[Journal of the House of Representatives, 1994]
[From the U.S. Government Publishing Office, www.gpo.gov]
JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
----------------
CONGRESS OF THE UNITED STATES
[[Page 1]]
Begun and held at the Capitol, in the City of Washington, in the
District of Columbia, on Tuesday, the twenty-fifth day of January, in
the year of our Lord nineteen hundred and ninety-four, being the second
session of the One Hundred Third Congress, held under the Constitution
of the United States, and in the two hundred and eighteenth year of the
independence of the United States.
________________________________________________________________________
.
TUESDAY, JANUARY 25, 1994 (1)
The SPEAKER announced that this being the day fixed by Public Law 103-
207, 103rd Congress, enacted pursuant to the 20th Amendment of the
Constitution, for the meeting of the Second Session of the 103rd
Congress, called the House to order.
Para. 1.1 resignation as member of house of representatives
The SPEAKER laid before the House the following communication, which
was read as follows:
Congress of the United States,
House of Representatives,
Washington, DC, January 7, 1994.
Hon. David Walters,
Governor, State of Oklahoma, Oklahoma City, OK.
Dear Governor: In accordance with the laws of the State of
Oklahoma, I am hereby notifying you that I resign from my
duties as Representative of the Sixth Congressional District
in the United States House of Representatives effective at 12
midnight, January 7, 1994.
Sincerely,
Glenn English,
Member of Congress.
Para. 1.2 call of the house
The SPEAKER ordered that the Clerk utilize the electronic system to
ascertain the presence of a quorum, and the following-named Members
responded:
Para. 1.3 [Roll No. 1]
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Armey
Bacchus (FL)
Baesler
Baker (CA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Beilenson
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Borski
Boucher
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Conyers
Coppersmith
Costello
Cox
Coyne
Crapo
Cunningham
Danner
Darden
Deal
DeFazio
DeLauro
DeLay
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dreier
Duncan
Dunn
Edwards (TX)
Emerson
Engel
English
Evans
Everett
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Foglietta
Foley
Ford (MI)
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hayes
Hefley
Hefner
Herger
Hilliard
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inslee
Istook
Jacobs
Johnson (CT)
Johnson (GA)
Johnson, E.B.
Johnson, Sam
Johnston
Kanjorski
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Long
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDermott
McHale
McHugh
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Moakley
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Natcher
Neal (NC)
Nussle
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Parker
Pastor
Paxon
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Regula
Reynolds
Richardson
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rostenkowski
Roukema
Rowland
Roybal-Allard
Royce
Sabo
Sangmeister
Santorum
Sarpalius
Sawyer
Schaefer
Schenk
Schroeder
Schumer
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stokes
Strickland
Stump
Stupak
Swett
Swift
Synar
Talent
Taylor (MS)
Tejeda
Thomas (WY)
Thornton
Thurman
Torkildsen
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Washington
Waters
Watt
Weldon
Whitten
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
Thereupon the SPEAKER announced that 348 Members had been recorded, a
quorum.
Further proceedings under the call were dispensed with.
Para. 1.4 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2197. A letter from the Administrator's of Federal Aviation
Administration and National Aeronautics and Space
Administration, transmitting a report on Subsonic Noise
Reduction Technology, pursuant to 49 U.S.C. app. 1353 note;
jointly, to the Committee on Public Works and Transportation,
and Science, Space, and Technology.
[[Page 2]]
2198. A letter from the Chairman, Farm Credit
Administration, transmitting the annual report for the
calendar year 1992, pursuant to 12 U.S.C. 1141b(3); to the
Committee on Agriculture.
2199. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a report on
allocations of foreign assistance the executive branch
intends to make available from funding levels established in
the fiscal year 1994, pursuant to 22 U.S.C. 2413(a); to the
Committee on Appropriations.
2200. A communication from the President of the United
States, transmitting his notification making available
appropriations in budget authority for the Department of
Transportation to be used to provide immediate assistance to
southern California for roads and bridges damaged by the
earthquake, as well as for outstanding Midwest flood costs,
pursuant to 31 U.S.C. 1107 (H. Doc. No. 103-181); to the
Committee on Appropriations and ordered to be printed.
2201. A communication from the President of the United
States, transmitting his notification making available
appropriations in budget authority for the Small Business
Administration to be used to provide disaster loans to
victims of the Los Angeles earthquake and the Midwest floods
and to enable SBA to respond rapidly to assist victims of the
upcoming spring flood and summer hurricane seasons, pursuant
to 31 U.S.C. 1107 (H. Doc. No. 103-182); to the Committee on
Appropriations and ordered to be printed.
2202. A communication from the President of the United
States, transmitting his notification making available
appropriations in budget authority for the SBA and FEM
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended (H.
Doc. No. 103-187); to the Committee on Appropriations and
ordered to be printed.
2203. A communication from the President of the United
States, transmitting his notification making available
appropriations in budget authority for the Department of
Transportation pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended (H. Doc. No. 103-188); to the Committee on
Appropriations and ordered to be printed.
2204. A communication from the President of the United
States, transmitting his notification making available
appropriations in budget authority for the Department of
Defense pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended
(H. Doc. No. 103-189); to the Committee on Appropriations and
ordered to be printed.
2205. A letter from the Comptroller General, the General
Accounting Office; transmitting a review of the President's
third special impoundment message from fiscal year 1994,
pursuant to 2 U.S.C. 685 (H. Doc. No. 103-185); to the
Committee on Appropriations and ordered to be printed.
2206. A letter from the Architect of the Capitol,
transmitting the report of expenditures of appropriations
during the period April 1, 1993, through September 30, 1993,
pursuant to 40 U.S.C. 16b; to the Committee on
Appropriations.
2207. A letter from the Comptroller, Department of Defense,
transmitting a report of a violation of the Anti-Deficiency
Act which occurred in the Department of Navy, pursuant to 31
U.S.C. 1517(b); to the Committee on Appropriations.
2208. A letter from the Comptroller, Department of Defense,
transmitting a report of a violation of the Anti-Deficiency
Act which occurred in the Department of the Air Force,
pursuant to 31 U.S.C. 1517(b); to the Committee on
Appropriations.
2209. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a copy of
Presidential Determination No. 94-6: Assistance Program for
Independent States of the Former Soviet Union; to the
Committee on Appropriations.
2210. A letter from the Director, Office of Management and
Budget, transmitting OMB's final sequestration report for
fiscal year 1994, pursuant to Public Law 101-508, section
13101(a) (104 Stat. 1388-587); to the Committee on
Appropriations.
2211. A letter from the Director, the Office of Management
and Budget, transmitting the cumulative report on rescissions
and deferrals of budget authority as of December 1, 1993,
pursuant to 2 U.S.C. 685(e) (H. Doc. No. 103-183); to the
Committee on Appropriations and ordered to be printed.
2212. A letter from the Director, the Office of Management
and Budget, transmitting the cumulative report on rescissions
and deferrals of budget authority as of January 1, 1994,
pursuant to 2 U.S.C. 685(e) (H. Doc. No. 103-184); to the
Committee on Appropriations and ordered to be printed.
2213. A letter from the Acting Assistant Secretary
(Installations, Logistics and Financial Management),
Department of the Army, transmitting notification of
emergency munitions disposal, pursuant to 50 U.S.C. 1512(4);
to the Committee on Armed Services.
2214. A letter from the Directors of Congressional Budget
Office and Office of Management and Budget, transmitting a
joint report on the technical assumptions to be used in
preparing estimates of National Defense Function (050)
outlays for fiscal year 1995, pursuant to Public Law 101-189,
section 5(a) (103 Stat. 1364); to the Committee on Armed
Services.
2215. A letter from the Secretary of Defense, transmitting
their certification on the chemical munitions disposal
facilities at the Tooele Army Depot, UT, pursuant to Public
Law 103-160, section 156(b) (107 Stat. 1580); to the
Committee on Armed Services.
2216. A letter from the Chairman, Board of Governors of the
Federal Reserve System, transmitting the report on credit
availability for small businesses and small farms in 1993,
pursuant to 12 U.S.C. 251; to the Committee on Banking,
Finance and Urban Affairs.
2217. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to the Republic of Korea,
pursuant to 12 U.S.C. 635(b)(3)(i); to the Committee on
Banking, Finance and Urban Affairs.
2218. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to the Peoples Republic of
China, pursuant to 12 U.S.C. 635(b)(3)(i); to the Committee
on Banking, Finance and Urban Affairs.
2219. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to the Peoples Republic of
China, pursuant to 12 U.S.C. 635(b)(3)(i); to the Committee
on Banking, Finance and Urban Affairs.
2220. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to Australia, pursuant to 12
U.S.C. 635(b)(3)(i); to the Committee on Banking, Finance and
Urban Affairs.
2221. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting the December
1993 semiannual report on the tied aid credits, pursuant to
Public Law 99-472, section 19 (100 Stat. 1207); to the
Committee on Banking, Finance and Urban Affairs.
2222. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to various countries,
pursuant to 12 U.S.C. 635(b)(3)(i); to the Committee on
Banking, Finance and Urban Affairs.
2223. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report on
the demand for trade finance for Central and Eastern Europe,
the former Soviet Union and the Baltic States; to the
Committee on Banking, Finance and Urban Affairs.
2224. A letter from the Acting Chairman, Federal Deposit
Insurance Corporation, transmitting the report on early
resolution of troubled insured depository institutions,
pursuant to 12 U.S.C. 1467a note; to the Committee on
Banking, Finance and Urban Affairs.
2225. A letter from the Chairman, Federal Trade Commission,
transmitting a supplement to 15th annual report on the
administration of the Fair Debt Collection Practices Act,
pursuant to 15 U.S.C. 1692m; to the Committee on Banking,
Finance and Urban Affairs.
2226. A letter from the Acting Chairman, Federal Deposit
Insurance Corporation, transmitting the 18th annual report of
the Corporation's Office of Consumer Affairs; to the
Committee on Banking, Finance and Urban Affairs.
2227. A letter from the Executive Director, Thrift
Depositor Protection Oversight Board, transmitting a report
to the Oversight Board by the Acting Director of the Office
of Thrift Supervision as of November 30, 1993; to the
Committee on Banking, Finance and Urban Affairs.
2228. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-148,
``Insurance Omnibus Temporary Amendment Act of 1993,''
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on the District of Columbia.
2229. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-151.
``Alternative Fuels Technology Amendment Act of 1993,''
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on the District of Columbia.
2230. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-149, ``Health
Care Provider Assessment Temporary Amendment Act of 1993,''
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on the District of Columbia.
2231. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. act, ``Closing of a
Public Alley in Square 2066, S.O. 92-125, Act of 1933,''
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on the District of Columbia.
2232. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-155, ``St.
Francis de Sales Place Designation Act of 1993,'' pursuant to
D.C. Code, section 1-233(c)(1); to the Committee on the
District of Columbia.
2233. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-156,
``Closing of a Portion of Douglas Street, NE., S.O. 92-52,
Act of 1993,'' pursuant to D.C. Code, section 1-233(c)(1); to
the Committee on the District of Columbia.
2234. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-158,
``Patient Counseling Temporary Amendment Act of 1993,''
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on the District of Columbia.
2235. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-159,
``Modified Guaranteed Contracts Temporary Amendment Act of
1993,'' pursuant to D.C. Code, section 1-
[[Page 3]]
233(c)(1); to the Committee on the District of Columbia.
2236. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-160,
``District of Columbia Solid Waste Management and Multi-
Material Recycling Act of 1988 Temporary Amendment Act of
1993,'' pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on the District of Columbia.
2237. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-157,
``Comprehensive Merit Personnel Act Temporary Panel of the
Office of Employee Appeals Temporary Amendment Act of 1993,''
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on the District of Columbia.
2238. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-153,
``Privatization Procurement and Contract Procedures Amendment
Act of 1993,'' pursuant to D.C. Code, section 1-233(c)(1); to
the Committee on the District of Columbia.
2239. A letter from the Assistant Secretary of Education,
transmitting notice of a Final Funding Priority--Knowledge
Dissemination and Utilization Program, pursuant to 20 U.S.C.
1232(d)(1); to the Committee on Education and Labor.
2240. A letter from the Acting Commissioner for
Rehabilitation Services Administration, Department of
Education, transmitting the annual report of the
Rehabilitation Services Administration on Federal activities
related to the administration of the Rehabilitation Act of
1973, fiscal year 1992, pursuant to 29 U.S.C. 712; to the
Committee on Education and Labor.
2241. A letter from the Commissioner, National Center for
Education Statistics, transmitting the third report on the
evaluation of the National Assessment of Educational Progress
``Trial State Assessment,'' pursuant to Public Law 100-297,
section 3403(a) (102 Stat. 348); to the Committee on
Education and Labor.
2242. A letter from the Secretary of Education,
transmitting notice of a Final Funding Priorities--Research
and Demonstration Program, pursuant to 20 U.S.C. 1232(d)(1);
to the Committee on Education and Labor.
2243. A letter from the Secretary of Education,
transmitting a copy of Final Regulations--Graduate Assistance
in Areas of National Need, pursuant to 20 U.S.C. 1232(d)(1);
to the Committee on Education and Labor.
2244. A letter from the Secretary of Education,
transmitting final regulations for the Educational
Opportunity Centers Program, pursuant to 20 U.S.C.
1232(d)(1); to the Committee on Education and Labor.
2245. A letter from the Secretary of Education,
transmitting final regulations for State-Administered
Workplace Literacy Program and National Workplace Literacy
Program, pursuant to 20 U.S.C. 1232(d)(1); to the Committee
on Education and Labor.
2246. A letter from the Secretary of Education,
transmitting a notice of Final Funding Priorities--
Rehabilitation Research and Training Centers, pursuant to 20
U.S.C. 1232(d)(1); to the Committee on Education and Labor.
2247. A letter from the Office of Legislative Affairs,
Department of Justice, transmitting the annual report of the
Office of Juvenile Justice and Delinquency Prevention for
fiscal year 1992, pursuant to 42 U.S.C. 5617; to the
Committee on Education and Labor.
2248. A letter from the Chairman, Board of Trustees, Harry
S Truman Scholarship Foundation, transmitting the
Foundation's annual report for 1993, pursuant to 20 U.S.C.
2012(b); to the Committee on Education and Labor.
2249. A letter from the Secretary of Education,
transmitting the annual report under the Federal Managers'
Financial Integrity Act for fiscal year 1993, pursuant to 31
U.S.C. 3512(c)(3); to the Committee on Education and Labor.
2250. A letter from the Secretary of Education,
transmitting a copy of the report ``Summary of Chapter 2
Annual Reports (1991-1992)''; to the Committee on Education
and Labor.
2251. A letter from the Secretary, Department of Energy,
transmitting a report on Federal, State, and local traffic
control measures and policies and how the use of alternative
fueled vehicles could be promoted by granting such vehicles
exemptions, pursuant to Public Law 102-486, section 413 (106
Stat. 2886); to the Committee on Energy and Commerce.
2252. A letter from the Secretary of Energy, transmitting
the quarterly report for the Strategic Petroleum Reserve
covering the third quarter of the calendar year 1993,
pursuant to 42 U.S.C. 6245(b); to the Committee on Energy and
Commerce.
2253. A letter from the Secretary, Department of Health and
Human Services, transmitting a report on operations of the
Medicaid Drug Rebate Program, pursuant to Public Law 101-508,
section 4401(a) (104 Stat. 1388-155); to the Committee on
Energy and Commerce.
2254. A letter from the Secretary, Department of the
Interior, transmitting the Department's Superfund section
120(e) annual report for fiscal year 1991; to the Committee
on Energy and Commerce.
2255. A letter from the Acting Inspector General,
Department of the Interior, transmitting a copy of a recently
issued final audit report entitled ``Accounting for Fiscal
Year 1991 and 1992 Reimbursable Expenditures of Environmental
Protection Agency Superfund Money, U.S. Fish and Wildlife
Service,'' Report No. 94-I-110, dated November 1993; to the
Committee on Energy and Commerce.
2256. A letter from the Assistant Secretary for
Communications and Information, Department of Commerce,
transmitting a report on the role of telecommunications in
hate crimes; to the Committee on Energy and Commerce.
2257. A letter from the Advisory Panel on Alzheimer's
Disease, Department of Health and Human Services,
transmitting a report on administrative and legislative
actions to improve services for individuals with Alzheimer's
disease, pursuant to 42 U.S.C. 679; to the Committee on
Energy and Commerce.
2258. A letter from the Administrator, Environmental
Protection Agency, transmitting a report entitled
``Opportunities to Reduce Methane Emissions in the United
States''; to the Committee on Energy and Commerce.
2259. A letter from the Administrator, Environmental
Protection Agency, transmitting a report entitled ``Options
for Reducing Methane Emissions Internationally, Volume II:
International Opportunities for Reducing Methane Emissions'';
to the Committee on Energy and Commerce.
2260. A letter from the Administrator, Health Care
Financing Administration, transmitting a report entitled
``Rural Health Care Transition Grant Program,'' pursuant to
42 U.S.C. 1395ww note; to the Committee on Energy and
Commerce.
2261. A letter from the Secretary of Health and Human
Services, transmitting a revised National Strategic Research
Plan for Hearing and Hearing Impairment and Voice and Voice
Disorders, pursuant to Public Law 100-553, section 2 (102
Stat. 2773); to the Committee on Energy and Commerce.
2262. A letter from the Secretary of Health and Human
Services, transmitting the 1992 annual report on the National
Institutes of Health [NIH] AIDS Research Loan Repayment
Program [LRP]; to the Committee on Energy and Commerce.
2263. A letter from the Administrator, Agency for
International Development, transmitting a report on
development assistance program allocations for fiscal year
1993, pursuant to 22 U.S.C. 2413(a); to the Committee on
Foreign Affairs.
2264. A letter from the Director, Defense Security
Assistance Agency, transmitting the Department of the Navy's
proposed lease of defense articles to Australia (Transmittal
No. 5-94), pursuant to 22 U.S.C. 2796a(a); to the Committee
on Foreign Affairs.
2265. A letter from the Director, Defense Security
Assistance Agency, transmitting the quarterly reports in
accordance with sections 36(a) and 26(b) of the Arms Export
Control Act, the March 24, 1979 report by the Committee on
Foreign Affairs, and the seventh report by the Committee on
Government Operations for the fourth quarter of fiscal year
1993, July 1, 1993-September 30, 1993, pursuant to 22 U.S.C.
2776(a); to the Committee on Foreign Affairs.
2266. A letter from the Deputy Director, Defense Security
Assistance Agency, transmitting the Department of the Navy's
proposed lease of defense articles to Canada (Transmittal No.
6-94), pursuant to 22 U.S.C. 2796a(a); to the Committee on
Foreign Affairs.
2267. A letter from the Director, Defense Security
Assistance Agency, transmitting notification of the
Department of the Army's proposed Letter(s) of Offer and
Acceptance [LOA] to Lebanon for defense articles and services
(Transmittal No. 94-11), pursuant to 22 U.S.C. 2776(b); to
the Committee on Foreign Affairs.
2268. A letter from the Director, Defense Security
Assistance Agency, transmitting notice of the Department of
the Air Force's proposed lease of defense articles to
Switzerland (Transmittal No. 7-94), pursuant to 22 U.S.C.
2796a(a); to the Committee on Foreign Affairs.
2269. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed license for the export of major defense equipment
sold commercially to Taiwan (Transmittal No. DTC-2-94),
pursuant to 22 U.S.C. 2776(c); to the Committee on Foreign
Affairs.
2270. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed license for the export of major defense equipment
sold commercially to Japan (Transmittal No. DTC-1-94),
pursuant to 22 U.S.C. 2776(c); to the Committee on Foreign
Affairs.
2271. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the 41st report on
voluntary contributions by the United States to international
organizations, pursuant to 22 U.S.C. 2226(b)(1); to the
Committee on Foreign Affairs.
2272. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed manufacturing license for the production of a
military item in Australia (Transmittal No. DTC-4-94),
pursuant to 22 U.S.C. 2776(d); to the Committee on Foreign
Affairs.
2273. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the semiannual
reports on voluntary contributions by the United States to
international organizations for the period October 1, 1992 to
March 31, 1993, pursuant to 22 U.S.C. 2226(b)(1); to the
Committee on Foreign Affairs.
2274. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a copy of
Presidential Determination No. 94-5, authorizing the
furnishing of assistance from the Emergency Refugee and
Migration Assistance Fund for unex-
[[Page 4]]
pected urgent needs of refugees and other persons in Africa,
pursuant to 22 U.S.C. 2601(c)(3); to the Committee on Foreign
Affairs.
2275. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the annual report
on the extent to which significant progress has been made
toward ending apartheid in South Africa, pursuant to 22
U.S.C. 5091(b); to the Committee on Foreign Affairs.
2276. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed transfer of major defense equipment to Greece
(Transmittal No. DRSA-2-93), pursuant to 22 U.S.C. 2776(d);
to the Committee on Foreign Affairs.
2277. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a copy of the
Presidential Determination to set aside legal restrictions on
providing foreign assistance to Somalia, pursuant to 22
U.S.C. 2411; to the Committee on Foreign Affairs.
2278. A letter from the Director, Defense Security
Assistance Agency, transmitting the fiscal year 1993 annual
report on the operation of the Special Defense Acquisition
Fund, pursuant to 22 U.S.C. 2795b(a); to the Committee on
Foreign Affairs.
2279. A letter from the Director, Defense Security
Assistance Agency, transmitting the price and availability
report for the quarter ending December 31, 1993, pursuant to
22 U.S.C. 2768; to the Committee on Foreign Affairs.
2280. A letter from the Director, Office of Legislative
Affairs, Agency for International Development, transmitting a
report on allocations of foreign assistance for fiscal year
1994, pursuant to 22 U.S.C. 2413(a); to the Committee on
Foreign Affairs.
2281. A communication from the President of the United
States, transmitting the bimonthly report on progress toward
a negotiated solution of the Cyprus problem, including any
relevant reports from the Secretary General of the United
Nations, pursuant to 22 U.S.C. 2373(c); to the Committee on
Foreign Affairs.
2282. A communication from the President of the United
States, transmitting notification that the Libyan emergency
is to continue in effect beyond January 7, 1994, pursuant to
50 U.S.C. 1622(d) (H. Doc. No. 103-191); to the Committee on
Foreign Affairs and ordered to be printed.
2283. A communication from the President of the United
States transmitting a report on the status of efforts to
obtain Iraq's compliance with the resolutions adopted by the
U.N. Security Council, pursuant to Public Law 102-1, section
3 (105 Stat. 4) (H. Doc. No. 103-192); to the Committee on
Foreign Affairs and ordered to be printed.
2284. A letter from the Acting Assistant Administrator,
U.S. Agency for International Development, transmitting the
1993 annual report on the International Fund for Ireland,
pursuant to Public Law 99-415, section 6 (100 Stat. 949); to
the Committee on Foreign Affairs.
2285. A letter from the Secretary, Department of Commerce,
transmitting the Export Administration's annual report for
fiscal year 1993, pursuant to 50 U.S.C. app. 2413; to the
Committee on Foreign Affairs.
2286. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting copies of the report of
political contributions by Wesley W. Egan, Jr., of North
Carolina, to be Ambassador to the Hashemite Kingdom of
Jordan, and members of his family, pursuant to 22 U.S.C.
3944(b)(2); to the Committee on Foreign Affairs.
2287. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting copies of the report of
political contributions by Jeanette W. Hyde, of North
Carolina, to be Ambassador to Barbados, the Commonwealth of
Dominica, to St. Lucia, and to St. Vincent, and members of
her family, pursuant to 22 U.S.C. 3944(b)(2); to the
Committee on Foreign Affairs.
2288. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State; transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on Foreign Affairs.
2289. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State; transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on Foreign Affairs.
2290. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State; transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on Foreign Affairs.
2291. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on Foreign Affairs.
2292. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on Foreign Affairs.
2293. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting Memorandum of
Justification for a Presidential Determination to draw down
DOD commodities and services to support Egyptian
participation in the United Nations Operation in Somalia
(UNOSOM II), pursuant to Public Law 101-513, section 547(a)
(104 Stat. 2019); to the Committee on Foreign Affairs.
2294. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a listing of gifts
by the U.S. Government to foreign individuals during fiscal
year 1993, pursuant to 22 U.S.C. 2694(2); to the Committee on
Foreign Affairs.
2295. A letter from the Administrator, Agency for
International Development, transmitting the 1992 report to
Congress on the prevention and control of HIV/AIDS in
developing countries; to the Committee on Foreign Affairs.
2296. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the
Administration's views concerning House Concurrent Resolution
170; to the Committee on Foreign Affairs.
2297. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a copy of
Presidential Determination No. 94-9: Eligibility of the Czech
Republic to Be Furnished Defense Articles and Services Under
the Foreign Assistance Act and the Arms Control Act; to the
Committee on Foreign Affairs.
2298. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a copy of
Presidential Determination No. 94-10: Eligibility of the
Slovak Republic to Be Furnished Defense Articles and Services
Under the Foreign Assistance Act and the Arms Control Act; to
the Committee on Foreign Affairs.
2299. A letter from the Executive Director, Japan-United
States Friendship Commission, transmitting the Commission's
annual report for fiscal year 1993, pursuant to 22 U.S.C.
2904(b); to the Committee on Foreign Affairs.
2300. A communication from the President of the United
States transmitting a report regarding the Loan Guarantees to
Israel Program, pursuant to 22 U.S.C. 2186, Public Law 102-
391, section 601; to the Committee on Foreign Affairs.
2301. A communication from the President of the United
States transmitting his followup report on the United States
peacekeeping contingent in the former Yugoslav Republic of
Macedonia (H. Doc. No. 103-190); to the Committee on Foreign
Affairs and ordered to be printed.
2302. A communication from the President of the United
States transmitting a report on development since his last
report concerning the national emergency with respect to the
Governments of Serbia and Montenegro, pursuant to 50 U.S.C.
1703(c) (H. Doc. No. 103-193); to the Committee on Foreign
Affairs and ordered to be printed.
2303. A letter from the Director, U.S. Information Agency,
transmitting the followup report on Diplomacy in the
Information Age; to the Committee on Foreign Affairs.
2304. A letter from the Director, Office of Management and
Budget, transmitting OMB estimate of the amount of change in
outlays or receipts, as the case may be, in each fiscal year
through fiscal year 1998 resulting from passage of H.R. 3167
and S. 1490, pursuant to Public Law 101-508, section 1301(a)
(104 Stat. 1388-582); to the Committee on Government
Operations.
2305. A letter from the Director, Office of Management and
Budget, transmitting OMB estimate of the amount of change in
outlays or receipts, as the case may be, in each fiscal year
through fiscal year 1998 resulting from passage of H.R. 1308,
pursuant to Public Law 101-508, section 1301(a) (104 Stat.
1388-582); to the Committee on Government Operations.
2306. A letter from the Director, Office of Management and
Budget, transmitting OMB estimate of the amount of change in
outlays or receipts, as the case may be, in each fiscal year
through fiscal year 1998 resulting from passage of H.R. 1025,
H.R. 2401 and H.R. 3341, pursuant to Public Law 101-508,
section 1301(a) (104 Stat. 1388-582); to the Committee on
Government Operations.
2307. A letter from the Director, Office of Management and
Budget, transmitting OMB estimate of the amount of change in
outlays or receipts, as the case may be, in each fiscal year
through fiscal year 1998 resulting from passage of H.R. 3255,
pursuant to Public Law 101-508, section 13101(a) (104 Stat.
1388-582); to the Committee on Government Operations.
2308. A letter from the Director, Office of Management and
Budget, transmitting OMB estimate of the amount of change in
outlays or receipts, as the case may be, in each fiscal year
through fiscal year 1998 resulting from passage of H.R. 898,
H.R. 698, H.R. 3378, H.R. 3471, and S. 433, pursuant to
Public Law 101-508, section 13101(a) (104 Stat. 1388-582); to
the Committee on Government Operations.
2309. A letter from the Director, Office of Management and
Budget, transmitting OMB estimate of the amount of change in
outlays or receipts, as the case may be, in each fiscal year
through fiscal year 1998 resulting from passage of H.R. 1425,
H.R. 2330, H.R. 2632, and S. 412, pursuant to Public law 101-
508, section 13101(a) (104 Stat. 1388-582); to the Committee
on Government Operations.
2310. A letter from the Director, Office of Management and
Budget, transmitting OMB estimate of the amount of change in
outlays or receipts, as the case may be, in each fiscal year
through fiscal year 1998 resulting from passage of H.R. 3616
and S. 994, pursuant to Public Law 101-508, section 13101(a)
(104 Stat. 1388-582); to the Committee on Government
Operations.
2311. A letter from the Director, Office of Management and
Budget, transmitting OMB estimate of the amount of change in
outlays or receipts, as the case may be, in each fiscal year
through fiscal year 1998 resulting from passage of H.R. 3450,
pursuant to Public law 101-508, section 13101(a) (104 Stat.
1388-582); to the Committee on Government Operations.
[[Page 5]]
2312. A letter from the Director, Office Management and
Budget, transmitting OMB estimate of the amount of change in
outlays or receipts, as the case may be, in each fiscal year
through fiscal year 1998 resulting from passage of H.R. 2840,
H.R. 3000, H.R. 3216, S. 422, S. 714, S. 1777, H.R. 2150, S.
1507, and H.R. 2535, pursuant to Public Law 101-508, section
13101(a) (104 Stat. 1388-582); to the Committee on Government
Operations.
2313. A letter from the Secretary, Department of
Agriculture, transmitting the semiannual report of the
inspector general for the period April 1, 1993, through
September 30, 1993, pursuant to Public Law 95-452, section
5(b) (102 Stat. 2526); to the Committee on Government
Operations.
2314. A letter from the Secretary of Commerce, transmitting
the semiannual report on the activities of the inspector
general for the period ending September 30, 1993, pursuant to
Public Law 95-452, section 5(b) (102 Stat. 2526); to the
Committee on Government Operations.
2315. A letter from the Secretary, Department of Education,
transmitting the semiannual report of the inspector general
from the period April 1, 1993, through September 30, 1993,
pursuant to Public Law 95-452, section 5(b) (102 Stat. 2526);
to the Committee on Government Operations.
2316. A letter from the Secretary, Department of Education,
transmitting the semiannual report of the inspector general
on audit followup for the period April 1, 1993, through
September 30, 1993, pursuant to Public Law 95-452, section
5(b) (102 Stat. 2526); to the Committee on Government
Operations.
2317. A letter from the Secretary of Education,
transmitting a report concerning surplus Federal real
property disposed of to educational institutions in fiscal
year 1993, pursuant to 40 U.S.C. 484(o)(1), to the Committee
on Government Operations.
2318. A letter from the Secretary of Health and Human
Services, transmitting the semiannual report of the inspector
general for the period April 1, 1993, through September 30,
1993, and management report, pursuant to Public Law 95-452,
section 5(b) (102 Stat. 2515, 2526); to the Committee on
Government Operations.
2319. A letter from the Secretary of Health and Human
Services, transmitting a report of surplus real property
transferred or leased for public health purposes in fiscal
year 1993, pursuant to 40 U.S.C. 484(o); to the Committee on
Government Operations.
2320. A letter from the Inspector General--HUD, Department
of Housing and Urban Development, transmitting the inspector
general's semiannual report and the Secretary's semiannual
report for the period April 1, 1993, through September 30,
1993, pursuant to Public Law 95-452, section 5(b) (102 Stat.
2515, 2526); to the Committee on Government Operations.
2321. A letter from the Inspector General, Department of
the Interior, transmitting a report on the semiannual report
of the inspector general and the Secretary's report on audit
followup for the period ending September 30, 1993, pursuant
to Public Law 95-452, section 5(b) (102 Stat. 2526); to the
Committee on Government Operations.
2322. A letter from the Inspector General--Labor,
Department of Labor, transmitting the semiannual report on
the activities of the inspector general for the period ending
September 30, 1993, pursuant to Public Law 95-452, section
5(b) (102 Stat. 2526); to the Committee on Government
Operations.
2323. A letter from the Secretary, Department of Labor,
transmitting the semiannual report on the activities of the
inspector general for the period ending September 30, 1993,
pursuant to Public Law 95-452, section 5(b) (102 Stat. 2526;
to the Committee on Government Operations.
2324. A letter from the Secretary, Department of
Transporting, transmitting the semiannual report of the
inspector general for the period April 1, 1993, through
September 30, 1993 and Management Report, pursuant to Public
Law 95-452, section 5(b) (102 Stat. 2526); to the Committee
on Government Operations.
2325. A letter from the Secretary, Department of the
Treasury, transmitting the U.S. Government annual report for
the fiscal year 1993, pursuant to 31 U.S.C. 331(c); to the
Committee on Government Operations.
2326. A letter from the Comptroller General, General
Accounting Office, transmitting the list of all reports
issued or released in October 1993, pursuant to 31 U.S.C.
719(h); to the Committee on Government Operations.
2327. A letter from the Comptroller General, General
Accounting Office, transmitting the list of all reports
issued or released in November 1993, pursuant to 31 U.S.C.
719(h); to the Committee on Government Operations.
2328. A letter from the Comptroller General, General
Accounting Office, transmitting GAO compliance report,
pursuant to Public Law 101-508, section 13101(a) (104 Stat.
1388-588); to the Committee on Government Operations.
2329. A letter from the Business Manager, Norfolk Naval
Shipyard Co-operative Association, transmitting the annual
report of the Norfolk Naval Shipyard pension plan for 1991,
pursuant to 31 U.S.C. 9106(a); to the Committee on Government
Operations.
2330. A letter from the Acting Chairman, Administrative
conference of the United States, transmitting the annual
report under the Federal Managers' Financial Integrity Act
for fiscal year 1993, pursuant to 31 U.S.C. 3512(c(3); to the
Committee on Government Operations.
2331. A letter from the General Counsel, Administrative
Conference of the United States, transmitting a report of
activities under the Freedom of Information Act for calendar
year 1993, pursuant to 5 U.S.C. 552(d); to the Committee on
Government Operations.
2232. A letter from the President, Amtrak, transmitting the
semiannual report on the activities of the inspector general
for the period ending September 30, 1993, pursuant to Public
Law 95-452, section 5(b) (102 Stat. 2526); to the Committee
on Government Operations.
2333. A letter from the Federal Co-Chairman, Appalachian
Regional Commission, transmitting the annual report under the
federal Managers' Financial Integrity Act for fiscal year
1993, pursuant to 31 U.S.C. 3512(c)93); to the Committee on
Government Operations.
2334. A letter from the Federal Co-Chairman, Appalachian
Regional Commission, transmitting the semiannual report of
the Office of the Inspector General for the period April 1,
1993 through September 30, 1993, pursuant to Public Law 95-
452, section 5(b) (102 Stat. 2526); to the Committee on
Government Operations.
2335. A letter from the Director, Armed Forces Retirement
Home, transmitting the annual report under the Federal
Managers' Financial Integrity Act for fiscal year 1993,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Operations.
2336. A letter from the Attorney General, transmitting the
annual report under the Federal Managers' Financial Integrity
Act for fiscal year 1993, pursuant to 31 U.S.C. 3512(c)(3);
to the Committee on Government Operations.
2337. A letter from the Attorney General, transmitting the
semiannual report of the inspector General for the period
April 1, 1993 through September 30, 1993 and the Management
report for the same period, pursuant to Public Law 95-452,
section 5(b) (102 Stat. 2515, 2526); to the Committee on
Government Operations.
2338. A letter from Chairman, Board of Governors of the
Federal Reserve System, transmitting the semiannual report of
the Office of the inspector General for the period April 1,
1993 through September 30, 1993, pursuant to Public Law 95-
452, section 5(b) (102 Stat. 2526); to the Committee on
Government Operations.
2339. A letter from the Executive Director, Commission for
the Preservation of America's Heritage Abroad, transmitting
activities of the Commission, pursuant to 16 U.S.C. 469j(h);
to the Committee on Government Operations.
2340. A letter from the Chairman, Consumer Product Safety
Commission, transmitting a copy of the annual report in
compliance with the Government in the Sunshine Act during the
calendar year 1992, pursuant to 5 U.S.C. 552b(j); to the
Committee on Government Operations.
2341. A letter from the Chairman, Consumer Product Safety
Commission, transmitting the semiannual report of the Office
of the Inspector General for the period April 1, 1993,
through September 30, 1993, pursuant to Public Law 95-452,
section 5(b) (102 Stat. 2526); to the Committee on Government
Operations.
2342. A letter from the Chairman, Consumer Product Safety
Commission, transmitting the annual report under the Federal
Managers' Financial Integrity Act for fiscal year 1993,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Operations.
2343. A letter from the Acting Director, Corporation for
National and Community Service, transmitting the semiannual
report of the Office of the Inspector General for the period
April 1, 1993, through September 30, 1993, pursuant to Public
Law 95-452, section 5(b) (102 Stat. 2526); to the Committee
on Government Operations.
2344. A letter from the Acting Director, Corporation for
National and Community Service, transmitting the annual
report under the Federal Managers' Financial Integrity Act
for fiscal year 1993, pursuant to 31 U.S.C. 3512(c)(3); to
the Committee on Government Operations.
2345. A letter from the Chairman, Board of Directors,
Corporation for Public Broadcasting, transmitting the
semiannual report of the Office of the Inspector General for
the period April 1, 1993, through September 30, 1993,
pursuant to Public Law 95-452, section 5(b) (102 Stat. 2526);
to the Committee on Government Operations.
2346. A letter from the Manager, Compensation and Benefits,
CoBank, transmitting the annual report for the year ending
December 31, 1992, pursuant to 31 U.S.C. 9503(a)(1)(B); to
the Committee on Government Operations.
2347. A letter from the Chairman, Defense Nuclear
Facilities Safety Board, transmitting the annual report under
the Federal Managers' Financial Integrity Act for 1993,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Operations.
2348. A letter from the Secretary, Department of Defense,
transmitting the semiannual report of the inspector general
for the period April 1, 1993, through September 30, 1993,
pursuant to Public Law 95-452, section 5(b) (96 Stat. 750,
102 Stat. 2526); to the Committee on Government Operations.
2349. A letter from the Acting Secretary, Department of
State, transmitting the annual report under the Federal
Managers' Financial Integrity Act for 1993, pursuant to 31
U.S.C. 3512(c)(3); to the Committee on Government Operations.
2350. A letter from the Secretary, Department of Veterans
Affairs, transmitting the
[[Page 6]]
semiannual report of the inspector general for the period
April 1, 1993; through September 30, 1993, and the
Department's Management Report on actions taken in response
to audit recommendations, pursuant to Public Law 95-452,
section 5(b) (102 Stat. 2526, 2640); to the Committee on
Government Operations.
2351. A letter from the Administrator, Environmental
Protection Agency, transmitting the annual report under the
Federal Managers' Financial Integrity Act for 1993, pursuant
to 31 U.S.C. 3512(c)(3); to the Committee on Government
Operations.
2352. A letter from the Chairman, Equal Employment
Opportunity Commission, transmitting the annual report under
the Federal Managers' Financial Integrity Act for 1993,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Operations.
2353. A letter from the Chairman, Farm Credit
Administration, transmitting the semiannual report on the
activities of the inspector general for the period ending
September 30, 1993, pursuant to Public Law 95-452, section
5(b) (102 Stat. 2526); to the Committee on Government
Operations.
2354. A letter from the Chairman, Farm Credit
Administration, transmitting the annual report under the
Federal Managers' Financial Integrity Act for 1993, pursuant
to 31 U.S.C. 3512(c)(3); to the Committee on Government
Operations.
2355. A letter from the Director, Federal Emergency
Management Agency, transmitting the annual report under the
Federal Manager's Financial Integrity at the 1993, pursuant
to 31 U.S.C. 3512(c)(3); to the Committee on Government
Operations.
2356. A letter from the Chairman, Federal Housing Finance
Board, transmitting the semiannaul report of the Office of
the Inspector General for the period April 1, 1993, through
September 30, 1993, pursuant to Public Law 95-452, section
5(b) (102 Stat. 2526); to the Committee on Government
Operations.
2357. Chairman, Federal Labor Relations Authority,
transmitting the annual report under the Federal Managers'
Financial Integrity Act for fiscal year 1993, pursuant to 31
U.S.C. 3512(c)(3); to the Committee on Government Operations.
2358. A letter from the Chairman, Federal Maritime
Commission, transmitting the annual report under the Federal
Managers' Financial Integrity Act for fiscal year 1993,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Operations.
2359. A letter from the Chairman, Federal Trade Commission,
transmitting the semiannual report of the Office of the
Inspector General for the period April 1, 1993, through
September 30, 1993, pursuant to Public Law 95-452, section
5(b) (102 Stat. 2526); to the Committee on Government
Operations.
2360. A letter from the Chairman, Federal Trade Commission,
transmitting the annual report under the Federal Managers'
Financial Integrity Act for fiscal year 1993, pursuant to 31
U.S.C. 3512(c)(3); to the Committee on Government Operations.
2361. A letter from the Director, Office of Financial
Management, General Accounting Office, transmitting the
fiscal year 1993 annual report of the Comptrollers General
Retirement System, pursuant to 31 U.S.C. 9503(a)(1)(B); to
the Committee on Government Operations.
2362. A letter from the Administrator, General Services
Administration, transmitting the semiannual report on the
activities of the Department's inspector general for the
period April 1, 1993, through September 30, 1993, pursuant to
Public Law 95-452, section 5(b) (102 Stat. 2526); to the
Committee on Government Operations.
2363. A letter from the Administrator, General Services
Administration, transmitting the annual report under the
Federal Managers' Financial Integrity Act for fiscal year
1993, pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Operations.
2364. A letter from the Administrator, General Services
Administration, transmitting a report covering the disposal
of surplus Federal real property for historic monument,
correctional facility, and airport purposes for fiscal year
1993, pursuant to 40 U.S.C. 484(o); to the Committee on
Government Operations.
2365. A letter from the President, Inter-American
Foundation, transmitting the annual report under the Federal
Managers' Financial Integrity Act for fiscal year 1993,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Operations.
2366. A letter from the Chairman, Interstate Commerce
Commission, transmitting the annual report under the Federal
Managers' Financial Integrity Act for fiscal year 1993,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Operations.
2367. A letter from the Executive Director, Martin Luther
King, Jr., Federal Holiday Commission, transmitting the
annual report under the Federal Managers' Financial Integrity
Act for fiscal year 1993, pursuant to 31 U.S.C. 3512(c)(3);
to the Committee on Government Operations.
2368. A letter from the Administrator, National Aeronautics
and Space Administration, transmitting the Semiannual report
on the activities of the inspector general for the period
ending September 30, 1993, pursuant to Public Law 95-452,
section 5(b) (102 Stat. 2526; to the Committee on Government
Operations.
2369. A letter from the Administrator, National Aeronautics
and Space Administration, transmitting the annual report
under the Federal Managers' Financial Integrity Act for
fiscal year 1993, pursuant to 31 U.S.C. 3512(c)(3); to the
Committee on Government Operations.
2370. A letter from the Acting Archivist of the United
States, National Archives, transmitting the annual report
under the Federal Managers' Financial Integrity Act for
fiscal year 1993, pursuant to 31 U.S.C. 3512(c)(3); to the
Committee on Government Operations.
2371. A letter from the Chairman, National Credit Union
Administration, transmitting the semiannual report of the
Office of the Inspector General for the period April 1, 1993,
through September 30, 1993, pursuant to Public Law 95-452,
section 5(b) (102 Stat. 2526); to the Committee on Government
Operations.
2372. A letter from the Chairman, National Credit Union
Administration, transmitting the annual report under the
Federal Managers' Financial Integrity Act for fiscal year
1993, pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Operations.
2373. A letter from the Chairman, National Endowment for
the Arts, transmitting the semiannual report of the inspector
general and the semiannual report on final action for the
National Endowment for the Arts for the period ending
September 30, 1993, pursuant to Public Law 95-452, section
5(b) (102 Stat. 2526); to the Committee on Government
Operations.
2374. A letter from the Chairman, National Endowment for
the Arts, transmitting the annual report under the Federal
Manager's Financial Integrity Act for fiscal year 1993,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Operations.
2375. A letter from the Chairman, National Endowment for
the Humanities, transmitting the annual report under the
Federal Managers' Financial Integrity Act for fiscal year
1993, pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Operations.
2376. A letter from the Director, National Gallery of Art,
transmitting the annual report under the Federal Managers'
Financial Integrity Act for fiscal year 1993, pursuant to 31
U.S.C. 3512(c)(3); to the Committee on Government Operations.
2377. A letter from the Inspector General, National Labor
Relations Board, transmitting the semiannual report of the
Office of the Inspector General for the period April 1, 1993,
through September 30, 1993, pursuant to Public Law 95-452,
section 5(b) (102 Stat. 2526); to the Committee on Government
Operations.
2378. A letter from the Chairman, National Mediation Board,
transmitting the annual report under the Federal Managers'
Financial Integrity Act for fiscal year 1993, pursuant to 31
U.S.C. 3512(c)(3); to the Committee on Government Operations.
2379. A letter from the Chairman, National Science Board,
transmitting the semiannual report on activities of the
inspector general for the period ending September 30, 1993,
pursuant to Public Law 95-452, section 5(b) (102 Stat. 2526);
to the Committee on Government Operations.
2380. A letter from the Ninth Farm Credit District Trust
Committee, transmitting the Ninth Farm Credit District
pension plan report for 1992, pursuant to 31 U.S.C.
9503(a)(1)(B); to the Committee on Government Operations.
2381. A letter from the Inspector General, Office of
Personnel Management; transmitting the semiannual report of
the inspector general for the period of April 1, 1993,
through September 30, 1993, pursuant to Public Law 95-452,
section 5(b) (102 Stat. 2515, 2526); to the Committee on
Government Operations.
2382. A letter from the Director, Office of Personnel
Management; transmitting the semiannual report of the
inspector general for the period of April 1, 1993, through
September 30, 1993, and management response for the same
period pursuant to Public Law 95-452, section 5(b) (102 Stat.
2515, 2526); to the Committee on Government Operations.
2383. A letter from the Administrator, Panama Canal
Commission transmitting the annual report under the Federal
Manager's Financial Integrity Act for fiscal year 1993,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Operations.
2384. A letter from the Vice Chairman, Post Rate
Commission, transmitting the semiannual report of the Office
of the Inspector General for the period April 1, 1993,
through September 30, 1993, pursuant to Public Law 95-452,
section 5(b) (102 Stat. 2526); to the Committee on Government
Operations.
2385. A letter from the Vice Chairman, Postal Rate
Commission, transmitting the annual report under the Federal
Managers' Financial Integrity Act for fiscal year 1993,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Operations.
2386. A letter from the Secretary of Energy, transmitting
the annual report under the Federal Managers' Financial
Integrity Act for fiscal year 1993, pursuant to 31 U.S.C.
3512(c)(3); to the Committee on Government Operations.
2387. A letter from the Secretary of the Interior,
transmitting the annual report under the Federal Managers'
Financial Integrity Act for fiscal year 1993, pursuant to 31
U.S.C. 3512(c)(3); to the Committee on Government Operations.
2388. A letter from the Secretary of the Treasury,
transmitting the annual report under the Federal Managers'
Financial Integrity Act for fiscal year 1993, pursuant to 31
U.S.C. 3512(c)(3); to the Committee on Government Operations.
2389. A letter from the Secretary of the Treasury,
transmitting the semiannual report of activities of the
inspector general for the period April 1, 1993, through
September 30, 1993, pursuant to Public Law 95-452, section
5(b) (102 Stat. 2515, 2526); to the Committee on Government
Operations.
[[Page 7]]
2390. A letter from the Secretary of Agriculture,
transmitting the department's management report for fiscal
year 1993, pursuant to Public Law 101-576, section 306(a)
(104 Stat. 2854); to the Committee on Government Operations.
2391. A letter from the Secretary of Commerce, transmitting
the annual report under the Federal Managers' Financial
Integrity Act for fiscal year 1993, pursuant to 31 U.S.C.
3512(c)(3); to the Committee on Government Operations.
2392. A letter from the Secretary of Health and Human
Services, transmitting the annual report under the Federal
Managers' Financial Integrity Act for fiscal year 1993,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Operations.
2393. A letter from the Secretary of Labor, transmitting
the annual report under the Federal Managers' Financial
Integrity Act for fiscal year 1993, pursuant to 31 U.S.C.
3512(c)(3); to the Committee on Government Operations.
2394. A letter from the Secretary of Transportation,
transmitting the annual report under the Federal Managers'
Financial Integrity Act for 1993, pursuant to 31 U.S.C.
3512(c)(3); to the Committee on Government Operations.
2395. A letter from the Secretary of Veterans Affairs,
transmitting the annual report under the Federal Managers'
Financial Integrity Act for fiscal year 1993, pursuant to 31
U.S.C. 3512(c)(3); to the Committee on Government Operations.
2396. A letter from the Chairman, Securities and Exchange
Commission, transmitting the semiannual report of the Office
of the Inspector General for the period April 1, 1993,
through September 30, 1993, pursuant to Public Law 95-452,
section 5(b) (102 Stat. 2526); to the Committee on Government
Operations.
2397. A letter from the Director, Selective Service System,
transmitting the semiannual report of the Office of the
Inspector General for the period April 1, 1993, through
September 30, 1993, pursuant to Public Law 95-452, section
5(b) (102 Stat. 2526); to the Committee on Government
Operations.
2398. A letter from the Secretary, Smithsonian Institution,
transmitting the semiannual report on the activities of the
inspector general for the period of April 1, 1993, to
September 30, 1993, pursuant to Public Law 95-452, section
5(b) (102 Stat. 2526); to the Committee on Government
Operations.
2399. A letter from the Secretary, the Commission of Fine
Arts, transmitting the annual report under the Federal
Managers' Financial Integrity Act for fiscal year 1993,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Operations.
2400. A letter from the Thrift Depositor Protection
Oversight Board, transmitting the semiannual report on the
activities of the inspector general for the period ending
September 30, 1993, pursuant to Public Law 95-452, section
5(b) (102 Stat. 2526); to the Committee on Government
Operations.
2401. A letter from the Director, U.S. Arms Control and
Disarmament Agency, transmitting the annual report under the
Federal Managers' Financial Integrity Act for fiscal year
1993, pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Operations.
2402. A letter from the Acting Staff Director, U.S.
Commission on Civil Rights, transmitting the annual report
under the Federal Managers' Financial Integrity Act for
fiscal year 1993, pursuant to 31 U.S.C. 3512(c)(3); to the
Committee on Government Operations.
2403. A letter from the Acting Staff Director, U.S.
Commission on Civil Rights, transmitting the semiannual
report of the Office of the Inspector General for the period
April 1, 1993, through September 30, 1993, pursuant to Public
Law 95-452, section 5(b) (102 Stat. 2526); to the Committee
on Government Operations.
2404. A letter from the Chief Staff Counsel, U.S. Court of
Appeals for the D.C. Circuit, transmitting a copy of the
Court's opinion on case No. 92-5076--U.S. Postal Service v.
Nat'l Association of Letter Carriers; to the Committee on
Government Operations.
2405. A letter from the Chairman, U.S. Employment
Opportunity Commission, transmitting the semiannual report on
the activities of the Inspector General for the period ending
September 30, 1993, pursuant to Public Law 95-452, section
5(b) (102 Stat. 2526); to the Committee on Government
Operations.
2406. A letter from the Office of the Public Printer, U.S.
Government Printing Office, transmitting the semiannual
report of the Office of the Inspector General for the period
April 1, 1993, through September 30, 1993, pursuant to Public
Law 95-452, section 5(b) (102 Stat. 2526); to the Committee
on Government Operations.
2407. A letter from the Inspector General, U.S. Information
Agency, transmitting the semiannual report of the Inspector
General's activities for the period April 1, 1993, through
September 30, 1993, pursuant to Public Law 99-399, section
412(a); to the Committee on Government Operations.
2408. A letter from the Administrator, U.S. Agency for
International Development, transmitting the semiannual report
of the Inspector General's activities for the period April 1,
1993, through September 30, 1993, pursuant to Public Law 99-
399, section 412(a); to the Committee on Government
Operations.
2409. A letter from the Director, U.S. Information Agency,
transmitting the annual report under the Federal Managers'
Financial Integrity Act for fiscal year 1993, pursuant to 31
U.S.C. 3512(c)(3); to the Committee on Government Operations.
2410. A letter from the Chairman, U.S. International Trade
Commission, transmitting the annual report under the Federal
Managers' Financial Integrity Act for fiscal year 1993,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Operations.
2411. A letter from the Deputy Director for Administration
and Support, U.S. Marine Corps, transmitting the annual
report of the retirement plan for civilian employees of the
U.S. Marine Corps morale, welfare and recreation activities,
the morale, welfare and recreation support activity, and
miscellaneous nonappropriated fund, pursuant to 31 U.S.C.
9503(a)(1)(B); to the Committee on Government Operations.
2412. A letter from the Chairman, U.S. Merit Systems
Protection Board, transmitting the annual report under the
Federal Managers' Financial Integrity Act for fiscal year
1993, pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Operations.
2413. A letter from the Acting Chairman, U.S. Nuclear
Regulatory Commission, transmitting the annual report under
the Federal Managers' Financial Integrity Act for fiscal year
1993, pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Operations.
2414. A letter from the Chairman, U.S. Nuclear Waste
Technical Review Board, transmitting the annual report under
the Federal Managers' Financial Integrity Act for fiscal year
1993, pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Operations.
2415. A letter from the Chairman, U.S. Securities and
Exchange Commission, transmitting the annual report under the
Federal Managers' Financial Integrity Act for fiscal year
1993, pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Operations.
2416. A letter from the Director, U.S. Trade and
Development Agency, transmitting the annual report under the
Federal Managers' Financial Integrity Act for fiscal year
1993, pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Operations.
2417. A letter from the Chairman, Federal Election
Commission, transmitting reports regarding the receipt and
use of Federal funds by candidates who accepted public
financing for the 1988 Presidential primary and general
election, pursuant to 26 U.S.C. 9039(c); to the Committee on
House Administration.
2418. A letter from the Chairman, Federal Election
Commission, transmitting proposed new FEC Form 6 entitled
``48 Hour Notice of Contributions/Loans Received,'' pursuant
to 2 U.S.C. 438(d); to the Committee on House Administration.
2419. A letter from the Clerk of the House of
Representatives, transmitting list of reports pursuant to
clause 2, rule III of the Rules of the House of
Representatives, pursuant to Rule III, clause 2, of the Rules
of the House. (H. Doc. No. 103-186); to the Committee on
House Administration and ordered to be printed.
2420. A letter from the Assistant Secretary for Indian
Affairs, Department of the Interior, transmitting the fiscal
year 1992 report on the implementation of the Indian Self-
Determination and Education Assistance Act, pursuant to 25
USC 450j-1(c); to the Committee on Natural Resources.
2421. A letter from the Deputy Associate Director for
Collection and Disbursement, Department of the Interior,
transmitting a report on proposed refunds of excess royalty
payments in OCS areas, pursuant to 43 U.S.C. 1339(b); to the
Committee on Natural Resources.
2422. A letter from the Deputy Associate Director for
Collection and Disbursement, Department of the Interior,
transmitting notice of proposed refunds of excess royalty
payments in OCS areas, pursuant to 43 U.S.C. 1339(b); to the
Committee on Natural Resources.
2423. A letter from the Deputy Associate Director for
Collection and Disbursement, Department of the Interior,
transmitting notice of proposed refunds of excess royalty
payments in OCS areas, pursuant to 43 U.S.C. 1339(b); to the
Committee on Natural Resources.
2424. A letter from the Secretary, Department of the
Interior, transmitting a report on leasing and production of
coal lands under the Mineral Lands Leasing Act, and Attorney
General's report on competition in the coal and energy
industries during fiscal year 1992, pursuant to 30 U.S.C.
208-2; to the Committee on Natural Resources.
2425. A letter from the Deputy Associate Director for
Collection and Disbursement, Department of the Interior,
transmitting notice of proposed refunds of excess royalty
payments in OCS areas, pursuant to 43 U.S.C. 1339(b); to the
Committee on Natural Resources.
2426. A letter from the Assistant Secretary for Water and
Science, Department of the Interior, transmitting the ``High
Plains States Groundwater Demonstration Program 1993 Interim
Report,'' pursuant to 43 U.S.C. 390g-2(c)(2); to the
Committee on Natural Resources.
2427. A letter from the Secretary of the Interior,
transmitting a proposed plan for the use and distribution of
the Gila River Indian Community's [Community] judgment funds
in Docket 236-N, before the U.S. Claims Court; to the
Committee on Natural Resources.
2428. A letter from the Director, Administrative Office of
the U.S. Courts, transmitting a draft of proposed legislation
to provide for the appointment of additional U.S. circuit and
district judges, and for other purposes; to the Committee on
the Judiciary.
2429. A letter from the National Commander, American Ex-
Prisoners of War, transmitting the 1993 audit report as of
August 31, 1993, pursuant to 36 U.S.C. 2111; to the Committee
on the Judiciary.
2430. A letter from the Chief Staff Counsel, District of
Columbia Circuit, transmitting
[[Page 8]]
two opinions of the U.S. Court of Appeals for the D.C.
Circuit; to the Committee on the Judiciary.
2431. A letter from the Director, Federal Judicial Center,
transmitting a report entitled ``Structural and Other
Alternatives for the Federal Courts of Appeals,'' pursuant to
Public Law 101-650, section 302(c) (104 Stat. 5104); to the
Committee on the Judiciary.
2432. A letter from the Chief Staff Counsel, U.S. Court of
Appeals for the D.C. Circuit, transmitting a copy of the
court's opinions on case No. 92-5085--Nat'l Treasury
Employees Union v. United States; to the Committee on the
Judiciary.
2433. A letter from the Clerk, U.S. Court of Federal
Claims, transmitting the court's report for the year ended
September 30, 1993, pursuant to 28 U.S.C. 791(c); to the
Committee on the Judiciary.
2434. A letter from the Adjutant General, Veterans of
Foreign Wars of the United States; transmitting the financial
audit for the fiscal year ended August 31, 1993, together
with the auditor's opinion, pursuant to 36 U.S.C. 1101(47),
1103; to the Committee on the Judiciary.
2435. A communication from the President of the United
States, transmitting his report on the implementation of
locality based comparability payments for general schedule
employees for calendar year 1994, pursuant to 5 U.S.C.
5304(d)(3); to the Committee on Post Office and Civil
Service.
2436. A letter from the Director of the Office of
Administration, the White House, transmitting the White House
personnel report for the fiscal year 1993, pursuant to 3
U.S.C. 113; to the Committee on Post Office and Civil
Service.
2437. A letter from the Chairman, Merit Systems Protection
Board, transmitting a report entitled ``Evolving Workforce
Demographics: Federal Agency Action and Reaction,'' pursuant
to 5 U.S.C. 1205(a)(3); to the Committee on Post Office and
Civil Service.
2438. A letter from the President's Pay Agent, transmitting
notification to extend locality based comparability payments
to certain categories of positions that exist in more than
one executive agency; to the Committee on Post Office and
Civil Service.
2439. A letter from the Secretary, Department of
Transportation, transmitting a report on the feasibility of
an international border highway infrastructure discretionary
program, pursuant to Public Law 102-240, section 1089(b) (105
Stat. 2023); to the Committee on Public Works and
Transportation.
2440. A letter from the Secretary, Department of
Transportation, transmitting a report on the results of the
highway functional reclassification, pursuant to Public Law
102-240, section 5004(b) (105 Stat. 2160); to the Committee
on Public Works and Transportation.
2441. A letter from the Deputy Administrator, General
Services Administration, transmitting an informational copy
of the report of building project survey for Burlington, IA,
pursuant to 40 U.S.C. 606(a); to the Committee on Public
Works and Transportation.
2442. A letter from the Deputy Administrator, General
Services Administration, transmitting informational copies of
reports of building project survey for Greeneville, TN,
Jacksonville, FL, and Brownsville, TX, pursuant to 40 U.S.C.
606(a); to the Committee on Public Works and Transportation.
2443. A letter from the Secretary, Department of Energy,
transmitting a report entitled, Hybrid Vehicle Program Plan,
pursuant to 15 U.S.C. 2513; to the Committee on Science,
Space, and Technology.
2444. A letter from the Secretary of Veterans Affairs,
transmitting the Department's chief minority affairs officer
report, pursuant to Public Law 102-218, section 1(a) (105
Stat. 1671); to the Committee on Veterans' Affairs.
2445. A communication from the President of the United
States, transmitting notification of intent to enter into the
trade agreements resulting from the Uruguay round of
multilateral trade negotiations under the auspices of the
General Agreement of Tariffs and Trade, pursuant to 19 U.S.C.
2112(e)(1) (H. Doc. No. 103-195); to the Committee on Ways
and Means and ordered to be printed.
2446. A communication from the President of the United
States, transmitting notice of his intention to add
Kyrgyzstan to the list of beneficiary developing countries
under the Generalized System of Preferences [GSP], pursuant
to 19 U.S.C. 2462(a); to the Committee on Ways and Means and
ordered to be printed.
2447. A letter from the Secretary of Health and Human
Services, transmitting the 17th annual report on the Child
Support Enforcement Program, pursuant to 42 U.S.C.
652(a)(10); to the Committee on Ways and Means.
2448. A communication from the President of the United
States, transmitting a report regarding the implementation of
the North American Free-Trade Agreement (H. Doc. No. 103-
194); to the Committee on Ways and Means and ordered to be
printed.
2449. A letter from the Deputy Under Secretary of Defense
(Environmental Security), Department of Defense; transmitting
a status report on the DOD Environmental Scholarships and
Fellowships Program for fiscal year 1993, pursuant to Public
Law 102-484, section 4451(j) (106 Stat. 2737; jointly, to the
Committees on Armed Services and Education and Labor.
2450. A letter from the Secretary, Department of Energy;
transmitting a copy of the report on environmental
restoration expenditures for fiscal years 1991 and 1992,
pursuant to Public Law 101-510, section 3134 (104 Stat. 1833;
jointly, to the Committees on Armed Services and Energy and
Commerce.
2451. A letter from the General Counsel, Department of
Defense, transmitting a request relative to a correction in
H.R. 3400, 103d Congress; jointly, to the Committees on
Government Operations and House Administration.
2452. A letter from the Chairman, Federal Election
Commission, transmitting the Commission's fiscal year 1995
budget request, pursuant to 2 U.S.C. 437d(d)(i); jointly, to
the Committees on House Administration and Appropriations.
2453. A letter from the Administrator, Federal Aviation
Administration, transmitting the report of progress on
developing and certifying the Traffic Alert and Collision
Avoidance System [TCAS], pursuant to Public Law 100-223,
section 203(b) (101 Stat. 1518); jointly, to the Committees
on Public Works and Transportation and Science, Space, and
Technology.
2454. A letter from the Chairman, National Transportation
Safety Board, transmitting a copy of the National
Transportation Safety Board's letter to OMB appealing the
fiscal year 1993 allowance of $37,125,000 for the Board,
pursuant to 49 U.S.C. app. 1903(b)(7); jointly, to the
Committees on Public Works and Transportation and Energy and
Commerce.
2455. A letter from the Director, Office of Management and
Budget, transmitting the report on accounts containing
unvouchered expenditures potentially subject to audit by GAO,
pursuant to 31 U.S.C. 3524(b); jointly, to the Committees on
Appropriations, the Budget, and Government Operations.
Para. 1.5 communication from the clerk--certificate of election
The SPEAKER laid before the House a communication, which was read as
follows:
Office of the Clerk,
U.S. House of Representatives,
Washington, DC, January 25, 1994.
Hon. Thomas S. Foley,
The Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: I have the honor to transmit herewith the
certificate of election from the Secretary of State, State of
Michigan, indicating that, according to the official returns
of the Special Election held on December 7, 1993, the
Honorable Vern Ehlers was elected to the Office of
Representative in Congress from the Third Congressional
District, State of Michigan.
With great respect, I am
Sincerely yours,
Donnald K. Anderson,
Clerk, House of Representatives.
State of Michigan Certificate of Election
We, the undersigned, State Canvassers, from an examination
of the Election Returns received by the Secretary of State,
determine that, at the General Election, held on the seventh
day of December, nineteen hundred ninety-three, Vern Ehlers
was duly elected Representative in Congress 3rd District for
the term ending January 2, nineteen hundred ninety-five.
In Witness Whereof, We have hereto subscribed our names, at
Lansing, this third day of January, nineteen hundred ninety-
four.
(Signed) Board of State Canvassers.
Para. 1.6 member-elect sworn in
Mr. Vernon J. EHLERS of the 3rd District of Michigan, presented
himself at the bar of the House and took the oath of office prescribed
by law.
Para. 1.7 committee to notify the president
Mr. GEPHARDT submitted the following privileged resolution (H. Res.
325):
Resolved, That a committee of two Members be appointed by
the Speaker on the part of the House of Representatives to
join with a committee on the part of the Senate to notify the
President of the United States that a quorum of each House
has assembled and Congress is ready to receive any
communication that he may be pleased to make.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 1.8 appointment of committee to notify the president
The SPEAKER, pursuant to the foregoing resolution, announced the
appointment of Messrs. GEPHARDT and MICHEL as members of the committee
on the part of the House to join a like committee on the part of the
Senate to notify the President of the United States that a quorum of
each House has been assembled and that Congress is ready to receive any
communication that he may be pleased to make.
Para. 1.9 clerk to notify senate of a quorum
Mr. WHITTEN submitted the following privileged resolution (H. Res.
326):
[[Page 9]]
Resolved, That the Clerk of the House inform the Senate
that a quorum of the House is present and that the House is
ready to proceed with business.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 1.10 hours of meeting
Mr. MOAKLEY submitted the following privileged resolution (H. Res.
327):
Resolved, That until otherwise ordered, the hour of meeting
of the House shall be noon on Mondays and Tuesdays; 2 p.m. on
Wednesdays; 11 a.m. on all other days of the week up to and
including May 15, 1994; and that from May 16, 1994, until the
end of the second session, the hour of daily meeting of the
House shall be noon on Mondays and Tuesdays and 10 a.m. on
all other days of the week.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 1.11 the honorable thomas p. o'neill, jr.
Mr. MOAKLEY submitted the following privileged resolution (H. Res.
328):
Resolved, That the House has learned with profound sorrow
of the death of the Honorable Thomas P. ``Tip'' O'Neill, Jr.,
former Member of the House for 17 terms and Speaker of the
House of Representatives for the Ninety-fifth, Ninety-sixth,
Ninety-seventh, Ninety-eighth and Ninety-ninth Congresses.
Resolved, That in the death of the Honorable Thomas P.
``Tip'' O'Neill, Jr. the United States and the Commonwealth
of Massachusetts have lost a valued and eminent public
servant and citizen.
Resolved, That the Clerk communicate these resolutions to
the Senate and transmit a copy thereof to the family of the
deceased.
Resolved, That when the House adjourns today, it adjourn as
a further mark of respect to the memory of the deceased.
When said resolution was considered.
After debate,
The resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof
Para. 1.12 report of committee to notify the president
Mr. GEPHARDT addressed the Chair and said:
``Mr. Speaker, your committee on the part of the House to join a like
committee on the part of the Senate to notify the President of the
United States that a quorum of each House has been assembled and is
ready to receive any communication that he may be pleased to make has
performed that duty.
``The President asked us to report that he will be pleased to deliver
his message at 9 p.m. tonight to a joint session of the two Houses.''.
Para. 1.13 providing for joint session--state of the union
Mr. GEPHARDT submitted the following privileged concurrent resolution
(H. Con. Res. 197):
Resolved by the House of Representatives (the Senate
concurring), That the two Houses of Congress assembled in the
Hall of the House of Representatives on Tuesday, January 25,
1994, at 9 p.m., for the purpose of receiving such
communication as the President of the United States shall be
pleased to make to them.
When said concurrent resolution was considered and agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
Para. 1.14 hour of meeting
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 12
o'clock noon on Wednesday, January 26, 1994.
Para. 1.15 order of business--suspension of the rules
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That it may be in order on Wednesday, January 26, 1994, for
the Speaker to entertain a motion to suspend the rules under clause 1 of
rule XXVII and adopt House Resolution 323, relating to the treatment of
Hugo Princz, a United States Citizen, by the Federal Republic of
Germany.
Para. 1.16 calendar wednesday business dispensed with
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That business in order for consideration on Wednesday,
January 26, 1994, under clause 7, rule XXIV, the Calendar Wednesday
rule, be dispensed with.
Para. 1.17 adjournment of the house
Mr. GEPHARDT submitted the following privileged concurrent resolution
(H. Con. Res. 198):
Resolved by the House of Representatives (the Senate
concurring), That when the House adjourns on Wednesday,
January 26, 1994, it stand adjourned until noon on Tuesday,
February 1, 1994.
When said concurrent resolution was considered and agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
Para. 1.18 enrolled bills and joint resolutions signed
The SPEAKER pro tempore, Mr. KLINK, announced that pursuant to clause
4, rule I,
The Speaker pro tempore, Mr. HOYER, signed the following enrolled bill
on Monday, November 29, 1993:
H.R. 1025. An Act to provide for a waiting period before
the purchase of a handgun, and for the establishment of a
national instant criminal background check system to be
contacted by firearms dealers before the transfer of any
firearm; and
That the SPEAKER signed the following enrolled bills and joint
resolutions on Wednesday, December 1, 1993:
H.R. 486. An Act to provide for the addition of the Truman
farm home to the Harry S. Truman National Historical Site in
the State of Missouri.
H.R. 1237. An Act to establish procedures for national
criminal background checks for child care providers.
H.R. 1944. An Act to provide for additional development at
War in the Pacific National Historical Park, and for other
purposes.
H.R. 2150. An Act to authorize appropriations for fiscal
year 1994 for the United States Coast Guard, and for other
purposes.
H.R. 2535. An Act to amend title 38, United States Code, to
provide additional authority for the Secretary of Veterans
Affairs to provide health care for Veterans of the Persian
Gulf War.
H.R. 2840. An Act to amend title 17, United States Code, to
establish copyright arbitration royalty panels to replace the
copyright royalty tribunal, and for other purposes.
H.R. 3000. An Act for reform in emerging new democracies
and support and health for improved partnership with Russia,
Ukraine, and other new independent states of the former
Soviet Union.
H.R. 3216. An Act to amend the comprehensive drug abuse
prevention and control act of 1970 to control the diversion
of certain chemicals used in the illicit production of
controlled substances such as methcathinone and
methamphetamine, and for other purposes.
H.R. 3321. An Act to provide increased flexibility to
states in carrying out the low-income home energy assistance
program.
H.R. 3450. An Act to implement the North American Free
Trade Agreement.
H.R. 3514. An Act to clarify the regulatory oversight
exercised by the Rural Electrification Administration with
respect to certain electric borrowers.
H.R. 3616. An Act to require the Secretary of the Treasury
to mint coins in commemoratin of the 250th anniversary of the
birth of Thomas Jefferson, Americans who have been prisoners
of war, the Vietnam Veterans Memorial on the occasion of the
10th anniversary of the memorial, and the Women in Military
Service for America Memorial, and for other purposes.
H.J. Res. 272. A joint resolution designating December 15,
1993, as ``National Firefighters Day''.
H.J. Res. 300. A joint resolution providing for the
convening of the Second Session of the One Hundred Third
Congress.
S. 422. An Act to extend and revise rulemaking authority
with respect to government securities under the Federal
securities laws, and for other purposes.
S. 664. An Act making a technical amendment of the Clayton
Act.
S. 994. An Act to authorize the establishment of a fresh
cut flowers and fresh cut greens promotion and consumer
information program for the benefit of the floricultural
industry and other persons, and for other purposes.
S. 1507. An Act to make certain technical and conforming
amendments to the Higher Education Act of 1965.
S. 1732. An Act to extend arbitration under the provisions
of chapter 44 of title 28, United States Code, and for other
purposes.
S. 1764. An Act to provide for the extension of certain
authority for the Marshal of the Supreme Court and the
Supreme Court Police.
[[Page 10]]
S. 1769. An Act to make a technical correction, and for
other purposes.
S. 1777. An Act to extend the suspended implementation of
certain requirements of the Food Stamp Program on Indian
Reservations, to suspend certain eligibility requirements for
the participation of retail food stores in the Food Stamp
Program, and for other purposes.
S.J. Res. 154. A joint resolution designating January 16,
1994, as ``Religious Freedom Day''.
Para. 1.19 national women's business council
The SPEAKER pro tempore, Mr. KLINK, laid before the House a
communication, which was read as follows:
U.S. House of Representatives,
Washington, DC., November 24, 1993.
Hon. Thomas S. Foley,
Speaker of the House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to Section 403(a)(3) of Public
Law 100-533, I hereby appoint the following individual to
serve as a member on the National Women's Business Council:
Ms. Marilu Meyer of Chicago, Illinois.
Sincerely,
Bob Michel,
Republican Leader.
Para. 1.20 subpoena
The SPEAKER pro tempore, Mr. KLINK, laid before the House a
communication, which was read as follows:
December 4, 1993.
Hon. Thomas S. Foley,,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that I have been
served with a subpoena by the Superior Court of New Jersey in
connection with a civil case.
After consultation with the General Counsel, I will
determine if compliance with the subpoena is consistent with
the privileges and precedents of the House.
Sincerely,
Frank Pallone, Jr.,
Member of Congress.
Para. 1.21 subpoena
The SPEAKER pro tempore, Mr. KLINK, laid before the House a
communication, which was read as follows:
House of Representatives,
Washington, DC, November 23, 1993.
Hon. Thomas S. Foley,
Speaker, House of Representatives, U.S. Capitol, Washington,
DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that the Office of
Finance has been served with a subpoena issued by the United
States District Court for the District of Columbia.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoena is
consistent with the privileges and precedents of the House.
Sincerely,
Leonard P. Wishart III,
Director.
Para. 1.22 subpoena
The SPEAKER pro tempore, Mr. KLINK, laid before the House a
communication, which was read as follows:
House of Representatives,
Washington, DC, January 4, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives, U.S. Capitol, Washington,
DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that a member of the
staff of the Office of Finance has been served with a
subpoena issued by the United States District Court for the
District of Columbia.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
Leonard P. Wishart III,
Director.
Para. 1.23 subpoena
The SPEAKER pro tempore, Mr. KLINK, laid before the House a
communication, which was read as follows:
House of Representatives,
Washington, DC, January 4, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives, U.S. Capitol, Washington,
DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that my office has
been served with a subpoena for employment and salary records
of a House employee. The subpoena was issued by the Circuit
Court of Cook County, Illinois in connection with a civil
case on a personal injury claim.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
Leonard P. Wishart III,
Director.
Para. 1.24 subpoena
The SPEAKER pro tempore, Mr. KLINK, laid before the House a
communication, which was read as follows:
House of Representatives,
Washington, DC, January 6, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that the Office of
Finance has been served with a subpoena issued by the United
States District Court for the District of Columbia.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoena is
consistent with the privileges and precedents of the House.
Sincerely,
Leonard P. Wishart III,
Director.
Para. 1.25 subpoena
The SPEAKER pro tempore, Mr. KLINK, laid before the House a
communication, which was read as follows:
House of Representatives,
Washington, DC, January 12, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that the Office of
Finance has been served with a subpoena issued by the Circuit
Court for the State of Maryland.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoena is
consistent with the privileges and precedents of the House.
Sincerely,
Leonard P. Wishart III,
Director.
Para. 1.26 recess--4:10 p.m.
The SPEAKER pro tempore, Mr. RAHALL, pursuant to clause 12 of rule I,
declared the House in recess at 4 o'clock and 10 minutes p.m., until
8:40 p.m.
Para. 1.27 after recess--8:40 p.m.
The SPEAKER called the House to order.
Para. 1.28 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed without amendment concurrent resolutions of
the House of the following titles:
H. Con. Res. 197. Concurrent resolution providing for a
joint session of Congress to receive a message from the
President on the State of the Union.
H. Con. Res. 198. Concurrent Resolution providing for an
adjournment of the House from Wednesday, January 26, 1994 to
Tuesday, February 1, 1994.
Para. 1.29 joint session to receive a message from the President
The Doorkeeper announced the Vice President and Members of the Senate,
who entered the Hall of the House and took seats assigned them, the Vice
President taking the Chair to the right of the Speaker.
Whereupon, pursuant to House Concurrent Resolution 197, the SPEAKER
called the joint session of the two Houses to order.
The SPEAKER announced the appointment of Messrs. Gephardt, Bonior,
Hoyer, Fazio, Thornton, Lambert, Brooks, Michel, Gingrich, Armey, Hyde,
Dickey, Hutchinson and Hunter as members of the Committee on the part of
the House to escort the President into the Hall of the House.
The Vice President announced the appointment of Messrs. Mitchell,
Ford, Pryor, Breaux, Mikulski, Daschle, Graham, Riegle, Lautenberg,
Dole, Simpson, Cochran, Lott, Nickles, Gramm, and Thurman, as members of
the committee on the part of the Senate to escort the President into the
Hall of the House.
The Doorkeeper announced the ambassadors, ministers, and charges
d'affaires of foreign governments, who entered the Hall of the House and
took seats assigned them.
The Doorkeeper announced the Chief Justice of the United States and
Associate Justices of the Supreme Court, who entered the Hall of the
House and took seats assigned to them.
The Doorkeeper announced the Members of the President's Cabinet, who
entered the Hall of the House and took seats assigned to them.
The President of the United States at 9 o'clock and 10 minutes p.m.,
escorted by the committees of the two Houses, entered the Hall of the
House and, at the Clerk's desk, delivered the following message:
[[Page 11]]
Mr. Speaker, Mr. President, Members of the 103rd Congress, my fellow
Americans:
I am not at all sure what speech is in the teleprompter tonight, but I
hope we can talk about the State of the Union.
I ask you to begin by recalling the memory of the giant who presided
over this chamber with such force and grace. Tip O'Neill liked to call
himself a man of the House, and he surely was that. But even more, he
was a man of the people, a bricklayer's son who helped build the great
American middle class. Tip O'Neill never forgot who he was, where he
came from, or who sent him here.
Tonight, he is smiling down on us for the first time from the Lord's
gallery. But in his honor, may we too always remember who we are, where
we come from, and who sent us here.
If we do that, we will return over and over again to the principle
that if we simply give ordinary people equal opportunity, quality
education, and a fair shot at the American dream, they will do
extraordinary things.
We gather tonight in a world of changes, so profound and rapid that
all nations are tested. Our American heritage has always been to master
such change, to use it to expand opportunity at home, and our
leadership abroad.
But for too long, and in too many ways, that heritage was abandoned,
and our country drifted.
For thirty years, family life in America has been breaking down. For
twenty years, the wages of working families have been stagnant, or
declining. For twelve years of trickle-down economics, we built a false
prosperity on a hollow base as our national debt quadrupled. From 1989
to 1992, we experienced the slowest growth in a half century.
For too many families, even when both parents are working, the
American dream has been slipping away.
In 1992, the American people demanded that we change. A year ago I
asked all of you to join me in accepting responsibilities for the
future of our country. Well, we did. We replaced drift and deadlock
with renewal and reform. And I want to thank every one of you here who
heard the American people, broke gridlock, who gave them the most
successful teamwork between a President and a Congress in thirty years.
This Congress produced a budget that cut the deficit by half a
trillion dollars, cut spending and raised income taxes only on the very
wealthiest Americans. This Congress produced tax relief for millions of
low income workers to reward work over welfare. It produced NAFTA. It
produced the Brady bill, now the Brady law. and thank you, Jim Brady,
for being here, and God bless you, sir.
This Congress produced tax cuts to reduce the taxes of nine out of
ten small businesses who use the money to invest more and create more
jobs. It produced more research and treatment for AIDS, more childhood
immunizations, more support for women's health research, for affordable
college loans for the middle class, a new national service program for
those who want to give something back to their country and their
communities for higher education. A dramatic increase in high-tech
investments to move us from a defense to a domestic high-tech economy.
This Congress produced a new law, the motor voter bill, to help
millions of people register to vote. It produced family and medical
leave. All passed, all signed into law, with not one single veto. These
accomplishments were all commitments I made when I sought this office,
and, in fairness, they all had to be passed by you and this Congress.
But I am persuaded that the real credit belongs to the people who sent
us here, who pay our salaries, who hold our feet to the fire.
But what we do here is really beginning to change lives. Let me just
give you one example. I will never forget what the family and medical
leave law meant to just one father I met early one Sunday morning in
the White House. It was unusual to see a family there touring early
Sunday morning, but he had his wife and his three children there, one
of them in a wheelchair.
I came up, and after we had our picture taken and had a little visit,
I was walking off and that man grabbed me by the arm and said, Mr.
President, ``Let me tell you something. My little girl here is
desperately ill. She is probably not going to make it. But because of
the family leave law, I was able to take time off to spend with her,
the most important time I ever spent in my life, without losing my job
and hurting the rest of my family.
``It means more to me than I will ever be able to say. Don't you
people up here ever think what you do doesn't make a difference. It
does.''
Though we are making a difference, our work has just begun. Many
Americans still haven't felt the impact of what we have done. The
recovery still hasn't touched every community or created enough jobs.
Incomes are still stagnant. There is still too much violence and not
enough hope in too many places. Abroad, the young democracies we are
strongly supporting still face very difficult times and look to us for
leadership.
And so, tonight, let us resolve to continue the journey of renewal,
to create more and better jobs, to guarantee health security for all,
to reward work over welfare, to promote democracy abroad, and to begin
to reclaim our streets from violent crime and drugs and gangs, to renew
our own American community.
Last year we began to put our House in order by tackling the budget
deficit that was driving us toward bankruptcy. We cut $255 billion in
spending, including entitlements, and over 340 separate budget items.
We froze domestic spending, and used honest budget numbers.
Led by the Vice President, we launched a campaign to reinvent
government. We cut staff, cut perks, even trimmed the fleet of federal
limousines. After years of leaders whose rhetoric attacked bureaucracy,
but whose actions expanded it, we will actually reduce it by 252
thousand people over the next five years. By the time we have finished,
the federal bureaucracy will be at its lowest point in thirty years.
Because the deficit was so large and because they had benefitted from
tax cuts in the 1980's, we did ask the wealthiest Americans to pay more
to reduce the deficit. So on April the 15th, the American people will
discover the truth about what we did last year on taxes. Only the top--
listen, the top 1.2 percent of Americans, as I said all along, will pay
higher income tax rates. Let me repeat, only the wealthiest 1.2 percent
of Americans will face higher income tax rates, and no one else will,
and that is the truth.
Of course, there were, as there always are in politics, naysayers who
said this plan won't work. But they were wrong. When I became
President, the experts predicted that next year's deficit would be $300
billion. But because we acted, those same people now say the deficit is
going to be under $180 billion, forty percent lower than was previously
predicted.
Our economic program has helped to produce the lowest core inflation
rate and the lowest interest rates in twenty years. And because those
interest rates are down, business investment in equipment is growing at
seven times the rate of the previous four years. Auto sales are way up,
home sales at a record high. Millions of Americans have refinanced
their homes, and our economy has produced 1.6 million private sector
jobs in 1993, more than were created in the previous four years
combined. The people who supported this economic plan should be proud
of its early results. Proud. But everyone in this Chamber should know
and acknowledge that there is more to do.
Next month, I will send you one of the toughest budgets ever
presented to Congress. It will cut spending in more than 300 programs,
eliminate 100 domestic programs, and reforms the way in which
government buys goods and services. This year we must again make the
hard choices to live within the hard spending ceilings we have set. We
must do it. We have proved we can bring the deficit down without
choking off recovery, without punishing seniors or the middle class,
and without putting our national security at risk. If you will stick
with this plan, we will post three consecutive years of declining
deficits for the first time since Harry Truman lived in the White
House, and, once again, the buck stops here.
Our economic plan also bolsters our strength and our credibility
around the world. Once we reduced the deficit and put the steel back in
our competitive edge, the world echoed with the sound
[[Page 12]]
of falling trade barriers. In one year, with NAFTA, with GATT, with our
efforts in Asia and the national export strategy, we did more to open
world markets to American products than at any time in the last two
generations. That means more jobs and rising living standards for the
American people.
Low deficits, low inflation, low interest rates, low trade barriers,
and high investments, these are the building blocks of our recovery.
But if we want to take full advantage of the opportunities before us in
the global economy, you all know we must do more.
As we reduce defense spending, I ask Congress to invest more in the
technologies of tomorrow. Defense conversion will keep us strong
militarily and create jobs for our people here at home.
As we protect our environment, we must invest in the environmental
technologies of the future which will create jobs. This year we will
fight for a revitalized Clean Water Act and a Safe Drinking Water Act
and a reformed Superfund program. And the Vice President is right. We
must also work with the private sector to connect every classroom,
every clinic, every library, every hospital in America into a national
information superhighway by the year 2000. Think of it: Instant access
to information will increase productivity, will help to educate our
children; it will provide better medical care; it will create jobs. And
I call on the Congress to pass legislation to establish that
information super highway this year.
As we expand opportunity and create jobs, no one can be left out. We
must continue to enforce fair lending and fair housing, and all civil
rights laws, because America will never be complete in its renewal
until everyone shares in its bounty.
But we all know, too, we can do all these things: Put our economic
House in order, expand world trade, target the jobs of the future,
guarantee equal opportunity. But if we are honest, we will all admit
that this strategy still cannot work unless we also give our people the
education, training, and skills they need to seize the opportunities of
tomorrow.
We must set tough, world class academic and occupational standards
for all of our children, and give our teachers and students the tools
to meet them. Our Goals 2000 proposal will empower individual school
districts to experiment with ideas like chartering their schools to be
run by private corporations, or having more public school choice; to do
whatever they wish to do, as long as we measure every school by one
high standard: Are our children learning what they need to know to
compete and win in the global economy. Goals 2000 links world class
standards to grass roots reforms, and I hope Congress will pass it
without delay.
Our school-to-work initiative will, for the first time link schools
to the world of work, providing at least one year of apprenticeship
beyond high school. After all, most of the people we are counting on to
build our economic future won't graduate from college. It's time to
stop ignoring them and start empowering them.
We must literally transform our outdated unemployment system into a
re-employment system. The old unemployment system just sort of kept you
going while you waited for your old job to come back. We have got to
have a new system to move people into new and better jobs, because most
of those old jobs just don't come back. And we know the only way to
have real job security in the future, to get a good job with a growing
income, is to have real skills and the ability to learn new ones. So we
have got to streamline today's patchwork of training programs and make
them a source of new skills for our people who lose their jobs. Re-
employment, not unemployment, must become the centerpiece of our
economic renewal. I urge you to pass it in this session of Congress.
Just as we must transform our unemployment system, so must we also
revolutionize our welfare system. It doesn't work. It defies our values
as a nation. If we value work, we can't justify a system that makes
welfare more attractive than work if people are worried about losing
their health care.
If we value responsibility, we can't ignore the $34 billion in child
support that absent parents ought to be paying to millions of parents
who are taking care of their children.
If we value strong families, we cannot perpetuate a system that
actually penalizes those who stay together. Can you believe that a
child who has a child gets more money from the government for leaving
home than for staying home with a parent or a grandparent? That's not
just bad policy, it is wrong, and we ought to change it.
I worked on this problem for years before I became President, with
other governors and with members of Congress of both parties and with
the previous administration of another party. I worked on it with
people who are on welfare, lots of them. And I wanted to say something
to everybody here who cares about this issue: The people who most want
to change this system are the people who are dependent on it. They want
to get off welfare, they want to go back to work, they want to do right
by their kids. I once had a hearing when I was a governor, and I
brought in people on welfare from all over America who had found their
way to work. And the woman from my state who testified was asked this
question. What is the best thing about being off welfare and in a job?
And without blinking an eye, she looked at 40 governors and she said,
``When my boy goes to school and they say what does your mother do for
a living, he can give an answer.''
These people want a better system, and we ought to give it to them.
Last year, we began this. We gave the states more power to innovate,
because we know that a lot of great ideas come from outside Washington.
And many states are using it.
Then this Congress took a dramatic step. Instead of taxing people
with modest incomes into poverty, we helped them to work their way out
of poverty, by dramatically increasing the earned income tax credit. It
will lift 15 million working families out of poverty, rewarding work
over welfare, making it possible for people to be successful workers
and successful parents. Now, that is real welfare reform.
But there is more to be done. This spring, I will send you a
comprehensive welfare reform bill that builds on the Family Support Act
of 1988 and restores the basic values of work and responsibility.
We will say to teenagers, if you have a child out of wedlock, we will
no longer give you a check to set up a separate household. We want
families to stay together.
We will say to absent parents who aren't paying child support, if you
are not providing for your children, we will garnish your wages, we
will suspend your license, we will track you across state lines, and,
if necessary, we will make some of you work off what you owe. People
who bring children into this world cannot and must not just walk away
from them.
But to all those who depend on welfare, we should offer ultimately a
simple compact. We will provide the support, the job training, the
child care you need for up to two years. But after that, anyone who can
work must, in the private sector wherever possible, in community
service, if necessary. That is the only way we will make welfare what
it ought to be, a second chance, not a way of life.
Now, I know it will be difficult to tackle welfare reform in 1994 at
the same time we tackle health care. But, let me point out, I think it
is inevitable and imperative. It is estimated that one million people
are on welfare today because it is the only way they can get health
care coverage for their children. Those who choose to leave welfare for
jobs without health benefits, and many entry level jobs don't have
health benefits, find themselves in the incredible position of paying
taxes that help to pay for health care coverage for those who made the
other choice to stay on welfare. No wonder people leave work and go
back to welfare, to get health care coverage. We have got to solve the
health care problem to have real welfare reform.
So this year we will make history by reforming the health care
system. And I would say to you, all of you, my fellow public servants,
this is another issue where the people are way ahead of the
politicians.
That may not be popular with either party, but it happens to be the
truth.
You know, the First Lady has received now almost a million letters
from people all across America, from all walks of life. I would like to
share just one of them with you.
[[Page 13]]
Richard Anderson of Reno, Nevada, lost his job, and, with it, his
health insurance. Two weeks later, his wife Judy suffered a cerebral
aneurysm. He rushed her to the hospital, where she stayed in intensive
care for twenty-one days. The Anderson's bills were over $120,000.
Although Judy recovered and Richard went back to work, at eight dollars
an hour, the billings were too much for them, and they were literally
forced into bankruptcy.
``Mrs. Clinton,'' he wrote to Hillary, ``no one in the United States
of America should have to lose everything they have worked for all
their lives because they were unfortunate enough to become ill.'' It
was to help the Richard and Judy Andersons of America that the First
Lady and so many others have worked so hard and so long on this health
care reform issue. We owe them our thanks and our action.
I know there are people here who say there is no health care crisis.
Tell it to Richard and Judy Anderson. Tell it to the 58 million
Americans who have no coverage at all for some time each year. Tell it
to the 81 million Americans with those preexisting conditions, those
folks who are paying more or they can't get insurance at all, or they
can't ever change their jobs because they or someone in their family
has one of those preexisting conditions.
If you tell it to the small businesses burdened by skyrocketing costs
of insurance, most small businesses cover their employees and they pay
on average 35 percent more in premiums than big businesses or
government. Or tell it to the 76 percent of insured Americans, three
out of four, whose policies have lifetime limits, and that means they
can find themselves without any coverage at all, just when they need it
the most.
So if any of you believe there is no crisis, you tell it to those
people. Because I can't.
There are some people who literally do not understand the impact of
this problem on people's lives. But all you have to do is go out and
listen to them. Just go talk to them, anywhere, in any Congressional
district in this country. There are Republicans and Democrats and
Independents. It doesn't have a lick to do with party. They think we
don't get it. And it is time we show them that we do get it.
From the day we began, our health care initiative has been designed
to strengthen what is good about our health care system, the world's
best care professionals, cutting edge research, and wonderful research
institutes, Medicare for older Americans. None of this, none of it,
should be put at risk. But we are paying more and more money for less
and less care. Every year fewer and fewer Americans even get to choose
their doctors. Every year doctors and nurses spend more time on
paperwork and less time with patients, because of the absolute
bureaucratic nightmare the present system has become. This system is
riddled with inefficiency, with abuse, with fraud, and everybody knows
it. In today's health care system, insurance companies call the shots.
They pick whom they cover and how they cover them. They can cut off
your benefits when you need your coverage the most. They are in charge.
What does it mean? It means every night millions of well-insured
Americans go to bed, just an illness, an accident, or a pink slip away
from having no coverage or financial ruin. It means every morning
millions of Americans go to work without health insurance at all,
something the workers in no other advanced country in the world do. It
means that every year more and more hard working people are told to
pick a new doctor because their boss has had to pick a new plan, and
countless others turn down better jobs because they know if they take
the better job, they will lose their health insurance.
If we just let the health care system continue to drift, our country
will have people with less care, fewer choices, and higher bills. Now,
our approach protects the quality of care and people's choices. It
builds on what works today in the private sector, to expand the
employer-based coverage, to, guarantee private insurance for every
American. And, I might say, employer-based private insurance for every
American was proposed twenty years ago by President Richard Nixon to
the United States Congress. It was a good idea then, and it is a better
idea today.
Why do we want guaranteed private insurance? Because right now, nine
out of ten people who have insurance get it through employers, and that
should continue. And if your employer is providing good benefits at
reasonable prices,that should continue, too. That ought to make the
Congress and the President feel better.
Our goal is health insurance everybody can depend on, comprehensive
benefits that cover preventive care and prescription drugs. Health
premiums that don't just explode when you get sick or you get older.
The power, no matter how small your business is, to choose dependable
insurance at the same competitive rates governments and big business
get today. One simple form for people who are sick. And, most of all,
the freedom to choose a plan and the right to choose your own doctor.
Our approach protects older Americans. Every plan before the Congress
proposes to slow the growth of Medicare. The difference is this: We
believe those savings should be used to improve health care for senior
citizens. Medicare must be protected and it should cover prescription
drugs, and we should take the first steps in covering long-term care.
To those who would cut Medicare without protecting seniors, I say the
solution to today's squeeze on middle class working people's health
care is not to put the squeeze on middle class retired people's health
care. We can do better than that. When it is all said and done, it is
pretty simple to me: Insurance ought mean what it used to mean. You pay
a fair price for security, and when you get sick, health care is always
there. No matter what.
Along with the guarantee of health security, we all have to admit,
too, there must be more responsibility on the part of all of us in how
we use this system. People have to take their kids to get immunized. We
all should take advantage of preventive care. We must all work together
to stop the violence that explodes our emergency rooms. We have to
practice better health habits, and we can't abuse the system. And those
who don't have insurance under our approach, will get coverage, but
they will have to pay something for it too. The minority businesses
that provide no insurance at all, and, in so doing, shift the costs of
the care to their employees to others, should contribute something.
People who smoke should pay more for a pack of cigarettes. Everybody
can contribute something if we wanted to solve the health care crisis.
There can't be anymore something for nothing. It will not be easy, but
it can be done.
In the coming months, I hope very much to work with both Democrats
and Republicans, to reform our health care system by using the market
to bring down costs, and to achieve lasting health security.
If you look at history, we see that for sixty years this country has
tried to reform health care. President Roosevelt tried, President
Truman tried, President Nixon tried, President Carter tried. Every
time, the special interests were powerful enough to defeat them. But
not this time.
I know that facing up to these interests will require courage. It
will raise critical questions about the way we finance our campaigns
and how lobbyists wield their influence. The work of change, frankly,
will never get any easier until we limit the influence of well financed
interests who profit from this current system. So I also must now call
on you to finish the job both houses began last year, by passing tough
and meaningful campaign finance reform and lobbying reform legislation
this year.
You know, my fellow Americans, this is really a test for all of us.
The American people provide those of us in government service with
terrific health care benefits at reasonable cost.We have health care
that is always there.
I think we we need to give every hard working tax paying American the
same health care security they have already given to us.
I want to make this very clear. I am open, as I have said repeatedly,
to the best ideas of concerned members of both parties. I have no
special belief for any specific approach, even in our own bill, except
this: If you send me legislation that does not guarantee every American
private health insurance that can never be taken away, you will force
me to take this pen, veto the legislation, and we will come right back
here and start all over again.
[[Page 14]]
But I don't think that is going to happen. I think we are ready to
act now. I believe that you are ready to act now. And if you are ready
to guarantee every American the same health care that you have, health
care that can never be taken away, now, not next year, or the year
after, now is the time to stand with the people who sent us here. Now.
As we take these steps together to renew our strength at home, we
cannot turn away from our obligation to renew our leadership abroad.
This is a promising moment. Because of the agreements we have reached
this year, last year, Russia's strategic nuclear missiles soon will no
longer be pointed at the United States, nor will we point ours at them.
Instead of building weapons in space, Russian scientists will help us
build the international space station.
Of course, there are still dangers in the world. Rampant arms
proliferation, bitter regional conflicts, ethnic and nationalist
tensions, in many new democracies, severe environmental degradation the
world over, and fanatics who seek to cripple the world's cities with
terror.
As the world's greatest power, we must therefore maintain our
defenses and our responsibilities. This year, we secured indictments
against terrorists and sanctions against those who harbor them. We
worked to promote environmentally sustainable economic growth. We
achieved agreements with Ukraine, with Belarus, and Kazakhstan to
eliminate completely their nuclear arsenals. We are working to achieve
a Korean peninsula free of nuclear weapons. We will seek early
ratification of a treaty to ban chemical weapons worldwide. And earlier
today we joined with over 30 nations to begin negotiations on a
comprehensive ban to stop all nuclear testing.
But nothing, nothing is more important to our security, than our
nation's Armed Forces. We honor their contributions, including those
who are carrying out the longest humanitarian airlift in history in
Bosnia, those who will complete their mission in Somalia this year, and
their brave comrades who gave their lives there.
Our forces are the finest military our nation has ever had, and I
have pledged that as long as I am President, they will remain the best
equipped, the best trained, and the best prepared fighting force on the
face of the earth.
Last year, I proposed a defense plan that maintains our post Cold War
security at a lower cost. This year, many people urged me to cut our
defense spending further to pay for other government programs. I said
no. The budget I send to Congress draws the line against further
defense cuts. It protects the readiness and quality of our forces.
Ultimately, the best strategy is to do that. We must not cut defense
further. I hope the Congress, without regard to party, will support
that position.
Ultimately, the best strategy to ensure our security and to build a
durable piece is to support the advance of democracy elsewhere.
Democracies do not attack each other. They make better trading
partners, and partners in diplomacy. That is why we have supported, you
and I, the democratic reformers in Russia, and in the other states of
the former Soviet bloc. I applaud the bipartisan support this Congress
provided last year for our initiatives to help Russia, Ukraine, and
other states through the epic transformations.
Our support of reform must combine patience for the enormity of the
task, and vigilance for our fundamental interests and values. We will
continue to urge Russia and the other states to press ahead with
economic reforms, and we will seek to cooperate with Russia to solve
regional problems, while insisting that if Russian troops operate in
neighboring states, they do so only when those states agree to their
presence and in strict accord with international standards. But we must
also remember as these nations chart their own futures, and they must
chart their own futures, how much more secure and more prosperous our
own people will be if democratic and market reforms succeed all across
the former Communist bloc. Our policy has been to support that move,
and that has been the policy of the Congress. We should continue it.
That is why I went to Europe earlier this month, to work with our
European partners, to help to integrate all of the former Communist
countries into a Europe that has the possibility of becoming unified
for the first time in its entire history. Its entire history. Based on
the simple commitments of all nations in Europe to democracy, to free
markets, and to respect for existing borders. With our allies we
created have a partnership for peace that invites states from the
former Soviet bloc and other non-NATO members to work with NATO in
military cooperation. When I met with central Europe's leaders,
including Lech Walesa and Vaclav Havel, men who put their lives on the
line for freedom, I told them that the security of their region is
important to our country's security. This year we must also do more to
support democratic renewal in human rights and sustainable development
all around the world.
We will ask Congress to ratify the new GATT accord. We will continue
standing by South Africa as it works its way through its bold and
hopeful and difficult transition to democracy. We will convene a summit
of the western hemisphere's democratic leaders, from Canada to the tip
of South America, and we will continue to press for the restoration of
true democracy in Haiti. And, as we build a more constructive
relationship with China, we must continue to insist on clear signs of
improvement in that nation's human rights record.
We will also work for new progress toward the Middle East peace. Last
year the world watched Yitzakh Rabin and Yassir Arafat at the White
House when they had their historic handshake of reconciliation. But
there is a long, hard road ahead, and on that road I am determined that
I and our administration will do all we can to achieve a comprehensive
and lasting peace for all of the peoples of the region.
Now, there are some in our country who argue that with the Cold War
over, America should turn its back on the rest of the world. Many
around the world were afraid we would do just that. But I took this
office on a pledge that had no partisan tinge to keep our Nation secure
by remaining engaged in the rest of the world, and this year, because
of our work together enacting NAFTA, keeping our military strong and
prepared, supporting democracy abroad, we have reaffirmed America's
leadership, America's engagement, and as a result, the American people
are more secure than they were before.
But while Americans are more secure from threats abroad, I think we
all know that in many ways we are less secure from threats here at
home. Every day the national peace is shattered by crime. In Petaluma,
California, an innocent slumber party gives way to agonizing tragedy
for the family of Polly Klass. An ordinary train ride on Long Island
ends in a hale of 9 millimeter rounds. A tourist in Florida is nearly
burned alive by bigots simply because he is black. Right here in our
Nation's Capital, a brave young man named Jason White--a policeman, the
son and grandson of policemen--is ruthlessly gunned down.
Violent crime and the fear it provokes are crippling our society,
limiting personal freedom, and fraying the ties that bind us. The crime
bill before Congress gives you a chance to do something about it, a
chance to be tough and smart.
What does that mean? Let me begin by saying I care a lot about this
issue. Many years ago when I started out in public life I was the
Attorney General of my State. As a governor for a dozen years, I know
what it is like to sign laws increasing penalties to build more prison
cells to carry out the death penalty. I understand this issue, and it
is not a simple thing.
First, we must recognize that most violent crimes are committed by a
small percentage of criminals who too often break the laws even when
they are on parole. Now those who commit crimes should be punished, and
those who commit repeated violent crimes should be told when you commit
a third violent crime you will be put away and put away for good; three
strikes and you are out.
Second, we must take steps to reduce violence and prevent crime
beginning with more police officers and more community policemen. We
know right now that police who work the streets, know the folks, have
the respect of the neighborhood kids, focus on high crime areas, we
know that they are more
[[Page 15]]
likely to prevent crime as well as catch criminals.
Look at the experience of Houston where the crime rate dropped 17
percent in one year when that approach was taken.
Here tonight is one of those policemen, a brave young detective,
Kevin Jett, whose beat is eight square blocks in one of the toughest
neighborhoods in New York. Every day he restores some sanity and safety
and a sense of values and connection to the people whose lives he
protects. I would like to ask him to stand up and be recognized
tonight.
You will be given a chance to give the children of this country, the
law-abiding working people of this country--and do not forget in the
toughest neighborhoods in this country, in the highest crime
neighborhoods in this country, the vast majority of the people get up
every day and obey the law, pay their taxes, do their best to raise
their kids. They deserve people like Kevin Jett. And you are going to
be given a chance to give the American people another 100,000 of them,
well trained, and I urge you to do it.
You have before you crime legislation which also establishes a police
court to encourage young people to get an education, pay it off by
serving as police officers, which encourages retiring military
personnel to move into police forces, an enormous resource for our
country, one which has a safe schools provision which will give our
young people to change to walk to school in safety and to be in school
in safety instead of dodging bullets. These are important things.
The third thing we have to do is to build on the Brady bill, the
Brady law, to take further steps to keep guns out of the hands of
criminals. I want to say something about this issue. Hunters must
always be free to hunt, law-abiding adults should always be free to own
guns and to protect their homes. I respect that part of our culture. I
grew up in it. But I want to ask the sportsmen and others who lawfully
own guns to join us in this campaign to reduce gun violence. I say to
you I know you did not create this problem, but we need your help to
solve it. There is no sporting purpose on earth that should stop the
United States Congress from banishing assault weapons that outgun our
police and cut down our children.
Fourth, we must remember that drugs are a factor in an enormous
percentage of crimes. Recent studies indicate sadly that drug use is on
the rise again among our young people. The crime bill contains, all of
the crime bills contain more money for drug treatment for criminal
addicts and boot camps for youthful offenders that include incentives
to get off drugs and to stay off drugs. Our administration's budget
with all its cuts contains a large increase infunding for drug
treatment and drug education. You must pass them both. We need them
desperately.
My fellow Americans, the problem of violence is an American problem.
It has no partisan or philosophical element. Therefore, I urge you to
find ways as quickly as possible to set aside partisan differences and
pass a strong, smart, tough crime bill.
But further, I urge you to consider this: As you demand tougher
penalties for those who choose violence, let us also remember how we
came to this sad point. In our toughest neighborhoods, on our meanest
streets, in our poorest rural areas, we have seen a stunning and
simultaneous breakdown of community, family, and work, the heart and
soul of civilized society. This has created a vast vacuum which has
been filled by violence, and drugs, and gangs.
So I ask you to remember that even as we say no to crime, we must
give people, especially our young people, something to say yes to. Many
of our initiatives, from job training to welfare reform, to health
care, to national service, will help to rebuild distressed communities,
to strengthen families, to provide work. But more needs to be done.
That is what our community empowerment agenda is all about, challenging
businesses to provide more investment through empowerment zones,
ensuring banks will make loans in the same communities their deposits
come from, passing legislation to unleash the power of capital through
community development banks to create jobs, opportunity and hope where
they are needed most. But, I think you know that to really solve this
problem we will all have to put our heads together, leave our
ideological armor aside, and find some new ideas to do even more.
And let us be honest. We all know something else too. Our problems go
way beyond the reach of government. They are rooted in the loss of
values, in the disappearance of work, and the breakdown of our families
and communities. My fellow Americans, we can cut the deficit, create
jobs, promote democracy around the world, pass welfare reform and
health care, pass the toughest crime bill in history, and still leave
too many of our people behind. The American people have got to change
from within if we are going to bring back work and family and
community.
We cannot renew our country when within a decade more than half of
our children will be born into families where there has been no
marriage. We cannot renew this country when 13-year-old boys get
semiautomatic weapons to shoot 9-year-olds for kicks. We cannot renew
our country when children are having children and the fathers walk away
as if the kids do not amount to anything.
We cannot renew the country when our businesses eagerly look for new
investments and new customers abroad, but ignore those people right
here at home who would give anything to have their jobs, and would
gladly buy their products if they had the money to do it.
We cannot renew our country unless more of us, I mean all of us are
willing to join the churches and other good citizens, people like all
of the ministers I have worked with over the years, or the priests and
the nuns I met at Our Lady of Health in East Los Angeles, or my good
friend, Tony Campollo in Philadelphia, unless we are willing to work
with people like that, people who are saving kids, adopting schools,
making streets safer, all of us can do that. We cannot renew our
country until we realize that governments do not raise children,
parents do, parents who know their children's teachers, and turn off
the television and help with the homework, and teach their kids right
from wrong. Those kinds of parents can make all of the difference. I
know. I had one.
I am telling you, we have got to stop pointing our fingers at these
kids who have no future and reach our hands out to them. Our country
needs it. We need it. And they deserve it.
And so I say to you tonight, let us give our children a future. Let
us take away their guns and give them books. Let us overcome their
despair and replace it with hope. Let us by our example teach them to
obey the law, respect our neighbors, and cherish our values.
Let us weave these 30 threads into a new American community that can
once more stand strong against the forces of despair and evil because
everybody has a chance to walk into a better tomorrow.
Oh, there will be naysayers who fear that we will not be equal to the
challenges of this time. But they misread our history, our heritage,
even today's headlines. All of those things tell us we can and we will
overcome any challenge.
When the earth shook and fires raged in California, when I saw the
Mississippi deluge the farmlands of the Midwest in a 500-year flood,
when the century's bitterest cold swept from North Dakota to Newport
News, it seemed as though the world itself was coming apart at the
seams. But the American people came together, they rose to the
occasion, neighbor helping neighbor, strangers risking life and limb to
save total strangers, showing the better angels of our nature.
Let us not reserve these better angels only for natural disasters,
leaving our deepest problems and most profound problems to petty
political fighting.
Let us instead be true to our spirit--facing facts, coming together,
bringing hope and moving forward.
Tonight, my fellow Americans, we are summoned to answer a question as
old as the Republic itself: What is the state of our Union? It is
growing stronger, but it must be stronger still. With your help, and
God's help, it will be.
Thank you, and God bless America.
At 10 o'clock and 21 minutes p.m., the President of the United States
retired from the Hall of the House, followed by his Cabinet.
[[Page 16]]
The Chief Justice of the United States and Associate Justices of the
Supreme Court retired from the Hall of the House.
The ambassadors, ministers and charges d'affaires of foreign
governments retired from the Hall of the House.
The SPEAKER, at 10 o'clock and 23 minutes p.m., then declared the
joint session of the two Houses dissolved.
The Vice President and Members of the Senate retired from the Hall of
the House.
Para. 1.30 reference of the president's message
On motion of Mr. MOAKLEY, the message of the President, as delivered,
together with the accompanying documents, was referred to the Committee
of the Whole House on the state of the Union and ordered to be printed
(H. Doc. 103-177).
And then,
Para. 1.31 adjournment
On motion of Mr. MOAKLEY, pursuant to the provisions of House
Resolution 328 and the special order heretofore agreed to, at 10 o'clock
and 26 minutes p.m., the House adjourned out of respect for the late
Honorable Thomas P. ``Tip'' O'Neill, Jr., until 12 o'clock noon on
Wednesday, January 26, 1994.
Para. 1.32 report bill sequentially referred
Under clause 5 of rule X, bills and reports were delivered to the
Clerk for printing, and bills referred as follows:
H.R. 3221. The Committee of the Whole House on the State of
the Union discharged and referred to the Committee on the
Judiciary for a period ending not later than February 28,
1994, for consideration of such provisions of the bill and
amendment as fall within the jurisdiction of that committee
pursuant to clause 1(l), rule X.
Para. 1.33 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. ANDREWS of Texas:
H.R. 3721. A bill to provide grants to the Bureau of
Justice Assistance to expand the capacity of correctional
facilities in the States, increase programs for major
offenders and parolees, and for other purposes; jointly, to
the Committees on the Judiciary; Ways and Means; Foreign
Affairs; Public Works and Transportation; Armed Services;
Agriculture; Science, Space, and Technology; Government
Operations; Energy and Commerce; Natural Resources; House
Administration; Rules; Banking; Finance and Urban Affairs;
Veterans' Affairs; Education and Labor; and Post Office and
Civil Service.
By Mr. BARLOW (for himself and Mr. Baesler):
H.R. 3722. A bill to amend the Internal Revenue Code of
1986 to provide for the tax-free treatment of certain
education savings accounts, and for other purposes; to the
Committee on Ways and Means.
By Mr. BOEHLERT:
H.R. 3723. A bill to provide that the exception from the
limitation on the accumulation of annual leave which
currently applies to Federal employees affected by the
closure of a military installation be extended to those
affected by a realignment with respect to any such
installation as well; to the Committee on Post Office and
Civil Service.
By Mrs. KENNELLY:
H.R. 3724. A bill to designate the U.S. courthouse located
in Bridgeport, CT, as the ``Brien McMahon Federal Building'';
to the Committee on Public Works and Transportation.
By Mr. KING:
H.R. 3725. A bill to reduce the amounts appropriated to the
Department of Education to increase grants to State and local
educational agencies and to reduce the Federal budget
deficit; to the Committee on Education and Labor.
By Mr. KLUG (for himself, Mr. Petri, Mr. Barrett of
Wisconsin, Mr. Barca of Wisconsin, Mr. Roth, Mr.
Kleczka, and Mr. Gunderson):
H.R. 3726. A bill to require the Secretary of
Transportation to amend the existing regulations applicable
to charter flights to the Super Bowl to apply the
requirements of such regulations to charter flights to
intercollegiate football games designated as bowl games and
to the basketball games among the last four teams in the
National Collegiate Athletic Association's division I
championship basketball tournaments; to the Committee on
Public Works and Transportation.
By Mr. LAZIO (for himself, Mr. King, Mr. Levy, Mr.
Boehlert, Mr. Lewis of California, Mr. Petri, Mr.
Dornan, Mr. Bilbray, Mr. Zimmer, Mr. Walker, Mr.
McHugh, Mr. Armey, Mr. Gingrich, Mr. Canady, Mr.
Shaw, Ms. Dunn, Mr. Allard, Mr. DeLay, Mr. Horn, Mrs.
Fowler, Mr. Duncan, and Mr. Gekas):
H.R. 3727. A bill to require the Secretary of Health and
Human Services to conduct a study of, and report to the
Congress on, the feasibility of using biometric devices to
verify the identity of persons applying for or receiving aid
to families with dependent children in order to reduce fraud
in the welfare program; to the Committee on Ways and Means.
By Ms. NORTON (for herself, Mr. Dellums, Mr. Jefferson,
Mr. Lewis of Georgia, and Mr. McDermott):
H.R. 3728. A bill to eliminate the unfunded liability of
the teachers', firefighters', police officers', and judges'
pension funds of the District of Columbia by increasing and
extending the contributions of the Federal Government to such
funds, increasing employee contributions to such funds, and
establishing a single annual cost-of-living adjustment for
annuities paid from such funds, and for other purposes; to
the Committee on the District of Columbia.
By Mrs. ROUKEMA:
H.R. 3729. A bill to eliminate automatic pay adjustments
for Members of Congress; jointly, to the Committees on Post
Office and Civil Service and House Administration.
By Mr. SAWYER:
H.R. 3730. A bill to establish a professional development
program; to the Committee on Education and Labor.
By Ms. BROWN of Florida:
H.R. 3731. A bill to amend title 10, United States Code, to
repeal the requirement that amounts paid to a member of the
Armed Forces under the Special Separation Benefits Program of
the Department of Defense be offset from amounts subsequently
paid to that member by the Department of Veterans Affairs as
disability compensation; to the Committee on Armed Services.
By Mr. LaROCCO:
H.R. 3732. A bill to designate certain lands in the State
of Idaho as wilderness, and for other purposes; jointly, to
the Committees on Natural Resources and Agriculture.
By Mr. LEVY (for himself, Mr. Quinn, Mr. King, Mr.
Lazio, Mr. Machtley, Mr. Bilirakis, Mr. Solomon, Mr.
McCollum, Mr. Gilman, Ms. Kaptur, and Mr.
Torkildsen):
H.R. 3733. A bill to amend title 18, United States Code, to
prohibit the interstate transportation of a firearm with the
intent to commit a violent crime, and to impose the death
penalty for a violation that results in death; to the
Committee on the Judiciary.
By Mr. HUGHES (for himself and Mr. Regula):
H.J. Res. 304. Joint resolution designating May 1994 as
``Older Americans Month''; to the Committee on Post Office
and Civil Service.
By Mr. FRANK of Massachusetts:
H.J. Res. 305. Joint resolution designating April 28, 1994,
as ``Exercise Tiger Day''; to the Committee on Post Office
and Civil Service.
By Mr. ROTH:
H.J. Res. 306. Joint resolution to designate the month of
May 1994 as ``National Foster Care Month''; to the Committee
on Post Office and Civil Service.
By Mr. GEPHARDT:
H. Con. Res. 197. Concurrent resolution providing for a
joint session of Congress to receive a message from the
President on the State of the Union; considered and agreed
to.
H. Con Res. 198. Concurrent resolution providing for an
adjournment of the House from Wednesday, January 26, 1994, to
Tuesday, February 1, 1994; considered and agreed to.
By Mr. TALENT:
H. Con. Res. 199. Concurrent resolution expressing the
sense of the Congress that a postage stamp should be issued
to honor the 100th anniversary of the Jewish War Veterans of
the United States of America; to the Committee on Post Office
and Civil Service.
By Mr. GEPHARDT:
H. Res. 325. Resolution providing for a committee to notify
the President of the assembly of the Congress; considered and
agreed to.
By Mr. WHITTEN:
H. Res. 326. Resolution to inform the Senate that a quorum
of the House has assembled; considered and agreed to.
By Mr. MOAKLEY:
H. Res. 327. Resolution providing for the hour of meeting
of the House; considered and agreed to.
H. Res. 328. Resolution expressing the condolences of the
House on the death of Representative Thomas P. ``Tip''
O'Neill, Jr.; considered and agreed to.
By Mr. ROSE:
H. Res. 329. Resolution designating 1994 as a year to honor
the memory and leadership qualities of the Honorable Thomas
P. ``Tip'' O'Neill, Jr., the late Speaker of the House of
Representatives; to the Committee on House Administration.
By Mr. CASTLE (for himself and Mr. Emerson):
H. Res. 330. Resolution to establish a special ad hoc
committee to review the current welfare system and to report
comprehensive welfare reform legislation; to the Committee on
Rules.
By Mr. STENHOLM (for himself, Mr. Smith of Oregon, Mr.
Payne of Virginia, Ms. Snowe, Mr. Kennedy, Mr.
Inhofe, Mr. Barton of Texas, and Mr. Kyl):
H. Res. 331. Resolution providing for the consideration of
the Joint Resolution (H.J. Res. 103) proposing an amendment
to the Constitution to provide for a balanced budget for the
U.S. Government and for greater accountability in the
enactment of tax legislation; to the Committee on Rules.
[[Page 17]]
Para. 1.34 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
271. By the SPEAKER: A memorial of the General Assembly of
the State of California, relative to pest containment and
quarantine facilities; to the Committee on Agriculture.
272. Also, memorial of the General Assembly of the State of
California, relative to the National Training Center; to the
Committee on Armed Services.
273. Also, memorial of the General Assembly of the State of
California, relative to Norton Air Force Base; to the
Committee on Armed Services.
274. Also, memorial of the House of Representatives of the
Commonwealth of Pennsylvania, relative to memorializing the
President and Congress to maintain or increase funding for
the Low-Income Home Energy Assistance Program; to the
Committee on Energy and Commerce.
275. Also, memorial of the General Assembly of the State of
California, relative to unfunded Federal mandates; to the
Committee on Government Operations.
276. Also, memorial of the Legislature of the State of
Nebraska, relative to Federal mandates; to the Committee on
Government Operations.
277. Also, memorial of the General Assembly of the State of
Indiana, relative to memorializing Thomas P. O'Neill Jr.,
former Speaker of the House of Representatives; to the
Committee on House Administration.
278. Also, memorial of the General Assembly of the State of
California, relative to the Juaneno Band of Mission Indians,
Acjachemen Nation; to the Committee on Natural Resources.
279. Also, memorial of the General Assembly of the State of
California, relative to the Equal Rights Amendment; to the
Committee on the Judiciary.
280. Also, memorial of the House of Representatives of the
Commonwealth of Massachusetts, relative to desecration of the
flag of the United States; to the Committee on the Judiciary.
281. Also, memorial of the General Assembly of the State of
California, relative to solid waste; to the Committee on Ways
and Means.
282. Also, memorial of the General Assembly of the State of
California, relative to water quality; jointly, to the
Committees on Energy and Commerce and Public Works and
Transportation.
Para. 1.35 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 27: Mr. Mazzoli.
H.R. 65: Mr. Frank of Massachusetts, Mr. Tejeda, Mr.
Dornan, and Mr. Owens.
H.R. 68: Mr. Hall of Texas.
H.R. 123: Mr. Gilchrest and Mr. Upton.
H.R. 124: Mr. Nadler.
H.R. 133: Mr. Johnson of South Dakota, Mr. Gejdenson, Mr.
Brown of Ohio, Mr. Kingston, Mr. Bartlett of Maryland, and
Mr. Kreidler.
H.R. 163: Mr. Kingston.
H.R. 166: Mr. Pombo.
H.R. 214: Mr. Kreidler.
H.R. 216: Mr. McInnis.
H.R. 291: Mr. Vento, Mr. Boehlert, Mr. Bilirakis, Mr.
Scott, and Mr. Duncan.
H.R. 301: Mr. Paxon and Mr. Crapo.
H.R. 302: Mr. Neal of Massachusetts, Mr. Rose, Mr. Coble,
Mr. Barcia of Michigan, Mr. Bilirakis, Mr. Diaz-Balart, Mr.
Bacchus of Florida, Mr. Kreidler, and Mr. Bonior.
H.R. 303: Mr. Lancaster.
H.R. 304: Ms. Byrne.
H.R. 345: Mrs. Maloney.
H.R. 350: Mr. Farr, Ms. Margolies-Mezvinsky, and Mr. Watt.
H.R. 408: Ms. Ros-Lehtinen and Ms. Brown of Florida.
H.R. 411: Mr. Bachus of Alabama.
H.R. 441: Mr. Walsh.
H.R. 465: Mr. Brown of Ohio and Mrs. Maloney.
H.R. 467: Ms. Waters, Mr. Miller of California, Mr. Frost,
Mr. Stokes, Mr. Andrews of New Jersey, Mr. Conyers, Mrs.
Meyers of Kansas, Mr. Moran, Mr. Owens, and Mr. Boucher.
H.R. 476: Mr. Sanders and Mr. Williams.
H.R. 508: Mr. Kim.
H.R. 562: Mrs. Vucanovich.
H.R. 563: Mr. Engel and Mrs. Vucanovich.
H.R. 633: Mr. Sangmeister.
H.R. 643: Mrs. Maloney, Ms. Margolies-Mezvinsky, and Mr.
Wheat.
H.R. 649: Mr. Lewis of Georgia.
H.R. 656: Mr. Foglietta.
H.R. 688: Mr. Calvert.
H.R. 702: Mr. Archer, Mr. Crapo, Mr. Kanjorski, and Mr.
Bachus of Alabama.
H.R. 703: Mr. Grandy.
H.R. 723: Mr. Taylor of North Carolina.
H.R. 739: Mr. Johnson of South Dakota, Mr. Paxon, and Mr.
Bachus of Alabama.
H.R. 743: Mrs. Maloney and Mr. Hoyer.
H.R. 746: Mr. Synar, Mr. McCollum, Mr. Shays, Mr. Dellums,
Mr. Smith of New Jersey, and Mr. Sarpalius.
H.R. 769: Mr. Manton and Mr. Filner.
H.R. 784: Mr. Camp and Mr. Gilman.
H.R. 790: Mr. Wheat.
H.R. 814: Mr. Pallone, Mr. Brown of Ohio, and Ms.
Margolies-Mezvinsky.
H.R. 818: Mr. Watt and Mr. Sanders.
H.R. 857: Mr. Bartlett of Maryland and Mr. Hoyer.
H.R. 867: Mr. Stump.
H.R. 883: Mr. Herger.
H.R. 911: Mr. Engel, Mr. Castle, Mr. Filner, and Mr.
Kleczka.
H.R. 961: Mr. Kreidler, Ms. Margolies-Mezvinsky, Mr. Walsh,
and Mr. Wheat.
H.R. 972: Mr. Filner.
H.R. 979: Mr. Lewis of Florida and Mr. Camp.
H.R. 999: Mr. Walsh, Mr. Brown of Ohio, Mr. Paxon, Mr.
Hoyer, and Mr. Wheat.
H.R. 1009: Mr. Lazio.
H.R. 1043: Mr. Hoyer.
H.R. 1047: Mr. Smith of New Jersey and Mr. Olver.
H.R. 1055: Ms. Slaughter, Mr. Faleomavaega, Mr. Miller of
Florida, Mr. Kopetski, Mr. Shays, Mr. Conyers, Mr. Quinn, Mr.
Machtley, Mr. Hoekstra, Mr. Burton of Indiana, Mr. Bachus of
Alabama, Mr. Williams, Mr. Blute, Mr. LaFalce, Mr. Upton,
Mrs. Thurman, and Mr. Filner.
H.R. 1080: Mr. McInnis.
H.R. 1103: Mr. Stupak.
H.R. 1146: Mrs. Maloney, Mr. Lazio, Mr. Bartlett of
Maryland, and Mr. McInnis.
H.R. 1149: Mr. Deutsch.
H.R. 1151: Mr. Deutsch, Mr. Natcher, Mr. Johnston of
Florida, Mr. Filner, and Mr. Leach.
H.R. 1155: Mr. Filner.
H.R. 1164: Ms. Slaughter, Ms. DeLauro, Mr. Fazio, Mr.
Miller of California, and Ms. Woolsey.
H.R. 1168: Mr. Gingrich, Mr. Dornan, Mr. Paxon, Mr.
Fingerhut, Mr. Lazio, Mr. Crane, Mr. Andrews of Texas, Mr.
Bartlett of Maryland, Mr. Kleczka, Mr. McInnis, and Mr.
Gillmor.
H.R. 1191: Mrs. Roukema.
H.R. 1216: Mr. Franks of New Jersey.
H.R. 1217: Mr. Frost and Mrs. Roukema.
H.R. 1289: Mr. Jacobs and Mr. Fazio.
H.R. 1293: Mr. McInnis.
H.R. 1295: Mr. Levin and Mr. Fingerhut.
H.R. 1314: Mr. Goodlatte.
H.R. 1349: Mr. Olver, Mr. Bachus of Alabama, Mr. Bliley,
Mr. Johnston of Florida, Mr. Wolf, and Mr. Glickman.
H.R. 1354: Mr. Engel.
H.R. 1397: Mr. DeFazio, Mr. Rahall, Mr. Serrano, Mr. Brown
of Ohio, Mr. Frank of Massachusetts, Mr. Stokes, Mr. Bonior,
Mr. Waxman, Mr. Visclosky, Mr. Hinchey, Mr. Engel, and Mr.
Miller of California.
H.R. 1421: Mr. Engel.
H.R. 1431: Mr. Filner.
H.R. 1455: Mr. de Lugo, Mr. Moran, Mr. Manton, Mr. Dellums,
and Mrs. Kennelly.
H.R. 1534: Mr. Nadler.
H.R. 1552: Mr. Bartlett of Maryland, Mr. Kreidler, Mr.
Upton, Mr. McInnis, and Mr. Lazio.
H.R. 1595: Mr. Smith of Michigan.
H.R. 1604: Mr. Lazio and Mr. Wheat.
H.R. 1605: Mr. Lazio.
H.R. 1620: Mr. Paxon and Mr. Kingston.
H.R. 1671: Mr. Murphy, Mr. Castle, Mr. Valentine, Mr.
McHale, Ms. McKinney, and Mrs. Clayton.
H.R. 1683: Mr. Jacobs.
H.R. 1709: Mrs. Clayton, Mr. Derrick, Mr. Moorhead, Mr. Sam
Johnson, Mr. Pombo, Mr. Rohrabacher, Mr. Kim, Mr. Pete Geren
of Texas, Mr. LaFalce, Mr. Huffington, Mr. Glickman, Mr.
Klein, Mr. Holden, and Mr. Clyburn.
H.R. 1797: Ms. Furse.
H.R. 1799: Ms. Furse.
H.R. 1897: Mr. Natcher and Mr. Filner.
H.R. 1931: Mr. Peterson of Florida.
H.R. 1968: Mr. Miller of California, Mr. Cooper, and Mrs.
Morella.
H.R. 1983: Mr. Engel.
H.R. 2019: Mr. Kreidler.
H.R. 2032: Mr. Sanders.
H.R. 2050: Mr. Wheat.
H.R. 2059: Mr. Goodlatte.
H.R. 2076: Ms. Margolies-Mezvinsky.
H.R. 2095: Mr. Ewing.
H.R. 2130: Mr. Oberstar.
H.R. 2135: Mr. Fingerhut, Mr. Cramer, Mr. Sisisky, Mr.
Bonior, Mr. Meehan, Mr. Diaz-Balart, Mrs. Morella, Mr.
Packard, Mr. Kolbe, Mr. Kopetski, and Mr. Sanders.
H.R. 2145: Mr. Romero-Barcelo, Mr. Cramer, Mr. Jacobs, and
Ms. Pelosi.
H.R. 2153: Mr. Frank of Massachusetts, Mr. Bilbray, Mr.
Coppersmith, and Mr. Nadler.
H.R. 2159: Mrs. Maloney.
H.R. 2175: Mr. Frost and Mr. Payne of Virginia.
H.R. 2227: Ms. Kaptur, Mr. Talent, Ms. McKinney, Mr.
Emerson, Mr. Johnson of South Dakota, Mr. Lightfoot, and Mr.
Nadler.
H.R. 2241: Mr. Minge.
H.R. 2292: Mr. Johnston of Florida, Ms. English of Arizona,
Mr. Vento, Mr. Gallegly, Mr. Miller of Florida, Mr.
McDermott, Mr. Kreidler, and Mr. Johnson of South Dakota.
H.R. 2326: Mr. LaFalce, Mr. Skeen, Mr. Leach, Mr. Kingston,
Mr. Blute, Mr. Parker, Mr. Inglis of South Carolina, Mr.
Moorhead, Mr. Canady, Mr. Ackerman, and Mr. Quinn.
H.R. 2338: Mr. Schumer.
H.R. 2346: Mr. Engel.
H.R. 2418: Mrs. Maloney, Mr. Upton, Mr. Hefner, Mr. Smith
of Michigan, and Mr. Conyers.
H.R. 2420: Mr. Torres.
H.R. 2434: Mr. Taylor of North Carolina.
H.R. 2475: Ms. Shepherd, and Ms. Pelosi.
H.R. 2484: Mr. Engel, Mr. Johnston of Florida, Ms. Furse,
Mr. Miller of California, Mrs. Morella, and Mr. Sanders.
H.R. 2488: Mr. Wheat.
H.R. 2525: Mr. Coble.
H.R. 2557: Mr. Stump.
H.R. 2599: Ms. Pryce of Ohio, Ms. Furse, Mr. Pallone, Mr.
Barca of Wisconsin, Mr. Gilman, Mrs. Lloyd, Mr. DeFazio, Mr.
Farr, Mr. Evans, and Mr. Sanders.
[[Page 18]]
H.R. 2623: Mr. de Lugo, Mr. Lewis of Georgia, Mr. Browder,
Mr. Bacchus of Florida, Mr. Wilson, Mr. Hutchinson, Mr.
Bryant, Mr. Zeliff, Mr. Jacobs, Mr. Swett, Mr. Richardson,
Mr. Price of North Carolina, and Mr. Gilman.
H.R. 2638: Mr. Farr, Mr. Olver, Mr. Sangmeister, and Mr.
Brown of Ohio.
H.R. 2641: Mrs. Maloney, Mr. Price of North Carolina, Mr.
Kleczka, Mr. Obey, Mr. McNulty, Mr. Torres, Mr. Roemer, Mr.
Mollohan, Mr. Peterson of Minnesota, and Mr. Hochbrueckner.
H.R. 2662: Ms. Brown of Florida and Mr. Fazio.
H.R. 2663: Mr. Hinchey, Mr. Inhofe, Mr. Brown of
California, Mr. Grandy, Mr. Mollohan, and Mr. Hall of Ohio.
H.R. 2705: Mr. Bartlett of Marylandand Mr. Lazio.
H.R. 2788: Mr. Swett and Ms. Byrne.
H.R. 2803: Mr. Hoagland, Mr. Orton, Mr. Bachus of Alabama,
Mr. Bartlett of Maryland, Mr. Diaz-Balart, Mr. Linder, and
Mr. Upton.
H.R. 2830: Mr. Menendez and Mr. Abercrombie.
H.R. 2859: Mr. Sam Johnson, Mr. Kim, Mr. Duncan, Mr. Bachus
of Alabama, Ms. Byrne, Mr. Sundquist, Mrs. Fowler, Mr. Wolf,
Mr. Gallo, and Mr. Saxton.
H.R. 2860: Mr. Clinger.
H.R. 2886: Mr. Condit.
H.R. 2896: Mr. Weldon and Mr. Nadler.
H.R. 2898: Mr. Ackerman, Mr. Frank of Massachusetts, Ms.
Roybal-Allard, and Ms. Woolsey.
H.R. 2912: Mr. Fingerhut, Mr. Hoekstra, Ms. McKinney, Mr.
Murphy, Mr. Conyers, and Mr. Blute.
H.R. 2925: Mr. Gingrich and Mr. Fingerhut.
H.R. 3005: Mr. Bonilla, Mr. Bartlett of Maryland, Mr.
Walsh, Mr. Inglis of South Carolina, Mr. Gingrich, Mr. Hyde,
Mr. DeLay, Mr. Stenholm, Mr. Dornan, Mr. Baker of Louisiana,
Mr. Hunter, Mr. McCollum, Mr. Ewing, Mr. Penny, Mr.
Doolittle, Mr. Paxon, and Mr. Taylor of North Carolina.
H.R. 3007: Mr. Fish.
H.R. 3016: Mrs. Unsoeld.
H.R. 3017: Mr. Stark, Mr. Moorhead, Mr. Studds, Mr.
Ballenger, Mr. Gordon, Mr. Hansen, Mr. Regula, Mr. Taylor of
North Carolina, and Ms. Woolsey.
H.R. 3021: Mr. Packard and Mr. Manton.
H.R. 3023: Mr. Sanders, Mr. Taylor of North Carolina, Mr.
Johnson of Georgia, Mrs. Unsoeld, Mr. McCollum, Mr.
Hochbrueckner, Mr. Chapman, Mr. Schaefer, Mrs. Fowler, Mr.
Barlow, Mr. Jacobs, Mr. Myers of Indiana, Mr. Ortiz, Mr.
Barcia of Michigan, and Mr. Stearns.
H.R. 3024: Mr. Bliley.
H.R. 3059: Mr. Gene Green of Texas, Mr. Blute, and Mr.
LaFalce.
H.R. 3078: Mr. McInnis and Mr. Inslee.
H.R. 3087: Mrs. Morella, Mr. Neal of North Carolina, Mr.
Quillen, Mr. Goodling, Mr. Fazio, and Mrs. Roukema.
H.R. 3100: Mr. Nadler, Mr. Sanders, and Mr. Stark.
H.R. 3102: Mr. Laughlin, Mr. Andrews of New Jersey, Mr.
Gallegly, Mr. Livingston, and Mr. Sisisky.
H.R. 3105: Mr. Frost and Mr. Shays.
H.R. 3109: Mr. Quinn and Mr. Scott.
H.R. 3121: Mr. Darden and Mr. Oberstar.
H.R. 3122: Mr. Sanders.
H.R. 3129: Mr. Johnston of Florida.
H.R. 3146: Mr. Doolittle, Mr. Baker of California, and Mr.
Kim.
H.R. 3173: Mr. Taylor of North Carolina.
H.R. 3233: Mr. Laughlin, Mr. Pete Geren of Texas, Mr.
Darden, and Mr. Ravenel.
H.R. 3271: Mr. Manton.
H.R. 3288: Mr. Machtley, Ms. Pryce of Ohio, Mr. Quinn, and
Mr. Shays.
H.R. 3293: Ms. Schenk, Mrs. Unsoeld, Mr. Gallo, Mr.
Lancaster, Mr. Houghton, Mr. Pete Geren of Texas, Mr. Shaw,
Mr. Diaz-Balart, Mr. Coleman, Ms. Snowe, and Mr. Stupak.
H.R. 3303: Mr. Klein, Mr. Kreidler, Mr. Nadler, and Mr.
Smith of New Jersey.
H.R. 3328: Mr. Gillmor, Mr. Lewis of California, Mr.
Barrett of Wisconsin, Mr. Sangmeister, Mr. Taylor of North
Carolina, Mr. Goodling. Mr. Stenholm, Mr. Brown of
California, Mr. Kim, Mr. Stark, and Mr. Allard.
H.R. 3334: Mr. Packard.
H.R. 3364: Mr. Sanders.
H.R. 3365: Mr. Nadler and Mr. Richardson.
H.R. 3366: Mr. Frank of Massachusetts and Mr. Smith of New
Jersey.
H.R. 3367: Mr. Gingrich and Mr. Walsh.
H.R. 3373: Mr. Smith of New Jersey.
H.R. 3374: Mr. Smith of New Jersey.
H.R. 3392: Mr. Taylor of Mississippi, Mr. Skeen, Mr.
Bartlett of Maryland, Mr. Doolittle, Mr. Stump, Mr. Kim, Mr.
Cox, Mr. Dreier, Mr. Young of Alaska, Mr. McCollum, Mr.
Hutto, Mr. Minge, Mr. Smith of Texas, Mr. Laughlin, Mr.
Wilson, Mr. Regula, Mr. Solomon, Mr. Everett, Mr. Spence, Mr.
LaRocco, Mr. Petri, Mr. Poshard, Mr. Lewis of California, Mr.
Levy, Mr. Smith of Michigan, Mr. Allard, Mr. Duncan, Mr.
Mica, Mr. Coble, Mr. McInnis, and Mr. Sisisky.
H.R. 3394: Mr. Goss, Mr. Nussle, Mr. Fawell, and Mrs.
Meyers of Kansas.
H.R. 3421: Mr. Bartlett of Maryland, Mr. Inglis, of South
Carolina, Mr. Walsh, Mr. Gingrich, Mr. Hyde, Mr. DeLay, Mr.
Stenholm, Mr. Dornan, Mr. Baker of Louisiana, Mr. Hunter, Mr.
McCollum, Mr. Ewing, Mr. Penny, Mr. Doolittle, Mr. Paxon, and
Mr. Taylor of North Carolina.
H.R. 3424: Mr. Dooley, Mr. Gingrich, Ms. Schenk, Mr. Brown
of Ohio, Mr. Sisisky, Mr. Kreidler, Mr. Tanner, Mr. Zimmer,
Mr. Wheat, and Mr. Machtley.
H.R. 3434: Mr. Gene Green of Texas, Mr. Olver, Mr. Sanders,
and Ms. Velazquez.
H.R. 3457: Mr. Baker of Louisiana, Mr. Brown of Ohio, and
Mr. Goss.
H.R. 3472: Mr. Sanders.
H.R. 3490: Mr. Chapman, Mr. Hamilton, Mr. Kopetski, Mrs.
Lloyd, Mr. Roberts, Mrs. Thurman, Mr. Walsh, Mr. Wilson, and
Mr. Wolf.
H.R. 3527: Mr. Gutierrez, Mr. Cardin, Ms. Lowey, Ms. Byrne,
Mr. Hefner, Mr. Moran, Mr. Wheat, Mr. Mazzoli, Ms. Schenk,
Mr. Beilenson, Mr. Stark, Mr. Frank of Massachusetts, Ms.
Harman, Mr. Owens, Mr. Vento, Mr. Castle, Ms. Pelosi, and Mr.
Fingerhut.
H.R. 3534: Mr. Filner and Mr. Sanders.
H.R. 3542: Mr. Moran.
H.R. 3546: Mr. Saxton, Mr. Cramer, Ms. Danner, Mr. Bunning,
Mr. Rowland, Mr. Everett, Mr. Shays, Mr. Burton of Indiana,
Mr. Hamilton, Mr. Gallo, Mr. Kingston, Mr. Zeliff, Mr. Kyl,
Mr. Hoekstra, Mr. Roemer, Mr. Wolf, Mrs. Morella, Mr.
Bartlett of Maryland, Mr. Linder, Mr. Hilliard, Mr.
Hutchinson, Ms. Kaptur, Ms. Lambert, Mr. Montgomery, Mr.
Darden, and Mr. Crapo.
H.R. 3556: Mr. Quinn.
H.R. 3569: Mr. Lipinski, Mr. Gonzalez, Mr. Frost, and Mr.
Washington.
H.R. 3572: Mr. Stokes.
H.R. 3587: Mr. Bereuter.
H.R. 3614: Mr. Olver.
H.R. 3633: Mr. Portman, Mr. Fawell, Mr. McHugh, Mr. Shays,
Mr. Baker of Louisiana, Mr. Goss, and Mr. Grams.
H.R. 3645: Mr. Taylor of North Carolina.
H.R. 3650: Mr. Studds, Ms. Slaughter, and Mr. Ford of
Michigan.
H.R. 3658: Mr. Boucher, Mr. Cox, Mr. Condit, and Mr.
Packard.
H.R. 3663: Mr. Ford of Tennessee, Ms. Norton, Mr. Kopetski,
and Mr. Diaz-Balart.
H.R. 3666: Mr. Kasich and Mr. Wolf.
H.R. 3687: Mr. Wheat, Mr. Mann, Mr. Ballenger, and Mr.
Reed.
H.R. 3695: Mr. Doolittle, Mr. Inglis of South Carolina, Mr.
Gingrich, Mr. Hyde, Mr. Baker of Louisiana, Mr. Hunter, Mr.
McCollum, Mr. Ewing, Mr. Penny, and Mr. Taylor of North
Carolina.
H.R. 3698: Mr. Goss and Mr. Cramer.
H.R. 3705: Mr. Young of Florida and Mr. Mazzoli.
H.R. 3720: Mr. Ackerman, Mr. Foglietta, Mr. Jefferson, Mrs.
Lowey, Mr. Lipinski, Mr. Miller of California, and Mr. Wheat.
H.J. Res. 90: Mr. Manton and Mr. Lewis of Georgia.
H.J. Res. 113: Mr. Canady and Mr. Duncan.
H.J. Res. 122: Mr. Fazio, Ms. Byrne, Mr. Cramer, Mr.
Bartlett of Maryland, Mr. Ackerman, Mr. Lewis of Florida, and
Mr. Gordon.
H.J. Res. 129: Mrs. Roukema.
H.J. Res. 131: Mr. Fazio, Mr. Shaw, and Mr. Coyne.
H.J. Res. 231: Mr. Bliley, Mr. Clay, Mr. Mazzoli, Mr.
Valentine, Mr. Callahan, Mr. Roberts, Mr. Jacobs, Mr. Bevill,
Mr. Oxley, Mr. Shays, Mr. Kasich, Mr. Wolf, and Mr.
Ballenger.
H.J. Res. 246: Mr. Andrews of New Jersey, Mr. Barcia of
Michigan, Mr. Burton of Indiana, Mr. Coble, Mr. Crane, Mr.
Dornan, Mr. Duncan, Mr. Hamilton, Mr. Hayes, Mr. Houghton,
Mr. Hutto, Mr. Inhofe, Mr. Lewis of Georgia, Mr. Skelton, Mr.
Taylor of North Carolina, Mrs. Unsoeld, Ms. Waters, Mr. Barca
of Wisconsin, Ms. Danner, Mr. Dicks, Mr. Edwards of Texas,
Mr. Flake, Mr. Gallegly, Mr. Gingrich, Mr. Hefner, Mr. Hoke,
Mr. Horn, Mr. Stenholm, Ms. Brown of Florida, Ms. Furse, Mr.
Klink, Mr. Michel, Ms. Pryce of Ohio, Mr. Taylor of
Mississippi, Mr. Washington, and Mr. Young of Florida.
H.J. Res. 253: Ms. Cantwell and Ms. Dunn.
H.J. Res. 278: Mr. Brewster, Mr. Greenwood, Mr. Mazzoli,
Mr. Dellums, Mr. Ramstad, Mr. Goodling, Mr. Murtha, Mr.
Jefferson, Mr. Cramer, Mr. Kreidler, Mr. McNulty, Mr. Manton,
Mr. Coleman, Mr. Conyers, Mr. Gordon, Mr. Slattery, Mr.
Kasich, and Mr. Payne of New Jersey.
H.J. Res. 291: Mr. Hefner, Mr. Leach, Mr. Valentine, Mr.
Sundquist, Mr. Pomeroy, Mr. Johnson of South Dakota, Mr.
Greenwood, Mr. Kopetski, and Mr. Bonior.
H.J. Res. 293: Mr. Underwood, Mr. Lipinski, Mr. Frost, and
Mr. Kopetski.
H. Con. Res. 15: Mr. Lewis of Georgia.
H. Con. Res. 103: Mr. Andrews of Maine.
H. Con. Res. 110: Mr. Torricelli, Mr. Fingerhut, Mr.
Lantos, Mr. Hutchinson, Mr. McCollum, Mr. Dickey, and Mr.
Swett.
H. Con. Res. 122: Mr. Huffington, Mr. Ford of Michigan, Mr.
Shaw, Mr. Bonior, Mr. Andrews of Texas, Mr. Zeliff, Mr.
Fawell, Mr. Archer, and Mr. Talent.
H. Con. Res. 124: Mr. Solomon, Mr. Neal of North Carolina,
Mr. Miller of California, Mr. Durbin, Ms. Snowe, and Mr.
Wolf.
H. Con. Res. 141: Mr. Cunningham.
H. Con. Res. 148: Mr. Horn, Mr. Ewing, and Mr. Rohrabacher.
H. Con. Res. 176: Mr. Martinez, Mr. Slattery, Mr. Hall of
Texas, Ms. Velazquez, Mr. Bacchus of Florida, Mr. Cox, Mr.
Cramer, Mr. Rowland, Mr. Johnson of Georgia, Mr. Gene Green
of Texas, Mr. Hinchey, Mr. Edwards of Texas, Mr. Romero-
Barcelo, Mr. Brewster, Mr. Scott, Mr. Bishop, Mr. Hughes, Mr.
Miller of Florida, Mr. Filner, Ms. Furse, Ms. Byrne, Mr.
Synar, Mr. Manton, Mr. Deutsch, Mr. Rahall, Mr. Lewis of
California, Mr. Frost, Mr. Leach, Mr. Hutchinson, Mr.
Moorhead, Mr. Becerra, Mr. Wise, Mr. Wheat, Mr. Fawell, Mr.
Taylor of North Carolina, Mr. Volkmer, and Mrs. Meyers of
Kansas.
H. Con. Res. 186: Ms. Lowey.
[[Page 19]]
H. Con. Res. 195: Mr. Quinn.
H. Res. 38: Ms. Eshoo, Mr. Tucker, Mr. Washington, and Mr.
Nadler.
H. Res. 156: Mr. Torkildsen.
H. Res. 202: Mr. Engel and Mrs. Fowler.
H. Res. 234: Ms. Lambert, Mr. Quinn, Mr. Tanner, Mr. Pete
Geren of Texas, Mrs. Meyers of Kansas, Mr. Bishop, Mr. Hoke,
Mr. Blute, Mr. Collins of Georgia, Mr. Costello, Mrs.
Kennelly, Mr. Myers of Indiana, Mr. Rowland, Mr. Payne of New
Jersey, Mr. Sam Johnson, Mr. Hastert, Mr. Saxton, Ms. Ros-
Lehtinen, Mr. Studds, Mr. Moorhead, Mr. Andrews of Maine, Mr.
Crane, Mr. Walker, Ms. Velazquez, Mr. Peterson of Florida,
Mr. McMillan, Mr. Goodlatte, Mr. Coyne, Mr. Jacobs, Mr.
Sundquist, Mr. Bachus of Alabama, Mr. Miller of Florida, Mr.
Dornan, Mr. Sisisky, Mr. Doolittle, Mr. Jefferson, Mr.
Lehman, and Mr. Coppersmith.
H. Res. 236: Mr. Browder, Mr. Ravenel, Mr. Livingston, Mr.
Fields of Texas, Ms. McKinney, Mr. Young of Florida, Mr.
Bevill, Mr. Edwards of Texas, Mr. Barrett of Wisconsin, Mr.
Ewing, Mr. Bacchus of Florida, Mr. Hastert, Mr. Shaw, Mr.
Franks of New Jersey, Mr. Lewis of Georgia, Mr. Crane, Mr.
Fazio, Mr. Taylor of Mississippi, Mr. Young of Alaska, Mr.
Manton, Mr. Bartlett of Maryland, Mr. Lewis of Florida, Mr.
Everett, Mr. McCrery, Mr. Baesler, Mrs. Morella, Mr. Price of
North Carolina, Mr. Quinn, Mrs. Meyers of Kansas, Mr. Frost,
Ms. Slaughter, Mr. Duncan, and Mr. Porter.
H. Res. 281: Ms. Long, Mr. Allard, Mrs. Morella, Mr. Smith
of Michigan, Mr. Diaz-Balart, Ms. Kaptur, Mr. Andrews of New
Jersey, Mr. Costello, Mr. Shuster, Ms. Snowe, Ms. Eddie
Bernice Johnson of Texas, Mr. Clinger, Mr. LaFalce, Mr.
Wilson, Mr. Goodling, Mr. Hochbrueckner, Mr. Hayes, Mr.
Derrick, Mr. Kleczka, Mr. Rowland, Mr. Ehlers, and Mr.
Slattery.
Para. 1.36 petitions, etc.
Under clause 1 of rule XXII.
70. The SPEAKER presented a petition of the Governor of
Puerto Rico, relative to a copy of the preliminary
certification of the vote count, issued by the Puerto Rico
State Elections Commission; which was referred to the
Committee on Natural Resources.
.
Wednesday, January 26, 1994 (2)
The House was called to order by the SPEAKER.
Para. 2.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Tuesday, January 25, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Mr. TRAFICANT, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Mr. TRAFICANT objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER, pursuant to clause 5, rule I, announced that the vote
would be postponed until later today.
The point of no quorum was considered as withdrawn.
Para. 2.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2456. A communication from the President of the United
States, transmitting his request for emergency fiscal year
1994 supplemental appropriations for emergency expenses
related to the January 17 earthquake in Southern California,
pursuant to 31 U.S.C. 1107 (H. Doc. No. 103-199); to the
Committee on Appropriations and ordered to be printed.
2457. A letter from the Comptroller General, General
Accounting Office, transmitting the list of all reports
issued or released in December 1993, pursuant to 31 U.S.C.
719(h); to the Committee on Government Operations.
2458. A letter from the Director, Congressional Budget
Office, transmitting a report on unauthorized appropriations
and expiring authorizations by CBO as of January 15, 1994,
pursuant to 2 U.S.C. 602(f)(3); to the Committee on
Government Operations.
2459. A letter from the Chairman, Federal Communications
Commission, transmitting the annual report under the Federal
Managers' Financial Integrity Act for fiscal year 1993,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Operations.
2460. A letter from the Chairman, Federal Housing Finance
Board, transmitting the 1992 management reports of the 12
Federal Home Loan Banks and the Financing Corporation,
pursuant to Public Law 101-576, section 306(a) (104 Stat.
2854); to the Committee on Government Operations.
2461. A communication from the President of the United
States, transmitting notification of his decision that the
adjustment of the maximum deficit amount, as allowed under
section 253(g)(1)(B) of the act (2 U.S.C. 903(g)(1)(B), shall
be made, pursuant to 2 U.S.C. 904(c); to the Committee on
Government Operations and ordered to be printed.
2462. A letter from the Senior Policy Adviser, U.S. Arms
Control and Disarmament Agency, transmitting a report of
activities under the Freedom of Information Act for calendar
year 1993, pursuant to 5 U.S.C. 552(d); to the Committee on
Government Operations.
2463. A letter from the American Legion, transmitting the
proceedings of the 75th National Convention of the American
Legion, held in Chicago, IL, on September 7-9, 1993, pursuant
to 36 U.S.C. 49; to the Committee on Veterans' Affairs and
ordered to be printed.
2464. A letter from the Director, the Office of Management
and Budget, transmitting OMB's final sequestration report to
the President and Congress for fiscal year 1994, pursuant to
Public Law 101-508, section 13101(a) (104 Stat. 1388-587); to
the Committee on the Whole House on the State of the Union
and ordered to be printed.
Para. 2.3 messages from the president
Sundry messages in writing from the President of the United States
were communicated to the House by Mr. Kalbough, one of his secretaries.
Para. 2.4 holocaust reparations for hugo princz
Mr. HAMILTON, pursuant to the special order of the House of January
25, 1993, moved to suspend the rules and agree to the following
resolution (H. Res. 323):
Whereas Hugo Princz and his family were United States
citizens residing in Europe at the outbreak of World War II;
Whereas as civilians, Mr. Princz and his family were
arrested as enemy aliens of the German Government (not
prisoners of war) in early 1942;
Whereas the Government of Germany, over the protests of Mr.
Princz's father, refused to honor the validity of the Princz
family's United States passports on the grounds that the
Princz family were Jewish Americans and failed to return the
Princz family to the United States as part of an
International Red Cross civilian prisoner exchange;
Whereas the Princz family was instead sent to Maidanek
concentration camp in Poland, after which Mr. Princz's
father, mother, and sister were shipped to Treblinka death
camp and exterminated;
Whereas Mr. Princz and his two younger brothers were
transported by cattle car to Auschwitz to serve as slave
laborers, where Mr. Princz was forced to watch as his two
siblings were intentionally starved to death while they lay
injured in a camp hospital;
Whereas Mr. Princz was subsequently transferred to a camp
in Warsaw and, then, by death march, to the Dachau slave
labor facility;
Whereas in the closing days of the war, Mr. Princz and
other slave laborers were selected for extermination by
German authorities in an effort to destroy incriminating
evidence of war crimes;
Whereas hours before his scheduled execution, Mr. Princz's
death train was intercepted and liberated by United States
armed forces, and Mr. Princz was sent to an American military
hospital for treatment;
Whereas although the actions of the United States Army
saved Mr. Princz's life, he was sent to an American facility
and was never processed through a ``Center for Displaced
Persons'', a development which would later affect his
eligibility to receive reparations for his suffering;
Whereas following his hospitalization, Mr. Princz was
permitted to enter then-Communist-occupied Czechoslovakia to
search for family members, and, after determining that he was
the sole survivor, Mr. Princz traveled to America where he
was taken in by relatives;
Whereas in the early 1950s, the Federal Republic of Germany
established a reparations program for ``survivors'', to which
Mr. Princz made timely application in 1955;
Whereas Mr. Princz's application was rejected, and Mr.
Princz has argued that his rejection was based on the grounds
that he was a United States national at the time of his
capture and later rescued and not a ``stateless'' person or
``refugee'';
Whereas Mr. Princz has not received relief from the Federal
Republic of Germany in the intervening 40 years;
Whereas Mr. Princz's diplomatic remedies were exhausted by
late 1990, forcing him to sue the Federal Republic of Germany
in the Federal District Court for the District of Columbia in
1992;
Whereas the Court denied Germany's dismissal motion and
determined that Mr. Princz's situation to be sui generis,
given Germany's concurrence with the material facts in the
case and its simultaneous failure to accept financial
responsibility with respect to Mr. Princz, when it has
distributed billions of dollars in compensation to other Nazi
death camp survivors, simply because of his American
citizenship at the time of Mr. Princz's capture and later
rescue;
Whereas the trial is now stayed pending Germany's appeal to
the District of Columbia Circuit to require the case to be
dismissed on grounds of sovereign immunity; and
Whereas Germany's refusal to redress Mr. Princz's unique
and tragic grievances and to provide him a survivor's pension
undercuts its oft-voiced claims to have put its terrible past
behind it: Now, therefore, be it
[[Page 20]]
Resolved, That it is the sense of the House of
Representatives that the President and the Secretary of State
should--
(1) raise the matter of Hugo Princz with the Federal
Republic of Germany, including the Chancellor and Foreign
Minister, and take all appropriate steps necessary to ensure
that this matter will be expeditiously resolved and that fair
reparations will be provided Mr. Princz; and
(2) state publicly and unequivocally that the United States
will not countenance the continued discriminatory treatment
of Hugo Princz in light of the terrible torment he suffered
at the hands of the Nazis.
The SPEAKER pro tempore, Mr. MENENDEZ, recognized Mr. HAMILTON and Mr.
GILMAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said resolution?
The SPEAKER pro tempore, Mr. MENENDEZ, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said resolution was agreed to was, by unanimous consent, laid on the
table.
Para. 2.5 order of business--suspension of the rules
On motion of Mr. de LUGO, by unanimous consent,
Ordered, That it may be in order today for the Speaker to entertain a
motion to suspend the rules under clause 1 of rule XXVII and pass the
bill (H.R. 2144) the Guam Excess Lands Act.
Para. 2.6 guam land transfer
Mr. de LUGO, pursuant to the foregoing special order, moved to suspend
the rules and pass the bill (H.R. 2144) the Guam Excess Land Act; as
amended.
The SPEAKER pro tempore, Mr. MENENDEZ, recognized Mr. de LUGO and Mr.
HANSEN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. VOLKMER, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 2.7 unfinished business--approval of the journal
The SPEAKER pro tempore, Mr. VOLKMER, pursuant to clause 5, rule I,
announced the unfinished business to be the question on agreeing to the
Chair's approval of the Journal of Tuesday, January 25, 1994.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. VOLKMER, announced that the yeas had it.
Mr. VENTO objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
247
When there appeared
<3-line {>
Nays
140
Para. 2.8 [Roll No. 2]
YEAS--247
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Applegate
Bacchus (FL)
Baesler
Ballenger
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brooks
Brown (FL)
Brown (OH)
Byrne
Cantwell
Cardin
Carr
Chapman
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cramer
Crapo
Darden
Deal
DeFazio
DeLauro
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (TX)
Emerson
Engel
English (AZ)
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Foglietta
Foley
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Greenwood
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hayes
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Houghton
Hoyer
Hughes
Hutchinson
Inglis
Inslee
Jefferson
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Levin
Lewis (GA)
Lipinski
Livingston
Lloyd
Long
Lowey
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McInnis
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Mfume
Michel
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Nadler
Natcher
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Orton
Owens
Pallone
Parker
Pastor
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Ravenel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Schenk
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Spence
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torricelli
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Washington
Waters
Watt
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Young (FL)
NAYS--140
Allard
Archer
Bachus (AL)
Baker (CA)
Barrett (NE)
Bartlett
Barton
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Cox
Crane
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dreier
Duncan
Dunn
Ehlers
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gekas
Gilchrest
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Huffington
Hunter
Hyde
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kim
King
Klug
Knollenberg
Kolbe
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Linder
Machtley
McCrery
McHugh
McKeon
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Morella
Murphy
Myers
Nussle
Oxley
Packard
Paxon
Petri
Porter
Portman
Quillen
Quinn
Ramstad
Regula
Ridge
Roberts
Rogers
Rohrabacher
Roth
Roukema
Royce
Saxton
Schaefer
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (TX)
Snowe
Solomon
Stearns
Stump
Sundquist
Talent
Taylor (MS)
Taylor (NC)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Zeliff
Zimmer
NOT VOTING--46
Andrews (TX)
Armey
Baker (LA)
Brewster
Browder
Brown (CA)
Bryant
Clay
Collins (IL)
Coyne
Danner
de la Garza
Dellums
Dornan
Edwards (CA)
Flake
Gallegly
Gallo
Hastings
Hefner
Hutto
Johnson (GA)
Kennelly
Kingston
Kyl
Lehman
Lightfoot
McCandless
McCollum
McDade
Murtha
Ortiz
Payne (NJ)
Pelosi
Pryce (OH)
Ros-Lehtinen
Slattery
Smith (OR)
Thomas (CA)
Torres
Towns
Waxman
Wheat
Whitten
Williams
Young (AK)
So the Journal was approved.
Para. 2.9 message from the president--bulgaria immigration
The SPEAKER pro tempore, Mr. VISCLOSKY, laid before the House a
message from the President, which was read as follows:
To the Congress of the United States:
On June 3, 1993, I determined and reported to the Congress that
Bulgaria is in full compliance with the freedom of emigration criteria
of sections 402 and 409 of the Trade Act of 1974. This determination
allowed for the continuation of most-favored nation (MFN) status and
certain U.S. Government financial
[[Page 21]]
programs for Bulgaria without the requirement of a waiver.
As required by law, I am submitting an updated Report to Congress
concerning emigration laws and policies of the Republic of Bulgaria. You
will find that the report indicates continued Bulgarian compliance with
U.S. and international standards in the areas of emigration and human
rights policy.
William J. Clinton.
The White House, January 26, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Ways and Means and ordered to
be printed (H. Doc. 103-197).
Para. 2.10 calendar wednesday business dispensed with
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That business in order for consideration on Wednesday,
February 2, 1994, under clause 7, rule XXIV, the Calendar Wednesday
rule, be dispensed with.
Para. 2.11 message from the president--us-greece social security
agreement
The SPEAKER pro tempore, Mr. LEWIS of Georgia, laid before the House a
message from the President, which was read as follows:
To the Congress of the United States:
Purusant to section 233(e)(1) of the Social Security Act, as amended
by the Social Security Amendments of 1977 (Public Law 95-216, 42 U.S.C.
433(e)(1)), I transmit herewith the Agreement between the United States
and Greece on Social Security, which consists of two separate
instruments: a principal agreement and an administrative arrangement.
The Agreement was signed at Athens on June 22, 1993.
The United States-Greece agreement contains all provisions mandated by
section 233 and other provisions which I deem appropriate to carry out
the provisions of section 233, pursuant to section 233(c)(4). It is
similar in objective to the social security agreements already in force
with Austria, Belgium, Canada, Finland, France, Germany, Ireland, Italy,
Luxembourg, the Netherlands, Norway, Portugal, Spain, Sweden,
Switzerland, and the United Kingdom. Such bilateral agreements provide
for limited coordination between the United States and foreign social
security systems to eliminate dual social security coverage and
taxation, and to help prevent the loss of benefit protection that can
occur when workers divide their careers between two countries.
I also transmit for the information of the Congress a report prepared
by the Department of Health and Human Services explaining the key points
of the Agreement, along with a paragraph-by-paragraph explanation of the
provisions of the principal agreement and the related administrative
arrangement. Annexed to this report is the report required by section
233(e)(1) of the Social Security Act on the effect of the Agreement on
income and expenditures of the U.S. Social Security program and the
number of individuals affected by the Agreement. The Department of State
and the Department of Health and Human Services have recommended the
Agreement and related documents to me.
I commend the United States-Greece Social Security Agreement and
related documents.
William J. Clinton.
The White House, January 26, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Ways and Means and ordered to
be printed (H. Doc. 103-199).
And then,
Para. 2.12 adjournment
On motion of Mr. ROSE, pursuant to the provisions of House Concurrent
Resolution 198, at 3 o'clock and 51 minutes p.m., the House adjourned
until 12 o'clock noon on Tuesday, February 1, 1994.
Para. 2.13 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. GONZALEZ: Committee on Banking, Finance and Urban
Affairs. H.R. 3191. A bill to revise the national flood
insurance program to promote compliance with requirements for
mandatory purchase of flood insurance, to provide assistance
for mitigation activities designed to reduce damages to
structures subject to flooding and shoreline erosion, and to
increase the maximum coverage amounts under the program, and
for other purposes, with an amendment (Rept. No. 103-414).
Referred to the Committee of the Whole House on the State of
the Union.
Para. 2.14 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. GUNDERSON:
H.R. 3734. A bill to expand the role of public schools to
provide community services; to the Committee on Education and
Labor.
By Mr. NATCHER (for himself, Mr. Whitten, Mr. Smith of
Iowa, Mr. Stokes, Mr. Bevill, Mr. Dixon, Mr. Fazio,
Mr. Hefner, Mr. Carr, Mr. Durbin, Mr. Lewis of
California, Ms. Pelosi, Mr. Torres, Mr. Packard, Mr.
Edwards of California, Mr. Moorhead, Mr. Becerra, Mr.
Beilenson, Mr. Berman, Mr. Brown of California, Mr.
Calvert, Mr. Dellums, Mr. Dreier, Ms. Eshoo, Mr.
Farr, Mr. Filner, Mr. Gallegly, Mr. Hamburg, Ms.
Harman, Mr. Horn, Mr. Kim, Mr. Lantos, Mr. Martinez,
Mr. Matsui, Mr. McKeon, Mr. Miller of California, Mr.
Mineta, Ms. Roybal-Allard, Ms. Schenk, Mr. Stark, Mr.
Tucker, Ms. Waters, Mr. Waxman, and Ms. Woolsey):
H.R. 3735. A bill making emergency supplemental
appropriations for disaster assistance because of the Los
Angeles earthquake for the fiscal year ending September 30,
1994, and for other purposes; to the Committee on
Appropriations.
By Mr. ANDREWS of Texas:
H.R. 3736. A bill to provide incentives for job
apprenticeship programs, enhance educational opportunities,
and study the feasibility of consolidating the administration
of all Federal dislocated worker programs; jointly, to the
Committees on Education and Labor, Ways and Means, and Post
Office and Civil Service.
By Mrs. MINK:
H.R. 3737. A bill to provide supplemental security income
benefits to needy children; to the Committee on Ways and
Means.
By Mr. ANDREWS of Texas (for himself, Ms. Norton, Mrs.
Morella, and Mrs. Schroeder):
H.R. 3738. A bill to promote equitable pay practices and
eliminate discrimination within the civil service; to provide
for more equitable pay practices within the legislative
branch; to require the executive branch to gather and
disseminate information regarding, and to promote techniques
to eliminate, discriminatory wage-setting practices and
discriminatory wage disparities which are based on sex, race,
or national origin; and for other purposes; jointly, to the
Committees on Post Office and Civil Service, House
Administration, Ways and Means, and Education and Labor.
By Mr. ARCHER (for himself, Mr. Crane, Mr. Thomas of
California, Mr. Shaw, Mr. Sundquist, Mrs. Johnson of
Connecticut, Mr. Houghton, Mr. Herger, Mr. McCrery,
Mr. Hancock, Mr. Camp, and Mr. Zimmer):
H.R. 3739. A bill to amend the Internal Revenue Code of
1986 to provide all taxpayers with a 50-percent deduction for
capital gains, to index the basis of certain capital assets,
and to allow the capital loss deduction for losses on the
sale or exchange of an individual's principal residence; to
the Committee on Ways and Means.
By Mr. CLAY:
H.R. 3740. A bill to extend and revise the authority to
award endowment grants to Howard University, and for other
purposes; to the Committee on Education and Labor.
By Mrs. COLLINS of Illinois:
H.R. 3741. A bill to prohibit rental car companies from
imposing liability on renters with certain exceptions, to
prohibit such companies from selling collision damage waivers
in connection with private passenger automobile rental
agreements of not more than 30 days, and for other purposes;
to the Committee on Energy and Commerce.
By Mr. FINGERHUT:
H.R. 3742. A bill to establish a commission to design a
plan for transition from certain welfare, job training, and
child care programs to new programs providing temporary
financial aid and assistance in locating permanent
employment; jointly, to the Committees on Ways and Means,
Agriculture, and Education and Labor.
By Mr. FROST:
H.R. 3743. A bill to provide for payments to individuals
who were the subjects of radiation experiments conducted by
the Federal Government; to the Committee on the Judiciary.
By Mr. HYDE (for himself, Mr. Gilman, Mr. Spence, Mr.
Combest, Ms. Snowe, and Mr. Rogers):
H.R. 3744. A bill to amend the United Nations Participation
Act of 1945 to facilitate coordination between the executive
and legislative branches of Government regarding United
States participation in, or the use of United States funds
for, United Nations peacekeeping activities; jointly, to the
Committees on Foreign Affairs, Armed Services, and the
Permanent Select Committee on Intelligence.
By Mr. JEFFERSON (for himself and Mr. Fields of
Louisiana):
H.R. 3745. A bill to authorize the Secretary of Health and
Human Services to award a
[[Page 22]]
grant for the establishment of the National Center for Sickle
Cell Disease Research, and for other purposes; to the
Committee on Energy and Commerce.
By Mr. KLEIN:
H.R. 3746. A bill to authorize the Director of the Bureau
of Justice Assistance to approve local programs that exchange
merchandise vouchers for firearms and make grants to the
programs, to amend title 18, United States Code, to provide
amnesty for individuals who surrender firearms under the
programs, and to amend the Internal Revenue Code of 1986 to
allow tax deductions for taxpayers who donate merchandise
vouchers for use in the programs; jointly, to the Committees
on the Judiciary and Ways and Means.
By Mr. KREIDLER (for himself and Mr. Dicks):
H.R. 3747. A bill to permit marine port authorities to
establish guidelines for the shipment of certain materials in
a manner that protects the public health and safety and the
environment; jointly, to the Committees on Public Works and
Transportation, Merchant Marine and Fisheries, Energy and
Commerce, and Education and Labor.
By Mr. LEACH:
H.R. 3748. A bill to provide an enhanced framework for
Federal financial institution regulation of derivatives
activities; jointly, to the Committees on Banking, Finance
and Urban Affairs; Energy and Commerce; and Agriculture.
By Mr. LEVIN:
H.R. 3749. A bill to extend the authorities of the Fair
Trade in Auto Parts Act of 1988; jointly, to the Committees
on Foreign Affairs, Ways and Means, and Energy and Commerce.
By Ms. NORTON:
H.R. 3750. A bill to provide for nuclear disarmament and
economic conversion in accordance with District of Columbia
Initiative Measure No. 37 of 1993; jointly, to the Committees
on Foreign Affairs and Armed Services.
By Mr. TORRICELLI:
H.R. 3751. A bill to establish a Meat, Poultry, and Eggs
Inspection Agency to administer the Federal Meat Inspection
Act, the Poultry Products Inspection Act, and the Egg
Products Inspection Act, to expand the application of these
acts, to provide for the establishment of safe cooking
standards for meat and poultry products, and to improve
scientific research and understanding of foodborne illnesses;
jointly, to the Committees on Agriculture and Energy and
Commerce.
By Mr. VOLKMER:
H.R. 3752. A bill to amend section 410(b)(1)(A) of the
Controlled Substances Act, to provide a mandatory term of
life imprisonment without release, probation, parole, or
suspension of sentencing for drug felons and violent
criminals convicted a third time; jointly, to the Committees
on the Judiciary and Energy and Commerce.
By Mr. GONZALEZ:
H.J. Res. 307. Joint resolution proposing an amendment to
the Constitution of the United States to repeal the 25th
amendment to the Constitution; to the Committee on the
Judiciary.
By Mr. ANDREWS of New Jersey (for himself and Mr.
Montgomery):
H.J. Res. 308. Joint resolution providing for the display
of the flag at half-mast on Government buildings on the 7th
of December of each year in honor and remembrance of the
members of the Armed Forces who served at Pearl Harbor on
December 7, 1941; to the Committee on the Judiciary.
By Mr. HILLIARD:
H.J. Res. 309. Joint resolution designating April 29, 1994,
as ``Davey Allison Remembrance Day''; to the Committee on
Post Office and Civil Service.
By Mr. McDERMOTT:
H. Res. 332. Resolution providing amounts from the
contingent fund of the House for expenses of investigations
and studies by the Committee on Standards of Official Conduct
in the second session of the 103d Congress; to the Committee
on House Administration.
Para. 2.15 private bills and resolutions
Under clause 1 of rule XXII,
Mr. MURPHY introduced a bill (H.R. 3753) for the relief of
Thomas R. Dahlberg; to the Committee on the Judiciary.
Para. 2.16 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 93: Mr. Young of Florida, Mr. King, and Mr. McHale.
H.R. 245: Mr. Franks of New Jersey.
H.R. 323: Mr. Menendez.
H.R. 358: Mr. Engel.
H.R. 359: Mr. Paxon.
H.R. 417: Mr. Darden, Mr. Kleczka, Mr. Bachus of Alabama,
Mr. Hobson, Mr. Barlow, Mr. Pickett, Mr. McCollum, Mr.
Boehlert, and Mr. Poshard.
H.R. 502: Mr. Hoyer, Mr. Pombo, and Mr. McInnis.
H.R. 544: Mr. McDermott and Ms. Margolies-Mezvinsky.
H.R. 763: Mr. Zimmer.
H.R. 963: Mr. Collins of Georgia.
H.R. 1055: Mr. Applegate and Mr. Solomon.
H.R. 1122: Mr. Paxon, Mr. Lazio, and Mr. Bartlett of
Maryland.
H.R. 1123: Mr. Paxon and Mr. Bartlett of Maryland.
H.R. 1124: Mr. Bartlett of Maryland.
H.R. 1126: Mr. Wheat, Mr. Bateman, Mr. Kingston, and Mr.
Bartlett of Maryland.
H.R. 1127: Mr. Bartlett of Maryland.
H.R. 1128: Mr. Paxon Mr. Crapo, and Mr. Bartlett of
Maryland.
H.R. 1129: Mr. Bartlett of Maryland.
H.R. 1130: Mr. Bartlett of Maryland.
H.R. 1161: Mr. Quinn.
H.R. 1181: Mr. Bereuter, Mr. Hutchinson, Ms. Lambert, Mr.
Wilson, Ms. Woolsey, Mr. Emerson, and Mr. Cramer.
H.R. 1309: Mr. Myers of Indiana, Mr. Doolittle, Mr. Schiff,
and Mr. Shays.
H.R. 1438: Mr. Horn.
H.R. 1464: Ms. Byrne, Mr. Clay, Ms. Eshoo, Mrs. Lloyd, and
Mr. Matsui.
H.R. 1505: Mr. Pombo and Mr. Bartlett of Maryland.
H.R. 1620: Mr. Bartlett of Maryland and Mr. McInnis.
H.R. 1622: Mr. Lazio.
H.R. 1687: Ms. Lambert and Mr. Clyburn.
H.R. 1719: Mr. Blute.
H.R. 1878: Mr. Slattery, Mr. Klink, Mr. Ravenel, Mr.
Holden, Mr. Paxon, Mrs. Meyers of Kansas, Mr. Gingrich, and
Mr. Spratt.
H.R. 1900: Mr. Abercrombie, Mr. Faleomavaega, and Mrs.
Meek.
H.R. 2088: Mr. Sawyer and Mr. Rose.
H.R. 2147: Mr. Waxman, Mr. Yates, Mr. Sanders, Mr.
Oberstar, and Mr. Lipinski.
H.R. 2171: Mr. Deal, Mr. Gingrich, and Ms. Furse.
H.R. 2287: Mrs. Maloney.
H.R. 2292: Mr. McCloskey.
H.R. 2434: Mr. Lewis of California, Mr. Greenwood, Mr.
Crane, and Mr. Calvert.
H.R. 2443: Mr. Johnson of Georgia, Mr. Kingston, Mr.
McMillan, Mr. Mineta, Mr. Brown of California, Mr. Coble, Mr.
Schaefer, Mr. Manzullo, Mr. Bartlett of Maryland, Mr. Barca
of Wisconsin, Mrs. Clayton, Mr. Goodlatte, Mr. Barcia of
Michigan, Mr. Peterson of Minnesota, Mrs. Kennelly, Mr.
Everett, Mr. Ford of Tennessee, Mr. Wise, Mr. Franks of New
Jersey, Mr. Browder, Mr. Ballenger, Mr. Gallo, Mr. Minge, Mr.
Inglis of South Carolina, Mr. Spence, Mr. Gingrich, Mr.
Murtha, Mr. Taylor of Mississippi, Mr. Collins of Georgia,
Mr. Poshard, Mr. Wolf, Mr. Oberstar, Mr. Stump, Mr.
Washington, and Mr. Shays.
H.R. 2467: Mr. Andrews of Maine, Mr. Bevill, Mr. Blute, Mr.
Cramer, Mr. Filner, Mr. Hayes, Ms. Long, Mr. McHugh, Mr.
Machtley, Mr. Mann, Mr. Matsui, Mr. Moorhead, Mr. Neal of
Massachusetts, Ms. Pryce of Ohio, Mr. Sanders, Mr. Shays, Mr.
Skaggs, and Mr. Williams.
H.R. 2586: Mr. Quinn, Mr. Bevill, Mr. McDade, Mr. Cardin,
and Mr. Tanner.
H.R. 2602: Ms. Byrne.
H.R. 2664: Ms. Snowe.
H.R. 2727: Ms. Woolsey, Ms. Roybal-Allard, Mr. Richardson,
and Mr. Martinez.
H.R. 2745: Mr. Weldon, Mr. Traficant, Mr. Coble, Mr.
Clinger, Mr. Bachus of Alabama, Ms. Kaptur, and Mr.
Applegate.
H.R. 2866: Mr. Scott, Ms. Lambert, and Mr. Shays.
H.R. 2918: Mr. Sabo and Mr. Boucher.
H.R. 2969: Mr. Fish, Mr. Gilman, Mr. Engel, Mr. Lazio, and
Mr. Menendez.
H.R. 2971: Mrs. Unsoeld and Mr. Taylor of North Carolina.
H.R. 2985: Mr. Kreidler, Mr. Wyden, Mr. Sanders, and Mrs.
Unsoeld.
H.R. 3021: Mr. Andrews of New Jersey.
H.R. 3062: Mr. DeLay.
H.R. 3097: Ms. Woolsey and Mr. Sanders.
H.R. 3138: Mr. Fingerhut and Mr. Nadler.
H.R. 3232: Ms. Danner.
H.R. 3248: Mr. Kleczka.
H.R. 3251: Mr. Boehner, Mr. Johnson of South Dakota, and
Mr. Walsh.
H.R. 3293: Mr. Ravenel and Mr. Pallone.
H.R. 3301: Ms. Furse, Mr. Hoagland, and Mr. Miller of
California.
H.R. 3302: Mr. Horn, Mr. Shays, Mr. Frost, Mr. Levy, and
Mr. Stump.
H.R. 3314: Mr. Rangel and Mrs. Meek.
H.R. 3328: Mr. Lipinski.
H.R. 3363: Mr. Pomeroy, Ms. Byrne, Mr. Castle, Mr.
Callahan, and Mr. Lipinski.
H.R. 3372: Mr. Slattery, Mr. Stokes, Mr. Sharp, Mrs.
Clayton, and Mr. Canady.
H.R. 3397: Ms. Schenk, Mr. de la Garza, Mr. Nadler, Mr.
Deutsch, Ms. Slaughter, and Mr. Upton.
H.R. 3424: Mr. Gordon, Ms. Woolsey, and Mr. Lancaster.
H.R. 3435: Mr. Hoagland, Mr. Evans, Mr. Miller of
California, Mrs. Mink, Mrs. Schroeder, and Ms. Velazquez.
H.R. 3449: Mr. Gingrich, Mr. Zimmer, and Mr. Packard.
H.R. 3468: Mrs. Morella.
H.R. 3495: Mr. Nadler, Mr. Martinez, and Mr. Dornan.
H.R. 3546: Mr. Browder, Mr. Lipinski, Mr. Klein, and Mr.
Durbin.
H.R. 3584: Mr. Baker of California, Mr. Boehner, Mr.
Herger, Mr. Schiff, Mr. Stenholm, Mr. Torkildsen, Ms.
Woolsey, Mr. Montgomery, Mr. Oxley, Mr. Solomon, Mr. Tejeda,
Mr. DeLay, Mr. Carr, Mr. Darden, Mr. Emerson, Mr. Peterson of
Minnesota, Mr. Condit, Mr. Hayes, Mr. Tauzin, Mr. Rowland,
Mr. Bilbray, and Mr. LaRocco.
H.R. 3600: Mr. Carr, and Mr. Swett.
H.R. 3629: Mr. Hoekstra, Mr. Goodling, Mr. Kim, Mr. Engel,
and Mr. Doolittle.
H.R. 3645: Mr. Lewis of California, Mr. Greenwood, Mr.
Crane, and Mr. Calvert.
H.R. 3666: Mr. Cramer, and Mr. Lewis of Georgia.
H.R. 3706: Mr. Berman, Mr. Flake, Mr. Lewis of Georgia, Mr.
McDermott, Mr. Owens, Mr. Payne of New Jersey, Ms. Pelosi,
Mr. Stark, and Mr. Waxman.
H.R. 3727: Mrs. Roukema, Mr. Roth, Mr. Bachus of Alabama,
Mr. Dreier, Mr. Smith of Michigan, Mr. Solomon, Mr. Castle,
Mr. McCollum, Mr. Ackerman, and Mr. Linder.
[[Page 23]]
H.J. Res. 103: Ms. Harman, Mrs. Roukema, and Mr. Combest.
H.J. Res. 199: Mr. Combest, Ms. Dunn, Mr. Myers of Indiana,
Mr. Calvert, Mr. Dornan, Mr. Mazzoli, Mr. Hunter, Mr. Hyde,
Mr. Kasich, Mr. Williams, Mr. Kim, Mr. Lewis of California,
Mr. Andrews of New Jersey, Mr. Lewis of Florida, Mr. Camp,
Mr. Stump, Mr. Kyl, Mr. Gejdenson, Mr. Pickett, Ms.
Slaughter, Mr. Hastings, Ms. Kaptur, Mr. Stupak, Mr.
McMillan, Mr. Fazio, Mr. Boehlert, Mr. Sisisky, Mr. Brewster,
Mr. Swift, Mr. Lewis of Georgia, Mr. Synar, Mr. Dickey, Mr.
Browder, Mr. Valentine, Mr. Hamilton, Mr. Greenwood, Mr.
Kanjorski, Mr. Taylor of North Carolina, Mr. Upton, Mr.
Quinn, Mr. Whitten, Mr. Tanner, Mr. Moakley, Mr. Frank of
Massachusetts, Mr. Jacobs, Mr. Richardson, Mr. Hayes, Mr.
Price of North Carolina, Mr. Gilman, Mr. Rogers, and Mr.
Edwards of Texas.
H.J. Res. 266: Mr. Manton.
H. Con. Res. 127: Mr. Weldon, Mr. Traficant, Mr. Duncan,
Mr. Clinger, Mr. Bachus of Alabama, Ms. Kaptur, and Mr.
Applegate.
H. Con. Res. 148: Mr. Sam Johnson.
H. Con. Res. 152: Mr. Waxman and Mr. Sanders.
H. Con. Res. 173: Mr. Andrews of New Jersey, Mr. Kreidler,
Mr. Pete Geren of Texas, Mr. Slattery, Mr. Dellums, Mr.
Manton, Mr. Brewster, Mr. Jacobs, Mr. Greenwood, Mr. Emerson,
Mr. Hoekstra, Mr. Upton, Mr. Traficant, and Mr. Hall of Ohio.
H. Con. Res. 179: Mr. Visclosky and Mr. Solomon.
H. Con. Res. 185: Mr. Bevill.
H. Res. 117: Mr. Brown of Ohio and Mr. Bartlett of
Maryland.
H. Res. 127: Mr. Smith of New Jersey.
H. Res. 234: Mrs. Bentley, Mr. Markey, Mr. Watt, and Mr.
Peterson of Minnesota.
H. Res. 288: Mr. Goss.
H. Res. 323: Mr. Gejdenson, Mr. Hastings, Mr. Yates, Mr.
King, Mr. Saxton, Mrs. Maloney, Mr. Owens, Mr. Sanders, Mr.
Kopetski, Mr. Waxman, Mr. Abercrombie, Mr. Andrews of New
Jersey, Mrs. Mink, Mr. Spratt, Mr. McNulty, Mr. Engel, Ms.
Margolies-Mezvinsky, Mr. Schiff, Mr. McCloskey, Mr. Hughes,
Ms. Molinari, Ms. Schenk, Mr. Hoyer, and Mr. Horn.
.
TUESDAY, FEBRUARY 1, 1994 (3)
Para. 3.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
MONTGOMERY, who laid before the House the following communication:
House of Representatives,
Washington, DC, February 1, 1994.
I hereby designate the Honorable G.V. (Sonny) Montgomery to
act as Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Para. 3.2 approval of the journal
The SPEAKER pro tempore, Mr. MONTGOMERY, announced he had examined and
approved the Journal of the proceedings of Wednesday, January 26, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 3.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2465. A communication from the President of the United
States, transmitting his revised request for emergency fiscal
year 1994 supplemental appropriations for emergency expenses
related to the January 17 earthquake in southern California,
pursuant to 31 U.S.C. 1107 (H. Doc. No. 103-204); to the
Committee on Appropriations and ordered to be printed.
2466. A letter from the Administrator, United States
Environmental Protection Agency, transmitting the Agency's
report entitled ``Alternative Fuel Vehicle Training Program
at West Virginia University''; to the Committee on
Appropriations.
2467. A letter from the Secretary, Department of Housing
and Urban Development, transmitting the Department's Third
Annual Report to Congress on HUD's Program Evaluation and
Monitoring Activities; to the Committee on Banking, Finance
and Urban Affairs.
2468. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to the Czech Republic,
pursuant to 12 U.S.C. 635(b)(3)(i); to the Committee on
Banking, Finance and Urban Affairs.
2469. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-164,
``Closing of a Public Alley in Square 766, S.O. 91-217, Act
of 1994,'' pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on the District of Columbia.
2470. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-165,
``Closing of a Public Alley in Square 3788, S.O. 91-202, Act
of 1994,'' pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on the District of Columbia.
2471. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-166,
``Cigarette Sales Below Cost Act of 1994,'' pursuant to D.C.
Code, section 1-233(c)(1); to the Committee on the District
of Columbia.
2472. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-167,
``Closing of a Portion of R Street, SW., S.O. 90-229, Act of
1994,'' pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on the District of Columbia.
2473. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-168,
``Closing of a Public Alley in Square 2946, S.O. 90-30, Act
of 1994,'' pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on the District of Columbia.
2474. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-169,
``Closing of a Public Alley in Square 484, S.O. 90-272, Act
of 1994,'' pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on the District of Columbia.
2475. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-170, ``Fraser
Court Designation Act of 1994,'' pursuant to D.C. Code,
section 1-233(c)(1); to the Committee on the District of
Columbia.
2476. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-164,
``Closing of a Public Alley in Square 5263, S.O. 91-58, Act
of 1994,'' pursuant to D.C. Code section 1-233(c)(1); to the
Committee on the District of Columbia.
2477. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-172,
``Modified Guaranteed Contracts Amendment Act of 1994,''
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on the District of Columbia.
2478. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-173,
``Conveyance of Engine Company No. 24 Act of 1994,'' pursuant
to D.C. Code, section 1-233(c)(1); to the Committee on the
District of Columbia.
2479. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-180, ``Rental
Housing Act of 1985 Freezing Temperature Temporary Amendment
Act of 1994,'' pursuant to D.C. Code, section 1-233(c)(1); to
the Committee on the District of Columbia.
2480. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-181,
``Illegal Dumping Enforcement Act of 1994,'' pursuant to D.C.
Code, section 1-233(c)(1); to the Committee on the District
of Columbia.
2481. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-182, ``Broad
of Real Property Assessments and Appeals Amendment Act of
1994,'' pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on the District of Columbia.
2482. A letter from the Auditor, District of Columbia,
transmitting a copy of a report entitled ``Analysis of the
District of Columbia Water and Sewer Utility Administration's
Fiscal Year 1992 (Revised) Financial Plan,'' pursuant to D.C.
Code, section 47-117(d); to the Committee on the District of
Columbia.
2483. A letter from the Secretary of Education,
transmitting notice of Final Funding Priorities--Special
Studies Program, pursuant to 20 U.S.C. 1232(d)(1); to the
Committee on Education and Labor.
2484. A letter from the Administrator, United States
Environmental Protection Agency, transmitting the Agency's
report entitled ``Results of the National School Radon
Survey,'' pursuant to section 307 of the Indoor Radon
Abatement Act of 1988; to the Committee on Energy and
Commerce.
2485. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting a report of those Foreign
Military Sales customers with approved cash flow financing in
excess of $100 million as of October 1, 1993, pursuant to 22
U.S.C. 2765(a); to the Committee on Foreign Affairs.
2486. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification of the
Department of the Air Force's proposed Letter(s) of Offer and
Acceptance [LOA] to Sweden for defense articles and services
(Transmittal No. 94-16), pursuant to 22 U.S.C. 2776(b); to
the Committee on Foreign Affairs.
2487. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the Department's
report on PLO compliance, pursuant to Public Law 101-246,
section 804(b) (104 Stat. 78); to the Committee on Foreign
Affairs.
2488. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the fiscal year
1993 report on implementation of the support for East
European Democracy Act [SEED] Program, pursuant to Public Law
101-179, section 704(c) (103 Stat. 1322); to the Committee on
Foreign Affairs.
2489. A communication from the President of the United
States, transmitting a report on the status of efforts to
obtain Iraq's compliance with the resolutions adopted by the
United Nations Security Council, pursuant to the Public Law
102-1, section 3 (105 Stat. 4) (H. Doc. No. 103-203); to the
Committee on Foreign Affairs and ordered to be printed.
2490. A letter from the Director, Defense Security
Assistance Agency, transmitting notification of emergency
counternarcotics assistance to Colombia up to a total of
$7,000,000, pursuant to section 506(b)(2) of the Foreign
Assistance Act of 1961, as amended; to the Committee on
Foreign Affairs.
2491. A letter from the Chairman, Board for International
Broadcasting, transmitting the Board's annual report on its
activities, as well as its review and evaluation of the
operation of Radio Free Europe/Radio Liberty for the period
October 1, 1992 through September 30, 1993, pursuant to 22
U.S.C. 2873(a)(9); to the Committee on Foreign Affairs.
[[Page 24]]
2492. A letter from the Chairman, Advisory Commission on
Intergovernmental Relations, transmitting the Commission's
35th annual report of the Advisory Commission on
Intergovernmental Relations, pursuant to 24 U.S.C. 4275(3);
to the Committee on Government Operations.
2493. A letter from the Chairman, Farm Credit
Administration, transmitting a copy of the annual report in
compliance with the Government in the Sunshine Act during the
calendar year 1993, pursuant to 5 U.S.C. 552(b)(j); to the
Committee on Government Operations.
2494. A letter from the Administrator, General Services
Administration, transmitting notification of the
determination that it is in the public interest to make a
proposed contract award to: First, the Rappahannock Area
Development Commission [RADCO] to establish a pilot
telecommuting center in the Fredericksburg, VA, area, and
second, the city of Hagerstown, MD, to establish a pilot
telecommuting center in the Hagerstown area, pursuant to 41
U.S.C. 253(c)(7); to the Committee on Government Operations.
2495. A letter from the Secretary, Mississippi River
Commission, transmitting a copy of the annual report in
compliance with the Government in the Sunshine Act during the
calendar year 1993, pursuant to 5 U.S.C. 552B(j); to the
Committee on Government Operations.
2496. A letter from the Chairman, Occupational Safety and
Health Review Commission, transmitting the annual report
under the Federal Managers' Financial Integrity Act for
fiscal year 1993, pursuant to 31 U.S.C. 3512(c)(3); to the
Committee on Government Operations.
2497. A letter from the Executive Director, State Justice
Institute, transmitting the annual report under the Federal
Managers' Financial Integrity Act for fiscal year 1993,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Operations.
2498. A letter from the Deputy Associate Director for
Collection and Disbursement, Department of the Interior,
transmitting a report on proposed refunds of excess royalty
payments in OCS areas, pursuant to 43 U.S.C. 1339(b); to the
Committee on Natural Resources.
2499. A letter from the Secretary, Department of the
Interior, transmitting the 1993 section 8 report on national
historic and natural landmarks that have been damaged or to
which damage to their integrity is anticipated, pursuant to
16 U.S.C. 1a-5(a); to the Committee on Natural Resources.
2500. A letter from the Assistant Attorney General,
Department of Justice, transmitting a draft of proposed
legislation to allow removal of suits against the United
States and its agencies, as well as those against Federal
officers, and to allow removal of suits against Federal
agencies and officers that are brought in tribal courts,
courts of Indian offenses, and local courts of U.S.
territories and possessions; to the Committee on the
Judiciary.
2501. A letter from the Chairman, Board of Directors,
Panama Canal Commission, transmitting the Commission's
report, including unaudited financial statements, covering
the operations of the Panama Canal during fiscal year 1993,
pursuant to 22 U.S.C. 3722; to the Committee on Merchant
Marine and Fisheries.
2502. A letter from the Administrator, Federal Highway
Administration, transmitting the Department's annual report
on management systems, pursuant to Public Law 102-240,
section 1034(a) (105 Stat. 1977); to the Committee on Public
Works and Transportation.
2503. A letter from the Chairman, U.S. International Trade
Commission, transmitting the Commission's 76th quarterly
report on trade between the United States and the nonmarket
economy countries, pursuant to 19 U.S.C. 2440; to the
Committee on Ways and Means.
2504. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the Department's
Federal Equal Opportunity Recruitment Program for fiscal year
1993, pursuant to 22 U.S.C. 3905(d)(2); jointly, to the
Committees on Foreign Affairs and Post Office and Civil
Service.
2505. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification that
the President has exercised the national interest waiver
provision of section 539 of the fiscal year 1994 Foreign
Operations Appropriations Export Financing and Related
Programs Act to provide assistance to Jordan; jointly, to the
Committees on Foreign Affairs and Appropriations.
2506. A letter from the Comptroller General of the United
States, U.S. General Accounting Office, transmitting a report
entitled, ``Measuring U.S.-Canada Trade: Shifting Trade Winds
May Threaten Recent Progress'' (GAO/GGO-94-4); jointly, to
the Committees on Government Operations and Ways and Means.
2507. A letter from the Administrator, General Services
Administration, transmitting the annual report regarding the
accessibility standards issues, revised, amended, or repealed
under the Architectural Barriers Act of 1968, as amended,
pursuant to 42 U.S.C. 4151; jointly, to the Committees on
Public Works and Transportation and Education and Labor.
Para. 3.4 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed bills of the following titles, in which the
concurrence of the House is requested:
S. 469. An Act to require the Secretary of the Treasury to
mint coins in commemoration of the Vietnam Women's Memorial.
S. 1070. An Act to provide that certain politically
appointed Federal officers may not receive cash awards for a
certain period during a Presidential election year, to
prohibit cash awards to Executive Schedule officers, and for
other purposes.
S. 1618. An Act to establish Tribal Self-Governance, and
for other purposes.
S. 1624. An Act to standardize withdrawal options for
Thrift Savings Plan participants, and for other purposes.
S. 1654. An Act to make certain technical corrections.
S. 1783. An Act to amend the Mount Rushmore Commemorative
Coin Act to allow proceeds from the sale of coins to be used
to renovate the Mount Rushmore National Memorial.
S. 1784. An Act to restore the Central Council of Tlingit
and Haida Indian Tribes of Alaska to the Department of the
Interior list of Indian entities recognized and eligible to
receive services from the United States Bureau of Indian
Affairs.
The message also announced that pursuant to Public Law 102-521, the
Chair, on behalf of the Republican leader, appointed James C. Dobson,
of Colorado and Cynthia Gulley Wiedemann, of Texas, to the Commission
on Child and Family Welfare.
Para. 3.5 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
Para. 3.6 message from the president--state of small business
The SPEAKER pro tempore, Mr. VOLKMER, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
I am pleased to present my first annual report on the state of small
business. This report covers data for fiscal year 1992, a period of slow
economic recovery that occurred just before my Administration took
office.
Small businesses create many new jobs and are an important part of our
Nation's economic growth. That is why, in my first address to the Joint
Session of the Congress, I proposed some of the boldest targeted
incentives for small business in history. These measures will benefit
not only small businesses, but the American work force, our Nation's
economy, and our international competitiveness.
At the same time, we must undertake some major corrective efforts. As
small business owners will testify, the best thing the government could
do for small business and the economy is to reduce the deficit. The
primary goal of the economic program is to set the economy on the proper
course for the short- and long-term future. Deficit reduction and
shifting consumption to investment are the ways to accomplish that goal.
Reducing health care costs while ensuring that all Americans have
access to health care is another national imperative. I have said it
before: bringing health spending in line with inflation would do more
for the private sector than almost any incentive or tax cut we could
promote. At the same time, we must find a way to provide health care for
everyone. Currently two-thirds of the Americans without health insurance
are employed--many in small businesses. My health care task force has
evaluated many proposals to ensure that health care is available to
small business employees and affordable for small business owners. It
will take time to change our health care system, but we are taking the
important first steps.
We will also need to keep looking for better ways to provide for
workers upon retirement. As this report documents, pension plans, like
health plans, are much less available and affordable in small
businesses. And as the baby boom generation moves toward retirement,
issues related to Social Security and pension plan availability take on
new urgency.
Beyond these long-range efforts, I have asked the Congress to join me
in investing in small business and economic growth through specific tax
incentives, capital formation initiatives, enterprise and empowerment
zones, technology investments, and education and job training efforts.
To encourage long-term investment in small business, I supported--and
the Congress passed--a 50 percent tax exclusion on capital gains from
invest-
[[Page 25]]
ments in qualified small business stock held for at least 5 years. This
incentive, which will help small businesses raise critically needed
capital, is projected to create 80,000 new jobs over the next 5 years. I
also favored such an exclusion for investment in small business venture
capital firms targeting investments to minority-owned businesses.
Another small business incentive I supported increases the section 179
expensing limitation from $10,000 to $17,500, which will enable a number
of smaller firms to purchase equipment needed for modernization and
growth.
My Administration supports easing the regulatory burden on small firms
so that more of the time spent filling out paperwork--especially
complicated or duplicative paperwork--can be used for more productive
activities. There are a number of measures we can take. We have already
simplified the computation of certain taxes such as the alternative
minimum tax and we have eased the safe harbor rules related to
the individual estimated tax. And we can ensure that Federal agencies
comply with the Regulatory Flexibility Act, which requires them to
assess the effects of their proposed regulations on small firms.
Recent low interest rates have made resources more available to
consumers for purchasing the products and services of American business
and have made loans somewhat less expensive for the business community.
In addition, I have proposed a number of measures to make capital more
available to small business. To ease the ``credit crunch'' faced by
many small firms, new provisions are loosening restrictions on banks so
they can more easily make ``character'' loans, easing appraisal
requirements for real estate used as collateral for small business
loans, eliminating overlapping Federal regulations on lending
institutions, and establishing an appeals process for banks and
consumers who believe they have been unfairly treated by regulators.
Small and minority-owned businesses would also benefit from a
strengthened system of community development banks. A proposed
Community Development Banking and Financial Institutions Fund would
support investment in community development financial institutions
(CDFIs). These CDFIs would be a source for loans and technical
assistance to individuals and businesses in communities underserved by
traditional lending institutions.
Another way we plan to support the growth of new small enterprises,
especially in economically depressed areas, is through the
establishment of empowerment zones, enterprise communities, and rural
development investment areas. The zones and communities will be
nominated by State and local governments and chosen on a competitive
basis after certain criteria based on population, geographic area, and
poverty level are met. Businesses in these designated communities can
take advantage of expanded tax-exempt financing. Businesses in
empowerment zones will be given additional employment credits and tax
incentives.
Only by fully developing our technological and human resources can we
expect to be leaders in the international marketplace. That means
investment in technology and worker skills.
There are a number of actions we can take to remain technologically
competitive. We can extend the research and experimentation tax credit
to encourage more research activities by American small businesses. I
would like to see an expansion of the Small Business Innovation
Research program, which, as documented in this report, helps channel
Federal research funding to innovative small firms. I support a strong
Small Business Technology Transfer program in which small businesses
work with Federal laboratories and universities to develop promising
technology and introduce it into the marketplace. The manufacturing
extension centers we have proposed would help small- and medium-sized
businesses evaluate new manufacturing technology. And I'd like to see
an expansion of the Commerce Department's Advanced Technology Program,
which provides matching grants to companies working on generic
technology. Finally, we need to speed up computer networks and
coordinate Federal information and telecommunications policy.
We are looking at innovative ways to employ, train, and provide for a
work force second to none. To begin with, we have extended the targeted
jobs tax credit, which is available to employers who hire economically
disadvantaged youth and members of specific at-risk groups. But that is
just a small part of a large picture: many State, local, and private
groups are experimenting with innovative ways to develop and train a
competitive work force for the 21st century.
Clearly, our Nation faces many challenges. Fortunately, we face them
with an almost limitless resource--the variety and ingenuity of the
American people. If we can meet our national challenges with the energy
and innovative spirit of America's small business owners, we will be
doing very well. So I encourage the Members of Congress, together with
young people and small business owners and all Americans to reach into
your imaginations: dream boldly and begin something new.
William J. Clinton.
The White House, February 1, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Small Business.
Para. 3.7 recess--1:54 p.m.
The SPEAKER pro tempore, Mr. VOLKMER, pursuant to clause 12 of rule I,
declared the House in recess at 1 o'clock and 54 minutes p.m., subject
to the call of the Chair.
Para. 3.8 after recess--6:20 p.m.
The SPEAKER pro tempore, Mr. VOLKMER, called the House to order.
Para. 3.9 permission to file report
On motion of Mr. DIXON, by unanimous consent, the Committee on
Appropriations was granted permission until midnight tonight to file a
privileged report (Rept. No. 103-415) on the bill (H.R. 3759) providing
emergency supplemental appropriations for fiscal year 1994, and for
other purposes.
Mr. MYERS reserved all points of order against said bill.
Para. 3.10 subpoena
The SPEAKER pro tempore, Mr. VOLKMER, laid before the House a
communication, which was read as follows:
House of Representatives,
Washington, DC, February 1, 1994.
Hon. Thomas S. Foley,
The Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to rule L (50) of the Rules of the House, that my Committee
has been served with a subpoena issued by the United States
District Court for the District of Columbia.
After consultation with the General Counsel to the Clerk, I
have determined that compliance with the subpoena is
consistent with the privileges of the House.
Sincerely yours,
Dan Rostenkowski,
Chairman.
Para. 3.11 subpoena
The SPEAKER pro tempore, Mr. VOLKMER, laid before the House a
communication, which was read as follows:
Congress of the United States,
House of Representatives,
Washington, DC, January 26, 1994.
Hon. Thomas S. Foley,
The Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to rule L of the rules of the House that a member of my
Committee staff has been served with a subpoena issued by the
United States District Court for the District of Columbia.
After consultation with the General Counsel to the Clerk, I
have determined that compliance with the subpoena is not
inconsistent with the privileges and precedents of the House.
Sincerely,
Dan Rostenkowski.
Para. 3.12 subpoena
The SPEAKER pro tempore, Mr. VOLKMER, laid before the House a
communication, which was read as follows:
Congress of the United States,
House of Representatives,
Washington, DC, January 26, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to Rule L (50) of the Rules of
the House, this is to formally notify you that my office has
been served with a subpoena for employment and salary records
of a staff person. The subpoena was issued by the Supreme
Court of the State of New York, in connection with a civil
case on a personal injury claim.
[[Page 26]]
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
Charles B. Rangel,
Member of Congress.
Para. 3.13 senate bills referred
Bills of the Senate of the following titles were taken from the
Speaker's table and, under the rule, referred as follows:
S 469. An Act to require the Secretary of the Treasury to
mint coins in commemoration of the Vietnam Women's Memorial;
to the Committee on Banking and Finance.
S. 1070. An Act to provide that certain politically
appointed Federal officers may not receive cash awards for a
certain period during a Presidential election year, to
prohibit cash awards to Executive Schedule officers, and for
other purposes; to the Committee on Post Office and Civil
Service.
S. 1618. An Act to establish Tribal Self-Governance, and
for other purposes; to the Committee on Natural Resources.
S. 1624. An Act to standardize withdrawal options for
Thrift Savings Plan participants, and for other purposes; to
the Committee on Post Office and Civil Service.
S. 1654. An Act to make certain technical corrections; to
the Committee on Natural Resources.
S. 1761. An Act to provide early out authority for Forest
Service Employees; to the Committee on Post Office and Civil
Service.
S. 1783. An Act to amend the Mount Rushmore Commemorative
Coin Act to allow proceeds from the sale of coins to be used
to renovate the Mount Rushmore National Memorial; to the
Committee on Banking, Finance and Urban Affairs.
S. 1784. An Act to restore the Central Council of Tlingit
and Haida Indian Tribes of Alaska to the Department of the
Interior list of Indian entities recognized and eligible to
receive Services from the United States Bureau of Indian
Affairs; to the Committee on Natural Resources.
Para. 3.14 leave of absence
By unanimous consent, leave of absence was granted to Mr. HASTINGS,
until March 1.
And then,
Para. 3.15 adjournment
On motion of Mr. MICA, at 7 o'clock and 12 minutes p.m., the House
adjourned.
Para. 3.16 oath of office, members, resident commissioner, and delegates
The oath of office required by the sixth article of the Constitution
of the United States, and as provided by section 2 of the act of May 13,
1884 (23 Stat. 22), to be administered to Members, Resident
Commissioner, and Delegates of the House of Representatives, the text of
which is carried in 5 U.S.C. 3331:
``I, AB, do solemny swear (or affirm) that I will support and
defend the Constitution of the United States against all enemies,
foreign and domestic; that I will bear true faith and allegiance to
the same; that I take this obligation freely, without any mental
reservation or purpose of evasion; and that I will well and
faithfully discharge the duties of the office on which I am about to
enter. So help me God.''
has been subscribed to in person and filed in duplicate with the Clerk
of the House of Representatives by the following Member of the 103d
Congress, pursuant to the provisions of 2 U.S.C. 25:
Vernon J. Ehlers, Third District, Michigan.
Para. 3.17 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. NATCHER: Committee on Appropriations. H.R. 3759. A bill
making emergency supplemental appropriations for the fiscal
year ending September 30, 1994, and for other purposes (Rept.
No. 103-415). Referred to the Committee of the Whole House on
the State of the Union.
Para. 3.18 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Ms. ROYBAL-ALLARD:
H.R. 3754. A bill to amend the Adult Education Act to allow
for the education of eligible adults; to the Committee on
Education and Labor.
By Mr. BAKER of California (for himself, Mr. Dornan,
and Mr. Boehner):
H.R. 3755. A bill to amend the Internal Revenue Code of
1986 to provide that all highway fuel tax revenues shall be
deposited into the highway trust fund and that for a
temporary period the increased deposits will be used for the
transportation needs of areas affected by disasters, and for
other purposes; jointly, to the Committees on Public Works
and Transportation and Ways and Means.
By Mr. COX:
H.R. 3756. A bill to encourage private insurance against
earthquakes by making earthquake insurance premiums tax
deductible; to the Committee on Ways and Means.
By Mr. MINGE (for himself, Mr. Johnson of South Dakota,
Mr. Grandy, Mr. Roberts, Mr. Hoagland, Mr. Peterson
of Minnesota, Mr. Obey, Mr. Costello, Mr. Skelton,
Mr. Emerson, Ms. Danner, Mr. Leach, Mr. Glickman, Mr.
Bereuter, Mr. Barrett of Nebraska, Mr. Pomeroy, Mr.
Slattery, Mr. Manzullo, Mr. Ewing, Mr. Evans, Mr.
Lightfoot, and Ms. Long:
H.R. 3757. A bill to amend the Internal Revenue Code of
1986 to provide that a taxpayer may elect to include in
income crop insurance proceeds and disaster payments in the
year of the disaster or in the following year; to the
Committee on Ways and Means.
By Mr. WALKER:
H.R. 3758. A bill to amend the Internal Revenue Code of
1986 to allow reservists called to active duty for certain
purposes to make penalty-free withdrawals from certain
retirement plans to the extent of lost income while on active
duty; to the Committee on Ways and Means.
By Mr. BILIRAKIS (for himself, Mrs. Maloney, Mr.
Porter, Mr. Stump, Mr. McCollum, Mr. Machtley, Mr.
Fazio, Mr. Kolbe, Ms. Pelosi, Mr. King, Mr. Nadler,
Mr. Thomas of Wyoming, Mr. Rohrabacher, Mr. Rahall,
Mr. Sawyer, Mr. Shaw, Mr. Hastert, Mr. Archer, Ms.
Lowey, Mr. Filner, Mr. Miller of California, Mr.
Visclosky, Mr. McNulty, Mr. Markey, Mr. Waxman, Mr.
Lantos, Mr. Coyne, Mr. Kanjorski, Mr. Lehman, Mr.
Kleczka, Mr. Pickett, Mr. Synar, Mr. Applegate, Mr.
Hansen, Miss Collins of Michigan, Mr. Smith of Iowa,
Mr. Taylor of North Carolina, Mr. Blute, Mr. Dingell,
Mr. Wolf, Mr. Mollohan, Mr. Lewis of California, Mr.
Gonzalez, Mr. Lipinski, Mr. Evans, Mr. Hughes, Mr.
Lewis of Florida, Mr. Diaz-Balart, Mr. Pryce of Ohio,
Mr. Quinn, Mr. Goodling, Mr. Edwards of California,
Mr. Quillen, Mr. Price of North Carolina, Ms.
Slaughter, Mr. Barrett of Wisconsin, Mr. Neal of
North Carolina, and Mr. Traficant):
H.J. Res. 310. Joint resolution designating March 25, 1994,
as ``Greek Independence Day: A National Day of Celebration of
Greek and American Democracy''; to the Committee on Post
Office and Civil Service.
By Mrs. COLLINS of Illinois:
H.J. Res. 311. Joint resolution designating October 1994 as
``National Breast Cancer Awareness Month''; to the Committee
on Post Office and Civil Service.
H.J. Res. 312. Joint resolution to provide for the
designation of September 1, 1994, as ``Working Mothers'
Day''; to the Committee on Post Office and Civil Service.
H.J. Res. 313. Joint resolution to designate February 1994
as ``National Black History Month''; to the Committee on Post
Office and Civil Service.
By Mr. GREENWOOD:
H.J. Res. 314. Joint resolution designating the week
beginning October 2, 1994, as ``Chemical Dependency Nurses
Week''; to the Committee on Post Office and Civil Service.
By Mrs. SCHROEDER (for herself, Mrs. Morella, and Mr.
Reed):
H. Con. Res. 200. Concurrent resolution expressing the
sense of Congress in support of efforts to provide justice
for adult survivors of childhood sexual abuse; to the
Committee on the Judiciary.
By Mr. ROSTENKOWSKI:
H. Res. 333. Resolution providing amounts from the
contingent fund of the House for expenses of investigations
and studies by the Committee on Ways and Means in the 2d
session of the 103d Congress; to the Committee on House
Administration.
By Mr. GONZALEZ:
H. Res. 334. Resolution providing amounts from the
contingent fund of the House for expenses of investigations
and studies by the Committee on Banking, Finance and Urban
Affairs in the 2d session of the 103d Congress; to the
Committee on House Administration.
Para. 3.19 private bills and resolutions
Under clause 1 of rule XXII,
Mr. GREENWOOD introduced a bill (H.R. 3760) for the relief
of Kirsten T. Jorgensen; which was referred to the Committee
on the Judiciary.
Para. 3.20 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 39: Mr. Farr, Mr. Hoagland, and Mr. Conyers.
H.R. 56: Mr. Baker of Louisiana, Mr. Diaz-Balart, and Mrs.
Fowler.
H.R. 81: Ms. Furse and Mr. Engel.
H.R. 125: Mr. Engel.
H.R. 302: Mr. Ewing, Mr. Mann, Mr. Portman, Mr. Gilchrest,
and Mr. Moakley.
H.R. 349: Mr. Saxton.
H.R. 401: Mrs. Vucanovich.
H.R. 417: Mr. Orton, Mr. Minge, Mr. Ravenel, Mr. Pete Geren
of Texas, Mr. Knollenberg, Mr. Stenholm, Mr. Reynolds,
[[Page 27]]
Mr. Foglietta, Mr. Hayes, Mr. Callahan, and Mr. Collins of
Georgia.
H.R. 429: Mr. Canady.
H.R. 431: Mr. Rangel.
H.R. 493: Mr. McInnis.
H.R. 518: Mr. Farr and Mr. Wheat.
H.R. 662: Mr. Bartlett of Maryland.
H.R. 790: Mr. Kildee.
H.R. 794: Mr. Callahan, Mr. Skelton, and Mr. Hancock.
H.R. 831: Mr. Pombo.
H.R. 911: Mrs. Lloyd and Ms. Long.
H.R. 1007: Mr. Scott.
H.R. 1015: Mr. Blute and Mr. Stark.
H.R. 1055: Mr. Zimmer, Mr. Serrano, Mr. Tejeda, Mr. Petri,
and Mr. Minge.
H.R. 1169: Mr. Bartlett of Maryland and Mr. Stenholm.
H.R. 1296: Ms. Velazquez, Mr. Underwood, and Mr. Scott.
H.R. 1349: Mr. Grams, Ms. Schenk, Mr. Reed, Mr. Poshard,
and Mr. Mann.
H.R. 1493: Mr. Clinger, Mr. Lazio, Mr. Visclosky, and Mr.
Ballenger.
H.R. 1559: Mr. Manton.
H.R. 1604: Mr. Kildee.
H.R. 1618: Mr. Hastings.
H.R. 1718: Mr. Engel.
H.R. 1778: Mr. Lewis of California.
H.R. 1897: Mr. Gilman and Mr. Murtha.
H.R. 1910: Mr. Spratt, Mr. Shaw, Mr. Hancock, Mr. Cramer,
and Mr. Minge.
H.R. 2059: Mr. McInnis.
H.R. 2132: Mr. Sanders.
H.R. 2147: Mr. Machtley, Ms. Shepherd, Mr. Johnston of
Florida, and Ms. Furse.
H.R. 2346: Mr. Orton and Mr. Scott.
H.R. 2360: Mr. Gingrich and Mr. Kanjorski.
H.R. 2543: Ms. Roybal-Allard and Mr. Johnston of Florida.
H.R. 2788: Ms. Snowe.
H.R. 2826: Mr. Price of North Carolina, Mr. Berman, Mr.
Hinchey, Mr. Hall of Ohio, Mr. Richardson, Mr. Camp, Mr.
Royce, Mr. Sisisky, Mr. Talent, Mr. Franks of Connecticut,
Mrs. Meek, Mr. Roemer, Mr. Calvert, Mr. Lancaster, and Ms.
Furse.
H.R. 2873: Mr. Farr, Mr. Clement, Mr. Spence, Ms. Cantwell,
Mr. Borski, Mrs. Fowler, Mr. Weldon, Mr. Condit, Mr. Bliley,
Mr. Engel, Mr. Foglietta, Mr. Doolittle, Mr. Ford of
Tennessee, Mr. Hayes, Mr. Gillmor, Mr. Tucker, Mr. Costello,
and Mr. Edwards of California.
H.R. 2930: Mr. Frank of Massachusetts, Mr. Payne of New
Jersey, Mr. Reynolds, and Mr. Underwood.
H.R. 2936: Mr. Hutto.
H.R. 2938: Mr. Hutto.
H.R. 2963: Mr. Doolittle.
H.R. 3021: Mr. Barlow.
H.R. 3023: Mr. Montgomery, Mr. Solomon, Mr. Stupak, Mr.
Kopetski, Mr. Baker of Louisiana, Mr. Johnston of Florida,
Mr. Dornan, Mr. McCrery, Mr. Lancaster, Mr. Blute, Mr.
Emerson, and Mr. Kingston.
H.R. 3080: Mr. Dornan.
H.R. 3136: Mr. Ridge.
H.R. 3182: Mr. Schumer.
H.R. 3195: Mr. Nadler.
H.R. 3246: Mr. Baker of Louisiana, Mr. Boehlert, Mr.
Romero-Barcelo, Mr. Sanders, and Mr. Williams.
H.R. 3283: Mr. Hinchey.
H.R. 3288: Mrs. Fowler, Mr. Zeliff, and Mr. Roberts.
H.R. 3293: Mr. Coble, Mr. Johnston of Florida, Mr. Solomon,
and Mr. Synar.
H.R. 3309: Mr. Kreidler.
H.R. 3320: Mr. Weldon, Mr. Royce, Mr. Solomon, and Mr.
Moorhead.
H.R. 3328: Mr. Wise, Mr. Condit, Mrs. Kennelly, Mr. Jacobs,
Mr. Bacchus of Florida, and Mr. Tejeda.
H.R. 3360: Ms. Kaptur, Mr. Kingston, Mr. Hochbrueckner, Mr.
Visclosky, Mr. Bonior, Mr. Ridge, Mr. Evans, Mr. Sangmeister,
Mr. Houghton, Mr. DeFazio, Mr. Sanders, Mr. Oberstar, Ms.
Slaughter, and Mr. Romero-Barcelo.
H.R. 3363: Mr. Taylor of Mississippi.
H.R. 3372: Mr. Smith of Texas, Mr. Manton, Mr. Torricelli,
Mr. McCurdy, Mr. Washington, Mr. Tauzin, Mr. Clement, Mr.
McCloskey, Ms. Shepherd, Mr. Frank of Massachusetts, Mr.
Paxon, Mr. McCollum, Mr. Lantos, Mr. Johnson of South Dakota,
Mr. Coyne, Mr. Doolittle, Mr. Sisisky, Mr. Berman, Mr.
Inhofe, Mr. Fingerhut, Mr. Mineta, Mr. Rose, Mr. Flake, Mr.
Thompson, Mr. Horn, Mr. Spratt, Mr. Moran, and Mr. Manzullo.
H.R. 3392: Mr. Hastert, Mr. Bunning, Mr. Edwards of Texas,
Mr. Andrews of New Jersey, Mr. Barton of Texas, Mr. Dooley,
Mr. Kopetski, Mr. Baker of California, Mr. Inhofe, Mr. Leach,
Mr. Goodling, Mr. Manzullo, Mr. Calvert, Mr. Zeliff, Mr.
McKeon, Mr. Gordon, and Mr. Oxley.
H.R. 3417: Mr. Johnson of South Dakota, Mr. Inslee, Mr.
Boehner, and Mr. Peterson of Minnesota.
H.R. 3424: Mr. Solomon, Mr. Klink, Mr. Mann, and Mr.
McHale.
H.R. 3458: Mr. Fingerhut.
H.R. 3470: Mr. Royce and Mr. Bartlett of Maryland.
H.R. 3482: Mr. Nadler.
H.R. 3490: Ms. Byrne, Mr. Parker, Mr. Slattery, and Ms.
Long.
H.R. 3513: Mrs. Maloney, Mr. Swett, and Ms. Furse.
H.R. 3527: Mr. Berman, Mr. Coppersmith, Mr. Yates, and Mr.
Hochbrueckner.
H.R. 3533: Mr. Dickey.
H.R. 3546: Mr. Callahan, Mr. Quillen, Ms. Snowe, Mr. Olver,
and Mr. Minge.
H.R. 3564: Mr. Frank of Massachusetts and Mr. Faleomavaega.
H.R. 3570: Mr. Zimmer.
H.R. 3573: Mr. Darden.
H.R. 3622: Mr. Rohrabacher and Mr. Doolittle.
H.R. 3663: Mr. Stokes, Mr. Gonzalez, Ms. Slaughter, and Ms.
Velazquez.
H.R. 3727: Mr. Stearns, Mr. Klug, Mr. Fish, Mr. Diaz-
Balart, and Mr. Knollenberg.
H.J. Res. 122: Mr. Wilson, Mr. Quillen, and Mr. Engel.
H.J. Res. 242: Mr. Jefferson, Mr. Ramstad, Mr. Fawell, Mr
Abercrombie, and Mr. Farr.
H.J. Res. 278: Mr. Lipinski, Mr. Pickle, Mr. Wheat, Mr.
Evans, Mrs. Mink, and Mr. Pastor.
H. Con. Res. 91: Mr. Visclosky.
H. Con. Res. 120: Mr. Herger.
H. Con. Res. 124: Mr. Edwards of California.
H. Con. Res. 147: Mr. Filner and Mr. Kreidler.
H. Con. Res. 166: Mr. Owens, Mr. Payne of New Jersey, Mr.
Engel, Mr. Brown of Ohio, Mr. Pete Geren of Texas, Mr.
Walker, and Mr. Barton of Texas.
H. Con. Res. 188: Mr. Olver, Mr. Waxman, Mr. Pallone, Mr.
Sabo, Mr. Sanders, Mr. Torres, Mr. Wynn, Mr. Kreidler, Mr.
McDermott, Mr. Foglietta, Mr. Deutsch, and Mr. Klein.
H. Con. Res. 199: Mr. Gilman, Mr. Lewis of California, Mr.
Engel, Mr. Machtley, Mr. Hutto, Mr. Burton of Indiana, Mr.
Slattery, Mr. Peterson of Florida, Mr. Reynolds, Mr. Cramer,
Mr. Blute, Mr. Ackerman, Mr. Klein, Mr. Swett, Mr. Pallone,
Mr. Frank of Massachusetts, Mrs. Maloney, and Mr. Applegate.
H. Res. 108: Mr. Stenholm.
H. Res. 255: Ms. Furse, Mr. Quinn, Mr. Glickman, Mr. Wyden,
Mr. Inglis of South Carolina, Mr. Andrews of New Jersey, Mr.
Baker of Louisiana, Mr. Bilirakis, Mr. Bartlett of Maryland,
Mr. Allard, Mr. Bunning, and Mr. Combest.
H. Res. 330: Ms. Pryce of Ohio and Mr. Solomon.
Para. 3.21 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 2874: Mr. Thomas of Wyoming.
.
WEDNESDAY, FEBRUARY 2, 1994 (4)
The House was called to order by the SPEAKER.
Para. 4.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Tuesday, February 1, 1994.
Mr. TRAFICANT, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the nays had it.
Mr. TRAFICANT objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
237
Nays
154
When there appeared
<3-line {>
Answered present
1
Para. 4.2 [Roll No. 3]
YEAS--237
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Applegate
Bacchus (FL)
Baesler
Ballenger
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
Deal
DeFazio
DeLauro
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Frank (MA)
Frost
Furse
Gephardt
Geren
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Greenwood
Gutierrez
Hall (TX)
Hamburg
Hamilton
Harman
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Houghton
Hoyer
Hughes
Hutto
Hyde
Inglis
Inslee
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Levin
Lewis (GA)
Lipinski
Long
Lowey
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McInnis
McKinney
McNulty
Meehan
Meek
[[Page 28]]
Menendez
Miller (FL)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Myers
Nadler
Natcher
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Packard
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pombo
Pomeroy
Poshard
Price (NC)
Rahall
Reed
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sangmeister
Santorum
Sarpalius
Sawyer
Schenk
Schumer
Scott
Serrano
Sharp
Shepherd
Skaggs
Skelton
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Washington
Waters
Waxman
Wheat
Whitten
Woolsey
Wyden
Wynn
Yates
NAYS--154
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Barrett (NE)
Bartlett
Barton
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clay
Clinger
Coble
Collins (GA)
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dreier
Duncan
Dunn
Ehlers
Emerson
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Goodlatte
Goodling
Goss
Grams
Grandy
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Huffington
Hunter
Hutchinson
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kreidler
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lightfoot
Linder
Machtley
McCandless
McCollum
McCrery
McDade
McHugh
McKeon
McMillan
Meyers
Mica
Michel
Molinari
Moorhead
Morella
Murphy
Nussle
Oxley
Paxon
Petri
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Saxton
Schaefer
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (MS)
Taylor (NC)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (FL)
Zeliff
Zimmer
ANSWERED ``PRESENT''--1
Young (AK)
NOT VOTING--41
Andrews (TX)
Blackwell
Brown (CA)
Brown (FL)
Chapman
Clayton
de la Garza
Dellums
Dornan
Ford (MI)
Ford (TN)
Gejdenson
Gibbons
Gingrich
Hall (OH)
Hastings
Jefferson
Kopetski
Lehman
Lewis (FL)
Livingston
Lloyd
Matsui
Mfume
Miller (CA)
Mineta
Pickle
Rangel
Reynolds
Ridge
Sanders
Sisisky
Slattery
Smith (NJ)
Smith (OR)
Thomas (CA)
Torricelli
Watt
Williams
Wilson
Wise
So the Journal was approved.
Para. 4.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2508. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting the annual
report on its operations for fiscal year 1993, pursuant to 12
U.S.C. 635g(a); to the Committee on Banking, Finance and
Urban Affairs.
2509. A letter from the Administrator, Environmental
Protection Agency, transmitting a report entitled,
``International Anthropogenic Methane Emissions: Estimates
for 1990,'' pursuant to Public Law 101-549, section 603(b)(3)
(104 Stat. 2671; to the Committee on Energy and Commerce.
2510. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting copies of the report of
political contributions by Richard D. Kauzlarich, of
Virginia, to be Ambassador to the Republic of Azerbaijan, and
members of his family, pursuant to 22 U.S.C. 3944(b)(2); to
the Committee on Foreign Affairs.
2511. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting copies of the report of
political contributions by March Fong Eu, of California, to
be Ambassador to the Federated States of Micronesia, and
members of his family, pursuant to 22 U.S.C. 3944(b)(2); to
the Committee on Foreign Affairs.
2512. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting copies of the report of
political contributions by Josiah Horton Beeman, of the
District of Columbia, to be Ambassador to Western Samoa, and
members of his family, pursuant to 22 U.S.C. 3944(b)(2); to
the Committee on Foreign Affairs.
2513. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting copies of the report of
political contributions by Donald M. Blinken, of New York, to
be Ambassador to the Republic of Hungary, and members of his
family, pursuant to 22 U.S.C. 3944(b)(2); to the Committee on
Foreign Affairs.
2514. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on Foreign Affairs.
2515. A letter from the Comptroller General, General
Accounting Office, transmitting a compilation of GAO reports
and testimony issued during fiscal year 1993, pursuant to 31
U.S.C. 719(h); to the Committee on Government Operations.
2516. A letter from the Secretary of the Interior,
transmitting the 1994 update to the National Plan for
Research in Mining and Mineral Resources and the 1994 report
on the Mineral Institute Program of the U.S. Department of
the Interior, pursuant to 30 U.S.C. 1229(e); to the Committee
on Natural Resources.
2517. A letter from the Postmaster General, CEO, U.S.
Postal Service, transmitting a copy of the 1993 annual report
and the comprehensive statement on postal operations,
pursuant to 39 U.S.C. 2401(g); to the Committee on Post
Office and Civil Service.
Para. 4.4 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
Para. 4.5 providing for the consideration of h.r. 3425
Mr. MOAKLEY, by direction of the Committee on Rules, called up the
following resolution (H. Res. 312):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 3425) to redesignated the Environment
Protection Agency as the Department of Environmental
Protection, and for other purposes. The first reading of the
bill shall be dispensed with. All points of order against
consideration of the bill are waived. General debate shall be
confined to the bill and the amendments made in order by this
resolution and shall not exceed one hour equally divided and
controlled by the chairman and ranking minority member of the
Committee on Government Operations. After general debate the
bill shall be considered for amendment under the five-minute
rule. It shall be in order to consider as an original bill
for the purpose of amendment under the five-minute rule the
amendment in the nature of a substitute recommended by the
Committee on Government Operations now printed in the bill.
The committee amendment in the nature of a substitute shall
be considered as read. All points of order against the
committee amendment in the nature of a substitute are waived.
No amendment to the committee amendment in the nature of a
substitute shall be in order except those printed in the
report of the Committee on Rules accompanying this
resolution. Each amendment may be offered only in the order
printed in the report, may be offered only by a Member
designated in the report, shall be considered as read, shall
be debatable for the time specified in the report equally
divided and controlled by the proponent and an opponent,
shall not be subject to amendment, and shall not be subject
to a demand for division of the question in the House or in
the Committee of the Whole. All points of order against the
amendment numbered 9 in the report are waived. At the
conclusion of consideration of the bill for amendment the
Committee shall rise and report the bill to the House with
such amendments as may have been adopted. Any Member may
demand a separate vote in the House on any amendment adopted
in the Committee of the Whole to the bill or to the committee
amendment in the nature of a substitute. The previous
question shall be considered as ordered on the bill and
amendments thereto to final passage without intervening
motion expect one motion to recommit with or without
instructions.
When said resolution was considered.
After debate,
On motion of Mr. MOAKLEY, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. DURBIN, announced that the yeas had it.
Mr. GOSS objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
[[Page 29]]
Yeas
191
When there appeared
<3-line {>
Nays
227
Para. 4.6 [Roll No. 4]
YEAS--191
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Bacchus (FL)
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Blackwell
Boehlert
Bonior
Boucher
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Cooper
Coppersmith
Costello
Coyne
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Durbin
Edwards (CA)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford (MI)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Kopetski
Kreidler
LaFalce
Lambert
Lantos
Laughlin
Levin
Lewis (GA)
Lipinski
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
McNulty
Meehan
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Montgomery
Morella
Murtha
Nadler
Natcher
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Pickle
Porter
Price (NC)
Rahall
Rangel
Reed
Richardson
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Shays
Skaggs
Slaughter
Spratt
Stark
Stokes
Studds
Swett
Swift
Synar
Thompson
Thornton
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Washington
Waters
Watt
Waxman
Wheat
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--227
Allard
Applegate
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehner
Bonilla
Brewster
Browder
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Condit
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
Deal
DeLay
Diaz-Balart
Dickey
Dooley
Doolittle
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fingerhut
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Glickman
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Kasich
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
Kyl
Lancaster
LaRocco
Lazio
Leach
Levy
Lewis (CA)
Lightfoot
Linder
Livingston
Lloyd
Machtley
Manzullo
McCandless
McCollum
McCrery
McCurdy
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Moorhead
Moran
Murphy
Myers
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Sharp
Shaw
Shuster
Sisisky
Skeen
Skelton
Slattery
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Strickland
Stump
Stupak
Sundquist
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thurman
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Whitten
Williams
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--15
Andrews (TX)
Borski
Chapman
de la Garza
Dornan
Ford (TN)
Hastings
Lehman
Lewis (FL)
Meek
Reynolds
Ridge
Shepherd
Smith (OR)
Wilson
So the resolution was not agreed to.
A motion to reconsider the vote whereby said resolution was not agreed
to was, by unanimous consent, laid on the table.
Para. 4.7 hour of meeting
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 10
o'clock a.m. on Thursday, February 3, 1994.
Para. 4.8 committee election--minority
Mr. MICHEL, by unanimous consent, submitted the following privileged
resolution (H. Res. 335):
Resolved, That Representative Vernon J. Ehlers of Michigan
be and is hereby elected to the following standing committees
of the House of Representatives: The Committee on Science,
Space, and Technology, and the Committee on Public Works and
Transportation.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 4.9 subpoena
The SPEAKER pro tempore, Mr. DURBIN, laid before the House a
communication, which was read as follows:
House of Representatives,
Washington, DC, February 1, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that the Office
Supply Service has been served with a subpoena issued by the
United States District Court for the District of Columbia.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoena is
conistent with the privileges and precedents of the House.
Sincerely,
Randall B. Medlock,
Acting Director.
Para. 4.10 message from the president--federal railroad safety
The SPEAKER pro tempore, Mr. STRICKLAND, laid before the House a
message from the President, which was read as follows:
To the Congress of the United States:
I transmit herewith the 1992 annual report on the Administration of
the Federal Railroad Safety Act of 1970, pursuant to section 211 of the
Act (45 U.S.C. 440(a)).
William J. Clinton.
The White House, February 2, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Energy and Commerce.
Para. 4.11 recess--7:07 p.m.
The SPEAKER pro tempore, Mr. STRICKLAND, pursuant to clause 12 of rule
I, declared the House in recess at 7 o'clock and 7 minutes p.m., subject
to the call of the Chair.
Para. 4.12 after recess--8:55 p.m.
The SPEAKER pro tempore, Ms. SLAUGHTER, called the House to order.
Para. 4.13 providing for the consideration of h.r. 3759
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-416) the resolution (H. Res. 336) providing for the
consideration of the bill (H.R. 3759) making emergency supplemental
appropriations for the fiscal year ending September 30, 1994, and for
other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 4.14 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. LEHMAN, for today and February 3; and
To Mrs. MEEK, after 4:40 p.m. today until 2 p.m. on February 3.
Para. 4.15 adjournment
On motion of Mr. MOAKLEY, pursuant to the special order heretofore
agreed to, at 8 o'clock and 56 minutes p.m., the House adjourned until
10 o'clock a.m., on Thursday, February 3, 1994.
[[Page 30]]
Para. 4.16 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. BEILENSON: Committee on Rules. House Resolution 336.
Resolution providing for the consideration of the bill (H.R.
3759) making emergency supplemental appropriations for the
fiscal year ending September 30, 1994, and for other purposes
(Rept. No. 103-416). Referred to the House Calendar.
Para. 4.17 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Ms. BYRNE:
H.R. 3761. A bill to amend the Internal Revenue Code of
1986 to permit individual retirement accounts to be used as
security for certain business loans; to the Committee on Ways
and Means.
By Mr. GALLEGLY:
H.R. 3762. A bill to amend the Internal Revenue Code of
1986 to permit the penalty-free withdrawal of amounts in
retirement plans to pay for disaster-related expenses; to the
Committee on Ways and Means.
By Mr. GLICKMAN:
H.R. 3763. A bill to clarify the scope of the Gun-Free
School Zones Act of 1990; to the Committee on the Judiciary.
By Mr. LIVINGSTON (for himself, Ms. Dunn, and Mr. Baker
of Louisiana):
H.R. 3764. A bill to abolish the ex officio positions on
the Federal Election Commission; to the Committee on House
Administration.
By Mr. HAMILTON (for himself and Mr. Gilman) (both by
request):
H.R. 3765. A bill to repeal the Foreign Assistance Act of
1961 and provide a policy framework and authorities for
programs to promote the prosperity and security of the United
States by supporting bilateral, multilateral, and people-to-
people partnerships for the advancement of market economies
and democracy; to the Committee on Foreign Affairs.
By Mr. ROBERTS:
H.R. 3766. A bill to prohibit any Federal department or
agency from requiring any State, or political subdivision
thereof, to convert highway signs to metric units; to the
Committee on Public Works and Transportation.
By Mrs. ROUKEMA:
H.R. 3767. A bill to improve and simplify the HOME
Investment Partnerships Program, and for other purposes; to
the Committee on Banking, Finance and Urban Affairs.
By Mrs. ROUKEMA (for herself and Mr. Ridge):
H.R. 3768. A bill to transfer the emergency food and
shelter program for the homeless of the Federal Emergency
Management Agency to the Department of Housing and Urban
Development and to provide funding to States, metropolitan
cities, urban counties, and Indian tribes on a formula grant
basis for housing and related activities for the homeless in
order to give grantees maximum flexibility to meet the needs
of the homeless and to improve the efficiency and
effectiveness of the homeless housing assistance programs
under the Stewart B. McKenney Homeless Assistance Act, and
for other purposes; to the Committee on Banking, Finance and
Urban Affairs.
By Ms. SCHENK (for herself, Mr. Andrews of Maine, Mr.
Dellums, Mr. Filner, Mr. Hochbrueckner, Mr. Hunter,
Mr. Lipinski, Mr. Studds, Mr. Taylor of Mississippi,
and Mr. Traficant):
H.R. 3769. A bill to promote the construction in the United
States of modern, efficient document vessels suitable for
commercial and national defense purposes; to strengthen the
defense industrial base, and for other purposes; to the
Committee on Merchant Marine and Fisheries.
By Ms. SCHENK:
H.R. 3770. A bill to designate the United States courthouse
located at 940 Front Street in San Diego, CA, and the Federal
building attached to the courthouse as the ``Edward J.
Schwartz Courthouse and Federal Building''; to the Committee
on Public Works and Transportation.
By Mr. SCHUMER:
H.R. 3771. A bill to amend the Internal Revenue Code of
1986 to provide tax incentives for businesses participating
in gun exchange programs, and for other purposes; jointly, to
the Committees on Ways and Means and the Judiciary.
By Mr. INGLIS of South Carolina:
H.R. 3772. A bill to amend the Agricultural Trade Act of
1978 to repeal the market promotion program of the Department
of Agriculture; to the Committee on Agriculture.
H.R. 3773. A bill to amend the Rural Electrification Act of
1936 to return the Rural Electrification Administration to
its original mission of providing credit to rural electric
cooperatives which are unable to obtain needed financing in
the private sector; to the Committee on Agriculture.
H.R. 3774. A bill to repeal the Davis-Bacon Act; to the
Committee on Education and Labor.
H.R. 3775. A bill to achieve budget savings by reducing
spending by the Agency for International Development for
development assistance; to the Committee on Foreign Affairs.
H.R. 3776. A bill to reduce the Speaker of the House's
spending on salaries and expenses; to the Committee on House
Administration.
H.R. 3777. A bill to terminate funds for the Office of
Technology Assessment; to the Committee on House
Administration.
H.R. 3778. A bill to terminate funds for congressional
parking attendants and to charge for parking; to the
Committee on House Administration.
H.R. 3779. A bill to end the purchase of House calendars
and for other purposes; to the Committee on House
Administration.
H.R. 3780. A bill to direct the President to develop a plan
for transferring all real property, facilities, and equipment
of the Federal Power Marketing Administration to public and
private entities, and for other purposes; to the Committee on
Natural Resources.
H.R. 3781. A bill to amend the Intermodal Surface
Transportation Efficiency Act of 1991 to eliminate funding
for highway demonstration projects; to the Committee on
Public Works and Transportation.
By Mr. KREIDLER:
H.R. 3782. A bill to establish the Department of Energy
Facilities Closure and Reconfiguration Commission, and for
other purposes; jointly, to the Committees on Energy and
Commerce; Armed Services; Science, Space, and Technology; and
Rules.
By Mr. RICHARDSON (for himself, Mr. Kennedy, Mrs.
Morella, Mr. Synar, Mr. Bereuter, and Mr. Moran):
H.R. 3783. A bill to amend the Public Health Service Act to
provide a comprehensive program for the prevention of fetal
alcohol syndrome, and for other purposes; to the Committee on
Energy and Commerce.
By Mr. SMITH of Texas:
H.R. 3784. A bill to provide for compensation to owners of
property substantially diminished in value as a consequence
of a final decision of any U.S. agency; to the Committee on
the Judiciary.
By Mr. MYERS of Indiana:
H.J. Res. 315. Joint resolution designating May 30, 1994,
through June 6, 1994 as a ``Time for the National Observance
of the Fiftieth Anniversary of World War II''; to the
Committee on Post Office and Civil Service.
By Ms. WATERS (for herself, Mr. Manton, Mr. Filner, Mr.
Swett, Ms. Byrne, Mrs. Morella, Mr. Montgomery, Mr.
Nadler, Mr. Conyers, Mrs. Maloney, Mr. Dellums, Mr.
Ravenel, Mr. Klein, Mr. Andrews of Texas, Miss
Collins of Michigan, Mr. Schumer, Mr. Moran, Ms.
Eddie Bernice Johnson of Texas, Mrs. Clayton, Mr.
Kleczka, Mr. Kopetski, Mr. Ackerman, Mr. Gordon, Mr.
Coleman, Mr. Stokes, Mr. Lewis of California, Ms.
Woolsey, Ms. Kaptur, Mr. Peterson of Minnesota, Mr.
Fingerhut, Mrs. Unsoeld, Mr. Andrews of Maine, Mrs.
Meek of Florida, Mr. Walsh, Mr. Cramer, Mr. Hughes,
Mr. Tucker, Mrs. Lloyd, Mr. Serrano, Mr. Murtha, Ms.
Roybal-Allard, Ms. Slaughter, Mr. Underwood, Mr.
Bonior, Mr. LaFalce, Mr. Valentine, Mr. Mineta, Mr.
Gene Green of Texas, Mr. Orton, Ms. Norton, Mr. Neal
of North Carolina, and Mr. Frost):
H.J. Res. 316. Joint resolution designating March 8, 1994,
as ``International Women's Day''; to the Committee on Post
Office and Civil Service.
By Mr. ALLARD (for himself, Mr. Penny, Mr. Michel, Mr.
Gingrich, Mr. Stenholm, Mr. Armey, Mr. Deal, Mr.
Kasich, Mr. Pete Geren of Texas, Mr. Archer, Mr.
Rowland, Mr. DeLay, Mr. Jacobs, Mr. Hyde, Mr. Tauzin,
Mr. Thomas of California, Mr. Knollenberg, Mr.
Lancaster, Mr. Miller of Florida, Mr. Brewster, Mr.
Goss, Mr. Peterson of Minnesota, Mr. Grandy, Mr.
Bliley, Mr. Burton of Indiana, Mr. Walker, Mr. Baker
of California, Mr. Baker of Louisiana, Mr. Ballenger,
Mr. Bartlett of Maryland, Mr. Bateman, Mr. Bereuter,
Mr. Blute, Mr. Boehner, Mr. Bonilla, Mr. Bunning, Mr.
Buyer, Mr. Calvert, Mr. Camp, Mr. Canady, Mr. Castle,
Mr. Collins of Georgia, Mr. Combest, Mr. Cox, Mr.
Crane, Mr. Crapo, Mr. Dickey, Mr. Doolittle, Mr.
Dornan, Mr. Duncan, Ms. Dunn, Mr. Ehlers, Mr.
Emerson, Mr. Everett, Mr. Ewing, Mr. Fields of Texas,
Mrs. Fowler, Mr. Franks of New Jersey, Mr. Franks of
Connecticut, Mr. Gallegly, Mr. Gillmor, Mr. Goodling,
Mr. Greenwood, Mr. Hastert, Mr. Hefley, Mr. Herger,
Mr. Hobson, Mr. Hoekstra, Mr. Hoke, Mr. Horn, Mr.
Houghton, Mr. Inglis of South Carolina, Mr. Istook,
Mrs. Johnson of Connecticut, Mr. Sam Johnson, Mr.
Klug, Mr. Kolbe, Mr. Kyl, Mr. Lightfoot, Mr. Linder,
Mr. Livingston, Mr. McCrery, Mr. McInnis, Mr. McKeon,
Mr. McMillan, Mr. Machtley, Mr. Manzullo, Mrs. Meyers
of Kansas, Mr. Mica, Mr. Myers of Indiana, Mr.
Nussle, Mr. Oxley, Mr. Packard, Mr. Paxon, Mr. Pombo,
Mr. Portman, Ms. Pryce of Ohio, Mr. Ramstad, Mr.
Regula, Mr. Roberts, Mr. Santorum, Mr. Schaefer, Mr.
Shaw, Mr. Shays, Mr. Schiff, Mr. Shuster, Mr. Skeen,
Mr. Smith of New Jersey, Mr. Smith of Texas, Mr.
Smith of Michigan, Mr. Solomon, Mr. Spence, Mr.
Stearns, Mr. Stump, Mr. Sundquist, Mr. Talent, Mr.
Thomas of Wyoming, Mr.
[[Page 31]]
Torkildsen, Mr. Upton, Mrs. Vucanovich, Mr. Weldon,
Mr. Wolf, Mr. Zeliff, Mr. Zimmer, Mr. Clinger, Ms.
Snowe, Mr. Inhofe, and Mr. Lazio):
H. Con. Res. 201. Concurrent resolution expressing the
sense of the Congress that any Federal Government mandated
health care reform should be on-budget; to the Committee on
Government Operations.
By Mr. MICHEL:
H. Res. 335. Resolution designating minority membership on
certain standing committees of the House; considered and
agreed to.
By Mr. FROST (for himself and Ms. Eddie Bernice Johnson
of Texas):
H. Res. 337. Resolution expressing the sense of the House
of Representatives with respect to radiation experiments
conducted by the Federal Government; jointly, to the
Committees on Government Operations, Energy and Commerce, and
the Judiciary.
By Mr. MOAKLEY (for himself and Mr. Solomon):
H. Res. 338. Resolution providing amounts from the
contingent fund of the House for expenses of investigations
and studies by the Committee on Rules in the 2d session of
the 103d Congress; to the Committee on House Administration.
By Mr. STUDDS (for himself and Mr. Fields of Texas):
H. Res. 339. Resolution providing amounts for the
contingent fund of the House for expenses of investigations
and studies by the Committee on Merchant Marine and Fisheries
in the 2d session of the 103d Congress; to the Committee on
House Administration.
Para. 4.18 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 93: Mr. Barca of Wisconsin, Mr. Moran, Mr. Boehlert,
Mr. Collins of Georgia, Mr. Hobson, Mrs. Johnson of
Connecticut, Mr. McCollum, Mr. McKeon, Mrs. Morella, Ms.
Pryce of Ohio, Mr. Shays, Mr. Smith of Michigan, Mr. Stearns,
Mr. Ehlers, Mr. Hall of Texas, and Mr. Kleczka.
H.R. 292: Mr. Tejeda.
H.R. 300: Mr. Romero-Barcelo, Mr. Dickey, and Mr. Gene
Green of Texas.
H.R. 326: Mr. Brown of Ohio, Mr. Jefferson, and Mr. Miller
of California.
H.R. 349: Mr. Wise.
H.R. 392: Mr. McInnis.
H.R. 509: Mr. Hoke.
H.R. 539: Mr. Hoke.
H.R. 553: Mr. Boehlert.
H.R. 643: Mr. Kildee.
H.R. 672: Mrs. Schroeder, Mr. Kanjorski, Ms. Molinari, Mr.
Foglietta, and Mr. Mann.
H.R. 702: Mr. Myers of Indiana.
H.R. 739: Mr. Stump and Mr. Talent.
H.R. 743: Mr. Kildee.
H.R. 794: Mr. Barlow, Mr. Darden, Mr. Johnson of Georgia,
Mr. Blute, Mr. Sensenbrenner, Mr. Orton, Mr. Hutchinson, Mr.
Jefferson, Mr. Franks of Connecticut, Mr. Olver, Mr. Quillen,
Mrs. Schroeder, and Mr. Lewis of Georgia.
H.R. 830: Mr. Williams.
H.R. 840: Mr. Engel, Mr. Sanders, and Mrs. Morella.
H.R. 859: Mr. Pete Geren of Texas, Mr. Rangel, Ms. Pelosi,
Mr. Wise, Mr. Barlow, Mr. Thompson, Mr. Lipinski, Mrs. Mink
of Hawaii, Mr. Stupak, Mr. Pastor, Mr. Jefferson, Mr. Reed,
Mr. Nadler, Mr. Rahall, and Mr. Diaz-Balart.
H.R. 967: Mr. Goodlatte and Mr. Smith of New Jersey.
H.R. 1026: Mr. Bartlett of Maryland.
H.R. 1055: Mr. Camp and Ms. Pelosi.
H.R. 1127: Mr. Kildee.
H.R. 1151: Mr. Fazio, Mr. Coyne, Ms. Cantwell, and
Mrs. Schroeder.
H.R. 1168: Mr. Stump, Mr. DeLay, Mr. Lewis of Florida, Mrs.
Lloyd, and Mr. Frost.
H.R. 1219: Mr. Schumer.
H.R. 1297: Mr. Bartlett of Maryland.
H.R. 1298: Mr. Bereuter.
H.R. 1417: Mr. Engel, Mr. Miller of California, Mrs. Mink
of Hawaii, Mr. Synar, Mr. Berman, and Mr. Neal of North
Carolina.
H.R. 1482: Mr. Lazio, Mr. Kreidler, and Mr. McInnis.
H.R. 1483: Mrs. Maloney.
H.R. 1485: Mr. Pombo.
H.R. 1487: Mr. Pombo and Mr. Crapo.
H.R. 1541: Mr. Duncan.
H.R. 1627: Mr. Minge and Mr. Cunningham.
H.R. 1671: Mr. Murtha.
H.R. 1677: Mr. Dellums and Ms. Kaptur.
H.R. 1793: Mr. Tucker and Mr. Swett.
H.R. 1801: Mr. Ridge and Mr. Santorum.
H.R. 1823: Mr. Filner and Mr. Dellums.
H.R. 1843: Mr. Deutsch.
H.R. 1852: Mr. Lazio, Mr. Franks of New Jersey, Mr. Brown
of Ohio, and Mr. Wheat.
H.R. 1853: Mr. Lazio and Mr. McInnis.
H.R. 1856: Mr. Kingston and Mr. Wheat.
H.R. 1857: Mr. Wheat and Mr. McInnis.
H.R. 1858: Mr. Paxon.
H.R. 1859: Mr. Wheat.
H.R. 1860: Mr. Kingston.
H.R. 1872: Mr. Clinger.
H.R. 1886: Mr. McCurdy, Mrs. Meek of Florida, Mr. Lewis of
Georgia, Mr. Hochbrueckner, Mr. Gingrich, Mr. Klug, Mr.
Sanders, Mr. Faleomavaega, Ms. Slaughter, Mr. Applegate, Mr.
Inslee, and Mr. Stupak.
H.R. 1938: Mr. Grandy.
H.R. 2035: Mr. Kildee.
H.R. 2036: Mr. Kildee.
H.R. 2037: Mr. Kildee.
H.R. 2062: Mr. King.
H.R. 2079: Mr. Lipinski and Mr. Dellums.
H.R. 2092: Mr. Mineta.
H.R. 2135: Mr. Tejeda and Mr. Stupak.
H.R. 2318: Mr. Spence, Mr. Ravenel, Mr. Durbin, Mr.
Emerson, Mr. Stenholm, Mr. Spratt, and Mr. Kleczka.
H.R. 2319: Mr. Farr.
H.R. 2365: Mr. Brown of Ohio, Mr. Wyden, Ms. Margolies-
Mezvinsky, Mr. Pallone, Mr. Studds, and Ms. Schenk.
H.R. 2375: Mr. Sanders.
H.R. 2790: Ms. Byrne.
H.R. 2872: Mr. Herger, Mr. Packard, Mr. Collins of Georgia,
Mr. Inhofe, Mr. Kasich, Mr. Schaefer, Mr. Goodlatte, Mr.
Lewis of California, Mr. Petri, and Mr. Everett.
H.R. 2898: Mr. Bilbray and Mr. Stark.
H.R. 2927: Mr. Grandy, Mr. Kanjorski, Mr. Swift, Mr. Farr,
Mr. Clyburn, Mr. Bereuter, and Mr. Durbin.
H.R. 2958: Mr. Tucker and Mr. Nadler.
H.R. 2995: Mr. Barrett of Nebraska, Mr. Frank of
Massachusetts, and Mr. Fields of Texas.
H.R. 3039: Mr. Dreier, Mr. Ramstad, Mr. Deutsch, Mr. Smith
of Oregon, Mr. Wolf, and Mr. Baker of Louisiana.
H.R. 3041: Mr. Weldon.
H.R. 3153: Mr. Bishop.
H.R. 3228: Mr. Nadler.
H.R. 3259: Mr. Jefferson.
H.R. 3269: Mr. Durbin, Mr. Machtley, Ms. Furse, Mr. Inslee,
Mr. Sanders, Mr. Peterson of Minnesota, Mr. Saxton, Mr.
Kingston, Mr. McCloskey, Mr. Hughes, and Mr. Cramer.
H.R. 3272: Mr. Shaw.
H.R. 3296: Mr. Dellums, Mr. Filner, and Mr. Johnston of
Florida.
H.R. 3328: Mr. Gallegly, Mr. Orton, Mrs. Maloney, Mr.
Roberts, Ms. Schenk, and Mr. Pallone.
H.R. 3389: Mr. Sanders.
H.R. 3407: Mr. Burton of Indiana, Mr. Ewing, Mr. Penny, Mr.
Wilson, Mrs. Meyers of Kansas, Mr. Doolittle, Mr. Cramer, Mr.
Rahall, Mr. Filner, Mr. Hoekstra, Mr. Stearns, Mr. Kolbe, Mr.
Houghton, Mr. Klink, and Mr. Talent.
H.R. 3492: Mr. Manton, Mr. Shuster, Mr. Cramer, Mr. Deal,
Mr. Pickett, Mr. Sisisky, Mr. Burton of Indiana, Mr.
Hoekstra, Mr. Quillen, Mr. Bilirakis, and Mr. Bacchus of
Florida.
H.R. 3513: Ms. Long and Mr. Peterson of Minnesota.
H.R. 3519: Mr. Smith of Texas, Mr. Frost, Mr. Williams, Mr.
Fingerhut, and Mr. Lancaster.
H.R. 3527: Mr. Hoagland, Mr. Sabo, Mr. Manton, Mr. Markey,
Mr. Johnston of Florida, and Mr. Mann.
H.R. 3591: Ms. Margolies-Mezvinsky.
H.R. 3615: Mr. Orton.
H.R. 3645: Mr. Ballenger and Mr. Fields of Texas.
H.R. 3658: Mr. Edwards of California, Mr. Zimmer, and Ms.
Eshoo.
H.R. 3698: Mr. Smith of Michigan, and Mr. Linder.
H.R. 3721: Mr. Frost.
H.R. 3727: Ms. Molinari, Mr. Everett, Mr. Franks of New
Jersey, Mr. Blute, Mr. Doolittle, Mr. Gallegly, Mr. Baker of
California, Mr. Herger, and Mr. Pombo.
H.R. 3746: Mr. Andrews of New Jersey, Mr. Hughes, and Mr.
Payne of New Jersey.
H.J. Res. 113: Ms. Slaughter.
H.J. Res. 146: Mr. McInnis.
H.J. Res. 209: Mr. Blackwell, Mr. Waxman, Mr. Lewis of
Georgia, Mr. Hamburg, Mr. Engel, and Mr. Shays.
H.J. Res. 233: Mr. Smith of New Jersey.
H.J. Res. 253: Mr. Schaefer.
H.J. Res. 285: Mr. Fingerhut, Mr. Quinn, and Mr. Hughes.
H.J. Res. 304: Mr. Payne of New Jersey, Mr. Wilson, Mr.
Bilirakis, Mr. Hefner, Mr. Reynolds, Mr. Cramer, Mr.
Underwood, Mr. Murtha, Mrs. Maloney, Mr. Klein, Mr. Bevill,
Mr. Greenwood, Mr. Martinez, Mr. Wolf, Mr. Yates, Mr.
Kleczka, Mr. Montgomery, Mr. Kasich, Mr. Myers of Indiana,
Mr. Lipinski, Mr. Gordon, Mr. Gene Green of Texas, Mr. Frost,
Mr. Johnson of South Dakota, and Mr. Studds.
H. Con. Res. 104: Mr. Herger.
H. Con. Res. 107: Mr. Machtley, Mrs. Unsoeld, Mr. Kleczka,
Mr. Gallo, and Mr. Swett.
H. Con. Res. 110: Mr. Mazzoli and Mr. Sundquist.
H. Con. Res. 124: Mr. Ford of Michigan, Mr. Bereuter, and
Mr. Manzullo.
H. Con. Res. 141: Mr. Barlow.
H. Con. Res. 147: Mr. Dellums.
H. Con. Res. 148: Mr. Quillen and Mr. Calvert.
H. Res. 181: Mr. Bartlett of Maryland.
H. Res. 225: Mr. Sanders, Mr. Sam Johnson, Mr. Schaefer,
and Mr. Baker of Louisiana.
H. Res. 281: Mr. Darden, Mr. Baesler, Ms. Lambert, Mr.
Oberstar, Mr. Mann, Mr. Price of North Carolina, Mr.
Torricelli, Mr. Wheat, and Mr. Neal of Massachusetts.
H. Res. 310: Mr. Gene Green of Texas, Mr. Frost, Mr. Coble,
Mr. Ford of Michigan, and Mr. Hutto.
Para. 4.19 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 1200: Mr. Fields of Louisiana.
.
THURSDAY, FEBRUARY 3, 1994 (5)
The House was called to order by the SPEAKER.
Para. 5.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of
[[Page 32]]
the proceedings of Wednesday, February 2, 1994.
Mr. TRAFICANT, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Mr. TRAFICANT objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER, pursuant to clause 5, rule I, announced that the vote
would be postponed until later today.
The point of no quorum was considered as withdrawn.
Para. 5.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2518. A letter from the Secretary of Transportation,
transmitting the Department's fiscal year 1993 annual report
to Congress on progress in conducting environmental remedial
action at federally owned or operated facilities, pursuant to
Public law 99-499, section 120(e)(5) (100 Stat. 1669); to the
Committee on Energy and Commerce.
2519. A letter from the Director, Defense Security
Assistance Agency, transmitting the Department of the Army's
proposed lease of defense articles to Jordan (Transmittal No.
08-94), pursuant to 22 U.S.C. 2796a(a); to the Committee on
Foreign Affairs.
2520. A letter from the Director, Defense Security
Assistance Agency, transmitting a report containing the
status of each loan and each contract of guaranty or
insurance to which there remains outstanding any unpaid
obligation or potential liability and the status of each
extension of credit for the procurement of defense articles
or services as of September 30, 1993, pursuant to 22 U.S.C.
2765(a); to the Committee on Foreign Affairs.
2521. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a report on the
U.S. implementation of the Nairobi Forward-Looking Strategies
for the Advancement of Women, pursuant to Public Law 102-138,
section 192(a) (105 Stat. 683); to the Committee on Foreign
Affairs.
2522. A communication from the President of the United
States, transmitting a report on the Federal agencies'
implementation of the Privacy Act of 1974, as amended for the
Calendar years 1990 and 1991, pursuant 5 U.S.C. 552a; to the
Committee on Government Operations.
2523. A letter from the Executive Director, Federal
Retirement Thrift Investment Board; transmitting a report of
activities under the Freedom of Information Act for calendar
year 1993, pursuant to 5 U.S.C. 552(e); to the Committee on
Government Operations.
2524. A letter from the Administrator, National Aeronautics
and Space Administration, transmitting the Administration's
report on mixed waste streams, pursuant to 43 U.S.C. 6965; to
the Committee on Government Operations.
2525. A letter from the Acting Archivist, National Archives
and Records Administration; transmitting the eighth annual
report of the Archivist of the United States, which covers
the fiscal year ending September 30, 1992, pursuant to 44
U.S.C. 2106; to the Committee on Government Operations.
2526. A letter from the Chairman, National Transportation
Safety Board; transmitting the annual report under the
Federal Managers' Financial Integrity Act for fiscal year
1993, pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Operations.
2527. A letter from the Chairman, U.S. Merit Systems
Protection Board; transmitting a copy of the annual report in
compliance with the Government in the Sunshine Act during the
calendar year 1993, pursuant to 5 U.S.C. 552b; to the
Committee on Government Operations.
2528. A letter from the Director, U.S. Office of Personnel
Management, transmitting the annual report under the Federal
Managers' Financial Integrity Act for fiscal year 1993,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Operations.
2529. A letter from the Deputy Associate Director for
Collection and Disbursement, Department of the Interior,
transmitting a report on proposed refunds of excess royalty
payments in OCS areas, pursuant to 43 U.S.C. 1339(b); to the
Committee on Natural Resources.
2530. A letter from the Acting Assistant Secretary of the
Army (Civil Works), Department of Defense, transmitting the
Department's annual report on the list of incomplete water
resources studies which have been authorized, but for which
no funds have been appropriated during the preceding 5 full
fiscal years (fiscal years 1988-1992), pursuant to 33 U.S.C.
2264; to the Committee on Public Works and Transportation.
2531. A letter from the Secretary of State, transmitting a
draft of proposed legislation entitled, ``Peace, Prosperity,
and Democracy Act of 1994''; jointly, to the Committees on
Foreign Affairs; Banking, Finance and Urban Affairs;
Agriculture; Rules; Armed Services; Merchant Marine and
Fisheries; Post Office and Civil Service; and the Permanent
Select Committee on Intelligence.
Para. 5.3 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed without amendment bills of the House of the
following titles:
H.R. 1303. An Act to designate the Federal building and
United States courthouse located at 402 East State Street in
Trenton, New Jersey, as the ``Clarkson S. Fisher Federal
Building and United States Courthouse''.
H.R. 2223. An Act to designate the Federal building located
at 525 Griffin Street in Dallas, Texas, as the ``A. Macco
Smith Federal Building''.
H.R. 2555. An Act to designate the Federal building located
at 100 East Fifth Street in Cincinnati, Ohio, as the ``Potter
Stewart United States Courthouse''.
H.R. 3186. An Act to designate the United States courthouse
located in Houma, Louisiana, as the ``George Arceneaux, Jr.,
United States Courthouse''.
H.R. 3356. An Act to designate the United States courthouse
under construction at 611 Broad Street, in Lake Charles,
Louisiana, as the ``Edwin Ford Hunter, Jr., United States
Courthouse''.
The message also announced that the Senate had passed with amendments
in which the concurrence of the House is requested, a bill of the House
of the following title:
H.R. 2868. An Act to designate the Federal building located
at 600 Camp Street in New Orleans, Louisiana, as the ``John
Minor Wisdom United States Courthouse''.
The message also announced that the Senate had passed bills of the
following titles, in which the concurrence of the House is requested:
S. 812. An Act to designate the Federal courthouse in
Denver, Colorado, as the ``Byron White Federal Courthouse'',
and for other purposes.
S. 1206. An Act to redesignate the Federal building located
at 380 Trapelo Road in Waltham, Massachusetts, as the
``Frederick C. Murphy Federal Center''.
S. 1314. An Act to designate the United States courthouse
located in Bridgeport, Connecticut as the ``Brien McMahon
Federal Building''.
S. 1650. An Act to designate the United States courthouse
for the Eastern District of Virginia in Alexandria, Virginia,
as the ``Albert V. Bryan United States Courthouse''.
Para. 5.4 unfinished business--approval of the journal
The SPEAKER pro tempore, Mr. CLYBURN, pursuant to clause 5, rule I,
announced the unfinished business to be the question on agreeing to the
Chair's approval of the Journal of Wednesday, February 2, 1994.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. CLYBURN, announced that the yeas had it.
Mr. TUCKER objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
245
When there appeared
<3-line {>
Nays
144
Para. 5.5 [Roll No. 5]
YEAS--245
Abercrombie
Andrews (ME)
Andrews (NJ)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Boucher
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Greenwood
Gutierrez
Hamburg
Hamilton
Hansen
Harman
Hayes
Hefner
Hilliard
Hoagland
Hobson
Hochbrueckner
Holden
Houghton
Hoyer
Hughes
Hutto
Inglis
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kasich
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Levin
Lewis (GA)
Lipinski
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCollum
McCurdy
McDermott
McHale
McInnis
McKinney
[[Page 33]]
McNulty
Meehan
Menendez
Mfume
Mica
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Myers
Nadler
Natcher
Neal (MA)
Neal (NC)
Oberstar
Obey
Ortiz
Orton
Pallone
Parker
Pastor
Payne (NJ)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Poshard
Price (NC)
Rahall
Rangel
Reed
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Schenk
Schumer
Serrano
Sharp
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Washington
Waters
Watt
Waxman
Wheat
Wise
Woolsey
Wyden
Wynn
Yates
Young (FL)
NAYS--144
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clay
Coble
Collins (GA)
Cox
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dreier
Duncan
Dunn
Ehlers
Emerson
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gingrich
Goodlatte
Goss
Grams
Grandy
Hancock
Hefley
Herger
Hoekstra
Hoke
Horn
Huffington
Hunter
Hutchinson
Hyde
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lightfoot
Linder
Livingston
Manzullo
McCandless
McDade
McHugh
McMillan
Meyers
Michel
Miller (FL)
Molinari
Moorhead
Nussle
Oxley
Packard
Paxon
Petri
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Saxton
Schaefer
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (TX)
Snowe
Spence
Stearns
Stump
Sundquist
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Zeliff
Zimmer
NOT VOTING--44
Ackerman
Andrews (TX)
Bentley
Borski
Brown (CA)
Chapman
Collins (IL)
Crane
Dornan
Everett
Ford (MI)
Goodling
Gunderson
Hall (OH)
Hall (TX)
Hastert
Hastings
Hinchey
Kennedy
Lehman
Lewis (FL)
Lloyd
Machtley
McCrery
McKeon
Meek
Morella
Murphy
Olver
Owens
Payne (VA)
Pombo
Pomeroy
Reynolds
Roukema
Scott
Shepherd
Smith (OR)
Solomon
Torricelli
Whitten
Williams
Wilson
Young (AK)
So the Journal was approved.
Para. 5.6 messages from the president
Sundry messages in writing from the President of the United States
were communicated to the House by Mr. Edwin Thomas, one of his
secretaries.
Para. 5.7 providing for the consideration of h.r. 3759
Mr. BEILENSON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 336):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 3759) making emergency supplemental
appropriations for the fiscal year ending September 30, 1994,
and for other purposes. The first reading of the bill shall
be dispensed with. All points of order against the bill and
against its consideration are waived. General debate shall be
confined to the bill and shall not exceed one hour equally
divided and controlled by the chairman and ranking minority
member of the Committee on Appropriations. After general
debate the bill shall be considered for amendment under the
five-minute rule and shall be considered as read. No
amendment shall be in order except the amendments printed in
the report, of the Committee on Rules accompanying this
resolution. Each amendment may be offered only in the order
printed in the report, may be offered only by a Member
designated in the report, shall be considered as read, shall
be debatable for the time specified in the report equally
divided and controlled by the proponent and an opponent,
shall not be subject to amendment, and shall not be subject
to a demand for division of the question in the House or in
the Committee of the Whole. All points of order against the
amendments printed in the report are waived. With the
concurrence of the minority leader, the amendment numbered 2
in part 1 of the report may be offered in a modified form
that is germane to its printed form. If more than one of the
amendments printed in part 2 of the report is adopted, only
the last to be adopted shall be considered as finally adopted
and reported to the House. At the conclusion of consideration
of the bill for amendment the Committee shall rise and report
the bill to the House with such amendments as may have been
finally adopted. The previous question shall be considered as
ordered on the bill and amendments thereto to final passage
without intervening motion except one motion to recommit.
When said resolution was considered.
After debate,
Mr. BEILENSON moved the previous question on the resolution to its
adoption or rejection.
The question being put, viva voce,
Will the House now order the previous question?
The SPEAKER pro tempore, Mr. TUCKER, announced that the yeas had it.
Mr. DREIER objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
244
When there appeared
<3-line {>
Nays
168
Para. 5.8 [Roll No. 6]
YEAS--244
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (TX)
Hamburg
Hamilton
Harman
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennelly
Kildee
Kim
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Levin
Lewis (CA)
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDade
McDermott
McHale
McKinney
McNulty
Meehan
Menendez
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Myers
Nadler
Natcher
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Payne (NJ)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Washington
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--168
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Coble
Collins (GA)
Combest
Cox
[[Page 34]]
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lightfoot
Linder
Livingston
Machtley
Manzullo
McCandless
McCollum
McCrery
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Nussle
Oxley
Packard
Pastor
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Stearns
Stump
Sundquist
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--21
Andrews (TX)
Bentley
Browder
Chapman
Collins (IL)
Crane
Ford (MI)
Hall (OH)
Hastings
Kennedy
Kleczka
Lehman
Lewis (FL)
Meek
Mfume
Murphy
Payne (VA)
Reynolds
Shepherd
Smith (OR)
Spence
So the previous question on the resolution was ordered.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. TUCKER, announced that the yeas had it.
Mr. BONIOR demanded a recorded vote on agreeing to said resolution
which demand was supported by one-fifth of a quorum, so a recorded vote
was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
342
<3-line {>
affirmative
Nays
65
Para. 5.9 [Roll No. 7]
AYES--342
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Applegate
Bacchus (FL)
Bachus (AL)
Baesler
Baker (LA)
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bateman
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Byrne
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Clay
Clayton
Clement
Clinger
Clyburn
Collins (GA)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dickey
Dicks
Dingell
Dixon
Dooley
Dreier
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grandy
Green
Gunderson
Gutierrez
Hall (TX)
Hamburg
Hamilton
Harman
Hastert
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Hoyer
Hughes
Hunter
Hutchinson
Hyde
Inglis
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Levin
Levy
Lewis (CA)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCrery
McDade
McDermott
McHale
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Menendez
Meyers
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Nadler
Natcher
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Payne (NJ)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pomeroy
Porter
Poshard
Price (NC)
Quillen
Quinn
Rahall
Rangel
Ravenel
Reed
Regula
Richardson
Ridge
Roemer
Rogers
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Shays
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Synar
Talent
Tanner
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Walker
Walsh
Washington
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Zeliff
NOES--65
Allard
Archer
Armey
Baker (CA)
Ballenger
Bartlett
Barton
Boehner
Bonilla
Buyer
Callahan
Coble
Coleman
Combest
Cox
Crapo
DeLay
Diaz-Balart
Doolittle
Dornan
Duncan
Ewing
Fawell
Fields (TX)
Franks (CT)
Gilchrest
Grams
Greenwood
Hancock
Hansen
Hefley
Herger
Hobson
Houghton
Huffington
Inhofe
Istook
Johnson, Sam
McCollum
McHugh
Mica
Paxon
Pombo
Portman
Pryce (OH)
Ramstad
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Sensenbrenner
Shaw
Shuster
Smith (MI)
Stearns
Stump
Thomas (WY)
Torkildsen
Upton
Vucanovich
Young (AK)
Young (FL)
Zimmer
NOT VOTING--26
Andrews (TX)
Bentley
Chapman
Collins (IL)
Crane
Hall (OH)
Hastings
Hutto
Kennedy
Kopetski
Lehman
Lewis (FL)
McCurdy
Meek
Mfume
Murphy
Owens
Payne (VA)
Reynolds
Rose
Schaefer
Sharp
Shepherd
Smith (OR)
Swift
Tauzin
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 5.10 order of business--consideration of amendment--h.r.3759
On motion of Mr. TRAFICANT, by unanimous consent,
Ordered, That it may be in order to consider the Traficant amendment,
as follows: debatable for ten minutes, equally divided between Mr.
Traficant and an opponent; that in the order of consideration of the
amendments as printed in Part 1 of House Report 103-416 to accompany
House Resolution 336, the amendment shall be considered as amendment
number 4, as if printed in said report; and that all points of order
against said amendment are hereby waived.
Para. 5.11 emergency supplemental appropriations-fy 1994
The SPEAKER pro tempore, Mr. TUCKER, pursuant to House Resolution 336
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 3759) making emergency supplemental appropriations for the fiscal
year ending September 30, 1994, and for other purposes.
The SPEAKER pro tempore, Mr. TUCKER, by unanimous consent, designated
Mrs. KENNELLY as Chairman of the Committee of the Whole; and after some
time spent therein,
Para. 5.12 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. FRANK:
Page 5, strike line 3 and all that follows through page 8,
line 10.
Page 8, line 11, strike ``302'' and insert ``301''.
Page 8, strike line 18 and all that follows through page 9,
line 2.
[[Page 35]]
It was decided in the
Yeas
158
<3-line {>
negative
Nays
260
Para. 5.13 [Roll No. 8]
AYES--158
Abercrombie
Allard
Andrews (ME)
Archer
Ballenger
Barca
Barcia
Barrett (NE)
Barrett (WI)
Barton
Becerra
Bereuter
Bilbray
Bilirakis
Bonilla
Boucher
Brewster
Brown (OH)
Bryant
Bunning
Burton
Cantwell
Cardin
Castle
Clay
Clayton
Coble
Collins (GA)
Collins (MI)
Combest
Conyers
Coppersmith
Cox
Coyne
Crapo
Danner
Deal
DeFazio
DeLay
Dellums
Deutsch
Dornan
Dreier
Duncan
Edwards (CA)
Ehlers
English
Evans
Ewing
Fawell
Filner
Fingerhut
Flake
Ford (TN)
Frank (MA)
Franks (NJ)
Furse
Gonzalez
Goodlatte
Gordon
Goss
Grams
Grandy
Green
Hamburg
Hancock
Herger
Hoekstra
Hoke
Huffington
Inglis
Inslee
Jacobs
Johnson (CT)
Johnson (SD)
Johnston
Kennedy
Kim
Kingston
Kleczka
Klein
Klug
Kreidler
LaRocco
Lazio
Leach
Maloney
Mann
Manzullo
Margolies-Mezvinsky
McDermott
McKinney
Meehan
Menendez
Mica
Minge
Mink
Morella
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Olver
Owens
Pallone
Payne (NJ)
Payne (VA)
Penny
Peterson (MN)
Petri
Pombo
Porter
Portman
Poshard
Quinn
Ramstad
Rangel
Regula
Ridge
Rohrabacher
Roth
Roukema
Royce
Rush
Sanders
Santorum
Schiff
Schroeder
Schumer
Sensenbrenner
Serrano
Shays
Smith (MI)
Snowe
Stenholm
Strickland
Studds
Stupak
Swett
Synar
Taylor (NC)
Thomas (WY)
Towns
Unsoeld
Valentine
Velazquez
Vento
Washington
Watt
Waxman
Wheat
Williams
Woolsey
Wyden
Yates
Zimmer
NOES--260
Ackerman
Andrews (NJ)
Applegate
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Barlow
Bartlett
Bateman
Beilenson
Berman
Bevill
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonior
Borski
Brooks
Browder
Brown (CA)
Brown (FL)
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Carr
Clement
Clinger
Clyburn
Coleman
Condit
Cooper
Costello
Cramer
Cunningham
Darden
de la Garza
de Lugo (VI)
DeLauro
Derrick
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dunn
Durbin
Edwards (TX)
Emerson
Engel
Eshoo
Everett
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Fields (TX)
Fish
Foglietta
Ford (MI)
Fowler
Franks (CT)
Frost
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodling
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Hinchey
Hoagland
Hobson
Hochbrueckner
Holden
Horn
Houghton
Hoyer
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inhofe
Istook
Jefferson
Johnson (GA)
Johnson, E.B.
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kennelly
Kildee
King
Klink
Knollenberg
Kolbe
Kopetski
Kyl
LaFalce
Lambert
Lancaster
Lantos
Laughlin
Levin
Levy
Lewis (CA)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Manton
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meek
Meyers
Michel
Miller (FL)
Mineta
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Murtha
Natcher
Oberstar
Obey
Ortiz
Orton
Oxley
Packard
Parker
Pastor
Paxon
Pelosi
Peterson (FL)
Pickett
Pickle
Price (NC)
Pryce (OH)
Quillen
Rahall
Ravenel
Reed
Richardson
Roberts
Roemer
Rogers
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Rowland
Roybal-Allard
Sabo
Sangmeister
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Scott
Sharp
Shaw
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Smith (TX)
Solomon
Spence
Spratt
Stearns
Stokes
Stump
Sundquist
Swift
Talent
Tanner
Tauzin
Taylor (MS)
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Traficant
Tucker
Upton
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Weldon
Wilson
Wise
Wolf
Wynn
Young (AK)
Young (FL)
Zeliff
NOT VOTING--20
Andrews (TX)
Bentley
Chapman
Collins (IL)
Crane
Hastings
Hilliard
Lehman
Lewis (FL)
Markey
Mfume
Miller (CA)
Murphy
Pomeroy
Reynolds
Shepherd
Smith (OR)
Stark
Underwood (GU)
Whitten
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. BEILENSON, assumed the Chair.
When Mrs. KENNELLY, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
Para. 5.14 order of business--consideration of amendments--h.r. 3759
On motion of Mr. HOYER, by unanimous consent,
Ordered, That, after the disposition of the amendment numbered 3 (the
Fazio amendment) of Part 2 of the House Report 103-416 to accompany
House Resolution 336, it may be in order to consider the amendment
numbered 2 (the Clay/Hoyer amendment) of Part 1 of said report, under
the provisions of House Resolution 336.
Para. 5.15 emergency supplemental appropriations-fy 1994
The SPEAKER pro tempore, Mr. BEILENSON, pursuant to House Resolution
336 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the further consideration
of the bill (H.R. 3759) making emergency supplemental appropriations for
the fiscal year ending September 30, 1994, and for other purposes.
Mrs. KENNELLY, Chairman of the Committee of the Whole, resumed the
chair; and after some time spent therein,
Para. 5.16 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. MYERS:
At the end of the bill:
(1) Insert the text of H.R. 3511, as reported by the
Committee on Appropriations, making rescissions of $2.561
billion: and
(2) insert at the end thereof the following new sections:
Sec. . Rescission of Funds Connected With Reduction in
Full Time Equivalent Positions.--Of the aggregate funds made
available to executive departments and agencies in
appropriations Acts for fiscal year 1994 for purposes of
employee compensation, with the exception of the Department
of Defense, $750,000,000 is rescinded. The Director of the
Office of Management and Budget shall allocate such
rescission among the appropriate accounts and shall submit to
the Congress a report setting forth such allocation;
Sec. . Reduction in Administrative Expenses.
(a) Budget Obligations.--
(1) In general.--The amount obligated by all departments
and agencies, with the exception of the Department of
Defense, for expenses during fiscal year 1994 shall be
reduced by an amount sufficient to result in a reduction of
$3,200,000,000 in outlays for expenses during fiscal year
1994. The Director of the Office of Management and Budget
shall establish obligation limits for each agency and
department in order to carry out the provision of this
section.
Sec. . Rescission of Funds for Community Development
Grants.
Of the funds made available under the heading ``Community
Planning and Development--Community Development Grants'' in
the Department of Veterans Affairs, Housing and Urban
Development and Independent Agencies Appropriations Act, 1994
(Pub. L. 103-124) for grants, $400,000,000 is rescinded.
Sec. . Rescission of Funds for MK-19 Grenade Launcher
Program.
Of the funds made available under the heading ``Procurement
of Weapons and Tracked Combat Vehicles, Army'' in the
Department of Defense Appropriations Act, 1994 (Pub. L. 103-
139), $15,000,000 is rescinded, to be derived from the MK-19
Grenade Launcher Program.
Sec. . Rescission of Funds for NOAA Research Fleet.
Of the funds made available under the heading ``National
Oceanic and Atmospheric Administration'' in the Department of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1994 (Pub. L. 103-121),
$17,000,000 is rescinded.
Sec. . Rescission of Funds for EDA.
Of the funds made available under the heading ``Economic
Development Administration--Economic Development Assistance
Programs'' in the Departments of Commerce, Justice and State,
the Judiciary and Related Agencies Appropriations Act, 1994
(Pub. L. 103-121), $25,000,000 is rescinded.
Sec. . Rescission of Funds for House Franking.
Of the funds made available under the heading ``House of
Representatives--Salaries and Expenses'' in the Legislative
Branch Appropriations Act, 1994 (Pub. L. 103-69), $2,000,000
is rescinded, to be derived from ``Official Mail Costs''.
[[Page 36]]
Sec. . Rescission of Funds for World Bank.
(5) ``Shipbuilding and Conversion, Navy'': $50,000,000 to
be derived from advance procurement of LHD-7.
Sec. . Rescission of Funds for Legislative Branch.
(a) In general.--The funds made available for each account
in the Legislative Branch Appropriations Act, 1994 (Pub. L.
103-69), are rescinded by 1.3 percent of such funds.
It was decided in the
Yeas
207
<3-line {>
negative
Nays
211
Para. 5.17 [Roll No. 9]
AYES--207
Allard
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Bartlett
Barton
Bateman
Bereuter
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Browder
Brown (OH)
Bunning
Burton
Buyer
Callahan
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Cox
Crapo
Cunningham
DeLay
Diaz-Balart
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
English
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Furse
Gallegly
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hoagland
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson (GA)
Johnson, Sam
Kasich
King
Kingston
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaRocco
Leach
Levy
Lightfoot
Linder
Livingston
Lloyd
Long
Machtley
Mann
Manzullo
Margolies-Mezvinsky
McCollum
McCrery
McCurdy
McDade
McHugh
McInnis
McMillan
Meehan
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Morella
Myers
Neal (NC)
Nussle
Orton
Oxley
Packard
Paxon
Payne (VA)
Penny
Peterson (MN)
Petri
Pickle
Pombo
Porter
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Santorum
Saxton
Schaefer
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Slattery
Smith (MI)
Smith (NJ)
Smith (TX)
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Swett
Talent
Tanner
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Valentine
Vucanovich
Walker
Wilson
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--211
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Applegate
Baesler
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Brown (CA)
Brown (FL)
Bryant
Byrne
Calvert
Cantwell
Cardin
Carr
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Conyers
Costello
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dickey
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (TN)
Frank (MA)
Frost
Gejdenson
Gephardt
Gibbons
Gilman
Glickman
Gonzalez
Gordon
Gutierrez
Hall (OH)
Hamburg
Harman
Hefner
Hilliard
Hinchey
Hochbrueckner
Holden
Hoyer
Inslee
Jefferson
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kim
Kleczka
Klein
Klink
Kopetski
LaFalce
Lambert
Lancaster
Lantos
Laughlin
Lazio
Levin
Lewis (CA)
Lewis (GA)
Lipinski
Lowey
Maloney
Manton
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McDermott
McHale
McKeon
McKinney
McNulty
Meek
Menendez
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Natcher
Neal (MA)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Pallone
Parker
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Pickett
Pomeroy
Price (NC)
Rahall
Rangel
Reed
Richardson
Roemer
Romero-Barcelo (PR)
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schumer
Scott
Serrano
Sharp
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Snowe
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--20
Andrews (TX)
Bentley
Chapman
Collins (IL)
Crane
Ford (MI)
Green
Hastings
Lehman
Lewis (FL)
Markey
Mfume
Murphy
Owens
Reynolds
Shepherd
Smith (OR)
Underwood (GU)
Washington
Weldon
So the amendment was not agreed to.
After some further time,
Para. 5.18 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. NUSSLE:
Page 1, after line 2, insert the following:
TITLE I--SUPPLEMENTAL APPROPRIATIONS
Page 1, line 3, strike ``That the'' and insert ``The''.
Page 19, line 18, strike ``$500,000,000'' and insert
``$400,000,000''.
Page 22, after line 13, add the following new title:
TITLE II--OFFSETTING REDUCTIONS IN SPENDING
Subtitle A--Department of Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies
SEC. 2101. RESCISSION OF FUNDS FOR PUBLIC LAW 480 FOOD FOR
PEACE PROGRAM.
Of the funds made available under the heading ``Public Law
480 Program Account'' in the Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies
Appropriations Act, 1994 (Pub. L. 103-111)--
(1) $69,378,000 is rescinded from the amounts provided for
the cost of direct credit agreements under title I of the
Agricultural Trade Development and Assistance Act of 1954 and
the Food for Progress Act of 1985; and
(2) $56,017,000 is rescinded from the amount provided for
commodities supplied in connection with dispositions abroad
pursuant to title III of the Agricultural Trade Development
and Assistance Act of 1954.
SEC. 2102. RESCISSION OF FUNDS FOR AGRICULTURE BUILDING AND
FACILITIES ACCOUNT.
Of the funds made available under the heading ``Cooperative
State Research Service--Buildings and Facilities'' in the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 1994 (Pub. L. 103-
111), $56,874,000 is rescinded.
SEC. 2103. RESCISSION OF FUNDS FOR DEPARTMENT OF AGRICULTURE.
Of the funds made available for the Department of
Agriculture in the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act,
1994 (Pub. L. 103-111), $13,000,000 is rescinded. The
Secretary of Agriculture shall allocate such rescission among
the appropriate accounts, and shall submit to the Congress a
report setting forth such allocation.
SEC. 2104. RESCISSION OF FUNDS FOR RURAL HOUSING INSURANCE
FUND PROGRAM ACCOUNT.
Of the funds made available under the heading ``Farmers
Home Administration--Rural Housing Insurance Fund Program
Account'' in the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act,
1994 (Pub. L. 103-111) for the cost of direct section 502
loans, $35,000,000 is rescinded.
SEC. 2105. RESCISSION OF FUNDS FOR RURAL DEVELOPMENT LOAN
FUND PROGRAM ACCOUNT.
Of the funds made available under the heading ``Rural
Development Loan Fund Program Account'' in the Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 1994 (Pub. L. 103-111) for the
cost of direct loans, $20,000,000 is rescinded.
SEC. 2106. RESCISSION OF FUNDS FOR RURAL WATER AND WASTE
DISPOSAL GRANTS.
Of the funds made available under the heading ``Rural Water
and Waste Disposal Grants'' in the Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 1994 (Pub. L. 103-111),
$25,000,000 is rescinded.
SEC. 2107. RESCISSION OF FUNDS FOR COMMODITY SUPPLEMENTAL
FOOD PROGRAM.
Of the funds made available under the heading ``Food and
Nutrition Service--Commodity Supplemental Food Program'' in
the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 1994
(Pub. L. 103-111), $12,600,000 is rescinded.
[[Page 37]]
SEC. 2108. RESCISSION OF FUNDS FOR FOOD DONATIONS PROGRAMS
FOR SELECTED GROUPS.
Of the funds made available under the heading ``Food
Donations Programs for Selected Groups'' in the Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 1994 (Pub. L. 103-111),
$6,000,000 is rescinded.
SEC. 2109. RESCISSION OF FUNDS FOR COOPERATIVE STATE RESEARCH
SERVICE.
Of the funds made available under the heading ``Cooperative
State Research Service'' in the Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 1994 (Pub. L. 103-111),
$30,002,000 is rescinded, including $20,213,000 for contracts
and grants for agricultural research under the Act of August
4, 1965, and $9,789,000 for necessary expenses of Cooperative
State Research Service activities.
SEC. 2110. RESCISSION OF FUNDS FOR AGRICULTURAL STABILIZATION
AND CONSERVATION SERVICE.
Of the funds made available under the heading
``Agricultural Stabilization and Conservation Service--
Salaries and Expenses'' in the Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 1994 (Pub. L. 103-111),
$12,167,000 is rescinded.
SEC. 2111. RESCISSION OF FUNDS FOR SOIL CONSERVATION SERVICE.
Of the funds made available under the heading ``Soil
Conservation Service--Conservation Operations'' in the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 1994 (Pub. L. 103-
111), $12,167,000 is rescinded.
SEC. 2112. RESCISSION OF FUNDS FOR RURAL ELECTRIFICATION AND
TELEPHONE LOANS PROGRAM.
Of the funds made available under the heading ``Rural
Electrification Administration--Rural Electrification and
Telephone Loans Program Account'' in the Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 1994 (Pub. L. 103-111) for the
cost of 5 percent rural telephone loans, $6,445,000 is
rescinded.
SEC. 2113. RESCISSION OF FUNDS FOR HUMAN NUTRITION
INFORMATION SERVICE.
Of the funds made available under the heading
``Agricultural Research Service'' in the Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 1994 (Pub. L. 103-111),
$11,000,000 is rescinded from the Human Nutrition Information
Service.
SEC. 2114. RESCISSION OF FUNDS FOR AGRICULTURAL RESEARCH
SERVICE.
Of the funds made available under the heading
``Agricultural Research Service'' in the Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 1994 (Pub. L. 103-111),
$16,000,000 is rescinded.
Subtitle B--Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies
SEC. 2151. RESCISSION OF FUNDS FOR WEATHER OFFICE CLOSURE
CERTIFICATION PROCEDURES.
Of the funds made available under the heading ``National
Oceanic And Atmospheric Administration--Operations, Research,
and Facilities'' in the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations
Act, 1994 (Pub. L. 103-121), $20,000,000 is rescinded, to be
derived from the National Weather Service.
SEC. 2152. RESCISSION OF FUNDS FOR NOAA RESEARCH FLEET.
Of the funds made available under the heading ``National
Oceanic And Atmospheric Administration--Fleet Modernization,
Shipbuilding and Conversion'' in the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1994 (Pub. L. 103-121), $77,064,000 is
rescinded.
SEC. 2153. RESCISSION OF FUNDS FOR NOAA ADD-ONS.
Of the funds made available under the heading ``National
Oceanic And Atmospheric Administration'' in the Departments
of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1994 (Pub. L. 103-121), there
are rescinded the following amounts from the following
accounts:
(1) ``Operations, Research, and Facilities'', $37,800,000.
(2) ``Construction'', $15,800,000.
(3) ``Aircraft Procurement and Modernization'',
$21,400,000.
SEC. 2154. RESCISSION OF FUNDS FOR EDA.
Of the funds made available under the heading ``Economic
Development Administration--Economic Development Assistance
Programs'' in the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations
Act, 1994 (Pub. L. 103-121), $125,000,000 is rescinded.
SEC. 2155. RESCISSION OF FUNDS FOR PUBLIC TELECOMMUNICATIONS
FACILITIES.
Of the funds made available under the heading ``National
Telecommunications and Information Administration--Public
Telecommunications Facilities, Planning and Construction'' in
the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1994
(Pub. L. 103-121), $15,000,000 is rescinded.
SEC. 2156. RESCISSION OF FUNDS FOR LEGAL SERVICES
CORPORATION.
Of the funds made available under the heading ``Legal
Services Corporation--Payment to the Legal Services
Corporation'' in the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations
Act, 1994 (Pub. L. 103-121), $20,000,000 is rescinded.
SEC. 2158. RESCISSION OF FUNDS FOR SMALL BUSINESS
ADMINISTRATION.
Of the funds made available under the heading ``Small
Business Administration--Salaries and Expenses'' in the
Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1994 (Pub. L. 103-
121), $13,100,000 is rescinded.
SEC. 2159. RESCISSION OF FUNDS FOR ADVANCED TECHNOLOGY
PROGRAM.
Of the funds made available under the heading ``Department
of Commerce--National Institute of Standards and Technology--
Industrial Technology Services'' in the Departments of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1994 (Pub. L. 103-121),
$100,000,000 is rescinded from the advanced technology
program.
SEC. 2160. RESCISSION OF FUNDS FOR UNITED STATES INFORMATION
AGENCY.
(a) Salaries and Expenses.--Of the funds made available
under the heading ``United States Information Agency--
Salaries and Expenses'' in the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1994 (Pub. L. 103-121), $6,000,000 is
rescinded.
(b) Educational and Cultural Exchange Programs.--Of the
funds made available under the heading ``United States
Information Agency--Educational and Cultural Exchange
Programs'' in the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations
Act, 1994 (Pub. L. 103-121), $50,000,000 is rescinded.
(c) North/South Center.--Of the funds made available under
the heading ``United States Information Agency--North/South
Center'' in the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act, 1994
(Pub. L. 103-121), $8,700,000 is rescinded.
SEC. 2161. RESCISSION OF FUNDS FOR DEPARTMENT OF STATE
DIPLOMATIC AND CONSULAR PROGRAMS.
Of the funds made available under the heading ``Department
of State--Administration of Foreign Affairs--Diplomatic and
Consular Programs'' in the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations
Act, 1994 (Pub. L. 103-121), $600,000 is rescinded.
Subtitle C--Department of Defense and Military Construction
SEC. 2201. RESCISSION OF CERTAIN DEFENSE ADD-ONS.
(a) Military Construction.--Of the funds made available
under the heading ``Military Construction, Army Reserve'' in
the Military Construction Appropriations Act, 1994 (Pub. L.
103-110), $15,000,000 is rescinded, to be derived from the
Georgia-Fort McPherson Command Headquarters, Phase I,
project.
(b) Defense Procurement.--Of the funds made available in
the Department of Defense Appropriations Act, 1994 (Pub. L.
103-139), the following amounts are rescinded from the
following accounts and programs:
(1) ``Other Procurement, Army'', $15,000,000, to be derived
from common hardware and software.
(2) ``Other Procurement, Navy'', $30,000,000, to be derived
from spare and repair parts.
(3) ``Other Procurement, Navy'', $12,000,000, to be derived
from weapons range support equipment.
(4) ``Other Procurement, Army'', $10,000,000, to be derived
from tactical trailers/dolly sets.
(5) ``Shipbuilding and Conversion, Navy'', $50,000,000, to
be derived from advance procurement of LHD-7.
SEC. 2202. RESCISSION OF FUNDS FOR MK-19 GRENADE LAUNCHER
PROGRAM.
Of the funds made available under the heading ``Procurement
of Weapons and Tracked Combat Vehicles, Army'' in the
Department of Defense Appropriations Act, 1994 (Pub. L. 103-
139), $15,000,000 is rescinded, to be derived from the MK-19
automatic grenade launcher program.
SEC. 2203. RESCISSION OF CERTAIN DEFENSE OPERATION AND
MAINTENANCE FUNDS.
Of the funds made available in the Department of Defense
Appropriations Act, 1994 (Pub. L. 103-139), the following
amounts are rescinded from the following accounts:
(1) ``Operation and Maintenance, Army'', $88,020,000 to be
derived from general reduction DBOF, and $15,180,000 to be
derived from inventories.
(2) ``Operation and Maintenance, Navy'', $109,270,000 to be
derived from general reduction DBOF, and $27,555,000 to be
derived from inventories.
(3) ``Operation and Maintenance, Air Force'', $94,140,000
to be derived from general reduction DBOF, and $12,265,000 to
be derived from inventories.
SEC. 2204. RESCISSION OF FUNDS FOR SPACELIFTER PROGRAM.
Of the funds made available under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' in the
Department of Defense Appropriations Act, 1994 (Pub. L. 103-
139), $10,000,000 is rescinded, to be derived from the new
medium lift vehicle (Spacelifter) program.
SEC. 2205. RESCISSION OF CERTAIN DEFENSE MILITARY
CONSTRUCTION FUNDS.
Of the funds made available in the Military Construction
Appropriations Act, 1994 (Pub. L. 103-110), the following
amounts are rescinded from the following accounts:
(1) ``Military Construction, Army'', $22,319,000.
[[Page 38]]
(2) ``Military Construction, Navy'', $13,969,000.
(3) ``Military Construction, Air Force'', $24,787,000.
(4) ``Military Construction, Defense-Wide'', $13,663,000.
(5) ``Military Construction, Army National Guard'',
$7,568,000.
(6) ``Military Construction, Air National Guard'',
$6,187,000.
(7) ``Military Construction, Army Reserve'', $2,551,000.
(8) ``Military Construction, Naval Reserve'', $626,000.
(9) ``Military Construction, Air Force Reserve'',
$1,862,000.
(10) ``North Atlantic Treaty Organization Infrastructure'',
$70,000,000.
(11) ``Base Realignment and Closure Account, Part III'',
$437,692,000, except that, within funds available for such
account for fiscal year 1994, not less than $200,000,000
shall be available solely for environmental restoration.
Subtitle D--Energy and Water Development
SEC. 2251. RESCISSION OF FUNDS FOR MODULAR HIGH-TEMPERATURE
GAS-COOLED REACTOR PROJECT.
Of the funds made available under the heading ``Department
of Energy--Energy Supply, Research and Development
Activities'' in the Energy and Water Development
Appropriations Act, 1994 (Pub. L. 103-126), $6,000,000 is
rescinded, to be derived from the gas turbine-modular helium
reactor program.
SEC. 2252. RESCISSION OF FUNDS FOR FUSION ENERGY RESEARCH AND
DEVELOPMENT.
Of the funds made available under the heading ``Department
of Energy--Energy Supply, Research and Development
Activities'' in the Energy and Water Development
Appropriations Act, 1994 (Pub. L. 103-126), $70,000,000 is
rescinded, to be derived from the fusion energy program.
SEC. 2253. RESCISSION OF FUNDS FROM SPR PETROLEUM ACCOUNT.
The unobligated balance of the funds in the SPR petroleum
account on the date of the enactment of this Act is
rescinded.
SEC. 2254. RESCISSION OF FUNDS FROM TENNESSEE VALLEY
AUTHORITY FUND.
Of the funds in the Area and Regional Account of the
Tennessee Valley Authority Fund, $23,000,000 is rescinded.
SEC. 2255. RESCISSION OF FUNDS FOR APPALACHIAN REGIONAL
COMMISSION.
Of the funds made available under the heading ``Appalachian
Regional Commission'' in the Energy and Water Development
Appropriations Act, 1994 (Pub. L. 103-126), $35,000,000 is
rescinded.
SEC. 2256. RESCISSION OF FUNDS FOR ENERGY SUPPLY, RESEARCH
AND DEVELOPMENT ACTIVITIES.
Of the funds made available under the heading ``Energy
Supply, Research and Development Activities'' in the Energy
and Water Development Appropriations Act, 1994 (Pub. L. 103-
126), $97,300,000 is rescinded. Such reduction shall be taken
as a general reduction, applied to each program equally, so
as not to eliminate or disproportionately reduce any program,
project, or activity in the Energy Supply, Research and
Development Activities account as included in the reports
accompanying such Act.
SEC. 2257. RESCISSION OF FUNDS FOR URANIUM SUPPLY AND
ENRICHMENT ACTIVITIES.
Of the funds made available under the heading ``Uranium
Supply and Enrichment Activities'' in Public Law 102-377 and
prior years' Energy and Water Development Appropriations
Acts, $42,000,000 is rescinded.
SEC. 2258. RESCISSION OF FUNDS FOR LOW-PRIORITY WATER
PROJECTS.
(a) Corps of Engineers General Investigations.--Of the
funds made available under the heading ``Corps of Engineers-
Civil--General Investigations'' in the Energy and Water
Development Appropriations Act, 1994 (Pub. L. 103-126),
$24,970,000 is rescinded, to be derived from projects that--
(1) are not continuations of ongoing work under contract;
(2) are not economically justified, or environmentally
beneficial in a manner commensurate with costs;
(3) are not environmentally acceptable;
(4) are not in compliance with standard cost sharing;
(5) do not have available the necessary non-Federal
sponsorship and funding;
(6) represent a Federal assumption of traditionally non-
Federal responsibility; or
(7) have not completed normal executive branch project
review requirements.
(b) Corps of Engineers Construction.--Of the funds made
available under the heading ``Corps of Engineers-Civil--
Construction, General'' in the Energy and Water Development
Appropriations Act, 1994 (Pub. L. 103-126), $97,319,000 is
rescinded, to be derived from projects that--
(1) are not continuations of ongoing work under contract;
(2) are not economically justified, or environmentally
beneficial in a manner commensurate with costs;
(3) are not environmentally acceptable;
(4) are not in compliance with standard cost sharing;
(5) do not have available the necessary non-Federal
sponsorship and funding;
(6) represent a Federal assumption of traditionally non-
Federal responsibility; or
(7) have not completed normal executive branch project
review requirements.
(c) Bureau of Reclamation.--Of the funds made available
under the heading ``Department of the Interior--Bureau of
Reclamation--Construction Program'' in the Energy and Water
Development Appropriations Act, 1994 (Pub. L. 103-126),
$16,000,000 is rescinded, to be derived from projects that--
(1) are not continuations of ongoing work under contract;
(2) in the case of new projects, are inconsistent with the
priorities of the Secretary of the Interior;
(3) are not environmentally beneficial in a manner
commensurate with costs; or
(4) do not have available the necessary non-Federal cost
sharing.
Subtitle E--Foreign Operations, Export Financing, and Related Programs
SEC. 2301. RESCISSION OF FUNDS FOR WORLD BANK.
Of the funds made available under the heading
``Contribution to the International Bank for Reconstruction
and Development'' in the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1994
(Pub. L. 103-87)--
(1) $27,910,500 provided for paid-in capital is rescinded;
and
(2) $902,439,500 provided for callable capital is
rescinded.
SEC. 2302. RESCISSION OF FUNDS FOR INTERNATIONAL DEVELOPMENT
ASSOCIATION.
Of the funds made available under the heading
``Contribution to the International Development Association''
in the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1994 (Pub. L. 103-87),
$67,189,143 is rescinded.
SEC. 2303. RESCISSION OF FUNDS FOR FOREIGN MILITARY
FINANCING.
Of the funds made available under the heading ``Foreign
Military Financing Program'' in the Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
1994 (Pub. L. 103-87), $25,721,000 is rescinded, to be
derived from grants.
SEC. 2304. RESCISSION OF FUNDS FOR AGENCY FOR INTERNATIONAL
DEVELOPMENT.
(a) Population Fund for Africa.--Of the funds made
available under the heading ``Agency for International
Development--Population Fund for Africa'' in the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1994 (Pub. L. 103-87), $200,000,000 is
rescinded.
(b) Population, Development Assistance.--Of the funds made
available under the heading ``Agency for International
Development--Population, Development Assistance'' in the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1994 (Pub. L. 103-87), $130,000,000 is
rescinded.
(c) Development Assistance Fund.--Of the funds made
available under the heading ``Agency for International
Development--Development Assistance Fund'' in appropriations
Acts for fiscal year 1994 and prior fiscal years to carry out
the provisions of sections 103 through 106 of the Foreign
Assistance Act of 1961, $250,000,000 is rescinded.
Subtitle F--Department of the Interior and Related Agencies
SEC. 2351. RESCISSION OF FUNDS FOR ARTS AND HUMANITIES
PROGRAMS.
Of the funds made available under each of the headings
``National Endowment for the Arts'', ``National Endowment for
the Humanities'', ``Smithsonian Institution'', and ``National
Gallery of Art'' in the Department of the Interior and
Related Agencies Appropriations Act, 1994 (Pub. L. 103-138),
2 percent is rescinded.
SEC. 2352. RESCISSION OF FUNDS FOR DEPARTMENT OF THE
INTERIOR.
Of the funds made available for the Department of the
Interior in the Department of the Interior and Related
Agencies Appropriations Act, 1994 (Pub. L. 103-138), there
are rescinded the following amounts from the following
accounts:
(1) ``Bureau of Land Management--Land Acquisition'',
$6,061,000.
(2) ``United States Fish and Wildlife Service--Land
Acquisition'', $41,327,000.
(3) ``National Park Service--Land Acquisition and State
Assistance'', $30,000,000.
(4) ``United States Geological Survey--Surveys,
Investigations, and Research'', $30,000,000.
(5) ``Minerals Management Service--Leasing and Royalty
Management'', $20,000,000.
(6) ``Bureau of Mines--Mines and Minerals'', $10,000,000.
(7) ``National Biological Survey--Research, Inventories,
and Surveys'', $20,000,000.
SEC. 2353. RESCISSION OF FUNDS FOR FOREST SERVICE.
Of the funds made available under the heading ``Department
of Agriculture--Forest Service--Land Acquisition'' in the
Department of the Interior and Related Agencies
Appropriations Act, 1994 (Pub. L. 103-138), $32,125,000 is
rescinded.
Subtitle G--Departments of Labor, Health and Human Services, Education,
and Related Agencies
SEC. 2371. RESCISSION OF FUNDS FOR EDUCATION PROGRAMS THAT
HAVE LARGELY ACHIEVED THEIR PURPOSE.
(a) Library Construction.--Of the funds made available
under the heading ``Department of Education--Libraries'' in
the Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 1994
(Pub. L. 103-112), $11,000,000 is rescinded, to be derived
from public library construction.
(b) School Improvement Programs.--Of the funds made
available under the heading
[[Page 39]]
``Department of Education--School Improvement Programs'' in
the Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 1994
(Pub. L. 103-112)--
(1) $8,300,000 is rescinded, to be derived from the follow
through program; and
(2) $6,000,000 is rescinded, to be derived from the law-
related education program.
(c) Law School Clinical Experience.--Of the funds made
available under the heading ``Department of Education--Higher
Education'' in the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations
Act, 1994 (Pub. L. 103-112), $1,800,000 is rescinded, to be
derived from the law school clinical experience program.
SEC. 2372. RESCISSION OF FUNDS FOR DISLOCATED WORKERS
ASSISTANCE.
Of the funds made available under the heading ``Employment
and Training Administration--Training and Employment
Services'' in the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations
Act, 1994 (Pub. L. 103-112), $150,000,000 is rescinded, to be
derived from grants to States.
Subtitle H--Legislative Branch
SEC. 2401. RESCISSION OF FUNDS FOR LEGISLATIVE BRANCH.
(a) In General.--Of the funds made available for each
account in the Legislative Branch Appropriations Act, 1994
(Pub. L. 103-69), there is rescinded an amount equal to 2.8
percent of such funds.
(b) Exceptions.--Subsection (a) shall not apply to--
(1) funds made available under the heading ``Congressional
Operations--Senate''; or
(2) funds for which amounts are rescinded by section 2402.
SEC. 2402. RESCISSION OF FUNDS FOR HOUSE FRANKING.
Of the funds made available under the heading ``House of
Representatives--Salaries and Expenses'' in the Legislative
Branch Appropriations Act, 1994 (Pub. L. 103-69), $5,000,000
is rescinded, to be derived from ``Official Mail Costs''.
Subtitle I--Department of Transportation and Related Agencies
SEC. 2451. RESCISSION OF FUNDS FOR MAGLEV PROTOTYPE
DEVELOPMENT PROGRAM.
Of the funds made available under the heading ``Federal
Railroad Administration--Railroad Research and Development''
in the Department of Transportation and Related Agencies
Appropriations Act, 1994 (Pub. L. 103-122), $10,000,000 is
rescinded, to be derived from magnetic levitation research
and analysis activities.
SEC. 2452. RESCISSION OF FUNDS FOR AIRWAY SCIENCE PROGRAM,
COLLEGIATE TRAINING INITIATIVE, AND AIR CARRIER
MAINTENANCE TECHNICIAN TRAINING FACILITY GRANT
PROGRAM.
(a) FAA Operations.--Of the funds made available under the
heading ``Federal Aviation Administration--Operations'' in
the Department of Transportation and Related Agencies
Appropriations Act, 1994 (Pub. L. 103-122), $2,750,000 is
rescinded, to be derived from grants to the Mid-American
Aviation Resource Consortium and vocational technical
institutions.
(b) FAA Facilities and Equipment.--Of the unobligated
balance of funds made available under the heading ``Federal
Aviation Administration--Facilities and Equipment'' in
appropriations Acts for fiscal year 1994 and prior fiscal
years, $40,257,111 is rescinded, to be derived from the
airway science program.
SEC. 2453. RESCISSION OF FUNDS FOR INTERSTATE COMMERCE
COMMISSION.
Of the funds made available under the heading ``Interstate
Commerce Commission--Salaries and Expenses'' in the
Department of Transportation and Related Agencies
Appropriations Act, 1994 (Pub. L. 103-122), $10,000,000 is
rescinded.
SEC. 2454. RESCISSION OF FUNDS FOR GRANTS-IN-AID FOR
AIRPORTS.
Of the funds provided under the Airport and Airway
Improvement Act of 1982, for grants-in-aid for airport
planning and development and noise compatibility planning and
programs, there is rescinded $488,200,000 of the amount in
excess of the funds made available for obligation in the
Department of Transportation and Related Agencies
Appropriations Act, 1994 (Pub. L. 103-122).
SEC. 2455. RESCISSION OF FUNDS FOR FEDERAL HIGHWAY
ADMINISTRATION.
Of the funds made available for specific highway projects
that are not yet under construction, $85,774,222 are
rescinded, except that no funds shall be rescinded from any
emergency relief project funded under section 125 of title
23, United States Code. For the purposes of this section, a
project shall be deemed to be not under construction unless a
construction contract for physical construction has been
awarded by the State, municipality, or other contracting
authority.
SEC. 2456. RESCISSION OF FUNDS FOR FEDERAL TRANSIT
ADMINISTRATION.
(a) Formula Grants.--Of the funds made available under the
heading ``Federal Transit Administration--Formula Grants'' in
the Department of Transportation and Related Agencies
Appropriations Act, 1994 (Pub. L. 103-122), $250,000,000 is
rescinded.
(b) Discretionary Grants.--Of the funds made available
under the heading ``Federal Transit Administration--
Discretionary Grants'' in the Department of Transportation
and Related Agencies Appropriations Act, 1994 (Pub. L. 103-
122), $40,000,000 is rescinded.
Subtitle J--Treasury, Postal Service, and General Government
SEC. 2501. RESCISSION OF FUNDS FOR BATF.
Of the funds made available under the heading ``Bureau of
Alcohol, Tobacco and Firearms--Salaries and Expenses'' in the
Treasury, Postal Service, and General Government
Appropriations Act, 1994 (Pub. L. 103-123), $2,000,000 is
rescinded.
SEC. 2502. RESCISSION OF FUNDS FOR CONSTRUCTION OF NEW
FEDERAL OFFICES AND COURTHOUSES.
Of the funds made available under the heading ``General
Services Administration--Federal Buildings Fund'' in the
Treasury, Postal Service, and General Government
Appropriations Act, 1994 (Pub. L. 103-123), $160,000,000 is
rescinded.
Subtitle K--Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies
SEC. 2551. RESCISSION AND TRANSFER OF FUNDS FOR PUBLIC
HOUSING NEW CONSTRUCTION.
Of the funds made available under the heading ``Department
of Housing and Urban Development--Housing Programs--Annual
Contributions for Assisted Housing'' in the Departments of
Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1994 (Pub. L. 103-
124)--
(1) $367,000,000 is rescinded from the total amount under
such heading and from the amount specified under such heading
for the development or acquisition cost of public housing;
and
(2) $230,701,000 of the amount specified under such heading
for the development or acquisition cost of public housing
shall be reallocated to and merged with the amount specified
under such heading for the housing voucher program under
section 8(o) of the United States Housing Act of 1937.
SEC. 2552. RESCISSION OF FUNDS FOR NASA.
(a) Research and Development.--Of the funds made available
under the heading ``National Aeronautics and Space
Administration--Research and Development'' in the Departments
of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1994 (Pub. L. 103-
124), $25,000,000 is rescinded.
(b) Construction of Facilities.--Of the funds made
available under the heading ``National Aeronautics and Space
Administration--Construction of Facilities'' in the
Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act,
1994 (Pub. L. 103-124), $25,000,000 is rescinded.
SEC. 2553. RESCISSION OF FUNDS FOR NATIONAL SCIENCE
FOUNDATION ACADEMIC RESEARCH INFRASTRUCTURE.
Of the funds made available under the heading ``National
Science Foundation--Academic Research Infrastructure'' in the
Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act,
1994 (Pub. L. 103-124), $10,000,000 is rescinded.
SEC. 2555. RESCISSION OF FUNDS FOR COMMUNITY DEVELOPMENT
GRANTS.
Of the funds made available under the heading ``Community
Planning and Development--Community Development Grants'' in
the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act,
1994 (Pub. L. 103-124) for grants, $400,000,000 is rescinded.
Subtitle L--Government-Wide and Other Programs
SEC. 2601. RESCISSION OF FUNDS FOR FEDERALLY SPONSORED
UNIVERSITY RESEARCH AND DEVELOPMENT.
(a) In General.--Of the aggregate funds made available for
the accounts specified in subsection (b), $110,000,000 is
rescinded, to be derived from university research and
development programs. The Director of the Office of
Management and Budget shall allocate such rescission among
such accounts, and shall submit to the Congress a report
setting forth such allocation.
(b) Affected Accounts.--The funds subject to the rescission
made by subsection (a) are the following:
(1) National Institutes of Health.--The amounts made
available under the heading ``Department of Health and Human
Services--National Institutes of Health'' in the Departments
of Labor, Health and Human Services, and Education, and
Related Agencies Appropriations Act, 1994 (Pub. L. 103-112),
for the following accounts:
(A) ``National Cancer Institute''.
(B) ``National Heart, Lung, and Blood Institute''.
(C) ``National Institute of Dental Research''.
(D) ``National Institute of Diabetes and Digestive and
Kidney Diseases''.
(E) ``National Institute of Neurological Disorders and
Stroke''.
(F) ``National Institute of Allergy and Infectious
Diseases''.
(G) ``National Institute of General Medical Sciences''.
(H) ``National Institute of Child Health and Human
Development''.
(I) ``National Eye Institute''.
(J) ``National Institute of Environmental Health
Sciences''.
(K) ``National Institute on Aging''.
(L) ``National Institute of Arthritis and Musculoskeletal
and Skin Diseases''.
[[Page 40]]
(M) ``National Institute on Deafness and Other
Communication Disorders''.
(N) ``National Institute of Nursing Research''.
(O) ``National Institute on Alcohol Abuse and Alcoholism''.
(P) ``National Institute on Drug Abuse''.
(Q) ``National Institute of Mental Health''.
(R) ``National Center for Research Resources''.
(S) ``National Center for Human Genome Research''.
(T) ``John E. Fogarty International Center''.
(U) ``National Library of Medicine''.
(V) ``Office of the Director''.
(2) Independent Agencies.--The amounts made available in
the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act,
1994 (Pub. L. 103-124), for the following accounts:
(A) ``National Science Foundation--Research and Related
Activities''.
(B) ``National Aeronautics and Space Administration--
Research and Development''.
(3) Department of Defense.--The amounts made available in
the Department of Defense Appropriations Act, 1994 (Pub. L.
103-139), for the following accounts:
(A) ``Research, Development, Test and Evaluation, Army''.
(B) ``Research, Development, Test and Evaluation, Navy''.
(C) ``Research, Development, Test and Evaluation, Air
Force''.
(D) ``Research, Development, Test and Evaluation, Defense-
Wide''.
SEC. 2602. RESCISSION OF FUNDS FOR EXECUTIVE OFFICE OF THE
PRESIDENT.
(a) In General.--Of the funds made available for each
account under the heading ``Executive Office of the President
and Funds Appropriated to the President'' in the Treasury,
Postal Service, and General Government Appropriations Act,
1994 (Pub. L. 103-123), there is rescinded an amount equal to
5 percent of such funds.
(b) Additional Offices.--Of the funds made available for
each account under the heading ``Executive Office of the
President'' in the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies
Appropriations Act, 1994 (Pub. L. 103-124), there is
rescinded an amount equal to 5 percent of such funds.
SEC. 2603. RESCISSION OF FUNDS FOR ADMINISTRATIVE OVERHEAD.
(a) In General.--Of the funds made available in
appropriations Acts for fiscal year 1994 to the following
agencies for travel and transportation of persons,
transportation of things, printing and reproduction, other
services, and supplies and materials, the following amounts
are rescinded:
(1) Department of Agriculture, $299,570,000.
(2) Department of Commerce, $32,960,000.
(3) Department of Health and Human Services, $343,600,000.
(4) Department of the Interior, $94,540,000.
(5) Department of Justice, $133,790,000.
(6) Department of Labor, $137,470,000.
(7) Department of State, $43,220,000.
(8) Department of the Treasury, $61,060,000.
(9) Department of Education, $16,160,000.
(10) Department of Energy, $137,160,000.
(11) Environmental Protection Agency, $72,360,000.
(12) Department of Transportation, $265,350,000.
(13) Department of Housing and Urban Development
$18,970,000.
(14) Department of Veterans Affairs, $143,780,000.
(b) Allocation.--The Director of the Office of Management
and Budget shall allocate the rescissions made by subsection
(a) among the appropriate accounts, and shall submit to the
Congress a report setting forth such allocation.
SEC. 2604. RESCISSION OF FUNDS FOR FEDERAL FULL-TIME
EQUIVALENT POSITIONS.
Of the aggregate funds made available to executive
departments and agencies in appropriations Act for fiscal
year 1994 for purposes of employee compensation,
$1,575,000,000 is rescinded. The Director of the Office of
Management and Budget shall allocate such rescission among
the appropriate accounts, except that no reduction shall be
made in Department of Defense accounts and shall submit to
the Congress a report setting forth such allocation.
SEC. 2605. RESCISSION OF FUNDS FOR APPLICATION OF DAVIS-BACON
ACT.
Of the aggregate funds made available to executive
departments and agencies in appropriations Act for fiscal
year 1994 for purposes of construction activities under the
Act of March 3, 1931 (40 U.S.C. 276a et seq.) (known as the
``Davis-Bacon Act'') or similar prevailing wage requirements
applicable to projects assisted by Federal funds, $62,000,000
is rescinded. The Director of the Office of Management and
Budget shall allocate such rescission among the appropriate
accounts, and shall submit to the Congress a report setting
forth such allocation.
SEC. 2606. RESCISSION OF FUNDS FOR REPORTS ON CONTRACTS
COVERED BY DAVIS-BACON ACT.
Of the aggregate funds made available to executive
departments and agencies in appropriations Act for fiscal
year 1994 for purposes of construction activities submitted
under section 2 of the Act of June 13, 1934 (40 U.S.C. 276c)
(known as the ``Copeland Act''), $55,000,000 is rescinded.
The Director of the Office of Management and Budget shall
allocate such rescission among the appropriate accounts, and
shall submit to the Congress a report setting forth such
allocation.
Subtitle M--Coordination of Provisions
SEC. 2651. INAPPLICABILITY OF EMERGENCY DESIGNATIONS.
Notwithstanding any other provision of this Act to the
contrary, there shall not take effect any proviso or other
provision in this Act that--
(1) designates an amount as an emergency requirement
pursuant to, or for purposes of, the Balanced Budget and
Emergency Deficit Control Act of 1985; or
(2) restricts the availability of amounts to the extent
designated as such an emergency requirement by the President
in an official budget request or otherwise.
Subtitle N--Related Changes in Law
SEC. 2701. REDUCTION IN PUBLIC LAW 480 FOOD FOR PEACE
PROGRAM.
Section 103 of title I of the Agricultural Trade
Development and Assistance Act of 1954 is amended by adding
at the end the following:
``(f) Modification of Terms and Conditions During Certain
Years.--The Secretary shall set the terms and conditions of
agreements entered into under this title after the date of
the enactment of this subsection so that--
``(1) the length of the loan does not exceed 20 years;
``(2) the length of the grace period does not exceed 5
years;
``(3) the interest rate during the grace period is not less
than 3 percent; and
``(4) the interest rate during the payback period is not
less than 5 percent.''.
SEC. 2702. ELIMINATION OF WEATHER OFFICE CLOSURE
CERTIFICATION PROCEDURES.
(a) In General.--Title VII of the National Oceanic and
Atmospheric Administration Authorization Act of 1992 is
repealed.
(b) Sense of Congress.--It is the sense of the Congress
that the repeal made by subsection (a) will not result in a
degradation of weather forecasting service.
SEC. 2703. REPEAL OF AUTHORIZATIONS FOR THE AIRWAY SCIENCE
PROGRAM, COLLEGIATE TRAINING INITIATIVE, AND
AIR CARRIER MAINTENANCE TECHNICIAN TRAINING
FACILITY GRANT PROGRAM.
(a) Airway Science Program.--All authority for--
(1) the Secretary of Transportation to enter into grant
agreements with universities or colleges having an airway
science curriculum recognized by the Federal Aviation
Administration for conducting demonstration projects with
respect to the development, advancement, and expansion of
airway science programs, and
(2) the Federal Aviation Administration to enter into
competitive grant agreements with institutions of higher
education having airway science curricula,
and all authorizations to appropriate funds for such
purposes, including all authorizations for which funds were
appropriated for such purposes under the heading ``Federal
Aviation Administration, Facilities and Equipment'' in the
Department of Transportation and Related Agencies
Appropriations Acts, 1994 are repealed.
(b) Collegiate Training Initiative.--Section 362 of the
Department of Transportation and Related Agencies
Appropriations Act, 1993 (106 Stat. 1560) is repealed.
Notwithstanding such repeal, the Administrator of the Federal
Aviation Administration may continue to convert appointment
of persons who have been appointed pursuant to such section
prior to the effective date of this Act from the excepted
service to a career conditional or career appointment in the
competitive civil service, pursuant to subsection (c) of such
section.
(c) Air Carrier Maintenance Technician Training Facility
Grant Program.--Section 119 of the Airport and Airway Safety,
Capacity, Noise Improvement, and Intermodal Transportation
Act of 1992 (49 U.S.C. App. 1354 note; 106 Stat. 4883-4884)
is repealed.
SEC. 2704. ELIMINATION OF FUNDING FOR PUBLIC
TELECOMMUNICATIONS FACILITIES.
Subpart A of Part IV of title III of the Communications Act
of 1934 (47 U.S.C. 390-393a) is repealed.
SEC. 2705. TERMINATION STATE JUSTICE INSTITUTE.
The State Justice Institute Act of 1984 (42 U.S.C. 10701 et
seq.) is repealed.
SEC. 2706. REDUCTION OF FEDERAL FULL-TIME EQUIVALENT
POSITIONS.
(a) Definition.--For purposes of this section, the term
``agency'' means an Executive agency as defined under section
105 of title 5, United States Code, but does not include the
General Accounting Office.
(b) Limitations on Full-Time Equivalent Positions.--The
President, through the Office of Management and Budget (in
consultation with the Office of Personnel Management), shall
ensure that the total number of full-time equivalent
positions in all agencies shall not exceed--
(1) 2,053,600 during fiscal year 1994;
(2) 1,999,600 during fiscal year 1995;
(3) 1,945,600 during fiscal year 1996;
(4) 1,895,600 during fiscal year 1997; and
(5) 1,851,600 during fiscal year 1998.
(c) Monitoring and Notification.--The Office of Management
and Budget, after consultation with the Office of Personnel
Management, shall--
(1) continuously monitor all agencies and make a
determination on the first date of each quarter of each
applicable fiscal year of whether the requirements under
subsection (b) are met; and
[[Page 41]]
(2) notify the President and the Congress on the first date
of each quarter of each applicable fiscal year of any
determination that any requirement of subsection (b) is not
met.
(d) Compliance.--If at any time during a fiscal year, the
Office of Management and Budget notifies the President and
the Congress that any requirement under subsection (b) is not
met, no agency may hire any employee for any position in such
agency until the Office of Management and Budget notifies the
President and the Congress that the total number of full-time
equivalent positions for all agencies equals or is less than
the applicable number required under subsection (b).
(e) Waiver.--Any provision of this section may be waived
upon--
(1) a determination by the President of the existence of
war or a national security requirement; or
(2) the enactment of a joint resolution upon an affirmative
vote of three-fifths of the Members of each House of the
Congress duly chosen and sworn.
SEC. 2707. INCREASE IN THRESHOLD FOR APPLICATION OF DAVIS-
BACON ACT.
Subsection (a) of the first section of the Act of March 3,
1931 (40 U.S.C. 276a et seq.) (known as the ``Davis-Bacon
Act'') is amended by striking ``$2,000'' and inserting
``$100,000''.
SEC. 2708. ELIMINATION OF CERTAIN REPORTS REQUIRED ON
CONTRACTS COVERED BY DAVIS-BACON ACT.
The first sentence of section 2 of the Act of June 13,
1934, entitled ``An Act to effectuate the purpose of certain
statutes concerning rates of pay for labor, by making it
unlawful to prevent anyone from receiving the compensation
contracted for thereunder, and for other purposes'' (40
U.S.C. 276c) (known as the ``Copeland Act'') is amended by
striking ``shall furnish weekly a statement with respect to
the wages paid each employee during the preceding week'' and
inserting ``shall furnish, at least once per month, a
statement of compliance with the labor standards provisions
of applicable law, certifying the payroll with respect to the
wages paid employees during the preceding period for which
the statement is furnished, covering each week any contract
work is performed''.
SEC. 2709. SUBSTITUTION OF VOUCHER ASSISTANCE FOR PUBLIC
HOUSING NEW CONSTRUCTION.
(a) Termination of Assistance for Construction of Public
Housing.--
(1) Loan authority.--After the date of the enactment of
this Act, the Secretary of Housing and Urban Development may
not enter into any new commitment to make loans under section
4 of the United States Housing Act of 1937 to public housing
agencies for the development or acquisition of public housing
projects by such agencies.
(2) Contribution authority.--After the date of the
enactment of this Act, the Secretary of Housing and Urban
Development may not enter into any new contract to make
contributions under section 5 of the United States Housing
Act of 1937 to public housing agencies for the development or
acquisition of public housing projects by such agencies.
(3) Existing commitments.--After the date of the enactment
of this Act, the Secretary of Housing and Urban Development
may make contributions and loans for the development or
acquisition of public housing projects only pursuant to
legally binding commitments to make such loans or contracts
for such contributions entered into on or before the date of
the enactment of this Act.
(4) Inapplicability to indian housing.--The provisions of
this section shall not apply to public housing developed
pursuant to a contract between the Secretary of Housing and
Urban Development and an Indian housing authority.
(5) Definitions.--For purposes of this section, the terms
``Indian housing authority'', ``project'', ``public
housing'', and ``public housing agency'' have the meanings
given the terms in section 3(b) of the United States Housing
Act of 1937.
(b) Permissible Uses.--Vouchers for rental assistance
provided with the amounts made available under this section
may be used for the rental of dwelling units or costs of
residency, as determined by qualified voucher recipients.
SEC. 2710. REFORM OF HUD MULTIFAMILY PROPERTY DISPOSITION.
(a) Findings.--The Congress finds that--
(1) the portfolio of multifamily housing project mortgages
insured by the FHA is severely troubled and at risk of
default, requiring the Secretary to increase loss reserves
from $5,500,000,000 in 1991 to $11,900,000,000 in 1992 to
cover estimated future losses;
(2) the inventory of multifamily housing projects owned by
the Secretary has more than tripled since 1989, and, by the
end of 1993, may exceed 75,000 units;
(3) the cost to the Federal Government of owning and
maintaining multifamily housing projects escalated to
approximately $250,000,000 in fiscal year 1992;
(4) the inventory of multifamily housing projects subject
to mortgages held by the Secretary has increased
dramatically, to more than 2,400 mortgages, and approximately
half of these mortgages, with over 230,000 units, are
delinquent;
(5) the inventory of insured and formerly insured
multifamily housing projects is rapidly deteriorating,
endangering tenants and neighborhoods;
(6) over 5 million families today have a critical need for
housing that is affordable and habitable; and
(7) the current statutory framework governing the
disposition of multifamily housing projects effectively
impedes the Government's ability to dispose of properties,
protect tenants, and ensure that projects are maintained over
time.
(b) Management and Disposition of Multifamily Housing
Projects.--Section 203 of the Housing and Community
Development Amendments of 1978 (12 U.S.C. 1701z-11) is
amended to read as follows:
``SEC. 203. MANAGEMENT AND DISPOSITION OF MULTIFAMILY HOUSING
PROJECTS.
``(a) Goals.--The Secretary of Housing and Urban
Development (in this section referred to as the `Secretary')
shall manage or dispose of multifamily housing projects that
are owned by the Secretary or that are subject to a mortgage
held by the Secretary in a manner that--
``(1) is consistent with the National Housing Act and this
section;
``(2) will protect the financial interests of the Federal
Government; and
``(3) will, in the least costly fashion among reasonable
available alternatives, further the goals of--
``(A) preserving housing so that it can remain available to
and affordable by low-income persons;
``(B) preserving and revitalizing residential
neighborhoods;
``(C) maintaining existing housing stock in a decent, safe,
and sanitary condition;
``(D) minimizing the involuntary displacement of tenants;
``(E) maintaining housing for the purpose of providing
rental housing, cooperative housing, and homeownership
opportunities for low-income persons; and
``(F) minimizing the need to demolish multifamily housing
projects.
The Secretary, in determining the manner in which a project
is to be managed or disposed of, may balance competing goals
relating to individual projects in a manner that will further
the purposes of this section.
``(b) Definitions.--For purposes of this section, the
following definitions shall apply:
``(1) Multifamily housing project.--The term `multifamily
housing project' means any multifamily rental housing project
which is, or prior to acquisition by the Secretary was,
assisted or insured under the National Housing Act, or was
subject to a loan under section 202 of the Housing Act of
1959.
``(2) Subsidized project.--The term `subsidized project'
means a multifamily housing project receiving any of the
following types of assistance immediately prior to the
assignment of the mortgage on such project to, or the
acquisition of such mortgage by, the Secretary:
``(A) Below market interest rate mortgage insurance under
the proviso of section 221(d)(5) of the National Housing Act.
``(B) Interest reduction payments made in connection with
mortgages insured under section 236 of the National Housing
Act.
``(C) Direct loans made under section 202 of the Housing
Act of 1959.
``(D) Assistance in the form of--
``(i) rent supplement payments under section 101 of the
Housing and Urban Development Act of 1965;
``(ii) housing assistance payments made under section 23 of
the United States Housing Act of 1937 (as in effect before
January 1, 1975); or
``(iii) housing assistance payments made under section 8 of
the United States Housing Act of 1937 (excluding payments
made for tenant-based assistance under section 8),
if (except for purposes of section 183(c) of the Housing and
Community Development Act of 1987) such assistance payments
are made to more than 50 percent of the units in the project.
``(3) Formerly subsidized project.--The term `formerly
subsidized project' means a multifamily housing project owned
by the Secretary that was a subsidized project immediately
prior to its acquisition by the Secretary.
``(4) Unsubsidized project.--The term `unsubsidized
project' means a multifamily housing project owned by the
Secretary that is not a subsidized project or a formerly
subsidized project.
``(c) Management or Disposition of Property.--
``(1) Disposition to purchasers.--The Secretary is
authorized, in carrying out this section, to dispose of a
multifamily housing project owned by the Secretary on a
negotiated, competitive bid, or other basis, on such terms as
the Secretary deems appropriate considering the low-income
character of the project and the requirements of subsection
(a), to a purchaser determined by the Secretary to be capable
of--
``(A) satisfying the conditions of the disposition;
``(B) implementing a sound financial and physical
management program that is designed to enable the project to
meet anticipated operating and repair expenses to ensure that
the project will remain in decent, safe, and sanitary
condition;
``(C) responding to the needs of the tenants and working
cooperatively with tenant organizations;
``(D) providing adequate organizational staff and financial
resources to the project; and
``(E) meeting such other requirements as the Secretary may
determine.
``(2) Contracting for management services.--The Secretary
is authorized, in carrying out this section--
[[Page 42]]
``(A) to contract for management services for a multifamily
housing project that is owned by the Secretary (or for which
the Secretary is mortgagee in possession), on a negotiated,
competitive bid, or other basis at a price determined by the
Secretary to be reasonable, with a manager the Secretary has
determined is capable of--
``(i) implementing a sound financial and physical
management program that is designed to enable the project to
meet anticipated operating and maintenance expenses to ensure
that the project will remain in decent, safe, and sanitary
condition;
``(ii) responding to the needs of the tenants and working
cooperatively with tenant organizations;
``(iii) providing adequate organizational, staff, and other
resources to implement a management program determined by the
Secretary; and
``(iv) meeting such other requirements as the Secretary may
determine; and
``(B) to require the owner of a multifamily housing project
that is subject to a mortgage held by the Secretary to
contract for management services for the project in the
manner described in subparagraph (A).
``(d) Maintenance of Housing Projects.--
``(1) Housing projects owned by the secretary.--In the case
of multifamily housing projects that are owned by the
Secretary (or for which the Secretary is mortgagee in
possession), the Secretary shall--
``(A) to the greatest extent possible, maintain all such
occupied projects in a decent, safe, and sanitary condition;
``(B) to the greatest extent possible, maintain full
occupancy in all such projects; and
``(C) maintain all such projects for purposes of providing
rental or cooperative housing.
``(2) Housing projects subject to a mortgage held by the
secretary.--In the case of any multifamily housing project
that is subject to a mortgage held by the Secretary, the
Secretary shall require the owner of the project to carry out
the requirements of paragraph (1).
``(e) Required Assistance.--In carrying out the goal
specified in subsection (a)(3)(A), the Secretary shall take
not less than one of the following actions:
``(1) Contract with owner.--Enter into contracts under
section 8 of the United States Housing Act of 1937, to the
extent budget authority is available, with owners of
multifamily housing projects that are acquired by a purchaser
other than the Secretary at foreclosure or after sale by the
Secretary.
``(A) Subsidized or formerly subsidized projects receiving
certain assistance.--In the case of a subsidized or formerly
subsidized project referred to in subparagraphs (A) through
(C) of subsection (b)(2)--
``(i) the contract shall be sufficient to assist at least
all units covered by an assistance contract under any of the
authorities referred to in subsection (b)(2)(D) before
acquisition, unless the Secretary acts pursuant to the
provisions of subparagraph (C);
``(ii) in the case of units requiring project-based rental
assistance pursuant to this paragraph that are occupied by
families who are not eligible for assistance under section 8,
a contract under this subparagraph shall also provide that
when a vacancy occurs, the owner shall lease the available
unit to a family eligible for assistance under section 8; and
``(iii) the Secretary shall take actions to ensure the
availability and affordability, as defined in paragraph
(3)(B), for the remaining useful life of the project, as
defined by the Secretary, of any unit located in any project
referred to in subparagraphs (A) through (C) of subsection
(b)(2) that does not otherwise receive project-based
assistance under this subparagraph. To carry out this clause,
the Secretary may require purchasers to establish use or rent
restrictions maintaining affordability, as defined in
paragraph (3)(B).
``(B) Subsidized or formerly subsidized projects receiving
other assistance.--In the case of a subsidized or formerly
subsidized project referred to in subsection (b)(2)(D)--
``(i) the contract shall be sufficient to assist at least
all units in the project that are covered, or were covered
immediately before foreclosure on or acquisition of the
project by the Secretary, by an assistance contract under any
of the authorities referred to in such subsection, unless the
Secretary acts pursuant to provisions of subparagraph (C);
and
``(ii) in the case of units requiring project-based rental
assistance pursuant to this paragraph that are occupied by
families who are not eligible for assistance under section 8,
a contract under this paragraph shall also provide that when
a vacancy occurs, the owner shall lease the available unit to
a family eligible for assistance under section 8.
``(C) Exceptions to subparagraphs (a) and (b).--In lieu of
providing project-based assistance under subparagraph (A) or
(B), the Secretary may require certain units in unsubsidized
projects to contain use restrictions providing that such
units will be available to and affordable by very low-income
families for the remaining useful life of the project, as
defined by the Secretary, if--
``(i) the Secretary matches any reduction in units
otherwise required to be assisted with project-based
assistance under subparagraph (A) or (B) with at least an
equivalent increase in units made affordable to very low-
income persons within unsubsidized projects;
``(ii) low-income tenants residing in units otherwise
requiring project-based assistance under subparagraph (A) or
(B) upon disposition receive section 8 tenant-based
assistance; and
``(iii) the units described in clause (i) are located
within the same market area.
``(D) Contract requirements for unsubsidized projects.--
Notwithstanding actions taken pursuant to subparagraph (C),
in unsubsidized projects, the contract shall at least be
sufficient to provide--
``(i) project-based rental assistance for all units that
are covered or were covered immediately before foreclosure or
acquisition by an assistance contract under--
``(I) section 8(b)(2) of the United States Housing Act of
1937 (as such section existed before October 1, 1983) (new
construction and substantial rehabilitation); section 8(b) of
such Act (property disposition); section 8(d)(2) of such Act
(project-based certificates); section 8(e)(2) of such Act
(moderate rehabilitation); section 23 of such Act (as in
effect before January 1, 1975); or section 101 of the Housing
and Urban Development Act of 1965 (rent supplements); or
``(II) section 8 of the United States Housing Act of 1937,
following conversion from section 101 of the Housing and
Urban Development Act of 1965; and
``(ii) tenant-based assistance under section 8 of the
United States Housing Act of 1937 for tenants currently
residing in units that were covered by an assistance contract
under the Loan Management Set-Aside program under section
8(b) of the United States Housing Act of 1937 immediately
before foreclosure or acquisition of the project by the
Secretary.
``(2) Annual contribution contracts.--In the case of
multifamily housing projects that are acquired by a purchaser
other than the Secretary at foreclosure or after sale by the
Secretary, enter into annual contribution contracts with
public housing agencies to provide tenant-based assistance
under section 8 of the United States Housing Act of 1937 to
all low-income families who are eligible for such assistance
on the date that the project is acquired by the purchaser.
The Secretary shall take action under this paragraph only
after making a determination that there is available in the
area an adequate supply of habitable affordable housing for
low-income families. Actions taken pursuant to this paragraph
may be taken in connection with not more than 10 percent of
the aggregate number of units in subsidized or formerly
subsidized projects disposed of by the Secretary annually.
``(3) Other assistance.--
``(A) In general.--In accordance with the authority
provided under the National Housing Act, reduce the selling
price, apply use or rent restrictions on certain units, or
provide other financial assistance to the owners of
multifamily housing projects that are acquired by a purchaser
other than the Secretary at foreclosure, or after sale by the
Secretary, on terms which will ensure that--
``(i) at least those units otherwise required to receive
project-based section 8 assistance pursuant to subparagraphs
(A), (B), or (D) of paragraph (1) are available to and
affordable by low-income persons; and
``(ii) for the remaining useful life of the project, as
defined by the Secretary, there shall be in force such use or
rent restrictions as the Secretary may prescribe.
``(B) Definition.--A unit shall be considered affordable
under this paragraph if--
``(i) for very low-income tenants, the rent for such unit
does not exceed 30 percent of 50 percent of the area median
income, as determined by the Secretary, with adjustments for
family size; and
``(ii) for low-income tenants other than very low-income
tenants, the rent for such unit does not exceed 30 percent of
80 percent of the area median income, as determined by the
Secretary, with adjustments for family size.
``(C) Very low-income tenants.--The Secretary shall provide
assistance under section 8 of the United States Housing Act
of 1937 to any very low-income tenant currently residing in a
unit otherwise required to receive project-based assistance
under section 8, pursuant to subparagraph (A), (B), or (D) of
paragraph (1), if the rents charged such tenants as a result
of actions taken pursuant to this paragraph exceed the amount
payable as rent under section 3(a) of the United States
Housing Act of 1937.
``(4) Transfer for use under other programs of the
secretary.--
``(A) In general.--Enter into an agreement providing for
the transfer of a multifamily housing project--
``(i) to a public housing agency for use of the project as
public housing; or
``(ii) to an owner or another appropriate entity for use of
the project under section 202 of the Housing Act of 1959 or
under section 811 of the Cranston-Gonzalez National
Affordable Housing Act.
``(B) Requirements for agreement.--The agreement described
in subparagraph (A) shall--
``(i) contain such terms, conditions, and limitations as
the Secretary determines appropriate, including requirements
to assure use of the project under the public housing,
section 202, and section 811 programs; and
``(ii) ensure that no current tenant will be displaced as a
result of actions taken under this paragraph.
``(f) Other Assistance.--In addition to the actions
authorized by subsection (e), the Secretary may take any of
the following actions:
``(1) Short-term loans.--Provide short-term loans to
facilitate the sale of multifamily housing projects to
nonprofit organizations or to public agencies if--
[[Page 43]]
``(A) authority for such loans is provided in advance in an
appropriations Act;
``(B) such loans are for a term of not more than 5 years;
``(C) the Secretary is presented with satisfactory
documentation, evidencing a commitment of permanent financing
to replace such short-term loan, from a lender who meets
standards set forth by the Secretary; and
``(D) the terms of such loans are consistent with
prevailing practices in the marketplace or the provision of
such loans results in no cost to the Government, as defined
in section 502 of the Congressional Budget Act.
``(2) Tenant-based assistance.--In connection with projects
referred to in subsection (e), make available tenant-based
assistance under section 8 of the United States Housing Act
of 1937 to very low-income families (as defined in section
3(b)(2) of the United States Housing Act of 1937) that do not
otherwise qualify for project-based assistance.
``(3) Alternative uses.--
``(A) In general.--Notwithstanding any other provision of
law, and subject to notice to and comment from existing
tenants, allow not more than--
``(i) 5 percent of the total number of units in multifamily
housing projects that are disposed of by the Secretary during
any 1-year period to be made available for uses other than
rental or cooperative uses, including low-income
homeownership opportunities, or in any particular project,
community space, office space for tenant or housing-related
service providers or security programs, or small business
uses, if such uses benefit the tenants of the project; and
``(ii) 5 percent of the total number of units in
multifamily housing projects that are disposed of by the
Secretary during any 1-year period to be used in any manner,
if the Secretary and the unit of general local government or
area-wide governing body determine that such use will further
fair housing, community development, or neighborhood
revitalization goals.
``(B) Displacement protection.--The Secretary shall make
available tenant-based rental assistance under section 8 of
the United States Housing Act of 1937 to any tenant displaced
as a result of actions taken by the Secretary pursuant to
subparagraph (A), and the Secretary shall take such actions
as the Secretary determines necessary to ensure the
successful use of any tenant-based assistance.
``(g) Authorization of Use or Rent Restrictions in
Unsubsidized Projects.--In carrying out the goals specified
in subsection (a), the Secretary may require certain units in
unsubsidized projects to contain use or rent restrictions
providing that such units will be available to and affordable
by very low-income persons for the remaining useful life of
the property, as defined by the Secretary.
``(h) Contract Requirements.--
``(1) Contract term.--
``(A) In general.--Contracts for project-based rental
assistance under section 8 of the United States Housing Act
of 1937 provided pursuant to this section shall be for a term
of not more than 15 years; and
``(B) Contract term of less than 15 years.--Notwithstanding
subparagraph (A), to the extent that units receive project-
based assistance for a contract term of less than 15 years,
the Secretary shall require that rents charged to tenants for
such units not exceed the amount payable for rent under
section 3(a) of the United States Housing Act of 1937 for a
period of at least 15 years.
``(2) Contract rent.--
``(A) In general.--The Secretary shall set contract rents
for section 8 project-based rental contracts issued under
this section at levels that, in conjunction with other
resources available to the purchaser, provide for the
necessary costs of rehabilitation of such project and do not
exceed the percentage of the existing housing fair market
rents for the area (as determined by the Secretary under
section 8(c) of the United States Housing Act of 1937) as the
Secretary may prescribe.
``(B) Up-front grants and loans.--If such an approach is
determined to be more cost-effective, the Secretary may
utilize the budget authority provided for project-based
section 8 contracts issued under this section to--
``(i) provide project-based section 8 rental assistance;
and
``(ii)(I) provide up-front grants for the necessary cost of
rehabilitation; or
``(II) pay for any cost to the Government, as defined in
section 502 of the Congressional Budget Act, for loans made
pursuant to subsection (f)(1).
``(i) Disposition Plan.--
``(1) In general.--Prior to the sale of a multifamily
housing project that is owned by the Secretary, the Secretary
shall develop a disposition plan for the project that
specifies the minimum terms and conditions of the Secretary
for disposition of the project, the initial sales price that
is acceptable to the Secretary, and the assistance that the
Secretary plans to make available to a prospective purchaser
in accordance with this section. The initial sales price
shall reflect the intended use of the property after sale.
``(2) Community and tenant input into disposition plans and
sales.--
``(A) In general.--In carrying out this section, the
Secretary shall develop procedures to obtain appropriate and
timely input into disposition plans from officials of the
unit of general local government affected, the community in
which the project is situated, and the tenants of the
project.
``(B) Tenant organizations.--The Secretary shall develop
procedures to facilitate, where feasible and appropriate, the
sale of multifamily housing projects to existing tenant
organizations with demonstrated capacity or to public or
nonprofit entities which represent or are affiliated with
existing tenant organizations.
``(C) Technical assistance.--
``(i) Use of funds.--To carry out the procedures developed
under subparagraphs (A) and (B), the Secretary is authorized
to provide technical assistance, directly or indirectly, and
to use amounts appropriated for technical assistance under
the Emergency Low Income Housing Preservation Act of 1987,
the Low-Income Housing Preservation and Resident
Homeownership Act of 1990, subtitle B of title IV of the
Cranston-Gonzalez National Affordable Housing Act, or under
this section for the provision of technical assistance under
this section.
``(ii) Source of funds.--Recipients of technical assistance
funding under the Emergency Low Income Housing Preservation
Act of 1987, the Low-Income Housing Preservation and Resident
Homeownership Act of 1990, subtitle B of title IV of the
Cranston-Gonzalez National Affordable Housing Act, or under
this section shall be permitted to provide technical
assistance to the extent of such funding under any of such
programs or under this section, notwithstanding the source of
funding.
``(j) Right of First Refusal.--
``(1) Procedure.--
``(A) Notification by secretary of the acquisition of
title.--Not later than 30 days after acquiring title to a
project, the Secretary shall notify the unit of general local
government and the State agency or agencies designated by the
Governor of the acquisition of such title.
``(B) Expression of interest.--Not later than 45 days after
receiving notification from the Secretary under subparagraph
(A), the unit of general local government or designated State
agency may submit to the Secretary a preliminary expression
of interest in the project. The Secretary may take such
actions as may be necessary to require the unit of general
local government or designated State agency to substantiate
such interest.
``(C) Timely expression of interest.--If the unit of
general local government or designated State agency has
expressed interest in the project before the expiration of
the 45-day period referred to in subparagraph (B), and has
substantiated such interest if requested, the Secretary, upon
approval of a disposition plan for a project, shall notify
the unit of general local government and designated State
agency of the terms and conditions of the disposition plan
and give the unit of general local government or designated
State agency not more than 90 days after the date of such
notification to make an offer to purchase the project.
``(D) No timely expression of interest.--If the unit of
general local government or designated State agency does not
express interest before the expiration of the 45-day period
referred to in subparagraph (B), or does not substantiate an
expressed interest if requested, the Secretary, upon approval
of a disposition plan, may offer the project for sale to any
interested person or entity.
``(2) Acceptance of offers.--Where the Secretary has given
the unit of general local government or designated State
agency 90 days to make an offer to purchase the project, the
Secretary shall accept an offer that complies with the terms
and conditions of the disposition plan. The Secretary may
accept an offer that does not comply with the terms and
conditions of the disposition plan if the Secretary
determines that the offer will further the goals specified in
subsection (a) by actions that include extension of the
duration of low-income affordability restrictions or
otherwise restructuring the transaction in a manner that
enhances the long-term affordability for low-income persons.
The Secretary shall, in particular, have discretion to reduce
the initial sales price in exchange for the extension of low-
income affordability restrictions beyond the period of
assistance contemplated by the attachment of assistance
pursuant to subsection (e). If the Secretary and the unit of
general local government or designated State agency cannot
reach agreement within 90 days, the Secretary may offer the
project for sale to the general public.
``(3) Purchase by unit of general local government or
designated state agency.--Notwithstanding any other provision
of law, a unit of general local government (including a
public housing agency) or designated State agency may
purchase a subsidized or formerly subsidized project in
accordance with this subsection.
``(4) Applicability.--This subsection shall apply to
projects that are acquired on or after the effective date of
this subsection. With respect to projects acquired before
such effective date, the Secretary may apply--
``(A) the requirements of paragraphs (2) and (3) of section
203(e) as such paragraphs existed immediately before the
effective date of this subsection; or
``(B) the requirements of paragraphs (1) and (2) of this
subsection, if the Secretary gives the unit of general local
government or designated State agency--
``(i) 45 days to express interest in the project; and
``(ii) if the unit of general local government or
designated State agency expresses interest in the project
before the expiration of the 45-day period, and substantiates
such
[[Page 44]]
interest if requested, 90 days from the date of notification
of the terms and conditions of the disposition plan to make
an offer to purchase the project.
``(k) Displacement of Tenants and Relocation Assistance.--
``(1) In general.--Whenever tenants will be displaced as a
result of the disposition of, or repairs to, a multifamily
housing project that is owned by the Secretary (or for which
the Secretary is mortgagee in possession), the Secretary
shall identify tenants who will be displaced, and shall
notify all such tenants of their pending displacement and of
any relocation assistance which may be available. In the case
of a multifamily housing project that is not owned by the
Secretary (and for which the Secretary is not mortgagee in
possession), the Secretary shall require the owner of the
project to carry out the requirements of this paragraph.
``(2) Rights of displaced tenants.--The Secretary shall
assure for any such tenant (who continues to meet applicable
qualification standards) the right--
``(A) to return, whenever possible, to a repaired unit;
``(B) to occupy a unit in another multifamily housing
project owned by the Secretary;
``(C) to obtain housing assistance under the United States
Housing Act of 1937; or
``(D) to receive any other available relocation assistance
as the Secretary determines to be appropriate.
``(l) Mortgage and Project Sales.--
``(1) In general.--The Secretary may not approve the sale
of any loan or mortgage held by the Secretary (including any
loan or mortgage owned by the Government National Mortgage
Association) on any subsidized project or formerly subsidized
project, unless such sale is made as part of a transaction
that will ensure that such project will continue to operate
at least until the maturity date of such loan or mortgage, in
a manner that will provide rental housing on terms at least
as advantageous to existing and future tenants as the terms
required by the program under which the loan or mortgage was
made or insured prior to the assignment of the loan or
mortgage on such project to the Secretary.
``(2) Sale of certain projects.--The Secretary may not
approve the sale of any subsidized project--
``(A) that is subject to a mortgage held by the Secretary;
or
``(B) if the sale transaction involves the provision of any
additional subsidy funds by the Secretary or a recasting of
the mortgage, unless such sale is made as part of a
transaction that will ensure that such project will continue
to operate at least until the maturity date of the loan or
mortgage, in a manner that will provide rental housing on
terms at least as advantageous to existing and future tenants
as the terms required by the program under which the loan or
mortgage was made or insured prior to the proposed sale of
the project.
``(3) Mortgage sales to state and local governments.--
Notwithstanding any provision of law that may require
competitive sales or bidding, the Secretary may carry out
negotiated sales of subsidized or formerly subsidized
mortgages held by the Secretary, without the competitive
selection of purchasers or intermediaries, to units of
general local government or State agencies, or groups of
investors that include at least one such unit of general
local government or State agency, if the negotiations are
conducted with such agencies, except that--
``(A) the terms of any such sale shall include the
agreement of the purchasing agency or unit of local
government or State agency to act as mortgagee or owner of a
beneficial interest in such mortgages, in a manner consistent
with maintaining the projects that are subject to such
mortgages for occupancy by the general tenant group intended
to be served by the applicable mortgage insurance program,
including, to the extent the Secretary determines
appropriate, authorizing such unit of local government or
State agency to enforce the provisions of any regulatory
agreement or other program requirements applicable to the
related projects; and
``(B) the sales prices for such mortgages shall be, in the
determination of the Secretary, the best prices that may be
obtained for such mortgages from a unit of general local
government or State agency, consistent with the expectation
and intention that the projects financed will be retained for
use under the applicable mortgage insurance program for the
life of the initial mortgage insurance contract.
``(4) Sale of mortgages covering unsubsidized projects.--
Notwithstanding any other provision of law, the Secretary may
sell mortgages held on unsubsidized projects on such terms
and conditions as the Secretary may prescribe.
``(m) Report to Congress.--Not later than June 1 of each
year, the Secretary shall submit to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee on
Banking, Finance and Urban Affairs of the House of
Representatives, a report describing the status of
multifamily housing projects owned by or subject to mortgages
held by the Secretary, which report shall include--
``(1) the name, address, and size of each project;
``(2) the nature and date of assignment;
``(3) the status of the mortgage;
``(4) the physical condition of the project;
``(5) an occupancy profile of the project, including the
income, family size, and race of current residents as well as
the rents paid by such residents;
``(6) the proportion of units in a project that are vacant;
``(7) the date on which the Secretary became mortgagee in
possession;
``(8) the date and conditions of any foreclosure sale;
``(9) the date of acquisition by the Secretary;
``(10) the date and conditions of any property disposition
sale;
``(11) a description of actions undertaken pursuant to this
section, including--
``(A) a comparison of results between actions taken after
enactment of the Housing and Community Development Act of
1993 and actions taken in years prior to such enactment;
``(B) a description of any impediments to the disposition
or management of multifamily housing projects, together with
a recommendation of proposed legislative or regulatory
changes designed to ameliorate such impediments;
``(C) a description of actions taken to restructure or
commence foreclosure on delinquent multifamily mortgages held
by the Department; and
``(D) a description of actions taken to monitor and prevent
the default of multifamily housing mortgages held by the
Federal Housing Administration;
``(12) a description of any of the functions performed in
connection with this section that are contracted out to
public or private entities or to States, including--
``(A) the costs associated with such delegation;
``(B) the implications of contracting out or delegating
such functions for current Department field or regional
personnel, including anticipated personnel or work load
reductions;
``(C) necessary oversight required by Department personnel,
including anticipated personnel hours devoted to such
oversight;
``(D) a description of any authority granted to such public
or private entities or States in conjunction with the
functions that have been delegated or contracted out or that
are not otherwise available for use by Department personnel;
and
``(E) the extent to which such public or private entities
or States include tenants of multifamily housing projects in
the disposition planning for such projects;
``(13) a description of the activities carried out under
subsection (j) during the preceding year; and
``(14) a description and assessment of the rules,
guidelines, and practices governing the Department's
management of multifamily housing projects that are owned by
the Secretary (or for which the Secretary is mortgagee in
possession) as well as the steps that the Secretary has taken
or plans to take to improve the management performance of the
Department.''.
(c) Effective Date.--The Secretary shall, by notice
published in the Federal Register, which shall take effect
upon publication, establish such requirements as may be
necessary to implement the amendments made by this section.
The notice shall invite public comments, and the Secretary
shall issue final regulations based on the initial notice,
taking into account any public comments received.
SEC. 2711. ELIMINATION OF EDUCATION PROGRAMS THAT HAVE
LARGELY ACHIEVED THEIR PURPOSE.
(a) Public Library Construction.--
(1) Repeal.--Title II of the Library Services and
Construction Act (20 U.S.C. 355a et seq.) is repealed.
(2) Conforming amendment.--Section 4(a)(2) of such Act (20
U.S.C. 351b(a)(2)) is repealed.
(b) Follow Through Program.--The Follow Through Act (42
U.S.C. 9861 et seq.) is repealed.
(c) Law-Related Education.--Section 1565 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 2965) is
repealed.
(d) Law School Clinical Experience Program.--Part G of
title IX of the Higher Education Act of 1965 (20 U.S.C. 1132u
et seq.) is repealed.
SEC. 2712. DEPARTMENT OF AGRICULTURE REORGANIZATION.
(a) Closure and Consolidation of Offices.--During the
period beginning on the date of the enactment of this Act and
ending on September 30, 1998, the Secretary of Agriculture
shall close or consolidate not less than 1,200 field offices
of the agencies of the Department of Agriculture described in
subsection (d).
(b) Purpose of Closure and Consolidation.--In addition to
reducing expenditures of the Department of Agriculture, the
closure and consolidation of field offices pursuant to this
section is intended to improve services provided to
agricultural producers in the United States through the
greater use of multipurpose field offices combining the
services of more than one of the agencies described in
subsection (d).
(c) Corresponding Reductions and Reorganization.--As part
of the closure and consolidation of field offices under
subsection (a), the Secretary of Agriculture shall--
(1) eliminate not less than 7,500 full-time employment
positions in the Department of Agriculture; and
(2) reorganize the headquarters corresponding to the
agencies described in subsection (d).
(d) Field Offices Described.--The field offices to be
closed and consolidated under this section shall be selected
from among the
[[Page 45]]
field offices of the Agricultural Stabilization and
Conservation Service, the Soil Conservation Service, the
Farmers Home Administration, and the Federal Crop Insurance
Corporation.
It was decided in the
Yeas
178
<3-line {>
negative
Nays
240
Para. 5.19 [Roll No. 10]
AYES--178
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barlow
Barrett (NE)
Bartlett
Barton
Bateman
Bilirakis
Bliley
Blute
Boehner
Bonilla
Brown (OH)
Bunning
Burton
Buyer
Callahan
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Cox
Crapo
Cunningham
Deal
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
English
Everett
Ewing
Fawell
Fields (TX)
Fingerhut
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallo
Gilchrest
Gingrich
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Inslee
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lambert
Leach
Levy
Lightfoot
Linder
Livingston
Long
Mann
Manzullo
Margolies-Mezvinsky
Mazzoli
McCollum
McCrery
McCurdy
McDade
McHugh
McInnis
McMillan
Meehan
Meyers
Mica
Miller (FL)
Minge
Molinari
Moorhead
Myers
Nussle
Orton
Oxley
Packard
Paxon
Payne (VA)
Penny
Peterson (MN)
Petri
Pombo
Porter
Portman
Poshard
Pryce (OH)
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rohrabacher
Roth
Roukema
Royce
Santorum
Sarpalius
Saxton
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Smith (MI)
Smith (NJ)
Smith (TX)
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Swett
Talent
Tanner
Tauzin
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Valentine
Vucanovich
Walker
Weldon
Wolf
Zeliff
Zimmer
NOES--240
Abercrombie
Ackerman
Andrews (ME)
Applegate
Bacchus (FL)
Barcia
Barrett (WI)
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Boehlert
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Bryant
Byrne
Calvert
Cantwell
Cardin
Carr
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Conyers
Costello
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Emerson
Engel
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Flake
Foglietta
Foley
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gillmor
Gilman
Glickman
Gonzalez
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Horn
Hoyer
Hughes
Hutto
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Levin
Lewis (CA)
Lewis (GA)
Lipinski
Lloyd
Lowey
Machtley
Maloney
Manton
Martinez
Matsui
McCandless
McCloskey
McDermott
McHale
McKeon
McKinney
McNulty
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murtha
Nadler
Natcher
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Pallone
Parker
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Pickett
Pickle
Price (NC)
Quillen
Rahall
Rangel
Reed
Richardson
Roemer
Rogers
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schaefer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Snowe
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Taylor (MS)
Taylor (NC)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
NOT VOTING--21
Andrews (TX)
Bentley
Brooks
Chapman
Collins (IL)
Crane
Green
Hastings
King
Lehman
Lewis (FL)
Markey
Michel
Murphy
Neal (MA)
Owens
Pomeroy
Reynolds
Shepherd
Smith (OR)
Washington
So the amendment was not agreed to.
After some further time,
Para. 5.20 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. FAZIO:
At the end of the bill insert the following:
``TITLE II--RESCISSIONS OF BUDGET AUTHORITY
SEC. 201. SHORT TITLE.
This title may be cited as the ``Fiscal Year 1994
Rescission Act''.
Chapter 1--Department of Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies
DEPARTMENT OF AGRICULTURE
Agricultural Research Service
(rescission and transfer of funds)
Of the funds made available under this heading in Public
Law 103-111 and subsequently transferred to the Human
Nutrition Information Service pursuant to Secretary's
Memorandum No. 1020-39, dated September 30, 1993, $1,000,000
are rescinded and the remaining funds are transferred to the
Agricultural Research Service: Provided, That funds
appropriated by Public Law 103-111 for the functions of the
former Human Nutrition Information Service shall be made
available only to the Agricultural Research Service.
Cooperative State Research Service
(rescission)
Of the funds made available under this heading in Public
Law 103-111, $14,279,000 are rescinded, including $4,375,000
for contracts and grants for agricultural research under the
Act of August 4, 1965, as amended; $7,000,000 for competitive
research grants; and $2,904,000 for necessary expenses of the
Cooperative State Research Service.
building and facilities
(rescission)
Of the funds made available under this heading in Public
Law 103-111, $2,897,000 are rescinded.
Agricultural Marketing Service
marketing services
(rescission and transfer of funds)
Of the funds made available under this heading in Public
Law 103-111 and subsequently transferred to the Agricultural
Cooperative Service pursuant to Secretary's Memorandum No.
1020-39, dated September 30, 1993, $100,000 are rescinded and
the remaining funds are transferred to the Rural Development
Administration.
payments to states and possessions
(transfer of funds)
Of the funds made available under this heading in Public
Law 103-111 and subsequently transferred to the Agriculture
Cooperative Service pursuant to Secretary's Memorandum No.
1020-39, dated September 30, 1993, $435,000 are transferred
to the Rural Development Administration.
Farmers Home Administration
rural housing insurance fund program account
(rescission)
Of the funds made available under this heading in Public
Law 103-111 for the cost of direct section 502 loans,
$35,000,000 are rescinded.
rural development loan fund program account
(rescission)
Of the funds made available under this heading in Public
Law 103-111 for the cost of direct loans, $20,000,000 are
rescinded.
rural water and waste disposal grants
(rescission)
Of the funds made available under this heading in Public
Law 103-111, $25,000,000 are rescinded.
salaries and expenses
(rescission)
Of the funds made available under this heading in Public
Law 103-111, $12,167,000 are rescinded.
Food and Nutrition Service
commodity supplemental food program
(rescission)
Of the funds made available under this heading in Public
Law 102-341, $12,600,000 are rescinded.
food donations programs for selected groups
(rescission)
Of the funds made available under this heading in Public
Law 102-341, $6,000,000 are rescinded.
Public Law 480 Program Account
(rescission)
Of the funds made available under this heading in Public
Law 103-111 for commodities supplied in connection with title
III, $20,000,000 are rescinded.
[[Page 46]]
Chapter 2--Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development revolving fund
(rescission)
Of the unobligated balances in the Economic Development
Revolving Fund, $29,000,000 are rescinded.
National Oceanic and Atmospheric Administration
construction
(rescission)
Of the amounts made available under this heading in Public
Law 103-121, $3,000,000 are rescinded.
DEPARTMENT OF JUSTICE
Administrative Provision
For fiscal year 1994 only, the Director of the Bureau of
Justice Assistance, upon good cause shown, may waive the
provisions of section 504(f) of the Omnibus Crime Control and
Safe Streets Act of 1968 for projects located in communities
covered under a Presidentially declared disaster pursuant to
the Robert T. Safford Disaster Relief and Emergency
Assistance Act.
DEPARTMENT OF STATE
Administration of Foreign Affairs
buying power maintenance
(rescission)
Of the balances in the Buying Power Maintenance account,
$8,800,000 are rescinded
new diplomatic posts
(rescission)
Of the funds made available for the United States
Information Agency under this heading in Public Law 102-395,
$1,000,000 are rescinded.
Administrative Provision
Subject to enactment of legislation authorizing the
Secretary of State to charge a fee or surcharge for
processing machine readable non-immigrant visas and machine
readable combined border crossing identification cards and
no-immigrant visas, the Secretary of State may collect not to
exceed $20,000,000 in additional fees or surcharges during
fiscal year 1994 pursuant to such authority: Provided, That
such additional fees shall be deposited as an offsetting
collection to the Department of State, Administration of
Foreign Affairs, ``Diplomatic and Consular Programs''
appropriation account and such fees shall remain available
until expended: Provided further, That such collections shall
be available only to modernize, automate, and enhance
consular services and counterterrorism activities of the
Department of State, to include the development and
installation of automated visa and namecheck information
systems, secure travel documents, worldwide
telecommunications systems, and management systems to permit
sharing of critical information regarding visa applicants and
help secure America's borders.
THE JUDICIARY
Courts of Appeals, District Courts, and Other Judicial Services
defender services
(rescission)
Of the funds made available under this heading in Public
Law 103-121, $3,000,000 are rescinded.
RELATED AGENCIES
Board for International Broadcasting
israel relay station
(rescission)
Of the funds made available under this heading, $1,700,000
are rescinded.
United States Information Agency
salaries and expenses
(including rescission)
Of the funds made available under this heading in Public
Law 103-121, $1,177,000 are rescinded.
Notwithstanding the provisions of this or any other Act,
not to exceed $2,000,000 of the funds made available under
this heading in Public Law 103-121 may be used to carry out
projects involving security construction and related
improvements for Agency facilities not physically located
together with Department of State facilities abroad:
Provided, That such funds may remain available until
expended.
educational and cultural exchange programs
(rescission)
Of the funds made available under this heading in Public
Law 103-121, $850,000 are rescinded.
radio construction
(rescission)
Of the funds made available under this heading in Public
Law 103-121, $2,000,000 are rescinded.
Chapter 3--Energy and Water Development
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
general investigations
(rescission)
Of the amounts made available this heading in Public Law
102-377 and prior years' Energy and Water Development
Appropriations Acts, $24,970,000 are rescinded.
construction, general
(rescission)
Of the amounts made available under this heading in Public
Law 102-377 and prior years' Energy and Water Development
Appropriations Acts, $97,319,000 are rescinded.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
construction program
(rescission)
Of the amounts made available under this heading in Public
Law 102-377 and prior years' Energy and Water Development
Appropriations Acts, $16,000,000 are rescinded.
DEPARTMENT OF ENERGY
Energy Supply, Research and Development Activites
(rescission)
Of the funds made available under this heading in Public
Law 103-126, $97,300,000 are rescinded: Provided, That the
reduction shall be taken as a general reduction, applied to
each program equally, so as not to eliminate or
disproportionately reduce any program, project, or activity
in the Energy Supply, Research and Development Activities
account as included in the reports accompanying Public Law
103-126.
Uranium Supply and Enrichment Activities
(rescission)
Of the amounts made available under this heading in Public
Law 102-377 and prior years' Energy and Water Development
Appropriations Acts, $42,000,000 are rescinded.
Chapter 4--Foreign Operations, Export Financing, and Related Agencies
MULTILATERAL ECONOMIC ASSISTANCE
funds appropriated to the president
International Financial Institutions
internatonal bank for reconstruction and development
(rescission)
Of the unexpended or unobligated balances made available
for payment to the International Bank for Reconstruction and
Development for the United States share of the paid-in share
portion of the increases in capital stock for the General
Capital Increase, $27,910,500 is rescinded.
limitation on callable capital subscriptions
Notwithstanding Public Law 103-87, the United States
Governor of the International Bank for Reconstruction and
Development may subscribe without fiscal year limitation to
the callable capital portion of the United States share of
the increases in capital stock in an amount not to exceed
$902,439,500.
contribution to the inter-american development bank
(rescission)
Of the unexpended or unobligated balances made available
for payment to the Inter-American Development Bank by the
Secretary of the Treasury, for the paid-in share portion of
the United States share of the increase in capital stock
$16,063,134 is rescinded.
limitation on callable capital subscriptions
Notwithstanding Public Law 103-87, the United States
Governor of the Inter-American Development Bank may subscribe
without fiscal year limitation to the callable capital
portion of the United States share of the increases in
capital stock in an amount not to exceed $1,563,875,725.
contribution to the asian development bank
(rescission)
Of the unexpended or unobligated balances made available
for payment to the Asian Development Bank by the Secretary of
the Treasury, for the paid-in share portion of the United
States share of the increase in capital stock $13,026,366 is
rescinded.
limitation on callable capital subscriptions
Notwithstanding Public Law 103-87, the United States
Governor of the Asian Development Bank may not subscribe in
fiscal year 1994 to the callable capital portion of the
United States share of any increases in capital stock.
BILATERAL ECONOMIC ASSISTANCE
funds appropriated to the president
Agency for International Development
development assistance
(rescission)
Of the unexpended or unobligated balances (including
earmarked funds) made available for fiscal years 1987 through
1993 to carry out the provisions of sections 103 through 106
of the Foreign Assistance Act of 1961, as amended,
$160,000,000 is rescinded: Provided, That funds rescinded
under this paragraph are to be derived from the following
countries in the following amounts: Guatemala, $8,000,000;
Honduras, $5,000,000; India, $10,000,000; Indonesia,
$15,000,000; Morocco, $10,000,000; Pakistan, $15,000,000;
Peru, $5,000,000; Philippines, $10,000,000; Thailand,
$10,000,000; and Yemen, $5,000,000: Provided further, That
$10,000,000 of the funds rescinded under this paragraph are
to be derived from non- country specific, centrally funded
activities: Provided further, That $57,000,000 of the funds
rescinded under this paragraph are to be derived from prior
year deobligated funds.
economic support fund
(rescission)
Of the unexpended or unobligated balances of funds
(including earmarked funds) made available for fiscal years
1987 through 1993 to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, as
[[Page 47]]
amended, $90,000,000 is rescinded: Provided, That funds
rescinded under this paragraph are to be derived from the
following countries in the following amounts: Kenya,
$2,000,000; Liberia, $797,000; Oman, $18,000,000; Peru,
$11,000,000; Philippines, $10,200,000; and Somalia,
$3,003,000: Provided further, That $45,000,000 of the funds
rescinded under this paragraph are to be derived from the
Private Sector Power Project (No. 391-0494) for Pakistan.
MILITARY ASSISTANCE
funds appropriated to the president
foreign military financing program
(rescission)
Of the grant funds made available (including earmarked
funds) under this heading in Public Law 102-391 and prior
appropriations Acts, $66,000,000 is rescinded: Provided, That
funds rescinded under this paragraph are to be derived from
the following countries in the following amounts: Benin,
$3,000; Cameroon, $161,000; Central African Republic,
$59,000; Congo, $7,000; Cote D'Ivoire, $128,000; Equatorial
Guinea, $86,000; Gabon, $3,000; Ghana, $600,000; Guatemala,
$1,563,000; Guinea, $499,000; Kenya, $9,000,000; Liberia,
$15,000; Madagascar, $505,000; Mali, $3,000; Malawi,
$326,000; Mauritania, $300,000; Morocco, $8,000,000;
Organization of American States, $6,000; Oman, $3,100,000;
Pakistan, $8,108,000; Peru, $6,533,000; Philippines,
$5,000,000; Rwanda, $250,000; Sao Tome & Principe, $228,000;
Somalia, $4,349,000; Sudan, $8,609,000; Thailand, $1,384,000;
Togo, $19,000; Tunisia, $4,100,000; Uganda, $100,000; Yemen,
$2,241,000; Zambia, $100,000; Zaire, $455,000; and Zimbabwe,
$160,000.
Chapter 5--Department of the Interior and Related Agencies
DEPARTMENT OF THE INTERIOR
U.S. Fish and Wildlife Service
construction and anadromous fish
(rescission)
Of the funds appropriated under this head in Public Law
100-466 and Public Law 102-154, $3,874,000 are rescinded.
DEPARTMENT OF THE TREASURY
biomass energy development
(rescission)
Of the funds available under this head, $16,275,000 are
rescinded.
DEPARTMENT OF ENERGY
administrative provisions, department of energy
Section 303 of Public Law 97-257, as amended, is repealed.
The seventh proviso under the head ``Clean Coal
Technology'' in Public Law 101-512, and the seventh proviso
under the head ``Clean Coal Technology'' in Public Law 102-
154, both concerning Federal employment, are repealed.
Chapter 6--Departments of Labor, Health and Human Services, Education,
and Related Agencies
DEPARTMENT OF LABOR
(rescission)
Of the amounts appropriated in Public Law 103-112 for
salaries and expenses and administrative costs of the
Department of Labor, $4,000,000 are rescinded.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
(rescission)
Of the amounts appropriated in Public Law 103-112 for
salaries and expenses and administrative costs of the
Department of Health and Human Services (except the Social
Security Administration), $37,500,000 are rescinded.
Social Security Administration
supplemental security income program
(rescission)
Of the amounts appropriated in the first paragraph under
this heading in Public Law 103-112, $10,909,000 are
rescinded.
limitation on administrative expenses
(rescission)
Of the funds made available under this heading in Public
Law 103-112 to invest in a state-of-the-art computing
network, $80,000,000 are rescinded.
DEPARTMENT OF EDUCATION
Departmental Management
program administration
(rescission)
Of the amounts appropriated under this heading in Public
Law 103-112 for salaries and expenses and administrative
costs of the Department of Education, $8,500,000 are
rescinded.
Chapter 7--Legistlative Branch
HOUSE OF REPRESENTATIVES
Salaries and Expenses
(rescission)
Of the amounts made available under this heading in Public
Law 101-520, $633,000 are rescinded in the amounts specified
for the following headings and accounts:
``Allowances and expenses'', $633,000, as follows:
``Official Expenses of Members'', $128,000; ``supplies,
materials, administrative costs and Federal tort claims'',
$125,000; ``net expenses of purchase, lease and maintenance
of office equipment'', $364,000; and ``Government
contributions to employees' life insurance fund, retirement
funds, Social Security fund, Medicare fund, health benefits
fund, and worker's and unemployment compensation'', $16,000.
Of the amounts made available under this heading in Public
Law 102-90 $2,352,000 are rescinded in the amounts specified
for the following headings and accounts:
``house leadership offices'', $253,000; ``committee on the
budget (studies)'', $4,000; ``standing committees, special
and select'', $378,000;
``allowances and expenses'', $943,000, as follows:
``Official Expenses of Members'', $876,000; and
``stenographic reporting of committee hearings'', $67,000;
``committee on appropriations (studies and investigations)'',
$595,000;
``salaries, officers and employees'', $179,000, as follows:
``Office of the Postmaster'', $19,000; ``for salaries and
expenses of the Office of the Historian'', $26,000; ``the
House Democratic Steering and Policy Committee and the
Democratic Caucus'', $73,000; and ``the House Republican
Conference'', $61,000.
ARCHITECT OF THE CAPITOL
Capitol Buildings and Grounds
capitol buildings
(rescission)
Of the amounts made available under this heading in Public
Law 102-392 and Public Law 103-69, $1,000,000 and $2,000,000,
respectively, both made available until expended, are
rescinded: Provided, That the Architect of the Capitol shall
be considered the agency for purposes of the election in
section 801(b)(2)(B) of the National Energy Conservation
Policy Act and the head of the agency for purposes of
subsection (b)(2)(C) of such section.
LIBRARY OF CONGRESS
(rescission)
Of the amounts made available under this heading in Public
Law 103-69 and Public Law 98-396, $900,000 are rescinded.
GENERAL ACCOUNTING OFFICE
Salaries and Expenses
(rescission)
Of the amounts made available under this heading in Public
Law 103-69, $1,300,000 are rescinded.
Chapter 8--Department of Defense-Military
MILITARY CONSTRUCTION
(rescissions)
Of the funds appropriated under Public Law 103-110, the
following funds are hereby rescinded from the following
accounts in the specified amounts:
Military Construction, Army, $22,319,000;
Military Construction, Navy, $13,969,000;
Military Construction, Air Force, $24,787,000;
Military Construction, Defense-Wide, $13,663,000;
Military Construction, Army National Guard, $7,568,000;
Military Construction, Air National Guard, $6,187,000;
Military Construction, Army Reserve, $2,551,000;
Military Construction, Naval Reserve, $626,000;
Military Construction, Air Force Reserve, $1,862,000;
North Atlantic Treaty Organization Infrastructure,
$70,000,000; and
Base Realignment and Closure Account, Part III,
$437,692,000:
Provided, That, within funds available for ``Base Realignment
and Closure Account, Part III'' for fiscal year 1994, not
less than $200,000,000 shall be available solely for
environmental restoration.
Chapter 9--Department of Transportation and Related Agencies
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
Payments to Air Carriers
(airport and airway trust fund)
(rescission)
The funds provided for ``Small community air service''
under section 419 of the Federal Aviation Act of 1958, as
amended, in excess of the funds made available for obligation
in Public Law 103-122 are rescinded.
COAST GUARD
Operating Expenses
(rescission)
Of the funds provided under this heading in Public Law 102-
368, $5,000,000 are rescinded.
Acquisition, Construction, and Improvements
(rescission)
Of the funds provided under this heading in Public Law 102-
368, $2,000,000 are rescinded.
FEDERAL AVIATION ADMINISTRATION
Operations
(rescission)
Of the funds made available under this heading in Public
Law 103-122, $750,000 are rescinded.
Facilities and Equipment
(airport and airway trust fund)
(rescission)
Of the available balances (including earmarked funds) under
this heading, $29,451,111 are rescinded.
Grants-In-Aid for Airports
(airport and airway trust fund)
(rescission)
Of the funds provided under the Airport and Airway
Improvement Act of 1982, as amended, for grants-in-aid for
airport planning and development and noise compatibility
planning and programs, $488,200,000 of the
[[Page 48]]
amount in excess of the funds made available for obligation
in Public Law 103-122 are rescinded.
FEDERAL HIGHWAY ADMINISTRATION
(rescission)
Of the funds made available for specific highway projects
that are not yet under construction, $85,774,222 are
rescinded: Provided, That no funds shall be rescinded from
any emergency relief project funded under section 125 of
title 23, United States Code: Provided further, That for the
purposes of this paragraph, a project shall be deemed to be
not under construction unless a construction contract for
physical construction has been awarded by the State,
municipality, or other contracting authority.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
Operations and Research
(rescission)
Of the amounts provided under this heading in Public Law
102-388, $3,476,000 are rescinded.
Of the amounts provided under this heading in Public Law
101-516, $1,075,000 are rescinded.
Of the amounts provided under this heading in Public Law
101-164, $2,505,000 are rescinded.
FEDERAL TRANSIT ADMINISTRATION
Discretionary Grants
(highway trust fund)
(rescission)
Any unobligated balances of funds made available for fiscal
year 1991 and prior fiscal years under section 3 of the
Federal Transit Act, as amended, and allocated to specific
projects for the replacement, rehabilitation, and purchase of
buses and related equipment, for construction of bus-related
facilities, and for new fixed guideway systems are rescinded:
Provided, That no funds provided for the Miami Metromover
project shall be rescinded: Provided further, That of the
funds provided under this heading in Public Law 103-122,
$2,500,000 are rescinded.
Chapter 10--Treasury, Postal Service, and General Government
GENERAL SERVICES ADMINISTRATION
federal buildings fund
(rescission)
Of the funds made available under this heading in Public
Law 103-123, $126,022,000, are rescinded and are not
available in fiscal year 1994: Provided, That no individual
prospectus-level new construction project may be reduced by
more than 5 percent.
ADMINISTRATIVE PROVISION
Section 630 of the Treasury, Postal Service, and General
Government Appropriations Act, 1993 (Public Law 102-393), and
the amendment made by that section, are repealed.
Chapter 11--Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies
DEPARTMENT OF VETERANS AFFAIRS
Departmental Administration
construction, major projects
(rescission)
Of the funds made available under this heading in Public
Law 103-124, $26,000,000 are rescinded.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Housing Programs
homeownership and opportunity for people everywhere grants (hope
grants)
(rescission)
Of the funds made available under this heading in Public
Law 102-389 and Public Law 102-139, $66,000,000 are
rescinded: Provided, That of the foregoing amount,
$34,000,000 shall be deducted from the amounts earmarked for
the HOPE for Public and Indian Housing Homeownership Program
and $32,000,000 shall be deducted from the amounts earmarked
for the HOPE for Homeownership of Multifamily Units Program.
annual contributions for assisted housing
(rescission)
Of the funds made available under this heading in Public
Law 102-389 and prior years, and earmarked for amendments to
section 8 contracts other than contracts for projects
developed under section 202 of the Housing Act of 1959,
$25,000,000 are rescinded.
assistance for the renewal of expiring section 8 subsidy contracts
(rescission)
Of the funds made available under this heading in Public
Law 102-389 and prior years, $20,000,000 are rescinded.
administrative provision
Notwithstanding any other provision of law, the City of
Slidell, Louisiana, is authorized to submit not later than 10
days following the enactment of this Act, and the Secretary
of Housing and Urban Development shall consider, the final
statement of community development objectives and projected
use of funds required by section 104(a)(1) of the Housing and
Community Development Act of 1974 (42 U.S.C. 5304(a)(1)) in
connection with a grant to the City of Slidell under title I
of such Act for fiscal year 1994.
INDEPENDENT AGENCIES
Environmental Protection Agency
water infrastructure/state revolving funds
(including rescission of funds)
Of the funds made available under this heading in Public
Law 103-124, $22,000,000 are rescinded: Provided, That the
$500,000,000 earmarked under this heading in Public Law 103-
124 to not become available until May 31, 1994, shall instead
not become available until September 30, 1994.
Federal Emergency Management Agency
emergency management planning and assistance
(rescission)
Of the funds made available under this heading in Public
Law 103-124, $2,000,000 are rescinded.
National Aeronautics and Space Administration
research and development
(rescission)
Of the funds made available under this heading in Public
Law 103-124, $25,000,000 are rescinded.
construction of facilities
(rescission)
Of the funds made available under this heading in Public
Law 103-124, $25,000,000 are rescinded.
National Science Foundation
academic research infrastructure
(rescission)
Of the funds made available under this heading in Public
Law 103-124, $10,000,000 are rescinded.
National Service Initiative
corporation for national community service
(rescission)
Of the funds made available under this heading in Public
Law 103-124, $5,000,000 are rescinded.
Executive Office of the President
office of science and technology policy
The proviso under this heading in Public Law 103-124 is
repealed.''.
It was decided in the
Yeas
415
<3-line {>
affirmative
Nays
2
Para. 5.21 [Roll No. 11]
AYES--415
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Faleomavaega (AS)
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Foley
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Gordon
Goss
Grams
Grandy
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Levin
Levy
Lewis (CA)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Nadler
Natcher
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Ortiz
[[Page 49]]
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--2
Brewster
Goodling
NOT VOTING--22
Andrews (TX)
Bentley
Brooks
Chapman
Collins (IL)
Crane
Green
Hastings
Johnston
Lehman
Lewis (FL)
Markey
Michel
Murphy
Owens
Pomeroy
Reynolds
Shepherd
Smith (OR)
Torres
Vento
Washington
So the amendment was agreed to.
After some further time,
The SPEAKER pro tempore, Mr. MOAKLEY, assumed the Chair.
When Mrs. KENNELLY, Chairman, pursuant to House Resolution 336,
reported the bill back to the House with sundry amendments adopted by
the Committee.
The previous question having been ordered by said resolution.
The following amendments, reported from the Committee of the Whole
House on the state of the Union, were agreed to:
At the end of the bill, insert after the last section
(preceding the short title) the following new section:
Sec. . In the case of any equipment or product that may
be authorize to be purchased with financial assistance
provided using funds made available in this Act, it is the
sense of the Congress that entities receiving the assistance
should, in expending the assistance, purchase only American-
made equipment and products, and that notice of this
provision be given to each recipient of assistance covered
under this Act.
At the end of the bill insert the following:
``TITLE II--RESCISSIONS OF BUDGET AUTHORITY
SEC. 201. SHORT TITLE.
This title may be cited as the ``Fiscal Year 1994
Rescission Act''.
Chapter 1--Department of Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies
DEPARTMENT OF AGRICULTURE
Agricultural Research Service
(rescission and transfer of funds)
Of the funds made available under this heading in Public
Law 103-111 and subsequently transferred to the Human
Nutrition Information Service pursuant to Secretary's
Memorandum No. 1020-39, dated September 30, 1993, $1,000,000
are rescinded and the remaining funds are transferred to the
Agricultural Research Service: Provided, That funds
appropriated by Public Law 103-111 for the functions of the
former Human Nutrition Information Service shall be made
available only to the Agricultural Research Service.
Cooperative State Research Service
(rescission)
Of the funds made available under this heading in Public
Law 103-111, $14,279,000 are rescinded, including $4,375,000
for contracts and grants for agricultural research under the
Act of August 4, 1965, as amended; $7,000,000 for competitive
research grants; and $2,904,000 for necessary expenses of the
Cooperative State Research Service.
building and facilities
(rescission)
Of the funds made available under this heading in Public
Law 103-111, $2,897,000 are rescinded.
Agricultural Marketing Service
marketing services
(rescission and transfer of funds)
Of the funds made available under this heading in Public
Law 103-111 and subsequently transferred to the Agricultural
Cooperative Service pursuant to Secretary's Memorandum No.
1020-39, dated September 30, 1993, $100,000 are rescinded and
the remaining funds are transferred to the Rural Development
Administration.
payments to states and possessions
(transfer of funds)
Of the funds made available under this heading in Public
Law 103-111 and subsequently transferred to the Agriculture
Cooperative Service pursuant to Secretary's Memorandum No.
1020-39, dated September 30, 1993, $435,000 are transferred
to the Rural Development Administration.
Farmers Home Administration
rural housing insurance fund program account
(rescission)
Of the funds made available under this heading in Public
Law 103-111 for the cost of direct section 502 loans,
$35,000,000 are rescinded.
rural development loan fund program account
(rescission)
Of the funds made available under this heading in Public
Law 103-111 for the cost of direct loans, $20,000,000 are
rescinded.
rural water and waste disposal grants
(rescission)
Of the funds made available under this heading in Public
Law 103-111, $25,000,000 are rescinded.
salaries and expenses
(rescission)
Of the funds made available under this heading in Public
Law 103-111, $12,167,000 are rescinded.
Food and Nutrition Service
commodity supplemental food program
(rescission)
Of the funds made available under this heading in Public
Law 102-341, $12,600,000 are rescinded.
food donations programs for selected groups
(rescission)
Of the funds made available under this heading in Public
Law 102-341, $6,000,000 are rescinded.
Public Law 480 Program Account
(rescission)
Of the funds made available under this heading in Public
Law 103-111 for commodities supplied in connection with title
III, $20,000,000 are rescinded.
Chapter 2--Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development revolving fund
(rescission)
Of the unobligated balances in the Economic Development
Revolving Fund, $29,000,000 are rescinded.
National Oceanic and Atmospheric Administration
construction
(rescission)
Of the amounts made available under this heading in Public
Law 103-121, $3,000,000 are rescinded.
DEPARTMENT OF JUSTICE
Administrative Provision
For fiscal year 1994 only, the Director of the Bureau of
Justice Assistance, upon good cause shown, may waive the
provisions of section 504(f) of the Omnibus Crime Control and
Safe Streets Act of 1968 for projects located in communities
covered under a Presidentially declared disaster pursuant to
the Robert T. Safford Disaster Relief and Emergency
Assistance Act.
DEPARTMENT OF STATE
Administration of Foreign Affairs
buying power maintenance
(rescission)
Of the balances in the Buying Power Maintenance account,
$8,800,000 are rescinded
new diplomatic posts
(rescission)
Of the funds made available for the United States
Information Agency under this heading in Public Law 102-395,
$1,000,000 are rescinded.
Administrative Provision
Subject to enactment of legislation authorizing the
Secretary of State to charge a fee or surcharge for
processing machine readable non-immigrant visas and machine
readable combined border crossing identification cards and
no-immigrant visas, the Secretary of State may collect not to
exceed $20,000,000 in additional fees or surcharges during
fiscal year 1994 pursuant to such authority: Provided, That
such additional fees shall be deposited as an offsetting
collection to the Department of State, Administration of
Foreign Affairs, ``Diplomatic and Consular Programs''
appropriation account and such fees shall remain available
until expended: Provided further, That such collections shall
be available only to modernize, automate, and enhance
consular services and counterterrorism activities of the
Department of State, to include the development and
installation of automated visa and namecheck information
systems, secure travel documents, worldwide
telecommunications systems, and management systems to permit
sharing of critical information regarding visa applicants and
help secure America's borders.
[[Page 50]]
THE JUDICIARY
Courts of Appeals, District Courts, and Other Judicial Services
defender services
(rescission)
Of the funds made available under this heading in Public
Law 103-121, $3,000,000 are rescinded.
RELATED AGENCIES
Board for International Broadcasting
israel relay station
(rescission)
Of the funds made available under this heading, $1,700,000
are rescinded.
United States Information Agency
salaries and expenses
(including rescission)
Of the funds made available under this heading in Public
Law 103-121, $1,177,000 are rescinded.
Notwithstanding the provisions of this or any other Act,
not to exceed $2,000,000 of the funds made available under
this heading in Public Law 103-121 may be used to carry out
projects involving security construction and related
improvements for Agency facilities not physically located
together with Department of State facilities abroad:
Provided, That such funds may remain available until
expended.
educational and cultural exchange programs
(rescission)
Of the funds made available under this heading in Public
Law 103-121, $850,000 are rescinded.
radio construction
(rescission)
Of the funds made available under this heading in Public
Law 103-121, $2,000,000 are rescinded.
Chapter 3--Energy and Water Development
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
general investigations
(rescission)
Of the amounts made available this heading in Public Law
102-377 and prior years' Energy and Water Development
Appropriations Acts, $24,970,000 are rescinded.
construction, general
(rescission)
Of the amounts made available under this heading in Public
Law 102-377 and prior years' Energy and Water Development
Appropriations Acts, $97,319,000 are rescinded.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
construction program
(rescission)
Of the amounts made available under this heading in Public
Law 102-377 and prior years' Energy and Water Development
Appropriations Acts, $16,000,000 are rescinded.
DEPARTMENT OF ENERGY
Energy Supply, Research and Development Activites
(rescission)
Of the funds made available under this heading in Public
Law 103-126, $97,300,000 are rescinded: Provided, That the
reduction shall be taken as a general reduction, applied to
each program equally, so as not to eliminate or
disproportionately reduce any program, project, or activity
in the Energy Supply, Research and Development Activities
account as included in the reports accompanying Public Law
103-126.
Uranium Supply and Enrichment Activities
(rescission)
Of the amounts made available under this heading in Public
Law 102-377 and prior years' Energy and Water Development
Appropriations Acts, $42,000,000 are rescinded.
Chapter 4--Foreign Operations, Export Financing, and Related Agencies
MULTILATERAL ECONOMIC ASSISTANCE
funds appropriated to the president
International Financial Institutions
internatonal bank for reconstruction and development
(rescission)
Of the unexpended or unobligated balances made available
for payment to the International Bank for Reconstruction and
Development for the United States share of the paid-in share
portion of the increases in capital stock for the General
Capital Increase, $27,910,500 is rescinded.
limitation on callable capital subscriptions
Notwithstanding Public Law 103-87, the United States
Governor of the International Bank for Reconstruction and
Development may subscribe without fiscal year limitation to
the callable capital portion of the United States share of
the increases in capital stock in an amount not to exceed
$902,439,500.
contribution to the inter-american development bank
(rescission)
Of the unexpended or unobligated balances made available
for payment to the Inter-American Development Bank by the
Secretary of the Treasury, for the paid-in share portion of
the United States share of the increase in capital stock
$16,063,134 is rescinded.
limitation on callable capital subscriptions
Notwithstanding Public Law 103-87, the United States
Governor of the Inter-American Development Bank may subscribe
without fiscal year limitation to the callable capital
portion of the United States share of the increases in
capital stock in an amount not to exceed $1,563,875,725.
contribution to the asian development bank
(rescission)
Of the unexpended or unobligated balances made available
for payment to the Asian Development Bank by the Secretary of
the Treasury, for the paid-in share portion of the United
States share of the increase in capital stock $13,026,366 is
rescinded.
limitation on callable capital subscriptions
Notwithstanding Public Law 103-87, the United States
Governor of the Asian Development Bank may not subscribe in
fiscal year 1994 to the callable capital portion of the
United States share of any increases in capital stock.
BILATERAL ECONOMIC ASSISTANCE
funds appropriated to the president
Agency for International Development
development assistance
(rescission)
Of the unexpended or unobligated balances (including
earmarked funds) made available for fiscal years 1987 through
1993 to carry out the provisions of sections 103 through 106
of the Foreign Assistance Act of 1961, as amended,
$160,000,000 is rescinded: Provided, That funds rescinded
under this paragraph are to be derived from the following
countries in the following amounts: Guatemala, $8,000,000;
Honduras, $5,000,000; India, $10,000,000; Indonesia,
$15,000,000; Morocco, $10,000,000; Pakistan, $15,000,000;
Peru, $5,000,000; Philippines, $10,000,000; Thailand,
$10,000,000; and Yemen, $5,000,000: Provided further, That
$10,000,000 of the funds rescinded under this paragraph are
to be derived from non- country specific, centrally funded
activities: Provided further, That $57,000,000 of the funds
rescinded under this paragraph are to be derived from prior
year deobligated funds.
economic support fund
(rescission)
Of the unexpended or unobligated balances of funds
(including earmarked funds) made available for fiscal years
1987 through 1993 to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, as amended,
$90,000,000 is rescinded: Provided, That funds rescinded
under this paragraph are to be derived from the following
countries in the following amounts: Kenya, $2,000,000;
Liberia, $797,000; Oman, $18,000,000; Peru, $11,000,000;
Philippines, $10,200,000; and Somalia, $3,003,000: Provided
further, That $45,000,000 of the funds rescinded under this
paragraph are to be derived from the Private Sector Power
Project (No. 391-0494) for Pakistan.
MILITARY ASSISTANCE
funds appropriated to the president
foreign military financing program
(rescission)
Of the grant funds made available (including earmarked
funds) under this heading in Public Law 102-391 and prior
appropriations Acts, $66,000,000 is rescinded: Provided, That
funds rescinded under this paragraph are to be derived from
the following countries in the following amounts: Benin,
$3,000; Cameroon, $161,000; Central African Republic,
$59,000; Congo, $7,000; Cote D'Ivoire, $128,000; Equatorial
Guinea, $86,000; Gabon, $3,000; Ghana, $600,000; Guatemala,
$1,563,000; Guinea, $499,000; Kenya, $9,000,000; Liberia,
$15,000; Madagascar, $505,000; Mali, $3,000; Malawi,
$326,000; Mauritania, $300,000; Morocco, $8,000,000;
Organization of American States, $6,000; Oman, $3,100,000;
Pakistan, $8,108,000; Peru, $6,533,000; Philippines,
$5,000,000; Rwanda, $250,000; Sao Tome & Principe, $228,000;
Somalia, $4,349,000; Sudan, $8,609,000; Thailand, $1,384,000;
Togo, $19,000; Tunisia, $4,100,000; Uganda, $100,000; Yemen,
$2,241,000; Zambia, $100,000; Zaire, $455,000; and Zimbabwe,
$160,000.
Chapter 5--Department of the Interior and Related Agencies
DEPARTMENT OF THE INTERIOR
U.S. Fish and Wildlife Service
construction and anadromous fish
(rescission)
Of the funds appropriated under this head in Public Law
100-466 and Public Law 102-154, $3,874,000 are rescinded.
DEPARTMENT OF THE TREASURY
biomass energy development
(rescission)
Of the funds available under this head, $16,275,000 are
rescinded.
DEPARTMENT OF ENERGY
administrative provisions, department of energy
Section 303 of Public Law 97-257, as amended, is repealed.
The seventh proviso under the head ``Clean Coal
Technology'' in Public Law 101-512, and the seventh proviso
under the head ``Clean Coal Technology'' in Public Law 102-
154, both concerning Federal employment, are repealed.
[[Page 51]]
Chapter 6--Departments of Labor, Health and Human Services, Education,
and Related Agencies
DEPARTMENT OF LABOR
(rescission)
Of the amounts appropriated in Public Law 103-112 for
salaries and expenses and administrative costs of the
Department of Labor, $4,000,000 are rescinded.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
(rescission)
Of the amounts appropriated in Public Law 103-112 for
salaries and expenses and administrative costs of the
Department of Health and Human Services (except the Social
Security Administration), $37,500,000 are rescinded.
Social Security Administration
supplemental security income program
(rescission)
Of the amounts appropriated in the first paragraph under
this heading in Public Law 103-112, $10,909,000 are
rescinded.
limitation on administrative expenses
(rescission)
Of the funds made available under this heading in Public
Law 103-112 to invest in a state-of-the-art computing
network, $80,000,000 are rescinded.
DEPARTMENT OF EDUCATION
Departmental Management
program administration
(rescission)
Of the amounts appropriated under this heading in Public
Law 103-112 for salaries and expenses and administrative
costs of the Department of Education, $8,500,000 are
rescinded.
Chapter 7--Legistlative Branch
HOUSE OF REPRESENTATIVES
Salaries and Expenses
(rescission)
Of the amounts made available under this heading in Public
Law 101-520, $633,000 are rescinded in the amounts specified
for the following headings and accounts:
``Allowances and expenses'', $633,000, as follows:
``Official Expenses of Members'', $128,000; ``supplies,
materials, administrative costs and Federal tort claims'',
$125,000; ``net expenses of purchase, lease and maintenance
of office equipment'', $364,000; and ``Government
contributions to employees' life insurance fund, retirement
funds, Social Security fund, Medicare fund, health benefits
fund, and worker's and unemployment compensation'', $16,000.
Of the amounts made available under this heading in Public
Law 102-90 $2,352,000 are rescinded in the amounts specified
for the following headings and accounts:
``house leadership offices'', $253,000; ``committee on the
budget (studies)'', $4,000; ``standing committees, special
and select'', $378,000;
``allowances and expenses'', $943,000, as follows:
``Official Expenses of Members'', $876,000; and
``stenographic reporting of committee hearings'', $67,000;
``committee on appropriations (studies and investigations)'',
$595,000;
``salaries, officers and employees'', $179,000, as follows:
``Office of the Postmaster'', $19,000; ``for salaries and
expenses of the Office of the Historian'', $26,000; ``the
House Democratic Steering and Policy Committee and the
Democratic Caucus'', $73,000; and ``the House Republican
Conference'', $61,000.
ARCHITECT OF THE CAPITOL
Capitol Buildings and Grounds
capitol buildings
(rescission)
Of the amounts made available under this heading in Public
Law 102-392 and Public Law 103-69, $1,000,000 and $2,000,000,
respectively, both made available until expended, are
rescinded: Provided, That the Architect of the Capitol shall
be considered the agency for purposes of the election in
section 801(b)(2)(B) of the National Energy Conservation
Policy Act and the head of the agency for purposes of
subsection (b)(2)(C) of such section.
LIBRARY OF CONGRESS
(rescission)
Of the amounts made available under this heading in Public
Law 103-69 and Public Law 98-396, $900,000 are rescinded.
GENERAL ACCOUNTING OFFICE
Salaries and Expenses
(rescission)
Of the amounts made available under this heading in Public
Law 103-69, $1,300,000 are rescinded.
Chapter 8--Department of Defense-Military
MILITARY CONSTRUCTION
(rescissions)
Of the funds appropriated under Public Law 103-110, the
following funds are hereby rescinded from the following
accounts in the specified amounts:
Military Construction, Army, $22,319,000;
Military Construction, Navy, $13,969,000;
Military Construction, Air Force, $24,787,000;
Military Construction, Defense-Wide, $13,663,000;
Military Construction, Army National Guard, $7,568,000;
Military Construction, Air National Guard, $6,187,000;
Military Construction, Army Reserve, $2,551,000;
Military Construction, Naval Reserve, $626,000;
Military Construction, Air Force Reserve, $1,862,000;
North Atlantic Treaty Organization Infrastructure,
$70,000,000; and
Base Realignment and Closure Account, Part III,
$437,692,000:
Provided, That, within funds available for ``Base Realignment
and Closure Account, Part III'' for fiscal year 1994, not
less than $200,000,000 shall be available solely for
environmental restoration.
Chapter 9--Department of Transportation and Related Agencies
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
Payments to Air Carriers
(airport and airway trust fund)
(rescission)
The funds provided for ``Small community air service''
under section 419 of the Federal Aviation Act of 1958, as
amended, in excess of the funds made available for obligation
in Public Law 103-122 are rescinded.
COAST GUARD
Operating Expenses
(rescission)
Of the funds provided under this heading in Public Law 102-
368, $5,000,000 are rescinded.
Acquisition, Construction, and Improvements
(rescission)
Of the funds provided under this heading in Public Law 102-
368, $2,000,000 are rescinded.
FEDERAL AVIATION ADMINISTRATION
Operations
(rescission)
Of the funds made available under this heading in Public
Law 103-122, $750,000 are rescinded.
Facilities and Equipment
(airport and airway trust fund)
(rescission)
Of the available balances (including earmarked funds) under
this heading, $29,451,111 are rescinded.
Grants-In-Aid for Airports
(airport and airway trust fund)
(rescission)
Of the funds provided under the Airport and Airway
Improvement Act of 1982, as amended, for grants-in-aid for
airport planning and development and noise compatibility
planning and programs, $488,200,000 of the amount in excess
of the funds made available for obligation in Public Law 103-
122 are rescinded.
FEDERAL HIGHWAY ADMINISTRATION
(rescission)
Of the funds made available for specific highway projects
that are not yet under construction, $85,774,222 are
rescinded: Provided, That no funds shall be rescinded from
any emergency relief project funded under section 125 of
title 23, United States Code: Provided further, That for the
purposes of this paragraph, a project shall be deemed to be
not under construction unless a construction contract for
physical construction has been awarded by the State,
municipality, or other contracting authority.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
Operations and Research
(rescission)
Of the amounts provided under this heading in Public Law
102-388, $3,476,000 are rescinded.
Of the amounts provided under this heading in Public Law
101-516, $1,075,000 are rescinded.
Of the amounts provided under this heading in Public Law
101-164, $2,505,000 are rescinded.
FEDERAL TRANSIT ADMINISTRATION
Discretionary Grants
(highway trust fund)
(rescission)
Any unobligated balances of funds made available for fiscal
year 1991 and prior fiscal years under section 3 of the
Federal Transit Act, as amended, and allocated to specific
projects for the replacement, rehabilitation, and purchase of
buses and related equipment, for construction of bus-related
facilities, and for new fixed guideway systems are rescinded:
Provided, That no funds provided for the Miami Metromover
project shall be rescinded: Provided further, That of the
funds provided under this heading in Public Law 103-122,
$2,500,000 are rescinded.
Chapter 10--Treasury, Postal Service, and General Government
GENERAL SERVICES ADMINISTRATION
federal buildings fund
(rescission)
Of the funds made available under this heading in Public
Law 103-123, $126,022,000, are rescinded and are not
available in fiscal year 1994: Provided, That no individual
prospectus-level new construction project may be reduced by
more than 5 percent.
ADMINISTRATIVE PROVISION
Section 630 of the Treasury, Postal Service, and General
Government Appropriations
[[Page 52]]
Act, 1993 (Public Law 102-393), and the amendment made by
that section, are repealed.
Chapter 11--Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies
DEPARTMENT OF VETERANS AFFAIRS
Departmental Administration
construction, major projects
(rescission)
Of the funds made available under this heading in Public
Law 103-124, $26,000,000 are rescinded.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Housing Programs
homeownership and opportunity for people everywhere grants (hope
grants)
(rescission)
Of the funds made available under this heading in Public
Law 102-389 and Public Law 102-139, $66,000,000 are
rescinded: Provided, That of the foregoing amount,
$34,000,000 shall be deducted from the amounts earmarked for
the HOPE for Public and Indian Housing Homeownership Program
and $32,000,000 shall be deducted from the amounts earmarked
for the HOPE for Homeownership of Multifamily Units Program.
annual contributions for assisted housing
(rescission)
Of the funds made available under this heading in Public
Law 102-389 and prior years, and earmarked for amendments to
section 8 contracts other than contracts for projects
developed under section 202 of the Housing Act of 1959,
$25,000,000 are rescinded.
assistance for the renewal of expiring section 8 subsidy contracts
(rescission)
Of the funds made available under this heading in Public
Law 102-389 and prior years, $20,000,000 are rescinded.
administrative provision
Notwithstanding any other provision of law, the City of
Slidell, Louisiana, is authorized to submit not later than 10
days following the enactment of this Act, and the Secretary
of Housing and Urban Development shall consider, the final
statement of community development objectives and projected
use of funds required by section 104(a)(1) of the Housing and
Community Development Act of 1974 (42 U.S.C. 5304(a)(1)) in
connection with a grant to the City of Slidell under title I
of such Act for fiscal year 1994.
INDEPENDENT AGENCIES
Environmental Protection Agency
water infrastructure/state revolving funds
(including rescission of funds)
Of the funds made available under this heading in Public
Law 103-124, $22,000,000 are rescinded: Provided, That the
$500,000,000 earmarked under this heading in Public Law 103-
124 to not become available until May 31, 1994, shall instead
not become available until September 30, 1994.
Federal Emergency Management Agency
emergency management planning and assistance
(rescission)
Of the funds made available under this heading in Public
Law 103-124, $2,000,000 are rescinded.
National Aeronautics and Space Administration
research and development
(rescission)
Of the funds made available under this heading in Public
Law 103-124, $25,000,000 are rescinded.
construction of facilities
(rescission)
Of the funds made available under this heading in Public
Law 103-124, $25,000,000 are rescinded.
National Science Foundation
academic research infrastructure
(rescission)
Of the funds made available under this heading in Public
Law 103-124, $10,000,000 are rescinded.
National Service Initiative
corporation for national community service
(rescission)
Of the funds made available under this heading in Public
Law 103-124, $5,000,000 are rescinded.
Executive Office of the President
office of science and technology policy
The proviso under this heading in Public Law 103-124 is
repealed.''.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
Mr. MYERS moved to recommit the bill to the Committee on
Appropriations with instructions to report back the same forthwith to
the House with the following amendment:
At the end of the bill:
(1) Insert the text of H.R. 3511, as reported by the
Committee on Appropriations, making rescissions of $2.561
billion: and
(2) insert at the end thereof the following new sections:
SEC. . RESCISSION OF FUNDS CONNECTED WITH REDUCTION IN FULL
TIME EQUIVALENT POSITIONS.
Of the aggregate funds made available to executive
departments and agencies in appropriations Acts for fiscal
year 1994 for purposes of employee compensation, with the
exception of the Department of Defense, $750,000,000 is
rescinded. The Director of the Office of Management and
Budget shall allocate such rescission among the appropriate
accounts and shall submit to the Congress a report setting
forth such allocation;
SEC. . REDUCTION IN ADMINISTRATIVE EXPENSES.
(a) Budget Obligations.--
(1) In general.--The amount obligated by all departments
and agencies, with the exception of the Department of
Defense, for expenses during fiscal year 1994 shall be
reduced by an amount sufficient to result in a reduction of
$3,200,000,000 in outlays for expenses during fiscal year
1994. The Director of the Office of Management and Budget
shall establish obligation limits for each agency and
department in order to carry out the provision of this
section.
(b) Definition.--For purposes of this section the term
``expenses'' means the object classes identified by the
Office of Management and Budget in Object Classes 21-26 as
follows:
(1) 21.0: Travel and Transportation of Persons.
(2) 22.0: Transportation of Things.
(3) 23.2: Rental Payments to Others.
(4) 23.3: Communications, Utilities, and Misc.
(5) 24.0: Printing and Reproduction.
(6) 25.1: Consulting Services.
(7) 25.2: Other Services.
(8) 26.0: Supplies and Materials.
SEC. . RESCISSION OF FUNDS FROM SPR PETROLEUM ACCOUNT.
The unobligated balance of the funds in the SPR petroleum
account on the date of the enactment of this Act is
rescinded.
SEC. . RESCISSION OF FUNDS FROM TENNESSEE VALLEY AUTHORITY.
Of the funds in the National Fertilizer and Environmental
Research Center account of the Tennessee Valley Authority,
$10,000,000 is rescinded.
SEC. . RESCISSION OF FUNDS FOR LEGAL SERVICES CORPORATION.
Of the funds made available under the heading ``Legal
Services Corporation--Payment to the Legal Services
Corporation'' in the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations
Act, 1994 (Pub. L. 103-121), $20,000,000 is rescinded.
SEC. . RESCISSION OF FUNDS FOR BATF.
Of the funds made available under the heading ``Bureau of
Alcohol, Tobacco and Firearms--Salaries and Expenses'' in the
Treasury, Postal Service, and General Government
Appropriations Act, 1994 (Pub. L. 103-123), $2,000,000 is
rescinded.
SEC. . RESCISSION OF FUNDS FOR COMMUNITY DEVELOPMENT GRANTS.
Of the funds made available under the heading ``Community
Planning and Development--Community Development Grants'' in
the Department of Veterans Affairs, Housing and Urban
Development and Independent Agencies Appropriations Act, 1994
(Pub. L. 103-124) for grants, $400,000,000 is rescinded.
SEC. . RESCISSION OF FUNDS FOR MK-19 GRENADE LAUNCHER
PROGRAM.
Of the funds made available under the heading ``Procurement
of Weapons and Tracked Combat Vehicles, Army'' in the
Department of Defense Appropriations Act, 1994 (Pub. L. 103-
139), $15,000,000 is rescinded, to be derived from the MK-19
Grenade Launcher Program.
SEC. . RESCISSION OF FUNDS FOR NOAA RESEARCH FLEET.
Of the funds made available under the heading ``National
Oceanic and Atmospheric Administration'' in the Departments
of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1994 (Pub. 103-121), $17,000,000
is rescinded.
SEC. . RESCISSION OF FUNDS FOR EDA.
Of the funds made available under the heading ``Economic
Development Administration--Economic Development Assistance
Programs'' in the Departments of Commerce, Justice and State,
the Judiciary and Related Agencies Appropriations Act, 1994
(Pub. L. 103-121), $25,000,000 is rescinded.
SEC. . RESCISSION OF FUNDS FOR HOUSE FRANKING.
Of the funds made available under the heading ``House of
Representatives--Salaries and Expenses'' in the Legislative
Branch Appropriations Act, 1994 (Pub. L. 103-69), $2,000,000
is rescinded, to be derived from ``Official Mail Costs''.
SEC. . RESCISSION OF FUNDS FOR WORLD BANK.
Of the funds made available under the heading
``Contribution to the International Bank for Reconstruction
and Development'' in the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1994
(Pub. L. 103-87), $25,000,000 is rescinded.
SEC. . RESCISSION OF FUNDS FOR AIRWAY SCIENCE PROGRAM.
FAA Facilities and Equipment--Of the unobligated balance of
funds made available under the heading ``Federal Aviation
Administration--Facilities and Equipment'' in appropriations
Acts for fiscal year 1994 and prior fiscal years, $13,000,000
is rescinded, to be derived from the airway science program.
SEC. . RESCISSION OF CERTAIN DEFENSE ADD-ONS.
(a) Military Construction.--Of the funds made available
under the heading ``Military Construction, Army Reserve'' in
the Military Construction Appropriations Act, 1994 (Pub. L.
103-110), $15,000,000 is rescinded, to be derived from the
Georgia-Fort McPherson Command Headquarters, Phase I,
project.
(b) Defense Procurement.--Of the funds made available in
the Department of Defense
[[Page 53]]
Appropriations Act, 1994 (Pub. L. 103-139), the following
amounts are rescinded from the following accounts and
programs:
(1) ``Other Procurement, Army'': $15,000,000 to be derived
from common hardware and software.
(2) ``Other Procurement, Navy'': $30,000,000 to be derived
from spare and repair parts.
(3) ``Other Procurement, Navy'': $12,000,000 to be derived
from weapons range support equipment.
(4) ``Other Procurement, Army'': $10,000,000 to be derived
from tactical trailers/dolly sets.
(5) ``Shipbuilding and Conversion, Navy'': $50,000,000 to
be derived from advance procurement of LHD-7.
SEC. . RESCISSION OF FUNDS FOR LEGISLATIVE BRANCH.
(a) In General.--The funds made available for each account
in the Legislative Branch Appropriations Act, 1994 (Pub. L.
103-69), are rescinded by 1.3 percent of such funds.
After debate,
By unanimous consent, the previous question was ordered on the motion
to recommit.
The question being put, viva voce,
Will the House recommit said bill?
The SPEAKER pro tempore, Mr. MOAKLEY, announced that the nays had it.
Mr. MYERS demanded a recorded vote on agreeing to said motion, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
184
<3-line {>
negative
Nays
228
Para. 5.22 [Roll No. 12]
AYES--184
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barca
Barrett (NE)
Bartlett
Barton
Bateman
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Condit
Cox
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hefley
Herger
Hoagland
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson (GA)
Johnson, Sam
Kasich
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lightfoot
Linder
Livingston
Machtley
Manzullo
Margolies-Mezvinsky
McCollum
McCrery
McDade
McHugh
McInnis
McMillan
Meyers
Mica
Miller (FL)
Molinari
Morella
Myers
Nussle
Orton
Oxley
Packard
Paxon
Payne (VA)
Penny
Peterson (MN)
Petri
Pickle
Pombo
Porter
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Slattery
Smith (MI)
Smith (NJ)
Smith (TX)
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Swett
Talent
Tanner
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Valentine
Vucanovich
Walker
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--228
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Applegate
Bacchus (FL)
Baesler
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Calvert
Cantwell
Cardin
Carr
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Glickman
Gonzalez
Gordon
Gutierrez
Hall (OH)
Hamburg
Harman
Hayes
Hefner
Hilliard
Hinchey
Hochbrueckner
Holden
Hoyer
Inslee
Jefferson
Johnson (SD)
Johnson, E. B.
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kim
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Levin
Lewis (CA)
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCurdy
McDermott
McHale
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Natcher
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Pallone
Parker
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Pickett
Price (NC)
Rahall
Rangel
Reed
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Snowe
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--21
Andrews (TX)
Bentley
Chapman
Collins (IL)
Crane
Green
Hastings
Johnston
Lehman
Lewis (FL)
Manton
Markey
Michel
Moorhead
Murphy
Owens
Pomeroy
Reynolds
Shepherd
Smith (OR)
Washington
So the motion to recommit with instructions was not agreed to.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. MURTHA, announced that the yeas had it.
Mr. LEACH demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
337
<3-line {>
affirmative
Nays
74
Para. 5.23 [Roll No. 13]
AYES--337
Abercrombie
Ackerman
Andrews (ME)
Applegate
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bateman
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Blute
Boehlert
Bonior
Borski
Boucher
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Burton
Buyer
Byrne
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Cunningham
Danner
Darden
de la Garza
DeLauro
Dellums
Derrick
Deutsch
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Emerson
Engel
English
Eshoo
Evans
Farr
Fawell
Fazio
Fields (LA)
Filner
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gingrich
Glickman
Gonzalez
Gordon
Goss
Grandy
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hayes
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Levin
Levy
Lewis (CA)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manzullo
Margolies-Mezvinsky
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
[[Page 54]]
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Nadler
Natcher
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Oxley
Packard
Pallone
Parker
Payne (NJ)
Pelosi
Penny
Peterson (FL)
Pickett
Pickle
Pombo
Porter
Poshard
Price (NC)
Pryce (OH)
Quinn
Rahall
Rangel
Ravenel
Reed
Regula
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Rose
Rostenkowski
Roukema
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Sharp
Shaw
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Smith (TX)
Snowe
Spence
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
NOES--74
Allard
Andrews (NJ)
Archer
Bartlett
Barton
Bliley
Boehner
Bonilla
Brewster
Bunning
Callahan
Clinger
Coble
Collins (GA)
Combest
Crapo
Deal
DeFazio
DeLay
Diaz-Balart
Duncan
Ehlers
Everett
Ewing
Fields (TX)
Fingerhut
Frank (MA)
Goodlatte
Goodling
Grams
Gutierrez
Hancock
Hansen
Hastert
Hefley
Hoke
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kingston
McInnis
Mica
Myers
Orton
Pastor
Paxon
Payne (VA)
Peterson (MN)
Petri
Portman
Quillen
Ramstad
Ros-Lehtinen
Roth
Rowland
Santorum
Schaefer
Sensenbrenner
Serrano
Shays
Shuster
Smith (MI)
Solomon
Stearns
Stenholm
Stump
Sundquist
Taylor (NC)
Velazquez
Walker
Weldon
Zeliff
Zimmer
NOT VOTING--22
Andrews (TX)
Bentley
Brown (CA)
Chapman
Collins (IL)
Crane
Gilman
Green
Hastings
Johnston
Lehman
Lewis (FL)
Manton
Markey
Michel
Murphy
Owens
Pomeroy
Reynolds
Shepherd
Smith (OR)
Washington
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 5.24 adjournment over
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 12
o'clock noon on Monday, February 7, 1994.
Para. 5.25 hour of meeting
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That when the House adjourns on Monday, February 7, 1994, it
adjourn to meet at 2 o'clock p.m. on Tuesday, February 8, 1994.
Para. 5.26 hour of meeting
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That when the House adjourns on Tuesday, February 8, 1994, it
adjourn to meet at 12 o'clock noon on Wednesday, February 9, 1994.
Para. 5.27 calendar wednesday business dispensed with
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That business in order for consideration on Wednesday,
February 9, 1994, under clause 7, rule XXIV, the Calendar Wednesday
rule, be dispensed with.
Para. 5.28 message from the president--great egg harbor study
The SPEAKER pro tempore, Mr. MURTHA, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
I take pleasure in transmitting the enclosed report on the Great Egg
Harbor River in the State of New Jersey. The report is in response to
the provisions of the Wild and Scenic Rivers Act, Public Law 90-542, as
amended. The Great Egg Harbor Study was authorized by Public Law 99-590,
approved on October 30, 1986.
The study of the Great Egg Harbor River was conducted by a task force
made up of representatives of affected municipalities, State and Federal
agencies, organizations with river-related interests, and local
residents under the leadership of the National Park Service. The
National Park Service, together with the task force, identified the
outstandingly remarkable resources within the study area, analyzed
existing levels of protection for these values, investigated major
issues and public concerns, assessed the attitude of riparian
landowners, reviewed and analyzed the impact of existing and potential
development, and developed alternative plans and management strategies.
The National Park Service determined that 129 miles of the Great Egg
Harbor River and its tributaries are eligible for inclusion in the
National Wild and Scenic Rivers System. This is based upon their free-
flowing condition and fish, wildlife, botanic, and recreational values.
Eleven of the 12 affected local governing bodies endorsed designation
of the eligible river segments. The lone exception, Upper Township on
the Tuckahoe River tributary, did not take a position nor did the State
of New Jersey.
Perhaps due to this overwhelming support, the 102d Congress proceeded
to designation without waiting for submittal of the required report and
Presidential recommendation. While a Presidential recommendation is now
moot, I am submitting the report to fulfill the requirements of sections
4(a) and 5(a)(93) of the Wild and Scenic Rivers Act.
William J. Clinton.
The White House, February 3, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Natural Resources.
Para. 5.29 message from the president--maurice river
The SPEAKER pro tempore, Mr. MURTHA, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
I take pleasure in transmitting the enclosed report on the Maurice and
Manumuskin River and Menantico Creek in the State of New Jersey. The
report and my recommendations are in response to the provisions of the
Wild and Scenic Rivers Act, Public Law 90-452, as amended. The study of
the Maurice River and these two tributaries was authorized by Public Law
100-33, approved on May 7, 1987.
The study of the Maurice River and tributaries was conducted by a task
force composed of representatives of affected municipalities, State and
Federal agencies, organizations with river-related interests, and local
residents under the leadership of the National Park Service (NPS). The
NPS, together with the task force, identified the outstandingly
remarkable resources within the study area, analyzed existing levels of
protection for these values, investigated major issues and public
concerns, assessed the attitude of riparian landowners, reviewed and
analyzed the impact of existing and potential development, and developed
alternative plans and management strategies.
The NPS determined that 42.4 miles of the Maurice River and its
tributaries are eligible for inclusion in the National Wild and Scenic
Rivers System. This is based upon their free-flowing condition and fish,
wildlife, and vegetative values. There are also important cultural
values and surface water quality of the Manumuskin and Menantico is very
good.
In accordance with the wishes of local government, the NPS did not
consider Federal land acquisition or management as an alternative for
protecting river resources. Instead, the study focused on assisting the
political subdivisions in developing and adopting local measures for
providing resource protection where existing protection had been
inadequate.
Due to strong local and congressional support, the 103d Congress
proceeded to designation without waiting for submittal of the required
report and Presidential recommendation. While a Presidential
recommendation is now moot, I am submitting the report to fulfill the
requirements of section 4(a) and sections 5(a)(96) through 5(a)(98) of
the Wild and Scenic Rivers Act.
William J. Clinton.
[[Page 55]]
The White House, February 3, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Natural Resources.
Para. 5.30 director of non-legislative and financial services
The SPEAKER pro tempore, Mr. MURTHA, laid before the House the
following communication, which was read as follows:
Office of the Director, Non-Legislative and Financial
Services, House of Representatives,
Washington, DC, January 10, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: Over the past five months since we last
met and discussed the position of the Director, I have become
convinced that the situation which existed then is not likely
to change. The difficulties I encountered last summer have
persisted. Further, it appears that some individuals have
begun to make the Director the issue, thus undermining the
credibility of the office. That cannot be helpful to you or
to the House.
Accordingly, I have reached the conclusion that my
resignation would be in the best interest of all concerned. I
request release from my appointment, effective January 21,
1994, or sooner, if convenient. I propose to turn over my
responsibilities to Mr. Michael Shinay who is fully capable
of assuming the duties of the Director, pending your final
decision on a successor.
Mr. Speaker, I have appreciated you support and that of the
Majority and Minority Leaders. I have continued to serve over
these past several months knowing I could count on that
support and believing in your joint commitment to the
creation of a truly nonpartisan administrative structure.
Unfortunately, I believe others have different agendas and my
usefulness to you is at an end.
It is my sincere hope that a new Director will enjoy
greater success and my departure now will achieve a more
useful purpose than any short term benefit my continued
service as Director might provide.
Sincerely,
Leonard P. Wishart III,
Director.
By unanimous consent, the resignation was accepted.
Para. 5.31 senate bills referred
Bills of the Senate of the following titles were taken from the
Speaker's table and, under the rule, referred as follows:
S. 812. An Act to designate the Federal Courthouse in
Denver, Colorado, as the ``Byron White Federal Courthouse'',
and for other purposes; to the Committee on Public Works and
Transportation.
S. 1206. An Act to redesignate the Federal building located
at 380 Trapelo Road in Waltham, Massachusetts, as the
``Frederick C. Murphy Federal Center''; to the Committee on
Public Works and Transportation.
S. 1314. An Act to designate the United States Courthouse
located in Bridgeport, Connecticut as the ``Brien McMahon
Federal Building''; to the Committee on Public Works and
Transportation.
S. 1650. An Act to designate the United States Courthouse
for the Eastern District of Virginia in Alexandria, Virginia,
as the Albert V. Bryan United States Courthouse; to the
Committee on Public Works and Transportation.
Para. 5.32 enrolled bills signed
Mr. ROSE, from the Committee on House Administration, reported that
that committee had examined and found truly enrolled bills of the House
of the following titles, which were thereupon signed by the Speaker:
H.R. 1303. An Act to designate the Federal Building and
United States Courthouse located at 402 East State Street in
Trenton, New Jersey, as the ``Clarkson S. Fisher Federal
Building and United States Courthouse.''
H.R. 2223. An Act to designate the Federal building located
at 525 Griffin Street in Dallas, Texas, as the ``A. Maceo
Smith Federal Building.''
H.R. 2555. An Act to designate the Federal building located
at 100 East Fifth Street in Cincinnati, Ohio, as the ``Potter
Stewart United States Courthouse.''
H.R. 3186. An Act to designate the United States courthouse
under construction at 611 Broad Street, in Lake Charles,
Louisiana, as the ``Edwin Ford Hunter, Jr., United States
Courthouse.''
H.R. 3356. An Act to designate the United States courthouse
under construction at 611 Broad Street, in Lake Charles,
Louisiana, as the ``Edwin Ford Hunter, Jr., United States
Courthouse.''
Para. 5.33 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. WASHINGTON, for today after 5:30 p.m.;
To Mr. POMEROY, for today after 5 p.m.;
To Mr. PAYNE of Virginia, for today;
To Mr. SHEPHERD, for today;
To Mr. CRANE, for today;
To Mrs. BENTLEY, for today; and
To Mr. EVERETT, for today until 12 o'clock noon.
And then,
Para. 5.34 adjournment
On motion of Mr. PENNY, pursuant to the special order heretofore
agreed to, at 7 o'clock and 8 minutes p.m., the House adjourned until 12
o'clock noon on Monday, February 7, 1994.
Para. 5.35 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. DINGELL: Committee on Energy and Commerce. Report on
the Activity of the Committee on Energy and Commerce for the
103d Congress, 1st session (Rept. No. 103-417). Referred to
the Committee of the Whole House on the State of the Union.
Mr. CLAY: Committee on Post Office and Civil Service. H.R.
1933. A bill to authorize appropriations for the Martin
Luther King Jr. Federal Holiday Commission, extend such
Commission, establish a National Service Day to promote
community service, and for other purposes; with an amendment
(Rept. 103-418 Pt. 1). Ordered to be printed.
Para. 5.36 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. LANTOS:
H.R. 3785. A bill to provide for the establishment of the
Interactive Entertainment Rating Commission, and for other
purposes; jointly, to the Committees on Energy and Commerce
and the Judiciary.
By Mr. TAUZIN (for himself, Mr. Studds, Mr. Fields of
Texas, Mr. Coble, Mr. Lipinski, Mr. Ortiz, Mr.
Manton, Mr. Laughlin, and Mr. Pickett):
H.R. 3786. A bill to amend title 46, United States Code, to
establish requirements to ensure safe operation of
recreational vessels, to require allocation of State
recreational boating safety assistance based on State
adoption laws regarding boating while intoxicated, and for
other purposes; to the Committee on Merchant Marine and
Fisheries.
By Mr. BLUTE (for himself, Mr. Bachus of Alabama, Mr.
Horn, Mr. Smith of Michigan, Mr. Jacobs, Mr.
Greenwood, Mr. Ewing, Mr. Canady, Mr. Torkildsen, and
Mr. Quinn):
H.R. 3787. A bill to amend the formula for determining the
official mail allowance for Members of the House of
Representatives; to amend the provisions of title 39, United
States Code, relating to the franking privilege for Members
of Congress and provide that the provisions of law preventing
Members from sending mass mailings within the 60-day period
immediately before an election be expanded so as to prevent
Members from mailing any unsolicited franked mail within that
period; and for other purposes; jointly, to the Committees on
Post Office and Civil Service and House Administration.
By Mr. DOOLITTLE:
H.R. 3788. A bill to amend title II of the Social Security
Act to make it clear that States and local governments may
not tax Social Security benefits; jointly, to the Committees
on Ways and Means and the Judiciary.
By Mr. GRAMS (for himself, Mr. Walker, Mr. Armey, Mr.
Hutchinson, Mr. Bartlett of Maryland, Mr. Doolittle,
Mr. Rohrabacher, Mr. Calvert, Mr. Linder, Mr.
Knollenberg, Mr. Duncan, Mr. Gilchrest, and Mr. Sam
Johnson):
H.R. 3789. A bill to terminate Federal programs that are
not reauthorized by the Congress; jointly, to the Committees
on Rules, Government Operations, and Ways and Means.
By Ms. LONG (for herself, Mr. Skelton and Mr.
Gunderson):
H.R. 3790. A bill to protect rural electric borrowers; to
the Committee on Agriculture.
By Mr. JEFFERSON:
H.R. 3791. A bill to amend the Internal Revenue Code of
1986 to provide an exemption from the gas guzzler tax for
automobiles that are lengthened by certain small
manufacturers; to the Committee on Ways and Means.
By Mr. QUILLEN:
H.R. 3792. A bill to provide that a nongovernnmental person
may use a private express for the private carriage of certain
letters and packets without being penalized by the Postal
Service, and for other purposes; to the Committee on Post
Office and Civil Service.
By Mr. RIDGE:
H.R. 3793. A bill to provide for the Secretary of Housing
and Urban Development to make grants for economic development
activities in connection with loan guarantees under section
108 of the Housing and Community Development Act of 1974 to
enhance the security of such loans and improve the viability
of projects financed with such loans, and for other purposes;
to the Committee on Banking, Finance and Urban Affairs.
By Mr. ROBERTS (for himself, Mr. Emerson, Mr. Dooley,
Mr. Smith of Oregon, Mr. Gunderson, Mr. Boehner, Mr.
Bereuter, Mr. Barrett of Ne-
[[Page 56]]
braska, Mr. Ewing, Mr. Camp, and Mr. Oxley):
H.R. 3794. A bill to defer temporarily the deadline for
compliance with conservation plans for certain highly
erodible cropland due to damage to such land caused by
damaging weather or related condition; to the Committee on
Agriculture.
By Mr. FRANKS of New Jersey:
H.R. 3795. A bill to amend title II of the Social Security
Act to provide enhanced sentences for Social Security fraud
in connection with illegal immigration; to the Committee on
Ways and Means.
By Mr. FRANKS of New Jersey (for himself, Mr. Upton,
Mr. DeLay, Mr. Armey, Mr. Bachus of Alabama, Mr.
Baker of California, Mr. Bartlett of Maryland, Mr.
Boehner, Mr. Burton of Indiana, Mr. Calvert, Mr.
Canady, Mr. Doolittle, Mr. Dornan, Mr. Ewing, Mr.
Goss, Mr. Gunderson, Mr. Hobson, Mr. Huffington, Mr.
Kim, Mr. Lewis of Florida, and Mr. Rohrabacher):
H.R. 3796. A bill to provide that a person may use a
private express for the private carriage of certain letters
and packets without being penalized by the Postal Service,
and for other purposes; jointly, to the Committees on Post
Office and Civil Service and the Judiciary.
By Mr. GALLEGLY:
H.R. 3797. A bill to transfer certain administrative
functions of the Department of the Interior relating to the
U.S. territories to the Department of Commerce; to the
Committee on Natural Resources.
By Mr. GOODLING (for himself, Ms. Molinari, Mr. Barrett
of Nebraska, Mr. Miller of Florida, Mr. Castle, Mr.
Fawell, and Mr. Petri):
H.R. 3798. A bill to amend the Head Start Act to make
quality improvements in Head Start by enhancing parental
involvement and providing family literacy services; and for
other purposes; to the Committee on Education and Labor.
By Mr. GRAMS (for himself, Mr. Dooley, Mr. McCandless,
Mr. Huffington, Mr. Cox, Mr. Calvert, Mr. McKeon, Mr.
Gallegly, and Mr. McCollum):
H.R. 3799. A bill to facilitate recovery from the recent
earthquakes in California by providing greater flexibility
for depository institutions and their regulators, and for
other purposes; jointly, to the Committees on Banking,
Finance and Urban Affairs and the Judiciary.
By Mr. SWIFT (for himself (by request), Mr. Dingell,
Mr. Mineta, Mr. Rostenkowski, and Mr. Applegate):
H.R. 3800. A bill to amend the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, and for
other purposes; divided and referred as follows: titles I
through VIII, jointly, to the Committees on Energy and
Commerce and Public Works and Transportation; and title IX to
the Committee on Ways and Means.
By Mr. HAMILTON:
H.R. 3801. A bill to improve the operations of the
legislative branch of the Federal Government; and for other
purposes; jointly, to the Committees on Rules, House
Administration, and Government Operations.
By Mr. SMITH of Michigan:
H.R. 3802. A bill to improve that cost-of-living
adjustments to payments made under Federal law shall be
determined using a new price index which does not take into
account tobacco products and distilled spirits; jointly, to
the Committee on Ways and Means, Post Office and Civil
Service, Energy and Commerce, and Armed Services.
By Mr. THOMAS of California:
H.R. 3803. A bill to amend the Internal Revenue Code of
1986 and the Social Security Act to reduce Social Security
taxes and to provide for Social Security individual
retirement accounts funded by Social Security payroll
deductions; jointly, to the Committees on Ways and Means and
Education and Labor.
By Mr. WAXMAN:
H.R. 3804. A bill to amend the Public Health Service Act to
revise and extend programs relating to the health of
individuals who are members of minority groups, and for other
purposes; to the Committee on Energy and Commerce.
By Mr. WELDON (for himself and Mr. Holden):
H.R. 3805. A bill to authorize matching funds for State and
local firearm buy-back programs; to the Committee on the
Judiciary.
By Mr. de la Garza (for himself and Mr. Roberts):
H.J. Res. 317. Joint resolution to proclaim March 20, 1994,
as ``National Agriculture Day''; to the Committee on Post
Office and Civil Service.
By Mr. SHAW:
H.J. Res. 318. Joint resolution to designate the month of
April 1994 as ``Civil War History Month''; to the Committee
on Post Office and Civil Service.
By Mr. de la Garza:
H. Res. 340. Resolution providing amounts from the
contingent fund of the House for expenses of investigations
and studies by the Committee on Agriculture in the 2d session
of the 103d Congress; to the Committee on House
Administration.
By Mr. MONTGOMERY (for himself and Mr. Stump):
H. Res. 341. Resolution providing amounts from the
contingent fund of the House for expenses of investigations
and studies by the Committee on Veterans Affairs in the 2d
session of the 103d Congress; to the Committee on House
Administration.
By Mr. GLICKMAN:
H. Res. 342. Resolution providing amounts from the
contingent fund of the House for expenses of investigations
and studies by the Permanent Select Committee on Intelligence
in the 2d session of the 103d Congress; to the Committee on
House Administration.
By Mr. LANTOS (for himself, Mr. Lewis of Georgia, Mr.
Hoyer, Mr. Gingrich, Ms. Norton, Mr. Porter, Ms.
Kaptur, Mr. Bereuter, Mrs. Schroeder, Mr. Gilman, Mr.
Matsui, Mr. Swett, Ms. Eddie Bernice Johnson of
Texas, Mr. Houghton, Mr. Zimmer, Mr. King, Mr. Blute,
Mr. Klein, and Mr. Torkildsen):
H. Res. 343. Resolution to express the sense of the House
of Representatives condemning the racist, anti-Catholic, and
anti-Semitic speech given by a senior representative of the
Nation of Islam and all manifestations and expressions of
hatred based on race, religion and ethnicity; to the
Committee on the Judiciary.
By Mr. BROWN of California:
H. Res. 344. Resolution providing amounts from the
contingent fund of the House for expenses of investigations
and studies by the Committee on Science, Space, and
Technology in the 2d session of the 103d Congress; to the
Committee on House Administration.
By Mr. FORD of Michigan (for himself and Mr. Williams):
H. Res. 345. Resolution providing amounts from the
contingent fund of the House for expenses of investigations
and studies by the Committee on Education and Labor in the 2d
session of the 103d Congress; to the Committee on House
Administration.
By Mr. STARK:
H. Res. 346. Resolution providing amounts from the
contingent fund of the House for expenses of investigations
and studies by the Committee on the District of Columbia in
the 2d session of the 103d Congress; to the Committee on
House Administration.
Para. 5.37 private bills and resolutions
Under clause 1 of rule XXII.
Mr. REED introduced a bill (H.R. 3806) to authorize the
Secretary of Transportation to issue a certificate of
documentation with appropriate endorsement for employment in
the fisheries for the vessel Ab-Original; which was referred
to the Committee on Merchant Marine and Fisheries.
Para. 5.38 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 11: Mr. Bishop and Mr. Hall of Ohio.
H.R. 34: Mr. Duncan.
H.R. 35: Mr. Horn.
H.R. 140: Mr. Herger, Mr. McInnis, Mr. Fingerhut, and Mr.
Dreier.
H.R. 212: Mr. Smith of Michigan.
H.R. 280: Mr. Engel.
H.R. 282: Mr. Engel.
H.R. 302: Mr. Conyers, Mr. Neal of North Carolina, Mr.
Stump, Mr. Matsui, Mr. Oberstar, and Mr. Miller of
California.
H.R. 521: Mr. Gene Green of Texas, Mr. Carr, Mr. Bishop,
and Mr. Manton.
H.R. 543: Mr. Kim.
H.R. 794: Mr. Johnston of Florida, Mrs. Bentley, Mr. Neal
of Massachusetts, Mr. Bartlett of Maryland, Mr. Rogers, Mr.
Mann, and Mr. Kreidler.
H.R. 885: Mr. Pombo, Mr. Bartlett of Maryland, and Mr.
Shays.
H.R. 911: Mr. Allard, Ms. Byrne, Mr. Lehman, and Mr.
Hansen.
H.R. 987: Mr. Machtley.
H.R. 1055: Mr. Parker and Mrs. Schroeder.
H.R. 1173: Mr. McHale.
H.R. 1276: Mr. Blute, Mr. Cunningham, Mr. Moorhead, Mr..
Kingston, and Mr. Volkmer.
H.R. 1277: Mr. Schaefer.
H.R. 1332: Mr. Johnston of Florida and Mr. Ridge.
H.R. 1406: Mr. Kopetski.
H.R. 1455: Mr. Nadler.
H.R. 1528: Mr. Clinger.
H.R. 1625: Mr. Zimmer.
H.R. 1640: Ms. Eshoo.
H.R. 1712: Mr. Gekas and Mr. Ravenel.
H.R. 1795: Mr. Shays, Mr. Klink, and Mr. Nadler.
H.R. 1815: Mr. Oberstar.
H.R. 1874: Mr. Lewis of Florida.
H.R. 1897: Mr. Dellums and Mr. Taylor of North Carolina.
H.R. 1961: Mr. Engel.
H.R. 2147: Mr. Dellums and Mr. Orton.
H.R. 2161: Mr. McInnis.
H.R. 2241: Mr. Sabo, Mr. Lewis of Georgia, and Mr. Sharp.
H.R. 2277: Mr. Stupak, Mr. Engel, Mr. Jefferson, Mr.
Sanders, Mr. Evans, and Mrs. Lloyd.
H.R. 2394: Mr. Rahall, Mr. Bonior, Mr. Mineta, and Mr.
Dingell.
H.R. 2395: Mr. Rahall, Mr. Bonior, Mr. Mineta, and Mr.
Dingell.
H.R. 2396: Mr. Gibbons.
H.R. 2418: Mr. Knollenberg, Mr. Hinchey, Mr. Camp, Mr.
Darden, Mr. Skeen, Mr. Kildee, Mr. Herger, Mrs. Lloyd, Mr.
Price of North Carolina, Ms. Pelosi, and Mr. Barcia of
Michigan.
H.R. 2424: Mr. Quinn and Ms. Slaughter.
H.R. 2460: Mr. Hilliard.
H.R. 2521: Mr. Burton of Indiana, Mr. Doolittle, and Mr.
Kildee.
H.R. 2829: Mr. Yates, Mr. Moran, Mr. Ackerman, Ms. Woolsey,
Mr. Sanders, and Ms. Margolies-Mezvinsky.
H.R. 2838: Ms. Snowe.
H.R. 2987: Mr. Schumer and Mrs. Maloney.
H.R. 3005: Mr. Thomas of Wyoming, Mr. Roberts, and Mr. Hall
of Texas.
[[Page 57]]
H.R. 3023: Mr. Andrews of New Jersey, Mr. Hunter, Mr. Neal
of North Carolina, Ms. Brown of Florida, Mr. Baker of
California, Mr. Parker, Mr. Linder, and Mr. Cooper.
H.R. 3065: Mr. Johnson of South Dakota.
H.R. 3075: Mr. Farr, Mr. Andrews of Maine, Mr. Moran, Mr.
Rangel, Mr. Ford of Michigan, Mr. Lewis of Georgia, and Mr.
Conyers.
H.R. 3086: Mr. Brown of Ohio, Mr. Paxon, Mr. Bachus of
Alabama, Mr. Bartlett of Maryland, and Mr. Armey.
H.R. 3088: Ms. DeLauro, Mr. Nadler, Mr. Johnston of
Florida, Ms. Slaughter, Mr. Brewster, Mr. Solomon, Ms.
Molinari, and Mr. Armey.
H.R. 3220: Mr. Dellums.
H.R. 3222: Mr. Richardson.
H.R. 3226: Mr. Dellums and Ms. Velazquez.
H.R. 3256: Mr. Smith of New Jersey and Mr. Hutto.
H.R. 3288: Mr. Slattery, Mr. Ridge, Mr. Klug.
H.R. 3293: Mr. Gejdenson.
H.R. 3294: Mr. Dooley.
H.R. 3328: Mr. Hochbrueckner, Mr. Coleman, Ms. McKinney.
H.R. 3392: Ms. Long, Mr. Roth, Mr. Collins of Georgia, and
Mr. Tejeda.
H.R. 3398: Mr. Hoagland, Mr. Manton, Mr. Lewis of Georgia,
and Mr. Nadler.
H.R. 3409: Mr. Rahall and Mr. Kopetski.
H.R. 3421: Mr. Thomas of Wyoming, Mr. Roberts, and Mr. Hall
of Texas.
H.R. 3434: Mr. Goodling and Mr. Moran.
H.R. 3488: Mr. Smith of New Jersey.
H.R. 3508: Mr. Stupak.
H.R. 3513: Mr. Poshard, Mr. Deutsch, Mr. Minge, and Mr.
Klink.
H.R. 3523: Ms. Dunn and Mrs. Maloney.
H.R. 3561: Mr. Frost, Mr. Miller of California, Mr. Lewis
of Georgia, Mr. Sanders, Mr. Rangel, and Mrs. Meek.
H.R. 3564: Mr. Frost and Mr. Dellums.
H.R. 3614: Mr. Dellums, Mr. Edwards of California, Mr.
Frost, Mr. LaFalce, Mr. Miller of California, Mr. Moran, and
Mr. Yates.
H.R. 3619: Mr. Hoagland.
H.R. 3632: Mr. DeFazio.
H.R. 3635: Mr. Armey.
H.R. 3636: Mr. Moakley, Mr. Studds, Mr. Frank of
Massachusetts, Mr. Levy, Mr. Meehan, Mr. Olver, Mr. Franks of
Connecticut, Mr. Machtley, Mr. Blute, and Mr. McHugh.
H.R. 3641: Mr. Mica.
H.R. 3652: Mr. Kolbe.
H.R. 3663: Mr. Pastor, Ms. Woolsey, Mr. McDermott, and Mr.
Pallone.
H.R. 3685: Mrs. Roukema, Mr. Klug, Mr. Ewing, and Mr.
Dornan.
H.R. 3721: Mr. Pete Geren of Texas.
H.R. 3727: Mr. Johnson of South Dakota.
H.R. 3755: Mr. Canady and Mr. Gallegly.
H.R. 3757: Mr. Abercrombie, Mrs. Thurman, Mrs. Mink, Mr.
Condit, Mr. Sarpalius, Ms. McKinney, Mr. Williams, Mr.
Holden, Mr. Rose, Mr. Mann, and Mr. Dickey.
H.J. Res. 278: Mr. Lancaster, Mr. Gene Green of Texas, Mr.
Neal of North Carolina, Mr. Bateman, and Mr. Parker.
H.J. Res. 282: Mr. Baker of Louisiana.
H.J. Res. 292: Mr. Frank of Massachusetts, Mr. Packard, Mr.
Deutsch, Mr. McNulty, Mr. Visclosky, Mr. Herger, Mr. LaFalce,
Mr. Ballenger, Mr. Oxley, Mr. Lewis of California, Mr.
McCollum, Mr. Ramstad, Mr. Gingrich, Mr. Crane, Mr.
Fingerhut, Mr. Baker of Louisiana, and Mr. Walsh.
H. J. Res. 310: Mr. Gene Green of Texas, Mr. Frost, Mr.
Coble, Mr. Ford of Michigan, Mr. Hutto, Mr. Hastings, Ms.
Snowe, Mr. Hochbrueckner, Mr. Kildee, Ms. Byrne, Mr. Brown of
Ohio, Mr. Bateman, Mr. Engel, Mr. Manton, and Mrs. Kennelly.
H. Con. Res. 42: Mr. Engel.
H. Con. Res. 52: Mr. Torkildsen and Mr. Cooper.
H. Con. Res. 93: Mr. Kreidler, Mr. Kennedy, Mr. Engel, Mr.
Lazio, Mr. Shays, Mr. Santorum, and Mr. Schumer.
H. Con. Res. 147: Mr. Coleman.
H. Res. 32: Mr. Fish.
H. Res. 236: Mr. Fawell, Mr. Quillen, and Mr. Hastings.
H. Res. 277: Mr. Bachus of Alabama.
H. Res. 290: Mr. Synar.
.
MONDAY, FEBRUARY 7, 1994 (6)
Para. 6.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
MONTGOMERY, who laid before the House the following communication:
House of Representatives,
Washington, DC, February 7, 1994.
I hereby designate the Honorable G.V. (Sonny) Montgomery to
act as Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Para. 6.2 approval of the journal
The SPEAKER pro tempore, Mr. MONTGOMERY, announced he had examined and
approved the Journal of the proceedings of Thursday, February 3, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 6.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2532. A letter from the Comptroller General, the General
Accounting Office, transmitting a review of the President's
second special impoundment message for fiscal year 1994,
pursuant to 2 U.S.C. 685 (H. Doc. No. 103-206); to the
Committee on Appropriations and ordered to be printed.
2533. A letter from the Secretary of Defense, transmitting
views pertaining to the emergency supplemental appropriation
legislation; to the Committee on Appropriations.
2534. A letter from the Assistant Secretary for Atomic
Energy, Department of Defense, transmitting the Department's
annual report on research, development, test and evaluation
chemical/biological defense programs during fiscal year 1993,
and the fiscal year 1993 report on the nonuse of human
subjects for testing of chemical or biological agents,
pursuant to 50 U.S.C. 1511; to the Committee on Armed
Services.
2535. A letter from the Secretary of Education,
transmitting a notice of final priority, selection criteria,
and other requirements for the Cooperative Demonstration--
School-to-Work Opportunities State Implementation Grants
Program, pursuant to 20 U.S.C. 1232(d)(1); to the Committee
on Education and Labor.
2536. A letter from the Acting Chief Financial Officer,
Department of Energy, transmitting the annual report of
compliance activities undertaken by the Department for mixed
waste streams during fiscal year 1993 pursuant to 42 U.S.C.
6965; to the Committee on Energy and Commerce.
2537. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting a copy of Presidential
Determination No. 94-14 concerning assistance to the Peace
Keeping Operations in Somalia, pursuant to 22 U.S.C.
2364(a)(1); to the Committee on Foreign Affairs.
2538. A letter from the Director, Defense Security
Assistance Agency, transmitting the annual report containing
an analysis and description of services performed by full-
time USG employees during fiscal year 1993 for services for
which reimbursement is provided under section 21(a) or
section 43(b), pursuant to 22 U.S.C. 2765(a)(6); to the
Committee on Foreign Affairs.
2539. A letter from the Comptroller General of the United
States, transmitting a copy of his report for fiscal year
1993 on each instance a Federal agency did not fully
implement recommendations made by the GAO in connection with
a bid protest decided during the fiscal year, pursuant to 31
U.S.C. 3554(e)(2); to the Committee on Government Operations.
2540. A letter from the Administrator, Bonneville Power
Administration, transmitting the annual management report and
1993 annual report, pursuant to Public Law 101-576, section
306(a) (104 Stat. 2854; to the Committee on Government
Operations.
2541. A letter from the Inspector General, General Services
Administration, transmitting a copy of their Audit Report
Register, including all financial recommendations, for fiscal
year 1993; to the Committee on Government Operations.
2542. A letter from the President, James Madison Memorial
Fellowship Foundation, transmitting the annual report on the
activities of the inspector general for fiscal year 1993,
pursuant to Public Law 95-452, section 5(b) (102 Stat. 2526);
to the Committee on Government Operations.
2543. A letter from the President, National Endowment for
Democracy, transmitting the annual report on the activities
of inspector general for fiscal year 1993, pursuant to Public
Law 95-452, section, 5(b) (102 Stat. 2526); to the Committee
on Government Operations.
2544. A letter from the Chief Administrative Officer,
Postal Rate Commission, transmitting a report of activities
under the Freedom of Information Act for calendar year 1993,
pursuant to 5 U.S.C. 552(d); to the Committee on Government
Operations.
2545. A letter from the Secretary of Agriculture,
transmitting the annual report under the Federal Managers'
Financial Integrity Act for fiscal year 1993, pursuant to 31
U.S.C. 3512(c)(3); to the Committee on Government Operations.
2546. A letter from the Commissioner, Bureau of
Reclamation, Department of the Interior, transmitting a
report on the necessity to construct modifications to the
Ochoco Dam, Crooked River Project, Oregon, in order to
preserve its structural safety, pursuant to 43 U.S.C. 509; to
the Committee on Natural Resources.
2547. A letter from the Chairman, Little League Baseball,
Inc., transmitting the organization's annual report for the
fiscal year ending September 30, 1993, pursuant to 36 U.S.C.
1084(b); to the Committee on the Judiciary.
2548. A letter from the Secretary of Health and Human
Services, transmitting a report on reimbursement for blood
clotting factor for hemophilia patients under Medicare Part
B, pursuant to Public Law 101-239, section 6142 (103 Stat.
2225); jointly, to the Committees on Energy and Commerce and
Ways and Means.
2549. A letter from the Chairman, National Transportation
Safety Board, transmitting a copy of the Plan to Streamline
the Board submitted to OMB, pursuant to 49 U.S.C. app.
1903(b)(7); jointly, to the Committees on Public Works and
Transportation, Energy and Commerce, and Appropriations.
Para. 6.4 messages from the president
Sundry messages in writing from the President of the United States
were communicated to the House by Mr. Edwin Thomas, one of his
secretaries.
[[Page 58]]
Para. 6.5 message from the president--budget fy 95
The SPEAKER pro tempore, Mr. MONTGOMERY, laid before the House a
message from the President, which was read as follows:
To the Congress of the United States:
The Fiscal Year 1995 budget, which I transmit to you with this
message, builds on the strong foundation of deficit reduction, economic
growth, and jobs that we established together last year. By encouraging
private investment--and undertaking public investment to produce more
and higher-paying jobs, and to prepare today's workers and our children
to hold these jobs--we are renewing the American dream.
The budget continues to reverse the priorities of the past, carrying
on in the new direction we embraced last year.
--It keeps deficits on a downward path;
--It continues our program of investment in long-term economic growth,
in fighting crime, and in the skills of our children and our
workers; and
--It sets the stage for health care reform, which is critical to our
economic and fiscal future.
When I took office a year ago, the budget and economic outlook for our
country was bleak. Twelve years of borrow-and-spend budget policies and
trickle-down economics had put deficits on a rapid upward trajectory,
left the economy struggling to emerge from recession, and given middle
class taxpayers the sense that their government had abandoned them.
Perhaps most seriously, the enduring American dream--that each
generation passes on a better life to its children--was under siege,
threatened by policies and attitudes that stressed today at the expense
of tomorrow, speculative profits at the expense of long-term growth,
and wasteful spending at the expense of our children's future.
A year later, the picture is brighter. The enactment of my budget
plan in 1993, embodying the commitment we have made to invest in our
future, has contributed to a strenghthening economic recovery, a clear
downward trend in budget deficits, and the beginnings of a renewed
confidence among our people. We have ended drift and broken the
gridlock of the past. A Congress and a President are finally working
together to confront our country's problems.
Serious challenges remain. Not all of our people are participating in
the recovery; some regions are lagging behind the rest of the country.
Layoffs continue as a result of the restructuring taking place in
American business and the end of the Cold War.
Rising health care costs remain a major threat to our families and
businesses, to the economy, and to our progress on budget deficits. Our
welfare system must be transformed to encourage work and
responsibility. And our Nation, communities, and families face the
ever-increasing threat of crime and violence in our streets, a threat
which degrades the qualify of life for Americans regardless of their
income, regardless of their race, regardless of where they live.
We will confront these challenges this year, by acting on health care
reform, welfare reform, and the crime bill now under consideration in
the Congress, and by continuing to build on our economic plan, with
further progress on deficits, and investments in our people as well as
in research, technology, and infrastructure.
what we inherited
When our Administration took office, the budget deficit was high and
headed higher--to $302 billion in 1995 and well over $400 billion by
the end of the decade.
When our Administration took office, the middle class was feeling the
effects of the tax changes of the 1980s, which had radically shifted
the Federal tax burden from the wealthy to those less well off. From
the late 1970s to 1990, tax rates for the wealthiest Americans had
declined, while rates for most other Americans had increased.
When our Administration took office, the economy was still struggling
to break out of recession, with few new jobs and continuing high
interest rates. In 1992, mortgage rates averaged well over eight
percent. Unemployment at the end of 1992 stood at 7.3 percent, and
barely a million jobs had been added to the economy in the previous
four years. The outlook for the future was slow productivity growth,
stagnant wages, and rising inequality--as sagging consumer confidence
demonstrated.
a new direction
Today, whether it is the deficit, fairness, or the status of the
economy, the situation is much improved.
The budget I am submitting today projects a deficit of $176 billion,
a drop of $126 billion from where it would have been without our plan.
If the declines we project in the deficits for 1994 and 1995 take
place, it will be the first time deficits have declined three years
running since Harry Truman occupied the Oval Office.
The disciplines we have put into place are working.
We have frozen discretionary spending. Except in emergencies, we
cannot spend an additional dime on any program unless we cut it from
another part of the budget. We are reducing low-priority spending to
fulfill the promise of deficit reduction as well as to fund limited,
targeted investments in our future. Some 340 discretionary programs
were cut in 1994, and our new budget cuts a similar number of programs.
These are not the kind of cuts where you end up spending more money.
These are true cuts, where you actually spend less. Total discretionary
spending is lower than the previous year--again, in straight dollar
terms, with no allowance for inflation.
As for entitlement spending, the Omnibus Budget Reconciliation Act of
1993 achieved nearly $100 billion in savings from nearly every major
entitlement program. Pay-as-you-go rules prevent new entitlement
spending that is not paid for, and I have issued an executive order
which imposes the first real discipline on unanticipated increases in
these programs. For the future, health care reform will address the
fastest growing entitlement programs--Medicare and Medicaid--which make
up the bulk of spending growth in future budgets, and the Bipartisan
Commission on Entitlement Reform, which I have established by executive
order, will examine the possibility of additional entitlement savings.
While we have imposed tough disciplines, there is one more needed
tool. The modified line-item veto, which would provide Presidents with
enhanced rescission authority, has already been adopted by the House as
H.R. 1578. If enacted, it will enable Presidents to single out
questionable items in appropriations bills and require that they be
subject to an up-or-down majority vote in the Congress. I think that
makes sense, and it preserves the ability of a majority in Congress to
make appropriations decisions.
In addition to budget discipline, we made dramatic changes that
restored fairness to the tax code. We made the distribution of the
income tax burden far more equitable by raising income tax rates on
only the richest 1.2 percent of our people--couples with income over
$180,000--and by substantially increasing the Earned Income Tax Credit
for 15 million low-income working families. Thus, nearly 99 percent of
taxpayers will find out this year that their income tax rates have not
been increased.
Results
Finally, the most significant result of our commitment to changing
how Washington does business is growing economic confidence. Investment
is up--in businesses, in residences, and in consumer durables; real
investment in equipment grew seven times as fast in 1993 as over the
preceding four years. Mortgage rates are at their lowest level in
decades. Nearly two million more Americans are working than were
working a year ago, twice as great an increase in one year as was
achieved in the previous four years combined; and the rate of
unemployment at the end of 1993 was down to 6.4 percent, a drop of
nearly a full percentage point.
The fundamentals are solid and strong, and we are building for the
future with a steady and sustainable expansion.
the economic plan
How did all this happen? Our economic plan had three fundamental
components:
deficit reduction
First, the introduction and eventual enactment of our $500 billion
deficit-reduction plan--the largest in history--brought the deficit
down from 4.9 per-
[[Page 59]]
cent of GDP, where it was in 1992, to a projected 2.5 percent of GDP in
1995 and 2.3 percent of GDP in 1999. This substantially eased pressure
on interest rates by reducing the Federal Government's demand for
credit and by convincing the markets of our resolve in reducing
deficits. Those lower interest rates encouraged businesses to invest,
and convinced families to buy new homes and automobiles, along with
other durable goods.
investment
Second, we proposed, and Congress largely provided, a set of fully
paid-for measures to encourage private investment (beyond the
inducement provided by deficit reduction) and commit public investment
to our country's future. The first component was making nine out of ten
businesses eligible for tax incentives to invest in future growth--
including a major expansion of the expensing allowance for small
businesses and a new capital gains incentive for long-term investments
in new businesses.
The second component was public investment in the future: in
infrastructure, technology, skills, and security. These investments are
directed toward preparing today's workers and our children for the new,
higher-paying jobs of the modern economy; repairing and expanding our
transportation and environment infrastructure; fighting crime;
expanding our Nation's technological base; and increasing our health
and scientific research.
Among other things, we greatly expanded the very successful Head
Start program and WIC nutrition program for pregnant women, infants,
and young children; provided a major increase to fulfill the mandate of
the Intermodal Surface Transportation Efficiency Act (ISTEA)
authorization; provided initial funding for the National Service Act
and new funding for educational reforms and other education and
training initiatives; began the process of fulfilling my goal of
putting another 100,000 police officers on the streets of our cities
and towns; and provided additional resources for urban and rural
development.
trade
Finally, our long-term economic strategy depends on the expansion of
our international trade markets. In 1993, we did more than at any time
in the past two generations to open world markets for American
products. The ratification of the North American Free Trade Agreement
(NAFTA) establishes the largest market in the world. By lowering
tariffs on our exports to Mexico, the agreement is going to increase
jobs in this country--and, if previous experience is a guide, they will
mostly be high-paying jobs.
We also completed work on the Uruguay Round of the General Agreement
on Tariffs and Trade (GATT), a worldwide agreement to reduce tariffs
and other trade barriers that will also create high-paying jobs and
spur economic growth in this country.
In addition, we established the U.S.-Japan Framework for a New
Economic Partnership so that we can work to increase Japanese imports
of U.S. goods and services and promote international competitiveness.
And to relieve unnecessary burdens on U.S. businesses, we eliminated
unneeded export controls on certain technology to encourage exports of
U.S. high-technology products.
the year ahead
In 1994, we will build on the strong foundation we laid in 1993.
fiscal discipline
We continue to implement the $500 billion in deficit reduction from
last year's reconciliation bill. To achieve the required hard freeze in
discretionary spending and make needed investments, we propose new cuts
in some 300 specific non-defense programs. That includes the
termination of more than 100 programs. Many of these savings will be
controversial, but we have little choice if we are going to meet our
budget goals.
On the other side of the ledger, this budget contains no new tax
increases.
new investment
The investments in this budget continue to target jobs, education,
research, technology, infrastructure, health, and crime.
Investing in people. First and foremost, the goal of our economic
strategy is to provide more and better paying jobs for our people--both
today and in the future--and to educate and train them so that they are
prepared to do those jobs.
The budget contains a major workforce security initiative to promote
job training and reemployment. In the past, government has provided
workers who lost their jobs with temporary unemployment benefits to
tide them over, and little else. But in this new era, when the
fundamental restructuring of our economy is causing permanent layoffs
and the virtual shutdown of entire industries, we need to create a
reemployment system.
This budget begins the process of establishing that system, which
ultimately will give dislocated workers easier access to retraining,
job-search, and other services designed not only to help them through a
difficult period but also to prepare them to thrive in productive, new
jobs.
We also continue to invest in our most precious resource--our
children--with proven, effective programs, as well as with new
initiatives to confront the problems of a changing society.
We propose to expand funding for the school-to-work program, which
will provide apprenticeship training for high school students who do
not plan to attend college. And our budget expands the national service
program, which gives our young people an opportunity to serve their
communities and earn money towards college.
We provide strong support for the Goals 2000 program, which I hope
Congress will enact early this year, to help local school systems
reform themselves to educate our children for the 21st century. We must
set high standards for all of our children, while providing them with
the opportunity they deserve to learn.
We also provide major increases for WIC and for Head Start, which we
will seek to improve as well. And we significantly expand and better
target the Title I program, which focuses on needy children to make
sure they can take full advantage of our educational system.
Investing in know-how. America has always sought to be the world's
leader in science and technology. In some arenas in recent years, we
have lost that status. But in the remainder of this decade and in the
21st century, we must be sure that the United States is on the cutting
edge of research and technology advances.
To that end, the 1995 budget proposes critical investments in the
National Institute of Standards and Technology's Advanced Technology
Program; NASA's research, space, and technology programs; the National
Science Foundation; the information superhighway, on which the Vice
President has worked so hard; and energy research and development.
In addition, I am determined to continue assisting the industries and
communities which have supported our Nation's defense as we continue
the defense downsizing that began in the mid-1980's and accelerated in
the early 1990's with the end of the Cold War.
I am proposing significant investments in the Technology Reinvestment
Project, which will work with the private sector to encourage the
development and application of dual-use technologies. And the budget
also includes additional resources for the Office of Economic
Adjustment, which provides planning grants to communities as they
convert their local economies to profitable peacetime endeavors.
Investing in physical capital. The Nation's capital infrastructure
and the economies of too many urban and rural communities have suffered
too long from neglect. Last year, we began to address these shortfalls,
and in 1995, we propose to continue these initiatives.
We propose, first, to continue full funding of core highway programs
within the ISTEA transportation authorization act, as well as a
substantial increase in Mass Transit Capital Grants. To help provide
this level of funding, the budget proposes rescission of many highway
demonstration projects, which frequently are an inefficient allocation
of taxpayers' dollars.
In addition, we propose to continue the restoration of our
environmental infrastructure with investments in the technologies of
the future under the Clean Water Act and other environmental programs.
Last year, we enacted legislation
to establish urban and rural
Empowerment Zones. This year, we will designate those zones, as well as
enterprise communities, to attract investment to neglected communities
[[Page 60]]
and provide the kinds of services needed to support economic
development.
In this budget, HUD outlays for housing assistance, services to the
homeless, and development aid to distressed communities will increase
substantially, with aid to the homeless nearly doubling from the
previous year. Both housing aid to families and aid to the homeless
will be restructured to support transitions to economic independence.
I also propose to continue our rural development initiative, with
grants and loans that represent a 35-percent increase over the previous
year. This assistance will provide for improved rural infrastructure
and services, such as water treatment facilities and rural health
clinics, increase rural employment, further diversify rural economies,
and provide rural housing opportunities by expanding assistance to
allow low- and moderate-income residents to become homeowners.
Investing in quality of life. This budget continues our efforts to
enhance environmental protection and preserve our natural resources.
We propose both to strengthen the stewardship of these resources and
improve environmental regulatory and management programs. We increase
state revolving funds for clean water and drinking water, and we
propose the establishment of four ecosystem management pilot projects.
In addition, we are proposing significant improvements and reforms in
the Superfund program, as well as important international environmental
initiatives.
health care reform
Enactment of health care reform, with its focus on controlling health
care costs, is the key to making even greater progress on deficits.
Indeed, if the Congress adopts the Health Security Act in 1994, we
believe that deficits will fall to 2.1 percent of GDP in fiscal year
1999, the lowest since 1979.
Of course, deficit reduction is only one reason for health care
reform. Providing health security to every American, with a package of
comprehensive benefits through private health insurance that can never
be taken away, is critical not only to long-term budget restraint but
also to long-term economic growth, to the productivity of our workers
and businesses, and to the health and peace of mind of all Americans.
With some 58 million Americans lacking insurance at some time during
the year; with the estimated 81 million Americans with preexisting
conditions paying more, unable to get insurance, or not changing jobs
for fear of losing their insurance; with the small businesses that
cover their workers--and a majority do--burdened by the skyrocketing
cost of insurance, which is 35 percent higher for them than it is for
big business and government; and with 76 percent of Americans carrying
policies that contain lifetime limits, which can leave them without
coverage when they need it most--this country is fac-
ing a health care crisis. And we must confront it now.
In addition to our health care reform effort, the 1995 budget
contains key investments in health care and research. We propose the
largest increase ever requested in research funds for the National
Institutes of Health. This national treasure not only keeps our Nation
in the forefront of health research but has demonstrably saved millions
of lives and improved the quality of millions more. The additional
investment we propose will help NIH with its research in many areas,
from AIDS to heart problems, from mental health to breast cancer.
welfare reform
A major initiative for my Administration has been and will continue
to be overhauling our welfare system. We must reward work, we must give
people the wherewithal to work, and we must demand responsibility.
Welfare reform has already begun. The first step with the expansion
of the Earned Income Tax Credit last year. That expansion rewards work
by ensuring that families with a full-time worker will not live in
poverty.
The second stage of welfare reform is health care reform. Our current
health care system often encourages those on welfare to stay there in
order to receive health insurance through Medicaid. When we require
that every worker be insured, that disincentive to work will disappear.
The next element of welfare reform is personal responsibility. Our
welfare reform plan will include initiatives to prevent teen pregnancy,
ensure that parents fulfill their child support obligations, and try to
keep people from going on welfare in the first place. We must remember
this: governments do not raise children, parents do.
The ultimate goal of our reforms is to have our people rely on work,
not on welfare. Our plan will build on the Family Support Act by
providing education, training, and job search and placement for those
who need it; it will require people who can work to do so within two
years, either in the private sector or community service; it will
restore the basic social contract of providing opportunity and
demanding responsibility in return.
crime
Enactment of the crime bill now being considered in the Congress is
also essential, and it should happen quickly. We simply cannot tolerate
what is happening in the streets of our cities and towns today. Crime
and violence, the proliferation of handguns and assault weapons, the
fear that millions of Americans feel when they emerge from their homes
at night--and even in the daytime--must be confronted head-on.
We need to toughen enforcement, and we need to provide our local
governments with the resources they need to take on the epidemic of
violent crime. The crime bill will provide substantial resources,
enough to fulfill my commitment to put 100,000 additional po-
lice on our streets. This budget funds major pieces of the crime bill,
and I urge the Congress not only to approve the authorizing legislation
but to provide the financial resources to back it up.
defense and international affairs
Profound shifts are taking place in America's foreign relations and
defense requirements. When we came into office, we faced dramatically
changed international conditions and problems, but we inherited foreign
and defense policies and institutions still geared, in many ways, to
the conditions and needs of the Cold War.
This budget reflects the major changes we are carrying out in the
content, direction, and institutions which ensure that our interests
are defended abroad. We are committed to remaining engaged in a world
inextricably linked by trade and global communications. The nature of
that engagement is changing, however.
We remain committed to maintaining the best trained, best equipped
and best prepared fighting force in the world. Thanks to our 1993
Bottom-Up Review of defense, this force is being reshaped to meet the
new challenges of the post-Cold War era. We can maintain our national
security with the forces approved in the Bottom-Up Review, but we must
hold the line against further defense cuts, in order to protect fully
the readiness and quality of our forces.
We have put our economic competitiveness at the heart of our foreign
policy, as we must in a global economy. We are following the success of
NAFTA and GATT with further market-opening negotiations and intensified
focus on the promotion of U.S. exports. We are paying particular
attention to the Asian and Pacific markets, which have the most dynamic
growth of any region in the world.
We are dedicated to the enlargement of the community of free market
democracies, both as a way of ensuring greater security and as a way of
expanding economic opportunity. Our programs for the New Independent
States of Europe and Central Asia are the centerpiece of this effort.
We are responding aggressively to the new international security
challenges that face us: regional conflicts, the proliferation of
weapons of mass destruction, the movement of refugees, and the
international flow of illegal narcotics. And we are addressing threats
to the global environment and rapid population growth with a program to
promote sustainable development.
Finally, we are fundamentally reforming and restructuring our
international cooperation programs, giving an entirely new post-Cold
War structure to our efforts by rewriting the basic legislation that
has guided such programs for more than thirty years.
National Performance Review
The Vice President's National Performance Review (NPR) has paved the
[[Page 61]]
way for major reforms of how our government works, which are essential
to making government more efficient and responsible. Last year, we
began implementing its recommendations. With this budget, that effort
shifts into high gear.
First, this budget implements the reduction by 100,000 of Federal
positions required by my Executive Order of last year. Indeed, because
of discretionary spending constraints, our proposals actually exceed
that total by 18,000. In addition, planning has begun on the further
downsizing that will be required to implement the remaining portion of
the 252,000-position personnel reduction recommended by the NPR. With
this downsizing, we will bring the number of Federal employees to the
lowest level in thirty years.
To reach these goals, we need to be able to offer incentive packages
to those whose positions will be eliminated. This is one of our highest
legislative priorities, and it requires attention now. These ``buy-
out'' packages will minimize the need for more costly reductions in
force, are less disruptive since they are voluntary, and save the
government money in the long run.
The time also has come for swift passage of procurement reform,
another of our highest priorities. Streamlining procurement is
essential to meeting our personnel downsizing targets. And overhaul of
the current, wasteful system can give us significant savings, as well
as improved performance by government suppliers.
Further, this budget contains many of the specific programmatic
savings proposed by the NPR. These savings have been used in large part
to help us meet the discretionary spending freeze.
With my executive order last year, we also began the process of
reforming one of the basic functions of government--the regulatory
process. Regulations are often necessary to improve the health, safety,
environment, and well-being of the American people. Our goal is a more
open, more fair, and more honest process that produces smart
regulation: rules that impose the least burden and provide the most
cost-effective solutions possible.
Finally, all of our departments and agencies have begun to reform
their basic operations, including their financial and other
administrative practices.
The goal of the NPR is to make government work better and cost less--
and to make it more convenient and responsive to those it serves. That
is not something that can be completed in one year, in four, or even
eight. But we have a responsibility to begin, and that we have done.
conclusion
These are the priorities I seek to pursue in the coming year. Last
year, we succeeded in breaking the gridlock that had gripped Washington
for far too long. In contrast to past budgets, which lacked
credibility, we made sure to use cautious estimates, and we shot
straight with the American people.
The results are evident.
We said we would bring the deficit down, and we did. We said we would
revitalize the economy, and we did. We said that we would help the
private sector to create jobs, and we did. We said that we would reduce
the size of the bureaucracy, and we did.
Last year, my Administration and the Congress worked side by side to
move our country forward. Let us extend that record of achievement in
1994.
William J. Clinton.
The White House, February 7, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Appropriations and ordered to
be printed (H. Doc. 103-179).
Para. 6.6 message from the president--impoundment control
The SPEAKER pro tempore, Mr. SKELTON, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
In accordance with the Congressional Budget and Impoundment Control
Act of 1974, I herewith report one revised deferral of budget authority,
totaling $1.6 billion, three revised rescission proposals, and 27 new
proposed rescissions of budget authority. The total of the rescission
proposals included in this special message is $1.6 billion. When
combined with rescissions that went to the Congress on November 1, 1993,
there are $3.2 billion in rescissions pending before the Congress.
The details of the revised deferral, which affects International
Security Assistance, are contained in the attached report. The proposed
rescissions affect International Security Assistance Programs; the
Departments of Agriculture, Defense, Energy, Housing and Urban
Development, State, Transportation, and the Treasury; the General
Services Administration; the National Aeronautics and Space
Administration; the Board for International Broadcasting; the National
Science Foundation; and the Nuclear Regulatory Commission.
William J. Clinton.
The White House, February 7, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Appropriations and ordered to
be printed (H. Doc. 103-205).
And then,
Para. 6.7 adjournment
On motion of Mr. GONZALEZ, pursuant to the special order agreed to on
February 3, 1994, at 12 o'clock and 24 minutes p.m., the House adjourned
until 2 o'clock p.m. on Tuesday, February 7, 1994.
Para. 6.8 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. MACHTLEY (for himself, Mr. Markey, Mr. Andrews
of Maine, Mr. Blute, Ms. DeLauro, Mr. Frank of
Massachusetts, Mr. Franks of Connecticut, Mr.
Gejdenson, Mrs. Johnson of Connecticut, Mr. Kennedy,
Mrs. Kennelly, Mr. Meehan, Mr. Moakley, Mr. Neal of
Massachusetts, Mr. Olver, Mr. Reed, Mr. Sanders, Mr.
Shays, Ms. Snowe, Mr. Studds, Mr. Swett, Mr.
Torkildsen, Mr. Zeliff, Mr. Gallo, Mr. Klug, Mr.
Oberstar, Mr. Reynolds, Mr. Santorum, Mr. Quinn, Mr.
Wheat, Mr. Applegate, Mr. Rush, Mr. LaFalce, Mr.
Ridge, Mr. Wynn, Mr. Skelton, Mr. Klink, Mr. Franks
of New Jersey, Mr. Dingell, Ms. McKinney, Mr. Walsh,
Mr. Emerson, Mr. Roth, Mr. McCloskey, Mr. Barrett of
Wisconsin, Mr. Saxton, Mrs. Morella, Mr. Jacobs, Mr.
Evans, Mr. Torricelli, Mr. Inhofe, Mr. Levin, Mr.
Rogers, Mr. Gutierrez, Mrs. Collins of Illinois, Mr.
Murtha, Mr. Manton, Mr. Engel, Mr. Hall of Ohio, Ms.
Danner, Mr. Hochbrueckner, Ms. Eddie Bernice Johnson
of Texas, Ms. Lowey, Mr. Costello, Mr. Hamilton, Mr.
Flake, Mr. Volkmer, Mr. Klein, Mr. DeFazio, Mr.
Owens, Mr. Stupak, Mr. Kildee, Mr. Lipinski, Mr.
Boehlert, and Mr. Roberts):
H. Con. Res. 202. Concurrent resolution expressing the
sense of the Congress that all appropriations made for the
Low-Income Home Energy Assistance Program for fiscal year
1995 should be expended, and that expenditures for such
program for fiscal year 1996 should ensure the provision of
services at or above the same level; jointly, to the
Committees on Energy and Commerce and Education and Labor.
By Mr. DELLUMS:
H. Res. 347. Resolution providing amounts from the
contingent fund of the House for expenses of investigations
and studies by the Committee of Armed Services in the 2d
session of the 103d Congress; to the Committee on House
Administration.
By Mr. HAMILTON:
H. Res. 348. Resolution providing amounts from the
contingent fund of the House for expenses of investigations
and studies by the Committee of Foreign Affairs in the 2d
session of the 103d Congress; to the Committee on House
Administration.
By Mr. MILLER of California:
H. Res. 349. Resolution providing amounts from the
contingent fund of the House for expenses of investigations
and studies by the Committee on Natural Resources in the 2d
session of the 103d Congress; to the Committee on House
Administration.
By Mr. MINETA:
H. Res. 350. Resolution providing amounts from the
contingent fund of the House for expenses of investigations
and studies by the Committee on Public Works and
Transportation in the 2d session of the 103d Congress; to the
Committee on House Administration.
Para. 6.9 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
283. By the SPEAKER: Memorial of the Legislature of the
Territory of American Somoa, relative to a tribute to the
late Thomas P. ``Tip'' O'Neill, Speaker, U.S. House of
Representatives; to the Committee on House Administration.
284. Also, memorial of the Legislature of the Territory of
American Somoa, relative to establishing a veteran's
hospital-clinic in America Samoa; to the Committee on
Veterans' Affairs.
[[Page 62]]
Para. 6.10 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 112: Mr. Franks of New Jersey.
H.R. 476: Mr. Parker.
H.R. 786: Mr. Hall of Texas and Mr. Pallone.
H.R. 1078: Mr. Jacobs.
H.R. 1079: Mr. Jacobs.
H.R. 1081: Mr. Jacobs.
H.R. 1082: Mr. Jacobs.
H.R. 1191: Mr. Jacobs.
H.R. 1671: Mr. McDade, Mr. Holden, and Mr. Santorum.
H.R. 1697: Mr. Abercrombie and Ms. Kaptur.
H.R. 2032: Mr. Parker.
H.R. 2135: Mr. Serrano.
H.R. 2599: Mr. Johnston of Florida, Mr. Synar, and Mr.
Olver.
H.R. 2721: Ms. Snowe and Ms. Brown of Florida.
H.R. 2930: Mr. Filner, Mr. Scott, Mr. Towns, Mr. Johnston
of Florida, and Mr. Rangel.
H.R. 2936: Mr. Parker.
H.R. 2938: Mr. Parker.
H.R. 3080: Mr. Roth.
H.R. 3097: Mr. Evans.
H.R. 3288: Mr. Goodlatte.
H.R. 3328: Mr. Bilbray, Mr. Knollenberg, Ms. Woolsey, and
Mr. Manzullo.
H.R. 3513: Mr. Jacobs.
H.J. Res. 122: Mr. Mineta.
H.J. Res. 129: Mr. Jacobs.
H.J. Res. 191: Mr. Klein.
H.J. Res. 253: Mr. Reed and Mr. Young of Alaska.
H.J. Res. 302: Mr. Farr, Mr. Swett, Mr. Sanders, Mr. Leach,
Mr. Borski, Mr. Meehan, Mr. Reed, Mr. Gilman, Mr. Filner, Mr.
Miller of California, Mr. Gonzalez, and Mr. Ackerman.
H. Con. Res. 48: Mr. Miller of Florida, Mr. Gingrich, and
Mr. Bonilla.
H. Con. Res. 147: Mr. Dornan, Mr. Frost, and Ms. Cantwell.
H. Con. Res. 199: Ms. Byrne, Mr. Reed, Mr. Lantos, Mr.
Coyne, Mr. Montgomery, Mr. Zimmer, Mr. Gene Green of Texas,
Mr. Schumer, Mr. Frost, Mr. Smith of New Jersey, Mr. Filner,
Mr. Saxton, Mr. Santorum, Mr. Jefferson, Mr. Collins of
Georgia, Mr. Bliley, Mrs. Morella, Mr. Klink, Mrs. Lowey, Mr.
Evans, Mr. Wolf, Mr. Kanjorski, Ms. Brown of Florida, Mr.
Greenwood, Mr. Franks of New Jersey, Mr. Waxman, Mr. Manton,
Mr. Torricelli, Mr. Gingrich, Mr. Nadler, Mr. Johnston of
Florida, Mr. Lipinski, Mrs. Meek of Florida, Mr. Meehan, Mr.
Clement, Mr. Baesler, Mr. Kreidler, Mr. Ridge, Mr. Gutierrez,
and Mr. Jacobs.
H. Res. 255: Mr. Moran, Mr. Torkildsen, Mr. Hoekstra, Mr.
Herger, Mr. Barton of Texas, Mr. Goss, Mr. Istook, Mr.
Livingston, Mr. Smith of New Jersey, Mrs. Fowler, Mr. Zimmer,
and Mr. Duncan.
.
TUESDAY, FEBRUARY 8, 1994 (7)
The House was called to order by the SPEAKER.
Para. 7.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Monday, February 7, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Mr. TRAFICANT, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Mr. TRAFICANT objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER, pursuant to clause 5, rule I, announced that the vote
would be postponed until later today.
The point of no quorum was considered as withdrawn.
Para. 7.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2550. A communication from the President of the United
States, transmitting his request for fiscal year 1994
supplemental appropriations for the Departments of Housing
and Urban Development and Transportation and Funds
Appropriated to the President, in addition a fiscal year 1995
budget amendment for the Office of Administration within the
Executive Office of the President, pursuant to 31 U.S.C. 1107
(H. Doc. No. 103-207); to the Committee on Appropriations and
ordered to be printed.
2551. A letter from the Administrator, U.S. Environmental
Protection Agency, transmitting the Commission's 1991 annual
report on progress in implementing requirements concerning
the Nation's worst hazardous waste sites, pursuant to Public
Law 99-499, section 120(e)(5) (100 Stat. 1669); to the
Committee on Energy and Commerce.
2552. A communication from the President of the United
States, transmitting notification of the resignation of
Richard J. Hankinson from the position of Inspector General
of the U.S. Department of Justice; to the Committee on
Government Operations.
2553. A communication from the President of the United
States, transmitting a report entitled ``Progress Toward
Regional Nonproliferation in South Asia,'' pursuant to 22
U.S.C. 2376(c); jointly, to the Committees on Appropriations
and Foreign Affairs.
2554. A letter from the Acting Chairman, Nuclear Regulatory
Commission, transmitting a report on the nondisclosure of
safeguards information for the quarter ending December 31,
1993, pursuant to 42 U.S.C. 2167(e); jointly, to the
Committees on Energy and Commerce and Natural Resources.
2555. A letter from the Secretary of Transportation,
transmitting a draft of proposed legislation entitled ``The
Aviation Investment Act of 1994''; jointly, to the Committees
on Public Works and Transportation; Science, Space, and
Technology; and Ways and Means.
2556. A letter from the Administrator, Environmental
Protection Agency, transmitting a draft of proposed
legislation to amend the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, and for
other purposes; jointly, to the Committees on Energy and
Commerce; Public Works and Transportation; Science, Space,
and Technology; the Judiciary; and Ways and Means.
Para. 7.3 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
the Senate had passed a bill of the following title, in which the
concurrence of the House is requested:
S. 1789. An Act to amend title 23, United States Code, to
permit the use of funds under the highway bridge replacement
and rehabilitation program for seismic retrofit of bridges,
and for other purposes.
Para. 7.4 advisers for u.s. trade agreements
The SPEAKER, pursuant to the provisions of section 161(a) of the Trade
Act of 1974 (19 United States Code 2211) and upon the recommendation of
the Chairman of the Committee on Ways and Means, appointed as official
advisers to the U. S. delegations to international conferences,
meetings, and negotiation sessions relating to trade agreements during
the Second Session of the One Hundred Third Congress, Messrs.
Rostenkowski, Gibbons, Matsui, Archer and Crane, on the part of the
House.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 7.5 environmental restoration at military bases
The SPEAKER, pursuant to the provisions of section 2923 of Public Law
101-510 and section 125(b)(2) of Public Law 102-380, jointly, with the
Majority Leader of the Senate appointed Mr. Paul O. Reimer, from private
life, to the task force to make findings and recommendations for
environmental restoration at military bases scheduled for closure,
effective January 26, 1994.
Para. 7.6 technology-related assistance for the disabled
Mr. OWENS, moved to suspend the rules and agree to the following
resolution (H. Res. 351):
Resolved, That upon the adoption of this resolution the
bill (H.R. 2339) to revise and extend the programs of the
Technology-Related Assistance for Individuals With
Disabilities Act of 1988, and for other purposes, shall be
considered to have been taken from the Speaker's table to the
end that the Senate amendment thereto be, and the same is
hereby, agreed to with the following amendment:
In lieu of the Senate amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Technology-Related Assistance for Individuals With
Disabilities Act Amendments of 1994''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
Sec. 3. Findings, purposes, and policy.
Sec. 4. Definitions.
TITLE I--GRANTS TO STATES
Sec. 101. Program authorized.
Sec. 102. Development grants.
Sec. 103. Extension grants.
Sec. 104. Progress criteria and reports.
Sec. 105. Administrative provisions.
Sec. 106. Authorization of appropriations.
Sec. 107. Repeals.
TITLE II--PROGRAMS OF NATIONAL SIGNIFICANCE
Sec. 201. National classification system.
Sec. 202. Training and demonstration projects.
TITLE III--ALTERNATIVE FINANCING MECHANISMS
Sec. 301. Alternative financing mechanisms authorized.
TITLE IV--AMENDMENTS TO OTHER ACTS
Sec. 401. Individuals with Disabilities Education Act.
[[Page 63]]
Sec. 402. Rehabilitation Act of 1973.
Sec. 403. Administrative requirements under the Head Start Act.
Sec. 404. Technical and conforming amendments.
TITLE V--EFFECTIVE DATE
Sec. 501. Effective date.
SEC. 2. REFERENCES.
Except as otherwise specifically provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or a repeal of, a section or other provision,
the reference shall be considered to be made to a section or
other provision of the Technology-Related Assistance for
Individuals With Disabilities Act of 1988 (29 U.S.C. 2201 et
seq.).
SEC. 3. FINDINGS, PURPOSES, AND POLICY.
(a) Section Heading.--Section 2 (29 U.S.C. 2201) is amended
by striking the heading and inserting the following:
``SEC. 2. FINDINGS, PURPOSES, AND POLICY.''.
(b) Findings.--Section 2(a) (29 U.S.C. 2201(a)) is amended
to read as follows:
``(a) Findings.--The Congress finds as follows:
``(1) Disability is a natural part of the human experience
and in no way diminishes the right of individuals to--
``(A) live independently;
``(B) enjoy self-determination;
``(C) make choices;
``(D) pursue meaningful careers; and
``(E) enjoy full inclusion and integration in the economic,
political, social, cultural, and educational mainstream of
American society.
``(2) During the past decade, there have been major
advances in modern technology. Technology is now a powerful
force in the lives of all residents of the United States.
Technology can provide important tools for making the
performance of tasks quicker and easier.
``(3) For some individuals with disabilities, assistive
technology devices and assistive technology services are
necessary to enable the individuals--
``(A) to have greater control over their lives;
``(B) to participate in, and contribute more fully to,
activities in their home, school, and work environments, and
in their communities;
``(C) to interact to a greater extent with individuals who
do not have disabilities; and
``(D) to otherwise benefit from opportunities that are
taken for granted by individuals who do not have
disabilities.
``(4) Substantial progress has been made in the development
of assistive technology devices, including adaptations to
existing equipment, that significantly benefit individuals
with disabilities of all ages. Such devices can be used to
increase the involvement of such individuals in, and reduce
expenditures associated with, programs and activities such as
early intervention, education, rehabilitation and training,
employment, residential living, independent living,
recreation, and other aspects of daily living.
``(5) Most States have technology-related assistance
programs carried out under this Act. In spite of the efforts
made by such programs, there remains a need to support
systems change and advocacy activities in order to assist
States to develop and implement consumer-responsive,
comprehensive statewide programs of technology-related
assistance for individuals with disabilities of all ages.
``(6) Notwithstanding the efforts of such State technology-
related assistance programs, there is still a lack of--
``(A) resources to pay for assistive technology devices and
assistive technology services;
``(B) trained personnel to assist individuals with
disabilities to use such devices and services;
``(C) information among individuals with disabilities and
their family members, guardians, advocates, and authorized
representatives, individuals who work for public agencies, or
for private entities (including insurers), that have contact
with individuals with disabilities, educators and related
service personnel, technology experts (including engineers),
employers, and other appropriate individuals about the
availability and potential of technology for individuals with
disabilities;
``(D) aggressive outreach to underrepresented populations
and rural populations;
``(E) systems that ensure timely acquisition and delivery
of assistive technology devices and assistive technology
services, particularly with respect to children;
``(F) coordination among State human services programs, and
between such programs and private entities, particularly with
respect to transitions between such programs and entities;
and
``(G) capacity in such programs to provide the necessary
technology-related assistance.
``(7) Many individuals with disabilities cannot access
existing telecommunications and information technologies and
are at risk of not being able to access developing
technologies. The failure of Federal and State governments,
hardware manufacturers, software designers, information
systems managers, and telecommunications service providers to
account for the specific needs of individuals with
disabilities results in the exclusion of such individuals
from the use of telecommunications and information
technologies and results in unnecessary costs associated with
the retrofitting of devices and product systems.
``(8) There are insufficient incentives for the commercial
pursuit of the application of technology devices to meet the
needs of individuals with disabilities, because of the
perception that such individuals constitute a limited market.
``(9) At the Federal level, there is a lack of coordination
among agencies that provide or pay for the provision of
assistive technology devices and assistive technology
services. In addition, the Federal Government does not
provide adequate assistance and information with respect to
the use of assistive technology devices and assistive
technology services to individuals with disabilities and
their family members, guardians, advocates, and authorized
representatives, individuals who work for public agencies, or
for private entities (including insurers), that have contact
with individuals with disabilities, educators and related
services personnel, technology experts (including engineers),
employers, and other appropriate individuals.''.
(c) Purposes.--Section 2(b) (29 U.S.C. 2201(b)) is amended
to read as follows:
``(b) Purposes.--The purposes of this Act are as follows:
``(1) To provide financial assistance to the States to
support systems change and advocacy activities designed to
assist each State in developing and implementing a consumer-
responsive comprehensive statewide program of technology-
related assistance, for individuals with disabilities of all
ages, that is designed to--
``(A) increase the availability of, funding for, access to,
and provision of, assistive technology devices and assistive
technology services;
``(B) increase the active involvement of individuals with
disabilities and their family members, guardians, advocates,
and authorized representatives, in the planning, development,
implementation, and evaluation of such a program;
``(C) increase the involvement of individuals with
disabilities and, if appropriate, their family members,
guardians, advocates, or authorized representatives, in
decisions related to the provision of assistive technology
devices and assistive technology services;
``(D) increase the provision of outreach to
underrepresented populations and rural populations, to enable
the two populations to enjoy the benefits of programs carried
out to accomplish purposes described in this paragraph to the
same extent as other populations;
``(E) increase and promote coordination among State
agencies, and between State agencies and private entities,
that are involved in carrying out activities under this
title, particularly providing assistive technology devices
and assistive technology services, that accomplish a purpose
described in another subparagraph of this paragraph;
``(F)(i) increase the awareness of laws, regulations,
policies, practices, procedures, and organizational
structures, that facilitate the availability or provision of
assistive technology devices and assistive technology
services; and
``(ii) facilitate the change of laws, regulations,
policies, practices, procedures, and organizational
structures, that impede the availability or provision of
assistive technology devices and assistive technology
services;
``(G) increase the probability that individuals with
disabilities of all ages will, to the extent appropriate, be
able to secure and maintain possession of assistive
technology devices as such individuals make the transition
between services offered by human service agencies or between
settings of daily living;
``(H) enhance the skills and competencies of individuals
involved in providing assistive technology devices and
assistive technology services;
``(I) increase awareness and knowledge of the efficacy of
assistive technology devices and assistive technology
services among--
``(i) individuals with disabilities and their family
members, guardians, advocates, and authorized
representatives;
``(ii) individuals who work for public agencies, or for
private entities (including insurers), that have contact with
individuals with disabilities;
``(iii) educators and related services personnel;
``(iv) technology experts (including engineers);
``(v) employers; and
``(vi) other appropriate individuals;
``(J) increase the capacity of public agencies and private
entities to provide and pay for assistive technology devices
and assistive technology services on a statewide basis for
individuals with disabilities of all ages; and
``(K) increase the awareness of the needs of individuals
with disabilities for assistive technology devices and for
assistive technology services.
``(2) To identify Federal policies that facilitate payment
for assistive technology devices and assistive technology
services, to identify Federal policies that impede such
payment, and to eliminate inappropriate barriers to such
payment.
``(3) To enhance the ability of the Federal Government to
provide States with--
``(A) technical assistance, information, training, and
public awareness programs relating to the provision of
assistive technology devices and assistive technology
services; and
``(B) funding for demonstration projects.''.
(d) Policy.--Section 2 (29 U.S.C. 2201) is amended by
adding at the end the following:
``(c) Policy.--It is the policy of the United States that
all programs, projects, and ac-
[[Page 64]]
tivities receiving assistance under this Act shall be
consumer-responsive and shall be carried out in a manner
consistent with the principles of--
``(1) respect for individual dignity, personal
responsibility, self-determination, and pursuit of meaningful
careers, based on informed choice, of individuals with
disabilities;
``(2) respect for the privacy, rights, and equal access
(including the use of accessible formats), of such
individuals;
``(3) inclusion, integration, and full participation of
such individuals;
``(4) support for the involvement of a family member, a
guardian, an advocate, or an authorized representative, if an
individual with a disability requests, desires, or needs such
support; and
``(5) support for individual and systems advocacy and
community involvement.''.
SEC. 4. DEFINITIONS.
Section 3 (29 U.S.C. 2202) is amended--
(1) by redesignating paragraphs (1) through (8) as
paragraphs (2), (3), (7), (8), (10), (11), (13), and (14),
respectively;
(2) by inserting before paragraph (2) (as redesignated by
paragraph (1)) the following:
``(1) Advocacy services.--The term `advocacy services',
except as used as part of the term `protection and advocacy
services', means services--
``(A) provided to assist individuals with disabilities and
their family members, guardians, advocates, and authorized
representatives in accessing assistive technology devices and
assistive technology services; and
``(B) provided through--
``(i) individual case management for individuals with
disabilities;
``(ii) representation of individuals with disabilities
(other than representation within the definition of
protection and advocacy services);
``(iii) training of individuals with disabilities and their
family members, guardians, advocates, and authorized
representatives to successfully conduct advocacy for
themselves; or
``(iv) dissemination of information.'';
(3) in paragraph (3)(E) (as redesignated by paragraph (1)),
by striking ``family'' and all that follows and inserting
``the family members, guardians, advocates, or authorized
representatives of such an individual; and'';
(4) by inserting after paragraph (3) (as redesignated by
paragraph (1)) the following:
``(4) Comprehensive statewide program of technology-related
assistance.--The term `comprehensive statewide program of
technology-related assistance' means a statewide program of
technology-related assistance developed and implemented by a
State under title I that--
``(A) addresses the needs of all individuals with
disabilities, including members of underrepresented
populations and members of rural populations;
``(B) addresses such needs without regard to the age, type
of disability, race, ethnicity, or gender of such
individuals, or the particular major life activity for which
such individuals need the assistance; and
``(C) addresses such needs without requiring that the
assistance be provided through any particular agency or
service delivery system.
``(5) Consumer-responsive.--The term `consumer-responsive'
means, with respect to an entity, program, or activity, that
the entity, program, or activity--
``(A) is easily accessible to, and usable by, individuals
with disabilities and, when appropriate, their family
members, guardians, advocates, or authorized representatives;
``(B) responds to the needs of individuals with
disabilities in a timely and appropriate manner; and
``(C) facilitates the full and meaningful participation of
individuals with disabilities (including individuals from
underrepresented populations and rural populations) and their
family members, guardians, advocates, and authorized
representatives, in--
``(i) decisions relating to the provision of assistive
technology devices and assistive technology services; and
``(ii) the planning, development, implementation, and
evaluation of the comprehensive statewide program of
technology-related assistance.
``(6) Disability.--The term `disability' means a condition
of an individual that is considered to be a disability or
handicap for the purposes of any Federal law other than this
Act or for the purposes of the law of the State in which the
individual resides.'';
(5) by striking paragraph (7) (as redesignated by paragraph
(1)) and inserting the following:
``(7) Individual with a disability; individuals with
disabilities.--
``(A) Individual with a disability.--The term `individual
with a disability' means any individual--
``(i) who has a disability; and
``(ii) who is or would be enabled by an assistive
technology device or an assistive technology service to
minimize deterioration in functioning, to maintain a level of
functioning, or to achieve a greater level of functioning in
any major life activity.
``(B) Individuals with disabilities.--The term `individuals
with disabilities' means more than one individual with a
disability.'';
(6) in paragraph (8) (as redesignated by paragraph (1))--
(A) by striking ``section 435(b)'' and inserting ``section
1201(a)''; and
(B) by striking ``1965'' and inserting ``1965 (20 U.S.C.
1141(a))'';
(7) by inserting after paragraph (8) (as redesignated by
paragraph (1)) the following:
``(9) Protection and advocacy services.--The term
`protection and advocacy services' means services that--
``(A) are described in part C of the Developmental
Disabilities Assistance and Bill of Rights Act (42 U.S.C.
6041 et seq.), the Protection and Advocacy for Mentally Ill
Individuals Act (42 U.S.C. 10801 et seq.), or section 509 of
the Rehabilitation Act of 1973 (29 U.S.C. 794e); and
``(B) assist individuals with disabilities with respect to
assistive technology devices and assistive technology
services.'';
(8) in paragraph (11) (as redesignated by paragraph (1))--
(A) by striking ``several States'' and inserting ``several
States of the United States'';
(B) by striking ``Virgin Islands'' and inserting ``United
States Virgin Islands''; and
(C) by striking ``the Trust Territory of the Pacific
Islands'' and inserting ``the Republic of Palau (until the
Compact of Free Association with Palau takes effect)'';
(9) by inserting after such paragraph (11) the following:
``(12) Systems change and advocacy activities.--The term
`systems change and advocacy activities' means efforts that
result in laws, regulations, policies, practices, or
organizational structures that promote consumer-responsive
programs or entities and that facilitate and increase access
to, provision of, and funding for, assistive technology
devices and assistive technology services on a permanent
basis, in order to empower individuals with disabilities to
achieve greater independence, productivity, and integration
and inclusion within the community and the work force.'';
(10) in paragraph (13) (as redesignated by paragraph (1))--
(A) by striking ``functions performed and activities
carried out under section 101'' and inserting ``assistance
provided through systems change and advocacy activities'';
and
(B) by inserting ``any of subparagraphs (A) through (K)
of'' before ``section 2(b)(1)''; and
(11) by amending paragraph (14) (as redesignated by
paragraph (1)) to read as follows:
``(14) Underrepresented population.--The term
`underrepresented population' includes a population such as
minorities, the poor, and persons with limited-English
proficiency.''.
TITLE I--GRANTS TO STATES
SEC. 101. PROGRAM AUTHORIZED.
(a) Grants to States.--Section 101(a) (29 U.S.C. 2211(a))
is amended--
(1) by inserting after ``provisions of this title'' the
following: ``to support systems change and advocacy
activities designed''; and
(2) by striking ``to develop and implement'' and inserting
``in developing and implementing''.
(b) Activities.--Section 101 (29 U.S.C. 2211) is amended by
striking subsections (b) and (c) and inserting the following:
``(b) Activities.--Any State that receives a grant under
section 102 or 103 shall use the funds made available through
the grant to accomplish the purposes described in section
2(b)(1) and, in accomplishing such purposes, may carry out
any of the following systems change and advocacy activities:
``(1) Model systems and alternative state-financed
systems.--The State may support activities to increase access
to, and funding for, assistive technology, including--
``(A) the development, and evaluation of the efficacy, of
model delivery systems that provide assistive technology
devices and assistive technology services to individuals with
disabilities, that pay for such devices and services, and
that, if successful, could be replicated or generally
applied, such as--
``(i) the development of systems for the purchase, lease,
other acquisition, or payment for the provision, of assistive
technology devices and assistive technology services; or
``(ii) the establishment of alternative State or privately
financed systems of subsidies for the provision of assistive
technology devices and assistive technology services, such
as--
``(I) a loan system for assistive technology devices;
``(II) an income-contingent loan fund;
``(III) a low-interest loan fund;
``(IV) a revolving loan fund;
``(V) a loan insurance program; or
``(VI) a partnership with private entities for the
purchase, lease, or other acquisition of assistive technology
devices and the provision of assistive technology services;
``(B) the demonstration of assistive technology devices,
including--
``(i) the provision of a location or locations within the
State where--
``(I) individuals with disabilities and their family
members, guardians, advocates, and authorized
representatives;
``(II) education, rehabilitation, health care, and other
service providers;
``(III) individuals who work for Federal, State, or local
government entities; and
``(IV) employers,
can see and touch assistive technology devices, and learn
about the devices from personnel who are familiar with such
devices and their applications;
``(ii) the provision of counseling and assistance to
individuals with disabilities and their family members,
guardians, advocates, and authorized representatives to
determine individual needs for assistive technology devices
and assistive technology services; and
``(iii) the demonstration or short-term loan of assistive
technology devices to individuals, employers, public
agencies, or public accommodations seeking strategies to com-
[[Page 65]]
ply with the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.) and section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794); and
``(C) the establishment of information systems about, and
recycling centers for, the redistribution of assistive
technology devices and equipment that may include device and
equipment loans, rentals, or gifts.
``(2) Interagency coordination.--The State may support
activities--
``(A) to identify and coordinate Federal and State
policies, resources, and services, relating to the provision
of assistive technology devices and assistive technology
services, including entering into interagency agreements;
``(B) to convene interagency work groups to enhance public
funding options and coordinate access to funding for
assistive technology devices and assistive technology
services for individuals with disabilities of all ages, with
special attention to the issues of transition (such as
transition from school to work, and transition from
participation in programs under part H of the Individuals
with Disabilities Education Act (20 U.S.C. 1471 et seq.), to
participation in programs under part B of such Act (20 U.S.C.
1411 et seq.)) home use, and individual involvement in the
identification, planning, use, delivery, and evaluation of
such devices and services; or
``(C) to document and disseminate information about
interagency activities that promote coordination with respect
to assistive technology devices and assistive technology
services, including evidence of increased participation of
State and local special education, vocational rehabilitation,
and State medical assistance agencies and departments.
``(3) Outreach.--The State may carry out activities to
encourage the creation or maintenance of, support, or provide
assistance to, statewide and community-based organizations,
or systems, that provide assistive technology devices and
assistive technology services to individuals with
disabilities or that assist individuals with disabilities in
using assistive technology devices and assistive technology
services. Such activities may include outreach to consumer
organizations and groups in the State to coordinate the
activities of the organizations and groups with efforts
(including self-help, support groups, and peer mentoring) to
assist individuals with disabilities and their family
members, guardians, advocates, or authorized representatives,
to obtain funding for, and access to, assistive technology
devices and assistive technology services.
``(4) Expenses.--The State may pay for expenses, including
travel expenses, and services, including services of
qualified interpreters, readers, and personal care
assistants, that may be necessary to ensure access to the
comprehensive statewide program of technology-related
assistance by individuals with disabilities who are
determined by the State to be in financial need.
``(5) Statewide needs assessment.--The State may conduct a
statewide needs assessment that may be based on data in
existence on the date on which the assessment is initiated
and may include--
``(A) estimates of the numbers of individuals with
disabilities within the State, categorized by residence, type
and extent of disabilities, age, race, gender, and ethnicity;
``(B) in the case of an assessment carried out under a
development grant, a description of efforts, during the
fiscal year preceding the first fiscal year for which the
State received such a grant, to provide assistive technology
devices and assistive technology services to individuals with
disabilities within the State, including--
``(i) the number of individuals with disabilities who
received appropriate assistive technology devices and
assistive technology services; and
``(ii) a description of the devices and services provided;
``(C) information on the number of individuals with
disabilities who are in need of assistive technology devices
and assistive technology services, and a description of the
devices and services needed;
``(D) information on the cost of providing assistive
technology devices and assistive technology services to all
individuals with disabilities within the State who need such
devices and services;
``(E) a description of State and local public resources and
private resources (including insurance) that are available to
establish a consumer-responsive comprehensive statewide
program of technology-related assistance;
``(F) information identifying Federal and State laws,
regulations, policies, practices, procedures, and
organizational structures, that facilitate or interfere with
the operation of a consumer-responsive comprehensive
statewide program of technology-related assistance;
``(G) a description of the procurement policies of the
State and the extent to which such policies will ensure, to
the extent practicable, that assistive technology devices
purchased, leased, or otherwise acquired with assistance made
available through a grant made under section 102 or 103 are
compatible with other technology devices, including
technology devices designed primarily for use by--
``(i) individuals who are not individuals with
disabilities;
``(ii) individuals who are elderly; or
``(iii) individuals with particular disabilities; and
``(H) information resulting from an inquiry about whether a
State agency or task force (composed of individuals
representing the State and individuals representing the
private sector) should study the practices of private
insurance companies holding licenses within the State that
offer health or disability insurance policies under which an
individual may obtain reimbursement for--
``(i) the purchase, lease, or other acquisition of
assistive technology devices; or
``(ii) the use of assistive technology services.
``(6) Public awareness program.--
``(A) In general.--The State may--
``(i) support a public awareness program designed to
provide information relating to the availability and efficacy
of assistive technology devices and assistive technology
services for--
``(I) individuals with disabilities and their family
members, guardians, advocates, or authorized representatives;
``(II) individuals who work for public agencies, or for
private entities (including insurers), that have contact with
individuals with disabilities;
``(III) educators and related services personnel;
``(IV) technology experts (including engineers);
``(V) employers; and
``(VI) other appropriate individuals and entities; or
``(ii) establish and support such a program if no such
program exists.
``(B) Contents.--Such a public awareness program may
include--
``(i) the development and dissemination of information
relating to--
``(I) the nature of assistive technology devices and
assistive technology services;
``(II) the appropriateness, cost, and availability of, and
access to, assistive technology devices and assistive
technology services; and
``(III) the efficacy of assistive technology devices and
assistive technology services with respect to enhancing the
capacity of individuals with disabilities;
``(ii) the development of procedures for providing direct
communication among public providers of assistive technology
devices and assistive technology services and between public
providers and private providers of such devices and services
(including employers); and
``(iii) the development and dissemination of information
relating to the use of the program by individuals with
disabilities and their family members, guardians, advocates,
or authorized representatives, professionals who work in a
field related to an activity described in this section, and
other appropriate individuals.
``(7) Training and technical assistance.--The State may
carry out directly, or may provide support to a public or
private entity to carry out, training and technical
assistance activities--
``(A) that--
``(i) are provided for individuals with disabilities and
their family members, guardians, advocates, and authorized
representatives, and other appropriate individuals; and
``(ii) may include--
``(I) training in the use of assistive technology devices
and assistive technology services;
``(II) the development of written materials, training, and
technical assistance describing the means by which agencies
consider the needs of an individual with a disability for
assistive technology devices and assistive technology
services in developing, for the individual, any
individualized education program described in section
614(a)(5) of the Individuals with Disabilities Education Act
(20 U.S.C. 1414(a)(5)), any individualized written
rehabilitation program described in section 102 of the
Rehabilitation Act of 1973 (29 U.S.C. 722), any
individualized family service plan described in section 677
of the Individuals with Disabilities Education Act (20 U.S.C.
1477), and any other individualized plans or programs;
``(III) training regarding the rights of the persons
described in clause (i) to assistive technology devices and
assistive technology services under any law other than this
Act, to promote fuller independence, productivity, and
inclusion in and integration into society of such persons;
and
``(IV) training to increase consumer participation in the
identification, planning, use, delivery, and evaluation of
assistive technology devices and assistive technology
services; and
``(B) that--
``(i) enhance the assistive technology skills and
competencies of--
``(I) individuals who work for public agencies, or for
private entities (including insurers), that have contact with
individuals with disabilities;
``(II) educators and related services personnel;
``(III) technology experts (including engineers);
``(IV) employers; and
``(V) other appropriate personnel; and
``(ii) include taking actions to facilitate the development
of standards, or, when appropriate, the application of such
standards, to ensure the availability of qualified personnel.
``(8) Program data.--The State may support the compilation
and evaluation of appropriate data related to a program
described in subsection (a).
``(9) Access to technology-related information.--
[[Page 66]]
``(A) In general.--The State may develop, operate, or
expand a system for public access to information concerning
an activity carried out under another paragraph of this
subsection, including information about assistive technology
devices and assistive technology services, funding sources
and costs of such assistance, and individuals, organizations,
and agencies capable of carrying out such an activity for
individuals with disabilities.
``(B) Access.--Access to the system may be provided through
community-based entities, including public libraries, centers
for independent living (as defined in section 702(1) of the
Rehabilitation Act of 1973 (29 U.S.C. 796a(1))), and
community rehabilitation programs (as defined in section
7(25) of such Act (29 U.S.C. 706(25))).
``(C) System.--In developing, operating, or expanding a
system described in subparagraph (A), the State may--
``(i) develop, compile, and categorize print, large print,
braille, audio, and video materials, computer disks, compact
discs (including compact discs formatted with read-only
memory), information that can be used in telephone-based
information systems, and such other media as technological
innovation may make appropriate;
``(ii) identify and classify existing funding sources, and
the conditions of and criteria for access to such sources,
including any funding mechanisms or strategies developed by
the State;
``(iii) identify existing support groups and systems
designed to help individuals with disabilities make effective
use of an activity carried out under another paragraph of
this subsection; and
``(iv) maintain a record of the extent to which citizens of
the State use or make inquiries of the system established in
subparagraph (A), and of the nature of such inquiries.
``(D) Linkages.--The information system may be organized on
an interstate basis or as part of a regional consortium of
States in order to facilitate the establishment of
compatible, linked information systems.
``(10) Interstate activities.--
``(A) In general.--The State may enter into cooperative
agreements with other States to expand the capacity of the
States involved to assist individuals with disabilities of
all ages to learn about, acquire, use, maintain, adapt, and
upgrade assistive technology devices and assistive technology
services that such individuals need at home, at school, at
work, or in other environments that are part of daily living.
``(B) Electronic communication.--The State may operate or
participate in a computer system through which the State may
electronically communicate with other States to gain
technical assistance in a timely fashion and to avoid the
duplication of efforts already undertaken in other States.
``(11) Partnerships and cooperative initiatives.--The State
may support the establishment or continuation of partnerships
and cooperative initiatives between the public sector and the
private sector to promote greater participation by business
and industry in--
``(A) the development, demonstration, and dissemination of
assistive technology devices; and
``(B) the ongoing provision of information about new
products to assist individuals with disabilities.
``(12) Advocacy services.--The State may provide advocacy
services.
``(13) Other activities.--The State may utilize amounts
made available through grants made under section 102 or 103
for any systems change and advocacy activities, other than
the activities described in another paragraph of this
subsection, that are necessary for developing, implementing,
or evaluating the consumer-responsive comprehensive statewide
program of technology-related assistance.
``(c) Nonsupplantation.--In carrying out systems change and
advocacy activities under this title, the State shall ensure
that the activities supplement, and not supplant, similar
activities that have been carried out pursuant to other
Federal or State law.''.
SEC. 102. DEVELOPMENT GRANTS.
Section 102 (29 U.S.C. 2212) is amended--
(1) in subsection (a)--
(A) by striking ``3-year grants'' and inserting ``3-year
grants to support systems change and advocacy activities
described in section 101(b) (including activities described
in subsection (e)(7))''; and
(B) by striking ``to develop and implement statewide
programs'' and inserting ``in developing and implementing
consumer-responsive comprehensive statewide programs'';
(2) by striking subsection (b);
(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively;
(4) in subsection (b) (as redesignated in paragraph (3))--
(A) in paragraph (3)(C), by striking ``statewide program''
and inserting ``consumer-responsive comprehensive statewide
program''; and
(B) in paragraph (5)--
(i) in subparagraph (A)--
(I) by striking ``(A)'' and inserting ``(A) State.--'';
(II) by inserting ``United States'' before ``Virgin
Islands''; and
(III) by striking ``Trust Territory of the Pacific
Islands'' and inserting ``Republic of Palau''; and
(ii) in subparagraph (B)--
(I) by striking ``(B)'' and inserting ``(B) Territory.--'';
(II) by inserting ``United States'' before ``Virgin
Islands''; and
(III) by striking ``Trust Territory of the Pacific
Islands'' and inserting ``Republic of Palau (until the
Compact of Free Association takes effect)'';
(5) in paragraph (2) of subsection (c) (as redesignated in
paragraph (3)) by striking ``statewide programs'' and
inserting ``consumer-responsive comprehensive statewide
programs'';
(6) by inserting after such subsection (c) the following:
``(d) Designation of the Lead Agency.--
``(1) Designation.--The Governor of any State that desires
to receive a grant under this section shall designate the
office, agency, entity, or individual (referred to in this
Act as the `lead agency') responsible for--
``(A) submitting the application described in subsection
(e) on behalf of the State;
``(B) administering and supervising the use of amounts made
available under the grant;
``(C)(i) coordinating efforts related to, and supervising
the preparation of, the application;
``(ii) coordinating the planning, development,
implementation, and evaluation of the consumer-responsive
comprehensive statewide program of technology-related
assistance among public agencies and between public agencies
and private agencies, including coordinating efforts related
to entering into interagency agreements; and
``(iii) coordinating efforts related to, and supervising,
the active, timely, and meaningful participation by
individuals with disabilities and their family members,
guardians, advocates, or authorized representatives, and
other appropriate individuals, with respect to activities
carried out under the grant; and
``(D) the delegation, in whole or in part, of any
responsibilities described in subparagraph (A), (B), or (C)
to one or more appropriate offices, agencies, entities, or
individuals.
``(2) Qualifications.--In designating the lead agency, the
Governor may designate--
``(A) a commission appointed by the Governor;
``(B) a public-private partnership or consortium;
``(C) a university-affiliated program;
``(D) a public agency;
``(E) a council established under Federal or State law; or
``(F) another appropriate office, agency, entity, or
individual.
``(3) Abilities of lead agency.--The State shall provide,
in accordance with subsection (e)(1), evidence that the lead
agency has the ability--
``(A) to respond to assistive technology needs across
disabilities and ages;
``(B) to promote the availability throughout the State of
assistive technology devices and assistive technology
services;
``(C) to promote and implement systems change and advocacy
activities;
``(D) to promote and develop public-private partnerships;
``(E) to exercise leadership in identifying and responding
to the technology needs of individuals with disabilities and
their family members, guardians, advocates, and authorized
representatives;
``(F) to promote consumer confidence, responsiveness, and
advocacy; and
``(G) to exercise leadership in implementing effective
strategies for capacity building, staff and consumer
training, and enhancement of access to funding for assistive
technology devices and assistive technology services across
agencies.'';
(7) in subsection (e)--
(A) by striking paragraphs (1), (2), and (3) and inserting
the following:
``(1) Designation of the lead agency.--Information
identifying the lead agency designated by the Governor under
subsection (d)(1), and the evidence described in subsection
(d)(3).
``(2) Agency involvement.--A description of the nature and
extent of involvement of various State agencies, including
the State insurance department, in the preparation of the
application and the continuing role of each agency in the
development and implementation of the consumer-responsive
comprehensive statewide program of technology-related
assistance, including the identification of the available
resources and financial responsibility of each agency for
paying for assistive technology devices and assistive
technology services.
``(3) Involvement.--
``(A) Consumer involvement.--A description of procedures
that provide for--
``(i)(I) the active involvement of individuals with
disabilities and their family members, guardians, advocates,
and authorized representatives, and other appropriate
individuals, in the development, implementation, and
evaluation of the program; and
``(II) the active involvement, to the maximum extent
appropriate, of individuals with disabilities who use
assistive technology devices or assistive technology
services, in decisions relating to such devices and services;
and
``(ii) mechanisms for determining consumer satisfaction and
participation of individuals with disabilities who represent
a variety of ages and types of disabilities, in the consumer-
responsive comprehensive statewide program of technology-
related assistance.
``(B) Public involvement.--A description of the nature and
extent of--
``(i) the involvement, in the designation of the lead
agency under subsection (d), and in the development of the
application, of--
[[Page 67]]
``(I) individuals with disabilities and their family
members, guardians, advocates, or authorized representatives;
``(II) other appropriate individuals who are not employed
by a State agency; and
``(III) organizations, providers, and interested parties,
in the private sector; and
``(ii) the continuing role of the individuals and entities
described in clause (i) in the program.'';
(B) in paragraph (4), by striking ``underserved groups''
and inserting ``underrepresented populations or rural
populations'';
(C) in paragraphs (4) and (5), by striking ``statewide
program'' each place the term appears and inserting
``consumer-responsive comprehensive statewide program'';
(D) by striking paragraphs (6), (7), and (17);
(E) by redesignating paragraphs (8) and (9) as paragraphs
(17) and (18), respectively, and transferring such paragraphs
to the end of the subsection;
(F) by inserting after paragraph (5) the following:
``(6) Goals, objectives, activities, and outcomes.--
Information on the program with respect to--
``(A) the goals and objectives of the State for the
program;
``(B) the systems change and advocacy activities that the
State plans to carry out under the program; and
``(C) the expected outcomes of the State for the program,
consistent with the purposes described in section 2(b)(1).
``(7) Priority activities.--
``(A) In general.--An assurance that the State will use
funds made available under this section or section 103 to
accomplish the purposes described in section 2(b)(1) and the
goals, objectives, and outcomes described in paragraph (6),
and to carry out the systems change and advocacy activities
described in paragraph (6)(B), in a manner that is consumer-
responsive.
``(B) Particular activities.--An assurance that the State,
in carrying out such systems change and advocacy activities,
shall carry out activities regarding--
``(i) the development, implementation, and monitoring of
State, regional, and local laws, regulations, policies,
practices, procedures, and organizational structures, that
will improve access to, provision of, funding for, and timely
acquisition and delivery of, assistive technology devices and
assistive technology services;
``(ii) the development and implementation of strategies to
overcome barriers regarding access to, provision of, and
funding for, such devices and services, with priority for
identification of barriers to funding through State education
(including special education) services, vocational
rehabilitation services, and medical assistance services or,
as appropriate, other health and human services, and with
particular emphasis on overcoming barriers for
underrepresented populations and rural populations;
``(iii) coordination of activities among State agencies, in
order to facilitate access to, provision of, and funding for,
assistive technology devices and assistive technology
services;
``(iv) the development and implementation of strategies to
empower individuals with disabilities and their family
members, guardians, advocates, and authorized
representatives, to successfully advocate for increased
access to, funding for, and provision of, assistive
technology devices and assistive technology services, and to
increase the participation, choice, and control of such
individuals with disabilities and their family members,
guardians, advocates, and authorized representatives in the
selection and procurement of assistive technology devices and
assistive technology services;
``(v) the provision of outreach to underrepresented
populations and rural populations, including identifying and
assessing the needs of such populations, providing activities
to increase the accessibility of services to such
populations, training representatives of such populations to
become service providers, and training staff of the consumer-
responsive comprehensive statewide program of technology-
related assistance to work with such populations; and
``(vi) the development and implementation of strategies to
ensure timely acquisition and delivery of assistive
technology devices and assistive technology services,
particularly for children,
unless the State demonstrates through the progress reports
required under section 104 that significant progress has been
made in the development and implementation of a consumer-
responsive comprehensive statewide program of technology-
related assistance, and that other systems change and
advocacy activities will increase the likelihood that the
program will accomplish the purposes described in section
2(b)(1).
``(8) Assessment.--An assurance that the State will conduct
an annual assessment of the consumer-responsive comprehensive
statewide program of technology-related assistance, in order
to determine--
``(A) the extent to which the State's goals and objectives
for systems change and advocacy activities, as identified in
the State plan under paragraph (6), have been achieved; and
``(B) the areas of need that require attention in the next
year.
``(9) Data collection.--A description of--
``(A) the data collection system used for compiling
information on the program, consistent with such requirements
as the Secretary may establish for such systems, and, when a
national classification system is developed pursuant to
section 201, consistent with such classification system; and
``(B) procedures that will be used to conduct evaluations
of the program.'';
(G) in paragraphs (11)(B)(i) and (12)(B) by striking
``individual with disabilities'' and inserting ``individual
with a disability'';
(H) in paragraph (16)(A), by striking ``the families or
representatives of individuals with disabilities'' and
inserting ``their family members, guardians, advocates, or
authorized representatives''; and
(I) by adding at the end the following:
``(19) Authority to use funds.--An assurance that the lead
agency will have the authority to use funds made available
through a grant made under this section or section 103 to
comply with the requirements of this section or section 103,
respectively, including the ability to hire qualified staff
necessary to carry out activities under the program.
``(20) Protection and advocacy services.--Either--
``(A) an assurance that the State will annually provide,
from the funds made available to the State through a grant
made under this section or section 103, an amount calculated
in accordance with subsection (f)(4), in order to make a
grant to, or enter into a contract with, an entity to support
protection and advocacy services through the systems
established to provide protection and advocacy under the
Developmental Disabilities Assistance and Bill of Rights Act
(42 U.S.C. 6000 et seq.), the Protection and Advocacy for
Mentally Ill Individuals Act (42 U.S.C. 10801 et seq.), and
section 509 of the Rehabilitation Act of 1973 (29 U.S.C.
794e); or
``(B) at the discretion of the State, a request that the
Secretary annually reserve, from the funds made available to
the State through a grant made under this section or section
103, an amount calculated in accordance with subsection
(f)(4), in order for the Secretary to make a grant to or
enter into a contract with such a system to support
protection and advocacy services.
``(21) Training activities.--An assurance that the State--
``(A) will develop and implement strategies for including
personnel training regarding assistive technology within
existing Federal- and State-funded training initiatives, in
order to enhance assistive technology skills and
competencies; and
``(B) will document such training.
``(22) Limit on indirect costs.--An assurance that the
percentage of the funds received under the grant that is used
for indirect costs shall not exceed 10 percent.
``(23) Coordination with state councils.--An assurance that
the lead agency will coordinate the activities funded through
a grant made under this section or section 103 with the
activities carried out by other councils within the State,
including--
``(A) any council or commission specified in the assurance
provided by the State in accordance with section 101(a)(36)
of the Rehabilitation Act of 1973 (29 U.S.C. 721(a)(36));
``(B) the Statewide Independent Living Council established
under section 705 of the Rehabilitation Act of 1973 (29
U.S.C. 796d);
``(C) the advisory panel established under section
613(a)(12) of the Individuals with Disabilities Education Act
(20 U.S.C. 1413(a)(12));
``(D) the State Interagency Coordinating Council
established under section 682 of the Individuals with
Disabilities Education Act (20 U.S.C. 1482);
``(E) the State Planning Council described in section 124
of the Developmental Disabilities Assistance and Bill of
Rights Act (42 U.S.C. 6024);
``(F) the State mental health planning council established
under section 1914 of the Public Health Service Act (42
U.S.C. 300x-3); and
``(G) any council established under section 204,
206(g)(2)(A), or 712(a)(3)(H) of the Older Americans Act of
1965 (42 U.S.C. 3015, 3017(g)(2)(A), or 3058g(a)(3)(H)).
``(24) Coordination with other systems change and advocacy
activities.--An assurance that there will be coordination
between the activities funded through the grant and other
related systems change and advocacy activities funded by
either Federal or State sources.
``(25) Other information and assurances.--Such other
information and assurances as the Secretary may reasonably
require.''; and
(8) by adding at the end the following:
``(f) Protection and Advocacy Requirements.--
``(1) Requirements.--A State that, as of June 30, 1993, has
provided for protection and advocacy services through an
entity that--
``(A) is capable of performing the functions that would
otherwise be performed under subsection (e)(20) by the system
described in subsection (e)(20); and
``(B) is not a system described in such subsection,
shall be considered to meet the requirements of such
subsection. Such entity shall receive funding to provide such
protection and advocacy services in accordance with paragraph
(4), and shall comply with the same requirements of this
title (other than the requirements of such subsection) as a
system that receives funding under such subsection.
``(2) Protection and advocacy service provider report.--
``(A) Preparation.--A system that receives funds under
subsection (e)(20) to carry out the protection and advocacy
services described in subsection (e)(20)(A) in a State, or an
entity described in paragraph (1) that carries out such
services in the State, shall prepare reports that contain
such information
[[Page 68]]
as the Secretary may require, including the following:
``(i) A description of the activities carried out by the
system or entity with such funds.
``(ii) Documentation of significant progress, in providing
protection and advocacy services, in each of the following
areas:
``(I) Conducting activities that are consumer-responsive,
including activities that will lead to increased access to
funding for assistive technology devices and assistive
technology services.
``(II) Executing legal, administrative, and other
appropriate means of representation to implement systems
change and advocacy activities.
``(III) Developing and implementing strategies designed to
enhance the long-term abilities of individuals with
disabilities and their family members, guardians, advocates,
and authorized representatives to successfully advocate for
assistive technology devices and assistive technology
services to which the individuals with disabilities are
entitled under law other than this Act.
``(IV) Coordinating activities with protection and advocacy
services funded through sources other than this Act, and
coordinating activities with the systems change and advocacy
activities carried out by the State lead agency.
``(B) Submission.--The system or entity shall submit the
reports to the program described in subsection (a) in the
State not less often than every 6 months.
``(C) Updates.--The system or entity shall provide monthly
updates to the program described in subsection (a) concerning
the activities and information described in subparagraph (A).
``(3) Consultation with state programs.--Before making a
grant or entering into a contract under subsection (e)(20)(B)
to support the protection and advocacy services described in
subsection (e)(20)(A) in a State, the Secretary shall solicit
and consider the opinions of the lead agency in the State
with respect to the terms of the grant or contract.
``(4) Calculation of expenditures.--
``(A) In general.--For each fiscal year, for each State
receiving a grant under this section or section 103, the
Secretary shall specify a minimum amount that the State shall
use to provide protection and advocacy services.
``(B) Initial years of grant.--Except as provided in
subparagraph (C) or (D)--
``(i) the Secretary shall calculate such minimum amount for
a State based on the size of the grant, the needs of
individuals with disabilities within the State, the
population of the State, and the geographic size of the
State; and
``(ii) such minimum amount shall be not less than $40,000
and not more than $100,000.
``(C) Fourth year of second extension grant.--If a State
receives a second extension grant under section 103(a)(2),
the Secretary shall specify a minimum amount under
subparagraph (A) for the fourth year (if any) of the grant
period that shall equal 75 percent of the minimum amount
specified for the State under such subparagraph for the third
year of the second extension grant of the State.
``(D) Fifth year of second extension grant.--If a State
receives a second extension grant under section 103(a)(2),
the Secretary shall specify a minimum amount under
subparagraph (A) for the fifth year (if any) of the grant
period that shall equal 50 percent of the minimum amount
specified for the State under such subparagraph for the third
year of the second extension grant of the State.
``(E) Prohibition.--After the fifth year (if any) of the
grant period, no Federal funds may be made available under
this title by the State to a system described in subsection
(e)(20) or an entity described in paragraph (1).''.
SEC. 103. EXTENSION GRANTS.
Section 103 (29 U.S.C. 2213) is amended to read as follows:
``SEC. 103. EXTENSION GRANTS.
``(a) Extension Grants.--
``(1) Initial extension grant.--The Secretary may award an
initial extension grant, for a period of 2 years, to any
State that meets the standards specified in subsection
(b)(1).
``(2) Second extension grant.--The Secretary may award a
second extension grant, for a period of not more than 5
years, to any State that meets the standards specified in
subsection (b)(2).
``(b) Standards.--
``(1) Initial extension grant.--In order for a State to
receive an initial extension grant under this section, the
designated lead agency of the State shall--
``(A) provide the evidence described in section 102(d)(3);
and
``(B) demonstrate that the State has made significant
progress, and has carried out systems change and advocacy
activities that have resulted in significant progress, toward
the development and implementation of a consumer-responsive
comprehensive statewide program of technology-related
assistance, consistent with sections 2(b)(1), 101, and 102.
``(2) Second extension grant.--
``(A) Responsibilities of designated lead agency.--In order
for a State to receive a second extension grant under this
section, the designated lead agency shall--
``(i) provide the evidence and make the demonstration
described in paragraph (1);
``(ii) describe the steps the State has taken or will take
to continue on a permanent basis the consumer-responsive
comprehensive statewide program of technology-related
assistance with the ability to maintain, at a minimum, the
outcomes achieved by the systems change and advocacy
activities; and
``(iii) identify future funding options and commitments for
the program from the public and private sector and the key
individuals, agencies, and organizations to be involved in,
and to direct future efforts of, the program.
``(B) Determination of compliance.--In making any award to
a State for a second extension grant, the Secretary shall
(except as provided in section 105(a)(2)(A)(iii)) make such
award contingent on a determination, based on the onsite
visit required under section 105(a)(2)(A)(ii), that the State
is making significant progress toward development and
implementation of a consumer-responsive comprehensive
statewide program of technology-related assistance. If the
Secretary determines that the State is not making such
progress, the Secretary may take an action described in
section 105(b)(2), in accordance with the applicable
procedures described in section 105.
``(c) Amounts of Grants.--
``(1) Initial extension grants.--
``(A) In general.--
``(i) States.--From amounts appropriated under section 106
for any fiscal year, the Secretary shall pay an amount that
is not less than $500,000 and not greater than $1,500,000 to
each State (other than a State described in clause (ii)) that
receives an initial extension grant under subsection (a)(1).
``(ii) Territories.--From amounts appropriated under
section 106 for any fiscal year, the Secretary shall pay an
amount that is not greater than $150,000 to any of the
following States that receives an initial extension grant
under subsection (a)(1):
``(I) The United States Virgin Islands.
``(II) Guam.
``(III) American Samoa.
``(IV) The Commonwealth of the Northern Mariana Islands.
``(V) The Republic of Palau (until the Compact of Free
Association takes effect).
``(B) Calculation of amount.--The Secretary shall calculate
the amount described in clause (i) or (ii) of subparagraph
(A) with respect to a State on the basis of--
``(i) amounts available for making grants pursuant to
subsection (a)(1);
``(ii) the population of the State;
``(iii) the types of assistance to be provided in the
State; and
``(iv) the amount of resources committed by the State and
available to the State from other sources.
``(C) Priority for previously participating states.--
Amounts appropriated in any fiscal year for purposes of
carrying out subsection (a)(1) shall first be made available
to States that received assistance under this section during
the fiscal year preceding the fiscal year concerned.
``(D) Increases.--In providing any increases in initial
extension grants under subsection (a)(1) above the amounts
provided to States under this section for fiscal year 1993,
the Secretary may give priority to--
``(i) the States (other than the States described in
subparagraph (A)(ii)) that have the largest populations,
based on the most recent census data; and
``(ii) the States (other than the States described in
subparagraph (A)(ii)) that are sparsely populated, with a
wide geographic spread,
where such characteristics have impeded the development of a
consumer-responsive, comprehensive statewide program of
technology-related assistance.
``(2) Second extension grants.--
``(A) Amounts and priority.--The amounts of, and the
priority of applicants for, the second extension grants
awarded under subsection (a)(2) shall be determined by the
Secretary, except that--
``(i) the amount paid to a State for the fourth year (if
any) of the grant period shall be 75 percent of the amount
paid to the State for the third year of the grant period;
``(ii) the amount paid to a State for the fifth year (if
any) of the grant period shall be 50 percent of the amount
paid to the State for the third year of the grant period; and
``(iii) after the fifth year of the grant period, no
Federal funds may be made available to the State under this
title.
``(B) Increases.--In providing any increases in second
extension grants under subsection (a)(2) above the amounts
provided to States under this section for fiscal year 1993,
the Secretary may give priority to States described in
paragraph (1)(D).
``(d) Application.--A State that desires to receive an
extension grant under this section shall submit an
application to the Secretary that contains the following
information and assurances with respect to the consumer-
responsive comprehensive statewide program of technology-
related assistance in the State:
``(1) Information and assurances.--The information and
assurances described in section 102(e), except the
preliminary needs assessment described in section 102(e)(4).
``(2) Needs; problems; strategies; outreach.--
``(A) Needs.--A description of needs relating to
technology-related assistance of individuals with
disabilities (including individuals from underrepresented
populations or rural populations) and their family members,
guardians, advocates, or authorized representatives, and
other appropriate individuals within the State.
``(B) Problems.--A description of any problems or gaps that
remain with the development and implementation of a consumer-
[[Page 69]]
responsive comprehensive statewide program of technology-
related assistance in the State.
``(C) Strategies.--A description of the strategies that the
State will pursue during the grant period to remedy the
problems or gaps with the development and implementation of
such a program.
``(D) Outreach activities.--A description of outreach
activities to be conducted by the State, including
dissemination of information to eligible populations, with
special attention to underrepresented populations and rural
populations.
``(3) Activities and progress under previous grant.--A
description of--
``(A) the specific systems change and advocacy activities
described in section 101(b) (including the activities
described in section 1012(e)(7)) carried out under the
development grant received by the State under section 102,
or, in the case of an application for a grant under
subsection (a)(2), under an initial extension grant received
by the State under this section, including--
``(i) a description of systems change and advocacy
activities that were undertaken to produce change on a
permanent basis for individuals with disabilities of all
ages;
``(ii) a description of activities undertaken to improve
the involvement of individuals with disabilities in the
program, including training and technical assistance efforts
to improve individual access to assistive technology devices
and assistive technology services as mandated under other
laws and regulations as in effect on the date of the
application, and including actions undertaken to improve the
participation of underrepresented populations and rural
populations, such as outreach efforts; and
``(iii) an evaluation of the impact and results of the
activities described in clauses (i) and (ii);
``(B) the relationship of such systems change and advocacy
activities to the development and implementation of a
consumer-responsive comprehensive statewide program of
technology-related assistance; and
``(C) the progress made toward the development and
implementation of such a program.
``(4) Public involvement.--
``(A) Report.--In the case of an application for a grant
under subsection (a)(1), a report on the hearing described in
subsection (e)(1) or, in the case of an application for a
grant under subsection (a)(2), a report on the hearing
described in subsection (e)(2).
``(B) Other state actions.--A description of State actions,
other than such a hearing, designed to determine the degree
of satisfaction of individuals with disabilities, and their
family members, guardians, advocates, or authorized
representatives, public service providers and private service
providers, educators and related services providers,
technology experts (including engineers), employers, and
other appropriate individuals and entities with--
``(i) the degree of their ongoing involvement in the
development and implementation of the consumer-responsive
comprehensive statewide program of technology-related
assistance;
``(ii) the specific systems change and advocacy activities
described in section 101(b) (including the activities
described in section 102(e)(7)) carried out by the State
under the development grant or the initial extension grant;
``(iii) progress made toward the development and
implementation of a consumer-responsive comprehensive
statewide program of technology-related assistance; and
``(iv) the ability of the lead agency to carry out the
activities described in section 102(d)(3).
``(5) Comments.--A summary of any comments received
concerning the issues described in paragraph (4) and response
of the State to such comments, solicited through a public
hearing referred to in paragraph (4) or through other means,
from individuals affected by the consumer-responsive
comprehensive statewide program of technology-related
assistance, including--
``(A) individuals with disabilities and their family
members, guardians, advocates, or authorized representatives;
``(B) public service providers and private service
providers;
``(C) educators and related services personnel;
``(D) technology experts (including engineers);
``(E) employers; and
``(F) other appropriate individuals and entities.
``(6) Compatibility and accessibility of electronic
equipment.--An assurance that the State, or any recipient of
funds made available to the State under section 102 or this
section, will comply with guidelines established under
section 508 of the Rehabilitation Act of 1973 (29 U.S.C.
794d).
``(e) Public Hearing.--
``(1) Initial extension grant.--To be eligible to receive a
grant under subsection (a)(1), a State shall hold a public
hearing in the third year of a program carried out under a
grant made under section 102, after providing appropriate and
sufficient notice to allow interested groups and
organizations and all segments of the public an opportunity
to comment on the program.
``(2) Second extension grant.--To be eligible to receive a
grant under subsection (a)(2), a State shall hold a public
hearing in the second year of a program carried out under a
grant made under subsection (a)(1), after providing the
notice described in paragraph (1).''.
SEC. 104. PROGRESS CRITERIA AND REPORTS.
Section 104 (29 U.S.C. 2214) is amended to read as follows:
``SEC. 104. PROGRESS CRITERIA AND REPORTS.
``(a) Guidelines.--The Secretary shall develop guidelines
to be used in assessing the extent to which a State that
received a grant under section 102 or 103 is making
significant progress in developing and implementing a
consumer-responsive comprehensive statewide program of
technology-related assistance consistent with section
2(b)(1).
``(b) Reports.--Each State that receives a grant under
section 102 or 103 to carry out such a program shall submit
annually to the Secretary a report that documents significant
progress in developing and implementing a consumer-responsive
comprehensive statewide program of technology-related
assistance, consistent with sections 2(b)(1), 101, and
102(e), and that documents the following:
``(1) The progress the State has made, as determined in the
State's annual assessment described in section 102(e)(8)
(consistent with the guidelines established by the Secretary
under subsection (a)), in achieving the State's goals,
objectives, and outcomes as identified in the State's
application as described in section 102(e)(6), and areas of
need that require attention in the next year, including
unanticipated problems with the achievement of the goals,
objectives, and outcomes described in the application, and
the activities the State has undertaken to rectify these
problems.
``(2) The systems change and advocacy activities carried
out by the State including--
``(A) an analysis of the laws, regulations, policies,
practices, procedures, and organizational structures that the
State has changed, has attempted to change, or will attempt
to change during the next year, to facilitate and increase
timely access to, provision of, or funding for, assistive
technology devices and assistive technology services; and
``(B) a description of any written policies and procedures
that the State has developed and implemented regarding access
to, provision of, and funding for, assistive technology
devices and assistive technology services, particularly
policies and procedures regarding access to, provision of,
and funding for, such devices and services under education
(including special education), vocational rehabilitation, and
medical assistance programs.
``(3) The degree of involvement of various State agencies,
including the State insurance department, in the development,
implementation, and evaluation of the program, including any
interagency agreements that the State has developed and
implemented regarding access to, provision of, and funding
for, assistive technology devices and assistive technology
services such as agreements that identify available resources
for assistive technology devices and assistive technology
services and the responsibility of each agency for paying for
such devices and services.
``(4) The activities undertaken to collect and disseminate
information about the documents or activities analyzed or
described in paragraphs (1) through (3), including outreach
activities to underrepresented populations and rural
populations and efforts to disseminate information by means
of electronic communication.
``(5) The involvement of individuals with disabilities who
represent a variety of ages and types of disabilities in the
planning, development, implementation, and assessment of the
consumer-responsive comprehensive statewide program of
technology-related assistance, including activities
undertaken to improve such involvement, such as consumer
training and outreach activities to underrepresented
populations and rural populations.
``(6) The degree of consumer satisfaction with the program,
including satisfaction by underrepresented populations and
rural populations.
``(7) Efforts to train personnel as well as consumers.
``(8) Efforts to reduce the service delivery time for
receiving assistive technology devices and assistive
technology services.
``(9) Significant progress in the provision of protection
and advocacy services, in each of the areas described in
section 102(f)(2)(A)(ii).''.
SEC. 105. ADMINISTRATIVE PROVISIONS.
(a) Review of Participating States.--Section 105(a) (29
U.S.C. 2215(a)) is amended--
(1) in paragraph (1), by inserting before the period the
following: ``, consistent with the guidelines established
under section 104(a)'';
(2) by striking paragraph (2) and inserting the following:
``(2) Onsite visits.--
``(A) Visits.--
``(i) Development grant program.--The Secretary shall
conduct an onsite visit during the final year of each State's
participation in the development grant program.
``(ii) Extension grant program.--Except as provided in
clause (iii), the Secretary shall conduct an additional
onsite visit to any State that applies for a second extension
grant under section 103(a)(2) and whose initial onsite visit
occurred prior to the date of the enactment of the
Technology-Related Assistance for Individuals With
Disabilities Act Amendments of 1994. The Secretary shall
conduct any such visit to the State not later than 12 months
after the date on which the Secretary awards the second
extension grant.
``(iii) Determination.--The Secretary shall not be required
to conduct a visit described in clause (ii) if the Secretary
determines that the visit is not necessary to assess whether
the State is making significant
[[Page 70]]
progress toward development and implementation of a consumer-
responsive comprehensive statewide program of technology-
related assistance.
``(B) Team.--Two-thirds of the onsite monitoring team in
each case shall be qualified peer reviewers, who--
``(i) shall not be lead agency personnel;
``(ii) shall be from States other than the State being
monitored; and
``(iii) shall include an individual with a disability, or a
family member, a guardian, an advocate, or an authorized
representative of such an individual.
``(C) Compensation.--
``(i) Officers or employees.--Members of any onsite
monitoring team who are officers or full-time employees of
the United States shall serve without compensation in
addition to that received for their services as officers or
employees of the United States, but may be allowed travel
expenses, including per diem in lieu of subsistence, as
authorized by section 5702 of title 5, United States Code,
for individuals in the Government service traveling on
official business.
``(ii) Other members.--Members of any onsite monitoring
team who are not officers or full-time employees of the
United States shall receive compensation at a rate not to
exceed the daily equivalent of the rate of pay for level IV
of the Executive Schedule under section 5315 of title 5,
United States Code, for each day (including traveltime)
during which such members are engaged in the actual
performance of their duties as members of an onsite
monitoring team. In addition, such members may be allowed
travel expenses, including per diem in lieu of subsistence,
as authorized by section 5703 of title 5, United States Code,
for individuals in the Government service employed
intermittently.
``(D) Report.--The Secretary shall prepare a report of
findings from the onsite visit. The Secretary shall consider
the findings in determining whether to continue funding the
program either with or without changes. The report shall be
available to the public.'';
(3) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively;
(4) by inserting after paragraph (2) the following:
``(3) Advance public notice.--The Secretary shall provide
advance public notice of the onsite visit and solicit public
comment through such notice from individuals with
disabilities and their family members, guardians, advocates,
and authorized representatives, public service providers and
private service providers, educators and related services
personnel, technology experts (including engineers),
employers, and other appropriate individuals and entities,
regarding the State program funded through a grant made under
section 102 or 103. The public comment solicitation notice
shall be included in the onsite visit report described in
paragraph (2).''; and
(5) in paragraph (4) (as redesignated in paragraph (3)) by
striking ``statewide program'' and inserting ``consumer-
responsive comprehensive statewide program''.
(b) Corrective Action Plan.--Section 105(b) (29 U.S.C.
2215(b)) is amended--
(1) in paragraph (2)--
(A) in the heading, by striking ``Penalties'' and inserting
``Corrective actions'';
(B) in the matter preceding subparagraph (A), by striking
``penalties'' and inserting ``corrective actions'';
(C) by striking ``or'' at the end of subparagraph (B);
(D) by striking the period at the end of subparagraph (C)
and inserting ``; or''; and
(E) by adding at the end the following:
``(D) required redesignation of the lead agency, in
accordance with subsection (c).''; and
(2) in paragraph (3), by striking ``subsection (a)(4)'' and
inserting ``subsection (a)(5)''.
(c) Redesignation.--Section 105 (29 U.S.C. 2215) is
amended--
(1) by striking subsection (c); and
(2) by adding at the end the following:
``(c) Redesignation of Lead Agency.--
``(1) Monitoring panel.--
``(A) Appointment.--Once a State becomes subject to a
corrective action plan pursuant to subsection (b), the
Governor of the State, subject to approval by the Secretary,
shall appoint, within 30 days after the submission of the
plan to the Secretary, a monitoring panel consisting of the
following representatives:
``(i) The head of the lead agency designated by the
Governor.
``(ii) 2 representatives from different public or private
nonprofit organizations that represent the interests of
individuals with disabilities.
``(iii) 2 consumers who are users of assistive technology
devices and assistive technology services and who are not--
``(I) members of the advisory council, if any, of the
consumer-responsive comprehensive statewide program of
technology-related assistance; or
``(II) employees of the State lead agency.
``(iv) 2 service providers with knowledge and expertise in
assistive technology devices and assistive technology
services.
``(B) Membership and chairperson.--The monitoring panel
shall be ethnically diverse. The panel shall select a
chairperson from among the members of the panel.
``(C) Information.--The panel shall receive periodic
reports from the State regarding progress in implementing the
corrective action plan and shall have the authority to
request additional information necessary to determine
compliance.
``(D) Meetings.--The meetings of the panel to determine
compliance shall be open to the public (subject to
confidentiality concerns) and held at locations that are
accessible to individuals with disabilities.
``(E) Period.--The panel shall carry out the duties of the
panel for the entire period of the corrective action plan, as
determined by the Secretary.
``(F) Funding.--The panel shall be funded by a portion of
the funds received by the State under this title, as directed
by the Secretary.
``(2) Failure to appoint monitoring panel.--A failure by a
Governor of a State to comply with the requirements of
paragraph (1) shall result in the termination of funding for
the State under this title.
``(3) Determination.--
``(A) Panel.--Based on its findings, a monitoring panel may
determine that a lead agency designated by a Governor has not
accomplished the purposes described in section 2(b)(1) and
that there is good cause for redesignation of the agency and
the temporary loss of funds by the State under this title.
``(B) Good cause.--In this paragraph, the term `good cause'
includes--
``(i) lack of progress with employment of qualified staff;
``(ii) lack of consumer-responsive activities;
``(iii) lack of resource allocation to systems change and
advocacy activities;
``(iv) lack of progress with meeting the assurances in
section 102(e); or
``(v) inadequate fiscal management.
``(C) Recommendation and action.--If a monitoring panel
makes such a determination, the panel shall recommend to the
Secretary that further remedial action be taken or that the
Secretary order the Governor to redesignate the lead agency
within 90 days or lose funds under this title. The Secretary,
based on the findings and recommendations of the monitoring
panel, and after providing to the public notice and an
opportunity for comment, shall make a final determination
regarding whether to order the Governor to redesignate the
lead agency. The Governor shall make any such redesignation
in accordance with the requirements that apply to
designations under section 102(d).
``(d) Change of Protection and Advocacy Services
Provider.--
``(1) Determination.--The Governor of a State, based on
input from individuals with disabilities and their family
members, guardians, advocates, or authorized representatives,
may determine that the entity providing protection and
advocacy services required by section 102(e)(20) (referred to
in this subsection as the `first entity') has not met the
protection and advocacy service needs of the individuals with
disabilities and their family members, guardians, advocates,
or authorized representatives, for securing funding for and
access to assistive technology devices and assistive
technology services, and that there is good cause to provide
the protection and advocacy services for the State through a
contract with a second entity.
``(2) Notice and opportunity to be heard.--On making such a
determination, the Governor may not enter into a contract
with a second entity to provide the protection and advocacy
services unless good cause exists and unless--
``(A) the Governor has given the first entity 30 days
notice of the intention to enter into such contract,
including specification of the good cause, and an opportunity
to respond to the assertion that good cause has been shown;
``(B) individuals with disabilities and their family
members, guardians, advocates, or authorized representatives,
have timely notice of the determination and opportunity for
public comment; and
``(C) the first entity has the opportunity to appeal the
determination to the Secretary within 30 days of the
determination on the basis that there is not good cause to
enter into the contract.
``(3) Redesignation.--
``(A) In general.--When the Governor of a State determines
that there is good cause to enter into a contract with a
second entity to provide the protection and advocacy
services, the Governor shall hold an open competition within
the State and issue a request for proposals by entities
desiring to provide the services.
``(B) Timing.--The Governor shall not issue such request
until the first entity has been given notice and an
opportunity to respond. If the first entity appeals the
determination to the Secretary in accordance with paragraph
(2)(C), the Governor shall issue such request only if the
Secretary decides not to overturn the determination of the
Governor. The Governor shall issue such request within 30
days after the end of the period during which the first
entity has the opportunity to respond, or after the decision
of the Secretary, as appropriate.
``(C) Procedure.--Such competition shall be open to
entities with the same expertise and ability to provide legal
services as a system referred to in section 102(e)(20). The
competition shall ensure public involvement, including a
public hearing and adequate opportunity for public comment.
``(e) Annual Report.--
``(1) In general.--Not later than December 31 of each year,
the Secretary shall prepare, and submit to the President and
to the Congress, a report on Federal initiatives, including
the initiatives funded under this Act, to improve the access
of individuals with disabilities to assistive technology
devices and assistive technology services.
[[Page 71]]
``(2) Contents.--Such report shall include information on--
``(A) the demonstrated successes of such Federal
initiatives at the Federal and State levels in improving
interagency coordination, streamlining access to funding for
assistive technology, and producing beneficial outcomes for
users of assistive technology;
``(B) the demonstration activities carried out through the
Federal initiatives to--
``(i) promote access to such funding in public programs
that were in existence on the date of the initiation of the
demonstration activities; and
``(ii) establish additional options for obtaining such
funding;
``(C) the education and training activities carried out
through the Federal initiatives to promote such access in
public programs and the health care system and the efforts
carried out through such activities to train professionals in
a variety of relevant disciplines, and increase the
competencies of the professionals with respect to technology-
related assistance;
``(D) the education and training activities carried out
through the Federal initiatives to train individuals with
disabilities and their family members, guardians, advocates,
or authorized representatives, individuals who work for
public agencies, or for private entities (including
insurers), that have contact with individuals with
disabilities, educators and related services personnel,
technology experts (including engineers), employers, and
other appropriate individuals, about technology-related
assistance;
``(E) the education and training activities carried out
through Federal initiatives to promote awareness of available
funding in public programs;
``(F) the research activities carried out through the
Federal initiatives to improve understanding of the costs and
benefits of access to assistive technology for individuals
with disabilities who represent a variety of ages and types
of disabilities;
``(G) the program outreach activities to rural and inner-
city areas that are carried out through the Federal
initiatives;
``(H) the activities carried out through the Federal
initiatives that are targeted to reach underrepresented
populations and rural populations; and
``(I) the consumer involvement activities in the programs
carried out under this Act.
``(3) Availability of assistive technology devices and
assistive technology services.--As soon as practicable, the
Secretary shall include in the annual report required by this
subsection information on the availability of assistive
technology devices and assistive technology services. When a
national classification system for assistive technology
devices and assistive technology services is developed
pursuant to section 201, the Secretary shall report such
information in a manner consistent with such national
classification system.
``(f) Interagency Disability Coordinating Council.--
``(1) Contents.--On or before October 1, 1995, the
Interagency Disability Coordinating Council established under
section 507 of the Rehabilitation Act of 1973 (29 U.S.C.
794c) shall prepare and submit to the President and to the
Congress a report containing--
``(A) the response of the Interagency Disability
Coordinating Council to--
``(i) the findings of the National Council on Disability
resulting from the study entitled `Study on the Financing of
Assistive Technology Devices and Services for Individuals
with Disabilities', carried out in accordance with section
201 of this Act, as in effect on the day before the date of
the enactment of this subsection; and
``(ii) the recommendations of the National Council on
Disability for legislative and administrative change,
resulting from such study; and
``(B) information on any other activities of the
Interagency Disability Coordinating Council that facilitate
the accomplishment of section 2(b)(1) with respect to the
Federal Government.
``(2) Comments.--The report shall include any comments
submitted by the National Council on Disability as to the
appropriateness of the response described in paragraph (1)(A)
and the effectiveness of the activities described in
paragraph (1)(B) in meeting the needs of individuals with
disabilities for assistive technology devices and assistive
technology services.
``(g) Effect on Other Assistance.--This title may not be
construed as authorizing a Federal or a State agency to
reduce medical or other assistance available or to alter
eligibility under any other Federal law.''.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
Section 106 (29 U.S.C. 2216) is amended to read as follows:
``SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this title
$50,000,000 for fiscal year 1994, and such sums as may be
necessary for each of the fiscal years 1995 through 1998.
``(b) Reservations.--
``(1) Provision of information and technical assistance.--
``(A) In general.--Of the funds appropriated for any fiscal
year under subsection (a), the Secretary shall reserve at
least 2 percent or $1,500,000, whichever is greater, of such
funds, for the purpose of providing information and technical
assistance as described in subparagraphs (B) and (C) to
States, individuals with disabilities and their family
members, guardians, advocates, or authorized representatives,
community-based organizations, and protection and advocacy
agencies.
``(B) Technical assistance to states.--In providing such
information and technical assistance to States, the Secretary
shall consider the input of the directors of consumer-
responsive comprehensive statewide programs of technology-
related assistance, shall provide a clearinghouse for
activities that have been developed and implemented through
programs funded under this title, and shall provide
information and technical assistance that--
``(i) facilitate service delivery capacity building,
training of personnel from a variety of disciplines, and
improvement of evaluation strategies, research, and data
collection;
``(ii) foster the development and replication of effective
approaches to information referral, interagency coordination
of training and service delivery, outreach to
underrepresented populations and rural populations, and
public awareness activities;
``(iii) improve the awareness and adoption of successful
approaches to increasing the availability of public and
private funding for and access to the provision of assistive
technology devices and assistive technology services by
appropriate State agencies;
``(iv) assist in planning, developing, implementing, and
evaluating appropriate activities to further extend consumer-
responsive comprehensive statewide programs of technology-
related assistance;
``(v) promote effective approaches to the development of
consumer-controlled systems that increase access to, funding
for, and awareness of, assistive technology devices and
assistive technology services;
``(vi) provide technical assistance and training to the
entities carrying out activities funded pursuant to this
title, to establish or participate in electronic
communication activities with other States; and
``(vii) provide any other appropriate information and
technical assistance to assist the States in accomplishing
the purposes of this Act.
``(C) Information and technical assistance to individuals
with disabilities and other persons.--The Secretary shall
provide information and technical assistance to individuals
with disabilities and their family members, guardians,
advocates, or authorized representatives, community-based
organizations, and protection and advocacy agencies, on a
nationwide basis, to--
``(i) disseminate information about, and foster awareness
and understanding of, Federal, State, and local laws,
regulations, policies, practices, procedures, and
organizational structures, that facilitate, and overcome
barriers to, funding for, and access to, assistive technology
devices and assistive technology services, to promote fuller
independence, productivity, and inclusion for individuals
with disabilities of all ages;
``(ii) identify, collect, and disseminate information, and
provide technical assistance, on effective systems change and
advocacy activities;
``(iii) improve the understanding and use of assistive
technology funding decisions made as a result of policies,
practices, and procedures, or through regulations,
administrative hearings, or legal actions, that enhance
access to funding for assistive technology devices and
assistive technology services for individuals with
disabilities;
``(iv) promote effective approaches to Federal-State
coordination of programs for individuals with disabilities,
through information dissemination and technical assistance
activities in response to funding policy issues identified on
a nationwide basis by organizations, and individuals, that
improve funding for or access to assistive technology devices
and assistive technology services for individuals with
disabilities of all ages; and
``(v) promote effective approaches to the development of
consumer-controlled systems that increase access to, funding
for, and awareness of, assistive technology devices and
assistive technology services, including the identification
and description of mechanisms and means that successfully
support self-help and peer mentoring groups for individuals
with disabilities.
``(D) Coordination.--The Secretary shall coordinate the
information and technical assistance activities carried out
under subparagraph (B) or (C) with other activities funded
under this Act.
``(E) Grants, contracts, or cooperative agreements.--
``(i) In general.--The Secretary shall provide the
technical assistance and information described in
subparagraphs (B) and (C) through grants, contracts, or
cooperative agreements with public or private agencies and
organizations, including institutions of higher education,
with documented experience, expertise, and capacity to carry
out identified activities related to the provision of such
technical assistance and information.
``(ii) Entities with expertise in assistive technology
service delivery, interagency coordination, and systems
change and advocacy activities.--For the purpose of achieving
the objectives described in paragraph (1)(B), the Secretary
shall reserve not less than 45 percent and not more than 55
percent of the funds reserved under subparagraph (A) for each
fiscal year for grants to, or contracts or cooperative
agreements with, public or private agencies or organizations
with documented experience with and expertise in assistive
technology service delivery, interagency coordination, and
systems change and advocacy activities.
[[Page 72]]
``(iii) Entities with expertise in assistive technology
systems change and advocacy activities, public funding
options, and other services.--For the purpose of achieving
the objectives described in paragraph (1)(C), the Secretary
shall reserve not less than 45 percent and not more than 55
percent of the funds reserved under subparagraph (A) for each
fiscal year for grants to, or contracts or cooperative
agreements with, public or private agencies or organizations
with documented experience with and expertise in--
``(I) assistive technology systems change and advocacy
activities;
``(II) public funding options; and
``(III) services to increase nationwide the availability of
funding for assistive technology devices and assistive
technology services.
``(iv) Application.--The Secretary shall make any grants,
and enter into any contracts or cooperative agreements, under
this subsection on a competitive basis. To be eligible to
receive funds under this subsection an agency, organization,
or institution shall submit an application to the Secretary
at such time, in such manner, and containing such
information, as the Secretary may require.
``(2) Onsite visits.--The Secretary may reserve, from
amounts appropriated for any fiscal year under subsection
(a), such sums as the Secretary considers to be necessary for
the purposes of conducting onsite visits as required by
section 105(a)(2).''.
SEC. 107. REPEALS.
Section 107 (20 U.S.C. 2217) is repealed.
TITLE II--PROGRAMS OF NATIONAL SIGNIFICANCE
SEC. 201. NATIONAL CLASSIFICATION SYSTEM.
Title II (29 U.S.C. 2231 et seq.) is amended by repealing
part A and inserting the following:
``Subtitle A--National Classification System
``SEC. 201. CLASSIFICATION SYSTEM.
``(a) System Development Project.--
``(1) In general.--In fiscal year 1995, the Secretary shall
initiate a system development project, based on a plan
developed in consultation and coordination with other
appropriate Federal and State agencies, to develop a national
classification system for assistive technology devices and
assistive technology services, with the goal of obtaining
uniform data through such a system on such devices and
services across public programs and information and referral
networks.
``(2) Project plan.--
``(A) Representatives.--In developing a plan for the system
development project, the Secretary shall consult with, and
coordinate activities with--
``(i) representatives of Federal agencies, including
agencies that are headed by members of the Interagency
Disability Coordinating Council established under section 507
of the Rehabilitation Act of 1973 (29 U.S.C. 794c); and
``(ii) as determined by the Secretary, representatives of
State agencies and other appropriate organizations that have
responsibility for or are involved in the development and
modification of assistive technology devices, the provision
of assistive technology devices and assistive technology
services, or the dissemination of information about assistive
technology devices and assistive technology services,
including recipients of grants or contracts for the provision
of technical assistance to State assistive technology
projects under section 106(b), assistive technology
reimbursement specialists, representatives of the State
assistive technology projects, and representatives of
organizations involved in information and referral
activities.
``(B) Issues.--The Secretary shall conduct such
consultation, and such coordination of activities, with
respect to the following:
``(i) The costs and benefits, on an agency-by-agency basis,
of obtaining uniform data through a national classification
system for assistive technology devices and assistive
technology services across public programs and information
and referral networks.
``(ii) The types of data that should be collected,
including data regarding funding, across a range of programs,
including the programs listed in subsection (c)(2), as
appropriate.
``(iii) A methodology for developing a single taxonomy and
nomenclature for both assistive technology devices and
assistive technology services across a range of programs,
including the programs listed in subsection (c)(2), as
appropriate.
``(iv) The process for developing an appropriate data
collection instrument or instruments.
``(v) A methodology for collecting data across a range of
programs, including the programs listed in subsection (c)(2),
as appropriate.
``(vi) The use of a national classification system by the
Internal Revenue Service and State finance agencies to
determine whether devices and services are assistive
technology devices or assistive technology services for the
purpose of determining whether a deduction or credit is
allowable under the Internal Revenue Code of 1986 or State
tax law.
``(3) Contracts and cooperative agreements.--The Secretary
may carry out this section directly, or, if necessary, by
entering into contracts or cooperative agreements with
appropriate entities.
``(b) Single Taxonomy.--In conducting the system
development project, the Secretary shall develop a national
classification system that includes a single taxonomy and
nomenclature for assistive technology devices and assistive
technology services.
``(c) Data Collection Instrument.--In conducting the system
development project, the Secretary shall develop a data
collection instrument to--
``(1) collect data regarding funding for assistive
technology devices and assistive technology services; and
``(2) collect such data from public programs, including, at
a minimum--
``(A) programs carried out under title I, VI, or VII of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et seq., 795 et
seq., or 796 et seq.);
``(B) programs carried out under part B or H of the
Individuals with Disabilities Education Act (20 U.S.C. 1411
et seq. or 1471 et seq.);
``(C) programs carried out under title V or XIX of the
Social Security Act (42 U.S.C. 701 et seq. or 1396 et seq.);
``(D) programs carried out under the Older Americans Act of
1965 (42 U.S.C. 3001 et seq.); and
``(E) programs carried out under the Developmental
Disabilities Assistance and Bill of Rights Act (42 U.S.C.
6000 et seq.).
``(d) Consultation.--The Secretary shall conduct the system
development project in consultation with the Federal agencies
that were consulted in developing the project plan.
``(e) Report to the President and the Congress on
Implementation of Uniform Data Collection System.--Not later
than July 1, 1997, the Secretary shall prepare and submit to
the President and the appropriate committees of Congress a
report containing--
``(1) the results of the system development project; and
``(2) the recommendations of the Secretary concerning
implementation of a national classification system, including
uniform data collection.
``(f) Reservation.--From the amounts appropriated under
subtitle C for fiscal year 1995, the Secretary shall reserve
up to $200,000 to carry out this subtitle.''.
SEC. 202. TRAINING AND DEMONSTRATION PROJECTS.
Title II (29 U.S.C. 2231 et seq.) is amended by repealing
parts B, C, and D and inserting the following:
``Subtitle B--Training and Demonstration Projects
``SEC. 211. TRAINING.
``(a) Technology Training.--
``(1) General authority.--The Secretary shall make grants
to, or enter into contracts or cooperative agreements with,
appropriate public or private agencies and organizations,
including institutions of higher education and community-
based organizations, for the purposes of--
``(A) conducting training sessions;
``(B) developing, demonstrating, disseminating, and
evaluating curricula, materials, and methods used to train
individuals regarding the provision of technology-related
assistance, to enhance opportunities for independence,
productivity, and inclusion of individuals with disabilities;
and
``(C) providing training to develop awareness, skills, and
competencies of service providers, consumers, and volunteers,
who are located in rural areas, to increase the availability
of technology-related assistance in community-based settings
for rural residents who are individuals with disabilities.
``(2) Eligible activities.--Activities conducted under
grants, contracts, or cooperative agreements described in
paragraph (1) may address the training needs of individuals
with disabilities and their family members, guardians,
advocates, and authorized representatives, individuals who
work for public agencies, or for private entities (including
insurers), that have contact with individuals with
disabilities, educators and related services personnel,
technology experts (including engineers), employers, and
other appropriate individuals.
``(3) Uses of funds.--An agency or organization that
receives a grant or enters into a contract or cooperative
agreement under paragraph (1) may use amounts made available
through the grant, contract, or agreement to--
``(A) pay for a portion of the cost of courses of training
or study related to technology-related assistance; and
``(B) establish and maintain scholarships related to such
courses of training or study, with such stipends and
allowances as the Secretary may determine to be appropriate.
``(4) Application.--
``(A) In general.--To be eligible to receive a grant or
enter into a contract or cooperative agreement under
paragraph (1), an agency or organization shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require.
``(B) Strategies.--At a minimum, any such application shall
include a detailed description of the strategies that the
agency or organization will use to recruit and train persons
to provide technology-related assistance, in order to--
``(i) increase the extent to which such persons reflect the
diverse populations of the United States; and
``(ii) increase the number of individuals with
disabilities, and individuals who are members of minority
groups, who are available to provide such assistance.
``(5) Priorities.--
``(A) In general.--Beginning in fiscal year 1994, the
Secretary shall--
``(i) establish priorities for activities carried out with
assistance under this subsection;
[[Page 73]]
``(ii) publish such priorities in the Federal Register for
the purpose of receiving public comment; and
``(iii) publish such priorities in the Federal Register in
final form not later than the date on which the Secretary
publishes announcements for assistance provided under this
subsection.
``(B) Explanation of determination of priorities.--
Concurrent with the publications required by subparagraph
(A), the Secretary shall publish in the Federal Register an
explanation of the manner in which the priorities were
determined.
``(b) Technology Careers.--
``(1) In general.--
``(A) Grants.--The Secretary shall make grants to assist
public or private agencies and organizations, including
institutions of higher education, to prepare students and
faculty working in specific fields for careers relating to
the provision of assistive technology devices and assistive
technology services.
``(B) Fields.--The specific fields described in
subparagraph (A) may include--
``(i) engineering;
``(ii) industrial technology;
``(iii) computer science;
``(iv) communication disorders;
``(v) special education and related services;
``(vi) rehabilitation; and
``(vii) social work.
``(2) Priority.--In awarding grants under paragraph (1),
the Secretary shall give priority to the interdisciplinary
preparation of personnel who provide or who will provide
technical assistance, who administer programs, or who prepare
other personnel, in order to--
``(A) support the development and implementation of
consumer-responsive comprehensive statewide programs of
technology-related assistance to individuals with
disabilities; and
``(B) enhance the skills and competencies of individuals
involved in the provision of technology-related assistance,
including assistive technology devices and assistive
technology services, to individuals with disabilities.
``(3) Uses of funds.--An agency or organization that
receives a grant under paragraph (1) may use amounts made
available through the grant to--
``(A) pay for a portion of the cost of courses of training
or study related to technology-related assistance; and
``(B) establish and maintain scholarships related to such
courses of training or study, with such stipends and
allowances as the Secretary may determine to be appropriate.
``(4) Application.--
``(A) In general.--To be eligible to receive a grant under
this section, an agency or organization shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require.
``(B) Strategies.--At a minimum, any such application shall
include a detailed description of the strategies that the
agency or organization will use to recruit and train persons
to provide technology-related assistance, in order to--
``(i) increase the extent to which such persons reflect the
diverse populations of the United States; and
``(ii) increase the number of individuals with
disabilities, and individuals who are members of minority
groups, who are available to provide such assistance.
``(c) Grants to Historically Black Colleges.--In exercising
the authority granted in subsections (a) and (b), the
Secretary shall reserve an adequate amount for grants to
historically black colleges and universities and other
institutions of higher education whose minority student
enrollment is at least 50 percent.
``SEC. 212. TECHNOLOGY TRANSFER.
``The Secretary shall enter into an agreement with an
organization whose primary function is to promote technology
transfer from, and cooperation among, Federal laboratories
(as defined in section 4(6) of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3703(6))), under
which funds shall be provided to promote technology transfer
that will spur the development of assistive technology
devices.
``SEC. 213. DEVICE AND EQUIPMENT REDISTRIBUTION INFORMATION
SYSTEMS AND RECYCLING CENTERS.
``(a) In General.--The Secretary shall make grants to, or
enter into contracts or cooperative agreements with, public
agencies, private entities, or institutions of higher
education for the purpose of developing and establishing
recycling projects.
``(b) Project Activities.--Such recycling projects may
include--
``(1) a system for accepting, on an unconditional gift
basis, assistive technology devices, including a process for
valuing the devices and evaluating their use and potential;
``(2) a system for storing and caring for such devices;
``(3) an information system (including computer databases)
by which local educational agencies, rehabilitation entities,
local community-based organizations, independent living
centers, and other entities, would be informed, on a periodic
and timely basis, about the availability and nature of the
devices currently held; and
``(4) a system that makes such devices available to
consumers and the entities listed in paragraph (3), and
provides for tracking each device throughout the useful life
of the device.
``(c) Multiple Providers.--
``(1) In general.--With respect to activities funded under
this section, an agency, entity, or institution may utilize a
single service provider or may establish a system of service
providers.
``(2) Assurances.--If an agency, entity, or institution
uses multiple providers, the agency, entity, or institution
shall assure that--
``(A) all consumers within a State will receive equal
access to services, regardless of the geographic location or
socioeconomic status of the consumers; and
``(B) all activities of the providers will be coordinated
and monitored by the agency, entity, or institution.
``(d) Other Laws.--Nothing in this section shall affect the
provision of services or devices pursuant to title I of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.) or part B
of the Individuals with Disabilities Education Act (20 U.S.C.
1411 et seq.).
``(e) Existing Programs.--Public agencies, private
entities, or institutions of higher education that have
established recycling programs prior to receiving assistance
under this section may use funds made available under this
section to extend and strengthen such programs through
grants, contracts, or agreements under this section.
``SEC. 214. BUSINESS OPPORTUNITIES FOR INDIVIDUALS WITH
DISABILITIES.
``The Secretary may make grants to individuals with
disabilities to enable the individuals to establish or
operate commercial or other enterprises that develop or
market assistive technology devices or assistive technology
services.
``SEC. 215. PRODUCTS OF UNIVERSAL DESIGN.
``The Secretary may make grants to commercial or other
enterprises and institutions of higher education for the
research and development of products of universal design. In
awarding such grants, the Secretary shall give preference to
enterprises that are owned or operated by individuals with
disabilities.
``SEC. 216. GOVERNING STANDARDS FOR ACTIVITIES.
``Persons and entities that carry out activities pursuant
to this subtitle shall--
``(1) be held to the same consumer-responsive standards as
the persons and entities carrying out programs under title I;
``(2) make available to individuals with disabilities and
their family members, guardians, advocates, and authorized
representatives information concerning technology-related
assistance in a form that will allow such individuals with
disabilities to effectively use such information;
``(3) in preparing such information for dissemination,
consider the media-related needs of individuals with
disabilities who have sensory and cognitive limitations and
consider the use of auditory materials, including audio
cassettes, visual materials, including video cassettes and
video discs, and braille materials; and
``(4) coordinate their efforts with the consumer-responsive
comprehensive statewide program of technology-related
assistance for individuals with disabilities in any State in
which the activities are carried out.
``Subtitle C--Authorization of Appropriations
``SEC. 221. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
title $10,000,000 for fiscal year 1994, and such sums as may
be necessary for each of the fiscal years 1995 through
1998.''.
TITLE III--ALTERNATIVE FINANCING MECHANISMS
SEC. 301. ALTERNATIVE FINANCING MECHANISMS AUTHORIZED.
The Act (29 U.S.C. 2201 et seq.) is amended by adding at
the end the following:
``TITLE III--ALTERNATIVE FINANCING MECHANISMS
``SEC. 301. GENERAL AUTHORITY TO PROVIDE ALTERNATIVE
FINANCING MECHANISMS.
``(a) In General.--The Secretary shall award grants to
States to pay for the Federal share of the cost of the
establishment and administration of, or the expansion and
administration of, alternative financing mechanisms (referred
to individually in this title as an `alternative financing
mechanism') to allow individuals with disabilities and their
family members, guardians, and authorized representatives to
purchase assistive technology devices and assistive
technology services.
``(b) Mechanisms.--The alternative financing mechanisms may
include--
``(1) a low-interest loan fund;
``(2) a revolving fund;
``(3) a loan insurance program;
``(4) a partnership with private entities for the purchase,
lease, or other acquisition of assistive technology devices
or the provision of assistive technology services; and
``(5) other alternative financing mechanisms that meet the
requirements of this Act and are approved by the Secretary.
``(c) Construction.--Nothing in this section shall be
construed as affecting the authority of a State to establish
alternative financing mechanisms under title I.
``SEC. 302. APPLICATIONS AND PROCEDURES.
``(a) Eligibility.--States that receive or have received
grants under section 102 or 103 shall be eligible to compete
for grants under section 301.
``(b) Requirements.--The Secretary shall make grants under
section 301 under such conditions as the Secretary shall, by
regulation, determine, except that--
``(1) a State may receive only 1 grant under section 301
and may only receive such a grant for 1 year under this
title;
[[Page 74]]
``(2) a State that desires to receive a grant under section
301 shall submit an application to the Secretary, at such
time and in such manner as the Secretary may require,
containing--
``(A) an assurance that the State will provide at least 50
percent of the cost described in section 301(a), as set forth
in section 304, for the purpose of supporting the alternative
financing mechanisms that are covered by the grant;
``(B) an assurance that an alternative financing mechanism
will continue on a permanent basis; and
``(C) a description of the degree to which the alternative
financing mechanisms to be funded under section 301 will
expand and emphasize consumer choice and control;
``(3) a State that receives a grant under section 301--
``(A) shall enter into a contract, with a community-based
organization (or a consortia of such organizations) that has
individuals with disabilities involved at all organizational
levels, for the administration of the alternative financing
mechanisms that are supported under section 301; and
``(B) shall require that such community-based organization
enter into a contract, for the purpose of expanding
opportunities under section 301 and facilitating the
administration of the alternative financing mechanisms,
with--
``(i) commercial lending institutions or organizations; or
``(ii) State financing agencies; and
``(4) a contract between a State that receives a grant
under section 301 and a community-based organization
described in paragraph (3)--
``(A) shall include a provision regarding the
administration of the Federal and the non-Federal shares in a
manner consistent with the provisions of this title; and
``(B) shall include any provision required by the Secretary
dealing with oversight and evaluation as may be necessary to
protect the financial interests of the United States.
``SEC. 303. GRANT ADMINISTRATION REQUIREMENTS.
``A State that receives a grant under section 301, together
with any community-based organization that enters into a
contract with the State to administer an alternative
financing mechanism that is supported under section 301,
shall develop and submit to the Secretary, pursuant to a
timeline that the Secretary may establish or, if the
Secretary does not establish a timeline, within the 12-month
period beginning on the date that the State receives the
grant, the following policies or procedures for
administration of the mechanism:
``(1) A procedure to review and process in a timely fashion
requests for financial assistance for both immediate and
potential technology needs, including consideration of
methods to reduce paperwork and duplication of effort,
particularly relating to need, eligibility, and determination
of the specific device or service to be provided.
``(2) A policy and procedure to assure that access to the
alternative financing mechanism shall be given to consumers
regardless of type of disability, age, location of residence
in the State, or type of assistive technology device or
assistive technology service requested and shall be made
available to applicants of all income levels.
``(3) A procedure to assure consumer-controlled oversight.
``SEC. 304. FINANCIAL REQUIREMENTS.
``(a) Federal Share.--The Federal share of the costs
described in section 301(a) shall be not more than 50
percent.
``(b) Requirements.--A State that desires to receive a
grant under section 301 shall include in the application
submitted under section 302 assurances that the State will
meet the following requirements regarding funds supporting an
alternative funding mechanism assisted under section 301:
``(1) The State shall make available the funds necessary to
provide the non-Federal share of the costs described in
section 301(a), in cash, from State, local, or private
sources.
``(2) Funds that support an alternative financing mechanism
assisted under section 301--
``(A) shall be used to supplement and not supplant other
Federal, State, and local public funds expended to provide
public funding options; and
``(B) may only be distributed through the entity carrying
out the alternative financing mechanism as a payer of last
resort for assistance that is not available in a reasonable
or timely fashion from any other Federal, State, or local
source.
``(3) All funds that support an alternative financing
mechanism assisted under section 301, including funds repaid
during the life of the mechanism, shall be placed in a
permanent separate account and identified and accounted for
separately from any other fund. Funds within this account may
be invested in low-risk securities in which a regulated
insurance company may invest under the law of the State for
which the grant is provided and shall be administered with
the same judgment and care that a person of prudence,
discretion, and intelligence would exercise in the management
of the financial affairs of such person.
``(4) Funds comprised of the principal and interest from an
account described in paragraph (3) shall be available to
support an alternative financing mechanism assisted under
section 301. Any interest or investment income that accrues
on such funds after such funds have been placed under the
control of the entity administering the mechanism, but before
such funds are distributed for purposes of supporting the
mechanism, shall be the property of the entity administering
the mechanism and shall not be taken into account by any
officer or employee of the Federal Government for any
purpose.
``SEC. 305. AMOUNT OF GRANTS.
``(a) Amount.--
``(1) In general.--Except as provided in paragraph (2), a
grant under section 301 shall be for an amount that is not
more than $500,000.
``(2) Increases.--Such a grant may be increased by any
additional funds made available under subsection (b).
``(b) Excess Funds.--If funds appropriated under section
308 for a fiscal year exceed the amount necessary to fund the
activities described in acceptable applications submitted
under section 302 for such year, the Secretary shall make
such excess amount available, on a competitive basis, to
States receiving grants under section 301 for such year. A
State that desires to receive additional funds under this
subsection shall amend and resubmit to the Secretary the
application submitted under section 302. Such amended
application shall contain an assurance that the State will
provide an additional amount for the purpose of supporting
the alternative financing mechanisms covered by the grant
that is not less than the amount of any additional funds paid
to the State by the Secretary under this subsection.
``(c) Insufficient Funds.--If funds appropriated under
section 308 for a fiscal year are not sufficient to fund each
of the activities described in the acceptable applications
for such year, a State whose application was approved as
acceptable for such year but that did not receive a grant
under section 301, may update such application for the
succeeding fiscal year. Priority shall be given in such
succeeding fiscal year to such updated applications, if
acceptable.
``SEC. 306. TECHNICAL ASSISTANCE.
``(a) In General.--The Secretary shall provide information
and technical assistance to States under this title, and the
information and technical assistance shall include--
``(1) assisting States in the preparation of applications
for grants under section 301;
``(2) assisting States that receive such grants in
developing and implementing alternative financing mechanisms;
and
``(3) providing any other information and technical
assistance to assist States in accomplishing the objectives
of this title.
``(b) Grants, Contracts, and Agreements.--The Secretary
shall provide the information and technical assistance
described in subsection (a) through grants, contracts, or
cooperative agreements with public or private agencies and
organizations, including institutions of higher education,
with documented experience, expertise, and capacity to assist
States in the development and implementation of the
alternative financing mechanisms described in section 301.
``SEC. 307. ANNUAL REPORT.
``(a) In General.--Not later than December 31 of each year,
the Secretary shall submit a report to the Congress stating
whether each State program to provide alternative financing
mechanisms that was supported under section 301 during the
year is making significant progress in achieving the
objectives of this title.
``(b) Contents.--The report shall include information on--
``(1) the number of applications for grants under section
301 that were received by the Secretary;
``(2) the number of grants made and the amounts of such
grants;
``(3) the ratio of the amount of funds provided by each
State for a State program to provide alternative financing
mechanisms to the amount of Federal funds provided for such
program;
``(4) the type of program to provide alternative financing
mechanisms that was adopted in each State and the community-
based organization (or consortia of such organizations) with
which each State has entered into a contract; and
``(5) the amount of assistance given to consumers (who
shall be classified by age, type of disability, type of
assistive technology device or assistive technology service
received, geographic distribution within the State, gender,
and whether the consumers are part of an underrepresented
population or a rural population).
``SEC. 308. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated
to carry out this title $8,000,000 for fiscal year 1994, and
such sums as may be necessary for each of the fiscal years
1995 through 1998.
``(b) Availability in Succeeding Fiscal Year.--Amounts
appropriated under subsection (a) shall remain available for
obligation for the fiscal year immediately following the
fiscal year for which such amounts were appropriated.
``(c) Reservation.--Of the amounts appropriated under
subsection (a), the Secretary shall reserve $250,000 for the
purpose of providing information and technical assistance to
States under section 306.''.
TITLE IV--AMENDMENTS TO OTHER ACTS
SEC. 401. INDIVIDUALS WITH DISABILITIES EDUCATION ACT.
Section 631(a)(1) of the Individuals with Disabilities
Education Act (20 U.S.C. 1431(a)(1)) is amended--
(1) by striking ``, and'' at the end of subparagraph (D)
and inserting a comma;
[[Page 75]]
(2) by striking the period at the end of subparagraph (E)
and inserting ``, and''; and
(3) by adding at the end the following:
``(F) training in the use, applications, and benefits of
assistive technology devices and assistive technology
services (as defined in paragraphs (2) and (3) of section 3
of the Technology-Related Assistance for Individuals With
Disabilities Act of 1988 (29 U.S.C. 2202 (2) and (3))).''.
SEC. 402. REHABILITATION ACT OF 1973.
(a) National Institute on Disability and Rehabilitation
Research.--Section 202(b)(8) of the Rehabilitation Act of
1973 (29 U.S.C. 761a(b)(8)) is amended by striking
``characteristics of individuals with disabilities'' and
inserting ``characteristics of individuals with disabilities,
including information on individuals with disabilities who
live in rural or inner-city settings, with particular
attention given to underserved populations,''.
(b) Training.--Section 302(b)(1)(B) of the Rehabilitation
Act of 1973 (29 U.S.C. 771a(b)(1)(B)), as added by section
302(b) of Public Law 102-569 (106 Stat. 4412), is amended--
(1) by striking ``; and'' at the end of clause (ii) and
inserting a semicolon;
(2) by striking the period at the end of clause (iii) and
inserting ``; and''; and
(3) by adding at the end the following:
``(iv) projects to train personnel in the use,
applications, and benefits of assistive technology devices
and assistive technology services (as defined in paragraphs
(2) and (3) of section 3 of the Technology-Related Assistance
for Individuals With Disabilities Act of 1988 (29 U.S.C. 2202
(2) and (3))).''.
SEC. 403. ADMINISTRATIVE REQUIREMENTS UNDER THE HEAD START
ACT.
Section 644(f) of the Head Start Act (42 U.S.C. 9839(f)) is
amended--
(1) in paragraph (1)--
(A) by inserting ``, or to request approval of the purchase
(after December 31, 1986) of facilities,'' after ``to
purchase facilities''; and
(B) by adding at the end the following: ``The Secretary
shall suspend any proceedings pending against any Head Start
agency to claim costs incurred in purchasing such facilities
until the agency has been afforded an opportunity to apply
for approval of the purchase and the Secretary has determined
whether the purchase will be approved. The Secretary shall
not be required to repay claims previously satisfied by Head
Start agencies for costs incurred in the purchase of such
facilities.''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by inserting ``or that was
previously purchased'' before the semicolon;
(B) in subparagraph (C)--
(i) by inserting ``, or the previous purchase has
resulted,'' after ``purchase will result'' in clause (i); and
(ii) in clause (ii)--
(I) by inserting ``, or would have prevented,'' after
``will prevent''; and
(II) by striking ``and'' at the end;
(C) by redesignating subparagraph (D) as subparagraph (E);
and
(D) by inserting after subparagraph (C) the following:
``(D) in the case of a request regarding a previously
purchased facility, information demonstrating that the
facility will be used principally as a Head Start center, or
a direct support facility for a Head Start program; and''.
SEC. 404. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Assistive Technology Device.--Section 7(23) of the
Rehabilitation Act of 1973 (29 U.S.C. 706(23)), as added by
section 102(n) of Public Law 102-569 (106 Stat. 4350), is
amended--
(1) by striking ``3(1)'' and inserting ``3(2)''; and
(2) by striking ``2202(1)'' and inserting ``2202(2)''.
(b) Assistive Technology Service.--Section 7(24) of the
Rehabilitation Act of 1973 (29 U.S.C. 706(24)), as added by
section 102(n) of Public Law 102-569 (106 Stat. 4350), is
amended--
(1) by striking ``3(2)'' and inserting ``3(3)''; and
(2) by striking ``2202(2)'' and inserting ``2202(3)''.
TITLE V--EFFECTIVE DATE
SEC. 501. EFFECTIVE DATE.
(a) In General.--Except as otherwise specifically provided
in this Act, this Act and the amendments made by this Act
shall take effect on the date of the enactment of this Act.
(b) Compliance.--Each State receiving a grant under the
Technology-Related Assistance for Individuals With
Disabilities Act of 1988 shall comply with the amendments
made by this Act--
(1) as soon as practicable after the date of the enactment
of this Act, consistent with the effective and efficient
administration of the Technology-Related Assistance for
Individuals With Disabilities Act of 1988; but
(2) not later than--
(A) the next date on which the State receives an award
through a grant under section 102 or 103 of such Act; or
(B) October 1, 1994,
whichever is sooner.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. OWENS and Mr.
BALLENGER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said resolution?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said resolution was agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
Para. 7.7 irish-american heritage month
On motion of Ms. BYRNE, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the joint resolution of the Senate (S.J. Res. 119) to designate the
month of March 1994 as ``Irish-American Heritage Month''.
When said joint resolution was considered, read twice, ordered to be
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 7.8 recess--3:16 p.m.
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to clause 12 of rule
I, declared the House in recess at 3 o'clock and 16 minutes p.m.,
subject to the call of the Chair.
Para. 7.9 after recess--4:02 p.m.
The SPEAKER pro tempore, Mr. MONTGOMERY, called the House to order.
Para. 7.10 unfinished business--approval of the journal
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to clause 5, rule I,
announced the unfinished business to be the question on agreeing to the
Chair's approval of the Journal of Monday, February 7, 1994.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that the yeas had
it.
Mr. KOPETSKI objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
235
When there appeared
<3-line {>
Nays
147
Para. 7.11 [Roll No. 14]
YEAS--235
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
Deal
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Everett
Farr
Fazio
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Frank (MA)
Frost
Furse
Gephardt
Geren
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Greenwood
Hall (OH)
Hall (TX)
Hamilton
Harman
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Houghton
Hoyer
Hughes
Hutto
Hyde
Inglis
Inslee
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kasich
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lehman
Levin
Lewis (GA)
Lipinski
Livingston
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McInnis
McKinney
McNulty
Meek
Menendez
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Myers
Nadler
Natcher
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Orton
[[Page 76]]
Owens
Pallone
Pastor
Payne (VA)
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Poshard
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schumer
Scott
Serrano
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Tejeda
Thornton
Thurman
Torres
Towns
Traficant
Tucker
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Wilson
Woolsey
Wyden
Wynn
NAYS--147
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bentley
Bereuter
Bliley
Blute
Boehlert
Bonilla
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clay
Coble
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dreier
Duncan
Dunn
Ehlers
Emerson
Ewing
Fawell
Fowler
Franks (CT)
Franks (NJ)
Gallo
Gekas
Gilchrest
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hoekstra
Hoke
Horn
Huffington
Hutchinson
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kim
King
Klug
Knollenberg
Kolbe
Kreidler
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McKeon
McMillan
Meyers
Mica
Michel
Miller (CA)
Miller (FL)
Moorhead
Morella
Murphy
Nussle
Oxley
Packard
Paxon
Penny
Petri
Porter
Quillen
Quinn
Ramstad
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Roth
Royce
Santorum
Saxton
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--51
Bateman
Bilirakis
Boehner
Boucher
Brown (CA)
Bunning
Burton
de la Garza
DeFazio
Dornan
Fields (LA)
Fields (TX)
Ford (TN)
Gallegly
Gejdenson
Gibbons
Gutierrez
Hamburg
Hastings
Hayes
Hobson
Hunter
Jefferson
Kaptur
Kingston
Laughlin
Meehan
Mfume
Molinari
Neal (NC)
Parker
Payne (NJ)
Pelosi
Portman
Price (NC)
Pryce (OH)
Ridge
Ros-Lehtinen
Roukema
Schaefer
Sharp
Slattery
Smith (OR)
Talent
Thompson
Torricelli
Valentine
Washington
Williams
Wise
Yates
So the Journal was approved.
Para. 7.12 providing for the consideration of h.r. 811
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-419) the resolution (H. Res. 352) providing for the
consideration of the bill (H.R. 811) to reauthorize the independent
counsel law for an additional five years, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 7.13 subpoena
The SPEAKER pro tempore, Ms. JOHNSON of Texas, laid before the House a
communication, which was read as follows:
House of Representatives,
Washington, DC, January 28, 1994.
Hon. Thomas Foley,
Speaker of the House, Washington, DC.
Dear Thomas: This is to formally notify you pursuant to
Rule L (50) of the Rules of the House that I have been served
with a subpoena to give a witness deposition. The subpoena
was issued by the District Court of North Dakota, South
Central Judicial District in connection with a civil case.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
Earl Pomeroy,
Member of Congress.
Para. 7.14 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. BILIRAKIS, for today;
To Mrs. ROUKEMA, for today and February 9;
To Mr. WASHINGTON, for today; and
To Mr. FIELDS of Louisiana, for today.
And then,
Para. 7.15 adjournment
On motion of Mr. ISTOOK, pursuant to the special order agreed to on
February 7, 1994, at 8 o'clock and 41 minutes p.m., the House adjourned
until 12 o 'clock noon on Wednesday, February 9, 1994.
Para. 7.16 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. DERRICK: Committee on Rules. House Resolution 352.
Resolution providing for the consideration of the bill (H.R.
811) to reauthorize the independent counsel law for an
additional 5 years, and for other purposes (Rept. No. 103-
419). Referred to the House Calendar.
Para. 7.17 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. STUDDS (for himself and Mr. Torkildsen):
H.R. 3807. A bill to require the Secretary of Commerce to
convey to the Commonwealth of Massachusetts the National
Marine Fisheries Service laboratory located on Emerson Avenue
in Gloucester, MA; to the Committee on Merchant Marine and
Fisheries.
By Mr. MONTGOMERY:
H.R. 3808. A bill to amend title 38, United States Code, to
ensure that the Secretary of Veterans Affairs has the
necessary authority and flexibility to provide staffing
levels for the Veterans Health Administration of the
Department of Veterans Affairs as necessary to meet the
responsibility of the United States to provide health care
services to eligible veterans and to permit implementation of
national health care reform by the Department; to the
Committee on Veterans' Affairs.
By Mr. BROOKS:
H.R. 3809. A bill to revise, codify, and enact without
substantive change certain general and permanent laws,
related to aliens and nationality, as title 8, United States
Code, ``Aliens and Nationality''; to the Committee on the
Judiciary.
By Mr. CHAPMAN (for himself, Mr. Frost, Mr. Baesler,
Mr. Barlow, Mr. Boucher, Mr. Bereuter, Ms. Lambert,
Mr. Wilson, and Mr. Sarpalius):
H.R. 3810. A bill to amend the Federal Water Pollution
Control Act to provide additional assistance to rural and
disadvantaged communities under the State water pollution
control revolving loan fund program, and for other purposes;
to the Committee on Public Works and Transportation.
By Mr. BERMAN (for himself, Mr. McKeon, Mr. Beilenson,
Mr. Gallegly, Mr. Waxman, Mr. Moorhead, Mr. Matsui,
and Mr. Dixon):
H.R. 3811. A bill to amend the Internal Revenue Code of
1986 to allow the casualty loss deduction for disaster losses
without regard to the 10-percent adjusted gross income floor;
to the Committee on Ways and Means.
By Mr. FIELDS of Texas (for himself and Mr. Laughlin):
H.R. 3812. A bill to require immediate action to remove
sunken or grounded vessels that obstruct navigable waterways;
to the Committee on Public Works and Transportation.
By Mr. GEJDENSON (for himself, Mr. Studds, Ms. Furse,
Ms. Cantwell, Mr. Roth, and Mr. Meyers of Kansas):
H.R. 3813. A bill to amend the Export Enhancement Act of
1988 to promote further United States exports of
environmental technologies, goods, and services; to the
Committee on Foreign Affairs.
By Mr. GEKAS (for himself, Mr. Thomas of California,
and Mr. Roth):
H.R. 3814. A bill to amend title II of the Social Security
Act to institute certain reforms relating to the provision of
disability insurance benefits based on substance abuse and
relating to representative payees, and for other purposes; to
the Committee on Ways and Means.
By Mr. GILCHREST (for himself and Mrs. Bentley):
H.R. 3815. A bill to authorize the Secretary of
Transportation to convey a vessel in the National Defense
Reserve Fleet to a nonprofit organization; to the Committee
on Merchant Marine and Fisheries.
By Mrs. KENNELLY:
H.R. 3816. A bill to provide grants to the States to allow
States to employ additional prosecutors; to the Committee on
the Judiciary.
By Mr. MANTON (for himself, Mr. Studds, and Mr. Young
of Alaska):
H.R. 3817. A bill to amend the Fishermen's Protective Act;
to the Committee on Merchant Marine and Fisheries.
By Mr. PENNY:
H.R. 3818. A bill to establish a Middle East Development
Initiative to provide development assistance to countries in
the Middle
[[Page 77]]
East region for the purpose of promoting the peace process in
that region; to the Committee on Foreign Affairs.
By Mr. POMEROY (for himself, Mr. Williams, and Mr.
Peterson of Minnesota):
H.R. 3819. A bill to terminate the North American Free
Trade Agreement as it applies to Canada and the United
States-Canada Free-Trade Agreement and to impose additional
duties on grain imported from Canada, until the United States
and Canada renegotiate the provisions of the agreements
regarding the importation of Canadian grain; to the Committee
on Ways and Means.
By Mr. SMITH of Texas (for himself, Mr. Pickle, and Mr.
Montgomery):
H.R. 3820. A bill to require the Secretary of the Treasury
to mint coins in commemoration of the 50th anniversary of the
signing of the World War II peace accords on September 2,
1945; to the Committee on Banking, Finance and Urban Affairs.
By Mr. BACHUS of Alabama (for himself, and Mr. Ewing):
H. J. Res. 319. Joint resolution directing the Secretary of
Health and Human Services to propose to the Congress, not
later than May 18, 1994, possible solutions to the impending
deficit in the Federal Disability Insurance Trust Fund; to
the Committee on Ways and Means.
By Mr. BLUTE:
H.J. Res. 320. Joint resolution designating April 11, 1994,
as ``Persian Gulf War Veteran Recognition Day''; to the
Committee on Post Office and Civil Service.
By Mr. BURTON of Indiana:
H. Con. Res. 203. Concurrent resolution expressing the
sense of the Congress that information regarding the
conviction of child-related sex offenses should be available
to employers and for other purposes; jointly, to the
Committees on the Judiciary and Education and Labor.
By Mr. SOLOMON:
H. Con. Res. 204. Concurrent resolution to correct the
enrollment of H.R. 3759; jointly, to the Committees on House
Administration and Appropriations.
By Mr. OWENS:
H. Res. 351. Resolution to agree to the Senate amendment to
the bill (H.R. 2339) with an amendment; considered and agreed
to.
By Mr. CONYERS:
H. Res. 353. Resolution providing amounts from the
contingent fund of the House for expenses of investigations
and studies by the Committee on Government Operations in the
2d session of the 103d Congress; to the Committee on House
Administration.
Para. 7.18 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 101: Mr. Ridge.
H.R. 253: Mr. Jefferson.
H.R. 302: Mr. Shuster, Mr. Wilson, Mr. Brewster, Ms.
DeLauro, Mr. Klein, Mr. Hall of Ohio, and Mr. Levy.
H.R. 326: Mr. Waxman, Mr. Kleczka, Mr. Swift, and Mr. Hall
of Ohio.
H.R. 393: Mrs. Kennelly.
H.R. 417: Mr. Fields of Louisiana.
H.R. 441: Mr. Kildee.
H.R. 543: Mr. Horn.
H.R. 702: Mr. Swett and Mr. Schaefer.
H.R. 799: Mr. Sundquist.
H.R. 846: Mr. McCollum, Mr. Levy, Mr. Farr, Ms. Margolies-
Mezvinsky, Mr. Franks of Connecticut, Mr. Greenwood, Ms.
Pelosi, Mr. Pallone, Mr. Zeliff, and Mr. Sangmeister.
H.R. 911: Mr. Hall of Texas.
H.R. 972: Mr. Ackerman.
H.R. 1015: Mrs. Morella.
H.R. 1055: Mr. Price of North Carolina, Ms. Lowey, Mr.
Rangel, and Mr. Schiff.
H.R. 1088: Mr. Taylor of North Carolina.
H.R. 1392: Mr. Bartlett of Maryland.
H.R. 1407: Mr. Fish.
H.R. 1414: Mr. Solomon.
H.R. 1421: Mr. Lipinski.
H.R. 1474: Mr. Stenholm.
H.R. 1500: Mr. Studds, Mr. Moran, and Mrs. Morella.
H.R. 1529: Mr. Portman.
H.R. 1532: Mr. Baker of Louisiana, Mr. Blute, Mr.
Lancaster, Mr. Brown of California, Ms. Norton, Mr. Bartlett
of Maryland, Mr. Gordon, and Mr. Richardson.
H.R. 1555: Mr. Shays and Mrs. Maloney.
H.R. 1563: Ms. Byrne.
H.R. 1600: Mr. Bateman, Mr. Bachus of Alabama, Mr. Engel,
Mr. Brown of Ohio, and Mr. McInnis.
H.R. 1605: Mr. Franks of New Jersey and Mr. Armey.
H.R. 1606: Mr. Armey.
H.R. 1607: Mr. Bartlett of Maryland, Mr. Kildee, and Mr.
Hoyer.
H.R. 1620: Mr. Goss.
H.R. 1621: Mr. Bartlett of Maryland, Mr. Kildee, Mrs.
Maloney, Mr. McInnis, and Mr. Wheat.
H.R. 1673: Ms. Slaughter, Mr. Kildee, and Mrs. Maloney.
H.R. 1747: Mr. Barca of Wisconsin.
H.R. 1785: Mr. Paxon and Mr. Allard.
H.R. 1843: Mr. McCandless.
H.R. 1887: Mr. Goodlatte and Mr. Duncan.
H.R. 1961: Ms. Schenk.
H.R. 2022: Mr. Lewis of Georgia.
H.R. 2221: Mr. Bachus of Alabama and Mr. Parker.
H.R. 2241: Mr. Shays.
H.R. 2286: Mr. Dixon and Mr. Johnson of Georgia.
H.R. 2396: Mr. Parker and Mrs. Maloney.
H.R. 2447: Mr. Gene Green of Texas, Mr. Stark, Mr. Hamburg,
Mrs. Johnson of Connecticut, and Ms. Woolsey.
H.R. 2464: Mrs. Schroeder.
H.R. 2623: Mr. Rogers, Mr. Zimmer, Mr. Sundquist, Mr.
Chapman, Mr. Taylor of North Carolina, Mr. Hyde, Mr. Evans,
Mr. Valentine, Mr. Kim, and Mr. Peterson of Minnesota.
H.R. 2749: Mr. Traficant.
H.R. 2759: Mr. Cox, Mr. Kopetski, Ms. Schenk, Mrs. Fowler,
Mr. Gingrich, Mr. Swett, and Ms. Cantwell.
H.R. 2918: Mr. Gilchrest and Mr. Shays.
H.R. 2957: Mr. McCrery, Mr. Bishop, and Mrs. Lloyd.
H.R. 3007: Mr. Menendez.
H.R. 3017: Mrs. Vucanovich and Mr. Ford of Michigan.
H.R. 3021: Mr. Torricelli.
H.R. 3030: Mr. Bachus of Alabama and Mr. Hutchinson.
H.R. 3031: Mr. Bachus of Alabama, Mr. Goss, Mr. Upton, Mr.
Hutchinson, Mr. Grams, and Mr. Inhofe.
H.R. 3080: Mr. Ridge.
H.R. 3100: Mr. Dellums, Ms. Pelosi, Mr. Scott, Mr. Hinchey,
and Mr. Hamburg.
H.R. 3109: Mr. Hughes and Mr. Zimmer.
H.R. 3128: Mr. Fingerhut and Mr. Nadler.
H.R. 3173: Mr. Cramer.
H.R. 3234: Mr. Flake, Mr. Romero-Barcelo, and Mr. Serrano.
H.R. 3246: Mr. Orton and Mr. Stupak.
H.R. 3320: Mr. Duncan, Mr. Parker, Mr. Packard, and Mr.
Young of Alaska.
H.R. 3328: Mr. Hancock, Mr. Conyers, Mr. Fingerhut, Mr.
Stearns, and Ms. Shepherd.
H.R. 3370: Ms. Eddie Bernice Johnson of Texas.
H.R. 3392: Mr. Kreidler and Mr. Knollenberg.
H.R. 3424: Mr. Hall of Texas, Mr. Montgomery, Mr. Bilbray,
Mrs. Vucanovich, and Mr. Fingerhut.
H.R. 3490: Mr. Neal of North Carolina.
H.R. 3513: Mr. Brown of Ohio, Mr. Costello, Mr. Dornan, and
Ms. Danner.
H.R. 3527: Mr. Studds, Mr. Woolsey, Mr. Lewis of Georgia,
Mrs. Clayton, Mr. Abercrombie, and Mr. Rangel.
H.R. 3542: Mr. Abercrombie.
H.R. 3546: Mr. Valentine and Mr. Manzullo.
H.R. 3573: Mr. Spratt.
H.R. 3633: Mr. Ballenger, Mr. Baker of California, Mr.
Camp, Mr. Hobson, Mr. Inglis of South Carolina, Mr. Stump,
Mr. Zeliff, Mr. Boehner, Mr. Smith of Michigan, Mr. Dornan,
and Mr. Barton of Texas.
H.R. 3645: Mr. Lightfoot.
H.R. 3706: Mr. Coleman, Mr. Hinchey, Mr. Ravenel, and Mr.
Serrano.
H.R. 3727: Mr. Gordon.
H.R. 3757: Mr. Penny, Mr. Sabo, Mr. Wheat, Mr. Frost, and
Mr. Combest.
H.R. 3785: Mr. Glickman.
H.R. 3789: Mr. Dornan.
H.R. 3790: Mr. McDade, Mr. McCloskey, and Ms. Danner.
H.R. 3799: Mr. Berman.
H.R. 3802: Mr. Coppersmith and Mr. Duncan.
H.J. Res. 122: Mr. Hoyer.
H.J. Res. 276: Mr. Doolittle, Mr. Lewis of Georgia, Mr.
Conyers, Mr. McCollum, Mrs. Meyers of Kansas, Mr. Neal of
Massachusetts, Mrs. Mink, Mr. Serrano, Mr. Natcher, Mr.
Borski, Mr. Murphy, Mr. Murtha, Mr. Towns, and Mr. Franks of
Connecticut.
H.J. Res. 291: Ms. Snowe, Mr. Underwood, Mr. Evans, Mr.
Hughes, Mr. Clement, Mr. Boehlert, Mr. Quillen, Mr. Martinez,
Mr. Roth, Mr. Emerson, Mr. Frost, Mr. Neal of North Carolina,
Mr. Bateman, Mr. Boucher, Mr. Jefferson, Mr. Romero-Barcelo,
and Mr. Baesler.
H. Con. Res. 3: Mr. McCollum, Mr. Dornan, Mr. Stearns, Mr.
Hutchinson, Mr. Oberstar, and Mr. Stupak.
H. Con. Res. 122: Mr. Fields of Texas, Mr. Diaz-Balart, and
Mr. Porter.
H. Con. Res. 147: Mr. Hoekstra, Mr. Bachus of Alabama, and
Mr. Poshard.
H. Con. Res. 166: Mr. Sensenbrenner.
H. Res. 238: Mr. Armey, Mr. Bliley, Mr. Gingrich, Mr. Hoke,
Mr. Knollenberg, Mr. Linder, Mr. McKeon, Mr. Walker, Mr.
Smith of New Jersey, and Mr. Rohrabacher.
H. Res. 330: Mr. Linder.
H. Res. 343: Mr. Quinn, Mr. McCurdy, Mr. Machtley, Mrs.
Maloney, Mr. Beilenson, Mr. Ramstad, Mr. Johnson of Georgia,
Ms. Margolies-Mezvinsky, Mr. Frank of Massachusetts, Mr.
Borski, Ms. Harman, Mr. Linder, Mr. Franks of New Jersey, Mr.
Rohrabacher, and Mr. McDade.
.
WEDNESDAY, FEBRUARY 9, 1994 (8)
The House was called to order by the SPEAKER.
Para. 8.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Tuesday, February 8, 1994.
Mr. DERRICK, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Mr. DERRICK objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
[[Page 78]]
Yeas
246
When there appeared
<3-line {>
Nays
151
Para. 8.2 [Roll No. 15]
YEAS--246
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Baesler
Barca
Barlow
Barrett (WI)
Bateman
Beilenson
Berman
Bevill
Bilbray
Bishop
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Chapman
Clayton
Clement
Clyburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
Deal
DeFazio
DeLauro
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Frost
Furse
Gejdenson
Gephardt
Geren
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Greenwood
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hayes
Hefner
Hilliard
Hinchey
Hochbrueckner
Holden
Houghton
Hughes
Hutto
Hyde
Inglis
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kingston
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lehman
Levin
Lewis (GA)
Lipinski
Livingston
Long
Lowey
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCollum
McCurdy
McDermott
McHale
McInnis
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Myers
Nadler
Natcher
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Poshard
Price (NC)
Rahall
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Schenk
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (NJ)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Whitten
Wilson
Wise
Woolsey
Wyden
Yates
NAYS--151
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bentley
Bereuter
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clay
Clinger
Coble
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dreier
Duncan
Dunn
Ehlers
Emerson
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Hunter
Hutchinson
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kim
King
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Machtley
McCandless
McCrery
McDade
McHugh
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Murphy
Nussle
Oxley
Packard
Paxon
Petri
Porter
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Ros-Lehtinen
Roth
Royce
Saxton
Schaefer
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--36
Bacchus (FL)
Barcia
Becerra
Bilirakis
Blackwell
Brown (CA)
Burton
Carr
Conyers
de la Garza
Dellums
Dornan
Ford (MI)
Ford (TN)
Frank (MA)
Gibbons
Hastings
Hoagland
Hoyer
Huffington
Laughlin
Lloyd
McMillan
Neal (NC)
Pelosi
Portman
Rangel
Rohrabacher
Roukema
Sabo
Smith (IA)
Unsoeld
Washington
Wheat
Williams
Wynn
So the Journal was approved.
Para. 8.3 communication
2557. Under clause 2 of rule XXIV, a communication from the President
of the United States, transmitting the annual report on science,
technology and American diplomacy for fiscal year 1993, pursuant to 22
U.S.C. 2656c(b), was taken from the Speaker's table and referred to the
Committee on Foreign Affairs.
Para. 8.4 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
Para. 8.5 providing for the consideration of h.r. 811
Mr. DERRICK, by direction of the Committee on Rules, called up the
following resolution (H. Res. 352):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 811) to reauthorize the independent counsel
law for an additional five years, and for other purposes. The
first reading of the bill shall be dispensed with. Points of
order against consideration of the bill for failure to comply
with section 302(f) of the Congressional Budget Act of 1974
are waived. General debate shall be confined to the bill and
the amendments made in order by this resolution and shall not
exceed one hour equally divided and controlled by the
chairman and ranking minority member of the Committee on the
Judiciary. After general debate the bill shall be considered
for amendment under the five-minute rule. It shall be in
order to consider as an original bill for the purpose of
amendment under the five-minute rule the amendment in the
nature of a substitute recommended by the Committee on the
Judiciary now printed in the bill. The committee amendment in
the nature of a substitute shall be considered as read.
Points of order against the committee amendment in the nature
of a substitute for failure to comply with section 302(f) of
the Congressional Budget Act of 1974 or clause 5(a) of rule
XXI are waived. No amendment to the committee amendment in
the nature of a substitute shall be in order except those
printed in the report of the Committee on Rules accompanying
this resolution. Each amendment may be offered only in the
order printed in the report, may be offered only by a Member
designated in the report, shall be considered as read, shall
be debatable for the time specified in the report equally
divided and controlled by the proponent and an opponent,
shall not be subject to amendment except as specified in the
report, and shall not be subject to a demand for division of
the question in the House or in the Committee of the Whole.
All points of order against the amendments printed in the
report are waived. At the conclusion of consideration of the
bill for amendment the Committee shall rise and report the
bill to the House with such amendments as may have been
adopted. Any Member may demand a separate vote in the House
on any amendment adopted in the Committee of the Whole to the
bill or to the committee amendment in the nature of a
substitute. The previous question shall be considered as
ordered on the bill and amendments thereto to final passage
without intervening motion except one motion to recommit with
or without instructions. After passage of H.R. 811, is shall
be in order to take from the Speaker's table the bill S. 24
and to consider the Senate bill in the House. All points of
order against the Senate bill and against its consideration
are waived. It shall be in order to move to strike all after
the enacting clause of the Senate bill and to insert in lieu
thereof the provisions of H.R. 811 as passed by the House.
All points of order against that motion are waived. If the
motion is adopted and the Senate bill, as amended, is passed,
then it shall be in order to move that the House insist on
its amendments to S. 24 and request a conference with the
Senate thereon.
When said resolution was considered.
After debate,
Mr. DERRICK moved the previous question on the resolution to its
adoption or rejection.
The question being put, viva voce,
Will the House now order the previous question?
The SPEAKER pro tempore, Mr. LaROCCO, announced that the yeas had it.
Mr. GOSS objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
[[Page 79]]
Yeas
249
When there appeared
<3-line {>
Nays
174
Para. 8.6 [Roll No. 16]
YEAS--249
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Natcher
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--174
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--10
Bilirakis
de la Garza
Ford (TN)
Hastings
Huffington
Laughlin
Neal (NC)
Rangel
Roukema
Washington
So the previous question on the resolution was ordered.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. LaROCCO, announced that the nays had it.
Mr. DERRICK demanded a recorded vote on agreeing to said resolution,
which demand was supported by one-fifth of a quorum, so a recorded vote
was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
242
<3-line {>
affirmative
Nays
174
Para. 8.7 [Roll No. 17]
AYES--242
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Nadler
Natcher
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wise
Woolsey
Wyden
Wynn
Yates
NOES--174
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cooper
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hancock
Hansen
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Hunter
Hutchinson
Inglis
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Machtley
Manzullo
McCandless
McCollum
McCrery
[[Page 80]]
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wilson
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--17
Becerra
Bilirakis
de la Garza
Durbin
Ford (MI)
Ford (TN)
Hastert
Hastings
Huffington
Hyde
Laughlin
Murtha
Neal (NC)
Rangel
Roukema
Velazquez
Washington
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 8.8 message from the president--science and engineering indicators
The SPEAKER pro tempore, Mr. LaROCCO, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
Pursuant to 42 U.S.C. 1863(j)(1), I am pleased to submit to the
Congress a report of the National Science Board entitled Science and
Engineering Indicators--1993. This reports the 11th in a series
examining key aspects of the status of American science and engineering.
The science and technology enterprise is key to the future of our
Nation. The United States must sustain world leadership in science,
mathematics, and engineering if we are to meet the challenges of today
and tomorrow.
I commend Science and Engineering Indicators--1993 to the attention of
the Congress and those in the scientific and technological endeavor.
William J. Clinton.
The White House, February 9, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Science, Space, and Technology.
Para. 8.9 independent counsel reauthorization
The SPEAKER pro tempore, Mr. LaROCCO, pursuant to House Resolution 352
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 811) to reauthorize the independent counsel law for an additional
5 years, and for other purposes.
The SPEAKER pro tempore, Mr. LaROCCO, by unanimous consent, designated
Mr. TORRICELLI as Chairman of the Committee of the Whole; and after some
time spent therein,
The SPEAKER pro tempore, Mr. BARCA, assumed the Chair.
When Mr. TORRICELLI, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
Para. 8.10 order of business--consideration of h. res. 343
On motion of Mr. LANTOS, by unanimous consent,
Ordered, That it may be in order on Thursday, February 10, 1994, to
consider the resolution (H. Res. 343) to express the sense of the House
of Representatives condemning the racist, anti-Catholic, and anti-
Semitic speech given by a senior representative of the Nation of Islam
and all manifestations and expression of hatred based on race, religion,
and ethnicity, in the House, and that the previous question be
considered as ordered on the resolution to its adoption without
intervening motion or demand for division of the question.
Para. 8.11 hour of meeting
On motion of Mr. LANTOS, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 10
o'clock a.m. on Thursday, February 10, 1994.
Para. 8.12 waiver of rules requirement
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-421) the resolution (H. Res. 356) waiving a requirement of
clause 4(b) of rule XI with respect to consideration of a certain
resolution reported from the Committee on Rules.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 8.13 providing for the consideration of h.r. 3345
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-422) the resolution (H. Res. 357) providing for the
consideration of the bill (H.R. 3345) to amend title 5, United States
Code, to eliminate certain restrictions on employee training; to provide
temporary authority to agencies relating to voluntary separation
incentive payments; and for other purposses.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 8.14 bills presented to the president
Mr. ROSE, from the Committee on House Administration, reported that
that committee did on the following date present to the President, for
his approval, bills of the House of the following titles:
On February 8, 1994:
H.R. 1303. An Act to designate the Federal Building and
United States Courthouse located at 402 East State Street in
Trenton, New Jersey, as the ``Clarkson S. Fisher Federal
Building and United States Courthouse.''
H.R. 2223. An Act to designate the Federal building located
at 528 Griffin Street in Dallas, Texas, as the ``A. Maceo
Smith Federal Building.''
H.R. 2555. An Act to designate the Federal building located
at 100 East Fifth Street in Cincinnati, Ohio as the ``Potter
Steward United States Courthouse.''
H.R. 3186. An Act to designate the United States courthouse
located in Houma, Louisiana, as the ``George Arceneaux, Jr.,
United States Courthouse.''
H.R. 3356. To designate the United States courthouse under
construction at 611 Broad Street, in Lake Charles, Louisiana,
as the ``Edwin Ford Hunter, Jr., United States Courthouse.''
Para. 8.15 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. HASTERT, from 2:30 p.m. today and balance of the week; and
To Mr. BILIRAKIS, for today.
Para. 8.16 adjournment
On motion of Mr. MOAKLEY, pursuant to the special order heretofore
agreed to, at 7 o'clock and 22 minutes p.m., the House adjourned until
10 o'clock a.m., on Thursday, February 10, 1994.
Para. 8.17 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. STUDDS: Committee on Merchant Marine and Fisheries.
H.R. 2547. A bill to improve the economy of the United States
and promote the national security interests of the United
States by establishing a National Shipbuilding Initiative to
provide support for the U.S. shipbuilding industry in order
to assist that industry in regaining a significant share of
the world commercial shipbuilding market, and for other
purposes; with an amendment (Rept. No. 103-420, Pt. 1).
Ordered to be printed.
Mr. BEILENSON: Committee on Rules. House Resolution 356.
Resolution waiving a requirement of clause 4(b) of rule XI
with respect to consideration of a certain resolution
reported from the Committee on Rules (Rept. No. 103-421).
Referred to the House Calendar.
Mr. MOAKLEY: Committee on Rules. House Resolution 357.
Resolution providing for consideration of the bill (H.R.
3345) to amend title 5, United States Code, to eliminate
certain restrictions on employee training; to provide
temporary authority to agencies relating to voluntary
separation incentive payments; and for other purposes (Rept.
No. 103-422). Referred to the House Calendar.
Para. 8.18 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mrs. UNSOELD (for herself, Mr. Studds, Mr. Lipinski,
Mr. Dicks, Ms. Cantwell, Ms. Dunn, Mr. Kreidler, Mr.
Swift, Mr. Manton, Mr. Borski, Mr. Hoyer, Mr.
Cunningham, and Mr. Johnson of South Dakota):
H.R. 3821. A bill to promote construction and operation of
passenger vessels in the United States, and for other
purposes; jointly, to the Committees on Merchant Marine and
Fisheries and Natural Resources.
H.R. 3822. A bill to amend the Merchant Marine Act, 1936,
and the Internal Revenue Code of 1986 to promote construction
and op-
[[Page 81]]
eration of passenger vessels in the United States, and for
other purposes; jointly, to the Committees on Merchant Marine
and Fisheries and Ways and Means.
By Mr. BARCA of Wisconsin (for himself, Mr. Barcia of
Michigan, and Mr. Barrett of Wisconsin):
H.R. 3823. A bill to provide for the establishment of a
uniform standard of need under the program of aid to families
with dependent children; to the Committee on Ways and Means.
By Mr. BOUCHER:
H.R. 3824. A bill to amend the Agricultural Adjustment Act
of 1938 to revise the reserve stock level for burley tobacco,
to increase the amount of scrap tobacco permitted to be
marketed, and to authorize the lease and transfer of burley
tobacco quotas between farms in adjacent counties in the
State of Virginia under certain circumstances; to the
Committee on Agriculture.
By Mr. de LUGO:
H.R. 3825. A bill to amend the Revised Organic Act of the
Virgin Islands to authorize the legislature of the Virgin
Islands to create municipal governments; to the Committee on
Natural Resources.
By Mr. GEJDENSON:
H.R. 3826. A bill to amend title III of the Job Training
Partnership Act to provide employment and training assistance
for certain individuals who work at or live in the community
of a plant, facility, or enterprise that is scheduled to
close or undergo significant layoffs, and for other purposes;
to the Committee on Education and Labor.
By Ms. HARMAN (for herself, Mr. Bateman, Mr. Berman,
Mr. Evans, Mr. Levy, and Ms. Schenk):
H.R. 3827. A bill to amend title 18, United States Code, to
deny convicted felons and other individuals the opportunity
to seek administrative relief from prohibitions against
possessing, shipping, transporting, or receiving firearms or
ammunition, and to eliminate the authority of the Federal
courts to admit additional evidence in reviewing denials of
such administrative relief for other persons; to the
Committee on the Judiciary.
By Mr. HEFLEY:
H.R. 3828. A bill to amend the Internal Revenue Code of
1986 to allow employers the targeted jobs credit for hiring
individuals who have received, or were eligible to receive,
unemployment compensation covering at least 90 days; to the
Committee on Ways and Means.
By Mrs. MINK of Hawaii:
H.R. 3829. A bill to require the Secretary of Agriculture
to make emergency crop loss assistance available to
agricultural producers to cover production losses incurred in
the 1992 through 1995 crop years as a result of the
destruction of papaya, banana, and other fruit-bearing trees
by Hurricanes Andrew and Iniki and Typhoon Omar; to the
Committee on Agriculture.
By Mr. PETERSON of Florida (for himself, Mrs.
Schroeder, Mr. Bishop, Mrs. Fowler, Mr. Jefferson,
Mrs. Thurman, and Mrs. Unsoeld):
H.R. 3830. A bill to amend title 5, United States Code, to
provide that five additional points be granted, on the
examination for entrance into the competitive service, to
certain veterans who do not currently qualify for any such
additional points; to the Committee on Post Office and Civil
Service.
By Mr. ROMERO-BARCELO (for himself, Mr. de Lugo, Mr.
Gallegly, Mr. Murphy, Mr. Underwood, and Mr.
Faleomavaega):
H.R. 3831. A bill to authorize and direct the transfer of
certain lands on the Island of Vieques, PR, to the
Municipality of Vieques, and for other purposes; jointly, to
the Committees on Armed Services and Natural Resources.
By Mr. SENSENBRENNER (by request):
H.R. 3832. A bill to amend the Internal Revenue Code of
1986 to allow certain corporations and certain trusts to be
shareholders of subchapter S corporations; to the Committee
on Ways and Means.
By Mr. SMITH of Oregon:
H.R. 3833. A bill to provide for the expeditious start of
emergency repair work on the Crooked River Project, Ochoco
Dam, OR; to the Committee on Natural Resources.
By Mr. TRAFICANT:
H.R. 3834. A bill to amend the independent counsel
provisions of title 28, United States Code, to authorize the
appointment of an independent counsel when the Attorney
General determines that Department of Justice attorneys have
engaged in certain conduct; to the Committee on the
Judiciary.
By Mr. HOEKSTRA (for himself, Mrs. Fowler, Ms.
Shepherd, Mr. Fingerhut and Mr. Torkildsen):
H.R. 3835. A bill to establish a national advisory
referendum on limiting the terms of Members of Congress at
the general election of 1994; to the Committee on House
Administration.
By Mr. SANTORUM (for himself, Mr. Camp, Mr. Grandy, and
Mr. Sundquist):
H.R. 3836. A bill to amend the Fair Debt Collection
Practices Act to exempt from the requirements of the act
Government agencies, attorneys, and private child support
enforcement agencies who are engaged in the collection of
child support due under a court order, and for other
purposes; to the Committee on Banking, Finance and Urban
Affairs.
By Mr. ZIMMER:
H.J. Res. 321. Joint resolution proposing an amendment to
the Constitution of the United States allowing an item veto
in appropriations bills and an item veto of contract
authority or taxation changes in any other bill; to the
Committee on the Judiciary.
By Mr. GALLO (for himself, Mr. Solomon, Mr. Santorum,
Mr. Canady, Mr. Armey, Mr. Machtley, Mr. Quinn, and
Mr. Hastert):
H. Res. 354. Resolution amending the rules of the House of
Representatives to require that committee reports
accompanying authorization and revenue bills include
employment impact statements prepared by the Director of the
Congressional Budget Office; to the Committee on Rules.
By Mr. TUCKER (for himself, Mr. Lehman, Mr. Thomas of
California, Mr. Valentine, Mr. Wynn, Mr. Lewis of
Georgia, Mr. Watt, and Ms. Roybal-Allard):
H. Res. 355. Resolution expressing the sense of the House
of Representatives that the people of the United States
should be encouraged to practice random acts of kindness; to
the Committee on the Judiciary.
Para. 8.19 private bills and resolutions
Under clause 1 of rule XXII,
Mr. VOLKMER introduced a bill (H.R. 3837) for the relief of
Ulrike Sanders; which was referred to the Committee on the
Judiciary.
Para. 8.20 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 163: Mr. Franks of New Jersey.
H.R. 306: Mr. Parker.
H.R. 494: Mr. Skelton and Mr. Kim.
H.R. 520: Mr. Neal of Massachusetts.
H.R. 543: Mr. Cox.
H.R. 546: Mr. Sanders, Mr. Kanjorski, and Mr. Swett.
H.R. 737: Mr. Engel.
H.R. 762: Mr. Engel.
H.R. 773: Mr. Engel, Mr. Minge, Mr. Hoekstra, and Mr.
Penny.
H.R. 786: Mr. Bereuter.
H.R. 885: Mr. Zimmer, Mr. Dornan, Mr. Poshard, Mr.
Huffington, Mr. Ramstad, Mr. Taylor of Mississippi, and Mr.
Cox.
H.R. 959: Mr. Olver.
H.R. 1048: Mr. Packard and Mr. Sarpalius.
H.R. 1055: Mr. Lewis of Florida.
H.R. 1078: Mr. Sarpalius.
H.R. 1080: Mr. Sarpalius.
H.R. 1082: Mr. Sarpalius.
H.R. 1099: Mr. Paxon.
H.R. 1126: Mr. Franks of New Jersey.
H.R. 1181: Mr. Moran, Mr. Dickey, and Mr. Gingrich.
H.R. 1182: Mr. Parker.
H.R. 1206: Mr. Engel.
H.R. 1322: Mr. Clinger, Mr. Gingrich, and Mr. Paxon.
H.R. 1417: Ms. Eddie Bernice Johnson of Texas, Mr. Bonior,
Mr. Jefferson, and Mr. Lewis of Georgia.
H.R. 1583: Ms. Pryce of Ohio, Mr. Valentine, Mr. Bacchus of
Florida, Mr. Shays, Mr. Bartlett of Maryland, Mr. DeLay, Mr.
Blute, Mr. Hutte, and Mr. Frank of Massachusetts.
H.R. 1671: Mr. Smith of Iowa.
H.R. 1687: Mr. Derrick.
H.R. 1709: Mr. Zimmer, Mr. Torricelli, Mr. Taylor of North
Carolina, Mr. Hoke, Mr. Franks of New Jersey, Mr. Gene Green
of Texas, and Mr. Bishop.
H.R. 1801: Mr. Rangel.
H.R. 1815: Mr. Parker.
H.R. 1886: Mr. Price of North Carolina, Mr. Ackerman, and
Mr. Coyne.
H.R. 1897: Ms. Brown of Florida.
H.R. 1900: Mr. Barlow.
H.R. 1906: Mr. Jacobs.
H.R. 2135: Mr. Rangel, Mr. Solomon, and Mr. Parker.
H.R. 2159: Ms. Slaughter.
H.R. 2258: Mr. Frank of Massachusetts, Mrs. Morella, Mr.
Foglietta, Mr. Faleomavaega, Mr. Mineta.
H.R. 2354: Mr. Herger and Mr. Zimmer.
H.R. 2417: Mr. Jacobs.
H.R. 2444: Mr. Knollenberg, Mr. Gingrich, and Mr. Nadler.
H.R. 2467: Mr. Dornan, Mr. Fazio, Mr. Goodling, Mr.
Hamburg, Mr. Holden, Mr. Horn, Mr. Hughes, Mr. Inhofe, Mr.
LaRocco, Mr. Lewis of California, Mr. McDade, Ms. Margolies-
Mezvinsky, Mr. Quillen, and Mr. Whitten.
H.R. 2571: Mr. Andrews of Maine, Mr. Engel, Mr. Cramer, Mr.
Olver, Mr. Wynn, Ms. Long, and Mr. Boucher.
H.R. 2641: Ms. Slaughter, Mr. Lantos, and Mr. Kreidler.
H.R. 2670: Mr. Dingell, Mr. Quillen, Mr. Towns, Mr.
DeFazio, Mr. Kopetski, Mrs. Unsoeld, Mr. Filner, Mr.
Kreidler, Mr. Durbin, Mr. Fields of Texas, Mrs. Bentley, Mr.
Manton, Mr. Evans, Mr. McCloskey, Mr. LaRocca, Mr. Johnston
of Florida, and Ms. Slaughter.
H.R. 2671: Mr. Gilman.
H.R. 2745: Mr. Neal of North Carolina, and Mr. Camp.
H.R. 2897: Mr. Crane and Mr. Brewster.
H.R. 2898: Mr. Coleman and Mr. Serrano.
H.R. 2939: Mr. Scott.
H.R. 3024: Mr. Bachus of Alabama.
H.R. 3088: Mr. Shays, Mr. Ackerman, Mr. Bryant, and Mr.
Abercrombie.
H.R. 3122: Mr. Parker.
H.R. 3227: Mr. Whitten, Mr. Ballenger, Mr. Hutchinson, Mr.
Moran, and Mr. Rahall
H.R. 3293: Mr. Kopetski.
H.R. 3337: Mr. Edwards of California, Mr. Miller of
California, Mr. Yates, Mr. Mann, Ms. Eddie Bernice Johnson of
Texas, Mr. Clay, Mr. Moran, and Mr. Lewis of Georgia.
H.R. 3386: Mr. Moran, Mr. Skeen, Mr. Clinger, Mr. Clyburn,
Mrs. Fowler, Mr.
[[Page 82]]
Petri, Mr. Brown of Ohio, Mr. Thomas of Wyoming, Ms Kaptur,
Mr. Gallo, and Mr. Hastert.
H.R. 3435: Mrs. Clayton.
H.R. 3513: Mr. Evans, and Mr. Yates.
H.R. 3538: Mrs. Unsoeld, Mr. Oberstar, Mr. Waxman, Ms.
Furse, Mr. McCloskey, Mr. Evans, Mr. McDermott, Mr. Rahall,
Ms. Woolsey, and Ms. Shepherd.
H.R. 3545: Mr. Shays, Mr. Skeen, Mr. Walker, Mr. Ramstad,
Mr. Walsh, Mr. Greenwood, Mr. Ewing, Mr. Petri, Mr. Machtley,
Mr. Goss, and Mr. Levy.
H.R. 3574: Mr. Frank of Massachusetts, Mrs. Morella, Mr.
Foglietta, Mr. Faleomavaega, and Mr. Mineta.
H.R. 3584: Mr. Baker of Louisiana, Mr. Dickey, Mr. Edwards
of Texas, Mr. Frost, Mr. Gilchrest, Mr. Gene Green of Texas,
Mr. Holden, Mr. Levy, Mrs. Lloyd, Mr. Miller of Florida, Mr.
Quinn, Mr. Walsh, Mr. Wilson, and Ms. Kaptur.
H.R. 3624: Mr. Quillen, Mr. Duncan, and Mr. Johnson of
Georgia.
H.R. 3645: Mr. Porter.
H.R. 3656: Ms. Woolsey.
H.R. 3663: Mr. Coyne, Mr. Clay, Mr. Hinchey, Mr.
Abercrombie, Mr. Studds, and Mr. Wheat.
H.R. 3727: Mr. Pomeroy and Mr. Santorum.
H.R. 3757: Mr. Barca of Wisconsin.
H.R. 3783: Mrs. Mink of Hawaii, Mr. McDermott, and Mr.
Faleomavaega.
H.R. 3789: Mr. Lewis of Florida.
H.R. 3808: Mr. Tejeda and Mr. Rowland.
H.J. Res. 9: Mr. Calvert and Ms. Dunn.
H.J. Res. 28: Mr. Sarpalius.
H.J. Res. 209: Mr. Weldon.
H.J. Res. 230: Mr. Bevill, Mr. Fish, Mr. Gene Green of
Texas, Mr. Hayes, Mr. Hefner, Mr. Hilliard, Mr. Hinchey, Mr.
Hobson, Mr. Jacobs, Mr. Kleczka, Mr. Klein, Mr. Lancaster,
Mr. Lipinski, Mr. McDade, Mrs. Maloney, Mr. Manton, Mr.
Martinez, Mr. Matsui, Mr. Meehan, Mrs. Mink of Hawaii, Mr.
Montgomery, Mr. Moorhead, Mrs. Morella, Mr. Murphy, Mr.
Knollenberg, Mr. Payne of New Jersey, Mr. Peterson of
Florida, Mr. Petri, Mr. Quinn, Mr. Sabo, Mr. Sarpalius, Mr.
Sawyer, Mr. Saxton, Mr. Schumer, Mr. Serrano, Mr. Shuster,
Mr. Slattery, Mr. Spence, Mr. Talent, Mrs. Thurman, Mr.
Coppersmith, Mr. Torkildsen, Mr. Valentine, Mr. Wynn, Mr.
Faleomavaega, and Mr. Pete Geren of Texas.
H.J. Res. 251: Mrs. Meyers of Kansas.
H.J. Res. 253: Mr. Grandy.
H.J. Res. 256: Mr. Bachus of Alabama.
H.J. Res. 297: Mr. Clement, Mr. Sundquist, Mr. Clay, and
Mr. Tucker.
H.J. Res. 303: Mr. Quinn, Mr. McDade, Mr. Hamilton, Mr.
Sangmeister, Mr. Talent, Mr. Hunter, Mr. Hochbrueckner, Ms.
Brown of Florida, Mr. Dingell, Mr. Machtley, Mr. Hutto, Mr.
Bachus of Alabama, Mr. Foglietta, Mr. Gallegly, Mr. Smith of
Michigan, Mr. Neal of Massachusetts, Mr. Hyde, Mr. Reed, and
Mr. Kasich.
H.J. Res. 305: Mr. Moakley, Mr. Boehlert, Mrs. Thurman,
Mrs. Maloney, Mr. Kennedy, Mr. Evans, Mr. Frost, Mr. Yates,
Mr. Neal of Massachusetts, Mr. Sisisky, Mr. Bevill, Mr.
Wilson, Mr. Lipinski, Mr. Faleomavaega, Mr. Montgomery, and
Mr. McDermott.
H.J. Res. 310: Mr. Bliley, Mr. McDermott, Mr. Weldon, Mr.
Kopetski, Mr. Knollenberg, Mr. Rangel, Mrs. Thurman, Mr.
Walsh, Mr. Torkildsen, Mr. Torricelli, Ms. DeLauro, Mr. Hall
of Ohio, Mr. Solomon, and Mr. Lazio.
H. Con. Res. 84: Mr. Holden, Mr. Flake, and Mr. Burton of
Indiana.
H. Con. Res. 122: Mr. Parker.
H. Con. Res. 127: Mr. Neal of North Carolina and Mr. Camp.
H. Con. Res. 147: Mr. Flake, Mr. Gilman, Mr. Darden, and
Mr. Hutchinson.
H. Con. Res. 152: Mr. Serrano.
H. Con. Res. 201: Mr. Hancock, Mr. Grams, Mr. Minge, Mr.
Kingston, Mr. Gallo, Ms. Margolies-Mezvinsky, and Mr.
Goodlatte.
H. Con. Res. 202: Mr. Clay and Mr. Kopetski.
H. Res. 53: Mr. Deal.
H. Res. 236: Mr. Mazzoli, Mr. Parker, Mr. Engel, Mr.
Hochbrueckner, Mr. Fields of Louisiana, and Mr. Wise.
H. Res. 238: Mr. Baker of California, Mr. Barton of Texas,
Mr. Cox, Mr. Thomas of Wyoming, Mr. Taylor of North Carolina,
Mr. Roberts, Mr. Inglis of South Carolina, Mr. Cooper, Mr.
Gallegly, and Mr. Hutchinson.
H. Res. 247: Mr. Collins of Georgia, Mr. Bachus of Alabama,
and Mr. Ravenel.
H. Res. 281: Mr. Manton, Mr. Barca of Wisconsin, and Mr.
Stupak.
H. Res. 343: Mr. Dornan, Mrs. Unsoeld, Mr. Mann, Mr.
Schumer, Mr. Weldon, Mr. Wolf, Mrs. Meyers of Kansas, and Mr.
McNulty.
Para. 8.21 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 3527: Mr. Hefner.
.
THURSDAY, FEBRUARY 10, 1994 (9)
The House was called to order by the SPEAKER.
Para. 9.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Wednesday, February 10, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 9.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2558. A letter from the Comptroller General and Director of
Congressional Budget Office, transmitting their report on
evaluating DOD's certification regarding expansion of the
CHAMPUS Reform Initiative beyond the States of California and
Hawaii, pursuant to Public Law 102-484, section 712(c) (106
Stat. 2435); to the Committee on Armed Services.
2559. A letter from the Auditor, District of Columbia,
transmitting a copy of a report entitled ``Audit of Contracts
Between the Agency for HIV/AIDS and the Whitman Walker
Clinic,'' pursuant to D.C. Code, section 47-117(d); to the
Committee on the District of Columbia.
2560. A letter from the Vice Chairman and Chief Financial
Officer, Potomac Electric Power Co., transmitting a copy of
the balance sheet of Potomac Electric Power Co. as of
December 31, 1993, pursuant to D.C. Code, section 43-513; to
the Committee on the District of Columbia.
2561. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a copy of the
Deputy Secretary's Determination and Justification that it is
in the national interest to grant assistance to Kenya,
pursuant to 22 U.S.C. 2370(q); to the Committee on Foreign
Affairs.
2562. A letter from the Comptroller General, General
Accounting Office, transmitting the GAO's Annual Report for
fiscal year 1993 and a supplement summary tables of GAO
personnel assigned to congressional committees for fiscal
year 1993, pursuant to 31 U.S.C. 719(a); to the Committee on
Government Operations.
2563. A letter from the Acting Secretary, American Battle
Monuments Commission, transmitting the annual report on the
activities of the Inspector General for fiscal year 1993,
pursuant to Public Law 95-452, section 5(b) (102 Stat. 2526);
to the Committee on Government Operations.
2564. A letter from the Deputy Associate Director for
Collection and Disbursement, Department of the Interior,
transmitting a report on proposed refunds of excess royalty
payments in OCS areas, pursuant to 43 U.S.C. 1339(b); to the
Committee on Natural Resources.
2565. A letter from the Paralyzed Veterans of America,
transmitting a copy of the annual audit report of the
Paralyzed Veterans of America for the fiscal year ended
September 30, 1993, pursuant to 36 U.S.C. 1166; to the
Committee on the Judiciary.
2566. A letter from the Acting Assistant Secretary of the
Army (Civil Works), Department of Defense, transmitting a
report on the review of need for modifications in water
resource project structures and result of a demonstration
program making modifications, pursuant to 33 U.S.C. 2294
note; to the Committee on Public Works and Transportation.
2567. A letter from the Secretary of Transportation,
transmitting a draft of proposed legislation to amend section
1004 of Public Law 102-240, and for other purposes; to the
Committee on Public Works and Transportation.
Para. 9.3 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed with an amendment in which the concurrence of
the House is requested, a bill of the House of the following title:
H.R. 2333. An Act to authorize appropriations for the
Department of State, the United States Information Agency,
and related agencies, and for other purposes.
The message also announced that the Senate insisted upon its amendment
to the bill (H.R. 2333) ``An Act to authorize appropriations for the
Department of State, the United States Information Agency, and related
agencies, and for other purposes,'' requested a conference with the
House on the disagreeing votes of the two Houses thereon, and appointed
Mr. Kerry of Massachusetts, Mr. Pell, Mr. Biden, Mr. Sarbanes, Mr. Dodd,
Mr. Simon, Mr. Moynihan, Mr. Helms, Mr. Lugar, Mrs. Kassebaum, Mr.
Pressler, Mr. Murkowski, and Mr. Brown, to be the conferees on the part
of the Senate.
Para. 9.4 order of business--observance of george washington's birthday
On motion of Mr. KLECZKA, by unanimous consent,
Ordered, That it may be in order for the Speaker to appoint two
Members of the House, one upon the recommendation of the Minority
Leader, to represent the House of Representatives at appropriate
ceremonies for the observance of George Washinton's birthday to be held
on Monday, February 21, 1994.
Para. 9.5 observance of george washington's birthday
The SPEAKER, pursuant to the foregoing order, appointed to represent
the House of Representatives at appropriate ceremonies for the
observance of George Washington's birthday to be
[[Page 83]]
held on Monday, February 21, 1994, the following Members on the part of
the House: Ms. Byrne and Mr. Bateman.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 9.6 recess--10:55 a.m.
The SPEAKER pro tempore, Mr. WISE, pursuant to clause 12 of rule I,
declared the House in recess at 10 o'clock and 55 minutes a.m., until 11
a.m.
Para. 9.7 after recess--11 a.m.
The SPEAKER pro tempore, Mr. GEJDENSON, called the House to order.
Para. 9.8 independent counsel reauthorization
The SPEAKER pro tempore, Mr. GEJDENSON, pursuant to House Resolution
352 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the further consideration
of the bill (H.R. 811) to reauthorize the independent counsel law for an
additional 5 years, and for other purposes.
Mr. TORRICELLI, Chairman of the Committee of the Whole, resumed the
chair; and after some time spent therein,
Para. 9.9 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. RAMSTAD:
Page 10, insert the following after line 20 and redesignate
the succeeding section accordingly:
SEC. 6. GROUNDS FOR REMOVAL.
Section 596(a)(1) of title 28, United States Code, is
amended by adding at the end the following: ``Failure of the
independent counsel to comply with the established policies
of the Department of Justice as required by section 594(f) or
to comply with section 594(j) may be grounds for removing
that independent counsel from office for good cause under
this subsection.''.
It was decided in the
Yeas
187
<3-line {>
negative
Nays
227
Para. 9.10 [Roll No. 18]
AYES--187
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilbray
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cooper
Cox
Crane
Crapo
Cunningham
DeFazio
DeLay
Diaz-Balart
Dickey
Dooley
Doolittle
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Frost
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hancock
Hansen
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Johnston
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Machtley
Manzullo
Margolies-Mezvinsky
McCandless
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Orton
Oxley
Packard
Parker
Paxon
Penny
Peterson (FL)
Peterson (MN)
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Sisisky
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Traficant
Upton
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--227
Abercrombie
Ackerman
Andrews (ME)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bishop
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Clay
Clayton
Clement
Clyburn
Collins (IL)
Collins (MI)
Condit
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de Lugo (VI)
Deal
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Frank (MA)
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lantos
LaRocco
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Markey
Matsui
Mazzoli
McCloskey
McDermott
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Natcher
Neal (MA)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Romero-Barcelo (PR)
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Skaggs
Skelton
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--24
Andrews (TX)
Bilirakis
Blackwell
Chapman
Coleman
de la Garza
Dornan
Ewing
Ford (TN)
Hastert
Hastings
Lancaster
Laughlin
Manton
Martinez
Neal (NC)
Ridge
Roberts
Slattery
Smith (OR)
Swift
Tucker
Vucanovich
Washington
So the amendment was not agreed to.
After some further time,
Para. 9.11 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following substitute amendment submitted by Mr. BRYANT
to the amendment submitted by Mr. GEKAS:
Substitute amendment submitted by Mr. BRYANT:
Page 10, strike lines 6 through 14 and insert the
following:
``(2) Members of Congress.--Whenever the Attorney General
determines that it would be in the public interest, the
Attorney General may conduct a preliminary investigation in
accordance with section 592 if the Attorney General has
received information sufficient to constitute grounds to
investigate whether a Member of Congress may have violated
any Federal criminal law other than a violation classified as
a Class B or C misdemeanor or an infraction.''.
Amendment submitted by Mr. GEKAS:
Page 9, strike line 18 and all that follows through line 14
on page 10 and insert the following:
SEC. 4. APPLICATION TO MEMBERS OF CONGRESS.
Section 591(b) of title 28, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) any Senator or Representative in, or Delegate or
Resident Commissioner to, the Congress, or any person who has
served as a Senator, a Representative, Delegate, or Resident
Commissioner within the 2-year period before the receipt of
the information under subsection (a) with respect to conduct
that occurred while such person was a Senator, a
Representative, Delegate, or Resident Commissioner.''.
It was decided in the
Yeas
230
<3-line {>
affirmative
Nays
188
Para. 9.12 [Roll No. 19]
AYES--230
Abercrombie
Ackerman
Andrews (ME)
Applegate
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
[[Page 84]]
Chapman
Clayton
Clement
Clyburn
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Danner
Darden
de Lugo (VI)
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Gejdenson
Gephardt
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hayes
Hefley
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
McCloskey
McDermott
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Natcher
Neal (MA)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Owens
Oxley
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Romero-Barcelo (PR)
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Underwood (GU)
Unsoeld
Velazquez
Vento
Visclosky
Waters
Watt
Waxman
Wheat
Whitten
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOES--188
Allard
Andrews (NJ)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cooper
Coppersmith
Cox
Crane
Crapo
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Furse
Gallegly
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Machtley
Manzullo
Mazzoli
McCandless
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McKeon
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Myers
Nussle
Orton
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Swett
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Valentine
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--20
Andrews (TX)
Bilirakis
Clay
Coleman
de la Garza
Derrick
Ewing
Hastert
Hastings
Laughlin
McCurdy
McMillan
Michel
Morella
Neal (NC)
Ridge
Slattery
Tucker
Washington
Williams
So the substitute amendment was agreed to.
After some further time,
Para. 9.13 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the foregoing amendment, as amended, submitted by Mr.
GEKAS.
It was decided in the
Yeas
339
<3-line {>
affirmative
Nays
76
Para. 9.14 [Roll No. 20]
AYES--339
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Applegate
Bacchus (FL)
Bachus (AL)
Baesler
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Blute
Boehlert
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Bunning
Byrne
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Cunningham
Danner
Darden
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dickey
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Everett
Faleomavaega (AS)
Farr
Fawell
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (NJ)
Frost
Gallegly
Gallo
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Green
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Holden
Hoyer
Hughes
Hunter
Hutchinson
Hutto
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
Kleczka
Klein
Klink
Klug
Knollenberg
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCrery
McCurdy
McDade
McDermott
McHale
McInnis
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Natcher
Neal (MA)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roberts
Roemer
Rogers
Romero-Barcelo (PR)
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Snowe
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swift
Synar
Talent
Tanner
Tauzin
Tejeda
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt
Waxman
Wheat
Whitten
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zimmer
NOES--76
Abercrombie
Archer
Armey
Baker (CA)
Barrett (NE)
Bartlett
Barton
Bliley
Boehner
Burton
Buyer
Callahan
Coble
Cox
Crane
Crapo
Deal
DeLay
Diaz-Balart
Doolittle
Dornan
Dreier
Dunn
Ehlers
Emerson
Fields (TX)
Fowler
Franks (CT)
Furse
Gekas
Gingrich
Goss
Grams
Grandy
Hancock
Hansen
Hoke
Horn
Houghton
Huffington
Hyde
Inglis
Johnson, Sam
King
Kingston
Kolbe
Kyl
Levy
Linder
McCollum
McHugh
Mica
Miller (FL)
Moorhead
Myers
Nussle
Packard
Paxon
Pombo
Quillen
Rohrabacher
Ros-Lehtinen
Smith (TX)
Solomon
Spence
Stearns
Stump
Sundquist
Swett
Taylor (MS)
[[Page 85]]
Taylor (NC)
Thomas (CA)
Vucanovich
Walker
Weldon
Zeliff
NOT VOTING--23
Andrews (TX)
Bilirakis
Brown (CA)
Clay
Coleman
de la Garza
Duncan
Ewing
Fazio
Gutierrez
Hastert
Hastings
Laughlin
McMillan
Michel
Miller (CA)
Neal (NC)
Ridge
Royce
Slattery
Underwood (GU)
Washington
Williams
So the amendment, as amended, was agreed to.
After some further time,
Para. 9.15 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment in the nature of a substitute
submitted by Mr. HYDE:
Strike out all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent Counsel
Accountability and Reform Act of 1994''.
SEC. 2. EXTENSION.
Section 599 of title 28, United States Code, is amended by
striking ``Reauthorization Act of 1987'' and inserting
``Accountability and Reform Act of 1994''.
SEC. 3. APPLICATION TO MEMBERS OF CONGRESS.
Section 591(b) of title 28, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) any Senator, or any Representative in, or Delegate or
Resident Commissioner to, the Congress, or any person who has
served as a Senator or such a Representative, Delegate, or
Resident Commissioner within the 2-year period before the
receipt of the information under subsection (a) with respect
to conduct that occurred while such person was a Senator or
such a Representative, Delegate, or Resident Commissioner.''.
SEC. 4. BASIS FOR PRELIMINARY INVESTIGATION.
(a) Initial Receipt of Information.--Section 591 of title
28, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``information'' and inserting ``specific
information from a credible source that is''; and
(B) by striking ``may have'' and inserting ``has'';
(2) in subsection (c)(1)--
(A) by striking ``information'' and inserting ``specific
information from a credible source that is''; and
(B) by striking ``may have'' and inserting ``has''; and
(3) by amending subsection (d) to read as follows:
``(d) Time Period for Determining Need for Preliminary
Investigation.--The Attorney General shall determine, under
subsection (a) or (c) (or section 592(c)(2)), whether grounds
to investigate exist not later than 15 days after the
information is first received. If within that 15-day period
the Attorney General determines that there is insufficient
evidence of a violation of Federal criminal law referred to
in subsection (a), then the Attorney General shall close the
matter. If within that 15-day period the Attorney General
determines there is sufficient evidence of such a violation,
the Attorney General shall, upon making that determination,
commence a preliminary investigation with respect to that
information. If the Attorney General is unable to determine,
within that 15-day period, whether there is sufficient
evidence of such a violation, the Attorney General shall, at
the end of that 15-day period, commence a preliminary
investigation with respect to that information.''.
(b) Receipt of Additional Information.--Section 592(c)(2)
of title 28, United States Code, is amended by striking
``information'' and inserting ``specific information from a
credible source that is''.
SEC. 5. SUBPOENA POWER.
Section 592(a)(2) of title 28, United States Code, is
amended by striking ``grant immunity, or issue subpoenas''
and inserting ``or grant immunity, but may issue subpoenas
duces tecum''.
SEC. 6. PROSECUTORIAL JURISDICTION OF INDEPENDENT COUNSEL.
(a) Prosecutorial Jurisdiction.--Section 593(b) of title
28, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``define'' and inserting ``, with
specificity, define''; and
(B) by adding at the end the following: ``Such jurisdiction
shall be limited to the alleged violations of criminal law
with respect to which the Attorney General has requested the
appointment of the independent counsel, and matters directly
related to such criminal violations.''; and
(2) by amending paragraph (3) to read as follows:
``(3) Scope of prosecutorial jurisdiction.--In defining the
independent counsel's prosecutorial jurisdiction, the
division of the court shall assure that the independent
counsel has adequate authority to fully investigate and
prosecute the alleged violations of criminal law with respect
to which the Attorney General has requested the appointment
of the independent counsel, and matters directly related to
such criminal violations, including perjury, obstruction of
justice, destruction of evidence, and intimidation of
witnesses.''.
(b) Conforming Amendment.--Section 592(d) of title 28,
United States Code, is amended by striking ``subject matter
and all matters related to that subject matter'' and
inserting ``the alleged violations of criminal law with
respect to which the application is made, and matters
directly related to such criminal violations''.
SEC. 7. USE OF STATE AND LOCAL PROSECUTORS; STAFF OF
INDEPENDENT COUNSEL.
(a) Prosecutors as Independent Counsel.--Section 593(b)(1)
of title 28, United States Code, as amended by section 7 of
this Act, is further amended by adding at the end the
following: ``The division of the court should strongly
consider exercising the authority of section 3372 of title 5
so that it may appoint as independent counsel prosecutors
from State or local governments, and the division of the
court may exercise the authorities of such section 3372 for
such purpose to the same extent as the head of a Federal
agency.''.
(b) Staff of Independent Counsel.--Section 594(c) of title
28, United States Code, is amended by striking the last
sentence and inserting the following: ``Not more than 2 such
employees may be compensated at a rate not to exceed the rate
of basic pay payable for level V of the Executive schedule
under section 5316 of title 5, and all other such employees
shall be compensated at rates not to exceed the maximum rate
of basic pay payable for GS-15 of the General Schedule under
section 5332 of title 5. The independent counsel should, to
the greatest extent possible, use personnel of the Department
of Justice, on a reimbursable basis, in lieu of appointing
employees, to carry out the duties of such independent
counsel. The independent counsel should also strongly
consider exercising the authority of section 3372 of title 5
so that he or she may appoint as employees under this
subsection prosecutors of State or local governments. In
order to carry out the preceding sentence, each independent
counsel shall, for purposes of such section 3372, be
considered to be the head of a Federal agency.''.
SEC. 8. ATTORNEYS' FEES.
Section 593(f)(1) of title 28, United States Code, is
amended in the first sentence--
(1) by striking ``the court may'' and inserting ``the court
shall'';
(2) by inserting after ``pursuant to that investigation,''
the following: ``if such individual is acquitted of all
charges, or no conviction is obtained against such
individual, at a trial brought pursuant to that
investigation, or if the conviction of such individual at
such a trial is overturned on appeal,''; and
(3) by inserting ``, trial, and appeal (if any)'' after
``during that investigation''.
SEC. 9. TREATMENT OF CLASSIFIED INFORMATION.
Section 594(a) of title 28, United States Code, is amended
by adding at the end the following:
``An independent counsel appointed under this chapter who
gains access to classified information shall follow all
procedures established by the United States Government
regarding the maintenance, use, and disclosure of such
information. The failure to follow such procedures shall be
grounds for removal for good cause under section 596(a)(1),
in addition to any penalty provided in section 798 of title
18 or any other law that may apply.''.
SEC. 10. INDEPENDENT COUNSEL PER DIEM EXPENSES.
Section 594(b) of title 28, United States Code, is amended
to read as follows:
``(b) Compensation.--
``(1) In general.--Except as provided in paragraph (2), an
independent counsel appointed under this chapter shall
receive compensation at the per diem rate not to exceed the
annual rate of basic pay payable for level IV of the
Executive Schedule under section 5315 of title 5.
``(2) Travel and lodging in washington.--An independent
counsel and persons appointed under subsection (c) shall not
be entitled to the payment of travel and subsistence expenses
under subchapter 1 of chapter 57 of title 5, with respect to
duties performed in the District of Columbia after 1 year of
service under this chapter.''.
SEC. 11. AUTHORITIES AND DUTIES OF INDEPENDENT COUNSEL.
(a) Administrative Support.--Section 594 of title 28,
United States Code, is amended by adding at the end the
following new subsection:
``(l) Administrative Services.--
``(1) Administrative support.--The Administrator of General
Services shall provide administrative support to each
independent counsel.
``(2) Office space.--The Administrator of General Services
shall promptly provide appropriate office space for each
independent counsel. Such office space shall be within a
Federal building unless the Administrator of General Services
determines that other arrangements would cost less.''.
(b) Compliance With Policies of the Department of
Justice.--Section 594(f) of title 28, United States Code, is
amended--
(1) by striking ``, except where not possible,'' and
inserting ``at all times''; and
(2) by striking ``enforcement of the criminal laws'' and
inserting ``the enforcement of criminal laws and the release
of information relating to criminal proceedings''.
[[Page 86]]
(c) Limitation on Expenditures.--Section 594 of title 28,
United States Code, is amended by adding at the end the
following:
``(m) Limitation on Expenditures.--No funds may be expended
for the operation of any office of independent counsel after
the end of the 2-year period after its establishment, except
to the extent that an appropriations Act enacted after such
establishment specifically makes available funds for such
office for use after the end of that 2-year period.''.
SEC. 12. PERIODIC REPORTS.
Section 595(a)(2) of title 28, United States Code, is
amended by striking ``such statements'' and all that follows
through ``appropriate'' and inserting ``annually a report on
the activities of such independent counsel, including a
description of the progress of any investigation or
prosecution conducted by such independent counsel. Such
report need not contain information which would--
``(A) compromise or undermine the confidentiality of an
ongoing investigation under this chapter,
``(B) adversely affect the outcome of any prosecution under
this chapter, or
``(C) violate the personal privacy of any individual,
but shall provide information adequate to justify the
expenditures which the office of that independent counsel has
made, and indicate in general terms the state of the work of
the independent counsel''.
SEC. 13. REMOVAL, TERMINATION, AND PERIODIC REAPPOINTMENT OF
INDEPENDENT COUNSEL.
(a) Grounds for Removal.--Section 596(a)(1) of title 28,
United States Code, is amended by adding at the end the
following: ``Failure of the independent counsel to comply
with the established policies of the Department of Justice as
required by section 594(f) or to comply with section 594(j)
may be grounds for removing that independent counsel from
office for good cause under this subsection.''.
(b) Termination.--Section 596(b)(2) of title 28, United
States Code, is amended to read as follows:
``(2) Termination by division of the court.--The division
of the court may terminate an office of independent counsel
at any time--
``(A) on its own motion,
``(B) upon the request of the Attorney General, or
``(C) upon the petition of the subject of an investigation
conducted by such independent counsel, if the petition is
made more than 2 years after the appointment of such
independent counsel,
on the ground that the investigation conducted by the
independent counsel has been completed or substantially
completed and that it would be appropriate for the Department
of Justice to complete such investigation or to conduct any
prosecution brought pursuant to such investigation, or on the
ground that continuation of the investigation or prosecution
conducted by the independent counsel is not in the public
interest.''.
(c) Periodic Reappointment.--Section 596 of title 28,
United States Code, is amended by adding at the end the
following:
``(d) Periodic Reappointment of Independent Counsel.--If an
office of independent counsel has not terminated before--
``(1) the date that is 2 years after the original
appointment to that office, or
``(2) the end of each succeeding 2-year period,
such counsel shall apply to the division of the court for
reappointment. The court shall first determine whether the
office of that independent counsel should be terminated under
subsection (b)(2). If the court determines that such office
will not be terminated under such subsection, the court shall
reappoint the applicant if the court determines that such
applicant remains the appropriate person to carry out the
duties of the office. If not, the court shall appoint some
other person whom it considers qualified under the standards
set forth in section 593 of this title. If the court has not
taken the actions required by this subsection within 90 days
after the end of the applicable 2-year period, then that
office of independent counsel shall terminate at the end of
that 90-day period.''.
SEC. 14. JOB PROTECTIONS FOR INDIVIDUALS UNDER INVESTIGATION.
(a) In General.--Section 597 of title 28, United States
Code, is amended--
(1) by amending the section caption to read as follows:
``Sec. 597. Relationship with Department of Justice; job
protection for individuals under investigation''; and
(2) by adding at the end the following:
``(c) Job Protection for Individuals Under Investigation.--
``(1) Prohibited personnel practice.--It shall be a
prohibited personnel practice for an employee of the United
States Government who has authority to take, direct others to
take, recommend, or approve any personnel action (as defined
in section 2302(a)(2)(A) of title 5) with respect to an
individual described in paragraph (2) who is the subject of
an investigation or prosecution under this chapter, to take
or fail to take, or threaten to take or fail to take, such a
personnel action with respect to such individual, on account
of such investigation or prosecution.
``(2) Applicability.--The individuals referred to in
paragraph (1) are individuals other than--
``(A) any person described in section 591(a); and
``(B) any employee of the Federal Government whose position
is excepted from the competitive service on the basis of its
confidential, policy-determining, policy-making, or policy-
advocating character.
``(3) Exemption.--Paragraph (1) does not apply in the case
of an individual who is convicted of a criminal offense
pursuant to an investigation or prosecution described in
paragraph (1), unless such conviction is overturned on
appeal.
``(4) Remedies.--An individual with respect to whom a
prohibited personnel practice applies under paragraph (1) may
seek corrective action from the Merit Systems Protection
Board to the same extent as an employee may seek corrective
action under section 1221 of title 5 (including subsection
(h) of such section), except that, for purposes of such
section, any reference to section 2302(b)(8) of title 5 shall
be deemed to refer to paragraph (1) of this subsection, and
any reference to a disclosure under such section 2302(b)(8)
shall be deemed to refer to an investigation or prosecution
described in paragraph (1) of this subsection.''.
(b) Conforming Amendment.--The item relating to section 597
in the table of sections at the beginning of chapter 40 of
title 28, United States Code, is amended to read as follows:
``597. Relationship with Department of Justice; job protection for
individuals under investigation.''.
SEC. 15. EFFECT OF TERMINATION OF CHAPTER.
Section 599 of title 28, United States Code, is amended by
inserting ``, or until 120 days have elapsed, whichever is
earlier'' after ``completed''.
SEC. 16. GAO REPORT.
The Comptroller General of the United States shall submit
to the Congress, not later than 1 year after the date of the
enactment of this Act, a report setting forth recommendations
of ways to improve controls on costs of offices of
independent counsel under chapter 40 of title 28, United
States Code.
It was decided in the
Yeas
181
<3-line {>
negative
Nays
238
Para. 9.16 [Roll No. 21]
AYES--181
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cooper
Cox
Crane
Crapo
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Fawell
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
Kim
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pickle
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Valentine
Vucanovich
Walker
Walsh
Weldon
Wilson
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--238
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clement
Clyburn
Collins (IL)
Collins (MI)
Condit
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
[[Page 87]]
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennelly
Kildee
King
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lehman
Levin
Lewis (GA)
Lipinski
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Moran
Murphy
Murtha
Nadler
Natcher
Neal (MA)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Romero-Barcelo (PR)
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--19
Andrews (TX)
Bilirakis
Clayton
Coleman
Cunningham
de la Garza
Ewing
Fields (TX)
Hastert
Hastings
Kennedy
Laughlin
Lloyd
McMillan
Michel
Neal (NC)
Ridge
Slattery
Washington
So the amendment in the nature of a substitute was not agreed to.
The SPEAKER pro tempore, Mr. CARDIN, assumed the Chair.
When Mrs. MINK, Acting Chairman, pursuant to House Resolution 352,
reported the bill back to the House with an amendment adopted by the
Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent Counsel
Reauthorization Act of 1994''.
SEC. 2. FIVE-YEAR REAUTHORIZATION.
(a) Reauthorization.--Section 599 of title 28, United
States Code, is amended by striking ``1987'' and inserting
``1993''.
(b) Effectiveness of Statute.--Chapter 40 of title 28,
United States Code, shall be effective, on and after the date
of the enactment of this Act, as if the authority for such
chapter had not expired before such date.
SEC. 3. ADDED CONTROLS.
(a) Cost Controls and Administrative Support.--Section 594
of title 28, United States Code, is amended by adding at the
end the following new subsection:
``(l) Cost Controls and Administrative Support.--
``(1) Cost controls.--
``(A) In general.--An independent counsel shall--
``(i) conduct all activities with due regard for expense;
``(ii) authorize only reasonable and lawful expenditures;
and
``(iii) promptly, upon taking office, assign to a specific
employee the duty of certifying that expenditures of the
independent counsel are reasonable and made in accordance
with law.
``(B) Department of justice policies.--An independent
counsel shall comply with the established policies of the
Department of Justice respecting expenditures of funds,
except to the extent that compliance would be inconsistent
with the purposes of this chapter.
``(2) Administrative support.--The Director of the
Administrative Office of the United States Courts shall
provide administrative support and guidance to each
independent counsel. No officer or employee of the
Administrative Office of the United States Courts shall
disclose information related to an independent counsel's
expenditures, personnel, or administrative acts or
arrangements without the authorization of the independent
counsel.
``(3) Office space.--The Administrator of General Services,
in consultation with the Director of the Administrative
Office of the United States Courts, shall promptly provide
appropriate office space for each independent counsel. Such
office space shall be within a Federal building unless the
Administrator of General Services determines that other
arrangements would cost less.''.
(b) Independent Counsel Per Diem Expenses.-- Section 594(b)
of title 28, United States Code, is amended--
(1) by striking ``An independent counsel'' and inserting--
``(1) In general.--An independent counsel''; and
(2) by adding at the end the following new paragraphs:
``(2) Travel expenses.--Except as provided in paragraph
(3), an independent counsel and persons appointed under
subsection (c) shall be entitled to the payment of travel
expenses as provided by subchapter 1 of chapter 57 of title
5, including travel or transportation expenses in accordance
with section 5703 of title 5.
``(3) Travel to primary office.--An independent counsel and
any person appointed under subsection (c) shall not be
entitled to the payment of travel and subsistence expenses
under subchapter 1 of chapter 57 of title 5 with respect to
duties performed in the city in which the primary office of
that independent counsel or person is located after 1 year of
service by that independent counsel or person (as the case
may be) under this chapter unless the employee assigned
duties under subsection (l)(1)(A)(iii) certifies that the
payment is in the public interest to carry out the purposes
of this chapter. Any such certification shall be effective
for 6 months, but may be renewed for additional periods of 6-
months each if, for each such renewal, the employee assigned
duties under subsection (l)(1)(A)(iii) makes a
recertification with respect to the public interest described
in the preceding sentence. In making any certification or
recertification under this paragraph with respect to travel
and subsistence expenses of an independent counsel or person
appointed under subsection (c), such employee shall consider,
among other relevant factors--
``(A) the cost to the Government of reimbursing such travel
and subsistence expenses;
``(B) the period of time for which the independent counsel
anticipates that the activities of the independent counsel or
person, as the case may be, will continue;
``(C) the personal and financial burdens on the independent
counsel or person, as the case may be, of relocating so that
such travel and subsistence expenses would not be incurred;
and
``(D) the burdens associated with appointing a new
independent counsel, or appointing another person under
subsection (c), to replace the individual involved who is
unable or unwilling to so relocate.
An employee making a certification or recertification under
this paragraph shall be liable for an invalid certification
or recertification to the same extent as a certifying
official certifying a voucher is liable under section 3528 of
title 31.''.
(c) Independent Counsel Employee Pay Comparability.--
Section 594(c) of title 28, United States Code, is amended by
striking the last sentence and inserting the following: ``Not
more than 2 such employees may be compensated at a rate not
to exceed the rate of basic pay payable for level V of the
Executive schedule under section 5316 of title 5, and all
other such employees shall be compensated at rates not to
exceed the maximum rate of basic pay payable for GS-15 of the
General Schedule under section 5332 of title 5.''.
(d) Ethics Enforcement.--Section 594(j) of title 28, United
States Code, is amended by adding at the end the following
new paragraph:
``(5) Enforcement.--The Attorney General and the Director
of the Office of Government Ethics have authority to enforce
compliance with this subsection.''.
(e) Compliance With Policies of the Department of
Justice.--Section 594(f) of title 28, United States Code, is
amended by striking ``shall, except where not possible,
comply'' and inserting ``shall, except to the extent that to
do so would be inconsistent with the purposes of this
chapter, comply''.
(f) Publication of Reports.--Section 594(h) of title 28,
United States Code, is amended--
(1) by adding at the end the following new paragraph:
``(3) Publication of reports.--At the request of an
independent counsel, the Public Printer shall cause to be
printed any report previously released to the public under
paragraph (2). The independent counsel shall certify the
number of copies necessary for the public, and the Public
Printer shall place the cost of the required number to the
debit of such independent counsel. Additional copies shall be
made available to the public through the Superintendent of
Documents sales program under section 1702 of title 44 and
the depository library program under section 1903 of such
title.''; and
(2) in the first sentence of paragraph (2), by striking
``appropriate'' the second place it appears and inserting
``in the public interest, consistent with maximizing public
disclosure, ensuring a full explanation of independent
counsel activities and decisionmaking, and facilitating the
release of information and materials which the independent
counsel has determined should be disclosed''.
(g) Annual Reports to Congress.--Section 595(a)(2) of title
28, United States Code, is amended by striking ``such
statements'' and all that follows through ``appropriate'' and
inserting ``annually a report on the activities of the
independent counsel, including a description of the progress
of any investigation or prosecution conducted by the
[[Page 88]]
independent counsel. Such report may omit any matter that in
the judgment of the independent counsel should be kept
confidential, but shall provide information adequate to
justify the expenditures that the office of the independent
counsel has made''.
(h) Periodic Reappointment of Independent Counsel.--Section
596(b)(2) of title 28, United States Code, is amended by
adding at the end the following new sentence: ``If the
Attorney General has not made a request under this paragraph,
the division of the court shall determine on its own motion
whether termination is appropriate under this paragraph not
later than 3 years after the appointment of an independent
counsel and at the end of each succeeding 3-year period.''.
(i) Audits by the Comptroller General.--Section 596(c) of
title 28, United States Code, is amended to read as follows:
``(c) Audits.--By December 31 of each year, an independent
counsel shall prepare a statement of expenditures for the
fiscal year that ended on the immediately preceding September
30. An independent counsel whose office is terminated prior
to the end of the fiscal year shall prepare a statement of
expenditures by the date that is 90 days after the date on
which the office is terminated. The Comptroller General shall
audit each such statement and shall, not later than March 31
of the year following the submission of any such statement,
report the results of each audit to the Committee on the
Judiciary and the Committee on Government Operations of the
House of Representatives and to the Committee on Governmental
Affairs and the Committee on the Judiciary of the Senate.''.
SEC. 4. MEMBERS OF CONGRESS.
Section 591(c) of title 28, United States Code, is
amended--
(1) by indenting paragraphs (1) and (2) two ems to the
right and by redesignating such paragraphs as subparagraphs
(A) and (B), respectively;
(2) by striking ``The Attorney'' and all that follows
through ``if--'' and inserting the following:
``(1) In general.--The Attorney General may conduct a
preliminary investigation in accordance with section 592 if--
''; and
(3) by adding at the end the following new paragraph:
``(2) Members of congress.--Whenever the Attorney General
determines that it would be in the public interest, the
Attorney General may conduct a preliminary investigation in
accordance with section 592 if the Attorney General has
received information sufficient to constitute grounds to
investigate whether a Member of Congress may have violated
any Federal criminal law other than a violation classified as
a Class B or C misdemeanor or an infraction.''.
SEC. 5. GROUNDS FOR REMOVAL.
Section 596(a)(1) of title 28, United States Code, is
amended by striking ``physical disability, mental
incapacity'' and inserting ``physical or mental disability
(consistent with prohibitions on discrimination otherwise
imposed by law)''.
SEC. 6. NATIONAL SECURITY.
Section 597 of title 28, United States Code, is amended by
adding at the end the following:
``(c) National Security.--An independent counsel shall
comply with guidelines and procedures used by the Department
in the handling and use of classified materials.''.
SEC. 7. EFFECTIVE DATE.
The amendments made by this Act shall become effective on
the date of the enactment of this Act.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
Mr. GEKAS moved to recommit the bill to the Committee on the Judiciary
with instructions to report the bill back to the House forthwith with
the following amendment:
Page 9, strike line 18 and all that follows through line 14
on page 10 and insert the following:
SEC. 4. APPLICATION TO MEMBERS OF CONGRESS.
Section 591(b) of title 28, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) any Senator or Representative in, or Delegate or
Resident Commissioner to, the Congress, or any person who has
served as a Senator, a Representative, Delegate, or Resident
Commissioner within the 2-year period before the receipt of
the information under subsection (a) with respect to conduct
that occurred while such person was a Senator, a
Representative, Delegate, or Resident Commissioner.''.
After debate,
By unanimous consent, the previous question was ordered on the motion
to recommit with instructions.
The question being put, viva voce,
Will the House recommit said bill with instructions?
The SPEAKER pro tempore, Mr. CARDIN, announced that the nays had it.
Mr. GEKAS demanded a recorded vote on agreeing to said motion to
recommit with instructions, which demand was supported by one-fifth of a
quorum, so a recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
183
<3-line {>
negative
Nays
230
Para. 9.17 [Roll No. 22]
AYES--183
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bliley
Blute
Boehlert
Boehner
Bonilla
Brown (FL)
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Fawell
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
Kim
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shepherd
Shuster
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Swett
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Valentine
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--230
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Applegate
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (OH)
Bryant
Cantwell
Cardin
Carr
Chapman
Clay
Clement
Clyburn
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hayes
Hefner
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
King
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Martinez
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Natcher
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Sisisky
Skaggs
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Velazquez
Vento
Visclosky
Waters
Watt
Waxman
Wheat
Whitten
Williams
[[Page 89]]
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--20
Andrews (TX)
Bacchus (FL)
Bilirakis
Clayton
Coleman
de la Garza
Ewing
Fields (TX)
Hastert
Hastings
Hilliard
Laughlin
Markey
Matsui
McMillan
Michel
Neal (NC)
Ridge
Slattery
Washington
So the motion to recommit with instructions was not agreed to.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. CARDIN, announced that the yeas had it.
Mr. GEKAS demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
356
<3-line {>
affirmative
Nays
56
Para. 9.18 [Roll No. 23]
AYES--356
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Applegate
Bachus (AL)
Baesler
Baker (LA)
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Blute
Boehlert
Boehner
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Burton
Byrne
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clement
Clinger
Clyburn
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Cunningham
Danner
Darden
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Everett
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Glickman
Gonzalez
Goodlatte
Gordon
Goss
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hayes
Hefner
Herger
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Holden
Horn
Hoyer
Huffington
Hughes
Hunter
Hutto
Hyde
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McKeon
McKinney
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Natcher
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Packard
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (FL)
Zeliff
Zimmer
NOES--56
Abercrombie
Archer
Armey
Ballenger
Bartlett
Barton
Bliley
Bonilla
Bunning
Buyer
Callahan
Coble
Cox
Crane
Crapo
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Emerson
Gekas
Gingrich
Goodling
Grams
Hancock
Hansen
Hefley
Hoke
Houghton
Hutchinson
Inglis
Johnson, Sam
Kim
King
Kolbe
Kyl
Linder
McInnis
McNulty
Nussle
Oxley
Paxon
Pombo
Quillen
Schaefer
Sensenbrenner
Shuster
Solomon
Stump
Sundquist
Taylor (NC)
Thomas (CA)
Walker
Young (AK)
NOT VOTING--21
Andrews (TX)
Bacchus (FL)
Baker (CA)
Bilirakis
Clayton
Coleman
de la Garza
Ewing
Fields (TX)
Hastert
Hastings
Hilliard
Laughlin
McMillan
Michel
Neal (NC)
Ridge
Roth
Slattery
Talent
Washington
So the bill was passed.
On motion of Mr. BROOKS, pursuant to House Resolution 352, the bill of
the Senate (S. 24) to reauthorize the independent counsel law for an
additional 5 years, and for other purposes; was taken from the Speaker's
table.
When said bill was considered and read twice.
Mr. BROOKS submitted the following amendment, which was agreed to:
Strike out all after the enacting clause and insert the provisions of
H.R. 811, as passed by the House.
The bill, as amended, was ordered to be read a third time, was read a
third time by title, and passed.
A motion to reconsider the vote whereby said bill, as amended, was
passed was, by unanimous consent, laid on the table.
On motion of Mr. BROOKS, pursuant to House Resolution 352, it was,
Resolved, That the House insist upon its amendment to the foregoing
bill and request a conference with the Senate on the disagreeing votes
of the two Houses thereon.
Thereupon, the SPEAKER pro tempore, Mr. CARDIN, by unanimous consent,
announced the appointment of Messrs. Brooks, Bryant, Glickman, Frank,
Fish, Hyde, and Gekas, as managers on the part of the House at said
conference.
Ordered, That the Clerk notify the Senate thereof.
By unanimous consent, H.R. 811, a similar House bill, was laid on the
table.
Para. 9.19 providing for the consideration of h.r. 3345
Mr. MOAKLEY, by direction of the Committee on Rules, called up the
following resolution (H. Res. 357):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 3345) to amend title 5, United States Code, to
eliminate certain restrictions on employee training; to
provide temporary authority to agencies relating to voluntary
separation incentive payments; and for other purposes. The
first reading of the bill shall be dispensed with. All points
of order against consideration of the bill are waived.
General debate shall be confined to the bill and the
amendments made in order by this resolution and shall not
exceed one hour equally divided and controlled by the
chairman and ranking minority member of the Committee on Post
Office and Civil Service. After general debate the bill shall
be considered for amendment under the five-minute rule. It
shall be in order to consider as an original bill for the
purpose of amendment under the five-minute rule the amendment
in the nature of a substitute printed in part 1 of the report
of the Committee on Rules accompanying this resolution. The
amendment in the nature of a substitute shall be considered
as read. No amendment to the amendment in the nature of a
substitute shall be in order except the amendment printed in
part 2 of the report of the Committee on Rules, which may be
offered only by a Member designated in the report, shall be
considered as read, shall be debatable for the time specified
in the report equally divided and controlled by the proponent
and an opponent, shall not be subject to amendment, and shall
not be subject to a demand for division of the question in
the House or in the Committee of the Whole. All points of
order against the amendments printed in the report of the
Committee on Rules are waived. At the conclusion of
consideration of the bill for amendment the Committee shall
rise and report the bill to the House with such amendments as
may have been adopted. Any Member may demand a separate vote
in the House on any
[[Page 90]]
amendment adopted in the Committee of the Whole to the bill
or to the amendment in the nature of a substitute made in
order as original text. The previous question shall be
considered as ordered on the bill and amendments thereto to
final passage without intervening motion except one motion to
recommit with or without instructions.
When said resolution was considered.
After debate,
On motion of Mr. MOAKLEY, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 9.20 federal workforce restructuring
The SPEAKER pro tempore, Mr. CARDIN, pursuant to House Resolution 357
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 3345) to amend title 5, United States Code, to eliminate certain
restrictions on employee training; to provide temporary authority to
agencies relating to voluntary separation incentive payments, and for
other purposes.
The SPEAKER pro tempore, Mr. CARDIN, by unanimous consent, designated
Mr. MORAN as Chairman of the Committee of the Whole.
The Acting Chairman, Mr. RAHALL, assumed the Chair; and after some
time spent therein,
Para. 9.21 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. PENNY:
In section 2(d)(1), strike ``2'' and insert ``5''.
In section 2(d)(2)(A), strike ``repayment if'' and all that
follows through the period and insert ``repayment if the
individual involved possesses unique abilities and is the
only qualified applicant available for the position.''.
In section 2(d)(2)(B), strike ``repayment if'' and all that
follows through the period and insert ``repayment if the
individual involved possesses unique abilities and is the
only qualified applicant available for the position.''.
In section 2(d)(2)(C), strike ``repayment if'' and all that
follows through the period and insert ``repayment if the
individual involved possesses unique abilities and is the
only qualified applicant available for the position.''.
In section 2(d), add at the end the following:
(3) Definition.--For purposes of paragraph (1) (but not
paragraph (2)), the term ``employment'' includes employment
under a personal services contract with the United States.
After the last section, add the following:
SEC. 4. REDUCTION OF FEDERAL FULL-TIME EQUIVALENT POSITIONS.
(a) Definition.--For purposes of this section, the term
``agency'' means an Executive agency as defined under section
105 of title 5, United States Code, but does not include the
General Accounting Office.
(b) Limitations on Full-Time Equivalent Positions.--The
President, through the Office of Management and Budget (in
consultation with the Office of Personnel Management), shall
ensure that the total number of full-time equivalent
positions in all agencies shall not exceed--
(1) 2,084,600 during fiscal year 1994;
(2) 2,043,300 during fiscal year 1995;
(3) 2,003,300 during fiscal year 1996;
(4) 1,963,300 during fiscal year 1997;
(5) 1,992,300 during fiscal year 1998; and
(6) 1,882,300 during fiscal year 1999.
(c) Monitoring and Notification.--The Office of Management
and Budget, after consultation with the Office of Personnel
Management, shall--
(1) continuously monitor all agencies and make a
determination on the first date of each quarter of each
applicable fiscal year of whether the requirements under
subsection (b) are met; and
(2) notify the President and the Congress on the first date
of each quarter of each applicable fiscal year of any
determination that any requirement of subsection (b) is not
met.
(d) Compliance.--If at any time during a fiscal year, the
Office of Management and Budget notifies the President and
the Congress that any requirement under subsection (b) is not
met, no agency may hire any employee for any position in such
agency until the Office of Management and Budget notifies the
President and the Congress that the total number of full-time
equivalent positions for all agencies equals or is less than
the applicable number required under subsection (b).
(e) Waiver.--
(1) Emergencies>--Any provision of this section may be
waived upon a determination by the President that--
(A) the existence of a state of war or other national
security concern so requires; or
(B) the existence of an extraordinary emergency threatening
life, health, safety, property, or the environment so
requires.
(2) Agency efficiency or critical mission.--
(A) Subsection (d) may be waived, in the case of a
particular position or category of positions in an agency,
upon a determination of the President that the efficiency of
the agency or the performance of a critical agency mission so
requires.
(B) Whenever the President grants a waiver pursuant to
subparagraph (A), the President shall take all necessary
actions to ensure that the overall limitations set forth in
subsection (b) are not exceeded.
(f) Employment Backfill Prevention.--
(1) In general.--The total number of funded employee
positions in all agencies (excluding the Department of
Defense and the Central Intelligence Agency) shall be reduced
by one position for each vacancy created by the separation of
any employee who has received, or is due to receive, a
voluntary separation incentive payment under section 2(a)-
(e). For purposes of this subsection, positions and vacancies
shall be counted on a full-time-equivalent basis.
(2) Related restriction.--No funds budgeted for and
appropriated by any Act for salaries or expenses of positions
eliminated under this subsection may be used for any purpose
other than authorized separation costs.
It was decided in the
Yeas
409
<3-line {>
affirmative
Nays
1
Para. 9.22 [Roll No. 24]
AYES--409
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Bliley
Blute
Boehlert
Bonilla
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de Lugo (VI)
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Faleomavaega (AS)
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Natcher
Neal (MA)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
[[Page 91]]
Rostenkowski
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Sensenbrenner
Serrano
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Traficant
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (FL)
Zeliff
Zimmer
NOES--1
Kanjorski
NOT VOTING--28
Andrews (TX)
Bilirakis
Boehner
Brooks
Coleman
de la Garza
Dingell
Ewing
Fields (TX)
Gutierrez
Hall (OH)
Hastert
Hastings
Laughlin
Lewis (FL)
Machtley
Michel
Neal (NC)
Ortiz
Owens
Ridge
Roth
Scott
Sharp
Slattery
Towns
Washington
Young (AK)
So the amendment was agreed to.
The SPEAKER pro tempore, Mr. SKAGGS, assumed the Chair.
When Mr. MORAN, Chairman, pursuant to House Resolution 357, reported
the bill back to the House with an amendment adopted by the Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Workforce
Restructuring Act of 1994''.
SEC. 2. VOLUNTARY SEPARATION INCENTIVES.
(a) Definitions.--For the purpose of this section--
(1) the term ``agency'' means an Executive agency (as
defined by section 105 of title 5, United States Code), but
does not include the Department of Defense, the Central
Intelligence Agency, or the General Accounting Office; and
(2) the term ``employee'' means an employee (as defined by
section 2105 of title 5, United States Code) who is employed
by an agency, is serving under an appointment without time
limitation, and has been currently employed for a continuous
period of at least 12 months; such term includes an
individual employed by a county committee established under
section 8(b) of the Soil Conservation and Domestic Allotment
Act (16 U.S.C. 590h(b)), but does not include--
(A) a reemployed annuitant under subchapter III of chapter
83 or chapter 84 of title 5, United States Code, or another
retirement system for employees of the Government; or
(B) an employee having a disability on the basis of which
such employee is or would be eligible for disability
retirement under the applicable retirement system referred to
in subparagraph (A).
(b) Authority.--
(1) In general.--In order to avoid or minimize the need for
involuntary separations due to a reduction in force,
reorganization, transfer of function, or other similar
action, and subject to paragraph (2), the head of an agency
may pay, or authorize the payment of, voluntary separation
incentive payments to agency employees--
(A) in any component of the agency;
(B) in any occupation;
(C) in any geographic location; or
(D) on the basis of any combination of factors under
subparagraphs (A) through (C).
(2) Condition.--
(A) In general.--In order to receive an incentive payment,
an employee must separate from service with the agency
(whether by retirement or resignation) before January 1,
1995.
(B) Exception.--An employee who does not separate from
service before the date specified in subparagraph (A) shall
be ineligible for an incentive payment under this section
unless--
(i) the agency head determines that, in order to ensure the
performance of the agency's mission, it is necessary to delay
such employee's separation; and
(ii) the employee separates after completing any additional
period of service required (but not later December 31, 1996).
(c) Amount and Treatment of Payments.--A voluntary
separation incentive payment--
(1) shall be paid in a lump sum after the employee's
separation;
(2) shall be equal to the lesser of--
(A) an amount equal to the amount the employee would be
entitled to receive under section 5595(c) of title 5, United
States Code, if the employee were entitled to payment under
such section; or
(B) $25,000;
(3) shall not be a basis for payment, and shall not be
included in the computation, of any other type of Government
benefit;
(4) shall not be taken into account in determining the
amount of any severance pay to which an employee may be
entitled under section 5595 of title 5, United States Code,
based on any other separation; and
(5) shall be paid from appropriations or funds available
for the payment of the basic pay of the employee.
(d) Effect of Subsequent Employment With the Government.--
(1) In general.--An employee who has received a voluntary
separation incentive payment under this section and accepts
employment with the Government of the United States within 5
years after the date of the separation on which the payment
is based shall be required to repay the entire amount of the
incentive payment to the agency that paid the incentive
payment.
(2) Waiver authority.--
(A) Executive agency.--If the employment is with an
Executive agency (as defined in section 105 of title 5,
United States Code), the Director of the Office of Personnel
Management may, at the request of the head of the agency,
waive the repayment if the individual involved possesses
unique abilities and is the only qualified applicant
available for the position.
(B) Legislative branch.--If the employment is with an
entity in the legislative branch, the head of the entity or
the appointing official may waive the repayment if the
individual involved possesses unique abilities and is the
only qualified applicant available for the position.
(C) Judicial branch.--If the employment is with the
judicial branch, the Director of the Administrative Office of
the United States Courts may waive the repayment if the
individual involved possesses unique abilities and is the
only qualified applicant available for the position.
(3) Definition.--For purposes of paragraph (1) (but not
paragraph (2)), the term ``employment'' includes employment
under a personal services contract with the United States.
(e) Regulations.--The Director of the Office of Personnel
Management may prescribe any regulations necessary for the
administration of subsections (a) through (d).
(f) Employees of the Judicial Branch.--The Director of the
Administrative Office of the United States Courts may, by
regulation, establish a program consistent with the program
established by subsections (a) through (d) for individuals
serving in the judicial branch.
SEC. 3. ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT
FUND.
(a) In General.--In addition to any other payments which it
is required to make under subchapter III of chapter 83 of
title 5, United States Code, an agency shall remit to the
Office of Personnel Management for deposit in the Treasury of
the United States to the credit of the Civil Service
Retirement and Disability Fund an amount equal to 9 percent
of the final basic pay of each employee of the agency--
(1) who retires under section 8336(d)(2) of such title; and
(2) to whom a voluntary separation incentive payment under
section 2 (including under any program established under
section 2(f)) has been paid by such agency based on that
retirement.
(b) Definition.--For the purpose of this section, the term
``final basic pay'', with respect to an employee, means the
total amount of basic pay which would be payable for a year
of service by such employee, computed using the employee's
final rate of basic pay, and, if last serving on other than a
full-time basis, with appropriate adjustment therefor.
(c) Regulations.--The Director of the Office of Personnel
Management may prescribe any regulations necessary to carry
out this section.
SEC. 4. REDUCTION OF FEDERAL FULL-TIME EQUIVALENT POSITIONS.
(a) Definition.--For purposes of this section, the term
``agency'' means an Executive agency as defined under section
105 of title 5, United States Code, but does not include the
General Accounting Office.
(b) Limitations on Full-Time Equivalent Positions.--The
President, through the Office of Management and Budget (in
consultation with the Office of Personnel Management), shall
ensure that the total number of full-time equivalent
positions in all agencies shall not exceed--
(1) 2,084,600 during fiscal year 1994;
(2) 2,043,300 during fiscal year 1995;
(3) 2,003,300 during fiscal year 1996;
(4) 1,963,300 during fiscal year 1997;
(5) 1,922,300 during fiscal year 1998; and
(6) 1,882,300 during fiscal year 1999.
(c) Monitoring and Notification.--The Office of Management
and Budget, after consultation with the Office of Personnel
Management, shall--
(1) continuously monitor all agencies and make a
determination on the first date of each quarter of each
applicable fiscal year of whether the requirements under
subsection (b) are met; and
(2) notify the President and the Congress on the first date
of each quarter of each applicable fiscal year of any
determination that any requirement of subsection (b) is not
met.
(d) Compliance.--If at any time during a fiscal year, the
Office of Management and
[[Page 92]]
Budget notifies the President and the Congress that any
requirement under subsection (b) is not met, no agency may
hire any employee for any position in such agency until the
Office of Management and Budget notifies the President and
the Congress that the total number of full-time equivalent
positions for all agencies equals or is less than the
applicable number required under subsection (b).
(e) Waiver.--
(1) Emergencies.--Any provision of this section may be
waived upon a determination by the President that--
(A) the existence of a state of war or other national
security concern so requires; or
(B) the existence of an extraordinary emergency threatening
life, health, safety, property, or the environment so
requires.
(2) Agency efficiency or critical mission.--
(A) Subsection (d) may be waived, in the case of a
particular position or category of positions in an agency,
upon a determination of the President that the efficiency of
the agency or the performance of a critical agency mission so
requires.
(B) Whenever the President grants a waiver pursuant to
subparagraph (A), the President shall take all necessary
actions to ensure that the overall limitations set forth in
subsection (b) are not exceeded.
(f) Employment Backfill Prevention.--
(1) In general.--The total number of funded employee
positions in all agencies (excluding the Department of
Defense and the Central Intelligence Agency) shall be reduced
by one position for each vacancy created by the separation of
any employee who has received, or is due to receive, a
voluntary separation incentive payment under section 2 (a)-
(e). For purposes of this subsection, positions and vacancies
shall be counted on a full-time-equivalent basis.
(2) Related restriction.--No funds budgeted for and
appropriated by any Act for salaries or expenses of positions
eliminated under this subsection may be used for any purpose
other than authorized separation costs.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. SKAGGS, announced that the yeas had it.
Mr. MYERS demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
391
<3-line {>
affirmative
Nays
17
Para. 9.23 [Roll No. 25]
YEAS--391
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Applegate
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Bliley
Blute
Boehlert
Bonilla
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crapo
Cunningham
Danner
Darden
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dixon
Dooley
Doolittle
Dornan
Dreier
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Emerson
Engel
English
Eshoo
Evans
Everett
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (TX)
Hamburg
Hamilton
Hansen
Harman
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Natcher
Neal (MA)
Nussle
Oberstar
Obey
Olver
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roberts
Roemer
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (FL)
Zeliff
Zimmer
NAYS--17
Archer
Armey
Barton
Camp
Canady
Crane
DeLay
Duncan
Ehlers
Hancock
Johnson, Sam
Kasich
Porter
Rogers
Sensenbrenner
Smith (MI)
Stump
NOT VOTING--25
Andrews (TX)
Bilirakis
Boehner
Brooks
Coleman
de la Garza
Dingell
Ewing
Fields (TX)
Hall (OH)
Hastert
Hastings
Laughlin
Lewis (FL)
Machtley
Michel
Neal (NC)
Ortiz
Owens
Ridge
Roth
Slattery
Towns
Washington
Young (AK)
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
By unanimous consent, the title was amended so as to read: ``An Act to
provide temporary authority to Government agencies relating to voluntary
separation incentive payments, and for other purposes.''.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 9.24 order of business--conference on h.r. 3759
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That, if and when the Clerk receives a message from the
Senate indicating that that body has passed the bill (H.R. 3759) making
emergency supplemental appropriations for the fiscal year ending
September 30, 1994, and for other purposes, with amendments, insisted on
said amendments and requested a conference with the House, the House be
deemed to have disagreed to the amendments of the Senate and agreed to
the conference asked by the Senate, and that the Speaker be deemed to
have appointed conferees.
Para. 9.25 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
Para. 9.26 motion to instruct conferees--h.r. 3759
Mr. McDADE submitted the privileged motion to instruct the managers on
the part of the House at the conference with the Senate on the
disagreeing votes of the two Houses on the bill (H.R. 3759) making
emergency supplemental appropriations for the fiscal year ending
September 30, 1994, and for other purposes, to agree to the D'Amato
amendment numbered 1442, as modified, adopted by the Senate on vote
number 36, as follows:
[[Page 93]]
SEC. . EXTENSION OF RTC CIVIL STATUTE OF LIMITATIONS.
``Section 21A(b)(14)(C) of the Federal Home Loan Bank Act
(12 U.S.C. 1441a(b)(14)(C) is amended by striking clause (i)
and inserting in lieu thereof the following:
``(i) the period beginning on the date the claim accrues
(as determined pursuant to section 11(d)(14)(B) of the
Federal Deposit Insurance Act) and ending on December 31,
1995; or ending on the date of the termination of the
corporation pursuant to section 21A(m)(1), whichever is
later; or.''
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. CHAPMAN, announced that the yeas had it.
Mr. SOLOMON demanded a recorded vote on agreeing to said motion, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
Yeas
390
It was decided in the
Nays
1
<3-line {>
affirmative
Answered present
1
Para. 9.27 [Roll No. 26]
AYES--390
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Bliley
Blute
Boehlert
Bonilla
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Coble
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
Deal
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Farr
Fawell
Fazio
Fields (LA)
Filner
Fish
Flake
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Inglis
Inhofe
Inslee
Istook
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (GA)
Lightfoot
Linder
Livingston
Lloyd
Long
Lowey
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Myers
Nadler
Natcher
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rostenkowski
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (FL)
Zeliff
Zimmer
NOES--1
Clay
ANSWERED ``PRESENT''--1
Hyde
NOT VOTING--41
Andrews (TX)
Bilirakis
Boehner
Brooks
Coleman
de la Garza
DeFazio
Dingell
Ewing
Fields (TX)
Fingerhut
Foglietta
Gejdenson
Gibbons
Hall (OH)
Hastert
Hastings
Hutto
Jacobs
Laughlin
Lewis (FL)
Lipinski
Machtley
McMillan
Michel
Murphy
Murtha
Ortiz
Orton
Owens
Quillen
Richardson
Ridge
Rose
Roth
Slattery
Smith (OR)
Tauzin
Towns
Washington
Young (AK)
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
Para. 9.28 appointment of conferees--h.r.3759
The SPEAKER pro tempore, Mr. CHAPMAN, by unanimous consent, appointed
the following Members as managers on the part of the House to the
conference with the Senate on the disagreeing votes of the two Houses on
the amendments of the Senate to the bill (H.R. 3759) making emergency
supplemental appropriations for the fiscal year ending September 30,
1994, and for other purposes: Messrs. Natcher, Smith of Iowa, Yates,
Obey, Stokes, Bevill, Murtha, Dixon, Fazio, Hefner, Hoyer, Carr, Durbin,
McDade, Myers, Regula, Livingston, Lewis of California, Rogers, Skeen,
and Porter.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 9.29 adjournment of the two houses
Mr. GEPHARDT submitted the following privileged concurrent resolution
(H. Con. Res. 206):
Resolved by the House of Representatives (the Senate
concurring), That when the House adjourns on Thursday,
February 10, 1994, Friday, February 11, 1994, Saturday,
February 12, 1994, Sunday, February 13, 1994, Monday,
February 14, 1994, Tuesday, February 15, 1994, Wednesday,
February 16, 1994, Thursday, February 17, 1994, or Friday,
February 18, 1994, pursuant to a motion made by the Majority
Leader or his designee, it stand adjourned until 2 p.m. on
Tuesday, February 22, 1994, or until noon on the second day
after Members are notified to reassemble pursuant to section
2 of this concurrent resolution, whichever occurs first; and
that when the Senate recesses or adjourns at the close of
business on Thursday, February 10, 1994, Friday, February 11,
1994, Saturday, February 12, 1994, Sunday, February 13, 1994,
Monday, February 14, 1994, Tuesday, February 15, 1994,
Wednesday, February 16, 1994, Thursday, February 17, 1994, or
Friday, February 18, 1994, pursuant to a motion made by the
Majority Leader or his designee, in accordance with this
resolution, it stand recessed or adjourned until noon on
Tuesday, February 12, 1994, or at such time as may be
specified by the Majority Leader or his designee in the
motion to recess or adjourn, or until noon on the second day
after Members are notified to reassemble pursuant to section
2 of this concurrent resolution, whichever occurs first.
Sec. 2. The Speaker of the House and the Majority Leader of
the Senate, acting jointly after consultation with the
Minority Leader of the House and the Minority Leader of the
Senate, shall notify the Members of the House and the Senate,
respectively, to reassemble whenever, in their opinion, the
public interest shall warrant it.
When said concurrent resolution was considered and agreed to.
A motion to reconsider the votes whereby said concurrent resolution
was agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
[[Page 94]]
Para. 9.30 hour of meeting
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 2
p.m. on Friday, February 11, 1994.
Para. 9.31 calendar wednesday business dispensed with
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That business in order for consideration on Wednesday,
February 23, 1994, under clause 7, rule XXIV, the Calendar Wednesday
rule, be dispensed with.
Para. 9.32 speaker and minority leader to accept resignations, appoint
commissions
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That, notwithstanding any adjournment of the House until
Tuesday, February 22, 1994, the Speaker and the Minority Leader be
authorized to accept resignations and to make appointments to
commissions, boards and committees duly authorized by law or by the
House.
Para. 9.33 message from the president--national emergency with respect
to libya
The SPEAKER pro tempore, Mr. CHAPMAN, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
I hereby report to the Congress on the developments since my last
report of July 12, 1993, concerning the national emergency with respect
to Libya that was declared in Executive Order No. 12543 of January 7,
1986. This report is submitted pursuant to section 401(c) of the
National Emergencies Act, 50 U.S.C. 1641(c); section 204(c) of the
International Emergency Economic Powers Act (``IEEPA''), 50 U.S.C.
1703(c); and section 505(c) of the International Security and
Development Cooperation Act of 1985, 22 U.S.C. 2349aa-9(c).
1. On December 3, 1993, I announced new measures to tighten economic
sanctions against Libya. These measures are taken pursuant to the
imposition by the world community of new sanctions against Libya under
Security Council (``UNSC'') Resolution 883 of November 11, 1993, and are
designed to bring to justice the perpetrators of terrorist attacks
against Pan Am flight 103 and UTA flight 772. The actions signal that
Libya cannot continue to defy justice and flout the will of the
international community with impunity.
UNSC Resolution 883 freezes on a worldwide basis certain financial
assets owned or controlled by the Government of Libya or certain Libyan
entities and bans provision of equipment for refining and transporting
oil. It tightens the international air embargo and other measures
imposed in 1992 under UNSC Resolution 748. It is the result of close
cooperation between the United States, France, and the United Kingdom,
whose citizens were the principal victims of Libyan-sponsored terrorist
attacks against Pan Am 103 and UTA 772, and of consultations with Russia
and other friends and allies.
On December 2, 1993, I renewed for another year the national
emergency with respect to Libya pursuant to IEEPA. This renewal extends
the current comprehensive financial and trade embargo against Libya in
effect since 1986. Under these sanctions, all trade with Libya is
prohibited, and all assets owned or controlled by the Libyan Government
in the United States or in the possession or control of U.S. persons
are blocked. In addition, I have instructed the Secretary of Commerce
to reinforce our current trade embargo against Libya by prohibiting the
re-export from foreign countries to Libya of U.S.-origin products,
including equipment for refining and transporting oil.
2. There has been one amendment to the Libyan Sanctions Regulations,
31 C.F.R. Part 550 (the ``Regulations''), administered by the Office of
Foreign Assets Control (``FAC'') of the Department of the Treasury,
since my last report on July 12, 1993. The amendment (58 Fed. Reg.
47643) requires U.S. financial institutions to provide written
notification to FAC of any transfers into blocked accounts within 10
days of each transfer. It also standardizes registration and reporting
requirements applicable to all persons holding blocked property and
requires the annual designation of an individual contact responsible
for maintaining the property in a blocked status. A copy of the
amendment is attached to this report.
3. During the current 6-month period, FAC made numerous decisions
with respect to applications for licenses to engage in transactions
under the regulations, issuing 65 licensing determinations--both
approvals and denials. Consistent with FAC's ongoing scrutiny of
banking transactions, the largest category of license approvals (17)
concerned requests by non-Libyan persons or entities to unblock bank
accounts initially blocked because of an apparent Libyan interest. One
license involved export transactions from the United States to support
a United Nations program in Libya. Six licenses were issued authorizing
intellectual property protection in Libya. Two licenses were issued
that permit U.S. attorneys to provide legal representation under
circumstances permitted by the regulations. FAC has also issued one
license authorizing U.S. landlords to liquidate the personality of the
People's Committee for Libyan Students, with the net proceeds from the
sale paid into blocked accounts. Finally, FAC has issued three licenses
to the Embassy of the United Arab Emirates, as Protecting Power for
Libya, to manage Libyan property in the United States subject to
stringent FAC reporting requirements.
4. During the current 6-month period, FAC has continued to emphasize
to the international banking community in the United States the
importance of identifying and blocking payments made by or on behalf of
Libya. The FAC worked closely with the banks to implement new
interdiction software systems to identify such payments. As a result,
during the reporting period, more than 130 transactions involving
Libya, totaling more than $20.7 million, were blocked.
Since my last report, FAC has collected 39 civil monetary penalties
totaling nearly $277,000 for violations of U.S. sanctions against
Libya. All but 8 of the violations involved the failure of banks to
block funds transfers to Libyan-owned or controlled banks, with 5 of
the remainder involving the U.S. companies that ordered the funds
transfers. The balance involved one case each for violations involving
a letter of credit, trademark registrations, and export transactions.
Various enforcement actions carried over from previous reporting
periods have continued to be aggressively pursued. Several new
investigations of potentially significant violations of the Libyan
sanctions have been initiated by FAC and cooperating U.S. law
enforcement agencies. Many of these cases are believed to involve
complex conspiracies to circumvent the various prohibitions of the
Libyan sanctions, as well as the utilization of international
diversionary shipping routes to and from Libya. FAC continued to work
closely with the Departments of State and Justice to identify U.S.
persons who enter into contracts or agreements with the Government of
Libya, or other third-country parties, to lobby U.S. Government
officials and to engage in public relations work on behalf of the
Government of Libya without FAC authorization.
FAC also continued its efforts under the Operation Roadblock
initiative. This ongoing program seeks to identify U.S. persons who
travel to and/or work in Libya in violation of U.S. law.
FAC has continued to pursue the investigation and identification of
Libyan entities as Specially Designated Nationals of Libya. During the
reporting period, those activities have resulted in the addition of one
third-country Libyan bank to the Specially Designated Nationals list;
and FAC has intervened with respect to a Libyan takeover attempt of
another foreign bank. FAC Is also reviewing options for additional
measures directed against Libyan assets in order to ensure strict
implementation of UNSC Resolution 883 that has imposed international
sanctions against Libyan financial assets.
5. The expenses incurred by the Federal Government in the 6-month
period from July 7, 1993, through January 6, 1994, that are directly
attributable to the exercise of powers and authorities conferred by the
declaration of the Libyan national emergency are estimated at
approximately $1 million. Personnel costs were largely centered in the
Department of the Treasury (particularly in the Office of Foreign
Assets Control,
[[Page 95]]
the Office of the General Counsel, and the U.S. Customs Service), the
Department of State, and the Department of Commerce.
6. The policies and actions of the Government of Libya continue to
pose an unusual and extraordinary threat to the national security and
foreign policy of the United States. The United States continues to
believe that still stronger international measures than those mandated
by UNSC Resolution 883, including a worldwide oil embargo, should be
enacted if Libya continues to defy the international community. We
remain determined to ensure the perpetrators of the terrorist acts
against Pan Am 103 and UTA 772 are brought to justice. The families of
the victims in the murderous Lockerbie bombing and other acts of Libyan
terrorism deserve nothing less. I shall continue to exercise the powers
at my disposal to apply economic sanctions against Libya fully and
effectively, so long as those measures are appropriate, and will
continue to report periodically to the Congress on significant
developments as required by law.
William J. Clinton.
The White House, February 10, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Foreign Affairs and ordered to
be printed (H. Doc. 103-208).
Para. 9.34 subpoena
The SPEAKER pro tempore, Mr. CHAPMAN, laid before the House a
communication, which was read as follows:
Office of the Director, Non-Legislative and Financial
Services, House of Representatives
Washington, DC, February 10, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives, Washington, DC
Dear Mr. Speaker: This is to notify you formally pursuant
to Rule L (50) of the Rules of the House that the Office
Supply Service and the Office of Finance have each been
served with a subpoena issued by the United States District
Court for the District of Columbia.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoenas is
consistent with the privileges and precedents of the House.
Sincerely,
Randall B. Medlock,
Acting Director.
Para. 9.35 senate enrolled bill signed
The SPEAKER announced his signature to an enrolled joint resolution of
the Senate of the following title:
S.J. Res. 119. Joint resolution to designate the month of
March 1994 as ``Irish-American Heritage Month.''
Para. 9.36 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. BILIRAKIS, for today and balance of the week; and
To Mr. ORTON, for today after 5 p.m. and balance of the week.
And then,
Para. 9.37 adjournment
On motion of Mr. GOSS, pursuant to the special order heretofore agreed
to, at 6 o'clock and 59 minutes p.m., the House adjourned until 2
o'clock p.m. on Friday, February 11, 1994.
Para. 9.38 reported bills sequentially referred
Under clause 5 of rule X, bills and reports were delivered to the
Clerk for printing, and bills referred as follows:
Mr. MINETA: Committee on Public Works and Transportation.
H.R. 2442. A bill to reauthorize appropriations under the
Public Works and Economic Development Act of 1965, as
amended, to revise administrative provisions of the Act to
improve the authority of the Secretary of Commerce to
administer grant programs, and for other purposes; with an
amendment; referred to the Committee on Banking, Finance and
Urban Affairs for a period ending not later than April 22,
1994, for consideration of such provisions of the bill and
amendments as fall within the jurisdiction of that committee
pursuant to clause 1(d), rule X (Rept. No. 103-423, Pt. 1).
Para. 9.39 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. GONZALEZ (for himself, Mrs. Roukema, Mr. Neal of
North Carolina, Mr. LaFalce, Mr. Vento, Mr. Frank of
Massachusetts, Mr. Kanjorski, Mr. Kennedy, Mr. Flake,
Mr. Mfume, Ms. Waters, Mr. Bacchus of Florida, Mr.
Klein, Mr. Deutsch, Mr. Gutierrez, Mr. Rush, Ms.
Velazquez, Mr. Wynn, Mr. Fields of Louisiana, Mr.
Watt, Mr. Hinchey, and Ms. Furse):
H.R. 3838. A bill to amend and extend certain laws relating
to housing and community development, and for other purposes;
to the Committee on Banking, Finance and Urban Affairs.
By Mr. TAYLOR of Mississippi (for himself, Mr. Parker,
and Mr. Montgomery):
H.R. 3839. A bill to designate the U.S. post office located
at 220 South 40th Avenue in Hattiesburg, MS, as the ``Roy M.
Wheat Post Office''; to the Committee on Post Office and
Civil Service.
By Mr. CHAPMAN:
H.R. 3840. A bill to designate the Federal building and
U.S. courthouse located at 100 East Houston Street in
Marshall, TX, as the ``Sam B. Hall, Jr. Federal Building and
United States Courthouse''; to the Committee on Public Works
and Transportation.
By Mr. NEAL of North Carolina (for himself, Mr.
McCollum, Mr. LaFalce, Mr. Vento, Mr. Schumer, Mr.
Frank of Massachusetts, Mr. Kanjorski, Mr. Kennedy,
Mr. Flake, Mr. Mfume, Mr. LaRocco, Mr. Orton, Mr.
Klein, Mrs. Maloney, Ms. Pryce of Ohio, Mr. Linder,
Mr. Lazio, Mr. Bachus of Alabama, Mrs. Roukema, Mr.
McCandless, and Mr. King):
H.R. 3841. A bill to amend the Bank Holding Company Act of
1956, the Revised Statutes of the United States, and the
Federal Deposit Insurance Act to provide for interstate
banking and branching; to the Committee on Banking, Finance
and Urban Affairs.
By Mr. MARTINEZ (for himself, Mr. Ford of Michigan, Mr.
Goodling, Ms. Molinari, Mr. Gephardt, Mr. Clay, Mr.
Miller of California, Mr. Murphy, Mr. Kildee, Mr.
Williams, Mr. Owens, Mr. Sawyer, Mr. Payne of New
Jersey, Mrs. Unsoeld, Mrs. Mink of Hawaii, Mr. Scott,
Mr. Engel, Mr. Gene Green of Texas, Ms. Woolsey, Mr.
Romero-Barcelo, Mr. Castle, Mr. de Lugo, Mr.
Faleomavaega, Mr. Baesler, and Mr. Underwood).
H.R. 3842. A bill to amend the Head Start Act to extend
authorization of appropriations for progress under that act,
to strengthen provisions designed to provide quality
assurance and improvement, to provide for orderly and
appropriate expansion of such program, and for other
purposes, to the Committee on Education and Labor.
By Mr. VISCLOSKY (for himself, Mr. Regula, Ms. Kaptur,
Mr. Gallo, Mr. Lipinski, and Mr. Fingerhut):
H.R. 3843. A bill to require the Administrator of the
Environmental Protection Agency to establish a program under
which States may be certified to carry out voluntary
environmental cleanup programs for low and medium priority
sites; to the Committee on Energy and Commerce.
By Mr. VISCLOSKY (for himself, Mr. Regula, Mr.
Fingerhut, and Mr. Lipinski):
H.R. 3844. A bill to authorize the Administrator of the
Environmental Protection Agency to provide loans to States to
establish revolving loan funds for the environmental cleanup
of sites in distressed areas that have the potential to
attract private investment and create local employment; to
the Committee on Energy and Commerce.
By Mr. VISCLOSKY (for himself, Mr. Durbin, Mr. Evans,
Mr. Foglietta, Mr. Hansen, Mr. Jacobs, Mr. LaFalce,
Mr. Meehan, and Mr. Slattery):
H.R. 3845. A bill to limit access by minors to cigerettes
through prohibiting the sale of tobacco products in vending
machines and the distribution of free samples of tobacco
products in Federal buildings and property accessible by
minors; to the Committee on Public Works and Transportation.
By Mr. ARMEY (for himself and Mr. Jacobs):
H.R. 3846. A bill to repeal the quota and price support
programs for peanuts; to the Committee on Agriculture.
By Mr. CARDIN:
H.R. 3847. A bill to require the Secretary of Defense to
release the requirements and reversionary interest on certain
property in Baltimore, MD; to the Committee on Armed
Services.
By Mr. COBLE:
H.R. 3848. A bill to suspend until January 1, 1996, the
duty on certain machinery; to the Committee on Ways and
Means.
By Mr. DUNCAN:
H.R. 3849. A bill to amend section 3730 of title 31, United
States Code, to limit the amount a private party may be
awarded in an action under such section; to the Committee on
the Judiciary.
By Mr. GALLEGLY:
H.R. 3850. A bill to provide for a study of human health
risks associated with National Weather Service doppler radar
installations, and to prohibit the operation of such an
installation in Ojai, CA, unless such study finds no
significant health risk; jointly, to the Committees on
Science, Space, and Technology and Energy and Commerce.
By Mr. ISTOOK (for himself, Mr. Gilchrest, Mr. Emerson,
Mr. Dornan, Mr. Calvert, Mr. Pete Geren of Texas, Mr.
Doolittle, Mr. Livingston, Mr. Goss, Mr. Hastert, Mr.
Greenwood, Mr. Callahan, Mr. Gallegly, Mr. Petri, Mr.
Allard, Mr. Machtley and Mr. Hutchinson):
H.R. 3851. A bill to amend the Internal Revenue Code of
1986 to eliminate the marriage
[[Page 96]]
penalty; to the Committee on Ways and Means.
By Mr. JOHNSON of South Dakota:
H.R. 3852. A bill to amend title 18, United States Code, to
prohibit a Federal firearms licensee from selling or
delivering a firearm or ammunition to an intoxicated person;
to the Committee on the Judiciary.
By Mr. KLEIN (for himself, Mr. Frank of Massachusetts,
Mr. Schumer, and Mr. Deutsch):
H.R. 3853. A bill to stimulate private investment, economic
development, and the creation of jobs in the private sector
by authorizing the Secretary of the Treasury to participate
in loans, and guarantee a portion of loans, made by banks and
other qualified lenders for businesses with potential for
expansion and growth and for other viable economic
development projects, and for other purposes; to the
Committee on Banking, Finance and Urban Affairs.
By Mr. KOPETSKI:
H.R. 3854. A bill to repeal the Cuban Adjustment Act; to
the Committee on the Judiciary.
By Mr. LEACH:
H.R. 3855. A bill to suspend temporarily the duty on
Halosulfuron-Methyl; to the Committee on Ways and Means.
By Mrs. MEYERS of Kansas:
H.R. 3856. A bill to suspend until January 1, 1997 the duty
on 2-(4-chloro-2-methyl phenoxy) propionic acid; to the
Committee on Ways and Means.
By Mr. OLVER:
H.R. 3857. A bill to permit the Administrator of the
Environmental Protection Agency to enter into cooperative
research and development agreements for environmental
protection; to the Committee on Science, Space, and
Technology.
By Ms. PRYCE of Ohio:
H.R. 3858. A bill to extend the suspension of duty on
certain diamond tool and drill blanks, and for other purpose;
to the Committee on Ways and Means.
By Mr. SCHUMER:
H.R. 3859. A bill to amend the Immigration and Nationality
Act to provide for the complete use of visas available under
the diversity transition program; to the Committee on the
Judiciary.
By Mr. SMITH of Texas (for himself, Mr. Armey, Mr.
Baker of California, Mr. Barton of Texas, Mr. Burton
of Indiana, Mr. Canady, Mr. Collins of Georgia, Mr.
Cunningham, Mr. DeLay, Mr. Doolittle, Mr. Fish, Mr.
Gallegly, Mr. Gilman, Mr. Gingrich, Mr. Goodlatte,
Mr. Goss, Mr. Greenwood, Mr. Hunter, Mr. Sam Johnson,
Mr. Kim, Mr. Kingston, Mr. Levy, Mr. Lewis of
Florida, Mr. McCollum, Mr. McKeon, Mrs. Meyers of
Kansas, Mr. Miller of Florida, Ms. Molinari, Mr.
Moorhead, Mr. Rohrabacher, Mr. Royce, Mr. Shaw, Mr.
Stearns, and Mr. Shays):
H.R. 3860. A bill to amend the Immigration and Nationality
Act and other laws of the United States relating to border
security, illegal immigration, alien eligibility for Federal
financial benefits and services, criminal activity by aliens,
alien smuggling, fraudulent document use by aliens, asylum,
terrorist aliens, and for other purposes; jointly, to the
Committees on the Judiciary; Ways and Means; Energy and
Commerce; Banking, Finance and Urban Affairs; Foreign
Affairs; and Government Operations.
By Mr. STARK:
H.R. 3861. A bill to amend the District of Columbia Self-
Government and Governmental Reorganization Act to permit the
District of Columbia to subject the income of the Federal
National Mortgage Association, the Federal Home Loan Mortgage
Corporation, and the Student Loan Marketing Association to
taxation by the District of Columbia, to require the Federal
National Mortgage Association to maintain its principal
office in the District of Columbia, and to require the Mayor
of the District of Columbia to submit a report to Congress on
the economic impact of such entities on the District of
Columbia; to the Committee on the District of Columbia.
By Mr. STUMP (for himself and Mr. Callahan):
H.R. 3862. A bill to effect a moratorium on immigration by
aliens other than refugees, priority workers, and the spouses
and children of United States citizens; jointly, to the
Committees on the Judiciary, Ways and Means, Agriculture, and
Banking, Finance and Urban Affairs.
By Mr. THOMPSON:
H.R. 3863. A bill to designate the Post Office building
located at 401 E. South Street in Jackson, Mississippi, as
the ``Medgar Wiley Evers Post Office''; to the Committee on
Post Office and Civil Service.
By Mr. KLEIN:
H.J. Res. 322. Joint resolution to authorize the President
to proclaim the last Friday of April 1994 as ``National Arbor
Day''; to the Committee on Post Office and Civil Service.
By Mr. RANGEL:
H.J. Res. 323. Joint resolution declaring May 19 a national
holiday and day of prayer and rememberance honoring Malcolm X
(Al Hajj Malik Al-Shabazz); to the Committee on Post Office
and Civil Service.
By Mr. SARPALIUS (for himself and Mr. Brewster):
H.J. Res. 324. Joint resolution proposing an amendment to
the Constitution of the United States to limit the number of
years an individual may serve in certain positions in the
Government of the United States, and for other purposes; to
the Committee on the Judiciary.
By Ms. ROYBAL-ALLARD:
H. Con. Res. 205. Concurrent resolution expressing the
sense of the Congress regarding the use of census block group
data, and data from low or no population census tracts or
blocks, in the designation of empowerment zones and
enterprise communities; to the Committee on Ways and Means.
By Mr. GEPHARDT:
H. Con. Res. 206. Concurrent resolution providing for the
adjournment of the House from Thursday, February 10, 1994,
through Friday, February 18, 1994 to Tuesday, February 22,
1994 and an adjournment or recess of the Senate from
Thursday, February 10, 1994 through Friday, February 18,
1994, to Tuesday, February 22, 1994; considered and agreed
to.
By Mr. CONYERS:
H. Con. Res. 207. Concurrent resolution providing for
placement of a statue honoring African-American recipients of
the Congressional Medal of Honor in the Capitol; to the
Committee on House Administration.
By Mr. BROOKS:
H. Res. 358. Resolution providing amounts from the
contingent fund of the House for expenses of investigations
and studies by the Committee on the Judiciary in the 2d
session of the 103d Congress; to the Committee on House
Administration.
By Mr. LaFALCE:
H. Res. 359. Resolution providing amounts from the
contingent fund of the House for expenses of investigations
and studies by the Committee on Small Business in the 2d
session of the 103d Congress; to the Committee on House
Administration.
By Mrs. MEYERS of Kansas (for herself, Mr. Combest, Mr.
Baker of Louisiana, Mr. Machtley, Mr. Sam Johnson,
Mr. Zeliff, Mr. Collins of Georgia, Mr. McInnis, Mr.
Huffington, Mr. Talent, Mr. Knollenberg, Mr. Kim, Mr.
Manzullo, Mr. Torkildsen, and Mr. Portman):
H. Res. 360. Resolution entitled, resolution of inquiry;
jointly, to the Committees on Small Business the Judiciary,
and Post Office and Civil Service.
By Mr. ROSE:
H. Res. 361. Resolution providing amounts from the
contingent fund of the House for expenses of investigations
and studies by the Committee on House Administration in the
2d session of the 103d Congress; to the Committee on House
Administration.
Para. 9.40 private bills and resolutions
Under clause 1 of rule XXII.
Mr. PETRI introduced a bill (H.R. 3864) for the relief of
Thomas McDermott, Sr.; which was referred to the Committee on
Natural Resources.
Para. 9.41 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 65: Mr. McCollum.
H.R. 105: Ms. Pryce of Ohio.
H.R. 467: Mr. Evans, Mr. Mineta, Mr. Parker, Mr. Kopetski,
and Mr. Foglietta.
H.R. 591: Mr. Portman and Mr. Gingrich.
H.R. 784: Mr. Brewster.
H.R. 794: Mr. Rahall, Mr. Swift, Mr. Oxley, and Mr.
McCrery.
H.R. 828: Mr. Parker.
H.R. 1079: Mr. Levy.
H.R. 1080: Mr. Levy.
H.R. 1081: Mr. Levy.
H.R. 1082: Mr. Levy.
H.R. 1083: Mr. Levy.
H.R. 1181: Mr. McDade.
H.R. 1191: Mr. Levy.
H.R. 1231: Mr. Moakley, Mr. Gejdenson, Mr. Ridge, and Mr.
Klink.
H.R. 1277: Mrs. Johnson of Connecticut.
H.R. 1349: Mr. Hoke and Mr. Kingston.
H.R. 1391: Mr. Andrews of Maine and Mr. Johnston of
Florida.
H.R. 1455: Mr. Valentine and Mr. Cardin.
H.R. 1596: Mr. Mann.
H.R. 1718: Mr. Beilenson, Mr. Bonior, Ms. Brown of Florida,
Mr. Conyers, Mr. Filner, Mr. Flake, Mr. Ford of Tennessee,
Mr. Gordon, Mr. Kasich, Mr. Lewis of Georgia, Mr. Reynolds,
and Mr. Slattery.
H.R. 1823: Mrs. Schroeder.
H.R. 1980: Mr. Evans.
H.R. 2019: Mr. Dellums.
H.R. 2043: Ms. Velazquez.
H.R. 2070: Mr. Foglietta.
H.R. 2418: Mr. Portman, Mr. Gingrich, Mr. Lewis of Georgia,
and Mrs. Johnson of Connecticut.
H.R. 2565: Mr. Oberstar and Mr. Visclosky.
H.R. 2566: Mr. Oberstar and Mr. Visclosky.
H.R. 2586: Mr. Murphy and Mr. Beilenson.
H.R. 2623: Mr. Sarpalius.
H.R. 2663: Mr. Gejdenson and Mr. Johnson of South Dakota.
H.R. 2671: Mr. Gordon.
H.R. 2710: Mr. Evans, Mr. Bryant, Mr. Kopetski, Ms.
DeLauro, Mr. Lewis of Georgia, Mr. Hughes, Mr. Neal of
Massachusetts, Mr. Frank of Massachusetts, Mr. Conyers, Mr.
Peterson of Minnesota, Mr. Dellums, Mr. Miller of California,
Mr. Penny, and Mr. Traficant.
H.R. 2720: Mr. Cooper, Mr. Mann, and Ms. Woolsey.
H.R. 2803: Mr. Slattery, Ms. Pryce of Ohio, Mr. McCloskey,
Mr. Borski, Mrs. Unsoeld, Mr. Kreidler, and Mr. Hutchinson.
H.R. 2872: Mr. Royce and Mr. Fawell.
H.R. 2873: Mr. Ridge, Mr. Abercrombie, Mr. Dixon, Mr.
Manzullo, Mr. Frank of Massachusetts, Mr. McDermott, and Mr.
Wise.
[[Page 97]]
H.R. 2969: Mr. Kennedy and Mr. King.
H.R. 3005: Mr. Levy, Mr. Archer, Mr. Istook, Mr. Emerson,
Mr. McMillan, Mr. Knollenberg, Mr. Kolbe, Mr. Linder, Mr.
Hastert, and Ms. Pryce of Ohio.
H.R. 3023: Mr. Hamburg, Mr. Torkildsen, Mr. Johnson of
South Dakota, Mr. Waxman, Ms. Eddie Bernice Johnson of Texas,
Mr. Bonior, Mr. Horn, Mr. Callahan, Mr. Boehlert, Mr. Hayes,
and Mr. Evans.
H.R. 3086: Mr. Parker and Mr. Shays.
H.R. 3087: Mr. Pomeroy, Mr. Rose, and Mr. Studds.
H.R. 3102: Mr. Barrett of Wisconsin.
H.R. 3145: Mr. Spence, Mr. Gilchrest, and Mr. Upton.
H.R. 3146: Mr. Pombo.
H.R. 3222: Mr. Bishop.
H.R. 3232: Mr. Emerson.
H.R. 3256: Mr. Parker.
H.R. 3288: Mr. LaFalce.
H.R. 3290: Mr. Wise, Ms. Waters, Mr. Ackerman, Mr. Romero-
Barcelo, and Mr. Sanders.
H.R. 3293: Mrs. Bentley.
H.R. 3306: Mr. Hinchey.
H.R. 3309: Mr. Lantos and Mr. Sabo.
H.R. 3328: Ms. Pryce of Ohio, Mr. Hutchinson, and Mr.
Bishop.
H.R. 3360: Mr. Bateman, Mr. Barcia of Michigan, Mr.
Pickett, Mr. Gilchrest, Mr. Gillmor, and Mr. Yates.
H.R. 3363: Mr. Johnston of Florida.
H.R. 3392: Mr. Penny and Mr. Kingston.
H.R. 3421: Mr. Levy, Mr. Archer, Mr. Istook, Mr. McMillan,
Mr. Knollenberg, Mr. Hastert, and Ms. Pryce of Ohio.
H.R. 3434: Mr. Rangel.
H.R. 3500: Mr. Fish.
H.R. 3507: Mr. Minge and Mr. Talent.
H.R. 3513: Mr. Kreidler.
H.R. 3523: Mr. Bartlett of Maryland, Mr. Castle, Mrs.
Morella, Mr. Deutsch, Mr. Doolittle, Mr. Lightfoot, Mr.
Greenwood, Ms. Danner, and Mrs. Fowler.
H.R. 3527: Mr. DeLauro.
H.R. 3563: Mrs. Fowler and Mr. Cunningham.
H.R. 3564: Mr. Foglietta.
H.R. 3569: Mrs. Lloyd and Mr. Traficant.
H.R. 3600: Mr. Bishop.
H.R. 3614: Mr. Beilenson and Mr. Foglietta.
H.R. 3633: Mr. Ewing, Mr. Kyl, Mr. Inhofe, Mr. Callahan,
Mr. Upton, Mr. Kingston, Mr. Zimmer, Mr. Solomon, and Mr.
Bonilla.
H.R. 3660: Mr. Evans, and Mr. Stokes.
H.R. 3663: Mr. Andrews of Maine, Mr. Reynolds, and Mr.
Olver.
H.R. 3695: Mr. Archer, Mr. McMillan, and Mr. Kolbe.
H.R. 3699: Ms. McKinney, Mr. Fields of Louisiana, Mr.
Flake, Mr. Blackwell, Mrs. Collins of Illinois, Mr. Scott,
Mr. Rangel, Ms. Eddie Bernice Johnson of Texas, Ms. Waters,
Mr. Owens, Mrs. Clayton, Mr. Washington, Mr. Payne of New
Jersey, Mr. Rush, Mr. Clyburn, Mr. Wynn, Mr. Conyers, Mr.
Watt, Mr. Tucker, Mr. Wheat, Mr. Reynolds, Ms. Brown of
Florida, Mr. Hastings, Mr. Dixon, Mr. Ford of Tennessee, and
Ms. Velazquez.
H.R. 3725: Mr. Dornan, Mr. Barrett of Wisconsin, Mr. Levy,
Mr. Torkildsen, Mr. Bartlett of Maryland, Mr. Kim, Mr.
Manzullo, Mr. Linder, and Mr. Cox.
H.R. 3727: Mr. Cox, Mr. Greenwood, Mr. Franks of
Connecticut, Mr. Paxon, Mr. Mica, Mr. Thomas of California,
and Mr. Portman.
H.R. 3771: Mr. Deutsch and Mr. Foglietta.
H.R. 3808: Mr. Bishop.
H.R. 3814: Mr. Livingston, Mr. Weldon, Mr. Mann, Mr. Goss,
Mr. Bateman, and Mr. Walker.
H.R. 3827: Mr. Abercrombie, Mr. Gene Green of Texas, and
Mrs. Morella.
H.J. Res. 9: Mr. Canady and Mr. Hutchinson.
H.J. Res. 22: Mr. Roberts and Mr. Linder.
H.J. Res. 129: Mr. Levy.
H.J. Res. 131: Mr. Greenwood, Mr. Deutsch, and Mr. Reed.
H.J. Res. 253: Mr. Lightfoot.
H.J. Res. 254: Mr. Andrews of New Jersey.
H.J. Res. 278: Mr. Faleomavaega, Mr. Johnson of South
Dakota, Mr. Bacchus of Florida, and Ms. DeLauro.
H.J. Res. 302: Mr. Andrews of New Jersey and Mr.
Hochbrueckner.
H.J. Res. 310: Mr. Sabo, Mr. Lancaster, Mr. Martinez, and
Mrs. Morella.
H. Con. Res. 37: Mr. Barrett of Wisconsin.
H. Con. Res. 68: Mr. Inglis of South Carolina.
H. Con. Res. 93: Mr. Torkildsen.
H. Con. Res. 110: Mr. Bartlett of Maryland and Mr. Skelton.
H. Con. Res. 124: Mr. Kildee, Mr. Wilson, and Mr. Sawyer.
H. Con. Res. 147: Mr. Sarpalius and Mr. Andrews of New
Jersey.
H. Con. Res. 199: Mr. Bachus of Florida, Mr. Hansen, Mr.
Ravenel, Mr. Hall of Ohio, Mr. Deutsch, Ms. DeLauro, Ms.
Norton, Mr. Gallegly, Mr. King, Mr. Barrett of Wisconsin, Mr.
Linder, Mr. Sisisky, Mr. Solomon, Mr. Gejdenson, Mr. McNulty,
Mr. Glickman, Mr. Moakley, Mr. Kasich, Mr. Martinez, Mr.
Rangel, Mr. Horn, Mr. Levy, Mr. Archer, and Mr. Shays.
H. Res. 238: Mr. Santorum, Ms. Dunn, Mr. Collins of
Georgia, Mr. Penny, Mr. Inhofe, Mr. Levy, Mr. Mica, Mr.
Talent, Mr. Coble, Mr. Huffington, and Mr. Nussle.
Para. 9.42 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 2241: Mr. Sharp.
H.R. 3325: Mr. Walsh.
.
FRIDAY, FEBRUARY 11, 1994 (10)
The House was called to order by the SPEAKER.
Para. 10.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Thursday, February 10, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 10.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2568. A letter from the Under Secretary, Department of
Defense, transmitting a report entitled, ``Report on the
Performance of Department of Defense Commercial Activities,''
pursuant to 10 U.S.C. 2461(c); to the Committee on Armed
Services.
2569. A letter from the Secretary of Health and Human
Services, transmitting a draft of proposed legislation
entitled, ``Head Start Act Amendments of 1994''; to the
Committee on Education and Labor.
2570. A letter from the Acting Assistant Attorney General,
Department of Justice, transmitting notification of a revised
system of records to implement section 815 of the 1993
National Defense Authorization Act, pursuant to 5 U.S.C.
552a(r); to the Committee on Government Operations.
2571. A letter from the Secretary of the Treasury,
transmitting the Treasury forfeiture fund annual financial
statements and supplemental information; to the Committee on
Government Operations.
2572. A letter from the Acting Director of Communications
and Legislative Affairs, U.S. Equal Employment Opportunity
Commission, transmitting a copy of the annual report in
compliance with the Government in the Sunshine Act during the
calendar year 1993, pursuant to 5 U.S.C. 552b(j); to the
Committee on Government Operations.
2573. A letter from the Director, Office of Personnel
Management, transmitting the 15th annual report on the
Federal Equal Opportunity Recruitment Program, pursuant to 5
U.S.C. 7201; to the Committee on Post Office and Civil
Service.
2574. A letter from the Secretary, Department of Commerce,
transmitting the 1993 annual report of the Visiting Committee
on Advanced Technology of the National Institute of Standards
and Technology, pursuant to Public Law 100-418, section
5131(b) (102 Stat. 1443); to the Committee on Science, Space,
and Technology.
Para. 10.3 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed without amendment a bill and concurrent
resolution of the House of the following titles:
H.R. 3617. An Act to amend the Everglades National Park
Protection and Expansion Act of 1989, and for other purposes.
H. Con. Res. 206. Concurrent resolution providing for an
adjournment of the House from Thursday, February 10, 1994,
through Friday, February 18, 1994, to Tuesday, February 22,
1994 and an adjournment or recess of the Senate from
Thursday, February 10, 1994, through Friday, February 18,
1994, to Tuesday, February 22, 1994.
Para. 10.4 communication from the clerk--message from the senate
The SPEAKER pro tempore, Mr. MONTGOMERY, laid before the House a
communication, which was read as follows:
House of Representatives,
Washington, DC, February 11, 1994.
Hon. Thomas S. Foley,
The Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, the Clerk received at 9:30 p.m. on Thursday,
February 10, 1994 the following message from the Secretary of
the Senate: That the Senate passed with an amendment H.R.
3759 and requested a conference thereon.
In accordance with action taken by the House on Thursday,
February 10, 1994, the Clerk has notified the Senate that the
House disagreed to amendment of the Senate to H.R. 3759, and
agreed to a conference thereon.
With great respect, I am
Sincerely yours,
Donnald K. Anderson,
Clerk.
Para. 10.5 order of business--consideration of the conference report on
h.r. 3759
On motion of Mr. FAZIO, by unanimous consent,
Ordered, That it may be in order today for the House to consider the
conference report on the bill (H.R. 3759) making emergency supplemental
appropriations for the fiscal year ending September 30, 1994, and for
other purposes; and all points of order against said conference report
and its consider-
[[Page 98]]
ation are hereby waived, and said conference report shall be considered
as read when called up.
Para. 10.6 notice requirement--consideration of resolution--question of
privileges
Mr. ISTOOK, pursuant to clause 2(a)(1) of rule IX, announced his
intention to call up the resolution (H. Res. 238) calling upon the
Committee on Standards of Official Conduct to conduct an investigation
into activity at the House Post Office to determine whether House rules
were broken or whether public funds were embezzled by Members, as a
question of the privileges of the House, within the two legislative days
as provided for in rule IX.
Para. 10.7 recess--2:45 p.m.
The SPEAKER pro tempore, Mr. WYDEN, pursuant to clause 12 of rule I,
declared the House in recess at 2 o'clock and 45 minutes p.m., until 6
p.m.
Para. 10.8 after recess--6:11 p.m.
The SPEAKER called the House to order.
Para. 10.9 further message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate agreed to the amendment of the House to the amendment of
the Senate to the bill (H.R. 2339) ``An Act to revise and extend the
programs of the Technology-Related Assistance for Individuals With
Disabilities Act of 1988, and for other purposes.''.
Para. 10.10 submission of conference report--h.r. 3759
Mr. SMITH of Iowa, submitted a conference report (Rept. No. 103-424)
on the bill (H.R. 3579) making emergency supplemental appropriations for
the fiscal year ending September 30, 1994, and for other purposes;
together with a statement thereon, for printing in the Record under the
rule.
Para. 10.11 emergency supplemental appropriations FY-1994
Mr. SMITH of Iowa, pursuant to the special order agreed to earlier
today, called up the following conference report (Rept. No. 103-424):
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the Senate to the bill (H.R.
3759) ``making emergency supplemental appropriations for the
fiscal year ending September 30, 1994, and for other
purposes'', having met, after full and free conference, have
agreed to recommend and do recommend to their respective
Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate to the bill, and agree to the same
with an amendment as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, to provide
emergency supplemental appropriations for the fiscal year
ending September 30, 1994, and for other purposes, namely:
TITLE I--EMERGENCY SUPPLEMENTAL APPROPRIATIONS
CHAPTER I
DEPARTMENT OF AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Soil Conservation Service
WATERSHED AND FLOOD PREVENTION OPERATION
For an additional amount for ``Watershed and flood
prevention operations'' to repair damage to the waterways and
watersheds resulting from the Midwest floods and California
fires of 1993 and other natural disasters, and for other
purposes, $340,500,000, to remain available until expended:
Provided, That such assistance may be made available when the
primary beneficiary is agriculture or agribusiness regardless
of drainage size and no more than $50,000,000 may be spent as
a result of this proviso for purposes not currently covered
by the Soil Conservation Service: Provided further, That such
amounts are designated by Congress as emergency requirements
pursuant to section 251(b)(2)(D)(i) of the Balanced Budge and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That if the Secretary determines that the cost of
land and levee restoration exceeds the fair market value of
an affected cropland, the Secretary may use sufficient
amounts from funds provided under this heading to accept bids
from willing sellers to enroll such cropland inundated by the
Midwest floods of 1993 in any of the affected States in the
Wetlands Reserve Program, authorized by subchapter C of
chapter 1 of subtitle D of title XII of the Food Security Act
of 1985 (16 U.S.C. 3837).
Agricultural Stabilization and Conservation Service
emergency conservation program
For an additional amount for ``Emergency conservation
program'' for expenses resulting from the Midwest floods and
California fires of 1993 and other natural disasters,
$25,000,000, to remain available until September 30, 1995:
Provided, That such amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
Commodity Credit Corporation
Funds made available in Public Law 103-75 for the Commodity
Credit Corporation shall be available to fund the costs of
replanting, reseeding, or repairing damage to commercial
trees and seedlings, including orchard and nursery inventory
as a result of the Midwest Floods of 1993 or other natural
disasters: Provided, That the use of these funds for these
purposes is designated by Congress as an emergency
requirement pursuant to section 251(b(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, and that such use shall be available only to the
extent the President designates such use an emergency
requirement pursuant to such Act.
The first proviso of the matter under the heading
``Commodity Credit Corporation'' of chapter I of the
Emergency Supplemental Appropriations for Relief from the
Major, Widespread Flooding in the Midwest Act of 1993 (Public
Law 103-75; 107 Stat. 741) is amended by inserting after the
colon at the end, the following: ``Provided further, That
such funds shall also be available for payments to producers
for the 1993, 1994, and 1995 crops of papaya if (1) the
papaya would have been harvested if the papaya plants had not
been destroyed by Hurricanes Andrew or Iniki or Typhoon Omar,
and (2) the papaya plants would not have produced fruit for a
lifetime total of more than 3 crop years based on normal
cultivation practices:''. Payments to papaya producers shall
be made only to the extent that claims for the payments are
filed not later than the date that is 60 days after the date
of enactment of this Act: Provided, That the use of funds for
this purpose is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, and that such use shall be available only to the
extent the President designates such use an emergency
requirement pursuant to such Act.
Funds made available in Public Law 103-75 for the Commodity
Credit Corporation shall be made available to fund crop loss
disaster assistance as under the provisions of Public Law
101-624 for 1993 losses of trees, shrubs, or nursery stock
and inventory being grown for commercial sale, if such stock
or inventory would normally have been sold in 1993, 1994, or
1995: Provided, That the use of these funds for these
purposes is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, and that such use shall be available only to the
extent the President designates such use an emergency
requirement pursuant to such Act.
CHAPTER 2
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES
RELATED AGENCY
Small Business Administration
disaster loans program account
For an additional amount for emergency expenses resulting
from the January 1994 earthquake in Southern California and
other disasters, $309,750,000, to remain available until
expended, of which up to $55,000,000 may be transferred to
and merged with the appropriations for ``Salaries and
expenses'' for associated administrative expenses: Provided,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
ADMINISTRATIVE PROVISIONS
Sec. 201. Section 24 of the Small Business Act (15 U.S.C.
651) is amended in subsection (a) by striking the period at
the end thereof and by inserting in lieu thereof the
following: ``, and shall give priority to a proposal to
restore an area determined to be a major disaster by the
President on a date not more than three years prior to the
fiscal year for which the application is made.''.
Sec. 202. Of the $258,900,000 made available under the
heading, ``Small Business Administration, Salaries and
Expenses'' in Public Law 103-121, the $18,000,000 included in
that total amount and designated under such heading to carry
out section 24 of the Small Business Act, as amended, shall
remain available until September 30, 1995.
CHAPTER 3
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$6,600,000: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$19,400,000: Provided, That the entire amount is designated
by Congress
[[Page 99]]
as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $18,400,000: Provided, That the entire amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $420,100,000: Provided, That the entire amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $104,800,000: Provided, That the entire amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $560,100,000: Provided, That the entire amount
is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $21,600,000: Provided, That the entire amount
is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement,
Army'', $20,300,000, to remain available for obligation until
September 30, 1996: Provided, That the entire amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Other Procurement, Army
For an additional amount for ``Other Procurement Army'',
$200,000, to remain available for obligation until September
30, 1996: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $26,800,000, to remain available for obligation
until September 30, 1996: Provided, That the entire amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS--CHAPTER 3
Sec. 301. Notwithstanding sections 607 and 630 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2357 and 22 U.S.C.
2390), reimbursements received from the United Nations for
expenses of the Department of Defense charged to the
appropriations provided by this Act shall be deposited to the
miscellaneous receipts of the Treasury.
Sec. 302. Funds appropriated in this chapter shall only be
obligated and expended to fund the incremental and associated
costs of the Department of Defense incurred in connection
with the ongoing United States operations relating to
Somalia; the ongoing United States humanitarian airdrops,
hospital operations, and enforcement of the no-fly zone
relating to Bosnia; the ongoing United States operations
relating to Southwest Asia; and the ongoing United States
operations supporting the maritime interception operations
relating to Haiti.
Sec. 303. During the current fiscal year, the Department of
Defense is authorized to incur obligations of not to exceed
$250,000,000 for purposes specified in Section 2350j(c) of
Title 10, United States Code in anticipation of receipt of
contributions, only from the Government of Kuwait, under that
section: Provided, That, upon receipt, such contributions
from the Government of Kuwait shall be credited to the
appropriation or fund which incurred such obligations.
CHAPTER 4
ENERGY AND WATER DEVELOPMENT
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
Flood Control and Coastal Emergencies
For an additional amount for ``Flood control and coastal
emergencies'', $70,000,000, to remain available until
expended: Provided, That such amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
The prohibition against obligating funds for construction
until sixty days from the date the Secretary transmits a
report to the Congress in accordance with section 5 of the
Reclamation Safety of Dams Act of 1978 (43 U.S.C. 509) is
waived for the Crooked River Project, Ochoco Dam, Oregon, to
allow for an earlier start of emergency repair work.
CHAPTER 5
DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, EDUCATION, AND RELATED
AGENCIES
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Low-Income Home Energy Assistance
Of the amounts provided under this heading in Public Law
103-112 and designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, subject to the terms and conditions specified in
Public Law 103-112, $300,000,000, if designated by the
President as an emergency, may be allotted by the Secretary
of the Department of Health and Human Services, as she
determines is appropriate, to any one or more of the
jurisdictions funded under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, to meet emergency needs.
The second paragraph under this heading in Public Law 102-
394 is amended as follows: strike ``June 30, 1994'' and
insert ``September 30, 1994''.
DEPARTMENT OF EDUCATION
impact aid
For carrying out disaster assistance activities resulting
from the January 1994 earthquake in Southern California and
other disasters as authorized under section 7 of Public Law
81-874, $165,000,000, to remain available through September
30, 1995: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
student financial assistance
For an additional amount for ``Student financial
assistance'' for payment of awards made under title IV, part
A, subpart 1 of the Higher Education Act of 1965, as amended,
$80,000,000, to remain available through September 30, 1995:
Provided, That notwithstanding sections 442(e) and 462(j) of
such Act, the Secretary may reallocate, for use in award year
1994-1995 only, any excess funds returned to the Secretary of
Education under the Federal Work-Study or Federal Perkins
Loan programs from award year 1993-1994 to assist individuals
who suffered financial harm from the January 1994 earthquake
in Southern California and other disasters: Provided further,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That fiscal year 1992
Federal Work-Study and Federal Perkins Loan funds that were
reallocated to institutions for use in award year 1993-1994,
pursuant to Public Law 103-75, and fiscal year 1992 Federal
Supplemental Educational Opportunity Grant funds that were
reallocated to institutions by the Secretary for use in award
year 1993-1994, pursuant to section 413D(e) of the Higher
Education Act of 1965, as amended, to assist individuals who
suffered financial harm as a result of the Midwest floods of
1993 shall remain available for use in award year 1994-1995
by institutions that received such reallocations.
CHAPTER 6
DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES
FEDERAL HIGHWAY ADMINISTRATION
Federal-Aid Highways
emergency relief program
(highway trust fund)
For the Emergency Fund authorized by 23 U.S.C. 125 to cover
expenses arising from the January 1994 earthquake in Southern
California and other disasters, $950,000,000; and in addition
$400,000,000 which shall be available only to the extent an
official budget request for a specific dollar amount, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress, all to be
derived from the Highway Trust Fund and to remain available
until expended: Provided, That the entire amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That the limitation on obligations per State in 23
U.S.C. 125(b) shall not apply to projects relating to such
earthquake: Provided further, That notwithstanding 23 U.S.C.
120(e), the Federal share for any project on the Federal-aid
highway system related to such earthquake shall be 100
percent for the costs incurred in the 180 day period
beginning on the date of the earthquake: Provided further,
That notwithstanding any other provision of law, of the funds
made available by the Dire Emergency Supplemental
Appropriations Act, 1992 (Public Law 102-368) under ``Federal
Highway Administration Metropolitan Planning (Highway Trust
Fund),'' $337,000 of the funds received by Hawaii shall be
made available by the State of Hawaii directly to the County
of Kauai, Hawaii, for conducting comprehensive reviews of
transportation infrastructure needs incurred in connection
with Hurricane Iniki, and, these funds shall remain available
until expended.
[[Page 100]]
In addition, for emergency expenses resulting from the Loma
Prieta earthquake of October 17, 1989, as authorized by 23
U.S.C. 125, $315,000,000, to be derived from the Highway
Trust Fund and to remain available until expended: Provided,
That such amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
CHAPTER 7
DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND
INDEPENDENT AGENCIES
DEPARTMENT OF VETERANS AFFAIRS
Veterans Health Administration
MEDICAL CARE
For an additional amount for emergency expenses resulting
from the January 1994 earthquake in Southern California,
$21,000,000, to remain available until expended, of which not
to exceed $802,000 is available for transfer to General
Operating Expenses, the Guaranty and Indemnity Program
Account, and the Vocational Rehabilitation Loans Program
Account: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
CONSTRUCTION, MAJOR PROJECTS
For an additional amount for ``Construction, major
projects'' for emergency expenses resulting from the January
1994 earthquake in Southern California and other disasters,
$45,600,000, to remain available until expended, of which
such sums as may be necessary may be transferred to the
``Medical care'' and ``Construction, minor projects''
accounts: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Housing Programs
ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING
For an additional amount under this head, $225,000,000 to
remain available until December 31, 1995, of which
$200,000,000 shall be for rental assistance under the section
8 existing housing certificate program (42 U.S.C. 1437f and
the housing voucher program under section 8(o) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)), and
$25,000,000 shall be for the modernization of existing public
housing projects pursuant to section 14 of the United States
Housing Act of 1937 (42 U.S.C. 1437l): Provided, That these
funds shall be used first to replenish amounts used from the
headquarters reserve established pursuant by section
213(d)(4)(A) of the Housing and Community Development Act of
1974, as amended, for assistance to victims of the January
1994 earthquake in Southern California: Provided further,
That any amounts remaining after the headquarters reserve has
been replenished shall be available under such programs for
additional assistance to victims of the earthquake referred
to above: Provided further, That in administering these
funds, the Secretary may waive or specify alternative
requirements for any provision of any statute or regulation
that the Secretary administers in connection with the
obligation by the Secretary or any use by the recipient of
these funds, except for the requirements relating to fair
housing and non-discrimination, the environment, and labor
standards, upon finding that such wavier is required to
facilitate the obligation and use of such funds and would not
be inconsistent with the overall purposes of the statute or
regulation: Provided further, That the entire amount if
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
FLEXIBLE SUBSIDY FUND
For emergency assistance to owners of eligible multi-family
housing projects damaged by the January 1994 earthquake in
Southern California who are either insured or formerly
insured under the National Housing Act, as amended, or
otherwise eligible for assistance under section 201(c) of the
Housing and Community Development Amendments of 1978, as
amended (12 U.S.C. 1715z-1a), in the program of assistance
for troubled multifamily housing projects under the Housing
and Community Development Amendments of 1978, as amended,
$100,000,000, to remain available until September 30, 1995:
Provided, That assistance to an owner of a multifamily
housing project assisted, but not insured under the National
Housing Act, may be made if the project owner and the
mortgagee have provided or agreed to provide assistance to
the project in a manner as determined by the Secretary of
Housing and Urban Development: Provided further, That
assistance is for the repair of damage or the recovery of
losses directly attributable to the Southern California
earthquake of 1994: Provided further, That in administering
these funds, the Secretary may waive, or specify alternative
requirements for, any provision of any statute or regulation
that the Secretary administers in connection with the
obligation by the Secretary or any use by the recipient of
these funds, except for statutory requirements relating to
fair housing and non-discrimination, the environment, and
labor standards, upon finding that such waiver is required to
facilitate the obligation and use of such funds, and would
not be inconsistent with the overall purpose of the statute
or regulation: Provided further, That after assisting
economically viable FHA insured projects, to the extent funds
remain available the Secretary may provide assistance to
economically viable projects assisted with a loan made under
section 312 of the National Housing Act of 1964 and projects
assisted under section 8 of the United States Housing Act of
1937 but not insured under the National Housing Act: Provided
further, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
Federal Housing Administration
For higher mortgage limits and improved access to mortgage
insurance for victims of the January 1994 earthquake in
Southern California, title II of the National Housing Act, as
amended, is further amended, as follows:
(1) In section 203(h), by--
(A) striking out ``section 102(2) and 401 of the Disaster
Relief and Emergency Assistance Act'' and inserting ``Robert
T. Stafford Disaster Relief and Emergency Assistance Act'';
and
(B) adding the following new sentence at the end thereof:
``In any case in which the single family residence to be
insured under this subsection is within a jurisdiction in
which the President has declared a major disaster to have
occurred, the Secretary is authorized, for a temporary period
not to exceed 18 months from the date of such Presidential
declaration, to enter into agreements to insure a mortgage
which involves a principal obligation of up to 100 percent of
the dollar limitation determined under section 305(a)(2) of
the Federal Home Loan Mortgage Corporation Act for single
family residence,
and not in excess of 100 percent of the appraised value.''.
(2) In section 203(k), by adding at the end thereof the
following new paragraphs;
``(6) The Secretary is authorized, for a temporary period
not to exceed 18 months from the date on which the President
has declared a major disaster to have occurred, to enter into
agreements to insure a rehabilitation loan under this
subsection which involves a principal obligation of up to 100
percent of the dollar limitation determined under section
305(a)(2) of the Federal Home Loan Mortgage Corporation Act
for a residence of the applicable size, if such loan is
secured by a structure and property that are within a
jurisdiction in which the President has declared such
disaster, pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, and if such loan otherwise
conforms to the loan-to-value ratio and other requirements of
this subsection.''.
(3) In section 234(c), by inserting after ``203(b)(2)'' in
the third sentence the phrase: ``or pursuant to section
203(h) under the conditions described in section 203(h)''.
Eligibility for loans made under the authority granted by
the preceding paragraph shall be limited to persons whose
principal residence was damaged or destroyed as a result of
the January 1994 earthquake in Southern California: Provided,
That the provisions under this heading shall be effective
only for the 18 month period following the date of enactment
of this Act.
Community Planning and Development
community development grants
For an additional amount for ``Community development
grants'', as authorized under title I of the Housing and
Community Development Act of 1974, for emergency expenses
resulting from the January 1994 earthquake in Southern
California or the Midwest Floods of 1993, $500,00,000, to
remain available until September 30, 1996 for all activities
eligible under such title I except those activities
reimbursable by the Federal Emergency Management Agency
(FEMA) or available through the Small Business Administration
(SBA): Provided, That from this amount, the Secretary may
transfer up to $75,000,000 to the ``HOME investment
partnerships program'', as authorized under title II of the
Cranston-Gonzalez National Affordable Housing Act, as amended
(Public Law 101-625), to remain available until expended, as
an additional amount for such emergency expenses for all
activities eligible under such title II except activities
reimbursable by FEMA or available through SBA: Provided
further, That the recipients of amounts under this
appropriation, including the foregoing transfer (if any),
shall use such amounts first to replenish amounts previously
obligated under their Community Development Block Grant or
HOME programs, respectively, in connection with the Southern
California earthquake of January 1994: Provided further, That
in administering these funds, the Secretary may waive, or
specify alternative requirements for, any provision of any
statute or regulation that the Secretary administers in
connection with the obligation by the Secretary or any use by
the recipient of these funds, except for statutory
requirements relating to fair housing and nondiscrimination,
the environment, and labor standards, upon finding that such
waiver is required to facilitate the obligation and use of
such funds, and would not be inconsistent with the overall
purpose of the statute or regulation: Provided further, That
with respect to funds made available by this head that are
proposed to be used by recipients affected by the Midwest
floods of 1993 for the purpose of hazard mitigation through
flood plain real property acquisition or relocation, the
Secretary shall secure as-
[[Page 101]]
surances from grantees that such activities will be subject
to the requirements of sections 3 and 4 of the Hazard
Mitigation and Relocation Assistance Act of 1993 (Public Law
103-181, 107 Stat. 2054-2056): Provided further, That the
entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
INDEPENDENT AGENCIES
Federal Emergency Management Agency
disaster relief
For an additional amount for ``Disaster Relief'' for the
January 1994 earthquake in Southern California and other
disasters, $4,709,000,000 to remain available until expended:
Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
emergency management planning and assistance
For an additional amount for ``Emergency Management
Planning and Assistance'', to carry out activities under the
Earthquake Hazards Reduction Act of 1977, as amended (42
U.S.C. 7701 et seq.) $15,000,000, to remain available until
expended, to study the January 1994 earthquake in Southern
California in order to enhance seismic safety throughout the
United States: Provided, That the entire amount is designated
by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
CHAPTER 8
FUNDS APPROPRIATED TO THE PRESIDENT
Unanticipated Needs
For an additional amount for emergency expenses resulting
from the January 1994 earthquake in Southern California, the
Midwest Floods and other disasters, $550,000,000, to remain
available until expended: Provided, That these funds may be
transferred to any authorized Federal governmental activity
to meet the requirements of such disasters: Provided further,
That the entire amount shall be available only to the extent
that an official budget request for a specific dollar amount,
that includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to Congress: Provided further,
That the President's request shall specifically identify
programs, projects and activities to be funded and no funds
shall be available for 15 days after the submission of the
request: Provided further, That the entire amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
This title may be cited as the ``Emergency Supplemental
Appropriations Act of 1994''.
TITLE II--SUPPLEMENTAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 1994
CHAPTER I
DEPARTMENT OF AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Agricultural Research Service
(transfer of funds)
Funds made available under this heading in Public Law 103-
111 and subsequently transferred to the Human Nutrition
Information Service pursuant to Secretary's Memorandum No.
1020-39, dated September 30, 1993, are transferred to the
Agricultural Research Service: Provided, That funds
appropriated by Public Law 103-111 for the functions of the
former Human Nutrition Information Service shall be made
available only to the Agricultural Research Service.
Extension Service
(including transfer of funds)
For an additional amount for ``Extension Service,''
$1,400,000, to remain available until September 30, 1995, of
which up to $750,000 may be transferred to the Cooperative
State Research Service.
Agricultural Marketing Service
marketing services
(transfer of funds)
Funds made available under this heading in Public Law 103-
111 and subsequently transferred to the Agricultural
Cooperative Service pursuant to Secretary's Memorandum No.
1020-39, dated September 30, 1993, are transferred to the
Rural Development Administration.
payments to states and possessions
(transfer of funds)
Of the funds made available under this heading in Public
Law 103-111 and subsequently transferred to the Agricultural
Cooperative Service pursuant to Secretary's Memorandum No.
1020-39, dated September 30, 1993, $435,000 are transferred
to the Rural Development Administration.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
salaries and expenses
For an additional amount for ``Salaries and expenses'' from
fees collected pursuant to section 736 of the Federal Food,
Drug, and Cosmetic Act, not to exceed $2,284,000 to remain
available until expended: Provided, That fees derived from
applications received during fiscal year 1994 shall be
credited to the appropriation current in the year in which
fees are collected and subject to the fiscal year 1994
limitation.
CHAPTER 2
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES
DEPARTMENT OF JUSTICE
Federal Bureau of Investigation
salaries and expenses
For an additional amount for ``Salaries and expenses'' to
defray expenses for the automation of fingerprint
identification services and related costs, $20,000,000, to
remain available until expended: Provided, That these funds
shall be available to the Federal Bureau of Investigation to
hire 500 employees to carry out the automation of fingerprint
services without regard to any employment ceiling imposed by
the President or by law.
Administrative Provision
For fiscal year 1994 only, the Director of the Bureau of
Justice Assistance, upon good cause shown, may waive the
provisions of section 504(f) of the Omnibus Crime Control and
Safe Streets Act of 1968 for projects located in communities
covered under a Presidentially declared disaster pursuant to
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act.
RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Maritime Administration
administrative provision
The Secretary of Transportation may use up to $1,500,000 of
the proceeds derived from the sale or disposal of National
Defense Reserve Fleet vessels, that are currently collected
and retained by the Maritime Administration, to relocate,
repair and lay up the Nuclear Ship SAVANNAH.
Office of the United States Trade Representative
salaries and expenses
For an additional amount for ``Salaries and expenses'',
$550,000, to remain available until expended.
United States Information Agency
salaries and expenses
Notwithstanding the provisions of this or any other Act,
not to exceed $2,000,000 of the funds made available under
this heading in Public Law 103-121 may be used to carry out
projects involving security construction and related
improvements for Agency facilities not physically located
together with Department of State facilities abroad:
Provided, That such funds may remain available until
expended.
CHAPTER 3
DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES
DEPARTMENT OF THE INTERIOR
United States Fish and Wildlife Service
resource management
(including transfer of funds)
For an additional amount for ``Resource management'' to
carry out the Forest Plan in the Pacific Northwest,
$2,100,000, of which $400,000 shall be derived by transfer
from the ``Oil spill emergency fund'' and $1,700,000 shall be
derived by transfer from the ``Compact of Free Association''.
land acquisition
(including transfer of funds)
For an additional amount for ``Land acquisition'' for the
acquisition of land or interests in land, from willing
sellers, in the Midwest area flooded in 1993, $4,000,000, to
remain available until expended, to be derived by transfer
from amounts appropriated to the United States Fish and
Wildlife Service under the heading ``Construction and
anadromous fish'' in Public Law 103-75, to be used for
nonstructural measures to meet flood damage control and fish
and wildlife habitat restoration objectives.
National Park Service
construction
For an additional amount for ``Construction'', to replenish
funds used for emergency actions related to storm damaged
facilities within National Park System areas, $13,102,000, to
remain available until expended.
land acquisition and state assistance
For an additional amount for ``Land acquisition and State
assistance'', $1,274,000, to be derived from the Land and
Water Conservation Fund, to remain available until expended,
to replenish funds used for emergency actions related to
storm damaged facilities within National Park System areas;
and in addition, an additional amount not to exceed
$5,000,000, to remain available until expended, to be derived
by transfer from balances under the heading ``Construction'',
for project modifications authorized by section 104 of the
Everglades National Park Protection and Expansion Act of
1989, to be available for Federal assistance to the State of
Florida for acquisition of lands or interests therein
adjacent to, or affecting the restoration of, natural water
flows to Everglades National Park and Florida Bay.
Bureau of Indian Affairs
operation of indian programs
The paragraph under this heading in Public Law 103-138 is
amended by inserting the
[[Page 102]]
words ``not to exceed'' before the amount ``$316,111,000''.
construction
For an additional amount for ``Construction'', $12,363,000,
to remain available until expended.
indian land and water claim settlements and miscellaneous payments to
indians
The paragraph under this heading in Public Law 103-138 is
amended by adding the following before the last period: ``,
and (3) to reimburse Indian trust fund account holders for
loss(es) to their respective accounts where the claim for
said loss(es) has been reduced to a judgment or settlement
agreement approved by the Department of Justice''.
DEPARTMENT OF ENERGY
Administrative Provisions, Department of Energy
Section 303 of Public Law 97-257, as amended, is repealed.
The seventh proviso under the head ``Clean Coal
Technology'' in Public Law 101-512, and the seventh proviso
under the head ``Clean Coal Technology'' in Public Law 102-
154, both concerning Federal employment, are repealed.
CHAPTER 4
DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, EDUCATION, AND RELATED
AGENCIES
DEPARTMENT OF LABOR
Employment and Training Administration
advances to the unemployment trust fund and other funds
For an additional amount for ``Advances to the unemployment
trust fund and other funds,'' $61,400,000, to remain
available until September 30, 1995.
Bureau of Labor Statistics
salaries and expenses
For an additional amount for ``Salaries and expenses'' for
the current population parallel survey, $10,100,000
CHAPTER 5
LEGISLATIVE BRANCH
CONGRESSIONAL OPERATIONS
SENATE
Salaries, Officers and Employees
For an additional amount for ``Office of the Secretary'',
$450,000.
Contingent Expenses of the Senate
secretary of the senate
For an additional amount for expenses of the ``Office of
the Secretary of the Senate'', $600,000.
HOUSE OF REPRESENTATIVES
Payments to Widows and Heirs of Deceased Members of Congress
For payment to Karen A. Henry, widow of Paul B. Henry, late
a Representative from the State of Michigan, $133,600.
CHAPTER 6
DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Coast Guard
operating expenses
(transfers of fund)
Of funds provided under this heading under Public Law 103-
75, $4,000,000 shall, in combination with funds made
available under this heading under Public Law 102-368, be
made available for operating, acquisition, construction, and
improvement costs associated with the Midwest floods, and
shall remain available until expended.
acquisition, construction, and improvements
(transfer of funds)
Of the funds made available under this heading under Public
Law 102-368, $2,000,000 shall be made available for costs
associated with the Midwest floods, and shall remain
available until expended.
Federal Railroad Administration
pennsylvania station redevelopment project
For grants to the National Railroad Passenger Corporation,
$10,000,000, to remain available until expended, for
engineering and design activities to enable the James A.
Farley Post Office in New York City to be used as a train
station and commercial center: Provided, That the Secretary
may retain from these funds such amounts as the Secretary
shall deem appropriate to undertake the environmental and
historic preservation analyses associated with this project:
Provided further, That no funds provided under this head
shall be available for construction until the Secretary
submits a report to the House and Senate Committees on
Appropriations regarding the financing of necessary
improvements to the existing Pennsylvania Station and the
financing of the operating and capital costs accruing to the
commuter rail authorities operating in said station as a
result of this redevelopment project.
trust fund share of next generation rail technology development
(highway trust fund)
The obligation limitation for the ``High-Speed Ground
Transportation'' program in Public Law 103-122 is amended by
deleting ``$3,500,000'' and inserting ``$7,952,000''.
General Provision
Section 310(c)(3) of the Department of Transportation and
Related Agencies Appropriations Act, 1994, is amended by--
(a) inserting ``6005,'' after ``6001,''; and
(b) inserting ``: Provided, That notwithstanding any other
provision of law, amounts made available under section 6005
of Public Law 102-240 shall be subject to the obligation
limitation for Federal-aid highways and highway safety
construction programs under the head `Federal-Aid Highways'
in this Act'' after ``section 104(a) of title 23, United
States Code''.
CHAPTER 7
TREASURY, POSTAL SERVICE, AND GENERAL GOVERNMENT
EXECUTIVE OFFICE OF THE PRESIDENT
Armstrong Resolution Account
For necessary expenses for electronic communications
records management activities for compliance with and
resolution of Armstrong v. Executive Office of the President,
$13,125,000, to remain available until expended.
CHAPTER 8
DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND
INDEPENDENT AGENCIES
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
For an additional amount for ``Compensation and pensions,''
$698,000,000, to remain available until expended.
readjustment benefits
For an additional amount for ``Readjustment benefits,''
$103,200,000, to remain available until expended.
Veterans Health Administration
medical administration and miscellaneous
operating expenses
(by transfer)
For an additional amount for ``Medical administration and
miscellaneous operating expenses'', $2,500,000, to be derived
by transfer from amounts appropriated under the head
``Medical care'' in Public Law 103-124.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Housing Programs
Federal Housing Administration
FHA--MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT
During fiscal year 1994, the limitation on commitments to
guarantee loans to carry out the purposes of section 203(b)
of the National Housing Act, as amended, is increased by an
additional loan principal of not to exceed $20,000,000,000.
FHA--GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
The limitation on commitments during fiscal year 1994 to
guarantee loans authorized by sections 238 and 519 of the
National Housing Act, as amended (12 U.S.C. 1751z-3(b) and
1735c(f), is increased by an additional loan principal, any
part of which is to be guaranteed, of not to exceed
$2,000,000,000.
ADMINISTRATIVE PROVISIONS
Of the $260,000,000 earmarked in Public Law 102-389, in the
14th proviso under the head Annual Contributions for Assisted
Housing, for special purposes grants (106 Stat. 1571, 1584),
$1,300,000 made available for continued assistance to two
sugarcane mills on the Hilo-Hamakua Coast of Hawaii shall
also be available to community-based and employee-support
organizations along the Hamakua Coast, to address social and
economic needs in such area.
Notwithstanding any other provision of law, the City of
Slidell, Louisiana, is authorized to submit not later than 10
days following the enactment of this Act, and the Secretary
of Housing and Urban Development shall consider, the final
statement of community development objectives and projected
use of funds required by section 104(a)(1) of the Housing and
Community Development Act of 1974 (42 U.S.C. 5304(a)(1)) in
connection with a grant to the City of Slidell under title I
of such Act for fiscal year 1994.
INDEPENDENT AGENCIES
Environmental Protection Agency
WATER INFRASTRUCTURE/STATE REVOLVING FUNDS
Of the funds made available under this heading in Public
Law 103-124, the $500,000,000 earmarked to not become
available until May 31, 1994, shall instead not become
available until September 30, 1994.
Executive Office of the President
Office of Science and Technology Policy
The proviso under this heading in Public Law 103-124 is
repealed.
Council on Environmental Quality and Office of Environmental Quality
For an additional amount for ``Council on Environmental
Quality and Office of Environmental Quality'', $300,000.
National Aeronautics and Space Administration
RESEARCH AND DEVELOPMENT
For an additional amount for ``Research and development'',
$40,000,000, of which $20,000,000 shall become available for
obligation on October 1, 1994: Provided, That these funds
shall be available for the commercial mid-deck augmentation
module, in addition to such amounts as may be subsequently
appropriated.
The second proviso under this heading in Public Law 103-124
is amended to read as follows: ``Provided further, That of
the funds provided under this heading, for the redesigned
Space Station, (1) not to exceed $160,000,000 shall be for
termination costs connected only with Space Station Freedom
contracts, (2) not to exceed $172,000,000 shall be for space
station operations and utilization capability development,
and (3) not to
[[Page 103]]
exceed $99,000,000 shall be for supporting development:''.
The fifth and sixth provisos under this heading in Public
Law 103-124 are deleted and the fourth proviso thereunder is
amended to read: ``Provided further, That of the funds made
available under this heading, not to exceed $117,200,000
shall be available for activities to support cooperative
space ventures between the United States and the Republic of
Russia outlined in the joint agreement of September 2,
1993:''.
research and program management
For an additional amount for ``Research and program
management,'' $56,000,000.
GENERAL PROVISIONS
Sec. 2001. (a) Section 1205(a)(1) of the Supplemental
Appropriations Act of 1993 is amended by inserting before the
semicolon the following: ``and amounts transferred by the
Architect of the Capitol from funds appropriated to the
Architect''.
(b) Section 1205(b) of such Act is amended--
(1) by striking ``and payments'' and inserting ``,
payments''; and
(2) by inserting before the period at the end the
following: ``, and payments pursuant to Senate Resolution
139, 103d Congress, agreed to August 4, 1993''.
(c) Section 1205 of such Act is amended by adding at the
end the following:
``(d) In case of an award under section 307 of Public Law
102-166, a payment pursuant to an agreement under section 310
of such Public Law, or a payment pursuant to Senate
Resolution 139, 103d Congress, agreed to August 4, 1993, to
an employee described in section 301(c)(1)(B) of such Public
Law, to an applicant for a position described in section
301(c)(1)(C) of such Public Law that is to be occupied by
such an employee, or to an individual described in section
301(c)(1)(D) of such Public Law who was formerly such an
employee, the Architect of the Capitol, at the direction of
the Secretary of the Senate, shall transfer to the account
established by subsection (a), from funds that are
appropriated to the Architect of the Capitol under the
heading `Capitol Buildings and Grounds' under the subheading
`senate office building' and that are otherwise available for
obligation at the time the award is ordered or the agreement
is entered into, an amount sufficient to pay such award or
make such payment.''.
(d) The amendments made by this section shall be effective
on and after October 1, 1992.
Sec. 2002. (a) The Senate finds that--
(1) historically it is the policy of the Federal Government
to provide financial and other assistance to the victims of
natural disasters;
(2) since fiscal year 1988, the Congress has enacted 6
major disaster relief supplemental appropriations Acts
providing a total of $17,012,000,000 in budget authority for
Federal disaster assistance for domestic disasters;
(3) the provision of Federal disaster assistance reflects
the traditions and values of the American people who have
always been willing to provide help to those who have been
victimized by catastrophic events and forces beyond their
control;
(4) the unprecedented growth in the cost of disaster
assistance needs to be reconciled with the restraints imposed
on discretionary spending and with the deficit reduction
goals of the Budget Enforcement Act of 1990 and the Omnibus
Budget Reconciliation Act of 1993, under which significant
progress is being made in reducing the Federal deficit; and
(5) a prospective policy should be developed for
anticipating and funding disaster needs and other emergencies
in keeping with continuing fiscal constraints on the Federal
Government.
(b) It is the sense of the Senate that--
(1) there should be established in the Senate a Bipartisan
Task Force on Funding Disaster Relief; and
(2) the Task Force should--
(A) consult with the Senate committees with jurisdiction
over disaster relief programs;
(B) compile information on the history of Federal disaster
relief and recovery funding;
(C) evaluate the types and amounts of Federal financial
assistance provided to individuals, State and local
governments, and nonprofit organizations after disaster
strike, as well as relevant insurance coverage and loss
experience;
(D) consider the relationship between funding disaster
relief and complying with the deficit control requirements of
the Budget Enforcement Act of 1990, the Omnibus Budget
Reconciliation Act of 1993, and other deficit control
provisions enacted prior to 1990; and
(E) report its findings, options, and recommendations to
the Senate with regard to the consideration of future
disaster assistance funding requests prior to the convening
of the 104th Congress.
Sec. 2003. (a) Amendment to Title 31.--Section 301(d) of
title 31, United States Code, is amended by inserting ``an
Under Secretary of Enforcement,'' after ``2 Under
Secretaries,''.
(b) Amendment to Title 5.--Section 5314 of title 5, United
States Code, is amended by striking ``Under Secretary of the
Treasury (or Counselor).'' and striking ``Under Secretary of
the Treasury for Monetary Affairs.'' and inserting in lieu
thereof, ``Under Secretaries of the Treasury (3).''.
TITLE III--RESCINDING CERTAIN BUDGET AUTHORITY
CHAPTER 1
DEPARTMENT OF AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Cooperative State Research Service
(rescissions)
Of the funds made available under this heading in Public
Law 103-111, $12,463,000 are rescinded, including $4,375,000
of contracts and grants for agricultural research under the
Act of August 4, 1965, as amended; $6,729,000 for competitive
research grants under section 2(b) of the Act of August 4,
1965; and $1,359,000 for necessary expenses of Cooperative
State Research Service activities.
buildings and facilities
(rescission)
Of the funds made available under this heading in Public
Law 103-111, $2,897,000 are rescinded.
Soil Conservation Service
watershed and flood prevention operations
(rescission)
Of the funds made available under this heading in Public
Law 103-111 for emergency measures as provided by sections
403-405 of the Agricultural Credit Act of 1978 (16 U.S.C.
2203-2205), $21,158,000 are rescinded.
Farmers Home Administration
rural housing insurance fund program account
(rescissions)
Of the amounts provided under this heading in Public Law
103-111, the following amounts are rescinded: for the cost of
low-income housing section 502 direct loans, $20,870,000; for
the cost of section 515 rental housing loans, $12,443,000;
for the cost of section 504 housing repair loans, $1,204,000;
for the cost of section 514 farm labor housing loans,
$483,000.
agricultural credit insurance fund program account
(rescission)
Of the amounts provided under this heading for the cost of
credit sales of acquired property direct loans in Public Law
103-111, $8,000,000 are rescinded.
rural development loan fund program account
(rescission)
Of the funds made available under this heading in Public
Law 103-111 for the cost of direct loans, $10,000,000 are
rescinded.
rural housing voucher program
(rescission)
Of the funds made available under this heading in Public
Law 103-111, $25,000,000 are rescinded.
rural water and waste disposal grants
(rescission)
Of the funds made available under this heading is Public
Law 103-111, $12,500,000 are rescinded.
salaries and expenses
(rescission)
Of the funds made available under this heading Public Law
103-111, $12,167,000 are rescinded.
Rural Electrification Administration
rural electrification and telephone loans program account
(rescissions)
Of the amounts provided under this heading in Public Law
103-111, the following amounts are rescinded: for the cost of
5 percent rural electrification direct loans, $1,694,000; for
the cost of 5 percent rural telephone direct loans,
$1,611,000.
Food and Nutrition Service
commodity supplemental food program
(rescission)
Of the funds made available under this heading in Public
Law 103-341, $10,000,000 are rescinded.
Public Law 480 Program Account
(rescissions)
Of the funds made available under this heading in Public
Law 103-111 for title III, $25,000,000 are rescinded, and of
the amounts made available for ocean freight differential
costs, $4,6000,000 are rescinded.
Of the funds made available under this heading in Public
Law 103-111 for the cost of direct credit agreements,
including the cost of modifying credit agreements,
$22,900,000 are rescinded.
CHAPTER 2
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
construction
(rescission)
Of the amounts made available under this heading in Public
Law 103-121, $3,000,000 are rescinded.
International Trade Administration
operations and administration
(rescission)
Of the funds made available under this heading, $2,000,000
are rescinded.
Minority Business Development Agency
minority business development
(rescission)
Of the funds made available under this heading in Public
Law 103-121 for a grant to
[[Page 104]]
the Catawba Indian Tribe, $500,000 are rescinded.
Economic Development Administration
economic development revolving fund
(rescission)
Of the unobligated balances in the Economic Development
Revolving Fund, $29,000,000 are rescinded.
DEPARTMENT OF STATE
Administration of Foreign Affairs
buying power maintenance
(rescission)
Of the balances in the Buying Power Maintenance account,
$8,800,000 are rescinded.
new diplomatic posts
(rescission)
Of the funds made available for the United States
Information Agency under this heading in Public Law 102-395,
$1,000,000 are rescinded.
THE JUDICIARY
Courts of Appeals, District Courts, and Other
Judicial Services
defender services
(rescission)
Of the funds made available under this heading in Public
Law 103-121, $3,000,000 are rescinded.
RELATED AGENCIES
Board for International Broadcasting
israel relay station
(rescission)
Of the funds made available under this heading, $1,700,000
are rescinded.
Small Business Administration
business loans program account
(rescission)
Of the funds made available under this heading in Public
Law 103-121 for the cost of guaranteed loans, $4,100,000 are
rescinded.
United States Information Agency
salaries and expenses
(rescission)
Of the funds made available under this heading in Public
Law 103-121, $2,000,000 are rescinded.
educational and cultural exchange programs
(rescission)
Of the funds made available under this heading in Public
Law 103-121, $850,000 are rescinded.
radio construction
(rescission)
Of the funds made available under this heading in Public
Law 103-121, $2,000,000 are rescinded.
North/South Center
(rescission)
Of the funds made available under this heading, $1,000,000
are rescinded.
CHAPTER 3
DEPARTMENT OF DEFENSE--MILITARY
PROCUREMENT
Aircraft Procurement, Navy
(recession)
Of the funds made available under this heading in Public
Law 103-139, $10,000,000 are rescinded.
Aircraft Procurement, Air Force
(recession)
Of the funds made available under this heading in Public
Law 102-396, $12,800,000 are rescinded.
Other Procurement, Air Force
(recession)
Of the funds made available under this heading in Public
Law 103-139, $42,500,000 are rescinded.
Procurement, Defense Agencies
(recession)
Of the funds made available under this heading in Public
Law 102-172, $10,000,000 are rescinded.
Procurement, Defense-Wide
(recession)
Of the funds made available under this heading in Public
Law 103-139, $14,500,000 are rescinded.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Air Force
(recession)
Of the funds made available under this heading in Public
Law 102-396, $50,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 103-139, $6,000,000 are rescinded.
Research, Development, Test and Evaluation, Defense-wide
(recession)
Of the funds made available under this heading in Public
Law 103-139, $104,500,000 are rescinded.
CHAPTER 4
ENERGY AND WATER DEVELOPMENT
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
general investigations
(recession)
Of the amounts made available under this heading in Public
Law 102-377 and prior years' Energy and Water Development
Appropriations Act, $24,970,000 are rescinded.
construction, general
(recession)
Of the amounts made available under this heading in Public
Law 102-377 and prior years' Energy and Water Development
Appropriations Act, $97,319,000 are rescinded.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
construction program
(recession)
Of the amounts made available under this heading in Public
Laws 102-27, 102-368, 102-377 and prior years' Energy and
Water Development Appropriations Acts, $30,000,000 are
rescinded.
DEPARTMENT OF ENERGY
Energy Supply Research and Development Activities
(rescissions)
Of the funds made available under this heading in Public
Law 103-126, $97,300,000 are rescinded: Provided, That the
reduction shall be taken as a general reduction, applied to
each program equally, so as not to eliminate or
disproportionately reduce any program, project or activity in
the Energy Supply, Research and Development Activities
account as included in the reports accompanying Public Law
103-126.
Of the funds made available under this heading for
superconducting magnetic energy storage in Public Law 103-
126, $10,000,000 are rescinded.
Uranium Supply and Enrichment Activities
(rescission)
Of the amounts made available under this heading in Public
Law 102-377 and prior years' Energy and Water Development
Appropriations Acts, $42,000,000 are rescinded.
RELATED AGENCY
Nuclear Regulatory Commission
salaries and expenses
(rescission)
Of the funds made available under this heading in Public
Law 103-126, $12,700,000 are rescinded.
CHAPTER 5
FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
MULTILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
International Financial Institutions
Contribution to the International Bank for Reconstruction and
Development
(Rescission)
Of the unexpended or unobligated balances made available
for payment to the International Bank for Reconstruction and
Development for the United States share of the paid-in
portion of the increases in capital stock for the General
Capital Increase, $27,910,500 are rescinded.
Limitation on Callable Capital Subscriptions
Notwithstanding Public Law 103-87, the United States
Governor of the International Bank for Reconstruction and
Development may subscribe without fiscal year limitation to
the callable capital portion of the United States share of
the increases in capital stock in an amount not to exceed
$902,439,500.
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
Development Assistance
(Rescission)
Of the unexpended or unobligated balances of funds
(including earmarked funds) made available for fiscal years
1987 through 1993 to carry out the provisions of sections 103
through 106 of the Foreign Assistance Act of 1961, as
amended, $104,018,500 are rescinded.
Assistance for the New Independent States of the Former Soviet Union
(Rescission)
Of the unexpended or unobligated balances of funds made
available under this heading and Title VI of Public Law 103-
87, and prior Acts making appropriations for foreign
operations, export financing, and related programs, for
assistance for the new independent states of the former
Soviet Union, $55,000,000 are rescinded.
Economic Support Fund
(Rescission)
Of the unexpended or unobligated balances of funds
(including earmarked funds) made available for fiscal years
1987 through 1993 to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $61,350,000
are rescinded.
MILITARY ASSISTANCE
Funds Appropriated to the President
foreign military financing program
(Rescission)
Of the funds made available under this heading (including
earmarked funds) in Public Law 102-391 and prior
appropriations Acts, for grants to carry out the provisions
of section 23 of the Arms Export Control Act, $91,283,000 are
rescinded.
Military Assistance
(rescission)
Of the funds made available (including earmarked funds)
under this heading in Public Law 102-391 and prior
appropriations Acts, $438,000 are rescinded.
[[Page 105]]
CHAPTER 6
DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES
DEPARTMENT OF THE INTERIOR
United States Fish and Wildlife Service
CONSTRUCTION AND ANADROMOUS FISH
(RESCISSION)
Of the funds made available under this heading in Public
Law 100-446 and Public Law 102-154, $3,874,000 are rescinded.
DEPARTMENT OF THE TREASURY
Biomass Energy Development
(RESCISSION)
Of the funds available under this heading, $16,275,000 are
rescinded.
CHAPTER 7
DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, EDUCATION, AND RELATED
AGENCIES
EDEPARTMENT OF LABOR
(RESCISSION)
Of the amounts appropriated in Public Law 103-112 for
salaries and expenses and administrative costs of the
Department of Labor, $4,000,000 are rescinded: Provided, That
the Secretary of Labor may use up to $1,750,000 otherwise
appropriated to the Department of Labor for fiscal year 1994
for activities required by the North American Free Trade
Agreement Labor Supplemental Agreement, including obligations
of the United States abroad pursuant to treaties,
international agreements and binational contracts,
distribution to international organizations established by
the North American Free Trade Agreement on Labor Cooperation
between the Government of the United States, the Government
of Canada, and the Government of the United Mexican States.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
(RESCISSION)
Of the amounts appropriated in Public Law 103-112 for
salaries and expenses and administrative costs (including
equipment) of the Department of Health and Human Services
(except the Social Security Administration), $27,500,000 are
rescinded.
SOCIAL SECURITY ADMINISTRATION
SUPPLEMENTAL SECURITY INCOME PROGRAM
(RESCISSION)
Of the amounts appropriated in the first paragraph under
this heading in Public Law 103-112, $10,909,000 are
rescinded.
LIMITATION ON ADMINISTRATIVE EXPENSES
(RESCISSION)
Of the funds made available under this heading in Public
Law 103-112 to invest in a state-of-the-art computing
network, $80,000,000 are rescinded.
DEPARTMENT OF EDUCATION
(RESCISSION)
Of the amounts appropriated in Public Law 103-112 for
salaries and expenses and administrative costs of the
Department of Education, $8,500,000 are rescinded.
CHAPTER 8
LEGISLATIVE BRANCH
CONGRESSIONAL OPERATIONS
SENATE
Contingent Expenses of the Senate
(RESCISSION)
Of the funds made available for the Senate under the
heading ``Sergeant at Arms and Doorkeeper of the Senate'' in
Public Law 102-90, $1,500,000 are rescinded.
HOUSE OF REPRESENTATIVES
Salaries and Expenses
(rescissions)
Of the amounts made available under this heading in Public
Law 101-520, $633,000 are rescinded in the amounts specified
for the following headings and accounts:
``allowances and expenses'', $633,000, as follows:
``Official Expenses of Members'', $128,000; ``supplies,
materials, administrative costs and Federal tort claims'',
$125,000; ``net expenses of purchase, lease and maintenance
of office equipment'', $364,000; and ``Government
contributions to employees' life insurance fund, retirement
funds, Social Security fund, Medicare fund, health benefits
fund, and worker's and unemployment compensation'', $16,000.
Of the amounts made available under this heading in Public
Law 102-90, $2,352,000 are rescinded in the amounts specified
for the following headings and accounts:
``house leadership offices'', $253,000;
``committee on the budget (studies)'', $4,000;
``standing committees, special and select'', $378,000;
``allowances and expenses'', $943,000, as follows:
``Official Expenses of Members'', $876,000; and
``stenographic reporting of committee hearings'', $67,000;
``committee on appropriations (studies and investigations)'', $595,000;
``salaries, officers and employees'', $179,000, as follows:
``Office of the Postmaster'', $19,000; ``for salaries and
expenses of the office of the Historian'', $26,000; ``the
House Democratic Steering and Policy Committee and the
Democratic Caucus'', $73,000; and ``the House Republican
Conference'', $61,000.
LIBRARY OF CONGRESS
(rescission)
Of the amounts made available under this heading in Public
Law 103-69, $1,000,000 are rescinded.
GENERAL ACCOUNTING OFFICE
Salaries and Expenses
(rescission)
Of the amounts made available under this heading in Public
Law 103-69, $650,000 are rescinded.
CHAPTER 9
DEPARTMENT OF DEFENSE--MILITARY
MILITARY CONSTRUCTION
(rescission)
Of the funds appropriated under Public Law 103-110, the
following funds are hereby rescinded from the following
accounts in the specified amounts:
Military Construction, Army, $22,319,000;
Military Construction, Navy, $13,969,000;
Military Construction, Air Force, $24,787,000;
Military Construction, Defense-Wide, $13,663,000;
Military Construction, Army National Guard, $7,568,000;
Military Construction, Air National Guard, $6,187,000;
Military Construction, Army Reserve, $2,551,000;
Military Construction, Naval Reserve, $626,000;
Military Construction, Air Force Reserve, $1,862,000; and
Base Realignment and Closure Account, Part III, 507,692,
$,000;
Provided, That within funds available for ``Base Realignment
and Closure Account, Part III'' for fiscal year 1994, not
less than $200,000,000 shall be available solely for
environmental restoration and compliance.
CHAPTER 10
DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
(RESCISSION)
Of the funds available for programs authorized under
section 419 of the Federal Aviation Act of 1958, as amended
(49 U.S.C. 1389), $10,067,000 are rescinded.
RENTAL PAYMENTS
(RESCISSION)
Of the funds made available under this heading in Public
Law 103-122, $1,781,000 are rescinded.
Federal Aviation Administration
OPERATIONS
(RESCISSION)
Of the funds made available under this heading in Public
Law 103-122, $750,000 are rescinded.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAYS TRUST FUND)
(RESCISSION)
Of the available balances under this heading, $65,380,300
are rescinded.
GRANTS-IN-AID FOR AIRPORTS
(AIRPORT AND AIRWAY TRUST FUND)
(RESCISSION)
Of the unobligated balances authorized under section 14 of
Public Law 91-258 as amended, $488,200,000 are rescinded.
Federal Highway Administration
(HIGHWAY TRUST FUND)
(RESCISSION)
Of the funds made available for specific highway projects,
$29,832,843 are rescinded: Provided, That of the amounts made
available for Federal-aid highways pursuant to provisions of
the Surface Transportation and Uniform Relocation Assistance
Act of 1987, $2,517,473 are rescinded: Provided further, That
of the authority made available for bridges on Federal dams
pursuant to section 320 of title 23, United States Code,
$9,478,139 are rescinded: Provided further, That this
rescission shall not apply to any emergency relief project
under section 125 of title 23, United States Code.
RIGHT-OF-WAY REVOLVING FUND
(HIGHWAY TRUST FUND)
(RESCISSION)
Of the unobligated balances authorized under section 108 of
title 23, United States Code, and section 7 of Public Law 90-
495, $20,000,000 are rescinded.
National Highway Traffic Safety Administration
HIGHWAY TRAFFIC SAFETY GRANTS
(HIGHWAY TRUST FUND)
(RESCISSION)
Of the funds available for programs authorized under
sections 153, 402, and 408 of title 23, United States Code,
and section 209 of Public Law 99-599, as amended, the amounts
in excess of the funds made available for obligation in
Public Law 103-122 are rescinded.
Federal Railroad Administration
RAILROAD RESEARCH AND DEVELOPMENT
(RESCISSION)
Of the funds made available under this heading in Public
Law 103-122, $17,000,000 are rescinded: Provided, That funds
made available under this heading in Public Law 103-122 may
be obligated using contracts and grants.
[[Page 106]]
Federal Transit Administration
DISCRETIONARY GRANTS
(RESCISSION)
(HIGHWAY TRUST FUND)
Of the funds made available under this heading in Public
Law 99-190 and Public Law 103-122, $808,935 and $2,500,000,
respectively, are rescinded.
CHAPTER 11
TREASURY, POSTAL SERVICE, AND GENERAL GOVERNMENT
DEPARTMENT OF THE TREASURY
Internal Revenue Service
information systems
(rescission)
Of the amount made available under this heading in Public
Law 103-123, $6,400,000 are rescinded.
INDEPENDENT AGENCY
General Services Administration
federal buildings fund
(limitations on availability of revenue)
(rescission)
Of the funds made available under this heading in Public
Law 102-27 for District of Columbia: General Services
Administration, Southeast Federal Center, Headquarters,
$97,691,000 are rescinded: Provided, That of the funds made
available under this heading in Public Law 102-393 for
District of Columbia: Army Corps of Engineers, Headquarters,
$10,000,000 are rescinded: Provided further, That of the
funds made available in Public Law 101-509 for District of
Columbia: Southeast Federal Center, $20,000,000 are
rescinded: Provided further, That of the funds made available
under this heading in Public Law 103-123 for rental of space,
$6,000,000 are rescinded: Provided further, That the Federal
courthouse in Spartanburg, South Carolina shall be known and
designated as the ``Donald Stuart Russell Federal
Courthouse'' and that any reference in any law, regulation,
document, record, map, or other paper of the United States to
the building referred to in this proviso shall be deemed to
be a reference to the ``Donald Stuart Russell Federal
Courthouse''.
CHAPTER 12
DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND
INDEPENDENT AGENCIES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Housing Programs
homeownership and opportunity for people
everywhere grants (hope grants)
(rescission)
Of the amounts provided under this heading in Public Law
103-124, an additional $66,000,000 are rescinded.
annual contributions for assisted housing
(rescission)
Of the funds made available under this heading in Public
Law 103-124 and prior years, $100,000,000 are rescinded:
Provided, That of the foregoing amount, $25,000,000 shall be
deducted from the amounts earmarked for amendments to section
8 contracts other than contracts for projects developed under
section 202 of the Housing Act of 1959 and $75,000,000 shall
be deducted from the amounts earmarked for preservation
activities.
assistance for the renewal of section 8 subsidy contracts
(rescission)
Of the funds made available under this heading in Public
Law 103-124 and prior years, $76,000,000 are rescinded.
INDEPENDENT AGENCIES
Chemical Safety and Hazard Investigation Board
salaries and expenses
(rescission)
Of the funds made available under this heading in Public
Law 103-124, $770,000 are rescinded.
Environmental Protection Agency
water infrastructure/state revolving funds
(rescission)
Of the funds made available under this heading in Public
Law 103-124, $22,000,000 are rescinded.
Federal Emergency Management Agency
emergency management planning and assistance
(rescission)
Of the funds made available under this heading in Public
Law 103-124, $2,000,000 are rescinded.
National Aeronautics and Space Administration
research and development
(rescission)
Of the funds made available under this Heading in Public
Law 103-124, $63,000,000 are rescinded.
space flight, control, and data communications
(rescission)
Of the funds made available under this heading in Public
Law 103-124, $32,000,000 are rescinded.
construction of facilities
(rescission)
Of the funds made available under this heading in Public
Law 103-124, $25,000,000 are rescinded.
National Science Foundation
research and related activities
(rescission)
Of the funds made available under this heading in Public
Law 103-124, $5,000,000 are rescinded.
academic research infrastructure
(rescission)
Of the funds made available under this heading in Public
Law 103-124, $5,000,000 are rescinded.
National Service Initiative
corporation for national and community service
(rescission)
Of the funds made available under this heading in Public
Law 103-124, $5,000,000 are rescinded.
TITLE IV--GENERAL PROVISIONS
Sec. 401. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 402. The Architect of the Capitol shall be considered
the agency for the purposes of the election in section
801(b)(2)(B) of the National Energy Conservation Policy Act
and the head of the agency for purposes of subsection
(b)(2)(C) of such section.
prohibition of benefits for individuals not
lawfully within the united states
Sec. 403. None of the funds made available in this Act may
be used to provide any benefit or assistance to any
individual in the United States when it is known to a Federal
entity or official to which the funds are made available
that--
(1) the individual is not lawfully within the United
States;
(2) the direct Federal assistance or benefit to be provided
is other than search and rescue; emergency medical care;
emergency mass care; emergency shelter; clearance of roads
and construction of temporary bridges necessary to the
performance of emergency tasks and essential community
services; warning of further risks or hazards; dissemination
of public information and assistance regarding health and
safety measures; the provision of food, water, medicine, and
other essential needs, including movement of supplies or
persons; and reduction of immediate threats to life, property
and public health and safety;
(3) temporary housing assistance provided in this Act may
be made available to individuals and families for a period of
up to 90 days without regard to the requirements of
subsection (4);
(4) immediately upon the enactment of this Act, other than
for the purposes set forth in subsections (2) and (3) of this
section, any Federal entity or official who makes available
funds under this Act shall take reasonable steps to determine
whether any individual or company seeking to obtain such
funds is lawfully within the United States;
(5) In no case shall such Federal entity, official or their
agent discriminate against any individual with respect to
filing, inquiry, or adjudication of an application for
funding on the bases of race, color, creed, handicap,
religion, sex, sexual orientation, national origin,
citizenship status or form of lawful immigration status; and
(6) the implementation of this section shall not require
the publication or implementation of any intervening
regulations.
Sec. 404. (a) Study by Comptroller General.--The
Comptroller General of the United States shall conduct a
study regarding Federal laws, unfunded Federal mandates, and
other Federal regulatory requirements, that may prevent or
impair the ability of State and local authorities to rebuild
expeditiously the areas devastated by the January 1994
earthquake in Southern California. In conducting the study,
the Comptroller General shall consult with State and local
officials of California.
(b) Report.--Not later than 30 days after the date of the
amendment of this Act, the Comptroller General shall submit
to the Congress a report setting forth findings and
recommendations as a result of the study conducted under
subsection (a). The report shall include--
(1) an identification of the specific Federal laws,
unfunded Federal mandates, and other Federal regulatory
requirements, referred to in subsection (a);
(2) an analysis of the manner in which such laws, mandates,
and other requirements may prevent or impair the ability of
State and local authorities to rebuild expeditiously the
areas devastated by the January 1994 earthquake in Southern
California; and
(3) recommended forms of, and appropriate time periods for,
relief from such laws, mandates, and other requirements.
Sec. 405. In the case of any equipment or product that may
be authorized to be purchased with financial assistance
provided using funds made available in this Act, it is the
sense of the Congress that entities receiving the assistance
should, in expending the assistance, purchase only American-
made equipment and products, and that notice of this
provision be given to such recipient of assistance covered
under this Act.
SEC. 406. EXTENSION OF RTC CIVIL STATUTE OF LIMITATIONS.
Section 21A(b)(14)(C) of the Federal Home Loan Bank Act (12
U.S.C. 1441a(b)(14)(C)) is amended by striking clause (i) and
inserting in lieu thereof the following:
``(i) the period beginning on the date the claim accrues
(as determined pursuant to
[[Page 107]]
section 11(d)(14)(B) of the Federal Deposit Insurance Act)
and ending on December 31, 1995 or ending on the date of the
termination of the Corporation pursuant to section 21A(m)(1),
whichever is later; or''.
SEC. 407. REPEALS.
Except for subsection (b) of section 3508, sections 3508
and 3509 of the Three Affiliated Tribes and Standing Rock
Sioux Tribe Equitable Compensation Act are repealed effective
October 30, 1992: Provided, That the U.S. Army Corps of
Engineers should proceed with the Secretary of the Interior
to designate excess lands and transfer them pursuant to
Public Law 93-599.
Sec. 408. It is the sense of the Congress that the
Department of Defense should proceed with construction of a
new facility for the Walter Reed Army Institute of Research
at Forest Glen, Maryland, not late than 45 days after
enactment of this Act.
Sec. 409. The Administrator of the Federal Aviation
Administration is directed to establish and operate an
Auxiliary Flight Service Station at Marquette, Michigan, no
later than September 1, 1994, using available funds.
technical correction
Sec. 410. Subsection (b) of section 347 of the National
Defense Authorization Act for fiscal year 1994 (Public Law
103-160; 107 Stat. 1626) is amended--
(1) by striking out ``section 2774(a)(2)(A) of title 10,''
and inserting in lieu thereof ``section 5584(a)(2)(A) of
title 5,''; and
(2) by striking out ``section 2774(a)(2) of such title''
and inserting in lieu thereof ``section 5584(a)(2) of such
title''.
landsat--7 transfer authority
Sec. 411. The Secretary of Defense may transfer up to
$90,000,000 from Procurement, Defense-wide, 1994/1996 to the
National Aeronautics and Space Administration (NASA) to be
used only for LANDSAT 7: Provided, That no funds may be
transferred until the Administrator of NASA certifies a plan
that fully funds the LANDSAT 7 program within the NASA budget
for fiscal year 1995 and beyond, and such plan has been
submitted to the appropriate Congressional oversight
committees.
And the Senate agree to the same.
William H. Natcher,
Neal Smith,
Sidney R. Yates,
David R. Obey,
Louis Stokes,
Tom Bevill,
John P. Murtha,
Julian C. Dixon,
Vic Fazio,
W.G. (Bill) Hefner,
Steny H. Hoyer,
Bob Carr,
Richard J. Durbin,
Joseph M. McDade,
Ralph Regula,
Bob Livingston,
(Except for S. 409 of the Senate amendment),
Jerry Lewis,
Harold Rogers,
Joe Skeen,
John Edward Porter,
Managers on the Part of the House.
Robert C. Byrd,
Daniel K. Inouye,
Ernest F. Hollings,
J. Bennett Johnston,
Patrick Leahy,
Jim Sasser,
Dennis DeConcini,
Dale Bumpers,
Frank R. Lautenberg,
Tom Harkin,
Barbara A. Mikulski,
Harry Reid,
J. Robert Kerrey,
Herb Kohl,
Patty Murray,
Dianne Feinstein,
Mark O. Hatfield,
Ted Stevens,
Thad Cochran,
Alfonse M. D'Amato,
Arlen Specter,
Pete V. Domenici,
Phil Gramm,
Christopher S. Bond,
Slade Gorton,
Mitch McConnell,
Connie Mack,
Conrad Burns,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
On motion of Mr. SMITH of Iowa, the previous question was ordered on
the conference report to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that the yeas had
it.
Mr. SOLOMON objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
245
When there appeared
<3-line {>
Nays
65
Para. 10.12 [Roll No. 27]
YEAS--245
Abercrombie
Andrews (ME)
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Barca
Barcia
Barrett (NE)
Barrett (WI)
Bateman
Beilenson
Bentley
Berman
Bevill
Bilbray
Bishop
Blackwell
Blute
Bonior
Borski
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Buyer
Calvert
Camp
Cantwell
Carr
Castle
Chapman
Clayton
Clement
Clyburn
Condit
Conyers
Coppersmith
Costello
Cox
Coyne
Cramer
Cunningham
Danner
Darden
DeLauro
Dellums
Derrick
Dicks
Dixon
Doolittle
Dreier
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Emerson
Engel
Eshoo
Evans
Farr
Fawell
Fazio
Fields (LA)
Filner
Fish
Foglietta
Ford (MI)
Ford (TN)
Franks (CT)
Franks (NJ)
Furse
Gallegly
Gejdenson
Gephardt
Gillmor
Gingrich
Gunderson
Hall (TX)
Hamburg
Hamilton
Harman
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Holden
Horn
Houghton
Hoyer
Huffington
Hunter
Hyde
Inglis
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kim
Kleczka
Klein
Klink
Klug
Knollenberg
Kopetski
Kreidler
Lancaster
LaRocco
Lazio
Levy
Lewis (CA)
Lewis (GA)
Lightfoot
Linder
Livingston
Long
Lowey
Maloney
Mann
Manton
Manzullo
Markey
Matsui
Mazzoli
McCandless
McCloskey
McDade
McDermott
McHale
McHugh
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Meyers
Mfume
Miller (CA)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Nadler
Natcher
Nussle
Oberstar
Obey
Olver
Packard
Pallone
Parker
Payne (NJ)
Pelosi
Peterson (FL)
Pickett
Pombo
Pomeroy
Porter
Poshard
Price (NC)
Pryce (OH)
Quinn
Rangel
Ravenel
Regula
Reynolds
Roemer
Rogers
Rohrabacher
Rostenkowski
Roybal-Allard
Royce
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Scott
Sharp
Shaw
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spence
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Talent
Tanner
Taylor (MS)
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Torkildsen
Torres
Traficant
Tucker
Unsoeld
Upton
Visclosky
Volkmer
Vucanovich
Waters
Watt
Wheat
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (FL)
NAYS--65
Allard
Andrews (NJ)
Archer
Ballenger
Bartlett
Becerra
Bereuter
Bliley
Bonilla
Bunning
Canady
Coble
Collins (GA)
Crapo
Deal
DeFazio
DeLay
Diaz-Balart
Dickey
Ehlers
English
Frank (MA)
Gekas
Gilchrest
Gilman
Gonzalez
Goodlatte
Goodling
Goss
Grams
Hancock
Hefley
Hutchinson
Istook
Johnson (CT)
Johnson, Sam
King
Kolbe
Lambert
Margolies-Mezvinsky
McInnis
Menendez
Mica
Miller (FL)
Myers
Oxley
Pastor
Paxon
Penny
Peterson (MN)
Petri
Ramstad
Rowland
Schaefer
Sensenbrenner
Serrano
Shays
Smith (MI)
Smith (TX)
Solomon
Stenholm
Stump
Velazquez
Walker
Zimmer
NOT VOTING--123
Ackerman
Andrews (TX)
Applegate
Armey
Baker (LA)
Barlow
Barton
Bilirakis
Boehlert
Boehner
Boucher
Brewster
Brooks
Bryant
Burton
Byrne
Callahan
Cardin
Clay
Clinger
Coleman
Collins (IL)
Collins (MI)
Combest
Cooper
Crane
de la Garza
Deutsch
Dingell
Dooley
Dornan
Duncan
Everett
Ewing
Fields (TX)
Fingerhut
Flake
Fowler
Frost
Gallo
Geren
Gibbons
Glickman
Gordon
Grandy
Green
Greenwood
Gutierrez
Hall (OH)
Hansen
Hastert
Hastings
Herger
Hoke
Hughes
Hutto
Inhofe
Jacobs
Kasich
Kingston
Kyl
LaFalce
Lantos
Laughlin
Leach
Lehman
Levin
Lewis (FL)
Lipinski
Lloyd
Machtley
Martinez
McCollum
McCrery
McCurdy
Michel
Mineta
Murphy
Murtha
Neal (MA)
Neal (NC)
Ortiz
Orton
Owens
Payne (VA)
Pickle
Portman
Quillen
Rahall
Reed
Richardson
Ridge
Roberts
Ros-Lehtinen
Rose
Roth
Roukema
Rush
Santorum
Schumer
Shuster
Slattery
Smith (OR)
Stearns
Sundquist
Swift
Synar
Tauzin
Taylor (NC)
Thomas (WY)
Torricelli
Towns
Valentine
Vento
Walsh
Washington
Waxman
[[Page 108]]
Weldon
Whitten
Williams
Wilson
Young (AK)
Zeliff
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 10.13 permission to file report
On motion of Mr. KILDEE, by unanimous consent, the Committee on
Education and Labor was granted permission until 3 p.m., Friday,
February 18, 1994, to file a report on the bill (H.R. 6) ``Improving
America's Schools Act of 1994''.
Para. 10.14 question of order of the house
Mr. GEPHARDT, rose and said:
``Following my unamious consent request to put in place an agreed upon
format for recognitions to address the House during a ninety day trial
period beginning February 23, 1994, including a ``morning hour'' debate,
an ``Oxford style'' debate and restriction on special order speeches,
the Speaker will announce his guidelines for recognition. In so doing it
is stipulated that the establishment of this format for recognition by
the Speaker is without prejudice to the Speaker's ultimate power of
recognition under clause 1, rule XIV, should circumstances so warrant.''
Accordingly,
On motion of Mr. GEPHARDT, by unamious consent,
Ordered, That the special orders previously granted by the House to
address the House on dates through May 23, 1994, be vacated;
Ordered further, That during the period beginning February 23, 1994,
and for ninety days thereafter, on Mondays and Tuesdays of each week the
House convene ninety minutes earlier than the time otherwise established
by order of the House solely for the purpose of conducting ``morning
hour'' debates to be followed by a recess declared by the Speaker
pursuant to clause 12, rule I, under the following conditions:
(1) Prayer by the Chaplain, approval of the Journal and the pledge of
allegiance to the flag to be postposed until the resumption of the House
session following the completion of morning hour debate;
(2) Debate to be limited not to exceed thirty minutes allocated to
each party, with initial and subsequent recognition alternating daily
between parties to be conferred by the Speaker only pursuant to lists
submitted by the Majority Leader and Minority Leader, respectively (no
Member on such lists to be permitted to address the House for longer
than five minutes except for the Majority Leader and the Minority
Leader); and
Ordered further, That on every third Wednesday, beginning on a day to
be designated by the Speaker and mutually agreed upon by the Majority
Leader and Minority Leader, it shall be in order, at a time to be
determined by the Speaker, for the Speaker to recognize the Majority
Leader and Minority Leader (or their designees), jointly, for a period
of not to exceed two hours, for the purpose of holding a structured
debate. The topic of the debate, when mutually agreed upon by the
Majority Leader and Minority Leader, shall be announced by the Speaker.
The format of the debate, which shall allow for participation by four
Members of the Majority party and four from the Minority party in the
House, chosen by their respective party leaders, with specified times
for presentations and rebuttals by all participants, and periods of
questioning of each Member by others participating, shall be announced
to the House by the Speaker.
Thereupon,
The SPEAKER announced that with respect to special orders to address
the House for up to one hour at the conclusion of legislative business
or on days when no legislative business is scheduled, the Chair
announces that:
(1) On Tuesday, following legislative business, there will be an
unlimited period of special orders (not extending beyond midnight), with
recognition for five-minutes and then for longer special orders
alternating between the parties and with initial recognition (for longer
special orders) rotating on a daily basis between the parties, and with
the first hour of recognition on each side reserved to the House
leadership (Majority Leader and Whip and Minority Leader or their
designees);
(2) On Mondays, Wednesdays (except those Wednesdays when ``Oxford
style'' debates are in order), Thursdays and Fridays, the Chair will
recognize Members from each party for up to two hours of special order
debate at the conclusion of legislative business and five minute special
orders, or when no legislative business is scheduled (not extending
beyond midnight), again with initial recognition alternating between the
parties on a daily basis and with the allocation of time within each two
hour period (or shorter period if prorated to end by midnight) to be
determined by a list submitted to the Chair by the House leadership
(Majority Leader and Whip and Minority Leader or designees),
respectively, and with the first hour of recognition on each side
reserved to the House leadership (Majority Leader and Whip and Minority
Leader or their designees). (Members will be limited to signing up for
all such special orders no earlier than one week prior to the special
order, and additional guidelines may be established for such sign-ups by
the Majority and Minority Leaders, respectively). One minute speeches on
those days both prior to and at the conclusion of legislative business
shall be at the discretion of the Speaker.
(3) Pursuant to clause 9(b)(1) of rule I, during this trial period the
television cameras will not pan the chamber, but a ``crawl'' indicating
Morning Hour or that the House has completed its legislative business
and is proceeding with special order speeches will appear on the screen.
Other television camera adaptations during this period may be announced
by the Chair; and
(4) Special orders to extend beyond the four hour period may be
permitted at the discretion of the Chair with advance consultation
between the leaderships and notification to the House.
Para. 10.15 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. HUTTO, for today;
To Mr. RUSH, for today and balance of the week;
To Mrs. FOWLER, for today;
To Mr. MINETA, for today; and
To Mr. JACOBS, for today.
And then,
Para. 10.16 adjournment
On motion of Mr. HOYER, pursuant to the provisions of House Concurrent
Resolution 206, at 7 o'clock and 31 minutes p.m., the House adjourned
until 2 o'clock p.m. on Tuesday, February 22, 1994.
Para. 10.17 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. NATCHER: Committee of Conference. Conference report on
H.R. 3759. A bill making emergency supplemental
appropriations for the fiscal year ending September 30, 1994,
and for other purposes (Rept. No. 103-424). Ordered to be
printed.
Para. 10.18 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mrs. JOHNSON of Connecticut (for herself and Mr.
Frank of Massachusetts):
H.R. 3865. A bill to amend the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (Superfund)
to provide for the cleanup of municipal waste landfill
Superfund sites, and for other purposes; jointly, to the
Committees on Energy and Commerce and Public Works and
Transportation.
By Mr. SANDERS (for himself, Mr. Pallone, Mr. Williams,
Mr. Obey, Mr. Coleman, Mr. Sabo, Mr. Gene Green of
Texas, Mr. Peterson of Minnesota, Mr. Vento, Mr.
Olver, Mr. Gejdenson, Mr. Kopetski, Mr. Rahall, Mr.
Hamburg, Mr. Filner, Mr. Lantos, Mrs. Schroeder, Mr.
Oberstar, Mr. Torres, Mr. Markey, and Mr. Jacobs):
H.R.3866. A bill to provide certain employee protection
benefits for railroad employees; to the Committee on Energy
and Commerce.
By Mr. SWETT:
H.R. 3867. A bill to amend the Internal Revenue Code of
1986 to provide that a foster care provider and qualified
foster individual may share the same home; to the Committee
on Ways and Means.
By Mr. TEJEDA:
H.R. 3868. A bill to amend title 10, United States Code, to
authorize the Secretary of the Army to enroll civilians,
under certain circumstances, in the physician assistant
[[Page 109]]
training program conducted at the Academy of Health Sciences
at Fort Sam Houston, TX; to the Committee on Armed Services.
By Mr. WAXMAN (for himself, Mr. Synar, Mr. Richardson,
Mr. Towns, Mr. Washington, Mr. Upton, Mr. Franks of
Connecticut, Mr. Mineta, Mr. Matsui, Mr. Serrano, Mr.
Gutierrez, Mr. Pastor, Mr. Menendez, Mr. Romero-
Barcelo, Ms. Velazquez, and Mr. Underwood):
H.R. 3869. A bill to amend the Public Health Service Act to
revise and extend programs relating to the health of
individuals who are members of minority groups, and for other
purposes; to the Committee on Energy and Commerce.
By Mr. DIXON (for himself, Mr. Berman, Mr. Brown of
California, Mr. Farr, Mr. Fazio, Mr. Gallegly, Mr.
Lewis of California, Mr. McKeon, Mr. Moorhead, Ms.
Schenk, Mr. Waxman, Mr. McDade, Mr. Hoyer, Mr. Towns,
Mr. Kasich, Mr. Weldon, Mr. Clyburn, Mr. Abercrombie,
and Ms. Furse):
H.J. Res. 325. A joint resolution designating the week
beginning April 3, 1994, as ``National Earthquake Awareness
Week''; to the Committee on Post Office and Civil Service.
By Mr. FRANK of Massachusetts (for himself, Mr. Studds,
and Mr. Torkildsen):
H. Res. 362. Resolution expressing the sense of the House
of Representatives that the action taken by the Government of
France against seafood imports from the United States is a
totally unwarranted act of protectionism; jointly, to the
Committees on Ways and Means and Foreign Affairs.
By Mr. TORKILDSEN (for himself, Mr. Blute, Ms. Pryce of
Ohio, Mr. Kim, Mr. Quinn, Mr. Mica, Mr. Baker of
California, Mr. Grams, Mr. Goss, Mr. Buyer, Mr.
Linder, Mr. Knollenberg, Mr. Bunning, and Mr.
Bereuter):
H. Res. 363. Resolution providing that all House of
Representatives meetings and hearings on health care
legislation shall be open to the public, and expressing the
sense of the House that the Senate and the executive branch
should allow public access to the process of health care
reform; jointly, to the Committees on Rules and Government
Operations.
Para. 10.19 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
285. The SPEAKER presented a memorial of the Legislature of
Virgin Islands, relative to Pollyberg Gardens; to the
Committee on Banking, Finance and Urban Affairs.
286. The SPEAKER presented a memorial of the Legislature of
Virgin Islands, relative to George Simmonds Terrace; to the
Committee on Banking, Finance and Urban Affairs.
Para. 10.20 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 123: Mr. DeLay, Mr. Kim, and Mr. Valentine.
H.R. 124: Mr. Wheat.
H.R. 224: Mr. Hochbrueckner.
H.R. 585: Mr. Gillmor.
H.R. 885: Mr. Klug, Mr. Parker, and Mr. Rohrabacher.
H.R. 1055: Mr. Pastor.
H.R. 1685: Mr. Frank of Massachusetts.
H.R. 1719: Mr. Levy.
H.R. 2434: Mr. Camp.
H.R. 2626: Mr. Frost, Mr. Levy, and Mr. Underwood.
H.R. 2859: Mrs. Roukema, Mr. Crane, Mr. McCandless, Mr.
Dickey, Mr. Holden, Mr. Valentine, and Mr. Gingrich.
H.R. 2866: Mrs. Maloney, Mr. Machtley, and Mr. Yates.
H.R. 3205: Mr. Payne of Virginia, Mr. Stenholm, Mr. Tauzin,
and Mr. Browder.
H.R. 3251: Mr. Bereuter, Mr. Kolbe, and Mr. King.
H.R. 3310: Mr. Dellums and Mr. Miller of California.
H.R. 3327: Mr. Richardson, Mr. Roth, and Mr. Kim.
H.R. 3328: Mr. Duncan.
H.R. 3367: Mr. Calvert, Mr. Kreidler, Mr. Penny, Mr.
Saxton, Ms. Ros-Lehtinen, Mr. Goss, Mr. King, Mr. McHugh, and
Mr. Ehlers.
H.R. 3442: Mr. Baker of Louisiana.
H.R. 3523: Mr. King, Mr. Lipinski, Ms. Ros-Lehtinen, Mr.
Zimmer, and Mr. Shays.
H.R. 3584: Mr. Coleman, Mr. Hefner, Mr. Hochbrueckner, Mr.
Johnson of Georgia, Ms. Schenk, and Mr. Taylor of
Mississippi.
H.R. 3637: Mr. Yates, Mr. Porter, Mr. Skeen, Mr. Bevill,
Mr. Lewis of Georgia, Ms. Pelosi, Mr. Sanders, Mr. Lipinski,
Mr. Coleman, Mr. Romero-Barcelo, and Mr. Foglietta.
H.R. 3642: Mr. Andrews of New Jersey, Mr. Bacchus of
Florida, Mr. Barca of Wisconsin, Mr. Barton of Texas, Mr.
Boehner, Mr. Brown of Ohio, Mr. Calvert, Mr. Chapman, Mr.
Coble, Mr. Coleman, Mr. Crapo, Mr. Deutsch, Mr. Dornan, Ms.
Furse, Mr. Gallegly, Mr. Gordon, Mr. Hinchey, Mr. Hoagland,
Mr. Hoyer, Mr. Hughes, Mr. Inslee, Mr. Kasich, Mrs. Kennelly,
Mr. Kreidler, Mr. Kyl, Mr. Lantos, Mr. Linder, Mrs. Lloyd,
Mr. McDade, Mr. Mann, Mr. Martinez, Mr. Neal of
Massachusetts, Mr. Olver, Mr. Petri, Mr. Pickett, Mr. Porter,
Mr. Quillen, Mr. Rahall, Mr. Richardson, Mr. Roth, Mr.
Saxton, Ms. Shepherd, Mr. Sundquist, Mr. Taylor of North
Carolina, Mr. Wilson, Mr. Zeliff, Ms. Pryce of Ohio, Mr.
Lipinski, and Mr. Santorum.
H.R. 3656: Mr. Yates and Mr. Coppersmith.
H.R. 3862: Mr. Bunning, Mr. Linder, Mr. Swett, Mr. McKeon,
Mr. Doolittle, Mr. Camp, Mr. Packard, Mr. Hunter, Mr.
Solomon, Mr. Hancock, Mr. Stearns, Mr. Skeen, Mr.
Sensenbrenner, Mr. McDade, Mr. Saxton, Mr. Barton of Texas,
Mr. Emerson, Mr. Rogers, Mr. Myers of Indiana, Mr. Kingston,
Mr. McCandless, Mr. Spence, Mr. Buyer, Mr. Zeliff, Mr.
Stenholm, Mr. Valentine, Mr. Hutto, Mr. Hall of Texas, Mr.
Deal, Mr. Montgomery, Mr. Parker, Mr. Brewster, Mr. Coble,
and Mr. Taylor of North Carolina.
H.J. Res. 22: Mr. McNulty and Mr. Hansen.
H.J. Res. 303: Mr. Oxley, Mr. Boehlert, Mr. Hefner, Mr.
Martinez, Mrs. Bentley, Mr. Tejeda, Mr. McHugh, Mrs. Morella,
Mr. Frost, Mr. King, Mr. LaFalce, Mr. Hoekstra, Mr. McCollum,
Mr. Bereuter, and Mr. Filner.
H. Con. Res. 147: Ms. Shepherd.
H. Con. Res. 167: Mr. Fingerhut, Mr. Tucker, and Mr.
Sanders.
H. Res. 330: Mr. Bereuter.
H. Res. 343: Mr. Hastings, Mr. Tejeda, Mrs. Johnson of
Connecticut, Mr. Ackerman, Mr. Levy, Mr. Franks of
Connecticut, Mr. Stokes, Mr. Smith of New Jersey, Mr. Engel,
Mr. Ortiz, Mr. Coleman, Mr. Minge, Mrs. Morella, Mr. Frost,
Mr. McCollum, Mr. Hochbrueckner, and Mr. Taylor of
Mississippi.
Para. 10.21 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolution as follows:
H.R. 3457: Mr. Solomon.
.
TUESDAY, FEBRUARY 22, 1994 (11)
The House was called to order by the SPEAKER.
Para. 11.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Friday, February 11, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 11.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2575. A communication from the President of the United
States, transmitting his request for fiscal year 1994
emergency supplemental appropriations for the Department of
Health and Human Services Low-Income Home Energy Assistance
Program, pursuant to 31 U.S.C. 1107 (H. Doc. No. 103-210); to
the Committee on Appropriations and ordered to be printed.
2576. A letter from the Director, the Office of Management
and Budget, transmitting the cumulative report on rescissions
and deferrals of budget authority as of February 1, 1994,
pursuant to 2 U.S.C. 685(e) (H. Doc. No. 103-212); to the
Committee on Appropriations and ordered to be printed.
2577. A communication from the President of the United
States, transmitting the Secretary of Defense's report on the
continued requirement for peacetime draft registration,
pursuant to Public Law 102-484, section 547(b)(106 Stat.
2420); to the Committee on Armed Services.
2578. A letter from the Secretary of Education,
transmitting final regulations--Rehabilitation Services
Administration Programs education programs, pursuant to 20
U.S.C. 1232(d)(1); to the Committee on Education and Labor.
2579. A letter from the Secretary of Education,
transmitting a draft of proposed legislation to authorize the
College Construction Loan Insurance Association to guarantee,
insure, and reinsure financial instruments involving public
elementary and secondary education facilities, and for other
purposes; to the Committee on Education and Labor.
2580. A letter from the Acting Assistant General Counsel,
Department of Energy, transmitting notice of meetings
relating to the International Energy Program; to the
Committee on Energy and Commerce.
2581. A letter from the Deputy Director, Defense Security
Assistance Agency, transmitting the Navy's proposed lease of
defense articles to the North Atlantic Treaty Organization
(Transmittal No. 09-94), pursuant to 22 U.S.C. 2796a(a); to
the Committee on Foreign Affairs.
2582. A letter from the Director, Defense Security
Assistance Agency, transmitting the Department of the Air
Force's proposed lease of defense articles to Korea
(Transmittal No. 10-94), pursuant to 22 U.S.C. 2796a(a); to
the Committee on Foreign Affairs.
2583. A communication from the President of the United
States, transmitting a report on the activities of U.S.-
U.S.S.R. Standing Consultative Commission during calendar
year 1993, pursuant to 22 U.S.C. 2578; to the Committee on
Foreign Affairs.
2584. A letter from the Secretary of State, transmitting
the listing of a commercial military export that is eligible
for approval in calendar year 1994, pursuant to 22 U.S.C.
2765(a); to the Committee on Foreign Affairs.
2585. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international
[[Page 110]]
agreements, other than treaties, entered into by the United
States, pursuant to 1 U.S.C. 112b(a); to the Committee on
Foreign Affairs.
2586. A communication from the President of the United
States, transmitting notification that the United States has
expanded its participation in the effort to reach a peaceful
resolution of the conflict in the former Yugoslavia (H. Doc.
No. 103-211); to the Committee on Foreign Affairs and ordered
to be printed.
2587. A letter from the Chief Financial Officer, Export-
Import Bank, transmitting the Bank's annual report for the
fiscal year ended September 30, 1993; to the Committee on
Government Operations.
2588. A letter from the Acting Chairman, Federal Deposit
Insurance Corporation, transmitting a copy of the annual
report in compliance with the Government in the Sunshine Act
during the calendar year 1993, pursuant to 5 U.S.C. 552b; to
the Committee on Government Operations.
2589. A letter from the Acting Staff Director, U.S.
Commission on Civil Rights, transmitting the annual report
under the Federal Managers' Financial Integrity Act for
fiscal year 1993, pursuant to 31 U.S.C. 3512(c)(3); to the
Committee on Government Operations.
2590. A letter from the Secretaries of the Interior and
Transportation, transmitting a final report on a survey of
recreational vessel use and recreational vessel fuel use,
pursuant to 46 U.S.C. 13101 note; to the Committee on
Merchant Marine and Fisheries.
2591. A letter from the Director, Office of Personnel
Management, transmitting the interim report on the Senior
Executive Service, pursuant to 5 U.S.C. 3135(a) and 5 U.S.C.
4314(d); to the Committee on Post Office and Civil Service.
2592. A letter from the Secretary of Transportation,
transmitting a draft of proposed legislation to amend section
1004 of Public Law 102-240, and for other purposes; to the
Committee on Public Works and Transportation.
2593. A communication from the President of the United
States, transmitting notice of his intention to add
Kazakhstan and Romania to the list of beneficiary development
countries under the Generalized System of Preferences (GSP),
pursuant to 19 U.S.C. 2462(a) (H. Doc. No. 103-209); to the
Committee on Ways and Means and ordered to be printed.
Para. 11.3 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed with an amendment in which the concurrence of
the House is requested, a bill of the House of the following title:
H.R. 3345. An Act to provide temporary authority to
Government agencies relating to voluntary separation
incentive payments, and for other purposes.
Para. 11.4 communication from the clerk--message from the senate
The SPEAKER laid before the House a communication, which was read as
follows:
House of Representatives,
Washington, DC, February 22, 1994.
Hon. Thomas S. Foley,
The Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, the Clerk received the following message
from the Secretary of the Senate on Friday, February 11, 1994
at 7:47 p.m.: that the Senate agreed to the Conference Report
on H.R. 3759.
With great respect, I am
Sincerely yours,
Donnald K. Anderson,
Clerk.
Para. 11.5 enrolled bill
The SPEAKER announced that pursuant to clause 4, rule I, he signed the
following enrolled bill on Friday, February 11, 1994:
H.R. 3759. An Act making emergency supplemental
appropriations for the fiscal year ending September 30, 1994,
and for other purposes.
Para. 11.6 order of business--consideration of h. res. 343
On motion of Mr. GORDON, by unanimous consent,
Ordered, That it may be in order on Wednesday, February 23, 1994, or
any day thereafter, for the House to consider the resolution (H. Res.
343) to express the sense of the House of Representatives condemning the
racist, anti-Catholic, and anti-Semitic speech given by a senior
representative of the Nation of Islam and all manifestations and
expressions of hatred based on race, religion and ethnicity, and that
the previous question be considered as ordered on the resolution to its
adoption without intervening motion or demand for division of the
question.
Para. 11.7 hour of meeting
On motion of Mr. GORDON, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 1
o'clock p.m. on Wednesday, February 23, 1994.
Para. 11.8 messages from the president
Sundry messages in writing from the President of the United States
were communicated to the House by Mr. McCathran, one of his secretaries.
Para. 11.9 safe schools
Mr. KILDEE moved to suspend the rules and pass the bill (H.R. 2455) to
help local school systems achieve Goal Six of the National Education
Goals, which provides that by the year 2000, every school in America
will be free of drugs and violence and will offer a disciplined
environment conducive to learning, by ensuring that all schools are safe
and free of violence; as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. KILDEE and Mr.
GOODLING, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 11.10 u.s. involvement in the south pacific
Mr. FALEOMAVAEGA moved to suspend the rules and agree to the following
concurrent resolution (H. Con. Res. 180); as amended:
Whereas the United States has strong and enduring economic,
political, and strategic ties with the South Pacific region,
which are integral to the achievement of a New Pacific
Community;
Whereas the countries of the region play a constructive
international role, were supportive of the United States
throughout the Cold War and continue to support its role in
ensuring regional stability and security, and share a
commitment to democratic values, free-markets, and human
rights;
Whereas the United States is geographically and
historically a member of the Pacific community and has unique
relationships with, and responsibilities to, its Pacific
Island territories, freely associated states, and former
territories;
Whereas the United States has significant and expanding
commercial interests in the South Pacific and enjoys a
substantial trade surplus with countries of the region, and
the promotion of commercial links between the United States
and countries of the region is welcomed as providing a
necessary foundation for future economic well-being;
Whereas the region's fisheries resources are of vital
importance to the economic well-being of Pacific Island
countries and have provided lucrative commercial
opportunities for the United States fishing industry, and the
effective management of these resources and the continued
functioning of the South Pacific Fisheries Treaty are
essential;
Whereas the United States has been welcomed as a member of
South Pacific regional organizations, including the South
Pacific Commission and the South Pacific Regional
Environmental Program, and as a dialogue partner of the South
Pacific Forum;
Whereas environmental issues can bear directly on the
economic and physical security of countries in the South
Pacific region, have the potential to effect the well-being
of United States citizens in the Pacific region, and can only
be dealt with effectively at the regional and global level;
Whereas peoples of the South Pacific have actively
contributed to the development of a peaceful international
community through their constructive participation in
international forums, including the United Nations and its
peacekeeping operations, and through support for the South
Pacific Nuclear Free Zone, the Treaty on the Non-
Proliferation of Nuclear Weapons, and the Chemical Weapons
Convention;
Whereas United States leadership in extending its nuclear
testing moratorium is warmly welcomed by countries of the
South Pacific, and countries of the South Pacific have shown
understanding for United States efforts to dispose of its
chemical weapons stockpile while emphasizing the importance
of the United States commitment to close the Johnston Atoll
Chemical Agent Destruction System when the current program of
chemical weapons and agent destruction is completed;
Whereas there has been only one Heads-of-Government summit
involving the President of the United States and Pacific
Island leaders, and there is considerable value in dialogue
at a senior political level with all countries of the region;
[[Page 111]]
Whereas the United States has reduced its diplomatic
presence in the South Pacific to a minimum, the Agency for
International Development is closing posts in the region, and
the current very modest program of United States foreign
assistance to Pacific Island countries may be reduced; and
Whereas the United States has an opportunity to bolster its
links with the Pacific Island countries through the
negotiation of a Joint Declaration of Cooperation: Now,
therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That it is the sense of the Congress that--
(1) it is in the national interest for the United States to
remain actively engaged in the South Pacific region as a
means of supporting the important United States commercial
and strategic interests, and to encourage the consolidation
of democratic values;
(2) the United States should encourage economic, trade, and
investment relationships with the countries of the South
Pacific, in particular through the Joint Commercial
Commission and its working group, and through other Asia/
Pacific regional forums;
(3) the United States should seek to maintain its
diplomatic presence in the South Pacific region;
(4) notwithstanding current fiscal constraints, the
executive branch, particularly the Department of State,
should work actively with the Congress to continue the very
modest levels of foreign assistance provided to the region
and to encourage the active participation in the region of
other international donors;
(5) the United States has interests in preserving the
natural resources and biodiversity of the South Pacific
region, and is uniquely positioned to promote sustainable
development through active participation in the South Pacific
Regional Environmental Program and the United Nations Global
Conference for the Sustainable Development of Small Island
States and through implementation of the Biodiversity and
Climate Conventions;
(6) the United States should cooperate closely with
regional governments to strengthen sustainable management
principles and practices as they apply to the region's
fisheries resources;
(7) the United States should avail itself of the
opportunity for contact with leaders of all South Pacific
countries through regular Ministerial/Cabinet level meetings,
including at the South Pacific Forum dialogue, to ensure that
the views of regional governments are given consideration in
policy deliberations; and
(8) the United States should take an active interest in the
proposed Joint Declaration of Cooperation between the United
States and certain Pacific Island governments as an
opportunity for the United States to renew its commitment to
the region.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. FALEOMAVAEGA
and Mr. GILMAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution, as amended, was
agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said concurrent resolution, as amended, was agreed to was, by unanimous
consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
Para. 11.11 message from the president--alaska's mineral resources
The SPEAKER pro tempore, Mr. MONTGOMERY, laid before the House a
message from the President, which was read as follows:
To the Congress of the United States:
I transmit herewith the 1993 Annual Report on Alaska's Mineral
Resources, as required by section 1011 of the Alaska National Interest
Lands Conservation Act (Public Law 96-487; 16 U.S.C. 3151). This report
contains pertinent public information relating to minerals in Alaska
gathered by the U.S. Geological Survey, the U.S. Bureau of Mines, and
other Federal agencies.
William J. Clinton.
The White House, February 22, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Natural Resources.
Para. 11.12 message from the president--radiation control
The SPEAKER pro tempore, Mr. MONTGOMERY, laid before the House a
message from the President, which was read as follows:
To the Congress of the United States:
In accordance with section 540 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360qq) (previously section 360D of the Public Health
Service Act), I am submitting the report of the Department of Health and
Human Services regarding the administration of the Radiation Control for
Health and Safety Act of 1968 during calendar year 1992.
The report recommends the repeal of section 540 of the Federal Food,
Drug, and Cosmetic Act that requires the completion of this annual
report. All the information found in this report is available to the
Congress on a more immediate basis through the Center for Devices and
Radiological Health technical reports, the Radiological Health Bulletin
and other publicly available sources. This annual report serves little
useful purpose and diverts Agency resources from more productive
activities.
William J. Clinton.
The White House, February 22, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Energy and Commerce.
Para. 11.13 bill presented to the president
Mr. ROSE, from the Committee on House Administration, reported that
that committee did on this day present to the President, for his
approval, a bill of the House of the following title:
H.R. 3759. An Act making emergency supplemental
appropriations for the fiscal year ending September 30, 1994,
and for other purposes.
And then,
Para. 11.14 adjournment
On motion of Mr. MICA, pursuant to the special order heretofore agreed
to, at 2 o'clock and 44 minutes p.m., the House adjourned until 1
o'clock p.m. on Wednesday, February 23, 1994.
Para. 11.15 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
[Pursuant to the order of the House on February 11, 1994, the following
report was filed on February 16, 1994]
Mr. FORD of Michigan: Committee on Education and Labor.
H.R. 6. A bill to extend for 6 years the authorizations of
appropriations for the programs under the Elementary and
Secondary Education Act of 1965 and for other purposes; with
amendments (Rept. No. 103-425). Referred to the Committee of
the Whole House on the State of the Union.
Para. 11.16 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BROWN of California (for himself, Mr. Valentine,
Mr. Mineta, Mrs. Lloyd, Mr. Boehlert, Mrs. Morella,
Mr. Swett, Mr. Klein, Mr. McHale, Ms. Eshoo, Mr.
Traficant, Mr. Bacchus of Florida, Mr. Barcia of
Michigan, Mr. Fingerhut, Ms. Harman, Mr. Johnson of
Georgia, Mr. Coppersmith, Ms. Eddie Bernice Johnson
of Texas, Mr. Minge, Mr. Deal, Mr. Scott, Mr.
Becerra, Mr. Barca of Wisconsin, Mr. Rush, Mr.
Sanders, Mr. Olver, and Ms. Slaughter):
H.R. 3870. A bill to promote the research and development
of environmental technologies; to the Committee on Science,
Space, and Technology.
By Mr. ARMEY (for himself, Mr. Combest, Mr. Linder, Mr.
DeLay, Mr. King, Mr. Hoekstra, Mr. Walker, Mr. Bachus
Alabama, Mr. Hancock, Mr. Smith of Michigan, Mr.
Levy, Mr. Bonilla, Mr. Crane, and Mr. Lightfoot):
H.R. 3871. A bill to repeal the substantiation requirement
for the deduction of certain charitable contributions which
was added by the Revenue Reconciliation Act of 1993; to the
Committee on Ways and Means.
By Mr. CONDIT (for himself, Mr. Peterson of Florida,
Ms. Schenk, Mr. Cunningham, and Mr. Canady):
H.R. 3872. A bill to require the Federal Government to
incarcerate or to reimburse State and local governments for
the cost of incarcerating criminal aliens; to the Committee
on the Judiciary.
By Ms. NORTON (for herself, Mr. Blackwell, Mr. Dellums,
Mr. Evans, Mr. Filner, Mr. Frost, Mr. Hinchey, Mr.
Jefferson, Mr. Lewis of Georgia, Mr. Manton, Mr.
Moran, Mrs. Morella, Mr. Murphy, Mr. Olver, Mr.
Owens, Mr. Rangel, Ms. Roybal-Allard, Mr. Sanders,
Mr. Serrano, Mr. Shays, Mr. Stokes, Mrs. Unsoeld, Ms.
Velazquez, Mr. Walsh, Mr. Watt, and Mr. Wynn):
[[Page 112]]
H.R. 3873. A bill to amend the Federal Water Pollution
Control Act to establish a national urban watershed
restoration program; jointly, to the Committees on Public
Works and Transportation and Merchant Marine and Fisheries.
By Ms. SNOWE:
H.R. 3874. A bill to amend various Acts to establish
offices of women's health within certain agencies; jointly,
to the Committees on Energy and Commerce and Ways and Means.
By Mr. TRAFICANT:
H.J. Res. 326. Joint resolution designating January 16,
1995, as ``National Good Teen Day''; to the Committee on Post
Office and Civil Service.
By Mr. CLAY:
H. Res. 364. Resolution providing amounts from the
contingent fund of the House for expenses of investigations
and studies by the Committee on Post Office and Civil Service
in the 2d session of the 103d Congress; to the Committee on
House Administration.
By Mr. HEFLEY:
H. Res. 365. Resolution amending the Rules of the House of
Representatives to limit the availability of appropriations
for office salaries and expenses of the House of
Representatives to 1 year and to require excess amounts
appropriated for the purpose to be used for open-market
purchase of outstanding interest-bearing obligations of the
Government; to the Committee on Rules.
Para. 11.17 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 56: Mr. Ravenel.
H.R. 349: Mr. Johnson of South Dakota.
H.R. 439: Mr. Saxton, Mr. Calvert, Mr. Cunningham, and Mr.
Solomon.
H.R. 561: Mr. Rowland, Mr. Cooper, and Mr. Kolbe.
H.R. 852: Mrs. Meyers of Kansas.
H.R. 896: Mr. Shays.
H.R. 972: Mr. Nadler.
H.R. 1012: Mr. Coppersmith.
H.R. 1048: Mr. Goodlatte.
H.R. 1080: Mr. Cramer.
H.R. 1155: Mr. Gilman and Mr. Schaefer.
H.R. 1164: Mr. Watt, Ms. Waters, Ms. Margolies-Mezvinsky,
and Mr. Lewis of Georgia.
H.R. 1191: Mr. Goss.
H.R. 1671: Mr. Gekas.
H.R. 1961: Mr. Evans and Mr. Deutsch.
H.R. 1980: Mr. Clyburn and Mr. Thomas of Wyoming.
H.R. 2076: Ms. Shepherd.
H.R. 2135: Mr. Schiff, Mr. Horn, and Mr. Linder.
H.R. 2258: Mr. Meehan.
H.R. 2326: Mr. Stupak.
H.R. 2918: Mr. Clay.
H.R. 3247: Mr. Slattery, Ms. Pelosi, Mr. Lantos, Mrs.
Maloney, Mr. Gejdenson, Mr. Torricelli, and Mr. Kleczka.
H.R. 3293: Mr. Lantos and Mr. Cramer.
H.R. 3328: Mr. DeFazio, Mr. Clyburn, and Mr. Hall of Texas.
H.R. 3366: Mr. Parker.
H.R. 3373: Mr. Gejdenson.
H.R. 3374: Mr. Gejdenson.
H.R. 3574: Mr. Inslee and Mr. Meehan.
H.R. 3611: Mr. Filner.
H.R. 3642: Mr. Johnston of Florida.
H.R. 3663: Mr. Menendez, Mr. Nadler, and Ms. Furse.
H.R. 3705: Mr. Mica and Mr. Kreidler.
H.R. 3727: Mr. Inglis of South Carolina, Mr. Hochbrueckner,
Mr. Hobson, Mr. Crapo, and Mr. Shays.
H.R. 3738: Mr. Hochbrueckner, Mr. Filner, Mrs. Kennelly,
Mr. Abercrombie, Mr. Tucker, Mr. Wilson, Mr. Serrano, Mr.
Jefferson, Mrs. Unsoeld, Mr. Foglietta, and Ms. Pelosi.
H.R. 3755: Mr. Fish.
H.R. 3787: Mr. Ehlers, Mr. Kingston, Mr. Linder, Mr. Goss,
and Mr. Shays.
H.J. Res. 9: Mr. Stump.
H.J. Res. 122: Mr. Foglietta, Mr. Barrett of Wisconsin, and
Ms. Pryce of Ohio.
H.J. Res. 129: Mr. Goss.
H.J. Res. 253: Mr. Carr.
H.J. Res. 305: Mr. Kopetski, Mr. Hughes, Mr. Parker, Mr.
Skelton, and Mr. Studds.
H. Con. Res. 124: Mr. Wynn and Mr. Sensenbrenner.
H. Con. Res. 138: Mr. Ramstad, Mr. Lancaster, Mr. Wyden,
and Mrs. Fowler.
H. Con. Res. 147: Mr. Meehan and Ms. Slaughter.
H. Con. Res. 166: Mr. Livingston, Mr. Jefferson, and Mr.
Boehner.
H. Con. Res. 199: Mr. McCollum, Mr. Studds, Ms. Slaughter,
Mr. Fish, Ms. Furse, Mr. Pastor, Mr. McDermott, and Mr.
Stump.
H. Con. Res. 202: Mr. Bonior, Mr. Carr, Mr. Minge, Mr.
Martinez, Mr. Vento, Mr. Sharp, Mr. Pomeroy, Mr. Yates, and
Mr. Sangmeister.
.
WEDNESDAY, FEBRUARY 23, 1994 (12)
Para. 12.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
MONTGOMERY, who laid before the House the following communication:
House of Representatives,
Washington, DC, February 23, 1994.
I hereby designate the Honorable G.V. (Sonny) Montgomery to
act as Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the
House of Representatives.
Para. 12.2 approval of the journal
The SPEAKER pro tempore, Mr. MONTGOMERY, announced he had examined and
approved the Journal of the proceedings of Tuesday, February 22, 1994.
Mr. LINDER, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that the yeas had
it.
Mr. LINDER objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
250
When there appeared
<3-line {>
Nays
160
Para. 12.3 [Roll No. 28]
YEAS--250
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Bacchus (FL)
Baesler
Barca
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Greenwood
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Houghton
Hoyer
Hughes
Hutto
Hyde
Inglis
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennelly
Kildee
Kingston
Kleczka
Klein
Klink
Kopetski
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McInnis
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Myers
Nadler
Natcher
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Roybal-Allard
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Williams
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--160
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clay
Coble
Collins (GA)
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dreier
Duncan
Dunn
Ehlers
Emerson
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gingrich
Goodlatte
Goss
Grams
Grandy
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Horn
Huffington
Hunter
Hutchinson
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kim
King
Klug
Knollenberg
[[Page 113]]
Kolbe
Kreidler
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Murphy
Nussle
Oxley
Packard
Paxon
Petri
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--23
Andrews (TX)
Applegate
Barcia
Blackwell
Brown (CA)
de la Garza
Dornan
Engel
Fish
Flake
Goodling
Hastings
Hoke
Kennedy
Manton
Rowland
Rush
Schroeder
Smith (OR)
Washington
Wheat
Whitten
Wilson
So the Journal was approved.
Para. 12.4 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2594. A letter from the Secretary, Department of the Navy,
transmitting notification of the proposed transfer of the
obsolete submarine Blueback (SS-581) to the Oregon Museum of
Science and Industry, Portland, OR, a not-for-profit
corporation, pursuant to 10 U.S.C. 7308; to the Committee on
Armed Services.
2595. A letter from the Assistant Secretary of Defense,
transmitting the Secretary's report on the implementation of
a plan to adjust personnel policies to permit the orderly
promotion of officers to brigadier general or rear admiral
(lower half); to the Committee on Armed Services.
2596. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting notification
that the Board of Directors approved a guarantee to support
the sale by the Boeing Co. of commercial jet aircraft to
China Southern Airlines, Guangzhou, China, in the amount of
$325,228,935; to the Committee on Banking, Finance and Urban
Affairs.
2597. A letter from the Administrator for Energy
Information Administration, Department of Energy,
transmitting a report entitled ``Performance Profiles of
Major Energy Producers 1992,'' pursuant to 42 U.S.C. 7267; to
the Committee on Energy and Commerce.
2598. A letter from the Assistant Vice President for
Government and Public Affairs, National Railroad Passenger
Corporation, transmitting the Corporation's 1993 annual
report, 1994 legislative report, report on employee salaries
in excess of Federal executive level I, and report on the
performance of passenger routes operated during fiscal year
1993, pursuant to 45 U.S.C. 548(b), 644(1)(B); to the
Committee on Energy and Commerce.
2599. A letter from the Secretary of Commerce, transmitting
a report entitled, ``Preliminary Spectrum Reallocation
Report;'' to the Committee on Energy and Commerce.
2600. A letter from the Comptroller General, General
Accounting Office, transmitting the list of all reports
issued or released in January 1994, pursuant to 31 U.S.C.
719(h); to the Committee on Government Operations.
2601. A letter from the Chairperson, National Endowment for
the Arts, transmitting a report of activities under the
Freedom of Information Act for calendar year 1993, pursuant
to 5 U.S.C. 552(e); to the Committee on Government
Operations.
2602. A letter from the Director, Office of Management and
Budget, transmitting OMB's estimate of the amount of
discretionary new budget authority and outlays for the
current year (if any) and the budget year provided by H.R.
3759, pursuant to Public Law 101-508, section 13101(a) (104
Stat. 1388-578); to the Committee on Government Operations.
2603. A letter from the Director, Peace Corps, transmitting
a report of activities under the Freedom of Information Act
for calendar year 1993, pursuant to 5 U.S.C. 552(e); to the
Committee on Government Operations.
2604. A letter from the Secretary, Postal Rate Commission,
transmitting a copy of the annual report in compliance with
the Government in the Sunshine Act during the calendar year
1993, pursuant to 5 U.S.C. 552b(j); to the Committee on
Government Operations.
2605. A letter from the Chairman, U.S. Commission for the
Preservation of America's Heritage Abroad, transmitting the
annual report on the activities of the inspector general for
fiscal year 1993, pursuant to Public Law 95-452, section 5(b)
(102 Stat. 2526); to the Committee on Government Operations.
2606. A letter from the Solicitor, U.S. Commission on Civil
Rights, transmitting a report of activities under the Freedom
of Information Act for calendar year 1993, pursuant to 5
U.S.C. 552(e); to the Committee on Government Operations.
2607. A letter from the Chairman, U.S. International Trade
Commission, transmitting a report of activities under the
Freedom of Information Act for calendar year 1993, pursuant
to 5 U.S.C. 552(d); to the Committee on Government
Operations.
2608. A letter from the Chairman, Pennsylvania Avenue
Development Corporation, transmitting a draft of proposed
legislation to amend the Pennsylvania Avenue Development
Corporation Act of 1972 to authorize appropriations for
implementation of the development plan for Pennsylvania
Avenue between the Capitol and the White House, and for other
purposes; to the Committee on Natural Resources.
2609. A letter from the Migratory Bird Conservation
Commission, transmitting the annual report of activities for
the fiscal year ended September 30, 1993, pursuant to 16
U.S.C. 715b; to the Committee on Merchant Marine and
Fisheries.
2610. A letter from the Deputy Administrator, General
Services Administration, transmitting informational copies of
the reports of building project survey for Ames, IA; Lower
Manhatten, NY; Upper Manhatten, NY; and Amarillo, TX,
pursuant to 40 U.S.C. 606(a); to the Committee on Public
Works and Transportation.
2611. A letter from the Secretary of Transportation,
transmitting a draft of proposed legislation entitled,
``National Highway System Designation Act of 1994''; to the
Committee on Public Works and Transportation.
2612. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification that
effective December 26, 1993, the danger pay rate for all
areas in Sudan was designated at the 15 percent level,
pursuant to 5 U.S.C. 5928; jointly, to the Committees on
Foreign Affairs and Post Office and Civil Service.
Para. 12.5 order of business--consideration of resolution--question of
privileges
On motion of Mr. ISTOOK, by unanimous consent,
Ordered, That, without further notice, Mr. Istook may call up the
resolution (H. Res. 238) calling on the Committee on Standards of
Official Conduct to conduct an investigation into activity at the House
Post Office to determine whether House rules were broken or whether
public funds were embezzled by Members, on Wednesday, March 2, 1994, at
a time and place to be determined by the Speaker, if said resolution is
determined by the Speaker to be a question of the privileges of the
House pursuant to the provisions of rule IX; and
Ordered further, That if a resolution in any form other than House
Resolution 238 is to be called up on March 2, 1994, Mr. Istook must
notify the House of such intention and present the form of such
resolution at least one legislative day prior to offering said
resolution.
Para. 12.6 khalid muhammad speech
Mr. LANTOS, pursuant to the order of the House of Tuesday, February
22, 1994, called up the following resolution (H. Res. 343):
Whereas the United States House of Representatives strongly
oppose racism, anti-Catholicism, anti-Semitism, and all forms
of ethnic or religious intolerance;
Whereas the racist, anti-Catholic, and anti-Semitic speech
given by Kahlid Abdul Muhammad of the Nation of Islam at Kean
College on November 29, 1993, incites divisiveness and
violence on the basis of race, religion, and ethnicity; and
Whereas Mr. Muhummad specifically justifies the slaughter
of Jews during the Holocaust a fully deserved; disparages the
Pope in the most revolting personal terms; and calls for the
assassination of every white infant, child, man, and woman in
South Africa: Now, therefore, be it
Resolved, That the House of Representatives
(1) condemns the speech given by Kahlid Abdul Muhammad as
outrageous hatemongering of the most vicious and vile kind;
and
(2) condemns all manifestations and expressions of racism,
anti-Catholicism, anti-Semitism, and ethnic or religious
intolerance.
When said resolution was considered.
After debate,
By unanimous consent, the time for debate was extended by twenty
minutes, to be equally divided and controlled by Mr. Lantos and Mr.
Hyde.
After further debate,
The previous question having been ordered by said order of the House.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that the yeas had
it.
Mr. LANTOS demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
[[Page 114]]
The vote was taken by electronic device.
Yeas
361
It was decided in the
Nays
34
<3-line {>
affirmative
Answered present
29
Para. 12.7 [Roll No. 29]
YEAS--361
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Combest
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doolittle
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fields (TX)
Fingerhut
Fish
Foglietta
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kaptur
Kasich
Kennelly
Kildee
Kim
King
Kingston
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
McCandless
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mica
Michel
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Nadler
Natcher
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Owens
Oxley
Packard
Pallone
Parker
Paxon
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Sabo
Sangmeister
Santorum
Sarpalius
Saxton
Schaefer
Schenk
Schiff
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stokes
Stump
Sundquist
Swett
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (WY)
Thurman
Torkildsen
Torres
Torricelli
Tucker
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waxman
Weldon
Wheat
Whitten
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--34
Abercrombie
Clay
Dellums
Dooley
Durbin
Edwards (CA)
Emerson
Fields (LA)
Filner
Gonzalez
Hamburg
Inslee
Kanjorski
Kleczka
Kopetski
Mazzoli
McKinney
Miller (CA)
Payne (NJ)
Penny
Roberts
Rush
Sanders
Skaggs
Stark
Swift
Synar
Thompson
Towns
Unsoeld
Valentine
Washington
Waters
Watt
ANSWERED ``PRESENT''--29
Becerra
Beilenson
Bonior
Clayton
Collins (MI)
Condit
Dornan
Fazio
Ford (MI)
Ford (TN)
Hughes
LaRocco
Lewis (CA)
McCloskey
McDermott
Mfume
Murphy
Orton
Pastor
Rose
Sawyer
Schroeder
Strickland
Studds
Stupak
Tanner
Thomas (CA)
Traficant
Williams
NOT VOTING--9
Andrews (TX)
Flake
Goodling
Hastings
Hilliard
Kennedy
Smith (OR)
Thornton
Wilson
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 12.8 clerk to correct engrossment
On motion of Mr. LANTOS, by unanimous consent,
Ordered, That in the engrossment of the foregoing resolution, the
Clerk be authorized to make the correction reflecting the correct
spelling of Khalid Abdul Muhammad.
Para. 12.9 goals 2000: educate america
On motion of Mr. FORD of Michigan, by unanimous consent, the bill
(H.R. 1804) to improve learning and teaching by providing a national
framework for education reform; to promote the research, consensus
building, and systemic changes needed to ensure equitable educational
opportunities and high levels of educational achievement for all
American students; to provide a framework for reauthorization of all
Federal education programs; to promote the development and adoption of a
voluntary national system of skill standards and certifications, and for
other purposes; together with the following amendment of the Senate
thereto, was taken from the Speaker's table:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--Titles I through IV of this Act may be
cited as the ``Goals 2000: Educate America Act''.
(b) Table of Contents.--The table of contents is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Definitions.
TITLE I--NATIONAL EDUCATION GOALS
Sec. 101. Purpose.
Sec. 102. National education goals.
TITLE II--NATIONAL EDUCATION REFORM LEADERSHIP, STANDARDS, AND
ASSESSMENTS
Part A--National Education Goals Panel
Sec. 201. Purpose.
Sec. 202. National education goals panel.
Sec. 203. Duties.
Sec. 204. Powers of the goals panel.
Sec. 205. Administrative provisions.
Sec. 206. Director and staff; experts and consultants.
Sec. 207. Early childhood assessment.
Part B--National Education Standards and Improvement Council
Sec. 211. Purpose.
Sec. 212. National Education Standards and Improvement Council.
Sec. 213. Duties.
Sec. 214. Annual reports.
Sec. 215. Powers of the council.
Sec. 216. Administrative provisions.
Sec. 217. Director and staff; experts and consultants.
Sec. 218. Opportunity-to-learn development grants.
Part C--Leadership in Educational Technology
Sec. 221. Purposes.
Sec. 222. Federal leadership.
Sec. 223. Office of Educational Technology.
Sec. 224. Uses of funds.
Sec. 225. Non-Federal share.
Sec. 226. Office of Training Technology Transfer.
Part D--Authorization of Appropriations
Sec. 231. Authorization of appropriations.
TITLE III--STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT
Sec. 301. Findings.
Sec. 302. Purpose.
Sec. 303. Authorization of appropriations.
Sec. 304. Allotment of funds.
Sec. 305. State applications.
Sec. 306. State improvement plans.
Sec. 307. Secretary's review of applications; payments.
Sec. 308. State use of funds.
Sec. 309. Subgrants for local reform and professional development.
Sec. 310. Availability of information and training.
Sec. 311. Waivers of statutory and regulatory requirements.
Sec. 312. Progress reports.
Sec. 313. National leadership.
Sec. 314. Assistance to the outlying areas and to the Secretary of the
Interior.
Sec. 315. Clarification regarding State standards and assessments.
Sec. 316. State planning for improving student achievement through
integration of technology into the curriculum.
TITLE IV--MISCELLANEOUS
Sec. 401. Public schools.
[[Page 115]]
Sec. 402. Construction.
Sec. 403. Kalid Abdul Mohammed.
Sec. 404. Prohibition on Federal mandates, direction, and control.
Sec. 405. School prayer.
Sec. 406. Daily silence for students.
Sec. 407. Funding for the Individuals With Disabilities Education Act.
Sec. 408. National Board for Professional Teaching Standards.
Sec. 409. Forgiveness of certain overpayments.
Sec. 410. Study of Goals 2000 and students with disabilities.
Sec. 411. Mentoring, peer counseling and peer tutoring.
Sec. 412. Content and performance standards.
Sec. 413. State-sponsored higher education trust fund savings plan.
Sec. 414. Amendments to sumer youth employment and training program.
Sec. 415. State and local government control of education.
Sec. 416. Protection of pupils.
Sec. 417. Contraceptive devices.
Sec. 418. Educational agencies not denied funds for adopting
constitutional policy relative to prayer in schools.
TITLE V--NATIONAL SKILL STANDARDS BOARD
Sec. 501. Short title.
Sec. 502. Purpose.
Sec. 503. Establishment of National Board.
Sec. 504. Functions of the National Board.
Sec. 505. Deadlines.
Sec. 506. Reports.
Sec. 507. Authorization of appropriations.
Sec. 508. Definitions.
Sec. 509. Sunset provision.
TITLE VI--SAFE SCHOOLS
Part A--Safe Schools Program
Sec. 601. Short title; statement of purpose.
Sec. 602. Safe schools program authorized.
Sec. 603. Eligible applicants.
Sec. 604. Applications and plans.
Sec. 605. Use of funds.
Sec. 606. National leadership.
Sec. 607. National cooperative education statistics system.
Sec. 608. Coordiation of Federal assistance.
Sec. 609. Effective date.
Part B--State Leadership Activities To Promote Safe Schools
Sec. 621. State leasership activities to promote safe schools program.
TITLE VII--MIDNIGHT BASKETBALL LEAGUE TRAINING AND PARTNERSHIP
Sec. 701. Short title.
Sec. 702. Grants for midnight basketball league training and
partnership programs.
Sec. 703. Public housing midnight basketball league programs.
TITLE VIII--YOUTH VIOLENCE IN SCHOOLS AND COMMUNITIES
Sec. 801. Purpose.
Sec. 802. Findings.
Sec. 803. Provisions.
TITLE IX--EDUCATIONAL RESEARCH AND IMPROVEMENT
Sec. 901. Short title.
Part A--Office of Educational Research and Improvement
Sec. 911. Repeal.
Sec. 912. Office of Educational Research and Improvement.
Sec. 913. Savings provisions.
Sec. 914. Field readers.
Part B--Educational Improvement Programs
SUBPART 1--INTERNATIONAL EDUCATION PROGRAM
Sec. 921. International Education Program.
SUBPART 2--AMENDMENTS TO THE CARL D. PERKINS VOCATIONAL AND APPLIED
TECHNOLOGY EDUCATION ACT
Sec. 931. National Occupational Information Coordinating Committee.
SUBPART 3--ELEMENTARY MATHEMATICS AND SCIENCE EQUIPMENT PROGRAM
Sec. 941. Short title.
Sec. 942. Statement of purpose.
Sec. 943. Program authorized.
Sec. 944. Allotments of funds.
Sec. 945. State application.
Sec. 946. Local application.
Sec. 947. Participation of private schools.
Sec. 948. Program requirements.
Sec. 949. Federal administration.
Sec. 950. Authorization of appropriations.
SUBPART 4--MEDIA INSTRUCTION
Sec. 951. Media instruction.
SUBPART 5--STAR SCHOOLS
Sec. 961. Star schools.
SUBPART 6--OFFICE OF COMPREHENSIVE SCHOOL HEALTH EDUCATION
Sec. 971. Office of Comprehensive School Health Education.
SUBPART 7--MINORITY-FOCUSED CIVICS EDUCATION
Sec. 981. Short title.
Sec. 982. Purposes.
Sec. 983. Grants authorized; authorization of appropriations.
Sec. 984. Definitions.
Sec. 985. Applications.
Part C--Definitions
Sec. 991. Definitions.
TITLE X--PARENTS AS TEACHERS
Sec. 1001. Findings.
Sec. 1002. Statement of purpose.
Sec. 1003. Definitions.
Sec. 1004. Program established.
Sec. 1005. Program requirements.
Sec. 1006. Special rules.
Sec. 1007. Parents As Teachers Centers.
Sec. 1008. Evaluations.
Sec. 1009. Application.
Sec. 1010. Payments and Federal share.
Sec. 1011. Authorization of appropriations.
Sec. 1012. Home instruction program for preschool youngsters.
TITLE XI--GUN-FREE SCHOOLS
Sec. 1101. Short title.
Sec. 1102. Gun-free requirements in elementary and secondary schools.
TITLE XII--ENVIRONMENTAL TOBACCO SMOKE
Sec. 1201. Short title.
Sec. 1202. Findings.
Sec. 1203. Definitions.
Sec. 1204. Nonsmoking policy for children's services.
Sec. 1205. Technical assistance.
Sec. 1206. Federally funded programs.
Sec. 1207. Report by the Administrator.
Sec. 1208. Preemption.
SEC. 2. PURPOSE.
It is the purpose of this Act to provide a framework for
meeting the National Education Goals described in title I of
this Act by--
(1) promoting coherent, nationwide, systemic education
reform;
(2) improving the quality of teaching and learning in the
classroom;
(3) defining appropriate and coherent Federal, State, and
local roles and responsibilities for education reform;
(4) establishing valid, reliable, and fair mechanisms for--
(A) building a broad national consensus on United States
education reform;
(B) assisting in the development and certification of high-
quality, internationally competitive content and student
performance standards;
(C) assisting in the development and certification of
opportunity-to-learn standards; and
(D) assisting in the development and certification of high-
quality assessment measures that reflect the internationally
competitive content and student performance standards;
(5) supporting new initiatives at the Federal, State,
local, and school levels to provide equal educational
opportunity for all students to meet high standards; and
(6) providing a framework for the reauthorization of all
Federal education programs by--
(A) creating a vision of excellence and equity that will
guide all Federal education and related programs;
(B) providing for the establishment of high-quality,
internationally competitive content and student performance
standards that all students, including disadvantaged
students, students with diverse racial, ethnic, and cultural
backgrounds, students with disabilities, students with
limited-English proficiency, and academically talented
students, will be expected to achieve;
(C) providing for the establishment of high quality,
internationally competitive opportunity-to-learn standards
that all States, local educational agencies, and schools
should achieve;
(D) encouraging and enabling all State educational agencies
and local educational agencies to develop comprehensive
improvement plans that will provide a coherent framework for
the implementation of reauthorized Federal education and
related programs in an integrated fashion that effectively
educates all children;
(E) providing resources to help individual schools,
including schools serving students with high needs, develop
and implement comprehensive improvement plans; and
(F) promoting the use of technology to enable all students
to achieve the National Education Goals.
SEC. 3. DEFINITIONS.
As used in this Act (other than in titles V and IX)--
(1) the term ``all children'' means children from all
backgrounds and circumstances, including disadvantaged
children, children with diverse racial, ethnic, and cultural
backgrounds, children with disabilities, children with
limited-English proficiency, children who have dropped out of
school, and academically talented children;
(2) the term ``all students'' means students from a broad
range of backgrounds and circumstances, including
disadvantaged students, students with diverse racial, ethnic,
and cultural backgrounds, students with disabilities,
students with limited-English proficiency, students who have
dropped out of school, and academically talented students;
(3) the term ``assessment'' means the overall process and
instrument used to measure student attainment of content
standards, except that such term need not include the
discrete items that comprise each assessment;
(4) the term ``content standards'' means broad descriptions
of the knowledge and skills students should acquire in a
particular subject area;
(5) the term ``Governor'' means the chief executive of the
State;
(6) the term ``intergenerational mentoring program'' means
a program that--
(A) matches adult mentors, with a particular emphasis on
older mentors, with elementary and secondary school age
children for the purposes of sharing experience and skills;
(B) is operated by a nonprofit organization or governmental
agency;
(C) provides opportunities for older individuals to be
involved in the design and operation of the program; and
(D) has established, written mechanisms for screening
mentors, orienting mentors and proteges, matching mentors and
pro-
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teges, and monitoring mentoring relationships;
(7) the terms ``interoperable'' and ``interoperability''
refers to the ability to easily exchange data with, and
connect to, other hardware and software in order to provide
the greatest accessibility for all students;
(8) the term ``local educational agency'' has the meaning
given such term in section 1471(12) of the Elementary and
Secondary Education Act of 1965, except that such term may
include a public school council if such council is mandated
by State law;
(9) the term ``opportunity-to-learn standards'' means the
conditions of teaching and learning necessary for all
students to have a fair opportunity to learn, including ways
of measuring the extent to which such standards are being
met;
(10) the term ``outlying areas'' means Guam, American
Samoa, the Virgin Islands, the Commonwealth of the Northern
Mariana Islands, Palau (until the effective date of the
Compact of Free Association with the Government of Palau),
and the Freely Associated States;
(11) the term ``performance standards'' means concrete
examples and explicit definitions of what students have to
know and be able to do to demonstrate that such students are
proficient in the skills and knowledge framed by content
standards;
(12) the term ``public telecommunication entity'' has the
same meaning given to such term in section 397(12) of the
Communications Act of 1934;
(13) the term ``related services'' includes the types of
services described in section 602(17) of the Individuals with
Disabilities Education Act;
(14) the term ``school'' means a public school that is
under the authority of the State educational agency or a
local educational agency or, for the purpose of carrying out
section 314(b), a school that is operated or funded by the
Bureau of Indian Affairs;
(15) the term ``Secretary'', unless otherwise specified,
means the Secretary of Education;
(16) the term ``State'' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico;
(17) the term ``State educational agency'' has the same
meaning given such term in section 1471(23) of the Elementary
and Secondary Education Act of 1965; and
(18) the term ``technology'' means the latest state-of-the-
art technology products and services, such as closed circuit
television systems, educational television or radio programs
and services, cable television, satellite, copper and fiber
optic transmission, computer, video and audio laser and CD-
ROM disks, and video and audio tapes, or other technologies.
TITLE I--NATIONAL EDUCATION GOALS
SEC. 101. PURPOSE.
It is the purpose of this title to establish National
Education Goals.
SEC. 102. NATIONAL EDUCATION GOALS.
The Congress declares the National Education Goals are as
follows:
(1) School readiness.--
(A) Goal.--By the year 2000, all children in America will
start school ready to learn.
(B) Objectives.--The objectives for the goal described in
subparagraph (A) are that--
(i) all children, including disadvantaged and disabled
children, will have access to high-quality and
developmentally appropriate preschool programs that help
prepare children for school;
(ii) every parent in the United States will be a child's
first teacher and devote time each day to helping such
parent's preschool child learn, and parents will have access
to the training and support parents need; and
(iii) children will receive the nutrition, physical
activity experiences, and health care needed to arrive at
school with healthy minds and bodies, and the number of low-
birthweight babies will be significantly reduced through
enhanced prenatal health systems.
(2) School completion.--
(A) Goal.--By the year 2000, the high school graduation
rate will increase to at least 90 percent.
(B) Objectives.--The objectives for the goal described in
subparagraph (A) are that--
(i) the Nation must dramatically reduce its high school
dropout rate, and 75 percent of high school students who do
drop out of school will successfully complete a high school
degree or its equivalent; and
(ii) the gap in high school graduation rates between United
States students from minority backgrounds and their
nonminority counterparts will be eliminated.
(3) Student achievement and citizenship.--
(A) Goal.--By the year 2000, United States students will
leave grades 4, 8, and 12 having demonstrated competency over
challenging subject matter including English, mathematics,
science, foreign languages, civics and government, economics,
arts, history, and geography, and every school in the United
States will ensure that all students learn to use their minds
well, so students may be prepared for responsible
citizenship, further learning, and productive employment in
our Nation's modern economy.
(B) Objectives.--The objectives for the goal described in
subparagraph (A) are that--
(i) the academic performance of elementary and secondary
students will increase significantly in every quartile, and
the distribution of minority students in each quartile will
more closely reflect the student population as a whole;
(ii) the percentage of students who demonstrate the ability
to reason, solve problems, apply knowledge, and write and
communicate effectively will increase substantially;
(iii) all students will be involved in activities that
promote and demonstrate good citizenship, good health,
community service, and personal responsibility;
(iv) all students will have access to physical education
and health education to ensure all students are healthy and
fit;
(v) the percentage of students who are competent in more
than one language will substantially increase; and
(vi) all students will be knowledgeable about the diverse
heritage of our Nation and about the world community.
(4) Mathematics and science.--
(A) Goal.--By the year 2000, United States students will be
first in the world in mathematics and science achievement.
(B) Objectives.--The objectives for the goal described in
subparagraph (A) are that--
(i) mathematics and science education, including the metric
system of measurement, will be strengthened throughout the
educational system, especially in the early grades;
(ii) the number of teachers with a substantive background
in mathematics and science will increase by 50 percent from
the number of such teachers in 1992; and
(iii) the number of United States undergraduate and
graduate students, especially women and minorities, who
complete degrees in mathematics, science, and engineering
will increase significantly.
(5) Adult literacy and lifelong learning.--
(A) Goal.--By the year 2000, every adult United States
citizen will be literate and will possess the knowledge and
skills necessary to compete in a global economy and exercise
the rights and responsibilities of citizenship.
(B) Objectives.--The objectives for the goal described in
subparagraph (A) are that--
(i) every major United States business will be involved in
strengthening the connection between education and work;
(ii) all workers will have the opportunity to acquire the
knowledge and skills, from basic to highly technical, needed
to adapt to emerging new technologies, work methods, and
markets through public and private educational, vocational,
technical, workplace, or other programs;
(iii) the number of quality programs, including programs at
libraries, that are designed to serve more effectively the
needs of the growing number of part-time and mid-career
students, will increase substantially;
(iv) the proportion of qualified students, especially
minorities, who enter college, who complete at least 2 years
of college, and who complete their degree programs, will
increase substantially; and
(v) the proportion of college graduates who demonstrate an
advanced ability to think critically, communicate
effectively, and solve problems will increase substantially.
(6) Safe, disciplined, and alcohol- and drug- free
schools.--
(A) Goal.--By the year 2000, every school in the United
States will be free of drugs, firearms, alcohol, and violence
and will offer a disciplined environment conducive to
learning.
(B) Objectives.--The objectives for the goal described in
subparagraph (A) are that--
(i) every school will implement a firm and fair policy on
use, possession, and distribution of drugs and alcohol;
(ii) parents, businesses, governmental and community
organizations will work together to ensure that schools
provide a healthy environment and are a safe haven for all
children;
(iii) every school district will develop a sequential,
comprehensive kindergarten through twelfth grade drug and
alcohol prevention education program;
(iv) drug and alcohol curriculum should be taught as an
integral part of sequential, comprehensive health education;
(v) community-based teams should be organized to provide
students and teachers with needed support; and
(vi) every school should work to eliminate sexual
harassment.
(7) Parental participation.--
(A) Goal.--By the year 2000, every school will promote
partnerships that will increase parental involvement and
participation in promoting the social, emotional and academic
growth of children.
(B) Objectives.--The objectives for the Goal established
under subparagraph (A) are that--
(i) every State will develop policies to assist local
schools and school districts to establish programs for
increasing partnerships that respond to the varying needs of
parents and the home, including parents of children who are
disadvantaged or bilingual, or parents of children with
disabilities;
(ii) every school will actively engage parents and families
in a partnership which supports the academic work of children
at home and shared educational decision-making at school; and
(iii) parents and families will help to ensure that schools
are adequately supported and will hold schools and teachers
to high standards of accountability.
(8) Teacher education and professional development.--
(A) Goal.--By the year 2000, the Nation's teaching force
will have access to programs for the continued improvement of
their professional skills and the opportunity to acquire the
knowledge and skills needed to in-
[[Page 117]]
struct and prepare all American students for the next
century.
(B) Objectives.--The objectives for the goal established
under subparagraph (A) are that--
(i) all teachers will have access to preservice teacher
education and continuing professional development activities
that will provide such teachers with the knowledge and skills
needed to teach to an increasingly diverse student population
with a variety of educational, social, and health needs;
(ii) all teachers will have continuing opportunities to
acquire additional knowledge and skills needed to teach
challenging subject matter and to use emerging new methods,
forms of assessment, and technologies;
(iii) States and school districts will create integrated
strategies to attract, recruit, prepare, retrain, and support
the continued professional development of teachers,
administrators, and other educators, so that there is a
highly talented work force of professional educators to teach
challenging subject matter; and
(iv) partnerships will be established, whenever possible,
among local educational agencies, institutions of higher
education, parents, and local labor, business, and
professional associations to provide and support programs for
the professional development of educators.
TITLE II--NATIONAL EDUCATION REFORM LEADERSHIP, STANDARDS, AND
ASSESSMENTS
PART A--NATIONAL EDUCATION GOALS PANEL
SEC. 201. PURPOSE.
It is the purpose of this part to establish a bipartisan
mechanism for--
(1) building a national consensus for education
improvement;
(2) reporting on progress toward achieving the National
Education Goals;
(3) periodically reviewing the goals and objectives
described in title I and recommending adjustments to such
goals and objectives, as needed, in order to guarantee
education reform that continues to provide guidance for
quality, world class education for all students; and
(4) reviewing and approving the voluntary national content
standards, voluntary national student performance standards
and voluntary national opportunity-to-learn standards
certified by the National Education Standards and Improvement
Council, as well as the criteria for the certification of
such standards, and the criteria for the certification of
State assessments or systems of assessments certified by such
Council.
SEC. 202. NATIONAL EDUCATION GOALS PANEL.
(a) Establishment.--There is established in the executive
branch a National Education Goals Panel (hereafter in this
title referred to as the ``Goals Panel'').
(b) Composition.--The Goals Panel shall be composed of 18
members (hereafter in this part referred to as ``members''),
including--
(1) two members appointed by the President;
(2) eight members who are Governors, 3 of whom shall be
from the same political party as the President and 5 of whom
shall be of the opposite political party of the President,
appointed by the Chairperson and Vice Chairperson of the
National Governors' Association, with the Chairperson and
Vice Chairperson each appointing representatives of such
Chairperson's or Vice Chairperson's respective political
party, in consultation with each other;
(3) four Members of the Congress, of whom--
(A) one member shall be appointed by the Majority Leader of
the Senate from among the Members of the Senate;
(B) one member shall be appointed by the Minority Leader of
the Senate from among the Members of the Senate;
(C) one member shall be appointed by the Majority Leader of
the House of Representatives from among the Members of the
House of Representatives; and
(D) one member shall be appointed by the Minority Leader of
the House of Representatives from among the Members of the
House of Representatives; and
(4) four members of State legislatures appointed by the
President of the National Conference of State Legislatures,
of whom 2 shall be of the same political party as the
President of the United States.
(c) Special Appointment Rules.--
(1) In general.--The members appointed pursuant to
subsection (b)(2) shall be appointed as follows:
(A) If the Chairperson of the National Governors'
Association is from the same political party as the
President, the Chairperson shall appoint 3 individuals and
the Vice Chairperson of such association shall appoint 5
individuals.
(B) If the Chairperson of the National Governors'
Association is from the opposite political party as the
President, the Chairperson shall appoint 5 individuals and
the Vice Chairperson of such association shall appoint 3
individuals.
(2) Special rule.--If the National Governors' Association
has appointed a panel that meets the requirements of
subsections (b) and (c), except for the requirements of
paragraph (4) of subsection (b), prior to the date of
enactment of this Act, then the members serving on such panel
shall be deemed to be in compliance with the provisions of
such subsections and shall not be required to be reappointed
pursuant to such subsections.
(d) Terms.--The terms of service of members shall be as
follows:
(1) Presidential appointees.--Members appointed under
subsection (b)(1) shall serve at the pleasure of the
President.
(2) Governors.--Members appointed under paragraph (2) of
subsection (b) shall serve a 2-year term, except that the
initial appointments under such paragraph shall be made to
ensure staggered terms with one-half of such members' terms
concluding every 2 years.
(3) Congressional appointees and state legislators.--
Members appointed under paragraphs (3) and (4) of subsection
(b) shall serve for 2-year terms.
(e) Date of Appointment.--The initial members shall be
appointed not later than 60 days after the date of enactment
of this Act.
(f) Initiation.--The Goals Panel may begin to carry out its
duties under this part when 10 members of the Goals Panel
have been appointed.
(g) Vacancies.--A vacancy on the Goals Panel shall not
affect the powers of the Goals Panel, but shall be filled in
the same manner as the original appointment.
(h) Travel.--Each member may be allowed travel expenses,
including per diem in lieu of subsistence, as authorized by
section 5703 of title 5, United States Code, for each day the
member is engaged in the performance of duties for the Goals
Panel away from the home or regular place of business of the
member.
(i) Chairperson.--
(1) In general.--The members shall select a Chairperson
from among the members described in paragraph (2) of
subsection (b).
(2) Term and political affiliation.--The Chairperson of the
Goals Panel shall serve a 1-year term and shall alternate
between political parties.
SEC. 203. DUTIES.
(a) In General.--The Goals Panel shall--
(1) report on the progress the Nation and the States are
making toward achieving the National Education Goals
described in title I, including issuing an annual national
report card;
(2) submit to the President nominations for appointment to
the National Education Standards and Improvement Council in
accordance with subsections (b) and (c) of section 212;
(3) review and approve (or explain why approval is
withheld) the--
(A) criteria developed by the National Education Standards
and Improvement Council for the certification of content and
student performance standards, assessments or systems of
assessments, and opportunity-to-learn standards; and
(B) voluntary national content standards, voluntary
national student performance standards and voluntary national
opportunity-to-learn standards certified by such Council;
(4) report on promising or effective actions being taken at
the national, State, and local levels, and in the public and
private sectors, to achieve the National Education Goals; and
(5) help build a nationwide, bipartisan consensus for the
reforms necessary to achieve the National Education Goals.
(b) National Report Card.--
(1) In general.--The Goals Panel shall annually prepare and
submit to the President, the Secretary, the appropriate
committees of the Congress, and the Governor of each State a
national report card that shall--
(A) report on the progress of the United States toward
achieving the National Education Goals; and
(B) identify actions that should be taken by Federal,
State, and local governments to enhance progress toward
achieving the National Education Goals.
(2) Form; data.--National report cards shall be presented
in a form, and include data, that is understandable to
parents and the general public.
SEC. 204. POWERS OF THE GOALS PANEL.
(a) Hearings.--
(1) In general.--The Goals Panel shall, for the purpose of
carrying out this part, conduct such hearings, sit and act at
such times and places, take such testimony, and receive such
evidence, as the Goals Panel considers appropriate.
(2) Representation.--In carrying out this part, the Goals
Panel shall conduct hearings to receive reports, views, and
analyses of a broad spectrum of experts and the public on the
establishment of voluntary national content, voluntary
national student performance standards, voluntary national
opportunity-to-learn standards, and State assessments or
systems of assessments described in section 213(e).
(b) Information.--The Goals Panel may secure directly from
any department or agency of the Federal Government
information necessary to enable the Goals Panel to carry out
this part. Upon request of the Chairperson of the Goals
Panel, the head of any such department or agency shall
furnish such information to the Goals Panel to the extent
permitted by law.
(c) Postal Services.--The Goals Panel may use the United
States mail in the same manner and under the same conditions
as departments and agencies of the Federal Government.
(d) Gifts; Use of Facilities.--The Goals Panel may--
(1) accept, administer, and utilize gifts or donations of
services, money, or property, whether real or personal,
tangible or intangible; and
(2) use the research, equipment, services, and facilities
of any department, agency or instrumentality of the Federal
Government, or of any State or political subdivision thereof
with the consent of such department,
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agency, instrumentality, State or subdivision, respectively.
(e) Administrative Arrangements and Support.--
(1) In general.--The Secretary shall provide to the Goals
Panel, on a reimbursable basis, such administrative support
services as the Goals Panel may request.
(2) Contracts and other arrangements.--The Secretary shall,
to the extent appropriate, and on a reimbursable basis, make
contracts and other arrangements that are requested by the
Goals Panel to help the Goals Panel compile and analyze data
or carry out other functions necessary to the performance of
the Goals Panel's responsibilities.
SEC. 205. ADMINISTRATIVE PROVISIONS.
(a) Meetings.--The Goals Panel shall meet on a regular
basis, as necessary, at the call of the Chairperson of the
Goals Panel or a majority of the members of the Goals Panel.
(b) Quorum.--A majority of the members shall constitute a
quorum for the transaction of business.
(c) Voting and Final Decisions.--
(1) In general.--No individual may vote, or exercise any of
the duties or powers of a member of the Goals Panel, by
proxy.
(2) Final decisions.--
(A) In making final decisions of the Goals Panel with
respect to the exercise of its duties and powers the Goals
Panel shall operate on the principle of consensus among the
members of the Goals Panel.
(B) If a vote of the membership of the Goals Panel is
required to reach a final decision with respect to the
exercise of its duties and powers, then such final decision
shall be made by a three-fourths vote of the members of the
Goals Panel who are present and voting.
(d) Public Access.--The Goals Panel shall ensure public
access to the proceedings of the Goals Panel (other than
proceedings, or portions of proceedings, relating to internal
personnel and management matters) and shall make available to
the public, at reasonable cost, transcripts of such
proceedings.
SEC. 206. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.
(a) Director.--The Chairperson of the Goals Panel, without
regard to the provisions of title 5, United States Code,
relating to the appointment and compensation of officers or
employees of the United States, shall appoint a Director to
be paid at a rate not to exceed the rate of basic pay payable
for level V of the Executive Schedule.
(b) Appointment and Pay of Employees.--
(1) In general.--(A) The Director may appoint not more than
4 additional employees to serve as staff to the Goals Panel
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service.
(B) The employees appointed under subparagraph (A) may be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, but shall not
be paid a rate that exceeds the maximum rate of basic pay
payable for GS-15 of the General Schedule.
(2) Additional employees.--The Director may appoint
additional employees to serve as staff to the Goals Panel in
accordance with title 5, United States Code.
(c) Experts and Consultants.--The Goals Panel may procure
temporary and intermittent services of experts and
consultants under section 3109(b) of title 5, United States
Code.
(d) Staff of Federal Agencies.--Upon the request of the
Goals Panel, the head of any department or agency of the
United States may detail any of the personnel of such
department to the Goals Panel to assist the Goals Panel in
carrying out its responsibilities under this part.
SEC. 207. EARLY CHILDHOOD ASSESSMENT.
(a) In general.--The Goals Panel shall support the work of
its Resource and Technical Planning Groups on School
Readiness (hereafter in this subsection referred to as the
``Groups'') to improve the methods of assessing the readiness
of all children for school.
(b) Activities.--The Groups shall--
(1) develop a model of elements of school readiness that
address a broad range of early childhood developmental needs,
including the needs of children with disabilities;
(2) create clear guidelines regarding the nature,
functions, and uses of early childhood assessments, including
norm-referenced assessments and assessment formats that are
appropriate for use in culturally and linguistically diverse
communities, based on model elements of school readiness;
(3) monitor and evaluate early childhood assessments,
including the ability of existing assessments to provide
valid information on the readiness of children for school;
and
(4) monitor and report on the long-term collection of data
on the status of young children to improve policy and
practice, including the need for new sources of data
necessary to assess the broad range of early childhood
developmental needs.
(c) Advice.--The Groups shall advise and assist the
Congress, the Secretary, the Goals Panel, and others
regarding how to improve the assessment of young children and
how such assessments can improve services to children.
(d) Report.--The Goals Panel shall provide reports on the
work of the Groups to the Congress, the Secretary, and the
public.
PART B--NATIONAL EDUCATION STANDARDS AND IMPROVEMENT COUNCIL
SEC. 211. PURPOSE.
It is the purpose of this part to establish a mechanism
to--
(1) certify voluntary national content standards and
voluntary national student performance standards that define
what all students should know and be able to do;
(2) certify challenging State content standards and
challenging State student performance standards submitted by
States on a voluntary basis, if such standards are comparable
in rigor and quality to the voluntary national content
standards and voluntary national student performance
standards certified by the National Education Standards and
Improvement Council;
(3) certify voluntary national opportunity-to-learn
standards that describe the conditions of teaching and
learning necessary for all students to have a fair
opportunity to achieve the knowledge and skills described in
the voluntary national content standards and the voluntary
national student performance standards certified by the
National Education Standards and Improvement Council;
(4) certify comprehensive State opportunity-to-learn
standards submitted by States on a voluntary basis that--
(A) describe the conditions of teaching and learning
necessary for all students to have a fair opportunity to
learn; and
(B) address the elements described in section 213(c)(3);
and
(5) certify assessments or systems of assessments submitted
by States or groups of States on a voluntary basis, if such
assessments or systems--
(A) are aligned with and support State content standards
certified by such Council; and
(B) are valid, reliable, and fair when used for their
intended purposes.
SEC. 212. NATIONAL EDUCATION STANDARDS AND IMPROVEMENT
COUNCIL.
(a) Establishment.--There is established in the executive
branch a National Education Standards and Improvement Council
(hereafter in this part referred to as the ``Council'').
(b) Composition.--The Council shall be composed of 19
members (hereafter in this part referred to as ``members'')
appointed by the President from nominations submitted by the
Goals Panel.
(c) Qualifications.--
(1) In general.--The members of the Council shall include--
(A) five professional educators appointed from among
elementary and secondary classroom teachers, preschool
educators, related services personnel, and other school-based
professionals, State or local educational agency
administrators, or other educators;
(B) four representatives of business and industry or
postsecondary educational institutions, including at least 1
representative of business and industry who is also a member
of the National Skill Standards Board established pursuant to
title V;
(C) five representatives of the public, appointed from
among representatives of advocacy, civil rights, and
disability groups, parents, civic leaders, tribal
governments, or State or local education policymakers
(including members of State or local school boards); and
(D) five education experts, appointed from among experts in
measurement and assessment, curriculum, school finance and
equity, or school reform.
(2) Nominations.--The Goals Panel shall submit to the
President at least 15 nominations for each of the 4
categories of appointment described in subparagraphs (A)
through (D) of paragraph (1).
(3) Representation.--To the extent feasible, the membership
of the Council shall--
(A) be geographically representative of the United States
and reflect the diversity of the United States with respect
to race, ethnicity, gender and disability characteristics;
and
(B) include persons from each of the 4 categories described
in subparagraphs (A) through (D) of paragraph (1) who have
expertise in the education of subgroups of students who are
at risk of school failure.
(d) Terms.--
(1) In general.--Members shall be appointed for 3-year
terms, with no member serving more than 2 consecutive terms.
(2) Initial terms.--The President shall establish initial
terms for members of 1, 2, or 3 years in order to establish a
rotation in which one-third of the members are selected each
year.
(e) Date of Appointment.--The initial members shall be
appointed not later than 120 days after the date of enactment
of this Act.
(f) Initiation.--The Council shall begin to carry out the
duties of the Council under this part when all 19 members
have been appointed.
(g) Retention.--In order to retain an appointment to the
Council, a member shall attend at least two-thirds of the
scheduled meetings, and hearings when appropriate, of the
Council in any given year.
(h) Vacancy.--A vacancy on the Council shall not affect the
powers of the Council, but shall be filled in the same manner
as the original appointment.
(i) Compensation.--Members who are not regular full-time
employees of the United States, while attending meetings or
hearings of the Council, may be provided compensation at a
rate fixed by the Secretary, but not exceeding the maximum
rate of basic pay payable for GS-15 of the General Schedule.
(j) Travel.--Each member of the Council may be allowed
travel expenses, including per diem in lieu of subsistence,
as authorized by section 5703 of title 5, United States Code,
for each day the member is engaged in the
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performance of duties for the Council away from the home or
regular place of business of the member.
(k) Officers.--The members shall select officers of the
Council from among the members. The officers of the Council
shall serve for 1-year terms.
(l) Conflict of Interest.--No member, staff, expert, or
consultant assisting the Council shall be appointed to the
Council--
(1) if such member, staff, expert, or consultant has a
fiduciary interest in an educational assessment; and
(2) unless such member, staff, expert, or consultant agrees
that such member, staff, expert, or consultant, respectively,
will not obtain such an interest for a period of 2 years from
the date of termination of such member's service on the
Council.
SEC. 213. DUTIES.
(a) Voluntary National Content Standards; Voluntary
National Student Performance Standards.--
(1) In general.--The Council, upon recommendation from a
working group on voluntary national content standards,
shall--
(A) identify areas in which voluntary national content
standards need to be developed;
(B) certify voluntary national content standards and
voluntary national student performance standards that define
what all students should know and be able to do; and
(C) forward such voluntary national content standards and
voluntary national student performance standards to the Goals
Panel for approval.
(2) Criteria.--(A) The Council, upon recommendation from a
working group on voluntary national content standards and
voluntary national student performance standards, shall--
(i) identify and develop criteria to be used for certifying
the voluntary national content standards and voluntary
national student performance standards; and
(ii) before applying such criteria, forward such criteria
to the Goals Panel for approval.
(B) The criteria developed by the Council shall address--
(i) the extent to which the proposed standards are
internationally competitive and comparable to the best
standards in the world;
(ii) the extent to which the proposed voluntary national
content standards and voluntary national student performance
standards reflect the best available knowledge about how all
students learn and about how a content area can be most
effectively taught;
(iii) the extent to which the proposed voluntary national
content standards and voluntary national student performance
standards have been developed through an open and public
process that provides for input and involvement of all
relevant parties, including teachers, related services
personnel, and other professional educators, employers and
postsecondary education institutions, curriculum and subject
matter specialists, parents, secondary school students, and
the public; and
(iv) other factors that the Council deems appropriate.
(C) In developing the criteria, the Council shall work with
entities that are developing, or have already developed,
content standards, and any other entities that the Council
deems appropriate, to identify appropriate certification
criteria.
(b) Voluntary State Content Standards; Voluntary State
Student Performance Standards.--The Council may certify
challenging State content standards and challenging State
student performance standards presented on a voluntary basis
by a State or group of States, if such standards are
comparable in rigor and quality to the voluntary national
content standards and voluntary national student performance
standards certified by the Council.
(c) Voluntary National Opportunity-To-Learn Standards.--
(1) In general.--The Council, upon recommendation from a
working group on voluntary national opportunity-to-learn
standards, shall certify exemplary, voluntary national
opportunity-to-learn standards that will establish a basis
for providing all students a fair opportunity to achieve the
knowledge and skills described in the voluntary national
content standards certified by the Council. In carrying out
the preceding sentence the Council and the working group are
authorized to consider proposals for voluntary national
opportunity-to-learn standards from groups other than those
that receive grants under section 218.
(2) Requirement.--The voluntary national opportunity-to-
learn standards shall be sufficiently general to be used by
any State without unduly restricting State and local
prerogatives regarding instructional methods to be employed.
(3) Elements addressed.--The voluntary national
opportunity-to-learn standards certified by the Council shall
address--
(A) the quality and availability of curricula,
instructional materials, and technologies;
(B) the capability of teachers to provide high-quality
instruction to meet diverse learning needs in each content
area;
(C) the extent to which teachers and administrators have
ready and continuing access to professional development,
including the best knowledge about teaching, learning, and
school improvement;
(D) the extent to which curriculum, instructional
practices, and assessments are aligned to content standards;
(E) the extent to which school facilities provide a safe
and secure environment for learning and instruction and have
the requisite libraries, laboratories, and other resources
necessary to provide an opportunity-to-learn; and
(F) other factors that the Council deems appropriate to
ensure that all students receive a fair opportunity to
achieve the knowledge and skills described in the voluntary
national content standards and the voluntary national student
performance standards certified by the Council.
(4) Additional duties.--In carrying out this subsection,
the Council shall--
(A) identify what other countries with rigorous content
standards do to--
(i) provide their children with opportunities to learn;
(ii) prepare their teachers; and
(iii) provide continuing professional development
opportunities for their teachers; and
(B) develop criteria to be used for certifying the
voluntary national opportunity-to-learn standards and, before
applying such criteria, forward such criteria to the Goals
Panel for approval.
(5) Recommendations and coordination.--The Council shall
assist in the development of the voluntary national
opportunity-to-learn standards by--
(A) making recommendations to the Secretary regarding
priorities and selection criteria for each grant awarded
under section 218; and
(B) coordinating with each consortium receiving a grant
under section 218 to ensure that the opportunity-to-learn
standards the consortium develops for all students are of
high quality and are consistent with the criteria developed
by the Council for the certification of such standards.
(6) Approval.--The Council shall forward the voluntary
national opportunity-to-learn standards that the Council
certifies to the Goals Panel for approval.
(d) Voluntary State Opportunity-To-Learn Standards.--The
Council may certify comprehensive State opportunity-to-learn
standards presented on a voluntary basis by a State that--
(1) describe the conditions of teaching and learning
necessary for all students to have a fair opportunity to
learn; and
(2) address the elements described in section 213(c)(3).
(e) Assessments.--
(1) In general.--(A) The Council shall certify, for a
period not to exceed 5 years, an assessment of a single
subject area or a system of assessments involving several
subject areas presented on a voluntary basis by a State or
group of States if such assessment or system of assessments--
(i) is aligned with such State's or group of States'
challenging State content standards certified by the Council;
(ii) involves multiple measures of student performance; and
(iii) provides for--
(I) the participation of all students with diverse learning
needs in such assessment or system; and
(II) the adaptations and accommodations necessary to permit
such participation.
(B) Assessments or systems of assessments shall be
certified for the purpose of--
(i) exemplifying for students, parents, and teachers the
kinds and levels of achievement that should be expected,
including the identification of student performance
standards;
(ii) improving classroom instruction and improving the
learning outcomes for all students;
(iii) informing students, parents, and teachers about
student progress toward such standards;
(iv) measuring and motivating individual students, schools,
districts, States, and the Nation to improve educational
performance; and
(v) assisting education policymakers in making decisions
about education programs.
(2) Implementation.--(A)(i) The Council shall develop, and
not sooner than 3 years nor later than 4 years after the date
of enactment of this Act, begin utilizing, criteria for the
certification of an assessment or a system of assessments in
accordance with this subsection.
(ii) The Council shall not certify an assessment or system
of assessments for a period of 3 years beginning on the date
of enactment of this Act, if such assessment or system will
be used to make decisions regarding graduation, grade
promotion, or retention of students.
(iii) Before utilizing the criteria described in clause
(i), the Council shall forward such criteria to the Goals
Panel for approval.
(B) The certification criteria described in this paragraph
shall address the extent to which an assessment or a system
of assessments--
(i)(I) is aligned with a State's or a group of States'
challenging State content standards, if such State or group
has challenging State content standards that have been
certified by the Council; and
(II) will support effective curriculum and instruction;
(ii) is to be used for a purpose for which such assessment
or system is valid, reliable, fair, and free of
discrimination; and
(iii) includes all students, especially students with
disabilities or with limited-English proficiency.
(C) In determining appropriate certification criteria under
this paragraph, the Council shall--
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(i) consider standards and criteria being developed by
other national organizations and recent research on
assessment;
(ii) recommend needed research;
(iii) encourage the development and field testing of
assessments or systems of assessments; and
(iv) provide a public forum for discussing, debating, and
building consensus for the criteria to be used for the
certification of assessments or systems of assessments.
(D) Prior to determining the certification criteria
described in this paragraph, the Council shall take public
comment on its proposed certification criteria.
(f) Performance of Duties.--In carrying out its
responsibilities under this title, the Council shall--
(1) work with Federal and non-Federal departments,
agencies, or organizations that are conducting research,
studies, or demonstration projects to determine
internationally competitive education standards and
assessments, and may establish subject matter and other
panels to advise the Council on particular content, student
performance, and opportunity-to-learn standards and on
assessments or systems of assessments;
(2) establish cooperative arrangements with the National
Skill Standards Board to promote the coordination of the
development of content and student performance standards
under this title with the development of skill standards
described in title V;
(3) recommend studies to the Secretary that are necessary
to carry out the Council's responsibilities;
(4) inform the public about what constitutes high quality,
internationally competitive, content, student performance,
and opportunity-to-learn standards, and assessments or
systems of assessments;
(5) on a regular basis, review and update criteria for
certifying content, student performance, and opportunity-to-
learn standards, and assessments or systems of assessments;
and
(6) periodically recertify, as appropriate, the voluntary
national content standards, the voluntary national student
performance standards, and the voluntary national
opportunity-to-learn standards.
(g) Construction.--Nothing in this Act shall be construed
to--
(1) require any State to have standards certified pursuant
to subsection (b) or (d) in order to participate in any
Federal program; or
(2) create a legally enforceable right for any person
against a State, local educational agency, or school based on
a standard or assessment certified by the Council or the
criteria developed by the Council for such certification.
SEC. 214. ANNUAL REPORTS.
Not later than 1 year after the date the Council concludes
its first meeting, and each year thereafter, the Council
shall prepare and submit a report regarding its work to the
President, the Secretary, the appropriate committees of the
Congress, the Governor of each State, and the Goals Panel.
SEC. 215. POWERS OF THE COUNCIL.
(a) Hearings.--
(1) In general.--The Council shall, for the purpose of
carrying out its responsibilities, conduct such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence, as the Council considers appropriate.
(2) Location.--In carrying out this part, the Council shall
conduct public hearings in different geographic areas of the
United States, both urban and rural, to receive the reports,
views, and analyses of a broad spectrum of experts and the
public on the establishment of voluntary national content
standards, voluntary national student performance standards,
voluntary national opportunity-to-learn standards, and
assessments or systems of assessments described in section
213(e).
(b) Information.--The Council may secure directly from any
department or agency of the Federal Government information
necessary to enable the Council to carry out this part. Upon
request of the Chairperson of the Council, the head of such
department or agency shall furnish such information to the
Council to the extent permitted by law.
(c) Postal Services.--The Council may use the United States
mail in the same manner and under the same conditions as
other departments and agencies of the Federal Government.
(d) Gifts; Use of Facilities.--The Council may--
(1) accept, administer, and utilize gifts or donations of
services, money, or property, whether real or personal,
tangible or intangible; and
(2) use the research, equipment, services, and facilities
of any department, agency, or instrumentality of the United
States, or of any State or political subdivision thereof with
the consent of such department, agency, instrumentality,
State or subdivision, respectively.
(e) Administrative Arrangements and Support.--
(1) In general.--The Secretary shall provide to the
Council, on a reimbursable basis, such administrative support
services as the Council may request.
(2) Contracts and other arrangements.--The Secretary, to
the extent appropriate and on a reimbursable basis, shall
enter into contracts and other arrangements that are
requested by the Council to help the Council compile and
analyze data or carry out other functions necessary to the
performance of the Council's responsibilities.
SEC. 216. ADMINISTRATIVE PROVISIONS.
(a) Meetings.--The Council shall meet on a regular basis,
as necessary, at the call of the Chairperson of the Council
or a majority of its members.
(b) Quorum.--A majority of the members shall constitute a
quorum for the transaction of business.
(c) Voting.--The Council shall take all action of the
Council by a majority vote of the total membership of the
Council, ensuring the right of the minority to issue written
views. No individual may vote or exercise any of the powers
of a member by proxy.
(d) Public Access.--The Council shall ensure public access
to its proceedings (other than proceedings, or portions of
proceedings, relating to internal personnel and management
matters) and shall make available to the public, at
reasonable cost, transcripts of such proceedings.
SEC. 217. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.
(a) Director.--The Chairperson of the Council, without
regard to the provisions of title 5, United States Code,
relating to the appointment and compensation of officers or
employees of the United States, shall appoint a Director to
be paid at a rate not to exceed the rate of basic pay payable
for level V of the Executive Schedule.
(b) Appointment and Pay of Employees.--
(1) In general.--(A) The Director may appoint not more than
4 additional employees to serve as staff to the Council
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service.
(B) The employees appointed under subparagraph (A) may be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, but shall not
be paid a rate that exceeds the maximum rate of basic pay
payable for GS-15 of the General Schedule.
(2) Additional employees.--The Director may appoint
additional employees to serve as staff of the Council
consistent with title 5, United States Code.
(c) Experts and Consultants.--The Council may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code.
(d) Staff of Federal Agencies.--Upon the request of the
Council, the head of any department or agency of the Federal
Government may detail any of the personnel of such department
or agency to the Council to assist the Council in carrying
out its duties under this part.
SEC. 218. OPPORTUNITY-TO-LEARN DEVELOPMENT GRANTS.
(a) Opportunity-To-Learn Development Grants.--
(1) In general.--The Secretary is authorized to award more
than one grant, on a competitive basis, to consortia of
individuals and organizations to enable such consortia to
develop voluntary national opportunity-to-learn standards,
and a listing of model programs for use, on a voluntary
basis, by States in--
(A) assessing the capacity and performance of individual
schools; and
(B) developing appropriate actions to be taken in the event
that the schools fail to achieve such standards.
(2) Composition of consortium.--To the extent possible,
each consortium described in paragraph (1) shall include the
participation of--
(A) Governors (other than Governors serving on the Goals
Panel);
(B) chief State school officers;
(C) teachers, especially teachers involved in the
development of content standards, and related services
personnel;
(D) principals;
(E) superintendents;
(F) State and local school board members;
(G) curriculum and school reform experts;
(H) parents;
(I) State legislators;
(J) representatives of businesses;
(K) representatives of higher education;
(L) representatives of regional accrediting associations;
(M) representatives of advocacy groups; and
(N) secondary school students.
(b) Applications.--Each consortium that desires to receive
a grant under this subsection shall submit an application to
the Secretary at such time, in such manner, and containing
such information and assurances as the Secretary may require.
(c) Award Consideration.--In establishing priorities and
selection criteria for awarding more than one grant under
this section, the Secretary shall give serious consideration
to the recommendations made by the Council pursuant to
section 213(c)(5)(A).
PART C--LEADERSHIP IN EDUCATIONAL TECHNOLOGY
SEC. 221. PURPOSES.
It is the purpose of this part to promote achievement of
the National Education Goals and--
(1) to provide leadership at the Federal level, through the
Department of Education, by developing a national vision and
strategy--
(A) to infuse technology and technology planning into all
educational programs and training functions carried out
within school systems at the State and local level;
(B) to coordinate educational technology activities among
the related Federal and State departments or agencies,
industry leaders, and interested educational and parental
organizations;
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(C) to establish working guidelines to ensure maximum
interoperability nationwide and ease of access for the
emerging technologies so that no school system will be
excluded from the technological revolution; and
(D) to ensure that Federal technology-related policies and
programs facilitate the use of technology in education;
(2) to promote awareness of the potential of technology for
improving teaching and learning;
(3) to support State and local efforts to increase the
effective use of technology for education;
(4) to demonstrate ways in which technology can be used to
improve teaching and learning, and to help ensure that all
students have an equal opportunity to meet challenging State
education standards;
(5) to ensure the availability and dissemination of
knowledge (drawn from research and experience) that can form
the basis for sound State and local decisions about
investment in, and effective uses of, educational technology;
(6) to promote high-quality professional development
opportunities for teachers and administrators regarding the
integration of technology into instruction and
administration;
(7) to promote the effective uses of technology in existing
Federal education programs, such as chapter 1 of title I of
the Elementary and Secondary Education Act of 1965 and
vocational education programs; and
(8) to monitor, and disseminate information regarding,
advancements in technology to encourage the development of
effective educational uses of technology.
SEC. 222. FEDERAL LEADERSHIP.
(a) Activities Authorized.--
(1) In general.--In order to provide Federal leadership
that promotes higher student achievement through the use of
technology in education and to achieve the purposes of this
part, the Secretary, in consultation with the Office of
Science and Technology Policy, the National Science
Foundation, the Department of Commerce, the Department of
Energy, the National Aeronautics and Space Administration,
and other appropriate Federal departments or agencies, may
carry out activities designed to achieve the purposes of this
part.
(2) Transfer of funds.--For the purpose of carrying out
coordinated or joint activities to achieve the purposes of
this part, the Secretary may accept funds from, and transfer
funds to, other Federal departments or agencies.
(b) National Long-Range Technology Plan.--
(1) In general.--The Secretary shall develop and publish
within 12 months of the date of enactment of this Act, and
update when the Secretary determines appropriate, a national
long-range plan that supports the overall national technology
policy and carries out the purposes of this part.
(2) Plan requirements.--The Secretary shall--
(A) develop the national long-range plan in consultation
with other Federal departments or agencies, State and local
education practitioners and policymakers, experts in
technology and the educational applications of technology,
representatives of a distance learning consortia,
representatives of telecommunications partnerships receiving
assistance under the Star Schools Program Assistance Act, and
providers of technology services and products;
(B) transmit such plan to the President and to the
appropriate committees of the Congress; and
(C) publish such plan in a form that is readily accessible
to the public.
(3) Contents of the plan.--The national long-range plan
shall describe the Secretary's activities to promote the
purposes of this part, including--
(A) how the Secretary will encourage the effective use of
technology to provide all students the opportunity to achieve
challenging State content standards and challenging State
student performance standards, especially through programs
administered by the Department of Education;
(B) joint activities in support of the overall national
technology policy with other Federal departments or agencies,
such as the Office of Science and Technology Policy, the
National Endowment for the Humanities, the National Endowment
for the Arts, the National Aeronautics and Space
Administration, the National Science Foundation, and the
Departments of Commerce, Energy, Health and Human Services,
and Labor--
(i) to promote the use of technology in education, and
training and lifelong learning, including plans for the
educational uses of a national information infrastructure;
and
(ii) to ensure that the policies and programs of such
departments or agencies facilitate the use of technology for
educational purposes, to the extent feasible;
(C) how the Secretary will work with educators, State and
local educational agencies, and appropriate representatives
of the private sector to facilitate the effective use of
technology in education;
(D) how the Secretary will promote--
(i) higher achievement of all students through the
integration of technology into the curriculum;
(ii) increased access to the benefits of technology for
teaching and learning for schools with a high concentration
of children from low-income families;
(iii) the use of technology to assist in the implementation
of State systemic reform strategies;
(iv) the application of technological advances to use in
education; and
(v) increased opportunities for the professional
development of teachers in the use of new technologies;
(E) how the Secretary will determine, in consultation with
appropriate individuals, organizations, industries, and
agencies, the feasibility and desirability of establishing
guidelines to facilitate an easy exchange of data and
effective use of technology in education;
(F) how the Secretary will utilize the outcomes of the
evaluation undertaken pursuant to section 908 of the Star
Schools Program Assistance Act to promote the purposes of
this part; and
(G) the Secretary's long-range measurable goals and
objectives relating to the purposes of this part.
(c) Assistance.--The Secretary shall provide assistance to
the States to enable such States to plan effectively for the
use of technology in all schools throughout the State in
accordance with the purpose and requirements of section 316.
SEC. 223. OFFICE OF EDUCATIONAL TECHNOLOGY.
(a) Amendment to the Department of Education Organization
Act.--Title II of the Department of Education Organization
Act (20 U.S.C. 3411 et seq.) is amended by adding at the end
the following new section:
``office of educational technology
``Sec. 216. There shall be in the Department of Education
an Office of Educational Technology, to be administered by
the Director of Educational Technology. The Director of
Educational Technology shall report directly to the Secretary
and shall perform such additional functions as the Secretary
may prescribe. Such Office shall be established in accordance
with section 405A of the General Education Provisions Act.''.
(b) Amendment to the General Education Provisions Act.--
Part A of the General Education Provisions Act (20 U.S.C.
1221c et seq.) is amended by inserting after section 405 the
following new section:
``SEC. 405A. OFFICE OF EDUCATIONAL TECHNOLOGY.
``(a) Establishment.--The Secretary shall establish an
Office of Educational Technology (hereafter in this section
referred to as the `Office').
``(b) Functions of the Office.--The Director of the Office
of Educational Technology (hereafter in this section referred
to as the `Director'), through the Office, shall--
``(1) in support of the overall national technology policy
and in consultation with other Federal departments or
agencies which the Director determines appropriate, provide
leadership to the Nation in the use of technology to promote
achievement of the National Education Goals and to increase
opportunities for all students to achieve challenging State
content and challenging State student performance standards;
``(2) review all programs and training functions
administered by the Department and recommend policies in
order to promote increased use of technology and technology
planning throughout all such programs and functions;
``(3) review all relevant programs supported by the
Department to ensure that such programs are coordinated with
and support the national long-range technology plan developed
pursuant to this Act; and
``(4) perform such additional functions as the Secretary
may require.
``(c) Personnel.--The Director is authorized to select,
appoint, and employ such officers and employees as may be
necessary to carry out the functions of the Office, subject
to the provisions of title 5, United States Code (governing
appointments in the competitive service), and the provisions
of chapter 51 and subchapter III of chapter 53 of such title
(relating to classification and General Schedule pay rates.
``(d) Experts and Consultants.--The Secretary may obtain
the services of experts and consultants in accordance with
section 3109 of title 5, United States Code.''.
(c) Compensation of the director.--Section 5315 of title 5,
United States Code, is amended by adding at the end the
following:
``Director of the Office of Educational Technology.''.
SEC. 224. USES OF FUNDS.
(a) In General.--The Secretary shall use funds appropriated
pursuant to the authority of section 231(d) for activities
designed to carry out the purpose of this part, including--
(1) providing assistance to technical assistance providers
to enable such providers to improve substantially the
services such providers offer to educators regarding the
educational uses of technology, including professional
development;
(2) consulting with representatives of industry, elementary
and secondary education, higher education, and appropriate
experts in technology and the educational applications of
technology, in carrying out the activities assisted under
this part;
(3) research on, and the development of, guidelines to
facilitate maximum interoperability, efficiency and easy
exchange of data for effective use of technology in
education;
(4) research on, and the development of, educational
applications of the most advanced and newly emerging
technologies;
(5) the development, demonstration, and evaluation of
applications of existing technology in preschool education,
elementary and secondary education, training and lifelong
learning, and professional development of educational
personnel;
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(6) the development and evaluation of software and other
products, including multimedia television programming, that
incorporate advances in technology and help achieve the
National Education Goals, challenging State content standards
and challenging State student performance standards;
(7) the development, demonstration, and evaluation of model
strategies for preparing teachers and other personnel to use
technology effectively to improve teaching and learning;
(8) the development of model programs that demonstrate the
educational effectiveness of technology in urban and rural
areas and economically distressed communities;
(9) research on, and the evaluation of, the effectiveness
and benefits of technology in education giving priority to
research on, and evaluation of, such effectiveness and
benefits in elementary and secondary schools;
(10) a biannual assessment of, and report to the public
regarding, the uses of technology in elementary and secondary
education throughout the United States upon which private
businesses and Federal, State and local governments may rely
for decisionmaking about the need for, and provision of,
appropriate technologies in schools, which assessment and
report shall use, to the extent possible, existing
information and resources;
(11) conferences on, and dissemination of information
regarding, the uses of technology in education;
(12) the development of model strategies to promote gender
equity in the use of technology;
(13) encouraging collaboration between the Department of
Education and other Federal agencies in the development,
implementation, evaluation and funding of applications of
technology for education, as appropriate; and
(14) such other activities as the Secretary determines will
meet the purposes of this part.
(b) Special Rules.--
(1) In general.--The Secretary shall carry out the
activities described in subsection (a) directly or by grant
or contract.
(2) Grants and contracts.--Each grant or contract under
this part shall be awarded--
(A) on a competitive basis; and
(B) pursuant to a peer review process.
SEC. 225. NON-FEDERAL SHARE.
(a) In General.--Subject to subsections (b) and (c), the
Secretary may require any recipient of a grant or contract
under this part to share in the cost of the activities
assisted under such grant or contract, which non-Federal
share shall be announced through a notice in the Federal
Register and may be in the form of cash or in-kind
contributions, fairly valued.
(b) Increase.--The Secretary may increase the non-Federal
share that is required of a recipient of a grant or contract
under this part after the first year such recipient receives
funds under such grant or contract.
(c) Maximum.--The non-Federal share required under this
section shall not exceed 50 percent of the cost of the
activities assisted pursuant to a grant or contract under
this part.
SEC. 226. OFFICE OF TRAINING TECHNOLOGY TRANSFER.
(a) Transfer.--
(1) In general.--The Office of Training Technology Transfer
as established under section 6103 of the Training Technology
Transfer Act of 1988 (20 U.S.C. 5093) is transferred to the
Office of Educational Technology.
(2) Technical amendment.--The first sentence of section
6103(a) of the Training Technology Transfer Act of 1988 (20
U.S.C. 5093(a)) is amended by striking ``Office of
Educational Research and Improvement'' and inserting ``Office
of Educational Technology''.
(b) Authorization of Appropriations.--The Training
Technology Transfer Act of 1988 (20 U.S.C. 5091 et seq.) is
amended by adding at the end the following new section:
``SEC. 6108. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $3,000,000 for
fiscal year 1995, and such sums as may be necessary for each
of the fiscal years 1996 through 1999, to carry out this
chapter.''.
PART D--AUTHORIZATION OF APPROPRIATIONS
SEC. 231. AUTHORIZATION OF APPROPRIATIONS.
(a) National Education Goals Panel.--There are authorized
to be appropriated $3,000,000 for fiscal year 1994, and such
sums as may be necessary for each of the 4 succeeding fiscal
years, to carry out part A.
(b) National Education Standards and Improvement Council.--
There are authorized to be appropriated $3,000,000 for fiscal
year 1994, and such sums as may be necessary for each of the
4 succeeding fiscal years, to carry out part B.
(c) Opportunity-To-Learn Development Grants.--There are
authorized to be appropriated $1,000,000 for fiscal year
1994, and such sums as may be necessary for fiscal year 1995,
to carry out section 219.
(d) Leadership in Educational Technology.--There are
authorized to be appropriated $5,000,000 for the fiscal year
1994, and such sums as may be necessary for each of the
fiscal years 1995 through 1998, to carry out part C.
TITLE III--STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT
SEC. 301. FINDINGS.
The Congress finds that--
(1) all students can learn to high standards and must
realize their potential if the United States is to prosper;
(2) the reforms in education from 1977 through 1992 have
achieved some good results, but such reform efforts often
have been limited to a few schools or to a single part of the
educational system;
(3) leadership must come from teachers, related services
personnel, principals, and parents in individual schools, and
from policymakers at the local, State, tribal, and national
levels, in order for lasting improvements in student
performance to occur;
(4) simultaneous top-down and bottom-up education reform is
necessary to spur creative and innovative approaches by
individual schools to help all students achieve
internationally competitive standards;
(5) strategies must be developed by communities and States
to support the revitalization of all local public schools by
fundamentally changing the entire system of public education
through comprehensive, coherent, and coordinated improvement;
(6) parents, teachers and other local educators, and
business, community, and tribal leaders, must be involved in
developing system-wide improvement strategies that reflect
the needs of their individual communities;
(7) all students are entitled to teaching practices that
are in accordance with accepted standards of professional
practice and that hold the greatest promise of improving
student performance;
(8) all students are entitled to participate in a broad and
challenging curriculum and to have access to resources
sufficient to address other education needs;
(9) State and local education improvement efforts must
incorporate strategies for providing students and families
with coordinated access to appropriate social services,
health care, nutrition, early childhood education, and child
care to remove preventable barriers to learning and enhance
school readiness for all students;
(10) States and local educational agencies, working
together, must immediately set about developing and
implementing such system-wide improvement strategies if our
Nation is to educate all children to meet their full
potential and achieve the National Education Goals described
in title I;
(11) State and local systemic improvement strategies must
provide all students with effective mechanisms and
appropriate paths to the work force as well as to higher
education;
(12) businesses should be encouraged--
(A) to enter into partnerships with schools;
(B) to provide information and guidance to schools based on
the needs of area businesses for properly educated graduates
in general and on the need for particular workplace skills
that the schools may provide;
(C) to provide necessary education and training materials
and support; and
(D) to continue the lifelong learning process throughout
the employment years of an individual;
(13) the appropriate and innovative use of technology,
including distance learning, can be very effective in helping
to provide all students with the opportunity to learn and
meet high standards;
(14) Federal funds should be targeted to support State and
local initiatives, and to leverage State and local resources
for designing and implementing system-wide education
improvement plans; and
(15) quality education management services are being
utilized by local educational agencies and schools through
contractual agreements between local educational agencies or
schools and such businesses.
SEC. 302. PURPOSE.
It is the purpose of this title to--
(1) improve the quality of education for all students by
supporting a long-term, broad-based effort to provide
coherent and coordinated improvements in the system of
education throughout our Nation at the State and local
levels;
(2) provide new authorities and funding for our Nation's
school systems;
(3) not replace or reduce funding for existing Federal
education programs; and
(4) ensure that no State or local educational agency will
reduce its funding for education or for education reform on
account of receiving any funds under this title.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $400,000,000 for
the fiscal year 1994, and such sums as may be necessary for
each of the fiscal years 1995 through 1998, to carry out this
title.
SEC. 304. ALLOTMENT OF FUNDS.
(a) Reservations of Funds.--From funds appropriated
pursuant to the authority of section 303 in each fiscal year,
the Secretary--
(1) shall reserve a total of 1 percent to provide
assistance, in amounts determined by the Secretary--
(A) to the outlying areas;
(B) to the Secretary of the Interior to benefit Indian
students in schools operated or funded by the Bureau of
Indian Affairs; and
(C) to the Alaska Federation of Natives in cooperation with
the Alaska Native Education Council to benefit Alaska Native
students; and
(2) may reserve a total of not more than 4 percent for--
(A) national leadership activities under subsections (a),
(b) and (d) of section 313; and
(B) the costs of peer review of State improvement plans and
applications under this title.
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(b) State Allotments.--From the amount appropriated under
section 303 and not reserved under subsection (a) in each
fiscal year the Secretary shall make allotments to State
educational agencies as follows:
(1) 50 percent of such amount shall be allocated in
accordance with the relative amounts each State would have
received under chapter 1 of title I of the Elementary and
Secondary Education Act of 1965 for the preceding fiscal year
if funds under such chapter in such preceding fiscal year
were not reserved for the outlying areas.
(2) 50 percent of such amount shall be allocated in
accordance with the relative amounts each State would have
received under part A of chapter 2 of title I of the
Elementary and Secondary Education Act of 1965 for the
preceding fiscal year if funds under such chapter in such
preceding fiscal year were not reserved for the outlying
areas.
(c) Reallotments.--If the Secretary determines that any
amount of a State educational agency's allotment for any
fiscal year under subsection (b) will not be needed for such
fiscal year by the State, the Secretary shall reallot such
amount to other State educational agencies that need
additional funds, in such manner as the Secretary determines
is appropriate.
(d) Maintenance of Effort.--Each recipient of funds under
this title, in utilizing the proceeds of an allotment
received under this title, shall maintain the expenditures of
such recipient for the activities assisted under this title
at a level equal to not less than the level of such
expenditures maintained by such recipient for the fiscal year
preceding the fiscal year for which such allotment is
received, except that provisions of this section shall not
apply in any fiscal year in which the amount appropriated to
carry out this title is less than the amount appropriated to
carry out this title in the preceding fiscal year.
(e) Supplement Not Supplant.--Each recipient of funds under
this title, may use the proceeds of an allotment received
under this title only so as to supplement and, to the extent
practicable, increase the level of funds that would, in the
absence of such Federal funds, be made available from non-
Federal sources for the activities assisted under this title.
SEC. 305. STATE APPLICATIONS.
(a) Application.--
(1) In general.--Each State educational agency that desires
to receive an allotment under this title shall submit an
application to the Secretary at such time and in such manner
as the Secretary may determine.
(2) Additional information.--In addition to the information
described in subsections (b) and (c), each such application
shall include--
(A) an assurance that the State educational agency will
cooperate with the Secretary in carrying out the Secretary's
responsibilities under section 313, and will comply with
reasonable requests of the Secretary for data related to the
State's progress in developing and implementing its State
improvement plan under this title;
(B) an assurance that State law provides adequate authority
to carry out each component of the State's improvement plan
developed, or to be developed, under section 306, or that
such authority will be sought; and
(C) such other assurances and information as the Secretary
may require.
(b) First Year.--A State educational agency's application
for the first year of assistance under this title shall--
(1) describe the process by which the State educational
agency will develop a school improvement plan that meets the
requirements of section 306; and
(2) describe how the State educational agency will use
funds received under this title for such year, including how
such agency will make subgrants to local educational agencies
in accordance with section 309(a), and how such agency will
use funds received under this title for education preservice
programs and professional development activities in
accordance with section 309(b).
(c) Subsequent Years.--A State educational agency's
application for the second year of assistance under this
title shall--
(1) cover the second through fifth years of the State's
participation;
(2) include a copy of the State's improvement plan that
meets the requirements of section 306, or if the State
improvement plan is not complete, a statement of the steps
the State will take to complete the plan and a schedule for
doing so; and
(3) include an explanation of how the State educational
agency will use funds received under this title, including
how such agency will make subgrants to local educational
agencies in accordance with section 309(a), and how such
agency will use such funds received under this title for
education preservice programs and professional development
activities in accordance with section 309(b).
SEC. 306. STATE IMPROVEMENT PLANS.
(a) Basic Scope of Plan.--Any State educational agency that
desires to receive an allotment under this title after its
first year of participation shall develop and implement a
State improvement plan for the improvement of elementary and
secondary education in the State.
(b) Plan Development.--
(1) In general.--A State improvement plan under this title
shall be developed by a broad-based State panel in
cooperation with the State educational agency and the
Governor. The panel shall include--
(A) the Governor and the chief State school officer, or
their designees;
(B) the chairperson of the State board of education and the
chairpersons of the appropriate authorizing committees of the
State legislature, or their designees;
(C) school teachers, related services personnel,
principals, and administrators who have successfully improved
student performance; and
(D) representatives of teachers' organizations,
organizations serving young children, parents, secondary
school students, business and labor leaders, community-based
organizations of demonstrated effectiveness, institutions of
higher education, private, nonprofit elementary and secondary
schools, local boards of education, State and local
officials, tribal agencies, as appropriate, and others.
(2) Appointment.--The Governor and the chief State school
officer shall each appoint half the members of the panel and
shall jointly select the Chairperson of the panel and the
representative of a private, nonprofit elementary and
secondary school described in paragraph (1)(D).
(3) Representation.--The membership of the panel shall be
geographically representative of the State and reflect the
diversity of the population of the State with regard to race,
ethnicity, gender and disability characteristics.
(4) Consultation.--The panel shall consult the Governor,
the chief State school officer, the State board of education,
and relevant committees of the State legislature in
developing the State improvement plan.
(5) Outreach.--The panel shall be responsible for
conducting a statewide, grassroots outreach process,
including conducting public hearings, to involve educators,
related services personnel, parents, local officials, tribal
government officials, as appropriate, individuals
representing private nonprofit elementary and secondary
schools, community and business leaders, citizens, children's
advocates, secondary school students, and others with a stake
in the success of students and their education system, and
who are representative of the diversity of the State and the
State's student population, including students of limited-
English proficiency, American Indian, Alaska Native, and
Native Hawaiian students, and students with disabilities, in
the development of the State improvement plan and in a
continuing dialogue regarding the need for and nature of
challenging standards for students and local and State
responsibilities for helping all students achieve such
standards in order to assure that the development and
implementation of the State improvement plan reflects local
needs and experiences and does not result in a significant
increase in paperwork for teachers.
(6) Procedure and approval.--The panel shall develop a
State improvement plan, provide opportunity for public
comment, and submit such plan to the State educational agency
for approval.
(7) Submission.--The State educational agency shall submit
the original State improvement plan developed by the panel
and the State improvement plan modified by such agency,
together with an explanation of any changes made by such
agency to the plan developed by the panel, to the Secretary
for approval.
(8) Matters not under the jurisdiction of the state
educational agency.--If any portion of a State improvement
plan addresses matters that, under State or other applicable
law, are not under the authority of the State educational
agency, the State educational agency shall obtain the
approval of, or changes to, such portion, with an explanation
thereof, from the Governor or other official responsible for
that portion before submitting such plan to the Secretary.
(9) Monitoring; revisions; reporting.--After approval of
the State improvement plan by the Secretary, the panel shall
be informed of progress on such plan by the State educational
agency, and such agency, in close consultation with teachers,
principals, administrators, advocates and parents in local
educational agencies and schools receiving funds under this
title, shall monitor the implementation and operation of such
plan. The panel shall review such plan, and based on the
progress described in the preceding sentence, determine if
revisions to such plan are appropriate and necessary. The
panel shall periodically report such determination to the
public.
(c) Teaching, Learning, Standards, and Assessments.--Each
State improvement plan shall establish strategies for meeting
the National Education Goals described in title I by
improving teaching and learning and students' mastery of
basic and advanced skills to achieve a higher level of
learning and academic accomplishment in English, math,
science, United States history, geography, foreign languages
and the arts, civics, government, economics, physics, and
other core curricula, and such strategies shall involve
broad-based and ongoing classroom teacher input, such as--
(1) a process for developing or adopting challenging State
content standards and challenging State student performance
standards for all students;
(2) a process for providing assistance and support to local
educational agencies and schools to strengthen the capacity
and responsibility of such agencies and schools to provide
all of their students the opportunity to meet challenging
State content standards and challenging State student
performance standards;
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(3) a process for developing or recommending instructional
materials and technology to support and assist local
educational agencies and schools to provide all of their
students the opportunity to meet the challenging State
content standards and challenging State student performance
standards;
(4) a process for developing and implementing a valid,
fair, nondiscriminatory, and reliable assessment or system of
assessments--
(A) which assessment or system shall--
(i) be aligned with such State's content standards;
(ii) involve multiple measures of student performance;
(iii) provide for--
(I) the participation of all students with diverse learning
needs in such assessment or system; and
(II) the adaptations and accommodations necessary to permit
such participation;
(iv) be consistent with relevant, nationally recognized
professional and technical standards for such assessment or
system;
(v) be capable of providing coherent information about
student attainments relative to the State content standards;
and
(vi) support effective curriculum and instruction; and
(B) which process shall provide for monitoring the
implementation of such assessment, system or set and the
impact of such assessment, system or set on improved
instruction for all students; and
(5) a process for improving the State's system of teacher
and school administrator preparation and licensure, and of
continuing professional development programs, including the
use of technology at both the State and local levels, so that
all teachers, related services personnel, and administrators
develop the subject matter and pedagogical expertise needed
to prepare all students to meet the challenging standards
described in paragraph (1).
(d) Opportunity-To-Learn Strategies.--Each State
improvement plan shall establish strategies for providing all
students with an opportunity to learn.
(e) Accountability and Management.--Each State plan shall
establish strategies for improved accountability and
management of the education system of the State.
(f) Parental and Community Support and Involvement.--Each
State improvement plan shall describe comprehensive
strategies to involve communities, including community
representatives such as parents, businesses, institutions of
higher education, libraries, cultural institutions,
employment and training agencies, health and human service
agencies, intergenerational mentoring programs, and other
public and private nonprofit agencies that provide
nonsectarian social services, health care, child care, early
childhood education, and nutrition to students, in helping
all students meet the challenging State standards.
(g) Making the Improvements System-Wide.--In order to help
provide all students throughout the State the opportunity to
meet challenging State content standards and challenging
State student performance standards, each State improvement
plan shall describe the various strategies for ensuring that
all local educational agencies and schools within the State
are involved in developing and implementing needed
improvements within a specified period of time.
(h) Promoting Bottom-Up Reform.--Each State improvement
plan shall include strategies for ensuring that
comprehensive, systemic reform is promoted from the bottom up
in communities, local educational agencies, and schools, and
is guided by coordination and facilitation from State
leaders.
(i) Benchmarks and Timelines.--Each State improvement plan
shall include specific benchmarks of improved student
performance and of progress in implementing such plan, and
timelines against which the progress of the State in carrying
out such plan, including the elements described in
subsections (c) through (h), can be measured.
(j) Peer Review and Secretarial Approval.--
(1) In general.--(A) The Secretary shall review, within a
reasonable period of time, each State improvement plan
prepared under this section, and each application submitted
under section 305, through a peer review process involving
the assistance and advice of State and local education
policymakers, educators, classroom teachers, related services
personnel, experts on educational innovation and improvement,
parents, advocates, and other appropriate individuals. Such
peer review process shall be representative of the diversity
of the United States with regard to geography, race,
ethnicity, gender and disability characteristics. Such peer
review process shall include at least 1 site visit to each
State.
(B) Notwithstanding the provisions of subparagraph (A), in
the first year that a State educational agency submits an
application for assistance under this title the Secretary
shall not be required to--
(i) review such application through a peer review process;
and
(ii) conduct a site visit.
(2) Approval of plan.--The Secretary shall approve a State
improvement plan if--
(A) such plan is submitted to the Secretary not later than
2 years after the date the State educational agency receives
its first allotment under section 304(b); and
(B) the Secretary determines, after considering the peer
reviewers' comments, that such plan--
(i) reflects a widespread commitment within the State; and
(ii) holds reasonable promise of helping all students.
(3) Disapproval.--The Secretary shall not disapprove a
State's plan, or any State application submitted under
section 305, before offering the State--
(A) an opportunity to revise such plan or application; and
(B) a hearing.
(k) Amendments to Plan.--
(1) In general.--Each State educational agency shall
periodically review its State improvement plan and revise
such plan, as appropriate, in accordance with the process
described in subsection (b).
(2) Review.--The Secretary shall review any major amendment
to a State improvement plan and shall not disapprove any such
amendment before offering a State educational agency--
(A) an opportunity to revise such amendment; and
(B) a hearing.
(l) Preexisting State Plans and Panels.--
(1) In general.--If a State has developed a comprehensive
and systemic State improvement plan to help all students meet
challenging State content standards and challenging State
student performance standards, or any component of such plan,
that meets the intent and purposes of section 302, the
Secretary shall approve such plan or component
notwithstanding that such plan was not developed in
accordance with subsection (b), if--
(A) the Secretary determines that such approval would
further the purposes of State systemic education improvement;
and
(B) such plan ensures broad-based input from various
education, political, community, and other appropriate
representatives.
(2) Special rule.--(A) If, before the date of enactment of
this Act, a State has made substantial progress in developing
a plan that meets the intent and purposes of section 302, but
was developed by a panel that does not meet the requirements
of paragraphs (1) through (3) of subsection (b), the
Secretary shall, at the request of the Governor and the State
educational agency, treat such panel as meeting such
requirements for all purposes of this title if the Secretary
determines that there has been substantial public and
educator involvement in the development of such plan.
(B) If a State has not developed a State improvement plan
but has an existing panel which such State would like to use
for the purpose of developing such plan, then the Secretary
shall, at the request of the Governor and the State
educational agency, treat such panel as meeting the
requirements of paragraphs (1) through (3) of subsection (b)
for all purposes of this title if--
(i) the Secretary determines that such existing panel is
serving a similar such purpose; and
(ii) the composition of such existing panel would ensure
broad-based input from various education, political,
community, and other appropriate representatives.
SEC. 307. SECRETARY'S REVIEW OF APPLICATIONS; PAYMENTS.
(a) First Year.--The Secretary shall approve the State
educational agency's initial year application under section
305(b) if the Secretary determines that--
(1) such application meets the requirements of this title;
and
(2) there is a substantial likelihood that the State will
be able to develop and implement an education improvement
plan that complies with section 306.
(b) Second Through Fifth Years.--The Secretary shall
approve the State educational agency's renewal application
under section 305(c)(1) in the second through fifth years of
participation only if--
(1)(A) the Secretary has approved the State improvement
plan under section 306(j); or
(B) the Secretary determines that the State has made
substantial progress in developing its State improvement plan
and will implement such plan not later than the end of the
second year of participation; and
(2) the application meets the other requirements of this
title.
(c) Payments.--For any fiscal year for which a State has an
approved application under this title, the Secretary shall
provide an allotment to the State educational agency in the
amount determined under section 304(b).
SEC. 308. STATE USE OF FUNDS.
(a) First Year.--In the first year for which a State
educational agency receives an allotment under this title,
such agency--
(1) if the amount appropriated pursuant to the authority of
section 303 for such year is equal to or greater than
$200,000,000, shall use at least 75 percent of such allotted
funds to award subgrants--
(A) to local educational agencies for the development or
implementation of local improvement plans in accordance with
section 309(a); and
(B) to improve educator and related services personnel
preservice programs and for professional development
activities consistent with the State improvement plan and in
accordance with section 309(b);
(2) if the amount appropriated pursuant to the authority of
section 303 for such year is equal to or greater than
$100,000,000, but less than $200,000,000, shall use at least
50 percent of such allotted funds to award subgrants
described in subparagraphs (A) and (B) of paragraph (1);
(3) if the amount appropriated pursuant to the authority of
section 303 for such year is less than $100,000,000, may use
such allotted funds to award subgrants described in
subparagraphs (A) and (B) of paragraph (1); and
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(4) shall use any such allotted funds not used in
accordance with paragraphs (1), (2), and (3) to develop,
revise, expand, or implement a State improvement plan
described in section 306.
(b) Succeeding Years.--Each State educational agency that
receives an allotment under this title for any year after the
first year of participation shall--
(1) use at least 85 percent of such allotment funds in each
such year to make subgrants--
(A) for the implementation of the State improvement plan
and of local improvement plans in accordance with section
309(a); and
(B) to improve educator and related services personnel
preservice programs and for professional development
activities that are consistent with the State improvement
plan in accordance with section 309(b); and
(2) shall use the remainder of such allotted funds for
State activities designed to implement the State improvement
plan, such as--
(A) supporting the development or adoption of challenging
State content standards, challenging State student
performance standards, comprehensive State opportunity-to-
learn standards, and assessment tools linked to the
standards, including activities assisted--
(i) through consortia of States; or
(ii) with the assistance of the National Education
Standards and Improvement Council established under part B of
title II;
(B) supporting the implementation of high-performance
management and organizational strategies, such as site-based
management, shared decisionmaking, or quality management
principles, to promote effective implementation of such plan;
(C) supporting the development and implementation, at the
local educational agency and school building level, of
improved human resource development systems for recruiting,
selecting, mentoring, supporting, evaluating and rewarding
educators;
(D) providing special attention to the needs of minority,
disabled, and female students, including instructional
programs and activities that encourage such students in
elementary and secondary schools to aspire to enter and
complete postsecondary education or training;
(E) supporting innovative and proven methods of enhancing a
teacher's ability to identify student learning needs, and
motivating students to develop higher order thinking skills,
discipline, and creative resolution methods, including
significantly reducing class size and promoting instruction
in chess;
(F) supporting the development, at the State or local
level, of performance-based accountability and incentive
systems for schools;
(G) outreach to and training for parents, tribal officials,
organizations serving young children, classroom teachers,
related services personnel, and other educators, and the
public, related to education improvement;
(H) providing technical assistance and other services to
increase the capacity of local educational agencies and
schools to develop and implement systemic local improvement
plans, implement new assessments or systems of assessments
described in the State improvement plan developed in
accordance with section 306, and develop curricula consistent
with the challenging State content standards and challenging
State student performance standards;
(I) promoting mechanisms for increasing public school
choice, including information and referral programs which
provide parents information on available choices and other
initiatives to promote the establishment of innovative new
public schools, including magnet schools and charter schools;
(J) supporting activities relating to the planning of,
start-up costs associated with, and evaluation of, projects
under which local educational agencies or schools contract
with private management organizations to reform a school;
(K) supporting intergenerational mentoring programs; and
(L) collecting and analyzing data; and
(M) supporting the development, at the State or local
level, of school-based programs that restore discipline and
reduce violence in schools and communities, such as community
mobilization programs.
(c) Limit on Administrative Costs.--A State educational
agency that receives an allotment under this title in any
fiscal year shall use not more than 4 percent of such
allotment in such year, or $100,000, whichever is greater,
for administrative expenses, which administrative expenses
shall not include the expenses related to the activities of
the panel established under section 306(b)(1).
(d) Special Rule.--Any new public school established under
this title--
(1) shall be nonsectarian;
(2) shall not be affiliated with a nonpublic sectarian
school or religious institution; and
(3) shall operate under the authority of a State
educational agency or local educational agency.
SEC. 309. SUBGRANTS FOR LOCAL REFORM AND PROFESSIONAL
DEVELOPMENT.
(a) Subgrants to Local Educational Agencies.--
(1) In general.--(A) Each State educational agency, through
a competitive process, shall make subgrants to local
educational agencies to carry out the authorized activities
described in paragraph (4).
(B) Each subgrant described in subparagraph (A) shall be
for a project of sufficient duration and of sufficient size,
scope, and quality to carry out the purpose of this title
effectively.
(2) Application required.--Each local educational agency
desiring to receive a subgrant under this subsection shall
submit an application to the State educational agency that--
(A) is developed by a broad-based panel, appointed by the
local educational agency, that is representative of the
diversity of the students and community to be served with
regard to race, language, ethnicity, gender, disability and
socioeconomic characteristics, and includes teachers, related
services personnel, secondary school students, parents,
school administrators, business representatives, early
childhood educators, representatives of community-based
organizations, and others, as appropriate, and is approved by
the local educational agency, including any modifications the
local educational agency deems appropriate;
(B) includes, in the application submitted for the second
year of participation, a comprehensive local improvement plan
for school district-wide education improvement, directed at
enabling all students to meet high academic standards,
including specific goals and benchmarks, and includes a
strategy for--
(i) ensuring that all students have a fair opportunity to
learn;
(ii) improving teaching and learning;
(iii) improving governance and management;
(iv) generating and maintaining parental and community
involvement; and
(v) expanding improvements throughout the local educational
agency;
(C) describes how the local educational agency will
encourage and assist schools to develop and implement
comprehensive school improvement plans that focus on helping
all students meet high academic standards and that address
each element of the local educational agency's local
improvement plan described in subparagraph (B);
(D) describes how the local educational agency will
implement specific programs aimed at ensuring improvements in
school readiness and the ability of students to learn
effectively at all grade levels by identifying the most
pressing needs facing students and their families with regard
to social services, health care, nutrition, and child care,
and entering into partnerships with public and private
nonprofit agencies to increase the access of students and
families to coordinated nonsectarian services in a school
setting or at a nearby site;
(E) describes how the subgrant funds will be used by the
local educational agency, and the procedures to be used to
make funds available to schools in accordance with paragraph
(4)(A);
(F) identifies, with an explanation, any State or Federal
requirements that the local educational agency believes
impede educational improvement and that such agency requests
be waived in accordance with section 311, which requests
shall promptly be transmitted to the Secretary by the State
educational agency; and
(G) contains such other information as the State
educational agency may reasonably require.
(3) Monitoring.--The panel described in paragraph (2)(A),
after approval of the local educational agency's application
by the State educational agency, shall be informed of
progress on such plan by the local educational agency, and
the local educational agency shall monitor the implementation
and effectiveness of the local improvement plan in close
consultation with teachers, related services personnel,
principals, administrators, and parents from schools
receiving funds under this title, as well as assure that
implementation of the local improvement plan does not result
in a significant increase in paperwork for teachers. The
panel shall review such plan and based on the progress
described in the preceding sentence, determine if revisions
to the local improvement plan should be recommended to the
local educational agency. The panel shall periodically report
such determination to the public.
(4) Authorized activities.--A local educational agency that
receives a subgrant under this subsection--
(A) in the first year such agency receives the subgrant
shall use--
(i) not more than 25 percent of the subgrant funds to
develop a local improvement plan or for any local educational
agency activities approved by the State educational agency
that are reasonably related to carrying out the State or
local improvement plans, including the establishment of
innovative new public schools; and
(ii) not less than 75 percent of the subgrant funds to
support individual school improvement initiatives related to
providing all students in the school the opportunity to meet
high academic standards; and
(B) in subsequent years, shall use the subgrant funds for
any activities approved by the State educational agency that
are reasonably related to carrying out the State or local
improvement plans (including the establishment of innovative
new public schools), except that at least 85 percent of such
funds shall be made available to individual schools to
develop and implement comprehensive school improvement plans
designed to help all students meet high academic standards.
(b) Subgrants for Preservice Teacher Education and
Professional Development Activities.--
(1) In general.--(A) Each State educational agency, through
a competitive, peer review process, shall make subgrants to a
local educational agency, or a consortium consisting of local
educational agencies, in-
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stitutions of higher education, or nonprofit education
organizations, or any combination thereof, in order to--
(i) improve preservice teacher and related services
personnel education programs in accordance with the State
improvement plan; and
(ii) support continuing, sustained professional development
activities for educators in accordance with the State
improvement plan.
(B) Each State educational agency awarding subgrants under
subparagraph (A) shall give priority to awarding such
subgrants to--
(i) a local educational agency or consortium serving a
greater number or percentage of disadvantaged students than
the statewide average of such number or percentage; or
(ii) a consortium that has a demonstrated record of working
with school districts, such as a consortium that--
(I) prepares and screens teacher interns in professional
development school sites;
(II) focuses on upgrading teachers' knowledge of content
areas; or
(III) targets preparation and continued professional
development of teachers of students with limited-English
proficiency and students with disabilities.
(C) In order to be eligible to receive a subgrant described
in subparagraph (A), a consortium shall include at least 1
local educational agency.
(2) Application.--A local educational agency or consortium
that desires to receive a subgrant under this subsection
shall submit an application to the State educational agency
that--
(A) describes how the local educational agency or
consortium will use the subgrant to improve teacher
preservice and school administrator education programs or to
implement educator and related services personnel
professional development activities in accordance with the
State improvement plan;
(B) identifies the criteria to be used by the local
educational agency or consortium to judge improvements in
preservice education or the effects of professional
development activities in accordance with the State
improvement plan; and
(C) contains any other information that the State
educational agency determines is appropriate.
(3) Authorized activities.--A recipient of a subgrant under
this subsection shall use the subgrant funds for activities
supporting--
(A) the improvement of preservice teacher education and
school administrator programs so that such programs equip
educators with the subject matter and pedagogical expertise
necessary for preparing all students to meet challenging
standards; or
(B) the development and implementation of new and improved
forms of continuing and sustained professional development
opportunities for teachers, related services personnel,
principals, and other educators at the school or school
district level that equip such individuals with such
expertise, and with other knowledge and skills necessary for
leading and participating in continuous education
improvement.
(c) Special Award Rules.--
(1) In general.--(A) Each State educational agency shall
award at least 65 percent of subgrant funds under subsection
(a) in each fiscal year to local educational agencies that
have a greater percentage or number of disadvantaged children
than the statewide average percentage or number for all local
educational agencies in the State.
(B) At least 50 percent of the subgrant funds made
available by a local educational agency to individual schools
under subsection (a) in any fiscal year shall be made
available to schools with a special need for assistance, as
indicated by a high number or percentage of students from
low-income families, low student achievement, or other
similar criteria developed by the local educational agency.
(2) Waiver.--The State educational agency may waive the
requirement of paragraph (1)(A) if such agency does not
receive a sufficient number of applications from local
educational agencies in the State to enable the State
educational agency to comply with such requirement.
SEC. 310. AVAILABILITY OF INFORMATION AND TRAINING.
Proportionate to the number of children in a State or in a
local educational agency who are enrolled in private
elementary or secondary schools--
(1) a State educational agency or local educational agency
which uses funds under this title to develop goals,
challenging State content standards or challenging State
student performance standards, curricular materials, and
assessments or systems of assessments shall, upon request,
make information related to such goals, standards, materials,
and assessments or systems available to private schools; and
(2) a State educational agency or local educational agency
which uses funds under this title for teacher and
administrator training shall provide in the State improvement
plan described in section 306 for the training of teachers
and administrators in private schools located in the
geographical area served by such agency.
SEC. 311. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.
(a) Waiver Authority.--
(1) In general.--Except as provided in subsection (c), the
Secretary may waive any statutory or regulatory requirement
applicable to any program or Act described in subsection (b)
for a State educational agency, local educational agency, or
school, if--
(A) and only to the extent that, the Secretary determines
that such requirement impedes the ability of the State, or of
a local educational agency or school in the State, to carry
out the State or local improvement plan;
(B) the State educational agency has waived, or agrees to
waive, similar requirements of State law;
(C) in the case of a statewide waiver, the State
educational agency--
(i) provides all local educational agencies in the State
with notice and an opportunity to comment on the State
educational agency's proposal to seek a waiver; and
(ii) submits the local educational agencies' comments to
the Secretary; and
(D) in the case of a local educational agency waiver, the
local educational agency provides parents, community groups,
and advocacy or civil rights groups with the opportunity to
comment on the proposed waiver.
(2) Application.--(A)(i) To request a waiver, a local
educational agency or school that receives funds under this
Act, or a local educational agency or school that does not
receive funds under this Act but is undertaking school reform
efforts and has an education reform plan approved by the
State, shall transmit an application for a waiver under this
section to the State educational agency. The State
educational agency then shall submit approved applications
for a waiver under this section to the Secretary.
(ii) A State educational agency requesting a waiver under
this section shall submit an application for such waiver to
the Secretary.
(B) Each application submitted to the Secretary under
subparagraph (A) shall--
(i) describe the purposes and overall expected outcomes of
the request for a waiver and how progress for achieving such
outcomes will be measured;
(ii) identify each Federal program to be involved in the
request for a waiver and each Federal statutory or regulatory
requirement to be waived;
(iii) describe each State and local requirement that will
be waived; and
(iv) demonstrate that the State has made a commitment to
waive related requirements pertaining to the State
educational agency, local educational agency or school.
(3) Timeliness.--The Secretary shall act promptly on a
waiver request and shall provide a written statement of the
reasons for granting or denying such request.
(4) Duration.--
(A) In general.--Each waiver under this section may be for
a period not to exceed 5 years.
(B) Extension.--The Secretary may extend the period
described in subparagraph (A) if the Secretary determines
that the waiver has been effective in enabling the State or
affected local educational agencies to carry out their reform
plans.
(b) Included Programs.--The statutory or regulatory
requirements subject to the waiver authority of this section
are any such requirements under the following programs or
Acts:
(1) Chapter 1 of title I of the Elementary and Secondary
Education Act of 1965, including Even Start.
(2) Part A of chapter 2 of title I of the Elementary and
Secondary Education Act of 1965.
(3) The Dwight D. Eisenhower Mathematics and Science
Education Act.
(4) The Emergency Immigrant Education Act of 1984.
(5) The Drug-Free Schools and Communities Act of 1986.
(6) The Carl D. Perkins Vocational and Applied Technology
Education Act.
(c) Waivers Not Authorized.--The Secretary may not waive
any statutory or regulatory requirement of the programs or
Acts described in subsection (b)--
(1) relating to--
(A) maintenance of effort;
(B) comparability of services;
(C) the equitable participation of students and
professional staff in private schools;
(D) parental participation and involvement; and
(E) the distribution of funds to States or to local
educational agencies; and
(2) unless the underlying purposes of the statutory
requirements of each program or Act for which a waiver is
granted continue to be met to the satisfaction of the
Secretary.
(d) Termination of Waivers.--The Secretary shall
periodically review the performance of any State, local
educational agency, or school for which the Secretary has
granted a waiver and shall terminate the waiver if the
Secretary determines that the performance of the State, the
local educational agency, or the school in the area affected
by the waiver has been inadequate to justify a continuation
of the waiver.
(e) Flexibility Demonstration.--
(1) Short title.--This subsection may be cited as the
``Education Flexibility Partnership Demonstration Act''.
(2) Program authorized.--
(A) In general.--The Secretary shall carry out an education
flexibility demonstration program under which the Secretary
authorizes not more than 6 eligible States to waive any
statutory or regulatory requirement applicable to any program
or Act described in subsection (b), other than requirements
described in subsection (c), for such eligible State or any
local educational agency or school within such State.
(B) Award rule.--In carrying out subparagraph (A), the
Secretary shall select for participation in the demonstration
program de-
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scribed in subparagraph (A) three eligible States that each
have a population of 3,500,000 or greater and three eligible
States that each have a population of less than 3,500,000,
determined in accordance with the most recent decennial
census of the population performed by the Bureau of the
Census.
(C) Designation.--Each eligible State participating in the
demonstration program described in subparagraph (A) shall be
known as an ``Ed-Flex Partnership State''.
(3) Eligible state.--For the purpose of this subsection the
term ``eligible State'' means a State that--
(A) has developed a State improvement plan under section
306 that is approved by the Secretary; and
(B) waives State statutory or regulatory requirements
relating to education while holding local educational
agencies or schools within the State that are affected by
such waivers accountable for the performance of the students
who are affected by such waivers.
(4) State application.--(A) Each eligible State desiring to
participate in the education flexibility demonstration
program under this subsection shall submit an application to
the Secretary at such time, in such manner, and containing
such information as the Secretary may reasonably require.
Each such application shall demonstrate that the eligible
State has adopted an educational flexibility plan for such
State that includes--
(i) a description of the process the eligible State will
use to evaluate applications from local educational agencies
or schools requesting waivers of--
(I) Federal statutory or regulatory requirements described
in paragraph (2)(A); and
(II) State statutory or regulatory requirements relating to
education; and
(ii) a detailed description of the State statutory and
regulatory requirements relating to education that the
eligible State will waive.
(B) The Secretary may approve an application described in
subparagraph (A) only if the Secretary determines that such
application demonstrates substantial promise of assisting the
eligible State and affected local educational agencies and
schools within such State in carrying out comprehensive
educational reform and otherwise meeting the purposes of this
Act, after considering--
(i) the comprehensiveness and quality of the educational
flexibility plan described in subparagraph (A);
(ii) the ability of such plan to ensure accountability for
the activities and goals described in such plan;
(iii) the significance of the State statutory or regulatory
requirements relating to education that will be waived; and
(iv) the quality of the eligible State's process for
approving applications for waivers of Federal statutory or
regulatory requirements described in paragraph (2)(A) and for
monitoring and evaluating the results of such waivers.
(5) Local application.--(A) Each local educational agency
or school requesting a waiver of a Federal statutory or
regulatory requirement described in paragraph (2)(A) and any
relevant State statutory or regulatory requirement from an
eligible State shall submit an application to such State at
such time, in such manner, and containing such information as
such State may reasonably require. Each such application
shall--
(i) indicate each Federal program affected and the
statutory or regulatory requirement that will be waived;
(ii) describe the purposes and overall expected outcomes of
waiving each such requirement;
(iii) describe for each school year specific, measurable,
educational goals for each local educational agency or school
affected by the proposed waiver; and
(iv) explain why the waiver will assist the local
educational agency or school in reaching such goals.
(B) An eligible State shall evaluate an application
submitted under subparagraph (A) in accordance with the
State's educational flexibility plan described in paragraph
(4)(A).
(C) An eligible State shall not approve an application for
a waiver under this paragraph unless--
(i) the local educational agency or school requesting such
waiver has developed a local reform plan that is applicable
to such agency or school, respectively; and
(ii) the waiver of Federal statutory or regulatory
requirements described in paragraph (2)(A) will assist the
local educational agency or school in reaching its
educational goals.
(6) Monitoring.--Each eligible State participating in the
demonstration program under this subsection shall annually
monitor the activities of local educational agencies and
schools receiving waivers under this subsection and shall
submit an annual report regarding such monitoring to the
Secretary.
(7) Duration of federal waivers.--(A) The Secretary shall
not approve the application of an eligible State under
paragraph (4) for a period exceeding 5 years, except that the
Secretary may extend such period if the Secretary determines
that the eligible State's authority to grant waivers has been
effective in enabling such State or affected local
educational agencies or schools to carry out their local
reform plans.
(B) The Secretary shall periodically review the performance
of any eligible State granting waivers of Federal statutory
or regulatory requirements described in paragraph (2)(A) and
shall terminate such State's authority to grant such waivers
if the Secretary determines, after notice and opportunity for
hearing, that such State's performance has been inadequate to
justify continuation of such authority.
(f) Results-Oriented Accountability.--In deciding whether
to extend a request for a waiver under this section the
Secretary shall review the progress of the State educational
agency, local educational agency or school receiving a waiver
to determine if such agency or school has made progress
toward achieving the outcomes described in the application
submitted pursuant to subsection (a)(2)(B)(i).
SEC. 312. PROGRESS REPORTS.
(a) State Reports to the Secretary.--Each State educational
agency that receives an allotment under this title shall
annually report to the Secretary--
(1) on the State's progress in meeting the State's goals
and plans;
(2) on the State's proposed activities for the succeeding
year; and
(3) in summary form, on the progress of local educational
agencies in meeting local goals and plans.
(b) Secretary's Reports to Congress.--By April 30, 1996,
and every 2 years thereafter, the Secretary shall submit a
report to the Committee on Education and Labor of the House
of Representatives and the Committee on Labor and Human
Resources of the Senate describing--
(1) the activities assisted under, and outcomes of, grants
or contracts under paragraph (2) of section 313(b),
including--
(A) a description of the purpose, uses, and technical merit
of assessments evaluated with funds awarded under such
paragraph; and
(B) an analysis of the impact of such assessments on the
performance of students, particularly students of different
racial, gender, ethnic, or language groups and individuals
with disabilities;
(2) the activities assisted under, and outcomes of,
allotments under this title; and
(3) the effect of waivers granted under section 311,
including--
(A) a listing of all State educational agencies, local
educational agencies and schools seeking and receiving
waivers;
(B) a summary of the State and Federal statutory or
regulatory requirements that have been waived, including the
number of waivers sought and granted under each such
statutory or regulatory requirement;
(C) a summary of waivers that have been terminated,
including a rationale for the terminations; and
(D) recommendations to the Congress regarding changes in
statutory or regulatory requirements, particularly those
actions that should be taken to overcome Federal statutory or
regulatory impediments to education reform.
(c) Technical and Other Assistance Regarding School Finance
Equity.--
(1) Technical assistance.--(A) From the national leadership
funds reserved in section 304(a)(2)(A), the Secretary is
authorized to make grants to, and enter into contracts and
cooperative agreements with, State educational agencies and
other public and private agencies, institutions, and
organizations to provide technical assistance to State and
local educational agencies to assist such agencies in
achieving a greater degree of equity in the distribution of
financial resources for education among local educational
agencies in the State.
(B) A grant, contract or cooperative agreement under this
subsection may support technical assistance activities, such
as--
(i) the establishment and operation of a center or centers
for the provision of technical assistance to State and local
educational agencies;
(ii) the convening of conferences on equalization of
resources within local educational agencies, within States,
and among States; and
(iii) obtaining advice from experts in the field of school
finance equalization.
(2) Data.--Each State educational agency or local
educational agency receiving assistance under the Elementary
and Secondary Education Act of 1965 shall provide such data
and information on school finance as the Secretary may
require to carry out this subsection.
(3) Models.--The Secretary is authorized, directly or
through grants, contracts, or cooperative agreements, to
develop and disseminate models and materials useful to States
in planning and implementing revisions of the school finance
systems of such States.
SEC. 313. NATIONAL LEADERSHIP.
(a) Technical Assistance and Integration of Standards.--
From funds reserved in each fiscal year under section
304(a)(2)(A), the Secretary may, directly or through grants
or contracts--
(1) provide technical assistance to States, local
educational agencies, and tribal agencies developing or
implementing school improvement plans, in a manner that
ensures that such assistance is broadly available; or
(2) support model projects to integrate multiple content
standards, if--
(A) such standards are certified by the National Education
Standards and Improvement Council and approved by the
National Goals Panel for different subject areas, in order to
provide balanced and coherent instructional programs for all
students; and
(B) such projects are appropriate for a wide range of
diverse circumstances, localities (including both urban and
rural communities), and populations.
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(b) Innovative Programs; Assessment; Evaluation.--From not
more than 50 percent of the funds reserved in each fiscal
year under section 304(a)(2)(A), the Secretary, directly or
through grants or contracts, shall--
(1) provide urban and rural local educational agencies,
schools, or consortia thereof, with assistance for innovative
or experimental programs in systemic education reform that
are not being undertaken through grants provided under
section 309(a), giving special consideration or priority to
local educational agencies, schools, or consortia thereof
that serve large numbers or concentrations of economically
disadvantaged students, including students of limited-English
proficiency; or
(2) provide a State or local educational agency, nonprofit
organization or consortium thereof with assistance to help
defray the cost of developing, field testing and evaluating
an assessment or system of assessments with a priority on
grants or contracts for limited-English proficiency students
or students with disabilities, if--
(A) such assessment or system--
(i) is to be used for some or all of the purposes described
in section 213(e)(1)(B); and
(ii) is aligned to State content standards certified by the
National Education Standards and Improvement Council; and
(B) such agency, organization or consortium--
(i) examines the validity, reliability, and fairness of
such assessment or system, for the particular purposes for
which such assessment or system was developed; and
(ii) devotes special attention to how such assessment or
system treats all students, especially with regard to the
race, gender, ethnicity, disability and language proficiency
of such students.
(c) Data and Dissemination.--The Secretary shall--
(1) gather data on, conduct research on, and evaluate
systemic education improvement, including the programs
authorized by this title; and
(2) disseminate research findings and other information on
outstanding examples of systemic education improvement in
States and local communities through existing dissemination
systems within the Department of Education, including through
publications, electronic and telecommunications mediums,
conferences, and other means.
SEC. 314. ASSISTANCE TO THE OUTLYING AREAS AND TO THE
SECRETARY OF THE INTERIOR.
(a) Outlying Areas.--
(1) In general.--Funds reserved for the outlying areas in
each fiscal year under section 304(a)(1)(A) shall be made
available to, and expended by, such areas, under such
conditions and in such manner as the Secretary determines
will best meet the purposes of this title.
(2) Inapplicability of public law 95-134.--The provisions
of Public Law 95-134, permitting the consolidation of grants
to the Insular Areas, shall not apply to funds received by
such areas under this title.
(b) Secretary of the Interior.--The funds reserved by the
Secretary for the Secretary of the Interior under section
304(a)(1)(B) shall be made available to the Secretary of the
Interior pursuant to an agreement between the Secretary and
the Secretary of the Interior containing such terms and
assurances, consistent with this title, as the Secretary
determines will best achieve the purpose of this title.
(c) Secretary of Defense.--The Secretary shall consult with
the Secretary of Defense to ensure that, to the extent
practicable, the purposes of this title are applied to the
Department of Defense schools.
SEC. 315. CLARIFICATION REGARDING STATE STANDARDS AND
ASSESSMENTS.
Notwithstanding any other provision of this title,
standards, assessments, and systems of assessments described
in a State improvement plan submitted in accordance with
section 306 shall not be required to be certified by the
Council.
SEC. 316. STATE PLANNING FOR IMPROVING STUDENT ACHIEVEMENT
THROUGH INTEGRATION OF TECHNOLOGY INTO THE
CURRICULUM.
(a) Purpose.--It is the purpose of this section to assist
each State to plan effectively for improved student learning
in all schools through the use of technology as an integral
part of the State improvement plan described in section 306.
(b) Program Authorized.--
(1) Authority.--The Secretary shall award grants in
accordance with allocations under paragraph (2) to each State
educational agency that, as part of its application under
section 305, requests a grant to develop (or continue the
development of), and submits as part of the State improvement
plan described in section 306, a systemic statewide plan to
increase the use of state-of-the-art technologies that
enhance elementary and secondary student learning and staff
development in support of the National Education Goals and
challenging standards.
(2) Formula.--From the amount appropriated pursuant to the
authority of subsection (f) in each fiscal year, each State
educational agency with an application approved under section
305 shall receive a grant under paragraph (1) in such year in
an amount determined on the same basis as allotments are made
to State educational agencies under subsections (b) and (c)
of section 304 for such year, except that each such State
shall receive at least 1\1/2\ percent of the amount
appropriated pursuant to such authority or $75,000, whichever
is greater.
(3) Duration.--A State educational agency may receive
assistance under this section for not more than 2 fiscal
years.
(c) Plan Objectives.--Each State educational agency shall
use funds received under this section to develop and, if the
Secretary has approved the systemic statewide plan, to
implement such plan. Such plan shall have as its objectives--
(1) the promotion of higher student achievement through the
use of technology in education;
(2) the participation of all schools and school districts
in the State, especially those schools and districts with a
high percentage of disadvantaged students;
(3) the development and implementation of a cost-effective,
high-speed, statewide, interoperable, wide-area-communication
educational technology support system for elementary and
secondary schools within the State, particularly for such
schools in rural areas; and
(4) the promotion of shared usage of equipment, facilities,
and other technology resources by adult learners during
after-school hours.
(d) Plan Requirements.--At a minimum, each systemic
statewide plan shall--
(1) be developed by a task force that--
(A) includes among its members experts in the educational
use of technology and representatives of the State panel
described in section 306(b); and
(B) ensures that such plan is integrated into the State
improvement plan described in section 306;
(2) be developed in collaboration with the Governor,
representatives of the State legislature, the State board of
education, institutions of higher education, appropriate
State agencies, local educational agencies, public and
private telecommunication entities, parents, public and
school libraries, students, adult literacy providers, and
leaders in the field of technology, through a process of
statewide grassroots outreach to local educational agencies
and schools in the State;
(3) identify and describe the requirements for introducing
state-of-the-art technologies into the classroom and school
library in order to enhance educational curricula, including
the installation and ongoing maintenance of basic
connections, hardware and the necessary support materials;
(4) describe how the application of advanced technologies
in the schools will enhance student learning, provide greater
access to individualized instruction, promote the strategies
described in section 306(d), and help make progress toward
the achievement of the National Education Goals;
(5) describe how the ongoing training of educational
personnel will be provided;
(6) describe the resources necessary, and procedures, for
providing ongoing technical assistance to carry out such
plan;
(7) provide for the dissemination on a statewide basis of
exemplary programs and practices relating to the use of
technology in education;
(8) establish a funding estimate (including a statement of
likely funding sources) and a schedule for the development
and implementation of such plan;
(9) describe how the State educational agency will assess
the impact of implementing such plan on student achievement
and aggregate achievement for schools;
(10) describe how the State educational agency and local
educational agencies in the State will coordinate and
cooperate with business and industry, and with public and
private telecommunications entities;
(11) describe how the State educational agency will promote
the purchase of equipment by local educational agencies that,
when placed in schools, will meet the highest possible level
of interoperability and open system design;
(12) describe how the State educational agency will
consider using existing telecommunications infrastructure and
technology resources;
(13) describe how the State educational agency will apply
the uses of technology to meet the needs of children from
low-income families; and
(14) describe the process through which such plan will be
reviewed and updated periodically.
(e) Reports.--Each State educational agency receiving a
grant under this section shall submit a report to the
Secretary within 1 year of the date such agency submits to
the Secretary its systemic statewide plan under this section.
Such report shall--
(1) describe the State's progress toward implementation of
the provisions of such plan;
(2) describe any revisions to the State's long-range plans
for technology;
(3) describe the extent to which resources provided
pursuant to such plan are distributed among schools to
promote the strategies described in section 306(d); and
(4) include any other information the Secretary deems
appropriate.
(f) Authorization of Appropriations.--There are authorized
to be appropriated $10,000,000 for fiscal year 1994, and such
sums as may be necessary for fiscal year 1995, to carry out
this section.
TITLE IV--MISCELLANEOUS
SEC. 401. PUBLIC SCHOOLS.
Except as provided in section 310, nothing in this Act
shall be construed to authorize the use of funds under title
III of this Act to directly or indirectly benefit any school
other than a public school.
SEC. 402. CONSTRUCTION.
Nothing in this Act shall be construed--
[[Page 129]]
(1) to supersede the provisions of section 103 of the
Department of Education Organization Act;
(2) to require the teaching of values or the establishment
of school-based clinics as a condition of receiving funds
under this Act;
(3) to mandate limitations or class size for a State, local
educational agency or school;
(4) to mandate a Federal teacher certification system for a
State, local educational agency or school;
(5) to mandate teacher instructional practices for a State,
local educational agency or school;
(6) to mandate equalized spending per pupil for a State,
local educational agency or school;
(7) to mandate national school building standards for a
State, local educational agency or school;
(8) to mandate curriculum content for a State, local
educational agency or school; and
(9) to mandate any curriculum framework, instructional
material, examination, assessment or system of assessments
for private, religious, or home schools.
SEC. 403. KALID ABDUL MOHAMMED.
It is the sense of the Senate that the speech made by Mr.
Khalid Abdul Mohammed at Kean College on November 29, 1993,
was false, anti-Semitic, racist, divisive, repugnant and a
disservice to all Americans and is therefore condemned.
SEC. 404. PROHIBITION ON FEDERAL MANDATES, DIRECTION, AND
CONTROL.
Nothing in this Act shall be construed to authorize an
officer or employee of the Federal Government to mandate,
direct, or control a State, local educational agency, or
school's curriculum, program of instruction, or allocation of
State or local resources or mandate a State or any
subdivision thereof to spend any funds or incur any costs not
paid for under this Act.
SEC. 405. SCHOOL PRAYER.
No funds made available through the Department of Education
under this Act, or any other Act, shall be available to any
State of local educational agency which has a policy of
denying, or which effectively prevents participation in,
constitutionality protected prayer in public schools by
individuals on a voluntary basis. Neither the United States
nor any State nor any local educational agency shall require
any person to participate in prayer or influence the form or
content of any constitutionality protected prayer in such
public schools.
SEC. 406. DAILY SILENCE FOR STUDENTS.
It is the sense of the Senate that local educational
agencies should encourage a brief period of daily silence for
students for the purpose of contemplating their aspirations;
for considering what they hope and plan to accomplish that
day; for considering how their own actions of that day will
effect themselves and others around them, including their
schoolmates, friends and families; for drawing strength from
whatever personal, moral or religious beliefs or positive
values they hold; and for such other introspection and
reflection as will help them develop and prepare them for
achieving the goals of this Act.
SEC. 407. FUNDING FOR THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT.
(a) The Senate finds that--
(1) the Individuals with Disabilities Education Act was
established with the commitment of forty percent Federal
funding but currently receives only eight percent Federal
funding;
(2) this funding shortfall is particularly burdensome to
school districts and schools in low-income areas which serve
higher than average proportions of students with disabilities
and have fewer local resources to contribute; and
(3) it would cost the Federal Government approximately
$10,000,000,000 each year to fully fund the Individuals with
Disabilities Education Act.
(b) It is the sense of the Senate that the Federal
Government should provide States and communities with
adequate resources under the Individuals with Disabilities
Education Act as soon as reasonably possible, through the
reallocation of funds within the current budget monetary
constraints.
SEC. 408. NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS.
Section 551 of the Higher Education Act of 1965 (20 U.S.C.
1107) is amended--
(1) in paragraph (1) of subsection (b), by striking ``the
Federal share of'';
(2) in subparagraph (B) of subsection (e)(1), by striking
``share of the cost of the activities of the Board is'' and
inserting ``contributions described in subsection (f) are'';
and
(3) by amending subsection (f) to read as follows:
``(f) Matching Funds Requirement.--
``(1) In general.--The Secretary shall not provide
financial assistance under this subpart to the Board unless
the Board agrees to expend non-Federal contributions equal to
$1 for every $1 of the Federal funds provided pursuant to
such financial assistance.
``(2) Non-federal contributions.--The non-Federal
contributions described in paragraph (1)--
``(A) may include all non-Federal funds raised by the Board
on or after January 1, 1987; and
``(B) may be used for outreach, implementation,
administration, operation, and other costs associated with
the development and implementation of national teacher
assessment and certification procedures under this
subpart.''.
SEC. 409. FORGIVENESS OF CERTAIN OVERPAYMENTS.
(a) In General.--Notwithstanding section 1401 of the
Elementary and Secondary Education Act of 1965 or any other
provision of law--
(1) the allocation of funds appropriated for fiscal year
1993 under the Department of Education Appropriations Act,
1993, to Colfax County, New Mexico under section 1005 of the
Elementary and Secondary Education Act of 1965, and any other
allocations or grants for such fiscal year resulting from
such allocation to such county under any program administered
by the Secretary of Education, shall be deemed to be
authorized by law; and
(2) in any program for which allocations are based on
fiscal year 1993 allocations under section 1005 of such Act,
the fiscal year 1993 allocations under such section deemed to
be authorized by law in accordance with paragraph (1) shall
be used.
(b) Notwithstanding subsection (a)(1) of this section, in
carrying out section 1403(a) of the Elementary and Secondary
Education Act of 1965 for fiscal year 1994, the amount
allocated to Colfax County, New Mexico under section 1005 of
such Act for fiscal year 1993 shall be deemed to be the
amount that the Secretary determines would have been
allocated under such section 1005 had the correct data been
used for fiscal year 1993.
SEC. 410. STUDY OF GOALS 2000 AND STUDENTS WITH DISABILITIES.
(a) Study Required.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Education shall make
appropriate arrangements with the National Academy of
Sciences to conduct a comprehensive study of the inclusion of
children with disabilities in GOALS 2000 school reform
activities.
(2) Definition.--For purposes of this section, the term
``children with disabilities'' has the same meaning given
such in the Individuals with Disabilities Education Act.
(b) Study Components.--The study conducted under subsection
(a) shall include--
(1) an evaluation of the National Education Goals and
objectives, curriculum reforms, standards, and other programs
and activities intended to achieve those goals;
(2) a review of the adequacy of assessments and measures
used to gauge progress towards meeting National Education
Goals and any national and State standards, and an
examination of other methods or accommodations necessary or
desirable to collect data on the educational progress of
children with disabilities, and the costs of such methods and
accommodations;
(3) an examination of what incentives or assistance might
be provided to States to develop improvement plans that
adequately address the needs of children with disabilities;
(4) the relation of Goals 2000 to other Federal laws
governing or affecting the education of children with
disabilities; and
(5) such other issues as the National Academy of Sciences
considers appropriate.
(c) Study Panel Membership.--Any panel constituted in
furtherance of the study to be conducted under subsection (a)
shall include consumer representatives.
(d) Findings and Recommendations.--The Secretary of
Education shall request the National Academy of Sciences to
submit an interim report of its findings and recommendations
to the President and Congress not later than 12 months, and a
final report not later than 24 months, from the date of the
completion of procurement relating to the study.
(e) Funding.--From such accounts as the Secretary deems
appropriate, the Secretary shall make available $600,000 for
fiscal year 1994, and such sums as may be necessary for
fiscal year 1995, to carry out this section. Amounts made
available under this subsection shall remain available until
expended.
SEC. 411. MENTORING, PEER COUNSELING AND PEER TUTORING.
(a) Congressional Findings.--The Congress finds that--
(1) Mentoring, peer counseling and peer tutoring programs
provide role models for children and build self-esteem;
(2) Mentoring, peer counseling and peer tutoring programs
promote learning and help students attain the necessary
skills they need to excel academically;
(3) Mentoring, peer counseling, and peer tutoring programs
provide healthy and safe alternatives to involvement in
drugs, gangs or other violent activities; and
(4) Mentoring, peer counseling, and peer tutoring programs
promote school, community and parental involvement in the
livelihood and well-being of our children.
(b) Sense of the Congress.--Therefore, it is the Sense of
the Congress that Federal education programs that provide
assistance to elementary and secondary education students
should include authorizations for establishing mentoring,
peer counseling and peer tutoring programs.
SEC. 412. CONTENT AND PERFORMANCE STANDARDS.
It is the sense of the Senate that because high academic
standards are the key to excellence for all students and a
focus on results is an important direction for education
reform, it is the sense of the Senate that States should
develop their own content and performance standards in
academic subject areas as an essential part of their State
reform plan.
SEC. 413. STATE-SPONSORED HIGHER EDUCATION TRUST FUND SAVINGS
PLAN.
It is the sense of the Senate that--
[[Page 130]]
(1) individuals should be encouraged to save to meet the
higher education costs of their children;
(2) an effective way to encourage those savings is through
State-sponsored higher education trust fund savings plans;
and
(3) an effective way for the Federal Government to assist
such plans is to amend the Federal tax laws to provide that--
(A) no tax is imposed on the earnings on contributions to
the plans if the earnings are used for higher education
costs,
(B) State organizations sponsoring the plans are exempt
from Federal taxation, and
(C) any charitable gift to the plans are tax-deductible and
are distributed to recipients on a pro rata basis.
SEC. 414. AMENDMENTS TO SUMMER YOUTH EMPLOYMENT AND TRAINING
PROGRAM.
(a) Program Design.--
(1) Academic enrichment authorized.--Paragraph (1) of
section 253(a) of the Job Training Partnership Act is amended
by inserting ``academic enrichment'' after ``remedial
education,''.
(2) Required services and design.--
(A) Subsection (c) of such section 253 is amended by adding
at the end the following new paragraphs:
``(3) Basic education and preemployment training.--The
programs under this part shall provide, either directly or
through arrangements with other programs, each of the
following services to a participant where the assessment and
the service strategy indicate such services are appropriate:
``(A) Basic and Remedial Education.
``(B) Preemployment and Work Maturity Skills Training.
``(4) Integration of work and learning.--
``(A) Work experience.--Work experience provided under this
part, to the extent feasible, shall include contextual
learning opportunities which integrate the development of
general competencies with the development of academic skills.
``(B) Classroom training.--Classroom training provided
under this part shall, to the extent feasible, include
opportunities to apply knowledge and skills relating to
academic subjects to the world of work.''.
(B) Section 253 of the Job Training Partnership Act is
further amended by adding at the end the following new
subsection:
``(e) Educational Linkages.--In conducting the program
assisted under this part, service delivery areas shall
establish linkages with the appropriate educational agencies
responsible for service to participants. Such linkages shall
include arrangements to ensure that there is a regular
exchange of information relating to the progress, problems
and needs of participants, including the results of
assessments of the skill levels of participants.''.
(C) Section 254 of the Job Training Partnership Act is
amended by adding at the end the following new subsection:
``(c) Prohibition on Private Actions.--Nothing in this part
shall be construed to establish a right for a participant to
bring an action to obtain services described in the
assessment or service strategy developed under section
253(c).''.
(b) Transfer of Funds to Year Round Program.--Section 256
of the Job Training Partnership Act is amended by striking
``10 percent'' and inserting ``20 percent''.
SEC. 415. STATE AND LOCAL GOVERNMENT CONTROL OF EDUCATION.
(a) Findings.--
(1) Congress is interested in promoting State and local
government reform efforts in education;
(2) In Public Law 96-88 the Congress found that education
is fundamental to the development of individual citizens and
the progress of the Nation;
(3) In Public Law 96-88 the Congress found that in our
Federal system the responsibility for education is reserved
respectively to the States and the local school systems and
other instrumentalities of the States;
(4) In Public Law 96-88 the Congress declared the purpose
of the Department of Education was to supplement and
complement the efforts of States, the local school systems,
and other instrumentalities of the States, the private
sector, public and private educational institutions, public
and private nonprofit educational research institutions,
community based organizations, parents and schools to improve
the quality of education;
(5) The establishment of the Department of Education,
Congress intended to protect the rights of State and local
governments and public and private educational institutions
in the areas of educational policies and administration of
programs and to strengthen and improve the control of such
governments and institutions over their own educational
programs and policies;
(6) Public Law 96-88 specified that the establishment of
the Department of Education shall not increase the authority
of the Federal Government over education or diminish the
responsibility for education which is reserved to the States
and local school systems and other instrumentalities of the
States;
(7) Public Law 96-88 specified that no provision of a
program administered by the Secretary or by any other officer
of the Department shall be construed to authorize the
Secretary or any such officer to exercise any direction,
supervision, or control over the curriculum, program of
instruction, administration, or personnel of any educational
institution, school, or school system, over any accrediting
agency or association or over the selection or content of
library resources, textbooks, or other instructional
materials by any educational institution or school system,
now therefore
(b) Reaffirmation.--The Congress agrees and reaffirms that
the responsibility for control of education is reserved to
the States and local school systems and other
instrumentalities of the States and that no action shall be
taken under the provisions of this Act by the Federal
Government which would, directly or indirectly, impose
standards or requirements of any kind through the
promulgation of rules, regulations, provision of financial
assistance and otherwise, which would reduce, modify, or
undercut State and local responsibility for control of
education.
SEC. 416. PROTECTION OF PUPILS.
Section 439 of the General Education Provisions Act is
amended to read as follows:
``Protection of Pupil Rights
``Sec. 439. (a) All instructional materials, including
teacher's manuals, films, tapes, or other supplementary
material which will be used in connection with any survey,
analysis, or evaluation as part of any applicable program
shall be available for inspection by the parents or guardians
of the children.
``(b) No student shall be required, as part of any
applicable program, to submit to a survey, analysis, or
evaluation that reveals information concerning:
``(1) political affiliations;
``(2) mental and psychological problems potentially
embarrassing to the student or his family;
``(3) sex behavior and attitudes;
``(4) illegal, anti-social, self-incriminating and
demeaning behavior;
``(5) critical appraisals of other individuals with whom
respondents have close family relationships;
``(6) legally recognized privileged or analogous
relationships, such as those of lawyers, physicians, and
ministers; or
``(7) income (other than that required by law to determine
eligibility for participation in a program or for receiving
financial assistance under such program),
without the prior consent of the student (if the student is
an adult or emancipated minor), or in the case of an
unemancipated minor, without the prior written consent of the
parent.
``(c) Educational agencies and institutions shall give
parents and students effective notice of their rights under
this section.
``(d) Enforcement.--The Secretary shall take such action as
the Secretary determines appropriate to enforce this section,
except that action to terminate assistance provided under an
applicable program shall be taken only if the Secretary
determines that--
``(1) there has been a failure to comply with such section;
and
``(2) compliance with such section cannot be secured by
voluntary means.
``(e) Office and Review Board--The Secretary shall
establish or designate an office and review board within the
Department of Education to investigate, process, review, and
adjudicate violations of the rights established under this
section.''.
SEC. 417. CONTRACEPTIVE DEVICES.
The Department of Health and Human Services and the
Department of Education shall ensure that all federally
funded programs which provide for the distribution of
contraceptive devices to unemancipated minors develop
procedures to encourage, to the extent practical, family
participation in such programs.
SEC. 418. EDUCATIONAL AGENCIES NOT DENIED FUNDS FOR ADOPTING
CONSTITUTIONAL POLICY RELATIVE TO PRAYER IN
SCHOOLS.
Notwithstanding any other provision of this Act, no funds
made available through the Department of Education under this
Act, or any other Act, shall be denied to any State or local
educational agency because it has adopted a constitutional
policy relative to prayer in public school.
TITLE V--NATIONAL SKILL STANDARDS BOARD
SEC. 501. SHORT TITLE.
This title may be cited as the ``National Skill Standards
Act of 1994''.
SEC. 502. PURPOSE.
It is the purpose of this title to establish a National
Board to serve as a catalyst in stimulating the development
and adoption of a voluntary national system of skill
standards and of assessment and certification--
(1) that will serve as a cornerstone of the national
strategy to enhance work force skills;
(2) that will result in increased productivity, economic
growth, and American economic competitiveness; and
(3) that can be used, consistent with civil rights laws--
(A) by the Nation, to ensure the development of a high
skills, high quality, high performance work force, including
the most skilled front-line work force in the world;
(B) by industries, as a vehicle for informing training
providers and prospective employees of skills necessary for
employment;
(C) by employers, to assist in evaluating the skill levels
of prospective employees and to assist in the training of
current employees;
(D) by labor organizations, to enhance the employment
security of workers by providing portable credentials and
skills;
(E) by workers, to--
(i) obtain certifications of their skills to protect
against dislocation;
(ii) pursue career advancement; and
(iii) enhance their ability to reenter the work force;
(F) by students and entry level workers, to determine the
skill levels and competencies
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needed to be obtained in order to compete effectively for
high wage jobs;
(G) by training providers and educators, to determine
appropriate training services to be offered by the providers
and educators;
(H) by Government, to evaluate whether publicly funded
training assists participants to meet skill standards where
such standards exist and thereby protect the integrity of
public expenditures; and
(I) to facilitate linkages between other components of the
work force investment strategy, including school-to-work
transition and job training programs.
SEC. 503. ESTABLISHMENT OF NATIONAL BOARD.
(a) In General.--There is established a National Skill
Standards Board (hereafter referred to in this title as the
``National Board'').
(b) Composition.--
(1) In general.--The National Board shall be composed of 28
members (appointed in accordance with paragraph (3)), of
whom--
(A) one member shall be the Secretary of Labor;
(B) one member shall be the Secretary of Education;
(C) one member shall be the Secretary of Commerce;
(D) one member shall be the Chairperson of the National
Education Standards and Improvement Council established
pursuant to section 212(a);
(E) eight members shall be representatives of business
(including representatives of small employers and
representatives of large employers) selected from among
individuals recommended by recognized national business
organizations or trade associations;
(F) eight members shall be representatives of organized
labor selected from among individuals recommended by
recognized national labor federations; and
(G)(i) four members shall be certified human resource
professionals;
(ii) three members shall be representatives of educational
institutions (including vocational-technical institutions);
and
(iii) one member shall be a representative of
nongovernmental organizations with a demonstrated history of
successfully protecting the rights of racial, ethnic or
religious minorities, women, persons with disabilities, or
older persons.
(2) Special requirements.--The members described in
subparagraph (G) of paragraph (1) shall have expertise in the
area of education and training. The members described in
subparagraphs (E), (F), and (G) of paragraph (1) shall, in
the aggregate, represent a broad cross-section of occupations
and industries.
(3) Appointment.--The membership of the National Board
shall be appointed as follows:
(A) Twelve members (four from each class of members
described in subparagraphs (E), (F), and (G) of paragraph
(1)) shall be appointed by the President.
(B) Six members (two from each class of members described
in subparagraphs (E), (F), and (G) of paragraph (1)) shall be
appointed by the Speaker of the House of Representatives. Of
the members so appointed, three members (one from each class
of members described in subparagraphs (E), (F), and (G) of
paragraph (1)) shall be selected from recommendations made by
the Majority Leader of the House of Representatives and three
members (one from each class of members described in
subparagraphs (E), (F), and (G) of paragraph (1)) shall be
selected from recommendations made by the Minority Leader of
the House of Representatives.
(C) Six members (two from each class of members described
in subparagraphs (E), (F), and (G) of paragraph (1)) shall be
appointed by the President pro tempore of the Senate. Of the
members so appointed, three members (one from each class of
members described in subparagraphs (E), (F), and (G) of
paragraph (1)) shall be selected from recommendations made by
the Majority Leader of the Senate and three members (one from
each class of members described in subparagraphs (E), (F),
and (G) of paragraph (1)) shall be selected from
recommendations made by the Minority Leader of the Senate.
(4) Ex officio nonvoting members.--The members of the
National Board specified in subparagraphs (A), (B), (C), and
(D) of paragraph (1) shall be ex officio, nonvoting members
of the National Board.
(5) Term.--Each member of the National Board appointed
under subparagraph (E), (F), or (G) of paragraph (1) shall be
appointed for a term of 4 years, except that of the initial
members of the Board appointed under such subparagraphs--
(A) twelve members shall be appointed for a term of 3 years
(four from each class of members described in subparagraphs
(E), (F), and (G) of paragraph (1)), of whom--
(i) two from each such class shall be appointed in
accordance with paragraph (3)(A);
(ii) one from each such class shall be appointed in
accordance with paragraph (3)(B); and
(iii) one from each such class shall be appointed in
accordance with paragraph (3)(C); and
(B) twelve members shall be appointed for a term of 4 years
(four from each class of members described in subparagraphs
(E), (F), and (G) of paragraph (1)), of whom--
(i) two from each such class shall be appointed in
accordance with paragraph (3)(A);
(ii) one from each such class shall be appointed in
accordance with paragraph (3)(B); and
(iii) one from each such class shall be appointed in
accordance with paragraph (3)(C).
(6) Vacancies.--Any vacancy in the National Board shall not
affect its powers, but shall be filled in the same manner as
the original appointment.
(c) Chairperson and Vice Chairpersons.--
(1) Chairperson.--
(A) In general.--Except as provided in subparagraph (B),
the National Board, by majority vote, shall elect a
Chairperson once every 2 years from among the members of the
National Board.
(B) Initial chairperson.--The first Chairperson of the
National Board shall be elected, by a majority vote of the
National Board, from among the members who are
representatives of business (as described in subparagraph (E)
of subsection (b)(1)) and shall serve for a term of 2 years.
(2) Vice chairpersons.--The National Board, by majority
vote, shall annually elect 3 Vice Chairpersons (each
representing a different class of the classes of members
described in subparagraphs (E), (F), and (G) of subsection
(b)(1) and each of whom shall serve for a term of 1 year)
from among its members appointed under subsection (b)(3).
(d) Compensation and Expenses.--
(1) Compensation.--Members of the National Board who are
not full-time employees or officers of the Federal Government
shall serve without compensation.
(2) Expenses.--The members of the National Board shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57, title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the National
Board.
(e) Executive Director and Staff.--
(1) Executive director.--The Chairperson of the National
Board shall appoint an Executive Director who shall be
compensated at a rate determined by the National Board not to
exceed the rate of pay for level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(2) Staff.--The Executive Director may appoint and
compensate such additional staff as may be necessary to
enable the Board to perform its duties. The Executive
Director may fix the compensation of the staff without regard
to the provisions of chapter 51 and subchapter III of chapter
53 of title 5, United States Code, relating to classification
of positions and General Schedule pay rates, except that the
rate of pay for the staff may not exceed the rate payable for
level V of the Executive Schedule under section 5316 of such
title.
(f) Gifts.--The National Board is authorized, in carrying
out this title, to accept and employ or dispose of in
furtherance of the purposes of this title, any money or
property, real, personal, or mixed, tangible or intangible,
received by gift, devise, bequest, or otherwise, and to
accept voluntary and uncompensated services notwithstanding
the provisions of section 1342 of title 31, United States
Code.
(g) Agency Support.--
(1) Use of facilities.--The National Board may use the
research, equipment, services and facilities of any agency or
instrumentality of the United States with the consent of such
agency or instrumentality.
(2) Staff of federal agencies.--Upon the request of the
National Board, the head of any Federal agency of the United
States may detail to the National Board, on a reimbursable
basis, any of the personnel of such Federal agency to assist
the National Board in carrying out this title. Such detail
shall be without interruption or loss of civil service status
or privilege.
(h) Procurement of Temporary and Intermittent Services.--
The Chairperson of the National Board may procure temporary
and intermittent services of experts and consultants under
section 3109(b) of title 5, United States Code.
(i) Termination of the Commission.--Section 14(a)(2) of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply with respect to the termination of the National Board.
SEC. 504. FUNCTIONS OF THE NATIONAL BOARD.
(a) Identification of Occupations.--The National Board,
after extensive public consultation, shall identify broad
clusters of major occupations that involve one or more than
one industry in the United States.
(b) Establishment of Voluntary Partnerships To Develop
Standards.--
(1) In general.--For each of the occupational clusters
identified pursuant to subsection (a), the National Board
shall encourage and facilitate the establishment of voluntary
partnerships to develop a skill standards system in
accordance with subsection (d).
(2) Representatives.--Such voluntary partnerships shall
include the full and balanced participation of--
(A)(i) representatives of business (including
representatives of large employers and representatives of
small employers) who have expertise in the area of work force
skill requirements, and who are recommended by national
business organizations or trade associations representing
employers in the occupation or industry for which a standard
is being developed; and
(ii) representatives of trade associations that have
received grants from the Department of Labor or the
Department of Education to establish skill standards prior to
the date of enactment of this title;
(B) employee representatives who--
(i) have expertise in the area of work force skill
requirements; and
(ii) shall be--
(I) individuals recommended by recognized national labor
organizations representing
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employees in the occupation or industry for which a standard
is being developed; and
(II) such individuals who are nonmanagerial employees with
significant experience and tenure in such occupation or
industry as are appropriate given the nature and structure of
employment in the occupation or industry; and
(C) representatives of--
(i) educational institutions;
(ii) community-based organizations;
(iii) State and local agencies with administrative control
or direction over education or over employment and training;
(iv) other policy development organizations with expertise
in the area of work force skill requirements; or
(v) nongovernmental organizations with a demonstrated
history of successfully protecting the rights of racial,
ethnic, or religious minorities, women, persons with
disabilities, or older persons.
(3) Experts.--The partnerships described in paragraph (2)
may also include other individuals who are independent,
qualified experts in their fields.
(c) Research, Dissemination, and Coordinations.--In order
to support the activities described in subsections (b) and
(d), the National Board shall--
(1) conduct work force research relating to skill standards
and make the results of such research available to the
public, including the voluntary partnerships described in
subsection (b);
(2) identify and maintain a catalog of skill standards used
by other countries and by States and leading firms and
industries in the United States;
(3) serve as a clearinghouse to facilitate the sharing of
information on the development of skill standards and other
relevant information among representatives of occupations and
industries identified pursuant to subsection (a), and among
education and training providers;
(4) develop a common nomenclature relating to skill
standards;
(5) encourage the development and adoption of curricula and
training materials, for attaining the skill standards
endorsed pursuant to subsection (d), that provide for
structured work experiences and related study programs
leading to progressive levels of professional and technical
certification;
(6) provide appropriate technical assistance to voluntary
partnerships involved in the development of standards and
systems described in subsection (b); and
(7) facilitate coordination among voluntary partnerships
that meet the requirements of subsection (b)(2) in order to
promote the development of a coherent national system of
voluntary skill standards.
(d) Endorsement of Skill Standards Systems.--
(1) In general.--The National Board, after public review
and comment, shall endorse skill standards systems relating
to the occupational clusters identified pursuant to
subsection (a) that--
(A) meet the requirements of paragraph (2);
(B) are submitted by voluntary partnerships that meet the
requirements of subsection (b)(2); and
(C) meet additional objective criteria that are published
by the National Board.
(2) Components of system.--The skill standards systems
endorsed pursuant to paragraph (1) shall have one or more of
the following components:
(A) Voluntary skill standards, which--
(i) are formulated in such a manner that promotes the
portability of credentials and facilitates worker mobility
within an occupational cluster or industry and among
industries;
(ii) are in a form that allows for regular updating to take
into account advances in technology or other developments
within the occupational cluster;
(iii) are not discriminatory with respect to race, color,
religion, sex, national origin, ethnicity, age, or
disability;
(iv) meet or exceed the highest applicable standards used
in the United States, including apprenticeship standards
registered under the Act of August 16, 1937 (commonly known
as the ``National Apprenticeship Act'', 50 Stat. 664, chapter
663, 29 U.S.C. 50 et seq.); and
(v) have been developed after taking into account--
(I) relevant standards used in other countries and relevant
international standards;
(II) voluntary national content standards and voluntary
national student performance standards developed pursuant to
section 213; and
(III) the requirements of high performance work
organizations.
(B) A voluntary system of assessment and certification of
the attainment of skill standards developed pursuant to
subparagraph (A), which--
(i) utilizes a variety of evaluation techniques, including,
where appropriate, oral and written evaluations, portfolio
assessments, and performance tests;
(ii) includes methods for establishing the validity and
reliability of the assessment and certification system for
the intended purposes of the system; and
(iii) has been developed after taking into account relevant
methods of assessment and certification used in other
countries.
(C) A system to disseminate information relating to the
skill standards, and the assessment and certification
systems, developed pursuant to this paragraph (including
dissemination of information relating to civil rights laws
relevant to the use of such standards and systems), and to
promote use of such standards and systems by, entities such
as institutions of higher education offering professional and
technical education, labor organizations, trade and technical
associations, and employers providing formalized training,
and other organizations likely to benefit from such standards
and systems.
(D) A system to evaluate the implementation and
effectiveness of the skill standards, the assessment and
certification systems, and the information dissemination
systems, developed pursuant to this paragraph.
(E) A system to periodically revise and update the skill
standards, and the assessment and certification systems,
developed pursuant to this paragraph, which will take into
account changes in standards in other countries.
(e) Relationship With Civil Rights Laws.--
(1) In general.--Nothing in this title shall be construed
to modify or affect any Federal or State law prohibiting
discrimination on the basis of race, color, religion, sex,
national origin, ethnicity, age, or disability.
(2) Evidence.--The endorsement or absence of an endorsement
by the National Board of a skill standard, or assessment and
certification system, endorsed under subsection (d) may not
be used in any action or proceeding to establish that the use
of a skill standard or assessment and certification system
conforms or does not conform to the requirements of civil
rights laws.
(f) Coordination.--The National Board shall establish
cooperative arrangements with the National Education
Standards and Improvement Council to promote the coordination
of the development of skill standards under this section with
the development of voluntary national content standards and
voluntary national student performance standards in
accordance with section 213.
(g) Financial Assistance.--
(1) In general.--(A) From funds appropriated pursuant to
the authority of section 507, the Secretary of Labor may
award grants and enter into contracts and cooperative
arrangements (including awarding grants to, and entering into
contracts and cooperative agreements with, voluntary
partnerships in accordance with paragraph (2)) that are
requested by the National Board for the purposes of carrying
out this title.
(B) Each entity desiring a grant, contract or cooperative
agreement under this title shall submit an application to the
National Board at such time, in such manner and accompanied
by such information as the National Board may reasonably
require.
(2) Special rule regarding assistance for voluntary
partnerships.--The Secretary only shall award a grant to, or
enter into a contract or cooperative agreement with, a
voluntary partnership that meets the requirements of
subsection (b)(2) for the development of skill standards
systems in accordance with subsection (d).
(3) Criteria for board consideration.--Prior to each of the
fiscal years 1994 through 1998, the National Board shall
publish objective criteria for the National Board's
consideration of applications submitted pursuant to paragraph
(1)(B).
(4) Recommendations to the secretary of labor.--The
National Board shall review each application received
pursuant to paragraph (1)(B) in accordance with the objective
criteria published pursuant to paragraph (3), and shall
submit each such application to the Secretary of Labor
accompanied by a recommendation by the National Board on
whether or not the Secretary of Labor should award a grant to
the applicant.
(5) Limitation on use of funds.--
(A) In general.--Not more than 20 percent of the funds
appropriated pursuant to the authority of section 507(a) for
each fiscal year shall be used by the National Board for the
costs of administration.
(B) Startup costs.--Notwithstanding subparagraph (A), in
order to facilitate the establishment of the National Board,
the limitation contained in subparagraph (A) shall not apply
to funds appropriated pursuant to the authority of section
507(a) for fiscal year 1994.
(C) Definition.--For purposes of this paragraph, the term
``costs of administration'' means costs relating to staff,
supplies, equipment, space, and travel and per diem, costs of
conducting meetings and conferences, and other related costs.
SEC. 505. DEADLINES.
Not later than December 31, 1996, the National Board
shall--
(1) identify occupational clusters pursuant to section
504(a) representing a substantial portion of the work force;
and
(2) promote the endorsement of an initial set of skill
standards in accordance with section 504(d) for such
clusters.
SEC. 506. REPORTS.
The National Board shall prepare and submit to the
President and the Congress in each of the fiscal years 1994
through 1998, a report on the activities conducted under this
title. Such report shall include information on the extent to
which skill standards have been adopted by employers,
training providers, and other entities, and on the
effectiveness of such standards in accomplishing the purposes
described in section 502.
SEC. 507. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
carry out this title $15,000,000 for fiscal year 1994 and
such sums as may be necessary for each of fiscal years 1995
through 1998.
(b) Availability.--Amounts appropriated pursuant to
subsection (a) shall remain available until expended.
[[Page 133]]
SEC. 508. DEFINITIONS.
As used in this title:
(1) Community-based organizations.--The term ``community-
based organizations'' has the meaning given the term in
section 4(5) of the Job Training Partnership Act (29 U.S.C.
1503(5)).
(2) Educational institution.--The term ``educational
institution'' means a high school, a vocational school, and
an institution of higher education.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 1201(a) of the Higher Education Act of 1965
(20 U.S.C. 1141(a)).
(4) Skill standard.--The term ``skill standard'' means the
level of knowledge and competence required to successfully
perform work-related functions within an occupational
cluster.
SEC. 509. SUNSET PROVISION.
(a) Repeal.--This title is repealed on September 30, 1998.
(b) Review of Repeal.--It is the sense of the Congress that
the appropriate committees of the Congress should review the
accomplishments of the National Board prior to the date of
repeal described in subsection (a) in order to determine
whether it is appropriate to extend the authorities provided
under this title for a period beyond such date.
TITLE VI--SAFE SCHOOLS
PART A--SAFE SCHOOLS PROGRAM
SEC. 601. SHORT TITLE; STATEMENT OF PURPOSE.
(a) Short Title.--This part may be cited as the ``Safe
Schools Act of 1994''.
(b) Statement of Purpose.--It is the purpose of this part
to help local school systems achieve Goal Six of the National
Education Goals, which provides that by the year 2000, every
school in America will be free of drugs and violence and will
offer a disciplined environment conducive to learning, by
ensuring that all schools are safe and free of violence.
SEC. 602. SAFE SCHOOLS PROGRAM AUTHORIZED.
(a) Authority.--
(1) In general.--From funds appropriated pursuant to the
authority of subsection (b)(1), the Secretary shall make
competitive grants to eligible local educational agencies to
enable such agencies to carry out projects and activities
designed to achieve Goal Six of the National Education Goals
by helping to ensure that all schools are safe and free of
violence.
(2) Grant duration and amount.--Grants under this part may
not exceed--
(A) two fiscal years in duration, except that the Secretary
shall not award any new grants in fiscal year 1996 but may
make payments pursuant to a 2-year grant which terminates in
such fiscal year; and
(B) $3,000,000 in any fiscal year.
(3) Geographic distribution.--To the extent practicable,
grants under this title shall be awarded to eligible local
educational agencies serving rural, as well as urban, areas.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$75,000,000 for fiscal year 1994, $100,000,000 for fiscal
year 1995, and such sums as may be necessary for fiscal year
1996, to carry out this part.
(2) Reservation.--The Secretary is authorized in each
fiscal year to reserve not more than 10 percent of the amount
appropriated pursuant to the authority of paragraph (1) to
carry out national leadership activities described in section
606, of which 50 percent of such amount shall be available in
such fiscal year to carry out the program described in
section 606(b).
SEC. 603. ELIGIBLE APPLICANTS.
(a) In General.--To be eligible to receive a grant under
this part, a local educational agency shall demonstrate in
the application submitted pursuant to section 604(a) that
such agency--
(1) serves an area in which there is a high rate of--
(A) homicides committed by persons between the ages 5 to
18, inclusive;
(B) referrals of youth to juvenile court;
(C) youth under the supervision of the courts;
(D) expulsions and suspension of students from school;
(E) referrals of youth, for disciplinary reasons, to
alternative schools; or
(F) victimization of youth by violence, crime, or other
forms of abuse; and
(2) has serious school crime, violence, and discipline
problems, as indicated by other appropriate data.
(b) Priority.--In awarding grants under this part, the
Secretary shall give priority to a local educational agency
that--
(1) receives assistance under section 1006 of the
Elementary and Secondary Education Act of 1965 or meets the
criteria described in clauses (i) and (ii) of section
1006(a)(1)(A) of such Act; and
(2) submits an application that assures a strong local
commitment to the projects or activities assisted under this
part, such as--
(A) the formation of partnerships among the local
educational agency, a community-based organization, a
nonprofit organization with a demonstrated commitment to or
expertise in developing education programs or providing
educational services to students or the public, a local law
enforcement agency, or any combination thereof; and
(B) a high level of youth participation in such projects or
activities.
(c) Definitions.--For the purpose of this part--
(1) the term ``local educational agency'' has the same
meaning given to such term in section 1471(12) of the
Elementary and Secondary Education Act of 1965; and
(2) the term ``Secretary'' means the Secretary of
Education.
SEC. 604. APPLICATIONS AND PLANS.
(a) Application.--In order to receive a grant under this
part, a local educational agency shall submit to the
Secretary an application that includes--
(1) an assessment of the current violence and crime
problems in the schools and community to be served by the
grant;
(2) an assurance that the applicant has written policies
regarding school safety, student discipline, and the
appropriate handling of violent or disruptive acts;
(3) a description of the schools and communities to be
served by the grant, the projects and activities to be
carried out with grant funds, and how these projects and
activities will help to reduce the current violence and crime
problems in such schools and communities;
(4) if the local educational agency receives funds under
Goals 2000: Educate America Act, an explanation of how
projects and activities assisted under this part will be
coordinated with and support such agency's comprehensive
local improvement plan prepared under that Act;
(5) the applicant's plan to establish school-level advisory
committees, which include faculty, parents, staff, and
students, for each school to be served by the grant and a
description of how each committee will assist in assessing
that school's violence and discipline problems as well as in
designing appropriate programs, policies, and practices to
address those problems;
(6) the applicant's plan for collecting baseline and future
data, by individual schools, to monitor violence and
discipline problems and to measure such applicant's progress
in achieving the purpose of this part;
(7) an assurance that grant funds under this part will be
used to supplement and not to supplant State and local funds
that would, in the absence of funds under this part, be made
available by the applicant for the purpose of this part;
(8) an assurance that the applicant will cooperate with,
and provide assistance to, the Secretary in gathering
statistics and other data the Secretary determines are
necessary to assess the effectiveness of projects and
activities assisted under this part or the extent of school
violence and discipline problems throughout the Nation;
(9) an assurance that the local educational agency has a
written policy that prohibits sexual contact between school
personnel and a student; and
(10) such other information as the Secretary may require.
(b) Plan.--In order to receive funds under this part for a
second year, a grantee shall submit to the Secretary a
comprehensive, long-term, school safety plan for reducing and
preventing school violence and discipline problems. Such plan
shall contain--
(1) a description of how the grantee will coordinate its
school crime and violence prevention efforts with education,
law-enforcement, judicial, health, social service, and other
appropriate agencies and organizations serving the community;
and
(2) in the case that the grantee receives funds under the
Goals 2000: Educate America Act, an explanation of how the
grantee's comprehensive plan under this subsection is
consistent with and supports its comprehensive local
improvement plan prepared under that Act, if such explanation
differs from that provided in the grantee's application under
that Act.
SEC. 605. USE OF FUNDS.
(a) Use of Funds.--
(1) In general.--A local educational agency shall use grant
funds received under this part for one or more of the
following activities:
(A) Identifying and assessing school violence and
discipline problems, including coordinating needs assessment
activities and education, law-enforcement, judicial, health,
social service, and other appropriate agencies and
organizations.
(B) Conducting school safety reviews or violence prevention
reviews of programs, policies, practices, and facilities to
determine what changes are needed to reduce or prevent
violence and promote safety and discipline.
(C) Planning for comprehensive, long-term strategies for
addressing and preventing school violence and discipline
problems through the involvement and coordination of school
programs with other education, law-enforcement, judicial,
health, social service, and other appropriate agencies and
organizations.
(D) Training school personnel in programs of demonstrated
effectiveness in addressing violence, including violence
prevention, conflict resolution, anger management, peer
mediation, and identification of high-risk youth.
(E) Community education programs, including video- and
technology-based projects, informing parents, businesses,
local government, the media and other appropriate entities
about--
(i) the local educational agency's plan to promote school
safety and reduce and prevent school violence and discipline
problems; and
(ii) the need for community support.
(F) Coordination of school-based activities designed to
promote school safety and reduce
[[Page 134]]
or prevent school violence and discipline problems with
related efforts of education, law-enforcement, judicial,
health, social service, and other appropriate agencies and
organizations.
(G) Developing and implementing violence prevention
activities, including--
(i) conflict resolution and social skills development for
students, teachers, aides, other school personnel, and
parents;
(ii) disciplinary alternatives to expulsion and suspension
of students who exhibit violent or anti-social behavior;
(iii) student-led activities such as peer mediation, peer
counseling, and student courts; or
(iv) alternative after-school programs that provide safe
havens for students, which may include cultural,
recreational, and educational and instructional activities.
(H) Educating students and parents regarding the dangers of
guns and other weapons and the consequences of their use.
(I) Developing and implementing innovative curricula to
prevent violence in schools and training staff how to stop
disruptive or violent behavior if such behavior occurs.
(J) Supporting ``safe zones of passage'' for students
between home and school through such measures as Drug- and
Weapon-Free School Zones, enhanced law enforcement, and
neighborhood patrols.
(K) Counseling programs for victims and witnesses of school
violence and crime.
(L) Minor remodeling to promote security and reduce the
risk of violence, such as removing lockers, installing better
lights, and upgrading locks.
(M) Acquiring and installing metal detectors and hiring
security personnel.
(N) Reimbursing law enforcement authorities for their
personnel who participate in school violence prevention
activities.
(O) Evaluating projects and activities assisted under this
part.
(P) The cost of administering projects or activities
assisted under this part.
(Q) Other projects or activities that meet the purpose of
this part.
(2) Limitation.--A local educational agency may use not
more than--
(A) a total of 10 percent of grant funds received under
this part in each fiscal year for activities described in
subparagraphs (J), (L), (M), and (N) of paragraph (1); and
(B) 5 percent of grant funds received under this part in
each fiscal year for activities described in subparagraph (P)
of paragraph (1).
(3) Prohibition.--A local educational agency may not use
grant funds received under this part for construction.
SEC. 606. NATIONAL LEADERSHIP.
(a) In General.--To carry out the purpose of this part, the
Secretary is authorized to use funds reserved under section
602(b)(2) to conduct national leadership activities such as
research, program development and evaluation, data
collection, public awareness activities, training and
technical assistance, dissemination (through appropriate
research entities assisted by the Department of Education) of
information on successful projects, activities, and
strategies developed pursuant to this part, and peer review
of applications under this part. The Secretary may carry out
such activities directly, through interagency agreements, or
through grants, contracts or cooperative agreements.
(b) National Model City.--The Secretary shall designate the
District of Columbia as a national model city and shall
provide funds made available pursuant to section 602(b)(2) in
each fiscal year to a local educational agency serving the
District of Columbia in an amount sufficient to enable such
agency to carry out a comprehensive program to address school
and youth violence.
SEC. 607. NATIONAL COOPERATIVE EDUCATION STATISTICS SYSTEM.
Subparagraph (A) of section 406(h)(2) of the General
Education Provisions Act (20 U.S.C. 1221e-1(h)(2)(A)) is
amended--
(1) in clause (vi), by striking ``and'' after the
semicolon; and
(2) by adding after clause (vii) the following new clause:
``(viii) school safety policy, and statistics on the
incidents of school violence; and''.
SEC. 608. COORDINATION OF FEDERAL ASSISTANCE.
The Attorney General, through the Coordinating Council on
Juvenile Justice and Delinquency Prevention of the Department
of Justice, shall coordinate the programs and activities
carried out under this Act with the programs and activities
carried out by the departments and offices represented within
the Council that provide assistance under other law for
purposes that are similar to the purpose of this Act, in
order to avoid redundancy and coordinate Federal assistance,
research, and programs for youth violence prevention.
SEC. 609. EFFECTIVE DATE.
This part and the amendments made by this part shall take
effect on the date of enactment of this Act.
PART B--STATE LEADERSHIP ACTIVITIES TO PROMOTE SAFE SCHOOLS
SEC. 621. STATE LEADERSHIP ACTIVITIES TO PROMOTE SAFE SCHOOLS
PROGRAM.
(a) Short Title.--This section may be cited as the ``State
Leadership Activities to Promote Safe Schools Act''.
(b) Authority.--The Secretary is authorized to award grants
to State educational agencies from allocations under
subsection (c) to enable such agencies to carry out the
authorized activities described in subsection (e).
(c) Allocation.--Each State educational agency having an
application approved under subsection (d) shall be eligible
to receive a grant under this section for each fiscal year
that bears the same ratio to the amount appropriated pursuant
to the authority of subsection (f) for such year as the
amount such State educational agency receives pursuant to
section 1006 of the Elementary and Secondary Education Act of
1965 for such year bears to the total amount allocated to all
such agencies in all States having applications approved
under subsection (d) for such year, except that no State
educational agency having an application approved under
subsection (d) in any fiscal year shall receive less than
$100,000 for such year.
(d) Application.--Each State educational agency desiring a
grant under this section shall submit an application to the
Secretary at such time, in such manner and containing such
information as the Secretary may reasonably require. Each
such application shall--
(1) describe the activities and services for which
assistance is sought;
(2) contain a statement of the State educational agency's
goals and objectives for violence prevention and a
description of the procedures to be used for assessing and
publicly reporting progress toward meeting those goals and
objectives; and
(3) contain a description of how the State educational
agency will coordinate such agency's activities under this
section with the violence prevention efforts of other State
agencies.
(e) Use of Funds.--Grant funds awarded under this section
shall be used--
(1) to support a statewide resource coordinator;
(2) to provide technical assistance to both rural and urban
local school districts;
(3) to disseminate to local educational agencies and
schools information on successful school violence prevention
programs funded through Federal, State, local and private
sources;
(4) to make available to local educational agencies teacher
training and parent and student awareness programs, which
training and programs may be provided through video or other
telecommunications approaches;
(5) to supplement and not supplant other Federal, State and
local funds available to carry out the activities assisted
under this section; and
(6) for other activities the Secretary may deem
appropriate.
(f) Authorization of Appropriations.--There are authorized
to be appropriated $10,000,000 for each of the fiscal years
1995 and 1996 to carry out this section.
TITLE VII--MIDNIGHT BASKETBALL LEAGUE TRAINING AND PARTNERSHIP
SEC. 701. SHORT TITLE.
This title may be cited as the ``Midnight Basketball League
Training and Partnership Act''.
SEC. 702. GRANTS FOR MIDNIGHT BASKETBALL LEAGUE TRAINING AND
PARTNERSHIP PROGRAMS.
Section 520 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 11903a) is amended--
(1) in the section heading by inserting ``and assisted''
after ``public'';
(2) in the subsection heading for subsection (a), by
inserting ``Public Housing'' before ``Youth''; and
(3) by adding at the end the following new subsection:
``(l) Midnight Basketball League Training and Partnership
Programs.--
``(1) Authority.--The Secretary of Housing and Urban
Development shall make grants, to the extent that amounts are
approved in appropriations Acts under paragraph (13), to--
``(A) eligible entities to assist such entities in carrying
out midnight basketball league programs meeting the
requirements of paragraph (4); and
``(B) eligible advisory entities to provide technical
assistance to eligible entities in establishing and operating
such midnight basketball league programs.
``(2) Eligible entities.--
``(A) In general.--Subject to subparagraph (B), grants
under paragraph (1)(A) may be made only to the following
eligible entities:
``(i) Entities eligible under subsection (b) for a grant
under subsection (a).
``(ii) Nonprofit organizations providing employment
counseling, job training, or other educational services.
``(iii) Nonprofit organizations providing federally
assisted low-income housing.
``(B) Prohibition on second grants.--A grant under
paragraph (1)(A) may not be made to an eligible entity if the
entity has previously received a grant under such paragraph,
except that the Secretary may exempt an eligible advisory
entity from the prohibition under this subparagraph in
extraordinary circumstances.
``(3) Use of grant amounts.--Any eligible entity that
receives a grant under paragraph (1)(A) may use such amounts
only--
``(A) to establish or carry out a midnight basketball
league program under paragraph (4);
``(B) for salaries for administrators and staff of the
program;
``(C) for other administrative costs of the program, except
that not more than 5 percent of the grant amount may be used
for such administrative costs; and
``(D) for costs of training and assistance provided under
paragraph (4)(I).
``(4) Program requirements.--Each eligible entity receiving
a grant under paragraph (1)(A) shall establish a midnight
basketball league program as follows:
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``(A) The program shall establish a basketball league of
not less than 8 teams having 10 players each.
``(B) Not less than 50 percent of the players in the
basketball league shall be residents of federally assisted
low-income housing or members of low-income families (as such
term is defined in section 3(b) of the United States Housing
Act of 1937).
``(C) The program shall be designed to serve primarily
youths and young adults from a neighborhood or community
whose population has not less than 2 of the following
characteristics (in comparison with national averages):
``(i) A substantial problem regarding use or sale of
illegal drugs.
``(ii) A high incidence of crimes committed by youths or
young adults.
``(iii) A high incidence of persons infected with the human
immunodeficiency virus or sexually transmitted diseases.
``(iv) A high incidence of pregnancy or a high birth rate,
among adolescents.
``(v) A high unemployment rate for youths and young adults.
``(vi) A high rate of high school drop-outs.
``(D) The program shall require each player in the league
to attend employment counseling, job training, and other
educational classes provided under the program, which shall
be held immediately following the conclusion of league
basketball games at or near the site of the games and at
other specified times.
``(E) The program shall serve only youths and young adults
who demonstrate a need for such counseling, training, and
education provided by the program, in accordance with
criteria for demonstrating need, which shall be established
by the Secretary, in consultation with the Advisory
Committee.
``(F) The majority of the basketball games of the league
shall be held between the hours of 10:00 p.m. and 2:00 a.m.
at a location in the neighborhood or community served by the
program.
``(G) The program shall obtain sponsors for each team in
the basketball league. Sponsors shall be private individuals
or businesses in the neighborhood or community served by the
program who make financial contributions to the program and
participate in or supplement the employment, job training,
and educational services provided to the players under the
program with additional training or educational
opportunities.
``(H) The program shall comply with any criteria
established by the Secretary, in consultation with the
Advisory Committee established under paragraph (9).
``(I) Administrators or organizers of the program shall
receive training and technical assistance provided by
eligible advisory entities receiving grants under paragraph
(8).
``(5) Grant amount limitations.--
``(A) Private contributions.--The Secretary may not make a
grant under paragraph (1)(A) to an eligible entity that
applies for a grant under paragraph (6) unless the applicant
entity certifies to the Secretary that the entity will
supplement the grant amounts with amounts of funds from non-
Federal sources, as follows:
``(i) In each of the first 2 years that amounts from the
grant are disbursed (under subparagraph (E)), an amount
sufficient to provide not less than 35 percent of the cost of
carrying out the midnight basketball league program.
``(ii) In each of the last 3 years that amounts from the
grant are disbursed, an amount sufficient to provide not less
than 50 percent of the cost of carrying out the midnight
basketball league program.
``(B) Non-federal funds.--For purposes of this paragraph,
the term `funds from non-Federal sources' includes amounts
from nonprofit organizations, public housing agencies,
States, units of general local government, and Indian housing
authorities, private contributions, any salary paid to staff
(other than from grant amounts under paragraph (1)(A)) to
carry out the program of the eligible entity, in-kind
contributions to carry out the program (as determined by the
Secretary after consultation with the Advisory Committee),
the value of any donated material, equipment, or building,
the value of any lease on a building, the value of any
utilities provided, and the value of any time and services
contributed by volunteers to carry out the program of the
eligible entity.
``(C) Prohibition on substitution of funds.--Grant amounts
under paragraph (1)(A) and amounts provided by States and
units of general local government to supplement grant amounts
may not be used to replace other public funds previously
used, or designated for use, under this section.
``(D) Maximum and minimum grant amounts.--
``(i) In general.--The Secretary may not make a grant under
paragraph (1)(A) to any single eligible entity in an amount
less than $55,000 or exceeding $130,000, except as provided
in clause (ii).
``(ii) Exception for large leagues.--In the case of a
league having more than 80 players, a grant under paragraph
(1)(A) may exceed $130,000, but may not exceed the amount
equal to 35 percent of the cost of carrying out the midnight
basketball league program.
``(E) Disbursement.--Amounts provided under a grant under
paragraph (1)(A) shall be disbursed to the eligible entity
receiving the grant over the 5-year period beginning on the
date that the entity is selected to receive the grant, as
follows:
``(i) In each of the first 2 years of such 5-year period,
23 percent of the total grant amount shall be disbursed to
the entity.
``(ii) In each of the last 3 years of such 5-year period,
18 percent of the total grant amount shall be disbursed to
the entity.
``(6) Applications.--To be eligible to receive a grant
under paragraph (1)(A), an eligible entity shall submit to
the Secretary an application in the form and manner required
by the Secretary (after consultation with the Advisory
Committee), which shall include--
``(A) a description of the midnight basketball league
program to be carried out by the entity, including a
description of the employment counseling, job training, and
other educational services to be provided;
``(B) letters of agreement from service providers to
provide training and counseling services required under
paragraph (4) and a description of such service providers;
``(C) letters of agreement providing for facilities for
basketball games and counseling, training, and educational
services required under paragraph (4) and a description of
the facilities;
``(D) a list of persons and businesses from the community
served by the program who have expressed interest in
sponsoring, or have made commitments to sponsor, a team in
the midnight basketball league; and
``(E) evidence that the neighborhood or community served by
the program meets the requirements of paragraph (4)(C).
``(7) Selection.--The Secretary, in consultation with the
Advisory Committee, shall select eligible entities that have
submitted applications under paragraph (6) to receive grants
under paragraph (1)(A). The Secretary, in consultation with
the Advisory Committee, shall establish criteria for
selection of applicants to receive such grants. The criteria
shall include a preference for selection of eligible entities
carrying out midnight basketball league programs in suburban
and rural areas.
``(8) Technical assistance grants.--Technical assistance
grants under paragraph (1)(B) shall be made as follows:
``(A) Eligible advisory entities.--Technical assistance
grants may be made only to entities that--
``(i) are experienced and have expertise in establishing,
operating, or administering successful and effective programs
for midnight basketball and employment, job training, and
educational services similar to the programs under paragraph
(4); and
``(ii) have provided technical assistance to other entities
regarding establishment and operation of such programs.
``(B) Use.--Amounts received under technical assistance
grants shall be used to establish centers for providing
technical assistance to entities receiving grants under
paragraph (1)(A) of this subsection and subsection (a)
regarding establishment, operation, and administration of
effective and successful midnight basketball league programs
under this subsection and subsection (c)(3).
``(C) Number and amount.--To the extent that amounts are
provided in appropriations Acts under paragraph (13)(B) in
each fiscal year, the Secretary shall make technical
assistance grants under paragraph (1)(B). In each fiscal year
that such amounts are available the Secretary shall make 4
such grants, as follows:
``(i) 2 grants shall be made to eligible advisory entities
for development of midnight basketball league programs in
public housing projects.
``(ii) 2 grants shall be made to eligible advisory entities
for development of midnight basketball league programs in
suburban or rural areas.
Each grant shall be in an amount not exceeding $25,000.
``(9) Advisory committee.--The Secretary of Housing and
Urban Development shall appoint an Advisory Committee to
assist the Secretary in providing grants under this
subsection. The Advisory Committee shall be composed of not
more than 7 members, as follows:
``(A) Not less than 2 individuals who are involved in
managing or administering midnight basketball programs that
the Secretary determines have been successful and effective.
Such individuals may not be involved in a program assisted
under this subsection or a member or employee of an eligible
advisory entity that receives a technical assistance grant
under paragraph (1)(B).
``(B) A representative of the Center for Substance Abuse
Prevention of the Public Health Service, Department of Health
and Human Services, who is involved in administering the
grant program for prevention, treatment, and rehabilitation
model projects for high risk youth under section 509A of the
Public Health Service Act (42 U.S.C. 290aa-8), who shall be
selected by the Secretary of Health and Human Services.
``(C) A representative of the Department of Education, who
shall be selected by the Secretary of Education.
``(D) A representative of the Department of Health and
Human Services, who shall be selected by the Secretary of
Health and Human Services from among officers and employees
of the Department involved in issues relating to high-risk
youth.
``(10) Reports.--The Secretary shall require each eligible
entity receiving a grant under paragraph (1)(A) and each
eligible advisory entity receiving a grant under paragraph
(1)(B) to submit to the Secretary, for each year in which
grant amounts are received by the entity, a report describing
the activities carried out with such amounts.
``(11) Study.--To the extent amounts are provided under
appropriation Acts pursuant to paragraph (13)(C), the
Secretary shall
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make a grant to one entity qualified to carry out a study
under this paragraph. The entity shall use such grant amounts
to carry out a scientific study of the effectiveness of
midnight basketball league programs under paragraph (4) of
eligible entities receiving grants under paragraph (1)(A).
The Secretary shall require such entity to submit a report
describing the study and any conclusions and recommendations
resulting from the study to the Congress and the Secretary
not later than the expiration of the 2-year period beginning
on the date that the grant under this paragraph is made.
``(12) Definitions.--For purposes of this subsection:
``(A) The term `Advisory Committee' means the Advisory
Committee established under paragraph (9).
``(B) The term `eligible advisory entity' means an entity
meeting the requirements under paragraph (8)(A).
``(C) The term `eligible entity' means an entity described
under paragraph (2)(A).
``(D) The term `federally assisted low-income housing' has
the meaning given the term in section 5126 of the Public and
Assisted Housing Drug Elimination Act of 1990.
``(13) Authorization of appropriations.--There are
authorized to be appropriated--
``(A) for grants under paragraph (1)(A), $2,650,000 in each
of fiscal years 1994 and 1995;
``(B) for technical assistance grants under paragraph
(1)(B), $100,000 in each of fiscal years 1994 and 1995; and
``(C) for a study grant under paragraph (11), $250,000 in
fiscal year 1994.''.
SEC. 703. PUBLIC HOUSING MIDNIGHT BASKETBALL LEAGUE PROGRAMS.
Section 520(c) of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C 11903a(c)) is amended by adding at the
end the following new paragraph:
``(3) Midnight basketball league programs.--Notwithstanding
any other provision of this subsection and subsection (d), a
grant under this section may be used to carry out any youth
sports program that meets the requirements of a midnight
basketball league program under subsection (l)(4) (not
including subparagraph (B) of such subsection) if the program
serves primarily youths and young adults from the public
housing project in which the program assisted by the grant is
operated.''.
TITLE VIII--YOUTH VIOLENCE IN SCHOOLS AND COMMUNITIES
SEC. 801. PURPOSE.
It is the purpose of this title to help local communities
achieve Goal Six of the National Education Goals, which
provides that by the year 2000, every school in America will
be free of drugs and violence and will offer a disciplined
environment conducive to learning, by strengthening local
disciplinary control.
SEC. 802. FINDINGS.
The Congress finds that--
(1) the violence within elementary and secondary schools
across the Nation has increased dramatically during the past
decade;
(2) almost 3,000,000 crimes occur on or near school
campuses every year, with 16,000 crimes occurring per school
day or one crime occurring every 6 seconds;
(3) 20 percent of teachers in schools have reported being
threatened with violence by a student;
(4) schools are being asked to take on responsibilities
that society as a whole has neglected, and teachers and
principals are being forced to referee fights rather than
teach;
(5) over two-thirds of public school teachers have been
verbally abused, threatened with injury, or physically
attacked;
(6) violent or criminal behavior by students interferes
with a teacher's ability to teach in a safe environment the
students not exhibiting such behavior;
(7) 40 percent of all students do not feel safe in school
and 50 percent of all students know someone who switched
schools to feel safer;
(8) nearly one-half of the teachers who leave the teaching
profession cite discipline problems as one of the main
reasons for leaving such profession; and
(9) a lack of parental involvement contributes strongly to
school violence.
SEC. 803. PROVISIONS.
(a) Local Discipline Control.--No Federal law or
regulation, except education and civil rights laws protecting
individuals with disabilities, or State policy implementing
such a Federal law or regulation, shall restrict any local
educational agency, or elementary or secondary school, from
developing and implementing disciplinary policies and action
with respect to criminal or violent acts of students,
occurring on school premises, in order to create an
environment conducive to learning.
(b) Shared Information.--No Federal law or regulation, or
State policy implementing such a Federal law or regulation,
shall restrict any local educational agency or elementary or
secondary school from requesting and receiving information
from a State agency, local educational agency, or an
elementary or secondary school regarding a conviction or
juvenile adjudication, within five years of the date of the
request, or a pending prosecution for a violent or weapons
offense, of a student who is attending an elementary or
secondary school served by the local educational agency, or
the elementary or secondary school, requesting such
information.
(c) Parental Responsibility.--It is the policy of the
Congress that States, in cooperation with local educational
agencies, schools, and parent groups, should be encouraged to
enforce disciplinary policies with respect to parents of
children who display criminal or violent behavior toward
teachers, students, other persons, or school property.
TITLE IX--EDUCATIONAL RESEARCH AND IMPROVEMENT
SEC. 901. SHORT TITLE.
This title may be cited as the ``Educational Research and
Improvement Act of 1994''.
PART A--OFFICE OF EDUCATIONAL RESEARCH AND IMPROVEMENT
SEC. 911. REPEAL.
(a) Repeal.--Section 405 of the General Education
Provisions Act (20 U.S.C. 1221e) is repealed.
(b) Conforming Amendment.--The second sentence of section
209 of the Department of Education Organization Act (20
U.S.C. 3419) is amended by inserting ``and such functions as
set forth in section 102 of the Educational Research and
Improvement Act of 1993'' after ``delegate''.
SEC. 912. OFFICE OF EDUCATIONAL RESEARCH AND IMPROVEMENT.
(a) Purposes; Composition; Definitions.--
(1) Purposes.--The purposes of the Office of Educational
Research and Improvement are to--
(A) assess, promote, and improve the quality and equity of
education in the United States, so that all Americans have an
equal opportunity to receive an education of the highest
quality;
(B) provide new directions for federally supported research
and development activities with a view toward reform in the
Nation's school systems, achieving the National Education
Goals and affecting national policy for education;
(C) provide leadership in the scientific inquiry into the
educational process;
(D) provide leadership in advancing the practice of
education as an art, science, and profession;
(E) collect, analyze, and disseminate statistics and other
data related to education in the United States and other
nations; and
(F) make available to the Congress and the people of the
United States the results of research and development
activities in the field of education in order to bring
research directly to the classroom to improve educational
practice.
(2) Composition.--
(A) In general.--The Office shall be administered by the
Assistant Secretary and shall include--
(i) the Advisory Board of Educational Research described in
subparagraph (B);
(ii) the directorates for educational research described in
subsections (c) through (h);
(iii) the regional educational laboratories described in
subsection (k);
(iv) the Office of Dissemination and Reform Assistance
described in subsection (m);
(v) the National Education Library described in subsection
(o);
(vi) the Education Resources Information Clearinghouses
described in subsection (p);
(vii) the National Center for Education Statistics,
including the National Assessment of Educational Progress;
and
(viii) such other entities as the Assistant Secretary deems
appropriate to carry out the purposes of the Office.
(B) Advisory board of educational research.--
(i) Advisory board of educational research.--The Advisory
Board of Educational Research shall consist of 9 members to
be appointed by the Secretary. The Assistant Secretary shall
serve as an ex officio member.
(ii) Qualifications.--
(I) In general.--The persons appointed as members of the
Advisory Board shall be appointed solely on the basis of--
(aa) eminence in the fields of basic or applied research,
or dissemination of such research; or
(bb) established records of distinguished service in
educational research and the education professions, including
practitioners.
(II) Consideration.--In making appointments under this
clause, the Secretary shall give due consideration to the
equitable representation of educational researchers who--
(aa) are women;
(bb) represent minority groups; or
(cc) are classroom teachers with research experience.
(III) Recommendations.--In making appointments under this
clause, the Secretary shall give due consideration to any
recommendations for an appointment which may be submitted to
the Secretary by a variety of groups with prominence in
educational research and development, including the National
Academy of Education and the National Academy of Sciences.
(IV) A member of the Advisory Board may not serve on any
other Department of Education advisory board, or as a paid
consultant of such Department.
(iii) Term.--(I) The term of office of each member of the
Advisory Board shall be 6 years, except that initial
appointments shall be made to ensure staggered terms, with
one-third of such members' terms expiring every 2 years. Any
member appointed to fill a vacancy occurring prior to the
expiration of the term for which the member's predecessor was
appointed shall be appointed for the remainder of such term.
Any person, other than the Assistant Secretary, who has been
a member of the Advisory Board for 12 consecutive years shall
thereafter be ineligible for appointment during the 6-year
period following such twelfth year.
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(II) Prohibition regarding removal.--The Secretary shall
neither remove nor encourage the departure of a member of the
Advisory Board appointed in accordance with this subparagraph
before the expiration of such member's term.
(III) Chairperson.--The members of the Advisory Board shall
select a Chairperson from among such members.
(IV) Quorum.--A majority of the appointed members of the
Advisory Board shall constitute a quorum.
(V) Staff.--From amounts appropriated pursuant to the
authority of subsection (q)(1)(A), the Advisory Board, in
consultation with the Assistant Secretary, shall recommend
for appointment such staff as may be necessary. Such staff
shall be appointed by the Assistant Secretary and assigned at
the direction of the Advisory Board.
(iv) Responsibilities.--The Advisory Board shall provide
oversight of the Office, and shall--
(I) advise the Nation on the Federal research and
development effort;
(II) recommend ways for strengthening active partnerships
among researchers, educational practitioners, librarians, and
policymakers;
(III) recommend ways to strengthen interaction and
collaboration between the various program offices and
components;
(IV) solicit advice and information from the educational
field, to define research needs and suggestions for research
topics, and shall involve educational practitioners,
particularly teachers, in this process;
(V) solicit advice from practitioners, policymakers, and
researchers, and recommend missions for the national research
centers assisted under this section by identifying topics
which require long-term, sustained, systematic, programmatic,
and integrated research and dissemination efforts;
(VI) provide recommendations for translating research
findings into workable, adaptable models for use in policy
and in practice across different settings, and
recommendations for other forms of dissemination;
(VII) provide recommendations for creating incentives to
draw talented young people into the field of educational
research, including scholars from disadvantaged and minority
groups;
(VIII) provide recommendations for new studies to close
gaps in the research base;
(IX) evaluate and provide recommendations to the President
and the Congress regarding the quality of research conducted
through each directorate and regional educational laboratory,
the relevance of the research topics, and the effectiveness
of the dissemination of each directorate's and laboratory's
activities;
(X) advise the Assistant Secretary on standards and
guidelines for research programs and activities to ensure
that research is of high quality and free from partisan
political influence; and
(XI) provide recommendations to promote coordination and
synthesis of research among directorates.
(v) Committees and reports.--
(I) In general.--The Advisory Board is authorized to
appoint from among its members such committees as the
Advisory Board deems necessary, and to assign to committees
so appointed such survey and advisory functions as the
Advisory Board deems appropriate to assist the Advisory Board
in exercising its powers and functions under this section.
(II) From amounts appropriated pursuant to subsection
(q)(1), the Advisory Board shall transmit to the President,
for submission to the Congress not later than January 15 of
each even-numbered year, a report on the activities of the
Office, and on education, educational research, national
indicators, and data-gathering in general.
(3) Definitions.--For the purposes of this section--
(A) the term ``Advisory Board'' means the Advisory Board of
Educational Research established under paragraph (2)(B);
(B) the term ``Assistant Secretary'' means the Assistant
Secretary for Educational Research and Improvement
established by section 202 of the Department of Education
Organization Act;
(C) the term ``development'' means transformation or
adaptation of research results into usable forms, in order to
contribute to the improvement of educational practice;
(D) the term ``dissemination'' means the communication and
transfer of the results of research and proven practice in
forms that are understandable, easily accessible and usable
or adaptable for use in the improvement of educational
practice by teachers, administrators, librarians, other
practitioners, researchers, policymakers, and the public;
(E) the term ``education research'' includes basic and
applied research, inquiry with the purpose of applying tested
knowledge gained to specific educational settings and
problems, development, planning, surveys, assessments,
evaluations, investigations, experiments, and demonstrations
in the field of education and other fields relating to
education;
(F) the term ``field-initiated research'' means education
research in which topics and methods of study are generated
by investigators, including teachers and other practitioners,
not by the source of funding;
(G) the term ``Indian reservation'' means a reservation, as
such term is defined in--
(i) section 3(d) of the Indian Financing Act of 1974 (25
U.S.C. 1452(d)); or
(ii) section 4(10) of the Indian Child Welfare Act of 1978
(25 U.S.C. 1903(10));
(H) the term ``Office'', unless otherwise specified, means
the Office of Educational Research and Improvement
established by section 209 of the Department of Education
Organization Act; and
(I) the term ``technical assistance'' means assistance in
identifying, selecting, or designing solutions based on
research to address educational problems, planning and design
that leads to adapting research knowledge to school practice,
training to implement such solutions, and other assistance
necessary to encourage adoption or application of research.
(b) Authorized Activities.--
(1) Office.--In fulfilling its purposes under this section,
the Office is authorized to--
(A) conduct and support education-related research
activities, including basic and applied research,
development, planning, surveys, assessments, evaluations,
investigations, experiments, and demonstrations of national
significance;
(B) disseminate the findings of education research, and
provide technical assistance to apply such information to
specific school problems at the school site;
(C) collect, analyze, and disseminate data related to
education, and to library and information services;
(D) promote the use of knowledge gained from research and
statistical findings in schools, other educational
institutions, and communities;
(E) provide training in education research; and
(F) promote the coordination of education research and
research support within the Federal Government, and otherwise
assist and foster such research.
(2) Open competition.--All grants, contracts, and
cooperative agreements awarded or entered into pursuant to
this section shall be awarded or entered into through a
process of open competition and peer review that shall be
announced in the Federal Register or other publication that
the Secretary determines appropriate.
(3) Assistant secretary.--
(A) In general.--In carrying out the activities and
programs of the Office, the Assistant Secretary shall--
(i) ensure that there is broad and regular public and
professional involvement from the educational field in the
planning and carrying out of the Office's activities,
including establishing teacher advisory boards for any
program office, program or project of the Office as the
Assistant Secretary deems necessary, and involving Indian and
Alaska Native researchers and educators in activities that
relate to the education of Indian and Alaska Native people;
(ii) ensure that the selection of research topics and the
administration of the program are free from partisan
political influence;
(iii) develop directly, or through grant or contract,
standards and guidelines for research, programs and
activities carried out through the Office;
(iv) establish a long- and short-term research agenda in
consultation with the Advisory Board; and
(v) review research priorities established within each
directorate and promote research syntheses across the
directorates.
(B) Information and technical assistance.--The Assistant
Secretary is authorized to offer information and technical
assistance to State and local educational agencies, school
boards, and schools, including schools funded by the Bureau
of Indian Affairs, to ensure that no student is--
(i) denied access to the same rigorous, challenging
curriculum that such student's peers are offered; or
(ii) grouped or otherwise labeled in such a way that may
impede such student's achievement.
(C) Long-term agenda.--One year after the date of enactment
of this Act, the Assistant Secretary shall submit a report to
the President and to the Congress on a 6-year long-term plan
for the educational research agenda for the Office. Upon
submission of such report and every 2 years thereafter, the
Assistant Secretary shall submit to the President and to the
Congress a progress report on the 6-year plan, including an
assessment of the success or failure of meeting the
components of the 6-year plan, proposed modifications or
changes to the 6-year plan, and additions to the 6-year plan.
(4) Secretary.--The Secretary shall enter into contracts
for the conduct of independent evaluations of the programs
and activities carried out through the Office in accordance
with this section, and transmit such evaluations to the
Congress, the President and the Assistant Secretary, in order
to--
(A) evaluate--
(i) the effectiveness of the programs and activities of the
Office; and
(ii) the implementation of projects and programs funded
through the Office over time;
(iii) the impact of educational research on instruction at
the school level; and
(iv) the ability of the Office to keep research funding
free from partisan political interference;
(B) measure the success of educational information
dissemination;
(C) assess the usefulness of research and activities
carried out by the Office, including products disseminated by
the Office; and
(D) provide recommendations for improvement of the programs
of the Office.
(5) Intradepartmental coordination.--(A) The Secretary
shall establish and maintain a program designed to facilitate
planning and cooperative research and development throughout
the Department of Education.
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(B) The program described in subparagraph (A) shall
include--
(i) establishing and maintaining a database on all
Department of Education funded research and improvement
efforts;
(ii) coordinating the work of the various program offices
within the Department of Education to avoid duplication;
(iii) working cooperatively with the employees of various
program offices with the Department of Education on projects
of common interest to avoid duplication; and
(iv) generally increasing communication throughout the
Department of Education regarding education research.
(c) Directorates of Educational Research.--
(1) Requirements.--
(A) In general.--In carrying out the functions of the
Office, the Assistant Secretary shall establish 5
directorates of educational research in accordance with this
section.
(B) Director.--The Assistant Secretary shall appoint a
Director for each directorate. Each such Director shall be a
leading professional in the field relevant to the mission of
the directorate.
(C) Research syntheses.--The Assistant Secretary shall
provide for and promote research syntheses across the
directorates in early childhood, elementary, secondary,
vocational, and higher education, and shall coordinate
research plans, projects, and findings across the
directorates, placing a priority on synthesis and
coordination between the directorates described in
subsections (d) and (e). Each Director shall report directly
to the Assistant Secretary, regarding the activities of the
directorate, and shall work together to promote research
syntheses across the directorates.
(2) Duties.--Each such directorate shall--
(A) carry out its activities directly or through grants,
contracts, and cooperative agreements with institutions of
higher education, public and private organizations,
institutions, agencies or individuals, or a consortia
thereof;
(B) conduct and support the highest quality basic and
applied research in early childhood, elementary and
secondary, vocational and higher education, including teacher
education, which is relevant to the directorate;
(C) have improved student learning and achievement as its
primary focus;
(D) promote research that is based in core content areas;
(E) conduct sustained research and development on improving
the educational achievement of poor and minority individuals
as an integral part of the directorates' work;
(F) serve as a national database on model and demonstration
programs which have particular application to the activities
of the directorate, particularly with respect to model
programs conducted by businesses, private, and nonprofit
organizations and foundations;
(G) support, plan, implement, and operate dissemination
activities designed to bring the most effective research
directly into classroom practice, school organization and
management, teacher preparation and training, and libraries,
and to the extent possible, carry out dissemination
activities through the use of technology;
(H) support and provide research information that leads to
policy formation for State legislatures, State and local
boards of education, schools funded by the Bureau of Indian
Affairs, and other policy and governing bodies, to assist
such entities in identifying and developing effective
policies to promote student achievement and school
improvement;
(I) coordinate the directorate's activities with the
activities of the regional educational laboratories
established pursuant to subsection (k) and with other
educational service organizations in designing the
directorate's research agenda and projects in order to
increase the responsiveness of such directorate to the needs
of teachers and the educational field and to bring research
findings directly into schools to ensure the greatest access
at the local level to the latest research developments; and
(J) provide assistance to the Assistant Secretary in
planning and coordinating syntheses that provide research
knowledge related to each level of the education system (from
preschool to higher education) to increase understanding of
student performance across different educational levels.
(3) Reservations.--
(A) Field-initiated research.--Each directorate shall
reserve in each fiscal year not less than one-third of the
amount available to such directorate to conduct field-
initiated research.
(B) National research centers.--Each directorate shall
reserve in each fiscal year not less than one-third of the
amount available to such directorate to award grants or enter
into contracts with institutions of higher education, public
agencies, or private nonprofit organizations, for the support
of long-term national research centers of sufficient size,
scope, and quality for educational research and development
in accordance with paragraph (4), except that no such center
shall receive such a grant or contract for less than
$1,100,000 for such fiscal year. Each such center shall
engage in research, development and dissemination involving
topics relevant to the mission of the directorate supporting
such center.
(C) Special rule.--No research and development center
supported by the Office and operating on the day preceding
the date of enactment of this Act shall by reason of receipt
of such support be ineligible to receive any other assistance
from the Office authorized by law.
(4) National research centers.--
(A) Duration.--The grants or contracts awarded or entered
into to support national research centers described in
paragraph (3)(B) shall be awarded or entered into for a
period of at least 5 years, and may be renewed for additional
periods of 5 years after periodic review by the Assistant
Secretary.
(B) Review.--All applications to establish a national
research center shall be reviewed by independent experts in
accordance with standards and guidelines developed by the
Office pursuant to subsections (a)(2)(B)(iv)(X) and
(b)(3)(A)(iii). Such standards and guidelines shall include--
(i) whether applicants have assembled a group of high
quality researchers sufficient to achieve the mission of the
center;
(ii) whether the proposed organizational structure and
arrangements will facilitate achievement of the mission of
the center;
(iii) whether there is a substantial staff commitment to
the work of the center;
(iv) whether the directors and support staff are full-time
employees, to the extent practicable;
(v) review of the contributions of the applicant's primary
researchers for the purpose of evaluating the appropriateness
of such primary researchers' experiences and expertise in the
context of the proposed center activities, and the adequacy
of such primary researchers' time commitments to achievement
of the mission of the center; and
(vi) the manner in which the results of education research
will be disseminated for further use.
(5) Publication.--The Assistant Secretary shall publish
proposed research priorities developed by each directorate in
the Federal Register every 2 years, not later than October 1
of each year, and shall allow a period of 60 days for public
comments and suggestions.
(d) National Directorate on Curriculum, Instruction, and
Assessment.--The Assistant Secretary shall establish and
operate the National Directorate on Curriculum, Instruction,
and Assessment. The directorate established under this
subsection is authorized to conduct research on--
(1) methods to improve student achievement at all
educational levels in core content areas;
(2) methods to improve the process of reading, the craft of
writing, the growth of reasoning skills, and the development
of information-finding skills;
(3) enabling students to develop higher order thinking
skills;
(4) methods to teach effectively all students in mixed-
ability classrooms;
(5) developing, identifying, or evaluating new educational
assessments, including performance-based and portfolio
assessments which demonstrate skill and a command of
knowledge;
(6) standards for what students should know and be able to
do, particularly standards of desired performance set at
internationally competitive levels;
(7) the use of testing in the classroom and its impact on
improving student achievement, including an analysis of how
testing affects what is taught;
(8) test bias as such bias affects historically underserved
girls, women, and minority populations;
(9) test security, accountability, validity, reliability
and objectivity;
(10) relevant teacher training and instruction in giving a
test, scoring a test and in the use of test results to
improve student achievement;
(11) curriculum development designed to meet challenging
standards, including State efforts to develop such
curriculum;
(12) the need for, and methods of delivering, teacher
education, development, and inservice training;
(13) curriculum, instruction, and assessment in vocational
education and school-to-work transition;
(14) educational methods and activities to reduce and
prevent violence in schools;
(15) the use of technology in learning, teaching, and
testing;
(16) methods of involving parents in their children's
education and ways to involve business, industry, and other
community partners in promoting excellence in schools; and
(17) other topics relevant to the mission of the
directorate.
(e) National Directorate on the Educational Achievement of
Historically Underserved Populations.--The Assistant
Secretary shall establish and operate a National Directorate
on the Educational Achievement of Historically Underserved
Populations, the activities of which shall be closely
coordinated with those of the directorate described in
subsection (d). The directorate established under this
subsection is authorized to conduct research on--
(1) the quality of educational opportunities afforded
historically underserved populations, including minority
students, students with disabilities, economically
disadvantaged students, girls, women, limited-English
proficient students, and Indian and Alaska Native students,
particularly the quality of educational opportunities
afforded such populations in highly concentrated urban areas
and sparsely populated rural areas;
(2) effective institutional practices for expanding
opportunities for such groups;
(3) methods for overcoming the barriers to learning that
may impede student achievement;
(4) innovative teacher training and professional
development methods to help the his-
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torically underserved meet challenging standards;
(5) the use of technology to improve the educational
opportunities and achievement of the historically
underserved;
(6) the means by which parents, community resources and
institutions (including cultural institutions) can be
utilized to support and improve the achievement of at-risk
students;
(7) methods to improve the quality of the education of
American Indian and Alaska Native students not only in
schools funded by the Bureau of Indian Affairs, but also in
public elementary and secondary schools located on or near
Indian reservations, including--
(A) research on mechanisms to facilitate the establishment
of tribal departments of education that assume responsibility
for all education programs of State educational agencies
operating on an Indian reservation and all education programs
funded by the Bureau of Indian Affairs on an Indian
reservation;
(B) research on the development of culturally appropriate
curriculum for American Indian and Alaska Native students,
including American Indian and Alaska Native culture,
language, geography, history and social studies, and
graduation requirements related to such curriculum;
(C) research on methods for recruiting, training and
retraining qualified teachers from American Indian and Alaska
Native communities, including research to promote flexibility
in the criteria for certification of such teachers;
(D) research on techniques for improving the educational
achievement of American Indian and Alaska Native students,
including methodologies to reduce dropout rates and increase
graduation by such students; and
(E) research concerning the performance by American Indian
and Alaska Native students of limited-English proficiency on
standardized achievement tests, and related factors; and
(8) other topics relevant to the mission of the
directorate.
(f) National Directorate on Early Childhood Development and
Education.--The Assistant Secretary shall establish and
operate the National Directorate on Early Childhood
Development and Education, which shall have a special
emphasis on families and communities as families and
communities relate to early childhood education. The
directorate established under this subsection is authorized
to conduct research on--
(1) effective teaching and learning methods, and
curriculum;
(2) instruction that considers the cultural experiences of
children;
(3) access to current materials in libraries;
(4) family literacy and parental involvement in student
learning;
(5) the impact that outside influences have on learning,
including television, and drug and alcohol abuse;
(6) methods for integrating learning in settings other than
the classroom, particularly within families and communities;
(7) teacher training;
(8) readiness to learn, including topics such as prenatal
care, nutrition, and health services;
(9) the use of technology, including methods to help
parents instruct their children; and
(10) other topics relevant to the mission of the
directorate.
(g) National Directorate on Elementary and Secondary
Educational Governance, Finance, Policymaking, and
Management.--The Assistant Secretary shall establish and
operate a National Directorate on Elementary and Secondary
Educational Governance, Finance, Policymaking, and
Management. The directorate established under this subsection
is authorized to conduct research on--
(1) the relationship among finance, organization, and
management, and educational productivity, particularly with
respect to student achievement across educational levels and
core content areas;
(2) school-based management, shared decisionmaking and
other innovative school structures, and State and local
reforms and educational policies, which show promise for
improving student achievement;
(3) innovative school design, including lengthening the
school day and the school year, reducing class size and
building professional development into the weekly school
schedule and, as appropriate, conducting such further
research as may be recommended or suggested by the report
issued by the National Education Commission on Time and
Learning pursuant to section 443 of the General Education
Provisions Act;
(4) the social organization of schooling and the inner-
workings of schooling;
(5) policy decisions at all levels and the impact of such
decisions on school achievement and other student outcomes;
(6) effective approaches to organizing learning;
(7) effective ways of grouping students for learning so
that a student is not labeled or stigmatized in ways that may
impede such student's achievement;
(8) the amount of dollars allocated for education that are
actually spent on classroom instruction;
(9) the organization, structure, and finance of vocational
education;
(10) disparity in school financing among States, school
districts, and schools funded by the Bureau of Indian
Affairs;
(11) the use of technology in areas such as assisting in
school-based management or ameliorating the effects of
disparity in school financing among States, school districts,
and schools funded by the Bureau of Indian Affairs;
(12) approaches to systemic reforms involving the
coordination of multiple policies at the local, State, and
Federal levels of government to promote higher levels of
student achievement;
(13) the special adult education needs of historically
underserved and minority populations;
(14) the involvement of parents and families in the
management and governance of schools and the education of
their children; and
(15) other topics relevant to the mission of the
directorate.
(h) National Directorate on Adult Education, Literacy and
Lifelong Learning.--The Assistant Secretary shall establish
and operate a National Directorate on Adult Education,
Literacy and Lifelong Learning. The directorate established
under this subsection is authorized to conduct research on--
(1) learning and performance of adults, and policies and
methods for improving learning in contexts that include
school-to-work, worker retraining, and second-language
acquisition;
(2) the most effective training methods for adults to
upgrade education and vocational skills;
(3) opportunities for adults to continue their education
beyond higher education and graduate school, in the context
of lifelong learning and information-finding skills;
(4) adult literacy and effective methods, including
technology, to eliminate illiteracy;
(5) preparing students for a lifetime of work, the ability
to adapt through retraining to the changing needs of the work
force and the ability to learn new tasks;
(6) the use of technology to develop and deliver effective
training methods for adults to upgrade their education and
their vocational skills; and
(7) other topics relevant to the mission of the
directorate.
(i) Personnel.--
(1) In general.--The Assistant Secretary may appoint, for
terms not to exceed 3 years (without regard to the provisions
of title 5, United States Code governing appointment in the
competitive service) and may compensate (without regard to
the provisions of chapter 51 and subchapter III of chapter 53
of such title relating to classification and General Schedule
pay rates) such scientific or professional employees of the
Office as the Assistant Secretary considers necessary to
accomplish the functions of the Office. Such employees shall
not exceed one-fifth of the number of full-time, regular
scientific or professional employees of the Office. The rate
of basic pay for such employees may not exceed the maximum
annual rate of pay for grade GS-15 under section 5332 of
title 5, United States Code.
(2) Reappointment.--The Assistant Secretary may reappoint
employees described in paragraph (1) upon presentation of a
clear and convincing justification of need, for 1 additional
term not to exceed 3 years. All such employees shall work on
activities of the Office and shall not be reassigned to other
duties outside the Office during their term.
(j) Selection Procedures and Fellowships.--
(1) Selection procedures.--When making competitive awards
under this section, the Assistant Secretary shall--
(A) solicit recommendations and advice regarding research
priorities, opportunities, and strategies from qualified
experts, such as education professionals and policymakers,
librarians, personnel of the regional educational
laboratories described in subsection (k) and of the research
and development centers assisted under this section, and the
Advisory Board, as well as parents and other members of the
general public;
(B) employ suitable selection procedures using the
procedures and principles of peer review providing an
appropriate balance between expertise in research and
practice for all proposals so that technical research merit
is judged by research experts and programmatic relevance is
judged by program experts, except where such peer review
procedures are clearly inappropriate given such factors as
the relatively small amount of a grant or contract or the
exigencies of the situation; and
(C) determine that the activities assisted will be
conducted efficiently, will be of high quality, and will meet
priority research and development needs under this section.
(2) Fellowships.--
(A) Publication.--The Assistant Secretary shall publish
proposed research priorities for the awarding of research
fellowships under this paragraph in the Federal Register
every 2 years, not later than October 1 of each year, and
shall allow a period of 60 days for public comments and
suggestions.
(B) Competition.--Prior to awarding a fellowship under this
paragraph, the Assistant Secretary shall invite applicants to
compete for such fellowships through notice published in the
Federal Register.
(C) Authority.--From amounts appropriated pursuant to the
authority of subsection (q)(1), the Assistant Secretary may
establish and maintain research fellowships in the Office,
for scholars, researchers, policymakers, education
practitioners, librarians, and statisticians engaged in the
use, collection, and dissemination of information about
education and educational research. Subject to regulations
published by the Assistant Secretary, fellowships may include
[[Page 140]]
such stipends and allowances, including travel and
subsistence expenses provided under title 5, United States
Code, as the Assistant Secretary considers appropriate.
(k) Regional Educational Laboratories for Research,
Dissemination, and Technical Assistance.--
(1) Authority.--
(A) In general.--Subject to subparagraph (B), the Assistant
Secretary shall support at least 10 but not more than 20
regional educational laboratories established by public
agencies or private nonprofit organizations.
(B) Special rule.--In any fiscal year in which the amount
appropriated pursuant to the authority of subsection (q)(2)
exceeds $38,000,000, the Assistant Secretary may use the
amount in excess of $38,000,000 to support a regional
educational laboratory serving a region not in existence on
the day preceding the date of enactment of this Act, if such
amount is equal to or exceeds $2,000,000.
(C) Priority.--The Assistant Secretary shall give priority
to supporting a regional educational laboratory that involves
the combination or subdivision of a region or regions, such
that States within a region in existence on the day preceding
the date of enactment of this Act may be combined with States
in another such region to form a new region so long as such
combination does not result in any region in existence on
such date permanently becoming part of a larger region, nor
of any such region permanently subsuming another region.
(2) Definition.--For purposes of this subsection, the term
``regional educational laboratory'' means a public agency or
institution or a private nonprofit organization that--
(A) serves the education improvement needs in a geographic
region of the United States; and
(B) advances the National Education Goals.
(3) Duties.--Each regional educational laboratory shall--
(A) have as its central mission and primary function--
(i) to develop and disseminate educational research
products and processes to schools, teachers, local
educational agencies, State educational agencies, librarians,
and schools funded by the Bureau of Indian Affairs; and
(ii) through such development and dissemination and the
provision of technical assistance, to help all students learn
to challenging standards;
(B) provide technical assistance to State and local
educational agencies, school boards, schools funded by the
Bureau of Indian Affairs, State boards of education, schools,
and librarians in accordance with the prioritization
described in paragraph (4)(B)(vi) and needs related to
standard-driven education reform;
(C) facilitate school restructuring at the individual
school level, including technical assistance for adapting
model demonstration grant programs to each school;
(D) serve the educational development needs of the region
by providing education research in usable forms in order to
promote school improvement and academic achievement and to
correct educational deficiencies;
(E) develop a plan for identifying and serving the needs of
the region by conducting a continuing survey of the
educational needs, strengths, and weaknesses within the
region, including a process of open hearings to solicit the
views of schools, teachers, administrators, parents, local
educational agencies, librarians, and State educational
agencies within the region;
(F) use applied educational research to assist in solving
site-specific problems and to assist in development
activities;
(G) conduct applied research projects designed to serve the
particular needs of the region only in the event that such
quality applied research does not exist as determined by the
regional education laboratory or the Department of Education;
(H) facilitate communication between educational experts,
school officials, and teachers, parents, and librarians, to
enable such individuals to assist schools to develop a plan
to meet the National Education Goals;
(I) bring teams of experts together to develop and
implement school improvement plans and strategies;
(J) provide training in--
(i) the field of education research and related areas;
(ii) the use of new educational methods; and
(iii) the use of information-finding methods, practices,
techniques, and products developed in connection with such
training for which the regional educational laboratory may
support internships and fellowships and provide stipends;
(K) coordinate such laboratory's activities with the
directorates assisted under this section in designing such
laboratory's services and projects, in order to--
(i) maximize the use of research conducted through the
directorates in the work of such laboratory;
(ii) keep the directorates apprised of the work of the
regional educational laboratories in the field; and
(iii) inform the directorates about additional research
needs identified in the field;
(L) develop with the State educational agencies and library
agencies in the region and the Bureau of Indian Affairs a
plan for serving the region;
(M) collaborate and coordinate services with other
technical assistance funded by the Department of Education;
and
(N) cooperate with other regional laboratories to develop
and maintain a national network that addresses national
education problems.
(4) Governing board.--
(A) In general.--In carrying out the activities described
in paragraph (3), each regional educational laboratory shall
operate under the direction of a governing board, the members
of which--
(i) are representative of that region; and
(ii) include teachers and education researchers.
(B) Duties.--Each such governing board shall--
(i) determine, subject to the requirements of this section
and in consultation with the Assistant Secretary, the mission
of the regional educational laboratory;
(ii) ensure that the regional educational laboratory
attains and maintains a high level of quality in its work and
products;
(iii) establish standards to ensure that the regional
educational laboratory has strong and effective governance,
organization, management, and administration, and employs
qualified staff;
(iv) direct the regional educational laboratory to carry
out the regional educational laboratory's duties in a manner
as will make progress toward achieving the National Education
Goals and reforming schools and educational systems;
(v) conduct a continuing survey of the educational needs,
strengths, and weaknesses within the region, including a
process of open hearings to solicit the views of schools and
teachers; and
(vi) prioritize the needs of economically disadvantaged
urban and rural areas within the region and ensure that such
needs are served by the regional educational laboratory.
(5) Application.--Each entity desiring support for a
regional educational laboratory shall submit to the Assistant
Secretary an application that contains such information as
the Assistant Secretary may reasonably require, including
assurances that a regional educational laboratory will
address the activities described in paragraph (3).
(6) Additional projects.--In addition to activities
described in paragraph (3), the Assistant Secretary, from
amounts appropriated pursuant to subsection (q)(4), is
authorized to enter into agreements with a regional
educational laboratory for the purpose of carrying out
additional projects to enable such regional educational
laboratory to assist in efforts to achieve the National
Education Goals and for other purposes.
(7) Special rule.--No regional educational laboratory
shall, by reason of receipt of assistance under this section,
be ineligible to receive any other assistance from the Office
authorized by law or be prohibited from engaging in
activities involving international projects or endeavors.
(8) Plan.--Not later than July 1 of each year, each
regional educational laboratory shall submit to the Assistant
Secretary a plan covering the succeeding fiscal year, in
which such laboratory's mission, activities and scope of work
are described, including a general description of--
(A) the plans such laboratory expects to submit in the 4
succeeding years; and
(B) an assessment of how well such laboratory is meeting
the needs of the region.
(9) Contract duration.--The Assistant Secretary shall enter
into a contract for the purpose of supporting a regional
educational laboratory under this subsection for a minimum of
5 years. The Secretary shall ensure that the recompetition
cycles for new contracts for regional educational
laboratories are carried out in such a manner that the
expiration of the laboratory contracts is consistent with the
reauthorization cycle.
(10) Review.--The Assistant Secretary shall review the work
of each regional educational laboratory in the third year
that such laboratory receives assistance under this
subsection, and shall evaluate the performance of such
laboratory's activities to determine if such activities are
consistent with the duties described in paragraph (3).
(11) Construction.--Nothing in this subsection
shall be construed to require any modifications in the
regional educational laboratory contracts in effect on the
day preceding the date of enactment of this Act.
(12) Advance payment system.--Each regional educational
laboratory shall participate in the advance payment system of
the Department of Education.
(13) Coordination.--The regional education laboratories
shall work collaboratively, and coordinate the services such
laboratories provide, with the technical assistance centers
authorized under the Elementary and Secondary Education Act
of 1965.
(l) Teacher Research Dissemination Demonstration Program.--
(1) Findings.--The Congress finds that--
(A) education research, including research funded by the
Office, is not having the impact on the Nation's schools that
such research should;
(B) relevant education research and resulting solutions are
not being adequately disseminated to and used by the teachers
that need such research and solutions;
(C) there are insufficient linkages between the research
and development centers assisted under this section, the
regional educational laboratories described in subsection
(k), the National Diffusion Network State facilitators, the
Education Resources Information Clearinghouses, the
comprehensive technical assistance centers assisted under the
Elementary and Secondary Education Act of 1965, and the
public schools to ensure that research on effective practice
is disseminated and technical assistance provided to all
teachers;
[[Page 141]]
(D) the average teacher has little time to plan or engage
in a professional dialogue with peers about strategies for
improved learning;
(E) teachers do not have direct access to information
systems or networks;
(F) teachers have little control over what inservice
education teachers will be offered; and
(G) individual teachers are not encouraged to move beyond
the walls of their school buildings to identify and use
outside resources.
(2) Establishment.--
(A) In general.--The Secretary is authorized to make grants
to, and enter into contracts or cooperative agreements with,
public and private agencies and organizations, including
institutions of higher education, the regional education
laboratories, and the research and development centers, or
consortia thereof--
(i) to develop and carry out projects that demonstrate
effective strategies for helping elementary and secondary
education teachers, in both urban and rural areas, become
knowledgeable about, assist in the design and use of, and
use, education research, including education research carried
out under this section; and
(ii) to develop, implement, and evaluate models for
creation of teacher research dissemination networks.
(B) Priority.--In awarding grants and entering into
contracts and cooperative agreements under subparagraph (A)
the Secretary shall give priority to entities that have
received Federal funds for research and dissemination.
(3) Applications.--
(A) In general.--An entity desiring to receive assistance
under this subsection shall submit an application to the
Secretary in such form, at such time, and containing such
information and assurances as the Secretary may require.
(B) Contents.--Each such application shall describe how the
project described in the application--
(i) was developed with the active participation of
elementary and secondary school teachers;
(ii) will include the continuing participation of
elementary and secondary school teachers in the management of
the project;
(iii) is organized around one or more significant research
topics;
(iv) will involve collaboration with entities that have
received Federal funds for research and dissemination; and
(v) will sustain over time teacher research dissemination
networks after Federal funding for such networks terminates.
(4) Use of funds.--Funds provided under this subsection may
be used--
(A) to train elementary and secondary education teachers
(particularly new teachers) about the sources of education
research findings, including research findings available
through activities supported by the Office, and how to access
and use such findings to improve the quality of instruction;
(B) to develop simple formats, both administrative and
technological, that allow elementary and secondary education
teachers easy access to and use of education research
findings;
(C) to share strategies and materials;
(D) to support professional networks;
(E) to survey teacher needs in the areas of research and
development; and
(F) for other activities designed to support elementary and
secondary education teachers in becoming knowledgeable about,
assisting in the design of, and using, educational research.
(5) Stipends.--The Secretary may provide for the payment of
such stipends (including allowances for subsistence and other
expenses for elementary and secondary teachers), as the
Secretary determines to be appropriate, to teachers
participating in the projects authorized under this
subsection.
(6) Coordination.--Recipients of funds under this
subsection shall, to the greatest extent possible, coordinate
their activities with related activities under the Elementary
and Secondary Education Act of 1965.
(7) Report.--The Secretary shall, within 5 years of the
date of enactment of this Act, submit to the Congress a
report on the effectiveness of activities assisted under this
subsection.
(m) Office of Dissemination and Reform Assistance.--
(1) In general.--The Assistant Secretary shall establish an
Office of Dissemination and Reform Assistance, which may
include the Education Resources Information Clearinghouses,
the regional educational laboratories, the National
Clearinghouse for Science and Mathematics Resources, the
National Diffusion Network, the National Education Library,
and such other programs and activities as the Assistant
Secretary deems appropriate. The Office of Dissemination and
Reform Assistance shall be headed by a Director who shall be
appointed by the Assistant Secretary and have a demonstrated
expertise and experience in dissemination.
(2) Duties.--In carrying out its dissemination activities,
the Office of Dissemination and Reform Assistance shall--
(A) operate a depository for all Department of Education
publications and products and make available for reproduction
such publications and products;
(B) coordinate the dissemination efforts of all Office of
Educational Research and Improvement program offices, the
regional educational laboratories, the directorates assisted
under this section, the National Diffusion Network, and the
Education Resources Information Clearinghouses;
(C) disseminate relevant and useful research, information,
products, and publications developed through or supported by
the Department of Education to schools throughout the Nation;
(D) develop the capacity to connect schools and teachers
seeking information with the relevant regional educational
laboratories assisted under subsection (k), the National
Diffusion Network, the directorates assisted under this
section, and the Education Resources Information
Clearinghouses; and
(E) provide an annual report to the Secretary regarding the
types of information, products, and services that teachers,
schools, and school districts have requested and have
determined to be most useful, and describe future plans to
adapt Department of Education products and services to
address the needs of the users of such information, products,
and services.
(3) Additional activities.--In addition, the Office of
Dissemination and Reform Assistance may--
(A) use media and other educational technology to carry out
dissemination activities, including program development;
(B) establish and maintain a database on all research and
improvement efforts funded through the Department of
Education;
(C) actively encourage cooperative publishing of
significant publications;
(D) disseminate information on successful models and
educational methods which have been recommended to the Office
of Dissemination and Reform Assistance by educators,
educational organizations, nonprofit organizations,
businesses, and foundations, and disseminate such models by
including, with any such information, an identification of
the entity or entities that have recommended the program; and
(E) engage in such other dissemination activities as the
Assistant Secretary determines necessary.
(n) National Diffusion Network State Facilitators.--The
National Diffusion Network described in section 1562 of the
Elementary and Secondary Education Act of 1965 is authorized
to provide information through National Diffusion Network
State facilitators on model or demonstration projects funded
by the Department of Education. For purposes of carrying out
this subsection, information on such model projects does not
have to be approved through the program effectiveness panel,
but may be provided directly through the State facilitators.
In addition, the National Diffusion Network may disseminate
other information available through the Office of Education
Dissemination and Reform Assistance established under
subsection (m) through the National Diffusion Network.
(o) National Education Library.--
(1) Establishment.--There shall be established a National
Library of Education at the Department of Education
(hereafter in this subsection referred to as the ``Library'')
which shall--
(A) be a national resource center for teachers, scholars,
librarians, State, local, and Indian tribal education
officials, parents, and other interested individuals; and
(B) provide resources to assist in the--
(i) advancement of research on education;
(ii) dissemination and exchange of scientific and other
information important to the improvement of education at all
levels; and
(iii) improvement of educational achievement.
(2) Mission.--The mission of the Library shall be to--
(A) become a principal center for the collection,
preservation, and effective utilization of the research and
other information related to education and to the improvement
of educational achievement;
(B) strive to ensure widespread access to the Library's
facilities and materials, coverage of all education issues
and subjects, and quality control;
(C) have an expert library staff; and
(D) use modern information technology that holds the
potential to link major libraries, schools, and educational
centers across the United States into a network of national
education resources.
(3) Functions.--The Library shall--
(A) establish a policy to acquire and preserve books,
periodicals, data, prints, films, recordings, and other
library materials related to education;
(B) establish a policy to disseminate information about the
materials available in the Library;
(C) make available through loans, photographic or other
copying procedures, or otherwise, such materials in the
Library as the Secretary deems appropriate; and
(D) provide reference and research assistance.
(4) Librarian.--
(A) In general.--The Secretary shall appoint a librarian to
head the Library.
(B) Experience.--The individual appointed pursuant to
subparagraph (A) shall have extensive experience as a
librarian.
(C) Solicitation of nominations.--The Secretary shall
solicit nominations from individuals and organizations before
making the appointment described in subparagraph (A).
(D) Salary.--The librarian shall be paid at not less than
the minimum rate of pay payable for level GS-15 of the
General Schedule.
(p) Education Resources Information Clearinghouses.--The
Assistant Secretary shall establish and support Education
Resources Information Clearinghouses (includ-
[[Page 142]]
ing directly supporting dissemination services) having such
functions as the clearinghouses had on the day preceding the
date of enactment of this Act, except that--
(1) the Assistant Secretary shall establish for the
clearinghouses a coherent policy for the abstraction from,
and inclusion in, the educational resources information
clearinghouse system books, periodicals, reports, and other
materials related to education; and
(2) the clearinghouses shall collect and disseminate
information on alternative management demonstration projects
operating in public schools throughout the Nation.
(q) Authorization of Appropriations.--
(1) Directorates of educational research.--
(A) In general.--There are authorized to be appropriated
$100,000,000 for fiscal year 1995, and such sums as may be
necessary for each of the fiscal years 1996 through 1999, to
carry out subsections (c) through (h), relating to the
Directorates of Educational Research.
(B) Appropriations of $70,000,000 or less.--From the amount
made available under clause (i) in any fiscal year in which
the amount appropriated to carry out such clause is
$70,000,000 or less--
(i) at least 25 percent of such amount shall be available
to carry out subsection (d), relating to the National
Directorate on Curriculum, Instruction, and Assessment;
(ii) at least 10 percent of such amount shall be available
to carry out subsection (e), relating to the National
Directorate on the Educational Achievement of Historically
Underserved Populations;
(iii) at least 10 percent of such amount shall be available
to carry out subsection (f), relating to the National
Directorate on Early Childhood Development and Education;
(iv) at least 5 percent of such amount shall be available
to carry out subsection (g), relating to the National
Directorate on Elementary and Secondary Educational
Governance, Finance, Policymaking, and Management;
(v) at least 5 percent of such amount shall be available to
carry out subsection (h), relating to the National
Directorate on Adult Education, Literacy and Lifelong
Learning; and
(vi) not more than 10 percent of such amount shall be
available to carry out synthesis and coordination activities
described in subsection (c)(1)(C).
(C) Appropriations greater than $70,000,000.--From the
amount made available under clause (i) in any fiscal year in
which the amount appropriated to carry out such clause is
greater than $70,000,000--
(i) at least 30 percent of such amount shall be available
to carry out subsection (d), relating to the National
Directorate on Curriculum, Instruction, and Assessment;
(ii) at least 10 percent of such amount shall be available
to carry out subsection (e), relating to the National
Directorate on the Educational Achievement of Historically
Underserved Populations;
(iii) at least 10 percent of such amount shall be available
to carry out subsection (f), relating to the National
Directorate on Early Childhood Development and Education;
(iv) at least 10 percent of such amount shall be available
to carry out subsection (g), relating to the National
Directorate on Elementary and Secondary Educational
Governance, Finance, Policymaking, and Management;
(v) at least 10 percent of such amount shall be available
to carry out subsection (h), relating to the National
Directorate on Adult Education, Literacy and Lifelong
Learning; and
(vi) not more than 10 percent of such amount shall be
available to carry out synthesis and coordination activities
described in subsection (c)(1)(C).
(D) Special rule.--Not less than 95 percent of funds
appropriated pursuant to the authority of clause (i) in any
fiscal year shall be expended to carry out this section
through grants, cooperative agreements, or contracts.
(2) Regional educational laboratories.--There are
authorized to be appropriated $41,000,000 for fiscal year
1995, and such sums as may be necessary for each of the
fiscal years 1996 through 1999, to carry out subsection (k),
relating to the regional educational laboratories.
(3) Teacher research dissemination demonstration program.--
(A) In general.--There are authorized to be appropriated
$10,000,000 for fiscal year 1995, and such sums as may be
necessary for each of the fiscal years 1996 through 1999, to
carry out the provisions of subsection (l), relating to the
teacher research dissemination demonstration program.
(B) Peer review.--The Secretary may use not more than 0.2
percent of the amount appropriated pursuant to the authority
of subparagraph (A) for each fiscal year for peer review of
applications under this section.
(4) Office of dissemination and reform assistance.--There
are authorized to be appropriated $5,000,000 for fiscal year
1995, and such sums as may be necessary for each of the
fiscal years 1996 through 1999, to carry out subsections (m)
and (k)(6), relating to the Office of Education Dissemination
and Reform Assistance and additional projects for regional
educational laboratories, respectively.
(5) National diffusion network state facilitators.--There
are authorized to be appropriated $10,000,000 for the fiscal
year 1995, and such sums as may be necessary for each of
fiscal years 1996 through 1999, to carry out subsection (n),
relating to the National Diffusion Network State
Facilitators.
(6) National education library.--There are authorized to be
appropriated $10,000,000 for fiscal year 1995, and such sums
as may be necessary for each of the fiscal years 1996 through
1999, to carry out subsection (o), relating to the National
Education Library.
(7) Education resources information clearinghouses.--There
are authorized to be appropriated $10,000,000 for fiscal year
1995, and such sums as may be necessary for each of the
fiscal years 1996 through 1999, to carry out subsection (p),
relating to the Education Resources Information
Clearinghouses.
(8) Administration of funds.--When more than one Federal
agency uses funds to support a single project under this
section, the Office may act for all such agencies in
administering such funds.
(r) Existing Contracts and Grants.--
(1) Special rule.--Notwithstanding any other provision of
law, grants or contracts for the regional educational
laboratories and the centers assisted under section 405 of
the General Education Provisions Act on the day preceding the
date of enactment of this Act shall remain in effect until
the termination date of such grants or contracts, except that
the grants or contracts for such centers which terminate
before the competition for the new centers described in
subsection (c)(3)(B) is completed may be extended until the
time that the awards for such new centers are made.
(2) Funding.--The Secretary shall use amounts appropriated
pursuant to the authority of subsection (q)(1)(A) to support
the grants or contracts described in paragraph (1).
SEC. 913. SAVINGS PROVISIONS.
(a) Continuing Effect of Legal Documents.--All orders,
determinations, rules, regulations, permits, agreements,
grants, contracts, certificates, licenses, registrations,
privileges, and other administrative actions--
(1) which have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction, in
the performance of functions of the Office of Educational
Research and Improvement (as such functions existed on the
day before the date of enactment of this Act); and
(2) which are in effect at the time this title takes
effect, or were final before the effective date of this title
and are to become effective on or after the effective date of
this title,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, the Secretary or other
authorized official, a court of competent jurisdiction, or by
operation of law.
(b) Proceedings Not Affected.--The provisions of this title
shall not affect any proceedings, including notices of
proposed rulemaking, or any application for any license,
permit, certificate, or financial assistance pending before
the Office of Educational Research and Improvement at the
time this title takes effect, with respect to functions of
such Office but such proceedings and applications shall be
continued. Orders shall be issued in such proceedings,
appeals shall be taken therefrom, and payments shall be made
pursuant to such orders, as if this title had not been
enacted, and orders issued in any such proceedings shall
continue in effect until modified, terminated, superseded, or
revoked by a duly authorized official, by a court of
competent jurisdiction, or by operation of law. Nothing in
this subsection shall be deemed to prohibit the
discontinuance or modification of any such proceeding under
the same terms and conditions and to the same extent that
such proceeding could have been discontinued or modified if
this title had not been enacted.
(c) Suits Not Affected.--The provisions of this title shall
not affect suits commenced before the effective date of this
title, and in all such suits, proceedings shall be had,
appeals taken, and judgments rendered in the same manner and
with the same effect as if this title had not been enacted.
(d) Nonabatement of Actions.--No suit, action, or other
proceeding commenced by or against the Office of Educational
Research and Improvement, or by or against any individual in
the official capacity of such individual as an officer of the
Office of Educational Research and Improvement, shall abate
by reason of the enactment of this title.
(e) Administrative Actions Relating to Promulgation of
Regulations.--Any administrative action relating to the
preparation or promulgation of a regulation by the Office of
Educational Research and Improvement relating to a function
of such Office under this title may be continued by the
Office of Educational Research and Improvement with the same
effect as if this title had not been enacted.
SEC. 914. FIELD READERS.
Section 402 of the Department of Education Organization Act
(20 U.S.C. 3462) is amended--
(1) by inserting ``(a) In General.--'' before ``The
Secretary''; and
(2) by adding at the end the following new subsection:
``(b) Special Rule.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary may use not more than 1 percent of the
funds appropriated for any education program that awards such
funds on a competitive basis to
[[Page 143]]
pay the expenses and fees of non-Federal experts necessary to
review applications and proposals for such funds.
``(2) Applicability.--The provisions of paragraph (1) shall
not apply to any education program under which funds are
authorized to be appropriated to pay the fees and expenses of
non-Federal experts to review applications and proposals for
such funds.''.
PART B--EDUCATIONAL IMPROVEMENT PROGRAMS
Subpart 1--International Education Program
SEC. 921. INTERNATIONAL EDUCATION PROGRAM.
(a) Program Established.--The Secretary shall carry out an
International Education Program in accordance with this
section that shall provide for--
(1) the study of international education programs and
delivery systems; and
(2) an international education exchange program.
(b) Assessment and Information.--The Secretary shall award
grants for the study, evaluation and analysis of education
systems in other nations, particularly Great Britain, France,
Germany and Japan. Such studies shall focus upon a
comparative analysis of curriculum, methodology and
organizational structure, including the length of the school
year and school day. In addition, the studies shall provide
an analysis of successful strategies employed by other
nations to improve student achievement, with a specific focus
upon application to schooling and the National Education
Goals.
(c) International Education Exchange.--
(1) Requirement.--
(A) In general.--The Secretary shall carry out a program to
be known as the International Education Exchange Program.
Under such program the Secretary shall award grants to or
enter into contracts with organizations with demonstrated
effectiveness or expertise in international achievement
comparisons, in order to--
(i) make available to educators from eligible countries
exemplary curriculum and teacher training programs in civics
and government education and economic education developed in
the United States;
(ii) assist eligible countries in the adaptation and
implementation of such programs or joint research concerning
such programs;
(iii) create and implement educational programs for United
States students which draw upon the experiences of emerging
constitutional democracies;
(iv) provide a means for the exchange of ideas and
experiences in civics and government education and economic
education among political, educational and private sector
leaders of participating eligible countries; and
(v) provide support for--
(I) research and evaluation to determine the effects of
educational programs on students' development of the
knowledge, skills and traits of character essential for the
preservation and improvement of constitutional democracy; and
(II) effective participation in and the preservation and
improvement of an efficient market economy.
(B) Reservations.--In carrying out the program described in
subparagraph (A), the Secretary shall reserve in each fiscal
year--
(i) 50 percent of the amount available to carry out this
subsection for civics and government education activities;
and
(ii) 50 percent of such amount for economic education
activities.
(2) Contract authorized.--
(A) In general.--The Secretary is authorized to contract
with independent nonprofit educational organizations to carry
out the provisions of this subsection.
(B) Number.--The Secretary shall award at least 1 but not
more than 3 contracts described in subparagraph (A) in each
of the areas described in clauses (i) and (ii) of paragraph
(1)(B).
(C) Avoidance of duplication.--The Secretary shall award
contracts described in subparagraph (A) so as to avoid
duplication of activities in such contracts.
(D) Requirements.--Each organization with which the
Secretary enters into a contract pursuant to subparagraph (A)
shall--
(i) be experienced in--
(I) the development and national implementation of
curricular programs in civics and government education and
economic education for students from grades kindergarten
through 12 in local, intermediate, and State educational
agencies, in schools funded by the Bureau of Indian Affairs,
and in private schools throughout the Nation with the
cooperation and assistance of national professional
educational organizations, colleges and universities, and
private sector organizations;
(II) the development and implementation of cooperative
university and school based inservice training programs for
teachers of grades kindergarten through grade 12 using
scholars from such relevant disciplines as political science,
political philosophy, history, law and economics;
(III) the development of model curricular frameworks in
civics and government education and economic education;
(IV) the administration of international seminars on the
goals and objectives of civics and government education or
economic education in constitutional democracies (including
the sharing of curricular materials) for educational leaders,
teacher trainers, scholars in related disciplines, and
educational policymakers; and
(V) the evaluation of civics and government education or
economic education programs; and
(ii) have the authority to subcontract with other
organizations to carry out the provisions of this subsection.
(3) Activities.--The international education program
described in this subsection shall--
(A) provide eligible countries with--
(i) seminars on the basic principles of United States
constitutional democracy and economics, including seminars on
the major governmental and economic institutions and systems
in the United States, and visits to such institutions;
(ii) visits to school systems, institutions of higher
learning, and nonprofit organizations conducting exemplary
programs in civics and government education and economic
education in the United States;
(iii) home stays in United States communities;
(iv) translations and adaptations regarding United States
civics and government education and economic education
curricular programs for students and teachers, and in the
case of training programs for teachers translations and
adaptations into forms useful in schools in eligible
countries, and joint research projects in such areas;
(v) translation of basic documents of United States
constitutional government for use in eligible countries, such
as The Federalist Papers, selected writings of Presidents
Adams and Jefferson and the Anti-Federalists, and more recent
works on political theory, constitutional law and economics;
and
(vi) research and evaluation assistance to determine--
(I) the effects of educational programs on students'
development of the knowledge, skills and traits of character
essential for the preservation and improvement of
constitutional democracy; and
(II) effective participation in and the preservation and
improvement of an efficient market economy;
(B) provide United States participants with--
(i) seminars on the histories, economics and governments of
eligible countries;
(ii) visits to school systems, institutions of higher
learning, and organizations conducting exemplary programs in
civics and government education and economic education
located in eligible countries;
(iii) home stays in eligible countries;
(iv) assistance from educators and scholars in eligible
countries in the development of curricular materials on the
history, government and economics of such countries that are
useful in United States classrooms;
(v) opportunities to provide on-site demonstrations of
United States curricula and pedagogy for educational leaders
in eligible countries; and
(vi) research and evaluation assistance to determine--
(I) the effects of educational programs on students'
development of the knowledge, skills and traits of character
essential for the preservation and improvement of
constitutional democracy; and
(II) effective participation in and improvement of an
efficient market economy; and
(C) assist participants from eligible countries and the
United States in participating in international conferences
on civics and government education and economic education for
educational leaders, teacher trainers, scholars in related
disciplines, and educational policymakers.
(4) Printer materials and programs.--All printed materials
and programs provided to foreign nations under this
subsection shall bear the logo and text used by the Marshall
Plan after World War II, that is, clasped hands with the
inscription ``A gift from the American people to the people
of (insert name of country)''.
(5) Participants.--The primary participants in the
international education program assisted under this
subsection shall be leading educators in the areas of civics
and government education and economic education, including
curriculum and teacher training specialists, scholars in
relevant disciplines, and educational policymakers, from the
United States and eligible countries.
(6) Personnel and technical experts.--The Secretary is
authorized to provide Department of Education personnel and
technical experts to assist eligible countries establish and
implement a database or other effective methods to improve
educational delivery systems, structure and organization.
(7) Definitions.--For the purpose of this subsection the
term ``eligible country'' means a Central European country,
an Eastern European country, Lithuania, Latvia, Estonia,
Georgia, the Commonwealth of Independent States, and any
country that formerly was a republic of the Soviet Union
whose political independence is recognized in the United
States.
(d) Authorization of Appropriations.--
(1) Assessment and information.--There are authorized to be
appropriated $1,000,000 for fiscal year 1995, and such sums
as may be necessary for each of the fiscal years 1996 through
1999, to carry out subsection (b).
(2) International education exchange.--There are authorized
to be appropriated $10,000,000 for fiscal year 1995, and such
sums as may be necessary for each of the fiscal years 1996
through 1999, to carry out subsection (c).
[[Page 144]]
Subpart 2--Amendments to the Carl D. Perkins Vocational and Applied
Technology Education Act
SEC. 931. NATIONAL OCCUPATIONAL INFORMATION COORDINATING
COMMITTEE.
Section 422 of the Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2422) is amended--
(1) in paragraph (2) of subsection (a), by inserting
``(including postsecondary employment and training
programs)'' after ``training programs''; and
(2) in subsection (b)--
(A) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively;
(B) in the matter preceding paragraph (1) (as redesignated
in subparagraph (A)), by inserting ``the State board or
agency governing higher education,'' after ``coordinating
council,''; and
(C) in paragraph (1) (as redesignated in subparagraph
(A))--
(i) by striking ``Act and of'' and inserting ``Act, of'';
and
(ii) by inserting ``and of the State board or agency
governing higher education'' after ``Job Training Partnership
Act'';
(3) by redesignating subsection (d) as subsection (e); and
(4) by inserting after subsection (c) the following new
subsection:
``(d) Data Collection System.--In the development and
design of a system to provide data on graduation or
completion rates, job placement rates from occupationally
specific programs, licensing rates, and awards of high school
graduate equivalency diplomas (GED), each State board for
higher education shall develop a data collection system the
results of which can be integrated into the occupational
information system developed under this section.''.
Subpart 3--Elementary Mathematics and Science Equipment Program
SEC. 941. SHORT TITLE.
This subpart may be cited as the ``Elementary Mathematics
and Science Equipment Act''.
SEC. 942. STATEMENT OF PURPOSE.
It is the purpose of this subpart to raise the quality of
instruction in mathematics and science in the Nation's
elementary schools by providing equipment and materials
necessary for hands-on instruction through assistance to
State and local educational agencies.
SEC. 943. PROGRAM AUTHORIZED.
The Secretary is authorized to make allotments to State
educational agencies under section 944 to enable such
agencies to award grants to local educational agencies for
the purpose of providing equipment and materials to
elementary schools to improve mathematics and science
education in such schools.
SEC. 944. ALLOTMENTS OF FUNDS.
(a) In General.--From the amount appropriated under section
950 for any fiscal year, the Secretary shall reserve--
(1) not more than one-half of 1 percent for allotment among
Guam, American Samoa, the Virgin Islands, the Northern
Mariana Islands, the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of Palau
according to their respective needs for assistance under this
subpart; and
(2) one-half of 1 percent for programs for Indian students
served by schools funded by the Secretary of the Interior
which are consistent with the purposes of this subpart.
(b) Allotment.--The remainder of the amount so appropriated
(after meeting requirements in subsection (a)) shall be
allotted among State educational agencies so that--
(1) one-half of such remainder shall be distributed by
allotting to each State educational agency an amount which
bears the same ratio to such one-half of such remainder as
the number of children aged 5 to 17, inclusive, in the State
bears to the number of such children in all States; and
(2) one-half of such remainder shall be distributed
according to each State's share of allocations under chapter
1 of title I of the Elementary and Secondary Education Act of
1965,
except that no State educational agency shall receive less
than one-half of 1 percent of the amount available under this
subsection in any fiscal year or less than the amount
allotted to such State for fiscal year 1988 under title II of
the Education for Economic Security Act.
(c) Reallotment of Unused Funds.--The amount of any State
educational agency's allotment under subsection (b) for any
fiscal year to carry out this subpart which the Secretary
determines will not be required for that fiscal year to carry
out this subpart shall be available for reallotment from time
to time, on such dates during that year as the Secretary may
determine, to other State educational agencies in proportion
to the original allotments to those State educational
agencies under subsection (b) for that year but with such
proportionate amount for any of those other State educational
agencies being reduced to the extent it exceeds the sum the
Secretary estimates that the State educational agency needs
and will be able to use for that year, and the total of those
reductions shall be similarly reallotted among the State
educational agencies whose proportionate amounts were not so
reduced. Any amounts reallotted to a State educational agency
under this subsection during a year shall be deemed a subpart
of the State educational agency's allotment under subsection
(b) for that year.
(d) Definition.--For the purposes of this subpart the term
``State'' means each of the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico.
(e) Data.--The number of children aged 5 to 11, inclusive,
in the State and in all States shall be determined by the
Secretary on the basis of the most recent satisfactory data
available to the Secretary.
SEC. 945. STATE APPLICATION.
(a) Application.--Each State educational agency desiring to
receive an allotment under this subpart shall file an
application with the Secretary which covers a period of 5
fiscal years. Such application shall be filed at such time,
in such manner, and containing or accompanied by such
information as the Secretary may reasonably require.
(b) Contents of Application.--Each application described in
subsection (a) shall--
(1) provide assurances that--
(A) the State educational agency shall use the allotment
provided under this subpart to award grants to local
educational agencies within the State to enable such local
educational agencies to provide assistance to schools served
by such agency to carry out the purpose of this subpart;
(B) the State educational agency will provide such fiscal
control and funds accounting as the Secretary may require;
(C) every public elementary school in the State is eligible
to receive assistance under this subpart once over the 5-year
duration of the program assisted under this subpart;
(D) funds provided under this subpart will supplement, not
supplant, State and local funds made available for activities
authorized under this subpart;
(E) during the 5-year period described in the application,
the State educational agency will evaluate its standards and
programs for teacher preparation and inservice professional
development for elementary mathematics and science;
(F) the State educational agency will take into account the
needs for greater access to and participation in mathematics
and science by students and teachers from historically
underrepresented groups, including females, minorities,
individuals with limited-English proficiency, the
economically disadvantaged, and individuals with
disabilities; and
(G) that the needs of teachers and students in areas with
high concentrations of low-income students and sparsely
populated areas will be given priority in awarding assistance
under this subpart;
(2) provide, if appropriate, a description of how funds
paid under this subpart will be coordinated with State and
local funds and other Federal resources, particularly with
respect to programs for the professional development and
inservice training of elementary school teachers in science
and mathematics; and
(3) describe procedures--
(A) for submitting applications for programs described in
sections 236 and 237 for distribution of assistance under
this subpart within the State; and
(B) for approval of applications by the State educational
agency, including appropriate procedures to assure that such
agency will not disapprove an application without notice and
opportunity for a hearing.
(c) State Administration.--Not more than 5 percent of the
funds allotted to each State educational agency under this
subpart shall be used for the administrative costs of such
agency associated with carrying out the program assisted
under this subpart.
SEC. 946. LOCAL APPLICATION.
(a) Application.--A local educational agency that desires
to receive a grant under this subpart shall submit an
application to the State educational agency. Each such
application shall contain assurances that each school served
by the local educational agency shall be eligible for
assistance under this subpart only once.
(b) Contents of Application.--Each application described in
subsection (a) shall--
(1) describe how the local educational agency plans to set
priorities on the use and distribution among schools of grant
funds received under this subpart to meet the purpose of this
subpart;
(2) include assurances that the local educational agency
has made every effort to match on a dollar-for-dollar basis
from private or public sources the funds received under this
subpart, except that no such application shall be penalized
or denied assistance under this subpart based on failure to
provide such matching funds;
(3) describe, if applicable, how funds under this subpart
will be coordinated with State, local, and other Federal
resources, especially with respect to programs for the
professional development and inservice training of elementary
school teachers in science and mathematics; and
(4) describe the process which will be used to determine
different levels of assistance to be awarded to schools with
different needs.
(c) Priority.--In awarding grants under this subpart, the
State educational agency shall give priority to applications
that--
(1) assign highest priority to providing assistance to
schools which--
(A) are most seriously underequipped; or
(B) serve large numbers or percentages of economically
disadvantaged students;
(2) are attentive to the needs of underrepresented groups
in science and mathematics;
(3) demonstrate how science and mathematics equipment will
be part of a comprehensive plan of curriculum planning or
implementation and teacher training supporting hands-on
laboratory activities; and
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(4) assign priority to providing equipment and materials
for students in grades 1 through 6.
SEC. 947. PARTICIPATION OF PRIVATE SCHOOLS.
(a) Participation of Private Schools.--To the extent
consistent with the number of children in the State or in the
school district of each local educational agency who are
enrolled in private nonprofit elementary schools, such State
educational agency shall, after consultation with appropriate
private school representatives, make provision for including
services and arrangements for the benefit of such children as
will assure the equitable participation of such children in
the purposes and benefits of this subpart.
(b) Waiver.--If by reason of any provision of State law a
local educational agency is prohibited from providing for the
participation of children or teachers from private nonprofit
schools as required by subsection (a), or if the Secretary
determines that a State or local educational agency has
substantially failed or is unwilling to provide for such
participation on an equitable basis, the Secretary shall
waive such requirements and shall arrange for the provision
of services to such children or teachers subject to the
requirement of this section. Such waivers shall be subject to
consultation, withholding, notice, and judicial review
requirements described in section 1017 of the Elementary and
Secondary Education Act of 1965.
SEC. 948. PROGRAM REQUIREMENTS.
(a) Coordination.--Each State educational agency receiving
an allotment under this subpart shall--
(1) disseminate information to school districts and
schools, including private nonprofit elementary schools,
regarding the program assisted under this subpart;
(2) evaluate applications of local educational agencies;
(3) award grants to local educational agencies based on the
priorities described in section 946(c); and
(4) evaluate local educational agencies' end-of-year
summaries and submit such evaluation to the Secretary.
(b) Limitations on Use of Funds.--
(1) In general.--Except as provided in paragraph (2), grant
funds and matching funds under this subpart only shall be
used to purchase science equipment, science materials, or
mathematical manipulative materials and shall not be used for
computers, computer peripherals, software, textbooks, or
staff development costs.
(2) Capital improvements.--Grant funds under this subpart
may not be used for capital improvements. Not more than 50
percent of any matching funds provided by the local
educational agency may be used for capital improvements of
classroom science facilities to support the hands-on
instruction that this subpart is intended to support, such as
the installation of electrical outlets, plumbing, lab tables
or counters, or ventilation mechanisms.
SEC. 949. FEDERAL ADMINISTRATION.
(a) Technical Assistance and Evaluation Procedures.--The
Secretary shall provide technical assistance and, in
consultation with State and local representatives of the
program assisted under this subpart, shall develop procedures
for State and local evaluations of the programs assisted
under this subpart.
(b) Report.--The Secretary shall report to the Congress
each year on the program assisted under this subpart.
SEC. 950. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $10,000,000 for
fiscal year 1995, and such sums as may be necessary for each
of the fiscal years 1996 through 1999, to carry out this
subpart.
Subpart 4--Media Instruction
SEC. 951. MEDIA INSTRUCTION.
(a) Grants Authorized.--The Secretary shall enter into a
contract with an independent nonprofit organization described
in subsection (b) for the establishment of a national
multimedia television-based project directed to homes,
schools and after-school programs that is designed to
motivate and improve the reading comprehension and writing
coherence of elementary school-age children.
(b) Demonstrated Effectiveness.--The Secretary shall award
the contract described in subsection (a) to an independent
nonprofit organization that has demonstrated effectiveness in
educational programming and development on a nationwide
basis.
(c) Authorization and Appropriations.--There are authorized
to be appropriated $5,000,000 for fiscal year 1995, and such
sums as may be necessary for fiscal year 1996 and fiscal year
1997, to carry out this section.
Subpart 5--Star Schools
SEC. 961. STAR SCHOOLS.
Subsection (a) of section 908 of the Star Schools
Assistance Act (20 U.S.C. 4085b(a)) is amended by striking
``greater'' and inserting ``lesser''.
Subpart 6--Office of Comprehensive School Health Education
SEC. 971. OFFICE OF COMPREHENSIVE SCHOOL HEALTH EDUCATION.
(a) In General.--Subsection (c) of section 4605 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
3155(c)) is amended--
(1) in the matter preceding paragraph (1), by striking
``Office of the Secretary'' and inserting ``Office of
Elementary and Secondary Education''; and
(2) by adding at the end the following new paragraph:
``(4) To act as a liaison office for the coordination of
the activities undertaken by the Office under this section
with related activities of the Department of Health and Human
Services and to expand school health education research grant
programs under this section.''.
(b) Transition.--The Secretary shall take all appropriate
actions to facilitate the transfer of the Office of
Comprehensive School Health Education pursuant to the
amendment made by subsection (a).
Subpart 7--Minority-Focused Civics Education
SEC. 981. SHORT TITLE.
This subpart may be cited as the ``Minority-Focused Civics
Education Act of 1994''.
SEC. 982. PURPOSES.
It is the purpose of this subpart--
(1) to encourage improved instruction for minorities and
Native Americans in American government and civics through a
national program of accredited summer teacher training and
staff development seminars or institutes followed by academic
year inservice training programs conducted on college and
university campuses or other appropriate sites, for--
(A) social studies and other teachers responsible for
American history, government, and civics classes; and
(B) other educators who work with minority and Native
American youth; and
(2) through such improved instruction to improve minority
and Native American student knowledge and understanding of
the American system of government.
SEC. 983. GRANTS AUTHORIZED; AUTHORIZATION OF APPROPRIATIONS.
(a) Grants Authorized.--
(1) In general.--The Secretary is authorized to make grants
to eligible entities for the development and implementation
of seminars in American government and civics for elementary
and secondary school teachers and other educators who work
with minority and Native American students.
(2) Award rule.-- In awarding grants under this subpart,
the Secretary shall ensure that there is wide geographic
distribution of such grants.
(b) Authorization of Appropriations.--There are authorized
to be appropriated $5,000,000 for fiscal 1995, and such sums
as may be necessary for each of the fiscal years 1996, 1997,
and 1998, to carry out this subpart.
SEC. 984. DEFINITIONS.
For purposes of this subpart--
(1) the term ``eligible entity'' means a State educational
agency, an institution of higher education or a State higher
education agency, or a public or private nonprofit
organization, with experience in coordinating or conducting
teacher training seminars in American government and civics
education, or a consortium thereof; and
(2) the term ``State higher education agency'' means the
officer or agency primarily responsible for the State
supervision of higher education.
SEC. 985. APPLICATIONS.
(a) Application Required.--Each eligible entity desiring a
grant under this subpart shall submit an application to the
Secretary, at such time, in such manner and containing or
accompanied by such information as the Secretary may
reasonably require.
(b) Contents of Application.--Each application submitted
pursuant to subsection (a) shall--
(1) define the learning objectives and course content of
each seminar to be held and describe the manner in which
seminar participants shall receive substantive academic
instruction in the principles, institutions and processes of
American government;
(2) provide assurances that educators successfully
participating in each seminar will qualify for either
graduate credit or professional development or advancement
credit according to the criteria established by a State or
local educational agency;
(3) describe the manner in which seminar participants shall
receive exposure to a broad array of individuals who are
actively involved in the political process, including
political party representatives drawn equally from the major
political parties, as well as representatives of other
organizations involved in the political process;
(4) provide assurances that the seminars will be conducted
on a nonpartisan basis;
(5) describe the manner in which the seminars will address
the role of minorities or Native Americans in the American
political process, including such topics as--
(A) the history and current political state of minorities
or Native Americans;
(B) recent research on minority or Native American
political socialization patterns and cognitive learning
styles; and
(C) studies of political participation patterns of
minorities or Native Americans;
(6) describe the pedagogical elements for teachers that
will enable teachers to develop effective strategies and
lesson plans for teaching minorities or Native American
students at the elementary and secondary school levels;
(7) identify the eligible entities which will conduct the
seminars for which assistance is sought;
(8) in the case that the eligible entity is an institution
of higher education, describe the plans for collaborating
with national organizations in American government and civics
education;
(9) provide assurances that during the academic year
educators participating in the summer seminars will provide
inservice training programs based upon what such
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educators have learned and the curricular materials such
educators have developed or acquired for their peers in their
school systems with the approval and support of their school
administrators; and
(10) describe the activities or services for which
assistance is sought, including activities and services such
as--
(A) development of seminar curricula;
(B) development and distribution of instructional
materials;
(C) scholarships for participating teachers; and
(D) program assessment and evaluation.
(c) Priority.--The Secretary, in approving applications for
assistance under this subpart, shall give priority to
applications which demonstrate that--
(1) the applicant will serve teachers who teach in schools
with a large number or concentration of economically
disadvantaged students;
(2) the applicant has demonstrated national experience in
conducting or coordinating accredited summer seminars in
American government or civics education for elementary and
secondary school teachers;
(3) the applicant will coordinate or conduct seminars on a
national or multistate basis through a collaboration with an
institution of higher education, State higher education
agency or a public or private nonprofit organization, with
experience in coordinating or conducting teacher training
programs in American government and civics education;
(4) the applicant will coordinate or conduct seminars
designed for more than one minority student population and
for Native Americans; and
(5) the applicant will coordinate or conduct seminars that
offer a combination of academic instruction in American
government, exposure to the practical workings of the
political system, and training in appropriate pedagogical
techniques for working with minority and Native American
students.
PART C--DEFINITIONS
SEC. 991. DEFINITIONS.
For the purpose of this title--
(1) the term ``elementary school'' has the same meaning
given to such term by section 1471(8) of the Elementary and
Secondary Education Act of 1965;
(2) the term ``institution of higher education'' has the
same meaning given to such term by section 1201(a) of the
Higher Education Act of 1965;
(3) the term ``local educational agency'' has the same
meaning given to such term by section 1471(12) of the
Elementary and Secondary Education Act of 1965;
(4) the term ``secondary school'' has the same meaning
given to such term by section 1471(21) of the Elementary and
Secondary Education Act of 1965;
(5) the term ``Secretary'' means the Secretary of
Education; and
(6) the term ``State educational agency'' has the same
meaning given such term by section 1471(23) of the Elementary
and Secondary Education Act of 1965.
TITLE X--PARENTS AS TEACHERS
SEC. 1001. FINDINGS.
The Congress finds that--
(1) increased parental involvement in the education of
their children appears to be the key to long-term gains for
youngsters;
(2) providing seed money is an appropriate role for the
Federal Government to play in education;
(3) children participating in the parents as teachers
program in Missouri are found to have increased cognitive or
intellectual skills, language ability, social skills and
other predictors of school success;
(4) most early childhood programs begin at age 3 or 4 when
remediation may already be necessary; and
(5) many children receive no health screening between birth
and the time they enter school, thus such children miss the
opportunity of having developmental delays detected early.
SEC. 1002. STATEMENT OF PURPOSE.
It is the purpose of this title to encourage States and
eligible entities to develop and expand parent and early
childhood education programs in an effort to--
(1) increase parents' knowledge of and confidence in child-
rearing activities, such as teaching and nurturing their
young children;
(2) strengthen partnerships between parents and schools;
and
(3) enhance the developmental progress of participating
children.
SEC. 1003. DEFINITIONS.
For the purposes of this title--
(1) the term ``developmental screening'' means the process
of measuring the progress of children to determine if there
are problems or potential problems or advanced abilities in
the areas of understanding and use of language, perception
through sight, perception through hearing, motor development
and hand-eye coordination, health, and physical development;
(2) the term ``eligible entity'' means an entity in a State
operating a parents as teachers program;
(3) the term ``eligible family'' means any parent with one
or more children between birth and 3 years of age;
(4) the term ``lead agency'' means--
(A) except as provided in subparagraph (B), the office,
agency, or other entity in a State designated by the Governor
to administer the parents as teachers program authorized by
this title; or
(B) in the case of a grant awarded under this title to an
eligible entity, such eligible entity;
(5) the term ``parent education'' includes parent support
activities, the provision of resource materials on child
development and parent-child learning activities, private and
group educational guidance, individual and group learning
experiences for the parent and child, and other activities
that enable the parent to improve learning in the home; and
(6) the term ``parent educator'' means a person hired by
the lead agency of a State or designated by local entities
who administers group meetings, home visits and developmental
screening for eligible families.
SEC. 1004. PROGRAM ESTABLISHED.
(a) Authority.--
(1) In general.--The Secretary is authorized to make grants
in order to pay the Federal share of the cost of
establishing, expanding, or operating parents as teachers
programs in a State.
(2) Eligible recipients.--The Secretary may make a grant
under paragraph (1) to a State, except that, in the case of a
State having an eligible entity, the Secretary shall make the
grant directly to the eligible entity.
(b) Funding Rule.--Grant funds awarded under this section
shall be used so as to supplement, and to the extent
practicable, increase the level of funds that would, in the
absence of such funds, be made available from non-Federal
sources, and in no case may such funds be used so as to
supplant funds from non-Federal sources.
SEC. 1005. PROGRAM REQUIREMENTS.
(a) Requirements.--Each State or eligible entity receiving
a grant pursuant to section 1004 shall conduct a parents as
teachers program which--
(1) establishes and operates parent education programs,
including programs of developmental screening of children;
and
(2) designates a lead State agency which--
(A) shall hire parent educators who have had supervised
experience in the care and education of children;
(B) shall establish the number of group meetings and home
visits required to be provided each year for each
participating family, with a minimum of 2 group meetings and
10 home visits for each participating family;
(C) shall be responsible for administering the periodic
screening of participating children's educational, hearing
and visual development, using the Denver Developmental Test,
Zimmerman Preschool Language Scale, or other approved
screening instruments; and
(D) shall develop recruitment and retention programs for
hard-to-reach populations.
(b) Limitation.--Grant funds awarded under this title shall
only be used for parents as teachers programs which serve
families during the period beginning with the birth of a
child and ending when the child attains the age of 3.
SEC. 1006. SPECIAL RULES.
Notwithstanding any other provision of this section--
(1) no person, including home school parents, public school
parents, or private school parents, shall be required to
participate in any program of parent education or
developmental screening pursuant to the provisions of this
title;
(2) no parents as teachers program assisted under this
title shall take any action that infringes in any manner on
the right of parents to direct the education of their
children; and
(3) the provisions of section 438(c) of the General
Education Provisions Act shall apply to States and eligible
entities awarded grants under this title.
SEC. 1007. PARENTS AS TEACHERS CENTERS.
The Secretary shall establish one or more Parents As
Teachers Centers to disseminate information to, and provide
technical and training assistance to, States and eligible
entities establishing and operating parents as teachers
programs.
SEC. 1008. EVALUATIONS.
The Secretary shall complete an evaluation of the parents
as teachers programs assisted under this title within 4 years
from the date of enactment of this Act, including an
assessment of such programs' impact on at-risk children.
SEC. 1009. APPLICATION.
Each State or eligible entity desiring a grant under this
title shall submit an application to the Secretary at such
time, in such manner and accompanied by such information as
the Secretary may reasonably require. Each such application
shall describe the activities and services for which
assistance is sought.
SEC. 1010. PAYMENTS AND FEDERAL SHARE.
(a) Payments.--The Secretary shall pay to each State or
eligible entity having an application approved under section
1009 the Federal share of the cost of the activities
described in the application.
(b) Federal Share.--
(1) In general.--The Federal share--
(A) for the first year for which a State or eligible entity
receives assistance under this title shall be 100 percent;
(B) for the second such year shall be 100 percent;
(C) for the third such year shall be 75 percent;
(D) for the fourth such year shall be 50 percent; and
(E) for the fifth such year shall be 25 percent.
(2) Non-federal share.--The non-Federal share of payments
under this title may be in cash or in kind, fairly evaluated,
including planned equipment or services.
[[Page 147]]
SEC. 1011. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $20,000,000 for
fiscal year 1993, and such sums as may be necessary for each
of the fiscal years 1994 through 1997, to carry out this
title.
SEC. 1012. HOME INSTRUCTION PROGRAM FOR PRESCHOOL YOUNGSTERS.
Subsection (b) of section 1052 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 2742(b)) is
amended by adding at the end the following new paragraph:
``(4)(A)(i) In any fiscal year in which this subsection
applies, each State that receives a grant under this part may
use not more than 20 percent of such grant funds in
accordance with this part (other than sections 1054(a),
1054(b), and 1055) to pay the Federal share of the cost of
establishing, operating, or expanding a Home Instruction
Program for Preschool Youngsters that is not eligible to
receive assistance under this part due to the application of
such sections.
``(ii) Each State establishing, operating or expanding a
Home Instruction Program for Preschool Youngsters pursuant to
clause (i) shall give priority to establishing, operating or
expanding, respectively, such a program that targets--
``(I) working poor families or near poor families that do
not qualify for assistance under the early childhood programs
under the Head Start Act or this chapter; and
``(II) parents who have limited or unsuccessful formal
schooling.
``(B) For the purpose of carrying out subparagraph (A), a
Home Instruction Program for Preschool Youngsters that is not
eligible to receive assistance under this part due to the
application of sections 1054(a), 1054(b), and 1055 shall be
deemed to be an eligible entity.
``(C) For the purpose of this paragraph--
``(i) the term `Home Instruction Program for Preschool
Youngsters' means a voluntary early-learning program, for
parents with one or more children between age 3 through 5,
inclusive, that--
``(I) provides support, training, and appropriate
educational materials, necessary for parents to implement a
school-readiness, home instruction program for the child; and
``(II) includes--
``(aa) group meetings with other parents participating in
the program;
``(bb) individual and group learning experiences with the
parent and child;
``(cc) provision of resource materials on child development
and parent-child learning activities; and
``(dd) other activities that enable the parent to improve
learning in the home;
``(ii) the term `limited or unsuccessful formal schooling'
means the--
``(I) completion of secondary school with low achievement
during enrollment;
``(II) noncompletion of secondary school with low
achievement during enrollment; or
``(III) lack of a certificate of graduation from a school
providing secondary education or the recognized equivalent of
such certificate;
``(iii) the term `near poor families' means families that
have an income that is approximately 130 percent of the
poverty line (as defined by the Office of Management and
Budget, and revised annually in accordance with section
673(2) of the Community Services Block Grant Act; and
``(iv) the term `working poor families' means families
that--
``(I) have family members--
``(aa) who are working; or
``(bb) who were looking for work during the 6 months prior
to the date on which the determination is made; and
``(II) earn an income not in excess of 150 percent of the
poverty line as described in clause (iii).''.
TITLE XI--GUN-FREE SCHOOLS
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Gun-Free Schools Act of
1994''.
SEC. 1102. GUN-FREE REQUIREMENTS IN ELEMENTARY AND SECONDARY
SCHOOLS.
The Elementary and Secondary Education Act of 1965 (20
U.S.C. 2701 et seq.) is amended--
(1) by redesignating title X as title IX;
(2) by redesignating sections 8001 through 8005 as sections
9001 through 9005, respectively; and
(3) by inserting after title VII the following new title:
``TITLE VIII--GUN-FREE SCHOOLS
``SEC. 8001. GUN-FREE REQUIREMENTS.
``(a) Requirements.--
``(1) In general.--No assistance may be provided to any
local educational agency under this Act unless such agency
has in effect a policy requiring the expulsion from school
for a period of not less than one year of any student who is
determined to have brought a weapon to a school under the
jurisdiction of the agency except such policy may allow the
chief administering officer of the agency to modify such
expulsion requirement for a student on a case-by-case basis.
``(2) Definition.--For the purpose of this section, the
term ``weapon'' means a firearm as such term is defined in
section 921 of title 18, United States Code.
``(b) Report to State.--Each local educational agency
requesting assistance from the State educational agency that
is to be provided from funds made available to the State
under this Act shall provide to the State, in the application
requesting such assistance--
``(1) an assurance that such local educational agency has
in effect the policy required by subsection (a); and
``(2) a description of the circumstances surrounding any
expulsions imposed under the policy required by subsection
(a), including--
``(A) the name of the school concerned;
``(B) the number of students expelled from such school; and
``(C) the types of weapons concerned.''.
TITLE XII--ENVIRONMENTAL TOBACCO SMOKE
SEC. 1201. SHORT TITLE.
This title may be cited as the ``Preventing Our Kids From
Inhaling Deadly Smoke (PRO-KIDS) Act of 1994''.
SEC. 1202. FINDINGS.
Congress finds that--
(1) environmental tobacco smoke comes from secondhand smoke
exhaled by smokers and sidestream smoke emitted from the
burning of cigarettes, cigars, and pipes;
(2) since citizens of the United States spend up to 90
percent of each day indoors, there is a significant potential
for exposure to environmental tobacco smoke from indoor air;
(3) exposure to environmental tobacco smoke occurs in
schools, public buildings, and other indoor facilities;
(4) recent scientific studies have concluded that exposure
to environmental tobacco smoke is a cause of lung cancer in
healthy nonsmokers and is responsible for acute and chronic
respiratory problems and other health impacts in sensitive
populations (including children);
(5) the health risks posed by environmental tobacco smoke
exceed the risks posed by many environmental pollutants
regulated by the Environmental Protection Agency; and
(6) according to information released by the Environmental
Protection Agency, environmental tobacco smoke results in a
loss to the economy of over $3,000,000,000 per year.
SEC. 1203. DEFINITIONS.
As used in this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Children.--The term ``children'' means individuals who
have not attained the age of 18.
(3) Children's services.--The term ``children's services''
means services that are--
(A)(i) direct health services routinely provided to
children; or
(ii) any other direct services routinely provided primarily
to children, including educational services; and
(B) funded, directly or indirectly, in whole or in part, by
Federal funds (including in-kind assistance).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 1204. NONSMOKING POLICY FOR CHILDREN'S SERVICES.
(a) Issuance of Guidelines.--Not later than 180 days after
the date of enactment of this Act, the Administrator shall
issue guidelines for instituting and enforcing a nonsmoking
policy at each indoor facility where children's services are
provided.
(b) Contents of Guidelines.--A nonsmoking policy that meets
the requirements of the guidelines shall, at a minimum,
prohibit smoking in each portion of an indoor facility where
children's services are provided that is not ventilated
separately (as defined by the Administrator) from other
portions of the facility.
SEC. 1205. TECHNICAL ASSISTANCE.
(a) In General.--The Administrator and the Secretary shall
provide technical assistance to persons who provide
children's services and other persons who request technical
assistance.
(b) Assistance by the Administrator.--The technical
assistance provided by the Administrator under this section
shall include information to assist persons in compliance
with the requirements of this title.
(c) Assistance by the Secretary.--The technical assistance
provided by the Secretary under this section shall include
information for employees on smoking cessation programs and
on smoking and health issues.
SEC. 1206. FEDERALLY FUNDED PROGRAMS.
(a) In General.--Notwithstanding any other provision of
law, each person who provides children's services shall
establish and make a good-faith effort to enforce a
nonsmoking policy that meets or exceeds the requirements of
subsection (b).
(b) Nonsmoking Policy.--
(1) General requirements.--A nonsmoking policy meets the
requirements of this subsection if the policy--
(A) is consistent with the guidelines issued under section
1204(a);
(B) prohibits smoking in each portion of an indoor facility
used in connection with the provision of services directly to
children; and
(C) where appropriate, requires that signs stating that
smoking is not permitted be posted in each indoor facility to
communicate the policy.
(2) Permissible features.--A nonsmoking policy that meets
the requirements of this subsection may allow smoking in
those portions of the facility--
(A) in which services are not normally provided directly to
children; and
(B) that are ventilated separately from those portions of
the facility in which services are normally provided directly
to children.
(c) Waiver.--
(1) In general.--A person described in subsection (a) may
publicly petition the head of the Federal agency from which
the person receives Federal funds (including financial
assistance) for a waiver from any or all of the requirements
of subsection (b).
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(2) Conditions for granting a waiver.--Except as provided
in paragraph (3), the head of the Federal agency may grant a
waiver only--
(A) after consulting with the Administrator, and receiving
the concurrence of the Administrator;
(B) after giving an opportunity for public hearing (at the
main office of the Federal agency or at any regional office
of the agency) and comment; and
(C) if the person requesting the waiver provides assurances
that are satisfactory to the head of the Federal agency (with
the concurrence of the Administrator) that--
(i) unusual extenuating circumstances prevent the person
from establishing or enforcing the nonsmoking policy (or a
requirement under the policy) referred to in subsection (b)
(including a case in which the person shares space in an
indoor facility with another entity and cannot obtain an
agreement with the other entity to abide by the nonsmoking
policy requirement) and the person will establish and make a
good-faith effort to enforce an alternative nonsmoking policy
(or alternative requirement under the policy) that will
protect children from exposure to environmental tobacco smoke
to the maximum extent possible; or
(ii) the person requesting the waiver will establish and
make a good-faith effort to enforce an alternative nonsmoking
policy (or alternative requirement under the policy) that
will protect children from exposure to environmental tobacco
smoke to the same degree as the policy (or requirement) under
subsection (b).
(3) Special waiver.--
(A) In general.--On receipt of an application, the head of
the Federal agency may grant a special waiver to a person
described in subsection (a) who employs individuals who are
members of a labor organization and provide children's
services pursuant to a collective bargaining agreement that--
(i) took effect before the date of enactment of this Act;
and
(ii) includes provisions relating to smoking privileges
that are in violation of the requirements of this section.
(B) Termination of waiver.--A special waiver granted under
this paragraph shall terminate on the earlier of--
(i) the first expiration date (after the date of enactment
of this Act) of the collective bargaining agreement
containing the provisions relating to smoking privileges; or
(ii) the date that is 1 year after the date specified in
subsection (f).
(d) Civil Penalties.--
(1) In general.--Any person subject to the requirements of
this section who fails to comply with the requirements shall
be liable to the United States for a civil penalty in an
amount not to exceed $1,000 for each violation, but in no
case shall the amount be in excess of the amount of Federal
funds received by the person for the fiscal year in which the
violation occurred for the provision of children's services.
Each day a violation continues shall constitute a separate
violation.
(2) Assessment.--A civil penalty for a violation of this
section shall be assessed by the head of the Federal agency
that provided Federal funds (including financial assistance)
to the person (or if the head of the Federal agency does not
have the authority to issue an order, the appropriate
official) by an order made on the record after opportunity
for a hearing in accordance with section 554 of title 5,
United States Code. Before issuing the order, the head of the
Federal agency (or the appropriate official) shall--
(A) give written notice to the person to be assessed a
civil penalty under the order of the proposal to issue the
order; and
(B) provide the person an opportunity to request, not later
than 15 days after the date of receipt of the notice, a
hearing on the order.
(3) Amount of civil penalty.--In determining the amount of
a civil penalty under this subsection, the head of the
Federal agency (or the appropriate official) shall take into
account--
(A) the nature, circumstances, extent, and gravity of the
violation;
(B) with respect to the violator, the ability to pay, the
effect of the penalty on the ability to continue operation,
any prior history of the same kind of violation, the degree
of culpability, and a demonstration of willingness to comply
with the requirements of this title; and
(C) such other matters as justice may require.
(4) Modification.--The head of the Federal agency (or the
appropriate official) may compromise, modify, or remit, with
or without conditions, any civil penalty that may be imposed
under this subsection. The amount of the penalty as finally
determined or agreed upon in compromise may be deducted from
any sums that the United States owes to the person against
whom the penalty is assessed.
(5) Petition for review.--A person who has requested a
hearing concerning the assessment of a penalty pursuant to
paragraph (2) and is aggrieved by an order assessing a civil
penalty may file a petition for judicial review of the order
with the United States Court of Appeals for the District of
Columbia Circuit or for any other circuit in which the person
resides or transacts business. The petition may only be filed
during the 30-day period beginning on the date of issuance of
the order making the assessment.
(6) Failure to pay.--If a person fails to pay an assessment
of a civil penalty--
(A) after the order making the assessment has become a
final order and without filing a petition for judicial review
in accordance with paragraph (5); or
(B) after a court has entered a final judgment in favor of
the head of the Federal agency (or appropriate official),
the Attorney General shall recover the amount assessed (plus
interest at then currently prevailing rates from the last day
of the 30-day period referred to in paragraph (5) or the date
of the final judgment, as the case may be) in an action
brought in an appropriate district court of the United
States. In the action, the validity, amount, and
appropriateness of the penalty shall not be subject to
review.
(e) Exemption.--This section shall not apply to a person
who provides children's services who--
(1) has attained the age of 18;
(2) provides children's services--
(A) in a private residence; and
(B) only to children who are, by affinity or consanguinity,
or by court decree, a grandchild, niece, or nephew of the
provider; and
(3) is registered and complies with any State requirements
that govern the children's services provided.
(f) Effective Date.--This section shall take effect on the
first day of the first fiscal year beginning after the date
of enactment of this Act.
SEC. 1207. REPORT BY THE ADMINISTRATOR.
Not later than 2 years after the date of enactment of this
Act, the Administrator shall submit a report to Congress that
includes--
(1) information concerning the degree of compliance with
this title; and
(2) an assessment of the legal status of smoking in public
places.
SEC. 1208. PREEMPTION.
Nothing in this title is intended to preempt any provision
of law of a State or political subdivision of a State that is
more restrictive than a provision of this title.
On motion of Mr. FORD of Michigan, by unanimous consent, said Senate
amendment was agreed to with the following amendment:
In lieu of the language contained in the Senate amendment,
insert:
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
TITLE I--GOALS 2000: EDUCATE AMERICA ACT
Sec. 101. Purpose.
Part A--National Education Goals
Sec. 111. Purpose.
Sec. 112. National education goals.
Part B--National Education Reform, Leadership, Standards, and
Assessments
SUBPART 1--NATIONAL EDUCATION GOALS PANEL
Sec. 121. Purpose.
Sec. 122. National Education Goals Panel.
Sec. 123. Duties.
Sec. 124. Powers of the Goals Panel.
Sec. 125. Administrative provisions.
Sec. 126. Director and staff; experts and consultants.
Sec. 127. Early childhood assessment.
SUBPART 2--NATIONAL EDUCATION STANDARDS AND IMPROVEMENT COUNCIL
Sec. 131. Purpose.
Sec. 132. National Education Standards and Improvement Council.
Sec. 133. Duties.
Sec. 134. Annual reports.
Sec. 135. Powers of the Council.
Sec. 136. Publication for public comment.
Sec. 137. Administrative provisions.
Sec. 138. Director and staff; experts and consultants.
Sec. 139. Opportunity-to-learn development grant.
Sec. 140. Assessment development and evaluation grants.
Sec. 141. Evaluation.
SUBPART 3--AUTHORIZATION OF APPROPRIATIONS
Sec. 145. Authorization of appropriations.
Part C--State and Local Education Systemic Improvement
Sec. 151. Congressional findings.
Sec. 152. Purpose.
Sec. 153. Authorization of appropriations.
Sec. 154. Allotment of funds.
Sec. 155. State applications.
Sec. 156. State improvement plans.
Sec. 157. Secretary's review of applications; payments.
Sec. 158. State use of funds.
Sec. 159. Subgrants for local reform and professional development.
Sec. 160. Availability of information and training.
Sec. 161. Waivers of statutory and regulatory requirements.
Sec. 162. Progress reports.
Sec. 163. National leadership.
Sec. 164. Assistance to the outlying areas and to the Secretary of the
Interior.
Part D--National Skill Standards Board
Sec. 171. Purpose.
Sec. 172. Establishment of National Board.
Sec. 173. Functions of the National Board.
Sec. 174. Deadlines.
Sec. 175. Reports.
Sec. 176. Authorization of appropriations.
Sec. 177. Definitions.
Part E--Miscellaneous
Sec. 181. Definitions.
Sec. 182. Limitations.
Sec. 183. Assessment of educational progress activities.
Sec. 184. Compliance with Buy American Act.
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Sec. 185. Sense of Congress; requirement regarding notice.
Sec. 186. Prohibition of contracts.
Part F--Parental Information and Resources
Sec. 191. Parental information and resources
Sec. 192. Eligibility.
Sec. 193. Uses of funds.
Sec. 194. Technical assistance.
Sec. 195. Experimental centers.
Sec. 196. Reports.
Sec. 197. Authorization of appropriations.
TITLE II--EDUCATIONAL RESEARCH, DEVELOPMENT, AND DISSEMINATION
EXCELLENCE ACT
Sec. 201. Findings.
Part A--General Provisions Regarding Office of Educational Research and
Improvement
Sec. 211. General provisions.
Sec. 212. Assistant Secretary for Educational Research and Improvement.
Sec. 213. Savings provision.
Sec. 214. Existing grants and contracts.
Part B--National Educational Research Policy and Priorities Board
Sec. 221. Establishment within Office of Educational Research and
Improvement.
Part C--National Research Institutes
Sec. 231. Establishment within Office of Educational Research and
Improvement.
Part D--National Education Dissemination System
Sec. 241. Establishment within Office of Educational Research and
Improvement.
Part E--National Library of Education
Sec. 251. Establishment within Office of Educational Research and
Improvement.
TITLE III--SAFE SCHOOLS ACT OF 1994
Sec. 301. Safe schools program authorized.
Sec. 302. Eligible applicants.
Sec. 303. Applications and plans.
Sec. 304. Grants and use of funds.
Sec. 305. National leadership.
Sec. 306. Reports.
Sec. 307. Definitions.
TITLE I--GOALS 2000: EDUCATE AMERICA ACT
SEC. 101. PURPOSE.
The purpose of this Act is to provide a framework for
meeting the National Education Goals established by title I
of this Act by--
(1) promoting coherent, nationwide, systemic education
reform;
(2) improving the quality of learning and teaching in the
classroom and in the workplace;
(3) defining appropriate and coherent Federal, State, and
local roles and responsibilities for education reform and
lifelong learning;
(4) establishing valid, reliable, and fair mechanisms for--
(A) building a broad national consensus on American
education reform;
(B) assisting in the development and certification of high-
quality, internationally competitive content and student
performance standards;
(C) assisting in the development and certification of
opportunity-to-learn standards; and
(D) assisting in the development and certification of high-
quality assessment measures that reflect the internationally
competitive content and student performance standards;
(5) supporting new initiatives at the Federal, State,
local, and school levels to provide equal educational
opportunity for all students to meet high standards and to
succeed in the world of employment and civic participation;
(6) providing a framework for the reauthorization of all
Federal education programs by--
(A) creating a vision of excellence and equity that will
guide all Federal education and related programs;
(B) providing for the establishment of high-quality,
internationally competitive content and student performance
standards that all students will be expected to achieve;
(C) providing for the establishment of high quality,
internationally competitive opportunity-to-learn standards
that all States, local educational agencies, and schools
should achieve;
(D) encouraging and enabling all State educational agencies
and local educational agencies to develop comprehensive
improvement plans that will provide a coherent framework for
the implementation of reauthorized Federal education and
related programs in an integrated fashion that effectively
educates all children enabling them to participate fully as
workers, parents, and citizens; and
(E) providing resources to help individual schools,
including those serving students with high needs, develop and
implement comprehensive improvement plans;
(7) stimulating the development and adoption of a voluntary
national system of skill standards and certification to serve
as a cornerstone of the national strategy to enhance
workforce skills; and
(8) assisting every elementary and secondary school that
receives funds under this Act to actively involve parents and
families in supporting the academic work of their children at
home and in providing parents with skills to advocate for
their children at school.
PART A--NATIONAL EDUCATION GOALS
SEC. 111. PURPOSE.
The purpose of this title is to establish national
education goals.
SEC. 112. NATIONAL EDUCATION GOALS.
The Congress declares that the National Education Goals are
the following:
(1) School readiness.--(A) By the year 2000, all children
in America will start school ready to learn.
(B) The objectives for this goal are that--
(i) all children will have access to high-quality and
developmentally appropriate preschool programs that help
prepare children for school;
(ii) every parent in America will be a child's first
teacher and devote time each day to helping his or her
preschool child learn, and parents will have access to the
training and support they need; and
(iii) all children will receive the nutrition and health
care needed to arrive at school with healthy minds and
bodies, and to maintain the mental alertness necessary to be
prepared to learn, and the number of low-birthweight babies
will be significantly reduced through enhanced prenatal
health systems.
(2) School completion.--(A) By the year 2000, the high
school graduation rate will increase to at least 90 percent.
(B) The objectives for this goal are that--
(i) the Nation must dramatically reduce its dropout rate,
and 75 percent of those students who do drop out will
successfully complete a high school degree or its equivalent;
and
(ii) the gap in high school graduation rates between
American students from minority backgrounds and their non-
minority counterparts will be eliminated.
(3) Student achievement and citizenship.--(A) By the year
2000, all students will leave grades 4, 8, and 12 having
demonstrated competency over challenging subject matter
including English, mathematics, science, foreign languages,
civics and government, arts, history, and geography, and
every school in America will ensure that all students learn
to use their minds well, so they may be prepared for
responsible citizenship, further learning, and productive
employment in our modern economy.
(B) The objectives for this goal are that--
(i) the academic performance of all students at the
elementary and secondary level will increase significantly in
every quartile, and the distribution of minority students in
each level will more closely reflect the student population
as a whole;
(ii) the percentage of all students who demonstrate the
ability to reason, solve problems, apply knowledge, and write
and communicate effectively will increase substantially;
(iii) all students will be involved in activities that
promote and demonstrate good citizenship, community service,
and personal responsibility;
(iv) all students will have access to physical education
and health education to ensure they are healthy and fit;
(v) the percentage of all students who are competent in
more than one language will substantially increase; and
(vi) all students will be knowledgeable about the diverse
cultural heritage of this Nation and about the world
community.
(4) Teacher education and professional development.--(A) By
the year 2000, the Nation's teaching force will have access
to programs for the continued improvement of their
professional skills and the opportunity to acquire the
knowledge and skills needed to instruct and prepare all
American students for the next century.
(B) The objectives of this goal are that--
(i) every State will establish opportunity-to-learn
standards and create an integrated strategy to attract,
recruit, prepare, retrain, and support the continued
professional development of teachers, administrators, and
other educators, so that there is a highly talented workforce
of professional educators to teach challenging standards;
(ii) subgrants for preservice teacher education and
professional development activity will be made to local
educational agencies, institutions of higher education,
private nonprofit organizations, or consortia of such
organizations, to support continuing, sustained, professional
development activities for all educators; and
(iii) partnerships shall be established, whenever possible,
between local educational agencies, institutions of higher
education, local labor, business, and professional
associations to provide and support programs for the
professional development of educators, particularly in the
area of emerging new technologies in education.
(5) Mathematics and science.--(A) By the year 2000, United
States students will be first in the world in mathematics and
science achievement.
(B) The objectives for this goal are that--
(i) math and science education, including the metric system
of measurement, will be strengthened throughout the system,
especially in the early grades;
(ii) the number of teachers with a substantive background
in mathematics and science, including the metric system of
measurement, will increase by 50 percent; and
(iii) the number of United States undergraduate and
graduate students, especially women and minorities, who
complete degrees in mathematics, science, and engineering
will increase significantly.
(6) Adult literacy and lifelong learning.--(A) By the year
2000, every adult Amer-
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ican will be literate and will possess the knowledge and
skills necessary to compete in a global economy and exercise
the rights and responsibilities of citizenship.
(B) The objectives for this goal are that--
(i) every major American business will be involved in
strengthening the connection between education and work;
(ii) all workers will have the opportunity to acquire the
knowledge and skills, from basic to highly technical, needed
to adapt to emerging new technologies, work methods, and
markets through public and private educational, vocational,
technical, workplace, or other programs;
(iii) the number of quality programs, including those at
libraries, that are designed to serve more effectively the
needs of the growing number of part-time and midcareer
students will increase substantially;
(iv) the proportion of those qualified students, especially
minorities, who enter college, who complete at least two
years, and who complete their degree programs will increase
substantially;
(v) the proportion of college graduates who demonstrate an
advanced ability to think critically, communicate
effectively, and solve problems will increase substantially;
and
(vi) schools, in implementing comprehensive parent
involvement programs, will offer more adult literacy, parent
training and life-long learning opportunities to improve the
ties between home and school, and enhance parents' work and
home lives.
(7) Safe, disciplined, and drug-free schools.--(A) By the
year 2000, every school in America will be free of drugs and
violence and will offer a disciplined environment conducive
to learning.
(B) The objectives for this goal are that--
(i) every school will implement a firm and fair policy on
use, possession, and distribution of drugs and alcohol;
(ii) parents, businesses, and community organizations will
work together to ensure the rights of students to study in a
safe and secure environment that is free of drugs and crime;
(iii) every school district will develop a comprehensive K-
12 drug and alcohol prevention education program. Drug and
alcohol curricula should be taught as an integral part of
health education. In addition, community-based teams should
be organized to provide all students and teachers with needed
support; and
(iv) every school district will develop and implement a
policy to ensure that all schools are free of weapons and
violence.
(8) School and home partnership.--(A) By the year 2000,
every school and home will engage in partnerships that will
increase parental involvement and participation in promoting
the social, emotional, and academic growth of children.
(B) The objectives for this goal are that--
(i) every State will develop policies to assist local
schools and local educational agencies to establish programs
for increasing partnerships that respond to the varying needs
of parents and the home, including parents of children who
are disadvantaged, bilingual, or disabled;
(ii) every school will actively engage parents and families
in a partnership which supports the academic work of children
at home and shared educational decision making at school;
(iii) every home will be responsible for creating an
environment of respect for education and providing the
physical and emotional support needed for learning; and
(iv) parents and families will help to ensure that schools
are adequately supported and will hold schools and teachers
to high standards of accountability.
PART B--NATIONAL EDUCATION REFORM, LEADERSHIP, STANDARDS, AND
ASSESSMENTS
Subpart 1--National Education Goals Panel
SEC. 121. PURPOSE.
It is the purpose of this part to establish a bipartisan
mechanism for--
(1) building a national consensus for education
improvement;
(2) reporting on progress toward achieving the National
Education Goals; and
(3) reviewing the voluntary national content and student
performance standards and opportunity-to-learn standards
certified by the National Education Standards and Improvement
Council, as well as the criteria for their certification, and
the criteria for the certification of State assessments by
the National Education Standards and Improvement Council with
the option of disapproving such standards and criteria not
later than 60 days after receipt from such Council.
SEC. 122. NATIONAL EDUCATION GOALS PANEL.
(a) Establishment.--There is established in the executive
branch a National Education Goals Panel (referred to in this
Act as the ``Goals Panel'') to advise the President, the
Secretary, and the Congress.
(b) Composition.--The Goals Panel shall be composed of
eighteen members (referred to in this part as ``members''),
including--
(1) two members appointed by the President;
(2) eight members who are Governors, three of whom shall be
from the same political party as the President and five of
whom shall be of the opposite political party of the
President, appointed by the Chairperson and Vice Chairperson
of the National Governors' Association, with each appointing
representatives of his or her respective political party, in
consultation with each other;
(3) four Members of Congress appointed as follows--
(A) one member appointed by the majority leader of the
Senate from among the Members of the Senate;
(B) one member appointed by the minority leader of the
Senate from among the Members of the Senate;
(C) one member appointed by the majority leader of the
House of Representatives from among the Members of the House
of Representatives; and
(D) one member appointed by the minority leader of the
House of Representatives from among the Members of the House
of Representatives; and
(4) four members of State legislatures appointed by the
President of the National Conference of State Legislatures,
of whom not more than two may be of the same political party
as the President of the United States.
(c) Special Appointment Rules.--(1) The members appointed
pursuant to subsection (b)(2) shall be appointed as follows:
(A) If the Chairperson of the National Governors'
Association is from the same political party as the
President, the Chairperson shall appoint three individuals
and the Vice Chairperson shall appoint five individuals.
(B) If the Chairperson of the National Governors'
Association is from the opposite political party as the
President, the Chairperson shall appoint five individuals and
the Vice Chairperson shall appoint three individuals.
(2) If the National Governors' Association has appointed a
panel that meets the requirements of subsections (b) and (c),
except for the requirements of subsection (b)(4), prior to
the date of enactment of this title, then the members serving
on such panel shall be deemed to be in compliance with
subsections (b) and (c) and shall not be required to be
reappointed pursuant to such subsections.
(3) To the extent feasible, the membership of the Goals
Panel shall be geographically representative and reflect the
racial, ethnic, and gender diversity of the United States.
(d) Terms.--The terms of service of members shall be as
follows:
(1) Members appointed under subsection (b)(1) shall serve
at the pleasure of the President.
(2) Members appointed under subsection (b)(2) shall serve a
two-year term, except that the initial appointments under
such paragraph shall be made to ensure staggered terms with
one-half of such members' terms concluding every two years.
(3) Members appointed under subsection (b) (3) and (4)
shall serve a term of two years.
(e) Date of Appointment.--The initial members shall be
appointed not later than sixty days after the date of
enactment of this Act.
(f) Initiation.--The Goals Panel may begin to carry out its
duties under this part when ten members of the Goals Panel
have been appointed.
(g) Vacancies.--A vacancy on the Goals Panel shall not
affect the powers of the Goals Panel, but shall be filled in
the same manner as the original appointment.
(h) Travel.--Each member may be allowed travel expenses,
including per diem in lieu of subsistence, as authorized by
section 5703 of title 5, United States Code, for each day the
member is engaged in the performance of duties away from the
home or regular place of business of the member.
(i) Chairperson.--From among the members, the President
shall appoint the Chairperson who shall serve a one-year term
and shall alternate between political parties.
(j) Conflict of Interest.--A member of the Goals Panel who
is an elected official of a State which has developed
content, student performance, or opportunity-to-learn
standards may not participate in Goals Panel consideration of
such standards.
(k) Ex Officio Member.--If the President has not appointed
the Secretary of Education as 1 of the 2 members he appoints
pursuant to subsection (b)(1), then the Secretary shall serve
as a nonvoting ex officio member of the Goals Panel.
SEC. 123. DUTIES.
(a) Duties.--The Goals Panel shall--
(1) report to the President, the Secretary, and the
Congress regarding the progress the Nation and the States are
making toward achieving the National Education Goals
established under title I of this Act, including issuing an
annual report;
(2) report on State opportunity-to-learn standards and the
progress of States in meeting such standards;
(3) review, after taking into consideration the public
comments received pursuant to section 136, with the option of
disapproving by a two-thirds majority vote of the full
membership not later than 60 days after receipt of the--
(A) criteria developed by the National Education Standards
and Improvement Council for the certification of content and
student performance standards, assessments, and opportunity-
to-learn standards; and
(B) voluntary national content and student performance
standards and opportunity-to-learn standards certified by the
National Education Standards and Improvement Council;
(4) report on promising or effective actions being taken at
the national, State, and local levels, in the public and
private sectors, to achieve the National Education Goals; and
(5) help build a nationwide, bipartisan consensus for the
reforms necessary to achieve the National Education Goals.
(b) Report.--(1) The Goals Panel shall annually prepare and
submit to the President,
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the Secretary, the appropriate committees of Congress, and
the Governor of each State a report that shall--
(A) report on the progress of the United States toward
achieving the National Education Goals;
(B) identify actions that should be taken by Federal,
State, and local governments to enhance progress toward
achieving the National Education Goals and State opportunity-
to-learn standards; and
(C) report on State opportunity-to-learn standards and the
progress of States in meeting such standards.
(2) Reports shall be presented in a form, and include data,
that is understandable to parents and the general public.
SEC. 124. POWERS OF THE GOALS PANEL.
(a) Hearings.--(1) The Goals Panel shall, for the purpose
of carrying out this part, conduct such hearings, sit and act
at such times and places, take such testimony, and receive
such evidence, as the Goals Panel considers appropriate.
(2) In carrying out this part, the Goals Panel shall
conduct hearings to receive reports, views, and analyses of a
broad spectrum of experts and the public on the establishment
of voluntary national content and student performance
standards, assessments, and opportunity-to-learn standards.
(b) Information.--The Goals Panel may secure directly from
any department or agency of the United States information
necessary to enable the Goals Panel to carry out this part.
Upon request of the Chairperson of the Goals Panel, the head
of a department or agency shall furnish such information to
the Goals Panel to the extent permitted by law.
(c) Postal Services.--The Goals Panel may use the United
States mail in the same manner and under the same conditions
as other departments and agencies of the United States.
(d) Use of Facilities.--The Goals Panel may, with consent,
use the research, equipment, services, and facilities of any
agency or instrumentality of the United States, or of any
State or political subdivision thereof.
(e) Administrative Arrangements and Support.--(1) The
Secretary shall provide to the Goals Panel, on a reimbursable
basis, such administrative support services as the Goals
Panel may request.
(2) The Secretary shall, to the extent appropriate, and on
a reimbursable basis, make contracts and other arrangements
that are requested by the Goals Panel to help it compile and
analyze data or carry out other functions necessary to the
performance of such responsibilities.
SEC. 125. ADMINISTRATIVE PROVISIONS.
(a) Meetings.--The Goals Panel shall meet on a regular
basis, as necessary, at the call of the Chairperson of the
Goals Panel or a majority of its members.
(b) Quorum.--A majority of the members shall constitute a
quorum for the transaction of business.
(c) Voting.--No individual may vote, or exercise any of the
powers of a member, by proxy.
(d) Public Access.--The Goals Panel shall ensure public
access to its proceedings (other than proceedings, or
portions of proceedings, relating to internal personnel and
management matters) and make available to the public, at
reasonable cost, transcripts of such proceedings.
SEC. 126. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.
(a) Director.--The Chairperson of the Goals Panel shall,
without regard to the provisions of title 5, United States
Code, relating to the appointment and compensation of
officers or employees of the United States, appoint a
Director to be paid at a rate not to exceed the rate of basic
pay payable for level V of the Executive Schedule.
(b) Appointment and Pay of Employees.--(1)(A) The Director
may appoint not more than four additional employees to serve
as staff to the Goals Panel without regard to the provisions
of title 5, United States Code, governing appointments in the
competitive service.
(B) The employees appointed under paragraph (1)(A) may be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, but shall not
be paid a rate that exceeds the maximum rate of basic pay
payable for GS-15 of the General Schedule.
(2) The Director may appoint additional employees to serve
as staff to the Goals Panel consistent with title 5, United
States Code.
(c) Experts and Consultants.--The Goals Panel may procure
temporary and intermittent services of experts and
consultants under section 3109(b) of title 5, United States
Code.
(d) Staff of Federal Agencies.--Upon the request of the
Goals Panel, the head of any department or agency of the
United States may detail any of the personnel of such agency
to the Goals Panel to assist the Goals Panel in its duties
under this part.
SEC. 127. EARLY CHILDHOOD ASSESSMENT.
(a) General.--(1) The Goals Panel shall support the work of
its Resource and Technical Planning Groups on School
Readiness (referred to in this section as the Groups) to
improve the methods of assessing the readiness of children
for school that would lead to alternatives to currently used
norm-referenced early childhood assessments.
(2) The Groups shall--
(A) create clear guidelines regarding the nature,
functions, and uses of early childhood assessments, including
a model of school readiness that addresses a broad range of
early childhood developmental needs;
(B) monitor and evaluate early childhood assessments,
including the ability of existing assessments to provide
valid information on the readiness of children for school;
and
(C) monitor and report on the long-term collection of data
on the status of young children to improve policy and
practice, including the need for new sources of data
necessary to assess the broad range of early childhood
developmental needs.
(b) Advice.--The Groups shall advise and assist the
Congress, the Secretary, the Goals Panel, and others
regarding how to improve the assessment of young children and
how such assessments can improve services to children.
(c) Report.--The Goals Panel shall provide reports on the
work of the Groups to the Congress, the Secretary, and the
public.
Subpart 2--National Education Standards and Improvement Council
SEC. 131. PURPOSE.
The purpose of this part is to establish a mechanism to--
(1) certify and regularly review voluntary national content
and student performance standards that define what all
students should know and be able to do;
(2) certify content and student performance standards
submitted by States on a voluntary basis, if such standards
are of equal or higher quality to the voluntary national
content and student performance standards certified by the
National Education Standards and Improvement Council;
(3) certify and regularly review voluntary national
opportunity-to-learn standards that describe the conditions
of teaching and learning necessary for all students to have a
fair opportunity to achieve the knowledge and skills
described in the voluntary national content and student
performance standards certified by the National Education
Standards and Improvement Council;
(4) certify opportunity-to-learn standards submitted by
States on a voluntary basis, if such standards are of equal
or higher quality as compared with the voluntary national
opportunity-to-learn standards; and
(5) certify assessment systems submitted by States on a
voluntary basis, if such systems are aligned with State
content standards certified by the National Education
Standards and Improvement Council and if such systems are
valid, reliable, and consistent with relevant, nationally
recognized, professional and technical standards for
assessment when used for their intended purposes.
SEC. 132. NATIONAL EDUCATION STANDARDS AND IMPROVEMENT
COUNCIL.
(a) Establishment.--There is established in the executive
branch a National Education Standards and Improvement Council
(referred to in this title as the ``Council'').
(b) Composition.--The Council shall be composed of twenty
members (referred to in this part as ``members'') who shall
be appointed as follows:
(1) 8 members (2 from each of subparagraphs (A) through (D)
of subsection (c)(1)) shall be appointed by the President;
(2) 4 members (1 from each of subparagraphs (A) through (D)
of subsection (c)(1)) shall be appointed by the Speaker of
the House of Representatives, in consultation with the
majority and minority leaders of the House;
(3) 4 members (1 from each of subparagraphs (A) through (D)
of subsection (c)(1)) shall be appointed by the majority
leader of the Senate, in consultation with the minority
leader of the Senate; and
(4) 4 members (1 from each of subparagraphs (A) through (D)
of subsection (c)(1)) shall be appointed by the National
Education Goals Panel.
(c) Qualifications.--(1) The members of the Council shall
include--
(A) 5 professional educators, including elementary and
secondary classroom teachers, preschool educators and other
school-based professionals, local district or State
administrators, related service personnel, and other
educators;
(B) 5 representatives of business and industry, organized
labor, and postsecondary educational institutions, including
at least 1 representative of postsecondary educational
institutions, at least 1 representative of organized labor,
and at least 1 representative of business who is also a
member of the National Skill Standards Board;
(C) 5 representatives of the public, including
representatives of advocacy, civil rights and disability
groups, parents, civic leaders, and local and State education
policymakers (including State, local, or tribal school
boards); and
(D) 5 education experts, including experts in measurement
and assessment, curriculum, school finance and equity, and
school reform.
(2) To the extent feasible, the membership of the Council
shall be geographically representative of the United States
and reflect the diversity of the United States with regard to
race, ethnicity, gender, and disability characteristics.
(3) One-third of the Council shall consist of individuals
with expertise in the educational needs of children who are
from low-income families, minority backgrounds, have limited-
English proficiency, or have disabilities.
(d) Terms.--(1) Members shall be appointed for 3-year
terms, with no member serving more than 2 consecutive terms.
(2) The Council shall establish by lot initial terms for
individuals of one, two, or three years in order to establish
a rotation in which one-third of the members are selected
each year.
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(e) Date of Appointment.--The initial members shall be
appointed not later than 120 days after the date of enactment
of this Act.
(f) Initiation.--The Council shall begin to carry out the
duties of the Council under this part when all 20 members
have been appointed.
(g) Retention.--In order to retain an appointment to the
Council, a member must attend at least two-thirds of the
scheduled meetings of the Council in any given year.
(h) Vacancy.--A vacancy on the Council shall not affect the
powers of the Council, but shall be filled in the same manner
as the original appointment.
(i) Compensation.--Members of the Council who are not
regular full-time employees of the United States may, while
attending meetings or hearings of the Council, be provided
compensation at a rate fixed by the Secretary, but not
exceeding the maximum rate of basic pay payable for GS-15 of
the General Schedule.
(j) Conflict of Interest.--(1) A member of the Council may
not concurrently serve as a member of the Goals Panel.
(2) Section 208 of title 18 of the United States Code shall
apply to members of the Council except that, for the purposes
of making written determinations under subsection (b)(1), the
Government official responsible for the appointment of any
member of the Council is deemed to be the Director of the
Office of Government Ethics.
(3) A member of the Council who resides in a State which
has developed standards and assessments may not participate
in Council consideration of such standards and assessments.
(k) Travel.--Each member of the Council may be allowed
travel expenses, including per diem in lieu of subsistence,
as authorized by section 5703 of title 5, United States Code,
for each day the member is engaged in the performance of
duties away from the home or regular place of business of the
member.
(l) Officers.--The members of the Council shall select
officers from among its members. The officers of the Council
shall serve for one-year terms.
SEC. 133. DUTIES.
(a) Voluntary National Content Standards.--(1) The Council
shall--
(A) identify areas in which voluntary national content
standards need to be developed;
(B) certify voluntary national content and student
performance standards using the criteria developed under
paragraph (2)(A)(i), that define what all students should
know and be able to do;
(C) forward such voluntary national content and student
performance standards to the Goals Panel for review, except
that the Goals Panel shall have the option of disapproving
such standards by a two-thirds majority vote of the full
membership not later than 60 days after receipt of such
standards; and
(D) develop a process for regularly reviewing any national
voluntary content, student performance, and opportunity-to-
learn standards that have been certified.
(2)(A) The Council shall--
(i) identify and develop criteria to be used for certifying
the voluntary national content and student performance
standards; and
(ii) before applying such criteria, forward them to the
Goals Panel for review, except that the Goals Panel shall
have the option of disapproving such criteria by a two-thirds
majority vote of the full membership not later than 60 days
after receipt of such criteria.
(B) The criteria developed by the Council shall address--
(i) the extent to which the proposed standards are
internationally competitive and comparable to the best in the
world;
(ii) the extent to which the proposed content and student
performance standards reflect the best available knowledge
about how all students learn and about how the content area
can be most effectively taught;
(iii) the extent to which the proposed content and student
performance standards have been developed through an open and
public process that provides for input and involvement of all
relevant parties, including teachers, related services
personnel, and other professional educators, employers and
postsecondary education institutions, curriculum and subject
matter specialists, parents, advocacy groups, and the public;
and
(iv) other factors that the Council deems appropriate.
(C) In developing the criteria, the Council shall work with
entities that are developing, or have already developed,
content and student performance standards, and any other
entities that the Council deems appropriate, to identify
appropriate certification criteria.
(b) Voluntary State Content Standards.--The Council may
certify content and student performance standards presented
on a voluntary basis by States, using the criteria developed
under subsection (a)(2)(A)(i), if such standards are of equal
or higher quality to the voluntary national content and
student performance standards certified by the Council.
(c) Voluntary National Opportunity-to-Learn Standards.--(1)
The Council shall certify exemplary, voluntary national
opportunity-to-learn standards that will establish a basis
for providing all students a fair opportunity to achieve the
knowledge and skills set out in the voluntary national
content standards certified by the Council.
(2) The voluntary national opportunity-to-learn standards
certified by the Council shall address--
(A) the quality and availability of curricula,
instructional materials, and technologies, including distance
learning, to all students;
(B) the capability of teachers to provide high-quality
instruction to meet diverse learning needs in each content
area to all students;
(C) the extent to which teachers, principals, and
administrators have ready and continuing access to
professional development, including the best knowledge about
teaching, learning, and school improvement;
(D) the extent to which curriculum, instructional
practices, and assessments are aligned to content standards;
(E) the extent to which school facilities provide a safe
and secure environment for learning and instruction and have
the requisite libraries, laboratories, and other resources
necessary to provide an opportunity to learn;
(F) the extent to which schools utilize policies,
curricula, and instructional practices which ensure
nondiscrimination on the basis of gender; and
(G) other factors that the Council deems appropriate to
ensure the students receive a fair opportunity to achieve the
knowledge and skills described in the voluntary content and
student performance standards certified by the Council.
(3) In carrying out this subsection, the Council shall--
(A) identify what countries with rigorous content standards
do to--
(i) provide their children with opportunities to learn;
(ii) prepare their teachers; and
(iii) provide continuing professional development
opportunities for their teachers; and
(B) develop criteria to be used for certifying the
voluntary national and State opportunity-to-learn standards
and, before applying such criteria, forward them to the Goals
Panel for review, except that the Goals Panel shall have the
option of disapproving such standards by a two-thirds
majority vote of the full membership not later than 60 days
after receipt of such criteria.
(4) The Council shall assist in the development of the
voluntary national opportunity-to-learn standards developed
by the consortium under section 139 by--
(A) making recommendations to the Secretary regarding
priorities and selection criteria for the award made under
section 139 and
(B) coordinating with the consortium receiving an award
under section 139 to ensure that the opportunity-to-learn
standards the consortium develops are appropriate for the
needs of all students, are of high quality, and are
consistent with the criteria developed by the Council for the
certification of such standards.
(5) The Council shall forward the voluntary national
opportunity-to-learn standards it certifies to the Goals
Panel for review, except that the Goals Panel shall have the
option of disapproving such standards by a two-thirds
majority vote of the full membership not later than 60 days
after receipt of such standards.
(d) Voluntary State Opportunity-to-Learn Standards.--The
Council may certify opportunity-to-learn standards submitted
voluntarily by a State, using the criteria developed under
subsection (c)(3)(B), if such standards are of equal or
higher quality as compared to the voluntary national
opportunity-to-learn standards.
(e) General Provision Regarding Voluntary National
Standards.--The Council may certify voluntary national
content, student performance, and opportunity-to-learn
standards if such standards are sufficiently general to be
used by any State without restricting State and local control
of curriculum and prerogatives regarding instructional
methods to be employed.
(f) Assessments.--(1)(A) The Council may certify an
assessment system that is submitted voluntarily by a State,
using the criteria developed under paragraph (2)(A), if such
system is aligned with the State's content standards
certified by the Council.
(B) Assessment systems shall be certified by the Council
for the purposes of--
(i) informing students, parents, teachers, and related
services personnel about the progress of all students toward
the standards;
(ii) improving classroom instruction and improving the
learning outcomes for all students;
(iii) exemplifying for students, parents, and teachers the
kinds and levels of achievement that should be expected of
all students, including the identification of student
performance standards;
(iv) measuring and motivating individual students, schools,
districts, States, and the Nation to improve educational
performance; and
(v) assisting education policymakers in making decisions
about education programs.
(C) The Council shall certify an assessment system only
if--
(i) the State has established or adopted opportunity-to-
learn standards;
(ii) such system will not be used to make decisions
regarding graduation, grade promotion, or retention of
students for a period of five years from the date of
enactment of this Act; and
(iii) the State has submitted--
(I) a description of the purposes for which the assessment
system has been designed;
(II) the methodologies and process used to develop, select,
validate, and use such assessment systems;
(III) a copy of the test instrument and, as appropriate,
other measures that will make up the system; and
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(IV) evidence that the test or tests which are part of the
assessment system are valid, reliable measures of their
intended purposes, are aligned with the State content
standards, are capable of assessing the progress of all
students toward learning the material in the State content
standards, and are consistent with relevant nationally
recognized professional and technical standards.
(D) The Council shall, at the request of a State prior to
developing an assessment system for a proposed use, review
and provide guidance to such State on a proposed package of
measures, including tests that would be included in such a
system.
(2)(A) The Council shall develop and, no sooner than three
years or later than four years after the enactment of this
Act, begin utilizing criteria for the certification of
assessment systems for the purposes indicated in paragraph
(1)(B). Before using such criteria, the Council shall forward
the criteria to the Goals Panel for review, except that the
Goals Panel shall have the option of disapproving such
criteria by a two-thirds majority vote of the full membership
not later than 60 days after receipt of such criteria.
(B) The certification criteria developed by the Council
shall address the extent to which the assessment system--
(i) is aligned with State content standards certified by
the Council; and
(ii) is to be used for a purpose for which it is valid,
reliable, free of discrimination, and is consistent with
relevant, nationally recognized professional and technical
standards for assessment.
(C) In determining appropriate certification criteria, the
Council shall--
(i) consider standards and criteria being developed by
other national organizations, research on assessment, and
emerging new State and local assessments;
(ii) recommend needed research;
(iii) encourage the development and field testing of
assessment systems; and
(iv) provide a public forum for discussing, debating, and
building consensus for the criteria to be used for the
certification of assessment systems.
(D) Prior to determining the certification criteria, the
Council shall seek public comment regarding the proposed
criteria.
(E) The Council shall certify an assessment system only if
such system includes all students.
(g) Performance of Duties.--In carrying out its
responsibilities under this title, the Council shall--
(1) provide for a process of broad public input as part of
the process of developing criteria for standards and
assessments;
(2) work with Federal and non-Federal agencies and
organizations which are conducting research, studies, or
demonstration projects to determine internationally
competitive standards and assessments, and may establish
subject matter and other panels to advise it on particular
content, student performance, and opportunity-to-learn
standards and on assessments;
(3) establish cooperative arrangements with the National
Skill Standards Board to promote the coordination of the
development of content and student performance standards
under this title with the development of skill standards
under title IV of this Act;
(4) recommend studies to the Secretary that are necessary
to carry out the Council's responsibilities;
(5) inform the public about what constitutes high quality,
internationally competitive, content, student performance,
and opportunity-to-learn standards, and assessment systems;
(6) on a regular basis, review and update criteria for
certifying content, student per-
formance, and opportunity-to-learn standards, and assessment
systems; and
(7) periodically recertify, as appropriate, the voluntary
national content and student performance standards, and the
voluntary national opportunity-to-learn standards and the
assessments that it certifies under this section.
(h) Unconditioned State Participation.--No State shall be
required to obtain certification of standards or assessments
developed under subsection (b), (d), or (f) of this section
or to participate in programs under title III of this Act, as
a condition of participating in any Federal education program
under this or any other Act.
SEC. 134. ANNUAL REPORTS.
Not later than one year after the date the Council
concludes its first meeting, and in each succeeding year, the
Council shall prepare and submit a report to the President,
the Secretary, the appropriate committees of Congress, the
Governor of each State, and the Goals Panel regarding its
work.
SEC. 135. POWERS OF THE COUNCIL.
(a) Hearings.--(1) The Council shall, for the purpose of
carrying out its responsibilities, conduct such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence, as the Council considers appropriate.
(2) In carrying out this part, the Council shall conduct
public hearings in different geographic areas of the United
States, both urban and rural, to receive the reports, views,
and analyses of a broad spectrum of experts and the public on
the establishment of voluntary national content, student
performance, and opportunity-to-learn standards, and
assessment systems.
(b) Information.--The Council may secure directly from any
department or agency of the United States information
necessary to enable the Council to carry out this part. Upon
request of the Chairperson of the Council, the head of a
department or agency shall furnish such information to the
Council to the extent permitted by law.
(c) Postal Services.--The Council may use the United States
mail in the same manner and under the same conditions as
other departments and agencies of the United States.
(d) Use of Facilities.--The Council may, with their
consent, use the research, equipment, services, and
facilities of any agency or instrumentality of the United
States, or of any State or political subdivision thereof.
(e) Administrative Arrangements and Support.--(1) The
Secretary shall provide to the Council, on a reimbursable
basis, such administrative support services as the Council
may request.
(2) The Secretary shall, to the extent appropriate, and on
a reimbursable basis, make contracts and other arrangements
that are requested by the Council to help it compile and
analyze data or carry out other functions necessary to the
performance of its responsibilities.
SEC. 136. PUBLICATION FOR PUBLIC COMMENT.
(a) Transmittal.--For the purpose of obtaining public
comment through publication in the Federal Register, the
Council shall transmit to the Secretary--
(1) proposed criteria for certifying national and State
content and performance standards;
(2) proposed criteria for certifying national and State
opportunity-to-learn standards;
(3) proposed criteria for certifying State assessment
systems; and
(4) proposed national content, performance, and
opportunity-to-learn standards.
(b) Publication.--The Secretary shall publish such proposed
procedures, standards, and criteria in the Federal Register.
SEC.137. ADMINISTRATIVE PROVISIONS.
(a) Meetings.--The Council shall meet on a regular basis,
as necessary, at the call of the Chairperson of the Council,
or a majority of its members.
(b) Quorum.--A majority of the members shall constitute a
quorum for the transaction of business.
(c) Voting.--The Council shall take all action of the
Council by a majority vote of the total membership of the
Council, ensuring the right of the minority to issue written
views. No individual may vote or exercise any of the powers
of a member by proxy.
(d) Public Access.--The Council shall ensure public access
to its proceedings (other than proceedings, or portions of
proceedings, relating to internal personnel and management
matters) and make available to the public, at reasonable
cost, transcripts of such proceedings.
SEC. 138. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.
(a) Director.--The Chairperson of the Council shall,
without regard to the provisions of title 5, United States
Code, relating to the appointment and compensation of
officers or employees of the United States, appoint a
Director to be paid at a rate not to exceed the rate of basic
pay payable for level V of the Executive Schedule.
(b) Appointment and Pay of Employees.--(1)(A) The Director
may appoint not more than four additional employees to serve
as staff to the Council without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service.
(B) The employees appointed under subparagraph (A) may be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, but shall not
be paid a rate that exceeds the maximum rate of basic pay
payable for GS-15 of the General Schedule.
(2) The Director may appoint additional employees to serve
as staff of the Council consistent with title 5, United
States Code.
(c) Experts and Consultants.--The Council may procure
temporary and intermittent services under section 3019(b) of
title 5, United States Code.
(d) Staff of Federal Agencies.--Upon the request of the
Council, the head of any department or agency of the United
States may detail any of the personnel of such department or
agency to the Council to assist the Council in its duties
under this part.
SEC. 139. OPPORTUNITY-TO-LEARN DEVELOPMENT GRANT.
(a) Opportunity-to-Learn Development Grant.--(1) The
Secretary is authorized to make a grant, on a competitive
basis, to a consortium of individuals and organizations to
develop voluntary national opportunity-to-learn standards
consistent with the provisions of section 123(c).
(2) To the extent possible, such consortium shall include
the participation of--
(A) State-level policymakers, such as Governors, State
legislators, chief State school officers, and State school
board members;
(B) local policymakers and administrators, such as local
school board members, superintendents, and principals;
(C) teachers (especially teachers involved in the
development of content standards);
(D) parents and individuals with experience in promoting
parental involvement in education;
(E) representatives of business;
(F) experts in vocational-technical education;
(G) representatives of regional accrediting associations;
(H) individuals with expertise in school finance and
equity, the education of at-risk
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students, and the preparation and training of teachers and
school administrators;
(I) curriculum and school reform experts;
(J) student and civil rights advocacy groups;
(K) representatives of higher education; and
(L) secondary school students.
(3) In developing voluntary national opportunity-to-learn
standards, such consortium shall--
(A) draw upon current research about student achievement
and the necessary conditions for effective teaching and
learning; and
(B) provide for the development of several consecutive
drafts of standards which incorporate the comments and
recommendations of educators and other knowledgeable
individuals across the Nation.
(4) One-third of the consortium shall consist of
individuals with expertise in the educational needs and
assessment of children who are from low-income families,
minority backgrounds, have limited-English proficiency, or
have disabilities.
(5) The membership of the consortium shall be
geographically representative and reflect the racial, ethnic,
and gender diversity of the United States.
(b) Applications.--(1) Any consortium that desires to
receive a grant under this subsection shall submit an
application to the Secretary at such time, in such manner,
and containing such information and assurances as the
Secretary may require.
(2) In awarding such grant, the Secretary shall give
priority to applications from consortia which involve
individuals and organizations with the greatest diversity of
perspectives and points of view.
(3) In establishing additional priorities and selection
criteria for such grant, the Secretary shall give serious
consideration to the recommendations made by the Council
pursuant to section 123(c)(4)(A).
(c) Report.--After the development of the voluntary
national opportunity-to-learn standards, the consortium
funded under this section shall submit a report to the
Secretary which discusses the background, important issues,
and rationale regarding such standards.
SEC. 140. ASSESSMENT DEVELOPMENT AND EVALUATION GRANTS.
(a) General.--(1) The Secretary is authorized to make
grants to States and local educational agencies or consortia
of such agencies to help defray the cost of developing, field
testing, and evaluating assessment systems, to be used for
some or all of the purposes indicated in section
123(f)(1)(B), that are aligned to State content standards
certified by the Council.
(2) The Secretary shall reserve a portion of the funds
authorized under section 141(d) for grants to State
educational agencies and local educational agencies for
purposes of developing such assessments in languages other
than English.
(b) Applications.--A State, local educational agency, or
consortium of such agencies that desires to receive a grant
under subsection (a)(1) shall submit an application to the
Secretary at such time, in such manner, and containing such
information and assurances as the Secretary may require.
(c) Requirements.--(1) A recipient of a grant under this
section shall--
(A) examine the validity and reliability of an assessment
system for the particular purposes for which such assessment
system was developed;
(B) ensure that an assessment system is consistent with
relevant, nationally recognized professional and technical
standards for assessments; and
(C) devote special attention to how an assessment system,
treats all students, especially with regard to the race,
gender, ethnicity, disability, and language proficiency.
(2) An assessment system developed and evaluated with funds
under this section may not be used for decisions about
individual students relating to program placement, promotion,
or retention, graduation, or employment for a period of five
years from the date of enactment of this Act.
SEC. 141. EVALUATION.
(a) Grant.--From funds reserved under section 154(a)(2),
the Secretary annually shall make a grant, in an amount not
to exceed $500,000, to the Commission on Behavioral and
Social Sciences and Education of the National Academy of
Sciences or to the National Academy of Education to--
(1) evaluate--
(A) the technical quality of the work performed by the
Goals Panel and the Council;
(B) the process the Council uses to develop criteria for
certification of standards and assessments;
(C) the process the Council uses to certify voluntary
national standards as well as standards and assessments
voluntarily submitted by States; and
(D) the process the Goals Panel uses to approve
certification criteria and voluntary national standards;
(2) periodically provide to the Goals Panel and the
Council, as appropriate, information from the evaluation
under paragraph (1); and
(3) report on the activities authorized under sections 139
and 140.
(b) Report.--The grant recipient shall periodically report
to the Congress, the Secretary, and the public regarding
findings and shall make a final report not later than January
1, 1998.
Subpart 3--Authorization of Appropriations
SEC. 145. AUTHORIZATION OF APPROPRIATIONS.
(a) National Education Goals Panel.--There are authorized
to be appropriated $3,000,000 for fiscal year 1994 and such
sums as may be necessary for each of the four succeeding
fiscal years to carry out part A of this title.
(b) National Education Standards and Improvement Council.--
There are authorized to be appropriated $3,000,000 for fiscal
year 1994 and such sums as may be necessary for each of the
fiscal years 1995 through 1998 to carry out part B of this
title.
(c) Opportunity-to-Learn Development Grant.--There are
authorized to be appropriated $3,000,000 for fiscal year 1994
and such sums as may be necessary for fiscal year 1995 to
carry out the Opportunity-to-Learn Development Grant Program
established under section 139 of this title.
(d) Assessment Development and Evaluation Grants.--There
are authorized to be appropriated $5,000,000 for fiscal year
1994 and such sums as may be necessary for each of the fiscal
years 1995 through 1998 to carry out the Assessment
Development and Evaluation Grants Program established under
section 140 of this title.
PART C--STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT
SEC. 151. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) all students can learn and achieve high standards and
must realize their potential if the United States is to
prosper;
(2) the reforms in education of the last 15 years have
achieved some good results, but these efforts often have been
limited to a few schools or to a single part of the
educational system;
(3) leadership must come both from teachers, related
services personnel, principals, and parents in individual
schools and from policymakers at the local, State, tribal,
and national levels, in order for lasting improvements in
student performance to occur;
(4) simultaneous top-down and bottom-up education reform is
necessary to spur creative and innovative approaches by
individual schools to help all students achieve
internationally competitive standards;
(5) strategies must be developed by communities and States
to support the revitalization of all local public schools by
fundamentally changing the entire system of public education
through comprehensive, coherent, and coordinated improvement
in order to increase student learning;
(6) parents, teachers, and other local educators, and
business, community, and tribal leaders must be involved in
developing systemwide improvement strategies that reflect the
needs of their individual communities;
(7) State and local education improvement efforts must
incorporate strategies for providing all students and
families with coordinated access to appropriate social
services, health care, nutrition, and child care to remove
preventable barriers to learning and enhance school readiness
for all students;
(8) States and local educational agencies, working
together, must immediately set about developing and
implementing such systemwide improvement strategies if the
Nation is to educate all children to meet their full
potential and achieve the National Education Goals listed in
title I of this Act;
(9) State and local systemic improvement strategies must
provide all students with effective mechanisms and
appropriate paths to the workforce as well as to higher
education;
(10) business should be encouraged to enter into
partnerships with schools, provide information and guidance
to schools on the needs of area business for properly
educated graduates in general and on the need for particular
workplace skills, that the schools may provide necessary
material and support, and continue the lifelong learning
process throughout the employment years of an individual, and
schools should provide information to business regarding how
the business community can assist schools in meeting the
goals of this Act;
(11) institutions of higher education should be encouraged
to enter into partnerships with schools to provide
information and guidance to schools on the skills and
knowledge graduates need in order to enter and successfully
complete postsecondary education, and schools should provide
information and guidance to institutions of higher education
on the skills, knowledge, and preservice training teachers
need, and the types of professional development educators
need in order to meet the goals of this Act;
(12) the appropriate and innovative use of technology,
including distance learning, can be very effective in helping
to bring all students the opportunity to learn and meet high
standards; and
(13) Federal funds should be targeted to support local and
State initiatives, and to leverage State and local resources
for designing and implementing system-wide improvement plans.
SEC. 152. PURPOSE.
The purpose of this title is to improve the quality of
education for all students by improving student learning
through a long-term, broad-based effort to promote coherent
and coordinated improvements in the system of education
throughout the Nation at the local and State levels. This
title provides new authorities and funding for the Nation's
school systems without replacing or reducing funding for
existing Federal education programs. It is the intention of
the Congress that no State or local educational agency will
reduce its funding for education or for education reform on
account of receiving any funds under this title.
SEC. 153. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this title, there are
authorized to be appropriated
[[Page 155]]
$393,000,000 for the fiscal year 1994, and such sums as may
be necessary for each of the fiscal years 1995 through 1998.
SEC. 154. ALLOTMENT OF FUNDS.
(a) Reservations of Funds.--From funds appropriated under
section 153, the Secretary--
(1) shall reserve a total of one percent to provide
assistance, in amounts determined by the Secretary--
(A) to the outlying areas; and
(B) to the Secretary of the Interior to benefit Indian
students in schools operated or funded by the Bureau of
Indian Affairs (referred to in this Act as the ``Bureau'');
and
(2) may reserve a total of up to 6 percent for--
(A) national leadership activities under section 163;
(B) the costs of peer review of State improvement plans and
applications under this title; and
(C) evaluation activities under section 141.
(b) State Allotments.--The Secretary shall allot the
remaining amount appropriated under section 153 for each
fiscal year to the States (which for the purposes of this
subsection does not include the outlying areas) as follows:
(1) 50 percent of such remaining amount shall be allocated
in accordance with the relative amounts such State received
under chapter 1 of title I of the Elementary and Secondary
Education Act of 1965 for the preceding fiscal year.
(2) 50 percent of such remaining amount shall be allocated
in accordance with the relative amounts each such State
received under part A of chapter 2 of title I of the
Elementary and Secondary Education Act of 1965 for the
preceding fiscal year.
(c) Reallotments.--If the Secretary determines that any
amount of a State's allotment for any fiscal year under
subsection (b) will not be needed for such fiscal year by the
State, the Secretary shall reallot such amount to other
States that need additional funds, in such manner as the
Secretary determines is appropriate.
SEC. 155. STATE APPLICATIONS.
(a) General.--(1) If a State desires to receive a grant
under this title, the State educational agency shall submit
an application to the Secretary at such time and in such
manner as the Secretary may determine.
(2) In addition to the information described in subsections
(b) and (c), each such application shall include--
(A) an assurance that the State educational agency will
cooperate with the Secretary in carrying out the Secretary's
responsibilities under section 162, and will comply with
reasonable requests of the Secretary for data related to the
State's progress in developing and implementing its State
improvement plan under this title;
(B) an assurance that State law provides adequate authority
to carry out each component of the State's improvement plan
developed, or to be developed under section 156, or that such
authority will be sought;
(C) an assurance that the standards developed for student
achievement are not less rigorous than student achievement
standards used prior to the date of enactment of this Act;
(D) an assurance that the State will provide for broad
public participation in the planning process; and
(E) such other assurances and information as the Secretary
may require.
(b) First Year.--A State's application for the first year
of assistance under this title shall--
(1) describe the process by which the State will develop a
school improvement plan that meets the requirements of
section 156; and
(2) describe how the State educational agency will use
funds received under this title for such year, including how
the State educational agency will make subgrants to local
educational agencies and for teacher training.
(c) Subsequent Years.--A State's second application under
this title shall--
(1) cover the second through fifth years of its
participation;
(2) include a copy of the State's improvement plan that
meets the requirements of section 156 or, if the State plan
is not complete, a statement of the steps it will take to
complete the plan and a schedule for doing so; and
(3) include an explanation of how the State will use funds
received under this title, including how it will make
subgrants to local educational agencies and for teacher
training under section 159(b)(1).
SEC. 156. STATE IMPROVEMENT PLANS.
(a) Basic Scope of Plan.--Any State educational agency that
wishes to receive a grant under this title after its first
year of participation shall develop and implement a plan for
the fundamental restructuring and improvement of elementary
and secondary education in the State. This plan must
address--
(1) in accordance with subsection (c), the establishment or
adoption of challenging content and student performance
standards for all students and the use of curricula,
instructional practices, assessments, technology, parental
involvement programs, and professional preparation and
development approaches appropriate to help all students reach
such standards;
(2) in accordance with subsection (d), the establishment or
adoption of opportunity-to-learn standards that will define
the conditions of teaching and learning that provide all
students the opportunity to meet the challenging content and
student performance standards;
(3) in accordance with subsection (e), needed changes in
the governance and management of the education system in
order to effectively focus schools on, and assist them in,
preparing all students to meet the challenging State
standards;
(4) in accordance with subsection (f), comprehensive
strategies to involve communities, including parents,
businesses, libraries, institutions of higher education,
employment and training agencies, health and human service
agencies, advocacy groups, cultural institutions, and other
public and private agencies that provide social services,
health care, child care, early childhood education, and
nutrition to students, in helping all students meet the
challenging State standards;
(5) in accordance with subsection (g), strategies for
ensuring that all local educational agencies and schools
within the State are involved in developing and implementing
needed improvements within a specified period of time;
(6) in accordance with subsection (h), strategies for
ensuring that comprehensive, systemic reform is promoted from
the bottom up in communities, local educational agencies, and
schools; and
(7) the needs of the children, ages 5 through 18, who are
out of school and the extent to which such children can be
brought back into the education system and meet the standards
set forth in this Act.
(b) Plan Development.--(1) A State improvement plan under
this title must be developed by a broad-based panel (referred
to in this title as the ``panel'') in cooperation with the
State educational agency and the Governor. The panel shall
include--
(A) the Governor and the chief State school officer, or
their designees;
(B) the chairman of the State board of education and the
chairmen of the appropriate authorizing committees of the
State legislature, or their designees;
(C) teachers, principals, and administrators who have
successfully improved student performance and deans of
colleges of education;
(D) representatives of teacher organizations, parents,
institutions of higher education, business and labor leaders,
community-based organizations, Indian tribes, local boards of
education, State and local officials responsible for health,
social services, and other related services, and others, as
appropriate;
(E) representatives from rural and urban local educational
agencies in the State; and
(F) experts in educational measurement and assessment.
(2) The Governor and the chief State school officer shall
each appoint half the members of the State panel. The full
panel shall establish the procedures regarding the operation
of the panel, including the designation of the panel
chairperson.
(3) To the extent feasible, the membership of the panel
shall be geographically representative of the State and
reflect the diversity of the population of the State with
regard to race, ethnicity, gender, and disability
characteristics.
(4) One-third of the panel members shall be individuals
with expertise in the educational needs and assessments of
children who are from low-income families, minority group
backgrounds, have limited-English proficiency, or have
disabilities.
(5) The panel shall consult the Governor, the chief State
school officer, the State board of education, and relevant
committees of the State legislature in developing the plan.
(6) The panel shall be responsible for conducting a
statewide, grassroots outreach process, including conducting
public hearings, to involve educators, related services
personnel, parents, secondary school students, local
officials, private nonprofit elementary and secondary
schools, community and business leaders, Indian tribes,
citizens, children's advocates, and others with a stake in
the success of students and their education system, and who
are representative of the diversity of the State and its
student population, in the development of the State plan and
in a continuing dialog regarding the need for and nature of
challenging standards for all students and local and State
responsibilities for helping all students achieve them.
(7) The panel shall develop a continuing process for
interacting with local educational agencies and individual
schools engaged in systemic reform, especially including
local educational agencies and schools which receive
subgrants under section 159 of this Act, to ensure that the
development and implementation of the State plan reflects
their needs and experiences.
(8) The panel shall develop a State plan, provide
opportunity for public comment, and submit the State plan to
the State educational agency for approval.
(9) The State educational agency shall submit the original
State improvement plan developed by the panel and the State
improvement plan if modified by such agency, together with an
explanation of any changes made by such agency to the plan
developed by the panel, to the Secretary for approval.
(10) If any portion of the State plan addresses matters
that, under State or other applicable law, are not under the
authority of the State educational agency, the State
educational agency shall obtain the approval of, or changes
to, such portion, with an explanation from the Governor or
other official responsible for that portion before submitting
the plan to the Secretary.
(11) After approval of the State plan by the Secretary, the
panel, in close consultation
[[Page 156]]
with teachers, principals, administrators, school boards,
advocacy groups, advocates of children with disabilities and
parents in local educational agencies and schools receiving
funds under this title, shall monitor the implementation and
effectiveness of the State plan to determine if revisions are
appropriate, and shall periodically report its findings to
the public.
(c) Teaching, Learning, Standards, and Assessments.--Each
State plan shall establish strategies and a timetable for
improving teaching and learning, including--
(1) a process for developing or adopting challenging
content and student performance standards for all students
which includes coordinating the standards developed pursuant
to section 115 of the Carl D. Perkins Vocational and Applied
Technology Education Act of 1990;
(2) a process for providing assistance and support to local
educational agencies and schools to give them the capacity
and responsibility to provide all students the opportunity to
increase education achievement and meet challenging State
content and student performance standards;
(3) assessing the effectiveness and equity of the school
finance program of the State to identify disparities in the
resources available to each local educational agency and
school in such State and how such disparities affect the
ability of the State educational agency and local educational
agencies to develop and implement plans under this title;
(4) a process for developing, adopting, or recommending
instructional materials, including gender equitable and
multicultural materials, and technology to support and assist
local educational agencies and schools to provide all
students the opportunity to meet the challenging State
content and student performance standards;
(5) a process for developing and implementing a valid and
nondiscriminatory assessment system or set of locally-based
assessment systems which are consistent with relevant,
nationally recognized, professional and technical standards
for assessment, and are capable of providing coherent
information about student attainments relative to the State
content standards;
(6) a process for monitoring the implementation of such
system or systems and the impact on improved instruction for
all students;
(7) a process for improving the State's system of teacher
and school administrator preparation, licensure, and
continuing professional development so that all teachers,
related services personnel, and administrators develop the
subject matter and pedagogical expertise needed to prepare
all students to meet the challenging standards under
paragraph (1);
(8) a process for providing appropriate and effective
professional development, including the use of technology,
distance learning, and gender-equitable methods, necessary
for teachers, school administrators, and others to help all
students meet the challenging standards under paragraph (1);
and
(9) a process to ensure widespread participation of
classroom teachers in developing the portions of the plan
described in this subsection.
(d) Opportunity-to-Learn Standards.--Each State plan shall
establish a strategy and timetable for--
(1) adopting or establishing opportunity-to-learn standards
that are consistent with the challenging content and student
performance standards that have been adopted or established;
(2) ensuring that every school in the State is making
demonstrable progress toward meeting the State's opportunity-
to-learn standards;
(3) ensuring that the State's opportunity-to-learn
standards address the need of all students;
(4) providing for periodic assessments of the extent to
which opportunity-to-learn standards are being met throughout
the State; and
(5) periodically reporting to the public on the extent of
the State's improvement in achieving such standards and
providing all students with a fair opportunity to achieve the
knowledge and skill levels that meet the State's content and
student performance standards.
(e) Governance and Management.--Each State plan shall
establish strategies for improved governance and management
of its education system, such as--
(1) aligning responsibility, authority, and accountability
throughout the education system, so that decisions regarding
content and student performance standards are coordinated and
decisions regarding the means for achieving such standards
are made closest to the learners;
(2) creating an integrated and coherent approach to
attracting, recruiting, preparing and licensing, appraising,
rewarding, retaining, and supporting the continued
professional development of teachers (including vocational
teachers), administrators, and other educators, including
bilingual educators and special education providers, so that
there is a highly talented workforce of professional
educators capable of preparing all students to reach
challenging standards, with special attention to the
recruitment, training, and retention of qualified minorities
into the education profession within the State to ensure that
the profession reflects the racial and ethnic diversity of
the student population;
(3) providing incentives for high performance, such as--
(A) working with employers and institutions of higher
education to devise strategies to reward student achievement;
(B) incentives for classroom teachers, principals, and
other professional educators to participate in professional
development activities; and
(C) school-based incentives for schools and local
educational agencies to improve student performance;
(4) increasing the proportion of State and local funds
allocated to direct instructional purposes; and
(5) increasing flexibility for local educational agencies
and schools by, for example--
(A) waiving State regulations and other requirements that
impede educational improvement;
(B) focusing accountability on educational outcomes rather
than monitoring compliance with input requirements; and
(C) fostering conditions that allow teachers, principals,
and parents in the school community to be creative in helping
all students meet challenging standards.
(f) Parental and Community Support and Involvement.--Each
State plan shall describe strategies for how the State will
involve parents and other community members in planning,
designing, and implementing its plan, including such
strategies as--
(1) educating the public about the need for higher
standards, systemic improvement, and awareness of diverse
learning needs;
(2) involving parents, communities, and advocacy groups in
the standard-setting and improvement process;
(3) linking the family and school in supporting students to
meet the challenging student content and performance
standards established;
(4) reporting, on an ongoing basis, to parents, educators,
and the public on the progress in implementing the plan and
improving student performance;
(5) focusing public and private community resources and
public school resources on prevention and early intervention
to address the needs of all students by--
(A) identifying and removing unnecessary regulations and
obstacles to coordination;
(B) improving communication and information exchange; and
(C) providing appropriate training to agency personnel; and
(6) increasing the access of all students to social
services, health care, nutrition, related services, and child
care services, and locating such services in schools,
cooperating service agencies, community-based centers, or
other convenient sites designed to provide ``one-stop
shopping'' for parents and students.
(g) Making the Improvements Systemwide.--To help provide
all students throughout the State the opportunity to meet
challenging State standards, each State plan shall describe
strategies such as--
(1) ensuring that the improvement efforts expand from the
initial local educational agencies, schools, and educators
involved to all local educational agencies, schools, and
educators in the State education system through such
approaches as teacher and administrator professional
development, technical assistance, whole school projects,
intensive summer training, and networking of teachers and
other educators, consortia of schools, and local educational
agencies undertaking similar improvements;
(2) developing partnerships among preschools, elementary
and secondary schools, institutions of higher education,
cultural institutions, health and social service providers,
and employers to improve teaching and learning at all levels
of the education system for all students and to foster
collaboration and continuous improvement;
(3) strategies to provide for the close coordination of
standards development and improvement efforts among
institutions of higher education and secondary, and
elementary schools;
(4) conducting parental involvement activities and outreach
programs aimed at parents whose language is a language other
than English, individuals with disabilities, and other
special populations, including American Indians, Alaskan
Natives, and Native Hawaiians, to involve all segments of the
community in the development of the State plan;
(5) developing partnerships with Indian tribes and schools
funded by the Bureau, where appropriate, to improve
consistency and compatibility in curriculum among public and
such schools funded by the Bureau at all grade levels;
(6) allocating all available local, State, and Federal
resources to achieve system-wide improvement;
(7) providing for the development of objective criteria and
measures against which the success of local plans will be
evaluated;
(8) providing for the availability of curricular materials,
learning technologies, including distance learning, and
professional development in a manner ensuring equal access by
all local educational agencies in the State;
(9) taking steps to ensure that all local educational
agencies, schools, and educators in the State benefit from
successful programs and practices supported by funds made
available to local educational agencies and schools under
this title; and
(10) providing assistance to students, teachers, schools,
and local educational agencies that are identified through
the assessment system developed under subsection (c)(5) as
needing such assistance.
[[Page 157]]
(h) Promoting Bottom-Up Reform.--Each State plan shall
include strategies for ensuring that comprehensive, systemic
reform is promoted from the bottom up in communities, local
educational agencies, and schools, as well as guided by
coordination and facilitation from State leaders, including
strategies such as--
(1) ensuring that the State plan is responsive to the needs
and experiences of local educational agencies, schools,
teachers, the community, and parents;
(2) establishing mechanisms for continuous input from local
schools, communities, advocacy groups, institutions of higher
education, and local educational agencies into, and feedback
on, the implementation of the State plan;
(3) providing discretionary resources that enable teachers
and schools to purchase needed professional development and
other forms of assistance consistent with their improvement
plan from high-quality providers of their choice;
(4) establishing collaborative networks of teachers
centered on content standards and assessments for the purpose
of improving teaching and learning;
(5) providing flexibility to individual schools and local
educational agencies to enable them to adapt and integrate
State content standards into courses of study appropriate for
individual schools and communities;
(6) facilitating the provision of waivers from State rules
and regulations that impede the ability of local educational
agencies or schools to carry out local education improvement
plans; and
(7) facilitating communication among educators within and
between local educational agencies for the purpose of sharing
innovative and effective practices, including, through the
use of telecommunications, distance learning, site visits,
and other means.
(i) Coordination with School-to-Work Programs.--If a State
has received Federal assistance for the purpose of planing
for, expanding, or establishing a school-to-work program,
then a State shall include in the State plan a description of
how such school-to-work program will be incorporated into the
school reform efforts of the State. In particular, the State
plan shall include a description of how secondary schools
will be modified in order to provide career guidance, the
integration of academic and vocational education, and work-
based learning, if such programs are proposed in the State's
school-to-work plan.
(j) Benchmarks and Timelines.--Each State plan shall
include specific benchmarks of improved student performance
and of progress in implementing the improvement plan, and
timelines against which the progress of the State in carrying
out its plan, including the elements described in subsections
(c) through (h), can be measured.
(k) Coordinating Strategies.--Each State plan shall include
strategies for coordinating the integration of academic and
vocational instruction pursuant to the Carl D. Perkins
Vocational and Applied Technology Education Act.
(l) Program Improvement and Accountability.--Each State
shall describe--
(1) how the State will monitor progress towards
implementing the State and local plans; and
(2) procedures the State will use to ensure schools and
school districts meet State opportunity-to-learn and content
standards within the established time lines.
(m) Prohibition on Federal Mandates, Direction, and
Control.--Nothing in this section shall be construed to
authorize an officer or employee of the Federal Government to
mandate, direct, or control a State, local educational
agency, or school's curriculum, program of instruction, or
allocation of State and local resources.
(n) Peer Review and Secretarial Approval.--(1) The
Secretary shall review each State improvement plan prepared
under this section, and each application submitted under
section 155, with the assistance and advice of State and
local education policymakers, educators, classroom teachers,
related services personnel, experts on educational innovation
and improvement, parents, advocates for children with
disabilities, representatives of other advocacy groups, and
other appropriate individuals. The peer review process shall
be performed by individuals representative of the diversity
of the United States with regard to geography, race,
ethnicity, gender, and disability. The review of each State
plan shall include at least one site visit to each State.
(2) The Secretary shall approve a State's plan when the
Secretary determines, after considering the peer reviewers'
comment, that it--
(A) reflects a widespread commitment within the State;
(B) holds reasonable promise of enabling all students to
achieve at the high levels called for by this Act;
(C) meets the requirements of subsections (a) through (k);
and
(D) allows local schools, local educational agencies and
communities the flexibility to implement local improvement
plans in a manner which reflects local needs and requirements
in order to promote a `bottom up' system of school reform.
(3) The Secretary shall not decline to approve a State's
plan, or any State application submitted under section 155,
before offering the State--
(A) an opportunity to revise its plan or application; and
(B) a hearing.
(o) Regular Review.--Each State plan shall include a
process for regularly reviewing and updating any State
content, student performance, and opportunity-to-learn
standards and assessment systems.
(p) Amendments to Plan.--(1) Each State shall periodically
review its plan and revise it, as appropriate, in accordance
with the process described in subsection (b).
(2) The Secretary shall review major amendments to a
State's plan through the same process, described in
subsection (j), used to review the original plan.
(q) Preexisting State Plans and Panels.--(1) If a State has
developed a comprehensive and systemic improvement plan to
help all students meet challenging standards, or any
component of such a plan, that otherwise meets the
requirements of this section, the Secretary may approve such
plan or component notwithstanding that it was not developed
in accordance with subsection (b), if the Secretary
determines that such approval would further the purposes of
State systemic education improvement.
(2) If, before the enactment of this Act, a State has made
substantial progress in developing a plan that otherwise
meets, or is likely to meet, the requirements of this
section, but was developed by a panel that does not meet the
requirements of paragraphs (1), (2), and (3) of subsection
(b), the Secretary may, at the request of the Governor and
the State educational agency, treat such panel as meeting the
requirements of this title if the Secretary determines that
there has been statewide involvement of educators, parents,
students, advocacy groups, other interested members of the
public in the development of the plan.
SEC. 157. SECRETARY'S REVIEW OF APPLICATIONS; PAYMENTS.
(a) First Year.--The Secretary shall approve the initial
year application of a State educational agency under section
155(b) if the Secretary determines that--
(1) such application meets the requirements of this title;
and
(2) there is a substantial likelihood that the renewal
application of the State will be able to develop and
implement an education improvement plan that complies with
section 156.
(b) Second Through Fifth Years.--The Secretary shall
approve a renewal application of a State educational agency
under section 155(c) for the second through fifth years only
if--
(1)(A) the Secretary has approved the State's improvement
plan under section 156(l); or
(B) the Secretary determines that the State has made
substantial progress in developing such plan; and
(2) such application meets the other requirements of this
title.
(c) Payments.--For any fiscal year for which a State has an
approved application under this title, the Secretary shall
make a grant to the State educational agency in the amount
determined under section 154(b).
SEC. 158. STATE USE OF FUNDS.
(a) First Year.--In the first year for which a State
educational agency receives a grant under this title, the
State--
(1) shall use at least 75 percent of such funds to make
subgrants, in accordance with section 159(a), to local
educational agencies for the development or implementation of
local improvement plans and to make subgrants, in accordance
with section 159(b), to improve educator preservice programs
and for professional development activities consistent with
the State plan, if the amount allocated to States under
section 154(b) for such year is at least $50,000,000. The
State may use such funds for such subgrants if such amount is
less than $50,000,000; and
(2) shall use the remainder of such funds to develop,
revise, expand, or implement an education improvement plan
described in section 156.
(b) Succeeding Years.--A State that receives assistance
under this title for any year after the first year of
participation shall--
(1) use at least 90 percent of such assistance in each
succeeding year to make subgrants--
(A) to local educational agencies, in accordance with
section 159(a), for the implementation of the State
improvement plan and of local improvement plans; and
(B) in accordance with section 159(b), to improve educator
preservice programs and for professional development
activities that are consistent with the State improvement
plan; and
(2) use the remainder of such assistance for State
activities designed to implement its improvement plan, such
as--
(A) supporting the development or adoption of State content
and student performance standards, State opportunity-to-learn
standards, and assessments linked to the standards, including
through consortia of States, and in conjunction with the
National Education Standards and Improvement Council
established under part B of title II of this Act;
(B) supporting the implementation of high-performance
management and organizational strategies, such as site-based
management, shared decisionmaking, or quality management
principles, to promote effective implementation of such plan;
(C) supporting the development and implementation, at the
local educational agency and school building level, of
improved human resource development systems for recruiting,
selecting, mentoring, supporting, evaluating, and rewarding
educators;
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(D) providing special attention to the needs of minority,
limited-English proficient, disabled, and female students,
including instructional programs and activities that
encourage such students in elementary and secondary schools
to aspire to enter post secondary education or training;
(E) supporting the development, at the State or local
level, of performance-based accountability and incentive
systems for schools;
(F) outreach related to education improvement to parents,
Indian tribal officials, classroom teachers, related services
personnel, and other educators, and the public;
(G) providing technical assistance and other services to
increase the capacity of local educational agencies and
schools to develop and implement local systemic improvement
plans, implement new assessments, and develop curricula
consistent with the content and student performance standards
of the State;
(H) promoting public magnet schools, public ``charter
schools'', and other mechanisms for increasing choice among
public schools; and
(I) collecting and analyzing data.
(c) Limit on Administrative Costs.--In each year, a State
may use not more than four percent of its annual allotment
under this title, or $100,000, whichever is greater, for
administrative expenses, not including the activities of the
panel established under section 156(b)(1).
SEC. 159. SUBGRANTS FOR LOCAL REFORM AND PROFESSIONAL
DEVELOPMENT.
(a) Subgrants to Local Educational Agencies.--(1)(A) Each
State educational agency shall make subgrants to local
educational agencies (or consortia of such agencies)
consistent with subsections (a)(1) and (b)(1)(A) of section
158 through a competitive process.
(B) In making such subgrants, the State educational agency
shall award not less than 1 subgrant in each fiscal year to
an urban local educational agency and not less than 1
subgrant in each fiscal year to a rural local educational
agency, except that this provision shall not apply to the
District of Columbia. Rural local educational agencies may
include or be represented as a fiscal agent by an education
service agency.
(C) Each subgrant shall be for a project of sufficient
duration and of sufficient size, scope, and quality to carry
out the purpose of this title effectively.
(2) A local educational agency wishing to receive a
subgrant under this title for the purpose of developing a
comprehensive local plan shall submit an application to the
State educational agency. Such application shall contain
assurances that the local educational agency intends to
develop a plan that meets the requirements of this section.
(3) Each local educational agency wishing to receive a
subgrant for the purpose of implementing a plan under this
subsection shall submit a local plan to the State educational
agency which--
(A) is developed by a broad-based panel that--
(i) is appointed by the local educational agency and is
representative of the diversity of students and community
with regard to race, language, ethnicity, gender, disability,
and socioeconomic characteristics and includes teachers,
parents, advocacy groups, school administrators, business
representatives, and others, as appropriate; and
(ii) shall, following the selection of its members,
establish the procedures regarding the operation of the
panel, including the designation of the chairperson;
(B) includes a comprehensive local plan for districtwide
education improvement, directed at enabling all students to
meet the challenging content and student performance
standards of the State, including specific goals and
benchmarks, consistent with the State improvement plan
(either approved or under development) and includes a
strategy for--
(i) implementing opportunity-to-learn standards;
(ii) improving teaching and learning;
(iii) improving governance and management;
(iv) generating and strengthening parental and community
involvement; and
(v) expanding improvements throughout the local educational
agency;
(C) promotes the flexibility of local schools in developing
plans which address the particular needs of their school and
community and are consistent with the local plan;
(D) describes a process of broad-based community
participation in the development, implementation, and
evaluation of the local plan;
(E) describes how the local educational agency will
encourage and assist schools to develop comprehensive school
improvement plans that focus on helping all students reach
challenging content and student performance standards and
that address relevant elements of the improvement plan of the
local educational agency identified in subparagraph (B);
(F) describes how the local educational agency will
implement specific programs aimed at ensuring improvements in
school readiness and the ability of students to learn
effectively at all grade levels by identifying the most
pressing needs facing students and their families with regard
to social services, health care, nutrition, and child care,
and by entering into partnerships with public and private
agencies to increase the access of students and families to
coordinated services in a school setting or at a nearby site;
(G) describes how the subgrant will be used by the local
educational agency, and the procedures to be used to make
funds available to schools in accordance with paragraph
(6)(A);
(H) identifies, with an explanation, any State or Federal
requirements that the local educational agency believes
impede educational improvement and that such local
educational agency requests be waived in accordance with
section 161 (such requests shall promptly be transmitted to
the Secretary by the State educational agency); and
(I) contains such other information as the State
educational agency may reasonably require.
(4) A local educational agency which has approved a local
plan shall submit such plan to the State for approval
together with a description of modifications to such plan and
any comments from the local panel regarding such plan.
(5) The panel appointed under paragraph (3)(A) shall, after
approval by the State educational agency of the application
of the local educational agency, monitor the implementation
and effectiveness of the local improvement plan in close
consultation with teachers, related services personnel,
principals, administrators, community members, and parents
from schools receiving funds under this title, to determine
if revisions to the local plan should be recommended to the
local educational agency. The panel shall make public its
findings.
(6)(A) A local educational agency that receives a subgrant
under this subsection shall--
(i) in the first year, use not more than 25 percent of
subgrant funds to develop a local improvement plan or to
implement any local educational activities approved by the
State educational agency which are reasonably related to
carrying out the State or local improvement plans, and not
less than 75 percent of such funds to support individual
school improvement initiatives directly related to providing
all students in the school the opportunity to meet
challenging State content and student performance standards;
and
(ii) in subsequent years, use subgrant funds for any
activities approved by the State educational agency which are
reasonably related to carrying out the State or local
improvement plans, except that at least 85 percent of such
funds shall be made available to individual schools to
develop and implement comprehensive school improvement plans
which are tailored to meet the needs of their particular
student populations and are designed to help all students
meet challenging State content standards.
(B) At least 50 percent of the funds made available by a
local educational agency to individual schools under this
section in any fiscal year shall be made available to schools
with a special need for such assistance, as indicated by a
high number or percentage of students from low-income
families, low student achievement, or other similar criteria
developed by the local educational agency.
(C) A local educational agency may not use more than five
percent of its annual allotment under this Act for
administrative expenses.
(7) The State educational agency shall give priority in
awarding a subgrant to--
(A) a consortium of local educational agencies; or
(B) a local educational agency that makes assurances that
funds will be used to assist a consortium of schools that has
developed a plan for school improvement.
(b) Subgrants for Preservice Teacher Education and
Professional Development Activities.--(1)(A) Each State
educational agency shall make subgrants to consortia of local
educational agencies, institutions of higher education,
private nonprofit organizations, or combinations thereof,
consistent with subsections (a)(1) and (b)(1) of section 158
through a competitive, peer-reviewed process to--
(i) improve preservice teacher education programs
consistent with the State plan, including how to work
effectively with parents and the community; and
(ii) support continuing, sustained professional development
activities for educators which will increase student learning
and are consistent with the State plan.
(B)(i) In order to apply for a subgrant described in
subparagraph (A)(i), a consortium must include at least one
local educational agency and at least one institution of
higher education.
(ii) In order to apply for a subgrant described in
subparagraph (A)(ii), a consortium must include at least one
local educational agency.
(2) A consortium that wishes to receive a subgrant under
this subsection shall submit an application to the State
educational agency which--
(A) describes how the applicant will use the subgrant to
improve teacher preservice and school administrator education
programs or to implement educator professional development
activities consistent with the State plan;
(B) identifies the criteria to be used by the applicant to
judge improvements in preservice education or the effects of
professional development activities consistent with the State
plan; and
(C) contains any other information that the State
educational agency determines is appropriate.
(3) A recipient of a subgrant under this subsection shall
use the subgrant funds for activities supporting--
(A) the improvement of preservice teacher education and
school administrator pro-
[[Page 159]]
grams so that such programs equip educators with the subject
matter and pedagogical expertise necessary for preparing all
students to meet challenging standards; or
(B) the development and implementation of new and improved
forms of continuing and sustained professional development
opportunities for teachers, principals, and other educators
at the school or district level that equip educators with
such expertise, and with other knowledge and skills necessary
for leading and participating in continuous education
improvement.
(4) A recipient may use the subgrant funds under this
subsection for costs related to release time for teachers to
participate in professional development activities.
(5) Professional development shall include related services
personnel as appropriate.
(6) In awarding subgrants under this subsection, the State
educational agency shall give priority to local educational
agencies that form partnerships with collegiate educators to
establish professional development school sites.
(c) Special Award Rule.--(1) Each State educational agency
shall award at least 50 percent of subgrant funds under
subsection (a) in each fiscal year to local educational
agencies that have a greater percentage or number of
disadvantaged children than the statewide average percentage
or number for all local educational agencies in the State.
(2) The State educational agency may waive the requirement
of paragraph (1) if such State does not receive a sufficient
number of applications to comply with such requirement.
SEC. 160. AVAILABILITY OF INFORMATION AND TRAINING.
(a) Information and Training.--Proportionate to the number
of children in a State or in a local educational agency who
are enrolled in private elementary or secondary schools--
(1) a State educational agency or local educational agency
which uses funds under this title to develop goals, content
standards, curricular materials, and assessments shall, upon
request, make information related to such goals, standards,
materials, and assessments available to private schools; and
(2) a State educational agency or local educational agency
which uses funds under this title for teacher and
administrator training shall provide in its plan for the
training of teachers and administrators in private schools
located in the geographical area served by such agency.
(b) Waiver.--If, by reason of any provision of law, a State
or local educational agency is prohibited from providing for
the equitable participation of teachers and administrators
from private schools in training programs assisted with
Federal funds provided under this title, or if the Secretary
determines that a State or local educational agency has
substantially failed or is unwilling to provide for such
participation, the Secretary shall waive such requirements
and shall arrange for the provision of training consistent
with State goals and content standards for such teachers and
administrators. Such waivers shall be subject to
consultation, withholding, notice, and judicial review in
accordance with section 1017 of the Elementary and Secondary
Education Act of 1965.
SEC. 161. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.
(a) General.--(1) Except as provided in subsection (c), the
Secretary may waive any requirement of any statute listed in
subsection (b) or of the regulations issued under such
statute for a State educational agency, local educational
agency, or school that requests such a waiver--
(A) if, and only to the extent that, the Secretary
determines that such requirement impedes the ability of the
State, or of a local educational agency or school in the
State, to carry out the State or local education improvement
plan;
(B) if the State educational agency has waived, or agrees
to waive, similar requirements of State law; and
(C) if, in the case of a Statewide waiver, the State
educational agency--
(i) provides all local educational agencies and parent
organizations in the State with notice and an opportunity to
comment on the proposal of the State educational agency to
seek a waiver; and
(ii) submits the comments of such agencies to the
Secretary.
(2) To request a waiver, a State educational agency, local
educational agency, or school that receives funds under this
Act or a local educational agency that does not receive funds
under this Act but is undertaking school reform efforts that
meet the objectives of the State plan, shall submit an
application to the Secretary that includes--
(A) the identification of statutory or regulatory
requirements that are requested to be waived and the goals
that the State local educational agency or school intends to
achieve;
(B) a description of the action that the State has
undertaken to remove State statutory or regulatory barriers
identified in the applications of local educational agencies;
(C) a description of the goals of the waiver and the
expected programmatic outcomes if the request is granted;
(D) the numbers and types of students to be impacted by
such waiver;
(E) a timetable for implementing a waiver; and
(F) the process the State will use to monitor, on a
biannual basis, the progress in implementing a waiver.
(3) The Secretary shall act promptly on a waiver request
and state in writing the reasons for granting or denying such
request. If a waiver is granted, the Secretary must also
include the expected outcome of granting such waiver.
(4) The Secretary's decision shall be--
(A) published in the Federal Register; and
(B) disseminated by the State educational agency to
interested parties, including educators, parents, students,
advocacy and civil rights organizations, other interested
parties, and the public.
(5) Each such waiver shall be for a period not to exceed
three years. The Secretary may extend such period if the
Secretary determines that the waiver has been effective in
enabling the State or affected local educational agencies to
carry out reform plans.
(b) Included Programs.--The statutes subject to the waiver
authority of this section are as follows:
(1) Chapter 1 of title I of the Elementary and Secondary
Education Act of 1965.
(2) Part A of chapter 2 of title I of the Elementary and
Secondary Education Act of 1965.
(3) The Dwight D. Eisenhower Mathematics and Science
Education Act (part A of title II of the Elementary and
Secondary Education Act of 1965).
(4) The Emergency Immigrant Education Act of 1984 (part D
of title IV of the Elementary and Secondary Education Act of
1965).
(5) The Drug-Free Schools and Communities Act of 1986
(title V of the Elementary and Secondary Education Act of
1965).
(6) The Carl D. Perkins Vocational and Applied Technology
Education Act.
(c) Waivers Not Authorized.--The Secretary may not waive
any statutory or regulatory requirement of the programs
listed in subsection (b) relating to--
(1) maintenance of effort;
(2) comparability of services;
(3) the equitable participation of students and
professional staff in private schools;
(4) parental participation and involvement; or
(5) the distribution of funds to State or to local
educational agencies.
(d) Termination of Waivers.--The Secretary shall
periodically review the performance of any State, local
educational agency, or school for which the Secretary has
granted a waiver and shall terminate the waiver if the
performance of the State, the local educational agency, or
the school in the area affected by the waiver has been
inadequate to justify a continuation of the waiver.
SEC. 162. PROGRESS REPORTS.
(a) State Reports to the Secretary.--Each State
educational agency that receives funds under this title shall
annually report to the Secretary regarding--
(1) progress in meeting State goals and plans;
(2) proposed State activities for the succeeding year; and
(3) in summary form, the progress of local educational
agencies in meeting local goals and plans and increasing
student learning.
(b) Secretary's Reports to Congress.--By April 30, 1996,
and every two years thereafter, the Secretary shall submit a
report to the Committee on Education and Labor of the House
of Representatives and the Committee on Labor and Human
Resources of the Senate describing the activities and
outcomes of grants under--
(1) section 140 of this Act, including--
(A) a description of the purpose, uses, and technical merit
of assessments evaluated with funds under such section; and
(B) an analysis of the impact of such assessments on the
performance of all students, particularly students of
different racial, gender, ethnic, language groups, or
individuals with disabilities; and
(2) this title, including a description of the effect of
waivers granted under section 151.
SEC. 163. NATIONAL LEADERSHIP.
(a) Activities Authorized.--From funds reserved each year
under section 154(a)(2)(A), the Secretary shall, through the
Office of Educational Research and Improvement in accordance
with the provisions of sections 405 and 406 of the General
Education Provisions Act, directly or through grants or
contracts--
(1) provide technical assistance to States and local
educational agencies developing or implementing school
improvement plans, in a manner that ensures that each such
State has access to such assistance;
(2) gather data on, conduct research on, and evaluate
systemic education improvement, including the programs
authorized by this title;
(3) disseminate research findings and other information on
systemic education improvement and how it affects student
learning;
(4) provide grants to tribal divisions of education for
coordination efforts between school reform plans developed
for schools funded by the Bureau of Indian Affairs and public
schools described in section 156(g)(5), including tribal
activities in support of plans; and
(5) support national demonstration projects that unite
local and State educational agencies, institutions of higher
education, government, business, and labor in collaborative
arrangements in order to make educational improvements
systemwide.
(b) Reservation of Funds.--(1) The Secretary shall use at
least 50 percent of the funds reserved each year under
section 154(a)(2)(A) to make grants, consistent with the
provisions of section 159(a) that the Secretary finds
appropriate, and provide technical and other assistance to
urban and rural local educational agencies with large num-
[[Page 160]]
bers or concentrations of students who are economically
disadvantaged or who have limited English proficiency, to
assist such agencies in developing and implementing local
school improvement plans.
(2) The Secretary shall use not less than $1,000,000 of the
funds reserved the first year under section 154(a)(2)(A) to
survey coordinated services programs that have been found to
be successful in helping students and families and improving
student outcomes, and shall disseminate information about
such programs to schools that plan to develop coordinated
services programs.
SEC. 164. ASSISTANCE TO THE OUTLYING AREAS AND TO THE
SECRETARY OF THE INTERIOR.
(a) Outlying Areas.--(1) Funds reserved for outlying areas
under section 154(a)(1)(A) shall be distributed among such
areas by the Secretary according to relative need.
(2) The provisions of Public Law 95-134, permitting the
consolidation of grants to the insular areas, shall not apply
to funds received by such areas under this title.
(b) Secretary of the Interior.--
(1) In general.--The funds reserved to the Secretary of the
Interior under section 154 shall be made in a payment which
shall be pursuant to an agreement between the Secretary and
the Secretary of the Interior containing such assurances and
terms as the Secretary determines shall best achieve the
provisions of this section and this Act. The agreement shall,
at a minimum, contain assurances that--
(A) a panel, as set forth in paragraph (4) of this
subsection, shall be established;
(B) a reform and improvement plan, designed to increase
student learning and assist students in meeting the National
Education Goals, meeting the requirements pertaining to State
improvement plans required in section 156 and providing for
the fundamental restructuring and improvement of elementary
and secondary education in schools funded by the Bureau,
shall be developed by such panel; and
(C) the provisions and activities required under State
improvement plans, including the requirements for timetables
for opportunity-to-learn standards, shall be carried out in
the same time frames and under the same conditions stipulated
for the States in sections 155 and 156, provided that for
these purposes, the term ``local educational agencies'' shall
be interpreted to mean ``schools funded by the Bureau''.
(2) Voluntary submission.--The provisions applicable to the
States in section 123 of this Act shall apply to the Bureau
plan with regard to voluntary submission of standards and
assessment systems to the National Education Standards and
Improvement Council for review and certification.
(3) Plan specifics.--The reform and improvement plan shall
include, in addition to the requirements referenced above,
specific provisions for--
(A) opportunity to learn standards pertaining to
residential programs and transportation costs associated with
programs located on or near reservations or serving students
in off-reservation residential boarding schools;
(B) review and incorporation of the National Education
Goals and the voluntary national content, student
performance, and opportunity-to-learn standards developed
under part B of title II of this Act, provided that such
review shall include the issues of cultural and language
differences; and
(C) provision for coordination of the efforts of the Bureau
with the efforts for school improvement of the States and
local educational agencies in which the schools funded by the
Bureau are located, to include, but not be limited to, the
development of the partnerships outlined in section 156(g)(5)
of the Act.
(4) Panel.--To carry out the provisions of this section,
and to develop the plan for system-wide reform and
improvement required under the agreement required under
paragraph (1), the Secretary of the Interior shall establish
a panel coordinated by the Assistant Secretary of the
Interior for Indian Affairs. Such panel shall consist of--
(A) the Director of the Office of Indian Education Programs
of the Bureau of Indian Affairs and two heads of other
divisions of such Bureau as the Assistant Secretary shall
designate;
(B) a designee of the Secretary of Education; and
(C) a representative nominated by each of the following:
(i) The organization representing the majority of teachers
and professional personnel in schools operated by the Bureau.
(ii) The organization representing the majority of
nonteaching personnel in schools operated by the Bureau, if
not the same organization as in clause (i).
(iii) School administrators of schools operated by the
Bureau.
(iv) Education line officers located in Bureau area or
agency offices serving schools funded by the Bureau.
(v) The organization representing the majority of contract
or grant schools funded by the Bureau not serving students on
the Navajo reservation.
(vi) The organization representing the majority of contract
or grant schools funded by the Bureau serving students on the
Navajo reservation.
(vii) The organization representing the school boards
required by statute for schools operated by the Bureau not
serving students on the Navajo reservation.
(viii) The organization representing the school boards
required by statute for schools funded by the Bureau serving
students on the Navajo reservation.
Including the additional members required by paragraph (5), a
majority of the members of such panel shall be from the
entities designated under subparagraph (C).
(5) Additional members.--In addition, the members of the
panel stipulated above shall designate for full membership
four additional members--
(A) one of whom shall be a representative of a national
organization which represents primarily national Indian
education concerns; and
(B) three of whom shall be chairpersons (or their
designees) of Indian tribes with schools funded by the Bureau
on their reservations (other than those specifically
represented by organizations referred to in paragraph (4)),
provided that preference for no less than two of these
members shall be given to Indian tribes with a significant
number of schools funded by the Bureau on their reservations,
or with a significant percentage of their children enrolled
in schools funded by the Bureau.
(c) BIA Cost Analysis.--
(1) In general.--(A) The Secretary of the Interior shall
reserve from the first allotment made to the Department of
the Interior pursuant to section 154 an amount not to exceed
$500,000 to provide, through the National Academy of
Sciences, for an analysis of the costs associated with
meeting the academic and home-living/residential standards of
the Bureau of Indian Affairs for each school funded by such
Bureau. The purpose of such analysis shall be to provide the
Bureau and the Panel with baseline data regarding the current
state of operations funded by the Bureau and to provide a
framework for addressing the implementation of opportunity-
to-learn standards.
(B) The results of such analysis shall be reported, in
aggregate and school specific form, to the chairpersons and
ranking minority members of the Committees on Education and
Labor and Appropriations of the House of Representatives and
the Select Committee on Indian Affairs and the Committee on
Appropriations of the Senate, and to the Secretary of the
Interior, the Secretary of Education (who shall transmit the
report to the proper entities under this Act), and the
Assistant Secretary of the Interior for Indian Affairs, not
later than 6 months after the date of enactment of this Act.
(2) Content.--Such analysis shall evaluate the costs of
providing a program in each school for the next succeeding
academic year and shall be based on--
(A) the standards either published in the Federal Register
as having effect in schools operated by the Bureau on the
date of enactment of this Act or the standards incorporated
into each grant or contract in effect on such date with a
tribally controlled school funded under section 1128 of
Public Law 95-561 (as amended);
(B) the best projections of student counts and
demographics, as provided by the Bureau and as independently
reviewed by the Academy; and
(C) the pay and benefit schedules and other personnel
requirements for each school operated by the Bureau, as
existing on the date of enactment.
(d) Secretary of Defense.--The Secretary shall consult with
the Secretary of Defense to ensure that, to the extent
practicable, the purposes of this title are applied to the
Department of Defense schools.
PART D--NATIONAL SKILL STANDARDS BOARD
SEC. 171. PURPOSE.
It is the purpose of this title to establish a National
Board to serve as a catalyst in stimulating the development
and adoption of a voluntary national system of skill
standards and certification that will serve as a cornerstone
of the national strategy to enhance workforce skills, and
that can be used, consistent with Federal civil rights laws--
(1) by the Nation, to ensure the development of a high
skills, high quality, high performance workforce, including
the most skilled front-line workforce in the world, and that
will result in increased productivity, economic growth and
American economic competitiveness;
(2) by industries, as a vehicle for informing training
providers and prospective employees of skills necessary for
employment;
(3) by employers, to assist in evaluating the skill levels
of prospective employees and to assist in the training of
current employees;
(4) by labor organizations, to enhance the employment
security of workers by providing portable credentials and
skills;
(5) by workers, to obtain certifications of their skills to
protect against dislocation, to pursue career advancement,
and to enhance their ability to reenter the workforce;
(6) by students and entry level workers, to determine the
skill levels and competencies needed to be obtained in order
to compete effectively for high wage jobs;
(7) by training providers and educators, to determine
appropriate training services to offer;
(8) by Government, to evaluate whether publicly-funded
training assists participants to meet skill standards where
they exist and thereby protect the integrity of public
expenditures;
(9) to facilitate the transition to high performance work
organizations;
(10) to increase opportunities for minorities and women,
including removing barriers
[[Page 161]]
to the entry of women in non-traditional employment; and
(11) to facilitate linkages between other components of the
workforce investment strategy, including school-to-work
transition, secondary and postsecondary vocational-technical
education, and job training programs.
SEC. 172. ESTABLISHMENT OF NATIONAL BOARD.
(a) In General.--There is established a National Skill
Standards Board (in this title referred to as the ``National
Board'').
(b) Composition.--
(1) In general.--The National Board shall be composed of 28
members, appointed in accordance with paragraph (3), of
whom--
(A) one member shall be the Secretary of Labor;
(B) one member shall be the Secretary of Education;
(C) one member shall be the Secretary of Commerce;
(D) one member shall be the Chairperson of the National
Education Standards and Improvement Council established
pursuant to section 122(a);
(E) eight members shall be representatives of small and
large business and industry selected from among individuals
recommended by recognized national business organizations and
trade associations;
(F) eight members shall be representatives of organized
labor selected from among individuals recommended by
recognized national labor federations; and
(G) eight members shall be representatives from the
following groups, with at least one member from each group:
(i) Educational institutions.
(ii) Community-based organizations.
(iii) State and local governments.
(iv) Nongovernmental organizations with a demonstrated
history of successfully protecting the rights of racial,
ethnic and religious minorities, women, persons with
disabilities or older persons.
(2) Diversity requirements.--The members described in
subparagraph (G) of paragraph (1) shall have expertise in the
area of education and training. The members described in
subparagraphs (E), (F), and (G) of paragraph (1) shall--
(A) in the aggregate, represent a broad cross-section of
occupations and industries; and
(B) to the extent feasible, be geographically
representative of the United States and reflect the racial,
ethnic and gender diversity of the United States.
(3) Appointment.--The membership of the National Board
shall be appointed as follows:
(A) Twelve members (four from each class of members
described in subparagraphs (E), (F), and (G) of paragraph
(1)) shall be appointed by the President.
(B) Six members (two from each class of members described
in subparagraphs (E), (F), and (G) of paragraph (1)) shall be
appointed by the Speaker of the House of Representatives, of
whom three members (one from each class of members described
in subparagraphs (E), (F), and (G) of paragraph (1)) shall be
selected from recommendations made by the Majority Leader of
the House of Representatives and three members (one from each
class of members described in subparagraphs (E), (F), and (G)
of paragraph (1)) shall be selected from recommendations made
by the Minority Leader of the House of Representatives.
(C) Six members (two from each class of members described
in subparagraphs (E), (F), and (G) of paragraph (1)) shall be
appointed by the President pro tempore of the Senate, of whom
three members (one from each class of members described in
subparagraphs (E), (F), and (G) of paragraph (1)) shall be
selected from recommendations made by the Majority Leader of
the Senate and three members (one from each class of members
described in subparagraphs (E), (F), and (G) of paragraph
(1)) shall be selected from recommendations made by the
Minority Leader of the Senate.
(4) Term.--Each member of the National Board appointed
under subparagraphs (E), (F), and (G) of paragraph (1) shall
be appointed for a term of 4 years, except that of the
initial members of the Board appointed under such paragraph--
(A) twelve members shall be appointed for a term of 3 years
(four from each class of members described in subparagraphs
(E), (F), and (G) of paragraph (1)), of whom--
(i) two from each class shall be appointed in accordance
with paragraph (3)(A);
(ii) one from each such class shall be appointed in
accordance with paragraph (3)(B); and
(iii) one from each such class shall be appointed in
accordance with paragraph (3)(C); and
(B) twelve members shall be appointed for a term of 4 years
(four from each class of members described in subparagraphs
(E), (F), and (G) of paragraph (1)), of whom--
(i) two from each such class shall be appointed in
accordance with paragraph (3)(A);
(ii) one from each such class shall be appointed in
accordance with paragraph (3)(B); and
(iii) one from each such class shall be appointed in
accordance with paragraph (3)(C).
(c) Chairperson and Vice Chairpersons.--
(1) Chairperson.--The National Board shall biennially elect
a Chairperson from among the members of the National Board by
a majority vote of such members.
(2) Vice chairpersons.--The National Board shall annually
elect 3 Vice Chairpersons (each representing a different
class of the classes of members described in subparagraphs
(E), (F), and (G) of subsection (b)(1)) from among its
members appointed under subsection (b)(3) by a majority vote
of such members, each of whom shall serve for a term of 1
year.
(d) Compensation and Expenses.--
(1) Compensation.--Members of the National Board who are
not regular full-time employees or officers of the Federal
Government shall serve without compensation.
(2) Expenses.--The members of the National Board shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with subchapter I of chapter 57,
title 5, United States Code, while away from their homes or
regular places of business in the performance of services for
the National Board.
(e) Executive Director and Staff.--The Chairperson of the
National Board shall appoint an Executive Director, who shall
be compensated at a rate determined by the National Board
that shall not exceed the rate of pay for level V of the
Executive Schedule under section 5316 of title 5, United
States Code, and who shall appoint such staff as is necessary
in accordance with title 5, United States Code. Such staff
shall include at least one individual with expertise in
measurement and assessment.
(f) Agency Support.--
(1) Use of facilities.--The National Board may use the
research, equipment, services and facilities of any agency or
instrumentality of the United States with the consent of such
agency or instrumentality.
(2) Staff of federal agencies.--Upon the request of the
National Board, the head of any department or agency of the
United States may detail to the National Board, on a
reimbursable basis, any of the personnel of such department
or agency to assist the National Board in carrying out this
title.
(g) Conflict of Interest.--An individual who has served as
a member of the National Board may not have any financial
interest in an assessment and certification system developed
or endorsed under this title for a period of three years
after the termination of service of such individual from the
National Board.
SEC. 173. FUNCTIONS OF THE NATIONAL BOARD.
(a) Identification of Occupational Clusters.--
(1) In general.--Subject to paragraph (2), the National
Board, after extensive public review and comment and study of
the national labor market, shall identify broad clusters of
major occupations that involve one or more than one industry
in the United States.
(2) Procedures for identification.--Prior to identifying
broad clusters of major occupations under paragraph (1), the
National Board shall--
(A) develop procedures for the identification of such
clusters;
(B) publish such procedures in the Federal Register; and
(C) allow for extensive public review of and comment on
such procedures.
(b) Voluntary Partnerships to Develop Standards.--
(1) In general.--For each of the occupational clusters
identified pursuant to subsection (a), the National Board
shall encourage and facilitate the establishment of voluntary
partnerships to develop a skill standards system in
accordance with subsection (d).
(2) Representatives.--Such voluntary partnerships shall
include the full and balanced participation of--
(A) representatives of business and industry who have
expertise in the area of workforce skill requirements,
including representatives of large and small employers,
recommended by national business organizations and trade
associations representing employers in the occupation or
industry for which a standard is being developed, and
representatives of trade associations that have received
demonstration grants from the Department of Labor or the
Department of Education to establish skill standards prior to
the enactment of this title;
(B) employee representatives who have expertise in the area
of workforce skill requirements and who shall be--
(i) individuals recommended by recognized national labor
organizations representing employees in the occupation or
industry for which a standard is being developed; and
(ii) such other individuals who are nonmanagerial employees
with significant experience and tenure in such occupation or
industry as are appropriate given the nature and structure of
employment in the occupation or industry;
(C) representatives of--
(i) educational institutions;
(ii) community-based organizations;
(iii) State and local agencies with administrative control
or direction over education, vocational-technical education,
or employment and training;
(iv) other policy development organizations with expertise
in the area of workforce skill requirements; and
(v) non-governmental organizations with a demonstrated
history of successfully protecting the rights of racial,
ethnic, and religious minorities, women, individuals with
disabilities, and older persons; and
(D) individuals with expertise in measurement and
assessment, including relevant experience in designing
unbiased assessments and performance-based assessments.
(3) Experts.--The partnerships described in paragraph (1)
may also include such other individuals who are independent,
qualified experts in their fields.
(c) Research, Dissemination, and Coordination.--In order to
support the develop-
[[Page 162]]
ment of a skill standards system in accordance with
subsection (d), the National Board shall--
(1) conduct workforce research relating to skill standards
(including research relating to how to use skill standards in
compliance with civil rights laws) and make such research
available to the public, including the partnerships described
in subsection (b);
(2) identify and maintain a catalog of skill standards used
by other countries and by States and leading firms and
industries in the United States;
(3) serve as a clearinghouse to facilitate the sharing of
information on the development of skill standards and other
relevant information among representatives of occupations and
industries identified pursuant to subsection (a), the
voluntary partnerships recognized pursuant to subsection (b),
and among education and training providers through such
mechanisms as the Capacity Building and Information and
Dissemination Network established under section 453(b) of the
Job Training Partnership Act;
(4) develop a common nomenclature relating to skill
standards;
(5) encourage the development and adoption of curricula and
training materials for attaining the skill standards
developed pursuant to subsection (d) that include structured
work experiences and related study programs leading to
progressive levels of professional and technical
certification and postsecondary education;
(6) provide appropriate technical assistance; and
(7) facilitate coordination among voluntary partnerships
that meet the requirements of subsection (b) to promote the
development of a coherent national system of voluntary skill
standards.
(d) Endorsement of Skill Standards Systems.--
(1) Development of endorsement criteria.--
(A) In general.--The National Board, after extensive public
consultation, shall develop objective criteria for endorsing
skills standards systems relating to the occupational
clusters identified pursuant to subsection (a). Such criteria
shall, at a minimum, include the components of a skill
standards system described in subparagraph (B). The
endorsement criteria shall be published in the Federal
Register, and updated as appropriate.
(B) Components of system.--The components of a skill
standards systems shall include the following:
(i) Voluntary skill standards, which at a minimum--
(I) meet or exceed, to the extent practicable, the highest
standards used in other countries and the highest
international standards;
(II) meet or exceed the highest applicable standards used
in the United States, including apprenticeship standards
registered under the National Apprenticeship Act;
(III) take into account content and performance standards
certified pursuant to title II;
(IV) take into account the requirements of high performance
work organizations;
(V) are in a form that allows for regular updating to take
into account advances in technology or other developments
within the occupational cluster;
(VI) are formulated in such a manner that promotes the
portability of credentials and facilitates worker mobility
within an occupational cluster or industry and among
industries; and
(VII) are not discriminatory with respect to race, color,
gender, age, religion, ethnicity, disability, or national
origin, consistent with Federal civil rights laws.
(ii) A voluntary assessment system and certification of the
attainment of skill standards developed pursuant to
subparagraph (A), which at a minimum--
(I) takes into account, to the extent practicable, methods
of assessment and certification used in other countries;
(II) utilizes a variety of evaluation techniques,
including, where appropriate, oral and written evaluations,
portfolio assessments and performance tests; and
(III) includes methods for establishing that the assessment
and certification system is not discriminatory with respect
to race, color, gender, age, religion, ethnicity, disability,
or national origin, consistent with Federal civil rights
laws.
(iii) A system to promote the use of and to disseminate
information relating to skill standards, and assessment and
certification systems developed pursuant to this paragraph
(including dissemination of information relating to civil
rights laws relevant to the use of such standards and
systems) to entities such as institutions of postsecondary
education offering professional and technical education,
labor organizations, trade associations, employers providing
formalized training and other organizations likely to benefit
from such systems.
(iv) A system to evaluate the implementation of the skill
standards, and assessment and certification systems developed
pursuant to this paragraph, and the effectiveness of the
information disseminated pursuant to subparagraph (C) for
informing the users of such standards and systems of the
requirements of relevant civil rights laws.
(v) A system to periodically revise and update the skill
standards, and assessment and certification systems developed
pursuant to this paragraph, which will take into account
changes in standards in other countries.
(2) Endorsement.--The National Board, after extensive
public review and comment, shall endorse those skill
standards systems relating to the occupational clusters
identified pursuant to subsection (a) that--
(A) meet the objective endorsement criteria that are
developed pursuant to paragraph (1); and
(B) are submitted by partnerships that meet the
representation requirements of subsection (b)(2).
(e) Relationship With Antidiscrimination Laws.--
(1) In general.--Nothing in this title shall be construed
to modify or affect any Federal or State law prohibiting
discrimination on the basis of race, religion, color,
ethnicity, national origin, gender, age, or disability.
(2) Evidence.--The endorsement or absence of an endorsement
by the Board of a skill standard or assessment and
certification system under subsection (d) shall not be used
in any action or proceeding to establish that the skill
standard or assessment and certification system conforms or
does not conform to the requirements of civil rights laws.
(f) Coordination With Education Standards.--The National
Board shall establish cooperative arrangements with the
National Education Standards and Improvement Council to
promote the coordination of the development of skill
standards under this title with the development of content
and performance standards under title II.
(g) Financial Assistance.--
(1) In general.--From funds appropriated pursuant to
section 166(a), the Secretary of Labor may award grants
(including grants to the voluntary partnerships in accordance
with paragraph (2)) and enter into contracts and cooperative
arrangements that are requested by the National Board for the
purposes of carrying out this title.
(2) Grant programs for voluntary partnerships.--
(A) Eligibility and application.--Voluntary partnerships
that meet the requirements of subsection (b) shall be
eligible to apply for a grant under this subsection. Each
such voluntary partnership desiring a grant shall submit an
application to the National Board at such time, in such
manner, and accompanied by such information as the National
Board may reasonably require.
(B) Review and recommendation.--The National Board shall
review each application submitted pursuant to subparagraph
(A) in accordance with the objective criteria published
pursuant to subparagraph (C) and shall forward each such
application to the Secretary of Labor accompanied by a
recommendation for the approval or disapproval of each such
application by the Secretary.
(C) Criteria for review.--Prior to each fiscal year, the
National Board shall publish objective criteria to be used by
the Board in reviewing applications under subparagraph (B).
(3) Limitation on the use of funds.--
(A) In general.--Not more than 20 percent of the funds
appropriated under section 166(a) for each fiscal year shall
be used by the National Board for the costs of
administration.
(B) Costs of administration defined.--For purposes of this
paragraph, the term ``costs of administration'' means costs
relating to staff, supplies, equipment, space, travel and per
diem, costs of conducting meetings and conferences, and other
related costs.
SEC. 174. DEADLINES.
Not later than December 31, 1996, the National Board
shall--
(1) identify occupational clusters pursuant to section
163(a) representing a substantial portion of the workforce;
and
(2) promote the development of an initial set of skill
standards in accordance with section 163(d) for such
clusters.
SEC. 175. REPORTS.
The National Board shall submit to the President and the
Congress in each fiscal year a report on the activities
conducted under this title, including the extent to which
skill standards have been adopted by employers, training
providers, and other entities and the effectiveness of such
standards in accomplishing the purposes described in section
161.
SEC. 176. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
$15,000,000 for fiscal year 1994 and such sums as may be
necessary for each of the fiscal years 1995 through 1998 to
carry out this title.
(b) Availability.--Amounts appropriated pursuant to
subsection (a) shall remain available until expended.
SEC. 177. DEFINITIONS.
For purposes of this title, the following definitions
apply:
(1) Community-based organizations.--The term ``community-
based organizations'' means such organizations as defined in
section 4(5) of the Job Training Partnership Act.
(2) Educational institution.--The term ``educational
institution'' means a high school, a vocational school, and
an institution of higher education.
(3) Skill standard.--The term ``skill standard'' means the
level of knowledge and competence required to successfully
perform work-related functions within an occupational
cluster.
PART E--MISCELLANEOUS
SEC. 181. DEFINITIONS.
As used in this Act--
(1) the terms ``all students'' and ``all children'' mean
students or children from a broad range of backgrounds and
cir-
[[Page 163]]
cumstances, including disadvantaged students, students with
diverse racial, ethnic, and cultural backgrounds, American
Indians, Alaska Natives, Native Hawaiians, students with
disabilities, students with limited-English proficiency,
migrant children, school-aged children who have dropped out,
migrant children, and academically talented students;
(2) the term ``assessment system'' means measures of
student performance which include at least 1 test, and may
include other measures of student performance, for a specific
purpose and use which are intended to evaluate the progress
of all students in the State toward learning the material in
State content standards in 1 or more subject areas;
(3) the terms ``community'', ``public'', and ``advocacy
group'' are to be interpreted to include representatives of
organizations advocating for the education of American
Indian, Alaska Native, and Native Hawaiian children and
Indian tribes;
(4) the term ``content standards'' means broad descriptions
of the knowledge and skills students should acquire in a
particular subject area;
(5) the term ``Governor'' means the chief executive of the
State;
(6) the terms ``local educational agency'' and ``State
educational agency'' have the meaning given those terms in
section 1471 of the Elementary and Secondary Education Act of
1965;
(7) the term ``opportunity-to-learn standards'' means the
criteria for, and the basis of, assessing the sufficiency or
quality of the resources, practices, and conditions necessary
at each level of the education system (schools, local
educational agencies, and States) to provide all students
with an opportunity to learn the material in national or
State content standards;
(8) the term ``outlying areas'' means Guam, American Samoa,
the Virgin Islands, the Commonwealth of the Northern Mariana
Islands, and Palau (until the effective date of the Compact
of Free Association with the Government of Palau);
(9) the term ``performance standards'' means concrete
examples and explicit definitions of what students have to
know and be able to do to demonstrate that they are
proficient in the skills and knowledge framed by content
standards;
(10) the term ``related services'' has the same meaning
given such term under section 602(17) of the Individuals with
Disabilities Education Act;
(11) the term ``school'' means a school that is under the
authority of the State educational agency and a local
educational agency or, for the purpose of carrying out
section 164(b), a school that is operated or funded by the
Bureau of Indian Affairs;
(12) the term ``Secretary'', except where used in title IV,
means the Secretary of Education; and
(13) except as otherwise provided, the term ``State'' means
each of the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico, and each of the outlying areas.
SEC. 182. LIMITATIONS.
(a) Assessments.--No funds provided under titles II or III
of this Act shall be used to undertake assessments that will
be used to make decisions regarding the graduation, grade
promotion, or retention of students for five years after the
date of enactment of this Act.
(b) Public School.--Nothing in this Act shall be construed
to authorize the use of funds under title III (except as
provided in section 160) to directly or indirectly benefit
any school other than a public school.
SEC. 183. ASSESSMENT OF EDUCATIONAL PROGRESS ACTIVITIES.
Section 421(h) of the Carl D. Perkins Vocational and
Applied Technology Education Act (20 U.S.C. 2421(h)) is
amended--
(1) by inserting ``(1)'' after ``(h)''; and
(2) by inserting at the end the following:
``(2)(A) Notwithstanding any provision of section 406 of
the General Education Provisions Act, the Commissioner of
Education Statistics may authorize a State educational agency
or a consortium of such agencies to use items and data from
the National Assessment of Educational Progress for the
purpose of evaluating a course of study related to vocational
education, if the Commissioner has determined, in writing,
that such use will not--
``(i) result in the identification of characteristics or
performance of individual students or schools;
``(ii) result in the ranking or comparing of schools or
local educational agencies;
``(iii) be used to evaluate the performance of teachers,
principals, or other local educators for the purpose of
dispensing rewards or punishments; or
``(iv) corrupt or harm the use and value of data collected
for the National Assessment of Educational Progress.
``(B) Not later than 60 days after making an authorization
under subsection (a), the Commissioner shall submit to the
Committee on Education and Labor of the House of
Representatives and to the Committee on Labor and Human
Resources of the Senate, a report which contains--
``(i) a copy of the request for such authorization;
``(ii) a copy of the written determination under subsection
(a); and
``(iii) a description of the details and duration of such
authorization.
``(C) The Commissioner may not grant more than one such
authorization in any fiscal year and shall ensure that the
authorized use of items or data from the National Assessment
is evaluated for technical merit and for its affect on the
National Assessment of Educational Progress. The results of
such evaluations shall be promptly reported to the committees
specified in subparagraph (B).''.
SEC. 184. COMPLIANCE WITH BUY AMERICAN ACT.
No funds appropriated pursuant to this Act may be expended
by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through 4
of the Act of March 3, 1993 (41 U.S.C. 10a-10c, popularly
known as the ``Buy American Act'').
SEC. 185. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.
(a) Purchase of American-Made Equipment and Products.--In
the case of any equipment or products that may be authorized
to be purchased with financial assistance provided under this
Act, it is the sense of the Congress that entities receiving
such assistance should, in expending the assistance, purchase
only American-made equipment and products.
(b) Notice to Recipients of Assistance.--In providing
financial assistance under this Act, the head of each Federal
agency shall provide to each recipient of the assistance a
notice describing the statement made in subsection (a) by the
Congress.
SEC. 186. PROHIBITION OF CONTRACTS.
If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing
a ``Made in America'' inscription, or any inscription with
the same meaning to any product sold in or shipped to the
United States that is not made in the United States, such
person shall be ineligible to receive any contract or
subcontract made with funds provided pursuant to this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in section 9.400 through 9.409 of title
48, Code of Federal Regulations.
PART F--PARENTAL INFORMATION AND RESOURCES
SEC. 191. PARENTAL INFORMATION AND RESOURCES
(a) Authorization.--The Secretary of Education is
authorized to make grants each year to nonprofit
organizations for the purpose of providing training and
information to parents of children, aged birth to 5 years,
and children enrolled in participating schools and to
individuals who work with such parents to encourage a more
effective working relationship with professionals in meeting
the educational needs of children, aged birth to 5 years, and
children enrolled in participating schools.
(b) Grants.--Such grants shall--
(1) be designed to meet the unique training and information
needs of parents of children, aged birth to 5 years, and
children enrolled in participating schools, particularly
parents who are severely disadvantaged educationally or
economically;
(2) be distributed geographically to the greatest extent
possible throughout all the States and give priority to
grants which serve areas with high concentrations of low-
income families;
(3) be targeted to parents of children, aged birth to 5
years, and children enrolled in participating schools in
rural, suburban, and urban areas;
(4) serve parents of low-income and minority children, aged
birth to 5 years, and children enrolled in participating
schools, including limited-English-proficient children;
(5) be funded at a sufficient size, scope, and quality to
ensure that the program is adequate to serve the parents in
the area; and
(6) include funds to establish, expand, and operate
Teachers as Parents programs.
SEC. 192. ELIGIBILITY.
(a) Representation.--To receive a grant under section 191,
a nonprofit organization shall meet the following
requirements:
(1) Be governed by a board of directors in which the
membership includes, or be an organization that represents
the interests of, parents and establish a special advisory
committee in which the membership includes--
(A) parents of children, aged birth to 5 years, and
children enrolled in participating schools; and
(B) representation of education professionals with
expertise in improving services for disadvantaged children.
(2) Provide that the parent and professional membership of
the board or special advisory committee is broadly
representative of minority, low-income, and other individuals
and groups that have an interest in compensatory education
and family literacy.
(3) Demonstrate the capacity and expertise to conduct
effective training and information activities for which a
grant may be made.
(4) Network with clearinghouses, other organizations and
agencies, and with other established national, State, and
local parent groups representing the full range of parents of
children, aged birth to 5 years, and children enrolled in
participating schools, especially parents of low-income and
minority children.
(b) Requirements.--The Board of Directors or special
governing committee of an organization receiving a grant
under this title shall meet at least once each calendar
quarter to review the parent training and information
activities for which the grant is made.
(c) Grant Renewal.--Whenever an organization requests the
renewal of a grant under section 191 for a fiscal year, the
Board of Di-
[[Page 164]]
rectors or the special advisory committee shall submit to the
Secretary a written review of the parent training and
information program conducted by such organization during the
preceding fiscal year.
SEC. 193. USES OF FUNDS.
Grants received under this title may be used--
(1) for parent training and information programs that
assist parents to--
(A) better understand their children's educational needs;
(B) provide follow up support for their children's
educational achievement;
(C) communicate more effectively with teachers, counselors,
administrators, and other professional educators and support
staff;
(D) participate in the design and provision of assistance
to students who are not making adequate progress;
(E) obtain information about the range of options,
programs, services, and resources available at the national,
State, and local levels to assist parents of children, aged
birth to 5 years, and children enrolled in participating
schools and their parents;
(F) seek technical assistance regarding compliance with the
requirements of this Act and of other Federal programs
relevant to achieving the goals of this Act;
(G) participate in State and local decision-making;
(H) train other parents; and
(I) plan, implement, and fund activities that coordinate
the education of their children with other Federal programs
that serve such children or their families;
(2) to include State or local educational personnel where
such participation would further an objective of the program
assisted by the grant; and
(3) to establish a parent training and information center
to carry out the activities in paragraphs (1) and (2) and to
represent parent interests at the State level, including
participation in the design of the public outreach process
described in section 156(b)(6), submitting recommendations
concerning State standards and plans, and commenting on
proposed waivers under this Act.
SEC. 194. TECHNICAL ASSISTANCE.
The Secretary shall provide technical assistance, by grant
or contract, for the establishment, development, and
coordination of parent training and information programs and
centers.
SEC. 195. EXPERIMENTAL CENTERS.
After the establishment in each State of a parent training
and information center, the Secretary shall provide for the
establishment of 5 additional experimental centers, 3 to be
located in urban areas and 2 in rural areas where there are
large concentrations of poverty.
SEC. 196. REPORTS.
Not later than June 30, 1995, and not later than June 30
each succeeding year, the Secretary shall obtain data
concerning programs and centers assisted under this title,
including--
(1) the number of parents, including the number of minority
and limited-English-proficient parents, who receive
information and training;
(2) the types and modes of information or training
provided; and
(3) the strategies used to reach and serve parents of
minority and limited-English-proficient children and parents
with limited literacy skills.
SEC. 197. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $5,000,000 for
fiscal year 1994 and such sums as may be necessary for each
of the fiscal years 1995 through 1998.
TITLE II--EDUCATIONAL RESEARCH, DEVELOPMENT, AND DISSEMINATION
EXCELLENCE ACT
SEC. 201. FINDINGS.
The Congress finds as follows with respect to improving
education in the United States:
(1) A majority of public schools in the United States are
failing to adequately prepare their students. To achieve the
national education goals set forth by the President and the
governors of the States, an overwhelming campaign for
educational improvement must be mounted in order to set in
motion many strategies and models designed to encourage and
support school restructuring. The Federal Government must
support an extensive program of educational research,
development, dissemination, replication and assistance to
identify and support the best responses for the challenges
ahead. A significant investment in attaining a deeper
understanding of the processes of learning and schooling and
developing new ideas holds the best hope of making a
substantial difference to the lives of every school and
student in the United States. The Office of Educational
Research and Improvement of the Department of Education
should be at the center of this campaign in order to
coordinate such efforts.
(2) The Federal role in educational research has been
closely identified with youths who are socioeconomically
disadvantaged, belong to a language minority, or are
disabled. However, in 1988, the Federal commitment to
education was sufficient to serve not more than--
(A) 1 out of every 5 low-income children in need of
preschool education;
(B) 2 out of every 5 children in need of remediation;
(C) 1 out of every 4 children in need of bilingual
education; and
(D) 1 out of every 20 youths in need of job training.
(3) The failure of the Federal Government to adequately
invest in educational research and development has denied the
Nation a sound foundation on which to design school
improvements, leading to a history of faddism and failed
experimentation resulting in a dearth of research in the area
of educationally at-risk students. This situation is of
particular concern because at least half of the public school
students in 25 of the largest cities of the United States are
minority children, and demographers project that, by 2005,
almost all urban public school students will be minority
children or other children in poverty.
(4) The investment goal of the Federal research,
development, and dissemination function should be at least 1
percent of the total amount of funds spent on education
nationally.
(5) Nationwide model programs and reliable interventions
should be demonstrated and replicated, and for such purposes,
programs should be established to conduct research and
evaluations, and to disseminate information.
(6) The Office of Educational Research and Improvement must
develop a national dissemination policy that will advance the
goal of placing a national treasure chest of research
results, models, and materials at the disposal of the
Nation's education decisionmakers.
(7) A National Educational Research Policy and Priorities
Board should be established to ensure that an educational
research and dissemination agenda is developed and
implemented without partisan political interference.
(8) Existing research and development entities should adopt
expanded, proactive roles and new institutions must be
created to promote knowledge development necessary to
accelerate the application of research knowledge to high
priority areas.
(9) Greater use should be made of existing technologies in
efforts to improve the Nation's educational system, including
efforts to disseminate research findings.
(10) Minority educational researchers are inadequately
represented throughout the Department of Education, but
particularly in the Office of Educational Research and
Improvement. The Office therefore must assume a leadership
position in the recruitment, retention, and promotion of
qualified minority educational researchers.
(11) The coordination of the mission of the Office of
Educational Research and Improvement with that of other
components of the Department of Education is critical. It
must improve the coordination of the educational research,
development, and dissemination function with those of other
Federal agencies.
PART A--GENERAL PROVISIONS REGARDING OFFICE OF EDUCATIONAL RESEARCH AND
IMPROVEMENT
SEC. 211. GENERAL PROVISIONS.
Section 405 of the General Education Provisions Act (20
U.S.C. 1221e) is amended to read as follows:
``office of educational research and improvement
``Sec. 405. (a) Declaration of Policy Regarding Educational
Opportunity.--
``(1) In general.--The Congress declares it to be the
policy of the United States to provide to every individual an
equal opportunity to receive an education of high quality
regardless of race, color, religion, sex, age, disability,
national origin, or social class. Although the American
educational system has pursued this objective, it has not
attained the objective. Inequalities of opportunity to
receive high quality education remain pronounced. To achieve
the goal of quality education requires the continued pursuit
of knowledge about education through research, development,
improvement activities, data collection, synthesis, technical
assistance, and information dissemination. While the
direction of American education remains primarily the
responsibility of State and local governments, the Federal
Government has a clear responsibility to provide leadership
in the conduct and support of scientific inquiry into the
educational process.
``(2) Mission of office.--
``(A) The mission of the Office of Educational Research and
Improvement shall be to provide national leadership in--
``(i) expanding fundamental knowledge and understanding of
education;
``(ii) promoting excellence and equity in education; and
``(iii) monitoring the state of education.
``(B) The mission of the Office shall be accomplished in
collaboration with researchers, teachers, school
administrators, parents, students, employers, and
policymakers.
``(b) Purpose and Structure of Office.--
``(1) In general.--The Secretary, acting through the Office
of Educational Research and Improvement, shall carry out the
policies set forth in subsection (a). In carrying out such
policies, the Secretary shall be guided by the priorities
established by the Board of Governors established in section
405A.
``(2) Administrative structure.--The Office shall be
administered by the Assistant Secretary and shall include--
``(A) the National Educational Research Policy and
Priorities Board established by section 405A;
``(B) the national research institutes established by
section 405B;
``(C) the national education dissemination system
established by section 405C;
[[Page 165]]
``(D) the National Library of Education established by
section 405D;
``(E) the National Center for Education Statistics
established by section 406; and
``(F) such other units as the Secretary deems appropriate
to carry out the purposes of the Office.
``(3) Priorities in research and development.--The Office
shall, in accordance with the provisions of this section,
seek to improve education in the United States through
concentrating the resources of the Office on the following
priority research and development needs:
``(A) The education of at-risk students.
``(B) The education and development of young children.
``(C) Student achievement in elementary and secondary
school.
``(D) Postsecondary education, libraries, and lifelong
learning for adults.
``(E) The improvement of schools through the restructuring
and reform of school governance, policymaking, finance and
management at the State, local, school building, and
classroom level.
``(c) Appointment of Employees.--
``(1) In general.--The Assistant Secretary may appoint, for
terms not to exceed three years (without regard to the
provisions of title 5 of the United States Code governing
appointment in the competitive service) and may compensate
(without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates) such
scientific or technical employees of the Office as the
Assistant Secretary considers necessary to accomplish its
functions, provided that--
``(A) at least 60 days prior to the appointment of any such
employee, public notice is given of the availability of such
position and an opportunity is provided for qualified
individuals to apply and compete for such position;
``(B) the rate of basic pay for such employees does not
exceed the maximum rate of basic pay payable for positions at
GS-15, as determined in accordance with section 5376 of title
5, United States Code;
``(C) the appointment of such employee is necessary to
provide the Office with scientific or technical expertise
which could not otherwise be obtained by the Office through
the competitive service; and
``(D) the total number of such employees does not exceed
one-fifth of the number of full-time, regular scientific or
professional employees of the Office.
``(2) Reappointment of employees.--The Assistant Secretary
may reappoint employees described in paragraph (1) upon
presentation of a clear and convincing justification of need,
for one additional term not to exceed 3 years. All such
employees shall work on activities of the Office and shall
not be reassigned to other duties outside the Office during
their term.
``(d) Authority to Publish.--
``(1) In general.--The Assistant Secretary is authorized to
prepare and publish such information, reports, and documents
as may be of value in carrying out the purposes of sections
405 through 405D without further clearance or approval by the
Secretary or any other office of the Department.
``(2) Quality assurance.--In carrying out such authority,
the Assistant Secretary shall--
``(A) establish such procedures as may be necessary to
assure that all reports and publications issued by the Office
are of the highest quality; and
``(B) provide other offices of the Department with an
opportunity to comment upon any report or publication prior
to its publication when its contents relate to matters for
which such office has responsibility.
``(e) Biennial Report on Activities of Office.--The
Assistant Secretary shall transmit to the President and the
Congress by not later than December 30 of every other year a
biennial report which shall consist of--
``(1) a description of the activities carried out by and
through each research institute during the fiscal years for
which such report is prepared and any recommendations and
comments regarding such activities as the Assistant Secretary
considers appropriate;
``(2) a description of the activities carried out by and
through the national education dissemination system
established by section 405C during the fiscal years for which
such report is prepared and any recommendations and comments
regarding such activities as the Assistant Secretary
considers appropriate;
``(3) such written comments and recommendations as may be
submitted by the Board concerning the activities carried out
by and through each of the institutes and the national
education dissemination system during the fiscal years for
which such report is prepared and how such activities relate
to the Research Policies and Priorities Plan developed by the
Board;
``(4) a description of the coordination activites
undertaken pursuant to section 405(f) during the fiscal years
for which such report is prepared;
``(5) recommendations for legislative and administrative
changes necessary to improve the coordination of all
educational research, development, and dissemination
activities carried out within the Federal Government,
particularly within the priority research and development
needs identified in section 405(b)(3); and
``(6) such additional comments, recommendations, and
materials as the Assistant Secretary considers appropriate.
``(f) Coordination.--With the advice and assistance of the
Board, the Assistant Secretary shall establish and maintain
an ongoing program of activities designed to improve the
coordination of education research, development, and
dissemination and activities within the Department and within
the Federal Government, particularly within the priority
research and development needs identified in section
405(b)(3), in order to--
``(1) minimize duplication in education research,
development, and dissemination carried out by the Federal
Government;
``(2) maximize the value of the total Federal investment in
education research, development, and dissemination; and
``(3) enable all entities engaged in education research,
development, and dissemination within the Federal Government
to interact effectively as partners and take full advantage
of the diverse resources and proficiencies which each entity
has available.
``(g) Activities Required With Respect to Coordination.--In
carrying out such program of coordination, the Assistant
Secretary shall compile (and thereafter regularly maintain)
and make available a comprehensive inventory of all education
research, development, dissemination activities, and
expenditures being carried out by the Federal Government
within the priority research and development needs identified
in section 405(b)(3).
``(h) Standards for Conduct and Evaluation of Research.--
``(1) In general.--In consultation with the Board, the
Assistant Secretary shall develop such standards as may be
necessary to govern the conduct and evaluation of all
research, development, and dissemination activities carried
out by the Office to assure that such activities meet the
highest standards of professional excellence. In developing
such standards, the Assistant Secetary shall review the
procedures utilized by the National Institutes of Health, the
National Science Foundation, and other Federal agencies
engaged in research and development and shall also actively
solicit recommendations from the the National Academy of
Sciences, the American Educational Research Association and
members of the general public.
``(2) Contents of standards.--Such standards shall at a
minimum--
``(A) require that a system of peer review be utilized by
the Office--
``(i) in reviewing and evaluating all applications for
grants and cooperative agreements and bids for those
contracts which exceed $100,000;
``(ii) in evaluating and assessing the performance of all
recipients of grants from and cooperative agreements and
contracts with the Office; and
``(iii) in reviewing and designating exemplary and
promising programs in accordance with section 405C(d);
``(B)(i) specify the composition of peer review panels, the
criteria for the selection of members of such panels, and
describe the means by which potential members shall be
identified so as to assure that such panels are broadly
representative of individuals with expertise in matters
relevant to the purposes of each such panel;
``(ii) prohibit the consideration of partisan affiliation
in the selection of any member of a peer review panel;
``(iii) describe the general procedures which shall be used
by each peer review panel in its operations;
``(iv) prohibit the participation by a member of a peer
review panel in the review of any application in which such
member has any financial interest; and
``(v) require that transcripts, minutes, and other
documents made available to or prepared for or by a peer
review panel will be available for public inspection to the
extent consistent with the Freedom of Information Act, the
Federal Advisory Committee Act, the Privacy Act, and other
laws;
``(C)(i) describe the procedures which shall be utilized in
evaluating applications for grants, proposed cooperative
agreements, and contract bids;
``(ii) specify the criteria and factors which shall be
considered in making such evaluations; and
``(iii) provide that any decision to fund a grant,
contract, or cooperative agreement out of its order of
ranking by a peer review panel shall be first fully justified
in writing and that copies of such justification shall be
transmitted to the Board, unless such action is required by
some other provision of law;
``(D)(i) describe the procedures which shall be utilized in
reviewing educational programs which have been identified by
or submitted to the Secretary for evaluation in accordance
with section 405C(d); and
``(ii) specify the criteria which shall be used in
recommending programs as exemplary and promising; and
``(E)(i) require that the performance of all recipients of
grants from and contracts and cooperative agreements with the
Office shall be periodically evaluated, both during and at
the conclusion of their receipt of assistance;
``(ii) describe the procedures and means by which such
evaluations shall be undertaken, including--
``(I) the frequency of such evaluations;
``(II) the criteria, outcome measures, and other factors
which shall be taken into account; and
``(III) measures to assure that on-site evaluations of
performance shall be utilized to the extent appropriate and
whenever practicable; and
``(iii) provide that the results of such evaluations shall
be taken into account prior to any decision to continue,
renew, or provide new funding to the entity being reviewed.
[[Page 166]]
``(3) Publication and promulgation of standards.--
``(A) The Assistant Secretary shall publish proposed
standards--
``(i) which meet the requirements of subparagraphs (A),
(B), and (C) of paragraph (2) not later than 1 year after the
date of the enactment of the Educational Research,
Development, and Dissemination Excellence Act;
``(ii) which meet the requirements of paragraph (2)(D) not
later than 2 years after such date; and
``(iii) which meet the requirements of subparagraph (E) of
paragraph (2) not later than 3 years after such date;
``(B) Following the publication of such proposed standards,
the Assistant Secretary shall solicit comments from
interested members of the public with respect to such
proposed standards for a period of not more than 120 days.
After giving due consideration to any comments which may have
been received, the Assistant Secretary shall transmit such
standards to the Board for its review and approval.
``(C) Upon the approval of the Board, the Assistant
Secretary shall transmit final standards to the Secretary
which meet the requirements of the particular subparagraphs
of paragraph (2) for which they were developed. Such
standards shall be binding upon all activities carried out
with funds appropriated under section 405.
``(i) Additional Responsibilities of the Assistant
Secretary.--In carrying out the activities and programs of
the Office, the Assistant Secretary shall--
``(1) be guided by the Research Priorities Plan developed
by the Board;
``(2) ensure that there is broad and regular public and
professional involvement from the educational field in the
planning and carrying out of the Office's activities,
including establishing teacher advisory boards for any
program office, program or project of the Office as the
Assistant Secretary deems necessary;
``(3) ensure that the selection of research topics and the
administration of the program are free from undue partisan
political influence; and
``(4) ensure that all statistics and other data collected
and reported by the Office shall be collected, cross-
tabulated, analyzed, and reported by sex within race or
ethnicity and socioeconomic status whenever feasible (and
when such data collection or analysis is not feasible, ensure
that the relevant report or document includes an explanation
as to why such data collection or analysis is not feasible).
``(j) Definitions.--For purposes of this section and
sections 405A through 405D:
``(1) The term `Assistant Secretary' means the Assistant
Secretary for Educational Research and Improvement
established by section 202 of the Department of Education
Organization Act.
``(2) The term `at-risk student' means a student who,
because of limited English proficiency, poverty, geographic
location, or educational or economic disadvantage, faces a
greater risk of low educational achievement and has greater
potential for dropping out of school.
``(3) The term `Board' means the National Educational
Research Policy and Priorities Board.
``(4) The term `educational research' includes basic and
applied research, development, planning, surveys,
assessments, evaluations, investigations, experiments, and
demonstrations in the field of education and other fields
relating to education.
``(5) The term `development'--
``(A) means the systematic use, adaptation, and
transformation of knowledge and understanding gained from
research to create alternatives, policies, products, methods,
practices, or materials which can contribute to the
improvement of educational practice; and
``(B) includes the design and development of prototypes and
the testing of such prototypes for the purposes of
establishing their feasibility, reliability, and cost-
effectiveness.
``(6) The term `technical assistance' means the provision
of external assistance to facilitate the adoption or
application of the knowledge gained from educational research
and development and includes--
``(A) problem analysis and diagnosis;
``(B) assistance in finding, selecting, or designing
suitable solutions and approaches to problems;
``(C) training in the installation and implementation of
products, programs, policies, practices, or technologies; and
``(D) such other assistance as may be necessary to
encourage the adoption or application of such knowledge.
``(7) The term `dissemination' means the transfer of
knowledge and products gained through research and includes--
``(A) the use of communication techniques to increase
awareness of such knowledge and products;
``(B) the provision of comparative and evaluative
information necessary to enable educators, school
administrators, and others to assess and make informed
judgments about the relevance and usefulness of such
knowledge and products in specific settings; and
``(C) the provision of technical assistance needed to
adapt, apply, and utilize such knowledge and products in
specific educational settings.
``(8) The term `national education dissemination system'
means the activities carried out by the Office of Reform
Assistance and Dissemination established by section 405C.
``(9) The term `Office' means the Office of Educational
Research and Improvement established in section 209 of the
Department of Education Organization Act.
``(10) The term `national research institute' means an
institute established in section 405B.
``(11) The terms `United States' and `State' include the
District of Columbia and the Commonwealth of Puerto Rico.
``(k) Authorization of Appropriations.--
``(1) National institutes.--
``(A) For the purpose of carrying out section 405B, there
is authorized to be appropriated $37,000,000 for fiscal year
1994.
``(B) For the purpose of carrying out the provisions of
section 405B relating to the National Institute for Student
Achievement, there are authorized to be appropriated
$20,000,000 for fiscal year 1995, and such sums as are
necessary for each of fiscal years 1996 and 1997.
``(C) For the purpose of carrying out the provisions of
section 405B relating to the National Institute for the
Education of At-Risk Students, there are authorized to be
appropriated $20,000,000 for fiscal year 1995, and such sums
as are necessary for each of fiscal years 1996 and 1997.
``(D) For the purpose of carrying out the provisions of
section 405B relating to the National Institute for
Innovation in Educational Governance, Finance, Policy-Making,
and Management, there are authorized to be appropriated
$20,000,000 for fiscal year 1995, and such sums as are
necessary for each of fiscal years 1996 and 1997.
``(E) For the purpose of carrying out the provisions of
section 405B relating to the National Institute for Early
Childhood Development and Education, there are authorized to
be appropriated $20,000,000 for fiscal year 1995, and such
sums as are necessary for each of fiscal years 1996 and 1997.
``(F) For the purpose of carrying out the provisions of
section 405B relating to the National Institute of
Postsecondary Education, Libraries, and Lifelong Learning,
there are authorized to be appropriated $20,000,000 for
fiscal year 1995, and such sums as are necessary for each of
fiscal years 1996 and 1997.
``(2) National education dissemination system.--
``(A)(i) For the purpose of carrying out subsections (b)(2)
through (g) of section 405C, there are authorized to be
appropriated $22,000,000 for fiscal year 1994, and such sums
as are necessary for each of the fiscal years 1995 through
1997.
``(ii) Of the amount appropriated under clause (i) for any
fiscal year, the Secretary shall make available not less than
$7,175,000 to carry out subsection (f) of section 405C
(relating to clearinghouses).
``(B) For the purpose of carrying out subsection (h) of
section 405C (relating to regional educational laboratories),
there are authorized to be appropriated $37,000,000 for
fiscal year 1994, and such sums as are necessary for each of
the fiscal years 1995 through 1997. Of the amounts
appropriated under the preceding sentence for a fiscal year,
the Secretary shall obligate not less than 25 percent to
carry out such purpose with respect to rural areas (including
schools funded by the Bureau of Indian Affairs which are
located in rural areas).
``(C) For the purpose of carrying out subsection (j) of
section 405C (relating to the teacher research dissemination
network) there are authorized to be appropriated $30,000,000
for fiscal year 1994, and such sums as are necessary for each
of the fiscal years 1995 through 1997.
``(D) For the purpose of carrying out subsection (i) of
section 405C (relating to the Goals 2000 Community
Partnerships program), there are authorized to be
appropriated $30,000,000 for fiscal year 1994, $50,000,000
for fiscal year 1995, and such sums as are necessary for each
of the fiscal years 1996 and 1997.
``(3) National educational research policy and priorities
board.--Of the amounts appropriated under paragraphs (1) and
(2) for any fiscal year, the Secretary shall make available 2
percent of such amounts, or $1,000,000, whichever is less, to
the Board for the purpose of carrying out section 405A.
``(4) Allocations for grants, cooperative agreements, and
contracts.--Of the amounts appropriated under paragraph (1)
or (2) for any fiscal year, not less than 95 percent shall be
expended to carry out the purposes described in such
paragraphs through grants, cooperative agreements, or
contracts.
``(5) Limitations on appropriations.--No amounts are
authorized to be appropriated under paragraph (1) or (2) for
fiscal year 1995 or any fiscal year thereafter unless the
Board has been appointed in accordance with section 405A.
``(6) Grant authorized.--From the amounts appropriated
under paragraph (1) for fiscal year 1995, the Secretary is
authorized, in accordance with the provisions of this
paragraph, to award a grant of not more than $5,000,000 to a
public or private institution, agency or organization for a
period not to exceed five years for the purpose of conducting
a State-by-State poll to determine the perceptions of recent
graduates of secondary schools, their instructors in
institutions of higher education, parents of recent such
graduates, and employers of recent such graduates on how well
schools have prepared students for further education or
employment. The grant shall be awarded on a competitive basis
and shall be matched on a two-to-one basis, with the Federal
Government contributing one-third of the total costs of the
poll.''.
[[Page 167]]
SEC. 212. ASSISTANT SECRETARY FOR EDUCATIONAL RESEARCH AND
IMPROVEMENT.
Subsection (b) of section 202 of the Department of
Education Organization Act is amended--
(1) in paragraph (1)--
(A) by striking subparagraph (E); and
(B) by redesignating subparagraphs (F) and (G) as
subparagraphs (E) and (F), respectively; and
(2) by adding at the end the following new paragraph:
``(3) There shall be in the Department an Assistant
Secretary for Educational Research and Improvement who shall
be--
``(A) appointed by the President, by and with the consent
of the Senate; and
``(B) selected in consultation with the National
Educational Research Policy and Priorities Board from among
individuals who--
``(i) are distinguished educational researchers;
``(ii) have proven management ability; and
``(iii) have substantial knowledge of education within the
United States.''.
SEC. 213. SAVINGS PROVISION.
Notwithstanding any other provision of law, contracts for
the regional educational laboratories, education resources
information clearinghouses and research and development
centers assisted under section 405 of the General Education
Provisions Act on the date of the enactment of this Act shall
remain in effect until the termination date of such
contracts.
SEC. 214. EXISTING GRANTS AND CONTRACTS.
Notwithstanding any other provision of law, grants and
contracts for the research and development centers assisted
under section 405 of the General Education Provisions Act on
the date of enactment of this Act shall remain in effect
until the termination date of such grants or contracts, as
the case may be, except that such grants and contracts may be
extended to implement the provisions of this Act.
PART B--NATIONAL EDUCATIONAL RESEARCH POLICY AND PRIORITIES BOARD
SEC. 221. ESTABLISHMENT WITHIN OFFICE OF EDUCATIONAL RESEARCH
AND IMPROVEMENT.
Part A of the General Education Provisions Act (20 U.S.C.
1221e et seq.) is amended by inserting after section 405 the
following new section:
``national educational research policy and priorities board
``Sec. 405A. (a) In General.--There is established within
the Office a National Educational Research Policy and
Priorities Board (hereafter in this section referred to as
the `Board').
``(b) Functions.--It shall be the responsibility of the
Board, acting through the Assistant Secretary--
``(1) to determine priorities that should guide the work of
the Office and provide guidance to the Congress in its
oversight of the Office;
``(2) to review and approve standards for the conduct and
evaluation of all research, development, and dissemination
carried out under the auspices of the Office pursuant to
sections 405 through 405C; and
``(3) to regularly review, evaluate, and publicly comment
upon, the implementation of its recommended priorities and
policies by the Department and the Congress.
``(c) Research Priorities Plan.--In cooperation with the
Assistant Secretary, the Board shall--
``(1) survey and assess the state of knowledge in education
research, development and dissemination to identify
disciplines and areas of inquiry within the priority
research, development and dissemination needs identified in
section 405(b)(3) in which the state of knowledge is
insufficient and which warrant further investigation, taking
into account the views of both education researchers and
practicing educators;
``(2) consult with the National Education Goals Panel and
other authorities on education to identify national
priorities for the improvement of education;
``(3) actively solicit recommendations from education
researchers, teachers, school administrators, cultural
leaders, parents, and others throughout the Nation through
such means as periodic regional forums;
``(4) provide recommendations for the development,
maintenance, and assurance of a strong infrastructure for
education, research, and development in the United States;
and
``(5) on the basis of such recommendations, develop a
research priorities program which shall recommend priorities
for the investment of the resources of the Office over the
next 5-, 10-, and 15-year periods, including as priorities
those areas of inquiry in which further research, development
and dissemination--
``(A) is necessary to attain the goals for the improvement
of education identified in paragraph (2);
``(B) promises to yield the greatest practical benefits to
teachers and other educators in terms of improving education;
and
``(C) will not be undertaken in sufficient scope or
intensity by the other Federal and non-Federal entities
engaged in education research and development.
``(d) Contents of Plan--
``(1) In general.--The research and priorities plan
described in subsection (c) shall, at a minimum--
``(A) set forth specific objectives which can be expected
to be achieved as a result of a Federal investment in the
priorities set forth in the plan;
``(B) include recommendations with respect to research and
development on cross-cutting issues which should be carried
out jointly by 2 or more of the research institutes; and
``(C) include an evaluative summary of the educational
research and development activities undertaken by the Federal
government during the preceding 2 fiscal years which shall
describe--
``(i) what has been learned as a result of such activities;
``(ii) how such new knowledge or understanding extends or
otherwise relates to what had been previously known or
understood;
``(iii) the implications of such new knowledge or
understanding for educational practice and school reform; and
``(iv) any development, reform, and other assistance
activities which have utilized such knowledge or
understanding and the effects of such efforts.
``(2) Report.--
``(A) Not later than 6 months after the first meeting of
the Board and October 1 of every second year thereafter, the
Assistant Secretary shall publish a report specifying the
proposed research priorities of the Office and allow a 60-day
period beginning on the date of the publication of the report
for public comment and suggestions.
``(B) Not later than 90 days after the expiration of the
60-day period referred to in subparagraph (A), the Assistant
Secretary shall submit to the President and the Congress a
report specifying the research priorities of the Office and
any public comment and suggestions obtained under such
subparagraph.
``(e) Additional Responsibilities of the Board.--It shall
also be the responsibility of the Board to--
``(1) provide advice and assistance to the Assistant
Secretary in carrying out the coordination activities
described in section 405;
``(2) make recommendations to the Assistant Secretary of
persons qualified to fulfill the responsibilities of the
Director for each research institute established by section
405B after making special efforts to identify qualified women
and minorities and soliciting and giving due consideration to
recommendations from professional associations and interested
members of the public;
``(3) advise and make recommendations to the President with
respect to individuals who are qualified to fulfill the
responsibilities of the Assistant Secretary for the Office of
Educational Research and Improvement; and
``(4) review and approve standards for the conduct and
evaluation of research developed by the Assistant Secretary
pursuant to subsection (h) of section 405.
``(f) Standing Subcommittees.--
``(1) Establishment; functions.--The Board shall establish
a standing subcommittee for each of the Institutes
established by subsection (a) of section 405B and for the
Office of Reform Assistance and Dissemination established by
subsection (b) of section 405C which shall advise, assist,
consult with and make recommendations to the Assistant
Secretary, the Board, the Director of such entity and the
Congress on matters related to the activities carried out by
and through such entities.
``(2) Composition.--
``(A) Each standing subcommittee shall consist of 3 members
of the Board and 6 additional individuals appointed by the
Board who have significant experience in and knowledge of the
disciplines relevant to the purposes of the entity for which
the subcommittee is established.
``(B) The Board shall assure that the membership of each
subcommittee includes both educational researchers and
persons who are knowledgeable about the research, development
and dissemination needs of practitioners, including classroom
teachers, school administrators, and members of State or
local boards of education.
``(g) Powers of the Board.--In carrying out its functions,
powers, and responsibilities, the Board--
``(1) shall, without regard to the provisions of title 5,
United States Code, relating to the appointment and
compensation of officers or employees of the United States,
appoint a director to be paid at a rate not to exceed the
rate of basic pay payable for level V of the Executive
Schedule who shall assist in carrying out and managing the
activities of the Board and perform such other functions the
Board determines to be necessary and appropriate;
``(2) shall hire its own staff through routine government
procedures;
``(3) may arrange for the detail of staff personnel and
utilize the services and facilities of any agency of the
Federal Government;
``(4) may enter into contracts, or make other arrangements
as may be necessary to carry out its functions;
``(5) may review any grant, contract, or cooperative
agreement made or entered into by the Office;
``(6) may, to the extent otherwise permitted by law, obtain
directly from any department or agency of the United States
such information as it deems necessary to carry out its
responsibilities;
``(7) may convene workshops and conferences, collect data,
and establish subcommittees which may be composed of members
of the Board and nonmember consultants (including employees
of the Department) with expertise in the particular area
addressed by such subcommittees; and
[[Page 168]]
``(8) shall establish such rules and procedures to govern
its operations as it considers appropriate, to the extent
otherwise permitted by law.
``(h) Membership in General.--
``(1) Qualifications.--The members of the Board shall be
eminent persons who, by virtue of their training, experience,
and background, are exceptionally qualified to appraise the
educational research and development effort of the Nation and
to establish policies and priorities to govern future Federal
investment in educational research, development, and
dissemination.
``(2) Broad representation.--Due consideration shall be
given to the gender, race, and ethnicity of appointees to
assure that the Board is broadly representative of the
diversity of the Nation.
``(3) Limitation.--A voting member of the Board may not
serve on any other governing or advisory board within the
Department of Education.
``(4) Conflict of interest.--A voting member of the Board
shall be considered a special Government employee for the
purposes of the Ethics in Government Act of 1978.
``(i) Secretarial Appointments.--The Board shall consist of
18 members appointed by the Secretary. Of the members of the
Board--
``(1) seven shall be appointed from among researchers in
the field of education who have been nominated by the
National Academy of Sciences and the National Academy of
Education (giving due consideration to recommendations made
by the American Educational Research Association), including
persons who are among the leading authorities on early
childhood education and the education of at-risk students;
``(2) five shall be outstanding field-based professional
educators;
``(3) one shall be a Chief State School Officer;
``(4) one shall be a local education agency school
superintendent or principal;
``(5) one shall be a member of a State or local board of
education or Bureau of Indian Affairs-funded school board;
``(6) one shall be a professional librarian, school library
media specialist, library administrator, or library science
educator;
``(7) one shall be a parent with extensive experience in
promoting parental involvement in education; and
``(8) one shall be an individual from business and industry
with significant experience in promoting private sector
involvement in education.
``(j) Requirements for Nominations by the National Academy
of Sciences and the National Academy of Education.--
``(1) In general.--In making nominations for the members of
the Board described in subsection (i)(1), the National
Academy of Sciences and the National Academy of Education--
``(A) may not nominate any individual who is an elected
officer or employee of such organizations; and
``(B) shall each nominate not less than 5 individuals for
each of the positions on the Board for which such
organization has responsibility for making nominations.
``(2) Request for additional nominations.--In the event
that the Secretary determines that none of the individuals
nominated by the National Academy of Sciences or the National
Academy of Education meets the qualifications for membership
on the Board specified in subsection (i), the Secretary may
request that such organization make additional nominations.
``(k) Nominations for Board Membership.--Prior to
appointing any member of the Board, the Secretary shall
actively solicit and give due consideration to
recommendations of persons qualified for membership on the
board from the National Education Association, the American
Federation of Teachers, the National Parent-Teachers
Association, the American Library Association, the American
Association of School Administrators, the National
Association of State Boards of Education, the National Indian
School Board Association, the Association of Community Tribal
Schools, the National Indian Education Association, and other
education-related organizations and interested members of the
public.
``(l) Ex Officio Members.--The ex officio, nonvoting
members of the Board shall include the Assistant Secretary
and may also include--
``(1) the Director of Research for the Department of
Defense;
``(2) the Director of Research for the Department of Labor;
``(3) the Director of the National Science Foundation;
``(4) the Director of the National Institutes of Health;
``(5) the chair of the National Endowment for the Arts;
``(6) the chair of the National Endowment for the
Humanities;
``(7) the Librarian of Congress; and
``(8) the Director of the Office of Indian Education
Programs of the Department of the Interior.
``(m) Chair.--The Board shall select a Chair from among its
appointed members who shall serve for a renewable term of 2
years.
``(n) Terms of Office.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), the term of office of each voting member of the Board
shall be 5 years.
``(2) Exceptions.--
``(A) Any individual appointed to fill a vacancy occurring
on the Board prior to the expiration of the term for which
the predecessor of the individual was appointed shall be
appointed for the remainder of the term. A vacancy shall be
filled in the same manner in which the original appointment
was made.
``(B) The terms of office of the members of the Board who
first take office after the date of the enactment of the
Educational Research, Development, and Dissemination
Excellence Act shall, as designated by a random selection
process at the time of appointment, be as follows:
``(i) 2 years for each of 6 members of the Board.
``(ii) 3 years for each of 6 members of the Board.
``(iii) 5 years for each of 6 members of the Board.
``(3) Prohibition on certain consecutive terms.--An
individual who has been a member of the Board for 10
consecutive years shall thereafter be ineligible for
appointment during the 5-year period beginning on the date of
the expiration of the 10th year.
``(o) Meetings of Board.--
``(1) Initial meeting.--The Secretary shall ensure that the
first meeting of the Board is held not later than May 15,
1994.
``(2) Subsequent meetings.--The Board shall meet quarterly,
at the call of the Chair, and when at least one-third of the
members of the Board make a written request to meet.
``(3) Quorum.--A majority of the Board shall constitute a
quorum.
``(4) Open meetings.--The Government in the Sunshine Act (5
U.S.C. 552b) shall apply to meetings of the Board.''.
PART C--NATIONAL RESEARCH INSTITUTES
SEC. 231. ESTABLISHMENT WITHIN OFFICE OF EDUCATIONAL RESEARCH
AND IMPROVEMENT.
Part A of the General Education Provisions Act, as amended
by section 221 of this Act, is amended by inserting after
section 405A the following new section:
``national research institutes
``Sec. 405B. (a) Establishment of Institutes.--In order to
fulfill the research and development purposes of the Office,
and to carry out, in accordance with the standards
established by the Board, a program of high-quality and
rigorously evaluated research and development that is capable
of improving Federal, State, Indian tribal, and local
education policies and practices, there are established
within the Office the following institutes:
``(1) The National Institute for the Education of At-Risk
Students.
``(2) The National Institute for Innovation in Educational
Governance, Finance, Policy-Making, and Management.
``(3) The National Institute for Early Childhood
Development and Education.
``(4) The National Institute on Student Achievement.
``(5) The National Institute on Postsecondary Education,
Libraries, and Lifelong Education.
``(b) Directors.--
``(1) In general.--Each Institute established by subsection
(a) shall be headed by a Director who shall be appointed by
the Assistant Secretary from among persons who have
significant experience and expertise in the disciplines
relevant to the purposes of such Institute. Prior to making
such appointment, the Assistant Secretary shall solicit and
give due consideration to recommendations made by the Board
of persons qualfied to fulfill the position.
``(2) Term of office.--The Director of each Institute shall
serve for a renewable term of 3 years.
``(3) Reporting.--Each Director shall report directly to
the Assistant Secretary regarding the activities of the
Institute and shall work with the other directors to promote
research syntheses across the Institutes.
``(c) Authorities and Duties.--
``(1) In general.--The Assistant Secretary is authorized to
conduct research, development, demonstration, and evaluation
activities to carry out the purposes for which such Institute
was established--
``(A) directly;
``(B) through grants, contracts, and cooperative agreements
with institutions of higher education, regional educational
laboratories, public and private organizations, institutions,
agencies, and individuals, which may include--
``(i) grants to support research and development centers
which are--
``(I) awarded competitively for a period of not less than 6
and not more than 10 years;
``(II) funded at not less than $2,000,000 annually in order
to support a full range of basic research, applied research
and dissemination activities, which may also include
development activities; and
``(III) established by institutions of higher education, by
institutions of higher education in consortium with public
agencies or private nonprofit organizations, or by interstate
agencies established by compact which operate subsidiary
bodies established to conduct postsecondary educational
research and development;
``(ii) public-private research partnerships established by
a State or local education agency, Bureau of Indian Affairs-
funded school, or tribal department of education, in concert
with a private organization and a team of educational
researchers, for which the Federal share shall be limited to
not more than 50 percent of the total costs of the project;
``(iii) meritorious unsolicited proposals for educational
research and related activities;
[[Page 169]]
``(iv) proposals that are specifically invited or requested
by the Assistant Secretary, on a competitive basis; and
``(v) dissertation grants, awarded for a period of not more
than 2 years and in a total amount not to exceed $20,000 to
graduate students in the sciences, humanities, and the arts
to support research by such scholars in the field of
education;
``(C) through the provision of technical assistance; and
``(D) through the award of fellowships to support graduate
study in educational research by qualified African-American,
Hispanic, American Indian and Alaska Native, and other
individuals from groups which have been traditionally
underrepresented in the field of educational research which
shall--
``(i) be awarded on the basis of merit for a period of 3
years; and
``(ii) provide stipends to each fellow in an amount which
shall be set at a level of support comparable to that
provided by the National Science Foundation Graduate
Fellowships, except that such amounts shall be adjusted as
necessary so as not to exceed each fellow's demonstrated
level of need.
``(2) Scope and focus of activities.--In carrying out the
purposes for which each Institute is established, the
Assistant Secretary shall--
``(A) maintain an appropriate balance between applied and
basic research;
``(B) significantly expand the role of field-initiated
research in meeting the Nation's education research and
development needs by reserving not less than 15 percent of
the amounts available to each Institute in any fiscal year to
support field-initiated research described in clauses (iii)
through (v) of paragraph (1);
``(C) provide for and maintain a stable foundation of long-
term research and development on core issues and concerns
conducted through university-based research and development
centers by reserving not less than one-third of the amounts
available to each Institute in any fiscal year to support
such research and development centers;
``(D) support and provide research information that leads
to policy formation for State legislatures, State and local
boards of education and other policy and governing bodies, to
assist such entities in identifying and developing effective
policies to promote student achievement and school
improvement; and
``(E) coordinate the Institute's activities with the
activities of the regional educational laboratories and with
other educational service organizations in designing the
Institute's research agenda and projects in order to increase
the responsiveness of such Institute to the needs of teachers
and the educational field and to bring research findings
directly into schools to ensure greatest access at the local
level to the latest research developments.
``(3) Requirements regarding financial assistance.--No
grant, contract, or cooperative agreement may be made under
this section unless--
``(A) sufficient notice of the availability of, and
opportunity to compete for, assistance has first been
provided to potential applicants through notice published in
the Federal Register or other appropriate means;
``(B) it has been evaluated through peer review in
accordance with the standards developed pursuant to
subsection (h) of section 405;
``(C) it will be evaluated in accordance with the standards
developed pursuant to subsection (h) of section 405;
``(D) in the case of a grant, contract, or cooperative
agreement which exceeds $500,000 for a single fiscal year or
$1,000,000 for more than one fiscal year, the Secretary has
complied with the requirements of paragraph (4); and
``(E) in the case of a grant, contract, or cooperative
agreement to support a research and development center, all
applications for such assistance have been evaluated by
independent experts according to standards and criteria which
include--
``(i) whether applicants have assembled a critical mass of
high quality researchers sufficient to achieve the mission of
the center;
``(ii) whether the proposed organizational structure and
arrangements will facilitate achievement of the mission of
the center;
``(iii) whether there is a substantial staff commitment to
the work of the center;
``(iv) whether the directors and staff will devote adequate
time to center activities; and
``(v) review of the contributions of primary researchers
(other than researchers at the proposed center) to evaluate
the appropriateness of such primary researcher's experiences
and expertise in the context of the proposed center
activities, and the adequacy of such primary researcher's
time commitment to achievement of the mission of the center.
``(4) Board review of certain proposed grant and contract
actions.--The Assistant Secretary may not solicit any
contract bid or issue a request for proposals or applications
for any grant or cooperative agreement the amount of which
exceeds $500,000 in any single fiscal year or which exceeds
an aggregate amount of $1,000,000 for more than one fiscal
year unless the Board has had an opportunity to review such
proposed grant, contract, or cooperative agreement action and
to provide written comments to the Assistant Secretary with
respect to whether--
``(A) the purposes and scope of the proposed action are
consistent with the Research Priorities Plan; and
``(B) the methodology and approach of the proposed action
are sound and adequate to achieve its stated objectives.
``(5) Historically underutilized researchers and
institutions.--The Assistant Secretary shall establish and
maintain initiatives and programs to increase the
participation in the activities of each Institute of groups
of researchers and institutions that have been historically
underutilized in Federal educational research activities,
including--
``(A) researchers who are women, African-American,
Hispanic, American Indian and Alaska Native, or other ethnic
minorities;
``(B) promising young or new researchers in the field, such
as postdoctoral students and recently appointed assistant or
associate professors;
``(C) historically black colleges and universities,
tribally controlled community colleges, and other
institutions of higher education with large numbers of
minority students;
``(D) institutions of higher education located in rural
areas; and
``(E) institutions and researchers located in States and
regions of the Nation which have historically received the
least Federal support for educational research and
development.
``(6) Additional authorities.--The Assistant Secretary--
``(A) may obtain (in accordance with section 3109 of title
5 but without regard to the limitation in such section on the
period of service) the services of experts or consultants
with scientific or professional qualifications in the
disciplines relevant to the purposes of such Institute;
``(B) may use, with their consent, the services, equipment,
personnel, information, and facilities of other Federal,
State, or local public agencies, with or without
reimbursement therefor;
``(C) may accept voluntary and uncompensated services; and
``(D) may accept unconditional gifts made to the Office to
support its activities.
``(d) National Institute for the Education of At-Risk
Students.--
``(1) Findings.--The Congress finds as follows:
``(A) The rate of decline in our urban schools is
escalating at a rapid pace. Student performance in most inner
city schools grows worse each year. At least half of all
students entering ninth grade fail to graduate 4 years later
and many more students from high-poverty backgrounds leave
school with skills that are inadequate for today's workplace.
In 1988 the average National Assessment of Educational
Progress (NAEP) reading score of white 17 year-olds was
approximately 20 points higher than that of African-American
17 year-olds and 25 points higher than that of Hispanic 17
year-olds. None of the existing Federal educational research
and development programs are adequately addressing this
obvious emergency.
``(B) Rural schools enroll a disproportionately large share
of the Nation's poor and at-risk students and yet often lack
the means to address effectively the needs of these children.
Intensive efforts must be made to overcome the problems of
geographic isolation, declining population, inadequate
financial resources and other impediments to the educational
success of children residing in rural areas.
``(C) By the year 2000, an estimated 3.4 million school age
children with limited English language proficiency will be
entering the school system. The Federal Government must
develop effective policies and programs to address the
educational needs of this growing population of children who
are at increased risk for educational failure.
``(D) An educational emergency exists in those urban and
rural areas where there are large concentrations of children
who live in poverty. The numbers of educationally
disadvantaged children will substantially increase by the
year 2020, when the number of impoverished children alone
will be 16.5 million, a 33 percent increase over the 12.4
million children in poverty in 1987.
``(E) American Indian and Alaska Native students are keenly
at-risk of educational failure, with demonstrated high
dropout, illiteracy and poverty rates, and cultural,
linguistic, social and geographic isolation. The estimated
400,000 Indian and Alaska Native student population from over
500 Indian and Alaska Native tribes, is small and scattered
throughout remote reservations and villages in 32 States, and
in off-reservation rural and urban communities where Indians
constitute but a small percentage of public school student
bodies. To meaningfully address the special educational needs
of this historically under-served population, the existing
research and development system must be opened to Indian and
Alaska Native people to identify needs and design ways to
address such needs.
``(F) Minority scholars as well as institutions and groups
that have been historically committed to the improvement of
the education of at-risk students need to be more fully
mobilized in the effort to develop a new generation of
programs, models, practices, and schools capable of
responding to the urgent needs of students who are
educationally at-risk.
``(2) Purpose.--It shall be the purpose of the Institute
for the Education of At-Risk Students to carry out a
coordinated and comprehensive program of research and
development to provide nonpartisan, research-based leadership
to the Nation as it seeks to improve educational
opportunities for students who are at-risk for educational
failure, particularly children who reside in inner city
[[Page 170]]
and rural areas, and on Indian reservations, and children of
limited English proficiency. Such program shall--
``(A) undertake research necessary to provide a sound basis
from which to identify, develop, evaluate, and assist others
to replicate and adapt interventions, programs, and models
which promote greater achievement and educational success by
at-risk students, such as--
``(i) methods of instruction and educational practices
(including community services) which improve the achievement
and retention of at-risk students;
``(ii) means by which parents and community resources and
institutions (including cultural institutions) can be
utilized to support and improve the achievement of at-risk
students;
``(iii) the training of teachers and other educational
professionals and paraprofessionals to work more effectively
with at-risk students;
``(iv) the most effective uses of technology in the
education of at-risk students;
``(v) programs designed to promote gender equity in schools
that serve at-risk students; and
``(vi) methods of assessing the achievement of students
which are sensitive to cultural differences, provide multiple
methods of assessing student learning, support student
acquisition of higher order capabilities, and enable
identification of the effects of inequalities in the
resources available to support the learning of children
throughout the Nation; and
``(B) maximize the participation of those schools and
institutions of higher education that serve the greatest
number of at-risk students in inner city and rural areas, and
on Indian reservations, including model collaborative
programs between schools and school systems, institutions of
higher education, cultural institutions, and community
organizations.
``(3) Comprehensive research program.--The Institute shall
support a diverse and comprehensive program of research and
development which shall include research related to the
educational needs of--
``(A) at-risk students who reside in urban areas;
``(B) at-risk students who reside in rural areas;
``(C) children with limited English language proficiency;
and
``(D) Indian and Alaska Native students.
``(4) Consultation with indian and alaska native
educators.--All research and development activities supported
by the Institute which relate to the education of Indian and
Alaska Native students shall be developed in close
consultation with Indian and Alaska Native researchers and
educators, tribally controlled community colleges, tribal
departments of education, and others with expertise in the
needs of Indian and Native Alaska students.
``(e) National Institute for Innovation in Educational
Governance, Finance, Policy-Making, and Management.--
``(1) Findings.--The Congress finds as follows:
``(A) Many elementary and secondary schools in the United
States--
``(i) are structured according to models that are
ineffective and rely on notions of management and governance
that may be outdated or insufficient for the challenges of
the next century; and
``(ii) are unsuccessful in equipping all students with the
knowledge and skills needed to succeed as citizens and in the
working world.
``(B) New approaches are needed in the governance and
management of elementary and secondary education with the
United States at the State, local, school building and
classroom level.
``(C) Not enough is known about the effects of various
systems of school governance and management on student
achievement to provide sound guidance to policymakers as they
pursue school restructuring and reform.
``(D) A concentrated Federal effort is needed to support
research, development, demonstration, and evaluation of
approaches to school governance, finance and management which
promise to improve education equity and excellence throughout
the Nation.
``(2) Purpose.--It shall be the purpose of the National
Institute on Innovation in Educational Governance, Finance,
Policy-Making, and Management to carry out a coordinated and
comprehensive program of research and development to provide
nonpartisan, research-based leadership to the Nation as it
seeks to improve student achievement through school
restructuring and reform. Such program shall--
``(A) undertake research necessary to provide a sound basis
from which to identify, develop and evaluate approaches in
governance, finance, policy-making, and management at the
State, local, tribal, school building and classroom level
which promise to improve educational equity and excellence,
such as--
``(i) open enrollment programs, magnet schools and other
systems through which parents may select the public schools
and educational programs in which their children are
enrolled;
``(ii) innovative school design, including lengthening the
school day and the school year, reducing class size and
building professional development into the weekly school
schedule;
``(iii) effective approaches to organizing learning;
``(iv) effective ways of grouping students for learning so
that a student is not labeled or stigmatized in ways that may
impede such student's achievement;
``(v) effective approaches to organizing, structuring, and
financing vocational education;
``(vi) the provision of financial and other rewards and
incentives based on performance to improve student
achievement;
``(vii) the use of regulatory flexibility on the State or
district level to promote innovation and school
restructuring;
``(viii) school-based management;
``(ix) the restructuring of school finance systems at the
State and local level to promote greater equity in the
distribution of resources for education and to maximize the
allocation of such resources to support direct learning;
``(x) expanding the role of teachers in policymaking and
administration at the school and district-wide level;
``(xi) programs designed to increase the involvement of
parents and families in the management and governance of
schools and the education of their children;
``(xii) effective approaches to increasing the
representation of women and minorities among leadership and
management positions in education;
``(xiii) approaches to systemic reforms involving the
coordination of multiple policies of each level of government
to promote higher levels of student achievement;
``(xiv) approaches to coordinated services for children;
and
``(xv) policies related to school to work transitions and
preparing noncollege-bound students; and
``(B) undertake research and development activities
necessary to provide information on the skills required for
successful educational leadership at the State, tribal, and
local level and to enhance the ability of school leaders and
administrators to improve the educational environment for all
students.
``(3) Research on educational choice.--In carrying out the
duties of the Institute, the Assistant Secretary shall
conduct or support research on whether and to what extent the
quality of education in the United States would be improved
by providing public funds to parents for the costs of
attendance of their children at the elementary and secondary
schools of the parents' choice.
``(f) National Institute for Early Childhood Development
and Education.--
``(1) Findings.--The Congress finds as follows:
``(A) The Nation has set as a goal that all children should
arrive at school ready to learn.
``(B) Despite efforts to expand and improve preschool
programs, many children still reach school age unprepared to
benefit from formal education programs.
``(C) Early intervention for disadvantaged children from
conception to age five has been shown to be a highly cost-
effective strategy for reducing later expenditures on a wide
variety of health, developmental, and educational problems
that often interfere with learning. Long-term studies of the
benefits of preschool education have a demonstrated return on
investment ranging from three to six dollars for every one
dollar spent.
``(D) The Federal government should play a central role in
providing research-based information on early childhood
education models which enhance children's development and
ultimately their success in school.
``(2) Purpose.--The purpose of the National Institute for
Early Childhood Development and Education is to carry out a
comprehensive program of research and development to provide
nonpartisan, research-based leadership to the Nation as it
seeks to improve early childhood development and education.
Such program shall identify, develop, evaluate, and assist
others to replicate sound policies and practices that may
include--
``(A) social and educational development of all infants,
toddlers, and preschool children;
``(B) the role of parents and the community in promoting
the successful social and educational development of children
from birth to age five;
``(C) training and preparation of teachers and other
professional and paraprofessional preschool and child care
workers;
``(D) the structure and environment of early childhood
education and child care settings which lead to improved
social and educational development;
``(E) practices and approaches which sustain the benefits
of effective preschool and child care programs;
``(F) effective learning methods and curriculum for early
childhood learning, including access to current materials in
libraries;
``(G) the importance of family literacy and parental
involvement in student learning;
``(H) the impact that outside influences have on learning,
including television, and drug and alcohol abuse; and
``(I) methods for integrating learning in settings other
than the classroom, such as within families and communities,
with a special emphasis on character development and the
value of hard work.
``(3) Certain requirements.--In carrying out the activities
of the Institute, the Assistant Secretary shall--
``(A) place special emphasis on the special early childhood
education needs of at-risk children, children with
disabilities, and girls; and
``(B) ensure that its research and development program
provides information that can be utilized in improving the
major Federal early childhood education programs, including
Head Start, Even Start, chapter 1 pre-
[[Page 171]]
school programs, and part H of the Individuals with
Disabilities Education Act, and Bureau of Indian Affairs
early childhood development programs.
``(g) National Institute on Student Achievement.--
``(1) Findings.--The Congress finds as follows:
``(A) The current achievement levels of students in the
Nation are far below those that might indicate competency in
challenging subject matter in English, mathematics, science,
history, and geography and other areas, or across the subject
areas.
``(B) Very few students demonstrate that they can use their
minds well. In recent assessments, more students are gaining
basic skills, yet fewer are demonstrating a grasp of higher-
level applications of those skills.
``(C) During the past 20 years, relatively little has
changed in how students are taught. Despite much research
suggesting better alternatives, classrooms are still
dominated by textbooks, teacher lectures, and short-answer
activity sheets and unequal patterns of student attention.
``(D) Despite progress in narrowing the gaps, the
differences in performance between white students and their
minority counterparts remain unacceptably large. While
progress has been made in reducing the gender gap in
mathematics, it still remains at higher levels of problem
solving. Too little progress has been made in reducing gender
performance gaps favoring males in science and females in
writing.
``(2) Purpose.--The purpose of the National Institute on
Student Achievement is to carry out a coordinated and
comprehensive program of research and development to provide
research-based leadership to the Nation as it seeks to
improve student achievement in English, mathematics, science,
history, geography, and other subject areas and across the
boundaries of the subject areas. Such program shall--
``(A) identify, develop, and evaluate innovative and
exemplary methods to improve student knowledge at all levels
in English, mathematics, science, history, geography, civics
and government, foreign languages, arts and humanities,
economics, and other subject areas, such as--
``(i) student learning and assessment in various subject
matters;
``(ii) the effects of organizational patterns on the
delivery of instruction, including issues of grouping and
tracking, ungraded classrooms, and on the effects of various
pedagogies, including the issues of technology in education;
``(iii) the best methods of teacher preparation;
``(iv) methods to improve the process of reading, the craft
of writing, the growth of reasoning skills, and the
development of information-finding skills;
``(v) enabling students to develop higher order thinking
skills;
``(vi) methods to teach effectively all students in mixed-
ability classrooms;
``(vii) curriculum, instruction, and assessment, in
vocational education;
``(viii) the impact and effectiveness of Federal, State,
and local efforts to provide gender-fair educational
opportunities to elementary and secondary students; and
``(ix) programs, policies, approaches which promote gender
equity in elementary and secondary education;
``(B) conduct basic and applied research in the areas of
human learning, cognition, and performance, including
research and development on the education contexts which
promote excellence in learning and instruction, and
motivational issues which provide a key to learning;
``(C) identify, develop, and evaluate programs designed to
enhance academic achievement and narrow racial and gender
performance gaps in a variety of subject areas, including
research and development on methods of involving parents in
their children's education and ways to involve business,
industry and other community partners in promoting excellence
in schools; and
``(D) include a comprehensive, coordinated program of
research and development in the area of assessment which--
``(i) addresses such issues as--
``(I) the validity, reliability, generalizability,
fairness, costs, relative merits, and most appropriate uses
of various approaches and methods of assessing student
learning and achievement;
``(II) methods and approaches to assessing student
opportunities to learn (including the quality of instruction
and the availability of resources necessary to support
learning) and evaluating the quality of school environment;
``(III) the design, development, evaluation, and validation
of model performance-based and other alternative or
innovative formats or uses of assessments;
``(IV) the impact of high-stakes uses of assessment on
student performance and motivation, narrowing of curriculum,
teaching practices, and test integrity;
``(V) the fairness and impact of various methods of
assessment on children of different races, ethnicities,
gender, socioeconomic status, English language proficiencies,
and children with other special needs;
``(VI) standards of performance, quality, and validity for
various methods of assessment and the means by which such
standards should be developed;
``(VII) current and emerging testing practices of State and
local education agencies within the United States, as well as
other nations;
``(VIII) the diverse effects, both intended and unintended,
of assessments as actually used in the schools, including
effects on curriculum and instruction, effects on equity in
the allocation of resources and opportunities, effects on
equity of outcomes, effects on other procedures and standards
for judging students and practitioners and possible inflation
of test scores;
``(IX) identifying and evaluating how students with limited
English language proficiency and students with disabilities
are included and accommodated in the various assessment
programs of State and local education agencies; and
``(X) the feasibility and validity of comparing or equating
the results of different assessments;
``(ii) reflects recommendations made by the National
Education Goals Panel (provided such panel has been
authorized by law);
``(iii) complies with the `Standards for Educational and
Psychological Tests' developed by the American Psychological
Association, the National Council on Measurement in
Education, and the American Educational Research Association;
``(iv) is consistent with the `Criteria for Evaluation of
Student Assessment Systems' developed by the National Forum
on Assessment; and
``(v) complies with the `Code of Fair Testing Practices in
Education' developed by the Joint Committee on Testing
Practices.
For purposes of this subparagraph, the term `development'
means the development of prototypes for the purposes of
research and evaluation.
``(h) National Institute for Postsecondary Education,
Libraries, and Lifelong Learning.--
``(1) Findings.--The Congress finds as follows:
``(A) The American system of postsecondary education is
foremost in the world in its achievement of both academic
excellence and equity in access, but maintaining that
preeminence requires renewed efforts to strengthen the
quality of postsecondary education. Disappointing student
performance on achievement tests and licensure examinations,
declining rates of persistence and completion among
minorities, and other troubling trends in the quality of
postsecondary education must be addressed by the Nation as
part of its overall drive to improve American education.
``(B) The need to improve our Nation's economic
productivity to meet the competitive challenges of a new,
international economy, coupled with high levels of mobility
in the United States labor market and demographic changes in
the workforce, now demands more and higher quality programs
of learning and training in the American workplace.
``(C) The more than 1,000,000 men and women incarcerated in
the Nation's prisons and jails are among the most severely
educationally disadvantaged in the United States, with high
rates of functional illiteracy and extremely low levels of
educational attainment. Since an estimated 90 percent of
these individuals are expected to be released by the end of
the decade, the Nation must act to assure that our
correctional system has the means to equip these Americans
with the knowledge and skills they will need to participate
productively in our society.
``(D) The development of a `Nation of Students' capable of
and committed to the pursuit of formal and informal lifelong
learning is essential to sustain both national and individual
economic success and to provide a nurturing environment in
which all children and youth can learn and achieve.
Historically the most effective community resource for
lifelong learning, the Nation's public library system must
expand and restructure its delivery of services to take full
advantage of the potential of new information technologies to
meet the needs of learning communities.
``(2) Purpose.--The purpose of the National Institute for
Postsecondary Education, Libraries, and Lifelong Learning is
to promote greater coordination of Federal research and
development on issues related to adult learning and to carry
out a program of research and development in adult learning
to provide nonpartisan, research-based leadership to the
Nation as it seeks to improve libraries, postsecondary
education, and lifelong learning throughout the United
States. Such program--
``(A) shall promote greater coordination, cooperation, and
interaction among entities within the Federal Government
which support research and development related to
postsecondary education, libraries, and lifelong learning;
``(B) shall enable greater collaboration among entities
within the Federal Government which support research and
development related to postsecondary education, libraries,
and lifelong learning by supporting research and development
projects which are carried out jointly by such entities;
``(C) shall support research and development in those areas
of postsecondary education, libraries, and lifelong learning
which are not being addressed sufficiently by other entities
within the Federal Government;
``(D) may include basic and applied research, development,
replication, and evaluation activities in such areas as--
``(i) methods of assessing and evaluating individual,
program, and institutional performance;
``(ii) the uses and applications of new technologies to
improve program effectiveness and enhance student learning;
[[Page 172]]
``(iii) practices, policies, and programs which address the
unique needs of adult learners, including--
``(I) institutional and classroom policies and practices at
the postsecondary level necessary to improve matriculation,
persistence, achievement and graduation by students who are
economically disadvantaged, ethnic and racial minorities,
women, older, working, and who have children;
``(II) instructional practices and programs which are
effective in correctional settings;
``(III) new models of service delivery for public library
systems which expand opportunities for lifelong learning;
``(IV) effective programs and approaches which promote
greater access to and success by minorities in postsecondary
programs which prepare them for scientific, technical,
teaching, and health career fields;
``(V) effective approaches to work-based learning; and
``(VI) the most effective training methods for adults to
upgrade education and vocational skills;
``(iv) the effectiveness of Historically Black Colleges and
Universities, Tribally-Controlled Indian Community Colleges,
women's colleges, and other special mission institutions in
fulfilling their mission of providing access and equal
opportunity in higher education;
``(v) the quality of higher education at all levels and the
roles and responsibilities of regional and national
accrediting agencies in assuring the quality and relevance of
academic goals and objectives established by institutions of
higher education;
``(vi) approaches to improving the productivity of
colleges, community colleges, universities, and other
postsecondary institutions;
``(vii) financial barriers to postsecondary educational
opportunity, including--
``(I) the role of Federal programs authorized under title
IV of the Higher Education Act and State grant and work
programs in mitigating such barriers;
``(II) the impact of the rising total cost of postsecondary
education on access to higher education; and
``(III) the extent and impact of student reliance on loans
to meet the costs of higher education;
``(viii) opportunities for adults to continue their
education beyond higher education and graduate school, in the
context of lifelong learning and information-finding skills;
and
``(ix) preparing students for a lifetime of work, the
ability to adapt through retraining to the changing needs of
the work force and the ability to learn new tasks.
``(3) Involvement of certain agencies and organizations.--
In promoting coordination and collaboration on research and
development on issues related to postsecondary education,
libraries, and lifelong learning, the Institute shall, as
appropriate, seek the involvement of--
``(A) within the Department of Education--
``(i) the Office of Library Programs;
``(ii) the Office of Correctional Education;
``(iii) the Office of Vocational and Adult Education;
``(iv) the National Institute on Disability and
Rehabilitation Research; and
``(v) the Office of Postsecondary Education;
``(B) the National Institute for Literacy;
``(C) the National Board for Professional Teaching
Standards;
``(D) the Employment and Training Administration of the
Department of Labor;
``(E) the Administration for Children and Families within
the Department of Health and Human Services;
``(F) the National Institutes of Health;
``(G) the National Endowment for Humanities;
``(H) the National Endowment for the Arts;
``(I) the Bureau of Prisons of the Department of Justice;
``(J) the Department of Commerce;
``(K) the Department of Defense; and
``(L) the Office of Indian Education Programs of the
Department of the Interior.
``(4) In addition to the responsibilities described in
paragraph (2), the Assistant Secretary shall ensure that the
activities of the existing National Center on Literacy are
fully coordinated with those of the National Institute for
Literacy.
``(i) Coordination of Research on Cross-Cutting Issues.--
The Assistant Secretary shall promote the coordination of
research and development activities among the Institutes
established by subsection (a) to investigate those cross-
cutting disciplines and areas of inquiry, such as assessment,
the use of technology and the training of teachers and school
administrators, which are relevant to the missions of more
than one of the Institutes. Such activities shall--
``(1) address cross-cutting disciplines and areas of
inquiry which have been proposed by the Assistant Secretary
and are consistent with the research priorities identified by
the Board;
``(2) be carried out jointly (1) by any one of the
Institutes and--
``(A) one (or more) of the Institutes;
``(B) the National Center for Education Statistics; or
``(C) any research and development entity administered by
other offices of the Department of Education or by any other
Federal agency or Department; and
``(3) meet all the standards set by the Assistant Secretary
and the Board for other research and development conducted by
the Office.
``(j) Program on Teaching and Teacher Education.--
``(1) In general.--The Assistant Secretary, in accordance
with the requirements of this subsection, shall undertake a
comprehensive, coordinated program of research in the area of
teaching, teacher education, and professional development.
``(2) Certain purposes of program.--In carrying out the
program established under paragraph (1), the Assistant
Secretary shall conduct, directly or through grants and
contracts, basic and applied research and analytical
activities to further knowledge about, make recommendations,
and improve--
``(A) the ability of classroom teachers and schools to
assist new and diverse populations of students in
successfully assimilating into the classroom environment;
``(B) the working conditions of teachers and other
educational practitioners, which may include such topics as--
``(i) teacher isolation;
``(ii) professional resources available to teachers;
``(iii) continuing educational and professional
opportunities available to teachers;
``(iv) physical facilities and equipment, such as office
space, telephone, computer access, and fax machines and
television cable access available to teachers in the work
environment;
``(v) opportunities for teachers to share information and
resources with other teachers and education professionals;
``(vi) opportunities for advanced learning experience; and
``(vii) the reduction of stress in the teaching profession;
``(C) institutional program renewal and instruction;
``(D) restructuring of State certification of teachers and
teacher education standards; and
``(E) assisting in the development of teacher certification
standards by Indian tribal departments of education.
``(3) Certain activities.--In carrying out the program
established under paragraph (1), the Assistant Secretary--
``(A) shall work with institutions of higher education
engaged in the preparation of teachers and professional
organizations of teacher educators and practitioners to
encourage institutional program renewal and restructuring;
``(B) may conduct, directly or through grants and contracts
research on--
``(i) effective and reflective teaching for the preparation
and continuing education of teachers;
``(ii) the use of computing and multi-made technology to
advance the understanding and abilities of teacher educators
and classroom teachers;
``(iii) the development and appraisal of curriculum and
curriculum materials for the initial and continuing education
of teachers and teacher educators; and
``(iv) strengthening the evaluation and dissemination of
information on programs for continuing professional education
and renewal of those who educate teachers for initial or
advanced licensure or certification; and
``(C) shall work with the national regional education
laboratories, the ERIC clearinghouses, national education
research library, and the National Center for Education
Statistics to maximize information available, to prevent
unnecessary duplication of efforts and resources, and to
ensure the results of the centers work are widely available.
``(k) Research on Educational Technology.--The Assistant
Secretary shall undertake a comprehensive, coordinated
program of research and development in the area of the uses
and applications of technology in education. Such program--
``(1) may support basic and applied research and
development, analysis, evaluation in the area of the uses and
applications of technology to education, including--
``(A) the capabilities of current and emerging technologies
and their possible uses in education;
``(B) the uses and applications of technology--
``(i) to improve instruction within all content areas in
the school curriculum;
``(ii) to educate more effectively at-risk students and
other students with special needs;
``(iii) to improve education in rural communities and other
remote areas;
``(iv) to improve the assessment of student learning and
achievement;
``(v) to deliver preservice and inservice training for
teachers, librarians, and school administrators; and
``(vi) to deliver and improve professional development and
continuing education programs;
``(C) the cost and educational effectiveness of
technologies used in education;
``(D) effective models and approaches for providing the
preservice and inservice training and technical assistance
necessary to enable teachers, librarians, and school
administrators, cultural organizations, and others to use
technology effectively in education;
``(E) the identification of barriers to greater use of
technologies in education and potential approaches to
eradicating or mitigating such barriers;
``(F) methods and approaches which can be utilized by
teachers, school administrators, and education policymakers,
and educational programs in cultural institutions to evaluate
the quality and most appropriate uses of software and other
technologies designed for use in education; and
``(G) approaches to organizing and managing schools and
classrooms to make the most effective use of technology in
education; and
[[Page 173]]
``(2) shall be coordinated with related research and
development activities undertaken by the Office of Special
Education Programs, the National Science Foundation, the
Department of Defense, and other Federal agencies.
``(l) Transitional Provisions.--
``(1) Temporary reorganizations.--Upon the enactment of the
Educational Research, Development and Dissemination
Excellence Act, the Secretary shall reorganize the research
and development functions and activities of the Office into
administrative units the purposes of which shall be the same
as those for each of the national research institutes
established in subsection (a). Such administrative units
shall be responsible for planning and providing for the
establishment of such institutes and shall cease to exist on
the dates upon which each of the relevant institutes is
established. The provisions of subsection (c) (relating to
authorities and duties) shall apply to all activities
undertaken by each such administrative unit.
``(2) Dates for establishment of institutes.--The National
Institute for the Education of At-Risk Students, the National
Institute for Innovation in Educational Governance, Finance,
Policy-Making, and Management, the National Institute for
Early Childhood Development and Education, the National
Institute on Student Achievement, and the National Institute
on Postsecondary Education, Libraries, and Lifelong Learning
shall each be established effective October 1, 1994.''.
PART D--NATIONAL EDUCATION DISSEMINATION SYSTEM
SEC. 241. ESTABLISHMENT WITHIN OFFICE OF EDUCATIONAL RESEARCH
AND IMPROVEMENT.
Part A of the General Education Provisions Act, as amended
by section 231 of this Act, is amended by inserting after
section 405B the following new section:
``national education dissemination system
``Sec. 405C. (a) In General.--
``(1) Findings.--The Congress finds as follows:
``(A) In order to improve the American educational system
for all students, achieve the national education goals, and
provide for greater educational equity, policymakers,
administrators, teachers, and parents must have ready access
to the best information and methods available as a result of
educational research and development.
``(B) The Office of Educational Research and Improvement
should have as one of its primary purposes the dissemination
of such information and methods in order to assist the
national education reform effort.
``(C) All current resources within the Office, the
Department, and other agencies that can help accomplish this
goal should be coordinated by the Assistant Secretary so as
to form a systematic process to accomplish these objectives.
``(D) Education research has the capacity to improve
teaching and learning in our Nation's schools, however,
teachers need training in the developmental skills necessary
to translate research into practice and to allow them to
become a cadre of knowledgeable practitioners and leaders in
educational improvement.
``(E) Adequate linkages between research and development
providers and practitioners are essential to ensuring that
research on effective practice is useful, disseminated and
supported with technical assistance to all educators, and
that all educators are partners in the research and
development process.
``(2) Purpose.--The purpose of this section is to--
``(A) create a national system of dissemination,
development, and educational improvement in order to create,
adapt, identify, validate, and disseminate to educators,
parents, and policymakers those educational programs that
have potential or have been shown to improve educational
opportunities for all students; and
``(B) empower and increase the capacity of teachers to
participate in the research and development process.
``(3) Definition of educational program.--For the purposes
of this section, the term `educational program' includes
educational policies, research findings, practices, and
products.
``(b) Establishment of Office.--
``(1) In general.--There is established within the Office
an Office of Reform Assistance and Dissemination (in this
section referred to as the `Dissemination Office') through
which the Secretary shall carry out all functions and
activities described in this section.
``(2) Certain duties.--The Dissemination Office shall--
``(A) identify educational programs that may merit being
designated as exemplary or promising educational programs;
``(B) based solely on the educational merits and promise of
such programs, select those to be designated as exemplary or
promising;
``(C) provide technical and financial assistance to
individuals and organizations in the process of developing
promising educational programs in the priority areas
identified in section 405(b)(3), but who might not, without
such assistance, be able to complete necessary development
and assessment activities;
``(D) nationally disseminate information regarding the
exemplary and promising programs to educators, parents, and
policymakers through a variety of means, including existing
Department activities, education associations and networks,
and communication technologies;
``(E) provide training and technical assistance regarding
the implementation and adoption of such exemplary and
promising programs by interested entities; and
``(F) carry out a program of research on models for
successful knowledge dissemination, and utilization, and
strategies for reaching education policymakers,
practitioners, and others interested in education.
``(3) Additional duties.--The Dissemination Office shall
carry out and contain the following functions and activities:
``(A) A process for the identification of educational
programs that work.
``(B) The educational resources information clearinghouses.
``(C) Dissemination through new technologies.
``(D) Smartline.
``(E) The regional educational laboratories.
``(F) Teacher Research Dissemination Network.
``(G) The Goals 2000 Community Partnerships Program.
``(H) The existing National Diffusion Network and its
Developer-Demonstrator and State Facilitator projects.
``(I) Such other programs or entities the Secretary
determines are consistent with the purposes for which the
Dissemination Office is established.
``(c) Identification of Programs.--
``(1) In general.--The Assistant Secretary shall establish
a process through which successful educational programs are
actively sought out for possible dissemination through the
national educational dissemination system. Such process
shall, at a minimum, have the capability to--
``(A) work closely with the research institutes, centers,
regional educational laboratories, the National Diffusion
Network and its Developer-Demonstrator and State Facilitator
projects, learning grant institutions established under the
Goals 2000 Community Partnerships Program, department-
supported technical assistance providers, and other entities
to identify successful educational programs at the regional,
State, local, or classroom level;
``(B) review successful educational programs supported by
the Department through all of its programs, including Chapter
1, Even Start, Drug-Free Schools and Communities Act of 1986,
the Individuals With Disabilities Education Act, Bilingual
Education, Indian Education, the Women's Educational Equity
Act, and Adult and Vocational Education;
``(C) through cooperative agreements, review for possible
inclusion in the system educational programs administered by
the Departments of Health and Human Services (particularly
the Head Start program), Labor and Defense, the National
Science Foundation, the Department of the Interior
(particularly the Office of Indian Education Programs), and
any other appropriate Federal agency; and
``(D) provide for an active outreach effort to identify
successful educational programs through cooperative
arrangements with State and local education agencies,
teachers and teacher organizations, curriculum associations,
foundations, private schools, institutions of higher
education, and other entities that could enhance the ability
of the Secretary to identify programs for possible inclusion
in the dissemination system.
``(2) Priority programs.--In carrying out this subsection,
the Secretary shall place a priority on identifying programs,
products, and practices related to the priority research and
development needs identified in section 405(b)(3).
``(d) Designation of Exemplary and Promising Programs.--
``(1) In general.--The Assistant Secretary, in consultation
with the Board, shall establish 1 or more panels of
appropriately qualified experts and practitioners to--
``(A) evaluate educational programs that have been
identified by the Secretary under subsection (c) or that have
been submitted to the Secretary for such evaluation by some
other individual or organization; and
``(B) recommend to the Secretary programs that should be
designated as exemplary or promising educational programs.
``(2) Considerations in making recommendations.--In
determining whether an educational program should receive a
recommendation under paragraph (1), a panel established under
such paragraph shall consider--
``(A) whether, based on empirical data, which may include
but shall not be limited to test results, the program is
effective and should thus be designated as exemplary and
disseminated through the national dissemination system; or
``(B) whether there is sufficient evidence to lead a panel
of experts and practitioners to believe that the program
shows promise for improving student achievement and should
thus be designated as promising and disseminated through the
national dissemination system while it continues to be
evaluated.
``(3) Requirement regarding approval of programs.--In
seeking out programs for approval under paragraph (2), the
Assistant Secretary shall seek programs that may be
implemented at the State, local, and classroom level.
``(4) Requirements regarding panels.--
``(A) A panel shall not eliminate a program from
consideration under this subsection based solely on the fact
that it does not have one specific type of supporting data,
such as test scores.
``(B) The Assistant Secretary may not designate a program
as exemplary or promising unless a panel established under
paragraph
[[Page 174]]
(1) has recommended that the program be so designated.
``(C) The Secretary shall establish such panels under
paragraph (1) as may be necessary to ensure that each program
identified or submitted for evaluation is evaluated.
``(D) Not less than \2/3\ of the membership of a panel
established under paragraph (1) shall consist of individuals
who are not officers or employees of the United States.
Members of panels under paragraph (1) who are not employees
of the United States shall receive compensation for each day
engaged in carrying out the duties of the panel as well as
compensation for their expenses.
``(e) Dissemination of Exemplary and Promising Programs.--
``(1) In general.--In order to ensure that programs
identified as exemplary or promising are available for
adoption by the greatest number of teachers, schools, local
and State education agencies, and Bureau of Indian Affairs-
funded schools, the Assistant Secretary shall utilize the
capabilities of--
``(A) the education resources information clearinghouses;
``(B) Smartline;
``(C) the regional educational laboratories;
``(D) the National Diffusion Network;
``(E) entities established under the Goals 2000 Community
Partnerships Program;
``(F) department-supported technical assistance providers;
``(G) the National Library of Education; and
``(H) other public and private nonprofit entities,
including existing education associations and networks, that
have the capability to assist educators in adopting exemplary
and promising programs.
``(2) Requirements for assistant secretary.--In carrying
out paragraph (1), the Assistant Secretary shall ensure that
all such entities are--
``(A) kept apprised of the availability of specific
programs for dissemination;
``(B) provided technical assistance, if necessary, to carry
out this dissemination function; and
``(C) involved in the national education dissemination
system as specified by law.
``(f) Education Resources Information Clearinghouses.--
``(1) In general.--The Assistant Secretary shall establish
a system of 16 education resource information clearinghouses
having, at a minimum, the functions and scope of work as the
clearinghouses had on the date of the enactment of the
Educational Research, Development, and Dissemination
Excellence Act.
``(2) Additional functions.--In addition to those functions
already being carried out by the clearinghouses, such
clearinghouses may--
``(A) periodically produce interpretive summaries, digests,
and syntheses of the results and findings of education-
related research and development; and
``(B) contain and make available to users information
concerning those programs designated as exemplary and
promising under subsection (c).
``(3) Coordination of activities.--The Assistant Secretary
shall assure that the functions and activities of such
clearinghouses are coordinated with the activities of the
research institutes, the regional educational laboratories,
learning grant institutions, other clearinghouses supported
by the Department, the National Diffusion Network, and other
appropriate entities within the Office and the Department.
``(4) Special responsibilities of the secretary.--To assure
that the information provided through such clearinghouses is
fully comprehensive, the Secretary shall--
``(A) require that all reports, studies, and other
resources produced directly or by grant or contract with the
Department of Education are made available to clearinghouses;
``(B) establish cooperative agreements with the Departments
of Defense, Health and Human Services, Interior, and other
Federal agencies to assure that all education-related
reports, studies, and other resources produced directly or by
grant or contract with the Federal Government are made
available to such clearinghouses; and
``(C) devise an effective system for maximizing the
identification, synthesis, and dissemination of information
related to the needs of Indian and Alaska Native children.
``(5) Copyright prohibited.--
``(A) No clearinghouse or other entity receiving assistance
under this subsection may copyright or otherwise charge a
royalty or other fee that--
``(i) is for the use or redissemination of any database,
index, abstract, report, or other information produced with
assistance under this subsection; and
``(ii) exceeds the incremental cost of disseminating such
information.
``(B) For purposes of subparagraph (A), the incremental
cost of dissemination does not include any portion of the
cost of collecting, organizing, or processing the information
which is disseminated.
``(g) Dissemination Through New Technologies.--
``(1) In general.--The Assistant Secretary is authorized to
award grants or contracts in accordance with this subsection
to support the development of materials, programs, and
resources which utilize new technologies and techniques to
synthesize and disseminate research and development findings
and other information which can be used to support
educational improvement.
``(2) Sources of materials and research about teaching and
learning for improving nationwide education (smartline).--
``(A) Electronic network.--The Assistant Secretary, acting
through the Office of Reform Assistance and Dissemination,
shall establish and maintain an electronic network which
shall, at a minimum, link--
``(i) each office of the Department of Education;
``(ii) the research institutes established by section 405B;
``(iii) the National Center for Education Statistics;
``(iv) the National Library of Education; and
``(v) entities engaged in research, development,
dissemination, and technical assistance under grant,
contract, or cooperative agreement with the Department of
Education.
``(B) Certain requirements for network.--The network
described in subparagraph (A) shall--
``(i) to the extent feasible, build upon existing national,
regional, and State electronic networks and support video,
telecomputing, and interactive communications;
``(ii) at a minimum, have the capability to support
electronic mail and file transfer services;
``(iii) be linked to and accessible to other users,
including State and local education agencies, institutions of
higher education, museums, libraries, and others through the
Internet and the National Research and Education Network; and
``(iv) be provided at no cost (excluding the costs of
necessary hardware) to the contractors and grantees described
in clause (v) of subparagraph (A) and to educational
institutions accessing such network through the Internet and
the National Research and Education Network.
``(C) Information resources.--The Assistant Secretary,
acting through the Office of Reform Assistance and
Dissemination, may make available through the network
described in subparagraph (A)--
``(i) information about grant and contract assistance
available through the department;
``(ii) an annotated directory of current research and
development activities and projects being undertaken with the
assistance of the Department;
``(iii) information about publications published by the
Department and, to the extent feasible, the full text of such
publications;
``(iv) statistics and data published by the National Center
for Education Statistics;
``(v) syntheses of research and development findings;
``(vi) a directory of other education-related electronic
networks and databases, including information about the means
by which they may be accessed;
``(vii) a descriptive listing of materials and courses of
instruction provided by telecommunications partnerships
assisted under the Star Schools program;
``(viii) resources developed by the ERIC Clearinghouses;
``(ix) education-related software (including video) which
is in the public domain;
``(x) a listing of instructional materials available
through telecommunications to local education agencies
through the Public Broadcasting Service and State educational
television networks; and
``(xi) such other information and resources the Assistant
Secretary considers useful and appropriate.
``(D) Evaluations regarding other functions of network.--
The Assistant Secretary shall also undertake projects to test
and evaluate the feasibility of using the network described
in subparagraph (A) for--
``(i) the submission of applications for assistance to the
Department; and
``(ii) the collection of data and other statistics through
the National Center for Education Statistics.
``(E) Training and technical assistance.--The Assistant
Secretary, acting through the Office of Reform Assistance and
Dissemination, shall--
``(i) provide such training and technical assistance as may
be necessary to enable the contractors and grantees described
in clause (v) of subparagraph (A) to participate in the
electronic network described in such subparagraph; and
``(ii) work with the National Science Foundation to
provide, upon request, assistance to State and local
education agencies, the Department of the Interior's Office
of Indian Education Programs, tribal departments of
education, State library agencies, libraries, museums, and
other educational institutions in obtaining access to the
Internet and the National Research and Education Network.
``(h) Regional Educational Laboratories.--
``(1) Regional educational laboratories.--The Assistant
Secretary shall enter into contracts with public or private
nonprofit entities to establish a networked system of 10
regional educational laboratories which serve the needs of
each region of the Nation in accordance with the provisions
of this subsection. For the purposes of this subsection, the
term `region' means 1 of the 10 geographic regions set forth
in section 2(a) of part 707 of title 34, Code of Federal
Regulations (34 CFR 707.2(a)), as published in number 157 of
volume 53 of the Federal Register on August 15, 1988.
``(2) Duties.--Each regional educational laboratory
receiving assistance under this subsection shall, with such
assistance, assist State education agencies, intermediate
education agencies, local school districts, and schools
funded by the Bureau of Indian Af-
[[Page 175]]
fairs in implementing broad-based, systemic school
improvement strategies through the use of applied research
and development activities. The regional educational
laboratories shall support such system-wide reform efforts
through--
``(A) the development of a plan for identifying needs and
for serving the needs of the region by conducting a
continuing survey of the educational needs, strengths and
weaknesses within the region, including a process of open
hearings to solicit the views of schools, teachers,
administrators, parents, local educational agencies,
librarians, and State educational agencies within the region;
``(B) the dissemination of information about programs
designated as exemplary and promising under subsection (c)
and other appropriate programs and practices;
``(C) the provision of support and technical assistance
in--
``(i) replicating and adapting such exemplary and promising
practices;
``(ii) the development of high-quality, challenging
curriculum frameworks;
``(iii) the development of valid, reliable, fair systems of
assessment which are based upon State, local, or Bureau of
Indian Affairs-funded school curriculum frameworks and
reflect recent advances in the field of educational
assessment;
``(iv) the improvement of professional development
strategies to assure that all teachers are prepared to teach
a challenging curriculum;
``(v) expanding and improving the use of technology in
education to improve teaching and learning;
``(vi) the development of alternatives for restructuring
school finance systems to promote greater equity in the
distribution of resources; and
``(vii) the development of alternative administrative
structures which are more conducive to planning,
implementing, and sustaining school reform and improved
educational outcomes;
``(D) the development of educational programs and practices
that address State, regional, or Indian tribal needs in
relating to their school reform efforts;
``(E) facilitating communication between educational
experts, school officials, and teachers, parents, and
librarians, to enable such individuals to assist schools to
develop a plan to meet the national education goals;
``(F) bringing teams of experts together to develop and
implement school improvement plans and strategies;
``(G) the provision of training in--
``(i) the field of education research and related areas;
``(ii) the use of new educational methods; and
``(iii) the use of information-finding methods, practices,
techniques, and products developed in connection with such
training for which the regional educational laboratory shall
be authorized to support internships and fellowships and to
provide stipends; and
``(H) the provision of support and technical assistance
(upon their request) to State facilitators funded through the
National Diffusion Network.
``(3) Networking.--In order to improve the efficiency and
effectiveness of the regional laboratories, the governing
boards of the ten regional laboratories shall establish and
maintain a network to--
``(A) share information about the activities each is
carrying out;
``(B) plan joint activities that would meet the needs of
multiple regions;
``(C) create a strategic plan for the development of
activities undertaken by the laboratories to reduce
redundancy and increase collaboration and resource-sharing in
such activities; and
``(D) otherwise devise means by which the work of the
individual laboratories could serve national, as well as
regional, needs.
``(4) Additional duties.--Each regional education
laboratory receiving assistance under this subsection shall
carry out the following activities:
``(A) Collaborate with the Institutes established under
section 405B in order to--
``(i) maximize the use of research conducted through the
Institutes in the work of such laboratory;
``(ii) keep the Institutes apprised of the work of the
regional educational laboratories in the field; and
``(iii) inform the Institutes about additional research
needs identified in the field.
``(B) Consult with the State educational agencies and
library agencies in the region in developing the plan for
serving the region.
``(C) Develop strategies to utilize schools as critical
components in reforming education and revitalizing rural
communities in the United States.
``(D) Report and disseminate information on overcoming the
obstacles faced by rural educators and rural schools.
``(E) Identify successful educational programs that have
either been developed by such laboratory in carrying out its
functions or that have been developed or used by others
within the region served by the laboratory and make such
information available to the Secretary and the network of
regional laboratories so that they may be considered for
inclusion in the national education development and
dissemination system.
``(5) Certain requirements.--In carrying out its
responsibilities, each regional educational laboratory
shall--
``(A) establish a governing board that--
``(i) is the sole entity that--
``(I) guides and directs the laboratory in carrying out the
provisions of this subsection and satisfying the terms and
conditions of the contract award; and
``(II) determines the regional agenda of the laboratory,
consistent with the priority research and development needs
identified in section 405(b)(3); and
``(ii) reflects a balanced representation of the States in
the region, as well as the interests and concerns of regional
constituencies;
``(B) comply with the standards established by the
Assistant Secretary and the Board under section 405A;
``(C) coordinate its activities, collaborate, and regularly
exchange information with the institutes established under
section 405C, the National Diffusion Network, and its
Developer Demonstrator and State Facilitator projects,
learning grant institutions and district education agents
assisted under subsection (i), the ERIC Clearinghouses, and
other entities engages in technical assistance and
dissemination activities which are supported by other Offices
of the Department of Education; and
``(D) allocate its resources to and within each State in a
manner which reflects the need for assistance, taking into
account such factors as the proportion of economically
disadvantaged students, the increased cost burden of service
delivery in areas of sparse populations, and any special
initiatives being undertaken by State, intermediate, local
education agencies, or Bureau of Indian Affairs-funded
schools which may require special assistance from the
laboratory.
``(6) Evaluations.--The Assistant Secretary shall provide
for periodic, independent evaluations of each of the
laboratories in carrying out the duties described in
paragraph (1) in accordance with the standards developed by
the Assistant Secretary and the Board and transmit the
results of such evaluations to the relevant committees of the
Congress, the Board, and the appropriate regional educational
laboratory board.
``(7) Invitation regarding competition for awards of
assistance.--Prior to awarding a grant or entering into a
contract under this section, the Secretary shall invite
applicants, including the existing regional educational
laboratories, to compete for such award through notice in the
Federal Register and in the publication of the Department of
Commerce known as the Commerce Business Daily.
``(8) Application for assistance.--Each application for
assistance under this subsection shall--
``(A) cover not less than a 5-year period;
``(B) describe how the applicant would carry out the
activities required by this subsection; and
``(C) contain such additional information as the Secretary
may reasonably require.
``(9) Rule of construction.--No regional educational
laboratory receiving assistance under this subsection shall,
by reason of the receipt of that assistance, be ineligible to
receive any other assistance from the Department as
authorized by law.
``(10) Advance payment system.--Each regional educational
laboratory shall participate in the advance payment system at
the Department of Education.
``(i) Goals 2000 Community Partnerships Program.--
``(1) Purpose.--The purpose of the Goals 2000 Community
Partnerships program is to improve the quality of learning
and teaching in the Nation's most impoverished urban and
rural communities by supporting sustained collaborations
between universities, schools, businesses, and communities
which apply and utilize the results of educational research
and development.
``(2) Grants for goals 2000 community partnerships.--The
Assistant Secretary is authorized to make grants to eligible
entities to support the establishment of Learning Grant
Institutions and District Education Agents and the activities
authorized under this subsection within eligible communities.
``(3) Definition of eligible entity and eligible
community.--For the purposes of this subsection:
``(A) The term `eligible entity' includes any institution
of higher education, regional education laboratory, National
Diffusion Network project, national research and development
center, public or private nonprofit corporation, or any
consortium thereof that--
``(i) has demonstrated experience, expertise and commitment
in serving the educational needs of at-risk students; and
``(ii) is, by virtue of its previous activities,
knowledgeable about the unique needs and characteristics of
the community to be served.
``(B) The term `eligible community' means a unit of general
purpose local government (such as a city, township, or
village), a nonmetropolitan county, tribal village, or a
geographically distinct area (such as a school district,
school attendance area, ward, precinct or neighborhood), or
any group of such entities that--
``(i) has a population of not less than 200,000 and not
more than 300,000; and
``(ii) in which not less than one-half of the school-age
children have family incomes which are below the poverty
line, as determined by the 1990 United States Census,
participation in the National School Lunch program, or other
current, reliable data concerning family income.
``(4) Goals 2000 community partnerships.--Each learning
grant institution receiving assistance under this subsection
shall establish a Goals 2000 community partnership to carry
out the activities authorized under this subsection. Such
partnership--
[[Page 176]]
``(A) shall include the participation of one or more local
educational agencies, institutions of higher education,
community-based organizations, parents, teachers, and the
business community;
``(B) may include the participation of human, social
service and health care agencies, Head Start and child care
agencies, libraries, museums, employment and training
agencies, and the State educational agency or tribal
department of education; and
``(C) shall be broadly representative of all segments of
the community in which the activities will be carried out.
``(5) Comprehensive goals 2000 plan.--Each Goals 2000
Community Partnership shall develop a comprehensive plan for
assuring educational success and high achievement for all
students in the community. Each such plan shall--
``(A) adopt the 6 national educational goals;
``(B) identify additional needs and goals for educational
improvement within the community;
``(C) focus on helping all students reach challenging
content and student performance standards;
``(D) be consistent with the State and local plan for
system-wide education improvement developed pursuant to the
Goals 2000: Educate America Act;
``(E) establish a comprehensive community-wide plan for
achieving such goals; and
``(F) develop a means for measuring the progress of the
community in meeting such goals for improvement.
``(6) Implementation of community-wide plan.--Each Goals
2000 Community Partnership shall, utilizing the District
Education Agent, provide assistance in implementing the
community-wide plan for educational improvement by--
``(A) supporting innovation, restructuring, and continuous
improvement in educational practice by--
``(i) disseminating information throughout the community
about exemplary and promising educational programs,
practices, products, and policies;
``(ii) evaluating the effectiveness of federally funded
educational programs within the community and identifying
changes in such programs which are likely to improve student
achievement;
``(iii) identifying, selecting and replicating exemplary
and promising educational programs, practices, products, and
policies in both in and out-of-school settings;
``(iv) applying educational research to solve specific
problems in the classroom, home and community which impede
learning and student achievement; and
``(v) supporting research and development by teachers,
school administrators, and other practitioners which promise
to improve teaching and learning and the organization of
schools;
``(B) improving the capacity of educators, school
administrators, child care providers and other practitioners
to prepare all students to reach challenging standards and to
attain the goals set out in the comprehensive community-wide
plan through such means as--
``(i) the training of prospective and novice teachers
(including preschool and early childhood educators) in a
school setting under the guidance of master teachers and
teacher educators;
``(ii) training and other activities to promote the
continued learning and professional development of
experienced teachers, related services personnel, school
administrators to assure that they develop the subject matter
and pedagogical expertise needed to prepare all students to
reach challenging standards;
``(iii) training and other activities to increase the
ability of prospective, novice, and experienced teachers to
teach effectivenly at-risk students, students with
disabilities, students with limited English language
proficiency, and students from diverse cultural backgrounds;
and
``(iv) programs to enhance teaching and classroom
management skills, including school-based management skills,
of novice, prospective, and experienced teachers;
``(C) promoting the development of an integrated system of
service delivery to children from birth through age 18 and
their families by facilitating linkages and cooperation
among--
``(i) local education agencies;
``(ii) health and social services agencies and providers;
``(iii) juvenile justice and criminal justice agencies;
``(iv) providers of employment training; and
``(v) child care, Head Start, and other early childhood
agencies; and
``(D) mobilizing the resources of the community in support
of student learning and high achievement by facilitating
effective partnerships and collaboration among--
``(i) local education agencies;
``(ii) postsecondary educational institutions;
``(iii) public libraries;
``(iv) parents;
``(v) community-based organizations, neighborhood
associations, and other civic and community organizations;
``(vi) child care, Head Start, and other early childhood
agencies;
``(vii) churches, synagogues and other religious
institutions;
``(viii) labor organizations; and
``(ix) business and industry.
``(7) Additional requirements.--In carrying out its
responsibilities under this subsection, each partnership
receiving assistance under this subsection shall--
``(A) appoint a District Education Agent who shall be
responsible, on a full-time basis, for directing the
implementation of the community-wide plan. Such individual
shall have significant experience and expertise in the field
of education in--
``(i) addressing the needs of at-risk students; and
``(ii) conducting educational research and promoting the
application of the results of such research to educational
practice;
``(B) provide for such other professional and support
personnel as may be necessary to implement the community-wide
plan under the direction of the District Education Agent; and
``(C) coordinate its activities and work cooperatively with
the National Diffusion Network State facilitators, regional
laboratories, and other components of the Office to utilize
most effectively Federal research, development, and
dissemination resources in implementing the community-wide
plan.
``(8) Application for grants.--Any eligible entity desiring
a grant under this subsection shall submit an application to
the Assistant Secretary at such time, in such manner, and
accompanied by such information as the Assistant Secretary
may reasonably require. Each such application shall--
``(A) include a comprehensive plan for meeting the
objectives and requirements of this subsection; and
``(B) provide evidence of support for the application from
local elected officials, the State education agency, the
local education agency, parents, local community leaders,
businesses, and other appropriate organizations.
``(9) Priority in making grants; duration and amount of
grant.--Each grant made under this subsection shall be--
``(A) awarded on a competitive basis, with first priority
given to those applications from communities with the
greatest percentage of school-age children in families with
poverty-level incomes;
``(B) made for a 5-year period, with funding for the second
and each successive year in this period conditioned upon a
determination by the Assistant Secretary that the grant
recipient has complied with the conditions of the grants
during the previous year; and
``(C) an amount equal to not less than $1,000,000 per year.
``(10) Limitation of one grant per congressional
district.--Not more than one grant shall be awarded within a
single congressional district.
``(11) Technical assistance; evaluations.--In administering
the program authorized under this subsection, the Assistant
Secretary shall, either directly or through grant or contract
with an eligible nonprofit agency--
``(A) upon request, provide technical assistance to
eligible entities to assist in the development of a
comprehensive plan to meet the requirements of this
subsection and in the preparation of applications for
assistance;
``(B) regularly provide technical assistance to learning
grant institutions receiving assistance under this subsection
to assist with the development and implementation of the
community-wide plan for educational improvement;
``(C) provide for an independent evaluation of the
activities assisted under this subsection, including--
``(i) the impact of the Goals 2000 Community Partnerships
program on children and families within each community,
including (but not limited to) effects on the extent of
educational achievement, rates of school retention and
completion, and enrollment in program postsecondary
educational programs; and
``(ii) whether an intensified effort to apply and utilize
educational research within a limited geographic area
significantly improves student learning and achievement; and
``(D) plan for the expansion of the Goals 2000 Community
Partnerships program throughout the remainder of the Nation
beginning in fiscal year 1998.
``(j) Teacher Research Dissemination Network.--
``(1) Findings.--The Congress finds that--
``(A) education research, including research funded by the
Office, is not having the impact on the Nation's schools that
such research should;
``(B) relevant education research and resulting solutions
are not being adequately disseminated to the teachers that
need such research and solutions;
``(C) there are not enough linkages between the research
and development centers assisted under this section, the
regional educational laboratories described in subsection
(k), the National Diffusion Network State facilitators, the
Education Resources Information Clearinghouses, and the
public schools, to ensure that research on effective practice
is disseminated and technical assistance provided to all
teachers;
``(D) the average teacher has almost no time to plan or
engage in a professional dialogue with such teacher's peers
about strategies for improving learning;
``(E) teachers do not have direct access to information
systems or networks;
``(F) teachers have little control over what in-service
education teachers will be offered; and
``(G) individual teachers are not encouraged to move beyond
the walls of their classrooms to identify and use outside
resources.
``(2) Program authorized.--
[[Page 177]]
``(A) The Assistant Secretary shall enter into contracts
with regional educational laboratories, in partnership with 1
or more institutions of higher education in each State of its
region, the National Diffusion Network, and other entities
with demonstrated experience, expertise, and commitment in
the areas of teacher research or teacher professional
development, such as the national research and development
centers, professional teacher organizations, and other
qualified organizations and associations, in the region to
carry out activities described in paragraph (3).
``(B) The Assistant Secretary shall enter into contracts
under this subsection in an equitable manner and shall
provide assistance on the basis of the number of schools,
teachers, and students in each regional educational
laboratory region with attention given to populations with
special needs and the increased cost burden of service
delivery in regions of sparse population.
``(C) Contracts under this subsection shall be awarded for
a period of not less than 3 years.
``(3) Program activities.--
``(A) Each regional partnership described in paragraph
(2)(A) entering into a contract under this subsection shall
carry out programs of providing training to teachers relevant
to the needs and problems of the schools and school districts
where teachers, who participate in the programs, serve. The
purpose of such programs shall be to--
``(i) educate teachers on how to acquire information about
education research findings and best practices;
``(ii) provide teachers with current education research and
development theory, skills, and practice as shall enable them
to modify, design, develop, and adapt such findings and
practices to effect local district and classroom outcomes
that improve education;
``(iii) enable teachers to become actively involved in the
applied research and development process;
``(iv) provide teachers the ability to become leaders in
the utilization of applied research and to become active
participants in the Federal research and development
partnership;
``(v) enhance the ability of teachers to evaluate and
choose effective education programs and curricula; and
``(vi) facilitate collaboration between the teacher change
agent and the National Diffusion Network State facilitator.
``(B) Teachers that participate in training assisted under
this subsection shall be known as `teacher change agents'.
``(C) The program described in subparagraph (A) shall
provide teacher change agents with training during the summer
and at such other times as agreed to by the district, which
shall--
``(i) give teacher change agents knowledge and guidance in
using the existing educational improvement services and
resources funded by the United States Department of Education
and other major research organizations, including the
products and work of the regional educational laboratories,
professional teacher organizations, the National Diffusion
Network, institutions of higher education, the Educational
Research Information Centers, National Research Centers,
National Research Institutes, State Departments of Education,
local education agencies, and other nonprofit organizations
participating in the improvement of education;
``(ii) provide teacher change agents with indepth knowledge
about a number of products, programs, and processes developed
by entities described in clause (i) that the teacher change
agents judge most relevant to the needs of the district or
districts they will serve;
``(iii) inform teacher change agents about government
programs, including, but not limited to, programs in
government agencies other than the Department of Education,
which offer research opportunities, fellowships, and funding;
and
``(iv) provide teacher change agents with instruction in
technical assistance skills in order to increase their
capacity to aid district and school site teacher teams
responsible for leading school improvement activities at the
district and school site level.
``(D) The school year activities described in subparagraph
(A) shall provide teacher change agents participating in such
program during the school year with--
``(i) opportunities to meet with other teacher change
agents to exchange experiences;
``(ii) additional training or assistance as needed or
requested;
``(iii) updates in education research, application, and
findings; and
``(iv) opportunities to provide feedback into the
educational research infrastructure regarding needed research
and ways to improve the development and dissemination of
information.
``(E) The regional partnership program may support
educational improvement and reform activities such as--
``(i) training in applied research methodologies;
``(ii) assistance in conducting applied research;
``(iii) teacher research sabbaticals;
``(iv) video conferencing for additional training in order
to reduce travel time and expenses;
``(v) training in developing and implementing effective
teacher in-service training;
``(vi) training in change management, including strategies
for restructuring schools, building local capacity, and
generally strengthening the culture of schools so that
schools are conducive and supportive of change, including
training in interpersonal and leadership skills; and
``(vii) training in the appropriate use of technology to
assist classroom teachers.
``(F) Teacher responsibilities.--Teacher change agents
shall, during the school year--
``(i) meet with other teachers and district or school site
teacher teams to provide other teachers with knowledge about
how to acquire information regarding education research
findings and best practices, including what resources are
available from the Department of Education and how to obtain
products and technical services from the Department;
``(ii) meet with the National Diffusion Network State
Facilitator to coordinate and not duplicate efforts in the
dissemination of exemplary educational programs;
``(iii) help interested schools identify resources needed
to address the school's needs and act as liaison between the
school and the appropriate resource entities, such as
regional educational laboratories, centers, national
institutes, institutions of higher education, professional
teacher organizations, scholars, consultants, and other
schools and school districts that may be of assistance;
``(iv) teach other teachers how to use the products,
programs, and processes in which the teacher was trained
pursuant to paragraph (2)(C)(II);
``(v) work with other teachers and teacher teams to adapt
identified exemplary practices, programs, and research
results to implement school site or classroom improvements as
desired, and provide follow-up activities throughout a 2-year
period to ensure the successful adaptation and implementation
of such programs in local schools; and
``(vi) inform teachers about how they can obtain Federal
research funding, fellowships, and sabbaticals.
``(G) Application.--
``(i) In general.--Each regional partnership desiring a
contract under this subsection shall submit to the Secretary
an application at such time, in such manner, and accompanied
by such information as the Assistant Secretary may reasonably
require.
``(ii) Contents.--Each application described in clause (i)
shall--
``(I) contain a plan acceptable to affected States and
local education agencies for conducting the program to be
assisted under this section;
``(II) contain assurances that the partnership requirements
are fulfilled;
``(III) contain assurances that both district and school
site teacher teams will be established to work in conjunction
with the teacher change agent;
``(IV) contain a plan for the selection of district and
school site teacher team participants and others as deemed
appropriate by the teacher change agent and the regional
partnership;
``(V) contain assurances that the regional partnership, in
conjunction with the participating school districts, shall
provide each teacher change agent with a stipend for the
entire calendar year commensurate with such teacher's salary
and travel expenses, to permit a teacher to participate in
such program without incurring loss of income;
``(VI) contain assurances that each teacher change agent
participating in the program shall receive an award of not
more than $10,000 to be used by such teacher during the
school year of such teacher's participation to purchase
materials, support, and coordinate with other teachers or
site teacher teams in the school district;
``(VII) contain assurances that such regional partnerships
shall provide not more than $5,000 to each school district or
group of school districts having an individual from such
district or districts participating in the program assisted
under this section for each of the 2 years following such
participation to enable such school district or districts to
continue efforts to improve dissemination of effective
practices and programs within the district or districts;
``(VIII) contain assurances that representatives of State
educational agencies, intermediate educational agencies,
teacher centers, teacher educators at institutions of higher
education, and school district in-service or curriculum
specialists will be eligible to participate in the program
assisted under this section if such individuals pay the cost
of their participation; and
``(IX) contain an assurance that such regional partnership
shall permit a teacher to participate in the program only
after such partnership determines that the teacher will be
afforded a full opportunity by the district to perform such
teacher's responsibilities described in paragraph (3)(F).
``(4) Teacher selection and eligibility.--
``(A) Nomination.--Teacher participants in the program
assisted under this subsection shall be nominated by their
peers at the school district level.
``(B) Eligibility.--Each school district or group of school
districts desiring to have teachers from such district or
districts participate in the program assisted under this
subsection shall provide the regional partnership with the
names of such teachers, and an indication of the type of
issues or problems on which each such teacher would like to
receive information and training.
``(C) Selection.--
``(i) Teacher participants shall be selected by the
regional partnerships in consultation with the State
educational agencies in the region. Teacher participants
shall be selected in such a manner so as to ensure an
equitable representation of such teachers by
[[Page 178]]
State and school enrollment within the region.
``(ii) The number of teachers selected each year shall be
determined in accordance with the amount of funding received
by the regional partnership.
``(5) Independent evaluation.--
``(A) In general.--The Assistant Secretary shall provide
for an independent evaluation of the program assisted under
this subsection to determine the net impact and cost
effectiveness of the program and the reactions of teachers
and school districts participating in such program, including
any career plan changes of participating teachers.
``(B) Date.--The evaluation described in subparagraph (A)
shall be submitted to the Congress within 6 months after the
completion of the third year of the program.
``(C) Funding.--The Assistant Secretary may reserve not
more than $250,000 of the amount appropriated under section
405(i)(2)(E) to carry out the evaluation described in this
paragraph.''.
PART E--NATIONAL LIBRARY OF EDUCATION
SEC. 251. ESTABLISHMENT WITHIN OFFICE OF EDUCATIONAL RESEARCH
AND IMPROVEMENT.
Part A of the General Education Provisions Act, as amended
by section 241 of this Act, is amended by inserting after
section 405C the following new section:
``national library of education
``Sec. 405D. (a) In General.--There is established within
the Office a National Library of Education (hereafter in this
section referred to as the `Library'), which shall be
maintained as a governmental activity.
``(b) Functions of Library.--The functions of the Library
are--
``(1) to provide a central location within the Federal
Government for information about education;
``(2) to provide comprehensive reference services on
matters related to education to employees of the Department
of Education and its contractors and grantees, other Federal
employees, and members of the public; and
``(3) to promote greater cooperation and resource sharing
among providers and repositories of education information in
the United States.
``(c) One-Stop Information and Referral Service.--The
Library shall establish and maintain a central information
and referral service to respond to telephonic, mail and
electronic and other inquiries from the public concerning--
``(1) programs and activities of the Department of
Education;
``(2) publications produced by the Department of Education
and, to the extent feasible, education related publications
produced by the Departments of Labor, Health and Human
Services, and other Federal agencies;
``(3) services and resources available to the public
through the Office, including the ERIC Clearinghouses, the
research institutes, and the national education dissemination
system;
``(4) statistics and other information produced by the
National Center for Education Statistics; and
``(5) referrals to additional sources of information and
expertise about educational issues which may be available
through educational associations and foundations, the private
sector, colleges and universities, libraries and
bibliographic databases.
The Library shall maintain and actively publicize a toll-free
telephone number through which public inquiries to the
Library may be made.
``(d) Comprehensive Reference Services.--The Library shall,
to the extent feasible, provide for the delivery of a full
range of reference services on subjects related to education
to employees of the Department and its contractors and
grantees, other Federal employees, and members of the general
public. Such services may include--
``(1) specialized subject searches;
``(2) search and retrieval of electronic databases;
``(3) document delivery by mail and facsimile transmission;
``(4) research counseling, bibliographic instruction, and
other training services;
``(5) interlibrary loan services; and
``(6) selective dissemination of information services.
The Library shall first give priority in the provision of
reference services to requests made by employees of the
Department.
``(e) Cooperation and Resource Sharing.--The Library shall
promote greater cooperation and resource sharing among
libraries and archives with significant collections in the
area of education through such means as--
``(1) the establishment of information and resource sharing
networks among such entities;
``(2) the development of a national union list of education
journals held by education libraries throughout the United
States;
``(3) the development of directories and indexes to
textbook and other specialized collections held by education
libraries throughout the United States; and
``(4) cooperative efforts to preserve, maintain and promote
access to items of special historical value or interest.
``(f) Administration.--The Library shall be administered by
an Executive Director who shall--
``(1) be appointed by the Assistant Secretary from among
persons with significant training or experience in library
and information science;
``(2) serve for a renewable term of 5 years; and
``(3) be paid at not less than the minimum rate of basic
pay payable for GS-15 of the General Schedule.
``(g) Task Force.--
``(1) In general.--The Assistant Secretary shall appoint a
task force of librarians, scholars, teachers, parents, and
school leaders (hereafter in this paragraph referred to as
the `Task Force') to provide advice on the establishment of
the Library.
``(2) Preparation of plan.--The Task Force shall prepare a
workable plan to establish the Library and to implement the
requirements of this section.
``(3) Certain authorities.--The Task Force may identify
other activities and functions for the Library to carry out,
except that such functions shall not be carried out until the
Library is established and has implemented the requirements
of this section.
``(4) Report.--The Task Force shall prepare and submit to
the Assistant Secretary not later than 6 months after the
first meeting of the Task Force a report on the activities of
the Library.
``(h) Transfer of Functions.--There are hereby transferred
to the Library all functions of--
``(1) the Department of Education Research Library;
``(2) the Department of Education Reference Section; and
``(3) the Department of Education Information Branch.
``(i) Collection Development Policy.--Not later than 180
days after the enactment of the Educational Research,
Development, and Dissemination Excellence Act, the Assistant
Secretary shall promulgate a comprehensive collection
development policy to govern the Library's operations,
acquisitions, and services to users. Such collection
development policy shall--
``(1) be consistent with the functions of the Library set
out in subsection (b);
``(2) emphasize the acquisition and maintenance of a
comprehensive collection of reference materials; and
``(3) avoid unnecessary duplication by putting a priority
on meeting the information needs of the Library's users
through cooperation and resource-sharing with other entities
with significant collections in the field of education.
``(j) Arrearage and Preservation.--On the basis of the
collection development policy promulgated under subsection
(h), the Executive Director shall develop a multiyear plan
which shall set forth goals and priorities for actions needed
to--
``(1) eliminate within 3 years the arrearage of uncataloged
books and other materials in the Library's collections; and
``(2) respond effectively and systematically to the
preservation needs of the Library's collections, relying,
whenever possible, upon cooperative efforts with other
institutions to preserve and maintain the usability of books
and materials in the Library's collections.''.
TITLE III--SAFE SCHOOLS ACT OF 1994
SEC. 301. SAFE SCHOOLS PROGRAM AUTHORIZED.
(a) In General.--With funds appropriated under subsection
(c)(1), the Secretary of Education shall make competitive
grants to eligible local educational agencies to carry out
projects designed to achieve Goal Six of the National
Education Goals, which provides that by the year 2000, every
school in America will be free of drugs and violence and will
offer a disciplined environment conducive to learning, by
helping to ensure that all schools are safe and free of
violence.
(b) Model Project.--The Secretary of Education, shall
develop a written safe schools model so all schools can
develop models that enable all students to participate
regardless of any language barriers.
(c) Authorization of Appropriations and Reservation.--
(1) Authorization.--There are authorized to be appropriated
to carry out this Act $50,000,000 for fiscal year 1994.
(2) Reservation.--From the sums appropriated to carry out
this Act for any fiscal year, the Secretary may reserve not
more than 5 percent to carry out national leadership
activities under section 305.
SEC. 302. ELIGIBLE APPLICANTS.
To be eligible to receive a grant under this Act, a local
educational agency shall demonstrate in its application under
section 303(a) that it--
(1) serves an area in which there is a high rate of--
(A) homicides committed by persons between the ages 5 to
18, inclusive;
(B) referrals of youth to juvenile court;
(C) youth under the supervision of the courts;
(D) expulsions and suspensions of students from school;
(E) referrals of youth, for disciplinary reasons, to
alternative schools; or
(F) victimization of youth by violence, crime, or other
forms of abuse; and
(2) has serious school crime, violence, and discipline
problems, as indicated by other appropriate data.
SEC. 303. APPLICATIONS AND PLANS.
(a) In General.--In order to receive a grant under this
Act, an eligible local educational agency shall submit to the
Secretary an application that includes--
(1) an assessment of the current violence and crime
problems in the schools to be served by the grant and in the
community to be served by the applicant;
(2) an assurance that the applicant has written policies
regarding school safety, stu-
[[Page 179]]
dent discipline, and the appropriate handling of violent or
disruptive acts;
(3) a description of the schools and communities to be
served by the grant, the activities and projects to be
carried out with grant funds, and how these activities and
projects will help to reduce the current violence and crime
problems in the schools and communities served;
(4) a description of educational materials to be developed
in the second most predominate language of the schools and
communities to be served by the grant, if applicable;
(5) if the local educational agency receives Federal
education funds, an explanation of how activities assisted
under this Act will be coordinated with and support any
systemic education improvement plan prepared with such funds;
(6) the applicant's plan to establish school-level advisory
committees, which include faculty, parents, staff, and
students, for each school to be served by the grant and a
description of how each committee will assist in assessing
that school's violence and discipline problems as well as in
designing appropriate programs, policies, and practices to
combat those problems;
(7) the applicant's plan for collecting baseline and future
data, by individual schools, to monitor violence and
discipline problems and to measure its progress in achieving
the purpose of this Act;
(8) a description of how, in subsequent fiscal years, the
grantee will integrate the violence prevention activities it
carries out with funds under this Act with activities carried
out under its comprehensive plan for drug and violence
prevention adopted under the Safe and Drug-Free Schools and
Communities Act of 1986;
(9) a description of how the grantee will coordinate its
school crime and violence prevention efforts with education,
law enforcement, judicial, health, social service, programs
supported under the Juvenile Justice and Delinquency
Prevention Act of 1974, and other appropriate agencies and
organizations serving the community;
(10) a description of how the grantee will inform parents
about the extent of crime and violence in their children's
schools and maximize the participation of parents in its
violence prevention activities;
(11) an assurance that grant funds under this Act will be
used to supplement and not supplant State and local funds
that would, in the absence of funds under this Act, be made
available by the applicant for the purposes of the grant;
(12) an assurance that the applicant will cooperate with,
and provide assistance to, the Secretary in gathering
statistics and other data the Secretary determines are
necessary to determine the effectiveness of projects and
activities under this Act or the extent of school violence
and discipline problems throughout the Nation; and
(13) such other information as the Secretary may require.
(b) Priorities.--In awarding grants under this Act, the
Secretary shall take into account the special needs of local
educational agencies located in both rural and urban
communities.
SEC. 304. GRANTS AND USE OF FUNDS.
(a) Duration and Amount of Grants.--Grants under this Act
may not exceed--
(1) 1 year in duration; and
(2) $3,000,000.
(b) Use of Funds.--
(1) Activities.--A local educational agency may use funds
awarded under section 301(a) for 1 or more of the following
activities:
(A) Identifying and assessing school violence and
discipline problems, including coordinating needs assessment
activities with education, law-enforcement, judicial, health,
social service, juvenile justice programs, gang prevention
activities, and other appropriate agencies and organizations.
(B) Conducting school safety reviews or violence prevention
reviews of programs, policies, practices, and facilities to
determine what changes are needed to reduce or prevent
violence and promote safety and discipline.
(C) Planning for comprehensive, long-term strategies for
combating and preventing school violence and discipline
problems through the involvement and coordination of school
programs with other education, law-enforcement, judicial,
health, social service, and other appropriate agencies and
organizations.
(D) Activities which involve parents in efforts to promote
school safety and prevent school violence;
(E) Community education programs involving parents,
businesses, local government, the medical, and other
appropriate entities about the local educational agency's
plan to promote school safety and reduce and prevent school
violence and discipline problems and the need for community
support.
(F) Coordination of school-based activities designed to
promote school safety and reduce or prevent school violence
and discipline problems with related efforts of education,
law-enforcement, judicial, health, social service, juvenile
justice programs, and other appropriate agencies and
organizations.
(G) Developing and implementing violence prevention
activities and materials, including--
(i) conflict resolution and social skills development for
students, teachers, aides, other school personnel, and
parents;
(ii) disciplinary alternatives to expulsion and suspension
of students who exhibit violent or anti-social behavior;
(iii) student-led activities such as peer mediation, peer
counseling, and student courts; or
(iv) alternative after-school programs that provide safe
havens for students, which may include cultural,
recreational, educational and instructional activities, and
mentoring and community service programs.
(H) Educating students and parents about the dangers of
guns and other weapons and the consequences of their use.
(I) Developing and implementing innovative curricula to
prevent violence in schools and training staff how to stop
disruptive or violent behavior if it occurs.
(J) Supporting ``safe zones of passage'' for students
between home and school through such measures as Drug- and
Weapon-Free School Zones, enhanced law enforcement, and
neighborhood patrols.
(K) Counseling programs for victims and witnesses of school
violence and crime.
(L) Evaluating its project under this Act.
(M) The cost of administering the project of the local
educational agency under this Act.
(N) Other activities that meet the purposes of this Act.
(2) Other limitations.--A local educational agency may use
not more than 5 percent of its grant for activities described
in paragraph (1)(M).
(3) Construction.--A local educational agency may not use
funds under this Act for construction.
SEC. 305. NATIONAL LEADERSHIP.
To carry out the purpose of this Act, the Secretary may use
funds reserved under section 301(c)(2) to conduct national
leadership activities such as research, program development
and evaluation, data collection, public awareness activities,
training and technical assistance, to provide grants to
noncommercial telecommunications entities for the production
and distribution of national video-based projects that
provide young people with models for conflict resolution and
responsible decisionmaking, and to conduct peer review of
applications under this Act. The Secretary may carry out such
activities directly, through interagency agreements, or
through grants, contracts, or cooperative agreements.
SEC. 306. REPORTS.
(a) Report to Secretary.--Local educational agencies that
receive funds under this part shall submit to the Secretary a
report not later than March 1, 1995, that describes progress
achieved in carrying out the plan required under section 303.
(b) Report to Congress.--The Secretary shall submit to the
Committee on Education and Labor of the House of
Representatives a report not later than October 1, 1995,
which contains a detailed statement regarding grant awards,
activities of grant recipients, a compilation of statistical
information submitted by applicants under section 303, and an
evaluation of programs established under this part.
SEC. 307. DEFINITIONS.
For purposes of this Act:
(1) Local educational agency.--The term ``local educational
agency'' has the meaning given such term in section 1471(12)
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 2891(12)).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Education.
When on motion of Mr. FORD of Michigan, by unanimous consent, it was,
Resolved, That the House insist upon its amendment to the amendment of
the Senate and request a conference with the Senate on the disagreeing
votes of the two Houses thereon.
Ordered, That the Clerk notify the Senate thereof.
Para. 12.10 motion to instruct conferees--h.r. 1804
Mr. DUNCAN moved that the managers on the part of the House at the
conference on the disagreeing votes of the two Houses on H.R. 1804, be
instructed to agree with section numbered 405 of the Senate amendment,
concerning school prayer.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. LEWIS of Georgia, announced that the yeas
had it.
Mr. DUNCAN objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
367
When there appeared
<3-line {>
Nays
55
Para. 12.11 [Roll No. 30]
YEAS--367
Allard
Andrews (NJ)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
[[Page 180]]
Barrett (WI)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Carr
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Combest
Condit
Cooper
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
Deal
DeFazio
DeLauro
DeLay
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
Engel
English
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Fingerhut
Fish
Foglietta
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kennelly
Kildee
Kim
King
Kingston
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mica
Michel
Miller (FL)
Minge
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Natcher
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Rowland
Royce
Rush
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Sensenbrenner
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Traficant
Tucker
Upton
Valentine
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wheat
Whitten
Williams
Wise
Wolf
Woolsey
Wyden
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--55
Abercrombie
Ackerman
Andrews (ME)
Becerra
Beilenson
Berman
Cardin
Clay
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Coyne
Dellums
Dingell
Durbin
Edwards (CA)
Eshoo
Filner
Ford (MI)
Frank (MA)
Gejdenson
Gonzalez
Hamburg
Johnston
Kleczka
Kopetski
Lantos
McDermott
Mfume
Miller (CA)
Mineta
Mink
Nadler
Olver
Owens
Payne (NJ)
Pelosi
Rostenkowski
Roybal-Allard
Sabo
Scott
Serrano
Stokes
Swift
Synar
Towns
Unsoeld
Velazquez
Vento
Washington
Waters
Watt
Waxman
Yates
NOT VOTING--11
Andrews (TX)
Brewster
de la Garza
Flake
Goodling
Hastings
Hilliard
Kennedy
Rangel
Smith (OR)
Wilson
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
Para. 12.12 appointment of conferees--h.r. 1804
Thereupon, the SPEAKER pro tempore, Mrs. CLAYTON, by unanimous
consent, announced the appointment of the following Members as managers
on the part of the House at said conference:
For consideration of all provisions of H.R. 1804 and the Senate
amendment thereto, except for title II of H.R. 1804 and sections 901-14
of the Senate amendment: Messrs. Ford of Michigan, Kildee, Miller of
California, Sawyer, and Owens, Mrs. Unsoeld, Mr. Reed, Mr. Roemer, Mrs.
Mink of Hawaii, Messrs. Engel, Becerra, and Gene Green of Texas, Ms.
Woolsey, Ms. English of Arizona, Messrs. Strickland, Payne of New
Jersey, Romero-Barcelo, Goodling, Gunderson, McKeon, and Petri, Ms.
Molinari, Mr. Cunningham, Mr. Miller of Florida, Mrs. Roukema, and Mr.
Boehner.
For consideration of title II of H.R. 1804 and sections 901-14 of the
Senate amendment, the Chair appoints the following conferees: Messrs.
Ford of Michigan, Owens, Payne of New Jersey, Scott, Sawyer, Goodling,
Ballenger, Barrett of Nebraska, and Fawell.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 12.13 hour of meeting
On motion of Mr. HOYER, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 10
o'clock a.m. on Thursday, February 24, 1994.
Para. 12.14 providing for the consideration of h.r. 6
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-426) the resolution (H. Res. 366) providing for consideration of
the bill (H.R. 6) to extend for six years the authorizations of
appropriations for the programs under the Elementary and Secondary
Education Act of 1965, and for certain other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 12.15 subpoena
The SPEAKER pro tempore, Mrs. CLAYTON, laid before the House a
communication, which was read as follows:
House of Representatives,
Washington, DC, February 15, 1994.
Hon. Thomas S. Foley,
Speaker of the House,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that I have been
served with a subpoena issued by the Civil Court of the City
of New York.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoena is
consistent with the privileges and precedents of the House.
Sincerely,
Jerrold Nadler,
Member of Congress.
Para. 12.16 subpoena
The SPEAKER pro tempore, Mrs. CLAYTON, laid before the House a
communication, which was read as follows:
House of Representatives,
Committee on House Administration,
Washington, DC, February 16, 1994.
Hon. Thomas S. Foley,
Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L of the Rules of the House that the Committee on
House Administration has been served with a subpoena issued
by the United States District Court for the District of
Columbia.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoena is not
inconsistent with the privileges and precedents of the House.
Sincerely,
Charlie Rose,
Chairman.
Para. 12.17 subpoena
The SPEAKER pro tempore, Mrs. CLAYTON, laid before the House a
communication, which was read as follows:
[[Page 181]]
House of Representatives,
Washington, DC, February 10, 1994.
Hon. Thomas S. Foley,
Speaker of the House,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that I have been
served with a subpoena issued by the United States District
Court for the Western District of Wisconsin.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoena is
consistent with the privileges and precedents of the House.
Sincerely,
F. James Sensenbrenner, Jr.,
Member of Congress.
Para. 12.18 communication from the president--economic report
The SPEAKER pro tempore, Mrs. CLAYTON, laid before the House a
communication from the President, which was read as follows:
To the Speaker of the House of Representatives and the
President of the Senate:
America has always thrived on change. We have used the
opportunities it creates to renew ourselves and build our
prosperity. But for too long and in too many ways, our Nation
has been drifting.
For the last 30 years, family life in America has been
breaking down. For the last 20 years, the real compensation
of working Americans has grown at a disappointing rate. For
12 years a policy of trickle-down economics built a false
prosperity on a mountain of Federal debt. As a result of our
national drift, far too many American families, even those
with two working parents, no longer dream the American dream
of a better life for their children.
In 1992, the American people demanded change. A year ago, I
sought your support for a comprehensive short-term and long-
term strategy to restore the promise of our country's
economic future. You responded, and together we replaced
drift and gridlock with renewal and reform. Together we have
taken the first necessary steps to restore growth in the
living standards of all Americans. We have created a sound
macroeconomic environment and strengthened the foundations of
future economic growth. As a result of our efforts, the
economy is now on a path of rising output, increasing
employment, and falling deficits.
establishing the fiscal conditions for sustained growth
For more than a decade, the Federal Government has been
living well beyond its means--spending much more than it has
taken in, and borrowing the difference. The resulting
deficits have been huge, both in sheer magnitude and as a
percentage of the Nation's output. Since 1981 the Federal
debt has been growing faster than the economy, reversing the
trend of the previous three decades. As a consequence of this
binge of deficit financing, Federal budget deficits have been
gobbling up an inordinate share of the Nation's savings,
driving up real long-term interests rates, discouraging
private investment, and impeding long-run private sector
growth.
On August 10, 1993, I signed the historic budget plan that
you passed several days earlier. It will reduce Federal
deficits by more than $500 billion. The plan is a balanced
package of cuts in spending and increases in revenues. The
spending cuts are specific, far-reaching, and genuine. They
will reduce discretionary spending by over 12 percent in real
terms in 5 years. The plan increases income tax rates for
only the top 1.2 percent of taxpayers, the group of Americans
who gained the most during the 1980s and are most able to pay
higher taxes to help reduce the deficit. At the same time, a
broad expansion of the earned income tax credit will help
make work pay for up to 15 million American families. Nine
out of ten small businesses will benefit from more-generous
tax breaks that will help them invest and grow. And new,
targeted capital gains tax relief will encourage investment
in new small businesses.
Our deficit reduction plan has been the principal factor in
the dramatic decline in long-term interest rates since my
election in November 1992. Lower interest rates, in turn,
have sparked an investment-driven economic expansion that has
created more private sector jobs during the last year than
were created during the previous four. The fact that
investment is leading the recovery is good news for living
standards, because investment is the key to productivity
growth and hence to growth in real incomes for all Americans.
investing in our nation's future
Laying the macroeconomic groundwork for sustained growth is
the government's first responsibility, but not its only
responsibility. Government also has a vital role to play in
providing some of the critical raw materials for economic
growth: science and technology, an educated and well-trained
work force, and public infrastructure. For much too long we
have underinvested in these areas, in comparison both with
our global competitors and with our own economic history. Our
overall budget deficit has masked another, equally disturbing
deficit--a deficit in the kinds of public investments that
lay the foundations for private sector prosperity.
Like private investments, well-chosen public investments
raise future living standards. As a consequence, deficit
reduction at the expense of public investment has been and
will continue to be self-defeating. That is why our budget
package increases much-needed public investment even as it
takes steps to reduce the budget deficit. One without the
other will not work.
With the help of the Congress, our public investment
initiatives in the areas of technology, infrastructure, the
environment, and education and training received about 70
percent of the funding we requested in fiscal year 1994. We
increased funding for such proven successes as Head Start and
the WIC program in the human resources area, and the Advanced
Technology Program of the National Institute of Standards and
Technology in the area of technological research. We also
launched a number of new initiatives, including the National
Service program, a new program of empowerment zones and
enterprise communities for urban and rural development, and
several new technology programs, including the Technology
Reinvestment Project, designed to help defense contractors
retool to serve civilian markets. We increased funding for
research into new environmental technologies. In addition, we
developed a comprehensive, cost-effective Climate Change
Action Plan, comprising nearly 50 initiatives to reduce U.S.
greenhouse gas emissions to 1990 levels by the year 2000.
As these examples bear witness, we have made significant
progress on our investment agenda, but much more remains to
be done. We will have to work together to find room to fund
essential new investments even as we reduce real government
outlays to meet tight annual caps on discretionary spending.
This will not be easy. But it is essential, for we face a
dual challenge--we must fundamentally change the composition
of discretionary spending even as we reduce it in real terms.
This year my Administration is requesting funding for
several new investment initiatives. Our Goals 2000 proposal
will encourage local innovation in and accelerate the pace of
school reform. It will link world-class academic and
occupational standards to grassroots education reforms all
across America. Our School-to-Work initiative will provide
opportunities for post-secondary training for those not going
on to college. Our reemployment and training program will
streamline today's patchwork of training programs and make
them a source of new skills for people who lose their jobs.
Finally, our proposed welfare reform will provide the
support, job training, and child care necessary to move
people off welfare after 2 years. That is the only way we
will make welfare what it ought to be: a second chance, not a
way of life.
reforming our health care system
This year we will also make history by reforming the
Nation's health care system. We face a health care crisis
that demands a solution, both for the health of our citizens
and for the health of our economy over the long run. The
United States today spends more on health care relative to
the size of its economy than any other advanced industrial
country. Yet we insure a smaller fraction of our population,
and we rank poorly on important overall health indicators
such as life expectancy and infant mortality. Over 15 percent
of Americans--nearly 39 million people--were uninsured
[[Page 182]]
throughout 1992. And tens of millions more have inadequate
insurance or risk becoming uninsured should they lose their
jobs. Meanwhile health care costs continue to climb,
increasing premiums and medical bills for American families
and aggravating budget crises at all levels of government.
Both the Office of Management and Budget and the
Congressional Budget Office have concluded that unless the
system is reformed, rising health care costs will begin
pushing the Federal budget deficit back upward as this
century comes to a close.
Piecemeal approaches to solving our health care crisis will
not work. If we simply squeeze harder on Federal health
spending, without attempting systemwide reform, more of the
costs of covering health services guaranteed by the
government will be shifted to the private sector, and medical
care for the elderly, the disadvantaged, and the disabled
will be put at risk. Similarly, if we attempt to provide
universal coverage without complementary measures to improve
competition and sharpen incentives for cost-conscious
decisions, costs will continue to escalate.
Our health care reform proposal, while bold and
comprehensive, builds on the strengths of our current,
market-based system. Our approach preserves consumer choice
and our largely employer-based private insurance
arrangements. It relies on market competition and private
incentives, not price controls and bureaucracy, to provide
health security for all Americans, to rein in health care
costs, and to solve our long-run budget deficit problem.
opening foreign markets
Raising the living standards of all Americans is the
fundamental economic goal of my Administration. That is why
all of our initiatives in international trade share a common
purpose: to open markets and promote American exports. This
emphasis on exports is driven by two simple facts. First,
America is part of an increasingly integrated world economy
and must adapt to this new reality if we are to stay on top.
There is simply no way to close our borders and return to the
insular days of the 1950s. To try to do so would be an
exercise in futility, doomed not only to fail but to lower
living standards in the process. Second, export industries
offer the kind of high-wage, high-skill jobs the country
needs. By shifting production toward more exports, we will
shift the composition of employment toward better jobs. In
short, to realize our goal of higher living standards for all
Americans, we must compete, not retreat.
The year just past will go down in the history books as a
watershed for trade liberalization. With your help, we
enacted the North American Free Trade Agreement, which links
the United States, Canada, and Mexico together in the world's
largest marketplace. We also successfully completed the
Uruguay Round of the General Agreement on Tariffs and Trade,
which promises to add as much as $100 billion to $200 billion
to the Nation's output by the end of a decade. And we are now
on a course of increasing trade and investment liberalization
with the rapidly growing economies of East Asia and the
Pacific, which will be a major source of new export
opportunities for American products in the coming years. At
home we have eliminated much of our export control system and
have rationalized our export promotion activities to help our
producers, workers, and farmers increase their sales around
the world.
improving the efficiency of government
My Administration is committed to improving the Federal
government's efficiency across the board. The National
Performance Review (NPR), completed under the bold leadership
of Vice President Gore, provides a road map for what must be
done. The NPR's report shows how substantial budgetary
savings can be realized by making existing programs more
efficient and cutting those that are no longer necessary. As
a result of our efforts to reinvent how the government
performs, we will reduce the Federal bureaucracy by 252,000
positions, bringing it down to the lowest level in decades.
My Administration is also committed to reducing the burden
of government regulations by improving the regulatory review
process. My Executive Order on Regulatory Planning and Review
requires that all new regulations carefully balance costs and
benefits, that only those regulations whose benefits exceed
their costs be adopted, and that in each case the most cost-
effective regulations be chosen.
This year we will also work with the Congress to develop
the new regulatory framework required to encourage the
development of the national information superhighway. We must
cooperate with the private sector to connect every classroom,
every library, and every hospital in America to this highway
by the year 2000. Rapid access to the most advanced
information available will increase productivity and living
standards, help to educate our children, and help health
providers improve medical care for our citizens.
the economic outlook
An economic strategy built on long-run investments will not
bear fruit overnight. But there are already signs that our
policy initiatives are beginning to pay off. Prospects for
sustained economic expansion look far brighter now than they
did a year ago, when my Administration first asked for your
support. Growth of real gross domestic product increased
steadily over the course of 1993, and the economic expansion
has continued into 1994. Consumer spending should remain
healthy because of continued gains in employment and output,
and investment spending should remain strong because of low
long-term interest rates and increasing levels of demand. Low
interest rates will also continue to support the recent
expansion in residential construction. The Administration
forecasts that the economy will grow at 3 percent in 1994 and
will remain on track to create 8 million jobs over 4 years.
As 1994 begins, our economy is strong and growing stronger.
With continued deficit reduction, more public investment, a
reformed health care system, increased exports, and a
reinvented government, we can create the foundations for an
even more prosperous America.
William J. Clinton.
The White House, February 14, 1994.
By unanimous consent, the communication was referred to the Joint
Economic Committee and ordered printed (H. Doc. 103-178).
Para. 12.19 enrolled bills signed
Mr. ROSE, from the Committee on House Administration, reported that
that committee had examined and found truly enrolled bills of the House
of the following titles, which were thereupon signed by the Speaker.
H.R. 2339. An Act to revise and extend the programs of the
Technology-Related Assistance for Individuals with
Disabilities Act of 1988, and for other purposes.
Para. 12.20 leave of absence
By unanimous consent, leave of absence was granted to Mr. BLACKWELL,
for today before 2:30 p.m.
And then,
Para. 12.21 adjournment
On motion of Mr. JEFFERSON, pursuant to the special order heretofore
agreed to, at 7 o'clock and 21 minutes p.m., the House adjourned until
10 o'clock a.m., Thursday, February 24, 1994.
Para. 12.22 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calender, as follows:
Mr. BEILENSON: Committee on Rules. House Resolution 366.
Resolution providing for consideration of the bill (H.R. 6)
to extend for 6 years the authorizations of appropriations
for the programs under the Elementary and Secondary Education
Act of 1965, and for certain other purposes (Rept. No. 103-
426). Referred to the House Calendar.
Para. 12.23 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. TAUZIN (for himself, Mr. Fields of Texas, Mr.
Hayes, Mr. Taylor of North Carolina, Mr. Stenholm,
Mr. Young of Alaska, Mr. Montgomery, Mr. Stupak, Mr.
Shuster, Mr. Stump, Mr. Pombo, Mr. Brewster, Mr.
Callahan, Mr. Hutto, Mr. Ortiz, Mr. Laughlin, Mrs.
Bentley, Mr. Bonilla, Mr. Cunningham, Ms. Danner, Mr.
Pickett, and Mr. Packard):
[[Page 183]]
H.R. 3875. To require certain Federal agencies to protect
the rights of private property owners; jointly, to the
Committees on Merchant Marine and Fisheries, Public Works and
Transportation, and the Judiciary.
By Mr. ALLARD (for himself and Mr. Penny):
H.R. 3876. A bill to set forth the appropriate budgetary
treatment of the health reform program; to the Committee on
Government Operations.
By Ms. BYRNE:
H.R. 3877. A bill to provide grants to States which comply
with certain requirements; to the Committee on the Judiciary.
By Mr. COOPER (for himself, Mr. Clement, Mr. Tanner,
Mr. Gordon, Mr. Duncan, Mr. Quillen, Mr. Ford of
Tennessee, Mrs. Lloyd, and Mr. Sundquist):
H.R. 3878. A bill to amend the Public Health Service Act to
establish a requirement of informed consent regarding the use
of human subjects in research conducted or supported by the
Federal Government, and for other purposes; to the Committee
on Energy and Commerce.
By Ms. DeLAURO (for herself, Mrs. Kennelly, Mr.
Gejdenson, Mrs. Johnson of Connecticut, Mr. Franks of
Connecticut, Mr. Shays, Mr. Wise, Ms. Eddie Bernice
Johnson of Texas, Mrs. Meek of Florida, Mr. Durbin,
Mr. Kopetski, Mr. Volkmer, Mr. McCloskey, Mr.
Poshard, Mr. Hamburg, Mr. Sabo, Mr. Scott, Mr.
Coppersmith, Mr. Fields of Louisiana, Mr. Torres, Mr.
Fazio, Ms. Velazquez, Ms. Pelosi, Mr. Olver, Mr.
Hoyer, Mrs. Morella, Ms. Kaptur, Mrs. Schroeder, Ms.
Slaughter, Mr. Blackwell, Mr. Pete Geren of Texas,
Mr. Gephardt, Mr. Cramer, Mr. Visclosky, Mr.
Torricelli, Mr. Reed, Mr. Kreidler, Mr. Murphy, Mr.
Frank of Massachusetts, Mr. Miller of California, Mr.
Foglietta, Mr. Serrano, Mr. Bishop, Mr. Engel, Mr.
Farr, Ms. Eshoo, Ms. Woolsey, Mrs. Lowey, Mr. Skaggs,
Ms. Waters, Ms. English of Arizona, Mr. Pastor, Mr.
Clement, Ms. Roybal-Allard, Mr. Sawyer, Mrs. Unsoeld,
Ms. Shepherd, Mrs. Clayton, Mr. Lewis of Georgia, Mr.
Bacchus of Florida, Mr. Borski, Mr. Holden, Mr.
Leach, and Mr. Kleczka):
H.R. 3879. A bill to authorize the minting of coins to
commemorate the 1995 Special Olympics World Games; to the
Committee on Banking, Finance and Urban Affairs.
By Mr. DICKEY (for himself, Mr. Dornan, Mr. Emerson,
Mr. Bartlett of Maryland, Mr. Bunning, Mr. Talent,
Mr. Istook, Mr. Knollenberg, Mr. Bachus of Alabama,
Mr. Inglis of South Carolina, Mr. Solomon, Mr. Armey,
Mr. Linder, Mr. McCrery, Mr. Barton of Texas, Mr.
Penny, Mr. Bereuter, Mr. Lipinski, and Mr. Boehner):
H.R. 3880. A bill to prohibit the Secretary of Health and
Human Services from finding that a State Medicaid plan is not
in compliance with title XIX of the Social Security Act
solely on the grounds that the plan does not cover abortions
for pregnancies resulting from an act of rape or incest if
coverage for such abortions is inconsistent with State law;
to the Committee on Energy and Commerce.
By Mr. DUNCAN:
H.R. 3881. A bill to amend the Small Business Act to
eliminate restrictions on providing financial assistance to
small business concerns engaged in media-related industries;
to the Committee on Small Business.
By Mr. GALLO (for himself, Mrs. Meyers of Kansas, Mr.
Zimmer, Mr. Saxton, Mr. Smith of New Jersey, Mr.
Franks of New Jersey, Mr. Emerson, Mr. Ewing, Mr.
Goodling, Mr. Knollenberg, Mr. Ridge, Mr. Baker of
Louisiana, Mr. Manzullo, Mr. Canady, Mr. Talent, Mr.
Portman, and Mr. Machtley):
H.R. 3882. A bill to require the President to consider the
job impact of comprehensive health care reform legislation
before such legislation takes effect; to the Committee on
Education and Labor.
By Mr. LEVY (for himself, Mr. Quinn, Mr. King, Mr.
Lazio, Mr. Solomon, Mr. Gilman, Ms. Molinari, Mr.
Paxon, Mr. McHugh, Mr. Boehlert, Mr. Walsh, Mr. Fish,
Mr. Houghton, Mr. Machtley, Mr. Bilirakis, Mr.
McCollum, Ms. Kaptur, Mr. Torkildsen, and Mr. Diaz-
Balart):
H.R. 3883. A bill to amend title 18, United States Code, to
prohibit the interstate transportation of a firearm with the
intent to commit a violent crime, and to impose the death
penalty for a violation that results in death; to the
Committee on the Judiciary.
By Mrs. MALONEY:
H.R. 3884. A bill to amend part E of title IV of the Social
Security Act to require, as a condition of receiving Federal
funds for foster care and adoption assistance, that States
require State agencies, in considering applications to adopt
certain foster children, to give preference to applications
of a foster parent or caretaker relative of the child; to the
Committee on Ways and Means.
By Mr. MOAKLEY:
H.R. 3885. A bill to direct the Consumer Product Safety
Commission to promulgate fire safety standards for cigarettes
and for other purposes; to the Committee on Energy and
Commerce.
By Mr. ORTIZ:
H.R. 3886. A bill to amend the boundaries of the Flower
Garden Banks National Marine Sanctuary; to the Committee on
Merchant Marine and Fisheries.
H.R. 3887. A bill to authorize the Secretary of
Transportation to convey the vessel U.S.S. Sphinx to the Rio
Grande Military Museum for use as a military museum; to the
Committee on Merchant Marine and Fisheries.
By Mrs. ROUKEMA:
H.R. 3888. A bill to amend the United States Housing Act of
1937 to improve the programs for public and Indian housing,
and for other purposes; to the Committee on Banking, Finance
and Urban Affairs.
By Mr. SOLOMON:
H.R. 3889. A bill to amend the chapter 15 of title 5,
United States Code, to eliminate the provision prohibiting
certain State and local employees from seeking elective
office; to the Committee on House Administration.
By Mr. SCHAEFER (for himself, Mr. Vento, Mr. Beilenson,
Mr. Bevill, Mr. Boucher, Ms. Dunn, Mr. Costello, Mr.
Farr, Mr. Foglietta, Ms. Furse, Mr. Gordon, Mr.
Hefley, Mr. Hughes, Mr. Kasich, Mr. Kleczka, Mr.
Klein, Mr. Markey, Mr. McDermott, Mr. Moran, Mrs.
Morella, Mr. McInnis, Mr. Miller of California, Mr.
Murtha, Mrs. Mink of Hawaii, Mr. Neal of
Massachusetts, Mr. Romero-Barcelo, Mr. Regula, Mr.
Slattery, Mr. Synar, Mr. Thomas of Wyoming, Mrs.
Unsoeld, Mr. Walsh, Mr. Wolf, and Mr. Underwood):
H.J. Res. 327. Joint resolution to designate June 4, 1994,
as ``National Trails Day''; to the Committee on Post Office
and Civil Service.
By Mr. JACOBS:
H. Con. Res. 208. Concurrent resolution declaring the sense
of Congress regarding periods of silence in the public
schools; jointly, to the Committees on the Judiciary and
Education and Labor.
By Mrs. KENNELLY (for herself, Mr. Jefferson, Mr.
Dellums, Mr. Foglietta, Mr. McDermott, Mr. Owens, Ms.
Pelosi, Ms. Waters, Mr. Frost, Mr. Gejdenson, Mr.
Scott, Mr. Lewis of Georgia, Mr. Bonior, Ms. Eddie
Bernice Johnson of Texas, Ms. Furse, Ms. Velazquez
and, Mr. Washington):
H. Con. Res. 209. Concurrent resolution expressing the
sense of the Congress that any comprehensive health care
reform legislation that is enacted should provide for annual
screenings of children under 6 years of age for lead
poisoning; jointly, to the Committees on Energy and Commerce
and Ways and Means.
By Ms. SNOWE (for herself, Mr. Gilman, Mr. Bilirakis,
Mr. Andrews of New Jersey, Mrs. Maloney, and Mr.
Deutsch):
H. Con. Res. 210. Concurrent resolution expressing the
sense of the Congress that the President should not have
granted diplomatic recognition to the former Yugoslav
Republic of Macedonia; to the Committee on Foreign Affairs.
By Mr. DINGELL:
H. Res. 367. Resolution providing amounts from the
contingent fund of the House for expenses of investigations
and studies by the Committee on Energy and Commerce in the 2d
session of the 103d Congress; to the Committee on House
Administration.
By Mr. TOWNS (for himself, Mrs. Collins of Illinois,
Ms. Velazquez, and Mrs. Vucanovich):
H. Res. 368. Resolution expressing the sense of the House
of Representatives with respect to the inclusion in any
comprehensive benefits package under health care reform of
mammography screenings for women under the age of 50;
jointly, to the Committees on Energy and Commerce and Ways
and Means.
Para. 12.24 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
287. By the SPEAKER: Memorial of the House of
Representatives of the State of Iowa, relative to the
renewable oxygenate standard; to the Committee on Energy and
Commerce.
288. Also, memorial of the Legislature of the Commonwealth
of Puerto Rico, relative to the redefinition of the political
formula of Commonwealth; to the Committee on Natural
Resources.
289. Also, memorial of the Senate of the State of West
Virginia, relative to the adoption of the Equal Rights
Amendment to the United States Constitution; to the Committee
on the Judiciary.
290. Also, memorial of the House of Delegates of the State
of West Virginia, relative to the adoption of the Equal
Rights Amendment to the United States Constitution; to the
Committee on the Judiciary.
Para. 12.25 private bills and resolutions
Under clause 1 of rule XXII, private bills and resolutions were
introduced and severally referred as follows:
By Mr. LEVY:
H.R. 3890. A bill to renew design patent numbered 251,990,
relating to a word game board, for a period of 10 years; to
the Committee on the Judiciary.
By Mr. TEJEDA:
H.R. 3891. A bill to waive certain time limitations with
respect to awarding the Medal of Honor to Rudolph Salais
Vela; to the Committee on Armed Services.
[[Page 184]]
Para. 12.26 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 28: Ms. McKinney.
H.R. 55: Mr. Borski.
H.R. 56: Mr. Kingston.
H.R. 167: Mr. Frank of Massachusetts, Mr. Jacobs, and Mr.
DeFazio.
H.R. 171: Mr. Hansen, Mr. Levy, Mr. Gallegly, and Mr.
Emerson.
H.R. 216: Mr. Franks of New Jersey.
H.R. 302: Mr. Parker, Mr. Thomas of Wyoming, Ms. Pryce of
Ohio, Mr. Saxton, and Ms. Slaughter.
H.R. 417: Mr. Bliley, Mr. Swett, and Mr. Cramer.
H.R. 509: Mr. Baker of California.
H.R. 512: Mr. Nadler.
H.R. 543: Mr. Packard and Mr. McCrery.
H.R. 591: Mr. Brown of Ohio.
H.R. 630: Mr. McDade, Mr. Bartlett of Maryland, and Mr.
Foglietta.
H.R. 654: Mr. Brown of California, Mr. Hefner, Mr. Skeen,
Mr. Markey, Mr. Barlow, Mrs. Lloyd, Mr. Santorum, Mr. Fish,
Mr. Dellums, Mr. Fawell, Mr. Sawyer, Mr. Fazio, Mr. Archer,
Mrs. Bentley, Mr. Andrews of New Jersey, Mr. Hobson, Ms.
Roybal-Allard, Mr. Holden, Mr. Mineta, Mr. Manzullo, Mr.
Parker, Mr. Traficant, Mr. Lewis of California, and Mr.
Hoekstra.
H.R. 657: Mr. Paxon, Mr. Crapo, and Mr. Bartlett of
Maryland.
H.R. 676: Mrs. Lloyd.
H.R. 702: Mr. Gilman, Mr. Sensenbrenner, and Mr. Barlow.
H.R. 794: Mr. Penny, Ms. Eshoo, and Mr. Applegate.
H.R. 885: Mr. Levy, Mr. Walker, Mr. Fish, and Mr. Kolbe.
H.R. 911: Mr. Lewis of Georgia, Mr. Owens, and Mr.
Schaefer.
H.R. 962: Mr. McHale.
H.R. 1055: Mr. Barrett of Wisconsin, Mr. Saxton, and Mr.
Lewis of Georgia.
H.R. 1086: Mr. Santorum.
H.R. 1155: Mr. Fish.
H.R. 1163: Mr. Kyl.
H.R. 1196: Mr. Shays and Mr. Nadler.
H.R. 1309: Mr. Klug and Mr. Goodling.
H.R. 1349: Mr. Santorum and Mr. Weldon.
H.R. 1354: Mr. Schumer, Ms. Brown of Florida, Mr. Deutsch,
Ms. Waters, and Mr. DeFazio.
H.R. 1391: Mr. Valentine, Mr. Borski, Mr. Hinchey, and Mr.
Moran.
H.R. 1423: Mr. Pete Geren of Texas, Mr. Baker of
California, Mr. Wise, Mr. Weldon, Mr. Mann, Mr. Meehan, Mr.
Sisisky, Mr. Yates, Mr. Santorum, Mr. Stearns, Mr. Skaggs,
and Mr. Sangmeister.
H.R. 1455: Mr. Swett and Mr. Ravenel.
H.R. 1496: Mr. Shays.
H.R. 1534: Mr. Dixon.
H.R. 1552: Mr. Johnson of Georgia, Mr. Wheat, and Mr.
Hoyer.
H.R. 1572: Mr. Grams.
H.R. 1671: Mr. Wolf, Mr. Pastor, and Mr. Goodling.
H.R. 1702: Mr. Gordon.
H.R. 1709: Mr. Hansen, Mr. Blackwell, Mr. Poshard, Ms.
Snowe, and Mr. Kyl.
H.R. 1719: Ms. Furse, Mr. Oberstar, and Mr. Solomon.
H.R. 1765: Mr. Bateman.
H.R. 1793: Mr. Andrews of Texas and Mr. Andrews of Maine.
H.R. 1961: Mr. Coleman and Ms. Furse.
H.R. 1968: Mr. Schaefer.
H.R. 1986: Mr. Peterson of Florida, Mr. Wolf, Mr. King and
Mr. Romero-Barcelo.
H.R. 2019: Mr. DeFazio and Mr. Leach.
H.R. 2091: Mr. Barrett of Wisconsin.
H.R. 2135: Mr. Pastor.
H.R. 2145: Mr. Lancaster, Mr. Lantos, Mr. Frank of
Massachusetts, Mr. Goodling, Mr. Manton, and Mr. Parker.
H.R. 2152: Mr. Faleomavaega.
H.R. 2268: Mr. Kingston, Mr. Rahall, Mr. Baesler, Mr.
Johnson of South Dakota, and Mr. Slattery.
H.R. 2271: Mr. Bachus of Alabama.
H.R. 2292: Mr. Andrews of New Jersey, Mr. Gallo, Mr.
Saxton, Mr. Peterson of Florida, and Mr. Ackerman.
H.R. 2418: Mr. Ehlers, Mr. Linder, Mr. Shaw, and Mr. Brown
of Ohio.
H.R. 2460: Mr. Cramer.
H.R. 2467: Mr. Ackerman, Mr. Barrett of Wisconsin, Mr.
Brown of California, Mr. Cardin, Ms. DeLauro, Mr. Gingrich,
Mr. Istook, Mr. Lantos, Mr. Lazio, Ms. Lowey, Mr. Ravenel,
Mr. Santorum, Mr. Saxton, Ms. Schenk, Mr. Stark, Mrs.
Unsoeld, and Mr. Walker.
H.R. 3534: Mr. Johnston of Florida, Mr. Hinchey, Mr.
Mineta, Mr. Torkildsen, and Ms. Harman.
H.R. 2638: Mrs. Morella, Mr. Lewis of Georgia, and Mr.
Zimmer.
H.R. 2649: Mr. Andrews of New Jersey.
H.R. 2671: Ms. Dunn.
H.R. 2721: Mrs. Meek of Florida, Mr. Romero-Barcelo, and
Mr. Dixon.
H.R. 2790: Mr. Conyers and Mr. Gejdenson.
H.R. 2862: Mrs. Meyers of Kansas.
H.R. 2863: Mr. Nadler.
H.R. 2886: Mr. Smith of Texas.
H.R. 2896: Mr. Levy and Mr. Cramer.
H.R. 2898: Mr. Dixon.
H.R. 2929: Mr. Lazio.
H.R. 2930: Mr. Kopetski, Mr. Foglietta, Ms. Brown of
Florida, Mr. DeFazio, Mr. Faleomavaega and Mr. Abercrombie.
H.R. 2959: Mr. Packard, Mr. Pombo, Mr. Baker of California,
Ms. Shepherd, Mr. Machtley, Mr. Hall of Texas, and Ms. Pryce
of Ohio.
H.R. 3031: Mr. Ramstad.
H.R. 3121: Mrs. Thurman.
H.R. 3248: Mr. Hinchey.
H.R. 3266: Mr. Kasich, Mr. Peterson of Minnesota, Mr.
Meehan, Mr. Tauzin, Mr. Cox, Mr. Michel, Mrs. Meyers of
Kansas, Mr. Moorhead, Mr. Rohrabacher, Mr. Wolf, Mr. Bunning,
Mr. Hoke, Mr. Oxley, Mr. Petri, Mr. Stump, Mr. Packard, Mr.
Young of Florida, Mr. Young of Alaska, Mr. Orton, Mr.
Gallegly, Mr. Smith of New Jersey, Mr. Gallo, Mr. Ehlers, Mr.
Hyde, Mr. Thomas of California, Mr. Deal, Mr. Gillmor, Mr.
Gekas, Mr. Stenholm, Mr. Taylor of Mississippi, and Mr. Pete
Geren of Texas.
H.R. 3322: Mr. Thompson.
H.R. 3333: Mr. Royce.
H.R. 3367: Mr. Frank of Massachusetts, Mr. Cunningham, and
Mrs. Fowler.
H.R. 3372: Mr. Condit, Mr. Lancaster, Ms. Brown of Florida,
Mr. Parker, Mr. Pallone, Mr. Clyburn, Ms. DeLauro, Mr.
Waxman, Mr. Solomon, Mr. Wolf, Mr. Browder, Mr. Markey, Mr.
Cooper, Mr. Pickett, Ms. Eshoo, Mr. Schaefer, and Mr. Saxton.
H.R. 3392: Mr. Peterson of Florida, Mr. Quinn, Mr. Burton
of Indiana, Mr. Swift, Mr. Clyburn, Mr. Spratt, and Mr.
Brewster.
H.R. 3397: Mr. Minge, Mrs. Mink of Hawaii, and Mr.
Menendez.
H.R. 3461: Mr. Rangel and Mr. Parker.
H.R. 3462: Mr. Rangel and Mr. Parker.
H.R. 3463: Mr. Rangel, Mr. Parker, Mr. Kopetski, and Mr.
DeFazio.
H.R. 3472: Mr. Parker, Mrs. Maloney, Ms. Eddie Bernice
Johnson of Texas, Mr. Johnson of South Dakota, and Ms. Byrne.
H.R. 3490: Mr. Bereuter, Mr. Brown of California, Mr.
Fields of Texas, and Mr. Vento.
H.R. 3492: Mr. Pomeroy, Mr. Parker, and Mr. Romero-Barcelo.
H.R. 3519: Mr. Solomon.
H.R. 3526: Mr. Swett, Mr. Smith of New Jersey, Mr.
McCollum, Mr. Lewis of California, Mr. Conyers, Mr. Coleman,
Mr. Bonior, Mr. Markey, Mr. Lewis of Florida, and Mr.
Bilbray.
H.R. 3546: Mr. Rose, Mr. Spence, Mr. Peterson of Florida,
Mr. Bonilla, Mr. Boehner, Mr. Kopetski, Mr. Hughes, and Mr.
Sisisky.
H.R. 3626: Mr. Nadler.
H.R. 3633: Mr. Miller of Florida, Ms. Pryce of Ohio, Mr.
Bunning, Mr. Gingrich, Mr. Walker, Mr. Doolittle, Mr. Paxon,
Mr. Shaw, Mr. Bartlett of Maryland, Mrs. Fowler, and Mr.
Manzullo.
H.R. 3636: Mr. LaFalce, Mr. Quinn, Mr. Boehlert, Mr.
Nadler, Mr. Swett, Mr. Paxon, and Mr. Torkildsen.
H.R. 3656: Mr. Wyden and Mr. Porter.
H.R. 3660: Mr. Pete Geren of Texas, Mr. Jacobs, Mr.
Mazzoli, Mr. Hall of Ohio, and Mr. Hoyer.
H.R. 3685: Mr. Doolittle, Mr. Solomon, Mr. Boehner, and
Mrs. Lowey.
H.R. 3706: Mr. Dixon, Mr. Jefferson, and Mr. Rangel.
H.R. 3720: Mr. Gutierrez and Ms. Furse.
H.R. 3757: Mr. Lancaster and Mr. Gunderson.
H.R. 3762: Mr. Berman, Mrs. Mink of Hawaii, Mr. Linder, Mr.
Bateman, Mr. Faleomavaega, Mr. Fish, and Mr. Cox.
H.R. 3783: Mr. Hughes and Ms. Furse.
H.R. 3789: Mrs. Fowler.
H.R. 3810: Mr. Peterson of Minnesota, Mr. Young of Alaska,
Mr. Stupak, Mr. Pete Geren of Texas, Mr. Skeen, and Mrs.
Clayton.
H.R. 3814: Mr. Klug, Mr. Levy, Mrs. Meyers of Kansas, Mr.
Skeen, Mr. Torkildsen, and Mr. Zimmer.
H.R. 3851: Mr. King, Mr. Lipinski, Mr. Talent, Mr. Hansen,
Mr. Bartlett of Maryland, Mr. Collins of Georgia, Mr.
McInnis, and Mr. Smith of Texas.
H.R. 3860: Mr. Solomon, Mr. Coble, Mr. Linder, Mr. Weldon,
and Mr. Calvert.
H.R. 3862: Mr. Bachus of Alabama, Mr. Baker of Louisiana,
Mr. Browder, Mr. Everett, Mr. Hansen, Mr. Hayes, Mr. Kasich,
Mr. Roberts, Mr. Schaefer, Mr. Smith of Oregon, and Mr.
Tanner.
H.R. 3872: Mr. Gibbons and Mrs. Thurman.
H.J. Res. 21: Mr. Torkildsen.
H.J. Res. 22: Mr. Solomon.
H.J. Res. 103: Mr. Ehlers.
H.J. Res. 173: Mr. DeLay.
H.J. Res. 199: Mr. Durbin, Mr. Gilchrest, Mr. Coyne, Mr.
Miller of Florida, Mr. Pickle, Mr. Hobson, Mr. Sundquist, Ms.
Snowe, Mr. Volkmer, Mr. Chapman, Mr. Bevill, Mr. Shaw, Mrs.
Vucanovich, Mr. Archer, Mr. Lipinski, Mrs. Thurman, Mr. King,
Mr. Taylor of Mississippi, Mr. Ford of Michigan, Mr.
Goodlatte, Mr. Olver, Mr. Barlow, Mr. Glickman, Ms. Danner,
Mr. Kingston, Mr. Rohrabacher, Ms. Margolies-Mezvinsky, Mr.
Gingrich, and Mr. Hutto.
H.J. Res. 209: Mrs. Meyers of Kansas and Mr. Knollenberg.
H.J. Res. 303: Mr. McDermott, Mr. Regula, Mr. Pastor, Mr.
Levy, Mr. Waxman, Mr. Gekas, Mrs. Meyers of Kansas, Mr.
Vento, Mr. Synar, Mr. Kopetski, Mr. Sisisky, Mr. Bonior, Mr.
Romero-Barcelo, Mr. Hughes, Mr. Mann, Mr. Bevill, Mr.
Lightfoot, and Mr. Sawyer.
H.J. Res. 310: Mr. Frank of Massachusetts, Mr. Payne of New
Jersey, Mr. Washington, Mr. LaFalce, Mrs. Meyers of Kansas,
Mr. Levin, Mr. Deutsch, Mr. Gekas, Mr. Sanders, Mr. Holden,
Mr. Ridge, Mr. Fish, Ms. Shepherd, Mr. Stark, Mr. Hamilton,
Mr. Borski, Mr. Levy, Mr. Hoke, Mr. Andrews of New Jersey,
Mr. Schiff, Mr. Sundquist, Mr. Baker of California, Mr.
Fawell, Mr. Rose, Mr. Bilbray, and Mr. Gejdenson.
H.J. Res. 318: Mr. Montgomery, Mr. Oberstar, Mr.
Knollenberg, Mr. Hochbrueckner, Mr. Wolf, Mr. Leach, Mr.
Traficant, and Mr. Kasich.
H.J. Res. 321: Mr. Evans, Mr. Blute, Mr. Hansen, and Mr.
Petri.
H. Con. Res. 84: Mrs. Meek of Florida, Mr. Fields of
Louisiana, Mr. Lewis of Georgia,
[[Page 185]]
Mr. Johnson of Georgia, and Mrs. Schroeder.
H. Con. Res. 110: Mr. Farr.
H. Con. Res. 148: Mr. Tucker and Mr. Fish.
H. Con. Res. 150: Mr. Gene Green of Texas, Mr. Levy, and
Mr. Castle.
H. Con. Res. 156: Mr. Brown of Ohio and Ms. Slaughter.
H. Con. Res. 199: Mr. Hughes, Mr. Livingston, Mr. Dellums,
Mr. McCloskey, Mr. Johnson of South Dakota, Mr. Regula, and
Mr. Pickett.
H. Res. 236: Mr. Gutierrez, Mrs. Kennelly, Mr. Myers of
Indiana, Mrs. Bentley, Ms. Lowey, Mr. Markey, Mr. Cardin, Mr.
Sarpalius, Mr. Hoekstra, Mr. Sharp, Mr. Bliley, Mr. Glickman,
Mr. Sangmeister, Mr. Hamilton, Mr. Calvert, Mr. Leach, Mr.
Hefley, Mr. Evans, Mr. Filner, Mr. McCloskey, Mr. Visclosky,
Ms. Cantwell, Ms. DeLauro, Mr. Scott, Mr. Traficant, Mr.
Talent, Mr. Coble, Mr. Minge, Mr. Gejdenson, Ms. Dunn, and
Mr. Conyers.
H. Res. 238: Mr. Ehlers, Mr. Walsh, Mr. Ravenel, Mr.
Ballenger, Mrs. Vucanovich, Mr. Bachus of Alabama, and Mr.
Wolf.
H. Res. 281: Mr. Valentine, Mr. Hamilton, Mr. Inslee, Mr.
Barrett of Wisconsin, Mr. Brewster, Ms. Schenk, Mr. Clement,
and Ms. Shepherd.
H. Res. 343: Mr. Waxman, Mr. LaRocco, and Mr. Hughes.
H. Res. 354: Mr. Torkildsen.
H. Res. 362: Mr. Traficant, Mr. Rose, Mr. Moakley, Ms.
Schenk, Mr. Blute, Mr. Gejdenson, Mrs. Meek of Florida, Mr.
DeFazio, Mr. Boucher, Ms. Snowe, Mr. Manton, and Ms.
Shepherd.
H. Res. 365: Mr. Klug and Mr. Poshard.
Para. 12.27 petitions, etc.
Under clause 1 of rule XXII, petitions and papers were laid on the
Clerk's desk and referred as follows:
71. By the SPEAKER: Petition of the Delegation of the
Commission of the European Communities, Washington, DC,
relative to expressing condolences at the passing of former
Speaker O'Neill; to the Committee on House Administration.
72. Also, petition of the Ambassador of the Embassy of
Ethiopia, Washington, DC, relative to expressing condolences
at the passing of former Speaker O'Neill; to the Committee on
House Administration.
73. Also, petition of the Charge d'affaires of the Embassy
of Ireland, relative to expressing condolences at the passing
of former Speaker O'Neill; to the Committee on House
Administration.
74. Also, petition of the Speaker of the House of
Representatives, Tokyo, Japan, relative to expressing
condolences at the passing of former Speaker O'Neill; to the
Committee on House Administration.
75. Also, petition of the Kansas Republic State Committee,
Topeka, KS, relative to the proposed Federal Health Security
Act; jointly, to the Committees on Energy and Commerce, Ways
and Means, and Education and Labor.
.
THURSDAY, FEBRUARY 24, 1994 (13)
The House was called to order by the SPEAKER.
Para. 13.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Wednesday, February 23, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 13.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2613. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting the Bank's
report on compensation of employees, pursuant to Public Law
102-429, section 117(c) (106 Stat. 2196); to the Committee on
Banking, Finance and Urban Affairs.
2614. A letter from the Federal Housing Finance Board,
transmitting the Board's annual report on the low-income
housing and community development activities of the Federal
Home Loan Bank System for calendar year 1992, pursuant to 12
U.S.C. 1422a; to the Committee on Banking, Finance and Urban
Affairs.
2615. A letter from the Chairman, Harry S. Truman
Scholarship Foundation, transmitting the Foundation's annual
report for 1993, pursuant to 20 U.S.C. 2012(b); to the
Committee on Education and Labor.
2616. A letter from the Secretary, Department of
Transportation, transmitting the annual report on railroad
financial assistance for fiscal year 1993, pursuant to Public
Law 96-448, section 409; to the Committee on Energy and
Commerce.
2617. A letter from the Secretary, Department of
Transportation, transmitting the 18th annual report on the
Automotive Fuel Economy Program, pursuant to 15 U.S.C.
2002(a)(2); to the Committee on Energy and Commerce.
2618. A letter from the Acting Chief Financial Officer,
Department of Energy, transmitting notification that the
Department's report on the uncosted obligation balances of
the Department for the previous fiscal year will be
transmitted on or before March 14, 1994; to the Committee on
Energy and Commerce.
2619. A letter from the Director, National Institute on
Deafness and Other Communication Disorders, transmitting an
updated national strategic research plan for hearing and
hearing impairment and voice and voice disorders, pursuant to
Public Law 100-553, section 2 (102 Stat. 2773); to the
Committee on Energy and Commerce.
2620. A letter from the Secretary of Energy, transmitting
the Department's report on procedures for overseeing the
expenditure by States and territories of stripper well and
Exxon funds and the status of any pending enforcement actions
with regard to the expenditure of those funds; to the
Committee on Energy and Commerce.
2621. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the 17th annual
report to Congress on Americans incarcerated abroad, pursuant
to 42 U.S.C. 2151n-1; to the Committee on Foreign Affairs.
2622. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting certification
pursuant to the Cooperative Threat Reduction Act of 1993; to
the Committee on Foreign Affairs.
2623. A letter from the Secretary of Defense, transmitting
a report pursuant to section 1206 of the Cooperative Threat
Reduction Act of 1993; to the Committee on Foreign Affairs.
2624. A letter from the Comptroller General of the United
States, General Accounting Office, transmitting the
Comptroller General's 1993 annual report, and a supplement
summary tables of GAO personnel assigned to congressional
committees for fiscal year 1993, pursuant to 31 U.S.C.
719(a); to the Committee on Government Operations.
2625. A letter from the Assistant Secretary for Human
Resources and Administration, Department of Energy,
transmitting a report of activities under the Freedom of
Information Act for calendar year 1993, pursuant to 5 U.S.C.
552(e); to the Committee on Government Operations.
2626. A letter from the Assistant Secretary for Management
and Budget, Department of Health and Human Services,
transmitting the Department's report on management of
consultant services contracts; to the Committee on Government
Operations.
2627. A letter from the Executive Secretary, National
Security Council, transmitting a report of activities under
the Freedom of Information Act for calendar year 1993,
pursuant to 5 U.S.C. 552(d); to the Committee on Government
Operations.
2628. A letter from the Chairman, U.S. Merit System
Protection Board, transmitting a report of activities under
the Freedom of Information Act for calendar year 1993,
pursuant to 5 U.S.C. 552(d); to the Committee on Government
Operations.
2629. A letter from the Secretary, Department of
Transportation, transmitting the Department's fiscal year
1992 report entitled, ``Overweight Vehicles--Penalties and
Permits,'' pursuant to 23 U.S.C. 141 nt.; to the Committee on
Public Works and Transportation.
2630. A letter from the Administrator, Federal Aviation
Administration, transmitting a copy of the updated Aviation
System Capital Investment Plan [CIP], pursuant to 49 U.S.C.
app. 2203(b)(1); to the Committee on Public Works and
Transportation.
2631. A letter from the Director, National Science
Foundation, transmitting the Foundation's annual metrication
report; to the Committee on Science, Space, and Technology.
2632. A communication from the President of the United
States, transmitting his economic report, together with the
annual report of the Council of Economic Advisers, pursuant
to 15 U.S.C. 1022(a) (H. Doc. No. 103-178); to the Joint
Economic Committee and order to be printed.
2633. A letter from the Chairman, Federal Reserve System,
transmitting the Board's monetary policy report for 1994,
pursuant to 12 U.S.C. 225a; jointly, to the Committees on
Banking, Finance and Urban Affairs, and Education and labor.
2634. A letter from the Secretary, Department of
Transportation, transmitting the Department's report
entitled, ``Improvements to Hazardous Materials
Identification Systems,'' pursuant to Public Law 101-615,
section 25(d) (104 Stat. 3275); jointly, to the Committees on
Public Works and Transportation and Energy and Commerce.
2635. A communication from the President of the United
States, transmitting a list of 50 projects selected to
receive Federal matching funds under the Technology
Reinvestment Project; jointly, to the Committees on Science,
Space, and Technology; Energy and Commerce; Education and
Labor; and Armed Services.
Para. 13.3 providing for the consideration of h.r. 6
Mr. BEILENSON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 366):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 6) to extend for six years the authorizations
of appropriations for the programs under the Elementary and
Secondary Education Act of 1965, and for certain other
purposes. The first reading of the bill shall be dispensed
with. Points of order against consideration of the bill for
failure to comply with section 302(f) of the
[[Page 186]]
Congressional Budget Act of 1974 are waived. General debate
shall be confined to the bill and shal not exceed two hours
equally divided and controlled by the chairman and ranking
minority member of the Committee on Education and Labor.
After general debate the bill shall be considered for
amendment under the five-minute rule. It shall be in order to
consider as an original bill for the purpose of amendment
under the five-minute rule the amendment in the nature of a
substitute recommended by the Committee on Education and
Labor now printed in the bill, modified by the amendment
printed in section 2 of this resolution. The committee
amendment in the nature of a substitute, as modified, shall
be considered by title rather than by section. Each title of
the committee amendment in the nature of a substitute, as
modified, shall be considered as read. Title I of the
committee amendment in the nature of a substitute, as
modified, shall be considered by title of the Elementary and
Secondary Education Act of 1965, as proposed to be amended by
title I. Point of order against the committee amendment in
the nature of a substitute, as modified, for failure to
comply with clause 7 of rule XVI or clause 5(a) of rule XXI
are waived. No amendment to the committee amendment in the
nature of a substitute, as modified, shall be in order unless
printed in the report of the Committee on Rules accompanying
this resolution or in the portion of the Congressional Record
designated for that purpose in clause 6 of rule XXIII prior
to Friday, February 25, 1994. Before consideration of any
other amendment it shall be in order to consider the
amendments printed in the report of the Committee on Rules
accompanying this resolution. Each amendment printed in the
report may be offered only in the order printed, may be
offered only by a Member designated in the report, may amend
portions of the bill not yet read for amendment, shall be
considered as read, shall be debatable for one hour equally
divided and controlled by the proponent and an opponent,
shall not be subject to amendment, and shall not be subject
to a demand for division of the question in the House or in
the Committee of the Whole. Amendments caused to be printed
by Representative Kildee of Michigan may be considered en
bloc, may amend portions of the bill not yet read for
amendment, shall be considered as read, and shall not be
subject to a demand for division of the question in the House
or in the Committee of the Whole. At the conclusion of
consideration of the bill for amendment the Committee shall
rise and report the bill to the House with such amendments as
may have been adopted. Any Member may demand a separate vote
in the House on any amendment adopted in the Committee of the
Whole to the bill or to the committee amendment in the nature
of a substitute, as modified. The previous question shall be
considered as ordered on the bill and amendments thereto to
final passage without intervening motion except one motion to
recommit with or without instructions.
Sec. 2. The amendment in the nature of a substitute
recommended by the Committee on Education and Labor now
printed in the bill is modified by striking section 8014 of
the Elementary and Secondary Education Act of 1965, as
proposed to be amended by title I (page 729, line 15, through
page 730, line 21).
When said resolution was considered.
After debate,
On motion of Mr. BEILENSON, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 13.4 america's schools
The SPEAKER pro tempore, Mr. SHARP, pursuant to House Resolution 366
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 6) to extend for six years the authorizations of appropriations
for the programs under the Elementary and Secondary Education Act of
1965, and for certain other purposes.
The SPEAKER pro tempore, Mr. SHARP, by unanimous consent, designated
Mr. PRICE as Chairman of the Committee of the Whole.
The Acting Chairman, Mr. BEILENSON assumed the Chair; and after some
time spent therein,
Para. 13.5 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. FORD of Michigan:
Page 218, strike lines 10 through 18
Page 762, after line 8, insert the following:
``SEC. 9508. APPLICABILITY TO HOME SCHOOLS
``Nothing in this Act shall be construed to affect home
schools.''
It was decided in the
Yeas
424
<3-line {>
affirmative
Nays
1
Para. 13.6 [Roll No. 31]
AYES--424
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Natcher
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--1
Miller (CA)
NOT VOTING--13
Andrews (TX)
de Lugo (VI)
Faleomavaega (AS)
Gejdenson
Green
[[Page 187]]
Hastings
Kennedy
Kennelly
McDermott
Synar
Washington
Waters
Wilson
So the amendment was agreed to.
After some further time,
Para. 13.7 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendments en bloc, as modified, submitted by
Mr. ARMEY:
On page 218, line 14, insert ``public'' before ``schools''
and strike ``under the jurisdiction of the agency''.
On page 218, line 16, after ``assigned.'' insert the
following new sentence:
``Nothing in this subsection shall be construed to require
the certification or regulation of teachers in any private,
religious, or home school.''
On page 735, line 6, insert ``institutional'' after
``nonprofit''.
On page 737, line 13, insert ``institutional'' after
``nonprofit''.
On page 762, line 9, insert the following new section and
redesignate subsequent sections accordingly:
``SEC. 9508. GENERAL PROVISION REGARDING NON-RECIPIENT
NONPUBLIC SCHOOLS.
``Nothing in this Act shall be construed to permit, allow,
encourage, or authorize any federal control over any aspect
of any private, religious, or home school, whether or not a
home school is treated as a private school or home school
under State law. This section shall not be construed to bar
private, religious or home schools from participation in
programs or services under the Act.''.
It was decided in the
Yeas
374
<3-line {>
affirmative
Nays
53
Para. 13.8 [Roll No. 32]
AYES--374
Allard
Andrews (ME)
Andrews (NJ)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Faleomavaega (AS)
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foley
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Menendez
Meyers
Mfume
Mica
Michel
Miller (FL)
Minge
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Morella
Murphy
Myers
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Royce
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Traficant
Tucker
Underwood (GU)
Upton
Valentine
Volkmer
Vucanovich
Walker
Walsh
Waxman
Weldon
Wheat
Whitten
Williams
Wise
Wolf
Woolsey
Wyden
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--53
Abercrombie
Ackerman
Becerra
Blackwell
Carr
Clay
Collins (IL)
Collins (MI)
Conyers
Coyne
de Lugo (VI)
Dellums
Dingell
Edwards (CA)
Foglietta
Ford (MI)
Frank (MA)
Gonzalez
Hamburg
Hilliard
Johnston
Kildee
Kopetski
Lewis (GA)
Matsui
McDermott
Meek
Miller (CA)
Mineta
Mink
Moran
Nadler
Natcher
Norton (DC)
Olver
Owens
Payne (NJ)
Rangel
Reynolds
Romero-Barcelo (PR)
Roybal-Allard
Sawyer
Stark
Stokes
Swift
Towns
Unsoeld
Velazquez
Vento
Visclosky
Waters
Watt
Yates
NOT VOTING--12
Andrews (TX)
Gejdenson
Green
Hastings
Kennedy
Kennelly
Laughlin
Murtha
Rush
Synar
Washington
Wilson
So the amendments en bloc, as modified, were agreed to.
After some further time,
Para. 13.9 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendments en bloc, as modified, submitted by
Mr. KILDEE:
Page 5, amend the heading for part E of title II of the
Elementary and Secondary Education Act of 1965 in the table
of contents as follows:
``Part E--Innovative Education Program Strategies''.
Page 8, in the item relating to title V, strike:
``TITLE V--MAGNET SCHOOLS ASSISTANCE
``PART A--PROMOTING EQUITY''
and insert
``TITLE V--PROMOTING EQUITY
``PART A--MAGNET SCHOOLS ASSISTANCE''
Page 15, in the item relating to section 501, strike
``study'' and insert ``evaluation''.
Page 37, strike lines 8 through 11 (and redesignate any
subsequent paragraphs accordingly).
Page 37, line 23, strike ``and revision''.
Page 37, after line 23, insert the following (and
redesignate any subsequent paragraphs accordingly):
``(2) shall appoint individuals to the peer review process
who shall be representative of State educational agencies,
local educational agencies, teachers, and parents;''.
Page 52, line 19, after ``1117'' insert ``(c)(1) and (e)''.
Page 52, line 20, after ``system'' insert ``, together with
other providers of assistance with which the State has made
specific arrangements to assist schoolwide programs, such as
comprehensive technical assistance centers, regional
laboratories, and institutions of higher education,''.
Page 52, line 22, strike ``, including'' and all that
follows through ``team'' on line 24.
Page 56, line 18, after ``local educational agency'' insert
``and its school support team or other technical assistance
provider consistent with the provisions in subsections (c)(1)
and (e) of section 1117''.
Page 59, strike lines 8 through 14 and insert the
following:
identification shall be subject to corrective actions by the
local educational agency, as well as, where appropriate,
termination of schoolwide program status.
``(3) A school that has forfeited its schoolwide status may
not regain such status until the local educational agency
determines that the school has adequately reformed its
schoolwide program plan to enable it to make adequate
progress toward meeting the State's challenging performance
standards.
Page 70, line 16, strike ``; and'' and insert a comma.
Page 70, line 18, before the period insert ``, and in the
case of schoolwide programs, terminating schoolwide status''.
Page 72, line 20, strike ``standards.'' and insert
``standards, and submit such plan to the State educational
agency for approval.''.
Page 188, line 21, strike ``and middle schools'' and insert
``, middle schools, and secondary schools''.
Page 311, strike line 20 and insert the following:
[[Page 188]]
``PART E--INNOVATIVE EDUCATION PROGRAM STRATEGIES''.
Page 312, line 8, strike ``Goals 2000'' and insert ``Goals
2000: Educate America Act''.
Page 313, beginning on line 25, strike ``the Trust
Territory of the Pacific Islands''.
Page 314, line 1, insert ``and Palau (until the effective
date of the Compact of Free Association with the Government
of Palau),'' after ``the Northern Mariana Islands,''.
Page 319, line 19, strike ``chapter'' and insert ``part''.
Page 322, line 15, after ``local'' insert ``educational''.
Page 445, strike lines 7 through 9 and insert the
following:
``TITLE V--PROMOTING EQUITY
``PART A--MAGNET SCHOOLS ASSISTANCE''.
Page 757, line 5, strike ``and''.
Page 757, line 6, insert the following (and redesignate any
subsequent subparagraphs accordingly):
``(B) Subpart 1 of part B and part C of title II; and''.
Page 802, strike lines 14 through 25.
Page 898, line 12, strike ``Study'' and insert
``Evaluation''.
Page 898, line 14, strike ``In addition to'' and insert
``In collaboration with''.
Page 898, line 17, strike ``study'' and insert
``evaluation''.
Page 898, line 21, strike ``study'' and insert
``evaluation''.
Page 898, line 25, strike ``study'' and insert
``evaluation''.
Page 899, line 2, after ``Opportunities Act'' insert ``and
shall be coordinated with evaluations of such acts''.
Page 899, line 3, strike ``study'' and insert
``evaluation''.
Page 899, line 13, strike ``study'' and insert
``evaluation''.
Page 899, line 20, strike ``to such'' and insert ``with
such''.
Page 900, line 3, strike ``study'' and insert
``evaluation''.
Page 900, line 11, strike ``study'' and insert
``evaluation''.
Page 900, line 17, strike ``study'' and insert
``evaluation''.
Page 900, line 19, after ``report.'' insert ``The panel
shall not be subject to the Federal Advisory Committee
Act.''.
Page 901, strike lines 2 through 4 and insert the
following: ``Any authority or requirement to make funds
available under this Act shall be effective only to the
extent provided in appropriation Acts.
Strike out part G of title VI of the Elementary and
Secondary Education Act of 1965, as proposed to be added by
the amendment made by section 101 of the bill (page 519, line
8 through page 617, line 24).
Page 875, after line 20, insert the following:
PART F--AMENDMENTS TO STATUTES PERTAINING TO INDIAN EDUCATION
SEC. 351. BUREAU OF INDIAN AFFAIRS.
Part B of title XI of Public Law 95-561 (25 U.S.C. 2001 et
seq.) is amended to read as follows:
Page 875, after line 20, insert the text set out in the
bill as part G of title VI of the Elementary and Secondary
Education Act of 1965 (page 519, line 8 through page 617,
line 24) and redesignate that part as part B, redesignate the
sections in that part so as to begin with section 1121, and
revise cross references to those sections accordingly.
Page 875, after line 20, insert the following:
SEC. 352. APPLICATION WITH RESPECT TO INDIAN SELF-
DETERMINATION AND EDUCATION ASSISTANCE ACT.
Section 5209(a) of the Tribally Controlled Schools Act of
1988 (25 U.S.C. 2508(a)) is amended to read as follows:
``(a) Certain Provisions To Apply to Grants.--All
provisions of section 5, 6, 7, 104, 105(f), 109, and 111 of
the Indian Self-Determination and Education Assistance Act,
except those provisions relating to indirect costs and length
of contract, shall apply to grants provided under this
part.''.
SEC. 353. PAYMENTS.
Section 5209(e) of Public Law 100-297, the Tribally
Controlled Schools Act of 1988, is amended--
(1) by striking ``the amount of the grant under section
5205 (and the amount of funds referred to in that section),
any payments to be made under section 5208 of this Act,'' and
inserting in lieu thereof: ``a grant authorized to be made
pursuant to this part or any amendment to such grant'';
(2) by striking ``the amount of, or payment of, the
administrative grant'' and inserting in lieu thereof ``an
administrative cost grant''; and
(3) by adding at the end thereof ``and the Equal Access to
Justice Act shall apply to administrative appeals filed after
January 1, 1994, by grantees regarding the Tribally
Controlled Schools Grant and Administrative Cost Grants.''.
SEC. 354. ENDOWMENT FUNDS.
Section 302 of Public Law 95-471, the Tribally Controlled
Community Colleges Assistance Act of 1978, is amended--
(1) in subsection (a), by striking ``section 333'' and
inserting in lieu thereof ``section 331'';
(2) in subsection (b), by deleting paragraph (1) and
inserting in lieu thereof the following:
``(1) provides for the investment and maintenance of funds
covered by such endowment account under the same conditions
and limitations as are in section 331 of the Higher Education
Act and the regulations implementing such provisions in
effect at the time such funds are invested;
(3) in subsection (b)(3) by striking ``same'' the first
time it appears.
SEC. 355. HIGHER EDUCATION AMENDMENTS OF 1992.
Section 1518 of title XV of the Higher Education Amendments
of 1992 (relating to the Santa Fe Arts Institute) is
amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
``(6) For the purpose of complying with the contribution
requirement in this subsection, the Institute may use funds
or in-kind contributions of real or personal property. For
the purposes of this paragraph, all contributions, in-kind
and real estate, which are on hand as of November 29, 1990,
and which were received after June 2, 1988, but which have
not been included in their entirety in computations under
this section shall be eligible for matching with Federal
funds appropriated in any year.''; and
(2) in subsection (c), by striking paragraph (1) and
inserting in lieu thereof the following:
``(1) Funds in the trust funds described in subsections (a)
and (b) shall be invested under the same conditions and
limitations as are in section 331 of the Higher Education
Act, and the regulations implementing such provisions in
effect at the time such funds are invested.''.
Page 738, line 8, insert the following:
``SEC. 9104. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS
OPERATED SCHOOLS.
``For purposes of any competitive program under this Act,
the Bureau of Indian Affairs may apply on behalf of the
schools which it operates and it shall be subject to all
program and application requirements of the program for which
it applies.''.
Page 486, strike line 24 and all that follows through page
487, line 21 and insert the following:
``(f)(1)(A) The Secretary shall conduct a monitoring and
evaluation review of a sampling of the recipients of grants
under this part each fiscal year, such sampling to take into
account size of the recipient and geographic location. The
purpose of the sampling shall be to provide the Secretary
with such information as is necessary to assist the Secretary
in carrying out his or her responsibility to provide
technical assistance under this part.''.
Page 491, strike line 13 and all that follows through page
500, line 2, and insert the following:
``SEC. 6201. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR
INDIAN CHILDREN.
``(a) Purpose; Coordination.--(1) It is the purpose of this
section to support projects that are to develop, text, and
demonstrate the effectiveness of services and programs to
improve educational opportunities and achievement of Indian
children.
``(2) The Secretary shall take such steps as are necessary
to achieve coordination of projects funded under this part
with other programs funded under this Act and with other
Federal programs operated for the benefit of American Indian
and Alaska Native children.
``(b) Eligible Applicants.--State educational agencies,
local educational agencies, Indian tribes, Indian
organizations, federally supported elementary and secondary
schools for Indian students, Indian institutions, including
Indian institutions of higher education, and consortia
thereof may apply for grants under this section.
``(c) Authorized Projects and Activities.--Recipients of
grants under this section shall use the grant funds to carry
out projects and activities that meet the purpose of this
section, such as--
``(1) innovative programs related to the educational needs
of educationally deprived children;
``(2) educational services not available to such children
in sufficient quantity or quality, including remedial
instruction, to raise the achievement of Indian children in 1
or more of the core curriculum areas of English, mathematics,
science, foreign languages, art, history, and geography;
``(3) bilingual and bicultural programs and projects;
``(4) special health and nutrition services, and other
related activities, which meet the special health, social,
and psychological problems of Indian children;
``(5) special compensatory and other programs and projects
designed to assist and encourage Indian children to enter,
remain in, or reenter school and to increase the rate of high
school graduation;
``(6) comprehensive guidance, counseling, and testing
services;
``(7) early childhood and kindergarten programs, including
family based preschool programs that emphasize school
readiness and parental skills, and services to Indian
children with disabilities;
``(8) partnership projects between local educational
agencies and institutions of higher education that allow high
school students to enroll in courses at the postsecondary
level to aid them in the transition from high school to
postsecondary education;
``(9) partnership projects between schools and local
businesses for school-to-work transition programs designed to
provide Indian youth with the knowledge and skills they need
to make an effective transition from school to a first job in
a high-skill, high-wage career;
``(10) programs designed to encourage and assist Indian
student to work toward, and gain entrance into, institutions
of higher education; and
``(11) other services which meet the needs of this section.
[[Page 189]]
Preservice or in-service training of professional and
paraprofessional personnel may be a part of any program
authorized under this section.
``(d) Grants and Applications.--
``(1) Grants.--(A) The Secretary may make grants under this
section for up to 5 years. Grants may be made for the
planning, development, pilot operation, or demonstration of
any activity authorized under this section, with priority
given to those applications which present a plan for
combining 2 or more of these operations over a multiyear
period. The Secretary shall make such multiyear grants
subject to the conditions included below and shall provide
continuation funding for each fiscal year upon a positive
determination that the applicant has made substantial
progress in carrying out the operations covered under each
grant period, as set forth in the initial grant and any
subsequent modifications.'
``(B) The Secretary is also authorized to make
dissemination grants. Prior to making any such dissemination
grant, the Secretary shall make a finding that the material
or program to be disseminated has been adequately reviewed
and has shown (i) educational merit, and (ii) an ability to
be replicated.
``(2) Applications.--(A) Any eligible entity that desires
to receive a grant under this section shall submit an
application to the Secretary at such time and in such manner
as the Secretary may require.
``(B) Each application shall contain--
``(i) a description of how parents of Indian children and
representatives of Indian tribes have been, and will be,
involved in developing and implementing the project for which
assistance is sought;
``(ii) as assurance that the applicant will participate, at
the request of the Secretary, in any national evaluation of
projects under this section; and
``(iii) such other assurances and information as the
Secretary may reasonably require.
``SEC. 6202. PROFESSIONAL DEVELOPMENT.
``(a) Purpose.--The purpose of this section is to increase
the number of qualified Indian persons in professions serving
Indian people, and to provide training as teachers,
administrators, teacher aides, social workers, and ancillary
educational personnel, and to improve the skills of those
presently serving in these capacities.
``(b) Eligible Applicants.--Eligible applicants under this
section are--
``(1) institutions of higher education, including Indian
institutions of higher education;
``(2) State and local educational agencies, in consortium
with institutions of higher education; and
``(3) Indian tribes and organizations, in consortium with
institutions of higher education.
``(c) Authorized Projects and Activities.--(1) Each
recipient of a grant under this section shall use the grant
funds to provide support and training for Indian persons,
consistent with the purposes of this section. Such activities
may include, but are not limited to, a continuing program,
symposia, workshops, conferences, and direct financial
support.
``(2)(A) For education personnel, such training may be in-
service or preservice.
``(B) For those being trained in other fields, such
training shall be in programs that result in graduate
degrees.
``(3) In programs funded under this section, preference
shall be given to the training of Indians.
``(4) In making grants under this section, the Secretary
shall consider prior performance and may not limit
eligibility on the basis of the number of previous grants or
the length of time for which the applicant has received
grants.
``(d) Project Period.--The project period for each project
approved under this section shall be up to 5 years.
``(e) Service Obligation.--The Secretary shall, by
regulation, require that individuals who receive training
under this section perform related work which benefits Indian
people or repay all or a prorated part of the support
received. The Secretary shall establish by regulation a
mechanism for having the recipient provide information of
compliance with this requirement beginning within 12 months
of the completion of training received.''.
Page 501, strike line 21 and all that follows through page
502, line 2 and insert the following:
``(e) Service Obligation.--The Secretary shall, by
regulation, require that individuals who receive financial
assistance under this section perform related work which
benefits Indian people or repay all or a prorated part of the
support received. The Secretary shall establish by regulation
a mechanism for having the recipient provide information of
compliance with this requirement beginning within 12 months
of the completion of training received.''.
Page 507, strike line 19 and all that follows through page
509, line 2.
____
Page 411, line 13, strike ``5004(a)(1)'' and insert
``4004(a)(1)''.
Page 412, line 2, strike ``5202'' and insert ``4202''.
Page 412, line 5, strike ``5106(a)'' and insert
``4106(a)''.
Page 413, line 11, strike ``5101'' and insert ``4101''.
Page 413, line 17, strike ``5101'' and insert ``4101''.
Page 414, line 21, strike ``5104'' and insert ``4104''.
Page 414, line 25, strike ``5106(a)'' and insert
``4106(a)''.
Page 415, line 5, strike ``5103(a)'' and insert
``4103(a)''.
Page 415, line 16, strike ``5105'' and insert ``4105''.
Page 415, line 19, strike ``5103(b)'' and insert
``4103(b)''.
Page 416, line 2, strike ``5103(d)(2)(A)(i)(II)'' and
insert ``4103(d)(2)(A)(i)(II)''.
Page 416, line 25, strike ``5101'' and insert ``4101''.
Page 417, line 6, strike ``5121'' and insert ``4121''.
Page 417, line 11, strike ``5101'' and insert ``4101''.
Page 417, line 19, strike ``5122'' and insert ``4122''.
Page 421, line 19, strike ``5104'' and insert ``4104''.
Page 422, line 24, strike ``5103(d)'' and insert
``4103(d)''.
Page 424, line 24, strike ``5102'' and insert ``4102''.
Page 425, line 15, strike ``5103(d)(2)(A)(i)(I)'' and
insert ``4103(d)(2)(A)(i)(I)''.
Page 425, line 16, strike ``5103(d)(2)(A)(i)(II)'' and
insert ``4103(d)(2)(A)(i)(II)''.
Page 426, line 12, strike ``5102'' and insert ``4102''.
Page 432, line 5, strike ``5122'' and insert ``4122''.
Page 434, line 10, strike ``5103(b)'' and insert
``4103(b)''.
Page 434, line 11, strike ``5103(d)'' and insert
``4103(d)''.
Page 435, line 9, strike ``5004(a)(2)'' and insert
``4004(a)(2)''.
Page 437, line 2, strike ``5106(a)'' and insert
``4106(a)''.
Page 438, line 9, strike ``5101(a)(3)'' and insert
``4101(a)(3)''.
____
Page 311, strike line 20 and insert the following:
PART E--INNOVATIVE EDUCATION PROGRAM STRATEGIES
Page 313, after line 19, insert the following:
SEC. 2403. DEFINITION.
For the purposes of this part the term ``effective schools
programs'' means school-based programs that may encompass
preschool through secondary school levels and that have the
objectives of (1) promoting school-level planning,
instructional improvement, and staff development, (2)
increasing the academic achievement levels of all children
and particularly educationally deprived children, and (3)
achieving as ongoing conditions in the school the following
factors identified through effective schools research as
distinguishing effective from ineffective schools:
(1) strong and effective administrative and instructional
leadership that creates consensus on instructional goals and
organizational capacity for instructional problem solving;
(2) emphasis on the acquisition of basic and higher order
skills;
(3) a safe and orderly school environment that allows
teachers and pupils to focus their energies on academic
achievement;
(4) a climate of expectation that virtually all children
can learn under appropriate conditions; and
(5) continuous assessment of students and programs to
evaluate the effects of instruction.
Page 318, line 11, after ``activities'' insert ``including
effective schools programs''.
Page 319, after line 5, insert the following (and
redesignate any subsequent paragraphs accordingly):
``(3) sets forth the allocation of such funds required to
implement section 2252.
Page 320, line 24, insert ``effective schools and'' after
``including''.
Page 321, line 19, insert ``(A)'' after ``(1)''.
Page 321, after line 25, insert the following:
``(B) sets forth the allocation of such funds required to
implement section 2252;
Page 322, after line 4, insert the following (and
redesignate any subsequent paragraphs accordingly):
``(3) provides assurances of compliance with the provisions
of this part, including the participation of children
enrolled in private, nonprofit schools in accordance with
section 2252;
Page 327, after line 14, insert the following:
``Subpart 5--General Administrative Provisions
``SEC. 2451. MAINTENANCE OF EFFORT; FEDERAL FUNDS
SUPPLEMENTARY.
``(a) Maintenance of Effort.--(1) Except as provided in
paragraph (2), a State is entitled to receive its full
allocation of funds under this part for any fiscal year if
the Secretary finds that either the combined fiscal effort
per student or the aggregate expenditures within the State
with respect to the provision of free public education for
the preceding fiscal year was not less than 90 percent of
such combined fiscal effort or aggregate expenditures for the
second preceding fiscal year.
``(2) The Secretary shall reduce the amount of the
allocation of funds under this part in any fiscal year in the
exact proportion to which the State fails to meet the
requirements of paragraph (1) by falling below 90 percent of
both the fiscal effort per student and aggregate expenditures
(using the measure most favorable to the State), and no such
lesser amount shall be used for computing the effort required
under paragraph (1) for subsequent years.
``(3) The Secretary may waive, for 1 fiscal year only, the
requirements of this subsection if the Secretary determines
that
[[Page 190]]
such a waiver would be equitable due to exceptional or
uncontrollable circumstances such as a natural disaster or a
precipitous and unforeseen decline in the financial resources
of the State.
``(b) Federal Funds Supplementary.--A State or local
educational agency may use and allocate funds received under
this part only so as to supplement and, to the extent
practical, increase the level of funds that would, in the
absence of Federal funds made available under this part, be
made available from non-Federal sources, and in no case may
such funds be used so as to supplant funds from non-Federal
sources.
``SEC. 2252. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE
SCHOOLS.
``(a) Participation on Equitable Basis.--(1) To the extent
consistent with the number of children in the school district
of a local educational agency which is eligible to receive
funds under this part or which serves the area in which a
program or project assisted under this part is located who
are enrolled in private nonprofit elementary and secondary
schools, or with respect to instructional or personnel
training programs funded by the State educational agency from
funds reserved for State use, such agency, after consultation
with appropriate private school officials, shall provide for
the benefit of such children in such schools secular,
neutral, and nonideological services, materials, and
equipment, including the participation of the teachers of
such children (and other educational personnel serving such
children) in training programs, and the repair, minor
remodeling, or construction of public facilities as may be
necessary for their provision (consistent with subsection (c)
of this section), or, if such services, materials, and
equipment are not feasible or necessary in one or more such
private schools as determined by the local educational agency
after consultation with the appropriate private school
officials, shall provide such other arrangements as will
assure equitable participation of such children in the
purposes and benefits of this part.
``(2) If no program or project is carried out under
subsection (a)(1) of this section in the school district of a
local educational agency, the State educational agency shall
make arrangements, such as through contracts with nonprofit
agencies or organizations, under which children in private
schools in that district are provided with services and
materials to the extent that would have occurred if the local
educational agency had received funds under this part.
``(3) The requirements of this section relating to the
participation of children, teachers, and other personnel
serving such children shall apply to programs and projects
carried out under this part by a State or local educational
agency, whether directly or through grants to or contracts
with other public or private agencies, institutions, or
organizations.
``(b) Equal Expenditures.--Expenditures for programs
pursuant to subsection (a) shall be equal (consistent with
the number of children to be served) to expenditures for
programs under this part for children enrolled in the public
schools of the local educational agency, taking into account
the needs of the individual children and other factors which
relate to such expenditures, and when funds available to a
local educational agency under this part are used to
concentrate programs or projects on a particular group,
attendance area, or grade or age level, children enrolled in
private schools who are included within the group, attendance
area, or grade or age level selected for such concentration
shall, after consultation with the appropriate private school
officials, be assured equitable participation in the purposes
and benefits of such programs or projects.
``(c) Funds.--(1) The control of funds provided under this
part, and title to materials, equipment, and property
repaired, remodeled, or constructed therewith, shall be in a
public agency for the uses and purposes provided in this
part, and a public agency shall administer such funds and
property.
``(2) The provision of services pursuant to this section
shall be provided by employees of a public agency or through
contract by such public agency with a person, an association,
agency, or corporation who or which, in the provision of such
services, is independent of such private school and of any
religious organizations, and such employment or contract
shall be under the control and supervision of such public
agency, and the funds provided under this part shall not be
commingled with State or local funds.
``(d) State Prohibition Waiver.--If by reason of any
provision of law a State or local educational agency is
prohibited from providing for the participation in programs
of children enrolled in private elementary and secondary
schools, as required by this section, the Secretary shall
waive such requirements and shall arrange for the provision
of services to such children through arrangements which shall
be subject to the requirements of this section.
``(e) Waiver and Provision of Services.--(1) If the
Secretary determines that a State or a local educational
agency has substantially failed or is unwilling to provide
for the participation on an equitable basis of children
enrolled in private elementary and secondary schools as
required by this section, the Secretary may waive such
requirements and shall arrange for the provision of services
to such children through arrangements which shall be subject
to the requirements of this section.
``(2) Pending final resolution of any investigation or
complaint that could result in a determination under this
subsection or subsection (d), the Secretary may withhold from
the allocation of the affected State or local educational
agency the amount estimated by the Secretary to be necessary
to pay the cost of those services.
``(f) Determination.--Any determination by the Secretary
under this section shall continue in effect until the
Secretary determines that there will no longer be any failure
or inability on the part of the State or local educational
agency to meet the requirements of subsections (a) and (b).
``(g) Payment From State Allotment.--When the Secretary
arranges for services pursuant to this section, the Secretary
shall, after consultation with the appropriate public and
private school officials, pay the cost of such services,
including the administrative costs of arranging for those
services, from the appropriate allotment of the State under
this part.
``(h) Review.--(1) The Secretary shall not take any final
action under this section until the State educational agency
and the local educational agency affected by such action have
had an opportunity, for at least 45 days after receiving
written notice thereof, to submit written objections and to
appear before the Secretary or the Secretary's designee to
show cause why that action should not be taken.
``(2) If a State or local educational agency is
dissatisfied with the Secretary's final action after a
proceeding under paragraph (1) of this subsection, it may,
within 60 days after notice of such action, file with the
United States court of appeals for the circuit in which such
State is located a petition for review of that action. A copy
of the petition shall be forthwith transmitted by the clerk
of the court to the Secretary. The Secretary thereupon shall
file in the court the record of the proceedings on which the
Secretary
based this action, as provided in section 2112 of title 28,
United States Code.
``(3) The findings of fact by the Secretary, if supported
by substantial evidence, shall be conclusive; but the court,
for good cause shown, may remand the case to the Secretary to
take further evidence and the Secretary may thereupon make
new or modified findings of fact and may modify the
Secretary's previous action, and shall file in the court the
record of the further proceedings. Such new or modified
findings of fact shall likewise be conclusive if supported by
substantial evidence.
``(4) Upon the filing of such petition, the court shall
have jurisdiction to affirm the action of the Secretary or to
set it aside, in whole or in part. The judgment of the court
shall be subject to review by the Supreme Court of the United
States upon certiorari or certification as provided in
section 1254 of title 28, United States Code.
``(i) Prior Determination.--Any bypass determination by the
Secretary under chapter 2 of the Education Consolidation and
Improvement Act of 1981 shall, to the extent consistent with
the purposes of this chapter, apply to programs under this
chapter.
``SEC. 2253. EVALUATIONS AND REPORTING.
``(a) Local Educational Agencies.--A local educational
agency which receives financial assistance under this part
shall report annually to the State educational agency on the
use of funds under section 2431. Such reporting shall be
carried out in a manner which minimizes the amount of
paperwork required while providing the State educational
agency with the necessary information under the preceding
sentence. Such report shall be made available to the public.
``(b) State Educational Agencies.--A State educational
agency which receives financial assistance under this part
shall evaluate the effectiveness of State and local programs
under this part in accordance with section 2423(a)(2)(B).
That evaluation shall be submitted for review and comment by
the State advisory committee and shall be made available to
the public. The State educational agency shall submit to the
Secretary a copy of the evaluation and a summary of the
reports under subsection (a).
``(c) Reports.--(1) The Secretary, in consultation with
State and local educational agency representatives, shall
develop a model system which State educational agencies may
use for data collection and reporting under this part.
``(2)(A) The Secretary shall submit annually a report to
the Congress for the use of funds, the types of services
furnished, and the students served under this part.
``(B) The Secretary shall not later than October 1, 1998,
submit a report to the Congress summarizing evaluations under
subsection (b) in order to provide a national overview of the
uses of funds and effectiveness of programs under this part.
``SEC. 2254. FEDERAL ADMINISTRATION.
``(a) Technical Assistance.--The Secretary, upon request,
shall provide technical assistance to State and local
educational agencies under this part.
``(b) Rulemaking.--The Secretary shall issue regulations
under this part only to the extent that such regulations are
necessary to ensure that there is compliance with the
specific requirements and assurances required by this part.
``(c) Availability of Appropriations.--Notwithstanding any
other provision of law, unless expressly in limitation of
this subsection, funds appropriated in any fiscal year to
carry out activities under this part shall become available
for obligation on July 1 of such fiscal year and shall remain
available for obligation until the end of the subsequent
fiscal year.
[[Page 191]]
``SEC. 2255. APPLICATION OF GENERAL EDUCATION PROVISIONS ACT.
``(a) General Rule.--Except as otherwise specifically
provided by this section, the General Education Provisions
Act shall apply to the programs authorized by this part.
``(b) Applicability.--The following provisions of the
General Education Provisions Act shall be superseded by the
specified provisions of this part with respect to the
programs authorized by this part:
``(1) Section 410(a)(1) of the General Education Provisions
Act is superseded by section 2254(b) of this part.
``(2) Section 433(a) of such Act is superseded by section
2254(a) of this part.
``(3) Section 436 of such Act is superseded by sections
2223 and 2233 of this part.
``(c) Special Rule.--Sections 440, 441, and 442 of the
General Education Provisions Act, except to the extent that
such sections relate to fiscal control and fund accounting
procedures, may not apply to the programs authorized by this
part and shall not be construed to authorize the Secretary to
require any reports or take any actions not specifically
authorized by this part.''.
Page 82, line 16--insert ``basic'' following instructional.
Page 82, Section 1122(c)(2) is amended by inserting after
subparagraph (A) the following new subparagraph and
redesignating the succeeding subparagraphs and paragraph (2)
accordingly:
``(B) for the purpose of subparagraph (A), in the
determination of expenditures per pupil from state and local
funds or instructional salaries per pupil from state and
local funds, staff salary differentials for years of
employment shall not be included.''
On page 855, after line 17, insert the following new
paragraph:
``(9) A state and local educational agency shall coordinate
with state and local housing agencies responsible for
developing the comprehensive housing affordability strategy.
Consideration shall be given to state and local housing and
shelter policies described in the Comprehensive Housing
Affordability Strategy to minimize educational disruption for
children who become homeless.''
Page 852, line 24, delete ``, to the extent possible,''.
Page 852, line 25, after ``selection'' add ``unless there
is a compelling reason for not complying with this
request.''.
Page 37, after line 19 insert the following new paragraph:
``(9) how the state will coordinate activities funded under
this part with school-to-work and vocational education
programs, as appropriate.''
Page 56, line 4, after ``development,'' insert
``occupational information,''.
Page 681, line 25, strike ``$40,000,000'' and insert in
lieu thereof ``$50,000,000''.
Page 682, line 9, strike ``shall'' and insert in lieu
thereof ``may''.
Page 683, line 6, strike ``section'' and insert in lieu
thereof ``sections''.
Page 683, line 7, after ``7601'' insert ``and 7607''
Page 683, line 14, insert a new paragraph (3) and
redesignate accordingly:
``(3) provide an assurance that local educational agencies
receiving funds under this part will coordinate the use of
such funds with programs funded under other Parts of this
title or title I of the Improving America's Schools Act of
1993;''
Page 685, line 17, insert:
``(b) Application Review.--The Secretary shall review all
applications submitted pursuant to this section by State
educational agencies.
``(1) The Secretary shall approve any application submitted
by a State educational agency that meets the requirements of
this section.
``(2) The Secretary shall disapprove any application
submitted by a State educational agency which does not meet
the requirements of this section, but shall not finally
disapprove an application except after reasonable notice,
provision of technical assistance, and an opportunity for a
hearing to the State.''
Page 687, line 21, strike ``TRIENNIAL'' and insert in lieu
thereof ``BIENNIAL''.
Page 687, line 23, strike ``3'' and insert in lieu thereof
``2''.
Page 688, line 4, strike ``3'' and insert in lieu thereof
``2''.
____
Proposed Amendments to WEEA
Page 459, Line 14, strike ``Special Assistant of the Office
of Women's Equity'' and insert in lieu thereof: ``Secretary''
Page 465, Line 6, strike ``no more than four''
Page 465, Line 11, strike ``four''
Page 465, Line 12, insert before ``The Secretary'' ``To the
extent feasible''
Page 466, strike lines 6 through 9.
Page 466, Line 10, before ``The Secretary'' insert ``To the
extent feasible,''
Page 469, beginning on line 16, strike ``the Secretary
shall establish no more than 4 priorities'' and on line 17,
strike ``of which''
Page 469, Line 21, before ``The Secretary'' insert ``To the
extent feasible,''
Page 829, Line 2 after ``technical assistance,'' insert
``and'' and on Line 3 strike ``and the administration of
grant programs.
Page 829, beginning on Line 5, after ``shall'' strike
``report directly to the Secretary; and perform such
additional functions as the Secretary shall prescribe'' and
insert in lieu thereof ``advise the Secretary and Deputy
Secretary on all matter relating to gender equity.''
Page and line numbers refer to the Committee print of H.R.
6.
Page 439, line 5, Strike, ``the use of tobacco''
Page 439, line 9 Insert the following paragraph and
(redesignate succeeding paragraphs accordingly):
``(B) education with respect to the use of tobacco by
elementary and secondary school students; and''
____
Title II, Part D
Page 297, line 4, strike ``and schools'' and insert
``schools, and other appropriate educational entities''
Page 297, line 11, strike ``comprehensive assistance
centers'' and insert ``technical assistance system''
Page 298, line 24, strike ``system of technical assistance
centers'' and insert ``comprehensive assistance centers and
the National Diffusion Network''
Page 299, line 3, strike ``(c)'' and insert ``(d)''
Page 299, line 6, strike ``2206(c)'' and insert ``2346(d)''
Page 301, line 12, after ``centers,'' insert ``state
literacy centers,''
Page 302, line 4, strike ``2303(a)'' and insert ``2343(a)''
Page 304, line 16, strike ``Maintanence of Service'' and
insert ``Service and Application Requirements''
Page 304, line 17, strike ``Effort'' and insert ``Service''
Page 307, line 16, strike ``Facilitator'' and insert
``Facilitators''
Page 307, line 20, strike ``and schools'' and insert
``schools, family and adult literacy programs, and other
appropriate educational entities''
Page 310, line 17, strike ``projects, local educational
agencies,'' and insert ``projects and to local educational
agencies''.
____
Page 689, strike line 20 and all that follows through line
4 on page 729 and insert the following:
``SEC. 8003. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL
PROPERTY.
``(a) In General.--Where the Secretary, after consultation
with any local educational agency and with the appropriate
State educational agency, determines for a fiscal year ending
prior to October 1, 1999--
``(1) that the United States owns Federal property in the
local educational agency, and that such property--
``(A) has been acquired by the United States since 1938;
``(B) was not acquired by exchange for other Federal
property in the local educational agency which the United
States owned before 1939; and
``(C) had an assessed value (determined as of the time or
times when so acquired) aggregating 10 percent or more of the
assessed value of all real property in the local educational
agency (similarly determined as of the time or times when
such Federal property was so acquired); and
``(2) that such agency is not being substantially
compensated for the loss in revenue resulting from such
ownership by increases in revenue accruing to the agency from
the conduct of Federal activities with respect to such
Federal property,
then such agency shall be paid the amount described in
subsection (b).
``(b) Amount.--
``(1) In general.--(A) The amount that a local educational
agency shall be paid under subsection (a) for a fiscal year
shall be calculated in accordance with paragraph (2), except
that such amount shall be reduced by the Secretary by an
amount equal to the amount of revenue, if any, that such
agency received from activities conducted on such property
during the previous fiscal year.
``(B) If funds appropriated under section 8013(a) are
insufficient to pay the amount determined under subparagraph
(A), the Secretary shall ratably reduce the payment to each
eligible local educational agency.
``(C) Notwithstanding any other provision of this
subsection, a local educational agency may not be paid an
amount under this section which exceeds the difference of--
``(i) the maximum amount that such agency is eligible to
receive for such fiscal year under section 8004(b)(1)(C); and
``(ii) the amount that such agency receives in such fiscal
year under section 8004(b)(2).
``(2) Application of current levied real property tax
rate.--In calculating the amount that a local educational
agency shall be paid for a fiscal year, the Secretary shall
apply the current levied real property tax rate for current
expenditures levied by fiscally independent local educational
agencies or imputed, for fiscally dependent local educational
agencies, to the current annually determined aggregate
assessed value of such acquired Federal property.
``(3) Determination of aggregate assessed value.--Such
aggregate assessed value of such acquired Federal property
shall be determined (on the basis of the highest and best use
of property adjacent to such acquired Federal property as of
the time such value is determined), and provided to the
Secretary, by the local official responsible for assessing
the value of real property located in the jurisdiction of
such local educational agency for the purpose of levying a
property tax.
``(c) Applicability to Tennessee Valley Authority Act.--For
the purposes of this section, any real property with respect
to which payments are being made under section 13 of the
Tennessee Valley Authority Act of 1933 shall not be regarded
as Federal property.
``(d) Ownership by United States.--The United States shall
be deemed to own Federal property for the purposes of this
Act, where--
[[Page 192]]
``(1) prior to the transfer of Federal property, the United
States owned Federal property meeting the requirements of
subparagraphs (A), (B), and (C) of subsection (a)(1); and
``(2) the United States transfers a portion of the property
referred to in paragraph (1) to another nontaxable entity,
and the United States--
``(A) restricts some or any construction on such property;
``(B) requires that the property be used in perpetuity for
the public purposes for which it was conveyed;
``(C) requires the grantee of the property to report to the
Federal government (or its agent) containing information on
the use of the property;
``(D) except with the approval of the Federal government
(or its agent), prohibits the sale, lease, assignment, or
other disposal of the property unless such sale, lease,
assignment, or other disposal is to another eligible
government agency; and
``(E) reserves to the Federal government a right of
reversion at any time the Federal government (or its agent)
deems it necessary for the national defense.
``SEC. 8004. PAYMENTS FOR ELIGIBLE FEDERALLY-CONNECTED
CHILDREN.
``(a) Computation of Payment.--
``(1) In general.--For the purpose of computing the amount
that a local educational agency is eligible to receive under
subsection (b), (d), or (f) for any fiscal year, the
Secretary shall determine the number of children who were in
average daily attendance in the schools of such agency, and
for whom such agency provided free public education, during
the preceding school year and who, while in attendance at
such schools--
``(A) resided on Federal property with a parent employed on
Federal property situated in whole or in part within the
boundaries of the school district of such agency;
``(B) resided on Federal property and had a parent on
active duty in the uniformed services (as defined in section
101 of title 37, United States Code);
``(C) resided on Indian lands;
``(D) had a parent on active duty in the uniformed services
(as defined by section 101 of title 37, United States Code)
but did not reside on Federal property; or
``(E) resided in low-rent housing.
``(2) Determination of weighted student units.--For
purposes of computing the basic support payment under
subsection (b), the Secretary shall calculate the total
number of weighted student units for a local educational
agency by adding together the results obtained by the
following computations:
``(A) Multiply the number of children described in
subparagraphs (A) and (B) of paragraph (1) by a factor of
1.0.
``(B) Multiply the number of children described in
paragraph (1)(C) by a factor of 1.25.
``(C) Multiply the number of children described in
subparagraphs (A) and (B) of paragraph (1) by a factor of .35
if the local educational agency has--
``(i) a number of such children described in such
subparagraphs which exceeds 6,500; and
``(ii) an average daily attendance for all children which
exceeds 100,000.
``(D) Multiply the number of children described in
subparagraphs (D) and (E) of paragraph (1) by a factor of
.20.
``(b) Basic Support Payments and Payments With Respect to
Fiscal Years in Which Insufficient Funds Are Appropriated.--
``(1) Basic support payments.--
``(A) In general.--From the amount appropriated under
section 8013(b) for a fiscal year, the Secretary is
authorized to make basic support payments to eligible local
educational agencies with children described under subsection
(a).
``(B) Eligibility.--A local educational agency shall be
entitled to receive a basic support payment under
subparagraph (A) for a fiscal year with respect to a number
of children determined under subsection (a) only if the
number of children so determined with respect to such agency
amounts to the lesser of--
``(i) at least 400 such children, or
``(ii) a number of such children which equals at least 3
percent of the total number of children who were in average
daily attendance, during such year, at the schools of such
agency and for whom such agency provided free public
education.
``(C) Maximum amount.--The maximum amount that a local
educational agency is eligible to receive under this
subsection for any fiscal year is the sum of the total
weighted student units, as computed under subsection (a)(2),
multiplied by--
``(i) the greater of--
``(I) one-half of the average per pupil expenditure of the
State in which the local educational agency is located for
the 3rd preceding fiscal year, or
``(II) one-half of the average per pupil expenditures of
all of the States for the 3rd preceding fiscal year;
``(ii) the comparable local contribution rate certified by
the State, as determined under regulations prescribed to
carry out the Act of September 30, 1950 (Public Law 874, 81st
Congress), as in effect on January 1, 1994; or
``(iii) the average per pupil expenditure of the State in
which the local educational agency is located, multiplied by
the local contribution percentage.
``(2) Payments with respect to fiscal years in which
insufficient funds are appropriated.--
``(A) In general.--For any fiscal year in which the sums
appropriated under section 8013(b) are insufficient to pay to
each local educational agency the full amount computed under
paragraph (1), the Secretary shall make payments based upon
the provisions of this paragraph.
``(B) Learning opportunity threshold payments.--(i) For
fiscal years described in subparagraph (A), the Secretary
shall compute a learning opportunity threshold payment
(hereinafter `threshold payment') by multiplying the amount
obtained under paragraph (1)(C) by the total percentage
obtained by adding--
``(I) the percentage of federally connected children for
each local educational agency determined by calculating the
fraction, the numerator of which is the total number of
children described under subsection (a)(1) and the
denominator of which is the total number of children in
average daily attendance at the schools served by such
agency; and
``(II) the percentage that funds under this paragraph
represent of the total budget of the local educational
agency, determined by calculating the fraction, the numerator
of which is the total amount of funds calculated for each
educational agency under this paragraph (not including
amounts received under subsection (f)), and the denominator
of which is the total current expenditures for such agency.
``(ii) Such total percentage used to calculate threshold
payments under paragraph (1) shall not exceed 100.
``(C) Ratable distribution.--For fiscal years described in
subparagraph (A), the Secretary shall make payments as a
ratable distribution based upon the computation made under
subparagraph (B).
``(c) Prior Year Data.--All calculations under this section
shall be based upon data for each local educational agency
from the fiscal year preceding the fiscal year for which the
agency is making application for payment.
``(d) Use of Funds for Children With Disabilities.--
``(1) In general.--From the amount appropriated under
section 8013(c) for a fiscal year, the Secretary shall pay to
each eligible local educational agency, on a pro rata basis,
the amounts determined by--
``(A) multiplying the number of children described in
subparagraphs (B) and (C) of subsection (a)(1) who are
eligible to receive services under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.) by a
factor of 1.0; and
``(B) multiplying the number of children described in
subparagraph (D) of subsection (a)(1) who are eligible to
receive services under such Act by a factor of .5.
``(2) Use of funds.--A local educational agency that
receives funds under paragraph (1) shall use such funds to
provide a free appropriate public education to children
described in paragraph (1) in accordance with the Individuals
with Disabilities Education Act.
``(e) Hold-Harmless Amounts.--
``(1) In general.--Notwithstanding any other provision of
this section, the total amount that the Secretary shall pay
to a local educational agency under subsections (b) and (f)--
``(A) for fiscal year 1995, shall not be less than 80
percent of the payment such agency received for fiscal year
1994 under section 3(a) of the Act of September 30 , 1950
(Public Law 81-874, 81st Congress), as in effect for fiscal
year 1994;
``(B) for fiscal year 1996, shall not be less than 60
percent of such payment received for fiscal year 1994; and
``(C) for fiscal year 1997, shall not be less than 40
percent of such payment received for fiscal year 1994.
``(2) Reduction in payments.--In order to make payments to
local educational agencies in accordance with paragraph (1),
the Secretary shall reduce payments to other local
educational agencies determined under subsection (b).
``(f) Additional Assistance for Heavily Impacted Local
Educational Agencies.--
``(1) In general.--From amounts appropriated under section
8013(d) for a fiscal year, the Secretary shall provide
additional assistance to meet special circumstances relating
to the provision of education in local educational agencies
eligible to receive assistance under this section.
``(2) Eligibility.--A local educational agency shall be
eligible to receive additional assistance under this
subsection only if such agency--
``(A)(i) has an enrollment of federally connected children
described in subsection (a)(1) which constitutes at least 40
percent of the total student enrollment of such agency; and
``(ii) has a tax rate for general fund purposes which is at
least 95 percent of the average tax rate for general fund
purposes of comparable local educational agencies in the
State;
``(B)(i) has an enrollment of federally connected children
described in subsection (a)(1) which constitutes at least 35
percent of the total student enrollment of such agency; and
``(ii) has a tax rate for general fund purposes which is at
least 125 percent of the average tax rate for general fund
purposes of comparable local educational agencies in the
State; or
``(C) is a local education agency whose boundaries are the
same as a Federal military installation or includes Federal
property under exclusive Federal jurisdiction.
``(3) Maximum payments.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall determine the maxi-
[[Page 193]]
mum amount that a local educational agency may receive under
this subsection in accordance with the following
computations:
``(i) The Secretary shall first determine the greater of--
``(I) the average per pupil expenditure of the State in
which the local educational agency is located or the average
per pupil expenditure of all the States;
``(II) the average per pupil expenditure of generally
comparable school districts located in the State of the local
educational agency, as defined by the Secretary in
regulations; or
``(III) the average per pupil expenditure of three
generally comparable school districts located in the State of
the local educational agency, as defined by the Secretary in
regulations.
``(ii) The Secretary shall next subtract from the amount
determined under clause (i) the average amount of State aid
per pupil received by the local educational agency.
``(iii) The Secretary shall next multiply the amount
determined under clause (ii) by the sum of the total weighted
units of the local educational agency, as computed under
subsection (a)(2).
``(iv) If the tax rate of the local educational agency is
greater than 94 percent, but less than 100 percent, of the
tax rate of comparable school districts, the Secretary shall
next multiply the amount determined under clause (iii) by the
percentage that the tax rate of the local educational agency
is of--
``(I) the average tax rate of its generally comparable
school districts; or
``(II) the average tax rate of all the school districts in
the State in which the local educational agency is located.
``(v) The Secretary shall next subtract the total amount of
payments received by a local educational agency under
subsections (b) and (d) for a fiscal year from the amount
determined under clause (iii) or clause (iv), as the case may
be.
``(B) Special rule.--With respect to payments to local
educational agencies described in subparagraphs (B) and (C)
of paragraph (2), the maximum amount of such payments shall
be equal to the product of the average per pupil expenditure
of all the States multiplied by .7, except that such amount
may not exceed 125 percent of the average per pupil
expenditure of all local educational agencies in the State.
``(4) Current year data.--The Secretary shall, for purposes
of providing assistance under this subsection, use--
``(A) data from the fiscal year in which the local
educational agency is applying for assistance under this
subsection; or
``(B) the most recent data available which is adjusted to
such fiscal year.
``(5) Reduction in payments.--If funds appropriated to
carry out this subsection are insufficient to pay in full the
amounts determined under paragraph (3), the Secretary shall
ratably reduce the payment to each eligible local educational
agency.
``SEC. 8005. POLICIES AND PROCEDURES RELATING TO CHILDREN
RESIDING ON INDIAN LANDS.
``(a) In General.--A local educational agency that claims
children residing on Indian lands for the purpose of
receiving funds under section 8004 shall establish policies
and procedures to ensure that--
``(1) such children participate in programs and activities
supported by such funds on an equal basis with all other
children;
``(2) parents of such children and Indian tribes are
afforded an opportunity to present their views on such
programs and activities, including an opportunity to make
recommendations on the needs of those children and how they
may help those children realize the benefits of those
programs and activities;
``(3) parents and Indian tribes are consulted and involved
in planning and developing such programs and activities;
``(4) relevant applications, evaluations, and program plans
are disseminated to the parents and Indian tribes; and
``(5) parents and Indian tribes are afforded an opportunity
to present their views on the agency's general educational
program to such agency.
``(b) Records.--A local educational agency that claims
children residing on Indian lands for the purpose of
receiving funds under section 8004 shall maintain records
demonstrating its compliance with requirements contained in
subsection (a).
``(c) Waiver.--A local educational agency that claims
children residing on Indian lands for the purpose of
receiving funds under section 8004 is excused from the
requirements contained in subsections (a) and (b) for any
year with respect to any Indian tribe from which it has
received a written statement that the agency need not comply
with those subsections because the tribe is satisfied with
the provision of educational services by such agency to such
children.
``(d) Technical Assistance and Enforcement.--The Secretary
shall--
``(1) provide technical assistance to local educational
agencies, parents, and Indian tribes to enable them to carry
out this section; and
``(2) enforce this section through such actions, which may
include the withholding of funds, as the Secretary determines
to be appropriate, after affording the affected local
educational agency, parents, and Indian tribe an opportunity
to present their views.
``SEC. 8006. APPLICATION FOR PAYMENTS UNDER SECTIONS 8003 AND
8004.
``(a) In General.--A local educational agency desiring to
receive a payment under section 8003 or 8004 shall--
``(1) submit an application for such payment to the
Secretary; and
``(2) provide a copy of such application to the State
educational agency.
``(b) Contents.--Each such application shall be submitted
in such form and manner, and shall contain such information,
as the Secretary may require, including--
``(1) information to determine the eligibility of the local
educational agency for a payment and the amount of such
payment; and
``(2) where applicable, an assurance that such agency is in
compliance with section 8005 (relating to children residing
on Indian lands).
``(c) Deadline for Submission.--The Secretary shall
establish deadlines for the submission of applications under
this section.
``(d) Approval.--
``(1) In general.--The Secretary shall approve an
application submitted under this section that--
``(A) is filed by the deadline established under subsection
(c); and
``(B) otherwise meets the requirements of this title.
``(2) Reduction in payment.--The Secretary shall approve an
application filed up to 60 days after a deadline established
under subsection (c) that otherwise meets the requirements of
this title, except that, notwithstanding section 8004(e), the
Secretary shall reduce the payment based on such late
application by 10 percent of the amount that would otherwise
be paid.
``(3) Late applications.--The Secretary shall not accept or
approve any application that is filed more than 60 days after
a deadline established under subsection (c).
``SEC. 8007. PAYMENTS FOR SUDDEN AND SUBSTANTIAL INCREASES IN
ATTENDANCE OF MILITARY DEPENDENTS.
``(a) Eligibility.--A local educational agency is eligible
for a payment under this section if--
``(1) the number of children in average daily attendance
during the current school year is at least ten percent or 100
more than the number of children in average daily attendance
in the preceding school year; and
``(2) the number of children in average daily attendance
with a parent on active duty (as defined in section 101(18)
of title 37, United States Code) in the Armed Forces who are
in attendance at such agency because of the assignment of
their parent to a new duty station between July 1 and
September 30, inclusive, of the current year, as certified by
an appropriate local official of the Department of Defense,
is at least ten percent or 100 more than the number of
children in average daily attendance in the preceding school
year.
``(b) Application.--A local educational agency that wishes
to receive a payment under this section shall file an
application with the Secretary by October 15 of the current
school year, in such manner and containing such information
as the Secretary may prescribe, including information
demonstrating that it is eligible for such a payment.
``(c) Children To Be Counted.--For each eligible local
educational agency that applies for a payment under this
section, the Secretary shall determine the lesser of--
``(1) the increase in the number of children in average
daily attendance from the preceding year; and
``(2) the number of children described in subsection
(a)(2).
``(d) Payments.--From the amount appropriated for a fiscal
year under section 8013(c), the Secretary shall pay each
local educational agency with an approved application an
amount, not to exceed $200 per eligible child, equal to--
``(1) the amount available to carry out this section,
including any funds carried over from prior years, divided by
the number of children determined under subsection (c) for
all such local educational agencies; multiplied by
``(2) the number of such children determined for that local
educational agency.
``(e) Notification Process.--
``(1) Establishment.--The Secretary shall endeavor to
establish, with the Secretary of Defense, a notification
process relating to the closure of Department of Defense
facilities, or the adjustment of personnel levels assigned to
such facilities, which may substantially affect the student
enrollment levels of local educational agencies which receive
or may receive payments under this title.
``(2) Information.--Such process shall provide timely
information regarding such closures and such adjustments--
``(A) by the Secretary of Defense to the Secretary; and
``(B) by the Secretary to the affected local educational
agencies.
``SEC. 8008. FACILITIES.
``(a) Current Facilities.--From the amount appropriated for
any fiscal year under section 8013(e), the Secretary may
continue to provide assistance for school facilities that
were supported by the Secretary under section 10 of the Act
of September 23, 1950 (Public Law 815, 81st Congress; 20
U.S.C. 640) as in effect prior to the date of the enactment
of the Improving America's Schools Act of 1994.
``(b) Transfer of Facilities.--
``(1) In general.--The Secretary shall, as soon as
practicable, transfer to the appropriate local educational
agency or another
[[Page 194]]
appropriate entity all the right, title, and interest of the
United States in and to each facility provided under section
10 of the Act of September 23, 1950 (Public Law 815, 81st
Congress; 20 U.S.C. 640), or under section 204 or 310 of the
Act of September 30, 1950 (Public Law 874, 81st Congress), as
in effect on January 1, 1958.
``(2) Other requirements.--Any such transfer shall be
without charge to such agency or entity, and prior to such
transfer, the transfer must be consented to by the local
education agency or other appropriate entity, and may be made
on such terms and conditions as the Secretary deems
appropriate to carry out the purposes of this Act.
``SEC. 8009. STATE CONSIDERATION OF PAYMENTS IN PROVIDING
STATE AID.
``(a) General Prohibition.--Except as provided in
subsection (b), a State may not--
``(1) consider payments under this title or under the Act
of September 30, 1950 (Public Law 874, 81st Congress) in
determining for any fiscal year--
``(A) the eligibility of a local educational agency for
State aid for free public education; or
``(B) the amount of such aid; or
``(2) make such aid available to local educational agencies
in a manner that results in less State aid to any local
educational agency that is eligible for such payment than it
would receive if it were not so eligible.
``(b) State Equalization Plans.--
``(1) In general.--A State may reduce State aid to a local
educational agency that receives a payment under sections
8003 and 8004(b) (except the amount calculated in excess of
1.0 under subparagraph (B) of subsection (a)(2)) or under the
Act of September 30, 1950 (Public Law 874, 81st Congress) as
such Act existed prior to the enactment of the Improving
America's Schools Act of 1994 (other than an increase in
payments described in paragraphs (2)(B), (2)(C), (2)(D), or
(3)(B)(ii) of section 3(d) of such Act of September 30, 1950)
for any fiscal year if the Secretary determines, and
certifies under subsection (c)(3)(A), that such State has in
effect a program of State aid that equalizes expenditures for
free public education among local educational agencies in
such State.
``(2) Computation.--
``(A) In general.--For purposes of paragraph (1), a program
of State aid equalizes expenditures among local educational
agencies if, in the second preceding fiscal year, the amount
of per-pupil expenditures made by, or per-pupil revenues
available to, the local educational agency in the State with
the highest such per-pupil expenditures or revenues did not
exceed the amount of such per-pupil expenditures made by, or
per-pupil revenues available to, the local educational agency
in the State with the lowest such expenditures or revenues by
more than 10 percent.
``(B) Other factors.--In making a determination under this
subsection, the Secretary shall--
``(i) disregard local educational agencies with per-pupil
expenditures or revenues above the 95th percentile or below
the 5th percentile of such expenditures or revenues in the
State; and
``(ii) take into account the extent to which a program of
State aid reflects the additional cost of providing free
public education in particular types of local educational
agencies, such as those that are geographically isolated, or
to particular types of students, such as children with
disabilities.
``(3) Exception.--Notwithstanding paragraph (2), if the
Secretary determines that the State has substantially revised
its program of State aid, the Secretary may certify such
program for any fiscal year only if--
``(A) the Secretary determines, on the basis of projected
data, that the State's program will meet the 10 percent
disparity standard described in paragraph (2) in that fiscal
year; and
``(B) the State provides an assurance to the Secretary
that, if final data do not demonstrate that the State's
program met such standard for that year (or that it met such
standard with a greater percentage of disparity than
anticipated), the State will pay to each affected local
educational agency the amount by which it reduced State aid
to the local educational agency on the basis of such
certification, or a proportionate share thereof, as the case
may be.
``(c) Procedures for Review of State Equalization Plans.--
``(1) Written notice.--
``(A) In general.--Any State that wishes to consider
payments described in subsection (b)(1) in providing State
aid to local educational agencies shall submit to the
Secretary, not later than 120 days before the beginning of
the State's fiscal year, a written notice of its intention to
do so.
``(B) Contents.--Such notice shall be in the form and
contain the information the Secretary requires, including
evidence that the State has notified each local educational
agency in the State of its intention to consider such
payments in providing State aid.
``(2) Opportunity to present views.--Before making a
determination under subsection (b), the Secretary shall
afford the State, and local educational agencies in the
State, an opportunity to present their views.
``(3) Qualification procedures.--If the Secretary
determines that a program of State aid qualifies under
subsection (b), the Secretary shall--
``(A) certify the program and so notify the State; and
``(B) afford an opportunity for a hearing, in accordance
with section 8011(a), to any local educational agency
adversely affected by such certification.
``(4) Non-qualification procedures.--If the Secretary
determines that a program of State aid does not qualify under
subsection (b), the Secretary shall--
``(A) so notify the State; and
``(B) afford an opportunity for a hearing, in accordance
with section 8011(a), to the State, and to any local
educational agency adversely affected by such determination.
``(d) Reductions of State Aid.--
``(1) In general.--A State whose program of State aid has
been certified by the Secretary under subsection (c)(3) may
reduce the amount of such aid provided to a local educational
agency that receives a payment under section 8003 and section
8004(b) by any amount up to--
``(A) the amount of such payment (excluding amounts
provided under subsections (d) and (f) of section 8004 and
the amount calculated in excess of 1.0 under section
8004(a)(2)); multiplied by
``(B) 100 percent minus the percentage of disparity
determined under subsection (b).
``(2) Prohibition.--A State may not make a reduction
described in paragraph (1) before its program of State aid
has been certified by the Secretary under subsection (c)(3).
``(e) Remedies for State Violations.--
``(1) In general.--The Secretary or any aggrieved local
educational agency may, without exhausting administrative
remedies, bring an action in a United States district court
against any State that violates subsection (a) or subsection
(d)(2) or fails to carry out an assurance provided under
subsection (b)(3)(B).
``(2) Immunity.--A State shall not be immune under the
eleventh amendment to the Constitution of the United States
from an action described in paragraph (1).
``(3) Relief.--The court shall grant such relief as it
determines is appropriate, which may include attorney's fees
to a prevailing local educational agency.
``SEC. 8010. FEDERAL ADMINISTRATION.
``(a) Payments in Whole Dollar Amounts--The Secretary shall
round any payments under this title to the nearest whole
dollar amount.
``(b) Other Agencies.--Each Federal agency administering
Federal property on which children reside, and each agency
principally responsible for an activity that may occasion
assistance under this title, shall, to the maximum extent
practicable, comply with requests of the Secretary for
information the Secretary may require to carry out this
title.
``SEC. 8011. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.
``(a) Administrative Hearings.--A local educational agency
and a State that is adversely affected by any action of the
Secretary under this title shall be entitled to a hearing on
such action in the same manner as if such agency were a
person under chapter 5 of title 5, United States Code.
``(b) Judicial Review of Secretarial Action.--
``(1) In general.--A local educational agency or a State
aggrieved by the Secretary's final decision following an
agency proceeding under subsection (a) may, within 60 days
after receiving notice of such decision, file with the United
States court of appeals for the circuit in which such agency
or State is located a petition for review of that action. The
clerk of the court shall promptly transmit a copy of the
petition to the Secretary. The Secretary shall then file in
the court the record of the proceedings on which the
Secretary's action was based, as provided in section 2112 of
title 28, United States Code.
``(2) Findings of fact.--The findings of fact by the
Secretary, if supported by substantial evidence, shall be
conclusive, but the court, for good cause shown, may remand
the case to the Secretary to take further evidence. The
Secretary may thereupon make new or modified findings of fact
and may modify the Secretary's previous action, and shall
file in the court the record of the further proceedings. Such
new or modified findings of fact shall likewise be conclusive
if supported by substantial evidence.
``(3) Review.--The court shall have exclusive jurisdiction
to affirm the action of the Secretary or to set it aside, in
whole or in part. The judgment of the court shall be subject
to review by the Supreme Court of the United States upon
certiorari or certification as provided in section 1254 of
title 28, United States Code.
``SEC. 8012. DEFINITIONS.
``For purposes of this title, the following definitions
apply:
``(1) Armed forces.--The term `Armed Forces' means the
Army, Navy, Air Force, and Marine Corps.
``(2) Average per-pupil expenditure.--The term `average
per-pupil expenditure' means--
``(A) the aggregate current expenditures of all local
educational agencies in the State; divided by
``(B) the total number of children in average daily
attendance for whom such agencies provided free public
education.
``(3) Construction.--The term `construction' means--
``(A) the preparation of drawings and specifications for
school facilities;
``(B) erecting, building, acquiring, altering, remodeling,
repairing, or extending school facilities;
``(C) inspecting and supervising the construction of school
facilities; and
``(D) debt service for such activities.
``(4) Federal property.--
[[Page 195]]
``(A) In general.--Except as provided in subparagraphs (B)
through (F), the term `Federal property' means real property
that is not subject to taxation by any State or any political
subdivision of a State due to Federal agreement, law, or
policy, and that is--
``(i) owned by the United States or leased by the United
States from another entity;
``(ii)(I) held in trust by the United States for individual
Indians or Indian tribes;
``(II) held by individual Indians or Indian tribes subject
to restrictions on alienation imposed by the United States;
``(III) conveyed at any time under the Alaska Native Claims
Settlement Act (Public Law 92-203, 43 U.S.C. 1601 et seq.) to
a Native individual, Native group, or Village or Regional
corporation;
``(IV) public land owned by the United States that is
designated for the sole use and benefit of individual Indians
or Indian tribes; or
``(V) used for low-rent housing, as otherwise described in
this paragraph, that is located on land described in
subclause (I), (II), (III), or (IV) of this clause or on land
that met one of those descriptions immediately before its use
for such housing;
``(iii)(I) part of a low-rent housing project assisted
under the United States Housing Act of 1937; or
``(II) used to provide housing for homeless children at
closed military installations pursuant to section 501 of the
Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11411); or
``(iv) owned by a foreign government or by an international
organization.
``(B) Schools providing flight training to members of air
force.--The term `Federal property' includes, so long as not
subject to taxation by any State or any political subdivision
of a State, and whether or not that tax exemption is due to
Federal agreement, law, or policy, any school providing
flight training to members of the Air Force under contract
with the Air Force at an airport owned by a State or
political subdivision of a State.
``(C) Non-federal easements, leases, licenses, permits,
improvements, and certain other real property.--The term
`Federal property' includes, whether or not subject to
taxation by a State or a political subdivision of a State--
``(i) any non-Federal easement, lease, license, permit, or
other such interest in Federal property as otherwise
described in this paragraph, but not including any non-
Federal fee-simple interest;
``(ii) any improvement on Federal property as otherwise
described in this paragraph; and
``(iii) real property that, immediately before its sale or
transfer to a non-Federal party, was owned by the United
States and otherwise qualified as Federal property described
in this paragraph, but only for one year beyond the end of
the fiscal year of such sale or transfer.
``(D) Certain postal service property and pipelines and
utility lines.--Notwithstanding any other provision of this
paragraph, the term `Federal property' does not include--
``(i) any real property under the jurisdiction of the
United States Postal Service that is used primarily for the
provision of postal services; or
``(ii) pipelines and utility lines.
``(E) Property with respect to which state or local tax
revenues may not be expended, allocated, or available for
free public education.--Notwithstanding any other provision
of this paragraph, `Federal property' does not include any
property on which children reside that is otherwise described
in this paragraph if--
``(i) no tax revenues of the State or of any political
subdivision of the State may be expended for the free public
education of children who reside on that Federal property; or
``(ii) no tax revenues of the State are allocated or
available for the free public education of such children.
``(F) Certain property located in state of oklahoma owned
by indian housing authority for low-income housing.--The term
`Federal property' includes any real property located in the
State of Oklahoma that--
``(i) is owned by an Indian housing authority and used for
low-income housing (including housing assisted under the
mutual help ownership opportunity program under section 202
of the United States Housing Act of 1937); and
``(ii) at any time--
``(I) was designated by treaty as tribal land; or
``(II) satisfied the definition of Federal property under
section 403(1)(A) of the Act of September 30, 1950 (Public
Law 874, 81st Congress).
``(5) Free public education.--The term `free public
education' means education that is provided--
``(A) at public expense, under public supervision and
direction, and without tuition charge; and
``(B) as elementary or secondary education, as determined
under State law, except that, notwithstanding State law, such
term--
``(i) includes preschool education; and
``(ii) does not include any education provided beyond grade
12.
``(6) Indian lands.--The term `Indian lands' means any
Federal property described in paragraph (4)(A)(ii) or (4)(F).
``(7) Local contribution percentage.--
``(A) In general.--The term `local contribution percentage'
means the percentage of current expenditures in the State
derived from local and intermediate sources, as reported to
and verified by the National Center for Education Statistics.
``(B) Hawaii and district of columbia.--Notwithstanding
subparagraph (A), the local contribution percentage for
Hawaii and for the District of Columbia shall be the local
contribution percentage computed for the Nation as a whole.
``(8) Local educational agency.--
``(A) In general.--Except as provided in subparagraph (B),
the term `local educational agency'--
``(i) means a board of education or other legally
constituted local school authority having administrative
control and direction of free public education in a county,
township, independent school district, or other school
district; and
``(ii) includes any State agency that directly operates and
maintains facilities for providing free public education.
``(B) Exception.--The term `local educational agency' does
not include any agency or school authority that the Secretary
determines on a case-by-case basis--
``(i) was constituted or reconstituted primarily for the
purpose of receiving assistance under this title or the Act
of September 30, 1950 (Public Law 874, 81st Congress) or
increasing the amount of such assistance; or
``(ii) is not constituted or reconstituted for legitimate
educational purposes.
``(9) Low-rent housing.--The term `low-rent housing' means
housing located on property that is described paragraph
(4)(A)(iii).
``(10) Revenue derived from local sources.--The term
`revenue derived from local sources' means--
``(A) revenue produced within the boundaries of a local
educational agency and available to such agency for its use;
or
``(B) funds collected by another governmental unit, but
distributed back to a local educational agency in the same
proportion as it was collected as a local revenue source.
``(11) School facilities.--The term `school facilities'
includes--
``(A) classrooms and related facilities; and
``(B) equipment, machinery, and utilities necessary or
appropriate for school purposes.
``SEC. 8013. AUTHORIZATION OF APPROPRIATIONS.
``(a) Payments for Federal Acquisition of Real Property.--
For the purpose of making payments under section 8003, there
are authorized to be appropriated $16,750,000 for fiscal year
1995 and such sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.
``(b) Basic Payments.--For the purpose of making payments
under section 8004(a), there are authorized to be
appropriated $775,500,000 for fiscal year 1995 and such sums
as may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.
``(c) Payments for Children With Disabilities.--For the
purpose of making payments under section 8004(d), there are
authorized to be appropriated $45,000,000 for fiscal year
1995 and such sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.
``(d) Payments for Heavily Impacted Local Educational
Agencies.--
``(1) In general.--For the purpose of making payments under
section 8004(f), there are authorized to be appropriated
$42,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are
authorized to remain available until expended.
Page 864, after line 4, insert the following:
(a) Section 1.--Section 1 of the Act of September 23, 1950
(Public Law 815, 81st Congress; 20 U.S.C. 631) is amended--
(1) by striking the 2nd sentence of subsection (a); and
(2) by amending subsection (b) to read as follows:
``(b) There are authorized to be appropriated to carry out
this Act $12,500,000 for fiscal year 1995 and such sums as
may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.''.
Page 864, strike line 5 and all that follows through line 7
and insert the following:
(b) Section 2.--Section 2 of such Act is amended to read as
follows:
Page 864, line 19, strike ``(b)'' and insert ``(c)''.
Page 866, line 3, strike ``(c)'' and insert ``(d)''.
Page 869, line 10, strike ``(d)'' and insert ``(e)''.
Title V Technical Amendment
Page 901, strike lines 2 through 4 and insert the
following:
Any authority or requirement to make funds available under
this Act shall be effective only to the extent provided in
appropriations acts.
Beginning on page 28, strike line 12 and all that follows
through page 30, line 2, and insert in lieu thereof the
following:
``(iii) model opportunity to learn standards for schools
which receive assistance under this title that address--
(I) the alignment of curricula, instructional materials,
and other school resources with the content and performance
standards adopted by the State;
(II) the capability of teachers to provide high quality
instruction within each subject area for which the State has
adopted content and performance standards;
(III) such other factors that the State deems appropriate
to ensure that students
[[Page 196]]
served under this title receive a fair opportunity to achieve
the knowledge and skills described in content and performance
standards adopted by the State.''
Page 34, strike lines 7 through 11 (and redesignate any
subsequent paragraphs accordingly)
Page 36, line 18 after ``agencies'' insert ``and the public
of the standards and assessments developed under this
section, and''
Page 39, after line 12, insert the following new paragraph
(and redesignate accordingly):
``(g) Notwithstanding any other provision of this Act, the
implementation of model opportunity to learn standards shall
be voluntary on the part of the States, local educational
agencies, and schools.''
Page 39, after line 17, insert the following new paragraphs
(and redesignate accordingly):
``(i) Nothing in this section shall be construed to create
a legally enforceable right for any person against a State,
local educational agency, or school based on opportunity to
learn standards.
(j) Nothing in this section shall be construed to mandate
equalized spending per pupil for a State, local educational
agency, or school.
(k) Nothing in this section shall be construed to mandate
national school building standards for a State, local
educational agency, or school.''
Page 42, strike lines 19 through 22
Page 67, strike lines 7 through 9
Page 69, line 3, after ``standards'' insert ``including
reviewing the school's plan in the context of the State's
model opportunity to learn standards''
Page 70, line 13 after ``include'' insert ``implementing
the State's model opportunity to learn standards,''
Page 72, line 20, after ``standards'' insert ``including
reviewing the local educational agency's plan in the context
of the State's model opportunity to learn standards''
Page 74, line 1, after ``include'' insert ``implementing
the State's model opportunity to learn standards,''
Page 75, line 12, strike ``and opportunity to learn
standards''
Page 91, line 19, strike ``opportunity to learn standards''
Page 183, after line 16 insert the following (and
redesignate accordingly):
``(v) are using any of the voluntary model State
opportunity to learn standards that may have been implemented
and whether they are useful in improving learning.''
Page 330, line 6, strike ``and''.
Page 330, line 7, insert the following (and redesignate any
subsequent subparagraphs accordingly):
``(M) The development and expansion of public-private
partnership programs which extend the learning experience,
via computers, beyond the classroom environment into student
homes.
It was decided in the
Yeas
422
<3-line {>
affirmative
Nays
1
Para. 13.10 [Roll No. 33]
AYES--422
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Faleomavaega (AS)
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Myers
Nadler
Natcher
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--1
Durbin
NOT VOTING--15
Andrews (TX)
Clay
Gejdenson
Green
Hastings
Hyde
Kennedy
Kennelly
Laughlin
Markey
Murtha
Rush
Synar
Washington
Wilson
So the amendments en bloc, as modified, were agreed to.
After some further time,
The SPEAKER pro tempore, Mr. MEEHAN, assumed the Chair.
When Mr. PRICE, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
Para. 13.11 adjournment over
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 12
o'clock noon, on Monday, February 28, 1994.
Para. 13.12 calendar wednesday business dispensed with
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, March
2, 1994, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
Para. 13.13 motion to discharge committee
To the Clerk of the House of Representatives:
Pursuant to clause 4, rule XXVII, I, Charles W. Stenholm, move to
discharge the Committee on Rules from the consideration of the
resolution (H. Res. 331) providing for the consideration of the joint
resolution (H.J. Res. 103) proposing an amendment to the Constitution to
provide for a balanced budget for the United States Government and for
greater accountability in the enactment of tax legislation, which was
referred to said committee January 25, 1994, in support of which motion
the undersigned Members of the House of Representatives affix their
signatures, to wit:
1. Charles W. Stenholm.
2. James M. Inhofe.
[[Page 197]]
3. Pete Geren.
4. Olympia J. Snowe.
5. Dick Swett.
6. H. Martin Lancaster.
7. Porter J. Goss.
8. Deborah Pryce.
9. Joe Barton.
10. Jay Dickey.
11. Earl Hutto.
12. James A. Hayes.
13. Chet Edwards.
14. Don Johnson.
15. L.F. Payne.
16. Henry Bonilla.
17. Nathan Deal.
18. Gerald B.H. Solomon.
19. Toby Roth.
20. Robert F. Smith.
21. Glen Browder.
22. Gene Taylor.
23. Peter Hoekstra.
24. Cass Ballenger.
25. Curt Weldon.
26. Bill Barrett.
27. Jack Quinn.
28. Calvin M. Dooley.
29. Dave Camp.
30. F. James Sensenbrenner.
31. Tim Valentine.
32. Jim Bunning.
33. Harris W. Fawell.
34. Frank R. Wolf.
35. Peter T. King.
36. Jon Kyl.
37. Bob Inglis.
38. John Edward Porter.
39. Dick Zimmer.
40. Charles T. Canady.
41. Pat Roberts.
42. Fred Upton.
43. Jim Bacchus.
44. Doug Bereuter.
45. Stephen Horn.
46. Craig Thomas.
47. Michael A. ``Mac'' Collins.
48. Sanford D. Bishop, Jr.
49. Peter Blute.
50. Collin C. Peterson.
51. John S. Tanner.
52. Frank Pallone, Jr.
53. Richard H. Baker.
54. Bill Baker.
55. Jay Kim.
56. Lincoln Diaz-Balart.
57. David Minge.
58. Steve Gunderson.
59. C.W. Bill Young.
60. Howard Coble.
61. Bill Paxon.
62. Alfred A. (Al) McCandless.
63. Bill Emerson.
64. Randy ``Duke'' Cunningham.
65. Elton Gallegly.
66. Dean A. Gallo.
67. Michael Bilirakis.
68. Barbara F. Vucanovich.
69. Scott McInnis.
70. Dan Schaefer.
71. Robert E. (Bud) Cramer, Jr.
72. Nick Smith.
73. Mike Parker.
74. Glen Poshard.
75. George E. Sangmeister.
76. Robert H. Michel.
77. Larry Combest.
78. Howard P. ``Buck'' McKeon.
79. James T. Walsh.
80. James V. Hansen.
81. Jerry Lewis.
82. James A. Leach.
83. Helen Delich Bentley.
84. Jill L. Long.
85. Joe Skeen.
86. Ralph M. Hall.
87. Sonny Callahan.
88. Jim Lightfoot.
89. William F. Clinger, Jr.
90. Don Sundquist.
91. Amo Houghton.
92. W.J. Billy Tauzin.
93. Stephen E. Buyer.
94. Jennifer Dunn.
95. E. Clay Shaw, Jr.
96. Sam Johnson.
97. Ike Skelton.
98. J. Roy Rowland.
99. Peter G. Torkildsen.
100. J. Alex McMillan.
101. Jan Meyers.
102. Bill K. Brewster.
103. Jim Nussle.
104. Richard W. Pombo.
105. Roscoe G. Bartlett.
106. Pat Danner.
107. Gary A. Condit.
108. William H. Zeliff, Jr.
109. Cliff Stearns.
110. Jim Kolbe.
111. Joe Knollenberg.
112. Rich Lazio.
113. Tillie K. Fowler.
114. Thomas J. Bliley.
115. Arthur Ravenel, Jr.
116. Hamilton Fish, Jr.
117. Jim Chapman.
118. Ken Calvert.
119. Dan Miller.
120. James H. (Jimmy) Quillen.
121. William O. Lipinski.
122. Michael D. Crapo.
123. Michael N. Castle.
124. W.G. (Bill) Hefner.
125. Timothy J. Penny.
126. Vernon J. Ehlers.
127. Jim Saxton.
128. David Dreier.
129. Ron Packard.
130. William F. Goodling.
131. Thomas W. Ewing.
132. Bob Stump.
133. Bill Archer.
134. Philip M. Crane.
135. Jim McCrery.
136. Rob Portman.
137. Donald A. Manzullo.
138. John M. McHugh.
139. Ernest J. Istook.
140. John A. Boehner.
141. Terry Everett.
142. Rod Grams.
143. Duncan Hunter.
144. Bill McCollum.
145. Lamar S. Smith.
146. Edward R. Royce.
147. Martin R. Hoke.
148. Newt Gingrich.
149. Richard K. Armey.
150. Sherwood Boehlert.
151. Dave McCurdy.
152. George (Buddy) Darden.
153. Michael Huffington.
154. Carlos J. Moorhead.
155. Ronald K. Machtley.
156. David Mann.
157. Scotty Baesler.
158. Christopher Cox.
159. Gary A. Franks.
160. William M. Thomas.
161. John T. Doolittle.
162. Christopher H. Smith.
163. Herbert H. Bateman.
164. Fred Grandy.
165. Rick Santorum.
166. Bob Goodlatte.
167. Jack Kingston.
168. Jim Ramstad.
169. Bob Livingston.
170. Harold Rogers.
171. J. Dennis Hastert.
172. David A. Levy.
173. Robert S. Walker.
174. James A. Barcia.
175. David L. Hobson.
176. Bob Franks.
177. Dana Rohrabacher.
178. John R. Kasich.
179. John Linder.
180. Mel Hancock.
181. Michael G. Oxley.
182. Paul E. Gillmor.
183. Joel Hefley.
184. Spencer Bachus.
185. Jack Fields.
186. Wayne Allard.
187. James C. Greenwood.
188. Wally Herger.
189. Bob Clement.
190. Peter A. DeFazio.
191. Blanche M. Lambert.
192. Harold L. Volkmer.
193. Tom Lewis.
194. James M. Talent.
195. James P. Moran.
196. Robert K. Dornan.
197. Wayne T. Gilchrest.
198. Dan Burton.
199. Nancy L. Johnson.
200. Thomas E. Petri.
201. Thomas J. Ridge.
202. Charles H. Taylor.
203. Larry LaRocco.
204. Tom Bevill.
205. John L. Mica.
206. Andrew Jacobs, Jr.
207. Y. Tim Hutchinson.
208. Susan Molinari.
209. Tom DeLay.
210. Steven L. Neal.
211. Don Young.
212. Ileana Ros-Lehtinen.
213. Marcy Kaptur.
214. Jim Cooper.
215. Ralph Regula.
216. Robert G. Torricelli.
217. James A. Traficant, Jr.
218. Scott L. Klug.
And then,
Para. 13.14 adjournment
On motion of Mr. WALKER, pursuant to the special order heretofore
agreed to, at 4 o'clock and 46 minutes p.m., the House adjourned until
12 o'clock noon on Monday, February 28, 1994.
Para. 13.15 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. ANDREWS of Texas:
H.R. 3892. A bill to improve the child support system;
jointly, to the Committees on Ways and Means, the Judiciary,
Education and Labor, and Banking, Finance and Urban Affairs.
By Mr. BACCHUS of Florida (for himself and Mr. Mica):
[[Page 198]]
H.R. 3893. A bill to authorize the collection of entrance
fees at Canaveral National Seashore, and for other purposes;
to the Committee on Natural Resources.
By Mr. BEREUTER:
H.R. 3894. A bill to extend the conservation reserve
program for 10 years and the wetlands reserve program for 5
years; to protect vulnerable soil and water resources by
facilitating the transition of our Nation's most
environmentally sensitive land to conservation uses by
enabling farmers to meet conservation compliance requirements
through the early withdrawal, modification, reenrollment, or
enrollment of lands in the conservation reserve; to best
achieve such conservation purposes with sharply limited
resources by permitting the Secretary of Agriculture to
negotiate reduced annual rental payments in exchange for
granting farmers increased flexibility to withdraw, enroll,
or reenroll parts of land parcels in the conservation reserve
program and for permitting limited uses on lands enrolled in
the conservation reserve; to permit the transfer of crop
bases among owners upon the expiration of enrollment; and to
authorize the establishment of demonstration projects; to the
Committee on Agriculture.
By Mr. CANADY (for himself, Mr. Pete Geren of Texas,
Mr. Zimmer, Mrs. Thurman, Mr. Diaz-Balart, Mr.
Condit, Mr. Collins of Georgia, Mr. Hoekstra, Mr.
Pombo, Mr. Inglis of South Carolina, Mr. Hutto, Mr.
Miller of Florida, Mr. Doolittle, Mr. Crapo, Mr.
Kasich, Mrs. Fowler, Mr. Bilirakis, Mr. DeLay, Mr.
Goss, Mr. Talent, Mr. Baker of California, Mr.
Callahan, Mr. Lewis of Florida, Mr. Young of Florida,
Mr. Dornan, Mr. Moorhead, Mr. Stump, Mr. Boehner, Mr.
Coble, Mr. McKeon, and Mr. Stearns):
H.R. 3895. A bill to provide appropriate remedies for
prison overcrowding; to the Committee on the Judiciary.
By Miss COLLINS of Michigan:
H.R. 3896. A bill to amend the Public Health Service Act to
provide for demonstration projects to improve the health of
racial and ethnic minority groups by preventing disease and
death; to the Committee on Energy and Commerce.
By Ms. ESHOO:
H.R. 3897. A bill to amend the Internal Revenue Code of
1986 to establish a Higher Education Accumulation Program
[HEAP] under which individuals are allowed a deducation for
contributions to HEAP accounts; to the Committee on Ways and
Means.
By Mr. FRANK of Massachusetts (for himself, Mr.
Moakley, Mr. Markey, Mr. Studds, Mr. Blute, Mr.
Kennedy, Mr. Torkildsen, Mr. Meehan, Mr. Neal of
Massachusetts, Mr. Olver, and Mr. Faleomavaega):
H.R. 3898. A bill to establish the New Bedford Whaling
National Historical Park in New Bedford, MA, and for other
purposes; to the Committee on Natural Resources.
By Mr. GLICKMAN (for himself, Mr. Gephardt, and Ms.
DeLauro):
H.R. 3899. A bill to create police parnterships for
children; to the Committee on the Judiciary.
By Mr. GEPHARDT (for himself, Mrs. Collins of Illinois,
Mr. Matsui, Mr. Levin, Mr. Regula, Mr. Mineta, Mr.
Dingell, Mr. Blackwell, Mr. Brown of Ohio, Mr. Barca
of Wisconsin, Ms. Brown of Florida, Mr. Kleczka, Mr.
Conyers, Mrs. Bentley, Mr. Coyne, Ms. Kaptur, Mr.
Cardin, Mr. Obey, Mr. Neal of Massachusetts, and Mr.
Klink):
H.R. 3900. A bill to expand U.S. exports of goods and
services by requiring the development of objective criteria
to achieve market access in Japan, and for other purposes; to
the Committee on Ways and Means.
By Mr. HILLIARD (for himself and Ms. McKinney):
H.R. 3901. A bill to establish a Southern Rural Development
Commission; jointly, to the Committees on Public Works and
Trasnportation, Energy and Commerce, Education and Labor, and
Agriculture.
By Mr. HOEKSTRA (for himself and Mr. Ehlers):
H.R. 3902. A bill to amend the Clean Air Act to require the
designation of certain areas as rural transport areas for
purposes of nonattainment requirements, and for other
purposes; to the Committee on Energy and Commerce.
By Mr. JEFFERSON:
H.R. 3903. A bill to amend the Internal Revenue Code of
1986 to permit the tax-free rollover of certain payments made
by employers to separated employees; to the Committee on Ways
and Means.
H.R. 3904. A bill to provide that certain service or
management contracts will not result in municipal water or
wastewater facilities being treated as used in a private
business use for purposes of the limitations on private
activity bonds; to the Committee on Ways and Means.
By Mr. KOPETSKI:
H.R. 3905. A bill to provide for the establishment and
management of the Opal Creek Forest Preserve in the State of
Oregon; jointly, to the Committees on Natural Resources and
Agriculture.
By Mr. KREIDLER (for himself and Mr. Canady):
H.R. 3906. A bill to amend title XIX of the Social Security
Act to permit Federal payment under the Medicaid Program for
physicians' services furnished to children or pregnant women
under State Medicaid plans by physicians certified by the
medical specialty board recognized by the American
Osteopathic Association; to the Committee on Energy and
Commerce.
By Mr. KREIDLER:
H.R. 3907. A bill to direct the Secretary of Health and
Human Services to carry out a demonstration project under
which physicians providing services to individuals entitled
to benefits under the Medicare Program will receive regular
information on charges submitted by and payments made to
other providers who furnish services to such individuals;
jointly, to the Committees on Ways and Means and Energy and
Commerce.
By Mr. LaROCCO:
H.R. 3908. A bill to establish the Office of Personal
Savings Promotion within the Department of the Treasury; to
the Committee on Ways and Means.
H.R. 3909. A bill to amend title XVII of the Public Health
Service Act to authorize the Secretary of Health and Human
Services to make grants to establish and develop telemedicine
projects for rural areas, to establish a health care data
interchange system, and for other purposes; jointly, to the
Committees on Energy and Commerce, Ways and Means, Armed
Services, Veterans' Affairs, Post Office and Civil Service,
Natural Resources, and Education and Labor.
By Mr. MACHTLEY:
H.R. 3910. A bill to suspend temporarily the duty on
certain pigments; to the Committee on Ways and Means.
By Mr. MILLER of Florida (for himself, Mr. Armey, Mr.
Ballenger, Mr. Boehner, Mr. Cox, Mr. Dornan, Mr.
DeLay, Mr. Saxton, Mrs. Fowler, Mr. Gingrich, Mr.
Hutchinson, and Mr. Lewis of Florida):
H.R. 3911. A bill to prohibit the imposition by the Federal
Government of global budgets, health care premium caps, and
similar limits on private health care expenditures in
geographic areas; to the Committee on Energy and Commerce.
By Mr. QUINN (for himself, Mr. Hochbrueckner, Mr.
Blute, Mr. King, Mr. Levy, Mr. Houghton, Mr. Walsh,
Mr. Lazio, Mr. CAstle, and Ms. Molinari):
H.R. 3912. A bill to prohibit the receipt of explosives
without a Federal permit, and to provide for a waiting period
before the purchase of explosives; to the Committee on the
Judiciary.
By Mr. SMITH of Michigan (for himself, Mr. Duncan, and
Mr. Gekas):
H.R. 3913. A bill to amend title XVI of the Social Security
Act to terminate the eligibility of children under 16 years
of age for supplemental security income benefits by reason of
disability, and preserve the eligibility of such disabled
children for Medicaid benefits; jointly, to the Committees on
Ways and Means and Energy and Commerce.
By Mr. TALENT:
H.R. 3914. A bill to designate the Federal building located
at 1655 Woodson Road in Overland, MO, as the ``Sammy L. Davis
Federal Building''; to the Committee on Public Works and
Transportation.
By Mr. TORKILDSEN (for himself, Mr. Blute, and Mr.
Studds):
H.R. 3915. A bill to prevent States from taxing Federal
military retirement annuities while not taxing State
retirement annuities on the basis of whether there are
employee contributions for such annuities; to the Committee
on the Judiciary.
By Mr. ZIMMER (for himself, Mr. Gallo, Mr. Weldon, Mr.
Bartlett of Maryland, and Mr. Inglis of South
Carolina):
H.R. 3916. A bill to rescind the authority of the President
to engage in certain activities agreed to in exchange for
votes for the North American Free-Trade Agreement
Implementation Act; jointly, to the Committees on Ways and
Means, Armed Services, Agriculture, Public Works and
Transportation, and Science, Space, and Technology.
By Mr. WELDON (for himself, Mr. Hoyer, Mr. Boehlert,
and Mr. Valentine):
H.J. Res. 328. Joint resolution designating the week
beginning May 1, 1994, as ``Arson Awareness Week''; to the
Committee on Post Office and Civil Service.
By Mr. LaROCCO:
H. Con. Res. 211. Concurrent resolution to express the
sense of the Congress that the President should convene a
White House Conference on Savings; to the Committee on
Banking, Finance and Urban Affairs.
By Mrs. MORELLA (for herself, Mr. Brown of California,
Ms. Furse, Mr. Kennedy, Mr. McDermott, Mr. Moakley,
Mr. Ravenel, and Ms. Woolsey):
H. Con. Res. 212. Concurrent resolution expressing the
sense of the Congress regarding the Guatemalan peace process
and the need for greater protection of human rights in
Guatemala; to the Committee on Foreign Affairs.
By Mr. FROST:
H. Res. 369. Resolution providing amounts from the
contingent fund of the House for the expenses of
investigations and studies by certain committees of the House
in the 2d session of the 103d Congress; to the Committee on
House Administration.
By Mr. GLICKMAN (for himself and Mr. Hansen):
H. Res. 370. Resolution providing for the consideration of
the bill (H.R. 3087), proposing to amend the Federal Aviation
Act of 1958 to establish time limitations on certain civil
actions against aircraft manufacturers, and for other
purposes; to the Committee on Rules.
By Mr. LaROCCO:
H. Res. 371. Resolution requesting the President to
designate April 1994 as ``Na-
[[Page 199]]
tional Savings Month''; to the Committee on Post Office and
Civil Service.
Para. 13.16 memorials
Under clause 4 of rule XXII,
291. The SPEAKER presented a memorial of the Senate of the
Commonwealth of Pennsylvania, relative to the war in Bosnia;
which was referred to the Committee on Foreign Affairs.
Para. 13.17 private bills and resolutions
Under clause 1 of rule XXII,
Mr. STUPAK introduced a bill (H.R. 3917) for the relief of
Arthur A. Carron, Jr.; which was referred to the Committee on
the Judiciary.
Para. 13.18 additional sponsors
Under clause 4 of rule XXII, sponsors were added to the public bills
and resolutions as follows:
H.R. 39: Mr. Neal of Massachusetts and Mr. Deutsch.
H.R. 44: Mr. Durbin and Mr. Spratt.
H.R. 65: Ms. Norton.
H.R. 71: Mr. Manzullo.
H.R. 93: Mr. McCandless.
H.R. 140: Mr. Hall of Texas, Mr. Tanner, Mr. Quinn, Ms.
Schenk, Mr. Grams, Mr. Hastert, Mr. Santorum, and Ms. Dunn.
H.R. 163: Mr. Goodlatte.
H.R. 167: Mrs. Lloyd and Mr. Lipinski.
H.R. 171: Mr. Packard.
H.R. 173: Mr. Livingston and Mr. Talent.
H.R. 303: Mr. McCollum.
H.R. 518: Ms. Byrne, Mr. Zimmer, and Mr. Neal of
Massachusetts.
H.R. 769: Mr. Olver.
H.R. 823: Mr. Browder.
H.R. 885: Mr. Lightfoot, Mr. Greenwood, Mr. Wyden, Mr.
Peterson of Minnesota, and Mr. Walsh.
H.R. 911: Mr. Lipinski.
H.R. 1110: Mr. Lewis of California, Mr. Hayes, Mr. Barton
of Texas, Mr. Levy, Mr. Fields of Texas, Mr. Gekas, and Mr.
Walsh.
H.R. 1155: Mr. Holden.
H.R. 1181: Mr. Darden, Mr. Roth, and Mr. Skelton.
H.R. 1182: Mr. Hamburg.
H.R. 1280: Mr. Hamburg, Mr. Hoagland, Mr. Conyers, Mr.
Scott, Mr. Hefner, Mr. Jefferson, Ms. Waters, Mrs. Meek of
Florida, Mr. Romero-Barcelo, Ms. Eshoo, and Mr. Rose.
H.R. 1295: Mr. Carr, Mr. Durbin, and Ms. Harman.
H.R. 1417: Mr. Washington and Mr. Farr.
H.R. 1431: Mr. Nadler.
H.R. 1432: Mr. Mineta.
H.R. 1531: Mr. Dixon, Mr. Rangel, Mr. Washington, Mrs. Meek
of Florida, Mr. Flake, and Mr. Engel.
H.R. 1602: Mrs. Maloney, Mr. Lazio, and Mr. Hoyer.
H.R. 1671: Mr. Chapman.
H.R. 1712: Mr. Levy, Mr. Gallegly, and Mrs. Johnson of
Connecticut.
H.R. 1783: Mr. Smith of New Jersey.
H.R. 1818: Mr. Meehan.
H.R. 1900: Mr. Peterson of Florida, Mr. Swift, Mr. Wynn,
Mr. Barrett of Wisconsin, Mr. Rose, and Mr. Martinez.
H.R. 1938: Mr. Minge and Mr. Hughes.
H.R. 1980: Mr. Smith of Iowa, and Mr. Johnson of South
Dakota.
H.R. 2105: Mr. Sanders, Mr. Ackerman, Mr. Shays, and Mr.
Kreidler.
H.R. 2175: Mr. Glickman and Mr. Goodlatte.
H.R. 2199: Ms. Waters, Mrs. Unsoeld, Mr. Markey, and Mr.
Andrews of Maine.
H.R. 2222: Mr. Gejdenson.
H.R. 2249: Ms. Eshoo.
H.R. 2345: Mr. Bishop, Ms. Kaptur, Mr. Barcia of Michigan,
Mr. Vento, Ms. Pelosi, Mr. Kreidler, Mr. Thompson, Mr.
Edwards of California, and Mr. Serrano.
H.R. 2394: Mr. Synar, Mr. Conyers, Mr. Blackwell, Mr. de
Lugo, and Mrs. Maloney.
H.R. 2395: Mr. Synar, Mr. Conyers, Mr. Blackwell, Mr. de
Lugo, Mrs. Maloney, and Mr. Dixon.
H.R. 2448: Mr. Beilenson, Mr. Miller of California, Mr.
Dellums, Mr. Lipinski, Mr. Foglietta, and Mrs. Schroeder.
H.R. 2599: Miss Collins of Michigan, Mr. Quinn, Mr. Paxon,
Mrs. Unsoeld, Mr. Emerson, Mr. Mineta, Mr. Greenwood, Mr.
Towns, and Mr. Romero-Barcelo.
H.R. 2626: Mr. Moakley, Mr. Lewis of Georgia, and Mr.
Mazzoli.
H.R. 2671: Mr. Petri.
H.R. 2720: Mr. Roth, Mr. Beilenson, Mr. Bateman, and Mr.
Kopetski.
H.R. 2803: Ms. Furse.
H.R. 2882: Mr. Livingston.
H.R. 2912: Mr. LaRocco, Mr. Kildee, and Mr. Mineta.
H.R. 2966: Mr. Edwards of California, Mr. Cardin, Mr.
Filner, Mr. Scott, Mr. DeFazio, Mr. Wynn, Mrs. Lloyd, Mr.
Waxman, Mr. Bacchus of Florida, and Mr. Williams.
H.R. 3031: Mr. Linder.
H.R. 3064: Mr. Emerson and Mr. Neal of Massachusetts.
H.R. 3087: Mr. Cooper, Mr. LaRocco, Ms. English of Arizona,
Mr. Gejdenson, Mr. Kildee, and Mr. Franks of New Jersey.
H.R. 3122: Mr. Pastor.
H.R. 3251: Mr. Barrett of Wisconsin.
H.R. 3389: Mr. Barrett of Wisconsin.
H.R. 3407: Mr. Ballenger, Mr. Wheat, Mr. Evans, Mr.
Kleczka, Mr. Machtley, Mr. Sam Johnson, Ms. Pryce of Ohio,
and Mr. LaFalce.
H.R. 3486: Mr. Callahan, Mr. Barcia of Michigan, Mr. Goss,
Mr. Parker, Mr. Petri, Mrs. Fowler, Mr. Canady, and Mr.
Duncan.
H.R. 3498: Mr. Frost.
H.R. 3523: Mr. Torkildsen, Mr. Vento, Mr. Smith of
Michigan, Mr. Walsh, Mr. Gingrich, Mr. Lewis of Georgia, Mrs.
Schroeder, Mr. Rose, Mr. Filner, Mr. Hughes, Mr. Ewing, and
Mr. Evans.
H.R. 3605: Mr. Bishop.
H.R. 3629: Mr. Lipinski, Mr. Linder, and Ms. McKinney.
H.R. 3663: Mr. Martinez and Mrs. Unsoeld.
H.R. 3666: Mr. Whitten, Mr. Martinez, Mr. Thornton, Mr.
McCrery, and Mr. Santorum.
H.R. 3725: Mr. Armey and Mr. Emerson.
H.R. 3787: Mr. Inglis of South Carolina.
H.R. 3795: Mr. Boehner, Mr. Walsh, Mr. Frost, and Mr.
Skeen.
H.R. 3797: Mr. Romero-Barcelo.
H.R. 3849: Mr. Poshard.
H.R. 3862: Mr. Hastert, Mr. Combest, Mr. Darden, Mr.
Duncan, Mr. Rowland, Mr. Inhofe, Mr. Gilchrest, Mr. Goss, Mr.
Collins of Georgia, Mr. Volkmer, Mr. Lightfoot, and Mr.
Tauzin.
H.R. 3866: Mr. Murtha, Mr. Neal of Massachusetts, Mr.
Kildee, Mr. Johnson of South Dakota, Mr. Foglietta, and Mr.
Lipinski.
H.R. 3870: Mr. Inslee and Mr. Moran.
H.R. 3872: Mr. Miller of California, Mr. Lipinski, Mr.
McCandless, and Mr. Deutsch.
H.J. Res. 22: Mr. Livingston.
H.J. Res. 90: Mrs. Maloney, Mrs. Collins of Illinois, Mr.
Valentine, Mr. Conyers, Mr. Lipinski, Mr. Castle, Mr. Neal of
North Carolina, Mr. Rahall, Mr. McNulty, Mr. de Lugo, Mr.
Markey, Mrs. Mink of Hawaii, Ms. DeLauro, Mr. Ackerman, Mr.
Machtley, Mr. Franks of Connecticut, Mr. McCollum, Mr. Smith
of Oregon, Mr. Spratt, Mr. Tauzin, Mr. Barrett of Wisconsin,
Mr. Calvert, Mr. Wilson, Mr. Matsui, Mr. Hastert, Ms. Eddie
Bernice Johnson of Texas, Mr. Sisisky, Mr. Boucher, Mr.
Poshard, and Mr. Stupak.
H.J. Res. 113: Mr. McDade.
H.J. Res. 297: Mr. Tanner, Mrs. Lloyd, Mr. Burton of
Indiana, Mr. Ramstad, and Mr. Callahan.
H.J. Res. 304: Ms. Brown of Florida, Mr. Ackerman, Mr.
Hinchey, Mrs. Morella, Mr. Borski, Mr. Emerson, Mr. McNulty,
Mr. Faleomavaega, Mr. Ballenger, Mr. Filner, Mrs. Mink of
Hawaii, Mr. McDermott, Mr. Walsh, Ms. DeLauro, Mr. Kopetski,
Mr. Solomon, Mr. Foglietta, Mr. Rangel, Mr. Lancaster, Mr.
Sarpalius, Mr. Sisisky, Mr. Barrett of Wisconsin, Ms. Furse,
Mr. DeFazio, Mr. Fish, Mr. Romero-Barcelo, Mr. Evans, and Ms.
Velazquez.
H.J. Res. 316: Mr. Bateman, Ms. Brown of Florida, Mr.
Faleomavaega, Mr. Johnson of South Dakota, Mr. McDermott, Mr.
DeFazio, Mr. Romero-Barcelo, Mr. Jefferson, Mr. Rangel, Mr.
Hochbrueckner, Mr. Foglietta, Mr. Andrews of New Jersey, Mr.
Martinez, Mr. Kreidler, Mr. Barrett of Wisconsin, Mr. Waxman,
Ms. Furse, Mr. Evans, Mr. Fish, Mr. Inslee, Mrs. Mink of
Hawaii, and Mr. Farr.
H.J. Res. 321: Mr. Solomon.
H.J. Res. 325: Mr. Filner, Ms. Pelosi, Mr. Emerson, Mr.
Romero-Barcelo, Mr. Dellums, Mr. Jefferson, Mr. Martinez.
H. Con. Res. 35: Mr. Lipinski.
H. Con. Res. 98: Mrs. Meyers of Kansas, Mr. Cox, Mr. Baker
of California, Mr. Johnston of Florida, Mr. Towns, Mr. Hoke,
Mr. DeFazio, and Ms. Kaptur.
H. Con. Res. 191: Mr. Canady.
H. Con. Res. 202: Mr. Poshard and Mr. Williams.
H. Res. 122: Mrs. Lowey, Mr. Gallegly, Mr. Zimmer, Mr.
Linder, Mr. Hastert, Mr. Mica, Mr. McCollum, Ms. Snowe, and
Mrs. Byrne.
H. Res. 234: Mr. Fields of Louisiana, Mr. Oberstar, Mr.
Schiff, Mr. Quillen, Mr. Gejdenson, Mr. Kingston, Mr. Tejeda,
Mr. Deal, Mr. Hefley, Mr. Tucker, Mr. Carr, Mr. Olver, Mr.
Neal of Massachusetts, Mr. Farr, Mr. Baesler, Mr.
Knollenberg, Mr. Hefner, Mr. Sangmeister, Mr. Hoagland, Ms.
Cantwell, Mr. Stump, Mr. Upton, Mr. Orton, and Mr. Bacchus of
Florida.
Para. 13.19 petitions, etc.
Under clause 1 of rule XXII,
76. The SPEAKER presented a petition of Huey McCoulskey,
State Representative, House of Representatives of Texas,
relative to petitioning the Congress of the United States to
call a convention for the purpose of drafting an amendment to
the Federal Constitution relating to State Tidelands Rights,
and so forth; which was referred to the Committee on the
Judiciary.
.
MONDAY, FEBRUARY 28, 1994 (14)
Para. 14.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
MONTGOMERY, who laid before the House the following communication:
House of Representatives,
Washington, DC, February 28, 1994.
I hereby designate the Honorable G.V. (Sonny) Montgomery to
act as Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the
House of Representatives.
Para. 14.2 approval of the journal
The SPEAKER pro tempore, Mr. MONTGOMERY, announced he had examined and
approved the Journal of the proceedings of Thursday, February 24, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
[[Page 200]]
Para. 14.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2636. A letter from the Secretary of Health and Human
Services, transmitting the Surgeon General's report on
preventing tobacco use among young people, pursuant to 15
U.S.C. 1337(a); to the Committee on Energy and Commerce.
2637. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a report pursuant
to section 3(e) of the AECA concerning the unauthorized
transfer of U.S.-origin defense articles, pursuant to 22
U.S.C. 2314(d); to the Committee on Foreign Affairs.
2638. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting copies of the report of
political contributions by Derek Shearer, of California, to
be Ambassador to the Republic of Finland, and members of his
family, pursuant to 22 U.S.C. 3944(b)(2); to the Committee on
Foreign Affairs.
2639. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting copies of the report of
political contributions by Ryan Clark Crocker, of Washington,
to be Ambassador to the State of Kuwait, and members of his
family, pursuant to 22 U.S.C. 3944(b)(2); to the Committee on
Foreign Affairs.
2640. Assistant Secretary of State for Legislative Affairs,
transmitting copies of the report of political contributions
by Edward S. Walker, Jr., of New York, to be Ambassador to
the Arab Republic of Egypt, and members of his family,
pursuant to 22 U.S.C. 3944(b)(2); to the Committee on Foreign
Affairs.
2641. A letter from the Executive Secretary, Barry M.
Goldwater Scholarship and Excellence in Education Foundation,
transmitting the annual report on the activities of the
inspector general for fiscal year 1993, pursuant to Public
Law 95-452, section 5(b), (102 Stat. 2526); to the Committee
on Government Operations.
2642. A letter from the Assistant Secretary (Management),
Department of the Treasury, transmitting a report of
activities under the Freedom of Information Act for calendar
year 1993, pursuant to 5 U.S.C. 552(d); to the Committee on
Government Operations.
2643. A letter from the Chairman, Federal Labor Relations
Authority, transmitting a report of activities under the
Freedom of Information Act for calendar year 1993, pursuant
to 5 U.S.C. 552(d); to the Committee on Government
Operations.
2644. A letter from the Chairman, Federal Maritime
Commission, transmitting a report of activities under the
Freedom of Information Act for calendar year 1993, pursuant
to 5 U.S.C. 552(d); to the Committee on Government
Operations.
2645. A letter from the Director, The Woodrow Wilson
Center, transmitting the annual report on the activities of
the inspector general for fiscal year 1993, pursuant to
Public Law 95-452, section 5(b) (102 Stat. 2526); to the
Committee on Government Operations.
2646. A letter from the Deputy Associate Director for
Collection and Disbursement, Department of the Interior,
transmitting a report on proposed refunds of excess royalty
payments in OCS areas, pursuant to 43 U.S.C. 1339(b); to the
Committee on Natural Resources.
2647. A letter from the Acting Assistant Secretary of the
Army (Civil Works), Department of the Army, transmitting
views and recommendations of the Secretary of the Army on a
study by the Army Corps of Engineers of flood damage
reduction and storm damage prevention at the coastal areas of
Tampa Bay, FL; to the Committee on Public Works and
Transportation.
2648. A letter from the Secretary of Energy, transmitting a
report on the updating of the comprehensive program
management plan; to the Committee on Science, Space, and
Technology.
Para. 14.4 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate disagreed to the amendment of the House to the bill (S.
24) ``An Act to reauthorize the independent counsel law for an
additional 5 years, and for other purposes,'' agreed to the conference
asked by the House on the disagreeing votes of the two Houses thereon,
and appointed Mr. Glenn, Mr. Levin, Mr. Pryor, Mr. Cohen, and Mr.
Stevens to be the conferees on the part of the Senate.
Para. 14.5 bills presented to the president
Mr. ROSE, from the Committee on House Administration, reported that
that committee did on the following date present to the President, for
his approval, bills of the House of the following titles:
February 25, 1994:
H.R. 2339. An Act to revise and extend the programs of the
Technology-Related Assistance for Individuals With
Disabilities Act of 1988, and for other purposes.
H.R. 3617. An Act to amend the Everglades National Park
Protection and Expansion Act of 1989, and for other purposes.
And then,
Para. 14.6 adjournment
On motion of Mr. HORN, pursuant to the special order of February 11,
1994, at 12 o'clock and 41 minutes p.m., the House adjourned until 10:30
a.m., Tuesday, March 1, 1994.
Para. 14.7 subsequent action on a reported bill sequentially referred
Under clause 5 of rule X the following action was taken by the
Speaker:
Referral of H.R. 1593 to the Committee on the Judiciary
extended for a period ending not later than April 15, 1994.
The Committee on the Judiciary discharged from further
consideration of H.R. 3221; H.R. 3221 referred to the
Committee of the Whole House on the State of the Union.
Para. 14.8 public bills and resolutions
Under clause 5 of rule X and clause 4 of the XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. SANTORUM (for himself, Mr. Armey, and Mr.
Duncan):
H.R. 3918. A bill to guarantee individuals and families
continued choice and control over their doctors, hospitals,
and health care services, to secure access to quality health
care for all, to ensure that health coverage is portable and
renewable, to control medical inflation through market
incentives and tax reform, to reform medical malpractice
litigation, and for other purposes; jointly, to the
Committees on Energy and Commerce, Ways and Means, Education
and Labor, the Judiciary, and Rules.
By Mr. BLUTE (by request):
H.R. 3919. A bill to restrict the use of social security
account numbers to purposes related to social security and
other social services; jointly, to the Committees on Ways and
Means and Government Operations.
By Mr. MILLER of California (for himself, Mr. Lehman,
Mr. Sharp, and Mr. DeFazio):
H.R. 3920. A bill to provide for the licensing of all new
Federal nuclear facilities by the Nuclear Regulatory
Commission, and to establish a Federal Nuclear Facilities
Regulatory Review Commission to recommend an approach to
subjecting existing Federal nuclear facilities to independent
regulation: jointly, to the Committees on Natural Resources,
Energy and Commerce, Armed Services, and Science, Space, and
Technology.
By Mr. GOODLATTE:
H.R. 3921. A bill to authorize and request the President to
issue a post-humous commission appointing Johnson Chestnut
Whittaker a second lieutenant in the Army; to the Committee
on Armed Services.
By Mr. CLINGER (for himself and Mr. Rahall):
H. Con. Res. 213. Concurrent resolution expressing the
sense of the Congress that telephone directories within the
eastern and midwestern United States should include
information relating to natural disaster survival techniques;
jointly, to the Committees on Energy and Commerce and Public
Works and Transportation.
Para. 14.9 private bills and resolutions
Under clause 1 of rule XXII,
Mr. MACHTLEY introduced a bill (H.R. 3922) to authorize the
Secretary of Transportation to issue a certificate of
documentation with appropriate endorsement for employment in
the coastwise trade for each of the vessels Shamrock V and
Endeavour; which was referred to the Committee on Merchant
Marine and Fisheries.
Para. 14.10 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 346: Mr. Fish.
H.R. 439: Mr. Frost, Mrs. Fowler, and Mr. Klug.
H.R. 586: Mr. Visclosky.
H.R. 1080: Mr. Regula.
H.R. 1191: Mr. Regula.
H.R. 1957: Mr. Diaz-Balart.
H.R. 2064: Mr. Cramer, Mr. Coleman, Mr. Cox, and Ms.
Woolsey.
H.R. 2079: Mr. Skeen.
H.R. 2135: Mr. Dornan.
H.R. 2147: Mr. DeFazio and Mr. Farr.
H.R. 2544: Ms. Ros-Lehtinen, Mr. Coyne, Mrs. Maloney, Mr.
Pallone, Mr. Saxton, Mr. Kopetski, Mr. Engel, Ms. Lowey, Mr.
Cooper, Mr. Deutsch, Mr. Johnson of South Dakota, Mr. Frost,
Ms. Slaughter, Ms. Molinari, Mr. Wyden, Mr. Sisisky, Mr.
Machtley, and Mr. Lipinski.
H.R. 2671: Mr. Linder
H.R. 2721: Mr. Frost and Mr. Evans.
H.R. 2873: Mr. Kopetski, Mr. Brown of Ohio, Mr. Machtley,
Mr. Kreidler, and Ms. Shepherd.
H.R. 2937: Mr. Knollenberg and Mr. Stenholm.
H.R. 3005: Mr. Moorhead, Mr. Skeen, Mr. Barton of Texas,
Mr. Sam Johnson, and Mr. Combest.
H.R. 3021: Mr. Bliley.
H.R. 3288: Mr. Payne of Virginia.
H.R. 3293: Mrs. Fowler.
H.R. 3417: Mr. Crapo.
H.R. 3421: Mr. Moorhead, Mr. Manzullo, Mr. Gekas, Mr.
Barton of Texas, Mr. Fawell, Mr. Sam Johnson, and Mr. Linder.
H.R. 3527: Ms. Shepherd, Mr. Kennedy, and Mrs. Schroeder.
H.R. 3660: Mr. Wise, Mr. Kim, and Mr. Williams.
[[Page 201]]
H.R. 3771: Mr. Levy, Mr. Hochbrueckner, Ms. Furse, Mr.
Bilbray, Mr. Filner, Mr. Studds, Mr. Lipinski and Mr. Johnson
of South Dakota.
H.R. 3820: Mr. Lipinski, Mr. Whitten, and Mr. McCollum.
H.R. 3827: Ms. Lowey, and Mr. Lipinski.
H.R. 3906: Mr. Brown of Ohio.
H.J. Res. 129: Mr. Regula.
H. Res. 365: Mr. Fawell, Mr. Walsh, and Mr. Schaefer.
.
TUESDAY, MARCH 1, 1994 (15)
The House was called to order by the SPEAKER at 10:30 o'clock a.m.
when pursuant to the order of the House of Friday, February 11, 1994,
Members were recognized for ``morning hour'' debates.
After debate,
Para. 15.1 recess--10:37 a.m.
The SPEAKER pro tempore, Mr. GREEN, pursuant to clause 12 of rule I,
declared the House in recess at 10 o'clock and 37 minutes a.m., until 12
o'clock noon.
Para. 15.2 after recess--12:00 noon
The SPEAKER called the House to order.
Para. 15.3 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Monday, February 28, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 15.4 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2649. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to the Philippines, pursuant
to 12 U.S.C. 635(b)(3)(i); to the Committee on Banking,
Finance and Urban Affairs.
2650. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-186, ``The
Nuclear Disarmament and Economic Conversion Constitutional
Amendment Proposal Act of 1992,'' pursuant to D.C. Code,
section 1-233(c)(1); to the Committee on the District of
Columbia.
2651. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-188,
``Dedication of Land in Square 5338, S.O. 86-24, Act of
1994'', pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on the District of Columbia.
2652. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-189, Cable
Television Communications Act of 1981 Amendment Act of
1994,'' pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on the District of Columbia.
2653. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-190,
``Patient Counseling Amendment Act of 1994,'' pursuant to
D.C. Code, section 1-233(c)(1); to the Committee on the
District of Columbia.
2654. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-191,
``Insurance Omnibus Amendment Act of 1994,'' pursuant to D.C.
Code, section 1-233(c)(1); to the Committee on the District
of Columbia.
2655. A letter from the Chairman, Council of the District
of Columbia, transmitting a
copy of D.C. Act 10-192, ``Closing of a Public Alley in
Square 86, S.O. 92-84, Act of 1994,'' pursuant to D.C. Code,
section 1-233(c)(1); to the Committee on the District of
Columbia.
2656. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-194, ``Motor
Vehicle Biennial Inspection Amendment Act of 1993,'' pursuant
to D.C. Code, section 1-233(c)(1); to the Committee on the
District of Columbia.
2657. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-195, ``St.
Martins Catholic Church Equitable Real Property Tax Relief
Act of 1994,'' pursuant to D.C. Code, section 1-233(c)(1); to
the Committee on the District of Columbia.
2658. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-196, ``Vestry
of the Brookland Parish of the Protestant Episcopal Church of
the Diocese of Washington, D.C. Equitable Real Property Tax
Relief Act of 1994,'' pursuant to D.C. Code, section 1-
233(c)(1); to the Committee on the District of Columbia.
2659. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-197, ``United
House of Prayer Equitable Real Property Tax Relief Act of
1994,'' pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on the District of Columbia.
2660. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-198,
``Property Conveyancing Revision Act of 1994,'' pursuant to
D.C. Code, section 1-233(c)(1); to the Committee on the
District of Columbia.
2661. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-199,
``Cherubim and Seraphim Church Equitable Real Property Tax
Relief Act of 1994,'' pursuant to D.C. Code, section 1-
233(c)(1); to the Committee on the District of Columbia.
2662. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-200, ``Star
of Bethlehem Church Equitable Real Property Tax Relief Act of
1994,'' pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on the District of Columbia.
2663. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-201, ``Health
Care Provider Costs Reimbursement Commitment Temporary
Amendment Act of 1994,'' pursuant to D.C. Code, section 1-
233(c)(1); to the Committee on the District of Columbia.
2664. A letter from the Auditor, District of Columbia,
transmitting a copy of a report entitled, ``Review of Various
Opportunities That Allow Customers to Receive Water and Sewer
Services at a Reduced Rate,'' pursuant to D.C. Code, section
47-117(d); to the Committee on the District of Columbia.
2665. A letter from the Commissioner, Immigration and
Naturalization Service, transmitting a letter expressing the
strong opposition of the Immigration and Naturalization
Service [INS] to the amendment to H.R. 6, which have been
proposed by Congressman Dana Rohrabacher; to the Committee on
Education and Labor.
2666. A letter from the Director, Defense Security
Assistance Agency, transmitting notification of the
Department of the Army's proposed Letter(s) of Offer and
Acceptance [LOA] to United Arab Emirates for defense articles
and services (Transmittal No. 94-17), pursuant to 22 U.S.C.
2776(b); to the Committee on Foreign Affairs.
2667. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting memorandum of
justification for Presidential determination regarding the
draw down of Department of the Treasury funds to support
sanctions enforcement ef-
forts against Serbia-Montenegro, pursuant to Public Law 101-
513, section 547(a) (104 Stat. 2019); to the Committee on
Foreign Affairs.
2668. A letter from the Executive Director, Thrift
Depositor Protection Oversight Board, transmitting a report
of activities under the Freedom of Information Act for
calendar year 1993, pursuant to 5 U.S.C. 552(e); to the
Committee on Government Operations.
2669. A letter from the Chairman, Prospective Payment
Assessment Commission, transmitting the Commission's report
on issues affecting health care delivery in the United
States, pursuant to Public Law 101-508, section 4002(g)(1)(B)
(104 Stat. 1388-36); to the Committee on Ways and Means.
2670. A letter from the Secretary, Department of Health and
Human Services, transmitting the Department's report on
extension of certain Medicare municipal health services
demonstration projects, pursuant to Public Law 101-239,
section 6135 (103 Stat. 2222); jointly, to the Committees on
Ways and Means and Energy and Commerce.
Para. 15.5 notice requirement--consideration of resolution--question of
privileges
Mr. ISTOOK, pursuant to and in accordance with the order of the House
of February 23, 1994, announced his intention to call up on Wednesday,
March 2, 1994, a resolution of the same subject as, but in a different
form than, the resolution (H. Res. 238) calling on the Committee on
Standards of Official Conduct to conduct an investigation into activity
at the House Post Office to determine whether House rules were broken or
whether public funds were embezzled by Members; and,
By unanimous consent, the alternate form was ordered printed in the
Congressional Record.
Para. 15.6 leave of absence
By unanimous consent, leave of absence was granted--
To Mrs. COLLINS of Illinois, for today and balance of the week; and
To Mr. WASHINGTON, for today and balance of the week.
And then,
Para. 15.7 adjournment
On motion of Mr. SWETT, at 2 o'clock and 36 minutes p.m., the House
adjourned.
Para. 15.8 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BAKER of California (for himself, Mr. Doolittle,
and Mr. Levy):
H.R. 3923. A bill to amend the Internal Revenue Code of
1986 to provide tax credits to businesses with employees
performing services in their residences or in telecommuting
centers; to the Committee on Ways and Means.
By Mr. CARR:
H.R. 3924. A bill to amend title 18, United States Code, to
provide enhanced sentences to repeat violent offenders; to
the Committee on the Judiciary.
By Mr. CLYBURN:
H.R. 3925. A bill to authorize and request a posthumous
commission in the Army for Johnson Chesnut Whittaker; to the
Committee on Armed Services.
[[Page 202]]
By Mr. FRANKS of New Jersey (for himself, Mr. Ackerman,
and Mr. Boehner):
H.R. 3926. A bill to authorize funds for emergency road
repairs in response to the severity of the 1993-94 winter,
and for other purposes; to the Committee on Public Works and
Transportation.
By Mr. GLICKMAN (for himself, Mr. Skaggs, and Mr.
Bilbray):
H.R. 3927. A bill to provide for a uniform system for
classifying and declassifying information, and for other
purposes; jointly, to the Committees on Armed Services,
Permanent Select Committee on Intelligence, Rules, and
Government Operations.
By Mr. HERGER:
H.R. 3928. A bill to expand the special program for the
sharing of Forest Service timber sale receipts to include
those counties in which national forests are situated that
are affected by decisions related to the California spotted
owl; to the Committee on Agriculture.
H.R. 3929. A bill to amend titles II and XVI of the Social
Security Act to provide that, for purposes of determining
whether an individual is under a disability, engagement in an
illegal drug-related enterprise demonstrates ability to
engage in substantial gainful activity; to the Committee on
Ways and Means.
H.R. 3930. A bill to identify illegal aliens who consume
scarce health care resources in the United States and who do
not pay for such care and to seek reimbursement for this care
from the home government of the aliens; jointly, to the
Committees on Energy and Commerce, Ways and Means, the
Judiciary, and Foreign Affairs.
By Mr. LANCASTER (for himself, Mr. Rose, Mr. Clayton,
Mr. Price of North Carolina, Mr. Coble, and Mr.
Manton):
H.R. 3931. A bill to amend the Magnuson Fishery
Conservation and Management Act to make North Carolina a
member of the Mid-Atlantic Fishery Management Council; to the
Committee on Merchant Marine and Fisheries.
By Mr. SCHUMER:
H.R. 3932. A bill to amend title 18, United States Code, to
promote the safe use of guns and to reduce gun violence;
jointly, to the Committees on the Judiciary, Ways and Means,
and Energy and Commerce.
By Ms. SLAUGHTER:
H.R. 3933. A bill to amend the Internal Revenue Code of
1986 to provide that distributions from a controlled foreign
corporation to a United States shareholder shall be excluded
from gross income if at least a portion of the distribution
is invested in certain property located in the United States
and in the employment of new employees in the United States;
to the Committee on Ways and Means.
By Mr. SWETT:
H.R. 3934. A bill to amend title 28, United States Code, to
provide that district courts give notice of default judgments
to the parties against whom such judgments are entered; to
the Committee on the Judiciary.
By Mr. BROWN of Ohio (for himself and Mr. Upton):
H. Res 372. Resolution expressing the sense of the House of
Representatives concerning providing as part of health care
reform financial incentives to promote worksite health
promotion programs; jointly, to the Committees on Energy and
Commerce and Education and Labor.
By Mr. GLICKMAN (for himself and Mr. Hansen):
H. Res. 373. Resolution providing for the consideration of
the bill (H.R. 3087), proposing to amend the Federal Aviation
Act of 1958 to establish time limitations on certain civil
actions against aircraft manufacturers, and for other
purposes; to the Committee on Rules.
Para. 15.9 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 123: Mr. McCollum and Mr. Whitten.
H.R. 885: Mr. Boehner, Mr. Boucher, and Mr. Ballenger.
H.R. 1131: Mr. Hefley.
H.R. 1517: Mr. Tucker.
H.R. 1627: Mr. Manzullo.
H.R. 1712: Mr. Rogers, Mr. Dornan, and Mrs. Roukema.
H.R. 1874: Ms. Furse.
H.R. 1980: Mr. Penny, Mr. Hansen, and Mr. Gunderson.
H.R. 1999: Mr. Andrews of New Jersey, Mr. Levy, Mr. Farr,
Mr. Kyl, Mr. Gallegly, and Mr. Taylor of North Carolina.
H.R. 2420: Mr. Filner and Ms. KcKinney.
H.R. 2443: Mr. Sawyer, Mr. Gunderson, Mr. Derrick, Mr.
Ravenel, Mr. Diaz-Balart, Mr. Clement, Mr. Michel, Mr. Miller
of Florida, Mr. Thompson, Mr. Hoyer, Mr. Costello, Ms.
Kaptur, Mr. Sharp, and Mr. Barlow.
H.R. 2671: Mr. Ballenger.
H.R. 2829: Ms. Byrne, Mr. Serrano, Mr. Foglietta, Mr.
Filner, Mrs. Mink of Hawaii, Mrs. Lloyd, Mr. Faleomavaega,
Mr. Kopetski, Mr. Frost, and Ms. Brown of Florida.
H.R. 2859: Mr. McCollum, Mr. Hoekstra, Mr. Whitten, and Mr.
Levy.
H.R. 2882: Mr. Solomon.
H.R. 3021: Mr. Lehman.
H.R. 3023: Mr. Herger, Mr. Collins of Georgia, Mr. Gillmor,
Mr. Bilbray, Mr. Bishop, Mr. Holden, Mr. Stump, Mr. Grandy,
Mr. Gallegly, Mr. Sam Johnson, Mr. Reed, Mr. Calvert, Mr.
Manzullo, Ms. Woolsey, Mr. Gilchrest, Mr. Hamilton, Mr.
Conyers, Mr. Bereuter, Mr. Camp, and Mr. Porter.
H.R. 3246: Mr. Filner, Mr. Gilman, Mr. Hochbrueckner, Mr.
Kasich, Mr. Kopetski, Mr. Sensenbrenner, Mr. Wynn, Mr.
Holden, Mr. Kreidler, Mr. Rahall, Mr. Hobson, Mr. Gordon, Mr.
McHugh, Mr. Sarpalius, Mr. Swift, Mr. Rose, Mr. Emerson, and
Mr. Leach.
H.R. 3293: Mr. Petri.
H.R. 3328: Mr. Lancaster.
H.R. 3367: Mr. Petri, Mrs. Vucanovich, Mr. Dornan, and Mr.
Bachus of Alabama.
H.R. 3404: Mr. Peterson of Minnesota and Mr. Darden.
H.R. 3475: Mr. McNulty, Mr. Shays, Mr. Evans, Mr. Diaz-
Balart, Mrs. Bentley, Mr. Hughes, and Ms. Snowe.
H.R. 3626: Mr. Lazio.
H.R. 3663: Mr. Coleman.
H.R. 3790: Mr. Clyburn.
H.R. 3795: Mr. Levy.
H.R. 3869: Mr. Ortiz and Mr. Torres.
H.J. Res. 9: Mr. Weldon.
H.J. Res 253: Mr. Kasich, Mr. Romero-Barcelo, Mr. Coble,
Mr. Lipinski, Mr. Sawyer, Ms. DeLauro, Mr. Hughes, Mr.
Tejeda, Mr. Deutsch, Mr. McDermott, Mr. Rose, Mr. Bacchus of
Florida, and Mr. Gordon.
H.J. Res. 291: Mr. Lancaster, Ms. Pryce of Ohio, and Mr.
Watt.
H.J. Res. 303; Mr. Bryant, Ms. Woolsey, Mrs. Meek of
Florida, Mr. Klein, Mr. Dreier, Mr. Rose, Mr. Bilirakis, Mr.
Johnston of Florida, Ms. DeLauro, Mr. Lipinski, Mr. Blute,
Mr. Spratt, and Mr. Hall of Texas, Mr. Bliley, Mr. Skeen, Mr.
Linder, Mr. Stearns, Mr. Lewis of Florida, Mr. Whitten, Ms.
Vucanovich, Mr. Evans, Mr. Sandquist, Mr. Pelosi, Mr. Hobson,
Mr. Dornan, Mr. Kaujorski, Mr. Sarpalius, Mr. Richardson, Mr.
Ford of Michigan.
H.J. Res. 310: Mrs. Bentley, Mr. Gallo, Mr. Gilman, Mr.
Baesler, Mr. de la Garza, Mr. Durbin, Mr. Pallone, Mr. Dicks,
Mr. Montgomery, Mr. Gibbons, Mr. McHale, Mr. Coleman, and Mr.
Franks of Connecticut.
H. Con. Res. 122: Mr. Rowland, Mrs. Unsoeld, and Mr. Gene
Green of Texas.
H. Con. Res. 147: Mr. Evans.
H. Res. 238: Mr. McInnis, Mr. Miller of Florida, Mr. Shays,
and Mr. Camp.
.
WEDNESDAY, MARCH 2, 1994 (16)
The House was called to order by the SPEAKER.
Para. 16.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Tuesday, March 1, 1994.
Mr. TRAFICANT, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Mr. TRAFICANT objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
262
When there appeared
<3-line {>
Nays
154
Para. 16.2 [Roll No. 34]
YEAS--262
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Byrne
Callahan
Cantwell
Cardin
Carr
Chapman
Clayton
Clement
Clinger
Clyburn
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Greenwood
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Houghton
Hoyer
Hughes
Hutto
Hyde
Inglis
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kasich
Kennedy
Kennelly
Kildee
Kingston
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCollum
McCrery
McCurdy
[[Page 203]]
McDermott
McHale
McInnis
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Myers
Nadler
Natcher
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Poshard
Price (NC)
Rahall
Ravenel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Schenk
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--154
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Calvert
Camp
Canady
Castle
Clay
Coble
Collins (GA)
Cox
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Huffington
Hunter
Hutchinson
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kim
King
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Machtley
Manzullo
McCandless
McHugh
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Murphy
Nussle
Oxley
Packard
Paxon
Petri
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Saxton
Schaefer
Schroeder
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--17
Andrews (TX)
Brown (CA)
Buyer
Coleman
Collins (IL)
Crane
de la Garza
Fish
Hamburg
Hastings
Inslee
Kaptur
McDade
Rangel
Schiff
Washington
Whitten
So the Journal was approved.
Para. 16.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2671. A letter from the Principal Deputy Under Secretary of
Defense, transmitting notification that the report on the
effects of the post-cold war officers strength reductions on
the officer personnel management system will be sent to the
Congress by early April 1994; to the Committee on Armed
Services.
2672. A letter from the Chairman, National Commission on
Manufactured Housing, transmitting the Commission's interim
report, pursuant to Public Law 101-625, section 943(d)(2)
(104 Stat. 4414; 103 Stat. 1150); to the Committee on
Banking, Finance and Urban Affairs.
2673. A letter from the Transition Manager, U.S. Enrichment
Corporation, transmitting the corporation's annual report for
fiscal year 1993, pursuant to Public Law 102-486, section 901
(106 Stat. 2929); to the Committee on Energy and Commerce.
2674. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting copies of the original
report of political contributions by David M. Ransom, of the
District of Columbia, to be Ambassador to the State of
Bahrain, and members of his family, pursuant to 22 U.S.C.
3944(b)(2); to the Committee on Foreign Affairs.
2675. A communication from the President of the United
States, transmitting further information on the deployment of
United States combat-equipped aircraft to support NATO's
enforcement of the no-fly zone in Bosnia and Herzegovina (H.
Doc. No. 103-213); to the Committee on Foreign Affairs and
ordered to be printed.
2676. A letter from the Director, Office of Public Affairs,
Department of Agriculture, transmitting a report of
activities under the Freedom of Information Act for calendar
year 1993, pursuant to 5 U.S.C. 552; to the Committee on
Government Operations.
2677. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report of
activities under the Freedom of Information Act for calendar
year 1993, pursuant to 5 U.S.C. 552(e); to the Committee on
Government Operations.
2678. A letter from the Federal Housing Finance Board,
transmitting a report of activities under the Freedom of
Information Act for calendar year 1993, pursuant to 5 U.S.C.
552(e); to the Committee on Government Operations.
2679. A letter from the FOIA Officer and General Counsel,
Federal Mediation and Conciliation Service, transmitting a
report of activities under the Freedom of Information Act for
calendar year 1993, pursuant to 5 U.S.C. 552; to the
Committee on Government Operations.
2680. A letter from the Chairman, Board of Governors,
Federal Reserve System, transmitting a report of activities
under the Freedom of Information Act for calendar year 1993,
pursuant to 5 U.S.C. 552(a); to the Committee on Government
Operations.
2681. A letter from the International Boundary and Water
Commission, United States and Mexico, transmitting a report
of activities under the Freedom of Information Act for
calendar year 1993, pursuant to 5 U.S.C. 552(d); to the
Committee on Government Operations.
2682. A letter from the Chairman, National Mediation Board,
transmitting the annual report on activities of the inspector
general for fiscal year 1993, pursuant to Public Law 95-452,
section 5(b) (102 Stat. 2526); to the Committee on Government
Operations.
2683. A letter from the Secretary of Health and Human
Service, transmitting a report of activities under the
Freedom of Information Act for calendar year 1993, pursuant
to 5 U.S.C. 552(e); to the Committee on Government
Operations.
2684. A letter from the Director, U.S. Information Agency,
transmitting a report of activities under the Freedom of
Information Act for calendar year 1993, pursuant to 5 U.S.C.
552(d); to the Committee on Government Operations.
2685. A letter from the Administrator, U.S. Small Business
Administration, transmitting a report of activities under the
Freedom of Information Act for calendar year 1993, pursuant
to 5 U.S.C. 552(a); to the Committee on Government
Operations.
2686. A letter from the Clerk, U.S. House of
Representatives, transmitting the quarterly report of
receipts and expenditures of appropriations and other funds
for the period October 1, 1993 through December 31, 1993,
pursuant to 2 U.S.C. 104a (H. Doc. No. 103-214); to the
Committee on House Administration and ordered to be printed.
2687. A letter from the Assistant Secretary for Land and
Minerals Management, Department of the Interior, transmitting
the Department's notice on leasing systems for the central
Gulf of Mexico, sale 147, scheduled to be held in March 1994,
pursuant to 43 U.S.C. 1337(a)(8); to the Committee on Natural
Resources.
2688. A letter from the Office of the Marshall, Supreme
Court of the United States, transmitting the annual report on
administrative costs of protecting Supreme Court officials,
pursuant to 40 U.S.C. 13n(c); to the Committee on the
Judiciary.
2689. A letter from the Executive Director of Government
Affairs, Non Commissioned Officers Association of the United
States of America, transmitting the annual report of the Non
Commissioned Officers Association of the United States of
America, pursuant to Public Law 100-281, section 13 (100
Stat. 75); to the Committee on the Judiciary.
2690. A letter from the Secretary, Department of
Transportation, transmitting the Department's 1993 annual
report on the recommendations received from the National
Transportation Board regarding transportation safety,
pursuant to 49 U.S.C. app. 1906(b); to the Committee on
Public Works and Transportation.
2691. A letter from the Inspector General, Department of
Commerce, transmitting the Department's report on the
limitation on use of appropriated funds to influence certain
Federal contracting and financial transactions, pursuant to
Public Law 101-121, section 319 (103 Stat. 752); jointly, to
the Committees on Government Operations and Appropriations.
2692. A letter from the Secretary, Department of the
Interior, transmitting certification that lands for the
Central Arizona Project [CAP] has had an adequate soil
survey, land classification has been made, and that the lands
to be irrigated are susceptible to agricultural production by
irrigation, pursuant to 43 U.S.C. 390a; jointly, to the
Committees on Natural Resources and Appropriations.
2693. A letter from the Secretary, Department of Health and
Human Services; transmitting a report on the incidence of
radiation related silicosis and pneumoconiosis in uranium
miners, pursuant to Public Law 101-426, section 12 (104 Stat.
926); jointly, to the Committees on the Judiciary, Energy and
Commerce, and Education and Labor.
2694. A letter from the Secretary of Commerce, transmitting
a draft of proposed legislation entitled, ``Export
Administration Act of 1994''; jointly, to the Committees on
Foreign Affairs; Banking, Finance and Urban Affairs; Ways and
Means; Public Works and Transportation; and the Judiciary.
[[Page 204]]
Para. 16.4 joint referral--executive communication
On motion of Mr. OBEY, by unanimous consent, the Executive
Communication Number 2199, a communication from the Department of State
transmitting a report pursuant to 22 United States Code 2413(a),
relative to allocations of foreign assistance, which had been referred
to the Committee on Appropriations, be jointly referred to the Committee
on Appropriations and the Committee on Foreign Affairs.
Para. 16.5 seismic retrofit of bridges
On motion of Mr. RAHALL, by unanimous consent, the bill of the Senate
(S. 1789) to amend title 23, United States Code, to permit the use of
funds under the highway bridge replacement and rehabilitation program
for seismic retrofit of bridges, and for other purposes; was taken from
the Speaker's table.
When said bill was considered, read twice, ordered to be read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 16.6 america's schools
The SPEAKER pro tempore, Mr. MAZZOLI, pursuant to House Resolution 366
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 6) to extend for six years the authorizations of
appropriations for the programs under the Elementary and Secondary
Education Act of 1965, and for certain other purposes.
The Acting Chairman, Mr. DARDEN assumed the Chair; and after some time
spent therein,
Para. 16.7 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. ROMERO-BARCELO:
Page 106, line 20 before ``the percentage'' insert ``the
greater of''.
Page 106, line 21, after ``sentence'' insert ``and 60
percent for fiscal year 1995, 70 percent for fiscal year
1996, 80 percent for fiscal year 1997. 90 percent for fiscal
year 1998, and 100 percent for fiscal year 1999 and
succeeding fiscal years''.
Page 123, line 15, after ``1.62'' insert ``for fiscal year
1995. 2.0 for fiscal year 1996, 2.33 for fiscal year 1997,
2.67 for fiscal year 1998, and 3.0 for fiscal year 1999 and
succeeding fiscal years''.
It was decided in the
Yeas
70
<3-line {>
negative
Nays
358
Para. 16.8 [Roll No. 35]
AYES--70
Abercrombie
Ackerman
Andrews (ME)
Becerra
Bishop
Clay
Clayton
Clyburn
Conyers
Danner
de Lugo (VI)
Dellums
Deutsch
Diaz-Balart
Engel
Faleomavaega (AS)
Fields (LA)
Filner
Flake
Foglietta
Gonzalez
Green
Gutierrez
Hamburg
Hilliard
Hoyer
Jefferson
Johnson, E. B.
Kennedy
Kopetski
Lewis (GA)
Martinez
McKinney
Meek
Menendez
Mfume
Mink
Murphy
Nadler
Norton (DC)
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Pelosi
Rangel
Reynolds
Richardson
Romero-Barcelo (PR)
Ros-Lehtinen
Roybal-Allard
Schumer
Scott
Serrano
Smith (IA)
Tejeda
Thompson
Torres
Towns
Tucker
Underwood (GU)
Velazquez
Vento
Waters
Watt
Waxman
Woolsey
Wynn
NOES--358
Allard
Andrews (NJ)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clement
Clinger
Coble
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Darden
Deal
DeFazio
DeLauro
DeLay
Derrick
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (TX)
Fingerhut
Fish
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDermott
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meehan
Meyers
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Natcher
Neal (MA)
Neal (NC)
Nussle
Oberstar
Orton
Oxley
Packard
Parker
Paxon
Payne (NJ)
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Rose
Rostenkowski
Roth
Roukema
Rowland
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schroeder
Sensenbrenner
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Thornton
Thurman
Torkildsen
Torricelli
Traficant
Unsoeld
Upton
Valentine
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wheat
Williams
Wilson
Wolf
Wyden
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--10
Andrews (TX)
Collins (IL)
de la Garza
Gallo
Hastings
McDade
Schiff
Washington
Whitten
Wise
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. HOYER, assumed the Chair.
When Mr. DARDEN, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
Para. 16.9 providing for conference on s.636
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-427) the resolution (H. Res. 374) providing for a conference
with the Senate on an amendment of the House to the bill (S. 636) to
amend the Public Health Service Act to permit individuals to have
freedom of access to certain medical clinics and facilities, and for
other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 16.10 privileges of the house--house of representatives post
office
Mr. GEPHARDT, rose to a question of the privileges of the House and
submitted the following privileged resolution (H. Res. 375):
Whereas the House is on notice pursuant to Rule IX that it
may soon consider a proposal to direct the Committee on
Standards of Official Conduct to investigate the former
operations of the House Post Office;
Whereas matters relating to the former operations of the
House Post Office are the subject of an ongoing criminal
investigation by the United States Attorney of the District
of Columbia;
Whereas pursuant to its rules, the Committee on Standards
of Official Conduct traditionally defers inquiry with respect
to a matter that is the subject of an ongoing in-
[[Page 205]]
vestigation by an appropriate law enforcement or regulatory
authority;
Whereas the Committee on Standards of Official Conduct has
on several occasions agreed to defer inquiry with respect to
the former operations of the House Post Office, and has
deferred inquiry in other matters regarding current Members
where investigations by other authorities are proceeding;
Whereas by letters of November 25, 1992, September 9, 1993,
and October 26, 1993, then Assistant Attorney General Lee
Rawls, then United States Attorney J. Ramsey Johnson, and
current United States Attorney Eric Holder, respectively,
requested that the Committee on Standards of Official Conduct
defer any inquiry into the former operations of the House
Post Office and related matters;
Whereas on February 23, 1994, the United States Attorney of
the District of Columbia delivered the following letter to
the Speaker and the Republican Leader:
Department of Justice,
Washington, DC, February 23, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representaties, Washington, DC.
Hon. Robert H. Michel,
Minority Leader, House of Representatives, Washington, DC.
Dear Mr. Speaker and Congressman Michel: I am writing to
express my concern that certain actions reportedly being
considered by the House of Representatives could
significantly damage a criminal investigation being actively
pursued by this Office. Like my two immediate predecessors as
United States Attorney for this District, Jay B. Stephens and
J. Ramsey Johnson, I urge the House to refrain from such
actions, and to affirm the paramount public interest in
permitting the grand jury to determine fairly whether the
criminal laws have been violated, whether by Members of
Congress or others. My request is all the more urgent now, as
this important investigation is in its final stages and will
be concluded in the near future.
As you know, the United States Attorney's Office, in
conjunction with a federal grand jury, has been conducting a
criminal investigation of matters that related originally to
the operation of the House Post Office. That original phase
of the investigation, which has resulted in the criminal
convictions of seven former employees of the House Post
Office and one former congressional aide, reached its most
significant point so far in July 1993, with the guilty plea
of former House Postmaster Robert V. Rota. With the
cooperation of Mr. Rota, the investigation turned to
allegations of criminal conduct by other individuals,
specifically Members of Congress who conducted certain
financial transactions through the House Post Office. This
aspect of the investigation is continuing.
As you also are aware (because of disclosures mandated by
House Rule 50) in the last few months the grand jury's
investigation has expanded to include additional allegations
of criminal misconduct beyond those tied to the House Post
Office, including matters involving the House Finance Office
and the House Office Supply Service (known as the House
Stationery Store). These relatively recent additional
developments are now fully within the purview of the grand
jury's criminal investigation.
It is my understanding, however, that despite the existence
of this active and important criminal investigation, the
House may soon be asked to vote on House Resolution 238. This
resolution would specifically direct the Committee on
Standards of Official Conduct to investigate whether Members
of Congress received cash from the House Post Office.
Inquiry into these matters by a committee of the House
would pose a severe risk to the integrity of the criminal
investigation. Inevitably, any such inquiry would overlap
substantially with the grand jury's activities. Among other
concerns, the House certainly would seek to interview the
same witnesses or subjects who are central to the criminal
investigation. Such interviews could jeopardize the criminal
probe in several respects, including the dangers of
congressional immunity, of Speech-or-Debate issues, and of
unwarranted public disclosure of matters at the core of the
criminal investigation. This inherent conflict would be
greatly magnified by the fact that the House would be
investigating matters that are criminal in nature, and would
be covering essentially the same ground as the grand jury.
This Office had occasion to voice similar concerns during the
operations-and-management review of the House Post Office
that was conducted by a task force of the Committee on House
Administration; yet that review as far more limited in scope,
and far easier to separate from the criminal probe, than the
investigation required by House Resolution 238.
These threats to the grand jury investigation would not be
lessened by the portion of the resolution that would permit
the Committee to defer its inquiry as to any particular
Member, if the Department of Justice stated in writing that
that Member was being investigated. Wholly apart from the
legal issues involved in the Justice Department's identifying
individuals who are under criminal investigation, the idea of
excluding the conduct of one or more identified individuals
from the congressional inquiry does almost nothing to protect
the integrity of the overall criminal investigation. That
investigation encompasses the interrelated conduct of
numerous persons, and cannot be divided and compartmentalized
in such a manner.
I and my predecessors have acknowledged the importance to
the House of its ability to review and police the internal
operations, management, and procedures of congressional
institutions. In particular, we are sensitive to the special
responsibility of the Committee on Standards of Official
Conduct to examine possible violations of House ethical
standards. Nevertheless, it is unquestionably the province of
the grand jury to investigate, without interference, specific
criminal allegations against particular individuals,
regardless of who they may be or to what institution of
government they may belong. Moreover, the vital public
interest in fair and effective law enforcement requires that
any such investigation be shielded vigorously from actions
that might endanger its integrity.
For these reasons, it has been the consistent position of
this Office, throughout the life of the investigation, that
the House should defer its own inquiries until the grand jury
investigation is completed. I make that request of you again
now, in the strongest possible terms. I ask the House of
Representatives to forbear from any proposed actions or
inquiries in the areas covered by the grand jury's ongoing
criminal investigation, both in order to avoid compromising
that investigation at this late stage, and in order to
further the public interest in preserving the fairness,
thoroughness, and confidentiality of the grand jury process.
Thank you for your attention to this important matter.
Eric H. Holder, Jr.,
U.S. Attorney.
Whereas, the House should exercise particular caution so as
not to impede, delay, or otherwise interfere with an ongoing
criminal investigation that may involve its own Members;
Therefore, be it
Resolved, That the House supports the decision of the
Committee on Standards of Official Conduct to defer inquiry
on matters relating to the former operation of the House Post
Office; and be it
Further resolved, That the Committee on Standards of
Official Conduct shall continue to consult with the United
States Attorney and continue to review its decision to defer
inquiry in this matter. At such time as the Committee
determines that a Committee inquiry would no longer interfere
with the criminal investigation, the Committee shall proceed,
pursuant to its rules, with such inquiry as it deems
appropriate.
When said resolution was considered.
After debate,
On motion of Mr. GEPHARDT, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. HOYER, announced that the yeas had it.
Mr. ISTOOK objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
241
When there appeared
<3-line {>
Nays
184
Para. 16.11 [Roll No. 36]
YEAS--241
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Harman
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Markey
Martinez
Matsui
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Natcher
Neal (MA)
Neal (NC)
Oberstar
Obey
[[Page 206]]
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--184
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cooper
Cox
Crane
Crapo
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Machtley
Manzullo
Margolies-Mezvinsky
Mazzoli
McCandless
McCollum
McCrery
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Parker
Paxon
Penny
Peterson (MN)
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Swett
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--8
Andrews (TX)
Collins (IL)
de la Garza
Gallo
Hastings
McDade
Schiff
Washington
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 16.12 messages from the president
Sundry messages in writing from the President of the United States
were communicated to the House by Mr. McCathran, one of his secretaries.
Para. 16.13 privileges of the house
Mr. ISTOOK rose to a question of the privileges of the House and,
pursuant to the order of the House of February 23, 1994, called up the
following resolution (H. Res. 238); as amended:
Whereas, allegations reported in public and made in
official court documents that personnel of the House Post
Office provided illegal cash to certain members in three
ways: (1) cash instead of stamps for official vouchers, (2)
cash for postage stamps which, had earlier been purchased
with official vouchers, and (3) cash for campaign checks;
Whereas, these allegations directly affect the rights of
the House collectively, its safety, dignity, and the
integrity of its proceedings, and the rights, reputation, and
conduct of its Members:
Whereas, Article, I, Section V of the Constitution gives
each House of the Congress responsibility over disorderly
behavior of its Members:
Whereas, the Committee on Standards of Official Conduct has
jurisdiction over the conduct and behavior of current House
Members, Officers, and employees, including investigatory
authority, and is the appropriate body of this House to
conduct any inquiry: Now, therefore, be it
Resolved, That the Committee on Standards of Official
Conduct is instructed to investigate immediately all possible
violations that are related, but not limited to, the
documents received by the Committee on Standards of Official
Conduct from the Committee on House Administration, and the
allegations stated above.
Further resolved, The Committee on Standards of Official
Conduct shall coordinate its investigation with the related
efforts of the Department of Justice so as not to jeopardize
any ongoing criminal investigation.
Further resolved, That in pursuing its investigations, the
Committee on Standards of Official Conduct shall determine
Members, Officers or employees who have violated House rules,
practices and procedures in connection with the House Post
Office.
Further resolved, The Committee shall inform the Department
of Justine regarding the procedures and aspects the Committee
intends to investigate. If the Department of Justice then
responds that a specific matter the Committee intends to
investigate is material to, or subject of an official
investigation, the Committee may defer that inquiry pending
the conclusion of the investigation by the Department of
Justice.
Further resolved, That the Committee on Standards of
Official Conduct shall file a public status report within 60
days of the adoption of the resolution and periodically
thereafter.
When said resolution was considered.
After debate,
Mr. GEPHARDT moved to lay the resolution on the table.
The question being put, viva voce,
Will the House lay the resolution on the table?
The SPEAKER pro tempore, Mr. HOYER, announced that the yeas had it.
Mr. ISTOOK objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
238
When there appeared
<3-line {>
Nays
186
Para. 16.14 [Roll No. 37]
YEAS--238
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Harman
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Houghton
Hoyer
Hughes
Inslee
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
King
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Markey
Martinez
Matsui
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Natcher
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
NAYS--186
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
[[Page 207]]
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cooper
Cox
Crane
Crapo
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson (GA)
Johnson, Sam
Kasich
Kim
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Machtley
Manzullo
Margolies-Mezvinsky
Mazzoli
McCandless
McCollum
McCrery
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Parker
Paxon
Penny
Peterson (MN)
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Swett
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--9
Andrews (TX)
Collins (IL)
de la Garza
Gallo
Hastings
McDade
Schiff
Washington
Yates
So the motion to lay the resolution on the table was agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
Para. 16.15 subpoena
The SPEAKER pro tempore, Mr. ROEMER, laid before the House a
communication, which was read as follows:
House of Representative,
Committee on Agriculture,
Washington, DC, February 28, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that a member of my
Committee staff has been served with a subpoena issued by the
Superior Court for the District of Columbia.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
E (Kika) de la Garza,
Chairman.
Para. 16.16 subpoena
The SPEAKER pro tempore, Mr. ROEMER, laid before the House a
communication, which was read as follows:
Congress of the United States,
House of Representatives,
Washington, DC, March 1, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to rule L (50) of the Rules of the House, that the Custodian
of Records of my office has been served with a subpoena
issued by the United States District Court for the District
of Columbia.
After consultation with the General Counsel to the Clerk, I
have determined that compliance with the subpoena is
consistent with the privileges of the House.
Sincerely yours,
Dan Rostenkowski,
Chairman.
Para. 16.17 message from the president--dot annual report 1992
The SPEAKER pro tempore, Mr. ROEMER, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
In accordance with section 308 of Public Law 97-449 (49 U.S.C.
308(a)), I transmit herewith the Twenty-sixth Annual Report of the
Department of Transportation, which covers fiscal year 1992.
William J. Clinton.
The White House, March 2, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Energy and Commerce, the
Committee on Public Works and Transportation, and the Committee on
Merchant Marine and Fisheries.
Para. 16.18 message from the president--interagency arctic research
The SPEAKER pro tempore, Mr. ROEMER, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
Pursuant to the provisions of section 108(b) of Public Law 98-373 (15
U.S.C. 4107(b)), I transmit herewith the Fifth Biennial Report of the
Interagency Arctic Research Policy Committee (February 1, 1992, to
January 31, 1994).
William G. Clinton.
The White House, March 2, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Science, Space, and Technology.
Para. 16.19 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. SCHIFF, for today and the balance of the week; and
To Mr. McDADE, for today.
And then,
Para. 16.20 adjournment
On motion of Mr. OWENS, at 10 o'clock and 8 minutes p.m., the House
adjourned.
Para. 16.21 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Ms. SLAUGHTER: Committee on Rules. House Resolution 374.
Resolution to request a conference with the Senate on an
amendment of the House to the bill S. 636 (Rept. No. 103-
427). Referred to the House Calendar.
Para. 16.22 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. JACOBS (for himself and Mr. Bunning):
H.R. 3935. A bill to amend title II of the Social Security
Act to establish a continuing disability review account in
the Federal disability insurance trust fund which shall be
available solely for expenditures necessary to carry out
continuing disability reviews; to the Committee on Ways and
Means.
By Mr. DUNCAN (for himself, Mr. Solomon, Mr. Baker of
California, Mr. Canady, Mr. Frost, Mr. Doolittle, Mr.
McHugh, and Mr. Levy):
H.R. 3936. A bill to provide the penalty of death for
federally prescribed kidnappings resulting in the death of a
minor; to the Committee on the Judiciary.
By Mr. GEJDENSON (by request):
H.R. 3937. A bill entitled: ``The Export Administration Act
of 1994''; to the Committee on Foreign Affairs.
By Mr. JACOBS:
H.R. 3938. A bill to provide duty-free privileges to
participants in, and other individuals associated with, the
1994 World Rowing Championships; to the Committee on Ways and
Means.
By Mr. SLATTERY (for himself, Mr. McMillan, and Mr.
Penny):
H.R. 3939. A bill to amend the Public Health Service Act to
eliminate the incentives that lead to increased prices and
utilization of clinical laboratory diagnostic testing
services and other ancillary health services; to the
Committee on Energy and Commerce.
By Ms. WOOLSEY (for herself and Mr. Dickey):
H.R. 3940. A bill to provide funds for postage for mailing
of information on active stranger abduction investigations;
jointly, to the Committees on Post Office and Civil Service,
the Judiciary, and House Administration.
By Mr. ZIMMER (for himself and Mr. Bacchus of Florida):
H.R. 3941. A bill to amend section 207 of title 18, United
States Code, to tighten restrictions on former executive and
legislative branch officials and employees; to the Committee
on the Judiciary.
By Mr. APPLEGATE:
H.R. 3942. A bill to amend the Internal Revenue Code of
1986 to exclude strike benefits from gross income; to the
Committee on Ways and Means.
By Mr. BLUTE:
H.R. 3943. A bill to prevent persons that have drug use or
alcohol use problems from occupying dwelling units in public
housing projects designated for occupancy by elderly
families, and for other purposes; to the Committee on
Banking, Finance and Urban Affairs.
By Mr. LaROCCO (for himself, Mr. Fazio, and Ms. English
of Arizona):
H.R. 3944. A bill to provide for a demonstration program to
develop and implement special management practices for cer-
[[Page 208]]
tain National Forest System lands; jointly, to the Committees
on Natural Resources and Agriculture.
By Mr. GEPHARDT:
H. Res. 375. Resolution relating to a question of the
privileges of the House; considered and agreed to.
By Mr. JOHNSON of South Dakota:
H. Res. 376. Resolution amending the Code of Official
Conduct of the Rules of the House of Representatives to
require that contributions to legal defense funds for the
benefit of Members shall be treated as campaign
contributions; to the Committee on Standards of Official
Conduct.
By Mr. GOSS:
H. Res. 377. Resolution instructing the Committee on the
Budget to make the precise spending cuts set forth in this
resolution to save $285 billion over the next 5 fiscal years
unless the committee determines that any such cuts would be
unjustified; to the Committee on Rules.
Para. 16.23 memorials
Under clause 4 of rule XXII.
292. The SPEAKER presented a memorial of the Senate of the
State of Louisiana, relative to the designation of critical
habitat for the Louisiana black bear in certain portions of
south Louisiana; which was referred to the Committee on
Merchant Marine and Fisheries.
Para. 16.24 private bills and resolutions
Under clause 1 of rule XXII, private bills and resolutions were
introduced and severally referred as follows:
By Mr. PETERSON of Minnesota:
H.R. 3945. A bill providing for a 5-year extension of
patent numbered 4,062,141 (relating to a waterfowl decoy); to
the Committee on the Judiciary.
By Mrs. VUCANOVICH:
H.R. 3946. A bill to require the Secretary of Agriculture
to convey certain lands in Austin, NV, to the Austin Historic
Mining District Historical Society, and for other purposes;
to the Committee on Natural Resources.
Para. 16.25 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 25: Mr. Hoagland.
H.R. 115: Mr. Abercrombie.
H.R. 171: Mr. Ewing.
H.R. 300: Mr. Montgomery and Ms. Furse.
H.R. 302: Mr. Fingerhut, Mrs. Fowler, Mr. Doolittle, Ms.
Lowey, Mr. Barlow, and Mr. Waxman.
H.R. 408: Mrs. Fowler.
H.R. 439: Mr. Levy.
H.R. 455: Mr. Hamburg.
H.R. 476: Mr. Goodling.
H.R. 493: Mr. Bachus of Alabama.
H.R. 494: Mr. Barlow.
H.R. 702: Mr. Condit, Mr. Torkildsen, Mr. Bunning, Mr.
Burton of Indiana, and Mr. Zeliff.
H.R. 703: Mr. Moran.
H.R. 746: Mr. Calvert and Mr. Parker.
H.R. 786: Ms. Pryce of Ohio.
H.R. 885: Mr. Torkildsen and Mr. Stupak.
H.R. 911: Mr. Sangmeister.
H.R. 979: Mr. Wheat.
H.R. 1031: Mr. Pomeroy.
H.R. 1056: Ms. Furse, Mr. Young of Alaska, Mr. Rowland, Mr.
Hall of Texas, Mr. Bishop, and Mr. Filner.
H.R. 1110: Mr. Stump.
H.R. 1168: Mr. Franks of New Jersey, Mr. Bacchus of
Alabama, and Mrs. Meyers of Kansas.
H.R. 1171: Mr. Smith of Iowa and Mr. Costello.
H.R. 1203: Mr. Diaz-Balart.
H.R. 1349: Mr. Goss, Mr. Hayes, and Mr. Canady.
H.R. 1493: Mr. Portman and Ms. Shepherd.
H.R. 1517: Mr. Walsh.
H.R. 1552: Mr. McHugh.
H.R. 1572: Mr. Zimmer.
H.R. 1712: Mr. Mica, Mr. Ballenger, and Mr. Torkildsen.
H.R. 1719: Mr. Walsh and Mr. Hansen.
H.R. 1767: Mrs. Lloyd, Ms. Furse, Mr. Rose, Mr. Evans, Mr.
Rogers, and Mr. Emerson.
H.R. 1886: Mr. Coleman, Mr. Pastor, Mr. Synar, and Mr.
Evans.
H.R. 1986: Mr. Ehlers and Mr. Costello.
H.R. 2019: Ms. Eshoo.
H.R. 2135: Mr. Torkildsen.
H.R. 2153: Mr. Johnston of Florida, Mr. Machtley, and Mr.
Rangel.
H.R. 2293: Ms. Brown of Florida.
H.R. 2444: Mr. Barton of Texas, Mr. Gordon, and Mr. Dornan.
H.R. 2573: Mr. Sanders, Mr. Ramstad, Mr. Engel, Mr. Sawyer,
and Mr. Nadler.
H.R. 2641: Mr. Pastor and Ms. DeLauro.
H.R. 2721: Mr. Hochbrueckner.
H.R. 2826: Ms. Byrne, Ms. Harman, Mr. Shaw, Mr.
Sensenbrenner, Mr. Rangel, Mr. Pastor, Mr. Meehan, Mr. Barca
of Wisconsin, Mr. Fish, Ms. Long, Mr. de Lugo, Mrs. Unsoeld,
Ms. Eddie Bernice Johnson of Texas, Mr. Zeliff, Mr. Cardin,
Mr. Gene Green of Texas, Mr. Moran, Mr. Owens, Ms. DeLauro,
Mr. Gingrich, Mr. Lazio, Mr. Doolittle, and Mr. Rahall.
H.R. 2866: Mr. Rangel, Mr. Flake, Mr. Nadler, and Mr.
Glickman.
H.R. 2896: Mr. Gejdenson, Mr. Solomon, and Mr. Evans.
H.R. 2898: Mr. Farr and Mr. Shepherd.
H.R. 2930: Mr. Evans, Mr. Hinchey, Mrs. Mink of Hawaii, and
Mr. Taylor of Mississippi.
H.R. 2959: Mr. Taylor of North Carolina, Mr. Shaw, Mr.
Solomon, Mr. Istook, Mr. Delay, Mr. Armey, Mr. Herger, and Mr
Stump.
H.R. 3075: Mr. Rush.
H.R. 3105: Mr. Doolittle, Mr. Saxton, and Mr. Delay.
H.R. 3184: Ms. Norton.
H.R. 3245: Mr. Nadler.
H.R. 3251: Mr. Emerson, Mr. Kingston, Mr. Parker, and Mr.
Lewis of Florida.
H.R. 3278: Mr. Vento.
H.R. 3288: Mr. Wolf.
H.R. 3305: Mr. Olver.
H.R. 3328: Mr. Hefley and Mr. Washington.
H.R. 3333: Mr. DeLay.
H.R. 3373: Mr. Ehlers and Mr. Pallone.
H.R. 3374: Mr. Pallone and Mr. Ehlers.
H.R. 3392: Mr. Deal, Ms. Pryce of Ohio, Mr. Ackerman, Mr.
Ramstad, Mr. Sensenbrenner, Mr. Mazzoli, Mr. Wolf, Mr. Ortiz,
and Mr. Schiff.
H.R. 3421: Mr. Pete Geren of Texas, Mr. Combest, and Mr.
Pombo.
H.R. 3424: Mr. Linder, Mr. Coleman, and Ms. Furse.
H.R. 3464: Mr. Moorhead, Mrs. Lloyd, and Mr. Weldon.
H.R. 3513: Mr. Andrews of Maine and Mr. Meehan.
H.R. 3550: Mr. Frost, Mr. Serrano, and Mr. Washington.
H.R. 3572: Mr. Nadler and Mr. Romero-Barcelo.
H.R. 3611: Mr. Waxman.
H.R. 3620: Mr. Ehlers, Mr. Dornan, Mr. Rohrabacher, and Mr.
Kim.
H.R. 3645: Mr. Hansen, Mr. Gekas, and Mr. Miller of
Florida.
H.R. 3685: Mr. DeLay and Mr. McCollum.
H.R. 3706: Ms. McKinney, Mr. Olver, and Mr. Pallone.
H.R. 3743: Mr. Mann, Ms. Eddie Bernice Johnson of Texas,
and Mr. Pastor.
H.R. 3757: Mr. Ehlers.
H.R. 3808: Mr. Sanders
H.R. 3814: Mr. Ewing, Mr. Solomon, Mr. Smith of Michigan,
Mr. Talent, Mr. Petri, Mr. Lewis of Florida, Mr. Dornan, Mr.
Rogers, Mrs. Roukema, Mr. Boehner, Mr. Mica, and Mr.
Ballenger.
H.R. 3838: Mr. Neal of Massachusetts and Mr. Foglietta.
H.R. 3849: Mr. Barton of Texas.
H.R. 3860: Mr. Dornan, Mr. Pombo, and Mr. Saxton.
H.R. 3866: Mr. Evans, Mr. Frost, Mrs. Collins of Illinois,
Mr. Wilson, Mr. Barca of Wisconsin, and Mrs. Meek of Florida.
H.R. 3876: Mr. Gekas.
H.R. 3877: Mr. Frost.
H.R. 3878: Mr. Klein and Ms. Eddie Bernice Johnson of
Texas.
H.R. 3880: Mrs. Vucanovich, Mr. Livingston, Mr. Rogers, and
Mr. Goss.
H.R. 3900: Mr. Carr and Mr. Payne of Virginia.
H.R. 3905: Mr. Wyden.
H.R. 3916: Mr. Franks of New Jersey and Mr. Klink.
H.R. 3927: Mr. Laughlin and Ms. Pelosi.
H.J. Res. 9: Mr. Taylor of North Carolina and Mr. Dreier.
H.J. Res. 113: Ms. Eddie Bernice Johnson of Texas.
H.J. Res. 117: Mr. Pomeroy.
H.J. Res. 209: Mr. Lantos and Mr. Gunderson.
H.J. Res. 233: Mr. Gallo and Mr. Borski.
H.J. Res. 278: Mr. Farr, Mrs. Bentley, Mr. Fish, Mr.
Hilliard, Ms. Velazquez, Mrs. Roukema, Mr. Saxton, Mr. Wolf,
Mr. Klein, and Ms. Brown of Florida.
H.J. Res. 297: Mr. Parker, Mr. Klein, and Mr. Gordon.
H.J. Res. 310: Mr. Vento, Mr. Pastor, Mr. Clay, Mr.
Ravenel, Mr. Hefner, Mr. Cramer, Mr. Faleomavaega, Mr.
Gallegly, Mr. Talent, Mr. Hinchey, Mr. Ackerman, and Mr.
Brewster.
H.J. Res. 322: Mr. Borski, Ms. Pelosi, Mr. Hochbrueckner,
Mr. Kasich, Mr. Volkmer, Mr. Gallo, Mr. Lipinski, Mr. Walsh,
Mr. Barrett of Nebraska, Mr. Evans, Mr. Bliley, Mrs. Morella,
Mr. Hughes, Mr. Dingell, Mr. Bevill, Mr. Faleomavaega, Mr.
Waxman, Mr. Bereuter, Mr. Sabo, and Mr. Andrews of Maine.
H.J. Res. 328: Mr. Kasich, Mr. Faleomavaega, Mr. McNulty,
Mr. Waxman, Mr. Klein, Mr. Borski, Mr. Quinn, Mr. Blute, and
Mr. Frost.
H. Con. Res. 35: Ms. Eddie Bernice Johnson of Texas and Mr.
Montgomery.
H. Con. Res. 47 Mr. Pomeroy.
H. Con. Res. 91: Mr. Bonior.
H. Con. Res. 152: Mr. Ridge, Mr. McCurdy, and Mr. Smith of
New Jersey.
H. Con. Res. 154: Mr. Rohrabacher, Mr. Sanders, Mr. Hughes,
Ms. Woolsey, Mr. Barrett of Wisconsin, Mrs. Meyers of Kansas,
Mr. Hinchey, Mr. Torkildsen, Mr. Miller of California, Ms.
Ros-Lehtinen, Mr. Klein, and Mr. Murphy.
H. Con. Res. 166: Mr. Bilbray, Mrs. Meyers of Kansas, Mr.
Penny, and Mr. Hastings.
H. Con. Res. 173: Mr. Rangel, Mr. Hughes, Mr. Ehlers, Mr.
Canady, Mr. Ford of Michigan, Ms. Snowe, Ms. McKinney, and
Mr. Volkmer.
H. Con. Res. 176: Mr. Fazio.
H. Con. Res. 199: Mr. Skelton, Mr. Walsh, Mr. Menendez, Mr.
Gekas, Mr. Faleomavaega, Mr. Parker, Mr. Yates, and Mr. Mann.
H. Con. Res. 201: Mr. Gilchrest, Mr. Porter, Mr. Bachus of
Alabama, Mr. Darden, Mr. Walsh, and Mr. Gekas.
H. Con. Res. 202: Mr. Upton, Mr. Nadler, Ms. Woolsey, Ms.
Furse, and Mrs. Mink of Hawaii.
H. Con. Res. 210: Mr. Schumer, Mr. Gekas, Ms. Lowey, Mr.
Torkildsen, Mr. Meehan, Mr. Frank of Massachusetts, and Mr.
Horn.
[[Page 209]]
H. Res. 238: Mr. Saxton.
H. Res. 255: Mr. Ridge, Mr. Pomeroy, Mr. Kingston, Mr.
Armey, Mr. Barrett of Wisconsin, Mr. Swett, Mr. Portman, Mr.
McCollum, Mr. Dornan, Mr. Bonilla, and Mr. DeFazio.
H. Res. 362: Mr. Evans, Mr. Hughes, and Mr. Klein.
H. Res. 365: Mr. Bunning and Mr. Torkildsen.
Para. 16.26 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 3421: Mr. Greenwood.
.
THURSDAY, MARCH 3, 1994 (17)
The House was called to order by the SPEAKER.
Para. 17.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Wednesday, March 2, 1994.
Mr. TRAFICANT, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Mr. TRAFICANT objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
250
When there appeared
<3-line {>
Nays
153
Para. 17.2 [Roll No. 38]
YEAS--250
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Barton
Bateman
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Greenwood
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hayes
Hefner
Hinchey
Hoagland
Hochbrueckner
Holden
Houghton
Hoyer
Hughes
Hutto
Hyde
Inglis
Inslee
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kingston
Kleczka
Klein
Klink
Kopetski
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Porter
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rowland
Roybal-Allard
Rush
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schumer
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--153
Allard
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clay
Coble
Collins (GA)
Cox
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Ewing
Fawell
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Gunderson
Hancock
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Huffington
Hunter
Hutchinson
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kim
King
Klug
Knollenberg
Kolbe
Kreidler
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Machtley
Manzullo
McCandless
McCollum
McHugh
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Murphy
Nussle
Packard
Paxon
Petri
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schroeder
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--30
Andrews (TX)
Archer
Bonior
Brown (CA)
Collins (IL)
Crane
de la Garza
Fields (TX)
Fish
Ford (MI)
Gallo
Green
Hansen
Hastings
Hilliard
Jefferson
Livingston
McCrery
McDade
McInnis
Moran
Natcher
Owens
Rostenkowski
Sabo
Schiff
Scott
Torkildsen
Washington
Whitten
So the Journal was approved.
Para. 17.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2695. A letter from the Secretary of Agriculture,
transmitting a draft of proposed legislation entitled,
``Federal Crop Insurance Reform Act of 1994''; to the
Committee on Agriculture.
2696. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-204, ``Board
of Education of the Baltimore Annual Conference of the United
Methodist Church, Inc., Equitable Real Property Tax Relief
Act of 1994,'' pursuant to D.C. Code, section 1-233(c)(1); to
the Committee on the District of Columbia.
2697. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-205,
``Financial Administration Revision and Clarification Act of
1994,'' pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on the District of Columbia.
2698. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on Foreign Affairs.
2699. A letter from the General Counsel, Federal Emergency
Management Agency, transmitting a report of activities under
the Freedom of Information Act for calendar year 1993,
pursuant to 5 U.S.C. 552(d); to the Committee on Government
Operations.
2700. A letter from the Chair, Federal Energy Regulatory
Commission, transmitting a report of activities under the
Freedom of Information Act for calendar year 1993, pursuant
to 5 U.S.C. 552(d); to the Committee on Government
Operations.
2701. A letter from the Acting Director of Communications
and Legislative Affairs, U.S. Equal Employment Opportunity
Commission, transmitting a report of activities under the
Freedom of Information Act for calendar year 1993, pursuant
to 5 U.S.C. 552; to the Committee on Government Operations.
Para. 17.4 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate disagreed to the amendment of the House to the amendment
of the Senate to the bill (H.R. 1804) ``An Act to improve learning and
teaching by providing a national framework for education reform; to
promote the research, consensus building, and systemic changes needed to
ensure equitable educational opportunities and high levels of
educational achievement for all American students; to provide a
framework for reauthorization of all Federal education programs; to
promote the development and adoption of a voluntary national system of
skill standards and certifications; and for other purposes,'' agreed to
a conference asked by the
[[Page 210]]
House on the disagreeing votes of the two Houses thereon, and appointed
Mr. Kennedy, Mr. Pell, Mr. Metzenbaum, Mr. Simon, Mr. Dodd, Mr. Harkin,
Ms. Mikulski, Mr. Bingaman, Mr. Wellstone, Mr. Wofford, Mrs. Kassebaum,
Mr. Jeffords, Mr. Coats, Mr. Gregg, Mr. Thurmond, Mr. Hatch and Mr.
Durenberger, to be the conferees on the part of the Senate.
The message also announced that the Senate had passed a bill of the
following title, in which the concurrence of the House is requested:
S. 1560. An Act to establish the Social Security
Administration as an independent agency, and for other
purposes.
Para. 17.5 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. McCathran, one of his secretaries.
Para. 17.6 message from the president--national emergency with respect
to iraq
The SPEAKER pro tempore, Mr. VISCLOSKY, laid before the House a
message from the President, which was read as follows:
To the Congress of the United States:
I hereby report to the Congress on the developments since my last
report of August 2, 1993, concerning the national emergency with respect
to Iraq that was declared in Executive Order No. 12722 of August 2,
1990. This report is submitted pursuant to section 401(c) of the
National Emergencies Act, 50 U.S.C. 1641(c), and section 204(c) of the
International Emergency Economic Powers Act, 50 U.S.C. 1703(c).
Executive Order No. 12722 ordered the immediate blocking of all
property and interests in property of the Government of Iraq (including
the Central Bank of Iraq), then or thereafter located in the United
States or within the possession or control of a U.S. person. That order
also prohibited the importation into the United States of goods and
services of Iraqi origin, as well as the exportation of goods, services,
and technology from the United States to Iraq. The order prohibited
travel-related transactions to or from Iraq and the performance of any
contract in support of any industrial, commercial, or governmental
project in Iraq. U.S. persons were also prohibited from granting or
extending credit or loans to the Government of Iraq.
The foregoing prohibitions (as well as the blocking of Government of
Iraq property) were continued and augmented on August 9, 1990, by
Executive Order No. 12724, which was issued in order to align the
sanctions imposed by the United States with United Nations Security
Council Resolution No. 661 of August 6, 1990.
Executive Order No. 12817 was issued on October 21, 1992, to implement
in the United States measures adopted in United Nations Security Council
Resolution No. 778 of October 2, 1992. Resolution 778 requires U.N.
member states temporarily to transfer to a U.N. escrow account up to
$200 million apiece in Iraqi oil sale proceeds paid by purchasers after
the imposition of U.N. sanctions on Iraq. These funds finance Iraq's
obligations for U.N. activities with respect to Iraq, such as expenses
to verify Iraqi weapons destruction and to provide humanitarian
assistance in Iraq on a nonpartisan basis. A portion of the escrowed
funds will also fund the activities of the U.N. Compensation Commission
in Geneva, which will handle claims from victims of the Iraqi invasion
of Kuwait. The funds placed in the escrow account are to be returned,
with interest, to the member states that transferred them to the United
Nations, as funds are received from future sales of Iraqi oil authorized
by the U.N. Security Council. No member state is required to fund more
than half of the total contributions to the escrow account.
This report discusses only matters concerning the national emergency
with respect to Iraq that was declared in Executive Order No. 12722 and
matters relating to Executive Orders Nos. 12724 and 12817. The report
covers events from August 2, 1993, through February 1, 1994.
1. During the reporting period, there were technical amendments to the
Iraqi Sanctions Regulations relating to notification of transfers into
blocked accounts and registration of persons holding blocked property,
58 Fed. Reg. 47643 (September 10, 1993). A copy of the amendments is
attached for reference.
2. Investigations of possible violations of the Iraqi sanctions
continue to be pursued and appropriate enforcement actions taken. These
are intended to deter future activities in violation of the sanctions.
Additional civil penalty notices were prepared during the reporting
period for violations of the International Emergency Economic Powers Act
and Iraqi Sanctions Regulations with respect to transactions involving
Iraq. Three penalties totaling nearly $54,000 were collected from
three banks for violation of the prohibitions against funds transfers
to Iraq, and noncompliance with reporting requirements and an Office of
Foreign Assets Control directive license.
3. Investigation also continues into the roles played by various
individuals and firms outside Iraq in the Iraqi government procurement
network. These investigations may lead to additions to the Office of
Foreign Assets Control's listing of individuals and organizations
determined to be Specially Designated Nationals of the Government of
Iraq.
4. Pursuant to Executive Order No. 12817 implementing United Nations
Security Council Resolution No. 778, on October 26, 1992, the Office of
Foreign Assets Control directed the Federal Reserve Bank of New York to
establish a blocked account for receipt of certain post-August 6, 1990,
Iraqi oil sales proceeds, and to hold, invest, and transfer these funds
as required by the order. On July 20, 1993, following payments by the
Governments of Saudi Arabia and Denmark of, respectively $40,589,419.00
and $674,360.00, to the special United Nations-controlled account,
entitled United Nations Security Council Resolution No. 778 Escrow
Account, the Federal Reserve Bank of New York was directed to transfer
a corresponding amount of $41,263,779.00 from the blocked account it
holds to the United Nations-controlled account. Similarly, on August 2,
1993, following the payment of $1,765,138.33 by the Government of the
United Kingdom, the Federal Reserve Bank of New York was directed to
transfer a corresponding amount of $1,765,138.33 to the United Nations-
controlled account; on September 11, 1993, following payments of
$1,547,054.35 by the Government of Canada, $276,000.00 by the
Government of Greece, $3,196,897.72 from the Commission of the European
Community, and $1,006,614.89 from the Government of Denmark, the
Federal Reserve Bank of New York was directed to transfer a
corresponding amount of $6,026,566.96 to the United Nations-controlled
account; and on December 15, 1993, following payments of $5,223,880.60
by the Government of the United Kingdom, $621,426.80 by the Government
of Germany, and $1,219,941.98 from the Government of the Netherlands,
the Federal Reserve Bank of New York was directed to transfer a
corresponding amount of $7,065,249.38 to the United Nations-controlled
account. Total transfers from the blocked Federal Reserve Bank of New
York account since issuance of Executive Order No. 12817 have amounted
to $107,613,270.99 of the $200 million for which the United States is
potentially obligated, on a matching basis, pursuant to United Nations
Security Council Resolution No. 778.
5. Since the last report, there have been developments in one case.
In Campia et al. v. Newcomb et al., a settlement was entered into by
the parties addressing payment of back rent to the landlord and return
to the landlord of premises leased by the Matrix Churchill Corporation.
To implement the settlement, certain blocked property owned by Matrix
Churchill was sold, with the proceeds placed in a blocked account.
Matrix Churchill's remaining property and records were placed in secure
storage.
6. The Office of Foreign Assets Control has issued a total of 444
specific licenses regarding transactions pertaining to Iraq or Iraqi
assets since August 1990. Since my last report, 53 specific licenses
have been issued. Licenses were issued for transactions such as the
filing of legal actions against Iraqi governmental entities, for legal
representation of Iraq, and the exportation to Iraq of donated
medicine, medical supplies, and food intended for humanitarian relief
purposes, the execution of powers of attorney relating to the
administration of personal assets and decedents' estates in Iraq, and
the protection of pre-existent intellectual property rights in Iraq.
7. The expenses incurred by the Federal Government in the 6 month
period from August 2, 1993, through February
[[Page 211]]
1, 1994, that are directly attributable to the exercise of powers and
authorities conferred by the declaration of a national emergency with
respect to Iraq are reported at about $3.1 million, most of which
represents wage and salary costs for Federal personnel. Personnel costs
were largely centered in the Department of the Treasury (particularly
in the Office of Foreign Assets Control, the U.S. Customs Service, the
Office of the Assistant Secretary for Enforcement, and the Office of
the General Counsel), the Department of State (particularly the Bureau
of Economic and Business Affairs, the Bureau of Near East and South
Asian Affairs, the Bureau of International Organizations, and the
Office of the Legal Adviser), and the Department of Transportation
(particularly the U.S. Coast Guard).
8. The United States imposed economic sanctions on Iraq in response
to Iraq's invasion and illegal occupation of Kuwait, a clear act of
brutal aggression. The United States, together with the international
community, is maintaining economic sanctions against Iraq because the
Iraqi regime, despite international will, has failed to comply fully
with United Nations Security Council resolutions. Security Council
resolutions on Iraq call for the elimination of Iraqi weapons of mass
destruction, the inviolability of the Iraq-Kuwait boundary, the release
of Kuwaiti and other third-country nationals, compensation for victims
of Iraqi aggression, long-term monitoring of weapons of mass
destruction capabilities, the return of Kuwaiti assets stolen during
Iraq's illegal occupation of Kuwait, renunciation of terrorism, an end
to internal Iraqi repression of its own civilian population, and the
facilitation of access of international relief organizations to all
those in need in all parts of Iraq. Nonetheless, we see a pattern of
defiance: repeated public claims to Kuwait, sponsorship of terrorism,
incomplete declarations to weapons inspectors, and ongoing widespread
human rights violations, among other things. The U.N. sanctions remain
in place; the United States will continue to enforce those sanctions
under domestic authority.
The Baghdad government continued to violate basic human rights by
repressing the Iraqi civilian population and depriving it of
humanitarian assistance. For more than 2 years, Baghdad has maintained
a complete blockade of food, fuel, and medicine on northern Iraq. The
Iraqi military routinely harasses residents of the north, and has
attempted to ``Arabize'' Kurdish, Turcoman, and Assyrian areas in the
north. Iraq continues to launch artillery attacks against civilian
population centers in the south, and its efforts to drain the southern
marshes have forced thousands to flee to neighboring States.
In 1991, the United Nations Security Council adopted Resolutions 706
and 712 that permit Iraq to sell up to $1.6 billion of oil under U.N.
auspices to fund the provision of food, medicine, and other
humanitarian supplies to the people of Iraq. Under the U.N.
resolutions, the equitable distribution within Iraq of this assistance
would be supervised and monitored by the United Nations. The Iraqi
regime so far has refused to accept these resolutions and has thereby
chosen to perpetuate the suffering of its civilian population. In
October 1993, the Iraqi government informed the United Nations that it
would not implement Resolutions 706 and 712.
The policies and actions of the Saddam Hussein regime continue to
pose an unusual and extraordinary threat to the national security and
foreign policy of the United States, as well as to regional peace and
security. Because of Iraq's failure to comply fully with United Nations
Security Council resolutions, the United States will continue to apply
economic sanctions to deter Iraq from threatening peace and stability
in the region, and I will continue to report periodically to the
Congress on significant developments, pursuant to 50 U.S.C. 1703(c).
William J. Clinton.
The White House, March 3, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Foreign Affairs and ordered to
be printed (H. Doc. 103-215).
Para. 17.7 america's schools
The SPEAKER pro tempore, Mr. VISCLOSKY, pursuant to House Resolution
366 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the further consideration
of the bill (H.R. 6) to extend for six years the authorizations of
appropriations for the programs under the Elementary and Secondary
Education Act of 1965, and for certain other purposes.
Mr. HUGHES, Acting Chairman, assumed the chair; and after some time
spent therein,
Para. 17.8 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. ROMERO-BARCELO:
Page 123, line 15, strike ``1.62'' and insert ``2.5''.
It was decided in the
Yeas
76
<3-line {>
negative
Nays
340
Para. 17.9 [Roll No. 39]
AYES--76
Abercrombie
Ackerman
Andrews (ME)
Becerra
Bishop
Blackwell
Clay
Clayton
Clyburn
Collins (MI)
Conyers
de Lugo (VI)
Deutsch
Diaz-Balart
Engel
Faleomavaega (AS)
Fazio
Fields (LA)
Filner
Flake
Foglietta
Frank (MA)
Gekas
Gonzalez
Gutierrez
Hamburg
Hilliard
Jefferson
Johnson, E. B.
Kennedy
Kennelly
Lewis (GA)
Manton
McDermott
McKinney
Menendez
Mfume
Mink
Mollohan
Murphy
Nadler
Norton (DC)
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Rangel
Reynolds
Richardson
Romero-Barcelo (PR)
Ros-Lehtinen
Roybal-Allard
Rush
Schumer
Scott
Serrano
Smith (IA)
Stark
Stokes
Tejeda
Thompson
Torres
Underwood (GU)
Unsoeld
Velazquez
Vento
Waters
Watt
Wheat
Woolsey
Wynn
Young (AK)
NOES--340
Allard
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clement
Clinger
Coble
Coleman
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Cunningham
Danner
Darden
Deal
DeFazio
DeLauro
DeLay
Derrick
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fields (TX)
Fish
Ford (MI)
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manzullo
Margolies-Mezvinsky
Markey
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meehan
Meek
Meyers
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Moakley
Molinari
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Neal (MA)
Neal (NC)
Nussle
Oberstar
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Rose
Roth
Roukema
Rowland
[[Page 212]]
Royce
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schroeder
Sensenbrenner
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaugther
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Thurman
Torkildsen
Torricelli
Traficant
Tucker
Upton
Valentine
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waxman
Weldon
Whitten
Williams
Wilson
Wise
Wolf
Wyden
Yates
Young (FL)
Zeliff
Zimmer
NOT VOTING--22
Andrews (NJ)
Andrews (TX)
Bonior
Collins (IL)
Crapo
de la Garza
Dellums
Fingerhut
Ford (TN)
Gallo
Green
Hastings
Houghton
Martinez
McDade
Natcher
Rostenkowski
Schiff
Sharp
Thornton
Towns
Washington
So the amendment was not agreed to.
After some further time,
Para. 17.10 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. BOEHNER:
Beginning on page 190, strike line 1 and all that follows
through line 13 on page 194 (and redesignate the subsequent
sections accordingly).
It was decided in the
Yeas
128
<3-line {>
negative
Nays
287
Para. 17.11 [Roll No. 40]
AYES--128
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bilbray
Bliley
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Canady
Cardin
Castle
Clinger
Coble
Collins (GA)
Combest
Condit
Cox
Crane
Crapo
Cunningham
Deal
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Emerson
Fawell
Fields (TX)
Fingerhut
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Geren
Gingrich
Glickman
Goodlatte
Goss
Grams
Greenwood
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Johnson, Sam
Kanjorski
King
Kingston
Knollenberg
Kolbe
Kyl
Lehman
Lewis (FL)
Linder
Livingston
McCollum
McCrery
McHugh
McInnis
McKeon
McMillan
Mica
Miller (FL)
Minge
Moorhead
Myers
Nussle
Oxley
Packard
Paxon
Penny
Peterson (MN)
Petri
Pombo
Portman
Pryce (OH)
Quillen
Ramstad
Ravenel
Roberts
Rohrabacher
Roth
Roukema
Royce
Santorum
Schaefer
Sensenbrenner
Shaw
Shuster
Smith (MI)
Smith (OR)
Smith (TX)
Solomon
Stearns
Stenholm
Stump
Talent
Thomas (CA)
Thomas (WY)
Walker
Weldon
Zeliff
Zimmer
NOES--287
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilirakis
Bishop
Blackwell
Blute
Boehlert
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Calvert
Camp
Cantwell
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fazio
Fields (LA)
Filner
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodling
Gordon
Grandy
Gunderson
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hutto
Inslee
Istook
Jacobs
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Kasich
Kennedy
Kennelly
Kildee
Kim
Kleczka
Klein
Klink
Klug
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Levin
Levy
Lewis (CA)
Lewis (GA)
Lightfoot
Lipinski
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pickle
Pomeroy
Porter
Poshard
Price (NC)
Quinn
Rahall
Rangel
Reed
Regula
Reynolds
Richardson
Ridge
Roemer
Rogers
Ros-Lehtinen
Rose
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Saxton
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spence
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
NOT VOTING--18
Andrews (TX)
Bonior
Collins (IL)
de la Garza
Gallo
Green
Hastings
Jefferson
Johnston
Kaptur
Laughlin
McDade
Michel
Natcher
Rostenkowski
Schiff
Taylor (NC)
Washington
So the amendment was not agreed to.
After some further time,
Para. 17.12 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. ROHRABACHER:
Page 25, after line 18, insert the following:
``SEC. 1003. REPORTING REQUIREMENTS.
``None of the funds authorized in section 1002 shall be
made available to a local educational agency unless--
``(1) such agency, beginning on October 1, 1994, and
continuing on or before such date in each subsequent year,
submits to the Assistant Secretary of Education for
Elementary and Secondary Education, a statement regarding the
total number of students enrolled in its school system, the
number of students enrolled who are not lawfully in the
United States, the number of students who are lawfully in the
United States who do not have at least 1 parent or legal
guardian who is lawfully in the United States, and the
average per pupil expenditure of the local educational
agency.
``(2) The data submitted under paragraph (1) shall be
current as of any date in the 30-day period prior to the date
that the Assistant Secretary requires.''
It was decided in the
Yeas
78
<3-line {>
negative
Nays
329
Para. 17.13 [Roll No. 41]
AYES--78
Archer
Armey
Baker (CA)
Baker (LA)
Ballenger
Bartlett
Bereuter
Boehner
Bunning
Burton
Buyer
Callahan
Coble
Collins (GA)
Combest
Cox
Crapo
Cunningham
Deal
DeLay
Doolittle
Dornan
Dreier
Duncan
Dunn
Everett
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gingrich
Goodlatte
Goss
Grams
Hancock
Hastert
Herger
Hunter
Istook
Johnson, Sam
Kim
Kingston
Linder
McCandless
McCollum
McHugh
McInnis
Meyers
Mica
Michel
Miller (FL)
Molinari
Myers
Oxley
Packard
Paxon
Petri
Pombo
Ravenel
Rogers
Rohrabacher
Roth
Royce
Schaefer
Sensenbrenner
Shaw
Shuster
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stump
Walker
Zeliff
Zimmer
NOES--329
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Bacchus (FL)
Bachus (AL)
Baesler
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Barton
Becerra
Beilenson
Bentley
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Blute
Boehlert
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Crane
Danner
[[Page 213]]
Darden
de Lugo (VI)
DeFazio
DeLauro
Derrick
Deutsch
Diaz-Balart
Dickey
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Ewing
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Glickman
Gonzalez
Goodling
Gordon
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hansen
Hayes
Hefley
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Jacobs
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
King
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCrery
McCurdy
McDermott
McHale
McKeon
McKinney
McMillan
Meek
Menendez
Mfume
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quinn
Rahall
Ramstad
Rangel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Snowe
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Tejeda
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
NOT VOTING--31
Andrews (TX)
Applegate
Bateman
Bliley
Clinger
Collins (IL)
de la Garza
Dellums
Dicks
Furse
Gallo
Grandy
Green
Greenwood
Harman
Hastings
Jefferson
Johnson (CT)
Laughlin
McDade
McNulty
Meehan
Miller (CA)
Natcher
Quillen
Rostenkowski
Schiff
Taylor (NC)
Thomas (CA)
Vucanovich
Washington
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. RANGEL, assumed the Chair.
When Mr. VALENTINE, Acting Chairman, reported that the Committee,
having had under consideration said bill, had come to no resolution
thereon.
Para. 17.14 message from the president
A further message in writing from the President of the United States
was communicated to the House by Mr. McCathran, one of his secretaries.
Para. 17.15 adjournment over
On motion of Mr. DARDEN, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 12
o'clock noon on Monday, March 7, 1994.
Para. 17.16 calendar wednesday business dispensed with
On motion of Mr. DARDEN, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, March
9, 1994, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
Para. 17.17 message from the president--ukraine gsp
The SPEAKER pro tempore, Mr. RANGEL, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
I am writing to inform you of my intent to add Ukraine to the list of
beneficiary developing countries under the Generalized System of
Preferences (GSP). The GSP program offers duty-free access to the U.S.
market and is authorized by the Trade Act of 1974.
I have carefully considered the criteria identified in sections 501
and 502 of the Trade Act of 1974. In light of these criteria, and
particularly Ukraine's level of development and initiation of economic
reforms, I have determined that it is appropriate to extend GSP benefits
to Ukraine.
This notice is submitted in accordance with section 502(a)(1) of the
Trade Act of 1974.
William J. Clinton.
The White House, March 3, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Ways and Means and ordered to
be printed (H. Doc. 103-216).
Para. 17.18 senate enrolled bill signed
The SPEAKER announced his signature to an enrolled bill of the Senate
of the following title:
S. 1789. An Act to amend title 23, United States Code, to
permit the use of funds under the highway bridge replacement
and rehabilitation program for seismic retrofit of bridges,
and for other purposes.
Para. 17.19 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. McNULTY, for today after 3 p.m.; and
To Mr. McDADE, for today.
And then,
Para. 17.20 adjournment
On motion of Mr. COLLINS of Georgia, pursuant to the special order
heretofore agreed to, at 6 o'clock and 5 minutes p.m., the House
adjourned until 12 o'clock noon on Monday, March 9, 1994.
Para. 17.21 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Ms. LAMBERT (for herself, Mr. Slattery, Mr. Brown of
Ohio, Mr. Bachus of Alabama, and Mr. Kennedy):
H.R. 3947. A bill to amend title XIX of the Social Security
Act to treat certain clinics operated by children's hospitals
as federally qualified health centers under the Medicaid
Program; to the Committee on Energy and Commerce.
By Mr. MINETA (for himself and Mr. Boehlert):
H.R. 3948. A bill to amend the Federal Water Pollution
Control Act; to the Committee on Public Works and
Transportation.
By Mr. BATEMAN:
H.R. 3949. A bill entitled ``The Firefighter and Rescue
Squad Worker Act''; to the Committee on Education and Labor.
By Mr. GEPHARDT (for himself, Mr. Ford of Michigan, Mr.
Lewis of Georgia, Mr. Washington, Mr. Glickman, Mr.
Miller of California, Mr. Owens, Mr. Johnston of
Florida, Mr. Payne of New Jersey, Ms. DeLauro, Ms.
Norton, Mr. Tucker, Ms. VelAzquez, Mr. Towns, Mr.
Rush, Mrs. Schroeder, Mr. Rangel, Ms. Eddie Bernice
Johnson of Texas, Mr. Reynolds, Mr. Nadler, Mr.
Schumer, Mr. Martinez, and Mr. Wheat):
H.R. 3950. A bill to provide grants to local entities to
improve the academic performance and social development of
at-risk children; to the Committee on Education and Labor.
By Mr. CAMP (for himself, Mr. Brewster, Mr. Archer, Mr.
Grandy, Mr. Hoagland, Mr. Sundquist, Mr. Payne of
Virginia, Mr. Doolittle, Mr. Boehner, Mr. Quillen,
Mr. Hansen, Mr. Canady, Mr. Barlow, Mr. Barcia of
Michigan, Mr. Bunning, Mr. Hancock, Mr. Slattery, Mr.
McCrery, Mr. Thomas of California, Mr. Houghton, Mr.
Edwards of Texas, Mr. Shaw, Mr. Herger, Mr. Pete
Geren of Texas, Mr. Lewis of California, Mr. Bonilla,
Mr. Lightfoot, Mr. Gordon, and Mr. Fields of Texas):
H.R. 3951. A bill to amend the Interval Revenue Code of
1986 to prevent the reclassification of certain dues paid to
tax-exempt agricultural or horticultural organizations; to
the Committee on Ways and Means.
By Mr. CARDIN (for himself and Mr. Shaw):
H.R. 3952. A bill to amend the Internal Revenue Code of
1986 to alleviate the inequitable tax treatment of
individuals operating small, expanding publishing businesses
as S corporations or partnerships, thereby encouraging the
growth and development of
[[Page 214]]
such businesses; to the Committee on Ways and Means.
By Mr. HUTTO:
H.R. 3953. A bill to authorize Escambia County, FL, to
convey certain lands in Florida to a political subdivision of
the State of Florida; to the Committee on Natural Resoruces.
By Mr. JOHNSON of South Dakota:
H.R. 3954. A bill to expand the Mni Wiconi rural water
supply project, and for other purposes; to the Committee on
Natural Resources.
By Mr. ROWLAND (for himself, Mr. Bilirakis, Mr. Spratt,
Mr. Bliley, Mr. Tauzin, Mr. Duncan, Mr. Parker, Mr.
Hastert, Mr. Montgomery, Mr. Barton of Texas, Mr.
Pete Geren of Texas, Mr. Upton, Mr. Sisisky, Mr.
Moorhead, Mr. Tanner, Mrs. Vucanovich, Mr. Laughlin,
Mr. Goss, Mr. Pickett, Mr. Crapo, Mr. Lancaster, Mr.
Goodlatte, Mr. Hayes, Mr. Zeliff, Mrs. Lloyd, Mr.
Linder, Mr. Browder, Mr. Castle, Mr. Orton, and Mr.
Young of Florida):
H.R. 3955. A bill to increase the availability and
continuity of health coverage for employees and their
families, to prevent fraud and abuse in the health care
delivery system, to reform medical malpractice liability
standards, to reduce paperwork and simplify administration of
health care claims, to promote preventive care, and for other
purposes; jointly, to the Committees on Energy and Commerce,
Education and Labor, the Judiciary, and Ways and Means.
By Mr. LEWIS of Georgia (for himself, Mr. Linder, Mr.
Darden, and Mr. Gingrich):
H.R. 3956. A bill to establish the Freedom National Park in
the State of Georgia, and for other purposes; to the
Committee on Natural Resources.
By Mr. PETRI (for himself, Mr. Obey, Mr. Sensenbrenner,
Mr. Roth, Mr. Gunderson, Mr. Kleczka, Mr. Klug, Mr.
Barrett of Wisconsin, and Mr. Barca of Wisconsin):
H.R. 3957. A bill to amend the Federal Water Pollution
Control Act to reserve a portion of the funds made available
for capitalization grants for water pollution control
revolving funds for the purpose of making grants to States
that set aside amounts of State funds for water pollution
control in excess of the amounts required under such act, and
for other purposes; to the Committee on Public Works and
Transportation.
By Mr. SCHAEFER (for himself and Mr. Penny):
H.R. 3958. A bill to reduce the budget deficit of the
United States, and for other purposes; jointly, to the
Committees on Agriculture; Armed Services; Banking, Finance
and Urban Affairs; Education and Labor; Energy and Commerce;
Foreign Affairs; Government Operations; House Administration;
the Judiciary; Merchant Marine and Fisheries; Natural
Resources; Post Office and Civil Service; Public Works and
Transportation; Rules; Science, Space, and Technology; Small
Business; Veterans' Affairs; Ways and Means; and the
Permanent Select Committee on Intelligence.
By Mr. THOMPSON:
H.R. 3959. A bill to extend the effectiveness of an
exemption from the requirements of the Depository Institution
Management Interlocks Act; to the Committee on Banking,
Finance and Urban Affairs.
By Mr. MILLER of California (for himself, Mr.
McDermott, Mr. Becerra, Mr. Clay, Mr. de Lugo, Mr.
Engel, Mr. Faleomavaega, Mrs. Mink of Hawaii, Mr.
Murphy, Mr. Owens, Mr. Payne of New Jersey, Mr.
Romero-
Barcelo, Mr. Scott, and Ms. Woolsey):
H.R. 3960. A bill to provide for health care for every
American and to control the cost and enhance the quality of
the health care system; jointly, to the Committees on Energy
and Commerce, Ways and Means, Armed Services, Post Office and
Civil Service, Natural Resources, and Education and Labor.
By Mr. THOMPSON:
H.R. 3961. A bill to amend the Act known as the Miller Act
to raise the value of contracts for which performance bonds
and payment bonds are required under that act; to the
Committee on the Judiciary.
H.R. 3962. A bill to direct the Secretary of the Interior
and the Secretary of Energy to undertake initiatives to
address certain needs in the Lower Mississippi Delta Region,
and for other purposes; jointly, to the Committees on
Education and Labor, Natural Resources, Energy and Commerce,
and Science, Space, and Technology.
By Mr. GEPHARDT (for himself and Mr. Gingrich):
H.J. Res. 329. Joint resolution designating March 23, 1994,
as ``Education and Sharing Day, U.S.A.''; to the Committee on
Post Office and Civil Service.
By Mr. DOOLITTLE:
H.J. Res. 330. Joint resolution designating May 1994 as
``National Community Residential Care Month; to the Committee
on Post Office and Civil Service.
By Mr. ANDREWS of New Jersey:
H. Con. Res. 214. Concurrent resolution urging the
President to promote political stability in Tajikistan
through efforts to encourage political resolution of the
conflict and respect for human rights and through the
provision of humanitarian assistance and (subject to certain
conditions) economic assistance; to the Committee on Foreign
Affairs.
By Mr. FALEOMAVAEGA (for himself, Mr. Smith of Iowa,
Mr. Leach, Mr. Grandy, Mr. Nussle, and Mr.
Lightfoot):
H. Con. Res. 215. Concurrent resolution honoring James
Norman Hall and recognizing his outstanding contributions to
the United States and the South Pacific; to the Committee on
Post Office and Civil Service.
By Mr. GOSS (for himself and Mr. Hyde):
H. Res. 378. Resolution amending the Rules of the House of
Representatives to require Members to sign an oath of secrecy
before receiving access to classified information; to the
Committee on Rules.
Para. 17.22 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 173: Mr. DeLay.
H.R. 291: Mr. Serrano, Mr. Costello, Mr. Swett, Mr. Stupak,
Mr. Calvert, and Mr. Crane.
H.R. 300: Mr. Borski and Mr. Callahan.
H.R. 411: Mr. Emerson.
H.R. 417: Mr. Brewster, Mr. McCurdy, Mr. Livingston, and
Mr. Bereuter.
H.R. 427: Mr. Slattery.
H.R. 479: Mr. Hamburg.
H.R. 630: Mr. Frost, Mr. Poshard, and Mr. Jefferson.
H.R. 799: Mr. Baker of Louisiana.
H.R. 840: Mr. Moakley.
H.R. 886: Mr. Rogers.
H.R. 1155: Mr. Rose and Mr. Emerson.
H.R. 1164: Ms. Shepherd.
H.R. 1171: Mr. DeFazio.
H.R. 1176: Mr. Inslee and Mr. Sanders.
H.R. 1349: Mr. Ewing.
H.R. 1490: Mr. Zeliff, Mr. Everett, Mr. Gekas, Mr. Kim,
Mrs. Bentley, and Mr. Ballenger.
H.R. 1718: Mr. Bishop, Mr. Blackwell, Mr. Manzullo, and Ms.
Norton.
H.R. 1719: Mr. DeLay.
H.R. 1736: Mr. Richardson, Mr. Klug, Mr. Inhofe, and Mr.
Gingrich.
H.R. 1801: Mr. Hinchey.
H.R. 1883: Mr. Young of Alaska, Mr. Ravenel, Mr. Frost, Mr.
Torricelli, Mr. Owens, and Mr. Thompson.
H.R. 1886: Mr. Blackwell.
H.R. 1897: Mr. Lowey and Mr. Fields of Louisiana.
H.R. 1928: Mr. Weldon.
H.R. 1980: Mr. Peterson of Minnesota.
H.R. 2292: Mr. Waxman, Mr. Evans, and Mrs. Thurman.
H.R. 2340: Mr. Shays.
H.R. 2355: Mr. Hoke.
H.R. 2396: Ms. Eshoo.
H.R. 2443: Ms. Lambert and Mr. Portman.
H.R. 2460: Mr. Bachus of Alabama and Ms. Long.
H.R. 2467: Mr. Burton of Indiana, Mr. Greenwood, Mr.
Hinchey, Mr. Hobson, Ms. Eddie Bernice Johnson of Texas, Mr.
King, Mr. LaFalce, Mr. Pastor, Mr. Peterson of Minnesota, Mr.
Roberts, Mr. Spratt, Mr. Stump, Mr. Tauzin, and Mr. Walsh.
H.R. 2474: Mr. Baker of Louisiana, Mr. Darden, Mr. Schiff,
and Mr. Frost.
H.R. 2580: Mr. Foglietta.
H.R. 2767: Mr. Martinez, Mr. Faleomavaega, Mr. Ewing, Ms.
Eddie Bernice Johnson of Texas, Mr. King, Mr. Gonzalez, Mr.
Clyburn, and Mr. Owens.
H.R. 2803: Mr. Neal of North Carolina.
H.R. 2937: Mr. Upton.
H.R. 3023: Mr. Kyl, Mr. Hinchey, Mr. Boucher, Mr.
Cunningham, Ms. Schenk, Mr. Petri, Mr. Pete Geren of Texas,
and Mr. Crane.
H.R. 3064: Mr. Inslee.
H.R. 3182: Mr. Abercrombie and Miss Collins of Michigan.
H.R. 3203: Mrs. Clayton, Mr. Romero-Barcelo, and Mr. Dixon.
H.R. 3213: Mr. Gallegly.
H.R. 3231: Mr. Dixon.
H.R. 3235: Mr. Klein.
H.R. 3246: Mr. Bereuter, Mr. Blute, Mr. Bonior, Mr.
Brewster, Mr. Brown of California, Mr. Doolittle, Mr. Dicks,
Ms. Lambert, Mrs. Morella, Mr. Oxley, Mr. Penny, Mr. Rogers,
Mr. Strickland, Mr. Lightfoot, Mr. Pastor, Mr. Inslee, and
Ms. Kaptur.
H.R. 3261: Mr. Murphy, Mr. Talent, Mr. Stearns, Mr. Herger,
Mr. Manzullo, Mr. Sanders, Mr. Smith of Oregon, and Mr.
Gunderson.
H.R. 3293: Ms. Furse and Mr. Andrews of New Jersey.
H.R. 3367: Mr. Blute, Mr. Volkmer, and Mr. Gallegly.
H.R. 3392: Mr. Cunningham and Mr. McCandless.
H.R. 3434: Ms. Eshoo, Ms. Eddie Bernice Johnson of Texas,
Mrs. Morella, and Mr. Orton.
H.R. 3472: Mr. Frost, Mr. Jefferson, Mr. Klink, and Mr.
Hochbrueckner.
H.R. 3513: Mr. Shays.
H.R. 3523: Ms. Eshoo, Mr. Moran, Mr. Bonilla, Mr. Linder,
Mr. Young of Alaska, and Mr. Knollenberg.
H.R. 3527: Mr. Waxman, Ms. Eshoo, and Mr. Deutsch.
H.R. 3538: Mr. Abercrombie, Mr. Kopetski, Mr. Dellums, Mr.
Sanders, Mr. Penny, Mr. Serrano, Mr. Markey, Mr. Payne of New
Jersey, Mr. Olver, Mr. Kreidler, Mr. Ford of Tennessee, Mr.
Stark, Mr. Johnson of South Dakota, Mr. Minge, Mrs. Maloney,
Mr. Blackwell, Mr. Wynn, Mrs. Mink of Hawaii, Mr. Jacobs, Mr.
Wyden, Mr. Meehan, Mr. Rangel, Ms. Norton, Mr. Durbin, Mr.
Faleomavaega, and Mr. Clay.
H.R. 3546: Mr. Ravenel, Mr. Frost, Mr. Johnson of Georgia,
and Mr. Derrick.
[[Page 215]]
H.R. 3573: Mr. Tauzin, Mr. Parker, Mr. Montgomery, Mr. Pete
Geren of Texas, Mr. Sisisky, Mr. Tanner, Mr. Laughlin, Mr.
Pickett, Mr. Lancaster, Mr. Hayes, Mrs. Lloyd, Mr. Browder,
Mr. Orton, Mr. Bishop, Mr. Johnson of Georgia, Mr. Taylor of
Mississippi, and Mr. Neal of North Carolina.
H.R. 3584: Ms. Lowey, Mrs. Meyers of Kansas, Mr. Pombo, and
Ms. Pryce of Ohio.
H.R. 3614: Mr. DeFazio, Mr. Evans, Mr. Farr, Mr. Meehan,
and Mr. Visclosky.
H.R. 3636: Mr. Lazio, Mr. Engel, Ms. Lowey, Mr. Solomon,
Mr. King, and Ms. Molinari.
H.R. 3642: Mr. Berman, Mr. Castle, Mr. Fazio, Mr. Hoke, Mr.
Knollenberg, Mr. Levy, Ms. Lowey, Mr. Swett, and Mr. Thomas
of Wyoming.
H.R. 3720: Mr. Nadler.
H.R. 3787: Mr. Zimmer and Mr. Saxton.
H.R. 3797: Mr. Baker of Louisiana, Mr. Calvert, Mr.
Doolittle, Mr. Hansen, Mr. Hefley, Mr. Young of Alaska, Mr.
Duncan, and Mr. Allard.
H.R. 3808: Mr. Sangmeister.
H.R. 3810: Mr. Johnson of South Dakota, Mr. Bateman, and
Mr. Rogers.
H.R. 3840: Mr. Gonzalez, Mr. Wilson, Mr. Pete Geren of
Texas, Mr. Hall of Texas, Ms. Eddie Bernice Johnson of Texas,
Mr. Smith of Iowa, Mr. Bryant, Mr. Sarpalius, Mr. Frost, Mr.
Stenholm, Mr. Coleman, Mr. Tejeda, Mr. Montgomery, Mr.
Archer, Mr. Brooks, and Mr. Barton of Texas.
H.R. 3862: Mr. Crane and Mr. Wilson.
H.R. 3866: Mr. Washington, Mr. Kennedy, Mr. Swett, and Mr.
Andrews of Maine.
H.R. 3875: Mr. Combest, Mr. Oxley, Mr. Hefley, Mr. McCrery,
Mr. Doolittle, Mr. Hansen, Mr. Dornan, and Mr. Parker.
H.R. 3878: Mr. Shays.
H.R. 3912: Ms. Lowey, Mr. McCollum and Mr. Torkildsen.
H.R. 3925: Mr. Ravenel, Ms. Eddie Bernice Johnson of Texas,
Mr. Conyers, Mr. Clay, Ms. Waters, Mrs. Collins of Illinois,
Mrs. Meek of Florida, Ms. Brown of Florida, Mr. Stokes, Mrs.
Clayton, Mr. Thompson, Mr. Flake, Mr. Fields of Louisiana,
Mr. Dellums, Mr. Mfume, Mr. Rush, Ms. Norton, Mr. Franks of
Connecticut, Mr. Lewis of Georgia, Mr. Rangel, Mr. Wynn, Mr.
Ford of Tennessee, Mr. Hilliard, Mr. Watt, Mr. Owens, Mr.
Scott, Mr. Jefferson, Mr. Payne of New Jersey, and Mr.
Bishop.
H.J. Res. 9: Mr. Thomas of Wyoming and Mr. Huffington.
H.J. Res. 113: Mr. Gekas.
H.J. Res. 209: Ms. Eshoo.
H.J. Res. 286: Mr. Abercrombie, Mr. Borski, Ms. Cantwell,
Mr. Costello, Ms. DeLauro, Mr. Evans, Mr. Franks of
Connecticut, Mr. Hochbrueckner, Mr. Hutto, Mr. Hyde, Mr.
Kennedy, Mr. Lightfoot, Ms. Lowey, Mr. Markey, Mr. Obey, Mr.
Sabo, Mr. Stark, and Mr. Walsh.
H.J. Res. 297: Mr. Bevill.
H.J. Res. 302: Mr. Wise, Mr. Kreidler, Mr. Stokes, Mr.
Evans, Mr. Payne of New Jersey, Mr. Johnson of South Dakota,
Mr. Laughlin, Mrs. Maloney, Mr. Carr, Mr. Stark, Mr. Inslee,
Mr. Jacobs, Mr. Markey, Mr. Dixon, Mr. Sabo, Mr. Johnston of
Florida, Mr. de la Garza, Mr. Lantos, and Mr. Levin.
H.J. Res. 304: Mr. McCloskey, Ms. McKinney, and Mr. Waxman.
H.J. Res. 305: Mr. Waxman, Mr. Meehan, Mr. Olver, Mr.
Schumer, Mr. Markey, Mr. Blute, Mr. Baesler, Mr. Torkildsen,
Mr. Spratt, Mr. Hinchey, and Mr. Blackwell.
H.J. Res. 310: Mr. Kennedy, Mr. Cardin, Mr. Menendez, Mr.
de Lugo, Mr. Moakley, Mr. Matsui, and Mr. Dornan.
H.J. Res. 314: Mr. McDade, Ms. Eddie Bernice Johnson of
Texas, Mr. Kasich, and Mr. Frost.
H.J. Res. 318: Mr. Frost, Mr. Lipinski, Mr. Sundquist, Mr.
Evans, Mr. Hughes, Mr. Faleomavaega, Mr. Torkildsen, Mr.
Volkmer, Mr. Martinez, Mr. Ravenel, Mr. Spence, Mr. Spratt,
and Mr. Quillen.
H. Con. Res. 3: Mr. Cunningham.
H. Con. Res. 35: Mr. McHale, Mr. Borski, Mr. Pallone, Mr.
Hughes, Mr. Andrews of New Jersey, Mr. Swett, Mr. Roemer, Mr.
Kildee, Mr. Neal of North Carolina, Mr. Volkmer, Ms. Kaptur,
Mr. Menendez, Mr. Hinchey, Mr. Deutsch, Mrs. Maloney, Mr.
Cramer, Mr. Chapman, Mr. Saxton, Mr. Tucker, Mrs. Clayton,
Mr. Gejdenson, Ms. Woolsey, Mr. Rush, Ms. McKinney, Mr. Wynn,
Mr. Frank of Massachusetts, Mr. Berman, Ms. Norton, Mr.
Hamburg, Mrs. Morella, Mr. Brown of Ohio, Ms. Roybal-Allard,
Mrs. Kennelly, Mr. Romero-Barcelo, Mr. Brewster, and Ms.
Danner.
H. Con. Res. 166: Mr. Boehlert and Mr. Bacchus of Alabama.
H. Con. Res. 177: Mr. Smith of New Jersey, Mrs. Unsoeld,
Mr. Brown of California, Mrs. Roukema, Mr. de Lugo, and Mr.
Brown of Ohio.
H. Con. Res. 179: Mr. Archer and Mr. McNulty.
H. Con. Res. 184: Mr. Skelton, Mr. Ewing, Mr. Machtley, Mr.
Burton of Indiana, Mr. Ramstad, Mr. McHugh, Mr. Torkildsen,
Mr. Baker of Louisiana, Mr. Combest, Mr. Manzullo, Mr.
Bateman, Mr. Torres, Mr. Wyden, Mr. Frost, and Mr. Zeliff.
H. Res. 38: Mr. Abercrombie.
H. Res. 236: Mr. Stupak, Mr. Olver, Mr. Borski, Mr. Lantos,
Mr. Rangel, Mr. Poshard, Mr. Dixon, Mr. Watt, Mr. Hoyer, Mr.
Klein, Mrs. Thurman, Mr. DeLay, Mr. Levy, Mr. Gekas, Mr.
Pallone, Mr. Clay, Mr. Pickle, Mrs. Vucanovich, Mr. Peterson
of Florida, Mr. Gordon, Ms. Eddie Bernice Johnson of Texas,
Mr. Tauzin, and Mr. Gingrich.
H. Res. 365: Mr. Ballenger, Mr. Goss, and Mr. Gilchrest.
.
MONDAY, MARCH 7, 1994 (18)
The House was called to order by the SPEAKER.
Para. 18.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Thursday, March 3, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 18.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2702. A letter from the Comptroller, Department of Defense,
transmitting a report of a violation of the Anti-Deficiency
Act which occurred in the Department of the Air Force,
pursuant to 31 U.S.C. 1517(b); to the Committee on
Appropriations.
2703. A letter from the General Counsel, Department of
Defense, transmitting a copy of Executive Order No. 12888
which updates the Manual for Courts-Martial, United States,
1984, pursuant to 10 U.S.C. 836(b); to the Committee on Armed
Services.
2704. A letter from the President and Chairman, Export-
Import Bank, transmitting their approval supporting the sale
of certain jet aircraft to Australia and to China; to the
Committee on Banking, Finance and Urban Affairs.
2705. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-206,
``General Obligation Bond Act of 1994,'' pursuant to D.C.
Code section 1-233(c)(1); to the Committee on the District of
Columbia.
2706. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-193,
``Displaced Workers Protection Act of 1994,'' pursuant to
D.C. Code section 1-233(c)(1); to the Committee on the
District of Columbia.
2707. A letter from the Administrator, National Aeronautics
and Space Administration, transmitting its annual report on
the progress on Superfund implementation in fiscal year 1993,
pursuant to 45 U.S.C. 9651; to the Committee on Energy and
Commerce.
2708. A letter from the Acting Assistant Administrator for
Legislative Affairs, Agency for International Development,
transmitting a report on economic conditions prevailing in
Egypt that may affect its ability to meet international debt
obligations and stabilize its economy, pursuant to 22 U.S.C.
2346 note; to the Committee on Foreign Affairs.
2709. A letter from the Acting Assistant Administrator for
Legislative Affairs, Agency for International Development,
transmitting a report on economic conditions prevailing in
Israel that may affect its ability to meet its international
debt obligations and to stabilize its economy, pursuant to 22
U.S.C. 2346 note; to the Committee on Foreign affairs.
2710. A letter from the Deputy Assistant for Public
Affairs, Department of Defense, transmitting a report of
activities under the Freedom of Information Act for calendar
year 1993, pursuant to 5 U.S.C. 552(d); to the Committee on
Government Operations.
2711. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the annual report
on the Foreign Service Retirement and Disability System and
the Foreign Service Pension System, pursuant to 31 U.S.C.
9503(a)(1)(B); to the Committee on Government Operations.
2712. A letter from the Director of the Office of
Administration, Executive Office of the President,
transmitting a report of activities under the Freedom of
Information Act for calendar year 1993, pursuant to 5 U.S.C.
552(d); to the Committee on Government Operations.
2713. A letter from the Chairman, Federal Mine Safety and
Health Review Commission, transmitting the annual report on
the activities of the inspector general for fiscal year 1993,
pursuant to Public Law 95-452, section 5(b) (102 Stat. 2526);
to the Committee on Government Operations.
2714. A letter from the Secretary, Federal Trade
Commission, transmitting a report of activities under the
Freedom of Information Act for calendar year 1993, pursuant
to 5 U.S.C. 552(d); to the Committee on Government
Operations.
2715. A letter from the Executive Director, Japan-United
States Friendship Commission, transmitting the annual report
on the activities of the inspector general for fiscal year
1993, pursuant to Public Law 95-452, section 5(b) (102 Stat.
2526); to the Committee on Government Operations.
2716. A letter from the Chairman, National Credit Union
Administration, transmitting a report of activities under the
Freedom of Information Act for calendar year 1993, pursuant
to 5 U.S.C. 552(d); to the Committee on Government
Operations.
2717. A letter from the Executive Director, Pennsylvania
Avenue Development Corporation, transmitting a report of
activities under the Freedom of Information Act for calendar
year 1993, pursuant to 5 U.S.C. 552(d); to the Committee on
Government Operations.
2718. A letter from the Secretary, Resolution Trust
Corporation, transmitting a report of activities under the
Freedom of Information Act for calendar year 1993, pursuant
to 5 U.S.C. 552(d); to the Committee on Government
Operations.
2719. A letter from the Special Counsel, U.S. Office of
Special Counsel, transmitting
[[Page 216]]
a report of activities under the Freedom of Information Act
for calendar year 1993, pursuant to 5 U.S.C. 552(d); to the
Committee on Government Operations.
2720. A letter from the Assistant Secretary, Land and
Minerals Management, Department of the Interior, transmitting
a report on five compensatory royalty agreements relating to
oil or gas which were entered into during fiscal year 1993
involving unleased government lands, pursuant to 30 U.S.C.
226(g); to the Committee on Natural Resources.
2721. A letter from the Deputy Associate Director for
Compliance, Department of the Interior, transmitting notice
of proposed refunds of excess royalty payments in OCS areas,
pursuant to 43 U.S.C. 1339(b); to the Committee on Natural
Resources.
2722. A letter form the Administrator, Environmental
Protection Agency, transmitting a report entitled ``A Review
of Federal Authorities for Hazardous Materials Accident
Safety''; jointly, to the Committees on Energy and Commerce
and Public Works and Transportation.
2723. A letter from the Secretary of Defense, transmitting
a second DOD fiscal year 1994 report on proposed obligations
for facilitating weapons destruction and nonproliferation in
the former Soviet Union, pursuant to Public Law 103-160,
section 1206; jointly, to the Committees on Foreign Affairs
and Armed Services.
Para. 18.3 glass ceiling commission
The SPEAKER, pursuant to the provisions of section 203(b)(1) of Public
Law 102-166, jointly, with the Majority Leader of the Senate, appointed
to the Glass Ceiling Commission, Mr. John T. Jenkins of Lewiston, Maine,
from private life, on the part of the House, to fill the existing
vacancy thereon.
Para. 18.4 leave of absence
By unanimous consent, leave of absence was granted to Mr. GALLO, for
this week.
And then,
Para. 18.5 adjournment
On motion of Mr. LEACH, pursuant to the special order of the House of
February 11, 1994, at 12 o'clock and 47 minutes p.m., the House
adjourned until 10:30 a.m., Tuesday, March 8, 1994.
Para. 18.6 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. HUGHES:
H.R. 3963. A bill to amend title 18 to provide grants to
States to assist in the incarceration of violent repeat
offenders and to manage the problems associated with
overcapacity in correctional facilities and programs and to
support comprehensive programs that will reduce the rate of
recidivism; to the Committee on the Judiciary.
By Mr. RICHARDSON:
H.R. 3964. A bill to expand the boundary of the Santa Fe
National Forest, and for other purposes; to the Committee on
Natural Resources.
By Mr. SWIFT (for himself, Mr. Synar, and Mr. Porter):
H.R. 3965. A bill to amend the Solid Waste Disposal Act to
implement the Basel Convention on the Control of
Transboundary Movements of Hazardous Wastes and Their
Disposal, and for other purposes; jointly, to the Committees
on Energy and Commerce and Foreign Affairs.
By Mr. TRAFICANT:
H.R. 3966. A bill to amend the Fair Labor Standards Act of
1938 to clarify that individuals with impaired vision or
blindness are not to be covered by special certificates for
employment under section 14(c) of such act; to the Committee
on Education and Labor.
By Mr. GLICKMAN (for himself and Mr. Hansen):
H. Res. 379. Resolution providing for consideration of the
bill (H.R. 3087) to amend the Federal Aviation Act of 1958 to
establish time limitations on certain civil actions against
aircraft manufacturers, and for other purposes; to the
Committee on Rules.
Para. 18.7 memorials
Under clause 4 of rule XXII,
293. The Speaker presented a memorial of the House of
Representatives of the Commonwealth of Puerto Rico, relative
to the transfer of lands controlled by the U.S. Navy in
Vieques to the municipal government of Vieques; which was
referred to the Committee on Armed Services.
Para. 18.8 additional sponsors
Under clause 4 of the rule XXII, sponsors were added to public bills
and resolutions as follows:
H.R. 1517: Mr. Quillen.
H.R. 1961: Mr. Parker and Ms. Eddie Bernice Johnson of
Texas.
H.R. 1980: Mr. DeFazio.
H.R. 2623: Mr. Roemer, Mr. Ramstad, Mr. Fingerhut, and Mr.
Houghton.
H.R. 2745: Mr. Peterson of Minnesota.
H.R. 3132: Mr. Abercrombie.
H.R. 3333: Mr. Bachus of Alabama.
H.R. 3359: Mr. Hinchey.
H.R. 3413: Mr. Burton of Indiana.
H.R. 3458: Mr. Foglietta, Mr. Ewing, and Mr. Barrett of
Nebraska.
H.R. 3513: Mr. Fingerhut.
H.R. 3660: Mr. Frost, Mrs. Fowler, Mr. Shaw, and Mr.
Gilman.
H.R. 3769: Mr. Nadler.
H.R. 3905: Ms. Furse, Mr. Walsh, Mr. Farr, Mr. Barrett of
Wisconsin, Mr. Coppersmith, Mr. Kanjorski, Mr. Bryant, Mr.
Stark, Mr. Bacchus of Florida, Mr. Boucher, Mr. Waxman, Mr.
Gibbons, Mr. Richardson, Mr. Ortiz, Mr. McDermott, Mr.
Serrano, Mr. Abercrombie, Mr. Strickland, Mr. Spratt, Mr.
Menendez, Ms. Velazquez, Mr. Gordon, Mr. Hefner, Mr. Derrick,
Mr. Kreidler, Mr. LaRocco, Ms. McKinney, Ms. Pelosi, Ms.
Roybal-Allard, Mr. Watt, and Mr. Hamburg.
H.J. Res. 138: Mrs. Morella, Mr. Callahan, Mr. Bevill, Mr.
Cramer, Mr. Bachus of Alabama, Mr. Coppersmith, Mr. Stump,
Mr. Kyl, Mr. Kolbe, Ms. English of Arizona, Ms. Lambert, Mr.
Thornton, Mr. Hutchinson, Mr. Dickey, Mr. Hamburg, Mr.
Herger, Mr. Fazio, Mr. Doolittle, Mr. Matsui, Ms. Woolsey,
Ms. Pelosi, Mr. Dellums, Mr. Baker of California, Mr. Condit,
Mr. Lehman, Mr. Beilenson, Mr. Berman, Mr. Moorhead, Mr.
Waxman, Mr. Martinez, Mr. Slattery, Mr. Glickman, Mr. Rush,
Mr. Lipinski, Miss Collins of Michigan, Mr. Hastert, Mr.
Evans, Mr. Sharp, Mrs. Meek of Florida, Mr. Johnston of
Florida, Mr. Diaz-Balart, Mr. Hastings, Mr. Bishop, Mr.
Darden, Mr. Johnson of Georgia, Ms. McKinney, Mr.
Abercrombie, Mrs. Mink of Hawaii, Mr. LaRocco, Mrs. Kennelly,
Mr. Gejdenson, Ms. DeLauro, Mr. Shays, Mr. Franks of
Connecticut, Mr. Hutto, Mr. Mica, Mr. McCollum, Mr.
Bilirakis, Mr. Bacchus of Florida, Mr. Dixon, Ms. Roybal-
Allard, Mr. Torres, Ms. Harman, Mr. Horn, Mr. Lewis of
California, Mr. Rohrabacher, Mr. Dornan, Mr. Hunter, Mrs.
Schroeder, Mr. McInnis, Mr. Schaefer, Mr. Burton of Indiana,
Mr. Hamilton, Mr. Jacobs, Mr. Leach, Mr. Nussle, Mr. Smith of
Iowa, Mr. Grandy, Mr. Pete Geren of Texas, Mrs. Meyers of
Kansas, Mr. Jefferson, Mr. Tauzin, Mr. Fields of Louisiana,
Mr. Hayes, Mr. Andrews of Maine, Mrs. Bentley, Mr. Cardin,
Mr. Olver, Mr. Neal of Massachusetts, Mr. Frank of
Massachusetts, Mr. Meehan, Mr. Torkildsen, Mr. Kennedy, Mr.
Moakley, Mr. Studds, Mr. Carr, Mr. Levin, Mr. Ford of
Michigan, Mr. Conyers, Mr. Stark, Mr. Dingell, Mr. Minge, Mr.
Vento, Mr. Sabo, Mr. Peterson of Minnesota, Mr. Montgomery,
Mr. Parker, Mr. Taylor of Mississippi, Mr. Clay, Mr.
Gephardt, Mr. Skelton, Mr. Wheat, Mr. Emerson, Mr. Bereuter,
Mr. Hoagland, Mr. Bilbray, Mrs. Vucanovich, Mr. Payne of New
Jersey, Mr. Richardson, Mr. Hochbrueckner, Mr. Ackerman, Mr.
Manton, Mr. Towns, Mr. Owens, Mrs. Maloney, Mr. Rangel, Mr.
Gilman, Mr. Boehlert, Mr. Walsh, Mr. Hinchey, Mrs. Clayton,
Mr. Valentine, Mr. Lancaster, Mr. Price of North Carolina,
Mr. Neal of North Carolina, Mr. Coble, Mr. Rose, Mr. Hefner,
Mr. Ballenger, Mr. Watt, Mr. Oxley, Mr. Stokes, Ms. Pryce of
Ohio, Mr. Traficant, Mr. Synar, Mr. Brewster, Mr. Wyden, Mr.
Kopetski, Mr. Foglietta, Mr. Borski, Mr. Kanjorski, Mr.
Murtha, Ms. Margolies-Mezvinsky, Mr. Coyne, Mr. McHale, Mr.
Santorum, Mr. Murphy, Mr. Ravenel, Mr. Spence, Mr. Derrick,
Mr. Inglis of South Carolina, Mr. Spratt, Mr. Clyburn, Mrs.
Lloyd, Mr. Clement, Mr. Gordon, Mr. Tanner, Mr. Ford of
Tennessee, Mr. Hall of Texas, Mr. Bryant, Mr. Pickle, Mr.
Edwards of Texas, Mr. Sarpalius, Mr. Coleman, Mr. Stenholm,
Mr. Gonzalez, Mr. Bonilla, Mr. Frost, Mr. Ortiz, Mr. Gene
Green of Texas, Mr. Hansen, Ms. Shepherd, Mr. Orton, Mr.
Bateman, Mr. Bliley, Mr. Moran, Mr. Boucher, Mr. Wolf, Mrs.
Byrne, Ms. Cantwell, Mr. Swift, Mr. Foley, Mr. Dicks, Mr.
McDermott, Mr. Wise, Mr. Castle, Mr. Faleomavaega, Ms.
Norton, Ms. Kaptur, Mrs. Thurman, Mr. Crapo, Ms. Brown of
Florida, Mr. Tucker, Mr. Kleczka, Mr. Dreier, Mr. McNulty,
Mr. Stearns, Mr. Young of Florida, Mr. Hilliard, Mr. Fields
of Texas, Mr. Pallone, Mr. Barrett of Nebraska, Mr. Peterson
of Florida, Mr. Deutsch, Mr. Blute, Mr. Blackwell, Mr.
Johnson of South Dakota, Mr. Kreidler, Mr. Hall of Ohio, Mr.
Mineta, Mr. Stupak, Mr. Calvert, Ms. Schenk, and Mr. de la
Garza.
H.J. Res. 253: Mr. Faleomavaega, Mr. Andrews of Maine, Mr.
Martinez, and Mr. Foglietta.
H.J. Res. 325: Mr. Evans, Mr. Calvert, Mr. Tucker, Mr.
Edwards of California, Mr. Faleomavaega, Mr. Beilenson, Mr.
Lantos, Mr. Matsui, Mr. Visclosky, Mr. Sabo, Mr. Durbin, Mr.
Horn, and Mr. Tanner.
H.J. Res. 326: Mr. Lipinski and Mr. McCloskey.
H. Con. Res. 110: Mr. Montgomery and Mrs. Lloyd.
.
TUESDAY, MARCH 8, 1994 (19)
Para. 19.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
MONTGOMERY, at 10:30 o'clock a.m., who laid before the House the
following communication:
House of Representatives,
Washington, DC, March 8, 1994.
I hereby designate the Honorable G.V. (Sonny) Montgomery to
act as Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Whereupon, pursuant to the order of the House of Friday, February 11,
1994,
[[Page 217]]
Members were recognized for ``morning hour'' debates.
Para. 19.2 messages from the president
Sundry messages in writing from the President of the United States
were communicated to the House by Mr. Edwin Thomas, one of his
secretaries.
Para. 19.3 recess--11:23 a.m.
The SPEAKER pro tempore, Ms. MARGOLIES-MEZVINSKY, pursuant to clause
12 of rule I, declared the House in recess until 12 o'clock noon.
Para. 19.4 after recess--12:00 noon
The SPEAKER called the House to order.
Para. 19.5 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Monday, March 7, 1994.
Mr. ALLARD, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Mr. ALLARD objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER, pursuant to clause 5, rule I, announced that the vote
would be postponed until later today.
The point of no quorum was considered as withdrawn.
Para. 19.6 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2724. A letter from the Assistant Secretary of the Army
(Installations, Logistics, and Environment), Department of
Defense, transmitting notification of the recent discovery of
one 2.36-inch suspected chemical rocket projectile on
February 1, 1994, at Aberdeen Proving Ground, MD, pursuant to
50 U.S.C. 1518; to the Committee on Armed Services.
2725. A letter from the Assistant Secretary of the Army
(Installations, Logistics, and Environment), Department of
Defense, transmitting notification of the recent emergency
destruction of two 4.2-inch chemical mortar projectiles at
Dugway Proving Ground, UT, pursuant to 50 U.S.C. 1518; to the
Committee on Armed Services.
2726. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting copies of the original
report of political contributions by Charles H. Twining, of
Maryland, to be Ambassador to Cambodia, and members of his
family, pursuant to 22 U.S.C. 3944(b)(2); to the Committee on
Foreign Affairs.
2727. A letter from the Vice President and General Counsel,
Overseas Private Investment Corporation, transmitting a
report of activities under the Freedom of Information Act for
calendar year 1993, pursuant to 5 U.S.C. 552(e); to the
Committee on Government Operations.
2728. A letter from the Chairman, U.S. Securities and
Exchange Commission, transmitting a report of activities
under the Freedom of Information Act for calendar year 1993,
pursuant to 5 U.S.C. 552(d); to the Committee on Government
Operations.
2729. A letter from the Secretary of Health and Human
Services, transmitting the Department's report entitled ``A
Study of Payments for Ambulance Services under Medicare,''
pursuant to Public Law 101-239, section 6136(b) (103 State.
2223); jointly, to the Committees on Ways and Means and
Energy and Commerce.
Para. 19.7 federal workforce restructuring
Mr. CLAY moved to suspend the rules and agree to the following
resolution (H. Res. 380):
Resolved, That upon the adoption of this resolution, the
bill (H.R. 3345) to provide temporary authority to Government
agencies relating to voluntary separation incentive payments,
and for other purposes, with the Senate amendment thereto,
shall be considered to have been taken from the Speaker's
table to the end that the Senate amendment thereto be, and
the same is hereby, agreed to with an amendment as follows:
In lieu of the matter proposed to be inserted by the
amendment of the Senate to the text of the bill, insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Workforce
Restructuring Act of 1994''.
SEC. 2. TRAINING.
(a) In General.--Chapter 41 of title 5, United States Code,
is amended--
(1) in section 4101(4) by striking ``fields'' and all that
follows through the semicolon and inserting ``fields which
will improve individual and organizational performance and
assist in achieving the agency's mission and performance
goals;'';
(2) in section 4103--
(A) in subsection (a)--
(i) by striking ``In'' and all that follows through
``maintain'' and inserting ``In order to assist in achieving
an agency's mission and performance goals by improving
employee and organizational performance, the head of each
agency, in conformity with this chapter, shall establish,
operate, maintain, and evaluate'';
(ii) by striking ``and'' at the end of paragraph (2);
(iii) by redesignating paragraph (3) as paragraph (4); and
(iv) by inserting after paragraph (2) the following:
``(3) provide that information concerning the selection and
assignment of employees for training and the applicable
training limitations and restrictions be made available to
employees of the agency; and''; and
(B) in subsection (b)--
(i) in paragraph (1) by striking ``determines'' and all
that follows through the period and inserting ``determines
that such training would be in the interests of the
Government.'';
(ii) by striking paragraph (2) and redesignating paragraph
(3) as paragraph (2); and
(iii) in subparagraph (C) of paragraph (2) (as so
redesignated) by striking ``retaining'' and all that follows
through the period and inserting ``such training.'';
(3) in section 4105--
(A) in subsection (a) by striking ``(a)''; and
(B) by striking subsections (b) and (c);
(4) by repealing section 4106;
(5) in section 4107--
(A) by amending the catchline to read as follows:
``Sec. 4107. Restriction on degree training'';
(B) by striking subsections (a) and (b) and redesignating
subsections (c) and (d) as subsections (a) and (b),
respectively;
(C) by amending subsection (a) (as so redesignated)--
(i) by striking ``subsection (d)'' and inserting
``subsection (b)''; and
(ii) by striking ``by, in, or through a non-Government
facility''; and
(D) by amending paragraph (1) of subsection (b) (as so
redesignated) by striking ``subsection (c)'' and inserting
``subsection (a)'';
(6) in section 4108(a) by striking ``by, in, or through a
non-Government facility under this chapter'' and inserting
``for more than a minimum period prescribed by the head of
the agency'';
(7) in section 4113(b)--
(A) in the first sentence by striking ``annually to the
Office,'' and inserting ``to the Office, at least once every
3 years, and''; and
(B) by striking the matter following the first sentence and
inserting the following: ``The report shall set forth--
``(1) information needed to determine that training is
being provided in a manner which is in compliance with
applicable laws intended to protect or promote equal
employment opportunity; and
``(2) information concerning the expenditures of the agency
in connection with training and such other information as the
Office considers appropriate.'';
(8) by repealing section 4114; and
(9) in section 4118--
(A) in subsection (a)(7) by striking ``by, in, and through
non-Government facilities'';
(B) by striking subsection (b); and
(C) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
(b) Technical and Conforming Amendments.--Title 5, United
States Code, is amended--
(1) in section 3381(e) by striking ``4105(a),'' and
inserting ``4105,''; and
(2) in the analysis for chapter 41--
(A) by repealing the items relating to sections 4106 and
4114; and
(B) by amending the item relating to section 4107 to read
as follows:
``4107. Restriction on degree training.''.
(c) Effective Date.--The amendments made by this section
shall become effective on the date of enactment of this Act.
SEC. 3. VOLUNTARY SEPARATION INCENTIVES.
(a) Definitions.--For the purpose of this section--
(1) the term ``agency'' means an Executive agency (as
defined by section 105 of title 5, United States Code), but
does not include the Department of Defense, the Central
Intelligence Agency, or the General Accounting Office; and
(2) the term ``employee'' means an employee (as defined by
section 2105 of title 5, United States Code) who is employed
by an agency, is serving under an appointment without time
limitation, and has been currently employed for a continuous
period of at least 12 months; such term includes an
individual employed by a county committee established under
section 8(b) of the Soil Conservation and Domestic Allotment
Act (16 U.S.C. 590h(b)), but does not include--
(A) a reemployed annuitant under subchapter III of chapter
83 or chapter 84 of title 5, United States Code, or another
retirement system for employees of the Government; or
(B) an employee having a disability on the basis of which
such employee is or would be eligible for disability
retirement under the applicable retirement system referred to
in subparagraph (A).
(b) Authority.--
(1) In general.--In order to avoid or minimize the need for
involuntary separations due to a reduction in force,
reorganization, transfer of function, or other similar
action, and subject to paragraph (2), the head of an agency
may pay, or authorize the payment of, voluntary separation
incentive payments to agency employees--
(A) in any component of the agency;
(B) in any occupation;
(C) in any geographic location; or
(D) on the basis of any combination of factors under
subparagraphs (A) through (C).
[[Page 218]]
(2) Condition.--
(A) In general.--In order to receive an incentive payment,
an employee must separate from service with the agency
(whether by retirement or resignation) before April 1, 1995.
(B) Exception.--An employee who does not separate from
service before the date specified in subparagraph (A) shall
be ineligible for an incentive payment under this section
unless--
(i) the agency head determines that, in order to ensure the
performance of the agency's mission, it is necessary to delay
such employee's separation; and
(ii) the employee separates after completing any additional
period of service required (but not later than March 31,
1997).
(c) Amount and Treatment of Payments.--A voluntary
separation incentive payment--
(1) shall be paid in a lump sum after the employee's
separation;
(2) shall be equal to the lesser of--
(A) an amount equal to the amount the employee would be
entitled to receive under section 5595(c) of title 5, United
States Code, if the employee were entitled to payment under
such section; or
(B) $25,000;
(3) shall not be a basis for payment, and shall not be
included in the computation, of any other type of Government
benefit;
(4) shall not be taken into account in determining the
amount of any severance pay to which an employee may be
entitled under section 5595 of title 5, United States Code,
based on any other separation; and
(5) shall be paid from appropriations or funds available
for the payment of the basic pay of the employee.
(d) Effect of Subsequent Employment With the Government.--
(1) In general.--An employee who has received a voluntary
separation incentive payment under this section and accepts
employment with the Government of the United States within 5
years after the date of the separation on which the payment
is based shall be required to repay the entire amount of the
incentive payment to the agency that paid the incentive
payment.
(2) Waiver authority.--
(A) Executive agency.--If the employment is with an
Executive agency (as defined by section 105 of title 5,
United States Code), the Director of the Office of Personnel
Management may, at the request of the head of the agency,
waive the repayment if the individual involved possesses
unique abilities and is the only qualified applicant
available for the position.
(B) Legislative branch.--If the employment is with an
entity in the legislative branch, the head of the entity or
the appointing official may waive the repayment if the
individual involved possesses unique abilities and is the
only qualified applicant available for the position.
(C) Judicial branch.--If the employment is with the
judicial branch, the Director of the Administrative Office of
the United States Courts may waive the repayment if the
individual involved possesses unique abilities and is the
only qualified applicant available for the position.
(3) Definition.--For purposes of paragraph (1) (but not
paragraph (2)), the term ``employment'' includes employment
under a personal services contract with the United States.
(e) Regulations.--The Director of the Office of Personnel
Management may prescribe any regulations necessary for the
administration of subsections (a) through (d).
(f) Employees of the Judicial Branch.--The Director of the
Administrative Office of the United States Courts may, by
regulation, establish a program consistent with the program
established by subsections (a) through (d) for individuals
serving in the judicial branch.
SEC. 4. ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT
FUND.
(a) Relating to Fiscal Years 1994 and 1995.--
(1) In general.--In addition to any other payments which it
is required to make under subchapter III of chapter 83 of
title 5, United States Code, an agency shall remit to the
Office of Personnel Management for deposit in the Treasury of
the United States to the credit of the Civil Service
Retirement and Disability Fund an amount equal to 9 percent
of the final basic pay of each employee of the agency--
(A) who, on or after the date of the enactment of this Act
and before October 1, 1995, retires under section 8336(d)(2)
of such title; and
(B) to whom a voluntary separation incentive payment has
been or is to be paid by such agency based on that
retirement.
(2) Definitions.--For the purpose of this subsection--
(A) the term ``final basic pay'', with respect to an
employee, means the total amount of basic pay which would be
payable for a year of service by such employee, computed
using the employee's final rate of basic pay, and, if last
serving on other than a full-time basis, with appropriate
adjustment therefor; and
(B) the term ``voluntary separation incentive payment''
means--
(i) a voluntary separation incentive payment under section
3 (including under any program established under section
3(f)); and
(ii) any separation pay under section 5597 of title 5,
United States Code, or section 2 of the Central Intelligence
Agency Voluntary Separation Pay Act (Public Law 103-36; 107
Stat. 104).
(b) Relating to Fiscal Years 1995 Through 1998.--
(1) In general.--In addition to any other payments which it
is required to make under subchapter III of chapter 83 or
chapter 84 of title 5, United States Code, in fiscal years
1995, 1996, 1997, and 1998 (and in addition to any amounts
required under subsection (a)), each agency shall, before the
end of each such fiscal year, remit to the Office of
Personnel Management for deposit in the Treasury of the
United States to the credit of the Civil Service Retirement
and Disability Fund an amount equal to the product of--
(A) the number of employees of such agency who, as of March
31st of such fiscal year, are subject to subchapter III of
chapter 83 or chapter 84 of such title; multiplied by
(B) $80.
(2) Definition.--For the purpose of this subsection, the
term ``agency'' means an Executive agency (as defined by
section 105 of title 5, United States Code), but does not
include the General Accounting Office.
(c) Regulations.--The Director of the Office of Personnel
Management may prescribe any regulations necessary to carry
out this section.
SEC. 5. REDUCTION OF FEDERAL FULL-TIME EQUIVALENT POSITIONS.
(a) Definition.--For the purpose of this section, the term
``agency'' means an Executive agency (as defined by section
105 of title 5, United States Code), but does not include the
General Accounting Office.
(b) Limitations on Full-Time Equivalent Positions.--The
President, through the Office of Management and Budget (in
consultation with the Office of Personnel Management), shall
ensure that the total number of full-time equivalent
positions in all agencies shall not exceed--
(1) 2,084,600 during fiscal year 1994;
(2) 2,043,300 during fiscal year 1995;
(3) 2,003,300 during fiscal year 1996;
(4) 1,963,300 during fiscal year 1997;
(5) 1,922,300 during fiscal year 1998; and
(6) 1,882,300 during fiscal year 1999.
(c) Monitoring and Notification.--The Office of Management
and Budget, after consultation with the Office of Personnel
Management, shall--
(1) continuously monitor all agencies and make a
determination on the first date of each quarter of each
applicable fiscal year of whether the requirements under
subsection (b) are met; and
(2) notify the President and the Congress on the first date
of each quarter of each applicable fiscal year of any
determination that any requirement of subsection (b) is not
met.
(d) Compliance.--If, at any time during a fiscal year, the
Office of Management and Budget notifies the President and
the Congress that any requirement under subsection (b) is not
met, no agency may hire any employee for any position in such
agency until the Office of Management and Budget notifies the
President and the Congress that the total number of full-time
equivalent positions for all agencies equals or is less than
the applicable number required under subsection (b).
(e) Waiver.--
(1) Emergencies.--Any provision of this section may be
waived upon a determination by the President that--
(A) the existence of a state of war or other national
security concern so requires; or
(B) the existence of an extraordinary emergency threatening
life, health, safety, property, or the environment so
requires.
(2) Agency efficiency or critical mission.--
(A) Subsection (d) may be waived, in the case of a
particular position or category of positions in an agency,
upon a determination of the President that the efficiency of
the agency or the performance of a critical agency mission so
requires.
(B) Whenever the President grants a waiver pursuant to
subparagraph (A), the President shall take all necessary
actions to ensure that the overall limitations set forth in
subsection (b) are not exceeded.
(f) Employment Backfill Prevention.--
(1) In general.--The total number of funded employee
positions in all agencies (excluding the Department of
Defense and the Central Intelligence Agency) shall be reduced
by one position for each vacancy created by the separation of
any employee who has received, or is due to receive, a
voluntary separation incentive payment under section 3 (a)-
(e). For purposes of this subsection, positions and vacancies
shall be counted on a full-time-equivalent basis.
(2) Related restriction.--No funds budgeted for and
appropriated by any Act for salaries or expenses of positions
eliminated under this subsection may be used for any purpose
other than authorized separation costs.
(g) Limitation on Procurement of Service Contracts.--The
President shall take appropriate action to ensure that there
is no increase in the procurement of service contracts by
reason of the enactment of this Act, except in cases in which
a cost comparison demonstrates such contracts would be to the
financial advantage of the Federal Government.
SEC. 6. SUBSEQUENT EMPLOYMENT AND REPAYMENT OF SEPARATION
PAYMENT.
(a) Defense Agency Separation Pay.--Section 5597 of title
5, United States Code, is amended by adding at the end the
following:
``(g)(1) An employee who receives separation pay under this
section on the basis of a separation occurring on or after
the date of the enactment of the Federal Workforce
Restructuring Act of 1994 and accepts employ-
[[Page 219]]
ment with the Government of the United States within 5 years
after the date of the separation on which payment of the
separation pay is based shall be required to repay the entire
amount of the separation pay to the defense agency that paid
the separation pay.
``(2) If the employment is with an Executive agency, the
Director of the Office of Personnel Management may, at the
request of the head of the agency, waive the repayment if the
individual involved possesses unique abilities and is the
only qualified applicant available for the position.
``(3) If the employment is with an entity in the
legislative branch, the head of the entity or the appointing
official may waive the repayment if the individual involved
possesses unique abilities and is the only qualified
applicant available for the position.
``(4) If the employment is with the judicial branch, the
Director of the Administrative Office of the United States
Courts may waive the repayment if the individual involved
possesses unique abilities and is the only qualified
applicant available for the position.''.
(b) Central Intelligence Agency Separation Payment.--
Section 2(b) of the Central Intelligence Agency Voluntary
Separation Pay Act (Public Law 103-36; 107 Stat. 104) is
amended by adding at the end the following: ``An employee who
receives separation pay under this section on the basis of a
separation occurring on or after the date of the enactment of
the Federal Workforce Restructuring Act of 1994 and accepts
employment with the Government of the United States within 5
years after the date of the separation on which payment of
the separation pay is based shall be required to repay the
entire amount of the separation pay to the Central
Intelligence Agency. If the employment is with an Executive
agency (as defined by section 105 of title 5, United States
Code), the Director of the Office of Personnel Management
may, at the request of the head of the agency, waive the
repayment if the individual involved possesses unique
abilities and is the only qualified applicant available for
the position. If the employment is with an entity in the
legislative branch, the head of the entity or the appointing
official may waive the repayment if the individual involved
possesses unique abilities and is the only qualified
applicant available for the position. If the employment is
with the judicial branch, the Director of the Administrative
Office of the United States Courts may waive the repayment if
the individual involved possesses unique abilities and is the
only qualified applicant available for the position.''.
SEC. 7. STANDARDIZATION OF WITHDRAWAL OPTIONS FOR THRIFT
SAVINGS PLAN PARTICIPANTS.
(a) Participation in the Thrift Savings Plan.--Section
8351(b) of title 5, United States Code, is amended--
(1) by amending paragraph (4) to read as follows:
``(4) Section 8433(b) of this title applies to any employee
or Member who elects to make contributions to the Thrift
Savings Fund under subsection (a) of this section and
separates from Government employment.'';
(2) by striking paragraphs (5), (6), and (8);
(3) by redesignating paragraphs (7), (9), and (10) as
paragraphs (5), (6), and (7), respectively;
(4) in paragraph (5)(C) (as so redesignated by paragraph
(3) of this subsection) by striking ``or former spouse'' each
place it appears;
(5) by amending paragraph (6) (as so redesignated by
paragraph (3) of this subsection) to read as follows:
``(6) Notwithstanding paragraph (4), if an employee or
Member separates from Government employment and such
employee's or Member's nonforfeitable account balance is
$3,500 or less, the Executive Director shall pay the
nonforfeitable account balance to the participant in a single
payment unless the employee or Member elects, at such time
and otherwise in such manner as the Executive Director
prescribes, one of the options available under subsection
(b).''; and
(6) in paragraph (7) (as so redesignated by paragraph (3)
of this subsection) by striking ``nonforfeiture'' and
inserting ``nonforfeitable''.
(b) Benefits and Election of Benefits.--Section 8433 of
title 5, United States Code, is amended--
(1) in subsection (b) by striking the matter before
paragraph (1) and inserting the following:
``(b) Subject to section 8435 of this title, any employee
or Member who separates from Government employment is
entitled and may elect--'';
(2) by striking subsections (c) and (d) and redesignating
subsections (e) through (i) as subsections (c) through (g),
respectively;
(3) in subsection (c)(1) (as so redesignated by paragraph
(2) of this subsection) by striking ``or (c)(4) or required
under subsection (d) directly to an eligible retirement plan
or plans (as defined in section 402(a)(5)(E) of the Internal
Revenue Code of 1954)'' and inserting ``directly to an
eligible retirement plan or plans (as defined in section
402(c)(8) of the Internal Revenue Code of 1986)'';
(4) in subsection (d)(2) (as so redesignated by paragraph
(2) of this subsection) by striking ``or (c)(2)''; and
(5) in subsection (f) (as so redesignated by paragraph (2)
of this subsection)--
(A) by striking paragraph (1) and redesignating paragraphs
(2) and (3) as paragraphs (1) and (2), respectively; and
(B) in paragraph (1) (as so redesignated by subparagraph
(A) of this paragraph)--
(i) by striking ``Notwithstanding subsections (b) and (c),
if an employee or Member separates from Government employment
under circumstances making such employee or Member eligible
to make an election under either of those subsections, and
such employee's or Member's'' and inserting ``Notwithstanding
subsection (b), if an employee or Member separates from
Government employment, and such employee's or Member's''; and
(ii) by striking ``or (c), as applicable''; and
(C) in paragraph (2) (as so redesignated by subparagraph
(A) of this paragraph) by striking ``paragraphs (1) and (2)''
and inserting ``paragraph (1)''.
(c) Annuities: Methods of Payment; Election; Purchase.--
Section 8434(c) of title 5, United States Code, is amended to
read as follows:
``(c) Notwithstanding the elimination of a method of
payment by the Board, an employee, Member, former employee,
or former Member may elect the eliminated method if the
elimination of such method becomes effective less than 5
years before the date on which that individual's annuity
commences.''.
(d) Protections for Spouses and Former Spouses.--Section
8435 of title 5, United States Code, is amended--
(1) in subsection (a)(1)(A) by striking ``subsection
(b)(3), (b)(4), (c)(3), or (c)(4) of section 8433 of this
title or change an election previously made under subsection
(b)(1), (b)(2), (c)(1), or (c)(2)'' and inserting
``subsection (b)(3) or (b)(4) of section 8433 of this title
or change an election previously made under subsection (b)(1)
or (b)(2)'';
(2) by striking subsection (b);
(3) by redesignating subsections (c) through (i) as
subsections (b) through (h), respectively;
(4) in subsection (b) (as so redesignated by paragraph (3)
of this subsection) by amending paragraph (2) to read as
follows:
``(2) Paragraph (1) shall not apply if--
``(A) a joint waiver of such method is made, in writing, by
the employee or Member and the spouse; or
``(B) the employee or Member waives such method, in
writing, after establishing to the satisfaction of the
Executive Director that circumstances described under
subsection (a)(2) (A) or (B) make the requirement of a joint
waiver inappropriate.''; and
(5) in subsection (c)(1) (as so redesignated by paragraph
(3) of this subsection) by striking ``and a transfer may not
be made under section 8433(d) of this title''.
(e) Justices and Judges.--Section 8440a(b) of title 5,
United States Code, is amended--
(1) in paragraph (5) by striking ``Section 8433(d)'' and
inserting ``Section 8433(b)''; and
(2) by striking paragraphs (7) and (8) and inserting the
following:
``(7) Notwithstanding paragraphs (4) and (5), if any
justice or judge retires under subsection (a) or (b) of
section 371 or section 372(a) of title 28, or resigns without
having met the age and service requirements set forth under
section 371(c) of title 28, and such justice's or judge's
nonforfeitable account balance is $3,500 or less, the
Executive Director shall pay the nonforfeitable account
balance to the participant in a single payment unless the
justice or judge elects, at such time and otherwise in such
manner as the Executive Director prescribes, one of the
options available under section 8433(b).''.
(f) Bankruptcy Judges and Magistrates.--Section 8440b of
title 5, United States Code, is amended--
(1) in subsection (b)(4) by amending subparagraph (B) to
read as follows:
``(B) Section 8433(b) of this title applies to any
bankruptcy judge or magistrate who elects to make
contributions to the Thrift Savings Fund under subsection (a)
of this section and who retires before attaining age 65 but
is entitled, upon attaining age 65, to an annuity under
section 377 of title 28 or section 2(c) of the Retirement and
Survivors Annuities for Bankruptcy Judges and Magistrates Act
of 1988.'';
(2) in subsection (b)(4)(C) by striking ``Section 8433(d)''
and inserting ``Section 8433(b)'';
(3) in subsection (b)(5) by striking ``retirement under
section 377 of title 28 is'' and inserting ``any of the
actions described under paragraph (4) (A), (B), or (C) shall
be considered'';
(4) in subsection (b) by striking paragraph (8) and
redesignating paragraph (9) as paragraph (8); and
(5) in paragraph (8) of subsection (b) (as so redesignated
by paragraph (4) of this subsection)--
(A) by striking ``Notwithstanding subparagraphs (A) and (B)
of paragraph (4), if any bankruptcy judge or magistrate
retires under circumstances making such bankruptcy judge or
magistrate eligible to make an election under subsection (b)
or (c)'' and inserting ``Notwithstanding paragraph (4), if
any bankruptcy judge or magistrate retires under
circumstances making such bankruptcy judge or magistrate
eligible to make an election under subsection (b)''; and
(B) by striking ``and (c), as applicable''.
(g) Claims Court Judges.--Section 8440c of title 5, United
States Code, is amended--
(1) in subsection (b)(4)(B) by striking ``Section 8433(d)''
and inserting ``Section 8433(b)'';
(2) in subsection (b)(5) by striking ``retirement under
section 178 of title 28 is'' and inserting ``any of the
actions described in paragraph (4) (A) or (B) shall be
considered'';
(3) in subsection (b) by striking paragraph (8) and
redesignating paragraph (9) as paragraph (8); and
(4) in paragraph (8) (as so redesignated by paragraph (3)
of this subsection) by striking ``Notwithstanding paragraph
(4)(A)'' and inserting ``Notwithstanding paragraph (4)''.
[[Page 220]]
(h) Judges of the United States Court of Veterans
Appeals.--Section 8440d(b)(5) of title 5, United States Code,
is amended by striking ``A transfer shall be made as provided
in section 8433(d) of this title'' and inserting ``Section
8433(b) of this title applies''.
(i) Technical and Conforming Amendments.--Title 5, United
States Code, is amended--
(1) in section 8351(b)(5)(B) (as so redesignated by
subsection (a)(3) of this section) by striking ``section
8433(i)'' and inserting ``section 8433(g)'';
(2) in section 8351(b)(5)(D) (as so redesignated by
subsection (a)(3) of this section) by striking ``section
8433(i)'' and inserting ``section 8433(g)'';
(3) in section 8433(b)(4) by striking ``subsection (e)''
and inserting ``subsection (c)'';
(4) in section 8433(d)(1) (as so redesignated by subsection
(b)(2) of this section) by striking ``(d) of section 8435''
and inserting ``(c) of section 8435'';
(5) in section 8433(d)(2) (as so redesignated by subsection
(b)(2) of this section) by striking ``section 8435(d)'' and
inserting ``section 8435(c)'';
(6) in section 8433(e) (as so redesignated by subsection
(b)(2) of this section) by striking ``section 8435(d)(2)''
and inserting ``section 8435(c)(2)'';
(7) in section 8433(g)(5) (as so redesignated by subsection
(b)(2) of this section) by striking ``section 8435(f)'' and
inserting ``section 8435(e)'';
(8) in section 8434(b) by striking ``section 8435(c)'' and
inserting ``section 8435(b)'';
(9) in section 8435(a)(1)(B) by striking ``subsection (c)''
and inserting ``subsection (b)'';
(10) in section 8435(d)(1)(B) (as so redesignated by
subsection (d)(3) of this section) by striking ``subsection
(d)(2)'' and inserting ``subsection (c)(2)'';
(11) in section 8435(d)(3)(A) (as so redesignated by
subsection (d)(3) of this section) by striking ``subsection
(c)(1)'' and inserting ``subsection (b)(1)'';
(12) in section 8435(d)(6) (as so redesignated by
subsection (d)(3) of this section) by striking ``or (c)(2)''
and inserting ``or (b)(2)'';
(13) in section 8435(e)(1)(A) (as so redesignated by
subsection (d)(3) of this section) by striking ``section
8433(i)'' and inserting ``section 8433(g)'';
(14) in section 8435(e)(2) (as so redesignated by
subsection (d)(3) of this section) by striking ``section
8433(i) of this title shall not be approved if approval would
have the result described in subsection (d)(1)'' and
inserting ``section 8433(g) of this title shall not be
approved if approval would have the result described under
subsection (c)(1)'';
(15) in section 8435(g) (as so redesignated by subsection
(d)(3) of this section) by striking ``section 8433(i)'' and
inserting ``section 8433(g)'';
(16) in section 8437(c)(5) by striking ``section 8433(i)''
and inserting ``section 8433(g)''; and
(17) in section 8440a(b)(6) by striking ``section
8351(b)(7)'' and inserting ``section 8351(b)(5)''.
(j) Effective Date.--This section shall take effect 1 year
after the date of the enactment of this Act or on such
earlier date as the Executive Director of the Federal
Retirement Thrift Investment Board shall provide in
regulation.
SEC. 8. AMENDMENTS TO ALASKA RAILROAD TRANSFER ACT OF 1982
REGARDING FORMER FEDERAL EMPLOYEES.
(a) Applicability of Voluntary Separation Incentives to
Certain Former Federal Employees.--Section 607(a) of the
Alaska Railroad Transfer Act of 1982 (45 U.S.C. 1206(a)) is
amended by adding at the end the following:
``(4)(A) The State-owned railroad shall be included in the
definition of `agency' for purposes of section 3 (a), (b),
(c), and (e) of the Federal Workforce Restructuring Act of
1994 and may elect to participate in the voluntary separation
incentive program established under such Act. Any employee of
the State-owned railroad who meets the qualifications as
described under the first sentence of paragraph (1) shall be
deemed an employee under such Act.
``(B) An employee who has received a voluntary separation
incentive payment under this paragraph and accepts employment
with the State-owned railroad within 5 years after the date
of separation on which payment of the incentive is based
shall be required to repay the entire amount of the incentive
payment unless the head of the State-owned railroad
determines that the individual involved possesses unique
abilities and is the only qualified applicant available for
the position.''.
(b) Life and Health Insurance Benefits.--Section 607 of the
Alaska Railroad Transfer Act of 1982 (45 U.S.C. 1206) is
amended by striking subsection (e) and inserting the
following:
``(e)(1) Any person described under the provisions of
paragraph (2) may elect life insurance coverage under chapter
87 of title 5, United States Code, and enroll in a health
benefits plan under chapter 89 of title 5, United States
Code, in accordance with the provisions of this subsection.
``(2) The provisions of paragraph (1) shall apply to any
person who--
``(A) on the date of the enactment of the Federal Workforce
Restructuring Act of 1994, is an employee of the State-owned
railroad;
``(B) has 20 years or more of service (in the civil service
as a Federal employee or as an employee of the State-owned
railroad, combined) on the date of retirement from the State-
owned railroad; and
``(C)(i) was covered under a life insurance policy pursuant
to chapter 87 of title 5, United States Code, on January 4,
1985, for the purpose of electing life insurance coverage
under the provisions of paragraph (1); or
``(ii) was enrolled in a health benefits plan pursuant to
chapter 89 of title 5, United States Code, on January 4,
1985, for the purpose of enrolling in a health benefits plan
under the provisions of paragraph (1).
``(3) For purposes of this section, any person described
under the provisions of paragraph (2) shall be deemed to have
been covered under a life insurance policy under chapter 87
of title 5, United States Code, and to have been enrolled in
a health benefits plan under chapter 89 of title 5, United
States Code, during the period beginning on January 5, 1985,
through the date of retirement of any such person.
``(4) The provisions of paragraph (1) shall not apply to
any person described under paragraph (2) until the date such
person retires from the State-owned railroad.''.
The SPEAKER pro tempore, Mr. KLINK, recognized Mr. CLAY and Mr. MYERS,
each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said resolution?
The SPEAKER pro tempore, Mr. KLINK, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said resolution was agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
Para. 19.8 message from the president--1994 trade policy
The SPEAKER pro tempore, Mr. KLINK, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
As required by section 163 of the Trade Act of 1974, as amended (19
U.S.C. 2213), I transmit herewith the 1994 Trade Policy Agenda and 1993
Annual Report on the Trade Agreements Program.
William J. Clinton.
The White House, March 8, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Ways and Means.
Para. 19.9 message from the president--corporation for public
broadcasting
The SPEAKER pro tempore, Mr. KLINK, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
As required by section 19(3) of Public Telecommunications Act of 1992
(Public Law 102-356), I transmit herewith the report of the Corporation
for Public Broadcasting.
William J. Clinton.
The White House, March 8, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Energy and Commerce.
Para. 19.10 recess--12:43 p.m.
The SPEAKER pro tempore, Mr. KLINK, pursuant to clause 12 of rule I,
declared the House in recess until 5:00 p.m.
Para. 19.11 after recess--5:03 p.m.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, called the House to
order.
Para. 19.12 unfinished business--approval of the journal
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, pursuant to clause
5, rule I, announced the unfinished business to be the question on
agreeing to the Chair's approval of the Journal of Monday, March 7,
1994.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that the
yeas had it.
Mr. ALLARD objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
[[Page 221]]
Yeas
211
When there appeared
<3-line {>
Nays
132
Para. 19.13 [Roll No. 42]
YEAS--211
Abercrombie
Ackerman
Andrews (NJ)
Applegate
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Beilenson
Bevill
Bilbray
Bishop
Bonior
Borski
Boucher
Brewster
Browder
Brown (FL)
Brown (OH)
Byrne
Callahan
Cantwell
Cardin
Carr
Chapman
Clayton
Clement
Clinger
Clyburn
Collins (IL)
Collins (MI)
Combest
Condit
Cooper
Coppersmith
Costello
Coyne
Danner
Darden
Deal
DeLauro
Deutsch
Dixon
Dooley
Durbin
Edwards (TX)
Engel
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Greenwood
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hayes
Hefner
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inglis
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kingston
Kleczka
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Livingston
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCurdy
McDermott
McHale
McInnis
McKinney
McNulty
Meek
Menendez
Mfume
Mineta
Minge
Mink
Mollohan
Montgomery
Moran
Myers
Neal (NC)
Nussle
Oberstar
Olver
Orton
Owens
Oxley
Pallone
Parker
Pastor
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Richardson
Roemer
Rose
Rowland
Roybal-Allard
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Scott
Serrano
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Snowe
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tauzin
Thompson
Thornton
Thurman
Torres
Towns
Traficant
Tucker
Unsoeld
Velazquez
Vento
Volkmer
Waters
Waxman
Wheat
Williams
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--132
Allard
Bachus (AL)
Baker (CA)
Ballenger
Barrett (NE)
Bartlett
Bentley
Bereuter
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Buyer
Calvert
Camp
Canady
Castle
Coble
Collins (GA)
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dreier
Duncan
Dunn
Ehlers
Emerson
Ewing
Fawell
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gingrich
Goodlatte
Goodling
Goss
Grams
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Hutchinson
Hyde
Inhofe
Istook
Johnson (CT)
Kim
King
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Manzullo
McCandless
McCollum
McDade
McHugh
McKeon
McMillan
Meyers
Mica
Michel
Miller (CA)
Miller (FL)
Molinari
Moorhead
Murphy
Packard
Paxon
Petri
Porter
Portman
Pryce (OH)
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Saxton
Schaefer
Schiff
Schroeder
Sensenbrenner
Shays
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Walker
Walsh
Wolf
Young (AK)
Zeliff
Zimmer
NOT VOTING--90
Andrews (ME)
Andrews (TX)
Archer
Armey
Bacchus (FL)
Baker (LA)
Barton
Becerra
Berman
Bilirakis
Blackwell
Brooks
Brown (CA)
Bryant
Burton
Clay
Coleman
Conyers
Cox
Cramer
Crane
de la Garza
DeFazio
Dellums
Derrick
Dicks
Dingell
Dornan
Edwards (CA)
English
Fields (TX)
Flake
Foglietta
Ford (MI)
Ford (TN)
Gallo
Geren
Gibbons
Grandy
Green
Hall (TX)
Hastings
Hilliard
Houghton
Huffington
Hunter
Jacobs
Johnson, E. B.
Johnson, Sam
Klein
Lipinski
Lloyd
Machtley
McCloskey
McCrery
Meehan
Moakley
Morella
Murtha
Nadler
Natcher
Neal (MA)
Obey
Ortiz
Payne (NJ)
Quillen
Quinn
Reynolds
Rostenkowski
Roukema
Rush
Santorum
Schumer
Sharp
Shaw
Shuster
Smith (TX)
Swett
Tanner
Tejeda
Torricelli
Valentine
Visclosky
Vucanovich
Washington
Watt
Weldon
Whitten
Wilson
Young (FL)
So the Journal was approved.
Para. 19.14 hour of meeting
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 12
o'clock noon on Wednesday, March 9, 1994.
Para. 19.15 permission to file report
On motion of Mr. SABO, by unanimous consent, the Committee on the
Budget was granted permission until midnight tonight to file a report
(Rept. No. 103-428) on the budget resolution for fiscal year 1995.
And then,
Para. 19.16 adjournment
On motion of Mr. MFUME, pursuant to the special order heretofore
agreed to, at 5 o'clock and 36 minutes p.m., the House adjourned until
12 o'clock noon on Wednesday, March 9, 1994.
Para. 19.17 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. SABO: Committee on the Budget. House Concurrent
Resolution 218. Resolution setting forth the congressional
budget for the U.S. Government for fiscal years 1995, 1996,
1997, 1998, and 1999 (Rept. No. 103-428). Referred to the
Committee of the Whole House on the State of the Union.
Para. 19.18 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. LEHMAN (for himself, Mrs. Vucanovich, and Mr.
Miller of California):
H.R. 3967. A bill to amend the Helium Act to prohibit the
Bureau of Mines from refining helium and selling refined
helium, to dispose of the U.S. helium reserve, and for other
purposes; to the Committee on Natural Resources.
By Mr. HUGHES:
H.R. 3968. A bill to provide grants to States to assist in
the incarceration of violent repeat offenders and to manage
the problems associated with overcapacity in correctional
facilities and programs and to support comprehensive programs
that will reduce the rate of recidivism; to the Committee on
the Judiciary.
By Mr. BOEHNER (for himself, Mr. Roberts, Mr. Stenholm,
Mr. Smith of Oregon, Mr. Combest, Mr. Darden, Mr.
Kingston, Mr. Emerson, Mr. Bishop, Mr. DeLay, Mr.
Tejeda, Mr. McCrery, Mr. Livingston, Mr. Barlow, Mr.
Linder, Mr. Taylor of North Carolina, Mr. Parker, Mr.
Baesler, Mr. Hansen, Ms. Danner, Mr. Poshard, Mr.
Lancaster, Mr. Bonilla, Mr. Crapo, Mr. Bunning, Mr.
Wilson, Mr. Doolittle, Mr. Minge, Mr. Ewing, Mr.
Hayes, Mr. Hoagland, Mr. Baker of Louisiana, Mr.
Oxley, and Ms. Kaptur):
H.R. 3969. A bill to amend the Federal Insecticide,
Fungicide, and Rodenticide Act to provide State, Federal, and
Tribal agencies with sufficient time to implement certain
pesticide safety training programs; to the Committee on
Agriculture.
By Mr. CARDIN:
H.R. 3970. A bill to amend the Internal Revenue Code of
1986 to clarify provisions relating to church pension benefit
plans, to modify certain provisions relating to participants
in such plans, to reduce the complexity of and to bring
workable consistency to the applicable rules, to promote
retirement savings and benefits, and for other purposes; to
the Committee on Ways and Means.
By Mr. COX:
H.R. 3971. A bill to amend title 18, United States Code, to
exempt qualified former agents of the Federal Bureau of
Investigation from State laws prohibiting the carrying of
concealed firearms; to the Committee on the Judiciary.
By Mr. HAMBURG:
H.R. 3972. A bill to designate the visitors center at Warm
Springs Dam, CA, as the ``Milt Brandt Visitors Center''; to
the Committee on Public Works and Transportation.
By Mr. HOYER (for himself and Mr. Moran):
H.R. 3973. A bill to expand the boundaries of the
Piscataway National Park, and for other purposes; to the
Committee on Natural Resources.
By Mr. LEACH:
H.R. 3974. A bill to provide for fair trade in insurance
services, and for other purposes; jointly, to the Committees
on Energy and Commerce and Ways and Means.
By Mr. McCLOSKEY:
H.R. 3975. A bill to establish temporary measures to
facilitate the reemployment of Federal employees who are
involuntarily separated from teaching positions abroad; to
amend title 5, United States Code, with respect to continuing
health benefits for such
[[Page 222]]
employees, and for other purposes; jointly, to the Committees
on Post Office and Civil Service and Education and Labor.
By Ms. MOLINARI:
H.R. 3976. A bill to amend the Act establishing the Gateway
National Recreation Area to provide for the management of
Fort Wadsworth by the Secretary of the Interior, and for
other purposes; to the Committee on Natural Resources.
By Mr. PETERSON of Florida:
H.R. 3977. A bill to reform the grave marker allowance for
veterans; to the Committee on Veterans' Affairs.
By Mr. POMBO:
H.R. 3978. A bill to amend the Endangered Species Act of
1973 to provide for the conservation of threatened species
and endangered species, to assure balanced consideration of
scientific, economic, and social factors in the
implementation of the act, to provide for scientific peer
review of determinations made under the act, to provide
private property protections, to remove obsolete provisions,
and for other purposes; to the Committee on Merchant Marine
and Fisheries.
By Mr. SCHUMER (for himself and Mr. Hyde):
H.R. 3979. A bill to amend title 18, United States Code,
with respect to certain mandatory minimum sentences; to the
Committee on the Judiciary.
By Mr. SCHUMER (by request):
H.R. 3980. A bill to support and assist drug courts;
jointly, to the Committees on the Judiciary and Energy and
Commerce.
By Mr. SCHUMER (for himself (by request), Mr. Hoyer,
Mr. Mazzoli, Mr. Glickman, Mr. Sangmeister, Mr. Mann,
Mr. McCollum, Mr. Ramstad, Mr. Livingston, Mr. Royce,
Mr. Manton, and Ms. Byrne):
H.R. 3981. A bill to provide mandatory life imprisonment
for persons convicted of a third violent felony; to the
Committee on the Judiciary.
By Mr. WELDON (for himself and Mr. Ortiz):
H.R. 3982. A bill entitled ``The Ocean Radioactive Dumping
Ban Act of 1994''; to the Committee on Merchant Marine and
Fisheries.
By Mr. DOOLITTLE:
H.J. Res. 331. A joint resolution designating May 1994, as
``National Community Residential Care Month''; to the
Committee on Post Office and Civil Service.
By Mr. GILMAN:
H. Con. Res. 216. Concurrent resolution expressing the
sense of the Congress regarding human rights in Vietnam; to
the Committee on Foreign Affairs.
By Mr. NADLER:
H. Con. Res. 217. Concurrent resolution expressing the
sense of the Congress that any comprehensive health care
reform legislation that is enacted should ensure that women
receive appropriate breast and cervical cancer screenings and
general gynecological care consistent with current medical
standards; jointly, to the Committees on Energy and Commerce
and Ways and Means.
By Mr. CLAY:
H. Res. 380. Resolution providing for the concurrence by
the House with an amendment to the amendment of the Senate to
H.R. 3345; considered under suspension of the rules and
agreed to.
By Mr. HEFLEY (for himself, Mr. Bachus of Alabama, Mr.
Bunning, Mr. Burton of Indiana, Mr. Canady, Mr.
Doolittle, Mr. Emerson, Mr. Gallegly, Mr. Gingrich,
Mr. Hansen, Ms. Dunn, Mr. King, Mr. Lightfoot, Mr.
Livingston, Mr. McHugh, Mr. Myers of Indiana, Mr.
Portman, Mr. Ramstad, Mr. Stump, Mr. Sundquist, Mr.
Torkildsen, and Mr. Linder):
H. Res. 381. Resolution amending the Rules of the House of
Representatives to require a three-fifths majority vote to
pass any bill, joint resolution, amendment, or conference
report raising revenues; to the Committee on Rules.
Para. 19.19 memorials
Under clause 4 of rule XXII,
294. The SPEAKER presented a memorial of the House of
Representatives of the State of Louisiana, relative to
amending the Oil Pollution Act of 1990 with respect to the
financial responsibility requirements for offshore
exploration and production facilities; jointly, to the
Committees on Merchant Marine and Fisheries and Public Works
and Transportation.
Para. 19.20 private bills and resolutions
Under clause 1 of rule XXII,
Mr. HOYER introduced a bill (H.R. 3983) to authorize the
Secretary of Transportation to issue a certificate of
documentation with appropriate endorsement for employment in
the coastwise trade for the vessel Sunshine; which was
referred to the Committee on Merchant Marine and Fisheries.
Para. 19.21 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 27: Mr. Sanders.
H.R. 171: Mr. Fish.
H.R. 173: Mr. Baker of Louisiana.
H.R. 369: Mr. McMillan and Mr. Goodling.
H.R. 372: Mr. Allard, Mr. Cox, Mr. Upton, and Mr. Zeliff.
H.R. 702: Mr. Peterson of Minnesota, Mrs. Schroeder, Mr.
Sarpalius, Mrs. Lloyd, and Mr. Owens.
H.R. 769: Mr. Rose.
H.R. 885: Mr. Stump and Mr. Barca of Wisconsin.
H.R. 1055: Mr. Baker of Louisiana.
H.R. 1181: Ms. Eshoo and Mr. Strickland.
H.R. 1517: Mr. Martinez, Mr. Strickland, Mr. Lipinski, and
Mr. Filner.
H.R. 1551: Ms. Eddie Bernice Johnson of Texas, Mr. Myers of
Indiana, Mr. Johnston of Florida, and Mr. Machtley.
H.R. 1671: Mr. Frank of Massachusetts.
H.R. 1712: Mr. Buyer, Mrs. Fowler, and Mr. Baker of
Louisiana.
H.R. 1815: Mr. Pombo.
H.R. 1900: Mrs. Kennelly and Mr. Barca of Wisconsin.
H.R. 1968: Mr. Nadler and Mr. Horn.
H.R. 1981: Mr. Tauzin, Mr. Johnson of Georgia, and Mr.
Kingston.
H.R. 1986: Mr. Gekas, Mr. Pastor, Mr. Dornan, Mr. Parker,
Mr. Gallegly, Mr. Neal of North Carolina, and Mr. Fish.
H.R. 2135: Mr. Frank of Massachusetts and Mr. Bilbray.
H.R. 2159: Mr. Johnson of South Dakota.
H.R. 2207: Mr. Solomon.
H.R. 2479: Mr. Fish, Mr. Clay, Mr. Manton, Mrs. Roukema,
Mr. Blackwell, Mr. Matsui, and Mr. Murtha.
H.R. 2623: Mr. Bachus of Alabama.
H.R. 2654: Mr. Doolittle and Mrs. Lloyd.
H.R. 2767: Mr. Montgomery.
H.R. 2866: Mr. Sarpalius and Mr. Jefferson.
H.R. 2910: Mr. Grams, Mr. Hastert, Mr. McMillan, Mr. Mica,
Mr. Minge, Mr. Slattery, Mr. Stenholm, and Mr. Upton.
H.R. 3014: Ms. Danner and Mr. Gephardt.
H.R. 3097: Ms. McKinney.
H.R. 3136: Mr. Evans.
H.R. 3271: Mr. Solomon.
H.R. 3293: Mr. Owens and Mr. Callahan.
H.R. 3328: Mr. Fish.
H.R. 3333: Mr. Boehner.
H.R. 3363: Mr. Gingrich.
H.R. 3431: Ms. Furse.
H.R. 3455: Mr. Blute, Mr. Ewing, and Mr. Jacobs.
H.R. 3508: Mr. Oberstar.
H.R. 3513: Mr. Fish.
H.R. 3622: Mr. Baker of Louisiana.
H.R. 3656: Mr. Linder.
H.R. 3663: Mr. Thompson, Mr. Stark, Mr. Torres, and Ms.
Ros-Lehtinen.
H.R. 3727: Mr. Boehner.
H.R. 3762: Mr. McKeon.
H.R. 3795: Mr. Klug, Mr. Buyer, and Mr. Stump.
H.R. 3796: Mr. Ballenger, Mr. Fish, and Ms. Pryce of Ohio.
H.R. 3830: Ms. Brown of Florida Mr. Pastor, Mr. Skelton,
and Mr. Smith of Iowa.
H.R. 3860: Mr. Wilson and Mr. Ballenger.
H.R. 3862: Mr. Hefley.
H.R. 3873: Mr. Borski, Mr. Engel, Mr. Klein, and Mr.
McDermott.
H.R. 3878: Mr. Kreidler.
H.R. 3879: Mr. Fingerhut, Mr. Chapman, Ms. Brown of
Florida, Mr. Klein, Mr. Frost, Mr. Martinez, Mr. Abercrombie,
Mr. Reynolds, Mr. Owens, Mr. Moran, Mr. Sharp, Mr. Spence,
Mr. Towns, Mr. Young of Alaska, Mr. Jacobs, Mr. Blute, Mr.
Neal of North Carolina, Mr. Whitten, Mr. Yates, Mr. Wynn, Mr.
Dixon, Mr. Hughes, Mr. Lantos, Mr. Kasich, Ms. Lambert, Mr.
Meehan, Mr. Neal of Massachusetts, Mr. Ravenel, Mr. Hall of
Ohio, Mrs. Mink of Hawaii, Mr. Synar, Mr. Tauzin, Mr.
Underwood, Mr. LaFalce, Mr. Cardin, Mr. Jefferson, Mr.
Schumer, Mr. Hayes, Mr. Wheat, and Mr. Fish.
H.R. 3900: Mr. Clay, Ms. Danner, Mr. Holden, Mr. Lipinski,
Mr. Mann, Mr. Minge, and Mr. Visclosky.
H.R. 3923: Mr. Fish.
H.R. 3926: Mr. Hochbrueckner, Mrs. Maloney, Mr. Blute, and
Mr. Fish.
H.R. 3932: Mr. Abercrombie.
H.R. 3939: Mr. Bereuter.
H.R. 3953: Mr. Peterson of Florida.
H.R. 3958: Mr. Inglis of South Carolina and Mr. Shays.
H.J. Res. 9: Mr. Levy.
H.J. Res. 21: Mr. Ewing.
H.J. Res. 44: Mrs. Bentley.
H.J. Res. 131: Mr. Condit and Mr. Cunningham.
H.J. Res. 276: Mr. de Lugo, Mr. Klein, Mr. McDade, Mr.
Sarpalius, Mr. Sanders, Mr. Martinez, Mr. Traficant, Mr.
Dixon, Mr. Sharp, Mr. Montgomery, Mr. Tauzin, Mr. Hyde, Mr.
Jacobs, Mr. Holden, Mr. Spence, Mr. Slattery, and Mr.
Peterson of Florida.
H.J. Res. 291: Mr. Minge, Mr. Farr, Mr. Gunderson, Mr.
Ewing, Mrs. Meek of Florida, Ms. Pelosi, Mr. Schumer, Mr.
Tucker, Mr. Scott, Mr. Owens, Mr. Fields of Louisiana, Mr.
Flake, Mr. Payne of New Jersey, Mr. Thompson, Mr. Wynn, Mr.
Ford of Tennessee, Mr. Rangel, Mr. Lewis of Georgia, Miss
Collins of Michigan, Mr. Franks of Connecticut, Mr. Stokes,
Mr. Richardson, Mr. Serrano, Mr. Menendez, Mrs. Schroeder,
Mrs. Thurman, Mr. Nadler, Mr. Montgomery, Mr. Klein, Ms.
Roybal-Allard, Mr. Kleczka, Mr. Hall of Ohio, Mr. Ford of
Michigan, Mr. Durbin, and Mr. Bishop.
H.J. Res. 293: Mr. McDermott, Mr. Martinez, Mr. Pastor, and
Mr. Tucker.
H.J. Res. 297: Mr. Ballenger and Mr. Blackwell.
H.J. Res. 303: Mr. Dixon, Mr. Faleomavaega, Mr. Torkildsen,
Mr. McNulty, Mr. Menendez, Mr. Dicks, Mr. Portman, Mr.
Wilson, Mr. Gunderson, Mr. Fish, and Mr. Solomon.
H.J. Res. 310: Mr. Reynolds, Mr. Dixon, Mr. Saxton, Ms.
Norton, Mr. Regula, Mr. Scott, Mr. Serrano, Mr. Stupak, Mr.
Boehlert, Ms. Woolsey, Mr. Peterson of Florida, Mr. Rowland,
Mr. Murtha, Mr. Mineta, Mr. Orton, Mrs. Fowler, Mr. McHugh,
and Mr. Hoyer.
[[Page 223]]
H.J. Res. 316: Ms. Eshoo, Mr. Lantos, Ms. DeLauro, Ms.
McKinney, Mr. Dixon, and Mr. Dingell.
H.J. Res. 317: Mr. Boehlert, Mr. LaRocco, Mrs. Meek of
Florida, Mr. Walsh, Mr. Thompson, Mr. Lightfoot, Mr. Stokes,
Mr. Rowland, Mr. Towns, Mr. Spratt, Mr. Gonzalez, Mr.
Quillen, Mr. Romero-Barcelo, Mr. Spence, Mr. Kennedy, Mr.
Sangmeister, Mr. Neal of Massachusetts, Mr. Fazio, Mr.
Oberstar, Mr. Leach, Mr. Gillmor, Mr. Payne of New Jersey,
Mr. Flake, Mr. Jacobs, Mr. Oxley, Mr. Solomon, Mr.
Hutchinson, Mr. Young of Alaska, Mr. Traficant, Mrs. Morella,
Mr. Pallone, Mr. Hochbrueckner, Mr. Kleczka, Mr. Tanner, Mr.
Wheat, Mr. Taylor of Mississippi, Mr. Whitten, Mr.
Torricelli, Mr. Bevill, Mr. Pastor, Mr. Laughlin, Mr. Frost,
Mr. Evans, Mr. Smith of Oregon, Mr. Rose, Mr. Glickman, Mr.
Stenholm, Mr. Martinez, Mr. Hilliard, Mr. Barlow, Mr.
Pomeroy, Ms. McKinney, Mr. Baesler, Mr. Dooley, Mr.
Appelgate, Mr. Brewster, Mr. Brown of Ohio, Mr. Callahan, Mr.
Calvert, Mr. Clement, Mr. Cramer, Mr. de Lugo, Mr. Coleman,
Mr. Hughes, Mr. Farr, Mr. Gallegly, Mr. McDermott, Mr. Hayes,
Mr. Parker, Mr. Klink, Mr. Gekas, Mr. McCloskey, Mr. Orton,
Ms. Kaptur, Mrs. Maloney, Mr. Neal of North Carolina, Mr.
McCrery, Mr. Moran, Mr. McCollum, Mr. McDade, Mr. Peterson of
Florida, Mr. Kopetski, Mrs. Clayton, Mr. Johnson of South
Dakota, Mrs. Thurman, Mr. Lehman, Mr. Kasich, Mr. Paxon, Mr.
Coble, Mr. Kingston, Mr. Roth, Mr. Wilson, Mr. Durbin, Mr.
Skeen, Mr. Crapo, Mr. Gunderson, Mr. Cooper, Mr. Doolittle,
Mr. Hastert, Mrs. Meyers of Kansas, Mr. Ewing, Ms. Danner,
Mr. Bishop, Mr. Costello, Mr. Browder, Mr. Edwards of Texas,
Mr. Camp, Mr. Holden, Mr. Volkmer, Mr. Sarpalius, Mr.
Slattery, Mr. Montgomery, Mr. Wolf, Mr. Combest, Mr.
Faleomavaega, Mr. Bereuter, Ms. Eddie Bernice Johnson of
Texas, Mr. Minge, Mr. Chapman, Mr. Smith of Michigan, Ms.
Molinari, Mr. Poshard, Ms. Byrne, Mr. Hefner, Mr. Conyers,
Mr. Lewis of California, Mr. Clyburn, and Mr. Dingell.
H.J. Res. 327: Mr. Frost, Mr. Lipinski. Mr. Faleomavaega,
Mr. Sabo, Mr. Mollohan, and Mr. Hinchey.
H. Con. Res. 48: Mr. Sisisky and Mr. Solomon.
H. Con. Res. 147: Mr. Synar.
H. Con. Res. 188: Mr. Johnston of Florida, Mr. Richardson,
Ms. Margolies-Mezvinsky, Ms. Slaughter, Mr. Skaggs, Mr.
Ramstad, Mr. Clay, Mr. Hamburg, Mr. Hochbrueckner, Mr. Yates,
Mr. Frank of Massachusetts, Ms. Furse, Mr. Levin, Mr.
Slattery, Mr. Studds, Mr. Gilchrest, Mr. DeFazio, Mr.
Kopetski, Mr. Shays, Mrs. Schroeder, Mr. Kleczka, Mr. Kildee,
Mr. Hughes, Mr. Moran, Mr. Farr, Mr. Minge, Mr. Bilbray, Mr.
Swift, Mr. Evans, Mr. Andrews of Maine, Mr. Lewis of Georgia,
Mrs. Mink of Hawaii, Mr. Cardin, Ms. Pelosi, Ms. Shepherd,
Mr. Barca of Wisconsin, Mrs. Thurman, Mr. Nadler, Ms.
Woolsey, Mr. Borski, and Mr. Fish.
H. Con. Res. 191: Mr. Darden and Mr. Machtley.
H. Con. Res. 199: Mr. Gallo, Mr. Stearns, Mr. Andrews of
New Jersey, and Mr. Hochbrueckner.
H. Con. Res. 212: Mr. Fawell.
H. Res. 281: Mr. de la Garza, Mr. Glickman, Mr. Strickland,
and Mr. Sangmeister.
.
WEDNESDAY, MARCH 9, 1994 (20)
Para. 20.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Tuesday, March 8, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 20.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2730. A letter from the Secretary of Defense, transmitting
the annual report of the Reserve Forces Policy Board for
fiscal year 1993, pursuant to 10 U.S.C. 113(c)(3); to the
Committee on Armed Services.
2731. A letter from the Deputy Under Secretary of Defense
(Environmental Security), transmitting a report that contains
a plan for the termination of the operation of the Naval Air
Station, Bermuda, pursuant to Public Law 103-160, section
311(b) (107 Stat. 1618); to the Committee on Armed Services.
2732. A letter from the Senior Deputy Comptroller for
Administration, Comptroller of the Currency, transmitting the
Comptroller of the Currency's report on compensation and
benefits, pursuant to Public Law 101-73, section 1206 (103
Stat. 523); to the Committee on Banking, Finance and Urban
Affairs.
2733. A letter from the Acting Director, Office of Thrift
Supervision, transmitting the Office's 1994 compensation
plan, pursuant to Public Law 101-73, section 1206 (103 Stat.
523); to the Committee on Banking, Finance and Urban Affairs.
2734. A letter from the Chairman, Federal Election
Commission, transmitting a report of activities under the
Freedom of Information Act for calendar year 1993, pursuant
to 5 U.S.C. 552(d); to the Committee on Government
Operations.
2735. A letter from the President, Inter-American
Foundation, transmitting a report of activities under the
Freedom of Information Act for calendar year 1993, pursuant
to 5 U.S.C. 552(d); to the Committee on Government
Operations.
2736. A letter from the General Counsel, Legal Services
Corporation, transmitting a report of activities under the
Freedom of Information Act for calendar year 1993, pursuant
to 5 U.S.C. 552(e); to the Committee on Government
Operations.
2737. A letter from the Chairman, National Labor Relations
Board, transmitting the annual report under the Federal
Managers' Financial Integrity Act for fiscal year 1993,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Operations.
2738. A letter from the Assistant Secretary for Policy,
Management and Budget, U.S. Department of the Interior,
transmitting a report of activities under the Freedom of
Information Act for calendar year 1993, pursuant to 5 U.S.C.
552(e); to the Committee on Government Operations.
2739. A letter from the Director, U.S. Office of Personnel
Management, transmitting a report of activities under the
Freedom of Information Act for calendar year 1993, pursuant
to 5 U.S.C. 552(e); to the Committee on Government
Operations.
2740. A letter from the Deputy Associate Director for
Compliance, Department of the Interior, transmitting notice
of proposed refunds of excess royalty payments in OCS areas,
pursuant to 43 U.S.C. 1339(b); to the Committee on Natural
Resources.
2741. A letter from the Chairman, Advisory Committee on
Reactor Safeguards, Nuclear Regulatory Commission,
transmitting a report on various issues of the Safety
Research Program of the Nuclear Regulatory Commission,
pursuant to 42 U.S.C. 2039; jointly, to the Committees on
Energy and Commerce and Natural Resources.
2742. A letter from the Secretary of Defense, transmitting
a revised report on proposed obligations for facilitating
weapons destruction and nonproliferation in the former Soviet
Union, pursuant to Public Law 103-160, section 1206(a) (107
Stat. 1781); jointly, to the Committees on Foreign Affairs
and Armed Services.
2743. A letter from the Secretary of the Treasury,
transmitting a draft of proposed legislation entitled the
``Regulatory Consolidation Act of 1994''; jointly, to the
Committees on Banking, Finance and Urban Affairs; Energy and
Commerce; the Judiciary; Post Office and Civil Service; and
Government Operations.
Para. 20.3 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed bills of the following titles, in which the
concurrence of the House is requested:
S. 313. An Act to amend the San Juan Basin Wilderness
Protection Act of 1984 to designate additional lands as
wilderness and to establish the Fossil Forest Research
Natural Area, and for other purposes.
S. 476. An Act to reauthorize and amend the National Fish
and Wildlife Foundation Establishment Act.
The message also announced that pursuant to Public Law 102-166, the
Chair, on behalf of the majority leader of the Senate and the Speaker of
the House of Representatives, appointed Mr. John Jenkins of Maine, as a
member of the Glass Ceiling Commission, vice Marion O. Sandler,
resigned.
Para. 20.4 america's schools
The SPEAKER pro tempore, Mr. TANNER, pursuant to House Resolution 366
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 6) to extend for six years the authorizations of
appropriations for the programs under the Elementary and Secondary
Education Act of 1965, and for certain other purposes.
Mr. KLECZKA, Acting Chairman, assumed the chair; and after some time
spent therein,
Para. 20.5 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. BOEHNER:
Beginning on page 372, strike line 20 and all that follows
through line 22 on page 397 (and redesignate the subsequent
parts accordingly).
It was decided in the
Yeas
203
<3-line {>
negative
Nays
213
Para. 20.6 [Roll No. 43]
AYES--203
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Browder
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chapman
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Cramer
Crapo
Cunningham
Deal
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
[[Page 224]]
Fawell
Fields (TX)
Fingerhut
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Glickman
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hancock
Hansen
Harman
Hastert
Hefley
Herger
Hoagland
Hobson
Hoekstra
Hoke
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson (SD)
Johnson, Sam
Kanjorski
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Machtley
Mann
Manzullo
Mazzoli
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Parker
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pombo
Porter
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Roth
Roukema
Rowland
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Sisisky
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Thurman
Torkildsen
Upton
Valentine
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (FL)
Zeliff
Zimmer
NOES--213
Ackerman
Andrews (ME)
Andrews (NJ)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bilbray
Bishop
Blackwell
Bonior
Boucher
Brewster
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coyne
Danner
Darden
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Durbin
Edwards (TX)
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hefner
Hilliard
Hinchey
Hochbrueckner
Holden
Horn
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson, E. B.
Johnston
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lloyd
Long
Lowey
Maloney
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
McCloskey
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Pickett
Pickle
Pomeroy
Rahall
Rangel
Reed
Richardson
Roemer
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roybal-Allard
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tejeda
Thompson
Thornton
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Williams
Wilson
Wise
Wyden
Wynn
Yates
Young (AK)
NOT VOTING--22
Abercrombie
Andrews (TX)
Berman
Borski
Brooks
Crane
de la Garza
Dooley
Edwards (CA)
Gallo
Hastings
Hayes
Houghton
McCurdy
Natcher
Portman
Reynolds
Rush
Sundquist
Washington
Whitten
Woolsey
So the amendment was not agreed to.
After some further time,
Para. 20.7 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. BOEHNER:
Beginning on page 404, strike line 22 and all that follows
through line 18 on page 406 (and redesignate the subsequent
parts accordingly).
It was decided in the
Yeas
202
<3-line {>
negative
Nays
220
Para. 20.8 [Roll No. 44]
AYES--202
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barca
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chapman
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Cramer
Crapo
Cunningham
Deal
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hancock
Hansen
Harman
Hastert
Hefley
Herger
Hoagland
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson (SD)
Johnson, Sam
Kanjorski
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Laughlin
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Machtley
Mann
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Parker
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pombo
Porter
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Roth
Roukema
Rowland
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Thurman
Torkildsen
Upton
Valentine
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (FL)
Zeliff
Zimmer
NOES--220
Abercrombie
Ackerman
Andrews (NJ)
Applegate
Bacchus (FL)
Baesler
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bereuter
Berman
Bishop
Blackwell
Bonior
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coyne
Danner
Darden
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (TX)
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hayes
Hefner
Hilliard
Hinchey
Hochbrueckner
Holden
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson, E. B.
Johnston
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lehman
Levin
Lewis (GA)
Lloyd
Long
Lowey
Maloney
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Pickett
Pickle
Pomeroy
Price (NC)
Rahall
Rangel
Reed
Richardson
Roemer
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tejeda
Thompson
Thornton
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Velazquez
Vento
Visclosky
Waters
Watt
Waxman
Wheat
Williams
Wilson
[[Page 225]]
Wise
Woolsey
Wyden
Wynn
Yates
Young (AK)
NOT VOTING--16
Andrews (ME)
Andrews (TX)
Borski
Brooks
Crane
de la Garza
Edwards (CA)
Gallo
Hastings
Natcher
Portman
Reynolds
Sundquist
Volkmer
Washington
Whitten
So the amendment was not agreed to.
After some further time,
The Committee rose informally to receive a message from the President.
The SPEAKER pro tempore, Mr. PICKETT, assumed the Chair.
Para. 20.9 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
The Committee resumed its sitting; and after some further time spent
therein,
Para. 20.10 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. KILDEE to the
substitute amendment submitted by Mr. OWENS:
Amendment submitted by Mr. KILDEE:
In section 4205 of the Elementary and Secondary Education
Act of 1965, as proposed to be inserted by the substitute,
add at the end the following new subsection:
``(d) Drug Abuse Resistance Education Programs.--A chief
executive officer shall use not less than 10 percent of the
funds allotted under subsection (a) for a fiscal year for
grants to local educational agencies in consortium with
entities which have experience in assisting school districts
to provide instruction to students grades kindergarten
through 6 to recognize and resist pressures that influence
such students to use controlled substances, as defined in
Schedules I and II of section 202 of the Controlled
Substances Act the possession or distribution of which is
unlawful under such Act, or beverage alcohol, such as Project
Drug Abuse Resistance Education.''.
Substitute amendment submitted by Mr. OWENS:
In section 101 of the bill, in section 4003 of the
Elementary and Secondary Education Act of 1965 (as proposed
to be added by such section 101), strike paragraph (2) of
such section 4003, and insert the following:
``(2) States for grants to, and contracts with, community-
based organizations and other public and private nonprofit
agencies and organizations for programs of drug and violence
prevention, early intervention, rehabilitation referral, and
education;
In section 101 of the bill, in paragraph (1) of section
4004(a) of the Elementary and Secondary Education Act of 1965
(as proposed to be added by such section 101), strike the
``and'' at the end of such paragraph.
In section 101 of the bill, in paragraph (2) of section
4004(a) of the Elementary and Secondary Education Act of 1965
(as proposed to be added by such section 101), strike the
period at the end of such paragraph and insert ``; and''.
In section 101 of the bill, in subsection (a) of section
4004 of the Elementary and Secondary Education Act of 1965
(as proposed to be added by such section 101), add at the end
of such subsection the following new paragraph:
``(3) for State grants under part C, $100,000,000 for
fiscal year 1995 and such sums as may be necessary for each
of fiscal years 1996 through 1999.
In section 101 of the bill, in paragraph (1) of section
4105(c) of the Elementary and Secondary Education Act of 1965
(as proposed to be added by such section 101), strike ``shall
expend not less than 21 percent'' and insert ``may expend not
less than 21 percent''.
In section 101 of the bill, after part B of title IV of the
Elementary and Secondary Education Act of 1965 (as proposed
to be added by such section 101), add the following new part
(and make appropriate conforming amendments):
``Part C--Grants to State Governors
``SEC. 4203. STATE ALLOTMENTS.
``(a) In General.--The Secretary shall allot to the States
the amount available for each fiscal year under section
4004(a)(3) on the basis of the following factors:
``(1) \1/2\ of such amount shall be allotted among the
States on the basis of the school-aged population of each
State as compared to the total school-aged population of all
the States.
``(2) \1/2\ of such amount shall be allotted among the
States on the basis of the amount each State received under
sections 1124 and 1124A of this Act for the preceding year
(or, with respect to fiscal year 1995, sections 1005 and 1006
of this Act, as in effect on the day before the date of the
enactment of the Improving America's Schools Act of 1994) as
compared to the sum total of such amounts received by all the
States.
``(b) Minimum Allotment.--For any fiscal year, a State
shall be allotted an amount under this section which is equal
to at least 1 percent of the total amount allotted to all the
States under this section.
``(c) Reallotment.--The Secretary may reallot any amount of
an allotment to a State under this section if the Secretary
determines that such State will be unable to use such amount
within two years of such allotment. Such reallotment shall be
made on the same basis as allotments made under subsection
(a).
``(d) State Defined.--For the purposes of this section, the
term `State' means each of the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico.
``SEC. 4204. STATE APPLICATIONS.
``(a) In General.--In order to receive an allotment under
section 4203(a) for any fiscal year, a State shall submit to
the Secretary, at such time as the Secretary may require, an
application that contains a comprehensive plan for the use of
funds under section 4205 by the chief executive officer that
includes--
``(1) a statement of the chief executive officer's
measurable goals and objectives for drug abuse and violence
prevention and a description of the procedures to be used for
assessing and publicly reporting progress toward meeting
those goals and objectives;
``(2) a description of how the chief executive officer will
coordinate activities under section 4205 with the State
educational agency and other State agencies and organizations
involved with drug and violence prevention efforts;
``(3) a description of how funds allotted under section
4203 will be used so as not to duplicate the efforts of the
State educational agency and local educational agencies with
regard to the provision of school-based prevention efforts
and services;
``(4) a description of how the chief executive officer will
award funds under section 4205 and a plan for monitoring the
performance of, and providing technical assistance to,
recipients of such funds; and
``(5) a description of the special initiatives that will be
undertaken with the funds allotted under section 4203 to
assist those communities within the State which have the
greatest need for drug and violence prevention assistance, as
measured by objective factors which include--
``(A) high rates of alcohol or other drug abuse among
youth;
``(B) high rates of victimization of youth by violence and
crime;
``(C) high rates of arrests and convictions of youth for
violent or drug- or alcohol-related crime;
``(D) the extent of illegal gang activity;
``(E) high rates of referrals of youth to drug and alcohol
abuse treatment and rehabilitation programs;
``(F) high rates of referrals of youth to juvenile court;
``(G) high rates of expulsions and suspensions of students
from schools; and
``(H) high rates of reported cases of child abuse and
domestic violence;
``(6) a description of the special outreach efforts and
other activities which will be undertaken to ensure the full
participation of community-based organizations located in
communities with high rates of poverty, as well as
organizations which provide services to African-Americans,
Hispanics, and other minorities; and
``(7) a description of how funds will be used to support
community-wide comprehensive drug abuse and violence
prevention planning.
``(b) Peer Review.--The Secretary shall use a peer review
process in reviewing State applications under this section.
``SEC. 4205. USE OF FUNDS.
``(a) In General.--The amount allotted to a State under
section 4203 for each fiscal year shall be used by the chief
executive officer of such State for drug abuse and violence
prevention programs and activities in accordance with this
section.
``(b) State Administration.--A chief executive officer may
use no more than 4 percent of the amount allotted under
section 4203 for a fiscal year for the administrative costs
incurred in carrying out the duties of such officer under
this section.
``(c) Programs Authorized.--A chief executive officer shall
use amounts allotted under section 4203 for a fiscal year for
grants to, or contracts with, parent groups, community action
and job training agencies, community-based organizations, and
other public entities and private nonprofit organizations to
support programs and activities such as--
``(1) developing and implementing comprehensive, community-
based drug and violence prevention programs that link
community resources with schools and integrate services
involving education, vocational and job skills training, law
enforcement, health, mental health, and other appropriate
services;
``(2) planning and implementing drug and violence
prevention activities that coordinate the efforts of
community-based agencies with those of the local educational
agency;
``(3) activities to protect students traveling to and from
school;
``(4) developing and implementing strategies to prevent
illegal gang activity;
``(5) coordinating and conducting community-wide violence
and safety assessments and surveys;
``(6) programs and activities which address the needs of
children and youth who are not normally served by the local
educational agency, including preschoolers, dropouts, youth
in juvenile detention facilities, and runaways or homeless
children and youth;
``(7) disseminating information about drugs and violence
prevention;
``(8) training parents, law enforcement officials, judicial
officials, social service provid-
[[Page 226]]
ers, health service providers and community leaders about
drug abuse and violence prevention, education, early
intervention, counseling, or rehabilitation referral;
``(9) before- and after-school recreational, instructional,
cultural, and artistic programs in supervised community
settings; and
``(10) evaluating programs and activities carried out under
this section.
It was decided in the
Yeas
425
<3-line {>
affirmative
Nays
0
Para. 20.11 [Roll No. 45]
AYES--425
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Faleomavaega (AS)
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--0
NOT VOTING--13
Andrews (TX)
Borski
Brooks
Crane
Edwards (CA)
Gallo
Hastings
Natcher
Portman
Reynolds
Sundquist
Washington
Whitten
So the amendment to the substitute amendment was agreed to.
After some further time,
Para. 20.12 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the foregoing substitute amendment, as amended, submitted
by Mr. OWENS for the following amendment submitted by Mr. BARRETT of
Nebraska:
Amendment submitted by Mr. BARRETT of Nebraska:
--Page 413, strike line 14 and all that follows through line
17.
--Page 413, line 18, strike ``(2)'' and insert ``(1)''.
--Page 414, line 6, strike ``(3)'' and insert ``(2)''.
--Page 414, line 12, strike ``(4)'' and insert ``(3)''.
--Page 414, line 18, strike ``(5)'' and insert ``(4)''.
--Page 414, line 22, strike ``(6)'' and insert ``(5)''.
--Page 415, line 1, strike ``(7)'' and insert ``(6)''.
--Page 416, after line 4, insert the following:
``(c) Governor's Funds.--A State's application under this
section shall also contain a comprehensive plan for the use
of funds under section 4103A by the chief executive officer
that includes--
``(1) a statement of the chief executive officer's
measurable goals and objectives for drug and violence
prevention and a description of the procedures to be used for
assessing and publicly reporting progress toward meeting
those goals and objectives;
``(2) a description of how the chief executive officer will
coordinate his or her activities under this part with the
State educational agency and other State agencies and
organizations involved with drug and violence prevention
efforts;
``(3) a description of how funds reserved under section
4103A will be used so as not to duplicate the efforts of the
State educational agency and local educational agencies with
regard to the provision of school-based prevention efforts
and services and how those funds will be used to serve
populations not normally served by the State educational
agency, such as school dropouts and youth in detention
centers;
``(4) a description of how the chief executive officer will
award funds under section 4103A and a plan for monitoring the
performance of, and providing technical assistance to,
recipients of such funds; and
``(5) a description of how funds will be used to support
community-wide comprehensive drug and violence prevention
planning.
--Page 416, line 24, strike ``the total amount'' and insert
``an amount equal to 80 percent of the total amount''.
--Page 419, line 14, strike ``(1)''.
--Page 419, strike line 18 and all that follows through line
21.
--Page 422, after line 21, insert the following:
``SEC. 4103A. GOVERNOR'S PROGRAMS.
``(a) Use of Funds.--(1) An amount equal to 20 percent of
the total amount allocated to a State under section 4101 for
each fiscal year shall be used by the chief executive officer
of such State for drug and violence prevention programs and
activities in accordance with this section.
``(2) A chief executive officer shall use not less than 10
percent of the 20 percent of the total amount described in
paragraph (1) for each fiscal year for drug abuse resistance
education programs in accordance with subsection (e).
``(3) A chief executive officer may use no more than five
percent of the 20 percent of the total amount described in
paragraph (1) for the administrative costs incurred in
carrying out the duties of such officer under this section.
``(b) Advisory Panel.--
``(1) Establishment.--
``(A) In general.--Except as provided in subparagraph (B),
a chief executive officer shall establish an advisory panel
in accordance with this subsection for the purpose of
developing a plan for the use of funds reserved under
subsection (a)(1).
``(B) Exception.--The chief executive officer of a State
shall be exempt from the requirement under subparagraph (A)
if such State, on or before January 1, 1994, has established
an independent agency as described in section 4103(a)(2)(A).
``(2) Plan.--The advisory panel established under paragraph
(1) shall develop a plan under which--
``(A) existing drug and violence prevention programs,
projects, and activities in the State (including activities
of the State educational agency and local educational
agencies and community-based organizations) that are
determined by the panel to be suc-
[[Page 227]]
cessful are continued, or, where appropriate, coordinated
with new programs, projects, and activities established and
carried out with funds reserved under subsection (a)(1); and
``(B) technical assistance and training is provided to
local educational agencies, consortia of such agencies, and
partnerships consisting of such agencies and community-based
organizations, for drug and violence prevention, community
outreach, and mobilization and coordination of alcohol,
tobacco, and other drug prevention programming.
``(3) Meetings.--The advisory panel shall meet at least
once every 2 years after the establishment of the plan
described in paragraph (2) for the purpose of reviewing and
evaluating the use of funds under this section.
``(4) Membership.--
``(A) In general.--The advisory panel shall consist of not
less than 9 members, but not more than 12 members, including
the chief executive officer of the State (or the designee of
such chief executive officer) and at least 1 individual
appointed by such chief executive officer from each of the
following categories:
``(i) Parents.
``(ii) Students.
``(iii) Chief state school officers (or their designees).
``(iv) School administrators or teachers.
``(v) Substance abuse prevention workers or administrators.
``(vi) Community-based providers.
``(viii) Law enforcement officers or district attorneys.
``(ix) Mayors, city councilpersons, or county
commissioners.
``(B) Political affiliation.--Not more than \1/2\ of the
members of the advisory panel may be of the same political
party.
``(C) Compensation.--Members of the advisory panel shall
serve without pay.
``(5) Administrative expenses.--The administrative expenses
of the advisory panel shall be paid for from the State
administrative funds under subsection (a)(2)
``(c) Programs Authorized.--(1) A chief executive officer
shall use funds reserved under subsection (a)(1) for grants
to or contracts with parent groups, community action and job
training agencies, community-based organizations, and other
public entities and private nonprofit organizations. Such
grants or contracts shall support programs and activities
described in subsection (d) for children and youth who are
not normally served by State or local educational agencies,
for populations that need special services or additional
resources (such as preschoolers, youth in juvenile detention
facilities, runaway or homeless children and youth, and
dropouts), or both.
``(2) Grants or contracts awarded under this subsection
shall be subject to a peer review process.
``(d) Authorized Activities.--Grants and contracts under
subsection (c) shall be used for programs and activities such
as--
``(1) disseminating information about drug and violence
prevention;
``(2) training parents, law enforcement officials, judicial
officials, social service providers, health service providers
and community leaders about drug and violence prevention,
education, early intervention, counseling, or rehabilitation
referral;
``(3) developing and implementing comprehensive, community-
based drug and violence prevention programs that link
community resources with schools and integrate services
involving education, vocational and job skills training, law
enforcement, health, mental health, and other appropriate
services;
``(4) planning and implementing drug and violence
prevention activities that coordinate the efforts of State
agencies with those of the State educational agency and its
local educational agencies;
``(5) activities to protect students traveling to and from
school;
``(6) developing and implementing strategies to prevent
illegal gang activity;
``(7) coordinating and conducting community-wide violence
and safety assessments and surveys; and
``(8) evaluating programs and activities under this
section.
``(e) Drug Abuse Resistance Education Programs.--(1) A
chief executive officer shall use funds reserved under
subsection (a)(2) for grants to local educational agencies in
consortium with entities which have experience in assisting
school districts to provide instruction to students grades
kindergarten through 6 to recognize and resist pressures that
influence such students to use controlled substances, as
defined in Schedules I and II of section 202 of the
Controlled Substances Act the possession or distribution of
which is unlawful under such Act, or beverage alcohol, such
as Project Drug Abuse Resistance Education, that meet the
requirements of paragraph (2).
``(2) A local educational agency in consortium with an
entity shall not be eligible for a grant under paragraph (1)
unless such local educational agency in consortium with an
entity will use assistance provided under such grant to
provide or arrange for the provision of services that shall
include--
``(A) drug abuse resistance education instruction for
students grades kindergarten through 6 that is designed to
teach students to recognize and resist pressures to
experiment that influence such children to use controlled
substances, as defined under paragraph (1), or beverage
alcohol, including instruction in the following areas--
``(i) drug use and misuse;
``(ii) understanding the consequences of drug abuse;
``(iii) resistance techniques;
``(iv) assertive response styles;
``(v) managing stress without taking drugs;
``(vi) decisionmaking and risk taking;
``(vii) media influences on drug use;
``(viii) positive alternatives to drug abuse behavior;
``(ix) interpersonal and communication skills;
``(x) self-esteem building activities; and
``(xi) resistance to peer pressure and gang pressure;
``(B) provisions for parental involvement;
``(C) classroom instruction by uniformed law enforcement
officials;
``(D) the use of positive student leaders to influence
younger students not to use drugs;
``(E) an emphasis on activity-oriented techniques designed
to encourage student-generated responses to problem-solving
situations; and
``(F) the awarding of a certificate of achievement to each
student who participates in a drug abuse resistance education
program.
``(3) Amounts received under paragraph (1) by any local
educational agency or entity shall be used only to
supplement, not to supplant, the amount of Federal, State,
and local funds expended for the support of projects of the
type described in paragraph (2).
--Page 427, line 24, strike ``under this part; and'' and
insert ``under this part.''.
--Page 428, strike line 1 and all that follows through line
3.
--Page 431, strike line 18 and all that follows through line
15 on page 433.
--Page 433, line 16, strike ``(d)'' and insert ``(c)''.
It was decided in the
Yeas
125
<3-line {>
negative
Nays
296
Para. 20.13 [Roll No. 46]
AYES--125
Abercrombie
Ackerman
Andrews (ME)
Baesler
Barcia
Barlow
Becerra
Beilenson
Berman
Bishop
Blackwell
Bonior
Brown (OH)
Byrne
Carr
Clay
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Danner
de Lugo (VI)
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Durbin
Engel
Eshoo
Evans
Faleomavaega (AS)
Fields (LA)
Filner
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Gejdenson
Gephardt
Gibbons
Gonzalez
Green
Gutierrez
Hamburg
Hilliard
Jefferson
Johnson, E. B.
Johnston
Kennelly
Kildee
Lantos
Lewis (GA)
Lowey
Mann
Manton
Markey
Martinez
McDermott
McKinney
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Molinari
Mollohan
Moran
Murphy
Norton (DC)
Oberstar
Obey
Olver
Owens
Payne (NJ)
Pelosi
Pickett
Pickle
Poshard
Rahall
Rangel
Reed
Ros-Lehtinen
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schroeder
Schumer
Scott
Serrano
Smith (IA)
Stark
Stokes
Strickland
Studds
Swift
Synar
Thompson
Torres
Towns
Tucker
Underwood (GU)
Velazquez
Vento
Waters
Watt
Waxman
Wheat
Wise
Woolsey
Wynn
Yates
NOES--296
Allard
Andrews (NJ)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barca
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Boucher
Brewster
Browder
Brown (FL)
Bryant
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Castle
Chapman
Clayton
Clement
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Cox
Cramer
Crapo
Cunningham
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
English
Everett
Ewing
Farr
Fawell
Fazio
Fields (TX)
Fingerhut
Fish
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Jacobs
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
[[Page 228]]
Kyl
LaFalce
Lambert
Lancaster
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Machtley
Maloney
Manzullo
Margolies-Mezvinsky
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meyers
Mica
Michel
Miller (FL)
Minge
Montgomery
Moorhead
Morella
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pombo
Pomeroy
Porter
Price (NC)
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Rostenkowski
Roth
Roukema
Rowland
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schenk
Schiff
Sensenbrenner
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stump
Stupak
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thornton
Thurman
Torkildsen
Torricelli
Traficant
Unsoeld
Upton
Valentine
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Weldon
Whitten
Williams
Wilson
Wolf
Wyden
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--17
Andrews (TX)
Borski
Brooks
Brown (CA)
Crane
Edwards (CA)
Gallo
Hastings
Istook
Kennedy
Matsui
Natcher
Portman
Reynolds
Romero-Barcelo (PR)
Sundquist
Washington
So the substitute amendment, as amended, was not agreed to.
Para. 20.14 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the foregoing amendment submitted by Mr. BARRETT of
Nebraska.
It was decided in the
Yeas
418
<3-line {>
affirmative
Nays
1
Para. 20.15 [Roll No. 47]
AYES--418
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Boucher
Brewster
Browder
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Cox
Coyne
Cramer
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Faleomavaega (AS)
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Richardson
Ridge
Roberts
Roemer
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Swett
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--1
Owens
NOT VOTING--19
Andrews (TX)
Borski
Brooks
Brown (CA)
Costello
Crane
Edwards (CA)
Gallo
Hastings
Natcher
Penny
Pickle
Portman
Rangel
Reynolds
Rogers
Sundquist
Swift
Washington
So the amendment was agreed to.
After some further time,
Para. 20.16 call in committee
Mr. PRICE of North Carolina, Chairman, announced that the Committee,
having had under consideration said bill, finding itself without a
quorum, directed the Members to record their presence by electronic
device, and the following-named Members responded--
Para. 20.17 [Roll No. 48]
ANSWERED ``PRESENT''--413
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Faleomavaega (AS)
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
[[Page 229]]
Hefley
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Strickland
Studds
Stump
Stupak
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
Thereupon, Mr. PRICE of North Carolina, Chairman, announced that 413
Members had been recorded, a quorum.
The Committee resumed its business.
Para. 20.18 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. DURBIN:
Page 408, after line 12, insert the following paragraph
(and redesignate succeeding paragraphs accordingly):
``(6) Every day approximately 3,000 children start smoking
for the first time and 30 percent of all high school seniors
are smokers. Half of all new smokers begin before the age of
14, 90 percent before the age of 21, and the average age of
the first use of smokeless tobacco products is under the age
of 10. Use of tobacco products has been linked to serious
health problems. However, because the nicotine in tobacco is
an addictive substance, many tobacco users find it difficult
to stop using tobacco once they have started. Drug education
and prevention programs that include tobacco have been
effective in reducing teenage use of tobacco. Drug prevention
programs for youth that address only controlled drugs send an
erroneous message that the use of tobacco does not have
adverse consequences. To be credible, messages opposing
illegal drug use by youth should also address other harmful
substances.''
Page 439, strike lines 1 through 17, and insert the
following:
``(1) The term `drug and violence prevention' means--
``(A) with respect to drugs, prevention, early
intervention, rehabilitation referral, or education related
to the illegal use of alcohol, the use of tobacco and the use
of controlled, illegal, addictive, or harmful substances,
including inhalants and anabolic steroids; and
``(B) with respect to violence, the promotion of school
safety, such that students and school personnel are free from
violent and disruptive acts, including sexual harassment, on
school premises, going to and from school, and at school-
sponsored activities, through the creation and maintenance of
a school environment that is free of weapons and fosters
individual responsibility and respect for the rights of
others.
Yeas
353
It was decided in the
Nays
70
<3-line {>
affirmative
Answered present
1
Para. 20.19 [Roll No. 49]
AYES--353
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Archer
Bacchus (FL)
Bachus (AL)
Baker (CA)
Barca
Barrett (NE)
Barrett (WI)
Bartlett
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Blute
Boehlert
Bonilla
Browder
Brown (CA)
Brown (OH)
Bryant
Burton
Buyer
Byrne
Calvert
Camp
Canady
Cantwell
Cardin
Castle
Chapman
Clay
Clement
Clinger
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crapo
Cunningham
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Everett
Ewing
Faleomavaega (AS)
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Glickman
Gonzalez
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hansen
Harman
Hastert
Hayes
Hefley
Herger
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Hoyer
Huffington
Hughes
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meehan
Menendez
Meyers
Mfume
Mica
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Payne (NJ)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickle
Pombo
Pomeroy
Porter
Poshard
Pryce (OH)
Quinn
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Ridge
Roberts
Roemer
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Schenk
Schiff
Schroeder
Schumer
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Talent
Tauzin
Taylor (MS)
Tejeda
Thomas (CA)
Thomas (WY)
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Upton
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Waxman
Weldon
Wheat
Whitten
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (FL)
Zeliff
Zimmer
NOES--70
Allard
Armey
Baesler
Baker (LA)
Ballenger
Barcia
Barlow
Barton
Bateman
Bentley
Bliley
Boehner
Bonior
Boucher
Brewster
Brown (FL)
Bunning
Callahan
Carr
Clayton
Clyburn
Coble
Danner
Dingell
Emerson
Gekas
Geren
Gingrich
Goodlatte
Gordon
Green
Hancock
Hefner
Hilliard
Houghton
Hunter
Johnson, Sam
Kanjorski
Kingston
Kopetski
Lancaster
Manton
McMillan
Meek
Mollohan
Neal (NC)
Paxon
Payne (VA)
Pickett
Price (NC)
Quillen
[[Page 230]]
Ravenel
Rogers
Rose
Saxton
Schaefer
Scott
Sisisky
Smith (OR)
Spence
Spratt
Stump
Tanner
Taylor (NC)
Thompson
Vucanovich
Walker
Watt
Williams
Young (AK)
ANSWERED ``PRESENT''--1
Applegate
NOT VOTING--14
Andrews (TX)
Borski
Brooks
Crane
Edwards (CA)
Gallo
Hastings
Michel
Natcher
Portman
Reynolds
Sundquist
Valentine
Washington
So the amendment was agreed to.
After some further time,
The SPEAKER pro tempore, Mr. TORRES, assumed the Chair.
When Mr. PRICE of North Carolina, Chairman, reported that the
Committee, having had under consideration said bill, had come to no
resolution thereon.
Para. 20.20 permission to file report
On motion of Mr. MOAKLEY, by unanimous consent, the Committee on Rules
was granted permission until midnight tonight to file a privileged
report (Rept. No. 103-429) on the concurrent resolution (H. Con. Res.
218) setting forth the congressional budget for the United States
Government for fiscal years 1995, 1996, 1997, 1998, and 1999.
Para. 20.21 hour of meeting
On motion of Mr. WISE, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 10
o'clock a.m. on Thursday, March 10, 1994.
Para. 20.22 toy safety
On motion of Mrs. COLLINS of Illinois, by unanimous consent, the bill
(H.R. 965) to provide for toy safety and for other purposes; together
with the following amendment of the Senate thereto, was taken from the
Speaker's table:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Safety Protection
Act''.
TITLE I--TOY LABELING REQUIREMENTS
SEC. 101. REQUIREMENTS FOR LABELING CERTAIN TOYS AND GAMES.
(a) Requirement Under Federal Hazardous Substances Act.--
The Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.)
is amended by adding at the end the following new section:
``SEC. 24. REQUIREMENTS FOR LABELING CERTAIN TOYS AND GAMES.
``(a) Toys or Games For Children Who Are at Least 3.--
``(1) Requirement.--The packaging of any toy or game
intended for use by children who are at least 3 years old but
not older than 6 years (or such other upper age limit as the
Commission may determine, which may not be less than 5 years
old), any descriptive material which accompanies such toy or
game, and, in the case of bulk sales of such toy or game when
unpackaged, any bin, container for retail display, or vending
machine from which the unpackaged toy or game is dispensed
shall bear or contain the cautionary statement described in
paragraph (2) if the toy or game--
``(A) is manufactured for sale, offered for sale, or
distributed in commerce in the United States, and
``(B) includes a small part, as defined by the Commission.
``(2) Label.--The cautionary statement required by
paragraph (1) for a toy or game shall be as follows:
[GRAPHIC] [TIFF OMITTED] TH09MR94.008
``(b) Balloons, Small Balls, and Marbles.--
``(1) Requirement.--In the case of any latex balloon, any
ball with a diameter of 1.75 inches or less intended for
children 3 years of age or older, any marble intended for
children 3 years of age or older, or any toy or game which
contains such a balloon, ball, or marble, which is
manufactured for sale, offered for sale, or distributed in
commerce in the United States--
``(A) the packaging of such balloon, ball, marble, toy, or
game,
``(B) any descriptive material which accompanies such
balloon, ball, marble, toy, or game, and
``(C) in the case of bulk sales of any such product when
unpackaged, any bin, container for retail display, or vending
machine from which such unpackaged balloon, ball, marble,
toy, or game is dispensed,
shall bear or contain the cautionary statement described in
paragraph (2).
``(2) Label.--The cautionary statement required under
paragraph (1) for a balloon, ball, marble, toy, or game shall
be as follows:
``(A) Balloons.--In the case of balloons, or toys or games
that contain latex balloons, the following cautionary
statement applies:
[GRAPHIC] [TIFF OMITTED] TH09MR94.009
``(B) Balls.--In the case of balls, the following
cautionary statement applies:
[GRAPHIC] [TIFF OMITTED] TH09MR94.010
``(C) Marbles.--In the case of marbles, the following
cautionary statement applies:
[GRAPHIC] [TIFF OMITTED] TH09MR94.011
``(D) Toys and Games.--In the case of toys or games
containing balls, the following cautionary statement applies:
[GRAPHIC] [TIFF OMITTED] TH09MR94.012
In the case of toys or games containing marbles, the
following cautionary statement applies:
[GRAPHIC] [TIFF OMITTED] TH09MR94.013
``(c) General Labeling Requirements.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), any cautionary statement required under subsection (a)
or (b) shall be--
``(A) displayed in its entirety on the principal display
panel of the product's package, and on any descriptive
material which accompanies the product, and, in the case of
bulk sales of such product when unpackaged, on the bin,
container for retail display of the product, and any vending
machine from which the unpackaged product is dispensed, and
``(B) displayed in the English language in conspicuous and
legible type in contrast by typography, layout, or color with
other printed matter on such package, descriptive materials,
bin, container, and vending machine, and in a manner
consistent with part 1500 of title 16, Code of Federal
Regulations (or successor regulations thereto).
``(2) Exception for products manufactured outside united
states.--In the case of a product manufactured outside the
United States and directly shipped from the manufacturer to
the consumer by United States mail or other delivery service,
the accompanying material inside the package of the product
may fail to bear the required statement if other accompanying
material shipped with the product bears such statement.
``(3) Special rules for certain packages.--(A) A cautionary
statement required by subsection (a) or (b) may, in lieu of
display on the principal display panel of the product's
package, be displayed on another panel of the package if--
``(i) the package has a principal display panel of 15
square inches or less and the required statement is displayed
in three or more languages; and
``(ii) the statement specified in subparagraph (B) is
displayed on the principal display panel and is accompanied
by an arrow or other indicator pointing toward the place on
the package where the statement required by subsection (a) or
(b) appears.
``(B)(i) In the case of a product to which subsection (a),
subsection (b)(2)(B), subsection (b)(2)(C), or subsection
(b)(2)(D) applies, the statement specified by this
subparagraph is as follows:
[GRAPHIC] [TIFF OMITTED] TH09MR94.014
``(ii) In the case of a product to which subsection
(b)(2)(A) applies, the statement specified by this
subparagraph is as follows:
[GRAPHIC] [TIFF OMITTED] TH09MR94.015
``(d) Treatment as Misbranded Hazardous substance.--A
balloon, ball, marble,
[[Page 231]]
toy, or game, that is not in compliance with the requirements
of this section shall be considered a misbranded hazardous
substance under section 2(p).''.
(b) Other Small Balls.--A small ball--
(1) intended for children under the age of 3 years of age,
and
(2) with a diameter of 1.75 inches or less,
shall be considered a banned hazardous substance under
section 2(q) of the Federal Hazardous Substances Act (15
U.S.C. 1261(q)).
(c) Regulations.--The Consumer Product Safety Commission
(hereinafter referred to as the ``Commission'') shall
promulgate regulations, under section 553 of title 5, United
States Code, for the implementation of this section and
section 24 of the Federal Hazardous Substances Act by July 1,
1994, or the date that is 6 months after the date of
enactment of this Act, whichever occurs first. Subsections
(f) through (i) of section 3 of the Federal Hazardous
Substances Act (15 U.S.C. 1262) shall not apply with respect
to the issuances of regulations under this subsection.
(d) Effective Date; Applicability.--Subsections (a) and (b)
shall take effect January 1, 1995, and section 24 of the
Federal Hazardous Substances Act shall apply only to products
entered into commerce on or after January 1, 1995.
(e) Preemption.--
(1) In general.--Subject to paragraph (2), a State or
political subdivision of a State may not establish or enforce
a requirement relating to cautionary labeling of small parts
hazards or choking hazards in any toy, game, marble, small
ball, or balloon intended or suitable for use by children
unless such requirement is identical to a requirement
established by amendments made by this section to the Federal
Hazardous Substances Act or by regulations promulgated by the
Commission.
(2) Exception.--A State or political subdivision of a State
may, until January 1, 1995, enforce a requirement described
in paragraph (1) if such requirement was in effect on October
2, 1993.
SEC. 102. REPORTING REQUIREMENTS.
(a) Reports to Consumer Product Safety Commission.--
(1) Requirement to report.--Each manufacturer, distributor,
retailer, and importer of a marble, small ball, or latex
balloon, or a toy or game that contains a marble, small ball,
latex balloon, or other small part, shall report to the
Commission any information obtained by such manufacturer,
distributor, retailer, or importer which reasonably supports
the conclusion that--
(A) an incident occurred in which a child (regardless of
age) choked on such a marble, small ball, or latex balloon or
on a marble, small ball, latex balloon, or other small part
contained in such toy or game; and
(B) as a result of that incident the child died, suffered
serious injury, ceased breathing for any length of time, or
was treated by a medical professional.
(2) Treatment under cpsa.--For purposes of section 19(a)(3)
of the Consumer Product Safety Act (15 U.S.C. 2068(a)(3)),
the requirement to report information under this subsection
is deemed to be a requirement under such Act.
(3) Effect on liability.--A report by a manufacturer,
distributor, retailer, or importer under paragraph (1) shall
not be interpreted, for any purpose, as an admission of
liability or of the truth of the information contained in the
report.
(b) Confidentiality Protections.--The confidentiality
protections of section 6(b) of the Consumer Product Safety
Act (15 U.S.C. 2055(b)) apply to any information reported to
the Commission under subsection (a) of this section. For
purposes of section 6(b)(5) of such Act, information so
reported shall be treated as information submitted pursuant
to section 15(b) of such Act respecting a consumer product.
TITLE II--CHILDREN'S BICYCLE HELMET SAFETY
SEC. 201. SHORT TITLE.
This title may be cited as the ``Children's Bicycle Helmet
Safety Act of 1993''.
SEC. 202. ESTABLISHMENT OF PROGRAM.
The Administrator of the National Highway Traffic Safety
Administration may, in accordance with section 203, make
grants to States and nonprofit organizations for programs
that require or encourage individuals under the age of 16 to
wear approved bicycle helmets. In making those grants, the
Administrator shall allow grantees to use wide discretion in
designing programs that effectively promote increased bicycle
helmet use.
SEC. 203. PURPOSES FOR GRANTS.
A grant made under section 202 may be used by a grantee
to--
(1) enforce a law that requires individuals under the age
of 16 to wear approved bicycle helmets on their heads while
riding on bicycles;
(2) assist individuals under the age of 16 to acquire
approved bicycle helmets;
(3) develop and administer a program to educate individuals
under the age of 16 and their families on the importance of
wearing such helmets in order to improve bicycle safety; or
(4) carry out any combination of the activities described
in paragraphs (1), (2), and (3).
SEC. 204. STANDARDS.
(a) In General.--Bicycle helmets manufactured 9 months or
more after the date of the enactment of this Act shall
conform to--
(1) any interim standard described under subsection (b),
pending the establishment of a final standard pursuant to
subsection (c); and
(2) the final standard, once it has been established under
subsection (c).
(b) Interim Standards.--The interim standards are as
follows:
(1) The American National Standards Institute standard
designated as ``Z90.4-1984''.
(2) The Snell Memorial Foundation standard designated as
``B-90''.
(3) The American Society of Testing Materials standard
designated as ``F 1447''.
(4) Any other standard that the Commission determines is
appropriate.
(c) Final Standard.--Not later than 60 days after the date
of the enactment of this Act, the Commission shall begin a
proceeding under section 553 of title 5, United States Code,
to--
(1) review the requirements of the interim standards set
forth in subsection (a) and establish a final standard based
on such requirements;
(2) include in the final standard a provision to protect
against the risk of helmets coming off the heads of bicycle
riders;
(3) include in the final standard provisions that address
the risk of injury to children; and
(4) include additional provisions as appropriate.
Sections 7, 9, and 30(d) of the Consumer Product Safety Act
(15 U.S.C. 2056, 2058, 2079(d)) shall not apply to the
proceeding under this subsection and section 11 of such Act
(15 U.S.C. 2060) shall not apply with respect to any standard
issued under such proceeding. The final standard shall take
effect 1 year from the date it is issued.
(d) Failure to Meet Standards.--
(1) Failure to meet interim standard.--Until the final
standard takes effect, a bicycle helmet that does not conform
to an interim standard as required under subsection (a)(1)
shall be considered in violation of a consumer product safety
standard promulgated under the Consumer Product Safety Act.
(2) Status of final standard.--The final standard developed
under subsection (c) shall be considered a consumer product
safety standard promulgated under the Consumer Product Safety
Act.
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
For the National Highway Traffic Safety Administration to
carry out the grant program authorized by this title, there
are authorized to be appropriated $2,000,000 for fiscal year
1994, $3,000,000 for fiscal year 1995, and $4,000,000 for
fiscal year 1996.
SEC. 206. DEFINITION.
In this title, the term ``approved bicycle helmet'' means a
bicycle helmet that meets--
(1) any interim standard described in section 204(b),
pending establishment of a final standard under section
204(c); and
(2) the final standard, once it is established under
section 204(c).
TITLE III--BUCKET DROWNING PREVENTION
SEC. 301. LABELING STANDARD REQUIREMENTS.
On October 1, 1994, or 240 days after the date of the
enactment of this title, whichever first occurs, there is
established and effective a consumer product safety standard
under section 9 of the Consumer Product Safety Act (15 U.S.C.
2058), to eliminate or reduce the risk of injury or death
resulting from infants falling into 4-gallon to 6-gallon
buckets containing liquid. Such standard, when established,
shall require straight sided or slightly tapered, open head
containers with a capacity of more than 4 gallons and less
than 6 gallons (referred to in this title as a ``bucket''),
to bear one warning label in English and Spanish. The label
shall meet the following requirements:
(1) The label shall be permanent so that such label cannot
be removed, torn or defaced without the aid of tools or
solvents.
(2) The label shall be at least 7 inches in height, and
3\1/2\ inches in width, or any larger size as the labeler may
choose.
(3) The label shall be centered on one side of the bucket
just below the point where the handle is inserted.
(4) The label shall have a border or other form of contrast
around its edges to delineate it from any other information
on the bucket.
(5) The label shall bear (A) the signal word ``WARNING'' in
both English and Spanish, in bold uppercase lettering, and
(B) in upper and lower case lettering the words ``Children
Can Fall Into Bucket and Drown. Keep Children Away From
Buckets With Even a Small Amount of Liquid.'', with an
equivalent Spanish translation in at least the same type size
as English. The signal word panel shall be preceded by a
safety alert symbol consisting of an exclamation mark in a
triangle.
(6) The label shall be clear and conspicuous and in
contrasting colors.
(7) The label shall include a picture of a child falling
into a bucket containing liquid. An encircled slash symbol
shall be superimposed over, and surround the pictorial. The
picture shall be positioned between the signal word panel and
the message panel.
SEC. 302. CERTAIN BUCKETS NOT AFFECTED.
The standard established by section 301 applies only to
buckets manufactured or imported on or after the effective
date of such standard, and buckets manufactured or imported
before such effective date may be sold without the warning
label required by section 301 even though such sales occur
after that date. The Consumer Product Safety Commission, by
rule, shall prohibit a manufacturer, filler, distributor, and
retailer from
[[Page 232]]
stockpiling buckets to which consumer product safety
standards established by section 301 of this title would have
applied but for the preceding sentence. For purposes of this
section, the term ``stockpiling'' shall have the same meaning
as that provided by section 9(g)(2) of the Consumer Product
Safety Act.
SEC. 303. PROHIBITED ACTS.
(a) Removal of Label.--Once placed on a plastic bucket
pursuant to the standard provided by section 301, it shall be
a prohibited act under section 19 of the Consumer Product
Safety Act for any person in the chain of distribution of the
bucket to intentionally cover, obstruct, tear, deface or
remove the label.
(b) Consumer Product Safety Standard.--The standard
established by section 301 of this title shall be considered
a consumer product safety standard established under the
Consumer Product Safety Act.
SEC. 304. EXISTING LABELS.
Notwithstanding section 301, any bucket label in use on
September 1, 1993, may, if such label is substantially in
conformance with the requirements of paragraphs (3), (4),
(5), and (6) of section 301, continue to be placed on buckets
until 12 months after the date of the enactment of this
title. Notwithstanding the preceding sentence, buckets
subject to the provisions of this section must bear both an
English and Spanish language label on and after the effective
date of the standard established by section 301.
SEC. 305. AMENDMENTS.
Section 553 of title 5, United States Code, shall apply
with respect to the Consumer Product Safety Commission's
issuance of any amendments or changes to the bucket labeling
standard established by section 301 of this title. Sections 7
and 9 of the Consumer Product Safety Act shall not apply to
such amendments or changes.
SEC. 306. RESPONSIBILITY FOR LABELING.
(a) Labeling.--The standard established by section 301
requires the labeling of buckets covered by such standard to
be the responsibility of the manufacturer of any such
buckets, unless otherwise specified by contract between the
manufacturer, and either the filler, distributor, or retailer
of such buckets. Under no circumstances shall any such bucket
enter the stream of commerce without such label.
(b) Time for Placing Labels.--The required label must be on
the bucket at the time it is sold or delivered to the end
user of the bucket or its contents or, in the case of a
bucket intended to be sold to the public in an empty state,
at the time it is shipped to a retailer for sale to the
public.
SEC. 307. PERFORMANCE STANDARD.
(a) Performance Standard.--Within 30 days following the
date of enactment of this title, the Consumer Product Safety
Commission shall commence a proceeding under the Consumer
Product Safety Act for the issuance of a performance standard
for buckets to address the drowning hazard associated with
this product. Such standard shall take effect at such time as
may be prescribed by the Consumer Product Safety Commission,
but in no event later than 15 months following the date of
the enactment of this title. The Consumer Product Safety
Commission shall consider any American Society for Testing
and Materials voluntary performance standard in existence
prior to such date of enactment.
(b) Labeling Requirements.--The labeling requirements under
section 101 shall not apply to buckets certified by the
Consumer Product Safety Commission as meeting the performance
standard in subsection (a).
SEC. 308. CONSULTATION.
To avoid duplicative and conflicting labeling, the Consumer
Product Safety Commission shall complete a consultation with
relevant Federal agencies within 30 days following the date
of enactment of this Act.
SEC. 309. REQUIREMENT FOR COMMISSION STUDY.
(a) Study.--The Commission shall conduct a study to assess
the frequency of deaths and injuries arising from drowning
accidents in metal buckets, and the frequency and type of
uses of 4-gallon to 6-gallon metal containers in the home, to
determine whether special design and labeling standards are
needed for such containers. The Commission shall report the
results of the study to the Congress not later than one year
after the date of enactment of this Act.
(b) Exemption.--During the pendency of such study, metal
containers which would otherwise be required to comply with
the labeling requirements of section 301 are exempt from such
requirements. Upon review of the results of the study, the
Commission shall decide whether to continue this exemption,
to require compliance by metal containers, or to consider
further study in the future.
On motion of Mrs. COLLINS of Illinois, said Senate amendment was
agreed to with the following amendment:
In lieu of the matter inserted by the Senate amendment,
insert the following:
SECTION 1. SHORT TITLE.
This act may be cited as the ``Child Safety Protection
Act''.
TITLE I--TOY LABELING REQUIREMENTS
SEC. 101. REQUIREMENTS FOR LABELING CERTAIN TOYS AND GAMES.
(a) Requirement Under Federal Hazardous Substances Act.--
The Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.)
is amended by adding at the end the following new section:
``SEC. 24. REQUIREMENTS FOR LABELING CERTAIN TOY AND GAMES.
``(a) Toys or Games for Children Who Are at Least 3.--
``(1) Requirment.--The packaging of any toy or game
intended for used by children who are at least 3 years old
but not older than 6 years (or such other upper age limit as
the Commission may determine, which may not be less than 5
years old), any descriptive material which accompanies such
toy or game, and, in the case of bulk sales of such toy or
game when unpackaged, any bin, container for retail display,
or vending machine from which the unpackaged toy or game is
dispensed shall bear or contain the cautionary statement
described in paragraph (2) if the toy or game--
``(A) is manufactured for sale, offered for sale, or
distributed in commerce in the United States, and
``(B) includes a small part, as defined by the Commission.
``(2) Label.--The cautionary statement requirement by
paragraph (1) for a toy or game shall be as follows:
[GRAPHIC] [TIFF OMITTED] TH09MR94.000
``(b) Balloons, Small Balls, and Marbles.--
``(1) Requirement.--In the case of any latex balloon, any ball with a
diameter of 1.75 inches or less intended for children 3 years of age or
older, any marble intended for children 3 years of age or older, or any toy
or game which contains such a balloon, ball or marble, which is
manufactured for sale, offered for sale, or distributed in commerce in the
United States--
``(A) the packaging of such balloon, ball, marble, toy, or game,
``(B) any descriptive material which accompanies such balloon, ball,
marble, toy, or game, and
``(C) in the case of bulk sales of any such product when unpackaged, any
bin, container for retail display, or vending machine from which such
unpackaged balloon, ball, marble, toy, or game is dispensed.
shall bear or contain the cautionary statement described in paragraph (2).
``(2) Label.--The cautionary statement required under paragraph (1) for a
balloon, ball, marble, toy, or game shall be as follows:
``(A) Balloons.--In the case of balloons, or toys or games that contain
latex balloons, the following cautionary statement applies:
[GRAPHIC] [TIFF OMITTED] TH09MR94.001
``(B) Balls.--In the case of balls, the following cautionary statement
applies:
[GRAPHIC] [TIFF OMITTED] TH09MR94.002
``(C) Marbles.--In the case of marbles, the following cautionary statement
applies:
[GRAPHIC] [TIFF OMITTED] TH09MR94.003
``(D) Toys and games.--In the case of toys or games containing balls, the
following cautionary statement applies:
[GRAPHIC] [TIFF OMITTED] TH09MR94.004
In the case of toys or games containing marbles, the following cautionary
statement applies:
[GRAPHIC] [TIFF OMITTED] TH09MR94.005
``(c) General Labeling Requirements.--
``(1) In general.--Except as provided in paragraphs (2) and (3), any
cautionary statement required under subsection (a) or (b) shall be--
``(A) displayed in its entirety on the principal display panel of the
product's package, and on any descriptive material which accompanies the
product, and, in the case of bulk sales of such product when unpackaged, on
the bin, container for retail display of the product, and any vending
machine from
[[Page 233]]
which the unpackaged product is dispensed, and
``(B) displayed in the English language in conspicuous and
legible type in contrast by typography, layout, or color with
other printed matter on such package, descriptive materials,
bin, container, and vending machine, and in a manner
consistent with part 1500 of title 16, Code of Federal
Regulations (or successor regulations thereto).
``(2) Exception for products manufactured outside united
states.--In the case of a product manufactured outside the
United States and directly shipped from the manufacturer to
the consumer by United States mail or other delivery service,
the accompanying material inside the package of the product
may fail to bear the required statement if other accompanying
material shipped with the product bears such statement.
``(3) Special rules for certain packages.--(A) A cautionary
statement required by subsection (a) or (b) may, in lieu of
display on the principal display panel of the product's
package, be displayed on another panel of the package if--
``(i) the package has a principal display panel of 15
square inches or less and the required statement is displayed
in three or more languages; and
``(ii) the statement specified in subparagraph (B) is
displayed on the principal display panel and is accompanied
by an arrow or other indicator pointing toward a place on the
package where the statement required by subsection (a) or (b)
appears.
``(B)(i) In the case of a product to which subsection (a),
subsection (b)(2)(B), subsection (b)(2)(C), or subsection
(b)(2)(D) applies, the statement specified by this
subparagraph is as follows:
[GRAPHIC] [TIFF OMITTED] TH09MR94.006
``(ii) In the case of a product to which subsection (b)(2)(A) applies, the
statement specified by this subparagraph is as follows:
[GRAPHIC] [TIFF OMITTED] TH09MR94.007
``(d) Treatment as Misbranded Hazardous Substance.--A
balloon, ball, marble, toy, or game, that is not in
compliance with the requirements of this section shall be
considered a misbranded hazardous substance under section
2(p).''.
(b) Other Small Balls.--A small ball--
(1) intended for children under the age of 3 years of age,
and
(2) with a diameter of 1.75 inches or less, shall be
considered a banned hazardous substance under section 2(q) of
the Federal Hazardous Substances Act (15 U.S.C. 1261(q)).
(c) Regulations.--The Consumer Product Safety Commission
(hereinafter referred to as the ``Commission'') shall
promulgate regulations, under section 553 of title 5, United
States Code, for the implementation of this section and
section 24 of the Federal Hazardous Substances Act by July 1,
1994, or the date that is 6 months after the date of
enactment of this Act, whichever occurs first. Subsections
(f) through (i) of section 3 of the Federal Hazardous
Substances Act (15 U.S.C. 1262) shall not apply with respect
to the issuance of regulations under this subsection.
(d) Effective Date: Applicability.--Subsections (a) and (b)
shall take effect January 1, 1995, and section 24 of the
Federal Hazardous Substances Act shall apply only to products
entered into commerce on or after January 1, 1995.
(e) Preemption.--
(1) In general.--Subject to paragraph (2), a State or
political subdivision of a State may not establish or enforce
a requirement relating to cautionary labeling of small parts
hazards or choking hazards in any toy, game, marble, small
ball, or balloon intended or suitable for use by children
unless such requirement is identical to a requirement
established by amendments made by this section to the Federal
Hazardous Substances Act or by regulations promulgated by the
Commission.
(2) Exception.--A State or political subdivision of a State
may, until January 1, 1995, enforce a requirement described
in paragraph (1) if such requirement was in effect on October
2, 1993.
SEC. 102. REPORTING REQUIREMENTS.
(a) Reports to Consumer Product Safety Commission.--
(1) Requirement to report.--Each manufacturer, distributor,
retailer, and importer of a marble, small ball, or latex
balloon, or a toy or game that contains a marble, small ball,
latex balloon, or other small part, shall report to the
Commission any information obtained by such manufacturer,
distributor, retailer, or importer which reasonably supports
the conclusion that--
(A) an incident occurred in which a child (regardless of
age) choked on such a marble, small ball, or latex balloon or
on a marble, small ball, latex balloon, or other small part
contained in such toy or game; and
(B) as a result of that incident the child died, suffered
serious injury, ceased breathing for any length of time, or
was treated by a medical professional.
(2) Treatment under cpsa.--For purposes of section 19(a)(3)
of the Consumer Product Safety Act (15 U.S.C. 2068(a)(3)),
the requirement to report information under this subsection
is deemed to be a requirement under such Act.
(3) Effect on liability.--A report by a manufacturer,
distributor, retailer, or importer under paragraph (1) shall
not be interpreted, for any purpose, as an admission of
liability or of the truth of the information contained in the
report.
(b) Confidentiality Protections.--The confidentiality
protections of section 6(b) of the Consumer Product Safety
Act (15 U.S.C. 2055(b)) apply to any information reported to
the Commission under subsection (a) of this section. For
purposes of section 6(b)(5) of such Act, information so
reported shall be treated as information submitted pursuant
to section 15(b) of such Act respecting a consumer product.
TITLE II--CHILDREN'S BICYCLE HELMET SAFETY
SEC. 201. SHORT TITLE.
This title may be cited as the ``Children's Bicycle Helmet
Safety Act of 1993''.
SEC. 202. STANDARDS.
(a) In General.--Bicycle helmets manufactured 9 months or
more after the date of the enactment of this Act shall
conform to--
(1) any interim standard described under subsection (b),
pending the establishment of a final standard pursuant to
subsection (c); and
(2) the final standard, once it has been established under
subsection (c).
(b) Interim Standards.--The interim standards are as
follows:
(1) The American National Standards Institute standard
designated as ``Z90.4-1984''.
(2) The Snell Memorial Foundation standard designated as
``B-90''.
(3) The American Society for Testing and Materials (ASTM)
standard designated as ``F 1447''.
(4) Any other standard that the Commission determines is
appropriate.
(c) Final Standard.--Not later than 60 days after the date
of the enactment of this
Act, the Commission shall begin a proceeding under section
553 of title 5, United States Code, to--
(1) review the requirements of the interim standards set
forth in subsection (a) and establish a final standard based
on such requirements;
(2) include in the final standard a provision to protect
against the risk of helmets coming off the heads of bicycle
riders;
(3) include in the final standard provisions that address
the risk of injury to children; and
(4) include additional provisions as appropriate.
Sections 7, 9, and 30(d) of the Consumer Product Safety Act
(15 U.S.C. 2056, 2058, 2079(d)) shall not apply to the
proceeding under this subsection and section 11 of such Act
(15 U.S.C. 2060) shall not apply with respect to any standard
issued under such proceeding. The final standard shall take
effect 1 year from the date it is issued.
(d) Failure To Meet Standards.--
(1) Failure to meet interim standard.--Until the final
standard takes effect, a bicycle helmet that does not conform
to an interim standard as required under subsection (a)(1)
shall be considered in violation of a consumer product safety
standard promulgated under the Consumer Product Safety Act.
(2) Status of final standard.--The final standard developed
under subsection (c) shall be considered a consumer product
safety standard promulgated under the Consumer Product Safety
Act.
A motion to reconsider the vote whereby said Senate amendment was
agreed to with an amendment was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
Para. 20.23 subpoena
The SPEAKER pro tempore, Mr. STRICKLAND, laid before the House a
communication, which was read as follows:
Congress of the United States,
House of Representatives, March 7, 1994.
Hon. Thomas Foley,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: In accordance with House Rule 50, I
respectfully notify you of my receipt of a witness subpoena
from the Superior Court of Cobb County, Georgia.
After consultation with the General Counsel to the House, I
have determined that compliance is not consistent with the
privileges and precedents of the House.
Sincerely,
Newt Gingrich.
Para. 20.24 message from the president--european union nuclear
cooperation
The SPEAKER pro tempore, Mr. STRICKLAND, laid before the House a
message from the President, which was read as follows:
To the Congress of the United States:
The United States has been engaged in nuclear cooperation with the
European Community (now European Union) for many years. This cooperation
was initiated under agreements that were concluded over three decades
ago between the United States and the European Atomic Energy Community
[EURATOM] and that extend until December 31, 1995. Since the inception
of
[[Page 234]]
this cooperation, EURATOM has adhered to all its obligations under those
agreements.
The Nuclear Non-Proliferation Act of 1978 amended the Atomic Energy
Act of 1954 to establish new nuclear export criteria, including a
requirement that the United States have a right to consent to the
reprocessing of fuel exported from the United States. Our present
agreements for cooperation with EURATOM do not contain such a right. To
avoid disrupting cooperation with EURATOM, a provision was included in
the law to enable continued cooperation until March 10, 1980, if EURATOM
agreed to negotiations concerning our cooperation agreements. EURATOM
agreed in 1978 to such negotiations.
The law also provides that nuclear cooperation with EURATOM can be
extended on an annual basis after March 10, 1980, upon determination by
the President that failure to cooperate would be seriously prejudicial
to the achievement of U.S. non-proliferation objectives or otherwise
jeopardize the common defense and security, and after notification to
the Congress. President Carter made such a determination 14 years ago
and signed Executive Order No. 12193, permitting nuclear cooperation
with EURATOM to continue until March 10, 1981. President Reagan made
such determinations in 1981, 1982, 1983, 1984, 1985, 1986, 1987, and
1988, and signed Executive Orders Nos. 12295, 12351, 12409, 12463,
12506, 12554, 12587, and 12629 permitting nuclear cooperation to
continue through March 10, 1989. President Bush made such determinations
in 1989, 1990, 1991, and 1992, and signed Executive Orders Nos. 12670,
12706, 12753, and 12791 permitting nuclear cooperation to continue
through March 10, 1993. Last year I signed Executive Order No. 12840 to
extend cooperation for an additional year, until March 10, 1994.
In addition to numerous informal contacts, the United States has
engaged in frequent talks with EURATOM regarding the renegotiation of
the U.S.-EURATOM agreements for cooperation. Talks were conducted in
November 1978, September 1979, April 1980, January 1982, November 1983,
March 1984, May, September, and November 1985, April and July 1986,
September 1987, September and November 1988, July and December 1989,
February, April, October, and December 1990, and September 1991. Formal
negotiations on a new agreement were held in April, September, and
December 1992, and in March, July, and October 1993. They are expected
to continue this year.
I believe that it is essential that cooperation between the United
States and EURATOM continue, and likewise, that we work closely with our
allies to counter the threat of proliferation of nuclear explosives. Not
only would a disruption of nuclear cooperation with EURATOM eliminate
any chance of progress in our talks with that organization related to
our agreements, it would also cause serious problems in our overall
relationships. Accordingly, I have determined that failure to continue
peaceful nuclear cooperation with EURATOM would be seriously prejudicial
to the achievement of U.S. nonproliferation objectives and would
jeopardize the common defense and security of the United States. I
therefore intend to sign an Executive order to extend the waiver of the
application of the relevant export criterion of the Atomic Energy Act
for an additional 12 months from March 10, 1994.
William J Clinton.
The White House, March 9, 1994.
By unanimous consent, the message was referred to the Committee on
Foreign Affairs and ordered to be printed (H. Doc. 103-217).
Para. 20.25 senate bill referred
A bill of the Senate of the following title was taken from the
Speaker's table and, under the rule, referred as follows:
S. 313. An Act to amend the San Juan Basin Wilderness
Protection Act of 1984 to designate additional lands as
wilderness and to establish the Fossil Forest Research
Natural Area, and for other purposes; to the Committee on
Natural Resources.
Para. 20.26 leave of absence
By unanimous consent, leave of absence was granted to Mr. HOUGHTON,
for March 8.
And then,
Para. 20.27 adjournment
On motion of Mr. Solomon, pursuant to the special order heretofore
agreed to, at 8 o'clock and 28 minutes p.m., the House adjourned until
10 o'clock a.m. on Thursday, March 10, 1994.
Para. 20.28 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. DERRICK: Committee on Rules. House Resolution 384.
Resolution providing for the consideration of H. Con. Res.
218, setting forth the congressional budget for the U.S.
Government for fiscal years 1995, 1996, 1997, 1998, and 1999
(Rept. No. 103-429). Ordered to be printed.
Para. 20.29 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. TAYLOR of Mississippi:
H.R. 3984. A bill to designate the U.S. post office located
at 212 Coleman Avenue in Waveland, MS, as the ``John Longo,
Jr. Post Office''; to the Committee on Post Office and Civil
Service.
By Mr. CRANE:
H.R. 3985. A bill to amend the Federal Rules of Evidence
with respect to the rule of privileges in civil cases; to the
Committee on the Judiciary.
By Mr. FAWELL (for himself, Mr. Archer, Mr. Ballenger,
Mr. Bartlett of Maryland, Mr. Boehner, Mr. Burton of
Indiana, Mr. Cox, Mr. Crane, Mr. Crapo, Mr. DeFazio,
Mr. Doolittle, Mr. Ehlers, Mr. Ewing, Mrs. Fowler,
Mr. Gilchrest, Mr. Goodlatte, Mr. Goodling, Mr.
Hancock, Mr. Hefley, Mr. Herger, Mr. Hoekstra, Mr.
King, Mr. Manzullo, Mr. Miller of Florida, Mr.
Nussle, Mr. Oxley, Mr. Paxon, Mr. Penny, Mr. Peterson
of Minnesota, Mr. Ramstad, Mr. Sensenbrenner, Mr.
Smith of Texas, Mr. Stearns, and, Mr. Zimmer):
H.R. 3986. A bill to rescind unauthorized supplemental
appropriations for fiscal year 1994, and for other purposes;
to the Committee on Appropriations.
By Mr. FIELDS of Texas (for himself, Mr. Studds, and
Mr. Beilenson):
H.R. 3987. A bill to provide for conservation of rhinoceros
and tigers; jointly, to the Committees on Merchant Marine and
Fisheries and Ways and Means.
By Mr. RAHALL:
H.R. 3988. A bill to provide for the preservation and
interpretation of certain lands and structures relating to
the coal mining heritage of the State of West Virginia and
the Nation; and for other purposes; to the Committee on
Natural Resources.
By Mr. SHAYS (for himself and Mr. Frank of
Massachusetts):
H.R. 3989. A bill to reduce domestic and defense
discretionary spending; jointly, to the Committees on
Science, Space, and Technology; Armed Services; Energy and
Commerce; and Natural Resources.
By Ms. SLAUGHTER (for herself, Mr. Abercrombie, Ms.
DeLauro, Mr. Evans, Mr. Frost, Mr. Hochbrueckner, Mr.
King, Mr. Klug, Mrs. Maloney, Mr. Stupak, Mr. Towns,
and Mr. Engel):
H.R. 3990. A bill to provide protection from sexual
predators; to the Committee on the Judiciary.
By Mr. SOLOMON:
H.R. 3991. A bill to prohibit federally sponsored research
pertaining to the legalization of drugs; to the Committee on
Government Operations.
H.R. 3992. A bill to prohibit foreign assistance to Russia
unless certain requirements relating to Russian intelligence
activities, relations between Russia and certain neighboring
countries, and the reform of the Russian economy are met;
jointly, to the Committees on Foreign Affairs and Banking,
Finance and Urban Affairs.
By Mr. RAMSTAD (for himself, Mr. Kennedy, and Mr.
Bliley):
H.R. 3993. A bill to amend title 18, United States Code,
with respect to the sexual exploitation of children; to the
Committee on the Judiciary.
By Mr. MONTGOMERY:
H.J. Res. 332. Joint resolution designating July 27 of each
year as the ``National Korean War Veterans Armistice Day'';
to the Committee on Post Office and Civil Service.
By Mr. JOHNSTON of Florida (for himself, Mr. Waxman,
Mr. Frost, Mr. Yates, Mr. Berman, Mr. Frank of
Massachusetts, Mr. Engel, Mr. Lewis of Georgia, Mr.
Shays, Mr. Fingerhut, Mr. Blackwell, Mr. Saxton, Mr.
Edwards of California, Mr. Deutsch, Mr. Wynn, Mr.
Pallone, Mr. Horn, Mr. Penny, Mr. Martinez, Mr.
Bacchus of Florida, Mrs. Meek of Florida, Mr. Cardin,
Ms. Cantwell, Ms. Brown of Florida, Mr. Payne of New
Jersey, Mr. Gejdenson, Mr. Peterson of Florida, Mr.
Wyden, Ms. Kaptur, Mr. Klein, Mrs. Thurman, Mr.
Andrews of New Jersey, Mr. Synar, Mr. Faleomavaega,
Mr. Markey, Mr. Levy, Mr. Leach, Mr. Sabo, Mr.
Borski, Mr. Hastings, and Mr. Menendez):
H. Con. Res. 219. Concurrent resolution to support the
Middle East peace process and
[[Page 235]]
condemn all acts of terrorism aimed at derailing that
process; to the Committee on Foreign Affairs.
By Ms. SNOWE (for herself and Mr. Schiff):
H. Con. Res. 220. Concurrent resolution expressing the
sense of the Congress on the need for accurate guidelines for
breast cancer screening for women ages 40-49; to the
Committee on Energy and Commerce.
By Mr. SOLOMON:
H. Con. Res. 221. Concurrent resolution declaring the sense
of Congress with respect to studies and research involving
the legalization of drugs; to the Committee on Government
Operations.
By Mr. BILIRAKIS:
H. Res. 382. Resolution providing for the consideration of
the bill (H.R. 65) to amend title 10, United States Code, to
permit retired members of the Armed Forces who have a
service-connected disability to receive military retired pay
concurrently with veterans' disability compensation; to the
Committee on Rules.
By Mr. THOMAS of California (for himself, Mr. Michel,
Mr. Gingrich, Mr. Roberts, Mr. Barrett of Nebraska,
Mr. Boehner, and Ms. Dunn):
H. Res. 383. Resolution amending the Rules of the House of
Representatives respecting committee staff; to the Committee
on Rules.
Para. 20.30 memorials
Under clause 4 of the rule XXII, memorials were presented and referred
as follows:
295. By the SPEAKER: Memorial of the House of
Representatives of the State of Arizona, relative to the U.S.
Air Force Armstrong Laboratory; to the Committee on Armed
Services.
296. Also, memorial of the House of Representatives of the
Commonwealth of Pennsylvania, relative to the war in Bosnia
and Herzegovina; to the Committee on Foreign Affairs.
297. Also, memorial of the Senate of the State of Arizona,
relative to the Santa Cruz River Basin; to the Committee on
Foreign Affairs.
298. Also, memorial of the Senate of the State of Arizona,
relative to erecting a statue or memorial honoring native
American veterans; to the Committee on House Administration.
299. Also, memorial of the House of Representatives of the
State of Arizona, relative to the Grand Canyon Protection Act
of 1991; to the Committee on Natural Resources.
300. Also, memorial of the Senate of the State of Arizona,
relative to tribal governments; to the Committee on Natural
Resources.
301. Also, memorial of the Senate of the State of Arizona,
relative to S. 433 and H.R. 918; to the Committee on Natural
Resources.
302. Also, memorial of the House of Representatives of the
State of Arizona, relative to the Cave Creek Canyon
Protection Act of 1991; to the Committee on Natural
Resources.
303. Also, memorial of the Legislative of the State of
Nebraska, relative to the physical desecration of the flag of
the United States; to the Committee on the Judiciary.
304. Also, memorial of the Senate of the State of Arizona,
relative to north-south trade corridors and transportation
infrastructure improvements; to the Committee on Public Works
and Transportation.
305. Also, memorial of the House of Representatives of the
State of Arizona, relative to north-south trade corridors,
including the extension of Interstate 17; to the Committee on
Public Works and Transportation.
306. Also, memorial of the House of Representatives of the
State of Arizona, relative to the Social Security Notch
Adjustment Act; to the Committee on Ways and Means.
307. Also, memorial of the House of Representatives of the
State of Arizona, relative to enacting an income tax
deduction for medical insurance costs of self-employed
individuals; to the Committee on Ways and Means.
308. Also, memorial of the Senate of the State of Arizona,
relative to the Indian Health Service; jointly, to the
Committees on Natural Resources and Energy and Commerce.
309. Also, memorial of the Senate of the State of Arizona,
relative to the highway trust fund and the airport and airway
trust fund; jointly, to the Committees on Public Works and
Transportation and Government Operations.
Para. 20.31 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 65: Mr. Shaw and Mr. Clement.
H.R. 71: Mr. Gilman.
H.R. 87: Mr. Thomas of Wyoming.
H.R. 302: Mr. Goodlatte, Mr. Hobson, and Mr. Ford of
Michigan.
H.R. 303: Mr. Bishop, Mr. Shaw, Ms. Ros-Lehtinen, and Mr.
Tejeda.
H.R. 306: Mr. Boehner.
H.R. 624: Mr. Herger, Mr. Packard, Mr. Hoagland, Mr.
Sarpalius, and Mr. Manzullo.
H.R. 773: Mr. Kasich.
H.R. 894: Mr. Emerson.
H.R. 911: Mr. Sarpalius and Mrs. Maloney.
H.R. 1026: Mr. Franks of New Jersey.
H.R. 1275: Mr. Kildee.
H.R. 1276: Mr. Knollenberg and Mr. Stearns.
H.R. 1286: Mr. Bachus of Alabama, Mr. Fingerhut, Mr. Pombo,
Mr. Cox, Mr. Wheat, Mr. Lazio, and Mr. Bartlett of Maryland.
H.R. 1349: Mr. Ridge.
H.R. 1417: Mrs. Thurman.
H.R. 1487: Mr. Franks of New Jersey.
H.R. 1583: Mr. Bilbray, Mr. Grams, Mr. Calvert, and Mr.
Miller of Florida.
H.R. 1712: Mr. Upton.
H.R. 1886: Mr. Barca of Wisconsin.
H.R. 2012: Mr. Solomon and Mr. Hobson.
H.R. 2210: Mr. Talent.
H.R. 2227: Mr. Oberstar and Mr. Levy.
H.R. 2417: Ms. Furse.
H.R. 2420: Mr. Walsh.
H.R. 2460: Mr. Callahan.
H.R. 2623: Mr. Hutto, Mr. Greenwood, and Mr. DeFazio.
H.R. 2641: Ms. Eshoo.
H.R. 2710: Mr. Waxman, Mr. Berman, Mr. Wise, Mr. Foglietta,
Mr. Johnston of Florida, Mr. Swett, and Mr. Kreidler.
H.R. 2727: Mr. Wynn and Mr. McDermott.
H.R. 2790: Mr. Ackerman.
H.R. 2882: Mr. Dornan.
H.R. 2930: Mrs. Clayton, Mr. Flake, Mr. Owens, Ms.
McKinney, Ms. Velazquez, Ms. Norton, and Ms. Woolsey.
H.R. 2995: Mr. Knollenberg.
H.R. 3017: Mr. Lipinski, Mr. Dornan, Mr. Roberts, and Mr.
Goodling.
H.R. 3075: Mr. Menendez, Mr. Romero-Barcelo, and Mr.
Ackerman.
H.R. 3320: Mr. Moran.
H.R. 3333: Mr. Crapo.
H.R. 3347: Mr. Neal of North Carolina.
H.R. 3392: Mr. Jacobs, Mr. Royce, Mr. Inglis of South
Carolina, Mr. Istook, Mr. Boehner, Mr. Rose, and Mr. Orton.
H.R. 3397: Mr. Valentine, Mr. McCollum, Mr. Penny, and Mr.
Calvert.
H.R. 3465: Mr. Minge.
H.R. 3534: Ms. Furse and Mr. LaFalce.
H.R. 3546: Mr. Gillmor, Mr. Gunderson, Mr. McDade, and Mr.
Collins of Georgia.
H.R. 3584: Mr. Barca of Wisconsin, Mr. Hutto, Mr. McHugh,
Mr. Mann, Mr. Manzullo, Mr. Sarpalius, and Mr. Traficant.
H.R. 3600: Mr. Markey.
H.R. 3630: Mr. Gejdenson, Mr. Bishop, Mr. Foglietta, Mr.
Dornan, and Mr. Reynolds.
H.R. 3663: Mr. Dixon, Mr. Moran, and Mr. Faleomavaega.
H.R. 3745: Mrs. Kennelly, Mr. de Lugo, and Mr. Smith of
Iowa.
H.R. 3846: Mr. Regula, Mr. Frank of Massachusetts, Mr. Cox,
Mr. Fawell, Mr. Barrett of Wisconsin, Mr. Shays, Mr. Hyde,
Mr. Klink, Mr. Zimmer, Mr. Archer, Mr. Packard, Mr. Klug,
Mrs. Roukema, Mr. Kreidler, Mr. Dornan, Mr. Hancock, Mr.
Crapo, Mr. Saxton, Mrs. Schroeder, Mr. Shaw, Mr. Kim, Mr.
Petri, Mrs. Maloney, Mr. Miller of Florida, Mr. Ramstad, Mr.
Rohrabacher, Mr. Franks of New Jersey, Mrs. Johnson of
Connecticut, and Mr. DeFazio.
H.R. 3863: Mr. Stokes, Mr. Dellums, Mr. Lipinski, Miss.
Collins of Michigan, Mr. Hilliard, Mr. Towns, Mr. Montgomery,
Mr. Wilson, and Mr. Frost.
H.R. 3871: Mr. Weldon, Mr. Saxton, Mr. Dornan, Mr.
Torkildsen, Mr. Fawell, Mr. Manzullo, and Mr. Schiff.
H.R. 3872: Mr. Levy, Ms. Woolsey, Mr. Pete Geren of Texas,
Mr. Lewis of Florida, and Mr. Young of Alaska.
H.R. 3895: Mr. McCollum, Mr. Penny, and Mr. Gordon.
H.R. 3900: Mr. Bryant, Mr. DeFazio, Mr. Frank of
Massachusetts, Mr. Frost, Mr. Fazio, Mr. Sawyer, Mr. Sabo,
and Mr. Edwards of California.
H.R. 3906: Ms. Pelosi.
H.R. 3925: Mr. Reynolds, Mr. Montgomery, Mr. Pastor, Mrs.
Byrne, Mr. Meehan, and Mr. Frost.
H.R. 3929: Mr. McDade, Mr. Lewis of Florida, Mr. Poshard,
Mr. Emerson, Mr. Buyer, Mr. McHugh, Mr. Oxley, and Mr.
Kleczka.
H.R. 3930: Mr. Buyer and Mr. Gallegly.
H.R. 3951: Mr. Paxon, Mr. Hamilton, Mr. Bliley, Mr.
Roberts, Mr. Upton, Mr. Cooper, Mr. Tanner, and Mr. Wolf.
H.R. 3978: Mr. Doolittle.
H.J. Res. 113: Mr. Crapo.
H.J. Res. 253: Mr. Wise, Mr. Coyne, Mr. Meehan, Mr. Markey,
Mrs. Bentley, Miss Collins of Michigan, Mr. Dingell, and Mr.
Quillen.
H.J. Res. 264: Mr. Klug.
H.J. Res. 287: Mr. Ridge, Mr. Quinn, Mr. Hochbrueckner, Mr.
Blute, Mr. Kasich, Mr. Bereuter, Mr. Frost, Mr. Kleczka, Mr.
Murtha, Mrs. Mink of Hawaii, Mr. Faleomavaega, Mrs. Kennelly,
Mr. Lipinski, Mr. Borski, Mr. Brown of Ohio, Mr. McDermott,
and Mr. Hughes.
H.J. Res. 305: Mr. Martinez, Mr. Gonzalez, Mr. Neal of
North Carolina, Mr. Machtley, Mr. Brown of Ohio, and Mr.
Dixon.
H.J. Res. 310: Mr. Schumer, Mr. Swett, Ms. Furse, Mr.
Shays, Mr. Neal of Massachusetts, Mr. Berman, Mr. Moran, Mr.
Clement, Mr. McCloskey, Mr. Johnson of South Dakota, Mr.
Conyers, Mr. Skeen, Mr. Hyde, Mr. McDade, Mr. Doolittle, Mr.
Volkmer, Mr. Thomas of California, Mr. Paxon, Mr. Crane, Ms.
Danner, Mr. Yates, Mr. Owens, Mr. Oxley, Mr. Bonior, Mr.
Valentine, Ms. Roybal-Allard, Mr. Young of Florida, Mr.
Upton, Mr. Dellums, Mr. Hobson, Mrs. Meek of Florida, Mr.
Nussle, Mr. Condit, Mrs. Vucanovich, and Mr. Moorhead.
H.J. Res. 314: Mr. Murphy, Mr. Bacchus of Florida, Mr.
Callahan, Mr. de Lugo, Mr. Evans, and Mr. Weldon.
H.J. Res. 328: Mr. Evans, Mr. Clay, Mr. Solomon, and Mr.
Saxton.
H. Con. Res. 84: Mr. Myers of Indiana, Mr. Hutto, and Mrs.
Morella.
H. Con. Res. 147: Mrs. Schroder and Mrs. Unsoeld.
[[Page 236]]
H. Con. Res. 148: Mr. Johnson of South Dakota.
H. Con. Res. 166: Mr. Clyburn and Mr. Linder.
H. Res. 236: Mr. Packard, Mr. Neal of North Carolina, Mr.
Rogers, Mr. Gallegly, Mr. Meehan, Mr. Cramer, Mr. Paxon, and
Mr. Gilman.
H. Res. 365: Mr. Saxton.
Para. 20.32 petitions, etc.
Under clause 1 of rule XXII,
77. The SPEAKER presented a petition of a Free Democratic
Party [FDP], Republic of Liberia, relative to United States
humanitarian assistance to Liberia; which was referred to the
Committee on Foreign Affairs.
.
THURSDAY, MARCH 10, 1994 (21)
The House was called to order by the SPEAKER.
Para. 21.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Wednesday, March 9, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 21.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2744. A letter from the Auditor, District of Columbia,
transmitting a copy of a report entitled ``Review of the
Department of Public and Assisted Housing's Response to
Selected Audit Recommendations,'' pursuant to D.C. Code,
section 47-117(d); to the Committee on the District of
Columbia.
2745. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting a copy of Presidential
Determination No. 94-15: Eligibility of Eritrea to be
Furnished Defense Articles and Services Under the Foreign
Assistance Act and the Arms Export Control Act, pursuant to
22 U.S.C. 2311(a) and 22 U.S.C. 2753(a)(1); to the Committee
on Foreign Affairs.
2746. A letter from the Acting Chairman, Commodity Futures
Trading Commission, transmitting a report of activities under
the Freedom of Information Act for calendar year 1993,
pursuant to 5 U.S.C. 552(d); to the Committee on Government
Operations.
2747. A letter from the Executive Director, Interstate
Commission on the Potomac River Basin, transmitting the
annual report under the Federal Managers' Financial Integrity
Act for fiscal year 1993, pursuant to 31 U.S.C. 3512(c)(3);
to the Committee on Government Operations.
2748. A letter from the Chairman, Cost Accounting Standards
Board, Office of Federal Procurement Policy, transmitting the
fourth annual report of the Cost Accounting Standards Board,
pursuant to Public Law 100-679, section 5(a) (102 Stat.
4062); to the Committee on Government Operations.
2749. A letter from the Chairman, U.S. Nuclear Regulatory
Commission, transmitting a report of activities under the
Freedom of Information Act for calendar year 1993, pursuant
to 5 U.S.C. 552(d); to the Committee on Government
Operations.
2750. A letter from the Secretary of Health and Human
Services, transmitting a draft of proposed legislation to
amend the Immigration and Nationality Act to authorize
appropriations for refugee and entrant assistance for fiscal
years 1995 and 1996, pursuant to 31 U.S.C. 1110; to the
Committee on the Judiciary.
2751. A letter from the Chairman, U.S. Merit Systems
Protection Board, transmitting the 15th annual report on the
activities of the Board during fiscal year 1993, pursuant to
5 U.S.C. 1206; to the Committee on Post Office and Civil
Service.
2752. A letter from the Secretary, Department of
Transportation, transmitting a report on State participation
in the National Motor Vehicle Title Information System,
pursuant to 15 U.S.C. 2043; jointly, to the Committees on the
Judiciary and Energy and Commerce.
Para. 21.3 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed a bill of the following title, in which the
concurrence of the House is requested:
S. 1913. An Act to extend certain compliance dates for
pesticide safety training and labeling requirements.
The message also announced that the Senate disagreed to the amendments
of the House to the bill (S. 1284) ``An Act to amend the Developmental
Disabilities Assistance and Bill of Rights Act to expand or modify
certain provisions relating to programs for individuals with
developmental disabilities, Federal assistance for priority area
activities for individuals with developmental disabilities, protection
and advocacy of individual rights, university affiliated programs, and
projects of national significance, and for other purposes,'' requested a
conference with the House on the disagreeing votes of the two Houses
thereon, and appointed Mr. Kennedy, Mr. Harkin, Mr. Metzenbaum, Mrs.
Kassebaum, and Mr. Durenberger, to be the conferees on the part of the
Senate.
Para. 21.4 providing for the consideration of h. con. res. 218
Mr. DERRICK, by direction of the Committee on Rules, called up the
following resolution (H. Res. 384):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the concurrent resolution (H. Con. Res. 218) setting forth
the congressional budget for the United States Government for
the fiscal years 1995, 1996, 1997, 1998, and 1999. The first
reading of the concurrent resolution shall be dispensed with.
All points of order against the concurrent resolution and
against its consideration are waived. Initial general debate
shall be confined to the congressional budget and shall not
exceed two hours (including one hour on the subject of
economic goals and policies) equally divided and controlled
by the chairman and ranking minority member of the Committee
on the Budget. After initial general debate, an additional
period of general debate shall be confined to the subject of
the amendment numbered 4 in the report of the Committee on
Rules accompanying this resolution and shall not exceed one
hour equally divided and controlled by Representative Kasich
of Ohio and an opponent. After general debate on the subject
of the amendment numbered 4, an additional period of general
debate shall be confined to the subject of the amendment
numbered 3 of the report of the Committee on Rules and shall
not exceed one hour equally divided and controlled by
Representative Mfume of Maryland and an opponent. After
general debate on the subject of the amendment numbered 3,
the concurrent resolution shall be considered for amendment
under the five-minute rule and shall be considered as read.
No amendment shall be in order except those printed in the
report of the Committee on Rules. Each amendment may be
offered only in the order printed in the report, may be
offered only by a Member designated in the report, shall be
considered as read, shall be debatable for one hour equally
divided and controlled by the proponent and an opponent, and
shall not be subject to amendment. All points of order
against the amendments printed in the report are waived. If
more than one amendment in the nature of a substitute is
adopted, only the last to be adopted shall be considered as
finally adopted and reported to the House. After the
conclusion of consideration of the concurrent resolution for
amendment, and a final period of general debate, which shall
not exceed ten minutes equally divided and controlled by the
chairman and ranking minority member of the Committee on the
Budget, the Committee shall rise and report the concurrent
resolution to the House with such amendment as may have been
finally adopted. The previous question shall be considered as
ordered on the concurrent resolution and amendments thereto
to final adoption without intervening motion except
amendments offered by the chairman of the Committee on the
Budget pursuant to section 305(a)(5) of the Congressional
Budget Act of 1974 to achieve mathematical consistency. The
concurrent resolution shall not be subject to a demand for
division of the question of its adoption.
When said resolution was considered.
After debate,
On motion of Mr. DERRICK, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. CLYBURN, announced that the yeas had it.
Mr. GOSS objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
245
When there appeared
<3-line {>
Nays
171
Para. 21.5 [Roll No. 50]
YEAS--245
Abercrombie
Ackerman
Andrews (ME)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Cooper
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
[[Page 237]]
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--171
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Coppersmith
Cox
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Linder
Livingston
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Porter
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--17
Andrews (NJ)
Andrews (TX)
Brooks
Conyers
Crane
Crapo
Dellums
Gallo
Hastings
Kopetski
Lightfoot
Natcher
Portman
Reynolds
Schumer
Walsh
Washington
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 21.6 hour of meeting
On motion of Mr. DERRICK, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at
10:00 a.m. on Friday, March 11, 1994.
Para. 21.7 congressional budget, fy 1995
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, pursuant to House
Resolution 384 and rule XXIII, declared the House resolved into the
Committee of the Whole House on the state of the Union for the
consideration of the following concurrent resolution (H. Con. Res. 218):
Resolved by the House of Representatives (the Senate
concurring),
SECTION 1. CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL
YEAR 1995.
The Congress determines and declares that this resolution
is the concurrent resolution on the budget for fiscal year
1995, including the appropriate budgetary levels for fiscal
years 1996, 1997, 1998, and 1999, as required by section 301
of the Congressional Budget Act of 1974.
SEC. 2. RECOMMENDED LEVELS AND AMOUNTS.
The following budgetary levels are appropriate for the
fiscal years beginning on October 1, 1994, October 1, 1995,
October 1, 1996, October 1, 1997, and October 1, 1998:
(1) The recommended levels of Federal revenues are as
follows:
Fiscal year 1995: $977,800,000,000.
Fiscal year 1996: $1,031,200,000,000.
Fiscal year 1997: $1,079,700,000,000.
Fiscal year 1998: $1,136,400,000,000.
Fiscal year 1999: $1,190,200,000,000.
and the amounts by which the aggregate levels of Federal
revenues should be increased are as follows:
Fiscal year 1995: $0.
Fiscal year 1996: $0.
Fiscal year 1997: $0.
Fiscal year 1998: $0.
Fiscal year 1999: $0.
and the amounts for Federal Insurance Contributions Act
revenues for hospital insurance within the recommended levels
of Federal revenues are as follows:
Fiscal year 1995: $100,300,000,000.
Fiscal year 1996: $106,300,000,000.
Fiscal year 1997: $111,900,000,000.
Fiscal year 1998: $117,800,000,000.
Fiscal year 1999: $123,700,000,000.
(2) The appropriate levels of total new budget authority
are as follows:
Fiscal year 1995: $1,246,800,000,000.
Fiscal year 1996: $1,308,400,000,000.
Fiscal year 1997: $1,374,400,000,000.
Fiscal year 1998: $1,447,800,000,000.
Fiscal year 1999: $1,531,400,000,000.
(3) The appropriate levels of total budget outlays are as
follows:
Fiscal year 1995: $1,225,500,000,000.
Fiscal year 1996: $1,284,700,000,000.
Fiscal year 1997: $1,356,500,000,000.
Fiscal year 1998: $1,419,000,000,000.
Fiscal year 1999: $1,495,000,000,000.
(4) The amounts of the deficits are as follows:
Fiscal year 1995: $247,700,000,000.
Fiscal year 1996: $253,500,000,000.
Fiscal year 1997: $276,800,000,000.
Fiscal year 1998: $282,600,000,000.
Fiscal year 1999: $304,800,000,000.
(5) The appropriate levels of the public debt are as
follows:
Fiscal year 1995: $4,968,300,000,000.
Fiscal year 1996: $5,293,800,000,000.
Fiscal year 1997: $5,640,100,000,000.
Fiscal year 1998: $5,996,200,000,000.
Fiscal year 1999: $6,367,300,000,000.
(6) The appropriate levels of total Federal credit activity
for the fiscal years beginning on October 1, 1994, October 1,
1995, October 1, 1996, October 1, 1997, and October 1, 1998,
are as follows:
Fiscal year 1995:
(A) New direct loan obligations, $26,700,000,000.
(B) New primary loan guarantee commitments,
$199,700,000,000.
Fiscal year 1996:
(A) New direct loan obligations, $32,100,000,000.
(B) New primary loan guarantee commitments,
$174,400,000,000.
Fiscal year 1997:
(A) New direct loan obligations, $33,800,000,000.
(B) New primary loan guarantee commitments,
$164,600,000,000.
Fiscal year 1998:
(A) New direct loan obligations, $35,700,000,000.
(B) New primary loan guarantee commitments,
$164,100,000,000.
Fiscal year 1999:
(A) New direct loan obligations, $37,800,000,000.
(B) New primary loan guarantee commitments,
$163,500,000,000.
SEC. 3. MAJOR FUNCTIONAL CATEGORIES.
The Congress determines and declares that the appropriate
levels of new budget authority, budget outlays, new direct
loan obligations, new primary loan guarantee commitments, and
new secondary loan guarantee commitments for fiscal years
1995 through 1999 for each major functional category are:
(1) National Defense (050):
Fiscal year 1995:
(A) New budget authority, $263,300,000,000.
(B) Outlays, $270,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $255,300,000,000.
(B) Outlays, $261,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $252,000,000,000.
(B) Outlays, $256,600,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
[[Page 238]]
Fiscal year 1998:
(A) New budget authority, $258,700,000,000.
(B) Outlays, $256,700,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $258,700,000,000.
(B) Outlays, $256,700,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(2) International Affairs (150):
Fiscal year 1995:
(A) New budget authority, $19,200,000,000.
(B) Outlays, $18,100,000,000.
(C) New direct loan obligations, $3,200,000,000.
(D) New primary loan guarantee commitments,
$18,000,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $17,200,000,000.
(B) Outlays, $17,300,000,000.
(C) New direct loan obligations, $2,800,000,000.
(D) New primary loan guarantee commitments,
$18,500,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $17,000,000,000.
(B) Outlays, $17,300,000,000.
(C) New direct loan obligations, $2,600,000,000.
(D) New primary loan guarantee commitments,
$18,500,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $16,800,000,000.
(B) Outlays, $17,700,000,000.
(C) New direct loan obligations, $2,400,000,000.
(D) New primary loan guarantee commitments,
$18,500,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $17,000,000,000.
(B) Outlays, $17,700,000,000.
(C) New direct loan obligations, $2,400,000,000.
(D) New primary loan guarantee commitments,
$16,500,000,000.
(E) New secondary loan guarantee commitments, $0.
(3) General Science, Space, and Technology (250):
Fiscal year 1995:
(A) New budget authority, $17,200,000,000.
(B) Outlays, $17,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $17,200,000,000.
(B) Outlays, $17,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $17,300,000,000.
(B) Outlays, $17,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $17,400,000,000.
(B) Outlays, $17,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $17,400,000,000.
(B) Outlays, $17,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(4) Energy (270):
Fiscal year 1995:
(A) New budget authority, $6,000,000,000.
(B) Outlays, $5,000,000,000.
(C) New direct loan obligations, $1,400,000,000.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $5,900,000,000.
(B) Outlays, $5,100,000,000.
(C) New direct loan obligations, $1,500,000,000.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $5,900,000,000.
(B) Outlays, $4,900,000,000.
(C) New direct loan obligations, $1,500,000,000.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $6,100,000,000.
(B) Outlays, $4,700,000,000.
(C) New direct loan obligations, $1,500,000,000.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $5,400,000,000.
(B) Outlays, $4,200,000,000.
(C) New direct loan obligations, $1,500,000,000.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(5) Natural Resources and Environment (300):
Fiscal year 1995:
(A) New budget authority, $21,400,000,000.
(B) Outlays, $21,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $22,200,000,000.
(B) Outlays, $21,700,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $22,100,000,000.
(B) Outlays, $21,700,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $22,000,000,000.
(B) Outlays, $21,600,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $21,600,000,000.
(B) Outlays, $21,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(6) Agriculture (350):
Fiscal year 1995:
(A) New budget authority, $12,600,000,000.
(B) Outlays, $11,900,000,000.
(C) New direct loan obligations, $10,100,000,000.
(D) New primary loan guarantee commitments, $7,400,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $13,200,000,000.
(B) Outlays, $12,100,000,000.
(C) New direct loan obligations, $9,700,000,000.
(D) New primary loan guarantee commitments, $7,400,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $13,700,000,000.
(B) Outlays, $12,400,000,000.
(C) New direct loan obligations, $9,700,000,000.
(D) New primary loan guarantee commitments, $7,400,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $13,900,000,000.
(B) Outlays, $12,700,000,000.
(C) New direct loan obligations, $9,800,000,000.
(D) New primary loan guarantee commitments, $7,400,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $14,200,000,000.
(B) Outlays, $13,100,000,000.
(C) New direct loan obligations, $9,900,000,000.
(D) New primary loan guarantee commitments, $7,400,000,000.
(E) New secondary loan guarantee commitments, $0.
(7) Commerce and Housing Credit (370):
Fiscal year 1995:
(A) New budget authority, $7,300,000,000.
(B) Outlays, -$8,500,000,000.
(C) New direct loan obligations, $2,800,000,000.
(D) New primary loan guarantee commitments,
$117,900,000,000.
(E) New secondary loan guarantee commitments,
$130,000,000,000.
Fiscal year 1996:
(A) New budget authority, $5,300,000,000.
(B) Outlays, -$10,900,000,000.
(C) New direct loan obligations, $3,000,000,000.
(D) New primary loan guarantee commitments,
$103,200,000,000.
(E) New secondary loan guarantee commitments,
$110,000,000,000.
Fiscal year 1997:
(A) New budget authority, $5,100,000,000.
(B) Outlays, -$3,500,000,000.
(C) New direct loan obligations, $3,100,000,000.
(D) New primary loan guarantee commitments,
$95,900,000,000.
(E) New secondary loan guarantee commitments,
$110,000,000,000.
Fiscal year 1998:
[[Page 239]]
(A) New budget authority, $5,200,000,000.
(B) Outlays, -$2,900,000,000.
(C) New direct loan obligations, $3,200,000,000.
(D) New primary loan guarantee commitments,
$96,600,000,000.
(E) New secondary loan guarantee commitments,
$110,000,000,000.
Fiscal year 1999:
(A) New budget authority, $5,200,000,000.
(B) Outlays, -$1,900,000,000.
(C) New direct loan obligations, $3,400,000,000.
(D) New primary loan guarantee commitments,
$99,500,000,000.
(E) New secondary loan guarantee commitments,
$110,000,000,000.
(8) Transportation (400):
Fiscal year 1995:
(A) New budget authority, $41,800,000,000.
(B) Outlays, $38,800,000,000.
(C) New direct loan obligations, $100,000,000.
(D) New primary loan guarantee commitments, $500,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $41,800,000,000.
(B) Outlays, $39,600,000,000.
(C) New direct loan obligations, $100,000,000.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $43,100,000,000.
(B) Outlays, $40,100,000,000.
(C) New direct loan obligations, $100,000,000.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $43,900,000,000.
(B) Outlays, $40,300,000,000.
(C) New direct loan obligations, $100,000,000.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $44,700,000,000.
(B) Outlays, $40,300,000,000.
(C) New direct loan obligations, $100,000,000.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(9) Community and Regional Development (450):
Fiscal year 1995:
(A) New budget authority, $9,500,000,000.
(B) Outlays, $9,300,000,000.
(C) New direct loan obligations, $2,200,000,000.
(D) New primary loan guarantee commitments, $3,600,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $9,000,000,000.
(B) Outlays, $8,900,000,000.
(C) New direct loan obligations, $2,200,000,000.
(D) New primary loan guarantee commitments, $3,600,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $9,000,000,000.
(B) Outlays, $9,000,000,000.
(C) New direct loan obligations, $2,200,000,000.
(D) New primary loan guarantee commitments, $3,600,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $9,000,000,000.
(B) Outlays, $9,100,000,000.
(C) New direct loan obligations, $2,200,000,000.
(D) New primary loan guarantee commitments, $3,600,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $9,000,000,000.
(B) Outlays, $9,100,000,000.
(C) New direct loan obligations, $2,200,000,000.
(D) New primary loan guarantee commitments, $3,600,000,000.
(E) New secondary loan guarantee commitments, $0.
(10) Education, Training, Employment, and Social Services
(500):
Fiscal year 1995:
(A) New budget authority, $57,000,000,000.
(B) Outlays, $53,400,000,000.
(C) New direct loan obligations, $5,500,000,000.
(D) New primary loan guarantee commitments,
$19,000,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $58,200,000,000.
(B) Outlays, $55,200,000,000.
(C) New direct loan obligations, $11,500,000,000.
(D) New primary loan guarantee commitments,
$14,000,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $59,900,000,000.
(B) Outlays, $58,000,000,000.
(C) New direct loan obligations, $13,200,000,000.
(D) New primary loan guarantee commitments,
$13,200,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $61,700,000,000.
(B) Outlays, $60,600,000,000.
(C) New direct loan obligations, $15,100,000,000.
(D) New primary loan guarantee commitments,
$12,300,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $61,800,000,000.
(B) Outlays, $60,800,000,000.
(C) New direct loan obligations, $16,800,000,000.
(D) New primary loan guarantee commitments,
$11,200,000,000.
(E) New secondary loan guarantee commitments, $0.
(11) Health (550):
Fiscal year 1995:
(A) New budget authority, $123,400,000,000.
(B) Outlays, $122,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $400,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $136,600,000,000.
(B) Outlays, $135,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $300,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $150,900,000,000.
(B) Outlays, $149,800,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $200,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $166,600,000,000.
(B) Outlays, $165,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $100,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $182,900,000,000.
(B) Outlays, $181,700,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(12) Medicare (570):
Fiscal year 1995:
(A) New budget authority, $162,400,000,000.
(B) Outlays, $160,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $180,500,000,000.
(B) Outlays, $178,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $198,500,000,000.
(B) Outlays, $196,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $217,700,000,000.
(B) Outlays, $215,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $242,200,000,000.
(B) Outlays, $239,000,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(13) Income Security (600):
Fiscal year 1995:
(A) New budget authority, $219,800,000,000.
(B) Outlays, $220,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $234,500,000,000.
(B) Outlays, $229,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $249,100,000,000.
(B) Outlays, $242,600,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $261,000,000,000.
[[Page 240]]
(B) Outlays, $253,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $272,200,000,000.
(B) Outlays, $264,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(14) Social Security (650):
Fiscal year 1995:
(A) New budget authority, $6,800,000,000.
(B) Outlays, $9,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $6,300,000,000.
(B) Outlays, $9,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $8,300,000,000.
(B) Outlays, $11,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $9,000,000,000.
(B) Outlays, $12,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $9,800,000,000.
(B) Outlays, $13,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(15) Veterans Benefits and Services (700):
Fiscal year 1995:
(A) New budget authority, $37,200,000,000.
(B) Outlays, $36,600,000,000.
(C) New direct loan obligations, $1,400,000,000.
(D) New primary loan guarantee commitments,
$32,900,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $37,600,000,000.
(B) Outlays, $36,600,000,000.
(C) New direct loan obligations, $1,300,000,000.
(D) New primary loan guarantee commitments,
$27,400,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $38,500,000,000.
(B) Outlays, $38,300,000,000.
(C) New direct loan obligations, $1,400,000,000.
(D) New primary loan guarantee commitments,
$25,800,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $38,600,000,000.
(B) Outlays, $38,500,000,000.
(C) New direct loan obligations, $1,400,000,000.
(D) New primary loan guarantee commitments,
$25,600,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $39,700,000,000.
(B) Outlays, $39,700,000,000.
(C) New direct loan obligations, $1,500,000,000.
(D) New primary loan guarantee commitments,
$25,300,000,000.
(E) New secondary loan guarantee commitments, $0.
(16) Administration of Justice (750):
Fiscal year 1995:
(A) New budget authority, $18,000,000,000.
(B) Outlays, $16,800,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $20,800,000,000.
(B) Outlays, $19,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $21,700,000,000.
(B) Outlays, $20,600,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $22,700,000,000.
(B) Outlays, $22,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $22,800,000,000.
(B) Outlays, $22,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(17) General Government (800):
Fiscal year 1995:
(A) New budget authority, $13,700,000,000.
(B) Outlays, $13,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $13,500,000,000.
(B) Outlays, $14,700,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $13,400,000,000.
(B) Outlays, $13,900,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $13,100,000,000.
(B) Outlays, $13,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $13,200,000,000.
(B) Outlays, $13,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(18) Net Interest (900):
Fiscal year 1995:
(A) New budget authority, $247,100,000,000.
(B) Outlays, $247,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $267,200,000,000.
(B) Outlays, $267,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $282,800,000,000.
(B) Outlays, $282,800,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $298,500,000,000.
(B) Outlays, $298,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $315,800,000,000.
(B) Outlays, $315,800,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(19) Allowances (920):
Fiscal year 1995:
(A) New budget authority, -$800,000,000.
(B) Outlays, -$1,800,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, -$3,600,000,000.
(B) Outlays, -$2,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, -$3,600,000,000.
(B) Outlays, -$2,600,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, -$2,900,000,000.
(B) Outlays, -$6,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $9,400,000,000.
(B) Outlays, -$900,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(20) Undistributed Offsetting Receipts (950):
[[Page 241]]
Fiscal year 1995:
(A) New budget authority, -$36,100,000,000.
(B) Outlays, -$36,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, -$30,300,000,000.
(B) Outlays, -$30,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, -$30,300,000,000.
(B) Outlays, -$30,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, -$31,200,000,000.
(B) Outlays, -$31,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, -$31,600,000,000.
(B) Outlays, -$31,600,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
SEC. 4. HEALTH CARE REFORM.
(a) If health care reform legislation is reported
(including by a committee of conference), budget authority,
outlays, and new entitlement authority shall be allocated to
committees, and the total levels of budget authority,
outlays, and revenues shall be adjusted, to reflect such
legislation if the legislation in the form in which it will
be considered would not increase the total deficit for the
period of fiscal years 1995 through 1999.
(b) Upon reporting of legislation described in subsection
(a) and again upon submission of a conference report on such
legislation, the chairman of the Committee on the Budget
shall publish in the Congressional Record revised allocations
under section 602(a) of the Congressional Budget Act of 1974
and revised levels of total budget authority, outlays, and
revenues to carry out this section. Such allocations and
totals shall be considered as the allocations and aggregates
under this resolution.
SEC. 5. SENSE OF THE CONGRESS.
It is the sense of Congress that the following legislation
should be enacted:
(1) Legislation providing enforceable limits to control the
growth of entitlement or mandatory spending.
(2) Amendments to the Budget Enforcement Act of 1990 to
establish a regular procedure to provide assistance for
disasters and other emergencies without adding to the
deficit.
(3) Legislation granting the President expedited rescission
authority over appropriations measures, as provided by H.R.
1578, as passed the House.
SEC. 6. SENSE OF COMMITTEE ON THE BUDGET ON SCORING HEALTH
REFORM.
It is the sense of the Committee on the Budget that all
financial transactions associated with the President's health
reform legislation or similar health reform legislation
relying on mandated payments to a Government entity be
treated as part of the Federal budget, including premium
payments by individuals and employees to health alliances
(which should be treated as receipts) and payments by health
alliances to providers (which should be treated as outlays),
for all purposes under the Congressional Budget Act of 1974.
SEC. 7. SENSE OF COMMITTEE ON THE BUDGET.
(a) The Committee on the Budget is troubled by the Federal
Government's failure to enforce immigration laws and secure
United States borders from illegal immigration. The
Government has also failed to investigate and prosecute
Federal wage and hour violations, thus creating incentives to
hire persons illegally in the United States and exacerbating
the problem of illegal immigration.
(b) The Committee on the Budget recognizes that the Federal
Government has an obligation to help fund increasing State
and local government costs directly resulting from
ineffective Federal enforcement efforts in this area.
Therefore, the Committee assumes that adequate funding in
this resolution will be used to reimburse States and local
governments for both authorized program costs and legally
binding obligations associated with providing:
(1) Elementary and secondary education for undocumented
children in the public schools.
(2) Emergency medical assistance to undocumented persons.
(3) Law enforcement resources and personnel to incarcerate
and supervise parole of criminal aliens. This funding can
either be used by the Federal Government to take into custody
and incarcerate criminal aliens or to reimburse States and
local governments for their associated costs.
(4) Services incidental to admission of refugees under the
Refugee Admission and Resettlement program.
SEC. 8. SENSE OF THE CONGRESS REGARDING RESERVE FUNDS FOR
EMERGENCIES.
It is the sense of Congress that--
(1) the emergency designation under section 251 of the
Balanced Budget and Emergency Deficit Control Act of 1985 has
repeatedly been invoked to circumvent the discretionary
spending limits for other than emergency purposes;
(2) amounts for emergencies should be set aside within a
reserve fund and subject to the discretionary spending limit;
(3) the reserve fund shall total 1 percent of annual budget
outlays; and
(4) emergency funding requirements in excess of amounts
held in the reserve fund should be offset by a reduction in
appropriations.
SEC. 9. SENSE OF THE CONGRESS REGARDING UNFUNDED MANDATES.
It is the sense of Congress that--
(1) the Federal Government should not diminish the fiscal
autonomy of State and local governments over their own
sources of revenue;
(2) the Federal Government should not shift the costs of
administering Federal entitlements to State and local
governments;
(3) the Federal Government's share of entitlement programs
should not be capped without providing States authority to
amend their financial or programmatic responsibilities to
continue meeting the mandated service; and
(4) Congress should develop a mechanism to ensure that the
costs of mandates are considered during deliberations on
authorizing legislation.
SEC. 10. SENSE OF THE CONGRESS REGARDING BASELINES.
(a) Findings.--The Congress finds that--
(1) the baseline budget shows the likely course of Federal
revenues and spending if policies remain unchanged;
(2) baseline budgeting has given rise to the practice of
calculating policy changes from an inflated spending level;
and
(3) the baseline concept has been misused to portray
policies that would simply slow down the increase in spending
as spending reductions.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) the President should submit a budget that compares
proposed spending levels for the budget year with the current
year; and
(2) the starting point for deliberations on a budget
resolution should be the current year.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, by unanimous
consent, designated Mr. SERRANO as Chairman of the Committee of the
Whole; and after some time spent therein,
Para. 21.8 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment in the nature of a substitute
submitted by Mr. FRANK:
Strike all after the resolving clause and insert the
following:
SECTION 1. CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL
YEAR 1995.
The Congress determines and declares that this resolution
is the concurrent resolution on the budget for fiscal year
1995, including the appropriate budgetary levels for fiscal
years 1996, 1997, 1998, and 1999, as required by section 301
of the Congressional Budget Act of 1974.
SEC. 2. RECOMMENDED LEVELS AND AMOUNTS.
The following budgetary levels are appropriate for the
fiscal years beginning on October 1, 1994, October 1, 1995,
October 1, 1996, October 1, 1997, and October 1, 1998:
(1) The recommended levels of Federal revenues are as
follows:
Fiscal year 1995: $977,800,000,000.
Fiscal year 1996: $1,031,200,000,000.
Fiscal year 1997: $1,079,700,000,000.
Fiscal year 1998: $1,136,400,000,000.
Fiscal year 1999: $1,190,200,000,000.
and the amounts by which the aggregate levels of Federal
revenues should be increased are as follows:
Fiscal year 1995: $0.
Fiscal year 1996: $0.
Fiscal year 1997: $0.
Fiscal year 1998: $0.
Fiscal year 1999: $0.
and the amounts for Federal Insurance Contributions Act
revenues for hospital insurance within the recommended levels
of Federal revenues are as follows:
Fiscal year 1995: $100,300,000,000.
Fiscal year 1996: $106,300,000,000.
Fiscal year 1997: $111,900,000,000.
Fiscal year 1998: $117,800,000,000.
Fiscal year 1999: $123,700,000,000.
(2) The appropriate levels of total new budget authority
are as follows:
Fiscal year 1995: $1,246,800,000,000.
Fiscal year 1996: $1,308,400,000,000.
Fiscal year 1997: $1,374,400,000,000.
Fiscal year 1998: $1,447,800,000,000.
Fiscal year 1999: $1,531,400,000,000.
(3) The appropriate levels of total budget outlays are as
follows:
Fiscal year 1995: $1,225,500,000,000.
Fiscal year 1996: $1,284,700,000,000.
Fiscal year 1997: $1,356,500,000,000.
Fiscal year 1998: $1,419,000,000,000.
Fiscal year 1999: $1,495,000,000,000.
(4) The amounts of the deficits are as follows:
Fiscal year 1995: $247,700,000,000.
Fiscal year 1996: $253,500,000,000.
Fiscal year 1997: $276,800,000,000.
Fiscal year 1998: $282,600,000,000.
Fiscal year 1999: $304,800,000,000.
[[Page 242]]
(5) The appropriate levels of the public debt are as
follows:
Fiscal year 1995: $4,968,300,000,000.
Fiscal year 1996: $5,293,800,000,000.
Fiscal year 1997: $5,640,100,000,000.
Fiscal year 1998: $5,996,200,000,000.
Fiscal year 1999: $6,367,300,000,000.
(6) The appropriate levels of total Federal credit activity
for the fiscal years beginning on October 1, 1994, October 1,
1995, October 1, 1996, October 1, 1997, and October 1, 1998,
are as follows:
Fiscal year 1995:
(A) New direct loan obligations, $26,700,000,000.
(B) New primary loan guarantee commitments,
$199,700,000,000.
Fiscal year 1996:
(A) New direct loan obligations, $32,100,000,000.
(B) New primary loan guarantee commitments,
$174,400,000,000.
Fiscal year 1997:
(A) New direct loan obligations, $33,800,000,000.
(B) New primary loan guarantee commitments,
$164.600,000,000.
Fiscal year 1998:
(A) New direct loan obligations, $35,700,000,000.
(B) New primary loan guarantee commitments,
$164,100,000,000.
Fiscal year 1999:
(A) New direct loan obligations, $37,800,000,000.
(B) New primary loan guarantee commitments,
$163,500,000,000.
SEC. 3. MAJOR FUNCTIONAL CATEGORIES.
The Congress determines and declares that the appropriate
levels of new budget authority, budget outlays, new direct
loan obligations, new primary loan guarantee commitments, and
new secondary loan guarantee commitments for fiscal years
1995 through 1999 for each major functional category are:
(1) National Defense (050):
Fiscal year 1995:
(A) New budget authority, $260,900,000,000.
(B) Outlays, $270,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $255,300,000,000
(B) Outlays, $261,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $252,000,000,000.
(B) Outlays, $256,600,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $258,700,000,000.
(B) Outlays, $256,700,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $258,700,000,000.
(B) Outlays, $256,700,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(2) International Affairs (150):
Fiscal year 1995:
(A) New budget authority, $19,200,000,000.
(B) Outlays, $18,100,000,000.
(C) New direct loan obligations, $3,200,000,000.
(D) New primary loan guarantee commitments,
$18,000,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $17,200,000,000.
(B) Outlays, $17,300,000,000.
(C) New direct loan obligations, $2,800,000,000.
(D) New primary loan guarantee commitments,
$18,500,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $17,000,000,000.
(B) Outlays, $17,300,000,000.
(C) New direct loan obligations, $2,600,000,000.
(D) New primary loan guarantee commitments,
$18,500,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $16,800,000,000.
(B) Outlays, $17,700,000,000.
(C) New direct loan obligations, $2,400,000,000.
(D) New primary loan guarantee commitments,
$18,500,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $17,000,000,000.
(B) Outlays, $17,700,000,000.
(C) New direct loan obligations, $2,400,000,000.
(D) New primary loan guarantee commitments,
$16,500,000,000.
(E) New secondary loan guarantee commitments, $0.
(3) General Science, Space, and Technology (250):
Fiscal year 1995:
(A) New budget authority, $17,200,000,000.
(B) Outlays, $17,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $17,200,000,000.
(B) Outlays, $17,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $17,300,000,000.
(B) Outlays, $17,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $17,400,000,000.
(B) Outlays, $17,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $17,400,000,000.
(B) Outlays, $17,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(4) Energy (270):
Fiscal year 1995:
(A) New budget authority, $6,000,000,000.
(B) Outlays, $5,000,000,000.
(C) New direct loan obligations, $1,400,000,000.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $5,900,000,000.
(B) Outlays, $5,100,000,000.
(C) New direct loan obligations, $1,500,000,000.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $5,900,000,000.
(B) Outlays, $4,900,000,000.
(C) New direct loan obligations, $1,500,000,000.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $6,100,000,000.
(B) Outlays, $4,700,000,000.
(C) New direct loan obligations, $1,500,000,000.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $5,400,000,000.
(B) Outlays, $4,200,000,000.
(C) New direct loan obligations, $1,500,000,000.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(5) Natural Resources and Environment (300):
Fiscal year 1995:
(A) New budget authority, $21,400,000,000.
(B) Outlays, $21,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $22,200,000,000.
(B) Outlays, $21,700,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $22,100,000,000.
(B) Outlays, $21,700,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $22,000,000,000.
(B) Outlays, $21,600,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $21,600,000,000.
(B) Outlays, $21,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(6) Agriculture (350):
Fiscal year 1995:
(A) New budget authority, $12,600,000,000.
(B) Outlays, $11,900,000,000.
[[Page 243]]
(C) New direct loan obligations, $10,100,000,000.
(D) New primary loan guarantee commitments, $7,400,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $13,200,000,000.
(B) Outlays, $12,100,000,000.
(C) New direct loan obligations, $9,700,000,000.
(D) New primary loan guarantee commitments, $7,400,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $13,700,000,000.
(B) Outlays, $12,400,000,000.
(C) New direct loan obligations, $9,700,000,000.
(D) New primary loan guarantee commitments, $7,400,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $13,900,000,000.
(B) Outlays, $12,700,000,000.
(C) New direct loan obligations, $9,800,000,000.
(D) New primary loan guarantee commitments, $7,400,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $14,200,000,000.
(B) Outlays, $13,100,000,000.
(C) New direct loan obligations, $9,900,000,000.
(D) New primary loan guarantee commitments, $7,400,000,000.
(E) New secondary loan guarantee commitments, $0.
(7) Commerce and Housing Credit (370):
Fiscal year 1995:
(A) New budget authority, $7,300,000,000.
(B) Outlays, -$8,500,000,000.
(C) New direct loan obligations, $2,800,000,000.
(D) New primary loan guarantee commitments,
$117,900,000,000.
(E) New secondary loan guarantee commitments,
$130,000,000,000.
Fiscal year 1996:
(A) New budget authority, $5,300,000,000.
(B) Outlays, -$10,900,000,000.
(C) New direct loan obligations, $3,000,000,000.
(D) New primary loan guarantee commitments,
$103,200,000,000.
(E) New secondary loan guarantee commitments,
$110,000,000,000.
Fiscal year 1997:
(A) New budget authority, $5,100,000,000.
(B) Outlays, -$3,500,000,000.
(C) New direct loan obligations, $3,100,000,000.
(D) New primary loan guarantee commitments,
$95,900,000,000.
(E) New secondary loan guarantee commitments,
$110,000,000,000.
Fiscal year 1998:
(A) New budget authority, $5,200,000,000.
(B) Outlays, -$2,900,000,000.
(C) New direct loan obligations, $3,200,000,000.
(D) New primary loan guarantee commitments,
$96,600,000,000.
(E) New secondary loan guarantee commitments,
$110,000,000,000.
Fiscal year 1999:
(A) New budget authority, $5,200,000,000.
(B) Outlays, -$1,900,000,000.
(C) New direct loan obligations, $3,400,000,000.
(D) New primary loan guarantee commitments,
$99,500,000,000.
(E) New secondary loan guarantee commitments,
$110,000,000,000.
(8) Transportation (400):
Fiscal year 1995:
(A) New budget authority, $41,800,000,000.
(B) Outlays, $38,800,000,000.
(C) New direct loan obligations, $100,000,000.
(D) New primary loan guarantee commitments, $500,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $41,800,000,000.
(B) Outlays, $39,600,000,000.
(C) New direct loan obligations, $100,000,000.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $43,100,000,000.
(B) Outlays, $40,100,000,000.
(C) New direct loan obligations, $100,000,000.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $43,900,000,000.
(B) Outlays, $40,300,000,000.
(C) New direct loan obligations, $100,000,000.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $44,700,000,000.
(B) Outlays, $40,300,000,000.
(C) New direct loan obligations, $100,000,000.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(9) Community and Regional Development (450):
Fiscal year 1995:
(A) New budget authority, $9,500,000,000.
(B) Outlays, $9,300,000,000.
(C) New direct loan obligations, $2,200,000,000.
(D) New primary loan guarantee commitments, $3,600,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $9,000,000,000.
(B) Outlays, $8,900,000,000.
(C) New direct loan obligations, $2,200,000,000.
(D) New primary loan guarantee commitments, $3,600,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $9,000,000,000.
(B) Outlays, $9,000,000,000.
(C) New direct loan obligations, $2,200,000,000.
(D) New primary loan guarantee commitments, $3,600,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $9,000,000,000.
(B) Outlays, $9,100,000,000.
(C) New direct loan obligations, $2,200,000,000.
(D) New primary loan guarantee commitments, $3,600,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $9,000,000,000.
(B) Outlays, $9,100,000,000.
(C) New direct loan obligations, $2,200,000,000.
(D) New primary loan guarantee commitments, $3,600,000,000.
(E) New secondary loan guarantee commitments, $0.
(10) Education, Training, Employment, and Social Services
(500):
Fiscal year 1995:
(A) New budget authority, $57,000,000,000.
(B) Outlays, $53,400,000,000.
(C) New direct loan obligations, $5,500,000,000.
(D) New primary loan guarantee commitments,
$19,000,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $58,200,000,000.
(B) Outlays, $55,200,000,000.
(C) New direct loan obligations, $11,500,000,000.
(D) New primary loan guarantee commitments,
$14,000,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $59,900,000,000.
(B) Outlays, $58,000,000,000.
(C) New direct loan obligations, $13,200,000,000.
(D) New primary loan guarantee commitments,
$13,200,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $61,700,000,000.
(B) Outlays, $60,600,000,000.
(C) New direct loan obligations, $15,100,000,000.
(D) New primary loan guarantee commitments,
$12,300,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $61,800,000,000.
(B) Outlays, $60,800,000,000.
(C) New direct loan obligations, $16,800,000,000.
(D) New primary loan guarantee commitments,
$11,200,000,000.
(E) New secondary loan guarantee commitments, $0.
(11) Health (550):
Fiscal year 1995:
(A) New budget authority, $123,400,000,000.
(B) Outlays, $122,300,000,000.
(C) New direct loan obligations, $0
(D) New primary loan guarantee commitments, $400,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $136,600,000,000.
(B) Outlays, $135,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $300,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $150,900,000,000.
(B) Outlays, $149,800,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $200,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $166,600,000,000.
(B) Outlays, $165,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $100,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $182,900,000,000.
(B) Outlays, $181,700,000,000.
(C) New direct loan obligations, $0.
[[Page 244]]
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(12) Medicare (570):
Fiscal year 1995:
(A) New budget authority, $162,400,000,000.
(B) Outlays, $160,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $180,500,000,000.
(B) Outlays, $178,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $198,500,000,000.
(B) Outlays, $196,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $217,700,000,000.
(B) Outlays, $215,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $242,200,000,000.
(B) Outlays, $239,000,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(13) Income Security (600):
Fiscal year 1995:
(A) New budget authority, $219,800,000,000.
(B) Outlays, $220,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $234,500,000,000.
(B) Outlays, $229,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $249,100,000,000.
(B) Outlays, $242,600,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $261,000,000,000.
(B) Outlays, $253,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $272,200,000,000.
(B) Outlays, $264,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(14) Social Security (650):
Fiscal year 1995:
(A) New budget authority, $6,800,000,000.
(B) Outlays, $9,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $6,300,000,000.
(B) Outlays, $9,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $8,300,000,000.
(B) Outlays, $11,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $9,000,000,000.
(B) Outlays, $12,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $9,800,000,000.
(B) Outlays, $13,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(15) Veterans Benefits and Services (700):
Fiscal year 1995:
(A) New budget authority, $37,200,000,000.
(B) Outlays, $36,600,000,000.
(C) New direct loan obligations, $1,400,000,000.
(D) New primary loan guarantee commitments,
$32,900,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $37,600,000,000.
(B) Outlays, $36,600,000,000.
(C) New direct loan obligations, $1,300,000,000.
(D) New primary loan guarantee commitments,
$27,400,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $38,500,000,000.
(B) Outlays, $38,300,000,000.
(C) New direct loan obligations, $1,400,000,000.
(D) New primary loan guarantee commitments,
$25,800,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $38,600,000,000.
(B) Outlays, $38,500,000,000.
(C) New direct loan obligations, $1,400,000,000.
(D) New primary loan guarantee commitments,
$25,600,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $39,700,000,000.
(B) Outlays, $39,700,000,000.
(C) New direct loan obligations, $1,500,000,000.
(D) New primary loan guarantee commitments,
$25,300,000,000.
(E) New secondary loan guarantee commitments, $0.
(16) Administration of Justice (750):
Fiscal year 1995:
(A) New budget authority, $18,000,000,000.
(B) Outlays, $16,800,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $20,800,000,000.
(B) Outlays, $19,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $21,700,000,000.
(B) Outlays, $20,600,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $22,700,000,000.
(B) Outlays, $22,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $22,800,000,000.
(B) Outlays, $22,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(17) General Government (800):
Fiscal year 1995:
(A) New budget authority, $13,700,000,000.
(B) Outlays, $13,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $13,500,000,000.
(B) Outlays, $14,700,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $13,400,000,000.
(B) Outlays, $13,900,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $13,100,000,000.
(B) Outlays, $13,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $13,200,000,000.
(B) Outlays, $13,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(18) Net Interest (900):
Fiscal year 1995:
(A) New budget authority, $247,100,000,000.
(B) Outlays, $247,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $267,200,000,000.
(B) Outlays, $267,200,000,000.
[[Page 245]]
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $282,800,000,000.
(B) Outlays, $282,800,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $298,500,000,000.
(B) Outlays, $298,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $315,800,000,000.
(B) Outlays, $315,800,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(19) Allowances (920):
Fiscal year 1995:
(A) New budget authority, $1,600,000,000.
(B) Outlays, -$1,800,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, -$3,600,000,000.
(B) Outlays, -$2,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, -$3,600,000,000.
(B) Outlays, -$2,600,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, -$2,900,000,000.
(B) Outlays, -$6,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $9,400,000,000.
(B) Outlays, -$900,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(20) Undistributed Offsetting Receipts (950):
Fiscal year 1995:
(A) New budget authority, -$36,100,000,000.
(B) Outlays, -$36,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, -$30,300,000,000.
(B) Outlays, -$30,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, -$30,300,000,000.
(B) Outlays, -$30,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, -$31,200,000,000.
(B) Outlays, -$31,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, -$31,600,000,000.
(B) Outlays, -$31,600,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
SEC. 4. HEALTH CARE REFORM.
(a) If health care reform legislation is reported
(including by a committee of conference), budget authority,
outlays, and new entitlement authority shall be allocated to
committees, and the total levels of budget authority,
outlays, and revenues shall be adjusted, to reflect such
legislation if the legislation in the form in which it will
be considered would not increase the total deficit for the
period of fiscal years 1995 through 1999.
(b) Upon reporting of legislation described in subsection
(a) and again upon submission of a conference report on such
legislation, the chairman of the Committee on the Budget
shall publish in the Congressional Record revised allocations
under section 602(a) of the Congressional Budget Act of 1974
and revised levels of total budget authority, outlays, and
revenues to carry out this section. Such allocations and
totals shall be considered as the allocations and aggregates
under this resolution.
SEC. 5. SENSE OF THE CONGRESS.
It is the sense of Congress that the following legislation
should be enacted:
(1) Legislation providing enforceable limits to control the
growth of entitlement or mandatory spending.
(2) Amendments to the Budget Enforcement Act of 1990 to
establish a regular procedure to provide assistance for
disasters and other emergencies without adding to the
deficit.
(3) Legislation granting the President expedited rescission
authority over appropriations measures, as provided by H.R.
1578, as passed the House.
SEC. 6. SENSE OF COMMITTEE ON THE BUDGET ON SCORING HEALTH
REFORM.
It is the sense of the Committee on the Budget that all
financial transactions associated with the President's health
reform legislation or similar health reform legislation
relying on mandated payments to a Government entity be
treated as part of the Federal budget, including premium
payments by individuals and employees to health alliances
(which should be treated as receipts) and payments by health
alliances to providers (which should be treated as outlays),
for all purposes under the Congressional Budget Act of 1974.
SEC. 7. SENSE OF COMMITTEE ON THE BUDGET.
(a) The Committee on the Budget is troubled by the Federal
Government's failure to enforce immigration laws and secure
United States borders from illegal immigration. The
Government has also failed to investigate and prosecute
Federal wage and hour violations, thus creating incentives to
hire persons illegally in the United States and exacerbating
the problem of illegal immigration.
(b) The Committee on the Budget recognizes that the Federal
Government has an obligation to help fund increasing State
and local government costs directly resulting from
ineffective Federal enforcement efforts in this area.
Therefore, the Committee assumes that adequate funding in
this resolution will be used to reimburse States and local
governments for both authorized program costs and legally
binding obligations associated with providing:
(1) Elementary and secondary education for undocumented
children in the public schools.
(2) Emergency medical assistance to undocumented persons.
(3) Law enforcement resources and personnel to incarcerate
and supervise parole of criminal aliens. This funding can
either be used by the Federal Government to take into custody
and incarcerate criminal aliens or to reimburse States and
local governments for their associated costs.
(4) Services incidental to admission of refugees under the
Refugee Admission and Resettlement program.
SEC. 8. SENSE OF THE CONGRESS REGARDING RESERVE FUNDS FOR
EMERGENCIES.
It is the sense of Congress that--
(1) the emergency designation under section 251 of the
Balanced Budget and Emergency Deficit Control Act of 1985 has
repeatedly been invoked to circumvent the discretionary
spending limits for other than emergency purposes;
(2) amounts for emergencies should be set aside within a
reserve fund and subject to the discretionary spending limit;
(3) the reserve fund shall total 1 percent of annual budget
outlays; and
(4) emergency funding requirements in excess of amounts
held in the reserve fund should be offset by a reduction in
appropriations.
SEC. 9. SENSE OF THE CONGRESS REGARDING UNFUNDED MANDATES.
It is the sense of Congress that--
(1) the Federal Government should not diminish the fiscal
autonomy of State and local governments over their own
sources of revenue;
(2) the Federal Government should not shift the costs of
administering Federal entitlements to State and local
governments;
(3) the Federal Government's share of entitlement programs
should not be capped without providing States authority to
amend their financial or programmatic responsibilities to
continue meeting the mandated service; and
(4) Congress should develop a mechanism to ensure that the
costs of mandates are considered during deliberations on
authorizing legislation.
SEC. 10. SENSE OF THE CONGRESS REGARDING BASELINES.
(a) Findings.--The Congress finds that--
(1) the baseline budget shows the likely course of Federal
revenues and spending if policies remain unchanged;
(2) baseline budgeting has given rise to the practice of
calculating policy changes from an inflated spending level;
and
(3) the baseline concept has been misused to portray
policies that would simply slow down the increase in spending
as spending reductions.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) the President should submit a budget that compares
proposed spending levels for the budget year with the current
year; and
(2) the starting point for deliberations on a budget
resolution should be the current year.
[[Page 246]]
It was decided in the
Yeas
105
<3-line {>
negative
Nays
313
Para. 21.9 [Roll No. 51]
AYES--105
Abercrombie
Ackerman
Andrews (ME)
Barca
Barrett (WI)
Becerra
Beilenson
Berman
Blackwell
Brown (OH)
Bryant
Cardin
Clayton
Collins (MI)
Conyers
Coyne
Danner
de Lugo (VI)
DeFazio
Dellums
Duncan
Durbin
Engel
English
Eshoo
Evans
Farr
Fields (LA)
Filner
Flake
Foglietta
Ford (MI)
Frank (MA)
Furse
Gordon
Hamburg
Hinchey
Hoke
Inslee
Jacobs
Johnson (SD)
Johnston
Kennedy
Kildee
Kleczka
Klein
Klug
LaFalce
Lambert
Leach
Lewis (GA)
Maloney
Margolies-Mezvinsky
Markey
McDermott
McKinney
Meehan
Mfume
Minge
Mink
Moakley
Morella
Nadler
Neal (MA)
Norton (DC)
Nussle
Oberstar
Olver
Owens
Payne (NJ)
Penny
Peterson (MN)
Petri
Poshard
Rahall
Rangel
Roukema
Roybal-Allard
Rush
Sanders
Sangmeister
Schroeder
Schumer
Sensenbrenner
Serrano
Shays
Shepherd
Slaughter
Stark
Stokes
Studds
Synar
Towns
Unsoeld
Upton
Velazquez
Vento
Waters
Watt
Waxman
Woolsey
Wyden
Wynn
Yates
Zimmer
NOES--313
Allard
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barlow
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Carr
Castle
Chapman
Clay
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Cramer
Crapo
Cunningham
Darden
de la Garza
Deal
DeLauro
DeLay
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doolittle
Dornan
Dreier
Dunn
Edwards (TX)
Ehlers
Emerson
Everett
Ewing
Faleomavaega (AS)
Fawell
Fazio
Fields (TX)
Fingerhut
Fish
Fowler
Franks (CT)
Franks (NJ)
Frost
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hilliard
Hoagland
Hobson
Hochbrueckner
Hoekstra
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Jefferson
Johnson (CT)
Johnson (GA)
Johnson, E. B.
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kennelly
Kim
King
Kingston
Klink
Knollenberg
Kolbe
Kreidler
Kyl
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Lehman
Levin
Levy
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Mann
Manton
Manzullo
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McNulty
Meek
Menendez
Meyers
Mica
Michel
Miller (FL)
Mineta
Molinari
Mollohan
Montgomery
Moorhead
Moran
Murphy
Murtha
Myers
Neal (NC)
Obey
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Peterson (FL)
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Price (NC)
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Reed
Regula
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roth
Rowland
Royce
Sabo
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Scott
Sharp
Shaw
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Strickland
Stump
Stupak
Sundquist
Swett
Swift
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Traficant
Tucker
Underwood (GU)
Valentine
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--20
Andrews (NJ)
Andrews (TX)
Brooks
Collins (IL)
Crane
Dooley
Edwards (CA)
Ford (TN)
Gallo
Gutierrez
Hastings
Kopetski
Lewis (CA)
McMillan
Miller (CA)
Natcher
Pelosi
Reynolds
Torricelli
Washington
So the amendment in the nature of a substitute was not agreed to.
After some further time,
Para. 21.10 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment in the nature of a substitute, as
modified, by Mr. SOLOMON:
Strike all after the resolving clause and insert the
following:
SECTION 1. CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL
YEAR 1995.
The Congress determines and declares that this resolution
is the concurrent resolution on the budget for fiscal year
1995, including the appropriate budgetary levels for fiscal
years 1996, 1997, 1998, and 1999, as required by section 301
of the Congressional Budget Act of 1974.
SEC. 2. RECOMMENDED LEVELS AND AMOUNTS.
The following budgetary levels are appropriate for the
fiscal years beginning on October 1, 1994, October 1, 1995,
October 1, 1996, October 1, 1997, and October 1, 1998:
(1) The recommended levels of Federal revenues are as
follows:
Fiscal year 1995: $975,683,000,000.
Fiscal year 1996: $1,028,844,000,000.
Fiscal year 1997: $1,079,570,000,000.
Fiscal year 1998: $1,136,278,000,000.
Fiscal year 1999: $1,190,049,000,000.
and the amounts by which the aggregate levels of Federal
revenues should be increased are as follows:
Fiscal year 1995: $0.
Fiscal year 1996: $0.
Fiscal year 1997: $0.
Fiscal year 1998: $0.
Fiscal year 1999: $0.
and the amounts for Federal Insurance Contributions Act
revenues for hospital insurance within the recommended levels
of Federal revenues are as follows:
Fiscal year 1995: $100,300,000,000.
Fiscal year 1996: $106,300,000,000.
Fiscal year 1997: $111,900,000,000.
Fiscal year 1998: $117,800,000,000.
Fiscal year 1999: $123,700,000,000.
(2) The appropriate levels of total new budget authority
are as follows:
Fiscal year 1995: $1,154,722,000,000.
Fiscal year 1996: $1,176,157,000,000.
Fiscal year 1997: $1,222,353,000,000.
Fiscal year 1998: $1,279,873,000,000.
Fiscal year 1999: $1,324,885,000,000.
(3) The appropriate levels of total budget outlays are as
follows:
Fiscal year 1995: $1,176,773,000,000.
Fiscal year 1996: $1,173,966,000,000.
Fiscal year 1997: $1,211,781,000,000.
Fiscal year 1998: $1,239,458,000,000.
Fiscal year 1999: $1,281,851,000,000.
(4) The amounts of the deficits are as follows:
Fiscal year 1995: $201,090,000,000.
Fiscal year 1996: $145,122,000,000.
Fiscal year 1997: $132,211,000,000.
Fiscal year 1998: $103,180,000,000.
Fiscal year 1999: $91,802,000,000.
(5) The appropriate levels of the public debt are as
follows:
Fiscal year 1995: $4,924,400,000,000.
Fiscal year 1996: $5,150,300,000,000.
Fiscal year 1997: $5,363,000,000,000.
Fiscal year 1998: $5,547,900,000,000.
Fiscal year 1999: $5,713,800,000,000.
(6) The appropriate levels of total Federal credit activity
for the fiscal years beginning on October 1, 1994, October 1,
1995, October 1, 1996, October 1, 1997, and October 1, 1998,
are as follows:
Fiscal year 1995:
(A) New direct loan obligations, $26,000,000,000.
(B) New primary loan guarantee commitments,
$196,500,000,000.
Fiscal year 1996:
(A) New direct loan obligations, $30,400,000,000.
(B) New primary loan guarantee commitments,
$170,300,000,000.
Fiscal year 1997:
(A) New direct loan obligations, $31,900,000,000.
(B) New primary loan guarantee commitments,
$160,600,000,000.
Fiscal year 1998:
(A) New direct loan obligations, $33,700,000,000.
(B) New primary loan guarantee commitments,
$159,800,000,000.
Fiscal year 1999:
(A) New direct loan obligations, $35,900,000,000.
(B) New primary loan guarantee commitments,
$160,800,000,000.
SEC. 3. MAJOR FUNCTIONAL CATEGORIES.
The Congress determines and declares that the appropriate
levels of new budget authority, budget outlays, new direct
loan obligations, new primary loan guarantee commitments, and
new secondary loan guarantee commitments for fiscal years
1995 through 1999 for each major functional category are:
(1) National Defense (050):
Fiscal year 1995:
(A) New budget authority, $267,433,000,000.
(B) Outlays, $274,301,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
[[Page 247]]
Fiscal year 1996:
(A) New budget authority, $260,977,000,000.
(B) Outlays, $267,033,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $259,878,000,000.
(B) Outlays, $263,928,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $267,416,000,000.
(B) Outlays, $265,068,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $275,866,000,000.
(B) Outlays, $266,899,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(2) International Affairs (150):
Fiscal year 1995:
(A) New budget authority, $13,260,000,000.
(B) Outlays, $16,299,000,000.
(C) New direct loan obligations, $2,900,000,000.
(D) New primary loan guarantee commitments,
$17,000,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $10,177,000,000.
(B) Outlays, $13,613,000,000.
(C) New direct loan obligations, $2,800,000,000.
(D) New primary loan guarantee commitments,
$17,500,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $9,604,000,000.
(B) Outlays, $12,404,000,000.
(C) New direct loan obligations, $2,600,000,000.
(D) New primary loan guarantee commitments,
$17,500,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $8,890,000,000.
(B) Outlays, $11,346,000,000.
(C) New direct loan obligations, $2,400,000,000.
(D) New primary loan guarantee commitments,
$17,500,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $8,200,000,000.
(B) Outlays, $10,630,000,000.
(C) New direct loan obligations, $2,400,000,000.
(D) New primary loan guarantee commitments,
$17,000,000,000.
(E) New secondary loan guarantee commitments, $0.
(3) General Science, Space, and Technology (250):
Fiscal year 1995:
(A) New budget authority, $14,666,000,000.
(B) Outlays, $15,601,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $14,655,000,000.
(B) Outlays, $14,734,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $14,946,000,000.
(B) Outlays, $14,770,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $14,935,000,000.
(B) Outlays, $14,942,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $15,223,000,000.
(B) Outlays, $15,131,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(4) Energy (270):
Fiscal year 1995:
(A) New budget authority, $3,294,000,000.
(B) Outlays, $2,551,000,000.
(C) New direct loan obligations, $1,400,000,000.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $3,000,000,000.
(B) Outlays, $2,529,000,000.
(C) New direct loan obligations, $1,500,000,000.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $2,500,000,000.
(B) Outlays, $1,848,000,000.
(C) New direct loan obligations, $1,500,000,000.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $1,885,000,000.
(B) Outlays, $629,000,000.
(C) New direct loan obligations, $1,500,000,000.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $1,453,000,000.
(B) Outlays, $381,000,000.
(C) New direct loan obligations, $1,500,000,000.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(5) Natural Resources and Environment (300):
Fiscal year 1995:
(A) New budget authority, $14,700,000,000.
(B) Outlays, $18,729,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $14,700,000,000.
(B) Outlays, $16,691,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $11,899,000,000.
(B) Outlays, $12,998,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $12,258,000,000.
(B) Outlays, $12,244,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $11,853,000,000.
(B) Outlays, $11,784,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(6) Agriculture (350):
Fiscal year 1995:
(A) New budget authority, $7,734,000,000.
(B) Outlays, $7,722,000,000.
(C) New direct loan obligations, $9,900,000,000.
(D) New primary loan guarantee commitments, $6,300,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, -$254,000,000.
(B) Outlays, -$1,408,000,000.
(C) New direct loan obligations, $8,400,000,000.
(D) New primary loan guarantee commitments, $4,600,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $3,829,000,000.
(B) Outlays, $2,590,000,000.
(C) New direct loan obligations, $8,500,000,000.
(D) New primary loan guarantee commitments, $4,600,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $4,275,000,000.
(B) Outlays, $2,488,000,000.
(C) New direct loan obligations, $8,500,000,000.
(D) New primary loan guarantee commitments, $4,600,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $3,484,000,000.
(B) Outlays, $2,397,000,000.
(C) New direct loan obligations, $8,800,000,000.
(D) New primary loan guarantee commitments, $4,600,000,000.
(E) New secondary loan guarantee commitments, $0.
(7) Commerce and Housing Credit (370):
Fiscal year 1995:
(A) New budget authority, $3,537,000,000.
(B) Outlays, $-11,074,000,000.
(C) New direct loan obligations, $2,800,000,000.
(D) New primary loan guarantee commitments,
$117,900,000,000.
(E) New secondary loan guarantee commitments,
$130,000,000,000.
Fiscal year 1996:
(A) New budget authority, $935,000,000.
(B) Outlays, $-14,664,000,000.
[[Page 248]]
(C) New direct loan obligations, $2,800,000,000.
(D) New primary loan guarantee commitments,
$103,100,000,000.
(E) New secondary loan guarantee commitments,
$110,000,000,000.
Fiscal year 1997:
(A) New budget authority, $-238,000,000.
(B) Outlays, $-8,215,000,000.
(C) New direct loan obligations, $2,800,000,000.
(D) New primary loan guarantee commitments,
$95,900,000,000.
(E) New secondary loan guarantee commitments,
$110,000,000,000.
Fiscal year 1998:
(A) New budget authority, $-779,000,000.
(B) Outlays, $-8,506,000,000.
(C) New direct loan obligations, $2,800,000,000.
(D) New primary loan guarantee commitments,
$96,600,000,000.
(E) New secondary loan guarantee commitments,
$110,000,000,000.
Fiscal year 1999:
(A) New budget authority, $-1,139,000,000.
(B) Outlays, $-7,888,000,000.
(C) New direct loan obligations, $2,800,000,000.
(D) New primary loan guarantee commitments,
$99,500,000,000.
(E) New secondary loan guarantee commitments,
$110,000,000,000.
(8) Transportation (400):
Fiscal year 1995:
(A) New budget authority, $28,110,000,000.
(B) Outlays, $30,831,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $28,747,000,000.
(B) Outlays, $30,537,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $29,932,000,000.
(B) Outlays, $30,037,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $31,379,000,000.
(B) Outlays, $30,069,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $31,810,000,000.
(B) Outlays, $30,007,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(9) Community and Regional Development (450):
Fiscal year 1995:
(A) New budget authority, $8,321,000,000.
(B) Outlays, $13,941,000,000.
(C) New direct loan obligations, $2,200,000,000.
(D) New primary loan guarantee commitments, $2,800,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $8,474,000,000.
(B) Outlays, $12,049,000,000.
(C) New direct loan obligations, $2,100,000,000.
(D) New primary loan guarantee commitments, $2,800,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $8,577,000,000.
(B) Outlays, $9,863,000,000.
(C) New direct loan obligations, $2,000,000,000.
(D) New primary loan guarantee commitments, $2,800,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $8,260,000,000.
(B) Outlays, $9,203,000,000.
(C) New direct loan obligations, $2,000,000,000.
(D) New primary loan guarantee commitments, $2,800,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $9,032,000,000.
(B) Outlays, $9,156,000,000.
(C) New direct loan obligations, $2,000,000,000.
(D) New primary loan guarantee commitments, $2,800,000,000.
(E) New secondary loan guarantee commitments, $0.
(10) Education, Training, Employment, and Social Services
(500):
Fiscal year 1995:
(A) New budget authority, $50,304,000,000.
(B) Outlays, $50,670,000,000.
(C) New direct loan obligations, $5,500,000,000.
(D) New primary loan guarantee commitments,
$19,200,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $49,551,000,000.
(B) Outlays, $47,677,000,000.
(C) New direct loan obligations, $11,500,000,000.
(D) New primary loan guarantee commitments,
$14,400,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $50,441,000,000.
(B) Outlays, $48,689,000,000.
(C) New direct loan obligations, $13,200,000,000.
(D) New primary loan guarantee commitments,
$13,600,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $51,921,000,000.
(B) Outlays, $50,576,000,000.
(C) New direct loan obligations, $15,100,000,000.
(D) New primary loan guarantee commitments,
$12,700,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $53,883,000,000.
(B) Outlays, $52,537,000,000.
(C) New direct loan obligations, $16,900,000,000.
(D) New primary loan guarantee commitments,
$11,600,000,000.
(E) New secondary loan guarantee commitments, $0.
(11) Health (550):
Fiscal year 1995:
(A) New budget authority, $118,701,000,000.
(B) Outlays, $118,116,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $400,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $122,861,000,000.
(B) Outlays, $121,787,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $400,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $130,082,000,000.
(B) Outlays, $128,786,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $400,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $138,587,000,000.
(B) Outlays, $137,091,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $149,089,000,000.
(B) Outlays, $147,493,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(12) Medicare (570):
Fiscal year 1995:
(A) New budget authority, $161,599,000,000.
(B) Outlays, $153,661,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $178,555,000,000.
(B) Outlays, $167,028,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $196,607,000,000.
(B) Outlays, $180,463,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $215,309,000,000.
(B) Outlays, $193,254,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $238,147,000,000.
(B) Outlays, $202,479,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(13) Income Security (600):
Fiscal year 1995:
(A) New budget authority, $197,875,000,000.
(B) Outlays, $207,863,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $201,872,000,000.
(B) Outlays, $207,237,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
[[Page 249]]
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $211,513,000,000.
(B) Outlays, $215,134,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $227,128,000,000.
(B) Outlays, $218,039,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $224,967,000,000.
(B) Outlays, $227,998,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(14) Social Security (650):
Fiscal year 1995:
(A) New budget authority, $6,760,000,000.
(B) Outlays, $9,360,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $6,255,000,000.
(B) Outlays, $9,355,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $8,250,000,000.
(B) Outlays, $11,450,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $8,940,000,000.
(B) Outlays, $12,240,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $9,730,000,000.
(B) Outlays, $13,030,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(15) Veterans Benefits and Services (700):
Fiscal year 1995:
(A) New budget authority, $36,388,000,000.
(B) Outlays, $36,413,000,000.
(C) New direct loan obligations, $1,300,000,000.
(D) New primary loan guarantee commitments,
$32,900,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $36,058,000,000.
(B) Outlays, $34,772,000,000.
(C) New direct loan obligations, $1,300,000,000.
(D) New primary loan guarantee commitments,
$27,400,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $36,030,000,000.
(B) Outlays, $36,174,000,000.
(C) New direct loan obligations, $1,300,000,000.
(D) New primary loan guarantee commitments,
$25,800,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $35,939,000,000.
(B) Outlays, $35,921,000,000.
(C) New direct loan obligations, $1,400,000,000.
(D) New primary loan guarantee commitments,
$25,600,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $35,724,000,000.
(B) Outlays, $35,906,000,000.
(C) New direct loan obligations, $1,500,000,000.
(D) New primary loan guarantee commitments, $25,300,000.
(E) New secondary loan guarantee commitments, $0.
(16) Administration of Justice (750):
Fiscal year 1995:
(A) New budget authority, $15,491,000,000.
(B) Outlays, $15,830,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $15,461,000,000.
(B) Outlays, $15,692,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $15,428,000,000.
(B) Outlays, $15,241,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $15,693,000,000.
(B) Outlays, $15,478,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $14,155,000,000.
(B) Outlays, $15,274,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(17) General Government (800):
Fiscal year 1995:
(A) New budget authority, $10,260,000,000.
(B) Outlays, $11,742,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $9,870,000,000.
(B) Outlays, $10,710,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $9,339,000,000.
(B) Outlays, $9,947,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $8,775,000,000.
(B) Outlays, $9,077,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $8,421,000,000.
(B) Outlays, $8,216,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(18) Net Interest (900):
Fiscal year 1995:
(A) New budget authority, $245,763,000,000.
(B) Outlays, $245,763,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $261,542,000,000.
(B) Outlays, $261,542,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $270,219,000,000.
(B) Outlays, $270,219,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $277,157,000,000.
(B) Outlays, $277,157,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $283.663,000,000.
(B) Outlays, $283,063,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $8.
(E) New secondary loan guarantee commitments, $0.
(19) Allowances (920):
Fiscal year 1995:
(A) New budget authority, -$13,097,000,000.
(B) Outlays, -$5,161,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, -$15,625,000,000.
(B) Outlays, -$11,248,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, -$15,789,000,000.
(B) Outlays, -$13,795,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, -$16,395,000,000.
(B) Outlays, -$15,154,000,000.
(C) New direct loan obligations, $0.
[[Page 250]]
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, -$16,976,000,000,000.
(B) Outlays, -$15,932,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(20) Undistributed Offsetting Receipts (950):
Fiscal year 1995:
(A) New budget authority, -$36,385,000,000.
(B) Outlays, -$36,385,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, -$31,700,000,000.
(B) Outlays, -$31,700,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, -$30,700,000,000.
(B) Outlays, -$30,700,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, -$31,700,000,000.
(B) Outlays, -$31,700,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, -$32,300,000,000.
(B) Outlays, -$32,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
SEC. 5. SENSE OF THE CONGRESS REGARDING BASELINES.
(a) Findings.--The Congress finds that--
(1) the baseline budget shows the likely course of Federal
revenues and spending if policies remain unchanged;
(2) baseline budgeting has given rise to the practice of
calculating policy changes from inflated spending levels; and
(3) the baseline concept has been misused to portray
policies that would simply slow down the increase in spending
as spending reductions.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) the President should submit a budget that compares
proposed spending levels for the budget year with the current
year; and
(2) the starting point for deliberations on a budget
resolution should be the current year.
SEC. 6. ADJUSTMENT OF PAY-AS-YOU-GO SCORECARD.
It is the sense of the Congress that upon enactment of a
reconciliation bill pursuant to section 4, the Director of
the Office of Management and Budget shall reduce the balances
of direct spending and receipts legislation applicable to
each fiscal year under section 252 of the Balanced Budget and
Emergency Deficit Control Act of 1985 by an amount equal to
the net change in the deficit achieved through the enactment
in that Act of direct spending and receipts legislation for
that year.
SEC. 7. SPENDING REDUCTIONS.
Nothing in this concurrent resolution on the budget commits
the Congress to making the specific spending reductions used
as assumptions in deriving the appropriate budgetary levels
in this concurrent resolution, with the full understanding
that the Congress may make comparable spending reductions in
other areas to arrive at the same appropriate budgetary
levels.
``(5) the Federal government should suspend regulations
mandating compliance with federal statutes that result in
direct costs to state and local governments until
reimbursement for these costs are provided by the Federal
government.''
It was decided in the
Yeas
73
<3-line {>
negative
Nays
342
Para. 21.11 [Roll No. 52]
AYES--73
Armey
Bachus (AL)
Baker (LA)
Ballenger
Barcia
Bartlett
Barton
Burton
Callahan
Coble
Collins (GA)
Condit
Cox
Cunningham
Deal
DeLay
Dornan
Dreier
Duncan
Fawell
Fingerhut
Fish
Franks (NJ)
Gilchrest
Goodlatte
Goodling
Goss
Greenwood
Hancock
Hoekstra
Hoke
Hunter
Inslee
Istook
Johnson (GA)
Knollenberg
Kreidler
Margolies-Mezvinsky
McCandless
Mica
Miller (FL)
Minge
Moorhead
Murphy
Orton
Packard
Paxon
Payne (VA)
Penny
Petri
Porter
Portman
Pryce (OH)
Quillen
Ramstad
Ravenel
Rohrabacher
Roth
Royce
Schaefer
Sensenbrenner
Shays
Smith (MI)
Solomon
Stenholm
Sundquist
Swett
Tauzin
Taylor (MS)
Upton
Weldon
Zeliff
Zimmer
NOES--342
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Applegate
Archer
Bacchus (FL)
Baesler
Baker (CA)
Barca
Barlow
Barrett (NE)
Barrett (WI)
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Buyer
Byrne
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (MI)
Combest
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Crapo
Danner
Darden
de la Garza
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doolittle
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Foglietta
Ford (MI)
Fowler
Franks (CT)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Gordon
Grams
Grandy
Green
Gunderson
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Kolbe
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Michel
Mineta
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Morella
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Ortiz
Owens
Oxley
Pallone
Parker
Pastor
Payne (NJ)
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Poshard
Price (NC)
Quinn
Rahall
Rangel
Reed
Regula
Richardson
Ridge
Roberts
Roemer
Rogers
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Smith (OR)
Snowe
Spence
Spratt
Stark
Stearns
Stokes
Strickland
Studds
Stump
Stupak
Swift
Synar
Talent
Tanner
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
NOT VOTING--23
Andrews (TX)
Brooks
Collins (IL)
Crane
Dooley
Edwards (CA)
Ford (TN)
Frank (MA)
Gallo
Gutierrez
Hastings
Kopetski
Lewis (CA)
McMillan
Miller (CA)
Natcher
Pelosi
Reynolds
Shaw
Smith (TX)
Torricelli
Washington
Wilson
So the amendment in the nature of a substitute, as modified, was not
agreed to.
The SPEAKER pro tempore, Mr. SMITH of Iowa, assumed the Chair.
When Mr. SERRANO, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
Para. 21.12 subpoena
The SPEAKER pro tempore, Mr. LAUGHLIN, laid before the House a
communication, which was read as follows:
[[Page 251]]
Congress of the United States,
House of Representatives,
Washington, DC, March 9, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that a member of my
staff has been served with a subpoena issued with regard to a
Special Court-Martial appointed pursuant to appropriate
military authority.
After consultation with the General Counsel to the Clerk, I
have determined that compliance with the subpoena is
consistent with the privileges and precedents of the House.
Sincerely,
Steven Schiff.
Para. 21.13 subpoena
The SPEAKER pro tempore, Mr. LAUGHLIN, laid before the House a
communication, which was read as follows:
Congress of the United States,
House of Representatives,
Washington, DC, March 10, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L of the Rules of the House that the Committee on
House Administration has been served with a subpoena issued
by the United States District Court for the District of
Columbia.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoena is not
inconsistent with the privileges and precedents of the House.
Sincerely,
Charlie Rose,
Chairman.
Para. 21.14 senate bill referred
A bill of the Senate of the following title was taken from the
Speaker's table and, under the rule, referred as follows:
S. 1913. An Act to extend certain compliance dates for
pesticide safety training and labeling requirements; to the
Committee on Agriculture.
Para. 21.15 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. KOPETSKI, for today and March 11;
To Mr. McMILLIAN, for today after 4:30 p.m. and the balance of the
week; and
To Mr. CONYERS, for today before 1 p.m.
And then,
Para. 21.16 adjournment
On motion of Mr. FINGERHUT, pursuant to the special order heretofore
agreed to, at 9 o'clock and 10 minutes p.m. the House adjourned until 10
o'clock a.m. on Friday, March 11, 1994.
Para. 21.17 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. MILLER of California: Committee on Natural Resources.
H.R. 2815. A bill to designate a portion of the Farmington
River in Connecticut as a component of the National Wild and
Scenic Rivers System; with an amendment (Rept. No. 103-430).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. MILLER of California: Committee on Natural Resources.
S. 375, An Act to amend the Wild and Scenic Rivers Act by
designating a segment of the Rio Grande in New Mexico as a
component of the National Wild and Scenic Rivers System, and
for other purposes; with an amendment (Rept. No. 103-431).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. MILLER of California: Committee on Natural Resources.
S. 341. An Act to provide for a land exchange between the
Secretary of Agriculture and Eagle and Pitkin Counties in
Colorado, and for other purposes (Rept. No. 103-432, Pt. 1).
Ordered to be printed.
Para. 21.18 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolution were introduced and severally referred as follows:
By Mr. BILIRAKIS (for himself, Mrs. Maloney, Ms. Snowe,
and Mr. Frank of Massachusetts):
H.R. 3994. A bill to provide limitations on the use of
certain funds for the establishment of diplomatic relations
between the United States and the territory of the former
Yugoslav republic of Macedonia; to the Committee on Foreign
Affairs.
By Mr. COBLE:
H.R. 3995. A bill to suspend temporarily the duty on 5-
Cholor-2-(2,4-dichlorophenoxy) phenol; to the Committee on
Ways and Means.
By Mr. CRANE:
H.R. 3996. A bill to suspend for the period January 1,
1994, to April 30, 1994, the duty on frozen onions; to the
Committee on Ways and Means.
By Mr. DOOLITTLE:
H.R. 3997. A bill to amend the Endangered Species Act of
1973 to require the preparation of economic impact analyses
with respect to certain actions to protect endangered species
and threatened species, and for the purposes; to the
Committee on Merchant Marine and Fisheries.
By Mr. FOGLIETTA:
H.R. 3998. A bill to protect the consumers of check cashing
services by encouraging States to establish uniform laws on
the regulation of check cashing services and to require the
Secretary of the Treasury to study the effectiveness of State
efforts with respect to such regulation and make appropriate
recommendations to the Congress on such efforts; to the
Committee on Banking, Finance and Urban Affairs.
By Mr. LIPINSKI (for himself, Mr. Sangmeister, Mr.
Rush, Mr. Reynolds, and Mr. Fawell):
H.R. 3999. A bill to amend the Illinois and Michigan Canal
Heritage Corridor Act of 1984 to modify the boundaries of the
corridor and for other purposes; to the Committee on Natural
Resources.
By Mr. MILLER of Florida (for himself, Mr. Kasich, and
Mr. Stearns):
H.R. 4000. A bill to provide a fair, nonpolitical process
that will achieve $65 billion in budget outlay reductions
each fiscal year until a balanced budget is reached; jointly,
to the Committees on Government Operations and Rules.
By Mr. REED:
H.R. 4001. A bill to provide for tort liability for
firearms dealers who transfer firearms in violation of
Federal firearms law; to the Committee on the Judiciary.
By Mr. ROGERS:
H.R. 4002. A bill to amend section 410 of the Surface
Mining Control and Reclamation Act of 1977 to prohibit the
limitation of appropriations on emergency reclamation
projects in any one State, and for other purposes; to the
Committee on Natural Resources.
By Mr. STUDDS (for himself, Mr. Fields of Texas, Mr.
Lipinski, and Mr. Manton) (all by request):
H.R. 4003. A bill to authorize appropriations for fiscal
year 1995 for certain maritime programs of the Department of
Transportation, to amend the Merchant Marine Act, 1936, as
amended, to revitalize U.S.-flag merchant marine, and for
other purposes; to the Committee on Merchant Marine and
Fisheries.
By Mr. TANNER:
H.R. 4004. A bill to suspend temporarily the duty on
combination microwave convection ovens; to the Committee on
Ways and Means.
By Mr. TORRICELLI:
H.R. 4005. A bill to amend title 18, United States Code, to
prevent minors from gaining unsupervised access to loaded
firearms or to unloaded firearms and ammunition for such
firearms; to the Committee on the Judiciary.
By Mr. COX:
H.R. 4006. A bill to provide statements of the economic and
employment impacts of Federal legislation and regulation on
the private sector and State and local governments; jointly,
to the Committees on Rules and Government Operations.
By Mr. MORAN (for himself and Ms. Norton):
H.R. 4007. A bill to amend the Water Supply Act of 1958 to
provide for the funding of capital improvements at the
Washington Aqueduct, and for other purposes; to the Committee
on Public Works and Transportation.
By Mr. ORTIZ (for himself, Mr. Weldon, Mr. Studds, Mr.
Fields of Texas, Mr. Lipinski, Mr. Manton, and Mr.
Young of Alaska):
H.R. 4008. A bill to authorize appropriations for the
National Oceanic and Atmospheric Administration for fiscal
years 1994 and 1995, and for other purposes; to the Committee
on Merchant Marine and Fisheries.
By Mr. RICHARDSON (for himself, Mr. Skeen, Mr. Schiff,
Mr. Stump, Mr. Kolbe Mr. Kyl, Mr. Pastor, and Ms.
English of Arizona):
H.R. 4009. A bill to authorize a study of the equity of
Forest Service funding allocations among the nine regions of
the National Forest System; to the Committee on Agriculture.
By Mr. RICHARDSON:
H.R. 4010. A bill to improve water quality within the Rio
Puerco watershed and to help restore the ecological health of
the Rio Grande through the cooperative identification and
implementation of best management practices which are
consistent with the ecological, geological, cultural,
sociological, and economic conditions in the region; jointly,
to the Committees on Natural Resources and Merchant Marine
and Fisheries.
By Ms. BYRNE:
H.J. Res. 333. Joint resolution designating May 11, 1994,
as ``Vietnam Human Rights Day''; to the Committee on Post
Office and Civil Service.
By Mr. SERRANO:
H.J. Res. 334. Joint resolution designating May 29 through
June 4, 1994, as ``Pediatric and Adolescent AIDS Awareness
Week'' in the United States; to the Committee on Post Office
and Civil Service.
By Mr. WALSH:
H.J. Res. 335. Joint resolution designating the month of
April 1994 as ``Alcohol Awareness Month''; to the Committee
on Post Office and Civil Service.
By Ms. MARGOLIES-MEZVINSKY:
H. Res. 385. Resolution amending the Rules of the House of
Representatives to prohibit consideration of any measure
proposing a
[[Page 252]]
balanced-budget constitutional amendment until the
Congressional Budget Office certifies that the Federal budget
has been in balance for the two most recently completed
fiscal years; to the Committee on Rules.
By Mr. SHAW (for himself, Mr. Michel, Mr. Gingrich, Mr.
Santorum, Mr. DeLay, Mr. Grandy, Mr. Camp, Mrs.
Johnson of Connecticut, and Mr. Castle):
H. Res. 386. Resolution providing for the consideration of
the bill (H.R. 3500) to amend title IV of the Social Security
Act to provide welfare families with the education, training,
job search, and work experience needed to prepare them to
leave welfare within 2 years, to increase the rate of
paternity establishment for children receiving welfare
benefits, to provide States with greater flexibility in
providing welfare, to authorize States to conduct
demonstration projects to test the effectiveness of policies
designed to help people leave welfare and increase their
financial security, to strengthen child support enforcement,
and to eliminate welfare payments for most groups of
noncitizens; to the Committee on Rules.
Para. 21.19 private bills and resolutions
Under clause 1 of rule XXII, private bills and resolutions were
introduced and severally referred as follows:
By Mr. ROSE:
H.R. 4011. A bill for the relief of Anil K. Sharma; to the
Committee on the Judiciary.
By Mr. SHAW:
H.R. 4012. A bill to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
for the vessel Sea Bandit; to the Committee on Merchant
Marine and Fisheries.
Para. 21.20 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 14: Ms. Pelosi.
H.R. 39: Mr. Klein, Ms. Schenk, and Mr. Barrett of
Wisconsin.
H.R. 65: Mr. Inhofe.
H.R. 140: Mr. Smith of Oregon, Mr. King, Mr. Rogers, Mr.
Collins of Georgia, Mr. McDade, Mr. Applegate, Mr. Bunning,
Mr. Tauzin, Mr. Goodlatte, Mr. Levy, Mr. Stump, Mr. Holden,
Mr. Lightfoot, Mr. Clinger, and Ms. Molinari.
H.R. 441: Mr. Barrett of Nebraska.
H.R. 518: Mrs. Roukema and Mr. Coleman.
H.R. 630: Mr. Fish.
H.R. 702: Mr. Roberts.
H.R. 777: Mr. McNulty.
H.R. 790: Mr. Stupak.
H.R. 830: Mr. McCurdy and Mr. Lipinski.
H.R. 930: Mr. Fish.
H.R. 1120: Mr. Fingerhut.
H.R. 1151: Mr. Neal of Massachusetts.
H.R. 1168: Mr. Linder, Mr. Peterson of Minnesota, Mr. Gene
Green of Texas, Mr. Goss, and Mr. Barrett of Wisconsin.
H.R. 1174: Mr. Johnson of South Dakota and Mr. Johnston of
Florida.
H.R. 1276: Mr. DeLay and Mr. Calvert.
H.R. 1332: Mr. Hoke and Mr. Rowland.
H.R. 1455: Mr. Deutsch.
H.R. 1490: Mr. Hobson, Mr. Rohrabacher, and Mr. Hutto.
H.R. 1493: Mr. Roberts.
H.R. 1534: Mr. Boehlert.
H.R. 1621: Mr. Barrett of Wisconsin.
H.R. 1671: Mr. Gunderson.
H.R. 1823: Mrs. Collins of Illinois.
H.R. 1986: Mr. Filner.
H.R. 2019: Mr. Miller of California.
H.R. 2092: Mr. Torkildsen, Mr. Faleomavaega, Mr.
Pastor, Mr. Rohrabacher, and Mr. Hoyer.
H.R. 2420: Mr. Hutto.
H.R. 2447: Ms. Waters, Mr. Engel, Mrs. Mink of Hawaii, Mr.
Kreidler, Mr. Moran, Mr. Sawyer, and Mr. Bryant.
H.R. 2467: Mr. Bereuter, Mr. Gilman, Mrs. Kennelly, Mr.
Levy, Mr. Mazzoli, Mr. Paxon, Mr. Schiff, Mr. Sisisky, and
Mr. Stupak.
H.R. 2481: Mr. Bonior.
H.R. 2543: Mr. Shays and Mr. Wynn.
H.R. 2586: Mr. Parker and Mr. Sangmeister.
H.R. 2708: Mr. Parker.
H.R. 2759: Mr. Hoke, Mr. Martinez, Ms. Kaptur, Mr. Grams,
Mr. Slattery, Mr. Hunter, and Mr. Dreier.
H.R. 2767: Mr. Frost.
H.R. 2873: Mr. Olver, Mr. Torres, Mr. Inhofe, Mr. Quinn,
Mr. Solomon, Mr. Matsui, Mr. Fazio, Mr. Moorhead, Mr.
Peterson of Minnesota, Mr. Hutchinson, and Mr. Dicks.
H.R. 2912: Mr. Upton.
H.R. 3023: Mr. Young of Alaska, Ms. Lambert, Mr. Hyde, Mr.
Sisisky, Mr. Pombo, Mr. Doolittle, Mr. Lantos, Mr. Hutto, Mr.
Walsh, Mr. Hansen, Mr. Bunning, Mr. Lewis of Georgia, Mr.
Hutchinson, Mr. Santorum, Mr. Thornton, and Mr. Mollohan.
H.R. 3065: Mr. Deutsch.
H.R. 3079: Mr. Kopetski.
H.R. 3087: Mr. Castle, Mr. Hinchey, Mr. Fields of
Louisiana, and Mr. Schiff.
H.R. 3122: Mr. Bachus of Alabama.
H.R. 3125: Mr. Packard and Mr. Calvert.
H.R. 3246: Mr. Barrett of Nebraska, Mr. Grandy, Mr.
Hutchinson, Mr. Lipinski, Mrs. Maloney, Mr. Montgomery, Mr.
Neal of North Carolina, Mr. Ridge, Mr. Sabo, Mrs. Unsoeld,
Mr. Wise, Mr. Skelton, Mr. Mollohan, Mr. McCollum, Mr.
Bryant, Mr. Hancock, Mr. Applegate, and Mr. Darden.
H.R. 3256: Mr. Penny.
1H.R. 3269: Mr. DeFazio, Mr. Lewis of Georgia, Mr.
Hochbrueckner, Mr. Bishop, Ms. Woolsey, Mr. Barrett of
Wisconsin, Mr. Hamburg, Mr. Fish, Mr. McDermott, and Mr.
Gejdenson.
H.R. 3288: Mr. Murphy.
H.R. 3293: Mr. Rangel and Mr. Borski.
H.R. 3309: Mr. Traficant, Mr. Ford of Michigan, Mr.
Peterson of Minnesota, Mr. Johnson of South Dakota, Ms.
Cantwell, Mr. Hefner, Mr. Murphy, Mr. Kopetski, Mr. Clay, Mr.
Vento, Mr. Bilbray, Miss Collins of Michigan, Ms. Pelosi, and
Ms. Eshoo.
H.R. 3367: Mr. Kim, Mr. Hobson, and Mr. Roth.
H.R. 3486: Mr. Dornan, Mr. Dickey, Mr. Sundquist, Mr.
Derrick, Mr. Allard, Mr. Klug, Mr. Gordon, Mr. Bonilla, Mr.
Zeliff, Mr. Inhofe, Mr. DeLay, Mr. Goodling, Mrs. Lloyd, Mr.
Hutchinson, Mr. Crapo, Mr. Manzullo, Mr. Taylor of North
Carolina, Mrs. Unsoeld, Mr. Taylor of Mississippi, Mr.
Brewster, Mr. Franks of Connecticut, Mr. Fields of Texas, Mr.
Swett, Mr. Nussle, Mr. Thomas of Wyoming, Mr. Upton, Mr.
Boehner, and Mr. Sensenbrenner.
H.R. 3488: Mr. Peterson of Minnesota, Mr. Duncan, Mr.
Sarpalius, Mr. Barlow, Mr. Dickey, and Mr. Calvert.
H.R. 3490: Mr. Duncan and Mrs. Mink of Hawaii.
H.R. 3564: Mr. Washington and Mr. Fish.
H.R. 3636: Mr. Neal of Massachusetts and Mr. Owens.
H.R. 3663: Mr. Sanders.
H.R. 3729: Ms. Snowe, Mr. Camp, and Mrs. Vucanovich.
H.R. 3786: Mr. Hughes.
H.R. 3794: Mr. Allard and Mr. Dickey.
H.R. 3802: Mr. Shays.
H.R. 3840: Mr. Fields of Texas, Mr. Pickle, Mr. Edwards of
Texas, Mr. Laughlin, Mr. de la Garza, Mr. Washington, Mr.
Andrews of Texas, Mr. Ortiz, Mr. Gene Green of Texas, Mr.
Combest, Mr. Smith of Texas, Mr. Bonilla, Mr. Sam Johnson,
Mr. DeLay, and Mr. Smith of Oregon.
H.R. 3875: Mr. McCandless, Mr. Roberts, Mr. Wilson, Mr.
Emerson, Mr. Inhofe, Mr. Thomas of Wyoming, Mr. Boehner, Mr.
Hutchinson, and Mr. Livingston.
H.R. 3912: Mr. Gilman.
H.R. 3929: Mr. Hansen, Mr. Hefley, Mr. Ewing, Mr. Moran,
Mr. Condit, Mr. Pombo, Mr. Bonilla, Mr. DeLay, Mr. Hastert,
Mr. Doolittle, and Mr. Baker of California.
H.R. 3935: Mr. Pickle.
H.R. 3949: Mr. McHugh, Mr. Sisisky, Mr. Dornan, and Mr.
Rangel.
H.R. 3951: Mr. Stenholm, Mr. Emerson, Mr. Duncan, and Mr.
Orton.
H.R. 3955: Mr. Brewster and Mr. Lewis of Florida.
H.J. Res. 253: Mr. Dellums, Mr. Hilliard, Ms. Snowe, Ms.
Brown of Florida, and Mr. Gekas.
H.J. Res. 278: Ms. Snowe and Ms. Eddie Bernice Johnson of
Texas.
H.J. Res. 310: Mr. Gingrich, Mr. Burton of Indiana, Mr.
Wheat, Mr. Torres, Mr. Sisisky, and Mr. Fingerhut.
H.J. Res. 317: Mr. Lewis of Florida, Mr. Wyden, Mr.
Hoagland, Mr. Taylor of North Carolina, Mr. Richardson, Mr.
Underwood, Mr. Upton, Mr. Dickey, Mr. Price of North
Carolina, Mr. Ravenel, Mr. McHugh, Mr. Sabo, Mr. Fields of
Texas, Mr. Everett, Mr. Hobson, Mr. Bateman, Mr. Tauzin, Mr.
Mann, Mr. Condit, Mrs. Vucanovich, Mr. Regula, Mr. Tejeda,
Mr. Greenwood, Mr. Torres, Ms. Lambert, Mr. Deal, Mr. Inslee,
Mr. Baker of Louisiana, Mr. Stump, Mr. Smith of Texas, Mr.
Payne of Virginia, Mr. Brown of California, Mr. Grandy, Mr.
Barcia of Michigan, Mr. Pete Geren of Texas, Mr. Peterson of
Minnesota, Mr. Barrett of Nebraska, Mr. LaFalce, Ms.
Margolies-Mezvinsky, Mr. Bliley, Mr. Hall of Ohio, Mr. Hutto,
Mr. Hyde, Mr. Hansen, Mr. Hall of Texas, Mr. Lancaster, Mr.
Dicks, Mr. Ridge, Mr. Ford of Tennessee, Mr. Valentine, Mrs.
Unsoeld, Mr. Swift, Ms. Dunn, Mr. Kreidler, Mr. Hunter, Mrs.
Bentley, Mr. Swett, Mr. Johnson of Georgia, Ms. Cantwell, Mr.
Bartlett of Maryland, and Mr. Sisisky.
H.J. Res. 318: Mr. Skeen, Mr. Hutchinson, Mr. Solomon, Mr.
Hefner, Ms. Brown of Florida, Mr. Deutsch, Mr. Bilirakis, Mr.
Gordon, Mr. Hutto, Mr. Parker, Mr. Franks of New Jersey, and
Mr. Bateman.
H.J. Res. 319: Mr. Linder, Mr. Bunning, Mr. Houghton, Mr.
Rohrabacher, Mrs. Meyers of Kansas, Mr. Hughes, Mr. Baker of
Louisiana, Mr. Lewis of Florida, and Mr. Goss.
H.J. Res. 325: Mr. Kim, Mr. Hamburg, Mr. Callahan, Mr.
Frost, Ms. Waters, Mr. Frank of Massachusetts, and Mr.
Gonzalez.
H.J. Res. 326: Mr. Hochbrueckner, and Mr. Frost.
H. Con. Res. 98: Ms. Molinari, Mr. Slattery, Mr. Calvert,
Mr. Herger, Mr. Dreier, Ms. Dunn, and Mr. Royce.
H. Con. Res. 147: Ms. Eddie Bernice Johnson of Texas, Mr.
Wheat, Mr. Mann, and Mr. Stupak.
H. Con. Res. 152: Mr. Johnson of South Dakota.
H. Con. Res. 202: Mr. Borski.
H. Con. Res. 209: Mr. Evans, and Mr. Rangel.
H. Res. 255: Mr. Machtley, Mr. Barca of Wisconsin, Mr. Sam
Johnson of Texas, Mr. Royce, Ms. McKinney, and Mr. Slattery.
H. Res. 365: Mr. Canady.
Para. 21.21 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 417: Mr. Foglietta.
[[Page 253]]
.
FRIDAY, MARCH 11, 1994 (22)
The House was called to order by the SPEAKER.
Para. 22.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Thursday, March 10, 1994.
Mrs. UNSOELD, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Mrs. UNSOELD objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
225
When there appeared
<3-line {>
Nays
148
Para. 22.2 [Roll No. 53]
YEAS--225
Ackerman
Andrews (ME)
Andrews (NJ)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Berman
Bevill
Bilbray
Blackwell
Bonior
Borski
Boucher
Brewster
Browder
Bryant
Callahan
Cantwell
Cardin
Carr
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Durbin
Edwards (CA)
Engel
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Frost
Furse
Gejdenson
Geren
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Houghton
Hoyer
Hughes
Hutto
Hyde
Inglis
Inslee
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kingston
Kleczka
Klein
Klink
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCollum
McCurdy
McHale
McKinney
McNulty
Meek
Menendez
Mfume
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Murtha
Myers
Nadler
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Richardson
Roemer
Rose
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Schenk
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torricelli
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--148
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Calvert
Camp
Canady
Castle
Clay
Clinger
Coble
Collins (GA)
Cox
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Ewing
Fawell
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Gunderson
Hancock
Hansen
Hastert
Hefley
Hobson
Hoekstra
Hoke
Horn
Huffington
Hunter
Hutchinson
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kim
King
Klug
Knollenberg
Kolbe
Kreidler
Kyl
Lazio
Leach
Levy
Lewis (FL)
Linder
Livingston
Machtley
McCandless
McDade
McHugh
McInnis
McKeon
Meyers
Mica
Michel
Miller (FL)
Molinari
Murphy
Nussle
Oxley
Packard
Paxon
Petri
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Saxton
Schaefer
Schiff
Schroeder
Sensenbrenner
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Spence
Stearns
Stump
Sundquist
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Torkildsen
Upton
Vento
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--60
Abercrombie
Andrews (TX)
Barton
Bentley
Bishop
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Buyer
Byrne
Chapman
Collins (IL)
Crane
Dixon
Dooley
Edwards (TX)
Fields (TX)
Fish
Ford (TN)
Frank (MA)
Gallo
Gephardt
Gibbons
Greenwood
Gutierrez
Hastings
Hayes
Herger
Jefferson
Kopetski
Lewis (CA)
Lightfoot
Maloney
Manzullo
McCloskey
McCrery
McDermott
McMillan
Meehan
Miller (CA)
Moorhead
Moran
Morella
Natcher
Neal (NC)
Orton
Owens
Pelosi
Porter
Reynolds
Rostenkowski
Shaw
Slattery
Solomon
Thomas (WY)
Torres
Towns
Washington
Whitten
So the Journal was approved.
Para. 22.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2753. A letter from the Director, Defense Security
Assistance Agency, transmitting the Department of the Air
Force's proposed lease of defense articles to Australia
(Transmittal No. 11-94), pursuant to 22 U.S.C. 2796a(a); to
the Committee on Foreign Affairs.
2754. A letter from the Director, Defense Security
Assistance Agency, transmitting the quarterly reports in
accordance with sections 36(a) and 26(b) of the Arms Export
Control Act, the March 24, 1979, report by the Committee on
Foreign Affairs, and the seventh report by the Committee on
Government Operations for the first quarter of fiscal year
1994, October 1, 1993, through December 31, 1993, pursuant to
22 U.S.C. 2776(a); to the Committee on Foreign Affairs.
2755. A letter from the Chairman, Consumer Product Safety
Commission, transmitting a report of activities under the
Freedom of Information Act for calendar year 1993, pursuant
to 5 U.S.C. 552(e); to the Committee on Government
Operations.
2756. A letter from the Secretary, Department of Commerce,
transmitting the annual report on the effect of process
patent amendments on domestic industries, pursuant to 35
U.S.C. 271 note; to the Committee on the Judiciary.
2757. A letter from the Secretary of Transportation,
transmitting a draft of proposed legislation entitled
``Maritime Administration Authorization Act for fiscal year
1995,'' pursuant to 31 U.S.C. 1110; jointly, to the
Committees on Merchant Marine and Fisheries and Ways and
Means.
2758. A letter from the Secretary of Energy, transmitting a
supplemental comprehensive report on the Tidd pressurized
fluidized bed combustion [PFBC] project sponsored by the Ohio
Power Co., pursuant to Public Law 99-190; jointly, to the
Committees on Appropriations; Science, Space, and Technology;
and Energy and Commerce.
Para. 22.4 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed a bill and joint resolutions of the following
titles, in which the concurrence of the House is requested:
S. 282. An Act to provide Federal recognition of the Mowa
Band of Choctaw Indians of Alabama.
S.J. Res. 150. Joint resolution to designate the week of
May 2 through May 8, 1994, as ``Public Service Recognition
Week.''
S.J. Res. 151. Joint resolution designating the week of
April 10 through 16, 1994, as ``Primary Immune Deficiency
Awareness Week.''
S.J. Res. 162. Joint resolution designating March 25, 1994,
as ``Greek Independence Day: A National Day of Celebration of
Greek and American Democracy.''
S.J. Res. 163. Joint resolution to proclaim March 20, 1994,
as ``National Agriculture Day.''
Para. 22.5 congressional budget, fy 1995
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, pursuant to House
Resolution 384 and rule XXIII, declared the House resolved into the
Committee of the Whole House on the state of the Union for the further
consideration of the concurrent resolution (H. Con. Res. 218) setting
forth the congressional budget for the United States Government for
fiscal years 1995, 1996, 1997, 1998, and 1999.
Mr. SERRANO, Chairman of the Committee of the Whole, resumed the
chair; and after some time spent therein,
Para. 22.6 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the
[[Page 254]]
Whole on the following amendment in the nature of a substitute submitted
by Mr. MFUME:
Strike all after the resolving clause and insert the
following:
SECTION 1. CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL
YEAR 1995.
The Congress determines and declares that this resolution
is the concurrent resolution on the budget for fiscal year
1995, including the appropriate budgetary levels for fiscal
years 1996, 1997, 1998, and 1999, as required by section 301
of the Congressional Budget Act of 1974.
SEC. 2. RECOMMENDED LEVELS AND AMOUNTS.
The following budgetary levels are appropriate for the
fiscal years beginning on October 1, 1994, October 1, 1995,
October 1, 1996, October 1, 1997, and October 1, 1998:
(1) The recommended levels of Federal revenues are as
follows:
Fiscal year 1995: $1,340,000,000,000.
Fiscal year 1996: $1,410,766,000,000.
Fiscal year 1997: $1,478,765,000,000.
Fiscal year 1998: $1,555,924,000,000.
Fiscal year 1999: $1,629,943,000,000.
and the amounts by which the aggregate levels of Federal
revenues should be increased are as follows:
Fiscal year 1995: $0.
Fiscal year 1996: $0.
Fiscal year 1997: $0.
Fiscal year 1998: $0.
Fiscal year 1999: $0.
and the amounts for Federal Insurance Contributions Act
revenues for hospital insurance within the recommended levels
of Federal revenues are as follows:
Fiscal year 1995: $100,300,000,000.
Fiscal year 1996: $106,300,000,000.
Fiscal year 1997: $111,900,000,000.
Fiscal year 1998: $117,800,000,000.
Fiscal year 1999: $123,700,000,000.
(2) The appropriate levels of total new budget authority
are as follows:
Fiscal year 1995: $1,528,939,000,000.
Fiscal year 1996: $1,615,016,000,000.
Fiscal year 1997: $1,697,530,000,000.
Fiscal year 1998: $1,775,163,000,000.
Fiscal year 1999: $1,870,310,000,000.
(3) The appropriate levels of total budget outlays are as
follows:
Fiscal year 1995: $1,513,508,000,000.
Fiscal year 1996: $1,587,596,000,000.
Fiscal year 1997: $1,671,560,000,000.
Fiscal year 1998: $1,741,837,000,000.
Fiscal year 1999: $1,830,136,000,000.
(4) The amounts of the deficits are as follows:
Fiscal year 1995: $173,508,000,000.
Fiscal year 1996: $176,830,000,000.
Fiscal year 1997: $192,795,000,000.
Fiscal year 1998: $185,913,000,000.
Fiscal year 1999: $200,193,000,000.
(5) The appropriate levels of the public debt are as
follows:
Fiscal year 1995: $4,968,300,000,000.
Fiscal year 1996: $5,293,800,000,000.
Fiscal year 1997: $5,640,100,000,000.
Fiscal year 1998: $5,996,200,000,000.
Fiscal year 1999: $6,367,300,000,000.
(6) The appropriate levels of total Federal credit activity
for the fiscal years beginning on October 1, 1994, October 1,
1995, October 1, 1996, October 1, 1997, and October 1, 1998,
are as follows:
Fiscal year 1995:
(A) New direct loan obligations, $26,700,000,000.
(B) New primary loan guarantee commitments,
$199,700,000,000.
Fiscal year 1996:
(A) New direct loan obligations, $32,100,000,000.
(B) New primary loan guarantee commitments,
$174,400,000,000.
Fiscal year 1997:
(A) New direct loan obligations, $33,800,000,000.
(B) New primary loan guarantee commitments,
$164,600,000,000.
Fiscal year 1998:
(A) New direct loan obligations, $35,700,000,000.
(B) New primary loan guarantee commitments,
$164,100,000,000.
Fiscal year 1999:
(A) New direct loan obligations, $37,800,000,000.
(B) New primary loan guarantee commitments,
$163,500,000,000.
SEC. 3. MAJOR FUNCTIONAL CATEGORIES.
The Congress determines and declares that the appropriate
levels of new budget authority, budget outlays, new direct
loan obligations, new primary loan guarantee commitments, and
new secondary loan guarantee commitments for fiscal years
1995 through 1999 for each major functional category are:
(1) National Defense (050):
Fiscal year 1995:
(A) New budget authority, $246,501,000,000.
(B) Outlays, $261,488,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $237,831,000,000.
(B) Outlays, $249,512,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $222,445,000,000.
(B) Outlays, $234,674,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $205,495,000,000.
(B) Outlays, $220,881,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $200,617,000,000.
(B) Outlays, $209,813,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(2) International Affairs (150):
Fiscal year 1995:
(A) New budget authority, $17,885,000,000.
(B) Outlays, $18,227,000,000.
(C) New direct loan obligations, $3,200,000,000.
(D) New primary loan guarantee commitments,
$18,000,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $16,886,000,000.
(B) Outlays, $19,031,000,000.
(C) New direct loan obligations, $2,800,000,000.
(D) New primary loan guarantee commitments,
$18,500,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $17,917,000,000.
(B) Outlays, $20,177,000,000.
(C) New direct loan obligations, $2,600,000,000.
(D) New primary loan guarantee commitments,
$18,500,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $18,593,000,000.
(B) Outlays, $21,111,000,000.
(C) New direct loan obligations, $2,400,000,000.
(D) New primary loan guarantee commitments,
$18,500,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $20,055,000,000.
(B) Outlays, $22,602,000,000.
(C) New direct loan obligations, $2,400,000,000.
(D) New primary loan guarantee commitments,
$16,500,000,000.
(E) New secondary loan guarantee commitments, $0.
(3) General Science, Space, and Technology (250):
Fiscal year 1995:
(A) New budget authority, $17,406,000,000.
(B) Outlays, $17,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $18,446,000,000.
(B) Outlays, $18,122,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $19,014,000,000.
(B) Outlays, $18,771,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $18,913,000,000.
(B) Outlays, $18,862,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $20,008,000,000.
(B) Outlays, $19,954,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(4) Energy (270):
Fiscal year 1995:
(A) New budget authority, $5,923,000,000.
(B) Outlays, $5,086,000,000.
(C) New direct loan obligations, $1,400,000,000.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $5,900,000,000.
(B) Outlays, $5,375,000,000.
(C) New direct loan obligations, $1,500,000,000.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $6,189,000,000.
(B) Outlays, $5,590,000,000.
(C) New direct loan obligations, $1,500,000,000.
(D) New primary loan guarantee commitments, $0.
[[Page 255]]
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $6,411,000,000.
(B) Outlays, $5,560,000,000.
(C) New direct loan obligations, $1,500,000,000.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $6,179,000,000.
(B) Outlays, $5,540,000,000.
(C) New direct loan obligations, $1,500,000,000.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(5) Natural Resources and Environment (300):
Fiscal year 1995:
(A) New budget authority, $21,187,000,000.
(B) Outlays, $21,508,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $22,194,000,000.
(B) Outlays, $22,838,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $23,518,000,000.
(B) Outlays, $24,171,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $23,666,000,000.
(B) Outlays, $24,297,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $24,676,000,000.
(B) Outlays, $25,354,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(6) Agriculture (350):
Fiscal year 1995:
(A) New budget authority, $13,249,000,000.
(B) Outlays, $11,942,000,000.
(C) New direct loan obligations, $10,100,000,000.
(D) New primary loan guarantee commitments, $7,400,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $14,224,000,000.
(B) Outlays, $12,482,000,000.
(C) New direct loan obligations, $9,700,000,000.
(D) New primary loan guarantee commitments, $7,400,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $14,878,000,000.
(B) Outlays, $13,018,000,000.
(C) New direct loan obligations, $9,700,000,000.
(D) New primary loan guarantee commitments, $7,400,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $15,269,000,000.
(B) Outlays, $13,543,000,000.
(C) New direct loan obligations, $9,800,000,000.
(D) New primary loan guarantee commitments, $7,400,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $15,918,000,000.
(B) Outlays, $14,208,000,000.
(C) New direct loan obligations, $9,400,000,000.
(D) New primary loan guarantee commitments, $7,400,000,000.
(E) New secondary loan guarantee commitments, $0.
(7) Commerce and Housing Credit (370):
Fiscal year 1995:
(A) New budget authority, $9,655,000,000.
(B) Outlays, -$7,501,000,000.
(C) New direct loan obligations, $2,800,000,000.
(D) New primary loan guarantee commitments,
$117,900,000,000.
(E) New secondary loan guarantee commitments,
$130,000,000,000.
Fiscal year 1996:
(A) New budget authority, $6,485,000,000.
(B) Outlays, -$11,394,000,000.
(C) New direct loan obligations, $3,000,000,000.
(D) New primary loan guarantee commitments,
$103,200,000,000.
(E) New secondary loan guarantee commitments,
$110,000,000,000.
Fiscal year 1997:
(A) New budget authority, $6,134,000,000.
(B) Outlays, -$3,104,000,000.
(C) New direct loan obligations, $3,100,000,000.
(D) New primary loan guarantee commitments,
$95,400,000,000.
(E) New secondary loan guarantee commitments,
$110,000,000,000.
Fiscal year 1998:
(A) New budget authority, $6,994,000,000.
(B) Outlays, -$2,296,000,000.
(C) New direct loan obligations, $3,200,000,000.
(D) New primary loan guarantee commitments,
$96,600,000,000.
(E) New secondary loan guarantee commitments,
$110,000,000,000.
Fiscal year 1999:
(A) New budget authority, $6,760,000,000.
(B) Outlays, -$1,842,000,000.
(C) New direct loan obligations, $3,400,000,000.
(D) New primary loan guarantee commitments,
$99,500,000,000.
(E) New secondary loan guarantee commitments,
$110,000,000,000.
(8) Transportation (400):
Fiscal year 1995:
(A) New budget authority, $42,012,000,000.
(B) Outlays, $38,914,000,000.
(C) New direct loan obligations, $100,000,000.
(D) New primary loan guarantee commitments, $500,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $42,988,000,000.
(B) Outlays, $41,205,000,000.
(C) New direct loan obligations, $100,000,000.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $46,125,000,000.
(B) Outlays, $43,572,000,000.
(C) New direct loan obligations, $100,000,000.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $47,587,000,000.
(B) Outlays, $45,206,000,000.
(C) New direct loan obligations, $100,000,000.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $49,500,000,000.
(B) Outlays, $47,833,000,000.
(C) New direct loan obligations, $100,000,000.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(9) Community and Regional Development (450):
Fiscal year 1995:
(A) New budget authority, $9,633,000,000.
(B) Outlays, $9,799,000,000.
(C) New direct loan obligations, $2,200,000,000.
(D) New primary loan guarantee commitments, $3,600,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $10,110,000,000.
(B) Outlays, $10,240,000,000.
(C) New direct loan obligations, $2,200,000,000.
(D) New primary loan guarantee commitments, $3,600,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $10,669,000,000.
(B) Outlays, $10,829,000,000.
(C) New direct loan obligations, $2,200,000,000.
(D) New primary loan guarantee commitments, $3,600,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $11,071,000,000.
(B) Outlays, $11,243,000,000
(C) New direct loan obligations, $2,200,000,000
(D) New primary loan guarantee commitments, $3,600,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $11,717,000,000.
(B) Outlays, $11,927,000,000.
(C) New direct loan obligations, $2,200,000,000.
(D) New primary loan guarantee commitments, $3,600,000,000.
(E) New secondary loan guarantee commitments, $0.
(10) Education, Training, Employment, and Social Services
(500):
Fiscal year 1995:
(A) New budget authority, $58,889,000,000.
(B) Outlays, $54,649,000,000.
(C) New direct loan obligations, $5,500,000,000.
(D) New primary loan guarantee commitments,
$19,000,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $60,533,000,000.
(B) Outlays, $55,221,000,000.
(C) New direct loan obligations, $11,500,000,000.
(D) New primary loan guarantee commitments,
$14,000,000,000.
[[Page 256]]
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $63,420,000,000.
(B) Outlays, $58,207,000,000.
(C) New direct loan obligations, $13,200,000,000.
(D) New primary loan guarantee commitments,
$13,200,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $65,707,000,000.
(B) Outlays, $60,716,000,000.
(C) New direct loan obligations, $15,100,000,000.
(D) New primary loan guarantee commitments,
$12,300,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $69,021,000,000.
(B) Outlays, $63,694,000,000.
(C) New direct loan obligations, $16,800,000,000.
(D) New primary loan guarantee commitments,
$11,200,000,000.
(E) New secondary loan guarantee commitments, $0.
(11) Health (550):
Fiscal year 1995:
(A) New budget authority, $124,514,000,000.
(B) Outlays, $123,683,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $400,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $138,119,000,000.
(B) Outlays, $137,190,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $300,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $153,012,000,000.
(B) Outlays, $152,000,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $200,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $169,005,000,000.
(B) Outlays, $167,945,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $100,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $186,894,000,000.
(B) Outlays, $185,792,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(12) Medicare (570):
Fiscal year 1995:
(A) New budget authority, $162,436,000,000.
(B) Outlays, $160,479,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $18,485,000,000.
(B) Outlays, $178,214,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $198,513,000,000.
(B) Outlays, $196,095,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $218,778,000,000.
(B) Outlays, $215,142,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $242,231,000,000.
(B) Outlays, $239,037,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(13) Income Security (600):
Fiscal year 1995:
(A) New budget authority, $224,080,000,000.
(B) Outlays, $221,469,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $242,554,000,000.
(B) Outlays, $231,580,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $264,372,000,000.
(B) Outlays, $245,753,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $286,560,000,000.
(B) Outlays, $256,627,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $301,889,000,000.
(B) Outlays, $270,183,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(14) Social Security (650):
Fiscal year 1995:
(A) New budget authority, $339,202,000,000.
(B) Outlays, $337,349,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $355,535,000,000.
(B) Outlays, $355,206,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $374,638,000,000.
(B) Outlays, $373,097,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $393,364,000,000.
(B) Outlays, $391,774,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $413,059,000,000.
(B) Outlays, $411,228,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(15) Veterans Benefits and Services (700):
Fiscal year 1995:
(A) New budget authority, $34,756,000,000.
(B) Outlays, $37,288,000,000.
(C) New direct loan obligations, $1,400,000,000.
(D) New primary loan guarantee commitments,
$32,900,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $35,584,000,000.
(B) Outlays, $37,050,000,000.
(C) New direct loan obligations, $1,300,000,000.
(D) New primary loan guarantee commitments,
$27,400,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $36,755,000,000.
(B) Outlays, $39,803,000,000.
(C) New direct loan obligations, $1,400,000,000.
(D) New primary loan guarantee commitments,
$25,800,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $37,592,000,000.
(B) Outlays, $40,868,000,000.
(C) New direct loan obligations, $1,400,000,000.
(D) New primary loan guarantee commitments,
$25,600,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $39,713,000,000.
(B) Outlays, $43,233,000,000.
(C) New direct loan obligations, $1,500,000,000.
(D) New primary loan guarantee commitments,
$25,300,000,000.
(E) New secondary loan guarantee commitments, $0.
(16) Administration of Justice (750):
Fiscal year 1995:
(A) New budget authority, $17,926,000,000.
(B) Outlays, $17,999,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $20,820,000,000.
(B) Outlays, $19,085,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $22,086,000,000.
(B) Outlays, $20,919,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $23,421,000,000.
(B) Outlays, $22,551,000,000.
[[Page 257]]
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $22,775,000,000.
(B) Outlays, $22,104,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(17) General Government (800):
Fiscal year 1995:
(A) New budget authority, $13,087,000,000.
(B) Outlays, $13,231,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $13,813,000,000.
(B) Outlays, $14,129,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0
Fiscal year 1997:
(A) New budget authority, $14,559,000,000.
(B) Outlays, $14,708,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $15,079,000,000.
(B) Outlays, $15,233,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $15,915,000,000.
(B) Outlays, $16,094,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(18) Net Interest (900):
Fiscal year 1995:
(A) New budget authority, $213,668,000,000.
(B) Outlays, $213,666,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $230,021,000,000.
(B) Outlays, $230,021,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $241,215,000,000.
(B) Outlays, $241,215,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $252,050,000,000.
(B) Outlays, $252,050,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $263,900,000,000.
(B) Outlays, $263,900,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(19) Allowances (920):
Fiscal year 1995:
(A) New budget authority, $0.
(B) Outlays, $0.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $0.
(B) Outlays, $0.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $0.
(B) Outlays, $0.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $0.
(B) Outlays, $0.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $0.
(B) Outlays, $0.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(20) Undistributed Offsetting Receipts (950):
Fiscal year 1995:
(A) New budget authority, -$42,898,000,000.
(B) Outlays, -$42,898,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, -$37,512,000,000.
(B) Outlays, -$37,512,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, -$37,933,000,000.
(B) Outlays, -$37,933,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, -$39,474,000,000.
(B) Outlays, -$39,474,000,000.0.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, -$40,518,000,000.
(B) Outlays, -$40,518,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
It was decided in the
Yeas
81
<3-line {>
negative
Nays
326
Para. 22.7 [Roll No. 54]
AYES--81
Andrews (ME)
Barrett (WI)
Becerra
Bishop
Blackwell
Bonior
Brown (CA)
Brown (FL)
Clay
Clayton
Clyburn
Collins (MI)
Conyers
Coyne
de Lugo (VI)
Dellums
Dixon
Edwards (CA)
Ehlers
Engel
Evans
Faleomavaega (AS)
Farr
Fields (LA)
Filner
Flake
Foglietta
Ford (MI)
Frank (MA)
Furse
Gekas
Green
Hamburg
Hilliard
Hinchey
Jacobs
Jefferson
Johnson, E. B.
Kennedy
Lewis (GA)
Maloney
Markey
McDermott
McKinney
Meek
Menendez
Mfume
Mineta
Mink
Nadler
Norton (DC)
Olver
Owens
Pastor
Payne (NJ)
Rangel
Richardson
Romero-Barcelo (PR)
Roybal-Allard
Rush
Sabo
Sanders
Schroeder
Scott
Serrano
Shays
Stark
Stokes
Thompson
Torres
Tucker
Underwood (GU)
Velazquez
Vento
Washington
Waters
Watt
Wheat
Woolsey
Wynn
Yates
NOES--326
Ackerman
Allard
Andrews (NJ)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Bartlett
Bateman
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Borski
Boucher
Brewster
Browder
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clement
Clinger
Coble
Coleman
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Costello
Cramer
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Emerson
English
Eshoo
Everett
Ewing
Fawell
Fazio
Fingerhut
Fish
Fowler
Franks (CT)
Franks (NJ)
Frost
Gallegly
Gejdenson
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hefley
Hefner
Herger
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (FL)
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Mann
Manton
Manzullo
Margolies-Mezvinsky
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
[[Page 258]]
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McNulty
Meyers
Mica
Michel
Miller (FL)
Minge
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Neal (MA)
Nussle
Oberstar
Obey
Ortiz
Oxley
Packard
Pallone
Parker
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Rowland
Royce
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schumer
Sensenbrenner
Sharp
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thornton
Thurman
Torkildsen
Torricelli
Traficant
Unsoeld
Upton
Valentine
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waxman
Weldon
Whitten
Williams
Wilson
Wise
Wolf
Wyden
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--31
Abercrombie
Andrews (TX)
Barton
Brooks
Collins (IL)
Cox
Crane
Dooley
Fields (TX)
Ford (TN)
Gallo
Gephardt
Gibbons
Gutierrez
Hastings
Hayes
Kopetski
Lewis (CA)
Lightfoot
McMillan
Meehan
Miller (CA)
Natcher
Neal (NC)
Orton
Pelosi
Reynolds
Rostenkowski
Shaw
Slattery
Towns
So the amendment in the nature of a subsitute was not agreed to.
The Committee rose informally to receive a message from the Senate.
The SPEAKER pro tempore, Mr. TORRICELLI, assumed the Chair.
Para. 22.8 further message from the senate
A further message from the Senate by Mr. Hallen, one of its clerks,
announced that the Senate agreed to the amendment of the House to the
amendment of the Senate with amendments. The message also announced that
the Senate insisted upon its amendments to the amendment of the House to
the amendment of the Senate to the bill (H.R. 3345) ``An Act to provide
temporary authority to Government agencies relating to voluntary
separation incentive payments, and for other purposes'' and requested a
conference with the House on the disagreeing votes of the two Houses
thereon, and appointed Mr. Glenn, Mr. Pryor, Mr. Sasser, Mr. Roth, and
Mr. Stevens, to be the conferees on the part of the Senate.
The SPEAKER pro tempore. The Committee will resume its sitting.
The Committee resumed its sitting; and after some further time spent
therein,
Para. 22.9 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment in the nature of a substitute
submitted by Mr. KASICH:
Strike all after the resolving clause and insert the
following:
SECTION 1. CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL
YEAR 1995.
The Congress determines and declares that this resolution
is the concurrent resolution on the budget for fiscal year
1995, including the appropriate budgetary levels for fiscal
years 1996, 1997, 1998, and 1999, as required by section 301
of the Congressional Budget Act of 1974.
SEC. 2. RECOMMENDED LEVELS AND AMOUNTS.
The following budgetary levels are appropriate for the
fiscal years beginning on October 1, 1994, October 1, 1995,
October 1, 1996, October 1, 1997, and October 1, 1998:
(1) The recommended levels of Federal revenues are as
follows:
Fiscal year 1995: $971,300,000,000.
Fiscal year 1996: $1,010,000,000,000.
Fiscal year 1997: $1,057,500,000,000.
Fiscal year 1998: $1,106,000,000,000.
Fiscal year 1999: $1,150,800,000,000.
and the amounts by which the aggregate levels of Federal
revenues should be decreased are as follows:
Fiscal year 1995: $6,706,000,000.
Fiscal year 1996: $21,012,000,000.
Fiscal year 1997: $22,489,000,000.
Fiscal year 1998: $29,972,000,000.
Fiscal year 1999: $39,154,000,000.
and the amounts for Federal Insurance Contributions Act
revenues for hospital insurance within the recommended levels
of Federal revenues are as follows:
Fiscal year 1995: $100,270,000,000.
Fiscal year 1996: $106,324,000,000.
Fiscal year 1997: $111,933,000,000.
Fiscal year 1998: $117,830,000,000.
Fiscal year 1999: $123,669,000,000.
(2) The appropriate levels of total new budget authority
are as follows:
Fiscal year 1995: $1,194,600,000,000.
Fiscal year 1996: $1,236,700,000,000.
Fiscal year 1997: $1,298,300,000,000.
Fiscal year 1998: $1,372,200,000,000.
Fiscal year 1999: $1,440,300,000,000.
(3) The appropriate levels of total budget outlays are as
follows:
Fiscal year 1995: $1,204,600,000,000.
Fiscal year 1996: $1,229,600,000,000.
Fiscal year 1997: $1,290,800,000,000.
Fiscal year 1998: $1,106,000,000,000.
Fiscal year 1999: $1,150,800,000,000.
(4) The amounts of the deficits are as follows:
Fiscal year 1995: $233,300,000,000.
Fiscal year 1996: $219,600,000,000.
Fiscal year 1997: $233,300,000,000.
Fiscal year 1998: $244,000,000,000.
Fiscal year 1999: $272,100,000,000.
(5) The appropriate levels of the public debt are as
follows:
Fiscal year 1995: $4,963,100,000,000.
Fiscal year 1996: $5,269,100,000,000.
Fiscal year 1997: $5,593,900,000,000.
Fiscal year 1998: $5,971,400,000,000.
Fiscal year 1999: $6,292,000,000,000.
(6) The appropriate levels of total Federal credit activity
for the fiscal years beginning on October 1, 1994, October 1,
1995, October 1, 1996, October 1, 1997, and October 1, 1998,
are as follows:
Fiscal year 1995:
(A) New direct loan obligations, $26,000,000,000.
(B) New primary loan guarantee commitments,
$196,500,000,000.
Fiscal year 1996:
(A) New direct loan obligations, $30,400,000,000.
(B) New primary loan guarantee commitments,
$170,300,000,000.
Fiscal year 1997:
(A) New direct loan obligations, $31,900,000,000.
(B) New primary loan guarantee commitments,
$160,600,000,000.
Fiscal year 1998:
(A) New direct loan obligations, $33,700,000,000.
(B) New primary loan guarantee commitments,
$159,800,000,000.
Fiscal year 1999:
(A) New direct loan obligations, $35,900,000,000.
(B) New primary loan guarantee commitments,
$160,800,000,000.
SEC. 3. MAJOR FUNCTIONAL CATEGORIES.
The Congress determines and declares that the appropriate
levels of new budget authority, budget outlays, new direct
loan obligations, new primary loan guarantee commitments, and
new secondary loan guarantee commitments for fiscal years
1995 through 1999 for each major functional category are:
(1) National Defense (050):
Fiscal year 1995:
(A) New budget authority, $269,700,000,000.
(B) Outlays, $275,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $266,800,000,000.
(B) Outlays, $270,800,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $265,800,000,000.
(B) Outlays, $269,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $275,200,000,000.
(B) Outlays, $272,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $284,200,000,000.
(B) Outlays, $275,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(2) International Affairs (150):
Fiscal year 1995:
(A) New budget authority, $15,800,000,000.
(B) Outlays, $16,800,000,000.
(C) New direct loan obligations, $2,900,000,000.
(D) New primary loan guarantee commitments,
$17,000,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $12,900,000,000.
(B) Outlays, $15,200,000,000.
(C) New direct loan obligations, $2,800,000,000.
(D) New primary loan guarantee commitments,
$17,500,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $12,800,000,000.
(B) Outlays, $14,600,000,000.
[[Page 259]]
(C) New direct loan obligations, $2,600,000,000.
(D) New primary loan guarantee commitments,
$17,500,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $12,700,000,000.
(B) Outlays, $14,300,000,000.
(C) New direct loan obligations, $2,400,000,000.
(D) New primary loan guarantee commitments,
$17,500,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $13,100,000,000.
(B) Outlays, $14,100,000,000.
(C) New direct loan obligations, $2,400,000,000.
(D) New primary loan guarantee commitments,
$17,000,000,000.
(E) New secondary loan guarantee commitments, $0.
(3) General Science, Space, and Technology (250):
Fiscal year 1995:
(A) New budget authority, $16,800,000,000.
(B) Outlays, $17,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $17,300,000,000.
(B) Outlays, $17,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $17,700,000,000.
(B) Outlays, $17,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $18,200,000,000.
(B) Outlays, $18,000,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $18,600,000,000.
(B) Outlays, $18,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(4) Energy (270):
Fiscal year 1995:
(A) New budget authority, $4,500,000,000.
(B) Outlays, $3,600,000,000.
(C) New direct loan obligations, $1,400,000,000.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $2,900,000,000.
(B) Outlays, $2,500,000,000.
(C) New direct loan obligations, $1,500,000,000.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $2,300,000,000.
(B) Outlays, $1,500,000,000.
(C) New direct loan obligations, $1,500,000,000.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $2,500,000,000.
(B) Outlays, $1,000,000,000.
(C) New direct loan obligations, $1,500,000,000.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $1,400,000,000.
(B) Outlays, $300,000,000.
(C) New direct loan obligations, $1,500,000,000.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(5) Natural Resources and Environment (300):
Fiscal year 1995:
(A) New budget authority, $17,200,000,000.
(B) Outlays, $19,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $16,700,000,000.
(B) Outlays, $18,000,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $17,400,000,000.
(B) Outlays, $17,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $17,100,000,000.
(B) Outlays, $17,000,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $16,900,000,000.
(B) Outlays, $16,800,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(6) Agriculture (350):
Fiscal year 1995:
(A) New budget authority, $11,900,000,000.
(B) Outlays, $11,500,000,000.
(C) New direct loan obligations, $9,900,000,000.
(D) New primary loan guarantee commitments, $6,300,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $11,000,000,000.
(B) Outlays, $9,900,000,000.
(C) New direct loan obligations, $8,400,000,000.
(D) New primary loan guarantee commitments, $4,600,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $11,400,000,000.
(B) Outlays, $10,100,000,000.
(C) New direct loan obligations, $8,500,000,000.
(D) New primary loan guarantee commitments, $4,600,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $11,600,000,000.
(B) Outlays, $10,400,000,000.
(C) New direct loan obligations, $8,500,000,000.
(D) New primary loan guarantee commitments, $4,600,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $11,900,000,000.
(B) Outlays, $10,700,000,000.
(C) New direct loan obligations, $8,800,000,000.
(D) New primary loan guarantee commitments, $4,600,000,000.
(E) New secondary loan guarantee commitments, $0.
(7) Commerce and Housing Credit (370):
Fiscal year 1995:
(A) New budget authority, $5,100,000,000.
(B) Outlays, -$11,100,000,000.
(C) New direct loan obligations, $2,800,000,000.
(D) New primary loan guarantee commitments,
$117,900,000,000.
(E) New secondary loan guarantee commitments,
$130,000,000,000.
Fiscal year 1996:
(A) New budget authority, $2,400,000,000.
(B) Outlays, -$13,000,000,000.
(C) New direct loan obligations, $2,800,000,000.
(D) New primary loan guarantee commitments,
$103,200,000,000.
(E) New secondary loan guarantee commitments,
$110,000,000,000.
Fiscal year 1997:
(A) New budget authority, $1,600,000,000.
(B) Outlays, -$6,500,000,000.
(C) New direct loan obligations, $2,800,000,000.
(D) New primary loan guarantee commitments,
$95,900,000,000.
(E) New secondary loan guarantee commitments,
$110,000,000,000.
Fiscal year 1998:
(A) New budget authority, $1,200,000,000.
(B) Outlays, -$6,600,000,000.
(C) New direct loan obligations, $2,800,000,000.
(D) New primary loan guarantee commitments,
$96,600,000,000.
(E) New secondary loan guarantee commitments,
$110,000,000,000.
Fiscal year 1999:
(A) New budget authority, $1,100,000,000.
(B) Outlays, -$5,800,000,000.
(C) New direct loan obligations, $2,800,000,000.
(D) New primary loan guarantee commitments,
$99,500,000,000.
(E) New secondary loan guarantee commitments,
$110,000,000,000.
(8) Transportation (400):
Fiscal year 1995:
(A) New budget authority, $29,500,000,000.
(B) Outlays, $33,900,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $29,700,000,000.
(B) Outlays, $33,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $31,900,000,000.
[[Page 260]]
(B) Outlays, $33,700,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $32,800,000,000.
(B) Outlays, $34,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $33,800,000,000.
(B) Outlays, $35,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(9) Community and Regional Development (450):
Fiscal year 1995:
(A) New budget authority, $5,600,000,000.
(B) Outlays, $11,500,000,000.
(C) New direct loan obligations, $2,200,000,000.
(D) New primary loan guarantee commitments, $2,800,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $5,700,000,000.
(B) Outlays, $8,400,000,000.
(C) New direct loan obligations, $2,100,000,000.
(D) New primary loan guarantee commitments, $2,800,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $5,900,000,000.
(B) Outlays, $6,500,000,000.
(C) New direct loan obligations, $2,000,000,000.
(D) New primary loan guarantee commitments, $2,800,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $6,100,000,000.
(B) Outlays, $6,200,000,000.
(C) New direct loan obligations, $2,000,000,000.
(D) New primary loan guarantee commitments, $2,800,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $6,300,000,000.
(B) Outlays, $6,200,000,000.
(C) New direct loan obligations, $2,000,000,000.
(D) New primary loan guarantee commitments, $2,800,000,000.
(E) New secondary loan guarantee commitments, $0.
(10) Education, Training, Employment, and Social Services
(500):
Fiscal year 1995:
(A) New budget authority, $48,000,000,000.
(B) Outlays, $50,300,000,000.
(C) New direct loan obligations, $5,500,000,000.
(D) New primary loan guarantee commitments,
$19,200,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $47,800,000,000.
(B) Outlays, $46,800,000,000.
(C) New direct loan obligations, $11,500,000,000.
(D) New primary loan guarantee commitments,
$14,400,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $48,600,000,000.
(B) Outlays, $47,400,000,000.
(C) New direct loan obligations, $13,200,000,000.
(D) New primary loan guarantee commitments,
$13,600,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $49,900,000,000.
(B) Outlays, $48,800,000,000.
(C) New direct loan obligations, $15,100,000,000.
(D) New primary loan guarantee commitments,
$12,700,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $51,000,000,000.
(B) Outlays, $49,900,000,000.
(C) New direct loan obligations, $16,900,000,000.
(D) New primary loan guarantee commitments,
$11,600,000,000.
(E) New secondary loan guarantee commitments, $0.
(11) Health (550):
Fiscal year 1995:
(A) New budget authority, $122,000,000,000.
(B) Outlays, $121,700,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $400,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $130,800,000,000.
(B) Outlays, $130,000,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $400,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $143,800,000,000.
(B) Outlays, $142,700,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $400,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $158,500,000,000.
(B) Outlays, $157,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $175,400,000,000.
(B) Outlays, $174,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(12) Medicare (570):
Fiscal year 1995:
(A) New budget authority, $156,600,000,000.
(B) Outlays, $155,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $172,400,000,000.
(B) Outlays, $170,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $189,900,000,000.
(B) Outlays, $187,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $208,100,000,000.
(B) Outlays, $205,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $230,200,000,000.
(B) Outlays, $227,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(13) Income Security (600):
Fiscal year 1995:
(A) New budget authority, $214,800,000,000.
(B) Outlays, $220,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $224,000,000,000.
(B) Outlays, $223,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $238,400,000,000.
(B) Outlays, $238,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $255,400,000,000.
(B) Outlays, $249,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $260,100,000,000.
(B) Outlays, $264,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(14) Social Security (650):
Fiscal year 1995:
(A) New budget authority, $6,700,000,000.
(B) Outlays, $6,700,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $6,200,000,000.
(B) Outlays, $6,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $8,200,000,000.
(B) Outlays, $8,100,000,
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $8,900,000,000.
(B) Outlays, $8,900,000,000.
[[Page 261]]
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $9,700,000,000.
(B) Outlays, $9,600,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(15) Veterans Benefits and Services (700):
Fiscal year 1995:
(A) New budget authority, $36,700,000,000.
(B) Outlays, $36,800,000,000.
(C) New direct loan obligations, $1,300,000,000.
(D) New primary loan guarantee commitments,
$32,900,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $37,200,000,000.
(B) Outlays, $35,800,000,000.
(C) New direct loan obligations, $1,300,000,000.
(D) New primary loan guarantee commitments,
$27,400,000,000.
(E) New secondary loan guarantee commitments, $0
Fiscal year 1997:
(A) New budget authority, $38,100,000,000.
(B) Outlays, $37,900,000,000.
(C) New direct loan obligations, $1,300,000,000.
(D) New primary loan guarantee commitments,
$25,800,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $39,100,000,000.
(B) Outlays, $38,800,000,000.
(C) New direct loan obligations, $1,400,000,000.
(D) New primary loan guarantee commitments,
$25,600,000,000.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $40,500,000,000.
(B) Outlays, $40,300,000,000.
(C) New direct loan obligations, $1,500,000,000.
(D) New primary loan guarantee commitments,
$25,300,000,000.
(E) New secondary loan guarantee commitments, $0.
(16) Administration of Justice (750):
Fiscal year 1995:
(A) New budget authority, $16,300,000,000.
(B) Outlays, $16,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $17,000,000,000.
(B) Outlays, $17,000,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $16,900,000,000.
(B) Outlays, $16,700,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $17,800,000,000.
(B) Outlays, $17,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $17,000,000,000.
(B) Outlays, $18,000,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(17) General Government (800):
Fiscal year 1995:
(A) New budget authority, $11,000,000,000.
(B) Outlays, $12,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $11,200,000,000.
(B) Outlays, $12,000,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $11,600,000,000.
(B) Outlays, $11,800,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $12,100,000,000.
(B) Outlays, $11,800,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $12,600,000,000.
(B) Outlays, $11,900,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(18) Net Interest (900):
Fiscal year 1995:
(A) New budget authority, $246,200,000,000.
(B) Outlays, $246,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $264,100,000,000.
(B) Outlays, $264,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $276,600,000,000.
(B) Outlays, $276,600,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $289,000,000,000.
(B) Outlays, $289,000,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, -$303,300,000,000.
(B) Outlays, -$303,300,000,000.
(C) New direct loan obligations, $0
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(19) Allowances (920):
Fiscal year 1995:
(A) New budget authority, $3,000,000,000.
(B) Outlays, $2,600,000,000.
(C) New direct loan obligations, $0
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, -$6,900,000,000.
(B) Outlays, -$5,800,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, -$8,700,000,000.
(B) Outlays, -$8,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, -$10,700,000,000.
(B) Outlays, -$10,600,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, -$12,500,000,000.
(B) Outlays, -$12,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
(20) Undistributed Offsetting Receipts (950):
Fiscal year 1995:
(A) New budget authority, -$36,800,000,000.
(B) Outlays, -$36,800,000,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, -$32,500,000,000.
(B) Outlays, -$32,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, -$31,900,000,000.
(B) Outlays, -$31,900,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, -$33,300,000,000.
(B) Outlays, -$33,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $34,300,000,000.
(B) Outlays, $34,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(E) New secondary loan guarantee commitments, $0.
[[Page 262]]
SEC. 4. RECONCILIATION.
(a) Not later than May 16, 1994, the House committees named
in subsections (b) through (p) of this section shall submit
their recommendations to the House Committee on the Budget.
After receiving those recommendations, the House Committee on
the Budget shall report to the House a reconciliation bill or
resolution carrying out all such recommendations without any
substantive revision.
(b) Committee on Agriculture shall report changes in law
within its jurisdiction that provide direct spending,
sufficient to increase outlays as follows: $637,000,000 in
fiscal year 1995, and to reduce outlays as follows:
$7,682,000,000 in fiscal year 1996, $5,884,000,000 in fiscal
year 1997, $4,733,000,000 in fiscal year 1998, and
$1,759,000,000 in fiscal year 1999, and program changes in
laws within its jurisdiction, sufficient to result in a
reduction of outlays as follows: $3,042,000,000 in fiscal
year 1995, $3,780,000,000 in fiscal year 1996, $4,777,000,000
in fiscal year 1997, $5,367,000,000 in fiscal year 1998, and
$5,933,000,000 in fiscal year 1999.
(c) Committee on Armed Services shall report changes in law
within its jurisdiction that provide program changes,
sufficient to result in a reduction in outlays as follows:
$17,000,000 in fiscal year 1995, $27,000,000 in fiscal year
1996, $32,000,000 in fiscal year 1997, $33,000,000 in fiscal
year 1998, and $34,000,000 in fiscal year 1999.
(d) Committee on Banking, Finance and Urban Affairs shall
report changes in law within its jurisdiction that provide
direct spending, sufficient to reduce outlays as follows:
$510,000,000 in fiscal year 1995, $297,000,000 in fiscal year
1996, $613,000,000 in fiscal year 1997, $814,000,000 in
fiscal year 1998, and $1,022,000,000 in fiscal year 1999, and
program changes in laws within its jurisdiction, sufficient
to result in a reduction of outlays as follows:
$2,332,000,000 in fiscal year 1995, $2,170,000,000 in fiscal
year 1996, $2,777,000 in fiscal year 1997, $3,062,000,000 in
fiscal year 1998, and $3,263,000 in fiscal year 1999.
(e) Committee on Education and Labor shall report changes
in law within its jurisdiction that provide direct spending,
sufficient to reduce outlays as follows: $1,339,000,000 in
fiscal year 1995, $9,230,000,000 in fiscal year 1996,
$7,517,000,000 in fiscal year 1997, $6,383,000,000 in fiscal
year 1998, and $3,409,000,000 in fiscal year 1999, and
program changes in laws within its jurisdiction, sufficient
to result in a reduction of outlays as follows: $951,000,000
in fiscal year 1995, $3,024,000,000 in fiscal year 1996,
$3,541,000,000 in fiscal year 1997, $3,695,000,000 in fiscal
year 1998, and $3,808,000,000 in fiscal year 1999.
(f) Committee on Energy and Commerce shall report changes
in law within its jurisdiction that provide direct spending,
sufficient to reduce outlays as follows: $2,685,000,000 in
fiscal year 1995, $7,056,000,000 in fiscal year 1996,
$7,538,000,000 in fiscal year 1997, $9,319,000,000 in fiscal
year 1998, and $11,482,000,000 in fiscal year 1999, and
program changes in laws within its jurisdiction, sufficient
to result in a reduction of outlays as follows: $107,000,000
in fiscal year 1995, $227,000,000 in fiscal year 1996,
$340,000,000 in fiscal year 1997, $316,000,000 in fiscal year
1998, and $354,000,000 in fiscal year 1999.
(g) Committee on Foreign Affairs shall report changes in
law within its jurisdiction, program changes, sufficient to
result in a reduction of outlays as follows: $602,000,000 in
fiscal year 1995, $1,319,000,000 in fiscal year 1996,
$1,579,000,000 in fiscal year 1997, $1,712,000,000 in fiscal
year 1998, and $1,824,000,000 in fiscal year 1999.
(h) Committee on Government Operations shall report changes
in law within its jurisdiction that provide program changes,
sufficient to result in a reduction of outlays as follows:
$704,000,000 in fiscal year 1995, $2,092,000,000 in fiscal
year 1996, $2,802,000,000 in fiscal year 1997, $3,258,000,000
in fiscal year 1998, and $3,406,000,000 in fiscal year 1999.
(i) Committee on House Administration shall report program
changes in laws within its jurisdiction, sufficient to result
in a reduction of outlays as follows: $0 in fiscal year 1995,
$0 in fiscal year 1996, $52,000,000 in fiscal year 1997,
$84,000,000 in fiscal year 1998, and $94,000,000 in fiscal
year 1999.
(j) Committee on Judiciary shall report changes in law
within its jurisdiction that provide direct spending,
sufficient to reduce outlays as follows: $0 in fiscal year
1995, $0 in fiscal year 1996, $56,000,000 in fiscal year
1997, $58,000,000 in fiscal year 1998, and $60,000,000 in
fiscal year 1999, and program changes in laws within its
jurisdiction, sufficient to result in a reduction of outlays
as follows: $94,000,000 in fiscal year 1995, $419,000,000 in
fiscal year 1996, $577,000,000 in fiscal year 1997,
$675,000,000 in fiscal year 1998, and $503,000,000 in fiscal
year 1999.
(k) Committee on Merchant Marine and Fisheries shall report
changes in law within its jurisdiction that provide direct
spending, sufficient to reduce outlays as follows:
$103,000,000 in fiscal year 1995, $103,000,000 in fiscal year
1996, $103,000,000 in fiscal year 1997, $103,000,000 in
fiscal year 1998, and $103,000,000 in fiscal year 1999, and
program changes in laws within its jurisdiction, sufficient
to result in a reduction of outlays as follows: $3,000,000 in
fiscal year 1995, $108,000,000 in fiscal year 1996,
$112,000,000 in fiscal year 1997, $114,000,000 in fiscal year
1998, and $114,000,000 in fiscal year 1999.
(l) Committee on Natural Resources shall report changes in
law within its jurisdiction that provide direct spending,
sufficient to reduce outlays as follows: $233,000,000 in
fiscal year 1995, $2,433,000,000 in fiscal year 1996,
$1,177,000,000 in fiscal year 1997, $1,190,000,000 in fiscal
year 1998, and $1,196,000,000 in fiscal year 1999, and
program changes in laws within its jurisdiction, sufficient
to result in a reduction of outlays as follows:
$1,089,000,000 in fiscal year 1995, $1,505,000,000 in fiscal
year 1996, $1,810,000,000 in fiscal year 1997, $2,125,000,000
in fiscal year 1998, and $2,440,000 in fiscal year 1999.
(m) Committee on Post Office and Civil Service shall report
changes in law within its jurisdiction that provide direct
spending, sufficient to reduce outlays as follows: $0 in
fiscal year 1995, $2,050,000,000 in fiscal year 1996,
$3,100,000,000 in fiscal year 1997, $3,150,000,000 in fiscal
year 1998, and $3,250,000,000 in fiscal year 1999, and
program changes in laws within its jurisdiction, sufficient
to result in a reduction of outlays as follows:
$1,751,000,000 in fiscal year 1995, $3,578,000,000 in fiscal
year 1996, $5,353,000 in fiscal year 1997, $7,198,000,000 in
fiscal year 1998, and $8,753,000,000 in fiscal year 1999.
(n) Committee on Public Works and Transportation shall
report changes in law within its jurisdiction that provide
direct spending, sufficient to increase outlays as follows:
$2,251,000,000 in fiscal year 1995, $2,490,000,000 in fiscal
year 1996, $2,782,000,000 in fiscal year 1997, $3,079,000,000
in fiscal year 1998, and $3,388,000,000 in fiscal year 1999,
and program changes in laws within its jurisdiction,
sufficient to result in a reduction of outlays as follows:
$6,660,000,000 in fiscal year 1995, $7,686,000,000 in fiscal
year 1996, $8,749,000,000 in fiscal year 1997, $9,742,000,000
in fiscal year 1998, and $10,638,000,000 in fiscal year 1999.
(o) Committee on Small Business shall report changes in law
within its jurisdiction that provide program changes,
sufficient to result in a reduction of outlays as follows:
$114,000,000 in fiscal year 1995, $182,000,000 in fiscal year
1996, $214,000,000 in fiscal year 1997, $238,000,000 in
fiscal year 1998, and $251,000,000 in fiscal year 1999.
(p) Committee on Veterans' Affairs shall report changes in
law within its jurisdiction that provide program changes,
sufficient to result in a reduction of outlays as follows: $0
in fiscal year 1995, $0 in fiscal year 1996, $0 in fiscal
year 1997, $0 in fiscal year 1998, and $327,000,000 in fiscal
year 1999.
(q)(1) Committee on Ways and Means shall report changes in
law within its jurisdiction that provide sufficient to reduce
outlays as follows: $5,219,000,000 in fiscal year 1995,
$15,451,000,000 in fiscal year 1996, $15,190,000,000 in
fiscal year 1997, $15,258,000,000 in fiscal year 1998, and
$14,818,000,000 in fiscal year 1999.
(2) Committee on Ways and Means shall report changes in law
within its jurisdiction sufficient to reduce revenues as
follows: $6,706,000,000 in fiscal year 1995, $21,012,000,000
in fiscal year 1996, $22,489,000,000 in fiscal year 1997,
$29,972,000,000 in fiscal year 1998, and $39,154,000,000 in
fiscal year 1999.
SEC. 5. SENSE OF COMMITTEE ON THE BUDGET ON SCORING HEALTH
REFORM.
It is the sense of the Committee on the Budget that all
financial transactions associated with the President's health
reform legislation or similar health reform legislation
relying on mandated payments to a Government entity be
treated as part of the Federal budget, including premium
payments by individuals and employees to health alliances
(which should be treated as receipts) and payments by health
alliances to providers (which should be treated as outlays),
for all purposes under the Congressional Budget Act of 1974.
SEC. 6. SENSE OF THE CONGRESS REGARDING RESERVE FUNDS FOR
EMERGENCIES.
It is the sense of Congress that--
(1) the emergency designation under section 251 of the
Balanced Budget and Emergency Deficit Control Act of 1985 has
repeatedly been invoked to circumvent the discretionary
spending limits for other than emergency purposes;
(2) amounts for emergencies should be set aside within a
reserve fund and subject to the discretionary spending limit;
(3) the reserve fund shall total 1 percent of annual
domestic discretionary budget authority; and
(4) emergency funding requirements in excess of amounts
held in the reserve fund should be offset by a reduction in
appropriations.
SEC. 7. SENSE OF THE CONGRESS REGARDING UNFUNDED MANDATES.
(a) It is the sense of Congress that legislation and
appropriate House and Senate rules amendments should be
adopted that--
(1) requires the Congressional Budget Office to estimate
the cost of unfunded Federal mandates in all legislation
before such legislation is considered by a full committee or
by the full House or Senate;
(2) prohibits consideration in the House or Senate of
legislation creating or expanding a Federal mandate that
increases the net cost to State and local governments of
complying with all Federal mandates (subject to a waiver by a
three-fifths majority);
(3) charges the Office of Information and Regulatory
Affairs in the Office of Management and Budget with
monitoring all unfunded Federal mandates and identifying
those mandates that should be repealed; and
(4) codifies the recommendations of the National
Performance Review for broad agency waiver authority and
bottom-up grant consolidation.
SEC. 8. SENSE OF THE CONGRESS REGARDING REGULATORY BUDGETING.
(a) Findings.--The Congress finds that the cost of
compliance with Federal regulations--
(1) constitutes a real, albeit an invisible, tax on
America's private and public sectors;
[[Page 263]]
(2) will cost the American private sector over
$600,000,000,000 in 1995; and
(3) will exceed 9 percent of the Nation's Gross Domestic
Product and annually cost the average household between
$6,565 and $8,869.
(b) Sense of Congress.--It is the sense of the Congress
that the Federal Government should adopt a regulatory budget
that encompasses the economic impact of Federal regulations
on the national economy. The ultimate goal of the regulatory
budget should be to limit the cost of private and public
compliance with Federal regulations to a fixed percentage of
the Nation's Gross Domestic Product.
SEC. 9. SENSE OF THE CONGRESS REGARDING BASELINES.
(a) Findings.--The Congress finds that--
(1) the baseline budget shows the likely course of Federal
revenues and spending if policies remain unchanged;
(2) baseline budgeting has given rise to the practice of
calculating policy changes from inflated spending levels; and
(3) the baseline concept has been misused to portray
policies that would simply slow down the increase in spending
as spending reductions.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) the President should submit a budget that compares
proposed spending levels for the budget year with the current
year; and
(2) the starting point for deliberations on a budget
resolution should be the current year.
SEC. 10. ADJUSTMENT OF PAY-AS-YOU-GO SCORECARD.
It is the sense of the Congress that upon enactment of a
reconciliation bill pursuant to section 4, the Director of
the Office of Management and Budget shall reduce the balances
of direct spending and receipts legislation applicable to
each fiscal year under section 252 of the Balanced Budget and
Emergency Deficit Control Act of 1985 by an amount equal to
the net change in the deficit achieved through the enactment
in that Act of direct spending and receipts legislation for
that year.
It was decided in the
Yeas
165
<3-line {>
negative
Nays
243
Para. 22.10 [Roll No. 55]
AYES--165
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Bateman
Bereuter
Bilirakis
Bliley
Blute
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Crapo
Cunningham
Deal
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fingerhut
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Houghton
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (FL)
Linder
Livingston
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Talent
Tauzin
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--243
Ackerman
Andrews (ME)
Andrews (NJ)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bentley
Berman
Bevill
Bilbray
Bishop
Blackwell
Boehlert
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford (MI)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gilman
Glickman
Gonzalez
Gordon
Green
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Horn
Hoyer
Huffington
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meek
Menendez
Mfume
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Richardson
Roemer
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Traficant
Tucker
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Washington
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--30
Abercrombie
Andrews (TX)
Barton
Brooks
Collins (IL)
Cox
Crane
Dooley
Fields (TX)
Ford (TN)
Gallo
Gibbons
Gutierrez
Hastings
Hayes
Kopetski
Lewis (CA)
Lightfoot
Lloyd
McMillan
Meehan
Miller (CA)
Natcher
Orton
Pelosi
Reynolds
Rostenkowski
Shaw
Slattery
Towns
So the amendment in the nature of a substitute was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. MOAKLEY, assumed the Chair.
When Mr. SERRANO, Chairman, pursuant to House Resolution 384, reported
the concurrent resolution back to the House.
The previous question having been ordered by said resolution.
The question being put, viva voce,
Will the House agree to said concurrent resolution?
The SPEAKER pro tempore, Mr. MOAKLEY, announced that the yeas had it.
Mr. KASICH demanded a recorded vote on agreeing to said concurrent
resolution, which demand was supported by one-fifth of a quorum, so a
recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
223
<3-line {>
affirmative
Nays
175
Para. 22.11 [Roll No. 56]
AYES--223
Ackerman
Andrews (ME)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Glickman
Gordon
Green
Hall (OH)
Hamburg
Hamilton
Harman
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kreidler
LaFalce
Lambert
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Long
Lowey
Maloney
Manton
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Menendez
Mfume
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
[[Page 264]]
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Peterson (FL)
Peterson (MN)
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Richardson
Roemer
Rose
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Washington
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOES--175
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Barrett (NE)
Bartlett
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cox
Crapo
Cunningham
DeFazio
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lancaster
Lazio
Leach
Levy
Lewis (FL)
Linder
Livingston
Machtley
Mann
Manzullo
Margolies-Mezvinsky
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
Meyers
Mica
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Paxon
Penny
Petri
Pickett
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shays
Shuster
Skeen
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Traficant
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--35
Abercrombie
Andrews (TX)
Ballenger
Barton
Brooks
Collins (IL)
Crane
Dooley
Fields (TX)
Ford (TN)
Gallo
Gibbons
Gonzalez
Gutierrez
Hastings
Hayes
Kopetski
Lewis (CA)
Lightfoot
Lloyd
McMillan
Meehan
Meek
Michel
Miller (CA)
Miller (FL)
Natcher
Orton
Pelosi
Reynolds
Rostenkowski
Shaw
Slattery
Smith (MI)
Towns
So the concurrent resolution was agreed to.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
Para. 22.12 federal workforce restructuring
On motion of Mr. CLAY, by unanimous consent, the bill (H.R. 3345) to
amend title 5, United States Code, to eliminate certain restrictions on
employee training; to provide temporary authority to agencies relating
to voluntary separation incentive payments, and for other purposes;
together with the amendments of the Senate to the amendment of the House
to the amendment of the Senate thereto, was taken from the Speaker's
table.
When on motion of Mr. CLAY, it was,
Resolved, That the House disagree to the amendments of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Ordered, That the Clerk notify the Senate thereof.
Para. 22.13 motion to instruct conferees--h.r. 3345
Mr. CASTLE moved that the managers on the part of the House at the
conference on the disagreeing votes of the two Houses on H.R. 3345, be
instructed to agree to the amendment of the Senate numbered 1, the Gramm
amendment creating the Violent Crime Reduction Trust Fund and providing
a conforming reduction in the discretionary spending limits.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. MOAKLEY, announced that the nays had it.
Mr. CASTLE demanded a recorded vote on agreeing to said motion, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
231
<3-line {>
affirmative
Nays
150
Para. 22.14 [Roll No. 57]
AYES--231
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Barca
Barcia
Barrett (NE)
Bartlett
Bateman
Bentley
Bereuter
Berman
Bevill
Bilbray
Bishop
Bliley
Blute
Boehlert
Bonilla
Brewster
Browder
Bryant
Bunning
Burton
Buyer
Calvert
Camp
Canady
Cantwell
Castle
Chapman
Clement
Clinger
Coble
Collins (GA)
Combest
Cooper
Costello
Cox
Cramer
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Emerson
Engel
English
Everett
Ewing
Fingerhut
Fish
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Glickman
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Harman
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kaptur
Kasich
Kennelly
Kim
King
Klein
Klug
Knollenberg
Kolbe
Kyl
Lambert
Lancaster
LaRocco
Lazio
Leach
Lehman
Levin
Levy
Lewis (FL)
Linder
Livingston
Lowey
Machtley
Maloney
Manzullo
McCandless
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
Meyers
Mica
Michel
Molinari
Mollohan
Montgomery
Moorhead
Neal (NC)
Nussle
Oxley
Packard
Pallone
Parker
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce (OH)
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Sangmeister
Santorum
Sarpalius
Saxton
Schaefer
Schenk
Schiff
Schumer
Sensenbrenner
Shepherd
Shuster
Skeen
Skelton
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Spence
Spratt
Stearns
Stenholm
Stump
Stupak
Talent
Tanner
Tauzin
Taylor (MS)
Thomas (CA)
Thomas (WY)
Torkildsen
Torricelli
Traficant
Valentine
Vucanovich
Walker
Walsh
Waxman
Weldon
Whitten
Wilson
Wise
Wyden
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--150
Ackerman
Andrews (ME)
Applegate
Bacchus (FL)
Baesler
Barlow
Barrett (WI)
Becerra
Beilenson
Blackwell
Bonior
Borski
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Byrne
Cardin
Carr
Clay
Clayton
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Coppersmith
Coyne
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Durbin
Edwards (CA)
Ehlers
Eshoo
Evans
Farr
Fawell
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford (MI)
Frank (MA)
Gephardt
Gilman
Gonzalez
Gordon
Hall (OH)
Hamburg
Hamilton
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Inslee
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kennedy
Kildee
Kleczka
Klink
Kreidler
Lantos
Laughlin
Lewis (GA)
Long
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McKinney
Meek
Menendez
Mfume
Mineta
Minge
Mink
Moakley
Moran
Morella
Murphy
Myers
Nadler
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Pastor
Payne (NJ)
Penny
Pickett
Price (NC)
[[Page 265]]
Rangel
Richardson
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Scott
Serrano
Sharp
Shays
Slaughter
Stark
Stokes
Strickland
Studds
Swett
Swift
Synar
Tejeda
Thompson
Thornton
Thurman
Torres
Tucker
Unsoeld
Upton
Velazquez
Vento
Visclosky
Volkmer
Washington
Waters
Wheat
Williams
Wolf
Woolsey
Wynn
Yates
NOT VOTING--52
Abercrombie
Andrews (TX)
Ballenger
Barton
Bilirakis
Boehner
Brooks
Callahan
Collins (IL)
Crane
Derrick
Dooley
Fields (TX)
Ford (TN)
Gallo
Gibbons
Green
Gutierrez
Hastings
Hayes
Johnson (GA)
Kingston
Kopetski
LaFalce
Lewis (CA)
Lightfoot
Lipinski
Lloyd
McMillan
McNulty
Meehan
Miller (CA)
Miller (FL)
Murtha
Natcher
Orton
Owens
Pelosi
Quillen
Reynolds
Rose
Rostenkowski
Rowland
Shaw
Sisisky
Skaggs
Slattery
Solomon
Sundquist
Taylor (NC)
Towns
Watt
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
Para. 22.15 appointment of conferees--h.r. 3345
Thereupon, the SPEAKER pro tempore, Mr. JOHNSON of South Dakota, by
unanimous consent, announced the appointment of the following Members as
manager on the part of the House at said conference:
From the Committee on Post Office and Civil Service for consideration
of the Senate amendments to the House amendment, and modifications
committed to conference: Mr. Clay, Mr. McCloskey, Ms. Norton, Mr. Myers
of Indiana, and Mrs. Morella.
From the Committee on the Judiciary, for consideration of Senate
amendment numbered 1 and modifications committed to conference: Messrs.
Brooks, Schumer, and Sensenbrenner.
From the Committee on Government Operations, for consideration of
Senate amendment numbered 1 and modifications committed to conference:
Messrs. Conyers, Towns, and Clinger.
From the Committee on Rules, for consideration of Senate amendment
numbered 1 and modifications committed to conference: Messrs. Derrick,
Beilenson, and Solomon.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 22.16 order of business--structured debates
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That in conferring recognition for structured debates on
certain Wednesdays, pursuant to the previous order of the House of
February 11, 1994, the Speaker may adhere to a format and sequence
mutually established by the Majority Leader and the Minority Leader or
their designees and depicted in a memorandum at the Speaker's desk and
at each manager's table.
Para. 22.17 adjournment over
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at
10:30 a.m. on Tuesday, March 15, 1994.
Para. 22.18 hour of meeting
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That when the House adjourns on Tuesday, March 15, 1994, it
adjourn to meet at 10 o'clock a.m. on Wednesday, March 16, 1994.
Para. 22.19 calendar wednesday business dispensed with
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, March
16, 1994, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
Para. 22.20 order of business--balanced budget amendment
On motion of Mr. STENHOLM, by unanimous consent,
Ordered, That business in order pursuant to clause 3 of rule XXVII on
Monday, March 14, 1994, be dispensed with, and that it be in order on
Wednesday, March 16, 1994, for Mr. Stenholm, or his designee, to call up
House Resolution 331 for consideration under the same terms as if
discharged from the Committee on Rules pursuant to clause 3 of rule
XXVII; and
Ordered further, That the period of general debate provided for in
House Resolution 331 be reduced to six hours, to be equally divided and
controlled by Mr. Brooks, Mr. Fish, and Mr. Stenholm, or their
designees.
Para. 22.21 national public safety telecommunicators week
On motion of Mr. WYNN, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the joint resolution of the Senate (S.J. Res. 56) to designate the week
beginning April 12, 1993, as ``National Public Safety Telecommunicators
Week''.
When said joint resolution was considered and read twice.
Mr. WYNN submitted the following amendment which was agreed to:
Page 2, line 3, strike ``April 12, 1993,'' and insert
``April 11, 1994,''
The joint resolution, as amended, was ordered to be read a third time,
was read a third time by title, and passed.
By unanimous consent, the title was amended so as to read: ``Joint
resolution to designate the week beginning April 11, 1994, as `National
Public Safety Telecommunicators Week'.''.
A motion to reconsider the votes whereby said joint resolution was
passed and the title was amended was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendments.
Para. 22.22 classical music month
On motion of Mr. WYNN, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the joint resolution (H.J. Res. 239) to authorize the President to
proclaim September 1994 as `` Classical Music Month''.
When said joint resolution was considered, read twice, ordered to be
engrossed and read a third time, was read a third time by title, and
passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
Para. 22.23 parents day
On motion of Mr. WYNN, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the folowing resolution (H. Res. 236):
Whereas the values of sacrificial love and integrity are
fundamental in developing the moral character essential to
maintaining a strong Nation;
Whereas parents by their example of sacrificial love and
the transmission of moral and cultural values play a crucial
and determinant role in the development of youth;
Whereas time has demonstrated that the traditional American
family is the most stable and secure environment in which
parents can successfully rear future generations;
Whereas the current breakdown of the traditional American
family is a major factor contributing to the rise of crime,
teen pregnancy, educational failure, substance abuse, and
suicide among our Nation's youth; and
Whereas it is in the interest of society and government to
adopt policies, that help families stay together by
strengthening and sustaining fathers and mothers in
fulfilling their parental roles: Now, therefore, be it
Resolved, That on Parents Day, July 28, 1994, all private
citizens, organizations and governmental and legislative
bodies at the local, State and Federal level are encouraged
to recognize this day through proclamations, activities and
educational efforts in the furtherance of recognizing,
uplifting and supporting the role of parents in the rearing
of their children.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 22.24 greek independence day
On motion of Mr. WYNN, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the joint resolution of the Senate (S.J. Res. 162) designating March 25,
1994, as ``Greek Independence Day: A National Day of Celebration of
Greek and American Democracy''.
When said joint resolution was considered, read twice, ordered to be
read
[[Page 266]]
a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 22.25 national agriculture day
On motion of Mr. WYNN, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the joint resolution of the Senate (S.J. Res. 163) to proclaim March 20,
1994, as ``National Agriculture Day''.
When said joint resolution was considered, read twice, ordered to be
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 22.26 congressional award board
The SPEAKER pro tempore, Mr. JOHNSON of South Dakota, laid before the
House a communication, which was read as follows:
House of Representatives,
Washington, DC, March 11, 1994.
Hon. Thomas Foley,
Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to Section 4 of the
Congressional Award Act (2 U.S.C. 803), I hereby appoint Mr.
Thomas D. Campbell of Alexandria, Virginia to serve as a
member of the Congressional Award Board.
Sincerely,
Robert H. Michel,
Republican Leader.
Para. 22.27 appointment of additional conferees--h.r. 1804
The SPEAKER pro tempore, Mr. JOHNSON of South Dakota, by unanimous
consent and pursuant to clause 6(f) of rule X, announced the appointment
of the following Members as additional conferees on the part of the
House to the conference with the Senate on the disagreeing votes of the
two Houses on the amendment of the House to the amendment of the Senate
to the bill (H.R. 1804) to improve learning and teaching by providing a
national framework for education reform; to promote the research,
consensus building, and systemic changes needed to ensure equitable
educational achievement for all American students; to provide a
framework for reauthorization of all Federal education programs; to
promote the development and adoption of a voluntary national system of
skill standards and certifications; and for other purposes:
As additional conferees from the Committee on Energy and Commerce, for
consideration of title XII of the Senate amendment, and modifications
committed to conference: Messrs. Dingell, Waxman, Synar, Moorhead, and
Bliley.
As additional conferees from the Committee on Foreign Affairs, for
consideration of section 921 of the Senate amendment, and modifications
committed to conference: Messrs. Hamilton, Berman, Lantos, Gilman, and
Ms. Snowe.
The SPEAKER pro tempore, Mr. JOHNSON of South Dakota, by unanimous
consent, inserted in the Congressional Record the following correction
of the previous appointment of conferees made on February 23, 1994:
Further, and without objection, the Chair will insert into the
Congressional Record a correction in the previous appointment of
conferees on H.R. 1804 on February 23, 1994:
From the Committee on Education and Labor, for consideration of the
House amendment (except title II) to the Senate amendment, and the
Senate amendment (except sections 901-14), and modifications committed
to conference: Messrs. Ford of Michigan, Kildee, Miller of California,
Sawyer, and Owens, Mrs. Unsoeld, Mr. Reed and Mr. Roemer, Mrs. Mink of
Hawaii, Messrs. Engel, Becerra, and Gene Green of Texas, Ms. Woolsey,
Ms. English of Arizona, Messrs. Strickland, Payne of New Jersey, Romero-
Barcelo, Goodling, Gunderson, McKeon, and Petri, Ms. Molinari, Mr.
Cunningham, Mr. Miller of Florida, Mrs. Roukema, and Mr. Boehner.
From the Committee on Education and Labor, for consideration of title
II of the House amendment to the Senate amendment, and sections 901-14
of the Senate amendment, and modifications committed to conference:
Messrs. Ford of Michigan, Owens, Payne of New Jersey, Scott, Sawyer,
Goodling, Ballenger, Barrett of Nebraska, and Fawell.
Ordered, That the Clerk notify the Senate of the foregoing additional
appointments and corrections.
Para. 22.28 senate bill and joint resolutions referred
A bill and joint resolutions of the Senate of the following titles
were taken from the Speaker's table and, under the rule, referred as
follows:
S. 282. An Act to provide Federal recognition of the Mowa
Band of Choctaw Indians of Alabama; to the Committee on
Energy and Natural Resources.
S.J. Res. 150. Joint resolution to designate the week of
May 2 through May 8, 1994, as ``Public Service Recognition
Week''; to the Committee on Post Office and Civil Service.
S.J. Res. 151. Joint resolution designating the week of
April 10 through 16, 1994, as ``Primary Immune Deficiency
Awareness Week''; to the Committee on Post Office and Civil
Service.
S.J. Res. 162. Joint resolution designating March 25, 1994,
as ``Greek Independence Day: A National Day of Celebration of
Greek and American Democracy''; to the Committee on Post
Office and Civil Service.
S.J. Res. 163. Joint resolution to proclaim March 20, 1994,
as ``National Agriculture Day''; to the Committee on Post
Office and Civil Service.
Para. 22.29 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. McNULTY, for today after 2 p.m.;
To Mr. MEEHAN, for today;
To Mr. LIGHTFOOT, for today; and
To Mr. FIELDS of Texas, for today.
And then,
Para. 22.30 adjournment
On motion of Mr. GONZALEZ, pursuant to the special order of the House
heretofore agreed to, at 5 o'clock and 3 minutes p.m., the House
adjourned until 10:30 a.m., Tuesday, March 15, 1994.
Para. 22.31 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. ROWLAND (for himself, Mr. Montgomery, Mr. Stump,
and Mr. Smith of New Jersey):
H.R. 4013. A bill to amend title 38, United States Code, to
provide the Secretary of Veterans Affairs with necessary
flexibility in staffing the Veterans Health Administration,
to authorize the Secretary to establish pilot programs for
health care delivery, and for other purposes; to the
Committee on Veterans' Affairs.
By Mr. BARLOW:
H.R. 4014. A bill to amend the Flood Control Act of 1968 to
prohibit the imposition of certain fees for use of developed
recreation sites and facilities; jointly, to the Committees
on Public Works and Transportation and Natural Resources.
By Mr. BEILENSON (for himself, Mr. Berman, Mr. Becerra,
Mr. Filner, Ms. Roybal-Allard, Mr. Farr, Ms. Schenk,
Mr. Dellums, Mr. Dixon, Mr. Pastor, and Ms.
Velazquez):
H.R. 4015. A bill to provide for enhanced enforcement of
the immigration laws; to the Committee on the Judiciary.
By Mr. CRANE:
H.R. 4016. A bill to suspend temporarily the duty on
octadecyl isocyanate; to the Committee on Ways and Means.
By Mr. EDWARDS of California:
H.R. 4017. A bill to amend title 28, United States Code, to
prevent racially discriminatory capital sentencing; to the
Committee on the Judiciary.
H.R. 4018. A bill to revise habeas corpus proceedings; to
the Committee on the Judiciary.
By Mr. HINCHEY:
H.R. 4019. A bill to amend the Internal Revenue Code of
1986 to permit certain severance payments to be included in
income over a 4-year period; to the Committee on Ways and
Means.
By Mr. HOEKSTRA:
H.R. 4020. A bill to suspend temporarily the duty on ACM;
to the Committee on Ways and Means.
H.R. 4021. A bill to suspend temporarily the duty on
amitraz; to the Committee on Ways and Means.
By Mrs. KENNELLY (for herself, Ms. DeLauro, Mr.
Gejdenson, Mrs. Johnson of Connecticut, Mr. Shays,
and Mr. Franks of Connecticut):
H.R. 4022. A bill to suspend temporarily the duty on the
personal effects of participants in, and certain other
individuals associated with, the 1995 Special Olympics World
Games; to the Committee on Ways and Means.
By Mr. PORTMAN (for himself and Mr. Smith of New
Jersey):
H.R. 4023. A bill to extend until June 30, 1995, the
temporary suspension of duties on self-folding telescopic
shaft collapsible um-
[[Page 267]]
brellas; to the Committee on Ways and Means.
By Mr. SANDERS (for himself, Mr. Dellums, Ms. Eddie
Bernice Johnson of Texas, Ms. Pelosi, Mr. Peterson of
Minnesota, Ms. Velazquez, Mr. Beilenson, Mr. Owens,
Mr. Hochbrueckner, Mr. Scott, Mr. Pastor, and Mr.
McHale):
H.R. 4024. A bill to establish a national program of
trained community health advisors to assist the States in
attaining the Healthy People 2000 objectives; to the
Committee on Energy and Commerce.
By Mr. SCOTT (for himself, Mr. Owens, Mr. Clay, Mr.
Payne of New Jersey, Mr. Jefferson, Mr. Dellums, Mr.
Watt, Mr. Williams, Mr. Kildee, Mr. Sisisky, Mr.
Clyburn, Mr. Mfume, Mr. Reynolds, Mr. Hobson, Mr.
Wheat, Mr. Parker, Mr. Ford of Tennessee, Mr. Frost,
Mr. Neal of North Carolina, Mr. Thornton, Mr. Rangel,
Ms. Brown of Florida, Mr. Stokes, Mr. Baesler, Mr.
Lewis of Georgia, Mr. Dixon, Mrs. Meek of Florida,
Ms. Waters, Mrs. Clayton, Mr. Hilliard, Ms. McKinney,
Ms. Norton, Mr. Flake, Mr. Wynn, Mr. Miller of
California, Mr. Thompson, Mr. Rahall, Mr. Richardson,
Mr. Ford of Michigan, and Mr. Pickle):
H.R. 4025. A bill to amend the Higher Education Act of 1965
to extend the cohort default rate exemption for historically
Black colleges, tribally controlled community colleges, and
Navajo community colleges; to the Committee on Education and
Labor.
By Mr. DIXON:
H.R. 4026. A bill to amend the Small Business Act to
authorize appropriations for deferred participation loans to
small business concerns detrimentally affected by defense
reductions, and for other purposes; to the Committee on Small
Business.
By Mr. DREIER (for himself, Mr. Evans, Mr. Calvert, Mr.
Cox, Mr. Baker of California, Mr. Dornan, Mr.
Rohrabacher, Mr. Moorhead, and Mr. McKeon):
H.R. 4027. A bill to amend the Internal Revenue Code of
1986 to allow penalty-free withdrawals from certain
retirement plans for the repair or replacement of certain
property damaged in a Presidentially declared disaster; to
the Committee on Ways and Means.
By Mr. HOAGLAND (for himself, Mr. Porter, Mr. Brewster,
and Mr. Thomas):
H.R. 4028. A bill to empower the Department of Health and
Human Services to issue advisory opinions on whether certain
arrangements for the delivery of health care services and
supplies are in compliance with statutes and rules
establishing acceptable health care billing and payment
practices and with statutes and rules defining health care
fraud and abuse; jointly, to the Committees on Ways and Means
and Energy and Commerce.
By Mr. WISE (for himself, Mr. Price of North Carolina,
Mr. Pomeroy, Ms. Furse, Ms. Byrne, and Ms. Eshoo):
H.J. Res. 336. Joint resolution proposing an amendment to
the Constitution to provide for a balanced budget for the
U.S. Government; to the Committee on the Judiciary.
By Mr. ROSE:
H. Con. Res. 222. Concurrent resolution authorizing the
placement of a bust of Raoul Wallenberg in the Capitol; to
the Committee on House Administration.
Para. 22.32 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
310. By the SPEAKER: Memorial of the Senate of the State of
California, relative to the closure of the Old Mint; to the
Committee on Banking, Finance and Urban Affairs.
311. Also, memorial of the Senate of the State of
California, relative to disabled veterans; to the Committee
on Government Operations.
312. Also, memorial of the General Assembly of the State of
New Jersey, relative to the adoption of Senate Joint
Resolution 41, a balanced budget amendment to the U.S.
Constitution; to the Committee on the Judiciary.
Para. 22.33 private bills and resolutions
Under clause 1 of rule XXII,
Mr. HOCHBRUECKNER introduced a bill (H.R. 4029) to
authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Aliento;
which was referred to the Committee on Merchant Marine and
Fisheries.
Para. 22.34 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 40: Mr. Dellums, Miss Collins of Michigan, Mr. Owens,
Mr. Flake, Mrs. Collins of Illinois, Mr. Abercrombie, Mr.
Jefferson, Mr. Stokes, Mr. Wheat, Mr. Towns, Mr. Hilliard,
and Mr. Lantos.
H.R. 56: Mr. Hall of Texas and Mr. Taylor of Mississippi.
H.R. 291: Mr. Inslee and Mr. Ravenel.
H.R. 439: Mr. Camp and Mr. Cooper.
H.R. 642: Mr. McInnis.
H.R. 657: Mr. Franks of New Jersey.
H.R. 688: Mr. Hoke.
H.R. 794: Mr. Smith of Oregon, Mrs. Kennelly, and Mr. Reed.
H.R. 1048: Mr. Valentine and Ms. Shepherd.
H.R. 1080: Mr. Hoke.
H.R. 1164: Mr. Bilbray and Mr. Matsui.
H.R. 1234: Mr. Sundquist.
H.R. 1314: Ms. Shepherd.
H.R. 1457: Mrs. Byrne.
H.R. 1500: Mr. Kreidler.
H.R. 1517: Mr. Owens.
H.R. 1627: Mr. Jacobs.
H.R. 1677: Mr. Hinchey and Ms. Waters.
H.R. 1712: Mr. Castle and Mr. Archer.
H.R. 1897: Mr. Young of Florida.
H.R. 1910: Mr. Moran, Mr. Hutchinson, and Mr. Bachus of
Alabama.
H.R. 1961: Mr. Gene Green of Texas and Ms. Molinari.
H.R. 2147: Ms. Velazquez and Mr. Torricelli.
H.R. 2326: Mr. Carr, Ms. Norton, Mr. Saxton, Mr. Duncan,
Mr. Klein, Mr. Clement, Mr. Swift, and Mr. Tucker.
H.R. 2588: Mr. Dellums.
H.R. 2623: Mr. Bishop, Mr. Dicks, and Ms. Long.
H.R. 2767: Mr. Parker.
H.R. 2886: Mr. Hefley, Mr. Coyne, Mr. Andrews of New
Jersey, Mr. DeLay, Mr. Stump, Mr. Cunningham, Mr. Cox, Mr.
Barrett of Nebraska, Mr. Schaefer, Mrs. Meyers of Kansas, and
Mr. Bereuter.
H.R. 3105: Mr. Castle.
H.R. 3227: Mr. Gordon, Mr. Gingrich, Mr. Darden, Mr.
Bliley, Mr. Neal of North Carolina, Mr. Bacchus of Florida,
Mr. Wilson, Mr. Barlow, Mr. Quillen, and Mr. Callahan.
H.R. 3228: Mrs. Thurman.
H.R. 3247: Mr. Wise, Mr. Kasich, Mr. Nadler, Mr. Frank of
Massachusetts, Mr. Peterson of Minnesota, Mrs. Morella, Ms.
Eddie Bernice Johnson of Texas, Mr. Foglietta, Mr. Johnston
of Florida, Mr. Applegate, Ms. Roybal-Allard, and Ms. Furse.
H.R. 3251: Mr. Doolittle, Mr. Dornan, Mr. Hutto, Mr.
Goodlatte, Mr. Mann, Mr. DeLay, Mr. Kim, and Mr. Solomon.
H.R. 3272: Mr. Diaz-Balart and Mrs. Meek of Florida.
H.R. 3328: Mr. Bachus of Alabama.
H.R. 3392: Mr. Herger and Mr. Lewis of Florida.
H.R. 3458: Mr. Dornan, Mr. Boehner, and Mr. Schiff.
H.R. 3472: Mr. Bilirakis.
H.R. 3513: Mr. Kildee.
H.R. 3523: Mr. Fish, Mr. Hoke, Mr. Talent, Mr. Calvert, and
Mr. Herger.
H.R. 3622: Mr. Packard.
H.R. 3656: Mr. Rangel, Mr. Abercrombie, Mr. Foglietta, and
Mr. Baker of California.
H.R. 3705: Mr. Duncan, Mr. Gordon, Mr. Neal of North
Carolina, and Mr. Clement.
H.R. 3790: Mr. Parker.
H.R. 3814: Mr. Fowler, Mr. Baker of Louisiana, Mr. Upton,
Mr. Castle, and Mr. Archer.
H.R. 3912: Mr. Gene Green of Texas.
H.R. 3951: Mr. Clyburn and Mr. Santorum.
H.R. 3958: Mr. Allard.
H.R. 3969: Mr. Smith of Texas, Mr. Tauzin, Mr. Hutchinson,
Mr. Barrett of Nebraska, Ms. Lambert, Mr. Dickey, Mr.
Bateman, Mr. Hancock, Mr. Castle, and Mr. Walker.
H.R. 3982: Mr. Fields of Texas.
H.R. 3986: Mr. Gunderson, Mr. Gilman, Mr. Kyl, Mr.
McMillan, and Mr. Goss.
H.J. Res. 276: Mr. Machtley, Mr. Quillen, Ms. Pelosi, Mr.
Brown of Ohio, Mr. Wolf, Mr. Markey, Mr. Hochbrueckner, Mr.
Mann, Mr. Cramer, Mr. Hoyer, Mr. Kasich, Mr. Dellums, Mr.
Faleomavaega, Mr. Wilson, and Mr. Volkmer.
H.J. Res. 303: Mr. Torricelli, Mr. Applegate, Mr. Gilman,
Mr. Bateman, and Mr. Torres.
H.J. Res. 310: Mr. Roemer, Mr. Smith of New Jersey, Ms.
Kaptur, Mr. Spence, Mr. Greenwood, Mr. Murphy, Mr. Packard,
Mr. Carr, Mr. Costello, Mr. Callahan, and Mr. Reed.
H.J. Res. 317: Mr. Gingrich, Mr. Thomas of Wyoming, Mr.
Ballenger, Mr. Sanders, Mr. Markey, Ms. Norton, Mr. Castle,
Mr. Murtha, Mr. Hinchey, Ms. Brown of Florida, Mr. Murphy,
Mr. Smith of Iowa, Mr. Kildee, Mr. Hoyer, Mr. Goodlatte, Mr.
Livingston, Mr. Manton, Mr. Klein, Mr. Vento, Mr. Meehan, Mr.
Washington, Mr. Carr, Mr. Skelton, Mr. Inhofe, Mr. Matsui,
Ms. Roybal-Allard, and Ms. Long.
H. Con. Res. 35: Mr. Gutierrez, Mr. LaRocco, Mr.
Coppersmith, and Mr. Underwood.
H. Con. Res. 126: Mrs. Fowler.
H. Con. Res. 141: Mr. Gingrich.
H. Con. Res. 156: Mr. Sarpalius.
H. Con. Res. 177: Mr. Manzullo, Mr. Owens, Ms. Roybal-
Allard, Mr. Pallone, Mr. Frost, Mr. Deutsch, Mr.
Faleomavaega, and Mr. Grams.
H. Con. Res. 210: Mr. Kennedy, Mr. Ackerman, Mr. Engel, Mr.
Shays, Mr. Machtley, and Mr. Diaz-Balart.
H. Res. 238: Mr. Smith of Texas.
H. Res. 363: Mr. Boehner, Mr. Gekas, Mr. DeLay, and Mr.
Hancock.
H. Res. 372: Mr. Kreidler, Mr. Slattery, Mr. Towns, Mr.
Foglietta, and Mr. Castle.
H. Res. 377: Mr. Miller of Florida.
Para. 22.35 petitions, etc.
Under clause 1 of rule XXII.
78. The SPEAKER presented a petition of the city of
Schenectady, NY, relative to the enactment of comprehensive
mandate relief legislation; which was referred to the
Committee on Government Operations.
.
TUESDAY, MARCH 15, 1994 (23)
The House was called to order by the SPEAKER at 10:30 a.m., when,
pursuant to the order of the House of Friday,
[[Page 268]]
February 11, 1994, Members were recognized for ``morning hour'' debates.
Para. 23.1 recess--11:00 a.m.
The SPEAKER pro tempore, Mr. JOHNSON of Georgia, pursuant to clause 12
of rule I, declared the House in recess until 12 o'clock noon.
Para. 23.2 after recess--12:00 noon
The SPEAKER called the House to order.
Para. 23.3 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Friday, March 11, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 23.4 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2759. A letter from the Department of Defense, transmitting
notification that the report pursuant to section 376 of the
fiscal year 1994 Defense Authorization Act will be submitted
on or about April 30, 1994; to the Committee on Armed
Services.
2760. A letter from the Chairman, National Credit Union
Administration, transmitting the 1993 annual report of the
National Credit Union Administration, pursuant to 12 U.S.C.
1752a(d); to the Committee on Banking, Finance and Urban
Affairs.
2761. A letter from the Secretary, Department of Health and
Human Services, transmitting the annual report regarding the
types of projects and activities funded under the Drug Abuse
Prevention Program for runaway and homeless youth, pursuant
to 42 U.S.C. 11822; to the Committee on Education and Labor.
2762. A letter from the Secretary of Health and Human
Services, transmitting a compilation and analysis of State
activities in implementing the fifth year of the Child Abuse
and Neglect Prevention Challenge Grant Program, pursuant to
42 U.S.C. 5116a(1), 5116g; to the Committee on Education and
Labor.
2763. A letter from the Secretary of Health and Human
Services, transmitting a report on progress made in
implementing the nursing facility staffing requirements,
pursuant to 42 U.S.C. 1396r note; to the Committee on Energy
and Commerce.
2764. A letter from the Secretary of Health and Human
Services, transmitting a report on the prospective drug
utilization review demonstration projects, pursuant to Public
Law 101-508, section 4401(c)(1)(D) (104 Stat. 1388-159); to
the Committee on Energy and Commerce.
2765. A letter from the Secretary of Health and Human
Services, transmitting a report entitled ``Progress Through
Partnerships: Office of Minority Health's Report to
Congress,'' pursuant to Public Law 101-527, section 2 (104
Stat. 2313); to the Committee on Energy and Commerce.
2766. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on Foreign Affairs.
2767. A letter from the Comptroller General of the United
States, transmitting a report entitled ``Addressing the
Deficit: Budgetary Implications of Selected GAO Work''; to
the Committee on Government Operations.
2768. A letter from the Chairman, National Transportation
Safety Board, transmitting a copy of the annual report in
compliance with the Government in the Sunshine Act during the
calendar year 1993, pursuant to 5 U.S.C. 552b(j); to the
Committee on Government Operations.
2769. A letter from the Solicitor, U.S. Commission on Civil
Rights, transmitting a copy of the annual report in
compliance with the Government in the Sunshine Act during the
calendar year 1993, pursuant to 5 U.S.C. 552b(j); to the
Committee on Government Operations.
2770. A letter from the Director, Federal Bureau of
Prisons, transmitting the Federal Bureau of Prisons' annual
report on functional literacy requirement for all individuals
in Federal correctional institutions, pursuant to Public Law
101-647, section 2904 (104 Stat. 4914); to the Committee on
the Judiciary.
2771. A letter from the Secretary, Naval Sea Cadet Corps,
transmitting the annual audit report of the corps for the
year ended December 31, 1993, pursuant to 36 U.S.C. 1101(39),
1103; to the Committee on the Judiciary.
2772. A letter from the Deputy Administrator, General
Services Administration, transmitting an informational copy
of the report of building project survey for Springfield, IL,
pursuant to 40 U.S.C. 606(a); to the Committee on Public
Works and Transportation.
2773. A letter from the Secretary of Energy, transmitting
the annual determination regarding the viability of the
domestic uranium mining and milling industries for calendar
years 1983 through 1992, pursuant to 42 U.S.C. 2210b(a);
jointly, to the Committees on Natural Resources and Energy
and Commerce.
2774. A letter from the Secretary of Transportation,
transmitting a draft of proposed legislation entitled ``Coast
Guard Authorization Act of 1994,'' pursuant to 31 U.S.C.
1110; jointly, to the Committees on Merchant Marine and
Fisheries, the Judiciary, Public Works and Transportation,
Ways and Means, and Armed Services.
Para. 23.5 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed a bill of the following title, in which the
concurrence of the House is requested:
S. 1926. An Act to amend the Food Stamp Act of 1977 to
modify the requirements relating to monthly reporting and
staggered issuance of coupons for households residing on
Indian reservations, to ensure adequate access to retail food
stores by food stamp households, and to maintain the
integrity of the food stamp program, and for other purposes.
Para. 23.6 martin luther king, jr. federal holiday commission
Mr. SAWYER moved to suspend the rules and pass the bill (H.R. 1933) to
authorize appropriations for the Martin Luther King, Jr. Federal Holiday
Commission, extend such Commission, establish a National Service Day to
promote community service, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. SAWYER and Mr.
PETRI, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
authorize appropriations for the Martin Luther King, Jr. Federal Holiday
Commission, to extend such Commission, and to support the planning and
performance of national service opportunities in conjunction with the
Federal legal holiday honoring the birthday of Martin Luther King,
Jr.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 23.7 committee funding
Mr. FROST, by direction of the Committee on House Administration,
reported (Rept. No. 103-433) the privileged resolution (H. Res. 369)
providing amounts from the contingent fund of the House for the expenses
of investigations and studies by certain committees of the House in the
second session of the One Hundred Third Congress.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 23.8 committee funding
Mr. FROST, by direction of the Committee on House Administration,
reported (Rept. No. 103-434) the privileged resolution (H. Res. 387)
providing amounts from the contingent fund of the House for continuing
expenses of investigations and studies by certain committees of the
House from April 1, 1994, through May 31, 1994.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 23.9 rio grande designation
Mr. VENTO moved to suspend the rules and pass the bill of the Senate
(S. 375) to amend the Wild and Scenic Rivers Act by designating a
segment of the Rio Grande in New Mexico as a component of the National
Wild and Scenic Rivers System, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, recognized Mr. VENTO
and Mr. HANSEN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
[[Page 269]]
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
Para. 23.10 farmington wild and scenic river
Mr. VENTO moved to suspend the rules and pass the bill (H.R. 2815) to
designate a portion of the Farmington River in Connecticut as a
component of the National Wild and Scenic Rivers System; as amended.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, recognized Mr. VENTO
and Mr. HANSEN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 23.11 subpoena
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, laid before the
House a communication, which was read as follows:
Washington, DC, March 9, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to notify you formally pursuant
to Rule L (50) of the Rules of the House that the Office of
Finance has been served with a subpoena issued by the United
States District Court for the District of Columbia.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoena is
consistent with the privileges and precedents of the House.
Sincerely,
Randall B. Medlock,
Acting Director.
And then,
Para. 23.12 adjournment
On motion of Mr. GONZALEZ, pursuant to the special order agreed to on
Friday, March 11, 1994, at 1 o'clock and 51 minutes p.m., the House
adjourned until 10 o'clock a.m. on Wednesday, March 16, 1994.
Para. 23.13 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. FROST: Committee on House Administration, House
Resolution 369. Resolution providing amounts from the
contingent fund of the House for the expenses of
investigations and studies by certain committees of the House
in the 2d session of the 103d Congress; with an amendment
(Rept. No. 103-433). Referred to the House Calendar.
Mr. FROST: Committee on House Administration. House
Resolution 387. Resolution providing amounts from the
contingent fund of the House for continuing expenses of
investigations and studies by certain committees of the House
from April 1, 1994, through May 31, 1994. (Rept. No. 103-
434). Referred to the House Calendar.
Para. 23.14 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. SCHUMER:
H.R. 4030. A bill to assist victims of crime; jointly, to
the Committees on the Judiciary and Energy and Commerce.
H.R. 4031. A bill to provide for the prosecution as adults
of juveniles 13 years old or older for certain crimes of
violence; to the Committee on the Judiciary.
H.R. 4032. A bill to provide the penalty of death for
certain crimes; to the Committee on the Judiciary.
H.R. 4033. A bill to assist in the prevention of crime by
initiating a comprehensive community justice program;
jointly, to the Committees on the Judiciary; Education and
Labor; Energy and Commerce; Banking, Finance and Urban
Affairs; and Government Operations.
By Mr. MILLER of California (for himself, Mr. Vento,
Mr. Lewis of Georgia, Mr. Martinez, Mr. Hinchey, Mr.
Gejdenson, Mr. de Lugo, Mr. Lehman, Mr. Faleomavaega,
Ms. Shepherd, Ms. McKinney, and Mr. Johnson of South
Dakota):
H.R. 4034. A bill to amend the Urban Park and Recreation
Recovery Act of 1978 to authorize grants for the expansion of
recreation opportunities for at risk youth in urban areas
with a high prevalence of crime, and for other purposes; to
the Committee on Natural Resources.
By Mr. EDWARDS of California (for himself and Mr.
Schumer):
H.R. 4035. A bill to establish constitutional procedures
for the imposition of the death penalty; to the Committee on
the Judiciary.
By Mr. KING (for himself and Mr. Levy):
H.R. 4036. A bill to authorize the Secretary of Housing and
Urban Development to make organizations controlled by
individuals who promote prejudice or bias based on race,
religion, or ethnicity ineligible for assistance under
programs administered by the Secretary, and for other
purposes; to the Committee on Banking, Finance and Urban
Affairs.
By Mr. RAHALL (for himself, Mr. Mineta, Mr. Shuster,
and Mr. Petri) all by request:
H.R. 4037. A bill to amend title 23, United States Code, to
provide for designation of the National Highway System, and
for other purposes; to the Committee on Public Works and
Transportation.
By Mr. ZIMMER:
H.R. 4038. A bill to direct the Director of the U.S. Fish
and Wildlife Service to conduct a study of the feasibility of
establishing a national angler's license; to the Committee on
Merchant Marine and Fisheries.
By Mr. PETRI:
H.J. Res. 337. Joint resolution to designate the month of
September 1994 as ``National Sewing Month''; to the Committee
on Post Office and Civil Service.
Para. 23.15 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 786: Mr. Hutchinson.
H.R. 916: Ms. Velazquez.
H.R. 1012: Mr. Reynolds and Mr. Hutto.
H.R. 1497: Ms. Velazquez.
H.R. 2448: Mr. Lewis of Georgia.
H.R. 2599: Mr. Roberts.
H.R. 2721: Mr. Borski, Mr. Peterson of Minnesota, Mr.
Dicks, and Mr. Kreidler.
H.R. 3205: Mrs. Thurman.
H.R. 3333: Mr. Talent.
H.R. 3508: Mr. Sabo.
H.R. 3527: Ms. Slaughter and Ms. Velazquez.
H.R. 3660: Mr. Neal of North Carolina, Mr. Duncan, Mr.
Volkmer, and Mr. Calvert.
H.R. 3663: Mrs. Schroeder and Mr. Kennedy.
H.R. 3685: Mr. Gingrich.
H.R. 3725: Mr. Zeliff, Mr. Crane, Mr. Hancock, Mr. Boehner,
Mr. Baker of Louisiana, Mr. Royce, Mr. Gingrich, and Mr.
Rohrabacher.
H.R. 3771: Mr. Ackerman.
H.R. 3866: Mr. Hinchey, Mr. Moakley, Mr. Owens, Mrs.
Unsoeld, Mr. Matsui, Ms. Velazquez, Mr. Holden, Ms. Snowe,
Mr. Conyers, Mr. Penny, and Mr. Borski.
H.R. 3900: Mr. Evans, Mr. Kildee, Mr. Murtha, and Mr.
Upton.
H.R. 3940: Mr. Ramstad.
H.R. 3981: Mr. Pomeroy and Ms. Shepherd.
H.R. 3990: Mr. Ackerman, Mr. Rangel, and Ms. Velazquez.
H.R. 4013: Mr. Bishop and Mr. Kreidler.
H.R. 4015: Mr. Inslee.
H.J. Res. 61: Mr. Istook.
H.J. Res. 209: Mr. Franks of Connecticut.
H.J. Res. 302: Ms. Margolies-Mezvinsky, Mr. Pallone, Mr.
Shays, Mrs. Meyers of Kansas, Mr. Levy, Mr. Horn, Mr. Tucker,
and Mr. Kildee.
H.J. Res. 326: Mr. Dellums, Mr. Rangel, and Ms. Eddie
Bernice Johnson of Texas.
H. Con. Res. 199: Mr. Levin, Ms. Schenk, Mr. Cox, Mr.
Kennedy, Mr. Stokes, Mrs. Roukema, and Mr. Berman.
H. Res. 362: Mr. Wilson.
H. Res. 377: Mr. Dreier.
Para. 23.16 petitions, etc.
Under clause 1 of rule XXII,
79. The SPEAKER presented a petition of the city of
Clearwater, FL, relative to unfunded mandates upon local
governments; which was referred to the Committee on
Government Operations.
.
WEDNESDAY, MARCH 16, 1994 (24)
The House was called to order by the SPEAKER.
Para. 24.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Tuesday, March 15, 1994.
Mr. DARDEN, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Mr. DARDEN objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER, pursuant to clause 5, rule I, announced that the vote
would be postponed until later today.
[[Page 270]]
The point of no quorum was considered as withdrawn.
Para. 24.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2775. A communication from the President of the United
States, transmitting amendments to the fiscal year 1995
budget that would implement savings from reform of the
Federal procurement system, pursuant to 31 U.S.C. 1107 (H.
Doc. No. 103-220); to the Committee on Appropriations and
ordered to be printed.
2776. A communication from the President of the United
States, transmitting amendments to the fiscal year 1995
budget that would implement savings from reduced rental
payments paid by Federal agencies to the General Services
Administration [GSA], pursuant to 31 U.S.C. 1107 (H. Doc. No.
103-221); to the Committee on Appropriations and ordered to
be printed.
2777. A letter from the Director, the Office of Management
and Budget, transmitting the cumulative report on rescissions
and deferrals of budget authority as of March 1, 1994,
pursuant to 2 U.S.C. 685(e); to the Committee on
Appropriations and ordered to be printed.
2778. A letter from the Secretary, Department of Defense,
transmitting the Department's Future Years Defense Program
[FYDP] and associated procurement and RDT&E annexes for the
fiscal year 1995 President's budget, pursuant to 10 U.S.C.
221(a); to the Committee on Armed Services.
2779. A letter from the Adjutant General, the Veterans of
Foreign Wars of the United States, transmitting proceedings
of the 94th National Convention of the Veterans of Foreign
Wars of the United States, pursuant to 36 U.S.C. 118; 44
U.S.C. 1332; to the Committee on Armed Services and ordered
to be printed.
2780. A letter from the Secretary of the Interior,
transmitting the annual report on the Youth Conservation
Corps program in the Department for fiscal year 1993,
pursuant to 16 U.S.C. 1705; to the Committee on Education and
Labor.
2781. A letter from the Secretary of Labor, transmitting
the interim report: National Wage Record Database Design
Project, pursuant to section 462(g) of the Job Training
Partnership Act; to the Committee on Education and Labor.
2782. A communication from the President of the United
States, transmitting a report on international agreements
transmitted to Congress after the deadline for their
submission, with reasons, pursuant to 1 U.S.C. 112b(b); to
the Committee on Foreign Affairs.
2783. A letter from the Chairman, Board of Governors,
Federal Reserve System, transmitting a copy of the annual
report in compliance with the Government in the Sunshine Act
during the calendar year 1993, pursuant to 5 U.S.C. 552b(j);
to the Committee on Government Operations.
2784. A letter from the Administrator, National Aeronautics
and Space Administration, transmitting a report that during
calendar year 1993, the NASA Contract Adjustment Board did
not meet to consider any cases and granted no requests for
extraordinary contractual relief under public law 85-804,
pursuant to 50 U.S.C. 1431-35; to the Committee on Government
Operations.
2785. A letter from the Chairman, National Endowment for
the Humanities, transmitting a report of activities under the
Freedom of Information Act for calendar year 1993, pursuant
to 5 U.S.C. 552(d); to the Committee on Government
Operations.
2786. A letter from the Executive Director, National
Mediation Board, transmitting a report of activities under
the Freedom of Information Act for calendar year 1993;
pursuant to 5 U.S.C. 552(d); to the Committee on Government
Operations.
2787. A letter from the Acting Assistant Secretary (Civil
Works), Department of the Army, transmitting findings
regarding construction of navigation improvements and
associated port facilities at Los Angeles and Long Beach
Harbors, CA; to the Committee on Public Works and
Transportation.
2788. A letter from the Secretary of Health and Human
Services, transmitting a draft of proposed legislation
entitled, ``Low-Income Home Energy Assistance Amendments of
1994,'' pursuant to 31 U.S.C. 1110; jointly, to the
Committees on Energy and Commerce and Education and Labor.
2789. A letter from the Secretary, Department of Defense,
transmitting the annual report for the National Security
Education Program, pursuant to 50 U.S.C. 1906; jointly, to
the Permanent Select Committee on Intelligence and the
Committee on Education and Labor.
Para. 24.3 unfinished business--approval of the journal
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to clause 5, rule I,
announced the unfinished business to be the question on agreeing to the
Chair's approval of the Journal of Tuesday, March 15, 1994.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that the yeas had
it.
Mr. DERRICK objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
246
When there appeared
<3-line {>
Nays
144
Para. 24.4 [Roll No. 58]
YEAS--246
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Bateman
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clayton
Clement
Clyburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
English
Eshoo
Everett
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Greenwood
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Houghton
Hoyer
Hughes
Hutto
Hyde
Inglis
Inslee
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kingston
Kleczka
Klein
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Livingston
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCrery
McCurdy
McDermott
McHale
McInnis
McNulty
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Richardson
Roemer
Rose
Rowland
Roybal-Allard
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Spence
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Tejeda
Thomas (WY)
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Wilson
Wise
Woolsey
Wyden
Wynn
NAYS--144
Allard
Armey
Bachus (AL)
Baker (CA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bunning
Burton
Buyer
Calvert
Camp
Canady
Castle
Clay
Clinger
Coble
Cox
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dreier
Duncan
Dunn
Emerson
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Goodlatte
Goodling
Goss
Grams
Grandy
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Hunter
Hutchinson
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kim
King
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Machtley
Manzullo
McCandless
McCollum
McDade
McHugh
McKeon
McMillan
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Morella
Murphy
Nussle
Oxley
Packard
Paxon
Petri
Portman
Pryce (OH)
Quillen
Ramstad
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Snowe
Solomon
Stearns
Stump
Sundquist
Talent
Taylor (MS)
Thomas (CA)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--43
Archer
Baker (LA)
Barrett (WI)
Bonilla
Brown (CA)
Callahan
[[Page 271]]
Costello
Crane
Dixon
Dornan
Engel
Evans
Ewing
Farr
Fish
Ford (MI)
Ford (TN)
Gallo
Gibbons
Gingrich
Green
Gutierrez
Hastings
Huffington
Jefferson
Klink
Lipinski
McKinney
Meehan
Michel
Natcher
Payne (NJ)
Porter
Quinn
Reynolds
Ridge
Rostenkowski
Rush
Taylor (NC)
Washington
Whitten
Williams
Yates
So the Journal was approved.
Para. 24.5 developmental disabilities reauthorization
On motion of Mr. WAXMAN, by unanimous consent, the bill of the Senate
(S. 1284) to amend the Developmental Disabilities Assistance and Bill of
Rights Act to expand or modify certain provisions relating to programs
for certain individuals with developmental disabilities, Federal
assistance for priority area activities for individuals with
developmental disabilities, protection and advocacy of individual
rights, university affiliated programs, and projects of national
significance, and for other purposes; together with the amendments of
the House thereto, was taken from the Speaker's table.
When on motion of Mr. WAXMAN it was,
Resolved, That the House insist upon its amendments and agree to the
conference asked by the Senate on the disagreeing votes of the two
Houses thereon.
Thereupon, the SPEAKER pro tempore, Mr. MONTGOMERY, by unanimous
consent, announced the appointment of Messrs. Dingell, Waxman, Brown of
Ohio, Moorhead, and Bliley, as managers on the part of the House at said
conference.
Ordered, That the Clerk notify the Senate thereof.
Para. 24.6 school-to-work opportunities
On motion of Mr. KILDEE, by unanimous consent, the bill (H.R. 2884) to
establish a national framework for the development of School-to-Work
Opportunities systems in all States, and for other purposes; together
with the amendment of the Senate thereto, was taken from the Speaker's
table.
When on motion of Mr. KILDEE, it was,
Resolved, That the House disagree to the amendment of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Thereupon, the SPEAKER pro tempore, Mr. MONTGOMERY, by unanimous
consent, announced the appointment of Messrs. Ford of Michigan, Kildee,
Williams, Goodling, and Gunderson, as managers on the part of the House
at said conference.
Ordered, That the Clerk notify the Senate thereof.
Para. 24.7 providing for the consideration of h.j. res. 103
Mr. STENHOLM, pursuant to the order of the House of March 11, 1994,
called up the following resolution (H. Res. 331):
Resolved, That immediately upon the adoption of this
resolution the House shall resolve itself into the Committee
of the Whole House on the State of the Union for the
consideration of the joint resolution (H.J. Res. 103)
proposing an amendment to the Constitution to provide for a
balanced budget for the United States Government and for
greater accountability in the enactment of tax legislation,
all points of order against the joint resolution and against
its consideration are hereby waived, and the first reading of
the joint resolution shall be dispensed with. After general
debate, which shall be confined to the joint resolution and
which shall not exceed nine hours, to be equally divided and
controlled among Representative Brooks of Texas,
Representative Fish of New York, and Representative Stenholm
of Texas, or their designees, the joint resolution shall be
considered for amendment under the five-minute rule. No
amendment to the joint resolution shall be in order in the
House or the Committee of the Whole except for the following
amendments, which shall be considered only in the following
order:
(a) An amendment in the nature of a substitute by
Representative Kyl of Arizona;
(b) An amendment in the nature of a substitute by
Representative Barton of Texas;
(c) An amendment in the nature of a substitute by
Representative Brooks of Texas;
(d) An amendment in the nature of a substitute by any
Member, which shall be the text of any comparable joint
resolution as passed by the Senate;
(e) An amendment in the nature of a substitute by
Representative Stenholm of Texas;
Each amendment may be offered only by the named proponent
or a designee, shall be in order notwithstanding the adoption
of a previous amendment in the nature of a substitute, shall
be considered as read only if printed in the Congressional
Record at least three legislative days prior to its
consideration, shall be debatable for not to exceed one-hour
to be equally divided and controlled by the proponent and a
member opposed thereto, and shall not be subject to an
amendment in the House or in the Committee of the Whole. If
more than one amendment in the nature of a substitute is
adopted, only the last to be adopted shall be considered as
finally adopted and reported to the House. At the conclusion
of the consideration of the joint resolution to the House
with such amendment as may have been finally adopted. The
previous question shall be considered to be ordered on the
joint resolution and such amendment thereto to final passage
without intervening motion except one motion to recommit,
with or without instructions.
Sec. 2. If on any day the Committee rises and reports that
it has come to no resolution on the joint resolution, the
House shall, on the next legislative day immediately
following House approval of the Journal, resolve itself into
the Committee of the Whole on the State of the Union for the
further consideration of the joint resolution.
Sec. 3. If a comparable joint resolution has been passed by
the Senate, it shall be in order at any time after
competition of House consideration of H.J. Res. 103 for
Representative Stenholm or his designee to move for immediate
consideration in the House of one such Senate Joint
Resolution. Such joint resolution shall be debatable for no
longer than one hour to be equally divided and controlled by
a proponent and an opponent. The previous question shall be
considered as having been ordered on the joint resolution to
final passage without intervening motion except: (1) a motion
that the House strike all after the resolving clause and
insert in lieu thereof the provisions of H.J. Res. 103, as
passed by the House, if offered only by Representative
Stenholm of Texas or a designee, which motion shall not be
separately debatable and against which motion all points of
order are waived; and (2) one motion to recommit, with or
without instructions.
Sec. 4. Consideration, in accordance with the provisions of
this resolution, of the joint resolution and any comparable
joint resolution passed by the Senate shall be a matter of
highest privilege in the House and shall take precedence over
any other motion, business, or order of the House, and the
House shall proceed with such consideration to final passage,
without the intervention of any other motion, order, or
business, except a motion to adjourn, or as otherwise
provided for in this resolution.
When said resolution was considered.
After debate,
On motion of Mr. STENHOLM, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that the yeas had
it.
Mr. MOAKLEY objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
387
When there appeared
<3-line {>
Nays
22
Para. 24.8 [Roll No. 59]
YEAS--387
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crapo
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Everett
Ewing
Fawell
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
[[Page 272]]
Herger
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickle
Pombo
Pomeroy
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Rahall
Ramstad
Ravenel
Reed
Regula
Richardson
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Rowland
Roybal-Allard
Royce
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Strickland
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torricelli
Towns
Traficant
Tucker
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--22
Beilenson
Bonior
Clay
Dellums
Fazio
Ford (MI)
Gephardt
Hinchey
Klink
Kopetski
Margolies-Mezvinsky
Moakley
Owens
Pickett
Rangel
Stark
Stokes
Studds
Torres
Unsoeld
Washington
Wheat
NOT VOTING--24
Chapman
Crane
Cunningham
Dixon
Evans
Farr
Gallo
Grandy
Green
Gutierrez
Hastings
Hilliard
Huffington
Johnson (CT)
Meehan
Murtha
Natcher
Porter
Quinn
Reynolds
Ridge
Rostenkowski
Rush
Yates
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 24.9 balanced budget constitutional amendment
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to House Resolution
331, declared the House resolved into the Committee of the Whole House
on the state of the Union for the consideration of the joint resolution
(H.J. Res. 103) proposing an amendment to the Constitution to provide
for a balanced budget for the United States Government and for greater
accountability in the enactment of tax legislation.
The SPEAKER pro tempore, Mr. MONTGOMERY, by unanimous consent,
designated Mr. SKAGGS as Chairman of the Committee of the Whole; and
after some time spent therein,
The SPEAKER pro tempore, Mr. WISE, assumed the Chair.
When Mr. SKAGGS, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
Para. 24.10 submission of conference report--h.r. 3345
Mr. CLAY submitted a conference report (Rept. No. 103-435) on the bill
(H.R. 3345) to amend title 5, United States Code, to eliminate certain
restrictions on employee training; to provide temporary authority to
agencies relating to voluntary separation incentive payments, and for
other purposes; together with a statement thereon, for printing in the
Record under the rule.
Para. 24.11 balanced budget constitutional amendment
The SPEAKER pro tempore, Mr. WISE, pursuant to House Resolution 331,
and by unanimous consent, declared the House resolved into the Committee
of the Whole House on the state of the Union for the further
consideration of the joint resolution (H.J. Res. 103) proposing an
amendment to the Constitution to provide for a balanced budget for the
United States Government and for greater accountability in the enactment
of tax legislation.
Mr. SKAGGS, Chairman of the Committee of the Whole, resumed the chair;
and after some time spent therein,
Para. 24.12 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment in the nature of a substitute
submitted by Mr. KYLE:
Strike all after the resolving clause and insert the
following:
That the following article is proposed as an amendment to the
Constitution of the United States, which shall be valid to
all intents and purposes as part of the Constitution when
ratified by the legislatures of three-fourths of the several
States within seven years after the date of its submission
for ratification:
``ARTICLE--
``Section 1. Except as provided in this article, outlays of
the United States Government for any fiscal year may not
exceed its receipts for that fiscal year.
``Section 2. Except as provided in this article, the
outlays of the United States Government for a fiscal year may
not exceed 19 percent of the Nation's gross national product
for that fiscal year.
``Section 3. The Congress may, by law, provide for
suspension of the effect of sections 1 or 2 of this article
for any fiscal year for which three-fifths of the whole
number of each House shall provide, by a rollcall vote, for a
specific excess of outlays over receipts or over 19 percent
of the Nation's gross national product.
``Section 4. Total receipts shall include all receipts of
the United States except those derived from borrowing and
total outlays shall include all outlays of the United States
except those for the repayment of debt principal.
``Section 5. The President shall have power, when any Bill,
including any vote, resolution, or order, which contains any
item of spending authority, is presented to him pursuant to
section 7 of Article I of this Constitution, to separately
approve, reduce, or disapprove any spending provision, or
part of any spending provision, contained therein.
``When the President exercises this power, he shall signify
in writing such portions of the Bill he has approved and
which portions he has reduced. These portions, to the extent
not reduced, shall then become a law. The President shall
return with his objections any disapproved or reduced
portions of a Bill to the House in which the Bill originated.
The Congress shall separately reconsider each such returned
portion of the Bill in the manner prescribed for disapproved
Bills in section 7 of Article I of this Constitution. Any
portion of a Bill which shall not have been returned or
approved by the President within 10 days (Sundays excepted)
after it shall have been presented to him shall become a law,
unless the Congress by their adjournment prevent its return,
in which case it shall not become a law.
``Section 6. Items of spending authority are those portions
of a Bill that appropriate money from the Treasury or that
otherwise authorize or limit the withdrawal or obligation of
money from the Treasury. Such items shall include, without
being limited to, items of appropriations, spending
authorizations, authority to borrow money on the credit of
the United States or otherwise, dedications of revenues,
entitlements, uses of assets, insurance, guarantees of
borrowing, and any authority to incur obligations.
``Section 7. Sections 1, 2, 3, and 4 of this article shall
apply to the third fiscal year beginning after its
ratification and to subsequent fiscal years, but not to
fiscal years beginning before October 1, 1999. Sections 5 and
6 of this article shall take effect upon ratification of this
article.''
It was decided in the
Yeas
179
<3-line {>
negative
Nays
242
Para. 24.13 [Roll No. 60]
AYES--179
Allard
Andrews (NJ)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cooper
Cox
Crane
Crapo
Cunningham
[[Page 273]]
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hoagland
Hobson
Hoekstra
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Machtley
Manzullo
McCandless
McCollum
McCrery
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Nussle
Oxley
Packard
Pallone
Paxon
Petri
Pombo
Porter
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Saxton
Schaefer
Schenk
Schiff
Sensenbrenner
Shays
Shepherd
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Swett
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Zeliff
Zimmer
NOES--242
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Baesler
Barca
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bishop
Blackwell
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Glickman
Gonzalez
Gordon
Gunderson
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hayes
Hefner
Hilliard
Hinchey
Hochbrueckner
Hoke
Holden
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDade
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Price (NC)
Rahall
Rangel
Reed
Richardson
Roemer
Romero-Barcelo (PR)
Rose
Roukema
Rowland
Roybal-Allard
Sabo
Sanders
Sangmeister
Sarpalius
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Washington
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Young (FL)
NOT VOTING--17
Dixon
Farr
Ford (MI)
Gallo
Grandy
Green
Hastings
Manton
Moakley
Natcher
Reynolds
Rostenkowski
Rush
Sawyer
Smith (IA)
Tucker
Yates
So the amendment in the nature of a substitute was not agreed to.
The SPEAKER pro tempore, Mr. DERRICK, assumed the Chair.
When Mr. SKAGGS, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
Para. 24.14 waiving points of order against conference report on
h.r.3345
Mr. FROST, by direction of the Committee on Rules, reported (Rept. No.
103-436) the resolution (H. Res. 388) waiving certain points of order
during consideration of the conference report on the bill (H.R. 3345) to
amend title 5, United States Code, to eliminate certain restrictions on
employee training; to provide temporary authority to agencies relating
to voluntary separation incentive payments, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 24.15 hour of meeting
On motion of Mr. FROST, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 10
o'clock a.m. on Thursday, March 17, 1994.
Para. 24.16 indian food stamp program
On motion of Mr. de la GARZA, by unanimous consent, the bill of the
Senate (S. 1926) to amend the Food and Stamp Act of 1977 to modify the
requirement relating to monthly reporting and staggered issuance of
coupons for households residing on Indian reservations, to ensure
adequate access to retail food stores by food stamp households, and to
maintain the integrity of the food stamp program, and for other
purposes; was taken from the Speaker's table.
When said bill was considered, read twice, ordered to be read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 24.17 communication from the clerk--message from the president
The SPEAKER pro tempore, Mr. DERRICK, laid before the House a
communication, which was read as follows:
Office of the Clerk,
U.S. House of Representatives,
Washington, DC, March 15, 1994.
Hon. Thomas S. Foley,
The Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, I have the honor to transmit a sealed
envelope received from the White House on Tuesday, March 15,
1994 at 2:42 p.m. and said to contain a special message from
the President whereby he transmits the Reemployment Act of
1994.
With great respect, I am
Sincerely yours,
Donnald K. Anderson,
Clerk, U.S. House of Representatives.
Para. 24.18 reemployment act of 1994
The Clerk then read the message from the President, as follows:
To the Congress of the United States:
I am pleased to transmit today for your immediate consideration and
prompt enactment the ``Reemployment Act of 1994''. Also transmitted is a
section-by-section analysis. This legislation is vital to help Americans
find new jobs and build sustainable careers.
Our current set of programs was designed to meet the different needs
of an earlier economy. People looking for help today confront a
confusing, overlapping, and duplicative tangle of programs, services,
and rules. Job seekers--whether unemployed or looking for better jobs--
have a difficult time getting the information they need: What benefits
and services are available to them? Where can they get good quality
training? What do they need to know to find and hold good jobs and to
build sustainable careers?
The underlying problem is the lack of a coherent employment and
training system. Instead, we have many disconnected, category-based
programs--each with distinct eligibility requirements, operating cycles,
and program standards. We need a true system of lifelong learning--not
the current hodgepodge of programs, some of which work, and some of
which don't. The legislation I am transmitting today is an important
first step in building this system.
We need to build a reemployment system because our current
unemployment system no longer delivers what many American workers need.
In the past, when a worker lost a job, he or
[[Page 274]]
she often returned to that job as soon as the business cycle picked up
again and the company was ready to rehire. The unemployment system was
designed to tide workers over during temporary dry spells. Today, when a
worker loses a job, that job often is gone forever.
Our economy has generated new jobs. In 1993 alone, 1.7 million new
private sector jobs were created--more than in the previous 4 years
combined. While the jobs exist, the pathways to them aren't always
clear.
The Reemployment Act of 1994 strives to fix this. It is based on
evidence of what works for getting workers into new and better jobs.
Programs that work are customer-driven, offering customized service,
quality information, and meaningful choices. Programs that work provide
job search assistance to help dislocated workers become reemployed
rapidly, feature skill training connected to real job opportunities,
and offer support services to make long-term training practical for
those who need it.
The Act reflects six key principles:
First is universal access and program consolidation. The current
patchwork of dislocated worker programs is categorical, inefficient,
and confusing. The Reemployment Act of 1994 will consolidate six
separate programs into an integrated service system that focuses on
what workers need to get their next job, not the reason why they lost
their last job.
Second is high-quality reemployment services. Most dislocated workers
want and need only information and some basic help in assessing their
skills and planning and conducting their job search. These services are
relatively simple and inexpensive, and they have been shown to pay off
handsomely in reducing jobless spells.
Third is high-quality labor market information, which must be a key
component of any reemployment effort. The labor market information
component of the Reemployment Act of 1994 will knit together various
job data systems and show the way to new jobs through expanding access
to good data on where jobs are and what skills they require.
Fourth is one-stop service. At a recent conference that I attended on
``What is Working'' in reemployment efforts, a common experience of
workers was the difficulty of getting good information on available
services. Instead of forcing customers to waste their time and try
their patience going from office to office, the system will require
States to coordinate services for dislocated workers through career
centers. It allows States to compete for funds to develop a more
comprehensive network of one-stop career centers to serve under one
roof anyone who needs help getting a first, new, or better job, and to
streamline access to a wide range of job training and employment
programs.
The fifth principle of the legislation is effective retraining for
those workers who need it to get a new job. Some workers need
retraining. The Reemployment Act of 1994 will also provide workers
financial support when they need it to let them complete meaningful
retraining programs.
Sixth is accountability. The Reemployment Act of 1994 aims to
restructure the incentives facing service providers to begin focusing
on workers as customers. Providers who deliver high-quality services
for the customer and achieve positive outcomes will prosper in the new
system. Those who fail to do so will see their funding dry up.
The Reemployment Act of 1994 will create a new comprehensive
reemployment system that will enhance service, improve access, and
assist Americans in finding good new jobs. This is a responsible
proposal that is fully offset over the next 5 years.
I urge the Congress to give this legislation prompt and favorable
consideration so that Americans will have available a new,
comprehensive reemployment system that works for everyone.
William J. Clinton.
The White House, March 15, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Education and Labor, the
Committee on Ways and Means, the Committee on the Judiciary and the
Committee on Veterans' Affairs and ordered to be printed (H. Doc. 103-
222).
Para. 24.19 subpoena
The SPEAKER pro tempore, Mr. DERRICK, laid before the House a
communication, which was read as follows:
Office of the Sergeant at Arms,
House of Representatives,
Washington, DC, March 15, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives, Washington, DC
Dear Mr. Speaker: This is to formerly notify you pursuant
to Rule L (50) of the Rules of the House that a subpoena
issued by the Superior Court of the District of Columbia for
information concerning a member of the United States Capitol
Police.
After consultation with the General Counsel, I have
determined that compliance with the subpoenas is consistent
with the privileges and precedents of the House.
Sincerely,
Werner W. Brandt,
Sergeant at Arms.
Para. 24.20 ``structured debate''
The SPEAKER pro tempore, Mr. DERRICK, made the following announcement
in behalf of the Speaker:
The House is about to embark upon an unprecedented experiment wherein
it will conduct a structured debate on a mutually agreed upon subject. A
Member recognized by the Speaker and holding the floor as ``moderator''
will yield time to eight Members, four from the Majority Party and four
from the Minority Party.
The primary purpose of this debate is to enhance the quality of the
deliberative process of the House of Representatives, so as to enable
all Members to be better informed and to participate in subsequent
debates and decisions on major issues.
Under the previous orders of February 11 and March 11, 1994, Mr.
Cardin will be recognized to moderate a structured debate in the format
and sequence that he will describe, which has been mutually established
by the Majority and Minority Leaders.
The Rules of the House with respect to decorum and proper forms of
address to the Speaker will apply during this debate. The moderator will
yield time to the participants. As part of the experiment--and not as a
precedent for other proceedings of the House--the moderator and the
participants will have the aid of a visual indication of the remaining
time.
Para. 24.21 leave of absence
By unanimous consent, leave of absence was granted to Mr. GALLO, for
today.
And then,
Para. 24.22 adjournment
On motion of Mr. CARDIN, pursuant to the special order heretofore
agreed to, at 10 o'clock and 2 minutes p.m., the House adjourned until
10 o'clock a.m. on Thursday, March 17, 1994.
Para. 24.23 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. CLAY: Committee of conference. Conference report on
H.R. 3345. A bill to amend title 5, United States Code, to
eliminate certain restrictions on employee training; to
provide temporary authority to agencies relating to voluntary
separation incentive payments, and for other purposes (Rept.
No. 103-435). Ordered to be printed.
Mr. MOAKLEY: Committee on Rules. House Resolution 388. A
resolution waiving points of order against the conference
report to accompany the bill (H.R. 3345) to amend title 5,
United States Code, to eliminate certain restrictions on
employee training; to provide temporary authority to agencies
relating to voluntary separation incentive payments; and for
other purposes (Rept. No. 103-436). Referred to the House
Calendar.
Para. 24.24 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. ACKERMAN:
H.R. 4039. A bill to amend the Truth in Lending Act to
limit unauthorized use of credit cards by discouraging theft
of credit cards that are mailed; to the Committee on Banking,
Finance and Urban Affairs.
By Mr. ROSTENKOWSKI (for himself (by request) and Mr.
Ford of Michigan):
H.R. 4040. A bill to establish a comprehensive system of
reemployment services, training, and income support for
permanently laid off workers, to facilitate the establishment
of one-stop career centers to serve as a common point of
access to employment, education and training information and
services, to develop an effective national labor market
information system, and for other
[[Page 275]]
purposes; jointly, to the Committees on Education and Labor
and Ways and Means.
By Mr. BLILEY (for himself, Mr. Rohrabacher, Mr. Paxon,
and Mr. Ballenger):
H.R. 4041. A bill to amend the District of Columbia Self-
Government and Governmental Reorganization Act to provide for
the appointment of the ranking members of the Committee on
the District of Columbia of the House of Representatives and
the Subcommittee on General Services, Federalism, and the
District of Columbia of the Committee on Governmental Affairs
of the Senate to the National Capital Planning Commission; to
the Committee on the District of Columbia.
By Mr. FARR (for himself, Mr. Dellums, Ms. Schenk, Mr.
Pastor, Mr. Torres, Mr. Becerra, Mr. Berman, Mr.
Beilenson, Mr. Filner, Ms. Roybal-Allard, and Mr.
Fazio):
H.R. 4042. A bill to require a report on the timeliness of
processing applications for naturalization; to the Committee
on the Judiciary.
By Mr. FIELDS of Louisiana:
H.R. 4043. A bill to direct the Secretary of the Interior
and the Secretary of Energy to undertake initiatives to
address certain needs in the Lower Mississippi Delta region,
and for other purposes; jointly, to the Committees on Natural
Resources, Education and Labor, Energy and Commerce, and
Science, Space, and Technology.
By Mr. LANCASTER (for himself, Mr. Rose, and Mrs.
Clayton):
H.R. 4044. A bill to require the Secretary of Agriculture
to issue regulations for the purchase and eradication of
swine infected with or exposed to brucellosis; to the
Committee on Agriculture.
By Mr. POMBO:
H.R. 4045. A bill to confer U.S. citizenship posthumously
on Rudolph Salli; to the Committee on the Judiciary.
By Mrs. THURMAN:
H.R. 4046. A bill to amend subchapter II of chapter 73 of
title 10, United States Code, to prevent cost-of-living
increases in the survivor annuity contributions of uniformed
services retirees from becoming effective before related
cost-of-living increases in retired pay become payable; to
the Committee on Armed Services.
By Mrs. THURMAN (for herself, Ms. Brown of Florida, Mr.
Bacchus of Florida, Mr. Bilirakis, Mr. Canady, Mr.
Deutsch, Mrs. Fowler, Mr. Gibbons, Mr. Goss, Mr.
Hastings, Mr. Hutto, Mr. Johnston of Florida, Mr.
Lewis of Florida, Mr. McCollum, Mr. Diaz-Balart, Mrs.
Meek of Florida, Mr. Mica, Mr. Miller of Florida, Mr.
Peterson of Florida, Ms. Ros-Lehtinen, Mr. Shaw, Mr.
Stearns, and Mr. Young of Florida):
H.R. 4047. A bill to amend title XIX of the Social Security
Act to improve the Federal medical assistance percentage used
under the Medicaid Program, and for other purposes; to the
Committee on Energy and Commerce.
By Mr. VENTO (for himself, Mr. Foglietta, Mr. Frank of
Massachusetts, Mr. Kopetski, Mrs. Schroeder, and Mr.
Towns):
H.R. 4048. A bill to expedite the naturalization of aliens
who served with special guerrilla units in Laos; to the
Committee on the Judiciary.
By Mrs. VUCANOVICH (for herself and Mr. Bilbray):
H.R. 4049. A bill to establish within the Department of
Energy a National Test and Demonstration Center of Excellence
at the Nevada test site, and for other purposes; jointly, to
the Committees on Armed Services; Science, Space, and
Technology; and Energy and Commerce.
By Mr. FORD of Michigan (for himself, Mr. Williams, Mr.
Gephardt, Mr. Rostenkowski, Mr. Clay, Mr. Martinez,
Ms. DeLauro, Mr. Matsui, Mr. Ford of Tennessee, Mr.
Gejdenson, Mr. McDermott, Mr. Miller of California,
Mr. Johnston of Florida, Mrs. Kennelly, Mr. Hoyer,
Mr. Kopetski, Mr. Lewis of Georgia, Mr. Levin, Mrs.
Lowey, Mr. Penny, Mr. Bacchus of Florida, Mr. Sabo,
Mr. Sawyer, Mrs. Schroeder, Mr. Scott, Mr. Wheat, Ms.
Woolsey, Mr. Gene Green of Texas, Mr. Carr, Mr.
Klink, Mr. Murphy, Mr. Serrano, and Mr. Richardson):
H.R. 4050. A bill to establish a comprehensive system of
reemployment services, training, and income support for
permanently laid off workers, to facilitate the establishment
of one-stop career centers to serve as a common point of
access to employment, education and training information and
services, to develop an effective national labor market
information system, and for other purposes; to the Committee
on Education and Labor.
By Ms. WOOLSEY (for herself, Mr. Clyburn, Mr. Frank of
Massachusetts, Mr. Scott, and Ms. Velazquez):
H.R. 4051. A bill to reform the child support system; to
the Committee on Ways and Means.
By Mr. BACCHUS of Florida (for himself, Mr. Baker of
Louisiana, Mr. McCollum, Mr. Lazio, Mr. Fazio, Mr.
Johnston of Florida, Mr. Shaw, Mrs. Meek of Florida,
Mr. Jefferson, Mr. Ravenel, Mrs. Fowler, Mr. Schumer,
Mr. Flake, Mr. Johnson of South Dakota, Mr. Lewis of
Florida, Mr. Miller of Florida, Mr. Klink, Ms. Brown
of Florida, Mr. Bilirakis, Mr. Mica, Mr. Livingston,
Mr. King, Mr. Stearns, Mr. Ackerman, Mr. Canady, Mr.
Peterson of Florida, Mr. Levy, Mr. Coleman, Mr.
Gallegly, Mr. Boehner, Mr. Hastings, Mr. Hutto, Mr.
Peterson of Minnesota, Mr. Manzullo, Mr. Deutsch,
Mrs. Thurman, Mr. Calvert, Mr. Goodling, Mr.
Machtley, Mr. Fields of Louisiana, Mr. Goss, Mr.
Young of Alaska, Mr. Crapo, Mr. Diaz-Balart, Ms. Ros-
Lehtinen, Mr. Franks of New Jersey, Mr. Dooley, Mr.
Cramer, Mr. Hayes, Mr. Quinn, Mr. McCrery, Mr.
Spence, Mr. Young of Florida, Ms. Molinari, Mr.
Tauzin, Mr. Bateman, Mr. Pombo, and Mr. Talent):
H.R. 4052. A bill to improve the National Flood Insurance
Program; to the Committee on Banking, Finance and Urban
Affairs.
By Mr. BECERRA (for himself, Mr. Beilenson, Mr. Berman,
Mr. Farr, Mr. Filner, Ms. Roybal-Allard, Mr. Torres,
Mr. Dellums, Mr. Dixon, Mr. Serrano, Ms. Velazquez,
and Mr. Pastor):
H.R. 4053. A bill to expand the scope of unfair
immigration-related employment practices and protections
under the Immigration and Nationality Act; to the Committee
on the Judiciary.
By Mr. BECERRA (for himself, Mr. Beilenson, Mr. Berman,
Mr. Farr, Mr. Filner, Mr. Martinez, Ms. Roybal-
Allard, Mr. Torres, Mr. Dellums, Mr. Fazio, Mr.
Dixon, Mr. Serrano, Ms. Valazquez, Mr. Pastor, and
Mr. Inslee):
H.R. 4054. A bill to provide for Federal incarceration of
undocumented criminal aliens; to the Committee on the
Judiciary.
By Mr. BURTON of Indiana:
H.R. 4055. A bill to combat crime; jointly, to the
Committees on the Judiciary; Energy and Commerce; Foreign
Affairs; Banking, Finance and Urban Affairs; and Armed
Services.
By Mr. HOAGLAND (for himself, Mr. Kopetski, Mr.
Brewster, Mr. Archer, Mr. Shaw, Mr. Portman, and Mr.
Matsui):
H.R. 4056. A bill to amend the Internal Revenue Code of
1986 to reform the rules regarding subchapter S corporations;
to the Committee on Ways and Means.
By Mr. SCHUMER (for himself, Mr. Crapo, Mr. Brewster,
Mr. Inglis of South Carolina, Mr. Edwards of Texas,
Mrs. Morella, Ms. Harman, and Mr. Hastert):
H.R. 4057. A bill to amend the Congressional Budget and
Impoundment Control Act of 1974 to create a deficit reduction
account and to reduce the discretionary spending limits, and
for other purposes; jointly, to the Committees on Government
Operations and Rules.
By Mr. STUDDS:
H.R. 4058. A bill to amend title 46, United States Code, to
improve the safety of towing vessels; to the Committee on
Merchant Marine and Fisheries.
By Mr. TAYLOR of North Carolina (for himself, Mr.
Solomon, Mr. Crane, Mr. Cramer, Mr. Boehner, and Mr.
Wilson):
H.R. 4059. A bill to amend the Immigration and Nationality
Act to provide for the expedited deportation of criminal
aliens, to expand the health-related causes for which aliens
may be excluded, to prohibit certain Federal benefits to
aliens who are not lawfully within the United States, and to
provide that aliens applying for asylum shall be detained;
jointly, to the Committees on the Judiciary, Government
Operations, and Ways and Means.
By Mr. DORNAN (for himself, Mr. Stump, Mr. Bartlett of
Maryland, Mr. Fields of Texas, Mr. King, Mr. McHugh,
Mr. Lewis of Florida, Mr. Gekas, Mr. Stearns, Mr.
Hyde, and Mr. Levy):
H.R. 4060. A bill to amend title 18, United States Code, to
require the imposition of the death penalty for espionage
that resulted in the identification by a foreign power of an
individual acting as an agent of the United States and
consequently in the death of that individual; to the
Committee on the Judiciary.
By Mr. TRAFICANT:
H.R. 4061. A bill to provide for a pilot power plant
designed to revitalize depressed communities by providing
energy intensive industry with an effective opportunity to
dispose of solid wastes and obtain inexpensive electricity
and steam, and to provide a pilot role model for the
development of a comprehensive national strategic energy
intensive industry initiative; to the Committee on Energy and
Commerce.
By Mr. WYDEN (for himself and Mr. Lewis of Georgia):
H.R. 4062. A bill to amend the U.S. Housing Act of 1937 to
provide for referenda among residents of public housing
developments to determine whether firearms shall be
prohibited or limited in such developments, and for other
purposes; jointly, to the Committees on Banking, Finance and
Urban Affairs and the Judiciary.
By Mr. WYDEN (for himself and Ms. Furse):
H.R. 4063. A bill to establish a special protection unit
for the Bull Rull River and Little Sandy River watersheds in
the Mt. Hood National Forest in the State of Oregon to
maintain and protect the forest resources of the watersheds
and the natural purity of the water resources of the
watersheds through restrictions on timber activities in and
[[Page 276]]
human access into the unit; to the Committees on Natural
Resources and Agriculture.
By Mr. PETE GEREN of Texas:
H.J. Res. 338. Joint resolution to designate October 1994
as ``National Decorative Painting Month''; to the Committee
on Post Office and Civil Service.
By Mr. MINGE:
H.J. Res. 339. Joint resolution proposing an amendment to
the Constitution of the United States to limit the terms of
Representatives and Senators, and to provide for a 4-year
term for Representatives; to the Committee on the Judiciary.
By Mr. TAYLOR of North Carolina (for himself and Mr.
Solomon):
H.J. Res. 340. Joint resolution proposing an amendment to
the Constitution of the United States to provide that no
person born to parents who are unlawfully in the United
States at the time of the birth shall be a U.S. citizen on
account of birth in the United States; to the Committee on
the Judiciary.
By Ms. FURSE:
H. Con. Res. 223. Concurrent resolution expressing the
sense of the Congress that any legislation that is enacted to
provide for comprehensive national health care reform should
provide for coverage of syringes for individuals who have
been diagnosed with diabetes and who require the
administration of insulin by syringe; jointly, to the
Committees on Energy and Commerce and Ways and Means.
By Mr. RIDGE (for himself, Ms. Snowe, Mr. Clinger, Mr.
Santorum, Mr. Greenwood, Mr. Gallo, Mr. Cunningham,
Ms. Schenk, and Mr. Borski):
H. Con. Res. 224. Concurrent resolution requesting the
President to designate Victoria Van Meter as an honorary
goodwill ambassador for the United States; to the Committee
on Post Office and Civil Service.
By Mr. ROEMER (for himself, Mr. Zimmer, Mr. Durbin, Mr.
Ramstad, Mr. Hughes, and Mrs. Roukema):
H. Res. 389. Resolution urging the Committee of Foreign
Affairs to conduct a hearing to determine the foreign policy
implications of the proposed joint United States-Russian
space station; jointly, to the Committees on Foreign Affairs
and Science, Space, and Technology.
Para. 24.25 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 65: Mr. Oxley.
H.R. 71: Mr. Rohrabacher.
H.R. 122: Mr. Franks of New Jersey.
H.R. 167: Mr. Calvert.
H.R. 349: Mr. Kyl.
H.R. 425: Mr. Hoke.
H.R. 427: Mr. Hoke.
H.R. 439: Mr. Paxon.
H.R. 522: Mr. Parker and Mr. Dixon.
H.R. 672: Mr. Flake and Mr. Solomon.
H.R. 769: Mr. Oberstar.
H.R. 967: Mr. Grandy.
H.R. 1006: Mr. Andrews of Maine.
H.R. 1034: Mr. Filner and Mr. Torres.
H.R. 1080: Mr. Torkildsen.
H.R. 1156: Mr. Blute.
H.R. 1164: Mr. Deutsch.
H.R. 1191: Mr. Shays.
H.R. 1354: Mr. Evans, Mr. Neal of North Carolina, Ms.
McKinney, and Mr. Romero-Barcelo.
H.R. 1640: Mr. Stupak.
H.R. 1671: Mr. Klein, Mr. Lightfoot, Mr. Montgomery, and
Mr. Klink.
H.R. 1718: Mr. Bryant, Mr. Dixon, Mr. Payne of New Jersey,
Mr. Thompson, and Mr. Watt.
H.R. 1897: Mr. Abercrombie, Mr. Owens, Mr. Rangel, Ms.
Molinari, Mr. Porter, Mr. Hoke, Mr. Schaefer, Mr. Nadler, Mr.
Fish, Mr. Sensenbrenner, and Mr. Young of Alaska.
H.R. 1900: Mr. Dicks.
H.R. 1968: Mr. Young of Alaska.
H.R. 2062: Mr. Sundquist.
H.R. 2119: Mr. Gejdenson, Mr. Mineta, Mr. Beilenson, Mr.
Filner, and Mr. Berman.
H.R. 2135: Mr. Quinn.
H.R. 2145: Mr. Torricelli, Mr. Fish, Mr. Andrews of New
Jersey, Mr. Franks of New Jersey, and Mr. Kleczka.
H.R. 2229: Mr. Hamburg, Mr. Becerra, Miss Collins of
Michigan, Mr. Serrano, Mr. Edwards of California, Mr.
LaFalce, and Mr. Farr.
H.R. 2292: Mr. Bachus of Alabama.
H.R. 2365: Mr. Waxman, Mr. Lehman, Mr. Barrett of
Wisconsin, Ms. Byrne, and Ms. Eshoo.
H.R. 2460: Mr. Browder.
H.R. 2462: Mr. Buyer, Mr. Roemer, and Mr. Santorum.
H.R. 2623: Mr. Parker, Mr. Ewing, and Mr. Fish.
H.R. 2626: Mr. Bryant and Mr. Ackerman.
H.R. 2641: Mrs. Unsoeld, Mr. Skaggs, and Mr. Minge.
H.R. 2646: Mr. Crapo and Mr. Torkildsen.
H.R. 2721: Ms. McKinney, Ms. Lowey, Ms. Eddie Bernice
Johnson of Texas, Mr. Penny, and Mr. Torres.
H.R. 2741: Mr. Rangel.
H.R. 2838: Mr. Swett and Mr. Bonior.
H.R. 2882: Mr. Calvert and Mr. Gingrich.
H.R. 2927: Mr. Dooley and Mr. Barlow.
H.R. 2971: Mr. Stump.
H.R. 3100: Mr. Mineta and Ms. Velazquez.
H.R. 3122: Mrs. Morella and Mr. Oxley.
H.R. 3171: Mr. Ravenel.
H.R. 3182: Mrs. Meek of Florida.
H.R. 3224: Mrs. Meyers of Kansas.
H.R. 3293: Mr. Frost, Mr. Gingrich, Mr. Deutsch, Mr.
Wilson, Ms. Lowey, and Mr. Bonilla.
H.R. 3328: Mr. Rahall, Mr. Royce, and Mr. Reed.
H.R. 3333: Mr. Grams.
H.R. 3365: Mr. Cramer, Mr. Penny, and Mr. Sarpalius.
H.R. 3367: Mr. Thomas of Wyoming, Mr. Packard, and Mr.
Schaefer.
H.R. 3372: Mr. Coble, Ms. McKinney, Mrs. Maloney, Mr.
Rangel, Mr. Obey, Mr. Bereuter, Mr. Lewis of Georgia, Mr.
Mann, Mr. Strickland, Mr. Taylor of Mississippi, Mr.
Torkildsen, Mr. Dickey, Mr. Gekas, Mr. Spence, Mr. Ballenger,
Mr. Cunningham, Ms. Cantwell, Mr. Hansen, Mr. Klein, Mr.
Meehan, and Mr. Owens.
H.R. 3392: Mr. Dornan, Mr. Browder, Mrs. Thurman, and Mr.
Dicks.
H.R. 3399: Mr. Foglietta.
H.R. 3404: Mr. Inslee.
H.R. 3434: Mr. Penny, Mr. Romero-Barcelo, Ms. Shepherd, and
Ms. Slaughter.
H.R. 3455: Mr. Glickman, Mr. Canady, and Mr. Horn.
H.R. 3461: Mrs. Mink of Hawaii and Ms. Margolies-Mezvinsky.
H.R. 3462: Ms. McKinney, Mrs. Mink of Hawaii, and Ms.
Margolies-Mezvinsky.
H.R. 3463: Mrs. Mink of Hawaii and Ms. Margolies-Mezvinsky.
H.R. 3475: Mr. Fazio, Mr. Bartlett of Maryland, and Mr.
Traficant.
H.R. 3492: Mr. Bateman and Mr. Taylor of North Carolina.
H.R. 3513: Mr. Coppersmith.
H.R. 3523: Mr. Rohrabacher.
H.R. 3569: Ms. Norton.
H.R. 3577: Mr. Filner.
H.R. 3614: Ms. Eddie Bernice Johnson of Texas, Mr.
Lipinski, and Ms. Velazquez.
H.R. 3622: Mrs. Thurman.
H.R. 3635: Mr. Hunter.
H.R. 3642: Mr. Canady, Mr. Franks of New Jersey, Mr.
Hamburg, Mr. Orton, Mr. Sarpalius, Ms. Slaughter, and Mr.
Torres.
H.R. 3656: Mr. Beilenson, Mr. Frost, Mr. Shays, Mrs.
Unsoeld, Mr. Hochbrueckner, Mr. Horn, Mr. Levy, Mr. Machtley,
and Mr. Glickman.
H.R. 3663: Mr. Lantos.
H.R. 3685: Mr. Goss.
H.R. 3720: Ms. Velazquez.
H.R. 3745: Mr. Frost, Mr. Rangel, Mr. Bonior, and Mr.
Barlow.
H.R. 3751: Mr. Foglietta and Mr. Evans.
H.R. 3762: Mr. Baker of California.
H.R. 3785: Mrs. Maloney, Mrs. Morella, Mr. Shays, and Mr.
Smith of New Jersey.
H.R. 3797: Mr. Kim and Mr. Penny.
H.R. 3808: Mr. Pickle.
H.R. 3830: Mr. de Lugo, Mr. Faleomavaega, Mr. Gonzalez, Mr.
Hyde, Mr. Johnston of Florida, Mr. King, Mr. Sanders, and Mr.
Stupak.
H.R. 3849: Mr. Torkildsen.
H.R. 3862: Mr. Taylor of Mississippi, Mr. Quillen, Mrs.
Vucanovich, and Mr. Paxon.
H.R. 3866: Mr. Kleczka, Mr. Traficant, Mr. Solomon, Mr.
Natcher, Mr. Towns, Mr. Coyne, Mr. McHale, and Mr. Carr.
H.R. 3878: Mr. Filner.
H.R. 3880: Mr. Hutchinson, Mr. Barcia of Michigan, Mr.
Doolittle, Mr. Klink, Mr. Bateman, Mr. Archer, Mr. Taylor of
North Carolina, Mr. Hutto, Mr. Fish, Mr. Grams, and Mr.
Hefley.
H.R. 3883: Mr. Zeliff and Ms. Lowey.
H.R. 3886: Mr. Fields of Texas, Mr. Weldon, and Mr.
Laughlin.
H.R. 3901: Ms. Lambert, Mr. Thompson, Mr. Parker, and Mr.
Frost.
H.R. 3913: Mr. Lewis of Florida, Mr. Dornan, and Mr.
Callahan.
H.R. 3939: Mrs. Unsoeld, Mr. Parker, and Mr. Coble.
H.R. 3949: Mr. Klug and Mr. Bartlett of Maryland.
H.R. 3951: Mr. Goodlatte, Mr. Ravenel, Mrs. Thurman, Mr.
Smith of Michigan, Mr. Skeen, Mr. Knollenberg, Mr. Carr, and
Mr. Ehlers.
H.R. 3955: Mr. Darden and Mr. Fields of Texas.
H.R. 3969: Mr. Thomas of Wyoming, Mr. Rogers, Mr. Gingrich,
Mr. Holden, Mr. Collins of Georgia, Mr. Montgomery, Mr.
Whitten, Mr. Pickett, Mr. Sundquist, Mr. Rowland, Mr. Pombo,
Mr. Pete Geren of Texas, and Mr. Sarpalius.
H.R. 3986: Mr. Grams, Mr. Castle, Mr. Smith of Michigan,
Mr. Gordon, Mr. Glickman, Mr. Portman, Mr. Bateman, and Mr.
Klug.
H.R. 3999: Mr. Durbin and Mr. Porter.
H.R. 4008: Mr. Saxton.
H.R. 4013: Mr. Williams.
H.J. Res. 22: Mr. Calvert.
H.J. Res. 61: Mr. Calvert.
H.J. Res. 103: Ms. English of Arizona.
H.J. Res. 177: Mr. Waxman, Mr. Sanders, Mr. Wynn, Mr.
Hastings, Mr. Fish, Mr. Hutto, Mr. Fazio, Ms. Eddie Bernice
Johnson of Texas, Mr. Kasich, Mr. Kennedy, Mrs. Kennelly, Mr.
Lipinski, Ms. Roybal-Allard, Mr. Stokes, Mr. Faleomavaega,
Mr. Wilson, Mr. Evans, Mr. Martinez, Mr. Mfume, Mr. Tejeda,
Mr. Foglietta, Mrs. Schroeder, Mr. Hochbrueckner, Mr. Gilman,
Mr. Dellums, Ms. Velazquez, Mr. DeFazio, Mr. Hyde, Ms.
Slaughter, Mr. Shays, and Mr. Filner.
H.J. Res. 253: Mr. Horn, Mr. Blute, Mr. Bishop, Ms.
McKinney, Mr. Bilirakis, Mrs. Unsoeld, Mr. Livingston, Mr.
Yates, Mr. McCrery, Mr. Hyde, and Mr. Shays.
H.J. Res. 266: Mr. Fish.
H.J. Res. 278: Mrs. Thurman and Mr. Romero-Barcelo.
H.J. Res. 291: Mr. Sarpalius, Mr. Stenholm, Ms. McKinney,
Mr. Dellums, Mr. Pombo, Ms. Brown of Florida, Ms. Norton, Ms.
Waters, Mr. Rose, Mr. Sisisky, Mr. Andrews of Maine, Mr.
Berman, Mr. Studds, Mr. Hamburg, Mr. Dickey, Mr. Fazio, Ms.
[[Page 277]]
Woolsey, Mr. Matsui, Mr. Becerra, Mr. Filner, Mrs. Kennelly,
Mrs. Johnson of Connecticut, Ms. DeLauro, Mrs. Mink of
Hawaii, Mr. Rush, Mrs. Collins of Illinois, Mrs. Meyers of
Kansas, Mrs. Bentley, Mr. Barlow, Mr. Olver, Mr. Stupak, Mr.
Waxman, Mr. Strickland, Mr. Hastings, Mr. Clay, Mr. Pallone,
Ms. Furse, Ms. Velazquez, Mr. Towns, Ms. Lowey, Mr.
Foglietta, Mr. Holden, Mr. Klink, Mr. McHale, Mr. Clyburn,
Ms. Eddie Bernice Johnson of Texas, Mr. Gene Green of Texas,
Ms. Shepherd, Mr. Sanders, Ms. Cantwell, Mrs. Unsoeld, Mr.
Wise, Mr. Barrett of Wisconsin, Mr. Obey, Mr. Goodlatte, Mr.
Sabo, Mr. Coble, Mr. Synar, and Mr. Slattery.
H.J. Res. 297: Mr. Towns and Mr. Fawell.
H.J. Res. 302: Mr. Price of North Carolina.
H.J. Res. 305: Mr. Greenwood, Ms. Brown of Florida, Mrs.
Unsoeld, Mr. Hefner, Mr. Hutto, Mr. de Lugo, Mr. Saxton, Ms.
Margolies-Mezvinsky, Mr. Richardson, and Mr. Filner.
H.J. Res. 309: Mr. Callahan, Mr. Montgomery, Mr. McDermott,
Mr. Cramer, Mr. Wolf, Mr. Rangel, Mr. Bachus of Alabama, Mr.
Ballenger, Mr. Lipinski, and Mr. Everett.
H.J. Res. 311: Mr. Ackerman, Mr. Bacchus of Florida, Mr.
Ballenger, Mr. Bateman, Mr. Beilenson, Mr. Bilbray, Mr.
Boehlert, Mr. Conyers, Mr. Dellums, Mr. Dingell, Mr.
Foglietta, Mrs. Fowler, Mr. Gekas, Mr. Hall of Ohio, Mr.
Hansen, Mr. Hefner, Mr. Hinchey, Mr. Jacobs, Mr. Kleczka, Mr.
Kreidler, Mr. McHugh, Mrs. Maloney, Ms. Margolies-Mezvinsky,
Mrs. Meyers of Kansas, Mrs. Mink of Hawaii, Mr. Moakley, Mr.
Montgomery, Mrs. Morella, Mr. Murphy, Mr. Romero-Barcelo, Mr.
Studds, Mr. Towns, Ms. Velazquez, Mrs. Vucanovich, Mr. Wheat,
Mr. Wilson, Mr. Wolf, Ms. Eddie Bernice Johnson of Texas, Mr.
Stearns, and Mr. Hyde.
H.J. Res. 317: Mr. Nussle, Mr. Ramstad, Mr. Fields of
Louisiana, Mrs. Mink of Hawaii, Mr. Natcher, Ms. Snowe, Mr.
Talent, Mr. Pickle, and Ms. Furse.
H.J. Res. 322: Mr. Pete Geren of Texas, Mr. Cooper, Mr.
Frost, Mr. Torricelli, Mr. Menendez, Mr. Callahan, Mr.
Browder, Mr. Hilliard, Mr. Orton, Mr. Filner, Mr. Bateman,
and Mr. Mann.
H.J. Res. 325: Mr. Rangel, Mr. Mineta, Mr. Hilliard, Mr.
Hyde, Mr. Livingston, Mr. McCloskey, Mr. McDermott, Mr.
Klein, Mr. Manton, Mr. Kleczka, Mr. Murtha, Mr. Neal of
Massachusetts, Mrs. Clayton, and Mr. Deutsch.
H.J. Res. 332: Mr. Dornan, Mr. Hansen, Mr. Conyers, Mr.
Rangel, Mr. Archer, Mr. Young of Florida, Mr. Spence, Mr.
Lewis of Florida, Mr. Bateman, Mr. Bilirakis, Mr.
Sangmeister, Mr. Torres, Mr. Bliley, Mr. Murtha, Mr. Coble,
Mr. Callahan, Mr. Manton, Mr. Clinger, Mr. Solomon, Mr.
Jacobs, Mr. Mineta, Mr. Klein, Mr. Stump, Mr. Torricelli, Mr.
Romero-Barcelo, Mr. Smith of Michigan, Mr. Sarpalius, and Mr.
King.
H.J. Res. 333: Mr. Ridge, Mr. Moran, Ms. Furse, Mr.
Hinchey, Mr. Nadler, Mr. Brown of California, Mr. Costello,
and Mr. de Lugo.
H.J. Res. 335: Mr. Gekas, Mr. Murphy, Mr. Kennedy, Mr.
Wolf, and Ms. Eddie Bernice Johnson of Texas.
H.J. Res. 336: Mr. Borski.
H. Con. Res. 20: Mr. Emerson.
H. Con. Res. 147: Mr. Wilson and Mr. Romero-Barcelo.
H. Con. Res. 166: Mr. Price of North Carolina.
H. Con. Res. 199: Mr. Knollenberg, Mr. Payne of New Jersey,
Mr. Andrews of Texas, Ms. Margolies-Mezvinsky, Mr. Sarpalius,
and Mr. Romero-Barcelo.
H. Res. 234: Mr. Burton of Indiana, Mr. LaRocco, Mr. Ewing,
Mr. Skaggs, Mr. Barton of Texas, Mr. Zimmer, Mr. Borski, Mr.
Swett, Mr. Kennedy, Mr. Grams, Mr. Barca of Wisconsin, Mr.
Shays, and Mr. Brown of Ohio.
H. Res. 315: Mr. Parker.
Para. 24.26 petitions, etc.
Under clause 1 of rule XXII, petitions and papers were laid on the
Clerk's desk and referred as follows:
80. By the SPEAKER: Petition of the Legislature of Rockland
County, NY, relative to memorializing the President to
appoint a special envoy to Northern Ireland; to the Committee
on Foreign Affairs.
81. Also, petition of the Common Council of the city of
Buffalo, NY, relative to H.R. 2229; jointly, to the
Committees on Foreign Affairs, Energy and Commerce, Post
Office and Civil Service, and Ways and Means.
.
THURSDAY, MARCH 17, 1994 (25)
The House was called to order by the SPEAKER.
Para. 25.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Wednesday, March 16, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 25.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2790. A letter from the President, Boy Scouts of America,
transmitting the Boy Scouts of America 1993 report to the
Nation, pursuant to 36 U.S.C. 28; to the Committee on the
Judiciary.
2791. A communication from the President of the United
States, transmitting a letter in writing to reaffirm his
opposition to the proposed balanced budget amendment to the
Constitution of the United States (H.J. Res. 103) (H. Doc.
No. 103-223); to the Committee on the Judiciary and ordered
to be printed.
Para. 25.3 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed with an amendment in which the concurrence of
the House is requested, a bill of the House of the following title:
H.R. 820. An Act to amend the Stevenson-Wydler Technology
Innovation Act of 1980 to enhance manufacturing technology
development and transfer, to authorize appropriations for the
Technology Administration of the Department of Commerce,
including the National Institute of Standards and Technology,
and for other purposes.
The message also announced that the Senate insisted upon its
amendment to the bill (H.R. 820) ``An Act to amend the Stevenson-Wydler
Technology Innovation Act of 1980 to enhance manufacturing technology
development and transfer, to authorize appropriations for the
Technology Administration of the Department of Commerce, including the
National Institute of Standards and Technology, and for other
purposes,'' requested a conference with the House on the disagreeing
votes of the two Houses thereon, and appointed Mr. Hollings, Mr.
Rockefeller, and Mr. Danforth to be the conferees on the part of the
Senate.
The message also announced that the Senate had passed a bill of the
following title, in which the concurrence of the House is requested:
S. 1458. An Act to amend the Federal Aviation Act of 1958
to establish time limitations on certain civil actions
against aircraft manufacturers, and for other purposes.
Para. 25.4 balanced budget constitutional amendment
The SPEAKER pro tempore, Mr. ABERCROMBIE, pursuant to House Resolution
331, declared the House resolved into the Committee of the Whole House
on the state of the Union for the further consideration of the joint
resolution (H.J. Res. 103) proposing an amendment to the Constitution to
provide for a balanced budget for the United States Government and for
greater accountability in the enactment of tax legislation.
Mr. SKAGGS, Chairman of the Committee of the Whole, resumed the chair;
and after some time spent therein,
Para. 25.5 call in committee
Mr. SKAGGS, Chairman, announced that the Committee, having had under
consideration said bill, finding itself without a quorum, directed the
Members to record their presence by electronic device, and the
following-named Members responded--
Para. 25.6 [Roll No. 61]
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (MI)
Combest
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Faleomavaega (AS)
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hayes
Hefley
Hefner
Herger
Hinchey
Hoagland
Hobson
Hochbrueckner
[[Page 278]]
Hoekstra
Hoke
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Long
Lowey
Machtley
Mann
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Sharp
Shaw
Shays
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stokes
Strickland
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thornton
Thurman
Torkildsen
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Weldon
Wheat
Wilson
Wise
Wolf
Wyden
Wynn
Yates
Young (FL)
Zeliff
Zimmer
Thereupon, Mr. SKAGGS, Chairman, announced that 392 Members had been
recorded, a quorum.
The Committee resumed its business.
After some further time,
Para. 25.7 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment in the nature of a substitute
submitted by Mr. BARTON:
Strike all after the resolving clause and insert the
following:
That the following article is proposed as an amendment to the
Constitution of the United States, which shall be valid to
all intents and purposes as part of the Constitution if
ratified by the legislatures of three-fourths of the several
States within seven years after its submission to the States
for ratification:
``Article--
``Section 1. Prior to each fiscal year, Congress shall
adopt a statement of receipts and outlays for such fiscal
year in which total outlays are not greater than total
receipts. Congress may amend such statement provided revised
outlays are not greater than revised receipts. Congress may
provide in such statement for a specific excess of outlays
over receipts by a vote directed solely to that subject in
which three-fifths of the whole number of each House agree to
such excess. Congress and the President shall ensure that
actual outlays do not exceed the outlays set forth in such
statement.
``Section 2. Total receipts for any fiscal year set forth
in the statement adopted pursuant to the first section of
this Article shall not increase by a rate greater than the
rate of increase in national income in the second prior
fiscal year, unless a three-fifths majority of the whole
number of each House of Congress shall have passed a bill
directed solely to approving specific additional receipts and
such bill has become law.
``Section 3. Prior to each fiscal year, the President shall
transmit to Congress a proposed statement of receipts and
outlays for such fiscal year consistent with the provisions
of this Article.
``Section 4. Congress may waive the provisions of this
Article for any fiscal year in which a declaration of war is
in effect.
``Section 5. Total receipts shall include all receipts of
the United States except those derived from borrowing and
total outlays shall include all outlays of the United States
except those for the repayment of debt principal.
``Section 6. The amount of Federal public debt as of the
first day of the second fiscal year beginning after the
ratification of this Article shall become a permanent limit
on such debt and there shall be no increase in such amount
unless three-fifths of the whole number of each House of
Congress shall have passed a bill approving such increase and
such bill has become law.
``Section 7. Congress shall enforce and implement this
Article by appropriate legislation.
``Section 8. This Article shall take effect for the fiscal
year 2000 or for the second fiscal year beginning after its
ratification, whichever is later.''.
It was decided in the
Yeas
213
<3-line {>
negative
Nays
215
Para. 25.8 [Roll No. 62]
AYES--213
Allard
Andrews (NJ)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Browder
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clement
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Cox
Cramer
Crane
Crapo
Cunningham
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fingerhut
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Gordon
Goss
Grams
Greenwood
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Hefner
Herger
Hobson
Hoekstra
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson (GA)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lambert
Lancaster
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Lloyd
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Myers
Nussle
Oxley
Packard
Pallone
Parker
Paxon
Payne (VA)
Peterson (MN)
Petri
Pombo
Porter
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Rowland
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schenk
Schiff
Sensenbrenner
Shaw
Shays
Shepherd
Shuster
Sisisky
Skeen
Skelton
Slattery
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wilson
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--215
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Baesler
Barca
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bilbray
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Costello
Coyne
Danner
Darden
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Glickman
Gonzalez
Gunderson
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hilliard
Hinchey
Hoagland
Hochbrueckner
Hoke
Holden
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Long
Lowey
Maloney
Mann
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pastor
Pelosi
Penny
Peterson (FL)
Pickett
Pomeroy
[[Page 279]]
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Romero-Barcelo (PR)
Rose
Rostenkowski
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schroeder
Schumer
Scott
Serrano
Sharp
Skaggs
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Washington
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--10
Farr
Gallo
Gilman
Grandy
Green
Hastings
Manton
Natcher
Payne (NJ)
Pickle
So the amendment in the nature of a substitute was not agreed to.
The SPEAKER pro tempore, Mr. BONIOR, assumed the Chair.
When Mr. SKAGGS, Chairman, pursuant to clause 2(d) of rule XXIII,
reported that on a recorded vote in the Committee of the Whole House on
the state of the Union on an amendment to the joint resolution (H.J.
Res. 103) proposing an amendment to the Constitution to provide for a
balanced budget for the United States Government and for greater
accountability in the enactment of tax legislation, the votes of the
Delegates and of the Resident Commissioner from Puerto Rico were
decisive.
The Clerk then read the amendment, as follows:
Strike all after the resolving clause and insert the
following:
That the following article is proposed as an amendment to
the Constitution of the United States, which shall be valid
to all intents and purposes as part of the Constitution if
ratified by the legislatures of three-fourths of the several
States within seven years after its submission to the States
for ratification:
``Article--
``Section 1. Prior to each fiscal year, Congress shall
adopt a statement of receipts and outlays for such fiscal
year in which total outlays are not greater than total
receipts. Congress may amend such statement provided revised
outlays are not greater than revised receipts. Congress may
provide in such statement for a specific excess of outlays
over receipts by a vote directed solely to that subject in
which three-fifths of the whole number of each House agree to
such excess. Congress and the President shall ensure that
actual outlays do not exceed the outlays set forth in such
statement.
``Sec. 2. Total receipts for any fiscal year set forth in
the statement adopted pursuant to the first section of this
Article shall not increase by a rate greater than the rate of
increase in national income in the second prior fiscal year,
unless a three-fifths majority of the whole number of each
House of Congress shall have passed a bill directed solely to
approving specific additional receipts and such bill has
become law.
``Sec. 3. Prior to each fiscal year, the President shall
transmit to Congress a proposed statement of receipts and
outlays for such fiscal year consistent with the provisions
of this Article.
``Sec. 4. Congress may waive the provisions of this Article
for any fiscal year in which a declaration of war is in
effect.
``Sec. 5. Total receipts shall include all receipts of the
United States except those derived from borrowing and total
outlays shall include all outlays of the United States except
those for the repayment of debt principal.
``Sec. 6. The amount of Federal public debt as of the first
day of the second fiscal year beginning after the
ratification of this Article shall become a permanent limit
on such debt and there shall be no increase in such amount
unless three-fifths of the whole number of each House of
Congress shall have passed a bill approving such increase and
such bill has become law.
``Sec. 7. Congress shall enforce and implement this Article
by appropriate legislation.
``Sec. 8. This Article shall take effect for the fiscal
year 2000 or for the second fiscal year beginning after its
ratification, whichever is later.''.
The SPEAKER pro tempore, Mr. BONIOR, pursuant to clause 2(d) of rule
XXIII, put the question de novo,
The question being put, viva voce,
Will the House agree to said amendment in the nature of a substitute?
The SPEAKER pro tempore, Mr. BONIOR, announced that yeas had it.
Mr. PRICE demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
211
<3-line {>
affirmative
Nays
204
Para. 25.9 [Roll No. 63]
YEAS--211
Allard
Andrews (NJ)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Berman
Bevill
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Browder
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clement
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Cox
Cramer
Crane
Crapo
Cunningham
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fingerhut
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Gordon
Goss
Grams
Greenwood
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Hefner
Herger
Hobson
Hoekstra
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson (GA)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lambert
Lancaster
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Lloyd
Machtley
Manzullo
McCandless
McCollum
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Myers
Nussle
Packard
Pallone
Parker
Paxon
Payne (VA)
Peterson (MN)
Petri
Pombo
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Rowland
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schenk
Schiff
Sensenbrenner
Shaw
Shays
Shepherd
Shuster
Sisisky
Skeen
Skelton
Slattery
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wilson
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--204
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Baesler
Barca
Barlow
Barrett (WI)
Becerra
Beilenson
Bilbray
Blackwell
Bonior
Borski
Brewster
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Conyers
Coppersmith
Costello
Coyne
Danner
Darden
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Engel
English
Eshoo
Evans
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Glickman
Gonzalez
Gunderson
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hilliard
Hinchey
Hoagland
Hochbrueckner
Hoke
Holden
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Long
Lowey
Maloney
Mann
Margolies-Mezvinsky
Markey
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pastor
Pelosi
Penny
Peterson (FL)
Pickett
Pomeroy
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schroeder
Schumer
Scott
Sharp
Skaggs
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--18
Boucher
Collins (MI)
Farr
Gallo
Gilman
Grandy
Green
Hastings
Manton
Martinez
McCrery
Natcher
Oxley
Payne (NJ)
Pickle
Porter
Serrano
Washington
[[Page 280]]
So the amendment in the nature of a substitute was agreed to.
The SPEAKER pro tempore, Mrs. UNSOELD, pursuant to clause 2(d) of rule
XXIII, declared the House resolved into the Committee of the Whole House
on the state of the Union for the further consideration, pursuant to
House Resolution 331, of the joint resolution (H.J. Res. 103) proposing
an amendment to the Constitution to provide for a balanced budget for
the United States Government and for greater accountability in the
enactment of tax legislation.
Mr. SKAGGS, Chairman of the Committee of the Whole, resumed the chair;
and after some time spent therein,
Para. 25.10 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment in the nature of a substitute
submitted by Mr. WISE:
Strike all after the resolving clause and insert the
following:
That the following article is proposed as an amendment to the
Constitution of the United States, which shall be valid to
all intents and purposes as part of the Constitution if
ratified by the legislatures of three-fourths of the several
States within seven years after it submission to the States
for ratification:
``article
``Section 1. Total outlays of the operating funds of the
United States for any fiscal year shall not exceed total
receipts to those funds for that fiscal year.
``Section 2. The Congress may waive the provisions of this
article for any fiscal year in which a declaration of war is
in effect. The provisions of this article may be waived for
any fiscal year in which the United States is engaged in
military conflict which causes an imminent and serious
military threat to national security and is so declared by a
joint resolution, adopted by a majority of the whole number
of each House of Congress, that becomes law. If real economic
growth has been or will be negative for two consecutive
quarters, Congress may by law, passed by a majority of the
whole number of each House of Congress, waive this article
for the current and next fiscal year.
``Section 3. Not later than the first Monday in February in
each calendar year, the President shall transmit to the
Congress a proposed budget for the United States Government
for the fiscal year beginning in that calendar year in which
total outlays of the operating funds of the United States for
that fiscal year shall not exceed total receipts to those
funds for that fiscal year.
``Section 4. Total receipts of the operating funds shall
exclude those derived from net borrowing. Total outlays of
the operating funds of the United States shall exclude those
for repayment of debt principal and for capital investments
that provide long-term economic returns but shall include
annual principal and interest payments for borrowing on
capital investments. The receipts (including attributable
interest) and outlays of the Federal Old-Age and Survivors
Insurance Trust Fund and the Federal Disability Insurance
Trust Fund shall not be counted as receipts or outlays for
purposes of this article.
``Section 5. Congress shall enforce and implement this
article by appropriate legislation, which may rely on
estimates of outlays and receipts.
``Section 6. This section and section 5 of this article
shall take effect upon ratification. All other sections of
this article shall take effect beginning with fiscal year
2001 or the second fiscal year beginning after its
ratification, whichever is later.''.
It was decided in the
Yeas
111
<3-line {>
negative
Nays
318
Para. 25.11 [Roll No. 64]
AYES--111
Ackerman
Andrews (ME)
Andrews (NJ)
Applegate
Barca
Barcia
Barrett (WI)
Bilbray
Bishop
Bonior
Borski
Boucher
Brown (OH)
Bryant
Byrne
Cantwell
Carr
Chapman
Clinger
Clyburn
Coleman
Cooper
Costello
Danner
DeLauro
Deutsch
Duncan
Durbin
Engel
Eshoo
Fazio
Fields (LA)
Fingerhut
Ford (MI)
Frost
Furse
Gejdenson
Gibbons
Hall (OH)
Hamilton
Harman
Hefner
Hilliard
Hoagland
Hochbrueckner
Holden
Hoyer
Jefferson
Johnson (SD)
Kaptur
Kennedy
Kleczka
Kopetski
Lambert
Lancaster
Lantos
Long
Maloney
Mann
Markey
McCloskey
McNulty
Meehan
Miller (CA)
Mineta
Mink
Moran
Murphy
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Pallone
Pastor
Peterson (MN)
Pomeroy
Price (NC)
Reed
Regula
Reynolds
Richardson
Roemer
Rogers
Romero-Barcelo (PR)
Rose
Sawyer
Schenk
Schroeder
Schumer
Scott
Sharp
Shepherd
Skaggs
Smith (IA)
Spence
Strickland
Stupak
Swett
Tejeda
Thornton
Thurman
Torres
Torricelli
Volkmer
Washington
Wheat
Whitten
Williams
Wise
Yates
NOES--318
Abercrombie
Allard
Andrews (TX)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barlow
Barrett (NE)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilirakis
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cardin
Castle
Clay
Clayton
Clement
Coble
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Coppersmith
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLay
Dellums
Derrick
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Dunn
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
English
Evans
Everett
Ewing
Faleomavaega (AS)
Fawell
Fields (TX)
Filner
Fish
Flake
Foglietta
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Greenwood
Gunderson
Gutierrez
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hinchey
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Johnson (CT)
Johnson (GA)
Johnson, E.B.
Johnson, Sam
Johnston
Kanjorski
Kasich
Kennelly
Kildee
Kim
King
Kingston
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Lowey
Machtley
Manzullo
Margolies-Mezvinsky
Martinez
Matsui
Mazzoli
McCandless
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (FL)
Minge
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Morella
Murtha
Myers
Nadler
Neal (NC)
Norton (DC)
Nussle
Orton
Owens
Oxley
Packard
Parker
Paxon
Payne (VA)
Pelosi
Penny
Peterson (FL)
Petri
Pickett
Pickle
Pombo
Porter
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Ridge
Roberts
Rohrabacher
Ros-Lehtinen
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Serrano
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Slattery
Slaughter
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spratt
Stark
Stearns
Stenholm
Stokes
Studds
Stump
Sundquist
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Thompson
Torkildsen
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wilson
Wolf
Woolsey
Wyden
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--9
Farr
Gallo
Grandy
Green
Hamburg
Hastings
Manton
Natcher
Payne (NJ)
So the amendment in the nature of a substitute was not agreed to.
After some further time,
The SPEAKER resumed the Chair.
When Mr. SKAGGS, Chairman, pursuant to House Resolution 331, reported
the joint resolution back to the House with an amendment adopted by the
Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the resolving clause and insert:
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That the
following article is proposed as an amendment to the
Constitution of the United States, which shall be valid to
all intents and purposes as part of the Constitution when
ratified by the legislatures of three-fourths of the several
States within seven years after the date of its submission to
the States for ratification:
``Article --
``Section 1. Total outlays for any fiscal year shall not
exceed total receipts for that
[[Page 281]]
fiscal year, unless three-fifths of the whole number of each
House of Congress shall provide by law for a specific excess
of outlays over receipts by a rollcall vote.
``Section 2. The limit on the debt of the United States
held by the public shall not be increased, unless three-
fifths of the whole number of each House shall provide by law
for an increase by a rollcall vote.
``Section 3. Prior to each fiscal year, the President shall
transmit to the Congress a proposed budget for the United
States Government for that fiscal year, in which total
outlays do not exceed total receipts.
``Section 4. No bill to increase revenue shall become law
unless approved by a majority of the whole number of each
House by a rollcall vote.
``Section 5. The Congress may waive the provisions of this
article for any fiscal year in which a declaration of war is
in effect. The provisions of this article may be waived for
any fiscal year in which the United States is engaged in
military conflict which causes an imminent and serious
military threat to national security and is so declared by a
joint resolution, adopted by a majority of the whole number
of each House, which becomes law.
``Section 6. The Congress shall enforce and implement this
article by appropriate legislation, which may rely on
estimates of outlays and receipts.
``Section 7. Total receipts shall include all receipts of
the United States Government except those derived from
borrowing. Total outlays shall include all outlays of the
United States Government except for those for repayment of
debt principal.
``Section 8. This article shall take effect beginning with
fiscal year 2001 or with the second fiscal year beginning
after its ratification, whichever is later.''
The joint resolution, as amended, was ordered to be engrossed and read
a third time, was read a third time by title.
The question being put, viva voce,
Will the House pass said joint resolution?
The SPEAKER announced that two-thirds of the Members present having
voted in favor thereof, the joint resolution was passed.
Mr. WISE objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
271
When there appeared
<3-line {>
Nays
153
Para. 25.12 [Roll No. 65]
YEAS--271
Allard
Andrews (NJ)
Andrews (TX)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Brewster
Browder
Brown (OH)
Bryant
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Carr
Castle
Chapman
Clement
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLay
Derrick
Deutsch
Diaz-Balart
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
English
Everett
Ewing
Fawell
Fields (TX)
Fingerhut
Fish
Fowler
Franks (CT)
Franks (NJ)
Frost
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hoagland
Hobson
Hoekstra
Hoke
Horn
Houghton
Hoyer
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Johnston
Kasich
Kennedy
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Machtley
Mann
Manzullo
Martinez
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meehan
Meyers
Mica
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Moran
Morella
Myers
Neal (NC)
Nussle
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickle
Pombo
Porter
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Sangmeister
Santorum
Sarpalius
Saxton
Schaefer
Schenk
Schiff
Sensenbrenner
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stump
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Torricelli
Upton
Valentine
Volkmer
Vucanovich
Walker
Walsh
Weldon
Whitten
Wilson
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--153
Abercrombie
Ackerman
Andrews (ME)
Applegate
Barca
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Blackwell
Bonior
Borski
Boucher
Brooks
Brown (CA)
Brown (FL)
Byrne
Cantwell
Cardin
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coyne
DeLauro
Dellums
Dicks
Dingell
Dixon
Durbin
Edwards (CA)
Engel
Eshoo
Evans
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Gonzalez
Gutierrez
Hall (OH)
Hamburg
Hamilton
Hilliard
Hinchey
Hochbrueckner
Holden
Hughes
Jefferson
Johnson, E. B.
Kanjorski
Kaptur
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lehman
Levin
Lewis (GA)
Lowey
Maloney
Margolies-Mezvinsky
Markey
Matsui
McDermott
McKinney
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Murphy
Murtha
Nadler
Neal (MA)
Oberstar
Obey
Olver
Owens
Pastor
Pelosi
Pickett
Pomeroy
Price (NC)
Rahall
Rangel
Reed
Reynolds
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Skaggs
Slattery
Slaughter
Smith (IA)
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tejeda
Thompson
Thornton
Thurman
Torres
Towns
Traficant
Tucker
Unsoeld
Velazquez
Vento
Visclosky
Washington
Waters
Watt
Waxman
Wheat
Williams
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--9
Farr
Gallo
Grandy
Green
Hastings
Manton
Michel
Natcher
Payne (NJ)
So, two-thirds of the Members present not having voted in favor
thereof, the joint resolution was not passed.
A motion to reconsider the vote whereby said joint resolution was not
passed was, by unanimous consent, laid on the table.
Para. 25.13 requesting conference with senate to house amendment on
s.636
Mr. MOAKLEY, by direction of the Committee on Rules, called up the
following resolution (H. Res. 374):
Resolved, That upon the adoption of this resolution it
shall be in order to take from the Speaker's table the bill
(S. 636) to amend the Public Health Service Act to permit
individuals to have freedom of access to certain medical
clinics and facilities, and for other purposes, and to
consider the Senate bill in the House. All points of order
against the Senate bill and against its consideration are
waived. It shall be in order to move to strike all after the
enacting clause of the Senate bill and to insert in lieu
thereof the provisions of H.R. 796 as passed by the House.
All points of order against that motion are waived. If the
motion is adopted and the Senate bill, as amended, is passed,
then it shall be in order to move that the House insist on
its amendments to S. 636 and request a conference with the
Senate thereon.
When said resolution was considered.
After debate,
Ms. SLAUGHTER moved the previous question on the resolution to its
adoption or rejection.
The question being put, viva voce,
Will the House now order the previous question?
The SPEAKER pro tempore, Mr. STUDDS, announced that the yeas had it.
On a division demanded by Mr. SENSENBRENNER, there appeared, yeas--5,
nays--16.
Ms. SLAUGHTER objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
[[Page 282]]
Yeas
248
When there appeared
<3-line {>
Nays
168
Para. 25.14 [Roll No. 66]
YEAS--248
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Baesler
Barca
Barlow
Barrett (WI)
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilman
Glickman
Gonzalez
Gordon
Greenwood
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Horn
Houghton
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kaptur
Kennedy
Kennelly
Kleczka
Klein
Klug
Kolbe
Kopetski
Kreidler
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Molinari
Montgomery
Moran
Morella
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pickle
Pomeroy
Porter
Price (NC)
Pryce (OH)
Ramstad
Rangel
Reed
Reynolds
Richardson
Ridge
Roemer
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Sisisky
Skaggs
Slattery
Slaughter
Smith (IA)
Snowe
Spratt
Stark
Stokes
Strickland
Studds
Swett
Swift
Synar
Tanner
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Washington
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Zeliff
Zimmer
NAYS--168
Allard
Applegate
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bilirakis
Bliley
Blute
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Clinger
Coble
Collins (GA)
Combest
Costello
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fields (TX)
Fish
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Holden
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kasich
Kildee
Kim
King
Kingston
Klink
Knollenberg
Kyl
LaFalce
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Mica
Miller (FL)
Moorhead
Murphy
Myers
Nussle
Ortiz
Oxley
Packard
Parker
Paxon
Penny
Peterson (MN)
Petri
Pombo
Portman
Poshard
Quillen
Quinn
Rahall
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shuster
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stenholm
Stump
Stupak
Sundquist
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Volkmer
Vucanovich
Walker
Walsh
Wolf
Young (AK)
Young (FL)
NOT VOTING--17
Brown (CA)
Collins (IL)
Farr
Fowler
Gallo
Grandy
Green
Hastings
Kanjorski
Livingston
Manton
Meek
Michel
Mollohan
Natcher
Tucker
Weldon
So the previous question on the resolution was ordered.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. STUDDS, announced that the yeas had it.
Mr. SMITH of New Jersey demanded a recorded vote on agreeing to said
resolution, which demand was supported by one-fifth of a quorum, so a
recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
244
<3-line {>
affirmative
Nays
171
Para. 25.15 [Roll No. 67]
AYES--244
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Baesler
Barca
Barlow
Barrett (WI)
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Cooper
Coppersmith
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gilman
Glickman
Gonzalez
Gordon
Greenwood
Gutierrez
Hamburg
Hamilton
Harman
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Horn
Houghton
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kennedy
Kennelly
Kleczka
Klein
Klug
Kolbe
Kopetski
Kreidler
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Lehman
Levin
Lewis (GA)
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McInnis
McKinney
Meehan
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Molinari
Montgomery
Moran
Morella
Murtha
Nadler
Neal (MA)
Neal (NC)
Obey
Olver
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pickle
Pomeroy
Porter
Price (NC)
Pryce (OH)
Ramstad
Rangel
Reed
Reynolds
Richardson
Ridge
Roemer
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Sisisky
Skaggs
Slattery
Slaughter
Smith (IA)
Snowe
Spratt
Stark
Stokes
Strickland
Studds
Swett
Swift
Synar
Tanner
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Washington
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Zeliff
Zimmer
NOES--171
Allard
Applegate
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bilirakis
Bliley
Blute
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Clinger
Coble
Collins (GA)
Combest
Costello
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fields (TX)
Fish
Franks (NJ)
Gallegly
Gekas
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Gunderson
Hall (OH)
Hall (TX)
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Holden
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kasich
Kildee
Kim
King
Kingston
Klink
Knollenberg
Kyl
LaFalce
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McKeon
McMillan
McNulty
Mica
[[Page 283]]
Miller (FL)
Mollohan
Moorhead
Murphy
Myers
Nussle
Oberstar
Ortiz
Oxley
Packard
Parker
Paxon
Penny
Peterson (MN)
Petri
Pombo
Portman
Poshard
Quillen
Quinn
Rahall
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shuster
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stenholm
Stump
Stupak
Sundquist
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Upton
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
NOT VOTING--18
Brown (CA)
Collins (IL)
Conyers
Farr
Fowler
Gallo
Grandy
Green
Hancock
Hastings
Kanjorski
Kaptur
Livingston
Manton
Meek
Michel
Natcher
Tucker
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 25.16 pesticide safety
On motion of Mr. de la GARZA, by unanimous consent, the Committee on
Agriculture was discharged from further consideration of the bill of the
Senate (S. 1913) to extend certain compliance dates for pesticide safety
training and labeling requirements.
Mr. de la GARZA submitted the following amendment in the nature of a
substitute which was agreed to:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. COMPLIANCE.
Until January 1, 1995, it shall not be a misuse under
section 12(a)(2)(G) of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136j(a)(2)(G)) to use any
pesticide product in a manner inconsistent with the
provisions of 40 CFR Part 170 that are (1) subject to the
compliance date specified in 40 CFR section 170.5(c) and (2)
incorporated by reference on the label or labeling of any
pesticide product. This delay in compliance shall not apply
to specific worker protection requirements that appear
directly on the label or labeling of the pesticide product.
SEC. 2. REENTRY INTERVAL.
(a) In General.--Notwithstanding the provisions of 40 CFR
Part 170, until January 1, 1995, a worker may enter an area
treated with a pesticide product during the restricted entry
interval specified on the label of the pesticide product to
perform tasks related to the production of agricultural
plants if the agricultural employer ensures that--
(1) no hand labor activity is performed;
(2) no such entry is allowed for the first 4 hours
following the end of the application of the pesticide
product;
(3) no such entry is allowed until any inhalation exposure
level listed on the product labeling has been reached; and
(4) the personal protective equipment specified on the
product labeling for early entry is provided in clean and
operating condition to the worker.
(b) Protective Equipment for Irrigation Work.--For
irrigation work for which the only contact with treated
surfaces is to the feet, lower legs, hands, and arms, the
agricultural employer may provide coveralls, chemical
resistant gloves, and chemical resistant footwear instead of
the personal protective equipment specified on the label.
SEC. 3. CROP ADVISORS
Notwithstandig the provisions of 40 CFR Part 170, until
January 1, 1995, persons performing duties as crop advisors
shall not be considered workers or handlers under 40 CFR Part
170 (or for the purposes of the pesticide label) and shall
not be subject to the requirements of 40 CFR Part 170.
SEC. 4. SAFETY TRAINING.
(A) Training Materials.--Not later than September 23, 1994,
the Administrator shall develop and distribute pesticide
safety training materials that convey, at a minimum, the
information referred in 40 CFR section 170.230(c)(4).
(b) Implementation.--The Administrator shall assist the
appropriate Federal, State, and tribal agencies in
implementing the pesticide safety training programs required
under 40 CFR part 170.
SEC. 5. DEFINITIONS.
As used in this Act:
(1) The term ``hand labor'' means any agricultural activity
performed by hand or with hand tools that causes a worker to
have substantial contact with surfaces (such as plants, plant
parts, or soil) that may contain pesticide residues. These
activities include, but are not limited to, harvesting,
detasseling, thinning, weeding, topping, planting, sucker
removal, pruning, disbudding, roguing, and packing produce
into containers in the field. The term ``hand labor'' shall
not include operating, moving, or repairing irrigation or
watering equipment or performing the tasks of crop advisors.
(2) The term ``agricultural employer'' means any person who
hires or contracts for the services of workers, for any type
of compensation, to perform activities related to the
production of agricultural plants, or any person who is an
owner of or is responsible for management or condition of an
agricultural establishment that uses such workers.
(3) The term ``worker'' means any person, including a self-
employed person, who is employed for any type of compensation
and who is performing activities relating to the production
of agricultural plants on an agricultural establishment. The
term ``worker'' shall not include any person employed by a
commercial pesticide handling establishment to perform tasks
as a crop advisor.
(4) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
SEC. 6. EFFECTIVE PERIOD.
The provisions in this Act shall be effective until January
1, 1995.
When said bill, as amended, was considered, read twice, ordered to be
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said bill, as amended, was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
Para. 25.17 freedom of access to clinics
On motion of Mrs. SCHROEDER, pursuant to House Resolution 374, the
bill of the Senate (S. 636) to amend the Public Health Service Act to
permit individuals to have freedom of access to certain medical clinics
and facilities, and for other purposes; was taken from the Speaker's
table.
When said bill was considered and read twice.
Mrs. SCHROEDER, pursuant to House Resolution 374, moved to strike out
all after the enacting clause and insert the provisions of H.R. 796, as
passed by the House.
After debate,
Mrs. SCHROEDER moved the previous question on the amendment and the
bill.
Mr. SMITH of New Jersey moved to lay on the table the motion to amend
the Senate bill.
The question being put, viva voce,
Will the House lay on the table the motion to amend the Senate bill?
The SPEAKER pro tempore, Mr. STUDDS, announced that the nays had it.
Mr. SMITH of New Jersey demanded that the vote be taken by the yeas
and nays, which demand was supported by one-fifth of the Members
present, so the yeas and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
175
<3-line {>
negative
Nays
240
Para. 25.18 [Roll No. 68]
YEAS--175
Allard
Applegate
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bevill
Bilirakis
Bliley
Blute
Boehner
Bonilla
Browder
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Clinger
Coble
Collins (GA)
Combest
Costello
Cox
Crane
Crapo
Cunningham
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fields (TX)
Fish
Gallegly
Gekas
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Gunderson
Hall (OH)
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Holden
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Johnson, Sam
Kaptur
Kasich
Kildee
Kim
King
Kingston
Klink
Knollenberg
Kyl
LaFalce
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
McNulty
Mica
Miller (FL)
Mollohan
Moorhead
Myers
Nussle
Oberstar
Ortiz
Packard
Parker
Paxon
Penny
Peterson (MN)
Petri
Pombo
Portman
Poshard
Quillen
Quinn
Rahall
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Sangmeister
Santorum
Sarpalius
Saxton
Schaefer
Sensenbrenner
Shaw
Shuster
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stenholm
Stump
Stupak
Sundquist
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Upton
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
[[Page 284]]
NAYS--240
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Baesler
Barca
Barlow
Barrett (WI)
Becerra
Beilenson
Bereuter
Berman
Bilbray
Bishop
Blackwell
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Coyne
Cramer
Danner
Darden
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilman
Glickman
Gonzalez
Gordon
Greenwood
Gutierrez
Hamburg
Hamilton
Harman
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Horn
Houghton
Hoyer
Huffington
Hughes
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Kanjorski
Kennedy
Kennelly
Kleczka
Klein
Klug
Kolbe
Kopetski
Kreidler
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
Meehan
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Molinari
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Obey
Olver
Orton
Owens
Oxley
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pickle
Pomeroy
Porter
Price (NC)
Pryce (OH)
Ramstad
Rangel
Reed
Reynolds
Richardson
Ridge
Roemer
Rose
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Sisisky
Skaggs
Slattery
Slaughter
Smith (IA)
Snowe
Spratt
Stark
Stokes
Strickland
Studds
Swett
Swift
Synar
Tanner
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Washington
Waters
Waxman
Wheat
Whitten
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Zeliff
Zimmer
NOT VOTING--18
Brown (CA)
Collins (IL)
Farr
Fowler
Gallo
Grandy
Green
Hastings
Johnston
Livingston
Manton
Meek
Michel
Natcher
Rostenkowski
Tucker
Watt
Williams
So the motion to lay on the table the motion to amend the Senate bill
was not agreed to.
A motion to reconsider the vote whereby said motion was not agreed to
was, by unanimous consent, laid on the table.
Mrs. SCHROEDER withdrew the motion on ordering the previous question
on the amendment and the bill.
After further debate,
By unanimous consent, the previous question was ordered on the
amendment and the bill.
The question being put, viva voce,
Will the House agree to the amendment to the bill?
The SPEAKER pro tempore, Mr. STUDDS, announced that the yeas had it.
So the amendment was agreed to.
The Senate bill, as amended, was ordered to be read a third time and
was read a third time by title.
Mr. SMITH of New Jersey moved to commit the Senate bill (S. 636), as
amended, to the Committee on the Judiciary.
By unanimous consent, the previous question was ordered on the motion
to commit.
The question being put, viva voce,
Will the House commit said bill?
The SPEAKER pro tempore, Mr. STUDDS, announced that the nays had it.
Mr. SMITH of New Jersey objected to the vote on the ground that a
quorum was not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
168
When there appeared
<3-line {>
Nays
233
Para. 25.19 [Roll No. 69]
YEAS--168
Allard
Applegate
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bilirakis
Bliley
Blute
Boehner
Bonilla
Browder
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fields (TX)
Fish
Gallegly
Gekas
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Gunderson
Hall (OH)
Hall (TX)
Hancock
Hansen
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Holden
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kanjorski
Kasich
Kildee
Kim
King
Kingston
Klink
Knollenberg
Kyl
LaFalce
Leach
Levy
Lewis (FL)
Lightfoot
Lipinski
Manzullo
McCollum
McCrery
McDade
McHugh
McKeon
McMillan
McNulty
Mica
Miller (FL)
Mollohan
Moorhead
Murtha
Myers
Nussle
Oberstar
Ortiz
Oxley
Packard
Parker
Paxon
Penny
Peterson (MN)
Petri
Pombo
Portman
Poshard
Quillen
Quinn
Rahall
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Sarpalius
Saxton
Sensenbrenner
Shaw
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stenholm
Stump
Stupak
Sundquist
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Upton
Volkmer
Vucanovich
Walker
Walsh
Weldon
Whitten
Wolf
Young (AK)
Young (FL)
NAYS--233
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Baesler
Barca
Barlow
Barrett (WI)
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Coyne
Cramer
Danner
Darden
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Fawell
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilman
Glickman
Gonzalez
Gordon
Greenwood
Gutierrez
Hamburg
Hamilton
Harman
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Horn
Houghton
Hoyer
Huffington
Hughes
Inslee
Jacobs
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Kaptur
Kennedy
Kennelly
Kleczka
Klein
Klug
Kolbe
Kopetski
Kreidler
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Lehman
Levin
Lewis (GA)
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Margolies-Mezvinsky
Markey
Matsui
Mazzoli
McCandless
McCurdy
McHale
McInnis
McKinney
Meehan
Menendez
Meyers
Miller (CA)
Mineta
Minge
Mink
Moakley
Molinari
Montgomery
Moran
Morella
Nadler
Neal (MA)
Neal (NC)
Obey
Olver
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pickle
Pomeroy
Porter
Price (NC)
Pryce (OH)
Ramstad
Rangel
Reed
Reynolds
Richardson
Ridge
Roemer
Rose
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Sisisky
Skaggs
Slattery
Slaughter
Smith (IA)
Snowe
Spratt
Stark
Stokes
Strickland
Studds
Swett
Swift
Synar
Tanner
Thompson
Thornton
Thurman
Torkildsen
Torricelli
Towns
Traficant
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Washington
Waters
Waxman
Wheat
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Zeliff
Zimmer
NOT VOTING--32
Brown (CA)
Collins (IL)
Costello
Dooley
Farr
Fazio
Fowler
Gallo
Grandy
Green
Hastert
Hastings
Jefferson
Johnston
Lewis (CA)
Linder
Livingston
Manton
Martinez
McCloskey
McDermott
Meek
Mfume
Michel
Murphy
Natcher
[[Page 285]]
Rostenkowski
Schaefer
Skelton
Torres
Tucker
Watt
So the motion to commit was not agreed to.
The question being put, viva voce,
Will the House pass said bill, as amended?
The SPEAKER pro tempore, Mr. STUDDS, announced that the yeas had it.
Mr. SMITH of New Jersey demanded a recorded vote on passage of said
bill, as amended, which demand was supported by one-fifth of a quorum,
so a recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
237
<3-line {>
affirmative
Nays
169
Para. 25.20 [Roll No. 70]
AYES--237
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Baesler
Barca
Barlow
Barrett (WI)
Becerra
Beilenson
Bereuter
Berman
Bilbray
Bishop
Blackwell
Boehlert
Bonior
Boucher
Brewster
Brooks
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Coyne
Cramer
Danner
Darden
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilman
Glickman
Gonzalez
Gordon
Greenwood
Gutierrez
Hamburg
Hamilton
Harman
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Horn
Houghton
Hoyer
Huffington
Hughes
Inslee
Jacobs
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Kennedy
Kennelly
Kleczka
Klein
Klug
Kolbe
Kopetski
Kreidler
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Lewis (GA)
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Margolies-Mezvinsky
Markey
Matsui
Mazzoli
McCandless
McCloskey
McCurdy
McHale
McInnis
McKinney
Meehan
Menendez
Meyers
Miller (CA)
Mineta
Minge
Mink
Moakley
Molinari
Montgomery
Moran
Morella
Nadler
Neal (MA)
Neal (NC)
Obey
Olver
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pickle
Pomeroy
Porter
Price (NC)
Pryce (OH)
Ramstad
Rangel
Reed
Reynolds
Richardson
Ridge
Roemer
Rose
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Sisisky
Skaggs
Slattery
Slaughter
Smith (IA)
Snowe
Spratt
Stark
Stokes
Strickland
Studds
Swett
Swift
Synar
Tanner
Thomas (CA)
Thompson
Thornton
Thurman
Torkildsen
Torricelli
Towns
Traficant
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Washington
Waters
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Zeliff
Zimmer
NOES--169
Allard
Applegate
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bevill
Bilirakis
Bliley
Blute
Boehner
Bonilla
Borski
Browder
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Clinger
Coble
Collins (GA)
Combest
Costello
Cox
Crane
Crapo
Cunningham
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Ehlers
Emerson
Everett
Ewing
Fields (TX)
Fish
Gallegly
Gekas
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Gunderson
Hall (OH)
Hall (TX)
Hancock
Hansen
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Holden
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kildee
Kim
King
Kingston
Klink
Knollenberg
Kyl
LaFalce
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Lipinski
Manzullo
McCollum
McCrery
McDade
McHugh
McKeon
McMillan
McNulty
Mica
Miller (FL)
Mollohan
Moorhead
Murtha
Myers
Nussle
Oberstar
Ortiz
Oxley
Packard
Parker
Paxon
Penny
Peterson (MN)
Petri
Pombo
Portman
Poshard
Quillen
Quinn
Rahall
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Sarpalius
Saxton
Sensenbrenner
Shaw
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stenholm
Stump
Stupak
Sundquist
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (WY)
Upton
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
NOT VOTING--27
Brown (CA)
Collins (IL)
Farr
Fowler
Gallo
Grandy
Green
Hastert
Hastings
Jefferson
Johnston
Linder
Livingston
Manton
Martinez
McDermott
Meek
Mfume
Michel
Murphy
Natcher
Rostenkowski
Schaefer
Skelton
Torres
Tucker
Watt
So the bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
amend title 18, United States Code, to assure freedom of access to
reproductive services.''.
A motion to reconsider the votes whereby said bill, as amended, was
passed and the title was amended was, by unanimous consent, laid on the
table.
Mrs. SCHROEDER, pursuant to House Resolution 374, moved that the House
insist on its amendments to the bill of the Senate (S. 636) to amend the
Public Health Service Act to permit individuals to have freedom of
access to certain medical clinics and facilities, and for other
purposes; and request a conference thereon.
After debate,
By unanimous consent, the previous question was ordered.
The question being put, viva voce,
Will the House insist on its amendments and request a conference?
The SPEAKER pro tempore, Mr. STUDDS, announced that the yeas had it.
Mr. SMITH of New Jersey objected to the vote on the ground that a
quorum was not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
228
When there appeared
<3-line {>
Nays
166
Para. 25.21 [Roll No. 71]
YEAS--228
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Barca
Barlow
Barrett (WI)
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Coyne
Cramer
Danner
Darden
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gilman
Glickman
Gonzalez
Gordon
Greenwood
Gutierrez
Hamburg
Hamilton
Harman
Hefner
Hilliard
Hoagland
Hochbrueckner
Horn
Houghton
Huffington
Hughes
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Kaptur
Kennedy
Kennelly
Kleczka
Klug
Kolbe
Kopetski
Kreidler
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Lewis (GA)
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Margolies-Mezvinsky
Markey
Matsui
Mazzoli
McCloskey
McCurdy
McHale
McInnis
McKinney
Meehan
Menendez
Miller (CA)
Mineta
Minge
Mink
Moakley
Molinari
Montgomery
Morella
Nadler
Neal (MA)
Neal (NC)
Obey
Olver
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pomeroy
Porter
Price (NC)
Pryce (OH)
Ramstad
Rangel
Reed
Reynolds
Richardson
Ridge
Roemer
Rose
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Sisisky
Skaggs
Slattery
Slaughter
Smith (IA)
Snowe
Spratt
Stark
Stokes
Strickland
Studds
Swett
Swift
Synar
Tanner
Thompson
Thornton
Thurman
Torkildsen
[[Page 286]]
Torres
Torricelli
Towns
Traficant
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Washington
Waters
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Zeliff
Zimmer
NAYS--166
Allard
Applegate
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bilirakis
Bliley
Blute
Boehner
Bonilla
Browder
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Clinger
Coble
Collins (GA)
Combest
Costello
Cox
Crane
Crapo
Cunningham
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fields (TX)
Fish
Gekas
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Gunderson
Hall (OH)
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Holden
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kanjorski
Kasich
Kildee
Kim
King
Kingston
Klink
Knollenberg
Kyl
LaFalce
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Lipinski
Manzullo
McCollum
McCrery
McDade
McHugh
McKeon
McMillan
McNulty
Mica
Miller (FL)
Mollohan
Moorhead
Murtha
Myers
Nussle
Oberstar
Ortiz
Packard
Parker
Paxon
Penny
Peterson (MN)
Petri
Pombo
Portman
Poshard
Quillen
Quinn
Rahall
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Sarpalius
Saxton
Sensenbrenner
Shaw
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stenholm
Stump
Stupak
Sundquist
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Upton
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
NOT VOTING--39
Baesler
Brown (CA)
Collins (IL)
Dicks
Farr
Foglietta
Ford (MI)
Fowler
Gallegly
Gallo
Grandy
Green
Hastings
Hinchey
Hoyer
Johnston
Klein
Linder
Livingston
Manton
Martinez
McCandless
McDermott
Meek
Meyers
Mfume
Michel
Moran
Murphy
Natcher
Oxley
Pickle
Rostenkowski
Roukema
Schaefer
Skelton
Tucker
Watt
Yates
So said motion was agreed to.
A motion to reconsider the vote whereby the House agreed to insist on
its amendments and request a conference with the Senate was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 25.22 motion to instruct conferees--s. 636
Mr. SENSENBRENNER moved that the managers on the part of the House at
the conference on the disagreeing votes of the two Houses on S. 636, be
instructed to agree to the Senate amendment numbered 1190 (the ``Hatch
amendment'') regarding the protection of religious institutions and the
First Amendment rights of those who worship within them.
After debate,
On motion of Mr. SENSENBRENNER, the previous question was ordered on
the motion to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. STUDDS, announced that the yeas had it.
Mr. SENSENBRENNER demanded a recorded vote on the motion, which demand
was supported by one-fifth of a quorum, so a recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
398
<3-line {>
affirmative
Nays
2
Para. 25.23 [Roll No. 72]
AYES--398
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Lipinski
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manzullo
Margolies-Mezvinsky
Markey
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Menendez
Meyers
Mica
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Washington
Waters
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--2
Nadler
Penny
NOT VOTING--33
Baesler
Bunning
Collins (IL)
Cox
Farr
Ford (MI)
Fowler
Gallegly
Gallo
Grandy
Green
Hastings
Johnson (CT)
Johnston
Linder
Livingston
Manton
Martinez
McDermott
Meek
Mfume
Michel
Murphy
Natcher
Pickle
Rostenkowski
Schaefer
Skelton
Smith (OR)
Sundquist
Tucker
Watt
Yates
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
Para. 25.24 appointment of conferees--s.636
Thereupon, the SPEAKER pro tempore, Mr. HILLIARD, by unanimous
[[Page 287]]
consent, announced the appointment of the following Members as managers
on the part of the House at said conference:
From the Committee on the Judiciary: Messrs. Brooks, Schumer, Edwards
of California, and Conyers, Mrs. Schroeder, and Messrs. Sensenbrenner,
Hyde, and Canady.
From the Committee on Energy and Commerce: Messrs. Dingell, Waxman,
Synar, Moorhead, and Bliley.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 25.25 conference of interparliamentary union
The SPEAKER pro tempore, Mr. HILLIARD, announced that pursuant to the
provisions of 22 United States Code 276a-1, the Speaker did appoint to
the delegation to attend the Conference of the Interparliamentary Union
to be held in Paris, France from March 20, 1994 to March 26, 1994, the
following Members on the part of the House:
Mr. Engel of New York, chairman; Mr. Faleomavaega of American Samoa,
vice chairman; Mr. Payne of New Jersey; Mr. Tanner of Tennessee; and
Miss Collins of Michigan.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 25.26 mexico-u.s. interparliamentary group
The SPEAKER pro tempore, Mr. HILLIARD, announced that pursuant to the
provisions of 22 United Stated Code 276h, the Speaker did appoint to the
as members of the United States Delegation of the Mexico-United States
Interparliamentary Group for the second session of the 103rd Congress,
the following Members of the House:
Mr. de la Garza of Texas, Chairman; Mr. Torricelli of New Jersey, vice
chairman; Mr. Gejdenson of Connecticut; Mr. Coleman of Texas; Mr. Miller
of California; Mr. Rangel of New York; Mr. Matsui of California; Mr.
Gilman of New York; Mr. Goodling of Pennsylvania; Mr. Dreier of
California; Mr. Kolbe of Arizona; and Mr. DeLay of Texas.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 25.27 adjournment over
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That when the House adjourns on Friday, March 18, 1994, it
adjourn to meet at 12 o'clock noon on Monday, March 21, 1994.
Para. 25.28 calendar wednesday business dispensed with
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, March
23, 1994, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
Para. 25.29 house child care center
The SPEAKER pro tempore, Mr. HILLIARD, announced that pursuant to the
provisions of section 312(b)(1)(A) of Public Law 102-90, the Speaker did
appoint to the Advisory Board for the House of Representatives Child
Care Center, from private life, on the part of the House, the following
individuals:
Mrs. Azar Kattan of Washington, DC; Mrs. Debbie Dingell of Trenton,
MI; Mrs. Susan Coughlin of Washington, DC; Mr. David Caskey of
Hyattsville, MD; Mrs. Rebecca Feemster Dye of Washington, DC; Mr.
Donnald Anderson of Washington, DC; Mrs. Sharon Archer of Houston, TX;
Mrs. Janet Bryant of Dallas, TX; Mr. Lee Harrington of Alexandria, VA;
Mr. Ron Haskins of Rockville, MD; Mrs. Rita Kelliher of Washington, DC;
Mrs. Barbara Morris Lent of Arlington, VA; Mrs. Laura Redding of
Alexandria, VA; Mrs. Sylvia Sabo of Minneapolis, MN; and Mrs. Paula
Swift of Bellingham, WA.
Para. 25.30 senate enrolled bill and joint resolutions signed
The SPEAKER announced his signature to an enrolled bill and joint
resolutions of the Senate of the following titles:
S. 1926. An Act to amend the Food Stamp Act of 1977 to
modify the requirments relating to monthly reporting and
staggered issuance of coupons for households residing on
Indian reservations, to ensure adequate access to retail food
stores by food stamp households, and to maintain the
integrity of the Food Stamp Program, and for other purposes.
S.J. Res. 163. Joint resolution to proclaim March 20, 1994,
as ``National Agriculture Day.''
S.J. Res. 162. Joint resolution designating March 25, 1994,
as ``Greek Independence Day: A National Day of Celebration of
Greek and American Democracy.''
Para. 25.31 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. TUCKER, for today after 6 p.m.;
To Mr. GALLO, for today; and
To Mrs. FOWLER, for today after 5 p.m.
And then,
Para. 25.32 adjournment
On motion of Mr. DORNAN, at 11 o'clock and 8 minutes p.m., the House
adjourned.
Para. 25.33 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. JOHNSTON of Florida (for himself, Mr. Murphy,
Mr. Martinez, Mrs. Unsoeld, Mr. Gene Green of Texas,
and Ms. Woolsey):
H.R. 4064. A bill to amend the Job Training Partnership Act
to provide counseling and guidance relating to postsecondary
education options for dislocated workers; to the Committee on
Education Labor.
H.R. 4065. A bill to amend the Higher Education Act of 1965
to make adjustments in the calculation of need for student
assistance for dislocated workers, and for other purposes; to
the Committee on Education and Labor.
By Mr. ROSTENKOWSKI (for himself, Mr. Gibbons, Mr.
Jacobs, Mrs. Kennelly, Mr. Lewis of Georgia, Mr.
Reynolds, Mr. Crane, and Mrs. Johnson of
Connecticut):
H.R. 4066. A bill to suspend temporarily the duty on the
personal effects of participants in, and certain other
individuals associated with, the 1994 World Cup Soccer Games,
the 1994 World Rowing Championships, the 1995 Special
Olympics World Games, the 1996 Summer Olympics, and the 1996
Paralympics; to the Committee on Ways and Means.
By Mr. GONZALEZ:
H.R. 4067. A bill to amend section 203 of the Housing and
Community Development Amendments of 1978 to provide for the
disposition of multifamily properties owned by the Secretary
of Housing and Urban Development, to provide for other
reforms in programs administered by the Secretary, and to
make certain technical amendments, and for other purposes; to
the Committee on Banking, Finance and Urban Affairs.
By Mr. LEHMAN:
H.R. 4068. A bill to improve the health and productivity of
National Forest System lands in the State of California and
to demonstrate the use of ecosystem management as a practical
management program on such lands; jointly, to the Committees
on Natural Resources and Agriculture.
By Miss COLLINS of Michigan:
H.R. 4069. A bill to amend title 18, United States Code, to
include private and commercial interstate carriers in the
mail fraud prohibitions; to the Committee on the Judiciary.
By Miss COLLINS of Michigan (by request):
H.R. 4070. A bill to amend title 18, United States Code, to
provide for criminal and civil penalties for mail and wire
fraud, and for other purposes; jointly, to the Committees on
the Judiciary and Post Office and Civil Service.
H.R. 4071. A bill to amend title 39, United States Code, to
grant the U.S. Postal Service the authority to issue civil
investigative demands, and for other purposes; jointly, to
the Committees on Post Office and Civil Service and the
Judiciary.
By Mr. FORD of Michigan:
H.R. 4072. A bill to amend the Worker Adjustment and
Retraining Notification Act to minimize the adverse effects
of employment dislocation, and for other purposes; to the
Committee on Education and Labor.
By Mr. GREENWOOD (for himself, Mr. Clinger, Mr. Murtha,
Mr. McDade, Mr. Holden, Mr. Walker, Mr. Gekas, Mr.
Murphy, Mr. Ridge, Mr. Klink, Mr. Santorum, Mr.
Kanjorski, Mr. McHale, Mr. Shuster, Mr. Goodling, and
Ms. Margolies-Mezvinsky):
H.R. 4073. A bill to amend the Solid Waste Disposal Act to
permit States and counties to limit the disposal of out-of-
State solid waste, and for other purposes; to the Committee
on Energy and Commerce.
By Mr. HOYER (for himself, Mr. Stupak, and Mr.
Lightfoot):
H.R. 4074. A bill to require the Secretary of the Treasury
to mint coins in commemoration of the National Law
Enforcement Officers Memorial, and for other purposes;
jointly, to the Committees on Banking, Finance and Urban
Affairs and Natural Resources.
By Mrs. KENNELLY:
H.R. 4075. A bill to establish a rapid deployment force; to
the Committee on the Judiciary.
By Mr. UNDERWOOD (for himself and Mr. de Lugo):
H.R. 4076. A bill to amend the Federal Home Loan Bank Act
to provide for the rep-
[[Page 288]]
resentation of Guam and the Virgin Islands on the boards of
directors of the appropriate Federal home loan banks; to the
Committee on Banking, Finance and Urban Affairs.
By Mr. CONDIT (for himself, Mr. Conyers, and Ms.
Velazquez):
H.R. 4077. A bill to establish a code of fair information
practices for health information, to amend section 552a of
title 5, United States Code, and for other purposes; jointly,
to the Committees on Government Operations, the Judiciary,
and Energy and Commerce.
By Mr. DUNCAN (for himself, Mr. Calvert, Mr.
Cunningham, Mr. Doolittle, Mr. Dornan, Mr. Gallegly,
Mr. Kim, Mr. Pombo, Mr. Rohrabacher, Mr. Andrews of
New Jersey, Ms. Danner, Mr. Penny, Mr. Peterson of
Minnesota, Mr. Poshard, Mr. Allard, Mr. Armey, Mr.
Bachus of Alabama, Mr. Baker of Louisiana, Mr.
Ballenger, Mr. Bartlett of Maryland, Mr. Bateman, Mr.
Boehner, Mr. Burton of Indiana, Mr. Buyer, Mr.
Canady, Mr. Crane, Ms. Dunn, Mr. Ewing, Mr. Fawell,
Mr. Gillmor, Mr. Gingrich, Mr. Goodling, Mr.
Gunderson, Mr. Hancock, Mr. Hansen, Mr. Hefley, Mr.
Hobson, Mr. Inglis of South Carolina, Mr. Inhofe, Mr.
Klug, Mr. Kyl, Mr. Lazio, Mr. Lewis of Florida, Mr.
McCandless, Mr. McInnis, Mr. Michel, Mr. Miller of
Florida, Mr. Oxley, Mr. Paxon, Mr. Portman, Mr.
Quillen, Mr. Roberts, Mr. Shays, Mr. Solomon, Mr.
Smith of Oregon, Mr. Smith of Texas, Mr. Stearns, Mr.
Sundquist, Mr. Taylor of North Carolina, Mr. Thomas
of Wyoming, Mrs. Vucanovich, Mr. Walsh, Mr. Young of
Alaska, Mr. Zeliff, and Mr. Zimmer):
H.R. 4078. A bill to amend the act establishing the Golden
Gate National Recreation Area, and for other purposes; to the
Committee on Natural Resources.
By Mr. HYDE:
H.R. 4079. A bill to reform habeas corpus; to the Committee
on the Judiciary.
By Ms. KAPTUR:
H.R. 4080. A bill to suspend until January 1, 1998, the
duty on di-pentaerythritol; to the Committee on Ways and
Means.
By Mr. KLINK (for himself and Ms. McKinney):
H.R. 4081. A bill to establish a Congressional Office for
Public Opinion Research and Assessment; to the Committee on
House Administration.
By Ms. LAMBERT:
H.R. 4082. A bill to require the Secretary of the Interior
to convey the William H. Donham State Fish Hatchery to the
State of Arkansas; to the Committee on Merchant Marine and
Fisheries.
By Mr. LaROCCO:
H.R. 4083. A bill to amend the Wild and Scenic Rivers Act
by designating the Lower Salmon River in Idaho as a component
of the National Wild and Scenic Rivers System, and for other
purposes; to the Committee on Natural Resources.
By Mr. MARTINEZ (for himself, Mr. Ford of Michigan, Mr.
Owens, Mr. Scott, and Mr. Baesler):
H.R. 4084. A bill to amend the Community Services Block
Grant Act to establish a new community initiative program to
carry out economic development activities in economically
distressed communities, to make other amendments to the
Community Services Block Grant, and for other purposes; to
the Committee on Education and Labor.
By Mr. MARTINEZ (for himself, Mr. Sharp, Mr. Ford of
Michigan, and Mr. Dingell):
H.R. 4085. A bill to amend the Low-Income Home Energy
Assistance Act of 1981 to authorize appropriations for fiscal
years 1986 through 1999, remove impediments to the exercise
of States' discretion to shape their programs and to
concentrate their resources on those with the greatest home
energy needs, and for other purposes; jointly, to the
Committees on Education and Labor and Energy and Commerce.
By Mr. PAYNE of New Jersey (for himself, and Mrs.
Marella):
H.R. 4086. A bill to establish a youth development grant
program, and for other purposes; to the Committee on
Education and Labor.
By Ms. PRYCE of Ohio (for herself and Mr. Stupak):
H.R. 4087. A bill to amend title 18, United States Code, to
prevent Federal prisoners from engaging in activities to
increase their strength or fighting ability while in prison;
to the Committee on the Judiciary.
By Mr. SLATTERY:
H.R. 4088. A bill to amend title 38, United States Code, to
provide a cost-of-living adjustment in the rates of
disability compensation for veterans with service-connected
disabilities and the rates of dependency and indemnity
compensation for survivors of such veterans; to the Committee
on Veterans' Affairs.
By Mr. STARK (for himself, Mr. Durbin, Mr. Hansen, Mr.
Waxman, Mr. Synar, Mr. Evans, Mr. Oberstar, Mr.
Andrews of Texas, Mr. Meehan, Mr. Visclosky, Ms.
Harman, Ms. Roybal-Allard, and Mr. Markey):
H.R. 4089. A bill to amend the Internal Revenue Code of
1986 to increase the tax on tobacco products, and for other
purposes; to the Committee on Ways and Means.
By Mr. CAMP (for himself, Mr. Barcia of Michigan, Mr.
Bartlett of Maryland, Mr. Coble, Mr. Pete Geren of
Texas, Mr. Roth, Mr. Walsh, Mr. Quinn, Mrs.
Vucanovich, Mrs. Thurman, Mr. McNulty, Mr. Frost, Mr.
Klug, Mr. Solomon, Mr. Brewster, Mr. Peterson of
Minnesota, Mr. Faleomavaega, and Mr. Emerson):
H.J. Res. 341. Joint resolution to designate the week of
November 15 through 22 as ``National Sportsmen's Instruction
Week''; to the Committee on Post Office and Civil Service.
By Mr. SCHUMER:
H. Con. Res. 225. Concurrent resolution concerning the 27th
anniversary of the reunification of Jerusalem; to the
Committee on Foreign Affairs.
By Mr. MACHTLEY:
H. Con. Res. 226. Concurrent resolution expressing the
sense of Congress that any welfare reform legislation which
requires recipients of aid to families with dependent
children to find employment within a certain time as a
condition of receiving benefits should exempt recipients who
collect benefits from a State with an unemployment rate that
is at least 110 percent of the national average unemployment
rate; to the Committee on Ways and Means.
By Mr. RAHALL (for himself and Mr. Bonior)
H. Res. 390. Resolution expressing the sense of the House
of Representatives regarding the Hebron massacre and the
Middle East peace process; jointly, to the Committees on
Foreign Affairs and the Judiciary.
By Mr. DREIER (for himself, Mr. Lewis of California,
Mr. Huffington, Mr. Packard, Mr. Gallegly, Mr.
Herger, Mr. McKeon, Mr. Calvert, Mr. Horn, Mr. Royce,
Mr. Dornan, and Mr. Kim):
H. Res. 391. Resolution expressing the sense of the House
of Representatives that the State of California should enact
legislation to make the State's indeterminate sentencing
system applicable to all serious violent crimes, while
continuing to provide and maintain any current minimum
sentences for such crimes; to the Committee on the Judiciary.
By Mr. DELLUMS:
H. Res. 392. Resolution expressing the sense of the House
that the Governor of the State of California, or the
California Board of Prison Terms, or both, should take
actions within their power to bring about the reconsideration
of the 1972 conviction and/or the immediate release from
prison of Elmer ``Geronimo'' Pratt, and that the Judiciary
Committee should inquire into the information known to the
Federal Bureau of Investigation, which was not released to
the California Attorney General and courts in 1980; to the
Committee on the Judiciary.
Para. 25.34 memorials
Under clause 4 of rule XXII,
313. The SPEAKER presented a memorial of the Senate of the
State of Arizona, relative to requesting the Congress to
support, develop and fund North-South trade corridors and
transportation infrastructure improvements; which was
referred to the Committee on Public Works and Transportation.
Para. 25.35 private bills and resolutions
Under clause 1 of rule XXII,
Mr. McMILLAN introduced a bill (H.R. 4090) to authorize the
Secretary of Transportation to issue a certificate of
documentation with appropriate endorsement for employment in
the coastwise trade for the vessel Seascape; which was
referred to the Committee on Merchant Marine and Fisheries.
Para. 25.36 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 28: Mr. McHale.
H.R. 56: Mr. Kleczka and Mr. Livingston.
H.R. 65: Mr. Ravenel.
H.R. 123: Mr. Pombo, Mr. King, Mr. Talent, and Mr. Boehner.
H.R. 124: Mr. Pombo and Mr. Foglietta.
H.R. 665: Mr. Pomeroy.
H.R. 786: Mr. Wilson.
H.R. 979: Mr. Chapman.
H.R. 1155: Mr. Cramer.
H.R. 1314: Mr. Frank of Massachusetts.
H.R. 1322: Mr. Knollenberg.
H.R. 1330: Mr. Kasich, Mr. Camp, Mr. Blute, Mr. Manzullo,
Mr. Canady, Mr. Minge, Mr. Smith of Michigan, Mr. Inglis of
South Carolina, Mr. Rose, Mr. Rohrabacher, Mr. Hutto, Mr.
Santorum, Mr. Kolbe, Mr. Knollenberg, Mr. Whitten, and Ms.
Danner.
H.R. 1528: Mr. Barrett of Nebraska.
H.R. 1595: Mr. Talent.
H.R. 1671: Mrs. Mink of Hawaii.
H.R. 1712: Mr. Doolittle.
H.R. 1864: Mr. Calvert.
H.R. 1900: Mr. Obey.
H.R. 1980: Mr. Murphy.
H.R. 1986: Manzullo.
H.R. 2394: Mr. Martinez and Mr. Andrews of Maine.
H.R. 2395: Mr. Martinez and Mr. Andrews of Maine.
H.R. 2536: Mr. Lafalce, Mr. Wynn, Mr. Mineta, and Mrs.
Thurman.
H.R. 2537: Mr. Lafalce, Mr. Wynn, Mr. Smith of New Jersey,
Mr. Mineta, and Mrs. Thurman.
H.R. 2538: Mr. LaFalce, Mr. Wyden, Mr. Mineta, and Mrs.
Thurman.
H.R. 2539: Mr. LaFalce, Mr. Wynn, Mr. Mineta, and Mrs.
Thurman.
H.R. 2540: Mr. Lafalce, Mr. Wynn, and Mrs. Thurman.
[[Page 289]]
H.R. 2638: Mr. Conyers, Mr. Rangel, Mr. Costello, Mr.
Deutsch, and Mr. Meehan.
H.R. 2664: Ms. Danner.
H.R. 2859: Mr. Canady, Mr. King, Mr. Frank of
Massachusetts, and Mr. Petri.
H.R. 2866: Mr. McCloskey, Ms. Slaughter, and Mr. Kildee.
H.R. 2939: Ms. Eddie Bernice Johnson of Texas.
H.R. 2955: Mr. McHale.
H.R. 3017: Mr. Gene Green of Texas.
H.R. 3025: Mr. Fingerhut, Mr. Evans, Mr. Foglietta, and Mr.
Olver.
H.R. 3145: Mr. Bonilla, Mr. Deal, and Mr. Hyde.
H.R. 3251: Mr. Upton, Mr. Frost, Mr. Baker of Louisiana,
Mr. Peterson of Minnesota, Mr. Royce, Mr. Livingston, Mr.
Paxon, and Mr. Smith of Michigan.
H.R. 3290: Mr. Evans, Mr. Foglietta, and Ms. Velazquez.
H.R. 3293: Mr. Foglietta.
H.R. 3337: Mr. Nadler and Mr. Shays.
H.R. 3360: Mr. Sabo, Mrs. Bentley, and Mr. Hoyer.
H.R. 3363: Mrs. Thurman.
H.R. 3367: Mr. Stump, Mr. Hancock, and Mrs. Thurman.
H.R. 3372: Mr. Nadler, Mr. Lewis of California, Mr. Mfume,
Ms. Waters, Mr. Pickle, Mr. Yates, and Mr. Sawyer.
H.R. 3415: Mr. Engel, Mr. de Lugo, Mr. Torres, and Mr. de
la Garza.
H.R. 3449: Mr. Barcia of Michigan, Mr. Blute, Mr. Bunning,
Mr. DeLay, Mr. Ehlers, Mr. Faleomavaega, Mr. Gallegly, Mr.
Gene Green of Texas, Mr. Hastert, Mr. King, Mr. Knollenberg,
Mr. Linder, Mr. Livingston, Mrs. Lloyd, Mr. McHugh, Mr.
Parker, Ms. Pryce of Ohio, Mr. Schiff, and Mr. Shays.
H.R. 3492: Mr. Kopetski.
H.R. 3633: Mr. Canady, Mr. Bachus of Alabama, Mr. Franks of
New Jersey, Mr. Young of Alaska, Mr. Allard, Mr. Hoekstra,
Mr. DeLay, Mr. Burton of Indiana, Mr. Livingston, Mr. Buyer,
Mr. Kim, Mr. Hoke, Mr. McKeon, Mrs. Vucanovich, and Mr.
Talent.
H.R. 3796: Mr. Hoekstra, Mr. Torkildsen, and Mr. Fields of
Texas.
H.R. 3808: Mr. Ford of Tennessee.
H.R. 3811: Mr. Dornan.
H.R. 3835: Mr. Minge, Mr. Solomon, Mr. Pombo, Ms. Dunn, Mr.
Royce, Mr. Inhofe, Mr. Knollenberg, Ms. Pryce of Ohio, Mr.
McInnis, Mr. Grams, Mr. Huffington, Mr. Istook, Mr.
Hutchinson, Mr. Diaz-Balart, Mr. McKeon, Mr. Linder, Mr.
Dickey, Mr. Hancock, Mr. Klug, Mr. Gingrich, Mr. Ewing, Mr.
Armey, Mr. McCollum, Mr. DeLay, Mr. Paxon, Mr. Ballenger, Mr.
Gunderson, Mr. Miller of Florida, Mr. Weldon, Mr. Bonilla,
Mr. Everett, Mr. Blute, Mr. Goodlatte, Mr. Calvert, Mr.
Thomas of Wyoming, Mr. Baker of California, and Mr. Ramstad.
H.R. 3866: Mr. Kanjorski, Ms. Lowey, Mr. Meehan, Mr.
Reynolds, Mr. Pastor, Mr. Menendez, and Mr. Kreidler.
H.R. 3870: Mr. Mazzoli and Mr. Frost.
H.R. 3925: Mr. Derrick, Ms. Velazquez, Mr. Parker, Mr.
Spence, Mrs. Unsoeld, Ms. Slaughter, and Mr. Mineta.
H.R. 3935: Mr. Houghton.
H.R. 3955: Mr. Neal of North Carolina and Mr. Greenwood.
H.R. 3969: Mr. Johnson of Georgia, Mr. Talent, Mr.
Brewster, Mr. Gekas, Mr. Skeen, Mr. Burton of Indiana, and
Mr. Regula.
H.R. 4024: Mr. Rogers.
H.R. 4034: Mr. Schumer, Mr. Abercrombie, Mr. Traficant, Mr.
Deal, Mr. Romero-Barcelo, Mr. Dooley, Mr. Barrett of
Wisconsin, Mr. Deutsch, Mr. Underwood, Mrs. Mink of Hawaii,
Mr. Coyne, Ms. DeLauro, Ms. Pelosi, Mr. LaFalce, and Mr.
Kildee.
H.R. 4050: Mr. Hochbrueckner, Mr. Murtha, Mr. DeFazio, Mr.
Fazio, Mr. Gibbons, Mr. Kildee, and Ms. Pelosi.
H.R. 4060: Mr. Frost.
H.J. Res. 107: Ms. Slaughter.
H.J. Res. 119: Mrs. Meek of Florida.
H.J. Res. 203: Mr. Hobson.
H.J. Res. 253: Mr. Kildee, Mr. Volkmer, Mr. Montgomery, Mr.
Pomeroy, Mr. Pallone, Mrs. Vucanovich, Mr. Towns, Mr.
Serrano, Mr. Gilman, Mr. Holden, Mr. Spratt, Mr. Clyburn, Mr.
Cooper, Mr. Clement, Mr. Hansen, and Mr. Sanders.
H.J. Res. 297: Ms. Brown of Florida.
H.J. Res. 304: Mr. Kreidler, Mr. Stokes, Mr. McHugh, Mr.
Boehlert, Mr. Vento, Mr. Kennedy, Mr. Scott, and Mrs.
Thurman.
H.J. Res. 314: Ms. DeLauro, Mr. Hilliard, Mr. Lantos, Mrs.
Kennelly, Mr. Kreidler, Mr. Frank of Massachusetts, Mr.
Blute, Mr. Meehan, Mr. Dixon, and Mr. Klein.
H.J. Res. 325: Mr. Natcher, Mr. Pallone, Mr. Richardson,
Mr. Dingell, Mr. Spratt, Mrs. Morella, Mr. Valentine, Mr.
Greenwood, Mr. Yates, Mr. Lehman, Mr. Borski, Mr. Dicks, Mr.
Skeen, Mr. Hansen, and Mr. Serrano.
H.J. Res. 329: Mr. Abercrombie, Mr. Ackerman, Mr. Andrews
of New Jersey, Mr. Applegate, Mr. Archer, Mr. Bacchus of
Florida, Mr. Baker of California, Mr. Ballenger, Mr. Barrett
of Wisconsin, Mr. Bateman, Mr. Becerra, Mrs. Bentley, Mr.
Berman, Mr. Bilbray, Mr. Bilirakis, Mr. Blackwell, Mr.
Bliley, Mr. Blute, Mr. Borski, Mr. Brewster, Mr. Brown of
Ohio, Ms. Byrne, Mr. Cardin, Mr. Carr, Mr. Castle, Mr.
Clement, Mr. Clinger, Mr. Clyburn, Mr. Coble, Mr. Coleman,
Mr. Collins of Georgia, Mr. Conyers, Mr. Cooper, Mr.
Coppersmith, Mr. Costello, Mr. Cox, Mr. Coyne, Mr. Cramer,
Mr. Darden, Mr. Deal, Mr. DeFazio, Ms. DeLauro, Mr. Deutsch,
Mr. Dickey, Mr. Doolittle, Mr. Dornan, Mr. Duncan, Ms. Dunn,
Mr. Durbin, Mr. Emerson, Mr. Engel, Ms. Eshoo, Mr. Evans, Mr.
Ewing, Mr. Faleomavaega, Mr. Farr, Mr. Fawell, Mr. Filner,
Mr. Fingerhut, Mr. Fish, Mr. Flake, Mr. Foglietta, Mr. Ford
of Tennessee, Mrs. Fowler, Mr. Franks of New Jersey, Mr.
Franks of Connecticut, Mr. Frost, Mr. Gallo, Mr. Gekas, Mr.
Pete Geren of Texas, Mr. Gillmor, Mr. Gilman, Mr. Gonzalez,
Mr. Grams, Mr. Greenwood, Mr. Gunderson, Mr. Gutierrez, Mr.
Hastert, Mr. Hastings, Mr. Hefner, Mr. Hilliard, Mr. Hinchey,
Mr. Hoagland, Mr. Hochbrueckner, Mr. Horn, Mr. Houghton, Mr.
Hoyer, Mr. Hughes, Mr. Hunter, Mr. Hutchinson, Mr. Hutto, Mr.
Hyde, Mr. Inhofe, Mr. Inslee, Mr. Jacobs, Mr. Jefferson, Mrs.
Johnson of Connecticut, Mr. Johnson of South Dakota, Mr.
Johnston of Florida, Mr. Kennedy, Mrs. Kennelly, Mr. Kildee,
Mr. King, Mr. Kleczka, Mr. Klein, Mr. Klink, Mr. Klug, Mr.
Knollenberg, Mr. Kopetski, Mr. Lantos, Mr. Lazio, Mr. Leach,
Mr. Lehman, Mr. Levin, Mr. Levy, Mr. Lewis of California, Mr.
Lewis of Georgia, Mr. Livingston, Mrs. Lloyd, Ms. Lowey, Mr.
Machtley, Mrs. Maloney, Mr. Mann, Mr. Manton, Ms. Margolies-
Mezvinsky, Mr. Mazzoli, Mr. McCloskey, Mr. McCollum, Mr.
McCrery, Mr. McHale, Mr. McHugh, Mr. McInnis, Ms. McKinney,
Mr. McNulty, Mr. Meehan, Mrs. Meek of Florida, Mr. Michel,
Mr. Mineta, Mr. Minge, Mr. Lancaster, Mr. Baesler, Ms.
Kaptur, Mr. Menendez, Mr. Roberts, Mr. Rogers, Mr. Rose, Mr.
Rowland, Mr. Rush, Mr. Sabo, Mr. Sanders, Mr. Sangmeister,
Mr. Sawyer, Mr. Saxton, Mr. Schiff, Mr. Moakley, Ms.
Molinari, Mr. Montgomery, Mr. Moran, Mrs. Morella, Mr.
Murphy, Mr. Nadler, Mr. Natcher, Mr. Neal of Massachusetts,
Mr. Neal of North Carolina, Ms. Norton, Mr. Oberstar, Mr.
Obey, Mr. Olver, Mr. Orton, Mr. Owens, Mr. Pallone, Mr.
Pastor, Mr. Paxon, Mr. Payne of New Jersey, Mr. Peterson of
Minnesota, Mr. Quillen, Mr. Quinn, Mr. Ramstad, Mr. Ravenel,
Mr. Reed, Mr. Reynolds, Mr. Richardson, Mr. Underwood, Mr.
Schumer, Mr. Scott, Mr. Serrano, Mr. Sharp, Mr. Shaw, Mr.
Shays, Mr. Sisisky, Mr. Slattery, Mr. Smith of New Jersey,
Mr. Spratt, Mr. Sundquist, Mr. Swett, Mr. Synar, Mr. Tanner,
Mr. Taylor of Mississippi, Mr. Tejeda, Mr. Thornton, Mrs.
Thurman, Mr. Torres, Mr. Torricelli, Mr. Traficant, Mr.
Tucker, Mrs. Unsoeld, Mr. Upton, Mr. Valentine, Ms.
Velazquez, Mr. Vento, Mrs. Vucanovich, Mr. Walsh, Mr.
Washington, Mr. Waxman, Mr. Wheat, Mr. Whitten, Mr. Wolf, Ms.
Woolsey, Mr. Wyden, Mr. Yates, Mr. Young of Florida, Mr.
Young of Alaska, and Mr. Zimmer.
H.J. Res. 333: Mr. Borski and Mr. Brown of Ohio.
H.J. Res. 335: Mr. Lipinski, Mr. Sarpalius, Mr. McNulty,
and Mr. Peterson of Minnesota.
H. Con. Res. 15: Mr. Brown of California.
H. Con. Res. 35: Mr. Inslee and Mr. Bliley.
H. Con. Res. 84: Mr. Richardson and Mr. Inslee.
H. Con. Res. 124: Mr. Gallegly, Mr. King, Ms. Eshoo, Mrs.
Schroeder, Mr. Pickle, Mr. Peterson of Florida, and Mr.
Bilbray.
H. Con. Res. 141: Mr. Petri.
H. Con. Res. 179: Mr. Engel.
H. Con. Res. 199: Mr. Smith of Oregon, Mr. Hastert, Mr.
Crapo, Mr. Goodlatte, Mrs. Vucanovich, Mr. Hoekstra, Mr.
Hutchinson, Mr. Lazio, Mr. Skeen, Mr. Weldon, Mr. Bartlett of
Maryland, Mr. Spence, Mr. Hunter, Mr. Cunningham, Mrs.
Bentley, Ms. Pryce of Ohio, Mr. Hobson, Mr. Emerson, Mr.
Houghton, Mr. Schiff, Mr. Pombo, Mr. Hoke, Mr. Bonilla, Mr.
Hyde, Mrs. Meyers of Kansas, Mr. Kingston, Mr. Upton, Ms.
Molinari, Mr. Dickey, Ms. Ros-Lehtinen, Mr. Roberts, Mr.
Dornan, Mr. Boehlert, Mr. Ballenger, Mr. McHugh, and Mr.
DeLay.
H. Con. Res. 210: Mr. Gingrich, Mr. Baker of California,
Mr. Gunderson, Mr. Franks of Connecticut, Mr. Matsui, and
Mrs. Bentley.
H. Res. 255: Mr. Klug, Mr. Knollenberg, Mr. Buyer, Mr.
Baker of California, Mr. Franks of New Jersey, and Mr.
Beilenson.
H. Res. 389: Mr. Klein and Mr. Kleczka.
.
FRIDAY, MARCH 18, 1994 (26)
Para. 26.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
MONTGOMERY, who laid before the House the following communication:
Washington, DC,
March 18, 1994.
I hereby designate the Honorable G.V. (Sonny) Montgomery to
act as Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Para. 26.2 approval of the journal
The SPEAKER pro tempore, Mr. MONTGOMERY, announced he had examined and
approved the Journal of the proceedings of Thursday, March 17, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 26.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2792. A communication from the President of the United
States, transmitting his request for emergency fiscal year
1994 supplemental appropriations totaling $103 million in
budget authority for the Departments of Commerce, Housing and
Urban Development,
[[Page 290]]
the Interior, Labor, Transportation, and Veterans Affairs,
and the Corporation for National and Community Service,
pursuant to 31 U.S.C. 1107 (H. Doc. No. 103-224); to the
Committee on Appropriations and ordered to be printed.
2793. A letter from the Secretary of Health and Human
Services, transmitting a draft of proposed legislation
entitled ``Community Services Block Grant Amendments of
1994''; to the Committee on Education and Labor.
Para. 26.4 interparliamentary union conference
The SPEAKER pro tempore, Mr. FILNER, pursuant to the provisions of 22
United States Code 276a-1 and on behalf of the Speaker, by unanimous
consent, appointed to attend the Conference of the Interparliamentary
Union to be held in Paris, France, from March 20 to March 26, 1994, the
following Members on the part of the House: Messrs. Hilliard, Thompson,
and Dornan.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 26.5 recess--12:55 p.m.
The SPEAKER pro tempore, Mr. FILNER, pursuant to clause 12 of rule I,
subject to the call of the Chair.
Para. 26.6 after recess--10:38 p.m.
The SPEAKER pro tempore, Mr. BROOKS, called the House to order.
Para. 26.7 senate bill referred
A bill of the Senate of the following title was taken from the
Speaker's table and, under the rule, referred as follows:
S. 1458. An Act to amend the Federal Aviation Act of 1958
to establish time limitations on certain civil actions
against aircraft manufacturers, and for other purposes; to
the Committee on the Judiciary and the Committee on Public
Works and Transportation.
And then,
Para. 26.8 adjournment
The SPEAKER pro tempore, Mr. BROOKS, by unanimous consent, and
pursuant to the special order agreed to on March 17, 1994, at 10 o'clock
and 39 minutes p.m., declared the House adjourned until 12 o'clock noon
on Monday, March 21, 1994.
Para. 26.9 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. MILLER of California: Committee on Natural Resources,
H.R. 3516. A bill to increase the amount authorized to be
appropriated for assistance for highway relocation regarding
the Chickamauga and Chattanooga National Military Park in
Georgia; with an amendment (Rept. No. 103-437). Referred to
the Committee of the Whole House on the State of the Union.
Para. 26.10 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. WAXMAN (for himself, Mr. Synar, and Mr. Torres):
H.R. 4091. A bill to amend the Federal Food, Drug, and
Cosmetic Act to revise the authority under that act to
regulate pesticide chemical residues in food; to the
Committee on Energy and Commerce.
By Mr. BROOKS (for himself, Mr. Edwards of California,
Mr. Hughes, and Mr. Schumer):
H.R. 4092. A bill to control and prevent crime; jointly, to
the Committees on the Judiciary; Education and Labor; Energy
and Commerce; Banking, Finance and Urban Affairs; and
Government Operations.
By Mr. CONYERS:
H.R. 4093. A bill to secure the voting rights of former
felons who have been released from incarceration; to the
Committee on the Judiciary.
By Mr. GEKAS (for himself, Mr. Schumer, Mr. Fish, Mr.
Hyde, Mr. Schiff, Mr. Ramstad, Mr. Rahall, Mr.
McDade, Mr. Hastings, Mr. Johnson of Georgia, Mr.
Shaw, Mr. Saxton, Mr. Kreidler, Mr. Quinn, Mr.
Poshard, Mr. Pomeroy, Mr. Bateman, Mrs. Byrne, Mr.
Wolf, Mr. Cooper, Mr. Hilliard, Mr. Gene Green of
Texas, Mr. Goodling, Mr. Walsh, Mr. Royce, Mr.
Stearns, Mr. Barrett of Wisconsin, Mr. Fingerhut, Mr.
Pete Geren of Texas, Mr. Reynolds, Mrs. Thurman, Mr.
Crapo, Mr. Doolittle, Ms. Slaughter, Mr. Lipinski,
Mr. Filner, and Mr. Frost):
H.J. Res. 342. Joint resolution designating April 24
through April 30, 1994, as ``National Crime Victims' Rights
Week''; to the Committee on Post Office and Civil Service.
By Mr. DORNAN:
H. Con. Res. 227. Concurrent resolution expressing the
sense of the Congress with respect to protecting the privacy
rights of Federal employees; to the Committee on Post Office
and Civil Service.
Para. 26.11 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 417: Mr. Fish, Mr. Brown of Ohio, and Mr. Deal.
H.R. 672: Mr. Payne of New Jersey.
H.R. 955: Mr. Pickle.
H.R. 1671: Mr. Shuster, Ms. Lambert, Ms. Long, Mr. Hutto,
Mr. McCrery, and Ms. Slaughter.
H.R. 2544: Mr. Glickman, Mr. Martinez, Mr. McNulty, Mr.
Klein, Mr. Nadler, and Mr. Fish.
H.R. 2569: Mr. Torkildsen.
H.R. 2927: Mrs. Thurman.
H.R. 3546: Mr. Hefner, Ms. Long, Mr. Stearns, Mr.
Sarpalius, Mr. Myers of Indiana, Mr. Machtley, and Mr.
Spratt.
H.R. 3795: Mr. Gingrich.
H.R. 3943: Mr. Quinn, Mrs. Fowler, Mr. McHugh, and Mr.
Klug.
H.R. 4050: Mr. Hoagland and Mr. McCurdy.
H.R. 4078: Mr. Manzullo.
H.J. Res. 317: Mr. Pickett, Mr. Buyer, and Ms. Woolsey.
H. Con. Res. 202: Mr. Ramstad and Mr. Gillmor.
.
MONDAY, MARCH 21, 1994 (27)
The House was called to order by the SPEAKER.
Para. 27.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Friday, March 18, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 27.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2794. A communication from the President of the United
States, transmitting a request to make available
appropriations in budget authority for the Department of
Commerce, pursuant to Public Law 99-177, sec. 251(b)(2)(D)(i)
(H. Doc. No. 103-225); to the Committee on Appropriations and
ordered to be printed.
2795. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to Russia, pursuant to 12
U.S.C. 635(b)(3)(i); to the Committee on Banking, Finance and
Urban Affairs.
2796. A letter from the Executive Director, Thrift
Depositor Protection Oversight Board, transmitting a report
pursuant to section 21A(k)(9) of the Federal Home Loan Bank
Act; to the Committee on Banking, Finance and Urban Affairs.
2797. A letter from the Deputy Director, Defense Security
Assistance Agency, transmitting notification of the
Department of the Navy's proposed Letter(s) of Offer and
Acceptance [LOA] to Greece for defense articles and services
(Transmittal No. 94-15), pursuant to 22 U.S.C. 2776(b); to
the Committee on Foreign Affairs.
2798. A letter from the Director, Office of Management and
Budget, transmitting OMB estimate of the amount of change in
outlays or receipts, as the case may be, in each fiscal year
through fiscal year 1998 resulting from passage of H.R. 2339,
pursuant to Pub. L. 101-508, Sec. 13101(a) (104 State. 1388-
582); to the Committee on Government Operations.
2799. A letter from the Director for Administration and
Management, Office of the Secretary of Defense, transmitting
the calendar year 1993 report on ``Extraordinary Contractual
Actions to Facilitate the National Defense,'' pursuant to 50
U.S.C. 1434; to the Committee on Government Operations.
2800. A letter from the Comptroller General, General
Accounting Office, transmitting the list of all reports
issued or released in February 1994, pursuant to 31 U.S.C.
719(h); to the Committee on Government Operations.
2801. A letter from the Vice President, Corporation for
National and Community Service, transmitting a report of
activities under the Freedom of Information Act for calendar
year 1993, pursuant to 5 U.S.C. 552(d); to the Committee on
Government Operations.
2802. A letter from the General Manager, Defense Nuclear
Facilities Safety Board, transmitting a report of activities
under the Freedom of Information Act for calendar year 1993,
pursuant to 5 U.S.C. 552(d); to the Committee on Government
Operations.
2803. A letter from the Administrator, National Aeronautics
and Space Administration, transmitting a report of activities
under the Freedom of Information Act for calendar year 1993,
pursuant to 5 U.S.C. 552(d); to the Committee on Government
Operations.
2804. A letter from the Director, Officer of Science and
Technology Policy, transmitting a report of activities under
the Freedom of Information Act for calendar year 1993,
pursuant to 5 U.S.C. 552(d); to the Committee on Government
Operations.
2805. A letter from the Secretary of Defense, transmitting
a statement of assurance regarding the internal controls and
financial systems for fiscal year 1993, pursuant to 31 U.S.C.
3512(c)(3); to the Committee on Government Operations.
2806. A letter from the Senior Attorney, U.S. Copyright
Office, transmitting a report of activities under the Freedom
of Informa-
[[Page 291]]
tion Act for calendar year 1993, pursuant to 5 U.S.C. 552(d);
to the Committee on Government Operations.
2807. A letter from the Deputy Director, U.S. Office of
Government Ethics, transmitting a report of activities under
the Freedom of Information Act for calendar year 1993,
pursuant to 5 U.S.C. 552(d); to the Committee on Government
Operations.
2808. A letter from the Secretary of Defense, transmitting
his views on the balanced budget amendment; to the Committee
on the Judiciary.
2809. A letter from the Administrator, Federal Aviation
Administration, transmitting the final report on assessment
of threats to domestic airport security, pursuant to Public
Law 101-604, section 106(d) (104 Stat. 3075); to the
Committee on Public Works and Transportation.
2810. A letter from the Secretary, Department of Veterans
Affairs, transmitting the 1993 annual report of the
activities of the Secretary of Veterans Affairs, and the
Veterans' Advisory Committee on Rehabilitation annual report,
fiscal year 1993, pursuant to 38 U.S.C. 214, 221(c), 664 and
3121(c); to the Committee on Veterans' Affairs.
2811. A letter from the Secretary of Veterans, transmitting
a draft of proposed legislation to amend title 38, United
States Code, to clarify the coverage and protection provided
to medical quality assurance records by section 5705 of that
title; jointly, to the Committees on Veterans' Affairs and
Government Operations.
Para. 27.3 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed with amendments in which the concurrence of
the House is requested, a bill of the House of the following title:
H.R. 2139. An Act to amend title 44, United States Code, to
authorize appropriations for the National Historical
Publications and Records Commission.
The message also announced that the Senate agreed to the amendments
of the House to the joint resolution (S.J. Res. 56) ``Joint resolution
to designate the week beginning April 12, as National Public Safety
Telecommunications Week.''
The message also announced that the Senate had passed a bill and a
joint resolution of the following titles, in which the concurrence of
the House is requested:
S. 1636. An Act to authorize appropriations for the Marine
Mammal Protection Act of 1972 and to improve the program to
reduce the incidental taking of marine mammals during the
course of commercial fishing operations, and for other
purposes.
S.J. Res. 171. Joint resolution to designate March 20
through March 26, 1994, as ``Small Family Farm Week.''
Para. 27.4 money laundering suppression
Mr. GONZALEZ moved to suspend the rules and pass the bill (H.R. 3235)
to amend subchapter II of chapter 53 of title 31, United States Code, to
improve enforcement of antimoney laundering laws, and for other
purposes; as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. GONZALEZ and
Mr. LEACH, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 27.5 multi-family housing property disposal reform
Mr. GONZALEZ moved to suspend the rules and pass the bill (H.R. 4067)
to amend section 203 of the Housing and Community Development Amendments
of 1978 to provide for the disposition of multifamily properties owned
by the Secretary of Housing and Urban Development, to provide for other
reforms in programs administered by the Secretary, and to make certain
technical amendments, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. GONZALEZ and
Mrs. ROUKEMA, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. YATES objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Tuesday, March 22, 1994.
The point of no quorum was considered as withdrawn.
Para. 27.6 submission of conference report--s. 1284
Mr. WAXMAN submitted a conference report (Rept. No. 103-442) on the
bill of the Senate (S. 1284) to amend the Developmental Disabilities
Assistance and Bill of Rights Act to expand or modify certain provisions
relating to programs for certain individuals with developmental
disabilities, Federal assistance for priority area activities for
individuals with developmental disabilities, protection and advocacy of
individual rights, university affiliated programs, and projects of
national significance, and for other purposes; together with a statement
thereon, for printing in the Record under the rule.
Para. 27.7 marine mammal pretection act authorization
Mr. STUDDS moved to suspend the rules and pass the bill (H.R. 2760) to
authorize the Marine Mammal Protection Act for a period of 6 years, to
establish a new regime to govern the incidental taking of marine mammals
in the course of commercial fishing operations, and for other purposes;
as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. STUDDS and Mr.
FIELDS of Texas, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
authorize the Marine Mammal Protection Act of 1972 for 6 fiscal years,
to establish a new regime to govern the incidental taking of marine
mammals in the course of commercial fishing operations, and for other
purposes.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 27.8 vessel ballast water management
Mr. STUDDS moved to suspend the rules and pass the bill (H.R. 3360) to
direct the Secretary of Transportation to demonstrate on vessel ballast
water management technologies and practices, including vessel
modification and design, that will prevent aquatic nonindigenous species
from being introduced and spread in United States waters; as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. STUDDS and Mr.
FIELDS of Texas, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
demonstrate ballast water management technologies, and practices on
vessels, including vessel modification and design, that will prevent
aquatic nonindigenous species from being introduced and spread in United
States waters.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
[[Page 292]]
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 27.9 recreational boating safety improvement
Mr. STUDDS moved to suspend the rules and pass the bill (H.R. 3786) to
amend title 46, United States Code, to establish requirements to ensure
safe operation of recreational vessels, to require allocation of State
recreational boating safety program assistance based on State adoption
of laws regarding boating while intoxicated, and for other purposes; as
amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. STUDDS and Mr.
FIELDS of Texas, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 27.10 flower garden banks boundaries
Mr. STUDDS moved to suspend the rules and pass the bill (H.R. 3886) to
amend the boundaries of the Flower Garden Banks National Marine
Sanctuary; as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. STUDDS and Mr.
FIELDS of Texas, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 27.11 noaa great lakes office
Mr. STUDDS moved to suspend the rules and pass the bill (H.R. 1394) to
improve coordination of National Oceanic and Atmospheric Administration
Great Lakes activities; as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. STUDDS and Mr.
FIELDS of Texas, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 27.12 national coastal resource development
Mr. STUDDS moved to suspend the rules and pass the bill (H.R. 2063) to
amend existing law relating to the National Coastal Resources Research
and Development Institute.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. STUDDS and Mr.
FIELDS of Texas, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 27.13 new london fish hatchery production facility
Mr. STUDDS moved to suspend the rules and pass the bill (H.R. 3664) to
direct the Secretary of the Interior to convey to the State of Minnesota
the New London National Fish Hatchery production facility.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. STUDDS and Mr.
FIELDS of Texas, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 27.14 fish and wildlife foundation authorization
Mr. STUDDS moved to suspend the rules and pass the bill of the Senate
(S. 476) to reauthorize and amend the National Fish and Wildlife
Foundation Establishment Act; as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. STUDDS and Mr.
FIELDS of Texas, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
reauthorize and amend the National Fish and Wildlife Foundation
Establishment Act, and for other purposes.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendments.
Para. 27.15 new jersey coastal heritage trail route
Mr. VENTO moved to suspend the rules and pass the bill of the Senate
(S. 1574) to authorize appropriations for the Coastal Heritage Trail
Route in the State of New Jersey, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. VENTO and Mr.
YOUNG of Alaska, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
Para. 27.16 highway relocation at georgia military park
Mr. VENTO moved to suspend the rules and pass the bill (H.R. 3516) to
increase the amount authorized to be appropriated for assistance for the
highway relocation regarding the Chickamauga and Chattanooga National
Military Park in Georgia; as amended.
[[Page 293]]
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. VENTO and Mr.
THOMAS of Wyoming, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 27.17 urban recreation and at-risk youth
Mr. VENTO moved to suspend the rules and pass the bill (H.R. 4034) to
amend the Urban Park and Recreation Recovery Act of 1978 to authorize
grants for the expansion of recreation opportunities for at risk youth
in urban areas with a high prevalence of crime, and for other purposes;
as amended.
The SPEAKER pro tempore, Mr. MONGTOMERY, recognized Mr. VENTO and Mr.
THOMAS of Wyoming, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. VENTO demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Tuesday, March 22, 1994.
Para. 27.18 developmental disabilities programs
Mr. WAXMAN moved to suspend the rules and agree to the following
conference report (Rept. No. 103-442):
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the House to the bill (S.
1284), to amend the Developmental Disabilities Assistance and
Bill of Rights Act to expand or modify certain provisions
relating to programs for individuals with developmental
disabilities, Federal assistance for priority area activities
for individuals with developmental disabilities, protection
and advocacy of individual rights, university affiliated
programs, and projects of national significance, and for
other purposes, having met, after full and free conference,
have agreed to recommend and do recommend to their respective
Houses as follows:
That the Senate recede from its disagreement to the
amendment of the House and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the House
amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Developmental Disabilities Assistance and Bill of Rights
Act Amendments of 1994''.
(b) Table of Contents.--The table of contents is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
TITLE I--GENERAL PROVISIONS
Sec. 101. Headings and short title.
Sec. 102. Findings and purposes.
Sec. 103. Definitions.
Sec. 104. Federal share.
Sec. 105. Records and audits.
Sec. 106. Recovery.
Sec. 107. State control of operations.
Sec. 108. Reports.
Sec. 109. Responsibilities of the Secretary.
Sec. 110. Employment of handicapped individuals.
Sec. 111. Rights of the developmentally disabled.
TITLE II--FEDERAL ASSISTANCE FOR PRIORITY AREA ACTIVITIES FOR
INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES
Sec. 201. Part heading.
Sec. 202. Purpose.
Sec. 203. State plans.
Sec. 204. Habilitation plans.
Sec. 205. Councils.
Sec. 206. State allotments.
Sec. 207. Federal share and non-Federal share.
Sec. 208. Payments to the States for planning, administration, and
services.
Sec. 209. Withholding of payments for planning, administration, and
services.
Sec. 210. Nonduplication.
Sec. 211. Appeals by States.
Sec. 212. Authorization of appropriations.
Sec. 213. Review, analysis, and report.
TITLE III--PROTECTION AND ADVOCACY OF THE RIGHTS OF INDIVIDUALS WITH
DEVELOPMENTAL DISABILITIES
Sec. 301. Part heading.
Sec. 302. Purpose.
Sec. 303. System required.
Sec. 304. Authorization of appropriations.
TITLE IV--UNIVERSITY AFFILIATED PROGRAMS
Sec. 401. Part heading.
Sec. 402. Purpose.
Sec. 403. Grant authority.
Sec. 404. Applications.
Sec. 405. Grant awards.
Sec. 406. Authorization of appropriations and definition.
TITLE V--PROJECTS OF NATIONAL SIGNIFICANCE
Sec. 501. Part heading.
Sec. 502. Purpose.
Sec. 503. Grant authority.
Sec. 504. Authorization of appropriations.
SEC. 2. REFERENCES.
Except as otherwise specifically provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or a repeal of, a section or other provision,
the reference shall be considered to be made to a section or
other provision of the Developmental Disabilities Assistance
and Bill of Rights Act (42 U.S.C. 6000 et seq.).
TITLE I--GENERAL PROVISIONS
SEC. 101. HEADINGS AND SHORT TITLE.
(a) Title.--The heading of title I of the Act is amended to
read as follows:
``TITLE I--PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES''.
(b) Part.--The heading of part A of title I of the Act is
amended to read as follows:
``PART A--GENERAL PROVISIONS''.
(c) Short Title.--Section 100 (42 U.S.C. 6000 note) is
amended--
(1) by striking ``Sec. 100''; and
(2) in the section heading, by striking ``short title'' and
inserting the following new section heading:
``SEC. 100. SHORT TITLE.''.
SEC. 102. FINDINGS AND PURPOSES.
Section 101 (42 U.S.C. 6000) is amended to read as follows:
``SEC. 101. FINDINGS, PURPOSES, AND POLICY.
``(a) Findings.--The Congress finds that--
``(1) in 1993 there are more than 3,000,000 individuals
with developmental disabilities in the United States;
``(2) disability is a natural part of the human experience
that does not diminish the right of individuals with
developmental disabilities to enjoy the opportunity to live
independently, enjoy self-determination, make choices,
contribute to society, and experience full integration and
inclusion in the economic, political, social, cultural, and
educational mainstream of American society;
``(3) individuals with developmental disabilities
continually encounter various forms of discrimination in
critical areas;
``(4) there is a lack of public awareness of the
capabilities and competencies of individuals with
developmental disabilities;
``(5) individuals whose disabilities occur during their
developmental period frequently have severe disabilities that
are likely to continue indefinitely;
``(6) individuals with developmental disabilities often
require lifelong specialized services and assistance,
provided in a coordinated and culturally competent manner by
many agencies, professionals, advocates, community
representatives, and others to eliminate barriers and to meet
the needs of such individuals and their families;
``(7) a substantial portion of individuals with
developmental disabilities and their families do not have
access to appropriate support and services from generic and
specialized service systems and remain unserved or
underserved;
``(8) family members, friends, and members of the community
can play an important role in enhancing the lives of
individuals with developmental disabilities, especially when
the family and community are provided with the necessary
services and supports;
``(9) there is a need to ensure that services, supports,
and other assistance are provided in a culturally competent
manner, that individuals from racial and ethnic minority
backgrounds are fully included in all activities under this
Act, and that greater efforts are made to recruit individuals
from minority backgrounds into the field of developmental
disabilities; and
``(10) the goals of the Nation properly include the goal of
providing individuals with developmental disabilities with
the opportunities and support to--
``(A) make informed choices and decisions;
``(B) live in homes and communities in which such
individuals can exercise their full rights and
responsibilities as citizens;
``(C) pursue meaningful and productive lives;
``(D) contribute to their family, community, State, and
Nation;
``(E) have interdependent friendships and relationships
with others; and
``(F) achieve full integration and inclusion in society, in
an individualized manner, consistent with unique strengths,
resources, priorities, concerns, abilities, and capabilities
of each individual.
[[Page 294]]
``(b) Purpose.--The purpose of this Act is to assure that
individuals with developmental disabilities and their
families participate in the design of and have access to
culturally competent services, supports, and other assistance
and opportunities that promote independence, productivity,
and integration and inclusion into the community, through--
``(1) support to State Developmental Disabilities Councils
in each State to promote, through systemic change, capacity
building, and advocacy activities that are consistent with
the policy under subsection (c)(2), a consumer and family-
centered, comprehensive system, and a coordinated array of
services, supports, and other assistance for individuals with
developmental disabilities and their families;
``(2) support to protection and advocacy systems in each
State to protect the legal and human rights of individuals
with developmental disabilities;
``(3) support to university affiliated programs to provide
interdisciplinary preservice preparation of students and
fellows, community service activities, and the dissemination
of information and research findings; and
``(4) support to national initiatives to collect necessary
data, provide technical assistance to State Developmental
Disabilities Councils, protection and advocacy systems and
university affiliated programs, and support other nationally
significant activities.
``(c) Policy.--It is the policy of the United States that
all programs, projects, and activities receiving assistance
under this Act shall be carried out in a manner consistent
with the principles that--
``(1) individuals with developmental disabilities,
including those with the most severe developmental
disabilities, are capable of achieving independence,
productivity, and integration and inclusion into the
community, and often require the provision of services,
supports and other assistance to achieve independence,
productivity, and integration and inclusion;
``(2) individuals with developmental disabilities and their
families have competencies, capabilities and personal goals
that should be recognized, supported, and encouraged, and any
assistance to such individuals should be provided in an
individualized manner, consistent with the unique strengths,
resources, priorities, concerns, abilities, and capabilities
of the such individuals;
``(3) individuals with developmental disabilities and their
families are the primary decisionmakers regarding the
services and supports such individuals and their families
receive and play decisionmaking roles in policies and
programs that affect the lives of such individuals and their
families;
``(4) services, supports, and other assistance are provided
in a manner that demonstrates respect for individual dignity,
personal preferences, and cultural differences;
``(5) specific efforts must be made to ensure that
individuals from racial and ethnic minority backgrounds enjoy
effective and meaningful opportunities for full participation
in the developmental disabilities service system;
``(6) recruitment efforts within developmental disabilities
at the level of preservice training, community training,
practice, administration and policymaking must focus on
bringing larger numbers of racial and ethnic minorities into
the field in order to provide appropriate skills, knowledge,
role models, and sufficient manpower to address the growing
needs of an increasingly diverse population;
``(7) with education and support, communities can be
responsive to the needs of individuals with developmental
disabilities and their families and are enriched by the full
and active participation and the contributions by individuals
with developmental disabilities and their families; and
``(8) individuals with developmental disabilities should
have access to opportunities and the necessary support to be
included in community life, have interdependent
relationships, live in homes and communities, and make
contributions to their families, community, State, and
Nation.''.
SEC. 103. DEFINITIONS.
Section 102 (42 U.S.C. 6001) is amended to read as follows:
``SEC. 102. DEFINITIONS.
``For purposes of this title:
``(1) American indian consortium.--The term `American
Indian Consortium' means any confederation of two or more
recognized American Indian tribes, created through the
official action of each participating tribe, that has a
combined total resident population of 150,000 enrolled tribal
members and a contiguous territory of Indian lands in two or
more States.
``(2) Assistive technology device.--The term `assistive
technology device' means any item, piece of equipment, or
product system, whether acquired commercially, modified or
customized, that is used to increase, maintain, or improve
functional capabilities of individuals with developmental
disabilities.
``(3) Assistive technology service.--The term `assistive
technology service' means any service that directly assists
an individual with a developmental disability in the
selection, acquisition, or use, of an assistive technology
device. Such term includes--
``(A) the evaluation of the needs of an individual with a
developmental disability, including a functional evaluation
of the individual in the individual's customary environment;
``(B) purchasing, leasing, or otherwise providing for the
acquisition of assistive technology devices by an individual
with a developmental disability;
``(C) selecting, designing, fitting, customizing, adapting,
applying, maintaining, repairing or replacing assistive
technology devices;
``(D) coordinating and using other therapies,
interventions, or services with assistive technology devices,
such as those associated with existing education and
rehabilitation plans and programs;
``(E) training or technical assistance for an individual
with a developmental disability, or, where appropriate, a
family member, guardian, advocate, or authorized
representative of an individual with a developmental
disability; and
``(F) training or technical assistance for professionals
(including individuals providing education and rehabilitation
services), employers, or other individuals who provide
services to, employ, or are otherwise substantially involved
in the major life functions of, an individual with
developmental disabilities.
``(4) Child development activities.--The term `child
development activities' means such priority area activities
as will assist in the prevention, identification, and
alleviation of developmental disabilities in children,
including early intervention services.
``(5) Community living activities.--The term `community
living activities' means such priority area activities as
will assist individuals with developmental disabilities to
obtain and receive the supports needed to live in their
family home or a home of their own with individuals of their
choice and to develop supports in the community.
``(6) Community supports.--The term `community supports'
means activities, services, supports, and other assistance
designed to--
``(A) assist neighborhoods and communities to be more
responsive to the needs of
individuals with developmental disabilities and their
families;
``(B) develop local networks that can provide informal
support; and
``(C) make communities accessible and enable communities to
offer their resources and opportunities to individuals with
developmental disabilities and their families.
Such term includes community education, personal assistance
services, vehicular and home modifications, support at work,
and transportation.
``(7) Culturally competent.--The term `culturally
competent' means services, supports or other assistance that
are conducted or provided in a manner that is responsive to
the beliefs, interpersonal styles, attitudes, language and
behaviors of individuals who are receiving services, and in a
manner that has the greatest likelihood of ensuring their
maximum participation in the program.
``(8) Developmental disability.--The term `developmental
disability' means a severe, chronic disability of an
individual 5 years of age or older that--
``(A) is attributable to a mental or physical impairment or
combination of mental and physical impairments;
``(B) is manifested before the individual attains age 22;
``(C) is likely to continue indefinitely;
``(D) results in substantial functional limitations in
three or more of the following areas of major life activity--
``(i) self-care;
``(ii) receptive and expressive language;
``(iii) learning;
``(iv) mobility;
``(v) self-direction;
``(vi) capacity for independent living; and
``(vii) economic self-sufficiency; and
``(E) reflects the individual's need for a combination and
sequence of special, interdisciplinary, or generic services,
supports, or other assistance that is of lifelong or extended
duration and is individually planned and coordinated,
except that such term, when applied to infants and young
children means individuals from birth to age 5, inclusive,
who have substantial developmental delay or specific
congenital or acquired conditions with a high probability of
resulting in developmental disabilities if services are not
provided.
``(9) Early intervention services.--The term `early
intervention services' means services provided to infants,
toddlers, young children, and their families to--
``(A) enhance the development of infants, toddlers, and
young children with disabilities and to minimize their
potential for developmental delay; and
``(B) enhance the capacity of families to meet the special
needs of their infants, toddlers, and young children.
``(10) Employment activities.--The term `employment
activities' means such priority area activities as will
increase the independence, productivity, and integration and
inclusion into the community of individuals with
developmental disabilities in work settings.
``(11) Family support service.--The term `family support
service' means services, supports, and other assistance
provided to families with members with developmental
disabilities that are designed to--
``(A) strengthen the family's role as primary caregiver;
``(B) prevent inappropriate out-of-the-home placement and
maintain family unity; and
``(C) reunite families with members who have been placed
out of the home, whenever possible.
Such term includes respite care, rehabilitation technology,
personal assistance services, parent training and counseling,
support for elderly parents, vehicular and home
[[Page 295]]
modifications, and assistance with extraordinary expenses
associated with the needs of individuals with developmental
disabilities.
``(12) Federal priority areas.--The term `Federal priority
areas' means community living activities, employment
activities, child development activities, and system
coordination and community education activities.
``(13) Independence.--The term `independence' means the
extent to which individuals with developmental disabilities
exert control and choice over their own lives.
``(14) Individual supports.--The term `individual supports'
means services, supports, and other assistance that enable an
individual with a developmental disability to be independent,
productive, integrated, and included into such individual's
community, and that are designed to--
``(A) enable such individual to control such individual's
environment, permitting the most independent life possible;
``(B) prevent placement into a more restrictive living
arrangement than is necessary; and
``(C) enable such individual to live, learn, work, and
enjoy life in the community.
Such term includes personal assistance services,
rehabilitation technology, vehicular and home modifications,
support at work, and transportation.
``(15) Integration and inclusion.--The term `integration
and inclusion', with respect to individuals with
developmental disabilities, means--
``(A) the use by individuals with developmental
disabilities of the same community resources that are used by
and available to other citizens;
``(B) living in homes close to community resources, with
regular contact with citizens without disabilities in their
communities;
``(C) the full and active participation by individuals with
developmental disabilities in the same community activities
and types of employment as citizens without disabilities, and
utilization of the same community resources as citizens
without disabilities, living, learning, working, and enjoying
life in regular contact with citizens without disabilities;
and
``(D) having friendships and relationships with individuals
and families of their own choosing.
``(16) Nonprofit.--The term `nonprofit' means an agency,
institution, or organization that is owned or operated by one
or more corporations or associations, no part of the net
earnings of which inures, or may lawfully inure, to the
benefit of any private shareholder or individual.
``(17) Other organizations.--The term `other organizations'
means those organizations that are not State agencies or
nonprofit agencies, except such organizations may be
consulting firms, independent proprietary businesses and
providers, and local community groups not organizationally
incorporated, and that are interested in supporting
individuals with developmental disabilities.
``(18) Personal assistance services.--The term `personal
assistance services' means a range of services, provided by
one or more individuals, designed to assist an individual
with a disability to perform daily living activities on or
off a job that such individual would typically perform if
such individual did not have a disability. Such services
shall be designed to increase such individual's control in
life and ability to perform everyday activities on or off
such job.
``(19) Prevention.--The term `prevention' means activities
that address the causes of developmental disabilities and the
exacerbation of functional limitations, such as activities
that--
``(A) eliminate or reduce the factors that cause or
predispose individuals to developmental disabilities or that
increase the prevalence of developmental disabilities;
``(B) increase the early identification of existing
problems to eliminate circumstances that create or increase
functional limitations; and
``(C) mitigate against the effects of developmental
disabilities throughout the individual's lifespan.
``(20) Productivity.--The term `productivity' means--
``(A) engagement in income-producing work that is measured
by increased income, improved employment status, or job
advancement; or
``(B) engagement in work that contributes to a household or
community.
``(21) Protection and advocacy system.--The term
`protection and advocacy system' means a protection and
advocacy system established in accordance with section 142.
``(22) Rehabilitation technology.--The term `rehabilitation
technology' means the systematic application of technologies,
engineering methodologies, or scientific principles to meet
the needs of, and address the barriers confronted by,
individuals with developmental disabilities in areas that
include education, rehabilitation, employment,
transportation, independent living, and recreation. Such term
includes rehabilitation engineering, assistive technology
devices, and assistive technology services.
``(23) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services.
``(24) Service coordination activities.--The term `service
coordination activities' (also referred to as `case
management activities') means activities that assist and
enable individuals with developmental disabilities and their
families to access services, supports and other assistance,
and includes--
``(A) the provision of information to individuals with
developmental disabilities and their families about the
availability of services, supports, and other assistance;
``(B) assistance in obtaining appropriate services,
supports, and other assistance, which may include
facilitating and organizing such assistance;
``(C) coordination and monitoring of services, supports,
and other assistance provided singly or in combination to
individuals with developmental disabilities and their
families to ensure accessibility, continuity, and
accountability of such assistance; and
``(D) follow-along services that ensure, through a
continuing relationship, that the changing needs of
individuals with developmental disabilities and their
families are recognized and appropriately met.
``(25) State.--The term `State', except as provided in
section 155, includes, in addition to each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and the Republic of Palau (until
the Compact of Free Association with Palau takes effect).
``(26) State developmental disabilities council.--The term
`State Developmental Disabilities Council' means a Council
established under section 124.
``(27) State priority area.--The term `State priority area'
means priority area activities in an area considered
essential by the State Developmental Disabilities Council.
``(28) Supported employment.--The term `supported
employment' means competitive work in integrated work
settings for individuals with developmental disabilities--
``(A)(i) for whom competitive employment has not
traditionally occurred; or
``(ii) for whom competitive employment has been interrupted
or intermittent as a result of a severe disability; and
``(B) who, because of the nature and severity of their
disability, need intensive supported employment services or
extended services in order to perform such work.
``(29) System coordination and community education
activities.--The term `system coordination and community
education activities' means activities that--
``(A) eliminate barriers to access and eligibility for
services, supports, and other assistance;
``(B) enhance systems design, redesign, and integration,
including the encouragement of the creation of local service
coordination and information and referral statewide systems;
``(C) enhance individual, family, and citizen participation
and involvement; and
``(D) develop and support coalitions and individuals
through training in self-advocacy, educating policymakers,
and citizen leadership skills.
``(30) University affiliated program.--The term `university
affiliated program' means a university affiliated program
established under section 152.
``(31) Unserved and underserved.--The term `unserved and
underserved' includes populations such as individuals from
racial and ethnic minority backgrounds, disadvantaged
individuals, individuals with limited-English proficiency,
individuals from underserved geographic areas (rural or
urban), and specific groups of individuals within the
population of individuals with developmental disabilities,
including individuals with developmental disabilities
attributable to physical impairment, mental impairment, or a
combination of physical and mental impairments.''.
SEC. 104. FEDERAL SHARE.
Section 103 (42 U.S.C. 6002) is repealed.
SEC. 105. RECORDS AND AUDITS.
(a) Section Heading.--Section 104 (42 U.S.C. 6003) is
amended--
(1) by striking ``Sec. 104.''; and
(2) in the section heading, by striking ``records and
audit'' and inserting the following new section heading:
``SEC. 104. RECORDS AND AUDITS.''.
(b) Records and Audits.--Section 104 (42 U.S.C. 6003) is
amended--
(1) in subsection (a)--
(A) by striking ``Each'' and inserting ``Records.--Each'';
(B) by striking ``including'' and inserting ``including--
'';
(C) by realigning the margins of subparagraphs (A), (B),
and (C) of paragraph (1) so as to align with the margins of
subparagraphs (A) and (B) of paragraph (28) of section 102;
(D) by realigning the margins of paragraphs (1) and (2) so
as to align with the margin of paragraph (30) of section 102;
(E) in paragraph (1), by striking ``disclose'' and
inserting ``disclose--''; and
(F) by striking the comma each place such appears and
inserting a semicolon; and
(2) in subsection (b), by striking ``The Secretary'' and
inserting ``Access.--The Secretary''.
SEC. 106. RECOVERY.
Section 105 (42 U.S.C. 6004) is repealed.
SEC. 107. STATE CONTROL OF OPERATIONS.
Section 106 (42 U.S.C. 6005) is amended--
(1) by striking ``Sec. 106.'';
(2) in the section heading, by striking ``state control of
operations'' and inserting the following new section heading:
``SEC. 106. STATE CONTROL OF OPERATIONS.''.
and
(3) by striking ``facility for persons'' and inserting
``programs, services, and supports for individuals''.
[[Page 296]]
SEC. 108. REPORTS.
(a) Section Heading.--Section 107 (42 U.S.C. 6006) is
amended--
(1) by striking ``Sec. 107.''; and
(2) in the section heading, by striking ``reports'' and
inserting the following new section heading:
``SEC. 107. REPORTS.''.
(b) Reports.--Section 107 (42 U.S.C. 6006) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking, ``By January'' and inserting
``Developmental Disabilities Council Reports.--By January'';
(ii) by striking ``the State Planning Council of each
State'' and inserting ``each State Developmental Disabilities
Council'';
(iii) by striking ``a report concerning'' and inserting ``a
report of''; and
(iv) by striking ``such report'' and inserting ``report'';
(B) in paragraph (1), by striking ``of such activities''
and all that follows through ``from such activities'' and
inserting ``of activities and accomplishments'';
(C) in paragraph (2)--
(i) by striking ``such accomplishments'' and inserting
``accomplishments''; and
(ii) by striking ``by the State'';
(D) in paragraph (4)--
(i) by striking ``Planning'' and inserting ``Developmental
Disabilities'';
(ii) by striking ``each'' each place such term appears;
(iii) by striking ``report'' and inserting ``reports'';
(iv) by striking ``1902(a)(31)(C)'' and inserting
``1902(a)(31)'';
(v) by striking ``plan'' and inserting ``plans''; and
(vi) by striking ``; and'' and inserting a semicolon;
(E) by striking paragraph (5); and
(F) by adding at the end the following new paragraphs:
``(5) a description of--
``(A) the trends and progress made in the State concerning
systemic change (including policy reform), capacity building,
advocacy, and other actions on behalf of individuals with
developmental disabilities, with attention to individuals who
are traditionally unserved and underserved, particularly
individuals who are members of ethnic and racial minority
groups, and individuals from underserved geographic areas;
``(B) systemic change, capacity building, and advocacy
activities that affect individuals with disabilities other
than developmental disabilities; and
``(C) a summary of actions taken to improve access and
services for unserved and underserved groups;
``(6) a description of resources leveraged by activities
directly attributable to State Developmental Disabilities
Council actions; and
``(7) a description of the method by which the State
Developmental Disabilities Council shall widely disseminate
the annual report to affected constituencies as well as the
general public and to assure that the report is available in
accessible formats.'';
(2) in subsection (b)--
(A) by striking ``By January'' and inserting ``Protection
and Advocacy System Reports.--By January''; and
(B) by inserting before the period ``, including a
description of the system's priorities for such fiscal year,
the process used to obtain public input, the nature of such
input, and how such input was used''; and
(3) in subsection (c)--
(A) by realigning the margins of subparagraphs (A) and (B)
of paragraph (1) so as to align with the margins of
subparagraph (C) of such paragraph;
(B) by realigning the margins of paragraphs (1) and (2) so
as to align with the margin of paragraph (1) of subsection
(a);
(C) by striking the subsection designation and inserting
``(c) Secretary Reports.--'';
(D) by striking ``(1) By'' and inserting the following:
``(1) In general.--By'';
(E) in paragraph (1)--
(i) in subparagraph (B)--
(I) by striking ``integration'' each place such term
appears and inserting ``integration and inclusion''; and
(II) by striking ``persons'' and inserting ``individuals'';
(ii) by striking subparagraph (C) and inserting the
following new subparagraph:
``(C)(i) the trends and progress made in the States
concerning systemic change (including policy reform),
capacity building, advocacy, and other actions on behalf of
individuals with developmental disabilities, with attention
to individuals who are traditionally unserved and
underserved, particularly individuals who are members of
ethnic and racial minority groups, and individuals from
underserved geographic areas;
``(ii) systemic change, capacity building, and advocacy
activities that affect individuals with disabilities other
than developmental disabilities; and
``(iii) a summary of actions taken to improve access and
services for unserved and underserved groups;''; and
(iii) in subparagraph (D), by striking ``persons'' and
inserting ``individuals''; and
(F) in paragraph (2)--
(i) by striking ``use and include'' and inserting ``include
and analyze'';
(ii) by striking ``to the Secretary''; and
(iii) by striking ``In preparing'' and inserting
``Inclusion of council and system information.--In
preparing''.
SEC. 109. RESPONSIBILITIES OF THE SECRETARY.
(a) Section Heading.--Section 108 (42 U.S.C. 6007) is
amended--
(1) by striking ``Sec. 108.''; and
(2) in the section heading, by striking ``responsibilities
of the secretary'' and inserting the following new section
heading:
``SEC. 108. RESPONSIBILITIES OF THE SECRETARY.''.
(b) Responsibilities.--Section 108 (42 U.S.C. 6007) is
amended--
(1) in subsection (a), by striking ``The Secretary'' and
inserting ``Regulations.--The Secretary''; and
(2) in subsection (b)--
(A) by striking ``Within ninety'' and inserting
``Interagency Committee.--Within 90''; and
(B) by striking ``Administration for Developmental
Disabilities'' and inserting ``Administration on
Developmental Disabilities,''.
SEC. 110. EMPLOYMENT OF HANDICAPPED INDIVIDUALS.
(a) Section Heading.--Section 109 (42 U.S.C. 6008) is
amended--
(1) by striking ``Sec. 109.''; and
(2) in the section heading, by striking ``employment of
handicapped individuals'' and inserting the following new
section heading:
``SEC. 109. EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES.''.
(b) Employment.--Section 109 (42 U.S.C. 6008) is amended--
(1) by striking ``handicapped individuals'' and inserting
``individuals with disabilities'';
(2) by striking ``Act of'' and inserting ``Act of 1973'';
and
(3) by striking ``which govern'' and all that follows
through ``subcontracts.'' and inserting the following: ``that
govern employment--
``(1) by State rehabilitation agencies and community
rehabilitation programs; and
``(2) under Federal contracts and subcontracts.''.
SEC. 111. RIGHTS OF THE DEVELOPMENTALLY DISABLED.
(a) Section Heading.--Section 110 (42 U.S.C. 6009) is
amended--
(1) by striking ``Sec. 110.''; and
(2) in the section heading, by striking ``rights of the
developmentally disabled'' and inserting the following new
section heading:
``SEC. 110. RIGHTS OF INDIVIDUALS WITH DEVELOPMENTAL
DISABILITIES.''.
(b) Rights.--Section 110 (42 U.S.C. 6009) is amended--
(1) in the matter preceding paragraph (1) by striking
``persons'' and inserting ``individuals'';
(2) in paragraph (1), by striking ``Persons'' and inserting
``Individuals'';
(3) in paragraph (2)--
(A) by striking ``a person'' and inserting ``an
individual'';
(B) by striking ``the person'' and inserting ``the
individual''; and
(C) by striking ``the person's'' and inserting ``the
individual's'';
(4) in paragraph (3), by striking ``persons'' each place
such term appears and inserting ``individuals'';
(5) in paragraph (4), by striking ``persons'' each place
such term appears and inserting ``individuals''; and
(6) in the matter following subparagraph (C) of paragraph
(4), by striking ``persons'' each place such term appears and
inserting ``individuals''.
TITLE II--FEDERAL ASSISTANCE FOR PRIORITY AREA ACTIVITIES FOR
INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES
SEC. 201. PART HEADING.
The heading of Part B of title I of the Act is amended to
read as follows:
``PART B--FEDERAL ASSISTANCE TO STATE DEVELOPMENTAL DISABILITIES
COUNCILS''.''
SEC. 202. PURPOSE.
Section 121 (42 U.S.C. 6021) is amended to read as follows:
``SEC. 121. PURPOSE.
``The purpose of this part is to provide for allotments to
support State Developmental Disabilities Councils in each
State to promote, through systemic change, capacity building,
and advocacy activities that are consistent with the policy
under section 101(c)(2), the development of a consumer and
family-centered, comprehensive system and a coordinated array
of culturally competent services, supports, and other
assistance designed to achieve independence, productivity,
and integration and inclusion into the community for
individuals with developmental disabilities.''.
SEC. 203. STATE PLANS.
Section 122 (42 U.S.C. 6022) is amended to read as follows:
``SEC. 122. STATE PLAN.
``(a) In General.--Any State desiring to take advantage of
this part shall have a State plan submitted to, and approved
by, the Secretary under this section.
``(b) Planning Cycle.--The plan under subsection (a) shall
be reviewed annually and revised at least once every 3 years.
``(c) State Plan Requirements.--In order to be approved by
the Secretary under this section, a State plan shall meet the
requirements in paragraphs (1) through (5).
``(1) State council.--The plan shall provide for the
establishment and maintenance of a State Developmental
Disabilities Council in accordance with section 124 and
describe the membership of such Council.
``(2) Designated state agency.--The plan shall identify the
agency or office within the State designated to support the
State Developmental Disabilities Council in accordance with
this section and section 124(d).
[[Page 297]]
``(3) Comprehensive review and analysis.--The plan shall
contain a comprehensive review and analysis of the extent to
which services and supports are available to, and the need
for services and supports for, individuals with developmental
disabilities and their families. Such review and analysis
shall include--
``(A) a description of the services, supports and other
assistance being provided to, or to be provided to,
individuals with developmental disabilities and their
families under other federally assisted State programs,
plans, and policies that the State conducts and in which
individuals with developmental disabilities are or may be
eligible to participate, including programs relating to
education, job training, vocational rehabilitation, public
assistance, medical assistance, social services, child
welfare, maternal and child health, aging, programs for
children with special health care needs, children's mental
health, housing, transportation, technology, comprehensive
health and mental health, and such other programs as the
Secretary may specify;
``(B) a description of the extent to which agencies
operating such other federally assisted State programs pursue
interagency initiatives to improve and enhance services,
supports, and other assistance for individuals with
developmental disabilities; and
``(C) an examination of the provision, and the need for the
provision, in the State of the four Federal priority areas
and an optional State priority area, including--
``(i) an analysis of such Federal and State priority areas
in relation to the degree of support for individuals with
developmental disabilities attributable to either physical
impairment, mental impairment, or a combination of physical
and mental impairments;
``(ii) an analysis of criteria for eligibility for
services, including specialized services and special
adaptation of generic services provided by agencies within
the State, that may exclude individuals with developmental
disabilities from receiving such services;
``(iii) an analysis of the barriers that impede full
participation of members of unserved and underserved groups;
``(iv) consideration of the report conducted pursuant to
section 124(e);
``(v) consideration of the data collected by the State
educational agency under section 618 of the Individuals with
Disabilities Education Act;
``(vi) an analysis of services, assistive technology, or
knowledge that may be unavailable to assist individuals with
developmental disabilities;
``(vii) an analysis of existing and projected fiscal
resources;
``(viii) an analysis of any other issues identified by the
State Developmental Disabilities Council; and
``(ix) the formulation of objectives in systemic change,
capacity building, and advocacy to address the issues
described in clauses (i) through (vi) for all subpopulations
of individuals with developmental disabilities that may be
identified by the State Developmental Disabilities Council.
``(4) Plan objectives.--The plan shall--
``(A) specify employment, and at the discretion of the
State, any or all of the three other Federal priority areas
and an optional State priority area that are selected by the
State Developmental Disabilities Council for such Council's
major systemic change, capacity building, and advocacy
activities to be addressed during the plan period and
describe the extent and scope of the Federal and State
priority areas that will be addressed under the plan in the
fiscal year;
``(B) describe the specific 1-year and 3-year objectives to
be achieved and include a listing of the programs,
activities, and resources by which the State Developmental
Disabilities Council will implement its systemic change,
capacity building, and advocacy activities in selected
priority areas, and set forth the non-Federal share required
to carry out each objective; and
``(C) establish a method for the periodic evaluation of the
plan's effectiveness in meeting the objectives described in
subparagraph (B).
``(5) Assurances.--The plan shall contain or be supported
by the assurances described in subparagraphs (A) through (N),
which are satisfactory to the Secretary.
``(A) Use of funds.--With respect to the funds paid to the
State under section 125, the plan shall provide assurances
that--
``(i) such funds will be used to make a significant
contribution toward enhancing the independence, productivity,
and integration and inclusion into the community of
individuals with developmental disabilities in various
political subdivisions of the State;
``(ii) such funds will be used to supplement and to
increase the level of funds that would otherwise be made
available for the purposes for which Federal funds are
provided and not to supplant non-Federal funds;
``(iii) such funds will be used to complement and augment
rather than duplicate or replace services for individuals
with developmental disabilities and their families who are
eligible for Federal assistance under other State programs;
``(iv) part of such funds will be made available by the
State to public or private entities;
``(v) not more than 25 percent of such funds will be
allocated to the agency designated under section 124(d) for
service demonstration by such agency and that such funds and
demonstration services have been explicitly authorized by the
State Developmental Disabilities Council;
``(vi) not less than 65 percent of the amount available to
the State under section 125 shall be expended for activities
in the Federal priority area of employment activities, and,
at the discretion of the State, activities in any or all of
the three other Federal priority areas and an optional State
priority area; and
``(vii) the remainder of the amount available to the State
from allotments under section 125 (after making expenditures
required by clause (vi)) shall be used for the planning,
coordination, administration, and implementation of priority
area activities, and other activities relating to systemic
change, capacity building, and advocacy to implement the
responsibilities of the State Developmental Disabilities
Council pursuant to section 124(c).
``(B) State financial participation.--The plan shall
provide assurances that there will be reasonable State
financial participation in the cost of carrying out the State
plan.
``(C) Conflict of interest.--The plan shall provide
assurances that the State Developmental Disabilities Council
has approved conflict of interest policies as of October 1,
1994, to ensure that no member of such Council shall cast a
vote on any matter that would provide direct financial
benefit to the member or otherwise give the appearance of a
conflict of interest.
``(D) Urban and rural poverty areas.--The plan shall
provide assurances that special financial and technical
assistance shall be given to organizations that provide
services, supports, and other assistance to individuals with
developmental disabilities who live in areas designated as
urban or rural poverty areas.
``(E) Program standards.--The plan shall provide assurances
that programs, projects, and activities assisted under the
plan, and the buildings in which such programs, projects, and
activities are operated, will meet standards prescribed by
the Secretary in regulation and all applicable Federal and
State accessibility standards.
``(F) Individualized services.--The plan shall provide
assurances that any direct services provided to individuals
with developmental disabilities and funded under this plan
will be provided in an individualized manner, consistent with
unique strengths, resources, priorities, concerns, abilities,
and capabilities of an individual.
``(G) Human rights.--The plan shall provide assurances that
the human rights of all individuals with developmental
disabilities (especially those individuals without familial
protection) who are receiving services under programs
assisted under this part will be protected consistent with
section 110 (relating to rights of individuals with
developmental disabilities).
``(H) Minority participation.--The plan shall provide
assurances that the State has taken affirmative steps to
assure that participation in programs under this part is
geographically representative of the State, and reflects the
diversity of the State with respect to race and ethnicity.
``(I) Intermediate care facility for the mentally retarded
survey reports.--The plan shall provide assurances that the
State will provide the State Developmental Disabilities
Council with a copy of each annual survey report and plan of
corrections for cited deficiencies prepared pursuant to
section 1902(a)(31) of the Social Security Act with respect
to any intermediate care facility for the mentally retarded
in such State not less than 30 days after the completion of
each such report or plan.
``(J) Volunteers.--The plan shall provide assurances that
the maximum utilization of all available community resources
including volunteers serving under the Domestic Volunteer
Service Act of 1973 and other appropriate voluntary
organizations will be provided for, except that such
volunteer services shall supplement, and shall not be in lieu
of, services of paid employees.
``(K) Employee protections.--The plan shall provide
assurances that fair and equitable arrangements (as
determined by the Secretary after consultation with the
Secretary of Labor) will be provided to protect the interests
of employees affected by actions under the plan to provide
community living activities, including arrangements designed
to preserve employee rights and benefits and to provide
training and retraining of such employees where necessary and
arrangements under which maximum efforts will be made to
guarantee the employment of such employees.
``(L) Staff assignments.--The plan shall provide assurances
that the staff and other personnel of the State Developmental
Disabilities Council, while working for the Council, are
responsible solely for assisting the Council in carrying out
its duties under this part and are not assigned duties by the
designated State agency or any other agency or office of the
State.
``(M) Noninterference.--The plan shall provide assurances
that the designated State agency or other office of the State
will not interfere with systemic change, capacity building,
and advocacy activities, budget, personnel, State plan
development, or plan implementation of the State
Developmental Disabilities Council, except that the
designated State agency shall have the authority necessary to
carry out the responsibilities described in section
124(d)(3).
``(N) Other assurances.--The plan shall contain such
additional information and assurances as the Secretary may
find necessary to carry out the provisions and purposes of
this part.
``(d) Public Review, Submission, and Approval.--
[[Page 298]]
``(1) Public review.--The plan shall be made available for
public review and comment with appropriate and sufficient
notice in accessible formats and take into account and
respond to significant suggestions, as prescribed by the
Secretary in regulation.
``(2) Consultation with the designated state agency.--
Before the plan is submitted to the Secretary, the State
Developmental Disabilities Council shall consult with the
designated State agency to ensure that the State plan is
consistent with State law and to obtain appropriate State
plan assurances.
``(3) Plan approval.--The Secretary shall approve any State
plan and annual updates of such plan that comply with the
provisions of subsections (a), (b), and (c). The Secretary
may not finally disapprove a State plan except after
providing reasonable notice and an opportunity for a hearing
to the State.''.
SEC. 204. HABILITATION PLANS.
Section 123 (42 U.S.C. 6023) is repealed.
SEC. 205. COUNCILS.
Section 124 (42 U.S.C. 6024) is amended to read as follows:
``SEC. 124. STATE DEVELOPMENTAL DISABILITIES COUNCILS AND
DESIGNATED STATE AGENCIES.
``(a) In General.--Each State that receives assistance
under this part shall establish and maintain a State
Developmental Disabilities Council (hereafter in this section
referred to as the `Council') to promote, through systemic
change, capacity building, and advocacy activities
(consistent with section 101(c)(2)), the development of a
consumer and family-centered comprehensive system and a
coordinated array of culturally competent services, supports
and other assistance designed to achieve independence,
productivity, and integration and inclusion into the
community for individuals with developmental disabilities.
The Council shall have the authority to fulfill its
responsibilities described in subsection (c).
``(b) Council Membership.--
``(1) Council appointments.--The members of the Council of
a State shall be appointed by the Governor of the State from
among the residents of that State. The Governor shall select
members of the Council, at his or her discretion, after
soliciting recommendations from organizations representing a
broad range of individuals with developmental disabilities
and individuals interested in individuals with developmental
disabilities, including the non-State agency members of the
Council. The Council may, at the request of the Governor,
coordinate Council and public input to the Governor regarding
all recommendations. To the extent feasible, the membership
of the Council shall be geographically representative of the
State and reflect the diversity of the State with respect to
race and ethnicity.
``(2) Membership rotation.--The Governor shall make
appropriate provisions to rotate the membership of the
Council. Such provisions shall allow members to continue to
serve on the Council until such members' successors are
appointed. The Council shall notify the Governor regarding
membership requirements, when vacancies remain unfilled for a
significant period of time.
``(3) Representation of agencies and organizations.--Each
Council shall at all times include representatives of the
principal State agencies (including the State agencies that
administer funds provided under the Rehabilitation Act of
1973, the Individuals with Disabilities Education Act, the
Older Americans Act, and title XIX of the Social Security
Act), institutions of higher education, each university
affiliated program in the State established under part D, the
State protection and advocacy system established under part
C, and local agencies, nongovernmental agencies, and private
nonprofit groups concerned with services for individuals with
developmental disabilities in the State in which such
agencies and groups are located. Such representatives shall--
``(A) have sufficient authority to engage in policy
planning and implementation on behalf of the department,
agency, or program such representatives represent; and
``(B) recuse themselves from any discussion of grants or
contracts for which such representatives' departments,
agencies, or programs are grantees or applicants and comply
with the conflict of interest policies required under section
122(c)(5)(C).
``(4) Representation of individuals with developmental
disabilities.--Not less than 50 percent of the membership of
each Council shall consist of individuals who are--
``(A)(i) individuals with developmental disabilities;
``(ii) parents or guardians of children with developmental
disabilities; or
``(iii) immediate relatives or guardians of adults with
mentally impairing developmental disabilities who cannot
advocate for themselves; and
``(B) not employees of a State agency that receives funds
or provides services under this part, and who are not
managing employees (as defined in section 1126(b) of the
Social Security Act) of any other entity that receives funds
or provides services under this part.
``(5) Composition of membership with developmental
disabilities.--Of the members of the Council described in
paragraph (4)--
``(A) one-third shall be individuals with developmental
disabilities as described in paragraph (4)(A)(i);
``(B) one-third shall be parents of children with
developmental disabilities as described in paragraph
(4)(A)(ii), and immediate relatives or guardians of adults
with mentally impairing developmental disabilities as
described in paragraph (4)(A)(iii); and
``(C) one-third shall be a combination of individuals
described in paragraph (4)(A).
``(6) Institutionalized individuals.--Of the members of the
Council described in paragraph (5), at least one shall be an
immediate relative or guardian of an institutionalized or
previously institutionalized individual with a developmental
disability or an individual with a developmental disability
who resides or previously resided in an institution. This
paragraph shall not apply with respect to a State if such an
individual does not reside in that State.
``(c) Council Responsibilities.--A Council, through Council
members, staff, consultants, contractors, or subgrantees,
shall have the responsibilities described in paragraphs (1)
through (11).
``(1) Systemic change, capacity building, and advocacy
activities.--The Council shall serve as an advocate for
individuals with developmental disabilities and conduct
programs, projects, and activities that carry out the purpose
under section 121.
``(2) Examination of priority areas.--Not less than once
every 3 years, the Council shall examine the provision of and
need for the four Federal priority areas and an optional
State priority area to address, on a statewide and
comprehensive basis, urgent needs for services, supports, and
other assistance for individuals with developmental
disabilities and their families, pursuant to section 122.
``(3) State plan development.--The Council shall develop
and submit to the Secretary the State plan required under
section 122 after consultation with the designated State
agency under the State plan. Such consultation shall be
solely for the purposes of obtaining State assurances and
ensuring consistency of the plan with State law.
``(4) State plan implementation.--The Council shall
implement the State plan by conducting and supporting the
Federal priority area of employment, not less than one of the
remaining three Federal priority areas, and an optional State
priority area as defined in section 102, through systemic
change, capacity building, and advocacy activities such as
those described in subparagraphs (A) through (K).
``(A) Demonstration of new approaches.--The Council may
conduct, on a time-limited basis, the demonstration of new
approaches to enhance the independence, productivity, and
integration and inclusion into the community of individuals
with developmental disabilities. This may include making
successful demonstrations generally available through sources
of funding other than funding under this part, and may also
include assisting those conducting such successful
demonstration activities to develop strategies for securing
funding from other sources.
``(B) Outreach.--The Council may conduct activities to
reach out to assist and enable individuals with developmental
disabilities and their families who otherwise might not come
to the attention of the Council to obtain services, supports,
and other assistance, including access to special adaptation
of generic services or specialized services.
``(C) Training.--The Council may conduct training for
individuals with developmental disabilities, their families,
and personnel (including professionals, paraprofessionals,
students, volunteers, and other community members) to enable
such individuals to obtain access to, or to provide,
services, supports and other assistance, including special
adaptation of generic services or specialized services for
individuals with developmental disabilities and their
families. To the extent that training activities are
provided, such activities shall be designed to promote the
empowerment of individuals with developmental disabilities
and their families.
``(D) Supporting communities.--The Council may assist
neighborhoods and communities to respond positively to
individuals with developmental disabilities and their
families by encouraging local networks to provide informal
and formal supports and enabling communities to offer such
individuals and their families access, resources, and
opportunities.
``(E) Interagency collaboration and coordination.--The
Council may promote interagency collaboration and
coordination to better serve, support, assist, or advocate
for individuals with developmental disabilities and their
families.
``(F) Coordination with related councils, committees, and
programs.--The Council may conduct activities to enhance
coordination with--
``(i) other councils or committees, authorized by Federal
or State law, concerning individuals with disabilities (such
as the State Interagency Coordinating Council under part H of
the Individuals with Disabilities Education Act, the State
Rehabilitation Advisory Council and the Statewide Independent
Living Council under the Rehabilitation Act of 1973, the
State Mental Health Planning Council under part B of title
XIX of the Public Health Service Act and other similar
councils or committees);
``(ii) parent training and information centers under part D
of the Individuals with Disabilities Education Act and other
federally funded projects that assist parents of children
with disabilities; and
``(iii) other groups interested in systemic change,
capacity building, and advocacy for individuals with
disabilities.
``(G) Barrier elimination, systems design, and citizen
participation.--The Council may conduct activities to
eliminate barriers, enhance systems design and redesign, and
enhance citizen participation to address issues identified in
the State plan.
[[Page 299]]
``(H) Public education and coalition development.--The
Council may conduct activities to educate the public about
the capabilities, preferences, and needs of individuals with
developmental disabilities and their families and to develop
and support coalitions that support the policy agenda of the
Council, including training in self-advocacy, educating
policymakers, and citizen leadership skills.
``(I) Informing policymakers.--The Council may provide
information to Federal, State, and local policymakers,
including the Congress, the Federal executive branch, the
Governor, State legislature, and State agencies, in order to
increase the ability of such policymakers to offer
opportunities and to enhance or adapt generic services or
provide specialized services to individuals with
developmental disabilities and their families by conducting
studies and analyses, gathering information, and developing
and disseminating model policies and procedures, information,
approaches, strategies, findings, conclusions, and
recommendations.
``(J) Prevention.--The Council may conduct prevention
activities as defined in section 102.
``(K) Other activities.--The Council may conduct other
systemic change, capacity building, and advocacy activities
to promote the development of a consumer and family-centered
comprehensive system and a coordinated array of culturally
competent services, supports and other assistance designed to
achieve independence, productivity, and integration and
inclusion into the community of individuals with
developmental disabilities throughout the State on a
comprehensive basis.
``(5) State plan monitoring.--Not less than once each year,
the Council shall monitor, review, and evaluate the
implementation and effectiveness of the State plan in meeting
such plan's objectives.
``(6) Review of designated state agency.--The Council shall
periodically review the designated State agency with respect
to the activities carried out under this Act and make any
recommendations for change to the Governor.
``(7) Reports.--The Council shall submit to the Secretary,
through the Governor, periodic reports on its activities as
the Secretary may reasonably request, and keep such records
and afford such access thereto as the Secretary finds
necessary to verify such reports.
``(8) Budget.--Each Council shall prepare, approve, and
implement a budget using amounts paid to the State under this
part to fund and implement all programs, projects, and
activities under this part including--
``(A) conducting such hearings and forums as the Council
may determine to be necessary to carry out the duties of the
Council, reimbursing Council members of the Council for
reasonable and necessary expenses for attending Council
meetings and performing Council duties (including child care
and personal assistance services), paying compensation to a
member of the Council, if such member is not employed or must
forfeit wages from other employment, for each day such member
is engaged in performing the duties of the Council,
supporting Council member and staff travel to authorized
training and technical assistance activities including
inservice training and leadership development, and
appropriate subcontracting activities;
``(B) hiring and maintaining sufficient numbers and types
of staff (qualified by training and experience) and obtaining
the services of such professional, consulting, technical, and
clerical personnel (qualified by training and experience),
consistent with State law, as the Council determines to be
necessary to carry out its functions under this part, except
that such State shall not apply hiring freezes, reductions in
force, prohibitions on staff travel, or other policies, to
the extent that such policies would impact staff or functions
funded with Federal funds and would prevent the Council from
carrying out its functions under this Act; and
``(C) directing the expenditure of funds for grants,
contracts, interagency agreements that are binding contracts,
and other activities authorized by the approved State plan.
``(9) Staff hiring and supervision.--A Council shall,
consistent with State law, recruit and hire a Director of the
Council, should the position of Director become vacant, and
supervise and annually evaluate the Director. The Director
shall hire, supervise, and annually evaluate the staff of the
Council. Council recruitment and hiring of staff shall be
consistent with Federal and State nondiscrimination laws.
Dismissal of personnel shall be consistent with State law and
personnel policies.
``(10) Staff assignments.--The staff and other personnel,
while working for the Council, shall be responsible solely
for assisting the Council in carrying out its duties under
this part and shall not be assigned duties by the designated
State agency or any other agency or office of the State.
``(11) Construction.--
``(A) Activities of the Council.--Nothing in this part
shall be construed to preclude a Council from engaging in
systemic change, capacity building, and advocacy activities
for individuals with disabilities other than developmental
disabilities, where appropriate.
``(B) Authority of the Council.--Nothing in this Act shall
be construed to authorize a Council to direct, control, or
exercise any policy making authority or administrative
authority over any program assisted under the Rehabilitation
Act of 1973 (29 U.S.C. 701 et seq.) and the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.).
``(d) Designated State Agency.--
``(1) In general.--Each State that receives assistance
under this part shall designate the State agency that shall,
on behalf of the State, provide support to the Council. After
the date of enactment of the Developmental Disabilities
Assistance and Bill of Rights Act Amendments of 1994, any
designation of a State agency shall be made in accordance
with the requirements of this subsection.
``(2) Designation.--
``(A) Type of agency.--Except as provided in this
subsection, the designated State agency shall be--
``(i) the Council if such Council may be the designated
State agency under the laws of the State;
``(ii) a State agency that does not provide or pay for
services made available to individuals with developmental
disabilities; or
``(iii) a State office, including the immediate office of
the Governor of the State or a State planning office.
``(B) Conditions for continuation of state service agency
designation.--
``(i) Designation before enactment.--If a State agency that
provides or pays for services for individuals with
developmental disabilities was a designated State agency for
purposes of this part on the date of enactment of the
Developmental Disabilities Assistance and Bill of Rights Act
Amendments of 1994, and the Governor of the State (or
legislature, where appropriate and in accordance with State
law) determines prior to June 30, 1994, not to change the
designation of such agency, such agency may continue to be a
designated State agency for purposes of this part.
``(ii) Criteria for continued designation.--The
determination at the discretion of the Governor (or
legislature as the case may be) shall be made after the
Governor has considered the comments and recommendations of
the general public and a majority of the non-State agency
members of the Council with respect to the designation of
such State agency, and after the Governor (or legislature as
the case may be) has made an independent assessment that the
designation of such agency shall not interfere with the
budget, personnel, priorities, or other action of the
Council, and the ability of the Council to serve as an
advocate for individuals with developmental disabilities.
``(C) Review of designation.--After April 1, 1994, the
Council may request a review of the designation of the
designated State agency by the Governor (or legislature as
the case may be). The Council shall provide documentation
concerning the reason the Council desires a change to be made
and make a recommendation to the Governor (or legislature as
the case may be) regarding a preferred designated State
agency.
``(D) Appeal of designation.--After the review is completed
under subparagraph (C), a majority of the non-State agency
members of the Council may appeal to the Secretary for a
review of the designation of the designated State agency if
Council independence as an advocate is not assured because of
the actions or inactions of the designated State agency.
``(3) Responsibilities.--The designated State agency shall,
on behalf of the State, have the responsibilities described
in subparagraphs (A) through (F).
``(A) Support services.--The designated State agency shall
provide required assurances and support services as requested
by and negotiated with the Council.
``(B) Fiscal responsibilities.--The designated State agency
shall--
``(i) receive, account for, and disperse funds under this
part based on the State plan required in section 122; and
``(ii) provide for such fiscal control and fund accounting
procedures as may be necessary to assure the proper
dispersement of, and accounting for, funds paid to the State
under this part.
``(C) Records, access, and financial reports.--The
designated State agency shall keep such records and afford
access thereto as the Secretary and the Council determine
necessary. The designated State agency, if other than the
Council, shall provide timely financial reports at the
request of the Council regarding the status of expenditures,
obligations, liquidation, and the Federal and non-Federal
share.
``(D) Non-federal share.--The designated State agency, if
other than the Council, shall provide the required non-
Federal share defined in section 125A(c).
``(E) Assurances.--The designated State agency shall assist
the Council in obtaining the appropriate State plan
assurances and in ensuring that the plan is consistent with
State law.
``(F) Memorandum of understanding.--On the request of the
Council, the designated State agency shall enter into a
memorandum of understanding with the Council delineating the
roles and responsibilities of the designated State agency.
``(4) Use of funds for designated state agency
responsibilities.--
``(A) Necessary expenditures of state designated agency.--
At the request of any State, a portion of any allotment or
allotments of such State under this part for any fiscal year
shall be available to pay up to one-half (or the entire
amount if the Council is the designated State agency) of the
expenditures found necessary by the Secretary for the proper
and efficient exercise of the functions of the State
designated agency, except that not more than 5 percent of the
total of the allotments of such State for any fiscal year, or
$50,000, whichever is less, shall
[[Page 300]]
be made available for the total expenditure for such purpose
by the State agency designated under this subsection.
``(B) Condition for federal funding.--Amounts shall be
provided under subparagraph (A) to a State for a fiscal year
only on condition that there shall be expended from State
sources for carrying out the responsibilities of the
designated State agency under paragraph (3) not less than the
total amount expended for carrying out such responsibilities
from such sources during the previous fiscal year, except in
such year as the Council may become the designated State
agency.
``(C) Support services provided by other agencies.--With
the agreement of the designated State agency, the Council may
use or contract with agencies other than the designated State
agency to perform the functions of the designated State
agency.
``(e) 1990 Report.--Not later than January 1, 1990, each
Council shall complete the reviews, analyses, and final
report described in this section.
``(1) Comprehensive review and analysis.--Each Council
shall conduct a comprehensive review and analysis of the
eligibility for services provided, and the extent, scope, and
effectiveness of, services provided and functions performed
by, all State agencies (including agencies that provide
public assistance) that affect or that potentially affect the
ability of individuals with developmental disabilities to
achieve the goals of independence, productivity, and
integration and inclusion into the community, including
individuals with developmental disabilities attributable to
physical impairment, mental impairment, or a combination of
physical and mental impairments.
``(2) Consumer satisfaction.--Each Council shall conduct a
review and analysis of the effectiveness of, and consumer
satisfaction with, the functions performed by, and services
provided or paid for from Federal and State funds by, each of
the State agencies (including agencies that provide public
assistance) responsible for performing functions for, and
providing services to, all individuals with developmental
disabilities in the State. Such review and analysis shall be
based upon a survey of a representative sample of individuals
with developmental disabilities receiving services from each
such agency, and if appropriate, shall include such
individuals' families.
``(3) Public review and comment.--Each Council shall
convene public forums, after the provision of notice within
the State, in order to--
``(A) present the findings of the reviews and analyses
prepared under paragraphs (1) and (2);
``(B) obtain comments from all interested individuals in
the State regarding the unserved and underserved populations
of individuals with developmental disabilities that result
from physical impairment, mental impairment, or a combination
of physical and mental impairments; and
``(C) obtain comments on any proposed recommendations
concerning the removal of barriers to services for
individuals with developmental disabilities and to connect
such services to existing State agencies by recommending the
designation of one or more State agencies, as appropriate, to
be responsible for the provision and coordination of such
services.
``(4) Basis for state plan.--Each Council shall utilize the
information developed pursuant to paragraphs (1), (2), and
(3) in developing the State plan.''.
SEC. 206. STATE ALLOTMENTS.
(a) Section Heading.--Section 125 (42 U.S.C. 6025) is
amended--
(1) by striking ``Sec. 125.''; and
(2) in the section heading, by striking ``state
allotments'' and inserting the following new section heading:
``SEC. 125. STATE ALLOTMENTS.''.
(b) Allotments.--Section 125 (42 U.S.C. 6025) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by realigning the margins of subparagraphs (A), (B),
and (C) so as to align with the margin of subparagraph (A) of
paragraph (4); and
(ii) by realigning the margin of the matter following
subparagraph (C) so as to align with the margin of paragraph
(3);
(B) by striking ``(a)(1) For'' and inserting the following:
``(a) Allotments.--
``(1) In general.--For'';
(C) in paragraph (2)--
(i) by striking ``(2) Adjustments'' and inserting the
following:
``(2) Adjustments.--Adjustments'';
(ii) by striking ``may be'' and inserting ``shall be''; and
(iii) by striking ``not less'' and inserting ``and the
percentage of the total appropriation for each State not
less'';
(D) in paragraph (3)--
(i) by striking ``(3)(A) Except'' and all that follows
through ``September 30, 1990.'' and inserting the following:
``(3) Minimum allotment for appropriations less than or
equal to $75,000,000.--
``(A) In general.--Except as provided in paragraph (4), for
any fiscal year the allotment under this section--
``(i) to each of American Samoa, Guam, the United States
Virgin Islands, the Commonwealth of the Northern Mariana
Islands, or the Republic of Palau (until the Compact of Free
Association with Palau takes effect) may not be less than the
greater of--
``(I) $210,000; or
``(II) the greater of the allotment received by such State
for fiscal year 1992, or the allotment received by such State
for fiscal year 1993, under this section (determined without
regard to subsection (d)); and
``(ii) to any State not described in clause (i), may not be
less than the greater of--
``(I) $400,000; or
``(II) the greater of the allotment received by such State
for fiscal year 1992, or the allotment received by such State
for fiscal year 1993, under this section (determined without
regard to subsection (d)).''; and
(ii) by striking ``(B) Notwithstanding'' and inserting the
following:
``(B) Reduction of allotment.--Notwithstanding'';
(E) in paragraph (4), to read as follows:
``(4) Minimum allotment for appropriations in excess of
$75,000,000.--
``(A) In general.--In any case in which amounts
appropriated under section 130 for a fiscal year exceeds
$75,000,000, the allotment under this section for such fiscal
year--
``(i) to each of American Samoa, Guam, the United States
Virgin Islands, the Commonwealth of the Northern Mariana
Islands or the Republic of Palau (until the Compact of Free
Association with Palau takes effect) may not be less than the
greater of--
``(I) $220,000; or
``(II) the greater of the allotment received by such State
for fiscal year 1992, or the allotment received by such State
for fiscal year 1993, under this section (determined without
regard to subsection (d)); and
``(ii) to any State not described in clause (i) may not be
less than the greater of--
``(I) $450,000; or
``(II) the greater of the allotment received by such State
for fiscal year 1992, or the allotment received by such State
for fiscal year 1993, under this section (determined without
regard to subsection (d)).
``(B) Reduction of allotment.--The requirements of
paragraph (3)(B) shall apply with respect to amounts to be
allotted to States under subparagraph (A), in the same manner
and to the same extent as such requirements apply with
respect to amounts to be allotted to States under paragraph
(3)(A).'';
(F) in paragraph (5)--
(i) by striking ``In determining'' and inserting ``State
supports, services, and other activities.--In determining'';
and
(ii) by striking, ``section 122(b)(2)(C)'' and inserting
``section 122(c)(3)(A)''; and
(G) in paragraph (6), by striking ``In any case'' and
inserting ``Increase in allotments.--In any case'';
(2) in subsection (b), by striking ``Any amount'' and
inserting ``Unobligated Funds.--Any amount'';
(3) by redesignating subsections (c) and (d) as subsection
(d) and (e), respectively;
(4) by inserting after subsection (b) the following new
subsection:
``(c) Obligation of Funds.--For the purposes of this part,
State Interagency Agreements are considered valid obligations
for the purpose of obligating Federal funds allotted to the
State under this part.'';
(5) in subsection (d) (as redesignated by paragraph (3)),
by striking ``Whenever'' and inserting ``Cooperative Efforts
Between States.--Whenever''; and
(6) in subsection (e) (as redesignated by paragraph (3)),
by striking ``The amount'' and inserting ``Reallotments.--The
amount''.
SEC. 207. FEDERAL SHARE AND NON-FEDERAL SHARE.
Part B of title I of the Act is amended by inserting after
section 125 (42 U.S.C. 6025) the following new section:
``SEC. 125A. FEDERAL AND NON-FEDERAL SHARE.
``(a) Aggregate Costs.--The Federal share of all projects
in a State supported by an allotment to the State under this
part may not exceed 75 percent of the aggregate necessary
costs of all such projects as determined by the Secretary,
except that--
``(1) in the case of projects whose activities or products
target individuals with developmental disabilities who live
in urban or rural poverty areas, the Federal share of all
such projects may not exceed 90 percent of the aggregate
necessary costs of such projects or activities, as determined
by the Secretary; and
``(2) in the case of projects or activities undertaken by
the Council or Council staff to implement State plan priority
activities, the Federal share of all such activities may be
up to 100 percent of the aggregate necessary costs of such
activities.
``(b) Nonduplication.--In determining the amount of any
State's Federal share of the expenditures incurred by such
State under a State plan approved under section 122, the
Secretary shall not consider--
``(1) any portion of such expenditures that are financed by
Federal funds provided under any provision of law other than
section 125; and
``(2) the amount of any non-Federal funds required to be
expended as a condition of receipt of such Federal funds.
``(c) Non-Federal Share.--
``(1) In kind contributions.--The non-Federal share of the
cost of any project assisted by a grant or an allotment under
this part may be provided in kind.
``(2) Contributions of political subdivisions, public, or
private entities.--
``(A) In general.--Expenditures on projects or activities
by a political subdivision of a State or by a public or
private entity shall, subject to such limitations and
conditions as the Secretary may by regulation prescribe, be
considered to be expendi-
[[Page 301]]
tures by such State in the case of a project under this part.
``(B) State contributions.--State contributions, including
contributions by the designated State agency to provide
support services to the Council pursuant to section
124(d)(4), may be counted as part of such State's non-Federal
share of allotments under this part.
``(3) Variations of the non-federal share.--The non-Federal
share required on a grant-by-grant basis may vary.''.
SEC. 208. PAYMENTS TO THE STATES FOR PLANNING,
ADMINISTRATION, AND SERVICES.
Section 126 (42 U.S.C. 6026) is amended--
(1) by striking ``Sec. 126.'' and inserting ``(a) State
Plan Expenditures.--'';
(2) in the section heading, by striking ``payments to the
states for planning, administration and services'' and
inserting the following new section heading:
``SEC. 126. PAYMENTS TO THE STATES FOR PLANNING,
ADMINISTRATION, AND SERVICES.'';
and
(3) by adding at the end the following new subsection:
``(b) Support Services.--Payments to States for support
services provided by the designated State agency pursuant to
section 124(d)(4) may be made in advance or by way of
reimbursement, and in such installments as the Secretary may
determine.''.
SEC. 209. WITHHOLDING OF PAYMENTS FOR PLANNING,
ADMINISTRATION, AND SERVICES.
Section 127 (42 U.S.C. 6027) is amended--
(1) in the matter preceding paragraph (1), by striking
``Sec. 127.'';
(2) in the section heading by striking ``withholding of
payments for planning, administration and services'' and
inserting the following new section heading:
``SEC. 127. WITHHOLDING OF PAYMENTS FOR PLANNING,
ADMINISTRATION, AND SERVICES.'';
and
(3) in paragraph (1), by striking ``sections'' and
inserting ``section''.
SEC. 210. NONDUPLICATION.
Section 128 (42 U.S.C. 6028) is repealed.
SEC. 211. APPEALS BY STATES.
Section 129 (42 U.S.C. 6029) is amended--
(1) by striking ``Sec. 129.''; and
(2) in the section heading, by striking ``appeals by
states'' and inserting the following new section heading:
``SEC. 129. APPEALS BY STATES.''.
SEC. 212. AUTHORIZATION OF APPROPRIATIONS.
Section 130 (42 U.S.C. 6030) is amended by striking
``$77,400,000'' and all that follows and inserting the
following: ``$70,000,000 for fiscal year 1994, and such sums
as may be necessary for each of the fiscal years 1995 and
1996.''.
SEC. 213. REVIEW, ANALYSIS, AND REPORT.
(a) Review and Analysis.--The Secretary of Health and Human
Services shall review and analyze the allotment formula in
effect under parts B and C of title I of the Developmental
Disabilities Assistance and Bill of Rights Act prior to the
date of enactment of this Act, including the factors
described in such parts, and the data elements and measures
used by the Secretary, to determine whether such formula is
consistent with the purpose of the Act.
(b) Alternative Formulas.--The Secretary of Health and
Human Services shall identify alternative formulas for
allocating funds, consistent with the purpose of this Act.
(c) Report.--Not later than October 1, 1995, the Secretary
of Health and Human Services shall submit a report on the
review conducted under subsection (a) and a copy of the
alternative formulas identified under subsection (b) to the
Committee on Labor and
Human Resources of the Senate and to the Committee on Energy
and Commerce of the House of Representatives.
TITLE III--PROTECTION AND ADVOCACY OF THE RIGHTS OF INDIVIDUALS WITH
DEVELOPMENTAL DISABILITIES
SEC. 301. PART HEADING.
The heading of part C of title I of the Act is amended to
read as follows:
``PART C--PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS''.
SEC. 302. PURPOSE.
Section 141 (42 U.S.C. 6041) is amended--
(1) by striking ``Sec. 141.'';
(2) in the section heading, by striking ``purpose'' and
inserting the following new section heading:
``SEC. 141. PURPOSE.'';
(3) by striking ``system'' and inserting ``Protection and
Advocacy system (hereafter referred to in this part as the
`system') ''; and
(4) by striking ``persons'' and inserting ``individuals''.
SEC. 303. SYSTEM REQUIRED.
(a) Section Heading.--Section 142 (42 U.S.C. 6042) is
amended--
(1) by striking ``Sec. 142.''; and
(2) in the section heading, by striking ``system required''
and inserting the following new section heading:
``SEC. 142. SYSTEM REQUIRED.''.
(b) System.--Section 142 (42 U.S.C. 6042) is amended--
(1) in subsection (a)--
(A) by striking ``In order'' and inserting ``System
Required.--In order'';
(B) in paragraph (1), by striking ``persons'' and inserting
``individuals'';
(C) in paragraph (2)--
(i) by striking ``persons'' each place such term appears
and inserting ``individuals'';
(ii) in subparagraph (A), by striking ``minority'' and
inserting ``ethnic and racial minority'';
(iii) by striking subparagraph (C);
(iv) in subparagraph (E), by striking ``Planning Council''
and inserting ``Developmental Disabilities Council authorized
under part B'';
(v) in subparagraph (F), by striking ``and'' at the end
thereof; and
(vi) in subparagraph (G)--
(I) in clause (i), by striking ``person'' each place such
term appears and inserting ``individual'';
(II) in the matter preceding subclause (I) of clause (ii),
by striking ``person'' and inserting ``individual'';
(III) in clause (ii)(I), by striking ``by reason of the
mental or physical condition of such person'' and inserting
``by reason of such individual's mental or physical
condition'';
(IV) in clause (ii)(III), by striking ``person'' and
inserting ``individual'';
(V) in clause (iii), by realigning the margins of
subclauses (I), (II), and (III) so as to align with the
margins of subclauses (I), (II), and (III) of clause (ii);
(VI) in clause (iii), by striking ``(iii) any'' and
inserting the following:
``(iii) any''; and
(VII) in clause (iii)(III), by striking ``person'' and
inserting ``individual'';
(vii) by redesignating subparagraphs (D), (E), (F), and (G)
as subparagraphs (E), (F), (G), and (I), respectively;
(viii) by inserting after subparagraph (B) the following
new subparagraphs:
``(C) on an annual basis, develop a statement of objectives
and priorities for the system's activities; and
``(D) on an annual basis, provide to the public, including
individuals with developmental disabilities attributable to
either physical impairment, mental impairment, or a
combination of physical or mental impair-
ments, and their representatives, as appropriate, non-State
agency representatives of the State Developmental
Disabilities Council, and the university affiliated program
(if applicable within a State), an opportunity to comment
on--
``(i) the objectives and priorities established by the
system and the rationale for the establishment of such
objectives; and
``(ii) the activities of the system, including the
coordination with the advocacy programs under the
Rehabilitation Act of 1973, the Older Americans Act of 1965,
and the Protection and Advocacy for Mentally Ill Individuals
Act of 1986, and with other related programs, including the
parent training and information centers, education ombudsman
programs and assistive technology projects;'';
(ix) by inserting after subparagraph (G), as so
redesignated in clause (vii), the following new subparagraph:
``(H) have access at reasonable times and locations to any
resident who is an individual with a developmental disability
in a facility that is providing services, supports, and other
assistance to such a resident;'';
(x) by adding at the end the following new subparagraphs:
``(J) hire and maintain sufficient numbers and types of
staff, qualified by training and experience, to carry out
such system's function except that such State shall not apply
hiring freezes, reductions in force, prohibitions on staff
travel, or other policies, to the extent that such policies
would impact staff or functions funded with Federal funds and
would prevent the system from carrying out its functions
under this Act;
``(K) have the authority to educate policymakers; and
``(L) provide assurances to the Secretary that funds
allotted to the State under this section will be used to
supplement and increase the level of funds that would
otherwise be made available for the purposes for which
Federal funds are provided and not to supplant such non-
Federal funds;'';
(D) by striking paragraphs (3) and (5);
(E) in paragraph (4)--
(i) by striking ``the State'' and all that follows through
``provided with'' and inserting ``the State must provide to
the system'';
(ii) by striking ``1902(a)(31)(B)'' and inserting
``1902(a)(31)''; and
(iii) by redesignating such paragraph as paragraph (3); and
(F) by adding at the end the following new paragraph:
``(4) the agency implementing the system will not be
redesignated unless there is good cause for the redesignation
and unless--
``(A) notice has been given of the intention to make such
redesignation to the agency that is serving as the system
including the good cause for such redesignation and the
agency has been given an opportunity to respond to the
assertion that good cause has been shown;
``(B) timely notice and opportunity for public comment in
an accessible format has been given to individuals with
developmental disabilities or their representatives; and
``(C) the system has the opportunity to appeal to the
Secretary that the redesignation was not for good cause.'';
(2) in subsection (b)--
(A) by striking ``(b)(1) To'' and inserting the following:
``(b) Allotments.--
``(1) In general.--To'';
(B) in paragraph (1)--
``(i) in subparagraph (A), to read as follows:
``(A) the total amount appropriated under section 143 for a
fiscal year is at least $20,000,000--
``(i) the allotment of each of American Samoa, Guam, the
United States Virgin Islands, the Commonwealth of the
Northern
[[Page 302]]
Mariana Islands, and the Republic of Palau (until the Compact
of Free Association with Palau takes effect) for such fiscal
year may not be less than the greater of--
``(I) $107,000; or
``(II) the greater of the allotment received by such State
for fiscal year 1992, or the allotment received by such State
for fiscal year 1993, under this section (determined without
regard to subsection (d)); and
``(ii) the allotment of any State not described in clause
(i) for such fiscal year may not be less than the greater
of--
``(I) $200,000; or
``(II) the greater of the allotments received by such State
for fiscal year 1992, or the allotment received by such State
for fiscal year 1993, under this section (determined without
regard to subsection (d)).''; and
(ii) in subparagraph (B), to read as follows:
``(B) the total amount appropriated under section 143 for a
fiscal year is less than $20,000,000--
``(i) the allotment of each of American Samoa, Guam, the
United States Virgin Islands, the Commonwealth of the
Northern Mariana Islands, and the Republic of Palau (until
the Compact of Free Association with Palau takes effect) for
such fiscal year may not be less than the greater of--
``(I) $80,000; or
``(II) the greater of the allotment received by such State
for fiscal year 1992, or the allotment received by such State
for fiscal year 1993, under this section (determined without
regard to subsection (d)); and
``(ii) the allotment of any State not described in clause
(i) for such fiscal year may not be less than the greater
of--
``(I) $150,000; or
``(II) the greater of the allotment received by such State
for fiscal year 1992, or the allotment received by such State
for fiscal year 1993, under this section (determined without
regard to subsection (d)).'';
(C) by realigning the margins of subparagraphs (A) and (B)
of paragraph (2) so as to align with subparagraphs (A)
through (C) of subsection (a)(4);
(D) by realigning the margins of paragraphs (2) through (4)
so as to align with paragraph (4) of subsection (a);
(E) in paragraph (2), by striking ``In any case'' and
inserting ``Increase in allotments.--In any case'';
(F) in paragraph (3), by striking ``A State'' and inserting
``Monitoring the administration of the system.--A State'';
(G) in paragraph (4), by striking ``Notwithstanding'' and
inserting ``Reduction of allotment.--Notwithstanding''; and
(H) by inserting at the end the following new paragraph:
``(5) Technical assistance and american indian
consortium.--In any case in which amounts appropriated under
section 143 for a fiscal year exceeds $24,500,000, the
Secretary shall--
``(A) use not more than 2 percent of the amounts
appropriated to provide technical assistance (consistent with
requests by such systems for such assistance in the year that
appropriations reach $24,500,000) to eligible systems with
respect to activities carried out under this title; and
``(B) provide grants in accordance with paragraph (1)(A)(i)
to American Indian Consortiums to provide protection and
advocacy services.'';
(3) in subsection (c), by striking ``Any amount'' and
inserting ``Unobligated Funds.--Any amount'';
(4) in subsection (d)--
(A) in the matter preceding paragraph (1), by striking ``In
States'' and inserting ``Governing board.--In States'';
(B) in paragraph (1), by inserting before the semicolon
``and include individuals with developmental disabilities who
are eligible for services, or have received or are receiving
services, or parents, family members, guardians, advocates,
or authorized representatives of such individuals'';
(C) in paragraph (2), by striking ``and'' at the end
thereof;
(D) in paragraph (3), by striking the period and inserting
``; and''; and
(E) by adding at the end the following new paragraph:
``(4) in States in which the system is organized as a
public system without a multimember governing or advisory
board, the system shall establish an advisory council that
shall--
``(A) advise the system on policies and priorities to be
carried out in protecting and advocating the rights of
individuals with developmental disabilities; and
``(B) consist of a majority of individuals with
developmental disabilities who are eligible for services, or
have received or are receiving services, or parents, family
members, guardians, advocates, or authorized representatives
of such individuals.'';
(5) in subsection (e), by striking ``As used'' and
inserting ``Records.--As used'';
(6) in subsection (f)--
(A) by striking ``If the'' and inserting ``Access to
Records.--If the''; and
(B) in the matter preceding paragraph (1) by striking
``persons'' and inserting ``individuals'';
(7) in subsection (g)--
(A) by striking ``(g)(1) Nothing'' and inserting the
following:
``(g) Legal Action.--
``(1) In general.--Nothing'';
(B) in paragraph (1), by striking ``persons'' and inserting
``individuals''; and
(C) in paragraph (2), by striking ``(2) Amounts'' and
inserting the following:
``(2) Use of amounts from judgment.--Amounts'';
(8) in subsection (h), by striking ``Notwithstanding'' and
inserting ``Payment to Systems.--Notwithstanding'';
(9) by redesignating subsections (b) through (h) as
subsections (c) through (i), respectively;
(10) by inserting after subsection (a) the following new
subsection:
``(b) American Indian Consortium.--Upon application to the
Secretary, an American Indian consortium, as defined in
section 102, established to provide protection and advocacy
services under this part, shall receive funding pursuant to
subsection (c)(5). Such consortium shall coordinate
activities with existing systems.''; and
(11) by adding at the end the following new subsections:
``(j) Disclosure of Information.--For purposes of any
periodic audit, report, or evaluation required under this
Act, the Secretary shall not require a program to disclose
the identity of, or any other personally identifiable
information related to, any individual requesting assistance
under such program.
``(k) Public Notice of Federal Onsite Review.--The
Secretary shall provide advance public notice of any Federal
programmatic and administrative review and solicit public
comment on the system funded under this part through such
notice. The findings of the public comment solicitation
notice shall be included in the onsite visit report. The
results of such review shall be distributed to the Governor
of the State and to other interested public and private
parties.''.
SEC. 304. AUTHORIZATION OF APPROPRIATIONS.
Section 143 (42 U.S.C. 6043) is amended--
(1) by striking ``Sec. 143.'';
(2) in the section heading, by striking ``authorization of
appropriations'' and inserting the following new section
heading:
``SEC. 143. AUTHORIZATION OF APPROPRIATIONS.'';
(3) by striking ``$24,200,000 for fiscal year 1991'' and
inserting ``$24,000,000 for fiscal year 1994''; and
(4) by striking ``fiscal years 1992 and 1993'' and
inserting ``fiscal years 1995 and 1996''.
TITLE IV--UNIVERSITY AFFILIATED PROGRAMS
SEC. 401. PART HEADING.
The heading of part D of title I of the Act is amended to
read as follows:
``PART D--UNIVERSITY AFFILIATED PROGRAMS''.
SEC. 402. PURPOSE.
Section 151 (42 U.S.C. 6061) is amended to read as follows:
``SEC. 151. PURPOSE AND SCOPE OF ACTIVITIES.
``The purpose of this part is to provide for grants to
university affiliated programs that are interdisciplinary
programs operated by universities, or by public or nonprofit
entities associated with a college or university, to provide
a leadership role in the promotion of independence,
productivity, and integration and inclusion into the
community of individuals with developmental disabilities
through the provision of the following activities, which are
conducted in a culturally competent manner:
``(1) Interdisciplinary preservice preparation of students
and fellows, including the preparation of leadership
personnel.
``(2) Community service activities that shall include
community training and technical assistance for or with
individuals with developmental disabilities, family members
of individuals with developmental disabilities,
professionals, paraprofessionals, students, and volunteers.
Such activities may include state-of-the-art direct services
including family support, individual support, personal
assistance services, educational, vocational, clinical,
health, prevention, or other direct services.
``(3) Dissemination of information and research findings,
which may include the empirical validation of activities
relevant to the purposes described in paragraphs (1) and (2)
and contributions to the development of new knowledge in the
field of developmental disabilities.''.
SEC. 403. GRANT AUTHORITY.
(a) Section Heading.--Section 152 (42 U.S.C. 6062) is
amended--
(1) by striking ``Sec. 152.''; and
(2) in the section heading, by striking ``grant authority''
and inserting the following new section heading:
``SEC. 152. GRANT AUTHORITY.''.
(b) Authority.--Section 152 (42 U.S.C. 6062) is amended--
(1) in subsection (a)--
(A) by striking ``From appropriations'' and inserting
``Administration and Operation.--From appropriations''; and
(B) by striking ``102(18).'' and inserting ``151. Grants
may be awarded for a period not to exceed 5 years.'';
(2) in subsection (b), to read as follows:
``(b) Training Projects.--
``(1) In general.--From amounts appropriated under section
156(a), the Secretary shall make grants to university
affiliated programs receiving grants under subsection (a) to
support training projects to train personnel to address the
needs of individuals with developmental disabilities in areas
of emerging national significance, as described in paragraph
(3). Grants awarded under this subsection shall be awarded on
a competitive basis and may be awarded for a period not to
exceed 5 years.
``(2) Eligibility limitations.--A university affiliated
program shall not be eligible to receive funds for training
projects under this subsection unless--
[[Page 303]]
``(A) such program has operated for at least 1 year; or
``(B) the Secretary determines that such program has
demonstrated the capacity to develop an effective training
project during the first year such program is operated.
``(3) Areas of focus.--Training projects under this
subsection shall train personnel to address the needs of
individuals with developmental disabilities in the areas of
emerging national significance described in subparagraphs (A)
through (H).
``(A) Early intervention.--Grants under this subsection
for training projects with respect to early intervention
services shall be for the purpose of assisting university
affiliated programs in providing training to family members
of children with developmental disabilities and personnel
from all disciplines involved with interdisciplinary
intervention to infants, toddlers, and preschool age children
with developmental disabilities. Such training projects shall
include instruction on family-centered, community-based,
coordinated care for infants, toddlers, and preschool age
children with developmental disabilities and their families.
``(B) Aging.--Grants under this subsection for training
projects with respect to aging and developmental disabilities
shall be for the purpose of supporting the planning, design,
and implementation of coordinated interdisciplinary training
programs between existing aging or gerontological programs
and university affiliated programs in order to prepare
professional staff to provide services for aging individuals
with developmental disabilities and their families.
``(C) Community services.--Grants under this subsection for
training projects with respect to community services shall be
for the purpose of providing training that enhances direct
supports and services for individuals with developmental
disabilities, including training to community members,
families, individuals with developmental disabilities, and
community-based direct service providers. The Secretary shall
ensure that all grants under this subparagraph are made only
to university affiliated programs that involve community-
level direct support services in the preparation of the
application for such grant and that assure that any training
under the university affiliated program will be coordinated
with local community services and support systems and with
State, local, and regional governmental or private agencies
responsible for the planning or delivery of services to
individuals with developmental disabilities.
``(D) Positive behavioral supports.--Grants awarded under
this subsection for training projects with respect to
positive behavioral supports shall be for the purpose of
assisting university affiliated programs in providing
training to family members of individuals with developmental
disabilities and personnel in methods of developing
individual supports that maximize opportunities for
independence, productivity, and integration and inclusion
into the community for individuals with developmental
disabilities and severe behavior problems. Such training
projects shall provide training to--
``(i) address ethical and legal principles and standards,
including the role of personal and cultural values in
designing assessments and interventions;
``(ii) address appropriate assessment approaches that
examine the range of factors that contribute to problem
behavior;
``(iii) address the development of a comprehensive plan
that considers the needs and preferences of an individual
with a developmental disability;
``(iv) address the competence in the types of skills
training, environmental modification, and incentive
procedures that encourage alternative behaviors;
``(v) familiarize training participants with crisis
intervention approaches and the separate role of such
approaches as short-term emergency procedures;
``(vi) familiarize training participants with medical
interventions and how to evaluate the effect of such
interventions on behavior; and
``(vii) address techniques for evaluating the outcomes of
interventions.
``(E) Assistive technology services.--Grants under this
subsection for training projects with respect to assistive
technology services shall be for the purpose of assisting
university affiliated programs in providing training to
personnel who provide, or will provide, assistive technology
services and devices to individuals with developmental
disabilities and their families. Such projects may provide
training and technical assistance to improve access to
assistive technology services for individuals with
developmental disabilities and may include stipends and
tuition assistance for training project participants. Such
projects shall be coordinated with State technology
coordinating councils wherever such councils exist.
``(F) Americans with disabilities act.--Grants under this
subsection for training projects with respect to the
provisions of the Americans with Disabilities Act of 1990
shall be for the purpose of assisting university affiliated
programs in providing training to personnel who provide, or
will provide, services to individuals with developmental
disabilities, and to others concerned with individuals with
developmental disabilities.
``(G) Community transition.--Grants under this subsection
for training projects with respect to transition from school
to adult life shall be for the purpose of assisting
university affiliated programs in providing training to
individuals with developmental disabilities and their
families, generic community agencies, advocacy organizations,
and others in order to stimulate the development and
improvement of policies, procedures, systems, and other
mechanisms that prepare youth with developmental disabilities
to enter adult life. Such projects shall be coordinated with
State transition projects funded under section 626(e) of the
Individuals with Disabilities Education Act, where such State
transition projects exist.
``(H) Other areas.--Grants under this subsection for
training projects with respect to programs in other areas of
national significance shall be for the purpose of training
personnel in an area of special concern to the university
affiliated program, and shall be developed in consultation
with the State Developmental Disabilities Council.
``(4) Courses, traineeships and fellowships.--Grants under
this subsection may be used by university affiliated programs
to--
``(A) assist in paying the costs of courses of training or
study for personnel to provide services for individuals with
developmental disabilities and their families; and
``(B) establish fellowships or traineeships providing such
stipends and allowances as may be determined by the
Secretary.
``(5) Prohibited activities.--Grants awarded under this
subsection shall not be used for administrative expenses for
the university affiliated program under subsection (a).
``(6) Criteria.--Grants awarded under this subsection shall
meet the criteria described in subparagraphs (A) and (B).
``(A) Application.--An application that is submitted for a
grant under this subsection shall present evidence that
training projects assisted by funds awarded under this
section are--
``(i) competency and value based;
``(ii) designed to facilitate independence, productivity,
and integration and inclusion for individuals with
developmental disabilities; and
``(iii) evaluated utilizing state-of-the-art evaluation
techniques in the programmatic areas selected.
``(B) General project requirements.--Training projects
under this subsection shall--
``(i) represent state-of-the-art techniques in areas of
critical shortage of personnel that are identified through
consultation with the consumer advisory committee described
in section 153(d) and the State Developmental Disabilities
Council;
``(ii) be conducted in consultation with the consumer
advisory committee described in section 153(d) and the State
Developmental Disabilities Council;
``(iii) be integrated into the appropriate university
affiliated program and university curriculum;
``(iv) be integrated with relevant State agencies in order
to achieve an impact on statewide personnel and service
needs;
``(v) to the extent practical, be conducted in environments
where services are actually delivered;
``(vi) to the extent possible, be interdisciplinary in
nature;
``(vii) utilize strategies to recruit and train members
from racial and ethnic minority backgrounds and individuals
with disabilities; and
``(viii) address the issue of cultural competence in the
training provided.'';
(3) in subsection (c)--
(A) by striking ``From amounts appropriated under section
154(b)'' and inserting ``Supplemental Awards.--From amounts
appropriated under section 156(a)'';
(B) in paragraph (1)--
(i) by striking ``service-related training to persons'' and
inserting ``interdisciplinary training, community training
and technical assistance, community services, or
dissemination of information to individuals'';
(ii) by striking ``integration into the community of
persons with developmental disabilities'' and inserting
``integration and inclusion into the community of individuals
with developmental disabilities and not otherwise specified
in subsection (b)''; and
(iii) by striking ``persons'' each place such term appears
and inserting ``individuals'';
(C) in paragraph (2)--
(i) by striking ``(A) the'' and inserting ``the'';
(ii) by striking ``persons'' and inserting ``individuals'';
(iii) by striking ``(B) the'' and inserting ``the''; and
(iv) by striking ``parents'' and inserting ``family
members'';
(4) by striking subsection (d);
(5) in subsection (e)--
(A) by striking ``(e) From amounts appropriated under
section 154(a)'' and inserting ``(d) Feasibility Studies.--
From amounts appropriated under section 156(a)''; and
(B) by striking--
(i) ``or a satellite center''; and
(ii) ``or satellite center''; and
(6) by striking subsections (f) and (g).
SEC. 404. APPLICATIONS.
(a) Section Heading.--Section 153 (42 U.S.C. 6063) is
amended--
(1) by striking ``Sec. 153.''; and
(2) in the section heading, by striking ``applications''
and inserting the following new section heading:
``SEC. 153. APPLICATIONS.''.
(b) Applications.--Section 153 (42 U.S.C. 6063) is
amended--
(1) in subsection (a)--
(A) by striking ``Not later than six'' and inserting:
``Standards.--Not later than 12'';
(B) by striking ``Act of 1984'' and inserting ``Assistance
and Bill of Rights Act Amendments of 1994'';
(C) by striking ``persons'' and inserting ``individuals'';
and
[[Page 304]]
(D) by striking ``section 102(18)'' and inserting ``section
151'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking ``No
grants'' and all that follows through ``Such an application''
and inserting ``Assurances.--The application under subsection
(a)'';
(B) in paragraph (1), by striking ``grant will'' and all
that follows through ``level of such funds;'' and inserting
the following: ``grant will--
``(A) not result in any decrease in the use of State,
local, and other non-Federal funds for services for
individuals with developmental disabilities and for training
of individuals to provide such services, which funds would
(except for such grant) be made available to the applicant;
and
``(B) be used to supplement and, to the extent practicable,
increase the level of such funds;'';
(C) in paragraph (2), by striking ``subsection (a)'' each
place such term appears and inserting ``subsection (b)'';
(D) in paragraph (3)--
(i) by striking ``persons'' each place such term appears
and inserting ``individuals'';
(ii) by striking ``treatment, services, or habilitation''
and inserting ``services''; and
(iii) by striking ``the developmentally disabled'' and
inserting ``individuals with developmental disabilities'';
and
(E) in paragraph (5)--
(i) by striking ``Planning'' and inserting ``Developmental
Disabilities''; and
(ii) by striking ``or the satellite center is or will be
located'';
(3) by striking subsections (c) and (d);
(4) by redesignating subsections (a), (b), and (e) as
subsections (b), (c), and (f), respectively;
(5) by inserting after the section heading the following
new subsection:
``(a) In General.--No grants may be made under section
152(a) unless an application therefor is submitted to, and
approved by, the Secretary. Such an application shall be
submitted in such form and manner, and contain such
information, as the Secretary may require.'';
(6) by inserting after subsection (c), as so redesignated
by paragraph (4), the following new subsections:
``(d) Consumer Advisory Committee.--The Secretary shall
only make grants under section 152(a) to university
affiliated programs that establish a consumer advisory
committee comprised of individuals with developmental
disabilities, family members of individuals with
developmental disabilities, representatives of State
protection and advocacy systems, State developmental
disabilities councils (including State service agency
directors), local agencies, and private nonprofit groups
concerned with providing services for individuals with
developmental disabilities, which may include representatives
from parent training and information centers. The consumer
advisory committee shall reflect the racial and ethnic
diversity of the geographic area served by the university
affiliated program.
``(e) Federal Share.--
``(1) In general.--The Federal share of any project to be
provided through grants under this part may not exceed 75
percent of the necessary cost of such project, as determined
by the Secretary, except that if the project activities or
products target individuals with developmental disabilities
who live in an urban or rural poverty area, the Federal share
may not exceed 90 percent of the project's necessary costs as
so determined by the Secretary.
``(2) Project expenditures.--For the purpose of determining
the Federal share with respect to any project, expenditures
on that project by a political subdivision of the State or by
a public or private entity shall, subject to such limitations
and conditions as the Secretary may by regulation prescribe,
be considered to be expenditures made by a university
affiliated program under this part.'';
(7) in subsection (f), as so redesignated by paragraph
(4)--
(A) by striking ``(f)(1) The Secretary'' and inserting the
following:
``(f) Peer Review.--
``(1) In general.--The Secretary'';
(B) in paragraph (1), by striking ``Such peer review'' and
all that follows through ``152(b)(1)(D).'';
(C) in paragraph (2)--
(i) by striking ``(2) Regulations'' and inserting the
following:
``(2) Regulations.--Regulations''; and
(ii) by striking ``experience or training'' and inserting
``experience and training'';
(D) in paragraph (3), to read as follows:
``(3) Approval.--
``(A) In general.--The Secretary may approve an application
under this part only if such application has been recommended
by a peer review group that has conducted the peer review
required under paragraph (1).
``(B) Applicability.--This paragraph shall apply to the
approval of grant applications received for fiscal year 1990
and succeeding fiscal years.'';
(E) in paragraph (4)--
(i) by striking ``(4) The Secretary'' and inserting the
following:
``(4) Establishment of peer review groups.--The
Secretary''; and
(ii) by realigning the margins of subparagraphs (A) and (B)
so as to align with the margin of subparagraph (A) of
paragraph (3); and
(F) in paragraph (5), by striking ``(5) The Secretary'' and
inserting the following:
``(5) Waivers of approval.--The Secretary''; and
(8) by adding at the end the following new subsection:
``(g) Review by Other Federal Agencies.--The Secretary
shall establish such a process for the review of applications
for grants under section 152(a) as will ensure, to the
maximum extent feasible, that each Federal agency that
provides funds for the direct support of the applicant's
program reviews the application.''.
SEC. 405. GRANT AWARDS.
Section 154 (42 U.S.C. 6064) is amended to read as follows:
``SEC. 154. PRIORITY FOR GRANT AWARDS.
``(a) In General.--In awarding and distributing grant funds
under this part, the Secretary, subject to the availability
of appropriations, shall award and distribute grant funds in
accordance with the following order of priorities:
``(1) Existing state university affiliated programs.--First
priority shall be given, with respect to the provision of
grant awards under section 152(a) in the amount of $200,000,
to an existing State university affiliated program that meets
the requirements under section 153.
``(2) Unserved states.--Second priority shall be given,
with respect to the provision of grant awards under section
152(a) in the amount of $200,000, to a university or public
or nonprofit entity associated with a college or university
that desires to establish a university affiliated program in
a State that is unserved by a university affiliated program
as of the date of enactment of the Developmental Assistance
and Bill of Rights Act Amendments of 1994.
``(3) Training projects in all university affiliated
programs.--Third priority shall be given, with respect to the
provision of grant awards, to each university affiliated
program that receives funding under section 152(a) and that
meets the eligibility limitations under section 152(b) to the
establishment of training projects under section 152(b) in
the amount of $90,000 in each such program.
``(4) Increased funding for training projects.--Fourth
priority shall be given, with respect to the provision of
grant awards, to the provision of an increase in the amount
of a training project grant award under section 152(b) to
$100,000.
``(5) Increased funding for university affiliated
programs.--Fifth priority shall be given, with respect to the
provision of grant awards, to the provision of an increase in
the amount of a university affiliated program grant award
under section 152(a) to $250,000.
``(6) Additional training.--Sixth priority shall be given,
with respect to the provision of grant awards, to an existing
university affiliated program in a State that is served by
such program under section 152(a) to provide additional
training under subsection (b) or (c) of section 152 within
such State or other geographic regions, or to a university or
public or nonprofit entity associated with a college or
university that desires to establish another university
affiliated program within such State under section 152(a).
All applications submitted to the Secretary for such grant
awards shall document plans for coordinating activities with
an existing university affiliated program in the State (if
applicable) and in consultation with the State Developmental
Disabilities Council.
``(b) Additional Programs.--For purposes of making grants
under subsection (a)(6), the Secretary shall consider
applications for grants for university affiliated programs--
``(1) for States that are currently underserved by a
university affiliated program; and
``(2) that are in addition to the total number of
university affiliated programs receiving grants under this
subsection for the preceding fiscal year.
``(c) Single Application.--When every State is served by a
university affiliated program under section 152(a) in the
amount of $200,000 and every such program has been awarded a
training grant under section 152(b) in the amount of $90,000,
the Secretary may accept applications under such sections in
a single application.''.
SEC. 406. AUTHORIZATION OF APPROPRIATIONS AND DEFINITION.
Part D of title I (42 U.S.C. 151 et seq.) is amended by
adding at the end the following new sections:
``SEC. 155. DEFINITION.
``For purposes of this part, the term `State' means each of
the several States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the United States
Virgin Islands, and Guam.
``SEC. 156. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--For the purpose of making grants under
subsections (a), (b), (c), and (d) of section 152, there are
authorized to be appropriated $19,000,000 for fiscal year
1994, and such sums as may be necessary for each of the
fiscal years 1995 and 1996.
``(b) Limitation.--With respect to peer review or other
activities directly related to peer review, the Secretary may
not use--
``(1) for fiscal year 1994, more than $300,000 of the funds
made available under subsection (a) for such review or such
other activities; and
``(2) for any succeeding fiscal year, more than the amount
of the funds made available under paragraph (1) adjusted to
take into account the increase in the Consumer Price Index
for such fiscal year for such review or such other
activities.''.
[[Page 305]]
TITLE V--PROJECTS OF NATIONAL SIGNIFICANCE
SEC. 501. PART HEADING.
The heading of part E of title I of the Act is amended to
read as follows:
``PART E--PROJECTS OF NATIONAL SIGNIFICANCE''
SEC. 502. PURPOSE.
Section 161 (42 U.S.C. 6081) is amended to read as follows:
``SEC. 161. PURPOSE.
``The purpose of this part is to provide for grants and
contracts for projects of national significance that support
the development of national and State policy to enhance the
independence, productivity, and integration and inclusion of
individuals with developmental disabilities through--
``(1) data collection and analysis;
``(2) technical assistance to enhance the quality of State
Developmental Disabilities Councils, protection and advocacy
systems, and university affiliated programs; and
``(3) other projects of sufficient size and scope that hold
promise to expand or improve opportunities for individuals
with developmental disabilities, including--
``(A) technical assistance for the development of
information and referral systems;
``(B) educating policymakers;
``(C) Federal interagency initiatives;
``(D) the enhancement of participation of racial and ethnic
minorities in public and private sector initiatives in
developmental disabilities;
``(E) transition of youth with developmental disabilities
from school to adult life; and
``(F) special pilots and evaluation studies to explore the
expansion of programs under part B to individuals with severe
disabilities other than developmental disabilities.''.
SEC. 503. GRANT AUTHORITY.
(a) Section Heading.--Section 162 (42 U.S.C. 6082) is
amended--
(1) by striking ``Sec. 162.''; and
(2) in the section heading, by striking ``grant authority''
and inserting the following new section heading:
``SEC. 162. GRANT AUTHORITY.''.
(b) Authority.--Section 162 (42 U.S.C. 6082) is amended--
(1) in subsection (a), to read as follows:
``(a) In General.--The Secretary--
``(1) shall make grants to and enter into contracts with
public or nonprofit private entities for projects of national
significance relating to individuals with developmental
disabilities to--
``(A) support ongoing data collection on expenditures,
residential services and employment, and develop an ongoing
data collection system, including data collection on the
accomplishments of State Developmental Disabilities Councils,
protection and advocacy systems, and university affiliated
programs that includes data on the participation of
individuals from racial and ethnic minority backgrounds; and
``(B) provide technical assistance (including research,
training, and evaluation) that expands or improves the
effectiveness of State Developmental Disabilities Councils
under part B, protection and advocacy systems under part C,
and university affiliated programs under part D, including
the evaluation and assessment of the quality of services
provided to individuals with developmental disabilities and
other activities performed by programs under parts B, C, and
D; and
``(2) may make grants to and enter into contracts with
public or nonprofit private entities for projects of national
significance relating to individuals with developmental
disabilities to conduct other nationally significant
initiatives of sufficient size and scope that hold promise of
expanding or oth-
erwise improving opportunities for individuals with
developmental disabilities, including--
``(A) conducting research and providing technical
assistance to assist States to develop statewide,
comprehensive information and referral and service
coordination systems for individuals with developmental
disabilities and their families that are culturally competent
and that improve supportive living and quality of life
opportunities that enhance recreation, leisure, and fitness;
``(B) educating policymakers, including the training of
self-advocates and family members of individuals with
developmental disabilities;
``(C) pursuing Federal interagency initiatives that enhance
the ability of Federal agencies to address the needs of
individuals with developmental disabilities and their
families;
``(D) expanding or otherwise improving opportunities for
individuals with developmental disabilities who are from
racial and ethnic minority backgrounds including projects to
encourage members of such groups to participate in the
Developmental Disabilities Programs authorized under parts B,
C, and D, and increase the involvement of students and
professionals of such groups in the provision of services to,
supports to, and advocacy for, individuals with developmental
disabilities; and
``(E) conducting research and providing technical
assistance to policymakers concerning the transition of youth
with developmental disabilities from school to work and to
adult life.'';
(2) in subsection (b), to read as follows:
``(b) Application and Other Grant Requirements.--No grant
may be made under subsection (a) unless--
``(1) an application has been submitted to the Secretary in
such form, in such manner, and containing such information as
the Secretary shall by regulation prescribe and such
application has been approved by the Secretary;
``(2) each State in which the applicant's project will be
conducted has a State plan approved under section 122;
``(3) the application provides assurances that the human
rights of all individuals with developmental disabilities
(especially those individuals without familial protection)
who are receiving services under projects assisted under this
part will be protected consistent with section 110 (relating
to the rights of individuals with developmental
disabilities);
``(4) the applicant demonstrates, where appropriate, how
the project will address, in whole or part, the needs of
individuals with developmental disabilities from racial and
ethnic minority backgrounds; and
``(5) the Secretary provides to the State Developmental
Disabilities Council in such State an opportunity to review
the application for such project and to submit its comments
on the application.'';
(3) in subsection (c), by striking ``Not later'' and
inserting ``Priorities for Grants.--Not later'';
(4) in subsection (d)--
(A) by striking ``Payments under'' and inserting ``Grant
Payments.--Payments under''; and
(B) by inserting before the period in the second sentence
``, except as otherwise provided under section 163'';
(5) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively;
(6) by inserting after subsection (a) the following new
subsection:
``(b) Investigations.--
``(1) In general.--Not later than April 1, 1994, there
shall be a special initiative to support grants to
investigate the expansion of part B activities to individuals
with se-
vere disabilities other than developmental disabilities. Such
investigations shall be implemented through the following
activities:
``(A) A national study of State Developmental Disabilities
Councils that are currently mandated under State law or
Executive order to focus on individuals with disabilities
other than developmental disabilities. Such study shall be
completed not later than June 30, 1995.
``(B) Pilot initiatives by not more than five additional
State Developmental Disabilities Councils, in consultation
with and with the support of the protection and advocacy
system and the university affiliated program in such State,
to study the implications of such expansion in States in
which such Councils are located and to delineate barriers,
opportunities, and critical issues. Such initiatives shall be
completed not later than January 1996.
``(C) A national study of the process and outcomes of the
pilot studies conducted under subparagraph (B). Such study
shall be completed not later than May 30, 1996.
``(2) Application.--No grant may be made under this
subsection unless an applicant submits to the Secretary an
application, and meets the additional application
requirements, under subsection (c).''; and
(7) by adding at the end thereof the following new
subsection:
``(f) List of Recipients.--Not later than September 1 of
each fiscal year, the Secretary shall publish in the Federal
Register a list of the recipients of grants and contracts in
each of the areas authorized in subsections (a) and (b),
including a brief description of the project, and the amount
of funds granted to each such project. The amounts for such
grants and contracts shall total the amount appropriated
under this part for such fiscal year.''.
SEC. 504. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 163(a) (42 U.S.C. 6083(a)) is
amended--
(1) by striking ``$3,650,000'' and inserting
``$4,000,000'';
(2) by striking ``fiscal year 1991'' and inserting ``fiscal
year 1994''; and
(3) by striking ``fiscal years 1992 and 1993'' and
inserting ``fiscal years 1995 and 1996''.
(b) Limitations.--Section 163(b) (42 U.S.C. 6083(b)) is
amended to read as follows:
``(b) Limitations.--
``(1) Projects of national significance.--At least 8
percent, but in no event less than $300,000, of the amounts
appropriated pursuant to subsection (a) shall be used to
carry out the provisions of section 162(a)(1)(B).
``(2) Investigations.--
``(A) In general.--The additional authority to fund
projects under section 162(b) shall not be construed as
requiring the Secretary to supplant funding for other
priorities described in this part.
``(B) Time line for funding.--If amounts are available to
carry out subparagraphs (A), (B), and (C) of section
162(b)(1), the Administration shall provide funding to carry
out such subparagraphs not later than May 1 of the fiscal
year in which such funds become available.
``(3) Programmatic reviews or other administrative
activities.--The Secretary may not use the funds made
available under subsection (a) for programmatic reviews as
prescribed by regulation or other administrative activities
under parts B, C, and D.
``(4) Technical assistance for protection and advocacy
systems.--If technical assistance to improve the
effectiveness of protection and advocacy systems under part C
is provided under section 142(c)(5)--
``(A) no funding for the provision of such technical
assistance to protection and advocacy systems shall be
provided under this part; and
[[Page 306]]
``(B) the amount set aside for technical assistance under
section 162(a)(1)(B) shall be proportionally reduced.''.
And the House agree to the same.
John D. Dingell,
Henry A. Waxman,
Sherrod Brown,
Carlos J. Moorhead,
Tom Bliley,
Managers on the Part of the House.
Edward M. Kennedy,
Tom Harkin,
Howard M. Metzenbaum,
Nancy Landon Kassebaum,
Dave Durenberger,
Managers on the Part of the Senate.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. WAXMAN and Mr.
MOORHEAD, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said conference report?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said conference report was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said conference report was agreed to was passed was, by unanimous
consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 27.19 recess--1:42 p.m.
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to clause 12 of rule
I, declared the House in recess at 1 o'clock and 42 minutes p.m., until
2:30 p.m.
Para. 27.20 after recess--2:31 p.m.
The SPEAKER pro tempore, Mr. COLEMAN, called the House to order.
Para. 27.21 submission of conference report--h.r. 1804
Mr. KILDEE submitted a conference report (Rept. No. 103-446) on the
bill (H.R. 1804) to improve learning and teaching by providing a
national framework for education reform; to promote the research,
consensus building, and systemic changes needed to ensure equitable
educational opportunities and high levels of educational achievement for
all students; to provide a framework for reauthorization of all Federal
education programs; to promote the development and adoption of a
voluntary national system of skill standards and certifications, and for
other purposes; together with a statement thereon, for printing in the
Record under the rule.
Para. 27.22 america's schools
The SPEAKER pro tempore, Mr. COLEMAN, pursuant to House Resolution 366
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 6) to extend for six years the authorizations of
appropriations for the programs under the Elementary and Secondary
Education Act of 1965, and for certain other purposes.
Mr. PRICE, Chairman of the Committee of the Whole, resumed the chair;
and after some time spent therein,
Para. 27.23 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. ROTH:
Beginning on page 618, strike line 1 and all that follows
through page 688, line 10.
It was decided in the
Yeas
58
<3-line {>
negative
Nays
334
Para. 27.24 [Roll No. 73]
AYES--58
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Barrett (NE)
Bartlett
Bentley
Bliley
Bunning
Burton
Callahan
Coble
Collins (GA)
Combest
Crane
DeLay
Dickey
Doolittle
Dreier
Duncan
Everett
Ewing
Fawell
Fields (TX)
Gekas
Goodlatte
Hancock
Hansen
Herger
Hunter
Hutchinson
Johnson, Sam
Kim
King
Kingston
Knollenberg
Linder
Manzullo
McCandless
McMillan
Mica
Myers
Oxley
Packard
Paxon
Petri
Rogers
Rohrabacher
Roth
Royce
Sensenbrenner
Shuster
Smith (OR)
Solomon
Spence
Stump
Taylor (NC)
NOES--334
Abercrombie
Allard
Andrews (NJ)
Andrews (TX)
Applegate
Baesler
Ballenger
Barca
Barcia
Barrett (WI)
Barton
Bateman
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Blute
Boehner
Bonilla
Bonior
Borski
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Dornan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gilman
Glickman
Gonzalez
Goodling
Gordon
Goss
Green
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastert
Hayes
Hefley
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Klug
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Lipinski
Livingston
Lloyd
Long
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Menendez
Meyers
Mfume
Michel
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roberts
Roemer
Ros-Lehtinen
Rose
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Spratt
Stark
Stearns
Stenholm
Strickland
Studds
Stupak
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zimmer
NOT VOTING--46
Ackerman
Andrews (ME)
Bacchus (FL)
Barlow
Becerra
Boehlert
Boucher
Buyer
Clay
Cox
Deutsch
Faleomavaega (AS)
Ford (TN)
Fowler
Gallo
Gillmor
Gingrich
Grams
Grandy
Gutierrez
Hamburg
Hastings
Hoke
Johnson, E. B.
Johnston
Lehman
Lowey
McCloskey
Meehan
Meek
Miller (CA)
Murphy
Natcher
Owens
Pelosi
Pickle
Ridge
Romero-Barcelo (PR)
Rostenkowski
Slattery
Stokes
Sundquist
Underwood (GU)
Velazquez
Washington
Zeliff
So the amendment was not agreed to.
After some further time,
Para. 27.25 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. WILLIAMS to the
amendment submitted by Mr. Sam JOHNSON of Texas:
Amendment submitted by Mr. WILLIAMS:
In section 9508, as proposed to be added by the amendment--
(1) in the heading, strike ``PROHIBITION AGAINST''; and
[[Page 307]]
(2) in the text, strike ``Notwithstanding'' and all that
follows through ``in such'', and insert the following:
``No funds authorized to be appropriated under this Act may
be used by any State or local educational agency to adopt
policies that prevent voluntary prayer and medication in''.
Amendment submitted by Mr. Sam JOHNSON of Texas:
Page 762, after line 8, insert the following:
``SEC. 9508. PROHIBITION AGAINST FUNDS FOR PROTECTED PRAYER.
``Notwithstanding any provision of law, no funds made
available through the Department of Education under this Act,
or any other Act, shall be available to any State or local
educational agency which has a policy of denying or which
effectively prevents participation in, constitutionally
protected prayer in public schools by individuals on a
voluntary basis. Neither the United States nor any State nor
any local educational agency shall require any person to
participate in prayer or influence the form or content of any
constitutionally protected prayer in such public schools.''.
It was decided in the
Yeas
171
<3-line {>
negative
Nays
239
Para. 27.26 [Roll No. 74]
AYES--171
Abercrombie
Andrews (ME)
Andrews (NJ)
Barca
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bishop
Blackwell
Boehlert
Bonior
Borski
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Cantwell
Cardin
Carr
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Coppersmith
Coyne
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Dicks
Dingell
Dixon
Durbin
Edwards (CA)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Glickman
Gonzalez
Green
Gutierrez
Hamburg
Harman
Hilliard
Hinchey
Hoagland
Hochbrueckner
Hughes
Inslee
Jefferson
Johnson (CT)
Johnson (SD)
Kennelly
Kildee
Kleczka
Klein
Kopetski
Kreidler
LaFalce
Lambert
Lantos
LaRocco
Laughlin
Leach
Levin
Lewis (GA)
Lowey
Maloney
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
McDermott
McKinney
Meehan
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Moran
Murtha
Nadler
Neal (MA)
Norton (DC)
Oberstar
Obey
Olver
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Pomeroy
Porter
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Sisisky
Skaggs
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Tucker
Unsoeld
Velazquez
Vento
Visclosky
Waters
Watt
Waxman
Williams
Woolsey
Wyden
Yates
NOES--239
Allard
Andrews (TX)
Applegate
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehner
Bonilla
Boucher
Brewster
Browder
Bunning
Burton
Callahan
Calvert
Camp
Canady
Castle
Chapman
Clement
Clinger
Coble
Collins (GA)
Combest
Condit
Conyers
Cooper
Costello
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Geren
Gilchrest
Gingrich
Goodlatte
Goodling
Gordon
Goss
Grams
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Hefner
Herger
Hobson
Hoekstra
Holden
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson (GA)
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kennedy
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
Kyl
Lancaster
Lazio
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Machtley
Mann
Manzullo
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Mica
Michel
Miller (FL)
Molinari
Mollohan
Montgomery
Moorhead
Morella
Myers
Neal (NC)
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Rowland
Royce
Sangmeister
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shuster
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Torkildsen
Traficant
Upton
Valentine
Volkmer
Vucanovich
Walker
Walsh
Weldon
Whitten
Wilson
Wise
Wolf
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--28
Ackerman
Bacchus (FL)
Buyer
Byrne
Clay
Cox
Deutsch
Faleomavaega (AS)
Gallo
Gillmor
Grandy
Hastings
Hoke
Hoyer
Johnson, E. B.
Johnston
Meek
Murphy
Natcher
Pickle
Ridge
Romero-Barcelo (PR)
Rostenkowski
Santorum
Slattery
Underwood (GU)
Washington
Wheat
So the amendment to the amendment was not agreed to.
After some further time,
Para. 27.27 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the foregoing amendment submitted by Mr. JOHNSON of Texas.
It was decided in the
Yeas
345
<3-line {>
affirmative
Nays
64
Para. 27.28 [Roll No. 75]
AYES--345
Allard
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Carr
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Combest
Condit
Cooper
Costello
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
DeLay
Derrick
Diaz-Balart
Dickey
Dicks
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
English
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Fish
Flake
Foglietta
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Frost
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Holden
Horn
Houghton
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Menendez
Meyers
Mfume
Mica
Michel
Miller (FL)
Minge
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Neal (MA)
Neal (NC)
Norton (DC)
Obey
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Regula
Richardson
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
[[Page 308]]
Roukema
Rowland
Royce
Sanders
Sangmeister
Sarpalius
Sawyer
Saxton
Schaefer
Schiff
Schroeder
Schumer
Sensenbrenner
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torricelli
Traficant
Tucker
Upton
Valentine
Volkmer
Vucanovich
Walker
Walsh
Weldon
Whitten
Wilson
Wise
Wolf
Wyden
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--64
Abercrombie
Andrews (ME)
Becerra
Beilenson
Berman
Bonior
Cardin
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Coyne
Dellums
Dingell
Edwards (CA)
Engel
Eshoo
Filner
Fingerhut
Ford (MI)
Frank (MA)
Furse
Gonzalez
Hamburg
Harman
Kopetski
Lewis (GA)
Margolies-Mezvinsky
Markey
McKinney
Meehan
Miller (CA)
Mineta
Mink
Nadler
Oberstar
Olver
Owens
Payne (NJ)
Pelosi
Reed
Reynolds
Roybal-Allard
Rush
Sabo
Schenk
Scott
Serrano
Skaggs
Stark
Swift
Synar
Torres
Towns
Unsoeld
Velazquez
Vento
Visclosky
Waters
Watt
Waxman
Williams
Woolsey
Yates
NOT VOTING--29
Ackerman
Bacchus (FL)
Bachus (AL)
Buyer
Clay
Cox
Deutsch
Faleomavaega (AS)
Gallo
Gillmor
Grandy
Hastings
Hoke
Hoyer
Johnson, E. B.
Johnston
Meek
Murphy
Natcher
Nussle
Pickle
Ridge
Romero-Barcelo (PR)
Rostenkowski
Santorum
Slattery
Underwood (GU)
Washington
Wheat
So the amendment was agreed to.
After some further time,
The SPEAKER pro tempore, Mr. PETERSON of Florida, assumed the Chair.
When Mr. DARDEN, Acting Chairman, reported that the Committee, having
had under consideration said bill, had come to no resolution thereon.
Para. 27.29 waiving points of order against conference report to
accompany h.r. 1804
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-447) the resolution (H. Res. 393) waiving points of order
against the conference report to accompany the bill (H.R. 1804) to
improve learning and teaching by providing a national framework for
education reform; to promote the research, consensus building, and
systemic changes needed to ensure equitable educational opportunities
and high levels of educational achievement for all American students; to
provide a framework for reauthorization of all Federal education
programs; to promote the development and adoption of a voluntary
national system of skill standards and certifications, and for other
purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 27.30 america's schools
The SPEAKER pro tempore, Mr. PETERSON of Florida, pursuant to House
Resolution 366 and rule XXIII, declared the House resolved into the
Committee of the Whole House on the state of the Union for the further
consideration of the bill (H.R. 6) to extend for six years the
authorizations of appropriations for the programs under the Elementary
and Secondary Education Act of 1965, and for certain other purposes.
Mr. DARDEN, Acting Chairman, assumed the chair; and after some time
spent therein,
The SPEAKER pro tempore, Mr. PETERSON of Florida, assumed the Chair.
When Mr. DARDEN, Acting Chairman, reported that the Committee, having
had under consideration said bill, had come to no resolution thereon.
Para. 27.31 education and sharing day, u.s.a.
On motion of Ms. NORTON, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the joint resolution (H.J. Res. 329) designating March 23, 1994, as
``Education and Sharing Day, U.S.A.''.
When said joint resolution was considered, read twice, ordered to be
engrossed and read a third time, was read a third time by title, and
passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
Para. 27.32 small family farm week
On motion of Ms. NORTON, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the joint resolution of the Senate (S.J. Res. 171) to designate March 20
through March 26, 1994, as ``Small Family Farm Week''.
When said joint resolution was considered, read twice, ordered to be
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 27.33 senate joint resolution referred
A joint resolution of the Senate of the following title was taken from
the Speaker's table and, under the rule, referred as follows:
S.J. Res. 171. Joint resolution to designate March 20
through March 26, 1994, as ``Small Family Farm Week''; to the
Committee on Post Office and Civil Service.
Para. 27.34 senate enrolled joint resolution signed
The SPEAKER announced his signature to an enrolled joint resolution of
the Senate of the following title:
S.J. Res. 56. Joint resolution to designate the week
beginning April 11, 1994, as ``National Public Safety
Telecommunications Week.''
Para. 27.35 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. GALLO, for today and the balance of the week;
To Mr. BUYER, for today;
To Mrs. FOWLER, for today until 6:30 p.m.; and
To Mrs. MEEK, for today.
And then,
Para. 27.36 adjournment
On motion of Ms. Pelosi, pursuant to the special order of the House of
February 11, 1994, at 10 o'clock and 45 minutes p.m., the House
adjourned until 10:30 a.m., Tuesday, March 22, 1994.
Para. 27.37 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. GONZALEZ: Committee on Banking, Finance and Urban
Affairs. H.R. 3235. A bill to amend subchapter II of chapter
53 of title 31, United States Code, to improve enforcement of
antimoney laundering laws, and for other purposes; with an
amendment (Rept. No. 103-438). Referred to the Committee of
the Whole House on the State of the Union.
Mr. STUDDS: Committee on Merchant Marine and Fisheries.
H.R. 2760. A bill to authorize the Marine Mammal Protection
Act for a period of 6 years, to establish a new regime to
govern the incidental taking of marine mammals in the course
of commercial fishing operations, and for other purposes;
with amendments (Rept. No. 103-439). Referred to the
Committee of the Whole House on the State of the Union.
Mr. STUDDS: Committee on Merchant Marine and Fisheries.
H.R. 3360. A bill to direct the Secretary of Transportation
to demonstrate on vessels ballast water management
technologies and practices, including vessel modification and
design, that will prevent aquatic nonindigenous species from
being introduced and spread in U.S. waters; with an amendment
(Rept. No. 103-440). Referred to the Committee of the Whole
House on the State of the Union.
Mr. STUDDS: Committee on Merchant Marine and Fisheries.
H.R. 3886. A bill to amend the boundaries of the Flower
Garden Banks National Marine Sanctuary (Rept. No. 103-441).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. DINGELL: Committee of Conference. Conference report on
S. 1284. An Act to amend the Developmental Disabilities
Assistance and Bill of Rights Act to expand or modify certain
provisions relating to programs for certain individuals with
developmental disabilities, Federal assistance for priority
area activities for individuals with developmental
disabilities, protection and advocacy of individual rights,
university affiliated programs, and projects of national
significance, and for other purposes (Rept. No. 103-442).
Ordered to be printed.
Mr. MILLER of California: Committee on Natural Resources.
S. 1574. An Act to author-
[[Page 309]]
ize appropriations for the Coastal Heritage Trail Route in
the State of New Jersey, and for other purposes; with an
amendment (Rept. No. 103-443). Referred to the Committee of
the Whole House on the State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 4034. A bill to amend the Urban Park and Recreation
Recovery Act of 1978 to authorize grants for the expansion of
recreation opportunities for at risk youth in urban areas
with a high prevalence of crime, and for other purposes; with
an amendment (Rept. No. 103-444). Referred to the Committee
of the Whole House on the State of the Union.
Mr. STUDDS: Committee on Merchant Marine and Fisheries.
H.R. 3786. A bill to amend title 46, United States Code, to
establish requirements to ensure safe operation of
recreational vessels, to require allocation of State
recreational boating safety program assistance based on State
adoption of laws regarding boating while intoxicated, and for
other purposes (Rept. No. 103-445). Referred to the Committee
of the Whole House on the State of the Union.
Mr. FORD of Michigan: Committee of Conference. Conference
report on H.R. 1804. A bill to improve learning and teaching
by providing a national framework for education reform; to
promote the research, consensus building, and systemic
changes needed to ensure equitable educational opportunities
and high levels of educational achievement for all American
students; to provide a framework for reauthorization of all
Federal education programs; to promote the development and
adoption of a voluntary national system of skill standards
and certifications, and for other purposes (Rept. No. 103-
446). Ordered to be printed.
Mr. DERRICK: Committee on Rules. House Resolution 393.
Resolution waiving points of order against the conference
report to accompany the bill (H.R. 1804) to improve learning
and teaching by providing a national framework for education
reform; to promote the research, consensus building, and
systemic changes needed to ensure equitable educational
opportunities and high level of educational achievement for
all American students; to provide a framework for
reauthorization of all Federal education programs; to promote
the development and adoption of a voluntary national system
of skill standards and certifications, and for other purposes
(Rept. No. 103-447).
Para. 27.38 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BILIRAKIS:
H.R. 4094. A bill to require that a study be conducted with
respect to the medical benefits and services that are
available to individuals by virtue of being Members of
Congress; to the Committee on House Administration.
By Mrs. FOWLER:
H.R. 4095. A bill to repeal the Medicare and Medicaid
coverage data bank, and for other purposes; jointly, to the
Committees on Ways and Means and Energy and Commerce.
By Mr. HILLIARD:
H.R. 4096. A bill to ensure that certain unresolved
commercial disputes between American firms and Saudi Arabia
are resolved satisfactorily; to the Committee on Foreign
Affairs.
By Mr. LEACH:
H.R. 4097. A bill to reform the Federal regulation of
depository institution service corporations; to the Committee
on Banking, Finance and Urban Affairs.
By Mr. MONTGOMERY:
H.R. 4098. A bill to suspend through September 30, 1995,
the duty on certain textile manufacturing machinery; to the
Committee on Ways and Means.
By Mr. MORAN:
H.R. 4099. A bill to amend the Internal Revenue Code of
1986 to index the basis of certain assets for purposes of
determining gain; to the Committee on Ways and Means.
By Mr. PORTER:
H.R. 4100. A bill to limit the Seawolf submarine program to
two vessels and to limit the costs of procurement of those
vessels; to the Committee on Armed Services.
By Mr. SANGMEISTER (for himself, Mr. Lipinski, and Mr.
Costello:
H.R. 4101. A bill to amend title 28, United States Code, to
create a southern division in the Northern Judicial District
of Illinois; to the Committee on the Judiciary.
By Mr. BARCA of Wisconsin:
H. Con. Res. 228. Concurrent resolution expressing the
sense of Congress with respect to violence against truckers;
to the Committee on the Judiciary.
Para. 27.39 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
314. By the SPEAKER: Memorial of the Legislature of the
State of Washington, relative to the Washington State Rural
Development Council; to the Committee on Agriculture.
315. Also, memorial of the Legislature of the State of
Washington, relative to disabled veterans; to the Committee
on Armed Services.
316. Also, memorial of the Legislature of the State of
Washington, relative to allowing States to require a notice
requirement before imposing a Federal lien on real property;
to the Committee on Ways and Means.
317. Also, memorial of the Legislature of the State of
Washington, relative to employment security system funding;
jointly, to the Committees on Education and Labor, Ways and
Means, and Government Operations.
Para. 27.40 private bills and resolutions
Under clause 1 of rule XXII,
Mr. McCOLLUM introduced a bill (H.R. 4102) for the relief
of Jacques H. Mims; which was referred to the Committee on
the Judiciary.
Para. 27.41 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 302: Mr. Peterson of Florida.
H.R. 412: Mr. Bachus of Alabama.
H.R. 567: Mr. Gilchrest.
H.R. 587: Mr. Mineta.
H.R. 885: Mr. Brown of Ohio.
H.R. 911: Mr. Levy.
H.R. 998: Mr. Torkildsen.
H.R. 1309: Mr. Payne of Virginia.
H.R. 1342: Mr. Johnston of Florida.
H.R. 1438: Mrs. Meyers of Kansas.
H.R. 1517: Ms. Woolsey.
H.R. 1712: Mr. Paxon.
H.R. 1719: Mr. Fields of Texas, Mr. Sam Johnson of Texas
and Mr. Calvert.
H.R. 1906: Mrs. Maloney.
H.R. 1910: Mr. Barrett of Nebraska.
H.R. 2741: Mr. Nadler.
H.R. 2873: Mr. Baesler, Mr. McKeon, Mr. Livingston, Mr.
Pastor, and Mr. Barlow.
H.R. 2898: Mr. McDermott.
H.R. 2930: Ms. Eddie Bernice Johnson of Texas, Mr. de Lugo,
Mr. Blackwell, and Mr. Bonior.
H.R. 2951: Mr. Dickey.
H.R. 2995: Ms. Furse.
H.R. 3023: Mr. Deal, Mr. Torres, Mr. Duncan, Mr. Diaz-
Balart, Mr. Bonilla, and Mr. Tanner.
H.R. 3246: Mr. Bilbray, Mr. Burton of Indiana, Mr. Combest,
Ms. Danner, Mr. DeFazio, Mr. Ewing, Mr. Grams, Mr. Hutto, Mr.
Lancaster, Mr. Manzullo, Mr. Olver, Mr. Richardson, Mr.
Rowland, and Ms. Snowe.
H.R. 3266: Mr. Wyden, Mr. Barcia of Michigan, Mr. Diaz-
Balart, Mrs. Roukema, Mr. Gene Green of Texas, Mr. Roberts,
Mr. Fields of Texas, Mr. Barca of Wisconsin, Mr. Hansen, Ms.
Danner, Mr. Gilman, Mr. Baesler, Mr. Johnson of Georgia, Mr.
Parker, Mr. Peterson of Florida, Mr. McCrery, Mr. Roth, Mr.
Skeen, Mr. Smith of Oregon, Mr. Spence, Ms. Schenk, Mr. Mann,
Mr. Grams, Mr. Lewis of Florida, Mr. Sarpalius, Mr. Bateman,
Mr. Callahan, Mr. Clinger, Mrs. Bentley, Mr. Inslee, Mr.
Fish, Mr. Schaefer, and Mr. Levy.
H.R. 3288: Mr. Foglietta.
H.R. 3293: Mr. Skeen and Mr. Evans.
H.R. 3302: Mrs. Meyers of Kansas.
H.R. 3320: Mr. Calvert and Mr. Hayes.
H.R. 3328: Mr. Goodlatte.
H.R. 3333: Mr. Baker of California.
H.R. 3365: Mr. Deutsch and Ms. DeLauro.
H.R. 3367: Mr. Barton of Texas, Mr. Knollenberg, Mr.
McDade, Mr. Hastert, Mr. Hefley, Mr. Brewster, Mr. Browder,
Mr. Levy, Mr. Poshard, Mr. Crapo, and Mr. McCandless.
H.R. 3386: Mr. Linder and Mr. Baker of Louisiana.
H.R. 3481: Mr. Clay and Mr. Jacobs.
H.R. 3490: Mr. Stenholm.
H.R. 3513: Mr. Levin, Mr. Ramstad and Mr. Klein.
H.R. 3704: Mr. Hobson.
H.R. 3805: Mr. Saxton.
H.R. 3810: Mrs. Thurman, Mr. Coleman, and Mr. Murphy.
H.R. 3841: Mr. Hinchey.
H.R. 3845: Mr. DeFazio, Mr. Synar, Mr. Castle, and Ms.
Shepherd.
H.R. 3851: Mr. Camp, Mr. Gekas, Mr. Young of Alaska, Mr.
Grams, Mr. McCandless, Mr. Torkildsen, Mr. Gene Green of
Texas, Mr. Fish, Mr. Chapman, Mr. Barcia of Michigan, Mr.
Hoke, Mr. Weldon, Mr. Sensenbrenner, Mr. Gingrich, Mr.
Rohrabacher, Mr. Hyde, and Mr. Zimmer.
H.R. 3866: Mr. Hilliard, Mr. Bryant, Ms. Byrne, Mr. Minge,
Mr. Blackwell, and Mrs. Clayton.
H.R. 3872: Mr. Gene Green of Texas, Mr. Fazio, and Mr.
Herger.
H.R. 3875: Mr. Hancock, Mr. Everett, Mr. Baker of
Louisiana, Mr. Lightfoot, Mr. Barcia of Michigan, Mr.
Bateman, Mr. Skeen, and Mr. Inglis of South Carolina.
H.R. 3895: Mr. Hunter and Mr. Taylor of North Carolina.
H.R. 3900: Mr. Bonior, Mr. Faleomavaega, Mr. Filner, Mr.
Jacobs, Mr. LaFalce, Mr. Martinez, Mr. Miller of California,
Mr. Pallone, Mr. Rahall, Mr. Spratt, and Mr. Stokes.
H.R. 3923: Mr. Bartlett of Maryland.
H.R. 3926: Mr. Levy, Mr. Hughes, and Mr. Menendez.
H.R. 3951: Mr. Boucher, Mr. Stupak, Mr. Wilson, and Mr.
Poshard.
H.R. 3986: Mrs. Thurman, Mr. Wolf, Mr. Laughlin, Ms.
Lambert, Mr. Barrett of Wisconsin, Mr. Petri, Ms. Danner, and
Mr. Linder.
H.R. 3992: Mr. Stump, Mr. DeFazio, Mr. DeLay, Mr. Hancock,
and Mr. Duncan.
H.R. 3993: Mr. Lantos and Ms. Byrne.
H.R. 3994: Mr. Levy.
H.R. 4024: Ms. Roybal-Allard, Mr. Hinchey, Mr. Filner, and
Mr. Abercrombie.
H.R. 4030: Mr. McHale.
H.R. 4034: Mr. Neal of Massachusetts, Mr. Hilliard, Mr.
Tejeda, Mr. Hall of Ohio, Mr. Coleman, Mr. Edwards of
California, Ms. Norton, Mr. Flake, and Mr. Farr.
[[Page 310]]
H.R. 4036: Mr. Smith of New Jersey, Mr. Blute, and Mr.
Ackerman.
H.R. 4050: Mr. Bryant and Mr. Hinchey.
H.R. 4073: Mr. Coyne.
H.R. 4078: Mr. Skeen.
H.J. Res. 253: Mrs. Maloney, Mr. Engel, Mr. DeFazio, Mr.
Crapo, Mr. Browder, Mr. Duncan, Mr. Waxman, Mr. Jacobs, Mr.
Gunderson, Mr. Bilbray, Mr. Callahan, and Mrs. Thurman.
H.J. Res. 291: Mr. Costello, Mr. Swift, Mr. Barrett of
Nebraska, Mr. Peterson of Minnesota, Mr. McKeon, Mr.
Fingerhut, Mr. Inslee, Mr. Dixon, Ms. Dunn, Mr. Edwards of
Texas, Mr. Johnson of Georgia, Mr. Whitten, Mr. Volkmer, Mr.
Glickman, Mr. Price of North Carolina, Ms. Danner, Ms.
Lambert, Mr. Oberstar, Mr. Pastor, Mr. Payne of Virginia, Mr.
Roemer, Ms. Slaughter, Mr. Stearns, Mr. Tanner, Mrs.
Vucanovich, Mr. Abercrombie, Mr. Ackerman, Mr. Baker of
California, Mr. Baker of Louisiana, Mr. Ballenger, Mr. Barca
of Wisconsin, Mr. Barcia of Michigan, Mr. Bartlett of
Maryland, Mr. Bilbray, Mr. Blackwell, Mr. Brewster, Mr.
Brooks, Mr. Brown of Ohio, Mr. Bryant, Ms. Byrne, Mr.
Callahan, Mr. Calvert, Mr. Coleman, Mr. Condit, Mr. Conyers,
Mr. Coppersmith, Mr. Deal, Mr. de Lugo, Mr. DeLay, Mr.
Deutsch, Mr. Diaz-Balart, Mr. Dooley, Mr. Frank of
Massachusetts, Mr. Gejdenson, Mr. Pete Geren of Texas, Mr.
Gonzalez, Mr. Gutierrez, Mr. Hilliard, Mr. Hinchey, Mr. Horn,
Mr. Houghton, Mr. Kanjorski, Ms. Kaptur, Mr. Kasich, Mr.
Kennedy, Mr. Kim, Mr. LaRocco, Mr. McCrery, Mr. Machtley,
Mrs. Maloney, Ms. Margolies-Mezvinsky, Mr. Miller of Florida,
Mr. Mineta, Mr. Mollohan, Mrs. Morella,, Mr. Murtha, Mr.
Burton of Indiana, Mr. Darden, Mr. Doolittle, Mr. Gilman, Mr.
Kingston, Mr. Levin, Mr. McCloskey, Mr. Markey, Mr. Meehan,
Mr. Mfume, Mr. Miller of California, Mr. Moakley, Mr. Moran,
Mr. Myers of Indiana, Mr. Quinn, Mr. Roberts, Mr. Skelton,
Mr. Spratt, and Mr. Torres.
H.J. Res. 297: Ms. Collins of Michigan, Mr. Hilliard, and
Mr. Wilson.
H.J. Res. 317: Mr. Stupak and Mr. Bonior.
H.J. Res. 329: Mr. Skeen, Mrs. Meyers of Kansas, Mr.
Torkildsen, Mr. Hoke, Mr. Pickett, Mr. Bevill, Mr. Lipinski,
Ms. Pryce of Ohio, Mr. Gordon, Ms. Collins of Michigan, and
Mr. Martinez.
H.J. Res. 333: Mr. Frost, Ms. Schenk, Mr. Bateman, Mr.
Traficant, Mr. Fawell, Mr. Diaz-Balart, Mrs. Thurman, Mr.
Frank of Massachusetts, Mr. Lantos, Mr. Waxman, and Mr.
Synar.
H. Con. Res. 147: Mr. Gejdenson.
H. Con. Res. 199: Mr. Manzullo, Mr. Rohrabacher, Mr. Royce,
Mr. Canady, Mr. McCrery, Mr. Porter, Mr. McDade, Mr. Quinn,
Mr. LaFalce, Mr. Paxon, Mr. McKeon, Mr. Gillmor, Mr. Baker of
Louisiana, Mr. Everett, Ms. Dunn, Mr. Thomas of California,
Mr. Moorhead, Mr. Diaz-Balart, Mr. Beilenson, Mr. Owens, Mr.
Bateman, Mr. Kyl, and Mr. Bilbray.
H. Con. Res. 202: Mr. Slattery.
H. Res. 247: Mr. Ehlers, Mr. Young of Alaska, and Mr.
Minge.
H. Res. 270: Mr. Levy.
H. Res. 383: Mr. Rohrabacher and Mr. Walsh.
H. Res. 390: Mr. Dingell.
.
TUESDAY, MARCH 22, 1994 (28)
Para. 28.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
MONTGOMERY, at 10:30 o'clock a.m., who laid before the House the
following communication:
House of Representatives,
Washington, DC, March 22, 1994.
I hereby designate the Honorable G.V. (Sonny) Montgomery to
act as Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Whereupon, pursuant to the order of the House of Friday, February 11,
1994, Members were recognized for ``morning hour'' debates.
Para. 28.2 recess--11:13 a.m.
The SPEAKER pro tempore, Mr. LaROCCO, pursuant to clause 12 of rule I,
declared the House in recess at 11 o'clock and 13 minutes am., until 12
o'clock noon.
Para. 28.3 after recess--12:00 noon
The SPEAKER pro tempore, Mr. McNULTY, called the House to order.
Para. 28.4 approval of the journal
The SPEAKER pro tempore, Mr. McNULTY, announced he had examined and
approved the Journal of the proceedings of Monday, March 21, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 28.5 america's schools
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, pursuant to House
Resolution 366 and rule XXIII, declared the House resolved into the
Committee of the Whole House on the state of the Union for the further
consideration of the bill (H.R. 6) to extend for six years the
authorizations of appropriations for the programs under the Elementary
and Secondary Education Act of 1965, and for certain other purposes.
Mrs. KENNELLY, Acting Chairman, assumed the chair; and after some time
spent therein,
Para. 28.6 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mrs. UNSOELD to the
amendment submitted by Mr. DOOLITTLE:
Amendment submitted by Mrs. UNSOELD:
In the subsection (a) of the amendment made to page 762,
strike ``in classes that teach'' and insert ``which use such
funds to teach''.
In subsection (b) of the amendment made to page 762, strike
``shall satisfy'' and insert ``may use''.
Add at the end of the amendment made to page 762, after
line 8, add the following:
``(c) No Federal Control of Curriculum.--Nothing in this
section shall be construed--
``(1) to authorize an officer or employee of the Federal
Government to mandate, direct, or control a State, local
educational agency, or schools' instructional content,
curriculum, or related activities;
``(2) to limit the application of the General Education
Provisions Act;
``(3) to require the distribution of scientifically or
medically false or inaccurate materials or to prohibit the
distribution of scientifically or medically true or accurate
materials; or
``(4) to create any legally enforceable right.
``(d) Rule of Construction.--In carrying out the provisions
of this section, the Secretary shall not--
``(1) review any curricula or instructional materials;
``(2) promulgate regulations; or
``(3) take any administrative or legal action against a
State or local educational agency or school.
Amendment submitted by Mr. DOOLITTLE:
Page 762, after line 8, insert the following:
SEC. 9506. SEX EDUCATION.
``(a) Sex Education Instruction.--All public elementary and
secondary schools receiving assistance under this act in
classes that teach sex education or discuss sexual
intercourse, sexually transmitted diseases (STDs), including
acquired immune deficiency syndrome (AIDS), shall
continuously stress throughout the sex education program and
sexual intercourse discussion that abstinence from sexual
intercourse is the only protection that is 100 percent
effective against unwanted teenage pregnancy, STDs, and AIDS
when transmitted sexually. All material and instruction in
classes that teach sex education and discuss sexual
intercourse shall be age appropriate.
``(b) Criteria.--All sex education courses that discuss
sexual intercourse shall satisfy the following criteria:
``(1) Course material and instruction shall be age
appropriate.
``(2) Course material and instruction shall stress that
abstinence is the only contraceptive method which is 100
percent effective, and that all other methods of
contraception carry a risk of failure in preventing unwanted
teenage pregnancy. Statistics based on the latest medical
information shall be provided to pupils citing the laboratory
and real-life failure and success rates of condoms and other
contraceptives in preventing pregnancy.
``(3) Course material and instruction shall stress that
STDs are serious possible hazards of sexual intercourse.
Pupils shall be provided with statistics based on the latest
medical information citing the laboratory and real-life
failure and success rates of condoms in preventing AIDS and
other STDs among elementary and secondary pupils.
``(4) Course material and instruction shall include a
discussion of the possible emotional and psychological
consequences of preadolescent and adolescent sexual
intercourse outside of marriage and the consequences of
unwanted adolescent pregnancy.
``(5) Course material and instruction shall stress that
pupils should abstain from sexual intercourse until they are
ready for marriage.
``(6) Course material and instruction shall teach honor and
respect for monogamous heterosexual marriage.
``(7) Course material and instruction shall advise pupils
of the laws pertaining to their financial responsibility to
children born in and out of wedlock.
``(8) Course material and instruction shall advise pupils
that it is unlawful for males of any age to have sexual
relations with females under a certain age to whom they are
not married.
``(9) Course material and instruction shall emphasize that
the pupil has the power to control personal behavior. Pupils
shall be encouraged to base their actions on reasoning, self-
discipline, sense of responsibility, self-control, and
ethical considerations, such as respect for one's self and
others.
``(10) Course material and instruction shall teach pupils
to refrain from making unwanted physical and verbal sexual
advances and how to say no to unwanted sexual advances.
Pupils shall be taught that it is
[[Page 311]]
wrong to take advantage of, or to exploit, another person.
The material and instruction shall also encourage youth to
resist negative peer pressure.
It was decided in the
Yeas
262
<3-line {>
affirmative
Nays
166
Para. 28.7 [Roll No. 76]
AYES--262
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bilbray
Bishop
Blackwell
Blute
Boehlert
Bonilla
Bonior
Boucher
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Byrne
Cantwell
Cardin
Carr
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Cox
Coyne
Darden
de la Garza
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Dreier
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Ford (MI)
Ford (TN)
Frank (MA)
Franks (NJ)
Frost
Furse
Gejdenson
Gekas
Gephardt
Gibbons
Gilchrest
Gilman
Gonzalez
Goodling
Gordon
Goss
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoke
Holden
Houghton
Hoyer
Huffington
Hughes
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennelly
Kildee
Kim
Kleczka
Klein
Klink
Klug
Kolbe
Kopetski
Kreidler
Lambert
Lantos
LaRocco
Laughlin
Leach
Lehman
Levin
Lewis (GA)
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCurdy
McDade
McDermott
McHale
McInnis
McKinney
Meehan
Menendez
Mfume
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Orton
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Penny
Peterson (FL)
Pickle
Pomeroy
Porter
Price (NC)
Pryce (OH)
Rangel
Reed
Reynolds
Richardson
Ridge
Roemer
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sawyer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Skaggs
Slaughter
Smith (IA)
Snowe
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tanner
Thomas (CA)
Thomas (WY)
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Tucker
Underwood (GU)
Unsoeld
Velazquez
Vento
Visclosky
Washington
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wise
Woolsey
Wyden
Wynn
Yates
NOES--166
Allard
Andrews (TX)
Applegate
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Bartlett
Barton
Bevill
Bilirakis
Bliley
Boehner
Borski
Brewster
Browder
Bryant
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Coble
Collins (GA)
Combest
Condit
Cooper
Costello
Cramer
Crane
Crapo
Cunningham
Danner
Deal
DeLay
Dickey
Doolittle
Dornan
Duncan
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Foglietta
Fowler
Franks (CT)
Gallegly
Geren
Gingrich
Glickman
Goodlatte
Grams
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hoekstra
Horn
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Johnson, Sam
Kasich
Kennedy
King
Kingston
Knollenberg
Kyl
LaFalce
Lancaster
Lazio
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Manzullo
McCollum
McCrery
McHugh
McKeon
McMillan
McNulty
Meyers
Mica
Michel
Montgomery
Moorhead
Myers
Nussle
Ortiz
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (MN)
Petri
Pickett
Pombo
Portman
Poshard
Quillen
Quinn
Rahall
Ramstad
Ravenel
Regula
Roberts
Rogers
Roth
Rowland
Royce
Sarpalius
Saxton
Schaefer
Sensenbrenner
Shaw
Shuster
Sisisky
Skeen
Skelton
Slattery
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stenholm
Stump
Swett
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Traficant
Upton
Valentine
Volkmer
Vucanovich
Walker
Walsh
Wilson
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--10
Clay
Gallo
Gillmor
Grandy
Hastings
Meek
Natcher
Olver
Sundquist
Thompson
So the amendment to the amendment was agreed to.
Para. 28.8 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the foregoing amendment, as amended, submitted by Mr.
DOOLITTLE.
It was decided in the
Yeas
407
<3-line {>
affirmative
Nays
20
Para. 28.9 [Roll No. 77]
AYES--407
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Faleomavaega (AS)
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
[[Page 312]]
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Vucanovich
Walker
Walsh
Washington
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--20
Abercrombie
Clayton
Collins (IL)
Collins (MI)
Crane
Dellums
Dingell
Edwards (CA)
Ford (MI)
Frank (MA)
Kopetski
Mink
Nadler
Owens
Payne (NJ)
Scott
Thompson
Underwood (GU)
Waters
Watt
NOT VOTING--11
Brown (CA)
Clay
de Lugo (VI)
Gallo
Gillmor
Grandy
Hastings
Meek
Natcher
Sundquist
Volkmer
So the amendment, as amended, was agreed to.
After some further time,
The SPEAKER pro tempore, Mr. de la GARZA, assumed the Chair.
When Mr. DARDEN, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
Para. 28.10 committee oversight of certain matters
Mr. GEPHARDT moved to suspend the rules and agree to the following
resolution (H. Res. 394):
Resolved, That it is the Sense of the House of
Representatives that--
(a) Congress has a Constitutional obligation to conduct
oversight of matters relating to the operations of the
government, including matters related to any governmental
investigations which may, from time to time, be undertaken.
(b) The Speaker, Majority and Minority Leaders should meet
to determine the appropriate timetable, procedures, and forum
for appropriate Congressional oversight, including hearings
on all matters related to ``Madison Guaranty Savings and Loan
Association (`MGS&L'), Whitewater Development Corporation and
Capital Management Services Inc. (`CMS').''
(c) No witness called to testify at these hearings shall be
granted immunity under sections 6002 and 6005 of Title 18,
United States Code, over the objection of Special Counsel
Robert B. Fiske, Jr.
(d) The hearings should be structured and sequenced in such
a manner that in the judgment of the Leaders they would not
interfere with the ongoing investigation of Special Counsel
Robert B. Fiske, Jr.
The SPEAKER pro tempore, Mr. de la GARZA, recognized Mr. GEPHARDT and
Mr. MICHEL, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said resolution?
The SPEAKER pro tempore, Mr. de la GARZA, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. MICHEL objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
408
When there appeared
<3-line {>
Nays
15
Para. 28.11 [Roll No. 78]
YEAS--408
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meehan
Menendez
Meyers
Mfume
Mica
Michel
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torricelli
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--15
Abercrombie
Collins (MI)
Conyers
Dellums
Foglietta
Ford (MI)
Kopetski
Matsui
McKinney
Miller (CA)
Pelosi
Stupak
Towns
Washington
Waters
NOT VOTING--10
Clay
Gallo
Gillmor
Grandy
Hastings
Maloney
Meek
Natcher
Sundquist
Torres
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said resolution was agreed to was, by unanimous consent, laid on the
table.
Para. 28.12 committee funding
Mr. FROST, by direction of the Committee on House Administration,
called up the following privileged resolution (H. Res. 369):
Resolved, That there shall be paid out of the contingent
fund of the House in accordance with this primary expense
resolution not more than the amount specified in section 2
for investigations and studies by each committee named in
such section, including expenses--
(1) in the case of a committee named in section 3, for
procurement of consultant services under section 202(i) of
the Legislative Reorganization Act of 1946; and
(2) in the case of a committee named in section 4, for
provision of assistance for members of professional staff in
obtaining specialized training under section 202(j) of such
Act.
Sec. 2. The committees and amounts referred to in the first
section are: Committee on Agriculture, $2,257,937; Committee
on
[[Page 313]]
Armed Services, $2,669,197; Committee on Banking, Finance and
Urban Affairs, $4,188,650; Committee on the District of
Columbia, $342,035; Committee on Education and Labor,
$4,238,064; Committee on Energy and Commerce, $6,608,907;
Committee on Foreign Affairs, $4,145,214; Committee on
Government Operations, $3,282,875; Committee on House
Administration, $1,994,288; Permanent Select Committee on
Intelligence, $104,500; Committee on the Judiciary,
$2,734,853; Committee on Merchant Marine and Fisheries,
$2,395,679; Committee on Natural Resources, $2,243,095;
Committee on Post Office and Civil Service, $1,889,736;
Committee on Public Works and Transportation, $3,170,666;
Committee on Rules, $722,479; Committee on Science, Space,
and Technology, $2,959,438; Committee on Small Business,
$1,073,000; Committee on Standards of Official Conduct,
$100,000; Committee on Veterans' Affairs, $827,034; and
Committee on Ways and Means, $5,070,000.
Sec. 3. (a) Of the amounts provided for in section 2, each
committee named in subsection (b) may use not more than the
amount specified in such subsection for consultant services
under paragraph (1) of the first section.
(b) The committees and amounts referred to in subsection
(a) are: Committee on Agriculture, $12,000; Committee on
Armed Services, $40,000; Committee on the District of
Columbia, $8,000; Committee on Education and Labor, $100,000;
Committee on Energy and Commerce, $25,000; Committee on
Government Operations, $10,000; Committee on House
Administration, $225,000; Committee on Natural Resources,
$2,500; Committee on Post Office and Civil Service, $60,000;
Committee on Public Works and Transportation, $50,000;
Committee on Science, Space, and Technology, $25,000;
Committee on Standards of Official Conduct, $45,000;
Committee on Veterans' Affairs, $18,750; Committee on Ways
and Means, $10,000.
Sec. 4. (a) Of the amounts provided for in section 2, each
committee named in subsection (b) may use not more than the
amount specified in such subsection for specialized training
under paragraph (2) of the first section.
(b) The committees and amounts referred to in subsection
(a) are: Committee on Agriculture, $2,000; Committee on Armed
Services, $8,000; Committee on the District of Columbia,
$1,000; Committee on Education and Labor, $10,000; Committee
on Government Operations, $2,000; Committee on House
Administration, $20,000; Permanent Select Committee on
Intelligence, $5,000; Committee on the Judiciary, $5,000;
Committee on Natural Resources, $100; Committee on Public
Works and Transportation, $30,000; Committee on Rules,
$2,500; Committee on Science, Space, and Technology, $19,032;
Committee on Standards of Official Conduct, $1,000; and
Committee on Veterans' Affairs, $1,500.
Sec. 5. In addition to any other activity referred to in
this resolution, the Committee on House Administration, using
funds from the amount specified with respect to that
Committee in section 2--
(1) shall, through House Information Systems, develop,
operate, maintain, and improve computer and information
services for the House, including direct computer and
information systems support for Members, committees,
administrative offices, and other governmental entitles, and
shall conduct necessary investigations and studies of such
services;
(2) is authorized to oversee any reimbursement for services
described in paragraph (1) and any expenditure of amounts so
reimbursed; and
(3) is authorized to provide for professional development
programs, office and personnel management consultation
services, and periodic publication of handbooks, guides,
bulletins, and other items necessary for the House.
Sec. 6. Payments under this resolution shall be made on
vouchers authorized by the committee involved, signed by the
chairman of such committee, and approved by the Committee on
House Administration.
Sec. 7. Amounts shall be available under this resolution
for investigations and studies carried out during the period
beginning at noon on January 3, 1994, and ending immediately
before noon on January 3, 1995.
Sec. 8. Amounts made available under this resolution shall
be expended in accordance with regulations prescribed by the
Committee on House Administration.
When said resolution was considered.
The following amendment in the nature of a substitute reported from
the Committee on House Administration was considered:
Strike out all after the resolving clause and insert the
following:
That there shall be paid out of the contingent fund of the
House in accordance with this primary expense resolution not
more than the amount specified in section 2 for
investigations and studies by each committee named in such
section, including expenses--
(1) in the case of a committee named in section 3, for
procurement of consultant services under section 202(i) of
the Legislative Reorganization Act of 1946; and
(2) in the case of a committee named in section 4, for
provision of assistance for members of professional staff in
obtaining specialized training under section 202(j) of such
Act.
Sec. 2. The committees and amounts referred to in the first
section are: Committee on Agriculture, $2,190,199; Committee
on Armed Services, $2,500,427; Committee on Banking, Finance
and Urban Affairs, $3,953,784; Committee on the District of
Columbia, $328,354; Committee on Education and Labor,
$3,955,526; Committee on Energy and Commerce, $6,349,077;
Committee on Foreign Affairs, $3,800,113; Committee on
Government Operations, $3,184,389; Committee on House
Administration, $1,902,621; Permanent Select Committee on
Intelligence, $104,500; Committee on the Judiciary,
$2,465,860; Committee on Merchant Marine and Fisheries,
$2,229,175; Committee on Post Office and Civil Service,
$1,871,039; Committee on Public Works and Transportation,
$2,922,324; Committee on Rules, $708,029; Committee on
Science, Space, and Technology, $2,870,655; Committee on
Small Business, $1,002,250; Committee on Standards of
Official Conduct, $90,000; Committee on Veterans' Affairs,
$746,402; and Committee on Ways and Means, $4,826,844.
Sec. 3. (a) Of the amounts provided for in section 2, each
committee named in subsection (b) may use not more than the
amount specified in such subsection for consultant services
under paragraph (1) of the first section.
(b) The committees and amounts referred to in subsection
(a) are: Committee on Agriculture, $12,000; Committee on
Armed Services, $40,000; Committee on the District of
Columbia, $8.000; Committee on Education and Labor, $100,000;
Committee on Energy and Commerce, $25,000; Committee on
Government Operations, $10,000; Committee on House
Administration, $225,000; Committee on Natural Resources,
$2,500; Committee on Post Office and Civil Service, $60,000;
Committee on Public Works and Transportation, $50,000;
Committee on Science, Space, and Technology, $25,000;
Committee on Standards of Official Conduct, $45,000;
Committee on Veterans' Affairs, $18,750; and Committee on
Ways and Means, $10,000.
Sec. 4. (a) Of the amounts provided for in section 2, each
committee named in subsection (b) may use not more than the
amount specified in such subsection for specialized training
under paragraph (2) of the first section.
(b) The committees and amounts referred to in subsection
(a) are: Committee on Agriculture, $2,000; Committee on Armed
Services, $8,000; Committee on the District of Columbia,
$1,000; Committee on Education and Labor, $10,000; Committee
on Government Operations, $2,000; Committee on House
Administration, $20,000; Permanent Select Committee on
Intelligence, $5,000; Committee on the Judiciary, $5,000;
Committee on Natural Resources, $100; Committee on Public
Works and Transportation, $30,000; Committee on Rules,
$2,500; Committee on Science, Space, and Technology, $19,032;
Committee on Standards of Official Conduct, $1,000; and
Committee on Veterans' Affairs, $1,500.
Sec. 5. In addition to any other activity referred to in
this resolution, the Committee on House Administration, using
funds from the amount specified with respect to that
Committee in section 2--
(1) shall, through House Information Systems, develop,
operate, maintain, and improve computer and information
services for the House, including direct computer and
information systems support for Members, committees,
administrative offices, and other governmental entities, and
shall conduct necessary investigation and studies of such
services;
(2) is authorized to oversee any reimbursement for services
described in paragraph (1) and any expenditure of amounts so
reimbursed; and
(3) is authorized to provide for professional development
programs, office and personnel management consultation
services, and periodic publication of handbooks, guides,
bulletins, and other items necessary for the House.
Sec. 6. Payments under this resolution shall be made on
vouchers authorized by the committee involved, signed by the
chairman of such committee, and approved by the Committee on
House Administration.
Sec. 7. Amounts shall be available under this resolution
for investigations and studies carried out during the period
beginning at noon January 3, 1994, and ending immediately
before noon on January 3, 1995.
Sec. 8. Amounts made available under this resolution shall
be expended in accordance with regulations prescribed by the
Committee on House Administration.
Sec. 9. The Committee on House Administration shall have
authority to make adjustments in amounts for investigations
and studies under section 2, if necessary to comply with an
order of the President issued under section 254 of the
Balanced Budget and Emergency Deficit Control Act of 1985 or
to conform to any reduction in appropriations for the
purposes of such section 2.
After debate,
On motion of Mr. FROST, the previous question was ordered on the
amendment in the nature of a substitute and on the resolution.
The question being put, viva voce,
Will the House agree to the amendment in nature of a substitute?
The SPEAKER pro tempore, Mr. de la GARZA, announced that the yeas had
it.
So the amendment in the nature of a substitute was agreed to.
Mr. ROBERTS moved to recommit the resolution to the Committee on House
Administration with instructions to report promptly back to the
[[Page 314]]
House a resolution of identical text except for the following amendment:
Strike Section 2 and insert in lieu thereof the following:
Section 2. ``The committee and amounts referred to in the
first section are:
Committee on Agriculture, $2,201,489.00, 33% of such
amount, or such greater percent as may be agreed to by the
Chairman and Ranking Minority Member, to be paid at the
direction of the Ranking Minority Member.
Committee on Armed Services, $2,462,542.00, 33% of such
amount, or such greater percent as may be agreed to by the
Chairman and Ranking Minority Member, to be paid at the
direction of the Ranking Minority Member.
Committee on Banking, Finance and Urban Affairs,
$3,864,598.00, 33% of such amount, or such greater percent as
may be agreed to by the Chairman and Ranking Minority Member,
to be paid at the direction of the Ranking Minority Member.
Committee on District of Columbia, $333,484.00, 33% of such
amount, or such greater percent as may be agreed to by the
Chairman and Ranking Minority Member, to be paid at the
direction of the Ranking Minority Member.
Committee on Education and Labor, $3,798,387.00, 33% of
such amount, or such greater percent as may be agreed to by
the Chairman and Ranking Minority Member, to be paid at the
direction of the Ranking Minority Member.
Committee on Energy and Commerce, $5,677,655.00, 33% of
such amount, or such greater percent as may be agreed to by
the Chairman and Ranking Minority Member, to be paid at the
direction of the Ranking Minority Member.
Committee on Foreign Affairs, $3,627,960.00, 33% of such
amount, or such greater percent as may be agreed to by the
Chairman and Ranking Minority Member, to be paid at the
direction of the Ranking Minority Member.
Committee on Government Operations, $2,899,495.00, 33% of
such amount, or such greater percent as may be agreed to by
the Chairman and Ranking Minority Member, to be paid at the
direction of the Ranking Minority Member.
Committee on House Administration, $1,755,956.00, 33% of
such amount, or such greater percent as may be agreed to by
the Chairman and Ranking Minority Member, to be paid at the
direction of the Ranking Minority Member.
Permanent Select Committee on Intelligence, $104,500.00,
33% of such amount, or such greater percent as may be agreed
to by the Chairman and Ranking Minority Member, to be paid at
the direction of the Ranking Minority Member.
Committee on the Judiciary, $2,154,583.00, 33% of such
amount, or such greater percent as may be agreed to by the
Chairman and Ranking Minority Member, to be paid at the
direction of the Ranking Minority Member.
Committee on Merchant Marine and Fisheries, $2,154,439.00,
33% of such amount, or such greater percent as may be agreed
to by the Chairman and Ranking Minority Member, to be paid at
the direction of the Ranking Minority Member.
Committee on Natural Resources, $1,973,273.00, 33% of such
amount, or such greater percent as may be agreed to by the
Chairman and Ranking Minority Member, to be paid at the
direction of the Ranking Minority Member.
Committee on Post Office and Civil Service, $1,708,533.00,
33% of such amount, or such greater percent as may be agreed
to by the Chairman and Ranking Minority Member, to be paid at
the direction of the Ranking Minority Member.
Committee on Public Works and Transportation,
$2,823,263.00, 33% of such amount, or such greater percent as
may be agreed to by the Chairman and Ranking Minority Member,
to be paid at the direction of the Ranking Minority Member.
Committee on Rules, $622,242.00, 33% of such amount, or
such greater percent as may be agreed to by the Chairman and
Ranking Minority Member, to be paid at the direction of the
Ranking Minority Member.
Committee on Science, Space and Technology, $2,748,494.00,
33% of such amount, or such greater percent as may be agreed
to by the Chairman and Ranking Minority Member, to be paid at
the direction of the Ranking Minority Member.
Committee on Small Business, $1,001,233.00, 33% of such
amount, or such greater percent as may be agreed to by the
Chairman and Ranking Minority Member, to be paid at the
direction of the Ranking Minority Member.
Committee on Standards of Official Conduct, $97,500.00, 33%
of such amount, or such greater percent as may be agreed to
by the Chairman and Ranking Minority Member, to be paid at
the direction of the Ranking Minority Member.
Committee on Veteran's Affairs, $715,203.00, 33% of such
amount, or such greater percent as may be agreed to by the
Chairman and Ranking Minority Member, to be paid at the
direction of the Ranking Minority Member.
Committee on Ways and Means, $4,507,185.00, 33% of such
amount, or such greater percent as may be agreed to by the
Chairman and Ranking Minority Member, to be paid at the
direction of the Ranking Minority Member.
By unanimous consent, the previous question was ordered on the motion
to recommit with instructions.
The question being put, viva voce,
Will the House recommit said resolution with instructions?
The SPEAKER pro tempore, Mr. de la GARZA, announced that the nays had
it.
Mr. ROBERTS objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
172
When there appeared
<3-line {>
Nays
251
Para. 28.13 [Roll No. 79]
YEAS--172
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hancock
Hansen
Harman
Hastert
Hefley
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--251
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
[[Page 315]]
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Washington
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--10
Clay
Gallo
Gillmor
Grandy
Hastings
Herger
Maloney
Natcher
Quillen
Sundquist
So the motion to recommit with instructions was not agreed to.
The question being put, viva voce,
Will the House agree to said resolution, as amended?
The SPEAKER pro tempore, Mr. de la GARZA, announced that the yeas had
it.
Mr. ROBERTS demanded a recorded vote on agreeing to said resolution,
as amended, which demand was supported by one-fifth of a quorum, so a
recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
250
<3-line {>
affirmative
Nays
172
Para. 28.14 [Roll No. 80]
AYES--250
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Hall (TX)
Hamburg
Hamilton
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Washington
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Young (AK)
NOES--172
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hancock
Hansen
Harman
Hastert
Hefley
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Machtley
Manzullo
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (FL)
Zeliff
Zimmer
NOT VOTING--11
Clay
Gallo
Gillmor
Grandy
Hastings
Herger
Maloney
Natcher
Quillen
Sundquist
Waters
So the resolution, as amended, was agreed to.
A motion to reconsider the vote whereby said resolution, as amended,
was agreed to was, by unanimous consent, laid on the table.
Para. 28.15 hour of meeting
On motion of Mr. FROST, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 11
o'clock a.m. on Wednesday, March 24, 1994.
Para. 28.16 h.r. 4067--unfinished business
The SPEAKER pro tempore, Mr. de la GARZA, pursuant to clause 5, rule
I, announced the unfinished business to be the motion to suspend the
rules and pass the bill (H.R. 4067) to amend section 203 of the Housing
and Community Development Amendments of 1978 to provide for the
disposition of multifamily properties owned by the Secretary of Housing
and Urban Development, to provide for other reforms in programs
administered by the Secretary, and to make certain technical amendments,
and for other purposes; as amended.
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. de la GARZA, announced that two-thirds of
those present had voted in the affirmative.
Mr. YATES demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
413
<3-line {>
affirmative
Nays
9
Para. 28.17 [Roll No. 81]
YEAS--413
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
[[Page 316]]
Fields (LA)
Fields (TX)
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamburg
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hilliard
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--9
Collins (IL)
Collins (MI)
Filner
Gutierrez
Hamilton
Hinchey
Sanders
Traficant
Yates
NOT VOTING--11
Ballenger
Clay
Gallo
Gillmor
Grandy
Hastings
Maloney
Natcher
Quillen
Sundquist
Washington
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
On motion of Mr. GONZALEZ, by unanimous consent, the bill of the
Senate (S. 1299) to reform requirements for the disposition of
multifamily propery owned by the Secretary of Housing and Urban
Development, enhance program flexibility, authoriza a program to combat
crime, and for other purposes; was taken from the Speaker's table.
When said bill was considered and read twice.
Mr. GONZALEZ submitted the following amendment, which was agreed to:
Strike out all after the enacting clause and insert the provisions of
H.R. 4067, as passed by the House.
The bill, as amended, was ordered to be read a third time, was read a
third time by title, and passed.
By unanimous consent, the title was amended so as to read: ``An Act to
amend section 203 of the Housing and Community Development Amendments of
1978 to provide for the disposition of multifamily properties owned by
the Secretary of Housing and Urban Development, to provide for other
reforms in programs administered by the Secretary, and to make certain
technical amendments, and for other purposes.''.
A motion to reconsider the votes whereby said bill, as amended, was
passed and the title was amended was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendments.
By unanimous consent, H.R. 4067, a similar House bill, was laid on the
table.
Para. 28.18 h.r. 4034--unfinished business
The SPEAKER pro tempore, Mr. de la GARZA, pursuant to clause 5, rule
I, announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 4034) to amend the Urban Park and
Recreation Recovery Act of 1978 to authorize grants for the expansion of
recreation opportunities for at risk youth in urban areas with a high
prevalence of crime, and for other purposes; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
361
<3-line {>
affirmative
Nays
59
Para. 28.19 [Roll No. 82]
YEAS--361
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Baesler
Baker (CA)
Baker (LA)
Barca
Barcia
Barlow
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Buyer
Byrne
Callahan
Calvert
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gilman
Glickman
Gonzalez
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastert
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
Kleczka
Klein
Klug
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quinn
Rahall
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roemer
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
[[Page 317]]
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
NAYS--59
Allard
Applegate
Archer
Armey
Bachus (AL)
Barrett (NE)
Bereuter
Bunning
Burton
Camp
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
DeLay
Dornan
Dreier
Duncan
Fields (TX)
Gingrich
Goodlatte
Hancock
Hansen
Hefley
Herger
Hoekstra
Inglis
Johnson, Sam
King
Kingston
Klink
Knollenberg
Lightfoot
Linder
McHugh
Moorhead
Nussle
Packard
Paxon
Penny
Ramstad
Roberts
Rogers
Rohrabacher
Royce
Santorum
Sensenbrenner
Shuster
Smith (MI)
Solomon
Spence
Stump
Taylor (NC)
Thomas (WY)
Walker
Zeliff
Zimmer
NOT VOTING--13
Ballenger
Clay
Fish
Gallo
Gillmor
Grandy
Hastings
Leach
Maloney
Natcher
Quillen
Sundquist
Washington
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 28.20 marine mammal protection
Mr. STUDDS moved to suspend the rules and pass the bill of the Senate
(S. 1636) to authorize appropriations for the Marine Mammal Protection
Act of 1972 and to improve the program to reduce the incidental taking
of marine mammals during the of commercial fishing operations, and for
other purposes; as amended.
The SPEAKER pro tempore, Mr. de la GARZA, recognized Mr. STUDDS and
Mr. FIELDS of Texas, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Ms. ESHOO, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
Para. 28.21 clerk to correct engrossment
On motion of Mr. STUDDS, by unanimous consent,
Ordered, That in the engrossment of the foregoing amendment, the Clerk
be authorized to correct section numbers, punctuation, cross references,
and to make other technical corrections.
Para. 28.22 interstate banking efficiency
Mr. NEAL of North Carolina moved to suspend the rules and pass the
bill (H.R. 3841) to amend the Bank Holding Company Act of 1956 the
Revised Statutes of the United States, and Federal Deposit Insurance Act
to provide for interstate banking and branching; as amended.
The SPEAKER pro tempore, Ms. ESHOO, recognized Mr. NEAL of North
Carolina and Mr. MFUME, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Ms. ESHOO, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 28.23 providing for the consideration of h.r. 4092
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-449) the resolution (H. Res. 395) providing for the
consideration of the bill (H.R. 4092) to control and prevent crime.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 28.24 commission on child and family welfare
The SPEAKER pro tempore, Ms. ESHOO, announced that pursuant to the
provisions of section 5(b)(1) of Public Law 102-521, the Speaker did
appoint to the Commission on Child and Family Welfare, Mr. Donald R.
Bardill of Tallahassee, Florida; Mr. George C. Cheek of Spokane,
Washington; Mr. John Guidubaldi of Kent, Ohio; and Mr. Bill Harrington
of Tacoma, Washington, from private life, on the part of the House.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 28.25 leave of absence
By unanimous consent, leave of absence was granted to Mrs. MEEK, for
today before 5 p.m.
And then,
Para. 28.26 adjournment
On motion of Mr. McINNIS, pursuant to the special order heretofore
agreed to, at 11 o'clock and 25 minutes p.m., the House adjourned until
11 o'clock a.m. on Wednesday, March 23, 1994.
Para. 28.27 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows.
Mr. GONZALEZ: Committee on Banking, Finance and Urban
Affairs, H.R. 3841. A bill to amend the Bank Holding Company
Act of 1956, the Revised Statutes of the United States, and
the Federal Deposit Insurance Act to provide for interstate
banking and branching; with an amendment (Rept. No. 103-448).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. DERRICK: Committee on Rules. House Resolution 395.
Resolution providing for consideration of the bill (H.R.
4092) to control and prevent crime (Rept. No. 103-449).
Referred to the House Calendar.
Para. 28.28 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. CASTLE:
H.R. 4103. A bill to codify regulations restricting the
sale and donation of excess firearms owned or held by Federal
agencies; to the Committee on Government Operations.
By Mr. HOLDEN (for himself and Mr. McMillan):
H.R. 4104. A bill to suspend until January 1, 1996, the
duty on certain chemicals; to the Committee on Ways and
Means.
By Mr. JACOBS (for himself, Mrs. Kennelly, Mr. Bunning,
Mr. Houghton, and Mrs. Meek of Florida):
H.R. 4105. A bill to make improvements in the old-age,
survivors, and disability insurance program under title II of
the Social Security Act; to the Committee on Ways and Means.
By Mrs. KENNELLY:
H.R. 4106. A bill to amend the Internal Revenue Code of
1986 to exclude national service educational awards from
gross income; to the Committee on Ways and Means.
By Mrs. MINK of Hawaii:
H.R. 4107. A bill to amend the Radiation Exposure
Compensation Act to remove the requirement that exposure
resulting in stomach cancer occur before age 30, and for
other purposes; to the Committee on the Judiciary.
By Mr. SCHUMER:
H.R. 4108. A bill to prohibit contingency fees in lobbying;
to the Committee on the Judiciary.
H.R. 4109. A bill to prohibit contingency fees in lobbying;
to the Committee on the Judiciary.
By Mr. WILLIAMS:
H.R. 4110. A bill to provide for the imposition of enhanced
criminal penalties for car-
[[Page 318]]
rying a firearm during and in relation to a crime of
violence; to the Committee on the Judiciary.
By Mr. SWIFT (by request):
H.R. 4111. A bill to authorize appropriations for the
National Railroad Passenger Corporation, and for other
purposes; to the Committee on Energy and Commerce.
By Mr. GEKAS (for himself, Mr. Montgomery, Mr. Dellums,
Mr. Solomon, Mr. Filner, Mr. Frost, Mr. Wilson, Mr.
Faleomavaega, Mr. King, Mr. Dornan, Mr. Parker, Mrs.
Thurman, Mr. Lipinski, Mr. Hutto, and Mr. Kasich):
H.J. Res. 343. Joint resolution to designate each of the
months of May 1994 and May 1995 as ``United States Armed
Forces History Month''; to the Committee on Post Office and
Civil Service.
By Mr. MORAN (for himself, Ms. Eddie Bernice Johnson of
Texas, Ms. Furse, Mr. Olver, Mr. Miller of
California, Ms. Woolsey, Mr. Studds, Mr. Andrews of
Maine, Mr. Filner, Ms. Norton, Mr. Martinez, Mr.
Wheat, Mr. Edwards of California, Mr. Fazio, Mr.
Farr, Mr. Yates, Mr. Gejdenson, Mr. Conyers, Mr.
Rush, Ms. Velazquez, Mr. Meehan, and Mr. Andrews of
Texas):
H. Con. Res. 229. Concurrent resolution expressing the
sense of the Congress that any national comprehensive benefit
package that results from health care reform legislation
should cover the full range of reproductive health services
for women; jointly, to the Committees on Energy and Commerce
and Ways and Means.
By Mr. GEPHARDT (for himself and Mr. Michel):
H. Res. 394. Resolution to express the sense of the House
that Congress has a constitutional obligation to conduct
oversight of matters related to the operation of the
government; considered under suspension of the rules and
agreed to.
Para. 28.29 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 291: Mr. Wilson, Mr. Levy, Mr. Ewing, Mr. Schiff, Mr.
Greenwood, and Mr. McHale.
H.R. 326: Mr. Carr and Mrs. Schroeder.
H.R. 431: Mr. Filner.
H.R. 485: Ms. Lambert.
H.R. 794: Mr. Torkildsen and Mr. Thompson.
H.R. 830: Mr. Hoyer.
H.R. 911: Mr. Stearns.
H.R. 963: Mr. Rose.
H.R. 1086: Mr. Hilliard and Mr. McDade.
H.R. 1106: Mr. Berman, Mr. Foglietta, Mr. Frank of
Massachusetts, Mr. Olver, Ms. Velazquez, and Ms. Woolsey.
H.R. 1120: Mr. Pomeroy.
H.R. 1517: Mr. Romero-Barcelo.
H.R. 1596: Mr. Boehner and Mrs. Morella.
H.R. 1718: Mr. Durbin and Ms. Waters.
H.R. 1900: Mr. Payne of New Jersey.
H.R. 2670: Mr. Barlow, Ms. Furse, Mr. Hughes, Mr. Nadler,
Mr. Ford of Michigan, Mr. Fingerhut, Mr. Deutsch, Mr. Fish,
Mr. Studds, Mr. Lipinski and Mr. Bateman.
H.R. 2681: Mr. Foglietta, Mr. Quinn, Mr. Clyburn, Mr.
Boehlert, and Mr. LaFalce.
H.R. 2710: Mr. Ackerman, Mr. DeFazio, Ms. Eddie Bernice
Johnson of Texas, Mr. Pastor, and Mr. Schumer.
H.R. 2959: Mr. Bliley, Mr. Camp, and Mr. Calvert.
H.R. 3017: Ms. Furse and Mr. Bacchus of Florida.
H.R. 3039: Mr. Lewis of California, Ms. Shepherd, Mr.
Crane, and Ms. Ros-Lehtinen.
H.R. 3076: Mr. Shays.
H.R. 3203: Mr. Studds.
H.R. 3288: Mr. Hoekstra.
H.R. 3293: Mr. Thompson.
H.R. 3328: Mr. Pastor and Mr. Gilchrest.
H.R. 3367: Mr. Ravenel and Mr. Bliley.
H.R. 3392: Mr. Traficant, Mr. Gallegly, and Mr. Dickey.
H.R. 3407: Mr. Sarpalius, Mr. Kingston, Mr. Smith of Iowa,
and Mr. Hobson.
H.R. 3434: Mr. Lipinski and Mr. Reynolds.
H.R. 3472: Mr. King and Mr. Levy.
H.R. 3486: Mr. Ravenel, Mr. Combest, Mr. Cramer, Mr.
Clement, Mr. Levy, Mrs. Vucanovich, Mr. Hall of Ohio, Mr.
Montgomery, Ms. Pryce of Ohio, Mr. Knollenberg, Mr. Pete
Geren of Texas, Mr. Young of Alaska and Mr. Hoekstra.
H.R. 3614: Ms. Shepherd.
H.R. 3624: Mr. Sundquist and Mr. Goodlatte.
H.R. 3627: Mr. Orton, Mr. Wyden, Mr. Edwards of California,
Mr. Fingerhut, Mr. Frank of Massachusetts, Ms. Shepherd, Mrs.
Unsoeld, Mr. Johnston of Florida, Mr. Kreidler, Mr. Inslee,
Mr. McDermott, Mr. McCloskey, and Ms. Eshoo.
H.R. 3656: Mr. Upton, Mr. Bilbray, Ms. Molinari, Mr.
Filner, Mr. Waxman, Mrs. Byrne, and Mr. Calvert.
H.R. 3685: Mr. King, Mr. Hefley, and Mrs. Thurman.
H.R. 3706: Ms. Eddie Bernice Johnson of Texas, Mr. Neal of
North Carolina, and Ms. Roybal-Allard.
H.R. 3814: Mr. Doolittle and Mr. Paxon.
H.R. 3900: Mr. Barrett of Nebraska, Mr. Hoyer, Ms. Eddie
Bernice Johnson of Texas, Mr. Lancaster, Mrs. Lloyd, Mr.
Montgomery, Mr. Rush, and Mr. Wheat.
H.R. 3923: Mr. Kopetski.
H.R. 3949: Mrs. Bentley.
H.R. 3951: Mr. Sarpalius, Mr. Chapman, Mr. Sisisky, Mr.
Hoekstra, Mr. Spence, and Mrs. Lloyd.
H.R. 3955: Mr. Moran and Mr. Kyl.
H.R. 3967: Mr. Murphy, Mr. Lipinski, Mr. DeFazio, Ms.
Danner, Mr. Dickey, Mr. Hansen, Mr. Thomas of Wyoming, Mr.
Holden, Mr. Barlow, Mr. Johnson of South Dakota, Mr.
Doolittle, Mr. Hefley, Mr. Klein, Mr. Allard, and Mr. Hughes.
H.R. 3990: Mr. Bonior, Ms. Dunn, Mr. Hinchey, and Mr.
Slattery.
H.R. 3993: Mr. Fields of Texas, Mr. Johnson of South
Dakota, Mr. Cunningham, and Mr. Lewis of Florida.
H.R. 4024: Mr. Moran.
H.R. 4036: Ms. Molinari.
H.R. 4041: Mr. Saxton.
H.R. 4050: Mr. Frank of Massachusetts.
H.R. 4062: Mr. Barrett of Wisconsin, Ms. Furse, and Mr.
Andrews of Maine.
H.J. Res. 122: Mr. Rogers.
H.J. Res. 253: Mr. Scott, Mr. Fields of Louisiana, Mr.
Lewis of Georgia, Mr. Calvert, Mr. Gallo, Mr. Becerra, and
Mr. Smith of Iowa.
H.J. Res. 302: Mr. Reynolds and Mr. Blackwell.
H.J. Res. 303: Mr. Borski, Mrs. Mink of Hawaii, Mr.
Serrano, Ms. Byrne, Mr. Swett, and Mr. Mineta.
H.J. Res. 318: Mr. Bartlett of Maryland, Mr. Lewis of
California, Mr. Gingrich, Mr. McDade, Mr. Valentine, Mr.
Blute, Mr. Payne of Virginia, Mr. Bacchus of Florida, Mr.
Hilliard, Mr. Dornan, Mr. Beilenson, Mrs. Meyers of Kansas,
Mr. Synar, Mr. Pastor, Mr. Sisisky, and Mr. Ballenger.
H.J. Res. 320: Mr. Neal of Massachusetts, Mr. Kasich, Mr.
Boehlert, Mr. Torkildsen, Mr. Hilliard, Mr. Klein, Mr. King,
and Mr. Wynn.
H.J. Res. 333: Mr. McCloskey, Mrs. Bentley, Mr. Barrett of
Wisconsin, Mrs. Meek of Florida, Mr. Clyburn, and Mr.
Gejdenson.
H.J. Res. 335: Mr. Saxton, Mr. McHugh, Mrs. Bentley, Mr.
Bishop, Mr. Callahan, Mr. Borski, Mr. Lewis of Georgia, Mr.
de Lugo, and Mr. Kasich.
H. Con. Res. 98: Mr. Swift, Mr. Doolittle, Mr. Wynn, Mr.
Minge, Mr. Hoagland, Mr. Wolf, Mr. Cunningham, Mr. Deal, and
Mrs. Lloyd.
H. Con. Res. 110: Mr. Goodlatte, Ms. Pryce of Ohio, Mr.
Thomas of Wyoming, Mr. Hefner, Mr. Klug, Mr. Dornan, and Mr.
Richardson.
H. Con. Res. 122: Mr. Carr and Mr. Franks of Connecticut.
H. Con. Res. 138: Mr. Kyl, Mr. Porter, Mr. Rangel, and Mr.
Borski.
H. Con. Res. 147: Mr. Holden.
H. Con. Res. 199: Mr. Barton of Texas, Mr. Dreier, Mr.
Baker of California, Mr. Doolittle, Mr. Abercrombie, Mr.
Volkmer, Mr. Pete Geren of Texas, Mr. Taylor of Mississippi,
Mr. Stenholm, Mr. Gunderson, Mr. Lightfoot, Mr. Michel, Mrs.
Johnson of Connecticut, Mr. Ewing, Mr. Torkildsen, Mr.
Quillen, Mr. Thomas of Wyoming, Mr. Inhofe, Mr. Shaw, Mr.
Tejeda, and Mr. Fingerhut.
H. Res. 122: Mr. McCrery and Mr. Torricelli.
H. Res. 202: Mr. Cramer.
H. Res. 368: Ms. Slaughter, Mr. Sanders, Mr. King, Mr.
Moakley, Mrs. Morella, Mrs. Lloyd, Mr. Burton of Indiana, Ms.
Danner, Mr. Edwards of California, Mr. Frank of
Massachusetts, and Mr. Reynolds.
H. Res. 383: Mr. McHugh, Mr. Ewing, Mr. Barton of Texas,
Mr. Kolbe, Mr. Ballenger, Mr. Dornan, and Mr. Clinger.
Para. 28.30 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 4041: Mr. Paxon.
.
WEDNESDAY, MARCH 23, 1994 (29)
Para. 29.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
MONTGOMERY, who laid before the House the following communication:
House of Representatives,
Washington, DC, March 23, 1994.
I hereby designate the Honorable G.V. (Sonny) Montgomery to
act as Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Para. 29.2 approval of the journal
The SPEAKER pro tempore, Mr. MONTGOMERY, announced he had examined and
approved the Journal of the proceedings of Tuesday, March 22, 1994.
Mr. TUCKER, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that the yeas had
it.
Mr. TUCKER objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
[[Page 319]]
Yeas
244
When there appeared
<3-line {>
Nays
153
Para. 29.3 [Roll No. 83]
YEAS--244
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Barton
Bateman
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clayton
Clement
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
Deal
DeFazio
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Everett
Farr
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (TN)
Frank (MA)
Frost
Furse
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Greenwood
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Hoke
Holden
Houghton
Hughes
Hutto
Hyde
Inglis
Inslee
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kildee
Kingston
Kleczka
Klein
Klink
Kopetski
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Livingston
Lloyd
Long
Lowey
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
McCloskey
McCrery
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Myers
Nadler
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Sabo
Sangmeister
Sarpalius
Sawyer
Schenk
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (NJ)
Spence
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Waters
Watt
Waxman
Williams
Wilson
Woolsey
Wyden
Wynn
Yates
NAYS--153
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Calvert
Camp
Canady
Castle
Clay
Clinger
Coble
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dreier
Duncan
Dunn
Ehlers
Emerson
Ewing
Fawell
Fields (TX)
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Horn
Huffington
Hutchinson
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kim
King
Klug
Knollenberg
Kolbe
Kreidler
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Machtley
McCandless
McCollum
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Murphy
Nussle
Oxley
Packard
Paxon
Petri
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Saxton
Schaefer
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Snowe
Solomon
Stearns
Stump
Sundquist
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--36
Bonior
Brown (CA)
Callahan
Clyburn
Cox
de la Garza
DeLauro
Dooley
Dornan
Fazio
Ford (MI)
Fowler
Gallo
Gejdenson
Gephardt
Gillmor
Gilman
Hoyer
Hunter
Jefferson
Kennelly
Mazzoli
Natcher
Neal (NC)
Pombo
Pomeroy
Roberts
Rush
Sanders
Santorum
Smith (IA)
Towns
Washington
Wheat
Whitten
Wise
So the Journal was approved.
Para. 29.4 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2812. A letter from the Comptroller General of the United
States, transmitting status of budget authority that was
proposed for rescission by the President in his second
special impoundment message for fiscal year 1994, pursuant to
2 U.S.C. 685; to the Committee on Appropriations and ordered
to be printed.
2813. A letter from the Secretary of Housing and Urban
Development, transmitting notification that 63 per centum of
GNMA's authority to make commitments to insure mortgages and
loans, under the National Housing Act, has been utilized,
pursuant to 12 U.S.C. 1721 note; to the Committee on Banking,
Finance and Urban Affairs.
2814. A letter from the General Counsel, Department of the
Treasury, transmitting a draft of proposed legislation to
provide for a U.S. contribution to the interest subsidy
account of the successor [ESAF II] to the enhanced structural
adjustment facility of the International Monetary Fund; to
the Committee on Banking, Finance and Urban Affairs.
2815. A letter from the Chairman, Federal Trade Commission,
transmitting the 16th annual report to Congress on the
administration of the Fair Debt Collection Practices Act,
pursuant to 15 U.S.C. 1692m; to the Committee on Banking,
Finance and Urban Affairs.
2816. A letter from the Secretary of Education,
transmitting the Department's final regulations--Student
Assistance General Provisions (Student Eligibility), pursuant
to 20 U.S.C. 1232(d)(1); to the Committee on Education and
Labor.
2817. A letter from the Secretary, Department of
Transportation, transmitting the annual report on
transportation user fees, fiscal year 1992, pursuant to 45
U.S.C. 447(e); to the Committee on Energy and Commerce.
2818. A letter from the Secretary of Energy, transmitting
notification that the ``Annual/Quarterly Report on Activities
Undertaken Regarding the Strategic Petroleum Reserve'' will
be submitted to the Congress by March 31, 1994, pursuant to
section 165 of the Energy Policy and Conservation Act of
1975, as amended; to the Committee on Energy and Commerce.
2819. A letter from the Secretary of Transportation,
transmitting a draft of proposed legislation to authorize
appropriations for the National Railroad Passenger
Corporation, and for other purposes; to the Committee on
Energy and Commerce.
2820. A letter from the Chief Staff Counsel, U.S. Court of
Appeals for the D.C. Circuit, transmitting two opinions of
the U.S. Court of Appeals for the D.C. Circuit; to the
Committee on Energy and Commerce.
2821. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification that
the President wishes to exercise his authority under section
614(a)(1) of the Foreign Assistance Act of 1961, as amended
(the ``Act''), to authorize the furnishing of assistance for
sanctions enforcement against Serbia and Montenegro without
regard to provisions of law within the scope of that section,
including section 660 of the act, pursuant to 22 U.S.C.
2364(a)(1); to the Committee on Foreign Affairs.
2822. Assistant Secretary for Legislative Affairs,
Department of State, transmitting notification of a proposed
license for the export of major defense equipment sold
commercially to the Royal Saudi Air Force (Transmittal No.
DTC-5-94), pursuant to 22 U.S.C. 2776(c); to the Committee on
Foreign Affairs.
2823. Assistant Secretary for Legislative Affairs,
Department of State, transmitting notification of a proposed
license for the export of major defense equipment sold
commercially to France (Transmittal No. DTC-3-94), pursuant
to 22 U.S.C. 2776(c); to the Committee on Foreign Affairs.
2824. Assistant Secretary for Legislative Affairs,
Department of State, transmitting notification of a proposed
license for the export of major defense equipment sold
commercially to Kuwait (Transmittal No. DTC-10-94, pursuant
to 22 U.S.C. 2776(c); to the Committee on Foreign Affairs.
2825. Assistant Secretary for Legislative Affairs,
Department of State, transmitting notification of a proposed
license for the export of major defense equipment sold
commercially to Switzerland (Transmittal No. DTC-8-94),
pursuant to 22 U.S.C. 2776(d); to the Committee on Foreign
Affairs.
2826. Assistant Secretary for Legislative Affairs,
Department of State, transmitting notification of a proposed
license for the export of major defense equipment sold
commercially to the Federal Republic of Germany (Transmittal
No. DRSA-1-94), pursuant to 22 U.S.C. 2776(d); to the
Committee on Foreign Affairs.
2827. A letter from the Director, U.S. Arms Control and
Disarmanent Agency, a report entitled the ``Chemical Weapons
Convention Verification,'' also an independent assessment of
the verifiability of the Convention, pursuant to 22 U.S.C.
2577(a); to the Committee on Foreign Affairs.
2828. A letter from the Inspector General, Federal Labor
Relations Authority, trans-
[[Page 320]]
mitting the annual report under the Federal Managers'
Financial Integrity Act for fiscal year 1993, pursuant to 31
U.S.C. 3512(c)(3); to the Committee on Government Operations.
2829. A letter from the Chairman, Federal Maritime
Commission, transmitting the Commission's annual report in
compliance with the Government in the Sunshine Act during
calendar year 1993, pursuant to 5 U.S.C. 552b(j); to the
Committee on Government Operations.
2830. A letter from the Director, Institute of Museum
Services, transmitting the annual report under the Federal
Managers' Financial Integrity Act for fiscal year 1993,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Operations.
2831. A letter from the Secretary of Transportation,
transmitting a report on activities under the Freedom of
Information Act for calendar year 1993, pursuant to 5 U.S.C.
552(e); to the Committee on Government Operations.
2832. A letter from the Director, Selective Service System,
transmitting a report of activities under the Freedom of
Information Act for calendar year 1993, pursuant to 5 U.S.C.
552; to the Committee on Government Operations.
2833. A letter from the Senior Deputy Assistant
Administrator, Bureau for Legislative and Public Affairs,
U.S. Agency for International Development, transmitting a
report of activities under the Freedom of Information Act for
calendar year 1993, pursuant to 5 U.S.C. 552(d); to the
Committee on Government Operations.
2834. A letter from the Deputy Associate Director for
Collection and Disbursement, Department of the Interior,
transmitting the Department's proposed refunds of excess
royalty payments in OCS areas, pursuant to 43 U.S.C. 1339(b);
to the Committee on Natural Resources.
2835. A letter from the Deputy Associate Director for
Collection and Disbursement, Department of the Interior,
transmitting the Department's proposed refunds of excess
royalty payments in OCS areas, pursuant to 43 U.S.C. 1339(b);
to the Committee on Natural Resources.
2836. A letter from the Assistant Secretary for Fish and
Wildlife and Parks, Department of the Interior, transmitting
a request to establish a Heritage Partnership Program to
assist in the conservation and interpretation of certain
outstanding natural, cultural, historic, and scenic resources
that are the source of values important to the people of the
United States, that contribute to the quality of life for
residents and visitors, and that provide outstanding
educational and recreational opportunities for this and
future generations; to the Committee on Natural Resources.
2837. A letter from the Director, Government Relations,
Girl Scouts of the United States of America, transmitting the
Girl Scouts of the United States of America 1993 annual
report, pursuant to 36 U.S.C. 37; to the Committee on the
Judiciary.
2838. A letter from the Secretary of Commerce, transmitting
a request to amend the authority of the commissioned corps of
the National Oceanic and Atmospheric Administration to
clarify the authority of the Secretary of Commerce and for
the purposes; to the Committee on Merchant Marine and
Fisheries.
2839. A letter from the Administrator, General Services
Administration, transmitting the fiscal year 1995 General
Services Administration's [GSA's] Public Buildings Service
[PBS] Capital Improvement Program, pursuant to 40 U.S.C.
606(a); to the Committee on Public Works and Transportation.
2840. A letter from the Secretary, Department of Commerce,
transmitting the ``National Implementation Plan For
Modernization Of The National Weather Service For Fiscal Year
1995,'' pursuant to Public Law 102-567, section 703(a) (106
Stat. 4304); to the Committee on Science, Space, and
Technology.
2141. A letter from the Secretary of Labor, transmitting
the quarterly report on the expenditure and need for worker
adjustment assistance training funds under the Trade Act of
1974, pursuant to 19 U.S.C. 2296(a)(2); to the Committee on
Ways and Means.
2842. A letter from the Secretaries of Veterans Affairs and
Defense, transmitting a report on the implementation of the
health resources sharing portion of the ``Department of
Veterans Affairs and Department of Defense Health Resources
Sharing and Emergency Operations Act'' for fiscal year 1993,
pursuant to 38 U.S.C. 8111(f); jointly, to the Committees on
Armed Services and Veterans' Affairs.
2843. A letter from the Secretary, Department of Energy,
transmitting notification that the report ``Study of the
Implementations of the Unique Vulnerablities of the Insular
Areas to An Oil Supply Disruption'' will be submitted no
later than May 1, 1994, pursuant to Public Law 102-486,
section 1406(a) (106 Stat. 2995); jointly, to the Committees
on Energy and Commerce and Natural Resources.
2844. A letter from the Chairman, Railroad Retirement
Board, transmitting the results of determination of the
Railroad Retirement Account's ability to pay benefits in each
of the next 5 years, pursuant to 45 U.S.C. 231u(a)(1);
jointly, to the Committees on Energy and Commerce and Ways
and Means.
2845. A letter from the Administrator, U.S. Agency for
International Development, transmitting a report on the
origin, contents, destination, and disposition of
humanitarian goods and supplies transported by the Department
of Defense for fiscal year 1993, pursuant to 10 U.S.C. 402;
jointly, to the Committees on Foreign Affairs and Armed
Services.
Para. 29.5 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed with amendments in which the concurrence of
the House is requested, bills of the House of the following titles:
H.R. 3355. An Act to amend the Omnibus Crime Control and
Safe Streets Act of 1968 to allow grants to increase police
presence, to expand and improve cooperative efforts between
law enforcement agencies and members of the community to
address crime and disorder problems, and otherwise to enhance
public safety; and
H.R. 3474. An Act to reduce administrative requirements for
insured depository institutions to the extent consistent with
safe and sound banking practices, to facilitate the
establishment of community development financial
institutions, and for other purposes.
The message also announced that the Senate disagreed to the amendment
of the House to the amendment of the Senate to the bill (H.R. 965) ``An
Act to provide for toy safety and for other purposes'' and requested a
conference with the House on the disagreeing votes of the two Houses
thereon, and appointed Mr. Hollings, Mr. Ford, Mr. Bryan, Mr. Danforth,
and Mr. Gorton to be the conferees on the part of the Senate.
The message also announced that the Senate insisted upon its amendment
to the bill (H.R. 3355) ``An Act to amend the Omnibus Crime Control and
Safe Streets Act of 1968 to allow grants to increase police presence, to
expand and improve cooperative efforts between law enforcement agencies
and members of the community to address crime and disorder problems, and
otherwise to enhance public safety'' and requested a conference with the
House on the disagreeing votes of the two Houses thereon.
The message also announced that the Senate insisted upon its amendment
to the bill (H.R. 3474) ``An Act to reduce administrative requirements
for insured depository institutions to the extent consistent with safe
and sound banking practices, to facilitate the establishment of
community development financial institutions, and for other purposes''
and requested a conference with the House on the disagreeing votes of
the two Houses thereon, and appointed Mr. Riegle, Mr. Sarbanes, Mr.
Dodd, Mr. D'Amato, and Mr. Gramm to be the conferees on the part of the
Senate.
The message also announced that the Senate had passed a bill of the
following title, in which the concurrence of the House is requested:
S. 208. An Act to reform the concessions policies of the
National Park Service, and for other purposes.
Para. 29.6 providing for the consideration of h.r. 4092
Mr. DERRICK, by direction of the Committee on Rules, called up the
following resolution (H. Res. 395):
Resolved That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 4092) to control and prevent crime. The first
reading of the bill shall be dispensed with. All points of
order against the bill and against its consideration are
waived. General debate shall be confined to the bill and
shall not exceed one hour equally divided and controlled by
the chairman and ranking minority member of the Committee on
the Judiciary. After general debate the Committee of the
Whole shall rise without motion. No further consideration of
the bill shall be in order except pursuant to a subsequent
order of the House. The requirement of clause 4(b) of rule XI
for a two-thirds vote to consider a report from the Committee
on Rules on the same day it is presented to the House is
waived with respect to a resolution reported on or before the
legislative day of March 23, 1994, providing for further
consideration or disposition of the bill.
When said resolution was considered.
After debate,
On motion of Mr. DERRICK, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that the
yeas had it.
Mr. GOSS objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
[[Page 321]]
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
240
When there appeared
<3-line {>
Nays
175
Para. 29.7 [Roll No. 84]
YEAS--240
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lancaster
Lantos
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Wyden
Wynn
Yates
NAYS--175
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Collins (IL)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hilliard
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--18
Andrews (NJ)
Bryant
Gallo
Gonzalez
Lambert
LaRocco
Mazzoli
McMillan
Moran
Natcher
Ortiz
Pelosi
Spratt
Taylor (MS)
Towns
Washington
Weldon
Woolsey
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 29.8 crime control
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, pursuant to House
Resolution 395 and rule XXIII, declared the House resolved into the
Committee of the Whole House on the state of the Union for the
consideration of the bill (H.R. 4092) to control and prevent crime.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, by unanimous
consent, designated Mr. TORRICELLI as Chairman of the Committee of the
Whole; and after some time spent therein,
The SPEAKER pro tempore, Mr. McNULTY, assumed the Chair.
When Mr. TORRICELLI, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
Para. 29.9 waiving points of order against the conference report on h.r.
1804
Mr. DERRICK, by direction of the Committee on Rules, called up the
following resolution (H. Res. 393):
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (H.R. 1804) to improve learning and teaching by
providing a national framework for education reform; to
promote the research, consensus building, and systemic
changes needed to ensure equitable educational opportunities
and high levels of educational achievement for all students;
to provide a framework for reauthorization of all Federal
education programs; to promote the development and adoption
of a voluntary national system of skill standards and
certifications; and for other purposes. All points of order
against the conference report and against its consideration
are waived. The conference report shall be considered as
read.
When said resolution was considered.
After debate,
On motion of Mr. DERRICK, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 29.10 goals 2000: educate america
Mr. FORD of Michigan, pursuant to House Resolution 393, called up the
following conference report (Rept. No. 103-446):
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the House to the amendment of
the Senate to the bill (H.R. 1804), to improve learning and
teaching by providing a national framework for education
reform; to promote the research, consensus building, and
systemic changes needed to ensure equitable educational
opportunities and high levels of educational achievement for
all students; to provide a framework for reauthorization of
all Federal education programs; to promote the development
and adoption of a voluntary national system of skill
standards and certifications; and for other purposes, having
met, after full and free conference, have agreed to recommend
and do recommend to their respective Houses as follows:
That the Senate recede from its disagreement to the
amendment of the House to the amendment of the Senate and
agree to the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the House
amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act (other than titles V and IX) may
be cited as the ``Goals 2000: Educate America Act''.
(b) Table of Contents.--The table of contents is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Definitions.
TITLE I--NATIONAL EDUCATION GOALS
Sec. 101. Purpose.
Sec. 102. National education goals.
TITLE II--NATIONAL EDUCATION REFORM LEADERSHIP, STANDARDS, AND
ASSESSMENTS
Part A--National Education Goals Panel
Sec. 201. Purpose.
[[Page 322]]
Sec. 202. National Education Goals Panel.
Sec. 203. Duties.
Sec. 204. Powers of the Goals Panel.
Sec. 205. Administrative provisions.
Sec. 206. Director and staff; experts and consultants.
Sec. 207. Early childhood assessment.
Part B--National Education Standards and Improvement Council
Sec. 211. Purpose.
Sec. 212. National Education Standards and Improvement Council.
Sec. 213. Duties.
Sec. 214. Annual reports.
Sec. 215. Powers of the Council.
Sec. 216. Publication for public comment.
Sec. 217. Administrative provisions.
Sec. 218. Director and staff; experts and consultants.
Sec. 219. Opportunity-to-Learn Development Grant.
Sec. 220. Assessment development and evaluation grants.
Sec. 221. Evaluation.
Part C--Leadership in Educational Technology
Sec. 231. Purposes.
Sec. 232. Federal leadership.
Sec. 233. Office of educational technology.
Sec. 234. Uses of funds.
Sec. 235. Non-Federal share.
Sec. 236. Office of training technology transfer.
Part D--Authorization of Appropriations
Sec. 241. Authorization of appropriations.
TITLE III--STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT
Sec. 301. Findings.
Sec. 302. Purpose.
Sec. 303. Authorization of appropriations.
Sec. 304. Allotment of funds.
Sec. 305. State applications.
Sec. 306. State improvement plans.
Sec. 307. Secretary's review of applications; payments.
Sec. 308. State use of funds.
Sec. 309. Subgrants for local reform and professional development.
Sec. 310. Availability of information and training.
Sec. 311. Waivers of statutory and regulatory requirements.
Sec. 312. Progress reports.
Sec. 313. Technical and other assistance regarding school finance
equity.
Sec. 314. National leadership.
Sec. 315. Assistance to the outlying areas and to the Secretary of the
Interior.
Sec. 316. Clarification regarding State standards and assessments.
Sec. 317. State planning for improving student achievement through
integration of technology into the curriculum.
Sec. 318. Prohibition on Federal mandates, direction, and control.
Sec. 319. State and local government control of education.
TITLE IV--PARENTAL ASSISTANCE
Sec. 401. Parental information and resource centers.
Sec. 402. Applications.
Sec. 403. Uses of funds.
Sec. 404. Technical assistance.
Sec. 405. Definitions.
Sec. 406. Reports.
Sec. 407. General provision.
Sec. 408. Authorization of appropriations.
TITLE V--NATIONAL SKILL STANDARDS BOARD
Sec. 501. Short title.
Sec. 502. Purpose.
Sec. 503. Establishment of National Board.
Sec. 504. Functions of the National Board.
Sec. 505. Deadlines.
Sec. 506. Reports.
Sec. 507. Authorization of appropriations.
Sec. 508. Definitions.
Sec. 509. Sunset provision.
TITLE VI--INTERNATIONAL EDUCATION PROGRAM
Sec. 601. International Education Program.
TITLE VII--SAFE SCHOOLS.
Sec. 701. Short title; statement of purpose.
Sec. 702. Safe schools program authorized.
Sec. 703. Eligible applicants.
Sec. 704. Applications and plans.
Sec. 705. Use of funds.
Sec. 706. National activities.
Sec. 707. National cooperative education statistics system.
Sec. 708. Reports.
Sec. 709. Coordination of Federal assistance.
TITLE VIII--MINORITY-FOCUSED CIVICS EDUCATION
Sec. 801. Short title.
Sec. 802. Purposes.
Sec. 803. Grants authorized; authorization of appropriations.
Sec. 804. Definitions.
Sec. 805. Applications.
TITLE IX--EDUCATIONAL RESEARCH AND IMPROVEMENT
Sec. 901. Short title.
Sec. 902. Findings.
Part A--General Provisions Regarding the Office of Educational Research
and Improvement
Sec. 911. Repeal.
Sec. 912. Office of Educational Research and Improvement.
Sec. 913. Assistant Secretary for Educational Research and Improvement.
Sec. 914. Savings provision.
Sec. 915. Existing grants and contracts.
Part B--National Educational Research Policy and Priorities Board
Sec. 921. Establishment within Office of Educational Research and
Improvement.
Part C--National Research Institutes
Sec. 931. Establishment within the Office of Educational Research and
Improvement.
Part D--National Education Dissemination System
Sec. 941. Establishment within Office of Educational Research and
Improvement.
Part E--National Library of Education
Sec. 951. Establishment within Office of Educational Research and
Improvement.
Part F--Star Schools
Sec. 961. Star schools.
Part G--Office of Comprehensive School Health Education
Sec. 971. Office of Comprehensive School Health Education.
Part H--Field Readers
Sec. 981. Field readers.
Part I--Amendments to the Carl D. Perkins Vocational and Applied
Technology Education Act
Sec. 991. National Occupational Information Coordinating Committee.
TITLE X--MISCELLANEOUS
Part A--Miscellaneous Provisions
Sec. 1011. School prayer.
Sec. 1012. Funding for the Individuals with Disabilities Education Act.
Sec. 1013. National Board for professional teaching standards.
Sec. 1014. Forgiveness of certain overpayments.
Sec. 1015. Study of goals 2000 and students with disabilities.
Sec. 1016. Amendments to summer youth employment and training program.
Sec. 1017. Protection of pupils.
Sec. 1018. Contraceptive devices.
Sec. 1019. Assessments.
Sec. 1020. Public schools.
Sec. 1021. Assessment of educational progress activities.
Sec. 1022. Sense of the Congress.
Part B--Gun-free Schools
Sec. 1031. Short title.
Sec. 1032. Gun-free requirements in elementary and secondary schools.
Part C--Environmental Tobacco Smoke
Sec. 1041. Short title.
Sec. 1042. Definitions.
Sec. 1043. Nonsmoking policy for children's services.
Sec. 1044. Preemption.
Part D--Midnight Basketball League Training and Partnership
Sec. 1051. Short title.
Sec. 1052. Grants for midnight basketball league training and
partnership programs.
Sec. 1053. Public housing midnight basketball league programs.
SEC. 2. PURPOSE.
The purpose of this Act is to provide a framework for
meeting the National Education Goals established by title I
of this Act by--
(1) promoting coherent, nationwide, systemic education
reform;
(2) improving the quality of learning and teaching in the
classroom and in the workplace;
(3) defining appropriate and coherent Federal, State, and
local roles and responsibilities for education reform and
lifelong learning;
(4) establishing valid and reliable mechanisms for--
(A) building a broad national consensus on American
education reform;
(B) assisting in the development and certification of high-
quality, internationally competitive content and student
performance standards;
(C) assisting in the development and certification of
opportunity-to-learn standards; and
(D) assisting in the development and certification of high-
quality assessment measures that reflect the internationally
competitive content and student performance standards;
(5) supporting new initiatives at the Federal, State,
local, and school levels to provide equal educational
opportunity for all students to meet high academic and
occupational skill standards and to succeed in the world of
employment and civic participation;
(6) providing a framework for the reauthorization of all
Federal education programs by--
(A) creating a vision of excellence and equity that will
guide all Federal education and related programs;
(B) providing for the establishment of high-quality,
internationally competitive content and student performance
standards and strategies that all students will be expected
to achieve;
(C) providing for the establishment of high quality,
internationally competitive opportunity-to-learn standards
that all States, local educational agencies, and schools
should achieve;
(D) encouraging and enabling all State educational agencies
and local educational agencies to develop comprehensive
improvement plans that will provide a coherent framework for
the implementation of reau-
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thorized Federal education and related programs in an
integrated fashion that effectively educates all children to
prepare them to participate fully as workers, parents, and
citizens;
(E) providing resources to help individual schools,
including those serving students with high needs, develop and
implement comprehensive improvement plans; and
(F) promoting the use of technology to enable all students
to achieve the National Education Goals;
(7) stimulating the development and adoption of a voluntary
national system of skill standards and certification to serve
as a cornerstone of the national strategy to enhance
workforce skills; and
(8) assisting every elementary and secondary school that
receives funds under this Act to actively involve parents and
families in supporting the academic work of their children at
home and in providing parents with skills to advocate for
their children at school.
SEC. 3. DEFINITIONS.
(a) Titles I, II, III, and X.--As used in titles I, II,
III, and X of this Act--
(1) the terms ``all students'' and ``all children'' mean
students or children from a broad range of backgrounds and
circumstances, including disadvantaged students and children,
students or children with diverse racial, ethnic, and
cultural backgrounds, American Indians, Alaska Natives,
Native Hawaiians, students or children with disabilities,
students or children with limited-English proficiency,
school-aged students or children who have dropped out of
school, migratory students or children, and academically
talented students and children;
(2) the term ``Bureau'', unless otherwise provided, means
the Bureau of Indian Affairs;
(3) the terms ``community'', ``public'', and ``advocacy
group'' include representatives of organizations advocating
for the education of American Indian, Alaska Native, and
Native Hawaiian children and Indian tribes;
(4) the term ``content standards'' means broad descriptions
of the knowledge and skills students should acquire in a
particular subject area;
(5) the term ``Governor'' means the chief executive of the
State;
(6) the terms ``local educational agency'' and ``State
educational agency'' have the meaning given such terms in
section 1471 of the Elementary and Secondary Education Act of
1965;
(7) the term ``opportunity-to-learn standards'' means the
criteria for, and the basis of, assessing the sufficiency or
quality of the resources, practices, and conditions necessary
at each level of the education system (schools, local
educational agencies, and States) to provide all students
with an opportunity to learn the material in voluntary
national content standards or State content standards;
(8) the term ``outlying areas'' means Guam, American Samoa,
the Virgin Islands, the Commonwealth of the Northern Mariana
Islands, Palau (until the effective date of the Compact of
Free Association with the Government of Palau), the Republic
of the Marshall Islands, and the Federated States of
Micronesia;
(9) the term ``performance standards'' means concrete
examples and explicit definitions of what students have to
know and be able to do to demonstrate that such students are
proficient in the skills and knowledge framed by content
standards;
(10) the term ``related services'' has the same meaning
given such term under section 602 of the Individuals with
Disabilities Education Act;
(11) the term ``State assessment'' means measures of
student performance which include at least 1 instrument of
evaluation, and may include other measures of student
performance, for a specific purpose and use which are
intended to evaluate the progress of all students in the
State toward learning the material in State content standards
in 1 or more subject areas;
(12) the term ``school'' means a public school that is
under the authority of the State educational agency or a
local educational agency or, for the purpose of carrying out
section 315(b), a school that is operated or funded by the
Bureau;
(13) the term ``Secretary'', unless otherwise provided,
means the Secretary of Education; and
(14) the term ``State'', unless otherwise provided, means
each of the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico, and each of the outlying areas.
(b) Titles IV, V, VI, VII, VIII, and IX.--For the purpose
of titles IV, V, VI, VII, VIII, and IX--
(1) except as provided in paragraph (3) and unless
otherwise provided, the terms used in such titles have the
same meanings given such terms in section 1471 of the
Elementary and Secondary Education Act of 1965;
(2) the term ``Bureau'', unless otherwise provided, means
the Bureau of Indian Affairs; and
(3) the term ``Secretary'', unless otherwise provided,
means the Secretary of Education
TITLE I--NATIONAL EDUCATION GOALS
SEC. 101. PURPOSE.
The purpose of this title is to establish National
Education Goals.
SEC. 102. NATIONAL EDUCATION GOALS.
The Congress declares that the National Education Goals are
the following:
(1) School readiness.--(A) By the year 2000, all children
in America will start school ready to learn.
(B) The objectives for this goal are that--
(i) all children will have access to high-quality and
developmentally appropriate preschool programs that help
prepare children for school;
(ii) every parent in the United States will be a child's
first teacher and devote time each day to helping such
parent's preschool child learn, and parents will have access
to the training and support parents need; and
(iii) children will receive the nutrition, physical
activity experiences, and health care needed to arrive at
school with healthy minds and bodies, and to maintain the
mental alertness necessary to be prepared to learn, and the
number of low-birthweight babies will be significantly
reduced through enhanced prenatal health systems.
(2) School completion.--(A) By the year 2000, the high
school graduation rate will increase to at least 90 percent.
(B) The objectives for this goal are that--
(i) the Nation must dramatically reduce its school dropout
rate, and 75 percent of the students who do drop out will
successfully complete a high school degree or its equivalent;
and
(ii) the gap in high school graduation rates between
American students from minority backgrounds and their non-
minority counterparts will be eliminated.
(3) Student achievement and citizenship.--(A) By the year
2000, all students will leave grades 4, 8, and 12 having
demonstrated competency over challenging subject matter
including English, mathematics, science, foreign languages,
civics and government, economics, arts, history, and
geography, and every school in America will ensure that all
students learn to use their minds well, so they may be
prepared for responsible citizenship, further learning, and
productive employment in our Nation's modern economy.
(B) The objectives for this goal are that--
(i) the academic performance of all students at the
elementary and secondary level will increase significantly in
every quartile, and the distribution of minority students in
each quartile will more closely reflect the student
population as a whole;
(ii) the percentage of all students who demonstrate the
ability to reason, solve problems, apply knowledge, and write
and communicate effectively will increase substantially;
(iii) all students will be involved in activities that
promote and demonstrate good citizenship, good health,
community service, and personal responsibility;
(iv) all students will have access to physical education
and health education to ensure they are healthy and fit;
(v) the percentage of all students who are competent in
more than one language will substantially increase; and
(vi) all students will be knowledgeable about the diverse
cultural heritage of this Nation and about the world
community.
(4) Teacher education and professional development.--
(A) By the year 2000, the Nation's teaching force will have
access to programs for the continued improvement of their
professional skills and the opportunity to acquire the
knowledge and skills needed to instruct and prepare all
American students for the next century.
(B) The objectives for this goal are that--
(i) all teachers will have access to preservice teacher
education and continuing professional development activities
that will provide such teachers with the knowledge and skills
needed to teach to an increasingly diverse student population
with a variety of educational, social, and health needs;
(ii) all teachers will have continuing opportunities to
acquire additional knowledge and skills needed to teach
challenging subject matter and to use emerging new methods,
forms of assessment, and technologies;
(iii) States and school districts will create integrated
strategies to attract, recruit, prepare, retrain, and support
the continued professional development of teachers,
administrators, and other educators, so that there is a
highly talented work force of professional educators to teach
challenging subject matter; and
(iv) partnerships will be established, whenever possible,
among local educational agencies, institutions of higher
education, parents, and local labor, business, and
professional associations to provide and support programs for
the professional development of educators.
(5) Mathematics and science.--(A) By the year 2000, United
States students will be first in the world in mathematics and
science achievement.
(B) The objectives for this goal are that--
(i) mathematics and science education, including the metric
system of measurement, will be strengthened throughout the
system, especially in the early grades;
(ii) the number of teachers with a substantive background
in mathematics and science, including the metric system of
measurement, will increase by 50 percent; and
(iii) the number of United States undergraduate and
graduate students, especially women and minorities, who
complete degrees in mathematics, science, and engineering
will increase significantly.
(6) Adult literacy and lifelong learning.--(A) By the year
2000, every adult American will be literate and will possess
the knowledge and skills necessary to compete in a global
economy and exercise the rights and responsibilities of
citizenship.
(B) The objectives for this goal are that--
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(i) every major American business will be involved in
strengthening the connection between education and work;
(ii) all workers will have the opportunity to acquire the
knowledge and skills, from basic to highly technical, needed
to adapt to emerging new technologies, work methods, and
markets through public and private educational, vocational,
technical, workplace, or other programs;
(iii) the number of quality programs, including those at
libraries, that are designed to serve more effectively the
needs of the growing number of part-time and midcareer
students will increase substantially;
(iv) the proportion of the qualified students, especially
minorities, who enter college, who complete at least two
years, and who complete their degree programs will increase
substantially;
(v) the proportion of college graduates who demonstrate an
advanced ability to think critically, communicate
effectively, and solve problems will increase substantially;
and
(vi) schools, in implementing comprehensive parent
involvement programs, will offer more adult literacy, parent
training and life-long learning opportunities to improve the
ties between home and school, and enhance parents' work and
home lives.
(7) Safe, disciplined, and alcohol- and drug- free
schools.--
(A) By the year 2000, every school in the United States
will be free of drugs, violence, and the unauthorized
presence of firearms and alcohol and will offer a disciplined
environment conducive to learning.
(B) The objectives for this goal are that--
(i) every school will implement a firm and fair policy on
use, possession, and distribution of drugs and alcohol;
(ii) parents, businesses, governmental and community
organizations will work together to ensure the rights of
students to study in a safe and secure environment that is
free of drugs and crime, and that schools provide a healthy
environment and are a safe haven for all children;
(iii) every local educational agency will develop and
implement a policy to ensure that all schools are free of
violence and the unauthorized presence of weapons;
(iv) every local educational agency will develop a
sequential, comprehensive kindergarten through twelfth grade
drug and alcohol prevention education program;
(v) drug and alcohol curriculum should be taught as an
integral part of sequential, comprehensive health education;
(vi) community-based teams should be organized to provide
students and teachers with needed support; and
(vii) every school should work to eliminate sexual
harassment.
(8) Parental participation.--
(A) By the year 2000, every school will promote
partnerships that will increase parental involvement and
participation in promoting the social, emotional, and
academic growth of children.
(B) The objectives for this Goal are that--
(i) every State will develop policies to assist local
schools and local educational agencies to establish programs
for increasing partnerships that respond to the varying needs
of parents and the home, including parents of children who
are disadvantaged or bilingual, or parents of children with
disabilities;
(ii) every school will actively engage parents and families
in a partnership which supports the academic work of children
at home and shared educational decisionmaking at school; and
(iii) parents and families will help to ensure that schools
are adequately supported and will hold schools and teachers
to high standards of accountability.
TITLE II--NATIONAL EDUCATION REFORM LEADERSHIP, STANDARDS, AND
ASSESSMENTS
PART A--NATIONAL EDUCATION GOALS PANEL
SEC. 201. PURPOSE.
It is the purpose of this part to establish a bipartisan
mechanism for--
(1) building a national consensus for education
improvement;
(2) reporting on progress toward achieving the National
Education Goals; and
(3) reviewing the voluntary national content standards,
voluntary national student performance standards and
voluntary national opportunity-to-learn standards certified
by the National Education Standards and Improvement Council,
as well as the criteria for the certification of such
standards, and the criteria for the certification of State
assessments certified by the National Education Standards and
Improvement Council, with the option of disapproving such
standards and criteria not later than 90 days after receipt
from such Council.
SEC. 202. NATIONAL EDUCATION GOALS PANEL.
(a) Establishment.--There is established in the executive
branch a National Education Goals Panel (hereafter in this
title referred to as the ``Goals Panel'') to advise the
President, the Secretary, and the Congress.
(b) Composition.--The Goals Panel shall be composed of 18
members (hereafter in this part referred to as ``members''),
including--
(1) 2 members appointed by the President;
(2) 8 members who are Governors, 3 of whom shall be from
the same political party as the President and 5 of whom shall
be from the opposite political party of the President,
appointed by the Chairperson and Vice Chairperson of the
National Governors' Association, with the Chairperson and
Vice Chairperson each appointing representatives of such
Chairperson's or Vice Chairperson's respective political
party, in consultation with each other;
(3) 4 Members of the Congress, of whom--
(A) 1 member shall be appointed by the Majority Leader of
the Senate from among the Members of the Senate;
(B) 1 member shall be appointed by the Minority Leader of
the Senate from among the Members of the Senate;
(C) 1 member shall be appointed by the Majority Leader of
the House of Representatives from among the Members of the
House of Representatives; and
(D) 1 member shall be appointed by the Minority Leader of
the House of Representatives from among the Members of the
House of Representatives; and
(4) 4 members of State legislatures appointed by the
President of the National Conference of State Legislatures,
of whom 2 shall be of the same political party as the
President of the United States.
(c) Special Appointment Rules.--
(1) In general.--The members appointed pursuant to
subsection (b)(2) shall be appointed as follows:
(A) If the Chairperson of the National Governors'
Association is from the same political party as the
President, the Chairperson shall appoint 3 individuals and
the Vice Chairperson of such association shall appoint 5
individuals.
(B) If the Chairperson of the National Governors'
Association is from the opposite political party as the
President, the Chairperson shall appoint 5 individuals and
the Vice Chairperson of such association shall appoint 3
individuals.
(2) Special rule.--If the National Governors' Association
has appointed a panel that meets the requirements of
subsections (b) and (c), except for the requirements of
paragraph (4) of subsection (b), prior to the date of
enactment of this Act, then the members serving on such panel
shall be deemed to be in compliance with the provisions of
such subsections and shall not be required to be reappointed
pursuant to such subsections.
(3) Representation.--To the extent feasible, the membership
of the Goals Panel shall be geographically representative and
reflect the racial, ethnic, and gender diversity of the
United States.
(d) Terms.--The terms of service of members shall be as
follows:
(1) Presidential appointees.--Members appointed under
subsection (b)(1) shall serve at the pleasure of the
President.
(2) Governors.--Members appointed under paragraph (2) of
subsection (b) shall serve for 2-year terms, except that the
initial appointments under such paragraph shall be made to
ensure staggered terms with one-half of such members' terms
concluding every 2 years.
(3) Congressional appointees and state legislators.--
Members appointed under paragraphs (3) and (4) of subsection
(b) shall serve for 2-year terms.
(e) Date of Appointment.--The initial members shall be
appointed not later than 60 days after the date of enactment
of this Act.
(f) Initiation.--The Goals Panel may begin to carry out its
duties under this part when 10 members of the Goals Panel
have been appointed.
(g) Vacancies.--A vacancy on the Goals Panel shall not
affect the powers of the Goals Panel, but shall be filled in
the same manner as the original appointment.
(h) Travel.--Each member may be allowed travel expenses,
including per diem in lieu of subsistence, as authorized by
section 5703 of title 5, United States Code, for each day the
member is engaged in the performance of duties for the Goals
Panel away from the home or regular place of business of the
member.
(i) Chairperson.--
(1) In general.--The members shall select a Chairperson
from among the members.
(2) Term and political affiliation.--The Chairperson of the
Goals Panel shall serve a 1-year term and shall alternate
between political parties.
(j) Conflict of Interest.--A member of the Goals Panel who
is an elected official of a State which has developed
content, student performance, or opportunity-to-learn
standards may not participate in Goals Panel consideration of
such standards.
(k) Ex Officio Member.--If the President has not appointed
the Secretary as 1 of the 2 members the President appoints
pursuant to subsection (b)(1), then the Secretary shall serve
as a nonvoting ex officio member of the Goals Panel.
SEC. 203. DUTIES.
(a) In General.--The Goals Panel shall--
(1) report to the President, the Secretary, and the
Congress regarding the progress the Nation and the States are
making toward achieving the National Education Goals
established under title I of this Act, including issuing an
annual report;
(2) report on State opportunity-to-learn standards and
strategies and the progress of States that are implementing
such standards and strategies to help all students meet State
content standards and State student performance standards;
(3) submit to the President nominations for appointment to
the National Education Standards and Improvement Council in
accordance with subsections (b) and (c) of section 212;
(4) after taking into consideration the public comments
received pursuant to section 216 and not later than 90 days
after receipt, review the--
(A) criteria developed by the National Education Standards
and Improvement Council for the certification of State
content standards, State student performance standards,
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State assessments, and State opportunity-to-learn standards;
and
(B) voluntary national content standards, voluntary
national student performance standards and voluntary national
opportunity-to-learn standards certified by the National
Education Standards and Improvement Council,
except that the Goals Panel shall have the option of
disapproving such criteria and standards by a two-thirds
majority vote of the membership of the Goals Panel not later
than 90 days after receipt of such criteria and standards;
(5) report on promising or effective actions being taken at
the national, State, and local levels, and in the public and
private sectors, to achieve the National Education Goals; and
(6) help build a nationwide, bipartisan consensus for the
reforms necessary to achieve the National Education Goals.
(b) Report.--
(1) In general.--The Goals Panel shall annually prepare and
submit to the President, the Secretary, the appropriate
committees of Congress, and the Governor of each State a
report that shall--
(A) report on the progress of the United States toward
achieving the National Education Goals;
(B) identify actions that should be taken by Federal,
State, and local governments to enhance progress toward
achieving the National Education Goals and to provide all
students with a fair opportunity-to-learn; and
(C) report on State opportunity-to-learn standards and
strategies and the progress of States that are implementing
such standards and strategies to help all students meet State
content standards and State student performance standards.
(2) Form; data.--Reports shall be presented in a form, and
include data, that is understandable to parents and the
general public.
SEC. 204. POWERS OF THE GOALS PANEL.
(a) Hearings.--
(1) In general.--The Goals Panel shall, for the purpose of
carrying out this part, conduct such hearings, sit and act at
such times and places, take such testimony, and receive such
evidence, as the Goals Panel considers appropriate.
(2) Representation.--In carrying out this part, the Goals
Panel shall conduct hearings to receive reports, views, and
analyses of a broad spectrum of experts and the public on the
establishment of voluntary national content standards,
voluntary national student performance standards, voluntary
national opportunity-to-learn standards, and State
assessments described in section 213(f).
(b) Information.--The Goals Panel may secure directly from
any department or agency of the United States information
necessary to enable the Goals Panel to carry out this part.
Upon request of the Chairperson of the Goals Panel, the head
of a department or agency shall furnish such information to
the Goals Panel to the extent permitted by law.
(c) Postal Services.--The Goals Panel may use the United
States mail in the same manner and under the same conditions
as other departments and agencies of the United States.
(d) Use of Facilities.--The Goals Panel may, with consent
of any agency or instrumentality of the United States, or of
any State or political subdivision thereof, use the research,
equipment, services, and facilities of such agency,
instrumentality, State, or subdivision, respectively.
(e) Administrative Arrangements and Support.--
(1) In general.--The Secretary shall provide to the Goals
Panel, on a reimbursable basis, such administrative support
services as the Goals Panel may request.
(2) Contracts and other arrangements.--The Secretary, to
the extent appropriate, and on a reimbursable basis, shall
make contracts and other arrangements that are requested by
the Goals Panel to help the Goals Panel compile and analyze
data or carry out other functions necessary to the
performance of such responsibilities.
SEC. 205. ADMINISTRATIVE PROVISIONS.
(a) Meetings.--The Goals Panel shall meet on a regular
basis, as necessary, at the call of the Chairperson of the
Goals Panel or a majority of its members.
(b) Quorum.--A majority of the members shall constitute a
quorum for the transaction of business.
(c) Voting and Final Decision.--
(1) Voting.--No individual may vote, or exercise any of the
powers of a member, by proxy.
(2) Final decisions.--
(A) In making final decisions of the Goals Panel with
respect to the exercise of its duties and powers the Goals
Panel shall operate on the principle of consensus among the
members of the Goals Panel.
(B) Except as otherwise provided in this part, if a vote of
the membership of the Goals Panel is required to reach a
final decision with respect to the exercise of its duties and
powers, then such final decision shall be made by a three-
fourths vote of the members of the Goals Panel who are
present and voting.
(d) Public Access.--The Goals Panel shall ensure public
access to its proceedings (other than proceedings, or
portions of proceedings, relating to internal personnel and
management matters) and make available to the public, at
reasonable cost, transcripts of such proceedings.
SEC. 206. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.
(a) Director.--The Chairperson of the Goals Panel, without
regard to the provisions of title 5, United States Code,
relating to the appointment and compensation of officers or
employees of the United States, shall appoint a Director to
be paid at a rate not to exceed the rate of basic pay payable
for level V of the Executive Schedule.
(b) Appointment and Pay of Employees.--
(1) In general.--(A) The Director may appoint not more than
4 additional employees to serve as staff to the Goals Panel
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service.
(B) The employees appointed under subparagraph (A) may be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, but shall not
be paid a rate that exceeds the maximum rate of basic pay
payable for GS-15 of the General Schedule.
(2) Additional employees.--The Director may appoint
additional employees to serve as staff to the Goals Panel in
accordance with title 5, United States Code.
(c) Experts and Consultants.--The Goals Panel may procure
temporary and intermittent services of experts and
consultants under section 3109(b) of title 5, United States
Code.
(d) Staff of Federal Agencies.--Upon the request of the
Goals Panel, the head of any department or agency of the
United States may detail any of the personnel of such agency
to the Goals Panel to assist the Goals Panel in its duties
under this part.
SEC. 207. EARLY CHILDHOOD ASSESSMENT.
(a) In General.--The Goals Panel shall support the work of
its Resource and Technical Planning Groups on School
Readiness (hereafter in this section referred to as the
``Groups'') to improve the methods of assessing the readiness
of children for school that would lead to alternatives to
currently used early childhood assessments.
(b) Activities.--The Groups shall--
(1) develop a model of elements of school readiness that
address a broad range of early childhood developmental needs,
including the needs of children with disabilities;
(2) create clear guidelines regarding the nature,
functions, and uses of early childhood assessments, including
assessment formats that are appropriate for use in culturally
and linguistically diverse communities, based on model
elements of school readiness;
(3) monitor and evaluate early childhood assessments,
including the ability of existing assessments to provide
valid information on the readiness of children for school;
and
(4) monitor and report on the long-term collection of data
on the status of young children to improve policy and
practice, including the need for new sources of data
necessary to assess the broad range of early childhood
developmental needs.
(c) Advice.--The Groups shall advise and assist the
Congress, the Secretary, the Goals Panel, and others
regarding how to improve the assessment of young children and
how such assessments can improve services to children.
(d) Report.--The Goals Panel shall provide reports on the
work of the Groups to the appropriate committees of the
Congress, the Secretary, and the public.
PART B--NATIONAL EDUCATION STANDARDS AND IMPROVEMENT COUNCIL
SEC. 211. PURPOSE.
It is the purpose of this part to establish a mechanism
to--
(1) certify and periodically review voluntary national
content standards and voluntary national student performance
standards that define what all students should know and be
able to do;
(2) certify State content standards and State student
performance standards submitted by States on a voluntary
basis, if such standards are comparable or higher in rigor
and quality to the voluntary national content standards and
voluntary national student performance standards certified by
the National Education Standards and Improvement Council;
(3) certify and periodically review voluntary national
opportunity-to-learn standards that describe the conditions
of teaching and learning necessary for all students to have a
fair opportunity to achieve the knowledge and skills
described in the voluntary national content standards and the
voluntary national student performance standards certified by
the National Education Standards and Improvement Council;
(4) certify opportunity-to-learn standards submitted by
States on a voluntary basis, if such standards are comparable
or higher in rigor and quality to the voluntary national
opportunity-to-learn standards certified by the National
Education Standards and Improvement Council; and
(5) certify State assessments submitted by States or groups
of States on a voluntary basis, if such assessments--
(A) are aligned with and support State content standards
certified by such Council; and
(B) are valid, reliable, and consistent with relevant,
nationally recognized, professional and technical standards
for assessment when used for their intended purposes.
SEC. 212. NATIONAL EDUCATION STANDARDS AND IMPROVEMENT
COUNCIL.
(a) Establishment.--There is established in the executive
branch a National Education Standards and Improvement Council
(hereafter in this part referred to as the ``Council'').
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(b) Composition.--
(1) In general.--The Council shall be composed of 19
members (hereafter in this part referred to as ``members'')
who shall be appointed as follows:
(A) The President shall appoint 7 individuals to the
Council from among nominations received from the Secretary
under subsection (c)(1)(B)(i), of whom--
(i) 2 shall be from each of the categories described in
clause (i), (iii), or (iv) of subsection (c)(1)(A); and
(ii) 1 shall be from the category described in clause (ii)
of subsection (c)(1)(A).
(B) The President shall appoint 12 individuals to the
Council, of whom--
(i) 4 individuals shall be from nominations received from
the Speaker of the House of Representatives, of whom 1
individual shall be from each of the categories described in
clauses (i) through (iv) of subsection (c)(1)(A);
(ii) 4 individuals shall be from nominations received from
the Majority Leader of the Senate, of whom 1 individual shall
be from each of the categories described in clauses (i)
through (iv) of subsection (c)(1)(A); and
(iii) 4 individuals shall be from nominations received from
the Goals Panel, of whom 1 individual shall be from each of
the categories described in clauses (i) through (iv) of
subsection (c)(1)(A).
(2) Special rules.--From among nominations received
pursuant to subparagraphs (A) and (B) of paragraph (1) the
President shall appoint to the Council--
(A) 1 individual representative of post-secondary
educational institutions;
(B) 1 individual representative of organized labor; and
(C) 1 individual who is representative of business and is a
member of the National Skill Standards Board established
under title V.
(c) Appointment Rules and Qualifications.--
(1) Appointment categories.--(A) The members of the Council
shall be appointed from among the following categories of
individuals:
(i) Professional educators, including elementary and
secondary classroom teachers, preschool educators, related
services personnel, and other school-based professionals,
State or local educational agency administrators, and other
educators.
(ii) Representatives of business and industry, organized
labor, and postsecondary educational institutions.
(iii) Representatives of the public, including
representatives of advocacy, civil rights and disability
groups, parents, civic leaders, State or local education
policymakers (including members of State, local, or tribal
school boards).
(iv) Education experts, including experts in measurement
and assessment, curriculum, school finance and equity, and
school reform.
(B)(i) The Secretary shall nominate 21 individuals for
membership on the Council, of whom--
(I) 3 individuals shall be nominated from the category
described in subparagraph (A)(i); and
(II) 6 individuals shall be nominated from each of the
categories described in clauses (ii) through (iv) of
subparagraph (A).
(ii) The Speaker of the House of Representatives, in
consultation with the Majority Leader and Minority Leader of
the House of Representatives, shall nominate 12 individuals
for membership on the Council, of whom 3 individuals shall be
nominated from each of the categories described in clauses
(i) through (iv) of subparagraph (A).
(iii) The Majority Leader of the Senate, in consultation
with the Minority Leader of the Senate, shall nominate 12
individuals for membership on the Council, of whom 3
individuals shall be nominated from each of the categories
described in clauses (i) and (iv) of subparagraph (A).
(iv) The Goals Panel shall nominate 12 individuals for
membership on the Council, of whom 3 individuals shall be
nominated from each of the categories described in clauses
(i) and (iv) of subparagraph (A).
(2) Representation.--To the extent feasible, the membership
of the Council shall be geographically representative of the
United States and reflect the diversity of the United States
with regard to race, ethnicity, gender, and disability
characteristics.
(3) Expertise or background.--Not less than one-third of
the individuals nominated and appointed under subsection (b)
shall have expertise or background in the educational needs
of children who are from low-income families, from minority
backgrounds, have limited-English proficiency, or have
disabilities.
(4) Division between political parties.--To the extent
feasible, the individuals nominated and the individuals
appointed to the Council shall be equally divided between the
2 major political parties.
(d) Terms.--
(1) In general.--Members shall be appointed for 3-year
terms, with no member serving more than 2 consecutive terms.
(2) Staggering.--(A) The Council shall establish initial
terms for members of 1, 2, or 3 years in order to establish a
rotation in which one-third of the members are selected each
year.
(B) The Secretary shall determine, pursuant to a lottery,
which members serve terms of 1, 2, or 3 years under
subparagraph (A).
(e) Date of Appointment.--The initial members shall be
appointed not later than 120 days after the date of enactment
of this Act.
(f) Initiation.--The Council shall begin to carry out the
duties of the Council under this part when all 20 members
have been appointed.
(g) Retention.--In order to retain an appointment to the
Council, a member shall attend at least two-thirds of the
scheduled meetings of the Council in any given year.
(h) Vacancy.--A vacancy on the Council shall not affect the
powers of the Council, but shall be filled in the same manner
as the original appointment.
(i) Compensation.--Members of the Council who are not
regular full-time employees of the United States may, while
attending meetings or hearings of the Council, be provided
compensation at a rate fixed by the Secretary, but not
exceeding the maximum rate of basic pay payable for GS-15 of
the General Schedule.
(j) Conflict of Interest.--
(1) In general.--A member of the Council may not
concurrently serve as a member of the Goals Panel.
(2) Prohibition.--A member of the Council who resides in a
State which has developed State content standards, State
student performance standards, State opportunity-to-learn
standards or State assessments that are submitted to the
Council for certification may not participate in Council
consideration of such standards and assessments.
(3) Special rules.--(A) Notwithstanding any other provision
of law, before an individual is appointed to the Council, the
official responsible for issuing waivers under section
208(b)(3) of title 18, United States Code, shall submit to
the Committee on Education and Labor of the House of
Representatives and the Committee on Labor and Human
Resources of the Senate a copy of the waiver required by that
section. Information contained in the waiver that would not
otherwise be publicly available under section 208(d)(1) of
title 18, United States Code, shall be provided to such
committees, but shall be noted as nonpublic information.
(B) The Council shall develop, consistent with the
provisions of and regulations promulgated pursuant to section
208(b)(3) of title 18, United States Code, and submit to the
Committee on Education and Labor of the House of
Representatives and the Committee on Labor and Human
Resources of the Senate procedures governing the
participation of members in any matter that affects the
financial interests of the members or of a person or entity
whose interests are imputed to the member.
(k) Travel.--Each member of the Council may be allowed
travel expenses, including per diem in lieu of subsistence,
as authorized by section 5703 of title 5, United States Code,
for each day the member is engaged in the performance of
duties away from the home or regular place of business of the
member.
(l) Officers.--The members of the Council shall select
officers from among its members. The officers of the Council
shall serve for one-year terms.
SEC. 213. DUTIES.
(a) Voluntary National Content Standards; Voluntary
National Student Performance Standards.--
(1) In general.--The Council, which may consult with
outside experts, shall--
(A) identify areas in which voluntary national content
standards need to be developed;
(B) certify voluntary national content standards and
voluntary national student performance standards using the
criteria developed under paragraph (2)(A)(i), that define
what all students should know and be able to do;
(C) forward such voluntary national content standards and
voluntary national student performance standards to the Goals
Panel for review, except that the Goals Panel shall have the
option of disapproving such standards by a two-thirds
majority vote of the full membership of the Goals Panel not
later than 90 days after receipt of such standards; and
(D) develop a process for periodically reviewing any
voluntary national content standards, voluntary national
student performance standards, and voluntary national
opportunity-to-learn standards that have been certified.
(2) Criteria.--(A) The Council, which may consult with
outside experts, shall--
(i) identify and develop criteria to be used for certifying
the voluntary national content standards and voluntary
national student performance standards; and
(ii) before applying such criteria, forward such criteria
to the Goals Panel for review, except that the Goals Panel
shall have the option of disapproving such criteria by a two-
thirds majority vote of the full membership of the Goals
Panel not later than 90 days after receipt of such criteria.
(B) The criteria developed by the Council shall address--
(i) the extent to which the proposed standards are
internationally competitive and comparable to the best in the
world;
(ii) the extent to which the proposed voluntary national
content standards and voluntary national student performance
standards reflect the best available knowledge about how all
students learn and about how the content area can be most
effectively taught;
(iii) the extent to which the proposed voluntary national
content standards and voluntary national student performance
standards have been developed through an open and public
process that provides for input and involvement of all
relevant parties, including teachers, related services
personnel, and other professional educators, employers
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and postsecondary education institutions, curriculum and
subject matter specialists, parents, advocacy groups,
secondary school students, and the public; and
(iv) other factors that the Council deems appropriate.
(C) In developing the criteria, the Council shall work with
entities that are developing, or have already developed,
content and student performance standards, and any other
entities that the Council deems appropriate, to identify
appropriate certification criteria.
(b) State Content Standards; State Student Performance
Standards.--The Council may certify State content standards
and State student performance standards presented on a
voluntary basis by a State or group of States, using the
criteria developed under subsection (a)(2)(A)(i), if such
standards are comparable or higher in rigor and quality to
the voluntary national content standards and voluntary
national student performance standards certified by the
Council.
(c) Voluntary National Opportunity-To-Learn Standards.--
(1) In general.--The Council, which may consult with
outside experts, shall certify exemplary, voluntary national
opportunity-to-learn standards that will establish a basis
for providing all students a fair opportunity to achieve the
knowledge and skills set out in the voluntary national
content standards certified by the Council. In carrying out
the preceding sentence the Council is authorized to consider
proposals for voluntary national opportunity-to-learn
standards from groups other than groups that receive grants
under section 219.
(2) Elements addressed.--The voluntary national
opportunity-to-learn standards certified by the Council shall
address--
(A) the quality and availability to all students of
curricula, instructional materials, and technologies,
including distance learning;
(B) the capability of teachers to provide high-quality
instruction to meet diverse learning needs in each content
area to all students;
(C) the extent to which teachers, principals, and
administrators have ready and continuing access to
professional development, including the best knowledge about
teaching, learning, and school improvement;
(D) the extent to which curriculum, instructional
practices, and assessments are aligned to voluntary national
content standards;
(E) the extent to which school facilities provide a safe
and secure environment for learning and instruction and have
the requisite libraries, laboratories, and other resources
necessary to provide an opportunity-to-learn;
(F) the extent to which schools utilize policies,
curricula, and instructional practices which ensure
nondiscrimination on the basis of gender; and
(G) other factors that the Council deems appropriate to
ensure that all students receive a fair opportunity to
achieve the knowledge and skills described in the voluntary
national content standards and the voluntary national student
performance standards certified by the Council.
(3) Additional duties.--In carrying out this subsection,
the Council shall--
(A) identify what other countries with rigorous content
standards do to--
(i) provide their children with opportunities to learn;
(ii) prepare their teachers; and
(iii) provide continuing professional development
opportunities for their teachers; and
(B) develop criteria to be used for certifying the
voluntary national opportunity-to-learn standards and State
opportunity-to-learn standards and, before applying such
criteria, forward such criteria to the Goals Panel for
review, except that the Goals Panel shall have the option of
disapproving such criteria by a two-thirds majority vote of
the full membership of the Goals Panel not later than 90 days
after receipt of such criteria.
(4) Recommendations and coordination.--The Council shall
assist in the development of the voluntary national
opportunity-to-learn standards developed by each consortium
under section 219 by--
(A) making recommendations to the Secretary regarding
priorities and selection criteria for each grant awarded
under section 219; and
(B) coordinating with each consortium receiving awards
under section 219 to ensure that the opportunity-to-learn
standards the consortium develops are appropriate for the
needs of all students, are of high quality, and are
consistent with the criteria developed by the Council for the
certification of such standards.
(5) Approval.--The Council shall forward the voluntary
national opportunity-to-learn standards the Council certifies
to the Goals Panel for review, except that the Goals Panel
shall have the option of disapproving such standards by a
two-thirds majority vote of the full membership of the Goals
Panel not later than 90 days after receipt of such standards.
(d) State Opportunity-to-Learn Standards.--The Council may
certify State opportunity-to-learn standards submitted
voluntarily by a State, using the criteria developed under
subsection (c)(3)(B), if such standards are comparable or
higher in rigor and quality to the voluntary national
opportunity-to-learn standards.
(e) General Provision Regarding Voluntary National
Standards.--The Council may certify voluntary national
content standards, voluntary national student performance
standards, and voluntary national opportunity-to-learn
standards if such standards are sufficiently general to be
used by any State without restricting State and local control
of curriculum and prerogatives regarding instructional
methods to be employed.
(f) State Assessments.--
(1) In general.--(A) The Council may certify for a period
not to exceed 5 years, State assessments that are submitted
voluntarily by a State, using the criteria developed under
paragraph (2)(A), if such assessments are aligned with the
State's content standards certified by the Council.
(B) State assessments shall be certified by the Council for
the purposes of--
(i) informing students, parents, teachers, and related
services personnel about the progress of all students toward
the standards;
(ii) improving classroom instruction and improving the
learning outcomes for all students;
(iii) exemplifying for students, parents, and teachers the
kinds and levels of achievement that should be expected of
all students, including the identification of State student
performance standards;
(iv) measuring and motivating individual students, schools,
districts, States, and the Nation to improve educational
performance; and
(v) assisting education policymakers in making decisions
about education programs.
(C) The Council shall certify State assessments only if--
(i) a State can demonstrate to the Council that all
students have been prepared in the content for which such
students are being assessed;
(ii) such assessments will not be used to make decisions
regarding graduation, grade promotion, or retention of
students for a period of 5 years from the date of enactment
of this Act; and
(iii) the State has submitted to the Council--
(I) a description of the purposes for which the State
assessments have been designed;
(II) the methodologies and process used to develop, select,
validate, and use such State assessments;
(III) a copy of the test instrument, as appropriate;
(IV) a description of the other measures the State will use
to evaluate student performance; and
(V) evidence that the test or tests which are part of the
State assessments are valid, reliable measures of their
intended purposes, are aligned with the State content
standards, are capable of assessing the progress of all
students toward learning the material in the State content
standards, and are consistent with relevant nationally
recognized professional and technical standards.
(D) The Council, at the request of a State prior to the
State's submission to the Council of a State assessment for a
proposed use, shall review and provide guidance to such State
on a proposed package of measures, including tests that will
be included in such a system.
(2) Criteria.--(A) The Council shall develop and, not
sooner than three years nor later than four years after the
date of enactment of this Act, begin utilizing criteria for
the certification of State assessments for the purposes
described in paragraph (1)(B).
(B) Before using such criteria, the Council shall forward
the criteria to the Goals Panel for review, except that the
Goals Panel shall have the option of disapproving such
criteria by a two-thirds majority vote of the full membership
of the Goals Panel not later than 90 days after receipt of
such criteria.
(C) The certification criteria developed by the Council
shall address the extent to which the State assessments--
(i) are aligned with a State's or a group of States' State
content standards certified by the Council; and
(ii) are to be used for a purpose for which they are valid,
reliable, and free of discrimination, and are consistent with
relevant, nationally recognized professional and technical
standards for assessment.
(D) In determining appropriate certification criteria for
State assessments, the Council shall--
(i) consider standards and criteria being developed by
other national organizations, research on assessment, and
emerging new State and local assessments;
(ii) recommend needed research;
(iii) encourage the development and field testing of State
assessments; and
(iv) provide a public forum for discussing, debating, and
building consensus for the criteria to be used for the
certification of State assessments.
(E) Prior to determining the certification criteria, the
Council shall seek public comment regarding the proposed
criteria.
(F) The Council shall certify State assessments only if
such assessments include all students and provide for the
adaptations and accommodations necessary to permit the
participation of all students with diverse learning needs.
(g) Performance of Duties.--In carrying out its
responsibilities under this title, the Council shall--
(1) provide for a process of broad public input as part of
the process of developing criteria for standards and
assessments;
(2) work with Federal and non-Federal departments,
agencies, or organizations which are conducting research,
studies, or demonstration projects to determine
internationally competitive standards and assessments, and
may establish subject matter and
[[Page 328]]
other panels to advise the Council on particular content,
student performance, and opportunity-to-learn standards and
on State assessments;
(3) establish cooperative arrangements with the National
Skill Standards Board to promote the coordination of the
development of content and student performance standards
under this title with the development of skill standards
under title V of this Act;
(4) recommend studies to the Secretary that are necessary
to carry out the Council's responsibilities;
(5) inform the public about what constitutes high quality,
internationally competitive, content, student performance,
and opportunity-to-learn standards, and State assessments;
(6) on a regular basis, review and update criteria for
certifying content, student performance, and opportunity-to-
learn standards, and State assessments; and
(7) periodically recertify, as appropriate, the voluntary
national content standards, the voluntary national student
performance standards, and the voluntary national
opportunity-to-learn standards and the State assessments that
the Council certifies under this section.
(h) Special Rules.--
(1) Unconditioned state participation.--No State shall be
required to obtain certification of standards or assessments
developed under subsection (b), (d), or (f) of this section
or to participate in programs under title III of this Act, as
a condition of participating in any Federal education program
under this or any other Act.
(2) Construction.--Nothing in this Act shall be construed
to create a legally enforceable right for any person against
a State, local educational agency, or school based on a
standard or assessment certified by the Council or the
criteria developed by the Council for such certification.
SEC. 214. ANNUAL REPORTS.
Not later than one year after the date the Council
concludes its first meeting, and in each succeeding year, the
Council shall prepare and submit a report to the President,
the Secretary, the appropriate committees of Congress, the
Governor of each State, and the Goals Panel regarding its
work.
SEC. 215. POWERS OF THE COUNCIL.
(a) Hearings.--
(1) In general.--The Council shall, for the purpose of
carrying out its responsibilities, conduct such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence, as the Council considers appropriate.
(2) Location.--In carrying out this part, the Council shall
conduct public hearings in different geographic areas of the
United States, both urban and rural, to receive the reports,
views, and analyses of a broad spectrum of experts and the
public on the establishment of voluntary national content
standards, voluntary national student performance standards,
voluntary national opportunity-to-learn standards, and State
assessments described in section 213(f).
(b) Information.--The Council may secure directly from any
department or agency of the United States information
necessary to enable the Council to carry out this part. Upon
request of the Chairperson of the Council, the head of such
department or agency shall furnish such information to the
Council to the extent permitted by law.
(c) Postal Services.--The Council may use the United States
mail in the same manner and under the same conditions as
other departments and agencies of the United States.
(d) Use of Facilities.--The Council may use the research,
equipment, services, and facilities of any department,
agency, or instrumentality of the United States, or of any
State or political subdivision thereof with the consent of
such department, agency, instrumentality, State or
subdivision, respectively.
(e) Administrative Arrangements and Support.--
(1) In general.--The Secretary shall provide to the
Council, on a reimbursable basis, such administrative support
services as the Council may request.
(2) Contracts and other arrangements.--The Secretary, to
the extent appropriate and on a reimbursable basis, shall
enter into contracts and other arrangements that are
requested by the Council to help the Council compile and
analyze data or carry out other functions necessary to the
performance of the Council's responsibilities.
SEC. 216. PUBLICATION FOR PUBLIC COMMENT.
(a) Transmittal.--For the purpose of obtaining public
comment through publication in the Federal Register, the
Council shall transmit to the Secretary--
(1) proposed criteria for certifying voluntary national
content standards, voluntary national student performance
standards, and State content standards and State performance
standards;
(2) proposed criteria for certifying voluntary national
opportunity-to-learn standards and State opportunity-to-learn
standards;
(3) proposed criteria for certifying State assessments; and
(4) proposed voluntary national content standards,
voluntary national student performance standards, and
voluntary national opportunity-to-learn standards.
(b) Publication.--The Secretary shall publish such proposed
procedures, standards, and criteria in the Federal Register.
SEC. 217. ADMINISTRATIVE PROVISIONS.
(a) Meetings.--The Council shall meet on a regular basis,
as necessary, at the call of the Chairperson of the Council,
or a majority of its members.
(b) Quorum.--A majority of the members shall constitute a
quorum for the transaction of business.
(c) Voting.--The Council shall take all action of the
Council by a majority vote of the total membership of the
Council, ensuring the right of the minority to issue written
views. No individual may vote or exercise any of the powers
of a member by proxy.
(d) Public Access.--The Council shall ensure public access
to its proceedings (other than proceedings, or portions of
proceedings, relating to internal personnel and management
matters) and make available to the public, at reasonable
cost, transcripts of such proceedings.
SEC. 218. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.
(a) Director.--The Chairperson of the Council shall,
without regard to the provisions of title 5, United States
Code, relating to the appointment and compensation of
officers or employees of the United States, appoint a
Director to be paid at a rate not to exceed the rate of basic
pay payable for level V of the Executive Schedule.
(b) Appointment and Pay of Employees.--
(1) In general.--(A) The Director may appoint not more than
four additional employees to serve as staff to the Council
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service.
(B) The employees appointed under subparagraph (A) may be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, but shall not
be paid a rate that exceeds the maximum rate of basic pay
payable for GS-15 of the General Schedule.
(2) Additional employees.--The Director may appoint
additional employees to serve as staff of the Council
consistent with title 5, United States Code.
(c) Experts and Consultants.--The Council may procure
temporary and intermittent services under section 3019(b) of
title 5, United States Code.
(d) Staff of Federal Agencies.--Upon the request of the
Council, the head of any department or agency of the United
States may detail any of the personnel of such department or
agency to the Council to assist the Council in its duties
under this part.
SEC. 219. OPPORTUNITY-TO-LEARN DEVELOPMENT GRANT.
(a) Opportunity-to-Learn Development Grant.--
(1) In general.--The Secretary is authorized to award more
than one grant, on a competitive basis, to consortia of
individuals and organizations to develop voluntary national
opportunity-to-learn standards consistent with the provisions
of section 213(c), and to develop a listing of model programs
for use, on a voluntary basis, by States, which standards and
listing may be used to--
(A) provide all students with an opportunity to learn;
(B) assess the capacity and performance of individual
schools; and
(C) develop appropriate actions to be taken in the event
that the schools fail to achieve such standards.
(2) Composition of consortia.--To the extent possible, each
consortium shall include the participation of--
(A) State-level policymakers, such as Governors, State
legislators, chief State school officers, and State school
board members;
(B) local policymakers and administrators, such as local
school board members, superintendents, and principals;
(C) teachers (especially teachers involved in the
development of content standards) and related services
personnel;
(D) parents and individuals with experience in promoting
parental involvement in education;
(E) representatives of business;
(F) experts in vocational-technical education;
(G) representatives of regional accrediting associations;
(H) individuals with expertise in school finance and
equity, the education of at-risk students, and the
preparation and training of teachers and school
administrators;
(I) curriculum and school reform experts;
(J) representatives of advocacy groups, including student
and civil rights advocacy groups;
(K) representatives of higher education; and
(L) secondary school students.
(3) Duties of consortia.--In developing voluntary national
opportunity-to-learn standards, each consortium shall--
(A) draw upon current research about student achievement
and the necessary conditions for effective teaching and
learning; and
(B) provide for the development of more than one draft of
standards which incorporate the comments and recommendations
of educators and other knowledgeable individuals across the
Nation.
(4) Expertise or background.--One-third of the members of
each consortium shall consist of individuals with expertise
or background in the educational needs and assessment of
children who are from low-income families, are from minority
backgrounds, have limited-English proficiency, or have
disabilities.
(5) Geographic representation.--The membership of each
consortium shall be geographically representative and reflect
the racial, ethnic, and gender diversity of the United
States.
[[Page 329]]
(b) Applications.--
(1) Grants for consortium.--Each consortium that desires to
receive a grant under this subsection shall submit an
application to the Secretary at such time, in such manner,
and containing such information and assurances as the
Secretary may require.
(2) Award consideration.--In establishing additional
priorities and selection criteria for awarding more than one
grant, the Secretary shall give serious consideration to the
recommendations made by the Council pursuant to section
213(c)(4)(A).
(c) Report.--After the development of the voluntary
national opportunity-to-learn standards, each consortium
receiving assistance under this section shall submit a report
to the Secretary which discusses the background, important
issues, and rationale regarding such standards.
SEC. 220. ASSESSMENT DEVELOPMENT AND EVALUATION GRANTS.
(a) Grants Authorized.--
(1) In general.--The Secretary is authorized to make grants
to State and local educational agencies or consortia of such
agencies to help defray the cost of developing, field
testing, and evaluating State assessments to be used for some
or all of the purposes indicated in section 213(f)(1)(B),
that are aligned to State content standards certified by the
Council.
(2) Reservation.--The Secretary shall reserve a portion of
the funds authorized under section 241(d) for grants to State
educational agencies and local educational agencies for
purposes of developing such assessments in languages other
than English and for students with disabilities.
(b) Applications.--Each State or local educational agency,
or consortium, that desires to receive a grant under
subsection (a)(1) shall submit an application to the
Secretary at such time, in such manner, and containing such
information and assurances as the Secretary may require.
(c) Requirements.--
(1) In general.--A recipient of a grant under this section
shall--
(A) examine the validity and reliability of the State
assessment for the particular purposes for which such
assessment was developed;
(B) ensure that the State assessment is consistent with
relevant, nationally recognized professional and technical
standards for assessments; and
(C) devote special attention to how a State assessment
treats all students, especially with regard to the race,
gender, ethnicity, disability, and language proficiency of
such students.
(2) Use.--A State assessment developed and evaluated with
funds under this section may not be used for decisions about
individual students relating to program placement, promotion,
or retention, graduation, or employment for a period of 5
years from the date of enactment of this Act.
SEC. 221. EVALUATION.
(a) Grant.--From funds reserved under section 304(a)(2)(C),
the Secretary shall make a grant, in an amount not to exceed
$500,000, to the National Academy of Sciences or the National
Academy of Education to--
(1) evaluate--
(A) the technical quality of the work performed by the
Goals Panel and the Council;
(B) the process the Council uses to develop criteria for
certification of standards and assessments;
(C) the process the Council uses to certify voluntary
national standards as well as standards and assessments
voluntarily submitted by States; and
(D) the process the Goals Panel uses to approve
certification criteria and voluntary national standards;
(2) periodically provide to the Goals Panel and the
Council, as appropriate, information from the evaluation
under paragraph (1); and
(3) report on the activities authorized under sections 219
and 220.
(b) Report.--The recipient of a grant under this section
shall submit a final report to the Congress, the Secretary,
and the public regarding the activities assisted under this
section not later than January 1, 1998.
PART C--LEADERSHIP IN EDUCATIONAL TECHNOLOGY
SEC. 231. PURPOSES.
It is the purpose of this part to promote achievement of
the National Education Goals and--
(1) to provide leadership at the Federal level, through the
Department of Education, by developing a national vision and
strategy--
(A) to infuse technology and technology planning into all
educational programs and training functions carried out
within school systems at the State and local level;
(B) to coordinate educational technology activities among
the related Federal and State departments or agencies,
industry leaders, and interested educational and parental
organizations;
(C) to establish working guidelines to ensure maximum
interoperability nationwide and ease of access for the
emerging technologies so that no school system will be
excluded from the technological revolution; and
(D) to ensure that Federal technology-related policies and
programs facilitate the use of technology in education;
(2) to promote awareness of the potential of technology for
improving teaching and learning;
(3) to support State and local efforts to increase the
effective use of technology for education;
(4) to demonstrate ways in which technology can be used to
improve teaching and learning, and to help ensure that all
students have an equal opportunity to meet State education
standards;
(5) to ensure the availability and dissemination of
knowledge (drawn from research and experience) that can form
the basis for sound State and local decisions about
investment in, and effective uses of, educational technology;
(6) to promote high-quality professional development
opportunities for teachers and administrators regarding the
integration of technology into instruction and
administration;
(7) to promote the effective uses of technology in existing
Federal education programs, such as chapter 1 of title I of
the Elementary and Secondary Education Act of 1965 and
vocational education programs; and
(8) to monitor, advancements in technology to encourage the
development of effective educational uses of technology.
SEC. 232. FEDERAL LEADERSHIP.
(a) Activities Authorized.--
(1) In general.--In order to provide Federal leadership
that promotes higher student achievement through the use of
technology in education and to achieve the purposes of this
part, the Secretary, in consultation with the Office of
Science and Technology Policy, the National Science
Foundation, the Department of Commerce, the Department of
Energy, the National Aeronautics and Space Administration,
and other appropriate Federal departments or agencies, may
carry out activities designed to achieve the purposes of this
part.
(2) Transfer of funds.--For the purpose of carrying out
coordinated or joint activities to achieve the purposes of
this part, the Secretary may accept funds from other Federal
departments or agencies.
(b) National Long-Range Technology Plan.--
(1) In general.--The Secretary shall develop and publish
within 12 months of the date of enactment of this Act, and
update when the Secretary determines appropriate, a national
long-range plan that supports the overall national technology
policy and carries out the purposes of this part.
(2) Plan requirements.--The Secretary shall--
(A) develop the national long-range plan in consultation
with other Federal departments or agencies, State and local
education practitioners and policymakers, experts in
technology and the educational applications of technology,
representatives of distance learning consortia,
representatives of telecommunications partnerships receiving
assistance under the Star Schools Program Assistance Act, and
providers of technology services and products;
(B) transmit such plan to the President and to the
appropriate committees of the Congress; and
(C) publish such plan in a form that is readily accessible
to the public.
(3) Contents of the plan.--The national long-range plan
shall describe the Secretary's activities to promote the
purposes of this part, including--
(A) how the Secretary will encourage the effective use of
technology to provide all students the opportunity to achieve
State content standards and State student performance
standards, especially through programs administered by the
Department of Education;
(B) joint activities in support of the overall national
technology policy with other Federal departments or agencies,
such as the Office of Science and Technology Policy, the
National Endowment for the Humanities, the National Endowment
for the Arts, the National Aeronautics and Space
Administration, the National Science Foundation, and the
Departments of Commerce, Energy, Health and Human Services,
and Labor--
(i) to promote the use of technology in education, and
training and lifelong learning, including plans for the
educational uses of a national information infrastructure;
and
(ii) to ensure that the policies and programs of such
departments or agencies facilitate the use of technology for
educational purposes, to the extent feasible;
(C) how the Secretary will work with educators, State and
local educational agencies, and appropriate representatives
of the private sector to facilitate the effective use of
technology in education;
(D) how the Secretary will promote--
(i) higher achievement of all students through the
integration of technology into the curriculum;
(ii) increased access to the benefits of technology for
teaching and learning for schools with a high concentration
of children from low-income families;
(iii) the use of technology to assist in the implementation
of State systemic reform strategies;
(iv) the application of technological advances to use in
education; and
(v) increased opportunities for the professional
development of teachers in the use of new technologies;
(E) how the Secretary will determine, in consultation with
appropriate individuals, organizations, industries, and
agencies, the feasibility and desirability of establishing
guidelines to facilitate an easy exchange of data and
effective use of technology in education;
(F) how the Secretary will utilize the outcome of the
evaluation undertaken pursuant to section 908 of the Star
Schools Program Assistance Act to promote the purposes of
this part; and
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(G) the Secretary's long-range measurable goals and
objectives relating to the purposes of this part.
(c) Assistance.--The Secretary shall provide assistance to
the States to enable such States to plan effectively for the
use of technology in all schools throughout the State in
accordance with the purpose and requirements of section 317.
SEC. 233. OFFICE OF EDUCATIONAL TECHNOLOGY.
(a) Amendment to the Department of Education Organization
Act.--Title II of the Department of Education Organization
Act (20 U.S.C. 3411 et seq.) is amended by adding at the end
the following new section:
``office of educational technology
``Sec. 216. (a) There shall be in the Department of
Education an Office of Educational Technology (hereafter in
this section referred to as the `Office'), to be administered
by the Director of Educational Technology. The Director of
Educational Technology shall report directly to the Secretary
and shall perform such additional functions as the Secretary
may prescribe.
``(b) The Director of the Office of Educational Technology
(hereafter in this section referred to as the `Director'),
through the Office, shall--
``(1) in support of the overall national technology policy
and in consultation with other Federal departments or
agencies which the Director determines appropriate, provide
leadership to the Nation in the use of technology to promote
achievement of the National Education Goals and to increase
opportunities for all students to achieve State content and
challenging State student performance standards;
``(2) review all programs and training functions
administered by the Department and recommend policies in
order to promote increased use of technology and technology
planning throughout all such programs and functions;
``(3) review all relevant programs supported by the
Department to ensure that such programs are coordinated with
and support the national long-range technology plan developed
pursuant to section 232(b) of the Goals 2000: Educate America
Act; and
``(4) perform such additional functions as the Secretary
may require.
``(c) The Director is authorized to select, appoint, and
employ such officers and employees as may be necessary to
carry out the functions of the Office, subject to the
provisions of title 5, United States Code (governing
appointments in the competitive service), and the provisions
of chapter 51 and subchapter III of chapter 53 of such title
(relating to classification and General Schedule pay rates).
``(d) The Secretary may obtain the services of experts and
consultants in accordance with section 3109 of title 5,
United States Code.''.
(b) Compensation of the director.--Section 5315 of title 5,
United States Code, is amended by adding at the end the
following:
``Director of the Office of Educational Technology.''.
SEC. 234. USES OF FUNDS.
(a) In General.--The Secretary shall use funds appropriated
pursuant to the authority of section 241(d) for activities
designed to carry out the purpose of this part, including--
(1) providing assistance to technical assistance providers
to enable such providers to improve substantially the
services such providers offer to educators regarding the
educational uses of technology, including professional
development;
(2) consulting with representatives of industry, elementary
and secondary education, higher education, and appropriate
experts in technology and the educational applications of
technology, in carrying out the activities assisted under
this part;
(3) research on, and the development of, guidelines to
facilitate maximum interoperability, efficiency and easy
exchange of data for effective use of technology in
education;
(4) research on, and the development of, educational
applications of the most advanced and newly emerging
technologies;
(5) the development, demonstration, and evaluation of
applications of existing technology in preschool education,
elementary and secondary education, training and lifelong
learning, and professional development of educational
personnel;
(6) the development and evaluation of software and other
products, including multimedia television programming, that
incorporate advances in technology and help achieve the
National Education Goals and State content standards and
State student performance standards;
(7) the development, demonstration, and evaluation of model
strategies for preparing teachers and other personnel to use
technology effectively to improve teaching and learning;
(8) the development of model programs that demonstrate the
educational effectiveness of technology in urban and rural
areas and economically distressed communities;
(9) research on, and the evaluation of, the effectiveness
and benefits of technology in education, giving priority to
research on, and evaluation of, such effectiveness and
benefits in elementary and secondary schools;
(10) a biennial assessment of, and report to the public
regarding, the uses of technology in elementary and secondary
education throughout the United States upon which private
businesses and Federal, State, and local governments may rely
for decisionmaking about the need for, and provision of,
appropriate technologies in schools, by using, to the extent
possible, existing information and resources;
(11) conferences on, and dissemination of information
regarding, the uses of technology in education;
(12) the development of model strategies to promote gender
equity in the use of technology;
(13) encouraging collaboration between the Department of
Education and other Federal departments and agencies in the
development, implementation, evaluation and funding of
applications of technology for education, as appropriate; and
(14) such other activities as the Secretary determines meet
the purposes of this part.
(b) Special Rules.--
(1) In general.--The Secretary shall carry out the
activities described in subsection (a) directly or by grant
or contract.
(2) Grants and contracts.--Each grant or contract under
this part shall be awarded--
(A) on a competitive basis; and
(B) pursuant to a peer review process.
SEC. 235. NON-FEDERAL SHARE.
(a) In General.--Subject to subsections (b) and (c), the
Secretary may require any recipient of a grant or contract
under this part to share in the cost of the activities
assisted under such grant or contract, which non-Federal
share shall be announced through a notice in the Federal
Register and may be in the form of cash or in-kind
contributions, fairly valued.
(b) Increase.--The Secretary may increase the non-Federal
share that is required of a recipient of a grant or contract
under this part after the first year such recipient receives
funds under such grant or contract.
(c) Maximum.--The non-Federal share required under this
section shall not exceed 50 percent of the cost of the
activities assisted pursuant to a grant or contract under
this part.
SEC. 236. OFFICE OF TRAINING TECHNOLOGY TRANSFER.
(a) Transfer.--
(1) In general.--The Office of Training Technology Transfer
as established under section 6103 of the Training Technology
Transfer Act of 1988 (20 U.S.C. 5093) is transferred to and
established in the Office of Educational Technology.
(2) Technical amendment.--The first sentence of section
6103(a) of the Training Technology Transfer Act of 1988 (20
U.S.C. 5093(a)) is amended by striking ``Office of
Educational Research and Improvement'' and inserting ``Office
of Educational Technology''.
PART D--AUTHORIZATION OF APPROPRIATIONS
SEC. 241. AUTHORIZATION OF APPROPRIATIONS.
(a) National Education Goals Panel.--There are authorized
to be appropriated $3,000,000 for fiscal year 1994, and such
sums as may be necessary for each of the four succeeding
fiscal years, to carry out part A of this title.
(b) National Education Standards and Improvement Council.--
There are authorized to be appropriated $3,000,000 for fiscal
year 1994, and such sums as may be necessary for each of the
fiscal years 1995 through 1998, to carry out part B of this
title.
(c) Opportunity-To-Learn Development Grants.--There are
authorized to be appropriated $2,000,000 for fiscal year
1994, and such sums as may be necessary for fiscal year 1995,
to carry out section 219.
(d) Assessment Development and Evaluation Grants.--There
are authorized to be appropriated $5,000,000 for fiscal year
1994, and such sums as may be necessary for each of the 4
succeeding fiscal years, to carry out section 220.
TITLE III--STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT
SEC. 301. FINDINGS.
The Congress finds that--
(1) all students can learn and achieve to high standards
and must realize their potential if the United States is to
prosper;
(2) the reforms in education from 1977 through 1992 have
achieved some good results, but such reform efforts often
have been limited to a few schools or to a single part of the
educational system;
(3) leadership must come from teachers, related services
personnel, principals, and parents in individual schools, and
from policymakers at the local, State, tribal, and national
levels, in order for lasting improvements in student
performance to occur;
(4) simultaneous top-down and bottom-up education reform is
necessary to spur creative and innovative approaches by
individual schools to help all students achieve
internationally competitive standards;
(5) strategies must be developed by communities and States
to support the revitalization of all local public schools by
fundamentally changing the entire system of public education
through comprehensive, coherent, and coordinated improvement
in order to increase student learning;
(6) parents, teachers, and other local educators, and
business, community, and tribal leaders must be involved in
developing systemwide improvement strategies that reflect the
needs of their individual communities;
(7) State and local education improvement efforts must
incorporate strategies for providing all students and
families with coordinated access to appropriate social
services, health care, nutrition, and early childhood
education, and child care to remove preventable barriers to
learning and enhance school readiness for all students;
(8) States and local educational agencies, working
together, must immediately set
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about developing and implementing such systemwide improvement
strategies if our Nation is to educate all children to meet
their full potential and achieve the National Education Goals
described in title I;
(9) State and local systemic improvement strategies must
provide all students with effective mechanisms and
appropriate paths to the work force as well as to higher
education;
(10) businesses should be encouraged--
(A) to enter into partnerships with schools;
(B) to provide information and guidance to schools based on
the needs of area businesses for properly educated graduates
in general and on the need for particular workplace skills
that the schools may provide;
(C) to provide necessary education and training materials
and support; and
(D) to continue the lifelong learning process throughout
the employment years of an individual;
(11) schools should provide information to businesses
regarding how the business community can assist schools in
meeting the purposes of this Act;
(12) institutions of higher education should be encouraged
to enter into partnerships with schools to provide
information and guidance to schools on the skills and
knowledge graduates need in order to enter and successfully
complete postsecondary education, and schools should provide
information and guidance to institutions of higher education
on the skills, knowledge, and preservice training teachers
need, and the types of professional development educators
need in order to meet the purposes of this Act;
(13) the appropriate and innovative use of technology,
including distance learning, can be very effective in helping
to provide all students with the opportunity to learn and
meet high standards;
(14) Federal funds should be targeted to support State and
local initiatives, and to leverage State and local resources
for designing and implementing systemwide education
improvement plans;
(15) all students are entitled to participate in a broad
and challenging curriculum and to have access to resources
sufficient to address other education needs; and
(16) quality education management services are being
utilized by local educational agencies and schools through
contractual agreements among local educational agencies or
schools and businesses providing quality education management
services.
SEC. 302. PURPOSE.
(a) Purpose.--It is the purpose of this title to improve
the quality of education for all students by improving
student learning through a long-term, broad-based effort to
promote coherent and coordinated improvements in the system
of education throughout the Nation at the State and local
levels.
(b) Congressional Intent.--This title provides new
authorities and funding for the Nation's school systems
without replacing or reducing funding for existing Federal
education programs. It is the intention of the Congress that
no State or local educational agency will reduce its funding
for education or for education reform on account of receiving
any funds under this title.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $400,000,000 for
the fiscal year 1994, and such sums as may be necessary for
each of the fiscal years 1995 through 1998, to carry out this
title.
SEC. 304. ALLOTMENT OF FUNDS.
(a) Reservations of Funds.--From funds appropriated under
section 303, the Secretary--
(1) shall reserve a total of one percent to provide
assistance, in amounts determined by the Secretary--
(A) to the outlying areas;
(B) to the Secretary of the Interior to benefit Indian
students in schools operated or funded by the Bureau; and
(C) to the Alaska Federation of Natives in cooperation with
the Alaska Native Education Council to benefit Alaska Native
students; and
(2) may reserve a total of not more than 5 percent for--
(A) national leadership activities under sections 313 and
314;
(B) the costs of peer review of State improvement plans and
applications under this title; and
(C) evaluation activities under section 221.
(b) State Allotments.--From the amount appropriated under
section 303 and not reserved under subsection (a) in each
fiscal year the Secretary shall make allotments to State
educational agencies as follows:
(1) 50 percent of such amount shall be allocated in
accordance with the relative amounts each State would have
received under chapter 1 of title I of the Elementary and
Secondary Education Act of 1965 for the preceding fiscal year
if funds under such chapter in such preceding fiscal year
were not reserved for the outlying areas.
(2) 50 percent of such amount shall be allocated in
accordance with the relative amounts each State would have
received under part A of chapter 2 of title I of the
Elementary and Secondary Education Act of 1965 for the
preceding fiscal year if funds under such chapter in such
preceding fiscal year were not reserved for the outlying
areas.
(c) Reallotments.--If the Secretary determines that any
amount of a State educational agency's allotment for any
fiscal year under subsection (b) will not be needed for such
fiscal year by the State, the Secretary shall reallot such
amount to other State educational agencies that need
additional funds, in such manner as the Secretary determines
is appropriate.
(d) Maintenance of Effort.--Each recipient of funds under
this title, in utilizing the proceeds of an allotment
received under this title, shall maintain the expenditures of
such recipient for the activities assisted under this title
at a level equal to not less than the level of such
expenditures maintained by such recipient for the fiscal year
preceding the fiscal year for which such allotment is
received, except that the Secretary may reduce, temporarily
or permanently, the level of expenditures required by this
subsection if the Secretary determines that such recipient
has justifiable reasons for a reduction in the level of
expenditures required by this subsection.
SEC. 305. STATE APPLICATIONS.
(a) Application.--
(1) In general.--Each State educational agency that desires
to receive an allotment under this title shall submit an
application to the Secretary at such time and in such manner
as the Secretary may determine.
(2) Additional information.--In addition to the information
described in subsections (b) and (c), each such application
shall include--
(A) an assurance that the State educational agency will
cooperate with the Secretary in carrying out the Secretary's
responsibilities under section 312, and will comply with
reasonable requests of the Secretary for data related to the
State's progress in developing and implementing its State
improvement plan under this section 306;
(B) an assurance that State law provides adequate authority
to carry out each component of the State's improvement plan
developed, or to be developed under section 306, or that such
authority will be sought;
(C) an assurance that the State content standards and State
student performance standards developed for student
achievement are not less rigorous than such standards used
prior to the date of enactment of this Act;
(D) an assurance that the State will provide for broad
public participation in the planning process; and
(E) such other assurances and information as the Secretary
may require.
(b) First Year.--A State educational agency's application
for the first year of assistance under this title shall--
(1) describe the process by which the State educational
agency will develop a State improvement plan that meets the
requirements of section 306; and
(2) describe how the State educational agency will use
funds received under this title for such year, including how
such agency will make subgrants to local educational agencies
in accordance with section 309(a), and how such agency will
use funds received under this title for education preservice
programs and professional development activities in
accordance with section 309(b).
(c) Subsequent Years.--A State educational agency's
application for the second year of assistance under this
title shall--
(1) cover the second through fifth years of the State's
participation;
(2) include a copy of the State's improvement plan that
meets the requirements of section 306, or if the State
improvement plan is not complete, a statement of the steps
the State will take to complete the plan and a schedule for
doing so; and
(3) include an explanation of how the State educational
agency will use funds received under this title, including
how such agency will make subgrants to local educational
agencies in accordance with section 309(a), and how such
agency will use such funds received under this title for
education preservice programs and professional development
activities in accordance with section 309(b).
SEC. 306. STATE IMPROVEMENT PLANS.
(a) Basic Scope of Plan.--Except as provided in section
305(c)(2) and consistent with the requirements of this
section, any State educational agency that wishes to receive
an allotment under this title after its first year of
participation shall develop and implement a State improvement
plan for the improvement of elementary and secondary
education in the State.
(b) Plan Development.--
(1) In general.--A State improvement plan under this title
shall be developed by a broad-based State panel in
cooperation with the State educational agency and the
Governor. The panel shall include--
(A) the Governor and the chief State school officer, or
their designees;
(B) the chairperson of the State board of education and the
chairpersons of the appropriate authorizing committees of the
State legislature, or their designees;
(C) teachers, principals, and administrators who have
successfully improved student performance, and deans or
senior administrators of a college, school, or department of
education; and
(D) representatives of teacher's organizations, parents,
secondary school students, institutions of higher education,
business and labor leaders, community-based organizations of
demonstrated effectiveness, organizations serving young
children, local boards of education, State and local
officials responsible for health, social, and other related
services, private schools in which students or teachers
participate in Federal education programs, and, as
appropriate, Indian tribes and others;
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(E) representatives from rural and urban local educational
agencies in the State, as appropriate; and
(F) experts in educational measurement and assessment.
(2) Appointment.--The Governor and the chief State school
officer shall each appoint half the members of the panel and
shall jointly select the Chairperson of the panel and the
representative of private schools described in paragraph
(1)(D).
(3) Representation.--(A) To the extent feasible, the
membership of the panel shall be geographically
representative of the State and reflect the diversity of the
population of the State with regard to race, ethnicity,
gender, and disability characteristics.
(B) The membership of the panel shall be composed so that
the minimum total number of members of the panel with
expertise or background in the educational needs or
assessments of children from low-income families, children
with minority backgrounds, children with limited-English
proficiency, or children with disabilities, serving on the
panel--
(i) bears the same relation to the total number of members
serving on the panel as the total number of all such children
in the State bears to the total number of all children in the
State; or
(ii) is at least one-third of the number of members of the
panel,
whichever is less.
(4) Consultation.--The panel shall consult the Governor,
the chief State school officer, the State board of education,
and relevant committees of the State legislature in
developing the State improvement plan.
(5) Outreach.--The panel shall be responsible for
conducting a statewide, grassroots outreach process,
including conducting public hearings, to involve educators,
related services personnel, parents, local officials, tribal
government officials as appropriate, individuals representing
private nonprofit elementary and secondary schools, community
and business leaders, citizens, children's advocates,
secondary school students, and others with a stake in the
success of students and their education system, and who are
representative of the diversity of the State and the State's
student population, including, students of limited-English
proficiency, students with disabilities, and, as appropriate,
American Indian, Alaska Native, and Native Hawaiian students,
in the development of the State improvement plan and in a
continuing dialogue regarding the need for and nature of
standards for students and local and State responsibilities
for helping all students achieve such standards in order to
assure that the development and implementation of the State
improvement plan reflects local needs and experiences and
does not result in a significant increase in paperwork for
teachers.
(6) Procedure and approval.--The panel shall develop a
State improvement plan, provide opportunity for public
comment, and submit such plan to the State educational agency
for approval.
(7) Submission.--The State educational agency shall submit
the original State improvement plan developed by the panel
and the State improvement plan if modified by such agency,
together with an explanation of any changes made by such
agency to the plan developed by the panel, to the Secretary
for approval.
(8) Matters not under the jurisdiction of the state
educational agency.--If any portion of a State improvement
plan addresses matters that, under State or other applicable
law, are not under the authority of the State educational
agency, the State educational agency shall obtain the
approval of, or changes to, such portion, with an explanation
thereof, from the Governor or other official responsible for
that portion before submitting such plan to the Secretary.
(9) Monitoring; revisions; reporting.--After approval of
the State improvement plan by the Secretary, the panel shall
be informed of progress on such plan by the State educational
agency, and such agency, in close consultation with teachers,
principals, administrators, advocates and parents in local
educational agencies and schools receiving funds under this
title, shall monitor the implementation and operation of such
plan. The panel shall review such plan, and based on the
progress described in the preceding sentence, determine if
revisions to such plan are appropriate and necessary. The
panel shall periodically report such determination to the
public.
(c) Teaching, Learning, Standards, and Assessments.--Each
State educational agency, with broad-based classroom teacher
input, shall establish and include in its State improvement
plan strategies for meeting the National Education Goals by
improving teaching and learning and students' mastery of
basic and advanced skills in core content areas, such as
English, mathematics, science (including physics), history,
geography, foreign languages, the arts, civics and
government, and economics. Such strategies--
(1) shall include--
(A) a process for developing or adopting State content
standards and State student performance standards for all
students, which process shall include coordinating the
standards developed pursuant to section 115 of the Carl D.
Perkins Vocational and Applied Technology Education Act;
(B) a process for developing and implementing valid,
nondiscriminatory, and reliable State assessments--
(i) which assessments shall--
(I) be aligned with such State's content standards;
(II) involve multiple measures of student performance;
(III) provide for--
(aa) the participation in such assessments of all students
with diverse learning needs; and
(bb) the adaptations and accommodations necessary to permit
such participation;
(IV) be consistent with relevant, nationally recognized
professional and technical standards for such assessments;
(V) be capable of providing coherent information about
student attainments relative to the State content standards;
and
(VI) support effective curriculum and instruction; and
(ii) which process shall provide for monitoring the
implementation of such assessments and the impact of such
assessments on improved instruction for all students;
(C) a process for aligning State or local curricula,
instructional materials, and State assessments with the State
content standards and State student performance standards;
and
(D) a process for familiarizing teachers with the State
content standards and State student performance standards and
developing the capability of teachers to provide high quality
instruction within the content areas described in the matter
preceding paragraph (1) of this subsection;
(2) may include strategies such as--
(A) a process for providing assistance and support to local
educational agencies and schools to strengthen the capacity
of such agencies and schools to provide all students the
opportunity to increase educational achievement and meet
State content standards and State student performance
standards;
(B) assessing the effectiveness and equity of the school
finance program of the State to identify disparities in the
resources available to each local educational agency and
school in such State and how such disparities affect the
ability of the State educational agency and local educational
agencies to develop and implement plans under this title;
(C) a process for developing, selecting, or recommending
instructional materials, including gender equitable and
multicultural materials, and technology to support and assist
local educational agencies and schools to provide all
students the opportunity to meet State content standards and
State student performance standards;
(D) a process for providing appropriate and effective
professional development, including the use of technology,
distance learning, and gender-equitable methods, necessary
for teachers, school administrators, and others to help all
students meet State content standards and State student
performance standards; and
(E) a process for improving the State's system of teacher
and school administrator preparation and licensure, and of
continuing professional development programs, including the
use of technology at both the State and local levels, so that
all teachers, related services personnel, and administrators
develop the subject matter and pedagogical expertise needed
to prepare all students to meet State content standards and
State student performance standards.
(d) Opportunity-to-Learn Standards and Strategies.--
(1) In general.--Each State improvement plan shall
establish standards or strategies for providing all students
with an opportunity to learn. Such standards or strategies
shall include such factors as the State deems appropriate to
ensure that all students receive a fair opportunity to
achieve the knowledge and skills as described in State
content standards and State student performance standards
adopted by the State.
(2) Implementation.--Notwithstanding any other provision of
this Act, the implementation of opportunity-to-learn
standards or strategies shall be voluntary on the part of the
States, local educational agencies, and schools.
(3) Construction.--Nothing in this section shall be
construed to--
(A) mandate equalized spending per pupil for a State, local
educational agency, or school; or
(B) mandate national school building standards for a State,
local educational agency, or school.
(e) Governance, Accountability and Management.--Each State
improvement plan shall establish strategies for improved
governance, accountability and management of the State's
education system, such as--
(1) aligning responsibility, authority, and accountability
throughout the education system, so that decisions regarding
the means for achieving State content standards and State
student performance standards are made closest to the
learners; and
(2) creating an integrated and coherent approach to
recruiting, retaining and supporting the continued
professional development of teachers (including vocational
teachers), and other educators, giving special attention to
the recruitment into and retention of qualified minorities in
the education profession;
(f) Parental and Community Support and Involvement.--Each
State improvement plan shall describe strategies for how the
State educational agency will involve parents and other
community representatives in planning, designing, and
implementing the State improvement plan, including strategies
such as--
(1) focusing public and private community resources and
public school resources on prevention and early intervention
to address the needs of all students by identifying and
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removing unnecessary regulations and obstacles to
coordination; and
(2) increasing the access of all students to social
services, health care, nutrition, related services, and child
care services, and locating such services in schools,
cooperating service agencies, community-based centers, or
other convenient sites designed to provide ``one-stop
shopping'' for parents and students.
(g) Making the Improvements Systemwide.--To help provide
all students throughout the State the opportunity to meet
State standards, each State improvement plan shall describe
strategies, such as strategies that--
(1) provide for the availability of curricular materials,
learning technologies, including distance learning, and
professional development in a manner that ensures equal
access by all local educational agencies in the State; and
(2) develop partnerships with Indian tribes and schools
funded by the Bureau, where appropriate, to improve
consistency and compatibility in curriculum among public
elementary and secondary schools, and such schools funded by
the Bureau at all grade levels.
(h) Promoting Bottom-Up Reform.--Each State improvement
plan shall include strategies for ensuring that
comprehensive, systemic reform is promoted from the bottom up
in communities, local educational agencies, and schools, as
well as guided by coordination and facilitation from State
leaders, including strategies such as--
(1) providing flexibility to individual schools and local
educational agencies to enable such schools and agencies to
adapt and integrate State content standards into courses of
study appropriate for individual schools and communities; and
(2) facilitating the provision of waivers from State rules
and regulations that impede the ability of local educational
agencies or schools to carry out local improvement plans.
(i) Dropout Strategies.--Each State improvement plan shall
include strategies for assisting local educational agencies
and schools to enable such agencies and schools--
(1) to meet the needs of school-aged children who have
dropped out of school;
(2) to bring such children into the education system; and
(3) to help such students meet State content standards and
State student performance standards.
(j) Coordination with School-to-Work Programs.--If a State
has received Federal assistance for the purpose of planning
for, expanding, or establishing a school-to-work program,
then a State shall include in the State improvement plan a
description of how such school-to-work program will be
incorporated into the school reform efforts of the State. In
particular, the State improvement plan shall include a
description of how secondary schools will be modified in
order to provide career guidance, the integration of academic
and vocational education, and work-based learning, if such
programs are proposed in the State's school-to-work plan.
(k) Benchmarks and Timelines.--Each State improvement plan
shall include specific benchmarks of improved student
performance and of progress in implementing such plan, and
timelines against which the progress of the State in carrying
out such plan, including the elements described in
subsections (c) through (j), can be measured.
(l) Coordinating Strategies.--Each State plan shall include
strategies for coordinating the integration of academic and
vocational instruction pursuant to the Carl D. Perkins
Vocational and Applied Technology Education Act.
(m) Program Improvement and Accountability.--Each State
improvement plan shall describe--
(1) how the State will monitor progress toward implementing
the State and local improvement plans; and
(2) procedures the State plans to use, consistent with
State law, to improve schools that are not meeting the State
content standards voluntarily adopted by the State within the
established timelines.
(n) Peer Review and Secretarial Approval.--
(1) In general.--(A) The Secretary shall review, within a
reasonable period of time, each State improvement plan
prepared under this section, and each application submitted
under section 305, through a peer review process involving
the assistance and advice of State and local education
policymakers, educators, classroom teachers, related services
personnel, experts on educational innovation and improvement,
parents, advocates, and other appropriate individuals. Such
peer review process shall be representative of the diversity
of the United States with regard to geography, race,
ethnicity, gender and disability characteristics. Such peer
review process shall include at least 1 site visit to each
State, except during the period when a State improvement plan
is being developed.
(B) Notwithstanding the provisions of subparagraph (A), in
the first year that a State educational agency submits an
application for development of a State improvement plan under
this title the Secretary shall not be required to--
(i) review such application through a peer review process;
and
(ii) conduct a site visit.
(2) Approval.--The Secretary shall approve a State
improvement plan if such plan is submitted to the Secretary
not later than 2 years after the date the State educational
agency receives its first allotment under section 304(b), and
when the Secretary determines, after considering the peer
reviewers' comment, that such plan--
(A) reflects a widespread commitment within the State;
(B) holds reasonable promise of helping all students to
achieve at the high levels called for by this Act;
(C) meets the requirements of subsections (a) through (k);
and
(D) allows local schools, local educational agencies and
communities the flexibility to implement local improvement
plans in a manner which reflects local needs and requirements
in order to promote a `bottom up' system of school reform.
(3) Disapproval.--The Secretary shall not disapprove a
State improvement plan, or any State application submitted
under section 305, before offering the State--
(A) an opportunity to revise such plan or application; and
(B) a hearing.
(o) Regular Review.--Each State improvement plan shall
include a process for periodically reviewing and updating any
State content standards, State student performance standards,
State opportunity-to-learn standards or strategies, and State
assessments.
(p) Amendments to Plan.--
(1) In general.--Each State educational agency shall
periodically review its State improvement plan and revise
such plan, as appropriate, in accordance with the process
described in subsection (b).
(2) Review.--The Secretary shall review any major amendment
to a State improvement plan and shall not disapprove any such
amendment before offering a State educational agency--
(A) an opportunity to revise such amendment; and
(B) a hearing.
(q) Preexisting State Plans and Panels.--
(1) In general.--If a State has developed a comprehensive
and systemic State improvement plan to help all students meet
State standards or any component of such plan, that meets the
intent and purposes of this section, then the Secretary may
approve such plan or component notwithstanding that such plan
was not developed in accordance with subsection (b) if the
Secretary determines that such approval would further the
purposes of State systemic education improvement; and
(2) Special rule.--(A) If, before the date of enactment of
this Act, a State has made substantial progress in developing
a plan that meets the intent and purposes of this section,
but was developed by a panel that does not meet the
requirements of paragraphs (1) through (3) of subsection (b),
the Secretary may, at the request of the Governor and the
State educational agency, treat such panel as meeting the
requirements of this title if the Secretary determines that
there has been statewide involvement of educators, parents,
students, advocacy groups, and other interested members of
the public in the development of the plan.
SEC. 307. SECRETARY'S REVIEW OF APPLICATIONS; PAYMENTS.
(a) First Year.--The Secretary shall approve the State
educational agency's first year application under section
305(b) if the Secretary determines that--
(1) such application meets the requirements of this title;
and
(2) there is a substantial likelihood that the second year
application of the State educational agency under section
305(c) will provide for the development and implementation of
a State improvement plan that complies with section 306.
(b) Second Through Fifth Years.--The Secretary shall
approve the State educational agency's second year
application under section 305(c)(1) for the second through
fifth years of participation only if--
(1)(A) the Secretary has approved the State improvement
plan under section 306(n); or
(B) the Secretary determines that the State has made
substantial progress in developing its State improvement plan
and will implement such plan not later than the end of the
second year of participation; and
(2) the application meets the other requirements of this
title.
(c) Payments.--For any fiscal year for which a State has an
approved application under this title, the Secretary shall
provide an allotment to the State educational agency in the
amount determined under section 304(b).
SEC. 308. STATE USE OF FUNDS.
(a) First Year.--In the first year for which a State
educational agency receives an allotment under this title,
such agency--
(1) if the amount made available under section 303 for such
year is equal to or greater than $50,000,000, shall use at
least 60 percent of such allotted funds to award subgrants--
(A) in accordance with section 309(a), to local educational
agencies for the development or implementation of local
improvement plans; and
(B) in accordance with section 309(b), to improve educator
preservice programs and for professional development
activities consistent with the State improvement plan;
(2) if the amount made available under section 303 for such
year is less than $50,000,000, may use such funds for the
subgrants described in paragraph (1); and
(3) shall use any such allotted funds not used in
accordance with paragraphs (1) and (2) to develop, revise,
expand, or implement a State improvement plan described in
section 306.
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(b) Succeeding Years.--Each State educational agency that
receives an allotment under this title for any year after the
first year of such agency receives assistance under this
title shall--
(1) use at least 90 percent of such allotment to make
subgrants--
(A) in accordance with section 309(a), to local educational
agencies for the implementation of the State improvement plan
and of local improvement plans; and
(B) in accordance with section 309(b), to improve educator
preservice programs and for professional development
activities that are consistent with the State improvement
plan; and
(2) use the remainder of such assistance for State
activities designed to implement its State improvement plan,
such as--
(A) supporting the development or adoption of State content
standards and State student performance standards, State
opportunity-to-learn standards, and State assessments linked
to such standards, including--
(i) through consortia of States; or
(ii) with the assistance of the National Education
Standards and Improvement Council established under part B of
title II;
(B) supporting the implementation of high-performance
management and organizational strategies, such as site-based
management, shared decisionmaking, or quality management
principles, to promote effective implementation of such plan;
(C) supporting the development and implementation, at the
local educational agency and school building level, of
improved human resource development systems for recruiting,
selecting, mentoring, supporting, evaluating and rewarding
educators;
(D) providing special attention to the needs of minority,
limited-English proficient, disabled, and female students,
including instructional programs and activities that
encourage such students in elementary and secondary schools
to aspire to enter and complete post-secondary education or
training;
(E) supporting innovative and proven methods of enhancing a
teacher's ability to identify student learning needs, and
motivating students to develop higher order thinking skills,
discipline, and creative resolution methods;
(F) supporting the development, at the State or local
level, of performance-based accountability and incentive
systems for schools;
(G) outreach to and training for parents, tribal officials,
organizations serving young children, classroom teachers,
related services personnel, and other educators, and the
public, related to education improvement;
(H) providing technical assistance and other services to
increase the capacity of local educational agencies and
schools to develop and implement systemic local improvement
plans, implement new State assessments, and develop curricula
consistent with the State content standards and State student
performance standards;
(I) promoting public magnet schools, public ``charter
schools'', and other mechanisms for increasing choice among
public schools, including information and referral programs
which provide parents with information on available choices;
(J) supporting activities relating to the planning of, and
evaluation of, projects under which local educational
agencies or schools contract with private management
organizations to reform a school;
(K) supporting intergenerational mentoring programs;
(L) supporting the development, at the State or local
level, of school-based programs that restore discipline and
reduce violence in schools and communities, such as community
mobilization programs; and
(M) collecting and analyzing data.
(c) Limit on Administrative Costs.--A State educational
agency that receives an allotment under this title in any
fiscal year shall use not more than 4 percent of such
allotment in such year, or $100,000, whichever is greater,
for administrative expenses, which administrative expenses
shall not include the expenses related to the activities of
the panel established under section 306(b)(1).
(d) Special Rule.--Any new public school established under
this title--
(1) shall be nonsectarian;
(2) shall not be affiliated with a nonpublic sectarian
school or religious institution; and
(3) shall operate under the authority of a State
educational agency or local educational agency.
SEC. 309. SUBGRANTS FOR LOCAL REFORM AND PROFESSIONAL
DEVELOPMENT.
(a) Subgrants to Local Educational Agencies.--
(1) In general.--(A) Each State educational agency shall
make subgrants, through a competitive process to carry out
the authorized activities described in paragraph (4), to
local educational agencies (or consortia of such agencies) in
accordance with section 308.
(B) In making such subgrants, the State educational agency
shall award not less than 1 subgrant in each fiscal year to
an urban local educational agency and not less than 1
subgrant in each fiscal year to a rural local educational
agency, where appropriate, except that this provision shall
not apply to the District of Columbia. An education service
agency may serve as a fiscal agent for a rural local
educational agency.
(C) Each such subgrant shall be for a project of sufficient
duration and of sufficient size, scope, and quality to carry
out the purpose of this title effectively.
(2) Application required.--(A) A local educational agency
desiring to receive a subgrant under this subsection for the
development of a local improvement plan shall submit an
application to the State educational agency. Such application
shall contain assurances that the local educational agency
intends to develop a local improvement plan that meets the
requirements of this section.
(B) A local educational agency only shall be eligible to
receive a subgrant under this subsection to develop a local
improvement plan for one fiscal year.
(3) Plan required.--Each local educational agency desiring
to receive a subgrant under this subsection to implement a
local improvement plan shall submit a local improvement plan
to the State educational agency. Each such plan shall--
(A) be developed by a broad-based panel that--
(i) is appointed by the local educational agency and is
representative of the diversity of students and community
with regard to race, language, ethnicity, gender, disability,
and socioeconomic characteristics and includes teachers,
parents, advocacy groups, school administrators, business
representatives, and others, as appropriate; and
(ii) shall, following the selection of its members,
establish the procedures regarding the operation of the
panel, including the designation of the chairperson;
(B) address districtwide education improvement, directed at
enabling all students to meet the State content standards and
State student performance standards, including specific goals
and benchmarks, reflect the priorities of the State
improvement plan (either approved or under development) and
include a strategy for--
(i) ensuring that all students have a fair opportunity to
learn;
(ii) improving teaching and learning;
(iii) improving governance and management;
(iv) generating, maintaining, and strengthening parental
and community involvement; and
(v) expanding improvements throughout the local educational
agency;
(C) promote the flexibility of local schools in developing
plans which address the particular needs of their school and
community and are consistent with the local improvement plan;
(D) describe a process of broad-based community
participation in the development, implementation, and
evaluation of the local improvement plan;
(E) describe how the local educational agency will
encourage and assist schools to develop and implement
comprehensive school improvement plans that--
(i) focus on helping all students reach State content
standards and State student performance standards; and
(ii) address relevant elements of the local improvement
plan of the local educational agency identified in
subparagraph (B);
(F) describe how the local educational agency will
implement specific programs aimed at ensuring improvements in
school readiness and the ability of students to learn
effectively at all grade levels by identifying the most
pressing needs facing students and their families with regard
to social services, health care, nutrition, and child care,
and entering into partnerships with public and private
nonprofit agencies to increase the access of students and
families to coordinated nonsectarian services in a school
setting or at a nearby site;
(G) describe how the subgrant funds will be used by the
local educational agency, and the procedures to be used to
make funds available to schools in accordance with paragraph
(6)(A);
(H) identify, with an explanation, any State or Federal
requirements that the local educational agency believes
impede educational improvement and that such agency requests
be waived in accordance with section 311, which requests
shall promptly be transmitted to the Secretary by the State
educational agency; and
(I) contain such other information as the State educational
agency may reasonably require.
(4) Submission.--A local educational agency which has
approved a local improvement plan shall submit such plan to
the State educational agency for approval together with a
description of modifications to such plan and any comments
from the local panel regarding such plan.
(5) Monitoring.--The panel described in paragraph (3)(A),
after approval of the local educational agency's application
by the State educational agency, shall be informed of
progress on such plan by the local educational agency, and
the local educational agency shall monitor the implementation
and effectiveness of the local improvement plan in close
consultation with teachers, related services personnel,
principals, administrators, community members, and parents
from schools receiving funds under this title, as well as
assure that implementation of the local improvement plan does
not result in a significant increase in paperwork for
teachers. The panel shall review such plan and based on the
progress described in the preceding sentence, determine if
revisions to the local improvement plan should be recommended
to the local educational agency. The panel shall periodically
report such determination to the public.
(6) Authorized activities.--(A) A local educational agency
that receives a subgrant under this subsection--
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(i) in the first year such agency receives the subgrant
shall use--
(I) not more than 25 percent of the subgrant funds to
develop a local improvement plan or for any local educational
agency activities approved by the State educational agency
that are reasonably related to carrying out the State or
local improvement plans, which may include the establishment
of innovative new public schools; and
(II) not less than 75 percent of the subgrant funds to
support individual school improvement initiatives related to
providing all students in the school the opportunity to meet
State content standards and State student performance
standards; and
(ii) in subsequent years, shall use subgrant funds for any
activities approved by the State educational agency which are
reasonably related to carrying out the State or local
improvement plans which may include the establishment of
innovative new public schools, except that at least 85
percent of such funds shall be made available to individual
schools to develop and implement comprehensive school
improvement plans which are designed to help all students
meet State content standards and State student performance
standards.
(B) At least 50 percent of the funds made available by a
local educational agency to individual schools under this
section in any fiscal year shall be made available to schools
with a special need for such assistance, as indicated by a
high number or percentage of students from low-income
families, low student achievement, or other similar criteria
developed by the local educational agency.
(C) A local educational agency may not use more than five
percent of the subgrant funds such agency receives in each
fiscal year under this title for administrative expenses.
(7) Special consideration.--The State educational agency
shall give special consideration in awarding a subgrant to--
(A) a consortium of local educational agencies; or
(B) a local educational agency that provides in the
application or local improvement plan described in paragraph
(2) or (3), respectively, that such subgrant funds will be
used to assist a consortium of schools that has developed a
plan for school improvement.
(b) Subgrants for Preservice Teacher Education and
Professional Development Activities.--
(1) In general.--(A) Each State educational agency shall
make subgrants, through a competitive, peer-reviewed process
to a local educational agency, or a consortium of local
educational agencies, in cooperation with institutions of
higher education, nonprofit organizations, or any combination
thereof, in accordance with section 308 to--
(i) improve preservice teacher education programs
consistent with the State improvement plan, including how to
work effectively with parents and the community; and
(ii) support continuing, sustained professional development
activities for educators and school administrators or related
services personnel working with educators which will increase
student learning in accordance with the State improvement
plan.
(B) Each State educational agency awarding subgrants under
subparagraph (A) shall give priority to awarding such
subgrants to--
(i) a local educational agency or consortium serving a
greater number or percentage of disadvantaged students than
the statewide average of such number or percentage;
(ii) a local educational agency or consortium that forms
partnerships with collegiate educators to establish
professional development sites; and
(iii) a local educational agency or consortium that--
(I) focuses on upgrading teachers' knowledge of content
areas; or
(II) targets preparation and continued professional
development of teachers of students with limited-English
proficiency and students with disabilities.
(2) Application.--Each local educational agency or
consortium that desires to receive a subgrant under this
subsection shall submit an application to the State
educational agency which--
(A) describes how the applicant will use the subgrant to
improve teacher preservice and school administrator education
programs or to implement educator professional development
activities consistent with the State improvement plan;
(B) identifies the criteria to be used by the applicant to
judge improvements in preservice education or the effects of
professional development activities consistent with the State
improvement plan; and
(C) contains any other information that the State
educational agency determines is appropriate.
(3) Required activities.--A recipient of a subgrant under
this subsection shall use the subgrant funds for activities
supporting--
(A) the improvement of preservice teacher education and
school administrator programs so that such programs equip
educators with the subject matter and pedagogical expertise
necessary for preparing all students to meet standards; or
(B) the development and implementation of new and improved
forms of continuing and sustained professional development
opportunities for teachers, principals, and other educators
at the school or district level that equip educators with
such expertise, and with other knowledge and skills necessary
for leading and participating in continuous education
improvement.
(4) Permissive activities.--A recipient of a subgrant under
this subsection may use the subgrant funds for costs related
to release time for teachers to participate in professional
development activities, which professional development shall
include related services personnel as appropriate.
(c) Special Award Rule.--
(1) In general.--Each State educational agency shall award
at least 50 percent of subgrant funds under subsection (a) in
each fiscal year to local educational agencies that have a
greater percentage or number of disadvantaged children than
the statewide average such percentage or number for all local
educational agencies in the State.
(2) Waiver.--The State educational agency may waive the
requirement of paragraph (1) if such agency does not receive
a sufficient number of applications to comply with such
requirement.
SEC. 310. AVAILABILITY OF INFORMATION AND TRAINING.
(a) Information and Training.--Proportionate to the number
of children in a State or in a local educational agency who
are enrolled in private elementary or secondary schools--
(1) a State educational agency or local educational agency
which uses funds under this title to develop goals, State
content standards or State student performance standards,
curricular materials, and State assessments shall, upon
request, make information related to such goals, standards,
materials, and assessments available to private schools; and
(2) a State educational agency or local educational agency
which uses funds under this title for teacher and
administrator training shall provide in the State improvement
plan described in section 306 for the training of teachers
and administrators in private schools located in the
geographical area served by such agency.
(b) Waiver.--If, by reason of any provision of law, a State
or local educational agency is prohibited from providing for
the equitable participation of teachers and administrators
from private schools in training programs assisted with
Federal funds provided under this title, or if the Secretary
determines that a State or local educational agency has
substantially failed or is unwilling to provide for such
participation, the Secretary shall waive such requirements
and shall arrange for the provision of training consistent
with State goals and State content standards for such
teachers and administrators. Such waivers shall be subject to
consultation, withholding, notice, and judicial review in
accordance with section 1017 of the Elementary and Secondary
Education Act of 1965.
SEC. 311. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.
(a) Waiver Authority.--
(1) In general.--Except as provided in subsection (c), the
Secretary may waive any statutory or regulatory requirement
applicable to any program or Act described in subsection (b)
for a State educational agency, local educational agency, or
school if--
(A) and only to the extent that, the Secretary determines
that such requirement impedes the ability of the State, or of
a local educational agency or school in the State, to carry
out the State or local improvement plan;
(B) the State educational agency has waived, or agrees to
waive, similar requirements of State law;
(C) in the case of a statewide waiver, the State
educational agency--
(i) provides all local educational agencies and parent
organizations in the State with notice and an opportunity to
comment on the State educational agency's proposal to seek a
waiver; and
(ii) submits the local educational agencies' comments to
the Secretary; and
(D) in the case of a local educational agency waiver, the
local educational agency provides parents, community groups,
and advocacy or civil rights groups with the opportunity to
comment on the proposed waiver.
(2) Application.--(A)(i) To request a waiver under
paragraph (1), a local educational agency or school that
receives funds under this title, or a local educational
agency or school that does not receive funds under this title
but is undertaking school reform efforts that the Secretary
determines are comparable to the activities described in
section 306, shall transmit an application for such a waiver
to the State educational agency. The State educational agency
then shall submit approved applications for waivers under
paragraph (1) to the Secretary.
(ii) A State educational agency that receives funds under
this title may request a waiver under paragraph (1) by
submitting an application for such waiver to the Secretary.
(B) Each application submitted to the Secretary under
subparagraph (A) shall--
(i) identify the statutory or regulatory requirements that
are requested to be waived and the goals that the State
educational agency or local educational agency or school
intends to achieve;
(ii) describe the action that the State educational agency
has undertaken to remove State statutory or regulatory
barriers identified in the application of local educational
agencies;
(iii) describe the goals of the waiver and the expected
programmatic results if the request is granted;
(iv) describe the numbers and types of students to be
impacted by such waiver;
(v) describe a timetable for implementing a waiver; and
(vi) describe the process the State educational agency will
use to monitor, on a bi-
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annual basis, the progress in implementing a waiver.
(3) Timeliness.--The Secretary shall act promptly on a
request for a waiver under paragraph (1) and shall provide a
written statement of the reasons for granting or denying such
request.
(4) Duration.--Each waiver under paragraph (1) shall be for
a period not to exceed 4 years. The Secretary may extend such
period if the Secretary determines that the waiver has been
effective in enabling the State or affected local educational
agencies to carry out reform plans.
(b) Included Programs.--The statutory or regulatory
requirements subject to the waiver authority of this section
are any such requirements under the following programs or
Acts:
(1) Chapter 1 of title I of the Elementary and Secondary
Education Act of 1965, including Even Start.
(2) Part A of chapter 2 of title I of the Elementary and
Secondary Education Act of 1965.
(3) The Dwight D. Eisenhower Mathematics and Science
Education Act.
(4) The Emergency Immigrant Education Act of 1984.
(5) The Drug-Free Schools and Communities Act of 1986.
(6) The Carl D. Perkins Vocational and Applied Technology
Education Act.
(c) Waivers Not Authorized.--The Secretary may not waive
any statutory or regulatory requirement of the programs or
Acts described in subsection (b)--
(1) relating to--
(A) maintenance of effort;
(B) comparability of services;
(C) the equitable participation of students and
professional staff in private schools;
(D) parental participation and involvement; and
(E) the distribution of funds to States or to local
educational agencies; and
(2) unless the underlying purposes of the statutory
requirements of each program or Act for which a waiver is
granted continue to be met to the satisfaction of the
Secretary.
(d) Termination of Waivers.--The Secretary shall
periodically review the performance of any State, local
educational agency, or school for which the Secretary has
granted a waiver under subsection (a)(1) and shall terminate
the waiver if the Secretary determines that the performance
of the State, the local educational agency, or the school in
the area affected by the waiver has been inadequate to
justify a continuation of the waiver.
(e) Flexibility Demonstration.--
(1) Short title.--This subsection may be cited as the
``Education Flexibility Partnership Demonstration Act''.
(2) Program authorized.--
(A) In general.--The Secretary may carry out an education
flexibility demonstration program under which the Secretary
authorizes not more than 6 State educational agencies serving
eligible States to waive statutory or regulatory requirements
applicable to 1 or more programs or Acts described in
subsection (b), other than requirements described in
subsection (c), for the State educational agency or any local
educational agency or school within the State.
(B) Award rule.--In carrying out subparagraph (A), the
Secretary shall select for participation in the demonstration
program described in subparagraph (A) three State educational
agencies serving eligible States that each have a population
of 3,500,000 or greater and three State educational agencies
serving eligible States that each have a population of less
than 3,500,000, determined in accordance with the most recent
decennial census of the population performed by the Bureau of
the Census.
(C) Designation.--Each eligible State participating in the
demonstration program described in subparagraph (A) shall be
known as an ``Ed-Flex Partnership State''.
(3) Eligible state.--For the purpose of this subsection the
term ``eligible State'' means a State that--
(A) has developed a State improvement plan under section
306 that is approved by the Secretary; and
(B) waives State statutory or regulatory requirements
relating to education while holding local educational
agencies or schools within the State that are affected by
such waivers accountable for the performance of the students
who are affected by such waivers.
(4) State application.--(A) Each State educational agency
desiring to participate in the education flexibility
demonstration program under this subsection shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may
reasonably require. Each such application shall demonstrate
that the eligible State has adopted an educational
flexibility plan for the State that includes--
(i) a description of the process the State educational
agency will use to evaluate applications from local
educational agencies or schools requesting waivers of--
(I) Federal statutory or regulatory requirements described
in paragraph (2)(A); and
(II) State statutory or regulatory requirements relating to
education; and
(ii) a detailed description of the State statutory and
regulatory requirements relating to education that the State
educational agency will waive.
(B) The Secretary may approve an application described in
subparagraph (A) only if the Secretary determines that such
application demonstrates substantial promise of assisting the
State educational agency and affected local educational
agencies and schools within such State in carrying out
comprehensive educational reform and otherwise meeting the
purposes of this Act, after considering--
(i) the comprehensiveness and quality of the educational
flexibility plan described in subparagraph (A);
(ii) the ability of such plan to ensure accountability for
the activities and goals described in such plan;
(iii) the significance of the State statutory or regulatory
requirements relating to education that will be waived; and
(iv) the quality of the State educational agency's process
for approving applications for waivers of Federal statutory
or regulatory requirements described in paragraph (2)(A) and
for monitoring and evaluating the results of such waivers.
(5) Local application.--(A) Each local educational agency
or school requesting a waiver of a Federal statutory or
regulatory requirement described in paragraph (2)(A) and any
relevant State statutory or regulatory requirement from a
State educational agency shall submit an application to the
State educational agency at such time, in such manner, and
containing such information as the State educational agency
may reasonably require. Each such application shall--
(i) indicate each Federal program affected and the
statutory or regulatory requirement that will be waived;
(ii) describe the purposes and overall expected results of
waiving each such requirement;
(iii) describe for each school year specific, measurable,
educational goals for each local educational agency or school
affected by the proposed waiver; and
(iv) explain why the waiver will assist the local
educational agency or school in reaching such goals.
(B) A State educational agency shall evaluate an
application submitted under subparagraph (A) in accordance
with the State's educational flexibility plan described in
paragraph (4)(A).
(C) A State educational agency shall not approve an
application for a waiver under this paragraph unless--
(i) the local educational agency or school requesting such
waiver has developed a local reform plan that is applicable
to such agency or school, respectively; and
(ii) the waiver of Federal statutory or regulatory
requirements described in paragraph (2)(A) will assist the
local educational agency or school in reaching its
educational goals.
(6) Monitoring.--Each State educational agency
participating in the demonstration program under this
subsection shall annually monitor the activities of local
educational agencies and schools receiving waivers under this
subsection and shall submit an annual report regarding such
monitoring to the Secretary.
(7) Duration of federal waivers.--(A) The Secretary shall
not approve the application of a State educational agency
under paragraph (4) for a period exceeding 5 years, except
that the Secretary may extend such period if the Secretary
determines that such agency's authority to grant waivers has
been effective in enabling such State or affected local
educational agencies or schools to carry out their local
reform plans.
(B) The Secretary shall periodically review the performance
of any State educational agency granting waivers of Federal
statutory or regulatory requirements described in paragraph
(2)(A) and shall terminate such agency's authority to grant
such waivers if the Secretary determines, after notice and
opportunity for hearing, that such agency's performance has
been inadequate to justify continuation of such authority.
(f) Accountability.--In deciding whether to extend a
request for a waiver under subsection (a)(1), or a State
educational agency's authority to issue waivers under
subsection (e), the Secretary shall review the progress of
the State educational agency, local educational agency, or
school affected by such waiver or authority to determine if
such agency or school has made progress toward achieving the
desired results described in the application submitted
pursuant to subsection (a)(2)(B)(iii) or (e)(5)(A)(ii).
(g) Publication.--A notice of the Secretary's decision to
grant waivers under subsection (a)(1) and to authorize State
educational agencies to issue waivers under subsection (e)
shall be published in the Federal Register and the Secretary
shall provide for the dissemination of such notice to State
educational agencies, interested parties, including
educators, parents, students, advocacy and civil rights
organizations, other interested parties, and the public.
SEC. 312. PROGRESS REPORTS.
(a) State Reports to the Secretary.--Each State
educational agency that receives funds under this title shall
annually report to the Secretary regarding--
(1) progress in meeting State goals and plans;
(2) proposed State activities for the succeeding year; and
(3) in summary form, the progress of local educational
agencies in meeting local goals and plans and increasing
student learning.
(b) Secretary's Reports to Congress.--By April 30, 1996,
and every 2 years thereafter, the Secretary shall submit a
report to the Committee on Education and Labor of the House
of Representatives and the Com-
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mittee on Labor and Human Resources of the Senate
describing--
(1) the activities assisted under, and outcomes of, grants
or contracts under section 220, including--
(A) a description of the purpose, uses, and technical merit
of assessments evaluated with funds awarded under such
paragraph; and
(B) an analysis of the impact of such assessments on the
performance of students, particularly students of different
racial, gender, ethnic, or language groups and individuals
with disabilities;
(2) the activities assisted under, and outcomes of,
allotments under this title; and
(3) the effect of waivers granted under section 311,
including--
(A) a listing of all State educational agencies, local
educational agencies and schools seeking and receiving
waivers;
(B) a summary of the State and Federal statutory or
regulatory requirements that have been waived, including the
number of waivers sought and granted under each such
statutory or regulatory requirement;
(C) a summary of waivers that have been terminated,
including a rationale for the terminations; and
(D) recommendations to the Congress regarding changes in
statutory or regulatory requirements, particularly those
actions that should be taken to overcome Federal statutory or
regulatory impediments to education reform.
SEC. 313. TECHNICAL AND OTHER ASSISTANCE REGARDING SCHOOL
FINANCE EQUITY.
(a) Technical Assistance.--
(1) In general.--From funds reserved in each fiscal year
under section 304(a)(2)(A), the Secretary is authorized to
make grants to, and enter into contracts and cooperative
agreements with, State educational agencies and other public
and private agencies, institutions, and organizations to
provide technical assistance to State and local educational
agencies to assist such agencies in achieving a greater
degree of equity in the distribution of financial resources
for education among local educational agencies in the State.
(2) Activities.--A grant, contract or cooperative agreement
under this section may support technical assistance
activities, such as--
(A) the establishment and operation of a center or centers
for the provision of technical assistance to State and local
educational agencies;
(B) the convening of conferences on equalization of
resources within local educational agencies, within States,
and among States; and
(C) obtaining advice from experts in the field of school
finance equalization.
(b) Data.--Each State educational agency or local
educational agency receiving assistance under the Elementary
and Secondary Education Act of 1965 shall provide such data
and information on school finance as the Secretary may
require to carry out this section.
(c) Models.--The Secretary is authorized, directly or
through grants, contracts, or cooperative agreements, to
develop and disseminate models and materials useful to States
in planning and implementing revisions of the school finance
systems of such States.
SEC. 314. NATIONAL LEADERSHIP.
(a) Technical Assistance and Integration of Standards.--
From funds reserved in each fiscal year under section
304(a)(2)(A), the Secretary may, directly or through grants
or contracts--
(1) provide technical assistance to States, local
educational agencies, and tribal agencies developing or
implementing school improvement plans, in a manner that
ensures that such assistance is broadly available;
(2) gather data on, conduct research on, and evaluate
systemic education improvement and how such improvement
affects student learning, including the programs assisted
under this title;
(3) disseminate research findings and other information on
outstanding examples of systemic education improvement in
States and local communities through existing dissemination
systems within the Department of Education, including through
publications, electronic and telecommunications mediums,
conferences, and other means;
(4) provide grants to tribal divisions of education for
coordination efforts between school reform plans developed
for schools funded by the Bureau and public schools described
in section 306(g)(2), including tribal activities in support
of such plans;
(5) support national demonstration projects that unite
local and State educational agencies, institutions of higher
education, government, business, and labor in collaborative
arrangements in order to make educational improvements
systemwide; and
(6) support model projects to integrate multiple content
standards, if--
(A) such standards are certified by the National Education
Standards and Improvement Council and approved by the
National Goals Panel for different subject areas, in order to
provide balanced and coherent instructional programs for all
students; and
(B) such projects are appropriate for a wide range of
diverse circumstances, localities (including both urban and
rural communities), and populations.
(b) Reservation of Funds.--
(1) In general.--The Secretary shall use at least 50
percent of the funds reserved each year under section
304(a)(2)(A) to make grants, in accordance with the
provisions of section 309(a) that the Secretary determines
appropriate, and provide technical and other assistance to
urban and rural local educational agencies with large numbers
or concentrations of students who are economically
disadvantaged or who have limited English proficiency, to
assist such agencies in developing and implementing local
school improvement plans, except that any school that
received funds under section 309(a) shall not receive
assistance pursuant to this paragraph other than technical
assistance.
(2) Survey.--The Secretary shall use not less than
$1,000,000 of the funds reserved for fiscal year 1994 under
section 304(a)(2)(A) to replicate coordinated services
programs that have been found to be successful in helping
students and families and improving student outcomes, and
shall disseminate information about such programs to schools
that plan to develop coordinated services programs.
(c) Administration.--Any activities assisted under this
section that involve research shall be administered through
the Office of Educational Research and Improvement.
SEC. 315. ASSISTANCE TO THE OUTLYING AREAS AND TO THE
SECRETARY OF THE INTERIOR.
(a) Outlying Areas.--
(1) In general.--Funds reserved for outlying areas under
section 304(a)(1)(A) shall be distributed among such areas by
the Secretary according to relative need of such areas.
(2) Inapplicability of public law 95-134.--The provisions
of Public Law 95-134, permitting the consolidation of grants
to the insular areas, shall not apply to funds received by
such areas under this title.
(b) Secretary of the Interior.--
(1) In general.--The funds reserved for the Secretary of
the Interior under section 304(a)(1)(B) shall be made in a
payment which shall be pursuant to an agreement between the
Secretary and the Secretary of the Interior containing such
assurances and terms as the Secretary determines shall best
achieve the provisions of this section and this Act. The
agreement shall, at a minimum, contain assurances that--
(A) a panel, as set forth in paragraph (4) of this
subsection, shall be established;
(B) a reform and improvement plan, designed to increase
student learning and assist students in meeting the National
Education Goals, meeting the requirements pertaining to State
improvement plans required in section 306 and providing for
the fundamental restructuring and improvement of elementary
and secondary education in schools funded by the Bureau,
shall be developed by such panel; and
(C) the provisions and activities required under such State
improvement plans, including the requirements for timetables
for opportunity-to-learn standards, shall be carried out in
the same time frames and under the same conditions stipulated
for the States in sections 305 and 306, provided that for
these purposes, the term ``local educational agencies'' shall
be interpreted to mean ``schools funded by the Bureau''.
(2) Voluntary submission.--The provisions applicable to the
States in section 213 of this Act shall apply to the Bureau
plan with regard to voluntary submission of standards and
assessments to the National Education Standards and
Improvement Council for review and certification.
(3) Plan specifics.--The reform and improvement plan shall
include, in addition to the requirements described above,
specific provisions for--
(A) opportunity to learn standards pertaining to
residential programs and transportation costs associated with
programs located on or near reservations or serving students
in off-reservation residential boarding schools;
(B) review and incorporation of the National Education
Goals and the voluntary national content standards, voluntary
natural student performance standards, and voluntary natural
opportunity-to-learn standards developed under part B of
title II of this Act, provided that such review shall include
the issues of cultural and language differences; and
(C) provision for coordination of the efforts of the Bureau
with the efforts for school improvement of the States and
local educational agencies in which the schools funded by the
Bureau are located, including the development of the
partnerships outlined in section 306(g)(2) of the Act.
(4) Panel.--(A) To carry out the provisions of this
section, and to develop the plan for system-wide reform and
improvement required under the agreement required under
paragraph (1), the Secretary of the Interior shall establish
a panel coordinated by the Assistant Secretary of the
Interior for Indian Affairs. Such panel shall consist of--
(i) the Director of the Office of Indian Education Programs
of the Bureau and two heads of other divisions of such Bureau
as the Assistant Secretary shall designate;
(ii) a designee of the Secretary of Education; and
(iii) a representative nominated by each of the following:
(I) The organization representing the majority of teachers
and professional personnel in schools operated by the Bureau.
(II) The organization representing the majority of
nonteaching personnel in schools operated by the Bureau, if
not the same organization as in subclause (I).
(III) School administrators of schools operated by the
Bureau.
[[Page 338]]
(IV) Education line officers located in Bureau area or
agency offices serving schools funded by the Bureau.
(V) The organization representing the majority of contract
or grant schools funded by the Bureau not serving students on
the Navajo reservation.
(VI) The organization representing the majority of contract
or grant schools funded by the Bureau serving students on the
Navajo reservation.
(VII) The organization representing the school boards
required by statute for schools operated by the Bureau not
serving students on the Navajo reservation.
(VIII) The organization representing the school boards
required by statute for schools funded by the Bureau serving
students on the Navajo reservation.
(B) Including the additional members required by paragraph
(5), a majority of the members of such panel shall be from
the entities designated under subparagraph (A)(iii).
(5) Additional members.--In addition, the members of the
panel described in paragraph (4) shall designate for full
membership on the panel four additional members--
(A) one of whom shall be a representative of a national
organization which represents primarily national Indian
education concerns; and
(B) three of whom shall be chairpersons (or their
designees) of Indian tribes with schools funded by the Bureau
on their reservations (other than those specifically
represented by organizations referred to in paragraph (4)),
provided that preference for no less than two of these
members shall be given to Indian tribes with a significant
number of schools funded by the Bureau on their reservations,
or with a significant percentage of their children enrolled
in schools funded by the Bureau.
(c) BIA Cost Analysis.--
(1) In general.--(A) The Secretary of the Interior shall
reserve from the funds received pursuant to section
304(a)(1)(B) in the first fiscal year that the Secretary of
the Interior receives such funds an amount not to exceed
$500,000 to provide, through the National Academy of Sciences
or the National Academy of Education, for an analysis of the
costs associated with meeting the academic and home-living/
residential standards of the Bureau for each school funded by
the Bureau. The purpose of such analysis shall be to provide
the Bureau and the panel described in paragraph (4) with
baseline data regarding the current state of operations
funded by the Bureau and to provide a framework for
addressing the implementation of opportunity-to-learn
standards.
(B) The results of such analysis shall be reported, in
aggregate and school specific form, to the chairpersons and
ranking minority members of the Committees on Education and
Labor and Appropriations of the House of Representatives and
the Select Committee on Indian Affairs and the Committee on
Appropriations of the Senate, and to the Secretary of the
Interior, the Secretary of Education (who shall transmit the
report to the appropriate entities under this Act), and the
Assistant Secretary of the Interior for Indian Affairs, not
later than 6 months after the date of enactment of this Act.
(2) Content.--Such analysis shall evaluate the costs of
providing a program in each school operated or supported by
the Bureau for the next succeeding academic year and shall be
based on--
(A) the standards either published in the Federal Register
as having effect in schools operated by the Bureau on the
date of enactment of this Act or the standards incorporated
into each grant or contract in effect on such date with a
tribally controlled school funded under section 1128 of
Public Law 95-561 (as amended);
(B) the best projections of student counts and
demographics, as provided by the Bureau and as independently
reviewed by the National Academy of Sciences or the National
Academy of Education; and
(C) the pay and benefit schedules and other personnel
requirements for each school operated by the Bureau, as such
pay and benefit schedules and requirements existed on the
date of enactment of this Act.
(d) Secretary of Defense.--The Secretary shall consult with
the Secretary of Defense to ensure that, to the extent
practicable, the purposes of this title are applied to the
Department of Defense schools.
SEC. 316. CLARIFICATION REGARDING STATE STANDARDS AND
ASSESSMENTS.
Notwithstanding any other provision of this title,
standards or State assessments described in a State
improvement plan submitted in accordance with section 306
shall not be required to be certified by the Council.
SEC. 317. STATE PLANNING FOR IMPROVING STUDENT ACHIEVEMENT
THROUGH INTEGRATION OF TECHNOLOGY INTO THE
CURRICULUM.
(a) Purpose.--It is the purpose of this section to assist
each State to plan effectively for improved student learning
in all schools through the use of technology as an integral
part of the State improvement plan described in section 306.
(b) Program Authorized.--
(1) Authority.--The Secretary shall award grants in
accordance with allocations under paragraph (2) to each State
educational agency that, as part of its application under
section 305, requests a grant to develop (or continue the
development of), and submits as part of the State improvement
plan described in section 306, a systemic statewide plan to
increase the use of state-of-the-art technologies that
enhance elementary and secondary student learning and staff
development in support of the National Education Goals and
State content standards and State student performance
standards.
(2) Formula.--From the amount appropriated pursuant to the
authority of subsection (f) in each fiscal year, each State
educational agency with an application approved under section
305 shall receive a grant under paragraph (1) in such year in
an amount determined on the same basis as allotments are made
to State educational agencies under subsections (b) and (c)
of section 304 for such year, except that each such State
shall receive at least $75,000.
(c) Plan Objectives.--Each State educational agency shall
use funds received under this section to develop and, if the
Secretary has approved the systemic statewide plan, to
implement such plan. Such plan shall have as its objectives--
(1) the promotion of higher student achievement through the
use of technology in education;
(2) the participation of all schools and school districts
in the State, especially those schools and districts with a
high percentage or number of disadvantaged students;
(3) the development and implementation of a cost-effective,
high-speed, statewide, interoperable, wide-area-communication
educational technology support system for elementary and
secondary schools within the State, particularly for such
schools in rural areas; and
(4) the promotion of shared usage of equipment, facilities,
and other technology resources by adult learners during
after-school hours.
(d) Plan Requirements.--At a minimum, each systemic
statewide plan shall--
(1) be developed by a task force that--
(A) includes among its members experts in the educational
use of technology and representatives of the State panel
described in section 306(b); and
(B) ensures that such plan is integrated into the State
improvement plan described in section 306;
(2) be developed in collaboration with the Governor,
representatives of the State legislature, the State board of
education, institutions of higher education, appropriate
State agencies, local educational agencies, public and
private telecommunication entities, parents, public and
school libraries, students, adult literacy providers, and
leaders in the field of technology, through a process of
statewide grassroots outreach to local educational agencies
and schools in the State;
(3) identify and describe the requirements for introducing
state-of-the-art technologies into the classroom and school
library in order to enhance educational curricula, including
the installation and ongoing maintenance of basic
connections, hardware and the necessary support materials;
(4) describe how the application of advanced technologies
in the schools will enhance student learning, provide greater
access to individualized instruction, promote the standards
and strategies described in section 306(d), and help make
progress toward the achievement of the National Education
Goals;
(5) describe how the ongoing training of educational
personnel will be provided;
(6) describe the resources necessary, and procedures, for
providing ongoing technical assistance to carry out such
plan;
(7) provide for the dissemination on a statewide basis of
exemplary programs and practices relating to the use of
technology in education;
(8) establish a funding estimate (including a statement of
likely funding sources) and a schedule for the development
and implementation of such plan;
(9) describe how the State educational agency will assess
the impact of implementing such plan on student achievement
and aggregate achievement for schools;
(10) describe how the State educational agency and local
educational agencies in the State will coordinate and
cooperate with business and industry, and with public and
private telecommunications entities;
(11) describe how the State educational agency will promote
the purchase of equipment by local educational agencies that,
when placed in schools, will meet the highest possible level
of interoperability and open system design;
(12) describe how the State educational agency will
consider using existing telecommunications infrastructure and
technology resources;
(13) describe how the State educational agency will apply
the uses of technology to meet the needs of children from
low-income families;
(14) describe the process through which such plan will be
reviewed and updated periodically; and
(15) describe how the State educational agency will
facilitate collaboration between State literacy resource
centers, local educational agencies, and adult and family
literacy providers, to ensure that technology can be used by
adult and family literacy providers during after school
hours.
(e) Reports.--Each State educational agency receiving a
grant under this section shall submit a report to the
Secretary within 1 year of the date such agency submits to
the Secretary its systemic statewide plan under this section.
Such report shall--
(1) describe the State's progress toward implementation of
the provisions of such plan;
(2) describe any revisions to the State's long-range plans
for technology;
(3) describe the extent to which resources provided
pursuant to such plan are distrib-
[[Page 339]]
uted among schools to promote the standards and strategies
described in section 306(d); and
(4) include any other information the Secretary deems
appropriate.
(f) Authorization of Appropriations.--There are authorized
to be appropriated $5,000,000 for fiscal year 1994 to carry
out this section.
SEC. 318. PROHIBITION ON FEDERAL MANDATES, DIRECTION, AND
CONTROL.
Nothing in this Act shall be construed to authorize an
officer or employee of the Federal Government to mandate,
direct, or control a State, local educational agency, or
school's curriculum, program of instruction, or allocation of
State or local resources or mandate a State or any
subdivision thereof to spend any funds or incur any costs not
paid for under this Act.
SEC. 319. STATE AND LOCAL GOVERNMENT CONTROL OF EDUCATION.
(a) Findings.--The Congress finds as follows:
(1) Congress is interested in promoting State and local
government reform efforts in education.
(2) In Public Law 96-88 the Congress found that education
is fundamental to the development of individual citizens and
the progress of the Nation.
(3) In Public Law 96-88 the Congress found that in our
Federal system the responsibility for education is reserved
respectively to the States and the local school systems and
other instrumentalities of the States.
(4) In Public Law 96-88 the Congress declared the purpose
of the Department of Education was to supplement and
complement the efforts of States, the local school systems,
and other instrumentalities of the States, the private
sector, public and private educational institutions, public
and private nonprofit educational research institutions,
community based organizations, parents and schools to improve
the quality of education.
(5) With the establishment of the Department of Education,
Congress intended to protect the rights of State and local
governments and public and private educational institutions
in the areas of educational policies and administration of
programs and to strengthen and improve the control of such
governments and institutions over their own educational
programs and policies.
(6) Public Law 96-88 specified that the establishment of
the Department of Education shall not increase the authority
of the Federal Government over education or diminish the
responsibility for education which is reserved to the States
and local school systems and other instrumentalities of the
States.
(7) Public Law 96-88 specified that no provision of a
program administered by the Secretary or by any other officer
of the Department of Health, Education, and Welfare shall be
construed to authorize the Secretary or any such officer to
exercise any direction, supervision, or control over the
curriculum, program of instruction, administration, or
personnel of any educational institution, school, or school
system, over any accrediting agency or association or over
the selection or content of library resources, textbooks, or
other instructional materials by any educational institution
or school system.
(b) Reaffirmation.--The Congress agrees and reaffirms that
the responsibility for control of education is reserved to
the States and local school systems and other
instrumentalities of the States and that no action shall be
taken under the provisions of this Act by the Federal
Government which would, directly or indirectly, impose
standards or requirements of any kind through the
promulgation of rules, regulations, provision of financial
assistance and otherwise, which would reduce, modify, or
undercut State and local responsibility for control of
education.
TITLE IV--PARENTAL ASSISTANCE
SEC. 401. PARENTAL INFORMATION AND RESOURCE CENTERS.
(a) Purpose.--The purpose of this title is--
(1) to increase parents' knowledge of and confidence in
child-rearing activities, such as teaching and nurturing
their young children;
(2) to strengthen partnerships between parents and
professionals in meeting the educational needs of children
aged birth through 5 and the working relationship between
home and school;
(3) to enhance the developmental progress of children
assisted under this title; and
(4) to fund at least 1 parental information and resource
center in each State before September 30, 1998.
(b) Grants Authorized.--
(1) In general.--The Secretary is authorized to award
grants in each fiscal year to nonprofit organizations, and
nonprofit organizations in consortia with local educational
agencies, to establish parental information and resource
centers that provide training, information, and support to--
(A) parents of children aged birth through 5 years;
(B) parents of children enrolled in elementary and
secondary schools; and
(C) individuals who work with the parents described in
subparagraphs (A) and (B).
(2) Award rule.--In awarding grants under this title, the
Secretary shall ensure that such grants are distributed, to
the greatest extent possible, to all geographic regions of
the United States.
SEC. 402. APPLICATIONS.
(a) Grants Applications.--
(1) In general.--Each nonprofit organization and nonprofit
organization in consortium with a local educational agency
which desires a grant under this title shall submit an
application to the Secretary at such time and in such manner
as the Secretary shall determine.
(2) Contents.--Each application submitted under paragraph
(1) shall, at a minimum, include assurances that a grantee
will--
(A)(i) be governed by a board of directors the membership
of which includes parents; or
(ii) be an organization that represents the interests of
parents;
(B) establish a special advisory committee the membership
of which--
(i) includes--
(I) parents described in subparagraphs (A) and (B) of
section 401(b)(1); and
(II) representatives of education professionals with
expertise in improving services for disadvantaged children;
and
(ii) is broadly representative of minority, low-income, and
other individuals and groups that have an interest in
compensatory education and family literacy;
(C) use at least one-half of the funds provided under this
Act in each fiscal year to serve areas with high
concentrations of low-income families in order to serve
parents who are severely educationally or economically
disadvantaged;
(D) operate a center of sufficient size, scope, and quality
to ensure that the center is adequate to serve the parents in
the area;
(E) serve both urban and rural areas;
(F) design a center that meets the unique training,
information, and support needs of parents described in
subparagraphs (A) and (B) of section 401(b)(1), particularly
parents who are educationally or economically disadvantaged;
(G) demonstrate the capacity and expertise to conduct the
effective training information and support activities for
which assistance is sought;
(H) network with--
(i) clearinghouses;
(ii) parent centers for the parents of infants, toddlers,
children, and youth with disabilities served under section
631(e) of the Individuals with Disabilities Education Act;
(iii) other organizations and agencies;
(iv) established national, State, and local parent groups
representing the full range of parents of children, aged
birth through 5 years; and
(v) parents of children enrolled in elementary and
secondary schools;
(I) focus on serving parents described in subparagraphs (A)
and (B) of section 401(b) who are parents of low-income,
minority, and limited-English proficient, children; and
(J) use part of the funds received under this title to
establish, expand, or operate Parents as Teachers programs or
Home Instruction for Preschool Youngsters programs.
(b) Grant Renewal.--In each fiscal year after the first
fiscal year a grantee receives assistance under this title,
the grantee shall demonstrate in the application submitted
for each fiscal year after such first year that a portion of
the services provided by such grantee is supported through
non-Federal contributions, which contributions may be in cash
or in kind.
SEC. 403. USES OF FUNDS.
Grant funds received under this title may be used--
(1) for parent training, information, and support programs
that assist parents to--
(A) better understand their children's educational needs;
(B) provide followup support for their children's
educational achievement;
(C) communicate more effectively with teachers, counselors,
administrators, and other professional educators and support
staff;
(D) participate in the design and provision of assistance
to students who are not making adequate educational progress;
(E) obtain information about the range of options,
programs, services, and resources available at the national,
State, and local levels to assist parents described in
subparagraphs (A) and (B) of section 401(b);
(F) seek technical assistance regarding compliance with the
requirements of this title and of other Federal programs
relevant to achieving the National Education Goals;
(G) participate in State and local decisionmaking;
(H) train other parents; and
(I) plan, implement, and fund activities that coordinate
the education of their children with other Federal programs
that serve their children or their families; and
(2) to include State or local educational personnel where
such participation will further the activities assisted under
the grant.
SEC. 404. TECHNICAL ASSISTANCE.
The Secretary shall provide technical assistance, by grant
or contract, for the establishment, development, and
coordination of parent training, information and support
programs and parental information and resource centers.
SEC. 405. DEFINITIONS.
For purposes of this title--
(1) the term ``parent education'' includes parent support
activities, the provision of resource materials on child
development, parent-child learning activities and child
rearing issues, private and group educational guidance,
individual and group learning experiences for the parent and
child, and other activities that enable the parent to improve
learning in the home;
(2) the term ``Parents as Teachers program'' means a
voluntary early childhood parent education program that--
(A) is designed to provide all parents of children from
birth through age 5 with the
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information and support such parents need to give their child
a solid foundation for school success;
(B) is based on the Missouri Parents as Teachers model with
the philosophy that parents are their child's first and most
influential teachers;
(C) provides--
(i) regularly scheduled personal visits with families by
certified parent educators;
(ii) regularly scheduled developmental screenings; and
(iii) linkage with other resources within the community in
order to provide services that parents may want and need,
except that such services are beyond the scope of the Parents
as Teachers program;
(3) the term ``Home Instruction for Preschool Youngsters
program'' means a voluntary early-learning program for
parents with one or more children between the ages of 3
through 5, that--
(A) provides support, training, and appropriate educational
materials necessary for parents to implement a school-
readiness, home instruction program for their child; and
(B) includes--
(i) group meetings with other parents participating in the
program;
(ii) individual and group learning experiences with the
parent and child;
(iii) provision of resource materials on child development
and parent-child learning activities; and
(iv) other activities that enable the parent to improve
learning in the home.
SEC. 406. REPORTS.
Each organization receiving a grant under this title shall
submit to the Secretary, on an annual basis, information
concerning the parental information and resource centers
assisted under this title, including--
(1) the number of parents, including the number of minority
and limited-English-proficient parents, who receive
information and training;
(2) the types and modes of training, information, and
support provided under this title;
(3) the number of Parents as Teachers programs and Home
Instruction for Preschool Youngsters programs which have been
assisted under this title; and
(4) the strategies used to reach and serve parents of
minority and limited-English-proficient children, parents
with limited literacy skills, and other parents in need of
the services provided under this title.
SEC. 407. GENERAL PROVISION.
Notwithstanding any other provision of this title--
(1) no person, including a parent who educates a child at
home, public school parent, or private school parent, shall
be required to participate in any program of parent education
or developmental screening pursuant to the provisions of this
title;
(2) no program assisted under this title shall take any
action that infringes in any manner on the right of a parent
to direct the education of their children; and
(3) the provisions of section 438(c) of the General
Education Provision Act shall apply to organizations awarded
grants under this title.
SEC. 408. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary for each of the fiscal years 1995 through 1998 to
carry out this title.
TITLE V--NATIONAL SKILL STANDARDS BOARD
SEC. 501. SHORT TITLE.
This title may be cited as the ``National Skill Standards
Act of 1994''.
SEC. 502. PURPOSE.
It is the purpose of this title to establish a National
Skill Standards Board to serve as a catalyst in stimulating
the development and adoption of a voluntary national system
of skill standards and of assessment and certification of
attainment of skill standards--
(1) that will serve as a cornerstone of the national
strategy to enhance workforce skills;
(2) that will result in increased productivity, economic
growth, and American economic competitiveness; and
(3) that can be used, consistent with civil rights laws--
(A) by the Nation, to ensure the development of a high
skills, high quality, high performance workforce, including
the most skilled frontline workforce in the world;
(B) by industries, as a vehicle for informing training
providers and prospective employees of skills necessary for
employment;
(C) by employers, to assist in evaluating the skill levels
of prospective employees and to assist in the training of
current employees;
(D) by labor organizations, to enhance the employment
security of workers by providing portable credentials and
skills;
(E) by workers, to--
(i) obtain certifications of their skills to protect
against dislocation;
(ii) pursue career advancement; and
(iii) enhance their ability to reenter the workforce;
(F) by students and entry level workers, to determine the
skill levels and competencies needed to be obtained in order
to compete effectively for high wage jobs;
(G) by training providers and educators, to determine
appropriate training services to offer;
(H) by government, to evaluate whether publicly funded
training assists participants to meet skill standards where
such standards exist and thereby protect the integrity of
public expenditures;
(I) to facilitate the transition to high performance work
organizations;
(J) to increase opportunities for minorities and women,
including removing barriers to the entry of women into
nontraditional employment; and
(K) to facilitate linkages between other components of the
national strategy to enhance workforce skills, including
school-to-work transition, secondary and postsecondary
vocational-technical education, and job training programs.
SEC. 503. ESTABLISHMENT OF NATIONAL BOARD.
(a) In General.--There is established a National Skill
Standards Board (hereafter in this title referred to as the
``National Board'').
(b) Composition.--
(1) In general.--The National Board shall be composed of 28
members (appointed in accordance with paragraph (3)), of
whom--
(A) one member shall be the Secretary of Labor;
(B) one member shall be the Secretary of Education;
(C) one member shall be the Secretary of Commerce;
(D) one member shall be the Chairperson of the National
Education Standards and Improvement Council established
pursuant to section 212(a);
(E) eight members shall be representatives of business
(including representatives of small employers and
representatives of large employers) selected from among
individuals recommended by recognized national business
organizations or trade associations;
(F) eight members shall be representatives of organized
labor selected from among individuals recommended by
recognized national labor federations; and
(G)(i) 2 members shall be neutral, qualified human resource
professionals; and
(ii) 6 members shall be representatives from the following
groups, with at least 1 member from each group:
(I) Educational institutions (including vocational-
technical institutions).
(II) Community-based organizations.
(III) State and local governments.
(IV) Nongovernmental organizations with a demonstrated
history of successfully protecting the rights of racial,
ethnic, or religious minorities, women, individuals with
disabilities, or older persons.
(2) Diversity requirements.--The members described in
subparagraph (G) of paragraph (1) shall have expertise in the
area of education and training. The members described in
subparagraphs (E), (F), and (G) of paragraph (1) shall--
(A) in the aggregate, represent a broad cross-section of
occupations and industries; and
(B) to the extent feasible, be geographically
representative of the United States and reflect the racial,
ethnic, and gender diversity of the United States.
(3) Appointment.--The membership of the National Board
shall be appointed as follows:
(A) Twelve members (four from each class of members
described in subparagraphs (E), (F), and (G) of paragraph
(1)) shall be appointed by the President.
(B) Six members (two from each class of members described
in subparagraphs (E), (F), and (G) of paragraph (1)) shall be
appointed by the Speaker of the House of Representatives, of
whom three members (one from each class of members described
in subparagraphs (E), (F), and (G) of paragraph (1)) shall be
selected from recommendations made by the Majority Leader of
the House of Representatives and three members (one from each
class of members described in subparagraphs (E), (F), and (G)
of paragraph (1)) shall be selected from recommendations made
by the Minority Leader of the House of Representatives.
(C) Six members (two from each class of members described
in subparagraphs (E), (F), and (G) of paragraph (1)) shall be
appointed by the President pro tempore of the Senate, of whom
three members (one from each class of members described in
subparagraphs (E), (F), and (G) of paragraph (1)) shall be
selected from recommendations made by the Majority Leader of
the Senate and three members (one from each class of members
described in subparagraphs (E), (F), and (G) of paragraph
(1)) shall be selected from recommendations made by the
Minority Leader of the Senate.
(4) Ex officio nonvoting members.--The members of the
National Board specified in subparagraphs (A), (B), (C), and
(D) of paragraph (1) shall be ex officio, nonvoting members
of the National Board.
(5) Term.--Each member of the National Board appointed
under subparagraph (E), (F), or (G) of paragraph (1) shall be
appointed for a term of 4 years, except that of the initial
members of the Board appointed under such subparagraphs--
(A) twelve members shall be appointed for a term of 3 years
(four from each class of members described in subparagraphs
(E), (F), and (G) of paragraph (1)), of whom--
(i) two from each such class shall be appointed in
accordance with paragraph (3)(A);
(ii) one from each such class shall be appointed in
accordance with paragraph (3)(B); and
(iii) one from each such class shall be appointed in
accordance with paragraph (3)(C); and
(B) twelve members shall be appointed for a term of 4 years
(four from each class of members described in subparagraphs
(E), (F), and (G) of paragraph (1)), of whom--
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(i) two from each such class shall be appointed in
accordance with paragraph (3)(A);
(ii) one from each such class shall be appointed in
accordance with paragraph (3)(B); and
(iii) one from each such class shall be appointed in
accordance with paragraph (3)(C).
(6) Vacancies.--Any vacancy in the National Board shall not
affect its powers, but shall be filled in the same manner as
the original appointment.
(c) Chairperson and Vice Chairpersons.--
(1) Chairperson.--
(A) In general.--Except as provided in subparagraph (B),
the National Board, by majority vote, shall elect a
Chairperson once every 2 years from among the members of the
National Board.
(B) Initial chairperson.--The first Chairperson of the
National Board shall be elected, by a majority vote of the
National Board, from among the members who are
representatives of business (as described in subparagraph (E)
of subsection (b)(1)) and shall serve for a term of 2 years.
(2) Vice chairpersons.--The National Board, by majority
vote, shall annually elect 3 Vice Chairpersons (each
representing a different class of the classes of members
described in subparagraphs (E), (F), and (G) of subsection
(b)(1) and each of whom shall serve for a term of 1 year)
from among its members appointed under subsection (b)(3).
(d) Compensation and Expenses.--
(1) Compensation.--All Members of the National Board who
are not full-time employees or officers of the Federal
Government shall serve without compensation. All members of
the National Board who are officers or employees of the
United States shall serve without compensation in addition to
that received for their services as officers or employees of
the United States.
(2) Expenses.--The members of the National Board shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57, title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the National
Board.
(e) Executive Director and Staff.--
(1) Executive director.--The Chairperson of the National
Board shall appoint an Executive Director who shall be
compensated at a rate determined by the National Board, not
to exceed the rate payable for level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(2) Staff.--
(A) In general.--The Executive Director may appoint and
compensate such additional staff as may be necessary to
enable the Board to perform its duties. Such staff shall
include at least one individual with expertise in measurement
and assessment.
(B) Compensation.--The Executive Director may fix the
compensation of the staff without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of positions
and General Schedule pay rates, except that the rate of pay
for the staff may not exceed the rate payable for level V of
the Executive Schedule under section 5316 of such title.
(f) Voluntary and Uncompensated Services.--Notwithstanding
section 1342 of title 31, United States Code, the National
Board is authorized, in carrying out this title, to accept
voluntary and uncompensated services.
(g) Agency Support.--
(1) Use of facilities.--The National Board may use the
research, equipment, services, and facilities of any agency
or instrumentality of the United States with the consent of
such agency or instrumentality.
(2) Staff of federal agencies.--Upon the request of the
National Board, the head of any Federal agency of the United
States may detail to the National Board, on a reimbursable
basis, any of the personnel of such Federal agency to assist
the National Board in carrying out this title. Such detail
shall be without interruption or loss of civil service status
or privilege.
(h) Conflict of Interest.--An individual who has served as
a member of the National Board may not have any financial
interest in an assessment and certification system developed
or endorsed under this title for a period of 3 years after
the termination of service of such individual from the
National Board.
(i) Procurement of Temporary and Intermittent Services.--
The Chairperson of the National Board may procure temporary
and intermittent services of experts and consultants under
section 3109(b) of title 5, United States Code.
(j) Termination.--The National Board shall terminate on
September 30, 1999.
SEC. 504. FUNCTIONS OF THE NATIONAL BOARD.
(a) Identification of Occupational Clusters.--
(1) In general.--Subject to paragraph (2), the National
Board shall identify broad clusters of major occupations that
involve 1 or more than 1 industry in the United States and
that share characteristics that are appropriate for the
development of common skill standards.
(2) Procedures for identification.--Prior to identifying
broad clusters of major occupations under paragraph (1), the
National Board shall engage in extensive public consultation,
including solicitation of public comment on proposed clusters
through publication in the Federal Register.
(b) Establishment of Voluntary Partnerships To Develop
Standards.--
(1) In general.--For each of the occupational clusters
identified pursuant to subsection (a), the National Board
shall encourage and facilitate the establishment of voluntary
partnerships to develop a skill standards system in
accordance with subsection (d).
(2) Representatives.--Such voluntary partnerships shall
include the full and balanced participation of--
(A)(i) representatives of business (including
representatives of large employers and representatives of
small employers) who have expertise in the area of workforce
skill requirements, and who are recommended by national
business organizations or trade associations representing
employers in the occupation or industry for which a standard
is being developed; and
(ii) representatives of trade associations that have
received grants from the Department of Labor or the
Department of Education to establish skill standards prior to
the date of enactment of this title;
(B) employee representatives who have expertise in the area
of workforce skill requirements and who shall be--
(i) individuals recommended by recognized national labor
organizations representing employees in the occupation or
industry for which a standard is being developed; and
(ii) such other individuals who are nonmanagerial employees
with significant experience and tenure in such occupation or
industry as are appropriate given the nature and structure of
employment in the occupation or industry;
(C) representatives of--
(i) educational institutions;
(ii) community-based organizations;
(iii) State and local agencies with administrative control
or direction over education, vocational-technical education,
or employment and training;
(iv) other policy development organizations with expertise
in the area of workforce skill requirements; and
(v) non-governmental organizations with a demonstrated
history of successfully protecting the rights of racial,
ethnic, or religious minorities, women, individuals with
disabilities, or older persons; and
(D) individuals with expertise in measurement and
assessment, including relevant experience in designing
unbiased assessments and performance-based assessments.
(3) Experts.--The partnerships described in paragraph (1)
may also include such other individuals who are independent,
qualified experts in their fields.
(c) Research, Dissemination, and Coordination.--In order to
support the activities described in subsections (b) and (d),
the National Board shall--
(1) conduct workforce research relating to skill standards
(including research relating to use of skill standards in
compliance with civil rights laws) and make such research
available to the public, including the voluntary partnerships
described in subsection (b);
(2) identify and maintain a catalog of skill standards used
by other countries and by States and leading firms and
industries in the United States;
(3) serve as a clearinghouse to facilitate the sharing of
information on the development of skill standards and other
relevant information among representatives of occupations and
industries identified pursuant to subsection (a), the
voluntary partnerships described in subsection (b), and among
education and training providers through such mechanisms as
the Capacity Building and Information and Dissemination
Network established under section 453(b) of the Job Training
Partnership Act (29 U.S.C. 1733(b)) and the Educational
Resources Information Center Clearinghouses;
(4) develop a common nomenclature relating to skill
standards;
(5) encourage the development and adoption of curricula and
training materials, for attaining the skill standards
developed pursuant to subsection (d), that provide for
structured work experiences and related study programs
leading to progressive levels of professional and technical
certification and postsecondary education;
(6) provide appropriate technical assistance to voluntary
partnerships involved in the development of standards and
systems described in subsection (b); and
(7) facilitate coordination among voluntary partnerships
that meet the requirements of subsection (b) to promote the
development of a coherent national system of voluntary skill
standards.
(d) Endorsement of Skill Standards Systems.--
(1) Development of endorsement criteria.--(A) The National
Board, after extensive public consultation, shall develop
objective criteria for endorsing skill standards systems
relating to the occupational clusters identified pursuant to
subsection (a). Such criteria shall, at a minimum, include
the components of a skill standards system described in
subparagraph (B). The endorsement criteria shall be published
in the Federal Register, and updated as appropriate.
(B) The skill standards systems endorsed pursuant to
paragraph (1) shall have one or more of the following
components:
(i) Voluntary skill standards, which at a minimum--
(I) take into account relevant standards used in other
countries and relevant international standards;
(II) meet or exceed the highest applicable standards used
in the United States, including apprenticeship standards
registered under the Act of August 16, 1937 (commonly
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known as the ``National Apprenticeship Act'', 50 Stat. 664,
chapter 663, 29 U.S.C. 50 et seq.);
(III) take into account content and performance standards
certified pursuant to title II;
(IV) take into account the requirements of high performance
work organizations;
(V) are in a form that allows for regular updating to take
into account advances in technology or other developments
within the occupational cluster;
(VI) are formulated in such a manner that promotes the
portability of credentials and facilitates worker mobility
within an occupational cluster or industry and among
industries; and
(VII) are not discriminatory with respect to race, color,
gender, age, religion, ethnicity, disability, or national
origin, consistent with Federal civil rights laws.
(ii) A voluntary system of assessment and certification of
the attainment of skill standards developed pursuant to
subparagraph (A), which at a minimum--
(I) has been developed after taking into account relevant
methods of such assessment and certification used in other
countries;
(II) utilizes a variety of evaluation techniques,
including, where appropriate, oral and written evaluations,
portfolio assessments, and performance tests; and
(III) includes methods for establishing that the assessment
and certification system is not discriminatory with respect
to race, color, gender, age, religion, ethnicity, disability,
or national origin, consistent with Federal civil rights
laws.
(iii) A system to promote the use of and to disseminate
information relating to skill standards, and assessment and
certification systems, developed pursuant to this paragraph
(including dissemination of information relating to civil
rights laws relevant to the use of such standards and
systems) to entities such as institutions of higher education
offering professional and technical education, labor
organizations, trade associations, employers providing
formalized training, and other organizations likely to
benefit from such standards and systems.
(iv) A system to evaluate the implementation of the skill
standards, and assessment and certification systems developed
pursuant to this paragraph, and the effectiveness of the
information disseminated pursuant to subparagraph (C) for
informing the users of such standards and systems of the
requirements of relevant civil rights laws.
(v) A system to periodically revise and update the skill
standards, and assessment and certification systems developed
pursuant to this paragraph, which will take into account
changes in standards in other countries.
(2) Endorsement.--The National Board, after public review
and comment, shall endorse those skill standards systems
relating to the occupational clusters identified pursuant to
subsection (a) that--
(A) meet the objective endorsement criteria that are
developed pursuant to paragraph (1); and
(B) are submitted by voluntary partnerships that meet the
requirements of subsection (b).
(e) Relationship With Civil Rights Laws.--
(1) In general.--Nothing in this title shall be construed
to modify or affect any Federal or State law prohibiting
discrimination on the basis of race, color, gender, age,
religion, ethnicity, disability, or national origin.
(2) Evidence.--The endorsement or absence of an endorsement
by the National Board of a skill standard, or assessment and
certification system, under subsection (d) shall not be used
in any action or proceeding to establish that the use of a
skill standard or assessment and certification system
conforms or does not conform to the requirements of civil
rights laws.
(f) Coordination.--The National Board shall establish
cooperative arrangements with the National Education
Standards and Improvement Council to promote the coordination
of the development of skill standards under this section with
the development of voluntary national content standards and
voluntary national student performance standards in
accordance with section 213.
(g) Financial Assistance.--
(1) In general.--From funds appropriated pursuant to
section 507--
(A) the National Board may enter into contracts and
cooperative agreements to carry out the purposes of this
title; and
(B) the Secretary of Labor may, in accordance with
paragraph (2), award grants to voluntary partnerships for the
development of skill standards systems meeting the
requirements of subsection (d).
(2) Grants to voluntary partnerships.--
(A) Eligibility and application.--Voluntary partnerships
that meet the requirements of subsection (b) shall be
eligible to apply for a grant under this subsection. Each
such voluntary partnership desiring a grant shall submit an
application to the National Board at such time, in such
manner, and accompanied by such information as the National
Board may reasonably require.
(B) Review and recommendation.--The National Board shall
review each application submitted pursuant to subparagraph
(A) in accordance with the objective criteria published
pursuant to subparagraph (C) and shall forward each such
application to the Secretary of Labor accompanied by a
nonbinding recommendation for the approval or disapproval of
each such application by the Secretary.
(C) Criteria for review.--Prior to each fiscal year, the
National Board shall publish objective criteria to be used by
the Board in reviewing applications under subparagraph (B).
(3) Limitation on use of funds.--
(A) In general.--Not more than 20 percent of the funds
appropriated pursuant to the authority of section 507(a) for
each fiscal year shall be used by the National Board for the
costs of administration.
(B) Costs of administration defined.--For purposes of this
paragraph, the term ``costs of administration'' means costs
relating to staff, supplies, equipment, space, and travel and
per diem, costs of conducting meetings and conferences, and
other related costs.
SEC. 505. DEADLINES.
Not later than December 31, 1995, the National Board shall,
at a minimum--
(1) identify occupational clusters pursuant to section
504(a) representing a substantial portion of the workforce;
and
(2) promote the development of an initial set of skill
standards in accordance with section 504(d) for such
clusters.
SEC. 506. REPORTS.
The National Board shall prepare and submit to the
President and the Congress in each of the fiscal years 1994
through 1999, a report on the activities conducted under this
title. Such report shall include information on the extent to
which skill standards have been adopted by employers,
training providers, and other entities, and on the
effectiveness of such standards in accomplishing the purposes
described in section 502.
SEC. 507. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
carry out this title $15,000,000 for fiscal year 1994 and
such sums as may be necessary for each of fiscal years 1995
through 1999.
(b) Availability.--Amounts appropriated pursuant to
subsection (a) shall remain available until expended.
SEC. 508. DEFINITIONS.
For purposes of this title, the following definitions
apply:
(1) Community-based organizations.--The term ``community-
based organizations'' has the meaning given the term in
section 4(5) of the Job Training Partnership Act (29 U.S.C.
1503(5)).
(2) Educational institution.--The term ``educational
institution'' means a high school, a vocational school, and
an institution of higher education.
(3) Institution of higher education.--The term
``institution of higher education'' means an institution of
higher education (as such term is defined in section 481 of
the Higher Education Act of 1965 (20 U.S.C. 1088)) which
continues to meet the eligibility and certification
requirements under section 498 of such Act.
(4) Skill standard.--The term ``skill standard'' means a
standard that specifies the level of knowledge and competence
required to successfully perform work-related functions
within an occupational cluster.
SEC. 509. SUNSET PROVISION.
(a) Repeal.--This title is repealed on September 30, 1999.
(b) Review of Repeal.--It is the sense of the Congress that
the appropriate committees of the Congress should review the
accomplishments of the National Board prior to the date of
repeal described in subsection (a) in order to determine
whether it is appropriate to extend the authorities provided
under this title for a period beyond such date.
TITLE VI--INTERNATIONAL EDUCATION PROGRAM
SEC. 601. INTERNATIONAL EDUCATION PROGRAM.
(a) Program Established.--The Secretary, with the
concurrence of the Director of the United States Information
Agency and with the foreign policy guidance of the Secretary
of State, shall carry out an International Education Program
in accordance with this section that shall provide for--
(1) the study of international education programs and
delivery systems; and
(2) an international education exchange program.
(b) Assessment and Information.--The Secretary shall award
grants for the study, evaluation, and analysis of education
systems in other nations, particularly Great Britain, France,
Germany and Japan. Such studies shall focus upon a
comparative analysis of curriculum, methodology, and
organizational structure, including the length of the school
year and school day. In addition, the studies shall provide
an analysis of successful strategies employed by other
nations to improve student achievement, with a specific focus
upon application to schooling and the National Education
Goals.
(c) International Education Exchange.--
(1) Requirement.--
(A) In general.--The Secretary, in consultation with the
Director of the United States Information Agency, shall carry
out a program to be known as the International Education
Exchange Program. Under such program the Secretary shall
award grants to or enter into contracts with organizations
with demonstrated effectiveness or expertise in international
achievement comparisons, in order to--
(i) make available to educators from eligible countries
exemplary curriculum and teacher training programs in civics
and government education and economic education developed in
the United States;
(ii) assist eligible countries in the adaptation and
implementation of such programs or joint research concerning
such programs;
(iii) create and implement educational programs for United
States students which draw
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upon the experiences of emerging constitutional democracies;
(iv) provide a means for the exchange of ideas and
experiences in civics and government education and economic
education among political, educational, and private sector
leaders of participating eligible countries; and
(v) provide support for--
(I) research and evaluation to determine the effects of
educational programs on students' development of the
knowledge, skills, and traits of character essential for the
preservation and improvement of constitutional democracy; and
(II) effective participation in and the preservation and
improvement of an efficient market economy.
(B) Program administration.--The Secretary and the Director
of the United States Information Agency, or their designees,
shall be jointly responsible for the design of the program
described in subparagraph (A). The Secretary and the Director
of the United States Information Agency shall name to an
oversight committee an equal number of representatives. Such
committee shall determine the specifications for requests for
proposals, the eligibility and review criteria for proposals,
and the review process for proposals, for grants or contracts
under this section. The Director of the United States
Information Agency shall have particular responsibility for
ensuring that programs assisted under this section are not
duplicative of other efforts in the target countries and that
foreign partner institutions are creditable.
(C) Reservations.--In carrying out the program described in
subparagraph (A), there shall be reserved in each fiscal
year--
(i) 50 percent of the amount available to carry out this
subsection for civics and government education activities;
and
(ii) 50 percent of such amount available to carry out this
subsection for economic education activities.
(2) Contract authorized.--
(A) In general.--The Secretary, in consultation with the
Director of the United States Information Agency, is
authorized to contract with independent nonprofit educational
organizations to carry out the provisions of this subsection.
(B) Number.--The Secretary, in consultation with the
Director of the United States Information Agency, shall award
at least 1 but not more than 3 contracts described in
subparagraph (A) in each of the areas described in clauses
(i) and (ii) of paragraph (1)(B).
(C) Avoidance of duplication.--The Secretary, in
consultation with the Director of the United States
Information Agency, shall award contracts described in
subparagraph (A) so as to avoid duplication of activities in
such contracts.
(D) Requirements.--Each organization with which the
Secretary enters into a contract pursuant to subparagraph (A)
shall--
(i) be experienced in--
(I) the development and national implementation of
curricular programs in civics and government education and
economic education for students from grades kindergarten
through 12 in local, intermediate, and State educational
agencies, in schools funded by the Bureau, and in private
schools throughout the Nation with the cooperation and
assistance of national professional educational
organizations, colleges and universities, and private sector
organizations;
(II) the development and implementation of cooperative
university and school-based inservice training programs for
teachers of grades kindergarten through grade 12 using
scholars from such relevant disciplines as political science,
political philosophy, history, law and economics;
(III) the development of model curricular frameworks in
civics and government education and economic education;
(IV) the administration of international seminars on the
goals and objectives of civics and government education or
economic education in constitutional democracies (including
the sharing of curricular materials) for educational leaders,
teacher trainers, scholars in related disciplines, and
educational policymakers; and
(V) the evaluation of civics and government education or
economic education programs; and
(ii) have the authority to subcontract with other
organizations to carry out the provisions of this subsection.
(3) Activities.--The international education program
described in this subsection shall--
(A) provide eligible countries with--
(i) seminars on the basic principles of United States
constitutional democracy and economics, including seminars on
the major governmental and economic institutions and systems
in the United States, and visits to such institutions;
(ii) visits to school systems, institutions of higher
learning, and nonprofit organizations conducting exemplary
programs in civics and government education and economic
education in the United States;
(iii) home stays in United States communities;
(iv) translations and adaptations regarding United States
civics and government education and economic education
curricular programs for students and teachers, and in the
case of training programs for teachers translations and
adaptations into forms useful in schools in eligible
countries, and joint research projects in such areas;
(v) translation of basic documents of United States
constitutional government for use in eligible countries, such
as The Federalist Papers, selected writings of Presidents
Adams and Jefferson and the Anti-Federalists, and more recent
works on political theory, constitutional law and economics;
and
(vi) research and evaluation assistance to determine--
(I) the effects of educational programs on students'
development of the knowledge, skills and traits of character
essential for the preservation and improvement of
constitutional democracy; and
(II) effective participation in and the preservation and
improvement of an efficient market economy;
(B) provide United States participants with--
(i) seminars on the histories, economics, and governments
of eligible countries;
(ii) visits to school systems, institutions of higher
learning, and organizations conducting exemplary programs in
civics and government education and economic education
located in eligible countries;
(iii) home stays in eligible countries;
(iv) assistance from educators and scholars in eligible
countries in the development of curricular materials on the
history, government and economics of such countries that are
useful in United States classrooms;
(v) opportunities to provide on-site demonstrations of
United States curricula and pedagogy for educational leaders
in eligible countries; and
(vi) research and evaluation assistance to determine--
(I) the effects of educational programs on students'
development of the knowledge, skills and traits of character
essential for the preservation and improvement of
constitutional democracy; and
(II) effective participation in and improvement of an
efficient market economy; and
(C) assist participants from eligible countries and the
United States in participating in international conferences
on civics and government education and economic education for
educational leaders, teacher trainers, scholars in related
disciplines, and educational policymakers.
(4) Participants.--The primary participants in the
international education program assisted under this
subsection shall be leading educators in the areas of civics
and government education and economic education, including
curriculum and teacher training specialists, scholars in
relevant disciplines, and educational policymakers, from the
United States and eligible countries.
(5) Personnel and technical experts.--The Secretary is
authorized to provide Department of Education personnel and
technical experts to assist eligible countries to establish
and implement a database or other effective methods to
improve educational delivery systems, structure and
organization.
(6) Definitions.--For the purpose of this subsection the
term ``eligible country'' means a Central European country,
an Eastern European country, Lithuania, Latvia, Estonia,
Georgia, the Commonwealth of Independent States, and any
country that formerly was a republic of the Soviet Union
whose political independence is recognized in the United
States.
(d) Authorization of Appropriations.--
(1) Assessment and information.--There are authorized to be
appropriated $1,000,000 for fiscal year 1995, and such sums
as may be necessary for each of the fiscal years 1996 through
1999, to carry out subsection (b).
(2) International education exchange.--There are authorized
to be appropriated $10,000,000 for fiscal year 1995, and such
sums as may be necessary for each of the fiscal years 1996
through 1999, to carry out subsection (c).
TITLE VII--SAFE SCHOOLS
SEC. 701. SHORT TITLE; STATEMENT OF PURPOSE.
(a) Short Title.--This title may be cited as the ``Safe
Schools Act of 1994''.
(b) Statement of Purpose.--It is the purpose of this title
to help local school systems achieve Goal Six of the National
Education Goals, which provides that by the year 2000, every
school in America will be free of drugs and violence and will
offer a disciplined environment conducive to learning, by
ensuring that all schools are safe and free of violence.
SEC. 702. SAFE SCHOOLS PROGRAM AUTHORIZED.
(a) Authority.--
(1) In general.--From funds appropriated pursuant to the
authority of subsection (b)(1), the Secretary shall make
competitive grants to eligible local educational agencies to
enable such agencies to carry out projects and activities
designed to achieve Goal Six of the National Education Goals
by helping to ensure that all schools are safe and free of
violence.
(2) Grant duration and amount.--Grants under this title may
not exceed--
(A) two fiscal years in duration; and
(B) $3,000,000.
(3) Geographic distribution.--To the extent practicable,
grants under this title shall be awarded to eligible local
educational agencies serving rural, as well as urban, areas.
(b) Authorization of Appropriations and Reservation.--
(1) Authorization.--There are authorized to be appropriated
$50,000,000 for fiscal year 1994 to carry out this title.
(2) Reservation.--The Secretary is authorized in each
fiscal year to reserve not more than 10 percent of the amount
appropriated pursuant to the authority of paragraph (1) to
carry out national activities described in section 706, of
which 50 percent of such amount shall be available in such
fiscal year
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to carry out the program described in section 706(b).
SEC. 703. ELIGIBLE APPLICANTS.
(a) In General.--To be eligible to receive a grant under
this title, a local educational agency shall demonstrate in
the application submitted pursuant to section 704(a) that
such agency--
(1) serves an area in which there is a high rate of--
(A) homicides committed by persons between the ages 5 to
18, inclusive;
(B) referrals of youth to juvenile court;
(C) youth under the supervision of the courts;
(D) expulsions and suspensions of students from school;
(E) referrals of youth, for disciplinary reasons, to
alternative schools; or
(F) victimization of youth by violence, crime, or other
forms of abuse; and
(2) has serious school crime, violence, and discipline
problems, as indicated by other appropriate data.
(b) Priority.--In awarding grants under this title, the
Secretary shall give priority to a local educational agency
that submits an application that assures a strong local
commitment to the projects or activities assisted under this
title, such as--
(1) the formation of partnerships among the local
educational agency, a community-based organization, a
nonprofit organization with a demonstrated commitment to or
expertise in developing education programs or providing
educational services to students or the public, a local law
enforcement agency, or any combination thereof; and
(2) a high level of youth participation in such projects or
activities.
SEC. 704. APPLICATIONS AND PLANS.
(a) Application.--In order to receive a grant under this
title, an eligible local educational agency shall submit to
the Secretary an application that includes--
(1) an assessment of the current violence and crime
problems in the schools to be served by the grant and in the
community to be served by the applicant;
(2) an assurance that the applicant has written policies
regarding school safety, student discipline, and the
appropriate handling of violent or disruptive acts;
(3) a description of the schools and communities to be
served by the grant, the activities and projects to be
carried out with grant funds, and how these activities and
projects will help to reduce the current violence and crime
problems in the schools and communities served;
(4) a description of educational materials to be developed
in the first most predominate non-English language of the
schools and communities to be served by the grant, if
applicable;
(5) if the local educational agency receives Federal
education funds, an explanation of how activities assisted
under this title will be coordinated with and support any
systemic education improvement plan prepared with such funds;
(6) the applicant's plan to establish school-level advisory
committees, which include faculty, parents, staff, and
students, for each school to be served by the grant and a
description of how each committee will assist in assessing
that school's violence and discipline problems as well as in
designing appropriate programs, policies, and practices to
combat such problems;
(7) the applicant's plan for collecting baseline and future
data, by individual schools, to monitor violence and
discipline problems and to measure the applicant's progress
in achieving the purpose of this title;
(8) a description of how, in subsequent fiscal years, the
grantee will integrate the violence prevention activities the
grantee carries out with funds under this title with
activities carried out under the grantee's comprehensive plan
for drug and violence prevention adopted under the Drug-Free
Schools and Communities Act of 1986;
(9) a description of how the grantee will coordinate the
grantee's school crime and violence prevention efforts with
education, law enforcement, judicial, health, and social
service programs supported under the Juvenile Justice and
Delinquency Prevention Act of 1974, and other appropriate
agencies and organizations serving the community;
(10) a description of how the grantee will inform parents
about the extent of crime and violence in their children's
schools and maximize the participation of parents in the
grantee's violence prevention activities;
(11) an assurance that grant funds under this title will be
used to supplement and not supplant State and local funds
that would, in the absence of funds under this title, be made
available by the applicant for the purposes of the grant;
(12) an assurance that the applicant will cooperate with,
and provide assistance to, the Secretary in gathering
statistics and other data the Secretary determines are
necessary to determine the effectiveness of projects and
activities assisted under this title or the extent of school
violence and discipline problems throughout the Nation; and
(13) such other information as the Secretary may require.
(b) Plan.--In order to receive funds under this title for a
second year, a grantee shall submit to the Secretary a
comprehensive, long-term, school safety plan for reducing and
preventing school violence and discipline problems. Such plan
shall contain a description of how the grantee will
coordinate the grantee's school crime and violence prevention
efforts with education, law-enforcement, judicial, health,
social service, and other appropriate agencies and
organizations serving the community.
SEC. 705. USE OF FUNDS.
(a) In General.--A local educational agency shall use grant
funds received under this title for one or more of the
following activities:
(1) Identifying and assessing school violence and
discipline problems, including coordinating needs assessment
activities with education, law enforcement, judicial, health,
social service, and other appropriate agencies and
organizations, juvenile justice programs, and gang prevention
activities.
(2) Conducting school safety reviews or violence prevention
reviews of programs, policies, practices, and facilities to
determine what changes are needed to reduce or prevent
violence and promote safety and discipline.
(3) Planning for comprehensive, long-term strategies for
addressing and preventing school violence and discipline
problems through the involvement and coordination of school
programs with other education, law enforcement, judicial,
health, social service, and other appropriate agencies and
organizations.
(4) Training school personnel in programs of demonstrated
effectiveness in addressing violence, including violence
prevention, conflict resolution, anger management, peer
mediation, and identification of high-risk youth.
(5) Activities which involve parents in efforts to promote
school safety and prevent school violence.
(6) Community education programs, including video- and
technology-based projects, informing parents, businesses,
local government, the media and other appropriate entities
about--
(A) the local educational agency's plan to promote school
safety and reduce and prevent school violence and discipline
problems; and
(B) the need for community support.
(7) Coordination of school-based activities designed to
promote school safety and reduce or prevent school violence
and discipline problems with related efforts of education,
law enforcement, judicial, health, social service, and other
appropriate agencies and organizations and juvenile justice
programs.
(8) Developing and implementing violence prevention
activities and materials, including--
(A) conflict resolution and social skills development for
students, teachers, aides, other school personnel, and
parents;
(B) disciplinary alternatives to expulsion and suspension
of students who exhibit violent or antisocial behavior;
(C) student-led activities such as peer mediation, peer
counseling, and student courts; or
(D) alternative after-school programs that provide safe
havens for students, which may include cultural,
recreational, educational and instructional activities, and
mentoring and community service programs.
(9) Educating students and parents regarding the dangers of
guns and other weapons and the consequences of their use.
(10) Developing and implementing innovative curricula to
prevent violence in schools and training staff how to stop
disruptive or violent behavior if such behavior occurs.
(11) Supporting ``safe zones of passage'' for students
between home and school through such measures as Drug- and
Weapon-Free School Zones, enhanced law enforcement, and
neighborhood patrols.
(12) Counseling programs for victims and witnesses of
school violence and crime.
(13) Acquiring and installing metal detectors and hiring
security personnel.
(14) Reimbursing law enforcement authorities for their
personnel who participate in school violence prevention
activities.
(15) Evaluating projects and activities assisted under this
title.
(16) The cost of administering projects or activities
assisted under this title.
(17) Other projects or activities that meet the purpose of
this title.
(b) Limitations.--
(1) In general.--A local educational agency may use not
more than--
(A) a total of 5 percent of grant funds received under this
title in each fiscal year for activities described in
paragraphs (11), (13), and (14) of subsection (a); and
(B) 5 percent of grant funds received under this title in
each fiscal year for activities described in paragraph (16)
of subsection (a).
(2) Special rule.--A local educational agency shall only be
able to use grant funds received under this title for
activities described in paragraphs (11), (13), and (14) of
subsection (a) if funding for such activities is not
available from other Federal sources.
(3) Prohibition.--A local educational agency may not use
grant funds received under this title for construction.
SEC. 706. NATIONAL ACTIVITIES.
(a) National Activities.--
(1) In general.--To carry out the purpose of this title,
the Secretary--
(A) is authorized to use funds reserved under section
702(b)(2) to--
(i) conduct national leadership activities such as
research, program development and evaluation, data
collection, public awareness activities, training and
technical assistance, dissemination (through appropriate
research entities assisted by the Department of Education) of
information on successful projects, activities, and
strategies developed pursuant to this title;
(ii) provide grants to noncommercial telecommunications
entities for the production
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and distribution of national video-based projects that
provide young people with models for conflict resolution and
responsible decisionmaking; and
(iii) conduct peer review of applications under this title;
and
(B) shall develop a written safe schools model so that all
schools can develop models that enable all students to
participate regardless of any language barrier.
(2) Special rule.--The Secretary may carry out the
activities described in paragraph (1) directly, through
interagency agreements, or through grants, contracts or
cooperative agreements.
(b) National Model City.--The Secretary shall designate the
District of Columbia as a national model city and shall
provide funds made available pursuant to section 702(b)(2) in
each fiscal year to a local educational agency serving the
District of Columbia in an amount sufficient to enable such
agency to carry out a comprehensive program to address school
and youth violence.
SEC. 707. NATIONAL COOPERATIVE EDUCATION STATISTICS SYSTEM.
Subparagraph (A) of section 406(h)(2) of the General
Education Provisions Act (20 U.S.C. 1221e-1(h)(2)(A)) is
amended--
(1) in clause (vi), by striking ``and'' after the
semicolon; and
(2) by adding after clause (vii) the following new clause:
``(viii) school safety policy, and statistics on the
incidents of school violence; and''.
SEC. 708. REPORTS.
(a) Report to Secretary.--Each local educational agency
that receives funds under this title shall submit to the
Secretary a report not later than March 1, 1995, that
describes progress achieved in carrying out the plan
described in section 704(b).
(b) Report to Congress.--The Secretary shall submit to the
Committee on Education and Labor of the House of
Representatives and the Committee on Labor and Human
Resources of the Senate a report not later than October 1,
1995, which shall contain a detailed statement regarding
grant awards, activities of grant recipients, a compilation
of statistical information submitted by applicants under
section 704(a), and an evaluation of programs assisted under
this title.
SEC. 709. COORDINATION OF FEDERAL ASSISTANCE.
The Secretary, as a member of the Coordinating Council on
Juvenile Justice and Delinquency Prevention of the Department
of Justice, shall coordinate the programs and activities
carried out under this title with the programs and activities
carried out by the departments and offices represented within
the Council that provide assistance under other Federal law
for purposes that are determined by the Secretary to be
similar to the purpose of this title, in order to avoid
redundancy and coordinate Federal assistance, research, and
programs for youth violence prevention.
TITLE VIII--MINORITY-FOCUSED CIVICS EDUCATION
SEC. 801. SHORT TITLE.
This title may be cited as the ``Minority-Focused Civics
Education Act of 1994''.
SEC. 802. PURPOSES.
It is the purpose of this title--
(1) to encourage improved instruction for minorities and
Native Americans in American government and civics through a
national program of accredited summer teacher training and
staff development seminars or institutes followed by academic
year inservice training programs conducted on college and
university campuses or other appropriate sites, for--
(A) social studies and other teachers responsible for
American history, government, and civics classes; and
(B) other educators who work with minority and Native
American youth; and
(2) through such improved instruction to improve minority
and Native American student knowledge and understanding of
the American system of government.
SEC. 803. GRANTS AUTHORIZED; AUTHORIZATION OF APPROPRIATIONS.
(a) Grants Authorized.--
(1) In general.--The Secretary is authorized to make grants
to eligible entities for the development and implementation
of seminars in American government and civics for elementary
and secondary school teachers and other educators who work
with minority and Native American students.
(2) Award rule.-- In awarding grants under this title, the
Secretary shall ensure that there is wide geographic
distribution of such grants.
(b) Authorization of Appropriations.--There are authorized
to be appropriated $5,000,000 for fiscal 1995, and such sums
as may be necessary for each of the fiscal years 1996, 1997,
and 1998, to carry out this title.
SEC. 804. DEFINITIONS.
For purposes of this title--
(1) the term ``eligible entity'' means a State educational
agency, an institution of higher education or a State higher
education agency, or a public or private nonprofit
organization, with experience in coordinating or conducting
teacher training seminars in American government and civics
education, or a consortium thereof; and
(2) the term ``State higher education agency'' means the
officer or agency primarily responsible for the State
supervision of higher education.
SEC. 805. APPLICATIONS.
(a) Application Required.--Each eligible entity desiring a
grant under this title shall submit an application to the
Secretary, at such time, in such manner and containing or
accompanied by such information as the Secretary may
reasonably require.
(b) Contents of Application.--Each application submitted
pursuant to subsection (a) shall--
(1) define the learning objectives and course content of
each seminar to be held and describe the manner in which
seminar participants shall receive substantive academic
instruction in the principles, institutions and processes of
American government;
(2) provide assurances that educators successfully
participating in each seminar will qualify for either
graduate credit or professional development or advancement
credit according to the criteria established by a State or
local educational agency;
(3) describe the manner in which seminar participants shall
receive exposure to a broad array of individuals who are
actively involved in the political process, including
political party representatives drawn equally from the major
political parties, as well as representatives of other
organizations involved in the political process;
(4) provide assurances that the seminars will be conducted
on a nonpartisan basis;
(5) describe the manner in which the seminars will address
the role of minorities or Native Americans in the American
political process, including such topics as--
(A) the history and current political state of minorities
or Native Americans;
(B) recent research on minority or Native American
political socialization patterns and cognitive learning
styles; and
(C) studies of political participation patterns of
minorities or Native Americans;
(6) describe the pedagogical elements for teachers that
will enable teachers to develop effective strategies and
lesson plans for teaching minorities or Native American
students at the elementary and secondary school levels;
(7) identify the eligible entities which will conduct the
seminars for which assistance is sought;
(8) in the case that the eligible entity is an institution
of higher education, describe the plans for collaborating
with national organizations in American government and civics
education;
(9) provide assurances that during the academic year
educators participating in the summer seminars will provide
inservice training programs based upon what such educators
have learned and the curricular materials such educators have
developed or acquired for their peers in their school systems
with the approval and support of their school administrators;
and
(10) describe the activities or services for which
assistance is sought, including activities and services such
as--
(A) development of seminar curricula;
(B) development and distribution of instructional
materials;
(C) scholarships for participating teachers; and
(D) program assessment and evaluation.
(c) Priority.--The Secretary, in approving applications for
assistance under this title, shall give priority to
applications which demonstrate that--
(1) the applicant will serve teachers who teach in schools
with a large number or concentration of economically
disadvantaged students;
(2) the applicant has demonstrated national experience in
conducting or coordinating accredited summer seminars in
American government or civics education for elementary and
secondary school teachers;
(3) the applicant will coordinate or conduct seminars on a
national or multistate basis through a collaboration with an
institution of higher education, State higher education
agency or a public or private nonprofit organization, with
experience in coordinating or conducting teacher training
programs in American government and civics education;
(4) the applicant will coordinate or conduct seminars
designed for more than one minority student population and
for Native Americans; and
(5) the applicant will coordinate or conduct seminars that
offer a combination of academic instruction in American
government, exposure to the practical workings of the
political system, and training in appropriate pedagogical
techniques for working with minority and Native American
students.
TITLE IX--EDUCATIONAL RESEARCH AND IMPROVEMENT
SEC. 901. SHORT TITLE.
This title may be cited as the ``Educational Research,
Development, Dissemination, and Improvement Act of 1994''.
SEC. 902. FINDINGS.
The Congress finds as follows with respect to improving
education in the United States:
(1) A majority of public schools in the United States are
failing to prepare students to achieve the National Education
Goals. The Federal Government should support an extensive
program of educational research, development, dissemination,
replication and assistance to identify and support the best
responses for the challenges ahead. A significant investment
in attaining a deeper understanding of the processes of
learning and schooling and developing new ideas holds the
best hope of making a substantial difference to the lives of
every student in the United States. The Office of Educational
Research and Improvement within the Department of Education
should be at the center of this campaign in order to
coordinate such efforts.
(2) The Federal role in educational research has been
closely identified with youths who are socioeconomically
disadvantaged, are minorities, belong to a language
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minority, or have a disability. The Federal commitment to
education was sufficient to serve not more than--
(A) in 1993, 1 out of every 6 low-income children in need
of preschool education;
(B) in 1990, 3 out of every 5 children in need of
remediation;
(C) in 1991, 1 out of every 5 children in need of bilingual
education; and
(D) in 1992, 1 out of every 20 youths eligible for
assistance under the Job Training Partnership Act.
(3) The failure of the Federal Government to adequately
invest in educational research and development has denied the
United States a sound foundation of knowledge on which to
design school improvements. The educational achievement of
minority children is of particular concern because at least
half of the public school students in 25 of the largest
cities of the United States are minority children, and
demographers project that, by the year 2005, almost all urban
public school students will be minority children or other
children in poverty.
(4) The investment goal of the Federal research,
development, and dissemination function should be at least 1
percent of the total amount of funds spent on educationally.
(5) Nationwide model programs and reliable interventions
should be demonstrated and replicated, and for such purposes,
programs should be established to conduct research and
evaluations, and to disseminate information.
(6) The Office should develop a national dissemination
policy that will advance the goal of placing a national
treasure chest of research results, models, and materials at
the disposal of the education decisionmakers of the United
States.
(7) A National Educational Research Policy and Priorities
Board should be established to work collaboratively with the
Assistant Secretary to forge a national consensus with
respect to a long-term agenda for educational research,
development, dissemination, and the activities of the Office.
(8) Existing research and development entities should adopt
expanded, proactive roles and new institutions should be
created to promote knowledge development necessary to
accelerate the application of research findings to high
priority areas.
(9) Greater use should be made of existing technologies in
efforts to improve the educational system of the United
States, including efforts to disseminate research findings.
(10) Minority educational researchers are inadequately
represented throughout the Department of Education, but
particularly in the Office. The Office therefore should
assume a leadership position in the recruitment, retention,
and promotion of qualified minority educational researchers.
(11) The coordination of the mission of the Office with
that of other components of the Department of Education is
critical. The Office should improve the coordination of the
educational research, development, and dissemination function
with those of other Federal agencies.
PART A--GENERAL PROVISIONS REGARDING THE OFFICE OF EDUCATIONAL RESEARCH
AND IMPROVEMENT
SEC. 911. REPEAL.
(a) Repeal.--Section 405 of the General Education
Provisions Act (20 U.S.C. 1221e) is repealed.
(b) Conforming Amendment.--The second sentence of section
209 of the Department of Education Organization Act (20
U.S.C. 3419) is amended by inserting ``and such functions as
set forth in the Educational Research, Development,
Dissemination, and Improvement Act of 1994'' after
``delegate''.
SEC. 912. OFFICE OF EDUCATIONAL RESEARCH AND IMPROVEMENT.
(a) Declaration of Policy Regarding Educational
Opportunity.--
(1) In general.--The Congress declares it to be the policy
of the United States to provide to every individual an equal
opportunity to receive an education of high quality
regardless of race, color, religion, sex, age, disability,
national origin, or social class. Although the American
educational system has pursued this objective, it has not
been attained. Inequalities of opportunity to receive high
quality education remain pronounced. To achieve the goal of
quality education requires the continued pursuit of knowledge
about education through research, development, improvement
activities, data collection, synthesis, technical assistance,
and information dissemination. While the direction of
American education remains primarily the responsibility of
State and local governments, the Federal Government has a
clear responsibility to provide leadership in the conduct and
support of scientific inquiry into the educational process.
(2) Mission of office.--
(A) The mission of the Office shall be to provide national
leadership in--
(i) expanding fundamental knowledge and understanding of
education;
(ii) promoting excellence and equity in education; and the
achievement of the National Educational Goals by spurring
reform in the school systems of the United States;
(iii) promoting the use and application of research and
development to improve practice in the classroom; and
(iv) monitoring the state of education.
(B) The mission of the Office shall be accomplished in
collaboration with researchers, teachers, school
administrators, parents, students, employers, and
policymakers.
(b) Purpose and Structure of Office.--
(1) In general.--The Secretary, acting through the Office,
shall carry out the policies set forth in subsection (a). In
carrying out such policies, the Office shall be guided by the
Research Priorities Plan developed by the Assistant Secretary
working collaboratively with the Board and which has been
approved by the Board.
(2) Administrative structure.--The Office shall be
administered by the Assistant Secretary and shall include--
(A) the National Educational Research Policy and Priorities
Board established by section 921;
(B) the national research institutes established by section
931;
(C) the national education dissemination system established
by section 941;
(D) the National Center for Education Statistics; and
(E) such other units as the Secretary deems appropriate to
carry out the purposes of the Office.
(3) Authorized activities.--
(A) Office.--In fulfilling its purposes under this section,
the Office is authorized to--
(i) conduct and support education-related research
activities, including basic and applied research,
development, planning, surveys, assessments, evaluations,
investigations, experiments, and demonstrations of national
significance;
(ii) disseminate the findings of education research, and
provide technical assistance to apply such information to
specific problems at school sites;
(iii) collect, analyze, and disseminate data related to
education, and to library and information services;
(iv) promote the use of knowledge gained from research and
statistical findings in schools, other educational
institutions, and communities;
(v) provide training in education research; and
(vi) promote the coordination of education research and
research support within the Federal Government, and otherwise
assist and foster such research.
(c) Appointment of Employees.--
(1) In general.--The Assistant Secretary may appoint, for
terms not to exceed three years (without regard to the
provisions of title 5, United States Code, governing
appointment in the competitive service) and may compensate
(without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates) such
scientific or technical employees of the Office as the
Assistant Secretary considers necessary to accomplish its
functions, provided that--
(A) at least 30 days prior to the appointment of any such
employee, public notice is given of the availability of such
position and an opportunity is provided for qualified
individuals to apply and compete for such position;
(B) the rate of basic pay for such employees does not
exceed the maximum rate of basic pay payable for positions at
GS-15, as determined in accordance with section 5376 of title
5, United States Code;
(C) the appointment of such employee is necessary to
provide the Office with scientific or technical expertise
which could not otherwise be obtained by the Office through
the competitive service; and
(D) the total number of such employees does not exceed one-
fifth of the number of full-time, regular scientific or
professional employees of the Office.
(2) Reappointment of employees.--The Assistant Secretary
may reappoint employees described in paragraph (1) upon
presentation of a clear and convincing justification of need,
for one additional term not to exceed 3 years. All such
employees shall work on activities of the Office and shall
not be reassigned to other duties outside the Office during
their term.
(d) Authority To Publish.--
(1) In general.--The Assistant Secretary is authorized to
prepare and publish such information, reports, and documents
as may be of value in carrying out the purposes of this title
without further clearance or approval by the Secretary or any
other office of the Department of Education.
(2) Quality assurance.--In carrying out such authority, the
Assistant Secretary shall--
(A) establish such procedures as may be necessary to assure
that all reports and publications issued by the Office are of
the highest quality; and
(B) provide other offices of the Department of Education
with an opportunity to comment upon any report or publication
prior to its publication when its contents relate to matters
for which such office has responsibility.
(e) Biennial Report on Activities of Office.--The Assistant
Secretary shall transmit to the President and the Congress by
not later than December 30 of every other year a report which
shall consist of--
(1) a description of the activities carried out by and
through each research institute during the fiscal years for
which such report is prepared and any recommendations and
comments regarding such activities as the Assistant Secretary
considers appropriate;
(2) a description of the activities carried out by and
through the national education dissemination system
established by section 941 during the fiscal years for which
such report is prepared and any recommendations and comments
regarding such activities as the Assistant Secretary
considers appropriate;
[[Page 347]]
(3) such written comments and recommendations as may be
submitted by the Board concerning the activities carried out
by and through each of the institutes and the national
education dissemination system during the fiscal years for
which such report is prepared;
(4) a description of the coordination activities undertaken
pursuant to subsection (g) during the fiscal years for which
such report is prepared;
(5) recommendations for legislative and administrative
changes necessary to improve the coordination of all
educational research, development, and dissemination
activities carried out within the Federal Government; and
(6) such additional comments, recommendations, and
materials as the Assistant Secretary considers appropriate.
(f) Research Priorities Plan.--
(1) In general.--Working collaboratively with the Board,
the Assistant Secretary shall--
(A) survey and assess the state of knowledge in education
research, development and dissemination to identify
disciplines and areas of inquiry in which the state of
knowledge is insufficient and which warrant further
investigation, taking into account the views of both
education researchers and practicing educators;
(B) consult with the National Education Goals Panel and
other authorities on education to identify national
priorities for the improvement of education;
(C) actively solicit recommendations from education
researchers, teachers, school administrators, cultural
leaders, parents, and others throughout the United States
through such means as periodic regional forums;
(D) provide recommendations for the development,
maintenance, and assurance of a strong infrastructure for
education, research, and development in the United States;
and
(E) on the basis of such recommendations, develop a
research priorities program which shall recommend priorities
for the investment of the resources of the Office over the
next 5-, 10-, and 15-year periods, including as priorities
those areas of inquiry in which further research, development
and dissemination--
(i) is necessary to attain the National Education Goals;
(ii) promises to yield the greatest practical benefits to
teachers and other educators in terms of improving education;
and
(iii) will not be undertaken in sufficient scope or
intensity by the other Federal and non-Federal entities
engaged in education research and development.
(2) Contents of plan.--(A) The research and priorities plan
described in paragraph (1) shall, at a minimum--
(i) set forth specific objectives which can be expected to
be achieved as a result of a Federal investment in the
priorities set forth in the plan;
(ii) include recommendations with respect to research and
development on cross-cutting issues which should be carried
out jointly by 2 or more of the research institutes; and
(iii) include an evaluative summary of the educational
research and development activities undertaken by the Federal
government during the preceding 2 fiscal years, which shall
describe--
(I) what has been learned as a result of such activities;
(II) how such new knowledge or understanding extends or
otherwise relates to what had been previously known or
understood;
(III) the implications of such new knowledge or
understanding for educational practice and school reform; and
(IV) any development, reform, and other assistance
activities which have utilized such knowledge or
understanding and the effects of such efforts.
(B) Report.--(i) Not later than 6 months after the first
meeting of the Board and by October 1 of every second year
thereafter, the Assistant Secretary shall publish a report
specifying the proposed research priorities of the Office and
allow a 60-day period beginning on the date of the
publication of the report for public comment and suggestions.
(ii) Not later than 90 days after the expiration of the 60-
day period referred to in clause (i), the Assistant Secretary
shall submit to the Board a report specifying the proposed
research priorities of the Office and any public comment and
suggestions obtained under such subparagraph for the Board's
review and approval.
(g) Coordination.--With the advice and assistance of the
Board, the Assistant Secretary shall work cooperatively with
the Secretary and the other Assistant Secretaries of the
Department of Education to establish and maintain an ongoing
program of activities designed to improve the coordination of
education research, development, and dissemination and
activities within such Department and within the Federal
Government to--
(1) minimize duplication in education research,
development, and dissemination carried out by the Federal
Government;
(2) maximize the value of the total Federal investment in
education research, development, and dissemination; and
(3) enable entities engaged in education research,
development, and dissemination within the Federal Government
to interact effectively as partners and take full advantage
of the diverse resources and proficiencies which each entity
has available.
(h) Activities Required With Respect to Coordination.--In
carrying out such program of coordination, the Assistant
Secretary shall compile (and thereafter regularly maintain)
and make available a comprehensive inventory of education
research, development, dissemination activities, and
expenditures being carried out by the Federal Government.
(i) Standards for the Conduct and Evaluation of Research.--
(1) In general.--In consultation with the Board, the
Assistant Secretary shall develop such standards as may be
necessary to govern the conduct and evaluation of all
research, development, and dissemination activities carried
out by the Office to assure that such activities meet the
highest standards of professional excellence. In developing
such standards, the Assistant Secretary shall review the
procedures utilized by the National Institutes of Health, the
National Science Foundation, and other Federal departments or
agencies engaged in research and development and shall also
actively solicit recommendations from research organizations
and members of the general public.
(2) Contents of standards.--Such standards shall at a
minimum--
(A) require that a process of open competition be used in
awarding or entering into all grants, contracts, and
cooperative agreements under this title;
(B) require that a system of peer review be utilized by the
Office--
(i) for reviewing and evaluating all applications for
grants and cooperative agreements and bids for those
contracts which exceed $100,000;
(ii) for evaluating and assessing the performance of all
recipients of grants from and cooperative agreements and
contracts with the Office; and
(iii) for reviewing and designating exemplary and promising
programs in accordance with section 941(d);
(C) describe the general procedures which shall be used by
each peer review panel in its operations;
(D)(i) describe the procedures which shall be utilized in
evaluating applications for grants, proposed cooperative
agreements, and contract bids; and
(ii) specify the criteria and factors which shall be
considered in making such evaluations;
(E) describe the procedures which shall be utilized in
reviewing educational programs which have been identified by
or submitted to the Secretary for evaluation in accordance
with section 941(d); and
(F) require that the performance of all recipients of
grants from and contracts and cooperative agreements with the
Office shall be periodically evaluated, both during and at
the conclusion of their receipt of assistance.
(3) Publication and promulgation of standards.--
(A) The Assistant Secretary shall publish proposed
standards--
(i) which meet the requirements of subparagraphs (A), (B),
(C), and (D) of paragraph (2) not later than 1 year after the
date of the enactment of this title;
(ii) which meet the requirements of paragraph (2)(E) not
later than 2 years after such date; and
(iii) which meet the requirements of subparagraph (F) of
paragraph (2) not later than 3 years after such date.
(B) Following the publication of such proposed standards,
the Assistant Secretary shall solicit comments from
interested members of the public with respect to such
proposed standards for a period of not more than 120 days.
After giving due consideration to any comments which may have
been received, the Assistant Secretary shall transmit such
standards to the Board for its review and approval.
(C) Upon the approval of the Board, the Assistant Secretary
shall transmit final standards to the Secretary which meet
the requirements of the particular subparagraphs of paragraph
(2) for which such standards were developed. Such standards
shall be binding upon all activities carried out with funds
appropriated pursuant to subsection (m).
(j) Additional Responsibilities of the Assistant
Secretary.--In carrying out the activities and programs of
the Office, the Assistant Secretary--
(1) shall be guided by the Research Priorities Plan
developed by the Assistant Secretary working collaboratively
with the Board and which has been approved by the Board;
(2) shall ensure that there is broad and regular public and
professional involvement from the educational field in the
planning and carrying out of the Office's activities,
including establishing teacher advisory boards for any
program office, program or project of the Office as the
Assistant Secretary deems necessary and involving Indian and
Alaska Native researchers and educators in activities that
relate to the education of Indian and Alaska Native people;
(3) shall ensure that the selection of research topics and
the administration of the program are free from undue
partisan political influence;
(4) shall ensure that all statistics and other data
collected and reported by the Office shall be collected,
cross-tabulated, analyzed, and reported by sex within race or
ethnicity and socioeconomic status whenever feasible (and
when such data collection or analysis is not feasible, ensure
that the relevant report or document includes an expla-
[[Page 348]]
nation as to why such data collection or analysis is not
feasible);
(5) is authorized to administer funds to support a single
project when more than 1 Federal agency uses funds to support
such project, and the Assistant Secretary may act for all
such agencies in administering such funds; and
(6) is authorized to offer information and technical
assistance to State and local educational agencies, school
boards, and schools, including schools funded by the Bureau,
to ensure that no student is--
(A) denied access to the same rigorous, challenging
curriculum that such student's peers are offered; or
(B) grouped or otherwise labeled in such a way that may
impede such student's achievement.
(k) Independent Evaluations.--The Secretary shall enter
into one or more contracts for the conduct of an independent
evaluation of the effectiveness of the implementation of the
provisions of this title. Such evaluations shall be
transmitted to the Congress, the President, and the Assistant
Secretary not later than 54 months after the date of the
enactment of this title.
(l) Definitions.--For purposes of this title, the following
definitions apply:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary for Educational Research and
Improvement established by section 202 of the Department of
Education Organization Act.
(2) At-risk student.--The term ``at-risk student'' means a
student who, because of limited English proficiency, poverty,
race, geographic location, or economic disadvantage, faces a
greater risk of low educational achievement or reduced
academic expectations.
(3) Board.--The term ``Board'' means the National
Educational Research Policy and Priorities Board.
(4) Development.--The term ``development''--
(A) means the systematic use, adaptation, and
transformation of knowledge and understanding gained from
research to create alternatives, policies, products, methods,
practices, or materials which can contribute to the
improvement of educational practice; and
(B) includes the design and development of prototypes and
the testing of such prototypes for the purposes of
establishing their feasibility, reliability, and cost-
effectiveness.
(5) Dissemination.--The term ``dissemination'' means the
communication and transfer, through the provision of
technical assistance and other means, of the results of
research and proven practice in forms that are
understandable, easily accessible and usable or adaptable for
use in the improvement of educational practice by teachers,
administrators, librarians, other practitioners, researchers,
policymakers, and the public.
(6) Educational research.--The term ``educational
research'' includes basic and applied research, inquiry with
the purpose of applying tested knowledge gained to specific
educational settings and problems, development, planning,
surveys, assessments, evaluations, investigations,
experiments, and demonstrations in the field of education and
other fields relating to education.
(7) Field-initiated research.--The term ``field-initiated
research'' means education research in which topics and
methods of study are generated by investigators, including
teachers and other practitioners, not by the source of
funding.
(8) National education dissemination system.--The term
``national education dissemination system'' means the
activities carried out by the Office of Reform Assistance and
Dissemination established by section 941.
(9) Office.--The term ``Office'', unless otherwise
specified, means the Office of Educational Research and
Improvement established in section 209 of the Department of
Education Organization Act.
(10) National research institute.--The term ``national
research institute'' means an institute established in
section 931.
(11) Technical assistance.--The term ``technical
assistance'' means assistance in identifying, selecting, or
designing solutions based on research to address educational
problems, planning, and design that leads to adapting
research knowledge to school practice, training to implement
such solutions, and other assistance necessary to encourage
adoption or application of research.
(12) United states; state.--The terms ``United States'' and
``State'' means each of the 50 States, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, the Virgin Islands, the Commonwealth of the Northern
Mariana Islands, Palau (until the effective date of the
Compact of Free Association with the Government of Palau),
the Republic of the Marshall Islands, and the Federated
States of Micronesia.
(m) Authorization of Appropriations.--
(1) National institutes.--
(A) For the purpose of carrying out section 931, there is
authorized to be appropriated $68,000,000 for fiscal year
1995.
(B)(i) For the purpose of carrying out the provisions of
section 931 relating to the National Institute on Student
Achievement, Curriculum, and Assessment and the National
Institute on the Education of At-Risk Students, there are
authorized to be appropriated $60,000,000 for fiscal year
1996, and such sums as are necessary for each of fiscal years
1997, 1998, and 1999.
(ii) Of the total amounts appropriated pursuant to clause
(i)--
(I) 50 percent shall be used by the Assistant Secretary for
the purpose of carrying out the provisions of section 931
relating to the National Institute on the Education of At-
Risk Students; and
(II) 50 percent shall be used for the purpose of carrying
out the provisions of section 931 relating to the National
Institute on Student Achievement, Curriculum, and Assessment.
(C) For the purpose of carrying out the provisions of
section 931 relating to the National Institute on Educational
Governance, Finance, Policy-Making, and Management, there are
authorized to be appropriated $10,000,000 for fiscal year
1996, and such sums as are necessary for each of fiscal years
1997, 1998, and 1999.
(D) For the purpose of carrying out the provisions of
section 931 relating to the National Institute on Early
Childhood Development and Education, there are authorized to
be appropriated $15,000,000 for fiscal year 1996, and such
sums as are necessary for each of fiscal years 1997, 1998,
and 1999.
(E) For the purpose of carrying out the provisions of
section 931 relating to the National Institute on
Postsecondary Education, Libraries, and Lifelong Learning,
there are authorized to be appropriated $15,000,000 for
fiscal year 1996, and such sums as are necessary for each of
fiscal years 1997, 1998, and 1999.
(F) Coordination and synthesis.--The Assistant Secretary is
authorized to reserve not more than 10 percent of the total
amounts appropriated in any fiscal year pursuant to
subparagraphs (A) through (E) (but not more than 33 percent
of the amount appropriated for any single institute in any
fiscal year) for the purposes of supporting coordination and
synthesis activities described in section 931(i) or to
address other priorities which are consistent with the
Research Priorities Plan developed by the Assistant Secretary
and approved by the Board.
(2) National education dissemination system.--
(A)(i) For the purpose of carrying out paragraph (2) of
subsection (b) and subsections (c) through (g) of section
941, there are authorized to be appropriated $23,000,000 for
fiscal year 1995, and such sums as are necessary for each of
the fiscal years 1996 through 1999.
(ii) Of the amount appropriated under clause (i) for any
fiscal year, the Secretary shall make available not less than
$8,000,000 to carry out subsection (f) of section 941
(relating to Educational Resources Information Center
Clearinghouses).
(B) For the purpose of carrying out subsection (h) of
section 941 (relating to regional educational laboratories),
there are authorized to be appropriated $41,000,000 for
fiscal year 1995, and such sums as are necessary for each of
the fiscal years 1996 through 1999. Of the amounts
appropriated under the preceding sentence for a fiscal year,
the Secretary shall obligate not less than 25 percent to
carry out such purpose with respect to rural areas (including
schools funded by the Bureau which are located in rural
areas).
(C) For the purpose of carrying out subsection (j) of
section 941 (relating to the teacher research dissemination
demonstration program) there are authorized to be
appropriated $20,000,000 for fiscal year 1995, and such sums
as are necessary for each of the fiscal years 1996 through
1999.
(D) For the purpose of carrying out subsection (i) of
section 941 (relating to the Goals 2000 Community
Partnerships program), there are authorized to be
appropriated $30,000,000 for fiscal year 1995, $50,000,000
for fiscal year 1996, and such sums as are necessary for each
of the fiscal years 1997 and 1999.
(3) National educational research policy and priorities
board.--Of the amounts appropriated under paragraphs (1) and
(2) for any fiscal year, the Secretary shall make available 2
percent of such amounts, or $1,000,000, whichever is less,
for the purpose of supporting the activities and expenses of
the Board and the collaborative development of the Research
Priorities Plan by the Assistant Secretary and the Board.
(4) Allocations for grants, cooperative agreements, and
contracts.--Of the amounts appropriated under paragraph (1)
or (2) for any fiscal year, not less than 95 percent shall be
expended to carry out the purposes described in such
paragraphs through grants, cooperative agreements, or
contracts.
(5) Limitations on appropriations.--No amounts are
authorized to be appropriated under paragraph (1) or (2) for
fiscal year 1996 or any fiscal year thereafter unless the
Board has been appointed in accordance with section 921.
(6) Grant authorized.--
(A) In general.--From the amounts appropriated pursuant to
paragraph (1) for any fiscal year, the Secretary is
authorized, in accordance with the provisions of this
paragraph, to award a grant of not more than $5,000,000 to a
public or private institution, agency or organization for a
period not to exceed 5 years for the purpose of conducting a
State-by-State poll to determine the perceptions of recent
graduates of secondary schools, their instructors in
institutions of higher education, parents of recent such
graduates, and employers of recent such graduates on how well
schools have prepared students for further education or
employment.
(B) Matching requirement.--The grant described in
subparagraph (A) shall be awarded on a competitive basis and
shall be matched on a two-to-one basis by the recipient.
[[Page 349]]
SEC. 913. ASSISTANT SECRETARY FOR EDUCATIONAL RESEARCH AND
IMPROVEMENT.
Subsection (b) of section 202 of the Department of
Education Organization Act is amended--
(1) in paragraph (1)--
(A) by striking subparagraph (E); and
(B) by redesignating subparagraphs (F) and (G) as
subparagraphs (E) and (F), respectively; and
(2) by adding at the end the following new paragraph:
``(3) There shall be in the Department an Assistant
Secretary for Educational Research and Improvement who shall
be--
``(A) appointed by the President, by and with the consent
of the Senate; and
``(B) selected (giving due consideration to recommendations
from the National Educational Research Policy and Priorities
Board) from among individuals who--
``(i) are distinguished educational researchers or
practitioners;
``(ii) have proven management ability; and
``(iii) have substantial knowledge of education within the
United States.''.
SEC. 914. SAVINGS PROVISION.
Notwithstanding any other provision of law, contracts for
the regional educational laboratories, Educational Resources
Information Center Clearinghouses and research and
development centers and regional educational laboratories
assisted under section 405 of the General Education
Provisions Act, as such section was in effect on the day
before the date of the enactment of this title, shall remain
in effect until the termination date of such contracts.
SEC. 915. EXISTING GRANTS AND CONTRACTS.
(a) In General.--Notwithstanding any other provision of
law, grants and contracts for the research and development
centers assisted under section 405 of the General Education
Provisions Act, as such section was in effect on the day
before the date of enactment of this Act, shall remain in
effect until the termination date of such grants or
contracts, as the case may be, except that such grants and
contracts may be extended to implement the provisions of this
title.
(b) Use of Funds.--In carrying out subsection (a), the
Secretary shall use funds appropriated pursuant to section
912(m)(1).
PART B--NATIONAL EDUCATIONAL RESEARCH POLICY AND PRIORITIES BOARD
SEC. 921. ESTABLISHMENT WITHIN OFFICE OF EDUCATIONAL RESEARCH
AND IMPROVEMENT.
(a) In General.--There is established within the Office a
National Educational Research Policy and Priorities Board.
(b) Functions.--It shall be the responsibility of the Board
to--
(1) work collaboratively with the Assistant Secretary to
determine priorities that should guide the work of the Office
and provide guidance to the Congress in its oversight of the
Office;
(2) review and approve the Research Priorities Plan
developed by the Assistant Secretary in collaboration with
the Board;
(3) review and approve standards for the conduct and
evaluation of all research, development, and dissemination
carried out under the auspices of the Office pursuant to this
title; and
(4) review regularly, evaluate, and publicly comment upon,
the implementation of its recommended priorities and policies
by the Department and the Congress.
(c) Additional Responsibilities of the Board.--It shall
also be the responsibility of the Board to--
(1) provide advice and assistance to the Assistant
Secretary in carrying out the coordination activities
described in section 912;
(2) make recommendations to the Assistant Secretary of
persons qualified to fulfill the responsibilities of the
Director of each research institute established by section
931 after making special efforts to identify qualified women
and minorities and soliciting and giving due consideration to
recommendations from professional associations and interested
members of the public;
(3) advise and make recommendations to the President with
respect to individuals who are qualified to fulfill the
responsibilities of the Assistant Secretary for the Office;
(4) review and comment upon proposed contract grant, and
cooperative agreement proposals in accordance with section
931(c)(4);
(5) advise the United States on the Federal educational
research and development effort;
(6) recommend ways for strengthening active partnerships
among researchers, educational practitioners, librarians, and
policymakers;
(7) recommend ways to strengthen interaction and
collaboration between the various program offices and
components;
(8) solicit advice and information from the educational
field, to define research needs and suggestions for research
topics, and shall involve educational practitioners,
particularly teachers, in this process;
(9) solicit advice from practitioners, policymakers, and
researchers, and recommend missions for the national research
centers assisted under this title by identifying topics which
require long-term, sustained, systematic, programmatic, and
integrated research and dissemination efforts;
(10) provide recommendations for translating research
findings into workable, adaptable models for use in policy
and in practice across different settings, and
recommendations for other forms of dissemination; and
(11) provide recommendations for creating incentives to
draw talented young people into the field of educational
research, including scholars from disadvantaged and minority
groups.
(d) Standing Subcommittees.--The Board may establish a
standing subcommittee for each of the Institutes established
by section 931 and for the Office of Reform Assistance and
Dissemination established by section 941(b) which shall
advise, assist, consult with and make recommendations to the
Assistant Secretary, the Board, the Director of such entity
and the Congress on matters related to the activities carried
out by and through such entities.
(e) Powers of the Board.--In carrying out its functions,
powers, and responsibilities, the Board--
(1) shall, without regard to the provisions of title 5,
United States Code, relating to the appointment and
compensation of officers or employees of the United States,
appoint a director to be paid at a rate not to exceed the
rate of basic pay payable for level V of the Executive
Schedule who shall assist in carrying out and managing the
activities of the Board and perform such other functions the
Board determines to be necessary and appropriate;
(2) shall utilize such additional staff as may be appointed
or assigned by the Assistant Secretary;
(3) may arrange for the detail of staff personnel and
utilize the services and facilities of any department or
agency of the Federal Government;
(4) may enter into contracts, or make other arrangements as
may be necessary to carry out its functions;
(5) shall participate in any public meetings or other
activities carried out by the Assistant Secretary in the
development of the Research Priorities Plan;
(6) may review any grant, contract, or cooperative
agreement made or entered into by the Office;
(7) may, to the extent otherwise permitted by law, obtain
directly from any department or agency of the United States
such information as the Board deems necessary to carry out
its responsibilities;
(8) may convene workshops and conferences, collect data,
and establish subcommittees which may be composed of members
of the Board and nonmember consultants (including employees
of the Department of Education) with expertise in the
particular area addressed by such subcommittees; and
(9) shall establish such rules and procedures to govern its
operations as it considers appropriate, to the extent
otherwise permitted by law.
(f) Membership in General.--
(1) Qualifications.--The members of the Board shall be
individuals who, by virtue of their training, experience, and
background in educational research and the education
professions, are exceptionally qualified to appraise the
educational research and development effort of the United
States and to fulfill the responsibilities described in
subsections (b) and (c).
(2) Broad representation.--Due consideration shall be given
to the gender, race, and ethnicity of appointees to assure
that the Board is broadly representative of the diversity of
the United States.
(3) Limitation.--A voting member of the Board may not serve
on any other governing or advisory board within the
Department of Education or as a paid consultant of such
Department.
(4) Conflict of interest.--A voting member of the Board
shall be considered a special Government employee for the
purposes of the Ethics in Government Act of 1978.
(g) Secretarial Appointments.--The Board shall consist of
15 members appointed by the Secretary. Of the members of the
Board--
(1) five shall be appointed from among researchers in the
field of education who have been nominated by the National
Academy of Sciences;
(2) five shall be outstanding school-based professional
educators; and
(3) five shall be individuals who are knowledgeable about
the educational needs of the United States and may include
parents with experience in promoting parental involvement in
education, Chief State School Officers, local educational
agency superintendents, principals, members of State or local
boards of education or Bureau-funded school boards, and
individuals from business and industry with experience in
promoting private sector involvement in education.
(h) Requirements for Nominations by the National Academy of
Sciences.--
(1) In general.--In making nominations for the members of
the Board described in subsection (g)(1), the National
Academy of Sciences--
(A) shall give due consideration to recommendations from
research and education organizations;
(B) may not nominate any individual who is an elected
officer or employee of such organization; and
(C) shall nominate not less than 5 individuals for each of
the positions on the Board for which such organization has
responsibility for making nominations.
(2) Request for additional nominations.--In the event that
the Secretary determines that none of the individuals
nominated by the National Academy of Sciences meets the
qualifications for membership on the Board specified in
subsection (g), the Secretary may request that such
organization make additional nominations.
[[Page 350]]
(i) Nominations for Board Membership.--Prior to appointing
any member of the Board, the Secretary shall actively solicit
and give due consideration to recommendations from
organizations such as the National Education Association, the
American Federation of Teachers, the National Parent-Teachers
Association, the American Library Association, the American
Association of School Administrators, the National
Association of State Boards of Education, the National Indian
School Board Association, the Association of Community Tribal
Schools, the National Indian Education Association, and other
education-related organizations and interested members of the
public.
(j) Ex Officio Members.--The ex officio, nonvoting members
of the Board shall include the Assistant Secretary and may
also include--
(1) the Director of Research for the Department of Defense;
(2) the Director of Research for the Department of Labor;
(3) the Director of the National Science Foundation;
(4) the Director of the National Institutes of Health;
(5) the chair of the National Endowment for the Arts;
(6) the chair of the National Endowment for the Humanities;
(7) the Librarian of Congress; and
(8) the Director of the Office of Indian Education Programs
of the Department of the Interior.
(k) Chair.--The Board shall select a Chair from among its
appointed members who shall serve for a renewable term of 2
years.
(l) Terms of Office.--
(1) In general.--Except as provided in paragraphs (2) and
(3), the term of office of each voting member of the Board
shall be 6 years.
(2) Exceptions.--(A) Any individual appointed to fill a
vacancy occurring on the Board prior to the expiration of the
term for which the predecessor of the individual was
appointed shall be appointed for the remainder of the term. A
vacancy shall be filled in the same manner in which the
original appointment was made.
(B) The terms of office of the members of the Board who
first take office after the date of the enactment of this
title shall, as designated by a random selection process at
the time of appointment, be as follows:
(i) 3 years for each of 5 members of the Board.
(ii) 4 years for each of 5 members of the Board.
(iii) 6 years for each of 5 members of the Board.
(3) Prohibition on certain consecutive terms.--An
individual who has been a member of the Board for 12
consecutive years shall thereafter be ineligible for
appointment during the 6-year period beginning on the date of
the expiration of the 12th year.
(4) Prohibition regarding removal.--The Secretary shall
neither remove nor encourage the departure of a member of the
Board before the expiration of such member's term.
(m) Meetings of Board.--
(1) Initial meeting.--The Secretary shall ensure that the
first meeting of the Board is held not later than May 15,
1995.
(2) Subsequent meetings.--The Board shall meet quarterly,
at the call of the Chair, and when at least one-third of the
members of the Board make a written request to meet.
(3) Quorum.--A majority of the Board shall constitute a
quorum.
(4) Open meetings.--The Government in the Sunshine Act (5
U.S.C. 552b) shall apply to meetings of the Board.
PART C--NATIONAL RESEARCH INSTITUTES
SEC. 931. ESTABLISHMENT WITHIN THE OFFICE OF EDUCATIONAL
RESEARCH AND IMPROVEMENT.
(a) Establishment of Institutes.--In order to fulfill the
research and development purposes of the Office, and to carry
out a program of high-quality and rigorously evaluated
research and development that is capable of improving
Federal, State, Indian tribal, and local education policies
and practices, there are established within the Office the
following Institutes:
(1) The National Institute on Student Achievement,
Curriculum, and Assessment.
(2) The National Institute on the Education of At-Risk
Students.
(3) The National Institute on Educational Governance,
Finance, Policy-Making, and Management.
(4) The National Institute on Early Childhood Development
and Education.
(5) The National Institute on Postsecondary Education,
Libraries, and Lifelong Education.
(b) Directors.--
(1) In general.--Each Institute established by subsection
(a) shall be headed by a Director who shall be appointed by
the Assistant Secretary from among individuals who have
significant experience and expertise in the disciplines
relevant to the purposes of such Institute. The Assistant
Secretary shall give due consideration to recommendations
made by the Board of individuals qualified to fill the
position.
(2) Reporting.--Each Director shall report directly to the
Assistant Secretary regarding the activities of the Institute
and shall work with the other directors to promote research
synthesis across the Institutes.
(c) Authorities and Duties.--
(1) In general.--The Assistant Secretary is authorized to
conduct research, development, demonstration, and evaluation
activities to carry out the purposes for which such Institute
was established--
(A) directly;
(B) through grants, contracts, and cooperative agreements
with institutions of higher education, regional educational
laboratories, public and private organizations, institutions,
agencies, and individuals, or a consortium thereof, which may
include--
(i) grants to support research and development centers
which are--
(I) awarded competitively for a period of 5 years and which
may be renewed for an additional 5 years;
(II) of sufficient size, scope, and quality, and funded at
not less than $1,500,000 annually in order to support a full
range of basic research, applied research and dissemination
activities, which may also include development activities;
and
(III) established by institutions of higher education, by
institutions of higher education in consortium with public
agencies or private nonprofit organizations, or by interstate
agencies established by compact which operate subsidiary
bodies established to conduct postsecondary educational
research and development;
(ii) meritorious unsolicited proposals for educational
research and related activities;
(iii) proposals that are specifically invited or requested
by the Assistant Secretary, on a competitive basis; and
(iv) dissertation grants, awarded for a period of not more
than 2 years and in a total amount not to exceed $20,000 to
graduate students in the sciences, humanities, and the arts
to support research by such scholars in the field of
education;
(C) through the provision of technical assistance;
(D) through the award of fellowships to support graduate
study in educational research by qualified African-American,
Hispanic, American Indian and Alaska Native, and other
individuals from groups which have been traditionally
underrepresented in the field of educational research which
shall--
(i) be awarded on the basis of merit for a period of 3
years; and
(ii) provide stipends to each fellow in an amount which
shall be set at a level of support comparable to that
provided by the National Science Foundation Graduate
Fellowships, except that such amounts shall be adjusted as
necessary so as not to exceed each fellow's demonstrated
level of need; and
(E) through the award of fellowships in the Office for
scholars, researchers, policymakers, education practitioners,
librarians, and statisticians engaged in the use, collection,
and dissemination of information about education and
educational research which--
(i) shall be awarded following the biennial publication in
the Federal Register of proposed research priorities and a
period of 60 days for public comments and suggestions with
respect to such priorities;
(ii) shall be awarded competitively following the
publication of a notice in the Federal Register inviting the
submission of applications;
(iii) may include such stipends and allowances, including
travel and subsistence expenses provided under title 5,
United States Code, as the Assistant Secretary considers
appropriate;
(2) Scope and focus of activities.--In carrying out the
purposes for which each Institute is established, the
Assistant Secretary shall--
(A) maintain an appropriate balance between applied and
basic research;
(B) significantly expand the role of field-initiated
research in meeting the education research and development
needs of the United States by reserving not less than 20
percent of the amounts available to each Institute in fiscal
years 1996 and 1997 and 25 percent in fiscal years 1998 and
1999 to support field-initiated research;
(C) provide for and maintain a stable foundation of long-
term research and development on core issues and concerns
conducted through university-based research and development
centers by reserving not less than one-third of the amounts
available to each Institute in any fiscal year to support
such research and development centers;
(D) support and provide research information that leads to
policy formation by State legislatures, State and local
boards of education, schools funded by the Bureau, and other
policy and governing bodies, to assist such entities in
identifying and developing effective policies to promote
student achievement and school improvement;
(E) promote research that is related to the core content
areas;
(F) plan and coordinate syntheses that provide research
knowledge related to each level of the education system (from
preschool to postsecondary education) to increase
understanding of student performance across different
educational levels;
(G) conduct and support research in early childhood,
elementary and secondary, vocational, adult and postsecondary
education (including the professional development of
teachers) to the extent that such research is related to the
purposes for which such Institute has been established;
(H) conduct sustained research and development on improving
the educational achievement of poor and minority individuals
as an integral part of its work; and
(I) coordinate the Institute's activities with the
activities of the regional educational laboratories and with
other educational service organizations in designing the
Institute's research agenda and projects
[[Page 351]]
in order to increase the responsiveness of such Institute to
the needs of teachers and the educational field and to bring
research findings directly into schools to ensure greatest
access at the local level to the latest research
developments.
(3) Requirements regarding financial assistance.--No grant,
contract, or cooperative agreement may be made under this
title unless--
(A) sufficient notice of the availability of, and
opportunity to compete for, assistance has first been
provided to potential applicants through notice published in
the Federal Register or other appropriate means;
(B) such grant, contract, or agreement has been evaluated
through peer review in accordance with the standards
developed pursuant to 912(i);
(C) such grant, contract, or agreement will be evaluated in
accordance with the standards developed pursuant to section
912(i);
(D) in the case of a grant, contract, or cooperative
agreement which exceeds $500,000 for a single fiscal year or
$1,000,000 for more than one fiscal year, the Secretary has
complied with the requirements of paragraph (4); and
(E) in the case of a grant, contract, or cooperative
agreement to support a research and development center, all
applications for such assistance have been evaluated by
independent experts according to standards and criteria which
include--
(i) whether applicants have assembled a group of high
quality researchers sufficient to achieve the mission of the
center;
(ii) whether the proposed organizational structure and
arrangements will facilitate achievement of the mission of
the center;
(iii) whether there is a substantial staff commitment to
the work of the center;
(iv) whether the directors and support staff will devote a
majority of their time to the activities of the center;
(v) review of the contributions of primary researchers
(other than researchers at the proposed center) to evaluate
the appropriateness of such primary researcher's experiences
and expertise in the context of the proposed center
activities, and the adequacy of such primary researcher's
time commitment to achievement of the mission of the center;
and
(vi) the manner in which the results of education research
will be disseminated for further use, including how the
center will work with the Office of Reform Assistance and
Dissemination.
(4) Board review of certain proposed grant and contract
actions.--The Assistant Secretary may not solicit any
contract bid or issue a request for proposals or applications
for any grant or cooperative agreement the amount of which
exceeds $500,000 in any single fiscal year or which exceeds
an aggregate amount of $1,000,000 for more than one fiscal
year unless the Board has had an opportunity to review such
proposed grant, contract, or cooperative agreement and to
provide written comments to the Assistant Secretary with
respect to whether--
(A) the purposes and scope of the proposed action are
consistent with the Research Priorities Plan; and
(B) the methodology and approach of the proposed action are
sound and adequate to achieve the objectives of such grant,
contract, or cooperative agreement.
(5) Historically underutilized researchers and
institutions.--The Assistant Secretary shall establish and
maintain initiatives and programs to increase the
participation in the activities of each Institute of groups
of researchers and institutions that have been historically
underutilized in Federal educational research activities,
including--
(A) researchers who are women, African-American, Hispanic,
American Indian and Alaska Native, or other ethnic
minorities;
(B) promising young or new researchers in the field, such
as postdoctoral students and recently appointed assistant or
associate professors;
(C) Historically Black Colleges and Universities, Tribally
Controlled Community Colleges, and other institutions of
higher education with large numbers of minority students;
(D) institutions of higher education located in rural
areas; and
(E) institutions and researchers located in States and
regions of the United States which have historically received
the least Federal support for educational research and
development.
(6) Additional authorities.--The Assistant Secretary--
(A) may obtain (in accordance with section 3109 of title 5
but without regard to the limitation in such section on the
period of service) the services of experts or consultants
with scientific or professional qualifications in the
disciplines relevant to the purposes of such Institute;
(B) may use, with their consent, the services, equipment,
personnel, information, and facilities of other Federal,
State, or local public agencies, with or without
reimbursement therefore; and
(C) may accept voluntary and uncompensated services.
(d) National Institute on Student Achievement, Curriculum,
and Assessment.--
(1) Findings.--The Congress finds as follows:
(A) The current achievement levels of students in the
United States are far below those that might indicate
competency in challenging subject matter in core content
areas.
(B) During the last 20 years, relatively little changed in
how students were taught. Despite much research suggesting
better alternatives, classrooms continue to be dominated by
textbooks, teacher lectures, short-answer activity sheets,
and unequal patterns of student attention.
(C) Despite progress in narrowing the gaps, the differences
in performance between Caucasian students and their minority
counterparts remain unacceptably large. While progress has
been made in reducing the gender gap in mathematics, such gap
still remains at higher levels of problem solving. Too little
progress has been made in reducing gender performance gaps
favoring males in science and females in writing.
(2) Purpose.--The purpose of the National Institute on
Student Achievement, Curriculum, and Assessment is to carry
out a coordinated and comprehensive program of research and
development to provide research-based leadership to the
United States as it seeks to improve student achievement in
core content areas and the integration of such areas. Such
program shall--
(A) identify, develop, and evaluate innovative and
exemplary methods to improve student knowledge at all levels
in the core content areas, such as--
(i) student learning and assessment in various subject
matters;
(ii) the effects of organizational patterns on the delivery
of instruction, including issues of grouping and tracking,
ungraded classrooms, and on the effects of various
pedagogies, including the issues of technology in education;
(iii) standards for what students should known and be able
to do, particularly standards of desired performance set to
internationally competitive levels;
(iv) methods to improve the process of reading, the craft
of writing, the growth of reasoning skills, and the
development of information-finding skills;
(v) enabling students to develop higher order thinking
skills;
(vi) methods to teach effectively all students in mixed-
ability classrooms;
(vii) curriculum, instruction, and assessment, in
vocational education and school-to-work transition;
(viii) the impact and effectiveness of Federal, State, and
local efforts to provide gender-fair educational
opportunities to elementary and secondary students;
(ix) programs, policies, approaches which promote gender
equity in elementary and secondary education;
(x) improving the working conditions of teachers and other
educational practitioners, which may include such topics as--
(I) teacher isolation;
(II) professional resources available to teachers;
(III) continuing educational and professional opportunities
available to teachers;
(IV) physical facilities and equipment, such as office
space, telephone, computer access, and fax machines and
television cable access available to teachers in the work
environment;
(V) opportunities for teachers to share information and
resources with other teachers and education professionals;
(VI) opportunities for advanced learning experience; and
(VII) the reduction of stress in the teaching profession;
(xi) curriculum development designed to meet challenging
standards, including State efforts to develop such
curriculum;
(xii) the need for, and methods of delivering, teacher
education, development, and inservice training;
(xiii) educational methods and activities to reduce and
prevent violence in schools;
(xiv) the use of technology in learning, teaching and
testing; and
(xv) other topics relevant to the mission of the institute;
(B) conduct basic and applied research in the areas of
human learning, cognition, and performance, including
research and development on the education contexts which
promote excellence in learning and instruction, and
motivational issues related to learning;
(C) identify, develop, and evaluate programs designed to
enhance academic achievement and narrow racial and gender
performance gaps in a variety of subject areas, including
research and development on methods of involving parents in
their children's education and ways to involve business,
industry and other community partners in promoting excellence
in schools; and
(D) include a comprehensive, coordinated program of
research and development in the area of assessment which--
(i) addresses issues such as--
(I) the validity, reliability, generalizability, costs,
relative merits, and most appropriate uses of various
approaches and methods of assessing student learning and
achievement;
(II) methods and approaches to assessing student
opportunities to learn (including the quality of instruction
and the availability of resources necessary to support
learning) and evaluating the quality of school environment;
(III) the impact of high-stakes uses of assessment on
student performance and motivation, narrowing of curriculum,
teaching practices, and test integrity;
(IV) the impact of various methods of assessment on
children of different races, ethnicities, gender,
socioeconomic status, and English language proficiencies, and
children with other special needs;
[[Page 352]]
(V) standards of performance, quality, and validity for
various methods of assessment and the means by which such
standards should be developed;
(VI) current and emerging testing practices of State and
local education agencies within the United States, as well as
other nations;
(VII) the diverse effects, both intended and unintended, of
assessments as actually used in the schools, including
effects on curriculum and instruction, effects on equity in
the allocation of resources and opportunities, effects on
equity of outcomes, effects on other procedures and standards
for judging students and practitioners and possible inflation
of test scores;
(VIII) identifying and evaluating how students with
limited-English proficiency and students with disabilities
are included and accommodated in the various assessment
programs of State and local education agencies;
(IX) the feasibility and validity of comparing or equating
the results of different assessments;
(X) test security, accountability, validity, reliability,
and objectivity;
(XI) relevant teacher training and instruction in giving a
test, scoring a test, and in the use of test results to
improve student achievement;
(XII) developing, identifying, or evaluating new
educational assessments, including performance-based and
portfolio assessments which demonstrate skill and a command
of knowledge; and
(XIII) other topics relevant to the purposes of the
Institute; and
(ii) may reflect recommendations made by the National
Education Goals Panel.
(e) National Institute on the Education of At-Risk
Students.--
(1) Findings.--The Congress finds as follows:
(A) The rate of decline in our urban schools is escalating
at a rapid pace. Student performance in most inner city
schools grows worse each year. At least half of all students
entering ninth grade fail to graduate 4 years later and many
more students from high-poverty backgrounds leave school with
skills that are inadequate for today's workplace. Student
performance in many inner city neighborhoods grows worse each
year. At least half of all students entering ninth grade fail
to graduate in 4 years. In 1992, the average National
Assessment of Educational Progress reading score of Caucasian
17 year-olds was approximately 25 points higher than that of
African American 17 year-olds and 20 points higher than that
of Hispanic 17 year-olds.
(B) Rural schools enroll a disproportionately large share
of the poor and at-risk students of the United States and yet
often lack the means to address effectively the needs of
these children. Intensive efforts should be made to overcome
the problems of geographic isolation, declining population,
inadequate financial resources and other impediments to the
educational success of children residing in rural areas.
(C) By the year 2000, an estimated 3,400,000 school age
children with limited-English proficiency will be entering
the school system. The Federal Government should develop
effective policies and programs to address the educational
needs of this growing population of children who are at
increased risk of educational failure.
(D) An educational emergency exists in those urban and
rural areas where there are large concentrations of children
who live in poverty. The numbers of disadvantaged children
will substantially increase by the year 2020, when the number
of impoverished children alone will be 16,500,000, a 33
percent increase over the 12,400,000 children in poverty in
1987.
(E) American Indian and Alaska Native students have high
dropout, illiteracy and poverty rates, and experience
cultural, linguistic, social and geographic isolation. The
estimated 400,000 Indian and Alaska Native student population
from over 500 Indian and Alaska Native tribes, is small and
scattered throughout remote reservations and villages in 32
States, and in off-reservation rural and urban communities
where Indians constitute but a small percentage of public
school student bodies. To meaningfully address the special
educational needs of this historically under-served
population, the existing research and development system
should be opened to Indian and Alaska Native people to
identify needs and design ways to address such needs.
(F) Minority scholars as well as institutions and groups
that have been historically committed to the improvement of
the education of at-risk students need to be more fully
mobilized in the effort to develop a new generation of
programs, models, practices, and schools capable of
responding to the urgent needs of students who are
educationally at-risk.
(2) Purpose.--It shall be the purpose of the Institute on
the Education of At-Risk Students to carry out a coordinated
and comprehensive program of research and development to
provide nonpartisan, research-based leadership to the United
States as it seeks to improve educational opportunities for
at-risk students. Such program shall--
(A) undertake research necessary to provide a sound basis
from which to identify, develop, evaluate, and assist others
to replicate and adapt interventions, programs, and models
which promote greater achievement and educational success by
at-risk students, such as--
(i) methods of instruction and educational practices
(including community services) which improve the achievement
and retention of at-risk students;
(ii) the quality of educational opportunities afforded at-
risk students, particularly the quality of educational
opportunities afforded such students in highly concentrated
urban areas and sparsely populated rural areas;
(iii) methods for overcoming the barriers to learning that
may impede student achievement;
(iv) innovative teacher training and professional
development methods to help at-risk students meet challenging
standards;
(v) methods to improve the quality of the education of
American Indian and Alaska Native students not only in
schools funded by the Bureau, but also in public elementary
and secondary schools located on or near Indian reservations,
including--
(I) research on mechanisms to facilitate the establishment
of tribal departments of education that assume responsibility
for all education programs of State educational agencies
operating on an Indian reservation and all education programs
funded by the Bureau on an Indian reservation;
(II) research on the development of culturally appropriate
curriculum for American Indian and Alaska Native students,
including American Indian and Alaska Native culture,
language, geography, history and social studies, and
graduation requirements related to such curriculum;
(III) research on methods for recruiting, training and
retraining qualified teachers from American Indian and Alaska
Native communities, including research to promote flexibility
in the criteria for certification of such teachers;
(IV) research on techniques for improving the educational
achievement of American Indian and Alaska Native students,
including methodologies to reduce dropout rates and increase
graduation by such students; and
(V) research concerning the performance by American Indian
and Alaska Native students of limited-English proficiency on
standardized achievement tests, and related factors;
(vi) means by which parents and community resources and
institutions (including cultural institutions) can be
utilized to support and improve the achievement of at-risk
students;
(vii) the training of teachers and other educational
professionals and paraprofessionals to work more effectively
with at-risk students;
(viii) the most effective uses of technology in the
education of at-risk students;
(ix) programs designed to promote gender equity in schools
that serve at-risk students;
(x) improving the ability of classroom teachers and schools
to assist new and diverse populations of students in
successfully assimilating into the classroom environment;
(xi) methods of assessing the achievement of students which
are sensitive to cultural differences, provide multiple
methods of assessing student learning, support student
acquisition of higher order capabilities, and enable
identification of the effects of inequalities in the
resources available to support the learning of children
throughout the United States;
(xii) other topics relevant to the purpose of the
Institute; and
(B) maximize the participation of those schools and
institutions of higher education that serve the greatest
number of at-risk students in inner city and rural areas, and
on Indian reservations, including model collaborative
programs between schools and school systems, institutions of
higher education, cultural institutions, and community
organizations.
(3) Consultation with indian and alaska native educators.--
All research and development activities supported by the
Institute which relate to the education of Indian and Alaska
Native students shall be developed in close consultation with
Indian and Alaska Native researchers and educators, tribally
controlled community colleges, tribal departments of
education, and others with expertise in the needs of Indian
and Native Alaska students.
(f) National Institute on Early Childhood Development and
Education.--
(1) Findings.--The Congress finds as follows:
(A) Despite efforts to expand and improve preschool
programs, many children still reach school age unprepared to
benefit from formal education programs.
(B) Early intervention for disadvantaged children from
birth to age five has been shown to be a highly cost-
effective strategy for reducing later expenditures on a wide
variety of health, developmental, and educational problems
that often interfere with learning. Long-term studies of the
benefits of preschool education have a demonstrated return on
investment ranging from three to six dollars for every one
dollar spent.
(C) The Federal government should play a central role in
providing research-based information on early childhood
education models which enhance children's development and
ultimately their success in school.
(2) Purpose.--The purpose of the National Institute on
Early Childhood Development and Education is to carry out a
comprehensive program of research and development to provide
nonpartisan, research-based leadership to the United States
as it seeks to improve early childhood development and
education. Such program shall undertake research necessary to
provide a sound basis from which to identify, develop,
evaluate,
[[Page 353]]
and assist others to replicate methods and approaches that
promise to improve early childhood development and education,
such as--
(A) social and educational development of infants,
toddlers, and preschool children;
(B) the role of parents and the community in promoting the
successful social and educational development of children
from birth to age five;
(C) topics relating to children's readiness to learn, such
as prenatal care, nutrition, and health services;
(D) family literacy and parental involvement in student
learning;
(E) methods for integrating learning in settings other than
the classroom, particularly within families and communities;
(F) practices and approaches which sustain the benefits of
effective preschool and child care programs;
(G) effective learning methods and curriculum for early
childhood learning, including access to current materials in
libraries;
(H) the importance of family literacy and parental
involvement in student learning;
(I) effective teaching and learning methods, and
curriculum;
(J) instruction that considers the cultural environment of
children;
(K) access to current materials in libraries;
(L) the impact that outside influences have on learning,
including television, and drug and alcohol abuse;
(M) the structure and environment of early childhood
education and child care settings which lead to improved
social and educational development;
(N) training and preparation of teachers and other
professional and paraprofessional preschool and child care
workers;
(O) the use of technology, including methods to help
parents instruct their children; and
(P) other topics relevant to the purpose of the Institute.
(3) Certain requirements.--In carrying out the activities
of the Institute, the Assistant Secretary shall ensure that
the Institute's research and development program provides
information that can be utilized in improving the major
Federal early childhood education programs.
(g) National Institute on Educational Governance, Finance,
Policy-Making, and Management.--
(1) Findings.--The Congress finds as follows:
(A) Many elementary and secondary schools in the United
States--
(i) are structured according to models that are ineffective
and rely on notions of management and governance that may be
outdated or insufficient for the challenges of the next
century; and
(ii) are unsuccessful in equipping all students with the
knowledge and skills needed to succeed as citizens and in the
working world.
(B) New approaches are needed in the governance and
management of elementary and secondary education within the
United States at the State, local, school building and
classroom level.
(C) Not enough is known about the effects of various
systems of school governance and management on student
achievement to provide sound guidance to policymakers as such
policymakers pursue school restructuring and reform.
(D) A concentrated Federal effort is needed to support
research, development, demonstration, and evaluation of
approaches to school governance, finance and management which
promise to improve education equity and excellence throughout
the United States.
(2) Purpose.--It shall be the purpose of the National
Institute on Educational Governance, Finance, Policy-Making,
and Management to carry out a coordinated and comprehensive
program of research and development to provide nonpartisan,
research-based leadership to the United States as it seeks to
improve student achievement through school restructuring and
reform. Such program shall undertake research necessary to
provide a sound basis from which to identify, develop and
evaluate approaches in elementary and secondary school
governance, finance, policy-making, and management at the
State, local, tribal, school building and classroom level
which promise to improve educational equity and excellence,
such as--
(A) open enrollment programs, public school choice, magnet
schools and other systems through which parents may select
the public schools and educational programs in which their
children are enrolled;
(B) innovative school design, including lengthening the
school day and the school year, reducing class size and
building professional development into the weekly school
schedule and, as appropriate, conducting such further
research as may be recommended or suggested by the report
issued by the National Education Commission on Time and
Learning pursuant to section 102 of the Education Council Act
of 1991 (20 U.S.C. 1221-1 note);
(C) effective approaches to organizing learning;
(D) effective ways of grouping students for learning so
that a student is not labeled or stigmatized in ways that may
impede such student's achievement;
(E) effective approaches to organizing, structuring, and
financing vocational education;
(F) the provision of financial and other rewards and
incentives to schools and educators based on performance to
improve student achievement;
(G) the use of regulatory flexibility on the State or
school district level to promote innovation and school
restructuring;
(H) policy decisions at all levels and the impact of such
decisions on school achievement and other student outcomes;
(I) the effective use of dollars for classroom
construction;
(J) expanding the role of teachers in policymaking and
administration at the school and school district-wide level;
(K) disparity in school financing among States, school
districts, schools, and schools funded by the Bureau;
(L) the use of technology in areas such as assisting in
school-based management or ameliorating the effects of
disparity in school financing among States, school districts,
and schools funded by the Bureau;
(M) the involvement of parents and families in the
management and governance of schools and the education of
their children; and
(N) effective approaches to increasing the representation
of women and minorities among leadership and management
positions in education;
(O) approaches to systemic reforms involving the
coordination of multiple policies of each level of government
to promote higher levels of student achievement;
(P) approaches to coordinated services for children;
(Q) teacher certification at the State and tribal levels;
and
(R) school-based management, shared decisionmaking and
other innovative school structures, and State and local
reforms and educational policies, which show promise for
improving student achievement;
(S) policies related to school-to-work transitions and
preparing non-college-bound students; and
(T) other topics relevant to the mission of the Institute.
(h) National Institute on Postsecondary Education,
Libraries, and Lifelong Learning.--
(1) Findings.--The Congress finds as follows:
(A) The American system of postsecondary education is
foremost in the world in such system's achievement of both
academic excellence and equity in access, but maintaining
that preeminence requires renewed efforts to strengthen the
quality of postsecondary education. Disappointing student
performance on achievement tests and licensure examinations,
declining rates of postsecondary education persistence and
completion among minorities, and other troubling trends in
the quality of postsecondary education should be addressed by
the United States as part of its overall drive to improve
American education.
(B) The need to improve our economic productivity of the
United States to meet the competitive challenges of a new,
international economy, coupled with high levels of mobility
in the United States labor market and demographic changes in
the workforce, now demands more and higher quality programs
of learning and training in the American workplace.
(C) The more than 1,000,000 men and women incarcerated in
the prisons and jails in the United States are among the most
severely educationally disadvantaged in the United States,
with high rates of functional illiteracy and extremely low
levels of educational attainment. Since an estimated 90
percent of these individuals are expected to be released by
the end of the decade, the United States must act to assure
that our correctional system has the means to equip these
Americans with the knowledge and skills they will need to
participate productively in our society.
(D) The development of a ``Nation of Students'' capable of
and committed to the pursuit of formal and informal lifelong
learning and literacy is essential to sustain both national
and individual economic success and to provide a nurturing
environment in which all children and youth can learn and
achieve. Historically the most effective community resource
for lifelong learning, the public library system of the
United States should expand and restructure its delivery of
services to take full advantage of the potential of new
information technologies to meet the needs of learning
communities.
(2) Purpose.--The purpose of the National Institute on
Postsecondary Education, Libraries, and Lifelong Learning is
to promote greater coordination of Federal research and
development on issues related to adult learning and to carry
out a program of research and development in adult learning
to provide nonpartisan, research-based leadership to the
United States as it seeks to improve libraries, postsecondary
education, literacy, and lifelong learning throughout the
United States. Such program--
(A) shall only support research and development in those
areas of postsecondary education, libraries, literacy, and
lifelong learning which are not being addressed by other
entities within the Federal Government;
(B) may include basic and applied research, development,
replication, and evaluation activities in areas such as--
(i) methods of assessing and evaluating individual,
program, and institutional performance;
(ii) the uses and applications of new technologies to
improve program effectiveness and enhance student learning;
(iii) the most effective training methods for adults to
upgrade education and vocational skills;
(iv) opportunities for adults to continue their education
beyond higher education and
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graduate school, in the context of lifelong learning and
information-finding skills;
(v) adult literacy and effective methods, including
technology, to eliminate illiteracy;
(vi) preparing students for a lifetime of work, the ability
to adapt through retraining to the changing needs of the work
force and the ability to learn new tasks;
(vii) the use of technology to develop and deliver
effective training methods for adults to upgrade their
education and their vocational skills; and
(viii) institutional and classroom policies and practices
at the postsecondary level necessary to improve
matriculation, persistence, achievement and graduation by
students who are economically disadvantaged, ethnic and
racial minorities, women, older, working, and who have
children;
(ix) instructional practices and programs which are
effective in correctional settings;
(x) new models of service delivery for public library
systems which expand opportunities for lifelong learning;
(xi) effective programs and approaches which promote
greater access to and success by minorities in postsecondary
programs which prepare such minorities for scientific,
technical, teaching, and health career fields;
(xii) effective teaching for the preparation and continuing
education of teachers;
(xiii) the development and evaluation of curricular
materials for the initial and continuing education of
teachers and teacher educators;
(xiv) the role of Historically Black Colleges and
Universities, Tribally-Controlled Indian Community Colleges,
women's colleges, and other special mission institutions in
providing access, excellence, and equal opportunity in higher
education;
(xv) methods for evaluating the quality of education at
different types of institutions of higher education at all
levels and the roles and responsibilities of regional and
national accrediting agencies;
(xvi) methods for evaluating the productivity of different
types of institutions of higher education;
(xvii) financial barriers to postsecondary educational
opportunity, including--
(I) the role of Federal programs authorized under title IV
of the Higher Education Act of 1965 and State grant and work
programs in mitigating such barriers;
(II) the impact of the rising total cost of postsecondary
education on access to higher education; and
(III) the extent and impact of student reliance on loans to
meet the costs of higher education;
(xviii) opportunities for adults to continue their
education beyond higher education and graduate school, in the
context of lifelong learning and information-finding skills;
and
(xix) preparing students for a lifetime of work, the
ability to adapt through retraining to the changing needs of
the work force and the ability to learn new tasks; and
(xx) other topics relevant to mission of the Institute.
(3) Involvement of certain agencies and organizations.--In
promoting coordination and collaboration on research and
development on issues related to postsecondary education,
literacy, libraries, and lifelong learning, the Institute
shall, as appropriate, seek the involvement--
(A) within the Department of Education of--
(i) the Office of Library Programs;
(ii) the Office of Correctional Education;
(iii) the Office of Vocational and Adult Education;
(iv) the National Institute on Disability and
Rehabilitation Research; and
(v) the Office of Postsecondary Education;
(B) of the National Institute for Literacy;
(C) of the National Board for Professional Teaching
Standards;
(D) of the Employment and Training Administration of the
Department of Labor;
(E) of the Administration for Children and Families within
the Department of Health and Human Services;
(F) of the National Institutes of Health;
(G) of the National Endowment for Humanities;
(H) of the National Endowment for the Arts;
(I) of the Bureau of Prisons of the Department of Justice;
(J) of the Department of Commerce;
(K) of the Department of Defense; and
(L) of the Office of Indian Education Programs of the
Department of the Interior.
(4) Additional responsibilities.--In addition to the
responsibilities described in paragraph (2), the Assistant
Secretary shall ensure that the activities of the National
Center on Literacy are fully coordinated with those of the
National Institute for Literacy.
(i) Coordination and Research Synthesis.--The Assistant
Secretary shall promote and provide for research syntheses
and the coordination of research and development activities
among the Institutes established by this section to
investigate those cross-cutting disciplines and areas of
inquiry which are relevant to the missions of more than one
of the Institutes. Such activities--
(1) may be carried out jointly by any one of the Institutes
and--
(A) one (or more) of the Institutes;
(B) the National Center for Education Statistics; or
(C) any research and development entity administered by
other offices of the Department of Education or by any other
Federal agency or department; and
(2) shall meet all the standards developed by the Assistant
Secretary and approved by the Board for other research and
development conducted by the Office.
(j) Dates for Establishment of Institutes.--The National
Institute on the Education of At-Risk Students, the National
Institute on Educational Governance, Finance, Policy-Making,
and Management, the National Institute on Early Childhood
Development and Education, the National Institute on Student
Achievement, Curriculum, and Assessment and the National
Institute on Postsecondary Education, Libraries, and Lifelong
Learning shall each be established on October 1, 1995.
PART D--NATIONAL EDUCATION DISSEMINATION SYSTEM
SEC. 941. ESTABLISHMENT WITHIN OFFICE OF EDUCATIONAL RESEARCH
AND IMPROVEMENT.
(a) In General.--
(1) Findings.--The Congress finds as follows:
(A) In order to improve the American educational system for
all students, achieve the National Education Goals, and
provide for greater educational equity, policymakers,
administrators, teachers, and parents must have ready access
to the best information and methods available as a result of
educational research and development.
(B) The Office of Educational Research and Improvement
should have as one of its primary purposes the dissemination
of such information and methods in order to assist the
national education reform effort.
(C) All current resources within the Office, the Department
of Education, and other agencies that can help accomplish the
purposes described in subparagraph (B) should be coordinated
by the Assistant Secretary, to the extent practicable, so as
to form a systematic process to accomplish such purposes.
(D) Education research has the capacity to improve teaching
and learning in our Nation's schools, however, teachers need
training in the skills necessary to translate research into
practice and to allow teachers to become knowledgeable
practitioners and leaders in educational improvement.
(E) Adequate linkages between research and development
providers and practitioners are essential to ensuring that
research on effective practice is useful, disseminated to and
supported with technical assistance for all educators, and
that all educators are partners in the research and
development process.
(2) Purpose.--The purpose of this section is to--
(A) create a national system of dissemination, development,
and educational improvement in order to create, adapt,
identify, validate, and disseminate to educators, parents,
and policymakers those educational programs that have
potential or have been shown to improve educational
opportunities for all students; and
(B) empower and increase the capacity of teachers to
participate in the research and development process.
(3) Definition of educational program.--For the purposes of
this section, the term ``educational program'' includes
educational policies, research findings, practices, and
products.
(b) Establishment of Office.--
(1) In general.--There is established within the Office an
Office of Reform Assistance and Dissemination (hereafter in
this section referred to as the ``Dissemination Office'')
through which the Secretary shall carry out all functions and
activities described in this section. Such office shall be
headed by a Director who shall be appointed by the Assistant
Secretary and have demonstrated expertise and experience in
dissemination, including promoting the effective use of
research in the classroom.
(2) Certain duties.--The Dissemination Office shall--
(A) disseminate relevant and useful research, information,
products, and publications developed through or supported by
the Department of Education to schools, educators, parents,
and policymakers throughout the United States;
(B) operate a depository for all Department of Education
publications and products and make available for reproduction
such publications and products;
(C) provide technical and financial assistance to
individuals and organizations in the process of developing
promising educational programs but who might not, without
such assistance, be able to complete necessary development
and assessment activities;
(D) coordinate the dissemination efforts of the Office, the
regional educational laboratories, the research institutes,
the National Diffusion Network, and the Educational Resources
Information Center Clearinghouses;
(E) provide training and technical assistance regarding the
implementation and adoption of exemplary and promising
programs by interested entities;
(F) carry out a program of research on models for
successful knowledge dissemination, and utilization, and
strategies for reaching education policymakers,
practitioners, and others interested in education;
(G) develop the capacity to connect schools and teachers
seeking information with the relevant regional educational
laboratories assisted under subsection (h), the National
Diffusion Network, the Institutes assisted under this
section, and the Educational Resources Information Center
Clearinghouses; and
(H) provide a biennial report to the Secretary regarding
the types of information, products, and services that
teachers, schools, and school districts have requested and
have determined to be most useful, and describe
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future plans to adapt Department of Education products and
services to address the needs of the users of such
information, products, and services.
(3) Additional duties.--The Dissemination Office shall
carry out a process for the identification of educational
programs that work, dissemination through electronic
networking and new technologies and the functions and
activities performed by the following:
(A) The Educational Resources Information Center
Clearinghouses.
(B) The regional educational laboratories.
(C) The Teacher Research Dissemination Demonstration
Program.
(D) The Goals 2000 Community Partnerships Program.
(E) The existing National Diffusion Network and its
Developer-Demonstrator and State Facilitator projects.
(F) Such other programs, activities, or entities the
Secretary determines are consistent with purposes for which
the Dissemination Office is established.
(c) Identification of Programs.--The Assistant Secretary
shall coordinate a process through which successful
educational programs are actively sought out for possible
dissemination through the national educational dissemination
system. Such process shall, at a minimum, have the capability
to--
(1) work closely with the Institutes, research and
development centers, regional educational laboratories, the
National Diffusion Network and its Developer-Demonstrator and
State Facilitator projects, learning grant institutions
established under the Goals 2000 Community Partnerships
Program, Department of Education-supported technical
assistance providers, and other entities to identify
successful educational programs at the regional, State,
local, or classroom level;
(2) review successful educational programs supported by the
Department of Education through all of its programs;
(3) through cooperative agreements, review for possible
inclusion in the system educational programs administered by
the Departments of Health and Human Services (particularly
the Head Start program), Labor, and Defense, the National
Science Foundation, the Department of the Interior
(particularly the Office of Indian Education Programs), and
any other appropriate Federal agency; and
(4) provide for an active outreach effort to identify
successful educational programs through cooperative
arrangements with State and local education agencies,
teachers and teacher organizations, curriculum associations,
foundations, private schools, institutions of higher
education, and other entities that could enhance the ability
of the Secretary to identify programs for possible inclusion
in the dissemination system.
(d) Designation of Exemplary and Promising Programs.--
(1) In general.--The Assistant Secretary, in consultation
with the Board, shall establish 1 or more panels of
appropriately qualified experts and practitioners to--
(A) evaluate educational programs that have been identified
by the Secretary under subsection (c) or that have been
submitted to the Secretary for such evaluation by some other
individual or organization; and
(B) recommend to the Secretary programs that should be
designated as exemplary or promising educational programs.
(2) Considerations in making recommendations.--In
determining whether an educational program should receive a
recommendation under paragraph (1), a panel established under
such paragraph shall consider--
(A) whether, based on empirical data, which may include
test results, the program is effective and should be
designated as exemplary and disseminated through the national
dissemination system; or
(B) whether there is sufficient evidence to lead a panel of
experts and practitioners to believe that the program shows
promise for improving student achievement and should be
designated as promising and disseminated through the national
dissemination system while the program continues to be
evaluated.
(3) Requirement regarding approval of programs.--In seeking
out programs for approval under paragraph (2), the Assistant
Secretary shall seek programs that may be implemented at the
State, local, and classroom level.
(4) Requirements regarding panels.--
(A) A panel shall not eliminate a program from
consideration under this subsection based solely on the fact
that the program does not have one specific type of
supporting data, such as test scores.
(B) The Assistant Secretary may not designate a program as
exemplary or promising unless a panel established under
paragraph (1) has recommended that the program be so
designated.
(C) The Secretary shall establish such panels under
paragraph (1) as may be necessary to ensure that each program
identified or submitted for evaluation is evaluated.
(D) Not less than \2/3\ of the membership of a panel
established under paragraph (1) shall consist of individuals
who are not officers or employees of the United States.
Members of panels under paragraph (1) who are not employees
of the United States shall receive compensation for each day
they are engaged in carrying out the duties of the panel as
well as compensation for their expenses.
(e) Dissemination of Exemplary and Promising Programs.--In
order to ensure that programs identified as exemplary or
promising are available for adoption by the greatest number
of teachers, schools, local and State education agencies, and
Bureau-funded schools, the Assistant Secretary shall utilize
the capabilities of--
(1) the Educational Resources Information Center
Clearinghouses;
(2) electronic networking;
(3) the regional educational laboratories;
(4) the National Diffusion Network;
(5) entities established under the Goals 2000 Community
Partnerships Program;
(6) department-supported technical assistance providers;
(7) the National Library of Education; and
(8) other public and private nonprofit entities, including
existing education associations and networks, that have the
capability to assist educators in adopting exemplary and
promising programs.
(f) Educational Resources Information Center
Clearinghouses.--
(1) In general.--The Assistant Secretary shall establish a
system of 16 clearinghouses having, at a minimum, the
functions and scope of work as the clearinghouses had on the
day preceding the date of the enactment of this title. The
Assistant Secretary shall establish for the clearinghouses a
policy for the abstraction from, and inclusion in, the
Educational Resources Information Center Clearinghouses
system for books, periodicals, reports, and other materials
related to education.
(2) Additional functions.--In addition to those functions
carried out by the clearinghouses on the day preceding the
date of the enactment of this title, such clearinghouses
may--
(A) periodically produce interpretive summaries, digests,
and syntheses of the results and findings of education-
related research and development; and
(B) contain and make available to users information
concerning those programs designated as exemplary and
promising under subsection (d).
(3) Coordination of activities.--The Assistant Secretary
shall assure that the functions and activities of such
clearinghouses are coordinated with the activities of the
Institutes, the regional educational laboratories, learning
grant institutions, other clearinghouses supported by the
Department of Education, the National Diffusion Network, and
other appropriate entities within the Office and such
Department.
(4) Special responsibilities of the secretary.--To assure
that the information provided through such clearinghouses is
fully comprehensive, the Secretary shall--
(A) require that all reports, studies, and other resources
produced directly or by grant or contract with the Department
of Education are made available to clearinghouses;
(B) establish cooperative agreements with the Departments
of Defense, Health and Human Services, Interior, and other
Federal departments and agencies to assure that all
education-related reports, studies, and other resources
produced directly or by grant from or contract with the
Federal Government are made available to such clearinghouses;
and
(C) devise an effective system for maximizing the
identification, synthesis, and dissemination of information
related to the needs of Indian and Alaska Native children.
(5) Copyright prohibited.--
(A) No clearinghouse or other entity receiving assistance
under this subsection may copyright or otherwise charge a
royalty or other fee that--
(i) is for the use or redissemination of any database,
index, abstract, report, or other information produced with
assistance under this subsection; and
(ii) exceeds the incremental cost of disseminating such
information.
(B) For purposes of subparagraph (A), the incremental cost
of dissemination does not include any portion of the cost of
collecting, organizing, or processing the information which
is disseminated.
(g) Dissemination Through New Technologies.--
(1) In general.--The Assistant Secretary is authorized to
award grants or contracts in accordance with this subsection
to support the development of materials, programs, and
resources which utilize new technologies and techniques to
synthesize and disseminate research and development findings
and other information which can be used to support
educational improvement.
(2) Electronic networking.--
(A) Electronic network.--The Assistant Secretary, acting
through the Office of Reform Assistance and Dissemination,
shall establish and maintain an electronic network which
shall, at a minimum, link--
(i) each office of the Department of Education;
(ii) the Institutes established by section 931;
(iii) the National Center for Education Statistics;
(iv) the National Library of Education; and
(v) entities engaged in research, development,
dissemination, and technical assistance under grant from, or
contract, or cooperative agreement with, the Department of
Education.
(B) Certain requirements for network.--The network
described in subparagraph (A) shall--
(i) to the extent feasible, build upon existing national,
regional, and State electronic networks and support video,
telecomputing, and interactive communications;
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(ii) at a minimum, have the capability to support
electronic mail and file transfer services;
(iii) be linked to and accessible to other users, including
State and local education agencies, institutions of higher
education, museums, libraries, and others through the
Internet and the National Research and Education Network; and
(iv) be provided at no cost (excluding the costs of
necessary hardware) to the contractors and grantees described
in clause (v) of subparagraph (A) and to educational
institutions accessing such network through the Internet and
the National Research and Education Network.
(C) Information resources.--The Assistant Secretary, acting
through the Office of Reform Assistance and Dissemination,
may make available through the network described in
subparagraph (A)--
(i) information about grant and contract assistance
available through the Department of Education;
(ii) an annotated directory of current research and
development activities and projects being undertaken with the
assistance of the Department of Education;
(iii) information about publications published by the
Department of Education and, to the extent feasible, the full
text of such publications;
(iv) statistics and data published by the National Center
for Education Statistics;
(v) syntheses of research and development findings;
(vi) a directory of other education-related electronic
networks and databases, including information about the means
by which such networks and databases may be accessed;
(vii) a descriptive listing of materials and courses of
instruction provided by telecommunications partnerships
assisted under the Star Schools program;
(viii) resources developed by the Educational Resources
Information Center Clearinghouses;
(ix) education-related software (including video) which is
in the public domain;
(x) a listing of instructional materials available through
telecommunications to local education agencies through the
Public Broadcasting Service and State educational television
networks; and
(xi) such other information and resources the Assistant
Secretary considers useful and appropriate.
(D) Evaluations regarding other functions of network.--The
Assistant Secretary shall also undertake projects to test and
evaluate the feasibility of using the network described in
subparagraph (A) for--
(i) the submission of applications for assistance to the
Department of Education; and
(ii) the collection of data and other statistics through
the National Center for Education Statistics.
(E) Training and technical assistance.--The Assistant
Secretary, acting through the Office of Reform Assistance and
Dissemination, shall--
(i) provide such training and technical assistance as may
be necessary to enable the contractors and grantees described
in clause (v) of subparagraph (A) to participate in the
electronic network described in such subparagraph; and
(ii) work with the National Science Foundation to provide,
upon request, assistance to State and local educational
agencies, the Department of the Interior's Office of Indian
Education Programs, tribal departments of education, State
library agencies, libraries, museums, and other educational
institutions in obtaining access to the Internet and the
National Research and Education Network.
(h) Regional Educational Laboratories for Research,
Development, Dissemination, and Technical Assistance.--
(1) Regional educational laboratories.--The Assistant
Secretary shall enter into contracts with public or private
nonprofit entities to establish a networked system of not
less than 10 and not more than 12 regional educational
laboratories which serve the needs of each region of the
United States in accordance with the provisions of this
subsection. The amount of assistance allocated to each
laboratory by the Assistant Secretary shall reflect the
number of local educational agencies and the number of
school-age children within the region served by such
laboratory, as well as the cost of providing services within
the geographic area encompassed by the region.
(2) Regions.--The regions served by the regional
educational laboratories shall be the 10 geographic regions
in existence on the day preceding the date of the enactment
of this title, except that in fiscal year 1996, the Assistant
Secretary may support not more than 2 additional regional
educational laboratories serving regions not in existence on
the day preceding the date of enactment of this Act, provided
that--
(A) the amount appropriated for the regional educational
laboratories in fiscal year 1996 exceeds the amount
appropriated for the regional educational laboratories in
fiscal year 1995 by not less than $2,000,000;
(B) each such additional regional laboratory shall be
supported by not less than $2,000,000 annually;
(C) the creation of any such additional laboratory region
is announced at the time of the announcement of the
competition for contracts for all regional educational
laboratories;
(D) the creation of a regional educational laboratory that
involves the combination or subdivision of a region or
regions in existence on the day preceding the date of
enactment of this Act in which States in 1 such region are
combined with States in another such region does not result
in any region in existence on such date permanently becoming
part of a larger region, nor result in any such region
permanently subsuming another region, nor creates within the
continental United States a region that is smaller than 4
contiguous States, nor partitions a region in existence on
the day preceding the date of the enactment of this Act to
include less than 4 contiguous States included in the region
on the day preceding the date of enactment of this Act;
(E) the Assistant Secretary has published a notice in the
Federal Register inviting the public, for a period of not
less than 60 days, to make recommendations with respect to
the creation of 1 or 2 additional regional educational
laboratories;
(F) the Assistant Secretary has solicited and received
letters of support for the creation of any new region from
the Chief State School Officers and State boards of education
in each of the contiguous States that would be included in
such new region.
(3) Duties.--Each regional educational laboratory receiving
assistance under this section shall promote the
implementation of broad-based systemic school improvement
strategies and shall have as such laboratory's central
mission and primary function to--
(A) develop and disseminate educational research products
and processes to schools, teachers, local educational
agencies, State educational agencies, librarians, and schools
funded by the Bureau, as appropriate, and through such
development and dissemination, and provide technical
assistance, to help all students meet standards;
(B) develop a plan for identifying and serving the needs of
the region by conducting a continuing survey of the
educational needs, strengths, and weaknesses within the
region, including a process of open hearings to solicit the
views of schools, teachers, administrators, parents, local
educational agencies, librarians, and State educational
agencies within the region;
(C) provide technical assistance to State and local
educational agencies, school boards, schools funded by the
Bureau, as appropriate, State boards of education, schools,
and librarians;
(D) facilitate school restructuring at the individual
school level, including technical assistance for adapting
model demonstration grant programs to each school;
(E) serve the educational development needs of the region
by providing education research in usable forms in order to
promote school improvement and academic achievement and to
correct educational deficiencies;
(F) facilitate communication between educational experts,
school officials, and teachers, parents, and librarians, to
enable such individuals to assist schools to develop a plan
to meet the National Education Goals;
(G) provide training in--
(i) the field of education research and related areas;
(ii) the use of new educational methods; and
(iii) the use of information-finding methods, practices,
techniques, and products developed in connection with such
training for which the regional educational laboratory may
support internships and fellowships and provide stipends;
(H) use applied educational research to assist in solving
site-specific problems and to assist in development
activities;
(I) conduct applied research projects designed to serve the
particular needs of the region only in the event that such
quality applied research does not exist as determined by the
regional education laboratory or the Department of Education;
(J) collaborate and coordinate services with other
technical assistance providers funded by the Department of
Education;
(K) provide support and technical assistance in--
(i) replicating and adapting exemplary and promising
practices;
(ii) the development of high-quality, challenging
curriculum frameworks;
(iii) the development of valid, reliable assessments which
are linked to State, local, or Bureau-funded content and
student performance standards and reflect recent advances in
the field of educational assessment;
(iv) the improvement of professional development strategies
to assure that all teachers are prepared to teach a
challenging curriculum;
(v) expanding and improving the use of technology in
education to improve teaching and learning;
(vi) the development of alternatives for restructuring
school finance systems to promote greater equity in the
distribution of resources; and
(vii) the development of alternative administrative
structures which are more conducive to planning,
implementing, and sustaining school reform and improved
educational outcomes; and
(L) bring teams of experts together to develop and
implement school improvement plans and strategies;
(4) Networking.--In order to improve the efficiency and
effectiveness of the regional laboratories, the governing
boards of the regional laboratories shall establish and
maintain a network to--
(A) share information about the activities each laboratory
is carrying out;
(B) plan joint activities that would meet the needs of
multiple regions;
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(C) create a strategic plan for the development of
activities undertaken by the laboratories to reduce
redundancy and increase collaboration and resource-sharing in
such activities; and
(D) otherwise devise means by which the work of the
individual laboratories could serve national, as well as
regional, needs.
(5) Additional duties.--Each regional education laboratory
receiving assistance under this subsection shall carry out
the following activities:
(A) Collaborate with the Institutes established under
section 931 in order to--
(i) maximize the use of research conducted through the
Institutes in the work of such laboratory;
(ii) keep the Institutes apprised of the work of the
regional educational laboratory in the field; and
(iii) inform the Institutes about additional research needs
identified in the field.
(B) Consult with the State educational agencies and library
agencies in the region in developing the plan for serving the
region.
(C) Develop strategies to utilize schools as critical
components in reforming education and revitalizing rural
communities in the United States.
(D) Report and disseminate information on overcoming the
obstacles faced by rural educators and rural schools.
(E) Identify successful educational programs that have
either been developed by such laboratory in carrying out such
laboratory's functions or that have been developed or used by
others within the region served by the laboratory and make
such information available to the Secretary and the network
of regional laboratories so that such programs may be
considered for inclusion in the national education
dissemination system.
(6) Certain requirements.--In carrying out its
responsibilities, each regional educational laboratory
shall--
(A) establish a governing board that--
(i) reflects a balanced representation of the States in the
region, as well as the interests and concerns of regional
constituencies, and that includes teachers and education
researchers;
(ii) is the sole entity that--
(I) guides and directs the laboratory in carrying out the
provisions of this subsection and satisfying the terms and
conditions of the contract award;
(II) determines the regional agenda of the laboratory;
(III) engages in an ongoing dialogue with the Assistant
Secretary concerning the laboratory's goals, activities, and
priorities; and
(IV) determines at the start of the contract period,
subject to the requirements of this section and in
consultation with the Assistant Secretary, the mission of the
regional educational laboratory for the duration of the
contract period;
(iii) ensures that the regional educational laboratory
attains and maintains a high level of quality in the
laboratory's work and products;
(iv) establishes standards to ensure that the regional
educational laboratory has strong and effective governance,
organization, management, and administration, and employs
qualified staff;
(v) directs the regional educational laboratory to carry
out the laboratory's duties in a manner as will make progress
toward achieving the National Education Goals and reforming
schools and educational systems; and
(vi) conducts a continuing survey of the educational needs,
strengths, and weaknesses within the region, including a
process of open hearings to solicit the views of schools and
teachers.
(B) Comply with the standards developed by the Assistant
Secretary and approved by the Board under section 912.
(C) Coordinate its activities, collaborate, and regularly
exchange information with the Institutes established under
section 941, the National Diffusion Network, and its
Developer Demonstrator and State Facilitator projects,
learning grant institutions and district education agents
assisted under subsection (i), the Educational Resources
Information Center Clearinghouses, and other entities engaged
in technical assistance and dissemination activities which
are supported by other offices of the Department of
Education.
(D) Allocate the regional educational laboratory's
resources to and within each State in a manner which reflects
the need for assistance, taking into account such factors as
the proportion of economically disadvantaged students, the
increased cost burden of service delivery in areas of sparse
populations, and any special initiatives being undertaken by
State, intermediate, local educational agencies, or Bureau-
funded schools, as appropriate, which may require special
assistance from the laboratory.
(7) Evaluations.--The Assistant Secretary shall provide for
independent evaluations of each of the regional educational
laboratories in carrying out the duties described in
paragraph (1) in the third year that such laboratory receives
assistance under this subsection in accordance with the
standards developed by the Assistant Secretary and approved
by the Board and shall transmit the results of such
evaluations to the relevant committees of the Congress, the
Board, and the appropriate regional educational laboratory
board.
(8) Invitation regarding competition for awards of
assistance.--Prior to awarding a grant or entering into a
contract under this section, the Secretary shall invite
applicants, including the regional educational laboratories
in existence on the day preceding the date of enactment of
this Act, to compete for such award through notice in the
Federal Register and in the publication of the Department of
Commerce known as the Commerce Business Daily.
(9) Application for assistance.--Each application for
assistance under this subsection shall--
(A) cover not less than a 5-year period;
(B) describe how the applicant would carry out the
activities required by this subsection; and
(C) contain such additional information as the Secretary
may reasonably require.
(10) Rule of construction.--No regional educational
laboratory receiving assistance under this subsection shall,
by reason of the receipt of that assistance, be ineligible to
receive any other assistance from the Department of Education
as authorized by law or be prohibited from engaging in
activities involving international projects or endeavors.
(11) Advance payment system.--Each regional educational
laboratory shall participate in the advance payment system at
the Department of Education.
(12) Additional projects.--In addition to activities
described in paragraph (3), the Assistant Secretary, from
amounts appropriated pursuant to subsection (h), is
authorized to enter into agreements with a regional
educational laboratory for the purpose of carrying out
additional projects to enable such regional educational
laboratory to assist in efforts to achieve the National
Education Goals and for other purposes.
(13) Plan.--Not later than July 1 of each year, each
regional educational laboratory shall submit to the Assistant
Secretary a plan covering the succeeding fiscal year, in
which such laboratory's mission, activities, and scope of
work are described, including a general description of--
(A) the plans such laboratory expects to submit in the
remaining years of such laboratory's contract; and
(B) an assessment of how well such laboratory is meeting
the needs of the region.
(14) Construction.--Nothing in this subsection shall be
construed to require any modifications in the regional
educational laboratory contracts in effect on the day
preceding the date of enactment of this title.
(i) Goals 2000 Community Partnerships Program.--
(1) Purpose.--The purpose of the Goals 2000 Community
Partnerships program is to improve the quality of learning
and teaching in the most impoverished urban and rural
communities of the United States by supporting sustained
collaborations between universities, schools, businesses, and
communities which apply and utilize the results of
educational research and development.
(2) Grants for goals 2000 community partnerships.--The
Assistant Secretary is authorized to make grants to eligible
entities to support the establishment of Learning Grant
Institutions and District Education Agents and the activities
authorized under this subsection within eligible communities.
(3) Definition of eligible entity and eligible community.--
For the purposes of this subsection:
(A) The term ``eligible entity'' includes any institution
of higher education, regional educational laboratory,
National Diffusion Network project, national research and
development center, public or private nonprofit corporation,
or any consortium thereof, that--
(i) has demonstrated experience, expertise and commitment
in serving the educational needs of at-risk students; and
(ii) is, by virtue of its previous activities,
knowledgeable about the unique needs and characteristics of
the community to be served.
(B) The term ``eligible community'' means a unit of general
purpose local government (such as a city, township, or
village), a nonmetropolitan county, tribal village, or a
geographically distinct area (such as a school district,
school attendance area, ward, precinct or neighborhood), or
any group of such entities that--
(i) has a population of not less than 200,000 and not more
than 300,000; and
(ii) in which not less than one-half of the school-age
children have family incomes which are below the poverty
line, as determined by the 1990 United States Census,
participation in the National School Lunch program, or other
current, reliable data concerning family income.
(4) Goals 2000 community partnerships.--Each learning grant
institution receiving assistance under this subsection shall
establish a Goals 2000 community partnership to carry out the
activities authorized under this subsection. Such
partnership--
(A) shall include the participation of one or more local
educational agencies, institutions of higher education,
community-based organizations, parents, teachers, and the
business community;
(B) may include the participation of human, social service
and health care agencies, Head Start and child care agencies,
libraries, museums, employment and training agencies, and the
State educational agency or tribal department of education;
and
(C) shall be broadly representative of all segments of the
community in which the activities will be carried out.
(5) Comprehensive goals 2000 plan.--Each Goals 2000
Community Partnership shall develop a comprehensive plan for
assuring educational success and high achievement for
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all students in the community. Each such plan shall--
(A) adopt the National Education Goals;
(B) identify additional needs and goals for educational
improvement within the community;
(C) focus on helping all students reach challenging content
and student performance standards;
(D) be consistent with the State and local improvement
plans for system-wide education improvement developed
pursuant to title III;
(E) establish a comprehensive community-wide plan for
achieving such goals; and
(F) develop a means for measuring the progress of the
community in meeting such goals for improvement.
(6) Implementation of community-wide plan.--Each Goals 2000
Community Partnership shall, utilizing the District Education
Agent, provide assistance in implementing the community-wide
plan for educational improvement by--
(A) supporting innovation, restructuring, and continuous
improvement in educational practice by--
(i) disseminating information throughout the community
about exemplary and promising educational programs,
practices, products, and policies;
(ii) evaluating the effectiveness of federally funded
educational programs within the community and identifying
changes in such programs which are likely to improve student
achievement;
(iii) identifying, selecting and replicating exemplary and
promising educational programs, practices, products, and
policies in both in- and out-of-school settings;
(iv) applying educational research to solve specific
problems in the classroom, home and community which impede
learning and student achievement; and
(v) supporting research and development by teachers, school
administrators, and other practitioners which promise to
improve teaching and learning and the organization of
schools;
(B) improving the capacity of educators, school
administrators, child care providers and other practitioners
to prepare all students to reach challenging standards and to
attain the goals set out in the comprehensive community-wide
plan through such means as--
(i) the training of prospective and novice teachers
(including preschool and early childhood educators) in a
school setting under the guidance of master teachers and
teacher educators;
(ii) training and other activities to promote the continued
learning and professional development of experienced
teachers, related services personnel, school administrators
to assure that such teachers develop the subject matter and
pedagogical expertise needed to prepare all students to reach
challenging standards;
(iii) training and other activities to increase the ability
of prospective, novice, and experienced teachers to teach
effectively at-risk students, students with disabilities,
students with limited-English proficiency, and students from
diverse cultural backgrounds; and
(iv) programs to enhance teaching and classroom management
skills, including school-based management skills, of novice,
prospective, and experienced teachers;
(C) promoting the development of an integrated system of
service delivery to children from birth through age 18 and
their families by facilitating linkages and cooperation
among--
(i) local educational agencies;
(ii) health and social services agencies and providers;
(iii) juvenile justice and criminal justice agencies;
(iv) providers of employment training; and
(v) child care, Head Start, and other early childhood
agencies; and
(D) mobilizing the resources of the community in support of
student learning and high achievement by facilitating
effective partnerships and collaboration among--
(i) local educational agencies;
(ii) postsecondary educational institutions;
(iii) public libraries;
(iv) parents;
(v) community-based organizations, neighborhood
associations, and other civic and community organizations;
(vi) child care, Head Start, and other early childhood
agencies;
(vii) churches, synagogues and other religious
institutions;
(viii) labor organizations; and
(ix) business and industry.
(7) Additional requirements.--In carrying out its
responsibilities under this subsection, each partnership
receiving assistance under this subsection shall--
(A) appoint a District Education Agent who shall be
responsible, on a full-time basis, for directing the
implementation of the community-wide plan, who shall have
significant experience and expertise in the field of
education in--
(i) addressing the needs of at-risk students; and
(ii) conducting educational research and promoting the
application of the results of such research to educational
practice;
(B) provide for such other professional and support
personnel as may be necessary to implement the community-wide
plan under the direction of the District Education Agent; and
(C) coordinate the partnership's activities and work
cooperatively with the National Diffusion Network State
facilitators, regional educational laboratories, and other
components of the Office to utilize most effectively Federal
research, development, and dissemination resources in
implementing the community-wide plan.
(8) Application for grants.--Any eligible entity desiring a
grant under this subsection shall submit an application to
the Assistant Secretary at such time, in such manner, and
accompanied by such information as the Assistant Secretary
may reasonably require. Each such application shall--
(A) include a comprehensive plan for meeting the objectives
and requirements of this subsection; and
(B) provide evidence of support for the application from
local elected officials, the State educational agency, the
local educational agency, parents, local community leaders,
businesses, and other appropriate organizations.
(9) Priority in making grants; duration and amount of
grant.--Each grant made under this subsection shall be--
(A) awarded on a competitive basis, with first priority
given to those applications from communities with the
greatest percentage of school-age children in families with
poverty-level incomes;
(B) made for a 5-year period, with funding for the second
and each succeeding year in such period conditioned upon a
determination by the Assistant Secretary that the grant
recipient has complied with the conditions of the grants
during the previous year; and
(C) an amount equal to not less than $1,000,000 per year.
(10) Limitation of one grant per congressional district.--
Not more than one grant under this subsection shall be
awarded within a single congressional district.
(11) Technical assistance; evaluations.--In administering
the program authorized under this subsection, the Assistant
Secretary shall, either directly or through grant or contract
with an eligible nonprofit agency--
(A) upon request, provide technical assistance to eligible
entities to assist in the development of a comprehensive
community-wide plan to meet the requirements of this
subsection and in the preparation of applications for
assistance;
(B) regularly provide technical assistance to learning
grant institutions receiving assistance under this subsection
to assist with the development and implementation of the
comprehensive community-wide plan for educational
improvement;
(C) provide for an independent evaluation of the activities
assisted under this subsection, including--
(i) the impact of the Goals 2000 Community Partnerships
program on children and families within each community,
including effects on the extent of educational achievement,
rates of school retention and completion, and enrollment in
postsecondary educational programs; and
(ii) whether an intensified effort to apply and utilize
educational research within a limited geographic area
significantly improves student learning and achievement; and
(D) plan for the expansion of the Goals 2000 Community
Partnerships program throughout the remainder of the United
States beginning in fiscal year 1999.
(j) Teacher Research Dissemination Demonstration Program.--
(1) Findings.--The Congress finds that--
(A) education research, including research funded by the
Office, is not having the impact on the schools of the United
States that such research should;
(B) relevant education research and resulting solutions are
not being adequately disseminated to and used by the teachers
that need such research and solutions;
(C) there are insufficient linkages between the research
and development centers assisted under this section, the
regional educational laboratories described in subsection
(h), the National Diffusion Network State facilitators, the
Educational Resources Information Center Clearinghouses, the
comprehensive technical assistance centers assisted under the
Elementary and Secondary Education Act of 1965, and the
public schools to ensure that research on effective practice
is disseminated and technical assistance provided to all
teachers;
(D) the average teacher has little time to plan or engage
in a professional dialogue with peers about strategies for
improved learning;
(E) teachers do not have direct access to information
systems or networks;
(F) teachers have little control over what inservice
education teachers will be offered; and
(G) individual teachers are not encouraged to move beyond
the walls of their school buildings to identify and use
outside resources.
(2) Establishment.--
(A) In general.--The Secretary is authorized to make grants
to, and enter into contracts or cooperative agreements with,
public and private agencies and organizations, including
institutions of higher education, the regional education
laboratories, and the research and development centers, or
consortia thereof--
(i) to develop and carry out projects that demonstrate
effective strategies for helping elementary and secondary
education teachers, in both urban and rural areas, become
knowledgeable about, assist in the design and use of, and
use, education research, including education research carried
out under this section; and
[[Page 359]]
(ii) to develop, implement, and evaluate models for
creation of teacher research dissemination networks.
(B) Priority.--In awarding grants and entering into
contracts and cooperative agreements under subparagraph (A)
the Secretary shall give priority to entities that have
received Federal funds for research and dissemination.
(3) Applications.--
(A) In general.--An entity desiring to receive assistance
under this subsection shall submit an application to the
Secretary in such form, at such time, and containing such
information and assurances as the Secretary may require.
(B) Contents.--Each such application shall describe how the
project described in the application--
(i) was developed with the active participation of
elementary and secondary school teachers;
(ii) will include the continuing participation of
elementary and secondary school teachers in the management of
the project;
(iii) is organized around one or more significant research
topics;
(iv) will involve collaboration with entities that have
received Federal funds for research and dissemination; and
(v) will sustain over time teacher research dissemination
networks after Federal funding for such networks terminates.
(4) Use of funds.--Funds provided under this subsection may
be used--
(A) to train elementary and secondary education teachers
(particularly new teachers) about the sources of education
research findings, including research findings available
through activities supported by the Office, and how to access
and use such findings to improve the quality of instruction;
(B) to develop simple formats, both administrative and
technological, that allow elementary and secondary education
teachers easy access to and use of education research
findings;
(C) to share strategies and materials;
(D) to support professional networks;
(E) to survey teacher needs in the areas of research and
development; and
(F) for other activities designed to support elementary and
secondary education teachers in becoming knowledgeable about,
assisting in the design of, and using, educational research.
(5) Stipends.--The Secretary may provide for the payment of
such stipends (including allowances for subsistence and other
expenses for elementary and secondary teachers), as the
Secretary determines to be appropriate, to teachers
participating in the projects authorized under this
subsection.
(6) Coordination.--Recipients of funds under this
subsection shall, to the greatest extent possible, coordinate
their activities with related activities under the Elementary
and Secondary Education Act of 1965.
(7) Report.--The Secretary shall, within 5 years of the
date of enactment of this Act, submit to the Congress a
report on the effectiveness of activities assisted under this
subsection.
PART E--NATIONAL LIBRARY OF EDUCATION
SEC. 951. ESTABLISHMENT WITHIN OFFICE OF EDUCATIONAL RESEARCH
AND IMPROVEMENT.
(a) In General.--There is established within the Department
of Education a National Library of Education (hereafter in
this section referred to as the ``Library''), which shall be
maintained by the Department of Education as a governmental
activity.
(b) Functions of Library.--The functions of the Library
are--
(1) to provide a central location within the Federal
Government for information about education;
(2) to provide comprehensive reference services on matters
related to education to employees of the Department of
Education and its contractors and grantees, other Federal
employees, and members of the public; and
(3) to promote greater cooperation and resource sharing
among providers and repositories of education information in
the United States.
(c) Mission.--The mission of the Library shall be to--
(1) become a principal center for the collection,
preservation, and effective utilization of the research and
other information related to education and to the improvement
of educational achievement;
(2) strive to ensure widespread access to the Library's
facilities and materials, coverage of all education issues
and subjects, and quality control;
(3) have an expert library staff; and
(4) use modern information technology that holds the
potential to link major libraries, schools, and educational
centers across the United States into a network of national
education resources.
(d) One-Stop Information and Referral Service.--The Library
shall establish and maintain a central information and
referral service to respond to telephonic, mail and
electronic and other inquiries from the public concerning--
(1) programs and activities of the Department of Education;
(2) publications produced by the Department of Education
and, to the extent feasible, education related publications
produced by the Departments of Labor, Health and Human
Services, and other Federal departments and agencies;
(3) services and resources available to the public through
the Office, including the Educational Resources Information
Center Clearinghouses, the research institutes, and the
national education dissemination system;
(4) statistics and other information produced by the
National Center for Education Statistics; and
(5) referrals to additional sources of information and
expertise about educational issues which may be available
through educational associations and foundations, the private
sector, colleges and universities, libraries and
bibliographic databases.
The Library shall maintain and actively publicize a toll-free
telephone number through which public inquiries to the
Library may be made.
(e) Comprehensive Reference Services.--
(1) In general.--The Library shall, to the extent feasible,
provide for the delivery of a full range of reference
services on subjects related to education to employees of the
Department of Education and such Department's contractors and
grantees, other Federal employees, and members of the general
public. Such services may include--
(A) specialized subject searches;
(B) search and retrieval of electronic databases;
(C) document delivery by mail and facsimile transmission;
(D) research counseling, bibliographic instruction, and
other training services;
(E) interlibrary loan services; and
(F) selective dissemination of information services.
(2) Priority.--The Library shall first give priority in the
provision of reference services to requests made by employees
of the Department of Education.
(f) Cooperation and Resource Sharing.--The Library shall
promote greater cooperation and resource sharing among
libraries and archives with significant collections in the
area of education through means such as--
(1) the establishment of information and resource sharing
networks among such entities;
(2) the development of a national union list of education
journals held by education libraries throughout the United
States;
(3) the development of directories and indexes to textbook
and other specialized collections held by education libraries
throughout the United States; and
(4) cooperative efforts to preserve, maintain and promote
access to items of special historical value or interest.
(g) Administration.--The Library shall be administered by
an Executive Director who shall--
(1) be appointed by the Assistant Secretary from among
persons with significant training or experience in library
and information science; and
(2) be paid at not less than the minimum rate of basic pay
payable for GS-15 of the General Schedule.
(h) Task Force.--
(1) In general.--The Assistant Secretary shall appoint a
task force of librarians, scholars, teachers, parents, and
school leaders (hereafter in this paragraph referred to as
the ``Task Force'') to provide advice on the establishment of
the Library.
(2) Preparation of plan.--The Task Force shall prepare a
workable plan to establish the Library and to implement the
requirements of this section.
(3) Certain authorities.--The Task Force may identify other
activities and functions for the Library to carry out, except
that such functions shall not be carried out until the
Library is established and has implemented the requirements
of this section.
(4) Report.--The Task Force shall prepare and submit to the
Assistant Secretary not later than 6 months after the first
meeting of the Task Force a report on the activities of the
Library.
(i) Transfer of Functions.--There are hereby transferred to
the Library all functions of--
(1) the Department of Education Research Library;
(2) the Department of Education Reference Section; and
(3) the Department of Education Information Branch.
(j) Collection Development Policy.--Not later than 180 days
after the date of the enactment of this title, the Assistant
Secretary shall promulgate a comprehensive collection
development policy to govern the Library's operations,
acquisitions, and services to users. Such collection
development policy shall--
(1) be consistent with the functions of the Library
described in subsection (b);
(2) emphasize the acquisition and maintenance of a
comprehensive collection of reference materials; and
(3) avoid unnecessary duplication by putting a priority on
meeting the information needs of the Library's users through
cooperation and resource-sharing with other entities with
significant collections in the field of education.
(k) Arrearage and Preservation.--On the basis of the
collection development policy promulgated under subsection
(j), the Executive Director shall develop a multiyear plan
which shall set forth goals and priorities for actions needed
to--
(1) eliminate within 3 years the arrearage of uncataloged
books and other materials in the Library's collections; and
(2) respond effectively and systematically to the
preservation needs of the Library's collections, relying,
whenever possible, upon cooperative efforts with other
institutions to preserve and maintain the usability of books
and materials in the Library's collections.
[[Page 360]]
PART F--STAR SCHOOLS
SEC. 961. STAR SCHOOLS.
Subsection (a) of section 908 of the Star Schools
Assistance Act (20 U.S.C. 4085b(a)) is amended by striking
``greater'' and inserting ``lesser''.
PART G--OFFICE OF COMPREHENSIVE SCHOOL HEALTH EDUCATION
SEC. 971. OFFICE OF COMPREHENSIVE SCHOOL HEALTH EDUCATION.
(a) In General.--Subsection (c) of section 4605 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
3155(c)) is amended--
(1) in the matter preceding paragraph (1), by striking
``Office of the Secretary'' and inserting ``Office of
Elementary and Secondary Education''; and
(2) by adding at the end the following new paragraph:
``(4) To act as a liaison office for the coordination of
the activities undertaken by the Office under this section
with related activities of the Department of Health and Human
Services and to expand school health education research grant
programs under this section.''.
(b) Transition.--The Secretary shall take all appropriate
actions to facilitate the transfer of the Office of
Comprehensive School Health Education pursuant to the
amendment made by subsection (a).
PART H--FIELD READERS
SEC. 981. FIELD READERS.
Section 402 of the Department of Education Organization Act
(20 U.S.C. 3462) is amended--
(1) by inserting ``(a) In General.--'' before ``The
Secretary''; and
(2) by adding at the end the following new subsection:
``(b) Special Rule.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary may use not more than 1 percent of the
funds appropriated for any education program that awards such
funds on a competitive basis to pay the expenses and fees of
non-Federal experts necessary to review applications and
proposals for such funds.
``(2) Applicability.--The provisions of paragraph (1) shall
not apply to any education program under which funds are
authorized to be appropriated to pay the fees and expenses of
non-Federal experts to review applications and proposals for
such funds.''.
PART I--AMENDMENTS TO THE CARL D. PERKINS VOCATIONAL AND APPLIED
TECHNOLOGY EDUCATION ACT
SEC. 991. NATIONAL OCCUPATIONAL INFORMATION COORDINATING
COMMITTEE.
Section 422 of the Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2422) is amended--
(1) in paragraph (2) of subsection (a), by inserting
``(including postsecondary employment and training
programs)'' after ``training programs''; and
(2) in subsection (b)--
(A) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively;
(B) in the matter preceding paragraph (1) (as redesignated
in subparagraph (A)), by inserting ``the State board or
agency governing higher education,'' after ``coordinating
council,''; and
(C) in paragraph (1) (as redesignated in subparagraph
(A))--
(i) by striking ``Act and of'' and inserting ``Act, of'';
and
(ii) by inserting ``and of the State board or agency
governing higher education'' after ``Job Training Partnership
Act'';
(3) by redesignating subsection (d) as subsection (e); and
(4) by inserting after subsection (c) the following new
subsection:
``(d) Data Collection System.--In the development and
design of a system to provide data on graduation or
completion rates, job placement rates from occupationally
specific programs, licensing rates, and awards of high school
graduate equivalency diplomas (GED), each State board for
higher education shall develop a data collection system the
results of which can be integrated into the occupational
information system developed under this section.''.
TITLE X--MISCELLANEOUS
PART A--MISCELLANEOUS PROVISIONS
SEC. 1011. SCHOOL PRAYER.
No funds authorized to be appropriated under this Act may
be used by any State or local educational agency to adopt
policies that prevent voluntary prayer and meditation in
public schools.
SEC. 1012. FUNDING FOR THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT.
(a) Findings.--The Congress finds that--
(1) the Individuals with Disabilities Education Act was
established with the commitment of forty percent Federal
funding but currently receives only eight percent Federal
funding;
(2) this funding shortfall is particularly burdensome to
school districts and schools in low-income areas which serve
higher than average proportions of students with disabilities
and have fewer local resources to contribute; and
(3) it would cost the Federal Government approximately
$10,000,000,000 each year to fully fund the Individuals with
Disabilities Education Act.
(b) Sense of Congress.--It is the sense of the Congress
that the Federal Government should provide States and
communities with adequate resources under the Individuals
with Disabilities Education Act as soon as reasonably
possible, through the reallocation of noneducation funds
within the current budget monetary constraints.
SEC. 1013. NATIONAL BOARD FOR PROFESSIONAL TEACHING
STANDARDS.
Section 551 of the Higher Education Act of 1965 (20 U.S.C.
1107) is amended--
(1) in paragraph (1) of subsection (b), by striking ``the
Federal share of'';
(2) in subparagraph (B) of subsection (e)(1), by striking
``share of the cost of the activities of the Board is'' and
inserting ``contributions described in subsection (f) are'';
and
(3) by amending subsection (f) to read as follows:
``(f) Matching Funds Requirement.--
``(1) In general.--The Secretary shall not provide
financial assistance under this subpart to the Board unless
the Board agrees to expend non-Federal contributions equal to
$1 for every $1 of the Federal funds provided pursuant to
such financial assistance.
``(2) Non-federal contributions.--The non-Federal
contributions described in paragraph (1)--
``(A) may include all non-Federal funds raised by the Board
on or after January 1, 1987; and
``(B) may be used for outreach, implementation,
administration, operation, and other costs associated with
the development and implementation of national teacher
assessment and certification procedures under this
subpart.''.
SEC. 1014. FORGIVENESS OF CERTAIN OVERPAYMENTS.
(a) In General.--Notwithstanding section 1401 of the
Elementary and Secondary Education Act of 1965 or any other
provision of law--
(1) the allocation of funds appropriated for fiscal year
1993 under the Department of Education Appropriations Act,
1993, to Colfax County, New Mexico under section 1005 of the
Elementary and Secondary Education Act of 1965, and any other
allocations or grants for such fiscal year resulting from
such allocation to such county under any program administered
by the Secretary of Education, shall be deemed to be
authorized by law; and
(2) in any program for which allocations are based on
fiscal year 1993 allocations under section 1005 of such Act,
the fiscal year 1993 allocations under such section deemed to
be authorized by law in accordance with paragraph (1) shall
be used.
(b) Special Rule.--Notwithstanding subsection (a)(1) of
this section, in carrying out section 1403(a) of the
Elementary and Secondary Education Act of 1965 for fiscal
year 1994, the amount allocated to Colfax County, New Mexico
under section 1005 of such Act for fiscal year 1993 shall be
deemed to be the amount that the Secretary determines would
have been allocated under such section 1005 had the correct
data been used for fiscal year 1993.
SEC. 1015. STUDY OF GOALS 2000 AND STUDENTS WITH
DISABILITIES.
(a) Study Required.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall make appropriate
arrangements with the National Academy of Sciences or the
National Academy of Education to conduct a comprehensive
study of the inclusion of children with disabilities in
school reform activities assisted under the Goals 2000:
Educate America Act.
(2) Definition.--For purposes of this section, the term
``children with disabilities'' has the same meaning given
such term in section 602 of the Individuals with Disabilities
Education Act.
(b) Study Components.--The study conducted under subsection
(a) shall include--
(1) an evaluation of the National Education Goals and
objectives, curriculum reforms, standards, and other programs
and activities intended to achieve those goals;
(2) a review of the adequacy of assessments and measures
used to gauge progress towards meeting National Education
Goals and any national and State standards, and an
examination of other methods or accommodations necessary or
desirable to collect data on the educational progress of
children with disabilities, and the costs of such methods and
accommodations;
(3) an examination of what incentives or assistance might
be provided to States to develop improvement plans that
adequately address the needs of children with disabilities;
(4) the relation of the Goals 2000: Educate America Act to
other Federal laws governing or affecting the education of
children with disabilities; and
(5) such other issues as the National Academy of Sciences
or the National Academy of Education considers appropriate.
(c) Study Panel Membership.--Any panel constituted in
furtherance of the study to be conducted under subsection (a)
shall include consumer representatives.
(d) Findings and Recommendations.--The Secretary shall
request the National Academy of Sciences or the National
Academy of Education to submit an interim report of its
findings and recommendations to the President and Congress
not later than 12 months, and a final report not later than
24 months, from the date of the completion of procurement
relating to the study.
(e) Funding.--From funds appropriated to the Secretary for
research related to individuals with disabilities the
Secretary shall make available $600,000 for fiscal year 1994,
and such sums as may be necessary for fiscal year 1995, to
carry out this section. Amounts made available under this
subsection shall remain available until expended.
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SEC. 1016. AMENDMENTS TO SUMMER YOUTH EMPLOYMENT AND TRAINING
PROGRAM.
(a) Program Design.--
(1) Academic enrichment authorized.--Paragraph (1) of
section 253(a) of the Job Training Partnership Act (20 U.S.C.
1632(a)) is amended by inserting ``academic enrichment''
after ``remedial education,''.
(2) Required services and design.--(A) Subsection (c) of
such section 253 of the Job Training Partnership Act (20
U.S.C. 1632(c)) is amended by adding at the end the following
new paragraphs:
``(3) Basic education and preemployment training.--The
programs under this part shall provide, either directly or
through arrangements with other programs, each of the
following services to a participant where the assessment and
the service strategy indicate such services are appropriate:
``(A) Basic and Remedial Education.
``(B) Preemployment and Work Maturity Skills Training.
``(4) Integration of work and learning.--
``(A) Work experience.--Work experience provided under this
part, to the extent feasible, shall include contextual
learning opportunities which integrate the development of
general competencies with the development of academic skills.
``(B) Classroom training.--Classroom training provided
under this part shall, to the extent feasible, include
opportunities to apply knowledge and skills relating to
academic subjects to the world of work.''.
(B) Section 253 of the Job Training Partnership Act (20
U.S.C. 1632) is further amended by adding at the end the
following new subsection:
``(e) Educational Linkages.--In conducting the program
assisted under this part, service delivery areas shall
establish linkages with the appropriate educational agencies
responsible for service to participants. Such linkages shall
include arrangements to ensure that there is a regular
exchange of information relating to the progress, problems
and needs of participants, including the results of
assessments of the skill levels of participants.''.
(C) Section 254 of the Job Training Partnership Act is
amended by adding at the end the following new subsection:
``(c) Prohibition on Private Actions.--Nothing in this part
shall be construed to establish a right for a participant to
bring an action to obtain services described in the
assessment or service strategy developed under section
253(c).''.
(b) Transfer of Funds to Year Round Program.--Section 256
of the Job Training Partnership Act is amended by striking
``10 percent'' and inserting ``20 percent''.
SEC. 1017. PROTECTION OF PUPILS.
Section 439 of the General Education Provisions Act (20
U.S.C. 1232g) is amended to read as follows:
``protection of pupil rights
``Sec. 439. (a) All instructional materials, including
teacher's manuals, films, tapes, or other supplementary
material which will be used in connection with any survey,
analysis, or evaluation as part of any applicable program
shall be available for inspection by the parents or guardians
of the children.
``(b) No student shall be required, as part of any
applicable program, to submit to a survey, analysis, or
evaluation that reveals information concerning--
``(1) political affiliations;
``(2) mental and psychological problems potentially
embarrassing to the student or his family;
``(3) sex behavior and attitudes;
``(4) illegal, anti-social, self-incriminating and
demeaning behavior;
``(5) critical appraisals of other individuals with whom
respondents have close family relationships;
``(6) legally recognized privileged or analogous
relationships, such as those of lawyers, physicians, and
ministers; or
``(7) income (other than that required by law to determine
eligibility for participation in a program or for receiving
financial assistance under such program),
without the prior consent of the student (if the student is
an adult or emancipated minor), or in the case of an
unemancipated minor, without the prior written consent of the
parent.
``(c) Educational agencies and institutions shall give
parents and students effective notice of their rights under
this section.
``(d) Enforcement.--The Secretary shall take such action as
the Secretary determines appropriate to enforce this section,
except that action to terminate assistance provided under an
applicable program shall be taken only if the Secretary
determines that--
``(1) there has been a failure to comply with such section;
and
``(2) compliance with such section cannot be secured by
voluntary means.
``(e) Office and Review Board--The Secretary shall
establish or designate an office and review board within the
Department of Education to investigate, process, review, and
adjudicate violations of the rights established under this
section.''.
SEC. 1018. CONTRACEPTIVE DEVICES.
The Department of Health and Human Services and the
Department of Education shall ensure that all federally
funded programs which provide for the distribution of
contraceptive devices to unemancipated minors develop
procedures to encourage, to the extent practical, family
participation in such programs.
SEC. 1019. ASSESSMENTS.
(a) Title II.--No funds provided under title II of this Act
shall be used to develop or undertake assessments that will
be used to make decisions regarding the graduation, grade
promotion, or retention of students for 5 years after the
date of enactment of this Act.
(b) Title III.--Assessments developed with funds under
title III of this Act may be used for decisions regarding
graduation, grade promotion, or retention of students only on
the condition that students have been prepared in the content
for which the students are being assessed.
SEC. 1020. PUBLIC SCHOOLS.
Except as provided in section 310, nothing in this Act
shall be construed to authorize the use of funds under title
III of this Act to directly or indirectly benefit any school
other than a public school.
SEC. 1021. ASSESSMENT OF EDUCATIONAL PROGRESS ACTIVITIES.
Section 421(h) of the Carl D. Perkins Vocational and
Applied Technology Education Act (20 U.S.C. 2421(h)) is
amended--
(1) by inserting ``(1)'' after ``(h)''; and
(2) by inserting at the end the following:
``(2)(A) Notwithstanding any provision of section 406 of
the General Education Provisions Act, the Commissioner of
Education Statistics may authorize a State educational agency
or a consortium of such agencies to use items and data from
the National Assessment of Educational Progress for the
purpose of evaluating a course of study related to vocational
education, if the Commissioner has determined, in writing,
that such use will not--
``(i) result in the identification of characteristics or
performance of individual students or schools;
``(ii) result in the ranking or comparing of schools or
local educational agencies;
``(iii) be used to evaluate the performance of teachers,
principals, or other local educators for the purpose of
dispensing rewards or punishments; or
``(iv) corrupt or harm the use and value of data collected
for the National Assessment of Educational Progress.
``(B) Not later than 60 days after making an authorization
under subsection (a), the Commissioner shall submit to the
Committee on Education and Labor of the House of
Representatives and to the Committee on Labor and Human
Resources of the Senate, a report which contains--
``(i) a copy of the request for such authorization;
``(ii) a copy of the written determination under subsection
(a); and
``(iii) a description of the details and duration of such
authorization.
``(C) The Commissioner may not grant more than one such
authorization in any fiscal year and shall ensure that the
authorized use of items or data from the National Assessment
is evaluated for technical merit and for its affect on the
National Assessment of Educational Progress. The results of
such evaluations shall be promptly reported to the committees
specified in subparagraph (B).''.
SEC. 1022. SENSE OF THE CONGRESS.
It is the sense of the Congress that--
(1) no funds appropriated pursuant to this Act should be
expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1993 (41 U.S.C. 10a-10c,
popularly known as the ``Buy American Act'');
(2) in the case of any equipment or products that may be
authorized to be purchased with financial assistance provided
under this Act, entities receiving such assistance should, in
expending the assistance, purchase only American-made
equipment and products;
(3) in providing financial assistance under this Act, the
head of each Federal agency should provide to each recipient
of the assistance a notice describing the statement made in
subsection (a) by the Congress; and
(4) if it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing
a ``Made in America'' inscription, or any inscription with
the same meaning to any product sold in or shipped to the
United States that is not made in the United States, such
person should be ineligible to receive any contract or
subcontract made with funds provided pursuant to this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations, as such sections existed on
the date of enactment of this Act.
PART B--GUN-FREE SCHOOLS
SEC. 1031. SHORT TITLE.
This part may be cited as the ``Gun-Free Schools Act of
1994''.
SEC. 1032. GUN-FREE REQUIREMENTS IN ELEMENTARY AND SECONDARY
SCHOOLS.
The Elementary and Secondary Education Act of 1965 (20
U.S.C. 2701 et seq.) is amended--
(1) by redesignating title X as title IX;
(2) by redesignating sections 8001 through 8005 as sections
9001 through 9005, respectively; and
(3) by inserting after title VII the following new title:
``TITLE VIII--GUN-FREE SCHOOLS
``SEC. 8001. GUN-FREE REQUIREMENTS.
``(a) Requirements.--
``(1) In general.--No assistance may be provided to any
local educational agency
[[Page 362]]
under this Act unless such agency has in effect a policy
requiring the expulsion from school for a period of not less
than one year of any student who is determined to have
brought a weapon to a school under the jurisdiction of the
agency except such policy may allow the chief administering
officer of the agency to modify such expulsion requirement
for a student on a case-by-case basis.
``(2) Definition.--For the purpose of this section, the
term ``weapon'' means a firearm as such term is defined in
section 921 of title 18, United States Code.
``(b) Report to State.--Each local educational agency
requesting assistance from the State educational agency that
is to be provided from funds made available to the State
under this Act shall provide to the State, in the application
requesting such assistance--
``(1) an assurance that such local educational agency has
in effect the policy required by subsection (a); and
``(2) a description of the circumstances surrounding any
expulsions imposed under the policy required by subsection
(a), including--
``(A) the name of the school concerned;
``(B) the number of students expelled from such school; and
``(C) the types of weapons concerned.''.
PART C--ENVIRONMENTAL TOBACCO SMOKE
SEC. 1041. SHORT TITLE.
This part may be cited as the ``Pro-Children Act of 1994''.
SEC. 1042. DEFINITIONS.
As used in this part:
(1) Children.--The term ``children'' means individuals who
have not attained the age of 18.
(2) Children's services.--The term ``children's services''
means the provision on a routine or regular basis of health,
day care, education, or library services--
(A) that are funded, after the date of the enactment of
this Act, directly by the Federal Government or through State
or local governments, by Federal grant, loan, loan guarantee,
or contract programs--
(i) administered by either the Secretary of Health and
Human Services or the Secretary of Education (other than
services provided and funded solely under titles XVIII and
XIX of the Social Security Act); or
(ii) administered by the Secretary of Agriculture in the
case of a clinic (as defined in 7 CFR 246.2) under section
17(b)(6) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(b)(6)), or
(B) that are provided in indoor facilities that are
constructed, operated, or maintained with such Federal funds,
as determined by the appropriate Secretary in any enforcement
action under this title,
except that nothing in clause (ii) of subparagraph (A) is
intended to include facilities (other than clinics) where
coupons are redeemed under the Child Nutrition Act of 1966.
(3) Person.--The term ``person'' means any State or local
subdivision thereof, agency of such State or subdivision,
corporation, or partnership that owns or operates or
otherwise controls and provides children's services or any
individual who owns or operates or otherwise controls and
provides such services.
(4) Indoor facility.--The term ``indoor facility'' means a
building that is enclosed.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 1043. NONSMOKING POLICY FOR CHILDREN'S SERVICES.
(a) Prohibition.--After the date of the enactment of this
Act, no person shall permit smoking within any indoor
facility owned or leased or contracted for and utilized by
such person for provision of routine or regular kindergarten,
elementary, or secondary education or library services to
children.
(b) Additional Prohibition.--After the date of the
enactment of this Act, no person shall permit smoking within
any indoor facility (or portion thereof) owned or leased or
contracted for by such person for the provision by such
person of regular or routine health care or day care or early
childhood development (Head Start) services to children or
for the use of the employees of such person who provides such
services, except that this subsection shall not apply to--
(1) any portion of such facility that is used for inpatient
hospital treatment of individuals dependent on, or addicted
to, drugs or alcohol; and
(2) any private residence.
(c) Federal Agencies.--
(1) Kindergarten, elementary, or secondary education or
library services.--After the date of the enactment of this
Act, no Federal agency shall permit smoking within any indoor
facility operated by such agency, directly or by contract, to
provide routine or regular kindergarten, elementary, or
secondary education or library services to children.
(2) Health or day care or early childhood development
services.--After the date of the enactment of this Act, no
Federal agency shall permit smoking within any indoor
facility (or portion thereof) operated by such agency,
directly or by contract, to provide routine or regular health
or day care or early childhood development (Head Start)
services to children, except that this paragraph shall not
apply to--
(A) any portion of such facility that is used for inpatient
hospital treatment of individuals dependent on, or addicted
to, drugs or alcohol; and
(B) any private residence.
(3) Application of provisions.--The provisions of paragraph
(2) shall also apply to the provision of such routine or
regular kindergarten, elementary or secondary education or
library services in the facilities described in paragraph (2)
not subject to paragraph (1).
(d) Notice.--The prohibitions in subsections (a) through
(c) shall be incorporated by publication of a notice in the
Federal Register by the Secretary (in consultation with the
heads of other affected agencies) and by such agency heads in
funding arrangements involving the provision of children's
services administered by such heads. Such prohibitions shall
be effective 90 days after such notice is published, or 270
days after the date of the enactment of this Act, whichever
occurs first.
(e) Special Waiver.--
(1) In general.--On receipt of an application, the head of
the Federal agency may grant a special waiver to a person
described in subsection (a) who employs individuals who are
members of a labor organization and provide children's
services pursuant to a collective bargaining agreement that--
(A) took effect before the date of enactment of this Act;
and
(B) includes provisions relating to smoking privileges that
are in violation of the requirements of this section.
(2) Termination of waiver.--A special waiver granted under
this subsection shall terminate on the earlier of--
(A) the first expiration date (after the date of enactment
of this Act) of the collective bargaining agreement
containing the provisions relating to smoking privileges; or
(B) the date that is 1 year after the date of the enactment
of this Act.
(f) Civil Penalties.--
(1) In general.--Any failure to comply with a prohibition
in this section shall be a violation of this section and any
person subject to such prohibition who commits such violation
may be liable to the United States for a civil penalty in an
amount not to exceed $1,000 for each violation, or may be
subject to an administrative compliance order, or both, as
determined by the Secretary. Each day a violation continues
shall constitute a separate violation. In the case of any
civil penalty under this section, the total amount shall not
exceed the amount of Federal funds received by such person
for the fiscal year in which the continuing violations
occurred. For the purpose of the prohibition in subsection
(c), the term ``person'' shall mean the head of the
applicable Federal agency or the contractor of such agency
providing the services to children.
(2) Administrative proceeding.--A civil penalty may be
assessed in a written notice, or an administrative compliance
order may be issued, by the Secretary only after an
opportunity for a hearing in accordance with section 554 of
title 5, United States Code. Before making such assessment or
issuing such order, or both, the Secretary shall give written
notice thereof to such person by certified mail with return
receipt and provide therein an opportunity to request in
writing not later than 30 days after the date of receipt of
such notice such hearing. The notice shall reasonably
describe the violation and be accompanied with the procedures
for such hearing and a simple form to request such hearing if
such person desires to use such form. If a hearing is
requested, the Secretary shall establish by such certified
notice the time and place for such hearing which should be
located, to the greatest extent possible, at a location
convenient to such person. The Secretary (or the Secretary's
designee) and such person may consult to arrange a suitable
date and location where appropriate.
(3) Circumstances affecting penalty or order.--In
determining the amount of the civil penalty or the nature of
the administrative compliance order, the Secretary shall take
into account, as appropriate--
(A) the nature, circumstances, extent, and gravity of the
violation;
(B) with respect to the violator, any good faith efforts to
comply, the importance of achieving early and permanent
compliance, the ability to pay or comply, the effect of the
penalty or order on the ability to continue operation, any
prior history of the same kind of violation, the degree of
culpability, and any demonstration of willingness to comply
with the prohibitions of this section in a timely manner; and
(C) such other matters as justice may require.
(4) Modification.--The Secretary may, as appropriate,
compromise, modify, or remit, with or without conditions, any
civil penalty or administrative compliance order. In the case
of a civil penalty, the amount, as finally determined by the
Secretary or agreed upon in compromise, may be deducted from
any sums that the United States or its agencies or
instrumentalities owes to the person against whom the penalty
is assessed.
(5) Petition for review.--Any person aggrieved by a penalty
assessed or an order issued, or both, by the Secretary under
this section may file a petition for judicial review thereof
with the United States Court of Appeals for the District of
Columbia Circuit or for any other circuit in which the person
resides or transacts business. Such person shall provide a
copy thereof to the Secretary or the Secretary's designee.
The petition shall be filed within 30 days after the
Secretary's assessment or order, or both, are final and have
been provided to such person by certified mail. The Secretary
shall promptly provide to the court a certified copy of the
transcript of any hearing held under this section and a copy
of the notice or order.
[[Page 363]]
(6) Failure to comply.--If a person fails to pay an
assessment of a civil penalty or comply with an order, after
either or both are final under this section, or after a court
under paragraph (5) has entered a final judgment in favor of
the Secretary, the Attorney General, at the request of the
Secretary, shall recover the amount of the civil penalty
(plus interest at then currently prevailing rates from the
day either or both are final) or enforce the order in an
action brought in the appropriate district court of the
United States. In such action, the validity and
appropriateness of the penalty or order or the amount of the
penalty shall not be subject to review.
SEC. 1044. PREEMPTION.
Nothing in this part is intended to preempt any provision
of law of a State or political subdivision of a State that is
more restrictive than a provision of this part.
PART D--MIDNIGHT BASKETBALL LEAGUE TRAINING AND PARTNERSHIP
SEC. 1051. SHORT TITLE.
This part may be cited as the ``Midnight Basketball League
Training and Partnership Act''.
SEC. 1052. GRANTS FOR MIDNIGHT BASKETBALL LEAGUE TRAINING AND
PARTNERSHIP PROGRAMS.
Section 520 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 11903a) is amended--
(1) in the section heading by inserting ``AND ASSISTED''
after ``PUBLIC'';
(2) in the subsection heading for subsection (a), by
inserting ``Public Housing'' before ``Youth''; and
(3) by adding at the end the following new subsection:
``(l) Midnight Basketball League Training and Partnership
Programs.--
``(1) Authority.--The Secretary shall make grants, to the
extent that amounts are approved in appropriations Acts under
paragraph (13), to--
``(A) eligible entities to assist such entities in carrying
out midnight basketball league programs meeting the
requirements of paragraph (4); and
``(B) eligible advisory entities to provide technical
assistance to eligible entities in establishing and operating
such midnight basketball league programs.
``(2) Eligible entities.--
``(A) In general.--Subject to subparagraph (B), grants
under paragraph (1)(A) may be made only to the following
eligible entities:
``(i) Entities eligible under subsection (b) for a grant
under subsection (a).
``(ii) Nonprofit organizations providing employment
counseling, job training, or other educational services.
``(iii) Nonprofit organizations providing federally
assisted low-income housing.
``(B) Prohibition on second grants.--A grant under
paragraph (1)(A) may not be made to an eligible entity if the
entity has previously received a grant under such paragraph,
except that the Secretary may exempt an eligible advisory
entity from the prohibition under this subparagraph in
extraordinary circumstances.
``(3) Use of grant amounts.--Any eligible entity that
receives a grant under paragraph (1)(A) may use such amounts
only--
``(A) to establish or carry out a midnight basketball
league program under paragraph (4);
``(B) for salaries for administrators and staff of the
program;
``(C) for other administrative costs of the program, except
that not more than 5 percent of the grant amount may be used
for such administrative costs; and
``(D) for costs of training and assistance provided under
paragraph (4)(I).
``(4) Program requirements.--Each eligible entity receiving
a grant under paragraph (1)(A) shall establish a midnight
basketball league program as follows:
``(A) The program shall establish a basketball league of
not less than 8 teams having 10 players each.
``(B) Not less than 50 percent of the players in the
basketball league shall be residents of federally assisted
low-income housing or members of low-income families (as such
term is defined in section 3(b) of the United States Housing
Act of 1937).
``(C) The program shall be designed to serve primarily
youths and young adults from a neighborhood or community
whose population has not less than 2 of the following
characteristics (in comparison with national averages):
``(i) A substantial problem regarding use or sale of
illegal drugs.
``(ii) A high incidence of crimes committed by youths or
young adults.
``(iii) A high incidence of persons infected with the human
immunodeficiency virus or sexually transmitted diseases.
``(iv) A high incidence of pregnancy or a high birth rate,
among adolescents.
``(v) A high unemployment rate for youths and young adults.
``(vi) A high rate of high school drop-outs.
``(D) The program shall require each player in the league
to attend employment counseling, job training, and other
educational classes provided under the program, which shall
be held immediately following the conclusion of league
basketball games at or near the site of the games and at
other specified times.
``(E) The program shall serve only youths and young adults
who demonstrate a need for such counseling, training, and
education provided by the program, in accordance with
criteria for demonstrating need, which shall be established
by the Secretary, in consultation with the Advisory
Committee.
``(F) The majority of the basketball games of the league
shall be held between the hours of 10:00 p.m. and 2:00 a.m.
at a location in the neighborhood or community served by the
program.
``(G) The program shall obtain sponsors for each team in
the basketball league. Sponsors shall be private individuals
or businesses in the neighborhood or community served by the
program who make financial contributions to the program and
participate in or supplement the employment, job training,
and educational services provided to the players under the
program with additional training or educational
opportunities.
``(H) The program shall comply with any criteria
established by the Secretary, in consultation with the
Advisory Committee established under paragraph (9).
``(I) Administrators or organizers of the program shall
receive training and technical assistance provided by
eligible advisory entities receiving grants under paragraph
(8).
``(5) Grant amount limitations.--
``(A) Private contributions.--The Secretary may not make a
grant under paragraph (1)(A) to an eligible entity that
applies for a grant under paragraph (6) unless the applicant
entity certifies to the Secretary that the entity will
supplement the grant amounts with amounts of funds from non-
Federal sources, as follows:
``(i) In each of the first 2 years that amounts from the
grant are disbursed (under subparagraph (E)), an amount
sufficient to provide not less than 35 percent of the cost of
carrying out the midnight basketball league program.
``(ii) In each of the last 3 years that amounts from the
grant are disbursed, an amount sufficient to provide not less
than 50 percent of the cost of carrying out the midnight
basketball league program.
``(B) Non-federal funds.--For purposes of this paragraph,
the term `funds from non-Federal sources' includes amounts
from nonprofit organizations, public housing agencies,
States, units of general local government, and Indian housing
authorities, private contributions, any salary paid to staff
(other than from grant amounts under paragraph (1)(A)) to
carry out the program of the eligible entity, in-kind
contributions to carry out the program (as determined by the
Secretary after consultation with the Advisory Committee),
the value of any donated material, equipment, or building,
the value of any lease on a building, the value of any
utilities provided, and the value of any time and services
contributed by volunteers to carry out the program of the
eligible entity.
``(C) Prohibition on substitution of funds.--Grant amounts
under paragraph (1)(A) and amounts provided by States and
units of general local government to supplement grant amounts
may not be used to replace other public funds previously
used, or designated for use, under this section.
``(D) Maximum and minimum grant amounts.--
``(i) In general.--The Secretary may not make a grant under
paragraph (1)(A) to any single eligible entity in an amount
less than $55,000 or exceeding $130,000, except as provided
in clause (ii).
``(ii) Exception for large leagues.--In the case of a
league having more than 80 players, a grant under paragraph
(1)(A) may exceed $130,000, but may not exceed the amount
equal to 35 percent of the cost of carrying out the midnight
basketball league program.
``(E) Disbursement.--Amounts provided under a grant under
paragraph (1)(A) shall be disbursed to the eligible entity
receiving the grant over the 5-year period beginning on the
date that the entity is selected to receive the grant, as
follows:
``(i) In each of the first 2 years of such 5-year period,
23 percent of the total grant amount shall be disbursed to
the entity.
``(ii) In each of the last 3 years of such 5-year period,
18 percent of the total grant amount shall be disbursed to
the entity.
``(6) Applications.--To be eligible to receive a grant
under paragraph (1)(A), an eligible entity shall submit to
the Secretary an application in the form and manner required
by the Secretary (after consultation with the Advisory
Committee), which shall include--
``(A) a description of the midnight basketball league
program to be carried out by the entity, including a
description of the employment counseling, job training, and
other educational services to be provided;
``(B) letters of agreement from service providers to
provide training and counseling services required under
paragraph (4) and a description of such service providers;
``(C) letters of agreement providing for facilities for
basketball games and counseling, training, and educational
services required under paragraph (4) and a description of
the facilities;
``(D) a list of persons and businesses from the community
served by the program who have expressed interest in
sponsoring, or have made commitments to sponsor, a team in
the midnight basketball league; and
``(E) evidence that the neighborhood or community served by
the program meets the requirements of paragraph (4)(C).
``(7) Selection.--The Secretary, in consultation with the
Advisory Committee, shall select eligible entities that have
submitted applications under paragraph (6) to receive grants
under paragraph (1)(A). The Secretary, in consultation with
the Advisory Committee, shall establish criteria for
selection of applicants to receive such grants. The criteria
shall include a preference for selection of eligible entities
carrying out midnight basketball league programs in suburban
and rural areas.
[[Page 364]]
``(8) Technical assistance grants.--Technical assistance
grants under paragraph (1)(B) shall be made as follows:
``(A) Eligible advisory entities.--Technical assistance
grants may be made only to entities that--
``(i) are experienced and have expertise in establishing,
operating, or administering successful and effective programs
for midnight basketball and employment, job training, and
educational services similar to the programs under paragraph
(4); and
``(ii) have provided technical assistance to other entities
regarding establishment and operation of such programs.
``(B) Use.--Amounts received under technical assistance
grants shall be used to establish centers for providing
technical assistance to entities receiving grants under
paragraph (1)(A) of this subsection and subsection (a)
regarding establishment, operation, and administration of
effective and successful midnight basketball league programs
under this subsection and subsection (c)(3).
``(C) Number and amount.--To the extent that amounts are
provided in appropriations Acts under paragraph (13)(B) in
each fiscal year, the Secretary shall make technical
assistance grants under paragraph (1)(B). In each fiscal year
that such amounts are available the Secretary shall make 4
such grants, as follows:
``(i) 2 grants shall be made to eligible advisory entities
for development of midnight basketball league programs in
public housing projects.
``(ii) 2 grants shall be made to eligible advisory entities
for development of midnight basketball league programs in
suburban or rural areas.
``(iii) Each grant shall be in an amount not exceeding
$25,000.
``(9) Advisory committee.--The Secretary of Housing and
Urban Development shall appoint an Advisory Committee to
assist the Secretary in providing grants under this
subsection. The Advisory Committee shall be composed of not
more than 7 members, as follows:
``(A) Not less than 2 individuals who are involved in
managing or administering midnight basketball programs that
the Secretary determines have been successful and effective.
Such individuals may not be involved in a program assisted
under this subsection or a member or employee of an eligible
advisory entity that receives a technical assistance grant
under paragraph (1)(B).
``(B) A representative of the Center for Substance Abuse
Prevention of the Public Health Service, Department of Health
and Human Services, who is involved in administering the
grant program for prevention, treatment, and rehabilitation
model projects for high risk youth under section 509A of the
Public Health Service Act (42 U.S.C. 290aa-8), who shall be
selected by the Secretary of Health and Human Services.
``(C) A representative of the Department of Education, who
shall be selected by the Secretary of Education.
``(D) A representative of the Department of Health and
Human Services, who shall be selected by the Secretary of
Health and Human Services from among officers and employees
of such Department involved in issues relating to high-risk
youth.
``(10) Reports.--The Secretary shall require each eligible
entity receiving a grant under paragraph (1)(A) and each
eligible advisory entity receiving a grant under paragraph
(1)(B) to submit to the Secretary, for each year in which
grant amounts are received by the entity, a report describing
the activities carried out with such amounts.
``(11) Study.--To the extent amounts are provided under
appropriation Acts pursuant to paragraph (13)(C), the
Secretary shall make a grant to one entity qualified to carry
out a study under this paragraph. The entity shall use such
grant amounts to carry out a scientific study of the
effectiveness of midnight basketball league programs under
paragraph (4) of eligible entities receiving grants under
paragraph (1)(A). The Secretary shall require such entity to
submit a report describing the study and any conclusions and
recommendations resulting from the study to the Congress and
the Secretary not later than the expiration of the 2-year
period beginning on the date that the grant under this
paragraph is made.
``(12) Definitions.--For purposes of this subsection:
``(A) The term `Advisory Committee' means the Advisory
Committee established under paragraph (9).
``(B) The term `eligible advisory entity' means an entity
meeting the requirements under paragraph (8)(A).
``(C) The term `eligible entity' means an entity described
under paragraph (2)(A).
``(D) The term `federally assisted low-income housing' has
the meaning given the term in section 5126 of the Public and
Assisted Housing Drug Elimination Act of 1990.
``(E) The term ``Secretary'' unless otherwise specified,
means the Secretary of Housing and Urban Development.
``(13) Authorization of appropriations.--There are
authorized to be appropriated--
``(A) for grants under paragraph (1)(A), $2,650,000 in each
of fiscal years 1994 and 1995;
``(B) for technical assistance grants under paragraph
(1)(B), $100,000 in each of fiscal years 1994 and 1995; and
``(C) for a study grant under paragraph (11), $250,000 in
fiscal year 1994.''.
SEC. 1053. PUBLIC HOUSING MIDNIGHT BASKETBALL LEAGUE
PROGRAMS.
Section 520(c) of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C 11903a(c)) is amended by adding at the
end the following new paragraph:
``(3) Midnight basketball league programs.--Notwithstanding
any other provision of this subsection and subsection (d), a
grant under this section may be used to carry out any youth
sports program that meets the requirements of a midnight
basketball league program under subsection (l)(4) (not
including subparagraph (B) of such subsection) if the program
serves primarily youths and young adults from the public
housing project in which the program assisted by the grant is
operated.''.
And the House agree to the same.
From the Committee on Education and Labor, for consideration
of the House amendment (except title II) to the Senate
amendment, and the Senate amendment (except secs. 901-14),
and modifications committed to conference:
William D. Ford,
Dale E. Kildee,
George Miller,
Tom Sawyer,
Major R. Owens,
Jolene Unsoeld,
Jack Reed,
Tim Roemer,
Patsy Mink,
Eliot L. Engel,
Xavier Becerra,
Gene Green,
Lynn C. Woolsey,
Karen English,
Ted Strickland,
Donald M. Payne,
Carlos Romero-Barcelo,
Bill Goodling,
Steve Gunderson,
Susan Molinari,
From the Committee on Education and Labor, for consideration
of title II of the House amendment to the Senate amendment,
and secs. 901-14 of the Senate amendment, and modifications
committed to conference:
William D. Ford,
Major R. Owens,
Donald M. Payne,
Robert C. Scott,
Tom Sawyer,
Bill Goodling,
Cass Ballenger,
Bill Barrett,
Harris W. Fawell,
As additional conferees from the Committee on Energy and
Commerce, for consideration of title XII of the Senate
amendment, and modifications committed to conference:
John D. Dingell,
Henry A. Waxman,
Mike Synar,
Carlos J. Moorhead,
Thomas J. Bliley, Jr.,
As additional conferees from the Committee on Foreign
Affairs, for consideration of sec. 921 of the Senate
amendment, and modifications committed to conference:
Lee H. Hamilton,
Howard L. Berman,
Tom Lantos,
Ben Gilman,
Managers on the Part of the House.
Edward M. Kennedy,
Claiborne Pell,
Howard M. Metzenbaum,
Paul Simon,
Christopher Dodd,
Tom Harkin,
Barbara A. Mikulski,
Jeff Bingaman,
Paul Wellstone,
Harris Wofford,
Nancy Landon Kassebaum,
James M. Jeffords,
Dave Durenberger,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
On motion of Mr. FORD of Michigan, the previous question was ordered
on the conference report to its adoption or rejection.
Mr. DUNCAN moved to recommit the conference report on the bill (H.R.
1804) to improve learning and teaching by providing a national framework
for education reform; to promote the research, consensus building, and
systemic changes needed to ensure equitable educational opportunities
and high levels of educational achievement for all American students; to
provide a framework for reauthorization of all Federal education
programs; to promote the development and adoption of a voluntary
national system of skill standards and certifications; and for other
pusposes, to the committee of conference on the disagreeing votes of the
two Houses with instructions to the managers on the part of the House to
include in their conference report the provision committed to the
conference as section numbered 405, of the Senate amendment, concerning
school prayer.
By unanimous consent, the previous question was ordered on the motion
to recommit.
The question being put, viva voce,
Will the House recommit said conference report?
[[Page 365]]
The SPEAKER pro tempore, Mr. McNULTY, announced that the nays had it.
Mr. DUNCAN objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
195
When there appeared
<3-line {>
Nays
232
Para. 29.11 [Roll No. 85]
YEAS--195
Allard
Applegate
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilirakis
Bliley
Blute
Boehner
Bonilla
Browder
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Geren
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lancaster
Lazio
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
McNulty
Mica
Michel
Miller (FL)
Molinari
Montgomery
Moorhead
Myers
Nussle
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (MN)
Petri
Pombo
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Traficant
Upton
Valentine
Vucanovich
Walker
Walsh
Weldon
Wilson
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--232
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bilbray
Bishop
Blackwell
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilchrest
Gilman
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Inslee
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lantos
LaRocco
Laughlin
Leach
Lehman
Levin
Lewis (GA)
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
McCloskey
McCurdy
McDermott
McHale
McKinney
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Penny
Peterson (FL)
Pickett
Pomeroy
Porter
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Tucker
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Washington
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--6
Gallo
Mazzoli
Natcher
Pelosi
Pickle
Ridge
So the motion to recommit was not agreed to.
A motion to reconsider the vote whereby said motion was not agreed to,
was by unanimous consent, laid on the table.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. McNULTY, announced that the yeas had it.
Mr. GUNDERSON demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
306
<3-line {>
affirmative
Nays
121
Para. 29.12 [Roll No. 86]
YEAS--306
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Camp
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fawell
Fazio
Fields (LA)
Filner
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Frost
Furse
Gallegly
Gejdenson
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Glickman
Gonzalez
Goodling
Gordon
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennelly
Kildee
Kleczka
Klein
Klink
Klug
Kolbe
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
McCloskey
McCurdy
McDade
McDermott
McHale
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pomeroy
Poshard
Price (NC)
Quinn
Rahall
Ramstad
Rangel
Reed
Regula
Reynolds
Richardson
Roemer
Rogers
Ros-Lehtinen
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Snowe
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
[[Page 366]]
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Walsh
Washington
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Young (FL)
NAYS--121
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Bartlett
Barton
Bliley
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Canady
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fields (TX)
Fingerhut
Franks (NJ)
Gekas
Geren
Gingrich
Goodlatte
Goss
Grams
Hancock
Hansen
Hastert
Hefley
Herger
Hoekstra
Hoke
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kasich
Kim
King
Kingston
Knollenberg
Kyl
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Manzullo
McCandless
McCollum
McCrery
McHugh
McInnis
Mica
Michel
Miller (FL)
Moorhead
Myers
Oxley
Packard
Paxon
Penny
Pombo
Porter
Portman
Pryce (OH)
Quillen
Ravenel
Roberts
Rohrabacher
Roth
Roukema
Royce
Schaefer
Sensenbrenner
Shuster
Skeen
Smith (NJ)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Talent
Taylor (MS)
Taylor (NC)
Thomas (WY)
Vucanovich
Walker
Wolf
Young (AK)
Zeliff
Zimmer
NOT VOTING--6
Gallo
Kennedy
Mazzoli
Natcher
Pickle
Ridge
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 29.13 correct enrollment--h. con. res. 230
Mr. FORD of Michigan, by unanimous consent, submitted the following
concurrent resolution (H. Con. Res. 230):
Resolved by the House of Representatives (the Senate
concurring), That in the enrollment of the bill (H.R. 1804)
to improve learning and teaching by providing a national
framework for education reform; to promote the research,
consensus building, and systemic changes needed to ensure
equitable educational opportunities and high levels of
educational achievement for all American students; to provide
a framework for reauthorization of all Federal education
programs; to provide the development and adoption of a
voluntary national system of skill standards and
certifications; and for other purposes, the Clerk of the
House of Representatives shall make the following correction:
in section 1043(c)(1), after ``within any indoor facility''
insert ``in the United States''.
When said concurrent resolution was considered and agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
Para. 29.14 committee election--majority
Mr. HOYER, by direction of the Democratic Caucus, submitted the
following privileged resolution (H. Res. 396):
Concerning the exercise of the powers and duties of the
chairman of the Committee on Appropriations
Resolved, That the powers and duties conferred upon the
chairman of the Committee on Appropriations by the rules of
the House shall be exercised by Representative Obey of
Wisconsin, as acting chairman until otherwise ordered by the
House.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 29.15 waiving points of order against the conference report on
h.r. 3345
Mr. FROST, by direction of the Committee on Rules, called up the
following resolution (H. Res. 388):
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (H.R. 3345) to amend title 5, United States Code, to
eliminate certain restrictions on employee training; to
provide temporary authority to agencies relating to voluntary
separation incentive payments; and for other purposes. All
points of order against the conference report and against its
consideration are waived. The conference report shall be
considered as read.
When said resolution was considered.
After debate,
On motion of Mr. FROST, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. McNULTY, announced that the yeas had it.
Mr. SENSENBRENNER objected to the vote on the ground that a quorum was
not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
253
When there appeared
<3-line {>
Nays
170
Para. 29.16 [Roll No. 87]
YEAS--253
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilman
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Klein
Klink
Kopetski
Kreidler
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Ravenel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Walsh
Washington
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
NAYS--170
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Coppersmith
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
[[Page 367]]
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Weldon
Young (FL)
Zeliff
Zimmer
NOT VOTING--10
Flake
Gallo
Hayes
Jefferson
Kleczka
LaFalce
Mazzoli
Natcher
Pickle
Ridge
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 29.17 federal workforce restructuring
Mr. CLAY, pursuant to House Resolution 388, called up the following
conference report (Rept. No. 103-435):
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the Senate to the amendment
of the House to the amendment of the Senate to the bill (H.R.
3345), to provide temporary authority to Government agencies
relating to voluntary separation incentive payments, and for
other purposes, having met, after full and free conference,
have agreed to recommend and do recommend to their respective
Houses as follows:
That the House recede from its disagreement to the
amendments of the Senate numbered 2, 3, and 4, and agree to
the same.
Amendment numbered 1:
That the House recede from its disagreement to the
amendment of the Senate numbered 1, and agree to the same
with an amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SEC. 6. MONITORING AND REPORT RELATING TO VOLUNTARY
SEPARATION INCENTIVE PAYMENTS.
No later than December 31st of each fiscal year, the Office
of Personnel Management shall submit to the Committee on
Governmental Affairs of the Senate and the Committee on Post
Office and Civil Service of the House of Representatives a
report which, with respect to the preceding fiscal year,
shall include--
(1) the number of employees who received a voluntary
separation incentive payment under section 3 during such
preceding fiscal year;
(2) the agency from which each such employee separated;
(3) at the time of separation from service by each such
employee--
(A) such employee's grade or pay level; and
(B) the geographic location of such employee's official
duty station, by region, State, and city (or foreign nation,
if applicable); and
(4)(A) the number of waivers made (in the repayment upon
subsequent employment) by each agency or other authority
under section 3 or the amendments made by section 8; and
(B) the title and the grade or pay level of the position
filled by the employee to whom such waiver applied.
SEC. 7. DISLOCATION PAYMENTS FOR CERTAIN CONTRACTOR
PERSONNEL.
(a) Payment.--No later than October 31, 1994, the Director
of the National Aeronautics and Space Administration shall
pay $5,000 to each full-time contractor employee who--
(1) was hired, under a contract relating to the Advanced
Solid Rocket Motor Program, by--
(A) Lockheed Missiles and Space Company;
(B) Aerojet Corporation, Advanced Solid Rocket Motor
Division; or
(C) Rust Corporation;
(2) was separated from employment in Yellow Creek,
Mississippi, as a result of the termination of the Advanced
Solid Rocket Motor Program; and
(3)(A) had been hired locally at Yellow Creek, Mississippi;
or
(B) based on the separation referred to in paragraph (2),
was eligible, but elected not, to be relocated.
(b) Offset.--No payment made under this section shall be
offset against the severance costs of a contractor.
(c) Source of Payments.--Payments under this section shall
be from funds appropriated under the subheading ``space
flight, control and data communications'' under the heading
``National Aeronautics and Space Administration'' under title
III of the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations
Act, 1994 (Public Law 103-124; 107 Stat. 1299).
(d) Limitation on Payments.--The amount of total payments
made under this section may not exceed $1,000,000.
And the Senate agree to the same.
From the Committee on Post Office and Civil Service for
consideration of the Senate amendments to the House
amendment, and modifications committed to conference:
William Clay,
Frank McCloskey,
Eleanor H. Norton,
Constance Morella,
From the Committee on the Judiciary, for consideration of
Senate amendment numbered 1 and modifications committed to
conference:
Jack Brooks,
From the Committee on Government Operations, for
consideration of Senate amendment numbered 1 and
modifications committed to conference:
John Conyers,
Edolphus Towns,
From the Committee on Rules, for consideration of Senate
amendment numbered 1 and modifications committed to
conference:
Butler Derrick,
Anthony C. Beilenson,
Managers on the Part of the House.
John Glenn,
David Pryor,
Jim Sasser,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
On motion of Mr. CLAY, the previous question was ordered on the
conference report to its adoption or rejection.
Mr. CASTLE moved to recommit the conference report on the bill (H.R.
3345) to amend title 5, United States Code, to eliminate certain
restrictions on employee training; to provide temporary authority to
agencies relating to voluntary separation incentive payments, and for
other purposes, to the committee of conference with instructions to the
managers on the part of the House to agree to provisions committed to
conference in the Senate amendment numbered 1, to the House amendment to
the Senate amendment.
By unanimous consent, the previous question was ordered on the motion
to recommit.
The question being put, viva voce,
Will the House recommit said conference report?
The SPEAKER pro tempore, Mr. McNULTY, announced that the nays had it.
Mr. CASTLE objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
166
When there appeared
<3-line {>
Nays
261
Para. 29.18 [Roll No. 88]
YEAS--166
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lancaster
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
[[Page 368]]
Walker
Walsh
Weldon
Young (FL)
Zeliff
Zimmer
NAYS--261
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bentley
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilman
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
NOT VOTING--6
Gallo
Mazzoli
Natcher
Pickle
Ridge
Washington
So the motion to recommit was not agreed to.
A motion to reconsider the vote whereby said motion was not agreed to
was, by unanimous consent, laid on the table.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. McNULTY, announced that the yeas had it.
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 29.19 permission to file report
On motion of Mr. DERRICK, by unanimous consent, the Committee on Rules
was granted permission until midnight tonight to file a privileged
report (Rept. No. 103-452) making in order a motion to suspend the rules
and pass the bill of the Senate (S. 349) to provide for the disclosure
of lobbying activities to influence the Federal Government, and for
other purposes.
Para. 29.20 senate bill referred
A bill of the Senate of the following title was taken from the
Speaker's table and, under the rule, referred as follows:
S. 208. An Act to reform the concessions policies of the
National Park Service, and for other purposes; to the
Committee on Natural Resources.
Para. 29.21 senate enrolled joint resolution signed
The SPEAKER announced his signature to an enrolled joint resolution of
the Senate of the following title:
S.J. Res. 171. Joint resolution to designate March 20
through March 26, 1994, as ``Small Family Farm Week.''
Para. 29.22 leave of absence
By unanimous consent, leave of absence was granted to Mr.
FALEOMAVAEGA, for today and balance of the week.
And then,
Para. 29.23 adjournment
On motion of Mr. DORNAN, at 11 o'clock and 30 minutes p.m., the House
adjourned.
Para. 29.24 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. ROSTENKOWSKI: Committee on Ways and Means, 1993
Comprehensive Oversight Initiative of the Committee on Ways
and Means (Rept. No. 103-450). Referred to the Committee of
the Whole House on the State of the Union.
Mr. BROWN of California: Committee on Science, Space, and
Technology, Oversight Visit--Baikonur Cosmodrome (Rept. No.
103-451). Referred to the Committee of the Whole House on the
State of the Union.
Mr. FROST: Committee on Rules. House Resolution 397.
Resolution providing for consideration of a certain motion to
suspend the rules (Rept. No. 103-452). Referred to the House
Calendar.
Para. 29.25 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. DELLUMS (for himself, Mr. Spence, Mr. Skelton,
Mr. Underwood, Mr. Kyl, Mr. Bilbray, Mr. Montgomery,
Mrs. Schroeder, Mr. Lancaster, Mr. Hochbrueckner,
Mrs. Lloyd, Ms. Furse, Mr. McHale, Ms. Harman, Mr.
Meehan, Mr. Pete Geren of Texas, Mr. Andrews of
Maine, Mr. Abercrombie, Mr. Dornan, Mr. Sisisky, Mr.
McCloskey, Mr. Tejeda, Mr. Hansen, Mr. Pickett, Mr.
McCurdy, and Mr. Torkildsen):
H.R. 4112. A bill to amend title 10, United States Code, to
provide certain procedural and administrative safeguards for
members of the Armed Forces making allegations of sexual
harassment or unlawful discrimination; to the Committee on
Armed Services.
By Mr. BRYANT:
H.R. 4113. A bill to amend title 18, United States Code, to
prohibit the practice by mental health care providers of
using bounty hunters to attract patients for treatment; to
the Committee on the Judiciary.
BY Mr. DELLUMS (for himself, Mr. Payne of New Jersey,
Mr. Owens, Mr. Rangel, Mr. Mfume, Mr. Franks of
Connecticut, Ms. Brown of Florida, Mr. Conyers, Ms.
Eddie Bernice Johnson of Texas, Mrs. Meek of Florida,
Mr. Bishop, Mr. Blackwell, Mr. Clay, Mrs. Clayton,
Mr. Clyburn, Ms. Collins of Michigan, Mrs. Collins of
Illinois, Mr. Dixon, Mr. Fields of Louisiana, Mr.
Flake, Mr. Ford of Tennessee, Mr. Hilliard, Mr.
Hastings, Mr. Jefferson, Mr. Lewis of Georgia, Ms.
McKinney, Ms. Norton, Mr. Reynolds, Mr. Rush, Mr.
Scott, Mr. Stokes, Mr. Thompson, Mr. Towns, Mr.
Tucker, Mr. Washington, Ms. Waters, Mr. Watt, Mr.
Wheat, and Mr. Wynn):
H.R. 4114. A bill to provide for sanctions against Haiti,
to halt the interdiction and return of Haitian refugees, and
for other purposes; jointly, to the Committees on Ways and
Means, Foreign Affairs, Public Works and Transportation, the
Judiciary, and Banking, Finance and Urban Affairs.
By Mr. ENGEL (for himself, Ms. Molinari, Mr. Serrano,
Mr. King, Ms. Lowey, and Mr. Olver):
H.R. 4115. A bill to condition the lifting of sanctions on
Serbia and Montenegro upon improvements in Kosova, and for
other purposes; jointly, to the Committees on Foreign
Affairs; Banking, Finance and Urban Affairs; and Public Works
and Transportation.
By Mr. FOGLIETTA (for himself, Mr. Hilliard, Mr.
Conyers, and Mr. Borski):
H.R. 4116. A bill to amend the Omnibus Crime Control and
Safe Streets Act of 1968 to authorize the Director of the
Bureau of Justice Assistance to make grants to programs that
create safe corridors for senior citizens; to the Committee
on the Judiciary.
By Mr. GILLMOR:
H.R. 4117. A bill to amend section 13031 of the
Consolidated Omnibus Budget Reconciliation Act of 1985
(relating to fees for certain customs services) to create an
exemption from fees for certain small aircraft traveling
short distances; to the Committee on Ways and Means.
By Mr. GENE GREEN of Texas:
H.R. 4118. A bill to provide for necessary medical care for
former civilian prisoners of
[[Page 369]]
war; jointly, to the Committees on Veterans' Affairs and
Education and Labor.
By Mr. KOPETSKI:
H.R. 4119. A bill to declare that certain public domain
lands are held in trust for the Confederated Tribes of Siletz
Indians of Oregon, and for other purposes; to the Committee
on Natural Resources.
By Mr. POMBO:
H.R. 4120. A bill to require the Federal Government to
incarcerate, or to reimburse State and local governments for
the cost of incarcerating, criminal aliens, and to expedite
the deportation and exclusion of criminal aliens; jointly, to
the Committees on the Judiciary and Foreign Affairs.
By Mr. STARK:
H.R. 4121. A bill to confirm limitations on the height of
buildings and roof structures in the District of Columbia, to
expand the authority of the National Capital Planning
Commission to enforce such limitations, and for other
purposes; to the Committee on the District of Columbia.
By Mr. YOUNG of Alaska:
H.R. 4122. A bill to temporarily extend certain provisions
of the Marine Mammal Protection Act; to the Committee on
Merchant Marine and Fisheries.
H.R. 4123. A bill to extend certain provisions of the
Marine Mammal Protection Act; to the Committee on Merchant
Marine and Fisheries.
By Mr. MANTON (for himself and Ms. Dunn):
H.J. Res. 344. Joint resolution designating May 14, 1994,
as ``National Police Survivors Day''; to the Committee on
Post Office and Civil Service.
By Mr. FORD of Michigan:
H. Con. Res. 230. Concurrent resolution to correct an error
in the enrollment of the bill H.R. 1804; considered and
agreed to.
By Mr. SMITH of Michigan (for himself, Mr. Roberts, Ms.
Danner, Mr. Minge, Mr. Boehner, Mr. Lightfoot, Mr.
Bereuter, Mr. Glickman, Mr. Emerson, Ms. Brown of
Florida, Mr. Klug, Mr. Baesler, Mr. Shays, Mr. Ewing,
Mrs. Thurman, Mr. Dickey, Mr. Penny, and Mr.
Goodlatte):
H. Con. Res. 231. Concurrent resolution expressing the
sense of Congress that, to the greatest extent practicable,
ink made from vegetable oil should be used in lithographic
printing for the Federal Government; jointly, to the
Committees on Government Operations and House Administration.
By Mr. GLICKMAN (for himself and Mr. Hansen):
H. Res. 398. Resolution providing for consideration of the
bill (S. 1458) to amend the Federal Aviation Act of 1958 to
establish time limitations on certain civil actions against
aircraft manufacturers, and for other purposes; to the
Committee on Rules.
Para. 29.26 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
318. By the SPEAKER: Memorial of the House of
Representatives of the State of New Hampshire, relative to
cable and telephone service; to the Committee on Energy and
Commerce.
319. Also, memorial of the General Assembly of the State of
Colorado, relative to the payments-in-lieu-taxes program; to
the Committee on Natural Resources.
320. Also, memorial of the Legislature of the State of
Washington, relative to harbor seals and sea lion
populations; to the Committee on Merchant Marine and
Fisheries.
Para. 29.27 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 300: Mr. Everett, Mr. Bachus of Alabama, Ms. Dunn, and
Mr. Horn.
H.R. 330: Mr. Thomas of Wyoming.
H.R. 417: Mr. Crapo.
H.R. 431: Mr. Reed.
H.R. 702: Ms. English of Arizona, Mr. Quillen, Ms. Ros-
Lehtinen, and Mr. Duncan.
H.R. 823: Ms. Margolies-Mezvinsky.
H.R. 1039: Mr. Barrett of Wisconsin.
H.R. 1191: Mr. Sam Johnson.
H.R. 1277: Mr. Emerson.
H.R. 1342: Mr. Barrett of Wisconsin.
H.R. 1490: Mr. Clement, Mr. Knollenberg, and Mr. Hilliard.
H.R. 1493: Mr. Barlow.
H.R. 1538: Ms. Brown of Florida, Mr. Wheat, Ms. Eddie
Bernice Johnson of Texas, Mr. Towns, and Mr. Bacchus of
Florida.
H.R. 1671: Mr. Coyne and Mr. McCurdy.
H.R. 1719: Mr. Weldon.
H.R. 1736: Mr. Callahan and Mr. Coleman.
H.R. 1793: Ms. English of Arizona.
H.R. 1823: Mr. Foglietta.
H.R. 2043: Mr. Gonzalez.
H.R. 2135: Ms. Roybal-Allard.
H.R. 2199: Mr. Hinchey and Mr. Beilenson.
H.R. 2227: Mr. Wynn and Mr. Schiff.
H.R. 2420: Mr. Rangel.
H.R. 2467: Mr. Boehlert, Mrs. Clayton, Mr. Jacobs, Mr.
Kolbe, Mr. Menendez, Mr. Ortiz, Mr. Price of North Carolina,
Ms. Ros-Lehtinen, and Mr. Shaw.
H.R. 2767: Mr. Wynn.
H.R. 2890: Mr. Mineta.
H.R. 2898: Mr. Deutsch and Mr. Wynn.
H.R. 3005: Mr. Hoke and Mr. Stearns.
H.R. 3293: Mr. Klink.
H.R. 3365: Mr. Goss.
H.R. 3367: Mr. Bishop, Mr. Stearns, and Mr. Shaw.
H.R. 3409: Mr. Rangel, Mr. Fish, and Mr. Hinchey.
H.R. 3421: Mr. Hoke and Mr. Stearns.
H.R. 3458: Mr. Klug, Mr. Walsh, and Mr. Zimmer.
H.R. 3490: Mr. Ravenel and Mr. Wynn.
H.R. 3492: Mr. Gordon, Ms. Eshoo, and Mr. Duncan.
H.R. 3513: Mr. Filner and Mr. Wynn.
H.R. 3519: Mrs. Meyers of Kansas, Mr. Klein, Mr. Ortiz, Mr.
Durbin, Mr. Manzullo, Mr. Rahall, and Mrs. Mink of Hawaii.
H.R. 3572: Mr. Wynn.
H.R. 3584: Mr. Bishop, Mr. Calvert, Mr. Cramer, Mr. Johnson
of South Dakota, Mr. Linder, Mr. Stearns, Mr. Stump, and Mrs.
Thurman.
H.R. 3656: Mr. Greenwood, Mrs. Meek of Florida, and Mr.
Minge.
H.R. 3658: Mr. Farr.
H.R. 3660: Mrs. Thurman, Mr. Andrews of Maine, and Mr.
Diaz-Balart.
H.R. 3704: Mr. Clinger.
H.R. 3707: Mr. Gordon.
H.R. 3750: Mr. Hilliard, Mr. Oberstar, Mr. Tucker, and Mr.
Rangel.
H.R. 3785: Mr. Johnson of South Dakota and Mrs. Lloyd.
H.R. 3790: Mr. Towns.
H.R. 3860: Mrs. Roukema.
H.R. 3866: Mr. Klink, Mr. Stokes, Mr. Dellums, Mr. Payne of
New Jersey, Mr. Sarpalius, Mr. Strickland, Mr. Andrews of New
Jersey, Ms. Danner, Mr. Manton, Mr. Hochbrueckner, Mr. Fazio,
and Ms. McKinney.
H.R. 3869: Mr. Becerra.
H.R. 3873: Mr. Coleman, Mr. Foglietta, and Mr. Studds.
H.R. 3875: Mr. Ballenger, Mr. Bartlett of Maryland, Mr.
Crapo, Mr. Dickey, and Mr. Royce.
H.R. 3906: Mr. Bilirakis.
H.R. 3935: Mr. Jefferson, Mr. Brewster, Mr. Reynolds, and
Mr. Crane.
H.R. 3955: Mr. Clement and Mr. Ewing.
H.R. 3958: Mr. Zeliff.
H.R. 3978: Mr. Hansen, Mr. Young of Alaska, Mr. Packard,
and Mrs. Vucanovich.
H.R. 4003: Mr. Darden.
H.R. 4007: Mr. Filner.
H.R. 4024: Mr. Foglietta and Mrs. Thurman.
H.R. 4040: Mr. Hochbrueckner.
H.R. 4055: Mr. Calvert and Mr. Stump.
H.R. 4057: Mr. Johnson of South Dakota, Mr. Meehan, Mr.
Tauzin, Mr. Swett, Mrs. Maloney, Mr. Ackerman, Mr.
Coppersmith, Mr. Poshard, Mr. LaRocco, Mr. Cramer, Mr.
Condit, Mr. Taylor of Mississippi, Mr. Sarpalius, Mr.
Bilbray, Mr. Lancaster, Mr. Pete Geren of Texas, Mr. DeFazio,
Mr. Barrett of Wisconsin, and Mr. Boehner.
H.R. 4078: Mr. Archer.
H.R. 4098: Mr. Bevill and Mr. Barlow.
H.J. Res: 166: Ms. Woolsey.
H.J. Res. 253: Mrs. Fowler.
H.J. Res. 297: Mr. Barcia of Michigan, and Mr. Stenholm.
H.J. Res. 302: Mr. Hoyer, Mr. Goodling, Mr. Dingell, and
Mr. Wilson.
H.J. Res. 303: Mr. Baker of California, Mr. Murtha, Mr.
Ravenel, Mr. Archer, Mrs. Thurman, Mr. Ackerman, Mr. Bacchus
of Florida, Mr. Cramer, Mr. Underwood, Mr. Moakley, Mr.
Hoagland, Mr. Roberts, Mr. Slattery, Mr. Edwards of
California, Ms. Eshoo, Mr. Brown of California, Mr. Pallone,
Mr. Abercrombie, Mr. Manton, Mr. Barlow, Mr. Moran, Mr.
Fazio, Mr. Kingston, Mr. Smith of New Jersey, Ms. Norton, and
Mr. Sanders.
H.J. Res. 325: Mr. Wolf, Mrs. Mink of Hawaii, Mr. Murphy,
Ms. Norton, Mr. Payne of New Jersey, Mr. Clinger, Mr. Coyne,
Mr. Bilbray, Ms. Collins of Michigan, Ms. Roybal-Allard, Mr.
Torres, Mr. Mfume, and Mr. Herger.
H.J. Res. 328: Ms. Slaughter and Mrs. Meyers of Kansas.
H.J. Res. 332: Mr. de Lugo, Mr. Wilson, Mr. Kasich, Mr.
Whitten, Mr. Shays, Mr. Martinez, Mr. Pastor, Mr. Moran, Mr.
Johnson of South Dakota, Mr. Slattery, Mr. McDermott, and Mr.
Lipinski.
H.J. Res. 333: Mr. McCollum, Mr. Martinez, Mr. Serrano, Mr.
Murphy, Mr. Sabo, Mr. Schumer, and Mr. Rohrabacher.
H.J. Res. 335: Mr. Solomon, Mr. Hobson, Mr. Diaz-Balart,
Mr. Hutto, Mrs. thurman, Mr. Martinez, and Mr. Frank of
Massachusetts.
H. Con. Res. 15: Ms. Margolies-Mezvinsky.
H. Con. Res. 124: Ms. Lowey.
H. Con. Res. 147: Mr. Stenholm.
H. Con. Res. 148: Mr. Ortiz, Mr. Pete Geren of Texas, and
Mr. Bacchus of Florida.
H. Con. Res. 202: Mr. Hughes.
H. Con. Res. 212: Ms. Eshoo, Mr. Frank of Massachusetts,
Mr. Porter, Mr. Sanders, and Mr. Yates.
H. Res. 270: Mr. Ehlers.
H. Res. 281: Mr. Browder.
Para. 29.28 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 3958: Mr. Shays.
.
THURSDAY, MARCH 24, 1994 (30)
The House was called to order by the SPEAKER.
Para. 30.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Wednesday, March 23, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
[[Page 370]]
Para. 30.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2846. A letter from the Assistant Secretary of the Army
(Installations, Logistics and Financial Management),
Department of Defense, transmitting notification of emergency
munitions disposal, pursuant to 50 U.S.C. 1512(4) and 1518;
to the Committee on Armed Services.
2847. A letter from the Secretary of the Air Force,
transmitting notification that certain major defense
acquisition programs have breached the unit cost by more than
15 percent, pursuant to 10 U.S.C. 2431(b)(3)(A); to the
Committee on Armed Services.
2848. A letter from the Secretary of the Navy, transmitting
notification that certain major defense acquisition programs
have breached the unit cost by more than 15 percent, pursuant
to 10 U.S.C. 2431(b)(3)(A); to the Committee on Armed
Services.
2849. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-212, ``Public
Utility Environmental Impact Statement Electrical Amendment
Act of 1994,'' pursuant to D.C. Code section 1-233(c)(1); to
the Committee on the District of Columbia.
2850. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-210,
``Cogeneration Facilities Appropriateness Standards Act of
1994,'' pursuant to D.C. Code section 1-233(c)(1); to the
Committee on the District of Columbia.
2851. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-209, ``Anti-
Gender Discriminatory Language Criminal Offenses Amendment
Act of 1994,'' pursuant to D.C. Code section 1-233(c)(1); to
the Committee on the District of Columbia.
2852. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-208,
``Immunity for Juveniles who are Witnesses in Juvenile
Proceedings Act of 1994,'' pursuant to D.C. Code section 1-
233(c)(1); to the Committee on the District of Columbia.
2853. A letter from the Chairman, Securities and Exchange
Commission, transmitting the Commission's 1993 annual report
of its activities, pursuant to 15 U.S.C. 78w(b); to the
Committee on Energy and Commerce.
2854. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting notification of the
President's exercise of his authority under 614(a)(1) of the
Foreign Assistance Act of 1961 (Determination No. 94-17),
pursuant to 22 U.S.C. 2364(a)(2); to the Committee on Foreign
Affairs.
2855. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting copies of the original
report of political contributions by William J. Crowe, Jr.,
of Virginia, to be Ambassador to the United Kingdom of Great
Britain and Northern Ireland, and members of his family,
pursuant to 22 U.S.C. 3944(b)(2); to the Committee on Foreign
Affairs.
2856. A letter from the Senior Deputy Assistant, Agency for
International Development, transmitting a report on economic
conditions prevailing in Turkey that may affect its ability
to meet its international debt obligations and to stabilize
its economy, pursuant to 22 U.S.C. 2346 note; to the
Committee on Foreign Affairs.
2857. A letter from the Executive Director, National
Capital Planning Commission, transmitting the annual report
on the activities of the Inspector General for fiscal year
1993, pursuant to Public Law 95-452, section 5(b) (102 Stat.
2526); to the Committee on Government Operations.
2858. A letter from the Executive Secretary, National Labor
Relations Board, transmitting a copy of the annual report in
compliance with the Government in the Sunshine Act during the
calendar year 1993, pursuant to 5 U.S.C. 552b(j); to the
Committee on Government Operations.
2859. A letter from the Assistant Vice President, National
Railroad Passenger Corporation, transmitting a report of
activities under the Freedom of Information Act for calendar
year 1993, pursuant to 5 U.S.C. 552(d); to the Committee on
Government Operations.
2860. A letter from the Secretary of the Interior,
transmitting the 1993 annual report for the Office of Surface
Mining Reclamation and Enforcement [OSM], pursuant to 30
U.S.C. 1211(f), 1267(g), 1295, 1279(b), and 1241; to the
Committee on Natural Resources.
2861. A letter from the Chairman, Advisory Council on
Historic Preservation, transmitting a copy of the 1993
activities report to the President and Congress, pursuant to
16 U.S.C. 470(b); to the Committee on Natural Resources.
2862. A letter from the Secretary of Transportation,
transmitting the annual report of activities of the
Department's administration of the Deepwater Port Act,
pursuant to 33 U.S.C. 1519; to the Committee on Public Works
and Transportation.
2863. A letter from the Secretary of Transportation,
transmitting a report on the national maximum speed limits,
travel speeds, enforcement efforts and speed related highway
statistics for fiscal year 1992, pursuant to Public Law 102-
240, section 1029(e) (105 Stat. 1970); to the Committee on
Public Works and Transportation.
2864. A letter from the Acting Assistant Secretary for
Civil Works, Department of the Army, transmitting the results
of the 1992 update of the national inventory of dams,
pursuant to Public Law 99-662; to the Committee on Public
Works and Transportation.
2865. A letter from the Senior Vice President, Tennessee
Valley Authority, transmitting a copy of the Authority's
statistical summaries as part of their annual report for the
fiscal year beginning October 1, 1992, and ending September
30, 1993, pursuant to 16 U.S.C. 831h(a); to the Committee on
Public Works and Transportation.
2866. A letter from the Comptroller of the Department of
Defense, transmitting a report pursuant to section 108 Public
Law 102-229; jointly, to the Committees on Foreign Affairs
and Appropriations.
2867. A letter from the Director, Office of Civilian
Radioactive Waste Management, Department of Energy,
transmitting notification of the delay in the completion of a
report concerning spent nuclear fuel and high-level
radioactive waste; jointly, to the Committees on Natural
Resources and Energy and Commerce.
Para. 30.3 providing for the consideration of certain motion to suspend
the rules--s. 349
Mr. MOAKLEY, by direction of the Committee on Rules, called up the
following resolution (H. Res. 397):
Resolved, That it shall be in order at any time on the
legislative day of Thursday, March 24, 1994, for the Speaker
to entertain a motion that the House suspend the rules and
pass the bill (S. 349) to provide for the disclosure of
lobbying activities to influence the Federal Government, and
for other purposes, as amended, insist on the House amendment
thereto, and request a conference and the Senate thereon.
When said resolution was considered.
After debate,
On motion of Mr. MOAKLEY, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. VISCLOSKY, announced that the yeas had
it.
Mr. DREIER objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
221
When there appeared
<3-line {>
Nays
202
Para. 30.4 [Roll No. 89]
YEAS--221
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dixon
Durbin
Edwards (CA)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Harman
Hastings
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutchinson
Inglis
Inslee
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lancaster
Lantos
LaRocco
Leach
Lehman
Levin
Lewis (GA)
Lipinski
Long
Lowey
Maloney
Mann
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Parker
Payne (NJ)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pomeroy
Poshard
Price (NC)
Rahall
Reed
Regula
Reynolds
Richardson
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Traficant
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Waters
Watt
Waxman
Wheat
Whitten
[[Page 371]]
Williams
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--202
Abercrombie
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Boucher
Brewster
Brooks
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chapman
Clay
Clement
Clinger
Coble
Collins (GA)
Combest
Cooper
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Dingell
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Ford (MI)
Fowler
Franks (CT)
Franks (NJ)
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Hefner
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutto
Hyde
Inhofe
Istook
Jacobs
Johnson, Sam
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lambert
Laughlin
Lazio
Levy
Lewis (CA)
Lightfoot
Linder
Livingston
Lloyd
Machtley
Manton
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Murphy
Myers
Nussle
Orton
Oxley
Packard
Pastor
Paxon
Payne (VA)
Petri
Pickett
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Rangel
Ravenel
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Sangmeister
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Sisisky
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Talent
Tanner
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Towns
Upton
Volkmer
Vucanovich
Walker
Walsh
Washington
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--10
Ford (TN)
Gallegly
Gallo
Grandy
Lewis (FL)
Natcher
Pickle
Tauzin
Tucker
Wilson
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 30.5 lobbying activities
Mr. BRYANT, pursuant to House Resolution 397, moved to suspend the
rules and pass the bill of the Senate (S. 349) to provide for the
disclosure of lobbying activities to influence the Federal Government,
and for other purposes, as amended; insist on the House amendment
thereto, and request a conference with the Senate thereon.
The SPEAKER pro tempore, Mr. VISCLOSKEY, recognized Mr. BRYANT and Mr.
GEKAS, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended,
insist on the House amendment thereto, and request a conference with the
Senate thereon?
The SPEAKER pro tempore, Mrs. KENNELLY, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. BRYANT demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
315
<3-line {>
affirmative
Nays
110
Para. 30.6 [Roll No. 90]
YEAS--315
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Archer
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Barca
Barcia
Barlow
Barrett (WI)
Bartlett
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Blute
Bonilla
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (OH)
Bryant
Buyer
Byrne
Calvert
Camp
Canady
Cantwell
Carr
Castle
Chapman
Clayton
Clinger
Coleman
Collins (GA)
Combest
Conyers
Coppersmith
Costello
Cox
Coyne
Cramer
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dixon
Doolittle
Dornan
Duncan
Dunn
Durbin
Edwards (CA)
Ehlers
Engel
English
Eshoo
Evans
Everett
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Foley
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Goodlatte
Gordon
Goss
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Herger
Hinchey
Hoagland
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
Kingston
Kleczka
Klein
Klink
Klug
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Levy
Lewis (GA)
Lightfoot
Linder
Lipinski
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meehan
Menendez
Meyers
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Morella
Murphy
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pombo
Pomeroy
Portman
Poshard
Price (NC)
Pryce (OH)
Quinn
Rahall
Ramstad
Reed
Regula
Reynolds
Richardson
Ridge
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Roybal-Allard
Royce
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Spence
Spratt
Stark
Stearns
Stenholm
Strickland
Studds
Stupak
Swett
Synar
Talent
Taylor (MS)
Tejeda
Thomas (CA)
Thomas (WY)
Thornton
Thurman
Torkildsen
Torricelli
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waxman
Weldon
Wheat
Williams
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--110
Abercrombie
Allard
Applegate
Armey
Baker (LA)
Ballenger
Barrett (NE)
Barton
Bateman
Bentley
Bliley
Boehlert
Boehner
Brewster
Brooks
Brown (FL)
Bunning
Burton
Callahan
Clay
Clement
Clyburn
Coble
Collins (IL)
Collins (MI)
Condit
Cooper
Crane
DeLay
Dingell
Dooley
Dreier
Edwards (TX)
Emerson
Ewing
Fields (TX)
Fish
Ford (MI)
Gilchrest
Gillmor
Gilman
Gingrich
Goodling
Grams
Hancock
Hansen
Hastert
Hastings
Hayes
Hefley
Hefner
Hilliard
Hobson
Houghton
Johnson, E. B.
Johnson, Sam
King
Knollenberg
Kopetski
Laughlin
Lewis (CA)
Livingston
Lloyd
McCandless
McCollum
McMillan
Meek
Mfume
Mica
Michel
Moorhead
Moran
Murtha
Orton
Oxley
Packard
Paxon
Pickett
Porter
Quillen
Rangel
Ravenel
Roberts
Rose
Rostenkowski
Rush
Schaefer
Scott
Shuster
Sisisky
Skeen
Smith (OR)
Stokes
Stump
Sundquist
Swift
Tanner
Tauzin
Taylor (NC)
Thompson
Torres
Towns
Traficant
Tucker
Walker
Washington
Waters
Watt
Whitten
Wilson
NOT VOTING--9
Cardin
Ford (TN)
Gallegly
Gallo
Grandy
Lewis (FL)
Natcher
Pickle
Solomon
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed, the
House insisted on its amendment thereto, and requested a conference with
the Senate thereon.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed, the House insisted on its amendment
thereto and requested a conference
[[Page 372]]
with the Senate thereon, was, by unanimous consent, laid on the table.
Thereupon, the SPEAKER pro tempore, Mrs. KENNELLY, by unanimous
consent, announced the appointment of Messrs. Bryant, Glickman, Frank,
Fish and Gekas, as managers on the part of the House at said conference.
Ordered, That the Clerk notify the Senate thereof.
Para. 30.7 point of personal privilege
Mr. LEACH rose to a question of personal privilege.
The SPEAKER pro tempore, Mrs. KENNELLY, pursuant to clause 1 of rule
IX, recognized Mr. LEACH for one hour.
Mr. LEACH made the following statement:
``Madam Speaker, I rise to a point of personal privilege of the
House.
``In rising to this point of privilege, I wish to express concern
about the breakdown of comity that has occurred on a personal and
procedural level in the House Banking Committee.
``On a personal level, unfortunate adjectives have been used; on a
procedural level, unprecedented tactics have been employed.
``I don't wish to dwell on the personal, except to stress my high
regard for the chairman of the Banking Committee and to suggest that,
as the theologian Reinhold Niebuhr once observed, the temper and
integrity of the political debate is more important in our kind of
democracy than the outcome of any issue.
``Motivational aspersions are no substitute for full disclosure;
indignation no substitute for pursuit of truth.
``Members of the majority may be speaking the truth when they
indicate they have no evidence of a link between the failure of an
Arkansas S&L and Whitewater and that they know of no improprieties at
issue. But it should be understood that not speaking an untruth is not
the same as describing a truthful situation, particularly if there has
been no serious effort to pursue the truth.
``Constitutionally it is the duty of Congress to oversee breaches of
law or public ethics in the executive branch. During the 12 years of
the so-called divided Government of the Reagan/Bush era, the
legislative branch took its constitutionally mandated oversight
function seriously, as witnessed by the expansion in the size of its
staff and the number of investigations undertaken.
``Now both the executive and the legislative branches of Government
are controlled by the same political party. The oversight mandate thus
falls disproportionately upon the ranking members of the respective
committees for those areas of the executive branch over which they have
jurisdiction. Not to assume leadership in performing the oversight
function with regard to the way in which the financial institutions of
this country are managed and regulated would be to violate my oath to
`support and defend the Constitution of the United States * * * and * *
* well and faithfully discharge the duties of the office.'
``If the majority party refuses to uphold its responsibilities
because of political embarrassment to its party's top elected official,
the minority party is left with the choice either of joining in a
complicity of silence or pursuing investigations that run the danger of
being partisan.
``In this context, I would simply emphasize that I raised the
Whitewater issue with great reluctance, realizing the import as well as
the power of the Presidency. I fully understand the political and
personal liabilities involved. Nonetheless, I feel it would be
inconsistent, indeed, hypocritical, to my own values, if I refused to
pursue a line of inquiry potentially embarrassing to the President of a
country which from its inception was intended to be hallmarked by law
and its applicability to all citizens. It is, after all, the
establishment of a government of laws, not men, that defines the
uniqueness of the American experiment with democracy.
``Procedurally, it should be noted that the minority is currently
engaged in one of the most profound checks and balances philosophical
engagements with the executive branch in the modern history of the
Congress. This engagement carries far greater implications than any
judgment relating to a particular embarrassment of a particular public
official at a particular time because at issue is precedent: whether in
future circumstances the oversight capacities of Congress can be
thwarted if the majority party of Congress is the same as that in
control of the executive branch and chooses to refrain from its
oversight obligations in order not to embarrass its party's standings.
``It is possible that the constitutional precedent for our checks and
balances system surrounding the refusal of the administration to
cooperate with an oversight probe of the executive branch which the
majority party does not sanction may have more long-term negative
consequences than any episodic embarrassment that might relate to this
or any President's past. What is at issue is the definition of Congress
as it applies to the constitutionally granted oversight
responsibilities of the legislature. In our checks and balances system,
Congress was given oversight responsibilities, but this administration
is suggesting in response to minority requests for documentation from
executive agencies that only chairmen speak for Congress. The minority
in Congress, by this logic, has no power to advance or fulfill its
constitutional rights if the majority does not concur in request for
information. If such precedent is allowed to stand, Congress's
oversight capacities will for all practical purposes be hamstrung
whenever the executive and legislative branches of Government are
controlled by the same party. Would our Founding Fathers have had this
in mind?
``In this connection, on December 9, 1993, as ranking member of the
Banking Committee, I wrote Federal regulatory agencies to request
certain documents of an oversight interest [example, Tab A]. In a
followup letter I pointed out, as the courts have noted, `The Congress
rarely acts as a body. Its manifold duties in the legislative,
investigative, and oversight fields are almost invariably carried out
through committees, committee chairmen, individual members, and staff
personnel.' Murphy v. Department of Army, 613 F.2d 1151, 1156 (1979).
In addition, the court stated:
The Senate and the House are so organized that certain
legislative and quasi-legislative activities may be
accomplished only through committee action. In other
respects, however, the legislature acts through its
individual Members. All Members have a constitutionally
recognized status entitling them to share in general
congressional powers and responsibilities, many of them
requiring access to executive information. It would be an
inappropriate intrusion into the legislative sphere for the
courts to decide without congressional direction that, for
example, only the chairman of a committee shall be regarded
as the official voice of the Congress for purposes of
receiving such information, as distinguished from its ranking
minority member, or other committee members, or other members
of Congress. Each of them participates in the law-making
process; each has a voice and a vote in that process; and
each is entitled to request such information from the
executive agencies as will enable him to carry out the
responsibilities of a legislator.
``Agency heads responded that a ranking member only has the authority
of an individual Member of Congress and, therefore, may only obtain
information that would be available to the public pursuant to the
Freedom of Information Act. In addition, the Office of Thrift
Supervision asserted that it differs `with the view that Rules X and XI
of the House of Representatives grant to a ranking minority member--or
any individual member--the same authority to request information that a
committee chairman possesses.' In short, the agencies contend that only
chairmen, not ranking members, speak for Congress.
``Subsequently, on March 8, 1994, I wrote requesting information for
the Banking Committee's upcoming RTC oversight hearing [Tab B]. Agency
heads again responded by holding to the position that only the chairman
of a committee would be permitted access to agency documents.
``In this dispute about who is entitled to speak for Congress in the
context of Congress' right and obligation under Article I of the
Constitution to conduct oversight of the executive branch, the chairman
of the Banking Committee, in what may have been an effort to bolster
the executive's position, wrote agency heads on March 10, 1994, to
suggest that they deny my document request and wrote separately on
March 14, 1994, to state that they need not answer questions concerning
Madison Guaranty Savings and Loan at the scheduled hearings [Tabs C and
D]. The chairman's letter contained an implicit and unprecedented
philosophical assertion that not only does a chairman
[[Page 373]]
have the exclusive right to obtain oversight documents from the
executive branch, but the right to deny such documentation to other
Members and the right even to deny inquiries about issues clearly
germane to the subject of hearings.
``So that there is no misunderstanding, the RTC oversight hearing was
scheduled under requirement of law, section 21A(k)(6) of the Federal
Home Loan Bank Act (12 U.S.C. Sec. 1441a(k)(6)), and there is no
provision in that law for exceptions to congressional oversight that
relate to a single State and its institutions. The U.S. Congress wrote
a law applicable to all 50 States, not 49, and the oversight of our
laws applies throughout this country. Just as in America no individual
is above the law, no State is beyond its reach. Just as no individual
is entitled to violate the law out of ignorance of it, no person, even
the chairman of a congressional committee, is entitled after the fact
to be sole interpreter of a law's meaning or serve as a censor to
another Member's inquiries. Indeed, no Member of Congress has the right
or power to deny relevant information to another Member.
``In addition to the Federal Home Loan Bank Act, the committee's role
in oversight is buttressed by the House rules as modified under the
Legislative Reorganization Act of 1970. I refer to paragraph 2 of House
Rule X providing for the committee's `General Oversight
Responsibilities' which states:
(b)(1) Each standing committee . . . shall review and
study, on a continuing basis, the application,
administration, execution, and effectiveness of those laws,
or parts of laws, the subject matter of which is within the
jurisdiction of that committee and the organization and
operation of the Federal agencies and entities having
responsibilities in or for the administration and execution
thereof, in order to determine whether such laws and the
programs thereunder are being implemented and carried out in
accordance with the intent of the congress and whether such
programs should be continued, curtailed, or eliminated.
``Separate procedural rules may apply to an investigative hearing,
but such rules do not apply in this case. The statutorily mandated RTC
hearing is an oversight hearing in accordance with rule X. Any reliance
on investigative hearing procedures to deny information to committee
members is misplaced. Any information requests or questions by Members
related in any manner to RTC operations are authorized under the
committee's oversight authority. It is also expected that in answering
questions witnesses have the obligation either to assert appropriate
privileges or fully respond with answers to the questions (See, 2
U.S.C. Sec. 192, Sinclair v. United States, 279 U.S. 263 (1929)) and
such answers shall be truthful. (See, 18 U.S.C. Sec. 1001, U.S. v.
Poindexter, 951 F.2d 369 (D.C. Cir. 1991)).
``Moreover, the precedent of the Banking Committee is clear with
respect to the relevance of specific questions on specific
institutions. On numerous occasions at past RTC oversight hearings,
questions related to individual institutions have been asked by
committee members, including the chairman, and answered by witnesses.
In fact, the committee's invitation letter of March 3, 1994, to
Treasury Secretary Bentsen for purposes of the RTC oversight hearing,
seeks testimony and documents related to a specific institution,
Homefed Savings. Of relevance also is the following statement last week
of the chairman of the Senate Banking Committee:
So we have had now over the years since 1989, a very long
series of regular oversight hearings where we call in the
officials responsible for implementing that law to find out
exactly how it is working and if there is a need to change
any particular part of it. Is it working the way it was
designed to work? Have we corrected all the abuses? We were
so concerned about that issue that, in fact, we built into
that 1989 law a requirement that there has to be a hearing
here in Congress every 6 months on how that cleanup effort is
doing and how that law is being implemented. Within the text
of that part of the law we went so far as to say that any
institutions that failed in that time period, in the mid-
1980's, that if any Senator on the committee wanted to come
in and ask questions about that particular institution, that
they had a right in law to do so. We did not foresee the
Madison case at that time, but it applies precisely to the
Madison case and every other case out of that time period.
(Cong. Rec. S3153, March 17, 1994).
``To the degree the chairman's letters are open to an interpretation
that would imply the possibility that they have been requested by the
administration to bolster its efforts to deny information to the
Congress and thereby the public, at issue would be a collusive effort
by the majority party in the Congress to aid and abet the executive
branch in its concerted effort to deny disclosure of information
related to legitimate congressional oversight.
``In this regard, a letter recently copied to Representative William
Clinger, ranking member of the Government Operations Committee,
evidences a comparable approach in another committee of Congress [Tab
E].
``It is the minority's position that executive branch witnesses must
address their obligations to respond to legitimate oversight requests
and legitimate inquiries on the subject of hearings as required by the
law and the Constitution, not in conjunction with any arbitrary desire
of a chairman to deny discussion on a subject the executive branch
would rather not forthcomingly address. The minority party, has a
baseline assumption that officials of the U.S. Government will comply
with the law and, when appearing before a committee of Congress, abide
by the Code of Government Ethics for Federal employees to `Uphold the
Constitution, laws, and regulations of the United States and all
governments therein and never be party to their evasion.' [Public Law
No. 96-303, July 3, 1980, 94 Stat. 855].
``The constitutionally-derived obligation of oversight cannot be
short-circuited at the whim of the congressional majority. It is just
as much the duty of the minority party, as the majority. Indeed, in
real life circumstance as evidenced in this particular incident,
oversight may in practice imply a greater obligation on the party out
of power than the party in control of the executive branch.
``Hodding Carter, the distinguished journalist from Mississippi,
recently noted that southerners of virtually all philosophical stripes
recognized a little or a lot of truth in certain northern concerns
about discrimination that existed in the South in the heyday of civil
rights activism. But with understandable resentment all felt that
northerners had a duty to look a little more assiduously in their own
backyards. In this probe of Whitewater, I believe an outsider might
conclude that the single party concentration of political power in
Arkansas may be in need of review that the shadow of Lyndon Johnson and
Huey Long may have been cast to greatly on a former governorship. But
as a northerner, I am obligated to note that my primary responsibility
is my backyard, in this case the body to which I am elected to serve.
While I believe it would be unfair to suggest that one of America's
great political parties is more honest than the other, I believe the
concerted effort to avoid accountability and full disclosure in the
Whitewater incident, and the unfortunate institutional precedents in
process of being established, reflect attitudes more associated with
single party governance of closed than open societies. Competition is
the American way. When single party dominance is long and deep,
arrogance associated with power creeps incontestably into the system.
Whitewater, in the end, may tell more about Congress than the executive
branch.
``In this context, the minority raised concerns about the manner in
which the RTC oversight hearing scheduled this week might have been
conducted. Nevertheless, the minority was disappointed the hearing was
abruptly postponed.
``Postponement of the hearing by the majority raises, above anything
else, the issue of compliance with the law. Compliance with the law is
not a matter of convenience or discretion. The majority party has no
prerogative to avoid capriciously its legal obligations.
``Hearings mandated by statute were to have occurred by December 3,
1993. It is a statutory obligation of the majority in the legislative
branch to conduct on a timely basis RTC oversight; it is the statutory
obligation of the executive to cooperate with Congress and comply with
its legal responsibilities.
``The negotiations this week between leaders of the House which led
to the passage of a bipartisan resolution expressing the sense of the
House as to the need to hold bipartisan hearings are promising. The
subsequent statements by the Speaker that these discussions were of the
`possibility of hearings, not a concession that hearings are not
necessarily going to take
[[Page 374]]
place,' is disappointing. The majority that an obligation to ensure the
decision to postpone indefinitely RTC hearings does not amount to yet
another example of Congress not applying the law to itself.
``With regard to a possible hearing, let me stress the minority has
offered to cooperate fully with the special counsel. We have
transferred substantial information to his office. We have given him
our proposed witness list and offered to support a delay in the day of
hearings provided under House rules to the minority to allow him a
chance to depose witnesses first. For his part, the special counsel, in
a meeting on March 17, 1994, with the minority, said that he would not
impede in any manner executive branch testimony and that he would not
stand in the way of an RTC oversight hearing. Mr. Fiske also stated
that he did not object to the disclosure of copies of documents to
Congress, other than White House documents. The existence of a special
counsel appointed in the Madison case cannot be used as a rationale to
avoid providing RTC oversight information to Congress.
``Congress and prosecuting attorneys have differentiated roles, but
they are by no means incompatible. In fact, they are generally
complementary. Indeed, in the Banking Committee hearings over the past
decade on institutions such as Lincoln--Charles Keating, and
Silverado--Neil Bush, the Justice Department had tandem investigations
underway. Hearings almost always reveal knowledge and perspective that
is helpful to prosecutors. It was, after all, Senator Ervin's committee
that revealed the existence of the Watergate tapes and it was the
recent Senate hearing that revealed improper contacts between executive
branch agencies and the White House. The major recent exception where a
prosecutor was undercut by Congress involved excessive zeal to
embarrass Presidents Reagan and Bush that caused a committee to offer
immunity to certain witnesses in the Iran Contra people. But the more
general proposition is that constraining a congressional inquiry has
the effect of reducing knowledge, thus reducing prosecutorial
discretion.
``Mr. Speaker, in a country in which process is our most important
product, it is the belief of this Member that the precedents
established in this investigation are more important than the
investigation itself. Nevertheless, I come to the floor this afternoon
to present to the attention of the House and the American people some
findings, with supporting documentation, the Minority has uncovered in
its ongoing investigation of the Whitewater/Madison affair.
``Accordingly, I would like to review in both a perspective and
information dispensing sense the Madison/Whitewater issue and divide
the remainder of my discussion in two categories: what happened and how
the administration has responded.
``On the landscape of political scandals Whitewater may be a bump,
but it speaks mountains about me-generation public ethics as well as
single party control of certain States and the U.S. Congress.
``In a nutshell, Whitewater is about the arrogance of power--
Machiavellian machinations of single-party Government. It all began in
the late 1970's when a budding S&L owner named James McDougal formed a
50-50 real estate venture with a young politician, the then Attorney
General of Arkansas, Bill Clinton. In this venture called Whitewater,
the S&L owner and S&L affiliated entities provided virtually all,
perhaps, all, the money; the Governor-in-the-making provided his name.
``Over the years, the company received infusions of cash from the S&L
as well as from a small business investment corporation which diverted,
allegedly at the Governor's request, federally-guaranteed funds from a
program designed for socially and economically disadvantaged people to
the Governor's partners and thence, in part, to Whitewater.
``Some of these funds were used to pay off personal and campaign
liabilities of the Governor; some to purchase a tract of land from a
company to which the State had just given a significant tax break.
Whitewater records have apparently been largely lost. A review of the
numerous land transactions, however, raises questions of what happened
to the money that came into the company and a review of the President's
tax records raises questions about tax deductions that were taken and
income that may not have been declared.
``Under the governorship of Bill Clinton, Jim McDougal was named a
Gubernatorial aide to serve principally liaison to the Economic
Development, Commerce, and Highway and Transportation Departments; the
first lady of Arkansas was hired to represent the S&L before State
regulators; the president of the S&L was placed on the State S&L
commission; an attorney who represented the S&L was named the State S&L
regulator; the S&L received rent from State agencies; Whitewater had
roads constructed using a State agency program and State funds; and the
S&L was allowed to operate, despite being insolvent for an extended
period, providing millions in loans and investment dollars to insiders
and the Arkansas political establishment.
``Under the governorship of Bill Clinton, the S&L was allowed to grow
25-fold until Federal regulators forced its closing, at which time
taxpayers picked up the tab for losses that amounted to approximately
50 percent of the institutions's deposit base.
``Under the governorship of Bill Clinton, the total number of State-
chartered savings associations declined dramatically. Over the period
December 1979 to December 1992, the number of stock State-chartered
thrifts in Arkan-
sas declined from the 33, with assets of $961,002,000 to 3, with assets
of $146,072,000. Viewed another way, the amount of assets available to
support home mortgage lending for the people of Arkansas declined.
``The story of Whitewater is thus part and parcel the story of the
greatest domestic policy mistake of the century--the quarter-trillion
dollar S&L debacle. It is the story of a company which in one sense was
a simple real estate development venture, but in another was a vehicle
used to spirit federally insured deposits from an S&L and compromise a
significant political figure.
``In the largest series of bank robberies in history, which
precipitated an industry bail out larger than the taxpayers provided
Lockheed, Chrysler, and New York City times a factor of 10, it is fair
to ask: `What happened? Who is responsible.'
``An answer to these inquiries requires an understanding that those
accountable are not only a few negligent and corrupt S&L owners, but
attorneys, accountants, State and Federal legislators, regulator and
assorted public officials. As wide ranging as the responsibility is,
however, it is a mistake to be so glassy eyed as not seek lessons for
the future through a demand for individual accountability for breaches
of law and ethics in the past.
``Macroeconomics aside, public responsibility for the S&L debacle is
of a tripod nature, involving: First, the conflict-ridden role of
Congress in passing loose laws; second, the ideological mistake of the
Reagan administration in urging deregulation in an industry which
requires responsible standards; and third, the culpability of a small
number of State governments, such as in California, Texas, Louisiana,
and Arkansas, which failed to rein in high flying State-chartered,
State-regulated institutions, which because of the Federal nature of
deposit insurance, precipitated a massive transfer of wealth from
States with responsible governments to those without.
``In Arkansas it is impressive how the Federal Government was
obligated to close more than 80 percent of State-chartered S&L's in the
1980's and how large taxpayer losses were in relation to the State's
S&L deposit base. The failure of the Clinton administration in Little
Rock to fulfill its responsibility to police State financial
institutions had the effect of increasing tax burdens on citizens of
Arkansas as well as other States.
``While taxpayers at the national level were forced to pick up the
tab for the mistakes of politicians in whose elections they could not
vote, citizens in States like Arkansas were doubly shortchanged. Not
only did they have to share in eventual bail out costs, but when their
home-based financial institutions frittered away the hard earned
deposit savings of the their State to insiders, fewer resources were
made available to potential homeowners and minority entrepreneurs.
[[Page 375]]
``What the Keating-5 scandal was all about was the attempt of an S&L
owner to compromise through political contributions significant
political players, in this case five Senators, to influence regulators
to keep an insolvent, corruptly run, institution from being closed.
What makes Governor Clinton's involvement with a company which helped
breach the vaults of an Arkansas S&L philosophically at least equal to,
but in reality more troubling than the Keating model is that not only
did the institution's management organize conflict-ridden fund-raising
endeavors for the key politician in the State, but through Whitewater
it put the Governor in a compromising personal finance position as
well.
``What is extraordinary is the hypocrisy of the circumstance. The
following 1991 announcement statement of Governor Clinton speaks for
itself:
For 12 years of this Reagan-Bush era, the Republicans have
let S&L crooks and self-serving CEO's try to build an economy
out of paper and perks instead of people and products. They
stack the deck in favor of their friends at the top and tell
everybody else to wait for whatever trickles down.
``Despite the rhetoric it is remarkable how time after time in the
1980's, alleged defenders of the little guy in American politics found
themselves advancing the interests of a small number of owners of
financial institutions which were run as private piggy banks for
insiders. The intertwining of greed and ambition turned democratic
values upside down.
``In our kind of democracy ends simply don't justify means. Just as a
conservative, who may despise government, has no ethical right not to
pay taxes, a liberal has no ethical basis to put the public's money in
his own or his campaign's pocket just because he may have the arrogance
to believe he is advancing a political creed that is in the public's
interest.
``Why does all this matter?
``Here, it would perhaps be appropriate to paraphrase the great
Illinois Senator, Ev Dirksen: a few thousand here and a few thousand
there and pretty soon it adds up to a real scandal. Put another way, an
ethical lapse here and an ethical lapse there and pretty soon it adds
up to a character deficit.
``I have never known anyone in public life better able to put
embarrassing episodes behind him than Bill Clinton. Accordingly, I
couldn't have been more surprised by the discombobulation of the
administration at the minority's restrained request last November for
hearings and full disclosure.
``As in most serious public scandals, coverups can prove as troubling
as acts at their source.
``Much press attention has centered in recent weeks on the
revelations of improper contact between employees of independent
Federal agencies and the White House. The question of whether a heads
up was appropriate is of significance. More so, is whether the line
between a heads up and coverup was crossed.
``By background, for several years a group of criminal investigators
for the RTC in Kansas City reviewed the failure of Madison Guaranty
Savings & Loan in Little Rock and came to the conclusion criminal
referrals were appropriate. In the last week of September 1993, they
sent copies of their referrals to Washington. Within a few days of
receipt of the referrals from the Kansas City office, RTC Washington
officials visited the White House. Within a few weeks, in an
unprecedented change of procedure, Washington demanded to review all
Madison referrals. Within a few months, a senior Kansas City criminal
investigator was removed from the case. Within a few more months,
officials from RTC Washington visited Kansas City to pass on the
determined message that senior RTC officials in Washington wanted it
understood that they wished to claim Whitewater was not responsible for
any losses at Madison.
``Courageously, Kansas City investigators refused to allow Washington
RTC objections to change the content of the referrals they sent in the
second week of October 1993, to the Justice Department.
``Courageously, Kansas City investigators refused to back the
Washington position that Madison's losses were unrelated to Whitewater
and pointed out to their superiors that in one intensely reviewed 6-
month period alone approximately $70,000 was transferred from Madison
and Madison affiliated companies to Whitewater.
``Courageously, Kansas City investigators have sought whistleblower
protection rather than comply with the Washington RTC gag order that no
one form Kansas City could speak with Special Counsel Fiske without
clearance through and accompaniment of Washington RTC officials.
``The briefing of the White House by high ranking Department of
Treasury and RTC employees must be understood in the context of the
development and transmittal to the Justice Department of these
referrals and in the context of the possibility Kansas City was in the
process of developing further referrals.
``There are many elements of the Whitewater affair that are a bit
esoteric. But the revelations that U.S. Government officials briefed
key White House aides on potential legal actions which independent
regulatory agencies might be obligated to take implicating but not
charging the President and First Lady subvert one of the fundamental
premises of American democracy--that this is a country of laws and not
men.
``In America no individual, whatever his or her rank, is privileged
in the eyes of the law. No public official has the right to influence
possible legal actions against him or herself. For this reason agencies
of the Government as well as the White House have precise rules that
govern their employees.
``The following standards--31 CFR Sec. 0.735-30--apply to the
Department of Treasury:
An employee should avoid any action . . . which might
result in, or create the appearance of . . .
(2) Giving preferential treatment to any person; . . .
(4) Losing complete independence or impartiality;
(5) Making a Government decision outside official channels;
or
(6) Affecting adversely the confidence of the public in the
integrity of the Government.
``Similarly, the following standards contained in 12 CFR Sec. 1605.7
apply to RTC employees:
No employees shall engage in any action, which might result
in, or create the appearance of . . .
(b) giving preferential treatment to any person; . . .
(d) losing complete independence or impartiality;
(e) making an RTC decision outside official channels; or,
(f) adversely affecting the public's confidence in the
integrity of the RTC.
``Likewise, the following standards apply to the White House--3 CFR
Sec. 100.735-4:
In all circumstances employees shall conduct themselves so
as to exemplify the highest standards of integrity. An
employee shall avoid any action, whether or not specifically
prohibited by this subpart, which might result in, or create
the appearance of:
(1) Using public office for private gain;
(2) Giving preferential treatment to any person; . . .
(4) Losing complete independence or impartiality;
(5) Making a Government decision outside official channels;
or
(6) Affecting adversely the confidence of the public in the
integrity of the Government.
``Perhaps laws have not been broken, but seldom have the public and
private ethics of professionals in the White House and executive
departments and branch agencies been so thoroughly devalued.
``The point of all this is that there is a disjunction in this
administration between public policy and private ethics. Americans
abhor privilege; hypocrisy gnaws at the American soul; it leaves a
dispiriting residue of resentment.
``What is also extraordinary is the absence of simple truth.
``Administration claim: Whitewater caused no losses to Madison.
``Fact: As reflected in the minority-developed charts and evidenced
by supporting documentation, Madison and affiliated companies
transferred significant resources to Whitewater. In addition to being a
modest-sized real estate company, with a cash flow derived from land
sales, Whitewater appears to be one of a dozen so companies with direct
or indirect access to Madison and its taxpayer guaranteed deposits.
``Administration claim: The Clintons lost money in Whitewater.
``Fact: To have lost in Whitewater implies that the Clintons invested
sums which were unrecovered. Their Whitewater partner, James McDougal,
[[Page 376]]
claims at most the Clintons over the years put in $13,500 in
Whitewater. The minority has provided evidence that one land
transaction alone returned more than this amount to the Clintons and
published reports indicate tax deductions of some value were taken. The
Lyons report, as well as a review of land sales, indicates substantial
sums were taken out of Whitewater over the years. It is not clear how
disbursements were arranged. What is clear is that infusions of capital
from land sales, from Madison-affiliated entities and possibly from
others appear to have covered loans the company and the Clintons took
out. The company may have had a negative value when the Clintons sold
their half interest in 1992, but that neither means the Clintons
themselves lost money, nor that questions ought not be asked about how
direct or contingent liabilities may have been disposed of as late as
1992.
``Administration claim: The President and his staff would fully
cooperate with Congress.
``Fact: The executive branch is actively working to prevent full
disclosure of documents and committee access to witnesses.
``Administration claim: It has done nothing wrong in relation to the
RTC investigation into the failure of Madison and is fully cooperating
with Special Counsel Fiske's probe.
``Fact: Officials of an independent regulatory agency--the RTC--
immediately notified the White House of the probe of Madison by its
Kansas City office and attempted to put in place procedural techniques
to undercut the traditional independence of its regional offices.
``Fact: In January 1994, RTC Washington met with Kansas City staff.
After the meeting the Kansas City office filed a formal complaint with
Washington RTC.
``Fact: On February 2, 1994, the day Roger Altman briefed the White
House on Madison Guaranty, RTC senior attorney, April Breslaw visited
the Kansas City office and said that Washington would like to say that
Whitewater caused no losses to Madison. Kansas City employees protested
that this was not the case.
``Fact: On September 29, 1993, before the new criminal referrals were
sent to the Justice Department, Treasury General Counsel Jean Hanson
briefed White House Counsel on them. Nine days after the meeting, the
referrals were sent to the Justice Department. On October 14, Jean
Hanson with Secretary Bentsen's press secretary and chief of staff met
with Presidential advisors ostensibly to discuss press inquiries
related to Madison Guaranty.
``Fact: On February 2, right after the appointment of Special Counsel
Robert Fiske, Roger Altman gave the White House a heads-up briefing on
Madison. At the Senate oversight board hearing, Roger Altman revealed
his February 2 meeting, but no others. Several days later, the
September and October White House briefings were revealed. On March 9,
the Washington Post reported that there were numerous other contacts
between the Treasury and the White House on Madison. After subpoenas
are issued it is revealed that there are over 3,500 pages of
documentation surrounding these contacts which the White House terms as
inconsequential.
``Fact: After the appointment of Special Counsel Fiske, Washington
RTC officials imposed censorship guidelines on Kansas City RTC
employees. No discussion with Fiske could be made without going through
Washington. No meetings between Kansas City office and Fiske could take
place without accompaniment of Washington officials. No materials could
be forwarded without going through Washington. All information
concerning attorney-client privilege was to be redacted, with
Washington RTC determining the scope.
``Administration claim: No fundraising improprieties occurred.
``Fact: On April 4, 1985, Jim McDougal hosted a fundraiser for
Governor Clinton. The Clinton's repeatedly asked McDougal to host the
fundraiser to pay off the $50,000 personal loan that Clinton had taken
out in the final weeks of his 1984 campaign. The question at issue is
whether some of the money appears to have been diverted from Madison
Guaranty, which would then, with the failure of Madison, imply deferred
Federal financing of a gubernatorial election. For example, one
cashier's check for $3,000 was made in the name of Charles Peacock III,
then a 24-year-old college student who disclaims any knowledge of
having made a contribution. Mr. Peacock's father was a major Madison
borrower and served at one time on Madison's board. Other checks that
the RTC is reviewing include a $3,000 check from the late Dean Landrum,
an employee of Charles Peacock, and one from Susan McDougal. In the
former Governor's defense, candidates are not always in a position to
verify their campaign contributions.
``Mr. Speaker, the President's former partner, Jim McDougal, in a
number of occasions has contested the assertion that no resources were
taken from Madison Guaranty and its related entities and given to
Whitewater. In an AP story on February 4, 1994, and on the `David
Brinkley Show' on March 13, 1994, he specifically raised concerns that
Madison Marketing was not owned by Madison Guaranty, but was instead a
sole proprietorship owned by his former wife. He has cited documents
filed with the Arkansas secretary of state's office to buttress his
claim.
``Mr. McDougal apparently believes there are subtleties about the
nature of Madison Marketing that need clarification. Mr. McDougal gives
great credence to the circumstance that at some point Madison Marketing
may have been operating as an intended proprietorship of his wife, but,
whether this is true, this appears to be a distinction without a
difference, form over substance. The overwhelming perspective as
contained in the 1986 Federal Home Loan Bank Board Report of
Examination is that all Madison Marketing resources were derived from
Madison Guaranty or its subsidiaries. Any money transferred to
Whitewater from Madison Marketing would thus have had as its source the
S&L. The 1986 FHLBB exam, upon which the earlier staff memo on this
subject was based, states:
A. Objectionable Conflicts of Interest: Conflicts of
interest involving James McDougal, Susan McDougal, and
William Henley have been detrimental to the safety and
soundness of the Institution. These individuals are in
control of the Institution (Madison Guaranty) through their
stock ownership. James McDougal owns 63.5 percent of the
outstanding Madison shares. His wife, Susan McDougal, owns
12.6 percent, and her brother, William Henley owns 8.5
percent. In addition to his ownership control, Mr. McDougal,
as President of the Institution's subsidiary (Madison
Financial), has complete control of the land development
projects discussed in comment.
B. This control enabled Mr. McDougal to structure the
development and financing of the projects so that substantial
cash payments could be diverted to himself, Susan McDougal,
William Henley and others. These payments have directly
benefited these individuals, but Madison Guaranty has
received little or nothing in return. Though they have been
structured to avoid specific Insurance Regulations, these
payments are contrary to the general policy of the FHLBB
concerning conflicts of interest as stated in Insurance
Regulation 571.9 and FHLBB Memorandum R-19a.
Many of these payments have been funneled through business
entities which are owned or controlled by the McDougals,
employees, relatives of employees, or close friends of the
McDougals and Henley.
Madison Marketing: Madison Marketing is paid for doing all
the general advertising for Madison Guaranty and most of the
advertising for Madison Financial's land development
projects. All of Madison Marketing's business is derived from
Madison Guaranty or its subsidiaries. Since 1983 these
payments total $1,532,000.
Given the evidence of Madison Marketing's invoices, it is
questionable how much of these advertising services are
actually performed by the firm. The actual work of
advertising, such as the design and production of commercials
and providing air time or newspaper space, appears to be
performed by others. Madison Marketing apparently just pays
the bills of other providers and adds a 15 percent fee of its
own. Examiners estimated this fee to be approximately
$200,000 since 1983. It would appear that Madison Guaranty
could have an employee perform similar work for much less
money.
Mr. Latham stated that Madison Marketing made no payments
to any stockholders. This statement is false. As a part of a
test for such payments, the examiners discovered two
remittances from Madison Marketing to Susan McDougal which
total $50,000. This was a test, and there may be additional
payments.
``Mr. McDougal apparently believes Madison Marketing should be
understood simply as a sole proprietorship of his wife with no ties to
the S&L. This view is in discordance with that of the U.S. Government,
as indicated by the FHLBB report cited above; it is also in discordance
with a contemporaneous view of the legal situation as defined
[[Page 377]]
and described by Mr. McDougal in a July 1, 1986, memorandum from him to
Madison guaranty's president, Mr. John Latham. In this memorandum,
which is a copy of an original Madison document in the possession of
the RTC and the minority of the House Banking Committee, Mr. McDougal
asserts:
In late January 1985, Mrs. McDougal permitted Madison
Marketing to become a subsidiary of Madison Financial
Corporation.
``In addition, Mr. Jeff Gerth of the New York Times has reported on
March 8, 1992, an earlier instance in which Madison Marketing
transferred resources to Whitewater. Mr. Gerth reported:
Whitewater's check ledger shows that Whitewater's account
at Madison was overdrawn in 1984, when the corporation was
making payments on the Clinton's loan. Money was deposited to
make up the shortage from Madison Marketing, an affiliate of
the savings and loan that derived its revenues from the
institution, records also show.
``In addition, David Hale and his attorney Randy Coleman have
asserted in recent days that it was proceeds of an $825,000 Madison
loan that was used to leverage SBA funds and to make the $300,000 loan
to Susan McDougal, of which $110,000 was deposited to Whitewater.
``This evidentiary material coupled with the April 17, 1985, minutes
of Madison Financial's board authorizing a transfer of $30,000
from Madison Financial to Whitewater, the memo of L. Jean Lewis of the
Kansas City RTC office showing over a 6-month period reviewed that
approximately $70,000 was transferred from Madison or affiliated
entities to Whitewater, plus other more confidential RTC material in
our possession indicates there is every credible reason to believe that
Madison Guaranty through affiliated entities did transfer money to
Whitewater.
``Furthermore, records filed with the Arkansas Secretary of State's
office show that Mr. McDougal, as president of Madison Financial
Corp.--a subsidiary of Madison Guaranty--on July 26, 1986, filed an
application for registration of fictitious name. The application was
for Madison Financial to do business as Madison Marketing. This
document does not represent incorporation papers. This application
appears to be in response to the 1986 Federal Home Loan Bank exam which
noted that with regard to Madison Marketing and Madison Real Estate,
Madison Financial had not registered as a ``doing business as'' in the
county records.
``The effect of this statement with its supporting documentation is
to evidence that:
``First, Whitewater may have begun as a legitimate real estate
venture but it came to be used to skim, directly or indirectly,
federally insured deposits from an S&L and a Small Business Investment
Corporation. When each failed, the U.S. taxpayer became obligated to
pick up the tab;
``Second, the family of the former Governor of Arkansas received
value from Whitewater in excess of resources invested;
``Third, taxpayer guaranteed funds were in all likelihood used to
benefit the campaign of a former Governor;
``Fourth, the independence of the U.S. Government's regulatory system
has been flagrantly violated in an effort to protect a single American
citizen; and
``Fifth, Congress and the Executive are employing closed society
techniques to resist full disclosure of an embarrassing circumstance,
with unfortunate precedent setting ramifications.
``Last month a BBC reporter asked me if we Americans weren't making
too much of this scandal. He raised a fair question. Compared with
petty potentates around the world, who routinely walk off with millions
and in some cases billions, conflicts of interest in American politics
are of petty variety. In this case, however, we have a situation where
a multithousand-dollar conflicts of interest led to a multimillion-
dollar hit on the taxpayer. That is the meaning to the failure of
Madison Guaranty. That is also the meaning of the Small Business
Investment Corporation called Capitol.
``It is simply not appropriate to shrug it off and say that this is
the way things are done in small States. They aren't in Nebraska, South
Dakota, or Iowa. It is simply not appropriate to say it isn't a Federal
issue. It is. The U.S. taxpayer has lost millions; homeowners in
Arkansas have lost institutions that were established to serve their
needs; minorities throughout the country cannot lightly shrug off yet
another instance in which a program designed to give them a crack at
the American dream was redirected to serve the investment ego a State
political establishment.
``It is suggested by the majority that we have better things to do
around here. There again is some truth to this. The minority also wants
to get on with the business of health care, welfare reform, crime
legislation. Indeed, we pledge to be constructive and are not blocking
any congressional consideration of these issues. But, in a larger
sense, it should be understood that these--we have better things to
do--laments suggest that ethics, governmental integrity, and the
possible misuse of the public's money should be secondary
considerations--something to worry about only when we have time. In a
democratic system, built and maintained on the confidence of the
people, placing such considerations last on the list of priorities is a
highly dubious game. Nothing works over the long haul if the public
loses confidence in its governmental institutions and the people who
operate those institutions. The task of keeping the people's confidence
may not be pretty or pleasant, but it is a first priority in our
system--not a last priority as all too many are suggesting today.
``Whitewater is less about the issues of the day than it is the
ethics of our time. It is a central issue not because
it is big, but precisely because it is small.
``The way we in America keep our scandals from becoming too big is by
holding people accountable when the amounts of money at issue are
relatively small. It is the principles at issue, not the dollar amounts
that matter.
``In conclusion, let me stress that the most difficult issue to deal
with is the question of proportionality. When the minority made its
restrained request for hearings last November, I suggested that while
there was fire with the smoke, Whitewater appeared to be more a camp
than forest fire. I now believe the fire has spread to the grass and is
heading to the trees but that it is still not too late to put it out
with full disclosure and full accountability. In this regard, I
suggested in a December, Washington Post editorial that when breaches
of law or public ethics occur, options often exist as to whether civil
or criminal remedies are appropriate. I presumptuously concluded then
and maintain now that there is no reason not to proceed with civil
accountability in a civil way. The last thing this country needs is a
year long trial or travail for the President of the United States. It
would divide the country and be unfair to the public as well as the
President.
``Accordingly, I have pledged to the President's counsel as well as
to the special counsel that I will do my best to put the issue behind
once disclosure is provided. Accountability is in order; a
constitutional crisis is not. The Presidency should neither be
jeopardized nor debilitated. Rather than high crimes and misdemeanors,
the issue today relates to high improprieties and breaches of the
public trust.''.
Additional Supporting Documentation
statement of the honorable james a. leach
1. Notes of Conversation between L. Jean Lewis and April
Breslaw, February 2, 1994. ``(T)he `head people', would like
to be able to say that Whitewater did not cause a loss to
Madison, but the problem is that so far no one has been able
to say that to them.'' Describes losses to Madison caused by
Whitewater.
2. Board of Directors Minutes, Madison Financial
Corporation, April 17, 1985. ``RESOLVED, that the Corporation
pre-pay to Jim McDougal $30,000.00 of his annual bonus in
recognition of the profits of the prior year and that said
bonus is to be paid directly to Whitewater Development.''
3. Application for Registration of Fictitious Name,
Applicant--Madison Financial, Fictitious Name--``Madison
Marketing'' (July 25, 1986).
4. Chronology of Criminal Investigation.
5. Letter of September 1, 1992 from L. Richard Iorio (RTC-
KC) to Steve Irons (FBI) transmitting criminal referral.
6. Letter of September 1, 1992 from L. Richard Iorio (RTC-
KC) to Charles A. Banks (DOJ) transmitting criminal referral.
7. RTC Internal Memorandum, May 3, 1993. Background remarks
and conversation with AUSA Bob Roddey's office re: Madison
Guaranty Savings referral.
8. RTC Internal Memorandum, May 19, 1993. Additional
conversation with Office of Legal Counsel for U.S.
Attorney's, U.S. Jus-
[[Page 378]]
tice Department, Washington, D.C. No record of Madison
criminal referral at Washington DOJ.
9. RTC-KC E-Mail, May 19, 1993. Madison matter forwarded to
Donna Henneman in ``Legal Counsel.'' Referral submitted to
that office ``because of the political ramifications and
political motivations.''
10. RTC-KC E-Mail, May 26, 1993. Follow-up call from Donna
Henneman (DOJ). RTC advised by an FBI agent in Little Rock
that it was a ``very solid case of check kiting, and was
highly prosecutable.'' Henneman was growing increasingly
frustrated by the situation, because she had seen the
information, knew that it had come in, and couldn't
understand why she was having such a hard time tracking where
the referral and exhibits had gone.
11. RTC-KC E-Mail, June 8, 1993. Conversation with Donna
Henneman (DOJ). Madison Referral has reappeared on her desk.
Criminal Division has sent memo to Doug Frazier (in Depty
Atty General Heyman's office) advising him that there was
``no identifiable basis for recusal of the U.S. Attorney in
the Eastern District of Arkansas.'' Referral sent to Frazier
for review and final decision.
12. RTC-KC E-Mail, June 23, 1993. Conversation with Donna
Henneman (DOJ). Package returned from Frazier. Frazier
appointed U.S. Attorney in Florida.
13. RTC-KC E-Mail, June 23, 1993. Further Conversation with
Donna Henneman (DOJ). Spoke with Doug Frazier. Decision made
to return the referral back to the Arkansas U.S. Attorney. No
basis for recusal.
14. RTC-KC E-Mail, June 29, 1993. Source indicates Madison
referral has been returned to Little Rock. Acting U.S.
Attorney will not act on referral. It is being held until
U.S. Attorney designee Paula Casey takes office.
15. RTC-KC E-Mail, September 23, 1993. Conversation with
Donna Henneman (DOJ). Washington DOJ would like to be copied
on all future transmittal letters concerning Madison
referrals with an additional one paragraph summary of the
content of the referrals with the transmittal letters, so
that Henneman will be aware of those with ``sensitivity
issues.''
16. RTC-KC E-Mail, September 29, 1993. Conversation with
Donna Henneman (DOJ). DOJ would like copies of all future
Madison referrals sent to Washington in addition to sending
to U.S. Attorney in Little Rock. Henneman will confirm this
in writing.
17. RTC-KC E-Mail, September 29, 1993. Conversation with
Donna Henneman (DOJ). Washington DOJ withdrawing request for
referrals to be sent directly to Washington, but would still
like copies of transmittal letters with addendum summary
paragraph.
18. RTC-KC E-Mail, October 26, 1993. Conversation with
FDIC-Memphis concerning Exam Reports.
19. RTC-KC E-Mail, October 27, 1993. Conversation with
Donna Henneman (DOJ). Inquiry on whether declination letter
had arrived from Little Rock U.S. Attorney.
20. Letter of October 27, 1993 from Paula J. Casey (U.S.
Attorney) to L. Jean Lewis (RTC). Declination letter on the
Madison referral.
21. Letter of November 1, 1993 from L. Jean Lewis (RTC) to
Paula J. Casey (U.S. Attorney). Confirmation of declination
letter and the stipulation from October 27th letter that the
matter was concluded prior to the beginning of Paula Casey's
tenure and that the RTC had never been advised of such
result. Chronology of correspondence between RTC and DOJ.
22. RTC-KC E-Mail, November 10, 1993. Notice of new RTC
lead investigator on Madison. L. Jean Lewis removed as lead
investigator. ``The Powers That Be have decided that I'm
better off out of the line of fire . . .''
23. RTC-KC E-Mail, November 15, 1993. Transmittal of white
paper outlining chronology of events related to 1992 Madison
referral. Challenges news article indicating that decision to
decline Madison referral had been prior to Paula Casey's
appointment.
24. RTC-KC E-Mail, November 15, 1993. Discussion of meeting
with Donald MacKay. ``He's coming here to evaluate us, our
work, and to try and decide just how good this case is, and
how he can best deal with a very sensitive political
situation.''
25. Letter of December 21, 1993 from Michael Caron (RTC) to
Bill Houston (FDIC-Memphis). Seeking information on banks
involved in loan swapping.
26. RTC-KC E-Mail with attachment, January 6, 1994.
Discussion of contact with reporter.
27. RTC Memorandum of January 14, 1994 from Jack Ryan to
RTC Vice Presidents and Assistant Vice Presidents.
Requirement that the collection and distribution of all
information and material responsive to requests concerning
Madison be coordinated through RTC-Washington.
28. RTC-KC E-Mail, January 25, 1994. Establishment of
Madison review team.
29. RTC-KC E-Mail, February 7, 1994. Conversation with
Little Rock U.S. Attorney's office. ``(H)e'd spoken to Jeff
Gerrish recently, and that Gerrish was `absolutely astounded'
that nothing more was ever done criminally with Madison,
beyond the Castle Grande transaction.
30. RTC-KC E-Mail, January 5, 1994. RTC Washington review
of Madison investigators. Response memo from supervisor
stating, ``FYI. This is way out of line. I have already
contacted WDC and filed a formal complaint.''
31. Letter of October 10, 1983 from C.J. Giroir, Jr. (Rose)
to James B. McDougal. Pursuant to discussion with Hillary
Clinton enclosing a billing for Madison Bank & Trust dated
December 23, 1981.
32. Memorandum to Governor Bill Clinton from Jim McDougal,
February 7, 1985. ``Kathy called yesterday to ask for my
recommendations for two people to fill the vacancies on the
State Savings and Loan Board. * * * Bill, we are down to only
about 15 State-chartered savings and loan institutions and I
am about the only one around who has any interest in this
board.''
33. Letter of December 12, 1984 from James B. McDougal
(Whitewater Development Co.) to Ron Proctor (Citizens Bank).
``I have been unsuccessful in trying to meet with Bill and
Hillary to sign the vote renewal. I have forwarded to them by
messenger this morning the note and an envelope with which to
forward it to you. Each month we will deposit into our
account at Flippin an amount sufficient to cover the monthly
payment.''
34. Memorandum to John Latham from Jim Mcdougal, April 18,
1985. ``I want this preferred stock matter cleared up
immediately as I need to go to Washington to sell stock.''
35. Memorandum to John Lathan from Jim McDougal, February
19, 1985. ``Proceed with your idea on the subordinated notes.
We need to make a decision on Madison Bank & Trust.''
36. Memorandum to John from Jim, January 7, 1985. ``You,
Greg, and I need to discuss Securities License. First South
has one on by its Service Corporation.''
37. Memorandum to John Lathan from Jim McDougal, July 11,
1985. ``I need to know everything you have pending before the
Securities Commission as I intend to get with Hillary Clinton
within the next few days.''
____
Notes From the Conversation Between RTC Senior Criminal Investigator L.
Jean Lewis and FDIC Attorney April Breslaw on February 2, 1994, From
Approximately 3:50 p.m. Until 4:35 p.m.
April stated that ``the people at the top'' keep getting
asked about Whitewater, which seems to have become a catch
all phrase for Madison and it's related investigations. She
said that eventually ``this group'' is going to have to make
a statement about whether or not Whitewater caused a loss to
Madison, but the fact that Whitewater had no loan at Madison
provided less potential for a loss. April stated very clearly
that Ryan and Kulka (?), the ``head people'', would like to
be able to say that Whitewater did not cause a loss to
Madison, but the problem is that so far no one has been able
to say that to them. She felt like they wanted to be able to
provide an ``honest answer'', but that there were certain
answers that they would be ``happier about, because it would
get them off the hook.''
April felt that it would have been difficult to determine
exactly what happened with the Whitewater account, because so
many checks had gone in and out of the account, and made a
reference to the end resulting netting itself out. She asked
about Greg Young's work papers on the Maple Creek Farms
reserve for development analysis, and how it didn't seem to
have any apparent tie to Whitewater. I concurred that it
didn't have any legitimately defined tie, which is precisely
why it was included in the referral.
She inquired about the $30,000 check to Jim McDougal from
Whitewater in 5/85, and about the disposition of the funds. I
explained the transaction as I know it: the $30,000 had been
converted to a MGS&L cashier's check, which was subsequently
endorsed by ?????? and deposited to Riggs National Bank. I
explained that when the check was force paid, the Whitewater
account was overdrawn by over $28,000 which was then
subsequently covered by the payment of a $30,000 bonus from
MFC to Jim McDougal, deposited directly to Whitewater on
McDougal's orders.
She asked how we could get to a clear cut answer as to
whether or not Whitewater caused a loss to Madison. I stated
that, as far as I am concerned, there is a clear cut loss. I
also stated that any attempt to extract Whitewater as one
entity from the rest of the McDougal controlled entities
involved in the alleged check kite will distort the entire
picture. I further pointed out that I would produce the
answers that were available, but that I would not facilitate
providing ``the people at the top'' with the ``politically
correct answers just to get them off the hook''.
She asked questions about the specifics of the checks going
through the Whitewater account. I stated that it appeared
that the majority of the checks written out of the Whitewater
account during the window time frame were going to other
financial institutions to make loan payments. I also said
that the referral focused only on a short time frame, but
that if that same research were conducted for a two year
period, it was my belief that the losses to Madison from the
Whitewater account alone would easily exceed $100,000, given
that $80,000 had gone out of the account during the six month
window time frame. I further added that the end loss result
from the entire scam, using all 12 companies/entities, would
be hundreds of thousands of dollars in what were essentially
unauthorized loans.
I stated that if she wanted me to tell her, unequivocally,
that Whitewater didn't cause a loss, I could not do that. I
could only reiterate the allegations contained in the
referral, which are based on fact, and that it is my opinion
and belief that Whitewater did,
[[Page 379]]
in fact, cause a loss to Madison because of the amount of the
unauthorized loans that McDougal made, through the check
kite, to entities in which he was a primary party and
beneficiary. I also pointed out that this ultimately
benefited his business partners--the same business partners
that knew they had real estate ventures that were not cash
flowing, but that also knew their mortgages and/or notes were
somehow being paid. I pointed out that these business
partners are intelligent individuals, the majority of them
being attorneys, who must have concluded that McDougal was
making the payments for their benefit. I posed the question
to her, if you know that your mortgages are being paid, but
you aren't putting money into the venture, and you also know
the venture isn't cash flowing, wouldn't you question the
source of the funds being used to your benefit? Would you
just assume that your partner was making these multi-thousand
dollar payments out of the goodness of his heart? Wouldn't
you wonder even more if you knew that your business partner's
main source of income, and S&L, was in serious financial
difficulty, which by 1985 was fairly common knowledge?
We discussed the initiation of the MGSL investigation, and
how evidence of the check kite came to light. I explained
that after reviewing a series of checks, all of which noted
``loan'' in the memo field, I discerned a pattern that looked
like a check kite, and proceeded to trace funds through the
various accounts, which is a standard investigations
procedures. The end result was the referral alleging a
massive check kite. I also advised April that I had been told
by both the U.S. Attorney's office (Mac Dodson), and the FBI
(Steve Irons) that this was a highly prosecutable case of
check kiting. I also told her that I disputed the declination
of that referral on the basis of ``insufficient
information''. She commented that ``that's what Grand Juries
are for'', and I pointed out that it generally seemed to be
the policy of the U.S. Attorney to agree to open a case
before they would start Grand Jury proceedings. I also noted
that I found the treatment of that particular referral by the
Justice Department to be highly unusual. This concluded our
discussion.
____
Minutes of Meeting Madison Financial Corp.
The Board of Directors of Madison Financial Corporation met
on April 17, 1985, at 1:00 p.m. at the offices of Madison
Financial Corporation at 16th and Main Streets, Little Rock,
Arkansas. All directors were present. The minutes of the
previous meeting were read and approved as recorded.
The first order of business, introduced by John Latham, was
the matter of authorizing prepayment of Jim McDougal's bonus.
After a full discussion, the following resolution was
unanimously adopted, with Jim McDougal abstaining from the
voting:
``Resolved, that the Corporation pre-pay to Jim McDougal
$30,000.00 of his annual bonus in recognition of the profits
of the prior year, and that said bonus is to be paid directly
to Whitewater Development.''
There being no further business, the meeting was adjourned.
James B. McDougal,
Chairman.
____
State of Arkansas
office of the secretary of state,
Application for Registration of Fictitious Name
To: W. J. ``Bill'' McCuen,
Secretary of State
State Capitol, Little Rock, AK.
Pursuant to the provisions of Section 95 of the Arkansas
Business Corporation Act, (Act 576 of 1965), the undersigned
corporation hereby applies for the registration of the use of
a fictitious name and submits herewith the following
statement:
1. The fictitious name under which the business is being,
or will be conducted by this corporation is: Madison
Marketing.
2. The character of the business being or, to be conducted,
under such fictitious name is: Advertising and public
relations.
3. (a) The corporate name of the applicant is: Madison
Financial Corp.
(b) the State of incorporation is: Arkansas.
(c) The location (giving city and street address) of the
registered office of the applicant corporation in Arkansas
is: 2124 First Commercial Building, Little Rock, AR.
4. The applicant states that if it is a foreign corporation
that it is admitted to and authorized to do business in the
State of Arkansas.
5. The filing fee in the amount of $10.00 is enclosed.
Name of Applicant Corporation: Madison Financial
Corporation.
Signature: James B. McDougal, President.
Address: P.O. Box 1583, Little Rock, AR.
____
Criminal Investigative Chronology of Events
march 9 to 23, 1992
Madison Guaranty Savings & Loan ("MGSL") and it's alleged
ties to Whitewater Development Corporation (``Whitewater'')
and Bill & Hillary Clinton were reported in a 3/8/92 New York
Times article by Jeff Gerth. MGSL owner and board chairman,
James B. McDougal, had been previously tried and acquitted on
bank fraud charges in 6/90.
Inquiries regarding these ties emanated from both RTC
Investigations in Washington, D.C., and the former Director
of the Tulsa Consolidated Office. The Washington inquiry went
through the Kansas City Regional Investigations Office to the
Tulsa Consolidated Investigations office, who was responsible
for investigating failed Arkansas thrifts. The question was
raised as to whether Whitewater's relationship with MGSL had
been reviewed, and were there any resulting losses or
potential criminal activity documented. As a result of this
inquiry, the Tulsa office criminal investigator assigned to
the Arkansas thrifts was asked to work with the civil
investigator in reviewing the completed investigative
findings to date. Over a two week period, the criminal
investigator reviewed all thrift records obtained from the
institution at the time of conservatorship which were stored
in the Tulsa office. These records included the available
Board Minutes, committee and subsidiary minutes, Fidelity
Bond policies, FHLB exams from prior years, outside audits,
legal correspondence files and various limited loan files. No
mention was found of any Whitewater relationship with MGSL.
march 25 to April 15, 1992
During this time frame, Tulsa Investigations learned that a
former MGSL employee, subsequently (and still) an attorney in
the employment of a Little Rock law firm handling extensive
litigation in Arkansas for the TRC, had allegedly fabricated
at least two years of minutes for an MGSL subsidiary, Madison
Financial Corporation (``MFC''). The criminal investigator
was asked to review daily records created by the former
employee, who was at that time the executive assistant to
former MGSL president, John Latham. Latham pled guilty to one
charge of bank fraud in 1989. Copies of the former employee's
records had been shipped to Tulsa, where it would be
determined if further investigation was appropriate. An
affirmative decision was reached during the first week of 4/
92. While this review was being conducted, the civil
investigator was reviewing additional Madison records stored
in Little Rock under the control of the post-receivership
assuming bank, Central Bank & Trust(``CB&T''). These records,
which had never been inventoried by either MGSL or CB&T, were
stored in a downtown Little Rock warehouse, and included, but
were not limited to, former officer correspondence, legal
files, subsidiary land development and investment files,
microfilm, demand deposit (checking) account records/binders,
cancelled checks, etc.
Based on the findings of these concurrent criminal and
civil investigative reviews, the decision was made that both
investigators should travel to Little Rock for a more
extensive review of the warehoused documents. At this point,
the criminal investigation, which had been previously
scheduled for late 1992, was rescheduled to 4/92.
april 20 to 24, 1992
The investigators conducted an extensive review of the
warehoused records, and the criminal investigator talked with
the FBI and U.S. Attorney's office regarding the 1990 trial
of former MGSL owner James B. McDougal. The criminal
investigator learned that the FBI was previously aware of the
fabricated subsidiary minutes and had taken no criminal
action. Tulsa Investigations management was advised
accordingly and that aspect of the review was suspended.
The warehoused records revealed additional Whitewater
checking account statements, raising further questions about
the payee's on some of Whitewater's checks. A number of
documents belonging to the former Chief Financial Officer of
MGSL/MFC were located. Among these documents were several
accountant/ledger worksheets on numerous MFC subsidiary land
``developments'', all of which were heavily subsidized by
MGSL. Included in one of the development worksheets marked
``Maple Creek Farms'' was an item denoting a $30,000 charge
to Whitewater for the cost of an engineering survey; this was
the first indication of a relationship between MGSL and/or
MFC and Whitewater beyond the existence of the Whitewater
checking account. Original microfilm, along with pertinent
original documents from the warehouse, were sent back to
Tulsa for further investigation. Research was conducted on
twelve McDougal and/or McDougal business partner controlled
accounts, including Whitewater. Check copies were produced
for a two year period between 6/84 and 6/86; a standard
investigative procedure when tracing the flow of funds.
may 1 to july 15, 1992
During the first week of 5/92, all Tulsa Consolidated
Office employees were advised that the Tulsa office would be
permanently closing at the end of 7/92. All Tulsa
Investigations records were shipped to the Kansas City
Office, thus putting the Madison investigation on hold. The
copy process on the McDougal and/or McDougal business partner
controlled accounts was suspended as well, due to equipment
and records relocation.
august 1 to september 2, 1992
The criminal investigator transferred to the Kansas City
office at the end of 7/92, resuming the analysis of Madison
documents and checks. A criminal referral (#C0004) was
subsequently generated alleging a $1.5 million check kiting
scheme between the McDougal and/or McDougal business partners
controlled entities, including Whitewater. This referral was
submitted to the FBI and U.S. Attorney, Eastern District of
Arkansas on 9/2/92.
september 3 to december 15, 1992
Having submitted the initial referral on MGSL, the criminal
investigator redirected priorities to the ongoing
investigations of three other failed thrifts, which were
intensifying. First Federal Savings, Paragould,
[[Page 380]]
Arkansas, which was reaching suspect plea negotiations, First
America Savings, Ft. Smith, Arkansas, which had been referred
from jurisdiction in the Western District of Arkansas to the
Dallas Fraud Task Force, and Cimmaron Federal Savings,
Muskogee, Oklahoma, for which investigations had received an
allegation of potential fraud from the managing agent.
Throughout these investigations, the criminal investigator
continued to request and monitor a response on MSGL referral
#C0004.
december 15, 1992, to March 14, 1993
The U.S. Attorney's office did not offer any standard
response to the MGSL referral, advising either that a case
would be opened or that prosecution would be declined, for
three months. In response to numerous calls from the criminal
investigator during that time, the Little Rock FBI Special
Agent in Charge sent a letter of acknowledgement to the RTC
stating that both the FBI and U.S. Attorney had received the
referral and exhibits. The investigator continued to work on
the aforementioned institutions while continuing to monitor a
potential response on the MGSL referral.
march 15 to may 4, 1993
The criminal investigator initiated a preliminary review of
criminal activity at Savers Savings, Little Rock, Arkansas,
out of which a former borrower had been convicted and
sentenced in conjunction with a failed Texas S&L. This review
involved extensive interviews with the borrower, and a review
of his personal and corporate records prior to his sentencing
and incarceration in late 4/93. The investigator continued to
make verbal requests for a written response from the FBI or
U.S. Attorney on MGSL referral C0004.
may 4 to 25, 1993
On 5/4/93, the criminal investigator sent a letter to the
U.S. Attorney inquiring about the status of the referral. The
response from the U.S. Attorney referred the investigator to
the U.S. Justice Department in Washington D.C. The criminal
investigator initiated a series of calls to DOJ/Washington to
ascertain the status of the referral. Simultaneously, the
criminal investigator, criminal investigations department
head and the field investigations officer determined that the
most expedient way to complete the investigation of
previously defined criminal allegations at MGSL was to
supplement the investigative manpower.
may 31 to june 4, 1993
Three additional criminal investigators were assigned the
task of reviewing loan transactions, checking accounts and
subsidiary lending transactions to ascertain the level of
criminal activity at both MGSL and MFC. The lead
investigator, along with another task assigned investigator,
returned to the Little Rock warehouse for further document
review. The investigators additionally travelled to four
other counties to review land records pertaining to property
sales, loan and mortgages reflected in the County Clerk's
offices. Those findings were shared with the other assigned
investigators.
june 5 to october 8, 1993
The four investigators reviewed and analyzed all available
MGSL transactional information for the ensuing 120 days. As a
result, nine additional criminal referrals involving multiple
MGSL and MFC transactions were generated and submitted to the
U.S. Attorney and FBI on 10/8/93.
october 17, 1993
The lead criminal investigator received a letter from the
new U.S. Attorney for the Eastern District of Arkansas, Paula
J. Casey. The letter stated that referral #C0004, submitted
9/2/92, had been declined due to ``insufficient
information''.
november 1, 1993 to January 24, 1994
RTC Criminal investigations continues to support the
investigative efforts of the FBI and U.S. Attorney by
providing MGSL and MFC documents warehoused in Kansas City,
and offering assistance with ongoing subpoena compliance.
The responsibility for investigation of all failed Arkansas
thrifts was assumed by the Tulsa RTC Office of Investigations
during the first quarter of 1991. Responsibility was assumed
from the Eagan/Minneapolis RTC Office of Investigations; the
lead Eagan investigator for Madison Guaranty Savings, Little
Rock, Arkansas at that time was Mike Hammerly.
When the Tulsa office assumed this responsibility, Madison
Guaranty was assigned to civil Investigator Wyatt Adams.
Shortly after the reassignment of the Arkansas thrifts,
several members of the Tulsa Office of Investigations made a
sweep through the failed Arkansas shops and appropriated all
the records deemed necessary for the effective completion of
both civil and criminal investigations.
In mid summer 1991, Investigator Wyatt Adams traveled to
Little Rock to review Madison Guaranty records held by the
acquiring entity, Central Bank and Trust, in an old, non-
climate controlled building downtown on the river, which had
been converted to a ``records storage'' facility. According
to Adams, when he arrived there were extensive records in
poor condition, haphazardly heaped into the storage space on
the second floor, which was poorly lit and protected by a
chain link fence and a padlock. Boxes were on their sides
with records dumped out, DDA binders were poorly stacked in
one corner, and multiple boxes had been shoved into shelving,
with no identifiable inventory. It should be noted that these
records were already in the warehouse at the time of the
Investigations team Spring 1991 ``sweep'' through the
Arkansas thrifts, and that the former Managing Agent concurs
that, to his knowledge, there was no inventory of these
records.
In July 1991, the criminal investigation of Madison
Guaranty was assigned to Investigator Jean Lewis. A follow-up
criminal investigation was tentatively slated to begin during
the third quarter of 1992, due to the fact that former thrift
owner James B. McDougal had previously been tried on Bank
Fraud charges stemming from Madison Guaranty, and was
acquitted in 1990. The follow-up investigation was intended
to ensure that any remaining potential criminal matters had
been properly reviewed and addressed.
In March 1992, Senior Investigator Specialist Jon Walker
contacted the Kansas City regional RTC office regarding an
article that has appeared in the New York Times stating
possible ties between Whitewater Development, Madison
Guaranty Savings and Loan, and Bill & Hillary Clinton.
Personnel in the KC regional office then contacted the Tulsa
office with a request that this issue be reviewed to
determine if Investigations was aware of, had reviewed and/or
appropriately addressed matters pertaining to the possible
relationship between Whitewater Development and Madison
Guaranty.
After a review of all available Tulsa Investigations
inventory documents, Investigators Adams and Lewis were
detailed to the warehouse in Little Rock to review the
remaining Madison records and ensure that nothing had been
overlooked with regard to any potential action on this
matter. Investigator Lewis noted, with concurrence from
Adams, that upon arrival that the records were in very poor
condition, appeared to have been dumped and/or crammed into
the warehouse space, and that there was no available
inventory provided by Central Bank & Trust personnel which
could identify the nature of these records. Investigator
Adams noted that this was the same condition in which he'd
found the records in 1991. Boxes had to be rearranged in
order to establish work space and room for a table and two
chairs.
During the review of these records, neither Investigator
Adams or Lewis located any loan files and loan records
relating specifically to Whitewater Development or the
Clintons. Investigator Adams then went through a number of
Demand Deposit Account binders, to ascertain if Whitewater
had maintained a checking account at Madison Guaranty. He
located an account and statements for 1984, 1985 and 1986.
Investigator Lewis reviewed multiple boxes of records, and
recovered several documents from former thrift officer files
that warranted further review. Among those documents was a
ledger sheet marked ``Reserve for Development--Maple Creek
Farms'' from the records of former Madison CFO Greg Young. On
that ledger sheet was noted a $30,000 development reserve
cost for an engineering survey charged to Whitewater
Development. There was also a limited amount of microfilm
located at the warehouse, which was appropriated under the
terms of the P&A Agreement and returned to Tulsa along with
several DDA binders, with permission from Central Bank &
Trust. A signed receipt containing an itemized list of the
documents taken by Investigators Adams and Lewis was left
with * * * of CB&T.
Prior to departing Little Rock, Investigators Adams and
Lewis reviewed the Madison daily work film held by Central
Bank & Trust to research the flow of funds through the
Whitewater account as pulled from the monthly statements,
which is a standard operating procedure for Investigations.
Several checks payable to the Bank of Cherry Valley which
identified loan numbers, were identified and copied from the
daily work. Also copied were numerous checks payable to
entities entitled Pembroke Manor, Rolling Manor, Madison
Marketing and others, all of which were signed by James or
Susan McDougal, payable to Whitewater Development and
contained the notation ``loan'' in the memo filed on the
check. Accounts were located and reviewed for these other
identified entities; similar checks containing the ``loan''
notation were found to have been paid between the entities.
At that time, both investigators concurred that additional
research would be appropriate, and requested all available
film relating to Madison Guaranty and returned it to Tulsa,
leaving a receipt for the film, binders and original
documents pulled from former office files with CB&T employee
Bonnie Crocheron. Copies of the entity statements and checks
were pulled and/or duplicated from film for the years 1984,
1985 and 1986. * * *
After the original film was duplicated, the duplicates were
returned to Central Bank & Trust for their retention, and the
original film was retained in Tulsa by an RTC research
contractor. The criminal investigation of Madison then
continued, as the civil claims had previously been closed out
by PLS.
In conjunction with the ongoing Madison investigation,
Kansas City Investigators Jean Lewis and Randy Knight
traveled to Little Rock in 5/93 to revisit the Madison
records held in the downtown warehouse. Upon arrival
Investigator Lewis immediately noted the condition of the
records was significantly more organized than it had been
during the previous visit, and it was evident that a number
of boxes had been cleared out.
During this visit to the warehouse, Investigator Lewis
learned from the storage facility attendant that the law firm
of Mitchell,
[[Page 381]]
Selig, Jackson, Tucker & White, former general counsel to
Madison Guaranty Savings, also stored records at the
warehouse.
A number of the remaining boxes were reviewed, and the keys
returned to * * * at Central Bank & Trust. At that time,
Investigator Lewis noted to * * * that the warehouse seemed
to lack a number of boxes that had previously been there, and
* * * advised that some of the records had been retrieved and
were being held in a back room at the bank (CB&T). When asked
why this had not been disclosed when the keys had been picked
up rather than returned, Ms. Crocheron's response was ``you
didn't ask.''
It should be noted that, according to the US Attorney's
staff in Little Rock, * * * to Madison and was summoned
before the Grand Jury for testimony. The outcome of that
investigation has never been disclosed to this office.
In conjunction with the ongoing FBI investigation of the
RTC's referrals, Investigations advised the FBI that
additional original Madison Guaranty microfilm, along with
the records at the warehouse, were under the control of
Central Bank & Trust. It is the understanding of Kansas City
Office of Investigations that the aforementioned records have
now been subpoenaed by the U.S. Attorney's office and are now
under the control of the Little Rock FBI. The original
Madison film held by Investigators has also been turned over
to the FBI along with other records subject to Grand Jury
Subpoena.
____
Resolution Trust Corporation,
Kansas City, MO, September 1, 1992.
Ms. Steve Irons,
Supervisory Special Agent, White Collar Crime Unit, Federal
Bureau of Investigation, Two Financial Centre, Suite 200,
Little Rock, AR.
Re: No. 7236 Madison Guaranty Savings & Loan, Little Rock,
Arkansas--In Receivership (11/29/90), Criminal Referral
Number C0004.
Dear Sir: Certain matters have come to our attention which
may constitute criminal offenses under Federal law. Enclosed
is a report of an Apparent Criminal Irregularity.
Information in this referral may have been derived from
financial records of customers of federally insured financial
institutions. I hereby certify that (A) there is reason to
believe that these records may be relevant to a violation of
Federal criminal law, and (B) the records were obtained in
the exercise of the RTC's supervisory or regulatory
functions.
Due to the extensive nature of the exhibits relating to
this referral, they are being submitted to the U.S.
Attorney's office under separate cover at a later date.
Please direct any inquiries to the Investigator identified
on the referral form, or to Lee O. Ausen, Department Head/
Criminal Investigations, Kansas City Consolidated Office.
Sincerely,
L. Richard Iorio,
Field Investigation Officer.
Enclosure.
____
Resolution Trust Corporation,
Kansas City, MO, September 1, 1992.
Hon. Charles A. Banks,
U.S. Attorney, Eastern District of Arkansas, U.S. Post Office
and Courts Building, Little Rock, AR.
Re: No. 7236 Madison Guaranty Savings & Loan, Little Rock,
Arkansas--In Receivership (11/29/90), Criminal referral
Number C0004.
Dear Sir: Certain matters have come to our attention which
may constitute criminal offenses under Federal law. Enclosed
is a report of an Apparent Criminal Irregularity.
Information in this referral may have been derived from
financial records of customers of federally insured financial
institutions. I hereby certify that (A) there is reason to
believe that these records may be relevant to a violation of
Federal criminal law, and (B) the records were obtained in
the exercise of the RTCs supervisory or regulatory functions.
Due to the extensive nature of the exhibits relating to
this referral, they are being sent to your office under
separate cover.
Please direct any inquiries to the Investigator identified
on the referral form, or to Lee O. Ausen, Department Head/
Criminal Investigations, Kansas City Consolidated Office.
Sincerely,
L. Richard Iorio,
Field Investigations Officer.
Enclosure.
____
memorandum
To: Criminal Admin File.
From: Jean Lewis, Criminal Investigator.
Date: May 3, 1993.
Re: Background remarks and conversation with AUSA Bob
Roddey's office re: Madison Guaranty Savings referral.
In March 1993, shortly after the departure of former U.S.
Attorney Chuck Banks, I was advised by AUSA Bob Roddey on an
unofficial basis, that Banks had forwarded the ``Madison
referral'' to Justice in Washington D.C. almost immediately
after receiving it last September; Roddey also added that
Banks had taken this action as the referral was ``politically
hot''.
I contracted Roddey's office early this afternoon to see if
AUSA Floyd Mac Dodson was still with the U.S. Attorney's
office, or if he had left with Chuck Banks. I was advised by
Roddey's secretary, Laura, that Dodson did, in fact, leave
with Chuck Banks, and she offered me their number, which I
declined. I asked her what would have happened to Dodson's
cases, and she offered to ``check the computer'' and call me
back, if I could give her a specific case, which I did,
identifying Madison Guaranty Savings criminal referral
#C0004.
Approximately five minutes later, Laura called back and
advised me that no record of that referral showed up in their
computer system; she then advised me that in conversing with
AUSA Roddey, he told her that Banks had sent it to Justice in
Washington, and that ``we'd probably never hear about it
again''.
A letter inquiring about the status of the referral has
been prepared to send to U.S.A. Pence later today.
Richard Iorio
Lee Ausen.
____
memorandum
To: Criminal Admin. File.
From: Jean Lewis.
Date: May 19, 1993.
Re: Additional conversation with Office of Legal Counsel for
U.S. Attorney's, U.S. Justice Department, Washington,
D.C.
In following up my previous discussion with the Office of
Legal Counsel on May 13, I contacted Dyone Mitchell
(secretary) of that office to see if she had been able to
determine the status of the Madison referral, as I had not
heard back from her. She consulted her notes and advised me
that they ``have no record of that referral, it is not in
their computer system, it has not been given to an
attorney''; upon repeating this response to her, she
reiterated ``no ma'am, that referral has not been submitted
to this office.''
After advising Lee Ausen and Richard Iorio of this
conversation, the decision was made to resubmit the referral
through the U.S. Attorney's office in Little Rock, and
contact Ms. Mitchell in the Office of Legal Counsel to see if
that office should be copied on the referral and letter to
Richard Pence, U.S. Attorney in Little Rock. I contacted Ms.
Mitchell again to inquire as to whether that office should be
copied on the referral. She said yes, and when I asked to
whose attention it should be directed, she responded that it
should be sent to Acting Assistant Attorney General Daniel
Koffsky, as the Assistant Attorney General, Mr. Dellinger,
has not yet been confirmed.
The letter of re-submission will be prepared this
afternoon, with a copy going to Mr. Koffsky's attention.
____
To: L. Richard Iorio and Lee O. Ausen.
From: L. Jean Lewis.
Subject: No. 7236/Madison Guaranty Savings.
Date: Wednesday, May 19, 1993.
In following up on the suggestion that Mr. Daniel Koffsky,
Acting Assistant Attorney General, be sent a copy of Madison
referral No. C0004, I contacted the Office of Legal Counsel
to verify the correct address. In speaking with Dyone
Mitchell of that office, I reiterated the address provided by
US Atty Richard Pence, which reads: Office of Legal Counsel,
Executive Office for U.S. Attorneys, U.S. Justice Department,
Washington, DC 20530.
The letter provided the phone number (202) 514-2041.
Ms. Mitchell advised that the Office of Legal Counsel and
the Executive Office for the U.S. Attorney's were two
separate sections, and that the referral may have been
forwarded to the Executive Office instead of legal Counsel.
She then connected me with the operator, who put me through
to the Executive Office where I spoke with Stephanie Kennedy.
I explained to Ms. Kennedy what I was looking for, and she
said she would get back to me this afternoon.
She called me back at 3:30, and advised that she had
forwarded the matter on to Donna Henneman in ``Legal
Counsel'', who would check it out and call me back tomorrow.
I then contacted Ms. Henneman to offer background information
on what I was looking for. When I explained that it was a
referral out of Madison Guaranty, forwarded to that office by
Chuck Banks, she had immediate knowledge, stating ``oh, the
one involving the President and his wife''. She then stated
that the referral had been sent to that office (exactly which
office is till unclear to me) as a special report for the
attention of the Attorney General, and not as a referral for
prosecution. She then stated that ``anytime a referral comes
in that would make the department look bad, or has political
ramifications, it goes to the Attorney General.'' She further
added that the referral had been submitted to that office
``because of the political ramifications and political
motivations'', and then told me that referrals were not
prosecuted out of that office. She then stated that the
referral had been declined. I advised her that the referral
had not been declined, and read her the letter sent to this
office by U.S. Attorney Richard Pence. She acknowledged that
she was confused, and told me she would speak with her
supervisor, Deborah Westbrook, and have her call me back
tomorrow. I then asked for Ms. Henneman's title, and she
informed me that she was the Ethics Program Manager. I
thanked her and ended the conversation.
I'll keep you posted if and when I hear from Ms. Westbrook.
____
To: L. Richard Iorio and Lee O. Ausen.
From: L. Jean Lewis Investigations
Subject: No. 7236/Madison Guaranty.
Date: Wednesday, May 26, 1993.
I've just received a follow-up call from Donna Henneman at
Justice in D.C. She in-
[[Page 382]]
formed me that after speaking with Deputy Director/EO Wayne
Rich she learned that referral #C0004 had been sent to former
Special Counsel Ira Raphelson. I noted that Mr. Raphelson is
now in private practice, she concurred and said that she
wasn't sure where it had gone after he left, but that she was
going to call the ``criminal fraud division at Justice'' and
see if they are prosecuting the case or if a declination
letter has been issued. I restated that, to my knowledge, the
referral had not been declined, and that I had been advised
by an FBI agent in Little Rock that it was a ``very solid
case of check kiting, and was highly prosecutable.''
I then identified the suspects named in the referral for
her reference, and she thanked me and told me she'd be back
in touch as soon as she found something. She also stated that
she was growing increasingly frustrated with the situation,
because she had seen the information, knew that it had come
in, and couldn't understand why she was having such a hard
time tracking where the referral and exhibits had gone.
To date, each time she has given me a date that she would
call back, she has kept her word. I'll let you know when I
hear from her again.
____
To: L. Richard Iorio Investigations.
From: L. Jean Lewis Investigations.
Date: Tuesday, June 8, 1993.
As we discussed this morning, I was going to contact Audrey
Word at DOJ in Washington this afternoon; however, before I
could call, Donna Henneman in the Executive Office for U.S.
Attorneys called me. It seems that Madison referral #C0004
has reappeared on her desk. Audrey Word was successful in
locating the referral within the Fraud section of the
Criminal Division and determined that the individual assigned
to the referral ``didn't want to deal with it'', so she sent
the referral and all pertinent info back to Donna Henneman
for further disposition.
Donna advised me that the Criminal Division (no one
specifically identified) sent a memo to Doug Frazier,
Associate Deputy Attorney General (in Deputy Atty General
Heyman's office) advising him that there was ``no
identifiable basis for recusal of the U.S. Attorney in the
Eastern District of Arkansas''; this was a direct quote from
the memo, as she read it. She then told me that she'd
contacted Mr. Frazier who did not remember receiving the
memo, and suggested that she get the memo and the referral to
him for review and a final decision.
She has subsequently sent him both the referral and the
memo, and said she'll keep me posted. I then advised her that
during the intervening period, additional information has
surfaced that would further support the allegations contained
in the referral, so I would be most curious as to their
decision. I then concluded the conversation by telling her
``whatever the decision is, I need something in writing so
that I can close out the file with a declination, or offer
support for an ongoing case.'' She agreed and said she'd stay
in touch.
I'll keep you posted.
____
To: L. Richard Iorio Investigations.
From: J. Jean Lewis Investigations.
Date: Wednesday, June 23, 1993.
At approximately 3:00 this afternoon, I spoke with Donna
Henneman in the Executive Office for U.S. Attorneys,
regarding the status of the Madison referral #C0004. She
advised that she had sent the ``package'' to Associate Deputy
Attorney General Doug Frazier on June 8, as we had previously
discussed, but that she had received the entire package back
on her desk today with no further answers, as Mr. Frazier was
now the new U.S. Attorney in one of the Florida districts;
she had not determined whether Mr. Frazier had taken any
action prior to his departure, and had spoken with her
supervisor regarding her next action shortly before I
contacted her. She advised that she will attempt to contact
Mr. Frazier in Florida sometime tomorrow, and determine what
decision, if any, had been made.
She then advised that ``this sort of thing happens all the
time when we're trying to get the guys upstairs to make a
decision.'' She said she'd be back in touch as soon as she
had an answer from Doug Frazier, or his replacement, a Mr.
Dave Margolis.
This was the 8th conversation I've had with Ms. Henneman
since I first contacted her on May 19, 1993.
I'll keep you posted.
____
To: L. Richard Iorio Investigations.
From: J. Jean Lewis Investigations.
Date: Wednesday, June 23, 1993.
Donna Henneman (EO/US Attorneys) just called me back to let
me know she'd spoke with former Associate Deputy Attorney
General Doug Frazier. He advised her that he met with Tony
Muscato, the Director of the Executive Office for U.S.
Attorney's, and that the decision has been made to return the
referral to the U.S. Attorney in the Eastern District of
Little Rock, as there was ``no basis for the recusal of the
U.S. Attorney'', and apparently a lack of ``conflict of
interest.''
Ms. Henneman then added that she doubted whether or not the
U.S. Attorney, Eastern District/Arkansas would be aware of
this situation yet, but suggested that I wait a few days and
then contact that office in Little Rock.
She asked to be kept posted on the outcome, and offered her
continued assistance whenever and however possible.
____
To: L. Richard Iorio Investigations.
From: L. Jean Lewis Investigations.
Date: Tuesday, June 29, 1993.
I received a call this afternoon from a highly reliable and
confidential source, that the Madison referral (C0004) has
been returned to the U.S. Attorney's office in Little Rock,
Arkansas. My source has advised me that the acting U.S.
Attorney, Richard Pence, has stated he has no intention of
acting on this referral, and plans to let it sit until such
time as the new U.S. Attorney designee Paula Casey, takes
office on either an interim or permanent basis. It was stated
that there was displeasure at the fact that the referral had
been returned to the Little Rock office, and that the reason
cited for its' return was that the Executive Office for U.S.
Attorney's found no basis for recusal, and no conflict of
interest emanating from the U.S. Attorney's office in the
Eastern District. However, the acting U.S. Attorney is of the
opinion that if the (strong) case against James McDougal is
taken to trial, it will appear to the ``sour grapes'' due to
his acquittal during his first bank fraud trial.
I was further advised that there is no definite date yet as
to when Ms. Casey's confirmation will occur, and that is
likely that she will assume her responsibilities on an
interim basis. My source has advised that I will get a
``head's up'' call when Ms. Casey assumes her new
responsibilities, but that such appointments have been
delayed in the past, and may take a while.
I'll keep you advised should I hear anything further.
____
To: L. Richard Iorio Investigations.
From: L. Jean Lewis Investigations.
Date: Thursday, September 23, 1993.
I've just had a conversation with Donna Henneman, Ethics
Program Manager, Executive Office for U.S. Attorneys. I
called Donna to make a final determination as to whether or
not she wants formal notification of the existence of the
subsequent referrals being submitted to the U.S. Attorney,
Eastern District of Little Rock, on Madison.
In discussing the standard RTC procedure of the submission
of referrals, she has requested that she be copied on the
transmittal letters that go to the U.S. Attorney and FBI. At
the time she receives the copies of those letters, she will
then request the referrals and exhibits from the U.S.
Attorney's office for any necessary follow up. So, at her
request, I'll ask Donna Minton to cc: Ms. Henneman in her
official capacity. She felt that a letter requesting copies
at this point was unnecessary, and if it becomes necessary,
she will go through her channels at Justice to obtain the
documentation from U.S. Attorney Paula Casey. Donna has also
requested that I provide a brief one paragraph summary of the
content of the referrals with the transmittal letters, so
that she will be aware of those with ``sensitivity issues.''
I will be glad to provide the requested summary as an
addendum paragraph to the bottom of each transmittal letter.
She then asked me about the final disposition of MGS&L
referral C0004. I told her that I had been advised that it
was received back in the U.S. Attorney's office, but that I
had received no formal notification that a case had been
opened, nor a declination letter. I expressed my concerns
that the same situation could befall the next referrals to be
submitted, and she assured me that she and her supervisor,
Deb Westbrook, would stay closely in touch with the
situation, due its potentially political ramifications, some
of which I explained for her edification.
She asked me to stay in touch as to the responses that I
get from the U.S. Attorney's office, and assured me that, if
necessary, the ``higher-ups'' at Justice would make sure
something got done with these referrals, including the first
one, which in her words ``should have been handled by now,
one way or the other.''
I'll keep you posted.
____
To: L. Richard Iorio Investigations.
From: L. Jean Lewis Investigations.
Date: Wednesday, September 29, 1993.
I've just received a call from Donna Henneman, Ethics
Program Manager, Executive Office for U.S. Attorney's,
Washington, D.C. She advised that she had spoken to her
supervisor, Deb Westbrook, and Ms. Westbrooks supervisor,
Doug Frazier, regarding whether or not the Executive Office
wanted copies of the madison referrals slated for submission
this week. Ms. Westbrook and Mr. Frazier have determined that
the Executive office should receive copies of the referrals
and exhibits. Upon receipt, they will review them and
determine whether to instruct the U.S. Attorney's office to
act on them accordingly, or if they should be forwarded to
the Public Integrity Section of DOJ for further review. In
inquired as to the nature of the Public Integrity Section and
was advised that it is the section of DOJ responsible for the
prosecution of public officials. Ms. Henneman also advised
that they have made the decision to get the Deputy Attorney
General's office involved in this situation, and bring them
up to speed.
I asked her to submit this request in writing, in order to
document the Investigations file and she responded that she
would do so, faxing me a letter this afternoon. I've provided
her with the fax number and will copy you upon receipt of her
letter.
To briefly summarize the situation to date, I contacted the
Executive Office for U.S. Attorney's on May 13, 1993, at the
written suggestion of U.S. Attorney Richard Pence, pursuant
to his letter of May 10, 1993 regarding
[[Page 383]]
my written inquiry as to the final disposition of Madison
referral #C0004, submitted on 9/1/92. Mr. Pence advised that
the referral had been forwarded to the Executive Office by
former U.S. Attorney Charles A. Banks due to what he deemed
was a ``conflict of interest''. This information was relayed
to Ms. Henneman during my first conversation with her. During
subsequent calls I received from Ms. Henneman, she advised me
as to her progress in tracking the whereabouts of referral
#C0004, which she finally located and had forwarded back to
her office on June 8, 1993. At that time, Ms. Henneman
advised me that the decision had been made by personnel in
the Criminal Division of DOJ that there was ``no identifiable
basis for recusal of the U.S. Attorney in the Eastern
District of Arkansas'', and that the referral would be
forwarded back to the U.S. Attorney's office in Little Rock.
Since that time, Ms. Henneman has contacted me to follow up
on the final disposition of the referral. I have advised her
that this office has not yet received notification of an
opened case, or a letter declining prosecution. During these
aforementioned conversations, the issue was raised as to
further referrals, and whether the Executive Office should be
copied on any further referrals to avoid a recurrence of
circumstances. I received notification of that decision today
when Ms. Henneman contacted me, as previously outlined.
Please let me know if you have any questions.
____
To: L. Richard Iorio Investigations.
From: L. Jean Lewis Investigations.
Date: Wednesday, September 29, 1993.
I've received a follow-up call from Donna Henneman with the
Executive Office for U.S. Attorneys. She spoke with her
supervisor, Deb Westbrook, regarding my request for a written
follow-up to her verbal request that the Executive Office be
copied on all the Madison referrals and exhibits. Ms.
Westbrook has withdrawn her initial request for copies, and
stated that they will go through the U.S. Attorney's office
to obtain copies rather than having us copy their office
directly. Ms. Henneman indicated that this route would not
make the U.S. Attorney's office feel as though the Executive
Office was ``going behind their back'' in requesting copies
of the referrals.
She then reiterated that she would like to be copied on the
transmittal letters that will be sent with the referrals to
the U.S. Attorneys and the FBI, with a brief summary
paragraph outlining the suspects and content of each
referral. I agreed to her request, and will make arrangements
to provide the requested summary on the transmittal letters.
I'll let you know if I hear from her again.
____
To: Lee O. Ausen.
From: L. Jean Lewis.
Subject: #7236 Madison Guaranty.
Date: Tuesday, October 26, 1993.
Just FYI...
Based on our conversation this afternoon regarding the
OCC's inability to locate their past exams for UNB/Little
Rock, I took a shot at a hunch, and made another call to
Cristina Flechas, the attorney for the FDIC in Memphis who
had previously advised me (in response to my written request
of 6/23) that OCC would have been the regulatory agency for
UNB during 1986.
Cristina, so I have learned, is no longer with the FDIC in
Memphis. However, I spoke to her successor, Broderick
Nichols, and outlined the previous request with him, asking
him if he would do some additional followup just on the off
chance that the FDIC might have done a concurrent exam on UNB
with OCC at some point between 1983 and 1987. I then
explained to him that the OCC seemed to be having some
difficulty in locating their records, and advised him that I
was informed by OCC that prior to 1991, UNB was actually
First National Bank of Jacksonville. Well, it turns out that
Broderick Nichols is from Little Rock. What a small world!
And he evidently grew up knowing where Union National Plaza
is and that Union National Bank was, and still is, the
largest bank in Little Rock. He was somewhat concerned about
the fact that OCC couldn't find their exams, and has offered
his expeditious assistance in locating any concurrent exams
done by FDIC. He's also offered to aid me in locating other
potential leads and sources within OCC that might be able to
rediscover the whereabouts of the UNB exams. He couldn't
quite understand how the OCC could lose a $500 million bank.
Does this sound familiar?
I'll keep you posted.
____
To: L. Richard Iorio.
From: L. Jean Lewis.
Subject: #7236 Madison Guaranty.
Date: Wednesday, October 27, 1993.
Just got a call from Donna Henneman, Ethics Program
Manager, Executive Office for U.S. Attorneys. She asked if
I'd received a declination letter on the first referral
(C0004) from the U.S. Attorney in Little Rock. I told her
that we had not received a declination to date. She then
advised that her supervisor, Deb Westbrook, had evidently had
a conversation with U.S. Attorney Paula Casey, and that Ms.
Casey stated that she would be sending a declination letter
to the RTC on that particular referral. No date was given,
and Donna did not reference the date of the conversation
between Ms. Westbrook and Ms. Casey. I asked Donna if she
knew the basis for the declination, and she responded that
she did not, and hadn't seen a copy of the letter either. She
then suggested that if I do not receive the letter of
declination within a fairly short time frame, to please let
her know.
Donna also noted that Ms. Westbrook advised her that USA
Casey had stated she would ``deal'' with the other referrals
as well.
I'll keep you posted as to any further calls from Ms.
Henneman.
____
United States Attorney,
Eastern District of Arkansas,
Little Rock, AR, October 27, 1993.
Ms. L. Jean Lewis,
Criminal Investigator,
Resolution Trust Corporation,
Kansas City, MO.
Re #7236 Madison Guaranty Savings and Loan Criminal Referral
Number C0004
Dear Ms. Lewis: I am writing at the request of the Office
of Legal Counsel, Executive Office for U.S. Attorneys of the
U.S. Department of Justice to let you know the status of this
referral.
As you know, this referral was reviewed by the Criminal
Division of the U.S. Department of Justice at the request of
the previous United States Attorney for the Eastern District
of Arkansas. The matter was concluded before I began working
in this office, and I was unaware that you had not been told
until I was contacted by the Office of Legal Counsel. After
receiving the call from Legal Counsel I reviewed the
referral, and I concur with the opinion of the Department
attorneys that there is insufficient information in the
referral to sustain many of the allegations made by the
investigators or to warrant the initiation of a criminal
investigation.
Although I am declining to take further substantive action
on this referral, my decision does not foreclose future
prosecutions about the matters covered by the referral or
related matters in the event that my office and the FBI are
given access to records or information indicating that
prosecutable cases can be made.
Sincerely,
Paula J. Casey,
United States Attorney.
____
Resolution Trust Corporation,
Kansas City, MO, November 1, 1993.
Re #7236 Madison Guaranty Savings & Loan Criminal Referral
Number C0004
Hon. Paula J. Casey,
U.S. Attorney, Eastern District of Arkansas, Little Rock, AR.
Dear Ms. Casey: I have received your October 27, 1993
letter regarding the above captioned thrift and referral. On
the basis of comments contained within your letter, I am
interpreting that correspondence as a formal declination to
prosecute referral #C0004. You stipulated in your letter that
this matter was concluded prior to the beginning of your
tenure as the United States Attorney for the Eastern District
of Arkansas. Prior to the receipt of your letter, RTC
Investigations was not advised that the matter had been
formally concluded.
Between September 1, 1992 and today's date, this office has
received a total of three letters with regard to the
aforementioned referral, including your letter of
declination. The other two letters were from FBI/SAC Don
Pettus, 12/15/92, acknowledging receipt of the referral, and
from Acting United States Attorney Richard Pence, 5/10/93,
advising this office that he was unaware of the referral
status as it had been forwarded to the Executive Office for
United States Attorney's by former United States Attorney
Chuck Banks.
If there were other documents produced that are relative to
the conclusion of this matter, I would appreciate receiving
the appropriate copies.
The RTC Kansas City Office of Investigations will continue
it's policy of cooperation with both the United States
Attorney's office and the FBI on all referral related and
investigate matters, making all pertinent records accessible
as requested.
Should you have any further questions, or if this office
may be of further assistance, please do not hesitate to
contact me at (816) 968-7237, or if I am unavailable,
Supervisory Investigator Lee Ausen at (816) 968-7243 or Field
Investigations Officer Richard Iorio at (816) 968-7212.
Very truly yours,
L. Jean Lewis,
Senior Criminal Investigator.
____
To: Jane M. Dankowski.
From: L. Jean Lewis.
Subject: Madison Guaranty.
Date: Wednesday, November 10, 1993.
Hey you! Just a heads up to let you know that Mike Caron,
Senior Criminal Investigator, is now the lead investigator on
Madison . . . so anymore faxes you send should come to Mike's
attention, and any further communication about Madison should
go to him, too. The Powers That Be have decided that I'm
better off out of the line of fire (and I ain't arguing), but
please let me assure you, that we are leaving you in very
capable hands! Got any questions beyond that, ask Lee or
Richard.
____
To: James R. Dudine.
From: L. Richard Iorio
Subject: Madison Guaranty.
Date: Monday, November 15, 1993.
On Thursday, November 11, 1993, there was an article that
appeared in the Washington Post concerning declination of
prosecution on the first Madison referral that was trans-
[[Page 384]]
mitted to the Department of Justice (DOJ) on August 31, 1992.
Contained in the article was information that the referral
had been reviewed by DOJ and that a decision had been made
early on to decline on this referral and that when Paula
Casey US Attorney, Little Rock, Arkansas, in fact issued the
declination in October 1993, she was simply bringing this
matter to a close.
The document attached clearly refutes this train of
thought. In fact, it appears that no thorough review of the
document had been conducted as late as June 23, 1993, some
ten months after the referral had been initially transmitted.
It was not until September 29, 1993 that this office was
advised that the referral would be reviewed.
This whole issue might not be important, however, for
purposes of credibility with regard to the RTC's efforts in
this area, this memo and attachment are submitted for factual
clarity.
____
RTC Criminal Referral #C0004 on Madison Guaranty Savings
was completed on August 31, 1992, signed by RTC Kansas City
Investigations management on September 1, 1992, and sent via
certified mail on September 2, 1992, to Charles A. Banks U.S.
Attorney, Eastern District of Arkansas, and SSA Steve Irons,
FBI, Little Rock.
By early November 1992, no standard written response of
prosecution or declination had been forthcoming from the U.S.
Attorney's office. In mid-November 1992, the lead criminal
investigator made the first of a number of verbal requests to
both the U.S. Attorney and FBI in Little Rock for some form
of written acknowledgement that the referral had been
received and reviewed. A written acknowledgement dated
December 15, 1992, from FBI SAC Don K. Pettus, was received
by the lead criminal investigator on January 4, 1993. This
acknowledgement stated that the referral had been received,
and that further questions should be directed to AUSA Floyd
Mac Dodson, who had also received the referral and exhibits.
On January 7, 1993, the lead investigator had a conversation
with AUSA Mac Dodson in which he advised that he wasn't sure
the referral was still in the U.S. Attorney's office in
Little Rock, and that if prosecution occurred, it would
probably be through a special attorney sent to Little Rock to
handle the situation.
For four months, there was no further communication or
correspondence received by Investigations on this matter. In
a May 3, 1993, conversation between Investigations and the
U.S. Attorney's office, it was indicated that referral #C0004
had been ``sent to Justice in Washington almost as soon as it
was received last September''. On May 4, 1993 Investigations
sent a written inquiry to Acting U.S. Attorney, Richard M.
Pence, requesting the status of the referral. On May 12,
1993, Investigations received a letter from Mr. Pence (dated
May 10, 1993) stating that former U.S. Attorney Charles Banks
had determined that his office had a conflict of interest
with conducting an investigation or prosecuting criminal
charges relating to referral #C0004, and had sent the
referral and exhibits to the Office of Legal Counsel
(``OLC''), Executive Office for U.S. Attorney's, U.S. Justice
Department, Washington D.C. He stated that any further
inquiries as to the status of the referral should be directed
to that office, providing a phone number in Washington D.C.
As suggested by Mr. Pence, the lead investigator called the
OLC on May 13, 1993. This initiated a series of 15 phone
calls between the OLC and Investigations; 10 taking place
between May 13 and June 29, 1993, and five transpiring
between September 23 and October 27, 1993. The majority of
these calls were incoming to Investigations, and provided
information as to the progress being made with regard to
locating and determining the status of the referral.
The June 23, 1993 conversation between Investigations and
OLC indicated that the decision had been made to return the
referral to the U.S. Attorney in Little Rock as there was
``no basis for recusal of the U.S. Attorney'' and apparent
``lack of conflict of interest.'' During a conversation on
September 23, the OLC inquired as to the ``final
disposition'' of referral #C0004. They were advised by
Investigations that no formal notification had been received
of either a declination or intent to prosecute,
Investigations then advised OLC that there were additional
referrals pending; OLC then requested that Investigations
remain in contact with the OLC regarding further
communication from the U.S. Attorney in Little Rock.
On September 29, 1993, the OLC contacted Investigations and
advised that 1) the Deputy Attorney General's office had been
advised of the situation and 2) that the pending and prior
referrals would be reviewed and a decision made as to whether
or not they be forwarded to the Public Integrity Section of
Justice and reviewed for potential prosecution. A verbal
request was then made by OLC that they be copied on the
transmittal letters to the U.S. Attorney accompanying the new
referrals, and that they be further provided with a summary
of each referral.
The nine new referrals were submitted to the U.S. Attorney
and FBI in Little Rock on October 8, 1993. On October 13,
1993, the Office of Legal Counsel was provided with copies of
the transmittal letters, and the requested summaries on each
referral.
On October 27, 1993, Investigations received a call from
OLC inquiring as to whether or not Investigations had
received a declination letter on referral #C0004; the
response was ``no.'' Investigations was advised that U.S.
Attorney Paula Casey had advised the OLC that she would be
sending a letter of declination to RTC Investigations.
On November 1, 1993, Investigations received a letter dated
October 27, 1993, from U.S. Attorney Paula Casey stating that
the disposition of referral #C0004 had been concluded prior
to her taking office, and that she ``concurred with the
opinion of the Department attorneys that there is
insufficient information . . . in the referral to warrant the
initiation of a criminal investigation.''
On November 11, 1993, RTC Investigations learned through an
article in the Washington Post, that Paula Casey had recused
herself and her staff from any further dealing with the
Madison referrals.
____
To: Lee O. Ausen.
From: L. Jean Lewis.
Date: Monday, November 15, 1993.
A few comments with regard to our conversation this
afternoon about the pending meeting with Donald Mackay and
his staff on 11/22.
You know, Richard knows, Donohue knows, Mike knows, and I
know that Mackay is not coming here to look at records. Cut
to the bottom line. He is coming here because he wants to be
convinced that there either IS or IS NOT a very good case
behind those referrals. He isn't coming specifically to
discuss subpoena compliance, because he hasn't opened any
cases yet. He's coming here to evaluate us, our work, and to
try and decide just how good this case is, and how he can
best deal with a very sensitive political situation. What
would be easiest for him is to decide that, after meeting
with RTC Investigations, he can conclude that there is no
merit, and has accordingly advised Investigations that the
matter will be dropped. If we don't convince him that those
referrals are exceptionally solid, well prepared and
supportable cases, then there is very little doubt that he
will dispense with this situation in very short order.
Regardless of stated agenda, and regardless of whether or
not I'm in attendance, he's going to try and make an
objective assessment based on what is presented to him during
the meeting. If that's the way the meeting starts out, then
you better pull out all the stops to support the work we've
done, or that's the last we'll hear of the Madison
investigation. That's my instinct talking, and so far, it's
been pretty much on target.
Michael is extremely knowledgable about Madison, and very
capable of handling the situation. I would not do him the
injustice of thinking otherwise. But internal political crap
notwithstanding, if this meeting is going to turn into a
turkey shoot, then you are going to need every loaded gun
you've got to assist you in convincing this special
prosecutor that the case is as good as it looks on the
surface. And yes, we have strong documentation to support the
allegations. But what's beneath the surface, including where
we looked and why, who's tied to who, who's in business with
who, who got paid for what and where all the internal and
external ties are, isn't in writing. It's in my head.
I've had my say. The decision is up to you and Richard.
____
Resolution Trust Corporation,
Kansas City, MO, December 21, 1993.
Mr. Bill C. Houston,
Regional Director, Division of Supervision, Federal Deposit
Insurance Corporation, 5100 Poplar Avenue, Suite 1900,
Memphis, TN.
Dear Mr. Houston: The Resolution Trust Corporation's
(``RTC'') Kansas City Office of Investigations is currently
conducting an investigation into matters relating to an
insolvent Little Rock, Arkansas savings & loan. Significant
evidence points to the possibilities of loan ``parking'',
loan ``swapping'', insider abuse and collaboration between
specific borrowers and the principals of the Bank * * *
financial institutions in * * * and Little Rock, Arkansas
including the aforementioned insolvent thrift. In order to
expedite this investigation, I would appreciate your
assistance in providing this office with copies of the
Reports of Examination (``ROE'') from 1983 through the most
recent exam for the above captioned institutions.
This written request is made pursuant to the terms of the
Agreement Regarding Confidential Information between the FDIC
and RTC, as signed by FDIC General Counsel Alfred J. Byrne
and RTC General Counsel Gerald L. Jacobs, effective January
1, 1992.
Should you have any questions or require additional
information, please do not hesitate to contact me at (816)
968-7191. Your expedited attention to this matter is
appreciated.
Very truly yours,
Michael E. Caron,
Senior Criminal Investigator,
Office of Investigations.
____
To: Jane M. Jankowski, L. Richard Iorio, Lee O. Ausen,
Michael X. Caron.
From: L. Jean Lewis.
Date: Thursday, January 6, 1994.
This is just to advise that earlier this evening, I
received a call from * * * who started out her call with
I've been lied to by the Justice Department''. I advised her
that I could not offer any comment, but that I would listen
to what she had to say.
She stated that her sources from DOJ, who were there during
the end of the Bush Administration, had advised her that the
original RTC referral was taken much more seriously than the
public has been led to believe, and that while they believed
that the Clin-
[[Page 385]]
tons definitely stood to benefit from the alleged check
kiting activities, they may not have had serious criminal
culpability. They also advised her that the referral was left
in Little Rock to prosecute by former USA Chuck Banks,
because for Washington to be involved would look ``too
political.'' She said that they (her four DOJ sources) all
told her that there was no basis for recusal, and no conflict
of interest in Little Rock.
She then advised that Justice sources today informed her
that it was line staff attorneys in the Criminal section of
DOJ/DC that decided the referral warranted no further
investigation, and instructed Paula Casey to decline.
She also noted that her previous DOJ sources had said that
after the Clinton administration came into Washington, there
were roadblocks put up around this referral, and that it had
been their opinion that the RTC staff was attempting to do a
legitimate job, but was being stymied by personnel at Justice
for some reason. She asked me if it was true that the
Clintons were named as witnesses on the referral; I declined
comment. She asked me if it was true that the RTC had not
been notified for months after the referral was allegedly
declined by the staff attorneys in DC; I declined comment.
I told her that she would have to call you (Jane) in Public
Affairs for any additional information, and she advised me
that she'd already talked to you, and got no information. She
stated that she understood that I was in a difficult
position, for which I thanked her, and the conversation
ended.
I found what she had to say very interesting. In the
future, I'll comply with Richard and Lee's wishes that I not
even listen to what a reporter has to say, and just offer a
no comment. However, when someone starts out with ``I've been
lied to by the Justice Department'', it's human nature to
wonder whether or not it is true.
Thus endeth the lesson.
This document is a recap of a phone call that I just
received from * * * , reporter * * * whose opening comment
was ``I've just been lied to by the Justice Department.'' My
comment was that I would not be able to respond to any of her
questions, but that I was fascinated by the fact that she
thought she'd been lied to, so I would listen to what she had
to say.
She outlined her credentials, stating that she'd written a
book on drug trafficking, and had covered the ``peanut
loans'', Bert Lance, Billy Carter, Jimmy Carter and the major
governmental agencies during the Carter administration.
She'd been advised that I was the investigator on the case,
and wanted to know which of the stories she'd been told by
her sources at Justice were correct. Evidently, she had four
former Justice sources who were there during the Bush
administration, and that had been there when Chuck Banks sent
the referral to Washington. The story they told her was as
follows:
The referral was originally sent to DC as an ``urgent
report'' for the Attorney General's review, due in part to
the political sensitivity of some of the identified names,
stating that Banks felt his office had a conflict of
interest. (This coincides with what my letter from Richard
Pence states, and what Donna Henneman told me during our many
conversations on the whereabouts of the referral). There are
conflicting stories about why Keeney wrote the memo
referenced in the Schmidt/Isikoff story of 1/5; her sources
stated that when the RTC referral was reviewed at Justice, it
was taken much more seriously than the public has been led to
believe, and that they believed that the Clinton's stood to
benefit from the check kite although they may not have had
serious criminal culpability. She asked if it was true that
the Clinton's were named as witnesses on the referral; I told
her no comment.
She said that her former Justice sources advised her that
Banks had never recused himself, and that CID/DOJ DC left the
referral in Little Rock and told Banks to prosecute, because
1) there was no conflict of interest, 2) there was no basis
for recusal, and 3) that for Washington to get involved would
``look too political'' since it was right before and after
the '92 election. Her sources also indicated that DOJ now
seems to be deliberately making it look like the referral was
``vague'' and ``ambiguous'', and not to be taken seriously.
She stated that her sources told her that it appeared that
the RTC folks were legitimately trying to do their job, and
had legitimate concerns relating to the allegations contained
in the referral, but that when the Clinton administration
came in, somebody started putting up roadblocks on the
referral, and her sources didn't know where it was coming
from.
Her current Justice sources state that it was the line
staff attorneys in CID/DOJ DC that made the decision several
months ago that the referral warranted no further
investigation, and instructed Paula Casey to decline
accordingly; however, the RTC wasn't notified for months,
which should have been corrected.
* * * went on to ask several questions, all of which I
replied I could not answer, and referred her Public Affairs
and Jane Jankowski. She stated that she'd already talked to
Jane, and that it had gotten her nowhere. She asked if I knew
anyone else that she could talk to, or if anyone that had
left the RTC would have any information. I stated that there
were no names that I could give her other than Jane Jankowski
in Public Affairs. She then asked me if it was true that the
RTC had not been notified of the referral declination for
several months after it had been allegedly declined, and I
told her no comment.
She said that she understood that I was in a difficult
position, and but that she needed all the help she could get.
I thanked her for understanding the difficultly of my
position, advised her that I understood that she was only
trying to do her job as a professional, but that I could not
professionally or ethically make any comment about the
investigation. She offered her phone numbers, which I did not
write down. She thanked me for my time, and hung up.
My overall impression of this conversation was that she is
very close to the heart of this story, and that she is almost
on top of the ``white paper'' chronology outlining the
sequence of events and communication between DOJ and RTC on
C0004.
Lee Ausen was present for the entire conversation that I
had with * * *, and suggested to me shortly before the
conversation ended that I terminate the call with a ``time
out'' gesture. He and Richard Iorio both advised that if she
included anything in her story regarding that fact that I'd
even listened to what she had to say, it would look bad for
the RTC, and recommended that in the future, I not even
listen to what a reporter has to say.
I advised them both that I felt that listening to what * *
* had to say provided valuable information, and that there
was no point in being rude to the press, anymore than there
was any point in being rude to Justice or the FBI. ``No
comment'' does not have to be offensive. I further stated
that I would never do anything to undermine that efforts that
the RTC has made, or take any action that would question our
credibility or integrity, let alone do anything to compromise
the investigation on which I have spent the past two years as
the lead investigator.
I concurred that in the future, I would simply send the
reporters to Public Affairs. However, I am very much inclined
to believe that, on the basis of my personal, and documented,
knowledge of what transpired during the conversations I had
with Donna Henneman of DOJ/Office of Legal Counsel/Ethics
section, that * * * is not far from the truth: it's beginning
to sound like somebody, or multiple ``somebodies'' are trying
to carefully control the outcome of any investigation
surrounding the RTC referrals, and that the beginnings of a
cover-up may have already started months ago.
____
Resolution Trust Corporation,
Washington, DC, January 14, 1994.
memorandum
To: Vice Presidents, Assistant Vice Presidents.
From: Jack Ryan, Deputy CEO.
Re: Madison Guaranty Savings and Loan Association.
The RTC has received numerous requests for information on
Madison Guaranty Savings and Loan Association and related
matters. Interim CEO Roger Altman is committed to responding
to these requests as promptly and thoroughly as possible.
In order to assure that the RTC's response to requests on
these matters is thorough, accurate, and timely, I have
established a working group to coordinate the collection and
distribution of all information and material responsive to
the requests. The working group is comprised of James Dudine,
William Collishaw, and Peter Knight.
I am sure that I can count on the full cooperation of you
and your staff with the working group. Please see that this
memorandum is distributed to the appropriate staff.
____
To: L. Richard Iorio and Dennis M. Cavinaw.
From: James R. Dudine.
Date: Tuesday, January 25, 1994.
At the request of General Counsel Kulka and Deputy CEO
Ryan, PLS and The Washington Office of Investigations have
established a team to ascertain if any liability claims
remain viable as a result of the recent legislation extending
the statute of limitations from two to five years. In this
case the resurrected statute expires at the end of February
1994.
Gary Watts of my staff, assisted by Tom Murray will be
visiting your office this week and next. Please give them
access to all records and workpapers, and to knowledgeable
members of your staff, including records and documents that
are covered by a Federal Grand Jury Subpoena.
Gary and Tom will be working with a team of PLS attorneys
headed by Sr. Counsel Mark Gabrellian and including Terry
Arbit, Jim Igo, April Breslaw, Carl Gamble and Suzanne Rigby.
The objective is to complete the review of claims potential
by next week. In addition the team will assist in compiling a
detailed history of events, including the criminal referral
and document control issues, to assist RTC management in
communicating in a factual and unified way to Treasury and
Justice officials, the special counsel and to appropriate
committees and members of Congress.
____
To: L. Richard Iorio, Lee O. Ausen, Michael X. Caron.
From: L. Jean Lewis.
Date: Monday, February 7, 1994.
This is to advise you that I've had a conversation this
morning with AUSA Fletcher Jackson of the U.S. Attorney's
office in Little Rock. I called Mr. Jackson last week to make
an inquiry regarding Independence Federal Savings in
Batesville, Arkansas, out
[[Page 386]]
of which he had prosecuted a case regarding Duane Kepford
sent me a memo quite some time ago about another; I recalled
in having done a preliminary review of Independence, that
Edney was given immunity for cooperating. I called Mr.
Jackson last week to verify that fact, which he in turn did
verify when he called back.
Mr. Jackson called Friday afternoon, and as I was out of
the office, I intended to call him back this morning. Before
I had the opportunity to call him, he called me.
We discussed, and he then changed the topic by asking me if
Steve Irons had told me last fall not to talk to Fletcher. I
told him that I preferred not to answer the question. He then
stated that he ``didn't have much use for ether Steve Irons
or Gretchen Hall'', and wanted to know what I'd been told. I
advised him that Steve Irons had told me last fall that he
thought it was a good idea if we (being Steve and myself)
didn't talk to each other for a while about Madison. I
further added that if had been suggested to me by my
management here that any questions directed to me by the U.S.
Attorney's office should probably come through Steve Irons or
another FBI agent, and that since the FBI was my most
appropriate contact, I should funnel responses to any
questions through them. Mr. Jackson made a comment that he,
and he was just looking for some input from me. He didn't get
any.
He then added that he'd spoken to Jeff Gerrish recently,
and that Gerrish was ``absolutely astounded'' that nothing
more was ever done criminally with Madison, beyond the Castle
Grande transaction. He asked me if I knew who Gerrish was; I
advised him that year, I knew Jeff Gerrish, and no, I was not
aware of Mr. Gerrish's opinions regarding the prosecution of
criminal actions out of Madison, and that I'd formed by own
conclusions on that point, and that's where they would stay--
my own. I then advised Mr. Jackson that I did not wish to
discuss Madison Guaranty, and we could change the subject, or
hang up. He persisted, and I explained to him that I'd
developed a respect for him during the past 2\1/2\ years, and
that out of respect for the working relationship we've
previously had, I wasn't going to talk about Madison. We then
hung up after a coridal goodbye.
____
To: Thomas L. Hindes, James R. Dudine, L. Richard Iorio, Glen
A. Penrose, April A. Breslaw, David G. Eisenstein,
Russell F. Kaufman, Philip J. Adams.
From: Julie F. Yanda.
Date: Wednesday, January 5, 1994.
Today at 1:30 p.m., Russ Kaufman and I received word that
OCOS wanted to talk to us about the Madison Guaranty
``investigation''. We met with representatives of both WDC
and KCO OCOS: Leonard Newmark (WDC), Michael Kohn (KCO) and a
third individual whose name I cannot now remember. When Russ
asked who had sent them to talk to us, Mr. Newmark replied
that it had been his supervisor who had sent them and who had
instructed them to be ``proactive'' in dealing with the
issues this case would raise. Mr. Newmark indicated that they
were not conducting an investigation, but rather an
``inquiry''.
The first question they asked was who had made the criminal
referral on Madison Guaranty. Russ indicated that the
referrals were made in accordance with RTC policy and
committed to providing Mr. Kohn with a copy of the RTC
policy. There was no further discussion of the referrals.
The second series of questions they asked dealt with what
they characterized as ``fitness and integrity'' issues
concerning the Rose Law Firm. First, they asked what
investigation PLS had done into the representations the Rose
Firm had made to state regulators to convince the regulators
that Madison should remain open. I replied that PLS only
investigates issues dealing with professional malpractice and
that such inquiries would be made only in the context of
conflict of interests issues involving outside counsel. I
then explained that this case was not regionalized and that
April had served as the PLS attorney on this case. Second,
they asked who was the FDIC ``conflicts contact'' on this
case. Third, they asked what information we had concerning
the audit report the Rose Firm had used to convince
regulators that Madison should remain open and then later
relied upon in a malpractice claim against Frost & Co. Again,
I told them that I had no information concerning these
issues.
Our discussion lasted no more than 10 minutes. Russ and I
then called Richard Iorio and discussed with him the
substance of our conversation with OCOS.
____
Rose Law Firm,
Little Rock, AR, October 10, 1983
Mr. James B. McDougal,
Chairman of the Board, Bank of Kingston,
Kingston, AR.
Dear Jim: Pursuant to your discussion with Hillary Rodham
Clinton, I am enclosing herewith a copy of our firm
statement, dated December 23, 1981, covering services
rendered in connection with the matter of the First National
Bank of Huntsville v. Madison Bank and Trust.
Very truly yours,
C.J. Giroir, Jr.
Enclosures.
Rose Law Firm,
Little Rock, AR, December 23, 1981.
Mr. James B. McDougal,
Chairman of the Board, Bank of Kingston,
Kingston, AR.
For legal services and professional advice rendered by Vincent
Foster, Jr., Carol Arnold and Mary Ellen Russell subsequent to our
billing dated December 23, 1981, through May 15, 1982 in
connection with the matter of First National Bank of Huntsville v.
Madison Bank and Trust; Madison Chancery E-81-112...........$5,000.00
Costs advanced subsequent to our billing dated December 23, 1981,
through July 31, 1982:
Long distance telephone........................................$91.17
Xerox charges...................................................21.40
Extraordinary postage............................................1.56
Package delivery expenses........................................6.70
Supreme Court Clerk............................................100.00
Computer Research...............................................92.70
Trevathan Printing Company.....................................580.10
__________
Total costs................................................893.63
==========
_______________________________________________________________________
$5,893.63and costs................................................
____
[Memorandum]
February 7, 1985.
To: Governor Bill Clinton.
From: Jim McDougal.
Kathy called yesterday to ask for my recommendations for
two people to fill the vacancies on the State Savings and
Loan Board.
For the industry position from the 2nd Congressional
District, I recommend John Latham, who is chairman of the
board of Madison Guaranty Savings and Loan Association. Mr.
Latham is a CPA and a licensed attorney. He is a major
contributor to your campaign. His board of directors is 50%
Black, giving his institution the largest minority
representation of any financial institution in the state.
For the consumer position from the 4th Congressional
District, I recommend Dr. Jerry Kendall of Camden. Dr.
Kendall is a popular figure at Camden. His wife, Nancy from
Magnolia, is widely and favorably know. Their complete
support of your administration is a certainty.
Bill, we are down to only about 15 state chartered savings
and loan institutions and I am about the only one around who
has any interest in this board.
____
December 12, 1994.
Mr. Ron Proctor,
Citizens Bank,
Flippin, AR.
Dear Ron: I have been unsuccessful in trying to meet with
Bill and Hillary to sign the note renewal. I have forwarded
to them by messenger this morning the note and an envelope
with which to forward it to you.
Each month we will deposit into our account at Flippin an
amount sufficient to cover the monthly payment.
Thank you very much for your patience and tolerance in this
matter.
Sincerely,
James B. McDougal,
Whitewater Development Co.
____
[Memorandum]
April 18, 1985.
To: John Latham
From: Jim McDougal.
I want this preferred stock matter cleared up immediately
as I need to go to Washington to sell stock.
____
[Memorandum]
February 19, 1985
To: John Latham
From: Jim McDougal
Subject: Harvey Bell Cars.
He wants us to do a leasing arrangement on his funeral
cars. Please assign someone to discuss this with him. His
number is 376-1600.
Proceed with your idea on the subordinated notes. We need
to make a decision on Madison Bank & Trust.
I need to close on my house loan and commercial loan
pronto.
____
[Memo]
January 7, 1985
To: John
From: Jim.
1. See me about Steve Smith and Rolls Royce.
2. You, Greg, and I need to discuss Securities License.
First South has one on by its Service Corporation.
3. Ask Greg how we get a market survey for shopping center.
4. We need to talk about how to handle first payment on the
90-day plan.
------ ------.
------ ------.
------ ------.
____
[Memo]
July 11, 1985.
To: John Latham
From: Jim McDougal.
1. This is probably a good time to take in some 5-year
money cheap. Let's discuss rates.
2. I need to know everything you have pending before the
Securities Commission as I intend to get with Hillary Clinton
within the next few days.
____
Index to Tabs
Tab A--December 9, 1993 letters from Congressman Leach to
the Federal banking agencies requesting all documents related
to Madison Guaranty Savings and Loan and its subsidiaries.
[[Page 387]]
Tab B--March 8, 1994 letters from Congressman Leach to the
Office of Thrift Supervision (OTS) and the Resolution Trust
Corporation (RTC) requesting access to all documents related
to Madison Guaranty Savings and Loan and its subsidiaries, to
prepare for the RTC Oversight Hearings.
Tab C--March 10, 1994 letters from Chairman Gonzalez to the
OTS and the RTC requesting that the agencies deny Congressman
Leach's document request.
Tab D--March 14, 1994 letters from Chairman Gonzalez to the
Federal banking agencies and the RTC stating that the
agencies need not answer questions Madison at scheduled RTC
Oversight Hearings.
Tab E--March 1, 1994 letter copied to Congressman William
Clinger.
Tab F--Charts and other supporting documentation concerning
Whitewater's losses to Madison.
a. charts
Total Arkansas State Chartered S&Ls from 1979 to 1992
Madison Guaranty Rate of Growth
Asset Growth of Madison Guaranty
Payment of Clinton Loan by Madison Related Entity
Funds from Madison Financial Corporation to Whitewater
Funds Transferred from Madison Related Entities to the
Whitewater Development Corporation
b. other documents
April 17, 1985 Board of Directors Meeting Minutes
July 1, 1986 Memorandum from Jim McDougal to John Latham
concerning status of Madison Marketing
February 3, 1994 letter from Congressman Leach to Roger
Altman with attached staff memorandum on links between
Madison and Whitewater
[Tab A]
House of Representatives, Committee on Banking, Finance
and Urban Affairs,
Washington, DC, December 9, 1993.
Mr. Andrew C. Hove,
Acting Director, Federal Deposit Insurance Corporation,
Washington, DC.
Dear Mr. Hove: I am writing in reference to the House
Banking Committee Minority investigation of the failure of
Madison Guaranty Savings and Loan (Madison). As you know,
Madison was taken over by federal regulators in March 1989
and resolved by the Resolution Trust Corporation (RTC) in
November, 1990.
To assist in this investigation, I request that the Federal
Deposit Insurance Corporation (FDIC) provide access to all
documents related to Madison and its subsidiaries. Such
documents would include, but not be limited to,
administrative files, examination reports, interoffice
memorandum, notes and minutes of meetings (including
telephonic meetings), correspondence, electronic mail, and
agreements the FDIC entered into with private sector firms to
perform legal and other services related to Madison. In
addition to documents in possession at FDIC-Washington, I
request access to all documents related to Madison held at
FDIC field offices. Furthermore, please provide the names and
titles of all FDIC employees involved with the examination
and supervision of Madison.
Please have your staff contact Mike McGarry at 202-225-2258
to discuss arrangements to review the aforementioned
documents as soon as possible.
I appreciate your assistance and look forward to your
cooperation.
Sincerely,
James A. Leach,
Ranking Member.
____
House of Representatives, Committee on Banking, Finance
and Urban Affairs,
Washington, DC, December 9, 1993.
Mr. Joe Madden,
Commissioner, Arkansas Securities Department, Little Rock,
AR.
Dear Mr. Madden: I am writing in reference to the House
Banking Committee Minority investigation of the failure of
Madison Guaranty Savings and Loan (Madison). As you know,
Madison was taken over by federal regulators in March 1989
and resolved by the Resolution Trust Corporation (RTC) in
November, 1990.
To assist in this investigation, I request that the
Arkansas Securities Department provide access to all
documents related to Madison and its subsidiaries. Such
documents would include, but not be limited to administrative
files, examination reports, interoffice memorandum, notes and
minutes of meetings (including telephonic meetings),
correspondence, electronic mail, and supervisory actions.
Furthermore, please provide the names and titles of all State
Securities Department employees involved with the examination
and supervision of Madison.
Please have your staff contact Mike McGarry at 202-225-2258
to discuss arrangements to review these documents as soon as
possible.
I appreciate your assistance and look forward to your
cooperation.
Sincerely,
James A. Leach,
Ranking Member.
____
House of Representatives, Committee on Banking, Finance
and Urban Affairs,
Washington, DC, December 9, 1993.
Mr. Erskine Bowles,
Administrator, Small Business Administration, Washington, DC.
Dear Mr. Bowles: I am writing in reference to the House
Banking Committee Minority investigation of the failure of
Madison Guaranty Savings and Loan (Madison). As you know,
Madison was taken over by federal regulators in March of 1989
and resolved by the Resolution Trust Corporation (RTC) in
November, 1990.
To assist in this investigation, I request that the Small
Business Administration (SBA) provide access to all documents
related to Madison and its subsidiaries, the Whitewater
Development Corporation, and Capital Management Services,
Inc. Such documents would include, but not be limited to,
administrative files, interoffice memorandum, notes and
minutes and meetings (including telephonic meetings),
correspondence, electronic mail, and loan applications and
approvals. Furthermore, please provide the names and titles
of all SBA employees involved with these entities.
Please have your staff contact Mike McGarry at 202-225-2258
to discuss arrangements to review these documents as soon as
possible.
I appreciate your assistance and look forward to your
cooperation.
Sincerely,
James A. Leach,
Ranking Member.
____
House of Representatives, Committee on Banking, Finance
and Urban Affairs,
Washington, DC, December 9, 1993.
Mr. Jonathan Fiechter,
Acting Director, Office of Thrift Supervision, Washington,
DC.
Dear Mr. Fiechter: I am writing in reference to the House
Banking Committee Minority investigation of the failure of
Madison Guaranty Savings and Loan (Madison). As you know,
Madison was taken over by federal regulators in March of 1989
and resolved by the Resolution Trust Corporation (RTC) in
November, 1990.
To assist in this investigation, I request that the Office
of Thrift Supervision (OTS) provide access to all documents
related to Madison and its subsidiaries. Such documents would
include, but not be limited to, administrative files,
examination reports, interoffice memorandum, notes and
minutes and meetings (including telephonic meetings),
correspondence, electronic mail. In addition to documents in
possession at OTS-Washington, I request access to all
documents related to Madison held at OTS field offices.
Furthermore, please provide the names and titles of all OTS
employess involved with the examination and supervision of
Madison as well as those who were assigned to work with the
RTC when the institution was closed in 1989.
Please have your staff contact Mike McGarry at 202-225-2258
to discuss arrangements to review the aforementioned
documents as soon as possible.
I appreciate your assistance and look forward to your
cooperation.
Sincerely,
James A. Leach,
Ranking Member.
____
House of Representatives, Committee on Banking, Finance
and Urban Affairs,
Washington, DC, December 9, 1993.
Hon. Roger C. Altman,
Interim Chief Executive Officer, Resolution Trust
Corporation, Washington, DC.
Dear Mr. Altman: I am writing in reference to the House
Banking Committee Minority investigation of the failure of
Madison Guaranty Savings and Loan (Madison). As you know,
Madison was taken over by federal regulators in March of 1989
and resolved by the Resolution Trust Corporation (RTC) in
November 1990.
To assist in this investigation, I request that the RTC
provide access to all documents related to Madison and its
subsidiaries. Such documents would include, but not be
limited to, administrative files, examination reports,
interoffice memorandum, notes and minutes of meetings
(including telephonic meetings), correspondence, electronic
mail, and agreements the RTC entered into with private sector
contractors during the resolution of Madison. In addition to
documents in possession at RTC-Washington, I request access
to all documents related to Madison held at RTC field
offices. Furthermore, please provide the names and titles of
all RTC employees involved with the disposition of Madison.
Please have your staff contact Mike McGarry at 202-225-2258
to discuss arrangements to review the aforementioned
documents as soon as possible.
I appreciate your assistance and look forward to your
cooperation.
Sincerely,
James A. Leach,
Ranking Member.
[Tab B]
House of Representatives,
Committee on Banking, Finance
and Urban Affairs,
Washington, DC, March 8, 1994.
Mr. Jonathan Fiechter,
Acting Director, Office of Thrift Supervision, Washington,
DC.
Dear Mr. Fiechter: I am writing in reference to the House
Banking Committee's statutorily mandated, semiannual RTC
Oversight Hearings which are scheduled for the end of March.
As you know, a major area of oversight at these hearings will
be the failure and resolution of Madison Guaranty Sav-
[[Page 388]]
ings and Loan, Little Rock, Arkansas. Madison was taken over
by federal regulators in March of 1989 and resolved by the
Resolution Trust Corporation (RTC) in November, 1990.
As ranking Member of the House Banking Committee, I request
that the OTS provide the Committee with access to all
documents related to Madison and its subsidiaries. Members of
the Committee will need access to this material to prepare
for the upcoming hearings and to perform their ongoing
oversight responsibilities. (As I am sure you are aware,
documents provided to the Ranking Member are available to the
Committee as a whole under the Committee rules.) The
documents requested would include, but not be limited to,
administrative files, examination reports, interoffice
memorandum, notes and minutes of meetings (including
telephonic meetings), correspondence, electronic mail, and
agreements the RTC entered into with private sector
contractors during the resolution of Madison. In addition to
documents in possession at OTS-Washington, I request access
to all documents related to Madison held at OTS field
offices. Furthermore, please provide the names and titles of
all OTS employees involved with the supervision of Madison.
Please have your staff contact Joe Seidel at (202)226-3241
or Mike McGarry at (202)225-2258 to discuss arrangements to
review the aforementioned documents as soon as possible. As
you are aware, I have previously requested access to these
documents for use in performing other Committee functions. My
final letter concerning that request, was forwarded
yesterday, March 7, 1994. If the agency decides to comply
with that request, we will, of course, consider this request
satisfied as well.
I appreciate your assistance and look forward to your
cooperation.
Sincerely,
James A. Leach,
Ranking Member.
____
House of Representatives Committee on Banking, Finance
and Urban Affairs,
Washington, DC, March 8, 1994.
John E. Ryan,
Deputy Chief Executive Officer, Resolution Trust Corporation,
Washington, DC.
Dear Mr. Ryan: I am writing in reference to the House
Banking Committee's statutorily mandated, semi-annual RTC
Oversight Hearings which are scheduled for the end of March.
As you know, a major area of oversight at these hearings will
be the failure and resolution of Madison Guaranty Savings and
Loan, Little Rock, Arkansas. Madison was taken over by
Federal regulators in March of 1989 and resolved by the
Resolution Trust Corporation (RTC) in November, 1990.
As ranking Member of the House Banking Committee, I request
that the RTC provide the Committee with access to all
documents related to Madison and its subsidiaries. Members of
the Committee will need access to this material to prepare
for the upcoming hearings and to perform their ongoing
oversight responsibilities. (As I am sure you are aware,
documents provided to the Ranking Member are available to the
Committee as a whole under the Committee rules.) The
documents requested would include, but not be limited to,
administrative files, examination reports, interoffice
memorandum, notes and minutes of meetings (including
telephonic meeting), correspondence, electronic mail, and
agreements the RTC entered into with private sector
contractors during the resolution of Madison. In addition to
documents in possession at RTC-Washington, I request access
to all documents related to Madison held at RTC field
offices. Furthermore, please provide the names and titles of
all
RTC employees involved with the disposition of Madison.
Please have your staff contact Joe Seidel at (202)226-3241
or Mike McGarry at (202)225-2258 to discuss arrangements to
review the aforementioned documents as soon as possible. As
you are aware, I have previously requested access to these
documents for use in performing other Committee functions. My
final letter concerning that request, was forwarded
yesterday, March 7, 1994. If the agency decisions to comply
with the request, we will, of course, consider this request
satisfied as well.
I appreciate you assistance and look forward to your
cooperation
Sincerely,
James A Leach,
Ranking Member.
[Tab C]
Committee on Banking, Finance and Urban Affairs,
Washington, DC, March 10, 1994.
Mr. Jonathan Fiechter,
Acting Director, Office of Thrift Supervision, Washington,
DC.
Dear Mr. Fiechter: You have recently received letters from
Congressman Jim Leach requesting access to all documents you
possess concerning Madison Guaranty Savings and Loan and its
subsidiaries. The March 8, 1994 letter states that, ``Members
of the Committee will need access to this material to prepare
for the upcoming [RTC oversight] hearings and to perform
their ongoing oversight responsibilities.''
This letter is to inform you that the Banking Committee is
not conducting an investigation of Madison Guaranty Savings
and Loan or related matters at this time. Mr. Leach's
requests do not constitute a Rule X or Rule XI investigation
under the House Rules. A hearing does not provide the basis
for a member of Congress to obtain documents to which he or
she is not otherwise entitled. I will request any information
needed by the Committee in order to prepare for any Thrift
Depositor Protection Board Oversight hearings pursuant to
section 21A(k)(6) of the FHLB Act and will make it available
to members of the Committee, as appropriate.
I trust that you will give Congressman Leach's requests the
consideration they merit and extend to him the same
courtesies you would extend to any member of Congress.
Sincerely,
Henry B. Gonzalez,
Chairman.
____
Committee on Banking, Finance and Urban Affairs
Washington, DC, March 10, 19094.
Mr. John E. Ryan,
Deputy Chief Executive Officer, Resolution Trust Corporation,
Washington, DC.
Dear Mr. Ryan: You have recently received letters from
Congressman Jim Leach requesting access to all documents you
possess concerning Madison Guaranty Savings and Loan and its
subsidiaries. The March 8, 1994 letter states that, ``Members
of the Committee will need access to this material to prepare
for the upcoming [RTC oversight] hearings and to perform
their ongoing oversight responsibilities.''
This letter is to inform you that the Banking Committee is
not conducting an investigation of Madison Guaranty Savings
and Loan or related matters at this time. Mr. Leach's
requests do not constitute a Rule X or Rule XI investigation
under the House Rules. A hearing does not provide the basis
for a member of Congress to obtain documents to which he or
she is not otherwise entitled. I will request any information
needed by the Committee in order to prepare for any Thrift
Depositor Protection Board Oversight hearings pursuant to
section 21A(k)(6) of the FHLB Act and will make it available
to members of the Committee, as appropriate.
I trust that you will give Congressman Leach's requests the
consideration they merit and extend to him the same
courtesies you would extend to any member of Congress.
Sincerely,
Henry B. Gonzalez,
Chairman.
____
[Tab D]
House of Representatives,
Washington, DC, March 14, 1994.
Mr. Andrew C. Hove, Jr.,
Acting Chairman, Federal Deposit Insurance Corporation,
Member, Thrift Depositor Protection Oversight Board,
Washington, DC.
Dear Mr. Hove: You have previously been invited by letter
dated March 3, 1994 to appear before the Committee on
Banking, Finance and Urban Affairs for the purpose of the
semiannual appearance of the Thrift Depositor Protection
Oversight Board. I expect that Republican members of the
Committee may use the opportunity of the Oversight Board
hearing to pursue extraneous matters, including Madison
Guaranty Savings and Loan. Any questions regarding Madison
Guaranty Savings and Loans, matters that are the subject of
pending investigations by Special Counsel Fiske or other law
enforcement authorities, or other extraneous matters not
specifically set forth in section 21A(k)(6) of the Federal
Home Loan Bank Act or the March 3, 1994 invitation letter
will not be considered pertinent at the hearing and need not
be answered by you.
I was the primary sponsor of the provision to require the
Oversight Board to appear on a semiannual basis so that the
Committee could oversee its activities. The recent
appropriation of funds to the RTC, the management reforms,
and FDIC-RTC transition measures required under Public Law
103-24 clearly require the complete and full attention of the
Committee in order to have a successful Oversight Board
hearing. I intend to keep the hearing so focused.
I look forward to your March 4, 1994 appearance.
Sincerely,
Henery B. Gonzalez,
Chairman.
____
Washington, DC, March 14, 1994.
Hon. Alan Greenspan,
Chairman, Board of Governors of the Federal Reserve System,
Member, Thrift Depositor Protection Oversight Board,
Washington, DC.
Dear Mr. Greenspan: You have previously been invited by
letter dated March 3, 1994 to appear before the Committee on
Banking, Finance and Urban Affairs for the purpose of the
semiannual appearance of the Thrift Depositor Protection
Oversight Board. I expect that Republican members of the
Committee may use the opportunity of the Oversight Board
hearing to pursue extraneous matters, including Madison
Guaranty Savings and Loan. Any questions regarding Madison
Guaranty Savings and Loans, matters that are the subject of
pending investigations by Special Counsel Fiske or other law
enforcement authorities, or other extraneous matters not
specifically set forth in section 21A(k)(6) of the Federal
Home Loan Bank Act or the March 3, 1994 invitation letter
will not be considered pertinent at the hearing and need not
be answered by you.
I was the primary sponsor of the provision to require the
Oversight Board to appear on a semiannual basis so that the
Committee could oversee its activities. The recent
appropriation of funds to the RTC, the management reforms,
and FDIC-RTC transition
[[Page 389]]
measures required under Public Law 103-24 clearly require the
complete and full attention of the Committee in order to have
a successful Oversight Board hearing. I intend to keep the
hearing so focused.
I look forward to your March 4, 1994 appearance.
Sincerely,
Henry B. Gonzalez,
Chairman.
____
House of Representatives,
Washington, DC, March 14, 1994.
Mr. Jonathan Fiechter,
Acting Director, Office of Thrift Supervision, Member, Thrift
Depositor Protection Oversight Board, Washington, DC.
Dear Mr. Fiechter: You have previously been invited by
letter dated March 3, 1994 to appear before the Committee on
Banking, Finance and Urban Affairs for the purpose of the
semiannual appearance of the Thrift Depositor Protection
Oversight Board. I expect that Republican members of the
Committee may use the opportunity of the Oversight Board
hearing to pursue extraneous matters, including Madison
Guaranty Savings and Loan. Any questions regarding Madison
Guaranty Savings and Loans, matters that are the subject of
pending investigations by Special Counsel Fiske or other law
enforcement authorities, or other extraneous matters not
specifically set forth in section 21A(k)(6) of the Federal
Home Loan Bank Act or the March 3, 1994 invitation letter
will not be considered pertinent at the hearing and need not
be answered by you.
I was the primary sponsor of the provision to require the
Oversight Board to appear on a semiannual basis so that the
Committee could oversee its activities. The recent
appropriation of funds to the RTC, the management reforms,
and FDIC-RTC transition measures required under Public Law
103-24 clearly require the complete and full attention of the
Committee in order to have a successful Oversight Board
hearing. I intend to keep the hearing so focused.
I look forward to your March 24, 1994 appearance.
Sincerely,
Henry B. Gonzalez,
Chairman.
____
House of Representatives,
Washington, DC, March 14, 1994.
Hon. Lloyd Bentsen,
Secretary of the Treasury, Chairman, Thrift Depositor
Protection Oversight Board, Washington, DC.
Dear Mr. Secretary: You have previously been invited by
letter dated March 3, 1994 to appear and testify before the
Committee on Banking, Finance and Urban Affairs for the
purpose of the semiannual appearance of the Thrift Depositor
Protection Oversight Board. That letter specifies in detail
the matters to which you should direct your testimony. I
expect that Republican members of the Committee may use the
opportunity of the Oversight Board hearing to pursue their
stated interest in extraneous matters, including Madison
Guaranty Savings and Loan. Any questions regarding Madison
Guaranty Savings and Loans, matters that are the subject of
pending investigations by Special Counsel Fiske or other law
enforcement authorities, or other extraneous matters not
specifically set forth in section 21A(k)(6) of the Federal
Home Loan Bank Act or the March 3, 1994 invitation will not
be considered pertinent at the hearing and need not be
answered by you.
I was the primary sponsor of the provision to require the
Oversight Board to appear on a semiannual basis so that the
Committee could oversee its activities. The recent
appropriation of funds to the RTC, the management reforms,
and FDIC-RTC transition measures required under Public Law
103-24 clearly require the complete and fully attention of
the Committee in order to have a successful Oversight Board
hearing. I intend to keep the hearing so focused.
I look forward to your March 24, 1994 appearance.
Sincerely,
Henry B. Gonzalez,
Chairman.
____
House of Representatives,
Washington, DC, March 14, 1994.
Hon. Roger Altman,
Chief Executive Officer, Resolution Trust Corporation,
Member, Thrift Depositor Protection Oversight Board,
Washington, DC.
Dear Mr. Altman: You have previously been invited by letter
dated March 3, 1994 to appear before the Committee on
Banking, Finance and Urban Affairs for the purpose of the
semiannual appearance of the Thrift Depositor Protection
Oversight Board. I expect that Republican members of the
Committee may use the opportunity of the Oversight Board
hearing to pursue extraneous matters, including Madison
Guaranty Savings and Loan. Any questions regarding Madison
Guaranty Savings and Loans, matters that are the subject of
pending investigations by Special Counsel Fiske or other law
enforcement authorities, or other extraneous matters not
specifically set forth in section 21A(k)(6) of the Federal
Home Loan Bank Act or the March 3, 1994 invitation letter
will not be considered pertinent at the hearing and need not
be answered by you.
I was the primary sponsor of the provision to require the
Oversight Board to appear on a semiannual basis so that the
Committee could oversee its activities. The recent
appropriation of funds to the RTC, the management reforms,
and FDIC-RTC transition measures required under Public Law
103-24 clearly require the complete and full attention of the
Committee in order to have a successful Oversight Board
hearing. I intend to keep the hearing so focused.
I look forward to your March 24, 1994 appearance.
Sincerely,
Henry B. Gonzalez,
Chairman.
[Tab E]
House of Representatives,
Washington, DC, March 1, 1994.
Hon. Carol K. Browner,
Administrator, U.S. Environmental Protection Agency,
Washington, DC.
Dear Madam Administrator: You have recently received a
request from various minority members of the Committees on
Armed Services, Energy and Commerce, Government Operations,
and Natural Resources for information concerning the Waste
Isolation Pilot Plant (WIPP) Test Phase. Their letter
requests answers to a number of questions concerning WIPP as
well as numerous documents, and cites Rules X and XI of the
House of Representatives as the basis for the request.
This letter is to inform you that the above mentioned
committees have no ongoing investigations of the WIPP Test
Phase at this time. Therefore, the minority members' request
does not constitute a Rule X or Rule XI investigation under
the House Rules.
This is not intended in any way to direct the nature of
your response to that letter. Indeed, we expect that you
would show the members the same courtesies as you would any
member of Congress.
Sincerely,
John Conyers, Jr.,
Chair, Committee on Government Operations.
George Miller,
Chair, Committee on Natural Resources.
John D. Dingell,
Chair, Committee on Energy and Commerce.
Ronald V. Dellums,
Chair, Committee on Armed Services.
[Tab F]
Charts not reproducible in the Record.
Minutes of Meeting, Board of Directors, Madison Financial Corporation,
April 17, 1985
The Board of Directors of Madison Financial Corporation met
on April 17, 1985, at 1:00 p.m. at the offices of Madison
Financial Corporation at 16th and Main Streets, Little Rock,
Arkansas. All directors were present. The minutes of the
previous meeting were read and approved as recorded.
The first order of business, introduced by John Latham, was
the matter of authorizing prepayment of Jim McDougal's bonus.
After a full discussion, the following resolution was
unanimously adopted, with Jim McDougal abstaining from the
voting: ``RESOLVED, that the Corporation pre-pay to Jim
McDougal $30,000.00 of his annual bonus in recognition of the
profits of the prior year, and that said bonus is to be paid
directly to Whitewater Development.''
There being no further business, the meeting was adjourned.
James B. McDougal,
Chairman.
____
Memo
To: John Latham.
From: Jim McDougal.
Date: July 1, 1986.
Madison Marketing
When the service corporation undertook its first land
development project in the spring of 1983, it was determined
to primarily advertise the home sites through the use of
television. The firm of Rothman and Lowery was retained as
Madison's advertising agency. Because her education is in
speech and drama, Mrs. McDougal assisted in preparing of copy
for the commercials, appeared in the commercials, and
assisted in editing the commercials. She either wrote or
rewrote all newspaper copy to advertise the subdivision.
Until the summer of 1984, the corporation undertook the
development of other subdivisions in addition to Maple Creek
Farms.
During this period the creative audio and visual quality of
the production produced for the media by Rothman and Lowery
progressively deteriorated. Additionally, the firm frequently
made mistakes as to the placement of advertising or omitted
to place advertising when instructed to do so.
In late summer 1984, after advising the board of directors
of the savings and loan and after seeking the legal opinion
from counsel, Mrs. McDougal formed Madison Marketing. She
undertook, with hired assistants, the writing of copy, taping
of spots, and placement of advertising for both the savings
and loan and the service corporation. For the work she
received exactly the same fee which had been paid Rothman and
Lowery, with the exception of the fact that she did not
charge for production of television spots or the writing of
newspaper copy.
Additionally, she negotiated a much lower rate structure
with the television stations than the company had been paying
when the ads were placed through Rothman and Lowery. In late
January, 1985, Mrs. McDougal permitted Madison Marketing to
become a subsidiary of Madison Financial Corporation. Because
Madison Marketing was at this point a ``recognized agency''
by the electronic media, this resulted in Madison Financial
Corporation receiving the 15 percent discount normally given
advertising agencies. Mrs. McDougal continues to perform all
the aforementioned duties in connection with the company's
advertising at no fee.
[[Page 390]]
Madison Real Estate
When initial sales began at Maple Creek Farms in April of
1983, the listing broker was Perryman Realty Company, Inc.
Mr. Perryman had, at this time, other interests including his
own subdivisions. This prohibited his devoting the seven days
a week necessary to the sales effort then under way at Maple
Creek Farms and his listing was terminated.
Some of Mr. Perryman's better salesmen desired to remain at
Maple Creek and continue selling. However, Arkansas law
requires that real estate salesmen be under the direct
supervision of a licensed real estate broker. Mrs. McDougal
holds a valid broker's license. In 1983, her license was held
under the name ``McDougal Real Estate'' although she was not
actively involved in the sale of real estate at this time.
Upon the termination of Mr. Perryman's activities, Mrs.
McDougal changed the name of her real estate company to
``Madison Real Estate Company''. Madison Real Estate became a
wholly owned subsidiary of Madison Financial Corporation.
From that time until the present, Mrs. McDougal has performed
the duty of supervision broker for the various salesmen
working for Madison Real Estate. Although it is normal
practice that the supervising broker receives at least thirty
percent of commissions generated by the salesmen under their
supervision, Mrs. McDougal charged no such fees. The only
fees Mrs. McDougal has received from Madison Real Estate are
fees for sales she made personally.
Sorenson Enterprises
Sorenson Enterprises is a sole proprietorship owned by Erik
Sorenson. Mr. Sorenson is a general contractor engaged in
construction and landscaping work. He built the sales office
for the subdivision at Camden known as Greentree Farms. He
also built the sales office at Fair Oaks. At several of our
subdivisions in southern Arkansas, he supervised the painting
and erection of signs in entranceways. He employed in these
subdivisions a crew of men engaged in selective clearing of
trees, planting of grass, and the general beautification of
the subdivisions. Concurrent with this activity, Mr. Sorenson
was engaged in building houses for other persons unrelated to
this company.
Because of the observed quality of his workmanship, he was
placed under Mr. Dutton's command at Little Rock, and given
the responsibility of constructing or making additions to
various houses at Maple Creek Farms owned by the company.
When the company undertook the development of Castle Grande
Estates, an arrangement was negotiated with Mr. Sorenson
whereby for a flat monthly fee he would supervise the
assembling of the modular houses and these duties involved
the preparation of footings and foundations, the adding of
brick trim, and supervision of correcting any defect in the
workmanship of the house, and supervision of the installation
of central air conditioning and utilities.
Madison Properties
Madison Properties assets consists primarily of a very
large masonry building located on several acres with two
producing gas wells in Madison County just south of the
county seat of Huntsville. Madison Properties has no
connection to Madison Guaranty Savings and Loan or Madison
Financial Corporation.
Master Developers
Three stockholders are working in conjunction with the
development of 59 acres located on 145th Street. Two
stockholders have extensive experience in real estate
development and sales. These individuals have engaged in
exhaustive market research to determine immediate commercial
use for subject property. Their feasibility and marketing
studies indicate the immediate need for a fast-food outlet to
serve the several hundred industrial and service employees
presently employed within 1,500 feet of subject location.
There is no such outlet within several miles to serve the
heavily populated suburban areas surrounding the property.
Additional trade is anticipated from traffic generated by the
freeway which services the location.
For the same reasons outlined above, need is indicated for
a convenience store and gasoline outlet. As mentioned above a
convenience store is essential to the successful sale of
residential lots. Roadrunner, Incorporation, a highly
successful Arkansas based convenience store and gasoline
outlet franchiser, has conducted an extensive market survey
which has concluded that such a facility located on subject
property would be successful. Two of the principals of Master
Developers have arranged for separate financing to erect such
a facility.
Also, negotiations are far advanced for the sale of two
acres of the property to a building supply and insulation
firm.
The preliminary master development plan for the business
park to be created is completed and a copy is attached.
Island Construction
The lots at Campobello which were under development last
year, were so heavily overgrown with spruce trees and other
foliage, that our sales people were finding it difficult to
walk the prospects from the road to the ocean therefore,
greatly inhibiting the sale of frontage lots.
Additionally, the density of the foliage prohibited a view
of the ocean from the interior lots lying immediately behind
the ocean fronts lots, thereby diminishing the value of those
lots because of this lack of view of the water.
Initially, unsuccessful attempts were made to employ timber
cutters with chain saws to selectively clear the ocean front
lots. This process proved too slow and too costly. When it
was determined that lot preparation could not keep pace with
sales using this method and further determined that this
process distracted from the beauty of the lots because it
left them covered with stumps, another solution was sought.
Mr. Randolph, who was thoroughly familiar with the use of
mechanical methods employed by the company to prepare lots
for sale and who had had extensive experience working in
various subdivisions owned by the company, was asked to come
to Campobello to devise a method of overcoming this
landscaping and marketing problem. Upon his arrival he
immediately leased the proper bull dozer for such work and
trained bull dozer operators living on the island as to the
proper method of selectively clearing the lots and removal of
the resulting debris from the lots. Direct correlation by the
increasing sales and his arrival is easily demonstrative. For
example, every lot he caused to be prepared in his first week
of work was sold that weekend. His additional duties involved
building driveways which permitted access from the main
thoroughfare through the lot to the water's edge.
The company owns a large tract of land abutting the highway
immediately at the entrance to the island. Our predecessor in
title had cut the timber from this tract some years ago. When
this sort of clear cutting occurs on that island, a large
bushy plant, which is quite unattractive, grows to a great
height and has an especially virulent root system which
inhibits its removal effectively even by a bull dozer. Mr.
Randolph purchased a new 70 horsepower tractor than attached
a device known as a ``tree eater'' to be used in the
eradication of this plant. This method was beautified to as
to make the ocean visible, thus greatly enhancing the value
of our entire property. Mr. Randolph left the tractor he
purchased at Campobello where it is in use until this time.
Personnel he trained in the proper method of beautification
of our property are continuing the process this year with
very beneficial effects.
____
Committee on Banking, Finance
and Urban Affairs,
Washington, DC, February 3, 1994.
Mr. Roger C. Altman,
Interim CEO, Resolution Trust Corporation, Washington, DC.
Dear Mr. Altman: I am in receipt of your February 1, 1994
response to the letter initiated by Senate Republican
leadership concerning Madison Savings and Loan and I am
pleased to learn that the RTC ``will vigorously pursue all
appropriate remedies'' with regard to Madison's failure. It
seems self-apparent that in order for the RTC to pursue
vigorously all remedies it must have all relevant information
at its disposal. Accordingly, I urge the RTC to seek and
review all Whitewater Development Corporation documents
turned over by the White House to the Justice Department.
In its investigation of Madison, the Minority has uncovered
links between Madison and Whitewater, some of which may have
contributed to the thrift's failure. Not only did James and
Susan McDougal hold significant ownership interest in both
entities (approximately two thirds in Madison and one half in
Whitewater), but the other joint owners of Whitewater (Bill
and Hillary Clinton) appear to have benefited directly and
indirectly from the application of Madison resources. [See
the attached memo.]
If the White House choose to use the Justice Department to
shield Whitewater documents not only from the public and
Congress, but from other government agencies, such as the
RTC, which have legitimate public law enforcement
responsibilities, it is hard to believe a responsible
resolution of the issues involved can be made by regulatory
authorities.
I have high regard for your personal integrity, but as you
know, from the beginning, it has been an awkward situation to
have a presidentially appointed and confirmed officer of the
Treasury Department also head an independent federal agency,
the Resolution Trust Corporation (RTC). When this prospect
was first suggested at the beginning of the Clinton
Administration, it did not strike the Minority as overly
unreasonable for a month or two given the fact that no RTC
head had been selected.
However, it has been over a year since the Administration
has been in office and it can only be described as
structurally unseemly for a political appointee of an
Executive branch department to make what are in effect, law
enforcement decisions for an independent federal agency as
they may touch upon the President.
Accordingly, I would urge that you request from the
Department of Treasury's General Counsel and Ethics Office
advice as to whether you, as interim CEO of the RTC, are
obligated to rescue yourself from any decisions concerning
the resolution of Madison Guaranty. Just as the special
counsel law was designed to relieve the Attorney General from
an ethical dilemma of being both chief law enforcement
officer for the nation and chief legal advisor to the
President in circumstances when the President or a high level
Administration officer is the subject of investigation, so it
would appear ethically questionable for a political appointee
of the Department of Treasury to make decisions for an
independent federal agency when the
[[Page 391]]
President may be implicated in enforcement and civil actions.
In this regard, it should be clear that the issue is not
whether a presidentially appointed official can oversee an
investigation involving the President. Rather the issue is
that officials with this responsibility should be confirmed
for the job with that particular accountability. As you will
recall it was a political appointee confirmed by the Senate
that issued a cease and desist order for engaging in
conflicts of interest against the son of a former President.
As you know, despite your strong letter to the Chairman of
the House Banking Committee recommending against extension,
Congress last year extended the statute of limitations for
civil lawsuits brought against S&L wrongdoers. As you pointed
out in your most recent letter, this extension ``has afforded
the RTC an opportunity to investigate further any civil
claims which may be asserted against individuals or entities
associated with Madison Guaranty for fraud, intentional
misconduct resulting in unjust enrichment, or international
misconduct resulting in substantial loss to the
institution.'' Given, however, the impending running of the
statute of limitations for certain kinds of actions, time is
clearly of the essence for the RTC to make judgments about
civil accountability in the failure of Madison.
Finally, I would like to reiterate my request, pursuant to
Rules X and XI of the House Rules for all documents related
to Madison Guaranty Savings and Loan, Little Rock, Arkansas.
As you know, on December 9, 1993, I wrote the RTC requesting
access to all documents related to Madison Guaranty and its
subsidiaries.
House and Committee Rules, House practices, and judicial
precedent support the proposition that the Ranking Minority
Member is the functional counterpart to the Chairman for
Committee action. This being the case, a request for
documents made by the Ranking Minority Member has parallel
standing with a request made by the Chairman of the
Committee. The Ranking Minority Member clearly has a voice in
the process and is entitled to information that will enable
the Ranking Minority Member to carry out his constitutionally
mandated oversight responsibilities.
Therefore, the courtesy of a definitive reply to this
document request is requested by 12 noon, Monday, February 7,
1994. On this matter, it is urged that you also consult with
the Ethics Office as to the relevance of the previously
discussed recusal issue.
Again, let me stress that to the degree a conflict
situation may exist in this matter in no way reflects on your
personal integrity. It is simply an awkward circumstance in
contrast to a personal embarrassment.
Sincerely,
James A. Leach,
Ranking Member.
Enclosure.
Memorandum
To: Congressman Leach.
From: Banking Minority Staff.
Re: Madison Guaranty (``Madison'').
In reviewing documents related to Madison in the possession
of Minority Banking, we have come across material which may
indicate direct payment of a loan of Bill Clinton's by
Madison through a subsidiary.
Since the Minority's investigation is concerned with the
possible misuse of federally insured funds to assist
Whitewater and/or the former Governor, we thought we should
share the following information with you.
summary
Based on documentary evidence available to the Minority, it
appears that Madison Marketing served, in at least one
instance, as a conduit of funds from Madison Guaranty to
Whitewater and Governor Clinton. If this is correct, it would
appear that insured funds from the failed Madison Guaranty
were diverted and directly benefitted the Governor and his
investment in Whitewater, a claim Clinton had denied.
documentation
The 1983, Bill Clinton obtained a loan from Security Bank
of Paragould, Arkansas for approximately $20,800 (loan #975-
585, Bill Clinton). The money from this loan was used to pay
off the remaining balance of a loan at Madison Bank and Trust
of Kingston, Arkansas that was provided for the purpose of
constructing a modular home on lot #13 at Whitewater Estates.
The loan at Madison Bank was provided in 1980 to Hillary
Clinton in the amount of $30,000.
On November 8, 1985, James McDougal sent a letter
accompanied by a check to Charles Campbell, Vice President of
Security Bank of Paragould, for $7,322.42. The letter from
McDougal states that the check is principal and interest
payment on ``Note #957-585, Bill Clinton.'' [Note: It appears
that the loan number is a typographical error with the
superimposing of numbers 5 and 7 in the first three digits.]
The check McDougal enclosed with his letter to Mr. Campbell
is a Whitewater Development Corporation check dated November
7, 1985. The loan number referenced on the memo portion of
the check is ``Note #95-585.''
According to the check ledgers for the Whitewater
Development Corporation (WDC), the corporation's checking
account had the following balances: $189.50 on 10-10-85; and,
$12.49 on 10-31-85. However, in order to cover the payment of
$7,322.40 on the Clinton loan, a deposit is recorded on
November 8, 1985 in the amount of $7,500.00. The deposit is
listed as coming from ``Madison Marketing.''
A 1986 Federal Home Loan Bank Board exam gives the
impression that Madison Marketing was largely a sham
corporation used to divert federally insured resources to
insiders. The exam notes that ``Until 1986, Susan McDougal
owned Madison Marketing.'' The report also states the
following:
``Madison Marketing is paid for doing all the general
advertising for Madison Guaranty and most of the advertising
for Madison Financial's land development projects. All of
Madison Marketing's business is derived from Madison Guaranty
or its subsidiaries. Since 1983 these payments total
$1,532,000.
``Given the evidence of Madison Marketing's invoices, it is
questionable how much of these advertising services are
actually performed by the firm. The actual work * * * appears
to be performed by others. It would appear that Madison
Guaranty could have an employee perform similar work for much
less money.
``Mr. Latham [an officer of Madison] stated that Madison
Marketing made no payments to any stockholders. This
statement is false. As part of a test for such payments, the
examiners discovered two remittances from Madison Marketing
to Susan McDougal [a large stockholder of Madison] which
total $50,000. This was a test, and there may be additional
payments.''
conclusion
Given the above circumstances, it would appear that
federally insured deposits (i.e., funds from Madison Guaranty
through Madison Marketing), which, with the later failure of
Madison became, in effect, taxpayer obligations, were
transferred for the direct personal benefit of the former
Governor.
The above payment also raises the question of whether
Whitewater was treated as an affiliate or related interest of
Madison Guaranty and therefore subject to conflict of
interest statutes. From a legal perspective, it could be
argued that the McDougals' controlling interest in Madison
Guaranty and their substantial ownership interest in
Whitewater could qualify Whitewater as an ``affiliate'' of
Madison Guaranty. Even if Whitewater is not considered a
subsidiary, related interest, or affiliate of Madison
Guaranty, such an extension of funds to a presumably
``unaffiliated'' entity would be very unusual and suspect.
It has been publicly reported, with respect to this loan
repayment, that both Whitewater and the Clintons took a tax
deduction related to interest paid on the same loan--which
the Clintons later recognized as improper double deduction
after an article ran in the New York Times. What remains
unclear is the largest question of whether the funds provided
by Madison to reduce the Clinton's liability were proper or
properly reported as income for income tax purposes.
As you know, we have received broad hints from within the
RTC that the agency has had under review money transfers from
Madison to Whitewater. We will not know whether this type of
activity was more pervasive and part of a larger pattern
unless, and until, the agency provides us the documents we
have requested. If Madison provided any direct or indirect
assistance to Whitewater, presumably half the value of such
would redound to the advantage of each of the half owners. In
any regard, the above money transfer underscores that then
Governor Clinton had personal liabilities reduced by a
payment from Madison. Such payment presumably carries ethical
as well as tax implications and is part and parcel of the $47
to $60 million estimated taxpayer loss at Madison.
Attachments.
September 30, 1983.
Governor Bill Clinton,
Little Rock, AR.
Dear Governor Clinton: Enclosed is a copy of our check
#12677 in the amount of $20,800.00 representing the proceeds
of your note. The original was mailed to: Madison Bank &
Trust, Kingston, Arkansas.
Sincerely,
Charles D. Campbell,
Vice President.
____
Jim McDougal,
Little Rock, AR, November 8, 1985.
Mr. Charles D. Campbell,
Vice President, Security Bank,
Paragould, AR.
Re: Note #957-585, Bill Clinton.
Dear Mr. Campbell: Enclosed is a White Water Development
Corporation check for $7,322.42, representing principal
payment of $5,000 and interest payment of $2,322.42, on the
above note.
Thank you for your attention to this matter.
Sincerely,
Jim McDougal.
In the Circuit Court of Pulaski County, Arkansas, Second Division
MADISON GUARANTY SAVINGS AND LOAN ASSOCIATION, a State
Chartered Savings and Loan; MADISON FINANCIAL CORPORATION, a
Wholly Owned Subsidiary of Madison Guaranty Savings and Loan
Association, Plaintiffs, versus ERNST & CO., an Arkansas
Professional Association, and its directors James Alford,
Michael Robinson, Gary Grey, Gaines Morton, Tim Gibbon, Steve
Humphries, Alan Duncan, Frank Butts, Marjorie Itskowitz, John
Does A., B, C, D, Defendant. (No. 88-1193)
first amended complaint
COKES NOW, Plaintiffs, and for cause of action states as
follows:
[[Page 392]]
I
parties
1. Plaintiff Madison Guaranty Savings and Loan Association
(hereinafter, Madison Guaranty) is a state savings & loan
association duly chartered under the laws of the State of
Arkansas. Plaintiff Madison Financial Corporation
(hereinafter, Madison Financial) is a state chartered
corporation and wholly owned subsidiary of Madison Guaranty.
2. Defendant Frost & Company is a professional association
or partnership of public accountants with its principal place
of business in Little Rock, Arkansas, comprised of the
following individual partners who are set forth as Defendants
in paragraph 3.
* * * * *
7. John Latham at all relevant times was the President and
Chief Executive Officer of Madison Guaranty and a member of
its Board of Directors; and a member of the Board of
Directors and the Secretary of MFC.
8. Susan McDougal was at all relevant times wife of James
B. McDougal, member of the Board of Directors of Madison
Guaranty, President of Madison Real Estate, a division of
MFC, and President of Madison Marketing, a service provider
to Madison Guaranty and MFC.
9. Madison Real Estate was a real estate brokerage
operation owned and operated by Madison Financial with its
principal broker Susan McDougal.
10. Madison Marketing was an advertising agency through
which Madison Financial and Madison Guaranty purchased all of
its advertising for itself and KFC's real estate
developments.
11. Jim, David and Bill Kenley (``Kenley Brothers'') were
real estate agents and/or developers for Madison Real Estate,
who sold property and received substantial commissions and/or
development fees from Madison Financial.
12. Frost & Company purported to serve as independent
auditor of Madison Guaranty and its consolidated subsidiary
Madison Financial for the years 1984 and 1985.
13. James D. Alford at all relevant times was the audit and
accounting partner of Frost & Company in charge of the
Madison Guaranty audit.
14. Federal Home Loan Bank Board (``FHLBB'') is the primary
federal regulator of Madison Guaranty. FHLBB has oversight of
the Federal Home Loan Bank of Dallas which has direct
supervisory responsibility for Madison Guaranty.
* * * * *
Federal Home Loan Bank Board Office of Examinations and Supervision
Name and Address of Institution Madison Guaranty Savings
and Loan Association, 1501 Main Street, Little Rock, Arkansas
72203.
District Number 9, Docket Number 7601.
Examination as of March 4, 1986.
Service Corporations and Other Affiliates Examined: Madison
Financial Corporation.
report of examination
Prohibition of disclosure or release
This document is the property of the Federal Home Loan Bank
Board and is furnished to the Institution for its
confidential use. Under no circumstances shall the
Institution, or any of its directors, officers, or employees,
disclose or make this document or any portion of it public in
any manner.
If a subpoena or other legal process is received calling
for production of this document, the District Director--
Examinations should be notified immediately. The attorney at
whose instance the process was issued, and, if necessary, the
court which issued the process, should be advised of the
above prohibition, and referred to Part 505 of the General
Regulations of the Federal Home Loan Bank Board.
Directors, in keeping with their responsibilities, should
review this report thoroughly. This report should not be
considered an audit report.
Comments
Information concerning the Institution's policies,
practices and condition, considered to be of supervisory
interest or concern, is shown below.
A. Objectionable Conflicts of Interest
Conflicts of interest involving James McDougal, Susan
McDougal, and William Henley have been detrimental to the
safety and soundness of the Institution. These individuals
are in control of the Institution (Madison Guaranty) through
their stock ownership. James McDougal owns 63.5% of the
outstanding Madison shares. His wife, Susan McDougal, owns
12.6%, and her brother, William Henley owns 8.5%. In addition
to his ownership control, Mr. McDougal, as President of the
Institution's subsidiary (Madison Financial), has complete
control of the land development projects discussed in comment
B.
This control enabled Mr. McDougal to structure the
development and financing of the projects so that substantial
cash payments could be diverted to himself, Susan McDougal,
William Henley and others. These payments have directly
benefited these individuals, but Madison Guaranty has
received little or nothing in return. Though they have been
structured to avoid specific Insurance Regulations, these
payments are contrary to the general policy of the FHLBB
concerning conflicts of interest as stated in Insurance
Regulation 571.7 and FHLBB Memorandum R-19a.
Many of these payments have been funneled through business
entities which are owned or controlled by the McDougals,
employees, relatives of employees, or close friends of the
McDouglas and Henley. In the report, reference will be made
to these individuals as the McDougal-Henley Group. Though the
activities of these business entities may be appropriate for
a savings and loan institution to perform, the advantages
associated with these activities accrue to the McDougals and
Henley, rather than Madison Guaranty. As such, these
arrangements are contrary to the FHLBB's policy concerning
appropriations of corporate opportunity as explained by
Insurance Regulation 571.9.
Mr. McDougal stated that there were no violations of the
conflict of interest regulations.
There are several of these business entities, none of which
are disclosed on the Examination Management Questionnaire.
The investigation of these businesses remains incomplete. For
example, the amount of Madison Guaranty loan proceeds going
to many of the entities is unknown. Formal investigative
powers have been granted; in this case, under Section
407(m)(2) of the National Housing Act. Current findings, with
respect to three of the more important business entities, are
discussed below.
1. Madison Real Estate
Madison Financial pays commissions to Madison Real Estate
for selling land from Madison Financial's developments. These
commissions in turn are distributed to the sales personnel.
Mr. Latham stated that Madison Real Estate was ``a division''
of Madison Financial. Mr. McDougal stated that Madison Real
Estate was essentially formed in order to use Susan
McDougal's real estate sales license which, in turn, was
being used by Madison Financial to market the projects. But
Madison Real Estate's checking account was not on Madison
Financial's books until after management was notified of this
fact by the examiners. Also, Madison Real estate is not
registered in county records as a name being used by Madison
Financial or anyone else.
Since the beginning of 1983, after the McDougals and Henley
acquired Madison Guaranty, substantial commissions were paid
through Madison Real Estate to William Henley ($427,683) and
Susan McDougal ($137,500). In Henley's case, a substantial
portion of these funds were advances against commissions to
be earned on future land sales. Other McDougal-Henley Group
members, who received substantial commissions, are Pat Harris
($242,289) and James Henley ($154,690), who is the brother of
Susan McDougal and William Henley. These payments represent
most of the commissions paid by Madison Financial to Madison
Real Estate, which significantly derives all of its business
from Madison Financial
Many of the sales, which generated these commissions, were
to McDougal-Henley Group members who are acting as straw
buyers. Madison Guaranty essentially retained the risks of
ownership on these transactions because it fully financed
these sales including the cash sales commissions. Thus,
Madison Guaranty's position deteriorated because it retained
the same ownership risks as before, but paid cash fees to
these individuals. In addition, fees paid through Madison
Real Estate were used as down payments in some of the straw
land purchases in an apparent attempt to disguise 100%
funding of the purchase by Madison Guaranty and its
subsidiaries.
Messrs. McDougal and Latham cited an April 24, 1985 letter
from a Federal Home Loan Bank of Dallas Supervisory Agent as
permission to pay real estate sales commissions to Madison
Real Estate. However, this letter in part, asks that the
Board of Directors review Insurance Regulation 571.7 which is
cited above in this comment.
2. Madison Marketing.
Madison Marketing is paid for doing all the general
advertising for Madison Guaranty and most of the advertising
for Madison Financial's land development projects. All of
Madison Marketing's business is derived from Madison Guaranty
or its subsidiaries. Since 1983 these payments total
$1,532,000. Until February 1986, Susan McDougal owned Madison
Marketing. During a portion of this time, it was a
corporation which was incorporated by Lisa Aunspaugh,
reportedly a close friend of Susan McDougal.
Mr. Latham stated that after February 1986, Madison
Marketing became an entity ``d/b/a (doing business as)'' for
Madison Financial and ceased to be a corporation. However, it
is not registered as a ``d/b/a'' in the County records. Also,
its checking account has never been recorded on the books of
Madison Financial.
Given the evidence of Madison Marketing's invoices, it is
questionable how much of these advertising services are
actually performed by the firm. The actual work of
advertising, such as the design and production of commercials
and providing air time or newspaper space, appears to be
performed by others. Madison Marketing apparently just pays
the bills of other providers and adds a 15% fee of its own.
Examiners estimated this fee to be approximately $200,000
since 1983. It would appear that Madison Guaranty could have
an employee perform similar work for much less money.
Mr. Latham stated that Madison Marketing made no payments
to any stockholders. This statement is false. As a part of a
test for such payments, the examiners discovered two
remittances from Madison Marketing to Susan McDougal which
total $50,000. This was a text, and there may be additional
payments.
3. Designer's Construction
[[Page 393]]
Designer's Construction performs construction work on some
of the land development projects and on some of the property
securing Madison Guaranty loans. In 1985 and to date in 1986,
$247,000 was paid for work performed for Madison Guaranty and
its subsidiaries. The amount of loan proceeds paid to
Designer's Construction on work for third party borrowers is
unknown.
Para. 30.8 america's schools
The SPEAKER pro tempore, Mr. LEWIS of Georgia, pursuant to House
Resolution 366 and rule XXIII, declared the House resolved into the
Committee of the Whole House on the state of the Union for the further
consideration of the bill (H.R. 6) to extend for six years the
authorizations of appropriations for the programs under the Elementary
and Secondary Education Act of 1965, and for certain other purposes.
The Acting Chairman, Mr. DARDEN, assumed the Chair; and after some
time spent therein,
Para. 30.9 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mrs. UNSOELD to the
amendment submitted by Mr. HANCOCK:
Amendment submitted by Mrs. UNSOELD:
In subsection (a) of the first amendment made to page 762,
after ``agency'' strike ``that received funds under this
Act''.
After ``shall'' insert ``use funds made available under
this Act to''.
Add at the end of subsection (a) the following: No local
educational agency shall use funds under this Act to
distribute or to aid in the distribution by any organization
of obscene material to minors on school grounds.
Add at the end of the first amendment made to page 762,
after line 8, add the following:
``(c) No Federal Control of Curriculum.--Nothing in this
section shall be construed--
``(1) to authorize an officer or employee of the Federal
Government to mandate, direct, or control a State, local
educational agency, or schools' instructional content,
curriculum, and related activities;
``(2) to limit the application of the General Education
Provisions Act;
``(3) to require the distribution of scientifically or
medically false or inaccurate materials or to prohibit the
distribution of scientifically or medically true or accurate
materials;
``(4) to create any legally enforceable right.
``(d) Rule of Construction.--In carrying out the provisions
of this section, the Secretary shall not--
``(1) review any curricula or instructional materials;
``(2) promulgate regulations; or
``(3) take any administrative or legal action against a
State or local educational agency or school.
Amendment submitted by Mr. HANCOCK:
Page 762, after line 8, insert the following:
SEC. 9506. PROHIBITION AGAINST FUNDS FOR HOMOSEXUAL SUPPORT.
``(A) Prohibition.--No local educational agency that
receives funds under this Act shall implement or carry out a
program or activity that has either the purpose or effect of
encouraging or supporting homosexual as a positive lifestyle
alternative.
``(b) Definition.--A program or activity, for purposes of
this section, includes the distribution of instructional
materials, instruction, counseling, or other services on
school grounds, or referral of a pupil to an organization
that affirms a homosexual lifestyle.
It was decided in the
Yeas
224
<3-line {>
affirmative
Nays
194
Para. 30.10 [Roll No. 91]
AYES--224
Abercrombie
Ackerman
Andrews (ME)
Bacchus (FL)
Barca
Barcia
Barrett (WI)
Becerra
Beilenson
Bereuter
Bilbray
Bishop
Blute
Boehlert
Bonior
Borski
Boucher
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Carr
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Coppersmith
Coyne
de la Garza
de Lugo (VI)
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilchrest
Gilman
Glickman
Gonzalez
Green
Gunderson
Gutierrez
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoke
Horn
Houghton
Hoyer
Huffington
Hughes
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klug
Kolbe
Kopetski
Kreidler
Kyl
Lambert
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Lewis (GA)
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCrery
McCurdy
McDermott
McHale
McKinney
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Moran
Morella
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Orton
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Penny
Peterson (FL)
Pomeroy
Price (NC)
Rangel
Reed
Reynolds
Richardson
Roemer
Rohrabacher
Romero-Barcelo (PR)
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Skaggs
Slattery
Slaughter
Smith (IA)
Snowe
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Thomas (CA)
Thompson
Thornton
Thurman
Torkildsen
Torres
Towns
Tucker
Underwood (GU)
Unsoeld
Velazquez
Vento
Visclosky
Washington
Waters
Watt
Waxman
Wheat
Williams
Wise
Woolsey
Wyden
Wynn
Yates
NOES--194
Allard
Andrews (TX)
Applegate
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barlow
Barrett (NE)
Bartlett
Barton
Bateman
Bevill
Bilirakis
Bliley
Boehner
Bonilla
Brewster
Browder
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chapman
Clement
Clinger
Coble
Collins (GA)
Combest
Cooper
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gekas
Geren
Gillmor
Gingrich
Goodlatte
Goodling
Gordon
Goss
Grams
Hall (OH)
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hoekstra
Holden
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kasich
Kim
King
Kingston
Klink
Knollenberg
LaFalce
Lancaster
Laughlin
Levy
Lewis (CA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Manzullo
McCollum
McDade
McHugh
McInnis
McKeon
McNulty
Meyers
Mica
Michel
Miller (FL)
Molinari
Montgomery
Moorhead
Murphy
Myers
Nussle
Ortiz
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Sangmeister
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Solomon
Spence
Spratt
Stearns
Stenholm
Stump
Sundquist
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Traficant
Upton
Valentine
Volkmer
Vucanovich
Walker
Walsh
Whitten
Wilson
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--20
Andrews (NJ)
Bentley
Berman
Blackwell
Cardin
Derrick
Ford (TN)
Gallegly
Gallo
Grandy
Greenwood
Lewis (FL)
McMillan
Natcher
Norton (DC)
Pickle
Smith (TX)
Thomas (WY)
Torricelli
Weldon
So the amendment to the amendment was agreed to.
Para. 30.11 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the foregoing amendment, as amended, submitted by Mr.
HANCOCK.
It was decided in the
Yeas
301
<3-line {>
affirmative
Nays
120
Para. 30.12 [Roll No. 92]
AYES--301
Abercrombie
Ackerman
Allard
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Burton
Buyer
Byrne
Callahan
Calvert
Camp
[[Page 394]]
Canady
Cantwell
Carr
Castle
Chapman
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Combest
Condit
Cooper
Costello
Cox
Cramer
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
Diaz-Balart
Dingell
Dooley
Doolittle
Dornan
Dreier
Duncan
Durbin
Edwards (TX)
Ehlers
Emerson
Everett
Ewing
Faleomavaega (AS)
Fawell
Fields (LA)
Fields (TX)
Fingerhut
Fish
Fowler
Franks (CT)
Franks (NJ)
Frost
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Hefner
Herger
Hobson
Hochbrueckner
Hoekstra
Holden
Horn
Houghton
Huffington
Hughes
Hunter
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kennedy
Kildee
Kim
King
Kingston
Klein
Klink
Klug
Knollenberg
Kolbe
Kyl
LaFalce
Lambert
Lancaster
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Machtley
Mann
Manton
Manzullo
Martinez
Mazzoli
McCandless
McCloskey
McCollum
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McNulty
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (FL)
Minge
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Murphy
Murtha
Myers
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Regula
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Royce
Sangmeister
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shepherd
Shuster
Sisisky
Skeen
Skelton
Slattery
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stump
Stupak
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thornton
Thurman
Traficant
Tucker
Upton
Valentine
Vento
Volkmer
Vucanovich
Walker
Walsh
Weldon
Whitten
Williams
Wilson
Wise
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--120
Andrews (ME)
Bacchus (FL)
Barrett (WI)
Becerra
Beilenson
Bereuter
Blackwell
Bonior
Bunning
Clay
Clayton
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Coyne
Crane
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Dickey
Dicks
Dixon
Dunn
Edwards (CA)
Engel
English
Eshoo
Evans
Farr
Fazio
Filner
Flake
Foglietta
Ford (MI)
Frank (MA)
Furse
Gejdenson
Gonzalez
Gutierrez
Hamburg
Harman
Hastings
Hilliard
Hinchey
Hoagland
Hoyer
Hutchinson
Johnson (CT)
Johnson, E. B.
Johnston
Kennelly
Kleczka
Kopetski
Kreidler
Lantos
Lewis (CA)
Lewis (GA)
Lowey
Maloney
Margolies-Mezvinsky
Markey
Matsui
McCrery
McDermott
McKinney
Meehan
Miller (CA)
Mineta
Mink
Moran
Morella
Nadler
Olver
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Rangel
Reed
Reynolds
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Skaggs
Slaughter
Stark
Stokes
Strickland
Studds
Swift
Synar
Thompson
Torkildsen
Torres
Towns
Underwood (GU)
Unsoeld
Velazquez
Visclosky
Washington
Waters
Watt
Waxman
Wheat
Woolsey
Wyden
Wynn
Yates
NOT VOTING--17
Berman
Cardin
Derrick
Ford (TN)
Gallegly
Gallo
Gekas
Grandy
Hoke
Lewis (FL)
McMillan
Natcher
Norton (DC)
Pickle
Smith (TX)
Thomas (WY)
Torricelli
So the amendment, as amended, was agreed to.
After some further time,
Para. 30.13 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. MILLER of Florida:
Beginning on page 768, strike line 22 and all that follows
through line 7 on page 776 (and redesignate the subsequent
parts accordingly).
It was decided in the
Yeas
181
<3-line {>
negative
Nays
235
Para. 30.14 [Roll No. 93]
AYES--181
Allard
Andrews (TX)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barca
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chapman
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Costello
Cox
Crane
Crapo
Cunningham
Darden
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (NJ)
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gingrich
Glickman
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Holden
Houghton
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kanjorski
Kasich
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
Kyl
LaFalce
Laughlin
Levy
Lewis (CA)
Lightfoot
Linder
Livingston
Machtley
Manzullo
Margolies-Mezvinsky
McCollum
McCrery
McDade
McInnis
McKeon
Meyers
Mica
Michel
Miller (FL)
Minge
Moorhead
Morella
Myers
Nussle
Orton
Oxley
Packard
Paxon
Penny
Peterson (FL)
Peterson (MN)
Petri
Pombo
Porter
Portman
Poshard
Pryce (OH)
Quillen
Ramstad
Ravenel
Regula
Ridge
Roberts
Rohrabacher
Roth
Roukema
Rowland
Royce
Sangmeister
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Talent
Taylor (MS)
Taylor (NC)
Thomas (WY)
Thurman
Upton
Valentine
Vucanovich
Walker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--235
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Bacchus (FL)
Baesler
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Carr
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Coyne
Cramer
Danner
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Frank (MA)
Franks (CT)
Frost
Furse
Gejdenson
Gephardt
Gilman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Horn
Hoyer
Huffington
Hughes
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Kopetski
Kreidler
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCurdy
McDermott
McHale
McHugh
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Murphy
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Olver
Ortiz
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Pickett
Pomeroy
Price (NC)
Quinn
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rogers
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Synar
Tanner
Tauzin
Tejeda
Thomas (CA)
Thompson
Thornton
Torkildsen
Torres
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Walsh
Washington
Waters
Watt
Waxman
Whitten
Williams
[[Page 395]]
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--22
Applegate
Barrett (NE)
Brown (CA)
Cardin
Derrick
Ford (TN)
Gallegly
Gallo
Grandy
Lehman
Lewis (FL)
McMillan
Murtha
Natcher
Obey
Pickle
Santorum
Smith (TX)
Swift
Torricelli
Weldon
Wheat
So the amendment was not agreed to.
The SPEAKER pro tempore, Mr. HUGHES, assumed the Chair.
When Mr. PRICE, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
Para. 30.15 adjournment of the two houses
Mr. GEPHARDT submitted the following privileged concurrent resolution
(H. Con. Res. 232):
Resolved by the House of Representatives (the Senate
concurring), That when the House adjourns on the legislative
day of Thursday, March 24, 1994, it stand adjourned until
noon on Tuesday, April 12, 1994, or until noon on the second
day after Members are notified to reassemble pursuant to
section 2 of this concurrent resolution, whichever occurs
first; and that when the Senate recesses or adjourns at the
close of business on Friday, March 25, 1994, Saturday, March
26, 1994, Monday, March 28, 1994, Tuesday, March 29, 1994,
Wednesday, March 30, 1994, or Thursday, March 31, 1994,
pursuant to a motion made by the Majority Leader or his
designee, in accordance with this resolution, it stand
recessed or adjourned until noon on Monday, April 11, 1994,
or at such time on that day as may be specified by the
Majority Leader or his designee in the motion to recess or
adjourn, or until noon on the second day after Members are
notified to reassemble pursuant to section 2 of this
concurrent resolution, whichever occurs first.
Sec. 2. The Speaker of the House and the Majority Leader of
the Senate, acting jointly after consultation with the
Minority Leader of the House and the Minority Leader of the
Senate, shall notify the Members of the House and the Senate,
respectively, to reassemble whenever, in their opinion, the
public interest shall warrant it.
When said concurrent resolution was considered and agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
Para. 30.16 speaker and minority leader to accept resignations, appoint
commissions
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That, notwithstanding any adjournment of the House until,
Tuesday, April 12, 1994, the Speaker and the Minority Leader be
authorized to accept resignations and to make appointments to
commissions, boards and committees duly authorized by law or by the
House.
Para. 30.17 calendar wednesday business dispensed with
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, April
13, 1994, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
Para. 30.18 marine mammal protection act
On motion of Mr. STUDDS, by unanimous consent, the Committee on
Merchant Marine and Fisheries was discharged from further consideration
of the bill (H.R. 4122) to temporarily extend certain provisions of the
Marine Mammal Protection Act.
When said bill was considered, read twice, ordered to be engrossed and
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 30.19 america's schools
The SPEAKER pro tempore, Mr. HUGHES, pursuant to House Resolution 366
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 6) to extend for six years the authorizations of
appropriations for the programs under the Elementary and Secondary
Education Act of 1965, and for certain other purposes.
Mr. PRICE, Chairman, resumed the Chair; and after some time spent
therein,
Para. 30.20 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment in the nature of a substitute
submitted by Mr. MICHEL:
--Strike all after the enacting clause and insert the
following:
TITLE I--AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF
1965
SEC. 101. AMENDMENTS TO THE ELEMENTARY AND SECONDARY
EDUCATION ACT OF 1965.
The Elementary and Secondary Education Act of 1965 is
amended to read as follows:
``SECTION 1. SHORT TITLE
``This Act may be cited as the ``Elementary and Secondary
Education Act of 1965''.
``TITLE I--HELPING CHILDREN IN NEED MEET HIGH STANDARDS
``SEC. 1001. DECLARATION OF POLICY AND STATEMENT OF PURPOSE.
``(a) Statement of Policy.--The Congress declares it to be
the policy of the United States that a high-quality education
for all citizens and a fair and equal opportunity to obtain
that education--
``(1) are a societal good necessary for creating a vibrant
future for our complex and diverse democracy and for meeting
the challenge of an internationally competitive economy;
``(2) are a private good because individual opportunity is
greatly enhanced by one's being well educated;
``(3) are a moral imperative in our society; simple justice
demands that the opportunity to acquire skills and knowledge
deemed necessary for basic citizenship and economic
opportunity be equally available to all; and
``(4) improve the life of every citizen, because the
quality of our individual lives ultimately depends on the
quality of the lives of others.
``(b) Recognition of Need.--The Congress recognizes that--
``(1) although the achievement gap between disadvantaged
children and other children has been reduced by half over the
past two decades, a sizeable gap remains, and many segments
of our society lack the opportunity to become well educated;
``(2) the most urgent need for educational improvement is
in schools with high concentrations of children from low-
income families. Achieving the National Education Goals will
not be possible without substantial improvement in these
schools;
``(3) educational needs are particularly great for low-
achieving children in our highest-poverty schools, children
with limited English proficiency, children with disabilities,
children of migrant workers, Indian children, children who
are neglected or delinquent, and young children and their
parents who are in need of family-literacy services; and
``(4) while title I and other programs funded under this
Act have contributed to narrowing the achievement gap between
children in high-poverty and low-poverty schools, they need
to become even more effective in improving high-poverty
schools in order to help enable all children to achieve high
standards.
``(c) What Has Been Learned.--To enable schools to provide
all children a high-quality education, this title builds upon
what has been learned:
``(1) All children can master challenging content and
complex problem-solving skills; research clearly shows that
children, including low-achieving children, can succeed when
expectations are high and they are given the opportunity to
learn challenging material.
``(2) Piecemeal reform, particularly when not tied to an
overall vision of teaching to, and helping all children
reach, high standards, does not work.
``(3) Use of low-level tests that are not aligned with
schools' curricula fails to provide adequate information
about what children know and can do and encourages curricula
and instruction that focus on low-level skills measured by
those tests.
``(4) Resources are less effective when they serve children
through such practices as pull-out programs, instead of
ensuring that children have full access to effective regular
school programs and receive supplemental help through
extended-time activities.
``(5) The disproven theory that children must first learn
basic skills before engaging in more complex tasks continues
to dominate strategies for classroom instruction, resulting
in emphasis on repetitive drill and practice at the expense
of content-rich instruction, accelerated curricula, and
effective teaching to high standards.
``(6) Intensive and sustained professional development for
teachers and other school staff--focused on teaching and
learning and on helping children attain high standards--is
too often not provided.
``(7) Insufficient attention and resources are directed
toward the effective use of technology in schools and the
role it can play in professional development and improved
teaching and learning.
``(8) All parents can contribute to their children's
success by helping at home and becoming partners with
teachers so that children can achieve high standards.
``(9) Decentralized decisionmaking is a key ingredient of
systemic reform. Schools need the resources, flexibility, and
responsibility to design and implement effective strategies
for bringing their children to high levels of
[[Page 396]]
performance and should accept responsibility to do so.
``(10) Opportunities for students to achieve to high
standards can be enhanced through a variety of approaches
such as public school choice and charter schools.
``(11) Attention to academics alone cannot ensure that all
children will reach high standards. The health and other
needs of children that affect learning are frequently unmet,
particularly in high-poverty schools, thereby necessitating
coordination of services to better meet children's needs.
``(d) Statement of Purpose.--The purpose of this title is
to enable schools to provide opportunities for children
served to acquire the knowledge and skills contained in the
rigorous State content standards and to meet the challenging
State performance standards developed for all children under
the Goals 2000: Educate America Act or, in their absence,
under this title. This purpose shall be accomplished by--
``(1) ensuring high standards for all children and aligning
the efforts of States, local educational agencies, and
schools to help children served under this title to reach
them;
``(2) providing children an enriched and accelerated
educational program through schoolwide programs or through
additional services that increase the amount and quality of
instructional time so that children served under this title
receive at least all the classroom instruction that other
children receive;
``(3) promoting schoolwide reform and ensuring access of
children--from the earliest grades--to effective
instructional strategies and challenging academic content
that includes intensive complex thinking and problem-solving
experiences;
``(4) significantly upgrading the quality of curricula and
instruction by providing staff in participating schools with
substantial opportunities for intensive and sustained
professional development;
``(5) coordinating services under all parts of this title
with each other, with other educational services, and, to the
extent feasible, with health and social service programs
funded from other sources;
``(6) affording parents meaningful opportunities to
participate in the education of their children at home and at
school;
``(7) distributing resources, in amounts sufficient to make
a difference, to areas where needs are greatest;
``(8) improving accountability, as well as teaching and
learning, by using State assessment systems designed to
measure how well children are achieving high State standards
of performance expected of all children; and
``(9) providing greater decisionmaking authority and
flexibility to schools in exchange for greater responsibility
for student performance.
``SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.
``Appropriations are authorized for the following programs
and activities under this title:
``(1) Local educational agency grants.--For the purpose of
carrying out part A of this title, other than section
1118(e), there are authorized to be appropriated
$7,000,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996 through 1999.
``(2) Even start.--For the purpose of carrying out part B
of this title, there are authorized to be appropriated
$118,000,000 in fiscal year 1995, and such sums as may be
necessary for each of the fiscal years 1996 through 1999.
``(3) Education of migratory children.--For the purpose of
carrying out part C of this title, there are authorized to be
appropriated such sums as may be necessary for each of the
fiscal years 1995 through 1999.
``(4) Education for neglected or delinquent youth.--For
the purpose of carrying out part D of this title, there are
authorized to be appropriated such sums as may be necessary
for each of the fiscal years 1995 through 1999.
``(5) Capital expenses.--For the purpose of carrying out
section 1118(e) of this title, there are authorized to be
appropriated such sums as may be necessary for each of the
fiscal years 1995 through 1999.
``(6) School improvement.--For the purpose of carrying out
the activities authorized in sections 1119(b)(1), (b)(2), and
(e) of this title, there are authorized to be appropriated
such sums as may be necessary for each of the fiscal years
1995 through 1999.
``(7) Federal activities.--(A) For the purpose of carrying
out section 1501 of this title, there are authorized to be
appropriated such sums as may be necessary for each of the
fiscal years 1995 through 1999.
``(B) For the purpose of carrying out section 1502 of this
title, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 1995 through
1999.
``PART A--MAKING HIGH-POVERTY SCHOOLS WORK
``Subpart 1--Basic Program Requirements
``SEC. 1111. STATE PLANS.
``(a) Plans Required.--(1) Any State desiring to receive a
grant under this part shall submit to the Secretary a plan,
developed in consultation with local educational agencies,
teachers, administrators, and parents, that--
``(A)(i) is integrated with the State's plan, either
approved or being developed, under title III of the Goals
2000: Educate America Act, and satisfies the requirements of
this section that are not already addressed by that State
plan; and
``(ii) is integrated with other State plans, if any, under
the School-to-Work Opportunities Act of 1993 and the Carl D.
Perkins Vocational and Applied Technology Education Act, to
the extent that these plans have not already been
incorporated in the State's plan under title III of the Goals
2000: Educate America Act; or
``(B) if the State does not have an approved plan under
title III of the Goals 2000: Educate America Act and is not
developing such a plan--
``(i) is integrated with other State plans under this Act
and other plans, including those under the School-to-Work
Opportunities Act of 1993 and the Carl D. Perkins Vocational
and Applied Technology Education Act, where such plans exist;
and
``(ii) satisfies the requirements of this section.
``(2) The plan may be submitted as part of a consolidated
application under section 9302.
``(3) A State may satisfy all or part of the requirements
of this section by referencing applicable sections of its
approved State plan under title III of the Goals 2000:
Educate America Act.
``(b) Standards and Assessment Provisions.--(1)(A) Each
State plan shall demonstrate that the State has developed or
adopted high-quality standards for children served under this
title that will be used by the State, its local educational
agencies, and its schools to carry out this Act and that
these standards be as challenging and of the same high-
quality as they are for all children. These standards shall
include--
``(i) challenging content standards in the core academic
subjects that--
``(I) specify what children served under this title are
expected to know and be able to do;
``(II) contain coherent and rigorous content; and
``(III) emphasize the teaching of advanced skills;
``(ii) challenging performance standards that--
``(I) are aligned with the State's content standards;
``(II) describe two levels of high performance,
`proficient' and `advanced', that determine how well children
served under this title are mastering the material in the
content standards; and
``(III) include a third benchmark below proficient, if
necessary, to provide complete information about the progress
of the lower-performing children toward achieving the high
`proficient' and `advanced' performance standards.
``(B) For those core academic subjects in which a State has
not adopted challenging content and performance standards,
the State plan shall include a schedule for their development
that includes the completion of standards in mathematics and
reading/language arts by the end of the interim period as
described in paragraph (7).
``(2)(A) Each State plan shall demonstrate, based on
assessments described under paragraph (3), what constitutes
adequate yearly progress of--
``(i) any school served under this part toward enabling
children to meet the State's `proficient' and `advanced'
performance standards; and
``(ii) any local educational agency that received funds
under this part toward enabling children in schools receiving
assistance under this part to meet the State's `proficient'
and `advanced' performance standards.
``(B) Adequate yearly progress shall be defined in a
manner--
``(i) that is consistent with criteria of general
applicability established by the Secretary and results in
continuous and substantial yearly improvement for
economically disadvantaged, limited-English proficient, and
all students under this title in each school and local
educational agency toward the goal of all children under this
title meeting the State's challenging `advanced' performance
standards; and
``(ii) links progress primarily to performance on the
assessments carried out under this section while permitting
progress to be established in part through the use of other
outcome-based measures such as reductions in drop-out rates.
``(3) Each State plan shall demonstrate that the State has
developed or adopted a set of high-quality, yearly student
assessments that will be used as the primary means of
determining the yearly performance of each local educational
agency and school receiving assistance under this part in
enabling children served under this title to meet the State's
performance standards and that these assessments be
challenging and of the same high-quality as they are for all
children. These assessments shall--
``(A) be aligned with the State's challenging content and
performance standards and provide coherent information about
student attainment of such standards;
``(B) be used for purposes for which they are valid and
reliable, and be consistent with relevant nationally
recognized professional and technical standards of
assessments;
``(C) measure the proficiency of students in the core
academic subjects in which a State has adopted challenging
content and performance standards and be administered at some
time during--
``(i) grades 3 through 5;
``(ii) grades 6 through 9;
``(iii) grades 10 through 12.
``(D) be comprised of multiple, up-to-date measures of
student performance;
[[Page 397]]
``(E)(i) include limited-English proficient students who
shall be assessed, to the extent practicable in the language
and form most likely to yield accurate and reliable
information on what these students know and can do, to
determine their mastery of skills in subjects other than
English;
``(ii) include students who have been resident in a local
educational agency for a full academic year but have not
attended a single school for a full year, provided that the
performance of students who have attended more than one
school in the local educational agency in any academic year
shall be used only in determining the progress of the local
educational agency; and
``(iii) include students with disabilities who shall be
assessed, to the extent practicable, in a manner and form
most likely to yield accurate and reliable information on
what these students know and can do, including assessment
accommodations and modifications necessary to make such
determinations, provided that those students who are
determined, through valid evaluation conducted by qualified
personnel, to be so severely cognitively impaired as to
permanently lack the capacity to make any educational
progress, with the provision of special education and related
services, in meeting the State content and performance
standards may be exempted from the assessment process;
``(F) provide individual student scores; and
``(G) provide for disaggregated results within each State,
local educational agency, and school by gender, by each major
racial and ethnic group, by English proficiency status, and
by economically disadvantaged students as compared to
students who are not economically disadvantaged.
``(4) If a State has developed or adopted challenging
content and performance standards and an aligned set of
assessments for all students such as those developed under
title III of the Goals 2000: Educate America Act, or another
process, the State shall use such standards and assessments,
modified, if necessary, to conform with the requirements of
paragraphs (1)(A)(ii), (2), and (3).
``(5) If, after 2 years, a State does not have challenging
content and performance standards that meet the requirements
of paragraph (1) or after 3 years, a State does not have
assessments that meet the requirements of paragraph (3), a
State shall adopt a set of standards and aligned assessments
such as the standards and assessments contained in other
State plans that the Secretary has approved.
``(6)(A) If a State does not have assessments that meet the
requirements of paragraph (3), the State may propose to use
an interim set of yearly statewide assessments that will
assess the performance of complex skills and challenging
subject matter.
``(B) For any year during which a State is using an interim
assessment system, the State shall devise a means for
identifying schools and local educational agencies in need of
improvement under section 1119.
``(c) Other Provisions To Support Teaching And Learning.--
Each State plan shall also describe--
``(1)(A) the means by which the State educational agency
will work with other agencies, including educational service
agencies or other local consortia, and institutions to
provide technical assistance to local educational agencies
and schools to carry out the State educational agency's
responsibilities under this part; and
``(B)(i) where educational service agencies exist, the
State educational agency shall consider providing
professional development and technical assistance through
such agencies; and
``(ii) where educational service agencies do not exist, the
State educational agency shall consider providing
professional development and technical assistance through
other cooperative agreements such as a consortium of local
educational agencies;
``(2) the measure of poverty that local educational
agencies shall use which shall include such measures as the
number of children age 5 to 7 in poverty counted in the most
recent census data approved by the Secretary, the number of
children eligible to receive free and reduced price lunches
under the National School Lunch Act, the number of children
in families receiving assistance under Aid to Families With
Dependent Children or the number of children eligible to
receive medical assistance under the Medicaid program; or a
composite of such indicators;
``(3) how the State educational agency will notify local
educational agencies of the authority to operate schoolwide
programs, and fulfill its local educational agency and school
improvement responsibilities under section 1119, including
the corrective actions it will take under section 1119(d)(6);
``(4) how the State educational agency will encourage the
use of funds from other Federal, State, and local sources for
schoolwide reform in schoolwide programs under section 1114;
``(5) how the State educational agency will assess the
needs of local educational agencies serving rural areas, and
the plans the State educational agency has to meet those
needs; and
``(6) how the State educational agency will encourage the
establishment and operation of cooperative education,
mentoring, and apprenticeship programs, involving business
and industry.
``(d) Peer Review and Secretarial Approval.--The
Secretary--
``(1) shall establish a peer review process to assist in
the review and revision of State plans;
``(2) shall, following an initial peer review, approve a
State plan the Secretary determines meets the requirements of
subsections (b) and (c);
``(3)(A) shall, if the Secretary determines that the State
plan does not meet the requirements of subsection (b) or (c),
immediately notify the State of such determination and the
reasons for it;
(B) shall not decline to approve a State's plan before
offering the State an opportunity to revise its plan or
application, provide technical assistance in order to assist
the State to meet the requirements under subsections (b) and
(c) and a hearing; and
(C) may withhold funds until determining that the plan
meets the requirements of this section.
``(e) Duration of the Plan.--(1) Each State plan shall--
``(A) remain in effect for the duration of the State's
participation under this part; and
``(B) be periodically reviewed and revised by the State, as
necessary, to reflect changes in the State's strategies and
programs under this part.
``(2) If the State makes significant changes in its plan,
such as the adoption of new content and performance
standards, new assessments, or a new definition of adequate
progress, the State shall submit this information to the
Secretary for approval.
``(f) Nothing in this title shall be construed to authorize
an officer or employee of the Federal Government to mandate,
direct, or control a State, local educational agency, or
school's specific instructional content or pupil performance
standards and assessments, curriculum, or program of
instruction as a condition of eligibility to receive funds
under this title.
``(g) If aggregate State expenditure by the State
educational agency for operation of elementary and secondary
education programs is less than the State educational
agency's aggregate Federal allocation for State operation of
all Federal elementary and secondary education programs, then
the State plan for title I must include assurances and
specific provisions for State expenditures for operation of
elementary and secondary education programs to equal or
exceed the level of Federal expenditures for such operation
by fiscal year 1999.
``SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.
``(a) Plans Required.--(1) A local educational agency may
receive a subgrant under this part for any fiscal year only
if it has on file with the State educational agency a plan,
approved by the State educational agency, that--
``(A)(i) is integrated with the local educational agency's
plan, either approved or being developed, under title III of
the Goals 2000: Educate America Act, and satisfies the
requirements of this section that are not already addressed
by that State plan; and
``(ii) is integrated with local plans, if any, under the
School-to-Work Opportunities Act of 1993 and the Carl D.
Perkins Vocational and Applied Technology Education Act, to
the extent that such plans have not already been incorporated
into the local educational agency's plan under title III of
the Goals 2000: Educate America Act; or
``(B) if the local educational agency does not have an
approved plan under title III of the Goals 2000: Educate
America Act and is not developing such a plan--
``(i) is integrated with other local plans under this Act
and other plans, including those under the School-to-Work
Opportunities Act of 1993 and the Carl D. Perkins Vocational
and Applied Technology Education Act, where such plans exist;
and
``(ii) satisfies the requirements of this section.
``(2) The plan may be submitted as part of a consolidated
application under section 9302.
``(3) A local educational agency may satisfy all or part of
the requirements of this section by referencing applicable
sections of its approved plan under title III of the Goals
2000: Educate America Act.
``(b) Standards and Assessment Provisions.--Each local
educational agency plan shall include--
``(1) a description of its challenging content and
performance standards, if any, in the core subjects, in
addition to the content and performance standards adopted by
the State under section 1111, that the local educational
agency expects children served under this title to meet;
``(2) a description, based on the assessments described
under paragraph (3), of what constitutes adequate yearly
progress if a local educational agency elects to establish
such measures that are more stringent than the measures
described in the State plan under section 1111; and
``(3) a description of additional high-quality student
assessments, if any, other than the assessments described in
the State plan under section 1111, that the local educational
agency and schools served under this part will use to--
``(A) determine the success of children served under this
title in meeting th State's performance standards; and
``(B) determine what revisions are needed to projects under
this part so that such children will meet the State's
performance standards.
``(c) Other Provisions To Support Teaching and Learning.--
(1) To ensure high-quality instruction to enable
participating children to meet the State's challenging
performance standards expected of all students, each local
educational agency plan shall describe a coherent strategy
for intensive and sustained professional development for
[[Page 398]]
teachers, administrators, and other staff, including staff of
such agency.
``(2) Each local educational agency plan shall describe how
the local educational agency will--
``(A) notify schools of the authority to operate schoolwide
programs;
``(B) work in consultation with schools as the schools
develop their plans pursuant to section 1115 or 1117 and
assist schools as they implement such plans so that each
school can make adequate yearly progress toward meeting the
State's standards; and
``(C) fulfill its school improvement responsibilities under
section 1119, including the corrective actions it will take
under section 1119(c)(4).
``(3) To address the comprehensive needs of children served
under this title, each local educational agency plan shall
describe how the local educational agency will--
``(A) coordinate and integrate services provided under this
part with other educational services at the local educational
agency or individual school level, including--
``(i) Even Start, Head Start, and other preschool programs,
including plans for the transition of participants in such
programs to local elementary school programs, vocational
education programs, and school-to-work transition programs;
and
``(ii) services for children with limited English
proficiency or with disabilities, migratory children served
under part C of this title or who were formerly eligible for
services under part C in the 2-year period preceding the date
of the enactment of this title, delinquent youth and youth at
risk of dropping out served under part D of this title,
homeless children, and immigrant children in order to
increase program effectiveness, eliminate duplication, and
reduce fragmentation of the children's instructional program;
``(B) coordinate and collaborate with other agencies
providing services to children, youth, and families,
including health and social services.
``(4) The local educational agency plan also shall include
a description of--
``(A) the poverty criteria that will be used to select
school attendance areas under section 1113;
``(B) the multiple criteria that will be used by targeted
assistance schools under section 1115 to identify children
eligible for services under this part;
``(C) the nature of the programs to be conducted by its
schools under sections 1114 and 1115 and services outside
such schools for children in local institutions for neglected
or delinquent children and eligible homeless children, in
accordance in section 1115(b)(2)(D);
``(D) how the local educational agency will ensure that
migratory children and formerly migratory children who are
eligible to receive services under this part are selected to
receive such services on the same basis as other children who
are selected to receive services under this part;
``(E) how a school that plans to serve preschool children
through the Head Start or Even Start programs will use its
funds to expand such programs to serve preschool children
from its attendance area that otherwise would not have been
served or increase the level of service to children presently
being served; and
``(F) how the local educational agency will provide
services to eligible children attending private elementary
and secondary schools in accordance with section 1120, and
how timely and meaningful consultation with private school
officials regarding such services will occur.
``(d) Plan Development and Duration.--Each local
educational agency plan shall--
``(1) be developed in consultation with teachers, including
vocational teachers, where appropriate, and parents of
children in schools served under this part; and
``(2)(A) remain in effect for the duration of the local
educational agency's participation under this part; and
``(B) periodically be reviewed and revised, as necessary,
to reflect changes in the local educational agency's
strategies and programs.
``(e) State Approval.--The State educational agency shall
approve a local educational agency's plan only if the State
educational agency determines that the plan will enable
schools served under this part to substantially help children
served under this title to meet the State's challenging
performance standards expected of all children.
``(f) Program Responsibility.--The local educational agency
plan shall reflect the shared responsibility of schools,
teachers, and the local educational agency in making
decisions required under sections 1114 and 1115.
``SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.
``(a) In General.--(1)(A)(i) A local educational agency
shall use funds received under this part only in school
attendance areas with high concentrations of children from
low-income families, hereafter in this section referred to as
`eligible school attendance areas'.
``(ii) For the purposes of this part--
``(I) `school attendance area' means, in relation to a
particular school, the geographical area in which the
children who are normally served by such school reside; and
``(II) `eligible school attendance area' means a school
attendance area in which the percentage of children from low-
income families is at least as high as the percentage of
children from low-income families in the local educational
agency as a whole.
``(B) If funds allocated in accordance with subsection (c)
are insufficient to serve all eligible school attendance
areas, a local educational agency shall--
``(i) annually rank, without regard to grade spans, its
eligible school attendance areas in which the concentration
of children from low-income families exceeds 75 percent from
highest to lowest according to the percentage of children
from low-income families; and
``(ii) serve such eligible school attendance areas in rank
order.
``(C) If funds remain after serving all eligible school
attendance areas under subparagraph (B), a local educational
agency shall--
``(i) annually rank its remaining eligible school
attendance areas from highest to lowest either by grade span
or for the entire local educational agency according to the
percentage of children from low-income families; and
``(ii) serve such eligible school attendance areas in rank
order either within each grade-span grouping or within the
local educational agency as a whole.
``(2) The local educational agency shall use as the measure
of poverty, the number of children ages 5-17 in poverty
counted in the most recent census data approved by the
Secretary, the number of children eligible for free and
reduced priced lunches under the National School Lunch Act,
the number of children in families receiving assistance under
Aid to Families with Dependent Children or the number of
children eligible to receive medical assistance under the
Medicaid program, or a composite of such indicators, with
respect to all school attendance areas in the local
educational agency--
``(A) to identify eligible school attendance areas;
``(B) to determine the ranking of each area; and
``(C) to determine allocations under subsection (c).
``(3) This subsection shall not apply to a local
educational agency with a total enrollment of less than 1,000
children.
``(b) Local Educational Agency Discretion.--Notwithstanding
subsection (a)(1), a local educational agency may--
``(1) designate as eligible any school attendance area or
school in which at least 50 percent of the children are from
low-income families;
``(2) use funds received under this part in a school that
is not in an eligible school attendance area, if the
percentage of children from low-income families enrolled in
the school is equal to or greater than the percentage of such
children in a participating school attendance area of such
agency; and
``(3)(A) elect not to serve an eligible school attendance
area or eligible school that has a higher percentage of
children from low-income families if--
``(i) the school meets the comparability requirements of
section 1120(c);
``(ii) the school is receiving supplemental funds from
other State or local sources that are spent according to the
requirements of section 1114 or 1115; and
``(iii) the funds expended from such other sources equal or
exceed the amount that would be provided under this part.
``(B) Notwithstanding subparagraph (A), the number of
children attending private elementary and secondary schools
who are to receive services, and the assistance they are to
receive under this part, shall be determined without regard
to whether the public school attendance area in which such
children reside is passed over under this paragraph.
``(c) Allocations.--(1) A local educational agency shall
allocate funds received under this part to eligible school
attendance areas or eligible schools, identified under
subsection (a) or (b), in rank order, on the basis of the
total number of children from low-income families in each
area or school.
``(2)(A) Except as provided in subparagraph (B), the per-
pupil amount of funds allocated to each school attendance
area or school under paragraph (1) shall be not less than 80
percent of the per-pupil amount of funds the local
educational agency received for such year under sections
1124, 1124A, and 1125.
``(B) A local educational agency may reduce the amount of
funds allocated under subparagraph (A) for a school
attendance area or school by the amount of any supplemental
State and local funds expended in such school attendance area
or school for programs that meet the requirements of section
1114 or 1115.
``(3) A local educational agency shall reserve such funds
as are necessary under this part to provide services
comparable to the services provided to children in schools
funded under this part to serve--
``(A) homeless children in accordance with section
1115(b)(2)(D); and
``(B) children in local institutions for delinquent
children.
``SEC. 1114. SCHOOLWIDE PROGRAMS.
``(a) Use of Funds For Schoolwide Programs.--(1) A local
educational agency may use funds under this part, in
combination with other Federal, State, and local funds, to
upgrade the entire educational program in an eligible school
if, for the initial year of the schoolwide program, the
school meets the following criteria:
``(A) For school year 1995-96--
``(i) the school serves an eligible school attendance area
in which at least 65 percent of the children are from low-
income families; or
``(ii) at least 65 percent of the children enrolled in the
school are from such families.
[[Page 399]]
``(B) For school year 1996-97 and thereafter, the
percentage requirement in subparagraphs (A) (i) and (ii)
shall be 50 percent.
``(2)(A) No schoolwide program school shall be required to
identify particular children as eligible to participate or to
provide supplemental services to them.
``(B) A schoolwide program school shall use such funds only
to supplement the amount of funds that would, in the absence
of funds under this part, be made available from non-Federal
sources for the school, including funds needed to provide
services that are required by law for children with
disabilities and children with limited English proficiency.
``(3) A school may use funds received under any
noncompetitive, formula-grant program administered by the
Secretary, except such a program under the Individuals With
Disabilities Education Act, and any discretionary program
contained on a list (updated as necessary) issued by the
Secretary to support a schoolwide program, notwithstanding
any provision of the statute or regulations governing any
such program.
``(b) Components of a Schoolwide Program.--(1) A schoolwide
program shall include the following components:
``(A) A comprehensive needs assessment of the entire school
that is based on information on the performance of children
in relation to the State's standards.
``(B) Schoolwide reform strategies that--
``(i) provide opportunities for all children to meet the
State's `proficient' and `advanced' performance standards
expected of all children;
``(ii) are based on research on effective means of
improving the achievement of children;
``(iii) use effective instructional strategies that
increase the amount and quality of learning time and help
provide an enriched and accelerated curriculum rather than
remedial drill and practice;
``(iv) address the needs of all children in the school, but
particularly the needs of low-achieving children, children
with limited English proficiency, children from migratory
families, and children who are members of the target
population of any program that is included in the schoolwide
program, and how the school will determine if those needs
have been met; and
``(v) are consistent with, and are designed to implement,
the State and local reform plans, if any, approved under
title III of the Goals 2000: Educate America Act.
``(C) Instruction by highly qualified professional staff.
``(D) Intensive and sustained professional development for
teachers, principals, and other staff to enable all children
in the school to meet the State's performance standards.
``(E) Parental involvement in accordance with section 1117.
``(F) Additionally, in schools serving children beyond
grade six, in coordination with funds available from other
programs and, as appropriate, drawing on private and public
organizations--
``(i) counseling and mentoring services;
``(ii) college and career awareness and preparation, such
as college and career guidance, enhancement of employability
skills, and job placement services; and
``(iii) services to prepare students for the transition
from school to work.
``(2)(A) Any eligible school that desires to operate a
schoolwide program shall first develop, in consultation with
the local educational agency, a comprehensive plan for
reforming the total instructional program in the school
that--
``(i) incorporates the components described in paragraph
(1);
``(ii) describes how the school will use resources under
this part and from other sources to implement those
components;
``(iii) includes a list of State and local educational
agency programs and other Federal programs under paragraph
(a)(3) that will be included in the schoolwide program; and
``(iv) describes how the school will provide individual
student assessment results, including an interpretation of
those results, to the parents of any child who participates
in the assessment required by section 1111(b)(3).
``(B) Plans developed before a State has adopted standards
and a set of assessments that meet the criteria in section
1111(b) (1) and (3) shall be based on an analysis of
available data on the achievement of students in the school
and a review of the school's instructional practices in the
context of available research on effective instructional and
school improvement practices.
``(C) The comprehensive plan shall be--
``(i) developed over a one-year period, unless--
``(I) the local educational agency, based on the
recommendation of the school support team under subsection
(c), determines that less time is needed to develop and
implement the schoolwide program; or
``(II) the school is operating a schoolwide program at the
time this section takes effect, in which case it may continue
to operate that program, but shall develop a new plan during
the first year to reflect the provisions of this section;
``(ii) developed with the involvement of the community to
be served and those individuals who will carry it out,
including teachers, principals, other staff, parents, and, if
the plan relates to a secondary school, students from the
school;
``(iii) reviewed and revised, as necessary, by the school;
and
``(iv) available to the local educational agency, parents,
and the public. The information contained therein shall be
translated, to the extent feasible, into any language that a
significant percentage of the parents of participating
children in the school speak as their primary language.
``(c) School Support Teams.--(1) Each State educational
agency shall establish a system of school support teams to
provide information and assistance to each schoolwide program
to ensure that schoolwide programs provide the opportunity
for all children to meet the State's challenging performance
standards.
``(2) Each such team shall be composed of persons,
including teachers, knowledgeable about research and practice
on teaching and learning, particularly about strategies for
improving the educational opportunities for low-achieving
children.
``(3) A school support team shall work with each school as
it develops its schoolwide program plan, review the merits of
each plan, and make recommendations to the school and the
local educational agency.
``(4) During the operation of the schoolwide program, a
school support team shall--
``(A) periodically review the progress of the school in
enabling children in the school to meet the State's
performance standards;
``(B) identify problems in the design and operation of the
instructional program; and
``(C) make suggestions for improvement to the school and
the local educational agency.
``(5) Funds available for State administration and for
local educational agencies under this part may be used to pay
the costs of the school support teams.
``SEC. 1115. TARGETED ASSISTANCE SCHOOLS.
``(a) In General.--In all schools selected to participate
under section 1113 that are ineligible for a schoolwide
program, or that choose not to operate a schoolwide program,
a local educational agency may use funds received under this
part only for programs that provide services to eligible
children identified as having the greatest need for special
assistance.
``(b) Eligible Children--(1)(A) The eligible population for
services under this part is--
``(i) children up to age 21 who are entitled to a free
public education through grade 12; and
``(ii) children who are not yet at a grade level where the
local educational agency provides a free public education,
yet are of an age at which they can benefit from an organized
instructional program provided in a school or other
educational setting.
``(B) From the population described in subparagraph (A),
eligible children are children identified by the school as
failing, or most at risk of failing, to meet the State's
challenging performance standards on the basis of multiple,
educationally related, objective criteria established by the
local educational agency and supplemented by the school,
except that children from preschool through grade two shall
be selected solely on the basis of such criteria as teacher
judgment, interviews with parents, and developmentally
appropriate measures.
``(2)(A)(i) Children receiving services to overcome a
disability or limited English proficiency are eligible for
services under this part on the same basis as other children
selected to receive services under this part.
``(ii) Funds received under this part may not be used to
provide services that are otherwise required by law to be
made available to such children.
``(B) A child who, at any time in the previous two years,
participated in a Head Start, Even Start, or State-run
preschool program shall be automatically eligible for
services under this part;
``(C)(i) A child who, at any time in the previous two years
received services under the program for delinquent youth and
youth at risk of dropping out under part D of this title (or
its predecessor authority) may be eligible for services under
this part.
``(ii) Any child in a local institution for neglected or
delinquent children or attending a community day program for
such children is eligible for services under this part.
``(D) A local educational agency shall use funds received
under this part to serve eligible homeless children who
attend a school in the local educational agency that receives
funds under this title. To the extent feasible, a local
educational agency shall use funds received under this part
to serve eligible homeless children who attend schools in
noneligible attendance areas, including providing
educationally related support services to children in
shelters, where appropriate.
``(c) Components of a Targeted Assistance School Program.--
(1) To assist targeted assistance schools and local
educational agencies to meet their responsibility to provide
all students with the opportunity to meet the State's
challenging performance standards, each targeted assistance
program under this section shall--
``(A) use its resources under this part to help
participating children meet the challenging performance
standards expected for all children;
``(B) be based on research on effective means for improving
achievement of children;
``(C) use effective instructional strategies that--
``(i) give primary consideration to providing extended
learning time such as an extended school year and before- and
after-school programs and opportunities;
``(ii) involve an accelerated, high-quality curriculum,
including applied learning, rather than remedial drill and
practice; and
``(iii) minimize removing children from the regular
classroom for instruction provided under this part;
[[Page 400]]
``(D) be coordinated with and support the regular program
in providing an enriched and accelerated curriculum for
eligible children;
``(E) provide instruction by highly qualified professional
staff;
``(F) provide opportunities for intensive and sustained
professional development with resources under this part and
from other sources for administrators and for teachers and
other school staff who work with participating children in
programs under this section or in the regular education
program;
``(G) provide strategies to increase parental involvement,
including family literary services;
``(H) provide plans for assisting preschool children in the
transition from early childhood programs, such as Head Start,
Even Start, or a State-run preschool program, to local
elementary school programs; and
``(I) include, additionally, in schools serving children
beyond grade six, in coordination with funds available from
other programs and, as appropriate, drawing on private and
public organizations--
``(i) counseling and mentoring;
``(ii) college and career awareness and preparation, such
as college and career guidance, comprehensive career
development, enhancement of employability skills, personal
finance education, and job placement services; and
``(iii) services to prepare students for the transition
from school to work, including the formation of partnerships
between elementary, middle, and secondary schools and local
businesses.
``(2)(A) Each school conducting a program under this
section shall develop, in consultation with the local
educational agency, a plan to assist participating children
to meet the State's `proficient' and `advanced' performance
standards that describes--
``(i) the selection of children to participate in
accordance with subsection (b);
``(ii) the program to be conducted that incorporates the
components described in paragraph (1) and how the resources
provided under this part will be coordinated with other
resources to enable the children served to meet the State's
standards;
``(iii) how the school will review, on an ongoing basis,
the progress of participating children and revise the
program, if necessary, to provide additional assistance to
enable such children to meet the State's challenging
performance standards such as an extended school year and
before- and after-school programs and opportunities, training
for teachers regarding how to identify students that require
additional assistance, and training for teachers regarding
how to implement performance standards in the classroom; and
``(iv) if the school is eligible to operate a schoolwide
program under section 1114, why it chose not to do so.
``(B) Plans developed before a State has adopted standards
and a set of assessments that meet the criteria of section
1111(b) (1) and (3) shall be based on an analysis of
available data on the achievement of participating children
and a review of the school's instructional practices in the
context of available research on effective instructional
practices.
``(C) Each plan shall be--
``(i) developed with the involvement of the community to be
served and the individuals who will carry it out, including
teachers, administrators, other staff, parents,
representatives from business and industry, and, if the plan
relates to a secondary school, students from the school;
``(ii) approved by the local educational agency and made
available to parents and the information contained therein
translated, to the extent feasible, into any language that a
significant percentage of the parents of participating
children in the school speak as their primary language; and
``(iii) reviewed and revised, as necessary, by the school.
``(d) Assignment of Personnel.--To promote the integration
of staff paid with funds under this part and children served
under this part into the regular school program and overall
school planning and improvement efforts, public school
personnel who are paid with funds received under this part
may--
``(1) assume limited duties that are assigned to similar
personnel who are not so paid, including duties beyond
classroom instruction or that do not benefit participating
children so long as the amount of time spent on such duties
is the same proportion of total work time as prevails with
respect to similar personnel at the same school;
``(2) participate in general professional development and
school planning activities; and
``(3) collaboratively teach with regular classroom
teachers, so long as their efforts directly benefit
participating children.
``SEC. 1116. PUBLIC SCHOOL CHOICE.
``(a) Choice Programs.--A local educational agency may use
funds under this part, in combination with other Federal,
State, local, and private funds to develop and implement
choice programs, for children eligible for assistance under
this title, which permit parents to select the public school
that their children will attend.
``(b) Choice Plan.--A local educational agency that chooses
to implement a school choice plan shall first develop a
comprehensive plan that includes assurances that--
``(1) all eligible students across grade levels shall have
equal access to the program;
``(2) the program shall not include schools which follow a
racially discriminatory policy;
``(3) describe how the school will use resources under this
part and from other sources to implement such components;
``(4) describe how the school will provide individual
student assessment results, including an interpretation of
those results, to the parents of a child who participates in
the assessment required by section 1111(b)(3);
``(5) the plan will be developed with the involvement of
the community to be served and individuals who will carry it
out, including teachers, principals, other staff, parents,
and, if the plan relates to a secondary school, students from
the school;
``(6) the plan will be made available to parents and the
public; and
``(7) the program shall not include schools not receiving
funds under this title.''.
``SEC. 1117. PARENTAL INVOLVEMENT.
``(a) Local Educational Agency Policy.--(1) Each local
educational agency that receives funds under this part shall
develop jointly with, and make available to, parents of
participating children a written parent involvement policy
that is incorporated into the local educational agency's plan
developed under section 1112, establishes the expectations
for parent involvement, and describes how the local
educational agency will--
``(A) involve parents in the development of the plan
described under section 1112, and the process of school
review and improvement described under section 1119;
``(B) provide the coordination, technical assistance, and
other support necessary to assist participating schools in
planning and implementing effective parent involvement;
``(C) build the schools' and parents' capacity for strong
parent involvement as described in subsection (e);
``(D) coordinate and integrate parental involvement
strategies with other programs, including Head Start, Even
Start, and State-run preschool programs; and
``(E) ensure that participating schools review their parent
involvement activities on an ongoing basis and use the
findings of the reviews in designing strategies for school
improvement.
``(2) If the local educational agency has a district-level
parental involvement policy that applies to all parents, it
may amend that policy, if necessary, to meet the requirements
of this subsection.
``(b) School Parental Involvement Plan.--(1) Each school
served under this part shall jointly develop with, and make
available to, parents of participating children a written
parent involvement plan that shall be incorporated into the
school plan developed under section 1114 or 1115 and shall
describe the means for carrying out the requirements of
subsections (c) through (f).
``(2) If the school has a parental involvement policy that
applies to all parents, it may amend that policy, if
necessary, to meet the requirements of this subsection.
``(c) Policy Involvement.--Each school served under this
part shall--
``(1) convene an annual meeting, at a convenient time, to
which all parents of participating children shall be invited
and encouraged to attend, to inform parents of their school's
participation under this part and to explain this part, its
requirements, and their right to be involved;
``(2) involve parents, in an organized, ongoing, and timely
way, in the planning, review, and improvement of programs
under this part, including the development of the school plan
under section 1114 or 1115. If a school has in place a
process for involving parents in the planning and design of
its programs, the school may use that process, provided that
it includes an adequate representation of parents of
participating children; and
``(3) provide parents of participating children--
``(A) timely information about programs under this part;
``(B) school performance profiles required under section
1119(a)(2);
``(C) opportunities for regular meetings to formulate
suggestions, if such parents so desire; and
``(D) timely responses to their recommendations.
``(d) Shared Responsibilities for High Student
Performance.--As a component of the school-level parental
involvement plan developed under subsection (b), each school
served under this part shall jointly develop with parents for
all children a school-parent compact that outlines how
parents, the entire school staff, and students will share the
responsibility for improved student achievement and the means
by which the school and parents will build and develop a
partnership to help children achieve the State's high
standards. Such compact shall--
``(1) describe the school's responsibility to provide high-
quality curriculum and instruction in a supportive and
effective learning environment that enable the children to
meet the State's challenging performance standards, and the
ways in which each parent will be responsible for supporting
his or her children's learning, including monitoring
attendance, homework completion, television watching, and
positive use of extracurricular time; and
``(2) address the importance of communication between
teachers and parents on an ongoing basis through at least--
``(A) parent-teacher conferences in elementary schools, at
least annually, during which the compact shall be discussed
as it relates to the individual child's achievement;
``(B) frequent reports to parents on their children's
progress; and
[[Page 401]]
``(C) reasonable access to staff and observation of
classroom activities.
``(e) Building Capacity for Involvement.--To ensure
effective involvement of parents and to support a partnership
among the school, parents, and the community to improve
student achievement, each school and local educational agency
shall--
``(1) provide assistance to participating parents in such
areas as understanding the National Education Goals, the
State's content and performance standards, State and local
assessments, the requirements of this part, and how to
monitor their children's progress and work with educators to
improve the performance of their children;
``(2) provide materials and training, including necessary
literacy training that is not otherwise available from other
sources to help parents work with their children to improve
their children's achievement;
``(3) educate teachers, principals and other staff in the
value and utility of contributions of parents, and in how to
reach out to, communicate with, and work with parents as
equal partners, implement and coordinate parent programs, and
build ties between home and school; and
``(4) develop appropriate roles for community-based
organizations and businesses in parent involvement
activities, including providing information about
opportunities for them to work with parents and schools.
``(f) Accessibility.--In carrying out the parental
involvement requirements of this part, local educational
agencies and schools shall, to the extent practicable,
provide full opportunities for participation to parents with
limited English proficiency or with disabilities, including
providing information in a language and form they understand.
``SEC. 1118. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE
SCHOOLS.
(a) General Requirement.--(1) To the extent consistent with
the number of eligible children identified according to
section 1115(b) in a local educational agency who are
enrolled in private elementary and secondary schools, a local
educational agency shall, after timely and meaningful
consultation with appropriate private school officials,
provide such children, on an equitable basis, special
educational services or other benefits under this part.
``(2) The educational services or other benefits, including
materials and equipment, must be secular, neutral, and
nonideological.
``(3) Educational services and other benefits for such
private school children shall be equitable in comparison to
services and other benefits for public school children
participating under this part.
``(4) Expenditures for educational services and other
benefits to eligible private school children shall be equal
to the proportion of funds allocated to participating school
attendance areas based on the number of children from low-
income families who attend private schools.
``(5) The local educational agency may provide such
services directly or through contracts with public and
private agencies, organizations, and institutions.
``(b) Consultation.--(1) To ensure timely and meaningful
consultation, a local educational agency shall consult with
appropriate private school officials during the design and
development of the agency's programs under this part, on
issues such as--
``(A) how the children's needs will be identified;
``(B) what services will be offered;
``(C) how and where the services will be provided; and
``(D) how the services will be assessed.
``(2) Consultation shall occur before the local educational
agency makes any decision that affects the opportunities of
eligible private school children to participate in programs
under this part.
``(3) Consultation shall include a discussion of the full
range of service delivery mechanisms a local educational
agency could use to provide equitable services to eligible
private school children including, but not limited to,
instruction provided at public school sites, at neutral
sites, and in mobile vans, computer-assisted instruction,
extended-day services, home tutoring, and instruction
provided with take-home computers.
``(c) Public Control of Funds.--(1) The control of funds
provided under this part, and title to materials, equipment,
and property purchased with those funds, shall be in a public
agency, and a public agency shall administer such funds and
property.
``(2)(A) The provision of services under this section shall
be provided--
``(i) by employees of a public agency; or
``(ii) through contract by such public agency with an
individual, association, agency, or organization.
``(B) In the provision of such services, such employee,
person, association, agency, or organization shall be
independent of such private school and of any religious
organization, and such employment or contract shall be under
the control and supervision of such public agency.
``(d) Standards for a Bypass.--If a local educational
agency is prohibited by law from providing for the
participation on an equitable basis of eligible children
enrolled in private elementary and secondary schools or if
the Secretary determines that a local educational agency has
substantially failed or is unwilling to provide for such
participation, as required by this section, the Secretary
shall--
``(1) waive the requirements of this section for such local
educational agency; and
``(2) arrange for the provision of services to such
children through arrangements that shall be subject to the
requirements of this section and sections 9505 and 9506 of
this Act.
``(e) Capital Expenses.--(1)(A) From the amount
appropriated for this subsection under section 1002(e) for
any fiscal year, each State is eligible to receive an amount
that bears the same ratio to the amount so appropriated as
the number of private school children who received services
under this part in the State in the most recent year for
which data satisfactory to the Secretary are available bears
to the number of such children in all States in that same
year.
``(B) The Secretary shall reallocate any amounts allocated
under subparagraph (A) that are not used by a State for the
purpose of this subsection to other States on the basis of
their respective needs, as determined by the Secretary.
``(2)(A) A local educational agency may apply to the State
educational agency for payments for capital expenses
consistent with this subsection.
``(B) State educational agencies shall distribute such
funds to local educational agencies based on the degree of
need set forth in their respective applications.
``(3) Any funds appropriated to carry out this subsection
shall be used only for capital expenses incurred to provide
equitable services for private school children under this
section.
``(4) For the purpose of this subsection, the term `capital
expenses' is limited to--
``(A) expenditures for noninstructional goods and services,
such as the purchase, lease, or renovation of real and
personal property, including, but not limited to, mobile
educational units and leasing of neutral sites or spaces;
``(B) insurance and maintenance costs;
``(C) transportation; and
``(D) other comparable goods and services.
``SEC. 1119. ASSESSMENT AND SCHOOL AND DISTRICT IMPROVEMENT.
``(a) Local Review.--Each local educational agency
receiving funds under this part shall--
``(1) use the State assessments described in the State plan
and any additional measures described in the local
educational agency's plan to review annually the progress of
each school served under this part to determine whether the
school is meeting, or making adequate progress as defined in
section 1111(b)(2)(A)(i) toward enabling its students to
meet, the State's performance standards;
``(2) publicize and disseminate to teachers, parents,
students, and the community the results of the annual review
under paragraph (1) of all schools served under this part in
individual school performance profiles that include
disaggregated results as required by section 1111(b)(3)(G);
and
``(3) provide the results of the local annual review to
schools so that they can continually refine the program of
instruction to help all children in those schools meet the
State's high performance standards.
``(b) Distinguished Schools.--(1) Each State shall
designate as a Distinguished School--
``(A) any school served under this part that, for three
consecutive years, has exceeded the State's definition of
adequate progress as defined in section 1111(b)(2)(A)(i); and
``(B) any school in which virtually all students have met
the State's `advanced' performance standards.
``(2)(A) A State shall use funds available under section
1002(f) to recognize Distinguished Schools, including making
monetary awards.
``(B) Funds awarded to a Distinguished School may be used
by the school to further its educational program under this
part, provide additional incentives for continued success,
and reward individuals or groups in the school for past
performance.
``(3) A local educational agency may also recognize the
success of a Distinguished School by providing additional
institutional and individual rewards, such as greater
decisionmaking authority at the school building level,
increased access to resources or supplemental services such
as summer programs that may be used to sustain or increase
success, additional professional development opportunities,
opportunities to participate in special projects, and
individual financial bonuses.
``(4) Schools designated as Distinguished Schools under
paragraph (1) may serve as models and provide additional
assistance to other schools served under this part that are
not making adequate progress.
``(c) School Improvement.--(1) A local educational agency
shall identify for school improvement any school served under
this part that--
``(A) has been in program improvement under section 1020 of
chapter 1 of title I of the Elementary and Secondary
Education Act of 1965, as in effect before the effective date
of the Improving America's Schools Act of 1993, for at least
two consecutive school years prior to that date;
``(B) has not made adequate progress as defined in the
State's plan under section 1111(b)(2)(A)(i) for two
consecutive school years and if it does not have virtually
all students meeting the State's `advanced' performance
standards; or
``(C) has failed to meet the criteria established by the
State through its interim procedure under section
1111(b)(5)(C) for two consecutive years.
``(2)(A) Each school identified under paragraph (1) shall--
``(i) in consultation with parents, the local educational
agency, and, for schoolwide pro-
[[Page 402]]
grams, the school support team, revise its school plan under
section 1114 or 1115 in ways that have the greatest
likelihood of improving the performance of participating
children in meeting the State's performance standards; and
``(ii) submit the revised plan to the local educational
agency for approval.
``(B) During the first year immediately following
identification under paragraph (1), the school shall
implement its revised plan.
``(3) For each school identified under paragraph (1), the
local educational agency shall provide technical assistance
as the school develops and implements its revised plan.
``(4)(A) The local educational agency may take corrective
action at any time against a school that has been identified
under paragraph (1), but, during the third year following
identification under paragraph (1), shall take such action
against any school that still fails to make adequate
progress.
``(B) Corrective actions are those listed in the local
educational agency plan adopted in compliance with State law,
which may include, but are not limited to, decreasing
decisionmaking authority at the school level; making
alternative governance arrangements such as the creation of a
charter school; reconstituting the school staff; withholding
funds; and authorizing students to transfer, including paying
transportation costs, to other schools in the local
educational agency.
``(C)(i) At any time after a school has been identified
under paragraph (1), the local education agency may authorize
students eligible for assistance under this title to transfer
to another public school receiving funds under this title.
``(ii) During the third and subsequent years following the
identification of a school under paragraph (1), the local
education agency shall authorize students eligible for
assistance under this title to transfer to another public
school receiving funds under this title.
``(iii) Funds allocated for a student under this title
shall follow such student when transferring to another
school.
``(5) The State educational agency shall--
``(A) make assistance from Distinguished Educators under
subsection (e) available to the schools farthest from meeting
the State's standards, if requested by the school or local
educational agency; and
``(B) if it determines that a local educational agency
failed to carry out its responsibility under paragraphs (3)
and (4), take such corrective actions that it deems
appropriate.
``(6) Schools that for at least two of the three years
following identification under paragraph (1) make adequate
progress toward meeting the State's `proficient' and
`advanced' performance standards no longer need to be
identified for school improvement.
``(d) State Review and Local Educational Agency
Improvement.--(1) A State educational agency shall--
``(A) annually review the progress of each local
educational agency receiving funds under this part to
determine whether it is making adequate progress as defined
in section 1111(b)(2)(A)(ii) toward meeting the State's
performance standards; and
``(B) publicize and disseminate to teachers, parents,
students, and the community the results of the State review,
including disaggregated results, as required by section
1111(b)(3)(F).
``(2) In the case of a local educational agency that for
three consecutive years has exceeded the State's definition
of adequate progress as defined in section 1111(b)(2)(A)(ii),
the State may make institutional and individual rewards of
the kinds described for individual schools in subsection
(b)(3).
``(3) A State educational agency shall identify for
improvement any local educational agency that--
``(A) for two consecutive years, is not making adequate
progress as defined in section 1111(b)(2)(A)(ii) toward
meeting the State's performance standards; or
``(B) has failed to meet the criteria established by the
State through its interim procedure under section
1111(b)(5)(C) for two consecutive years.
``(4) Each local educational agency identified under
paragraph (3) shall, in consultation with schools, parents,
and educational experts, revise its district-level plan under
section 1112 in ways that have the greatest likelihood of
improving the performance of its schools in meeting the
State's performance standards.
``(5) For each local educational agency identified under
paragraph (3), the State educational agency shall--
``(A) provide technical assistance to better enable the
local educational agency to develop and implement its revised
plan and work with schools needing improvement; and
``(B) make available to the districts farthest from meeting
the State's standards, if requested, assistance from
Distinguished Educators under subsection (e).
``(6)(A) The State educational agency may take corrective
action at any time against a local educational agency that
has been identified under paragraph (3), but, during the
fourth year following identification under paragraph (3),
shall take such action against any local educational agency
that still fails to make adequate progress.
``(B) Corrective actions are those listed in the local
educational agency plan adopted in compliance with State law,
which may include, but are not limited to, reconstitution of
district personnel; appointment by the State educational
agency of a receiver or trustee to administer the affairs of
the local educational agency in place of the superintendent
and school board; removal of particular schools from the
jurisdiction of the local educational agency and
establishment of alternative arrangements for governing and
supervising such schools; the abolition or restructuring of
the local educational agency; and the withholding of funds.
``(C)(i) At any time after a local education agency has
been identified under paragraph (3), the State may authorize
students eligible for assistance under this title to transfer
to another public school in another local agency receiving
funds under this title.
``(ii) During the fourth and subsequent years following the
identification of a local education agency under paragraph
(3), the State shall authorize students eligible for
assistance under this title to transfer to another public
school in another local education agency receiving funds
under this title.
``(iii) Funds allocated for a student under this title
shall follow such student when transferring to another
school.
``(7) Local educational agencies that for at least two of
the three years following identification under paragraph (3)
make adequate progress toward meeting the State's standards
no longer need to be identified for district improvement.
``(e) Distinguished Educators.--(1) In order to provide
assistance to schools and local educational agencies
identified as needing improvement under subsection (c) or
(d), each State, using funds available under section 1002(f),
shall establish a corps of Distinguished Educators.
``(2) When possible, these Distinguished Educators shall be
chosen from schools served under this part that have been
especially successful in enabling children to meet or make
outstanding progress toward meeting the State's performance
standards, such as those schools described in subsection (b).
``(3) Distinguished Educators shall provide, upon request,
intensive and sustained assistance to the schools and
districts farthest from meeting the State's standards as they
revise and implement their plans.
``(4) If the State has devised an alternative approach to
providing such intensive and sustained assistance to schools
and districts farthest from meeting the State's standards,
this approach shall meet the requirements of this subsection
subject to the approval of the Secretary as part of the State
plan.
``(f) State Allocations for School Improvement.--From the
amount appropriated under section 1002(f) for any fiscal
year, each State shall be eligible to receive an amount that
bears the same ratio to the amount appropriated as the amount
allocated to the State under sections 1123 and 1124 bears to
the total amount allocated to all States under those
sections, except that each State shall receive at least
$180,000, or $30,000 in the case of Guam, American Samoa, the
Virgin Islands, the Northern Marianas, and Palau (until the
Compact of Free Association goes into effect).
``SEC. 1120. FISCAL REQUIREMENTS.
``(a) Maintenance of Effort.--A local educational agency
may receive funds under this part for any fiscal year only if
the State educational agency finds that the local educational
agency has maintained its fiscal effort in accordance with
section 9501 of this Act, including such effort for
professional development activities.
``(b) Federal Funds to Supplement, Not Supplant, Non-
Federal Funds.--(1)(A) Except as provided in subparagraph
(B), a State or local educational agency shall use funds
received under this part only to supplement the amount of
funds that would, in the absence of such Federal funds, be
made available from non-Federal sources for the education of
pupils participating in programs assisted under this part,
and not to supplant such funds.
``(B) For the purpose of complying with subparagraph (A), a
State or local educational agency may exclude supplemental
State and local funds expended in any eligible school
attendance area or school for programs that meet the
requirements of section 1114 or 1115.
``(2) No local educational agency shall be required to
provide services under this part through a particular
instructional method or in a particular instructional setting
in order to demonstrate its compliance with paragraph (1).
``(c) Comparability of Services.--(1)(A) Except as provided
in paragraphs (4) and (5), a local educational agency may
receive funds under this part only if State and local funds
will be used in schools served under this part to provide
services that, taken as a whole, are at least comparable to
services in schools that are not receiving funds under this
part.
``(B) If the local educational agency is serving all of its
schools under this part, such agency may receive funds under
this part only if it will use State and local funds to
provide services that, taken as a whole, are substantially
comparable in each school.
``(C) A local educational agency may meet the requirements
of subparagraphs (A) and (B) on a grade-span by grade-span
basis or a school-by-school basis.
``(2)(A) To meet the requirements of paragraph (1), a local
educational agency shall demonstrate that--
``(i) expenditures per pupil from State and local funds in
each school served under this part are equal to or greater
than the average expenditures per pupil in schools not
receiving services under this part; or
``(ii) it has adopted a districtwide salary schedule.
[[Page 403]]
``(B) A local educational agency need not include
unpredictable changes in student enrollment or personnel
assignments that occur after the beginning of a school year
in determining comparability of services under this
subsection.
``(3) Each local educational agency shall--
``(A) develop procedures for compliance with this
subsection; and
``(B) maintain records that are updated biennially
documenting its compliance.
``(4) This subsection shall not apply to a local
educational agency that does not have more than one building
for each grade span.
``(5) For the purpose of determining compliance with
paragraph (1), a local educational agency may exclude State
and local funds expended for--
``(A) bilingual education for children of limited English
proficiency; and
``(B) excess costs of providing services to children with
disabilities.
``Subpart 2--Allocations
``SEC. 1122. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY
OF THE INTERIOR.
``(a) Reservation of Funds.--From the amount appropriated
for payments to States for any fiscal year under section
1002(a), the Secretary shall reserve a total of 1 percent to
provide assistance to--
``(1) the outlying areas on the basis of their respective
need for such assistance according to such criteria as the
Secretary determines will best carry out the purpose of this
part; and
``(2) the Secretary of the Interior in the amount necessary
to make payments pursuant to subsection (b).
``(b) Allotment to the Secretary of the Interior.--
``(1) The amount allotted for payments to the Secretary of
the Interior under subsection (a)(2) for any fiscal year
shall be, as determined pursuant to criteria established by
the Secretary, the amount necessary to meet the special
educational needs of--
``(A) Indian children on reservations served by elementary
and secondary schools for Indian children operated or
supported by the Department of the Interior; and
``(B) out-of-State Indian children in elementary and
secondary schools in local educational agencies under special
contracts with the Department of the Interior.
``(2) From the amount allotted for payments to the
Secretary of the Interior under subsection (a)(2), the
Secretary of the Interior shall make payments to local
educational agencies, upon such terms as the Secretary of
Education determines will best carry out the purposes of this
part, with respect to out-of-State Indian children described
in paragraph (1). The amount of such payment may not exceed,
for each such child, the greater of--
``(A) 40 percent of the average per-pupil expenditure in
the State in which the agency is located; or
``(B) 48 percent of such expenditure in the United States.
``SEC. 1123. ALLOCATIONS TO STATES.
``(a) General.--For each fiscal year, an amount of the
appropriations for this part equal to the appropriation for
fiscal year 1994 for part A of chapter 1, title I, Elementary
and Secondary Education Act, shall be allocated in accordance
with sections 1124 and 1124A. Any additional appropriations
for this part for any fiscal year, after application of the
preceding sentence, shall be allocated in accordance with
section 1125.
``(b) Adjustments Where Necessitated by Appropriations.--
``(1) If the sums available under this part for any fiscal
year are insufficient to pay the full amounts that all local
educational agencies in States are eligible to receive under
sections 1124, 1124A, and 1125 for such year, the Secretary
shall ratably reduce the allocations to such local
educational agencies, subject to subsections (c) and (d) of
this section.
``(2) If additional funds become available for making
payments under sections 1124, 1124A, and 1125 for such fiscal
year, allocations that were reduced under paragraph (1) shall
be increased on the same basis as they were reduced.
``(c) Hold-Harmless Amounts.--Notwithstanding subsection
(b), the total amount made available to each local
educational agency under each of sections 1124 and 1125 for
any fiscal year shall be at least 85 percent of the total
amount such local educational agency was allocated under such
sections (or, for fiscal year 1995, their predecessor
authorities) for the preceding fiscal year.
``(d) Definition.--For the purpose of this section and
sections 1124 and 1125, the term State means each of the 50
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
``SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) Amount of Grants.--
``(1) Grants for local educational agencies and puerto
rico.--
``(A) The grant which a local educational agency in a State
is eligible to receive under this subpart for a fiscal year
shall (except as provided in section 1126), be determined by
multiplying the number of children counted under subsection
(c) by 40 percent of the amount determined under the next
sentence. The amount determined under this sentence shall be
the average per pupil expenditure in the State except that
(i) if the average per pupil expenditure in the State is less
than 80 percent of the average per pupil expenditure in the
United States, such amount shall be 80 percent of the average
per pupil expenditure in the United States, or (ii) if the
average per pupil expenditure in the State is more than 120
percent of the average per pupil expenditure in the United
States, such amount shall be 120 percent of the average per
pupil expenditure in the United States. For each local
educational agency serving an area with a total population of
at least 20,000 persons, the grant under this section shall
be the amount determined by the Secretary. For local
educational agencies serving areas with total population of
fewer than 20,000 persons, the State education agency may
either (I) distribute to such local educational agencies
grants under this section equal to the amounts determined by
the Secretary; or (II) use an alternative method, approved by
the Secretary, to distribute the share of the State's total
grants under this section that is based on local educational
agencies with total populations of fewer than 20,000 persons.
Such an alternative method of distributing grants under this
section among a State's local educational agencies serving
areas with total populations of fewer than 20,000 persons
shall be based upon population data that the State education
agency determines best reflect the current distribution of
children in poor families among the State's local educational
agencies serving areas with total populations of fewer than
20,000 persons. If a local educational agency serving an area
with total population of less than 20,000 persons is
dissatisfied with the determination of its grant by the State
education agency, then it may appeal this determination to
the Secretary. The Secretary must respond to this appeal
within 45 days of receipt. The Secretary shall consult with
the Secretary of Commerce regarding whether available data on
population for local educational agencies serving areas with
total populations of fewer than 20,000 persons are
sufficiently reliable to be used to determine final grants to
such areas.
``(B) If, and only if, there are portions of any of the
States for which the Department of Commerce has not prepared
data on the number of children, aged 5-17, from families
below the poverty level for local educational agencies, then
the Secretary shall use such data compiled for counties in
those portions of the States, treating the counties as if
they were local educational agencies. In such cases, subject
to section 1126, the grant for any local educational agency
in such an area of a State shall be determined on the basis
of the aggregate amount of such grants for all such agencies
in the county or counties in which the school district of the
particular agency is located, which aggregate amount shall be
equal to the aggregate amount determined under subparagraph
(A) for such county or counties, and shall be allocated among
those agencies upon such equitable basis as may be determined
by the State educational agency in accordance with basic
criteria prescribed by the Secretary.
``(C) For each fiscal year, the Secretary shall determine
the percentage which the average per pupil expenditure in the
Commonwealth of Puerto Rico is of the lowest average per
pupil expenditure of any of the 50 States. The grant which
the Commonwealth of Puerto Rico shall be eligible to receive
under this subpart for a fiscal year shall be the amount
arrived at by multiplying the number of children counted
under subsection (c) for the Commonwealth of Puerto Rico by
the product of--
``(i) the percentage determined under the preceding
sentence; and
``(ii) 32 percent of the average per pupil expenditure in
the United States.
``(2) Definition.--For purposes of this subsection, the
term `State' does not include Guam, American Samoa, the
Virgin Islands, the Northern Mariana Islands, and Palau.
``(b) Minimum Number of Children To Qualify.--A local
educational agency shall be eligible for a basic grant for a
fiscal year under this subpart only if the number of children
counted under subsection (c) in the school district of such
local educational agency is at least 10.
``(c) Children To Be Counted.--
``(1) Categories of children.--The number of children to be
counted for purposes of this section is the aggregate of--
``(A) the number of children aged 5 to 17, inclusive, in
the school district of the local educational agency from
families below the poverty level as determined under
paragraph (2)(A),
``(B) the number of children aged 5 to 17, inclusive, in
the school district of such agency from families above the
poverty level as determined under paragraph (2)(B), and
``(C) the number of children aged 5 to 17, inclusive, in
the school district of such agency in institutions for
neglected and delinquent children (other than such
institutions operated by the United States) or attending
community day programs for such children, but not counted
pursuant to subpart 3 of part D for the purposes of a grant
to a State agency, or being supported in foster homes with
public funds.
``(2) Determination of number of children.--
``(A) For the purposes of this section, the Secretary shall
determine the number of children aged 5 to 17, inclusive,
from families below the poverty level on the basis of the
most recent satisfactory data available from the Department
of Commerce for local educational agencies (as produced and
published under section 181a of title 13, United States
Code). If, and only if, there are portions of any of the
States for which the Department of Commerce has not prepared
data on the number of children, aged 5-17, from families
[[Page 404]]
below the poverty level for local educational agencies, then
the Secretary shall use such data compiled for counties in
those portions of the States, treating the counties as if
they were local educational agencies. The District of
Columbia and the Commonwealth of Puerto Rico shall be treated
as individual local educational agencies. If a local
educational agency contains two or more counties in their
entirety, then each county will be treated as if it were a
separate local educational agency for purposes of calculating
grants under this part. The total of grants for such counties
shall be allocated to such a local educational agency, which
shall distribute to schools in each county within it a share
of the local educational agency's total grant that is no less
than the county's share of the population counts used to
calculate the local educational agency's grant. If the
Department of Commerce has updated data on the number of
children, aged 5-17, from families below the poverty level
for local educational agencies, then the Secretary shall use
the updated data. In determining the families which are below
the poverty level, the Secretary shall utilize the criteria
of poverty used by the Bureau of the Census in compiling the
most recent decennial census, in such form as those criteria
have been updated by increases in the Consumer Price Index
for all urban consumers, published by the Bureau of Labor
Statistics.
``(B) For purposes of this section, the Secretary shall
determine the number of children aged 5 to 17, inclusive,
from families above the poverty level on the basis of the
number of such children from families receiving an annual
income, in excess of the current criteria of poverty, from
payments under the program of aid to families with dependent
children under a State plan approved under title IV of the
Social Security Act; and in making such determinations the
Secretary shall utilize the criteria of poverty used by the
Bureau of the Census in compiling the most recent decennial
census for a family of 4 in such form as those criteria have
been updated by increases in the Consumer Price Index for all
urban consumers, published by the Bureau of Labor Statistics.
The Secretary shall determine the number of such children and
the number of children of such ages living in institutions
for neglected or delinquent children, or being supported in
foster homes with public funds, on the basis of the caseload
data for the month of October of the preceding fiscal year
(using, in the case of children described in the preceding
sentence, the criteria of poverty and the form of such
criteria required by such sentence which were determined for
the calendar year preceding such month of October) or, to the
extent that such data are not available to the Secretary
before January of the calendar year in which the Secretary's
determination is made, then on the basis of the most recent
reliable data available to the Secretary at the time of such
determination. The Secretary of Health and Human Services
shall collect and transmit the information required by this
subparagraph to the Secretary not later than January 1 of
each year.
``(C) When requested by the Secretary, the Secretary of
Commerce shall make a special updated estimate of the number
of children of such ages who are from families below the
poverty level (as determined under subparagraph (A) of this
paragraph) in each school district, and the Secretary is
authorized to pay (either in advance or by way of
reimbursement) the Secretary of Commerce the cost of making
this special estimate. The Secretary of Commerce shall give
consideration to any request of the chief executive of a
State for the collection of additional census information.
For purposes of this section, the Secretary shall consider
all children who are in correctional institutions to be
living in institutions for delinquent children.
``(d) State Minimum.--
``(1) The aggregate amount allotted for all local
educational agencies within a State may not be less than one-
quarter of 1 percent of the total amount available for such
fiscal year under this section.
``(2)(A) No State shall, by reason of the application of
the provisions of paragraph (1) of this subsection, be
allotted more than--
``(i) 150 percent of the amount that the State received in
the fiscal year preceding the fiscal year for which the
determination is made, or
``(ii) the amount calculated under subparagraph (B),
whichever is less.
``(B) For the purpose of subparagraph (A)(ii), the amount
for each State equals--
``(i) the number of children in such State counted under
subsection (c) in the fiscal year specified in subparagraph
(A), multiplied by
``(ii) 150 percent of the national average per pupil
payment made with funds available under this section for that
year.
``SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDUCATIONAL
AGENCIES.
``(a) Eligibility for and Amount of Grants.--
``(1)(A) Except as otherwise provided in this paragraph,
each local educational agency, in a State other than Guam,
American Samoa, the Virgin Islands, the Northern Mariana
Islands, and Palau, which is eligible for a grant under this
part for any fiscal year shall be entitled to an additional
grant under this section for that fiscal year if--0
``(i) the number of children counted under section 1124(c)
of this part in the local educational agency for the
preceding fiscal year exceeds 6,500, or
``(ii) the number of children counted under section 1124(c)
exceeds 15 percent of the total number of children aged five
to seventeen, inclusive, in the local educational agency in
that fiscal year.
``(B) Except as provided in subparagraph (C), no State
described in subparagraph (A) shall receive less than--
``(i) one-quarter of 1 percent of the sums appropriated
under paragraph (6) of this section for such fiscal year; or
``(ii) $250,000, whichever is higher.
``(C) No State shall, by reason of the application of the
provisions of subparagraph (B)(i) of this paragraph, be
allotted more than--
``(i) 150 percent of the amount that the State received in
the fiscal year preceding the fiscal year for which the
determination is made, or
``(ii) the amount calculated under subparagraph (D),
whichever is less.
``(D) For the purpose of subparagraph (C), the amount for
each State equals--
``(i) the number of children in such State counted for
purposes of this section in the fiscal year specified in
subparagraph (B), multiplied by
``(ii) 150 percent of the national average per pupil
payment made with funds available under this section for that
year.
``(2) For each local educational agency eligible to receive
an additional grant under this section for any fiscal year
the Secretary shall determine the product of--
``(A) the greater of--
``(i) the number of children in excess of 6,500 counted
under section 1124(c) for the preceding fiscal year, in a
local educational agency which qualifies on the basis of
subparagraph (A)(i) of paragraph (1); or
``(ii) the number of children counted under section 1124(c)
for the preceding fiscal year in a local educational agency
which qualifies on the basis of subparagraph (A)(ii) of
paragraph (1); and
``(B) the quotient resulting from the division of the
amount determined for those agencies under section 1124(a)(1)
for the fiscal year for which the determination is being made
divided by the total number of children counted under section
1124(c) for that agency for the preceding fiscal year.
``(3) The amount of the additional grant to which an
eligible local educational agency is entitled under this
section for any fiscal year shall be an amount which bears
the same ratio to the amount reserved under paragraph (6) for
that fiscal year as the product determined under paragraph
(2) for such local educational agency for that fiscal year
bears to the sum of such products for all local educational
agencies in the United States for that fiscal year.
``(4) For the purposes of this section, the Secretary shall
determine the number of children counted under section
1124(c) for any local educational agency, and the total
number of children aged five to seventeen, inclusive, in
local educational agencies, on the basis of the most recent
satisfactory data available at the time the payment for such
local educational agency is determined under section 1124.
``(5)(A) For each local educational agency serving an area
with a total population of at least 20,000 persons, the grant
under this section shall be the amount determined by the
Secretary. For local educational agencies serving areas with
total populations of fewer than 20,000 persons, the State
education agency may either (i) distribute to such local
educational agencies grants under this section equal to the
amounts determined by the Secretary; or (ii) use an
alternative method, approved by the Secretary, to distribute
the share of the State's total grants under this section that
is based on local educational agencies with total populations
of fewer than 20,000 persons. Such an alternative method of
distributing grants under this section among a State's local
educational agencies serving areas with total populations of
fewer than 20,000 persons shall be based upon population data
that the State education agency determines best reflects the
current distribution of children in poor families among the
State's local educational agencies serving areas with total
populations of fewer than 20,000 persons and meeting the
eligibility criteria of paragraph (1)(A). If a local
educational agency serving an area with total population of
less than 20,000 persons is dissatisfied with the
determination of its grant by the State education agency,
then it may appeal this determination to the Secretary. The
Secretary must respond to this appeal within 45 days of
receipt. The Secretary shall consult with the Secretary of
Commerce regarding whether available data on population for
local educational agencies serving areas with total
populations of fewer than 20,000 persons are sufficiently
reliable to be used to determine final grants to such areas
meeting the eligibility criteria of paragraph (1)(A).
``(B) If, and only if, there are portions of any of the
States for which the Department of Commerce has not prepared
data on the number of children, aged 5-17, from families
below the poverty level for local educational agencies, then
the Secretary shall use such data compiled for counties in
those portions of the States, treating the counties as if
they were local educational agencies. In such cases, subject
to section 1126, the grant for any local educational agency
in such an area of a State shall be determined on the basis
of the aggregate amount of such grants for all such agencies
in the county or counties in which the school district of the
particular agency is located, which aggregate amount shall be
equal to the aggregate amount determined under subparagraph
(A) for such county or counties, and shall be allocated
[[Page 405]]
among those agencies upon such equitable basis as may be
determined by the State educational agency in accordance with
the basic criteria prescribed by the Secretary.
``(b) Reservation of Funds.--Of the total amount of funds
available for sections 1124 and 1124A, 10 percent of the
amount appropriated for that fiscal year shall be available
to carry out this section.
``(c) Ratable Reduction Rule.--If the sums available under
subsection (b) for any fiscal year for making payments under
this section are not sufficient to pay in full the total
amounts which all States are entitled to receive under
subsection (a) for such fiscal year, the maximum amounts
which all States are entitled to receive under subsection (a)
for such fiscal year shall be ratably reduced. In case
additional funds become available for making such payments
for any fiscal year during which the preceding sentence is
applicable, such reduced amounts shall be increased on the
same basis as they were reduced.
``SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) Eligibility of Local Educational Agencies.--A local
educational agency in a State is eligible to receive a
targeted grant under this section for any fiscal year if the
number of children in the local educational agency under
subsection 1124(c), before application of the weighting
factor, is at least 10.
``(b) Grants for Local Educational Agencies, the District
of Columbia, and Puerto Rico.--(1) The amount of the grant
that a local educational agency in a State or that the
District of Columbia is eligible to receive under this
section for any fiscal year shall be the product of--
``(A) the number of children counted under subsection (c);
and
``(B) the amount in the second sentence of subparagraph
1124(a)(1)(A).
``(2) For each fiscal year, the amount of the grant for
which the Commonwealth of Puerto Rico is eligible under this
section shall be equal to the number of children counted
under subsection (c) for Puerto Rico, multiplied by the
amount determined in subparagraph 1124(a)(1)(C).
``(c) Children To Be Counted.--
``(1) Categories of children.--The number of children to be
counted for purposes of this section shall be the number
counted in subsection 1124(c) multiplied by the weighting
factor for the local educational agency. The weighting factor
shall be established on the basis of the percentage that the
number of children counted under section 1124(c) represents
of the total population aged 5-17 years in the local
educational agency or the number of such children. Weighted
pupil counts will be calculated based upon both percentage
and number and the larger of the two counts will be used in
calculating grants for each local educational agency.
Weighting factors shall be assigned according to the
following scale: if the percentage is greater than 0 but less
than 14.265, the weighting factor shall be 1.00 for all
children counted in section 1124(c); if the percentage is
greater than 14.265 but less than 21.553, the weighting
factor shall be 1.00 for a number of children counted in
section 1124(c) equal to 14.265 percent of the total school
age population and 1.50 for children counted under section
1124(c) in excess of 14.265 percent of the total school age
population; if the percentage is greater than 21.553 percent
but less than 29.223 percent, then the weighting factor shall
be 1.00 for a number of children counted in section 1124(c)
equal to 14.265 percent of the total school age population,
1.50 for a number of children counted under section 1124(c)
equal to 7.288 percent of the total school age population,
and 2.00 for children counted under section 1124(c) in excess
of 21.553 percent of the total school age population; if the
percentage is greater than 29.223 percent but less than
36.538 percent, then the weighting factor shall be 1.00 for a
number of children counted in section 1124(c) equal to 14.265
percent of the total school age population, 1.50 for a number
of children counted under section 1124(c) equal to 7.288
percent of the total school age population, 2.00 for a number
of children counted under section 1124(c) equal to 7.67
percent of the total school age population, and 2.50 for
children counted under section 1124(c) in excess of 29.223
percent of the total school age population; and if the
percentage is greater than 36.538, then the weighting factor
shall be 1.00 for a number of children counted in section
1124(c) equal to 14.265 percent of the total school age
population, 1.50 for a number of children counted under
section 1124(c) equal to 7.288 percent of the total school
age population, 2.00 for a number of children counted under
section 1124(c) equal to 7.67 percent of the total school age
population, 2.50 for a number of children counted in section
1124(c) equal to 7.315 percent of the total school age
population, and 3.00 for children counted in section 1124(c)
in excess of 36.538 percent of the total school age
population. Separately, if the number of children counted
under section 1124(c) is greater than 0 but less than 575,
the weighting factor shall be 1.00 for all children counted
in section 1124(c); if the number is greater than 575 but
less than 1,870, the weighting factor shall be 1.00 for a
number of children counted in section 1124(c) equal to 575,
and 1.50 for children counted under section 1124(c) in excess
of 575; if the number is greater than 1,870 but less than
6,910, then the weighting factor shall be 1.00 for a number
of children counted in section 1124(c) equal to 575, 1.50 for
a number of children counted under section 1124(c) equal to
1,295, and 2.00 for children counted under section 1124(c) in
excess of 1,870; if the number is greater than 6,910 but less
than 42,000 then the weighting factor shall be 1.00 for a
number of children counted in section 1124(c) equal to 575,
1.50 for a number of children counted under section 1124(c)
equal to 1,295, 2.00 for a number of children counted under
section 1124(c) equal to 5,040, and 2.50 for children counted
under section 1124(c) in excess of 6,910; and if the number
is greater than 42,000, then the weighting factor shall be
1.00 for a number of children counted in section 1124(c)
equal to 575, 1.50 for a number of children counted under
section 1124(c) equal to 1,295, 2.00 for a number of children
counted under section 1124(c) equal to 5,040, 2.50 for a
number of children counted in section 1124(c) equal to 35,090
and 3.00 for children counted in section 1124(c) in excess of
42,000. For the Commonwealth of Puerto Rico, the weighting
factor shall be no greater than 1.62.
``(d) Local Educational Agency Allocations.--For each local
educational agency serving an area with a total population of
at least 20,000 persons, the grant under this section shall
be the amount determined by the Secretary. For local
educational agencies serving areas with total populations of
fewer than 20,000 persons, the State education agency may
either (1) distribute to such local educational agencies
grants under this section equal to the amounts determined by
the Secretary; or (2) use an alternative method, approved by
the Secretary, to distribute the share of the State's total
grants under this section that is based on local educational
agencies with total populations of fewer than 20,000 persons.
Such an alternative method of distributing grants under this
section among a State's local educational agencies serving
areas with total populations of fewer than 20,000 persons
shall be based upon population data that the State education
agency determines best reflects the current distribution of
children in poor families among the State's local educational
agencies serving areas with total populations of fewer than
20,000 persons. If a local educational agency serving an area
with total populations of less than 20,000 persons is
dissatisfied with the determination of its grant by the State
education agency, then it may appeal this determination to
the Secretary. The Secretary must respond to this appeal
within 45 days of receipt. If, and only if, there are
portions of any of the States for which the Department of
Commerce has not prepared data on the number of children,
aged 5-17, from families below the poverty level for local
educational agencies, then the Secretary shall use such data
compiled for counties in those portions of the States,
treating the counties as if they were local educational
agencies. The Secretary shall consult with the Secretary of
Commerce regarding whether available data on population for
local educational agencies serving areas with total
populations of fewer than 20,000 persons are sufficiently
reliable to be used to determine final grants to such areas.
``(d) State Minimum.--Notwithstanding any other provision
of this section, from the total amount available for any
fiscal year to carry out this section, each State shall be
allotted at least the lesser of--
``(1) one quarter of one percent of such amount;
``(2) 150 percent of the national average grant under this
section per child described in section 1124(c), without
application of a weighting factor, multiplied by the State's
total number of children described in section 1124(c),
without application of a weighting factor.
``SEC. 1126. SPECIAL ALLOCATION PROCEDURES.
``(a) Allocations for Neglected or Delinquent Children.--
(1) If a State educational agency determines that a local
educational agency in the State is unable or unwilling to
provide for the special educational needs of children who are
living in institutions for neglected or delinquent children
as described in subparagraph 1124(c)(1)(C), the State
educational agency shall, if it assumes responsibility for
the special educational needs of such children, receive the
portion of such local educational agency's allocation under
sections 1124, 1124A, and 1125 that is attributable to such
children.
``(2) If the State educational agency does not assume such
responsibility, any other State or local public agency that
does assume such responsibility shall receive that portion of
the local educational agency's allocation.
``(b) Allocations Among Local Educational Agencies.--The
State educational agency may allocate the amounts of grants
under sections 1124, 1124A, and 1125 between and among the
affected local educational agencies when--
``(1) two or more local educational agencies serve, in
whole or in part, the same geographical area; or
``(2) a local educational agency provides free public
education for children who reside in the school district of
another local educational agency.
``(c) Reallocation.--If a State educational agency
determines that the amount of a grant a local educational
agency would receive under sections 1124, 1124A, and 1125 is
more than such local agency will use, the State educational
agency shall make the excess amount available to other local
educational agencies in the State that need additional funds
in accordance with criteria established by the State
educational agency.
``SEC. 1127. CARRYOVER AND WAIVER.
``(a) Limitation on Carryover.--Notwithstanding section 412
of the General Education Provisions Act or any other
provision
[[Page 406]]
of law, not more than 15 percent of the funds allocated to a
local educational agency for any fiscal year under this
subpart (but not including funds received through any
reallocation under this subpart) may remain available for
obligation by such agency for one additional fiscal year.
``(b) Waiver.--A State educational agency may, once every
three years, waive the percentage limitation in subsection
(a) if--
``(1) the agency determines that the request of a local
educational agency is reasonable and necessary; or
``(2) supplemental appropriations for this subpart become
available.
``(c) Exclusion.--The percentage limitation under
subsection (a) shall not apply to any local educational
agency that receives less than $50,000 under this subpart for
any fiscal year.
``Subpart 3--Presidential Awards Program
``SEC. 1131. PRESIDENTIAL AWARDS PROGRAM.
``(a) Development.--The Secretary shall, in consultation
with the chairpersons and ranking minority members of the
Committee on Education and Labor for the House of
Representatives and the Committee on Labor and Human
Resources of the Senate and educational leaders, develop a
Presidential awards program that will recognize and provide a
cash award to schools that excel in educating their students
to high levels as defined by the National Education Goals and
the standards certified by the National Education Standards
and Improvement Council established under the Goals 2000:
Educate America Act.
``(b) Nominations.--Schools recognized under this program
will be selected by the Secretary from a list of nominees.
Each State shall select a nominee to be submitted to the
Secretary from among schools designated as distinguished
schools under section 1119.
``(c) Selection.--The Secretary shall annually convene a
panel of experts who will review nominated schools and select
those who will receive awards. In addition to Presidential
recognition, selected schools will receive a cash award which
may be applied without restriction to enhance the educational
programs in that schools or to provide cash awards to
personnel in the school.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this subpart such
sums as may be necessary for each of fiscal years 1995, 1996,
1997, 1998, and 1999.
``PART B--EVEN START FAMILY LITERACY PROGRAMS
``SEC. 1201. STATEMENT OF PURPOSE.
``It is the purpose of this part to help break the cycle of
poverty and illiteracy by improving the educational
opportunities of the Nation's low-income families by
integrating early childhood education, adult literacy or
adult basic education, and parenting education into a unified
family literacy program, to be referred to as `Even Start',
that is implemented through cooperative projects that build
on existing community resources to create a new range of
services, that promotes achievement of the National Education
Goals, and that assists children and adults from low-income
families to achieve challenging State standards.
``SEC. 1202. PROGRAM AUTHORIZED.
``(a) Reservation for Migrant Programs, Outlying Areas,
Indian Tribes, and Other Purposes.--(1) In each fiscal year,
the Secretary shall reserve not less than 5 percent of the
amount appropriated under section 1002(b) of this title for
programs, under such terms and conditions as the Secretary
shall establish, that are consistent with the purpose of this
part, and according to their relative needs, for--
``(A) children of migratory workers;
``(B) the outlying areas;
``(C) Indian tribes and tribal organizations; and
``(2) If the amount of funds made available under
subsection (a) exceeds $4,600,000, the Secretary shall make a
grant of sufficient size and for a period of sufficient
duration to demonstrate the effectiveness of a family
literacy program in a prison that houses women and their
preschool age children and that has the capability of
developing a program of high quality.
``(b) Reservation for Federal Activities.--From amounts
appropriated under section 1002(b), the Secretary may reserve
not more than three percent of such amounts or the amount
reserved for such purposes in the fiscal year 1994, whichever
is greater, for purposes of--
``(1) carrying out the evaluation required by section 1209;
and
``(2) providing, through grants or contracts, technical
assistance, program improvement, and replication activities
through eligible organizations.
``(c) State Allocation.--(1) After reserving funds under
subsections (a) and (b), the Secretary shall allocate the
remaining funds appropriated for this part to States, to be
used in accordance with section 1203.
``(2) Except as provided in paragraph (3), from the total
amount available for allocation to States in any fiscal year,
each State shall be eligible to receive a grant under
paragraph (1) in an amount that bears the same ratio to such
total amount as the amount allocated to such State under
section 1122 of this title bears to the total amount
allocated under that section to all the States.
``(3) No State shall receive less than $250,000 under
paragraph (1) for any fiscal year.
``(d) Definitions.--For the purpose of this part--
``(1) the term `eligible entity' means a partnership
composed of both--
``(A) a local educational agency; and
``(B) a nonprofit community-based organization, public
agency, institution of higher education, or other public or
private nonprofit organization of demonstrated quality;
``(2) the terms `Indian tribe' and `tribal organization'
have the meanings given such terms in section 4 of the Indian
Self-Determination and Education Assistance Act;
``(3) the term `State' includes each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico;
and
``(4) the term `eligible organization' means any public or
private nonprofit organization with a record of providing
effective services to family literacy providers, such as the
National Center for Family Literacy, Parents as Teachers,
Inc., and the Home Instruction Program for Preschool
Youngsters.
``SEC. 1203. STATE PROGRAMS.
``(a) State-Level Activities.--Each State that receives a
grant under section 1202(c)(1) may use not more than 5
percent for--
``(1) administrative costs; and
``(2) the provision, through one or more subgrants or
contracts, of access to technical assistance for program
improvement and replication to eligible entities that receive
subgrants under subsection (b).
``(b) Subgrants for Local Programs.--(1) Each State shall
use the remainder of its grant to make subgrants to eligible
entities to carry out Even Start programs.
``(2) No State shall award a subgrant under paragraph (1)
for an amount less than $75,000.
``SEC. 1204. USES OF FUNDS.
``(a) In General.--In carrying out an Even Start program
under this part, a recipient of funds under this part shall
use such funds to pay the Federal share of the cost of
providing family-centered education programs that involve
parents and children, from birth through age 7, in a
cooperative effort to help parents become full partners in
the education of their children and to assist children in
reaching their full potential as learners.
``(b) Federal Share Limitation.--(1)(A) Except as provided
in paragraph (2), the Federal share under this part may not
exceed--
``(i) 90 percent of the total cost of the program in the
first year that that program receives assistance under this
part or its predecessor authority;
``(ii) 80 percent in the second such year;
``(iii) 70 percent in the third such year;
``(iv) 60 percent in the fourth such year; and
``(v) 50 percent in any subsequent such year.
``(B) The remaining cost of a program under this part may
be provided in cash or in kind, fairly evaluated, and may be
obtained from any source other than funds received under this
title.
``(2) The State educational agency may waive, in whole or
in part, the cost-sharing requirement of paragraph (1) if an
eligible entity--
``(A) demonstrates that it otherwise would not be able to
participate in the program under this part; and
``(B) negotiates an agreement with the State educational
agency with respect to the amount of the remaining cost to
which the waiver would be applicable.
``(3) Federal funds under this part may not be used for the
indirect costs of an Even Start program, except that the
Secretary may waive this limitation if a recipient of funds
reserved under section 1202(a)(3) demonstrates to the
Secretary's satisfaction that it otherwise would not be able
to participate in the program under this part.
``SEC. 1205. PROGRAM ELEMENTS.
``Each Even Start program assisted under this part shall--
``(1) include the identification and recruitment of
families most in need of services provided under this part,
as indicated by a low level of income, a low level of adult
literacy or English language proficiency of the eligible
parent or parents, and other need-related indicators;
``(2) include screening and preparation of parents and
children to enable them to participate fully in the
activities and services provided under this part, including
testing, referral to necessary counselling, other
developmental and support services, and related services;
``(3) be designed to accommodate the participants' work
schedule and other responsibilities, including the provision
of support services, when unavailable from other sources,
necessary for participation, such as--
``(A) scheduling and locating of services to allow joint
participation by parents and children;
``(B) child care for the period that parents are involved
in the program provided under this part; and
``(C) transportation for the purpose of enabling parents
and their children to participate in programs authorized by
this part;
``(4) include high-quality instructional programs that
promote adult literacy, empower parents to support the
educational growth of their children, developmentally
appropriate early childhood educational services, and
preparation of children for success in regular school
programs;
``(5) include special training of staff, including child
care staff, to develop the skills necessary to work with
parents and young children in the full range of instructional
services offered through this part;
[[Page 407]]
``(6) provide and monitor integrated instructional services
to participating parents and children through home-based
programs;
``(7) operate on a year-round basis, including the
provision of some program services, either instructional or
enrichment, or both, during the summer months;
``(8) be coordinated with--
``(A) programs assisted under other parts of this title and
this Act;
``(B) any relevant programs under the Adult Education Act,
the Individuals With Disabilities Education Act, and the Job
Training Partnership Act; and
``(C) the Head Start program, volunteer literacy programs,
and other relevant programs; and
``(9) provide for an independent evaluation of the program.
``SEC. 1206. ELIGIBLE PARTICIPANTS.
``(a) In General.--Except as provided in subsection (b),
eligible participants in an Even Start program are--
``(1) a parent or parents--
``(A) who are eligible for participation in an adult basic
education program under the Adult Education Act; or
``(B) who are within the State's compulsory school
attendance age range, so long as a local educational agency
provides (or ensures the availability of) the basic education
component required under this part; and
``(2) the child or children, from birth through age seven,
of any parent described in paragraph (1).
``(b) Eligibility for Certain Other Participants.--(1)
Family members other than those described in subsection (a)
may participate in program activities and services, when
deemed by the program to serve the purpose of this part.
``(2) Any family participating in a program under this part
that becomes ineligible for such participation as a result of
one or more members of the family becoming ineligible for
such participation may continue to participate in the program
until all members of the family become ineligible for
participation, which--
``(A) in the case of a family in which ineligibility was
due to the child or children of such family attaining the age
of eight, shall be in two years or when the parent or parents
become ineligible due to educational advancement, whichever
occurs first; and
``(B) in the case of a family in which ineligibility was
due to the educational advancement of the parent or parents
of such family, shall be when all children in the family
attain the age of eight.
``SEC. 1207. APPLICATIONS.
``(a) Submission.--To be eligible to receive a subgrant
under this part, an eligible entity shall submit an
application to the State educational agency in such form and
containing or accompanied by such information as the State
educational agency shall require.
``(b) Required Documentation.--Each application shall
include documentation, satisfactory to the State educational
agency, that the eligible entity has the qualified personnel
needed--
``(1) to develop, administer, and implement an Even Start
program under this part; and
``(2) to provide access to the special training necessary
to prepare staff for the program , which may be offered by an
eligible organization.
``(c) Plan.--Such application shall also include a plan of
operation for the program which shall include--
``(1) a description of the program goals;
``(2) a description of the activities and services that
will be provided under the program, including a description
of how the program will incorporate the program elements
required by section 1205;
``(3) a description of the population to be served and an
estimate of the number of participants;
``(4) as appropriate, a description of the applicant's
collaborative efforts with institutions of higher education,
community-based organizations, the State educational agency,
private elementary schools, or other eligible organizations
in carrying out the program for which assistance is sought;
``(5) a statement of the methods that will be used--
``(A) to ensure that the programs will serve families most
in need of the activities and services provided by this part;
``(B) to provide services under this part to individuals
with special needs, such as individuals with limited English
proficiency and individuals with disabilities; and
``(C) to encourage participants to remain in the program
for a time sufficient to meet the program's purpose; and
``(6) a description of how the plan--
``(A)(i) is consistent with and promotes the goals of the
State and local plans, either approved or being developed,
under title III of the Goals 2000: Educate America Act; and
``(ii) is consistent with the State and local plans under
sections 1111 and 1112; or
``(B) is consistent with the State and local plans under
sections 1111 and 1112 is the State does not have an approved
plan under title III of the Goals 2000: Educate America Act
and is not developing such a plan.
``(d) The plan described in subsection (c)(6) may be
submitted as part of a consolidated application under section
9302.
``SEC. 1208. AWARD OF SUBGRANTS.
``(a) Selection Process.--(1) The State educational agency
shall establish a review panel that will approve applications
that--
``(A) are most likely to be successful in meeting the
purpose of this part, and in effectively implementing the
program elements required under section 1205;
``(B) demonstrate that the area to be served by such
program has a high percentage or a large number of children
and families who are in need of such services as indicated by
high levels of poverty, illiteracy, unemployment, or limited
English proficiency;
``(C) provide services for at least a three-year age range,
which may begin at birth;
``(D) demonstrate the greatest possible cooperation and
coordination between a variety of relevant service providers
in all phases of the program;
``(E) include cost-effective budgets, given the scope of
the application;
``(F) demonstrate the applicant's ability to provide the
additional funding required by section 1204(b);
``(G) are representative of urban and rural regions of the
State; and
``(H) show the greatest promise for providing models that
may be adopted by other local educational agencies.
``(2) The State educational agency shall give priority for
subgrants under this subsection to proposals that either--
``(A) target services primarily to families described in
paragraph (1)(B); or
``(B) are located in areas designated as empowerment zones
or enterprise communities.
``(b) Review Panel.--A review panel shall consist of at
least three members, including one early childhood
professional, one adult education professional, and one or
more of the following individuals:
``(1) A representative of a parent-child education
organization.
``(2) A representative of a community-based literacy
organization.
``(3) A member of a local board of education.
``(4) A representative of business and industry with a
commitment to education.
``(5) An individual who has been involved in the
implementation of programs under this title in the State.
``(c) Duration.--(1) Subgrants may be awarded for a period
not to exceed four years.
``(2) The State educational agency may provide a
subgrantee, at the subgrantee's request, a 3- to 6-month
start-up period during the first year of the four-year
period, which may include staff recruitment and training, and
the coordination of services, before requiring full
implementation of the program.
``(3)(A) In reviewing any application for a subgrant to
continue a program for the second, third, or fourth year, the
State educational agency shall review the progress being made
toward meeting the objectives of the program after the
conclusion of the start-up period, if any.
``(B) The State educational agency may refuse to award a
subgrant if such agency finds that sufficient progress has
not been made toward meeting such objectives, but only after
affording the applicant notice and an opportunity for a
hearing.
``(4)(A) An eligible entity that has previously received a
subgrant under this part may reapply under the terms of this
part for a second project period.
``(B) During the second project period, the Federal share
of the subgrant shall not exceed 50 percent in any year.
``SEC. 1209. EVALUATION.
``From funds reserved under section 1202(b)(1), the
Secretary shall provide for an independent evaluation of
programs under this part--
``(1) to determine the performance and effectiveness of
programs; and
``(2) to identify effective Even Start projects that can be
replicated and used in providing technical assistance to
national, State, and local programs.
``PART C--EDUCATION OF MIGRATORY CHILDREN
``SEC. 1301. PROGRAM PURPOSE.
``It is the purpose of this part to assist States to--
``(1) support high-quality and comprehensive educational
programs for migratory children to help reduce the
educational disruptions and other problems that result from
repeated moves;
``(2) ensure that migratory children are provided with
appropriate educational services (including supportive
services) that address their special needs in a coordinated
and efficient manner;
``(3) ensure that migratory children have the opportunity
to meet the same challenging performance standards that all
children are expected to meet;
``(4) design programs to help migratory children overcome
educational disruption, cultural and language barriers,
social isolation, various health-related problems, and other
factors that inhibit their ability to do well in school, and
to prepare these children to make a successful transition to
postsecondary education or employment; and
``(5) ensure that migratory children benefit from State and
local systemic reforms.
``SEC. 1302. PROGRAM AUTHORIZED.
``In order to carry out the purpose of this part, the
Secretary shall make grants to State educational agencies, or
combinations of such agencies, to establish or improve,
directly or through local operating agencies, programs of
education for migratory children in accordance with this
part.
``SEC. 1303. STATE ALLOCATIONS.
``(a) State Allocations.--Each State (other than the
Commonwealth of Puerto Rico) is entitled to receive under
this part, for each fiscal year, an amount equal to--
``(1) the sum of the estimated number of migratory children
aged three through 21
[[Page 408]]
who reside in the State full time and the full-time
equivalent of the estimated number of migratory children aged
three through 21 who reside in the State part time, as
determined in accordance with subsection (e); multiplied by
``(2) 40 percent of the average per-pupil expenditure in
the State, except that the amount determined under this
paragraph shall not be less than 32 percent, or more than 48
percent, of the average expenditure per pupil in the United
States.
``(b) Allocation to Puerto Rico.--For each fiscal year, the
amount for which the Commonwealth of Puerto Rico is eligible
under this section shall be equal to--
``(1) the number of migratory children in Puerto Rico,
determined under subsection (a)(1); multiplied by
``(2) the product of--
``(A) the percentage that the average expenditure per pupil
in Puerto Rico is of the lowest average per-pupil expenditure
of any of the 50 States; and
``(B) 32 percent of the average expenditure per pupil in
the United States.
``(c) Ratable Reductions; Reallocations.--(1)(A) If, after
the Secretary reserves funds under section 1308(c), the
amount appropriated to carry out this part for any fiscal
year is insufficient to pay in full the amounts for which all
States are eligible, the Secretary shall ratably reduce each
such amount.
``(B) If additional funds become available for making such
payments for any fiscal year, the Secretary shall allocate
such funds to States in amounts that the Secretary finds
would best carry out the purpose of this part.
``(2)(A) The Secretary shall further reduce the amount of
any grant to a State under this part for any fiscal year if
the Secretary determines, based on available information on
the numbers and needs of migratory children in the State and
the program proposed by the State to address such needs, that
such amount exceeds the amount required under section 1304.
``(B) The Secretary shall reallocate such excess funds to
other States whose grants under this part would otherwise be
insufficient to provide an appropriate level of services to
migratory children, in such amounts as the Secretary
determines are appropriate.
``(d) Consortium Arrangements.--(1) In the case of a State
that receives a grant of $1,000,000 or less under this
section, the Secretary shall consult with the State
educational agency to determine whether consortium
arrangements with another State or other appropriate entity
would result in delivery of services in a more effective and
efficient manner.
``(2) A State, irrespective of the amount of its
allocation, may propose a consortium arrangement.
``(3) The Secretary shall approve a consortium arrangement
under paragraph (1) or (2) if the proposal demonstrates that
the arrangement will--
``(A) reduce administrative costs or program function costs
for State programs; and
``(B) make more funds available for direct services to add
substantially to the welfare or educational attainment of
children to be served under this part.
``(e) Determining Numbers of Eligible Children.--In order
to determine the estimated number of migratory children
residing in each State for purposes of this section, the
Secretary shall--
``(1) use such information as the Secretary finds most
accurately reflects the actual number of migratory children;
``(2) as soon as feasible develop and implement a procedure
for more accurately reflecting cost factors for different
types of summer program designs which will be used to adjust
the estimated number of children who reside in a State in
order to reflect the number of migratory children who are
served in summer programs (which may include intersession
programs) in the State and the additional costs of operating
such programs; and
``(3) conduct an analysis of the options for adjusting the
formula so as to better direct services to the child whose
education has been interrupted.
``SEC. 1304. STATE APPLICATIONS; SERVICES.
``(a) Application Required.--Any State wishing to receive a
grant under this part for any fiscal year shall submit an
application to the Secretary at such time and in such manner
as the Secretary may require.
``(b) Program Information.--Each such application shall
include--
``(1) a description of how, in planning, implementing, and
evaluating programs and projects under this part, the State
and its operating agencies will ensure that the special
educational needs of migratory children are identified and
addressed through a comprehensive plan for needs assessment
and service delivery that meets the requirements of section
1306, including, when feasible, recording the migratory
status of such children and their average daily attendance on
State student collection data;
``(2) a description of the steps the State is taking to
provide migratory students with the opportunity to meet the
same challenging performance standards that all children are
expected to meet;
``(3) a description of how the State will use its funds to
promote interstate and intrastate coordination of services
for migratory children, including how, consistent with
procedures the Secretary may require, it will provide for
educational continuity through the timely transfer of
pertinent school records, including information on health,
when children move from one school to another, whether or not
during the regular school year;
``(4) a description of the State's priorities for the use
of funds received under this part, and how they relate to the
State's assessment of needs for services in the State;
``(5) a description of how the State will determine the
amount of any subgrants it will award to local operating
agencies, taking into account the requirements of paragraph
(1); and
``(6) such budgetary and other information as the Secretary
may require.
``(c) Assurances.--Each such application shall also include
assurances, satisfactory to the Secretary, that--
``(1) funds received under this part will be used only--
``(A) for programs and projects, including the acquisition
of equipment, in accordance with section 1306(b)(1); and
``(B) to coordinate such programs and projects with similar
programs and projects within the State and in other States,
as well as with other Federal programs that can benefit
migratory children and their families;
``(2) such programs and projects will be carried out in a
manner consistent with the objectives of sections 1114,
1115(b) and (d), 1120, and 1121(b) and (c), and part F of
this title;
``(3) in the planning and operation of programs and
projects at both the State and local operating agency level,
there is appropriate consultation with parent advisory
councils for programs lasting a school year, and that all
such programs and projects are carried out, to the extent
feasible, in a manner consistent with section 1118 of this
title;
``(4) in planning and carrying out such programs and
projects, there has been, and will be, adequate provision for
addressing the unmet education needs of preschool migratory
children;
``(5) the effectiveness of such programs and projects will
be determined, where feasible, using the same approaches and
standards that will be used to assess the performance of
students, schools, and local educational agencies under part
A of this title; and
``(6) the State will assist the Secretary in determining
the number of migratory children under section 1303(e),
through such procedures as the Secretary may require.
``(d) Priority for Services.--In providing services with
funds received under this part, each recipient of such funds
shall give priority to migratory children who are failing, or
most at risk of failing, to meet the State's challenging
performance standards, and whose education has been
interrupted during the regular school year.
``(e) Continuation of Services.--Notwithstanding any other
provision of this part--
``(1) a child who ceases to be a migratory child during a
school term shall be eligible for services until the end of
such term;
``(2) a child who is no longer a migratory child may
continue to receive services for one additional school year,
but only if comparable services are not available through
other programs; and
``(3) secondary school students who were eligible for
services in secondary school may continue to be served
through credit accrual programs until graduation.
``SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW.
``(a) Secretarial Approval.--The Secretary shall approve
each State application that meets the requirements of this
part.
``(b) Peer Review.--The Secretary may review any such
application with the assistance and advice of State officials
and other individuals with relevant expertise.
``SEC. 1306. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-
DELIVERY PLAN; AUTHORIZED ACTIVITIES.
``(a) Comprehensive Plan.--Each State that receives a grant
under this part shall ensure that the State and its local
operating agencies identify and address the special
educational needs of migratory children in accordance with a
comprehensive State plan that--
``(1)(A) is integrated with the State's plan, either
approved or being developed, under title III of the Goals
2000: Educate America Act and satisfies the requirements of
this section that are not already addressed by such State
plan; and
``(B) is integrated with other State plans, if any, under
the School-To-Work Opportunities Act of 1993 and the Carl D.
Perkins Vocational and Applied Technology Act to the extent
that such plans have not already been incorporated in the
State's plan under title III of the Goals 2000: Educate
America Act;
``(2) if the State does not have an approved plan under
title III of the Goals 2000: Educate America Act and is not
developing such a plan--
``(A) is integrated with other State plans, such as those
under the School-To-Work Opportunities Act of 1993 and the
Carl D. Perkins Vocational and Applied Technology Act, where
such plans exist; and
``(B) satisfies the requirements of this section;
``(3) may be submitted as a part of a consolidated
application under section 9302;
``(4) provides that migratory children will have an
opportunity to meet the same challenging performance
standards, set out in those plans, that all children are
expected to meet;
``(5) specifies measurable program goals and outcomes;
``(6) encompasses the full range of services that are
available for migratory children
[[Page 409]]
from appropriate local, State and Federal educational
programs;
``(7) is the product of joint planning among such local,
State, and Federal programs, including those under part A of
this title, early childhood programs, and bilingual education
programs under title VII of this Act;
``(8) provides for the integration of services available
under this part with services provided by such other
programs; and
``(9) to the extent feasible, provides for--
``(A) advocacy and outreach activities for migratory
children and their families, including informing them of, or
helping them gain access to, other education, health,
nutrition, and social services;
``(B) professional development programs, including
mentoring, for teachers and other program personnel;
``(C) parent involvement programs (as defined under section
1117) and, when feasible, the establishment of instructional
programs such as use of the model developed under the Even
Start Family Literacy Programs that promote adult literacy
and train parents to support the educational growth of their
children;
``(D) the integration of communication and information
technology into educational and related programs; and
``(E) programs to facilitate the transition of high school
students to postsecondary education or employment.
A State may satisfy all or part of the requirements of this
section by referencing applicable sections of its approved
plan under title III of the Goals 2000: Educate America Act.
``(b) Authorized Activities.--(1) In implementing the
comprehensive plan described in subsection (a), each local
operating agency shall have the flexibility to determine the
activities to be provided with funds made available under
this part, provided that--
``(A) before funds provided under this part are used to
provide services described in subparagraph (B), those funds
shall be used to meet the identified needs of migratory
children that--
``(i) result from the effects of their migratory lifestyle,
or are needed to permit migratory children to participate
effectively in school; and
``(ii) are not addressed by services provided under other
programs, including part A of this title; and
``(B) all migratory children who are eligible to receive
services under part A of this title shall receive such
services with funds provided under this part or under part A
of this title.
``(2) This subsection shall not apply to funds under this
part that are used for schoolwide programs under section 1114
of this title.
``SEC. 1307. BYPASS.
``The Secretary may use all or part of any State's
allocation under this part to make arrangements with any
public or private nonprofit agency to carry out the purpose
of this part in such State if the Secretary determines that--
``(1) the State is unable or unwilling to conduct
educational programs for migratory children;
``(2) such arrangements would result in more efficient and
economic administration of such programs; or
``(3) such arrangements would add substantially to the
welfare or educational attainment of such children.
``SEC. 1308. COORDINATION OF MIGRANT EDUCATION ACTIVITIES.
``(a) Improvement of Coordination.--The Secretary, in
consultation with the States, may make grants to, or enter
into contracts with, State educational agencies, local
educational agencies, institutions of higher education, and
other public and private nonprofit entities to improve the
interstate and intrastate coordination among State and local
educational agencies of their educational programs, including
the establishment or improvement of programs for credit
accrual and exchange, available to migratory students. Grants
under this subpart may be made for up to 5 years.
``(b) Assistance and Reporting.--(1) Within 60 days of
enactment, the Secretary shall convene a panel of Chief State
School Officers and technical experts to assess alternative
methods by which student records may be transferred from one
school to another. Within 150 days of having been convened,
the panel shall make recommendations to the Secretary on how
schools may adopt the most cost-effective means of exchanging
of school records. The Secretary shall also develop the most
cost-effective and accurate method of determining the number
of students or full-time equivalent students in each State on
a yearly basis. The Secretary shall report to the Committee
on Education and Labor of the House of Representatives and
the Committee on Labor and Human Resources of the Senate the
panel's findings and the Secretary's recommendations.
``(2) The Secretary may contract for services for purposes
of this section.
``(c) Availability of Funds.--For the purpose of carrying
out this section, the Secretary shall reserve up to
$6,000,000 from the amount appropriated under section 1002(3)
for each fiscal year to carry out this part.
``(d) Competitive Grants.--From the amounts made available
for this section, the Secretary shall reserve not more than
$1,500,000 to award, on a competitive basis, grants in the
amount of up to $100,000 each to State educational agencies
with consortium agreements described under section 1303(d).
Not less than 10 of such grants shall be awarded to States
which receive allocations of less than $1,000,000 if such
States have approved agreements.
``SEC. 1309. DISTANCE LEARNING.
``(a) Program.--The Secretary may establish a distance
learning program to provide, through competitive grants,
continuity in the education of migrant children using
technology, interactive learning, computers, and automated
technology links achieved with modems and telephone networks.
``(b) Funds.--Not more than $3,000,000 may be used to
establish the program under subsection (a).
``SEC. 1310. DEFINITIONS.
``As used in this part, the following terms have the
following meanings:
``(1) The term `local operating agency' means--
``(A) a local educational agency to which a State
educational agency makes a subgrant under this part;
``(B) a public or nonprofit private agency with which a
State educational agency or the Secretary makes an
arrangement to carry out a project under this part; or
``(C) a State educational agency, if the State educational
agency operates the State's migrant education program or
projects directly.
``(2) The term `migratory child' means--
``(A) for fiscal year 1996 and subsequent years, a child
who is, or whose parent or spouse is, a migratory
agricultural worker (including a migratory dairy worker) or a
migratory fisher, and who, in the preceding 24 months, in
order to obtain, or accompany such parent or spouse in order
to obtain, temporary or seasonal employment in agricultural
or fishing work--
``(i) has moved from one local educational agency to
another; or
``(ii) in a State that is comprised of a single local
educational agency, has moved from one administrative area to
another within such agency; or
``(B) for fiscal year 1995 only, a child fulfilling the
requirements of subparagraph (A) for a period of 36 months
instead of for 24 months; and
``PART D--PREVENTION AND INTERVENTION SERVICES FOR DELINQUENT YOUTH AND
YOUTH AT RISK OF DROPPING OUT
``SEC. 1401. FINDINGS; PURPOSE; PROGRAM AUTHORIZED.
``(a) Findings.--Congress finds the following:
``(1) A large percentage of youth in the juvenile justice
system have poor academic achievement, are a year or more
behind grade level, and have dropped out of school.
``(2) There is a strong correlation between academic
failure and involvement in delinquent activities.
``(3) Preventing students from dropping out of local
schools and addressing the educational needs of delinquent
youth can help reduce the dropout rate and involvement in
delinquent activities at the same time.
``(4) Many schools and correctional facilities fail to
communicate regarding a youth's academic needs and students
often return to their home school ill-prepared to meet
current curriculum requirements.
``(5) Schools are often reluctant to deal with youth
returning from facilities and receive no funds to deal with
the unique educational and other needs of such youth.
``(6) A continuing need exists for activities and programs
to reduce the incidence of youth dropping out of school.
``(7) Federal dropout prevention programs have demonstrated
effectiveness in keeping children and youth in school.
``(8) Pregnant and parenting teens are a high at-risk group
for dropping out of school and should be targeted by dropout
prevention programs.
``(9) Such youth need a strong dropout prevention program
which provides them with high level skills and which provides
supports to youth returning from correctional facilities in
order to keep them in school.
``(b) Purpose.--It is the purpose of this part--
``(1) to improve educational services to children in local
and State institutions for delinquent children so that they
have the opportunity to meet the same challenging State
performance standards that all children in the State will be
expected to meet;
``(2) to provide such children the services they need to
make a successful transition from institutionalization to
further schooling or employment; and
``(3) to prevent at-risk youth from dropping out of school
and to provide dropouts and youth returning from institutions
with a support system to ensure their continued education.
``(c) Program Authorized.--In order to carry out the
purpose of this part, the Secretary shall make grants to
State educational agencies, which shall make subgrants to
State agencies and local educational agencies to establish or
improve programs of education for delinquent children and
youth at risk of dropping out of school before graduation.
``SEC. 1402. PAYMENTS FOR PROGRAMS UNDER THIS PART.
``(a) Agency Subgrants.--Based on the allocation amount
computed under section 1403, the Secretary shall allocate to
each State educational agency amounts necessary to make
subgrants to State agencies.
``(b) Local Subgrants.--Each State shall retain, for
purposes of subpart 2, funds generated throughout the State
under part A based on youth residing in local correctional
facilities, or attending community day programs for
delinquent children.
[[Page 410]]
``(c) Use of Remaining Funds.--Each State shall use any
funds remaining after allocations are made under subsection
(a).
``Subpart 1--State Agency Programs
``SEC. 1403. AMOUNT OF ALLOCATION TO STATE.
``(a) State Allocation.--Each State educational agency is
eligible to receive under this part, for each fiscal year, an
amount equal to the product of--
``(1) the number of delinquent children in State
correctional facilities serving youth under the age of 21 who
are enrolled for at least 20 hours per week in education
programs operated or supported by facilities serving youth,
and 10 hours a week in adult facilities serving youth.
``(2) 40 percent of the average per-pupil expenditure in
the State, except that the amount determined under this
paragraph shall not be less than 32 percent or more than 48
percent of the average per-pupil expenditure in the United
States.
``(b) Subgrants to State Agencies in Puerto Rico.--For each
fiscal year, the amount of the grant for which a State agency
in the Commonwealth of Puerto Rico is eligible under this
part shall be equal to--
``(1) the number of children counted under subsection
(a)(1) for Puerto Rico; multiplied by the product of--
``(A) the percentage that the average per-pupil expenditure
in Puerto Rico is of the lowest average per-pupil expenditure
of any of the 50 States; and
``(B) 32 percent of the average per-pupil expenditure in
the United States.
``SEC. 1404. STATE PLAN.
``(a) State Plan.--(1)(A) Each State educational agency
that desires to receive payments under this part shall
submit, for approval by the Secretary, a plan, which shall be
revised and updated as needed, for meeting the needs of
delinquent youth and children at risk of dropping out that--
``(i) is integrated with the State's plan, either approved
or being developed, under title III of the Goals 2000:
Educate America Act, and satisfies the requirements of this
section that are not already addressed by such State plan; or
``(ii) if the State does not have an approved plan under
title III of the Goals 2000: Educate America Act or is not
developing such a plan, is integrated with other State plans
under this Act and satisfies the requirements of this
section.
``(B) A State plan submitted under paragraph (1)(A)(i) may,
if necessary, be submitted as an amendment to the State's
plan under title III of the Goals 2000: Educate America Act.
``(2) Each such plan shall also--
``(A) describe the State-established program goals,
objectives, and performance measures that will be used to
assess the effectiveness of the program in improving academic
and vocational skills of children in the program;
``(B) provide that, to the extent feasible, such children
will have the same opportunities to learn as they would have
if they were in schools of local educational agencies in the
State;
``(C) describe the manner in which such State educational
agency will make subgrants; and
``(D) contain assurances that the State educational agency
will--
``(i) ensure that programs assisted under this part will be
carried out in accordance with the State plan described in
this subsection;
``(ii) carry out the evaluation requirements of section
1408;
``(iii) ensure that its State agencies comply with all
applicable statutory and regulatory requirements; and
``(iv) provide such other information as the Secretary may
reasonably require.
``(b) Secretarial Approval; Peer Review.--(1) The Secretary
shall approve each State plan that meets the requirements of
this part.
``(2) The Secretary may review any such plan with the
assistance and advice of individuals with relevant expertise.
``(c) Subgrants to State Agencies.--A State agency is
eligible for assistance under this part if it is responsible
for providing free public education for children in
institutions for delinquent children.
``(d) State Agency Applications.--A State agency that
desires to receive funds to carry out a program under this
part shall submit an application to the State educational
agency that--
``(1) describes the procedures to be used, consistent with
the State plan under part A of this title, to assess the
educational needs of the children to be served;
``(2) provides assurances that in making services available
to youth in adult correctional facilities, priority will be
given to such youth who are likely to complete incarceration
within a 2-year period;
``(3) describes the program, including a budget for the
first year of the program, with annual updates to be
provided;
``(4) describes how the program will meet the goals and
objectives of the State plan under this part;
``(5) describes how the State agency will consult with
experts and provide the necessary training for appropriate
staff, to ensure that the planning and operation of
institution-wide projects under section 1406 are of high
quality;
``(6) describes how the agency will carry out the
evaluation requirements of section 1408 and how the results
of the most recent evaluation are used to plan and improve
the program;
``(7) includes data showing that the agency has maintained
fiscal effort required of a local educational agency, in
accordance with section 9501 of this title;
``(8) describes how the programs will be coordinated with
other appropriate State and Federal programs, including the
Job Training Partnership Act, vocational education, State and
local dropout prevention programs, and special education;
``(9) describes how appropriate professional development
will be provided to teachers and other instructional and
administrative personnel;
``(10) designates an individual in each affected
institution to be responsible for issues relating to the
transition of children from an institution to locally
operated programs;
``(11) describes how the agency will, endeavor to
coordinate with businesses for training and mentoring for
participating youth;
``(12) describes how the agency will assist in locating
alternative programs through which students can continue
their education if they are not returning to school after
leaving the correctional facility;
``(13) describes how the agency will work with parents to
secure their assistance in improving the educational
achievement of their children and preventing their further
involvement in delinquent activities;
``(14) describes how the agency works with special
education youth in order to meet an existing individualized
education program and an assurance that the agency will
notify the youth's local school if such youth is identified
as in need of special education services while the youth is
in the facility and if the youth intends to return to the
local school;
``(15) describes how the agency will work with youth who
dropped out of school before entering the facility to
encourage such youth to reenter school once their term has
been completed or provide the youth with the skills necessary
to gain employment, continue their education, or achieve a
high school equivalency certificate if the youth does not
intend to return to school;
``(16) provides assurances that teachers and other
qualified staff are also trained to work with children with
disabilities and other students with special needs taking
into consideration the unique needs of such students;
``(17) describes any additional services provided to youth,
including career counseling, assistance in securing student
loans, grants; and
``(18) describes how this program will be coordinated with
any programs operated under the Juvenile Justice and
Delinquency Act, if applicable.
``SEC. 1405. USE OF FUNDS.
``(a) General.--(1) A State agency shall use funds received
under this part only for programs and projects that--
``(A) are consistent with the State plan referred to in
section 1404(a); and
``(B) concentrate on providing participants with the
knowledge and skills needed to make a successful transition
to high school completion, further education, or employment.
``(2) Such programs and projects--
``(A) may include the acquisition of equipment;
``(B) shall be designed to support educational services
that--
``(i) except for institution-wide projects under section
1406, are provided to children identified by the State agency
as failing, or most at risk of failing, to meet the State's
challenging performance standards;
``(ii) supplement and improve the quality of the
educational services provided to such children by the State
agency; and
``(iii) afford such children an opportunity to learn to
such challenging State standards;
``(C) shall be carried out in a manner consistent with
section 1119(b) and part F of this title; and
``(D) may include the costs of meeting the evaluation
requirements of section 1408.
``(b) Supplement, Not Supplant.--A program under this part
that supplements the number of hours of instruction students
receive from State and local sources shall be considered to
comply with the `supplement, not supplant' requirement of
section 1119(b) of this title without regard to the subject
areas in which instruction is given during those hours.
``SEC. 1406. INSTITUTION-WIDE PROJECTS.
``A State agency that provides free public education for
children in an institution for delinquent children may use
funds received under this part to serve all children in, and
upgrade the entire educational effort of, such institution or
program if the State agency has developed, and the State
educational agency has approved, a comprehensive plan for
such institution or program that--
``(1) provides for a comprehensive assessment of the
educational needs of all youth in the institution or program
serving juveniles;
``(2) provides for a comprehensive assessment of the
educational needs of youth aged 20 and younger in adult
facilities who are expected to complete incarceration within
a 2-year period;
``(3) describes the steps the State agency has taken, or
will take, to provide all children under 21 with the
opportunity to meet challenging academic and vocational
standards in order to improve the likelihood that the
students will complete high school, attain high school
equivalency, or find employment after leaving the
institution;
``(4) describes the instructional program, pupil services,
and procedures that will be used to meet the needs described
in paragraph (1), including, to the extent feasible, the
provision of mentors for secondary school students;
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``(5) specifically describes how such funds will be used;
``(6) describes the measures and procedures that will be
used to assess student progress;
``(7) describes how the agency has planned, and will
implement and evaluate, the institution-wide or program-wide
project in consultation with personnel providing direct
instructional services and support services in institutions
for delinquent children and personnel from the State
educational agency; and
``(8) includes an assurance that the State agency has
provided for appropriate training to teachers and other
instructional and administrative personnel to enable them to
carry out the project effectively.
``SEC. 1407. THREE-YEAR PROJECTS.
``If a State agency operates a program under this part in
which individual children are likely to participate for more
than one year, the State educational agency may approve the
State agency's application for a subgrant under this part for
a period not to exceed 3 years.
``SEC. 1408. TRANSITION SERVICES.
``(a) Transition Services.--Each State agency shall reserve
not more than 10 percent of the amount it receives under this
part for any fiscal year to support projects that facilitate
the transition of children from State-operated institutions
to local educational agencies.
``(b) Conduct of Projects.--A project supported under this
section may be conducted directly by the State agency, or
through a contract or other arrangement with one or more
local educational agencies, other public agencies, or private
nonprofit organizations.
``(c) Limitation.--Any funds reserved under subsection (a)
shall be used only to provide transitional educational
services, which may include counseling and mentoring, to
delinquent children in schools other than State-operated
institutions.
``Subpart 2--Local Agency Programs
``SEC. 1410. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.
``(a) Local Subgrants.--With funds retained under section
1402(2), the State educational agency shall make subgrants to
local educational agencies with--
``(1) a high number or percentage of youth who are residing
in local (including county) correctional facilities for youth
(including those involved in day programs); and
``(2) which have the highest numbers or percentage of youth
in the State which have dropped out of school in the
preceding fiscal year.
``(b) Notification.--A State educational agency shall
notify local educational agencies which meet the criteria of
subsection (a) of their eligibility for participation in the
program.
``(c) Purpose of Local Educational Agency Programs.--The
purpose of this section is the operation of local educational
agency programs which involve collaboration between local
educational agencies and local correctional facilities
serving such youth to--
``(1) continue transition activities for youth returning
from such facilities;
``(2) to operate dropout prevention programs in local
schools for youth at risk of dropping out and youth returning
from correctional facilities; and
``(3) to prepare youth who have finished their period of
incarceration for employment, high school completion, and
further education.
``(d) Local Educational Agency Applications.--(1) Eligible
local educational agencies which choose to take part in
programs funded under this section shall submit an
application to the State educational agency, containing such
information on programs to be operated under this section as
the State educational agency may require, and which shall
include--
``(1) a description of formal agreements between the local
educational agency and correctional facilities and
alternative school programs serving youth involved with the
juvenile justice system to operate programs for delinquent
youth;
``(2) a description of how participating schools will
coordinate with facilities working with delinquent youth to
ensure that such youth are participating in an education
program comparable to one operating in the local school such
youth would attend;
``(3) a description of the dropout prevention program
operated by participating schools and the types of services
such schools will provide to at risk youth in participating
schools and youth returning from correctional facilities;
``(4) a description of the youth expected to be served by
the dropout prevention program and how the school will be
coordinating existing educational programs to meet unique
education needs;
``(5) a description of how schools will coordinate with
existing social and health services to meet the needs of
students at risk of dropping out of school and other
participating students, including prenatal health care and
nutrition services related to the health of the parent and
child, parenting and child development classes, child care,
targeted re-entry and outreach programs, referrals to
community resources, and scheduling flexibility;
``(6) a description of any partnerships with local
businesses to develop training and mentoring services for
participating students;
``(7) a description of how the program will involve parents
in efforts to improve the education achievement of their
children, assist in dropout prevention activities, and
prevent the involvement of their children in delinquent
activities;
``(8) a description of how this program will be coordinated
with other Federal, State, and local programs, including the
Job Training and Partnership Act and vocational education
programs serving this at risk population of youth;
``(9) a description of how the program will be coordinated
with programs operated under the Juvenile Justice and
Delinquency Prevention Act, if applicable;
``(10) a description of how schools will work with
probation officers to assist in meeting the needs of youth
returning from correctional facilities;
``(11) a description of efforts participating schools will
make to ensure correctional facilities working with youth are
aware of a child's existing individualized education program;
and
``(12) a description of the steps participating schools
will take to find alternative placements for youth interested
in continuing their education but unable to participate in a
regular public school program.
``(e) Uses of Funds.--Funds provided to local educational
agencies under this section may be used for--
``(1) dropout prevention programs which serve youth at
educational risk, including pregnant and parent teens, youth
who have come in contact with the juvenile justice system,
youth at least one year behind their expected grade level,
migrants, immigrants, students with limited-English
proficiency and gang members;
``(2) the coordination of health and social services for
such youth if there is a likelihood that the provision of
such services including day care and drug and alcohol
counseling, will improve the likelihood such students will
complete their education; and
``(3) programs to meet the unique education needs of youth
at risk of dropping out, which may include vocational
education, special education, career counseling, and
assistance in securing student loans or grants.
``(f) Program Requirements for Correctional Facilities
Receiving Funds Under This Section.--Each facility entering
into a partnership with a local educational agency to provide
services to youth under this section shall--
``(1) ensure educational programs in juvenile facilities
are coordinated with the student's home school, particularly
with respect to special education students with an
individualized education program;
``(2) notify the local school of a youth if the youth is
identified as in need of special education servicers while in
the facility;
``(3) provide transition assistance to help the youth stay
in school, including coordination of services for the family,
counseling, assistance in accessing drug and alcohol abuse
prevention programs, tutoring, and family counseling;
``(4) provide support programs which encourage the youth
who have dropped out to reenter school once their term has
been completed or provide such youth with the skills
necessary for them to gain employment or seek a high school
equivalency certificate;
``(5) work to ensure facilities are staffed with teachers
and other qualified staff who are also trained to work with
children with disabilities and other special needs students
taking into consideration such unique needs;
``(6) ensure educational programs in correctional
facilities are related to assisting students meet high
educational standards;
``(7) use, to the extent possible, technology to assist
coordinating educational programs between the juvenile
facility and community school;
``(8) involve parents in efforts to improve the educational
achievement of their children and prevent the further
involvement of such children in delinquent activities;
``(9) coordinate funds received under this program with
other available State, local, and Federal funds to provide
services to participating youth, including the Job Training
Partnership Act, and vocational education;
``(10) coordinate programs operated under this section with
activities funded under the Juvenile Justice and Delinquency
Prevention Act, if applicable; and
``(11) if appropriate, work with local businesses to
develop training and mentoring programs for participating
youth.
``(g) Accountability.--The State educational agency may--
``(1) reduce or terminate funding for projects funded under
this section in local educational agencies if such agencies
do not show progress in reducing dropout rates for male
students and for female students over a 3-year period; and
``(2) require juvenile facilities to demonstrate, after 3
years, that there has been an increase in the number of youth
returning to school, obtaining high school equivalency
certificates, or obtaining employment after such youth are
released.
``SEC. 1411. PROGRAM EVALUATIONS.
``(a) Scope of Evaluation.--Each State agency or local
educational agency that conducts a program under subpart 1 or
2 shall evaluate the program, disaggregating data on
participation by sex, and if feasible, by race, ethnicity,
and age, not less than once every 3 years to determine its
impact on the ability of participants to--
``(1) maintain and improve educational achievement;
``(2) accrue school credits that meet State requirements
for grade promotion and high school graduation;
[[Page 412]]
``(3) for delinquent youth, make the transition to a
regular program or other education program operated by a
local educational agency; and
``(4) complete high school (or high school equivalency
requirements) and obtain employment after leaving the
institution.
``(b) Evaluation Measures.--In conducting each such
evaluation with respect to subsection (a)(1), a State agency
or local educational agency shall use multiple and
appropriate measures of student progress.
``(c) Evaluation Results.--Each State agency and local
educational agency shall --
``(1) submit evaluation results to the State educational
agency; and
``(2) use the results of evaluations under this section to
plan and improve subsequent programs for participating
children.
``SEC. 1412. DEFINITIONS.
``For the purpose of this part, the following terms have
the following meanings:
``(1) The term `adult correctional institution' means a
facility in which persons are confined as a result of a
conviction for a criminal offense, including persons under 21
years of age.
``(2) The term `at risk youth' means school aged youth who
are at risk of academic failure, have drug or alcohol
problems, are pregnant or are parents, have come into contact
with the juvenile justice system in the past, are at least
one year behind the expected grade level for such age, have
limited-English proficiency, are gang members, have dropped
out in the past, or have high absenteeism rates.
``(3) The term `community-day program' means a regular
program of instruction provided by a State agency at a
community-day school operated specifically for delinquent
children.
``(4) The term `institution for delinquent children' means
a public or private residential facility for the care of
children who have been adjudicated to be delinquent or in
need of supervision.
``PART E--FEDERAL EVALUATIONS, DEMONSTRATIONS, AND TRANSITION PROJECTS
``SEC. 1501. EVALUATIONS.
``(a) National Assessment.--(1) The Secretary shall conduct
a national assessment of programs under this title, in
coordination with the ongoing Chapter 1 Longitudinal Study
under subsection (b) of this section, that shall be planned,
reviewed, and conducted in consultation with an independent
panel of researchers, State practitioners, local
practitioners, and other appropriate individuals.
``(2) The assessment shall examine how well schools, local
educational agencies, and States--
``(A) are progressing toward the goal of all children
served under this title reaching the State's content and
performance standards; and
``(B) are accomplishing the specific purposes set out in
section 1001(d) of this title to achieve this goal,
including--
``(i) ensuring high standards for all children and aligning
the efforts of States, local educational agencies, and
schools to help children reach them;
``(ii) providing children an enriched and accelerated
educational program through schoolwide programs or through
additional services that increase the amount and quality of
instructional time that children receive;
``(iii) promoting schoolwide reform and access of all
children to effective instructional strategies and
challenging academic content;
``(iv) significantly upgrading the quality of the
curriculum and instruction by providing staff in
participating schools with substantial opportunities for
professional development;
``(v) coordinating services under all parts of this title
with each other, with other educational services, including
preschool services, and, to the extent feasible, with health
and social service programs funded from other sources;
``(vi) affording parents meaningful opportunities to
participate in the education of their children at home and at
school, including the provisions of family literacy services;
``(vii) distributing resources to areas where needs are
greatest;
``(viii) improving accountability, as well as teaching and
learning, by making assessments under this title congruent
with State assessment systems; and
``(ix) providing greater decisionmaking authority and
flexibility to schools in exchange for greater responsibility
for student performance.
``(3) Where feasible, the Secretary shall use information
gathered from a variety of sources, including the National
Assessment of Educational Progress, State evaluations, and
available research studies in carrying out this subsection.
``(4) The Secretary shall submit a biennial report
summarizing the cumulative findings to date of the assessment
to the President and the appropriate committees of the
Congress.
``(b) Studies and Data Collection.--The Secretary may
collect such data, as necessary, at the State, local, and
school levels and conduct studies and evaluations, including
national studies and evaluations, to assess on an ongoing
basis the effectiveness of programs under this title and to
report on such effectiveness on a periodic basis.
``(c) National Evaluation of Title I.--The Secretary shall
carry out an ongoing evaluation of the program under part A
of this title in order to provide the public, Congress, and
educators involved in such program, an accurate description
of the effectiveness of such program and provide information
that can be used to improve such program's effectiveness.
Such evaluation shall--
``(1) have a longitudinal design tracking cohorts of
students for at least 3 years which, when the cohorts are
taken as a whole, provides a picture of such program's
effectiveness over the elementary and secondary grades;
``(2) be separate and independent from State and local
assessments and evaluations as required under this part;
``(3) utilize the highest available content standards that
are generally accepted as national in scope;
``(4) provide information on all students, students served
under this part, and, if funds are sufficient, information on
students from low-income families and limited English
proficient students; and
``(5) when feasible, collect, cross-tabulate, and report
data by sex within race or ethnicity and socioeconomic
status.
The Secretary shall use the information from this evaluation
as part of the national assessment required by subsection (a)
and shall report the data from this evaluation to the
Congress and the public at least as frequently as that
assessment.
``(d)(1) In conducting the National Assessment under
subsection (a) and the National Evaluation under subsection
(b), the Secretary shall not assess the progress of students
in grade 1, kindergarten, and pre-kindergarten on the basis
of outcome measures such as content and performance
standards;
``(2) any assessments of children in grade 2 shall utilize
matrix sampling and be performance-based; and
``(3) any data collected regarding children in grade 2
shall--
``(A) be collected at multiple points in time;
``(B) not be used to stigmatize, label, or place any child;
and
``(C) be collected in multiple domains.
``(e) Parental Involvement, Study, Report and
Dissemination.--(1) The Secretary, through the Office of
Education Research and Improvement, shall conduct a study to
identify and describe--
``(A) common barriers to effective parental involvement in
the education of participating children; and
``(B) successful local policies and programs which improve
parental involvement and the performance of participating
children.
``(2) The Secretary shall--
``(A) complete such study by December 31, 1995;
``(B) report the findings of such study to the Committee on
Education and Labor of the House of Representatives and to
the Committee on Labor and Human Resources of the Senate; and
``(C) disseminate the findings, relating to the successful
local policies and programs which improve parental
involvement and the performance of participating children, to
local educational agencies.
``SEC. 1502. DEMONSTRATIONS OF INNOVATIVE PRACTICES.
``(a) Demonstration Programs To Improve Achievement.--(1)
From the funds appropriated for any fiscal year under section
1002(7)(B), the Secretary may make grants to State
educational agencies, local educational agencies, other
public agencies, nonprofit organizations, public/private
partnerships involving business and industry organizations,
and consortia of such bodies to carry out demonstration
projects that show the most promise of enabling children
served under this title to meet challenging State standards.
Such projects shall include promising strategies such as--
``(A) accelerated curricula, the application of new
technologies to improve teaching and learning, extended
learning time, and a safe and enriched full-day environment
for children to provide them the opportunity to reach high
standards;
``(B) integration of education services with each other and
with health, family, and other social services such as
mentoring programs, particularly in empowerment zones and
enterprise communities;
``(C) effective approaches to whole school reform;
``(D) programs that have been especially effective with
limited English proficient children, migratory children and
other highly mobile students, children leaving institutions
for neglected or delinquent children and returning to school,
and homeless children and youth; and
``(E) programs that are built upon partnerships developed
between elementary and middle schools, employers, and the
community which emphasize the integration of high quality
academic and vocational learning, stress excellence and high
expectations for success in core academic subjects, instill
responsibility, decisionmaking, problem solving,
interpersonal skills, and other competencies in students, and
make school relevant to the workplace and the community,
through applied and interactive teaching methodologies, team
teaching strategies, learning opportunities connecting
school, the workplace, and the community, and career
exploration, awareness, and career guidance opportunities.
``(2) The Secretary shall evaluate the demonstration
projects supported under this title, using rigorous
methodological designs and techniques, including control
groups and random assignment, to the extent feasible, to
produce reliable evidence of effectiveness.
[[Page 413]]
``(b) Partnerships.--(1) From funds appropriated under
section 1002(7)(B) for any fiscal year, the Secretary may,
directly or through grants or contracts, work in partnership
with State educational agencies, local educational agencies,
other public agencies, and non-profit organizations to
disseminate and use the highest quality research and
knowledge about effective practices to improve the quality of
teaching and learning in schools supported under this title.
``PART F--GENERAL PROVISIONS
``SEC. 1601. FEDERAL REGULATIONS.
``(a) In General.--The Secretary is authorized to issue
such regulations as are necessary to reasonably ensure that
there is compliance with this title.
``(b) Negotiated Rulemaking Process.--(1) Prior to
publishing proposed regulations in the Federal Register to
carry out this title, the Secretary shall obtain the advice
and recommendations of representatives of Federal, State, and
local administrators, parents, teachers, and members of local
boards of education involved with the implementation and
operation of programs under this title.
``(2) Such advice and recommendations may be obtained
through such mechanisms as regional meetings and electronic
exchanges of information.
``(3) After obtaining such advice and recommendations, and
prior to publishing proposed regulations, the Secretary
shall--
``(A) establish a negotiated rulemaking process on a
minimum of 4 key issues, including--
``(i) schoolwide projects;
``(ii) standards and assessment;
``(iii) parental involvement; and
``(iv) professional development;
``(B) select individuals to participate in such process
from among individuals or groups which provided advice and
recommendations, with representation from all geographic
regions; and
``(C) prepare a draft of proposed policy options that shall
be provided to the individuals selected by the Secretary
under subparagraph (A) not less than 45 days prior to the
first meeting under such process.
``(4) Such process--
``(A) shall be conducted in a timely manner to ensure that
final regulations are issued by the Secretary not later than
the 240-day period required by section 437 of the General
Education Provisions Act;
``(B) shall not be subject to the Federal Advisory
Committee Act but shall otherwise follow the provisions of
the Negotiated Rulemaking Act of 1990 (5 U.S.C. 561 et seq.).
``(5) In an emergency situation in which regulations to
carry out this title must be issued with a very limited time
to assist State and local educational agencies with the
operation of the program, the Secretary may issue proposed
regulations without following such process but shall,
immediately thereafter and prior to issuing final
regulations, conduct regional meetings to review such
proposed regulations.
``(c) Special Rule.--Funds made available under section
1002(7) may not be released by the Secretary for expenditure
until such time as final regulations to carry out part A are
published in the Federal Register.
``(d) Limitation.--Regulations to carry out this part may
not require local programs to follow a particular
instructional model, such as the provision of services
outside the regular classroom or school program.
``SEC. 1602. COORDINATION OF FEDERAL, STATE, AND LOCAL
ADMINISTRATION.
``(a) Program Assistance Manual.--The Secretary shall, not
later than 6 months after the publication of final
regulations under this title, prepare and distribute to State
educational agencies, State agencies operating programs under
parts C and D, and local educational agencies, and shall make
available to parents and other interested individuals,
organizations, and agencies, a manual for this title to--
``(1) assist such agencies in--
``(A) enhancing the quality, increasing the depth, or
broadening the scope of activities for programs under this
title;
``(B) applying for program funds under this title; and
``(C) meeting the program objectives under this title;
``(2) assist State educational agencies in achieving proper
and efficient administration of programs funded under this
title;
``(3) assist parents to become involved in the planning
for, and implementation and evaluation of, programs and
projects under this title; and
``(4) ensure that officers and employees of the Department
of Education, including officers and employees of the
Secretary and officers and employees of such Department
charged with auditing programs carried on under this title,
uniformly interpret, apply, and enforce requirements under
this title throughout the United States.
``(b) Contents of Policy Manual.--The policy manual shall,
with respect to programs carried out under this title,
contain descriptions, statements, procedural and substantive
rules, opinions, policy statements and interpretations and
indices to and amendments of the foregoing, and in
particular, whether or not such items are required under
section 552 of title 5, United States Code, to be published
or made available. The manual shall include--
``(1) a statement of the requirements applicable to the
programs carried out under this title, including such
requirements contained in this title, the General Education
Provisions Act, other applicable statutes, and regulations
issued under the authority of such statutes;
``(2) an explanation of the purpose of each requirement and
its interrelationship with other applicable requirements; and
``(3) model forms and instructions developed by the
Secretary for use by State and local educational agencies, at
their discretion, including, application forms, application
review checklists, and instruments for monitoring programs
under this title.
``(c) Response to Inquiries.--The Secretary shall respond
with written guidance not more than 90 days after any written
request (return receipt requested) from a State or local
educational agency regarding a policy, question, or
interpretation under this title. In the case of a request
from a local educational agency, such agency is required to
address its request to the State educational agency first.
``SEC. 1603. STATE ADMINISTRATION.
``(a) Rulemaking.--(1) Each State that receives funds under
this title shall--
``(A) ensure that any State rules, regulations, and
policies relating to this title conform to the purposes of
this title and provide any such proposed rules, regulations,
and policies to the Committee of Practitioners for their
review and comment;
``(B) minimize such rules, regulations, and policies to
which their local educational agencies and schools are
subject; and
``(C) identify any such rule, regulation, or policy as a
State-imposed requirement.
``(2) State rules, regulations, and policies under this
title shall support and facilitate local educational agency
and school-level systemic reform designed to enable all
children to meet the State's standards.
``(b) Committee of Practitioners.--(1) Each State
educational agency shall create a State committee of
practitioners to advise the State in carrying out its
responsibilities under this title.
``(2) Each such committee shall include--
``(A) as a majority of its members, representatives from
local educational agencies;
``(B) administrators;
``(C) teachers, including vocational educators;
``(D) parents;
``(E) members of local boards of education;
``(F) representatives of private school children; and
``(G) counselors.
``(3) The duties of the committee shall include a review,
prior to publication, of any proposed or final State rule or
regulation pursuant to this title. In an emergency situation
where such rule or regulation must be issued within a very
limited time to assist local educational agencies with the
operation of the program, the State educational agency may
issue a regulation without prior consultation, but shall
immediately thereafter convene the State committee of
practitioners to review the emergency regulation prior to
issuance in final form.
``(c) Payment For State Administration.--Each State may
reserve for the proper and efficient performance of its
duties under this title the greater of--
``(1) one percent of the funds received under section
1002(a) and (c) through (f); or
``(2) $325,000, or $50,000 in the case of Guam, American
Samoa, the Virgin Islands, the Northern Mariana Islands, and
Palau (until the Compact of Free Association takes effect).
``TITLE II--IMPROVING TEACHING AND LEARNING
``PART A--DWIGHT D. EISENHOWER PROFESSIONAL DEVELOPMENT PROGRAM
``SEC. 2101. FINDINGS.
``The Congress finds that--
``(1) reaching the National Education Goals requires a
comprehensive educational reform strategy that involves
parents, schools, government, communities, and other public
and private organizations at all levels;
``(2) a crucial component of the strategy for achieving
these goals is ensuring, through sustained and intensive
high-quality professional development, and through the
development and adoption of high quality curriculum, that all
teachers are capable of providing challenging learning
experiences in the core academic subjects for their students;
``(3) decisionmaking as to what activities a State or local
educational agency should undertake to improve teaching and
learning are best made by individuals in the schools closest
to the classroom and most knowledgeable about the needs of
schools and students;
``(4) the potential positive impact of high-quality
professional development is underscored by recent research
findings that--
``(A) professional development must be focused on teaching
and learning in order to change the opportunities of all
students to achieve higher standards; and
``(B) effective professional development focuses on
discipline-based knowledge and subject-specific pedagogical
skills, involves teams of teachers and administrators in a
school and, through professional networks of teachers and
administrators, is interactive and collaborative, motivates
by its intrinsic content and relationship to practice, builds
on experience and learning-by-doing, and becomes incorporated
into the everyday life of the school;
``(5) engaging teachers in the development of high quality
curricula is a powerful professional development activity
that improves teaching and learning;
``(6) special attention must be given in professional
development activities to ensure that education professionals
are knowledgeable of, and make use of, strategies for serv-
[[Page 414]]
ing populations that historically have lacked access to equal
opportunities for advanced learning and career advancement;
``(7) States and local educational agencies also need to
engage teachers in the development of high quality curricula
that are aligned with State or local content and performance
standards in order to improve teaching and learning and
ensure that students achieve the State standards;
``(8) professional development is often a victim of budget
reductions in fiscally difficult times and curricula
development is almost nonexistent in many State and local
school systems; and
``(9) the Federal Government has a vital role in helping
States and local educational agencies to make sustained and
intensive high-quality professional development in the core
academic subjects become an integral part of the elementary
and secondary education system and in providing assistance to
such agencies to engage teachers in the development of high
quality curricula that are aligned with State or local
content and performance standards.
``SEC. 2102. PURPOSES.
``The purposes of this part are to provide assistance to
States and local educational agencies and to institutions of
higher education with teacher education programs so that such
agencies can determine how best to improve the teaching and
learning of all students through--
``(1) helping to ensure that teachers, other staff, and
administrators have access to sustained and intensive high-
quality professional development that is aligned to
challenging State content and performance standards in the
CORE academic subjects and that--
``(A) is tied to challenging State and local curriculum
content and student performance standards;
``(B) reflects recent research on teaching and learning;
``(C) incorporates effective strategies, techniques,
methods, and practices for meeting the educational needs of
diverse students, including females, minorities, individuals
with disabilities, limited-English proficient individuals,
and economically disadvantaged individuals, in order to
ensure that all students have the opportunity to achieve
challenging performance standards.''.
``(D) includes strong academic content and pedagogical
components;
``(E) is of sufficient intensity and duration to have a
positive and lasting impact on the teacher's performance in
the classroom; and
``(F) is part of the everyday life of the school and
creates an orientation toward continuous improvement
throughout the school; and
``(2) assisting States and local educational agencies to
engage teachers in the development of high quality curriculum
that is aligned with State or local content and performance
standards.
``SEC. 2103. AUTHORIZATION OF APPROPRIATIONS; ALLOCATION
BETWEEN SUBPARTS.
``(a) Authorization of Appropriations.--For the purpose of
carrying out this part, there are authorized to be
appropriated such sums for fiscal year 1995, 1996, 1997,
1998, and 1999.
``(b) Allocation Between Subparts.--Of the funds
appropriated to carry out this part for a fiscal year, the
Secretary shall use--
``(1) 5 percent to carry out subpart 1; and
``(2) 95 percent to carry out subpart 2.
``Subpart 1--Federal Activities
``SEC. 2111. PROGRAM AUTHORIZED.
``(a) Program Authorized.--The Secretary is authorized to
make grants to, and enter into contracts and cooperative
agreements with, local educational agencies, State
educational agencies, State agencies for higher education,
educational service agencies, institutions of higher
education, and other public and private agencies, other
organizations, and institutions to--
``(1) support activities of national significance that will
contribute to the development and implementation of high-
quality professional development activities in the core
academic subject areas;
``(2) support the development of challenging curriculum
that is aligned with State or local content and performance
standards;
``(3) evaluate activities carried out under this subpart
and under subpart 2.
``(b) Coordination With Other Agencies.--In carrying out
this program, the Secretary shall consult and coordinate with
the National Science Foundation, the National Endowment for
the Humanities, the National Endowment for the Arts, and
other appropriate Federal agencies and entities.
``SEC. 2112. AUTHORIZED ACTIVITIES.
``(a) Activities.--The Secretary shall use funds available
to carry out this subpart--
``(1) to provide seed money to eligible entities to develop
their capacity to offer sustained and intensive high-quality
professional development;
``(2) for the development and maintenance of a national
clearinghouse for science, mathematics, and technology
education materials which shall be administered as an adjunct
clearinghouse of the ERIC system of clearinghouses supported
by the Office of Educational Research and Improvement;
``(3) to support consortia of educational agencies and
organizations in disseminating information and providing
assistance regarding curricula, teaching methods, and
assessment tools that support national or State content
standards in mathematics and science; and
``(4) the evaluation of programs under this subpart and
under subpart 2.
``(b) clearinghouses.--The Secretary may use funds
available to carry out this subpart--
``(1) for the development and maintenance of national
clearinghouses for core academic subjects as the Secretary
determines are needed and which shall be administered as
adjunct clearinghouses of the ERIC system of clearinghouses
supported by the Office of Educational Research and
Improvement;
``(2) to provide grants to entities to develop high quality
curricula that are aligned with voluntary national or State
content standards;
``(3) to sponsor institutes that provide teachers and
administrators with professional development that is based on
strong and integrated disciplinary content and pedagogical
components;
``(4) for efforts to train teachers in the innovative uses
and applications of technology to enhance student learning;
``(5) to encourage the development of local and national
professional networks of educators;
``(6) to disseminate standards in the core academic
subjects, including information on voluntary national content
and performance standards and related models of high-quality
professional development;
``(7) for efforts to train teachers in innovative uses of
applied learning strategies such as service learning;
``(8) to disseminate models of high-quality professional
development activities that train educators in strategies,
techniques, methods, and practices for meeting the
educational needs of historically underserved populations,
including females, minorities, individuals with disabilities,
limited-English proficient individuals, and economically
disadvantaged individuals, in order to ensure that all
students have the opportunity to achieve challenging
performance standards; and
``(9) to promote the transferability of licensure and
certification of teachers and administrators among State and
local jurisdictions.
``(c) Allocation.--In carrying out subsection (a), the
Secretary shall ensure that each program, project, and
activity contained in such subsection receives an allocation
that is no less than the amount that each such program,
project, or activity received in fiscal year 1994.
``Subpart 2--State and Local Activities
``SEC. 2121. PROGRAM AUTHORIZED.
``The Secretary is authorized to make grants to State
educational agencies for the improvement of teaching and
learning through sustained and intensive high-quality
professional development activities in the core academic
subjects at the State and local levels and the development by
teachers and others of high-quality curricula that are
aligned with State or local content and performance
standards.
``SEC. 2122. ALLOCATION OF FUNDS.
``(a) Reservation of Funds.--From the amount made available
to carry out this subpart for any fiscal year, the Secretary
shall--
``(1) reserve one half of one percent for the outlying
areas, to be distributed among them on the basis of relative
need, as determined by the Secretary in light of the purposes
of this part; and
``(2) reserve one half of one percent for the Secretary of
the Interior for programs under this subpart for professional
development activities for teachers, other staff, and
administrators in schools operated or funded by the Bureau of
Indian Affairs.
``(b) State Allotments.--The Secretary shall allocate the
remaining amount to each of the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico as follows,
except that no State shall receive less than one-half of one
percent of such remaining amount:
``(1) 50 percent shall be allocated among such
jurisdictions on the basis of their relative populations of
individuals aged 5 through 17, as determined by the Secretary
on the basis of the most recent satisfactory data.
``(2) 50 percent shall be allocated among such
jurisdictions in accordance with the relative amounts such
jurisdictions received under part A of title I of this Act
for the preceding fiscal year.
``(c) Reallocation.--If any jurisdiction does not apply for
its allotment under subsection (b) for any fiscal year, the
Secretary shall reallocate such amount to the remaining
jurisdictions in accordance with such subsection.
``SEC. 2123. WITHIN-STATE ALLOCATIONS.
``(a) Reservations.--Of the amounts received by a State
under this subpart for a fiscal year--
``(1) not more than 5 percent shall be used for the
administrative costs of programs carried out by the State
educational agency and the State agency for higher education;
``(2) not more than 5 percent may be used for State-level
activities, as described in section 2125; and
``(3) of the remaining amount--
``(A) 87 percent shall be distributed to local educational
agencies, to be used in accordance with section 2129, as
follows:
``(i) 50 percent of such amount shall be distributed in
accordance with the relative enrollments in public and
private nonprofit schools within their boundaries.
``(ii) 50 percent of such amount shall be distributed in
accordance with the relative amount such agencies received
under part A
[[Page 415]]
of title I of this Act for the preceding fiscal year; and
``(B) 13 percent shall be used for competitive grants to
institutions of higher education as described in section
2129.
``(b) Limitation.--
``(1) General rule.--Except as provided in paragraph (2),
any local educational agency that receives an allocation of
less than $10,000 under subsection (a) shall, for the purpose
of providing services under this subpart, form a consortium
with at least 1 other local educational agency or institution
of higher education receiving assistance under this section.
``(2) Waiver.--The State educational agency shall waive the
application of paragraph (1) in the case of any local
educational agency that demonstrates that the amount of its
allocation is sufficient to provide a program of sufficient
size, scope, and quality to be effective. In granting waivers
under the preceding sentence, the State educational agency
shall--
``(A) give special consideration to local educational
agencies serving rural areas; and
``(B) consider cash or in-kind contributions provided from
State or local sources that may be combined with the local
educational agency's allocation for the purpose of providing
services under this part.
``SEC. 2124. STATE APPLICATIONS.
``(a) Applications Required.--Each State educational agency
that wishes to receive its allotment under this subpart for
any fiscal year shall submit an application to the Secretary
at such time and in such form as the Secretary may require.
``(b) State Plan To Improve Teaching and Learning--(1) Each
application under this section shall include a State plan
that--
``(A) is integrated with the State's plan, either approved
or being developed, under title III of the Goals 2000:
Educate America Act, and satisfies the requirements of this
section that are not already addressed by that State plan; or
``(B) if the State does not have an approved plan under
title III of the Goals 2000: Educate America Act and is not
developing such a plan, is integrated with other State plans
under this Act and satisfies the requirements of this
section.
``(2) Each such plan shall also--
``(A) be developed in conjunction with the State agency for
higher education, institutions of higher education, schools
of education, and with the extensive participation of
teachers and administrators and members of the public who are
interested in improving education in the State and show the
role of each in implementation;
``(B) be designed to give teachers and administrators in
the State the knowledge and skills to provide all students
the opportunity to meet challenging State performance
standards;
``(C) include an assessment of State and local needs for
professional development and for the development of curricula
that are aligned with State or local content and performance
standards;
``(D) include a description of how the plan has assessed
the needs of local education agencies serving rural areas,
and what actions are planned to meet those needs;
``(E) include a description of how the plan has maintained
funding for professional development activities in
mathematics and science education;
``(F) include a description of how the activities funded
under this subpart will address the needs of teachers in
schools receiving assistance under part A of title I of this
Act;
``(G) a description of how programs in all core academic
subjects, but especially in mathematics and science, will
take into account the need for greater access to, and
participation in, such disciplines by students from
historically underrepresented groups, including females,
minorities, individuals with limited-English proficiency, the
economically disadvantaged, and the disabled, by
incorporating pedagogical strategies and techniques which
meet their educational need;
``(H) if the State's needs assessment under subsection (C)
demonstrates a need for professional development, describe
how the State will--
``(i) work with teachers, including teachers in schools
receiving assistance under part A of title I of this Act,
administrators, local educational agencies, schools, and
institutions of higher education to ensure that they develop
the capacity to support sustained and intensive, high-quality
professional development programs in all the core academic
subject areas, but especially in mathematics and science;
``(ii) take specific steps to review and, if necessary,
reform State requirements for licensure of teachers and
administrators, including certification and recertification,
to align such requirements with challenging State content and
performance standards; and
``(iii) address the need for improving teaching and
learning through teacher development beginning with
recruitment, pre-service, and induction, and continuing
throughout the professional teaching career; and
``(I) if the State's needs assessment under subparagraph
(C) demonstrates a need for curricula development, describe--
``(i) a strategy for engaging teachers in the development
of curricula that are aligned with State or local content and
performance standards; and
``(ii) how the State will also work with administrators,
parents, school board members, and other members of the
community in developing high quality curricula that are
aligned with State or local content and performance
standards.
``(c) Additional Material.--Each State application shall
also include--
``(1) a description of how the activities funded under this
subpart will be coordinated, as appropriate, with--
``(A) other activities conducted with Federal funds,
especially activities supported under part A of title I of
this Act;
``(B) State and local funds;
``(C) resources from business and industry; and
``(D) funds from other Federal agencies, such as the
National Science Foundation, the Departments of Commerce,
Energy, and Health and Human Services, the National Endowment
for the Arts, and the National Endowment for the Humanities;
and
``(2) a description of the activities to be sponsored under
the State-level activities and the higher education
components of its program under this subpart.
``(d) Peer Review and Secretarial Approval.--(1) The
Secretary shall approve the application of a State
educational agency if it meets the requirements of this
section and holds reasonable promise of achieving the
purposes of this part.
``(2) In reviewing applications, the Secretary shall obtain
the advice of non-Federal experts on education in the core
academic subjects and on teacher education, including
teachers and administrators.
``SEC. 2125. STATE-LEVEL ACTIVITIES.
``(a) Activities.--Each State may use funds reserved under
section 2123(a)(2) to carry out activities referred to in
section 2124(b), such as--
``(1) reviewing and reforming State requirements for
teacher and administrator licensure, including certification
and recertification, to align such requirements with the
State's content standards and ensure that teachers and
administrators have the knowledge and skills necessary to
help students meet challenging State performance standards;
``(2) developing performance assessments and peer review
procedures, as well as other methods, for licensing teachers
and administrators;
``(3) providing technical assistance to schools and local
educational agencies especially schools and local educational
agencies that receive assistance under part A of title I of
this Act, to help such schools and agencies provide effective
professional development in the core academic subjects and
develop high quality curricula;
``(4) developing or supporting professional development
networks, either within a State or in a regional consortium
of States, that provide a forum for interaction among
teachers and that allow exchange of information on advances
in content assessment and pedagogy;
``(5) supporting partnerships between schools, consortia of
schools, or local education agencies and institutions of
higher education, including but not limited to schools of
education, which would encourage teachers to participate in
intensive, ongoing professional development programs, both
academic and pedagogical, at institutions of higher
education, and to encourage students at institutions of
higher education studying to become teachers to have direct,
practical experience at the schools;
``(6) enhancing the effective use of educational technology
as an instructional tool for increasing student understanding
of the core academic subject areas including--
``(A) efforts to train teachers in the innovative uses and
application of instructional technology;
``(B) utilizing and strengthening existing
telecommunications infrastructure dedicated to educational
purposes; and
``(C) efforts to train teachers in methods for achieving
gender equity both in access to and teaching practices used
in the application of educational technology;
``(7) providing incentives for teachers to be involved in
curriculum development and technical assistance processes for
teachers and students;
``(8) professional development enabling teachers and other
school staff to ensure that girls, young women, minorities,
limited English proficient students, individuals with
disabilities, and economically disadvantaged individuals have
the opportunity to achieve challenging State performance
standards in the core academic subjects by, for example,
encouraging girls, young women, and minorities to pursue
advanced courses in mathematics and science;
``(9) designing professional development activities that
increase the numbers of members of minority and other
underrepresented groups in the teaching force in the core
subjects; and
``(10) developing high quality curriculum that is aligned
with State or local content and performance standards.
``(b) Alternative Methods.--Nothing in this section shall
be construed to prevent a State from implementing alternative
methods of teacher certification.
``SEC. 2126. LOCAL PLAN AND APPLICATION FOR IMPROVING
TEACHING AND LEARNING.
``(a) Local Application.--(1) Each local educational agency
that wishes to receive a subgrant under this subpart shall
submit an application (singly or as a consortia as described
in section 2123(b)) to the State educational agency at such
time as the State educational agency shall require, but not
less frequently than every 3rd year.
[[Page 416]]
``(2) If the local educational agency has an application
approved by the State under title III of the Goals 2000:
Educate America Act, the application required by this section
shall be a component of (or, if necessary, an addendum to)
its Goals 2000 application.
``(3) A local education agency shall set specific
performance indicators for improving teaching and learning
through professional development and curriculum development.
``(4) A local educational agency shall submit, as part of
its application, the results of the needs assessment
conducted under subsection (b), and the local educational
agency plan developed in accordance with subsection (c).
``(b) Needs Assessment.--(1) A local educational agency
that wishes to receive a subgrant under this subpart shall
include in its application an assessment of such agency's
need for professional development, for the development of
high quality curricula that are aligned with State or local
content and performance standards.
``(2) Such needs assessment shall be carried out with the
involvement of teachers, including teachers in schools
receiving assistance under part A of title I of this Act, and
shall take into account what activities need to be conducted
in order to give teachers and administrators the means,
including the knowledge and skills, to provide students with
the opportunity to meet challenging State or local
performance standards.
``(c) Plan Development.--(1) The plan required under this
subsection shall be developed jointly by the local
educational agency and by teachers from the core academic
disciplines.
``(2) Such teachers shall also be representative of the
grade spans within schools to be served and of schools which
receive assistance under part A of title I of this Act.
``(3) Based on the needs assessment required under
subsection (b), the local educational agency's plan shall
include the following--
``(A) a description of the local educational agency's
strategy to improve teaching and learning in every school;
``(B) a description of how the plan contributes to the
local educational agency's overall efforts for school reform
and educational improvement;
``(C) a description of the activities the local educational
agency intends to undertake under this subpart consistent
with such agency's needs assessment conducted under
subsection (b);
``(D) a description of how the plan has maintained funding
for professional development activities in mathematics and
science education;
``(E) a description of how the activities funded under this
section will address the needs of teachers in schools
receiving assistance under part A of title I of this Act;
``(F) a description of how programs in all core academic
subjects, but especially in mathematics and science, will
take into account the need for greater access to, and
participation in, such disciplines by students from
historically underrepresented groups, including females,
minorities, individuals with limited-English proficiency, the
economically disadvantaged, and the disabled, by
incorporating pedagogical strategies and techniques which
meet their educational need;
``(G) an assurance that the activities conducted with funds
received under this program will be assessed at least every 3
years using the performance indicators;
``(H) a description of how the program funded under this
subpart will be coordinated, as appropriate, with--
``(i) activities conducted under section 2130 and other
services of institutions of higher education;
``(ii) similar State and local activities;
``(iii) resources provided under part A of title I and
other parts of this Act, particularly part B of this title;
``(iv) resources from business, industry, private nonprofit
organizations (including museums, libraries, educational
television stations, community-based organizations,
professional organizations and associations specializing in,
or with a demonstrated expertise in the core academic
disciplines);
``(v) funds or programming from other Federal agencies,
such as the National Science Foundation, the Department of
Energy, the Department of Health and Human Services, the
National Endowment for the Humanities, and the National
Endowment for the Arts; and
``(vi) an identification of funding that will provide the
local educational agency's contribution under section 2127.
``SEC. 2127. LOCAL COST SHARING.
``(a) In General.--Each local educational agency shall bear
not less than 33 percent of the cost of any program carried
out under this subpart, but not including the cost of
services provided to private schoolteachers.
``(b) Available Resources for Cost-Sharing.--A local
educational agency may meet the requirements of subsection
(a) through one or more of the following:
``(1) Cash expenditures from non-Federal sources, including
private contributions, directed toward professional
development and curriculum development activities.
``(2) Release time for teachers participating in
professional development or curricula development funded
under this subpart.
``(3) Funds received under one or more of the following
programs, if used for professional development or curricula
development activities consistent with this subpart and
consistent with the statutes under which such funds are
provided, then such funds must be used for the benefit of
students and teachers in the schools that would otherwise
have been served with such funds:
``(A) Part A of title I of this Act.
``(B) The Safe and Drug Free Schools program under title IV
of this Act.
``(C) The bilingual education program under title VII of
this Act.
``(D) The Women's Educational Equity Program under title
III of this Act.
``(E) Title III of the Goals 2000: Educate America Act.
``(F) Programs that are related to the purposes of this Act
that are administered by other agencies, including the
National Science Foundation, the National Endowment for the
Humanities, the National Endowment for the Arts, and the
Department of Energy.
``(c) Waiver.--The State educational agency may approve an
application which has not fully met the requirements of
subsection (a) and waive the requirements of subsection (a)
if a local educational agency can demonstrate that it is
unable to meet the requirements of subsection (a) due to
economic hardship and that compliance with such requirements
would preclude its participation in the program.
``SEC. 2128. ALLOWABLE ACTIVITIES.
``(a) Authorized Activities.--Each local educational agency
and school that receives funds under this subpart shall use
such funds for activities that give teachers and
administrators the knowledge and skills to provide students
with the opportunity to meet challenging State or local
content and performance standards. Funds received by local
educational agencies under this subpart only shall be used
for the activities specified under subsections (b) and (c).
``(b) Professional Development.--If a needs assessment
conducted under section 2126(b) determines that funds under
this subpart should be used to provide professional
development in the core academic subjects for teachers and
other school staff, the local educational agency shall use
such funds for professional development for teachers and
other staff to support teaching consistent with State, or
local content standards, and shall, to the extent
practicable, coordinate such activities with institutions of
higher education and activities under section 2129:
``(1) Professional development activities funded under this
subpart shall--
``(A) be tied to challenging State or local content and
student performance standards;
``(B) reflect recent research on teaching and learning;
``(C) incorporate effective strategies, techniques,
methods, and practices for meeting the educational needs of
diverse students, including females, minorities, individuals
with disabilities, limited-English proficient individuals,
and economically disadvantaged individuals, in order to
ensure that all students have the opportunity to achieve
challenging performance standards;
``(D) include strong academic content and pedagogical
components;
``(E) be of sufficient intensity and duration to have a
positive and lasting impact on the teacher's performance in
the classroom; and
``(F) be part of the everyday life of the school and create
an orientation toward continuous improvement throughout the
school.
``(2) Funds under this subpart may be used for professional
development activities such as--
``(A) professional development for teams of teachers,
administrators, or other staff from individual schools, to
support teaching consistent with State or local content
standards;
``(B) support and time for teachers and other school staff
to participate in professional development in the core
subjects offered through professional associations,
universities, community-based organizations, and other
providers including museums and educational partnership
organizations;
``(C) activities that provide followup for teachers who
have participated in professional development activities that
are designed to ensure that knowledge and skills learned by
the teacher are implemented in the classroom;
``(D) support for partnerships between schools, consortia
of schools, or local education agencies and institutions of
higher education, including but not limited to schools of
education, which would encourage teachers to participate in
intensive, ongoing professional development programs, both
academic and pedagogical, at institutions of higher
education, and to encourage students at institutions of
higher education studying to become teachers to have direct,
practical experience at the schools;
``(E) the establishment and maintenance of local
professional networks that provide a forum for interaction
among teachers and that allow exchange of information on
advances in content and pedagogy;
``(F) activities to prepare teachers in the effective use
of educational technology as an instructional tool for
increasing student understanding of the core academic subject
areas;
``(G) activities to enable teachers to ensure that girls,
young women, minorities, limited-English proficient students,
individuals with disabilities, and economically disadvantaged
individuals the opportunity to achieve the challenging State
performance standards in the core academic subjects;
``(H) professional development and recruitment activities
designed to increase the number of minorities, individuals
with disabilities, and females teaching in the core academic
subject in which they are underrepresented;
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``(I) other sustained and intensive high-quality
professional development activities in the core academic
subjects.
``(c) Curriculum Development.--(1) If the needs assessment
of a local educational agency determines that funds under
this subpart should be used for curriculum development
including the development of high quality standards,
assessments, and other methods needed to provide teachers
with the tools necessary to improve student achievement, such
agency shall use the funds provided to develop high quality
curricula that is aligned with State or local content and
performance standards.
``(2) Funds may be used to purchase the curriculum
materials to the extent such materials are essential
components of the local educational agency's plan to improve
teaching and learning in the core academic subjects.
``SEC. 2129. HIGHER EDUCATION ACTIVITIES.
``(a) General.--(1) The State agency for higher education,
working in conjunction with the State educational agency (if
it is a separate agency), shall make grants to, or enter into
contracts or cooperative agreements with, institutions of
higher education and nonprofit organizations including
museums and educational partnership organizations, which
demonstrate consultation and cooperation with a local
education agency, consortium of local education agencies, or
schools, for--
``(A) professional development activities in the core
academic subject areas that contribute to the State plan for
professional development;
``(B) engaging teachers in the development of high-quality
curricula that are aligned with State or local content and
performance standards;
``(C) developing and providing assistance to local
education agencies, and the teachers and staff of each such
agency, for sustained, high-quality professional development
activities;
``(D) improving teacher education programs in order to
promote further innovation in teacher education programs
within an institution of higher education and to better meet
the needs of the local education agencies for well-prepared
teachers;
``(2) All such awards shall be made on a competitive basis.
``(3) No institution of higher education may receive
assistance under subsection (a)(1) of this subsection unless
the institution enters into an agreement with a local
education agency, or consortium of such agencies, to provide
sustained, high-quality professional development for the
elementary and secondary school teachers in the schools of
each such agency.
``(4) Each project funded under this section shall involve
a joint effort of the recipient's school or department of
education and the schools or departments in the specific
disciplines in which assistance may be provided.
``(b) Allowable Activities.--A recipient of funds under
this section shall use those funds for--
``(1) sustained and intensive high-quality professional
development for teams of teachers, or teachers and
administrators from individual schools or districts;
``(2) other sustained and intensive professional
development activities related to achievement of the State
plan for professional development such as--
``(A) establishment and maintenance of professional
networks of teachers that provide a forum for interaction
among teachers and that allow exchange of information on
advances in content and pedagogy;
``(B) programs that prepare teachers to be effective users
of information technology, able to integrate technology into
their pedagogy and their instructional practices, and able to
enhance their curricular offerings by appropriate
applications of technology;
``(C) programs that utilize information technology to
deliver sustained and intensive high quality professional
development activities for teachers;
``(D) activities to enable teachers to ensure that girls,
young women, minorities, limited-English proficient students,
individuals with disabilities, and economically disadvantaged
individuals have the opportunity to achieve the challenging
State performance standards in the core academic subjects;
``(E) professional development and recruitment activities
designed to increase the number of minorities, individuals
with disabilities, and other underrepresented groups teaching
in the core academic subjects, particularly in mathematics
and science;
``(F) establishment of professional development academies
operated as partnerships between one or more elementary or
secondary schools and one or more institutions of higher
education to provide school-based teacher training that
provides prospective, novice, and experienced teachers with
an opportunity to work under the guidance of master teachers
and college faculty members; and
``(G) technical assistance to local educational agencies in
providing sustained and intensive high quality professional
development activities for teachers.
``Subpart 3--General Provisions
``SEC. 2131. REPORTING AND ACCOUNTABILITY.
``(a) States.--Each State that receives funds under this
part shall submit a report to the Secretary every 3 years on
the State's progress toward the performance indicator
identified in its State plan, as well as on the effectiveness
of State and local activities under this part.
``(b) Local Educational Agencies.--Each local educational
agency that receives funds under this part shall submit a
report to the State every 3 years on its progress toward the
outcome performance indicators in its plan.
``(c) Federal Evaluation.--The Secretary shall report to
the President and Congress on the effectiveness of programs
and activities funded under this part.
``(d) Prohibition on Funds Being Used for Construction or
Renovation.--Funds received under this part shall not be used
for construction or renovation of buildings, rooms, or any
other facilities.
``SEC. 2132. DEFINITIONS.
``As used in this part, the following terms have the
following meanings:
``(1) The term `core academic subjects' means those
subjects listed in the State plan under title III of the
Goals 2000: Educate America Act or under National Education
Goal Three as set out in section 102(3) of such Act.
``(2) The term `performance indicators' means measures of
specific outcomes that the State or local educational agency
identifies as assessing progress toward the goal of ensuring
that all teachers have the knowledge and skills to assist
their students to meet challenging State standards in the
core academic subject areas. Examples of such indicators
include--
``(A) the degree to which licensure requirements are tied
to State standards;
``(B) specific increases in the number of elementary and
secondary teachers with strong content backgrounds in the
core academic subjects; and
``(C) effective strategies, techniques, methods, and
practices for meeting the educational needs of diverse
students, including females, minorities, individuals with
disabilities, limited-English proficient individuals, and
economically disadvantaged individuals, in order to ensure
that all students have the opportunity to achieve challenging
performance standards.
``(3) The term `sustained and intensive high-quality
professional development' means professional development
activities that--
``(A) are tied to challenging State or voluntary national
content and performance standards;
``(B) reflect up-to-date research in teaching and learning
and include integrated content and pedagogical components;
``(C) incorporates effective strategies, techniques,
methods, and practices for meeting the educational needs of
diverse students, including females, minorities, individuals
with disabilities, limited English proficient individuals,
and economically disadvantaged individuals, in order to
assure that all students have the opportunity to achieve
challenging performance standards;
``(D) are of sufficient intensity and duration to have a
positive and lasting impact on the teacher's performance in
the classroom or the administrator's performance on the job;
and
``(E) recognize teachers as an important source of
knowledge that should inform and help shape professional
development.
``(4) The term `local standard' means challenging content
and performance standards in the core subjects (in addition
to State content and performance standards approved by the
State for title I).
``PART B--INNOVATIVE EDUCATION PROGRAM STRATEGIES
``SEC. 2201. FINDINGS AND STATEMENT OF PURPOSE.
``(a) Findings.--The Congress finds that chapter 2 of the
Education Consolidation and Improvement Act of 1981 has been
successful in achieving the goals of increasing local
flexibility, reducing administrative burden, providing
services for private school students, encouraging innovation,
and contributing to the improvement of elementary and
secondary educational programs.
``(b) Statement of Purpose.--It is the purpose of programs
under this part:
``(1) To support local education reform efforts which are
consistent with and support statewide reform efforts under
the Goals 2000 Educate America Act.
``(2) To support State and local efforts to accomplish the
National Education Goals.
``(3) To provide funding to enable State and local
educational agencies to implement promising educational
reform programs that can be supported by State and local
sources of funding after such programs are demonstrated to be
effective.
``(4) To provide a continuing source of innovation,
educational improvement, and support for library services and
instructional materials, including media materials and,
``(5) To meet the special educational needs of at risk and
high cost students.
``(c) State and Local Responsibility.--The basic
responsibility for the administration of funds made available
under this part is within the State educational agencies, but
it is the intent of Congress that the responsibility be
carried out with a minimum of paperwork and that the
responsibility for the design and implementation of programs
assisted under this part will be mainly that of local
educational agencies, school superintendents and principals,
and classroom teachers and supporting personnel, because they
have the most direct contact with students and are most
likely to be able to design programs to meet the educational
needs of students in their own districts.
``SEC. 2202. DEFINITION.
``For the purposes of this part the term ``effective
schools programs'' means school-based programs that may
encompass pre-
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school through secondary school levels and that have the
objectives of (1) promoting school-level planning,
instructional improvement, and staff development, (2)
increasing the academic achievement levels of all children
and particularly educationally deprived children, and (3)
achieving as ongoing conditions in the school the following
factors identified through effective schools research as
distinguishing effective from ineffective schools:
``(A) strong and effective administrative and instructional
leadership that creates consensus on instructional goals and
organizational capacity for instructional problem solving;
``(B) emphasis on the acquisition of basic and higher order
skills;
``(C) a safe and orderly school environment that allows
teachers and pupils to focus their energies on academic
achievement;
``(D) a climate of expectation that virtually all children
can learn under appropriate conditions; and
``(E) continuous assessment of students and programs to
evaluate the effects of instruction.
``SEC. 2203. AUTHORIZATION OF APPROPRIATIONS; DURATION OF
ASSISTANCE.
``(a) Authorization.--To carry out the purposes of this
part, there are authorized to be appropriated such sums for
fiscal years 1995 through 1999.
``(b) Duration of Assistance.--During the period beginning
October 1, 1994, and ending, September 30, 1999, the
Secretary shall, in accordance with the provisions of this
part, make payments to State educational agencies for the
purpose of this section.
``Subpart 1--State and Local Programs
``SEC. 2211. ALLOTMENT TO STATES.
``(a) Reservations.--From the sums appropriated to carry
out this subpart in any fiscal year, the Secretary shall
reserve not to exceed 1 percent for payments to Guam,
American Samoa, the Virgin Islands, Palau (until the
effective date of the Compact of Free Association with the
Government of Palau), and the Northern Mariana Islands, to be
allotted in accordance with their respective needs.
``(b) Allotment.--From the remainder of such sums the
Secretary shall allot to each State an amount which bears the
same ratio to the amount of such remainder as the school-age
population of the State bears to the school-age population of
all States, except that no State shall receive less than an
amount equal to one-half of 1 percent of such remainder.
``(c) Definitions.--For purposes of this subpart:
``(1) The term `school-age population' means the population
aged 5 through 17.
``(2) The term `States' includes the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
``SEC. 2212. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.
``(a) Distribution Rule.--From the sums made available each
year to carry out this part, the State educational agency
shall distribute not less than 85 percent to local
educational agencies within such State according to the
relative enrollments in public and private, nonprofit schools
within the school districts of such agencies, adjusted, in
accordance with criteria approved by the Secretary, to
provide higher per pupil allocations to local educational
agencies which have the greatest numbers or percentages of
children whose education imposes a higher than average cost
per child, such as--
``(1) children living in areas with high concentrations of
low-income families,
``(2) children from low-income families, and
``(3) children living in sparsely populated areas.
``(b) Calculation of Enrollments.--(1) The calculation of
relative enrollments under subsection (a) shall be on the
basis of the total of--
``(A) the number of children enrolled in public schools,
and
``(B) the number of children enrolled in private nonprofit
schools that desire that their children participate in
programs or projects assisted under this part, for the fiscal
year preceding the fiscal year in which the determination is
made. Nothing in this subsection shall diminish the
responsibility of local educational agencies to contact, on
an annual basis, appropriate officials from private nonprofit
schools within the areas served by such agencies in order to
determine whether such schools desire that their children
participate in programs assisted under this part.
``(2)(A) Relative enrollments under subsection (a) shall be
adjusted, in accordance with criteria approved by the
Secretary under subparagraph (B), to provide higher per pupil
allocations only to local educational agencies which serve
the greatest numbers or percentages of--
``(i) children living in areas with high concentrations of
low-income families,
``(ii) children from low-income families, or
``(iii) children living in sparsely populated areas.
``(B) The Secretary shall review criteria submitted by a
State educational agency for adjusting allocations under
paragraph (1) and shall approve such criteria only if the
Secretary determines that such criteria are reasonably
calculated to produce an adjusted allocation that reflects
the relative needs within the State's local educational
agencies based on the factors set forth in subparagraph (A).
``(c) Payment of Allocations.--
``(1) From the funds paid to it pursuant to section 2203
for a fiscal year, a State educational agency shall
distribute to each eligible local educational agency which
has submitted an application as required in section 2223 the
amount of its allocation as determined under subsection (a).
``(2)(A) Additional funds resulting from higher per pupil
allocations provided to a local educational agency on the
basis of adjusted enrollments of children described in
subsection (a), may, at the discretion of the local
educational agency, be allocated for expenditures to provide
services for children enrolled in public and private
nonprofit schools in direct proportion to the number of
children described in subsection (a) and enrolled in such
schools within the local educational agency.
``(B) In any fiscal year, any local educational agency that
elects to allocate such additional funds in the manner
described in subparagraph (A) shall allocate all additional
funds to schools within the local educational agency in such
manner.
``(C) The provisions of subparagraphs (A) and (B) may not
be construed to require any school to limit the use of such
additional funds to the provision of services to specific
students or categories of students.
``Subpart 2--State Programs
``SEC. 2221. STATE USES OF FUNDS.
``(a) Authorized Activities.--A State educational agency
may use funds reserved for State use under this section only
for--
``(1) State administration of programs under this section
including--
``(A) supervision of the allocation of funds to local
educational agencies;
``(B) planning, supervision, and processing of State funds;
and
``(C) monitoring and evaluation of programs and activities
under this part; and
``(2) technical assistance and direct grants to local
educational agencies and statewide education reform
activities, including effective schools programs, which
assist local educational agencies to provide targeted
assistance.
``(b) Limitations and Requirements.--Not more than 25
percent of funds available for State programs under this part
in any fiscal year may be used for State administration under
subsection (a)(1).
``SEC. 2223. STATE APPLICATIONS.
``(a) Application Requirements.--Any State which desires to
receive a grant under this subpart shall submit to the
Secretary an application which--
``(1) designates the State educational agency as the State
agency responsible for administration and supervision of
programs assisted under this part;
``(2)(A) provides for an annual submission of data on the
use of funds, the types of services furnished, and the
students served under this section; and
``(B) in fiscal year 1998 provides for an evaluation of the
effectiveness of programs assisted under this subpart;
``(3) sets forth the allocation of such funds requested to
implement section 2252;
``(4) provides that the State educational agency will keep
such records and provide such information to the Secretary as
may be required for fiscal audit and program evaluation
(consistent with the responsibilities of the Secretary under
this section);
``(5) provides assurance that, apart from technical and
advisory assistance and monitoring compliance with this part,
the State educational agency has not exercised and will not
exercise any influence in the decision making processes of
local educational agencies as to the expenditure made
pursuant to an application under section 2233; and
``(6) contain assurances that there is compliance with the
specific requirements of this part.
``(b) Period of Application.--An application filed by the
State under subsection (a) shall be for a period not to
exceed 3 years, and may be amended annually as may be
necessary to reflect changes without filing a new
application.
``(c) Audit Rule.--Notwithstanding section 1745 of the
Omnibus Budget Reconciliation Act of 1981, local educational
agencies receiving less than an average of $5,000 each under
this section need not be audited more frequently than once
every 5 years.
``Subpart 3--Local Targeted Assistance Programs
``SEC. 2231. TARGETED USE OF FUNDS.
``(a) General Rule.--Funds allocated for use under this
subpart shall be used by local educational agencies for
targeted assistance described in subsection (b).
``(b) Targeted Assistance.--The targeted assistance
programs referred to in subsection (a) include--
``(1) technology related to the implementation of school-
based reform programs, including professional development to
assist teachers and other school officials regarding how to
use effectively such equipment and software;
``(2) instructional and educational materials, assessments,
and library services and materials (including media
materials) tied to high academic standards and which are part
of an overall education reform program;
``(3) promising education reform projects, including
effective schools and 21st Century Learning Center school
projects in accordance with subpart 4; and
``(4) computer hardware and software purchased under this
section should be used only for instructional purposes.
``SEC. 2232. ADMINISTRATIVE AUTHORITY.
``In order to conduct the activities authorized by this
part, each State or local educational agency may use funds
reserved for
[[Page 419]]
this part to make grants to and to enter into contracts with
local educational agencies, institutions of higher education,
libraries, museums , and other public and private nonprofit
agencies, organizations, and institutions.
``SEC. 2233. LOCAL APPLICATIONS.
``(a) Contents of Application.--A local educational agency
or consortia of local educational agencies may receive an
allocation of funds under this subpart for any year for which
an application is submitted to the State educational agency
and such application is certified to meet the requirements of
this section. The State educational agency shall certify any
such application if such application--
``(1)(A) sets forth the planned allocation of funds among
targeted assistance programs described in section 2231 of
this part and describes the programs, projects and activities
designed to carry out such targeted assistance which it
intends to support, together with the reasons for selection
of such programs, projects and activities; and
``(B) sets forth the allocation of such funds required to
implement section 2252;
``(2) describes how assistance under this section will
contribute to meeting the National Education Goals and
improving student achievement or improving the quality of
education for students;
``(3) provides assurances of compliance with the provisions
of this part, including the participation of children
enrolled in private, nonprofit schools in accordance with
section ______;
``(4) agrees to keep such records, and provide such
information to the State educational agency as may reasonably
be required for fiscal audit and program evaluation,
concession with the responsibilities of the State agency
under this part; and
``(5) provides in the allocation of funds for the
assistance authorized by this part, and in the design,
planning and implementation of such programs, for systematic
consultation with parents of children attending elementary
and secondary schools in the area served by the local
education agency, with teachers and administrative personnel
in such schools, and with other groups involved in the
implementation of this section (such as librarians, school
counselors, and other pupil services personnel) as may be
considered appropriate by the local educational agency.
``(b) Period of Application.--An application filed by a
local educational agency under subsection (a) shall be for a
period not to exceed 3 fiscal years, may provide for the
allocation of funds to programs for a period of 3 years, and
may be amended annually as may be necessary to reflect
changes without filing a new application.
``(c) Local Educational Agency Discretion.--Subject to the
limitations and requirements of this part, a local
educational agency shall have complete discretion in
determining how funds under this subpart shall be divided
among the areas of targeted assistance. In exercising such
discretion, a local educational agency shall ensure that
expenditures under this subpart carry out the purposes of
this subpart and are used to meet the educational needs
within the schools of such local educational agency.
``Subpart 4--21st Century Community Learning Centers
``SEC. 2241. FINDINGS.
``The Congress finds that--
``(1) there are influences outside of school which affect
the ability of a child to achieve academically and schools
are in a unique position to identify student and family needs
to coordinate programs;
``(2) access to health and social service programs can
assist children and their families to improve the ability of
the family to take an active role in their child's education;
``(3) coordination of health and social service programs
with education can help the Nation meet the National
Education Goals and ensure better outcomes for children;
``(4) the high technology, global economy of the 21st
century will require lifelong learning to keep America's
workforce competitive and successful;
``(5) 21st Century Community Learning Centers enable the
entire community to develop an education strategy that
addresses the educational needs of all members of local
communities; and
``(6) local public schools should provide centers for
lifelong learning and educational opportunities for
individuals of all ages.
``SEC. 2242. FUNDS FOR COMMUNITY LEARNING CENTERS.
``(a) In General.--Local educational agencies may use funds
provided under section 2212 to pay the Federal share of the
cost for enabling schools to serve as centers for the
delivery of education and human services for members of a
community.
``(b) Uses of Funds.--Local educational agencies may use
funds provided under section 2212 for projects described
under this subpart.
``SEC. 2243. PROGRAMS.
``Local educational agencies that receive funds under this
subpart may develop programs that include--
``(1) literacy education programs;
``(2) senior citizen programs;
``(3) children's day care services;
``(4) integrated education, health, social service,
recreational, or cultural programs;
``(5) summer and weekend school programs in conjunction
with summer recreation programs;
``(6) nutrition programs;
``(7) expanded library service hours to serve community
needs;
``(8) telecommunications and technology education programs
for all ages;
``(9) parenting skills education programs;
``(10) support and training for child day care providers;
``(11) employment counseling, training, and placement;
``(12) services for students who withdraw from school
before graduating high school, regardless of age; and
``(13) services for individuals who are either physically
or mentally challenged.
``SEC. 2244. REQUIREMENTS.
``A local educational agency that uses funds to develop
programs under this subpart shall, at the end of the first
year for which funds are used for this purpose, provide
information to the State educational agency which describes
the activities and projects established with funds under this
subpart and includes--
``(1) information on the comprehensive local plan that
enables such school to serve as a center for the delivery of
education and human services for members of a community; and
``(2) information on the initial evaluation of needs,
available resources, and goals and objectives for the
proposed community education program and how such evaluation
was used to determine the program developed to address such
needs; including--
``(A) the mechanism used to disseminate information in a
manner understandable and accessible to the community;
``(B) identification of Federal, State, and local programs
merged or coordinated so that public resources could be
maximized;
``(C) a description of the collaborative efforts of
community-based organizations, related public agencies,
businesses, or other appropriate organizations;
``(D) a description of how the school will assist as a
delivery center for existing and new services; and
``(E) the establishment of the facility utilization policy
that specifically states rules and regulations for building
and equipment use and supervision guidelines.
``SEC. 2245. DEFINITION.
``For purposes of this subpart, the term `Community
Learning Center' means the provision of educational,
recreational, health, and social service programs for
residents of all ages of a local community in public school
buildings, primarily in rural and inner city areas, operated
by the local educational agency in conjunction with local
governmental agencies, businesses, vocational education
programs, community colleges, universities, cultural,
recreational, and other community and human service entities.
``Subpart 5--General Administrative Provisions
``SEC. 2251. MAINTENANCE OF EFFORT; FEDERAL FUNDS
SUPPLEMENTARY.
``(a) Maintenance of Effort.--(1) Except as provided in
paragraph (2), a State is entitled to receive its full
allocation of funds under this part for any fiscal year if
the Secretary finds that either the combined fiscal effort
per student or the aggregate expenditures within the State
with respect to the provision of free public education for
the preceding fiscal year was not less than 90 percent of
such combined fiscal effort or aggregate expenditures for the
second preceding fiscal year.
``(2) The Secretary shall reduce the amount of the
allocation of funds under this part in any fiscal year in the
exact proportion to which the State fails to meet the
requirements of paragraph (1) by falling below 90 percent of
both the fiscal effort per student and aggregate expenditures
(using the measure most favorable to the State), and no such
lesser amount shall be used for computing the effort required
under paragraph (1) for subsequent years.
``(3) The Secretary may waive, for 1 fiscal year only, the
requirements of this subsection if the Secretary determines
that such a waiver would be equitable due to exceptional or
uncontrollable circumstances such as a natural disaster or a
precipitous and unforeseen decline in the financial resources
of the State.
``(b) Federal Funds Supplementary.--A State or local
educational agency may use and allocate funds received under
this part only so as to supplement and, to the extent
practical, increase the level of funds that would, in the
absence of Federal funds made available under this part, be
made available from non-Federal sources, and in no case may
such funds be used so as to supplant funds from non-Federal
sources.
``SEC. 2252. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE
SCHOOLS.
``(a) Participation on Equitable Basis.--(1) To the extent
consistent with the number of children in the school district
of a local educational agency which is eligible to receive
funds under this part or which serves the area in which a
program or project assisted under this part is located who
are enrolled in private nonprofit elementary and secondary
schools, or with respect to instructional or personnel
training programs funded by the State educational agency from
funds reserved for State use, such agency, after consultation
with appropriate private school officials, shall provide for
the benefit of such children in such schools secular,
neutral, and nonideological services, materials, and
equipment, including the participation of the teachers of
such children (and other educational personnel serving such
children) in training programs, and the repair, minor
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remodeling, or construction of public facilities as may be
necessary for their provision (consistent with subsection (c)
of this section), or, if such services, materials, and
equipment are not feasible or necessary in one or more such
private schools as determined by the local educational agency
after consultation with the appropriate private school
officials, shall provide such other arrangements as will
assure equitable participation of such children in the
purposes and benefits of this part.
``(2) If no program or project is carried out under
subsection (a)(1) of this section in the school district of a
local educational agency, the State educational agency shall
make arrangements, such as through contracts with nonprofit
agencies or organizations, under which children in private
schools in that district are provided with services and
materials to the extent that would have occurred if the local
educational agency had received funds under this part.
``(3) The requirements of this section relating to the
participation of children, teachers, and other personnel
serving such children shall apply to programs and projects
carried out under this part by a State or local educational
agency, whether directly or through grants to or contracts
with other public or private agencies, institutions, or
organizations.
``(b) Equal Expenditures.--Expenditures for programs
pursuant to subsection (a) shall be equal (consistent with
the number of children to be served) to expenditures for
programs under this part for children enrolled in the public
schools of the local educational agency, taking into account
the needs of the individual children and other factors which
relate to such expenditures, and when funds available to a
local educational agency under this part are used to
concentrate programs or projects on a particular group,
attendance area, or grade or age level, children enrolled in
private schools who are included within the group, attendance
area, or grade or age level selected for such concentration
shall, after consultation with the appropriate private school
officials, be assured equitable participation in the purposes
and benefits of such programs or projects.
``(c) Funds.--(1) The control of funds provided under this
part, and title to materials, equipment, and property
repaired, remodeled, or constructed therewith, shall be in a
public agency for the uses and purposes provided in this
part, and a public agency shall administer such funds and
property.
``(2) The provision of services pursuant to this section
shall be provided by employees of a public agency or through
contract by such public agency with a person, an association,
agency, or corporation who or which, in the provision of such
services, is independent of such private school and of any
religious organizations, and such employment or contract
shall be under the control and supervision of such public
agency, and the funds provided under this part shall not be
commingled with State or local funds.
``(d) State Prohibition Waiver.--If by reason of any
provision of law a State or local educational agency is
prohibited from providing for the participation in programs
of children enrolled in private elementary and secondary
schools, as required by this section, the Secretary shall
waive such requirements and shall arrange for the provision
of services to such children through arrangements which shall
be subject to the requirements of this section.
``(e) Waiver and Provision of Services.--(1) If the
Secretary determines that a State or a local educational
agency has substantially failed or is unwilling to provide
for the participation on an equitable basis of children
enrolled in private elementary and secondary schools as
required by this section, the Secretary may waive such
requirements and shall arrange for the provision of services
to such children through arrangements which shall be subject
to the requirements of this section.
``(2) Pending final resolution of any investigation or
complaint that could result in a determination under this
subsection or subsection (d), the Secretary may withhold from
the allocation of the affected State or local educational
agency the amount estimated by the Secretary to be necessary
to pay the cost of those services.
``(f) Determination.--Any determination by the Secretary
under this section shall continue in effect until the
Secretary determines that there will no longer be any failure
or inability on the part of the State or local educational
agency to meet the requirements of subsections (a) and (b).
``(g) Payment From State Allotment.--When the Secretary
arranges for services pursuant to this section, the Secretary
shall, after consultation with the appropriate public and
private school officials, pay the cost of such services,
including the administrative costs of arranging for those
services, from the appropriate allotment of the State under
this part.
``(h) Review.--(1) The Secretary shall not take any final
action under this section until the State educational agency
and the local educational agency affected by such action have
had an opportunity, for at least 45 days after receiving
written notice thereof, to submit written objections and to
appear before the Secretary or the Secretary's designee to
show cause why that action should not be taken.
``(2) If a State or local educational agency is
dissatisfied with the Secretary's final action after a
proceeding under paragraph (1) of this subsection, it may,
within 60 days after notice of such action, file with the
United States court of appeals for the circuit in which such
State is located a petition for review of that action. A copy
of the petition shall be forthwith transmitted by the clerk
of the court to the Secretary. The Secretary thereupon shall
file in the court the record of the proceedings on which the
Secretary based this action, as provided in section 2112 of
title 28, United States Code.
``(3) The findings of fact by the Secretary, if supported
by substantial evidence, shall be conclusive; but the court,
for good cause shown, may remand the case to the Secretary to
take further evidence and the Secretary may thereupon make
new or modified findings of fact and may modify the
Secretary's previous action, and shall file in the court the
record of the further proceedings. Such new or modified
findings of fact shall likewise be conclusive if supported by
substantial evidence.
``(4) Upon the filing of such petition, the court shall
have jurisdiction to affirm the action of the Secretary or to
set it aside, in whole or in part. The judgment of the court
shall be subject to review by the Supreme Court of the United
States upon certiorari or certification as provided in
section 1254 of title 28, United States Code.
``SEC. 2253. EVALUATIONS AND REPORTING.
``(a) Local Educational Agencies.--A local educational
agency which receives financial assistance under this part
shall report annually to the State educational agency on the
use of funds under section 2431. Such reporting shall be
carried out in a manner which minimizes the amount of
paperwork required while providing the State educational
agency with the necessary information under the preceding
sentence. Such report shall be made available to the public.
``(b) State Educational Agencies.--A State educational
agency which receives financial assistance under this part
shall evaluate the effectiveness of State and local programs
under this part in accordance with section 2423(a)(4)(B).
That evaluation shall be submitted for review and comment by
the State advisory committee and shall be made available to
the public. The State educational agency shall submit to the
Secretary a copy of the evaluation and a summary of the
reports under subsection (a).
``(c) Reports.--(1) The Secretary, in consultation with
State and local educational agency representatives, shall
develop a model system which State educational agencies may
use for data collection and reporting under this part.
``(2)(A) The Secretary shall submit annually a report to
the Congress for the use of funds, the types of services
furnished, and the students served under this part.
``(B) The Secretary shall not later than October 1, 1998,
submit a report to the Congress summarizing evaluations under
subsection (b) in order to provide a national overview of the
uses of funds and effectiveness of programs under this part.
``SEC. 2254. FEDERAL ADMINISTRATION.
``(a) Technical Assistance.--The Secretary, upon request,
shall provide technical assistance to State and local
educational agencies under this part.
(b) Rulemaking.--The Secretary shall issue regulations
under this part only to the extent that such regulations are
necessary to ensure that there is compliance with the
specific requirements and assurances required by this part.
(c) Availability of Appropriations.--Notwithstanding any
other provision of law, unless expressly in limitation of
this subsection, funds appropriated in any fiscal year to
carry out activities under this part shall become available
for obligation on July 1 of such fiscal year and shall remain
available for obligation until the end of the subsequent
fiscal year.
``SEC. 2255. APPLICATION OF GENERAL EDUCATION PROVISIONS ACT.
``(a) General Rule.--Except as otherwise specifically
provided by this section, the General Education Provisions
Act shall apply to the programs authorized by this part.
``(b) Applicability.--The following provisions of the
General Education Provisions Act shall be superseded by the
specified provisions of this part with respect to the
programs authorized by this part:
``(1) Section 410(a)(1) of the General Education Provisions
Act is superseded by section 2254(b) of this part.
``(2) Section 433(a) of such Act is superseded by section
2254(a) of this part.
``(3) Section 436 of such Act is superseded by sections
2223 and 2233 of this part.
(c) Special Rule.--Sections 440, 441, and 442 of the
General Education Provisions Act, except to the extent that
such sections relate to fiscal control and fund accounting
procedures, may not apply to the programs authorized by this
part and shall not be construed to authorize the Secretary to
require any reports or take any actions not specifically
authorized by this part.
``PART C--SUPPORT AND ASSISTANCE FOR ESEA PROGRAMS
``SEC. 2301. FINDINGS.
``The Congress finds that--
``(1) high-quality technical assistance can enhance the
improvements in teaching and learning achieved through the
implementation of programs under this Act;
``(2) comprehensive technical assistance is an essential
ingredient of the overall strategy of the 1994
reauthorization of this Act to improve programs and to
provide all children opportunities to meet challenging State
performance standards;
``(3) States, local educational agencies, and schools
serving students with special needs,
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such as students with limited English proficiency, have great
need for comprehensive technical assistance in order to use
funds under this Act to provide such students with
opportunities to meet challenging State standards;
``(4) current technical assistance efforts are fragmented
and categorical in nature, and thus fail to address
adequately the needs of States and local educational agencies
for help in integrating into a coherent strategy for
improving teaching and learning the various programs under
this Act with State and local programs and other education
reform efforts;
``(5) too little creative use is made of technology as a
means of providing information and assistance in a cost-
effective way;
``(6) comprehensive technical assistance can help schools
and school systems focus on improving opportunities for all
children to reach challenging State performance standards, as
they implement programs under this Act;
``(7) comprehensive technical assistance would provide
`one-stop shopping' to help States, local educational
agencies, participating colleges and universities, and
schools integrate Federal, State, and local education
programs in ways that contribute to improving schools and
entire school systems; and
``(8) technical assistance in support of programs under
this Act should be coordinated with the Department's regional
offices, the regional educational laboratories, and other
technical assistance efforts supported by the Department.
``SEC. 2302. PURPOSE.
``The purpose of this part is to make available to States,
local educational agencies, schools, and other recipients of
funds under this Act technical assistance in--
``(1) administering and implementing programs authorized by
this Act in a manner that is consistent with State and local
plans under the Goals 2000: Educate America Act; and
``(2) coordinating those programs with other Federal,
State, and local education activities, so that all students
are provided opportunities to meet challenging State
performance standards.
``SEC. 2303. PROGRAM AUTHORIZED.
``(a) Comprehensive Regional Centers.--The Secretary is
authorized to establish one center in each of the
Department's ten regions to provide comprehensive technical
assistance to States, local educational agencies, schools,
and other recipients of funds under this Act in their
administration and implementation of programs authorized by
this Act. In allocating resources among the centers, the
Secretary shall consider the geographic distribution of
students with special needs.
``(b) Technology-Based Technical Assistance.--The Secretary
is also authorized to provide a technology-based technical
assistance service that will--
``(1) support the administration and implementation of
programs authorized by this Act by providing information,
including legal and regulatory information, and technical
guidance and information about best practices; and
``(2) be accessible to all States, local educational
agencies, schools, and others who are recipients of funds
under this Act.
``SEC. 2304. ELIGIBLE ENTITIES.
``The Secretary may carry out this part directly or through
grants to, or contracts or cooperative agreements with,
public or private agencies or organizations or consortia of
those agencies and organizations.
``SEC. 2305. COMPREHENSIVE REGIONAL CENTERS.
``Each comprehensive regional center established under
section 2203(a) shall--
``(1) maintain staff expertise in at least all of the
following areas:
``(A) Instruction, curriculum improvement, school reform,
and other aspects of title I of this Act.
``(B) Development and operation of successful schoolwide
programs under title I of this Act, including integrating
programs to serve children in high-poverty areas, migratory
children, children with limited English proficiency,
neglected and delinquent children, homeless children and
youth, Indian children, and children with disabilities.
``(C) Meeting the needs of children served under this Act,
including children in high-poverty areas, migratory children,
children with limited English proficiency, neglected or
delinquent children, homeless children and youth, Indian
children, and children with disabilities.
``(D) Professional development for teachers, other school
staff, and administrators to help students meet challenging
State performance standards.
``(E) Bilingual education, including programs that
emphasize English and native language proficiency, and
promote multicultural understanding.
``(F) Safe and drug-free schools.
``(G) Educational applications of technology.
``(H) Parent involvement and participation.
``(I) The reform of schools and school systems.
``(J) Program evaluation;
``(2) ensure that technical assistance staff have
sufficient training, knowledge, and expertise in how to
integrate and coordinate programs under this Act with each
other, as well as with other Federal, State, and local
programs and reforms;
``(3) work collaboratively with the Department's regional
offices;
``(4) provide technical assistance using the highest
quality and most cost-effective strategies possible;
``(5) provide information and assistance regarding
exemplary and promising practices;
``(6) work collaboratively, and coordinate the services it
provides, with the general reform assistance provided by the
regional educational laboratories supported by the Office of
Educational Research and Improvement; and
``(7) consult with representatives of State educational
agencies, local educational agencies, and populations served
under this Act.
``SEC. 2306. INFORMATION COLLECTION AND EVALUATION.
``The Secretary shall evaluate activities under this part
to determine their effectiveness in advancing the purposes of
this part, and report to the President and Congress on the
effectiveness of such activities.
``SEC. 2307. TRANSITION.
``(a) General.--The Secretary may use funds appropriated
for this part for fiscal year 1995 in such manner as the
Secretary finds necessary in order to ensure a smooth
implementation of this part.
``(b) Extension of Previous Centers.--In accordance with
subsection (a), and notwithstanding any other provisions of
law, the Secretary may use such funds for existing contracts
and to extend the award of any categorical technical
assistance center under this Act that was in operation on the
day before enactment of the Improving America's Schools Act
of 1993.
``SEC. 2308. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this part, there are
authorized to be appropriated $70,000,000 for fiscal year
1995 and such sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.
``PART D--TECHNOLOGY FOR EXCELLENCE
``SEC. 2411. SHORT TITLE.
``This part may be cited as the `Technology for Excellence
in Education Act'.
``SEC. 2412. DEFINITIONS.
``(a) In General.--The terms used in this part, unless
otherwise specified, shall have the same meaning given to
such terms in section 9101 of this Act.
``(b) Additional Definitions.--For the purposes of this
part--
``(1) the term `Director' means the Director of Educational
Technology as established in subpart 1; and
``(2) the term `educational technology' includes closed
circuit television systems, public telecommunications
entities, cable television, satellite, copper and fiber optic
transmission, computer hardware and software, video and audio
laser, and CD ROM disc, video and audio tapes, and other
technologies related to educational services.
``Subpart 1--National Leadership for Educational Technology
``SEC. 2421. PURPOSES.
``The purposes of this subpart are--
``(1) to establish a national agenda for the use of
technology in education to assist all students in attaining
world-class academic standards as a means to increasing
academic achievement and learning and reaching the National
Education Goals;
``(2) to assure that all children in the United States
start school ready to learn;
``(3) to increase the high school graduation rate to at
least 90 percent;
``(4) to provide all students the opportunity to
demonstrate competency in challenging subject matter in core
areas and ensure that all students learn to use their minds
well;
``(5) to increase the mathematics and science achievement
of all students;
``(6) to provide the opportunity for all adult Americans to
achieve literacy;
``(7) to ensure that every school in the United States is
free of drugs and violence and will offer a disciplined
environment conducive to learning;
``(8) to coordinate Federal programs--whose support already
accounts for 50 percent of all funds used by schools to
purchase software, integrated learning systems, and
hardware--that provide for the development, purchase, or use
of technology in education, including programs administered
by the Department of Education and those administered by
other Federal Departments;
``(9) to develop national standards and guidelines for
State and local educational agencies to guide future projects
and coordinate existing projects to ensure the compatibility
of education-related computer and telecommunications networks
on a national level; and
``(10) to permit funds distributed to the States and
localities under existing Federal programs to be used for
education-related technology purposes.
``SEC. 2422. DIRECTOR OF EDUCATIONAL TECHNOLOGY.
``The Secretary shall appoint a Director of Educational
Technology within the Department of Education. The Director
shall be compensated at an annual rate of not less than a
level GS-15 employee under section 5332 of title 5, United
States Code.
``SEC. 2423. DUTIES OF DIRECTOR.
``(a) Duties.--The duties of the Director of Educational
Technology are--
``(1) to provide national leadership regarding the use of
technology in education at all levels in achieving the
National Education Goals, including--
``(A) submission of an annual report to Congress regarding
education-related technology use and recommendations for the
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continuation of current and the development of future uses of
technology to achieve the National Education Goals;
``(B) promotion of the use of technology to achieve the
National Education Goals in programs that receive Federal
assistance, particularly programs under titles I and II of
this Act;
``(C) the development of support programs designed to
increase the access of all children, particularly
disadvantaged children from rural and urban poverty areas, to
high-level learning through the use of quality technologies;
and
``(D) the support of research, development, evaluation, and
dissemination of educational technologies;
``(2) to provide a mechanism for coordinating existing
Federal programs across agencies to encourage joint funding,
planning, and implementation of projects;
``(3) to provide a mechanism for the development of
standards and guidelines for State and local educational
agencies in conjunction with industry to ensure the
compatibility of educational computer and telecommunications
networks on a national level; and
``(4) to provide support and training programs to educators
in the use of technology to help obtain the National
Education Goals.
``Subpart 2--State Planning Grants
``SEC. 2431. PURPOSES.
``The purposes of this subpart are--
``(1) to ensure that State educational agencies have a
clear, long-term strategic plan for incorporating the use of
technology in education; and
``(2) to allow States which have developed a State
technology plan to allocate planning funds to local
educational agencies to implement strategies developed in
such plan.
``SEC. 2432. STATE PLANNING GRANTS.
``The Secretary of Education is authorized to provide a
one-time competitive grant to State educational agencies 50
percent of which shall be allocated in accordance with the
relative amount the State received under title 1 of this Act
for the preceding fiscal year and 50 percent of which shall
be allocated in accordance with the relative amount the State
received under part B of this title for the preceding fiscal
year.
``SEC. 2433. AUTHORIZED ACTIVITIES.
``(a) State Plans.--A State educational agency which
receives a grant under this subpart shall not later than 1
year after receipt of funds under this subpart undertake
public hearings and complete a comprehensive State plan which
includes--
``(1) overall strategic goals for the use of technology in
education at all levels within the State;
``(2) a 5-year standards and assessment process to measure
progress toward the goals in paragraph (1);
``(3) a follow-up 10-year standards and assessment process
to measure progress toward the goals in paragraph (1);
``(4) guidelines for local educational agencies for the
incorporation of educational technology into institutions of
education at all levels;
``(5) a plan for the dissemination and sharing of
information to local educational agencies about innovative
and cost-effective uses of educational technology;
``(6) a plan for training educational personnel in the use
of technology in the classroom;
``(7) a coordination plan providing mechanisms for the use
of educational technology to assist existing and future
education reform efforts at both the State and local levels;
and
``(8) a plan to leverage public and private support for the
funding and provision of educational technology in a cost-
effective manner to institutions of education at all levels.
``(b) Demonstration Subgrants.--States that have completed
the State technology plan under subsection (a) may allocate
funds received under this section as competitive subgrants to
local educational agencies to implement strategies in such
plan following the procedures in subpart 3.
``SEC. 2434. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $10,000,000 for
fiscal year 1994 and such sums for fiscal years 1995-1999 to
carry out the purposes of this subpart.
``Subpart 3--Local Challenge Grants
``SEC. 2441. PURPOSE.
``The purposes of this subpart are--
``(1) to challenge local communities to incorporate
quality, innovative educational technology in their education
systems at all levels; and
``(2) to provide practical models of educational technology
as provided for in the goals and guidelines under the State
plans required in subpart 2.
``SEC. 2442. GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) In General.--(1) The Secretary is authorized to
provide grants to State educational agencies for the use by
local educational agencies of 3-year competitive
demonstration grants to implement State technology plans.
``(2) Such grants may be awarded only to States which have
completed the State technology plan required by subpart 2.
The Secretary may waive this requirement if a State has a
plan in place which meets the criteria established in subpart
2.
``(3) The State shall give priority consideration to
demonstration programs that provide access to quality
educational technology to disadvantaged urban and rural
areas.
``(4) The State shall give priority consideration to
demonstration programs that may be replicated in other areas
throughout the Nation.
``(b) Dissemination of Model Programs.--The Secretary shall
reserve not more than 5 percent of the funds authorized under
this title to allow the Director of Educational Technology to
disseminate effective models of the use of high-quality
educational technology on a national basis.
``(c) Matching Requirement.--(1) The Federal share under
this subpart may not exceed--
``(A) 100 percent of the total cost of a program for the
first year for which a State receives funds under this
subpart;
``(B) 85 percent of the total cost of a program for the
second year for which a State receives funds under this
subpart;
``(C) 60 percent of the total cost of a program for the
third year for which a State receives funds under this
subpart;
``(D) 45 percent of the total cost of a program for the
fourth year for which a State receives funds under this
subpart; and
``(E) 33 percent of the total cost of a program for the
fifth and any succeeding year for which a State receives
funds under this subpart.
``(2) The remaining cost may be provided in cash or in
kind, fairly evaluated, and may be obtained from any source
other than funds made available for programs under this
subpart.
``SEC. 2443. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $25,000,000 for
fiscal year 1994 and such sums as may be necessary to carry
out the projects under this subpart for each of the fiscal
years 1995 through 1999.
``Subpart 4--Star Schools Program
``SEC. 2451. FINDINGS.
``The Congress finds that--
``(1) the Star Schools program has helped to encourage the
use of distance learning strategies to serve multi-State
regions primarily by means of satellite and broadcast
television;
``(2) in general, distance learning programs have been used
effectively to provide students in small, rural, and isolated
schools with courses and instruction, such as science and
foreign language instruction, that the local educational
agency would not otherwise have been able to provide; and
``(3) distance learning programs could also be used to--
``(A) provide students in all types of schools and local
educational agencies with greater access to high-quality
instruction in the full range of core academic subjects that
would enable them to meet challenging, internationally
competitive, educational standards;
``(B) expand professional development opportunities for
teachers;
``(C) contribute to achievement of the National Education
Goals; and
``(D) expand learning opportunities for everyone.
``SEC. 2452. STATEMENT OF PURPOSE.
``The purpose of this subpart is to encourage the expansion
and use of distance learning programs and technologies to
help--
``(1) improve teaching and learning;
``(2) achieve the National Education Goals;
``(3) all students learn to challenging State content
standards; and
``(4) increase participation in State and local educational
reform.
``SEC. 2453. PROGRAM AUTHORIZED.
``(a) Star School Awards.--The Secretary is authorized, in
accordance with this subpart, to make grants to eligible
entities for the Federal share of the cost of providing
distance learning programs, including--
``(1) developing, constructing, and acquiring
telecommunications facilities and equipment;
``(2) developing and acquiring instructional programming;
and
``(3) providing technical assistance regarding the use of
such facilities and instructional programming.
``(b) Authorization of Appropriations.--For the purpose of
carrying out this subpart, there are authorized to be
appropriated such sums as may be necessary for each of the
fiscal years 1995 through 1999.
``(c) Limitations.--(1) A grant under this section shall
not exceed--
``(A) five years in duration; and
``(B) $10,000,000 in any one fiscal year.
``(2) Not less than 25 percent of the funds available to
the Secretary for any fiscal year under this subpart shall be
used for the cost of instructional programming.
``(3) Not less than 50 percent of the funds available to
the Secretary for any fiscal year under this subpart shall be
used for the cost of facilities, equipment, teacher training
or retraining, technical assistance, or programming, for
local educational agencies that are eligible to receive
assistance under part A of title I of this Act.
``(d) Federal Share.--(1) The Federal share of the cost of
projects funded under this section shall not exceed 75
percent for the first and second years of the award, 60
percent for the third and fourth years, and 50 percent for
the fifth year.
``(2) The Secretary may reduce or waive the requirement of
the non-Federal share under paragraph (1) upon a showing of
financial hardship.
``(e) Authority To Accept Funds From Other Agencies.--The
Secretary is authorized to accept funds from other agencies
to
[[Page 423]]
carry out the purposes of this section, including funds for
the purchase of equipment.
``SEC. 2454. ELIGIBLE ENTITIES.
``(a) Eligible Entities.--(1) The Secretary may make a
grant under section 2221 to any eligible entity, provided
that at least one local educational agency is participating
in the proposed project.
``(2) An eligible entity may include--
``(A) a public agency or corporation established for the
purpose of developing and operating telecommunications
networks to enhance educational opportunities provided by
educational institutions, teacher training centers, and other
entities, except that any such agency or corporation shall
represent the interests of elementary and secondary schools
that are eligible to participate in the program under part A
of title I of this Act; or
``(B) any two or more of the following, which will provide
a telecommunications network:
``(i) a local educational agency that has a significant
number of elementary and secondary schools that are eligible
for assistance under part A of title I of this Act, or
elementary and secondary schools operated or funded for
Indian children by the Department of the Interior eligible
under section 1121(b)(1) of this Act;
``(ii) a State educational agency;
``(iii) an institution of higher education or a State
higher education agency;
``(iv) a teacher training center or academy that--
``(I) provides teacher pre-service and in-service training;
and
``(II) receives Federal financial assistance or has been
approved by a State agency;
``(v)(I) a public or private entity with experience and
expertise in the planning and operation of a
telecommunications network, including entities involved in
telecommunications through satellite, cable, telephone, or
computer; or
``(II) a public broadcasting entity with such experience;
or
``(vi) a public or private elementary or secondary school.
``SEC. 2455. APPLICATIONS.
``(a) General Requirement.--Each eligible entity that
desires to receive a grant under this subpart shall submit an
application to the Secretary in such form, at such time, and
containing such information and assurances as the Secretary
may require.
``(b) Star School Award Applications.--Each application for
a grant authorized under section 2221 shall--
``(1) describe--
``(A) how the proposed project will assist in achieving the
National Education Goals set out in title I of the Goals
2000: Educate America Act, how it will assist all students to
have an opportunity to learn to challenging State standards,
and how it will assist State and local educational reform
efforts;
``(B) the telecommunications facilities and equipment and
technical assistance for which assistance is sought, which
may include--
``(i) the design, development, construction, and
acquisition of district, multidistrict, State, or multistate
educational telecommunications networks and technology
resource centers;
``(ii) microwave, fiber optics, cable, and satellite
transmission equipment, or any combination thereof;
``(iii) reception facilities, satellite time, production
facilities, and other telecommunications equipment capable of
serving the intended geographic area;
``(iv) the provision of training services to instructors
who will be using the facilities and equipment for which
assistance is sought in using such facilities and equipment,
and in integrating programs into the class curriculum; and
``(v) the development of educational and related
programming for use on a telecommunications network;
``(C) the types of programming that will be developed to
enhance instruction and training, including an assurance that
such programming will be designed in consultation with
professionals who are experts in the applicable subject
matter and grade level;
``(D) how the eligible entity has engaged in sufficient
survey and analysis of the area to be served to ensure that
the services offered by the eligible entity will increase the
availability of courses of instruction in English,
mathematics, science, foreign languages, arts, history,
geography, or other disciplines;
``(E) the professional development policies for teachers
and other school personnel to be implemented to ensure the
effective use of the telecommunications facilities and
equipment for which assistance is sought;
``(F) the manner in which historically underserved students
(such as students from low-income families, limited English
proficient students, disabled students, or students who have
low literacy skills) and their families will participate in
the benefits of the telecommunications facilities, equipment,
technical assistance, and programming assisted under this
subpart;
``(G) how existing telecommunications equipment,
facilities, and services, where available, will be used;
``(H) the activities or services for which assistance is
sought, such as--
``(i) providing facilities, equipment, training services,
and technical assistance;
``(ii) making programs accessible to individuals with
disabilities through mechanisms such as closed captioning and
descriptive video services;
``(iii) linking networks around issues of national
importance (such as elections) or to provide information
about employment opportunities, job training, or student and
other social service programs;
``(iv) sharing curriculum materials between networks;
``(v) providing teacher and student support services;
``(vi) incorporating community resources such as libraries
and museums into instructional programs;
``(vii) providing professional development for teachers,
including, as appropriate, training to early childhood
development and Head Start teachers and staff and vocational
education teachers and staff; and
``(viii) providing programs for adults at times other than
the regular school day in order to maximize the use of
telecommunications facilities and equipment; and
``(I) how the proposed project as a whole will be financed
and how arrangements for future financing will be developed
before the project expires;
``(2) provide an assurance that a significant portion of
any facilities, equipment, technical assistance, and
programming for which assistance is sought for elementary and
secondary schools will be made available to schools in local
educational agencies that have a high percentage of children
counted for the purpose of part A of title I of this Act; and
``(3) provide an assurance that the applicant will provide
such information and cooperate in any evaluation that the
Secretary may conduct under this subpart.
``(c) Priorities.--The Secretary shall, in approving
applications for grants authorized under section 2221, give
priority to applications that--
``(1) propose high-quality plans to assist in achieving one
or more of the National Education Goals as set out in title I
of the Goals 2000: Educate America Act, would provide
instruction consistent with State content standards, or would
otherwise provide significant and specific assistance to
States and local educational agencies undertaking systemic
education reform under title III of the Goals 2000: Educate
America Act; and
``(2) would serve schools with significant numbers of
children counted for the purposes of part A of title I of
this Act.
``(d) Geographic Distribution.--In approving applications
for grants authorized under section 2221, the Secretary
shall, to the extent feasible, ensure an equitable geographic
distribution of services.
``SEC. 2456. LEADERSHIP AND EVALUATION ACTIVITIES.
``(a) Set-Aside.--From amounts appropriated under section
2221(b), the Secretary may reserve up to 10 percent for
national leadership, evaluation, and peer review activities.
``(b) Method of Funding.--The Secretary may fund the
activities described in subsection (a) directly or through
grants, contracts, and cooperative agreements.
``(c) Uses of Funds.--(1) Funds reserved for leadership
activities may be used for--
``(A) disseminating information, including lists and
descriptions of services available from recipients; and
``(B) other activities designed to enhance the quality of
distance learning activities nationwide.
``(2) Funds reserved for evaluation activities shall be
used to conduct independent evaluations of the Star Schools
program under this subpart and of distance learning in
general, including--
``(A) analyses of distance learning efforts, including both
Star Schools projects and efforts not funded by the program
under this subpart; and
``(B) comparisons of the effects, including student
outcomes, of different technologies in distance learning
efforts.
``(3) Funds reserved for peer review activities may be used
for peer review of both proposals and funded projects.
``SEC. 2457. DEFINITIONS.
``For the purpose of this subpart, the following terms have
the following meanings:
``(1) The term `educational institution' means an
institution of higher education, a local educational agency,
or a State educational agency.
``(2) The term `instructional programming' means courses of
instruction and training courses for elementary and secondary
students, teachers, and others, and materials for use in such
instruction and training that have been prepared in audio and
visual form on tape, disc, film, or live, and presented by
means of telecommunications devices.
``(3) The term `public broadcasting entity' has the same
meaning given that term in section 397 of the Communications
Act of 1934.
``Subpart 5--Commission on Technology
``SEC. 2461. ESTABLISHMENT OF COMMISSION.
``The Secretary, in cooperation with the Congressional
Office of Technology Assessment, shall appoint a Commission
that will make recommendations regarding the development and
implementation of technology-based education at the State and
local levels.
``TITLE III--FUND FOR THE IMPROVEMENT OF EDUCATION
``PART A--IMPROVEMENT FUND
``SEC. 3201.
``(a) Fund Authorized.--From funds appropriated under
subsection (d), the Secretary is authorized to support
nationally significant programs and projects to improve the
quality of education, assist all students to meet challenging
standards, and contribute to achievement of the National
Education Goals. The Secretary is authorized to carry
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out such programs and projects directly or through grants to,
or contracts with, State and local education agencies,
institutions of higher education, and other public and
private agencies, organizations, and institutions.
``(b) Uses of Funds.--(1) Funds under this section may be
used for--
``(A) activities that will promote systemic education
reform at the State and local levels, such as--
``(i) research and development related to content and
performance standards for student learning; and
``(ii) the development and evaluation of model strategies
for assessment of student learning, professional development
for teachers and administrators, parent and community
involvement, and other aspects of systemic reform;
``(B) demonstrations at the State and local levels that are
designed to yield nationally significant results, including
approaches to charter schools, public school choice and
school based decision-making;
``(C) joint activities with other agencies to assist the
effort to achieve the National Education Goals, including
activities related to improving the transition from preschool
to school and from school to work;
``(D) activities to promote and evaluate counseling and
mentoring for students, including intergenerational
mentoring;
``(E) activities to promote environmental education;
``(F) activities to assist students to demonstrate
competence in foreign languages;
``(G) studies and evaluation of various education reform
strategies and innovations being pursued by the Federal
Government, States, and local educational agencies;
``(H) the identification and recognition of exemplary
schools and programs, such as Blue Ribbon Schools; and
``(I) other programs and projects that meet the purposes of
this section.
``(2) The Secretary may also use funds under this section
to complete the project periods for direct grants or
contracts awarded under the provisions of the Elementary and
Secondary Education Act of 1965, part B of title III of the
Augustus F. Hawkins-Robert T. Stafford Elementary and
Secondary School Improvement Amendments of 1988, or title III
of the Education for Economic Security Act, as these Acts
were in effect on the day before enactment of the Improving
America's Schools Act of 1993.
``(c) Awards.--(1) The Secretary may make awards under this
section on the basis of competitions announced by the
Secretary and may also support meritorious unsolicited
proposals.
``(2) The Secretary shall ensure that projects and
activities supported under this section are designed so that
their effectiveness is readily ascertainable.
``(3) The Secretary shall use a peer review process in
reviewing applications for grants under this section and may
use funds appropriated under subsection (d) for this purpose.
``(d) Authorization.--For the purpose of carrying out this
section, there are authorized to be appropriated $35,000,000
for fiscal year 1995 and such sums as may be necessary for
each of the fiscal years 1996 through 1999.
``PART B--GIFTED AND TALENTED CHILDREN
``SEC. 3301. SHORT TITLE.
``This part may be cited as the `Jacob K. Javits Gifted and
Talented Students Education Act of 1994'.
``SEC. 3302. FINDINGS AND PURPOSES.
``(a) Findings.--The Congress finds and declares that--
``(1) all students can learn to high standards and must
develop their talents and realize their potential if the
United States is to prosper;
``(2) gifted and talented students are a national resource
vital to the future of the Nation and its security and well-
being;
``(3) too often schools fail to challenge students to do
their best work, and students who are not challenged will not
learn to high standards, fully develop their talents, and
realize their potential;
``(4) unless the special abilities of gifted and talented
students are recognized and developed during their elementary
and secondary school years, much of their special potential
for contributing to the national interest is likely to be
lost;
``(5) gifted and talented students from economically
disadvantaged families and areas, and students of limited
English proficiency are at greatest risk of being
unrecognized and of not being provided adequate or
appropriate educational services;
``(6) State and local educational agencies and private
nonprofit schools often lack the necessary specialized
resources to plan and implement effective programs for the
early identification of gifted and talented students for the
provision of educational services and programs appropriate to
their special needs;
``(7) the Federal Government can best carry out the limited
but essential role of stimulating research and development
and personnel training and providing a national focal point
of information and technical assistance that is necessary to
ensure that the Nation's schools are able to meet the special
educational needs of gifted and talented students, and
thereby serve a profound national interest; and
``(8) the experience and knowledge gained in developing and
implementing programs for gifted and talented students can
and should be used as a basis to develop a rich and
challenging curriculum for all students.
``(b) Statement of Purpose.--
``(1) It is the purpose of this part to provide financial
assistance to State and local educational agencies,
institutions of higher education, and other public and
private agencies and organizations, to initiate a coordinated
program of research, demonstration projects, personnel
training, and similar activities designed to build a
nationwide capability in elementary and secondary schools to
meet the special educational needs of gifted and talented
students. In addition, the purpose of this part is to
encourage the development of rich and challenging curricula
for all students through the appropriate application and
adaptation of materials and instructional methods developed
under this part.
``(2) It is also the purpose of this part to supplement and
make more effective the expenditure of State and local funds,
for the education of gifted and talented students.
``SEC. 3303. DEFINITIONS.
``For purposes of this part, the term `gifted and talented
students' means children and youth who give evidence of high
performance capability in areas such as intellectual,
creative, artistic, or leadership capacity, or in specific
academic fields, and who require services or activities not
ordinarily provided by the school in order to fully develop
such capabilities.
``SEC. 3304. AUTHORIZED PROGRAMS.
``(a) Establishment of Program.--
``(1) From the sums appropriated under section 3308 in any
fiscal year the Secretary (after consultation with experts in
the field of the education of gifted and talented students)
shall make grants to or enter into contracts with State
educational agencies, local educational agencies,
institutions of higher education, or other public agencies
and private agencies and organizations (including Indian
tribes and organizations as defined by the Indian Self-
Determination and Education Assistance Act and Hawaiian
native organizations) to assist such agencies, institutions,
and organizations which submit applications in carrying out
programs or projects authorized by this Act that are designed
to meet the educational needs of gifted and talented
students, including the training of personnel in the
education of gifted and talented students and in the use,
where appropriate, of gifted and talented services,
materials, and methods for all students.
``(2) Applications for funds must include a section on how
the proposed gifted and talented services, materials, and
methods could be adapted, if appropriate, for use by all
students and a section on how the proposed programs can be
evaluated.
``(b) Uses of Funds.--Programs and projects assisted under
this section may include--
``(1) professional development (including fellowships) for
personnel (including leadership personnel) involved in the
education of gifted and talented students;
``(2) establishment and operation of model projects and
exemplary programs for serving gifted and talented students,
including innovative methods for identifying and educating
students who may not be served by traditional gifted and
talented programs, summer programs, mentoring programs,
service learning programs, and cooperative programs involving
business, industry, and education;
``(3) training of personnel involved in gifted and talented
programs with respect to the impact of gender role
socialization on the educational needs of gifted and talented
children and in gender equitable education methods,
techniques, and practices;
``(4) strengthening the capability of State educational
agencies and institutions of higher education to provide
leadership and assistance to local educational agencies and
nonprofit private schools in the planning, operation, and
improvement of programs for the identification and education
of gifted and talented students and the appropriate use of
gifted and talented programs and methods to serve all
students;
``(5) programs of technical assistance and information
dissemination which would include how gifted and talented
programs and methods, where appropriate, could be adapted for
use by all students; and
``(6) carrying out--
``(A) research on methods and techniques for identifying
and teaching gifted and talented students, and for using
gifted and talented programs and methods to serve all
students; and
``(B) program evaluations, surveys, and the collection,
analysis, and development of information needed to accomplish
the purposes of this part.
``(c) Establishment of National Center.--
``(1) The Secretary (after consultation with experts in the
field of the education of gifted and talented students) shall
establish a National Center for Research and Development in
the Education of Gifted and Talented Children and Youth
through grants to or contracts with one or more institutions
of higher education or State educational agencies, or a
combination or consortium of such institutions and agencies,
for the purpose of carrying out activities described in
paragraph (5) of subsection (b).
``(2) Such National Center shall have a Director. The
Secretary may authorize the Director to carry out such
functions of the National Center as may be agreed upon
through arrangements with other institutions of higher
education, State or local educational agencies, or other
public or private agencies and organizations.
``(d) Limitation.--Not more than 30 percent of the funds
available in any fiscal year to carry out the programs and
projects author-
[[Page 425]]
ized by this section may be used to conduct activities
pursuant to subsections (b)(5) or (c).
``(e) Coordination.--Research activities supported under
this section--
``(1) shall be carried out in consultation with the Office
of Educational Research and Improvement to ensure that such
activities are coordinated with and enhance the research and
development activities supported by the Office; and
``(2) may include collaborative research activities which
are jointly funded and carried out with the Office of
Education Research and Improvement.
``SEC. 3305. PROGRAM PRIORITIES.
``(a) General Priority.--In the administration of this part
the Secretary shall give highest priority--
``(1) to the identification of and services to gifted and
talented students who may not be identified and served
through traditional assessment methods (including
economically disadvantaged individuals, individuals of
limited-English proficiency, and individuals with
disabilities; and
``(2) to programs and projects designed to develop or
improve the capability of schools in an entire State or
region of the Nation through cooperative efforts and
participation of State and local educational agencies,
institutions of higher education, and other public and
private agencies and organizations (including business,
industry, and labor), to plan, conduct, and improve programs
for the identification of and service to gifted and talented
students, such as mentoring and apprenticeship programs.
``(b) Service Priority.--In approving applications under
section 3304(a) of this part, the Secretary shall assure that
in each fiscal year at least one-half of the applications
approved address the priority in section 3305(a)(1).
``SEC. 3306. GENERAL PROVISIONS.
``(a) Participation of Private School Children and
Teachers.--In making grants and entering into contracts under
this part, the Secretary shall ensure, where appropriate,
that provision is made for the equitable participation of
students and teachers in private nonprofit elementary and
secondary schools, including the participation of teachers
and other personnel in professional development programs for
serving such children.
``(b) Review, Dissemination, and Evaluation.--The Secretary
shall--
``(1) use a peer review process in reviewing applications
under this part;
``(2) ensure that information on the activities and results
of projects funded under this part is disseminated to
appropriate State and local agencies and other appropriate
organizations, including nonprofit private organizations; and
``(3) evaluate the effectiveness of programs under this
part, both in terms of the impact on students traditionally
served in separate gifted and talented programs and on other
students, and submit the results of such evaluation to
Congress not later than January 1, 1998.
``SEC. 3307. ADMINISTRATION.
``The Secretary shall establish or designate an
administrative unit within the Department of Education--
``(1) to administer the programs authorized by this part;
``(2) to coordinate all programs for gifted and talented
students administered by the Department;
``(3) to serve as a focal point of national leadership and
information on the educational needs of gifted and talented
students and the availability of educational services and
programs designed to meet such needs; and
``(4) to assist the Assistant Secretary of the Office of
Educational Research and Improvement in identifying research
priorities which reflect the needs of gifted and talented
students.
The administrative unit established or designated pursuant to
this section shall be headed by a person of recognized
professional qualifications and experience in the field of
the education of gifted and talented students.
``SEC. 3308. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $10,000,000 for
fiscal year 1995 and such sums as may be necessary for each
of the fiscal years 1996, 1997, 1998, and 1999 to carry out
the provisions of this part.
``PART C--PUBLIC CHARTER SCHOOLS
``SEC. 3401. PURPOSE.
``It is the purpose of this part to increase national
understanding of the charter schools model by--
``(1) providing financial assistance for the design and
initial implementation of charter schools; and
``(2) evaluating the effects of those schools on improving
student achievement, including their effects on students,
staff, and parents.
``SEC. 3402. PROGRAM AUTHORIZED.
``(a) General.--The Secretary may make grants to eligible
applicants for the design and initial operation of charter
schools.
``(b) Project Periods.--Each such grant shall be for a
period of not more than three years, of which the grantee may
use--
``(1) no more than 18 months for planning and program
design; and
``(2) no more than two years for the initial implementation
of the charter school.
``(c) Limitation.--The Secretary shall not make more than
one grant to support a particular charter school.
``SEC. 3403. APPLICATIONS.
``(a) Applications Required.--Any eligible applicant that
desires to receive a grant under this part shall submit an
application to the Secretary at such time and in such manner
as the Secretary may require.
``(b) Scope of Application.--Each such application may
request assistance for a single charter school or for a
cluster of schools, which may include a high school and its
feeder elementary and middle schools, within a community.
``(c) Application Contents.--Each such application shall
include, for each charter school for which assistance is
sought--
``(1) a description of the educational program to be
implemented by the proposed charter school, including--
``(A) how the program will enable all students to meet
challenging State performance standards;
``(B) the grade levels or ages of children to be served;
and
``(C) the curriculum and instructional practices to be
used;
``(2) a description of how the school will be managed;
``(3) a description of--
``(A) the objectives of the school; and
``(B) the methods by which the school will determine its
progress toward achieving those objectives;
``(4) a description of the administrative relationship
between the charter school and the local educational agency
that will authorize or approve the school's charter and act
as the grantee under this part;
``(5) a description of how parents and other members of the
community will be involved in the design and implementation
of the charter school;
``(6) a description of how the local educational agency
will provide for continued operation of the school once the
Federal grant has expired, if such agency determines that the
school is successful;
``(7) a request and justification for waivers of any
Federal statutory or regulatory provisions that the applicant
believes are necessary for the successful operation of the
charter school, and a description of any State or local
rules, generally applicable to public schools, that will be
waived for, or otherwise not apply to, the school;
``(8) a description of how the grant funds would be used;
``(9) a description of how grant funds would be used in
conjunction with other Federal programs administered by the
Secretary;
``(10) a description of how students in the community will
be--
``(A) informed about the school; and
``(B) given an equal opportunity to attend the school;
``(11) an assurance that the applicant will annually
provide the Secretary such information as the Secretary may
require to determine if the charter school is making
satisfactory progress toward achieving the objectives
described under paragraph (3);
``(12) an assurance that the applicant will cooperate with
the Secretary in evaluating the program authorized by this
part; and
``(13) such other information and assurances as the
Secretary may require.
``(d) State Educational Agency Approval Required.--(1) A
local educational agency that desires to receive a grant
under this part shall obtain the State educational agency's
approval of its application before submitting it to the
Secretary.
``(2) A State educational agency that approves an
application of a local educational agency shall provide the
local educational agency, and such local agency shall include
in its application to the Secretary, a statement that the
State has granted, or will grant, the waivers and exemptions
from State requirements described in such local agency's
application.
``SEC. 3404. SELECTION OF GRANTEES; WAIVERS.
``(a) Criteria.--The Secretary shall select projects to be
funded on the basis of the quality of the applications,
taking into consideration such factors as--
``(1) the quality of the proposed curriculum and
instructional practices;
``(2) the degree of flexibility afforded by the State and,
if applicable, the local educational agency to the school;
``(3) the extent of community support for the application;
``(4) the ambitiousness of the objectives for the school;
``(5) the quality of the plan for assessing achievement of
those objectives; and
``(6) the likelihood that the school will meet those
objectives and improve educational results for students.
``(b) Peer Review.--The Secretary shall use a peer review
process to review applications for grants under this section.
``(c) Diversity of Projects.--The Secretary may approve
projects in a manner that ensures, to the extent possible,
that they--
``(1) are distributed throughout different areas of the
Nation, including in urban and rural areas; and
``(2) represent a variety of educational approaches.
``(d) Waivers.--The Secretary may waive any statutory or
regulatory requirement that the Secretary is responsible for
enforcing, except for any such requirement relating to the
elements of a charter school described in section 3407(1),
if--
``(1) the waiver is requested in an approved application or
by a grantee under this part; and
[[Page 426]]
``(2) the Secretary determines that granting such a waiver
would promote the purpose of this part.
``SEC. 3405. USES OF FUNDS.
``A recipient of a grant under this part may use the grant
funds only for--
``(1) post-award planning and design of the educational
program, which may include--
``(A) refinement of the desired educational results and of
the methods for measuring progress toward achieving those
results; and
``(B) professional development of teachers and other staff
who will work in the charter school; and
``(2) initial implementation of the charter school, which
may include--
``(A) informing the community about the school;
``(B) acquiring necessary equipment;
``(C) acquiring or developing curriculum materials; and
``(D) other operational costs that cannot be met from State
or local sources.
``SEC. 3406. NATIONAL ACTIVITIES.
``The Secretary may reserve up to 10 percent of the funds
appropriated for this part for any fiscal year for--
``(1) peer review of applications under section 3404(b);
and
``(2) an evaluation of the impact of charter schools on
student achievement, including those assisted under this
part.
``SEC. 3407. DEFINITIONS.
``As used in this part, the following terms have the
following meanings:
``(1) The term `charter school' means a school that--
``(A) in accordance with an enabling State statute, is
exempted from significant State or local rules that inhibit
the flexible operation and management of public schools, but
not from any rules relating to the other requirements of this
paragraph;
``(B) is created by a developer as a public school, or is
adapted by a developer from an existing public school;
``(C) operates in pursuit of a specific set of educational
objectives determined by the school's developer and agreed to
by the local educational agency applying for a grant on
behalf of the school;
``(D) provides a program of elementary or secondary
education, or both;
``(E) is nonsectarian in its programs, admissions policies,
employment practices, and all other operations, and is not
affiliated with a sectarian school or religious institution;
``(F) does not charge tuition;
``(G) complies with the Age Discrimination Act, title VI of
the Civil Rights Act of 1964, title IX of the Education
Amendments of 1972, section 504 of the Rehabilitation Act of
1973, and part B of the Individuals with Disabilities
Education Act;
``(H) admits students on the basis of a lottery, if more
students apply for admission than can be accommodated;
``(I) agrees to comply with the same Federal and State
audit requirements as do other public schools in the State,
unless such requirements are specifically waived for the
purpose of this program;
``(J) meets all applicable Federal, State, and local health
and safety requirements; and
``(K) operates in accordance with State law.
``(2) The term `developer' means an individual or group of
individuals (including a public or private nonprofit
organization), which may include teachers, administrators and
other school staff, parents, or other members of the local
community in which a charter school project will be carried
out.
``(3) The term `eligible applicant' means a local
educational agency, in partnership with a developer with an
application approved under section 3403(d).
``SEC. 3408. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this part, there are
authorized to be appropriated $15,000,000 for fiscal year
1995 and such sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.
``PART D--ARTS IN EDUCATION
``SEC. 3501. SUPPORT FOR ARTS EDUCATION.
``(a) Findings.--The Congress finds that--
``(1) the arts are forms of understanding and ways of
knowing that are fundamentally important to education;
``(2) the arts are important to excellent education and to
effective school reform;
``(3) the most significant contribution of the arts to
education reform is the transformation of teaching and
learning;
``(4) this transformation is best realized in the context
of comprehensive, systemic education reform;
``(5) demonstrated competency in the arts for American
students is among the National Education Goals;
``(6) the arts can motivate at-risk students to stay in
school and become active participants in the educational
process; and
``(7) arts education should be an integral part of the
elementary and secondary school curriculum.
``(b) Purpose. The purposes of this part are to--
``(1) support systemic education reform by strengthening
arts education as an integral part of the elementary and
secondary school curriculum;
``(2) help ensure that all students have the opportunity to
meet challenging standards in the arts; and
``(3) support the national effort to enable all students to
demonstrate competence in the arts in accordance with the
National Education Goals.
``(c) Eligible Recipients.--In order to carry out the
purposes of this part, the Secretary is authorized to make
grants to, or enter into contracts or cooperative agreements
with--
``(1) State educational agencies;
``(2) local educational agencies;
``(3) institutions of higher education; and
``(4) other public and private agencies, institutions, and
organizations.
``(d) Authorized Activities.--Funds under this part may be
used for--
``(1) research on arts education;
``(2) the development of, and dissemination of information
about, model arts education programs;
``(3) the development of model arts education assessments
based on high standards;
``(4) the development and implementation of curriculum
frameworks for arts education;
``(5) the development of model preservice and inservice
professional development programs for arts educators and
other instructional staff;
``(6) supporting collaborative activities with other
Federal agencies or institutions involved in arts education,
such as the National Endowment for the Arts, the Institute of
Museum Services, the John F. Kennedy Center for the
Performing Arts, and the National Gallery of Art;
``(7) supporting model projects and programs in the
performing arts for children and youth through arrangements
made with the John F. Kennedy Center for the Performing Arts;
``(8) supporting model projects and programs in the arts
for individuals with disabilities through arrangements with
the organization, Very Special Arts;
``(9) supporting model projects and programs to integrate
arts education into the regular elementary and secondary
school curriculum; and
``(10) other activities that further the purposes of this
part.
``(e) Coordination.--(1) A recipient of funds under this
part shall, to the extent possible, coordinate its project
with appropriate activities of public and private cultural
agencies, institutions, and organizations, including museums,
arts education associations, libraries, and theaters.
``(2) In carrying out this part, the Secretary shall
coordinate with the National Endowment for the Arts, the
Institute of Museum Services, the John F. Kennedy Center for
the Performing Arts, and the National Gallery of Art.
``SEC. 3502. COMMUNITY ARTS PARTNERSHIP.
``(a) Purpose.--The purpose of this section is to make
demonstration grants to eligible entities to improve the
educational performance and future potential of at-risk
children and youth by providing comprehensive and coordinated
educational and cultural services.
``(b) Grants Authorized.--
``(1) In general.--The Secretary is authorized to award
grants to eligible entities to pay the Federal share of the
costs of the activities described in subsection (e).
``(2) Special requirements.--The Secretary shall award
grants under this Act only to programs designed to--
``(A) promote educational and cultural services;
``(B) provide multi-year services to at-risk children and
youth;
``(C) serve the target population described in subsection
(e);
``(D) provide integration of community cultural resources
in the regular curriculum;
``(E) focus school and cultural resources in the community
on coordinated cultural services to address the needs of at-
risk children and youth;
``(F) provide effective cultural linkages from preschool
programs, including the Head Start Act and preschool grants
under the Individuals with Disabilities Education Act, to
elementary schools;
``(G) facilitate school-to-work transition from secondary
schools and alternative schools to job training, higher
education, and employment;
``(H) increase parental and community involvement in the
educational, social, and cultural development of at-risk
youth; or
``(I) replicate programs and strategies that provide high
quality coordinated educational and cultural services and
that are designed to integrate such coordination into the
regular curriculum.
``(3) Requirement of Coordination.--Grants may only be
awarded under this section to eligible entities that agree to
coordinate activities carried out under other Federal, State,
and local grants, received by the members of the partnership
for purposes and target populations described in this
section, into an integrated service delivery system located
at a school, cultural, or other community-based site
accessible to and utilized by at-risk youth.
``(4) Duration.--Grants made under this section may be
renewable for a maximum of 5 years if the Secretary
determines that the eligible recipient has made satisfactory
progress toward the achievement of the program objectives
described in application.
``(5) Geographic Distribution.--In awarding grants under
this part, the Secretary shall ensure--
``(A) an equitable geographic distribution; and
``(B) an equitable distribution to both urban and rural
areas with a high proportion of at-risk youth as defined in
subsection (e).
``(c) Eligibility.--
``(1) Services for in-school youth.--For the purpose of
providing a grant under this section to serve in-school
children and youth, the term `eligible entity' means a
[[Page 427]]
partnership between a local education agency that is eligible
for funds under title I of this Act, and at least 1
institution of higher education or cultural entity located
within or accessible to the geographical boundaries of the
local education agency with a history of providing quality
services to the community, and which may include--
``(A) nonprofit institutions of higher education; museums;
libraries; performing, presenting and exhibiting arts
organizations; literary arts organizations; local arts
organizations; and zoological and botanical organizations;
and
``(B) private for-profit entities with a history of
training children and youth in the arts.
``(2) Services for out-of-school youth.--For purposes of
providing a grant under this part to serve out-of-school
youth, the term `eligible entity' means a partnership between
at least 1 entity of the type described in paragraph (A) or
(B) of subsection (1), or a local education agency eligible
for funds under chapter 1 of title I of this Act and at least
1 cultural entity described in subsection (1).
``(d) Target Population.--In order to receive a grant under
this section, an eligible entity shall serve--
``(1) students enrolled in schools in participating
schoolwide projects assisted under title I of this Act and
the families of such students; or
``(2) out-of-school youth at risk of having limited future
options as a result of teenage pregnancy and parenting,
substance abuse, recent migration, disability, limited
English proficiency, family migration, illiteracy, being the
child of a teen parent, living in a single parent household,
or being a high school dropout; or
``(3) any combination of in school and out-of-school at-
risk youth.
``(e) Authorized Activities.--
``(1) In general.--Funds made under this part may be used--
``(A) to plan, develop, acquire, expand, and improve
school-based or community-based coordinated educational and
cultural programs to strengthen the educational performance
and future potential of in-school and out-of-school at-risk
youth through cooperative agreements, contracts for services,
or administrative coordination;
``(B) to provide at-risk students with integrated cultural
activities designed to develop a love of learning to ensure
the smooth transition of preschool children to elementary
school;
``(C) to design collaborative cultural activities for
students in secondary or alternative schools that ensure the
smooth transition to job training, higher education, or full
employment;
``(D) to provide child care for children of at-risk
students who would not otherwise be able to participate in
the program;
``(E) to provide transportation necessary for participation
in the program;
``(F) to work with existing school personnel to develop
curriculum materials and programs in the arts;
``(G) to work with existing school personnel on staff
development activities that encourage the integration of the
arts into the curriculum;
``(H) for stipends that allow local artists to work with
at-risk children and youth in the schools;
``(I) for cultural programs that encourage the active
participation of parents in their children's education;
``(J) for programs that use the arts to reform current
school practices, including lengthening the school day or
academic year;
``(K) for appropriate equipment and necessary supplies; and
``(L) for evaluation, administration, and supervision.
``(2) Priority.--In providing assistance under this part,
the Secretary shall give priority to eligible entities that
provide comprehensive services that extend beyond traditional
school or service hour, that may include year round programs
that provide services in the evenings and on weekends.
``(3) Planning grants.--
``(A) Application.--An eligible entity may submit an
application to the Secretary for a planning grants for an
amount not to exceed $50,000. Such grants shall be for
periods of not more than 1 year.
``(B) Limit on planning grants.--Not more than 10 percent
of the amounts appropriated in each fiscal year under this
part shall be used for grants under this subsection, and an
eligible entity may receive not more than 1 such planning
grant.
``(f) General Provisions.--
``(1) In general.--Each eligible entity desiring a grant
under this part shall submit an application to the Secretary
at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
``(2) Contents.--Each application submitted pursuant to
subsection (a) shall--
``(A) describe the cultural entity or entities that will
participate in the partnership;
``(B) describe the target population to be served;
``(C) describe the services to be provided;
``(D) describe a plan for evaluating the success of the
program;
``(E) describe, for a local educational agency participant,
how services will be perpetuated beyond the length of the
grant;
``(F) describe the manner in which the eligible entity will
improve the educational achievement or future potential of
at-risk youth through more effective coordination of cultural
services in the community;
``(G) describe the overall and operational goals of the
program; and
``(H) describe the nature and location of all planned sites
where services will be delivered and a description of
services which will be provided at each site.
``(g) Payments--Federal Share.--
``(1) Payments.--The Secretary shall pay to each eligible
entity having an application approved under subsection (g)
the Federal share of the cost of the activities described in
the application.
``(2) Amounts of grants.--The amount of a grant made under
this part may not be less than $100,000 or exceed $500,000 in
the first year of such grant.
``(3) Federal share.--The Federal share shall be 80
percent.
``(4) Non-federal share.--The non-Federal share shall be
equal to 20 percent and may be in cash or in kind, fairly
evaluated, including facilities or services.
``(5) Limitation.--Not more than 25 percent of any grant
under this part may be used for noninstructional services
such as those described in paragraphs D, E, and L of
subsection (f).
``(6) Supplement and not supplant.--Grant funds awarded
under this part shall be used to supplement not supplant the
amount of funds made available from non-Federal sources, for
the activities assisted under this part, in amounts that
exceed the amounts expended for such activities in the year
preceding the year for which the grant is awarded.
``(7) Dissemination of models.--The Secretary shall
disseminate information concerning successful models under
this part through the National Diffusion Net work.
``SEC. 3503. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this part, there are
authorized to be appropriated such sums as may be necessary
for each of the fiscal years 1995, 1996, 1997, 1998, and
1999.
``PART E--INEXPENSIVE BOOK DISTRIBUTION PROGRAM
``SEC. 3601. INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR
READING MOTIVATION.
``(a) Authorization.--The Secretary is authorized to enter
into a contract with Reading Is Fundamental (hereinafter in
this section referred to as ``the contractor``) to support
and promote programs, which include the distribution of
inexpensive books to students, that motivate children to
read.
``(b) Requirements of Contract.--Any contract entered into
under subsection (a) shall--
``(1) provide that the contractor will enter into
subcontracts with local private nonprofit groups or
organizations or with public agencies under which each
subcontractor will agree to establish, operate, and provide
the non-Federal share of the cost of reading motivation
programs that include the distribution of books, by gift, to
the extent feasible, or by loan, to children up through high
school age, including those in family literacy programs;
``(2) provide that funds made available to subcontractors
will be used only to pay the Federal share of the cost of
such programs;
``(3) provide that in selecting subcontractors for initial
funding, the contractor will give priority to programs that
will serve a substantial number or percentage of children
with special needs, such as--
``(A) low-income children, particularly in high-poverty
areas;
``(B) children at risk of school failure;
``(C) children with disabilities, including children with
serious emotional disturbance;
``(D) foster children;
``(E) homeless children;
``(F) migrant children;
``(G) children without access to libraries;
``(H) institutionalized or incarcerated children; and
``(I) children whose parents are institutionalized or
incarcerated;
``(4) provide that the contractor will provide such
technical assistance to subcontractors as may be necessary to
carry out the purpose of this section;
``(5) provide that the contractor will annually report to
the Secretary the number of, and describe, programs funded
under paragraph (3); and
``(6) include such other terms and conditions as the
Secretary determines to be appropriate to ensure the
effectiveness of such programs.
``(c) Restriction on Payments.--The Secretary shall make no
payment of the Federal share of the cost of acquiring and
distributing books under any contract under this section
unless the Secretary determines that the contractor or
subcontractor, as the case may be, has made arrangements with
book publishers or distributors to obtain books at discounts
at least as favorable as discounts that are customarily given
by such publisher or distributor for book purchases made
under similar circumstances in the absence of Federal
assistance.
``(d) Definition of `Federal Share'.--For the purpose of
this section, the term `Federal share' means the portion of
the cost to a subcontractor of purchasing books to be paid
with funds made available under this section. The Federal
share shall be established by the Secretary, and shall not
exceed 75 percent, except that the Federal share for programs
serving children of migrant or seasonal farmworkers shall be
100 percent.
``(e) Authorization of Appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated $10,300,000 for fiscal year 1995 and such sums
[[Page 428]]
as may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.
``TITLE IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
``SEC. 4001. SHORT TITLE.
``This title may be cited as the `Safe and Drug-Free
Schools and Communities Act of 1994'.
``SEC. 4002. FINDINGS.
``The Congress finds as follows:
``(1) National Education Goal Six provides that by the year
2000, all schools in America will be free of drugs and
violence and offer a disciplined environment that is
conducive to learning.
``(2) The widespread illegal use of alcohol and other drugs
among the Nation's secondary school students, and
increasingly by students in elementary schools as well,
constitutes a grave threat to their physical and mental well-
being, and significantly impedes the learning process. For
example, data show that students who drink tend to receive
lower grades and are more likely to miss school because of
illness than students who do not drink.
``(3) Our Nation's schools and communities are increasingly
plagued by violence and crime. Approximately three million
thefts and violent crimes occur in or near our Nation's
schools every year, the equivalent of more than 16,000
incidents per school day. Approximately one of every five
high school students now carries a firearm, knife, or club on
a regular basis.
``(4) The tragic consequences of violence and the illegal
use of alcohol and drugs by students are felt not only by
students and their families, but by their communities and the
Nation, which can ill afford to lose their skills, talents,
and vitality.
``(5) While use of illegal drugs is a serious problem among
a minority of teenagers, alcohol use is far more widespread.
The proportion of high school students using alcohol, though
lower than a decade ago, remains unacceptably high. By the
8th grade, 70 percent of youth report having tried alcohol
and by the 12th grade, about 88 percent have used alcohol.
Alcohol use by young people can and does have adverse
consequences for users, their families, communities, schools,
and colleges.
``(6) Drug and violence prevention programs are essential
components of a comprehensive strategy to promote school
safety and to reduce the demand for and use of drugs
throughout the Nation. Schools and local organizations in
communities throughout the Nation have a special
responsibility to work together to combat the growing
epidemic of violence and illegal drug use and should measure
the success of their programs against clearly defined goals
and objectives.
``(7) Students must take greater responsibility for their
own well-being, health, and safety if schools and communities
are to achieve their goals of providing a safe, disciplined,
and drug-free learning environment.
``SEC. 4003. PURPOSE.
``The purpose of this title is to support programs to meet
Goal Six of the National Educational Goals by preventing
violence in and around schools and by strengthening programs
that prevent the illegal use of alcohol and drugs, involve
parents, and are coordinated with related Federal, State, and
community efforts and resources, through the provision of
Federal assistance to--
``(1) States for grants to local and intermediate
educational agencies and consortia to establish, operate, and
improve local programs of school drug and violence
prevention, early intervention, rehabilitation referral, and
education in elementary and secondary schools (including
intermediate and junior high schools);
``(2) States for grants to local and intermediate
educational agencies and consortia for grants to, and
contracts with, community-based organizations and other
public and private non-profit agencies and organizations for
programs of drug and violence prevention, early intervention,
rehabilitation referral, and education;
``(3) States for development, training, technical
assistance, and coordination activities;
``(4) public and private non-profit organizations to
conduct training, demonstrations, and evaluation, and to
provide supplementary services for the prevention of drug use
and violence among students and youth; and
``(5) institutions of higher education for the development
and implementation of model programs and strategies to
promote the safety of students attending institutions of
higher education by preventing violent behavior and the
illegal use of alcohol and drugs by such students.
``SEC. 4004. FUNDING.
``(a) Authorization of Appropriations.--There are
authorized to be appropriated--
``(1) for State grants under part A, such sums as may be
necessary for each of fiscal years 1995 through 1999; and
``(2) for national programs under part B, such sums as may
be necessary for each of fiscal years 1995 through 1999.
``(b) Availability.--(1) Appropriations for any fiscal year
for payments made under this title in accordance with
regulations of the Secretary may be made available for
obligation or expenditure by the agency or institution
concerned on the basis of an academic or school year
differing from such fiscal year.
``(2) Funds appropriated for any fiscal year under this
title shall remain available for obligation and expenditure
until the end of the fiscal year succeeding the fiscal year
for which such funds were appropriated.
``PART A--STATE GRANTS FOR DRUG AND VIOLENCE PREVENTION PROGRAMS
``SEC. 4101. RESERVATIONS AND ALLOTMENTS.
``(a) Reservations.--From the amount appropriated for each
fiscal year under section 4004(a)(1), the Secretary--
``(1) shall reserve 1 percent of such amount for grants
under this part to Guam, American Samoa, the Virgin Islands,
the Commonwealth of the Northern Mariana Islands, and Palau
(until the effective date of the Compact of Free Association
with the Government of Palau), to be allotted in accordance
with their respective needs;
``(2) shall reserve one percent of such amount for the
Secretary of the Interior to carry out programs under this
part for Indian youth; and
``(3) may reserve no more than $1,000,000 for the national
impact evaluation required by section 4106(a).
``(b) State Allotments.--(1) Except as provided under
paragraph (2), the Secretary shall, for each fiscal year,
allocate among the States--
``(A) one-half of the remainder not reserved under
subsection (a) according to the ratio between the school-aged
population of each State and the school-aged population of
all the States; and
``(B) one-half of such remainder according to the ratio
between the amount each State received under section 1124 and
1124A of this Act for the preceding year (or, for fiscal year
1995 only, sections 1005 and 1006 of this Act as in effect on
the day before enactment of the Safe and Drug-Free Schools
and Communities Act Amendments of 1994) and the sum of such
amounts received by all the States.
``(2) For any fiscal year, no State shall be allotted under
this subsection an amount that is less than one-half of 1
percent of the total amount allotted to all the States under
this subsection.
``(3) The Secretary may reallot any amount of any allotment
to a State if the Secretary determines that the State will be
unable to use such amount within two years of such allotment.
Such reallotments shall be made on the same basis as
allotments made under paragraph (1).
``(4) For the purpose of this subsection, the term `State'
means each of the 50 States, the District of Columbia, and
the Commonwealth of Puerto Rico.
``SEC. 4102. STATE APPLICATIONS.
``(a) In General.--In order to receive its allotment under
section 4101 for any fiscal year, a State shall submit to the
Secretary, at such time as the Secretary may require, an
application that--
``(1)(A)(i) is integrated into the State's plan, either
approved or being developed, under title III of the Goals
2000: Educate America Act, and satisfies the requirements of
this section that are not already addressed by that plan; and
``(ii) is submitted, if necessary, as an amendment to the
State's plan under title III of the Goals 2000: Educate
America Act; or
``(B) if the State does not have an approved plan under
title III of the Goals 2000: Educate America Act and is not
developing such a plan, is integrated with other State plans
under this Act and satisfies the requirements of this
section;
``(2) contains the results of the State's needs assessment
for drug and violence prevention programs, which shall be
based on the results of on-going State evaluation activities,
including data on the prevalence of drug use and violence by
youth in schools and communities;
``(3) has been developed in consultation with the chief
executive officer, the head of the State alcohol and drug
abuse agency, the heads of the State health and mental health
agencies, the head of the State child welfare agency, and the
heads of the State criminal and juvenile justice planning
agencies;
``(4) contains a description of the procedures the State
educational agency will use to review applications from local
educational agencies under section 4104;
``(5) contains an assurance that the State will cooperate
with, and assist, the Secretary in conducting a national
impact evaluation of programs required by section 4106(a);
and
``(6) includes any other information the Secretary may
require.
``(b) State Educational Agency Funds.--A State's
application under this section shall also contain a
comprehensive plan for the use of funds under section 4103(a)
by the State educational agency that includes--
``(1) a statement of the State educational agency's
measurable goals and objectives for drug and violence
prevention and a description of the procedures it will use
for assessing and publicly reporting progress toward meeting
those goals and objectives;
``(2) a plan for monitoring the implementation of, and
providing technical assistance regarding, the drug and
violence prevention programs conducted by local educational
agencies in accordance with section 4105;
``(3) a description of how the State educational agency
will use funds it reserves under section 4103(b);
``(4) a description of how the State educational agency
will coordinate its activities under this part with drug and
violence prevention efforts of other State agencies; and
``(5) an explanation of the criteria the State educational
agency will use to identify which local educational agencies
receive supplemental funds under section 4103(d)(2)(A)(i)(II)
and how the supplemental funds will be allocated among those
local educational agencies.
[[Page 429]]
``(c) Governor's Funds.--A State's application under this
section shall also contain a comprehensive plan for the use
of funds under section 4103A by the chief executive officer
that includes--
``(1) a statement of the chief executive officer's
measurable goals and objectives for drug and violence
prevention and a description of the procedures to be used for
assessing and publicly reporting progress toward meeting
those goals and objectives;
``(2) a description of how the chief executive officer will
coordinate his or her activities under this part with the
State educational agency and other State agencies and
organizations involved with drug and violence prevention
efforts;
``(3) a description of how funds reserved under section
4103A will be used so as not to duplicate the efforts of the
State educational agency and local educational agencies with
regard to the provision of school-based prevention efforts
and services and how those funds will be used to serve
populations not normally served by the State educational
agency, such as school dropouts and youth in detention
centers;
``(4) a description of how the chief executive officer will
award funds under section 4103A and a plan for monitoring the
performance of, and providing technical assistance to,
recipients of such funds; and
``(5) a description of how funds will be used to support
community-wide comprehensive drug and violence prevention
planning.
``(d) Peer Review.--The Secretary shall use a peer review
process in reviewing State applications under this section.
``(e) Interim Application.--Notwithstanding any other
provisions of this section, a State may submit for fiscal
year 1995 a one-year interim application and plan for the use
of funds under this part that are consistent with the
requirements of this section and contain such information as
the Secretary may specify in regulations. The purpose of such
interim application and plan shall be to afford the State the
opportunity to fully develop and review its application and
comprehensive plan otherwise required by this section. A
State may not receive a grant under this part for a fiscal
year subsequent to fiscal year 1995 unless the Secretary has
approved its application and comprehensive plan.
``SEC. 4103. STATE AND LOCAL EDUCATIONAL AGENCY PROGRAMS.
``(a) Use of Funds.--An amount equal to 80 percent of the
total amount allocated to a State under section 4101 for each
fiscal year shall be used by the State educational agency and
its local educational agencies for drug and violence
prevention activities in accordance with this section.
``(b) State Level Programs.--(1) A State educational agency
shall use no more than five percent of the amount reserved
under subsection (a) for activities such as--
``(A) training and technical assistance concerning drug and
violence prevention for local and intermediate educational
agencies, including teachers, administrators, counselors,
coaches and athletic directors, other educational personnel,
parents, students, community leaders, health service
providers, local law enforcement officials, and judicial
officials;
``(B) the development, identification, dissemination and
evaluation of the most readily available, accurate, and up-
to-date curriculum materials (including videotapes, software,
and other technology-based learning resources), for
consideration by local educational agencies;
``(C) demonstration projects in drug and violence
prevention;
``(D) financial assistance to enhance resources available
for drug and violence prevention in areas serving large
numbers of economically disadvantaged children or sparsely
populated areas, or to meet other special needs consistent
with the purposes of this part; and
``(E) the evaluation of activities carried out within the
State under this part.
``(2) A State educational agency may carry out activities
under this subsection directly, or through grants or
contracts.
``(c) State Administration.--A State educational agency may
use no more than four percent of the amount reserved under
subsection (a) for the administrative costs of carrying out
its responsibilities under this part.
``(d) Local Educational Agency Programs.--(1) A State
educational agency shall distribute not less than 92 percent
of the amount reserved under subsection (a) for each fiscal
year to local educational agencies in accordance with this
subsection.
``(2)(A)(i) Of the amount distributed under subsection
(d)(1), a State educational agency shall distribute--
``(I) 70 percent of such amount to local educational
agencies, based on the relative enrollments in public and
private non-profit schools within their boundaries; and
``(II) 30 percent of such amount to local educational
agencies that the State educational agency determines have
the greatest need for additional funds to carry out drug and
violence prevention programs authorized by this part.
``(ii) To the extent practicable, not less than 25 percent
of the amount specified in clause (i)(II) for a fiscal year
shall be distributed to local educational agencies located in
rural areas.
``(B)(i) A State educational agency shall distribute funds
under subparagraph (A)(i)(II) to no more than ten percent of
its local educational agencies, or five such agencies,
whichever is greater.
``(ii) In determining which local educational agencies have
the greatest need for additional funds, the State educational
agency shall consider such factors as--
``(I) high rates of alcohol or other drug use among youth;
``(II) high rates of victimization of youth by violence and
crime;
``(III) high rates of arrests and convictions of youth for
violent or drug- or alcohol-related crime;
``(IV) the extent of illegal gang activity;
``(V) high rates of referrals of youths to drug and alcohol
abuse treatment and rehabilitation programs;
``(VI) high rates of referrals of youths to juvenile court;
``(VII) high rates of expulsions and suspensions of
students from schools; and
``(VIII) high rates of reported cases of child abuse and
domestic violence.
``(e) Reallocation of Funds.--If a local educational agency
chooses not to apply to receive the amount allocated to it
under subsection (d), or if its application under section
4104 is disapproved by the State educational agency, the
State educational agency shall reallocate such amount to one
or more of the local education agencies determined by the
State educational agency under subsection (d)(2)(B) to have
the greatest need for additional funds.
``(f) Return of Funds to State Educational Agency;
Reallocation.--(1) Except as provided in paragraph (2), upon
the expiration of the 1-year period beginning on the date
that a local educational agency, intermediate educational
agency, or consortium under this title receives its
allocation under this title--
(A) such agency or consortium shall return to the State
educational agency any funds from such allocation that remain
unobligated; and
(B) the State educational agency shall reallocate any such
amount to local educational agencies, intermediate
educational agencies, or consortia that have plans for using
such amount for programs or activities on a timely basis.
``(2) In any fiscal year, a local educational agency,
intermediate educational agency, or consortium may retain for
obligation in the succeeding fiscal year--
(A) an amount equal to not more than 25 percent of the
allocation it receives under this title for such fiscal year;
or
(B) upon a demonstration of good cause by such agency or
consortium, a greater amount approved by the State
educational agency.
SEC. 4103A. GOVERNOR'S PROGRAMS.
(a) Use of Funds.--(1) An amount equal to 20 percent of the
total amount allocated to a State under section 4101 for each
fiscal year shall be used by the chief executive officer of
such State for drug and violence prevention programs and
activities in accordance with this section.
``(2) A chief executive officer may use no more than five
percent of the amount reserved under paragraph (1) for the
administrative costs incurred in carrying out the duties of
such officer under this section.
``(b) Programs Authorized.--(1) A chief executive officer
shall use funds reserved under subsection (a)(1) for grants
to or contracts with parent groups, community action and job
training agencies, community-based organizations, and other
public entities and private nonprofit organizations. Such
grants or contracts shall support programs and activities
described in subsection (c) for children and youth who are
not normally served by State or local educational agencies,
for populations that need special services or additional
resources (such as preschoolers, youth in juvenile detention
facilities, runaway or homeless children and youth, and
dropouts), or both.
``(2) Grants or contracts awarded under this subsection
shall be subject to a peer review process.
``(c) Authorized Activities.--Grants and contracts under
subsection (b) shall be used for programs and activities such
as--
``(1) disseminating information about drug and violence
prevention;
``(2) training parents, law enforcement officials, judicial
officials, social service providers, health service providers
and community leaders about drug and violence prevention,
education, early intervention, counseling, or rehabilitation
referral;
``(3) developing and implementing comprehensive, community-
based drug and violence prevention programs that link
community resources with schools and integrate services
involving education, vocational and job skills training, law
enforcement, health, mental health, and other appropriate
services;
``(4) planning and implementing drug and violence
prevention activities that coordinate the efforts of State
agencies with those of the State educational agency and its
local educational agencies;
``(5) activities to protect students traveling to and from
school;
``(6) developing and implementing strategies to prevent
illegal gang activity;
``(7) coordinating and conducting community-wide violence
and safety assessments and surveys; and
``(8) evaluating programs and activities under this
section.
``SEC. 4104. LOCAL APPLICATIONS.
``(a) In General.--(1) In order to be eligible to receive
an allocation under section 4103(d) for any fiscal year, a
local educational agency shall submit, at such time as the
State educational agency requires, an application
[[Page 430]]
to the State educational agency for approval. Such an
application shall be amended, as necessary, to reflect
changes in the local educational agency's program.
``(2)(A) A local educational agency shall develop its
application under subsection (a)(1) in consultation with a
local or substate regional advisory council that includes, to
the extent possible, representatives of local government,
business, parents, students, teachers, appropriate state
agencies, private schools, the medical profession, law
enforcement, community-based organizations, and other groups
with interest and expertise in drug and violence prevention.
``(B) In addition to assisting the local educational agency
to develop its application under this section, the advisory
council established or designated under paragraph (2)(A)
shall, on an on-going basis--
``(i) disseminate information about drug and violence
prevention programs, projects, and activities conducted
within the boundaries of the local educational agency;
``(ii) advise the local educational agency on how best to
coordinate its activities under this part with other related
programs, projects, and activities, including community
service and service learning projects, and the agencies that
administer them; and
``(iii) review program evaluations and other relevant
material and make recommendations to the local educational
agency on how to improve its drug and violence prevention
programs.
``(b) Contents of Applications.--An application under this
section shall contain--
``(1) an assessment of the current use (and consequences of
such use) of alcohol, tobacco, and controlled, illegal,
addictive or harmful substances as well as the violence,
safety, and discipline problems among students who attend the
schools of the applicant (including private school students
who participate in the applicant's drug and violence
prevention program) that is based on ongoing local assessment
or evaluation activities;
``(2) a detailed explanation of the local educational
agency's comprehensive plan for drug and violence prevention,
which shall include a description of--
``(A) how that plan is consistent with, and promotes the
goals in, the State's application under section 4102 and the
local educational agency's plan, either approved or being
developed, under title III of the Goals 2000: Educate America
Act, or, if the local educational agency does not have such
an approved plan and is not developing one, its plan under
section 1112 of this Act;
``(B) the local educational agency's measurable goals for
drug and violence prevention, and a description of how it
will assess and publicly report progress toward attaining
these goals;
``(C) the local educational agency's comprehensive plan for
programs to be carried out under this part;
``(D) how the local educational agency will use its regular
allocation under section 4103(d)(2)(A)(i)(I) and its
supplemental allocation, if any, under section
4103(d)(2)(A)(i)(II);
``(E) how the local educational agency will coordinate its
programs and projects with community-wide efforts to achieve
its goals for drug and violence prevention; and
``(F) how the local education agency will coordinate its
programs and projects with other Federal, State, and local
programs for drug-abuse prevention, including health
programs; and
``(3) such other information and assurances as the State
educational agency may reasonably require.
``(c) Review of Application.--(1) In reviewing local
applications under this section, a State educational agency
shall use a peer review process or other methods of assuring
the quality of such applications.
``(2)(A) In determining whether to approve the application
of a local educational agency under this section, a State
educational agency shall consider the quality of the local
educational agency's comprehensive plan under subsection
(b)(2) and the extent to which it is consistent with, and
supports, the State's application under section 4102 and the
State's plan under the Goals 2000: Educate America Act, and,
if the State does not have such a plan, its plan under
section 1111 of this Act.
``(B) A State educational agency may disapprove a local
educational agency application under this section in whole or
in part and may withhold, limit, or place restrictions on the
use of funds allotted to such a local educational agency in a
manner the State educational agency determines will best
promote the purposes of this part or the State's plan under
the Goals 2000: Educate America Act, and, if the State does
not have such a plan, its plan under section 1111 of this
Act, except that a local educational agency shall be afforded
an opportunity to appeal any such disapproval.
``SEC. 4105. LOCAL DRUG AND VIOLENCE PREVENTION PROGRAMS.
``(a) Program Requirements.--A local educational agency
shall use funds received under this part to adopt and carry
out a comprehensive drug and violence prevention program
which shall--
``(1) be designed, for all students and employees, to--
``(A) prevent the use, possession, and distribution of
tobacco, alcohol and illegal drugs by students and to prevent
the illegal use, possession, and distribution of such
substances by employees;
``(B) prevent violence and promote school safety; and
``(C) create a disciplined environment conducive to
learning;
``(2) include activities to promote the involvement of
parents and coordination with community groups and agencies,
including the distribution of information about the local
educational agency's needs assessments, goals, and programs
under this part; and
``(3) include community-based prevention and education
activities in accordance with the requirements of subsection
(c).
``(b) Authorized Activities.--A comprehensive drug and
violence prevention program carried out under this part may
include--
``(1) age-appropriate, developmentally based drug
prevention and education programs for all students, from the
preschool level through grade 12, that address the legal,
social, personal and health consequences of the use of
illegal drugs, promote a sense of individual responsibility,
and provide information about effective techniques for
resisting peer pressure to use illegal drugs;
``(2) programs of drug prevention, early intervention,
counseling, mentoring, or rehabilitation referral, which
emphasize students' sense of individual responsibility and
which may include--
``(A) the dissemination of information about drug
prevention;
``(B) the professional development of school personnel,
parents, students, law enforcement officials, judicial
officials, health service providers and community leaders in
prevention, education, early intervention, counseling or
rehabilitation referral;
``(C) the implementation of strategies, including
strategies to integrate the delivery of services from a
variety of providers, to combat illegal alcohol and other
drug use, such as--
``(i) family counseling;
``(ii) early intervention activities that prevent family
dysfunction, enhance school performance, and boost attachment
to school and family; and
``(iii) activities, such as community service and service-
learning projects, that are designed to increase students'
sense of community;
``(3) age-appropriate, developmentally based violence
prevention and education programs for all students, from the
preschool level through grade 12, that address the legal,
health, personal, and social consequences of violent and
disruptive behavior, including sexual harassment, and that
include activities designed to help students develop a sense
of individual responsibility and respect for the rights of
others, and to resolve conflicts without violence;
``(4) violence prevention programs for school-aged youth,
which emphasize students' sense of individual responsibility
and may include--
``(A) the dissemination of information about school safety
and discipline;
``(B) the professional development of school personnel,
parents, students, law enforcement officials, judicial
officials, and community leaders in designing and
implementing strategies to prevent school violence;
``(C) the implementation of strategies, such as conflict
resolution and peer mediation and the use of mentoring
programs, to combat school violence and other forms of
disruptive behavior, such as sexual harassment; and
``(D) comprehensive, community-wide strategies to prevent
or reduce illegal gang activities;
``(5) subject to the requirements of the matter following
paragraph (8), not more than one half of the cost of--
``(A) minor remodeling to promote security and reduce the
risk of violence, such as removing lockers, installing better
lights, and upgrading locks; and
``(B) acquiring and installing metal detectors and hiring
security personnel;
``(6) the promotion of before-and-after school
recreational, instructional, cultural, and artistic programs
in supervised community settings; and
``(7) drug abuse resistance education programs, designed to
teach students to recognize and resist pressures to use
alcohol or other drugs, which may include activities such as
classroom instruction by uniformed law enforcement officers,
resistance techniques, resistance to peer pressure and gang
pressure, and provision for parental involvement;
``(8) the evaluation of any of the activities authorized
under this subsection.
A local educational agency may use no more than 33 percent of
the funds it receives under this part for any fiscal year for
the activities described in paragraph (5).
``SEC. 4106. EVALUATION AND REPORTING.
``(a) National Impact Evaluation.--The Secretary, in
consultation with the Secretary of Health and Human Services,
the Director of the Office of National Drug Control Policy,
and the Attorney General, shall conduct an independent
biennial evaluation of the national impact of programs under
this part and submit a report of the findings of such
evaluation to the President and the Congress.
``(b) State Report.--(1) By October 1, 1997, and every
third year thereafter, the State educational agency shall
submit to the Secretary a report--
``(A) on the implementation and outcomes of State programs
under section 4103(b) and local programs under section
4103(d), as well as an assessment of their effectiveness; and
[[Page 431]]
``(B) on the State's progress toward attaining its goals
for drug and violence prevention under section 4103(b)(1).
``(2) The report required by this subsection shall be--
``(A) in the form specified by the Secretary;
``(B) based on the State's on-going evaluation activities,
and shall include data on the prevalence of drug use and
violence by youth in schools and communities; and
``(C) made readily available to the public.
``(c) Local Educational Agency Report.--Each local
educational agency receiving funds under this subpart shall
submit to the State educational agency whatever information,
and at whatever intervals, the State requires to complete the
State report required by subsection (b), including
information on the prevalence of drug use and violence by
youth in the schools and the community. Such information
shall be made readily available to the public.
``PART B--NATIONAL PROGRAMS
``SEC. 4201. FEDERAL ACTIVITIES.
``(a) Program Authorized.--From funds appropriated under
section 4004(a)(2), the Secretary of Education, in
consultation with the Secretary of Health and Human Services,
the Director of the Office of National Drug Control Policy,
and the Attorney General, shall carry out programs to prevent
the illegal use of drugs and violence among, and promote
safety and discipline for, students at all educational
levels, preschool through postsecondary. The Secretary shall
carry out such programs directly, or through grants,
contracts, or cooperative agreements with public and private
organizations and individuals, or through agreements with
other Federal agencies, and shall coordinate such programs
with other appropriate Federal activities. Such programs may
include--
``(1) the development and demonstration of innovative
strategies for training school personnel, parents, and
members of the community, including the demonstration of
model preservice training programs for prospective school
personnel;
``(2) demonstrations and rigorous evaluations of innovative
approaches to drug and violence prevention that are carried
out in cooperation with other Federal agencies, including the
Department of Health and Human Services, the Department of
Justice, the Department of Housing and Urban Development, and
the Department of Labor;
``(3) the provision of information on drug abuse education
and prevention to the Secretary of Health and Human Services
for dissemination by the clearinghouse for alcohol and drug
abuse information established under section 509 of the Public
Health Service Act;
``(4) the development, dissemination, and implementation of
model programs and strategies to promote the safety of
students attending institutions of higher education by
preventing violent behavior and the illegal use of alcohol
and other drugs by such students;
``(5) the development of curricula related to child abuse
prevention and education and the training of personnel to
teach child abuse education and prevention to elementary and
secondary school children;
``(6) program evaluations that address issues not addressed
under section 4106(a);
``(7) direct services to schools and school systems
afflicted with especially severe drug and violence problems;
``(8) activities in communities designated as empowerment
zones or enterprise communities that will connect schools to
community-wide efforts to reduce drug and violence problems;
``(9) developing and disseminating drug and violence
prevention materials, including video-based projects and
model curricula;
``(10) developing and implementing a comprehensive violence
prevention strategy for schools and communities, that may
include conflict resolution, peer mediation, the teaching of
law and legal concepts, and other activities designed to stop
violence;
``(11) the implementation of innovative activities, such as
community service projects, designed to rebuild safe and
healthy neighborhoods and increase students' sense of
individual responsibility.
``(12) other activities that meet unmet national needs
related to the purposes of this title; and
``(13) grants to noncommercial telecommunications entities
for the production and distribution of national video-based
projects that provide young people with models for conflict
resolution and responsible decisionmaking.
``(b) Peer Review.--The Secretary shall use a peer review
process in reviewing applications for funds under this
section.
``PART C--GENERAL PROVISIONS
``SEC. 4301. DEFINITIONS.
``For the purposes of this title, the following terms have
the following meanings:
``(1) The term `drug and violence prevention' means--
``(A) with respect to drugs, prevention, early
intervention, rehabilitation referral, or education related
to the illegal use of alcohol, the use of tobacco and the use
of controlled, illegal, addictive, or harmful substances,
including inhalants and anabolic steroids; and
``(B) with respect to violence, the promotion of school
safety, such that students and school personnel are free from
violent and disruptive acts, including sexual harassment, on
school premises, going to and from school, and at school-
sponsored activities, through the creation and maintenance of
a school environment that is free of weapons and fosters
individual responsibility and respect for the rights of
others.
``(2) The term `nonprofit', as applied to a school, agency,
organization, or institution means a school, agency,
organization, or institution owned and operated by one or
more nonprofit corporations or associations, no part of the
net earnings of which inures, or may lawfully inure, to the
benefit of any private shareholder or individual.
``(3) The term `school-aged population' means the
population aged five through 17, inclusive, as determined by
the Secretary on the basis of the most recent satisfactory
data available from the Department of Commerce.
``(4) The term `school personnel' includes teachers,
administrators, guidance counselors, social workers,
psychologists, nurses, librarians, and other support staff
who are employed by a school or who perform services for the
school on a contractual basis.
``SEC. 4302. MATERIALS.
``(a) `Wrong and Harmful' Message.--Drug prevention
programs supported under this title shall convey a clear and
consistent message that the illegal use of alcohol and other
drugs is wrong and harmful.
``(b) Curriculum.--The Secretary shall not prescribe the
use of specific curricula for programs supported under this
title, but may evaluate the effectiveness of such curricula
and other strategies in drug and violence prevention.
``SEC. 4303. PROHIBITED USES OF FUNDS.
``No funds under this title may be used for--
``(1) construction (except for minor remodeling needed to
accomplish the purposes of this title);
``(2) drug treatment or rehabilitation; and
``(3) psychiatric, psychological, or other medical
treatment or rehabilitation, other than school-based
counseling for students or school personnel who are victims
or witnesses of school-related crime.
``SEC. 4304. CERTIFICATION OF DRUG AND ALCOHOL ABUSE
PREVENTION PROGRAMS.
``(a) In General.--Notwithstanding any other provision of
law other than section 432 of the General Education
Provisions Act and section 103(b) of the Department of
Education Organization Act, no local educational agency shall
be eligible to receive funds or any other form of financial
assistance under any Federal program unless it certifies to
the State educational agency that it has adopted and has
implemented a program to prevent the use of illicit drugs and
alcohol by students or employees that, at a minimum,
includes--
``(1) age-appropriate, developmentally based drug and
alcohol education and prevention programs (which address the
legal, social, and health consequences of drug and alcohol
use and which provide information about effective techniques
for resisting peer pressure to use illicit drugs or alcohol)
for students in all grades of the schools operated or served
by the applicant, from early childhood level through grade
12;
``(2) conveying to students that the use of illicit drugs
and the unlawful possession and use of alcohol is wrong and
harmful;
``(3) standards of conduct that are applicable to students
and employees in all the applicant's schools and that clearly
prohibit, at a minimum, the unlawful possession, use, or
distribution of illicit drugs and alcohol by students and
employees on school premises or as part of any of its
activities;
``(4) a clear statement that sanctions (consistent with
local, State, and Federal law), up to and including expulsion
or termination of employment and referral for prosecution,
will be imposed on students and employees who violate the
standards of conduct required by paragraph (3) and a
description of those sanctions;
``(5) information about any available drug and alcohol
counseling and rehabilitation and re-entry programs that are
available to students and employees;
``(6) a requirement that parents, students, and employees
be given a copy of the standards of conduct required by
paragraph (3) and the statement of sanctions required by
paragraph (4);
``(7) notifying parents, students, and employees that
compliance with the standards of conduct required by
paragraph (3) is mandatory; and
``(8) a biennial review by the applicant of its program
to--
``(A) determine its effectiveness and implement changes to
the program if they are needed; and
``(B) ensure that the sanctions required by paragraph (4)
are consistently enforced.
``(b) Dissemination of Information.--Each local educational
agency that provides the certification required by subsection
(a) shall, upon request, make available to the Secretary, the
State educational agency, and to the public full information
about the elements of its program required by subsection (a),
including the results of its biennial review.
``(c) Certification to Secretary.--Each State educational
agency shall certify to the Secretary that it has adopted and
has implemented a program to prevent the use of illicit drugs
and the abuse of alcohol by its students and employees that
is consistent with the program required by subsection (a) of
this section. The State educational agency shall, upon
request, make available to the Secretary and to the public
full information about the elements of its program.
``(d) Regulations.--(1) The Secretary shall publish
regulations to implement and en-
[[Page 432]]
force the provisions of this section, including regulations
that provide for--
``(A) the periodic review by State educational agencies of
a representative sample of programs required by subsection
(a); and
``(B) a range of responses and sanctions for local
educational agencies that fail to implement their programs or
to consistently enforce their sanctions, including
information and technical assistance, the development of a
compliance agreement, and the termination of any form of
Federal financial assistance.
``(2) The sanctions required by subsection (a)(1)(4) may
include the completion of an appropriate rehabilitation
program.
``(e) Appeal Regarding Termination of Assistance.--Upon a
determination by the Secretary to terminate financial
assistance to any local educational agency under this
section, the agency may file an appeal with an administrative
law judge before the expiration of the 30-day period
beginning on the date such agency is notified of the decision
to terminate financial assistance under this section. Such
judge shall hold a hearing with respect to such termination
of assistance before the expiration of the 45-day period
beginning on the date that such appeal is filed. Such judge
may extend such 45-day period upon a motion by the agency
concerned. The decision of the judge with respect to such
termination shall be considered to be a final agency action.
``TITLE V--MAGNET SCHOOLS ASSISTANCE
``PART A--PROMOTING EQUITY
``SEC. 5101. FINDINGS.
``The Congress finds that--
``(1) magnet schools are a significant part of our Nation's
effort to achieve voluntary desegregation in its schools;
``(2) the use of magnet schools has increased dramatically
since enactment of the magnet program, with approximately 1.4
million students nationwide now attending such schools, of
which more than 60 percent of the students are nonwhite;
``(3) magnet schools offer a wide range of distinctive
programs that have served as models for school improvement
efforts;
``(4) in administering this program, the Federal Government
has learned that--
``(A) where magnet programs are implemented for only a
portion of a school's student body, special efforts must be
made to discourage the isolation of magnet students from
other students in the school;
``(B) local educational agencies can maximize their
effectiveness in achieving the purposes of this program if
they have more flexibility to serve students attending a
school who are not enrolled in the magnet school program;
``(C) local educational agencies must be creative in
designing magnet schools for students at all academic levels,
so that school districts do not skim off only the highest
achieving students to attend the magnet schools;
``(D) local educational agencies must seek to enable
participation in magnet school programs by students who
reside in the neighborhoods where the programs are placed;
and
``(E) in order to ensure that magnet schools are sustained
after Federal funding ends, the Federal Government must
assist local educational agencies to improve their capacity
to continue to operate magnet schools at a high level of
performance;
``(5) it is in the best interest of the Federal Government
to--
``(A) continue its support of local educational agencies
implementing court-ordered desegregation plans and local
educational agencies seeking to foster meaningful interaction
among students of different
racial and ethnic backgrounds beginning at the earliest stage
of their education;
``(B) ensure that all students have equitable access to
quality education that will prepare them to function well in
a culturally diverse, technologically-oriented, and highly
competitive global community; and
``(C) maximize the ability of local educational agencies to
plan, develop, implement and continue new and innovative
programs in magnet schools that contribute to State and local
systemic reform.
``SEC. 5102. STATEMENT OF PURPOSE.
``The purpose of this part is to assist in the
desegregation of local educational agencies by providing
financial assistance to eligible local educational agencies
for--
``(1) the elimination, reduction, or prevention of minority
group isolation in elementary and secondary schools with
substantial proportions of minority students;
``(2) the development and implementation of magnet school
projects that will assist local educational agencies in
achieving systemic reforms and providing all students the
opportunity to meet challenging State performance standards;
``(3) the development and design of innovative educational
methods and practices; and
``(4) courses of instruction within magnet schools that
will substantially strengthen the knowledge of academic
subjects and the grasp of tangible and marketable vocational
skills of students attending such schools.
``SEC. 5103. PROGRAM AUTHORIZED.
``The Secretary is authorized, in accordance with this
part, to make grants to eligible local educational agencies
for use in magnet schools that are part of an approved
desegregation plan and that are designed to bring students
from different social, economic, ethnic, and racial
backgrounds together.
``SEC. 5104. DEFINITION.
``For the purpose of this part, the term `magnet school'
means a school or education center that offers a special
curriculum capable of attracting substantial numbers of
students of different racial backgrounds.
``SEC. 5105. ELIGIBILITY.
``A local educational agency is eligible to receive
assistance under this part if it--
``(1) is implementing a plan undertaken pursuant to a final
order issued by a court of the United States, or a court of
any State, or any other State agency or official of competent
jurisdiction, and that requires the desegregation of
minority-group-segregated children or faculty in the
elementary and secondary schools of such agency; or
``(2) without having been required to do so, has adopted
and is implementing, or will, if assistance is made available
to it under this part, adopt and implement a plan that has
been approved by the Secretary as adequate under title VI of
the Civil Rights Act of 1964 for the desegregation of
minority-group-segregated children or faculty in such
schools.
``SEC. 5106. APPLICATIONS AND REQUIREMENTS.
``(a) Applications.--An eligible local educational agency
desiring to receive assistance under this part shall submit
an application to the Secretary at such time, in such manner,
and containing such information and assurances as the
Secretary may require.
``(b) Information and Assurances.--An application under
this part shall include--
``(1) a description of--
``(A) how assistance made available under this part will be
used to promote desegregation, including how the proposed
magnet school project will increase interaction among
students of different social, economic, ethnic, and racial
backgrounds;
``(B) the manner and extent to which the magnet school
project will increase student achievement in the
instructional area or areas offered by the school;
``(C) the manner in which an applicant will continue the
magnet school project after assistance under this part is no
longer available, including, if applicable, an explanation of
whether successful magnet schools established or supported by
the applicant with funds under this part have been continued
without the use of funds under this part;
``(D) how funds under this part will be used to implement
services and activities that are consistent with the State's
and local educational agency's systemic reform plan, if any,
under title III of the Goals 2000: Educate America Act; and
``(E) the criteria to be used in selecting students to
attend the proposed magnet school projects; and
``(2) assurances that the applicant will--
``(A) use funds under this part for the purposes specified
in section 5103;
``(B) employ teachers in the courses of instruction
assisted under this part who are certified or licensed by the
State to teach the subject matter of the courses of
instruction;
``(C) not engage in discrimination based on race, religion,
color, national origin, sex, or disability in--
``(i) the hiring, promotion, or assignment of employees of
the agency or other personnel for whom the agency has any
administrative responsibility;
``(ii) the assignment of students to schools, or to courses
of instruction within the school, of such agency, except to
carry out the approved plan; and
``(iii) designing or operating extracurricular activities
for students;
``(D) carry out a high-quality education program that will
encourage greater parental decisionmaking and involvement;
and
``(E) give students residing in the local attendance area
of the proposed magnet school projects equitable
consideration for places in those projects.
``(c) Special Rule.--No application may be approved under
this section unless the Assistant Secretary of Education for
Civil Rights determines that the assurances described in
subsection (b)(2)(C) will be met.
``SEC. 5107. PRIORITY.
``In approving applications under this part, the Secretary
shall give priority to applicants that--
``(1) have the greatest need for assistance, based on the
expense or difficulty of effectively carrying out an approved
desegragation plan and the projects for which assistance is
sought;
``(2) propose to carry out new magnet school projects or
significantly revise existing magnet school projects;
``(3) propose to select students to attend magnet school
projects by methods such as lottery, rather than through
academic examination;
``(4) propose to implement innovative educational
approaches that are consistent with the State's and local
educational agency's approved systemic reform plans, if any,
under title III of the Goals 2000: Educate America Act; and
``(5) propose to draw on comprehensive community
involvement plans.
``SEC. 5108. USE OF FUNDS.
``(a) Use of Funds.--Grants made under this part may be
used by eligible local educational agencies--
``(1) for planning and promotional activities directly
related to the development, expansion, continuation, or
enhancement of academic programs and services offered at
magnet schools;
``(2) for the acquisition of books, materials, and
equipment, including computers and the maintenance and
operation thereof, nec-
[[Page 433]]
essary for the conduct of programs in magnet schools;
``(3) for the payment of, or subsidization of the
compensation of, elementary and secondary school teachers who
are certified or licensed by the State and who are necessary
to conduct programs in magnet schools; and
``(4) with respect to a magnet school program offered to
less than the entire student population of a school, for
instructional activities that--
``(A) are designed to make available the special curriculum
that is offered by the magnet school project to students who
are enrolled in the school but who are not enrolled in the
magnet school program; and
``(B) further the purposes of this part.
``(b) Special Rule.--With respect to subsections (a)(2) and
(3), such grants may be used by eligible local educational
agencies for such activities only if such activities are
directly related to improving the students' reading skills or
their knowledge of mathematics, science, history, geography,
English, foreign languages, art, or music, or to improving
vocational skills.
``SEC. 5109. PROHIBITIONS.
``Grants under this part may not be used for
transportation, or for any activity that does not augment
academic improvement.
``SEC. 5110. LIMITATION ON PAYMENTS.
``(a) Duration of Awards.--Awards made under this part
shall not exceed 3 years.
``(b) Limitation on Planning Funds.--A local educational
agency may expend for planning up to 50 percent of the funds
received under this part for the first year of the project,
15 percent for the second year of the project, and up to 10
percent for the third year of the project.
``(c) Limitation on Grants.--A local educational agency
shall not receive more than $4,000,000 under this part in any
one grant cycle.
``(d) Award Requirement.--To the extent practicable, for
any fiscal year, the Secretary shall award grants to local
educational agencies under this part no later than June 1 of
the applicable fiscal year.
``SEC. 5111. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.
``(a) Authorization.--For the purpose of carrying out this
part, there are authorized to be appropriated $120,000,000
for fiscal year 1995 and such sums as may be necessary for
each of the fiscal years 1996, 1997, 1998, and 1999.
``(b) Availability of Funds for Grants to Agencies Not
Previously Assisted.--In any fiscal year for which the amount
appropriated pursuant to subsection (a) exceeds $75,000,000,
the Secretary shall, with respect to such excess amount, give
priority to grants to local educational agencies that did not
receive a grant under this part in the last fiscal year of
the funding cycle prior to the fiscal year for which the
determination is made.
``(c) Evaluations.--The Secretary may reserve not more than
2 percent of the funds appropriated under subsection (a) for
any fiscal year to carry out evaluations of projects under
this part.
``PART B--WOMEN'S EDUCATIONAL EQUITY ACT
``SEC. 5201. FINDINGS AND STATEMENT OF PURPOSE.
``(a) Findings.--The Congress finds and declares that--
``(1) educational programs in the United States are
frequently inequitable as such programs relate to women and
girls;
``(2) such inequities limit the full participation of all
individuals in American society; and
``(3) efforts to improve the quality of public education
also must include efforts to ensure equal access to quality
education programs for all women and girls.
``(b) Purpose.--The purpose of this part is to provide
gender equity in education in the United States; to provide
financial assistance to enable educational agencies and
institutions to meet the requirements of title IX of the
Educational Amendments of 1972; and to provide equity in
education to women and girls who suffer multiple forms of
discrimination based on sex, race, ethnic origin, limited
English proficiency, disability, or age.
``SEC. 5202. PROGRAMS AUTHORIZED.
``The Special Assistant of the Office of Women's Equity is
authorized--
``(1) to promote, coordinate and evaluate gender equity
policies, programs, activities and initiatives in all federal
education program and offices;
``(2) to develop, maintain, and disseminate materials,
resources, analyses and research relating to education equity
for women and girls;
``(3) to provide information and technical assistance to
assure the effective implementation of gender equity
programs;
``(4) coordinate gender equity programs and activities with
other federal agencies with jurisdiction over education and
related programs;
``(5) to provide grants to develop model equity programs;
``(6) to provide funds for the implementation of equity
programs in schools throughout the Nation;
``(7) to assist the Assistant Secretary of the Office of
Educational Research and Improvement in identifying research
priorities related to education equity for women and girls;
and
``(8) any other activities consistent with achieving the
purposes of this part.
``SEC. 5203. LOCAL IMPLEMENTATION GRANTS.
``(a) Authority.--The Secretary is authorized to make
grants to, and enter into contracts with, public agencies,
private nonprofit agencies, organizations, and institutions,
including students and community groups, for activities
designed to achieve the purposes of this part at all levels
of education, including preschool, elementary and secondary
education, higher education, adult education and vocational/
technical education; for the establishment and operation, for
a period not to exceed four years, of local programs to
ensure--
``(1) educational equity for women and girls
``(2) equal opportunities for both sexes
``(3) to conduct activities incident to achieving
compliance with title IX of the Education Amendments of 1972;
and
``(b) Grant Program.--Authorized activities under
subsection (a) may include--
``(1) introduction into the curriculum and classroom of
curricula, textbooks, and other material designed to achieve
equity for women and girls;
``(2) implementation of preservice and inservice training
with special emphasis on programs and activities designed to
provide educational equity for women and girls;
``(3) evaluation of promising or exemplary model programs
to assess their ability to improve local efforts to advance
educational equity for women and girls;
(4) implementation of programs and policies to address
sexual harassment and violence against women and girls and to
ensure that educational institutions are free from threats to
the safety of students and personnel;
``(5) implementation of guidance and counseling activities,
including career education program, designed to ensure
educational equity for women and girls;
``(6) implementation of nondiscriminatory tests of aptitude
and achievement and of alternative assessments that eliminate
biased assessment instruments from use;
``(7) implementation of programs to increase educational
opportunities, including higher education, vocational
training, and other educational programs for low income
women; including underemployed and unemployed women and women
receiving Aid to Families with Dependent Children benefits;
``(8) implementation of programs to improve representation
of women in educational administration at all levels; and
``(9) planning, development and initial implementation of:
``(A) comprehensive plans for implementation of equity
programs in state and local educational agencies and
institutions of higher education; including community
colleges;
``(B) innovative approaches to school-community
partnerships for educational equity;
``(C) innovative approaches to equity programs addressing
combined bias, stereotyping, and discrimination on the basis
of sex and race, ethnic origin, limited English proficiency,
and disability.
``(c) Application; Participation.--A grant may be made, and
a contract may be entered into, under this part only upon
application to the Secretary, at such time, in such form, and
containing or accompanied by such information as the
Secretary may prescribe. Each such application shall--
``(1) provide that the program or activity for which
assistance is sought will be administered by or under the
supervision of the applicant and in cooperation with
appropriate educational and community leaders, including
parent, teacher and student organizations, educational
institutions, business leaders, community-based organizations
serving women, and other significant groups and individuals;
``(2) describe a program for carrying out the purpose set
forth in Section 5203(b) which holds promise of making
substantial contribution toward attaining such purposes;
``(3) describe plans for continuation and
institutionalization of the program with local support
following completion of the grant period and termination of
Federal support under this part; and
``(4) establish policies and procedures which ensure
adequate documentation and evaluation of the activities
intended to be carried out under the application.
``(d) Criteria; Priorities; Categories of Competition.--The
Secretary shall establish criteria, priorities, and
categories of competition for awards under this part to
ensure that available funds are used for those purposes that
most effectively will achieve the purposes of the act.
``(1) The Criteria shall address the extent to which--
``(A) the program addresses the needs of women and girls of
color and women and girls with disabilities:
``(B) the program meets locally defined and documented
educational equity needs and priorities, including title IX
compliance;
``(C) the program is a significant component of a
comprehensive plan for educational equity and title IX
compliance in the particular school district, institution of
higher education, vocational-technical institution, or other
educational agency or institution;
``(D) the program implements an institutional change
strategy with long-term impact and will continue as a central
activity of the applicant agency or institution after the
grant is completed.
``(2) The Secretary shall establish no more than four
priorities, one of which shall be a priority for compliance
with title IX of the Education Amendments of 1972. Not more
than 60 percent of funds available in each fiscal year shall
be allocated to programs under the four priorities.
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``(3) The Secretary shall establish 3 categories of
competition, distinguishing among three types of applicants
and levels of education that shall include--
``(A) grants to local educational agencies, state education
agencies, and other agencies and organizations providing
elementary and secondary education;
``(B) grants to institutions of higher education, including
community colleges and other agencies and organizations
providing postsecondary education, including vocational-
technical education, adult education, and other programs;
``(C) grants to non-profit organizations, including
community-based organizations groups representing students,
parents, and women, including women and girls of color and
women and girls with disabilities.
``(e) Requirement.--Not less than 25 percent of funds used
to support activities covered by subsection (b) shall be used
for awards under each category of competition in each fiscal
year.
``(f) Special Rule.--The Secretary shall ensure that the
total of grants awarded each year address--
``(1) all levels of education, including preschool,
elementary and secondary education, higher education,
vocational education, and adult education;
``(2) all regions of the United States, including at least
one grant in each of the ten federal regions;
``(3) urban, rural, and suburban educational institutions.
``SEC. 5204. RESEARCH AND DEVELOPMENT GRANTS.
``(a) Authority.--The Secretary is authorized to make
grants to, and enter into contracts with, public agencies,
private nonprofit agencies, organizations, and institutions,
including students, and community groups, for activities
designed to achieve the purpose of this part at all levels of
education, including preschool, elementary and secondary
education, higher education, adult education and vocational-
technical education; to develop model policies and programs,
and to conduct research to address and ensure educational
equities for women and girls, including but not limited to--
``(1) the development and evaluation of gender-equitable
curricula, textbooks, software, and other educational
material and technology;
``(2) the development of model preservice and inservice
training programs for educational personnel with special
emphasis on programs and activities designed to provide
educational equity;
``(3) the development of guidance and counseling
activities, including career education programs, designed to
ensure gender equity;
``(4) the development and evaluation of nondiscriminatory
assessment systems;
``(5) the development of policies and programs to address
and prevent sexual harassment and violence to ensure that
educational institutions are free from threats to safety of
students and personnel;
``(6) the development and improvement of programs and
activities to increase opportunity for women, including
continuing educational activities, vocational education, and
programs for low income women; including underemployed and
unemployed women, and women receiving Aid to Families with
Dependent Children.
``(7) the development of instruments and strategies for
program evaluation and dissemination of promising or
exemplary programs designed to improve local efforts to
achieve gender equity;
``(8) the development of instruments and procedures to
assess the presence or absence of gender equity in
educational settings;
``(9) the development and evaluation of various strategies
to institutionalize gender equity in education.
``(b) Application.--A grant may be made, and a contract may
be entered into, under this part only upon application to the
Secretary, at such time, in such form, and containing or
accompanied by such information as the Secretary may
prescribe. Each such application shall--
``(1) provide that the program or activity for which
assistance is sought will be administered by or under the
supervision of the applicant;
``(2) describe a plan for carrying out 1 or more research
and development activities authorized in paragraph (a) above,
which holds promise of making a substantial contribution
toward attaining the purposes of this act; and
``(3) set forth policies and procedures which insure
adequate documentation, data collection, and evaluation of
the activities intended to be carried out under the
application, including an evaluation or estimate of the
potential for continued significance following completion of
the grant period.
``(c) Criteria and Priorities.--(1) The Secretary shall
establish criteria and priorities to ensure that available
funds are used for programs that most effectively will
achieve the purposes of this part.
``(2) The criteria and priorities shall be promulgated in
accordance with section 431 of the General Education
Provisions Act.
``(3) In establishing priorities the Secretary shall
establish no more than 4 priorities, 1 of which shall be
programs which address the educational needs of women and
girls who suffer multiple or compound discrimination based on
sex and on race, ethnic origin, disability, or age.
``(d) Special Rule.--The Secretary shall ensure that the
total of grants awarded each year address--
``(1) all levels of education, including preschool,
elementary and secondary education, higher education,
vocational education, and adult education;
``(2) all regions of the United States;
``(d) Coordination.--Research activities supported under
this part--
``(1) shall be carried out in consultation with the Office
of Educational Research and Improvement to ensure that such
activities are coordinated with and enhance the research and
development activities supported by the Office; and
``(2) may include collaborative research activities which
are jointly funded and carried out by the Office of Women's
Equity and the Office of Educational Research and
Improvement.
``(f) Limitation.--Nothing in this part shall be construed
as prohibiting men and boys from participating in any
programs or activities assisted under this part.
``SEC. 5205. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated--
``(1) for the purpose of carrying out the provisions of
section 5203, there are authorized to be appropriated
$3,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999; and
``(2) for the purpose of carrying out the provisions of
section 5204, there are authorized to be appropriated
$2,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``TITLE VI--INDIAN EDUCATION
``SEC. 6001. FINDINGS.
``The Congress finds that--
``(1) the Federal Government has a special responsibility
to ensure that educational programs for all American Indian
and Alaska Native children and adults--
``(A) are based on high-quality, internationally
competitive content and student performance standards and
build on Indian culture and the Indian community;
``(B) assist local educational agencies, Indian tribes, and
others in providing Indian students the opportunity to
achieve those standards; and
``(C) meet the special educational and culturally related
academic needs of American Indian and Alaska Native students;
``(2) since enactment of the original Indian Education Act
in 1972, Indian parents have become significantly more
involved in the planning, development, and implementation of
educational programs that affect them and their children, and
schools should continue to foster such involvement;
``(3) although the numbers of Indian teachers,
administrators, and university professors have increased
since 1972, teacher training programs are not recruiting,
training, or retraining sufficient numbers of Indian persons
as educators to meet the needs of a growing Indian student
population in elementary, secondary, vocational, adult, and
higher education;
``(4) the dropout rate for Indian students is unacceptably
high; for example, nine percent of Indian students who were
eighth graders in 1988 had already dropped out of school by
1990;
``(5) from 1980 to 1990, the percentage of Indian persons
living in poverty increased from 24 percent to 31 percent,
and the readiness of Indian children to learn is hampered by
the high incidence of poverty, unemployment, and health
problems among Indian children and families; and
``(6) research related specifically to the education of
Indian children and adults is very limited, and much of it is
poor in quality or focused on limited local or regional
issues.
``SEC. 6002. PURPOSE.
``(a) Purpose.--It is the purpose of this title to support
the efforts of local educational agencies, Indian tribes and
organizations, postsecondary institutions, and other entities
to meet the special educational and culturally related
academic needs of American Indians and Alaska Natives, so
that they can achieve to the same challenging State
performance standards expected of all students.
``(b) Programs Authorized.--This title carries out the
purpose described in subsection (a) by authorizing programs
of direct assistance for--
``(1) meeting the special educational and culturally
related academic needs of American Indians and Alaska
Natives;
``(2) the education of Indian children and adults;
``(3) the training of Indian persons as educators and
counselors, and in other professions serving Indian people;
and
``(4) research, evaluation, data collection, and technical
assistance.
``PART A--FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES
``SEC. 6101. PURPOSE.
``It is the purpose of this part to support local
educational agencies in their efforts to reform elementary
and secondary school programs that serve Indian students in
order to ensure that such programs--
``(1) are based on challenging State content and student
performance standards that are used for all students; and
``(2) are designed to assist Indian students meet those
standards and assist the Nation in reaching the National
Education Goals.
``SEC. 6102. GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``A local educational agency is eligible for a grant under
this part for any fiscal year if the number of Indian
children who were en-
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rolled in the schools of the agency, and to whom the agency
provided free public education, during the preceding fiscal
year--
``(1) was at least 20; or
``(2) constituted not less than 25 percent of the agency's
total enrollment.
``SEC. 6103. AMOUNT OF GRANTS.
``(a) Amount of Grants.--(1) The Secretary is authorized to
allocate to each local educational agency which has an
approved application under this part an amount equal to the
product of--
``(A) the number of Indian children described in section
6106; and
``(B) the greater of--
``(i) the average per-pupil expenditure of the State in
which the agency is located; or
``(ii) 80 percent of the average per-pupil expenditure in
the United States.
``(2) The Secretary shall reduce the amount of each
allocation determined under paragraph (1) in accordance with
subsection (e) of this section.
``(b) Minimum Grant Amount.--The Secretary shall not make a
grant to a local educational agency if the amount determined
under subsection (a) is less than $4,000, except that the
Secretary may make a grant to a consortium of local
educational agencies, one or more of which does not qualify
for such a minimum award, if--
``(1) the total amount so determined for such agencies is
not less than $4,000;
``(2) such agencies, in the aggregate, meet the eligibility
requirement of either section 6102(1) or 6102(2); and
``(3) the Secretary determines that such a grant would be
effectively used to carry out the purpose of this part.
``(c) Definition.--For the purpose of this section, the
average per-pupil expenditure of a State is determined by
dividing--
``(1) the aggregate current expenditures of all the local
educational agencies in the State, plus any direct current
expenditures by the State for the operation of such agencies,
without regard to the sources of funds from which such local
or State expenditures were made, during the second fiscal
year preceding the fiscal year for which the computation is
made; by
``(2) the aggregate number of children who were in average
daily attendance for whom such agencies provided free public
education during such preceding fiscal year.
``(d) Schools Operated or Supported by the Bureau of Indian
Affairs.--(1) In addition to the grants determined under
subsection (a), the Secretary shall allocate to the Secretary
of the Interior an amount equal to the product of--
``(A) the total number of Indian children enrolled in
schools that are operated by--
``(i) the Bureau of Indian Affairs; or
``(ii) an Indian tribe, or an organization controlled or
sanctioned by an Indian tribal government, for the children
of that tribe under a contract with, or grant from, the
Department of the Interior under the Indian Self-
Determination Act (25 U.S.C. 450f et seq.) or the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.); and
``(B) the greater of--
``(i) the average per-pupil expenditure of the State in
which the school is located; or
``(ii) 80 percent of the average per-pupil expenditure in
the United States.
``(2) The Secretary shall transfer the amount determined
under paragraph (1), reduced as may be necessary under
subsection (e), to the Secretary of the Interior in
accordance with, and subject to, section 9205 of this Act.
``(e) Ratable Reductions.--If the sums appropriated for any
fiscal year under section 6602(a) are insufficient to pay in
full the amounts determined for local educational agencies
under subsection (a)(1) and for the Secretary of the Interior
under subsection (d), each of those amounts shall be ratably
reduced.
``SEC. 6104. APPLICATIONS.
``(a) General.--Any local educational agency that desires
to receive a grant under this part shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may
reasonably require.
``(b) Comprehensive Program Required.--Each such
application shall include a comprehensive program for meeting
the needs of Indian children in the local educational agency,
including their language and cultural needs, that--
``(1) provides programs and activities to meet the
culturally related academic needs of American Indian and
Alaska Native students,
``(2)(A) is consistent with, and promotes the goals in, the
State and local plans, either approved or being developed,
under title III of the Goals 2000: Educate America Act or, if
such plans are not approved or being developed, with the
State and local plans under sections 1111 and 1112 of this
Act; and
``(B) includes academic content and student performance
goals for such children, and benchmarks for attaining them,
that are based on the challenging State standards adopted
under title III of the Goals 2000: Educate America Act or
under title I of this Act for all children;
``(3) explains how Federal, State, and local programs,
especially under title I of this Act, will meet the needs of
such students;
``(4) demonstrates how funds under this part will be used
for activities authorized by section 6105;
``(5) describes the professional development to be
provided, as needed, to ensure that--
``(A) teachers and other school professionals who are new
to the Indian community are prepared to work with Indian
children; and
``(B) all teachers who will be involved in the project have
been properly trained to carry it out; and
``(6) describes how the agency--
``(A) will periodically assess the progress of all Indian
children in its schools, including Indian children who do not
participate in programs under this part, in meeting the goals
described in paragraph (2);
``(B) will provide the results of that assessment to the
parent committee described in subsection (c)(6) and to the
community served by the agency; and
``(C) is responding to findings of any previous such
assessments.
``(c) Assurances.--Each such application shall also include
assurances that--
``(1) the local educational agency will use funds received
under this part only to supplement the level of funds that,
in the absence of such Federal funds, the agency would make
available for the education of Indian children, and not to
supplant such funds;
``(2) the local educational agency will submit such reports
to the Secretary, in such form and containing such
information, as the Secretary may require to--
``(A) carry out the Secretary's functions under this part;
and
``(B) determine the extent to which funds provided under
this part have been effective in improving the educational
achievement of Indian students in the local educational
agency;
``(3) the program for which assistance is sought has been
based upon a local assessment and prioritization of the
special educational and culturally related academic needs of
the American Indian and Alaska Native students for which the
local educational agency is providing an education;
``(4) the program for which assistance is sought will use
the best available talents and resources, including persons
from the Indian community;
``(5) the local educational agency has developed the
program in open consultation with parents of Indian children,
teachers, and, where appropriate, secondary school Indian
students, including holding public hearings at which such
persons have had a full opportunity to understand the program
and to offer recommendations regarding such program;
``(6) the local educational agency has developed the
program with the participation and written approval of a
committee--
``(A) that is composed of, and selected by, parents of
Indian children in the local educational agency's schools,
teachers, and, where appropriate, secondary school Indian
students and of which at least half the members are such
parent;
``(B) that sets forth such policies and procedures,
including policies and procedures relating to the hiring of
personnel, as will ensure that the program for which
assistance is sought will be operated and evaluated in
consultation with, and with the involvement of, parents of
the children and representatives of the area to be served;
and
``(C) that, in the case of an application which includes a
schoolwide project (as specified in section 6105(c) of this
part) finds that such project will not diminish the
availability of culturally related activities for American
Indians and Alaskan Native students; and
``(D) that adopts and abides by reasonable bylaws for the
conduct of the activities of the committee.
``(d) State Educational Agency Review.--(1) Before
submitting its application to the Secretary, the local
educational agency shall obtain comments on the application
from the State educational agency.
``(2) The local educational agency shall send the State
educational agency's comments to the Secretary with its
application.
``SEC. 6105. AUTHORIZED SERVICES AND ACTIVITIES.
``(a) General Requirements.--Each local educational agency
that receives a grant under this part shall use the grant
funds for services and activities, consistent with the
purpose of this part, that--
``(1) are designed to carry out its comprehensive plan for
Indian students, described in its application under section
6104(b);
``(2) are designed with special regard for the language and
cultural needs of those students; and
``(3) supplement and enrich the regular school program.
``(b) Particular Activities.--Such services and activities
include--
``(1) culturally related activities which support the
program set out in the application, as required in section
6104;
``(2) early childhood and family programs that emphasize
school readiness;
``(3) enrichment programs that focus on problem-solving and
cognitive skills development and that directly support the
attainment of challenging State content and student
performance standards;
``(4) integrated educational services in combination with
other programs meeting similar needs;
``(5) school-to-work transition activities to enable Indian
students to participate in programs such as those supported
by the School-to-Work Opportunities Act of 1993 and the Carl
D. Perkins Vocational and Applied Technology Education Act,
including tech-prep, mentoring, and apprenticeship programs;
``(6) prevention of, and education about, substance abuse;
and
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``(7) acquisition of equipment, but only if such
acquisition is essential to meet the purpose of this part.
``(c) Schoolwide Programs.--Notwithstanding any other
provision of this part, a local educational agency may use
funds it receives under this part to support a schoolwide
program under section 1114 of title I of this Act, in
accordance with such section, if the Secretary determines
that the local educational agency has made adequate provision
for the participation of Indian children in such project and
the involvement of Indian parents in the formulation of such
project.
``SEC. 6106. STUDENT ELIGIBILITY FORMS.
``(a) The Secretary shall require that each application for
a grant under this subpart for each fiscal year be supported
by a form, maintained in the files of the applicant, for each
eligible Indian child for whom the local educational agency
is providing free public education that sets forth
information establishing the status of the child as an
eligible Indian child.
``(b) The Secretary shall request on the form required
under subsection (a) at least the following information:
``(1) either--
``(A) the name of the tribe, band, or other organized group
of Indians with which the child claims membership, along with
the enrollment number establishing membership (if readily
available), and the name and address of the organization
which has updated and accurate membership data for such
tribe, band, or other organized group of Indians, or
``(B) if the child is not a member of a tribe, band, or
other organized group of Indians, the name, the enrollment
number (if readily available), and the organization (and
address thereof) responsible for maintaining updated and
accurate membership rolls of any of the child's parents or
grandparents, from whom the child claims eligibility;
``(2) whether the tribe, band, or other organized group of
Indians with which the child, his parents, or grandparents
claim membership is federally recognized;
``(3) the name and address of the parent or legal guardian;
``(4) the signature of the parent or legal guardian
verifying the accuracy of the information supplied; and
``(5) any other information which the Secretary deems
necessary to provide an accurate program profile.
``(c) Nothing in the requirements of subsection (b) may be
construed as affecting the definition set forth in section
6601. In order for a child to be counted in computing the
local educational agency's grant award, the eligibility form
for the child must contain at a minimum--
``(1) the child's name;
``(2) the name of the tribe, band, or other organized group
of Indians; and
``(3) the parent's dated signature.
The failure of an applicant to furnish any other information
listed in subsection (b) with respect to any child shall have
no bearing on the determination of whether the child is an
eligible Indian child.
``(d) The forms and the standards of proof (including the
standard of good faith compliance) that were in use during
the 1985-1986 academic year to establish a child's
eligibility for entitlement under the Indian Elementary and
Secondary School Assistance Act shall be the only forms and
standards of proof used to establish such eligibility and to
meet the requirements of subsection (a).
``(e) For purposes of determining whether a child is an
eligible Indian child, the membership of the child, or any
parent or grandparent of the child, in a tribe, band, or
other organized group of Indians may be established by proof
other than an enrollment number, even if enrollment numbers
for members of such tribe, band, or groups are available.
Nothing in subsection (b) may be construed as requiring the
furnishing of enrollment numbers.
``(f)(1)(A) The Secretary shall establish a method of
auditing, on an annual basis, a sample of not less than one-
fourth of the total number of local educational agencies
receiving funds under this part and shall submit to the
Congress an annual report on the findings of the audits.
``(B) For purposes of an audit conducted by the Federal
Government with respect to funds provided under this part,
all procedures, practices, and policies that are established
by--
``(i) the Office of Indian Education of the Department of
Education, or
``(ii) a grantee under this subpart who, in establishing
such procedures, practices, and policies, was acting under
the direction of any employee of such Office that is
authorized by the Director of such Office to provide such
direction,
shall, with respect to the period beginning on the date of
the establishment of such procedures, practices, and
policies, and ending on the date (if any) on which the
Director of such Office revokes authorization for such
procedures, practices, and policies, be considered
appropriate and acceptable procedures, practices, and
policies which are in conformity with Federal law.
``(C) A local educational agency may not be held liable to
the United States, or be otherwise penalized, by reason of
the findings of an audit that relate to the date of
completion, or the date of submission, of any forms used to
establish, before April 28, 1988, a child's eligibility for
entitlement under the Indian Elementary and Secondary School
Assistance Act.
``(2) Any local educational agency that provides false
information in the application for a grant under this subpart
shall be ineligible to apply for any other grants under this
part and shall be liable to the United States for any funds
provided under this part that have not been expended.
``(3) Any student who provides false information on the
form required under subsection (d)(1) may not be taken into
account in determining the amount of any grant under this
part.
``(g) For purposes of distribution of funds under this Act
to schools funded by the Bureau of Indian Affairs, the
Secretary shall use the count of the number of students in
each such school funded under the Indian Student Equalization
Formula developed pursuant to section 1128 of Public Law 95-
561, in lieu of the requirements of this section.
``SEC. 6107. PAYMENTS.
``(a) General.--The Secretary shall pay each local
educational agency with an application approved under this
part the amount determined under section 6103, subject to
subsections (b) and (c) of this section and shall notify such
local educational agency of the amount no later than June 1
of the year in which the grant will be paid.
``(b) Payments Taken Into Account by the State.--The
Secretary shall not make a grant under this part for any
fiscal year to any local educational agency in a State that
has taken into consideration payments under this part (or
under subpart 1 of the Indian Education Act of 1988) in
determining the eligibility of the local educational agency
for State aid, or the amount of that aid, with respect to the
free public education of children during that year or the
preceding fiscal year.
``(c) Reduction of Payment for Failure To Maintain Fiscal
Effort.--(1) The Secretary shall not pay any local
educational agency the full amount determined under section
6103 for any fiscal year unless the State educational agency
notifies the Secretary, and the Secretary determines, that
the combined fiscal effort of that local agency and the State
with respect to the provision of free public education by
such local agency for the preceding fiscal year, computed on
either a per-student or aggregate expenditure basis, was not
less than 90 percent of such combined fiscal effort, computed
on the same basis, for the second preceding fiscal year.
``(2) If the Secretary determines for any fiscal year that
a local educational agency failed to maintain its fiscal
effort at the 90 percent level required by paragraph (1), the
Secretary shall--
``(A) reduce the amount of the grant that would otherwise
be made to the agency under this part in the exact proportion
of such agency's failure to maintain its fiscal effort at
such level; and
``(B) not use the reduced amount of the agency's
expenditures for the preceding year to determine compliance
with paragraph (1) for any succeeding fiscal year, but shall
use the amount of expenditures that would have been required
to comply with paragraph (1).
``(3)(A) The Secretary may waive the requirement of
paragraph (1), for not more than one year at a time, if the
Secretary determines that the failure to comply with such
requirement is due to exceptional or uncontrollable
circumstances, such as a natural disaster or a precipitous
and unforeseen decline in the agency's financial resources.
``(B) The Secretary shall not use the reduced amount of
such agency's expenditures for the fiscal year preceding the
fiscal year for which a waiver is granted to determine
compliance with paragraph (1) for any succeeding fiscal year,
but shall use the amount of expenditures that would have been
required to comply with paragraph (1) in the absence of the
waiver.
``(d) Reallocations.--The Secretary may reallocate, in the
manner the Secretary determines will best carry out the
purpose of this part, any amounts that--
``(1) based on estimates by local educational agencies or
other information, will not be needed by such agencies to
carry out their approved projects under this part; or
``(2) otherwise become available for reallocation under
this part.
``PART B--SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL
OPPORTUNITIES FOR INDIAN CHILDREN
``SEC. 6201. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR
INDIAN CHILDREN.
``(a) In General.--The Secretary shall carry out a program
of making grants for the improvement of educational
opportunities for Indian children--
``(1) to support planning, pilot, and demonstration
projects, in accordance with subsection (b), which are
designed to test and demonstrate the effectiveness of
programs for improving educational opportunities for Indian
children;
``(2) to assist in the establishment and operation of
programs, in accordance with subsection (c), which are
designed to stimulate--
``(A) the provision of educational services not available
to Indian children in sufficient quantity or quality, and
``(B) the development and establishment of exemplary
educational programs to serve as models for regular school
programs in which Indian children are educated;
``(3) to assist in the establishment and operation of
preservice and inservice training programs, in accordance
with subsection (d), for persons serving Indian children as
educational personnel; and
[[Page 437]]
``(4) to encourage the dissemination of information and
materials relating to, and the evaluation of the
effectiveness of, education programs which may offer
educational opportunities to Indian children.
``(b) Demonstration Projects.--The Secretary is authorized
to make grants to State and local educational agencies,
federally supported elementary and secondary schools for
Indian children and to Indian tribes, Indian organizations,
and Indian institutions to support planning, pilot, and
demonstration projects which are designed to plan for, and
test and demonstrate the effectiveness of, programs for
improving educational opportunities for Indian children,
including--
``(1) innovative programs related to the educational needs
of educationally deprived children;
``(2) bilingual and bicultural education programs and
projects;
``(3) special health and nutrition services and other
related activities which meet the special health, social, and
psychological problems of Indian children; and
``(4) coordination of the operation of other federally
assisted programs which may be used to assist in meeting the
needs of such children.
``(c) Services and Programs To Improve Educational
Opportunities.--
``(1) The Secretary is authorized to make grants to State
and local educational agencies and to tribal and other Indian
community organizations to assist them in developing and
establishing educational services and programs specifically
designed to improve educational opportunities for Indian
children. Such grants may be used--
``(A) to provide educational services not available to such
children in sufficient quantity or quality, including--
``(i) remedial and compensatory instruction, school health,
physical education, psychological, and other services
designed to assist and encourage Indian children to enter,
remain in, or reenter elementary or secondary school;
``(ii) comprehensive academic and vocational instruction;
``(iii) instructional materials (such as library books,
textbooks, and other printed, published, or audiovisual
materials) and equipment;
``(iv) comprehensive guidance, counseling, mentoring, and
testing services;
``(v) special education programs for disabled and gifted
and talented Indian children;
``(vi) early childhood programs, including kindergarten;
``(vii) bilingual and bicultural education programs; and
``(viii) other services which meet the purposes of this
subsection; and
``(B) to establish and operate exemplary and innovative
educational programs and centers, involving new educational
approaches, methods, and techniques designed to enrich
programs of elementary and secondary education for Indian
children.
``(2) In addition to the grants provided under paragraph
(1), the Secretary is authorized to provide grants to
consortia of Indian tribes or tribal organizations, local
educational agencies, and institutions of higher education
for the purpose of developing, improving, and implementing a
program of--
``(A) encouraging Indian students to acquire a higher
education, and
``(B) reducing the incidence of dropouts among elementary
and secondary school students.
``(d) Training.--
``(1) The Secretary is authorized to make grants to
institutions of higher education and to State and local
educational agencies, in combination with institutions of
higher education, for carrying out programs and projects--
``(A) to prepare persons to serve Indian students as
teachers, administrators, teacher aides, social workers, and
ancillary educational personnel; and
``(B) to improve the qualifications of such persons who are
serving Indian students in such capacities.
``(2) Grants made under this subsection may be used for the
establishment of fellowship programs leading to an advanced
degree, for institutes and, as part of a continuing program,
for seminars, symposia, workshops, and conferences.
``(3) In programs funded by grants authorized under this
subsection, preference shall be given to the training of
Indians.
``(4) In making grants under this subsection, the Secretary
shall consider prior performance and may not limit
eligibility on the basis of the number of previous grants or
the length of time for which the applicant has received
grants.
``(d) Applications for Grants.--
``(1) Applications for a grant under this section shall be
submitted at such time, in such manner, and shall contain
such information, and shall be consistent with such criteria,
as may be required under regulations prescribed by the
Secretary. Such applications shall--
``(A) set forth a statement describing the activities for
which assistance is sought;
``(B) in the case of an application for a grant under
subsection (c)--
``(i) subject to such criteria as the Secretary shall
prescribe, provide for--
``(I) the use of funds available under this section, and
``(II) the coordination of other resources available to the
applicant,
in order to ensure that, within the scope of the purpose of
the project, there will be a comprehensive program to achieve
the purposes of this section, and
``(ii) provide for the training of personnel participating
in the project; and
``(C) provide for an evaluation of the effectiveness of the
project in achieving its purpose and the purposes of this
section.
``(2)(A) The Secretary may approve an application for a
grant under subsection (b) or (c) only if the Secretary is
satisfied that such application, and any document submitted
with respect thereto--
``(i) demonstrate that--
``(I) there has been adequate participation by the parents
of the children to be served and tribal communities in the
planning and development of the project, and
``(II) there will be such participation in the operation
and evaluation of the project, and
``(ii) provide for the participation, on an equitable
basis, of eligible Indian children--
``(I) who reside in the area to be served,
``(II) who are enrolled in private nonprofit elementary and
secondary schools, and
``(III) whose needs are of the type which the program is
intended to meet,
to the extent consistent with the number of such children.
``(B) In approving applications under this section, the
Secretary shall give priority to applications from Indian
educational agencies, organizations, and institutions.
``SEC. 6202. SPECIAL EDUCATIONAL TRAINING PROGRAMS FOR THE
TEACHERS OF INDIAN CHILDREN.
``(a) In General.--
``(1) The Secretary is authorized to make grants to, and
enter into contracts with, institutions of higher education,
Indian organizations, and Indian tribes for the purpose of--
``(A) preparing individuals for teaching or administering
special programs and projects designed to meet the special
educational needs of Indian people, and
``(B) providing in-service training for persons teaching in
such programs.
``(2) Priority shall be given in the awarding of grants,
and in the entering into of contracts, under subsection (a)
to Indian institutions and organizations.
``(b) Fellowships and Traineeships.--
``(1) In carrying out the provisions of this section, the
Secretary is authorized to award fellowships and traineeships
to individuals and to make grants to, and to enter into
contracts with, institutions of higher education, Indian
organizations, and Indian tribes for the costs of education
allowances.
``(2) In awarding fellowships and traineeships under this
subsection, the Secretary shall give preference to Indians.
``(3) In the case of traineeships and fellowships, the
Secretary is authorized to grant stipends to, and allowances
for dependents of, persons receiving traineeships and
fellowships.
``SEC. 6203. FELLOWSHIPS FOR INDIAN STUDENTS.
``(a) In General.--During each fiscal year ending prior to
October 1, 1999, the Secretary is authorized to award
fellowships to be used for study in graduate and professional
programs at institutions of higher education. Such
fellowships shall be awarded to Indian students in order to
enable them to pursue a course of study of not more than 4
academic years leading toward a postbaccalaureate degree in
medicine, clinical psychology, psychology, law, education,
and related fields or leading to an undergraduate or graduate
degree in engineering, business administration, natural
resources, and related fields.
``(b) Stipends.--The Secretary shall pay to persons awarded
fellowships under subsection (a) such stipends (including
such allowances for subsistence of such persons and their
dependents) the Secretary may determine to be consistent with
prevailing practices under comparable federally supported
programs.
``(c) Payments to Institutions in Lieu of Tuition.--The
Secretary shall pay to the institution of higher education at
which the holder of a fellowship awarded under subsection (a)
is pursuing a course of study, in lieu of tuition charged
such holder, such amounts as the Secretary may determine to
be necessary to cover the cost of education provided the
holder of such a fellowship.
``(d) Special Rules.--
``(1) The Secretary may, if a fellowship awarded under
subsection (a) is vacated prior to the end of the period for
which it was awarded, award an additional fellowship for the
remainder of such period.
``(2) By no later than the date that is 45 days before the
commencement of an academic term, the Secretary shall provide
to each individual who is awarded a fellowship under
subsection (a) for such academic term written notice of the
amount of such fellowship and of any stipends or other
payments that will be made under this section to, or for the
benefit of, such individual for such academic term.
``(3) Not more than 10 percent of the fellowships awarded
under subsection (a) shall be awarded, on a priority basis,
to persons receiving training in guidance counseling with a
specialty in the area of alcohol and substance abuse
counseling and education.
``(e) Service Obligation.--The Secretary shall, by
regulation, require that individuals who receive training
under this section perform related work and shall notify such
local educational agency of the amount no later than June 1
of the year in which the grant will be paid following that
training or repay all or part of the cost of the training.
[[Page 438]]
``SEC. 6204. GIFTED AND TALENTED.
``(a) Establishment of Centers.--The Secretary shall
establish 2 centers for gifted and talented Indian students
at tribally controlled community colleges.
``(b) Demonstration Projects.--
``(1) The Secretary shall award separate grants to, or
enter into contracts with--
``(A) 2 tribally controlled community colleges that--
``(i) are eligible for funding under the Tribally
Controlled Community College Assistance Act of 1978, and
``(ii) are fully accredited, or
``(B) if acceptable applications are not submitted to the
Secretary by 2 of such colleges, the American Indian Higher
Education Consortium,
for the establishment of centers under subsection (a) and for
demonstration projects designed to address the special needs
of Indian students in elementary and secondary schools who
are gifted and talented and to provide such support services
to their families that are needed to enable the students to
benefit from the project.
``(2) Any person to whom a grant is made, or with whom a
contract is entered into, under paragraph (1) may enter into
a contract with any other persons, including the Children's
Television Workshop, for the purpose of carrying out the
demonstration projects for which such grant was awarded or
for which the contract was entered into by the Secretary.
``(3) Demonstration projects funded under this section may
include--
``(A) the identification of the special needs of gifted and
talented students, particularly at the elementary school
level, with attention to the emotional and psychosocial needs
of these students and to the provision of those support
services to their families that are needed to enable these
students to benefit from the project;
``(B) the conduct of educational, psychosocial, and
developmental activities which hold reasonable promise of
resulting in substantial progress toward meeting the
educational needs of such gifted and talented children,
including, but not limited to, demonstrating and exploring
the use of Indian languages and exposure to Indian cultural
traditions, and mentoring and apprenticeship programs;
``(C) the provision of technical assistance and the
coordination of activities at schools which receive grants
under subsection (c) with respect to the activities funded by
such grants, the evaluation of programs at such schools
funded by such grants, or the dissemination of such
evaluations;
``(D) the use of public television in meeting the special
educational needs of such gifted and talented children;
``(E) leadership programs designed to replicate programs
for such children throughout the United States, including the
dissemination of information derived from the demonstration
projects conducted under this section; and
``(F) appropriate research, evaluation, and related
activities pertaining to the needs of such children and to
the provision of such support services to their families that
are needed to enable such children to benefit from the
project.
``(c) Additional Grants.--
``(1) The Secretary, in consultation with the Secretary of
the Interior, shall provide 5 grants to schools that are
Bureau funded schools for program research and development
regarding, and the development and dissemination of
curriculum and teacher training material regarding--
``(A) gifted and talented students,
``(B) college preparatory studies (including programs for
Indian students interested in teaching careers),
``(C) students with special culturally related academic
needs, including social, lingual, and cultural needs, and
``(D) math and science education.
``(2) Applications for the grants provided under paragraph
(1) shall be submitted to the Secretary in such form and at
such time as the Secretary may prescribe. Applications for
such grants by Bureau schools, and the administration of any
of such grants made to a Bureau school, shall be undertaken
jointly by the supervisor of the Bureau school and the local
school board.
``(3) Grants may be provided under paragraph (1) for one or
more activities described in paragraph (1).
``(4) In providing grants under paragraph (1), the
Secretary shall--
``(A) achieve a mixture of programs described in paragraph
(1) which ensures that students at all grade levels and in
all geographic areas of the United States are able to
participate in some programs funded by grants provided under
this subsection, and
``(B) ensure that a definition of the term `gifted and
talented student' for purposes of this section and section
1128(c)(3)(A)(i) of the Education Amendments of 1978 is
developed as soon as possible.
``(5) Subject to the availability of appropriated funds,
grants provided under paragraph (1) shall be made for a 3-
year period and may be renewed by the Secretary for
additional 3-year periods if performance by the grantee is
satisfactory to the Secretary.
``(6)(A) The dissemination of any materials developed from
activities funded by grants provided under paragraph (1)
shall be carried out in cooperation with institutions
receiving funds under subsection (b).
``(B) The Secretary shall report to the Secretary of the
Interior and to the Congress any results from activities
described in paragraph (4)(B).
``(7)(A) The costs of evaluating any activities funded by
grants made under paragraph (1) shall be divided between the
school conducting such activities and the demonstration
project recipients under subsection (b).
``(B) If no funds are provided under subsection (b) for--
``(i) the evaluation of activities funded by grants made
under paragraph (1),
``(ii) technical assistance and coordination with respect
to such activities, or
``(iii) dissemination of such evaluations,
the Secretary shall, by grant or through contract, provide
for such evaluations, technical assistance, coordination, and
dissemination.
``(d) Information Network.--The Secretary shall encourage
persons to whom a grant is made, or with whom a contract is
entered into, under this section to work cooperatively as a
national network so that the information developed by such
persons is readily available to the entire educational
community.
``SEC. 6205. TRIBALLY CONTROLLED SCHOOLS ACT.
``(a) Timely Payments.--Subsection (a) is amended to read
as follows:
`` `(a)(1) Except as otherwise provided in this subsection,
the Secretary shall make payments to grantees under this part
in 2 payments:
`` `(A) one payment to be made no later than July 1 of each
year in an amount equal to one-half of the amount which the
grantee was entitled to receive during the preceding academic
year, and
`` `(B) the second payment, consisting of the remainder to
which the grantee is entitled for the academic year, shall be
made no later than December 1 of each year.
`` `(2) For any school for which no payment was made from
Bureau funds in the preceding academic year, full payment of
the amount computed for the first academic year of
eligibility under this part shall be made no later than
December 1 of the academic year.
`` `(3) With regard to funds for grantees that become
available for obligation on October 1 of the fiscal year for
which they are appropriated, the Secretary shall make
payments to grantees no later than December 1 of the fiscal
year.
`` `(4) The provisions of the Prompt Payment Act (31 U.S.C.
3901 et seq.) shall apply to the payments required to be made
by paragraphs (1), (2), and (3) of this subsection.'.
``(b) Paragraph (3) is amended by striking `Paragraphs (1)
and (2)' and inserting in lieu thereof `Paragraphs (1), (2),
and (3)', and is renumbered as paragraph `(5)'.
``PART C--SPECIAL PROGRAMS RELATING TO ADULT EDUCATION FOR INDIANS
``SEC. 6301. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR
ADULT INDIANS.
``(a) In General.--The Secretary shall carry out a program
of awarding grants to State and local educational agencies
and to Indian tribes, institutions, and organizations--
``(1) to support planning, pilot, and demonstration
projects which are designed to test and demonstrate the
effectiveness of programs for improving employment and
educational opportunities for adult Indians;
``(2) to assist in the establishment and operation of
programs which are designed to stimulate--
``(A) the provision of basic literacy opportunities to all
nonliterate Indian adults, and
``(B) the provision of opportunities to all Indian adults
to qualify for a high school equivalency certificate in the
shortest period of time feasible;
``(3) to support a major research and development program
to develop more innovative and effective techniques for
achieving the literacy and high school equivalency goals;
``(4) to provide for basic surveys and evaluations to
define accurately the extent of the problems of illiteracy
and lack of high school completion among Indians; and
``(5) to encourage the dissemination of information and
materials relating to, and the evaluation of the
effectiveness of, education programs which may offer
educational opportunities to Indian adults.
``(b) Educational Services.--The Secretary is authorized to
make grants to Indian tribes, Indian institutions, and Indian
organizations to develop and establish educational services
and programs specifically designed to improve educational
opportunities for Indian adults.
``(c) Information and Evaluation.--The Secretary is also
authorized to make grants to, and to enter into contracts
with, public agencies and institutions and Indian tribes,
institutions, and organizations for--
``(1) the dissemination of information concerning
educational programs, services, and resources available to
Indian adults, including evaluations thereof; and
``(2) the evaluation of federally assisted programs in
which Indian adults may participate to determine the
effectiveness of such programs in achieving the purposes of
such programs with respect to such adults.
``(d) Applications.--
``(1) Applications for a grant under this section shall be
submitted at such time, in such manner, contain such
information, and be consistent with such criteria, as may be
required under regulations prescribed by the Secretary. Such
applications shall--
``(A) set forth a statement describing the activities for
which assistance is sought; and
``(B) provide for an evaluation of the effectiveness of the
project in achieving its purposes and the purposes of this
section.
``(2) The Secretary shall not approve an application for a
grant under subsection (a) un-
[[Page 439]]
less the Secretary is satisfied that such application, and
any documents submitted with respect thereto, indicate that--
``(A) there has been adequate participation by the
individuals to be served and tribal communities in the
planning and development of the project, and
``(B) there will be such a participation in the operation
and evaluation of the project.
``(3) In approving applications under subsection (a), the
Secretary shall give priority to applications from Indian
educational agencies, organizations, and institutions.
``PART D--NATIONAL ACTIVITIES AND GRANTS TO STATES
``SEC. 6401. NATIONAL ACTIVITIES.
``(a) Authorized Activities.--From funds appropriated for
any fiscal year to carry out this section, the Secretary
may--
``(1) conduct research related to effective approaches to
the education of Indian children and adults;
``(2) evaluate federally assisted education programs from
which Indian children and adults may benefit;
``(3) collect and analyze data on the educational status
and needs of Indians; and
``(4) carry out other activities consistent with the
purpose of this Act.
``(b) Eligibility.--The Secretary may carry out any of the
activities described in subsection (a) directly or through
grants to, or contracts or cooperative agreements with,
Indian tribes, Indian organizations, State educational
agencies, local educational agencies, institutions of higher
education, including Indian institutions of higher education,
and other public and private agencies and institutions.
``(c) Coordination.--Research activities supported under
this section--
``(1) shall be carried out in consultation with the Office
of Educational Research and Improvement to assure that such
activities are coordinated with and enhance the research and
development activities supported by the Office; and
``(2) may include collaborative research activities which
are jointly funded and carried out by the Office of Indian
Education and the Office of Educational Research and
Improvement.
``SEC. 6402. STATE EDUCATIONAL AGENCY REVIEW.
(a) Before submitting its application to the Secretary, the
local educational agency shall submit its application to the
State educational agency.
(b) The State education agency may send to the Secretary
comments on each local educational agency application its
reviews. The Secretary shall take such comments into
consideration in reviewing such application.
``PART E--FEDERAL ADMINISTRATION
``SEC. 6501. OFFICE OF INDIAN EDUCATION.
``(a) Office of Indian Education.--There shall be an Office
of Indian Education (referred to in this section as ``the
Office'') in the Department of Education.
``(b) Director.--(1) The Office shall be under the
direction of the Director, who shall be appointed by the
Secretary and who shall report directly to the Assistant
Secretary for Elementary and Secondary Education.
``(2) The Director shall--
``(A) be responsible for administering this title;
``(B) be involved in, and be primarily responsible for, the
development of all policies affecting Indian children and
adults under programs administered by the Office of
Elementary and Secondary Education;
``(C) coordinate the development of policy and practice for
all programs in the Department relating to Indian persons;
and
``(D) assist the Assistant Secretary of the Office of
Educational Research and Improvement in identifying research
priorities related to the education of Indian persons.''.
``(3) The Director of the Office shall be a member of the
career Senior Executive Service.
``(c) Indian Preference in Employment.--(1) The Secretary
shall give a preference to Indian persons in all personnel
actions in the Office.
``(2) Such preference shall be implemented in the same
fashion as the preference given to any veteran under section
2609 of the Revised Statutes, section 45 of title 25, United
States Code.
``SEC. 6502. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.
``(a) Membership.--There shall be a National Advisory
Council on Indian Education (referred to in this section as
``the Council''), which shall--
``(1) consist of 15 Indian members, who shall be appointed
by the President from lists of nominees furnished, from time
to time, by Indian tribes and organizations; and
``(2) represent different geographic areas of the country.
``(b) Duties.--The Council shall--
``(1) advise the Secretary on the funding and
administration, including the development of regulations and
of administrative policies and practices, of any program,
including programs under this title, for which the Secretary
is responsible and in which Indian children or adults
participate or from which they can benefit;
``(2) make recommendations to the Secretary for filling the
Director's position whenever a vacancy occurs in such
position; and
``(3) submit to the Congress, by June 30 of each year, a
report on its activities, which shall include--
``(A) any recommendations it finds appropriate for the
improvement of Federal education programs in which Indian
children or adults participate, or from which they can
benefit; and
``(B) its recommendations with respect to the funding of
any such programs.
``SEC. 6503. PEER REVIEW.
``In reviewing applications under parts B, C, and D of this
title, the Secretary may use a peer review process.
``SEC. 6504. PREFERENCE FOR INDIAN APPLICANTS.
``In making grants under parts B and C of this title, the
Secretary shall give a preference to Indian tribes, Indian
organizations, and Indian institutions of higher education
under any program for which they are eligible to apply.
``SEC. 6505. MINIMUM GRANT CRITERIA.
``In making grants under parts B and C of this title, the
Secretary shall approve only projects that are--
``(1) of sufficient size, scope, and quality to achieve the
purpose of the section under which assistance is sought; and
``(2) based on relevant research findings.
``PART F--DEFINITIONS; AUTHORIZATIONS OF APPROPRIATIONS
``SEC. 6601. DEFINITIONS.
``The following definitions apply to terms as used in this
title:
``(1) The term `adult' means an individual who is either--
``(A) not less than 16 years old; or
``(B) beyond the age of compulsory school attendance under
State law.
``(2) The term `adult education' has the meaning given such
term in section 312(2) of the Adult Education Act.
``(3) The term `free public education' means education that
is--
``(A) provided at public expense, under public supervision
and direction, and without tuition charge; and
``(B) provided as elementary or secondary education in the
applicable State or to preschool children.
``(4) The term `Indian' means an individual who is--
``(A) a member of an Indian tribe or band, as membership is
defined by the tribe or band, including--
``(i) tribes and bands terminated since 1940; and
``(ii) tribes and bands recognized by the State in which
they reside;
``(B) a descendant, in the first or second degree, of an
individual described in subparagraph (A);
``(C) considered by the Secretary of the Interior to be an
Indian for any purpose; or
``(D) an Eskimo, Aleut, or other Alaska Native.
``SEC. 6602. AUTHORIZATIONS OF APPROPRIATIONS.
``(a) Part A.--For the purpose of carrying out part A of
this title, there are authorized to be appropriated
$61,300,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``(b) Parts B Through D.--For the purpose of carrying out
parts B, C, and D of this title, there are authorized to be
appropriated $20,925,000 for fiscal year 1995 and such sums
as may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.
``(c) Part E.--For the purpose of carrying out part E of
this title, including section 6502, there are authorized to
be appropriated $3,775,000 for fiscal year 1995 and such sums
as may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.
``PART G--BUREAU OF INDIAN AFFAIRS PROGRAMS
``SEC. 6701. STANDARDS FOR THE BASIC EDUCATION OF INDIAN
CHILDREN IN BUREAU OF INDIAN AFFAIRS SCHOOLS.
``(a) The purpose of the standards developed under this
section shall be to afford Indian students being served by a
Bureau funded school with the same opportunities as all other
students to achieve the high goals embodied in the Goals
2000: Educate America Act. Consistent with the provisions of
this section and section 6711 of this part, the Secretary
shall take such actions as are necessary to coordinate
standards developed and implemented under this section with
those in the State plans developed and implemented pursuant
to the GOALS 2000 Educate America Act for the States in which
each Bureau funded school operates. In developing and
reviewing these standards and such coordination, the
Secretary shall utilize the findings and recommendations of
the panel established by the Goals 2000: Educate America Act
``(b) The Secretary, in consultation with the Secretary of
Education, and in consultation with Indian organizations and
tribes, shall carry out or cause to be carried out by
contract with an Indian organization such studies and
surveys, making the fullest use possible of other existing
studies, surveys, and plans, as are necessary to establish
and revise standards for the basic education of Indian
children attending Bureau funded schools. Such studies and
surveys shall take into account factors such as academic
needs, local cultural differences, type and level of language
skills, geographic isolation, and appropriate teacher-student
ratios for such children, and shall be directed toward the
attainment of equal eductional opportunity for such children.
``(c)(1) Within 18 months of the date of enactment of this
Act, the Secretary shall revise the minimum academic
standards published in the Federal Register of November 1983
for the basic education of Indian chlidren which are
consistent with sub-
[[Page 440]]
sections (a) and (b) of this section and section 6711, and
shall distribute such revised standards in the Federal
Register for the purpose of receiving comments from the
tribes and other interested parties. Within 21 months of the
date of enactment of the Elementary and Secondary Education
Act Amendments of 1993, the Secretary shall establish final
standards, distribute such standards to all the tribes and
publish such standards in the Federal Register. The Secretary
shall revise such standards periodically as necessary. Prior
to any revision of such standards, the Secretary shall
distribute such proposed revision to all the tribes, and
publish such proposed revision in the Federal Register, for
the purpose of receiving comments from the tribes and other
interested parties.
``(2) Such standards shall apply to Bureau schools, and
subject to subsection (f), to contract and grant schools, and
may also serve as a model for educational programs for Indian
children in public schools. In establishing and revising such
standards, the Secretary shall take into account the special
needs of Indian students and the support and reinforcement of
the specific cultural heritage of each tribe. Such standards
shall include a requirement, developed in coordination with
Indian tribes, the affected local school boards, the Indian
Health Service of the Department of Health and Human
Services, the State health departments, and the Centers for
Disease Control and Prevention, on immunization for childhood
diseases, including provisions for in-school immunization,
where necessary.
``(d) The Secretary shall provide alternative or modified
standards in lieu of the standards established under
subsection (c), where necessary, so that the programs of each
school shall be in compliance with the minimum standards
required for accreditation of schools in the State where the
school is located.
``(e) A tribal governing body, or the local school board so
designated by the tribal governing body, shall have the local
authority to waive, in part or in whole, the standards
established under subsections (c) and (d), where such
standards are deemed by such body to be inappropriate or ill-
conceived. The tribal governing body or designated school
board shall, within 60 days thereafter, submit to the
Secretary a proposal for alternative standards that takes
into account the specific needs of the tribe's children. Such
revised standards shall be established by the Secretary
unless specifically rejected by the Secretary for good cause
and in writing to the affected tribes or local school board,
which rejection shall be final and unreviewable.
``(f)(1) The Secretary, through contracting and grant-
making procedures, shall assist school boards of contract and
grant schools in the implementation of the standards
established under subsection (c) and (d), if the school
boards request that such standards, in part or in whole, be
implemented. At the request of a contract or grant school
board, the Secretary shall provide alternative or modified
standards for the standards established under subsections (c)
and (d) to take into account the needs of the Indian children
and the contract or grant school.
``(2) Within 1 year of the date of the enactment of the
Indian Education Technical Amendments Act of 1985, the Bureau
shall, either directly or through contract with an Indian
organization, establish a consistent system of reporting
standards for fiscal control and fund accounting for all
contract schools. Such standards shall yield data results
comparable to those used by Bureau schools.
``(g) Subject to subsections (e) and (f), the Secretary
shall begin to implement the standards established under this
section immediately upon the date of their establishment. No
later than January 1, 1995, and at each time thereafter that
the annual budget request for Bureau educational services is
presented, the Secretary shall submit to the appropriate
committees of Congress a detailed plan to bring all Bureau
and contract and grant schools up to the level required by
the applicable standards established under this section. Such
plan shall include, but not be limited to, detailed
information on the status of each school's educational
program in relation to the applicable standards established
under this section, specific cost estimates for meeting such
standards at each school, and specific time lines for
bringing each school up to the level required by such
standards.
``(h)(1) Except as specifically required by statute, no
school or peripheral dormitory operated by the Bureau of
Indian Affairs on or after January 1, 1992, may be closed or
consolidated or have its program substantially curtailed
unless done according to the requirements of this subsection,
except that, in those cases where the tribal governing body,
or the local school board concerned (if so designated by the
tribal governing body), requests closure or consolidation,
the requirements of this subsection shall not apply. The
requirements of this subsection shall not apply when a
temporary closure, consolidation, or substantial curtailment
is required by plant conditions which constitute an immediate
hazard to health and safety.
``(2) The Secretary shall, by regulation, promulgate
standards and procedures for the closing, consolidation, or
substantial curtailment of Bureau schools in accordance with
the requirements of this subsection.
``(3) Whenever closure, transfer to any other authority,
consolidation, or substantial curtailment of a school is
under active consideration or review by any division of the
Bureau or the Department of the Interior, the affected tribe,
tribal governing body, and designated local school board,
will be notified as soon as such consideration or review
begins, kept fully and currently informed, and afforded an
opportunity to comment with respect to such consideration or
review. When a formal decision is made to close, transfer to
any other authority, consolidate, or substantially curtail a
school, the affected tribe, tribal governing body, and
designated local school board shall be notified at least 6
months prior to the end of the school year preceding the
proposed effective date. Copies of any such notices and
information shall be transmitted promptly to the Congress and
published in the Federal Register.
``(4) The Secretary shall make a report to Congress, the
affected tribe, and the designated local school board
describing the process of the active consideration or review
referred to in paragraph (3). At a minimum, the report shall
include a study of the impact of such action on the student
population, with every effort to identify those students with
particular educational and social needs, and to insure that
alternative services are available to such students. Such
report shall include the description of the consultation
conducted between the potential service provider, current
service provider, parents, tribal representative and the
tribe or tribes involved, and the Director of the Office of
Indian Education Programs within the Bureau regarding such
students. No irreversible action may be taken in furtherance
of any such proposed school closure, transfer to any other
authority, consolidation, or substantial curtailment
(including any action which would prejudice the personnel or
programs of such school)
until the end of the first full academic year after such
report is made.
``(5) The Secretary may terminate, contract, transfer to
any other authority, or consolidate or substantially curtail
the operation or facilities of--
``(A) any Bureau funded school that is operated on or after
April 1, 1987,
``(B) any program of such a school that is operated on or
after April 1, 1987, or
``(C) any school board of a school operated under a grant
under the Tribally Controlled Schools Act of 1988 (Public Law
100-297),
only if the tribal governing body approves such action.
``(i) There are hereby authorized to be appropriated such
sums as may be necessary, for academic program costs, in
order to bring all Bureau and contract schools up to the
level required by the applicable standards established under
this section.
``(j)(1) All schools funded by the Bureau of Indian Affairs
shall include within their curriculum a program of
instruction relating to alcohol and substance abuse
prevention and treatment. The Assistant Secretary shall
provide the technical assistance necessary to develop and
implement such a program for students in kindergarten and
grades 1 through 12, at the request of--
``(A) any Bureau of Indian Affairs school (subject to the
approval of the school board of such school);
``(B) any school board of a school operating under a
contract entered into under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.); or
``(C) any school board of a school operating under a grant
under the Tribally Controlled Schools Act of 1988 (Public Law
100-297).
``(2) In schools operated directly by the Bureau of Indian
Affairs, the Secretary shall provide for--
``(A) accurate reporting of all incidents relating to
alcohol and substance abuse; and
``(B) individual student crisis intervention.
``(3) The programs requested under paragraph (1) shall be
developed in consultation with the Indian tribe that is to be
served by such program and health personnel in the local
community of such tribe.
``(4) Schools requesting program assistance under this
subsection are encouraged to involve family units and, where
appropriate, tribal elders and Native healers in such
instructions.
``(k) For purposes of this section, the term ``tribal
governing body'' means, with respect to any school, the
tribal governing body, or tribal governing bodies, that
represent at least 90 percent of the students served by such
school.
``(l)(1)(A) The Secretary shall only consider the factors
described in subparagraphs (B) and (C) in reviewing--
``(i) applications from any tribe for the awarding of a
contract or grant for a school that is not a Bureau funded
school,
``(ii) applications from any tribe or school board of any
Bureau funded school for--
``(I) a school which is not a Bureau funded school; or
``(II) the expansion of a Bureau funded school which would
increase the amount of funds received by the Indian tribe or
school board under section 6707.
The Secretary shall give consideration to all of such
factors, but none of such applications may be denied based
primarily upon the geographic proximity of public education.
``(B) The Secretary shall consider the following factors
relating to the program that is the subject of an application
described in subparagraph (A):
``(i) the adequacy of facilities or the potential to obtain
or provide adequate facilities;
``(ii) geographic and demographic factors in the affected
areas;
[[Page 441]]
``(iii) adequacy of the applicant's program plans or, in
the case of a Bureau funded school, of projected needs
analysis done either by a tribe or by Bureau personnel;
``(iv) geographic proximity of comparable public education;
and
``(v) the stated needs of all affected parties, including
(but not limited to) students, families, tribal governments
at both the central and local levels, and school
organizations.
``(C) The Secretary shall consider with respect to
applications described in subparagraph (A) the following
factors relating to all the educational services available at
the time the application is considered:
``(i) geographic and demographic factors in the affected
areas;
``(ii) adequacy and comparability of programs already
available;
``(iii) consistency of available programs with tribal
educational codes or tribal legislation on education; and
``(iv) the history and success of these services for the
proposed population to be served, as determined from all
factors and not just standardized examination performance.
``(2)(A) The Secretary shall make a determination of
whether to approve any application described in paragraph
(1)(A) by no later than the date that is 180 days after the
day on which such application is submitted to the Secretary.
``(B) If the Secretary fails to make the determination
described in subparagraph (A) with respect to an application
by the date described in subparagraph (A), the application
shall be treated as having been approved by the Secretary.
``(3)(A) Any application described in paragraph (1)(A) may
be submitted to the Secretary only if--
``(i) the application has been approved by the tribal
governing body of the students served by (or to be served by)
the school or program that is the subject of the application,
and
``(ii) written evidence of such approval is submitted with
the application.
``(B) Each application described in paragraph (1)(A)--
``(i) shall provide information concerning each of the
factors described in paragraph (1)(B), and
``(ii) may provide information concerning the factors
described in paragraph (1)(C).
``(4) Whenever the Secretary makes a determination to deny
approval of any application described in paragraph (1)(A),
the Secretary shall--
``(A) state the objections in writing to the applicant by
no later than the date that is 180 days after the day on
which the application is submitted to the Secretary,
``(B) provide assistance to the applicant to overcome
stated objections, and
``(C) provide the applicant a hearing, under the same rules
and regulations pertaining to the Indian Self-Determination
and Education Assistance Act, and an opportunity to appeal
the objections raised by the Secretary.
``(5)(A) Except as otherwise provided in this paragraph,
the action which is the subject of any application described
in paragraph (1)(A) that is approved by the Secretary shall
become effective with the commencement of the academic year
succeeding the fiscal year in which the application is
approved, or at an earlier date determined by the Secretary.
``(B) If an application is treated as having been approved
by the Secretary by reason of paragraph (2)(B), the action
that is the subject of the application shall become effective
on the date that is 18 months after the date on which the
application is submitted to the Secretary, or at an earlier
date determined by the Secretary.
``SEC. 6702. NATIONAL CRITERIA FOR DORMITORY SITUATIONS.
``(a) The Secretary, in consultation with the Secretary of
the Department of Education, and in consultation with Indian
organizations and tribes, shall conduct or cause to be
conducted by contract with an Indian organization, a study of
the costs applicable to boarding arrangements for Indian
students provided in Bureau and contract and grant schools,
for the purpose of establishing national criteria for such
dormitory situations. Such criteria shall include adult-child
ratios, needs for counselors (including special needs related
to off-reservation boarding arrangements), space, and
privacy.
``(b) No later than January 1, 1996, the Secretary shall
propose such criteria, and shall distribute such proposed
criteria to the tribes and publish such proposed criteria in
the Federal Register for the purpose of receiving comments
from the tribes and other interested parties. Within eighteen
months of the date of the enactment of this Act, the
Secretary shall establish final criteria, distribute such
criteria to all the tribes, and publish such criteria in the
Federal Register. The Secretary shall revise such criteria
periodically as necessary. Any revisions to the standards
established under this section shall be developed subject to
requirements established under section 6711.
``(c) The Secretary shall begin to implement the criteria
established under this section immediately upon the date of
their establishment. No later than January 1, 1981, and at
each time thereafter that the annual budget request for
Bureau educational services is presented, the Secretary shall
submit to the appropriate committees of Congress a detailed
plan to bring all Bureau and contract boarding schools up to
the criteria established under this section. Such plan shall
include, but not be limited to, predictions for the relative
need for each boarding school in the future, detailed
information on the status of each school in relation to the
criteria established under this section, specific cost
estimates for meeting such criteria at each school, and
specific time lines for bringing each school up to the level
required by such criteria.
``(d)(1) The criteria established under this section may be
waived in the same manner as the standards provided under
section 6701(c) may be waived under section 6701(e).
``(2) No school in operation on or before January 1, 1987
(regardless of compliance or noncompliance with the criteria
established under this section) may be closed, transferred to
another authority, consolidated or have its program
substantially curtailed for failure to meet the criteria.
``(3) By no later than May 1, 1996, the Secretary shall
submit to the Congress a report detailing the costs
associated with, and the actions necessary for, complete
compliance with the criteria established under this section.
``(e) There are hereby authorized to be appropriated such
sums as may be necessary in order to bring each school up to
the level required by the criteria established under this
section.
``SEC. 6703. REGULATIONS.
``(a) The provisions of part 32 of title 25 of the Code of
Federal Regulations, as in effect on January 1, 1987, are
hereby incorporated into this Act and shall be treated as
though such provisions are set forth in this subsection.
Accordingly, such provisions may be altered only by means of
an amendment to this subsection that is contained in an Act
or joint resolution which is enacted into law. To the extent
that such provisions of part 32 do not conform with this Act
or any statutory provision of law enacted before the date of
enactment of this Act, the provisions of this Act and the
provisions of such other statutory law shall govern.
``(b) The provisions of parts 31, 33, 36, 39, 42, and 43 of
title 25 of the Code of Federal Regulations, as in effect on
January 1, 1987, shall be applied by the Federal Government
and shall not, before July 1, 1989, be amended, revoked, or
altered in any manner. No officer or employee of the
Executive Branch shall have the authority to issue any other
regulations, prior to July 1, 1989, that supersede,
supplement, or otherwise affect the provisions of such parts.
To the extent that the provisions of such parts do not
conform with this Act or any statutory provision of law
enacted before the date of enactment of this Act, the
provisions of this Act and the provisions of such other
statutory law shall govern.
``(c) After June 30, 1989, no regulation prescribed for the
application of any program provided under this title shall
become effective unless--
``(1) the regulation has been published as a proposed
regulation in the Federal Register,
``(2) an opportunity of no less than 90 days has been
afforded the public to comment on the published proposed
regulation, and
``(3) the regulation has, after such period for public
comment, been published in the Federal Register as a final
regulation.
``(d) For purposes of this section, the term ``regulation''
means any rules, regulations, guidelines, interpretations,
orders, or requirements of general applicability prescribed
by any officer or employee of the Executive Branch.
``SEC. 6704. SCHOOL BOUNDARIES.
``(a) The Secretary shall, in accordance with this section,
establish separate geographical attendance areas for each
Bureau school.
``(b)(1) Except as provided in paragraph (2), on or after
July 1, 1985, no attendance area shall be changed or
established with respect to any such school unless the tribal
governing body or the local school board concerned (if so
designated by the tribal governing body) has been (i)
afforded at least six months notice of the intention of the
Bureau to change or establish such attendance area, and (ii)
given the opportunity to propose alternative boundaries. Any
tribe may petition the Secretary for revision of existing
attendance area boundaries. The Secretary shall accept such
proposed alternative or revised boundaries unless the
Secretary finds, after consultation with the affected tribe
or tribes, that such revised boundaries do not reflect the
needs of the Indian students to be served or do not provide
adequate stability to all of the affected programs.
``(2) In any case where there is more than 1 Bureau funded
school located on an Indian reservation, at the direction of
the tribal governing body, the relevant school boards of the
Bureau funded schools on the reservation may, by mutual
consent, establish the relevant attendance areas for such
schools, subject to the approval of the tribal governing
body. Any such boundaries so established shall be accepted by
the Secretary.
``(c) In any case where there is only 1 Bureau operated
program located on an Indian reservation, the attendance area
for the program shall be the boundaries of the reservation
served, and those students residing near the reservation
shall also receive services from such program.
``(d) The Bureau of Indian Affairs shall include in the
final rules the requirement that each appropriate education
line officer coordinate and consult with the affected tribes
and relevant school boards in the establishment of such
geographic boundaries.
``SEC. 6705. FACILITIES CONSTRUCTION.
``(a) The Secretary shall immediately begin to bring all
schools, dormitories, and
[[Page 442]]
other facilities operated by the Bureau or under contract or
grant with the Bureau in connection with the education of
Indian children into compliance with all applicable Federal,
tribal, or State health and safety standards, whichever
provide greater protection (except that the tribal standards
to be applied shall be no greater than any otherwise
applicable Federal or State standards), and with section 504
of the Rehabilitation Act of 1973 (29 U.S.C. 794) and with
the Americans with Disabilities Act of 1990, except that
nothing in this section shall require termination of the
operations of any facility which does not comply with such
provisions and which is in use on the date of enactment of
this Act.
``(b) By January 1, 1996, and at each time thereafter that
the annual budget request for Bureau educational services is
presented, the Secretary shall submit to the appropriate
committees of Congress a detailed plan to bring such
facilities into compliance with such standards. Such plan
shall include, but not be limited to, detailed information on
the status of each facility's compliance with such standards,
specific cost estimates for meeting such standards at each
school, and specific time lines for bringing each school into
compliance with such standards.
``(c) Within six months of the date of enactment of this
Act, the Secretary shall submit to the appropriate committees
of Congress, and publish in the Federal Register, the system
used to establish priorities for school construction
projects. At the time any budget request for school
construction is presented, the Secretary shall publish in the
Federal Register and submit with the budget request the
current list of all school construction priorities.
``(d)(1) A Bureau school may be closed or consolidated, and
the programs of a Bureau school may be substantially
curtailed, by reason of plant conditions that constitute an
immediate hazard to health and safety only if a health and
safety officer of the Bureau determines that such conditions
exist at the Bureau school.
``(2)(A) In making determinations described in paragraph
(1) before July 1, 1989, health and safety officers of the
Bureau shall use the health and safety guidelines of the
Bureau that were in effect on January 1, 1988.
``(B)(i) If--
``(I) the Secretary fails to publish in the Federal
Register in final form before July 1, 1989, and
``(II) action described in paragraph (1) is taken after
June 30, 1989, and before the date on which such regulations
are published in final form in the Federal Register by reason
of the condition of any plant,
an inspection of the condition of such plant shall be
conducted by an appropriate tribal, county, municipal, or
State health and safety officer to determine whether
conditions at such plant constitute an immediate hazard to
health and safety. Such inspection shall be completed by no
later than the date that is 30 days after the date on which
the action described in paragraph (1) is taken.
``(ii) The inspection required under clause (i) shall be
conducted by a health and safety officer designated jointly
by the Secretary and the tribes affected by the action
described in paragraph (1). If the Secretary and such tribes
are unable to agree on the designation of the health and
safety officer, the Secretary shall designate the health and
safety officer and shall provide notice of such designation
to each of such tribes before the inspection is conducted by
such officer.
``(iii) If the health and safety officer conducting an
inspection of a plant required under clause (i) determines
that conditions at the plant do not constitute an immediate
hazard to health and safety, any consolidation or curtailment
that was made by reason of conditions at the plant shall
immediately cease and any school closed by reason of
conditions at the plant shall be reopened immediately.
``(3) If--
``(A) a Bureau school is temporarily closed or
consolidated, or the programs of a Bureau school are
substantially curtailed, by reason of plant conditions that
constitute an immediate hazard to health and safety, and
``(B) the Secretary estimates that the closure,
consolidation, or curtailment will be more than 1 year in
duration,
the Secretary shall submit to the Congress, by no later than
the date that is 6 months after the date on which the
closure, consolidation, or curtailment is initiated, a report
which sets forth the reasons for such temporary actions and
the actions the Secretary is taking to eliminate the
conditions that constitute the hazard.
``(e) There are hereby authorized to be appropriated such
sums as may be necessary to carry out subsection (a).
``SEC. 6706. BUREAU OF INDIAN AFFAIRS EDUCATION FUNCTIONS.
``(a) The Secretary shall vest in the Assistant Secretary
for Indian Affairs all functions with respect to formulation
and establishment of policy and procedure, and supervision of
programs and expenditures of Federal funds for the purpose of
Indian education administered by the Bureau. The Assistant
Secretary shall carry out such functions through the Director
of the Office of Indian Education.
``(b) The Director of the Office shall direct and supervise
the operations of all personnel directly and substantially
involved with provision of education services by the Bureau,
including (but not limited to) school or institution
custodial or maintenance personnel. The Assistant Secretary
for Indian Affairs shall provide for the adequate
coordination between the affected Bureau Offices and the
Office to facilitate the consideration of all contract
functions relating to education. Except as required by
section 6709(d), nothing in this Act shall be construed to
require the provision of separate support services for Indian
education.
``(c) Education personnel who are under the direction and
supervision of the Director of the Office in accordance with
the first sentence of subsection (b) shall--
``(1) monitor and evaluate Bureau education programs,
``(2) provide all services and support functions for
education programs with respect to personnel matters
involving staffing actions and functions, and
``(3) provide technical and coordinating assistance in
areas such as procurement, contracting, budgeting, personnel,
and curriculum.
``(d)(1) The Assistant Secretary shall submit in the annual
Budget a plan--
``(A) for school facilities to be constructed under the
system required by section 6705(c);
``(B) for establishing priorities among projects and for
the improvement and repair of education facilities, which
together shall form the basis for the distribution of
appropriated funds; and
``(C) including a 5-year plan for capital improvements.
``(2) The Assistant Secretary shall establish a program,
including the distribution of appropriated funds, for the
operation and maintenance of education facilities. Such
program shall include, but not be limited to--
``(A) a method of computing the amount necessary for each
education facility;
``(B) similar treatment of all Bureau funded schools;
``(C) a notice of an allocation of appropriated funds from
the Director of the Office directly to the appropriate
education line officers; and
``(D) a system for the conduct of routine preventive
maintenance.
The appropriate education line officers shall make
arrangements for the maintenance of education facilities with
the local supervisors of the Bureau maintenance personnel who
are under the authority of the agency superintendent or area
directors, respectively. The local supervisors of Bureau
maintenance personnel shall take appropriate action to
implement the decisions made in this regard by the
appropriate education line officers, except that no funds
from this program may be authorized for expenditure unless
such appropriate education line officer is assured that the
necessary maintenance has been, or will be, provided in a
reasonable manner. Subject to the requirements of subsection
(b) of this section, nothing in this Act shall be construed
to require the provision of separate operations and
maintenance personnel for the Office.
``(3) The requirements of this subsection shall be
implemented no later than July 1, 1995.
``(e) Any other provision of law notwithstanding, the
Director shall promulgate guidelines for the establishment of
mechanisms for the acceptance of gifts and bequests for the
use of, and benefit of, particular schools or designated
Bureau operated education programs, including, where
appropriate, the establishment and administration of trust
funds. When a Bureau operated program is the beneficiary of
such a gift or bequest, the Director shall make provisions
for monitoring its use, and shall report to the appropriate
committees of Congress the amount and terms of such gift and
bequest, the use to which it is put, and any positive results
achieved by such action.
``(f) For the purpose of this section the term
``functions'' includes powers and duties.
``SEC. 6707. ALLOTMENT FORMULA.
``(a) The Secretary shall establish, by regulation adopted
in accordance with section 6719, a formula for determining
the minimum annual amount of funds necessary to sustain each
Bureau funded school. In establishing such formula, the
Secretary shall consider--
``(1) the number of eligible Indian students served and
size of the school;
``(2) special cost factors, such as--
``(A) isolation of the school;
``(B) need for special staffing, transportation, or
educational programs;
``(C) food and housing costs;
``(D) maintenance and repair costs associated with the
physical condition of the educational facilities;
``(E) special transportation and other costs of isolated
and small schools;
``(F) the costs of boarding arrangements, where determined
necessary by a tribal governing body or designated local
school board;
``(G) costs associated with greater lengths of service by
educational personnel; and
``(H) special programs for gifted and talented students;
``(3) the cost of providing academic services which are at
least equivalent to those provided by public schools in the
State in which the school is located;
``(4) such other relevant factors as the Secretary
determines are appropriate.
Upon the establishment of the standards required by sections
6701 and 6702 of this Act, the Secretary shall revise the
formula established under this subsection to reflect the cost
and funding standards so established. Prior to January 1,
1995, the Secretary shall review the formula established
under this section and shall take such steps as may be
necessary to increase the availability of
[[Page 443]]
counseling services for students in off-reservation boarding
schools and other Bureau operated residential facilities.
Concurrent with such action, the Secretary shall review the
standards established under section 6701 of this title to be
certain that adequate provision is made for parental
notification regarding, and consent for, such counseling
services.
``(b) Notwithstanding any other provisions of law, Federal
funds appropriated for the general local operation of Bureau
funded schools, shall be allotted pro rata in accordance with
the formula established under subsection (a).
``(c)(1) For fiscal year 1990, and for each subsequent
fiscal year, the Secretary shall adjust the formula
established under subsection (a) to--
``(A) use a weighted unit of 1.2 for each eligible Indian
student enrolled in the seventh and eighth grades of the
school in considering the number of eligible Indian students
served by the school;
``(B) consider a school with an enrollment of less than 50
eligible Indian students as having an average daily
attendance of 50 eligible Indian students for purposes of
implementing the adjustment factor for small schools; and
``(C) take into account the provision of residential
services on a less than 9-month basis at a school when the
school board and supervisor of the school determine that a
less than 9-month basis will be implemented for the school
year involved.
``(2)(A) The Secretary shall reserve for national school
board training 0.2 percent of the funds appropriated for each
fiscal year for distribution under this section. Such
training shall be conducted through the same organizations
through which, and in the same manner in which, the training
was conducted in fiscal year 1992. If the contract for such
training is not awarded before May 1 of each fiscal year, the
contract under which such training was provided for the
fiscal year preceding such fiscal year shall be renewed by
the Secretary for such fiscal year. The agenda for the
training sessions shall be established by the school boards
through their regional or national organizations.
``(B) For each year in which the Secretary uses a weighted
unit formula established under subsection (a) to fund Bureau
schools, a Bureau school which generates less than 168
weighted units shall receive an additional 2 weighted units
to defray school board activities.
``(C) From the funds allotted in accordance with the
formula established under subsection (a) for each Bureau
school, the local school board of such school may reserve an
amount which does not exceed the greater of--
``(i) $5,000, or
``(ii) the lesser of--
``(I) $15,000, or
``(II) 1 percent of such allotted funds,
for school board activities for such school, including but
not limited to, and notwithstanding any other provision of
law, meeting expenses and the cost of membership in, and
support of, organizations engaged in activities on behalf of
Indian education.
``(3)(A) The Secretary shall adjust the formula established
under subsection (a) to use a weighted unit of 2.0 for each
eligible Indian student that--
``(i) is gifted and talented (as determined pursuant to
section 6204 of the Indian Education Act of 1988), and
``(ii) is enrolled in the school on a full-time basis,
in considering the number of eligible Indian students served
by the school.
``(B) The adjustment required under subparagraph (A) shall
be used for the later of the following fiscal years and for
each fiscal year succeeding such later fiscal year:
``(i) the second fiscal year succeeding the fiscal year in
which the Secretary of Education makes the report required
under section 6204(c)(6)(B) of the Indian Education Act of
1988, or
``(ii) the first fiscal year for which an increase in the
amount of funds appropriated for allotment under this section
is designated by the law that appropriates such funds as the
amount necessary to implement such adjustment without
reducing allotments made under this section to any school.
``(d) The Secretary shall reserve from the funds available
for distribution for each fiscal year under this section an
amount which, in the aggregate, shall equal 1 percent of the
funds available for such purpose for that fiscal year. Such
funds shall be used, at the discretion of the Director of the
Office, to meet emergencies and unforeseen contingencies
affecting the education programs funded under this section.
Funds reserved under this subsection may only be expended for
education services or programs at a schoolsite (as defined in
section 5204(c)(2) of the Tribally Controlled Schools Act of
1988). Funds reserved under this subsection shall remain
available without fiscal year limitation until expended.
However, the aggregate amount available from all fiscal years
may not exceed 1 percent of the current year funds. Whenever
the Secretary makes funds available under this subsection,
the Secretary shall report such action to the appropriate
committees of Congress within the annual budget submission.
``(e) Supplemental appropriations enacted to meet increased
pay costs attributable to school level personnel shall be
distributed under this section.
``(f) In this section `eligible Indian student' means a
student who--
``(1) is a member of or is at least a \1/4\ degree Indian
blood descendant of a member of an Indian tribe which is
eligible for the special programs and services provided by
the United States through the Bureau of Indian Affairs to
Indians because of their status as Indians, and
``(2) resides on or near an Indian reservation or meets the
criteria for attendance at a Bureau off-reservation boarding
school.
``(g)(1) An eligible Indian student may not be charged
tuition for attendance at a Bureau or contract school. A
student attending a Bureau school under clause (2)(C) of this
subsection may not be charged tuition.
``(2) The Secretary may permit the attendance at a Bureau
school of a student who is not an eligible Indian student
if--
``(A) the Secretary determines that the student's
attendance will not adversely affect the school's program for
eligible Indian students because of cost, overcrowding, or
violation of standards,
``(B) the school board consents, and
``(C) the student is a dependent of a Bureau, Indian Health
Service, or tribal government employee who lives on or near
the school site, or
``(D) a tuition is paid for the student that is not more
than that charged by the nearest public school district for
out-of-district students. The tuition collected is in
addition to the school's allocation under this section.
``(3) The school board of a contract school or grant school
may permit students who are not eligible Indian students
under this subsection to attend its contract school or grant
school and any tuition collected for those students is in
addition to funding under this section.
``(h)(1) The Secretary shall conduct, through contact or
cooperative agreement with an entity having proven expertise
in the field of school finance, and after consultation with
tribes and national Indian organizations, a study to
determine the feasibility and desirability of changing the
method of financing for Bureau funded schools from the
weighted student unit formula method in effect on the date of
enactment of this Act to a school based budget system of
financing. The Assistant Secretary shall take such steps as
are necessary to immediately implement this provision.
``(2) For the purposes of this study, the term `school-
based budget system' means a system based upon an initial
determination, at each school site, of the number of students
who shall be served at the site, the needs of those students,
the standards which will best meet those needs (including any
standards or conditions reflecting local community input and
the program developed under this part), the personnel profile
necessary to establish such program and the cost (determined
on an actual basis) of funding such a program. Such a system
would include procedures to aggregate the determinations for
each school site to determine the amount needed to fund all
Bureau-funded schools, to prepare a budget submission based
upon such aggregate and would provide for a mechanism for
distributing such sums as may be appropriated based upon the
determination at each school site.
``(3) No later than January 20, 1996, the Secretary shall
transmit to the Committees on Education and Labor and
Appropriations of the House of Representatives and the
Committees on Indian Affairs and Appropriations of the Senate
of the United States the study required under this
subsection, along with any views or comments of the Secretary
on such study.
``(i) Any other provision of law notwithstanding, at the
election of the school board made at any time during the
fiscal year, a portion equal to no more than 15 percent of
the funds allocated with respect to a school under this
section for any fiscal year shall remain available to the
school for expenditure without fiscal year limitation. The
Assistant Secretary shall take steps as may be necessary to
implement this provision immediately.
``(j) Tuition for the out-of-State students boarding at the
Richfield Dormitory in Richfield, Utah, who attend Sevier
County high schools in Richfield, Utah, may be paid from the
Indian School Equalization Program funds at a rate not to
exceed the amount per Weighted Student Unit for that year for
instruction. No additional administrative cost funds will be
added to the grant.
``SEC. 6708. ADMINISTRATIVE COST GRANTS.
``(a)(1) The Secretary shall, subject to the availability
of appropriated funds, provide grants to each tribe or tribal
organization operating a contract or grant school in the
amount determined under this section with respect to the
tribe or tribal organization for the purpose of paying the
administrative and indirect costs incurred in operating
contract schools in order to--
``(A) enable tribes and tribal organizations operating such
schools, without reducing direct program services to the
beneficiaries of the program, to provide all related
administrative overhead services and operations necessary to
meet the requirements of law and prudent management practice,
and
``(B) carry out other necessary support functions which
would otherwise be provided by the Secretary or other Federal
officers or employees, from resources other than direct
program funds, in support of comparable Bureau operated
programs.
``(2) Amounts appropriated to fund the grants provided
under this section shall be in addition to, and shall not
reduce, the amounts appropriated for the program being
administered by the contract schools.
``(b)(1) The amount of the grant provided to each tribe or
tribal organization under
[[Page 444]]
this section for each fiscal year shall be determined by
applying the administrative cost percentage rate of the tribe
or tribal organization to the aggregate of the Bureau
elementary and secondary functions operated by the tribe or
tribal organization for which funds are received from or
through the Bureau. The administrative cost percentage rate
determined under subsection (c) does not apply to other
programs operated by the tribe or tribal organization.
``(2) The Secretary shall--
``(A) reduce the amount of the grant determined under
paragraph (1) to the extent that payments for administrative
costs are actually received by an Indian tribe or tribal
organization under any Federal education program included in
the direct cost base of the tribe or tribal organization, and
``(B) take such actions as may be necessary to be
reimbursed by any other department or agency of the Federal
Government for the portion of grants made under this section
for the costs of administering any program for Indians that
is funded by appropriations made to such other department or
agency.
``(c) For purposes of this section, the administrative cost
percentage rate for a contract or grant school for a fiscal
year is equal to the percentage determined by dividing--
``(1) the sum of--
``(A) the amount equal to--
``(i) the direct cost base of the tribe or tribal
organization for the fiscal year, multiplied by
``(ii) the minimum base rate, plus
``(B) the amount equal to--
``(i) the standard direct cost base, multiplied by
``(ii) the maximum base rate, by
``(2) the sum of--
``(A) the direct cost base of the tribe or tribal
organization for the fiscal year, plus
``(B) the standard direct cost base.
The administrative cost percentage rate shall be determined
to the \1/100\ of a decimal point.
``(d)(1)(A) Funds received by a tribe or contract or grant
school as grants under this section for tribal elementary or
secondary educational programs may be combined by the tribe
or contract school into a single administrative cost account
without the necessity of maintaining separate funding source
accounting.
``(B) Indirect cost funds for programs at the school which
share common administrative services with tribal elementary
or secondary educational programs may be included in the
administrative cost account described in subparagraph (A).
``(2) Funds received as grants under this section with
respect to tribal elementary or secondary education programs
shall remain available to the contract or grant school
without fiscal year limitation and without diminishing the
amount of any grants otherwise payable to the school under
this section for any fiscal year beginning after the fiscal
year for which the grant is provided.
``(3) Funds received as grants under this section for
Bureau funded programs operated by a tribe or tribal
organization under a contract or agreement shall not be taken
into consideration for purposes of indirect cost
underrecovery and overrecovery determinations by any Federal
agency for any other funds, from whatever source derived.
``(4) In applying this section and section 106 of the
Indian Self-Determination and Education Assistance Act with
respect to an Indian tribe or tribal organization that--
``(A) receives funds under this section for administrative
costs incurred in operating a contract school or a school
operated under the Tribally Controlled Schools Act of 1988,
and
``(B) operates 1 or more other programs under a contract or
grant provided under the Indian Self-Determination and
Education Assistance Act,
the Secretary shall ensure that the Indian tribe or tribal
organization is provided with the full amount of the
administrative costs, and of the indirect costs, that are
associated with operating the contract school, a school
operated under the Tribally Controlled Schools Act of 1988,
and all of such other programs, except that funds
appropriated for implementation of this section shall be used
only to supply the amount of the grant required to be
provided by this section.
``(e) For purposes of this section--
``(1)(A) The term `administrative cost' means the costs of
necessary administrative functions which--
``(i) the tribe or tribal organization incurs as a result
of operating a tribal elementary or secondary educational
program,
``(ii) are not customarily paid by comparable Bureau
operated programs out of direct program funds, and
``(iii) are either--
``(I) normally provided for comparable Bureau programs by
Federal officials using resources other than Bureau direct
program funds, or
``(II) are otherwise required of tribal self-determination
program operators by law or prudent management practice.
``(B) The term `administrative cost' may include, but is
not necessarily limited to--
``(i) contract (or other agreement) administration;
``(ii) executive, policy, and corporate leadership and
decisionmaking;
``(iii) program planning, development, and management;
``(iv) fiscal, personnel, property, and procurement
management;
``(v) related office services and record keeping; and
``(vi) costs of necessary insurance, auditing, legal,
safety and security services.
``(2) The term `Bureau elementary and secondary functions'
means--
``(A) all functions funded at Bureau schools by the Office
of Indian Education Programs of the Bureau;
``(B) all programs--
``(i) funds for which are appropriated to other agencies of
the Federal Government, and
``(ii) which are administered for the benefit of Indians
through Bureau schools; and
``(C) all operation, maintenance, and repair funds for
facilities and government quarters used in the operation or
support of elementary and secondary education functions for
the benefit of Indians, from whatever source derived.
``(3) The term `tribal elementary or secondary educational
programs' means all Bureau elementary and secondary
functions, together with any other Bureau programs or
portions of programs (excluding funds for social services
that are appropriated to agencies other than the Bureau and
are expended through the Bureau, funds for major
subcontracts, construction, and other major capital
expenditures, and unexpended funds carried over from prior
years) which share common administrative cost functions, that
are operated directly by a tribe or tribal organization under
a contract or agreement with the Bureau.
``(4)(A) Except as otherwise provided in this paragraph,
the direct cost base of a tribe or tribal organization for
the fiscal year is the aggregate direct cost program funding
for all tribal elementary or secondary educational programs
operated by the tribe or tribal organization during--
``(i) the second fiscal year preceding such fiscal year, or
``(ii) if such programs have not been operated by the tribe
or tribal organization during the 2 preceding fiscal years,
the first fiscal year preceding such fiscal year.
``(B) In the case of Bureau elementary or secondary
education functions which have not previously been operated
by a tribe or tribal organization under contract or agreement
with the Bureau, the direct cost base for the initial year
shall be the projected aggregate direct cost program funding
for all Bureau elementary and secondary functions to be
operated by the tribe or tribal organization during that
fiscal year.
``(5) The term `maximum base rate' means 50 percent.
``(6) The term `minimum base rate' means 11 percent.
``(7) The term `standard direct cost base' means $600,000.
``(f)(1) Upon the enactment of the Indian Education
Amendments of 1988, the Secretary shall--
``(A) conduct such studies as may be needed to establish an
empirical basis for determining relevant factors
substantially affecting the required administrative costs of
tribal elementary and secondary educational programs, using
the formula set forth in subsection (c), and
``(B) a study to determine--
``(i) a maximum base rate which ensures that the amount of
the grants provided under this section will provide adequate
(but not excessive) funding of the administrative costs of
the smallest tribal elementary or secondary educational
programs,
``(ii) a minimum base rate which ensures that the amount of
the grants provided under this section will provide adequate
(but not excessive) funding of the administrative costs of
the largest tribal elementary or secondary educational
programs, and
``(iii) a standard direct cost base which is the aggregate
direct cost funding level for which the percentage determined
under subsection (c) will--
``(I) be equal to the median between the maximum base rate
and the minimum base rate, and
``(II) ensure that the amount of the grants provided under
this section will provide adequate (but not excessive)
funding of the administrative costs of tribal elementary or
secondary educational programs closest to the size of the
program.
``(2) The studies required under paragraph (1) shall--
``(A) be conducted in full consultation (in accordance with
section 1130) with--
``(i) the tribes and tribal organizations that are affected
by the application of the formula set forth in subsection
(c), and
``(ii) all national and regional Indian organizations of
which such tribes and tribal organizations are typically
members;
``(B) be conducted on-site at a representative statistical
sample of the tribal elementary or secondary educational
programs under a contract entered into with a nationally
reputable public accounting and business consulting firm;
``(C) take into account the availability of skilled labor,
commodities, business and automatic data processing services,
related Indian preference and Indian control of education
requirements, and any other market factors found
substantially to affect the administrative costs and
efficiency of each such tribal elementary or secondary
educational program studied in order to assure that all
required administrative activities can reasonably be
delivered in a cost effective manner for each such program,
given an administrative cost allowance generated by the
values, percentages, or other factors found in the studies to
be relevant in such formula;
[[Page 445]]
``(D) identify, and quantify in terms of percentages of
direct program costs, any general factors arising from
geographic isolation, or numbers of programs administered,
independent of program size factors used to compute a base
administrative cost percentage in such formula; and
``(E) identify any other incremental cost factors
substantially affecting the costs of required administrative
cost functions at any of the tribal elementary or secondary
educational programs studied and determine whether the
factors are of general applicability to other such programs,
and (if so) how they may effectively be incorporated into
such formula.
``(3) In carrying out the studies required under this
subsection, the Secretary shall obtain the input of, and
afford an opportunity to participate to, the Inspector
General of the Department of the Interior.
``(4) Determinations described in paragraph (2)(C) shall be
based on what is pragmatically possible to do at each
location studied, given prudent management practice,
irrespective of whether required administrative services were
actually or fully delivered at these sites, or other services
were delivered instead, during the period of the study.
``(5) Upon completion of the studies conducted under
paragraph (1), but in no case later than October 1, 1989, the
Secretary shall submit to the Congress a report on the
findings of the studies, together with determinations based
upon such findings that would affect the definitions of terms
used in the formula that is set forth in subsection (c).
``(6) The Secretary shall include in the Bureau's
justification for each appropriations request for each fiscal
year beginning after fiscal year 1989, a projection of the
overall costs associated with the formula set forth in
subsection (c) for all tribal elementary or secondary
educational programs which the Secretary expects to be funded
in the fiscal year for which the appropriations are sought.
``(7) For purposes of this subsection, the size of tribal
elementary or secondary educational programs is determined by
the aggregate direct cost program funding level for all
Bureau funded programs which share common administrative cost
functions.
``(g)(1) There are authorized to be appropriated for each
fiscal year such sums as may be necessary to carry out the
provisions of this section.
``(2) If the total amount of funds necessary to provide
grants to tribes and tribal organizations in the amounts
determined under subsection (b) for a fiscal year exceeds the
amount of funds appropriated to carry out this section for
such fiscal year, the Secretary shall reduce the amount of
each grant determined under subsection (b) for such fiscal
year by an amount that bears the same relationship to such
excess as the amount of such grant determined under
subsection (b) bears to the total of all grants determined
under subsection (b) for all tribes and tribal organizations
for such fiscal year.
``(h)(1) Notwithstanding any other provision of this
section, the amount of the grants provided under this section
for fiscal year 1989 shall--
``(A) in lieu of being determined under subsection (b), be
determined for each tribal elementary or secondary
educational program on the same basis that indirect costs
were determined for such programs for fiscal year 1988, and
``(B) be subject to the provisions of subsection (d).
``(2) Notwithstanding any other provision of this section,
the amount of the grant provided under this section for
fiscal year 1990 with respect to each tribal elementary and
secondary educational program that was operated by a tribe or
tribal organization in fiscal year 1989 shall be equal to--
``(A) if the amount of the grant determined under
subsection (b) for fiscal year 1990 with respect to such
program exceeds the amount received by the tribe or tribal
organization with respect to such program for administrative
costs for fiscal year 1988 (or fiscal year 1989 if such
program was not operated by the tribe or tribal organization
during fiscal year 1988), the sum of--
``(i) such amount received, plus
``(ii) \1/3\ of the excess of--
``(I) such amount determined under subsection (b), over
``(II) such amount received, or
``(B) if such amount received exceeds such amount
determined under subsection (b), the excess of--
``(i) such amount received, over
``(ii) an amount equal to \1/3\ of the excess of--
``(I) such amount received, over
``(II) such amount determined under subsection (b).
``(3) Notwithstanding any other provision of this section,
the amount of the grants provided under this section for
fiscal year 1991 with respect to each tribal elementary and
secondary educational program that was operated by a tribe or
tribal organization in fiscal year 1989 shall be equal to--
``(A) if the amount of the grant determined under
subsection (b) for fiscal year 1991 with respect to such
program exceeds the amount received by the tribe or tribal
organization with respect to such program for administrative
costs for fiscal year 1990, the sum of--
``(i) such amount received, plus
``(ii) \1/2\ of the excess of--
``(I) such amount determined under subsection (b), over
``(II) such amount received, or
``(B) if such amount received exceeds such amount
determined under subsection (b), the excess of--
``(i) such amount received, over
``(ii) an amount equal to \1/2\ of the excess of--
``(I) such amount received over,
``(II) such amount determined under subsection (b).
``(i) The provisions of this section shall also apply to
those schools operating under the Tribally Controlled Schools
Act of 1988.
``SEC. 6709. BUDGET PREPARATION AND SUBMISSION.
``(a) For each fiscal year beginning after October 1, 1994,
and ending before October 1, 1998, the Secretary shall enter
into an interagency agreement with the Secretary of Education
for the purpose of carrying out this section. The Secretary
shall take such actions as are necessary to transfer
information requested by the Secretary of Education or the
entity designated under subsection (b) of this section needed
to carry out this section in a timely and accurate fashion.
``(b) The Secretary of Education, through the National
Center for Education Statistics, shall prepare and submit to
Congress the study set forth in subsection (c) of this
section no later than January 20, 1995, and January 20 of
each of the next 3 succeeding years. The Secretary of
Education shall transmit the report directly and without
substantive amendment to the Secretary of the Interior, the
Assistant Secretary for Indian Affairs of the Department of
the Interior, and the Committees on Education and Labor and
Appropriations of the House of Representatives and the
Committees on Indian Affairs and Appropriations of the Senate
of the United States.
``(c)(1) The National Center for Educational Statistics
(hereinafter referred to as the `Center') shall prepare for
each of the fiscal years covered under subsection (a) of this
section a report on the amount needed to achieve academic and
residential programs set forth in this part for Bureau-funded
schools funded under section 6707. Such study shall be based
on (A) the standards developed and implemented for Bureau-
funded schools under section 6701 and 6702 of this part or
such other standards as may apply to Bureau-funded contract
schools or schools funded under the Tribally Controlled
Schools Act of 1988, (B) the student count and
characteristics of such schools, as determined pursuant to
the formula developed and implemented pursuant to section
6707 of this part for the preceding academic year, adjusted
for any changes in student demographics which the Center may
project, (C) the employee statistics with respect to such
schools for the preceding fiscal year, and (D) such other
factors as the Center may set forth, including but not
limited to age or physical condition of the schools and
changes in isolation.
``(2) Each study shall include a total projected cost for
attaining the standards set forth under paragraph (1), and
shall presume compliance with those standards. Such study
shall also include a projection of the cost for meeting such
standards for each Bureau funded school. Such study shall
also include a report on any shortfall in the amount needed
to fund Bureau-funded schools, as determined by the study
conducted pursuant to this section and the appropriations
amount requested and enacted for the period covered by the
study.
``(d)(1) Within 24 months of the date of enactment of this
Act, the Secretary shall establish within the Office of
Indian Education Programs a Division of Budget Analysis
(hereinafter referred to as the `Division'). Such Division
shall be under the direct supervision and control of the
Director of the Office.
``(2) The Division shall have the capacity to conduct such
studies, surveys, or other activities as are necessary to
gather demographic information on Bureau-funded schools
(current and future) and project the amount necessary to
provide Indian students in such schools the educational
program set forth in this part.
``(3) The Division shall prepare projections on such
amounts, along with such other information as the Director of
the Office shall require, for each fiscal year beginning
after October 1, 1996. The Director of the Office and the
Assistant Secretary for Indian Affairs shall use such reports
when preparing their annual budget submissions.
``SEC. 6710. UNIFORM DIRECT FUNDING AND SUPPORT.
``(a)(1) Within six months after the date of enactment of
this Act, the Secretary shall establish, by regulation
adopted in accordance with section 6719, a system for the
direct funding and support of all Bureau-funded schools. Such
system shall allot funds, in accordance with section 6707.
Amounts appropriated for distribution under this section may
be made available under paragraph (2) or under paragraph (3),
as provided in the appropriation Act.
``(2)(A) For the purpose of affording adequate notice of
funding available pursuant to the allotments made by section
6707, amounts appropriated in an appropriation Act for any
fiscal year shall become available for obligation by the
affected schools on July 1 of the fiscal year in which they
are appropriated without further action by the Secretary, and
shall remain available for obligation through the succeeding
fiscal year.
``(B) The Secretary shall, on the basis of the amount
appropriated in accordance with this paragraph--
``(i) publish, on July 1 preceding the fiscal year for
which the funds are appropriated, allotments to each affected
school made
[[Page 446]]
under section 6707 of 85 percent of such appropriation; and
``(ii) publish, no later than September 30 of such
preceding fiscal year, the allotments to be made under
section 6707 of the remaining 15 percent of such
appropriation, adjusted to reflect actual student attendance.
``(3) Notwithstanding any law or regulation, the supervisor
of a Bureau school may expend an aggregate of no more than
$35,000 of the amount allotted the school under section 6707
to acquire supplies and equipment for the school without
competitive bidding if--
``(A) the cost for any single item purchased does not
exceed $10,000;
``(B) the school board approves the procurement;
``(C) the supervisor certifies that the cost is fair and
reasonable;
``(D) the documents relating to the procurement executed by
the supervisor or other school staff cite this paragraph as
authority for the procurement; and
``(E) the transaction is documented in a journal maintained
at the school clearly identifying when the transaction
occurred, what was acquired and from whom, the prices paid,
the quantities acquired, and any other information the
supervisor or school board considers relevant.
The Director shall be responsible for determining the
application of this paragraph, including the authorization of
specific individuals to carry out this authority, and shall
be responsible for the provision of guidelines on the use of
this authority and adequate training on such guidelines.
``(4) If a sequestration order issued under the Balanced
Budget and Emergency Deficit Control Act of 1985 reduces the
amount of funds available for allotment under section 6707
for any fiscal year by more than 7 percent of the amount of
funds available for allotment under such section during the
preceding fiscal year--
``(A) the Secretary may, notwithstanding any other
provision of law, use--
``(i) funds appropriated for the operation of any Bureau
school that is closed or consolidated, and
``(ii) funds appropriated for any program that has been
curtailed at any Bureau school,
to fund allotments made under section 6707, and
``(B) the Secretary may waive the application of the
provisions of section 6701(h) with respect to the closure or
consolidation of a school, or the curtailment of a program at
a school, during such fiscal year if the funds described in
clauses (i) and (ii) of subparagraph (A) with respect to such
school are used to fund allotments made under section 6707
for such fiscal year.
``(b) In the case of all Bureau schools, allotted funds
shall be expended on the basis of local financial plans which
shall be prepared by the local school supervisor in active
consultation with the local school board for each school, and
the local school board for each school shall have the
authority to ratify, reject, or amend such financial plan,
and expenditures thereunder, and, on its own determination or
in response to the supervisor of the school, to revise such
financial plan to meet needs not foreseen at the time of
preparation of the financial plan. The supervisor shall
provide the appropriate union representative of the education
employees with copies of proposed draft financial plans and
all amendments or modifications thereto, at the same time
they are submitted to the local school board. The supervisor
of the school may appeal any such action of the local school
board to the appropriate education officer of the Bureau
agency by filing a written statement describing the action
and the reasons the supervisor believes such action should be
overturned. A copy of such statement shall be submitted to
the local school board and such board shall be afforded an
opportunity to respond, in writing, to such appeal. After
reviewing such written appeal and response, the appropriate
education officer may, for good cause, overturn the action of
the local school board. The appropriate education officer
shall transmit the determination of such appeal in the form
of a written opinion to such board and to such supervisor
identifying the reasons for overturning such action.
``(c) Funds for self-determination grants under section
103(a)(2) of the Indian Self-Determination and Education
Assistance Act shall not be used for providing technical
assistance and training in the field of education by the
Bureau unless such services are provided in accordance with a
plan, agreed to by the tribe or tribes affected and the
Bureau, under which control of education programs is intended
to be transferred to such tribe or tribes within a specific
period of time negotiated under such agreement. The Secretary
may approve applications for funding tribal divisions of
education and the development of tribal codes of education
from funds appropriated pursuant to section 104(a) of such
Act.
``(d) In the exercise of its authority under this section,
a local school board may request technical assistance and
training from the Secretary, and he shall, to the greatest
extent possible, provide such services, and make appropriate
provisions in the budget of the Office for such services.
``(e)(1) A financial plan under subsection (b) for a school
may include, at the discretion of the local administrator and
the school board of such school, a provision for a summer
program of academic and support services for students of the
school. Any such program may include activities related to
the prevention of alcohol and substance abuse. The Assistant
Secretary of Indian Affairs shall provide for the utilization
of any such school facility during any summer in which such
utilization is requested.
``(2) Notwithstanding any other provision of law, funds
authorized under the Act of April 16, 1934 (25 U.S.C. 452 et
seq.) and the Indian Education Act may be used to augment the
services provided in each summer program at the option, and
under the control, of the tribe or Indian controlled school
receiving such funds.
``(3) The Assistant Secretary of Indian Affairs, acting
through the Director of the Office of Indian Education
Programs, shall provide technical assistance and coordination
for any program described in paragraph (1) and shall, to the
extent possible, encourage the coordination of such programs
with any other summer programs that might benefit Indian
youth, regardless of the funding source or administrative
entity of any such program.
``(f)(1) From funds allotted to a Bureau school under
section 6707, the Secretary shall, if specifically requested
by the tribal governing body (within the meaning of section
6701(k)), implement any cooperative agreement entered into
between the tribe, the Bureau school board, and the local
public school district which meets the requirements of
paragraph (2) and involves the school. The tribe, the Bureau
school board, and the local public school district shall
determine the terms of the agreement. Such agreement may
encompass coordination of all or any part of the following:
``(A) Academic program and curriculum, unless the Bureau
school is currently accredited by a State or regional
accrediting entity and would not continue to be so
accredited.
``(B) Support services, including procurement and
facilities maintenance.
``(C) Transportation.
``(2) Each agreement entered into pursuant to the authority
provided in paragraph (1) shall confer a benefit upon the
Bureau school commensurate with the burden assumed, though
this requirement shall not be construed so as to require
equal expenditures or an exchange of similar services.
``(g) Any other provision of law notwithstanding, where
there is agreement on such action between the superintendent
and school board of a B.I.A. funded school, the product or
result of a project conducted in whole or in major part by a
student may be given to that student upon the completion of
said project.
``(h) Notwithstanding any other provision of law, funds
received by Bureau funded schools under this title shall not
be considered Federal funds for purposes of meeting a match
requirement in any Federal program.
``SEC. 6711. POLICY FOR INDIAN CONTROL OF INDIAN EDUCATION.
``(a) It shall be the policy of the the Secretary and the
Bureau, in carrying out the functions of the Bureau, to
facilitate Indian control of Indian affairs in all matters
relating to education.
``(b)(1) All actions under this Act shall be done with
active consultation with tribes.
``(2) The consultation required under paragraph (1) means a
process involving the open discussion and joint deliberation
of all options with respect to potential issues or changes
between the Bureau and all interested parties. During such
discussions and joint deliberations, interested parties
(including, but not limited to, tribes and school officials)
shall be given an opportunity to present issues including
proposals regarding changes in current practices or programs
which will be considered for future action by the Bureau. All
interested parties shall be given an opportunity to
participate and discuss the options presented or to present
other alternatives, with the views and concerns of the
interested parties given effect unless the Secretary
determines, from information educed or presented by the
interested parties during 1 or more of the discussions and
deliberations, that there is a substantial reason for another
course of action. The Secretary shall submit to any Member of
Congress, within 18 days of the receipt of a written request
by such Member, a written explanation of any decision made by
the Secretary which is not consistent with the views of the
interested parties.
``SEC. 6712. EDUCATION PERSONNEL.
``(a)(1) Chapter 51, subchapter III of chapter 53, and
chapter 63 of title 5, United States Code, relating to leave,
pay, and classification, and the sections relating to the
appointment, promotion and removal of civil service
employees, shall not apply to educators or to education
positions (as defined in subsection (n)).
``(2) Paragraph (1) shall take effect 1 year after the date
of enactment of this Act.
``(b) Not later than the effective date of subsection
(a)(2), the Secretary shall prescribe regulations to carry
out this section. Such regulations shall govern--
``(1) the establishment of education positions,
``(2) the establishment of qualifications for educators,
``(3) the fixing of basic compensation for educators and
education positions,
``(4) the appointment of educators,
``(5) the discharge of educators,
``(6) the entitlement of educators to compensation,
``(7) the payment of compensation to educators,
``(8) the conditions of employment of educators,
[[Page 447]]
``(9) the length of the school year applicable to education
positions described in subsection (n)(1)(A),
``(10) the leave system for educators, and
``(11) such other matters as may be appropriate.
``(c)(1) In prescribing regulations to govern the
qualifications of educators, the Secretary shall require--
``(A)(i) that lists of qualified and interviewed applicants
for education positions be maintained in each agency and area
office of the Bureau from among individuals who have applied
at the agency or area level for an education position or who
have applied at the national level and have indicated in such
application an interest in working in certain areas or
agencies; and
``(ii) that a list of qualified and interviewed applicants
for education positions be maintained in the Office from
among individuals who have applied at the national level for
an education position and who have expressed interest in
working in an education position anywhere in the United
States;
``(B) that a local school board shall have the authority to
waive on a case-by-case basis, any formal education or degree
qualifications established by regulation pursuant to
subsection (b)(2), in order for a tribal member to be hired
in an education position to teach courses on tribal culture
and language and that subject to subsection (d)(2)(A), a
determination by a school board that such a person be hired
shall be followed by the supervisor; and
``(C) that it shall not be a prerequisite to the employment
of an individual in an education position at the local level
that such individual's name appear on the national list
maintained pursuant to subsection (c)(1)(A)(ii) or that such
individual has applied at the national level for an education
position.
``(2) The Secretary may authorize the temporary employment
in an education position of an individual who has not met the
certification standards established pursuant to regulations,
if the Secretary determines that failure to do so would
result in that position remaining vacant.
``(d)(1) In prescribing regulations to govern the
appointment of educators, the Secretary shall require--
``(A)(i) that educators employed in a school (other than
the supervisor of the school) shall be hired by the
supervisor of the school unless there are no qualified
applicants available, in which case the vacant position shall
be filed at the national level from the list maintained
pursuant to subsection (c)(1)(A)(ii).
``(ii) each school supervisor shall be hired by the
superintendent for education of the agency office of the
Bureau in which the school is located, and
``(iii) educators employed in an agency office of the
Bureau shall be hired by the superintendent for education of
the agency office;
``(B) that before an individual is employed in an education
position in a school by the supervisor of a school (or, with
respect to the position of supervisor, by the appropriate
agency superintendent for education), the local school board
for the school shall be consulted, and that subject to
subsection (d)(2), a determination by the school board that
such individual should or should not be so employed shall be
followed by the supervisor (or with respect to the position
of supervisor, by the agency superintendent for education);
and
``(C) that before an individual may be employed in an
education position at the agency level, the appropriate
agency school board shall be consulted, and that, subject to
subsection (d)(3), a determination by such school board that
such individual should or should not be employed shall be
followed by the agency superintendent for education.
``(2)(A) The supervisor of a school may appeal to the
appropriate agency superintendent for education any
determination by the local school board for the school that
an individual be employed, or not be employed, in an
education position in the school (other than that of
supervisor) by filing a written statement describing the
determination and the reasons the supervisor believes such
determination should be overturned. A copy of such statement
shall be submitted to the local school board and such board
shall be afforded an opportunity to respond, in writing, to
such appeal. After reviewing such written appeal and
response, the superintendent may, for good cause, overturn
the determination of the local school board. The
superintendent shall transmit the determination of such
appeal in the form of a written opinion to such board and to
such supervisor identifying the reasons for overturning such
determination.
``(B) The superintendent for education of an agency office
of the Bureau may appeal to the Director of the Office any
determination by the local school board for the school that
an individual be employed, or not be employed, as the
supervisor of a school by filing a written statement
describing the determination and the reasons the supervisor
believes such determination should be overturned. A copy of
such statement shall be submitted to the local school board
and such board shall be afforded an opportunity to respond,
in writing, to such appeal. After reviewing such written
appeal and response, the Director may, for good cause,
overturn the determination of the local school board. The
Director shall transmit the determination of such appeal in
the form of a written opinion to such board and to such
superintendent identifying the reasons for overturning such
determination.
``(3) The superintendent for education of an agency office
of the Bureau may appeal to the Director of the Office any
determination by the agency school board that an individual
be employed, or not be employed, in an education position in
such agency office by filing a written statement describing
the determination and the reasons the supervisor believes
such determination should be overturned. A copy of such
statement shall be submitted to the agency school board and
such board shall be afforded an opportunity to respond, in
writing, to such appeal. After reviewing such written appeal
and response, the Director may, for good cause, overturn the
determination of the agency school board. The Director shall
transmit the determination of such appeal in the form of a
written opinion to such board and to such superintendent
identifying the reasons for overturning such determination.
``(4) Any individual who applies at the local level for an
education position shall state on such individual's
application whether or not such individual has applied at the
national level for an education position in the Bureau. If
such individual is employed at the local level, such
individual's name shall immediately be forwarded to the
Secretary, who shall, as soon as possible but in no event in
more than thirty days, ascertain the accuracy of the
statement made by such individual pursuant to the first
sentence of this subparagraph. If the individual's statement
is found to have been false, such individual, at the
Secretary's discretion, may be disciplined or discharged. If
the individual had applied at the national level for an
education position in the Bureau, if the appointment of such
individual at the local level shall be conditional for a
period of ninety days, during which period the Secretary may
appoint a more qualified individual (as determined by the
Secretary) from the list maintained at the national level
pursuant to subsection (c)(1)(A)(ii) to the position to which
such individual was appointed.
``(5) Except as expressly provided, nothing in this section
shall be construed as conferring upon local school boards,
authority over, or control of, educators.
``(e)(1) In prescribing regulations to govern the discharge
and conditions of employment of educators, the Secretary
shall require--
``(A) that procedures be established for the rapid and
equitable resolution of grievances of educators;
``(B) that no educator may be discharged without notice of
the reasons therefore and opportunity for a hearing under
procedures that comport with the requirements of due process;
and
``(C) educators employed in Bureau schools shall be
notified sixty days prior to the end of the school year
whether their employment contract will be renewed for the
coming year.
``(2) The supervisor of a Bureau school may discharge
(subject to procedures established under paragraph (1)(B) for
cause (as determined under regulations prescribed by the
Secretary) any educator employed in such school. Upon giving
notice of proposed discharge to an educator, the supervisor
involved shall immediately notify the local school board for
the school of such action. A determination by the local
school board that such educator shall not be discharged shall
be followed by the supervisor. The supervisor shall have the
right to appeal such action to the superintendent for
education of the appropriate agency office of the Bureau.
Upon such an appeal, the agency superintendent for education
may, for good cause and in writing to the local school board,
overturn the determination of the local school board with
respect to the employment of such individual.
``(3) Each local school board for a Bureau school shall
have the right (A) to recommend to the supervisor of such
school that an educator employed in the school be discharged,
and (B) to recommend to the superintendent of education of
the appropriate agency office of the Bureau and to the
Director of the Office, that the supervisor of the school be
discharged.
``(f)(1) Notwithstanding any provision of the Indian
preference laws, such laws shall not apply in the case of any
personnel action within the purview of this section
respecting an applicant or employee not entitled to Indian
preference if each tribal organization concerned grants, in
writing, a waiver of the application of such laws with
respect to such personnel action, where such a waiver is in
writing deemed to be a necessity by the tribal organization,
except that this shall in no way relieve the Bureau of its
responsibility to issue timely and adequate announcements and
advertisements concerning any such personnel action if it is
intended to fill a vacancy (no matter how such vacancy is
created).
``(2) For purposes of this subsection, the term `tribal
organization' means--
``(A) the recognized governing body of any Indian tribe,
band, nation, pueblo, or other organized community, including
a Native village (as defined in section 3(c) of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602(c); 85 Stat.
688)); or
``(B) in connection with any personnel action referred to
in this subsection, any local school board as defined in
section 1139, and which has been delegated by such governing
body the authority to grant a waiver under such subsection
with respect to such personnel action.
``(3) The term `Indian preference laws' means section 12 of
the Act of June 18, 1934 (25 U.S.C. 472; 48 Stat. 986) or any
other pro-
[[Page 448]]
vision of law granting a preference to Indians in promotions
and other personnel actions, except that such term shall not
be considered to include section 7(b) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450e(b); 88 Stat. 2295).
``(g) Subject to the authority of the Civil Service
Commission to determine finally the applicability of chapter
51 of title 5, United States Code, to specific positions and
employees in the executive branch, the Secretary shall
determine in accordance with subsection (a)(1) the
applicability or inapplicability of such chapter to positions
and employees in the Bureau.
``(h)(1)(A) Except as otherwise provided in this section,
the Secretary shall fix the basic compensation or annual
salary rate for educators and education positions at rates
comparable to the rates in effect under the General Schedule
for individuals with comparable qualifications, and holding
comparable positions, to whom chapter 51 is applicable or on
the basis of the Federal Wage System schedule in effect for
the locality.
``(B) By no later than October 28, 1988, the Secretary
shall establish, for contracts for the 1991-1992 academic
year, and thereafter, the rates of basic compensation, or
annual salary rates, for the positions of teachers and
counselors (including dormitory counselors and home-living
counselors) at the rates of basic compensation applicable (on
the date of enactment of such Amendments and thereafter) to
comparable positions in overseas schools under the Defense
Department Overseas Teachers Pay and Personnel Practices Act,
unless the Secretary establishes such rates within such 6-
month period through collective bargaining with the
appropriate union representative of the education employees
that is recognized by the Bureau.
``(C) By no later than October 28, 1988, the Secretary
shall establish the rates of basic compensation or annual
salary rates for the positions of teachers and counselors
(including dormitory and home-living counselors)--
``(i) for contracts for the 1989-1990 academic year, at
rates which reflect \1/3\ of the changes in the rates
applicable to such positions on April 28, 1988, that must be
made to conform the rates to the rates established under
subparagraph (B) for such positions for contracts for the
1991-1992 academic year, and
``(ii) for contracts for the 1990-1991 academic year, at
rates which reflect \2/3\ of such changes.
``(D) The establishment of rates of basic compensation and
annual salary rates by the Secretary under subparagraphs (B)
and (C) shall not preclude the use of regulations and
procedures used by the Bureau before the enactment of the
Indian Education Amendments of 1988 in making determinations
regarding promotions and advancements through levels of pay
that are based on the merit, education, experience, or tenure
of the educator.
``(E)(i) Except as provided in clause (ii), the
establishment of rates of basic compensation and annual
salary rates by the Secretary under subparagraphs (B) and (C)
shall not affect the continued employment or compensation of
an educator who was employed in an education position on
October 31, 1979, and who did not make the election under
paragraph (2) of subsection (o).
``(ii) Any individual described in clause (i) may, during
the 5-year period beginning on the date on which the
Secretary establishes rates of basic compensation and annual
salary rates under subparagraph (B), make an irrevocable
election to have the basic compensation rate or annual salary
rate of such individual determined in accordance with this
paragraph.
``(iii) If an individual makes the election described in
clause (ii), such election shall not affect the application
to the individual of the same retirement system and leave
system that applies to the individual during the fiscal year
preceding the fiscal year in which such election is made,
except that the individual must use leave accrued during a
contract period by the end of that contract period.
``(F) The President shall include with the budget submitted
under section 1105 of title 31, United States Code, for each
of the fiscal years 1990, 1991, and 1992 a written statement
by the Secretary which specifies--
``(i) the amount of funds the Secretary needs to pay basic
compensation and the annual salaries of educators for such
fiscal year, and
``(ii) the amount of funds the Secretary estimates would be
needed to pay basic compensation and the annual salaries of
educators for such fiscal year if the amendments made to this
paragraph by the Indian Education Amendments of 1988 had not
been enacted.
``(2) Each educator employed in an education position in
Alaska shall be paid a cost-of-living allowance equal to 25
per centum of the rate of basic compensation to which such
educator is entitled.
``(3)(A) The Secretary may pay a postdifferential not to
exceed 25 per centum of the rate of basic compensation, on
the basis of conditions of environment or work which warrant
additional pay as a recruitment and retention incentive.
``(B)(i) Upon the request of the supervisor and the local
school board of a Bureau school, the Secretary shall grant
the supervisor of the school authorization to provide 1 or
more post differentials under subparagraph (A) unless the
Secretary determines for clear and convincing reasons (and
advises the board in writing of those reasons) that certain
of the requested post differentials should be disapproved or
decreased because there is no disparity of compensation for
the involved employees or positions in the Bureau school, as
compared with the nearest public school, that is either--
``(I) at least 5 percent, or
``(II) less than 5 percent and affects the recruitment or
retention of employees at the school.
The request under this subparagraph shall be deemed granted
as requested at the end of the 60th day after the request is
received in the Central Office of the Bureau unless before
that time it is approved, approved with modification, or
disapproved by the Secretary.
``(ii) The Secretary or the supervisor of a Bureau school
may discontinue or decrease a post differential authorized by
reason of this subparagraph at the beginning of a school year
after either--
``(I) the local school board requests that it be
discontinued or decreased, or
``(II) the Secretary or the supervisor determines for clear
and convincing reasons (and advises the board in writing of
those reasons) that there is no disparity of compensation
that would affect the recruitment or retention of employees
at the school after the differential is discontinued or
decreased.
``(iii) On or before February 1 of each year, the Secretary
shall submit to Congress a report describing the requests and
grants of authority under this subparagraph during the
previous fiscal year and listing the positions contracted
under those grants of authority.
``(i) Any individual--
``(1) who on the date of enactment of this Act is holding a
position which is determined under subsection (f) to be an
education position and who elects under subsection (o)(2) to
be covered under the provisions of this section, or
``(2) who is an employee of the Federal Government or the
municipal government of the District of Columbia and is
transferred, promoted, or reappointed, without break in
service, from a position under a different leave system to an
education position,
shall be credited for the purpose of the leave system
provided under regulations prescribed pursuant to subsection
(b)(10), with the annual and sick leave to his credit
immediately before the effective date of such election,
transfer, promotion, or reappointment.
``(j) Upon termination of employment with the Bureau, any
annual leave remaining to the credit of an individual within
the purview of this section shall be liquidated in accordance
with sections 5551(a) and 6306 of title 5, United States
Code, except that leave earned or accrued under regulations
prescribed pursuant to subsection (b)(10) shall not be so
liquidated.
``(k) In the case of any educator who is transferred,
promoted, or reappointed, without break in service, to a
position in the Federal Government under a different leave
system, any remaining leave to the credit of such person
earned or credited under the regulations prescribed pursuant
to subsection (b)(10) shall be transferred to his credit in
the employing agency on an adjusted basis in accordance with
regulations which shall be prescribed by the Civil Service
Commission.
``(l) An educator who voluntarily terminates employment
with the Bureau before the expiration of the existing
employment contract between such educator and the Bureau
shall not be eligible to be employed in another education
position in the Bureau during the remainder of the term of
such contract.
``(m) In the case of any educator employed in an education
position described in subsection (n)(1)(A) who--
``(1) is employed at the close of a school year,
``(2) agrees in writing to serve in such a position for the
next school year, and
``(3) is employed in another position during the recess
period immediately preceding such next school year, or during
such recess period receives additional compensation referred
to in subsection (g)(2) or (g)(3), section 5533 of title 5,
United States Code, relating to dual compensation, shall not
apply to such educator by reason of any such employment
during a recess period for any such receipt of additional
compensation.
``(n) For the purpose of this section--
``(1) The term ``education position'' means a position in
the Bureau the duties and responsibilities of which--
``(A) are performed on a school-year basis principally in a
Bureau school and involve--
``(i) classroom or other instruction or the supervision or
direction of classroom or other instruction;
``(ii) any activity (other than teaching) which requires
academic credits in educational theory and practice equal to
the academic credits in educational theory and practice
required for a bachelor's degree in education from an
accredited institution of higher education;
``(iii) any activity in or related to the field of
education notwithstanding that academic credits in
educational theory and practice are not a formal requirement
for the conduct of such activity; or
``(iv) support services at, or associated with, the site of
the school; or
``(B) are performed at the agency level of the Bureau and
involve the implementation of education-related programs
other than the position for agency superintendent for
education.
[[Page 449]]
``(2) The term ``educator'' means an individual whose
services are required, or who is employed, in an education
position.
``(o)(1) Subsections (a) through (n) of this section apply
to an educator hired after November 1, 1979 (and to an
educator who elected application under paragraph (2)) and to
the position in which such individual is employed. Subject to
paragraph (2), the enactment of this Act shall not affect the
continued employment of an individual employed on October 31,
1979 in an education position, or such individual's right to
receive the compensation attached to such position.
``(2) Any individual employed in an education position on
October 31, 1979, may, not later than November 1, 1983, make
an irrevocable election to be covered under the provisions of
subsection (a) through (n) of this section.
``(p)(1) An educator who was employed in an education
position on October 31, 1979, who was eligible to make an
election under paragraph (2) of subsection (o) at that time,
and who did not make the election under paragraph (2) of
subsection (o), may not be placed on furlough (within the
meaning of section 7511(a)(5) of title 5, United States Code)
without the consent of such educator for an aggregate of more
than 4 weeks within the same calendar year, unless--
``(A) the supervisor, with the approval of the local school
board (or of the agency superintendent for education upon
appeal under paragraph (2)), of the Bureau school at which
such educator provides services determines that a longer
period of furlough is necessary due to an insufficient amount
of funds available for personnel compensation at such school,
as determined under the financial plan process as determined
under section 1129(b) of this Act, and
``(B) all educators (other than principals and clerical
employees) providing services at such Bureau school are
placed on furloughs of equal length, except that the
supervisor, with the approval of the local school board (or
of the agency superintendent for education upon appeal under
paragraph (2)), may continue 1 or more educators in pay
status if (i) they are needed to operate summer programs,
attend summer training sessions, or participate in special
activities including (but not limited to) curriculum
development committees, and (ii) they are selected based upon
their qualifications, after public notice of the minimum
qualifications reasonably necessary and without
discrimination as to supervisory, nonsupervisory, or other
status of the educators who apply.
``(2) The supervisor of a Bureau school may appeal to the
appropriate agency superintendent for education any refusal
by the local school board to approve any determination of the
supervisor that is described in paragraph (1)(A) by filing a
written statement describing the determination and the
reasons the supervisor believes such determination should be
approved. A copy of such statement shall be submitted to the
local school board and such board shall be afforded an
opportunity to respond, in writing, to such appeal. After
reviewing such written appeal and response, the
superintendent may, for good cause, approve the determination
of the supervisor. The superintendent shall transmit the
determination of such appeal in the form of a written opinion
to such local school board and to the supervisor identifying
the reasons for approving such determination.
``SEC. 6713. MANAGEMENT INFORMATION SYSTEM.
``The Secretary shall establish within the Office, within 1
year after the date of the enactment of the Indian Education
Amendments of 1984, a computerized management information
system, which shall provide information to the Office. Such
information shall include but shall not be limited to--
``(1) student enrollment;
``(2) curriculum;
``(3) staff;
``(4) facilities;
``(5) community demographics;
``(6) student assessment information; and
``(7) information on the administrative and program costs
attributable to each Bureau program, divided into discreet
elements.
``SEC. 6714. BUREAU EDUCATION POLICIES.
``Within 180 days of the date of enactment of this Act, the
Secretary shall develop, publish in the Federal Register, and
submit to all agency and area offices of the Bureau, all
tribal governments, and the appropriate committees of the
Congress, a draft set of education policies, procedures, and
practices for education-related action of the Bureau. The
Secretary shall, within 1 year of the date of enactment of
this Act, provide that such uniform policies, procedures, and
practices shall be finalized and promulgated. Thereafter,
such policies, procedures, and practices and their periodic
revisions, shall serve as the foundation for future Bureau
actions in education.
``SEC. 6715. UNIFORM EDUCATION PROCEDURES AND PRACTICES.
``The Secretary shall cause the various divisions of the
Bureau to formulate uniform procedures and practices with
respect to such concerns of those divisions as relate to
education, and shall report such practices and procedures to
the Congress.
``SEC. 6716. RECRUITMENT OF INDIAN EDUCATORS.
``The Secretary shall institute a policy for the
recruitment of qualified Indian educators and a detailed plan
to promote employees from within the Bureau. Such plan shall
include opportunities for acquiring work experience prior to
actual work assignment.
``SEC. 6717. ANNUAL REPORT.
``(a) The Secretary shall submit to each appropriate
committee of the Congress a detailed annual report on the
state of education within the Bureau and any problems
encountered in the field of education during the year. Such
report shall contain suggestions for improving the Bureau
educational system and increasing local Indian control of
such system. Such report shall also include the current
status of tribally controlled community colleges. The annual
budget submission for the Bureau's education programs shall,
among other things, include (1) information on the funds
provided previously private schools under section 208 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 458d; 88 Stat. 2216) and recommendations with respect
to the future use of such funds; (2) the needs and costs of
operation and maintenance of tribally controlled community
colleges eligible for assistance under the Tribally
Controlled Community College Assistance Act of 1978 (92 Stat.
1325; 25 U.S.C. 1801 et seq.) and recommendations with
respect to meeting such needs and costs; and (3) the plans
required by section 1121(f), and 1122(c); and 1125(b) of this
Act (25 U.S.C. 2001(f), 2002(c), and 2005(b)).
``(b) The Inspector General of the Department of the
Interior shall establish a system to ensure that financial
and compliance audits are conducted of each Bureau school at
least once in every three years. Audits of Bureau schools
shall be based upon the extent to which such school has
complied with its local financial plan under section 1129.
``SEC. 6718. RIGHTS OF INDIAN STUDENTS.
``Within six months of the date of enactment of this Act,
the Secretary shall prescribe such rules and regulations as
are necessary to insure the constitutional and civil rights
of Indian students attending Bureau schools, including, but
not limited to, their right to privacy under the laws of the
United States, their right to freedom of religion and
expression and their right to due process in connection with
disciplinary actions, suspensions, and expulsions.
``SEC. 6719. REGULATIONS.
``Regulations required to be adopted under sections 6706
through 6718 and any revisions of the standards developed
under section 6701 or 6702 of this Act shall be deemed rules
of general applicability prescribed for the administration of
an applicable program for the purposes of section 431 of the
General Education Provisions Act and shall be promulgated,
submitted for congressional review, and take effect in
accordance with the provisions of such section. Such
regulations shall contain, immediately following each
substantive provision of such regulations, citations to the
particular section or sections of statutory law or other
legal authority upon which such provision is based.
``SEC. 6720. DEFINITIONS.
``For the purpose of this part--
``(1) the term `agency school board' means a body, the
members of which are appointed by the school boards of the
schools located within such agency, and the number of such
members shall be determined by the Secretary in consultation
with the affected tribes, except that, in agencies serving a
single school, the school board of such school shall fulfill
these duties;
``(2) the term `Bureau' means the Bureau of Indian Affairs
of the Department of the Interior;
``(3) the term `Bureau funded school' means--
``(A) a Bureau school;
``(B) a contract school; or
``(C) a school for which assistance is provided under the
Tribally Controlled Schools Act of 1988;
``(4) the term `Bureau school' means a Bureau operated
elementary or secondary day or boarding school or a Bureau
operated dormitory for students attending a school other than
a Bureau school;
``(5) the term `contract school' means an elementary or
secondary school or a dormitory which receives financial
assistance for its operation under a contract or agreement
with the Bureau under section 102, 103(a), or 208 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450f, 450h(a), and 458d);
``(6) the term `education line officer' means education
personnel under the supervision of the Director, whether
located in central, area, or agency offices;
``(7) the term `financial plan' means a plan of services to
be provided by each Bureau school;
``(8) the term `grant school' means a school which is
provided assistance under the Tribally Controlled Schools Act
of 1988;
``(9) the term `Indian organization' means any group,
association, partnership, corporation, or other legal entity
owned or controlled by a federally recognized Indian tribe or
tribes, or a majority of whose members are members of
federally recognized Indian tribes;
``(8) the term `local educational agency' means a board of
education or other legally constituted local school authority
having administrative control and direction of free public
education in a county, township, independent, or other school
district located within a State, and includes any State
agency which directly operates and maintains facilities for
providing free public education;
``(9) the term `local school board', when used with respect
to a Bureau school, means a body chosen in accordance with
the laws of the tribe to be served or, in the absence of such
laws, elected by the parents of the In-
[[Page 450]]
dian children attending the school, except that in schools
serving a substantial number of students from different
tribes, the members shall be appointed by the governing
bodies of the tribes affected; and the number of such members
shall be determined by the Secretary in consultation with the
affected tribes;
``(10) the term `Office' means the Office of Indian
Education Programs within the Bureau;
``(11) the term `Secretary' means the Secretary of the
Interior;
``(12) the term `supervisor' means the individual in the
position of ultimate authority at a Bureau school; and
``(13) the term `tribe' means any Indian tribe, band,
nation, or other organized group or community, including any
Alaska Native village or regional or village corporation as
defined in or established pursuant to the Alaska Native
Claims Settlement Act (85 Stat. 688) which is recognized as
eligible for the special programs and services provided by
the United States to Indians because of their status as
Indians.
``SEC. 6721. VOLUNTARY SERVICES.
``Notwithstanding section 1342 of title 31, United States
Code, the Secretary may, subject to the approval of the local
school board concerned, accept voluntary services on behalf
of Bureau schools. Nothing in this title shall be construed
to require Federal employees to work without compensation or
to allow the use of volunteer services to displace or replace
Federal employees. An individual providing volunteer services
under this section is a Federal employee only for purposes of
chapter 81 of title 5, United States Code, and chapter 171 of
title 28, United States Code.
``SEC. 6722. PRORATION OF PAY.
``(a) Notwithstanding any other provision of law, including
laws relating to dual compensation, the Secretary, at the
election of the employee, shall prorate the salary of an
employee employed in an education position for the academic
school-year over the entire twelve month period. Each
educator employed for the academic school-year shall annually
elect to be paid on a twelve month basis or for those months
while school is in session. No educator shall suffer a loss
of pay or benefits, including benefits under unemployment or
other Federal or federally-assisted programs, because of such
election.
``(b) During the course of such year the employee may
change election once.
``(c) That portion of the employee's pay which would be
paid between academic school years may be paid in lump sum at
the election of the employee.
``(d) For the purposes of this section the terms
``educator'' and ``education position'' have the meaning
contained in section 6712(n)(1) and (n)(2) of this title.
This section applies to those individuals employed under the
provisions of section 6712 of this title or title 5, United
States Code.
``SEC. 6723. EXTRACURRICULAR ACTIVITIES.
``(a) Notwithstanding any other provision of law, the
Secretary may provide, for each Bureau area, a stipend in
lieu of overtime premium pay or compensatory time off. Any
employee of the Bureau who performs additional activities to
provide services to students or otherwise support the
school's academic and social programs may elect to be
compensated for all such work on the basis of the stipend.
Such stipend shall be paid as a supplement to the employee's
base pay.
``(b) If an employee elects not to be compensated through
the stipend established by this section, the appropriate
provisions of title 5, United States Code, shall apply.
``(c) This section applies to all Bureau employees, whether
employed under section 6712 of this title or title 5, United
States Code.
``SEC. 6724. EARLY CHILDHOOD DEVELOPMENT PROGRAM.
``(a) The Secretary shall provide grants to tribes, tribal
organizations, and consortia of tribes and tribal
organizations to fund early childhood development programs
that are operated by such tribes, organizations, or
consortia.
``(b)(1) The total amount of the grants provided under
subsection (a) with respect to each tribe, tribal
organization, or consortium of tribes or tribal organizations
for each fiscal year shall be equal to the amount which bears
the same relationship to the total amount appropriated under
the authority of subsection (f) for such fiscal year (less
amounts provided under subsection (e)) as--
``(A) the total number of children under 6 years of age who
are members of--
``(i) such tribe,
``(ii) the tribe that authorized such tribal organization,
or
``(iii) any tribe that--
``(I) is a member of such consortium, or
``(II) authorizes any tribal organization that is a member
of such consortium, bears to
``(B) the total number of all children under 6 years of age
who are members of any tribe that--
``(i) is eligible to receive funds under subsection (a),
``(ii) is a member of a consortium that is eligible to
receive such funds, or
``(iii) authorizes a tribal organization that is eligible
to receive such funds.
``(2) No grant may be provided under subsection (a)--
``(A) to any tribe that has less than 500 members,
``(B) to any tribal organization which is authorized--
``(i) by only 1 tribe that has less than 500 members, or
``(ii) by 1 or more tribes that have a combined total
membership of less than 500 members, or
``(C) to any consortium composed of tribes, or tribal
organizations authorized by tribes, that have a combined
total tribal membership of less than 500 members.
``(c)(1) A grant may be provided under subsection (a) to a
tribe, tribal organization, or consortia of tribes and tribal
organizations only if the tribe, organization or consortia
submits to the Secretary an application for the grant at such
time and in such form as the Secretary shall prescribe.
``(2) Applications submitted under paragraph (1) shall set
forth the early childhood development program that the
applicant desires to operate.
``(d) The early childhood development programs that are
funded by grants provided under subsection (a)--
``(1) shall coordinate existing programs and may provide
services that meet identified needs of parents and children
under 6 years of age which are not being met by existing
programs, including--
``(A) prenatal care,
``(B) nutrition education,
``(C) health education and screening,
``(D) educational testing, and
``(E) other educational services,
``(2) may include instruction in the language, art, and
culture of the tribe, and
``(3) shall provide for periodic assessment of the program.
``(e) The Secretary shall, out of funds appropriated under
the authority of subsection (f), include in the grants
provided under subsection (a) amounts for administrative
costs incurred by the tribe or tribal organization in
establishing and maintaining the early childhood development
program.
``(f) For the purpose of carrying out the provisions of
this section, there are authorized to be appropriated
$5,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``SEC. 6725. TRIBAL DEPARTMENTS OF EDUCATION.
``(a) Subject to the availability of appropriations, the
Secretary shall provide grants and technical assistance to
tribes for the development and operation of tribal
departments of education for the purpose of planning and
coordinating all educational programs of the tribe.
``(b) Grants provided under this section shall--
``(1) be based on applications from the governing body of
the tribe,
``(2) reflect factors such as geographic and population
diversity,
``(3) facilitate tribal control in all matters relating to
the education of Indian children on Indian reservations and
on former Indian reservations in Oklahoma,
``(4) provide for the development of coordinated
educational programs on Indian reservations (including all
preschool, elementary, secondary, and higher or vocational
educational programs funded by tribal, Federal, or other
sources) by encouraging tribal administrative support of all
Bureau funded educational programs as well as encouraging
tribal cooperation and coordination with all educational
programs receiving financial support from State agencies,
other Federal agencies, or private entities,
``(5) provide for the development and enforcement of tribal
educational codes, including tribal educational policies and
tribal standards applicable to curriculum, personnel,
students, facilities, and support programs, and
``(6) otherwise comply with regulations for grants under
section 103(a) of the Indian Self-Determination and
Educational Assistance Act (25 U.S.C. 450h) that are in
effect on the date application for such grants are made.
``(c)(1) In approving and funding applications for grants
under this section, the Secretary shall give priority to any
application that--
``(A) includes assurances from the majority of Bureau
funded schools located within the boundaries of the
reservation of the applicant that the tribal department of
education to be funded under this section will provide
coordinating services and technical assistance to all of such
schools, including (but not limited to) the submission to
each applicable agency of a unified application for funding
for all of such schools which provides that--
``(i) no administrative costs other than those attributable
to the individual programs of such schools will be associated
with the unified application, and
``(ii) the distribution of all funds received under the
unified application will be equal to the amount of funds
provided by the applicable agency to which each of such
schools is entitled under law,
``(B) includes assurances from the tribal governing body
that the tribal department of education funded under this
section will administer all contracts or grants (except those
covered by the other provisions of this title and the
Tribally Controlled Community College Assistance Act of 1978)
for education programs administered by the tribe and will
coordinate all of the programs to the greatest extent
possible,
``(C) includes assurances for the monitoring and auditing
by or through the tribal department of education of all
education programs for which funds are provided by contract
or grant to ensure that the programs meet the requirements of
law, and
``(D) provides a plan and schedule for--
``(i) the assumption over the term of the grant by the
tribal department of education
[[Page 451]]
of all assets and functions of the Bureau agency office
associated with the tribe, insofar as those responsibilities
relate to education, and
``(ii) the termination by the Bureau of such operations and
office at the time of such assumption,
but when mutually agreeable between the tribal governing body
and the Assistant Secretary, the period in which such
assumption is to occur may be modified, reduced, or extended
after the initial year of the grant.
``(2) Subject to the availability of appropriated funds,
grants provided under this section shall be provided for a
period of 3 years and the grant may, if performance by the
grantee is satisfactory to the Secretary, be renewed for
additional 3-year terms.
``(d) The Secretary shall not impose any terms, conditions,
or requirements on the provision of grants under this section
that are not specified in this section.
``(e) For the purpose of carrying out the provisions of
this section, there are authorized to be appropriated
$2,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``SEC. 6726. PAYMENTS.
``(a)(1) Except as otherwise provided in this subsection,
the Secretary shall make payments to grantees under this part
in 2 payments:
``(A) one payment to be made no later than July 1 of each
year in an amount equal to one-half of the amount which the
grantee was entitled to receive during the preceding academic
year, and
``(B) the second payment, consisting of the remainder to
which the grantee is entitled for the academic year, shall be
made no later than December 1 of each year.
``(2) For any school for which no payment was made from
Bureau funds in the preceding academic year, full payment of
the amount computed for the first academic year of
eligibility under this part shall be made no later than
December 1 of the academic year.
``(3) With regard to funds for grantees that become
available for obligation on October 1 of the fiscal year for
which they are appropriated, the Secretary shall make
payments to grantees no later than December 1 of the fiscal
year.
``(4) The provisions of the Prompt Payment Act (31 U.S.C.
3901 et seq.) shall apply to the payments required to be made
by paragraphs (1), (2), and (3) of this subsection.
(b) Paragraph (3) is amended by striking ``Paragraphs (1)
and (2)'' and inserting in lieu thereof ``Paragraphs (1),
(2), and (3)'', and is renumbered as paragraph ``(5)''.
``TITLE VII--BILINGUAL EDUCATION PROGRAMS
``SEC. 7001. SHORT TITLE.
``This title may be cited as the `Bilingual Education Act'.
``SEC. 7002. FINDINGS, POLICY, AND PURPOSE.
``(a) Findings.--The Congress finds that--
``(1) language-minority Americans constitute a large and
growing proportion of the Nation's population;
``(2) language-minority Americans speak virtually all world
languages plus many that are indigenous to the United States;
``(3) the presence of language-minority Americans is
related in part to Federal immigration policies;
``(4) many language-minority Americans are limited in their
English proficiency, and many have limited education and
income;
``(5) limited-English-proficient children and youth, like
all other children and youth, have diverse educational needs
and strengths and therefore require access to all educational
programs and services;
``(6) the Federal Government has a responsibility for the
education of American Indians and a special obligation to
Native Alaskans, Native Hawaiians and native residents of the
territories and freely associated nations to redress the
effect of past Federal policies;
``(7) institutions of higher education can assist in
preparing teachers, administrators and other school personnel
to understand and build upon the educational strengths and
needs of language-minority and culturally diverse student
enrollments;
``(8) it is the purpose of this title to help ensure that
limited-English-proficient students master English and
develop high levels of academic attainment in content areas;
``(9) quality bilingual education programs enable children
and youth to learn English and meet high academic standards
including proficiency in more than one language;
``(10) as the world becomes increasingly interdependent and
as international communication becomes a daily occurrence in
government, business, commerce, and family life, multilingual
skills constitute an important national resource which
deserves protection and development;
``(11) educational technology has the potential for
improving the education of language-minority and limited-
English-proficient students and their families, and the
Federal Government should foster this development;
``(12) research, development, implementation and
dissemination of effective bilingual education methods,
practices, and programs for limited-English-proficient
children are essential to systemwide school reform that
improves education for all children; and
``(13) a recognized means by which a child learns is
through the use of the child's native language, cultural
heritage, and instructional programs which use and build upon
a child's non-English native language and cultural heritage
to promote parent and community involvement in education,
student self-esteem, proficiency in English, and subject
matter achievement.
``(b) Policy.--The Congress declares it to be the policy of
the United States, in order to ensure equal educational
opportunity for all children and youth and to promote
educational excellence, to assist State and local educational
agencies, institutions of higher education, and community-
based organizations to build their capacity to establish,
implement, and sustain programs of instruction for language
minority and limited-English-proficient children and youth.
``(c) Purpose.--The purpose of this title is to educate
language minority and limited-English-proficient children and
youth to meet the same rigorous standards for academic
performance expected of all children and youth, including
meeting challenging State performance standards in academic
areas by developing--
``(1) systemic improvement and reform of educational
programs serving language-minority and limited-English-
proficient students through the development and
implementation of exemplary bilingual education programs and
special alternative instruction programs;
``(2) data collection and dissemination, research,
materials development, and technical assistance which is
focused on school improvement for language-minority and
limited-English-proficient students; and
``(3) programs which strengthen and improve the
professional training of educational personnel who work with
limited-English-proficient and language-minority students.
``SEC. 7003. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--For the purpose of carrying out the
provisions of this title (except part F), there are
authorized to be appropriated $215,000,000 for the fiscal
year 1995 and such sums as may be necessary for each of the
fiscal years 1996, 1997, 1998, and 1999.
``(b) Distribution.--From the sums appropriated under
subsection (a) for any fiscal year, the Secretary shall
reserve at least 25 percent for part C of this title.
``SEC. 7004. DEFINITIONS; REGULATIONS:
``(a) General Rule.--For purposes of this title--
``(1) The term `native language', when used with reference
to an individual, means the language normally used by such
individuals, or, in the case of a child, the language
normally used by the parents of the child.
``(2) The term `language-minority' means--
``(A) individuals whose native language is other than
English;
``(B) individuals who usually speak a language other than
English or come from home environments where a language other
than English is usually spoken; or
``(C) American Indians, Alaskan Natives, and Native
Hawaiians and native residents of the territories and freely
associated nations.
``(3) The term `limited-English-proficient' means a
language-minority person who has difficulty understanding,
speaking, reading, or writing the English language at a level
appropriate to his or her age and grade and is, thereby,
academically disadvantaged in programs conducted exclusively
in English.
``(4) The term `bilingual education' refers to educational
programs for limited-English-proficient students which make
instructional use of both English and a student's native
language. Programs of bilingual education must enable
limited-English-proficient students to achieve English
proficiency and academic mastery of subject matter content
and higher order skills, including critical thinking, so as
to meet age-appropriate grade-promotion and graduation
standards in concert with national education goals. Bilingual
education programs may also develop the native language
skills of limited-English-proficient students, or ancestral
languages of American Indians, Alaskan Natives, Native
Hawaiians and native residents of the territories and freely
associated nations. English proficient students may
participate in bilingual education programs if the programs
are designed to enable all enrolled students to become
proficient in English and a second language.
``(5) The term `special alternative instructional program'
refers to educational programs for limited-English-proficient
students which utilize specially designed English language
curricula and services but do not use the student's native
language for instructional purposes. Special alternative
instructional programs must enable limited-English-proficient
students to achieve English proficiency and academic mastery
of subject matter content and higher order skills, including
critical thinking so as to meet age-appropriate grade-
promotion and graduation standards in concert with national
education goals. Special alternative instructional programs
are suitable for schools where the diversity of the limited-
English-proficient students' native languages and the small
number of students speaking each respective language makes
bilingual education impractical and where there is a critical
shortage of bilingual education teachers.
``(6) The term `family education programs' refers to
bilingual education or special alternative instructional
programs designed to help limited-English-proficient adults
and out-of-school youths achieve proficiency in the English
language and to provide instruction on how parents and family
members can facilitate the educational achievement of their
children. When feasible, instructional
[[Page 452]]
programs such as the model developed under the Even Start
Literacy Programs that promote adult literacy and train
parents to support the educational growth of their children
shall be developed. Programs shall give preference to
participation by parents and immediate family members of
children attending school. Family education programs may also
provide instruction to facilitate higher education and
employment outcomes.
``(7) The term `institution of higher education' has the
meaning given such term in section 1201(a) of the Higher
Education Act of 1965.
``(8) The term `Office' means the Office of Bilingual
Education and Minority Languages Affairs.
``(9) The term `community college' has the meaning given
such term in section 1201(a) of the Higher Education Act of
1965 for an institution which provides not less than a 2-year
program which is acceptable for full credit toward a
bachelor's degree, including institutions receiving
assistance under the Tribally Controlled Community College
Assistance Act of 1978.
``(10) The term `paraprofessional' means an individual who
is employed in preschool or elementary or secondary school
under the supervision of a certified or licensed teacher,
including individuals employed in bilingual education,
special education and migrant education.
``(11) The term `other programs for persons of limited-
English-proficiency' means any programs administered by the
Secretary that serve persons of limited-English-proficiency.
``(12) The term `community-based organization' means a
private nonprofit organization or Indian tribe or tribally
sanctioned educational authority which is representative of a
community or significant segments of a community and which
provides educational or related services to individuals in
the community. The term `community-based organization'
includes Native Hawaiian organizations (including Native
Hawaiian education organizations) as defined in section 4009
of Public Law 100-297).
``(13) The term `children and youth' means individuals aged
3 through 21.
``(14) The term `immigrant children and youth' means
individuals who--
``(A) are aged 3 through 21;
``(B) were not born in any State; and
``(C) have not been attending 1 or more schools in any 1 or
more States for more than 2 full academic years.
``(b) Regulation Rule.--In developing regulations under
this title, the Secretary shall consult with State and local
educational agencies, organizations representing limited-
English-proficient individuals, and organizations
representing teachers and other personnel involved in
bilingual education.
``(c) Parental Notification.--Parents of children and youth
participating in programs assisted under this title shall be
informed of--
``(1) a student's level of English proficiency, how it was
assessed, the status of a student's academic achievement and
the implications of a student's educational strengths and
needs for age and grade appropriate academic attainment,
promotion, and graduation;
``(2) what programs are available to meet the student's
educational strengths and needs and how the programs differ
in content and instructional goals, and in the case of a
disabled student, how the program meets the objectives of a
student's individualized education program;
``(3) the instructional goals of the bilingual education or
special alternative instructional program, and how the
program will specifically help the limited-English-proficient
student acquire English and meet age-appropriate standards
for grade-promotion and graduation, including--
``(A) the benefits and nature of the bilingual educational
program and of the instructional alternatives; and
``(B) the reasons for the selection of their child as being
in need of bilingual education.
``(4)(A) Parents shall also be informed that they have the
option of declining enrollment of their children and youth in
such programs and shall be given an opportunity to do so if
they so choose.
``(B) Local educational agencies are not relieved of any of
their obligations under title VI of the Civil Rights Act of
1964 because parents choose not to enroll their children in
bilingual education programs.
``(5) Parents must receive, in a manner and form
understandable to them, including, if necessary and to the
extent feasible, in their native language, the information
required by this subsection. At a minimum, parents must
receive--
``(A) timely information about projects funded under this
part; and
``(B) if the parents of participating children so desire,
notice of opportunities for regular meetings for the purpose
of formulating and responding to recommendations from such
parents.
``(6) no action may involve the admission or exclusion of
students to or from any federally assisted education program
merely on the basis of the surnames or language-minority
status of such students.
``SEC. 7005. INDIAN AND ALASKAN NATIVE CHILDREN IN SCHOOLS.
``(a) Eligible Entities.--For the purpose of carrying out
programs under this title for individuals served by
elementary, secondary, or postsecondary schools operated
predominately for Indian or Alaska Native children and youth,
an Indian tribe, a tribally sanctioned educational authority,
or an elementary or secondary school that is operated or
funded by the Bureau of Indian Affairs shall be considered to
be a local educational agency as such term is used in this
title, subject to the following qualifications:
``(1) The term `Indian tribe' means any Indian tribe, band,
nation, or other organized group or community, including any
Alaska Native village or regional or village corporation as
defined in or established pursuant to the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.), that is
recognized for the special programs and services provided by
the United States to Indians because of their status as
Indians.
``(2) The term `tribally sanctioned educational authority'
means--
``(A) any department or division of education operating
within the administrative structure of the duly constituted
governing body of an Indian tribe; or
``(B) any nonprofit institution or organization that is--
``(i) chartered by the governing body of an Indian tribe to
operate any such school or otherwise to oversee the delivery
of educational services to members of that tribe; and
``(ii) approved by the Secretary for the purpose of this
section.
``(b) Bureau of Indian Affairs Schools.--From the sums
appropriated pursuant to section 7003, the Secretary is
authorized to make payments to applicants to carry out
programs of bilingual education or special alternative
instruction for Indian children served by elementary and
secondary schools operated or funded by the Bureau of Indian
Affairs.
``(c) Annual Report.--(1) The Assistant Secretary of the
Interior for the Bureau of Indian Affairs in collaboration
with the Secretary shall submit to the Congress, the
President, and the Secretary, by September 30 of each year, a
report which provides--
``(A) an assessment of the educational outcomes and needs
of Indian children with respect to the purposes of this title
in schools operated or funded by the Department of the
Interior, including tribes and local educational agencies
receiving assistance under the Johnson-O'Malley Act and the
Native American Languages Act; and
``(B) an assessment of the extent to which such needs are
being met by funds provided to such schools for educational
purposes through the Secretary of the Interior.
``(2) The results presented in this report shall be
included in the report under section 7041 of this Act.
``(3) The assessments required under this subsection shall
be waived if such assessments duplicate similar assessment
requirements under other Federal or tribal laws.
``SEC. 7006. RESIDENTS OF THE TERRITORIES AND FREELY
ASSOCIATED NATIONS.
``For the purpose of carrying out programs under this title
in Guam and the freely associated nations, the term `local
educational agency' shall include public institutions or
agencies whose mission is the preservation and maintenance of
native languages.
``PART A--BILINGUAL EDUCATION CAPACITY AND DEMONSTRATION GRANTS
``SEC. 7101. PURPOSE OF GRANTS.
``Grants under this part shall be used to develop the
capacity of local educational agencies, institutions of
higher education, and community-based organizations which
provide educational programs to initiate, develop, enhance or
improve bilingual education or special alternative
instruction programs for children and youth of limited-
English-proficiency.
``SEC. 7102. PROGRAM DEVELOPMENT AND IMPLEMENTATION GRANTS.
``(a) Purpose.--The purpose of this section is to develop
and implement new comprehensive, coherent, and successful
bilingual education or special alternative instructional
programs for limited-English-proficient students including
programs of early childhood education, K-12 education, gifted
and talented education, and vocational and applied technology
education.
``(b) Program Authorized.--
``(1) The Secretary is authorized to make program
development and implementation grants of up to $100,000
annually for 3 years with 1 additional year upon the
Secretary's approval.
``(2) Grants approved under this section shall be used to
improve the education of limited-English-proficient students
and their families by--
``(A) developing and implementing comprehensive preschool,
elementary, or secondary bilingual education or special
alternative instructional programs that are coordinated with
other relevant programs and services to meet the full range
of educational needs of limited-English-proficient students;
and
``(B) providing in service training to classroom teachers,
administrators, and other school or community-based
organizational personnel to improve the instruction and
assessment of language-minority and limited-English-
proficient students.
``(3) Grants approved under this section may be used to
improve the education of limited-English-proficient students
and their families by--
``(A) implementing family education programs and
activities; and
``(B) improving the instructional program for limited-
English-proficient students by upgrading curriculum,
instructional materials, and assessment procedures and, if
appropriate, applying educational technology.
``(c) Eligible Entities.--A grant may be made under this
section only upon application by one or more local
educational agen-
[[Page 453]]
cies, applying alone or in collaboration with an institution
of higher education, community-based organization or local or
State educational agency. A grant may also be made under this
section upon application by a community-based organization
which is agreed to by the local educational agency to develop
and implement early childhood education or family education
programs or to conduct an instructional program which
supplements the educational services provided by a local
educational agency.
``(d) Distribution.--The Secretary shall, to the extent
practicable, award grants equally among early childhood
education, elementary education, and secondary education
programs.
``SEC. 7103. PROGRAM ENHANCEMENT PROJECTS.
``(a) Purpose.--The purpose of this section is to carry out
highly focused, innovative, locally designed projects to
expand or enhance existing bilingual education or special
alternative instructional programs for limited-English-
proficient students.
``(b) Program Authorized.--
``(1) The Secretary is authorized to make program
enhancement project grants of up to $100,000 for 2 years to
eligible applicants.
``(2) Grants approved under this section shall be used for
providing in-service training to classroom teachers,
administrators, and other school or community-based
organization personnel to improve the instruction and
assessment of language-minority and limited-English-
proficient students.
``(3) Grants approved under this section may be used for--
``(A) improving the instructional program for limited-
English-proficient students by upgrading curriculum,
instructional materials, and assessment procedures and, if
appropriate, applying educational technology;
``(B) implementing family education programs and
activities; and
``(C) providing intensified instruction.
``(c) Eligible Entities.--A grant may be made under this
section only upon application by one or more local
educational agencies, applying alone or in collaboration with
an institution of higher education, community-based
organization or local or State educational agency. A grant
also may be made under this section upon application by a
community-based organization which is agreed to by the local
educational agency to enhance early childhood education or
family education programs or to conduct an instructional
project which supplements the educational services provided
by a local educational agency.
``SEC. 7104. WHOLE-SCHOOL PROGRAMS.
``(a) Purpose.--The purpose of this section is to provide
financial assistance to eligible applicants to reform,
restructure, and upgrade all relevant programs and operations
within an individual school to fulfill the comprehensive
educational needs of all of a school's limited-English-
proficient students and their families.
``(b) Program Authorized.--
``(1) The Secretary is authorized to make 5-year grants of
up to $100,000 for the first year and up to $250,000 for each
of the subsequent 4 years to eligible applicants.
``(2) Grants approved under this section shall be used to
improve education of limited-English-proficient students and
their families by reviewing, restructuring, and upgrading in-
service training for all school staff and, if appropriate,
for community-based organization personnel.
``(3) Grants approved under this section may be used to
improve the education of limited-English-proficient students
and their families by reviewing, restructuring, and
upgrading--
``(A) the school's instructional program for limited-
English-proficient students including curriculum,
instructional materials, and assessment systems, and, if
appropriate, the application of educational technology;
``(B) family education programs and activities; and
``(C) intensified instruction.
``(4) During the first year of the grant, a priority is
established in use of funds for preparatory activities
including planning, training, curriculum development, and
materials acquisition or development.
``(c) Eligible Entities.--A grant may be made under this
section only upon application by one or more local
educational agencies, applying alone or in collaboration with
an institution of higher education, community-based
organizations or local or State educational agency.
``SEC. 7105. SYSTEM-WIDE IMPROVEMENT GRANTS.
``(a) Purpose.--The purpose of this section is to provide
financial assistance to improve, reform, and upgrade relevant
programs and operations with an entire local educational
agency to fulfill the comprehensive educational needs of all
the agency's limited-English-proficient students and, to the
extent feasible, their families.
``(b) Program Authorized.--
``(1) The Secretary is authorized to make 5-year grants of
up to $1,000,000 for the first year and up to $5,000,000 for
each of the subsequent 4 years to eligible applicants.
``(2) Grants approved under this section may be used during
the first 12 months exclusively for activities preparatory to
the delivery of services.
``(3) Grants approved under this section may be used to
improve education of limited-English-proficient students and
their families by reviewing, restructuring, and upgrading--
``(A) educational goals, curriculum guidelines and content,
standards and assessments;
``(B) personnel policies and practices including
recruitment, certification, staff development, and
assignment;
``(C) student grade-promotion and graduation requirements;
``(D) student assignment policies and practices;
``(E) program delivery standards, management information
and accountability systems;
``(F) instructional and extracurricular programs and
services; and
``(G) application of educational technology.
``(c) Eligible Entities.--A grant may be made under this
section only upon application by one or more local
educational agencies, applying alone or in collaboration with
an institution of higher education, community-based
organization or local or State educational agency.
``(d) Priority.--The Secretary shall give priority to
applications from--
``(1) applicants which enroll a large percentage or large
number of limited-English-proficient students; and
``(2) consortia of eligible applicants to serve limited-
English-proficient students in rural and linguistically
isolated settings.
``SEC. 7106. APPLICATIONS.
``(a) Submission.--To receive a grant under this part,
applicants shall submit an application to the Secretary in
such form and containing such information as the Secretary
may require:
``(1) An application for a grant under this part shall be
developed in consultation with, and shall provide for the
continuing involvement of, an advisory council which shall be
composed of representatives responsible for implementing
grant activities and of parents and other relatives of the
children to be served in such programs; parents shall
comprise a majority of all council members.
``(2) All applicants for grants under this part, except for
those applicants identified in section 7005, shall submit a
copy of the application to the relevant State educational
agency. The State educational agency may submit to the
Secretary written comments on the application with respect to
how the applications further State education improvement
plans including any developed under Goals 2000: Educate
America Act (if such plans exist) or title I of this Act. If
the State educational agency of a State submits written
comments on any application, it must submit written comment
on all applications within that same grant category from
within that State. The Secretary shall take comments into
consideration when funding applications under this part.
``(b) Required Documentation.--Such application shall
include documentation that the applicant has the qualified
personnel required to develop, administer, and implement the
proposed program.
``(c) Contents.--(1) An application for a grant under this
part shall contain the following:
``(A) A description of the need for the proposed program,
including data on the number of children and youth of
limited-English-proficiency in the school or district to be
served and their characteristics, such as language spoken,
dropout rates, proficiency in English and the native
language, academic standing in relation to their English
proficient peers, and, where applicable, the recency of
immigration.
``(B) A description of the program to be implemented and
how its design--
``(i) relates to the linguistic and academic needs of the
children and youth of limited-English-proficiency to be
served;
``(ii) is consistent with, and promotes the goals in, the
local educational agency plan under title III of the Goals
2000: Educate America Act, if such plan exists, and the local
educational agency's plan under title I of this Act,
particularly as those plans relate to the education of
children and youth of limited-English-proficiency;
``(iii) involves the parents of the children and youth of
limited-English-proficiency to be served;
``(iv) ensures accountability in the expected student
outcomes; and
``(v) promotes coordination of services for the children
and youth of limited-English-proficiency to be served and
their families.
``(C) A description, if appropriate, of the applicant's
collaborative activities with institutions of higher
education, community-based organizations, local or State
educational agencies, private schools, nonprofit
organizations, or businesses in carrying out the proposed
program.
``(D) An assurance that the applicant will not reduce the
level of State and local funds that it expends for bilingual
education or special alternative instruction programs if it
receives an award under this part.
``(E) A budget for grant funds.
``(2) An application for a grant under section 7102 or 7104
shall also contain a description of the instructional
program, student services, in-service training, and family
education programs to be provided under the grant.
``(3) An application for a grant under section 7103 shall
also contain the following:
``(A) A description of the existing bilingual education or
special alternative instruction program which the project is
designed to enhance.
``(B) A description of the proposed project activities.
``(4) An application for a grant under section 7105 shall
also contain a description of the activities which would be
carried out under the grant.
[[Page 454]]
``(d) Approval of Applications.--An application for a grant
under this part may be approved only if the Secretary
determines that--
``(1) the program will use qualified personnel, including
those personnel who are proficient in the language or
languages used for instruction;
``(2) in designing the program for which application is
made, the needs of children in nonprofit private elementary
and secondary schools have been taken into account through
consultation with appropriate private school officials and,
consistent with the number of such children enrolled in such
schools in the area to be served whose educational needs are
of the type and whose language and grade levels are of a
similar type that the program is intended to address, after
consultation with appropriate private school officials,
provision has been made for the participation of such
children on a basis comparable to that provided for public
school children;
``(3) student evaluation and assessment procedures in the
program are valid, reliable, and fair for limited-English-
proficient students, and that limited-English-proficient
students who are disabled are identified and served in
accordance with the requirements of the Individuals with
Disabilities Education Act;
``(4) Federal funds made available for the project or
activity will be used so as to supplement the level of State
and local funds that, in the absence of such Federal funds,
would have been expended for special programs for children of
limited-English-proficient individuals and in no case to
supplant such State and local funds, except that nothing in
this paragraph shall preclude a local educational agency from
using funds under this title for activities carried out under
an order of a court of the United States or of any State
respecting services to be provided such children, or to carry
out a plan approved by the Secretary as adequate under title
VI of the Civil Rights Act of 1964 with respect to services
to be provided such children;
``(5) the assistance provided under the application will
contribute toward building the capacity of the applicant to
provide a program on a regular basis, similar to that
proposed for assistance, which will be of sufficient size,
scope, and quality to promise significant improvement in the
education of students of limited-English-proficiency, and
that the applicant will have the resources and commitment to
continue the program when assistance under this title is
reduced or no longer available;
``(6) the applicant provides for utilization of the State
and national dissemination sources for program design and in
dissemination of results and products.
``(e) Special Consideration and Priorities.--
``(1) Students may participate in any program receiving
funds under this part for the duration of the program.
``(2) The Secretary shall give priority to applications
which provide for the development of bilingual proficiency
for all participating students.
``(3) Grants for special alternative instructional programs
shall not exceed 25 percent of the funds provided for any
type of grant under any section or of total funds provided
under this part.
``(4) Notwithstanding paragraph (3), the Secretary may
award grants for special alternative instructional programs
if an applicant has demonstrated that they cannot develop and
implement a bilingual education program for the following
reasons:
``(A) Where the diversity of the limited-English proficient
students' native languages and the small number of students
speaking each respective language makes bilingual education
impractical.
``(B) Where, despite documented convincing efforts, the
applicant has not been able to hire instructional personnel
who are able to communicate in the students' native language.
``(5) In approving applications under this part, the
Secretary shall give consideration to the degree to which the
program for which assistance is sought involves the
collaborative efforts of institutions of higher education,
community-based organizations, the appropriate local and
State educational agency, or business.
``(6) The Secretary shall ensure that projects funded under
this part address the full needs of school systems of all
sizes and geographical areas, including rural schools.
``(7) The Secretary shall give priority to applications
providing training for personnel participating in or
preparing to participate in the program which will assist
them in meeting State and local certification requirements
and that, to the extent possible, college or university
credit will be awarded for such training.
``SEC. 7107. INTENSIFIED INSTRUCTION.
``In carrying out this part, each grant recipient may
intensify instruction for limited-English-proficient students
by--
``(1) expanding the educational calendar of the school in
which such student is enrolled to include programs before and
after school and during the summer months;
``(2) expanding the use of professional and volunteer aids;
``(3) applying technology to the course of instruction; and
``(4) providing intensified instruction through
supplementary instruction or activities, including
educationally enriching extracurricular activities, during
times when school is not routinely in session.
``SEC. 7108. CAPACITY BUILDING.
``Each recipient of a grant under this part shall use its
grant in ways that will build its capacity to continue to
offer high-quality bilingual and special alternative
education programs and services to children and youth of
limited-English-proficiency once Federal assistance is
reduced or eliminated.
``SEC. 7109. SUBGRANTS.
``A local educational agency that receives a grant under
this part may, with the approval of the Secretary, make a
subgrant to, or enter into a contract with, an institution of
higher education, a non-profit organization, or a consortium
of such entities to carry out an approved program, including
a program to serve out-of-school youth.
``SEC. 7110. GEOGRAPHIC DISTRIBUTION OF FUNDS.
``To the extent possible, the Secretary shall award funds
under this part throughout the Nation in a manner that
reflects the geographic distribution of children and youth of
limited-English-proficiency.
``SEC. 7111. PROGRAMS IN PUERTO RICO.
``Programs authorized under this title in the Commonwealth
of Puerto Rico may, notwithstanding any other provision of
this title, include programs of instruction, teacher
training, curriculum development, evaluation, and testing
designed for children and youth of limited-Spanish
proficiency.
``SEC. 7112. EVALUATIONS.
``(a) Evaluation.--Each recipient of funds under this part
shall provide the Secretary with an evaluation, in the form
prescribed by the Secretary, of its program every two years.
``(b) Use of Evaluation.--Such evaluation shall be used by
a grantee--
``(1) for program improvement;
``(2) to further define the local program's goals and
objectives; and
``(3) to determine program effectiveness.
``(c) Evaluation Components.--Evaluations shall include--
``(1) student outcome indicators that measure progress
toward the performance standards set out in the State's plan,
either approved or being developed, under title III of the
Goals 2000: Educate America Act, or, if the State does not
have an approved plan under title III of the Goals 2000:
Educate America Act and is not developing such a plan, with
the State plan approved or being developed under section 1111
of this Act, including data comparing children and youth of
limited-English-proficiency with non-limited-English-
proficient children and youth with regard to school
retention, academic achievement, and gains in English (and,
where applicable, native language) proficiency;
``(2) program implementation indicators that provide
information for informing and improving program management
and effectiveness, including data on appropriateness of
curriculum in relationship to grade and course requirements,
appropriateness of program management, appropriateness of the
program's staff professional development, and appropriateness
of the language of instruction;
``(3) program context indicators that describe the
relationship of the activities funded under the grant to the
overall school program and other Federal, State, or local
programs serving children and youth of limited-English-
proficiency; and
``(4) such other information as the Secretary may require.
``PART B--RESEARCH AND DISSEMINATION
``SEC. 7201. USE OF FUNDS.
``The Secretary is authorized to conduct data collection,
dissemination, research, and evaluation activities through
the Office of Bilingual Education and Minority Languages
Affairs for the purpose of improving bilingual education and
special alternative instruction programs for children and
youth of limited-English-proficiency.
``SEC. 7202. RESEARCH.
``(a) Research Activities.--The Secretary shall support
through competitive grants contracts and cooperative
agreements to institutions of higher education, nonprofit and
for-profit organizations, and local and State educational
agencies, funds for research with a practical application to
teachers, counselors, paraprofessionals, school
administrators, parents, and others involved in improving the
education of limited-English-proficient students and their
families.
``(b) Authorized Activities.--
``(1) The Secretary may conduct research activities that
include--
``(A) identifying criteria for the establishment, use and
monitoring of local, State, or national education goals,
content, performance and delivery standards, and assessments
for all students that provide for appropriate, valid,
reliable, and fair participation by limited-English-
proficient and language-minority students;
``(B) identifying determinants of appropriate high quality
secondary school programs for limited-English-proficient
students, and high quality curriculum-related instructional
materials; and
``(C) identifying determinants of appropriate high quality
early childhood development programs for limited-English-
proficient children, including families, and appropriate high
quality materials.
``(D) studies to identify models of effective program
coordination that support students while in transition to
English language classrooms that develop and maintain high
levels of proficiency in the native languages and English;
[[Page 455]]
``(E) studies of effective curricula and instructional
strategies for the development and maintenance of high levels
of student proficiency in both their native language and
English, including the role of family, community, and career
contexts;
``(F) identification of strategies for effective
participation by limited-English-proficient parents in their
children's education for attainment of educational
excellence;
``(G) identifying methods of improving classification,
placement, and services to limited-English-proficient
students including, but not limited to their participation in
early childhood development programs, title I, special
education, foreign language education, and gifted and
talented education;
``(H) identification of methods for effective delivery of
bilingual education to rural schools and in the less-
commonly-taught languages using educational technology and
electronic communications networks;
``(I) identification of trends in demand for language
skills and of career opportunities for individuals with high
levels of proficiency in English and a second language; and
``(J) establishing through the National Center for
Education Statistics and in consultation with the Office of
Bilingual Education and Minority Languages Affairs, and
experts in bilingual education, second language acquisition
and English-as-a-second language, a common definition of
`limited-English-proficient student' for purposes of national
data collection.
``(c) Field-Initiated Research.--The Secretary shall
reserve at least 5 percent of the funds available under this
section for field-initiated research by current or recent
recipients of grants under parts A or C of this title.
Research must be conducted by current grant recipients or by
former recipients who have received such grants within the
previous 5 years. Field-initiated research may provide for
longitudinal studies of students or teachers in bilingual
education, monitoring the education of such students from
entry in bilingual education through high school completion.
Applicants may submit an application for field-initiated
research at the same time as applications are submitted under
part A or part C. The Secretary shall complete a review of
such applications on a timely basis to allow research and
program grants to proceed in coordination where appropriate.
``(d) Consultation.--The Secretary shall consult with
agencies and organizations that are engaged in bilingual
education research and practice, or related research, and
bilingual education researchers and practitioners to identify
areas of study and activities to be funded under this
section.
``(e) Coordination.--Research activities supported under
this section--
``(1) shall be carried out in consultation with the Office
of Educational Research and Improvement to ensure that such
activities are coordinated with and enhance the research and
development activities supported by the Office; and
``(2) may include collaborative research activities which
are jointly funded and carried out by the Office of Bilingual
Education and Minority Language Affairs and the Office of
Educational Research and Improvement.
``(f) Data Collection.--The Secretary shall provide for the
continuation of data collection on limited-English-proficient
students as part of the data systems operated by the
Department.
``SEC. 7203. ACADEMIC EXCELLENCE AWARDS.
``(a) Awards.--The Secretary may make grants to, and enter
into contracts and cooperative agreements with, State and
local educational agencies, nonprofit organizations, and
institutions of higher education to promote the adoption and
implementation of bilingual education, special alternative
instruction programs, and professional development programs
that demonstrate great promise of assisting children and
youth of limited-English-proficiency to meet challenging
State standards.
``(b) Applications.--(1) An entity desiring to receive an
award under this section shall submit an application to the
Secretary in such form, at such time, and containing such
information and assurances as the Secretary may require.
``(2) The Secretary shall use a peer review process, using
effectiveness criteria that the Secretary shall establish, to
review applications under this section.
``(c) Use of Funds.--Funds under this section shall be used
to enhance the capacity of States and local education
agencies to provide high quality academic programs for
children and youth of limited-English-proficiency, which may
include--
``(1) completing the development of such programs;
``(2) professional development of staff participating in
bilingual education programs;
``(3) sharing strategies and materials; and
``(4) supporting professional networks.
``(d) Coordination.--Recipients of funds under this section
shall coordinate their activities with those carried out by
comprehensive technical assistance centers under title II of
this Act.
``SEC. 7204. STATE GRANT PROGRAM.
``(a) State Grant Program.--The Secretary is authorized to
make an award to a State educational agency that
demonstrates, to the satisfaction of the Secretary, that its
approved plan under title III of the Goals 2000: Educate
America Act, if such plan exists, or, if such plan does not
exist, its plan under title I of this Act, effectively
provides for the education of children and youth of limited-
English-proficiency within the State.
``(b) Payments.--The amount paid to a State educational
agency under subsection (a) shall not be less than $100,000
nor greater than 5 percent of the total amount awarded to
local educational agencies within the State under part A of
this title for the previous fiscal year.
``(c) Use of Funds.--(1) A State educational agency shall
use funds for programs authorized by this section to--
``(A) assist local educational agencies in the State with
program design, capacity building, assessment of student
performance, and program evaluation; and
``(B) collect data on the State's language-minority and
limited English-proficient populations and the educational
programs and services available to these populations.
``(2) The State educational agency may also use funds for
the training of State educational agency personnel in
educational issues affecting limited-English-proficient
children and youth.
``(3) Recipients of awards under this section shall not
restrict the provision of services under this section to
federally-funded programs.
``(d) State Consultation.--A State educational agency
receiving funds under this section shall consult with
recipients of grants under this title and other individuals
or organizations involved in the development or operation of
programs serving limited-English-proficient children or youth
to ensure that funds are used in a manner consistent with the
requirements of this title.
``(e) Applications.--A State educational agency desiring to
receive an award under this section shall submit an
application to the Secretary in such form, at such time,
containing such information and assurances as the Secretary
may require.
``(f) Supplement Not Supplant.--Funds made available under
this section for any fiscal year shall be used by the State
educational agency to supplement and, to the extent
practical, to increase to level of funds that would, in the
absence of such funds, be made available by the State for the
purposes described in this section, and in no case to
supplant such funds.
``(g) Report to the Secretary.--State educational agencies
receiving grants under this section shall provide for the
annual submission of a summary report to the Secretary
containing information on such matters as the Secretary
shall, by regulation, determine necessary and proper to
achieve the purposes of this title, including information on
State capacity and progress in meeting the education needs of
all limited-English-proficient children, plans for additional
action, the effect of standards and assessments in improving
their education. Such reports shall be in such form and shall
be submitted on such date as the Secretary shall specify by
regulation.
``SEC. 7205. NATIONAL CLEARINGHOUSE FOR BILINGUAL EDUCATION.
``(a) Establishment.--The Secretary shall establish and
support the operation of a National Clearinghouse for
Bilingual Education, which shall collect, analyze,
synthesize, and disseminate information about bilingual
education and related programs.
``(b) Functions.--The National Clearinghouse for Bilingual
Education shall--
``(1) be administered as an adjunct clearinghouse of the
ERIC system of clearinghouses supported by the Office of
Educational Research and Improvement;
``(2) coordinate its activities with Federal data and
information clearinghouses and dissemination networks and
systems; and
``(3) develop a data base management and monitoring system
for improving the operation and effectiveness of funded
programs.
``SEC. 7206. INSTRUCTIONAL MATERIALS DEVELOPMENT.
``The Secretary may provide grants for the development,
publication and dissemination of high quality instructional
materials in Native American, Native Hawaiian and other
languages for which instructional materials are not readily
available. The Secretary shall give priority to the
development of instructional materials in languages
indigenous to the United States, its territories, and freely
associated nations. The Secretary shall also accord priority
to applications which provide for developing and evaluating
materials in collaboration with activities under parts A and
C of this title and which are consistent with national and
State content standards.
``SEC. 7207. EVALUATION ASSISTANCE CENTERS AND
MULTIFUNCTIONAL RESOURCE CENTERS.
``(a) Transition.--The Secretary shall extend grants or
contracts for Evaluation Assistance Centers and
Multifunctional Resource Centers that are in effect on the
date of enactment of the Improving America's School Act
through fiscal year 1996.
``(b) Continuity of Services.--(1) The Secretary shall
ensure that the comprehensive regional technical assistance
centers authorized under title II of this Act provide
services which are at least equal in volume, scope, and
quality to those provided by Evaluation Assistance Centers
and Multifunctional Resource Centers.
``(2) The Secretary shall ensure that the comprehensive
regional technical assistance centers authorized under title
II of this Act, as amended by the Improving America's School
Act, provide services which enable children and youth of
limited-English-proficiency to meet challenging State and
National standards.
[[Page 456]]
``(3) The Secretary shall ensure that the comprehensive
technical assistance centers authorized under title II of
this Act are established with consideration given to the
geographic and linguistic distribution of children and youth
of limited-English-proficiency.
``(c) Gifts, Bequests, and Devises.--The entities may
accept (but not solicit), use, and dispose of gifts,
bequests, or devises of services or property, both real and
personal for the purpose of aiding or facilitating the work
of entities under this section. Gifts, bequests, or devises
of money and proceeds from sales of other property received
as gifts, bequests or devises shall be deposited in the
Treasury and shall be available for disbursement upon order
of the national clearinghouse on bilingual education, the
Evaluation and Assistance Center or Multifunctional Resource
Center, respectively.
``PART C--BILINGUAL EDUCATION TEACHER TRAINING
``SEC. 7301. PURPOSE.
``The purpose of this part is to assist in preparing
educators to improve the delivery of educational services to
language-minority and limited-English-proficient children and
youth. This part supports the training of all educational
personnel to serve more effectively limited-English-
proficient students. The goal of this part is to provide for
the training of not less than 50,000 teachers who meet
professional preparation and certification standards for
bilingual education teachers by the year 2000.
``SEC. 7302. TRAINING FOR ALL TEACHERS PROGRAM.
``(a) Purpose.--The purpose of this section is to provide
for the incorporation of courses and curricula on appropriate
and effective instructional and assessment methodologies,
strategies and resources specific to limited-English-
proficient and language-minority students into education
personnel preparation programs for teachers, counselors,
administrators and other education personnel.
``(b) Authorization.--The Secretary shall award grants for
up to 5 years to institutions of higher education, local
educational agencies, and State educational agencies or to
nonprofit organizations which have entered into consortia
arrangements with one of such institutions, agencies, or
organizations.
``(c) Permissible Activities.--Activities conducted under
this section may include the development of training programs
in collaboration with training under titles I and II of this
Act, the Head Start Act, and other relevant programs.
``(d) Priority.--The Secretary shall give priority to
applications from institutions of higher education which
currently operate, with full-time tenured faculty, programs
to prepare educators and administrators to work with
language-minority and limited-English-proficient students in
bilingual education settings and from institutions of higher
education which are attempting to start bilingual teacher
training programs if such institutions demonstrate a
significant commitment in financial and human resources,
including cash and in-kind. The Secretary shall give special
consideration to applications for such programs which provide
training of secondary school teachers or early childhood
development teachers. Such special consideration would not
disallow the funding of applications for exemplary programs
for the training of elementary school teachers.
``SEC. 7303. BILINGUAL EDUCATION TEACHERS AND PERSONNEL
GRANTS.
``(a) Purpose.--The purpose of this section is to provide
for degree programs to prepare new bilingual education
teachers, administrators, counselors, and other educational
personnel to meet high professional standards for bilingual
education teachers and to increase the availability of
educators to provide high quality education limited-English-
proficient students.
``(b) Authorization.--The Secretary shall award grants for
up to 5 years to institutions of higher education in
consortia with local or State educational agencies.
``SEC. 7304. BILINGUAL EDUCATION CAREER LADDER PROGRAM.
``(a) Purpose.--The purpose of this section is to upgrade
the qualifications and skills of non-certified educational
personnel, especially educational paraprofessionals, to meet
high professional standards, including certification and
licensure as bilingual education teachers and other
educational personnel who serve limited-English-proficient
students, through collaborative training programs operated by
institutions of higher education and local and State
educational agencies. Grants for programs under this section
may also provide for collaborative programs operated by
institutions of higher education and secondary schools which
are designed to recruit and train secondary school students
as bilingual education teachers and other educational
personnel to serve limited-English-proficient students.
``(b) Authorization.--The Secretary shall award grants of
up to 5 years for bilingual education career ladder programs
to institutions of higher education applying in consortia
with local or State educational agencies; consortia may
include community-based organizations or professional
education organizations.
``(c) Activities.--Grants funded under this section may--
``(1) include the development of bilingual education career
ladder program curricula appropriate to the needs of the
consortium participants;
``(2) provide assistance for stipends and costs related to
tuition, fees and books for enrolling in courses required to
complete degree and certification requirements as bilingual
education teachers; and
``(3) include programs to introduce secondary school
students to careers in bilingual education teaching that are
coordinated with other activities under this program.
``(d) Special Consideration.--The Secretary shall give
special consideration to applications under this section
which provide for--
``(1) participant completion of baccalaureate and masters
degree teacher education programs, certification and may
include effective employment placement activities;
``(2) development of teacher proficiency in English and a
second language, including required demonstration of
proficiency in the instructional use of English and a second
language in classroom contexts;
``(3) coordination with Trio, the Teacher Corps, National
Community and Service Trust Act, Mini Corps, and other
programs for the recruitment and retention of bilingual
students in secondary and post-secondary programs to train as
bilingual educators; and
``(4) the applicant's contribution of additional student
financial aid to participating students.
``SEC. 7305. GRADUATE FELLOWSHIPS IN BILINGUAL EDUCATION
PROGRAM.
``(a) Authorization.--The Secretary may award fellowships
for masters, doctoral, and post-doctoral study related to
instruction of children and youth of limited-English-
proficiency in such areas as teacher training, program
administration, research and evaluation, and curriculum
development, and for the support of dissertation research
related to such study. For fiscal year 1994 not less than 500
fellowships leading to a masters or doctorate degree shall be
awarded under this section, rising each subsequent year of
this authorization by not less than 50. The Secretary shall
include information on the operation and the number of
fellowships awarded under the fellowship program in the
report required under section 7401 of this title.
``(b) Fellowship Requirements.--(1) Any person receiving a
fellowship under this section shall agree to--
``(A) work in an activity related to the program or in an
activity such as those authorized under this title, including
work as a bilingual education teacher, for a period of time
equivalent to the period of time during which such person
receives assistance under this title; or
``(B) repay such assistance.
``(2) The Secretary shall establish in regulations such
terms and conditions for such agreement as the Secretary
deems reasonable and necessary and may waive the requirement
of paragraph (1) in extraordinary circumstances.
``(c) The Secretary may give priority to institutions of
higher education that demonstrate experience in assisting
fellowship recipients find employment in the field of
bilingual education.
``SEC. 7306. APPLICATIONS.
``(a) In General.--Each applicant or consortium that
desires to receive a grant under this part shall submit an
application to the Secretary and the State educational agency
or State board for higher education as appropriate, at such
time and in such manner as the Secretary shall prescribe. The
application shall demonstrate integration, where appropriate,
with the State and local plans, if such plans exist, for
serving limited-English-proficient students. The State and
local educational agency, and where applicable the State
board for higher education, may comment in writing on the
application indicating how the application furthers State
education reform activities, including the provision of
appropriate high quality education to all language minority
students. If the State educational agency or State Board for
Higher Education submits comments on any application, it
shall submit comments on all. The Secretary shall take any
written comments that have been made into consideration when
considering applications under this part.
``(b) Eligible Entities.--
``(1) A grant may be made under this part upon application
of an institution of higher education, applying individually
or jointly with one or more local educational agencies,
nonprofit organizations, or State educational agencies.
``(2) The Secretary shall provide for outreach and
technical assistance to institutions of higher education
eligible under title III of the Higher Education Act and
institutions of higher education that are operated or funded
by the Bureau of Indian Affairs to facilitate their
participation in activities under this part.
``(3) In making grants under this part, the Secretary
shall, consistent with subsection (d), ensure adequate
representation of Hispanic serving institutions that
demonstrate competence and experience in the programs and
activities authorized under this title and are otherwise
qualified.
``(c) Application Requirements For Bilingual Teacher
Training Programs.--The application shall demonstrate
integration, where appropriate, with the State plan, if one
exists, for serving limited-English-proficient students.
``(d) Preference in Assistance and Purpose of Training.--
``(1) In making a grant under this part the Secretary shall
give preference to programs which--
[[Page 457]]
``(A) include tenured faculty in bilingual education, and
``(B) and for institutions of higher education which are
attempting to start bilingual teacher training programs if
such institutions demonstrate a significant commitment in
financial and human resources, including cash and in-kind.
``(C) provide additional resources for such training from
other sources.
``(2) In making grants under sections 7302, 7303 and 7304,
the Secretary shall give special consideration to programs
that ensure that individuals completing such programs
demonstrate proficiency in English and a second language.
``SEC. 7307. PROGRAM REQUIREMENTS.
``Activities conducted under this part shall assist
educational personnel in meeting State and local
certification requirements for bilingual education and,
wherever possible, shall award college or university credit.
``SEC. 7308. STIPENDS.
``The Secretary shall provide for the payment of such
stipends (including allowances for subsistence and other
expenses for such persons and their dependents), as the
Secretary determines to be appropriate, to persons
participating in training programs under this part.
``SEC. 7309. PROGRAM EVALUATIONS UNDER PART C.
Each recipient of funds under part C of this title shall
provide the Secretary with an evaluation of its program every
two years. Such evaluation shall include data on--
``(1) post-program placement of persons trained;
``(2) how the training relates to the employment of persons
served by the program;
``(3) program completion; and
``(4) such other information as the Secretary may require.
``PART D--ADMINISTRATION
``SEC. 7401. OFFICE OF BILINGUAL EDUCATION AND MINORITY
LANGUAGE AFFAIRS.
``(a) Establishment.--There shall be, in the Department of
Education, an Office of Bilingual Education and Minority
Languages Affairs through which the Secretary shall carry out
functions relating to bilingual education.
``(b) Director.--(1) The Office shall be headed by a
Director of Bilingual Education and Minority Languages
Affairs, appointed by the Secretary, to whom the Secretary
shall delegate all delegable functions relating to bilingual
education. The Director shall also be assigned responsibility
for recommending improvements and providing technical
assistance to other Federal programs serving language-
minority and limited-English-proficient students and their
families and for assisting the Assistant Secretary of the
Office of Educational Research and Improvement in identifying
research priorities which reflect the needs of language-
minority and limited-English language proficient students.
``(2) The Office shall be organized as the Director
determines to be appropriate in order to carry out such
functions and responsibilities effectively.
``(3) The Secretary shall ensure that limited-English-
proficient and language-minority students are included in
ways that are valid, reliable and fair under all standards
and assessment development conducted or funded by the
Department.
``(c) Report.--The Director shall prepare and, not later
than February 1 of every other year, shall submit to
Congress, the President, the Governors, and the clearinghouse
a report on--
``(1) the activities carried out under this title and their
effectiveness in improving the education provided to limited-
English-proficient children and youth;
``(2) a critical synthesis of data reported by the States
pursuant to section 7204;
``(3) an estimate of the number of certified bilingual
education personnel in the field and an estimate of the
number of bilingual education teachers which will be needed
for the succeeding 5 fiscal years;
``(4) the major findings of research carried out under this
title; and
``(5) recommendations for further developing the capacity
of our Nation's schools to educate effectively limited-
English-proficient student.
``(d) Assessment of Gateway Education.--The Secretary shall
prepare a report on the education of all students who reside
near the United States border with Canada and Mexico or areas
or communities which serve as a gateway for immigrants to the
United States. Gateway communities shall include Hawaii, the
Commonwealth of Puerto Rico, as well as the territories and
freely associated nations. The report shall identify trends
in student and out-of-school youth immigration trends,
appropriate procedures for the international transfer of
records, the language proficiency of students living in
border and gateway areas, and opportunities for teacher
exchange. Such efforts shall be coordinated with other
ongoing efforts in this area. A preliminary report on these
issues shall be provided to the Congress not later than 2
years after the enactment of this Act. The final report
including policy proposals for improvements in these areas
shall be provided to Congress and the President not later
than October 21, 1997.
``(e) Coordination With Related Programs.--In order to
maximize Federal efforts aimed at serving the educational
needs of children and youth of limited-English proficiency,
the Secretary shall coordinate and ensure close cooperation
with other programs serving language-minority and limited-
English-proficient students that are administered by the
Department of Education and other agencies. The Secretary
shall consult with the Secretary of Labor, the Secretary of
Health and Human Services, the Secretary of Agriculture,
Attorney General and other relevant agencies to identify and
eliminate barriers to appropriate coordination of programs
that affect language-minority and limited-English-proficient
students and their families. The Secretary shall provide for
continuing consultation and collaboration between Office and
relevant programs operated by the Department, including title
I and other programs in this Act, in planning, contracts,
providing joint technical assistance, providing joint field
monitoring activities and in other relevant activities to
ensure effective program coordination to provide high quality
education opportunities to all language-minority and limited-
English-proficient students. In no case shall such
coordination at the local, State or Federal level permit
funds under this title to be used in programs that do not
provide bilingual education or special alternative
instructional programs for the instruction of language-
minority or limited-English-proficient students.
``(f) The Secretary shall, to the extent feasible, ensure
that all data collected shall include for the collection and
reporting of data on limited-English-proficient students in
all Departmental data keeping and with respect to all Federal
education programs.
``(g) Staffing Requirements.--The Secretary shall ensure
that the Office of Bilingual Education and Minority Language
Affairs is staffed with sufficient personnel trained or with
experience in bilingual education to discharge effectively
the provisions of this title.
``(1) Notwithstanding section 403 of the Department of
Education Organization Act, the Assistant Secretary may
appoint not more than 7 additional employees to serve as
staff without regard to the provisions of title 5, United
States Code, governing appointments in the competitive
service.
``(2) The employees appointed under paragraph (1) may be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, but shall not
be paid a rate that exceeds the minimum rate of basic pay
payable for GS-15 of the General Schedule.
``(h) Reading Applications.--For the purpose of reading
applications for competitive grants authorized under this
title, the Secretary shall use persons who are not employees
of the Federal Government and who are experienced and
involved in bilingual education including teachers,
researchers, and administrators of educational programs
similar to those assisted under this title. Readers of
applications for grants involving conservation of Indian
languages and other indigenous language which are subject to
loss shall include individuals with expertise in such
programs. The Secretary shall solicit nominations for
application readers from State directors of bilingual
education, graduate programs of bilingual education, tribal
organizations and professional associations and shall have
readers serve for a period of 3 years.
``(i) Publication of Proposals.--The Secretary shall
publish and disseminate all requests for proposals for
programs funded under this title.
``SEC. 7402. RELEASE TIME.
``Professional development programs funded under this Act
shall permit use of funds for professional release time to
enable participation in programs assisted under this part.
``SEC. 7403. EDUCATION TECHNOLOGY.
``Funds available under this Act may be used to provide for
the acquisition or development of education technology or
instructional materials, including authentic materials in
languages other than English, access to and participation in
electronic networks for materials, training and
communications, and incorporation of such resources in
curricula and programs such as those funded under this title.
``SEC. 7404. NOTIFICATION.
``The State educational agency, when applicable, the State
Board for postsecondary education, when applicable, the
clearinghouse, the applicable Evaluation and Assistance
Center and Multifunctional Resource Center shall be notified
within three working days of the date a grant is made to an
eligible entity within the State.
``SEC. 7405. CONTINUED ELIGIBILITY.
``Entities receiving grants under this title shall remain
eligible for grants for subsequent activities which extend or
expand and do not duplicate those activities supported by a
previous grant under this title. In considering applications
for grants under this title the Secretary shall take into
consideration the applicant's record of accomplishments under
previous grants.
``SEC. 7406. LIMITATION OF AUTHORITY.
``The Secretary shall not impose restrictions on the
availability of funds authorized under this title other than
those set out in this title or other applicable Federal
statutes and regulations.
``PART E--TRANSITION
``SEC. 7501. TRANSITION PROVISIONS.
``Any grant or contract awarded under this title prior to
the date of the enactment of the Improving America's Schools
Act of 1994 shall be allowed to continue the term of the
[[Page 458]]
original award in accordance with the conditions of the
original award but not for a period in excess of 3 years from
the date of the grant or contract.
``PART F--EMERGENCY IMMIGRANT EDUCATION PROGRAM
``SEC. 7601. PURPOSE.
``The purpose of this part is to assist eligible local
educational agencies that experience unexpectedly large
increases in their student population due to immigration to--
``(1) provide high-quality instruction to immigrant
children and youth; and
``(2) help such children and youth--
``(A) with their transition into American society; and
``(B) meet the same challenging State performance standards
expected of all children and youth.
``SEC. 7602. STATE ADMINISTRATIVE COSTS.
``For any fiscal year, a State educational agency may
reserve up to 1.5 percent of the amount allocated to it under
section 7604 to pay the costs of performing its
administrative functions under this part.
``SEC. 7603. WITHHOLDING.
``Whenever the Secretary, after reasonable notice and
opportunity for a hearing to any State educational agency,
finds that there is a failure to meet the requirement of any
provision of this part, the Secretary shall notify that
agency that further payments will not be made to the agency
under this part, or in the discretion of the Secretary, that
the State educational agency shall not make further payments
under this part to specified local educational agencies whose
actions cause or are involved in such failure until the
Secretary is satisfied that there is no longer any such
failure to comply. Until the Secretary is so satisfied, no
further payments shall be made to the State educational
agency under this part, or payments by the State educational
agency under this part shall be limited to local educational
agencies whose actions did not cause or were not involved in
the failure, as the case may be.
``SEC. 7604. STATE ALLOCATIONS.
``(a) Payments.--The Secretary shall, in accordance with
the provisions of this section, make payments to State
educational agencies for each of the fiscal years 1995
through 1999 for the purpose set forth in section 7601.
``(b) Allocations.--(1) Except as provided in subsections
(c) and (d) of this section, of the amount appropriated for
each fiscal year for this part, each State participating in
this program shall receive a share equal to the proportion of
its number of immigrant children and youth who are enrolled
in elementary and secondary public schools under the
jurisdiction of each local educational agency described in
paragraph (2) within that State, and in elementary and
secondary nonpublic schools within the district served by
each such local educational agency, relative to the total
number of immigrant children and youth so enrolled in all the
States participating in this program.
``(2) The local educational agencies referred to in
paragraph (1) are those local educational agencies in which
the sum of the number of immigrant children and youth who are
enrolled in elementary or secondary public schools under the
jurisdiction of such agencies, and in elementary or secondary
nonpublic schools within the districts served by such
agencies, during the fiscal year for which the payments are
to be made under this part, is equal to--
``(A) at least 500; or
``(B) at least 3 percent of the total number of students
enrolled in such public or nonpublic schools during such
fiscal year;
whichever number is less.
``(c) Determinations of Number of Children and Youth.--(1)
Determinations by the Secretary under this section for any
period with respect to the number of immigrant children and
youth shall be made on the basis of data or estimates
provided to the Secretary by each State educational agency in
accordance with criteria established by the Secretary, unless
the Secretary determines, after notice and opportunity for a
hearing to the affected State educational agency, that such
data or estimate are clearly erroneous.
``(2) No such determination with respect to the number of
immigrant children and youth shall operate because of an
underestimate or overestimate to deprive any State
educational agency of the allocation under this section that
such agency would otherwise have received had such
determination been made on the basis of accurate data.
``(d) Reallocation.--Whenever the Secretary determines that
any amount of a payment made to a State under this part for a
fiscal year will not be used by such State for carrying out
the purpose for which the payment was made, the Secretary
shall make such amount available for carrying out such
purpose to one or more other States to the extent the
Secretary determines that such other States will be able to
use such additional amount of carrying out such purpose. Any
amount made available to a State from any appropriation for a
fiscal year in accordance with the preceding sentence shall,
for purposes of this part, be regarded as part of such
State's payment (as determined under subsection (b)) for such
year, but shall remain available until the end of the
succeeding fiscal year.
``(e) Reservation of Funds.--(1) If appropriations under
this part exceed $40,000,000 for a fiscal year, a State
educational agency may reserve up to 20 percent of its
payment for redistribution through competitive grants to
local educational agencies within the State in the following
manner:
``(A) At least one-half of such grants shall be made to
local educational agencies within the State with the highest
numbers and percentages of immigrant children and youth.
``(B) Remaining funds shall be distributed to local
educational agencies within the State with a sudden influx of
immigrant children and youth which are otherwise not eligible
for assistance under this part.
``(2) Local educational agencies with the highest number of
immigrant children and youth receiving additional funds under
this subsection may make information available on serving
immigrant children and youth to areas in the State with
sparse numbers of such children.
``SEC. 7605. STATE APPLICATIONS.
``(a) Submission.--No State educational agency shall
receive any payment under this part for any fiscal year
unless such agency submits an application to the Secretary at
such time, in such manner, and containing or accompanied by
such information, as the Secretary may reasonably require.
Each such application shall--
``(1) provide that the educational programs, services, and
activities for which payments under this part are made will
be administered by or under the supervision of the agency;
``(2) provide assurances that payments under this part will
be used for purposes set forth in section 7601, including a
description of how local educational agencies receiving funds
under this part will use such funds to meet such purposes,
and how the program designs are consistent with other
education improvement plans, including any developed under
Goals 2000: Educate America Act, if such plan exists, or
title I;
``(3) provide assurances that such payments, with the
exception of payments reserved under section 7604(e), will be
distributed among local educational agencies within that
State on the basis of the number of immigrant children and
youth counted with respect to each such local educational
agency under section 7604(b)(1);
``(4) provide assurances that the State educational agency
will not finally disapprove in whole or in part any
application for funds received under this part without first
affording the local educational agency submitting an
application for such funds reasonable notice and opportunity
for a hearing;
``(5) provide for making such reports as the Secretary may
reasonably require to perform the functions under this part;
``(6) provide assurances--
``(A) that to the extent consistent with the number of
immigrant children and youth enrolled in the elementary or
secondary nonpublic schools within the district served by a
local educational agency, such agency, after consultation
with appropriate officials of such schools, shall provide for
the benefit of these children and youth secular, neutral, and
nonideological services, materials, and equipment necessary
for the education of such children and youth;
``(B) that the control of funds provided under this part
and title to any materials, equipment, and property repaired,
remodeled, or constructed with those funds shall be in a
public agency for the uses and purposes provided in this
part, and a public agency shall administer such funds and
property; and
``(C) that the provision of services pursuant to this
paragraph shall be provided by employees of a public agency
or through contract by such public agency with a person,
association, agency, or corporation who or which, in the
provision of such services, is independent of such elementary
or secondary nonpublic school and of any religious
organization; and such employment or contract shall be under
the control and supervision of such public agency, and the
funds provided under this paragraph shall not be commingled
with State or local funds;
``(7) provide that funds reserved under subsection (e) of
section 7604 be awarded on the basis of merit and need
consistent with such subsection; and
``(8) provide an assurance that State and local educational
agencies receiving funds under this part will comply with the
requirements of section 1121(b).
``SEC. 7606. PAYMENTS.
``(a) Amount.--The Secretary shall pay by not later than
June 1 of each year to each State educational agency that has
its application approved under section 7605 the amount of the
State's allocation as determined under section 7604.
``(b) Services to Children Enrolled in Nonpublic Schools.--
If by reason of any provision of law a local educational
agency is prohibited from providing educational services for
children enrolled in elementary and secondary nonpublic
schools, as required by section 7605(a)(6), or if the
Secretary determines that a local educational agency has
substantially failed or is unwilling to provide for the
participation on an equitable basis of children enrolled in
such schools, the Secretary may waive such requirement and
shall arrange for the provision of services to such children
through arrangements which shall be subject to the
requirements of this part. Such waivers shall be subject to
consultation, withholding, notice, and judicial review
requirements in accordance with the provisions of title I.
``SEC. 7607. USES OF FUNDS.
``(a) Use of Funds.--Funds awarded under this part shall be
used to pay for enhanced instructional opportunities for
immigrant children and youth, which may include--
[[Page 459]]
``(1) family literacy, parent outreach, and training
activities designed to assist parents to become active
participants in the education of their children;
``(2) salaries of personnel, including teacher aides who
have been specifically trained, or are being trained, to
provide services to immigrant children and youth;
``(3) tutorials, mentoring, and academic or career
counseling for immigrant children and youth;
``(4) identification and acquisition of curricular
materials, educational software, and technologies to be used
in the program; and
``(5) such other activities, related to the purposes of
this part, as the Secretary may authorize.
``(b) Consortia.--A local educational agency that receives
a grant under this part may collaborate or form a consortium
with one or more local educational agencies, institutions of
higher education, and non-profit organizations to carry out
the approved program.
``(c) Subgrants.--A local educational agency that receives
a grant under this part may, with the approval of the
Secretary, make a subgrant to, or enter into a contract with,
an institution of higher education, a non-profit
organization, or a consortium of such entities to carry out
an approved program, including a program to serve out-of-
school youth.
``SEC. 7608. REPORTS.
``(a) Triennial Report.--Each State educational agency
receiving funds under this part shall submit, once every 3
years, a report to the Secretary concerning the expenditure
of funds by local educational agencies under this part. Each
local educational agency receiving funds under this part
shall submit to the State educational agency such information
as may be necessary for such report.
``(b) Report to Congress.--The Secretary shall submit, once
every 3 years, a report to the appropriate committees of the
Congress concerning programs under this part.
``SEC. 7609. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out the provisions of this
part, there are authorized to be appropriated $40,000,000 in
fiscal year 1995, and such sums as may be necessary for each
of the fiscal years 1996, 1997, 1998, and 1999.
``TITLE VIII--IMPACT AID
``SEC. 8001. FINDINGS.
``The Congress finds that--
``(1) certain activities of the Federal Government place a
financial burden on the local educational agencies serving
areas where such activities are carried out; and
``(2) it is the shared responsibility of the Federal
Government, the States, and local educational agencies to
provide for the education of children connected to those
activities.
``SEC. 8002. PURPOSE.
``In order to fulfill the Federal responsibility to assist
with the provision of educational services to federally
connected children, and to help them meet challenging State
standards, it is the purpose of this title to provide
financial assistance to local educational agencies that--
``(1) experience a substantial and continuing financial
burden due to the acquisition of real property by the United
States;
``(2) educate children who reside on Federal property and
whose parents are employed on Federal property;
``(3) educate children of parents who are in the military
services and children who live in low-rent housing;
``(4) experience sudden and substantial increases in
enrollments because of military realignments; or
``(5) need special assistance with capital expenditures for
construction activities because of the enrollments of
substantial numbers of children who reside on Indian lands.
``SEC. 8003. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL
PROPERTY.
``(a) In General.--Where the Secretary, after consultation
with any local educational agency and with the appropriate
State educational agency, determines for a fiscal year ending
prior to October 1, 1999--
``(1) that the United States owns Federal property in the
local educational agency, and that such property--
``(A) has been acquired by the United States since 1938;
``(B) was not acquired by exchange for other Federal
property in the local educational agency which the United
States owned before 1939; and
``(C) had an assessed value (determined as of the time or
times when so acquired) aggregating 10 percent or more of the
assessed value of all real property in the local educational
agency (similarly determined as of the time or times when
such Federal property was so acquired); and
``(2) that such agency is not being substantially
compensated for the loss in revenue resulting from such
ownership by increases in revenue accruing to the agency from
the conduct of Federal activities with respect to such
Federal property,
then such agency shall be paid the amount described in
subsection (b).
``(b) Amount.--
``(1) In general.--(A) The amount that a local educational
agency shall be paid under subsection (a) for a fiscal year
shall be calculated in accordance with paragraph (2), except
that such amount shall be reduced by the Secretary by an
amount equal to the amount of revenue, if any, that such
agency received from activities conducted on such property
during the previous fiscal year.
``(B) If funds appropriated under section 8014(a) are
insufficient to pay the amount determined under subparagraph
(A), the Secretary shall ratably reduce the payment to each
eligible local educational agency.
``(C) Notwithstanding any other provision of this
subsection, a local educational agency may not be paid an
amount under this section which exceeds the difference of--
``(i) the maximum amount that such agency is eligible to
receive for such fiscal year under section 8004(b)(1)(C); and
``(ii) the amount that such agency receives in such fiscal
year under section 8004(b)(2).
``(2) Application of current levied real property tax
rate.--In making a determination of the amount that would
have been derived in such year under paragraph (1)(A)(i), the
Secretary shall apply the current levied real property tax
rate for current expenditures levied by fiscally independent
local educational agencies or imputed, for fiscally dependent
local educational agencies, to the current annually
determined aggregate assessed value of such acquired Federal
property.
``(3) Determination of aggregate assessed value.--Such
aggregate assessed value of such acquired Federal property
shall be determined (on the basis of the highest and best use
of property adjacent to such acquired Federal property as of
the time such value is determined), and provided to the
Secretary, by the local official responsible for assessing
the value of real property located in the jurisdiction of
such local educational agency for the purpose of levying a
property tax.
``(c) Applicability to Tennessee Valley Authority Act.--For
the purposes of this section, any real property with respect
to which payments are being made under section 13 of the
Tennessee Valley Authority Act of 1933 shall not be regarded
as Federal property.
``(d) Ownership by United States.--The United States shall
be deemed to own Federal property for the purposes of this
Act, where--
``(1) prior to the transfer of Federal property, the United
States owned Federal property meeting the requirements of
subparagraphs (A), (B), and (C) of subsection (a)(1); and
``(2) the United States transfers a portion of the property
referred to in paragraph (1) to another nontaxable entity,
and the United States--
``(A) restricts some or any construction on such property;
``(B) requires that the property be used in perpetuity for
the public purposes for which it was conveyed;
``(C) requires the grantee of the property to report to the
Federal government (or its agent) containing information on
the use of the property;
``(D) except with the approval of the Federal government
(or its agent), prohibits the sale, lease, assignment, or
other disposal of the property unless such sale, lease,
assignment, or other disposal is to another eligible
government agency; and
``(E) reserves to the Federal government a right of
reversion at any time the Federal government (or its agent)
deems it necessary for the national defense.
``SEC. 8004. PAYMENTS FOR ELIGIBLE FEDERALLY-CONNECTED
CHILDREN.
``(a) Computation of Payment.--
``(1) In general.--For the purpose of computing the amount
that a local educational agency is eligible to receive under
subsection (b), (d), or (f) for any fiscal year, the
Secretary shall determine the number of children who were in
average daily attendance in the schools of such agency, and
for whom such agency provided free public education, during
the preceding school year and who, while in attendance at
such schools--
``(A) resided on Federal property with a parent employed on
Federal property situated in whole or in part within the
boundaries of the school district of such agency;
``(B) resided on Federal property and had a parent on
active duty in the uniformed services (as defined in section
101 of title 37, United States Code);
``(C) resided on Indian lands;
``(D) had a parent on active duty in the uniformed services
(as defined by section 101 of title 37, United States Code)
but did not reside on Federal property; or
``(E) resided in low-rent housing.
``(2) Determination of weighted student units.--For
purposes of computing the basic support payment under
subsection (b), the Secretary shall calculate the total
number of weighted student units for a local educational
agency by adding together the results obtained by the
following computations:
``(A) Multiply the number of children described in
subparagraphs (A) and (B) of paragraph (1) by a factor of
1.0.
``(B) Multiply the number of children described in
paragraph (1)(C) by a factor of 1.25.
``(C) Multiply the number of children described in
subparagraphs (A) and (B) of paragraph (1) by a factor of .35
if the local educational agency has--
``(i) a number of such children described in such
subparagraphs which exceeds 6,500; and
``(ii) an average daily attendance for all children which
exceeds 100,000.
``(D) Multiply the number of children described in
subparagraphs (D) and (E) of paragraph (1) by a factor of
.20.
``(b) Basic Support Payments and Payments With Respect to
Fiscal Years in Which Insufficient Funds Are Appropriated.--
``(1) Basic support payments.--
[[Page 460]]
``(A) In general.--From the amount appropriated under
section 8014(b) for a fiscal year, the Secretary is
authorized to make basic support payments to eligible local
educational agencies with children described under subsection
(a).
``(B) Eligibility.--A local educational agency shall be
entitled to receive a basic support payment under
subparagraph (A) for a fiscal year with respect to a number
of children determined under subsection (a) only if the
number of children so determined with respect to such agency
amounts to the lesser of--
``(i) at least 400 such children, or
``(ii) a number of such children which equals at least 3
percent of the total number of children who were in average
daily attendance, during such year, at the schools of such
agency and for whom such agency provided free public
education.
``(C) Maximum amount.--The maximum amount that a local
educational agency is eligible to receive under this
subsection for any fiscal year is the sum of the total
weighted student units, as computed under subsection (a)(2),
multiplied by--
``(i) the greater of--
``(I) one-half of the average per pupil expenditure of the
State in which the local educational agency is located for
the 3rd preceding fiscal year, or
``(II) one-half of the average per pupil expenditures of
all of the States for the 3rd preceding fiscal year;
``(ii) the comparable local contribution rate certified by
the State, as determined under regulations prescribed to
carry out the Act of September 30, 1950 (Public Law 874, 81st
Congress), as in effect on January 1, 1994; or
``(iii) the average per pupil expenditure of the State in
which the local educational agency is located, multiplied by
the local contribution percentage.
``(2) Payments with respect to fiscal years in which
insufficient funds are appropriated.--
``(A) In general.--For any fiscal year in which the sums
appropriated under section 8014(b) are insufficient to pay to
each local educational agency the full amount computed under
paragraph (1), the Secretary shall make payments based upon
the provisions of this paragraph.
``(B) Learning opportunity threshold payments.--(i) For
fiscal years described in subparagraph (A), the Secretary
shall compute a learning opportunity threshold payment
(hereinafter `threshold payment') by multiplying the amount
obtained under paragraph (1)(C) by the total percentage
obtained by adding--
``(I) the percentage of federally connected children for
each local educational agency determined by calculating the
fraction, the numerator of which is the total number of
children described under subsection (a)(1) and the
denominator of which is the total number of children in
average daily attendance at the schools served by such
agency; and
``(II) the percentage that funds under this paragraph
represent of the total budget of the local educational
agency, determined by calculating the fraction, the numerator
of which is the total amount of funds calculated for each
educational agency under this paragraph (not including
amounts received under subsection (f)), and the denominator
of which is the total current expenditures for such agency.
``(ii) Such total percentage used to calculate threshold
payments under paragraph (1) shall not exceed 100.
``(C) Ratable distribution.--For fiscal years described in
subparagraph (A), the Secretary shall make payments as a
ratable distribution based upon the computation made under
subparagraph (B).
``(c) Prior Year Data.--All calculations under this section
shall be based upon data for each local educational agency
from the fiscal year preceding the fiscal year for which the
agency is making application for payment.
``(d) Use of Funds for Children With Disabilities.--
``(1) In general.--From the amount appropriated under
section 8014(c) for a fiscal year, the Secretary shall pay to
each eligible local educational agency, on a pro rata basis,
the amounts determined by--
``(A) multiplying the number of children described in
subparagraphs (B) and (C) of subsection (a)(1) who are
eligible to receive services under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.) by a
factor of 1.0; and
``(B) multiplying the number of children described in
subparagraph (D) of subsection (a)(1) who are eligible to
receive services under such Act by a factor of .5.
``(2) Use of funds.--A local educational agency that
receives funds under paragraph (1) shall use such funds to
provide a free appropriate public education to children
described in paragraph (1) in accordance with the Individuals
with Disabilities Education Act.
``(e) Hold-Harmless Amounts.--
``(1) In general.--Notwithstanding any other provision of
this section, the total amount that the Secretary shall pay
to a local educational agency under subsections (b) and (f)--
``(A) for fiscal year 1995, shall not be less than 80
percent of the payment such agency received for fiscal year
1994 under section 3(a) of the Act of September 30 , 1950
(Public Law 81-874, 81st Congress), as in effect for fiscal
year 1994;
``(B) for fiscal year 1996, shall not be less than 60
percent of such payment received for fiscal year 1994; and
``(C) for fiscal year 1997, shall not be less than 40
percent of such payment received for fiscal year 1994.
``(2) Reduction in payments.--In order to make payments to
local educational agencies in accordance with paragraph (1),
the Secretary shall reduce payments to other local
educational agencies determined under subsection (b).
``(f) Additional Assistance for Heavily Impacted Local
Educational Agencies.--
``(1) Reservation.--From amounts appropriated under section
8014(d) for a fiscal year, the Secretary shall provide
additional assistance to meet special circumstances relating
to the provision of education in local educational agencies
eligible to receive assistance under this section.
``(2) Eligibility.--A local educational agency shall be
eligible to receive additional assistance under this
subsection only if such agency--
``(A)(i) has an enrollment of federally connected children
described in subsection (a)(1) which constitutes at least 40
percent of the total student enrollment of such agency; and
``(ii) has a tax rate for general fund purposes which is at
least 95 percent of the average tax rate for general fund
purposes of comparable local educational agencies in the
State;
``(B)(i) has an enrollment of federally connected children
described in subsection (a)(1) which constitutes at least 35
percent of the total student enrollment of such agency; and
``(ii) has a tax rate for general fund purposes which is at
least 125 percent of the average tax rate for general fund
purposes of comparable local educational agencies in the
State; or
``(C) is a local education agency whose boundaries are the
same as a Federal military installation or includes Federal
property under exclusive Federal jurisdiction.
``(3) Maximum payments.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall determine the maximum amount that a local
educational agency may receive under this subsection in
accordance with the following computations:
``(i) The Secretary shall first determine the greater of--
``(I) the average per pupil expenditure of the State in
which the local educational agency is located or the average
per pupil expenditure of all the States;
``(II) the average per pupil expenditure of generally
comparable school districts located in the State of the local
educational agency, as defined by the Secretary in
regulations; or
``(III) the average per pupil expenditure of three
generally comparable school districts located in the State of
the local educational agency, as defined by the Secretary in
regulations.
``(ii) The Secretary shall next subtract from the amount
determined under clause (i) the average amount of State aid
per pupil received by the local educational agency.
``(iii) The Secretary shall next multiply the amount
determined under clause (ii) by the sum of the total weighted
units of the local educational agency, as computed under
subsection (a)(2).
``(iv) If the tax rate of the local educational agency is
greater than 94 percent, but less than 100 percent, of the
tax rate of comparable school districts, the Secretary shall
next multiply the amount determined under clause (iii) by the
percentage that the tax rate of the local educational agency
is of--
``(I) the average tax rate of its generally comparable
school districts; or
``(II) the average tax rate of all the school districts in
the State in which the local educational agency is located.
``(v) The Secretary shall next subtract the total amount of
payments received by a local educational agency under
subsections (b) and (d) for a fiscal year from the amount
determined under clause (iii) or clause (iv), as the case may
be.
``(B) Special rule.--With respect to payments to local
educational agencies described in subparagraphs (B) and (C)
of paragraph (2), the maximum amount of such payments shall
be equal to the product of the average per pupil expenditure
of all the States multiplied by .7, except that such amount
may not exceed 125 percent of the average per pupil
expenditure of all local educational agencies in the State.
``(4) Current year data.--The Secretary shall, for purposes
of providing assistance under this subsection, use--
``(A) data from the fiscal year in which the local
educational agency is applying for assistance under this
subsection; or
``(B) the most recent data available which is adjusted to
such fiscal year.
``SEC. 8005. POLICIES AND PROCEDURES RELATING TO CHILDREN
RESIDING ON INDIAN LANDS.
``(a) In General.--A local educational agency that claims
children residing on Indian lands for the purpose of
receiving funds under section 8004 shall establish policies
and procedures to ensure that--
``(1) such children participate in programs and activities
supported by such funds on an equal basis with all other
children;
``(2) parents of such children and Indian tribes are
afforded an opportunity to present their views on such
programs and activities, including an opportunity to make
recommendations on the needs of those children and how they
may help those children realize the benefits of those
programs and activities;
[[Page 461]]
``(3) parents and Indian tribes are consulted and involved
in planning and developing such programs and activities;
``(4) relevant applications, evaluations, and program plans
are disseminated to the parents and Indian tribes; and
``(5) parents and Indian tribes are afforded an opportunity
to present their views on the agency's general educational
program to such agency.
``(b) Records.--A local educational agency that claims
children residing on Indian lands for the purpose of
receiving funds under section 8004 shall maintain records
demonstrating its compliance with requirements contained in
subsection (a).
``(c) Waiver.--A local educational agency that claims
children residing on Indian lands for the purpose of
receiving funds under section 8004 is excused from the
requirements contained in subsections (a) and (b) for any
year with respect to any Indian tribe from which it has
received a written statement that the agency need not comply
with those subsections because the tribe is satisfied with
the provision of educational services by such agency to such
children.
``(d) Technical Assistance and Enforcement.--The Secretary
shall--
``(1) provide technical assistance to local educational
agencies, parents, and Indian tribes to enable them to carry
out this section; and
``(2) enforce this section through such actions, which may
include the withholding of funds, as the Secretary determines
to be appropriate, after affording the affected local
educational agency, parents, and Indian tribe an opportunity
to present their views.
``SEC. 8006. APPLICATION FOR PAYMENTS UNDER SECTIONS 8003 AND
8004.
``(a) In General.--A local educational agency desiring to
receive a payment under section 8003 or 8004 shall--
``(1) submit an application for such payment to the
Secretary; and
``(2) provide a copy of such application to the State
educational agency.
``(b) Contents.--Each such application shall be submitted
in such form and manner, and shall contain such information,
as the Secretary may require, including--
``(1) information to determine the eligibility of the local
educational agency for a payment and the amount of such
payment; and
``(2) where applicable, an assurance that such agency is in
compliance with section 8005 (relating to children residing
on Indian lands).
``(c) Deadline for Submission.--The Secretaryshall
establish deadlines for the submission of applications under
this section.
``(d) Approval.--
``(1) In general.--The Secretary shall approve an
application submitted under this section that--
``(A) is filed by the deadline established under subsection
(c); and
``(B) otherwise meets the requirements of this title.
``(2) Reduction in payment.--The Secretary shall approve an
application filed up to 60 days after a deadline established
under subsection (c) that otherwise meets the requirements of
this title, except that, notwithstanding section 8004(e), the
Secretary shall reduce the payment based on such late
application by 10 percent of the amount that would otherwise
be paid.
``(3) Late applications.--The Secretary shall not accept or
approve any application that is filed more than 60 days after
a deadline established under subsection (c).
``SEC. 8007. PAYMENTS FOR SUDDEN AND SUBSTANTIAL INCREASES IN
ATTENDANCE OF MILITARY DEPENDENTS.
``(a) Eligibility.--A local educational agency is eligible
for a payment under this section if--
``(1) the number of children in average daily attendance
during the current school year is at least ten percent or 100
more than the number of children in average daily attendance
in the preceding school year; and
``(2) the number of children in average daily attendance
with a parent on active duty (as defined in section 101(18)
of title 37, United States Code) in the Armed Forces who are
in attendance at such agency because of the assignment of
their parent to a new duty station between July 1 and
September 30, inclusive, of the current year, as certified by
an appropriate local official of the Department of Defense,
is at least ten percent or 100 more than the number of
children in average daily attendance in the preceding school
year.
``(b) Application.--A local educational agency that wishes
to receive a payment under this section shall file an
application with the Secretary by October 15 of the current
school year, in such manner and containing such information
as the Secretary may prescribe, including information
demonstrating that it is eligible for such a payment.
``(c) Children To Be Counted.--For each eligible local
educational agency that applies for a payment under this
section, the Secretary shall determine the lesser of--
``(1) the increase in the number of children in average
daily attendance from the preceding year; and
``(2) the number of children described in subsection
(a)(2).
``(d) Payments.--From the amount appropriated for a fiscal
year under section 8014(c), the Secretary shall pay each
local educational agency with an approved application an
amount, not to exceed $200 per eligible child, equal to--
``(1) the amount available to carry out this section,
including any funds carried over from prior years, divided by
the number of children determined under subsection (c) for
all such local educational agencies; multiplied by
``(2) the number of such children determined for that local
educational agency.
``(e) Notification Process.--
``(1) Establishment.--The Secretary shall endeavor to
establish, with the Secretary of Defense, a notification
process relating to the closure of Department of Defense
facilities, or the adjustment of personnel levels assigned to
such facilities, which may substantially affect the student
enrollment levels of local educational agencies which receive
or may receive payments under this title.
``(2) Information.--Such process shall provide timely
information regarding such closures and such adjustments--
``(A) by the Secretary of Defense to the Secretary; and
``(B) by the Secretary to the affected local educational
agencies.
``SEC. 8008. PAYMENTS FOR CONSTRUCTION.
``(a) Payments Authorized.--From the amount appropriated
for each fiscal year under section 8014(d), the Secretary
shall make payments to each local educational agency--
``(1) that receives a basic payment under section 8004(b);
and
``(2) in which the number of children determined under
section 8004(a) who resided on Indian lands constituted at
least 50 percent of the number of children who were in
average daily attendance in the schools of such agency during
the preceding school year.
``(b) Amount of Payments.--The amount of a payment to each
agency described in paragraph (2) of subsection (a) shall be
equal to--
``(1) the amount appropriated under section 8014(d);
divided by
``(2) the number of children determined under section
8004(a) for all such agencies, but not including any children
attending a school assisted or provided by the Secretary
under section 8009 or section 10 of the Act of September 23,
1950 (Public Law 815, 81st Congress; 20 U.S.C. 640) as in
effect prior to the date of the enactment of the Improving
America's Schools Act of 1994; multiplied by
``(3) the number of such children determined for such
agency.
``(c) Use of Funds.--Any local educational agency that
receives funds under this section shall use such funds for
construction, as defined in section 8013(3) of this title.
``SEC. 8009. FACILITIES.
``(a) Current Facilities.--From the amount appropriated for
any fiscal year under section 8014(e), the Secretary may
continue to provide assistance for school facilities that
were supported by the Secretary under section 10 of the Act
of September 23, 1950 (Public Law 815, 81st Congress; 20
U.S.C. 640) as in effect prior to the date of the enactment
of the Improving America's Schools Act of 1994.
``(b) Transfer of Facilities.--
``(1) In general.--The Secretary shall, as soon as
practicable, transfer to the appropriate local educational
agency or another appropriate entity all the right, title,
and interest of the United States in and to each facility
provided under section 10 of the Act of September 23, 1950
(Public Law 815, 81st Congress; 20 U.S.C. 640), or under
section 204 or 310 of the Act of September 30, 1950 (Public
Law 874, 81st Congress), as in effect on January 1, 1958.
``(2) Other requirements.--Any such transfer shall be
without charge to such agency or entity, and prior to such
transfer, the transfer must be consented to by the local
education agency or other appropriate entity, and may be made
on such terms and conditions as the Secretary deems
appropriate to carry out the purposes of this Act.
``SEC. 8010. STATE CONSIDERATION OF PAYMENTS IN PROVIDING
STATE AID.
``(a) General Prohibition.--Except as provided in
subsection (b), a State may not--
``(1) consider payments under this title or under the Act
of September 30, 1950 (Public Law 874, 81st Congress) in
determining for any fiscal year--
``(A) the eligibility of a local educational agency for
State aid for free public education; or
``(B) the amount of such aid; or
``(2) make such aid available to local educational agencies
in a manner that results in less State aid to any local
educational agency that is eligible for such payment than it
would receive if it were not so eligible.
``(b) State Equalization Plans.--
``(1) In general.--A State may reduce State aid to a local
educational agency that receives a payment under sections
8003 and 8004(a) (except the amount calculated in excess of
1.0 under subparagraph (B) of subsection (a)(2)) or under the
Act of September 30, 1950 (Public Law 874, 81st Congress) as
such Act existed prior to the enactment of the Improving
America's Schools Act of 1994 (other than an increase in
payments described in paragraphs (2)(B), (2)(C), (2)(D), or
(3)(B)(ii) of section 3(d) of such Act of September 30, 1950)
for any fiscal year if the Secretary determines, and
certifies under subsection (c)(3)(A), that such State has in
effect a program of State aid that equalizes expenditures for
free public education among local educational agencies in
such State.
[[Page 462]]
``(2) Computation.--
``(A) In general.--For purposes of paragraph (1), a program
of State aid equalizes expenditures among local educational
agencies if, in the second preceding fiscal year, the amount
of per-pupil expenditures made by, or per-pupil revenues
available to, the local educational agency in the State with
the highest such per-pupil expenditures or revenues did not
exceed the amount of such per-pupil expenditures made by, or
per-pupil revenues available to, the local educational agency
in the State with the lowest such expenditures or revenues by
more than 10 percent.
``(B) Other factors.--In making a determination under this
subsection, the Secretary shall--
``(i) disregard local educational agencies with per-pupil
expenditures or revenues above the 95th percentile or below
the 5th percentile of such expenditures or revenues in the
State; and
``(ii) take into account the extent to which a program of
State aid reflects the additional cost of providing free
public education in particular types of local educational
agencies, such as those that are geographically isolated, or
to particular types of students, such as children with
disabilities.
``(3) Exception.--Notwithstanding paragraph (2), if the
Secretary determines that the State has substantially revised
its program of State aid, the Secretary may certify such
program for any fiscal year only if--
``(A) the Secretary determines, on the basis of projected
data, that the State's program will meet the 10 percent
disparity standard described in paragraph (2) in that fiscal
year; and
``(B) the State provides an assurance to the Secretary
that, if final data do not demonstrate that the State's
program met such standard for that year (or that it met such
standard with a greater percentage of disparity than
anticipated), the State will pay to each affected local
educational agency the amount by which it reduced State aid
to the local educational agency on the basis of such
certification, or a proportionate share thereof, as the case
may be.
``(c) Procedures For Review of State Equalization Plans.--
``(1) Written notice.--
``(A) In general.--Any State that wishes to consider
payments described in subsection (b)(1) in providing State
aid to local educational agencies shall submit to the
Secretary, not later than 120 days before the beginning of
the State's fiscal year, a written notice of its intention to
do so.
``(B) Contents.--Such notice shall be in the form and
contain the information the Secretary requires, including
evidence that the State has notified each local educational
agency in the State of its intention to consider such
payments in providing State aid.
``(2) Opportunity to present views.--Before making a
determination under subsection (b), the Secretary shall
afford the State, and local educational agencies in the
State, an opportunity to present their views.
``(3) Qualification procedures.--If the Secretary
determines that a program of State aid qualifies under
subsection (b), the Secretary shall--
``(A) certify the program and so notify the State; and
``(B) afford an opportunity for a hearing, in accordance
with section 8012(a), to any local educational agency
adversely affected by such certification.
``(4) Non-qualification procedures.--If the Secretary
determines that a program of State aid does not qualify under
subsection (b), the Secretary shall--
``(A) so notify the State; and
``(B) afford an opportunity for a hearing, in accordance
with section 8012(a), to the State, and to any local
educational agency adversely affected by such determination.
``(d) Reductions of State Aid.--
``(1) In general.--A State whose program of State aid has
been certified by the Secretary under subsection (c)(3) may
reduce the amount of such aid provided to a local educational
agency that receives a payment under subsection (b) by any
amount up to--
``(A) the amount of such payment (excluding amounts
provided under subsections (d) and (f)); multiplied by
``(B) 100 percent minus the percentage of disparity
determined under subsection (b).
``(2) Prohibition.--A State may not make a reduction
described in paragraph (1) before its program of State aid
has been certified by the Secretary under subsection (c)(3).
``(e) Remedies for State Violations.--
``(1) In general.--The Secretary or any aggrieved local
educational agency may, without exhausting administrative
remedies, bring an action in a United States district court
against any State that violates subsection (a) or subsection
(d)(2) or fails to carry out an assurance provided under
subsection (b)(3)(B).
``(2) Immunity.--A State shall not be immune under the
eleventh amendment to the Constitution of the United States
from an action described in paragraph (1).
``(3) Relief.--The court shall grant such relief as it
determines is appropriate, which may include attorney's fees
to a prevailing local educational agency.
``SEC. 8011. FEDERAL ADMINISTRATION.
``(a) Payments in Whole Dollar Amounts--The Secretary shall
round any payments under this title to the nearest whole
dollar amount.
``(b) Other Agencies.--Each Federal agency administering
Federal property on which children reside, and each agency
principally responsible for an activity that may occasion
assistance under this title, shall, to the maximum extent
practicable, comply with requests of the Secretary for
information the Secretary may require to carry out this
title.
``SEC. 8012. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.
``(a) Administrative Hearings.--A local educational agency
and a State that is adversely affected by any action of the
Secretary under this title shall be entitled to a hearing on
such action in the same manner as if such agency were a
person under chapter 5 of title 5, United States Code.
``(b) Judicial Review of Secretarial Action.--
``(1) In general.--A local educational agency or a State
aggrieved by the Secretary's final decision following an
agency proceeding under subsection (a) may, within 60 days
after receiving notice of such decision, file with the United
States court of appeals for the circuit in which such agency
or State is located a petition for review of that action. The
clerk of the court shall promptly transmit a copy of the
petition to the Secretary. The Secretary shall then file in
the court the record of the proceedings on which the
Secretary's action was based, as provided in section 2112 of
title 28, United States Code.
``(2) Findings of fact.--The findings of fact by the
Secretary, if supported by substantial evidence, shall be
conclusive, but the court, for good cause shown, may remand
the case to the Secretary to take further evidence. The
Secretary may thereupon make new or modified findings of fact
and may modify the Secretary's previous action, and shall
file in the court the record of the further proceedings. Such
new or modified findings of fact shall likewise be conclusive
if supported by substantial evidence.
``(3) Review.--The court shall have exclusive jurisdiction
to affirm the action of the Secretary or to set it aside, in
whole or in part. The judgment of the court shall be subject
to review by the Supreme Court of the United States upon
certiorari or certification as provided in section 1254 of
title 28, United States Code.
``SEC. 8013. DEFINITIONS.
``For purposes of this title, the following definitions
apply:
``(1) Armed forces.--The term `Armed Forces' means the
Army, Navy, Air Force, and Marine Corps.
``(2) Average per-pupil expenditure.--The term `average
per-pupil expenditure' means--
``(A) the aggregate current expenditures of all local
educational agencies in the State; divided by
``(B) the total number of children in average daily
attendance for whom such agencies provided free public
education.
``(3) Construction.--The term `construction' means--
``(A) the preparation of drawings and specifications for
school facilities;
``(B) erecting, building, acquiring, altering, remodeling,
repairing, or extending school facilities;
``(C) inspecting and supervising the construction of school
facilities; and
``(D) debt service for such activities.
``(4) Federal property.--
``(A) In general.--Except as provided in subparagraphs (B)
through (F), the term `Federal property' means real property
that is not subject to taxation by any State or any political
subdivision of a State due to Federal agreement, law, or
policy, and that is--
``(i) owned by the United States or leased by the United
States from another entity;
``(ii)(I) held in trust by the United States for individual
Indians or Indian tribes;
``(II) held by individual Indians or Indian tribes subject
to restrictions on alienation imposed by the United States;
``(III) conveyed at any time under the Alaska Native Claims
Settlement Act (Public Law 92-203, 43 U.S.C. 1601 et seq.) to
a Native individual, Native group, or Village or Regional
corporation;
``(IV) public land owned by the United States that is
designated for the sole use and benefit of individual Indians
or Indian tribes; or
``(V) used for low-rent housing, as otherwise described in
this paragraph, that is located on land described in
subclause (I), (II), (III), or (IV) of this clause or on land
that met one of those descriptions immediately before its use
for such housing;
``(iii)(I) part of a low-rent housing project assisted
under the United States Housing Act of 1937; or
``(II) used to provide housing for homeless children at
closed military installations pursuant to section 501 of the
Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11411); or
``(iv) owned by a foreign government or by an international
organization.
``(B) Schools providing flight training to members of air
force.--The term `Federal property' includes, so long as not
subject to taxation by any State or any political subdivision
of a State, and whether or not that tax exemption is due to
Federal agreement, law, or policy, any school providing
flight training to members of the Air Force under contract
with the Air Force at an airport owned by a State or
political subdivision of a State.
``(C) Non-federal easements, leases, licenses, permits,
improvements, and certain other real property.--The term
`Federal property' includes, whether or not subject to
taxation by a State or a political subdivision of a State--
[[Page 463]]
``(i) any non-Federal easement, lease, license, permit, or
other such interest in Federal property as otherwise
described in this paragraph, but not including any non-
Federal fee-simple interest;
``(ii) any improvement on Federal property as otherwise
described in this paragraph; and
``(iii) real property that, immediately before its sale or
transfer to a non-Federal party, was owned by the United
States and otherwise qualified as Federal property described
in this paragraph, but only for one year beyond the end of
the fiscal year of such sale or transfer.
``(D) Certain postal service property and pipelines and
utility lines.--Notwithstanding any other provision of this
paragraph, the term `Federal property' does not include--
``(i) any real property under the jurisdiction of the
United States Postal Service that is used primarily for the
provision of postal services; or
``(ii) pipelines and utility lines.
``(E) Property with respect to which state or local tax
revenues may not be expended, allocated, or available for
free public education.--Notwithstanding any other provision
of this paragraph, `Federal property' does not include any
property on which children reside that is otherwise described
in this paragraph if--
``(i) no tax revenues of the State or of any political
subdivision of the State may be expended for the free public
education of children who reside on that Federal property; or
``(ii) no tax revenues of the State are allocated or
available for the free public education of such children.
``(F) Certain property located in state of oklahoma owned
by indian housing authority for low-income housing.--The term
`Federal property' includes any real property located in the
State of Oklahoma that--
``(i) is owned by an Indian housing authority and used for
low-income housing (including housing assisted under the
mutual help ownership opportunity program under section 202
of the United States Housing Act of 1937); and
``(ii) at any time--
``(I) was designated by treaty as tribal land; or
``(II) satisfied the definition of Federal property under
section 403(1)(A) of the Act of September 30, 1950 (Public
Law 874, 81st Congress).
``(5) Free public education.--The term `free public
education' means education that is provided--
``(A) at public expense, under public supervision and
direction, and without tuition charge; and
``(B) as elementary or secondary education, as determined
under State law, except that, notwithstanding State law, such
term--
``(i) includes preschool education; and
``(ii) does not include any education provided beyond grade
12.
``(6) Indian lands.--The term `Indian lands' means any
Federal property described in paragraph (4)(A)(ii) or (4)(F).
``(7) Local contribution percentage.--
``(A) In general.--The term `local contribution percentage'
means the percentage of current expenditures in the State
derived from local and intermediate sources, as reported to
and verified by the National Center for Education Statistics.
``(B) Hawaii and district of columbia.--Notwithstanding
subparagraph (A), the local contribution percentage for
Hawaii and for the District of Columbia shall be the local
contribution percentage computed for the Nation as a whole.
``(8) Local educational agency.--
``(A) In general.--Except as provided in subparagraph (B),
the term `local educational agency'--
``(i) means a board of education or other legally
constituted local school authority having administrative
control and direction of free public education in a county,
township, independent school district, or other school
district; and
``(ii) includes any State agency that directly operates and
maintains facilities for providing free public education.
``(B) Exception.--The term `local educational agency' does
not include any agency or school authority that the Secretary
determines on a case-by-case basis--
``(i) was constituted or reconstituted primarily for the
purpose of receiving assistance under this title or the Act
of September 30, 1950 (Public Law 874, 81st Congress) or
increasing the amount of such assistance; or
``(ii) is not constituted or reconstituted for legitimate
educational purposes.
``(9) Low-rent housing.--The term `low-rent housing' means
housing located on property that is described paragraph
(4)(A)(iii).
``(10) Revenue derived from local sources.--The term
`revenue derived from local sources' means--
``(A) revenue produced within the boundaries of a local
educational agency and available to such agency for its use;
or
``(B) funds collected by another governmental unit, but
distributed back to a local educational agency in the same
proportion as it was collected as a local revenue source.
``(11) School facilities.--The term `school facilities'
includes--
``(A) classrooms and related facilities; and
``(B) equipment, machinery, and utilities necessary or
appropriate for school purposes.
``SEC. 8014. AUTHORIZATION OF APPROPRIATIONS.
``(a) Payments for Federal Acquisition of Real Property.--
For the purpose of making payments under section 8003, there
are authorized to be appropriated such sums as may be
necessary for each of the fiscal years 1995 through 1999.
``(b) Basic Payments.--For the purpose of making payments
under section 8004(a), there are authorized to be
appropriated such sums as may be necessary for each of the
fiscal years 1995 through 1999.
``(c) Payments for Children With Disabilities.--For the
purpose of making payments under section 8004(d), there are
authorized to be appropriated such sums as may be necessary
for each of the fiscal years 1995 through 1999.
``(d) Payments for Heavily Impacted Local Educational
Agencies.--
``(1) In general.--For the purpose of making payments under
section 8004(f), there are authorized to be appropriated such
sums as may be necessary for each of the fiscal years 1995
through 1999.
``(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are
authorized to remain available until expended.
``(e) Payments for Increases in Military Children.--For the
purpose of making payments under section 8007, there are
authorized to be appropriated such sums as may be necessary
for each of the fiscal years 1995 through 1999.
``(f) Construction.--For the purpose of making payments
under section 8008, there are authorized to be appropriated
such sums as may be necessary for each of the fiscal years
1995 through 1999.
``(g) Facilities Maintenance.--For the purpose of carrying
out section 8009, there are authorized to be appropriated
such sums as may be necessary for each of the fiscal years
1995 through 1999.
``TITLE IX--GENERAL PROVISIONS
``PART A--DEFINITIONS
``SEC. 9101. DEFINITIONS.
``Except as otherwise provided, for the purposes of this
Act, the following terms have the following meanings:
``(1)(A) Except as provided otherwise by State law or this
paragraph, the term `average daily attendance' means--
``(i) the aggregate number of days of attendance of all
students during a school year; divided by
``(ii) the number of days school is in session during such
school year.
``(B) The Secretary shall permit the conversion of average
daily membership (or other similar data) to average daily
attendance for local educational agencies in States that
provide State aid to local educational agencies on the basis
of average daily membership or such other data.
``(C) If the local educational agency in which a child
resides makes a tuition or other payment for the free public
education of the child in a school located in another school
district, the Secretary shall, for purposes of this Act--
``(i) consider the child to be in attendance at a school of
the agency making such payment; and
``(ii) not consider the child to be in attendance at a
school of the agency receiving such payment.
``(D) If a local educational agency makes a tuition payment
to a private school or to a public school of another local
educational agency for a child with disabilities, as defined
in section 602(a)(1) of the Individuals with Disabilities
Education Act, the Secretary shall, for the purposes of this
Act, consider such child to be in attendance at a school of
the agency making such payment.
``(2) The term `average per-pupil expenditure' means, in
the case of a State or of the United States--
``(A) without regard to the source of funds--
``(i) the aggregate current expenditures, during the third
preceding fiscal year (or, if satisfactory data for that year
are not available, during the most recent preceding fiscal
year for which satisfactory data are available) of all local
educational agencies in the State or, in the case of the
United States for all States (which, for the purpose of this
paragraph, means the 50 States and the District of Columbia);
plus
``(ii) any direct current expenditures by the State for
operation of such agencies; divided by
``(B) the aggregate number of children in average daily
attendance to whom such agencies provided free public
education during such preceding year.
``(3) The term `child' means any person within the age
limits for which the applicable State provides free public
education.
``(4) The term `community-based organization' means a
private nonprofit organization that--
``(A) is representative of a community or significant
segments of a community; and
``(B) provides educational or related services to
individuals in the community.
``(5) The term `consolidated State application' means an
application submitted by a State educational agency pursuant
to section 9302 of this Act.
``(6) The term `county' means one of those divisions of a
State used by the Secretary of Commerce in compiling and
reporting data regarding counties.
``(7) The term `covered program' means each of the programs
authorized by--
``(A) part A of title I of this Act;
``(B) part C of title I of this Act;
``(C) part A of title II of this Act; and
``(D) part A of title IV of this Act except section 4104.
[[Page 464]]
``(8) The term `current expenditures' means expenditures
for free public education--
``(A) including expenditures for administration,
instruction, attendance and health services, pupil
transportation services, operation and maintenance of plant,
fixed charges, and net expenditures to cover deficits for
food services and student body activities; but
``(B) not including expenditures for community services,
capital outlay, and debt service, or any expenditures made
from funds received under title I and part A of title II of
this Act.
``(9) The term `Department' means the Department of
Education.
``(10) The term `educational service agency' means regional
public multiservice agencies authorized by State statute to
develop, manage, and provide services and programs to local
educational agencies.
``(11) The term `elementary school' means a nonprofit day
or residential school that provides elementary education, as
determined under State law.
``(12) The term `free public education' means education
that is provided--
``(A) at public expense, under public supervision and
direction, and without tuition charge; and
``(B) as elementary or secondary school education as
determined under applicable State law, except that such term
does not include any education provided beyond grade 12.
``(13) The term `institution of higher education' has the
meaning given that term in section 1201(a) of the Higher
Education Act of 1965.
``(14)(A) The term `local educational agency' means a
public board of education or other public authority legally
constituted within a State for either administrative control
or direction of, or to perform a service function for, public
elementary or secondary schools in a city, county, township,
school district, or other political subdivision of a State,
or for such combination of school districts or counties as
are recognized in a State as an administrative agency for its
public elementary or secondary schools.
``(B) The term includes any other public institution or
agency having administrative control and direction of a
public elementary or secondary school.
``(15) The term `mentoring' means a program in which an
adult works with a child or youth on a 1-to-1 basis,
establishing a supportive relationship, providing academic
assistance, and exposing the child or youth to new
experiences that enhance the child or youth's ability to
excel in school and become a responsible citizen.
``(16) The term `other staff' means pupil services
personnel, librarians, career guidance and counseling
personnel, education aides, and other instructional and
administrative personnel.
``(17) The term `outlying area' means the Virgin Islands,
Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, and Palau (until the effective date of the
Compact of Free Association with the Government of Palau).
``(18) The term `parent' includes a legal guardian or other
person standing in loco parentis.
``(19) The terms `pupil-services personnel' and `pupil
services' mean, respectively--
``(A) school counselors, school social workers, school
psychologists, and other qualified professional personnel
involved in providing assessment, diagnosis, counseling,
educational, therapeutic, and other necessary services as
part of a comprehensive program to meet student needs; and
``(B) the services provided by such individuals.
``(20) The term `secondary school' means a nonprofit day or
residential school that provides secondary education, as
determined under State law, except that it does not include
any education beyond grade 12. This definition shall not
apply to any private, religious, or home school that does not
receive funds under this Act.
``(21) The term `Secretary' means the Secretary of
Education.
``(22) The term `State' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, and
each of the outlying areas.
``(23) The term `State educational agency' means the agency
primarily responsible for the State supervision of public
elementary and secondary schools.
``SEC. 9102. APPLICABILITY OF THIS TITLE.
``Parts B through F of this title do not apply to title
VIII of this Act.
``SEC. 9103. REFERENCES IN OTHER ACTS.
``References to section 1471 of this Act, as it existed
prior to the enactment of the Improving America's Schools Act
of 1994, shall be deemed to refer to this section.
``PART B--FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS
``SEC. 9201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR
ELEMENTARY AND SECONDARY EDUCATION PROGRAMS.
``(a) Consolidation of Administrative Funds.--(1) A State
educational agency may consolidate the amounts specifically
made available to it for State administration under one or
more of the programs specified under paragraph (2) if such
State educational agency can demonstrate that the majority of
such agency's resources come from non-Federal sources.
``(2) This section applies to title I of this Act and the
covered programs specified in sections 9101(7)(C) and (D).
``(b) Use of Funds.--(1) A State educational agency shall
use the amount available under this section for the
administration of the programs included in the consolidation
under subsection (a).
``(2) A State educational agency may also use funds
available under this section for administrative activities
designed to enhance the effective and coordinated use of
funds under such programs, such as--
``(A) the coordination of programs specified in subsection
(a)(2) with other Federal and non-Federal programs;
``(B) the establishment and operation of peer-review
mechanisms under this Act;
``(C) the administration of this title;
``(D) the dissemination of information regarding model
programs and practices; and
``(E) technical assistance under programs specified in
subsection (a)(2).
``(c) Records.--A State educational agency that
consolidates administrative funds under this section shall
not be required to keep separate records, by individual
program, to account for costs relating to the administration
of programs included in the consolidation under subsection
(a).
``(d) Review.--To determine the effectiveness of State
administration under this section, the Secretary may
periodically review the performance of State educational
agencies in using consolidated administrative funds under
this section and take such steps as the Secretary finds
appropriate to ensure the effectiveness of such
administration.
``(e) Unused Administrative Funds.--If a State educational
agency does not use all of the funds available to it under
this section for administration, it may use such funds during
the applicable period of availability as funds available
under one or more programs included in the consolidation
under subsection (a).
``SEC. 9202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.
``A State educational agency that also serves as a local
educational agency shall, in its applications or State plans
under this Act, describe how it will eliminate duplication in
the conduct of administrative functions.
``SEC. 9203. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.
``(a) General Authority.--In accordance with regulations of
the Secretary, a local educational agency, with the approval
of its State educational agency, may consolidate and use for
the administration of one or more covered programs for any
fiscal year not more than the percentage, established in each
covered program, of the total amount available to that local
educational agency under those covered programs.
``(b) State Procedures.--Within one year from the date of
enactment of the Improving America's Schools Act of 1994, a
State educational agency shall, in collaboration with local
educational agencies in the State, establish procedures for
responding to requests from local educational agencies to
consolidate administrative funds under subsection (a) and for
establishing limitations on the amount of funds under covered
programs that may be used for administration on a
consolidated basis.
``(c) Conditions.--A local educational agency that
consolidates administrative funds under this section for any
fiscal year shall not use any other funds under the programs
included in the consolidation for administration for that
fiscal year.
``(d) Uses of Administrative Funds.--A local educational
agency that consolidates administrative funds under this
section may use these consolidated funds for the
administration of covered programs and for the purposes
described in section 9201(b)(2).
``(e) Records.--A local educational agency that
consolidates administrative funds under this section shall
not be required to keep separate records, by individual
covered program, to account for costs relating to the
administration of covered programs included in the
consolidation.
``SEC. 9204. ADMINISTRATIVE FUNDS STUDY.
``(a) Study.--(1) The Secretary shall conduct a study of
the use of funds under this Act for the administration, by
State and local educational agencies, of covered programs,
including the percentage of grant funds used for such purpose
in covered programs.
``(2) Based on the results of such study, the Secretary
shall develop a definition of what types of activities
constitute the administration of programs under this Act by
State and local educational agencies.
``(3) Based on the results of such study, the Secretary may
publish regulations or guidelines regarding the use of funds
for administration under those programs, including the use of
such funds on a consolidated basis and limitations on the
amount of such funds that may be used for administration
where such limitation is not otherwise specified in law.
``(b) Report.--The Secretary shall submit to the President
and the appropriate committees of the Congress a report
regarding the study conducted under this section within 30
days of its completion.
``SEC. 9205. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE
INTERIOR FUNDS.
``(a) General Authority.--(1) The Secretary shall transfer
to the Department of the Interior, as a consolidated amount
for covered programs, the Indian education programs under
part A of title VI of this Act, and the education for
homeless children and youth program under subtitle B of title
VII of the Stewart B. McKinney Homeless As-
[[Page 465]]
sistance Act, the amounts allotted to the Department of the
Interior under those programs.
``(2)(A) The Secretary and the Secretary of the Interior
shall enter into an agreement, consistent with the
requirements of the programs specified in paragraph (1), for
the distribution and use of those funds under terms that the
Secretary determines best meet the purposes of those
programs.
``(B) The agreement shall--
``(i) set forth the plans of the Secretary of the Interior
for the use of the amount transferred, the steps to be taken
to achieve the National Education Goals, and performance
measures to assess program effectiveness, including
measurable goals and objectives; and
``(ii) be developed in consultation with Indian tribes.
``(b) Administration.--The Department of the Interior may
use up to 1.5 percent of the funds consolidated under this
section for its costs related to the administration of the
funds transferred under this section.
``SEC. 9206. AVAILABILITY OF UNNEEDED PROGRAM FUNDS.
``(a) Unneeded Program Funds.--With the approval of its
State educational agency, a local educational agency that
determines for any fiscal year that funds under a covered
program other than part A of title I of this Act are not
needed for the purpose of that covered program may use such
funds, not to exceed five percent of the total amount of its
funds under that covered program, for the purpose of another
covered program.
``(b) Coordination of Services.--A local educational
agency, individual school, or consortium of schools may use a
total of up to 5 percent of the funds it receives under this
Act for the establishment and implementation of a coordinated
services project consistent with the requirements of Title X
of this Act.''.
``PART C--COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL
APPLICATIONS
``SEC. 9301. PURPOSE.
``It is the purpose of this part to improve teaching and
learning by encouraging greater cross-program coordination,
planning, and service delivery under this Act and enhanced
integration of programs under this Act with educational
activities carried out with State and local funds.
``SEC. 9302. OPTIONAL CONSOLIDATED STATE APPLICATION.
``(a) General Authority.--(1) In order to simplify
application requirements and reduce burden for State
educational agencies under this Act, the Secretary shall, in
accordance with subsection (b), establish procedures and
criteria under which a State educational agency may submit a
consolidated State application meeting the requirements of
this section for each of the covered programs in which the
State participates.
``(2) A State educational agency may also include in its
consolidated application--
``(A) the Even Start program under part B of title I of
this Act;
``(B) the education of neglected and delinquent youth
program under part D of title I of this Act;
``(C) part A of title II of the Carl D. Perkins Vocational
and Applied Technology Education Act;
``(D) Goals 2000: Educate America Act;
``(E) School-to-Work Opportunities Act; and
``(F) such other programs as the Secretary may designate.
``(3) A State educational agency that submits a
consolidated State application under this section shall not
be required to submit separate State plans or applications
under any of the programs to which its consolidated
application under this section applies.
``(b) Collaboration.--(1) In establishing criteria and
procedures under this section, the Secretary shall
collaborate with State educational agencies and, as
appropriate, with other State agencies, local educational
agencies, public and private nonprofit agencies,
organizations, and institutions, private schools, and
representatives of parents, students, and teachers.
``(2) Through the collaboration process described in
subsection (b), the Secretary shall establish, for each
program under the Act to which this section applies, the
descriptions, information, assurances, and other material
required to be included in a consolidated State application.
``(3) The Secretary shall require only descriptions,
information, assurances, and other materials that are
absolutely necessary for the consideration of the State
application.
``SEC. 9303. GENERAL APPLICABILITY OF STATE EDUCATIONAL
AGENCY ASSURANCES.
``(a) Assurances.--A State educational agency that submits
a State plan or application under this Act, whether
separately or under section 9302, shall have on file with the
Secretary a single set of assurances, applicable to each
program for which a plan or application is submitted, that
provides that--
``(1) each such program will be administered in accordance
with all applicable statutes, regulations, program plans, and
applications;
``(2)(A) the control of funds provided under each such
program and title to property acquired with program funds
will be in a public agency, in a nonprofit private agency,
institution, or organization, or in an Indian tribe if the
statute authorizing the program provides for assistance to
such entities; and
``(B) the public agency, nonprofit private agency,
institution, or organization, or Indian tribe will administer
such funds and property to the extent required by the
authorizing statutes;
``(3) the State will adopt and use proper methods of
administering each such program, including--
``(A) the enforcement of any obligations imposed by law on
agencies, institutions, organizations and other recipients
responsible for carrying out each program;
``(B) the correction of deficiencies in program operations
that are identified through audits, monitoring, or
evaluation; and
``(C) the adoption of written procedures for the receipt
and resolution of complaints alleging violations of law in
the administration of such programs;
``(4) the State will cooperate in carrying out any
evaluation of each such program conducted by or for the
Secretary or other Federal officials;
``(5) the State will use such fiscal control and fund
accounting procedures as will ensure proper disbursement of,
and accounting for, Federal funds paid to the State under
each such program;
``(6) the State will--
``(A) make reports to the Secretary as may be necessary to
enable the Secretary to perform the Secretary's duties under
each such program; and
``(B) maintain such records, provide such information to
the Secretary, and afford access to the records as the
Secretary may find necessary to carry out the Secretary's
duties; and
``(7) before the application was submitted to the
Secretary, the State has afforded a reasonable opportunity
for public comment on the application and has considered such
comment.
``(b) GEPA Provision.--Section 440 of the General Education
Provisions Act does not apply to programs under this Act.
``SEC. 9304. CONSOLIDATED LOCAL APPLICATIONS.
``(a) General Authority.--A local educational agency
receiving funds under more than one covered program may
submit applications to the State educational agency under
such programs on a consolidated basis.
``(b) Required Consolidated Applications.--A State
educational agency that has submitted and had approved a
consolidated State application under section 9302 may require
local educational agencies in the State receiving funds under
more than one program included in the consolidated State
application to submit consolidated local applications under
such programs.
``(c) Collaboration.--A State educational agency shall
collaborate with local educational agencies in the State in
establishing procedures for the submission of the
consolidated applications under this section.
``(d) The State educational agency shall require only
descriptions, information, assurances, and other material
that are absolutely necessary for the consideration of the
application of the local educational agency.
``SEC. 9305. OTHER GENERAL ASSURANCES.
``(a) Assurances.--Any applicant other than a State
educational agency that submits an application under this
Act, whether separately or pursuant to section 9304, shall
have on file with the State educational agency a single set
of assurances, applicable to each program for which an
application is submitted, that provides that--
``(1) each such program will be administered in accordance
with all applicable statutes, regulations, program plans, and
applications;
``(2)(A) the control of funds provided under each such
program and title to property acquired with program funds
will be in a public agency or in a nonprofit private agency,
institution, organization, or Indian tribe, if the statute
authorizing the program provides for assistance to such
entities; and
``(B) the public agency, nonprofit private agency,
institution, or organization, or Indian tribe will administer
such funds and property to the extent required by the
authorizing statutes;
``(3) the applicant will adopt and use proper methods of
administering each such program, including--
``(A) the enforcement of any obligations imposed by law on
agencies, institutions, organizations, and other recipients
responsible for carrying out each program; and
``(B) the correction of deficiencies in program operations
that are identified through audits, monitoring, or
evaluation;
``(4) the applicant will cooperate in carrying out any
evaluation of each such program conducted by or for the State
educational agency or the Secretary or other Federal
officials;
``(5) the applicant will use such fiscal control and fund
accounting procedures as will ensure proper disbursement of,
and accounting for, Federal funds paid to such applicant
under each such program;
``(6) the applicant will--
``(A) make reports to the State educational agency and the
Secretary as may be necessary to enable such agency and the
Secretary to perform their duties under each such program;
and
``(B) maintain such records, provide such information, and
afford access to the records as the State educational agency
or the Secretary may find necessary to carry out the State
educational agency's or the Secretary's duties; and
``(7) before the application was submitted, the applicant
afforded a reasonable opportunity for public comment on the
application and has considered such comment.
[[Page 466]]
``(b) GEPA Provision.--Section 442 of the General Education
Provisions Act does not apply to programs under this Act.
``PART D--WAIVERS
``SEC. 9401. WAIVERS OF STATUTORY AND REGULATORY
REQUIREMENTS.
``(a) Except as provided in subsection (c), the Secretary
may waive any requirement of this Act or of the General
Education Provisions Act, or of the regulations issued under
such Acts, for a State educational agency, Indian tribe, or
other agency, organization, or institution that receives
funds under a program authorized by this Act from the
Department and that requests such a waiver the Secretary
determines that such requirement impedes the ability of the
State educational agency or other recipient to achieve more
effectively the purposes of this Act.
``SEC. 9402. APPLICATIONS.
``(a) General Requirements.--A school, local educational
agency, or State that desires to receive a waiver under this
Act shall--
``(1) indicate which Federal requirements are to be waived
and how waiving such requirements will improve educational
achievement among all students;
``(2) describe educational programs and goals being
proposed and how such programs will meet the needs of all
students;
``(3) identify the Federal programs to be included in the
project;
``(4) indicate which State and local requirements to be
waived;
``(5) describe specific, measurable educational improvement
goals and expected outcomes for all affected students;
``(6) describe methods to be used to measure progress
toward meeting such goals;
``(7) describe how programs will continue to focus on the
same populations served by programs for which waivers are
requested;
``(8) describe how students not now eligible for programs
for which waivers are granted can be served without weakening
the program benefits for eligible populations; and
``(9) describe the student population at proposed schools,
including--
``(A) current data regarding the achievement levels of
students, particularly disadvantaged students;
``(B) the number of students who--
``(i) are of limited English proficiency, as defined in
section 7003(a)(1) of the Bilingual Education Act;
``(ii) are children with disabilities, as defined in
section 602(a)(1) of the Individuals with Disabilities
Education Act;
``(iii) are currently or were, within the past 5 years,
migratory;
``(iv) are educationally disadvantaged for the purposes of
title I of the Elementary and Secondary Education Act of
1965; and
``(v) are eligible for a free or reduced-price lunch.
``(b) Additional Requirements.--The Secretary of Education
may include additional requirements as may reasonably be
required.
``(c) Individual School Applications.--A local school that
desires to receive a waiver under this Act shall submit an
application to the local educational agency, which, after
review, shall submit such application to the State
educational agency.
``(d) Local Applications.--(1) A local educational agency
that desires to receive a waiver under this Act shall submit
an application to the State educational agency for review.
``(2) A State educational agency that approves an
application submitted by a local educational agency shall
forward such application to the Secretary of Education for
consideration.
``(3) If an application requests a waiver for a program
other than an education program, the State educational agency
shall submit such application to the chief executive of the
State for review before forwarding such application to the
Secretary of Education.
``(e) State Applications.--(1) A State educational agency
that desires to receive a waiver under this Act shall--
``(1) submit an application to the Secretary of Education
for consideration; and
``(2) provide all interested local education agencies in
the State with notice and an opportunity to comment on the
proposal.
``(f) Waivers Not Authorized.--The Secretary may not waive,
under this section, any statutory or regulatory requirement
relating to--
``(1) comparability of services;
``(2) maintenance of effort;
``(3) the equitable participation of students attending
private schools;
``(4) parental participation and involvement;
``(5) the distribution of funds to States or to local
educational agencies or other recipients of funds under this
Act;
``(6) maintenance of records;
``(7) applicable civil rights requirements; or
``(8) the requirements of sections 444 and 445 of the
General Education Provisions Act.
``SEC. 9403. EVALUATIONS AND TECHNICAL ASSISTANCE.
``(a) Waivers.--Three years after a waiver is provided to a
school or local educational agency, the Secretary of
Education shall evaluate the effectiveness of such waiver,
based on reports and evaluations conducted by the State
educational agency, in meeting the goals outlined in their
application, in achieving educational reform, in raising
student achievement for all students, including students with
disabilities, students who are disadvantaged, and students
who are limited English proficient, and in meeting the
National Education Goals.
``(b) Technical Assistance.--If the Secretary determines
that progress in achieving education reform is not
satisfactory, the Secretary may provide technical assistance
to a school or local educational agency.
``(c) Termination.--If the Secretary determines that the
technical assistance does not improve education reform
efforts, the Secretary may immediately terminate any waivers
previously granted.
``(d) National Evaluation.--Three years after the
flexibility program is implemented and at the end of every
succeeding 3-year period, the Secretary shall evaluate the
effectiveness of the flexibility program nationwide. The
findings of such evaluation shall be submitted to the
Congress not later than 120 days after such evaluation is
completed.
``SEC. 9404. REPORTS.
``(a) Local Reports.--A local educational agency or school
that participates in a flexibility project under this Act
shall submit an annual report to the State educational agency
that--
``(1) describes project activities;
``(2) evaluates the progress in achieving the goals stated
in the application; and
``(3) evaluates the effectiveness of coordinating services
for students and their families.
``(b) State Reports.--(1) A State that participates in a
flexibility project under this Act shall submit an annual
report to the Secretary of Education which evaluates the
progress in achieving goals stated in the application.
``(2) The State Educational Agency, upon receipt of reports
of local educational agencies or schools participating in a
flexibility project, shall review such documents and evaluate
the progress of such programs in elevating academic
achievement for all students, accomplishing education reform
and meeting the National Education Goals. Such reports and
evaluations shall be submitted to the Secretary of Education
on an annual basis.
``(c) Secretary Reports.--The Secretary of Education shall
submit to the Congress a biennial report, based on State
reports, regarding the national progress of flexibility
programs and the effect of such programs on improving
educational achievement for all students and meeting the
National Education Goals.
``SEC. 9405. GENERAL PROVISION REGARDING NON-RECIPIENT
NONPUBLIC SCHOOLS.
``Nothing in this Act shall be construed to permit, allow,
encourage, or authorize any Federal involvement with or
control over any aspect of any private, religious, or home
school that does not receive funds under the Act.
``TITLE X--COORDINATED SERVICES PROJECTS
``SEC. 10001. FINDINGS AND PURPOSE.
``(a) Findings.--The Congress makes the following findings:
``(1) Growing numbers of children are negatively affected
by influences outside of the classroom which increase their
risk of academic failure.
``(2) Factors such as poor nutrition, unsafe living
conditions, physical and sexual abuse, family and gang
violence, inadequate health care, unemployment, lack of child
care and substance abuse adversely affect family
relationships and the ability of a child to learn.
``(3) Parents and other caregivers in today's high pressure
society often face demands which place restraints on their
time and affect their ability to adequately provide for the
needs of their families.
``(4) Access to health and social service programs can
address the basic physical and emotional needs of children so
that they can fully participate in the learning experiences
offered them in school.
``(5) Services for at-risk students need to be more
convenient, less fragmented, regulated and duplicative in
order to meet the needs of children and their families.
``(6) School personnel, parents, and support service
providers often lack knowledge of, and access to, available
services for at-risk students and their families in the
community, and have few resources to coordinate services and
make them accessible.
``(7) Service providers, such as teachers, social workers,
health care and child care providers, juvenile justice
workers and others, are often trained in separate disciplines
that provide little support for the coordination of services.
``(8) Coordination of services is more cost effective
because it substitutes prevention for expensive crisis
intervention.
``(9) Coordinating health and social services with
education can help the Nation meet the National Education
Goals by ensuring better outcomes for children.
``(b) Purpose of Coordinating Services.--The purpose of
this section is to provide elementary and secondary school
students and their families better access to the social,
health and education services necessary for students to
succeed in school and for their families to take an active
role in ensuring that children receive the best possible
education.
``SEC. 10002. DEFINITIONS.
``(a) The term `coordinated services project' refers to a
comprehensive approach to meeting the educational, health,
social service, and other needs of children and their
families, including foster children and their foster
families, through a communitywide partnership that links
public and private agencies providing such services or access
to such services through a coordination site at or near a
school.
[[Page 467]]
``(b) An `eligible entity' is a local educational agency,
individual school, or consortium of schools.
``SEC. 10003. PROJECT DEVELOPMENT AND IMPLEMENTATION.
``(a) Project Plans.--Eligible entities exercising their
authority under section 9206(b) shall submit to the Secretary
an application for the development of a plan or a plan for
the implementation of a coordinated services project.
``(b) Project Development.--The application for the
development of the coordinated services project, which can
last for up to one year, shall:
``(1) demonstrate that an assessment will be performed of
the economic, social, and health barriers to educational
achievement experienced by children and families, including
foster children and their foster families, in the community,
and the local, State, federal, and privately funded services
available to meet such needs;
``(2) identify the measures that will be taken to establish
a communitywide partnership that links public and private
agencies providing services to children and families; and
``(3) identify any other measures that will be taken to
develop a comprehensive plan for the implementation of a
coordinated services project or projects.
``(c) Project Implementation.--Eligible entities shall
submit to the Secretary a plan for the implementation or
expansion of a coordinated services project. Such plan shall
include--
``(1) the results of a children and families needs
assessment, which will include an assessment of the needs of
foster children;
``(2) the membership of the coordinated services project
partnership;
``(3) a description of the proposed coordinated services
project, its objectives, where it will be located, and the
staff that will be used to carry out the purposes of the
project;
``(4) a description of how the success of the coordinated
services project will be evaluated;
``(5) a description of the training to be provided to
teachers and appropriate personnel; and
``(6) information regarding whether or not a sliding scale
fee for services will be employed, and if not, an explanation
of why such scale is not feasible.
``SEC. 10004. USES OF FUNDS.
``(a) Funds utilized under the authority of section 9206(b)
may be used for activities under this title which include--
``(1) hiring a services coordinator;
``(2) making minor renovations to existing buildings;
``(3) purchasing basic operating equipment;
``(4) improving communications and information-sharing
between members of the coordinated services project
partnership;
``(5) providing training to teachers and appropriate
personnel concerning their role in a coordinated services
project; and
``(6) conducting the needs assessment required in section
10003(b)(1).
``(b) Projects operating under the authority of this title
shall comply with the requirements of section 1121(b).
``SEC. 10005. CONTINUING AUTHORITY.
``The Secretary shall not approve the plan of any project
which fails to demonstrate that it is achieving effective
coordination after 2 years of implementation.
``SEC. 10006. FEDERAL AGENCY COORDINATION.
``(a) Agency Coordination.--The Secretaries of Education,
Health and Human Services, Labor, Housing and Urban
Development, Treasury, and Agriculture, and the Attorney
General shall review the programs administered by their
agencies to identify barriers to service coordination.
``(b) Report to Congress.--Such Secretaries and the
Attorney General shall submit jointly a report to the
Congress not later than 2 years after the date of the
enactment of the Improving America's Schools Act, based on
the review required under paragraph (a) recommending
legislative and regulatory action to address such barriers,
and during this time, shall use waiver authorities authorized
under this and other Acts.
``SEC. 10007. LIMITATION ON USE OF FUNDS FOR COORDINATION OF
SERVICES.
``None of the funds authorized under this Act which are
used for projects which include the coordination of health
and social services with education may be used to provide
family planning or reproductive health services.''.
TITLE II--AMENDMENTS TO THE GENERAL EDUCATION PROVISIONS ACT
PART A--APPLICABILITY OF THE GENERAL EDUCATION PROVISIONS ACT
SEC. 211. TITLE; APPLICABILITY; DEFINITIONS.
Section 400 of the General Education Provisions Act (20
U.S.C. 1221 et seq.; referred to in this title as ``the
Act'') is amended to read as follows:
``title; applicability; definitions
``Sec. 400. (a) This title may be cited as the `General
Education Provisions Act'.
``(b)(1) Except as otherwise provided, this title applies
to each applicable program of the Department of Education.
``(2) Except as otherwise provided, this title does not
apply to any contract made by the Department of Education.
``(c) As used in this title, the following terms have the
following meanings:
``(1) The term `applicable program' means any program for
which the Secretary or the Department has administrative
responsibility as provided by law or by delegation of
authority pursuant to law. The term includes each program for
which the Secretary or the Department has administrative
responsibility under the Department of Education Organization
Act or under statutes effective after the effective date of
that Act.
``(2) The term `applicable statute' means--
``(A) the Act or the title, part, section, or any other
subdivision of an Act, as the case may be, that authorizes
the appropriation for an applicable program;
``(B) this title; and
``(C) any other statute that by its terms expressly
controls the administration of an applicable program.
``(3) The term `Department' means the Department of
Education.
``(4) The term `Secretary' means the Secretary of
Education.
``(d) Nothing in this title shall be construed to affect
the applicability of title VI of the Civil Rights Act of
1964, title IX of the Education Amendments of 1972, title V
of the Rehabilitation Act of 1973, the Age Discrimination
Act, or other statutes prohibiting discrimination, to any
applicable program.''.
SEC. 212. REPEAL AND REDESIGNATION.
(a) The following provisions of the Act are repealed:
(1) Sections 400A, 401, 402, 405, 406, 406A, 406B, 406C,
407, 413, 416, 419, 421, 423, 424, 426A, and 429; and
(2) part D.
(b) Sections 403, 408, 409, 411, 412, 414, 415, 417, 420,
421A, 422, 425, 426, 427, 428, 430, 431, 432, 433, 434, 435,
436, 437, 438, 439, and 440 are redesignated as 401, 410,
411, 420, 421, 422, 423, 425, 426, 430, 431, 432, 433, 434,
435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, and
446 respectively.
(c) Part E is redesignated as Part D.
PART B--THE DEPARTMENT OF EDUCATION
SEC. 221. NEW HEADING FOR PART A.
The heading for Part A of the Act is amended to read as
follows:
``Part A--Functions of the Department of Education''.
SEC. 222. OFFICE OF NON-PUBLIC EDUCATION.
Section 401 of the Act (as redesignated) is amended by--
(1) striking the heading of such section and inserting the
following new heading:
``office of non-public education''.
(2) striking subsections (a), (b), and (c); and
(3) striking ``(d)(1) There'' and inserting ``Sec. 401 (1)
There''.
SEC. 223. GENERAL AUTHORITY OF THE SECRETARY.
Section 410 of the Act (as redesignated) is amended to read
as follows:
``general authority of the secretary
``Sec. 410. The Secretary, in order to carry out functions
otherwise vested by law or by delegation of authority
pursuant to law, and subject to limitations as may be
otherwise imposed by law, is authorized to make, promulgate,
issue, rescind, and amend rules and regulations governing the
manner of operation of, and governing the applicable programs
administered by, the Department.''.
SEC. 224. COORDINATION.
The Act is amended by inserting the following new section
412:
``coordination
``Sec. 412. The Advisory Council on Education Statistics,
the National Education Goals Panel, the National Education
Statistics and Improvement Council, and any other Board
established to analyze, address, or approve standards and
assessments shall coordinate and interact with one another in
order to ensure that each entity does not duplicate
activities to assist States in their efforts to reform their
educational systems.''.
PART C--APPROPRIATIONS AND EVALUATIONS
SEC. 230. FORWARD FUNDING.
Section 420 of the Act (as redesignated) is amended to read
as follows:
``forward funding
``Sec. 420. (a) To the end of affording the responsible
State, local, and Federal officers adequate notice of
available Federal financial assistance for carrying out
ongoing education activities and projects, appropriations for
grants, contracts, or other payments under any applicable
program are authorized to be included in the appropriations
Act for the fiscal year preceding the fiscal year during
which such activities and projects shall be carried out.
``(b) In order to effect a transition to the timing of
appropriation action authorized by subsection (a), the
application of this section may result in the enactment, in a
fiscal year, of separate appropriations for an applicable
program (whether in the same appropriations Act or otherwise)
for 2 consecutive fiscal years.''.
SEC. 231. AVAILABILITY OF APPROPRIATIONS.
(a) The heading for section 421 of the Act (as
redesignated) is amended to read as follows: ``availability
of appropriations on academic or school-year basis;
additional period for expenditure of funds''.
(b) Section 421 of the Act (as redesignated) is further
amended--
(1) in subsection (b) by striking ``(b) Notwithstanding''
and inserting ``(b)(1) Notwithstanding''; and
(2) in subsection (c) by striking ``section 3679(d)(2) of
the Revised Statutes'' and inserting ``section 1341(a) of
title 31 of the United States Code''.
SEC. 232. CONTINGENT EXTENSION OF PROGRAMS.
Section 422 of the Act (as redesignated) of the Act is
amended to read as follows:
``contingent extension of programs
``Sec. 422. (a) The authorization of appropriations for, or
duration of, an applicable
[[Page 468]]
program shall be automatically extended for one additional
fiscal year unless Congress, in the regular session that ends
prior to the beginning of the terminal fiscal year of such
authorization or duration, has passed legislation that
becomes law and extends or repeals the authorization or
duration of such program.
``(b) The amount authorized to be appropriated for the
period of automatic extension of an applicable program under
subsection (a) shall be the amount that was authorized to be
appropriated for that program during its terminal fiscal
year.
``(c) During the period of automatic extension of an
applicable program under subsection (a), the Secretary shall
administer such program, including the performance of all
required acts and determinations, in the same manner required
in the termination fiscal year by the applicable statute.
``(d) This section shall not apply to the authorization of
appropriations for a commission, council or committee which
is required by an applicable statute to terminate on a date
certain.''.
SEC. 233. STATE REPORTS.
Subpart 2 of part B of the Act is amended by inserting the
following new section 424 at the beginning of such subpart.
``responsibility of states to furnish information
``Sec. 424. (a) Each State educational agency shall submit
to the Secretary a report on or before March 15 of every
second year. Each such report shall include--
``(1) information with respect to the uses of Federal funds
in such State in the 2 preceding fiscal years under any
applicable program under the jurisdiction of the State
educational agency; and
``(2) information with respect to the uses of Federal funds
in such State in the 2 preceding fiscal years under any
Federal program administered by the State that provided
grants or contracts to a local educational agency in the
State.
``(b) Each report submitted as required by subsection (a)
shall--
``(1) list, with respect to each program for which
information is provided, all grants made to and contracts
entered into with local educational agencies and other public
and private agencies and institutions within the State during
each fiscal year concerned;
``(2) analyze the information included in the report by
local educational agency and by program;
``(3) include the total amount of funds available to the
State under each such program for each fiscal year concerned;
and
``(4) be made readily available by the State to local
educational agencies and institutions within the State and to
the public.
``(c) If the Secretary does not receive a report by the
date required under subsection (a), or receives an incomplete
report, the Secretary, not later than 30 days after such
report is required to be submitted, shall take all reasonable
measures to obtain the delinquent or incomplete information
from the State educational agency.
``(d) When the Secretary receives a report required under
subsection (a), the Secretary shall provide such information
to the National Center for Education Statistics, and shall
make such information available, at a reasonable cost, to any
individual who requests it.
``(e) The Secretary shall consult with the Speaker and
Minority Leader of the House of Representatives and the
Majority and Minority Leaders of the Senate regarding the
costs and feasibility of making the information described in
subsection (a) available as part of a telecommunications
network that is readily accessible to every member of
Congress and other interested parties.
``(f) On or before August 15th of each year in which
reports are submitted under subsection (a), the Secretary
shall submit a report to the Committee on Education and Labor
of the House of Representatives and the Committee on Labor
and Human Resources of the Senate. Such report shall
include--
``(1) an analysis of the content and data quality of such
reports;
``(2) a compilation of statistical data derived from such
reports; and
``(3) information obtained by the Secretary with respect
to--
``(A) direct grants made to local educational agencies by
the Federal Government; and
``(B) contracts entered into between such agencies and the
Federal Government.''.
SEC. 234. BIENNIAL EVALUATION REPORT.
Section 425 of the Act (as redesignated) is amended to read
as follows:
``biennial evaluation report
``Sec. 425. Not later than March 31 of each second year
beginning with 1995, the Secretary shall transmit to the
Committee on Education and Labor of the House of
Representatives and the Committee on Labor and Human
Resources of the Senate an evaluation report on the
effectiveness of applicable programs during the two preceding
fiscal years in achieving their legislated purposes. Such
report shall--
``(1) contain program profiles that include legislative
citations, multi-year funding histories, and legislated
purposes;
``(2) contain recent evaluation information on the progress
being made toward the achievement of program objectives,
including listings of program performance indicators, data
from performance measurement based on the indicators,
evaluation information on the costs and benefits of the
applicable programs being evaluated.
``(3) contain selected significant program activities, such
as initiatives for program improvement, regulations, and
program monitoring and evaluation;
``(4) list the principal analyses and studies supporting
the major conclusions in such report; and
``(5) be prepared in concise summary form with necessary
detailed data and appendices, including available data to
indicate the effectiveness of the programs and projects by
the race, sex, disability and age of their beneficiaries.''.
SEC. 235. TECHNICAL AMENDMENT.
(a) Section 423 of the Act (as redesignated) is amended by
striking ``Commissioner'' and inserting ``Secretary''.
(b) Section 426 of the Act (as redesignated) is amended
by--
(1) striking ``title I of'' and all that follows through
``Congress)'' and inserting ``title VIII of the Elementary
and Secondary Education Act of 1965''; and
(2) striking ``subparagraph (C) of section 3(d)(2) or
section 403(1)(C)'' and inserting in lieu thereof ``sections
8003(c) or residing on property described in section
8012(4)(B)(ii)''.
SEC. 236. COORDINATION.
The National Assessment Governing Board, the Advisory
Council on Statistics, the National Education Goals Panel,
the National Education Statistics and Improvement Council,
and any other Board established to analyze, address, or
approve standards and assessments shall coordinate and
interact with one another in order to ensure that each entity
does not duplicate activities to assist States in their
efforts to reform their educational systems.
PART D--ADMINISTRATION OF EDUCATION PROGRAMS
SEC. 241. RACE-NORMING.
The Act is amended by inserting after section 426 (as
redesignated) the following new section:
``prohibition against discriminatory use of test scores
``Sec. 426A. No funds appropriated for the purpose of
carrying out any applicable program may be used to adjust the
scores of, use different scores for, or otherwise alter the
results of educational tests on the basis of race, color,
religion, sex, or national origin.''.
SEC. 242. JOINT FUNDING OF PROGRAMS.
Section 430 of the Act (as redesignated) is amended to read
as follows:
``joint funding of programs
``Sec. 430. (a)(1) The Secretary is authorized to enter
into arrangements with other Federal agencies to jointly
carry out projects of common interest, to transfer to such
agencies funds appropriated under any applicable program, and
to receive and use funds from such agencies, for projects of
common interest.
``(2) Funds so transferred or received shall be used only
in accordance with the statutes authorizing the appropriation
of such funds, and shall be made available by contract or
grant only to recipients eligible to receive such funds under
such statutes.
``(3) If the Secretary enters into an agreement under this
subsection for the administration of a project, the agency
administering the project shall use its procedures to award
contracts or grants and to administer such awards, unless the
parties to the agreement specify the use of procedures of
another agency that is a party to the agreement.
``(4) If the Secretary has entered into an agreement
authorized under subsection (a) of this section and the
Secretary and the heads of the other agencies participating
in the agreement determine that joint funding is necessary to
address a special need consistent with the purposes and
authorized activities of each program that provides funding,
the Secretary and the heads of the other participating
agencies may develop a single set of criteria for jointly
funded projects and require each applicant for those projects
to submit a single application for review by the
participating agencies.
``(b) The Secretary may develop the criteria for, and
require the submission of, joint applications under two or
more applicable programs under which awards are made on a
competitive basis, and may jointly review and approve such
applications separately from other applications under such
programs, when the Secretary determines that such joint
awards are necessary to address a special need consistent
with the purposes and authorized activities of each such
program. An applicant for such a joint award must meet the
eligibility requirements of each such program.
``(c) The Secretary may not construe the provisions of this
section to take precedence over a limitation on joint funding
contained in an applicable statute.
``(d)(1) The Secretary shall provide notice to the
Committee on Education and Labor of the House of
Representatives and to the Committee on Labor and Human
Resources of the Senate of each joint funding agreement made
with other Federal agencies not later than 60 days following
the making of such agreements.
``(2) Such notice shall include--
``(A) a description of the purpose and objectives of the
joint funding arrangement;
``(B) the amounts and sources, by program, of the funds
dedicated to such arrangement; and
[[Page 469]]
``(C) the criteria developed to govern the award of
contracts and grants.''.
SEC. 243. COLLECTION AND DISSEMINATION OF INFORMATION.
Section 431 of the Act (as redesignated) is amended by--
(1) striking ``(a) The Commissioner'' and inserting ``The
Secretary'';
(2) inserting ``and'' at the end of paragraph (2);
(3) striking ``; and'' at the end of paragraph (3) and
inserting ``.''; and
(4) striking paragraph (4) and subsections (b) and (c).
SEC. 244. REVIEW OF APPLICATIONS.
(a) Section 432 of the Act (as redesignated) is amended--
(1) in subsection (a)--
(A) by striking ``Commissioner'' and inserting
``Secretary'';
(B) by striking ``and in the case of the program provided
for in title I of the Elementary and Secondary Education Act
of 1965,'';
(C) in the third sentence thereof, by inserting a comma
after ``the hearing''; and
(D) in the fourth sentence thereof--
(i) by striking the comma after ``guidelines''; and
(ii) by inserting a comma after ``program'';
(2) in subsection (b), by striking ``Commissioner'' each
place it appears and inserting ``Secretary''; and
(3) in subsection (d), by striking ``Commissioner'' each
time it appears and inserting ``Secretary'' and by inserting
before the period ``or issue such other orders as the
Secretary may deem appropriate to achieve such compliance''.
(b) All statistics and other data collection and analysis
reported under this section shall, whenever feasible, be
collected cross-tabulated, analyzed, and reported by sex
within race or ethnicity and socioeconomic status. In the
event that the Secretary determines that such statistics or
data collection and analysis reveals no significant
differences among such categories, the Secretary shall
include in the relevant report incorporating such statistics
or data an explanation of such determination.
SEC. 245. TECHNICAL AMENDMENT.
Section 434 of the Act (as redesignated) is amended in the
first sentence by striking ``the Commissioner'' and ``he''
and inserting ``the Secretary'' in lieu of each.
SEC. 246. USE OF FUNDS WITHHELD.
Section 435 of the Act (as redesignated) is amended to read
as follows:
``use of funds withheld
``Sec. 435. (a) At any time that the Secretary makes an
allotment or reallotment to any State under any applicable
program, the Secretary shall reduce such allotment or
reallotment by such amount as the Secretary determines such
allotment or reallotment would have been reduced, had the
data on which the allotment or reallotment is based excluded
all data relating to local educational agencies of the State
that, on the date of the Secretary's action, are ineligible
to receive the Federal financial assistance involved because
of failure to comply with title VI of the Civil Rights Act of
1964, title IX of the Education Amendments of 1972, section
504 of the Rehabilitation Act of 1973, or the Age
Discrimination Act of 1975.
``(b) The Secretary may use any funds withheld under
subsection (a)--
``(1) to increase the allotments of other local educational
agencies within the State, or the allotments of all States,
in accordance with the statutes governing the program; or
``(2) for grants to local educational agencies of that
State in accordance with section 405 of the Civil Rights Act
of 1964, or for any other program administered by the
Department that is designed to enhance equity in education or
redress discrimination on the basis of race, color, national
origin, sex, age, or disability.''.
SEC. 247. APPLICATIONS.
Section 436 of the Act (as redesignated) is amended by
striking ``for three fiscal years'' and inserting ``for more
than one fiscal year''.
SEC. 248. REGULATIONS.
Section 437 of the Act (as redesignated) is amended--
(1) in the heading by striking ``: requirements and
enforcement'';
(2) in subsection (a) by--
(A) striking, in paragraph (1), ``Commissioner'' and
inserting ``Secretary''; and
(B) striking, in paragraph (2), ``Department of Health,
Education, and Welfare or the Office of Education, or by an
official of such agencies'' and inserting ``Secretary'';
(3) in subsection (b) by--
(A) striking ``Commissioner'' each place it appears and
inserting ``Secretary''; and
(B) striking the last sentence of paragraph (2)(B);
(4) in subsection (d) by--
(A) striking, in paragraph (1)--
(i) in the second sentence, ``transmission unless the
Congress shall, by concurrent resolution, find that the final
regulation is inconsistent with the Act from which it derives
its authority, and disapprove such final regulation, in whole
or in part'' and insert ``transmission'';
(ii) the last sentence; and
(iii) ``(1)'';
(B) striking paragraph (2);
(5) by striking subsections (e) and (f); and
(6) in subsection (g), by striking ``Commissioner'' each
place it appears and inserting ``Secretary''.
SEC. 249. RECORDS; REDUCTION IN RETENTION REQUIREMENTS.
Section 443 of the Act (as redesignated) is amended--
(1) in subsection (a)--
(A) by striking out ``grant, subgrant, contract,
subcontract, loan, or other arrangement (other than
procurement contracts awarded by an administrative head of an
educational agency)'' and inserting in lieu thereof ``grant,
subgrant, cooperative agreement, loan or other agreement'';
(B) by inserting ``financial or programmatic'' immediately
before ``audit.''; and
(C) by striking ``five'' in the last sentence and inserting
``three''; and
(2) in subsection (b), by striking out ``to any records of
a recipient which may be related, or pertinent to, the
grants, subgrants, contracts, subcontracts, loans, or other
arrangements'' and inserting in lieu thereof ``to any records
currently maintained by a recipient that may be related, or
pertinent to, grants, subgrants, cooperative agreements,
loans, or other arrangements''.
SEC. 250. RELEASE OF RECORDS.
Section 444(b)(1)(E) of the Act (as redesignated) is
amended to read as follows:
``(E) State and local officials or authorities to whom such
information is specifically allowed to be reported or
disclosed pursuant to State statute adopted--
``(i) before November 19, 1974, if the allowed reporting or
disclosure concerns the juvenile justice system and its
ability to effectively serve the student whose records are
released, or
``(ii) after November 19, 1974, if--
``(I) the allowed reporting or disclosure concerns the
juvenile justice system and its ability to effectively serve
the student whose records are released, and
``(II) the officials and authorities to whom such
information is disclosed certify in writing to the
educational agency or institution that the information will
not be disclosed to any other party except as provided under
State law without the prior written consent of the parent.''.
SEC. 251. PROTECTION OF PUPIL RIGHTS.
Section 445 of the Act (as redesignated) is amended to read
as follows:
``protection of pupil rights
``Sec. 445. (a) All instructional materials, including
teacher's manuals, films, tapes, or other supplementary
material which will be used in connection with any survey,
analysis, or evaluation as part of any applicable program
shall be available for inspection by the parents or guardians
of the children.
``(b) No student shall be required, as part of any
applicable program, to submit to a survey, analysis, or
evaluation that reveals information concerning--
``(1) political affiliations;
``(2) mental and psychological problems potentially
embarrassing to the student or his family;
``(3) sex behavior and attitudes;
``(4) illegal, antisocial, self-incriminating, and
demeaning behavior;
``(5) critical appraisals of other individuals with whom
respondents have close family relationships;
``(6) legally recognized privileged or analogous
relationships, such as those of lawyers, physicians, and
ministers; or
``(7) income (other than that required by law to determine
eligibility for participation in a program or for receiving
financial assistance under such program),
without the prior consent of the student (if the student is
an adult or emancipated minor), or in the case of an
unemancipated minor, without the prior written consent of the
parent.
``(c) Educational agencies and institutions shall give
parents and students effective notice of their rights under
this section.
``(d) The Secretary shall take such action as the Secretary
determines appropriate to enforce this section, except that
action to terminate assistance provided under an applicable
program shall be taken only if the Secretary determines
that--
``(1) there has been a failure to comply with such section;
and
``(2) compliance with such section cannot be secured by
voluntary means.
``(e) The Secretary shall establish or designate an office
and review board within the Department of Education to
investigate, process, review, and adjudicate violations of
the rights established under this section.''.
SEC. 252. ENFORCEMENT.
(a) Section 452 of the Act is amended--
(1) in the first sentence of paragraph (2) of subsection
(a), by striking ``stating'' and all that follows through the
end of such sentence and inserting ``establishing a prima
facia case for the recovery of funds, including an analysis
reflecting the value of the program services actually
obtained in a determination of harm to the federal
interest.'';
(2) in the first sentence of paragraph (1) of subsection
(b), by striking ``30'' and inserting ``60''; and
(3) in subsection (d) by--
(A) striking ``(d) Upon'' and inserting ``(d)(1) Upon'';
(B) adding a new paragraph (2) as follows:
``(2) During the conduct of such review, there shall not
be any ex parte contact between the Secretary and individuals
representing the Department or the recipient.''.
(b) Section 459 of the Act is amended--
(1) in paragraph (1) of subsection (a) by striking ``, and
that the recipient is in all other respects in compliance
with the requirements of that program''; and
(2) subsection (c) is amended to read as follows:
``(c) Notwithstanding any other provisions of law, the
funds made available under this
[[Page 470]]
section shall remain available for expenditure for a period
of time deemed reasonable by the Secretary, but in no case to
exceed more than 3 fiscal years following the later of--
``(1) the fiscal year in which final agency action under
section 452(e) is taken; or
``(2) if such recipient files a petition for judicial
review, the fiscal year in which final judical action under
section 458 is taken.''.
SEC. 253. TECHNICAL AMENDMENTS.
(a) The heading for Part C of the Act is amended by
striking ``Commissioner of Education'' and inserting
``Secretary''.
(b) Section 434 of the Act (as redesignated) is amended in
the second sentence thereof, by inserting ``is made'' after
``such determination''.
(c) Section 436 of the Act (as redesignated) is amended by
striking ``Commissioner'' each place it appears and inserting
``Secretary''.
(d)(1) The heading of section 440 of the Act (as
redesignated) is amended by striking ``educational''.
(2) Section 440 of the Act (as redesignated) is amended--
(A) by striking ``Commissioner'' each place it appears and
inserting ``Secretary''; and
(B) by inserting ``(c)'' before the last sentence and by
deleting ``paragraph (3)'' in such sentence and inserting
``subsection (b)(3)''.
(e) Section 441 of the Act (as redesignated) is amended--
(1) by striking ``Commissioner'' each place it appears and
inserting ``Secretary''; and
(2) in subsection (a)--
(A) by striking the comma after ``submits a plan''; and
(B) by striking ``(subject, in the case of programs under
chapter 1 and chapter 2 of title I of the Elementary and
Secondary Education Act of 1965, to the provisions of title V
of such Act)''.
(f) Section 442 of the Act (as redesignated) is amended--
(1) in subsection (a), by striking ``that local education
agency'' and inserting ``that local educational agency''; and
(2) in subsection (b)--
(A) in paragraph (2), by inserting a comma after
``program'';
(B) in paragraph (4), by striking ``Commissioner'' each
place it appears and inserting ``Secretary''; and
(C) in paragraph (7), by striking ``handicapped
individuals'' and inserting ``individuals with
disabilities''.
(g) Section 444 of the Act (as redesignated) is amended--
(1) in subsection (a)(4)(B)(ii), by striking the period at
the end thereof and inserting a semicolon;
(2) in subsection (b)--
(A) in paragraph (1)(C), by striking ``(iii) an
administrative head of an education agency (as defined in
section 408(c)), or (iv)'' and inserting ``or (iii)'';
(B) in paragraph (1)(H), by striking ``1954'' and inserting
``1986''; and
(C) in paragraph (3)--
(i) by striking ``(C) an administrative head of an
education agency or (D)'' and inserting ``or (C)''; and
(ii) by striking ``education program'' and inserting
``education programs'';
(3) in subsection (d), by inserting a comma after
``education'';
(4) in subsection (f)--
(A) by striking ``The Secretary, or an administrative head
of an education agency,'' and inserting ``The Secretary'';
(B) by striking ``provisions of'' after ``enforce'';
(C) by striking ``according to the provisions of'' and
inserting ``in accordance with''; and
(D) by striking ``the provisions of'' after ``with''; and
(5) in subsection (g)--
(A) by striking ``Health, Education, and Welfare'' and
inserting ``Education''; and
(B) by striking ``the provisions of''.
SEC. 254. EQUITY FOR STUDENTS, TEACHERS, AND OTHER PROGRAM
BENEFICIARIES.
The Act is further amended by inserting after section 426
(as redesignated) a new section 427 to read as follows:
``equity for students, teachers, and other program beneficiaries
``Sec. 427. (a) The purpose of this section is to assist
the Department in implementing its mission to ensure equal
access to education and to promote educational excellence
throughout the Nation, by ensuring equal opportunities to
participate for all eligible students, teachers, and other
program beneficiaries in any project or activity carried out
under an applicable program and promoting their ability to
meet high standards.
``(b) The Secretary shall require each applicant for
assistance under an applicable program (other than an
individual) to develop and describe in its application the
steps it proposes to take to ensure equitable access to, and
equitable participation in, the project or activity to be
conducted with such assistance, by addressing the special
needs of students, teachers, and other program beneficiaries
in order to overcome barriers to equitable participation,
including barriers based on gender, race, color, national
origin, disability, and age.
``(c) The Secretary may establish criteria and provide
technical assistance for meeting the requirements of this
section.
``(d) Nothing in this section is intended to alter in any
way the rights or responsibilities established under the
statutes cited in section 400(d) of this Act.''.
PART E--RELATED AMENDMENTS TO OTHER ACTS
SEC. 261. DEPARTMENT OF EDUCATION ORGANIZATION ACT
The Department of Education Organization Act is amended--
(1) by repealing sections 414 and 427;
(2) by redesignating sections 209, 210, 211, 212, 214, 215,
303, 304, 305, 306, 307, 415, 416, 417, 418, 419, 420, 421,
422, 423, 424, 425, 426, and 428 as sections 208, 209, 210,
211, 212, 213, 302, 303, 304, 305, 306, 414, 415, 416, 417,
418, 419, 420, 421, 422, 423, 424, 425, and 426;
(3) the table of contents is amended to read as follows:
``TABLE OF CONTENTS
``Sec. 1. Short title; table of contents.
``TITLE I--GENERAL PROVISIONS
``Sec. 101. Findings.
``Sec. 102. Purposes.
``Sec. 103. Federal-State Relationships.
``Sec. 104. Definitions.
``TITLE II--ESTABLISHMENT OF THE DEPARTMENT
``Sec. 201. Establishment.
``Sec. 202. Principal officers.
``Sec. 203. Office for Civil Rights.
``Sec. 204. Office of Elementary and Secondary Education.
``Sec. 205. Office of Postsecondary Education.
``Sec. 206. Office of Vocational and Adult Education.
``Sec. 207. Office of Special Education and Rehabilitative Services.
``Sec. 208. Office of Educational Research and Improvement.
``Sec. 209. Office of Bilingual Education and Minority Languages
Affairs.
``Sec. 210. Office of General Counsel.
``Sec. 211. Office of Inspector General.
``Sec. 212. Office of Correctional Education.
``Sec. 213. Federal Interagency Committee on Education.
``TITLE III--TRANSFERS OF AGENCIES AND FUNCTIONS
``Sec. 301. Transfers from the Department of Health, Education, and
Welfare.
``Sec. 302. Transfers from the Department of Labor.
``Sec. 303. Transfers of programs from the National Science Foundation.
``Sec. 304. Transfers from the Department of Justice.
``Sec. 305. Transfers from the Department of Housing and Urban
Development.
``Sec. 306. Effect of transfers.
``TITLE IV--ADMINISTRATIVE PROVISIONS
``Part A--Personnel Provisions
``Sec. 401. Officers and employees.
``Sec. 402. Experts and consultants.
``Sec. 403. Personnel reduction and annual limitations.
``Part B--General Administrative Provisions
``Sec. 411. General authority.
``Sec. 412. Delegation.
``Sec. 413. Reorganization.
``Sec. 414. Contracts.
``Sec. 415. Regional and field offices.
``Sec. 416. Acquisition and maintenance of property.
``Sec. 417. Facilities at remote locations.
``Sec. 418. Use of facilities.
``Sec. 419. Copyrights and patents.
``Sec. 420. Gifts and bequests.
``Sec. 421. Technical advice.
``Sec. 422. Working capital fund.
``Sec. 423. Funds transfer.
``Sec. 424. Seal of department.
``Sec. 425. Annual report.
``Sec. 426. Authorization of appropriations.
``TITLE V--TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS
``Sec. 501. Transfer and allocation of appropriations and personnel.
``Sec. 502. Effect on personnel.
``Sec. 503. Agency terminations.
``Sec. 504. Incidental transfers.
``Sec. 505. Savings provisions.
``Sec. 506. Separability.
``Sec. 507. Reference.
``Sec. 508. Amendments.
``Sec. 509. Redesignation.
``Sec. 510. Coordination of programs affecting handicapped individuals.
``Sec. 511. Transition.
``TITLE VI--EFFECTIVE DATE AND INTERIM APPOINTMENTS
``Sec. 601. Effective date.
``Sec. 602. Interim appointments.''.
(4) in section 202(b), by inserting after paragraph (2) the
following:
``(3) There shall be in the Department, a Special Assistant
for Gender Equity who shall be appointed by the Secretary.
The Special Assistant shall promote, coordinate, and evaluate
gender equity programs, including the dissemination of
information, technical assistance, coordination of research
activities, and the administration of grant programs. The
Special Assistant shall report directly to the Secretary, and
shall perform such additional functions as the Secretary
shall prescribe.''.
TITLE III--AMENDMENTS TO OTHER ACTS
PART A--AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT
SEC. 311. ALLOCATIONS UNDER SECTION 611 OF THE IDEA.
(a) Grant Amounts.--Section 611(a) of the Individuals with
Disabilities Education Act
[[Page 471]]
(referred to in this title as the ``IDEA'') is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Except as provided in paragraph (5), the maximum amount
of the grant for which a State is eligible under this section
for any fiscal year is--
``(A) the sum of--
``(i) the number of children with disabilities in the
State, aged six through 21, who are receiving special
education and related services, as determined under paragraph
(3); and
``(ii) the number of such children in the State, aged three
through five, if the State is eligible for a grant under
section 619; multiplied by
``(B) 40 percent of the average per-pupil expenditure in
public elementary and secondary schools in the United
States.'';
(2) by amending paragraph (2) to read as follows:
``(2) For the purpose of this section, the term `State'
means each of the 50 States, the District of Columbia, and
the Commonwealth of Puerto Rico.''; and
(3) in paragraph (5)(A)--
(A) in clause (i)--
(i) by striking ``and the State'' and inserting ``or the
combined percentage of such children counted by the Secretary
for the purpose of making fiscal year 199-- allocations under
this section and under subpart 2 of part D of chapter 1 of
title I of the Elementary and Secondary Education Act of
1965, as in effect the day before the date of the enactment
of the Improving America's Schools Act of 1994, whichever is
greater, if the State''; and
(ii) by inserting ``and'' at the end therof;
(B) in clause (ii)--
(i) by striking ``and the State'' and inserting ``or the
combined percentage of such children counted by the Secretary
for the purpose of making fiscal year 1994 allocations under
this section and under subpart 2 of part D of chapter 1 of
title I of the Elementary and Secondary Education Act of
1965, as in effect the day before the date of the enactment
of the Improving America's Schools Act of 1994, whichever is
greater, if the State''; and
(ii) by striking out the semicolon and ``and'' at the end
thereof and inserting in lieu thereof a period; and
(C) by striking out clause (iii).
(b) Amount Received.--Section 611(b) of the IDEA is amended
to read as follows:
``(b)(1) Notwithstanding subsections (a) and (g) of this
section, no State shall receive an amount under this section
for any of the fiscal years 1995 through 1999 that is less
than the combined amount it received for fiscal year 1994
under--
``(A) this section; and
``(B) subpart 2 of part D of chapter 1 of title I of the
Elementary and Secondary Education Act of 1965 as in effect
the day before the date of the enactment of the Improving
America's Schools Act of 1994, for children with disabilities
aged three through 21.
``(2) If, for fiscal year 1998 or 1999, the number of
children determined under subsection (a)(3) for any State is
less than the total number of children with disabilities,
aged three through 21, counted for such State's fiscal year
1994 grants under this section and under subpart 2 of part D
of chapter 1 of title I of the Elementary and Secondary
Education Act of 1965, as in effect the day before the date
of the enactment of the Improving America's Schools Act of
1994, the amount determined under paragraph (1) for such
State shall be reduced by the same percentage by which the
number of such children so declined.
``(3) In any fiscal year in which the amount appropriated
for grants under this section is less, in real dollar terms,
than the amount appropriated in the immediate preceding
fiscal year, the amount for each State under this subsection
will be reduced proportionately.''.
(c) Uses of Funds.--Section 611(c) of the IDEA is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Of the funds received under subsection (a) by any
State for any fiscal year--
``(A) the State may use up to 25 percent in accordance with
paragraph (2); and
``(B) except as provided in paragraph (4), the State shall
distribute at least 75 percent to local educational agencies
and intermediate educational units, in accordance with
subsection (d), for use in accordance with priorities
established under section 612(3).'';
(2) in paragraph (2), by amending subparagraph (A) to read
as follows:
``(A) From the funds that any State may use under paragraph
(1)(A) for any fiscal year, the State--
``(i) may use 5 percent of the funds received under this
section or $450,000, whichever is greater, for administrative
costs related to carrying out sections 612 and 613; and
``(ii) shall use the remainder--
``(I) to provide support services and direct services,
subject to subparagraph (B), in accordance with priorities
established under section 612(3); and
``(II) for the administrative costs of monitoring and
complaint investigation, but only to the extent that such
costs exceed the costs of administration incurred during
fiscal year 1985.''.
(d) State Funds.--Section 611(d) of the IDEA is amended to
read as follows:
``(d)(1) From the total amount of funds available for any
fiscal year under subsection (c)(1)(B), the State shall
provide to each local educational agency or intermediate
educational unit an amount that bears the same ratio to such
total amount as the number of children, aged 3 through 21,
determined under subsection (a)(3) for such agency or unit
bears to the total number of such children determined for all
such agencies and units that apply for such funds.
``(2)(A) To the extent necessary, the State--
``(i) shall use funds available under subsection
(c)(2)(A)(ii) to ensure that each State-owned or State-
operated school or program or State-supported school or
program that received fiscal year 1994 funds under subpart 2
of part D of chapter 1 of title I of the Elementary and
Secondary Education Act of 1965 receives, from the
combination of such funds and funds provided under paragraph
(1), an amount equal to--
``(I) the number of children, aged 6 through 21, determined
under subsection (a)(3) for such agency; multiplied by
``(II) the per-child amount provided under such subpart for
fiscal year 1994; and
``(ii) may use such funds to ensure that each local
educational agency that received fiscal year 1994 funds under
such subpart for children who had transferred from a State-
owned, State-operated, or State-supported school or program
assisted under such subpart receives, from the combination of
such funds and funds provided under paragraph (1), an amount
for each such child, aged 3 through 21, determined under
subsection (a)(3) for such agency, equal to the per-child
amount the agency received under such subpart for fiscal year
1994.
``(B) For the purpose of subparagraph (A), the number of
children determined under subsection (a)(3) for any State
agency or local educational agency shall not exceed the
number of children aged 3 through 21 for whom such agency
received funds under such subpart for such fiscal year.
``(3) In any fiscal year in which the amount appropriated
for grants under this section is less, in real dollar terms,
than the amount appropriated in the preceding fiscal year,
the amount for each State under this subsection will be
reduced proportionately.''.
(e) Jurisdiction.--Section 611(e)(1) of the IDEA is amended
to read as follows:
``(1) The jurisdictions to which this subsection applies are
Guam, American Samoa, the Virgin Islands, the Commonwealth of
the Northern Mariana Islands, and Palau (until the effective
date of the Compact of Free Association with the Government
of Palau).''.
(f) Possible Ratable Reduction.--Section 611(g) of the IDEA
is amended to read as follows:
``(g)(1)(A) If the sums appropriated under subsection (h)
for any fiscal year are not sufficient to pay in full the
total of the amounts that all States are eligible to receive
under subsection (a), each such amount shall be ratably
reduced.
``(B) If additional funds become available for making such
payments for any fiscal year, such reduced amounts shall be
increased on the same basis as they were reduced.
``(C) Any State that receives any such additional funds
shall distribute them in accordance with this section, except
that any State that has used funds available under subsection
(c)(2)(A)(ii) for the purposes described in subsection (d)(2)
may--
``(i) deduct, from the amount that it would otherwise be
required to make available to local educational agencies and
intermediate educational units, the same amount of such
additional funds as it so used; and
``(ii) use such funds in accordance with subsection
(c)(2)(A)(ii).
``(2)(A) In any fiscal year for which payments have been
reduced and additional funds have not been made available
under paragraph (1) to pay in full the amounts for which all
States are eligible under this section, each State
educational agency shall fix dates by which each local
educational agency or intermediate educational unit shall
report to the State agency the amount of funds available to
it under this section that it estimates it will expend.
``(B) The State educational agency shall, in accordance
with this section, reallocate any funds that it determines
will not be used during the period of availability by such
local educational agencies and intermediate educational
units, and by any such agency or unit to which such funds
would be available if it applied for them under this part, to
such local educational agencies and intermediate educational
units that the State educational agency determines will need,
and be able to use, additional funds to carry out approved
programs.''.
SEC. 312. TREATMENT OF CHAPTER 1 STATE AGENCIES.
Part B of the IDEA is further amended by inserting after
section 614 the following new section:
``TREATMENT OF CHAPTER 1 STATE AGENCIES
``Sec. 614A. (a) For the purpose of making payments under
sections 611 and 619 of this Act, any State agency that
received funds for fiscal year 1994 under subpart 2 of part D
of chapter 1 of title I of the Elementary and Secondary
Education Act of 1965 shall be treated as if it were a local
educational agency.
``(b) The State educational agency shall ensure that each
State agency that owns or operates or supports a program or
school for children with disabilities with funds under this
part--
``(1) provides each child with a disability in such school
or program a free appropriate public education in accordance
with this part, including the due process protections of
[[Page 472]]
section 615, as if it were a local educational agency; and
``(2) has on file with the State educational agency an
application that meets the requirements of section 614 that
the Secretary finds appropriate.
``(c) Section 611(c)(4) shall not apply with respect to a
State agency that is eligible for a payment under this part
by virtue of this section.''.
SEC. 313. INFANTS AND TODDLERS WITH DISABILITIES.
(a) Allotments.--Section 684(c) of the IDEA is amended--
(1) by redesignating paragraph (2) as paragraph (5); and
(2) by striking paragraph (1) and inserting paragraphs (1)
through (4) to read as follows:
``(1) Except as provided in paragraphs (3) and (4), from the
funds remaining for each fiscal year after the reservation
and payments under subsections (a) and (b), the Secretary
shall first allot to each State an amount that bears the same
ratio to the amount of such remainder as the number of
infants and toddlers in the State bears to the number of
infants and toddlers in all States.
``(2) For fiscal year 1995 only, the Secretary shall allot
$34,000,000 of the remaining funds described in paragraph (1)
among the States in proportion to the relative numbers of
infants and toddlers who--
``(A) are counted on December 1, 1994; and
``(B) would have been eligible to be counted under section
1221(c)(1) of the Elementary and Secondary Education Act of
1965 as in effect before the enactment of the Improving
America's Schools Act of 1994.
``(3) Except as provided in paragraph (4), no State shall
receive an amount under this section for any fiscal year that
is less than the greater of--
``(A) one-half of one percent of the remaining amount
described in paragraph (1), not including any amounts
allotted under paragraph (2); or
``(B) $500,000.
``(4)(A) No State shall receive an amount under this
section for any of the fiscal years 1995 through 1999 that is
less than the combined amount it received for fiscal year
1994 under--
``(i) this part; and
``(ii) subpart 2 of part D of chapter 1 of title I of the
Elementary and Secondary Education Act of 1965 for children
with disabilities from birth through age two.
``(B) If, for fiscal year 1998 or 1999, the number of
infants and toddlers in any State, as determined under
paragraph (1), is less than the number of infants and
toddlers so determined for fiscal year 1994, the amount
determined under subparagraph (A) for that State shall be
reduced by the same percentage by which the number of those
infants and toddlers so declined.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect beginning in fiscal year 1995.
PART B--EDUCATION FOR HOMELESS CHILDREN AND YOUTH
SEC. 320. AMENDMENTS TO TABLE OF CONTENTS.
Section 101 of the Stewart B. McKinney Homeless Assistance
Act is amended by striking subtitles A and B of title VII and
inserting the following:
``Subtitle A--Adult Education for the Homeless
``Sec. 701. State literacy initiatives
``Subtitle B--Education for Homeless Children and Youth
``Sec. 721. Statement of policy.
``Sec. 722. Grants for state and local activities for the education of
homeless children and youth.
``Sec. 723. Local educational agency grants for the education of
homeless children and youth.
``Sec. 724. Secretarial responsibilities.
``Sec. 725. Definitions.
``Sec. 726. Authorization of appropriations.''.
SEC. 321. STATEMENT OF POLICY.
Subtitle A of title VII of the Stewart B. McKinney Homeless
Assistance Act is amended to read as follows:
``Subtitle A--Adult Education for the Homeless
``SEC. 701. STATE LITERACY INITIATIVES.
``(a) General Authority.--(1) The Secretary of Education is
authorized to make grants to State educational agencies to
enable each such agency to implement, either directly or
through contracts and grants, a program of literacy training
and academic remediation for adult homeless individuals
within the State, which program shall--
``(A) include outreach activities; and
``(B) be coordinated with other agencies or organizations,
such as community-based organizations, nonprofit literacy-
action organizations, and funding recipients under the Adult
Education Act, title II of the Job Training Partnership Act,
the Youth Fair Chance program under title IV of the Job
Training Partnership Act, the Volunteers in Service to
America program under the Domestic Volunteers Service Act,
part C of this title, or the Job Opportunity and Basic Skills
program under the Social Security Act.
``(2) The Secretary of Education shall, in awarding grants
under this section, give special consideration to the
estimates submitted in the application submitted under
subsection (b) and make such awards in whatever amounts he or
she determines would best serve the purposes of this section.
``(b) Application.--Each State educational agency desiring
to receive a grant under this section shall submit to the
Secretary of Education an application at such time, in such
manner, and containing such information as the Secretary may
reasonably require. Each such application shall include an
estimate of the number of homeless individuals in the State
and the number of such individuals expected to be served.
``(c) Authorization of Appropriations.--For the purpose of
carrying out the adult literacy and academic remediation
programs authorized by this section, there are authorized to
be appropriated such sums as may be necessary for each of the
fiscal years 1995 through 1999.
``(d) Definition.--As used in this section, the term
`State' means each of the 50 States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and Palau (until the effective date
of the Compact of Free Association with the Government of
Palau).''.
SEC. 322. EDUCATION FOR HOMELESS CHILDREN AND YOUTH.
Subtitle B of title VII of the Stewart B. McKinney Homeless
Assistance Act is amended to read as follows:
``Subtitle B--Education for Homeless Children and Youth
``SEC. 721. STATEMENT OF POLICY.
``It is the policy of the Congress that--
``(1) each State educational agency shall ensure that each
child of a homeless individual and each homeless youth has
equal access to the same free, appropriate public education,
including a public preschool education, as provided to other
children and youth;
``(2) in any State that has a compulsory residency
requirement as a component of its compulsory school
attendance laws or other laws, regulations, practices, or
policies that may act as a barrier to the enrollment,
attendance, or success in school of homeless children and
youth, the State will review and undertake steps to revise
such laws, regulations, practices, or policies to ensure that
homeless children and youth are afforded the same free,
appropriate public education as provided to other children
and youth;
``(3) homelessness alone should not be sufficient reason to
separate students from the mainstream school environment; and
``(4) homeless children and youth should have access to the
education and other services that they need to ensure that
they have an opportunity to meet the same challenging State
performance standards to which all students are held.
``SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE
EDUCATION OF HOMELESS CHILDREN AND YOUTH.
``(a) General Authority.--The Secretary is, in accordance
with the provisions of this section, authorized to make
grants to States to carry out the activities described in
subsections (d), (e), (f), and (g).
``(b) Application.--No State may receive a grant under this
section unless the State educational agency submits an
application to the Secretary at such time, in such manner,
and containing or accompanied by such information as the
Secretary may reasonably require.
``(c) Allocation and Reservations.--(1) Subject to
paragraph (2) and section 724(c), from the amounts
appropriated for each fiscal year pursuant to section 726,
the Secretary is authorized to allot to each State an amount
that bears the same ratio to the amount appropriated in each
such year as the amount allocated under section 1122 of the
Elementary and Secondary Education Act of 1965 to the State
in that year bears to the total amount allocated to all
States, except that no State shall receive less than
$100,000.
``(2)(A) The Secretary is authorized to reserve 0.1 percent
of the amount appropriated for each fiscal year pursuant to
section 726 to be allocated by the Secretary among the Virgin
Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and Palau (until the effective date
of the Compact of Free Association with the Government of
Palau), according to their respective need, as determined by
the Secretary.
``(B)(i) The Secretary is authorized to transfer one
percent of the amount appropriated for each fiscal year under
section 726 to the Department of the Interior for programs
for Indian students served by schools funded by the Secretary
of the Interior, as determined under the Indian Self-
Determination and Education Assistance Act, that are
consistent with the purposes of this Act.
``(ii) The Secretary and the Secretary of the Interior
shall enter into an agreement, consistent with the
requirements of this part, for the distribution and use of
these funds under terms that the Secretary determines best
meet the purposes of the covered programs. Such agreement
shall set forth the plans of the Secretary of the Interior
for the use of the amounts transferred, including appropriate
goals, objectives, and milestones.
``(3) As used in this subsection, the term `State' shall
not include the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, or Palau.
``(d) Activities.--Grants under this section shall be
used--
``(1) to carry out the policies set forth in section 721 in
the State;
``(2) to provide activities for, and services to, homeless
children, including preschool-aged children, and homeless
youth that enable such children and youth to enroll in,
attend, and succeed in school, or, if appropriate, in
preschool programs;
``(3) to establish or designate an Office of Coordinator of
Education of Homeless Chil-
[[Page 473]]
dren and Youth in the State educational agency in accordance
with subsection (f);
``(4) to prepare and carry out the State plan described in
subsection (g); and
``(5) to develop and implement professional development
programs for school personnel to heighten their awareness of,
and capacity to respond to, specific problems in the
education of homeless children and youth.
``(e) State and Local Grants.--(1)(A) Subject to
subparagraph (B), if the amount allotted to the State
educational agency for any fiscal year under this subtitle
exceeds the amount such agency received for fiscal year 1990
under this subtitle, such agency shall provide grants to
local educational agencies for purposes of section 723.
``(B) The State educational agency may reserve not more
than the greater of five percent of the amount it receives
under this subtitle for any fiscal year, or the amount such
agency received under this subtitle for fiscal year 1990, to
conduct activities under subsection (f) directly or through
grants or contracts.
``(2) If the amount allotted to a State educational agency
for any fiscal year under this subtitle is less than the
amount such agency received for fiscal year 1990 under this
subtitle, such agency, at its discretion, may provide such
grants or may conduct activities under subsection (f)
directly or through grants or contracts.
``(f) Functions of the Office of Coordinator.--The
Coordinator of Education of Homeless Children and Youth
established in each State shall--
``(1) estimate the number of homeless children and youth in
the State and the number of such children and youth served
with assistance provided under the grants under this
subtitle;
``(2) gather, to the extent possible, reliable, valid, and
comprehensive information on the nature and extent of the
problems homeless children and youth have in gaining access
to public preschool programs and to public elementary and
secondary schools, the difficulties in identifying the
special needs of such children and youth, any progress made
by the State educational agency and local educational
agencies in the State in addressing such problems and
difficulties, and the success of the program under this
subtitle in allowing homeless children and youth to enroll
in, attend, and succeed in school;
``(3) develop and carry out the State plan described in
subsection (g);
``(4) prepare and submit to the Secretary not later than
October 1, 1997, and on October 1 of every third year
thereafter, a report on the information gathered pursuant to
paragraphs (1) and (2) and such additional information as the
Secretary may require to carry out responsibilities under
this subtitle;
``(5) facilitate coordination between the State educational
agency, the State social services agency, and other agencies
providing services to homeless children and youth and their
families, including children who are preschool age; and
``(6) develop relationships and coordinate with other
relevant education, child development, or preschool programs
and providers of services to homeless children, homeless
families, and runaway and homeless youth (including domestic
violence agencies, shelter operators, transitional housing
facilities, runaway and homeless youth centers, and
transitional living programs for homeless youth), to improve
the provision of comprehensive services to homeless children
and youth and their families.
``(g) State Plan.--(1) Each State shall submit to the
Secretary a plan to provide for the education of homeless
children and youth within the State, which plan shall
describe how such children and youth are or will be given the
opportunity to meet the same challenging State performance
standards all students are expected to meet, shall describe
the procedures the State educational agency will use to
identify such children and youth in the State and to assess
their special needs, and shall--
``(A) describe procedures for the prompt resolution of
disputes regarding the educational placement of homeless
children and youth;
``(B) describe programs for school personnel (including
principals, attendance officers, teachers and enrollment
personnel), to heighten the awareness of such personnel of
the specific needs of runaway and homeless youth;
``(C) describe procedures that ensure that homeless
children and youth who meet the relevant eligibility criteria
are able to participate in Federal, State, or local food
programs;
``(D) describe procedures that ensure that--
``(i) homeless children have equal access to the same
public preschool programs, administered by the State agency,
as provided to other children; and
``(ii) homeless children and youth who meet the relevant
eligibility criteria are able to participate in Federal,
State, or local before- and after-school care programs;
``(E) address problems set forth in the report provided to
the Secretary under subsection (f)(4);
``(F) address other problems with respect to the education
of homeless children and youth, including problems caused
by--
``(i) transportation issues; and
``(ii) enrollment delays that are caused by--
``(I) immunization requirements;
``(II) residency requirements;
``(III) lack of birth certificates, school records, or
other documentation; or
``(IV) guardianship issues;
``(G) demonstrate that the State and local educational
agencies in the State have developed, and will review and
revise, policies to remove barriers to the enrollment and
retention of homeless children and youth in schools in the
State; and
``(H) contain an assurance that the State educational
agency and local educational agencies in the State will adopt
policies and practices to ensure that homeless children and
youth are not isolated or stigmatized.
``(2) Each plan adopted under this subsection shall also
show how the State will ensure that local educational
agencies in the State will comply with the requirements of
paragraphs (3) through (9).
``(3)(A) The local educational agency that serves each
homeless child and youth shall, according to the child's or
youth's best interest, either--
``(i) continue the child's or youth's education in the
school of origin--
``(I) for the remainder of the academic year; or
``(II) in any case in which a family becomes homeless
between academic years, for the following academic year; or
``(ii) enroll the child or youth in any public school that
nonhomeless students who live in the attendance area in which
the child or youth is actually living are eligible to attend.
``(B) In determining the best interests of the child or
youth under subparagraph (A), the local educational agency
shall comply, to the extent possible, with the request made
by a parent or guardian regarding school selection.
``(C) For purposes of this paragraph, the term `school of
origin' means the school that the child or youth attended
when permanently housed, or the school in which the child or
youth was last enrolled.
``(D) The choice regarding placement shall be made
regardless of whether the child or youth lives with the
homeless parents or has been temporarily placed elsewhere by
the parents.
``(4) Each homeless child or youth shall be provided
services comparable to services offered to other students in
the school selected according to the provisions of paragraph
(3), including--
``(A) transportation services;
``(B) educational services for which the child or youth
meets the eligibility criteria, such as services provided
under title I of the Elementary and Secondary Education Act
of 1965 or similar State or local programs, educational
programs for children with disabilities, and educational
programs for students with limited-English proficiency;
``(C) programs in vocational education;
``(D) programs for gifted and talented students; and
``(E) school meals programs.
``(5) Any record ordinarily kept by the school, including
immunization records, academic records, birth certificates,
guardianship records, and evaluations for special services or
programs, of each homeless child or youth shall be
maintained--
``(A) so that the records are available, in a timely
fashion, when a child or youth enters a new school district;
and
``(B) in a manner consistent with section 438 of the
General Education Provisions Act.
``(6) Each local educational agency serving homeless
children and youth that receives assistance under this
subtitle shall coordinate with local social services agencies
and other agencies or programs providing services to such
children or youth and their families, including services and
programs funded under the Runaway and Homeless Youth Act.
``(7)(A) Each local educational agency in a State that
receives a grant under this subtitle shall designate a
homelessness liaison to ensure that--
``(i) homeless children and youth enroll and succeed in the
schools of such agency; and
``(ii) homeless families, children, and youth receive
educational services for which they are eligible, including
preschool programs administered by the local educational
agency, and referrals to health care services, dental
services, mental health services, and other appropriate
services.
``(B) State coordinators and local educational agencies
shall inform school personnel, service providers, and
advocates working with homeless families of the duties of the
liaisons.
``(8) Each State and local educational agency shall review
and revise any policies that may act as barriers to the
enrollment of homeless children and youth in schools selected
in accordance with paragraph (3). In reviewing and revising
such policies, consideration shall be given to issues
concerning transportation, immunization, residency, birth
certificates, school records, and other documentation, and
guardianship. Special attention shall be given to ensuring
the enrollment and attendance of homeless children and youth
who are not currently attending school.
``SEC. 723. LOCAL EDUCATIONAL AGENCY GRANTS FOR THE EDUCATION
OF HOMELESS CHILDREN AND YOUTH.
``(a) General Authority.--(1) The State educational agency
shall, in accordance with section 722(e) and with amounts
made available to such agency under section 726, make grants
to local educational agencies for the purpose of facilitating
the enrollment, attendance, and success in school of homeless
children and youth.
``(2) Unless otherwise specified, services under paragraph
(1) may be provided through programs on school grounds or at
other facilities. Where services are provided through
programs to homeless students on school
[[Page 474]]
grounds, schools may provide services to other children and
youth who are determined by the local educational agency to
be at risk of failing in, or dropping out of, schools, on an
incidental basis. To the maximum extent practicable, services
shall be provided through existing programs and mechanisms
that integrate homeless individuals with nonhomeless
individuals.
``(3) Services provided under this section are not intended
to replace the regular academic program and shall be designed
to expand upon or improve services provided as part of the
school's regular academic program.
``(b) Application.--A local educational agency that desires
to receive a grant under this section shall submit an
application to the State educational agency at such time, in
such manner, and containing or accompanied by such
information as the State educational agency may reasonably
require according to guidelines issued by the Secretary. Each
such application shall include--
``(1) a description of the services and programs for which
assistance is sought and the problems to be addressed through
the provision of such services and programs;
``(2) an assurance that the local educational agency's
combined fiscal effort per student or the aggregate
expenditures of that agency and the State with respect to the
provision of free public education by such agency for the
preceding fiscal year was not less than 90 percent of such
combined fiscal effort or aggregate expenditures for the
second preceding fiscal year;
``(3) an assurance that the applicant complies with, or
will use requested funds to come into compliance with,
paragraphs (3) through (9) of section 722(g); and
``(4) a description of policies and procedures that the
agency will implement to ensure that activities carried out
by the agency will not isolate or stigmatize homeless
children and youth.
``(c) Awards.--(1) The State educational agency shall, in
accordance with section 722(g) and with amounts made
available to such agency under section 726, award grants
under this section to local educational agencies submitting
an application under subsection (b) on the basis of the need
of such agencies.
``(2) In determining need under paragraph (1), the State
educational agency may consider the number of homeless
children and youth enrolled in preschool, elementary, and
secondary schools within the area served by the agency, and
shall consider the needs of such children and youth and the
ability of the agency to meet such needs. Such agency may
also consider--
``(A) the extent to which the proposed use of funds would
facilitate the enrollment, retention, and educational success
of homeless children and youth;
``(B) the extent to which the application reflects
coordination with other local and State agencies that serve
homeless children and youth, as well as the State plan
required by section 722(g);
``(C) the extent to which the applicant exhibits in the
application and in current practice a commitment to education
for all homeless children and youth; and
``(D) such other criteria as the agency determines
appropriate.
``(3) Grants awarded under this section shall be for terms
not to exceed three years.
``(d) Authorized Activities.--(1) A local educational
agency may use funds awarded under this section for
activities to carry out the purpose of this subtitle,
including--
``(A) the provision of tutoring and accelerated instruction
and enriched educational services that are linked to the
achievement of the same challenging standards the State
establishes for other children or youth;
``(B) the provision of expedited evaluations of the
strengths and needs of homeless children and youth, including
needs and eligibility for programs and services (such as
educational programs for gifted and talented students,
children with disabilities, and students with limited-English
proficiency, services provided under title I of the
Elementary and Secondary Education Act of 1965 or similar
State or local programs, programs in vocational education,
and school meals programs);
``(C) professional development and other activities for
educators and other school personnel that is designed to
heighten the understanding and sensitivity of such personnel
to the needs of homeless children and youth, the rights of
such children and youth under this Act, and the specific
educational needs of runaway and homeless youth;
``(D) the provision of referral services to homeless
children and youth for medical, dental, mental, and other
health services;
``(E) the provision of assistance to defray the excess cost
of transportation for students pursuant to sections 722(g)(4)
or 722(g)(9), not otherwise provided through Federal, State,
or local funding, where necessary to enable students to
attend the school selected under section 722(g)(3);
``(F) the provision of developmentally appropriate early
childhood education programs, not otherwise provided through
Federal, State, or local funding, for preschool-aged
children;
``(G) the provision of before- and after-school, mentoring,
and summer programs for homeless children and youth in which
a teacher or other qualified individual provides tutoring,
homework assistance, and supervision of educational
activities;
``(H) where necessary, the payment of fees and other costs
associated with tracking, obtaining, and transferring records
necessary to enroll homeless children and youth in school,
including birth certificates, immunization records, academic
records, guardianship records, and evaluations for special
programs or services;
``(I) the provision of education and training to the
parents of homeless children and youth about the rights of,
and resources available to, such children and youth;
``(J) the development of coordination between schools and
agencies providing services to homeless children and youth,
including programs funded under the Runaway and Homeless
Youth Act;
``(K) the provision of counseling (including violence
prevention counseling), social work, and psychological
services, and referrals for such services;
``(L) activities to address the particular needs of
homeless children and youth that may arise from domestic
violence;
``(M) the adaptation of space and purchase of supplies for
nonschool facilities made available under subsection (a)(2)
to provide services under this subsection;
``(N) the provision of school supplies; and
``(O) the provision of other extraordinary or emergency
assistance needed to enable homeless children and youth to
attend school.
``SEC. 724. SECRETARIAL RESPONSIBILITIES.
``(a) Review of Plans.--In reviewing the State plans
submitted by the State educational agencies under section
722(g), the Secretary shall use a peer review process and
shall evaluate whether State laws, policies, and practices
described in such plans adequately address the problems of
homeless children and youth relating to access to education
and placement as described in such plans.
``(b) Technical Assistance.--The Secretary shall provide
support and technical assistance to the State educational
agencies to assist such agencies to carry out their
responsibilities under this subtitle.
``(c) Evaluation and Dissemination.--The Secretary shall
conduct evaluation and dissemination activities of programs
designed to meet the educational needs of homeless elementary
and secondary school students, and may use funds appropriated
under section 726 to conduct such activities.
``(d) Submission and Distribution.--The Secretary shall
require applications for grants under this subtitle to be
submitted to the Secretary not later than the expiration of
the 60-day period beginning on the date that funds are
available for purposes of making such grants and shall make
such grants not later than the expiration of the 120-day
period beginning on such date.
``(e) Determination by Secretary.--The Secretary, based on
the information received from the States and information
gathered by the Secretary under subsection (d), shall
determine the extent to which State educational agencies are
ensuring that each homeless child and homeless youth has
access to a free appropriate public education as described in
section 721(1).
``(f) Reports.--The Secretary shall prepare and submit a
report to the Committee on Education and Labor of the House
of Representatives and the Committee on Labor and Human
Resources of the Senate on the programs and activities
authorized by this subtitle by December 31, 1997, and every
third year thereafter.
``SEC. 725. DEFINITIONS.
``For the purpose of this subtitle, unless otherwise
stated--
``(1) The term `Secretary' means the Secretary of
Education.
``(2) The term `State' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this subtitle, there are
authorized to be appropriate $30,000,000 for fiscal year 1995
and such sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.''.
PART C--IMPACT AID STATUTES
SEC. 331. AMENDMENTS TO PUBLIC LAW 815.
(a) Section 2.--Section 2 of the Act of September 23, 1950
(Public Law 815, 81st Congress; 20 U.S.C. 632) is amended to
read as follows:
``SEC. 2. PORTION OF APPROPRIATIONS AVAILABLE FOR PAYMENTS.
``For each fiscal year the Secretary shall distribute the
funds appropriated in accordance with section 1 which shall
be available for carrying out the provisions of sections 5,
9, 10, and 14. The funds provided under section 1 for the
schools serving military dependents and Indian lands shall be
divided equally between section 5 and section 14 of this Act.
Funds provided under section 5 of this Act shall be divided
equally between the priority categories of section 1(a)(1)
and 1(a)(2) of this Act.''.
(b) Section 3.--Section 3 of such Act (20 U.S.C. 633) is
amended to read as follows:
``SEC. 3. ESTABLISHMENT OF PRIORITIES.
``Applications for construction or modification projects
provided for under this Act must be filed by June 30 of the
fiscal year prior to the year in which funds are first
requested. The Secretary shall use the following order of
priority in approving applications under section 5 and funded
in accordance with section 1(a)(1) and section 1(a)(2) of
this Act. The priority of payment of application under
section 1(a)(1) shall be based on the highest percentage of
number of children in need of minimum school facilities. The
priority of payment of applications under section 1(a)(2)
shall be based on the highest percentage of federally
connected students
[[Page 475]]
eligible for payment. The Secretary shall use the priorities
stated in this section in approving applications in the event
the funds appropriated under section 1 of this title and
remaining available on any such date for payment to local
educational agencies are less than the Federal share of the
cost of the projects with respect to which applications have
been filed prior to such date (and for which funds under
section 1 have not already been obligated). Only applications
meeting the conditions for approval under this Act (other
than section 6(b)(2)(C)) shall be considered applications for
purposes of the preceding sentence. Such order of priority
shall provide that applications payments based upon increases
in the number of children residing on, or residing with a
parent employed on property which is party of a low-rent
housing project assisted under the United States Housing Act
of 1937 shall not be approved for any fiscal year until all
other applications under paragraph (2) of subsection (a) of
section 5 have been approved for the fiscal year.''.
(c) Section 5.--Section 5 of such Act (20 U.S.C. 635) is
amended to read as follows:
``SEC. 5. LIMITATION ON TOTAL PAYMENTS TO ANY LOCAL
EDUCATIONAL AGENCY.
``(a) Subject to the limitations in subsection (c) the
total of the payments to a local educational agency under
this Act may not exceed the sum of--
``(1) the estimated increase, since the base year, in the
number of children determined with respect to such agency who
live on Federal property and have a parent who works on
Federal property multiplied by 100 percent of the average per
pupil cost of constructing minimum school facilities in the
State in which the school district of such agency is
situated;
``(2) the estimated increase, since the base year, in the
number of children determined with respect to such agency who
have a parent who lives on or works on Federal property
multiplied by 50 percent of such cost;
``(3) In computing for any local educational agency the
number of children in an increase under paragraph (1) or (2),
the estimated number of children described in such paragraph
who will be in the membership of the schools of such agency
at the close of the increase period shall be compared with
the estimated number of such children in average daily
membership of the schools of such agency during the base
year. However, the base year average daily membership shall
be adjusted to exclude the number of children that formed the
basis for previous payments on applications approved 30 or
more years prior to the close of the increased period for the
current application.
``(b) If two of the paragraphs of subsection (a) apply to a
child, the local educational agency shall elect which of such
paragraphs shall apply to such child, except that,
notwithstanding the election of a local educational agency to
have paragraph (2) apply to a child instead of paragraph (1),
the determination of the maximum amount for such agency under
subsection (a) shall be made without regard to such election.
``(c) A local educational agency shall not be eligible to
have any amount included in its maximum by reason of
paragraphs (1), (2), and (3) of subsection (a) unless the
increase in children referred to in such paragraph is at
least 20, and in the case of paragraphs (1), (2), and (3) of
subsection (a), is--
``(1) equal to at least 6 percent of the number of
federally connected children who were in the average daily
membership of the schools of such agency during the base
year, or
``(2) at least 750,
whichever is the lesser.
``(d) Notwithstanding the provisions of subsection (c) of
this section, whenever and to the extent that, in his
judgment, exceptional circumstances exist which make such
action necessary to avoid inequity and avoid defeating the
purposes of the Act, the Secretary may waive or reduce the
minimum number requirement or any percentage requirement or
requirements in subsection (c).
``(e) In determining under this section the total of the
payments which may be made to a local educational agency on
the basis of any application, the total number of children
counted for purposes of paragraph (1) or (2), as the case may
be, of subsection (a) may not exceed--
``(1) the number of children whose membership at the close
of the increase period for the application is compared with
average daily membership in the base period for purposes of
that paragraph, provided that the base year average daily
membership does not include any children which formed the
basis of payment in the applications approved 30 or more
years ago, minus
``(2) the number of such children whose membership at the
close of the increase period was compared with membership in
the base year for purposes of such paragraph under the last
previous application, provided the application was funded
within the last 4 years, if any, of the agency on the basis
of which any payments have been or may be made to that
agency.''.
(d) Section 6.--Section 6 of such Act (20 U.S.C. 636) is
amended by adding at the end the following new subsection:
``(d) If the application has not been funded within the 3-
year period, the local educational agency must recertify
their need to have the application remain active.''.
SEC. 332. REPEAL OF PUBLIC LAW 874.
The Act of September 30, 1950 (Public Law 874, 81st
Congress; 20 U.S.C. 236 et seq.) is hereby repealed.
PART D--AMENDMENTS TO ADULT EDUCATION ACT
SEC. 335. AMENDMENTS TO ADULT EDUCATION ACT.
(a) Section 342(c)(11) of the Adult Education Act is
amended by inserting ``Even Start,'' after ``1963,''.
(b) Section 384(n) is amended by striking ``and 1995'' and
inserting ``1995, and 1996''.
TITLE IV--NATIONAL EDUCATION STATISTICS
SEC. 401. SHORT TITLE.
This title may be cited as the ``National Education
Statistics Act of 1994''.
SEC. 402. FINDINGS; PURPOSE; DEFINITIONS.
(a) Findings.--The Congress finds that--
(1) a Department of Education was established in 1867 ``for
the purpose of collecting such statistics and facts as shall
show the condition and progress of education in the several
States and territories, and of diffusing such information
respecting the organization and management of schools and
school systems and methods of teaching as shall aid the
people of the United States in the establishment and
maintenance of efficient school systems, and otherwise
promote the cause of education throughout the country'';
(2) today, while the role of the current Department of
Education is much broader, the National Center for Education
Statistics within the Department's Office of Educational
Research and Improvement continues to perform those crucial
original purposes; and
(3) looking to the 21st century, the National Center for
Education Statistics must be able to design and undertake,
effectively and efficiently, statistical activities that will
aid in reform of the Nation's educational systems.
(b) Purpose.--It is the purpose of this title to ensure the
continuation of an effective mechanism for collecting and
reporting statistics and information showing the condition
and progress of education in the United States and other
nations in order to promote and accelerate the improvement of
American education.
(c) Definitions.--For the purpose of this title, the term--
(1) ``Assistant Secretary'' means the Assistant Secretary
for Educational Research and Improvement, provided for under
section 202(b)(1)(E) of the Department of Education
Organization Act;
(2) ``Department'' means the Department of Education;
(3) ``institution of higher education'' has the same
meaning given such term in section 1201 of the Higher
Education Act of 1965;
(4) ``local educational agency'' has the same meaning given
such term in section 9101(13) of the Elementary and Secondary
Education Act of 1965;
(5) ``Secretary'' means the Secretary of Education;
(6) ``State educational agency'' has the same meaning given
such term in section 9101(20) of the Elementary and Secondary
Education Act of 1965; and
(7) ``United States'' and ``State'' mean--
(A) other than for the purpose of section 411, each of the
50 States, the District of Columbia, and the Commonwealth of
Puerto Rico; and
(B) for the purpose of section 411, mean the same as in
subparagraph (A) and include Guam, American Samoa, the Virgin
Islands, the Commonwealth of the Northern Mariana Islands,
and the Republic of Palau (until the effective date of the
Compact of Free Association with the Government of Palau).
SEC. 403. NATIONAL CENTER FOR EDUCATION STATISTICS.
(a) Establishment.--There is established, within the Office
of Educational Research and Improvement established under
section 209 of the Department of Education Organization Act,
a National Center for Education Statistics (the ``Center'').
(b) Commissioner and Associate Commissioners.--(1) The
Center shall be headed by a Commissioner of Education
Statistics (the ``Commissioner'') who shall be appointed by
the President, by and with the advice and consent of the
Senate, and who shall--
(A) have substantial knowledge of programs encompassed by
the Center;
(B) be paid in accordance with section 5315 of title 5,
United States Code; and
(C) serve for a term of 4 years, with the terms to expire
every fourth June 21, beginning in 1995.
(2) The Commissioner may appoint such Associate
Commissioners as the Commissioner determines are necessary
and appropriate.
SEC. 404. DUTIES OF THE CENTER.
(a) Duties.--The duties of the Center are to collect,
analyze, and disseminate statistics and other information
related to education in the United States and in other
nations, including--
(1) collecting, acquiring, compiling (where appropriate, on
a State by State basis), and disseminating full and complete
statistics on the condition and progress of education, at the
preschool, elementary, secondary, and postsecondary levels in
the United States, including data on--
(A) State and local school reform activities;
(B) student achievement and other educational outcomes at
all levels of education;
(C) out of school youth and adults;
(D) teachers, administrators, counselors, and other
educational personnel at all levels of education;
(E) the learning and teaching environment;
(F) financing and management of education; and
[[Page 476]]
(G) the socioeconomic status of children;
(2) conducting and publishing reports and analyses of the
meaning and significance of such statistics;
(3) conducting longitudinal studies, as well as regular and
special surveys and data collections, necessary to report on
the condition and progress of education;
(4) collecting, analyzing, cross-tabulating, and reporting,
to the extent feasible, so as to provide information by
gender, race, socioeconomic status, limited-English
proficiency, and other population characteristics when such
disaggregated information would facilitate educational and
policy decisionmaking;
(5) assisting public and private educational agencies,
organizations, and institutions in improving and automating
statistical and data collection activities; and
(6) acquiring and disseminating data on educational
activities and student achievement in the United States
compared with foreign nations.
(b) Training Program.--The Commissioner may establish a
program to train employees of public and private educational
agencies, organizations, and institutions in the use of the
Center's standard statistical procedures and concepts and may
establish a fellows program to appoint such employees as
temporary fellows at the Center in order to assist the Center
in carrying out its duties.
SEC. 405. PERFORMANCE OF DUTIES.
(a) In General.--In carrying out the duties under this
title, the Commissioner may enter into grants, contracts, and
cooperative agreements.
(b) Gathering Information.--(1) The Commissioner may use
the statistical method known as sampling to carry out the
purpose of this title.
(2) The Commissioner may, as the Commissioner considers
appropriate, use information collected--
(A) from States, local educational agencies, public and
private schools, preschools, institutions of higher
education, libraries, administrators, teachers, students, the
general public, and such other individuals, organizations,
agencies, and institutions as the Commissioner may consider
appropriate; and
(B) by other offices within the Department and by other
Federal departments, agencies, and instrumentalities.
(3) The Commissioner may--
(A) enter into interagency agreements for the collection of
statistics;
(B) arrange with an agency, organization, or institution
for the collection of statistics; and
(C) assign employees of the Center to any such agency,
organization, or institution to assist in such collection.
(4) In order to maximize the effectiveness of Federal
efforts to serve the educational needs of children and youth,
the Commissioner shall--
(A) provide technical assistance to Department offices that
gather data for statistical purposes; and
(B) coordinate closely with other Department offices in the
collection of data.
SEC. 406. REPORTS.
(a) Report on the Condition and Progress of Education.--The
Commissioner shall, no later than June 1 of each year, submit
to the President and the Congress a statistical report
regarding the condition and progress of education in the
United States.
(b) Statistical Reports.--The Commissioner shall issue
regular statistical reports to the President and Congress on
such education topics as the Commissioner determines to be
appropriate.
(c) Special Reports.--The Commissioner may, whenever the
Commissioner considers it appropriate, issue special reports
on particular education topics.
SEC. 407. ADVISORY COUNCIL ON EDUCATION STATISTICS.
(a) Establishment.--There is established, within the
Center, the Advisory Council on Education Statistics (the
``Council'').
(b) Membership.--(1) The Council shall be composed of--
(A) 15 voting members who are users of education data and
who are appointed by the Secretary on the basis of their
experience and eminence within the field, of whom at least--
(i) three shall be educators;
(ii) three shall be education policy-makers;
(iii) three shall be professional statisticians; and
(iv) three shall be education researchers;
(B) the Director of the Census and the Commissioner of
Labor Statistics, as voting, ex officio members; and
(C) the Assistant Secretary and the Commissioner, as
nonvoting, ex officio members.
(2) The Secretary shall appoint the presiding officer of
the Council from among the voting members.
(3) Members of the Council appointed under paragraph (1)(A)
shall be appointed for three-year terms except that, in the
case of initial appointments, the Secretary shall make
appointments for shorter terms to the extent necessary to
avoid the expiration of the terms of more than five members
in the same calendar year.
(4)(A) The Council shall meet at the call of the presiding
officer, except that it shall meet--
(i) at least two times during each calendar year; and
(ii) in addition, whenever eight voting members request in
writing that the presiding officer call a meeting.
(B) Nine voting members of the Council shall constitute a
quorum.
(5) The Council shall review general policies for the
operation of the Center and shall advise the Commissioner on
standards to ensure that statistics and other information
disseminated by the Center are of high quality and are not
subject to partisan political influence.
SEC. 408. CONFIDENTIALITY.
(a) General.--(1)(A) The Center shall develop and enforce
standards designed to protect the confidentiality of persons
in the collection, reporting, and publication of data under
this section.
(B) This section shall not be construed to protect the
confidentiality of information about institutions,
organizations, and agencies that receive grants from, or have
contracts or cooperative agreements with, the Federal
Government.
(2) No person may--
(A) use any individually identifiable information furnished
under this title for any purpose other than a statistical
purpose;
(B) make any publication whereby the data furnished by any
particular person under this title can be identified; or
(C) permit anyone other than the individuals authorized by
the Commissioner to examine the individual reports.
(b) Administration.--(1)(A) No department, bureau, agency,
officer, or employee of the Government, except the
Commissioner in carrying out the purposes of this title,
shall require, for any reason, copies of reports that have
been filed under this title with the Center or retained by
any individual respondent.
(B) Copies of such reports that have been so filed or
retained with the Center or any of its employees,
contractors, or agents shall be immune from legal process,
and shall not, without the consent of the individual
concerned, be admitted as evidence or used for any purpose in
any action, suit, or other judicial or administrative
proceeding.
(C) This paragraph shall apply only to individually
identifiable information (as defined in paragraph (5)(A)).
(2) Whoever, being or having been an employee or staff
member of the Department, having taken or subscribed the oath
of office, or having sworn to observe the limitations imposed
by subsection (a)(2), knowingly publishes or communicates any
individually identifiable information (as defined in
paragraph (5)(A)), the disclosure of which is prohibited by
subsection (a)(2), and that comes into such individual's
possession by reason of employment (or otherwise providing
services) under this title, shall be found guilty of a class
E felony and imprisoned for not more than 5 years, or fined
as specified in 18 U.S.C. 3571, or both.
(3) The Commissioner may utilize temporary staff, including
employees of Federal, State, or local agencies or
instrumentalities including local educational agencies, and
employees of private organizations to assist the Center in
performing its responsibilities, but only if such temporary
staff are sworn to observe the limitations imposed by this
section.
(4) No collection of information or data acquisition
activity undertaken by the Center shall be subject to any
review, coordination, or approval procedure except as
required by the Director of the Office of Management and
Budget under the rules and regulations established pursuant
to chapter 35 of title 44, United States Code, except such
collection of information or data acquisition activity may be
subject to review or coordination if the Commissioner
determines that such review or coordination would be
beneficial.
(5) For the purposes of this section--
(A) the term ``individually identifiable information''
means any record, response form, completed survey, or
aggregation thereof from which information about individuals
may be revealed; and
(B) the term ``report'' means a response provided by or
about an individual to an inquiry from the Center and does
not include a statistical aggregation from which individually
identifiable information cannot be revealed.
(6) This paragraph shall not apply to--
(A) the survey required by section 1303(c) of the Higher
Education Amendments of 1986; or
(B) to any longitudinal study concerning access, choice,
persistence progress, or attainment in postsecondary
education.
(7) Any person who uses any data provided by the Center, in
conjunction with any other information or technique, to
identify any individual student, teacher, administrator, or
other individual and who knowingly discloses, publishes, or
uses for a purpose other than a statistical purpose, or who
otherwise violates subsection (a)(2)(A) or (B), shall be
found guilty of a class E felony and imprisoned for not more
than 5 years, or fined as specified in section 3571 of title
18 of the United States Code, or both.
(8) Nothing in this section shall restrict the right of the
Secretary, the Comptroller General of the United States, the
Director of the Congressional Budget Office, and the
Librarian of Congress to gain access to any reports or other
records, including information identifying individuals, in
the Center's possession, except that the same restrictions on
disclosure that apply to the Center under subsection (b)(1)
and (7) shall apply.
SEC. 409. DISSEMINATION.
(a) General Requests.--(1) The Center may furnish
transcripts or copies of tables and other statistical records
and make special statistical compilations and surveys for
State and local officials, public and private organizations,
and individuals.
(2) The Center shall provide State and local educational
agencies opportunities to sug-
[[Page 477]]
gest the development of particular compilations of
statistics, surveys, and analyses that would assist such
educational agencies.
(b) Congressional Requests.--The Center shall furnish such
special statistical compilations and surveys as the Congress
may request.
(c) Joint Statistical Projects.--The Secretary may engage
in joint statistical projects related to the purposes of this
Act or other statistical purposes authorized by law with
nonprofit organizations or agencies, and the cost of such
projects shall be shared equitably as determined by the
Secretary.
(d) Fees.--(1) Statistical compilations and surveys under
this section, other than those carried out pursuant to
subsections (b) and (c), may be made subject to the payment
of the actual or estimated cost of such work.
(2) All funds received in payment for work or services
described in this paragraph shall be deposited in a separate
account that may be used to pay directly the costs of such
work or services, to repay appropriations that initially bore
all or part of such costs, or to refund excess sums when
necessary.
(e) Access.--(1) The Center shall cooperate with other
Federal agencies having a need for educational data in
providing access to educational data received by the Center.
(2) The Center shall, in accordance with such terms and
conditions as the Secretary may prescribe, provide all
interested parties, including public and private agencies and
individuals, direct access to data collected by the Center
for the purposes of research and acquiring statistical
information.
SEC. 410. COOPERATIVE EDUCATION STATISTICS SYSTEMS.
The Commissioner shall establish 1 or more national
cooperative education statistics systems for the purpose of
producing and maintaining, with the cooperation of the
States, comparable and uniform information and data on
elementary and secondary education, postsecondary education,
and libraries that are useful for policymaking at the
Federal, State, and local levels. In carrying out this
section, the Commissioner may provide technical assistance
and make grants and enter into contracts and cooperative
agreements.
SEC. 411. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.
(a) Establishment.--The Commissioner shall, with the advice
of the Governing Board established under section 412, carry
out, through grants, contracts, or cooperative agreements
with 1 or more qualified organizations, or consortia thereof,
a National Assessment of Educational Progress (the ``National
Assessment'').
(b) Purpose; Contents.--(1) The purpose of the National
Assessment is to provide a fair and accurate presentation of
educational achievement in reading, writing, and other
subjects that are included in National Education Goal Three.
(2) The Commissioner, in carrying out the National
Assessment, shall use sampling techniques that produce data
that are representative on a national and regional basis and
on a State basis pursuant to paragraph (3). In addition, the
Commissioner shall--.
(A) collect and report data on a periodic basis, but at
least once every 2 years, on students at ages 9, 13, and 17
and in grades 4, 8, and 12 in public and private schools;
(B) report achievement data on a basis that ensures valid
and reliable trend reporting;
(C) include information on special groups; and
(D) ensure that achievement data are made available on a
timely basis following official reporting, in a manner that
facilitates further analysis.
(3)(A)(i) The Commissioner, in carrying out the National
Assessment, may conduct State assessments of student
achievement in grades 4, 8, and 12.
(ii) Each such State assessment, in each subject area and
at each grade level shall be conducted on a trial basis.
(B)(i) States wishing to participate in State assessments
shall enter into an agreement with the Secretary pursuant to
subsection (d)(2).
(ii) Such agreement shall contain information sufficient to
give States full information about the process for consensus
decisionmaking on objectives to be tested, and of the
standards for sampling, test administration, test security,
data collection, validation, and reporting.
(C) A participating State shall review and give permission
for the release of results from any test of its students
administered as a part of a State assessment prior to the
release of such data. Refusal by a State to release its data
shall not restrict the release of data from other States that
have approved the release of such data.
(4) In carrying out the National Assessment, the
Commissioner shall not collect any data that are not directly
related to the appraisal of educational performance,
achievement, and traditional demographic reporting variables,
or to the fair and accurate presentation of such information.
(5) In carrying out the National Assessment, the
Commissioner may provide technical assistance to States,
localities, and other parties.
(c) Access.--(1) Except as provided in paragraph (2), the
public shall have access to all data, questions, and test
instruments of the National Assessment.
(2)(A) The Commissioner shall ensure that all personally
identifiable information about students, their educational
performance, and their families, and that information with
respect to individual schools, remains confidential, in
accordance with section 552a of title 5, United States Code.
(B) Notwithstanding any other provision of law, the
Commissioner may decline to make available to the public for
a period, not to exceed 10 years after initial use, cognitive
questions that the Commissioner intends to reuse in the
future.
(C)(i) The Commissioner may, upon the request of a State
educational agency or a local educational agency, in a
limited number of cases and on a trial basis, make National
Assessment test instruments available for assessing aggregate
student achievement at the local educational agency level.
(ii)(I) Participation by a local educational agency shall
be voluntary.
(II) A State requesting the participation of a local
educational agency must accompany this request with a
statement of full written concurrence by such agency and that
such agency is requesting to participate in the local
assessment.
(iii) Before receiving such instruments, an agency shall
provide the Commissioner with assurances that confidentiality
and security requirements and testing protocols, prescribed
by the Commissioner, will be complied with in the use of such
instruments.
(d) Participation.--(1) Participation in the national and
regional assessments by State and local educational agencies
shall be voluntary.
(2) Participation in assessments made on a State basis
shall be voluntary. The Commissioner shall enter into an
agreement with any State that desires to carry out an
assessment for the State under this subsection. Each such
agreement shall contain provisions designed to ensure that
the State will--
(A) participate in the assessment; and
(B) pay from non-Federal sources the non-Federal share of
participation.
(3)(A) For each fiscal year, the non-Federal share for the
purpose of paragraph (2)(B) shall be--
(i) the cost of conducting the assessment at the school
level for all public schools in the State sample, including
the analysis and reporting of the data;
(ii) the cost of coordination within the State; and
(iii) other reasonable costs specified by the Secretary in
the agreement described in paragraph (2).
(B) The non-Federal share of payments under this paragraph
may be in cash or in kind, fairly valued.
(C) The agreement described in paragraph (2) shall describe
the manner in which, the costs of administering the
assessment to private nonprofit schools included in the State
sample may be met.
(4) The implementation of subparagraph (C) of paragraph (2)
of subsection (d) shall involve no cost to the Federal
Government.
(e) Review of National and State Assessments.--(1) The
Commissioner shall provide for continuing reviews by the
National Academy of Education or the National Academy of
Sciences of the National Assessment, State assessments, local
educational agency assessments, and student performance
goals. Such reviews shall address whether each trial state
assessment is properly administered, produces high quality
data that is valid and reliable, produces data on student
achievement that is not otherwise available to the State
exclusive of data comparing participating States to each
other and the Nation, and is a cost-effective method of
producing the data. The Commissioner shall also carry out
evaluation studies by the Center and solicitation of public
comment on the conduct and usefulness of the National
Assessment. The Commissioner shall report to the Congress,
the President, and the Nation on the findings and
recommendations of such reviews.
(2) The Commissioner shall consider the findings and
recommendations in designing the competition to select the
organization, or organizations, through which the Office
carries out the National Assessment.
(f) Coverage Agreements.--(1) The Secretary and the
Secretary of Defense may enter into an agreement, including
such terms as are mutually satisfactory, to include in the
National Assessment the defense dependents education system
established under the Defense Dependents' Education Act of
1978.
(2) The Secretary and the Secretary of the Interior may
enter into an agreement, including such terms as are mutually
satisfactory, to include in the National Assessment schools
for Indian children operated or supported by the Bureau of
Indian Affairs.
SEC. 412. NATIONAL ASSESSMENT GOVERNING BOARD
(a) Establishment.--There is established the National
Assessment Governing Board (the ``Board''), which shall
formulate policy guidelines for the National Assessment.
(b) Membership.--(1) The Board shall be appointed by the
Secretary and be composed of--
(A) two Governors, or former Governors, who shall not be
members of the same political party;
(B) two State legislators, who shall not be members of the
same political party;
(C) two chief State school officers;
(D) one superintendent of a local educational agency;
(E) one member of a State board of education;
(F) one member of a local board of education;
(G) three classroom teachers representing the grade levels
at which the National Assessment is conducted;
[[Page 478]]
(H) one representative of business or industry;
(I) two curriculum specialists;
(J) three testing and measurement experts, who shall have
training and experience in the field of testing and
measurement;
(K) one nonpublic school administrator or policymaker;
(L) two school principals, one elementary and one
secondary; and
(M) four additional members who are representatives of the
general public, including parents.
(2) The Assistant Secretary for Educational Research and
Improvement shall serve as an ex officio, nonvoting member of
the Board.
(3) The Secretary and the Board shall ensure at all times
that the membership of the Board reflects regional, racial,
gender, and cultural balance and diversity and that it
exercises its independent judgment, free from inappropriate
influences and special interests.
(c) Terms.--Members of the Board shall serve for terms not
to exceed four years which shall be staggered, as determined
by the Secretary. Any appointed member of the Board who
changes status under subsection (b) during the term of the
appointment of the member may continue to serve as a member
until the expiration of such term.
(d) Vacancies.--As vacancies occur, new members of the
Board shall be appointed by the Secretary from among
individuals who are nominated by the Board after consultation
with representatives of the groups listed in subsection
(b)(1). For each vacancy, the Board shall nominate at least
three individuals who, by reason of experience or training,
are qualified in that particular Board vacancy.
(e) Duties.--(1) In carrying out its functions under this
section the Board shall--
(A) select subject areas to be assessed (consistent with
section 11(b)(1));
(B) identify appropriate achievement goals for each age and
grade in each subject area to be tested under the National
Assessment;
(C) develop assessment objectives;
(D) develop test specifications;
(E) design the methodology of the assessment;
(F) develop guidelines for analysis plans and for reporting
and disseminating results;
(G) develop standards and procedures for interstate,
regional, and national comparisons; and
(H) take appropriate actions needed to improve the form and
use of the National Assessment.
(2) The Board may delegate any of its procedural and
administrative functions to its staff.
(3) The Board shall have final authority on the
appropriateness of cognitive items.
(4) The Board shall take steps to ensure that all items
selected for use in the National Assessment are free from
racial, cultural, gender, or regional bias.
(5) Each learning area assessment shall have goal
statements devised through a national consensus approach,
providing for active participation of teachers, curriculum
specialists, local school administrators, parents, and
concerned members of the general public.
(f) Personnel.--(1) In the exercise of its
responsibilities, the Board shall be independent of the
Secretary and the other offices and officers of the
Department of Education.
(2) The Secretary may appoint, at the direction of the
Board, such staff as the Board requires. Such appointments
may include, for terms not to exceed three years, without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, not more
than six technical employees to administer this subsection,
who may be paid without regard to the provisions of chapter
51 and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates.
(g) Commissioner Reports.--The Commissioner shall report to
the Board at regular intervals on the Department's actions to
implement the decisions of the Board.
(h) Administration.--(1) Not more than 10 percent of the
funds available for the National Assessment for any fiscal
year may be used for administrative expenses (including
staff, consultants, and contracts) and to carry out the
Board's functions described in subsection (e).
(2) For the purposes of its administrative functions, the
Board shall have the authorities authorized by the Federal
Advisory Committee Act and shall be subject to the open
meeting provisions of that law.
SEC. 413. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
title, $103,200,000 for fiscal year 1995 and such sums as may
be necessary for each of the fiscal years 1996, 1997, 1998,
and 1999.
It was decided in the
Yeas
173
<3-line {>
negative
Nays
245
Para. 30.21 [Roll No. 94]
AYES--173
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gekas
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Levy
Lewis (CA)
Lightfoot
Linder
Lipinski
Livingston
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Myers
Nussle
Oxley
Packard
Parker
Paxon
Penny
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--245
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilman
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Horn
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kreidler
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Price (NC)
Rahall
Reed
Reynolds
Richardson
Roemer
Romero-Barcelo (PR)
Rose
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--20
Barton
Cardin
Derrick
Ford (TN)
Gallegly
Gallo
Grandy
Kopetski
LaFalce
Leach
Lewis (FL)
McMillan
Natcher
Pickle
Rangel
Rostenkowski
Smith (TX)
Torricelli
Washington
Whitten
So the amendment in the nature of a substitute was not agreed to.
After some futher time spent therein,
The SPEAKER pro tempore, Mr. HUGHES, assumed the Chair.
When Mr. PRICE, Chairman, pursuant to House Resolution 366, reported
the bill back to the House with an amendment adopted by the Committee.
[[Page 479]]
The previous question having been ordered by said resolution.
Mr. WILSON demanded a separate vote on the amendment on beginning on
page 735 (the Armey amendments, as modified).
The question being put, viva voce,
Will the House agree to the following amendments, as modified, on
which a separate vote had been demanded?
On page 735, line 6, insert ``institutional'' after
``nonprofit''.
On page 737, line 13, insert ``institutional'' after
``nonprofit''.
On page 762, line 9, insert the following new section and
redesignate subsequent sections accordingly:
``SEC. 9508 GENERAL PROVISION REGARDING NON-RECIPIENT
NONPUBLIC SCHOOLS.
``Nothing in this Act shall be construed to permit, allow,
encourage, or authorize any federal control over any aspect
of any private, religious, or home school, whether or not a
home school is treated as a private school or home school
under state law. This section shall not be construed to bar
private, religious, or home schools from participation in
programs or services under the Act.''.
The SPEAKER pro tempore, Mr. HUGHES, announced that the yeas had it.
Mr. WILSON demanded that the vote be taken by a recorded vote, which
demand was not supported by one-fifth of a quorum, so a recorded vote
was refused.
So the amendments, as modified, were agreed to.
The following amendment, as amended, was then agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Improving
America's Schools Act of 1994''.
(b) Table of Contents.--
Sec. 1. Short title.
Sec. 2. Effective dates; transition.
TITLE I--AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF
1965
Sec. 101. Amendments to the Elementary and Secondary Education Act of
1965.
``Sec. 1. Short title.
``TITLE I--IMPROVED EDUCATION FOR DISADVANTAGED CHILDREN
``Sec. 1001. Declaration of policy and statement of purpose.
``Sec. 1002. Authorization of appropriations.
``Part A--Basic Programs Operated by Local Educational Agencies
``SUBPART 1--BASIC PROGRAM REQUIREMENTS
``Sec. 1111. State plans.
``Sec. 1112. Local educational agency plans.
``Sec. 1113. Eligible school attendance areas.
``Sec. 1114. Schoolwide programs.
``Sec. 1115. Targeted assistance schools.
``Sec. 1115A. School choice.
``Sec. 1116. Assessment and school and local educational agency
improvement.
``Sec. 1117. State assistance for school support and improvement.
``Sec. 1118. Parental involvement.
``Sec. 1119. Professional development.
``Sec. 1120. Participation of children enrolled in private schools.
``Sec. 1121. Fiscal requirements.
``SUBPART 2--ALLOCATIONS
``Sec. 1122. Grants for the outlying areas and the Secretary of the
Interior.
``Sec. 1123. Allocations to States.
``Sec. 1124. Basic grants to local educational agencies.
``Sec. 1124A. Concentration grants to local educational agencies.
``Sec. 1125. Targeted grants to local educational agencies.
``Sec. 1126. Special allocation procedures.
``Sec. 1127. Carryover and waiver.
``Part B--Even Start Family Literacy Programs
``Sec. 1201. Statement of purpose.
``Sec. 1202. Program authorized.
``Sec. 1203. State programs.
``Sec. 1204. Uses of funds.
``Sec. 1205. Program elements.
``Sec. 1206. Eligible participants.
``Sec. 1207. Applications.
``Sec. 1208. Award of subgrants.
``Sec. 1209. Evaluation.
``Part C--Education of Migratory Children
``Sec. 1301. Program purpose.
``Sec. 1302. Program authorized.
``Sec. 1303. State allocations.
``Sec. 1304. State applications; services.
``Sec. 1305. Secretarial approval; peer review.
``Sec. 1306. Comprehensive needs assessment and service-delivery plan;
authorized activities.
``Sec. 1307. Bypass.
``Sec. 1308. Coordination of migrant education activities.
``Sec. 1309. Distance learning.
``Sec. 1310. Definitions.
``Part D--Prevention and Intervention Services for Delinquent Youth and
Youth at Risk of Dropping Out
``Sec. 1401. Findings; purpose; program authorized.
``Sec. 1402. Payments for programs under this part.
``SUBPART 1--STATE AGENCY PROGRAMS
``Sec. 1403. Amount of allocation to State.
``Sec. 1404. State plan.
``Sec. 1405. Use of funds.
``Sec. 1406. Institution-wide projects.
``Sec. 1407. Three-year projects.
``Sec. 1408. Transition services.
``SUBPART 2--LOCAL AGENCY PROGRAMS
``Sec. 1410. Programs operated by local educational agencies.
``Sec. 1411. Program evaluations.
``Sec. 1412. Definitions.
``Part E--Federal Evaluations, Demonstrations, and Transition Projects
``Sec. 1501. Evaluations.
``Sec. 1502. Demonstrations of innovative practices.
``Sec. 1503. Innovative elementary school transition projects.
``Part F--General Provisions
``Sec. 1601. Federal regulations.
``Sec. 1602. Coordination of Federal, State, and local administration.
``Sec. 1603. State administration.
``TITLE II--IMPROVING TEACHING AND LEARNING
``Part A--Dwight D. Eisenhower Professional Development Program
``Sec. 2101. Findings.
``Sec. 2102. Purposes.
``Sec. 2103. Authorization of appropriations; allocation between
subparts.
``SUBPART 1--FEDERAL ACTIVITIES
``Sec. 2111. Program authorized.
``Sec. 2112. Authorized activities.
``SUBPART 2--STATE AND LOCAL ACTIVITIES
``Sec. 2121. Program authorized.
``Sec. 2122. Allocation of funds.
``Sec. 2123. Within-State allocations.
``Sec. 2124. State applications.
``Sec. 2125. State-level activities.
``Sec. 2126. Local plan and application for improving teaching and
learning.
``Sec. 2127. Local cost sharing.
``Sec. 2128. Local allocation of funds and allowable activities.
``Sec. 2129. Higher education activities.
``SUBPART 3--GENERAL PROVISIONS
``Sec. 2131. Reporting and accountability.
``Sec. 2132. Definitions.
``Part B--Technology Education Assistance
``SUBPART 1--ASSISTANCE TO STATE AND LOCAL EDUCATIONAL AGENCIES
``Sec. 2201. Short title.
``Sec. 2202. Findings.
``Sec. 2203. Statement of purpose.
``Sec. 2204. Definitions.
``Sec. 2205. In-State apportionment.
``Sec. 2206. Elementary and secondary education programs.
``Sec. 2207. Higher education programs.
``Sec. 2208. Library and literacy programs.
``Sec. 2209. State educational technology plan.
``Sec. 2210. Local educational technology plan.
``Sec. 2211. Federal administration.
``Sec. 2212. Allocation of funds.
``Sec. 2213. Authorization of appropriations.
``SUBPART 2--RESEARCH, DEVELOPMENT, AND DEMONSTRATION OF EDUCATIONAL
TECHNOLOGY
``Sec. 2214. Findings and purposes.
``Sec. 2215. Office of Educational Technology.
``Sec. 2216. National long-range plan.
``Sec. 2217. Federal leadership.
``Sec. 2218. Authorization of appropriations.
``SUBPART 3--STAR SCHOOLS PROGRAM
``Sec. 2219. Findings.
``Sec. 2220. Statement of purpose.
``Sec. 2221. Program authorized.
``Sec. 2222. Eligible entities.
``Sec. 2223. Applications.
``Sec. 2224. Leadership and evaluation activities.
``Sec. 2225. Definitions.
``SUBPART 4--DEVELOPMENT OF EDUCATIONAL TECHNOLOGY PRODUCTS
``Sec. 2226. Educational technology product development.
``Part C--Library Media Program
``Sec. 2231. Establishment of program.
``Sec. 2232. Allocation to States.
``Sec. 2233. State plans.
``Sec. 2234. Distribution of allocation to local educational agencies.
``Sec. 2235. Authorization of appropriations.
``Part D--Support and Assistance for ESEA Programs
``Sec. 2341. Findings.
``Sec. 2342. Purpose.
``Sec. 2343. Programs authorized.
``Sec. 2344. Requirements of comprehensive assistance centers.
``Sec. 2345. Duties of comprehensive assistance centers.
``Sec. 2346. Service and application requirements..
``Sec. 2347. State-based activities.
``Sec. 2348. Program priorities.
``Sec. 2349. Technology-based technical assistance.
``Sec. 2350. Administration.
``Sec. 2351. Authorization of appropriations.
[[Page 480]]
``Part E--Innovative Education Program Strategies
``Sec. 2401. Findings and statement of purpose.
``Sec. 2402. Authorization of appropriations; duration of assistance.
``Sec. 2403. Definition.
``SUBPART 1--STATE AND LOCAL PROGRAMS
``Sec. 2411. Allotment to States.
``Sec. 2412. Allocation to local educational agencies.
``SUBPART 2--STATE PROGRAMS
``Sec. 2421. State uses of funds.
``Sec. 2423. State applications.
``SUBPART 3--LOCAL TARGETED ASSISTANCE PROGRAMS
``Sec. 2431. Targeted use of funds.
``Sec. 2432. Administrative authority.
``Sec. 2433. Local applications.
``Subpart 4--General Administrative Provisions
``Sec. 2441. Maintenance of effort; Federal funds supplementary.
``Sec. 2442. Participation of children enrolled in private schools.
``Sec. 2443. Evaluations and reporting.
``Sec. 2444. Federal administration.
``Sec. 2445. Application of General Education Provisions Act.
``Part F--21st Century Community Learning Centers
``Sec. 2451. Findings.
``Sec. 2452. Program authorization and distribution.
``Sec. 2453. Uses of funds.
``Sec. 2454. Award of grants.
``Sec. 2455. Definitions.
``Sec. 2456. Authorization of appropriations.
``TITLE III--EXPANDING OPPORTUNITIES FOR LEARNING
``Part A--Fund for the Improvement of Education
``Sec. 3201. Fund for the improvement of education.
``Part B--Gifted and Talented Children
``Sec. 3301. Short title.
``Sec. 3302. Findings and purposes.
``Sec. 3303. Definitions.
``Sec. 3304. Authorized programs.
``Sec. 3305. Program priorities.
``Sec. 3306. General provisions.
``Sec. 3307. Administration.
``Sec. 3308. Authorization of appropriations.
``Part C--Public Charter Schools
``Sec. 3401. Purpose.
``Sec. 3402. Program authorized.
``Sec. 3403. Applications.
``Sec. 3404. Selection of grantees; waivers.
``Sec. 3405. Uses of funds.
``Sec. 3406. National activities.
``Sec. 3407. Definitions.
``Sec. 3408. Authorization of appropriations.
``Part D--Arts in Education
``SUBPART 1--SUPPORT FOR ARTS EDUCATION
``Sec. 3501. Support for arts education.
``SUBPART 2--COMMUNITY ARTS
``Sec. 3502. Short title.
``Part E--Inexpensive Book Distribution Program
``Sec. 3601. Inexpensive book distribution program for reading
motivation.
``Part F--Civic Education
``Sec. 3701. Instruction on the history and principles of democracy in
the United States.
``Sec. 3702. Instruction in civics, government, and the law.
``Sec. 3703. Report; authorization of appropriations.
``Part G--Native Hawaiian Education
``Sec. 3801. Short title.
``Sec. 3802. Findings.
``Sec. 3803. Purpose.
``Sec. 3804. Native Hawaiian Education Council.
``Sec. 3805. Native Hawaiian Language Immersion Project.
``Sec. 3806. Native Hawaiian family-based education centers.
``Sec. 3807. Native Hawaiian Higher Education Demonstration Program.
``Sec. 3808. Native Hawaiian Gifted and Talented Demonstration Program.
``Sec. 3809. Native Hawaiian Special Education Program.
``Sec. 3810. Administrative provisions.
``Sec. 3811. Definitions.
``Part H--Allen J. Ellender Fellowship Program
``Sec. 3901. Findings.
``SUBPART 1--PROGRAM FOR MIDDLE AND SECONDARY SCHOOL STUDENTS
``Sec. 3911. Establishment.
``Sec. 3912. Applications.
``SUBPART 2--PROGRAM FOR MIDDLE AND SECONDARY SCHOOL TEACHERS
``Sec. 3915. Establishment.
``Sec. 3916. Applications.
``SUBPART 3--PROGRAMS FOR RECENT IMMIGRANTS, STUDENTS OF MIGRANT
PARENTS AND OLDER AMERICANS
``Sec. 3921. Establishment.
``Sec. 3922. Applications.
``SUBPART 4--GENERAL PROVISIONS
``Sec. 3925. Administrative provisions.
``Sec. 3926. Authorization of appropriations.
``Part I--Territorial Education Improvement Program
``Sec. 3931. Findings and purposes.
``Sec. 3932. Grant authorization.
``Sec. 3933. Restrictions.
``Sec. 3934. Authorization.
``TITLE IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
``Sec. 4001. Short title.
``Sec. 4002. Findings.
``Sec. 4003. Purpose.
``Sec. 4004. Funding.
``Part A--State Grants for Drug and Violence Prevention Programs
``Sec. 4101. Reservations and allotments.
``Sec. 4102. State applications.
``Sec. 4103. State and local educational agency programs.
``Sec. 4103A. Governor's programs.
``Sec. 4104. Local applications.
``Sec. 4105. Local drug and violence prevention programs.
``Sec. 4106. Evaluation and reporting.
``Part B--National Programs
``Sec. 4201. Federal activities.
``Sec. 4202. Programs for Native Hawaiians.
``Sec. 4203. Hate crime prevention.
``Part C--General Provisions
``Sec. 4301. Definitions.
``Sec. 4302. Materials.
``Sec. 4303. Prohibited uses of funds.
``Sec. 4304. Certification of drug and alcohol abuse prevention
programs.
``TITLE V--PROMOTING EQUITY
``Part A--Magnet Schools Assistance
``Sec. 5101. Findings.
``Sec. 5102. Statement of purpose.
``Sec. 5103. Program authorized.
``Sec. 5104. Definition.
``Sec. 5105. Eligibility.
``Sec. 5106. Applications and requirements.
``Sec. 5107. Priority.
``Sec. 5108. Use of funds.
``Sec. 5109. Prohibitions.
``Sec. 5110. Limitation on payments.
``Sec. 5111. Authorization of appropriations; reservation.
``Part B--Women's Educational Equity Act
``Sec. 5201. Findings and statement of purpose.
``Sec. 5202. Programs authorized.
``Sec. 5203. Local implementation grants.
``Sec. 5204. Research and development grants.
``Sec. 5205. Authorization of appropriations.
``TITLE VI--INDIAN EDUCATION
``Sec. 6001. Findings.
``Sec. 6002. Purpose.
``Part A--Formula Grants to Local Educational Agencies
``Sec. 6101. Purpose.
``Sec. 6102. Grants to local educational agencies.
``Sec. 6103. Amount of grants.
``Sec. 6104. Applications.
``Sec. 6105. Authorized services and activities.
``Sec. 6106. Student eligibility forms.
``Sec. 6107. Payments.
``Part B--Special Programs and Projects To Improve Educational
Opportunities for Indian Children
``Sec. 6201. Improvement of educational opportunities for Indian
children.
``Sec. 6202. Professional development.
``Sec. 6203. Fellowships for Indian students.
``Sec. 6204. Gifted and talented.
``Part C--Special Programs Relating to Adult Education for Indians
``Sec. 6301. Improvement of educational opportunities for adult
Indians.
``Part D--National Activities and Grants to States
``Sec. 6401. National activities.
``Sec. 6402. State educational agency review.
``Part E--Federal Administration
``Sec. 6501. Office of Indian education.
``Sec. 6502. National Advisory Council on Indian Education.
``Sec. 6503. Peer review.
``Sec. 6504. Preference for Indian applicants.
``Sec. 6505. Minimum grant criteria.
``Part F--Definitions; Authorizations of Appropriations
``Sec. 6601. Definitions.
``Sec. 6602. Authorizations of appropriations.
``TITLE VII--BILINGUAL EDUCATION PROGRAMS
``Sec. 7001. Short title.
``Sec. 7002. Findings, policy, and purpose.
``Sec. 7003. Authorization of appropriations.
``Sec. 7004. Definitions; regulations.
``Sec. 7005. Indian and Alaskan Native children in schools.
``Sec. 7006. Residents of the territories and freely associated
nations.
``Part A--Bilingual Education Capacity and Demonstration Grants
``Sec. 7101. Purpose of grants.
``Sec. 7102. Program development and implementation grants.
``Sec. 7103. Program enhancement projects.
``Sec. 7104. Whole-school programs.
``Sec. 7105. System-wide improvement grants.
``Sec. 7106. Applications.
[[Page 481]]
``Sec. 7107. Intensified instruction.
``Sec. 7108. Capacity building.
``Sec. 7109. Subgrants.
``Sec. 7110. Geographic distribution of funds.
``Sec. 7111. Programs in Puerto Rico.
``Sec. 7112. Evaluations.
``Part B--Research and Dissemination
``Sec. 7201. Use of funds.
``Sec. 7202. Research.
``Sec. 7203. Academic excellence awards.
``Sec. 7204. State grant program.
``Sec. 7205. National Clearinghouse for Bilingual Education.
``Sec. 7206. Instructional materials development.
``Sec. 7207. Evaluation Assistance Centers and Multifunctional Resource
Centers.
``Part C--Bilingual Education Teacher Training
``Sec. 7301. Purpose.
``Sec. 7302. Training for all teachers program.
``Sec. 7303. Bilingual education teachers and personnel grants.
``Sec. 7304. Bilingual education career ladder program.
``Sec. 7305. Graduate fellowships in bilingual education program.
``Sec. 7306. Applications.
``Sec. 7307. Program requirements.
``Sec. 7308. Stipends.
``Sec. 7309. Program evaluations under part C.
``Part D--Administration
``Sec. 7401. Office of Bilingual Education and Minority Language
Affairs.
``Sec. 7402. Release time.
``Sec. 7403. Education technology.
``Sec. 7404. Notification.
``Sec. 7405. Continued eligibility.
``Sec. 7406. Limitation of authority.
``Part E--Transition
``Sec. 7501. Transition provisions.
``Part F--Emergency Immigrant Education Program
``Sec. 7601. Purpose.
``Sec. 7602. State administrative costs.
``Sec. 7603. Withholding.
``Sec. 7604. State allocations.
``Sec. 7605. State applications.
``Sec. 7606. Payments.
``Sec. 7607. Uses of funds.
``Sec. 7608. Reports.
``Sec. 7609. Authorization of appropriations.
``TITLE VIII--IMPACT AID
``Sec. 8001. Findings.
``Sec. 8002. Purpose.
``Sec. 8003. Payments relating to Federal acquisition of real property.
``Sec. 8004. Payments for eligible federally-connected children.
``Sec. 8005. Policies and procedures relating to children residing on
Indian lands.
``Sec. 8006. Application for payments under sections 8003 and 8004.
``Sec. 8007. Payments for sudden and substantial increases in
attendance of military dependents.
``Sec. 8008. Facilities.
``Sec. 8009. State consideration of payments in providing State aid.
``Sec. 8010. Federal administration.
``Sec. 8011. Administrative hearings and judicial review.
``Sec. 8012. Definitions.
``Sec. 8013. Authorization of appropriations.
``TITLE IX--GENERAL PROVISIONS
``Part A--Definitions
``Sec. 9101. Definitions.
``Sec. 9102. Applicability of this title.
``Sec. 9103. References in other Acts.
``Sec. 9104. Applicability to Bureau of Indian Affairs operated
schools.
``Part B--Flexibility in the Use of Administrative and Other Funds
``Sec. 9201. Consolidation of State administrative funds for elementary
and secondary education programs.
``Sec. 9202. Single local educational agency States.
``Sec. 9203. Consolidation of funds for local administration.
``Sec. 9204. Administrative funds study.
``Sec. 9205. Consolidated set-aside for Department of the Interior
funds.
``Sec. 9206. Availability of unneeded program funds.
``Part C--Coordination of Programs; Consolidated State and Local
Applications
``Sec. 9301. Purpose.
``Sec. 9302. Optional consolidated State application.
``Sec. 9303. General applicability of State educational agency
assurances.
``Sec. 9304. Consolidated local applications.
``Sec. 9305. Other general assurances.
``Part D--Waivers
``Sec. 9401. Waivers of statutory and regulatory requirements.
``Part E--Uniform Provisions
``Sec. 9501. Maintenance of effort.
``Sec. 9502. Prohibition regarding State aid.
``Sec. 9503. Participation by private school children and teachers.
``Sec. 9504. Standards for by-pass.
``Sec. 9505. Complaint process for participation of private school
children.
``Sec. 9506. By-pass determination process.
``Sec. 9507. Prohibition against funds for religious worship or
instruction.
``Sec. 9508. Applicability to home schools.
``Sec. 9509. General provision regarding nonrecipient nonpublic
schools.
``Sec. 9510. Compliance with Buy American Act.
``Sec. 9511. Sense of Congress; requirement regarding notice.
``Sec. 9512. Prohibition of contracts.
``Sec. 9513. Prohibition against funds for protected prayer.
``Sec. 9514. Sex education.
``Sec. 9515. Prohibition against funds for homosexual support.
``Sec. 9516. Nonsmoking policy.
``Part F--Gun Possession
``Sec. 9601. Policy for gun possession.
``Sec. 9602. Ethical principles.
``Part G--Custodial Services
``Sec. 9701. Compensation of custodians.
``Part H--Sense of the Congress To Increase the Total Share of Federal
Spending on Education
``TITLE X--COORDINATED SERVICES PROJECTS
``Sec. 10001. Findings and purpose.
``Sec. 10002. Definitions.
``Sec. 10003. Project development and implementation.
``Sec. 10004. Uses of funds.
``Sec. 10005. Continuing authority.
``Sec. 10006. Federal agency coordination.
``TITLE XI--SCHOOL FACILITIES IMPROVEMENT ACT
``Sec. 11001. Findings.
``Sec. 11002. Purpose.
``Sec. 11003. Federal assistance in the form of loans.
``Sec. 11004. General provisions.
``Sec. 11005. Definitions.
``Sec. 11006. Authorization.
``TITLE XII--URBAN AND RURAL EDUCATION ASSISTANCE
``Part A--Urban Education Demonstration Grants
``Sec. 12000. Authorization of appropriations.
``Sec. 12001. Findings.
``Sec. 12002. Statement of purpose.
``Sec. 12003. Urban education demonstration grants.
``Sec. 12004. Research and evaluation grants.
``Sec. 12005. Use of funds.
``Sec. 12006. Augustus F. Hawkins National Commission on Urban
Education.
``Sec. 12007. Evaluation.
``Part B--Rural Education Demonstration Grants
``Sec. 12101. Findings.
``Sec. 12102. Statement of purpose.
``Sec. 12103. Rural school grants.
``Sec. 12104. Higher education grants.
``Sec. 12105. National Commission on Rural Education.''.
TITLE II--AMENDMENTS TO THE GENERAL EDUCATION PROVISIONS ACT
Part A--Applicability of the General Education Provisions Act
Sec. 211. Title; applicability; definitions.
Sec. 212. Repeal and redesignation.
Part B--The Department of Education
Sec. 221. New heading for part A.
``Part A--Functions of the Department of Education''
Sec. 222. Office of non-public education.
Sec. 223. General authority of the Secretary.
Sec. 224. Coordination.
Part C--Appropriations and Evaluations
Sec. 230. Forward funding.
Sec. 231. Availability of appropriations.
Sec. 232. Contingent extension of programs.
Sec. 233. State reports.
Sec. 234. Biennial evaluation report.
Sec. 235. Technical amendment.
Sec. 236. Coordination.
Part D--Administration of Education Programs
Sec. 241. Joint funding of programs.
Sec. 242. Collection and dissemination of information.
Sec. 243. Review of applications.
Sec. 244. Technical amendment.
Sec. 245. Use of funds withheld.
Sec. 246. Applications.
Sec. 247. Regulations.
Sec. 248. Records; reduction in retention requirements.
Sec. 249. Release of records.
Sec. 250. Protection of pupil rights.
Sec. 251. Enforcement.
Sec. 252. Technical amendments.
Sec. 253. Equity for students, teachers, and other program
beneficiaries.
Sec. 254. Disclosure requirements.
Part E--Related Amendments to Other Acts
Sec. 261. Department of Education Organization Act.
TITLE III--AMENDMENTS TO OTHER ACTS
Part A--Amendments to the Individuals With Disabilities Education Act
Sec. 311. Allocations under section 611 of the IDEA.
Sec. 312. Treatment of chapter 1 State agencies.
Sec. 313. Infants and toddlers with disabilities.
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Part B--Education for Homeless Children and Youth
Sec. 320. Amendments to table of contents.
``Subtitle A--Adult Education for the Homeless
``Sec. 701. State literacy initiatives.
``Subtitle B--Education for Homeless Children and Youth
``Sec. 721. Statement of policy.
``Sec. 722. Grants for State and local activities for the education of
homeless children and youth.
``Sec. 723. Local educational agency grants for the education of
homeless children and youth.
``Sec. 724. Secretarial responsibilities.
``Sec. 725. Definitions.
``Sec. 726. Authorization of appropriations.''.
Sec. 321. Statement of policy.
Sec. 322. Education for homeless children and youth.
Part C--Impact Aid Statutes
Sec. 331. Amendments to Public Law 815.
``Sec. 2. Portion of appropriations available for payments.
``Sec. 3. Establishment of priorities.
``Sec. 5. Limitation on total payments to any local educational
agency.''.
Sec. 332. Repeal of Public Law 874.
Part D--Amendments to Adult Education Act
Sec. 335. Amendments to Adult Education Act.
Part E--Amendments to Education Council Act of 1991
Sec. 341. Findings.
Sec. 342. National writing project.
Part F--Amendments to Statutes Pertaining to Indian Education
Sec. 351. Bureau of Indian Affairs.
Sec. 352. Application with respect to Indian Self-Determination and
Education Assistance Act.
Sec. 353. Payments.
Sec. 354. Endowment funds.
Sec. 355. Higher education amendments of 1992.
TITLE IV--NATIONAL EDUCATION STATISTICS
Sec. 401. Short title.
Sec. 402. Findings; purpose; definitions.
Sec. 403. National Center for Education Statistics.
Sec. 404. Duties of the Center.
Sec. 405. Performance of duties.
Sec. 406. Reports.
Sec. 407. Advisory Council on Education Statistics.
Sec. 408. Confidentiality.
Sec. 409. Dissemination.
Sec. 410. Cooperative education statistics systems.
Sec. 411. National Assessment of Educational Progress.
Sec. 412. National Assessment Governing Board.
Sec. 413. Authorization of appropriations.
TITLE V--MISCELLANEOUS
Sec. 501. Evaluation of Federal efforts to assist in school reform.
Sec. 502. Study of the effectiveness and impact of Federal categorical
aid programs.
Sec. 503. Budget compliance.
SEC. 2. EFFECTIVE DATES; TRANSITION.
(a) Effective Dates.--(1)(A) Except as provided in
subparagraph (B), the provisions of title I of this Act shall
take effect July 1, 1995, except that those provisions of
title I that apply to programs under title VIII of the
Elementary and Secondary Education Act of 1965, as amended by
this Act, and to programs that are conducted on a competitive
basis, shall be effective with respect to appropriations for
use under such programs in fiscal year 1995 and in subsequent
fiscal years.
(B) Title VIII of the Elementary and Secondary Education
Act of 1965, as amended by title I of this Act, shall take
effect on October 1, 1994.
(2) The provisions of title II of this Act shall be
effective upon enactment, except that section 253 of such
title shall be effective--
(A) July 1, 1995, for noncompetitive programs in which
funds are allocated on the basis of a formula; and
(B) for programs that are conducted on a competitive basis,
with respect to appropriations for use under such programs in
fiscal year 1995 and in subsequent fiscal years.
(3)(A) Parts A and B of title III of this Act shall take
effect July 1, 1995.
(B) Part C of title III of this Act shall take effect on
October 1, 1994.
(b) Transition.--Notwithstanding any other provision of
law, a recipient of funds under the Elementary and Secondary
Education Act of 1965, as in effect prior to amendment by
this Act, may use funds available to it under such
predecessor authority to carry out necessary and reasonable
planning and transition activities in order to ensure a
smooth implementation of programs authorized by this Act.
TITLE I--AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF
1965
SEC. 101. AMENDMENTS TO THE ELEMENTARY AND SECONDARY
EDUCATION ACT OF 1965.
The Elementary and Secondary Education Act of 1965 is
amended to read as follows:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the ``Elementary and Secondary
Education Act of 1965''.
``TITLE I--IMPROVED EDUCATION FOR DISADVANTAGED CHILDREN
``SEC. 1001. DECLARATION OF POLICY AND STATEMENT OF PURPOSE.
``(a) Statement of Policy.--The Congress declares it to be
the policy of the United States that a high-quality education
for all persons and a fair and equal opportunity to obtain
such education--
``(1) are a societal good necessary for creating a vibrant
future for our complex and diverse democracy and for meeting
the challenge of an internationally competitive economy;
``(2) are a private good because individual opportunity is
greatly enhanced by being well educated;
``(3) are a moral imperative in our society and simple
justice demands that the opportunity to acquire skills and
knowledge deemed necessary for basic citizenship and economic
opportunity be equally available to all; and
``(4) improve the life of every person, because the quality
of individual lives ultimately depends on the quality of the
lives of others.
``(b) Recognition of Need.--The Congress recognizes that--
``(1) although the achievement gap between disadvantaged
children and other children has been reduced by half over the
past two decades, a sizable gap remains, and many segments of
our society lack the opportunity to become well educated;
``(2) the most urgent need for educational improvement is
in schools with high concentrations of children from low-
income families and achieving the National Education Goals
will not be possible without substantial improvement in these
schools;
``(3) educational needs are particularly great for low-
achieving children in the highest-poverty schools, children
with limited English proficiency, children of migrant
workers, Indian children, children who are neglected or
delinquent, and young children and their parents who are in
need of family-literacy services; and
``(4) while title I and other programs funded under this
Act contribute to narrowing the achievement gap between
children in high-poverty and low-poverty schools, such
programs need to become even more effective in improving
schools in order to enable all children to achieve high
standards.
``(c) What Has Been Learned.--To enable schools to provide
all children a high-quality education, this title builds upon
what has been learned:
``(1) All children can master challenging content and
complex problem-solving skills and research clearly shows
that children, including low-achieving children, can succeed
when expectations are high and they are given the opportunity
to learn challenging material.
``(2) Conditions outside the classroom such as hunger,
unsafe living conditions, homelessness, unemployment,
violence, inadequate health care, child abuse, and drug and
alcohol abuse can adversely affect children's academic
achievement and must be addressed through the coordination of
services, such as health and social services, in order for
the Nation to meet the National Education Goals.
``(3) A better understanding of the principles of good
health can help children and adolescents succeed in school,
become active, productive members of society, and
successfully compete in a rapidly changing global economy.
Schools that provide quality physical and health education
contribute to enhanced knowledge, behavior, and fitness of
children and adolescents.
``(4) Use of low-level tests that are not aligned with
schools' curricula fails to provide adequate information
about what children know and can do and encourages curricula
and instruction that focus on the low-level skills measured
by such tests.
``(5) Resources are more effective when they ensure that
children have full access to effective regular school
programs and receive supplemental help through extended-time
activities.
``(6) The disproven theory that children must first learn
basic skills before engaging in more complex tasks continues
to dominate strategies for classroom instruction, resulting
in emphasis on repetitive drill and practice at the expense
of content-rich instruction, accelerated curricula, and
effective teaching to high standards.
``(7) Intensive and sustained professional development for
teachers and other school staff (focused on teaching and
learning and on helping children attain high standards) is
too often not provided.
``(8) Insufficient attention and resources are directed
toward the effective use of technology in schools and the
role it can play in professional development and improved
teaching and learning.
``(9) All parents can contribute to their children's
success by helping at home and becoming partners with
teachers so that children can achieve high standards.
``(10) Decentralized decisionmaking is a key ingredient of
systemic reform. Schools need the resources, flexibility, and
responsibility to design and implement effective strategies
for bringing children to high levels of performance and
should accept responsibility to do so.
``(11) Opportunities for students to achieve high standards
can be enhanced through a variety of approaches such as
public school choice and public charter schools.
``(12) Attention to academics alone cannot ensure that all
children will reach high
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standards. The health and other needs of children that affect
learning are frequently unmet, particularly in high-poverty
schools, thereby necessitating coordination of services to
better meet children's needs.
``(13) Resources provided under this title can be better
targeted on the highest-poverty local educational agencies
and schools that have children most in need.
``(d) Statement of Purpose.--The purpose of this title is
to enable schools to provide opportunities for children
served to acquire the knowledge and skills contained in the
rigorous State content standards and to meet the challenging
State performance standards developed for all children under
the Goals 2000: Educate America Act or, in their absence,
under this title. This purpose shall be accomplished by--
``(1) ensuring high standards for all children and aligning
the efforts of States, local educational agencies, and
schools to help children served under this title to reach
such standards;
``(2) providing children an enriched and accelerated
educational program through schoolwide programs or through
additional services that increase the amount and quality of
instructional time so that children served under this title
receive at least the classroom instruction that other
children receive;
``(3) promoting schoolwide reform and ensuring access of
children (from the earliest grades) to effective
instructional strategies and challenging academic content
that includes intensive complex thinking and problem-solving
experiences;
``(4) significantly upgrading the quality of curricula and
instruction by providing staff in participating schools with
substantial opportunities for intensive and sustained
professional development;
``(5) coordinating services under all parts of this title
with each other, with other educational services, and, to the
extent feasible, with health and social service programs
funded from other sources;
``(6) affording parents meaningful opportunities to
participate in the education of their children at home and at
school;
``(7) distributing resources, in amounts sufficient to make
a difference, to schools where needs are greatest;
``(8) improving accountability, as well as teaching and
learning, by using State assessment systems designed to
measure how well children are achieving high State standards
of performance expected of all children; and
``(9) providing greater decisionmaking authority and
flexibility to schools and teachers in exchange for greater
responsibility for student performance.
``SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.
``Appropriations are authorized for the following programs
and activities under this title:
``(1) Local educational agency grants.--For the purpose of
carrying out part A of this title, other than sections 1117,
and 1120(d), there are authorized to be appropriated
$7,400,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``(2) Even start.--For the purpose of carrying out part B
of this title, there are authorized to be appropriated
$118,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``(3) Education of migratory children.--For the purpose of
carrying out part C of this title, there are authorized to be
appropriated $310,000,000 for fiscal year 1995 and such sums
as may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.
``(4) Prevention and intervention services for delinquent
youth and youth at risk of dropping out.--For the purpose of
carrying out part D of this title, there are authorized to be
appropriated $40,000,000 for fiscal year 1995 and such sums
as may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.
``(5) Capital expenses.--For the purpose of carrying out
section 1120(d) of this title, there are authorized to be
appropriated $41,434,000 for fiscal year 1995 and such sums
as may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.
``(6) School improvement.--For the purpose of carrying out
the activities authorized in section 1117 of this title,
there are authorized to be appropriated $30,000,000 for
fiscal year 1995 and such sums as may be necessary for each
of the fiscal years 1996, 1997, 1998, and 1999.
``(7) Federal activities.--(A) For the purpose of carrying
out section 1501 of this title, there are authorized to be
appropriated $9,000,000 for fiscal year 1995 and such sums as
may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.
``(B) For the purpose of carrying out sections 1502 and
1503 of this title, there are authorized to be appropriated
$20,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``PART A--BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES
``Subpart 1--Basic Program Requirements
``SEC. 1111. STATE PLANS.
``(a) Plans Required.--(1) Any State desiring to receive a
grant under this part shall submit to the Secretary a plan,
developed in consultation with local educational agencies,
teachers, administrators, and parents, that--
``(A)(i) is integrated with the State's plan, either
approved or being developed, under title III of the Goals
2000: Educate America Act, and satisfies the requirements of
this section that are not already addressed by that State
plan; and
``(ii) is integrated with other State plans, if any, under
the School-to-Work Opportunities Act of 1993 and the Carl D.
Perkins Vocational and Applied Technology Education Act, to
the extent that these plans have not already been
incorporated in the State's plan under title III of the Goals
2000: Educate America Act; or
``(B) if the State does not have an approved plan under
title III of the Goals 2000: Educate America Act and is not
developing such a plan--
``(i) is integrated with other State plans under this Act
and other plans, including those under the School-to-Work
Opportunities Act of 1993 and the Carl D. Perkins Vocational
and Applied Technology Education Act, where such plans exist;
and
``(ii) satisfies the requirements of this section.
``(2) The plan may be submitted as part of a consolidated
application under section 9302.
``(3) A State may satisfy all or part of the requirements
of this section by referencing applicable sections of its
approved State plan under title III of the Goals 2000:
Educate America Act.
``(b) Standards and Assessment Provisions.--(1)(A) Each
State plan shall demonstrate that the State has developed or
adopted high-quality standards for children served under this
title that will be used by the State, its local educational
agencies, and its schools to carry out this Act and that
these standards be as challenging and of the same high-
quality as they are for all children. These standards shall
include--
``(i) challenging content standards in the core academic
subjects that--
``(I) specify what children served under this title are
expected to know and be able to do;
``(II) contain coherent and rigorous content; and
``(III) emphasize the teaching of advanced skills;
``(ii) challenging performance standards that--
``(I) are aligned with the State's content standards;
``(II) describe two levels of high performance,
`proficient' and `advanced', that determine how well children
served under this title are mastering the material in the
content standards; and
``(III) include a third benchmark below proficient, if
necessary, to provide complete information about the progress
of the lower-performing children toward achieving the high
`proficient' and `advanced' performance standards; and
``(iii) model opportunity to learn standards for schools
which receive assistance under this title that address--
``(I) the alignment of curricula, instructional materials,
and other school resources with the content and performance
standards adopted by the State;
``(II) the capability of teachers to provide high quality
instruction within each subject area for which the State has
adopted content and performance standards; and
``(III) such other factors that the State deems appropriate
to ensure that students served under this title receive a
fair opportunity to achieve the knowledge and skills
described in content and performance standards adopted by the
State.
``(B) For those core academic subjects in which a State has
not adopted challenging content and performance standards,
the State plan shall include a schedule for their development
that includes the completion of standards in mathematics and
reading/language arts by the end of the interim period as
described in paragraph (8).
``(2)(A) Each State plan shall demonstrate, based on
assessments described under paragraph (3), what constitutes
adequate yearly progress of--
``(i) any school served under this part toward enabling
children to meet the State's `proficient' and `advanced'
performance standards; and
``(ii) any local educational agency that received funds
under this part toward enabling children in schools receiving
assistance under this part to meet the State's `proficient'
and `advanced' performance standards.
``(B) Adequate yearly progress shall be defined in a
manner--
``(i) that is consistent with criteria of general
applicability established by the Secretary and results in
continuous and substantial yearly improvement for
economically disadvantaged, limited-English proficient, and
all students under this title in each school and local
educational agency toward the goal of all children under this
title meeting the State's challenging `advanced' performance
standards; and
``(ii) links progress primarily to performance on the
assessments carried out under this section while permitting
progress to be established in part through the use of other
outcome-based measures such as reductions in drop-out rates.
``(3) Each State plan shall demonstrate that the State has
developed or adopted a set of high-quality, yearly student
assessments that will be used as the primary means of
determining the yearly performance of each local educational
agency and school receiving assistance under this part in
enabling children served under this title to meet the State's
performance standards and that these assessments be
challenging and of the
[[Page 484]]
same high-quality as they are for all children. These
assessments shall--
``(A) be aligned with the State's challenging content and
performance standards and provide coherent information about
student attainment of such standards;
``(B) be used for purposes for which they are valid and
reliable, and be consistent with relevant nationally
recognized professional and technical standards of
assessments;
``(C) shall measure the proficiency of students in the core
academic subjects in which a State has adopted challenging
content and performance standards and be administered at some
time during--
``(i) grades 3 through 5;
``(ii) grades 6 through 9; and
``(iii) grades 10 through 12.
``(D) be comprised of multiple, up-to-date measures of
student performance;
``(E)(i) include limited-English proficient students who
shall be assessed, to the extent practicable, in the language
and form most likely to yield accurate and reliable
information on what these students know and can do, to
determine their mastery of skills in subjects other than
English;
``(ii) include students who have been resident in a local
educational agency for a full academic year but have not
attended a single school for a full year, provided that the
performance of students who have attended more than one
school in the local educational agency in any academic year
shall be used only in determining the progress of the local
educational agency; and
``(iii) include students with disabilities who shall be
assessed, to the extent practicable, in a manner and form
most likely to yield accurate and reliable information on
what these students know and can do, including assessment
accommodations and modifications necessary to make such
determinations, provided that those students who are
determined, through valid evaluation conducted by qualified
personnel, to be so severely cognitively impaired as to
permanently lack the capacity to make any educational
progress, with the provision of special education and related
services, in meeting the State content and performance
standards may be exempted from the assessment process;
``(F) provide individual student scores; and
``(G) provide for disaggregated results within each State,
local educational agency, and school by gender, by each major
racial and ethnic group, by English proficiency status, and
by economically disadvantaged students as compared to
students who are not economically disadvantaged.
``(4) Each State plan shall identify the languages other
than English that are present in the participating student
population and indicate the languages for which yearly
student assessments are not available and are needed. The
State shall make every effort to develop such assessments and
shall notify the Secretary if linguistically-accessible
assessment measures are needed. Upon notification, the
Secretary shall assist with the identification of appropriate
assessment measures in the needed languages through the
Office of Bilingual Education and Minority Language Affairs.
``(5) If a State has developed or adopted challenging
content and performance standards and an aligned set of
assessments for all students such as those developed under
title III of the Goals 2000: Educate America Act, or another
process, the State shall use such standards and assessments,
modified, if necessary, to conform with the requirements of
paragraphs (1)(A)(ii), (2), and (3).
``(6) If, after 2 years, a State does not have challenging
content and performance standards that meet the requirements
of paragraph (1) or after 3 years, a State does not have
assessments that meet the requirements of paragraph (3), a
State shall adopt a set of standards and aligned assessments
such as the standards and assessments contained in other
State plans that the Secretary has approved.
``(7)(A) If a State does not have assessments that meet the
requirements of paragraph (3), the State may propose to use
an interim set of yearly statewide assessments that will
assess the performance of complex skills and challenging
subject matter.
``(B) For any year during which a State is using an interim
assessment system, the State shall devise a means for
identifying schools and local educational agencies in need of
improvement under section 1116.
``(c) Other Provisions To Support Teaching And Learning.--
Each State plan shall also describe--
``(1)(A) the means by which the State educational agency
will work with other agencies, including educational service
agencies or other local consortia, and institutions to
provide technical assistance to local educational agencies
and schools to carry out the State educational agency's
responsibilities under this part, including assistance in
providing high quality professional development under section
1119 and technical assistance under section 1117; and
``(B)(i) where educational service agencies exist, the
State educational agency shall consider providing
professional development and technical assistance through
such agencies; and
``(ii) where educational service agencies do not exist, the
State educational agency shall consider providing
professional development and technical assistance through
other cooperative agreements such as a consortium of local
educational agencies;
``(2) the measure of poverty that local educational
agencies shall use which shall include such measures as the
number of children age 5 to 7 in poverty counted in the most
recent census data approved by the Secretary, the number of
children eligible to receive free and reduced price lunches
under the National School Lunch Act, the number of children
in families receiving assistance under Aid to Families With
Dependent Children or the number of children eligible to
receive medical assistance under the Medicaid program; or a
composite of such indicators;
``(3) how the State educational agency will notify local
educational agencies and the public of the standards and
assessments developed under this section, and of the
authority to operate schoolwide programs, and fulfill its
local educational agency and school improvement
responsibilities under section 1116, including the corrective
actions it will take under section 1116(d)(6);
``(4) how the State educational agency will encourage the
use of funds from other Federal, State, and local sources for
schoolwide reform in schoolwide programs under section 1114;
``(5) how the Committee of Practitioners established under
section 1603(b) was substantially involved in the development
of the plan and will continue to be involved in monitoring
its implementation by the State;
``(6) how the State educational agency will assess the
needs of local educational agencies serving rural areas and
the plans the State educational agency has to meet those
needs;
``(7) how the State educational agency will encourage the
establishment and operation of cooperative education,
mentoring, and apprenticeship programs, involving business
and industry; and
``(8) how the State will coordinate activities funded under
this part with school-to-work and vocational education
programs, as appropriate.
``(d) Peer Review and Secretarial Approval.--The
Secretary--
``(1) shall establish a peer review process to assist in
the review of State plans;
``(2) shall appoint individuals to the peer review process
who shall be representative of State educational agencies,
local educational agencies, teachers, and parents;
``(3) shall, following an initial peer review, approve a
State plan the Secretary determines meets the requirements of
subsections (a), (b), and (c); and
``(4)(A) shall, if the Secretary determines that the State
plan does not meet the requirements of subsection (a), (b),
or (c), immediately notify the State of such determination
and the reasons for it;
(B) shall not decline to approve a State's plan before
offering the State an opportunity to revise its plan or
application, provide technical assistance in order to assist
the State to meet the requirements under subsections (a),
(b), and (c) and a hearing; and
(C) may withhold funds until determining that the plan
meets the requirements of this section, provided, however,
that the Secretary may not withhold funds on the basis of the
specific content of the opportunity-to-learn standards
adopted by a State under this section.
``(e) Duration of the Plan.--(1) Each State plan shall--
``(A) remain in effect for the duration of the State's
participation under this part; and
``(B) be periodically reviewed and revised by the State, as
necessary, to reflect changes in the State's strategies and
programs under this part.
``(2) If the State makes significant changes in its plan,
such as the adoption of new content and performance
standards, new assessments, or a new definition of adequate
progress, the State shall submit this information to the
Secretary for approval.
``(f) Nothing in this title shall be construed to authorize
an officer or employee of the Federal Government to mandate,
direct, or control a State, local educational agency, or
school's specific instructional content or pupil performance
standards and assessments, curriculum, or program of
instruction as a condition of eligibility to receive funds
under this title.
``(g) Notwithstanding any other provision of this Act, the
implementation of model opportunity-to-learn standards shall
be voluntary on the part of the States, local educational
agencies, and schools.
``(h) Nothing in this title shall be construed to authorize
an officer, or employee of the Federal Government to mandate,
direct, or control a State, local educational agency, or
school's specific opportunity-to-learn standards as a
condition of eligibility to receive funds under this title.
``(i) Nothing in this section shall be construed to create
a legally enforceable right for any person against a State,
local educational agency, or school based on opportunity-to-
learn standards.
``(j) Nothing in this section shall be construed to mandate
equalized spending per pupil for State, local educational
agency, or school.
``(k) Nothing in this section shall be construed to mandate
national school building standards for a State, local
educational agency, or school.
``(l) If aggregate State expenditure by the State
educational agency for operation of elementary and secondary
education programs is less than the State educational
agency's aggregate Federal allocation for State operation of
all Federal elementary and secondary education programs, then
the State plan for title I must include assurances and
specific provisions for State expenditures for operation of
elementary and secondary education programs to equal or
exceed the level of Federal expenditures for such operation
by fiscal year 1999.
[[Page 485]]
``SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.
``(a) Plans Required.--(1) A local educational agency may
receive a subgrant under this part for any fiscal year only
if it has on file with the State educational agency a plan,
approved by the State educational agency, that--
``(A)(i) is integrated with the local educational agency's
plan, either approved or being developed, under title III of
the Goals 2000: Educate America Act, and satisfies the
requirements of this section that are not already addressed
by that State plan; and
``(ii) is integrated with local plans, if any, under the
School-to-Work Opportunities Act of 1993 and the Carl D.
Perkins Vocational and Applied Technology Education Act, to
the extent that such plans have not already been incorporated
into the local educational agency's plan under title III of
the Goals 2000: Educate America Act; or
``(B) if the local educational agency does not have an
approved plan under title III of the Goals 2000: Educate
America Act and is not developing such a plan--
``(i) is integrated with other local plans under this Act
and other plans, including those under the School-to-Work
Opportunities Act of 1993 and the Carl D. Perkins Vocational
and Applied Technology Education Act, where such plans exist;
and
``(ii) satisfies the requirements of this section.
``(2) The plan may be submitted as part of a consolidated
application under section 9302.
``(3) A local educational agency may satisfy all or part of
the requirements of this section by referencing applicable
sections of its approved plan under title III of the Goals
2000: Educate America Act.
``(b) Standards and Assessment Provisions.--Each local
educational agency plan shall include--
``(1) a description of its challenging content and
performance standards, if any, in the core subjects, in
addition to the content and performance standards adopted by
the State under section 1111, that the local educational
agency expects children served under this title to meet;
``(2) a description, based on the assessments described
under paragraph (3), of what constitutes adequate yearly
progress if a local educational agency elects to establish
such measures that are more stringent than the measures
described in the State plan under section 1111;
``(3) a description of additional high-quality student
assessments, if any, other than the assessments described in
the State plan under section 1111, that the local educational
agency and schools served under this part will use to--
``(A) determine the success of children served under this
title in meeting the State's performance standards;
``(B) assist in diagnosis, teaching, and learning in the
classroom in ways that best enable children served under this
title to meet State standards and do well in the local
curriculum; and
``(C) determine what revisions are needed to projects under
this part so that such children will meet the State's
performance standards.
``(c) Other Provisions To Support Teaching and Learning.--
(1) To ensure high-quality instruction to enable
participating children to meet the State's challenging
performance standards expected of all students, each local
educational agency plan shall describe a coherent strategy
for intensive and sustained professional development for
teachers, administrators, and other staff, including staff of
such agency, in accordance with section 1119.
``(2) Each local educational agency plan shall describe how
the local educational agency will--
``(A) notify schools of the authority to operate schoolwide
programs;
``(B) work in consultation with schools as the schools
develop their plans pursuant to section 1114 or 1115 and
assist schools as they implement such plans so that each
school can make adequate yearly progress toward meeting the
State's standards; and
``(C) fulfill its school improvement responsibilities under
section 1116, including the corrective actions it will take
under section 1116(c)(5).
``(3) To address the comprehensive needs of children served
under this title, each local educational agency plan shall
describe how the local educational agency will--
``(A) coordinate and integrate services provided under this
part with other educational services at the local educational
agency or individual school level, including--
``(i) Even Start, Head Start, and other preschool programs,
including plans for the transition of participants in such
programs to local elementary school programs, vocational
education programs, and school-to-work transition programs;
and
``(ii) services for children with limited English
proficiency or with disabilities, migratory children served
under part C of this title or who were formerly eligible for
services under part C in the 2-year period preceding the date
of the enactment of this title, delinquent youth and youth at
risk of dropping out served under part D of this title,
homeless children, and immigrant children in order to
increase program effectiveness, eliminate duplication, and
reduce fragmentation of the children's instructional program;
and
``(B) coordinate and collaborate with other agencies
providing services to children, youth, and families,
including health and social services.
``(4) The local educational agency plan also shall include
a description of--
``(A) the poverty criteria that will be used to select
school attendance areas under section 1113;
``(B) the multiple criteria that will be used by targeted
assistance schools under section 1115 to identify children
eligible for services under this part;
``(C) the nature of the programs to be conducted by its
schools under sections 1114 and 1115 and services outside
such schools for children in local institutions for neglected
or delinquent children and eligible homeless children, in
accordance in section 1115(b)(2)(D);
``(D) how the local educational agency will ensure that
migratory children and formerly migratory children who are
eligible to receive services under this part are selected to
receive such services on the same basis as other children who
are selected to receive services under this part;
``(E) how a school that plans to serve preschool children
through the Head Start or Even Start programs will use its
funds to expand such programs to serve preschool children
from its attendance area that otherwise would not have been
served or increase the level of service to children presently
being served;
``(F) how the local educational agency will provide
services to eligible children attending private elementary
and secondary schools in accordance with section 1120, and
how timely and meaningful consultation with private school
officials regarding such services will occur; and
``(G) the number of schoolwide programs that will be
operating in the local educational agency.
``(d) Plan Development and Duration.--Each local
educational agency plan shall--
``(1) be developed in consultation with teachers, including
vocational teachers, where appropriate, and parents of
children in schools served under this part; and
``(2)(A) remain in effect for the duration of the local
educational agency's participation under this part; and
``(B) periodically be reviewed and revised, as necessary,
to reflect changes in the local educational agency's
strategies and programs.
``(e)(1) State Approval.--The State educational agency
shall approve a local educational agency's plan only if the
State educational agency determines that the plan will enable
schools served under this part to substantially help children
served under this title to meet the State's challenging
performance standards expected of all children.
``(2) The State educational agency shall review the local
educational agency's plan to determine if such agency's
professional development activities are in accordance with
section 1119.
``(f) Program Responsibility.--The local educational agency
plan shall reflect the shared responsibility of schools,
teachers, and the local educational agency in making
decisions required under sections 1114 and 1115.
``SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.
``(a) In General.--(1)(A)(i) A local educational agency
shall use funds received under this part only in school
attendance areas with high concentrations of children from
low-income families, hereafter in this section referred to as
`eligible school attendance areas'.
``(ii) For the purposes of this part--
``(I) `school attendance area' means, in relation to a
particular school, the geographical area in which the
children who are normally served by such school reside; and
``(II) `eligible school attendance area' means a school
attendance area in which the percentage of children from low-
income families is at least as high as the percentage of
children from low-income families in the local educational
agency as a whole.
``(B) If funds allocated in accordance with subsection (c)
are insufficient to serve all eligible school attendance
areas, a local educational agency shall--
``(i) annually rank, without regard to grade spans, its
eligible school attendance areas in which the concentration
of children from low-income families exceeds 75 percent from
highest to lowest according to the percentage of children
from low-income families; and
``(ii) serve such eligible school attendance areas in rank
order.
``(C) If funds remain after serving all eligible school
attendance areas under subparagraph (B), a local educational
agency shall--
``(i) annually rank its remaining eligible school
attendance areas from highest to lowest either by grade span
or for the entire local educational agency according to the
percentage of children from low-income families; and
``(ii) serve such eligible school attendance areas in rank
order either within each grade-span grouping or within the
local educational agency as a whole.
``(2) The local educational agency shall use as the measure
of poverty, the number of children ages 5-17 in poverty
counted in the most recent census data approved by the
Secretary, the number of children eligible for free and
reduced priced lunches under the National School Lunch Act,
the number of children in families receiving assistance under
Aid to Families with Dependent Children or the number of
children eligible to receive medical assistance under the
Medicaid program, or a composite of such indicators,
[[Page 486]]
with respect to all school attendance areas in the local
educational agency--
``(A) to identify eligible school attendance areas;
``(B) to determine the ranking of each area; and
``(C) to determine allocations under subsection (c).
``(3) This subsection shall not apply to a local
educational agency with a total enrollment of less than 1,000
children.
``(b) Local Educational Agency Discretion.--Notwithstanding
subsection (a)(1), a local educational agency may--
``(1) designate as eligible any school attendance area or
school in which at least 50 percent of the children are from
low-income families;
``(2) use funds received under this part in a school that
is not in an eligible school attendance area, if the
percentage of children from low-income families enrolled in
the school is equal to or greater than the percentage of such
children in a participating school attendance area of such
agency;
``(3)(A) elect not to serve an eligible school attendance
area or eligible school that has a higher percentage of
children from low-income families if--
``(i) the school meets the comparability requirements of
section 1121(c);
``(ii) the school is receiving supplemental funds from
other State or local sources that are spent according to the
requirements of section 1114 or 1115; and
``(iii) the funds expended from such other sources equal or
exceed the amount that would be provided under this part; and
``(B) notwithstanding subparagraph (A), the number of
children attending private elementary and secondary schools
who are to receive services, and the assistance they are to
receive under this part, shall be determined without regard
to whether the public school attendance area in which such
children reside is passed over under this paragraph;
``(4) use funds received under this part to serve eligible
children who reside in school attendance areas served under
the part and who attend schools in other school attendance
areas in accordance with a court-ordered school desegregation
plan or a plan which continues to be implemented in
accordance with a district-wide, court-ordered desegregation
plan; and
``(5) in local educational agencies that have over 900,000
students, to the extent feasible, use funds received under
this part to serve educationally deprived children who reside
in school attendance areas having high concentrations of
children from low-income families and who otherwise meet the
eligibility requirements of this part and who attend schools
in noneligible attendance areas.
``(c) Allocations.--(1) A local educational agency shall
allocate funds received under this part to eligible school
attendance areas or eligible schools, identified under
subsection (a) or (b), in rank order, on the basis of the
total number of children from low-income families in each
area or school.
``(2)(A) Except as provided in subparagraph (B), the per-
pupil amount of funds allocated to each school attendance
area or school under paragraph (1) shall be not less than 80
percent of the per-pupil amount of funds the local
educational agency received for such year under sections
1124, 1124A, and 1125.
``(B) A local educational agency may reduce the amount of
funds allocated under subparagraph (A) for a school
attendance area or school by the amount of any supplemental
State and local funds expended in such school attendance area
or school for programs that meet the requirements of section
1114 or 1115.
``(3) A local educational agency shall reserve such funds
as are necessary under this part to provide services
comparable to the services provided to children in schools
funded under this part to serve--
``(A) homeless children in accordance with section
1115(b)(2)(D); and
``(B) children in local institutions for delinquent
children.
``SEC. 1114. SCHOOLWIDE PROGRAMS.
``(a) Use of Funds for Schoolwide Programs.--(1) A local
educational agency may use funds under this part, in
combination with other Federal, State, and local funds, to
upgrade the entire educational program in an eligible school
if, for the initial year of the schoolwide program, the
school meets the following criteria:
``(A) For the school year 1995-96--
``(i) the school serves an eligible school attendance area
in which at least 65 percent of the children are from low-
income families; or
``(ii) at least 65 percent of the children enrolled in the
school are from such families.
``(B) For school year 1996-97 and thereafter, the
percentage requirement of clauses (i) and (ii) of
subparagraph (A) shall be 60 percent.
``(2) The provisions of paragraph (1) notwithstanding, a
local educational agency may start new schoolwide programs
only after the State educational agency provides written
information to each local educational agency in the State
that--
``(A) demonstrates that such State agency has established
the statewide system of support and improvement required by
section 1117 (c)(1) and (e); and
``(B) describes how such statewide system, together with
other providers of assistance with which the State has made
specific arrangements to assist schoolwide programs, such as
comprehensive technical assistance centers, regional
laboratories, and institutions of higher education, has the
capability of providing on-site assistance if necessary to
each eligible school.
``(3) A schoolwide program school shall use such funds only
to supplement the amount of funds that would, in the absence
of funds under this part, be made available from non-Federal
sources for the school, including funds needed to provide
services that are required by law for children with
disabilities and children with limited English proficiency.
``(4) A school may use funds received under any
noncompetitive, formula-grant program administered by the
Secretary, excluding programs under the Individuals With
Disabilities Education Act, and any discretionary program
contained on a list (updated as necessary) issued by the
Secretary to support a schoolwide program, notwithstanding
any provision of the statute or regulations governing any
such program.
``(b) Components of a Schoolwide Program.--(1) A schoolwide
program shall include the following components:
``(A) A comprehensive needs assessment of the entire school
that is based on information on the performance of children
in relation to the State's standards.
``(B) Schoolwide reform strategies that--
``(i) provide opportunities for all children to meet the
State's `proficient' and `advanced' performance standards
expected of all children;
``(ii) are based on research on effective means of
improving the achievement of children;
``(iii) use effective instructional strategies which may
include the integration of vocational and academic learning
(including applied learning and team teaching strategies)
that increase the amount and quality of learning time, such
as providing an extended school year and before- and after-
school programs and opportunities, and help provide an
enriched and accelerated curriculum rather than remedial
drill and practice, and that incorporate gender-equitable
methods and practices;
``(iv) address the needs of all children in the school, but
particularly the needs of low-achieving children, children
with limited-English proficiency, children from migratory
families, and children who are members of the target
population of any program that is included in the schoolwide
program, address how the school will determine if such needs
have been met, describe the current program being offered to
limited-English proficient students, and address how the
school will build upon, expand, or coordinate the schoolwide
program with the current program; and
``(v) are consistent with, and are designed to implement,
the State and local reform plans, if any, approved under
title III of the Goals 2000: Educate America Act.
``(C) Instruction by highly qualified professional staff.
``(D) Intensive and sustained professional development for
teachers, principals, and other staff, including aides, in
accordance with section 1120, to enable all children in the
school to meet the State's performance standards.
``(E) Strategies to increase parental involvement,
including family literary services.
``(F) Plans for assisting preschool children in the
transition from early childhood programs, such as Head Start,
Even Start, or a State-run preschool program, to local
elementary school programs.
``(G) Additionally, in schools serving children beyond
grade six, in coordination with funds available from other
programs and, as appropriate, drawing on private and public
organizations--
``(i) counseling and mentoring services;
``(ii) college and career awareness, exploration, and
preparation, such as college and career guidance,
comprehensive career development, occupational information,
enhancement of employability and occupational skills,
personal finance education, job placement services, and
innovative teaching methods which may include applied
learning and team teaching strategies; and
``(iii) services to prepare students for the transition
from school to work, including the formation of partnerships
between elementary, middle, and secondary schools and local
businesses, and the integration of school-based and work-
based learning.
``(2)(A) Any eligible school that desires to operate a
schoolwide program shall first develop, in consultation with
the local educational agency and its school support team or
other technical assistance provider consistent with the
provisions in subsection (c)(1) and (e) of section 1117, a
comprehensive plan for reforming the total instructional
program in the school that--
``(i) incorporates the components described in paragraph
(1);
``(ii) describes how the school will use resources under
this part and from other sources to implement such
components;
``(iii) includes a list of State and local educational
agency programs and other Federal programs under paragraph
(a)(3) that will be included in the schoolwide program; and
``(iv) describes how the school will provide individual
student assessment results, including an interpretation of
those results, to the parents of a child who participates in
the assessment required by section 1111(b)(3).
``(B) Plans developed before a State has adopted standards
and a set of assessments that meet the criteria in section
1111(b) (1) and (3) shall be based on an analysis of
available data on the achievement of students in the school
and a review of the school's in-
[[Page 487]]
structional practices in the context of available research on
effective instructional and school improvement practices.
``(C) The comprehensive plan shall be--
``(i) developed during a one-year period, unless--
``(I) the local educational agency, based on the
recommendation of the technical assistance providers under
section 1117, determines that less time is needed to develop
and implement the schoolwide program; or
``(II) the school is operating a schoolwide program at the
time this section takes effect, in which case it may continue
to operate such program, but shall develop a new plan during
the first year to reflect the provisions of this section;
``(ii) developed with the involvement of the community to
be served and individuals who will carry it out, including
teachers, principals, other staff, parents, and, if the plan
relates to a secondary school, students from the school;
``(iii) reviewed and revised, as necessary, by the school;
``(iv) made available to parents and the public with the
information contained in such plan translated, to the extent
feasible, into any language that a significant percentage of
the parents of participating children in the school speak as
their primary language; and
``(v) developed where appropriate in coordination with
programs under the School-to-Work Opportunities Act, the Carl
D. Perkins Vocational and Applied Technology Education Act,
and the National and Community Service Trust Fund Act.
``(c) Accountability.--
``(1) As provided in subsection (c) of section 1116, each
schoolwide program shall be subject to school improvement for
failure to make adequate progress for two consecutive years.
``(2) A schoolwide program identified for school
improvement under such subsection that has not made adequate
progress by the third year following such identification
shall be subject to corrective actions by the local
educational agency, as well as, where appropriate,
termination of schoolwide program status.
``(3) A school that has forfeited its schoolwide status may
not regain such status until the local educational agency
determines that the school has adequately reformed its
schoolwide program plan to enable it to make adequate
progress toward meeting the State's challenging performance
standards.
``SEC. 1115. TARGETED ASSISTANCE SCHOOLS.
``(a) In General.--In all schools selected to participate
under section 1113 that are ineligible for a schoolwide
program, or that choose not to operate a schoolwide program,
a local educational agency may use funds received under this
part only for programs that provide services to eligible
children identified as having the greatest need for special
assistance.
``(b) Eligible Children.--(1)(A) The eligible population
for services under this part is--
``(i) children up to age 21 who are entitled to a free
public education through grade 12; and
``(ii) children who are not yet at a grade level where the
local educational agency provides a free public education,
yet are of an age at which they can benefit from an organized
instructional program provided in a school or other
educational setting.
``(B) From the population described in subparagraph (A),
eligible children are children identified by the school as
failing, or most at risk of failing, to meet the State's
challenging performance standards on the basis of multiple,
educationally related, objective criteria established by the
local educational agency and supplemented by the school,
except that children from preschool through grade two shall
be selected solely on the basis of such criteria as teacher
judgment, interviews with parents, and developmentally
appropriate measures.
``(2)(A)(i) Children receiving services to overcome a
disability or limited English proficiency are eligible for
services under this part on the same basis as other children
selected to receive services under this part.
``(ii) Funds received under this part may not be used to
provide services that are otherwise required by law to be
made available to such children.
``(B) A child who, at any time in the previous two years,
participated in a Head Start, Even Start, or State-run
preschool program shall be automatically eligible for
services under this part.
``(C)(i) A child who, at any time in the previous two years
received services under the program for delinquent youth and
youth at risk of dropping out under part D of this title (or
its predecessor authority) may be eligible for services under
this part.
``(ii) Any child in a local institution for neglected or
delinquent children or attending a community day program for
such children is eligible for services under this part.
``(D) A local educational agency shall use funds received
under this part to serve eligible homeless children who
attend a school in the local educational agency that receives
funds under this title. To the extent feasible, a local
educational agency shall use funds received under this part
to serve eligible homeless children who attend schools in
noneligible attendance areas, including providing
educationally related support services to children in
shelters, where appropriate.
``(c) Components of a Targeted Assistance School Program.--
(1) To assist targeted assistance schools and local
educational agencies to meet their responsibility to provide
all students with the opportunity to meet the State's
challenging performance standards, each targeted assistance
program under this section shall--
``(A) use its resources under this part to help
participating children meet the challenging performance
standards expected for all children;
``(B) be based on research on effective means for improving
achievement of children;
``(C) use effective instructional strategies that--
``(i) give primary consideration to providing extended
learning time such as an extended school year and before- and
after-school programs and opportunities;
``(ii) involve an accelerated, high-quality curriculum,
including applied learning, rather than remedial drill and
practice; and
``(iii) minimize removing children from the regular
classroom for instruction provided under this part;
``(D) be coordinated with and support the regular program
in providing an enriched and accelerated curriculum for
eligible children;
``(E) provide instruction by highly qualified professional
staff;
``(F) provide opportunities for intensive and sustained
professional development in accordance with section 1119 with
resources under this part and from other sources for
administrators and for teachers and other school staff who
work with participating children in programs under this
section or in the regular education program;
``(G) provide strategies to increase parental involvement,
including family literary services;
``(H) provide plans for assisting preschool children in the
transition from early childhood programs, such as Head Start,
Even Start, or a State-run preschool program, to local
elementary school programs; and
``(I) include, additionally, in schools serving children
beyond grade six, in coordination with funds available from
other programs and, as appropriate, drawing on private and
public organizations--
``(i) counseling and mentoring;
``(ii) college and career awareness and preparation, such
as college and career guidance, comprehensive career
development, enhancement of employability skills, personal
finance education, and job placement services; and
``(iii) services to prepare students for the transition
from school to work, including the formation of partnerships
between elementary, middle, and secondary schools and local
businesses.
``(2)(A) Each school conducting a program under this
section shall develop, in consultation with the local
educational agency, a plan to assist participating children
to meet the State's `proficient' and `advanced' performance
standards that describes--
``(i) the selection of children to participate in
accordance with subsection (b);
``(ii) the program to be conducted that incorporates the
components described in paragraph (1) and how the resources
provided under this part will be coordinated with other
resources to enable the children served to meet the State's
standards;
``(iii) how the school will review, on an ongoing basis,
the progress of participating children and revise the
program, if necessary, to provide additional assistance to
enable such children to meet the State's challenging
performance standards such as an extended school year and
before- and after-school programs and opportunities, training
for teachers regarding how to identify students that require
additional assistance, and training for teachers regarding
how to implement performance standards in the classroom; and
``(iv) if the school is eligible to operate a schoolwide
program under section 1114, why it chose not to do so.
``(B) Plans developed before a State has adopted standards
and a set of assessments that meet the criteria of section
1111(b) (1) and (3) shall be based on an analysis of
available data on the achievement of participating children
and a review of the school's instructional practices in the
context of available research on effective instructional
practices.
``(C) Each plan shall be--
``(i) developed with the involvement of the community to be
served and the individuals who will carry it out, including
teachers, administrators, other staff, parents,
representatives from business and industry, and, if the plan
relates to a secondary school, students from the school;
``(ii) approved by the local educational agency and made
available to parents and the information contained therein
translated, to the extent feasible, into any language that a
significant percentage of the parents of participating
children in the school speak as their primary language; and
``(iii) reviewed and revised, as necessary, by the school.
``(d) Assignment of Personnel.--To promote the integration
of staff paid with funds under this part and children served
under this part into the regular school program and overall
school planning and improvement efforts, public school
personnel who are paid with funds received under this part
may--
``(1) assume limited duties that are assigned to similar
personnel who are not so paid, including duties beyond
classroom instruction or that do not benefit participating
children so long as the amount of time spent on such duties
is the same proportion of
[[Page 488]]
total work time as prevails with respect to similar personnel
at the same school;
``(2) participate in general professional development and
school planning activities; and
``(3) collaboratively teach with regular classroom
teachers, so long as their efforts directly benefit
participating children.
``SEC. 1115A. SCHOOL CHOICE.
``(a) Choice Programs.--A local educational agency may use
funds under this part, in combination with other Federal,
State, local, and private funds to develop and implement
choice programs, for children eligible for assistance under
this title, which permit parents to select the public school
that their children will attend.
``(b) Choice Plan.--A local educational agency that chooses
to implement a school choice plan shall first develop a
comprehensive plan that includes assurances that--
``(1) all eligible students across grade levels will have
equal access to the program;
``(2) the program does not include schools which follow a
racially discriminatory policy;
``(3) describe how the school will use resources under this
part and from other sources to implement such components;
``(4) describe how the school will provide individual
student assessment results, including an interpretation of
such results, to the parents of a child who participates in
the assessment required by section 1111(b)(3);
``(5) the plan will be developed with the involvement of
the community to be served and individuals who will carry it
out, including teachers, principals, and other staff,
parents, and, if the plan relates to a secondary school,
students from the school;
``(6) the plan will be made available to parents and the
public; and
``(7) the program shall not include schools that do not
receive funds under this title.
``SEC. 1116. ASSESSMENT AND SCHOOL AND LOCAL EDUCATIONAL
AGENCY IMPROVEMENT.
``(a) Local Review.--Each local educational agency
receiving funds under this part shall--
``(1) use the State assessments described in the State plan
and any additional measures described in the local
educational agency's plan to review annually the progress of
each school served under this part to determine whether the
school is meeting, or making adequate progress as defined in
section 1111(b)(2)(A)(i) or section 1112(b)(2), as
appropriate, toward enabling its students to meet, the
State's performance standards;
``(2) publicize and disseminate to teachers, parents,
students, and the community the results of the annual review
under paragraphs (1) and (2) of all schools served under this
part in individual school performance profiles that include
disaggregated results as required by section 1111(b)(3)(G);
and
``(3) provide the results of the local annual review to
schools so that they can continually refine the program of
instruction to help all children in such schools to meet the
State's high performance standards.
``(b) Designation of Distinguished Schools.--Each State
educational agency and local educational agency receiving
funds under this part shall designate distinguished schools
in accordance with section 1117.
``(c) School Improvement.--(1) A local educational agency
shall identify for school improvement any school served under
this part that--
``(A) has been in program improvement under section 1021 of
chapter 1 of title I of the Elementary and Secondary
Education Act of 1965, as in effect before the effective date
of the Improving America's Schools Act of 1994, for at least
two consecutive school years prior to such date;
``(B) has not made adequate progress as defined in the
State's plan under section 1111(b)(2)(A)(i) or section
1112(b)(2), as appropriate, for two consecutive school years;
or
``(C) has failed to meet the criteria established by the
State through its interim procedure under section
1111(b)(5)(C) for two consecutive years.
``(2) A school shall not be identified for school
improvement if virtually all its students meet the State's
advanced performance standards.
``(3)(A) Each school identified under paragraph (1) shall--
``(i) in consultation with parents, the local educational
agency, and, for schoolwide programs, the school support
team, revise its school plan under section 1114 or 1115 in
ways that have the greatest likelihood of improving the
performance of participating children in meeting the State's
performance standards including reviewing the school's plan
in the context of the State's model opportunity-to-learn
standards; and
``(ii) submit the revised plan to the local educational
agency for approval.
``(B) Before identifying a school for program improvement
under paragraph (1), the local educational agency shall
provide the school with an opportunity to review the school-
level data, including assessment data, on which such
identification would be based. If the school believes that
its identification for school improvement would be in error,
it may provide evidence to the local educational agency to
support such belief.
``(C) During the first year immediately following
identification under paragraph (1), the school shall
implement its revised plan.
``(4) For each school identified under paragraph (1), the
local educational agency shall make technical assistance
available as the school determines why the school's plan
failed to bring about increased achievement and develop and
implement its revised plan. Such technical assistance may be
provided directly by the local educational agency, through
mechanisms authorized under section 1117, or by an
institution of higher education, a private nonprofit
organization, an educational service agency, Federal
technical assistance centers under part D of title II of this
Act, or other entities with experience in helping schools
improve achievement.
``(5)(A) After providing technical assistance pursuant to
paragraph (4) and other remediation measures, the local
educational agency may take corrective action at any time
against a school that has been identified under paragraph
(1), but, during the third year following identification
under paragraph (1), shall take such action against any
school that still fails to make adequate progress.
``(B) Corrective actions are those listed in the local
educational agency plan adopted in compliance with State law,
which may include implementing the State's model opportunity-
to-learn standards, decreasing decisionmaking authority at
the school level, making alternative governance arrangements
such as the creation of a charter school, reconstituting the
school staff, authorizing students to transfer, including
paying transportation costs to other schools in the local
educational agency, and in the case of schoolwide programs,
terminating schoolwide status.
``(6) The State educational agency shall--
``(A) make technical assistance under section 1117
available to the schools furthest from meeting the State's
standards, if requested by the school or local educational
agency; and
``(B) if it determines that a local educational agency
failed to carry out its responsibility under paragraphs (4)
and (5), take such corrective actions, which may include
actions in compliance with State law to withhold or transfer
funds and authority from schools that are failing to make
adequate progress as defined in section 1111(b)(2), as will
assure adequate progress for all students.
``(7) Schools that for at least two of the three years
following identification under paragraph (1) make adequate
progress toward meeting the State's `proficient' and
`advanced' performance standards no longer need to be
identified for school improvement.
``(d) State Review and Local Educational Agency
Improvement.--(1) A State educational agency shall--
``(A) annually review the progress of each local
educational agency receiving funds under this part to
determine whether all students in schools receiving
assistance under this part are making adequate progress as
defined in section 1111(b)(2)(A)(ii) or section 1112(b)(2),
as appropriate, toward meeting the State's performance
standards; and
``(B) publicize and disseminate to teachers, parents,
students, and the community the results of the State review,
including disaggregated results, as required by section
1111(b)(3)(G).
``(2) In the case of a local educational agency that for
three consecutive years has a school or schools receiving
assistance under this part which have exceeded the State's
definition of adequate progress as defined in section
1111(b)(2)(A)(ii) or section 1112(b)(2), as appropriate, the
State may make institutional and individual rewards of the
kinds described for individual schools in subsection
1117(c)(2)(B).
``(3) A State educational agency shall identify for
improvement any local educational agency that--
``(A) for two consecutive years, has a school or schools
receiving assistance under this part that are not making
adequate progress as defined in section 1111(b)(2)(A)(ii) or
section 1112(b)(2), as appropriate, toward meeting the
State's performance standards; or
``(B) has failed to meet the criteria established by the
State through its interim procedure under section
1111(b)(8)(A) for two consecutive years.
``(4) Each local educational agency identified under
paragraph (3) shall, in consultation with schools, parents,
and educational experts, revise its local educational agency
plan under section 1112 in ways that have the greatest
likelihood of improving the performance of its schools in
meeting the State's performance standards, including
reviewing the local educational agency's plan in the context
of the State's model opportunity-to-learn standards, and
submit such plan to the State educational agency for
approval.
``(5) For each local educational agency identified under
paragraph (3), the State educational agency shall--
``(A) determine why the local educational agency's plan
failed to bring about increased achievement;
``(B) provide technical assistance, if requested, as
authorized under section 1117 to better enable the local
educational agency to develop and implement its revised plan
and work with schools needing improvement; and
``(C) make available to the local educational agencies
furthest from meeting the State's standards, if requested,
assistance under section 1117.
Technical assistance under subparagraph (B) may be provided
by the State educational agency directly, or by an
institution of higher education, a private nonprofit
organization, an educational service agency or other local
consortium, a technical assistance center, or other entities
with experience in as-
[[Page 489]]
sisting local education agencies improve achievement.
``(6)(A) After providing technical assistance pursuant to
paragraph (5) and other remediation measures, the State
educational agency may take corrective action at any time
against a local educational agency that has been identified
under paragraph (3), but, during the fourth year following
identification under paragraph (3), shall take such action
against any local educational agency that still fails to make
adequate progress.
``(B) Corrective actions are those listed in the State
educational agency plan adopted in compliance with State law,
which may include implementing the State's model opportunity-
to-learn standards, reconstitution of district personnel,
appointment by the State educational agency of a receiver or
trustee to administer the affairs of the local educational
agency in place of the superintendent and school board,
removal of particular schools from the jurisdiction of the
local educational agency and establishment of alternative
arrangements for governing and supervising such schools, the
abolition or restructuring of the local educational agency,
and the authorizing of students to transfer from 1 local
educational agency to another.
``(7) Local educational agencies that for at least two of
the three years following identification under paragraph (3)
make adequate progress toward meeting the State's standards
no longer need to be identified for local educational agency
improvement.
``(e) State Allocations for School Improvement.--From the
amount appropriated under section 1002(6) for any fiscal
year, each State shall be eligible to receive an amount that
bears the same ratio to the amount appropriated as the amount
allocated to the State under sections 1124, 1124A, and 1125
bears to the total amount allocated to all States under such
sections, except that each State shall receive at least
$180,000, or $30,000 in the case of Guam, American Samoa, the
Virgin Islands, the Northern Marianas, and Palau (until the
Compact of Free Association goes into effect).
``SEC. 1117. STATE ASSISTANCE FOR SCHOOL SUPPORT AND
IMPROVEMENT.
``(a) System for Support.--(1) Each State educational
agency shall establish a statewide system of intensive and
sustained support and improvement for schools receiving funds
under this title, including all schoolwide programs and all
schools in need of program improvement, in order to increase
the opportunity for all students in such schools to meet the
State's content and performance standards.
``(2) Funds appropriated pursuant to section 1002(6) shall
be used to meet the requirements of this section. In addition
and notwithstanding section 1002(1), a State or local
educational agency may use funds made available under section
1002(1) and other available funds to meet such requirements.
``(b) Regional Centers.--Such a statewide system shall be
linked to and receive support and assistance from the
regional technical assistance centers authorized under part D
of title II and the regional labs authorized under section
205 of the General Education Provisions Act.
``(c) Provisions.--The system shall include at a minimum
the following:
``(1) School support teams.--
``(A) Each State, in consultation with local educational
agencies, shall establish a system of school support teams to
provide information and assistance to each schoolwide program
and to assist such program in providing an opportunity to all
students to meet the State's performance standards.
``(B) Each such team shall be composed of individuals with
experience in successfully
improving the educational opportunities for low achieving
students, especially individuals identified in paragraph (3),
and individuals knowledgeable about research and practice on
teaching and learning, including alternative and applied
learning, especially for low achieving students.
``(C) A school support team shall work with each school as
it develops its schoolwide program plan, review each plan,
and make recommendations to the school and the local
educational agency.
``(D) During the operation of the schoolwide programs, a
school support team shall periodically review the progress of
the school in enabling children in the school to meet the
State's performance standards, identify problems in the
design and operation of the instructional program, and make
suggestions for the improvement to the school and the local
educational agency.
``(2) Distinguished schools.--
``(A) Each State shall designate as a distinguished school
any school served under this part which, for 3 consecutive
years, has exceeded the State's definition of adequate
progress as defined in section 1111(b)(2), and, any school in
which virtually all students have met the State's advanced
performance standards and in which equity in participation
and achievement of students by sex has been achieved or
significantly improved.
``(B) Schools designated under this paragraph may serve as
models and provide support to other schools, especially
schoolwide programs and schools in program improvement, to
assist such schools in meeting the State's performance
standards.
``(C) States shall use funds available under section
1002(6) to allow schools identified under this paragraph to
carry out the activities described in subparagraph (B) and
may use such funds to provide awards to such schools to
further their education programs under this part, provide
additional incentives for continued success, and reward
individuals or groups in the school for exemplary
performance.
``(D) A local educational agency may also recognize the
success of a distinguished school by providing additional
institutional and individual rewards, such as greater
decisionmaking authority at the school building level,
increased access to resources or supplemental services such
as summer programs that may be used to sustain or increase
success, additional professional development opportunities,
opportunities to participate in special projects, and
individual financial bonuses.
``(3) Distinguished educators.--
``(A) In order to provide assistance to schools and local
educational agencies identified as needing improvement or
schoolwide programs, each State, in consultation with local
educational agencies and using funds available under section
1002(6), shall establish a corps of distinguished educators.
``(B) When possible, distinguished educators shall be
chosen from schools served under this part that have been
especially successful in enabling children to meet or make
outstanding progress toward meeting the State's performance
standards, such as the schools described in paragraph (2).
``(C) Distinguished educators shall provide, as part of the
statewide system, intensive and sustained assistance to the
schools and local educational agencies furthest from meeting
the State's standards and schoolwide programs as they develop
and implement their plans, including participation in the
support teams described in paragraph (1).
``(d) In order to implement this section, funds under
section 1002(6) may be used by a State for release time for
teachers and ad-
ministrators, travel, training, and other related costs.
``(e) Alternatives.--If a State has devised alternative or
additional approaches to providing the assistance described
in paragraphs (1) and (3) of subsection (c), such as
providing assistance through institutions of higher education
and educational service agencies or other local consortia,
the State may seek approval from the Secretary to use funds
authorized in section 1002(6) for such approaches as part of
the State plan.
``SEC. 1118. PARENTAL INVOLVEMENT.
``(a) In General.--A local educational agency may receive
funds under this part only if it implements programs,
activities, and procedures for the involvement of parents in
programs assisted under this title. Such activities shall be
planned and implemented with meaningful consultation with
parents of participating children.
``(b) Local Educational Agency Policy.--(1) Each local
educational agency that receives funds under this part shall
develop jointly with, and make available to, parents of
participating children a written parental involvement policy
that is incorporated into the local educational agency's plan
developed under section 1112, establishes the expectations
for parental involvement, and describes how the local
educational agency will--
``(A) involve parents in the development of the plan
described under section 1112, and the process of school
review and improvement described under section 1116;
``(B) provide the coordination, technical assistance, and
other support necessary to assist participating schools in
planning and implementing effective parent involvement;
``(C) build the schools' and parents' capacity for strong
parent involvement as described in subsection (f);
``(D) coordinate and integrate parental involvement
strategies in this part with parental involvement strategies
under other programs, including Head Start, Even Start,
Parents as Teachers, and State-run preschool programs; and
``(E) conduct, with the involvement of parents, an annual
evaluation of the content and effectiveness of the parental
involvement policy developed under this section in increasing
the participation of parents to identify barriers to greater
participation by parents in activities authorized by this
section, giving particular attention to parents who are
economically disadvantaged, are disabled, have limited-
English proficiency, have limited literacy, or are of any
racial or ethnic minority background and use the findings of
such reviews in designing strategies for school improvement.
``(2) If the local educational agency has an agency-wide
parental involvement policy that applies to all parents, it
may amend such policy, if necessary, to meet the requirements
of this subsection.
``(3) Each local educational agency shall reserve not less
than 1 percent of its allocation under this part for the
purposes of carrying out this section, including family
literacy and parenting skills.
``(c) School Parental Involvement Plan.--(1) Each school
served under this part shall jointly develop with, and make
available to, parents of participating children a written
parental involvement plan that shall be incorporated into the
school plan developed under section 1114 or 1115 and shall
describe the means for carrying out the requirements of
subsections (c) through (f).
``(2) If the school has a parental involvement policy that
applies to all parents, it may amend such policy, if
necessary, to meet the requirements of this subsection.
``(d) Policy Involvement.--Each school served under this
part shall--
[[Page 490]]
``(1) convene an annual meeting, at a convenient time, to
which all parents of participating children shall be invited
and encouraged to attend, to inform parents of the school's
participation under this part and to explain this part, its
requirements, and the parent's right to be involved;
``(2) involve parents, in an organized, ongoing, and timely
way, in the planning, review, and improvement of programs
under this part, including the development of the school plan
under section 1114 or 1115 or if a school has in place a
process for involving parents in the planning and design of
its programs, the school may use such process, provided that
the process includes an adequate representation of parents of
participating children; and
``(3) provide parents of participating children--
``(A) timely information about programs under this part;
``(B) school performance profiles required under section
1116(a)(2) and individual student assessment results,
including an interpretation of such results, required under
section 1111(b)(3);
``(C) opportunities for regular meetings to formulate
suggestions, if such parents so desire; and
``(D) timely responses to parents' recommendations.
``(e) Shared Responsibilities for High Student
Performance.--As a component of the school-level parental
involvement plan developed under subsection (b), each school
served under this part shall jointly develop with parents for
all children a school-parent compact that outlines how
parents, the entire school staff, and students will share the
responsibility for improved student achievement and the means
by which the school and parents will build and develop a
partnership to help children achieve the State's high
standards. Such compact shall--
``(1) describe the school's responsibility to provide high-
quality curriculum and instruction in a supportive and
effective learning environment that enable the children to
meet the State's challenging performance standards, and the
ways in which each parent will be responsible for supporting
his or her children's learning, including monitoring
attendance, homework completion, television watching, and
positive use of extracurricular time; and
``(2) address the importance of communication between
teachers and parents on an ongoing basis through at a
minimum--
``(A) parent-teacher conferences in elementary schools, at
least annually, during which the compact shall be discussed
as it relates to the individual child's achievement;
``(B) frequent reports to parents on their children's
progress; and
``(C) reasonable access to staff and observation of
classroom activities.
``(f) Building Capacity for Involvement.--To ensure
effective involvement of parents and to support a partnership
among the school, parents, and the community to improve
student achievement, each school and local educational
agency--
``(1) shall provide assistance to participating parents in
such areas as understanding the National Education Goals, the
State's content and performance standards, opportunity-to-
learn standards, State and local assessments, the
requirements of this part, and how to monitor a child's
progress and work with educators to improve the performance
of their children;
``(2) shall provide materials and training, including--
``(A) coordinating necessary literacy training from other
sources to help parents work with their children to improve
their children's achievement;
``(B) training to enable parents to work more effectively
with teachers, schools, and school systems; and
``(C) in the case of a school using funds under this part
to operate a preschool program, opportunities for parents to
learn about child development and child rearing issues
beginning at birth;
``(3) shall educate teachers, principals, and other staff
in the value and utility of contributions of parents, and in
how to reach out to, communicate with, and work with parents
as equal partners, implement and coordinate parent programs,
and build ties between home and school;
``(4) shall develop appropriate roles for community-based
organizations and businesses in parent involvement
activities, including providing information about
opportunities for them to work with parents and schools, and
encouraging the formation of partnerships between elementary,
middle, and secondary schools and local businesses that
include a role for parents;
``(5) shall ensure, to the extent possible, that
information related to school and parent programs, meetings,
and other activities is sent to the homes of participating
children in the language used in such homes;
``(6) shall involve parents in the development of training
for teachers, principals, and other educators for the purpose
of improving the effectiveness of such training in improving
instruction and services to the children of such parents;
``(7) may provide necessary literacy training from funds
received under this part if the local educational agency has
exhausted all other reasonably available sources of funding
for such activities;
``(8) may pay reasonable and necessary expenses associated
with local parental involvement activities, including
transportation and child care costs to enable parents to
participate in school-related meetings and training sessions;
``(9) may coordinate and integrate parent involvement
programs and activities with Head Start, Even Start, Parents
as Teachers, and State-run preschool programs;
``(10) may train and support parents to enhance the
involvement of other parents;
``(11) may arrange meetings at a variety of times, such as
in the mornings and evenings in order to maximize
opportunities of parents to participate in school related
activities;
``(12) may arrange for teachers or other educators, who
work directly with participating children, to conduct in-home
conferences with parents who are unable to attend such
conferences at school; and
``(13) may adopt and implement model approaches to
improving parental involvement such as Even Start.
``(g) Accessibility.--In carrying out the parental
involvement requirements of this part, local educational
agencies and schools shall, to the extent practicable, ensure
that parents of limited-English proficient children or
disabled children are afforded the same access to parental
involvement opportunities as their children are afforded to
other programs funded under this part, including the
provision of information in a language and form that the
parents of such children can understand.
``SEC. 1119. PROFESSIONAL DEVELOPMENT.
``(a) Program Requirements.--(1) Local educational agencies
receiving assistance under this part shall provide high-
quality, sustained professional development that will improve
the teaching of the core academic subjects, consistent with
the State content standards, in order to enable all children
to meet the State's performance standards.
``(2) Professional development activities shall be designed
by teachers and other school staff in schools receiving
assistance under this part.
``(b) Professional Development Activities.--
``(1) Professional development activities shall--
``(A) support instructional practices that are geared to
challenging State content standards and create a school
environment conducive to high achievement in the core
academic subjects;
``(B) support local educational agency plans under section
1112 and school plans under sections 1114 and 1115;
``(C) draw on resources available under this part, title
III of the Goals 2000: Educate American Act, part A of title
II of this Act, and from other sources;
``(D) where appropriate, include strategies for developing
curricula and teaching methods that integrate academic and
vocational instruction (including applied learning and team
teaching strategies); and
``(E) include strategies for identifying and eliminating
gender and racial bias in instructional materials, methods,
and practices.
``(2) Professional development activities may include--
``(A) instruction in the use of assessments;
``(B) instruction in ways that teachers, principals, and
school administrators may work more effectively with parents;
``(C) the forming of partnerships with institutions of
higher education to establish school-based teacher training
programs that provide prospective teachers and novice
teachers with an opportunity to work under the guidance of
experienced teachers and college faculty;
``(D) instruction in the use of technology;
``(E) the creation of career ladder programs for
paraprofessionals (assisting teachers under this part) to
obtain the education necessary for them to become licensed
and certified teachers;
``(F) instruction in ways to teach special needs children;
``(G) instruction in gender-equitable education methods,
techniques, and practices;
``(H) joint professional development activities involving
programs under this part, Head Start, Even Start, or State-
run preschool program personnel; and
``(I) instruction in experiential-based teaching methods
such as service learning.
``(c) Program Requirements.--Programs should be designed so
that--
``(1) all school staff in schoolwide program schools can
participate in professional development activities;
``(2) all school staff in targeted assistance schools may
participate in professional development activities if such
participation will result in better addressing the needs of
students served under this part.
``(d) Parental Participation.--Parents may participate in
professional development activities under this part if the
school determines that parental participation would be
appropriate.
``(e) Consortia.--In carrying out such professional
development programs, local educational agencies may provide
such services through consortia arrangements with other local
educational agencies, educational service agencies or other
local consortia, institutions of higher education or other
public or private institutions or organizations.
``(f) Effective Teaching Strategies.--Knowledge of
effective teaching strategies that is gained through
professional development activities under this section may be
shared with teachers who are not participating in schoolwide
or targeted assistance programs under this part.
``(g) Combinations of Funds.--Funds provided under this
part that are used for professional development purposes may
be com-
[[Page 491]]
bined with funds provided under part A of title II of this
Act, title III of the Goals 2000: Educate America Act, and
other sources.
``(h)(1) The State educational agency shall review the
local educational agency's plan to determine if such agency's
professional development activities--
``(A) are tied to challenging State student content and
performance standards;
``(B) reflect recent research on teaching and learning;
``(C) are of sufficient intensity and duration to have a
positive impact on the teacher's performance in the
classroom;
``(D) are part of the everyday activities of the school and
create an orientation toward continuous improvement in the
classroom or throughout the school;
``(E) include methods to teach children with special needs;
``(F) are developed with the extensive participation of
teachers; and
``(G) include gender-equitable education methods,
techniques, and practices.
``(2) If a local educational agency's plan for professional
development does not meet such criteria, the State
educational agency shall assist such local educational
agencies in making progress toward inclusion of such elements
in the local educational agency's professional development
activities.
``(i) Instructional Aides.--(1) If a local educational
agency uses funds received under this part to employ
instructional aides, the local educational agency shall
ensure that such aides--
``(A) possess the knowledge and skills sufficient to assist
participating children in meeting the educational goals of
this part;
``(B)(i) have a high school diploma, a General Education
Development certificate, or earn either within 2 years of
employment, except that
``(ii) a local educational agency may employ an
instructional aide that does not meet the requirement in
clause (i) if such aide possesses proficiency in a language
other than English that is needed to enhance the
participation of children in programs under this part; and
``(C) are under the direct supervision of a teacher who has
primary responsibility for providing instructional services
to eligible children.
``(2) Local educational agencies receiving funds under this
part shall include instructional aides in professional
development activities.
``SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE
SCHOOLS.
``(a) General Requirement.--(1) To the extent consistent
with the number of eligible children identified under section
1115(b) in a local educational agency who are enrolled in
private elementary and secondary schools, a local educational
agency shall, after timely and meaningful consultation with
appropriate private school officials, provide such children,
on an equitable basis, special educational services or other
benefits under this part (such as dual enrollment,
educational radio and television, computer equipment and
materials, other technology, and mobile educational services
and equipment).
``(2) The educational services or other benefits, including
materials and equipment, must be secular, neutral, and
nonideological.
``(3) Educational services and other benefits for such
private school children shall be equitable in comparison to
services and other benefits for public school children
participating under this part.
``(4) Expenditures for educational services and other
benefits to eligible private school children shall be equal
to the proportion of funds allocated to participating school
attendance areas based on the number of children from low-
income families who attend private schools.
``(5) The local educational agency may provide such
services directly or through contracts with public and
private agencies, organizations, and institutions.
``(b) Public Control of Funds.--(1) The control of funds
provided under this part, and title to materials, equipment,
and property purchased with such funds, shall be in a public
agency, and a public agency shall administer such funds and
property.
``(2)(A) The provision of services under this section shall
be provided--
``(i) by employees of a public agency; or
``(ii) through contract by such public agency with an
individual, association, agency, or organization.
``(B) In the provision of such services, such employee,
person, association, agency, or organization shall be
independent of such private school and of any religious
organization, and such employment or contract shall be under
the control and supervision of such public agency.
``(c) Standards for a Bypass.--If a local educational
agency is prohibited by law from providing for the
participation on an equitable basis of eligible children
enrolled in private elementary and secondary schools or if
the Secretary determines that a local educational agency has
substantially failed or is unwilling to provide for such
participation, as required by this section, the Secretary
shall--
``(1) waive the requirements of this section for such local
educational agency; and
``(2) arrange for the provision of services to such
children through arrangements that shall be subject to the
requirements of this section and sections 9505 and 9506 of
this Act.
``(d) Capital Expenses.--(1)(A) From the amount
appropriated for this subsection under section 1002(5) for
any fiscal year, each State is eligible to receive an amount
that bears the same ratio to the amount so appropriated as
the number of private school children who received services
under this part in the State in the most recent year for
which data satisfactory to the Secretary are available bears
to the number of such children in all States in that same
year.
``(B) The Secretary shall reallocate any amounts allocated
under subparagraph (A) that are not used by a State for the
purpose of this subsection to other States on the basis of
their respective needs, as determined by the Secretary.
``(2)(A) A local educational agency may apply to the State
educational agency for payments for capital expenses
consistent with this subsection.
``(B) State educational agencies shall distribute such
funds to local educational agencies based on the degree of
need set forth in their respective applications.
``(3) Any funds appropriated to carry out this subsection
shall be used only for capital expenses incurred to provide
equitable services for private school children under this
section.
``(4) For the purpose of this subsection, the term `capital
expenses' is limited to--
``(A) expenditures for noninstructional goods and services,
such as the purchase, lease, or renovation of real and
personal property, including, but not limited to, mobile
educational units and leasing of neutral sites or spaces;
``(B) insurance and maintenance costs;
``(C) transportation; and
``(D) other comparable goods and services.
``SEC. 1121. FISCAL REQUIREMENTS.
``(a) Maintenance of Effort.--A local educational agency
may receive funds under this part for any fiscal year only if
the State educational agency finds that the local educational
agency has maintained its fiscal effort in accordance with
section 9501 of this Act, including such effort for
professional development activities.
``(b) Federal Funds To Supplement, Not Supplant, Non-
Federal Funds.--(1)(A) Except as provided in subparagraph
(B), a State or local educational agency shall use funds
received under this part only to supplement the amount of
funds that would, in the absence of such Federal funds, be
made available from non-Federal sources for the education of
pupils participating in programs assisted under this part,
and not to supplant such funds.
``(B) For the purpose of complying with subparagraph (A), a
State or local educational agency may exclude supplemental
State and local funds expended in any eligible school
attendance area or school for programs that meet the
requirements of section 1114 or 1115.
``(2) No local educational agency shall be required to
provide services under this part through a particular
instructional method or in a particular instructional setting
in order to demonstrate its compliance with paragraph (1).
``(c) Comparability of Services.--(1)(A) Except as provided
in paragraphs (4) and (5), a local educational agency may
receive funds under this part only if State and local funds
will be used in schools served under this part to provide
services that, taken as a whole, are at least comparable to
services in schools that are not receiving funds under this
part.
``(B) If the local educational agency is serving all of its
schools under this part, such agency may receive funds under
this part only if it will use State and local funds to
provide services that, taken as a whole, are substantially
comparable in each school.
``(C) A local educational agency may meet the requirements
of subparagraphs (A) and (B) on a grade-span by grade-span
basis or a school-by-school basis.
``(2)(A) To meet the requirements of paragraph (1), a local
educational agency shall demonstrate that--
``(i) expenditures per pupil from State and local funds in
each school served under this part are equal to or greater
than the average expenditures per pupil in schools not
receiving services under this part; or
``(ii) instructional basic salaries per pupil from State
and local funds in each school served under this part are
equal or greater than the average instructional salaries per
pupil in schools not receiving services.
``(B) For the purpose of subparagraph (A), in the
determination of expenditures per pupil from State and local
funds or instructional salaries per pupil from State and
local funds, staff salary differentials for years of
employment shall not be included.
``(C) A local educational agency need not include
unpredictable changes in student enrollment or personnel
assignments that occur after the beginning of a school year
in determining comparability of services under this
subsection.
``(3) Each local educational agency shall--
``(A) develop procedures for compliance with this
subsection; and
``(B) maintain records that are updated biennially
documenting its compliance.
``(4) This subsection shall not apply to a local
educational agency that does not have more than one building
for each grade span.
``(5) For the purpose of determining compliance with
paragraph (1), a local educational agency may exclude State
and local funds expended for--
``(A) bilingual education for children of limited English
proficiency; and
``(B) excess costs of providing services to children with
disabilities.
``Subpart 2--Allocations
``SEC. 1122. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY
OF THE INTERIOR.
``(a) Reservation of Funds.--From the amount appropriated
for payments to States
[[Page 492]]
for any fiscal year under section 1002(a), the Secretary
shall reserve a total of 1 percent to provide assistance to--
``(1) the outlying areas on the basis of their respective
need for such assistance according to such criteria as the
Secretary determines will best carry out the purpose of this
part; and
``(2) the Secretary of the Interior in the amount necessary
to make payments pursuant to subsection (b).
``(b) Allotment to the Secretary of the Interior.--
``(1) The amount allotted for payments to the Secretary of
the Interior under subsection (a)(2) for any fiscal year
shall be, as determined pursuant to criteria established by
the Secretary, the amount necessary to meet the special
educational needs of--
``(A) Indian children on reservations served by elementary
and secondary schools for Indian children operated or
supported by the Department of the Interior; and
``(B) out-of-State Indian children in elementary and
secondary schools in local educational agencies under special
contracts with the Department of the Interior.
``(2) From the amount allotted for payments to the
Secretary of the Interior under subsection (a)(2), the
Secretary of the Interior shall make payments to local
educational agencies, upon such terms as the Secretary of
Education determines will best carry out the purposes of this
part, with respect to out-of-State Indian children described
in paragraph (1). The amount of such payment may not exceed,
for each such child, the greater of--
``(A) 40 percent of the average per-pupil expenditure in
the State in which the agency is located; or
``(B) 48 percent of such expenditure in the United States.
``SEC. 1123. ALLOCATIONS TO STATES.
``(a) General.--For each fiscal year, an amount of the
appropriations for this part equal to the appropriation for
fiscal year 1994 for part A of chapter 1, title I, Elementary
and Secondary Education Act, shall be allocated in accordance
with sections 1124 and 1124A. Any additional appropriations
for this part for any fiscal year, after application of the
preceding sentence, shall be allocated in accordance with
section 1125.
``(b) Adjustments Where Necessitated by Appropriations.--
``(1) If the sums available under this part for any fiscal
year are insufficient to pay the full amounts that all local
educational agencies in States are eligible to receive under
sections 1124, 1124A, and 1125 for such year, the Secretary
shall ratably reduce the allocations to such local
educational agencies, subject to subsections (c) and (d) of
this section.
``(2) If additional funds become available for making
payments under sections 1124, 1124A, and 1125 for such fiscal
year, allocations that were reduced under paragraph (1) shall
be increased on the same basis as they were reduced.
``(c) Hold-Harmless Amounts.--Notwithstanding subsection
(b), the total amount made available to each local
educational agency under each of sections 1124 and 1125 for
any fiscal year shall be at least 85 percent of the total
amount such local educational agency was allocated under such
sections (or, for fiscal year 1995, their predecessor
authorities) for the preceding fiscal year.
``(d) Definition.--For the purpose of this section and
sections 1124 and 1125, the term State means each of the 50
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
``SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) Amount of Grants.--
``(1) Grants for local educational agencies and puerto
rico.--
``(A) The grant which a local educational agency in a State
is eligible to receive under this subpart for a fiscal year
shall (except as provided in section 1126), be determined by
multiplying the number of children counted under subsection
(c) by 40 percent of the amount determined under the next
sentence. The amount determined under this sentence shall be
the average per pupil expenditure in the State except that
(i) if the average per pupil expenditure in the State is less
than 80 percent of the average per pupil expenditure in the
United States, such amount shall be 80 percent of the average
per pupil expenditure in the United States, or (ii) if the
average per pupil expenditure in the State is more than 120
percent of the average per pupil expenditure in the United
States, such amount shall be 120 percent of the average per
pupil expenditure in the United States. For each local
educational agency serving an area with a total population of
at least 20,000 persons, the grant under this section shall
be the amount determined by the Secretary. For local
educational agencies serving areas with total population of
fewer than 20,000 persons, the State education agency may
either (I) distribute to such local educational agencies
grants under this section equal to the amounts determined by
the Secretary; or (II) use an alternative method, approved by
the Secretary, to distribute the share of the State's total
grants under this section that is based on local educational
agencies with total populations of fewer than 20,000 persons.
Such an alternative method of distributing grants under this
section among a State's local educational agencies serving
areas with total populations of fewer than 20,000 persons
shall be based upon population data that the State education
agency determines best reflect the current distribution of
children in poor families among the State's local educational
agencies serving areas with total populations of fewer than
20,000 persons. If a local educational agency serving an area
with total population of less than 20,000 persons is
dissatisfied with the determination of its grant by the State
education agency, then it may appeal this determination to
the Secretary. The Secretary must respond to this appeal
within 45 days of receipt. The Secretary shall consult with
the Secretary of Commerce regarding whether available data on
population for local educational agencies serving areas with
total populations of fewer than 20,000 persons are
sufficiently reliable to be used to determine final grants to
such areas.
``(B) If, and only if, there are portions of any of the
States for which the Department of Commerce has not prepared
data on the number of children, aged 5-17, from families
below the poverty level for local educational agencies, then
the Secretary shall use such data compiled for counties in
those portions of the States, treating the counties as if
they were local educational agencies. In such cases, subject
to section 1126, the grant for any local educational agency
in such an area of a State shall be determined on the basis
of the aggregate amount of such grants for all such agencies
in the county or counties in which the school district of the
particular agency is located, which aggregate amount shall be
equal to the aggregate amount determined under subparagraph
(A) for such county or counties, and shall be allocated among
those agencies upon such equitable basis as may be determined
by the State educational agency in accordance with basic
criteria prescribed by the Secretary.
``(C) For each fiscal year, the Secretary shall determine
the percentage which the average per pupil expenditure in the
Commonwealth of Puerto Rico is of the lowest average per
pupil expenditure of any of the 50 States. The grant which
the Commonwealth of Puerto Rico shall be eligible to receive
under this subpart for a fiscal year shall be the amount
arrived at by multiplying the number of children counted
under subsection (c) for the Commonwealth of Puerto Rico by
the product of--
``(i) the percentage determined under the preceding
sentence; and
``(ii) 32 percent of the average per pupil expenditure in
the United States.
``(2) Definition.--For purposes of this subsection, the
term `State' does not include Guam, American Samoa, the
Virgin Islands, the Northern Mariana Islands, and Palau.
``(b) Minimum Number of Children To Qualify.--A local
educational agency shall be eligible for a basic grant for a
fiscal year under this subpart only if the number of children
counted under subsection (c) in the school district of such
local educational agency is at least 10.
``(c) Children To Be Counted.--
``(1) Categories of children.--The number of children to be
counted for purposes of this section is the aggregate of--
``(A) the number of children aged 5 to 17, inclusive, in
the school district of the local educational agency from
families below the poverty level as determined under
paragraph (2)(A),
``(B) the number of children aged 5 to 17, inclusive, in
the school district of such agency from families above the
poverty level as determined under paragraph (2)(B), and
``(C) the number of children aged 5 to 17, inclusive, in
the school district of such agency in institutions for
neglected and delinquent children (other than such
institutions operated by the United States) or attending
community day programs for such children, but not counted
pursuant to subpart 3 of part D for the purposes of a grant
to a State agency, or being supported in foster homes with
public funds.
``(2) Determination of number of children.--
``(A) For the purposes of this section, the Secretary shall
determine the number of children aged 5 to 17, inclusive,
from families below the poverty level on the basis of the
most recent satisfactory data available from the Department
of Commerce for local educational agencies (as produced and
published under section 181a of title 13, United States
Code). If, and only if, there are portions of any of the
States for which the Department of Commerce has not prepared
data on the number of children, aged 5-17, from families
below the poverty level for local educational agencies, then
the Secretary shall use such data compiled for counties in
those portions of the States, treating the counties as if
they were local educational agencies. The District of
Columbia and the Commonwealth of Puerto Rico shall be treated
as individual local educational agencies. If a local
educational agency contains two or more counties in their
entirety, then each county will be treated as if it were a
separate local educational agency for purposes of calculating
grants under this part. The total of grants for such counties
shall be allocated to such a local educational agency, which
shall distribute to schools in each county within it a share
of the local educational agency's total grant that is no less
than the county's share of the population counts used to
calculate the local educational agency's grant. If the
Department of Commerce has updated data on the number of
children, aged 5-17, from families below the poverty level
for local educational agencies, then the Secretary shall use
the updated data. In determining the families which are below
the poverty level, the Secretary shall utilize the criteria
of poverty used by the Bureau of the Census in compiling the
most recent decennial census, in such form as those criteria
have been
[[Page 493]]
updated by increases in the Consumer Price Index for all
urban consumers, published by the Bureau of Labor Statistics.
``(B) For purposes of this section, the Secretary shall
determine the number of children aged 5 to 17, inclusive,
from families above the poverty level on the basis of the
number of such children from families receiving an annual
income, in excess of the current criteria of poverty, from
payments under the program of aid to families with dependent
children under a State plan approved under title IV of the
Social Security Act; and in making such determinations the
Secretary shall utilize the criteria of poverty used by the
Bureau of the Census in compiling the most recent decennial
census for a family of 4 in such form as those criteria have
been updated by increases in the Consumer Price Index for all
urban consumers, published by the Bureau of Labor Statistics.
The Secretary shall determine the number of such children and
the number of children of such ages living in institutions
for neglected or delinquent children, or being supported in
foster homes with public funds, on the basis of the caseload
data for the month of October of the preceding fiscal year
(using, in the case of children described in the preceding
sentence, the criteria of poverty and the form of such
criteria required by such sentence which were determined for
the calendar year preceding such month of October) or, to the
extent that such data are not available to the Secretary
before January of the calendar year in which the Secretary's
determination is made, then on the basis of the most recent
reliable data available to the Secretary at the time of such
determination. The Secretary of Health and Human Services
shall collect and transmit the information required by this
subparagraph to the Secretary not later than January 1 of
each year.
``(C) When requested by the Secretary, the Secretary of
Commerce shall make a special updated estimate of the number
of children of such ages who are from families below the
poverty level (as determined under subparagraph (A) of this
paragraph) in each school district, and the Secretary is
authorized to pay (either in advance or by way of
reimbursement) the Secretary of Commerce the cost of making
this special estimate. The Secretary of Commerce shall give
consideration to any request of the chief executive of a
State for the collection of additional census information.
For purposes of this section, the Secretary shall consider
all children who are in correctional institutions to be
living in institutions for delinquent children.
``(d) State Minimum.--
``(1) The aggregate amount allotted for all local
educational agencies within a State may not be less than one-
quarter of 1 percent of the total amount available for such
fiscal year under this section.
``(2)(A) No State shall, by reason of the application of
the provisions of paragraph (1) of this subsection, be
allotted more than--
``(i) 150 percent of the amount that the State received in
the fiscal year preceding the fiscal year for which the
determination is made, or
``(ii) the amount calculated under subparagraph (B),
whichever is less.
``(B) For the purpose of subparagraph (A)(ii), the amount
for each State equals--
``(i) the number of children in such State counted under
subsection (c) in the fiscal year specified in subparagraph
(A), multiplied by
``(ii) 150 percent of the national average per pupil
payment made with funds available under this section for that
year.
``(3) However, no State may receive less under this section
for fiscal years 1995 and 1996 than it received the preceding
year, or fiscal year 1993, whichever is greater, as a result
of application of paragraph (2).
``SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDUCATIONAL
AGENCIES.
``(a) Eligibility for and Amount of Grants.--
``(1)(A) Except as otherwise provided in this paragraph,
each local educational agency, in a State other than Guam,
American Samoa, the Virgin Islands, the Northern Mariana
Islands, and Palau, which is eligible for a grant under this
part for any fiscal year shall be entitled to an additional
grant under this section for that fiscal year if--
``(i) the number of children counted under section 1124(c)
of this part in the local educational agency for the
preceding fiscal year exceeds 6,500, or
``(ii) the number of children counted under section 1124(c)
exceeds 15 percent of the total number of children aged five
to seventeen, inclusive, in the local educational agency in
that fiscal year.
``(B) Except as provided in subparagraph (C), no State
described in subparagraph (A) shall receive less than--
``(i) one-quarter of 1 percent of the sums appropriated
under paragraph (6) of this section for such fiscal year; or
``(ii) $250,000, whichever is higher.
``(C) No State shall, by reason of the application of the
provisions of subparagraph (B)(i) of this paragraph, be
allotted more than--
``(i) 150 percent of the amount that the State received in
the fiscal year preceding the fiscal year for which the
determination is made, or
``(ii) the amount calculated under subparagraph (D),
whichever is less.
``(D) For the purpose of subparagraph (C), the amount for
each State equals--
``(i) the number of children in such State counted for
purposes of this section in the fiscal year specified in
subparagraph (B), multiplied by
``(ii) 150 percent of the national average per pupil
payment made with funds available under this section for that
year.
``(2) For each local educational agency eligible to receive
an additional grant under this section for any fiscal year
the Secretary shall determine the product of--
``(A) the greater of--
``(i) the number of children in excess of 6,500 counted
under section 1124(c) for the preceding fiscal year, in a
local educational agency which qualifies on the basis of
subparagraph (A)(i) of paragraph (1); or
``(ii) the number of children counted under section 1124(c)
for the preceding fiscal year in a local educational agency
which qualifies on the basis of subparagraph (A)(ii) of
paragraph (1); and
``(B) the quotient resulting from the division of the
amount determined for those agencies under section 1124(a)(1)
for the fiscal year for which the determination is being made
divided by the total number of children counted under section
1124(c) for that agency for the preceding fiscal year.
``(3) The amount of the additional grant to which an
eligible local educational agency is entitled under this
section for any fiscal year shall be an amount which bears
the same ratio to the amount reserved under paragraph (6) for
that fiscal year as the product determined under paragraph
(2) for such local educational agency for that fiscal year
bears to the sum of such products for all local educational
agencies in the United States for that fiscal year.
``(4) For the purposes of this section, the Secretary shall
determine the number of children counted under section
1124(c) for any local educational agency, and the total
number of children aged five to seventeen, inclusive, in
local educational agencies, on the basis of the most recent
satisfactory data available at the time the payment for such
local educational agency is determined under section 1124.
``(5)(A) For each local educational agency serving an area
with a total population of at least 20,000 persons, the grant
under this section shall be the amount determined by the
Secretary. For local educational agencies serving areas with
total populations of fewer than 20,000 persons, the State
education agency may either (i) distribute to such local
educational agencies grants under this section equal to the
amounts determined by the Secretary; or (ii) use an
alternative method, approved by the Secretary, to distribute
the share of the State's total grants under this section that
is based on local educational agencies with total populations
of fewer than 20,000 persons. Such an alternative method of
distributing grants under this section among a State's local
educational agencies serving areas with total populations of
fewer than 20,000 persons shall be based upon population data
that the State education agency determines best reflects the
current distribution of children in poor families among the
State's local educational agencies serving areas with total
populations of fewer than 20,000 persons and meeting the
eligibility criteria of paragraph (1)(A). If a local
educational agency serving an area with total population of
less than 20,000 persons is dissatisfied with the
determination of its grant by the State education agency,
then it may appeal this determination to the Secretary. The
Secretary must respond to this appeal within 45 days of
receipt. The Secretary shall consult with the Secretary of
Commerce regarding whether available data on population for
local educational agencies serving areas with total
populations of fewer than 20,000 persons are sufficiently
reliable to be used to determine final grants to such areas
meeting the eligibility criteria of paragraph (1)(A).
``(B) If, and only if, there are portions of any of the
States for which the Department of Commerce has not prepared
data on the number of children, aged 5-17, from families
below the poverty level for local educational agencies, then
the Secretary shall use such data compiled for counties in
those portions of the States, treating the counties as if
they were local educational agencies. In such cases, subject
to section 1126, the grant for any local educational agency
in such an area of a State shall be determined on the basis
of the aggregate amount of such grants for all such agencies
in the county or counties in which the school district of the
particular agency is located, which aggregate amount shall be
equal to the aggregate amount determined under subparagraph
(A) for such county or counties, and shall be allocated among
those agencies upon such equitable basis as may be determined
by the State educational agency in accordance with the basic
criteria prescribed by the Secretary.
``(b) Reservation of Funds.--Of the total amount of funds
available for sections 1124 and 1125A, 10 percent of the
amount appropriated for that fiscal year shall be available
to carry out this section.
``(c) Ratable Reduction Rule.--If the sums available under
subsection (b) for any fiscal year for making payments under
this section are not sufficient to pay in full the total
amounts which all States are entitled to receive under
subsection (a) for such fiscal year, the maximum amounts
which all States are entitled to receive under subsection (a)
for such fiscal year shall be ratably reduced. In case
additional funds become available for making such payments
for any fiscal year during which the preceding sentence is
applicable, such reduced amounts shall be increased on the
same basis as they were reduced.
[[Page 494]]
``SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) Eligibility of Local Educational Agencies.--A local
educational agency in a State is eligible to receive a
targeted grant under this section for any fiscal year if the
number of children in the local educational agency under
subsection 1124(c), before application of the weighting
factor, is at least 10.
``(b) Grants for Local Educational Agencies, the District
of Columbia, and Puerto Rico.--(1) The amount of the grant
that a local educational agency in a State or that the
District of Columbia is eligible to receive under this
section for any fiscal year shall be the product of--
``(A) the number of children counted under subsection (c);
and
``(B) the amount in the second sentence of subparagraph
1124(a)(1)(A).
``(2) For each fiscal year, the amount of the grant for
which the Commonwealth of Puerto Rico is eligible under this
section shall be equal to the number of children counted
under subsection (c) for Puerto Rico, multiplied by the
amount determined in subparagraph 1124(a)(1)(C).
``(c) Children To Be Counted.--
``(1) Categories of children.--The number of children to be
counted for purposes of this section shall be the number
counted in subsection 1124(c) multiplied by the weighting
factor for the local educational agency. The weighting factor
shall be established on the basis of the percentage that the
number of children counted under section 1124(c) represents
of the total population aged 5-17 years in the local
educational agency or the number of such children. Weighted
pupil counts will be calculated based upon both percentage
and number and the larger of the two counts will be used in
calculating grants for each local educational agency.
Weighting factors shall be assigned according to the
following scale: if the percentage is greater than 0 but less
than 14.265, the weighting factor shall be 1.00 for all
children counted in section 1124(c); if the percentage is
greater than 14.265 but less than 21.553, the weighting
factor shall be 1.00 for a number of children counted in
section 1124(c) equal to 14.265 percent of the total school
age population and 1.50 for children counted under section
1124(c) in excess of 14.265 percent of the total school age
population; if the percentage is greater than 21.553 percent
but less than 29.223 percent, then the weighting factor shall
be 1.00 for a number of children counted in section 1124(c)
equal to 14.265 percent of the total school age population,
1.50 for a number of children counted under section 1124(c)
equal to 7.288 percent of the total school age population,
and 2.00 for children counted under section 1124(c) in excess
of 21.553 percent of the total school age population; if the
percentage is greater than 29.223 percent but less than
36.538 percent, then the weighting factor shall be 1.00 for a
number of children counted in section 1124(c) equal to 14.265
percent of the total school age population, 1.50 for a number
of children counted under section 1124(c) equal to 7.288
percent of the total school age population, 2.00 for a number
of children counted under section 1124(c) equal to 7.67
percent of the total school age population, and 2.50 for
children counted under section 1124(c) in excess of 29.223
percent of the total school age population; and if the
percentage is greater than 36.538, then the weighting factor
shall be 1.00 for a number of children counted in section
1124(c) equal to 14.265 percent of the total school age
population, 1.50 for a number of children counted under
section 1124(c) equal to 7.288 percent of the total school
age population, 2.00 for a number of children counted under
section 1124(c) equal to 7.67 percent of the total school age
population, 2.50 for a number of children counted in section
1124(c) equal to 7.315 percent of the total school age
population, and 3.00 for children counted in section 1124(c)
in excess of 36.538 percent of the total school age
population. Separately, if the number of children counted
under section 1124(c) is greater than 0 but less than 575,
the weighting factor shall be 1.00 for all children counted
in section 1124(c); if the number is greater than 575 but
less than 1,870, the weighting factor shall be 1.00 for a
number of children counted in section 1124(c) equal to 575,
and 1.50 for children counted under section 1124(c) in excess
of 575; if the number is greater than 1,870 but less than
6,910, then the weighting factor shall be 1.00 for a number
of children counted in section 1124(c) equal to 575, 1.50 for
a number of children counted under section 1124(c) equal to
1,295, and 2.00 for children counted under section 1124(c) in
excess of 1,870; if the number is greater than 6,910 but less
than 42,000 then the weighting factor shall be 1.00 for a
number of children counted in section 1124(c) equal to 575,
1.50 for a number of children counted under section 1124(c)
equal to 1,295, 2.00 for a number of children counted under
section 1124(c) equal to 5,040, and 2.50 for children counted
under section 1124(c) in excess of 6,910; and if the number
is greater than 42,000, then the weighting factor shall be
1.00 for a number of children counted in section 1124(c)
equal to 575, 1.50 for a number of children counted under
section 1124(c) equal to 1,295, 2.00 for a number of children
counted under section 1124(c) equal to 5,040, 2.50 for a
number of children counted in section 1124(c) equal to 35,090
and 3.00 for children counted in section 1124(c) in excess of
42,000. For the Commonwealth of Puerto Rico, the weighting
factor shall be no greater than 1.62.
``(d) Local Educational Agency Allocations.--For each local
educational agency serving an area with a total population of
at least 20,000 persons, the grant under this section shall
be the amount determined by the Secretary. For local
educational agencies serving areas with total populations of
fewer than 20,000 persons, the State education agency may
either (1) distribute to such local educational agencies
grants under this section equal to the amounts determined by
the Secretary; or (2) use an alternative method, approved by
the Secretary, to distribute the share of the State's total
grants under this section that is based on local educational
agencies with total populations of fewer than 20,000 persons.
Such an alternative method of distributing grants under this
section among a State's local educational agencies serving
areas with total populations of fewer than 20,000 persons
shall be based upon population data that the State education
agency determines best reflects the current distribution of
children in poor families among the State's local educational
agencies serving areas with total populations of fewer than
20,000 persons. If a local educational agency serving an area
with total populations of less than 20,000 persons is
dissatisfied with the determination of its grant by the State
education agency, then it may appeal this determination to
the Secretary. The Secretary must respond to this appeal
within 45 days of receipt. If, and only if, there are
portions of any of the States for which the Department of
Commerce has not prepared data on the number of children,
aged 5-17, from families below the poverty level for local
educational agencies, then the Secretary shall use such data
compiled for counties in those portions of the States,
treating the counties as if they were local educational
agencies. The Secretary shall consult with the Secretary of
Commerce regarding whether available data on population for
local educational agencies serving areas with total
populations of fewer than 20,000 persons are sufficiently
reliable to be used to determine final grants to such areas.
``(e) State Minimum.--Notwithstanding any other provision
of this section, from the total amount available for any
fiscal year to carry out this section, each State shall be
allotted at least the lesser of--
``(1) one quarter of one percent of such amount;
``(2) 150 percent of the national average grant under this
section per child described in section 1124(c), without
application of a weighting factor, multiplied by the State's
total number of children described in section 1124(c),
without application of a weighting factor.
``SEC. 1126. SPECIAL ALLOCATION PROCEDURES.
``(a) Allocations for Neglected or Delinquent Children.--
(1) If a State educational agency determines that a local
educational agency in the State is unable or unwilling to
provide for the special educational needs of children who are
living in institutions for neglected or delinquent children
as described in subparagraph 1124(c)(1)(C), the State
educational agency shall, if it assumes responsibility for
the special educational needs of such children, receive the
portion of such local educational agency's allocation under
sections 1124, 1124A, and 1125 that is attributable to such
children.
``(2) If the State educational agency does not assume such
responsibility, any other State or local public agency that
does assume such responsibility shall receive that portion of
the local educational agency's allocation.
``(b) Allocations Among Local Educational Agencies.--The
State educational agency may allocate the amounts of grants
under sections 1124, 1124A, and 1125 between and among the
affected local educational agencies when--
``(1) two or more local educational agencies serve, in
whole or in part, the same geographical area; or
``(2) a local educational agency provides free public
education for children who reside in the school district of
another local educational agency.
``(c) Reallocation.--If a State educational agency
determines that the amount of a grant a local educational
agency would receive under sections 1124, 1124A, and 1125 is
more than such local agency will use, the State educational
agency shall make the excess amount available to other local
educational agencies in the State that need additional funds
in accordance with criteria established by the State
educational agency.
``SEC. 1127. CARRYOVER AND WAIVER.
``(a) Limitation on Carryover.--Notwithstanding section 412
of the General Education Provisions Act or any other
provision of law, not more than 15 percent of the funds
allocated to a local educational agency for any fiscal year
under this subpart (but not including funds received through
any reallocation under this subpart) may remain available for
obligation by such agency for one additional fiscal year.
``(b) Waiver.--A State educational agency may, once every
three years, waive the percentage limitation in subsection
(a) if--
``(1) the agency determines that the request of a local
educational agency is reasonable and necessary; or
``(2) supplemental appropriations for this subpart become
available.
``(c) Exclusion.--The percentage limitation under
subsection (a) shall not apply to any local educational
agency that receives less than $50,000 under this subpart for
any fiscal year.
``Subpart 3--Presidential Awards Program
``SEC. 1131. PRESIDENTIAL AWARDS PROGRAM.
``(a) Development.--The Secretary may develop a
Presidential awards program that
[[Page 495]]
will recognize the person or corporation producing the best
education game of the year.
``(b) Nominations.--Games recognized under this program
shall be selected by the Secretary from a list of nominees or
applicants submitted by a panel of experts who convene
annually at the request of the Secretary.
``(c) Selection.--The Secretary shall annually convene a
panel of experts who will review nominations and applicants
in selecting recipients who will receive awards under this
section. Games selected for awards under this section may be
eligible to receive other awards.
``PART B--EVEN START FAMILY LITERACY PROGRAMS
``SEC. 1201. STATEMENT OF PURPOSE.
``It is the purpose of this part to help break the cycle of
poverty and illiteracy by improving the educational
opportunities of the Nation's low-income families by
integrating early childhood education, adult literacy or
adult basic education, and parenting education into a unified
family literacy program, to be referred to as `Even Start',
that is implemented through cooperative projects that build
on existing community resources to create a new range of
services, that promotes achievement of the National Education
Goals, and that assists children and adults from low-income
families to achieve challenging State standards.
``SEC. 1202. PROGRAM AUTHORIZED.
``(a) Reservation for Migrant Programs, Outlying Areas,
Indian Tribes, and Other Purposes.--(1) In each fiscal year,
the Secretary shall reserve not less than 5 percent of the
amount appropriated under section 1002(b) of this title for
programs, under such terms and conditions as the Secretary
shall establish, that are consistent with the purpose of this
part, and according to their relative needs, for--
``(A) children of migratory workers;
``(B) the outlying areas; and
``(C) Indian tribes and tribal organizations.
``(2) If the amount of funds made available under
subsection (a) exceeds $4,600,000, the Secretary shall make a
grant of sufficient size and for a period of sufficient
duration to demonstrate the effectiveness of a family
literacy program in a prison that houses women and their
preschool age children and that has the capability of
developing a program of high quality.
``(b) Reservation for Federal Activities.--From amounts
appropriated under section 1002(b), the Secretary may reserve
not more than three percent of such amounts or the amount
reserved for such purposes in the fiscal year 1994, whichever
is greater, for purposes of--
``(1) carrying out the evaluation required by section 1209;
and
``(2) providing, through grants or contracts, technical
assistance, program improvement, and replication activities
through eligible organizations.
``(c) State Allocation.--(1) After reserving funds under
subsections (a) and (b), the Secretary shall allocate the
remaining funds appropriated for this part to States, to be
used in accordance with section 1203.
``(2) Except as provided in paragraph (3), from the total
amount available for allocation to States in any fiscal year,
each State shall be eligible to receive a grant under
paragraph (1) in an amount that bears the same ratio to such
total amount as the amount allocated to such State under
section 1122 of this title bears to the total amount
allocated under that section to all the States.
``(3) No State shall receive less than $250,000 under
paragraph (1) for any fiscal year.
``(d) Definitions.--For the purpose of this part--
``(1) the term `eligible entity' means a partnership
composed of both--
``(A) a local educational agency; and
``(B) a nonprofit community-based organization, public
agency, institution of higher education, or other public or
private nonprofit organization of demonstrated quality;
``(2) the terms `Indian tribe' and `tribal organization'
have the meanings given such terms in section 4 of the Indian
Self-Determination and Education Assistance Act;
``(3) the term `State' includes each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico;
and
``(4) the term `eligible organization' means any public or
private nonprofit organization with a record of providing
effective services to family literacy providers, such as the
National Center for Family Literacy, Parents as Teachers,
Inc., and the Home Instruction Program for Preschool
Youngsters.
``SEC. 1203. STATE PROGRAMS.
``(a) State-Level Activities.--Each State that receives a
grant under section 1202(c)(1) may use not more than 5
percent for--
``(1) administrative costs; and
``(2) the provision, through one or more subgrants or
contracts, of access to technical assistance for program
improvement and replication to eligible entities that receive
subgrants under subsection (b).
``(b) Subgrants for Local Programs.--(1) Each State shall
use the remainder of its grant to make subgrants to eligible
entities to carry out Even Start programs.
``(2) No State shall award a subgrant under paragraph (1)
for an amount less than $75,000.
``SEC. 1204. USES OF FUNDS.
``(a) In General.--In carrying out an Even Start program
under this part, a recipient of funds under this part shall
use such funds to pay the Federal share of the cost of
providing family-centered education programs that involve
parents and children, from birth through age 7, in a
cooperative effort to help parents become full partners in
the education of their children and to assist children in
reaching their full potential as learners.
``(b) Federal Share Limitation.--(1)(A) Except as provided
in paragraph (2), the Federal share under this part may not
exceed--
``(i) 90 percent of the total cost of the program in the
first year that that program receives assistance under this
part or its predecessor authority;
``(ii) 80 percent in the second such year;
``(iii) 70 percent in the third such year;
``(iv) 60 percent in the fourth such year; and
``(v) 50 percent in any subsequent such year.
``(B) The remaining cost of a program under this part may
be provided in cash or in kind, fairly evaluated, and may be
obtained from any source other than funds received under this
title.
``(2) The State educational agency may waive, in whole or
in part, the cost-sharing requirement of paragraph (1) if an
eligible entity--
``(A) demonstrates that it otherwise would not be able to
participate in the program under this part; and
``(B) negotiates an agreement with the State educational
agency with respect to the amount of the remaining cost to
which the waiver would be applicable.
``(3) Federal funds under this part may not be used for the
indirect costs of an Even Start program, except that the
Secretary may waive this limitation if a recipient of funds
reserved under section 1202(a)(3) demonstrates to the
Secretary's satisfaction that it otherwise would not be able
to participate in the program under this part.
``SEC. 1205. PROGRAM ELEMENTS.
``Each Even Start program assisted under this part shall--
``(1) include the identification and recruitment of
families most in need of services provided under this part,
as indicated by a low level of income, a low level of adult
literacy or English language proficiency of the eligible
parent or parents, and other need-related indicators;
``(2) include screening and preparation of parents and
children to enable them to participate fully in the
activities and services provided under this part, including
testing, referral to necessary counselling, other
developmental and support services, and related services;
``(3) be designed to accommodate the participants' work
schedule and other responsibilities, including the provision
of support services, when unavailable from other sources,
necessary for participation, such as--
``(A) scheduling and locating of services to allow joint
participation by parents and children;
``(B) child care for the period that parents are involved
in the program provided under this part; and
``(C) transportation for the purpose of enabling parents
and their children to participate in programs authorized by
this part;
``(4) include high-quality instructional programs that
promote adult literacy, empower parents to support the
educational growth of their children, developmentally
appropriate early childhood educational services, and
preparation of children for success in regular school
programs;
``(5) include special training of staff, including child
care staff, to develop the skills necessary to work with
parents and young children in the full range of instructional
services offered through this part;
``(6) provide and monitor integrated instructional services
to participating parents and children through home-based
programs;
``(7) operate on a year-round basis, including the
provision of some program services, either instructional or
enrichment, or both, during the summer months;
``(8) be coordinated with--
``(A) programs assisted under other parts of this title and
this Act;
``(B) any relevant programs under the Adult Education Act,
the Individuals With Disabilities Education Act, and the Job
Training Partnership Act; and
``(C) the Head Start program, volunteer literacy programs,
and other relevant programs; and
``(9) provide for an independent evaluation of the program.
``SEC. 1206. ELIGIBLE PARTICIPANTS.
``(a) In General.--Except as provided in subsection (b),
eligible participants in an Even Start program are--
``(1) a parent or parents--
``(A) who are eligible for participation in an adult basic
education program under the Adult Education Act; or
``(B) who are within the State's compulsory school
attendance age range, so long as a local educational agency
provides (or ensures the availability of) the basic education
component required under this part; and
``(2) the child or children, from birth through age seven,
of any parent described in paragraph (1).
``(b) Eligibility for Certain Other Participants.--(1)
Family members other than those described in subsection (a)
may participate in program activities and services, when
deemed by the program to serve the purpose of this part.
``(2) Any family participating in a program under this part
that becomes ineligible for such participation as a result of
one or more members of the family becoming ineligible for
such participation may continue to participate in the program
until all members of
[[Page 496]]
the family become ineligible for participation, which--
``(A) in the case of a family in which ineligibility was
due to the child or children of such family attaining the age
of eight, shall be in two years or when the parent or parents
become ineligible due to educational advancement, whichever
occurs first; and
``(B) in the case of a family in which ineligibility was
due to the educational advancement of the parent or parents
of such family, shall be when all children in the family
attain the age of eight.
``SEC. 1207. APPLICATIONS.
``(a) Submission.--To be eligible to receive a subgrant
under this part, an eligible entity shall submit an
application to the State educational agency in such form and
containing or accompanied by such information as the State
educational agency shall require.
``(b) Required Documentation.--Each application shall
include documentation, satisfactory to the State educational
agency, that the eligible entity has the qualified personnel
needed--
``(1) to develop, administer, and implement an Even Start
program under this part; and
``(2) to provide access to the special training necessary
to prepare staff for the program, which may be offered by an
eligible organization.
``(c) Plan.--Such application shall also include a plan of
operation for the program which shall include--
``(1) a description of the program goals;
``(2) a description of the activities and services that
will be provided under the program, including a description
of how the program will incorporate the program elements
required by section 1205;
``(3) a description of the population to be served and an
estimate of the number of participants;
``(4) as appropriate, a description of the applicant's
collaborative efforts with institutions of higher education,
community-based organizations, the State educational agency,
private elementary schools, or other eligible organizations
in carrying out the program for which assistance is sought;
``(5) a statement of the methods that will be used--
``(A) to ensure that the programs will serve families most
in need of the activities and services provided by this part;
``(B) to provide services under this part to individuals
with special needs, such as individuals with limited English
proficiency and individuals with disabilities; and
``(C) to encourage participants to remain in the program
for a time sufficient to meet the program's purpose; and
``(6) a description of how the plan--
``(A)(i) is consistent with and promotes the goals of the
State and local plans, either approved or being developed,
under title III of the Goals 2000: Educate America Act; and
``(ii) is consistent with the State and local plans under
sections 1111 and 1112; or
``(B) is consistent with the State and local plans under
sections 1111 and 1112 is the State does not have an approved
plan under title III of the Goals 2000: Educate America Act
and is not developing such a plan.
``(d) The plan described in subsection (c)(6) may be
submitted as part of a consolidated application under section
9302.
``SEC. 1208. AWARD OF SUBGRANTS.
``(a) Selection Process.--(1) The State educational agency
shall establish a review panel that will approve applications
that--
``(A) are most likely to be successful in meeting the
purpose of this part, and in effectively implementing the
program elements required under section 1205;
``(B) demonstrate that the area to be served by such
program has a high percentage or a large number of children
and fami-
lies who are in need of such services as indicated by high
levels of poverty, illiteracy, unemployment, or limited
English proficiency;
``(C) provide services for at least a three-year age range,
which may begin at birth;
``(D) demonstrate the greatest possible cooperation and
coordination between a variety of relevant service providers
in all phases of the program;
``(E) include cost-effective budgets, given the scope of
the application;
``(F) demonstrate the applicant's ability to provide the
additional funding required by section 1204(b);
``(G) are representative of urban and rural regions of the
State; and
``(H) show the greatest promise for providing models that
may be adopted by other local educational agencies.
``(2) The State educational agency shall give priority for
subgrants under this subsection to proposals that either--
``(A) target services primarily to families described in
paragraph (1)(B); or
``(B) are located in areas designated as empowerment zones
or enterprise communities.
``(b) Review Panel.--A review panel shall consist of at
least three members, including one early childhood
professional, one adult education professional, and one or
more of the following individuals:
``(1) A representative of a parent-child education
organization.
``(2) A representative of a community-based literacy
organization.
``(3) A member of a local board of education.
``(4) A representative of business and industry with a
commitment to education.
``(5) An individual who has been involved in the
implementation of programs under this title in the State.
``(c) Duration.--(1) Subgrants may be awarded for a period
not to exceed four years.
``(2) The State educational agency may provide a
subgrantee, at the subgrantee's request, a 3- to 6-month
start-up period during the first year of the four-year
period, which may include staff recruitment and training, and
the coordination of services, before requiring full
implementation of the program.
``(3)(A) In reviewing any application for a subgrant to
continue a program for the second, third, or fourth year, the
State educational agency shall review the progress being made
toward meeting the objectives of the program after the
conclusion of the start-up period, if any.
``(B) The State educational agency may refuse to award a
subgrant if such agency finds that sufficient progress has
not been made toward meeting such objectives, but only after
affording the applicant notice and an opportunity for a
hearing.
``(4)(A) An eligible entity that has previously received a
subgrant under this part may reapply under the terms of this
part for a second project period.
``(B) During the second project period, the Federal share
of the subgrant shall not exceed 50 percent in any year.
``SEC. 1209. EVALUATION.
``From funds reserved under section 1202(b)(1), the
Secretary shall provide for an independent evaluation of
programs under this part--
``(1) to determine the performance and effectiveness of
programs; and
``(2) to identify effective Even Start projects that can be
replicated and used in providing technical assistance to
national, State, and local programs.
``PART C--EDUCATION OF MIGRATORY CHILDREN
``SEC. 1301. PROGRAM PURPOSE.
``It is the purpose of this part to assist States to--
``(1) support high-quality and comprehensive educational
programs for migratory children to help reduce the
educational disruptions and other problems that result from
repeated moves;
``(2) ensure that migratory children are provided with
appropriate educational services (including supportive
services) that address their special needs in a coordinated
and efficient manner;
``(3) ensure that migratory children have the opportunity
to meet the same challenging performance standards that all
children are expected to meet;
``(4) design programs to help migratory children overcome
educational disruption, cultural and language barriers,
social isolation, various health-related problems, and other
factors that inhibit their ability to do well in school, and
to prepare these children to make a successful transition to
postsecondary education or employment; and
``(5) ensure that migratory children benefit from State and
local systemic reforms.
``SEC. 1302. PROGRAM AUTHORIZED.
``In order to carry out the purpose of this part, the
Secretary shall make grants to State educational agencies, or
combinations of such agencies, to establish or improve,
directly or through local operating agencies, programs of
education for migratory children in accordance with this
part.
``SEC. 1303. STATE ALLOCATIONS.
``(a) State Allocations.--Each State (other than the
Commonwealth of Puerto Rico) is entitled to receive under
this part, for each fiscal year, an amount equal to--
``(1) the sum of the estimated number of migratory children
aged three through 21 who reside in the State full time and
the full-time equivalent of the estimated number of migratory
children aged three through 21 who reside in the State part
time, as determined in accordance with subsection (e);
multiplied by
``(2) 40 percent of the average per-pupil expenditure in
the State, except that the amount determined under this
paragraph shall not be less than 32 percent, or more than 48
percent, of the average expenditure per pupil in the United
States.
``(b) Allocation to Puerto Rico.--For each fiscal year, the
amount for which the Commonwealth of Puerto Rico is eligible
under this section shall be equal to--
``(1) the number of migratory children in Puerto Rico,
determined under subsection (a)(1); multiplied by
``(2) the product of--
``(A) the percentage that the average expenditure per pupil
in Puerto Rico is of the lowest average per-pupil expenditure
of any of the 50 States; and
``(B) 32 percent of the average expenditure per pupil in
the United States.
``(c) Ratable Reductions; Reallocations.--(1)(A) If, after
the Secretary reserves funds under section 1308(c), the
amount appropriated to carry out this part for any fiscal
year is insufficient to pay in full the amounts for which all
States are eligible, the Secretary shall ratably reduce each
such amount.
``(B) If additional funds become available for making such
payments for any fiscal year, the Secretary shall allocate
such funds to States in amounts that the Secretary finds
would best carry out the purpose of this part.
``(2)(A) The Secretary shall further reduce the amount of
any grant to a State under this part for any fiscal year if
the Secretary determines, based on available information
[[Page 497]]
on the numbers and needs of migratory children in the State
and the program proposed by the State to address such needs,
that such amount exceeds the amount required under section
1304.
``(B) The Secretary shall reallocate such excess funds to
other States whose grants under this part would otherwise be
insufficient to provide an appropriate level of services to
migratory children, in such amounts as the Secretary
determines are appropriate.
``(d) Consortium Arrangements.--(1) In the case of a State
that receives a grant of $1,000,000 or less under this
section, the Secretary shall consult with the State
educational agency to determine whether consortium
arrangements with another State or other appropriate entity
would result in delivery of services in a more effective and
efficient manner.
``(2) A State, irrespective of the amount of its
allocation, may propose a consortium arrangement.
``(3) The Secretary shall approve a consortium arrangement
under paragraph (1) or (2) if the proposal demonstrates that
the arrangement will--
``(A) reduce administrative costs or program function costs
for State programs; and
``(B) make more funds available for direct services to add
substantially to the welfare or educational attainment of
children to be served under this part.
``(e) Determining Numbers of Eligible Children.--In order
to determine the estimated number of migratory children
residing in each State for purposes of this section, the
Secretary shall--
``(1) use such information as the Secretary finds most
accurately reflects the actual number of migratory children;
``(2) as soon as feasible develop and implement a procedure
for more accurately reflecting cost factors for different
types of summer program designs which will be used to adjust
the estimated number of children who reside in a State in
order to reflect the number of migratory children who are
served in summer programs (which may include intersession
programs) in the State and the additional costs of operating
such programs; and
``(3) conduct an analysis of the options for adjusting the
formula so as to better direct services to the child whose
education has been interrupted.
``SEC. 1304. STATE APPLICATIONS; SERVICES.
``(a) Application Required.--Any State wishing to receive a
grant under this part for any fiscal year shall submit an
application to the Secretary at such time and in such manner
as the Secretary may require.
``(b) Program Information.--Each such application shall
include--
``(1) a description of how, in planning, implementing, and
evaluating programs and projects under this part, the State
and its operating agencies will ensure that the special
educational needs of migratory children are identified and
addressed through a comprehensive plan for needs assessment
and service delivery that meets the requirements of section
1306, including, when feasible, recording the migratory
status of such children and their average daily attendance on
State student collection data;
``(2) a description of the steps the State is taking to
provide migratory students with the opportunity to meet the
same challenging performance standards that all children are
expected to meet;
``(3) a description of how the State will use its funds to
promote interstate and intrastate coordination of services
for migratory children, including how, consistent with
procedures the Secretary may require, it will provide for
educational continuity through the timely transfer of
pertinent school records, including information on health,
when children move from one school to another, whether or not
during the regular school year;
``(4) a description of the State's priorities for the use
of funds received under this part, and how they relate to the
State's assessment of needs for services in the State;
``(5) a description of how the State will determine the
amount of any subgrants it will award to local operating
agencies, taking into account the requirements of paragraph
(1); and
``(6) such budgetary and other information as the Secretary
may require.
``(c) Assurances.--Each such application shall also include
assurances, satisfactory to the Secretary, that--
``(1) funds received under this part will be used only--
``(A) for programs and projects, including the acquisition
of equipment, in accordance with section 1306(b)(1); and
``(B) to coordinate such programs and projects with similar
programs and projects within the State and in other States,
as well as with other Federal programs that can benefit
migratory children and their families;
``(2) such programs and projects will be carried out in a
manner consistent with the objectives of sections 1114,
1115(b) and (d), 1120, and 1121(b) and (c), and part F of
this title;
``(3) in the planning and operation of programs and
projects at both the State and local operating agency level,
there is appropriate consultation with parent advisory
councils for programs lasting a school year, and that all
such programs and projects are carried out, to the extent
feasible, in a manner consistent with section 1118 of this
title;
``(4) in planning and carrying out such programs and
projects, there has been, and will be, adequate provision for
addressing the unmet education needs of preschool migratory
children;
``(5) the effectiveness of such programs and projects will
be determined, where feasible, using the same approaches and
standards that will be used to assess the performance of
students, schools, and local educational agencies under part
A of this title; and
``(6) the State will assist the Secretary in determining
the number of migratory children under section 1303(e),
through such procedures as the Secretary may require.
``(d) Priority for Services.--In providing services with
funds received under this part, each recipient of such funds
shall give priority to migratory children who are failing, or
most at risk of failing, to meet the State's challenging
performance standards, and whose education has been
interrupted during the regular school year.
``(e) Continuation of Services.--Notwithstanding any other
provision of this part--
``(1) a child who ceases to be a migratory child during a
school term shall be eligible for services until the end of
such term;
``(2) a child who is no longer a migratory child may
continue to receive services for one additional school year,
but only if comparable services are not available through
other programs; and
``(3) secondary school students who were eligible for
services in secondary school may continue to be served
through credit accrual programs until graduation.
``SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW.
``(a) Secretarial Approval.--The Secretary shall approve
each State application that meets the requirements of this
part.
``(b) Peer Review.--The Secretary may review any such
application with the assistance and advice of State officials
and other individuals with relevant expertise.
``SEC. 1306. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-
DELIVERY PLAN; AUTHORIZED ACTIVITIES.
``(a) Comprehensive Plan.--Each State that receives a grant
under this part shall ensure that the State and its local
operating agencies identify and address the special
educational needs of migratory children in accordance with a
comprehensive State plan that--
``(1)(A) is integrated with the State's plan, either
approved or being developed, under title III of the Goals
2000: Educate America Act and satisfies the requirements of
this section that are not already addressed by such State
plan; and
``(B) is integrated with other State plans, if any, under
the School-To-Work Opportunities Act of 1993 and the Carl D.
Perkins Vocational and Applied Technology Act to the extent
that such plans have not already been incorporated in the
State's plan under title III of the Goals 2000: Educate
America Act;
``(2) if the State does not have an approved plan under
title III of the Goals 2000: Educate America Act and is not
developing such a plan--
``(A) is integrated with other State plans, such as those
under the School-To-Work Opportunities Act of 1993 and the
Carl D. Perkins Vocational and Applied Technology Act, where
such plans exist; and
``(B) satisfies the requirements of this section;
``(3) may be submitted as a part of a consolidated
application under section 9302;
``(4) provides that migratory children will have an
opportunity to meet the same challenging performance
standards, set out in those plans, that all children are
expected to meet;
``(5) specifies measurable program goals and outcomes;
``(6) encompasses the full range of services that are
available for migratory children from appropriate local,
State and Federal educational programs;
``(7) is the product of joint planning among such local,
State, and Federal programs, including those under part A of
this title, early childhood programs, and bilingual education
programs under title VII of this Act;
``(8) provides for the integration of services available
under this part with services provided by such other
programs; and
``(9) to the extent feasible, provides for--
``(A) advocacy and outreach activities for migratory
children and their families, including informing them of, or
helping them gain access to, other education, health,
nutrition, and social services;
``(B) professional development programs, including
mentoring, for teachers and other program personnel;
``(C) parent involvement programs (as defined under section
1118) and, when feasible, the establishment of instructional
programs such as use of the model developed under the Even
Start Family Literacy Programs that promote adult literacy
and train parents to support the educational growth of their
children;
``(D) the integration of communication and information
technology into educational and related programs; and
``(E) programs to facilitate the transition of high school
students to postsecondary education or employment.
A State may satisfy all or part of the requirements of this
section by referencing applicable sections of its approved
plan under title III of the Goals 2000: Educate America Act.
``(b) Authorized Activities.--(1) In implementing the
comprehensive plan described in subsection (a), each local
operating agency shall have the flexibility to determine the
activities to be provided with funds made available under
this part, provided that--
[[Page 498]]
``(A) before funds provided under this part are used to
provide services described in subparagraph (B), those funds
shall be used to meet the identified needs of migratory
children that--
``(i) result from the effects of their migratory lifestyle,
or are needed to permit migratory children to participate
effectively in school; and
``(ii) are not addressed by services provided under other
programs, including part A of this title; and
``(B) all migratory children who are eligible to receive
services under part A of this title shall receive such
services with funds provided under this part or under part A
of this title.
``(2) This subsection shall not apply to funds under this
part that are used for schoolwide programs under section 1114
of this title.
``SEC. 1307. BYPASS.
``The Secretary may use all or part of any State's
allocation under this part to make arrangements with any
public or private nonprofit agency to carry out the purpose
of this part in such State if the Secretary determines that--
``(1) the State is unable or unwilling to conduct
educational programs for migratory children;
``(2) such arrangements would result in more efficient and
economic administration of such programs; or
``(3) such arrangements would add substantially to the
welfare or educational attainment of such children.
``SEC. 1308. COORDINATION OF MIGRANT EDUCATION ACTIVITIES.
``(a) Improvement of Coordination.--The Secretary, in
consultation with the States, may make grants to, or enter
into contracts with, State educational agencies, local
educational agencies, institutions of higher education, and
other public and private nonprofit entities to improve the
interstate and intrastate coordination among State and local
educational agencies of their educational programs, including
the establishment or improvement of programs for credit
accrual and exchange, available to migratory students. Grants
under this subpart may be made for up to 5 years.
``(b) Assistance and Reporting.--(1) Within 60 days of
enactment, the Secretary shall convene a panel of Chief State
School Officers and technical experts to assess alternative
methods by which student records may be transferred from one
school to another. Within 150 days of having been convened,
the panel shall make recommendations to the Secretary on how
schools may adopt the most cost-effective means of exchanging
of school records. The Secretary shall also develop the most
cost-effective and accurate method of determining the number
of students or full-time equivalent students in each State on
a yearly basis. The Secretary shall report to the Committee
on Education and Labor of the House of Representatives and
the Committee on Labor and Human Resources of the Senate the
panel's findings and the Secretary's recommendations.
``(2) The Secretary may contract for services for purposes
of this section.
``(c) Availability of Funds.--For the purpose of carrying
out this section, the Secretary shall reserve up to
$6,000,000 from the amount appropriated under section 1002(3)
for each fiscal year to carry out this part.
``(d) Competitive Grants.--From the amounts made available
for this section, the Secretary shall reserve not more than
$1,500,000 to award, on a competitive basis, grants in the
amount of up to $100,000 each to State educational agencies
with consortium agreements described under section 1303(d).
Not less than 10 of such grants shall be awarded to States
which receive allocations of less than $1,000,000 if such
States have approved agreements.
``SEC. 1309. DISTANCE LEARNING.
``(a) Program.--The Secretary may establish a distance
learning program to provide, through competitive grants,
continuity in the education of migrant children using
technology, interactive learning, computers, and automated
technology links achieved with modems and telephone networks.
``(b) Funds.--Not more than $3,000,000 may be used to
establish the program under subsection (a).
``SEC. 1310. DEFINITIONS.
``As used in this part, the following terms have the
following meanings:
``(1) The term `local operating agency' means--
``(A) a local educational agency to which a State
educational agency makes a subgrant under this part;
``(B) a public or nonprofit private agency with which a
State educational agency or the Secretary makes an
arrangement to carry out a project under this part; or
``(C) a State educational agency, if the State educational
agency operates the State's migrant education program or
projects directly.
``(2) The term `migratory child' means--
``(A) for fiscal year 1996 and subsequent years, a child
who is, or whose parent or spouse is, a migratory
agricultural worker (including a migratory dairy worker) or a
migratory fisher, and who, in the preceding 24 months, in
order to obtain, or accompany such parent or spouse in order
to obtain, temporary or seasonal employment in agricultural
or fishing work--
``(i) has moved from one local educational agency to
another; or
``(ii) in a State that is comprised of a single local
educational agency, has moved from one administrative area to
another within such agency; or
``(B) for fiscal year 1995 only, a child fulfilling the
requirements of subparagraph (A) for a period of 36 months
instead of for 24 months.
``PART D--PREVENTION AND INTERVENTION SERVICES FOR DELINQUENT YOUTH AND
YOUTH AT RISK OF DROPPING OUT
``SEC. 1401. FINDINGS; PURPOSE; PROGRAM AUTHORIZED.
``(a) Findings.--Congress finds the following:
``(1) A large percentage of youth in the juvenile justice
system have poor academic achievement, are a year or more
behind grade level, and have dropped out of school.
``(2) There is a strong correlation between academic
failure and involvement in delinquent activities.
``(3) Preventing students from dropping out of local
schools and addressing the educational needs of delinquent
youth can help reduce the dropout rate and involvement in
delinquent activities at the same time.
``(4) Many schools and correctional facilities fail to
communicate regarding a youth's academic needs and students
often return to their home school ill-prepared to meet
current curriculum requirements.
``(5) Schools are often reluctant to deal with youth
returning from facilities and receive no funds to deal with
the unique educational and other needs of such youth.
``(6) A continuing need exists for activities and programs
to reduce the incidence of youth dropping out of school.
``(7) Federal dropout prevention programs have demonstrated
effectiveness in keeping children and youth in school.
``(8) Pregnant and parenting teens are a high at-risk group
for dropping out of school and should be targeted by dropout
prevention programs.
``(9) Such youth need a strong dropout prevention program
which provides them with high level skills and which provides
supports to youth returning from correctional facilities in
order to keep them in school.
``(b) Purpose.--It is the purpose of this part--
``(1) to improve educational services to children in local
and State institutions for delinquent children so that they
have the opportunity to meet the same challenging State
performance standards that all children in the State will be
expected to meet;
``(2) to provide such children the services they need to
make a successful transition from institutionalization to
further schooling or employment; and
``(3) to prevent at-risk youth from dropping out of school
and to provide dropouts and youth returning from institutions
with a support system to ensure their continued education.
``(c) Program Authorized.--In order to carry out the
purpose of this part, the Secretary shall make grants to
State educational agencies, which shall make subgrants to
State agencies and local educational agencies to establish or
improve programs of education for delinquent children and
youth at risk of dropping out of school before graduation.
``SEC. 1402. PAYMENTS FOR PROGRAMS UNDER THIS PART.
``(a) Agency Subgrants.--Based on the allocation amount
computed under section 1403, the Secretary shall allocate to
each State educational agency amounts necessary to make
subgrants to State agencies.
``(b) Local Subgrants.--Each State shall retain, for
purposes of subpart 2, funds generated throughout the State
under part A based on youth residing in local correctional
facilities, or attending community day programs for
delinquent children.
``(c) Use of Remaining Funds.--Each State shall use any
funds remaining after allocations are made under subsection
(a).
``Subpart 1--State Agency Programs
``SEC. 1403. AMOUNT OF ALLOCATION TO STATE.
``(a) State Allocation.--Each State educational agency is
eligible to receive under this part, for each fiscal year, an
amount equal to the product of--
``(1) the number of delinquent children in State
correctional facilities serving youth under the age of 21 who
are enrolled for at least 20 hours per week in education
programs operated or supported by facilities serving youth,
and 10 hours a week in adult facilities serving youth.
``(2) 40 percent of the average per-pupil expenditure in
the State, except that the amount determined under this
paragraph shall not be less than 32 percent or more than 48
percent of the average per-pupil expenditure in the United
States.
``(b) Subgrants to State Agencies In Puerto Rico.--For each
fiscal year, the amount of the grant for which a State agency
in the Commonwealth of Puerto Rico is eligible under this
part shall be equal to--
``(1) the number of children counted under subsection
(a)(1) for Puerto Rico; multiplied by the product of--
``(A) the percentage that the average per-pupil expenditure
in Puerto Rico is of the lowest average per-pupil expenditure
of any of the 50 States; and
``(B) 32 percent of the average per-pupil expenditure in
the United States.
``SEC. 1404. STATE PLAN.
``(a) State Plan.--(1)(A) Each State educational agency
that desires to receive payments under this part shall
submit, for approval by the Secretary, a plan, which shall be
revised and updated as needed, for meet-
[[Page 499]]
ing the needs of delinquent youth and children at risk of
dropping out that--
``(i) is integrated with the State's plan, either approved
or being developed, under title III of the Goals 2000:
Educate America Act, and satisfies the requirements of this
section that are not already addressed by such State plan; or
``(ii) if the State does not have an approved plan under
title III of the Goals 2000: Educate America Act or is not
developing such a plan, is integrated with other State plans
under this Act and satisfies the requirements of this
section.
``(B) A State plan submitted under paragraph (1)(A)(i) may,
if necessary, be submitted as an amendment to the State's
plan under title III of the Goals 2000: Educate America Act.
``(2) Each such plan shall also--
``(A) describe the State-established program goals,
objectives, and performance measures that will be used to
assess the effectiveness of the program in improving academic
and vocational skills of children in the program;
``(B) provide that, to the extent feasible, such children
will have the same opportunities to learn as they would have
if they were in schools of local educational agencies in the
State;
``(C) describe the manner in which such State educational
agency will make subgrants; and
``(D) contain assurances that the State educational agency
will--
``(i) ensure that programs assisted under this part will be
carried out in accordance with the State plan described in
this subsection;
``(ii) carry out the evaluation requirements of section
1408;
``(iii) ensure that its State agencies comply with all
applicable statutory and regulatory requirements; and
``(iv) provide such other information as the Secretary may
reasonably require.
``(b) Secretarial Approval; Peer Review.--(1) The Secretary
shall approve each State plan that meets the requirements of
this part.
``(2) The Secretary may review any such plan with the
assistance and advice of individuals with relevant expertise.
``(c) Subgrants to State Agencies.--A State agency is
eligible for assistance under this part if it is responsible
for providing free public education for children in
institutions for delinquent children.
``(d) State Agency Applications.--A State agency that
desires to receive funds to carry out a program under this
part shall submit an application to the State educational
agency that--
``(1) describes the procedures to be used, consistent with
the State plan under part A of this title, to assess the
educational needs of the children to be served;
``(2) provides assurances that in making services available
to youth in adult correctional facilities, priority will be
given to such youth who are likely to complete incarceration
within a 2-year period;
``(3) describes the program, including a budget for the
first year of the program, with annual updates to be
provided;
``(4) describes how the program will meet the goals and
objectives of the State plan under this part;
``(5) describes how the State agency will consult with
experts and provide the necessary training for appropriate
staff, to ensure that the planning and operation of
institution-wide projects under section 1406 are of high
quality;
``(6) describes how the agency will carry out the
evaluation requirements of section 1408 and how the results
of the most recent evaluation are used to plan and improve
the program;
``(7) includes data showing that the agency has maintained
fiscal effort required of a local educational agency, in
accordance with section 9501 of this title;
``(8) describes how the programs will be coordinated with
other appropriate State and Federal programs, including the
Job Training Partnership Act, vocational education, State and
local dropout prevention programs, and special education;
``(9) describes how appropriate professional development
will be provided to teachers and other instructional and
administrative personnel;
``(10) designates an individual in each affected
institution to be responsible for issues relating to the
transition of children from an institution to locally
operated programs;
``(11) describes how the agency will, endeavor to
coordinate with businesses for training and mentoring for
participating youth;
``(12) describes how the agency will assist in locating
alternative programs through which students can continue
their education if they are not returning to school after
leaving the correctional facility;
``(13) describes how the agency will work with parents to
secure their assistance in improving the educational
achievement of their children and preventing their further
involvement in delinquent activities;
``(14) describes how the agency works with special
education youth in order to meet an existing individualized
education program and an assurance that the agency will
notify the youth's local school if such youth is identified
as in need of special education services while the youth is
in the facility and if the youth intends to return to the
local school;
``(15) describes how the agency will work with youth who
dropped out of school before entering the facility to
encourage such youth to reenter school once their term has
been completed or provide the youth with the skills necessary
to gain employment, continue their education, or achieve a
high school equivalency certificate if the youth does not
intend to return to school;
``(16) provides assurances that teachers and other
qualified staff are also trained to work with children with
disabilities and other students with special needs taking
into consideration the unique needs of such students;
``(17) describes any additional services provided to youth,
including career counseling, assistance in securing student
loans, grants; and
``(18) describes how this program will be coordinated with
any programs operated under the Juvenile Justice and
Delinquency Act, if applicable.
``SEC. 1405. USE OF FUNDS.
``(a) General.--(1) A State agency shall use funds received
under this part only for programs and projects that--
``(A) are consistent with the State plan referred to in
section 1404(a); and
``(B) concentrate on providing participants with the
knowledge and skills needed to make a successful transition
to high school completion, further education, or employment.
``(2) Such programs and projects--
``(A) may include the acquisition of equipment;
``(B) shall be designed to support educational services
that--
``(i) except for institution-wide projects under section
1406, are provided to children identified by the State agency
as failing, or most at risk of failing, to meet the State's
challenging performance standards;
``(ii) supplement and improve the quality of the
educational services provided to such children by the State
agency; and
``(iii) afford such children an opportunity to learn to
such challenging State standards;
``(C) shall be carried out in a manner consistent with
section 1119(b) and part F of this title; and
``(D) may include the costs of meeting the evaluation
requirements of section 1408.
``(b) Supplement, Not Supplant.--A program under this part
that supplements the number of hours of instruction students
receive from State and local sources shall be considered to
comply with the `supplement, not supplant' requirement of
section 1119(b) of this title without regard to the subject
areas in which instruction is given during those hours.
``SEC. 1406. INSTITUTION-WIDE PROJECTS.
``A State agency that provides free public education for
children in an institution for delinquent children may use
funds received under this part to serve all children in, and
upgrade the entire educational effort of, such institution or
program if the State agency has developed, and the State
educational agency has approved, a comprehensive plan for
such institution or program that--
``(1) provides for a comprehensive assessment of the
educational needs of all youth in the institution or program
serving juveniles;
``(2) provides for a comprehensive assessment of the
educational needs of youth aged 20 and younger in adult
facilities who are expected to complete incarceration within
a 2-year period;
``(3) describes the steps the State agency has taken, or
will take, to provide all children under 21 with the
opportunity to meet challenging academic and vocational
standards in order to improve the likelihood that the
students will complete high school, attain high school
equivalency, or find employment after leaving the
institution;
``(4) describes the instructional program, pupil services,
and procedures that will be used to meet the needs described
in paragraph (1), including, to the extent feasible, the
provision of mentors for secondary school students;
``(5) specifically describes how such funds will be used;
``(6) describes the measures and procedures that will be
used to assess student progress;
``(7) describes how the agency has planned, and will
implement and evaluate, the institution-wide or program-wide
project in consultation with personnel providing direct
instructional services and support services in institutions
for delinquent children and personnel from the State
educational agency; and
``(8) includes an assurance that the State agency has
provided for appropriate training to teachers and other
instructional and administrative personnel to enable them to
carry out the project effectively.
``SEC. 1407. THREE-YEAR PROJECTS.
``If a State agency operates a program under this part in
which individual children are likely to participate for more
than one year, the State educational agency may approve the
State agency's application for a subgrant under this part for
a period not to exceed 3 years.
``SEC. 1408. TRANSITION SERVICES.
``(a) Transition Services.--Each State agency shall reserve
not more than 10 percent of the amount it receives under this
part for any fiscal year to support projects that facilitate
the transition of children from State-operated institutions
to local educational agencies.
``(b) Conduct of Projects.--A project supported under this
section may be conducted directly by the State agency, or
through a contract or other arrangement with one or more
local educational agencies, other public agencies, or private
nonprofit organizations.
[[Page 500]]
``(c) Limitation.--Any funds reserved under subsection (a)
shall be used only to provide transitional educational
services, which may include counseling and mentoring, to
delinquent children in schools other than State-operated
institutions.
``Subpart 2--Local Agency Programs
``SEC. 1410. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.
``(a) Local Subgrants.--With funds retained under section
1402(2), the State educational agency shall make subgrants to
local educational agencies with--
``(1) a high number or percentage of youth who are residing
in local (including county) correctional facilities for youth
(including those involved in day programs); and
``(2) which have the highest numbers or percentage of youth
in the State which have dropped out of school in the
preceding fiscal year.
``(b) Notification.--A State educational agency shall
notify local educational agencies which meet the criteria of
subsection (a) of their eligibility for participation in the
program.
``(c) Purpose of Local Educational Agency Programs.--The
purpose of this section is the operation of local educational
agency programs which involve collaboration between local
educational agencies and local correctional facilities
serving such youth to--
``(1) continue transition activities for youth returning
from such facilities;
``(2) to operate dropout prevention programs in local
schools for youth at risk of dropping out and youth returning
from correctional facilities; and
``(3) to prepare youth who have finished their period of
incarceration for employment, high school completion, and
further education.
``(d) Local Educational Agency Applications.--(1) Eligible
local educational agencies which choose to take part in
programs funded under this section shall submit an
application to the State educational agency, containing such
information on programs to be operated under this section as
the State educational agency may require, and which shall
include--
``(1) a description of formal agreements between the local
educational agency and correctional facilities and
alternative school programs serving youth involved with the
juvenile justice system to operate programs for delinquent
youth;
``(2) a description of how participating schools will
coordinate with facilities working with delinquent youth to
ensure that such youth are participating in an education
program comparable to one operating in the local school such
youth would attend;
``(3) a description of the dropout prevention program
operated by participating schools and the types of services
such schools will provide to at risk youth in participating
schools and youth returning from correctional facilities;
``(4) a description of the youth expected to be served by
the dropout prevention program and how the school will be
coordinating existing educational programs to meet unique
education needs;
``(5) a description of how schools will coordinate with
existing social and health services to meet the needs of
students at risk of dropping out of school and other
participating students, including prenatal health care and
nutrition services related to the health of the parent and
child, parenting and child development classes, child care,
targeted re-entry and outreach programs, referrals to
community resources, and scheduling flexibility;
``(6) a description of any partnerships with local
businesses to develop training and
mentoring services for participating students;
``(7) a description of how the program will involve parents
in efforts to improve the education achievement of their
children, assist in dropout prevention activities, and
prevent the involvement of their children in delinquent
activities;
``(8) a description of how this program will be coordinated
with other Federal, State, and local programs, including the
Job Training and Partnership Act and vocational education
programs serving this at risk population of youth;
``(9) a description of how the program will be coordinated
with programs operated under the Juvenile Justice and
Delinquency Prevention Act, if applicable;
``(10) a description of how schools will work with
probation officers to assist in meeting the needs of youth
returning from correctional facilities;
``(11) a description of efforts participating schools will
make to ensure correctional facilities working with youth are
aware of a child's existing individualized education program;
and
``(12) a description of the steps participating schools
will take to find alternative placements for youth interested
in continuing their education but unable to participate in a
regular public school program.
``(e) Uses of Funds.--Funds provided to local educational
agencies under this section may be used for--
``(1) dropout prevention programs which serve youth at
educational risk, including pregnant and parent teens, youth
who have come in contact with the juvenile justice system,
youth at least one year behind their expected grade level,
migrants, immigrants, students with limited-English
proficiency and gang members;
``(2) the coordination of health and social services for
such youth if there is a likelihood that the provision of
such services including day care and drug and alcohol
counseling, will improve the likelihood such students will
complete their education; and
``(3) programs to meet the unique education needs of youth
at risk of dropping out, which may include vocational
education, special education, career counseling, and
assistance in securing student loans or grants.
``(f) Program Requirements for Correctional Facilities
Receiving Funds Under This Section.--Each facility entering
into a partnership with a local educational agency to provide
services to youth under this section shall--
``(1) ensure educational programs in juvenile facilities
are coordinated with the student's home school, particularly
with respect to special education students with an
individualized education program;
``(2) notify the local school of a youth if the youth is
identified as in need of special education servicers while in
the facility;
``(3) provide transition assistance to help the youth stay
in school, including coordination of services for the family,
counseling, assistance in accessing drug and alcohol abuse
prevention programs, tutoring, and family counseling;
``(4) provide support programs which encourage the youth
who have dropped out to reenter school once their term has
been completed or provide such youth with the skills
necessary for them to gain employment or seek a high school
equivalency certificate;
``(5) work to ensure facilities are staffed with teachers
and other qualified staff who are also trained to work with
children with disabilities and other special needs students
taking into consideration such unique needs;
``(6) ensure educational programs in correctional
facilities are related to assisting students meet high
educational standards;
``(7) use, to the extent possible, technology to assist
coordinating educational programs between the juvenile
facility and community school;
``(8) involve parents in efforts to improve the educational
achievement of their children and prevent the further
involvement of such children in delinquent activities;
``(9) coordinate funds received under this program with
other available State, local, and Federal funds to provide
services to participating youth, including the Job Training
Partnership Act, and vocational education;
``(10) coordinate programs operated under this section with
activities funded under the Juvenile Justice and Delinquency
Prevention Act, if applicable; and
``(11) if appropriate, work with local businesses to
develop training and mentoring programs for participating
youth.
``(g) Accountability.--The State educational agency may--
``(1) reduce or terminate funding for projects funded under
this section in local educational agencies if such agencies
do not show progress in reducing dropout rates for male
students and for female students over a 3-year period; and
``(2) require juvenile facilities to demonstrate, after 3
years, that there has been an increase in the number of youth
returning to school, obtaining high school equivalency
certificates, or obtaining employment after such youth are
released.
``SEC. 1411. PROGRAM EVALUATIONS.
``(a) Scope of Evaluation.--Each State agency or local
educational agency that conducts a program under subpart 1 or
2 shall evaluate the program, disaggregating data on
participation by sex, and if feasible, by race, ethnicity,
and age, not less than once every 3 years to determine its
impact on the ability of participants to--
``(1) maintain and improve educational achievement;
``(2) accrue school credits that meet State requirements
for grade promotion and high school graduation;
``(3) for delinquent youth, make the transition to a
regular program or other education program operated by a
local educational agency; and
``(4) complete high school (or high school equivalency
requirements) and obtain employment after leaving the
institution.
``(b) Evaluation Measures.--In conducting each such
evaluation with respect to subsection (a)(1), a State agency
or local educational agency shall use multiple and
appropriate measures of student progress.
``(c) Evaluation Results.--Each State agency and local
educational agency shall--
``(1) submit evaluation results to the State educational
agency; and
``(2) use the results of evaluations under this section to
plan and improve subsequent programs for participating
children.
``SEC. 1412. DEFINITIONS.
``For the purpose of this part, the following terms have
the following meanings:
``(1) The term `adult correctional institution' means a
facility in which persons are confined as a result of a
conviction for a criminal offense, including persons under 21
years of age.
``(2) The term `at risk youth' means school aged youth who
are at risk of academic failure, have drug or alcohol
problems, are pregnant or are parents, have come into contact
with the juvenile justice system in the past, are at least
one year behind the expected grade level for such age, have
limited-English proficiency, are gang members, have dropped
out in the past, or have high absenteeism rates.
``(3) The term `community-day program' means a regular
program of instruction provided by a State agency at a
community-day
[[Page 501]]
school operated specifically for delinquent children.
``(4) The term `institution for delinquent children' means
a public or private residential facility for the care of
children who have been adjudicated to be delinquent or in
need of supervision.
``PART E--FEDERAL EVALUATIONS, DEMONSTRATIONS, AND TRANSITION PROJECTS
``SEC. 1501. EVALUATIONS.
``(a) National Assessment.--(1) The Secretary shall conduct
a national assessment of programs under this title, in
coordination with the ongoing Chapter 1 Longitudinal Study
under subsection (b) of this section, that shall be planned,
reviewed, and conducted in consultation with an independent
panel of researchers, State practitioners, local
practitioners, and other appropriate individuals.
``(2) The assessment shall examine how well schools, local
educational agencies, and States--
``(A) are progressing toward the goal of all children
served under this title reaching the State's content and
performance standards; and
``(B) are accomplishing the specific purposes set out in
section 1001(d) of this title to achieve this goal,
including--
``(i) ensuring high standards for all children and aligning
the efforts of States, local educational agencies, and
schools to help children reach them;
``(ii) providing children an enriched and accelerated
educational program through schoolwide programs or through
additional services that increase the amount and quality of
instructional time that children receive;
``(iii) promoting schoolwide reform and access of all
children to effective instructional strategies and
challenging academic content;
``(iv) significantly upgrading the quality of the
curriculum and instruction by providing staff in
participating schools with substantial opportunities for
professional development;
``(v) are using any of the voluntary model State
opportunity-to-learn standards that may have been implemented
and whether they are useful in improving learning;
``(vi) coordinating services under all parts of this title
with each other, with other educational services, including
preschool services, and, to the extent feasible, with health
and social service programs funded from other sources;
``(vii) affording parents meaningful opportunities to
participate in the education of their children at home and at
school, including the provisions of family literacy services;
``(viii) distributing resources to areas where needs are
greatest;
``(ix) improving accountability, as well as teaching and
learning, by making assessments under this title congruent
with State assessment systems; and
``(x) providing greater decisionmaking authority and
flexibility to schools in exchange for greater responsibility
for student performance.
``(3) Where feasible, the Secretary shall use information
gathered from a variety of sources, including the National
Assessment of Educational Progress, State evaluations, and
available research studies in carrying out this subsection.
``(4) The Secretary shall submit a biennial report
summarizing the cumulative findings to date of the assessment
to the President and the appropriate committees of the
Congress.
``(b) Studies and Data Collection.--The Secretary may
collect such data, as necessary, at the State, local, and
school levels and conduct studies and evaluations, including
national studies and evaluations, to assess on an ongoing
basis the effectiveness of programs under this title and to
report on such effectiveness on a periodic basis. The
Secretary shall report no later than December 31, 1997 to the
House Committee on Education and Labor and the Senate
Committee on Labor and Human Resources on how schoolwide
programs are meeting the needs of children from migratory
families.
``(c) National Evaluation of Title I.--The Secretary shall
carry out an ongoing evaluation of the program under part A
of this title in order to provide the public, Congress, and
educators involved in such program, an accurate description
of the effectiveness of such program and provide information
that can be used to improve such program's effectiveness.
Such evaluation shall--
``(1) have a longitudinal design tracking cohorts of
students for at least 3 years which, when the cohorts are
taken as a whole, provides a picture of such program's
effectiveness over the elementary and secondary grades;
``(2) be separate and independent from State and local
assessments and evaluations as required under this part;
``(3) utilize the highest available content standards that
are generally accepted as national in scope;
``(4) provide information on all students, students served
under this part, and, if funds are sufficient, information on
students from low-income families and limited English
proficient students; and
``(5) when feasible, collect, cross-tabulate, and report
data by sex within race or ethnicity and socioeconomic
status.
The Secretary shall use the information from this evaluation
as part of the national assessment required by subsection (a)
and shall report the data from this evaluation to the
Congress and the public at least as frequently as that
assessment.
``(d)(1) In conducting the National Assessment under
subsection (a) and the National Evaluation under subsection
(b), the Secretary shall not assess the progress of students
in grade 1, kindergarten, and pre-kindergarten on the basis
of outcome measures such as content and performance
standards.
``(2) Any assessments of children in grade 2 shall utilize
matrix sampling and be performance-based.
``(3) Any data collected regarding children in grade 2
shall--
``(A) be collected at multiple points in time;
``(B) not be used to stigmatize, label, or place any child;
and
``(C) be collected in multiple domains.
``(e) Parental Involvement, Study, Report and
Dissemination.--(1) The Secretary, through the Office of
Education Research and Improvement, shall conduct a study to
identify and describe--
``(A) common barriers to effective parental involvement in
the education of participating children; and
``(B) successful local policies and programs which improve
parental involvement and the performance of participating
children.
``(2) The Secretary shall--
``(A) complete such study by December 31, 1995;
``(B) report the findings of such study to the Committee on
Education and Labor of the House of Representatives and to
the Committee on Labor and Human Resources of the Senate; and
``(C) disseminate the findings, relating to the successful
local policies and programs which improve parental
involvement and the performance of participating children, to
local educational agencies.
``SEC. 1502. DEMONSTRATIONS OF INNOVATIVE PRACTICES.
``(a) Demonstration Programs To Improve Achievement.--(1)
From the funds appropriated for any fiscal year under section
1002(7)(B), the Secretary may make grants to State
educational agencies, local educational agencies, other
public agencies, nonprofit organizations, public/private
partnerships involving business and industry organizations,
and consortia of such bodies to carry out demonstration
projects that show the most promise of enabling children
served under this title to meet challenging State standards.
Such projects shall include promising strategies such as--
``(A) accelerated curricula, the application of new
technologies to improve teaching and learning, extended
learning time, and a safe and enriched full-day environment
for children to provide them the opportunity to reach high
standards;
``(B) integration of education services with each other and
with health, family, and other social services such as
mentoring programs, particularly in empowerment zones and
enterprise communities;
``(C) effective approaches to whole school reform;
``(D) programs that have been especially effective with
limited English proficient children, migratory children and
other highly mobile students, children leaving institutions
for neglected or delinquent children and returning to school,
and homeless children and youth; and
``(E) programs that are built upon partnerships developed
between elementary, middle schools, and secondary schools,
employers, and the community which emphasize the integration
of high quality academic and vocational learning, stress
excellence and high expectations for success in core academic
subjects, instill responsibility, decisionmaking, problem
solving, interpersonal skills, and other competencies in
students, and make school relevant to the workplace and the
community, through applied and interactive teaching
methodologies, team teaching strategies, learning
opportunities connecting school, the workplace, and the
community, and career exploration, awareness, and career
guidance opportunities.
``(2) The Secretary shall evaluate the demonstration
projects supported under this title, using rigorous
methodological designs and techniques, including control
groups and random assignment, to the extent feasible, to
produce reliable evidence of effectiveness.
``(b) Partnerships.--(1) From funds appropriated under
section 1002(7)(B) for any fiscal year, the Secretary may,
directly or through grants or contracts, work in partnership
with State educational agencies, local educational agencies,
other public agencies, and non-profit organizations to
disseminate and use the highest quality research and
knowledge about effective practices to improve the quality of
teaching and learning in schools supported under this title.
``SEC. 1503. INNOVATIVE ELEMENTARY SCHOOL TRANSITION
PROJECTS.
``(a) In General.--From not less than $10,000,000 of the
amount appropriated under section 1002(7)(B) the Secretary
shall provide financial assistance to support innovative
transition projects in elementary schools.
``(b) Grants.--(1) From 70 percent of the amount reserved
under subsection (a) to carry out this section, the Secretary
shall make grants to local educational agencies for the
purpose of supporting projects, for children from low-income
families who previously attended Head Start, Even Start, or
similar preschool programs, which provide educational and
other services in kindergarten and early elementary grades.
``(2) The purpose of such projects are to assist such
children to--
[[Page 502]]
``(A) make a successful transition from preschool through
the early elementary grades; and
``(B) achieve challenging academic standards.
``(3) A program assisted under this subsection shall--
``(A) provide transition-to-elementary school activities,
such as--
``(i) development of a transition plan for each child,
which provides for support and assistance through the third
grade;
``(ii) transfer of each child's preschool records to the
elementary school (with parental consent);
``(iii) formal meetings between a child's parent, preschool
teacher, and kindergarten or first grade teacher; and
``(iv) kindergarten visits and other orientation activities
for preschool children prior to enrollment in elementary
school;
``(B) use a model instructional approach for which
financial assistance is provided under subsection (d);
``(C) provide directly or through referral comprehensive
educational, health, nutritional, social, and other services
as will aid in the continued development of eligible children
to their full potential; and
``(D) provide for the direct participation of the parents
of such children in the development, operation, and
evaluation of such program.
``(c) Applications and Grant Priority.--(1) An application
for a grant under subsection (b) shall--
``(A) describe the transition-to-elementary school
activities which the applicant plans to administer;
``(B) describe the model instructional approach the
applicant will use, and the manner in which the applicant
will implement such approach;
``(C) provide evidence that the applicant has made a formal
arrangement to receive technical assistance and training from
the agency, organization, or institution which sponsors such
approach and receives funds under subsection (d);
``(D) describe the manner in which the applicant will
provide comprehensive services to the children to be served;
``(E) describe how the applicant will provide for direct
participation by parents in the planning, operation, and
evaluation of such program;
``(F) describe how such program will be coordinated with
title I, title VII, and other programs authorized under this
Act; and
``(G) provide evidence that--
``(i) the applicant has entered into formal arrangements
with local Head Start, Even Start, and other preschool
programs to ensure that the transition activities supported
by such program are effective; and
``(ii) the transition activities, instruction, and other
services to be provided by the applicant have been
specifically designed to build upon, and coordinate with,
those services provided to eligible children and their
parents in local Head Start, Even Start and other similar
preschool programs.
``(2) An application for a grant under subsection (b) may
provide for the use of mentors who are high school or college
students trained to provide tutoring to elementary and
secondary students formerly enrolled in Head Start or Even
Start programs.
``(3) In making grants under subsection (b), the Secretary
shall--
``(A) give priority to applicants that--
``(i) propose to administer a project in schools designated
as a schoolwide program under section 1114 of this Act; and
``(ii) propose to use an innovative transition and
instructional approach which has been shown to be effective
for the purpose described in paragraph (2) of subsection (b);
and
``(B) provide sufficient funds to enable programs to meet
the purposes of paragraph (1) and the requirements of
paragraph (2).
``(d) Technical Assistance and Training.--From 30 percent
of the amount reserved under subsection (a), the Secretary
shall make grants to public and private nonprofit agencies,
institutions, and organizations to provide--
``(1) technical assistance in the implementation and
expanded use of model transition and instructional
approaches; and
``(2) training in conjunction with the implementation and
operation of such model approaches.
``(e) General Provisions.--
``(1) An application for assistance under this section may
not be approved unless the Secretary is satisfied that the
services to be provided by the applicant will supplement, and
not supplant, services previously provided without Federal
assistance.
``(2) A program which receives assistance under subsection
(b) must demonstrate that such program achieved the purposes
described in paragraph (2) of such subsection in order to be
eligible for a renewal grant.
``PART F--GENERAL PROVISIONS
``SEC. 1601. FEDERAL REGULATIONS.
``(a) In General.--The Secretary is authorized to issue
such regulations as are necessary to reasonably ensure that
there is compliance with this title.
``(b) Negotiated Rulemaking Process.--(1) Prior to
publishing proposed regulations in the Federal Register to
carry out this title, the Secretary shall obtain the advice
and recommendations of representatives of Federal, State, and
local administrators, parents, teachers, and members of local
boards of education involved with the implementation and
operation of programs under this title.
``(2) Such advice and recommendations may be obtained
through such mechanisms as regional meetings and electronic
exchanges of information.
``(3) After obtaining such advice and recommendations, and
prior to publishing proposed regulations, the Secretary
shall--
``(A) establish a negotiated rulemaking process on a
minimum of 4 key issues, including--
``(i) schoolwide projects;
``(ii) standards and assessment;
``(iii) parental involvement; and
``(iv) professional development;
``(B) select individuals to participate in such process
from among individuals or groups which provided advice and
recommendations, with representation from all geographic
regions; and
``(C) prepare a draft of proposed policy options that shall
be provided to the individuals selected by the Secretary
under subparagraph (A) not less than 45 days prior to the
first meeting under such process.
``(4) Such process--
``(A) shall be conducted in a timely manner to ensure that
final regulations are issued by the Secretary not later than
the 240-day period required by section 437 of the General
Education Provisions Act; and
``(B) shall not be subject to the Federal Advisory
Committee Act but shall otherwise follow the provisions of
the Negotiated Rulemaking Act of 1990 (5 U.S.C. 561 et seq.).
``(5) In an emergency situation in which regulations to
carry out this title must be issued with a very limited time
to assist State and local educational agencies with the
operation of the program, the Secretary may issue proposed
regulations without following such process but shall,
immediately thereafter and prior to issuing final
regulations, conduct regional meetings to review such
proposed regulations.
``(c) Special Rule.--Funds made available under section
1002(7) may not be released by the Secretary for expenditure
until such time as final regulations to carry out part A are
published in the Federal Register.
``(d) Limitation.--Regulations to carry out this part may
not require local programs to follow a particular
instructional model, such as the provision of services
outside the regular classroom or school program.
``SEC. 1602. COORDINATION OF FEDERAL, STATE, AND LOCAL
ADMINISTRATION.
``(a) Program Assistance Manual.--The Secretary shall, not
later than 6 months after the publication of final
regulations under this title, prepare and distribute to State
educational agencies, State agencies operating programs under
parts C and D, and local educational agencies, and shall make
available to parents and other interested individuals,
organizations, and agencies, a manual for this title to--
``(1) assist such agencies in--
``(A) enhancing the quality, increasing the depth, or
broadening the scope of activities for programs under this
title;
``(B) applying for program funds under this title; and
``(C) meeting the program objectives under this title;
``(2) assist State educational agencies in achieving proper
and efficient administration of programs funded under this
title;
``(3) assist parents to become involved in the planning
for, and implementation and evaluation of, programs and
projects under this title; and
``(4) ensure that officers and employees of the Department
of Education, including officers and employees of the
Secretary and officers and employees of such Department
charged with auditing programs carried on under this title,
uniformly interpret, apply, and enforce requirements under
this title throughout the United States.
``(b) Contents of Policy Manual.--The policy manual shall,
with respect to programs carried out under this title,
contain descriptions, statements, procedural and substantive
rules, opinions, policy statements and interpretations and
indices to and amendments of the foregoing, and in
particular, whether or not such items are required under
section 552 of title 5, United States Code, to be published
or made available. The manual shall include--
``(1) a statement of the requirements applicable to the
programs carried out under this title, including such
requirements contained in this title, the General Education
Provisions Act, other applicable statutes, and regulations
issued under the authority of such statutes;
``(2) an explanation of the purpose of each requirement and
its interrelationship with other applicable requirements; and
``(3) model forms and instructions developed by the
Secretary for use by State and local educational agencies, at
their discretion, including, application forms, application
review checklists, and instruments for monitoring programs
under this title.
``(c) Response to Inquiries.--The Secretary shall respond
with written guidance not more than 90 days after any written
request (return receipt requested) from a State or local
educational agency regarding a policy, question, or
interpretation under this title. In the case of a request
from a local educational agency, such agency is required to
address its request to the State educational agency first.
``SEC. 1603. STATE ADMINISTRATION.
``(a) Rulemaking.--(1) Each State that receives funds under
this title shall--
``(A) ensure that any State rules, regulations, and
policies relating to this title conform to the purposes of
this title and provide any such proposed rules, regulations,
and policies to the Committee of Practitioners for their
review and comment;
[[Page 503]]
``(B) minimize such rules, regulations, and policies to
which their local educational agencies and schools are
subject; and
``(C) identify any such rule, regulation, or policy as a
State-imposed requirement.
``(2) State rules, regulations, and policies under this
title shall support and facilitate local educational agency
and school-level systemic reform designed to enable all
children to meet the State's standards.
``(b) Committee of Practitioners.--(1) Each State
educational agency shall create a State committee of
practitioners to advise the State in carrying out its
responsibilities under this title.
``(2) Each such committee shall include--
``(A) as a majority of its members, representatives from
local educational agencies;
``(B) administrators;
``(C) teachers, including vocational educators;
``(D) parents;
``(E) members of local boards of education;
``(F) representatives of private school children; and
``(G) counselors.
``(3) The duties of the committee shall include a review,
prior to publication, of any proposed or final State rule or
regulation pursuant to this title. In an emergency situation
where such rule or regulation must be issued within a very
limited time to assist local educational agencies with the
operation of the program, the State educational agency may
issue a regulation without prior consultation, but shall
immediately thereafter convene the State committee of
practitioners to review the emergency regulation prior to
issuance in final form.
``(c) Payment For State Administration.--Each State may
reserve for the proper and efficient performance of its
duties under this title the greater of--
``(1) one percent of the funds received under section
1002(a) and (c) through (f); or
``(2) $375,000, or $50,000 in the case of Guam, American
Samoa, the Virgin Islands, the Northern Mariana Islands, and
Palau (until the Compact of Free Association takes effect).
``TITLE II--IMPROVING TEACHING AND LEARNING
``PART A--DWIGHT D. EISENHOWER PROFESSIONAL DEVELOPMENT PROGRAM
``SEC. 2101. FINDINGS.
``The Congress finds that--
``(1) reaching the National Education Goals requires a
comprehensive educational reform strategy that involves
parents, schools, government, communities, and other public
and private organizations at all levels;
``(2) a crucial component of the strategy for achieving
these goals is ensuring, through sustained and intensive
high-quality professional development, and through the
development and adoption of high quality curriculum, that all
teachers are capable of providing challenging learning
experiences in the core academic subjects for their students;
``(3) decisionmaking as to what activities a State or local
educational agency should undertake to improve teaching and
learning are best made by individuals in the schools closest
to the classroom and most knowledgeable about the needs of
schools and students;
``(4) the potential positive impact of high-quality
professional development is underscored by recent research
findings that--
``(A) professional development must be focused on teaching
and learning in order to change the opportunities of all
students to achieve higher standards; and
``(B) effective professional development focuses on
discipline-based knowledge and subject-specific pedagogical
skills, involves teams of teachers and administrators in a
school and, through professional networks of teachers and
administrators, is interactive and collaborative, motivates
by its intrinsic content and relationship to practice, builds
on experience and learning-by-doing, and becomes incorporated
into the everyday life of the school;
``(5) engaging teachers in the development of high quality
curricula is a powerful professional development activity
that improves teaching and learning;
``(6) special attention must be given in professional
development activities to ensure that education professionals
are knowledgeable of, and make use of, strategies for serving
populations that historically have lacked access to equal
opportunities for advanced learning and career advancement;
``(7) States and local educational agencies also need to
engage teachers in the development of high quality curricula
that are aligned with State or local content and performance
standards in order to improve teaching and learning and
ensure that students achieve the State standards;
``(8) professional development is often a victim of budget
reductions in fiscally difficult times and curricula
development is almost nonexistent in many State and local
school systems; and
``(9) the Federal Government has a vital role in helping
States and local educational agencies to make sustained and
intensive high-quality professional development in the core
academic subjects become an integral part of the elementary
and secondary education system and in providing assistance to
such agencies to engage teachers in the development of high
quality curricula that are aligned with State or local
content and performance standards.
``SEC. 2102. PURPOSES.
``The purposes of this part are to provide assistance to
States and local educational agencies and to institutions of
higher education with teacher education programs so that such
agencies can determine how best to improve the teaching and
learning of all students through--
``(1) helping to ensure that teachers, other staff, and
administrators have access to sustained and intensive high-
quality professional development that is aligned to
challenging State content and performance standards in the
care academic subjects and that--
``(A) is tied to challenging State and local curriculum
content and student performance standards;
``(B) reflects recent research on teaching and learning;
``(C) incorporates effective strategies, techniques,
methods, and practices for meeting the educational needs of
diverse students, including females, minorities, individuals
with disabilities, limited-English proficient individuals,
and economically disadvantaged individuals, in order to
ensure that all students have the opportunity to achieve
challenging performance standards;
``(D) includes strong academic content and pedagogical
components;
``(E) is of sufficient intensity and duration to have a
positive and lasting impact on the teacher's performance in
the classroom; and
``(F) is part of the everyday life of the school and
creates an orientation toward continuous improvement
throughout the school; and
``(2) assisting States and local educational agencies to
engage teachers in the development of high quality curriculum
that is aligned with State or local content and performance
standards.
``SEC. 2103. AUTHORIZATION OF APPROPRIATIONS; ALLOCATION
BETWEEN SUBPARTS.
``(a) Authorization of Appropriations.--For the purpose of
carrying out this part, there are authorized to be
appropriated $800,000,000 for fiscal year 1995 and such sums
as may be necessary for fiscal years 1996, 1997, 1998, and
1999.
``(b) Allocation Between Subparts.--Of the funds
appropriated to carry out this part for a fiscal year, the
Secretary shall use--
``(1) 5 percent to carry out subpart 1; and
``(2) 95 percent to carry out subpart 2.
``Subpart 1--Federal Activities
``SEC. 2111. PROGRAM AUTHORIZED.
``(a) Program Authorized.--The Secretary is authorized to
make grants to, and enter into contracts and cooperative
agreements with, local educational agencies, State
educational agencies, State agencies for higher education,
educational service agencies, institutions of higher
education, and other public and private agencies, other
organizations, and institutions to--
``(1) support activities of national significance that will
contribute to the development and implementation of high-
quality professional development activities in the core
academic subject areas;
``(2) support the development of challenging curriculum
that is aligned with State or local content and performance
standards; and
``(3) evaluate activities carried out under this subpart
and under subpart 2.
``(b) Coordination With Other Agencies.--In carrying out
this program, the Secretary shall consult and coordinate with
the National Science Foundation, the National Endowment for
the Humanities, the National Endowment for the Arts, and
other appropriate Federal agencies and entities.
``SEC. 2112. AUTHORIZED ACTIVITIES.
``(a) The Secretary shall use funds available to carry out
this subpart--
``(1) to provide seed money to eligible entities to develop
their capacity to offer sustained and intensive high-quality
professional development;
``(2) for the development and maintenance of a national
clearinghouse for science, mathematics, and technology
education materials which shall be administered as an adjunct
clearinghouse of the ERIC system of clearinghouses supported
by the Office of Educational Research and Improvement;
``(3) to support consortia of educational agencies and
organizations in disseminating information and providing
assistance regarding curricula, teaching methods, and
assessment tools that support national or State content
standards in mathematics and science; and
``(4) the evaluation of programs under this subpart and
under subpart 2.
``(b) The Secretary may use funds available to carry out
this subpart--
``(1) for the development and maintenance of national
clearinghouses for core academic subjects as the Secretary
determines are needed and which shall be administered as
adjunct clearinghouses of the ERIC system of clearinghouses
supported by the Office of Educational Research and
Improvement;
``(2) to provide grants to entities to develop high quality
curricula that are aligned with voluntary national or State
content standards;
``(3) to sponsor institutes that provide teachers and
administrators with professional development that is based on
strong and integrated disciplinary content and pedagogical
components;
``(4) for efforts to train teachers in the innovative uses
and applications of technology to enhance student learning;
``(5) to encourage the development of local and national
professional networks of educators;
``(6) to disseminate standards in the core academic
subjects, including information on voluntary national content
and performance
[[Page 504]]
standards and related models of high-quality professional
development;
``(7) for efforts to train teachers in innovative uses of
applied learning strategies such as service learning;
``(8) to disseminate models of high-quality professional
development activities that train educators in strategies,
techniques, methods, and practices for meeting the
educational needs of historically underserved populations,
including females, minorities, individuals with disabilities,
limited-English proficient individuals, and economically
disadvantaged individuals, in order to ensure that all
students have the opportunity to achieve challenging
performance standards;
``(9) to promote the transferability of licensure and
certification of teachers and administrators among State and
local jurisdictions; and
``(10) to support the National Board for Professional
Teaching Standards.
``(c) In carrying out subsection (a), the Secretary shall
ensure that each program, project, and activity contained in
such subsection receives an allocation that is no less than
the amount that each such program, project, or activity
received in fiscal year 1994.
``Subpart 2--State and Local Activities
``SEC. 2121. PROGRAM AUTHORIZED.
``The Secretary is authorized to make grants to State
educational agencies for the improvement of teaching and
learning through sustained and intensive high-quality
professional development activities in the core academic
subjects at the State and local levels and the development by
teachers and others of high-quality curricula that are
aligned with State or local content and performance
standards.
``SEC. 2122. ALLOCATION OF FUNDS.
``(a) Reservation of Funds.--From the amount made available
to carry out this subpart for any fiscal year, the Secretary
shall--
``(1) reserve one half of one percent for the outlying
areas, to be distributed among them on the basis of relative
need, as determined by the Secretary in light of the purposes
of this part; and
``(2) reserve one half of one percent for the Secretary of
the Interior for programs under this subpart for professional
development activities for teachers, other staff, and
administrators in schools operated or funded by the Bureau of
Indian Affairs.
``(b) State Allotments.--The Secretary shall allocate the
remaining amount to each of the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico as follows,
except that no State shall receive less than one-half of one
percent of such remaining amount:
``(1) 50 percent shall be allocated among such
jurisdictions on the basis of their relative populations of
individuals aged 5 through 17, as determined by the Secretary
on the basis of the most recent satisfactory data.
``(2) 50 percent shall be allocated among such
jurisdictions in accordance with the relative amounts such
jurisdictions received under part A of title I of this Act
for the preceding fiscal year.
``(c) Reallocation.--If any jurisdiction does not apply for
its allotment under subsection (b) for any fiscal year, the
Secretary shall reallocate such amount to the remaining
jurisdictions in accordance with such subsection.
``SEC. 2123. WITHIN-STATE ALLOCATIONS.
``(a) Reservations.--Of the amounts received by a State
under this subpart for a fiscal year--
``(1) not more than 5 percent shall be used for the
administrative costs of programs carried out by the State
educational agency and the State agency for higher education;
``(2) not more than 5 percent may be used for State-level
activities, as described in section 2125; and
``(3) of the remaining amount--
``(A) 87 percent shall be distributed to local educational
agencies, to be used in accordance with section 2129, as
follows:
``(i) 50 percent of such amount shall be distributed in
accordance with the relative enrollments in public and
private nonprofit schools within their boundaries.
``(ii) 50 percent of such amount shall be distributed in
accordance with the relative amount such agencies received
under part A of title I of this Act for the preceding fiscal
year; and
``(B) 13 percent shall be used for competitive grants to
institutions of higher education as described in section
2129.
``(b) Limitation.--
``(1) General rule.--Except as provided in paragraph (2),
any local educational agency that receives an allocation of
less than $10,000 under subsection (a) shall, for the purpose
of providing services under this subpart, form a consortium
with at least 1 other local educational agency or institution
of higher education receiving assistance under this section.
``(2) Waiver.--The State educational agency shall waive the
application of paragraph (1) in the case of any local
educational agency that demonstrates that the amount of its
allocation is sufficient to provide a program of sufficient
size, scope, and quality to be effective. In granting waivers
under the preceding sentence, the State educational agency
shall--
``(A) give special consideration to local educational
agencies serving rural areas; and
``(B) consider cash or in-kind contributions provided from
State or local sources that may be combined with the local
educational agency's allocation for the purpose of providing
services under this part.
``SEC. 2124. STATE APPLICATIONS.
``(a) Applications Required.--Each State educational agency
that wishes to receive its allotment under this subpart for
any fiscal year shall submit an application to the Secretary
at such time and in such form as the Secretary may require.
``(b) State Plan To Improve Teaching and Learning--(1) Each
application under this section shall include a State plan
that--
``(A) is integrated with the State's plan, either approved
or being developed, under title III of the Goals 2000:
Educate America Act, and satisfies the requirements of this
section that are not already addressed by that State plan; or
``(B) if the State does not have an approved plan under
title III of the Goals 2000: Educate America Act and is not
developing such a plan, is integrated with other State plans
under this Act and satisfies the requirements of this
section.
``(2) Each such plan shall also--
``(A) be developed in conjunction with the State agency for
higher education, institutions of higher education, schools
of education, and with the extensive participation of
teachers and administrators and members of the public who are
interested in improving education in the State and show the
role of each in implementation;
``(B) be designed to give teachers and administrators in
the State the knowledge and skills to provide all students
the opportunity to meet challenging State performance
standards;
``(C) include an assessment of State and local needs for
professional development and for the development of curricula
that are aligned with State or local content and performance
standards;
``(D) include a description of how the plan has assessed
the needs of local education agencies serving rural areas,
and what actions are planned to meet those needs;
``(E) include a description of how the plan has maintained
funding for professional development activities in
mathematics and science education;
``(F) include a description of how the activities funded
under this subpart will address the needs of teachers in
schools receiving assistance under part A of title I of this
Act;
``(G) a description of how programs in all core academic
subjects, but especially in mathematics and science, will
take into account the need for greater access to, and
participation in, such disciplines by students from
historically underrepresented groups, including females,
minorities, individuals with limited-English proficiency, the
economically disadvantaged, and the disabled, by
incorporating pedagogical strategies and techniques which
meet their educational need;
``(H) if the State's needs assessment under subsection (C)
demonstrates a need for professional development, describe
how the State will--
``(i) work with teachers, including teachers in schools
receiving assistance under part A of title I of this Act,
administrators, local educational agencies, schools, and
institutions of higher education to ensure that they develop
the capacity to support sustained and intensive, high-quality
professional development programs in all the core academic
subject areas, but especially in mathematics and science;
``(ii) take specific steps to review and, if necessary,
reform State requirements for licensure of teachers and
administrators, including certification and recertification,
to align such requirements with challenging State content and
performance standards; and
``(iii) address the need for improving teaching and
learning through teacher development beginning with
recruitment, pre-service, and induction, and continuing
throughout the professional teaching career; and
``(I) if the State's needs assessment under subparagraph
(C) demonstrates a need for curricula development, describe--
``(i) a strategy for engaging teachers in the development
of curricula that are aligned with State or local content and
performance standards; and
``(ii) how the State will also work with administrators,
parents, school board members, and other members of the
community in developing high quality curricula that are
aligned with State or local content and performance
standards.
``(c) Additional Material.--Each State application shall
also include--
``(1) a description of how the activities funded under this
subpart will be coordinated, as appropriate, with--
``(A) other activities conducted with Federal funds,
especially activities supported under part A of title I of
this Act;
``(B) State and local funds;
``(C) resources from business and industry; and
``(D) funds from other Federal agencies, such as the
National Science Foundation, the Departments of Commerce,
Energy, and Health and Human Services, the National Endowment
for the Arts, and the National Endowment for the Humanities;
and
``(2) a description of the activities to be sponsored under
the State-level activities and the higher education
components of its program under this subpart.
``(d) Peer Review and Secretarial Approval.--(1) The
Secretary shall approve the application of a State
educational agency if it meets the requirements of this
section and
[[Page 505]]
holds reasonable promise of achieving the purposes of this
part.
``(2) In reviewing applications, the Secretary shall obtain
the advice of non-Federal experts on education in the core
academic subjects and on teacher education, including
teachers and administrators.
``SEC. 2125. STATE-LEVEL ACTIVITIES.
``Each State may use funds reserved under section
2123(a)(2) to carry out activities referred to in section
2124(b), such as--
``(1) reviewing and reforming State requirements for
teacher and administrator licensure, including certification
and recertification, to align such requirements with the
State's content standards and ensure that teachers and
administrators have the knowledge and skills necessary to
help students meet challenging State performance standards;
``(2) developing performance assessments and peer review
procedures, as well as other methods, for licensing teachers
and administrators;
``(3) providing technical assistance to schools and local
educational agencies especially schools and local educational
agencies that receive assistance under part A of title I of
this Act, to help such schools and agencies provide effective
professional development in the core academic subjects and
develop high quality curricula;
``(4) developing or supporting professional development
networks, either within a State or in a regional consortium
of States, that provide a forum for interaction among
teachers and that allow exchange of information on advances
in content assessment and pedagogy;
``(5) supporting partnerships between schools, consortia of
schools, or local education agencies and institutions of
higher education, including but not limited to schools of
education, which would encourage teachers to participate in
intensive, ongoing professional development programs, both
academic and pedagogical, at institutions of higher
education, and to encourage students at institutions of
higher education studying to become teachers to have direct,
practical experience at the schools;
``(6) enhancing the effective use of educational technology
as an instructional tool for increasing student understanding
of the core academic subject areas including--
``(A) efforts to train teachers in the innovative uses and
application of instructional technology;
``(B) utilizing and strengthening existing
telecommunications infrastructure dedicated to educational
purposes; and
``(C) efforts to train teachers in methods for achieving
gender equity both in access to and teaching practices used
in the application of educational technology;
``(7) providing incentives for teachers to be involved in
curriculum development and technical assistance processes for
teachers and students;
``(8) professional development enabling teachers and other
school staff to ensure that girls, young women, minorities,
limited English proficient students, individuals with
disabilities, and economically disadvantaged individuals have
the opportunity to achieve challenging State performance
standards in the core academic subjects by, for example,
encouraging girls, young women, and minorities to pursue
advanced courses in mathematics and science;
``(9) designing professional development activities that
increase the numbers of members of minority and other
underrepresented groups in the teaching force in the core
subjects;
``(10) developing high quality curriculum that is aligned
with State or local content and performance standards; and
``(11) providing financial or other incentives for teachers
to become certified by the National Board for Professional
Teaching Standards.
``SEC. 2126. LOCAL PLAN AND APPLICATION FOR IMPROVING
TEACHING AND LEARNING.
``(a) Local Application.--(1) Each local educational agency
that wishes to receive a subgrant under this subpart shall
submit an application (singly or as a consortia as described
in section 2123(b)) to the State educational agency at such
time as the State educational agency shall require, but not
less frequently than every 3rd year.
``(2) If the local educational agency has an application
approved by the State under title III of the Goals 2000:
Educate America Act, the application required by this section
shall be a component of (or, if necessary, an addendum to)
its Goals 2000 application.
``(3) A local education agency shall set specific
performance indicators for improving teaching and learning
through professional development and curriculum development.
``(4) A local educational agency shall submit, as part of
its application, the results of the needs assessment
conducted under subsection (b), and the local educational
agency plan developed in accordance with subsection (c).
``(b) Needs Assessment.--(1) A local educational agency
that wishes to receive a subgrant under this subpart shall
include in its application an assessment of such agency's
need for professional development, for the development of
high quality curricula that are aligned with State or local
content and performance standards.
``(2) Such needs assessment shall be carried out with the
involvement of teachers, including teachers in schools
receiving assistance under part A of title I of this Act, and
shall take into account what activities need to be conducted
in order to give teachers and administrators the means,
including the knowledge and skills, to provide students with
the opportunity to meet challenging State or local
performance standards.
``(c) Plan Development.--(1) The plan required under this
subsection shall be developed jointly by the local
educational agency and by teachers from the core academic
disciplines.
``(2) Such teachers shall also be representative of the
grade spans within schools to be served and of schools which
receive assistance under part A of title I of this Act.
``(3) Based on the needs assessment required under
subsection (b), the local educational agency's plan shall
include the following--
``(A) a description of the local educational agency's
strategy to improve teaching and learning in every school;
``(B) a description of how the plan contributes to the
local educational agency's overall efforts for school reform
and educational improvement;
``(C) a description of the activities the local educational
agency intends to undertake under this subpart consistent
with such agency's needs assessment conducted under
subsection (b);
``(D) a description of how the plan has maintained funding
for professional development activities in mathematics and
science education;
``(E) a description of how the activities funded under this
section will address the needs of teachers in schools
receiving assistance under part A of title I of this Act;
``(F) a description of how programs in all core academic
subjects, but especially in mathematics and science, will
take into account the need for greater access to, and
participation in, such disciplines by students from
historically underrepresented groups, including females,
minorities, individuals with limited-English proficiency, the
economically disadvantaged, and the disabled, by
incorporating pedagogical strategies and techniques which
meet their educational need;
``(G) an assurance that the activities conducted with funds
received under this program will be assessed at least every 3
years using the performance indicators; and
``(H) a description of how the program funded under this
subpart will be coordinated, as appropriate, with--
``(i) activities conducted under section 2130 and other
services of institutions of higher education;
``(ii) similar State and local activities;
``(iii) resources provided under part A of title I and
other parts of this Act, particularly part B of title II;
``(iv) resources from business, industry, private nonprofit
organizations (including museums, libraries, educational
television stations, community-based organizations,
professional organizations and associations specializing in,
or with a demonstrated expertise in the core academic
disciplines);
``(v) funds or programming from other Federal agencies,
such as the National Science Foundation, the Department of
Energy, the Department of Health and Human Services, the
National Endowment for the Humanities, and the National
Endowment for the Arts; and
``(vi) an identification of funding that will provide the
local educational agency's contribution under section 2127.
``SEC. 2127. LOCAL COST SHARING.
``(a) In General.--Each local educational agency shall bear
not less than 33 percent of the cost of any program carried
out under this subpart, but not including the cost of
services provided to private schoolteachers.
``(b) Available Resources for Cost-Sharing.--A local
educational agency may meet the requirements of subsection
(a) through one or more of the following:
``(1) Cash expenditures from non-Federal sources, including
private contributions, directed toward professional
development and curriculum development activities.
``(2) Release time for teachers participating in
professional development or curricula development funded
under this subpart.
``(3) Funds received under one or more of the following
programs, if used for professional development or curricula
development activities consistent with this subpart and
consistent with the statutes under which such funds are
provided, then such funds must be used for the benefit of
students and teachers in the schools that would otherwise
have been served with such funds:
``(A) Part A of title I of this Act.
``(B) The Safe and Drug Free Schools program under title IV
of this Act.
``(C) The bilingual education program under title VII of
this Act.
``(D) The Women's Educational Equity Program under title
III of this Act.
``(E) Title III of the Goals 2000: Educate America Act.
``(F) Programs that are related to the purposes of this Act
that are administered by other agencies, including the
National Science Foundation, the National Endowment for the
Humanities, the National Endowment for the Arts, and the
Department of Energy.
``(c) Waiver.--The State educational agency may approve an
application which has not fully met the requirements of
subsection (a) and waive the requirements of subsection (a)
if a local educational agency can demonstrate that it is
unable to meet the requirements of subsection (a) due to
economic hardship and that compliance with such requirements
would preclude its participation in the program.
[[Page 506]]
``SEC. 2128. LOCAL ALLOCATION OF FUNDS AND ALLOWABLE
ACTIVITIES.
``(a) Local Allocation of Funds.--Each local educational
agency that receives funds under this subpart for any fiscal
year--
``(1) shall use not less than 80 percent of such funds
for--
``(A) professional development of teachers, principals, and
other instructional staff who work directly with children;
and
``(B) engaging teachers and other staff in the development
of high quality curricula aligned with State and local
content and performance standards, in a manner that is
determined by such teachers and staff and is consistent with
the provisions of such local educational agency's application
under section 2126, any school plan under part A of title I
of this Act, and any other plan for professional development
or curricula development carried out with Federal, State, or
local funds; and
``(2) may use not more than 20 percent of such funds for
district-level professional or curricula development
activities, which may include the participation of
administrators and policymakers if such activities directly
support instructional personnel.
``(b) Authorized Activities.--Each local educational agency
and school that receives funds under this subpart shall use
such funds for activities that give teachers and
administrators the knowledge and skills to provide students
with the opportunity to meet challenging State or local
content and performance standards. Funds received by local
educational agencies under this subpart only shall be used
for the activities specified under subsections (c) and (d).
No less than 80 percent of those funds shall be used for
activities under subsection (c) and not more than 20 percent
for activities under subsection (d).
``(c) Professional Development.--If a needs assessment
conducted under section 2126(b) determines that funds under
this subpart should be used to provide professional
development in the core academic subjects for teachers and
other school staff, the local educational agency shall use
such funds for professional development for teachers and
other staff to support teaching consistent with State, or
local content standards, and shall, to the extent
practicable, coordinate such activities with institutions of
higher education and activities under section 2129:
``(1) Professional development activities funded under this
subpart shall--
``(A) be tied to challenging State or local content and
student performance standards;
``(B) reflect recent research on teaching and learning;
``(C) incorporates effective strategies, techniques,
methods, and practices for meeting the educational needs of
diverse students, including females, minorities, individuals
with disabilities, limited-English proficient individuals,
and economically disadvantaged individuals, in order to
ensure that all students have the opportunity to achieve
challenging performance standards;
``(D) include strong academic content and pedagogical
components;
``(E) be of sufficient intensity and duration to have a
positive and lasting impact on the teacher's performance in
the classroom; and
``(F) be part of the everyday life of the school and create
an orientation toward continuous improvement throughout the
school.
``(2) Funds under this subpart may be used for professional
development activities such as--
``(A) professional development for teams of teachers,
administrators, or other staff from individual schools, to
support teaching consistent with State or local content
standards;
``(B) support and time for teachers and other school staff
to participate in professional development in the core
subjects offered through professional associations,
universities, community-based organizations, and other
providers including museums and educational partnership
organizations;
``(C) activities that provide followup for teachers who
have participated in professional development activities that
are designed to ensure that knowledge and skills learned by
the teacher are implemented in the classroom;
``(D) support for partnerships between schools, consortia
of schools, or local education agencies and institutions of
higher education, including but not limited to schools of
education, which would encourage teachers to participate in
intensive, ongoing professional development programs, both
academic and pedagogical, at institutions of higher
education, and to encourage students at institutions of
higher education studying to become teachers to have direct,
practical experience at the schools;
``(E) the establishment and maintenance of local
professional networks that provide a forum for interaction
among teachers and that allow exchange of information on
advances in content and pedagogy;
``(F) activities to prepare teachers in the effective use
of educational technology as an instructional tool for
increasing student understanding of the core academic subject
areas;
``(G) activities to enable teachers to ensure that girls,
young women, minorities, limited-English proficient students,
individuals with disabilities, and economically disadvantaged
individuals the opportunity to achieve the challenging State
performance standards in the core academic subjects;
``(H) professional development and recruitment activities
designed to increase the number of minorities, individuals
with disabilities, and females teaching in the core academic
subject in which they are underrepresented;
``(I) the development of incentive strategies for rewarding
schools where a substantial portion of the teachers achieve
certification by the National Board for Professional Teaching
Standards; and
``(J) other sustained and intensive high-quality
professional development activities in the core academic
subjects.
``(d) Curriculum Development.--(1) If the needs assessment
of a local educational agency determines that funds under
this subpart should be used for curriculum development, such
agency shall use the funds provided to develop high quality
curricula that is aligned with State or local content and
performance standards.
``(2) Funds may be used to purchase the curriculum
materials to the extent such materials are essential
components of the local educational agency's plan to improve
teaching and learning in the core academic subjects.
``SEC. 2129. HIGHER EDUCATION ACTIVITIES.
``(a) General.--(1) The State agency for higher education,
working in conjunction with the State educational agency (if
it is a separate agency), shall make grants to, or enter into
contracts or cooperative agreements with, institutions of
higher education and nonprofit organizations including
museums and educational partnership organizations, which
demonstrate consultation and cooperation with a local
education agency, consortium of local education agencies, or
schools, for--
``(A) professional development activities in the core
academic subject areas that contribute to the State plan for
professional development;
``(B) engaging teachers in the development of high-quality
curricula that are aligned with State or local content and
performance standards;
``(C) developing and providing assistance to local
education agencies, and the teachers and staff of each such
agency, for sustained, high-quality professional development
activities; and
``(D) improving teacher education programs in order to
promote further innovation in teacher education programs
within an institution of higher education and to better meet
the needs of the local education agencies for well-prepared
teachers;
``(2) All such awards shall be made on a competitive basis.
``(3) No institution of higher education may receive
assistance under subsection (a)(1) of this subsection unless
the institution enters into an agreement with a local
education agency, or consortium of such agencies, to provide
sustained, high-quality professional development for the
elementary and secondary school teachers in the schools of
each such agency.
``(4) Each project funded under this section shall involve
a joint effort of the recipient's school or department of
education and the schools or departments in the specific
disciplines in which assistance may be provided.
``(b) Allowable Activities.--A recipient of funds under
this section shall use those funds for--
``(1) sustained and intensive high-quality professional
development for teams of teachers, or teachers and
administrators from individual schools or districts;
``(2) other sustained and intensive professional
development activities related to achievement of the State
plan for professional development such as--
``(A) establishment and maintenance of professional
networks of teachers that provide a forum for interaction
among teachers and that allow exchange of information on
advances in content and pedagogy;
``(B) programs that prepare teachers to be effective users
of information technology, able to integrate technology into
their pedagogy and their instructional practices, and able to
enhance their curricular offerings by appropriate
applications of technology;
``(C) programs that utilize information technology to
deliver sustained and intensive high quality professional
development activities for teachers;
``(D) activities to enable teachers to ensure that girls,
young women, minorities, limited-English proficient students,
individuals with disabilities, and economically disadvantaged
individuals have the opportunity to achieve the challenging
State performance standards in the core academic subjects;
``(E) professional development and recruitment activities
designed to increase the number of minorities, individuals
with disabilities, and other underrepresented groups teaching
in the core academic subjects, particularly in mathematics
and science;
``(F) establishment of professional development academies
operated as partnerships between one or more elementary or
secondary schools and one or more institutions of higher
education to provide school-based teacher training that
provides prospective, novice, and experienced teachers with
an opportunity to work under the guidance of master teachers
and college faculty members; and
``(G) technical assistance to local educational agencies in
providing sustained and intensive high quality professional
development activities for teachers.
``Subpart 3--General Provisions
``SEC. 2131. REPORTING AND ACCOUNTABILITY.
``(a) States.--Each State that receives funds under this
part shall submit a report to the Secretary every 3 years on
the State's progress toward the performance indicator
identified in its State plan, as well as on the effectiveness
of State and local activities under this part.
[[Page 507]]
``(b) Local Educational Agencies.--Each local educational
agency that receives funds under this part shall submit a
report to the State every 3 years on its progress toward the
outcome performance indicators in its plan.
``(c) Federal Evaluation.--The Secretary shall report to
the President and Congress on the effectiveness of programs
and activities funded under this part.
``(d) Prohibition on Funds Being Used for Construction or
Renovation.--Funds received under this part shall not be used
for construction or renovation of buildings, rooms, or any
other facilities.
``SEC. 2132. DEFINITIONS.
``As used in this part, the following terms have the
following meanings:
``(1) The term `core academic subjects' means those
subjects listed in the State plan under title III of the
Goals 2000: Educate America Act or under National Education
Goal Three as set out in section 102(3) of such Act.
``(2) The term `performance indicators' means measures of
specific outcomes that the State or local educational agency
identifies as assessing progress toward the goal of ensuring
that all teachers have the knowledge and skills to assist
their students to meet challenging State standards in the
core academic subject areas. Examples of such indicators
include--
``(A) the degree to which licensure requirements are tied
to State standards;
``(B) specific increases in the number of elementary and
secondary teachers with strong content backgrounds in the
core academic subjects;
``(C) incorporates effective strategies, techniques,
methods, and practices for meeting the educational needs of
diverse students, including females, minorities, individuals
with disabilities, limited-English proficient individuals,
and economically disadvantaged individuals, in order to
ensure that all students have the opportunity to achieve
challenging performance standards; and
``(D) specific increases in the number of Board certified
teachers licensed in each core subject.
``(3) The term `sustained and intensive high-quality
professional development' means professional development
activities that--
``(A) are tied to challenging State or voluntary national
content and performance standards;
``(B) reflect up-to-date research in teaching and learning
and include integrated content and pedagogical components;
``(C) incorporates effective strategies, techniques,
methods, and practices for meeting the educational needs of
diverse students, including females, minorities, individuals
with disabilities, limited English proficient individuals,
and economically disadvantaged individuals, in order to
assure that all students have the opportunity to achieve
challenging performance standards;
``(D) are of sufficient intensity and duration to have a
positive and lasting impact on the teacher's performance in
the classroom or the administrator's performance on the job;
and
``(E) recognize teachers as an important source of
knowledge that should inform and help shape professional
development.
``(4) The term `local standard' means challenging content
and performance standards in the core subjects (in addition
to State content and performance standards approved by the
State for title I).
``PART B--TECHNOLOGY EDUCATION ASSISTANCE
``Subpart 1--Assistance to State and Local Educational Agencies
``SEC. 2201. SHORT TITLE.
``This title may be cited as the `Technology Education
Assistance Act of 1994'.
``SEC. 2202. FINDINGS.
``The Congress finds that--
``(1) technology can produce far greater opportunities for
all students to learn to high standards and promote
efficiency and effectiveness in education;
``(2) the use of technology as a tool in the teaching and
learning process is essential to the development and
maintenance of a technologically literate citizenry and an
internationally competitive workforce;
``(3) the acquisition and use of technology in education
throughout the United States has been inhibited by the
absence of Federal leadership, the inability of many State
and local educational agencies to invest in and support
needed technologies, and the limited availability of
appropriate technology-enhanced curriculum, instruction,
teacher training, and administrative support resources and
services in the educational marketplace;
``(4) educational equalization concerns and school
restructuring needs can be addressed through educational
telecommunications and technology by offering universal
access to high-quality teaching and programs, particularly in
urban and rural areas;
``(5) in the absence of appropriate educational technology
policies, the disparity between rich and poor students will
become even greater in a world where technology and
telecommunications increasingly have become an integral part
of many households;
``(6) the increasing use of new technologies and
telecommunications systems in business and industry has
furthered the gap between schooling and work force
preparation;
``(7) telecommunications can be a conduit for ongoing
teacher training and improved professional development by
providing to teachers constant access to updated research in
teaching and learning;
``(8) research consistently shows that the planned use of
technology combined with teachers who are adequately trained
in its use can increase opportunities for more students to
develop higher order thinking and technical skills than is
possible with traditional instruction;
``(9) technology can engage students in learning through
media with which they are comfortable, and prove to be an
effective learning tool, particularly when correlated with
State and national curriculum standards;
``(10) schools need new ways of financing the acquisition
and maintenance of educational technology; and
``(11) the needs for educational technology differ from
State to State.
``SEC. 2203. STATEMENT OF PURPOSE.
``The purpose of this Act is to support a comprehensive
system for the acquisition and use by elementary and
secondary schools in the United States of technology and
technology-enhanced curricula, instruction, and
administrative support resources and services to improve the
delivery of educational services, such system shall include--
``(1) national leadership with respect to the need for, and
the provision of, appropriate technology-enhanced curriculum,
instruction and administrative programs to improve learning
in the United States;
``(2) funding mechanisms which will support the
development, interconnection, implementation, improvement and
maintenance of an effective educational technology
infrastructure;
``(3) information dissemination networks to facilitate
access to information on effective learning programs,
assessment and evaluation of such programs, research
findings, and supporting resources (including instructionally
based, technology-enhanced programs, research and resources)
by educators throughout the United States;
``(4) an extensive variety of opportunities for teacher,
inservice training, and administrative training and technical
assistance with respect to effective uses of technologies in
education;
``(5) utilizing and strengthening, not duplicating,
existing telecommunications infrastructures dedicated to
educational purposes;
``(6) development and evaluation of new and emerging
educational technologies and telecommunications networks;
``(7) assessment data regarding state-of-the-art uses of
technologies in United States education upon which commercial
and noncommercial telecommunications entities, and
governments can rely on for decisionmaking about the need
for, and provision of, appropriate technologies for education
in the United States; and
``(8) authorize grants to States that--
``(A) improve the academic performance of students through
technology;
``(B) strengthen the skills of teachers in effectively
utilizing technology for student learning;
``(C) promote the planned application of technology in
education by those who will use the technology; and
``(D) encourage collaborative relationships between the
State agency for higher education, the State library
administrative agency and the State telecommunications agency
for education and the State educational agency in the area of
technology support to strengthen the system of education.
``SEC. 2204. DEFINITIONS.
``For purposes of this title--
``(1) the terms `library' and `State library administrative
agency' shall have the same meaning given to such terms in
section 3 of the Library Services and Construction Act
(Public Law 84-579);
``(2) the term `Regional Education Laboratory' shall have
the same meaning given to such term in section 405 of the
Department of Education Organization Act (Public Law 96-88);
``(3) the term `technology' includes closed circuit
television systems, public telecommunications entities, cable
television, satellite, copper and fiber optic transmission,
computer, video and audio laser and CD ROM disc, video and
audio tapes or other technologies;
``(4) the term `credit enhancement' means a financial
arrangement that enhances the credit quality of the issuer or
the financial instrument being used; and
``(5) the term `interoperability' means the ability to
communicate with operating systems developed nationally and
internationally using multiple network media.
``SEC. 2205. IN-STATE APPORTIONMENT.
``(a) Authorizations.--The Secretary is authorized to make
grants to States in accordance with the provisions of this
title to strengthen the skills of educators and improve
learning through the use of technology.
``(b) Elementary, Secondary Education Programs.--(1) For
each fiscal year, an amount equal to 70 percent of each
State's allotment under section 2212(a)(2) shall be used for
elementary and secondary education programs by the State
educational agency in accordance with section 2206.
``(2) Not less than 90 percent of a State's allotment under
this subsection shall be
[[Page 508]]
available to local educational agencies including services to
adults and families of which not more than 5 percent of the
funds available to the local educational agency for any
fiscal year may be used for local administration.
``(3) Not more than 10 percent of the amount allocated
under subsection (a) may be used by the State educational
agency for technical assistance and administrative costs of
which not less than 50 percent shall be used for technical
assistance.
``(c) Higher Education Programs.--(1) For each fiscal year
20 percent of each State's allotment under section 2212(a)(2)
shall be used by the State higher education agency designated
in the State plan for partnership programs between local
educational agencies, including educational services to
adults and families and higher education institutions in
accordance with section 2207.
``(2) Not less than 90 percent of the amount available for
this subsection shall be used by the State for grants to
institutions of higher education for partnership programs in
accordance with the provisions of section 2207.
``(3) Not more than 10 percent of the amount allocated to
the State's higher education partnership program under this
section, may be used for the costs incurred for the
evaluation of programs assisted under section 2207; and for
administrative costs of the State's higher education agency
designated in the State plan.
``(d) Library and Literacy Programs.--(1) For each fiscal
year 10 percent of each State's allocation under section
2212(a)(2) shall be used by the State library administrative
agency to support collaborative activities among libraries,
literacy programs, and local educational agencies in
accordance with section 2208.
``(2) Not less than 90 percent of the amount available for
this section shall be used by the State for grants to local
public libraries and literacy programs in accordance with the
provisions of section 2208.
``(3) Not more than 10 percent of the amount available
under this section may be used by the State for the costs
incurred for evaluation of programs assisted under section
2208 and for administrative costs of the State library
administrative agency.
``SEC. 2206. ELEMENTARY AND SECONDARY EDUCATION PROGRAMS.
``(a) In General.--The amount apportioned under section
2205(b) from each State's allotment shall be used by the
State educational agency to strengthen elementary and
secondary education programs in accordance with the
provisions of this section.
``(b) Local Educational Agencies.--(1) Each local
educational agency, including educational services for adults
and families, shall use the educational technology funds
available under section 2205(b)(2) for--
``(A) developing, adapting, or expanding existing and new
applications of technology to support the school reform
effort; and
``(B) funding projects of sufficient size and scope to
improve student learning and, as appropriate, support
professional development, and provide administrative support.
``(2) To be eligible to receive educational technology
funds under this section for school or other school managed
alternative learning environment, a local educational agency
must submit an application to the State educational agency.
If the local educational agency has an application approved
by the State under title III of the Goals 2000: Educate
America Act, the application required by this section shall
be a component of (or if necessary an addendum to) its Goals
2000 application. The local educational agency must also
receive State approval of a technology use plan which
includes--
``(A) a description of how the local educational agency
plans to use the financial assistance received under section
2205(b)(2) to improve the use of technology in instruction,
professional development and administration;
``(B) a description of how funds under section 2205(b)(2)
will be coordinated with other State, local and Federal
resources;
``(C) a description of how the school programs will use
other resources of the community and involve public agencies,
private industry, institutions of higher education, public
and private nonprofit organizations, and other appropriate
institutions;
``(D) assurances that the programs will be evaluated and
outcomes reported in terms of the level of implementation of
the technology-based resources funded by this title, the
impact on teaching and learning, the changes in the school
program, and the extent to which the school will sustain the
project after funding is terminated;
``(E) a description of how the plan will support State and
local content and performance standards;
``(F) provisions to support, as needed, individual teachers
to develop and implement technology-based intervention
projects, including those which respond to the needs of
students with disabilities;
``(G) a description of how the financial assistance will be
used as appropriate for the expansion and improvement of
professional development of teachers and other appropriate
personnel regarding the use of technology, including the
educational use of computers, videos, and telecommunications
to enhance learning such training and instruction may be
carried out through agreements with public agencies, private
industry, institutions of higher education, regional
educational laboratories and national research centers,
nonprofit organizations, (including museums) libraries,
educational television stations;
``(H) a description of a strategy for the enhanced
involvement of parents through the use of technology; and
``(I) a description of how the plan will address the needs
of students with disabilities.
``(3) A local educational agency for any fiscal year may
apply for financial assistance as part of a consortium with
other local educational agencies, institutions of higher
education, intermediate educational units, libraries, or
other appropriate educational entities to provide local
programs. The State educational agency may assist in the
formation of consortia between local educational agencies,
providers of educational services for adults and families,
institutions of higher education, intermediate educational
units, libraries, or other appropriate educational entities
to provide services for the teachers and students in a local
educational agency at the request of such local educational
agency.
``SEC. 2207. HIGHER EDUCATION PROGRAMS.
``(a) In General.--The amount apportioned under section
2205(c) from each State's allotment shall be used by the
State for education programs in accordance with the
provisions of this section.
``(b) Grants to Institutions of Higher Education.--(1) The
State agency for higher education, in accordance with the
State educational technology plan filed under section 2209,
shall make grants available on a competitive basis to
institutions of higher education in the State which form
partnerships with one or more local educational agencies.
``(2) The amount available under section 2205(c)(2) shall
be used for--
``(A) professional development for new teachers in the use
of technology as an educational tool;
``(B) professional development for elementary, secondary,
adult and family, and vocational school teachers and training
for other appropriate school personnel to improve their
ability to use educational technology in their teaching; and
``(C) programs to improve student performance in academic
and work skill areas through the use of technology.
``(3) No institution of higher education may receive
assistance under paragraph (2)(A), (B), and (C) unless the
institution enters into an agreement with a local educational
agency, or consortium of such agencies, to provide
professional development for the elementary and secondary
school teachers in the public and private schools of the
school district of each agency.
``(c) Cooperative Program.--The State higher education
agency may use funds described in section 2205(c)(2) to
achieve the objectives of section 2207 by establishing
cooperative programs among institutions of higher education,
private industry, and non-profit organizations, that include
one or more local education agencies, for the development and
dissemination of projects to improve student performance in
academic or work skill areas.
``(d) Reporting.--In accordance with section 2205(c), 5
percent of the funding available for higher education
partnerships may be used by the agency for higher education
for evaluating the programs funded under this section.
Reports on the progress of programs shall be provided to the
State educational agency annually.
``SEC. 2208. LIBRARY AND LITERACY PROGRAMS.
``(a) In General.--Except as provided in paragraph (2), the
amount apportioned under section 2205(d) from each State's
allotment under this section shall be used by the State to
assist literacy and education programs in accordance with the
provisions of this section.
``(b) Grants to Local Public Libraries.--(1) In accordance
with the State education technology plan filed under section
2209, the State library administrative agency shall make
grants available on a competitive basis to local public
libraries in the State which demonstrate involvement of one
or more local educational agencies and literacy programs or
organizations in their activities.
``(2) The amount available under section 2205(d)(2) shall
be used for--
``(A) developing programs that help libraries, local
educational agencies, and literacy programs use technology to
share services and resources and develop collaborative
activities that improve their performance and that of the
students in academic and work skill areas; and
``(B) professional development for library, literacy, and
other appropriate personnel to improve their skills in the
use of educational technology and telecommunications.
``(c) Cooperative Program.--The State library
administration agency may use funds described in section
2205(d)(2) to achieve the objectives of section 2208 by
establishing cooperative programs among public libraries,
literacy organizations, private industries, and nonprofit
education organizations, if such programs include one or more
local educational agencies.
``(d) Reporting.--In accordance with section 2205(d),
funding available for library and literacy programs may be
used by the library administrative agency for reporting and
evaluating the programs funded under this section. Reports on
the progress of programs shall be provided to the State
educational agency annually.
``SEC. 2209. STATE EDUCATIONAL TECHNOLOGY PLAN.
``(a) Application.--(1) Each State educational agency which
desires to receive a grant under this title shall, in
consultation with the State agency for higher education and
the State library administrative agency, file a single
educational technology plan
[[Page 509]]
with the Secretary of Education which covers a period of 5
fiscal years. The State educational agency shall be
responsible for funding, supervising, and coordinating
programs described under this title and shall file the
educational technology plan at such time, in such manner, and
containing or accompanied by such financial, educational and
technological information as this section requires or as the
Secretary may reasonably require.
``(2) Such plan shall be--
``(A) integrated with the State's plan either approved or
being developed under the Goals 2000: Educate America Act,
and shall satisfy the requirements of this section that are
not already addressed by that State plan; or
``(B) if the State does not have an approved plan under the
Goals 2000: Educate America Act and is not developing such a
plan, integrated with other State plans under this Act and
satisfy the requirements of this section.
``(b) Contents of the Plan.--Each such plan shall--
``(1) designate the State agency or agencies responsible
for administering the elementary and secondary adult and
family programs under section 2206, and the higher education
programs under section 2207 and designate the State library
administrative agency to administer the library and literacy
programs under section 2208 in support of improved student
learning;
``(2) describe a financial plan developed by the State
educational agency, which shall describe--
``(A) financial assistance mechanisms to best fit the
technology needs of the State. Such mechanisms, which must be
included in the plan, may include, but not be limited to--
``(i) grants;
``(ii) matching grants;
``(iii) loans;
``(iv) loan guarantees; and
``(v) other credit enhancements.
``(B) describe criteria and approving procedures for
submitting applications for programs described in sections
2206, 2207, and 2208 for funding assistance under section
2205 within the State;
``(C) delineate processes for auditing and monitoring the
use of funds by recipients;
``(D) describe priorities for awarding funds under various
funding mechanisms; and
``(E) construe nothing in subsection (b)(2) to implicitly
or explicitly imply that the funds made available under this
subsection, through whatever mechanism is chosen by the State
agency, and recommended for approval to the Secretary are
backed by the full faith and credit of the Federal
Government;
``(3) designate the State education agency or another
single agency to carry out the financial plan developed by
the State education agency and to allocate funds received
under sections 2205 and 2212(a)(2). Such designated agency
shall be responsible for--
``(A) maintaining appropriate records of allocation of
funds, and, in the case of loans, adequate collection
procedures and records;
``(B) reporting annually to the Secretary on the use of
funds received under section 2212(a)(2);
``(4) describe an implementation strategy to coordinate the
expenditure of financial assistance paid under sections 2205
and 2212(a)(2) with other State and local funds, other
Federal funds and resources;
``(5) provide assurances that financial assistance provided
under section 2205 shall supplement, not supplant, State and
local funds;
``(6) describe how business, industry, and other public and
private agencies, including libraries, literacy programs, and
institutions of higher education, can participate in the
implementation, ongoing planning, and support of the plan;
``(7) delineate educational problems and needs in the
State, describe all learning environments supported by the
State plan, and specify how the application of technology
will address those and other needs including but not limited
to the special needs of--
``(A) urban and rural schools;
``(B) students with disabilities; and
``(C) disadvantaged students;
``(8) provide assurances that--
``(A) during the 5-year period of the plan, the State shall
evaluate its standards for teacher preparation in the use of
technology; and
``(B) programs conducted with State funds available under
this title shall be evaluated and an evaluation report shall
be submitted to the Secretary at the close of the third year
of funding;
``(9) describe how the State educational agency will
promote the purchase of equipment by local school districts
and schools that, when placed in operation, will provide the
greatest accessibility and equity for students and meet the
highest level of interoperability and open system design
within the emerging broad-based electronic information
highway that includes schools within the State;
``(10) describe the State's strategy for ensuring that
teachers, administrators and other education personnel have
access to the necessary staff development and technical
assistance to improve teaching and learning, school
administration, and the electronic transfer of, and access
to, information;
``(11) establish a method for continuously gathering and
disseminating current and emerging information on all aspects
of educational technology to all educators within the State;
``(12) describe how the State's planned use of technology
is supportive of the national education goals;
``(13) provide performance indicators and an evaluation
method for the State plan; and
``(14) create a planning process through which such plan is
reviewed and updated periodically.
``(c) Approval of Plans.--(1) The State educational agency
shall submit a plan for approval to the Secretary who shall
expeditiously review such State plan.
``(2) Any State that submits a plan that is not approved
shall receive assistance from the Secretary to improve its
plan.
``SEC. 2210. LOCAL EDUCATIONAL TECHNOLOGY PLAN.
``(a) Application.--A local educational agency that desires
to receive financial assistance under section 2205, shall
submit to the State educational agency (singly or in
conjunction with other local educational agencies,
institutions of higher education, or an intermediate
educational unit) a plan which covers a 3-year period.
``(b) Contents of the Plan.--A local educational agency
plan shall--
``(1) assure that the programs will be evaluated, and
outcomes reported in terms of --
``(A) the level of implementation of the technology-based
resources funded by this title;
``(B) the impact on teaching and learning; and
``(C) the extent to which the school or other appropriate
learning environments will sustain the project after funding
is terminated;
``(2) be consistent with district level planning for
educational technology, and shall support the local and
State's curriculum frameworks;
``(3) make provision for technical support and professional
development as needed for individual teachers to develop and
implement technology-assisted instruction; and
``(4) provide a strategy for the enhanced involvement of
parents through the use of technology.
``SEC. 2211. FEDERAL ADMINISTRATION.
``(a) Evaluation Procedures.--The Secretary shall, with
State and local representatives, develop procedures for State
and local evaluations of the programs under this title.
``(b) Evaluation Summary.--The Secretary shall submit to
the Congress 4 years after the enactment of this bill a
summary of the State evaluations of programs under this
subpart.
``SEC. 2212. ALLOCATION OF FUNDS.
``(a) In General.--(1) From the amount appropriated under
section 2213 for any fiscal year, the Secretary shall
reserve--
``(A) not more than one half of one percent for allocation
among Guam, American Samoa, the Virgin Islands, the Northern
Mariana Islands, and the Trust Territory of the Pacific
Islands according to their respective needs for assistance
under this subpart; and
``(B) one half of 1 percent for programs for Indian
students served by schools funded by the Secretary of the
Interior consistent with the purposes of this subpart;
``(2) The remainder of the amount so appropriated after
meeting the requirements of paragraph (1) shall be allocated
among the States (for purposes of this section, the District
of Columbia and Puerto Rico shall be considered as States)
with approved State plans under section 2209 as follows--
``(A) \1/2\ of such remainder shall be allocated among the
States by allocating to each State an amount which bears the
same ratio to such \1/2\ of such remainder as the number of
children aged 5 to 17, inclusive, in the State bears to the
number of such children in all States;
``(B) \1/2\ of such remainder shall be allocated among the
States according to each State's share of allocations under
part A of title I of the Elementary and Secondary Education
Act of 1965, except that no State shall receive less than \1/
2\ of 1 percent of the amount available under this subsection
in any fiscal year or less than the amount allotted to such
State for fiscal year 1988 under title II of the Education
for Economic Security Act;
``(C) for the purposes of this subsection, the term
``State'' does not include Guam, American Samoa, the Virgin
Islands, the Northern Mariana Islands, or the Trust Territory
of the Pacific Islands; and
``(D) the number of children aged 5 to 17, inclusive, in
the State and in all States shall be determined by the
Secretary on the basis of the most recent satisfactory data
available to the Secretary.
``(3) The Secretary shall make payments under paragraphs
(1)(A) and (1)(B) on whatever terms the Secretary determines
will best carry out the purposes of title I of this Act.
``(b) Reallotment of Unused Funds.--(1) The amount of any
State's allotment under subsection (a) for any fiscal year
which the Secretary determines will not be required for such
fiscal year to carry out part B of title II shall be
available for reallotment from time to time, on such dates
during such year as the Secretary may determine, to other
States in proportion to the original allotments to such
States under subsection (a) for such year, but with such
proportionate amount for any of such other States being
reduced to the extent it exceeds the sum the Secretary
estimates such State needs and will be able to use for such
year.
``(2) The total of reductions under paragraph (1) shall be
similarly reallotted among the States whose proportionate
amounts were not so reduced. Any amounts reallotted to a
State under this subsection during a year shall be deemed a
subpart of its allotment under subsection (a) for such year.
[[Page 510]]
``SEC. 2213. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $300,000,000 for
this subpart for 1995 and such sums as may be necessary for
each of the fiscal years 1996 through 1999.
``Subpart 2--Research, Development, and Demonstration of Educational
Technology
``SEC. 2214. FINDINGS AND PURPOSES.
``(a) Findings.--The Congress finds that--
``(1) technology has the potential to assist and support
the improvement of teaching and learning in schools and other
settings;
``(2) technology can provide students, parents, teachers,
and other education professionals with increased access to
information, instruction, and educational services in schools
and other settings, including homes, libraries, preschool and
child-care facilities, adult and family education programs,
and postsecondary institutions;
``(3) technology can produce far greater opportunities for
all students to learn to high standards and to promote
efficiency and effectiveness in education; and
``(4) the rapidly changing nature of technology requires
coordination and flexibility in Federal leadership.
``(b) Purposes.--The purposes of this subpart are to
promote achievement of the National Education Goals and to
increase the opportunity for all students to achieve to
challenging State standards by--
``(1) promoting awareness of the potential of technology
for improving teaching and learning;
``(2) supporting State and local efforts to increase the
effective use of technology for education;
``(3) demonstrating ways in which technology can be used to
improve teaching and learning, and to help ensure that all
students have an equal opportunity to meet challenging State
education standards;
``(4) ensuring the availability of knowledge drawn from
research and experience that can form the basis for sound
State and local decisions about investment in, and effective
uses of, educational technology;
``(5) promoting high-quality professional development
opportunities for teachers and administrators on the
integration of technology into instruction and
administration;
``(6) ensuring that Federal technology-related policies and
programs facilitate the use of technology in education; and
``(7) ensuring that, as technological advances are made,
the educational uses of these advances are considered and
their applications are developed.
``SEC. 2215. OFFICE OF EDUCATIONAL TECHNOLOGY.
``There is established in the Department an Office of
Educational Technology, which shall be administered by a
Director of Educational Technology appointed by the
Secretary. The Office of Educational Technology, in
consultation with other appropriate agencies, shall provide
leadership to the Nation in the use of technology to promote
achievement of the National Education Goals and to increase
opportunities for all students to achieve to challenging
State standards, and shall perform such additional functions
as the Secretary may require.
``SEC. 2216. NATIONAL LONG-RANGE PLAN.
``(a) In General.--(1) The Secretary shall develop and
publish by September 30, 1995, and update when appropriate, a
national long-range plan to carry out the purposes of this
subpart.
``(2) The Secretary shall--
``(A) develop the plan in consultation with other Federal
agencies, State and local education practitioners and policy-
makers, experts in technology and the educational
applications of technology, and providers of technology
services and products;
``(B) transmit the plan to the President and to the
appropriate committees of the Congress; and
``(C) publish the plan in a form that is readily accessible
to the public.
``(b) Contents of the Plan.--The national long-range plan
shall describe the Secretary's activities to promote the
purposes of this subpart, including--
``(1) how the Secretary will encourage the effective use of
technology to provide all students the opportunity to achieve
to challenging State standards, especially through programs
administered by the Department;
``(2) joint activities with other Federal agencies, such as
the National Endowment for the Humanities, the National
Endowment for the Arts, the National Aeronautics and Space
Administration, the National Science Foundation, and the
Departments of Commerce, Energy, Health and Human Services,
and Labor, the National Institute for Literacy, to promote
the use of technology in education, and training and lifelong
learning, including plans for the educational uses of a
national information infrastructure, and to ensure that the
policies and programs of such agencies facilitate the use of
technology for educational purposes to the extent feasible;
``(3) how the Secretary will work with educators, State and
local educational agencies, and appropriate representatives
of the private sector to facilitate the effective use of
technology in education;
``(4) how the Secretary will promote--
``(A) increased access to the benefits of technology for
teaching and learning for schools with high concentrations of
children from low-income families;
``(B) the use of technology to assist in the implementation
of State systemic reform strategies;
``(C) the application of technological advances to use in
education;
``(D) increased opportunities for the professional
development of teachers in the use of new technologies; and
``(E) increased access to high quality adult and family
education services through the use of technology for
instruction and professional development;
``(5) how the Secretary will determine, in consultation
with appropriate individuals, organizations, and agencies,
the feasibility and desirability of establishing guidelines
and protocols to facilitate effective use of technology in
education; and
``(6) the Secretary's long-range measurable goals and
objectives relating to the purposes of this subpart.
``SEC. 2217. FEDERAL LEADERSHIP.
``(a) Program Authorized.--(1) In order to provide Federal
leadership in promoting the use of technology in education,
the Secretary, in consultation with the National Science
Foundation, the Department of Commerce, and other appropriate
Federal agencies, may carry out activities designed to
achieve the purposes of this subpart directly or by awarding
grants (pursuant to a peer review process) to, or entering
into contracts with, State educational agencies, local
educational agencies, institutions of higher education, or
other public and private nonprofit or for-profit agencies and
organizations.
``(2) For the purpose of carrying out coordinated or joint
activities consistent with the purposes of this subpart, the
Secretary may accept funds from, and transfer funds to, other
Federal agencies.
``(b) Uses of Funds.--The Secretary may use funds
appropriated under this subpart for activities designed to
carry out the purpose of this subpart, and to meet the goals
and objectives of the national long-range plan under section
2216, including--
``(1) planning grants to States and local education
agencies, to enable such entities to examine and develop
strategies for the effective use of technology to help
achieve the objectives of the Goals 2000: Educate America
Act, the School-to-Work Opportunities Act of 1994, and the
National Literacy Act;
``(2) development grants to technical assistance providers,
to enable them to improve substantially the services they
offer to educators on the educational uses of technology,
including professional development;
``(3) consulting with representatives of industry,
elementary and secondary education, higher education, adult
and family education, and appropriate experts in technology
and its educational applications in carrying out activities
under this subpart;
``(4) research on, and the development of, guidelines and
protocols to facilitate efficient and effective use of
technology in education;
``(5) research on, and the development of, educational
applications of the most advanced and newly emerging
technologies;
``(6) the development, demonstration, and evaluation of
applications of existing technology in preschool education,
elementary and secondary education, training and lifelong
learning, and professional development of educational
personnel;
``(7) the development and evaluation of software and other
products, including television programming, that incorporate
advances in technology and help achieve the National
Education Goals and challenging State standards;
``(8) the development, demonstration, and evaluation of
model strategies for preparing teachers and other personnel
to use technology effectively to improve teaching and
learning;
``(9) the development of model programs to demonstrate the
educational effectiveness of technology in urban and rural
areas and economically-distressed communities;
``(10) research on, and the evaluation of, the
effectiveness and benefits of technology in education;
``(11) conferences on, and dissemination of information
about, the uses of technology in education;
``(12) the development of model strategies to promote
gender equity concerning access to, and the use of,
technology in the classroom;
``(13) the development, demonstration and evaluation of a
Buddy System Computer Education grant to each of three States
having demonstrated ability or commitment to computer-based
technology education to establish an education program for
students in 6th through 8th grades in which computers are
placed and linked in students' classrooms and homes; and
``(14) such other activities as the Secretary determines
would meet the purposes of this subpart.
``(c) Non-Federal Share.--(1) Subject to paragraph (2), the
Secretary is authorized to require any recipient of a grant
or contract under this subpart to share in the cost of its
project, which share shall be announced through a notice in
the Federal Register and may be in the form of cash or in-
kind contributions, fairly valued.
``(2) The Secretary may increase the non-Federal share
required of such recipient after the first year of the
recipient's project, except that such share may not exceed 50
percent at any time during the recipient's project.
``SEC. 2218. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this subpart, there are
authorized to be appropriated such sums as may be necessary
for each of the fiscal years 1995 through 1999.
[[Page 511]]
``Subpart 3--Star Schools Program
``SEC. 2219. FINDINGS.
The Congress finds that--
``(1) the Star Schools program has helped to encourage the
use of distance learning strategies to serve multi-State
regions primarily by means of satellite and broadcast
television;
``(2) in general, distance learning programs have been used
effectively to provide students in small, rural, and isolated
schools with courses and instruction, such as science and
foreign language instruction, that the local educational
agency would not otherwise have been able to provide; and
``(3) distance learning programs could also be used to--
``(A) provide students of all ages in all types of schools
and educational settings with greater access to high-quality
instruction in the full range of core academic subjects that
would enable them to meet challenging, internationally
competitive, educational standards;
``(B) expand professional development opportunities for
teachers;
``(C) contribute to achievement of the National Education
Goals; and
``(D) expand learning opportunities for everyone.
``SEC. 2220. STATEMENT OF PURPOSE.
``The purpose of this subpart is to encourage the expansion
and use of distance learning programs and technologies to
help--
``(1) improve teaching and learning;
``(2) achieve the National Education Goals;
``(3) all students learn to challenging State content
standards; and
``(4) increase participation in State and local educational
reform.
``SEC. 2221. PROGRAM AUTHORIZED.
``(a) Star School Awards.--The Secretary is authorized, in
accordance with this subpart, to make grants to eligible
entities for the Federal share of the cost of providing
distance learning programs, including--
``(1) developing, constructing, and acquiring
telecommunications facilities and equipment;
``(2) developing and acquiring instructional programming;
and
``(3) providing technical assistance regarding the use of
such facilities and instructional programming.
``(b) Authorization of Appropriations.--For the purpose of
carrying out this subpart, there are authorized to be
appropriated such sums as may be necessary for each of the
fiscal years 1995 through 1999.
``(c) Limitations.--(1) A grant under this section shall
not exceed--
``(A) five years in duration; and
``(B) $10,000,000 in any one fiscal year.
``(2) Not less than 25 percent of the funds available to
the Secretary for any fiscal year under this subpart shall be
used for the cost of instructional programming.
``(3) Not less than 50 percent of the funds available to
the Secretary for any fiscal year under this subpart shall be
used for the cost of facilities, equipment, teacher training
or retraining, technical assistance, or programming, for
local educational agencies that are eligible to receive
assistance under part A of title I of this Act.
``(d) Federal Share.--(1) The Federal share of the cost of
projects funded under this section shall not exceed 75
percent for the first and second years of the award, 60
percent for the third and fourth years, and 50 percent for
the fifth year.
``(2) The Secretary may reduce or waive the requirement of
the non-Federal share under paragraph (1) upon a showing of
financial hardship.
``(e) Authority To Accept Funds From Other Agencies.--The
Secretary is authorized to accept funds from other agencies
to carry out the purposes of this section, including funds
for the purchase of equipment.
``SEC. 2222. ELIGIBLE ENTITIES.
``(a) Eligible Entities.--(1) The Secretary may make a
grant under section 2221 to any eligible entity, provided
that at least one local educational agency is participating
in the proposed project.
``(2) An eligible entity may include--
``(A) a public agency or corporation established for the
purpose of developing and operating telecommunications
networks to enhance educational opportunities provided by
educational institutions, teacher training centers, and other
entities, except that any such agency or corporation shall
represent the interests of elementary and secondary schools
that are eligible to participate in the program under part A
of title I of this Act; or
``(B) any two or more of the following, which will provide
a telecommunications network:
``(i) a local educational agency that has a significant
number of elementary and secondary schools that are eligible
for assistance under part A of title I of this Act, or
elementary and secondary schools operated or funded for
Indian children by the Department of the Interior eligible
under section 1121(b)(1) of this Act;
``(ii) a State educational agency;
``(iii) adult and family education programs;
``(iv) an institution of higher education or a State higher
education agency;
``(v) a teacher training center or academy that--
``(I) provides teacher pre-service and in-service training;
and
``(II) receives Federal financial assistance or has been
approved by a State agency;
``(vi)(I) a public or private entity with experience and
expertise in the planning and operation of a
telecommunications network, including entities involved in
telecommunications through satellite, cable, telephone, or
computer; or
``(II) a public broadcasting entity with such experience;
or
``(vii) a public or private elementary or secondary school.
``SEC. 2223. APPLICATIONS.
``(a) General Requirement.--Each eligible entity that
desires to receive a grant under this subpart shall submit an
application to the Secretary in such form, at such time, and
containing such information and assurances as the Secretary
may require.
``(b) Star School Award Applications.--Each application for
a grant authorized under section 2221 shall--
``(1) describe--
``(A) how the proposed project will assist in achieving the
National Education Goals set out in title I of the Goals
2000: Educate America Act, how it will assist all students to
have an opportunity to learn to challenging State standards,
how it will assist State and local educational reform
efforts, and how it will contribute to creating a high
quality system of lifelong learning;
``(B) the telecommunications facilities and equipment and
technical assistance for which assistance is sought, which
may include--
``(i) the design, development, construction, and
acquisition of district, multidistrict, State, or multistate
educational telecommunications networks and technology
resource centers;
``(ii) microwave, fiber optics, cable, and satellite
transmission equipment, or any combination thereof;
``(iii) reception facilities, satellite time, production
facilities, and other telecommunications equipment capable of
serving the intended geographic area;
``(iv) the provision of training services to instructors
who will be using the facilities and equipment for which
assistance is sought in using such facilities and equipment,
and in integrating programs into the class curriculum; and
``(v) the development of educational and related
programming for use on a telecommunications network;
``(C) the types of programming that will be developed to
enhance instruction and training, including an assurance that
such programming will be designed in consultation with
professionals who are experts in the applicable subject
matter and grade level;
``(D) how the eligible entity has engaged in sufficient
survey and analysis of the area to be served to ensure that
the services offered by the eligible entity will increase the
availability of courses of instruction in English,
mathematics, science, foreign languages, arts, history,
geography, or other disciplines;
``(E) the professional development policies for teachers
and other school personnel to be implemented to ensure the
effective use of the telecommunications facilities and
equipment for which assistance is sought;
``(F) the manner in which historically underserved students
(such as students from low-income families, limited English
proficient students, disabled students, or students who have
low literacy skills) and their families will participate in
the benefits of the telecommunications facilities, equipment,
technical assistance, and programming assisted under this
subpart;
``(G) how existing telecommunications equipment,
facilities, and services, where available, will be used;
``(H) the activities or services for which assistance is
sought, such as--
``(i) providing facilities, equipment, training services,
and technical assistance;
``(ii) making programs accessible to individuals with
disabilities through mechanisms such as closed captioning and
descriptive video services;
``(iii) linking networks around issues of national
importance (such as elections) or to provide information
about employment opportunities, job training, or student and
other social service programs;
``(iv) sharing curriculum materials between networks;
``(v) providing teacher and student support services;
``(vi) incorporating community resources such as libraries
and museums into instructional programs;
``(vii) providing professional development for teachers,
including, as appropriate, training to early childhood
development and Head Start teachers and staff and vocational
education teachers and staff, and adult and family educators;
and
``(viii) providing programs for adults at times other than
the regular school day in order to maximize the use of
telecommunications facilities and equipment; and
``(I) how the proposed project as a whole will be financed
and how arrangements for future financing will be developed
before the project expires;
``(2) provide an assurance that a significant portion of
any facilities, equipment, technical assistance, and
programming for which assistance is sought for elementary and
secondary schools will be made available to schools in local
educational agencies that have a high percentage of children
counted for the purpose of part A of title I of this Act; snf
``(3) provide an assurance that the applicant will provide
such information and cooperate in any evaluation that the
Secretary may conduct under this subpart.
``(c) Priorities.--The Secretary shall, in approving
applications for grants authorized under section 2221, give
priority to applications that--
[[Page 512]]
``(1) propose high-quality plans to assist in achieving one
or more of the National Education Goals as set out in title I
of the Goals 2000: Educate America Act, would provide
instruction consistent with State content standards, or would
otherwise provide significant and specific assistance to
States and local educational agencies undertaking systemic
education reform under title III of the Goals 2000: Educate
America Act;
``(2) would provide servcies to programs serving adults,
especially parents, with low levels of literacy; and
``(3) would serve schools with significant numbers of
children counted for the purposes of part A of title I of
this Act.
``(d) Geographic Distribution.--In approving applications
for grants authorized under section 2221, the Secretary
shall, to the extent feasible, ensure an equitable geographic
distribution of services.
``SEC. 2224. LEADERSHIP AND EVALUATION ACTIVITIES.
``(a) Set-Aside.--From amounts appropriated under section
2221(b), the Secretary may reserve up to 10 percent for
national leadership, evaluation, and peer review activities.
``(b) Method of Funding.--The Secretary may fund the
activities described in subsection (a) directly or through
grants, contracts, and cooperative agreements.
``(c) Uses of Funds.--(1) Funds reserved for leadership
activities may be used for--
``(A) disseminating information, including lists and
descriptions of services available from recipients; and
``(B) other activities designed to enhance the quality of
distance learning activities nationwide.
``(2) Funds reserved for evaluation activities shall be
used to conduct independent evaluations of the Star Schools
program under this subpart and of distance learning in
general, including--
``(A) analyses of distance learning efforts, including both
Star Schools projects and efforts not funded by the program
under this subpart; and
``(B) comparisons of the effects, including student
outcomes, of different technologies in distance learning
efforts.
``(3) Funds reserved for peer review activities may be used
for peer review of both proposals and funded projects.
``SEC. 2225. DEFINITIONS.
``For the purpose of this subpart, the following terms have
the following meanings:
``(1) The term `educational institution' means an
institution of higher education, a local educational agency,
or a State educational agency.
``(2) The term `instructional programming' means courses of
instruction and training courses for elementary and secondary
students, teachers, and others, and materials for use in such
instruction and training that have been prepared in audio and
visual form on tape, disc, film, or live, and presented by
means of telecommunications devices.
``(3) The term `public broadcasting entity' has the same
meaning given that term in section 397 of the Communications
Act of 1934.
``Subpart 4--Development of Educational Technology Products
``SEC. 2226. EDUCATIONAL TECHNOLOGY PRODUCT DEVELOPMENT.
``(a) Purpose.--It is the purpose of this section to
support the development of curriculum-based learning
resources and systems using state-of-the-art technologies and
techniques designed to improve student learning.
``(b) Federal Assistance Authorized.--
``(1) In general.--The Secretary shall provide assistance,
on a competitive basis, to eligible consortia to enable such
entities to develop, produce, and distribute state-of-the-art
technology-enhanced instructional resources and programming
for use in the classroom or to support professional
development for teachers.
``(2) Grants and loans authorized.--In carrying out the
purposes of this section, the Secretary is authorized to pay
the Federal share of the cost of the development, production,
and distribution of state-of-the-art technology enhanced
instructional resources and programming--
``(A) by awarding grants to, or entering into contracts or
cooperative agreements with eligible consortia; or
``(B) by awarding loans to eligible consortia which--
``(i) shall be secured in such manner and be repaid within
such period, not exceeding 20 years, as may be determined by
the Secretary;
``(ii) shall bear interest at a rate determined by the
Secretary which shall be not more than the total of one-
quarter of 1 percent per annum added to the rate of interest
paid by the Secretary on funds obtained from the Secretary of
the Treasury; and
``(iii) may be forgiven by the Secretary, in an amount not
to exceed 25 percent of the total loan, under such terms and
conditions as the Secretary may consider appropriate.
``(3) Federal share.--The Secretary shall require any
recipient of a grant, contract, or loan under this section to
share in the cost of the activities supported with such
assistance.
``(4) Eligible consortium.--For the purpose of this
section, the term `eligible consortium' means a consortium
consisting of--
``(A) State or local educational agencies in partnership
with business, industry, or telecommunications entity;
``(B) a business, industry, or telecommunications entity;
``(C) a public or private nonprofit organization; or
``(D) an institution of higher education.
``(5) Private sector advisory board.--The Secretary shall
establish an advisory board which shall provide advice and
counsel to the Secretary concerning the most effective means
of implementing the provisions of this section. Such board
shall--
``(A) include educators, school administrators, and
policymakers knowledgeable about the technology and
curriculum needs of State and local education agencies, and
adult and family educators;
``(B) include representatives of private for-profit and
nonprofit entities engaged in the production and development
of educational software and other technology-based learning
resources;
``(C) make recommendations to the Secretary concerning the
types and terms of Federal financial assistance which promise
to be most effective in advancing the purposes of this
section; and
``(D) regularly evaluate the implementation of this
section.
``(6) Priorities.--In awarding assistance under this
section, the Secretary shall give priority to applications
describing programs or systems that--
``(A) promote the acquisition of higher-order thinking
skills and promise to raise the achievement levels of all
students, particularly disadvantaged students who are not
realizing their potential;
``(B) are aligned with challenging content standards and
State and local curriculum frameworks;
``(C) may be adapted and applied nationally at a reasonable
cost;
``(D) covert technology resources developed with support
from the Department of Defense and other Federal agencies for
effective use in the classroom;
``(E) promise to reduce the costs of providing high-quality
instruction; and
``(F) promise to expand access to high-quality instruction
in content areas which would otherwise not be available to
students in rural and urban communities or who attend other
educational agencies with limited financial resources.
``(7) Requirements for federal assistance.--Each eligible
consortium desiring Federal assistance under this section
shall submit an application to the Secretary at such time and
in such manner as the Secretary may prescribe. Each
application shall include--
``(A) a description of how the program or system shall
improve the achievement levels of students of all ages;
``(B) a description of how teachers associated with the
program will be trained to integrate technology in the
classroom;
``(C) a description of how the design, development,
piloting, field testing, and distribution of the program or
system will be carried out;
``(D) an assurance that the program or system shall
effectively serve a large number or percentage of
economically disadvantaged students;
``(E) plans for dissemination to a wide audience of
learners; and
``(F) provisions for closed captioning or descriptive video
where appropriate.
``(c) Evaluation.--The Secretary shall provide for the
independent evaluation of programs or systems developed with
assistance under this section and shall regularly collect and
disseminate to State and local educational agencies and to
the public information about the usefulness and effectiveness
of such programs or systems.
``(d) Royalties.--Notwithstanding any other provision of
law, the Secretary is authorized to require that a portion of
any royalty paid as a result of assistance provided under
this section be deposited in a central fund for the purposes
of--
``(1) recovering all or part of the Federal share of the
costs of developing, producing, and distributing the product
for which such royalty is paid; and
``(2) carrying out the provisions of this section.
``(e) Authorization of Appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated $50,000,000 for fiscal year 1995 and such sums
as may be necessary for fiscal years 1996, 1997, 1998, and
1999.
``PART C--LIBRARY MEDIA PROGRAM
``SEC. 2231. ESTABLISHMENT OF PROGRAM.
``The Secretary shall award grants from allocations under
section 2232 to States for the acquisition of school library
media resources for the use of students, library media
specialists, and teachers in elementary and secondary
schools.
``SEC. 2232. ALLOCATION TO STATES.
``From the amount appropriated pursuant to section 2205 in
each fiscal year, the Secretary shall allocate to each State
having an approved plan under section 2233 as follows:
``(1) For appropriations below $50,000,000, at the
discretion of the Secretary, taking into account such factors
as the age and condition of the State's existing library
media collections.
``(2) For appropriations of $50,000,000 and above to each
State an amount which bears the same ratio to such funds as
the amount such State received under section 1122 of title I
bears to the amount all States received under section 1122 in
such year; except that no State shall receive less than one-
half of one percent of such funds.
``SEC. 2233. STATE PLANS.
``(a) In General.--In order for a State to receive an
allocation of funds under section
[[Page 513]]
2232 for any fiscal year, such State shall have in effect for
such fiscal year a State plan. Such plan shall--
``(1) designate the State educational agency as the State
agency responsible for the administration of the program
described in this part;
``(2) set forth a program under which funds paid to the
State from its allocation under section 2202 will be expended
solely for--
``(A) acquisition of school library media resources,
including foreign language resources, for the use of
students, school library media specialists, and teachers in
elementary and secondary schools in the United States; and
``(B) administration of the State plan, including
development and revision of standards, relating to school
library media resources; except that the amount used for
administration of the State plan in any fiscal year shall not
exceed 5 percent of the amount allocated to such State under
section 2232 for such fiscal year; and
``(3) set forth the criteria to be used in allotting funds
for school library media resources among the local
educational agencies of the State, which allotment shall take
into consideration the relative need of the students, school
media specialists, and teachers to be served.
``(b) Plan Submission.--The State plan may be submitted as
part of a consolidated application under section 9302.
``SEC. 2234. DISTRIBUTION OF ALLOCATION TO LOCAL EDUCATIONAL
AGENCIES.
``From the funds allocated to a State under section 2202 in
each fiscal year, such State shall distribute not less than
99 percent of such funds in such year to local educational
agencies within such State according to the relative
enrollment of students in elementary and secondary schools
within the school districts of such State, adjusted to
provide higher per-pupil allotments to local educational
agencies that have the greatest number or percentages of
students whose education imposes a higher than average cost
per child, such as those students--
``(1) living in areas with high concentrations of low-
income families;
``(2) from low-income families; and
``(3) living in sparsely populated areas.
``SEC. 2235. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part $200,000,000 for fiscal year 1995 and such sums as may
be necessary for each of the fiscal years 1996, 1997, 1998,
and 1999.
``PART D--SUPPORT AND ASSISTANCE FOR ESEA PROGRAMS
``SEC. 2341. FINDINGS.
``The Congress finds that--
``(1) high-quality technical assistance can enhance the
improvements in teaching and learning achieved through the
implementation of programs under this Act;
``(2) comprehensive technical assistance and effective
program dissemination are essential ingredients of the
overall strategy of the reauthorization of this Act to
improve programs and to provide all children opportunities to
meet challenging State performance standards;
``(3) States, local educational agencies, tribes, and
schools serving students with special needs, such as students
with limited English proficiency, have great need for
comprehensive technical assistance in order to use funds
under this Act to provide such students with opportunities to
learn to challenging State standards;
``(4) current technical assistance and dissemination
efforts are fragmented and categorical in nature, and thus
fail to address adequately the needs of States and local
educational agencies and tribes for help in integrating into
a coherent strategy for improving teaching and learning the
various programs under this Act with State and local programs
and other education reform efforts;
``(5) too little creative use is made of technology as a
means of providing information and assistance in a cost-
effective way;
``(6) comprehensive technical assistance can help schools
and school systems focus on improving opportunities for all
children to reach challenging State performance standards, as
they implement programs under this Act;
``(7) comprehensive technical assistance would provide
coordinated assistance to help States, local educational
agencies, tribes, participating colleges and universities,
and schools integrate Federal, State, and local education
programs in ways that contribute to improving schools and
entire school systems;
``(8) technical assistance in support of programs under
this Act should be coordinated with the Department's regional
offices, the regional educational laboratories, State
Literacy Resource Centers, vocational resource centers, and
other technical assistance efforts supported by the
Department;
``(9) technical assistance providers should prioritize
assistance to local educational agencies and schools; and
``(10) technical assistance should both encourage the
integration of categorical programs and ensure that students
with special needs, such as limited English proficiency
students, are served fully.
``SEC. 2342. PURPOSE.
``The purpose of this part is to create a national
technical assistance and dissemination system to make
available to States, local educational agencies, tribes,
schools, and other recipients of funds under this Act
technical assistance in--
``(1) implementing programs authorized by this Act in a
manner that improves teaching and learning for all students;
``(2) coordinating those programs with other Federal,
State, and local education plans and activities, so that all
students are provided opportunities to meet challenging State
performance standards, in particular students at risk of
educational failure; and
``(3) adopting, adapting, and implementing promising and
proven practices for improving teaching and learning.
``SEC. 2343. PROGRAMS AUTHORIZED.
``(a) Comprehensive Assistance Centers.--The Secretary is
authorized to award grants or enter into contracts with
public or private nonprofit entities or consortia to
establish a networked system of 15 centers to provide
comprehensive research-based training and technical
assistance to States, local educational agencies, schools,
tribes, community-based organizations, and other recipients
of funds under this Act in their administration and
implementation of programs authorized by this Act. In
establishing centers and allocating resources among the
centers, the Secretary shall consider the geographic
distribution of title I students; the geographic and
linguistic distribution of students of limited English
proficiency; the geographic distribution of Indian students;
the special needs of students living in rural areas; and the
special needs of States and territories in geographic
isolation.
``(b) State-Based Assistance.--The Secretary is authorized
to award grants or enter into contracts with public and
private nonprofit entities to establish an assistance agency
in each State and territory and in the Bureau of Indian
Affairs. This program shall be called the National Diffusion
Network and will assist States, local educational agencies,
schools, and other appropriate educational entities in
identifying and securing appropriate, high-quality technical
assistance, provide information on and assistance in adopting
effective programs and practices, and work cooperatively with
the Comprehensive Assistance Centers to improve teaching and
learning and raise standards for all students.
``(c) Accountability.--To ensure the quality and
effectiveness of the technical assistance system supported
under this part, the Secretary shall--
``(1) provide for an external peer review (including
representatives of the populations served under this Act) of
the centers under this part every 2 years;
``(2) develop, in consultation with the Assistant Secretary
for Elementary and Secondary Education, the Director of
Bilingual Education and Minority Languages Affairs, and the
Assistant Secretary for Educational Research and Improvement,
a set of performance indicators, for use during the peer
reviews required by paragraph (1), that assesses whether the
work of the centers assists in improving teaching and
learning under this Act for all children, in particular
children at risk of educational failure;
``(3) require each center to publish, and disseminate
widely throughout its region, an annual report on its
services and accomplishments and how those services and
accomplishments relate to the performance indicators
developed under paragraph (2);
``(4) conduct periodic surveys of users of the centers'
services to determine if users are satisfied with the access
to and quality of such services;
``(5) collect, as part of the Department's reviews of
programs under this Act, information about the availability
and quality of services provided by the centers, and share
that information with the centers;
``(6) take whatever steps are reasonable and necessary to
ensure that each center performs its responsibilities in a
satisfactory manner, which may include termination of an
award under this part (if the Secretary concludes that
performance has been unsatisfactory) and the selection of a
new center, as well as whatever interim arrangements the
Secretary determines are necessary to ensure the satisfactory
delivery of services under this part to the affected region;
and
``(7) provide for an independent evaluation of the
comprehensive assistance centers and the National Diffusion
Network authorized by this part and report the results of
that evaluation to Congress prior to the next reauthorization
of this Act.
``(d) Contract Period.--Grants or contracts awarded under
this section shall be awarded for a period of 5 years
following the extension of contracts and grants under section
2346(d).
``SEC. 2344. REQUIREMENTS OF COMPREHENSIVE ASSISTANCE
CENTERS.
``Each comprehensive assistance center established under
section 2343(a)--
``(1) shall maintain staff expertise in at least all of the
following areas:
``(A) Instruction, curriculum improvement, assessment,
school reform, and other aspects of title I of this Act.
``(B) Meeting the needs of children served under this Act,
including children in high-poverty areas, migratory children,
immigrant children, children with limited English
proficiency, neglected or delinquent children, homeless
children and youth, Indian children, and children with
disabilities and where applicable, Alaskan Native children
and Native Hawaiian children.
``(C) Professional development for teachers, other school
staff, and administrators to help students meet challenging
State performance standards.
``(D) Bilingual education, including programs that
emphasize English and native language proficiency and promote
multicultural understanding.
[[Page 514]]
``(E) Safe and drug-free schools.
``(F) Educational applications of technology.
``(G) Parent involvement and participation.
``(H) The reform of schools and school systems.
``(I) Program evaluation.
``(J) Coordination of services.
``(K) School governance and management.
``(L) Partnerships between the public and private sector,
including the formation of partnerships between schools and
businesses;
``(2) shall ensure, where appropriate, staff expertise in
the special needs of students living in rural areas and in
the special needs of local education agencies serving rural
areas;
``(3) shall ensure that technical assistance staff have
sufficient training, knowledge, and expertise in how to
integrate and coordinate programs under this Act with each
other, as well as with other Federal, State, and local
programs and reforms, and reflect the diverse linguistic and
cultural expertise appropriate to the region served;
``(4) shall provide technical assistance using the highest
quality and most cost-effective strategies possible;
``(5) shall coordinate services, work cooperatively, and
regularly share information with the regional education
laboratories, the Eisenhower Regional Math and Science
consortia, research and development centers, State literacy
centers, and other entities engaged in research, development,
dissemination, and technical assistance activities which are
supported by the Department of Education as part of a Federal
technical assistance system, to provide a broad range of
support services to schools in the region while minimizing
the duplication of such services; and
``(6) shall provide services to States, local educational
agencies, tribes, and schools through or in coordination with
the State Facilitators of the National Diffusion Network as
authorized in section 2343(b) in order to better implement
the purposes of this section and provide the support and
assistance diffusion agents need to carry out their mission
effectively.
``SEC. 2345. DUTIES OF COMPREHENSIVE ASSISTANCE CENTERS.
``(a) In General.--Each center established under section
2343(a) shall provide comprehensive, integrated technical
assistance services focused on improving teaching and
learning.
``(b) Support and Assistance.--Comprehensive centers shall
provide support and assistance to State educational agencies,
tribal divisions of education, local educational agencies,
schools, and other grant recipients under this Act in--
``(1) the development of plans for integrating programs
under this Act with other Federal programs and with State,
local and tribal reform efforts;
``(2) the development, selection, and use of challenging,
high-quality curricula aligned with high standards and
assessments;
``(3) the identification, adaptation, or development of
instructional strategies and materials which meet the needs
of children receiving assistance under this Act;
``(4) the development of valid, reliable, and
nondiscriminatory systems of assessment which reflect recent
advances in the field of education assessment;
``(5) the development, selection, and implementation of
effective schoolwide projects;
``(6) improving the capacity of educators, school
administrators, counselors, and other school personnel to
assist students to reach challenging standards, especially
those students furthest from such standards, through the
expansion and strengthening of professional development
activities;
``(7) expanding and improving opportunities for parents to
participate in the education of their children at home and at
school;
``(8) creating safe and drug-free environments, especially
in areas experiencing high levels of drug use and violence in
the community and schools;
``(9) the coordination of services and programs to meet the
needs of students so that they can fully participate in the
educational program of the school;
``(10) the evaluation of educational programs;
``(11) educational applications of technology, when
appropriate, in coordination with the regional mathematics
and science education consortia;
``(12) reforming the governance and management of schools;
and
``(13) establishing public/private education partnerships,
including school/business partnerships.
``(c) Additional Duties.--Additional duties include--
``(1) assisting States, local educational agencies, tribal
divisions of education, and schools in replicating and
adapting exemplary and promising educational programs,
policies, and practices through or in coordination with the
National Diffusion Network State Facilitator;
``(2) assisting State educational agencies and local
educational agencies to develop school support teams to work
with schoolwide programs under title I of this Act; and
``(3) assisting State educational agencies, local
educational agencies, and the National Diffusion Network
State Facilitators to increase their capacity to provide
high-quality technical assistance in support of programs
under this Act.
``SEC. 2346. SERVICE AND APPLICATION REQUIREMENTS.
``(a) Maintenance of Service.--The Secretary shall ensure
that the comprehensive assistance centers funded under this
part provide technical assistance services that address the
needs of bilingual, migrant, immigrant, and Indian students
that are at least comparable to the level of such technical
assistance services provided under programs administered by
the Secretary prior to the date of the enactment of the
Improving America's Schools Act of 1994.
``(b) Minimum Funds.--
``(1) Maintenance of effort.--In awarding grants or
contracts for comprehensive assistance centers, the Secretary
shall ensure that the proportion of funds used to provide
services that address the needs of limited-English-
proficient, immigrant, and migrant students shall be no less
than the proportion of funds expended under grants or
contracts expiring in fiscal year 1995 for categorical
technical assistance centers serving limited-English-
proficient and migrant students.
``(2) Indian students.--In awarding grants or contracts for
comprehensive assistance centers, the Secretary shall ensure
that the proportion of funds used to provide services that
address the need of Indian students through the comprehensive
centers established in section 2343(a) shall be no less than
the proportion of funds expended under grants or contracts
expiring in fiscal year 1995 for technical assistance centers
serving Indian students.
``(c) Application.--Applications for funds under subsection
(a)(2) shall include how centers will--
``(1) provide expertise in the areas listed in section
2344(l);
``(2) work with the National Diffusion Network authorized
in section 2343(b) to conduct outreach to local educational
agencies prioritized in section 2348;
``(3) demonstrate support from States and local educational
agencies and tribes in the area to be served;
``(4) ensure a fair distribution of services to urban and
rural areas;
``(5) utilize technology to provide technical assistance;
and
``(6) provide other information the Secretary may require.
In approving applications to comprehensive centers serving
Indian students, the Secretary shall give priority to
applications from consortia that include Indian educational
agencies, organizations, or institutions.
``(d) Transition.--The Secretary shall, notwithstanding any
other provision of law, use funds appropriated under section
2351 to extend or continue existing contracts and grants for
categorical technical assistance centers and for National
Diffusion Network State Facilitator and Developer
Demonstrators through fiscal year 1995 and take other
necessary steps to ensure a smooth transition of this part.
``SEC. 2347. STATE-BASED ACTIVITIES.
``(a) Purposes.--The Secretary shall establish a State-
based outreach, dissemination, training, and consultation
component of the National Technical Assistance and
Dissemination System through the National Diffusion Network
and its State Facilitators.
``(b) In General.--The Department of Education, through the
Office of Educational Research and Improvement shall award
grants or enter into contracts with public or private
nonprofit educational organizations or institutions in each
State with demonstrated experience, expertise, and commitment
in the areas of applied education research and program
dissemination to carry out activities described in subsection
(c).
``(c) National Diffusion Network State Facilitators.--
National Diffusion Network State Facilitators shall work in
coordination with the comprehensive assistance centers to
assist State educational agencies, local educational
agencies, tribal divisions of education, schools, family and
adult literacy programs, and other appropriate educational
entities to--
``(1) define their technical assistance needs and align
them with school reform, professional development, and
technology plans;
``(2) secure the technical assistance services that can
best fulfill their needs by utilizing Department of Education
technical assistance centers, regional education
laboratories, Eisenhower Regional consortia, State Literacy
Resource Centers, and other technical assistance providers
including local providers of professional development
services;
``(3) identify educational technology needs and secure the
necessary technical assistance to address them;
``(4) prepare for on-site, intensive technical assistance
provided by the comprehensive centers, labs, or other service
providers;
``(5) utilize technology, including regional and national
electronic networks, to increase their access to technical
assistance, professional development services, and
dissemination of exemplary practices and materials;
``(6) deliver high-quality professional development
services to their school-based educators; and
``(7) provide organizational development services to
facilitate school-based change.
``(d) Additional Duties.--In addition, National Diffusion
Network State Facilitators shall--
``(1) disseminate information about school reform and
effective and promising practices and help local educational
agencies and schools adapt them to their needs;
``(2) facilitate communications between educators to assist
the sharing of promising
[[Page 515]]
practices and to foster school reform and professional
development;
``(3) coordinate their activities with school support teams
and distinguished educators in their State;
``(4) coordinate, work cooperatively with, and regularly
share information with the comprehensive centers, the
Regional Education Laboratories, and other entities engaged
in research, development, dissemination, and technical
assistance activities which are supported by the Department
of Education;
``(5) develop and implement an aggressive outreach plan for
reaching the local educational agencies and schools
identified as priorities in section 2308; and
``(6) provide technical, dissemination, and support
assistance to States, local educational agencies, and schools
using the highest quality and most cost-effective methods
available.
``(e) National Diffusion Network Effective Practices.--The
Secretary shall develop a system of validating effective
programs and promising practices for dissemination through
the National Diffusion Network. Such programs may include
exemplary programs funded through any office of the
Department of Education, the National Science Foundation, or
other Federal agencies. Such a system should be coordinated,
aligned with, and administered by the Office of Educational
Research and Improvement Office of Reform Assistance and
Dissemination. The Secretary shall give priority to
identifying, validating, and disseminating effective
schoolwide projects, programs addressing the needs of high
poverty schools, and programs with the capacity to offer
high-quality, sustained technical assistance. The Office of
Educational Research and Improvement Office of Reform
Assistance and Dissemination shall also administer a grants
program to such validated Effective Practices for the purpose
of dissemination and the provision of technical assistance.
``SEC. 2348. PROGRAM PRIORITIES.
``Both the comprehensive centers and the National Diffusion
Network shall give priority service to schoolwide projects
and to local educational agencies, and Bureau of Indian
Affairs schools with the highest percentage or numbers of
poor children.
``SEC. 2349. TECHNOLOGY-BASED TECHNICAL ASSISTANCE.
``The Secretary is also authorized to provide a technology-
based technical assistance service that will--
``(1) support the administration and implementation of
programs authorized by this Act by providing information,
including legal and regulatory information, and technical
guidance and information about best practices; and
``(2) be accessible to all States, local educational
agencies, schools, and others who are recipients of funds
under this Act.
``SEC. 2350. ADMINISTRATION.
``The program authorized by this part shall be jointly
administered by the Assistant Secretary for Elementary and
Secondary Education, the Director of Bilingual Education and
Minority Languages Affairs, and the Assistant Secretary for
Educational Research and Improvement.
``SEC. 2351. AUTHORIZATION OF APPROPRIATIONS.
``For the purposes of carrying out this part, there are
authorized to be appropriated $70,000,000 for fiscal year
1995 and such sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999. Of the funds appropriated
under this part, not less than $25,000,000 shall be made
available to support activities of the National Diffusion
Network authorized in section 2343(b).
``PART E--INNOVATIVE EDUCATION PROGRAM STRATEGIES
``SEC. 2401. FINDINGS AND STATEMENT OF PURPOSE.
``(a) Findings.--The Congress finds that chapter 2 of the
Education Consolidation and Improvement Act of 1981 has been
successful in achieving the goals of increasing local
flexibility, reducing administrative burden, providing
services for private school students, encouraging innovation,
and contributing to the improvement of elementary and
secondary educational programs.
``(b) Statement of Purpose.--It is the purpose of programs
under this part:
``(1) To support local education reform efforts which are
consistent with and support statewide reform efforts under
Goals 2000: Educate America Act.
``(2) To support State and local efforts to accomplish the
National Education Goals.
``(3) To provide funding to enable State and local
educational agencies to implement promising educational
reform programs that can be supported by State and local
sources of funding after such programs are demonstrated to be
effective.
``(4) To provide a continuing source of innovation,
educational improvement, and support for library services and
instructional materials, including media materials.
``(5) To meet the special educational needs of at risk and
high cost students.
``(c) State and Local Responsibility.--The basic
responsibility for the administration of funds made available
under this part is within the State educational agencies, but
it is the intent of Congress that the responsibility be
carried out with a minimum of paperwork and that the
responsibility for the design and implementation of programs
assisted under this part will be mainly that of local
educational agencies, school superintendents and principals,
and classroom teachers and supporting personnel, because they
have the most direct contact with students and are most
likely to be able to design programs to meet the educational
needs of students in their own districts.
``SEC. 2402. AUTHORIZATION OF APPROPRIATIONS; DURATION OF
ASSISTANCE.
``(a) Authorization.--To carry out the purposes of this
part, there are authorized to be appropriated $435,000,000
for fiscal year 1995 and such sums in each of the fiscal
years 1996 through 1999.
``(b) Duration of Assistance.--During the period beginning
October 1, 1994, and ending September 30, 1999, the Secretary
shall, in accordance with the provisions of this part, make
payments to State educational agencies for the purpose of
this section.
``SEC. 2403. DEFINITION.
``For the purposes of this part the term `effective schools
programs' means school-based programs that may encompass
preschool through secondary school levels and that have the
objectives of (1) promoting school-level planning,
instructional improvement, and staff development, (2)
increasing the academic achievement levels of all children
and particularly educationally deprived children, and (3)
achieving as ongoing conditions in the school the following
factors identified through effective schools research as
distinguishing effective from ineffective schools:
``(A) Strong and effective administrative and instructional
leadership that creates consensus on instructional goals and
organizational capacity for instructional problem solving.
``(B) Emphasis on the acquisition of basic and higher order
skills.
``(C) A safe and orderly school environment that allows
teachers and pupils to focus their energies on academic
achievement.
``(D) A climate of expectation that virtually all children
can learn under appropriate conditions.
``(E) Continuous assessment of students and programs to
evaluate the effects of instruction.
``Subpart 1--State and Local Programs
``SEC. 2411. ALLOTMENT TO STATES.
``(a) Reservations.--From the sums appropriated to carry
out this subpart in any fiscal year, the Secretary shall
reserve not to exceed 1 percent for payments to Guam,
American Samoa, the Virgin Islands, the Northern Mariana
Islands, and Palau (until the effective date of the Compact
of Free Association with the Government of Palau), to be
allotted in accordance with their respective needs.
``(b) Allotment.--From the remainder of such sums the
Secretary shall allot to each State an amount which bears the
same ratio to the amount of such remainder as the school-age
population of the State bears to the school-age population of
all States, except that no State shall receive less than an
amount equal to one-half of 1 percent of such remainder.
``(c) Definitions.--For purposes of this subpart--
``(1) The term `school-age population' means the population
aged 5 through 17.
``(2) The term `States' includes the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
``SEC. 2412. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.
``(a) Distribution Rule.--From the sums made available each
year to carry out this part, the State educational agency
shall distribute not less than 85 percent to local
educational agencies within such State according to the
relative enrollments in public and private, nonprofit schools
within the school districts of such agencies, adjusted, in
accordance with criteria approved by the Secretary, to
provide higher per pupil allocations to local educational
agencies which have the greatest numbers or percentages of
children whose education imposes a higher than average cost
per child, such as--
``(1) children living in areas with high concentrations of
low-income families,
``(2) children from low-income families, and
``(3) children living in sparsely populated areas.
``(b) Calculation of Enrollments.--(1) The calculation of
relative enrollments under subsection (a) shall be on the
basis of the total of--
``(A) the number of children enrolled in public schools,
and
``(B) the number of children enrolled in private nonprofit
schools that desire that their children participate in
programs or projects assisted under this part, for the fiscal
year preceding the fiscal year in which the determination is
made. Nothing in this subsection shall diminish the
responsibility of local educational agencies to contact, on
an annual basis, appropriate officials from private nonprofit
schools within the areas served by such agencies in order to
determine whether such schools desire that their children
participate in programs assisted under this part.
``(2)(A) Relative enrollments under subsection (a) shall be
adjusted, in accordance with criteria approved by the
Secretary under subparagraph (B), to provide higher per pupil
allocations only to local educational agencies which serve
the greatest numbers or percentages of--
``(i) children living in areas with high concentrations of
low-income families,
``(ii) children from low-income families, or
``(iii) children living in sparsely populated areas.
``(B) The Secretary shall review criteria submitted by a
State educational agency for
[[Page 516]]
adjusting allocations under paragraph (1) and shall approve
such criteria only if the Secretary determines that such
criteria are reasonably calculated to produce an adjusted
allocation that reflects the relative needs within the
State's local educational agencies based on the factors set
forth in subparagraph (A).
``(c) Payment of Allocations.--
``(1) From the funds paid to it pursuant to section 2402
for a fiscal year, a State educational agency shall
distribute to each eligible local educational agency which
has submitted an application as required in section 2423 the
amount of its allocation as determined under subsection (a).
``(2)(A) Additional funds resulting from higher per pupil
allocations provided to a local educational agency on the
basis of adjusted enrollments of children described in
subsection (a), may, at the discretion of the local
educational agency, be allocated for expenditures to provide
services for children enrolled in public and private
nonprofit schools in direct proportion to the number of
children described in subsection (a) and enrolled in such
schools within the local educational agency.
``(B) In any fiscal year, any local educational agency that
elects to allocate such additional funds in the manner
described in subparagraph (A) shall allocate all additional
funds to schools within the local educational agency in such
manner.
``(C) The provisions of subparagraphs (A) and (B) may not
be construed to require any school to limit the use of such
additional funds to the provision of services to specific
students or categories of students.
``Subpart 2--State Programs
``SEC. 2421. STATE USES OF FUNDS.
``(a) Authorized Activities.--A State educational agency
may use funds reserved for State use under this section only
for--
``(1) State administration of programs under this section
including--
``(A) supervision of the allocation of funds to local
educational agencies;
``(B) planning, supervision, and processing of State funds;
and
``(C) monitoring and evaluation of programs and activities
under this part; and
``(2) technical assistance and direct grants to local
educational agencies and statewide education reform
activities including effective schools programs which assist
local educational agencies to provide targeted assistance.
``(b) Limitations and Requirements.--Not more than 25
percent of funds available for State programs under this part
in any fiscal year may be used for State administration under
subsection (a)(1).
``SEC. 2423. STATE APPLICATIONS.
``(a) Application Requirements.--Any State which desires to
receive a grant under this subpart shall submit to the
Secretary an application which--
``(1) designates the State educational agency as the State
agency responsible for administration and supervision of
programs assisted under this part;
``(2)(A) provides for an annual submission of data on the
use of funds, the types of services furnished, and the
students served under this section; and
``(B) in fiscal year 1998 provides for an evaluation of the
effectiveness of programs assisted under this subpart;
``(3) sets forth the allocation of such funds required to
implement section 2452;
``(4) provides that the State educational agency will keep
such records and provide such information to the Secretary as
may be required for fiscal audit and program evaluation
(consistent with the responsibilities of the Secretary under
this section);
``(5) provides assurance that, apart from technical and
advisory assistance and monitoring compliance with this part,
the State educational agency has not exercised and will not
exercise any influence in the decision making processes of
local educational agencies as to the expenditure made
pursuant to an application under section 2433; and
``(6) contain assurances that there is compliance with the
specific requirements of this part.
``(b) Period of Application.--An application filed by the
State under subsection (a) shall be for a period not to
exceed 3 years, and may be amended annually as may be
necessary to reflect changes without filing a new
application.
``(c) Audit Rule.--Notwithstanding section 1745 of the
Omnibus Budget Reconciliation Act of 1981, local educational
agencies receiving less than an average of $5,000 each under
this section need not be audited more frequently than once
every 5 years.
``Subpart 3--Local Targeted Assistance Programs
``SEC. 2431. TARGETED USE OF FUNDS.
``(a) General Rule.--Funds allocated for use under this
subpart shall be used by local educational agencies for
targeted assistance described in subsection (b).
``(b) Targeted Assistance.--The targeted assistance
programs referred to in subsection (a) include--
``(1) technology related to the implementation of school-
based reform programs, including professional development to
assist teachers and other school officials regarding how to
use effectively such equipment and software;
``(2) instructional and educational materials, assessments,
and library services and materials (including media
materials) tied to high academic standards and which are part
of an overall education reform program;
``(3) promising education reform projects, including
effective schools and 21st Century Learning Center school
projects in accordance with subpart 4; and
``(4) computer hardware and software purchased under this
section should be used only for instructional purposes.
``SEC. 2432. ADMINISTRATIVE AUTHORITY.
``In order to conduct the activities authorized by this
part, each State or local educational agency may use funds
reserved for this part to make grants to and to enter into
contracts with local educational agencies, institutions of
higher education, libraries, museums, and other public and
private nonprofit agencies, organizations, and institutions.
``SEC. 2433. LOCAL APPLICATIONS.
``(a) Contents of Application.--A local educational agency
or consortia of local educational agencies may receive an
allocation of funds under this subpart for any year for which
an application is submitted to the State educational agency
and such application is certified to meet the requirements of
this section. The State educational agency shall certify any
such application if such application--
``(1)(A) sets forth the planned allocation of funds among
targeted assistance programs described in section 2431 of
this part and describes the programs, projects and activities
designed to carry out such targeted assistance which it
intends to support, together with the reasons for selection
of such programs, projects and activities; and
``(B) sets forth the allocation of such funds required to
implement section 2452;
``(2) describes how assistance under this section will
contribute to meeting the National Education Goals and
improving student achievement or improving the quality of
education for students;
``(3) provide assurances of compliance with the provisions
of this part, including the participation of children
enrolled in private, nonprofit schools in accordance with
section 2452;
``(4) agrees to keep such records, and provide such
information to the State educational agency as may reasonably
be required for fiscal audit and program evaluation,
concession with the responsibilities of the State agency
under this part; and
``(5) provides in the allocation of funds for the
assistance authorized by this part, and in the design,
planning and implementation of such programs, for systematic
consultation with parents of children attending elementary
and secondary schools in the area served by the local
educational agency, with teachers and administrative
personnel in such schools, and with other groups involved in
the implementation of this section (such as librarians,
school counselors, and other pupil services personnel) as may
be considered appropriate by the local educational agency.
``(b) Period of Application.--An application filed by a
local educational agency under subsection (a) shall be for a
period not to exceed 3 fiscal years, may provide for the
allocation of funds to programs for a period of 3 years, and
may be amended annually as may be necessary to reflect
changes without filing a new application.
``(c) Local Educational Agency Discretion.--Subject to the
limitations and requirements of this part, a local
educational agency shall have complete discretion in
determining how funds under this subpart shall be divided
among the areas of targeted assistance. In exercising such
discretion, a local educational agency shall ensure that
expenditures under this subpart carry out the purposes of
this subpart and are used to meet the educational needs
within the schools of such local educational agency.
``Subpart 4--General Administrative Provisions
``SEC. 2441. MAINTENANCE OF EFFORT; FEDERAL FUNDS
SUPPLEMENTARY.
``(a) Maintenance of Effort.--(1) Except as provided in
paragraph (2), a State is entitled to receive its full
allocation of funds under this part for any fiscal year if
the Secretary finds that either the combined fiscal effort
per student or the aggregate expenditures within the State
with respect to the provision of free public education for
the preceding fiscal year was not less than 90 percent of
such combined fiscal effort or aggregate expenditures for the
second preceding fiscal year.
``(2) The Secretary shall reduce the amount of the
allocation of funds under this part in any fiscal year in the
exact proportion to which the State fails to meet the
requirements of paragraph (1) by falling below 90 percent of
both the fiscal effort per student and aggregate expenditures
(using the measure most favorable to the State), and no such
lesser amount shall be used for computing the effort required
under paragraph (1) for subsequent years.
``(3) The Secretary may waive, for 1 fiscal year only, the
requirements of this subsection if the Secretary determines
that such a waiver would be equitable due to exceptional or
uncontrollable circumstances such as a natural disaster or a
precipitous and unforeseen decline in the financial resources
of the State.
``(b) Federal Funds Supplementary.--A State or local
educational agency may use and allocate funds received under
this part only so as to supplement and, to the extent
practical, increase the level of funds that would, in the
absence of Federal funds made available under this part, be
made available from non-Federal sources, and in no case
[[Page 517]]
may such funds be used so as to supplant funds from non-
Federal sources.
``SEC. 2442. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE
SCHOOLS.
``(a) Participation on Equitable Basis.--(1) To the extent
consistent with the number of children in the school district
of a local educational agency which is eligible to receive
funds under this part or which serves the area in which a
program or project assisted under this part is located who
are enrolled in private nonprofit elementary and secondary
schools, or with respect to instructional or personnel
training programs funded by the State educational agency from
funds reserved for State use, such agency, after consultation
with appropriate private school officials, shall provide for
the benefit of such children in such schools secular,
neutral, and nonideological services, materials, and
equipment, including the participation of the teachers of
such children (and other educational personnel serving such
children) in training programs, and the repair, minor
remodeling, or construction of public facilities as may be
necessary for their provision (consistent with subsection (c)
of this section), or, if such services, materials, and
equipment are not feasible or necessary in one or more such
private schools as determined by the local educational agency
after consultation with the appropriate private school
officials, shall provide such other arrangements as will
assure equitable participation of such children in the
purposes and benefits of this part.
``(2) If no program or project is carried out under
subsection (a)(1) of this section in the school district of a
local educational agency, the State educational agency shall
make arrangements, such as through contracts with nonprofit
agencies or organizations, under which children in private
schools in that district are provided with services and
materials to the extent that would have occurred if the local
educational agency had received funds under this part.
``(3) The requirements of this section relating to the
participation of children, teachers, and other personnel
serving such children shall apply to programs and projects
carried out under this part by a State or local educational
agency, whether directly or through grants to or contracts
with other public or private agencies, institutions, or
organizations.
``(b) Equal Expenditures.--Expenditures for programs
pursuant to subsection (a) shall be equal (consistent with
the number of children to be served) to expenditures for
programs under this part for children enrolled in the public
schools of the local educational agency, taking into account
the needs of the individual children and other factors which
relate to such expenditures, and when funds available to a
local educational agency under this part are used to
concentrate programs or projects on a particular group,
attendance area, or grade or age level, children enrolled in
private schools who are included within the group, attendance
area, or grade or age level selected for such concentration
shall, after consultation with the appropriate private school
officials, be assured equitable participation in the purposes
and benefits of such programs or projects.
``(c) Funds.--(1) The control of funds provided under this
part, and title to materials, equipment, and property
repaired, remodeled, or constructed therewith, shall be in a
public agency for the uses and purposes provided in this
part, and a public agency shall administer such funds and
property.
``(2) The provision of services pursuant to this section
shall be provided by employees of a public agency or through
contract by such public agency with a person, an association,
agency, or corporation who or which, in the provision of such
services, is independent of such private school and of any
religious organizations, and such employment or contract
shall be under the control and supervision of such public
agency, and the funds provided under this part shall not be
commingled with State or local funds.
``(d) State Prohibition Waiver.--If by reason of any
provision of law a State or local educational agency is
prohibited from providing for the participation in programs
of children enrolled in private elementary and secondary
schools, as required by this section, the Secretary shall
waive such requirements and shall arrange for the provision
of services to such children through arrangements which shall
be subject to the requirements of this section.
``(e) Waiver and Provision of Services.--(1) If the
Secretary determines that a State or a local educational
agency has substantially failed or is unwilling to provide
for the participation on an equitable basis of children
enrolled in private elementary and secondary schools as
required by this section, the Secretary may waive such
requirements and shall arrange for the provision of services
to such children through arrangements which shall be subject
to the requirements of this section.
``(2) Pending final resolution of any investigation or
complaint that could result in a determination under this
subsection or subsection (d), the Secretary may withhold from
the allocation of the affected State or local educational
agency the amount estimated by the Secretary to be necessary
to pay the cost of those services.
``(f) Determination.--Any determination by the Secretary
under this section shall continue in effect until the
Secretary determines that there will no longer be any failure
or inability on the part of the State or local educational
agency to meet the requirements of subsections (a) and (b).
``(g) Payment From State Allotment.--When the Secretary
arranges for services pursuant to this section, the Secretary
shall, after consultation with the appropriate public and
private school officials, pay the cost of such services,
including the administrative costs of arranging for those
services, from the appropriate allotment of the State under
this part.
``(h) Review.--(1) The Secretary shall not take any final
action under this section until the State educational agency
and the local educational agency affected by such action have
had an opportunity, for at least 45 days after receiving
written notice thereof, to submit written objections and to
appear before the Secretary or the Secretary's designee to
show cause why that action should not be taken.
``(2) If a State or local educational agency is
dissatisfied with the Secretary's final action after a
proceeding under paragraph (1) of this subsection, it may,
within 60 days after notice of such action, file with the
United States court of appeals for the circuit in which such
State is located a petition for review of that action. A copy
of the petition shall be forthwith transmitted by the clerk
of the court to the Secretary. The Secretary thereupon shall
file in the court the record of the proceedings on which the
Secretary based this action, as provided in section 2112 of
title 28, United States Code.
``(3) The findings of fact by the Secretary, if supported
by substantial evidence, shall be conclusive; but the court,
for good cause shown, may remand the case to the Secretary to
take further evidence and the Secretary may thereupon make
new or modified findings of fact and may modify the
Secretary's previous action, and shall file in the court the
record of the further proceedings. Such new or modified
findings of fact shall
likewise be conclusive if supported by substantial evidence.
``(4) Upon the filing of such petition, the court shall
have jurisdiction to affirm the action of the Secretary or to
set it aside, in whole or in part. The judgment of the court
shall be subject to review by the Supreme Court of the United
States upon certiorari or certification as provided in
section 1254 of title 28, United States Code.
``(i) Prior Determination.--Any bypass determination by the
Secretary under chapter 2 of the Education Consolidation and
Improvement Act of 1981 shall, to the extent consistent with
the purposes of this chapter, apply to programs under this
chapter.
``SEC. 2443. EVALUATIONS AND REPORTING.
``(a) Local Educational Agencies.--A local educational
agency which receives financial assistance under this part
shall report annually to the State educational agency on the
use of funds under section 2431. Such reporting shall be
carried out in a manner which minimizes the amount of
paperwork required while providing the State educational
agency with the necessary information under the preceding
sentence. Such report shall be made available to the public.
``(b) State Educational Agencies.--A State educational
agency which receives financial assistance under this part
shall evaluate the effectiveness of State and local programs
under this part in accordance with section 2423(a)(2)(B).
That evaluation shall be submitted for review and comment by
the State advisory committee and shall be made available to
the public. The State educational agency shall submit to the
Secretary a copy of the evaluation and a summary of the
reports under subsection (a).
``(c) Reports.--(1) The Secretary, in consultation with
State and local educational agency representatives, shall
develop a model system which State educational agencies may
use for data collection and reporting under this part.
``(2)(A) The Secretary shall submit annually a report to
the Congress for the use of funds, the types of services
furnished, and the students served under this part.
``(B) The Secretary shall not later than October 1, 1998,
submit a report to the Congress summarizing evaluations under
subsection (b) in order to provide a national overview of the
uses of funds and effectiveness of programs under this part.
``SEC. 2444. FEDERAL ADMINISTRATION.
``(a) Technical Assistance.--The Secretary, upon request,
shall provide technical assistance to State and local
educational agencies under this part.
``(b) Rulemaking.--The Secretary shall issue regulations
under this part only to the extent that such regulations are
necessary to ensure that there is compliance with the
specific requirements and assurances required by this part.
``(c) Availability of Appropriations.--Notwithstanding any
other provision of law, unless expressly in limitation of
this subsection, funds appropriated in any fiscal year to
carry out activities under this part shall become available
for obligation on July 1 of such fiscal year and shall remain
available for obligation until the end of the subsequent
fiscal year.
``SEC. 2445. APPLICATION OF GENERAL EDUCATION PROVISIONS ACT.
``(a) General Rule.--Except as otherwise specifically
provided by this section, the General Education Provisions
Act shall apply to the programs authorized by this part.
``(b) Applicability.--The following provisions of the
General Education Provisions Act shall be superseded by the
specified provisions of this part with respect to the
programs authorized by this part:
[[Page 518]]
``(1) Section 410(a)(1) of the General Education Provisions
Act is superseded by section 2254(b) of this part.
``(2) Section 433(a) of such Act is superseded by section
2454(a) of this part.
``(3) Section 436 of such Act is superseded by sections
2223 and 2233 of this part.
``(c) Special Rule.--Sections 440, 441, and 442 of the
General Education Provisions Act, except to the extent that
such sections relate to fiscal control and fund accounting
procedures, may not apply to the programs authorized by this
part and shall not be construed to authorize the Secretary to
require any reports or take any actions not specifically
authorized by this part.
``PART F--21ST CENTURY COMMUNITY LEARNING CENTERS
``SEC. 2451. FINDINGS.
``The Congress finds that--
``(1) a local public school often serves as a center for
the delivery of education and human resources for all members
of a community;
``(2) public schools, primarily in rural and inner city
communities, should collaborate with other public and
nonprofit agencies and organizations, local businesses,
educational entities (such as vocational and adult education
programs, school to work programs, community colleges, and
universities), recreational, cultural, and other community
and human service entities for the purpose of meeting the
needs and expanding the opportunities available to the
residents of the communities served by such schools; and
``(3) by using school facilities, equipment, and resources,
communities can promote a more efficient use of public
education facilities, especially in rural and inner city
areas where limited financial resources have enhanced the
necessity for local public schools to become social service
centers.
``SEC. 2452. PROGRAM AUTHORIZATION AND DISTRIBUTION.
``(a) Grants by the Secretary.--The Secretary is authorized
in accordance with the provisions of this subsection to make
grants to rural and inner city schools or consortia thereof
to plan, implement, or expand projects that benefit the
educational, health, social service, cultural, and
recreational needs of a rural or inner city community. No
school or consortia thereof shall receive a grant award of
less than $50,000 in each fiscal year, and such grant
projects shall not exceed a 3-year period.
``(b) Application.--To be eligible to receive funds under
this section, a school or consortia thereof shall submit an
application to the Secretary of Education at such time and in
such manner as the Secretary may reasonably prescribe, that
shall include--
``(1) a comprehensive local plan that enables such school
to serve as a center for the delivery of education and human
resources for members of a community; and
``(2) an initial evaluation of needs, available resources,
and goals and objectives for the proposed community education
program to determine programs that will be developed to
address these needs:
``(A) A mechanism to disseminate information in a manner
that is understandable and accessible to the community.
``(B) Identification of Federal, State, and local programs
to be merged or coordinated so that public resources may be
maximized.
``(C) A description of the collaborative efforts of
community-based organizations, related public agencies,
businesses, or other appropriate organizations.
``(D) A description of how the school will assist as a
delivery center for existing and new services, especially
interactive telecommunication used for education and
professional training.
``(E) The establishment of a facility utilization policy
that specifically states rules and regulations for building
and equipment use and supervision guidelines;
``(3) the high technology, global economy of the 21st
century will require lifelong learning to keep America's
workforce competitive and successful, local public schools
should provide centers for lifelong learning and educational
opportunities for individuals of all ages; and
``(4) 21st Century Community Learning Centers enable the
entire community to develop an education strategy that
addresses the educational needs of all members of local
communities.
``(c) Priority.--The Secretary shall give priority to
applications that offer a broad selection of services that
address the needs of the community.
``SEC. 2453. USES OF FUNDS.
``(a) Authorized Programs.--Grants awarded under this
section may be used to plan, implement, or expand community
learning centers which shall include not less than 4 of the
following activities:
``(1) Literacy education programs.
``(2) Senior citizen programs.
``(3) Children's day care services.
``(4) Integrated education, health, social service,
recreational, or cultural programs.
``(5) Summer and weekend school programs in conjunction
with recreation programs.
``(6) Nutrition, health, and/or physical therapy.
``(7) Expanded library service hours to serve community
needs.
``(8) Telecommunications and technology education programs
for all ages.
``(9) Parenting skills education programs.
``(10) Support and training for child day care providers.
``(11) Employment counseling, training, and placement.
``(12) Services for students who withdraw from school
before graduating high school, regardless of age.
``(13) Services for individuals who are either physically
or mentally challenged.
``SEC. 2454. AWARD OF GRANTS.
``(a) In General.--In approving grants under this section,
the Secretary shall assure an equitable distribution of
assistance among the States, among urban and rural areas of
the United States, and among urban and rural areas of a
State.
``(b) Grant Period.--Grants may be awarded for a period not
to exceed 3 years.
``SEC. 2455. DEFINITIONS.
``(a) The term `Community Learning Center' means the
provision of educational, recreational, health, and social
service programs for residents of all ages of a local
community in public school buildings, primarily in rural and
inner city areas, operated by the local educational agency in
conjunction with local governmental agencies, businesses,
vocational education programs, community colleges,
universities, and cultural, recreational, and other community
and human service entities.
``(b) The term `Secretary' means the Secretary of
Education.
``SEC. 2456. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $25,000,000 for
fiscal year 1995 and such sums as may be necessary for each
of the fiscal years 1996-1999.
``TITLE III--EXPANDING OPPORTUNITIES FOR LEARNING
``PART A--FUND FOR THE IMPROVEMENT OF EDUCATION
``SEC. 3201. FUND FOR THE IMPROVEMENT OF EDUCATION.
``(a) Fund Authorized.--From funds appropriated under
subsection (d), the Secretary is authorized to support
nationally significant programs and projects to improve the
quality of education, assist all students to meet challenging
standards, and contribute to the achievement of the National
Education Goals. The Secretary is authorized to carry out
such programs and projects directly or through grants to, or
contracts with, State and local educational agencies,
institutions of higher education, and other public and
private agencies, organizations, and institutions.
``(b) Uses of Funds.--(1) Funds under this section may be
used for--
``(A) activities that will promote systemic educational
reform at the State and local levels, such as--
``(i) research and development related to content and
performance standards and opportunity-to-learn standards for
student learning; and
``(ii) the development and evaluation of model strategies
for assessment of student learning, professional development
for teachers and administrators, parent and community
involvement, and other aspects of systemic reform;
``(B) demonstrations at the State and local levels that are
designed to yield nationally significant results, including
approaches to public school choice in accordance with the
requirements of part C and school-based decisionmaking;
``(C) joint activities with other agencies to assist the
effort to achieve the National Education Goals, including
activities related to improving the transition from preschool
to school and from school to work, as well as activities
related to the integration of education and health and social
services;
``(D) activities to promote and evaluate counseling and
mentoring for students, including intergenerational
mentoring;
``(E) activities to promote comprehensive health education;
``(F) activities to promote environmental education;
``(G) activities to promote consumer, economic, and
personal finance education;
``(H) activities to assist students to demonstrate
competence in foreign languages;
``(I) studies and evaluation of various educational reform
strategies and innovations being pursued by the Federal
Government, States, and local educational agencies;
``(J) the identification and recognition of exemplary
schools and programs, such as Blue Ribbon Schools;
``(K) programs designed to promote gender equity in
education by evaluating and eliminating gender bias in
instruction and educational materials, identifying, and
analyzing gender inequities in educational practices, and
implementing and evaluating educational policies and
practices designed to achieve gender equity;
``(L) programs designed to reduce excessive student
mobility, retain students who move within a school district
at the same school, educate parents about the effect of
mobility on a child's education and encourage parents to
participate in school activities;
``(M) experiential-based learning, such as service-
learning;
``(N) the development and expansion of public-private
partnership programs which extend the learning experience,
via computers, beyond the classroom environment into student
homes; and
``(O) other programs and projects that meet the purposes of
this section.
``(2) (A) Funds may also be used to establish a National
Center for Second Language Development.
``(B) Composition.--The Center may include representation
from--
``(i) a principle Federal language training institution
that has expertise in translation and interpretation with
responsibility for foreign language instruction of military,
for-
[[Page 519]]
eign service officers and other Federal personnel; and
``(ii) other public, government and private entities with
expertise in the education and training of second language
curricula, as determined necessary by the Secretary.
``(C) Mission.--The Center may--
``(i) assess the economic and social benefits of second
language capabilities for the population of the United
States;
``(ii) make recommendations to the Secretary of the most
appropriate means of increasing widespread second language
capabilities in the United States; and
``(iii) effectuate a greater second language capability
within the United States through activities that include:
developing and implementing model programs for children,
college students and adults; conducting research on effective
ways to teach second languages; developing teacher training
programs; and developing teaching materials.
``(3) The Secretary may also use funds under this section
to complete the project periods for direct grants or
contracts awarded under the provisions of the Elementary and
Secondary Education Act of 1965, part B of title III of the
Augustus F. Hawkins-Robert T. Stafford Elementary and
Secondary School Improvement Amendments of 1988, or title III
of the Education for Economic Security Act, as these Acts
were in effect on the day before enactment of the Improving
America's Schools Act of 1994.
``(c) Awards.--(1) The Secretary may make awards under this
section on the basis of competitions announced by the
Secretary and may also support meritorious unsolicited
proposals.
``(2) The Secretary shall ensure that projects and
activities supported under this section are designed in such
a way that their effectiveness may be readily determined.
``(3) The Secretary shall use a peer review process in
reviewing applications for grants under this section and may
use funds appropriated under subsection (d) for this purpose.
``(d) Authorization.--For the purpose of carrying out this
section, there are authorized to be appropriated $35,000,000
for fiscal year 1995 and such sums as may be necessary for
each of the fiscal years 1996, 1997, 1998, and 1999.
``PART B--GIFTED AND TALENTED CHILDREN
``SEC. 3301. SHORT TITLE.
``This part may be cited as the `Jacob K. Javits Gifted and
Talented Students Education Act of 1994'.
``SEC. 3302. FINDINGS AND PURPOSES.
``(a) Findings.--The Congress finds and declares that--
``(1) all students can learn to high standards and must
develop their talents and realize their potential if the
United States is to prosper;
``(2) gifted and talented students are a national resource
vital to the future of the Nation and its security and well-
being;
``(3) too often schools fail to challenge students to do
their best work, and students who are not challenged will not
learn to high standards, fully develop their talents, and
realize their potential;
``(4) unless the special abilities of gifted and talented
students are recognized and developed during their elementary
and secondary school years, much of their special potential
for contributing to the national interest is likely to be
lost;
``(5) gifted and talented students from economically
disadvantaged families and areas, and students of limited
English proficiency are at greatest risk of being
unrecognized and of not being provided adequate or
appropriate educational services;
``(6) State and local educational agencies and private
nonprofit schools often lack the necessary specialized
resources to plan and implement effective
programs for the early identification of gifted and talented
students for the provision of educational services and
programs appropriate to their special needs;
``(7) the Federal Government can best carry out the limited
but essential role of stimulating research and development
and personnel training and providing a national focal point
of information and technical assistance that is necessary to
ensure that the Nation's schools are able to meet the special
educational needs of gifted and talented students, and
thereby serve a profound national interest; and
``(8) the experience and knowledge gained in developing and
implementing programs for gifted and talented students can
and should be used as a basis to develop a rich and
challenging curriculum for all students.
``(b) Statement of Purpose.--
``(1) It is the purpose of this part to provide financial
assistance to State and local educational agencies,
institutions of higher education, and other public and
private agencies and organizations, to initiate a coordinated
program of research, demonstration projects, personnel
training, and similar activities designed to build a
nationwide capability in elementary and secondary schools to
meet the special educational needs of gifted and talented
students. In addition, the purpose of this part is to
encourage the development of rich and challenging curricula
for all students through the appropriate application and
adaptation of materials and instructional methods developed
under this part.
``(2) It is also the purpose of this part to supplement and
make more effective the expenditure of State and local funds,
for the education of gifted and talented students.
``SEC. 3303. DEFINITIONS.
``For purposes of this part, the term `gifted and talented
students' means children and youth who give evidence of high
performance capability in areas such as intellectual,
creative, artistic, or leadership capacity, or in specific
academic fields, and who require services or activities not
ordinarily provided by the school in order to fully develop
such capabilities.
``SEC. 3304. AUTHORIZED PROGRAMS.
``(a) Establishment of Program.--
``(1) From the sums appropriated under section 3308 in any
fiscal year the Secretary (after consultation with experts in
the field of the education of gifted and talented students)
shall make grants to or enter into contracts with State
educational agencies, local educational agencies,
institutions of higher education, or other public agencies
and private agencies and organizations (including Indian
tribes and organizations as defined by the Indian Self-
Determination and Education Assistance Act and Hawaiian
native organizations) to assist such agencies, institutions,
and organizations which submit applications in carrying out
programs or projects authorized by this Act that are designed
to meet the educational needs of gifted and talented
students, including the training of personnel in the
education of gifted and talented students and in the use,
where appropriate, of gifted and talented services,
materials, and methods for all students.
``(2) Applications for funds must include a section on how
the proposed gifted and talented services, materials, and
methods could be adapted, if appropriate, for use by all
students and a section on how the proposed programs can be
evaluated.
``(b) Uses of Funds.--Programs and projects assisted under
this section may include--
``(1) professional development (including fellowships) for
personnel (including leadership personnel) involved in the
education of gifted and talented students;
``(2) establishment and operation of model projects and
exemplary programs for serving gifted and talented students,
including innovative methods for identifying and educating
students who may not be served by traditional gifted and
talented programs, summer programs, mentoring programs,
service learning programs, and cooperative programs involving
business, industry, and education;
``(3) training of personnel involved in gifted and talented
programs with respect to the impact of gender role
socialization on the educational needs of gifted and talented
children and in gender equitable education methods,
techniques, and practices;
``(4) strengthening the capability of State educational
agencies and institutions of higher education to provide
leadership and assistance to local educational agencies and
nonprofit private schools in the planning, operation, and
improvement of programs for the identification and education
of gifted and talented students and the appropriate use of
gifted and talented programs and methods to serve all
students;
``(5) programs of technical assistance and information
dissemination which would include how gifted and talented
programs and methods, where appropriate, could be adapted for
use by all students; and
``(6) carrying out--
``(A) research on methods and techniques for identifying
and teaching gifted and talented students, and for using
gifted and talented programs and methods to serve all
students; and
``(B) program evaluations, surveys, and the collection,
analysis, and development of information needed to accomplish
the purposes of this part.
``(c) Establishment of National Center.--
``(1) The Secretary (after consultation with experts in the
field of the education of gifted and talented students) shall
establish a National Center for Research and Development in
the Education of Gifted and Talented Children and Youth
through grants to or contracts with one or more institutions
of higher education or State educational agencies, or a
combination or consortium of such institutions and agencies,
for the purpose of carrying out activities described in
paragraph (5) of subsection (b).
``(2) Such National Center shall have a Director. The
Secretary may authorize the Director to carry out such
functions of the National Center as may be agreed upon
through arrangements with other institutions of higher
education, State or local educational agencies, or other
public or private agencies and organizations.
``(d) Limitation.--Not more than 30 percent of the funds
available in any fiscal year to carry out the programs and
projects authorized by this section may be used to conduct
activities pursuant to subsections (b)(5) or (c).
``(e) Coordination.--Research activities supported under
this section--
``(1) shall be carried out in consultation with the Office
of Educational Research and Improvement to ensure that such
activities are coordinated with and enhance the research and
development activities supported by the Office; and
``(2) may include collaborative research activities which
are jointly funded and carried out with the Office of
Education Research and Improvement.
``SEC. 3305. PROGRAM PRIORITIES.
``(a) General Priority.--In the administration of this part
the Secretary shall give highest priority--
``(1) to the identification of and services to gifted and
talented students who may not be
[[Page 520]]
identified and served through traditional assessment methods
(including economically disadvantaged individuals,
individuals of limited-English proficiency, and individuals
with disabilities; and
``(2) to programs and projects designed to develop or
improve the capability of schools in an entire State or
region of the Nation through cooperative efforts and
participation of State and local educational agencies,
institutions of higher education, and other public and
private agencies and organizations (including business,
industry, and labor), to plan, conduct, and improve programs
for the identification of and service to gifted and talented
students, such as mentoring and apprenticeship programs.
``(b) Service Priority.--In approving applications under
section 3304(a) of this part, the Secretary shall assure that
in each fiscal year at least one-half of the applications
approved address the priority in section 3305(a)(1).
``SEC. 3306. GENERAL PROVISIONS.
``(a) Participation of Private School Children and
Teachers.--In making grants and entering into contracts under
this part, the Secretary shall ensure, where appropriate,
that provision is made for the equitable participation of
students and teachers in private nonprofit elementary and
secondary schools, including the participation of teachers
and other personnel in professional development programs for
serving such children.
``(b) Review, Dissemination, and Evaluation.--The Secretary
shall--
``(1) use a peer review process in reviewing applications
under this part;
``(2) ensure that information on the activities and results
of projects funded under this part is disseminated to
appropriate State and local agencies and other appropriate
organizations, including nonprofit private organizations; and
``(3) evaluate the effectiveness of programs under this
part, both in terms of the impact on students traditionally
served in separate gifted and talented programs and on other
students, and submit the results of such evaluation to
Congress not later than January 1, 1998.
``SEC. 3307. ADMINISTRATION.
``The Secretary shall establish or designate an
administrative unit within the Department of Education--
``(1) to administer the programs authorized by this part;
``(2) to coordinate all programs for gifted and talented
students administered by the Department;
``(3) to serve as a focal point of national leadership and
information on the educational needs of gifted and talented
students and the availability of educational services and
programs designed to meet such needs; and
``(4) to assist the Assistant Secretary of the Office of
Educational Research and Improvement in identifying research
priorities which reflect the needs of gifted and talented
students.
The administrative unit established or designated pursuant to
this section shall be headed by a person of recognized
professional qualifications and experience in the field of
the education of gifted and talented students.
``SEC. 3308. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $10,000,000 for
fiscal year 1995 and such sums as may be necessary for each
of the fiscal years 1996, 1997, 1998, and 1999 to carry out
the provisions of this part.
``PART C--PUBLIC CHARTER SCHOOLS
``SEC. 3401. PURPOSE.
``It is the purpose of this part to increase national
understanding of the charter schools model by--
``(1) providing financial assistance for the design and
initial implementation of charter schools; and
``(2) evaluating the effects of those schools on improving
student achievement, including their effects on students,
staff, and parents.
``SEC. 3402. PROGRAM AUTHORIZED.
``(a) General.--The Secretary may make grants to eligible
applicants for the design and initial operation of charter
schools.
``(b) Project Periods.--Each such grant shall be for a
period of not more than three years, of which the grantee may
use--
``(1) no more than 18 months for planning and program
design; and
``(2) no more than two years for the initial implementation
of the charter school.
``(c) Limitation.--The Secretary shall not make more than
one grant to support a particular charter school.
``SEC. 3403. APPLICATIONS.
``(a) Applications Required.--Any eligible applicant that
desires to receive a grant under this part shall submit an
application to the Secretary at such time and in such manner
as the Secretary may require.
``(b) Scope of Application.--Each such application may
request assistance for a single charter school or for a
cluster of schools, which may include a high school and its
feeder elementary and middle schools, within a community.
``(c) Application Contents.--Each such application shall
include, for each charter school for which assistance is
sought--
``(1) a description of the educational program to be
implemented by the proposed charter school, including--
``(A) how the program will enable all students to meet
challenging State performance standards;
``(B) the grade levels or ages of children to be served;
and
``(C) the curriculum and instructional practices to be
used;
``(2) a description of how the school will be managed;
``(3) a description of--
``(A) the objectives of the school; and
``(B) the methods by which the school will determine its
progress toward achieving those objectives;
``(4) a description of the administrative relationship
between the charter school and the local educational agency
that will authorize or approve the school's charter and act
as the grantee under this part;
``(5) a description of how parents and other members of the
community will be involved in the design and implementation
of the charter school;
``(6) a description of how the local educational agency
will provide for continued operation of the school once the
Federal grant has expired, if such agency determines that the
school is successful;
``(7) a request and justification for waivers of any
Federal statutory or regulatory provisions that the applicant
believes are necessary for the successful operation of the
charter school, and a description of any State or local
rules, generally applicable to public schools, that will be
waived for, or otherwise not apply to, the school;
``(8) a description of how the grant funds would be used;
``(9) a description of how grant funds would be used in
conjunction with other Federal programs administered by the
Secretary;
``(10) a description of how students in the community will
be--
``(A) informed about the school; and
``(B) given an equal opportunity to attend the school;
``(11) an assurance that the applicant will annually
provide the Secretary such information as the Secretary may
require to determine if the charter school is making
satisfactory progress toward achieving the objectives
described under paragraph (3);
``(12) an assurance that the applicant will cooperate with
the Secretary in evaluating the program authorized by this
part; and
``(13) such other information and assurances as the
Secretary may require.
``(d) State Educational Agency Approval Required.--(1) A
local educational agency that desires to receive a grant
under this part shall obtain the State educational agency's
approval of its application before submitting it to the
Secretary.
``(2) A State educational agency that approves an
application of a local educational agency shall provide the
local educational agency, and such local agency shall include
in its application to the Secretary, a statement that the
State has granted, or will grant, the waivers and exemptions
from State requirements described in such local agency's
application.
``SEC. 3404. SELECTION OF GRANTEES; WAIVERS.
``(a) Criteria.--The Secretary shall select projects to be
funded on the basis of the quality of the applications,
taking into consideration such factors as--
``(1) the quality of the proposed curriculum and
instructional practices;
``(2) the degree of flexibility afforded by the State and,
if applicable, the local educational agency to the school;
``(3) the extent of community support for the application;
``(4) the ambitiousness of the objectives for the school;
``(5) the quality of the plan for assessing achievement of
those objectives; and
``(6) the likelihood that the school will meet those
objectives and improve educational results for students.
``(b) Peer Review.--The Secretary shall use a peer review
process to review applications for grants under this section.
``(c) Diversity of Projects.--The Secretary may approve
projects in a manner that ensures, to the extent possible,
that they--
``(1) are distributed throughout different areas of the
Nation, including in urban and rural areas; and
``(2) represent a variety of educational approaches.
``(d) Waivers.--The Secretary may waive any statutory or
regulatory requirement that the Secretary is responsible for
enforcing, except for any such requirement relating to the
elements of a charter school described in section 3407(1),
if--
``(1) the waiver is requested in an approved application or
by a grantee under this part; and
``(2) the Secretary determines that granting such a waiver
would promote the purpose of this part.
``SEC. 3405. USES OF FUNDS.
``A recipient of a grant under this part may use the grant
funds only for--
``(1) post-award planning and design of the educational
program, which may include--
``(A) refinement of the desired educational results and of
the methods for measuring progress toward achieving those
results; and
``(B) professional development of teachers and other staff
who will work in the charter school; and
``(2) initial implementation of the charter school, which
may include--
``(A) informing the community about the school;
``(B) acquiring necessary equipment;
``(C) acquiring or developing curriculum materials; and
[[Page 521]]
``(D) other operational costs that cannot be met from State
or local sources.
``SEC. 3406. NATIONAL ACTIVITIES.
``The Secretary may reserve up to 10 percent of the funds
appropriated for this part for any fiscal year for--
``(1) peer review of applications under section 3404(b);
and
``(2) an evaluation of the impact of charter schools on
student achievement, including those assisted under this
part.
``SEC. 3407. DEFINITIONS.
``As used in this part, the following terms have the
following meanings:
``(1) The term `charter school' means a school that--
``(A) in accordance with an enabling State statute, is
exempted from significant State or local rules that inhibit
the flexible operation and management of public schools, but
not from any rules relating to the other requirements of this
paragraph;
``(B) is created by a developer as a public school, or is
adapted by a developer from an existing public school;
``(C) operates in pursuit of a specific set of educational
objectives determined by the school's developer and agreed to
by the local educational agency applying for a grant on
behalf of the school;
``(D) provides a program of elementary or secondary
education, or both;
``(E) is nonsectarian in its programs, admissions policies,
employment practices, and all other operations, and is not
affiliated with a sectarian school or religious institution;
``(F) does not charge tuition;
``(G) complies with the Age Discrimination Act, title VI of
the Civil Rights Act of 1964, title IX of the Education
Amendments of 1972, section 504 of the Rehabilitation Act of
1973, and part B of the Individuals with Disabilities
Education Act;
``(H) admits students on the basis of a lottery, if more
students apply for admission than can be accommodated;
``(I) agrees to comply with the same Federal and State
audit requirements as do other public schools in the State,
unless such requirements are specifically waived for the
purpose of this program;
``(J) meets all applicable Federal, State, and local health
and safety requirements; and
``(K) operates in accordance with State law.
``(2) The term `developer' means an individual or group of
individuals (including a public or private nonprofit
organization), which may include teachers, administrators and
other school staff, parents, or other members of the local
community in which a charter school project will be carried
out.
``(3) The term `eligible applicant' means a local
educational agency, in partnership with a developer with an
application approved under section 3403(d).
``SEC. 3408. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this part, there are
authorized to be appropriated $15,000,000 for fiscal year
1995 and such sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.
``PART D--ARTS IN EDUCATION
``Subpart 1--Support for Arts Education
``SEC. 3501. SUPPORT FOR ARTS EDUCATION.
``(a) Findings.--The Congress finds that--
``(1) the arts are forms of understanding and ways of
knowing that are fundamentally important to education;
``(2) the arts are important to excellent education and to
effective school reform;
``(3) the most significant contribution of the arts to
education reform is the transformation of teaching and
learning;
``(4) this transformation is best realized in the context
of comprehensive, systemic education reform;
``(5) demonstrated competency in the arts for American
students is among the National Education Goals;
``(6) the arts can motivate at-risk students to stay in
school and become active participants in the educational
process; and
``(7) arts education should be an integral part of the
elementary and secondary school curriculum.
``(b) Purpose. The purposes of this part are to--
``(1) support systemic education reform by strengthening
arts education as an integral part of the elementary and
secondary school curriculum;
``(2) help ensure that all students have the opportunity to
learn to challenging standards in the arts; and
``(3) support the national effort to enable all students to
demonstrate competence in the arts in accordance with the
National Education Goals.
``(c) Eligible Recipients.--In order to carry out the
purposes of this part, the Secretary is authorized to make
grants to, or enter into contracts or cooperative agreements
with--
``(1) State educational agencies;
``(2) local educational agencies;
``(3) institutions of higher education; and
``(4) other public and private agencies, institutions, and
organizations.
``(d) Authorized Activities.--Funds under this part may be
used for--
``(1) research on arts education;
``(2) the development of, and dissemination of information
about, model arts education programs;
``(3) the development of model arts education assessments
based on high standards;
``(4) the development and implementation of curriculum
frameworks for arts education;
``(5) the development of model preservice and inservice
professional development programs for arts educators and
other instructional staff;
``(6) supporting collaborative activities with other
Federal agencies or institutions involved in arts education,
such as the National Endowment for the Arts, the Institute of
Museum Services, the John F. Kennedy Center for the
Performing Arts, and the National Gallery of Art;
``(7) supporting model projects and programs in the
performing arts for children and youth through arrangements
made with the John F. Kennedy Center for the Performing Arts;
``(8) supporting model projects and programs in the arts
for individuals with disabilities through arrangements with
the organization, Very Special Arts;
``(9) supporting model projects and programs to integrate
arts education into the regular elementary and secondary
school curriculum; and
``(10) other activities that further the purposes of this
part.
``(e) Coordination.--(1) A recipient of funds under this
part shall, to the extent possible, coordinate its project
with appropriate activities of public and private cultural
agencies, institutions, and organizations, including museums,
arts education associations, libraries, and theaters.
``(2) In carrying out this part, the Secretary shall
coordinate with the National Endowment for the Arts, the
Institute of Museum Services, the John F. Kennedy Center for
the Performing Arts, and the National Gallery of Art.
``(f) Authorization of Appropriations.--For the purpose of
carrying out this subpart, there are authorized to be
appropriated $11,000,000 for fiscal year 1995 and such sums
as may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.
``Subpart 2--Community Arts
``SEC. 3502. SHORT TITLE.
``This subpart may be cited as the ``Community Arts
Partnership Act of 1994''.
``(a) Findings.--Congress finds that--
``(1) with local school budgets cut there are in-adequate
arts programs available for children in schools, especially
at the elementary level;
``(2) the arts promote progress in academic subjects as
shown by research conducted by the National Endowment for the
Arts;
``(3) the arts access multiple human intelligences and
develop higher-order thinking skills;
``(4) the arts generate self-esteem and positive emotional
responses to learning; and
``(5) children who receive instruction in the arts remain
in school longer and are more successful than children who do
not receive such instruction.
``(b) Purpose.--The purpose of this part is to make
demonstration grants to eligible entities to improve the
educational performance and future potential of at-risk
children and youth by providing comprehensive and coordinated
educational and cultural services.
``(c) Grants Authorized.--
``(1) In general.--The Secretary is authorized to award
grants to eligible entities to pay the Federal share of the
costs of the activities described in subsection (f).
``(2) Special requirements.--The Secretary shall award
grants under this Act only to programs designed to--
``(A) promote educational and cultural services;
``(B) provide multi-year services to at-risk children and
youth;
``(C) serve the target population described in subsection
(e);
``(D) provide integration of community cultural resources
in the regular curriculum;
``(E) focus school and cultural resources in the community
on coordinated cultural services to address the needs of at-
risk children and youth;
``(F) provide effective cultural linkages from preschool
programs, including the Head Start Act and preschool grants
under the Individuals with Disabilities Education Act, to
elementary schools;
``(G) facilitate school-to-work transition from secondary
schools and alternative schools to job training, higher
education, and employment;
``(H) increase parental and community involvement in the
educational, social, and cultural development of at-risk
youth; or
``(I) replicate programs and strategies that provide high
quality coordinated educational and cultural services and
that are designed to integrate such coordination into the
regular curriculum.
``(3) Requirement of coordination.--Grants may only be
awarded under this part to eligible entities that agree to
coordinate activities carried out under other Federal, State,
and local grants, received by the members of the partnership
for purposes and target populations described in this part,
into an integrated service delivery system located at a
school, cultural, or other community-based site accessible to
and utilized by at-risk youth.
``(4) Duration.--Grants made under this part may be
renewable for a maximum of 5 years if the Secretary
determines that the eligible recipient has made satisfactory
progress toward the achievement of the program objectives
described in application.
``(5) Geographic distribution.--In awarding grants under
this part, the Secretary shall ensure--
``(A) an equitable geographic distribution; and
[[Page 522]]
``(B) an equitable distribution to both urban and rural
areas with a high proportion of at-risk youth as defined in
subsection (e).
``(d) Eligibility.--
``(1) Services for in-school youth.--For the purpose of
providing a grant under this part to serve in-school children
and youth, the term `eligible entity' means a partnership
between a local education agency that is eligible for funds
under title I of this Act, and at least 1 institution of
higher education or cultural entity located within or
accessible to the geographical boundaries of the local
education agency with a history of providing quality services
to the community, and which may include--
``(A) nonprofit institutions of higher education; museums;
libraries; performing, presenting and exhibiting arts
organizations; literary arts organizations; local arts
organizations; and zoological and botanical organizations;
and
``(B) private for-profit entities with a history of
training children and youth in the arts.
``(2) Services for out-of-school youth.--For purposes of
providing a grant under this part to serve out-of-school
youth, the term `eligible entity' means a partnership between
at least 1 entity of the type described in paragraph (A) or
(B) of subsection (1), or a local education agency eligible
for funds under title I of this Act and at least 1 cultural
entity described in subsection (1).
``(e) Target Population.--In order to receive a grant under
this part, an eligible entity shall serve--
``(1) students enrolled in schools in participating
schoolwide projects assisted under title I of this Act and
the families of such students; or
``(2) out-of-school youth at risk of having limited future
options as a result of teenage pregnancy and parenting,
substance abuse, recent migration, disability, limited
English proficiency, family migration, illiteracy, being the
child of a teen parent, living in a single parent household,
or being a high school dropout; or
``(3) any combination of in school and out-of-school at-
risk youth.
``(f) Authorized Activities.--
``(1) In general.--Funds made under this part may be used--
``(A) to plan, develop, acquire, expand, and improve
school-based or community-based coordinated educational and
cultural programs to strengthen the educational performance
and future potential of in-school and out-of-school at-risk
youth through cooperative agreements, contracts for services,
or administrative coordination;
``(B) to provide at-risk students with integrated cultural
activities designed to develop a love of learning to ensure
the smooth transition of preschool children to elementary
school;
``(C) to design collaborative cultural activities for
students in secondary or alternative schools that ensure the
smooth transition to job training, higher education, or full
employment;
``(D) to provide child care for children of at-risk
students who would not otherwise be able to participate in
the program;
``(E) to provide transportation necessary for participation
in the program;
``(F) to work with existing school personnel to develop
curriculum materials and programs in the arts;
``(G) to work with existing school personnel on staff
development activities that encourage the integration of the
arts into the curriculum;
``(H) for stipends that allow local artists to work with
at-risk children and youth in the schools;
``(I) for cultural programs that encourage the active
participation of parents in their children's education;
``(J) for programs that use the art reform current school
practices, including lengthening the school day or academic
year;
``(K) for appropriate equipment and necessary supplies; and
``(L) for evaluation, administration, and supervision.
``(2) Priority.--In providing assistance under this part,
the Secretary shall give priority to eligible entities that
provide comprehensive services that extend beyond traditional
school or service hour, that may include year round programs
that provide services in the evenings and on weekends.
``(3) Planning grants.--
``(A) Application.--An eligible entity may submit an
application to the Secretary for a planning grant for an
amount not to exceed $50,000. Such grants shall be for
periods of not more than 1 year.
``(B) Limit on planning grants.--Not more than 10 percent
of the amounts appropriated in each fiscal year under this
part shall be used for grants under this subsection, and an
eligible entity may receive not more than 1 such planning
grant.
``(g) General Provisions.--
``(1) In general.--Each eligible entity desiring a grant
under this part shall submit an application to the Secretary
at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
``(2) Contents.--Each application submitted pursuant to
subsection (a) shall--
``(A) describe the cultural entity or entities that will
participate in the partnership;
``(B) describe the target population to be served;
``(C) describe the services to be provided;
``(D) describe a plan for evaluating the success of the
program;
``(E) describe, for a local educational agency participant,
how services will be perpetuated beyond the length of the
grant;
``(F) describe the manner in which the eligible entity will
improve the educational achievement or future potential of
at-risk youth through more effective coordination of cultural
services in the community;
``(G) describe the overall and operational goals of the
program; and
``(H) describe the nature and location of all planned sites
where services will be delivered and a description of
services which will be provided at each site.
``(h) Payments--Federal Share.--
``(1) Payments.--The Secretary shall pay to each eligible
entity having an application approved under subsection (g)
the Federal share of the cost of the activities described in
the application.
``(2) Amounts of grants.--The amount of a grant made under
this part may not be less than $100,000 or exceed $500,000 in
the first year of such grant.
``(3) Federal share.--The Federal share shall be 80
percent.
``(4) Non-federal share.--The non-Federal share shall be
equal to 20 percent and may be in cash or in kind, fairly
evaluated, including facilities or services.
``(5) Limitation.--Not more than 25 percent of any grant
under this part may be used for noninstructional services
such as those described in paragraphs D, E, and L of
subsection (f).
``(6) Supplement and not supplant.--Grant funds awarded
under this part shall be used to supplement not supplant the
amount of funds made available from non-Federal sources, for
the activities assisted under this part, in amounts that
exceed the amounts expended for such activities in the year
preceding the year for which the grant is awarded.
``(7) Dissemination of models.--The Secretary shall
disseminate information concerning successful models under
this part through the National Diffusion Network.
``(i) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this subpart,
$75,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``PART E--INEXPENSIVE BOOK DISTRIBUTION PROGRAM
``SEC. 3601. INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR
READING MOTIVATION.
``(a) Authorization.--The Secretary is authorized to enter
into a contract with Reading Is Fundamental (hereinafter in
this section referred to as `the contractor') to support and
promote programs, which include the distribution of
inexpensive books to students, that motivate children to
read.
``(b) Requirements of Contract.--Any contract entered into
under subsection (a) shall--
``(1) provide that the contractor will enter into
subcontracts with local private nonprofit groups or
organizations or with public agencies under which each
subcontractor will agree to establish, operate, and provide
the non-Federal share of the cost of reading motivation
programs that include the distribution of books, by gift, to
the extent feasible, or by loan, to children up through high
school age, including those in family literacy programs;
``(2) provide that funds made available to subcontractors
will be used only to pay the Federal share of the cost of
such programs;
``(3) provide that in selecting subcontractors for initial
funding, the contractor will give priority to programs that
will serve a substantial number or percentage of children
with special needs, such as--
``(A) low-income children, particularly in high-poverty
areas;
``(B) children at risk of school failure;
``(C) children with disabilities, including children with
serious emotional disturbance;
``(D) foster children;
``(E) homeless children;
``(F) migrant children;
``(G) children without access to libraries;
``(H) institutionalized or incarcerated children; and
``(I) children whose parents are institutionalized or
incarcerated;
``(4) provide that the contractor will provide such
technical assistance to subcontractors as may be necessary to
carry out the purpose of this section;
``(5) provide that the contractor will annually report to
the Secretary the number of, and describe, programs funded
under paragraph (3); and
``(6) include such other terms and conditions as the
Secretary determines to be appropriate to ensure the
effectiveness of such programs.
``(c) Restriction on Payments.--The Secretary shall make no
payment of the Federal share of the cost of acquiring and
distributing books under any contract under this section
unless the Secretary determines that the contractor or
subcontractor, as the case may be, has made arrangements with
book publishers or distributors to obtain books at discounts
at least as favorable as discounts that are customarily given
by such publisher or distributor for book purchases made
under similar circumstances in the absence of Federal
assistance.
``(d) Definition of `Federal Share'.--For the purpose of
this section, the term `Federal share' means the portion of
the cost to a subcontractor of purchasing books to be paid
with funds made available under this section. The Federal
share shall be established
[[Page 523]]
by the Secretary, and shall not exceed 75 percent, except
that the Federal share for programs serving children of
migrant or seasonal farmworkers shall be 100 percent.
``(e) Authorization of Appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated $10,300,000 for fiscal year 1995 and such sums
as may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.
``PART F--CIVIC EDUCATION
``SEC. 3701. INSTRUCTION ON THE HISTORY AND PRINCIPLES OF
DEMOCRACY IN THE UNITED STATES.
``(a) General Authority.--
``(1) Program established.--(A) The Secretary shall carry
out a program to enhance the attainment of Goals Three and
Six of the National Education Goals by educating students
about the history and principles of the Constitution of the
United States, including the Bill of Rights, and to foster
civic competence and responsibility.
``(B) Such program shall be known as `We the People . . .
The Citizen and the Constitution'.
``(2) Educational activities.--The program required by
paragraph (1) shall--
``(A) continue and expand the educational activities of the
We the People . . . The Citizen and the Constitution program
administered by the Center for Civic Education; and
``(B) enhance student attainment of challenging content
standards in civics and government.
``(3) Contract or grant authorized.--The Secretary is
authorized to enter into a contract or grant with the Center
for Civic Education to carry out the program required by
paragraph (1).
``(b) Program Content.--The education program authorized by
this section shall provide--
``(1) a course of instruction on the basic principles of
our constitutional democracy and the history of the
Constitution and the Bill of Rights;
``(2) school and community simulated congressional hearings
following the course of study at the request of participating
schools; and
``(3) an annual national competition of simulated
congressional hearings for secondary students who wish to
participate in such program.
``(c) Program Participants.--The education program
authorized by this section shall be made available to public
and private elementary and secondary schools in the 435
congressional districts, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, and the District of
Columbia.
``(d) Special Rule.--Funds provided under this section may
be used for the advanced training of teachers in civics and
government after the provisions of subsection (b) have been
implemented.
``SEC. 3702. INSTRUCTION IN CIVICS, GOVERNMENT, AND THE LAW.
``(a) Program Established.--The Secretary shall carry out a
program of grants and contracts to assist State and local
educational agencies and other public and private nonprofit
agencies, organizations and institutions to enhance--
``(1) attainment by students of challenging content
standards in civics, government, and the law; and
``(2) attainment by the Nation of Goals Three and Six of
the National Education Goals.
``(b) Authorized Activities.--Assistance under this section
may support new and ongoing programs in elementary and
secondary schools that provide for--
``(1) the development and implementation of curricular
programs that enhance student understanding of--
``(A) the values and principles which underlie, and the
institutions and processes which comprise, our system of
government;
``(B) the role of law in our constitutional democracy,
including activities to promote--
``(i) legal literacy; and
``(ii) a dedication by students to the use of non-violent
means of conflict resolution such as arbitration, mediation,
negotiation, trials, and appellate hearings; and
``(C) the rights and responsibilities of citizenship;
``(2) professional development for teachers, including pre-
service and in-service training;
``(3) outside-the-classroom learning experiences for
students, including community service activities;
``(4) the active participation of community leaders, from
the public and private sectors, in the schools; and
``(5) the provision of technical assistance to State and
local educational agencies and other institutions and
organizations working to further the progress of the Nation
in attaining the Goals Three and Six of the National
Education Goals in civics and government.
``(c) Applications, Peer Review and Priority.--
``(1) Submission of applications.--A State or local
educational agency, other public or private nonprofit agency,
organization or institution that desires to receive a grant
or enter into a contract under this section shall submit an
application to the Secretary at such time, in such manner,
and containing or accompanied by such information as the
Secretary may reasonably require.
``(2) Peer review.--(A) The Secretary shall convene a panel
of individuals for purpose of reviewing and rating
applications submitted under paragraph (1).
``(B) Such individuals shall have experience with education
programs in civics, government, and the law.
``(3) Priority.--In making grants or awarding contracts
under this section, the Secretary shall give priority
consideration to applications which propose the operation of
statewide programs.
``(d) Duration of Grants and Exception.--
``(1) Duration.--Except as provided in paragraph (2), the
Secretary shall make grants and enter into contracts under
this section for periods of 2 or 3 years.
``(2) Exception.--The Secretary may make a grant or enter
into a contract under this section for a period of less than
2 years if the Secretary determines that special
circumstances exist which warrant a one year grant or
contract award.
``SEC. 3703. REPORT; AUTHORIZATION OF APPROPRIATIONS.
``(a) Report.--The Secretary shall report, on a biennial
basis, to the Committee on Education and Labor of the House
of Representatives and to the Committee on Labor and Human
Resources of the Senate related to the distribution and use
of funds authorized under this part.
``(b) Authorization of Appropriations.--
``(1) General.--To carry out this part, there are
authorized to be appropriated $15,000,000 for fiscal year
1995 and such sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.
``(2) Allocation.--From the amount appropriated under
subsection (a), the Secretary shall allocate--
``(A) 40 percent of such amount to carry out section 3701;
and
``(B) 60 percent of such amount to carry out section 3702.
``PART G--NATIVE HAWAIIAN EDUCATION
``SEC. 3801. SHORT TITLE.
``This part may be cited as the `Native Hawaiian Education
Act'.
``SEC. 3802. FINDINGS.
``The Congress finds that:
``(1) Native Hawaiians comprise a distinct and unique
indigenous people with a historical continuity to the
original inhabitants of the Hawaiian archipelago whose
society was organized as a Nation prior to the arrival of the
first non-indigenous people in 1778.
``(2) The Native Hawaiian people are entitled to preserve,
develop and transmit to future generations their ancestral
territory, and their cultural identity in accordance with
their own spiritual and traditional beliefs, customs,
practices, languages, and social institutions.
``(3) The constitution and statutes of the State of Hawaii:
``(A) acknowledge the distinct land rights of the Native
Hawaiian people as beneficiaries of the public lands trust;
and
``(B) reaffirm and protect the unique right of the Native
Hawaiian people to practice and perpetuate their cultural and
religious customs, beliefs, practices, and language.
``(4) At the time of the arrival of the first non-
indigenous people in Hawaii in 1778, the Native Hawaiian
people lived in a highly organized, self-sufficient,
subsistence social system based on communal land tenure with
a sophisticated language, culture, and religion.
``(5) A unified monarchial government of the Hawaiian
Islands was established in 1810 under Kamehameha I, the first
King of Hawaii.
``(6) Throughout the 19th century and until 1893, the
United States: (a) recognized the independence of the
Hawaiian Nation; (b) extended full and complete diplomatic
recognition to the Hawaiian government; and (c) entered into
treaties and conventions with the Hawaiian monarchs to govern
commerce and navigation in 1826, 1842, 1849, 1875 and 1887.
``(7) In the year 1893, the United States Minister assigned
to the sovereign and independent Kingdom of Hawaii, John L.
Stevens, conspired with a small group of non-Hawaiian
residents of the Kingdom, including citizens of the United
States, to overthrow the indigenous and lawful Government of
Hawaii.
``(8) In pursuance of that conspiracy, the United States
Minister and the naval representative of the United States
caused armed naval forces of the United States to invade the
sovereign Hawaiian Nation in support of the overthrow of the
indigenous and lawful Government of Hawaii and the United
States Minister thereupon extended diplomatic recognition of
a provisional government formed by the conspirators without
the consent of the native people of Hawaii or the lawful
Government of Hawaii in violation of treaties between the two
nations and of international law.
``(9) In a message to Congress on December 18, 1893, then
President Grover Cleveland reported fully and accurately on
these illegal actions, and acknowledged that by these acts,
described by the President as acts of war, the government of
a peaceful and friendly people was overthrown, and the
President concluded that a `substantial wrong has thus been
done which a due regard for our national character as well as
the rights of the injured people require that we should
endeavor to repair.'
``(10) Queen Lili'uokalani, the lawful monarch of Hawaii,
and the Hawaiian Patriotic League, representing the
aboriginal citizens of Hawaii, promptly petitioned the United
States for redress of these wrongs and for restoration of the
indigenous government of the Hawaiian nation, but this
petition was not acted upon.
``(11) In 1898, the United States annexed Hawaii through
the Newlands Resolution, without the consent of or
compensation to the indigenous people of Hawaii or their
sovereign government, who were denied their land, ocean
resources, and the mechanism
[[Page 524]]
for expression of their inherent sovereignty through self-
government and self-determination.
``(12) Through the Newlands Resolution and the 1900 Organic
Act, the United States Congress received 1.75 million acres
of lands formerly owned by the Crown and Government of the
Hawaiian Kingdom and exempted the lands from then existing
public land laws of the United States by mandating that the
revenue and proceeds from these lands be `used solely for the
benefit of the inhabitants of the Hawaiian Islands for
education and other public purposes,' thereby establishing a
special trust relationship between the United States and the
indigenous native inhabitants of Hawaii.
``(13) Congress enacted the Hawaiian Homes Commission Act
of 1920 designating 200,000 acres of the ceded public lands
for exclusive homesteading by Native Hawaiians, affirming the
trust relationship between the United States and the Native
Hawaiians, as expressed by then Secretary of the Interior
Franklin K. Lane, who was cited in the Committee Report of
the United States House of Representatives Committee on
Territories as stating: `One thing that impressed me . . .
was the fact that the natives of these islands who are our
wards, I should say, and for whom in a sense we are trustees,
are falling off rapidly in numbers and many of them are in
poverty.'
``(14) In 1938, the United States Congress again
acknowledged the unique status of the Hawaiian people by
including in the Act of June 20, 1938 (52 Stat. 781 et seq.),
a provision to lease lands within the National Parks
extension to Native Hawaiians and to permit fishing in the
area `only by native Hawaiian residents of said area or of
adjacent villages and by visitors under their guidance.'
``(15) Under the Act entitled `An Act to provide for the
admission of the State of Hawaii into the Union' Approved
March 18, 1959 (73 Stat. 4), the United States transferred
responsibility for the administration of the Hawaiian Home
Lands to the State of Hawaii but reaffirmed the trust
relationship which existed between the United States and the
Hawaiian people by retaining the exclusive power to enforce
the trust, including the power to approve land exchanges and
legislative amendments affecting the rights of beneficiaries
under such Act.
``(16) Under the Act entitled `An Act to provide for the
admission of the State of Hawaii into the Union', approved
March 18, 1959 (73 Stat. 4), the United States transferred
responsibility for administration over portions of the ceded
public lands trust not retained by the United States to the
State of Hawaii but reaffirmed the trust responsibility which
existed between the United States and the Hawaiian people by
retaining the legal responsibility to enforce the
administration of the public trust responsibility of the
State of Hawaii for the betterment of the conditions of
Native Hawaiians under section 5(f) of the Act entitled `An
Act to provide for the admission of the State of Hawaii into
the Union.'.
``(17) The authority of the Congress under the United
States Constitution to legislate in matters affecting the
aboriginal or indigenous peoples of the United States
includes the authority to legislate in matters affecting the
native peoples of Alaska and Hawaii.
``(18) In furtherance to the trust responsibility for the
betterment of the conditions of native Hawaiians, the United
States has established educational programs to benefit Native
Hawaiians and has acknowledged that special educational
efforts are required recognizing the unique cultural and
historical circumstances of Native Hawaiians.
``(19) This historical and legal relationship has been
consistently recognized and affirmed by the Congress through
the enactment of Federal laws which extend to the Hawaiian
people the same rights and privileges accorded to American
Indian, Alaska Native, Eskimo, and Aleut communities,
including the Native American Programs Act of 1974; the
Native American Programs Act of 1992, as amended; the
National Historic Act Amendments of 1992; the American Indian
Religious Freedom Act; the Native American Graves Protection
and Repatriation Act.
``(20) The United States has also recognized and reaffirmed
the trust relationship to the Hawaiian people through
legislation which authorizes the provision of services to
Native Hawaiians, specifically, the Older Americans Act of
1965, the Developmental Disabilities Assistance and Bill of
Rights Act Amendments of 1987, the Veterans' Benefits and
Services Act of 1988, the Rehabilitation Act of 1973, the
Native Hawaiian Health Care Act of 1988, the Health
Professions Reauthorization Act of 1988, the Nursing Shortage
Reduction and Education Extension Act of 1988, the
Handicapped Programs Technical Amendments Act of 1988, the
Indian Health Care Amendments of 1988, and the Disadvantaged
Minority Health Improvements Act of 1990.
``(21) Despite the success of the programs established
under the Native Hawaiian Education Act of 1988, the
education needs of Native Hawaiians continue to be severe:
``(A) Native Hawaiian students continue to score below
national norms on standardized education achievement tests.
``(B) Both public and private schools continue to show a
pattern of low percentages of Native Hawaiian students in the
uppermost achievement levels and in gifted and talented
programs.
``(C) Native Hawaiian students continue to be
overrepresented among those qualifying for special education
programs provided to learning disabled, educable mentally
retarded, handicapped, and other such students.
``(D) Native Hawaiians continue to be disproportionately
represented in many negative social and physical statistics,
indicative of special educational needs--
``(i) lower educational attainment among Native Hawaiians
has been found to relate to lower socioeconomic outcomes;
``(ii) Native Hawaiian students continue to be
disproportionately underrepresented in Institutions of Higher
Education;
``(iii) Native Hawaiians continue to be underrepresented in
traditional white collar professions, health care
professions, and the newly emerging technology based
professions and are overrepresented in service occupations;
``(iv) Native Hawaiian children continue to be
disproportionately victimized by child abuse and neglect, a
signal of family stress; and
``(v) there are and will continue to be geographically
rural, isolated areas with a high Native Hawaiian population
density.
``(22) Special efforts in education recognizing the unique
cultural and historical circumstances of Native Hawaiians are
required.
``SEC. 3803. PURPOSE.
``It is the purpose of this part to--
``(1) authorize and develop supplemental educational
programs to assist Native Hawaiians in reaching the National
Education Goals;
``(2) provide direction and guidance to appropriate
Federal, State, and local agencies to focus resources,
including those made available by the title on the problem of
Native Hawaiian Education;
``(3) supplement and expand existing programs and
authorities in the area of education to further the purposes
of the title; and
``(4) encourage the maximum participation of Native
Hawaiians in planning and management of Native Hawaiian
Education Programs.
``SEC. 3804. NATIVE HAWAIIAN EDUCATION COUNCIL.
``(a) Establishment.--In order to better effectuate the
purposes of this part through assistance in the coordination
of services and programs provided for under this part, the
Secretary shall establish a Native Hawaiian Education
Council.
``(b) Composition.--Such Council shall consist of, but not
be limited to:
``(1) representatives of each of the programs which receive
Federal funding under this part;
``(2) a representative from the Office of the Governor;
``(3) a representative from the Office of Hawaiian Affairs;
``(4) representatives of other Native Hawaiian Educational
organizations and Native Hawaiian organizations which receive
Federal or state education funds; and
``(5) parent, student, educator and community
organizations.
``(c) Conditions and Terms.--All members of the Council
shall be residents of the State of Hawaii, and at least half
of the members shall be Native Hawaiian. Members of the
Council shall be appointed for five year terms.
``(d) Duties and Responsibilities.--(1) The Council shall
provide direction and guidance to appropriate Federal, State,
and local agencies to focus resources, including those made
available by this title on Native Hawaiian Education.
``(2) The Council is authorized to make available to
Congress any information, advice, and recommendations that
the Council is authorized to give to the Secretary.
``(3) The Secretary shall, whenever practicable, consult
with the Council before taking any significant action related
to the education of Native Hawaiians. Any advice or
recommendation made by the Council to the Secretary shall
reflect the independent judgment of the Council on the matter
concerned.
``(e) Administrative Provisions.--The Council shall meet at
the call of the Chair, or upon the request of the majority of
the Council, but in any event not less than twice during each
calendar year. All matters relating to, or proceedings of,
the Council need not comply with the Federal Advisory
Committee Act.
``(f) Compensation.--A member of the Native Hawaiian
Council shall not receive any compensation for service on the
Council.
``(g) Annual Report.--The Council shall present to the
Secretary an annual report on its activities.
``(h) Report to Congress.--Not later than 4 years after the
date of the enactment of the Improving America's Schools Act,
the Secretary shall prepare and submit to the Senate
Committee on Indian Affairs and the House Committee on
Education and Labor, a report which summarizes the annual
reports of the Native Hawaiian Council, describes the
allocation and utilization of monies under this part, and
contains recommendations for changes in Federal, State, and
local policy to advance the purposes of this part.
``SEC. 3805. NATIVE HAWAIIAN LANGUAGE IMMERSION PROJECT.
``(a) Native Hawaiian Language Immersion Authority.--In
order to continue the state-wide effort at revitalizing the
Native Hawaiian Language through the Punana Leo Project and
the State of Hawaii's immersion project, the Secretary shall
make direct grants to--
``(1) Aha Punana Leo for the continued maintenance of the
Punana Leo Project, a
[[Page 525]]
family-based Hawaiian Immersion pre-school program;
``(2) the State of Hawaii for education support services
for the State of Hawaii's Hawaiian Immersion Program; and
``(3) the State of Hawaii to establish a center for Native
Hawaiian curriculum development and teacher training.
``(b) Administrative Costs.--No more than 7 percent of the
funds appropriated to carry out the provisions of this
section for any fiscal year may be used for administrative
purposes.
``(c) Authorization of Appropriations.--There is authorized
to be appropriated $1,500,000 for fiscal year 1995 and such
sums as may be necessary for fiscal years 1996 through 1999.
Such funds shall remain available until expended.
``SEC. 3806. NATIVE HAWAIIAN FAMILY-BASED EDUCATION CENTERS.
``(a) General Authority.--The Secretary shall make direct
grants to Native Hawaiian Organizations (including Native
Hawaiian Educational Organizations) to develop and operate a
minimum of eleven Family-Based Education Centers throughout
the Hawaiian Islands. Such centers shall include--
``(1) Parent-Infant programs (prenatal through age 3);
``(2) Preschool programs for four and five year-olds;
``(3) continued research and development; and
``(4) long term followup and assessment program.
``(b) Administrative Costs.--No more than 7 percent of the
funds appropriated to carry out the provisions of this
section for any fiscal year may be used for administrative
purposes.
``(c) Authorization of Appropriations.--In addition to any
other amount authorized for the centers described in
subsection (a), there is authorized to be appropriated
$6,000,000 for fiscal year 1995 and such sums as may be
necessary for fiscal years 1996 through 1999. Such funds
shall remain available until expended.
``SEC. 3807. NATIVE HAWAIIAN HIGHER EDUCATION DEMONSTRATION
PROGRAM.
``(a) Higher Education General Authority.--The Secretary
shall make grants to the Kamehameha Schools/Bernice Pauahi
Bishop Estate for a demonstration program to provide Higher
Education fellowship assistance to Native Hawaiian students.
The demonstration program under this program may include--
``(1) full or partial fellowship support for Native
Hawaiian students enrolled at an accredited two or four year
degree granting institution of higher education with awards
to be based on academic potential and financial need;
``(2) counseling and support services for such students
receiving fellowship assistance pursuant to subsection (a)(1)
of this section;
``(3) college preparation and guidance counseling at the
secondary school level for students who may be eligible for
fellowship assistance pursuant to subsection (a)(1) of this
section;
``(4) appropriate research and evaluation of the activities
authorized by this section; and
``(5) implementation of faculty development programs for
the improvement and matriculation of Native Hawaiian
students.
``(b) Grants Authorized.--The Secretary shall make grants
to Kamehameha Schools/Bernice Pauahi Bishop Estate for a
demonstration project of fellowship assistance for Native
Hawaiian students in post-bachelor degree programs. Such
project may include--
``(1) full or partial fellowship support for Native
Hawaiian students enrolled at an accredited post-bachelor
degree granting institution of higher education, with
priority given to professions in which Native Hawaiians are
under-represented and with awards to be based on academic
potential and financial need;
``(2) counseling and support services for such students
receiving fellowship assistance pursuant to subsection (b)(1)
of this section; and
``(3) appropriate research and evaluation of the activities
authorized by this section.
``(c) Special Condition Required.--For the purpose of
subsection (b) fellowship conditions shall be established
whereby recipients obtain an enforceable contract obligation
to provide their professional services, either during their
fellowship or upon completion of post-bachelor degree
program, to the Native Hawaiian community within the State of
Hawaii.
``(d) Special Rule.--No policy shall be made in
implementing this Section to prevent a Native Hawaiian
student enrolled at an accredited two or four year degree
granting institution of higher education outside of the State
of Hawaii from receiving a fellowship pursuant to paragraphs
(a) and (b) of this section.
``(e) Administrative Costs.--No more than 7 percent of the
funds appropriated to carry out the provisions of this
section for any fiscal year may be used for administrative
purposes.
``(f) Authorization of Appropriations.--
``(1) There are authorized to be appropriated $2,000,000
for fiscal year 1995 and such sums as may be necessary for
fiscal years 1996 through 1999 for the purpose of funding the
fellowship assistance demonstration project under subsection
(a).
``(2) There are authorized to be appropriated $1,500,000
for fiscal year 1995 and such sums as may be necessary for
fiscal years 1996 through 1999 for the purpose of funding the
fellowship assistance demonstration project provided under
subsection (b).
``(3) Funds appropriated under the authority of this
subsection shall remain available until expended.
``SEC. 3808. NATIVE HAWAIIAN GIFTED AND TALENTED
DEMONSTRATION PROGRAM.
``(a) Gifted and Talented Demonstration Authority.--
``(1) The Secretary shall provide a grant to, or enter into
a contract with, the University of Hawaii at Hilo for--
``(A) the establishment of a Native Hawaiian Gifted and
Talented Center at the University of Hawaii at Hilo, and
``(B) for demonstration projects designed to--
(i) address the special needs of Native Hawaiian elementary
and secondary school students who are gifted and talented
students, and
(ii) provide those support services to their families that
are needed to enable such students to benefit from the
project.
Such grant or contract shall be subject to the availability
of appropriated funds and, contingent on satisfactory
performance by the grantee, shall be provided for a term of 3
years.
``(2) After the term of the grant or contract provided, or
entered into, under paragraph (1) has expired, the Secretary
shall, for the purposes described in subparagraphs (A) and
(B) of paragraph (1), provide a grant to, or enter into a
contract with, the public, 4-year, fully accredited
institution of higher education located in the State of
Hawaii which has made the greatest contribution to Native
Hawaiian students. Such grant or contract shall be provided
on an annual basis. The grantees shall be authorized to
subcontract when appropriate, including with the Children's
Television Workshop.
``(b) Uses of Funds.--Demonstration projects funded under
this section may include--
``(1) the identification of the special needs of gifted and
talented students, particularly at the elementary school
level, with attention to--
``(A) the emotional and psychosocial needs of these
students, and
``(B) the provision of those support services to their
families that are needed to enable these students to benefit
from the projects;
``(2) the conduct of educational, psychosocial, and
developmental activities which hold reasonable promise of
resulting in substantial progress toward meeting the
educational needs of such gifted and talented children,
including, but not limited to, demonstrating and exploring
the use of the Native Hawaiian language and exposure to
Native Hawaiian cultural traditions;
``(3) the use of public television in meeting the special
educational needs of such gifted and talented children;
``(4) leadership programs designed to replicate programs
for such children throughout the State of Hawaii and to other
Native American peoples, including the dissemination of
information derived from demonstration projects conducted
under this section; and
``(5) appropriate research, evaluation, and related
activities pertaining to--
``(A) the needs of such children, and
``(B) the provision of those support services to their
families that are needed to enable such children to benefit
from the projects.
``(c) Information Provision.--The Secretary shall
facilitate the establishment of a national network of Native
Hawaiian and American Indian Gifted and Talented Centers, and
ensure that the information developed by these centers shall
be readily available to the educational community at large.
``(d) Administrative Costs.--No more than 7 percent of the
funds appropriated to carry out the provisions of this
section for any fiscal year may be used for administrative
purposes.
``(e) Authorization of Appropriations.--In addition to any
other amount authorized for projects described in this
section there are authorized to be appropriated $2,000,000
for fiscal year 1995 and such sums as may be necessary for
fiscal years 1996 through 1999. Such funds shall remain
available until expended.
``SEC. 3809. NATIVE HAWAIIAN SPECIAL EDUCATION PROGRAM.
``(a) Special Education Authority.--The Secretary shall
make grants to, and enter into contracts with, Pihana Na
Mamo, to operate projects to address the special education
needs of Native Hawaiian students. Such projects assisted
under this section may include--
``(1) the identification of Native Hawaiian children who
are learning disabled, mentally or physically handicapped,
educable mentally retarded, or otherwise in need of special
educational services;
``(2) the identification of special education needs of such
children, particularly at the elementary school level, with
attention to--
``(A) the emotional and psychosocial needs of these
students, and
``(B) the provision of those support services to their
families that are needed to enable such children to benefit
from the projects.
``(b) Administrative Costs.--No more than 7 percent of the
funds appropriated to carry out the provisions of this
section for any fiscal year may be used for administrative
purposes.
``(c) Matching Funds.--(1) The Secretary may not make a
grant or provide funds pursuant to a contract under this
subsection--
[[Page 526]]
``(A) in an amount exceeding 83.3 percent of the costs of
providing health services under the grant or contract; and
``(B) unless Pihana Na Mamo agrees that the State of
Hawaii, the Office of Hawaiian Affairs, or any other non-
Federal entity will make available, directly or through
donations to the Native Hawaiian Special Education Project,
non-Federal contributions toward such costs in an amount
equal to not less than $1 (in cash or in kind under paragraph
(2)) for each $5 of Federal funds provided in such grant or
contract.
``(2) Non-Federal contributions required in paragraph (1)
may be in cash or in kind, fairly evaluated, including plant,
equipment, or services. Amounts provided by the Federal
Government or services assisted or subsidized to any
significant extent by the Federal Government may not be
included in determining the amount of non-Federal
contributions.
``(d) Authorization of Appropriations.--In addition to any
other amount authorized for such project, there is authorized
to be appropriated $2,000,000 for fiscal year 1995 and such
sums as may be necessary for fiscal years 1996 through 1999.
Such funds shall remain available until expended.
``SEC. 3810. ADMINISTRATIVE PROVISIONS.
``(a) Application Required.--No grant may be made under
this part, nor any contract be entered into under this part,
unless an application is submitted to the Secretary in such
form, in such manner, and containing such information as the
Secretary may determine necessary to carry out the provisions
of this title.
``(b) Special Rule.--Each application submitted under this
title shall be accompanied by the comments of each local
educational agency serving students who will participate in
the project for which assistance is sought.
``SEC. 3811. DEFINITIONS.
``For the purposes of this part--
``(1) The term `Native Hawaiian' means any individual who
is--
``(A) a citizen of the United States,
``(B) a resident of the State of Hawaii, and
``(C) a descendant of the aboriginal people, who prior to
1778, occupied and exercised sovereignty in the area that now
comprises the State of Hawaii, as evidenced by--
``(i) genealogical records,
``(ii) Kupuna (elders) or Kama'aina (long-term community
residents) verification, or
``(iii) birth records of the State of Hawaii.
``(2) The term `Secretary' means the Secretary of
Education.
``(3) The term `Native Hawaiian Educational Organization'
means a private nonprofit organization that--
``(A) serves the interests of Native Hawaiians,
``(B) has Native Hawaiians in substantive and policy-making
positions within the organizations,
``(C) has a demonstrated expertise in the education of
Native Hawaiian youth, and
``(D) has demonstrated expertise in research and program
development.
``(4) The term `Native Hawaiian Organization' means a
private nonprofit organization that--
``(A) serves the interests of Native Hawaiians,
``(B) has Native Hawaiians in substantive and policy-making
positions within the organizations, and
``(C) is recognized by the Governor of Hawaii for the
purpose of planning, conducting, or administering programs
(or portions of programs) for the benefit of Native
Hawaiians.
``(5) The term `elementary school' has the same meaning
given that term under section 9101 of this Act.
``(6) The term `local educational agency' has the same
meaning given that term under section 9101 of this Act.
``(7) The term `secondary school' has the same meaning
given that term under section 9101 of this Act.
``PART H--ALLEN J. ELLENDER FELLOWSHIP PROGRAM
``SEC. 3901. FINDINGS.
``The Congress makes the following findings:
``(1) It is a worthwhile goal to ensure that all students
in America are prepared for responsible citizenship and that
all students should have the opportunity to be involved in
activities that promote and demonstrate good citizenship.
``(2) It is a worthwhile goal to ensure that America's
educators have access to programs for the continued
improvement of their professional skills.
``(3) Allen J. Ellender, a Senator from Louisiana and
President pro tempore of the United States Senate, had a
distinguished career in public service characterized by
extraordinary energy and real concern for young people.
Senator Ellender provided valuable support and encouragement
to the Close Up Foundation, a nonpartisan, nonprofit
foundation promoting knowledge and understanding of the
Federal Government among young people and educators.
Therefore, it is a fitting and appropriate tribute to Senator
Ellender to provide fellowships in his name to students of
limited economic means, the teachers who work with them and
older Americans so that they may participate in the programs
supported by the Close Up Foundation.
``Subpart 1--Program for Middle and Secondary School Students
``SEC. 3911. ESTABLISHMENT.
``(a) General Authority.--The Secretary is authorized to
make grants in accordance with the provisions of this title
to the Close Up Foundation of Washington, District of
Columbia, a nonpartisan, nonprofit foundation, for the
purpose of assisting the Close Up Foundation in carrying out
its programs of increasing understanding of the Federal
Government among middle and secondary school students.
``(b) Use of Funds.--Grants under this title shall be used
only for financial assistance to economically disadvantaged
students who participate in the program described in
subsection (a) of this section. Financial assistance received
pursuant to this title by such students shall be known as
Allen J. Ellender fellowships.
``SEC. 3912. APPLICATIONS.
``(a) Application Required.--No grant under this title may
be made except upon an application at such time, in such
manner, and accompanied by such information as the Secretary
may reasonably require.
``(b) Contents of Application.--Each such application shall
contain provisions to assure--
``(1) that fellowship grants are made to economically
disadvantaged middle and secondary school students;
``(2) that every effort will be made to ensure the
participation of students from rural and small town areas, as
well as from urban areas, and that in awarding fellowships to
economically disadvantaged students, special consideration
will be given to the participation of students with special
educational needs, including physically challenged students,
visually- and hearing-impaired students, ethnic minority
students, and gifted and talented students; and
``(3) the proper disbursement of the funds of the United
States received under this title.
``Subpart 2--Program for Middle and Secondary School Teachers
``SEC. 3915. ESTABLISHMENT.
``(a) General Authority.--The Secretary is authorized to
make grants in accordance with the provisions of this title
to the Close Up Foundation of Washington, District of
Columbia, a nonpartisan, nonprofit foundation, for the
purpose of assisting the Close Up Foundation in carrying out
its programs of teaching skills enhancement for middle and
secondary school teachers.
``(b) Use of Funds.--Grants under this title shall be used
only for financial assistance to teachers who participate in
the program described in subsection (a) of this section.
Financial assistance received pursuant to this title by such
individuals shall be known as Allen J. Ellender fellowships.
``SEC. 3916. APPLICATIONS.
``(a) Application Required.--No grant under this subpart
may be made except upon an application at such time, in such
manner, and accompanied by such information as the Secretary
may reasonably require.
``(b) Contents of Application.--Each such application shall
contain provisions to assure--
``(1) that fellowship grants are made only to teachers who
have worked with at least one student from his or her school
who participates in the programs described in section 101(a);
``(2) that not more than one teacher in each school
participating in the programs provided for in section 101(a)
may receive a fellowship in any fiscal year; and
``(3) the proper disbursement of the funds of the United
States received under this title.
``Subpart 3--Programs for Recent Immigrants, Students of Migrant
Parents and Older Americans
``SEC. 3921. ESTABLISHMENT.
``(a) General Authority.--(1) The Secretary is authorized
to make grants in accordance with the provisions of this
title to the Close Up Foundation of Washington, District of
Columbia, a nonpartisan, nonprofit foundation, for the
purpose of assisting the Close Up Foundation in carrying out
its programs of increasing understanding of the Federal
Government among economically disadvantaged older Americans,
recent immigrants and students of migrant parents.
``(2) For the purpose of this subpart, the term `older
American' means an individual who has attained 55 years of
age.
``(b) Use of Funds.--Grants under this subpart shall be
used only for financial assistance to economically
disadvantaged older Americans, recent immigrants and students
of migrant parents who participate in the program described
in subsection (a) of this section. Financial assistance
received pursuant to this subpart by such individuals shall
be known as Allen J. Ellender fellowships.
``SEC. 3922. APPLICATIONS.
``(a) Application Required.--No grant under this subpart
may be made except upon application at such time, in such
manner, and accompanied by such information as the Secretary
may reasonably require.
``(b) Contents of Application.--Each such application shall
contain provisions to assure--
``(1) that fellowship grants are made to economically
disadvantaged older Americans, recent immigrants and students
of migrant parents;
``(2) that every effort will be made to ensure the
participation of older Americans, recent immigrants and
students of migrant parents from rural and small town areas,
as well as from urban areas, and that in awarding
fellowships, special consideration will be given to the
participation of older Ameri-
[[Page 527]]
cans, recent immigrants and students of migrant parents with
special needs, including physically challenged individuals,
visually- and hearing-impaired individuals, ethnic
minorities, and gifted and talented students;
``(3) that activities permitted by section 301(a) are fully
described; and
``(4) the proper disbursement of the funds of the United
States received under this title.
``Subpart 4--General Provisions
``SEC. 3925. ADMINISTRATIVE PROVISIONS.
``(a) General Rule.--Payments under this part may be made
in installments, in advance, or by way of reimbursement, with
necessary adjustments on account of underpayment or
overpayment.
``(b) Audit Rule.--The Comptroller General of the United
States or any of the Comptroller General's duly authorized
representatives shall have access for the purpose of audit
and examination to any books, documents, papers, and records
that are pertinent to any grant under this part.
``SEC. 3926. AUTHORIZATION OF APPROPRIATIONS.
``(a) There are authorized to be appropriated to carry out
the provisions of subparts 1, 2, and 3 of this part
$4,400,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``(b) Of the funds appropriated pursuant to subsection (a),
not more than 30 percent may be used for teachers associated
with students participating in the programs described in
section 3911(a).
``PART I--TERRITORIAL EDUCATION IMPROVEMENT PROGRAM
``SEC. 3931. FINDINGS AND PURPOSES.
``(a) Findings.--The Congress finds that--
``(1) the attainment of a high quality education is
important to a society and to each individual;
``(2) it is the policy of the United States that all
citizens have a fair opportunity to receive a high quality
education;
``(3) such opportunity should extend to United States
citizens and nationals residing in the outlying areas;
``(4) reports show that the outlying areas have repeatedly
placed last in national education tests which measure
knowledge in core subject areas;
``(5) all students must realize their potential if the
United States is to prosper; and
``(6) students in the outlying areas require additional
assistance if they are to obtain the high standards
established for all students in the United States.
``(b) Purposes.--The purpose of this part is to authorize
an education improvement program for the United States Virgin
Islands, Guam, American Samoa, the Northern Mariana Islands,
and Palau which will assist in developing programs which will
enhance student learning, increase the standard of education,
and improve the performance levels of all students.
``SEC. 3932. GRANT AUTHORIZATION.
``The Secretary is authorized to make grants to the Virgin
Islands, Guam, American Samoa, the Northern Mariana Islands
and Palau, until the effective date of the Compact of Free
Association with the Government of Palau, to fund innovative
education improvement programs which will increase student
learning.
``SEC. 3933. RESTRICTIONS.
``(a) Construction.--No funds from a grant under section
3922 may be used for construction.
``(b) Full Use.--If funds authorized under section 3922 are
not fully committed within the period of the grant, the grant
for the next period shall be reduced by the amount of funds
not fully committed.
``SEC. 3934. AUTHORIZATION.
``There are authorized to be appropriated for grants under
section 3922 $5,000,000 for each of the fiscal years 1994
through 1999.
``TITLE IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
``SEC. 4001. SHORT TITLE.
``This title may be cited as the `Safe and Drug-Free
Schools and Communities Act of 1994'.
``SEC. 4002. FINDINGS.
``The Congress finds as follows:
``(1) National Education Goal Six provides that by the year
2000, all schools in America will be free of drugs and
violence and offer a disciplined environment that is
conducive to learning.
``(2) The widespread illegal use of alcohol and other drugs
among the Nation's secondary school students, and
increasingly by students in elementary schools as well,
constitutes a grave threat to their physical and mental well-
being, and significantly impedes the learning process. For
example, data show that students who drink tend to receive
lower grades and are more likely to miss school because of
illness than students who do not drink.
``(3) Our Nation's schools and communities are increasingly
plagued by violence and crime. Approximately three million
thefts and violent crimes occur in or near our Nation's
schools every year, the equivalent of more than 16,000
incidents per school day. Approximately one of every five
high school students now carries a firearm, knife, or club on
a regular basis.
``(4) The tragic consequences of violence and the illegal
use of alcohol and drugs by students are felt not only by
students and their families, but by their communities and the
Nation, which can ill afford to lose their skills, talents,
and vitality.
``(5) While use of illegal drugs is a serious problem among
a minority of teenagers, alcohol use is far more widespread.
The proportion of high school students using alcohol, though
lower than a decade ago, remains unacceptably high. By the
8th grade, 70 percent of youth report having tried alcohol
and by the 12th grade, about 88 percent have used alcohol.
Alcohol use by young people can and does have adverse
consequences for users, their families, communities, schools,
and colleges.
``(6) Every day approximately 3,000 children start smoking
for the first time and 30 percent of all high school seniors
are smokers. Half of all new smokers begin before the age of
14, 90 percent before the age of 21, and the average age of
the first use of smokeless tobacco products is under the age
of 10. Use of tobacco products has been linked to serious
health problems. However, because the nicotine in tobacco is
an addictive substance, many tobacco users find it difficult
to stop using tobacco once they have started. Drug education
and prevention programs that include tobacco have been
effective in reducing teenage use of tobacco. Drug prevention
programs for youth that address only controlled drugs send an
erroneous message that the use of tobacco does not have
adverse consequences. To be credible, messages opposing
illegal drug use by youth should also address other harmful
substances.
``(7) Drug and violence prevention programs are essential
components of a comprehensive strategy to promote school
safety and to reduce the demand for and use of drugs
throughout the Nation. Schools and local organizations in
communities throughout the Nation have a special
responsibility to work together to combat the growing
epidemic of violence and illegal drug use and should measure
the success of their programs against clearly defined goals
and objectives.
``(8) Students must take greater responsibility for their
own well-being, health, and safety if schools and communities
are to achieve their goals of providing a safe, disciplined,
and drug-free learning environment.
``SEC. 4003. PURPOSE.
``The purpose of this title is to support programs to meet
Goal Six of the National Educational Goals by preventing
violence in and around schools and by strengthening programs
that prevent the illegal use of alcohol and drugs, involve
parents, and are coordinated with related Federal, State, and
community efforts and resources, through the provision of
Federal assistance to--
``(1) States for grants to local and intermediate
educational agencies and consortia to establish, operate, and
improve local programs of school drug and violence
prevention, early intervention, rehabilitation referral, and
education in elementary and secondary schools (including
intermediate and junior high schools);
``(2) States for grants to local and intermediate
educational agencies and consortia for grants to, and
contracts with, community-based organizations and other
public and private non-profit agencies and organizations for
programs of drug and violence prevention, early intervention,
rehabilitation referral, and education;
``(3) States for development, training, technical
assistance, and coordination activities;
``(4) public and private non-profit organizations to
conduct training, demonstrations, and evaluation, and to
provide supplementary services for the prevention of drug use
and violence among students and youth; and
``(5) institutions of higher education for the development
and implementation of model programs and strategies to
promote the safety of students attending institutions of
higher education by preventing violent behavior and the
illegal use of alcohol and drugs by such students.
``SEC. 4004. FUNDING.
``(a) Authorization of Appropriations.--There are
authorized to be appropriated--
``(1) for State grants under part A, $630,000,000 for
fiscal year 1995 and such sums as may be necessary for each
of fiscal years 1996 through 1999; and
``(2) for national programs under part B, $25,000,000 for
fiscal year 1995 and such sums as may be necessary for each
of fiscal years 1996 through 1999.
``(b) Availability.--(1) Appropriations for any fiscal year
for payments made under this title in accordance with
regulations of the Secretary may be made available for
obligation or expenditure by the agency or institution
concerned on the basis of an academic or school year
differing from such fiscal year.
``(2) Funds appropriated for any fiscal year under this
title shall remain available for obligation and expenditure
until the end of the fiscal year succeeding the fiscal year
for which such funds were appropriated.
``PART A--STATE GRANTS FOR DRUG AND VIOLENCE PREVENTION PROGRAMS
``SEC. 4101. RESERVATIONS AND ALLOTMENTS.
``(a) Reservations.--From the amount appropriated for each
fiscal year under section 4004(a)(1), the Secretary--
``(1) shall reserve 1 percent of such amount for grants
under this part to Guam, American Samoa, the Virgin Islands,
the Commonwealth of the Northern Mariana Islands, and Palau
(until the effective date of the Compact of Free Association
with the Government of Palau), to be allotted in accordance
with their respective needs;
[[Page 528]]
``(2) shall reserve 1 percent of such amount for the
Secretary of the Interior to carry out programs under this
part for Indian youth;
``(3) shall reserve 0.2 percent for programs for Native
Hawaiians under section 4202; and
``(4) may reserve no more than $1,000,000 for the national
impact evaluation required by section 4106(a).
``(b) State Allotments.--(1) Except as provided under
paragraph (2), the Secretary shall, for each fiscal year,
allocate among the States--
``(A) one-half of the remainder not reserved under
subsection (a) according to the ratio between the school-aged
population of each State and the school-aged population of
all the States; and
``(B) one-half of such remainder according to the ratio
between the amount each State received under section 1124 and
1124A of this Act for the preceding year (or, for fiscal year
1995 only, sections 1005 and 1006 of this Act as in effect on
the day before enactment of the Safe and Drug-Free Schools
and Communities Act Amendments of 1994) and the sum of such
amounts received by all the States.
``(2) For any fiscal year, no State shall be allotted under
this subsection an amount that is less than one-half of 1
percent of the total amount allotted to all the States under
this subsection.
``(3) The Secretary may reallot any amount of any allotment
to a State if the Secretary determines that the State will be
unable to use such amount within two years of such allotment.
Such reallotments shall be made on the same basis as
allotments made under paragraph (1).
``(4) For the purpose of this subsection, the term `State'
means each of the 50 States, the District of Columbia, and
the Commonwealth of Puerto Rico.
``SEC. 4102. STATE APPLICATIONS.
``(a) In General.--In order to receive its allotment under
section 4101 for any fiscal year, a State shall submit to the
Secretary, at such time as the Secretary may require, an
application that--
``(1)(A)(i) is integrated into the State's plan, either
approved or being developed, under title III of the Goals
2000: Educate America Act, and satisfies the requirements of
this section that are not already addressed by that plan; and
``(ii) is submitted, if necessary, as an amendment to the
State's plan under title III of the Goals 2000: Educate
America Act; or
``(B) if the State does not have an approved plan under
title III of the Goals 2000: Educate America Act and is not
developing such a plan, is integrated with other State plans
under this Act and satisfies the requirements of this
section;
``(2) contains the results of the State's needs assessment
for drug and violence prevention programs, which shall be
based on the results of on-going State evaluation activities,
including data on the prevalence of drug use and violence by
youth in schools and communities;
``(3) has been developed in consultation with the chief
executive officer, the head of the State alcohol and drug
abuse agency, the heads of the State health and mental health
agencies, the head of the State child welfare agency, and the
heads of the State criminal and juvenile justice planning
agencies;
``(4) contains a description of the procedures the State
educational agency will use to review applications from local
educational agencies under section 4104;
``(5) contains an assurance that the State will cooperate
with, and assist, the Secretary in conducting a national
impact evaluation of programs required by section 4106(a);
and
``(6) includes any other information the Secretary may
require.
``(b) State Educational Agency Funds.--A State's
application under this section shall also contain a
comprehensive plan for the use of funds under section 4103(a)
by the State educational agency that includes--
``(1) a statement of the State educational agency's
measurable goals and objectives for drug and violence
prevention and a description of the procedures it will use
for assessing and publicly reporting progress toward meeting
those goals and objectives;
``(2) a plan for monitoring the implementation of, and
providing technical assistance regarding, the drug and
violence prevention programs conducted by local educational
agencies in accordance with section 4105;
``(3) a description of how the State educational agency
will use funds it reserves under section 4103(b);
``(4) a description of how the State educational agency
will coordinate its activities under this part with drug and
violence prevention efforts of other State agencies; and
``(5) an explanation of the criteria the State educational
agency will use to identify which local educational agencies
receive supplemental funds under section 4103(d)(2)(A)(i)(II)
and how the supplemental funds will be allocated among those
local educational agencies.
``(c) Governor's Funds.--A State's application under this
section shall also contain a comprehensive plan for the use
of funds under section 4103A by the chief executive officer
that includes--
``(1) a statement of the chief executive officer's
measurable goals and objectives for drug and violence
prevention and a description of the procedures to be used for
assessing and publicly reporting progress toward meeting
those goals and objectives;
``(2) a description of how the chief executive officer will
coordinate his or her activities under this part with the
State educational agency and other State agencies and
organizations involved with drug and violence prevention
efforts;
``(3) a description of how funds reserved under section
4103A will be used so as not to duplicate the efforts of the
State educational agency and local educational agencies with
regard to the provision of school-based prevention efforts
and services and how those funds will be used to serve
populations not normally served by the State educational
agency, such as school dropouts and youth in detention
centers;
``(4) a description of how the chief executive officer will
award funds under section 4103A and a plan for monitoring the
performance of, and providing technical assistance to,
recipients of such funds; and
``(5) a description of how funds will be used to support
community-wide comprehensive drug and violence prevention
planning.
``(d) Peer Review.--The Secretary shall use a peer review
process in reviewing State applications under this section.
``(e) Interim Application.--Notwithstanding any other
provisions of this section, a State may submit for fiscal
year 1995 a one-year interim application and plan for the use
of funds under this part that are consistent with the
requirements of this section and contain such information as
the Secretary may specify in regulations. The purpose of such
interim application and plan shall be to afford the State the
opportunity to fully develop and review its application and
comprehensive plan otherwise required by this section. A
State may not receive a grant under this part for a fiscal
year subsequent to fiscal year 1995 unless the Secretary has
approved its application and comprehensive plan.
``SEC. 4103. STATE AND LOCAL EDUCATIONAL AGENCY PROGRAMS.
``(a) Use of Funds.--(1) Except as provided in paragraph
(2), an amount equal to 80 percent of the total amount
allocated to a State under section 4101 for each fiscal year
shall be used by the State educational agency and its local
educational agencies for drug and violence prevention
activities in accordance with this section.
``(2)(A) If a State has, on or before January 1, 1994,
established an independent State agency for the purpose of
administering all of the funds described in section 5121 of
the Elementary and Secondary Education Act of 1965 (as such
section was in effect on the day before the date of the
enactment of the Improving America's Schools Act of 1994),
then--
``(i) an amount equal to 70 percent of the total amount
allocated to such State under section 4101 for each fiscal
year shall be used by the State educational agency and its
local educational agencies for drug and violence prevention
activities in accordance with this section; and
``(ii) an amount equal to 30 percent of such total amount
shall be used by such independent State agency for drug and
violence prevention activities in accordance with section
5122 of the Elementary and Secondary Education Act of 1965
(as such section was in effect on the day before the date of
the enactment of the Improving America's Schools Act of
1994).
``(B) Not more than 2.5 percent of the amount reserved
under subparagraph (A)(ii) may be used for administrative
costs of the independent State agency incurred in carrying
out the activities described in such subparagraph.
``(C) For purposes of this paragraph, the term `independent
State agency' means an independent agency with a board of
directors or a cabinet level agency whose chief executive
officer is appointed by the chief executive officer of the
State and confirmed with the advice and consent of the senate
of such State.
``(b) State Level Programs.--(1) A State educational agency
shall use no more than five percent of the amount reserved
under subsection (a) for activities such as--
``(A) training and technical assistance concerning drug and
violence prevention for local and intermediate educational
agencies, including teachers, administrators, counselors,
coaches and athletic directors, other educational personnel,
parents, students, community leaders, health service
providers, local law enforcement officials, and judicial
officials;
``(B) the development, identification, dissemination and
evaluation of the most readily available, accurate, and up-
to-date curriculum materials (including videotapes, software,
and other technology-based learning resources), for
consideration by local educational agencies;
``(C) demonstration projects in drug and violence
prevention;
``(D) financial assistance to enhance resources available
for drug and violence prevention in areas serving large
numbers of economically disadvantaged children or sparsely
populated areas, or to meet other special needs consistent
with the purposes of this part; and
``(E) the evaluation of activities carried out within the
State under this part.
``(2) A State educational agency may carry out activities
under this subsection directly, or through grants or
contracts.
``(c) State Administration.--A State educational agency may
use no more than four percent of the amount reserved under
subsection (a) for the administrative costs of carrying out
its responsibilities under this part.
``(d) Local Educational Agency Programs.--(1) A State
educational agency shall distribute not less than 92 percent
of the amount reserved under subsection (a) for
[[Page 529]]
each fiscal year to local educational agencies in accordance
with this subsection.
``(2)(A)(i) Of the amount distributed under subsection
(d)(1), a State educational agency shall distribute--
``(I) 70 percent of such amount to local educational
agencies, based on the relative enrollments in public and
private non-profit schools within their boundaries; and
``(II) 30 percent of such amount to local educational
agencies that the State educational agency determines have
the greatest need for additional funds to carry out drug and
violence prevention programs authorized by this part.
``(ii) To the extent practicable, not less than 25 percent
of the amount specified in clause (i)(II) for a fiscal year
shall be distributed to local educational agencies located in
rural areas.
``(B)(i) A State educational agency shall distribute funds
under subparagraph (A)(i)(II) to no more than ten percent of
its local educational agencies, or five such agencies,
whichever is greater.
``(ii) In determining which local educational agencies have
the greatest need for additional funds, the State educational
agency shall consider such factors as--
``(I) high rates of alcohol or other drug use among youth;
``(II) high rates of victimization of youth by violence and
crime;
``(III) high rates of arrests and convictions of youth for
violent or drug- or alcohol-related crime;
``(IV) the extent of illegal gang activity;
``(V) high rates of referrals of youths to drug and alcohol
abuse treatment and rehabilitation programs;
``(VI) high rates of referrals of youths to juvenile court;
``(VII) high rates of expulsions and suspensions of
students from schools; and
``(VIII) high rates of reported cases of child abuse and
domestic violence.
``(e) Reallocation of Funds.--If a local educational agency
chooses not to apply to receive the amount allocated to it
under subsection (d), or if its application under section
4104 is disapproved by the State educational agency, the
State educational agency shall reallocate such amount to one
or more of the local education agencies determined by the
State educational agency under subsection (d)(2)(B) to have
the greatest need for additional funds.
``(f) Return of Funds to State Educational Agency;
Reallocation.--(1) Except as provided in paragraph (2), upon
the expiration of the 1-year period beginning on the date
that a local educational agency, intermediate educational
agency, or consortium under this title receives its
allocation under this title--
``(A) such agency or consortium shall return to the State
educational agency any funds from such allocation that remain
unobligated; and
``(B) the State educational agency shall reallocate any
such amount to local educational agencies, intermediate
educational agencies, or consortia that have plans for using
such amount for programs or activities on a timely basis.
``(2) In any fiscal year, a local educational agency,
intermediate educational agency, or consortium may retain for
obligation in the succeeding fiscal year--
``(A) an amount equal to not more than 25 percent of the
allocation it receives under this title for such fiscal year;
or
``(B) upon a demonstration of good cause by such agency or
consortium, a greater amount approved by the State
educational agency.
``SEC. 4103A. GOVERNOR'S PROGRAMS.
``(a) Use of Funds.--(1) An amount equal to 20 percent of
the total amount allocated to a State under section 4101 for
each fiscal year shall be used by the chief executive officer
of such State for drug and violence prevention programs and
activities in accordance with this section.
``(2) A chief executive officer shall use not less than 10
percent of the 20 percent of the total amount described in
paragraph (1) for each fiscal year for drug abuse resistance
education programs in accordance with subsection (e).
``(3) A chief executive officer may use no more than five
percent of the 20 percent of the total amount described in
paragraph (1) for the administrative costs in curred in
carrying out the duties of such officer under this section.
``(b) Advisory Panel.--
``(1) Establishment.--
``(A) In general.--Except as provided in subparagraph (B),
a chief executive officer shall establish an advisory panel
in accordance with this subsection for the purpose of
developing a plan for the use of funds reserved under
subsection (a)(1).
``(B) Exception.--The chief executive officer of a State
shall be exempt from the requirement under subparagraph (A)
if such State, on or before January 1, 1994, has established
an independent agency as described in section 4103(a)(2)(A).
``(2) Plan.--The advisory panel established under paragraph
(1) shall develop a plan under which--
``(A) existing drug and violence prevention programs,
projects, and activities in the State (including activities
of the State educational agency and local educational
agencies and community-based organizations) that are
determined by the panel to be successful are continued, or,
where appropriate, coordinated with new programs, projects,
and activities established and carried out with funds
reserved under subsection (a)(1); and
``(B) technical assistance and training is provided to
local educational agencies, consortia of such agencies, and
partnerships consisting of such agencies and community-based
organizations, for drug and violence prevention, community
outreach, and mobilization and coordination of alcohol,
tobacco, and other drug prevention programming.
``(3) Meetings.--The advisory panel shall meet at least
once every 2 years after the establishment of the plan
described in paragraph (2) for the purpose of reviewing and
evaluating the use of funds under this section.
``(4) Membership.--
``(A) In general.--The advisory panel shall consist of not
less than 9 members, but not more than 12 members, including
the chief executive officer of the State (or the designee of
such chief executive officer) and at least 1 individual
appointed by such chief executive officer from each of the
following categories:
``(i) Parents.
``(ii) Students.
``(iii) Chief state school officers (or their designees).
``(iv) School administrators or teachers.
``(v) Substance abuse prevention workers or administrators.
``(vi) Community-based providers.
``(vii) Law enforcement officers or district attorneys.
``(viii) Mayors, city councilpersons, or county
commissioners.
``(B) Political affiliation.--Not more than \1/2\ of the
members of the advisory panel may be of the same political
party.
``(C) Compensation.--Members of the advisory panel shall
serve without pay.
``(5) Administrative expenses.--The administrative expenses
of the advisory panel shall be paid for from the State
administrative funds under subsection (a)(2).
``(c) Programs Authorized.--(1) A chief executive officer
shall use funds reserved under subsection (a)(1) for grants
to or contracts with parent groups, community action and job
training agencies, community-based organizations, and other
public entities and private nonprofit organizations. Such
grants or contracts shall support programs and activities
described in subsection (d) for children and youth who are
not normally served by State or local educational agencies,
for populations that need special services or additional
resources (such as preschoolers, youth in juvenile detention
facilities, runaway or homeless children and youth, and
dropouts), or both.
``(2) Grants or contracts awarded under this subsection
shall be subject to a peer review process.
``(d) Authorized Activities.--Grants and contracts under
subsection (c) shall be used for programs and activities such
as--
``(1) disseminating information about drug and violence
prevention;
``(2) training parents, law enforcement officials, judicial
officials, social service providers, health service providers
and community leaders about drug and violence prevention,
education, early intervention, counseling, or rehabilitation
referral;
``(3) developing and implementing comprehensive, community-
based drug and violence prevention programs that link
community resources with schools and integrate services
involving education, vocational and job skills training, law
enforcement, health, mental health, and other appropriate
services;
``(4) planning and implementing drug and violence
prevention activities that coordinate the efforts of State
agencies with those of the State educational agency and its
local educational agencies;
``(5) activities to protect students traveling to and from
school;
``(6) developing and implementing strategies to prevent
illegal gang activity;
``(7) coordinating and conducting community-wide violence
and safety assessments and surveys; and
``(8) evaluating programs and activities under this
section.
``(e) Drug Abuse Resistance Education Programs.--(1) A
chief executive officer shall use funds reserved under
subsection (a)(2) for grants to local educational agencies in
consortium with entities which have experience in assisting
school districts to provide instruction to students grades
kindergarten through 6 to recognize and resist pressures that
influence such students to use controlled substances, as
defined in Schedules I and II of section 202 of the
Controlled Substances Act the possession or distribution of
which is unlawful under such Act, or beverage alcohol, such
as Project Drug Abuse Resistance Education, that meet the
requirements of paragraph (2).
``(2) A local educational agency in consortium with an
entity shall not be eligible for a grant under paragraph (1)
unless such local educational agency in consortium with an
entity will use assistance provided under such grant to
provide or arrange for the provision of services that shall
include--
``(A) drug abuse resistance education instruction for
students grades kindergarten through 6 that is designed to
teach students to recognize and resist pressures to
experiment that influence such children to use controlled
substances, as defined under paragraph (1), or beverage
alcohol, including instruction in the following areas--
``(i) drug use and misuse;
``(ii) understanding the consequences of drug abuse;
``(iii) resistance techniques;
[[Page 530]]
``(iv) assertive response styles;
``(v) managing stress without taking drugs;
``(vi) decisionmaking and risk taking;
``(vii) media influences on drug use;
``(viii) positive alternatives to drug abuse behavior;
``(ix) interpersonal and communication skills;
``(x) self-esteem building activities; and
``(xi) resistance to peer pressure and gang pressures;
``(B) provisions for parental involvement;
``(C) classroom instruction by uniformed law enforcement
officials;
``(D) the use of positive student leaders to influence
younger students not to use drugs;
``(E) an emphasis on activity-oriented techniques designed
to encourage student-generated responses to problem-solving
situations; and
``(F) the awarding of a certificate of achievement to each
student who participates in a drug abuse resistance education
program.
``(3) Amounts received under paragraph (1) by any local
educational agency or entity shall be used only to
supplement, not to supplant, the amount of Federal, State,
and local funds expended for the support of projects of the
type described in paragraph (2).
``SEC. 4104. LOCAL APPLICATIONS.
``(a) In General.--(1) In order to be eligible to receive
an allocation under section 4103(d) for any fiscal year, a
local educational agency shall submit, at such time as the
State educational agency requires, an application to the
State educational agency for approval. Such an application
shall be amended, as necessary, to reflect changes in the
local educational agency's program.
``(2)(A) A local educational agency shall develop its
application under subsection (a)(1) in consultation with a
local or substate regional advisory council that includes, to
the extent possible, representatives of local government,
business, parents, students, teachers, appropriate state
agencies, private schools, the medical profession, law
enforcement, community-based organizations, and other groups
with interest and expertise in drug and violence prevention.
``(B) In addition to assisting the local educational agency
to develop its application under this section, the advisory
council established or designated under paragraph (2)(A)
shall, on an on-going basis--
``(i) disseminate information about drug and violence
prevention programs, projects, and activities conducted
within the boundaries of the local educational agency;
``(ii) advise the local educational agency on how best to
coordinate its activities under this part with other related
programs, projects, and activities, including community
service and service learning projects, and the agencies that
administer them; and
``(iii) review program evaluations and other relevant
material and make recommendations to the local educational
agency on how to improve its drug and violence prevention
programs.
``(b) Contents of Applications.--An application under this
section shall contain--
``(1) an assessment of the current use (and consequences of
such use) of alcohol, tobacco, and controlled, illegal,
addictive or harmful substances as well as the violence,
safety, and discipline problems among students who attend the
schools of the applicant (including private school students
who participate in the applicant's drug and violence
prevention program) that is based on ongoing local assessment
or evaluation activities;
``(2) a detailed explanation of the local educational
agency's comprehensive plan for drug and violence prevention,
which shall include a description of--
``(A) how that plan is consistent with, and promotes the
goals in, the State's application under section 4102 and the
local educational agency's plan, either approved or being
developed, under title III of the Goals 2000: Educate America
Act, or, if the local educational agency does not have such
an approved plan and is not developing one, its plan under
section 1112 of this Act;
``(B) the local educational agency's measurable goals for
drug and violence prevention, and a description of how it
will assess and publicly report progress toward attaining
these goals;
``(C) the local educational agency's comprehensive plan for
programs to be carried out under this part;
``(D) how the local educational agency will use its regular
allocation under section 4103(d)(2)(A)(i)(I) and its
supplemental allocation, if any, under section
4103(d)(2)(A)(i)(II);
``(E) how the local educational agency will coordinate its
programs and projects with community-wide efforts to achieve
its goals for drug and violence prevention; and
``(F) how the local education agency will coordinate its
programs and projects with other Federal, State, and local
programs for drug-abuse prevention, including health
programs; and
``(3) such other information and assurances as the State
educational agency may reasonably require.
``(c) Review of Application.--(1) In reviewing local
applications under this section, a State educational agency
shall use a peer review process or other methods of assuring
the quality of such applications.
``(2)(A) In determining whether to approve the application
of a local educational agency under this section, a State
educational agency shall consider the quality of the local
educational agency's comprehensive plan under subsection
(b)(2) and the extent to which it is consistent with, and
supports, the State's application under section 4102 and the
State's plan under the Goals 2000: Educate America Act, and,
if the State does not have such a plan, its plan under
section 1111 of this Act.
``(B) A State educational agency may disapprove a local
educational agency application under this section in whole or
in part and may withhold, limit, or place restrictions on the
use of funds allotted to such a local educational agency in a
manner the State educational agency determines will best
promote the purposes of this part or the State's plan under
the Goals 2000: Educate America Act, and, if the State does
not have such a plan, its plan under section 1111 of this
Act, except that a local educational agency shall be afforded
an opportunity to appeal any such disapproval.
``SEC. 4105. LOCAL DRUG AND VIOLENCE PREVENTION PROGRAMS.
``(a) Program Requirements.--A local educational agency
shall use funds received under this part to adopt and carry
out a comprehensive drug and violence prevention program
which shall--
``(1) be designed, for all students and employees, to--
``(A) prevent the use, possession, and distribution of
tobacco, alcohol and illegal drugs by students and to prevent
the illegal use, possession, and distribution of such
substances by employees;
``(B) prevent violence and promote school safety; and
``(C) create a disciplined environment conducive to
learning; and
``(2) include activities to promote the involvement of
parents and coordination with community groups and agencies,
including the distribution of information about the local
educational agency's needs assessments, goals, and programs
under this part.
``(b) Authorized Activities.--A comprehensive drug and
violence prevention program carried out under this part may
include--
``(1) age-appropriate, developmentally based drug
prevention and education programs for all students, from the
preschool level through grade 12, that address the legal,
social, personal and health consequences of the use of
illegal drugs, promote a sense of individual responsibility,
and provide information about effective techniques for
resisting peer pressure to use illegal drugs;
``(2) programs of drug prevention, comprehensive health
education, early intervention, counseling, mentoring, or
rehabilitation referral, which emphasize students' sense of
individual responsibility and which may include--
``(A) the dissemination of information about drug
prevention;
``(B) the professional development of school personnel,
parents, students, law enforcement officials, judicial
officials, health service providers and community leaders in
prevention, education, early intervention, counseling or
rehabilitation referral;
``(C) the implementation of strategies, including
strategies to integrate the delivery of services from a
variety of providers, to combat illegal alcohol and other
drug use, such as--
``(i) family counseling;
``(ii) early intervention activities that prevent family
dysfunction, enhance school performance, and boost attachment
to school and family; and
``(iii) activities, such as community service and service-
learning projects, that are designed to increase students'
sense of community;
``(3) age-appropriate, developmentally based violence
prevention and education programs for all students, from the
preschool level through grade 12, that address the legal,
health, personal, and social consequences of violent and
disruptive behavior, including sexual harassment, and that
include activities designed to help students develop a sense
of individual responsibility and respect for the rights of
others, and to resolve conflicts without violence;
``(4) violence prevention programs for school-aged youth,
which emphasize students' sense of individual responsibility
and may include--
``(A) the dissemination of information about school safety
and discipline;
``(B) the professional development of school personnel,
parents, students, law enforcement officials, judicial
officials, and community leaders in designing and
implementing strategies to prevent school violence;
``(C) the implementation of strategies, such as conflict
resolution and peer mediation, student pledges to renounce
the use of violence, student non-violence awareness days,
student outreach efforts against violence, anti-crime youth
councils (which work with school and community-based
organizations to discuss and develop crime prevention
strategies), and the use of mentoring programs, to combat
school violence and other forms of disruptive behavior, such
as sexual harassment; and
``(D) comprehensive, community-wide strategies to prevent
or reduce illegal gang activities;
``(5) subject to the requirements of the matter following
paragraph (8), not more than one half of the cost of--
``(A) minor remodeling to promote security and reduce the
risk of violence, such as removing lockers, installing better
lights, and upgrading locks; and
``(B) acquiring and installing metal detectors and hiring
security personnel;
[[Page 531]]
``(6) the promotion of before-and-after school
recreational, instructional, cultural, and artistic programs
in supervised community settings;
``(7) drug abuse resistance education programs, designed to
teach students to recognize and resist pressures to use
alcohol or other drugs, which may include activities such as
classroom instruction by uniformed law enforcement officers,
resistance techniques, resistance to peer pressure and gang
pressure, and provision for parental involvement; and
``(8) the evaluation of any of the activities authorized
under this subsection.
A local educational agency may use no more than 33 percent of
the funds it receives under this part for any fiscal year for
the activities described in paragraph (5). Local educational
agencies may use funds obtained under this part to pay the
costs of programs and activities complying with the
requirements of this section that are carried out by student
organizations.
``(c) Administrative Provisions.--Notwithstanding any other
provisions of law, any funds expended prior to July 1, 1995,
under part B of the Drug-Free Schools and Communities Act of
1986 (as in effect prior to enactment of the Improving
America's Schools Act) for the support of a comprehensive
school health program shall be deemed to have been authorized
by part B of such Act.
``SEC. 4106. EVALUATION AND REPORTING.
``(a) National Impact Evaluation.--The Secretary, in
consultation with the Secretary of Health and Human Services,
the Director of the Office of National Drug Control Policy,
and the Attorney General, shall conduct an independent
biennial evaluation of the national impact of programs under
this part and submit a report of the findings of such
evaluation to the President and the Congress.
``(b) State Report.--(1) By October 1, 1997, and every
third year thereafter, the State educational agency shall
submit to the Secretary a report--
``(A) on the implementation and outcomes of State programs
under section 4103(b) and local programs under section
4103(d), as well as an assessment of their effectiveness; and
``(B) on the State's progress toward attaining its goals
for drug and violence prevention under section 4103(b)(1).
``(2) The report required by this subsection shall be--
``(A) in the form specified by the Secretary;
``(B) based on the State's on-going evaluation activities,
and shall include data on the prevalence of drug use and
violence by youth in schools and communities; and
``(C) made readily available to the public.
``(c) Local Educational Agency Report.--Each local
educational agency receiving funds under this subpart shall
submit to the State educational agency whatever information,
and at whatever intervals, the State requires to complete the
State report required by subsection (b), including
information on the prevalence of drug use and violence by
youth in the schools and the community. Such information
shall be made readily available to the public.
``PART B--NATIONAL PROGRAMS
``SEC. 4201. FEDERAL ACTIVITIES.
``(a) Program Authorized.--From funds appropriated under
section 4004(a)(2), the Secretary of Education, in
consultation with the Secretary of Health and Human Services,
the Director of the Office of National Drug Control Policy,
and the Attorney General, shall carry out programs to prevent
the illegal use of drugs and violence among, and promote
safety and discipline for, students at all educational
levels, preschool through postsecondary. The Secretary shall
carry out such programs directly, or through grants,
contracts, or cooperative agreements with public and private
organizations and individuals, or through agreements with
other Federal agencies, and shall coordinate such programs
with other appropriate Federal activities. Such programs may
include--
``(1) the development and demonstration of innovative
strategies for training school personnel, parents, and
members of the community, including the demonstration of
model preservice training programs for prospective school
personnel;
``(2) demonstrations and rigorous evaluations of innovative
approaches to drug and violence prevention that are carried
out in cooperation with other Federal agencies, including the
Department of Health and Human Services, the Department of
Justice, the Department of Housing and Urban Development, and
the Department of Labor;
``(3) the provision of information on drug abuse education
and prevention to the Secretary of Health and Human Services
for dissemination by the clearinghouse for alcohol and drug
abuse information established under section 509 of the Public
Health Service Act;
``(4) the development, dissemination, and implementation of
model programs and strategies to promote the safety of
students attending institutions of higher education by
preventing violent behavior and the illegal use of alcohol
and other drugs by such students;
``(5) the development of curricula related to child abuse
prevention and education and the training of personnel to
teach child abuse education and prevention to elementary and
secondary school children;
``(6) program evaluations that address issues not addressed
under section 4106(a);
``(7) direct services to schools and school systems
afflicted with especially severe drug and violence problems;
``(8) activities in communities designated as empowerment
zones or enterprise communities that will connect schools to
community-wide efforts to reduce drug and violence problems;
``(9) developing and disseminating drug and violence
prevention materials, including video-based projects and
model curricula;
``(10) developing and implementing a comprehensive violence
prevention strategy for schools and communities, that may
include conflict resolution, peer mediation, the teaching of
law and legal concepts, and other activities designed to stop
violence;
``(11) the implementation of innovative activities, such as
community service projects, designed to rebuild safe and
healthy neighborhoods and increase students' sense of
individual responsibility;
``(12) other activities that meet unmet national needs
related to the purposes of this title; and
``(13) grants to noncommercial telecommunications entities
for the production and distribution of national video-based
projects that provide young people with models for conflict
resolution and responsible decisionmaking.
``(b) Peer Review.--The Secretary shall use a peer review
process in reviewing applications for funds under this
section.
``SEC. 4202. PROGRAMS FOR NATIVE HAWAIIANS.
``(a) General Authority.--From the funds reserved pursuant
to section 4101(a)(3), the Secretary shall make grants to or
enter into cooperative agreements or contracts with
organizations primarily serving and representing Native
Hawaiians which are recognized by the Governor of the State
of Hawaii to plan, conduct, and administer programs, or
portions thereof, which are authorized by and consistent with
the provisions of this for the benefit of Native Hawaiians.
``(b) Definition of `Native Hawaiian'.--For the purposes of
this section, the term `Native Hawaiian' means any individual
any of whose ancestors were natives, prior to 1778, of the
area which now comprises the State of Hawaii.
``SEC. 4203. HATE CRIME PREVENTION.
``(a) Grant Authorization.--The Secretary of Education may
make grants to local educational agencies and community-based
organizations for the purpose of providing assistance to
localities most directly affected by hate crimes.
``(b) Use of Funds.--
``(1) Program development.--Grants under this section may
be used to improve elementary and secondary educational
efforts, including--
``(A) development of education and training programs
designed to prevent and to reduce the incidence of crimes and
conflicts motivated by hate;
``(B) development of curricula for the purpose of improving
conflict or dispute resolution skills of students, teachers,
and administrators;
``(C) development and acquisition of equipment and
instructional materials to meet the needs of, or otherwise be
part of, hate crime or conflict programs; and
``(D) professional training and development for teachers
and administrators on the causes, effects, and resolutions of
hate crimes or hate-based conflicts.
``(2) In general.--In order to be eligible to receive a
grant under this section for any fiscal year, a local
educational agency or a local educational agency in
conjunction with a community-based organization shall submit
an application to the Secretary in such form and containing
such information as the office may reasonably require.
``(3) Requirements.--Each application under subsection (a)
shall include--
``(A) a request for funds for the purposes described in
this section;
``(B) a description of the schools and communities to be
served by the grants; and
``(C) assurances that Federal funds received under this
section shall be used to supplement, not supplant, non-
Federal funds.
``(4) Comprehensive plan.--Each application shall include a
comprehensive plan that contains--
``(A) a description of the hate crime or conflict problems
within the schools or the community targeted for assistance;
``(B) a description of the program to be developed or
augmented by these Federal and matching funds;
``(C) assurances that such program or activity shall be
administered by or under the supervision of the applicant;
``(D) proper and efficient administration of such program;
and
``(E) fiscal control and fund accounting procedures as may
be necessary to ensure prudent use, proper disbursement, and
accurate accounting of funds received under this section.
``(c) Allocation of Funds.--From the funds authorized under
this part, the Secretary of Education may carry out programs
under this section.
``(d) Award of Grants.--
``(1) Selection of recipients.--The Secretary shall
consider the incidence of crimes and conflicts motivated by
bias in the targeted schools and communities in awarding
grants under this section.
``(2) Geographic distribution.--The Secretary shall
attempt, to the extent practicable, to achieve an equitable
geographic distribution of grant awards.
``(3) Dissemination of information.--The Secretary shall
attempt, to the extent practicable, to make available
information regarding successful hate crime prevention
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programs, including programs established or expanded with
grants under this section.
``(e) Reports.--The Secretary shall submit to the Congress
a report every 2 years which shall contain a detailed
statement regarding grants and awards, activities of grant
recipients and an evaluation of programs established under
this section.
``(f) Definitions.--For the purposes of this section--
``(1) the term `hate crime' means a crime as defined by the
Hate Crime Satistics Act of 1990;
``(2) the term `local educational agency' means a public
board of education or other public authority legally
constituted within a State for either administrative control
or direction of, or to perform a service function for, public
elementary and secondary schools in a city, county, township,
school district, or other political subdivision of a State,
or such combination of school districts or counties as are
recognized in a State as an administrative agency for its
public elementary and secondary schools and includes any
other public institution or agency having administrative
control and direction of a public elementary or secondary
school; and
``(3) the term `community-based organization' means a
private nonprofit organization which is representative of a
community or significant segments of a community and which
provides educational or related services to individuals in
the community.
``PART C--GENERAL PROVISIONS
``SEC. 4301. DEFINITIONS.
``For the purposes of this title, the following terms have
the following meanings:
``(1) The term `drug and violence prevention' means--
``(A) with respect to drugs, prevention, early
intervention, rehabilitation referral, or education related
to the illegal use of alcohol, the use of tobacco and the use
of controlled, illegal, addictive, or harmful substances,
including inhalants and anabolic steroids; and
``(B) with respect to violence, the promotion of school
safety, such that students and school personnel are free from
violent and disruptive acts, including sexual harassment, on
school premises, going to and from school, and at school-
sponsored activities, through the creation and maintenance of
a school environment that is free of weapons and fosters
individual responsibility and respect for the rights of
others.
``(2) The term `nonprofit', as applied to a school, agency,
organization, or institution means a school, agency,
organization, or institution owned and operated by one or
more nonprofit corporations or associations, no part of the
net earnings of which inures, or may lawfully inure, to the
benefit of any private shareholder or individual.
``(3) The term `school-aged population' means the
population aged five through 17, inclusive, as determined by
the Secretary on the basis of the most recent satisfactory
data available from the Department of Commerce.
``(4) The term `school personnel' includes teachers,
administrators, guidance counselors, social workers,
psychologists, nurses, librarians, and other support staff
who are employed by a school or who perform services for the
school on a contractual basis.
``SEC. 4302. MATERIALS.
``(a) `Wrong and Harmful' Message.--Drug prevention
programs supported under this title shall convey a clear and
consistent message that the illegal use of alcohol and other
drugs is wrong and harmful.
``(b) Curriculum.--The Secretary shall not prescribe the
use of specific curricula for programs supported under this
title, but may evaluate the effectiveness of such curricula
and other strategies in drug and violence prevention.
``SEC. 4303. PROHIBITED USES OF FUNDS.
``No funds under this title may be used for--
``(1) construction (except for minor remodeling needed to
accomplish the purposes of this title);
``(2) drug treatment or rehabilitation; and
``(3) psychiatric, psychological, or other medical
treatment or rehabilitation, other than school-based
counseling for students or school personnel who are victims
or witnesses of school-related crime.
``SEC. 4304. CERTIFICATION OF DRUG AND ALCOHOL ABUSE
PREVENTION PROGRAMS.
``(a) In General.--Notwithstanding any other provision of
law other than section 432 of the General Education
Provisions Act and section 103(b) of the Department of
Education Organization Act, no local educational agency shall
be eligible to receive funds or any other form of financial
assistance under any Federal program unless it certifies to
the State educational agency that it has adopted and has
implemented a program to prevent the use of illicit drugs and
alcohol by students or employees that, at a minimum,
includes--
``(1) age-appropriate, developmentally based drug and
alcohol education and prevention programs (which address the
legal, social, and health consequences of drug and alcohol
use and which provide information about effective techniques
for resisting peer pressure to use illicit drugs or alcohol)
for students in all grades of the schools operated or served
by the applicant, from early childhood level through grade
12;
``(2) conveying to students that the use of illicit drugs
and the unlawful possession and use of alcohol is wrong and
harmful;
``(3) standards of conduct that are applicable to students
and employees in all the applicant's schools and that clearly
prohibit, at a minimum, the unlawful possession, use, or
distribution of illicit drugs and alcohol by students and
employees on school premises or as part of any of its
activities;
``(4) a clear statement that sanctions (consistent with
local, State, and Federal law), up to and including expulsion
or termination of employment and referral for prosecution,
will be imposed on students and employees who violate the
standards of conduct required by paragraph (3) and a
description of those sanctions;
``(5) information about any available drug and alcohol
counseling and rehabilitation and re-entry programs that are
available to students and employees;
``(6) a requirement that parents, students, and employees
be given a copy of the standards of conduct required by
paragraph (3) and the statement of sanctions required by
paragraph (4);
``(7) notifying parents, students, and employees that
compliance with the standards of conduct required by
paragraph (3) is mandatory; and
``(8) a biennial review by the applicant of its program
to--
``(A) determine its effectiveness and implement changes to
the program if they are needed; and
``(B) ensure that the sanctions required by paragraph (4)
are consistently enforced.
``(b) Dissemination of Information.--Each local educational
agency that provides the certification required by subsection
(a) shall, upon request, make available to the Secretary, the
State educational agency, and to the public full information
about the elements of its program required by subsection (a),
including the results of its biennial review.
``(c) Certification to Secretary.--Each State educational
agency shall certify to the Secretary that it has adopted and
has implemented a program to prevent the use of illicit drugs
and the abuse of alcohol by its students and employees that
is consistent with the program required by subsection (a) of
this section. The State educational agency shall, upon
request, make available to the Secretary and to the public
full information about the elements of its program.
``(d) Regulations.--(1) The Secretary shall publish
regulations to implement and enforce the provisions of this
section, including regulations that provide for--
``(A) the periodic review by State educational agencies of
a representative sample of programs required by subsection
(a); and
``(B) a range of responses and sanctions for local
educational agencies that fail to implement their programs or
to consistently enforce their sanctions, including
information and technical assistance, the development of a
compliance agreement, and the termination of any form of
Federal financial assistance.
``(2) The sanctions required by subsection (a)(1)(4) may
include the completion of an appropriate rehabilitation
program.
``(e) Appeal Regarding Termination of Assistance.--Upon a
determination by the Secretary to terminate financial
assistance to any local educational agency under this
section, the agency may file an appeal with an administrative
law judge before the expiration of the 30-day period
beginning on the date such agency is notified of the decision
to terminate financial assistance under this section. Such
judge shall hold a hearing with respect to such termination
of assistance before the expiration of the 45-day period
beginning on the date that such appeal is filed. Such judge
may extend such 45-day period upon a motion by the agency
concerned. The decision of the judge with respect to such
termination shall be considered to be a final agency action.
``TITLE V--PROMOTING EQUITY
``PART A--MAGNET SCHOOLS ASSISTANCE
``SEC. 5101. FINDINGS.
``The Congress finds that--
``(1) magnet schools are a significant part of our Nation's
effort to achieve voluntary desegregation in its schools;
``(2) the use of magnet schools has increased dramatically
since enactment of the magnet program, with approximately 1.4
million students nationwide now attending such schools, of
which more than 60 percent of the students are nonwhite;
``(3) magnet schools offer a wide range of distinctive
programs that have served as models for school improvement
efforts;
``(4) in administering this program, the Federal Government
has learned that--
``(A) where magnet programs are implemented for only a
portion of a school's student body, special efforts must be
made to discourage the isolation of magnet students from
other students in the school;
``(B) local educational agencies can maximize their
effectiveness in achieving the purposes of this program if
they have more flexibility to serve students attending a
school who are not enrolled in the magnet school program;
``(C) local educational agencies must be creative in
designing magnet schools for students at all academic levels,
so that school districts do not skim off only the highest
achieving students to attend the magnet schools;
``(D) local educational agencies must seek to enable
participation in magnet school programs by students who
reside in the neighborhoods where the programs are placed;
and
``(E) in order to ensure that magnet schools are sustained
after Federal funding ends, the Federal Government must
assist local educational agencies to improve their
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capacity to continue to operate magnet schools at a high
level of performance;
``(5) it is in the best interest of the Federal Government
to--
``(A) continue its support of local educational agencies
implementing court-ordered desegregation plans and local
educational agencies seeking to foster meaningful interaction
among students of different racial and ethnic backgrounds
beginning at the earliest stage of their education;
``(B) ensure that all students have equitable access to
quality education that will prepare them to function well in
a culturally diverse, technologically-oriented, and highly
competitive global community; and
``(C) maximize the ability of local educational agencies to
plan, develop, implement and continue new and innovative
programs in magnet schools that contribute to State and local
systemic reform.
``SEC. 5102. STATEMENT OF PURPOSE.
``The purpose of this part is to assist in the
desegregation of local educational agencies by providing
financial assistance to eligible local educational agencies
for--
``(1) the elimination, reduction, or prevention of minority
group isolation in elementary and secondary schools with
substantial proportions of minority students;
``(2) the development and implementation of magnet school
projects that will assist local educational agencies in
achieving systemic reforms and providing all students the
opportunity to meet challenging State performance standards;
``(3) the development and design of innovative educational
methods and practices; and
``(4) courses of instruction within magnet schools that
will substantially strengthen the knowledge of academic
subjects and the grasp of tangible and marketable vocational
skills of students attending such schools.
``SEC. 5103. PROGRAM AUTHORIZED.
``The Secretary is authorized, in accordance with this
part, to make grants to eligible local educational agencies
for use in magnet schools that are part of an approved
desegregation plan and that are designed to bring students
from different social, economic, ethnic, and racial
backgrounds together.
``SEC. 5104. DEFINITION.
``For the purpose of this part, the term `magnet school'
means a school or education center that offers a special
curriculum capable of attracting substantial numbers of
students of different racial backgrounds.
``SEC. 5105. ELIGIBILITY.
``A local educational agency is eligible to receive
assistance under this part if it--
``(1) is implementing a plan undertaken pursuant to a final
order issued by a court of the United States, or a court of
any State, or any other State agency or official of competent
jurisdiction, and that requires the desegregation of
minority-group-segregated children or faculty in the
elementary and secondary schools of such agency; or
``(2) without having been required to do so, has adopted
and is implementing, or will, if assistance is made available
to it under this part, adopt and implement a plan that has
been approved by the Secretary as adequate under title VI of
the Civil Rights Act of 1964 for the desegregation of
minority-group-segregated children or faculty in such
schools.
``SEC. 5106. APPLICATIONS AND REQUIREMENTS.
``(a) Applications.--An eligible local educational agency
desiring to receive assistance under this part shall submit
an application to the Secretary at such time, in such manner,
and containing such information and assurances as the
Secretary may require.
``(b) Information and Assurances.--An application under
this part shall include--
``(1) a description of--
``(A) how assistance made available under this part will be
used to promote desegregation, including how the proposed
magnet school project will increase interaction among
students of different social, economic, ethnic, and racial
backgrounds;
``(B) the manner and extent to which the magnet school
project will increase student achievement in the
instructional area or areas offered by the school;
``(C) the manner in which an applicant will continue the
magnet school project after assistance under this part is no
longer available, including, if applicable, an explanation of
whether successful magnet schools established or supported by
the applicant with funds under this part have been continued
without the use of funds under this part;
``(D) how funds under this part will be used to implement
services and activities that are consistent with the State's
and local educational agency's systemic reform plan, if any,
under title III of the Goals 2000: Educate America Act; and
``(E) the criteria to be used in selecting students to
attend the proposed magnet school projects; and
``(2) assurances that the applicant will--
``(A) use funds under this part for the purposes specified
in section 5103;
``(B) employ teachers in the courses of instruction
assisted under this part who are certified or licensed by the
State to teach the subject matter of the courses of
instruction;
``(C) not engage in discrimination based on race, religion,
color, national origin, sex, or disability in--
``(i) the hiring, promotion, or assignment of employees of
the agency or other personnel for whom the agency has any
administrative responsibility;
``(ii) the assignment of students to schools, or to courses
of instruction within the school, of such agency, except to
carry out the approved plan; and
``(iii) designing or operating extracurricular activities
for students;
``(D) carry out a high-quality education program that will
encourage greater parental decisionmaking and involvement;
and
``(E) give students residing in the local attendance area
of the proposed magnet school projects equitable
consideration for places in those projects.
``(c) Special Rule.--No application may be approved under
this section unless the Assistant Secretary of Education for
Civil Rights determines that the assurances described in
subsection (b)(2)(C) will be met.
``SEC. 5107. PRIORITY.
``In approving applications under this part, the Secretary
shall give priority to applicants that--
``(1) have the greatest need for assistance, based on the
expense or difficulty of effectively carrying out an approved
desegragation plan and the projects for which assistance is
sought;
``(2) propose to carry out new magnet school projects or
significantly revise existing magnet school projects;
``(3) propose to select students to attend magnet school
projects by methods such as lottery, rather than through
academic examination;
``(4) propose to implement innovative educational
approaches that are consistent with the State's and local
educational agency's approved systemic reform plans, if any,
under title III of the Goals 2000: Educate America Act; and
``(5) propose to draw on comprehensive community
involvement plans.
``SEC. 5108. USE OF FUNDS.
``(a) Use of Funds.--Grants made under this part may be
used by eligible local educational agencies--
``(1) for planning and promotional activities directly
related to the development, expansion, continuation, or
enhancement of academic programs and services offered at
magnet schools;
``(2) for the acquisition of books, materials, and
equipment, including computers and the maintenance and
operation thereof, necessary for the conduct of programs in
magnet schools;
``(3) for the payment of, or subsidization of the
compensation of, elementary and secondary school teachers who
are certified or licensed by the State and who are necessary
to conduct programs in magnet schools; and
``(4) with respect to a magnet school program offered to
less than the entire student population of a school, for
instructional activities that--
``(A) are designed to make available the special curriculum
that is offered by the magnet school project to students who
are enrolled in the school but who are not enrolled in the
magnet school program; and
``(B) further the purposes of this part.
``(b) Special Rule.--With respect to subsections (a) (2)
and (3), such grants may be used by eligible local
educational agencies for such activities only if such
activities are directly related to improving the students'
reading skills or their knowledge of mathematics, science,
history, geography, English, foreign languages, art, or
music, or to improving vocational skills.
``SEC. 5109. PROHIBITIONS.
``Grants under this part may not be used for
transportation, or for any activity that does not augment
academic improvement.
``SEC. 5110. LIMITATION ON PAYMENTS.
``(a) Duration of Awards.--Awards made under this part
shall not exceed 3 years.
``(b) Limitation on Planning Funds.--A local educational
agency may expend for planning up to 50 percent of the funds
received under this part for the first year of the project,
15 percent for the second year of the project, and up to 10
percent for the third year of the project.
``(c) Limitation on Grants.--A local educational agency
shall not receive more than $4,000,000 under this part in any
one grant cycle.
``(d) Award Requirement.--To the extent practicable, for
any fiscal year, the Secretary shall award grants to local
educational agencies under this part no later than June 1 of
the applicable fiscal year.
``SEC. 5111. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.
``(a) Authorization.--For the purpose of carrying out this
part, there are authorized to be appropriated $120,000,000
for fiscal year 1995 and such sums as may be necessary for
each of the fiscal years 1996, 1997, 1998, and 1999.
``(b) Availability of Funds for Grants to Agencies Not
Previously Assisted.--In any fiscal year for which the amount
appropriated pursuant to subsection (a) exceeds $75,000,000,
the Secretary shall, with respect to such excess amount, give
priority to grants to local educational agencies that did not
receive a grant under this part in the last fiscal year of
the funding cycle prior to the fiscal year for which the
determination is made.
``(c) Evaluations.--The Secretary may reserve not more than
2 percent of the funds appropriated under subsection (a) for
any fiscal year to carry out evaluations of projects under
this part.
``PART B--WOMEN'S EDUCATIONAL EQUITY ACT
``SEC. 5201. FINDINGS AND STATEMENT OF PURPOSE.
``(a) Findings.--The Congress finds and declares that--
[[Page 534]]
``(1) educational programs in the United States are
frequently inequitable as such programs relate to women and
girls;
``(2) such inequities limit the full participation of all
individuals in American society; and
``(3) efforts to improve the quality of public education
also must include efforts to ensure equal access to quality
education programs for all women and girls.
``(b) Purpose.--The purpose of this part is to provide
gender equity in education in the United States; to provide
financial assistance to enable educational agencies and
institutions to meet the requirements of title IX of the
Educational Amendments of 1972; and to provide equity in
education to women and girls who suffer multiple forms of
discrimination based on sex, race, ethnic origin, limited
English proficiency, disability, or age.
``SEC. 5202. PROGRAMS AUTHORIZED.
``The Secretary is authorized--
``(1) to promote, coordinate and evaluate gender equity
policies, programs, activities and initiatives in all federal
education program and offices;
``(2) to develop, maintain, and disseminate materials,
resources, analyses and research relating to education equity
for women and girls;
``(3) to provide information and technical assistance to
assure the effective implementation of gender equity
programs;
``(4) to coordinate gender equity programs and activities
with other federal agencies with jurisdiction over education
and related programs;
``(5) to provide grants to develop model equity programs;
``(6) to provide funds for the implementation of equity
programs in schools throughout the Nation;
``(7) to assist the Assistant Secretary of the Office of
Educational Research and Improvement in identifying research
priorities related to education equity for women and girls;
and
``(8) any other activities consistent with achieving the
purposes of this part.
``SEC. 5203. LOCAL IMPLEMENTATION GRANTS.
``(a) Authority.--The Secretary is authorized to make
grants to, and enter into contracts with, public agencies,
private nonprofit agencies, organizations, and institutions,
including students and community groups, for activities
designed to achieve the purposes of this part at all levels
of education, including preschool, elementary and secondary
education, higher education, adult education and vocational/
technical education; for the establishment and operation, for
a period not to exceed four years, of local programs to
ensure--
``(1) educational equity for women and girls;
``(2) equal opportunities for both sexes; and
``(3) to conduct activities incident to achieving
compliance with title IX of the Education Amendments of 1972.
``(b) Grant Program.--Authorized activities under
subsection (a) may include--
``(1) introduction into the curriculum and classroom of
curricula, textbooks, and other material designed to achieve
equity for women and girls;
``(2) implementation of preservice and inservice training
with special emphasis on programs and activities designed to
provide educational equity for women and girls;
``(3) evaluation of promising or exemplary model programs
to assess their ability to improve local efforts to advance
educational equity for women and girls;
(4) implementation of programs and policies to address
sexual harassment and violence against women and girls and to
ensure that educational institutions are free from threats to
the safety of students and personnel;
``(5) implementation of guidance and counseling activities,
including career education program, designed to ensure
educational equity for women and girls;
``(6) implementation of nondiscriminatory tests of aptitude
and achievement and of alternative assessments that eliminate
biased assessment instruments from use;
``(7) implementation of programs to increase educational
opportunities, including higher education, vocational
training, and other educational programs for low income
women; including underemployed and unemployed women and women
receiving Aid to Families with Dependent Children benefits;
``(8) implementation of programs to improve representation
of women in educational administration at all levels; and
``(9) planning, development and initial implementation of--
``(A) comprehensive plans for implementation of equity
programs in state and local educational agencies and
institutions of higher education; including community
colleges;
``(B) innovative approaches to school-community
partnerships for educational equity; and
``(C) innovative approaches to equity programs addressing
combined bias, stereotyping, and discrimination on the basis
of sex and race, ethnic origin, limited English proficiency,
and disability.
``(c) Application; Participation.--A grant may be made, and
a contract may be entered into, under this part only upon
application to the Secretary, at such time, in such form, and
containing or accompanied by such information as the
Secretary may prescribe. Each such application shall--
``(1) provide that the program or activity for which
assistance is sought will be administered by or under the
supervision of the applicant and in cooperation with
appropriate educational and community leaders, including
parent, teacher and student organizations, educational
institutions, business leaders, community-based organizations
serving women, and other significant groups and individuals;
``(2) describe a program for carrying out the purpose set
forth in section 5203(b) which holds promise of making
substantial contribution toward attaining such purposes;
``(3) describe plans for continuation and
institutionalization of the program with local support
following completion of the grant period and termination of
Federal support under this part; and
``(4) establish policies and procedures which ensure
adequate documentation and evaluation of the activities
intended to be carried out under the application.
``(d) Criteria; Priorities; Categories of Competition.--The
Secretary shall establish criteria, priorities, and
categories of competition for awards under this part to
ensure that available funds are used for those purposes that
most effectively will achieve the purposes of the Act.
``(1) The criteria shall address the extent to which--
``(A) the program addresses the needs of women and girls of
color and women and girls with disabilities;
``(B) the program meets locally defined and documented
educational equity needs and priorities, including title IX
compliance;
``(C) the program is a significant component of a
comprehensive plan for educational equity and title IX
compliance in the particular school district, institution of
higher education, vocational-technical institution, or other
educational agency or institution; and
``(D) the program implements an institutional change
strategy with long-term impact and will continue as a central
activity of the applicant agency or institution after the
grant is completed.
``(2) The Secretary shall establish priorities, one of
which shall be a priority for compliance with title IX of the
Education Amendments of 1972. Not more than 60 percent of
funds available in each fiscal year shall be allocated to
programs under the priorities.
``(3) To the extent feasible, the Secretary shall establish
3 categories of competition, distinguishing among three types
of applicants and levels of education that shall include--
``(A) grants to local educational agencies, state education
agencies, and other agencies and organizations providing
elementary and secondary education;
``(B) grants to institutions of higher education, including
community colleges and other agencies and organizations
providing postsecondary education, including vocational-
technical education, adult education, and other programs; and
``(C) grants to non-profit organizations, including
community-based organizations, groups representing students,
parents, and women, including women and girls of color and
women and girls with disabilities.
``(e) Special Rule.--To the extent feasible, the Secretary
shall ensure that the total of grants awarded each year
address--
``(1) all levels of education, including preschool,
elementary and secondary education, higher education,
vocational education, and adult education;
``(2) all regions of the United States, including at least
one grant in each of the ten Federal regions; and
``(3) urban, rural, and suburban educational institutions.
``SEC. 5204. RESEARCH AND DEVELOPMENT GRANTS.
``(a) Authority.--The Secretary is authorized to make
grants to, and enter into contracts with, public agencies,
private nonprofit agencies, organizations, and institutions,
including students, and community groups, for activities
designed to achieve the purpose of this part at all levels of
education, including preschool, elementary and secondary
education, higher education, adult education and vocational-
technical education; to develop model policies and programs,
and to conduct research to address and ensure educational
equities for women and girls, including but not limited to--
``(1) the development and evaluation of gender-equitable
curricula, textbooks, software, and other educational
material and technology;
``(2) the development of model preservice and inservice
training programs for educational personnel with special
emphasis on programs and activities designed to provide
educational equity;
``(3) the development of guidance and counseling
activities, including career education programs, designed to
ensure gender equity;
``(4) the development and evaluation of nondiscriminatory
assessment systems;
``(5) the development of policies and programs to address
and prevent sexual harassment and violence to ensure that
educational institutions are free from threats to safety of
students and personnel;
``(6) the development and improvement of programs and
activities to increase opportunity for women, including
continuing educational activities, vocational education, and
programs for low income women; including underemployed and
unemployed women, and women receiving Aid to Families with
Dependent Children;
``(7) the development of instruments and strategies for
program evaluation and dissemination of promising or
exemplary pro-
[[Page 535]]
grams designed to improve local efforts to achieve gender
equity;
``(8) the development of instruments and procedures to
assess the presence or absence of gender equity in
educational settings; and
``(9) the development and evaluation of various strategies
to institutionalize gender equity in education.
``(b) Application.--A grant may be made, and a contract may
be entered into, under this part only upon application to the
Secretary, at such time, in such form, and containing or
accompanied by such information as the Secretary may
prescribe. Each such application shall--
``(1) provide that the program or activity for which
assistance is sought will be administered by or under the
supervision of the applicant;
``(2) describe a plan for carrying out 1 or more research
and development activities authorized in paragraph (a) above,
which holds promise of making a substantial contribution
toward attaining the purposes of this Act; and
``(3) set forth policies and procedures which insure
adequate documentation, data collection, and evaluation of
the activities intended to be carried out under the
application, including an evaluation or estimate of the
potential for continued significance following completion of
the grant period.
``(c) Criteria and Priorities.--(1) The Secretary shall
establish criteria and priorities to ensure that available
funds are used for programs that most effectively will
achieve the purposes of this part.
``(2) The criteria and priorities shall be promulgated in
accordance with section 431 of the General Education
Provisions Act.
``(3) In establishing priorities, one shall be programs
which address the educational needs of women and girls who
suffer multiple or compound discrimination based on sex and
on race, ethnic origin, disability, or age.
``(d) Special Rule.--To the extent feasible, the Secretary
shall ensure that the total of grants awarded each year
address--
``(1) all levels of education, including preschool,
elementary and secondary education, higher education,
vocational education, and adult education; and
``(2) all regions of the United States.
``(e) Coordination.--Research activities supported under
this part--
``(1) shall be carried out in consultation with the Office
of Educational Research and Improvement to ensure that such
activities are coordinated with and enhance the research and
development activities supported by the Office; and
``(2) may include collaborative research activities which
are jointly funded and carried out by the Office of Women's
Equity and the Office of Educational Research and
Improvement.
``(f) Limitation.--Nothing in this part shall be construed
as prohibiting men and boys from participating in any
programs or activities assisted under this part.
``SEC. 5205. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated--
``(1) for the purpose of carrying out the provisions of
section 5203, there are authorized to be appropriated
$3,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999; and
``(2) for the purpose of carrying out the provisions of
section 5204, there are authorized to be appropriated
$2,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``TITLE VI--INDIAN EDUCATION
``SEC. 6001. FINDINGS.
``The Congress finds that--
``(1) the Federal Government has a special responsibility
to ensure that educational programs for all American Indian
and Alaska Native children and adults--
``(A) are based on high-quality, internationally
competitive content and student performance standards and
build on Indian culture and the Indian community;
``(B) assist local educational agencies, Indian tribes, and
others in providing Indian students the opportunity to
achieve those standards; and
``(C) meet the special educational and culturally related
academic needs of American Indian and Alaska Native students;
``(2) since enactment of the original Indian Education Act
in 1972, Indian parents have become significantly more
involved in the planning, development, and implementation of
educational programs that affect them and their children, and
schools should continue to foster such involvement;
``(3) although the numbers of Indian teachers,
administrators, and university professors have increased
since 1972, teacher training programs are not recruiting,
training, or retraining sufficient numbers of Indian persons
as educators to meet the needs of a growing Indian student
population in elementary, secondary, vocational, adult, and
higher education;
``(4) the dropout rate for Indian students is unacceptably
high; for example, nine percent of Indian students who were
eighth graders in 1988 had already dropped out of school by
1990;
``(5) from 1980 to 1990, the percentage of Indian persons
living in poverty increased from 24 percent to 31 percent,
and the readiness of Indian children to learn is hampered by
the high incidence of poverty, unemployment, and health
problems among Indian children and families; and
``(6) research related specifically to the education of
Indian children and adults is very limited, and much of it is
poor in quality or focused on limited local or regional
issues.
``SEC. 6002. PURPOSE.
``(a) Purpose.--It is the purpose of this title to support
the efforts of local educational agencies, Indian tribes and
organizations, postsecondary institutions, and other entities
to meet the special educational and culturally related
academic needs of American Indians and Alaska Natives, so
that they can achieve to the same challenging State
performance standards expected of all students.
``(b) Programs Authorized.--This title carries out the
purpose described in subsection (a) by authorizing programs
of direct assistance for--
``(1) meeting the special educational and culturally
related academic needs of American Indians and Alaska
Natives;
``(2) the education of Indian children and adults;
``(3) the training of Indian persons as educators and
counselors, and in other professions serving Indian people;
and
``(4) research, evaluation, data collection, and technical
assistance.
``PART A--FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES
``SEC. 6101. PURPOSE.
``It is the purpose of this part to support local
educational agencies in their efforts to reform elementary
and secondary school programs that serve Indian students in
order to ensure that such programs--
``(1) are based on challenging State content and student
performance standards that are used for all students; and
``(2) are designed to assist Indian students meet those
standards and assist the Nation in reaching the National
Education Goals.
``SEC. 6102. GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``A local educational agency is eligible for a grant under
this part for any fiscal year if the number of Indian
children who were enrolled in the schools of the agency, and
to whom the agency provided free public education, during the
preceding fiscal year--
``(1) was at least 20; or
``(2) constituted not less than 25 percent of the agency's
total enrollment.
``SEC. 6103. AMOUNT OF GRANTS.
``(a) Amount of Grants.--(1) The Secretary is authorized to
allocate to each local educational agency which has an
approved application under this part an amount equal to the
product of--
``(A) the number of Indian children described in section
6106; and
``(B) the greater of--
``(i) the average per-pupil expenditure of the State in
which the agency is located; or
``(ii) 80 percent of the average per-pupil expenditure in
the United States.
``(2) The Secretary shall reduce the amount of each
allocation determined under paragraph (1) in accordance with
subsection (e) of this section.
``(b) Minimum Grant Amount.--The Secretary shall not make a
grant to a local educational agency if the amount determined
under subsection (a) is less than $4,000, except that the
Secretary may make a grant to a consortium of local
educational agencies, one or more of which does not qualify
for such a minimum award, if--
``(1) the total amount so determined for such agencies is
not less than $4,000;
``(2) such agencies, in the aggregate, meet the eligibility
requirement of either section 6102(1) or 6102(2); and
``(3) the Secretary determines that such a grant would be
effectively used to carry out the purpose of this part.
``(c) Definition.--For the purpose of this section, the
average per-pupil expenditure of a State is determined by
dividing--
``(1) the aggregate current expenditures of all the local
educational agencies in the State, plus any direct current
expenditures by the State for the operation of such agencies,
without regard to the sources of funds from which such local
or State expenditures were made, during the second fiscal
year preceding the fiscal year for which the computation is
made; by
``(2) the aggregate number of children who were in average
daily attendance for whom such agencies provided free public
education during such preceding fiscal year.
``(d) Schools Operated or Supported by the Bureau of Indian
Affairs.--(1) In addition to the grants determined under
subsection (a), the Secretary shall allocate to the Secretary
of the Interior an amount equal to the product of--
``(A) the total number of Indian children enrolled in
schools that are operated by--
``(i) the Bureau of Indian Affairs; or
``(ii) an Indian tribe, or an organization controlled or
sanctioned by an Indian tribal government, for the children
of that tribe under a contract with, or grant from, the
Department of the Interior under the Indian Self-
Determination Act (25 U.S.C. 450f et seq.) or the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.); and
``(B) the greater of--
``(i) the average per-pupil expenditure of the State in
which the school is located; or
``(ii) 80 percent of the average per-pupil expenditure in
the United States.
``(2) The Secretary shall transfer the amount determined
under paragraph (1), reduced as may be necessary under
subsection (e), to the Secretary of the Interior in
accordance with, and subject to, section 9205 of this Act.
[[Page 536]]
``(e) Ratable Reductions.--If the sums appropriated for any
fiscal year under section 6602(a) are insufficient to pay in
full the amounts determined for local educational agencies
under subsection (a)(1) and for the Secretary of the Interior
under subsection (d), each of those amounts shall be ratably
reduced.
``SEC. 6104. APPLICATIONS.
``(a) General.--Any local educational agency that desires
to receive a grant under this part shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may
reasonably require.
``(b) Comprehensive Program Required.--Each such
application shall include a comprehensive program for meeting
the needs of Indian children in the local educational agency,
including their language and cultural needs, that--
``(1) provides programs and activities to meet the
culturally related academic needs of American Indian and
Alaska Native students,
``(2)(A) is consistent with, and promotes the goals in, the
State and local plans, either approved or being developed,
under title III of the Goals 2000: Educate America Act or, if
such plans are not approved or being developed, with the
State and local plans under sections 1111 and 1112 of this
Act; and
``(B) includes academic content and student performance
goals for such children, and benchmarks for attaining them,
that are based on the challenging State standards adopted
under title III of the Goals 2000: Educate America Act or
under title I of this Act for all children;
``(3) explains how Federal, State, and local programs,
especially under title I of this Act, will meet the needs of
such students;
``(4) demonstrates how funds under this part will be used
for activities authorized by section 6105;
``(5) describes the professional development to be
provided, as needed, to ensure that--
``(A) teachers and other school professionals who are new
to the Indian community are prepared to work with Indian
children; and
``(B) all teachers who will be involved in the project have
been properly trained to carry it out; and
``(6) describes how the agency--
``(A) will periodically assess the progress of all Indian
children in its schools, including Indian children who do not
participate in programs under this part, in meeting the goals
described in paragraph (2);
``(B) will provide the results of that assessment to the
parent committee described in subsection (c)(6) and to the
community served by the agency; and
``(C) is responding to findings of any previous such
assessments.
``(c) Assurances.--Each such application shall also include
assurances that--
``(1) the local educational agency will use funds received
under this part only to supplement the level of funds that,
in the absence of such Federal funds, the agency would make
available for the education of Indian children, and not to
supplant such funds;
``(2) the local educational agency will submit such reports
to the Secretary, in such form and containing such
information, as the Secretary may require to--
``(A) carry out the Secretary's functions under this part;
and
``(B) determine the extent to which funds provided under
this part have been effective in improving the educational
achievement of Indian students in the local educational
agency;
``(3) the program for which assistance is sought has been
based upon a local assessment and prioritization of the
special educational and culturally related academic needs of
the American Indian and Alaska Native students for which the
local educational agency is providing an education;
``(4) the program for which assistance is sought will use
the best available talents and resources, including persons
from the Indian community;
``(5) the local educational agency has developed the
program in open consultation with parents of Indian children,
teachers, and, where appropriate, secondary school Indian
students, including holding public hearings at which such
persons have had a full opportunity to understand the program
and to offer recommendations regarding such program;
``(6) the local educational agency has developed the
program with the participation and written approval of a
committee--
``(A) that is composed of, and selected by, parents of
Indian children in the local educational agency's schools,
teachers, and, where appropriate, secondary school Indian
students and of which at least half the members are such
parent;
``(B) that sets forth such policies and procedures,
including policies and procedures relating to the hiring of
personnel, as will ensure that the program for which
assistance is sought will be operated and evaluated in
consultation with, and with the involvement of, parents of
the children and representatives of the area to be served;
``(C) that, in the case of an application which includes a
schoolwide project (as specified in section 6105(c) of this
part) finds that such project will not diminish the
availability of culturally related activities for American
Indians and Alaskan Native students; and
``(D) that adopts and abides by reasonable bylaws for the
conduct of the activities of the committee.
``(d) State Educational Agency Review.--(1) Before
submitting its application to the Secretary, the local
educational agency shall obtain comments on the application
from the State educational agency.
``(2) The local educational agency shall send the State
educational agency's comments to the Secretary with its
application.
``SEC. 6105. AUTHORIZED SERVICES AND ACTIVITIES.
``(a) General Requirements.--Each local educational agency
that receives a grant under this part shall use the grant
funds for services and activities, consistent with the
purpose of this part, that--
``(1) are designed to carry out its comprehensive plan for
Indian students, described in its application under section
6104(b);
``(2) are designed with special regard for the language and
cultural needs of those students; and
``(3) supplement and enrich the regular school program.
``(b) Particular Activities.--Such services and activities
include--
``(1) culturally related activities which support the
program set out in the application, as required in section
6104;
``(2) early childhood and family programs that emphasize
school readiness;
``(3) enrichment programs that focus on problem-solving and
cognitive skills development and that directly support the
attainment of challenging State content and student
performance standards;
``(4) integrated educational services in combination with
other programs meeting similar needs;
``(5) school-to-work transition activities to enable Indian
students to participate in programs such as those supported
by the School-to-Work Opportunities Act of 1993 and the Carl
D. Perkins Vocational and Applied Technology Education Act,
including tech-prep, mentoring, and apprenticeship programs;
``(6) prevention of, and education about, substance abuse;
and
``(7) acquisition of equipment, but only if such
acquisition is essential to meet the purpose of this part.
``(c) Schoolwide Programs.--Notwithstanding any other
provision of this part, a local educational agency may use
funds it receives under this part to support a schoolwide
program under section 1114 of title I of this Act, in
accordance with such section, if the Secretary determines
that the local educational agency has made adequate provision
for the participation of Indian children in such project and
the involvement of Indian parents in the formulation of such
project.
``SEC. 6106. STUDENT ELIGIBILITY FORMS.
``(a) The Secretary shall require that each application for
a grant under this subpart for each fiscal year be supported
by a form, maintained in the files of the applicant, for each
eligible Indian child for whom the local educational agency
is providing free public education that sets forth
information establishing the status of the child as an
eligible Indian child.
``(b) The Secretary shall request on the form required
under subsection (a) at least the following information:
``(1) either--
``(A) the name of the tribe, band, or other organized group
of Indians with which the child claims membership, along with
the enrollment number establishing membership (if readily
available), and the name and address of the organization
which has updated and accurate membership data for such
tribe, band, or other organized group of Indians, or
``(B) if the child is not a member of a tribe, band, or
other organized group of Indians, the name, the enrollment
number (if readily available), and the organization (and
address thereof) responsible for maintaining updated and
accurate membership rolls of any of the child's parents or
grandparents, from whom the child claims eligibility;
``(2) whether the tribe, band, or other organized group of
Indians with which the child, his parents, or grandparents
claim membership is federally recognized;
``(3) the name and address of the parent or legal guardian;
``(4) the signature of the parent or legal guardian
verifying the accuracy of the information supplied; and
``(5) any other information which the Secretary deems
necessary to provide an accurate program profile.
``(c) Nothing in the requirements of subsection (b) may be
construed as affecting the definition set forth in section
6601. In order for a child to be counted in computing the
local educational agency's grant award, the eligibility form
for the child must contain at a minimum--
``(1) the child's name;
``(2) the name of the tribe, band, or other organized group
of Indians; and
``(3) the parent's dated signature.
The failure of an applicant to furnish any other information
listed in subsection (b) with respect to any child shall have
no bearing on the determination of whether the child is an
eligible Indian child.
``(d) The forms and the standards of proof (including the
standard of good faith compliance) that were in use during
the 1985-1986 academic year to establish a child's
eligibility for entitlement under the Indian Elementary and
Secondary School Assistance Act shall be the only forms and
standards of proof used to establish such eligibility and to
meet the requirements of subsection (a).
[[Page 537]]
``(e) For purposes of determining whether a child is an
eligible Indian child, the membership of the child, or any
parent or grandparent of the child, in a tribe, band, or
other organized group of Indians may be established by proof
other than an enrollment number, even if enrollment numbers
for members of such tribe, band, or groups are available.
Nothing in subsection (b) may be construed as requiring the
furnishing of enrollment numbers.
``(f)(1)(A) The Secretary shall conduct a monitoring and
evaluation review of a sampling of the recipients of grants
under this part each fiscal year, such sampling to take into
account size of the recipient and geographic location. The
purpose of the sampling shall be to provide the Secretary
with such information as is necessary to assist the Secretary
in carrying out his or her responsibility to provide
technical assistance under this part.
``(B) A local educational agency may not be held liable to
the United States, or be otherwise penalized, by reason of
the findings of an audit that relate to the date of
completion, or the date of submission, of any forms used to
establish, before April 28, 1988, a child's eligibility for
entitlement under the Indian Elementary and Secondary School
Assistance Act.
``(2) Any local educational agency that provides false
information in the application for a grant under this subpart
shall be ineligible to apply for any other grants under this
part and shall be liable to the United States for any funds
provided under this part that have not been expended.
``(3) Any student who provides false information on the
form required under subsection (d)(1) may not be taken into
account in determining the amount of any grant under this
part.
``(g) For purposes of distribution of funds under this Act
to schools funded by the Bureau of Indian Affairs, the
Secretary shall use the count of the number of students in
each such school funded under the Indian Student Equalization
Formula developed pursuant to section 1128 of Public Law 95-
561, in lieu of the requirements of this section.
``SEC. 6107. PAYMENTS.
``(a) General.--The Secretary shall pay each local
educational agency with an application approved under this
part the amount determined under section 6103, subject to
subsections (b) and (c) of this section and shall notify such
local educational agency of the amount no later than June 1
of the year in which the grant will be paid.
``(b) Payments Taken Into Account by the State.--The
Secretary shall not make a grant under this part for any
fiscal year to any local educational agency in a State that
has taken into consideration payments under this part (or
under subpart 1 of the Indian Education Act of 1988) in
determining the eligibility of the local educational agency
for State aid, or the amount of that aid, with respect to the
free public education of children during that year or the
preceding fiscal year.
``(c) Reduction of Payment for Failure To Maintain Fiscal
Effort.--(1) The Secretary shall not pay any local
educational agency the full amount determined under section
6103 for any fiscal year unless the State educational agency
notifies the Secretary, and the Secretary determines, that
the combined fiscal effort of that local agency and the State
with respect to the provision of free public education by
such local agency for the preceding fiscal year, computed on
either a per-student or aggregate expenditure basis, was not
less than 90 percent of such combined fiscal effort, computed
on the same basis, for the second preceding fiscal year.
``(2) If the Secretary determines for any fiscal year that
a local educational agency failed to maintain its fiscal
effort at the 90 percent level required by paragraph (1), the
Secretary shall--
``(A) reduce the amount of the grant that would otherwise
be made to the agency under this part in the exact proportion
of such agency's failure to maintain its fiscal effort at
such level; and
``(B) not use the reduced amount of the agency's
expenditures for the preceding year to determine compliance
with paragraph (1) for any succeeding fiscal year, but shall
use the amount of expenditures that would have been required
to comply with paragraph (1).
``(3)(A) The Secretary may waive the requirement of
paragraph (1), for not more than one year at a time, if the
Secretary determines that the failure to comply with such
requirement is due to exceptional or uncontrollable
circumstances, such as a natural disaster or a precipitous
and unforeseen decline in the agency's financial resources.
``(B) The Secretary shall not use the reduced amount of
such agency's expenditures for the fiscal year preceding the
fiscal year for which a waiver is granted to determine
compliance with paragraph (1) for any succeeding fiscal year,
but shall use the amount of expenditures that would have been
required to comply with paragraph (1) in the absence of the
waiver.
``(d) Reallocations.--The Secretary may reallocate, in the
manner the Secretary determines will best carry out the
purpose of this part, any amounts that--
``(1) based on estimates by local educational agencies or
other information, will not be needed by such agencies to
carry out their approved projects under this part; or
``(2) otherwise become available for reallocation under
this part.
``PART B--SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL
OPPORTUNITIES FOR INDIAN CHILDREN
``SEC. 6201. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR
INDIAN CHILDREN.
``(a) Purpose Coordination.--(1) It is the purpose of this
section to support projects that are to develop, text, and
demonstrate the effectiveness of services and programs to
improve educational opportunities and achievement of Indian
children.
``(2) The Secretary shall take such steps as are necessary
to achieve coordination of projects funded under this part
with other programs funded under this Act and with other
Federal programs operated for the benefit of American Indian
and Alaska Native children.
``(b) Eligible Applicants.--State educational agencies,
local educational agencies, Indian tribes, Indian
organizations, federally supported elementary and secondary
schools for Indian students, Indian institutions, including
Indian institutions of higher education, and consortia
thereof may apply for grants under this section.
``(c) Authorized Projects and Activities.--Recipients of
grants under this section shall use the grant funds to carry
out projects and activities that meet the purpose of this
section, such as--
``(1) innovative programs related to the educational needs
of educationally deprived children;
``(2) educational services not available to such children
in sufficient quantity or quality, including remedial
instruction, to raise the achievement of Indian children in 1
or more of the core curriculum areas of English, mathematics,
science, foreign languages, art, history, and geography;
``(3) bilingual and bicultural programs and projects;
``(4) special health and nutrition services, and other
related activities, which meet the special health, social,
and psychological problems of Indian children;
``(5) special compensatory and other programs and projects
designed to assist and encourage Indian children to enter,
remain in, or reenter school and to increase the rate of high
school graduation;
``(6) comprehensive guidance, counseling, and testing
services;
``(7) early childhood and kindergarten programs, including
family based preschool programs that emphasize school
readiness and parental skills, and services to Indian
children with disabilities;
``(8) partnership projects between local educational
agencies and institutions of higher education that allow high
school students to enroll in courses at the postsecondary
level to aid them in the transition from high school to
postsecondary education;
``(9) partnership projects between schools and local
businesses for school-to-work transition programs designed to
provide Indian youth with the knowledge and skills they need
to make an effective transition from school to a first job in
a high-skill, high-wage career;
``(10) programs designed to encourage and assist Indian
student to work toward, and gain entrance into, institutions
of higher education; and
``(11) other services which meet the needs of this section.
Preservice or in-service training of professional and
paraprofessional personnel may be a part of any program
authorized under this section.
``(d) Grants and Applications.--
``(1) Grants.--(A) The Secretary may make grants under this
section for up to 5 years. Grants may be made for the
planning, development, pilot operation, or demonstration of
any activity authorized under this section, with priority
given to those applications which present a plan for
combining 2 or more of these operations over a multiyear
period. The Secretary shall make such multiyear grants
subject to the conditions included below and shall provide
continuation funding for each fiscal year upon a positive
determination that the applicant has made substantial
progress in carrying out the operations covered under each
grant period, as set forth in the initial grant and any
subsequent modifications.'
``(B) The Secretary is also authorized to make
dissemination grants. Prior to making any such dissemination
grant, the Secretary shall make a finding that the material
or program to be disseminated has been adequately reviewed
and has shown (i) educational merit, and (ii) and ability to
be replicated.
``(2) Applications.--(A) Any eligible entity that desires
to receive a grant under this section shall submit an
application to the Secretary at such time and in such manner
as the Secretary may require.
``(B) Each application shall contain--
``(i) a description of how parents of Indian children and
representatives of Indian tribes have been, and will be,
involved in developing and implementing the project for which
assistance is sought;
``(ii) an assurance that the applicant will participate, at
the request of the Secretary, in any national evaluation of
projects under this section; and
``(iii) such other assurances and information as the
Secretary may reasonably require.
``SEC. 6202. PROFESSIONAL DEVELOPMENT.
``(a) Purpose.--The purpose of this section is to increase
the number of qualified Indian persons in professions serving
Indian people, and to provide training as teachers,
administrators, teacher aides, social workers, and ancillary
educational personnel, and to im-
[[Page 538]]
prove the skills of those presently serving in these
capacities.
``(b) Eligible Applicants.--Eligible applicants under this
section are--
``(1) institutions of higher education, including Indian
institutions of higher education;
``(2) State and local educational agencies, in consortium
with institutions of higher education; and
``(3) Indian tribes and organizations, in consortium with
institutions of higher education.
``(c) Authorized Projects and Activities.--(1) Each
recipient of a grant under this section shall use the grant
funds to provide support and training for Indian persons,
consistent with the purposes of this section. Such activities
may include, but are not limited to, a continuing program,
symposia, workshops, conferences, and direct financial
support.
``(2)(A) For education personnel, such training may be in-
service or preservice.
``(B) For those being trained in other fields, such
training shall be in programs that result in graduate
degrees.
``(3) In programs funded under this section, preference
shall be given to the training of Indians.
``(4) In making grants under this section, the Secretary
shall consider prior performance and may not limit
eligibility on the basis of the number of previous grants or
the length of time for which the applicant has received
grants.
``(d) Project Period.--The project period for each project
approved under this section shall be up to 5 years.
``(e) Service Obligation.--The Secretary shall, by
regulation, require that individuals who receive training
under this section perform related work which benefits Indian
people or repay all or a prorated part of the support
received. The Secretary shall establish by regulation a
mechanism for having the recipient provide information of
compliance with this requirement beginning within 12 months
of the completion of training received.
``SEC. 6203. FELLOWSHIPS FOR INDIAN STUDENTS.
``(a) In General.--During each fiscal year ending prior to
October 1, 1999, the Secretary is authorized to award
fellowships to be used for study in graduate and professional
programs at institutions of higher education. Such
fellowships shall be awarded to Indian students in order to
enable them to pursue a course of study of not more than 4
academic years leading toward a postbaccalaureate degree in
medicine, clinical psychology, psychology, law, education,
and related fields or leading to an undergraduate or graduate
degree in engineering, business administration, natural
resources, and related fields.
``(b) Stipends.--The Secretary shall pay to persons awarded
fellowships under subsection (a) such stipends (including
such allowances for subsistence of such persons and their
dependents) the Secretary may determine to be consistent with
prevailing practices under comparable federally supported
programs.
``(c) Payments to Institutions in Lieu of Tuition.--The
Secretary shall pay to the institution of higher education at
which the holder of a fellowship awarded under subsection (a)
is pursuing a course of study, in lieu of tuition charged
such holder, such amounts as the Secretary may determine to
be necessary to cover the cost of education provided the
holder of such a fellowship.
``(d) Special Rules.--
``(1) The Secretary may, if a fellowship awarded under
subsection (a) is vacated prior to the end of the period for
which it was awarded, award an additional fellowship for the
remainder of such period.
``(2) By no later than the date that is 45 days before the
commencement of an academic term, the Secretary shall provide
to each individual who is awarded a fellowship under
subsection (a) for such academic term written notice of the
amount of such fellowship and of any stipends or other
payments that will be made under this section to, or for the
benefit of, such individual for such academic term.
``(3) Not more than 10 percent of the fellowships awarded
under subsection (a) shall be awarded, on a priority basis,
to persons receiving training in guidance counseling with a
specialty in the area of alcohol and substance abuse
counseling and education.
``(e) Service Obligation.--The Secretary shall, by
regulation, require that individuals who receive financial
assistance under this section perform related work which
benefits Indian people or repay all or a prorated part of the
support received. The Secretary shall establish by regulation
a mechanism for having the recipient provide information of
compliance with this requirement beginning within 12 months
of the completion of training received.
``SEC. 6204. GIFTED AND TALENTED.
``(a) Establishment of Centers.--The Secretary shall
establish 2 centers for gifted and talented Indian students
at tribally controlled community colleges.
``(b) Demonstration Projects.--
``(1) The Secretary shall award separate grants to, or
enter into contracts with--
``(A) 2 tribally controlled community colleges that--
``(i) are eligible for funding under the Tribally
Controlled Community College Assistance Act of 1978, and
``(ii) are fully accredited, or
``(B) if acceptable applications are not submitted to the
Secretary by 2 of such colleges, the American Indian Higher
Education Consortium,
for the establishment of centers under subsection (a) and for
demonstration projects designed to address the special needs
of Indian students in elementary and secondary schools who
are gifted and talented and to provide such support services
to their families that are needed to enable the students to
benefit from the project.
``(2) Any person to whom a grant is made, or with whom a
contract is entered into, under paragraph (1) may enter into
a contract with any other persons, including the Children's
Television Workshop, for the purpose of carrying out the
demonstration projects for which such grant was awarded or
for which the contract was entered into by the Secretary.
``(3) Demonstration projects funded under this section may
include--
``(A) the identification of the special needs of gifted and
talented students, particularly at the elementary school
level, with attention to the emotional and psychosocial needs
of these students and to the provision of those support
services to their families that are needed to enable these
students to benefit from the project;
``(B) the conduct of educational, psychosocial, and
developmental activities which hold reasonable promise of
resulting in substantial progress toward meeting the
educational needs of such gifted and talented children,
including, but not limited to, demonstrating and exploring
the use of Indian languages and exposure to Indian cultural
traditions, and mentoring and apprenticeship programs;
``(C) the provision of technical assistance and the
coordination of activities at schools which receive grants
under subsection (c) with respect to the activities funded by
such grants, the evaluation of programs at such schools
funded by such grants, or the dissemination of such
evaluations;
``(D) the use of public television in meeting the special
educational needs of such gifted and talented children;
``(E) leadership programs designed to replicate programs
for such children throughout the United States, including the
dissemination of information derived from the demonstration
projects conducted under this section; and
``(F) appropriate research, evaluation, and related
activities pertaining to the needs of such children and to
the provision of such support services to their families that
are needed to enable such children to benefit from the
project.
``(c) Additional Grants.--
``(1) The Secretary, in consultation with the Secretary of
the Interior, shall provide 5 grants to schools that are
Bureau funded schools for program research and development
regarding, and the development and dissemination of
curriculum and teacher training material regarding--
``(A) gifted and talented students,
``(B) college preparatory studies (including programs for
Indian students interested in teaching careers),
``(C) students with special culturally related academic
needs, including social, lingual, and cultural needs, and
``(D) math and science education.
``(2) Applications for the grants provided under paragraph
(1) shall be submitted to the Secretary in such form and at
such time as the Secretary may prescribe. Applications for
such grants by Bureau schools, and the administration of any
of such grants made to a Bureau school, shall be undertaken
jointly by the supervisor of the Bureau school and the local
school board.
``(3) Grants may be provided under paragraph (1) for one or
more activities described in paragraph (1).
``(4) In providing grants under paragraph (1), the
Secretary shall--
``(A) achieve a mixture of programs described in paragraph
(1) which ensures that students at all grade levels and in
all geographic areas of the United States are able to
participate in some programs funded by grants provided under
this subsection, and
``(B) ensure that a definition of the term `gifted and
talented student' for purposes of this section and section
1128(c)(3)(A)(i) of the Education Amendments of 1978 is
developed as soon as possible.
``(5) Subject to the availability of appropriated funds,
grants provided under paragraph (1) shall be made for a 3-
year period and may be renewed by the Secretary for
additional 3-year periods if performance by the grantee is
satisfactory to the Secretary.
``(6)(A) The dissemination of any materials developed from
activities funded by grants provided under paragraph (1)
shall be carried out in cooperation with institutions
receiving funds under subsection (b).
``(B) The Secretary shall report to the Secretary of the
Interior and to the Congress any results from activities
described in paragraph (4)(B).
``(7)(A) The costs of evaluating any activities funded by
grants made under paragraph (1) shall be divided between the
school conducting such activities and the demonstration
project recipients under subsection (b).
``(B) If no funds are provided under subsection (b) for--
``(i) the evaluation of activities funded by grants made
under paragraph (1),
``(ii) technical assistance and coordination with respect
to such activities, or
``(iii) dissemination of such evaluations,
the Secretary shall, by grant or through contract, provide
for such evaluations, technical assistance, coordination, and
dissemination.
``(d) Information Network.--The Secretary shall encourage
persons to whom a grant is made, or with whom a contract is
[[Page 539]]
entered into, under this section to work cooperatively as a
national network so that the information developed by such
persons is readily available to the entire educational
community.
``PART C--SPECIAL PROGRAMS RELATING TO ADULT EDUCATION FOR INDIANS
``SEC. 6301. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR
ADULT INDIANS.
``(a) In General.--The Secretary shall carry out a program
of awarding grants to State and local educational agencies
and to Indian tribes, institutions, and organizations--
``(1) to support planning, pilot, and demonstration
projects which are designed to test and demonstrate the
effectiveness of programs for improving employment and
educational opportunities for adult Indians;
``(2) to assist in the establishment and operation of
programs which are designed to stimulate--
``(A) the provision of basic literacy opportunities to all
nonliterate Indian adults, and
``(B) the provision of opportunities to all Indian adults
to qualify for a high school equivalency certificate in the
shortest period of time feasible;
``(3) to support a major research and development program
to develop more innovative and effective techniques for
achieving the literacy and high school equivalency goals;
``(4) to provide for basic surveys and evaluations to
define accurately the extent of the problems of illiteracy
and lack of high school completion among Indians; and
``(5) to encourage the dissemination of information and
materials relating to, and the evaluation of the
effectiveness of, education programs which may offer
educational opportunities to Indian adults.
``(b) Educational Services.--The Secretary is authorized to
make grants to Indian tribes, Indian institutions, and Indian
organizations to develop and establish educational services
and programs specifically designed to improve educational
opportunities for Indian adults.
``(c) Information and Evaluation.--The Secretary is also
authorized to make grants to, and to enter into contracts
with, public agencies and institutions and Indian tribes,
institutions, and organizations for--
``(1) the dissemination of information concerning
educational programs, services, and resources available to
Indian adults, including evaluations thereof; and
``(2) the evaluation of federally assisted programs in
which Indian adults may participate to determine the
effectiveness of such programs in achieving the purposes of
such programs with respect to such adults.
``(d) Applications.--
``(1) Applications for a grant under this section shall be
submitted at such time, in such manner, contain such
information, and be consistent with such criteria, as may be
required under regulations prescribed by the Secretary. Such
applications shall--
``(A) set forth a statement describing the activities for
which assistance is sought; and
``(B) provide for an evaluation of the effectiveness of the
project in achieving its purposes and the purposes of this
section.
``(2) The Secretary shall not approve an application for a
grant under subsection (a) unless the Secretary is satisfied
that such application, and any documents submitted with
respect thereto, indicate that--
``(A) there has been adequate participation by the
individuals to be served and tribal communities in the
planning and development of the project, and
``(B) there will be such a participation in the operation
and evaluation of the project.
``(3) In approving applications under subsection (a), the
Secretary shall give priority to applications from Indian
educational agencies, organizations, and institutions.
``PART D--NATIONAL ACTIVITIES AND GRANTS TO STATES
``SEC. 6401. NATIONAL ACTIVITIES.
``(a) Authorized Activities.--From funds appropriated for
any fiscal year to carry out this section, the Secretary
may--
``(1) conduct research related to effective approaches to
the education of Indian children and adults;
``(2) evaluate federally assisted education programs from
which Indian children and adults may benefit;
``(3) collect and analyze data on the educational status
and needs of Indians; and
``(4) carry out other activities consistent with the
purpose of this Act.
``(b) Eligibility.--The Secretary may carry out any of the
activities described in subsection (a) directly or through
grants to, or contracts or cooperative agreements with,
Indian tribes, Indian organizations, State educational
agencies, local educational agencies, institutions of higher
education, including Indian institutions of higher education,
and other public and private agencies and institutions.
``(c) Coordination.--Research activities supported under
this section--
``(1) shall be carried out in consultation with the Office
of Educational Research and Improvement to assure that such
activities are coordinated with and enhance the research and
development activities supported by the Office; and
``(2) may include collaborative research activities which
are jointly funded and carried out by the Office of Indian
Education and the Office of Educational Research and
Improvement.
``SEC. 6402. STATE EDUCATIONAL AGENCY REVIEW.
``(a) Before submitting its application to the Secretary,
the local educational agency shall submit its application to
the State educational agency.
``(b) The State education agency may send to the Secretary
comments on each local educational agency application its
reviews. The Secretary shall take such comments into
consideration in reviewing such application.
``PART E--FEDERAL ADMINISTRATION
``SEC. 6501. OFFICE OF INDIAN EDUCATION.
``(a) Office of Indian Education.--There shall be an Office
of Indian Education (referred to in this section as `the
Office') in the Department of Education.
``(b) Director.--(1) The Office shall be under the
direction of the Director, who shall be appointed by the
Secretary and who shall report directly to the Assistant
Secretary for Elementary and Secondary Education.
``(2) The Director shall--
``(A) be responsible for administering this title;
``(B) be involved in, and be primarily responsible for, the
development of all policies affecting Indian children and
adults under programs administered by the Office of
Elementary and Secondary Education;
``(C) coordinate the development of policy and practice for
all programs in the Department relating to Indian persons;
and
``(D) assist the Assistant Secretary of the Office of
Educational Research and Improvement in identifying research
priorities related to the education of Indian persons.
``(3) The Director of the Office shall be a member of the
career Senior Executive Service.
``(c) Indian Preference in Employment.--(1) The Secretary
shall give a preference to Indian persons in all personnel
actions in the Office.
``(2) Such preference shall be implemented in the same
fashion as the preference given to any veteran under section
2609 of the Revised Statutes, section 45 of title 25, United
States Code.
``SEC. 6502. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.
``(a) Membership.--There shall be a National Advisory
Council on Indian Education (referred to in this section as
`the Council'), which shall--
``(1) consist of 15 Indian members, who shall be appointed
by the President from lists of nominees furnished, from time
to time, by Indian tribes and organizations; and
``(2) represent different geographic areas of the country.
``(b) Duties.--The Council shall--
``(1) advise the Secretary on the funding and
administration, including the development of regulations and
of administrative policies and practices, of any program,
including programs under this title, for which the Secretary
is responsible and in which Indian children or adults
participate or from which they can benefit;
``(2) make recommendations to the Secretary for filling the
Director's position whenever a vacancy occurs in such
position; and
``(3) submit to the Congress, by June 30 of each year, a
report on its activities, which shall include--
``(A) any recommendations it finds appropriate for the
improvement of Federal education programs in which Indian
children or adults participate, or from which they can
benefit; and
``(B) its recommendations with respect to the funding of
any such programs.
``SEC. 6503. PEER REVIEW.
``In reviewing applications under parts B, C, and D of this
title, the Secretary may use a peer review process.
``SEC. 6504. PREFERENCE FOR INDIAN APPLICANTS.
``In making grants under parts B and C of this title, the
Secretary shall give a preference to Indian tribes, Indian
organizations, and Indian institutions of higher education
under any program for which they are eligible to apply.
``SEC. 6505. MINIMUM GRANT CRITERIA.
``In making grants under parts B and C of this title, the
Secretary shall approve only projects that are--
``(1) of sufficient size, scope, and quality to achieve the
purpose of the section under which assistance is sought; and
``(2) based on relevant research findings.
``PART F--DEFINITIONS; AUTHORIZATIONS OF APPROPRIATIONS
``SEC. 6601. DEFINITIONS.
``The following definitions apply to terms as used in this
title:
``(1) The term `adult' means an individual who is either--
``(A) not less than 16 years old; or
``(B) beyond the age of compulsory school attendance under
State law.
``(2) The term `adult education' has the meaning given such
term in section 312(2) of the Adult Education Act.
``(3) The term `free public education' means education that
is--
``(A) provided at public expense, under public supervision
and direction, and without tuition charge; and
``(B) provided as elementary or secondary education in the
applicable State or to preschool children.
``(4) The term `Indian' means an individual who is--
``(A) a member of an Indian tribe or band, as membership is
defined by the tribe or band, including--
``(i) tribes and bands terminated since 1940; and
``(ii) tribes and bands recognized by the State in which
they reside;
[[Page 540]]
``(B) a descendant, in the first or second degree, of an
individual described in subparagraph (A);
``(C) considered by the Secretary of the Interior to be an
Indian for any purpose; or
``(D) an Eskimo, Aleut, or other Alaska Native.
``SEC. 6602. AUTHORIZATIONS OF APPROPRIATIONS.
``(a) Part A.--For the purpose of carrying out part A of
this title, there are authorized to be appropriated
$61,300,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``(b) Parts B Through D.--For the purpose of carrying out
parts B, C, and D of this title, there are authorized to be
appropriated $20,925,000 for fiscal year 1995 and such sums
as may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.
``(c) Part E.--For the purpose of carrying out part E of
this title, including section 6502, there are authorized to
be appropriated $3,775,000 for fiscal year 1995 and such sums
as may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.
``TITLE VII--BILINGUAL EDUCATION PROGRAMS
``SEC. 7001. SHORT TITLE.
``This title may be cited as the `Bilingual Education Act'.
``SEC. 7002. FINDINGS, POLICY, AND PURPOSE.
``(a) Findings.--The Congress finds that--
``(1) language-minority Americans constitute a large and
growing proportion of the Nation's population;
``(2) language-minority Americans speak virtually all world
languages plus many that are indigenous to the United States;
``(3) the presence of language-minority Americans is
related in part to Federal immigration policies;
``(4) many language-minority Americans are limited in their
English proficiency, and many have limited education and
income;
``(5) limited-English-proficient children and youth, like
all other children and youth, have diverse educational needs
and strengths and therefore require access to all educational
programs and services;
``(6) the Federal Government has a responsibility for the
education of American Indians and a special obligation to
Native Alaskans, Native Hawaiians and native residents of the
territories and freely associated nations to redress the
effect of past Federal policies;
``(7) institutions of higher education can assist in
preparing teachers, administrators and other school personnel
to understand and build upon the educational strengths and
needs of language-minority and culturally diverse student
enrollments;
``(8) it is the purpose of this title to help ensure that
limited-English-proficient students master English and
develop high levels of academic attainment in content areas;
``(9) quality bilingual education programs enable children
and youth to learn English and meet high academic standards
including proficiency in more than one language;
``(10) as the world becomes increasingly interdependent and
as international communication becomes a daily occurrence in
government, business, commerce, and family life, multilingual
skills constitute an important national resource which
deserves protection and development;
``(11) educational technology has the potential for
improving the education of language-minority and limited-
English-proficient students and their families, and the
Federal Government should foster this development;
``(12) research, development, implementation and
dissemination of effective bilingual education methods,
practices, and programs for limited-English-proficient
children are essential to systemwide school reform that
improves education for all children; and
``(13) a recognized means by which a child learns is
through the use of the child's native language, cultural
heritage, and instructional programs which use and build upon
a child's non-English native language and cultural heritage
to promote parent and community involvement in education,
student self-esteem, proficiency in English, and subject
matter achievement.
``(b) Policy.--The Congress declares it to be the policy of
the United States, in order to ensure equal educational
opportunity for all children and youth and to promote
educational excellence, to assist State and local educational
agencies, institutions of higher education, and community-
based organizations to build their capacity to establish,
implement, and sustain programs of instruction for language
minority and limited-English-proficient children and youth.
``(c) Purpose.--The purpose of this title is to educate
language minority and limited-English-proficient children and
youth to meet the same rigorous standards for academic
performance expected of all children and youth, including
meeting challenging State performance standards in academic
areas by developing--
``(1) systemic improvement and reform of educational
programs serving language-minority and limited-English-
proficient students through the development and
implementation of exemplary bilingual education programs and
special alternative instruction programs;
``(2) data collection and dissemination, research,
materials development, and technical assistance which is
focused on school improvement for language-minority and
limited-English-proficient students; and
``(3) programs which strengthen and improve the
professional training of educational personnel who work with
limited-English-proficient and language-minority students.
``SEC. 7003. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--For the purpose of carrying out the
provisions of this title (except part F), there are
authorized to be appropriated $215,000,000 for the fiscal
year 1995 and such sums as may be necessary for each of the
fiscal years 1996, 1997, 1998, and 1999.
``(b) Distribution.--From the sums appropriated under
subsection (a) for any fiscal year, the Secretary shall
reserve at least 25 percent for part C of this title.
``SEC. 7004. DEFINITIONS; REGULATIONS.
``(a) General Rule.--For purposes of this title--
``(1) The term `native language', when used with reference
to an individual, means the language normally used by such
individuals, or, in the case of a child, the language
normally used by the parents of the child.
``(2) The term `language-minority' means--
``(A) individuals whose native language is other than
English;
``(B) individuals who usually speak a language other than
English or come from home environments where a language other
than English is usually spoken; or
``(C) American Indians, Alaskan Natives, and Native
Hawaiians and native residents of the territories and freely
associated nations.
``(3) The term `limited-English-proficient' means a
language-minority person who has difficulty understanding,
speaking, reading, or writing the English language at a level
appropriate to his or her age and grade and is, thereby,
academically disadvantaged in programs conducted exclusively
in English.
``(4) The term `bilingual education' refers to educational
programs for limited-English-proficient students which make
instructional use of both English and a student's native
language. Programs of bilingual education must enable
limited-English-proficient students to achieve English
proficiency and academic mastery of subject matter content
and higher order skills, including critical thinking, so as
to meet age-appropriate grade-promotion and graduation
standards in concert with national education goals. Bilingual
education programs may also develop the native language
skills of limited-English-proficient students, or ancestral
languages of American Indians, Alaskan Natives, Native
Hawaiians and native residents of the territories and freely
associated nations. English proficient students may
participate in bilingual education programs if the programs
are designed to enable all enrolled students to become
proficient in English and a second language.
``(5) The term `special alternative instructional program'
refers to educational programs for limited-English-proficient
students which utilize specially designed English language
curricula and services but do not use the student's native
language for instructional purposes. Special alternative
instructional programs must enable limited-English-proficient
students to achieve English proficiency and academic mastery
of subject matter content and higher order skills, including
critical thinking so as to meet age-appropriate grade-
promotion and graduation standards in concert with national
education goals. Special alternative instructional programs
are suitable for schools where the diversity of the limited-
English-proficient students' native languages and the small
number of students speaking each respective language makes
bilingual education impractical and where there is a critical
shortage of bilingual education teachers.
``(6) The term `family education programs' refers to
bilingual education or special alternative instructional
programs designed to help limited-English-proficient adults
and out-of-school youths achieve proficiency in the English
language and to provide instruction on how parents and family
members can facilitate the educational achievement of their
children. When feasible, instructional programs such as the
model developed under the Even Start Literacy Programs that
promote adult literacy and train parents to support the
educational growth of their children shall be developed.
Programs shall give preference to participation by parents
and immediate family members of children attending school.
Family education programs may also provide instruction to
facilitate higher education and employment outcomes.
``(7) The term `institution of higher education' has the
meaning given such term in section 1201(a) of the Higher
Education Act of 1965.
``(8) The term `Office' means the Office of Bilingual
Education and Minority Languages Affairs.
``(9) The term `community college' has the meaning given
such term in section 1201(a) of the Higher Education Act of
1965 for an institution which provides not less than a 2-year
program which is acceptable for full credit toward a
bachelor's degree, including institutions receiving
assistance under the Tribally Controlled Community College
Assistance Act of 1978.
``(10) The term `paraprofessional' means an individual who
is employed in preschool or elementary or secondary school
under the supervision of a certified or licensed teacher,
including individuals employed in bilingual education,
special education and migrant education.
``(11) The term `other programs for persons of limited-
English-proficiency' means any programs administered by the
Secretary
[[Page 541]]
that serve persons of limited-English-proficiency.
``(12) The term `community-based organization' means a
private nonprofit organization or Indian tribe or tribally
sanctioned educational authority which is representative of a
community or significant segments of a community and which
provides educational or related services to individuals in
the community. The term `community-based organization'
includes Native Hawaiian organizations (including Native
Hawaiian education organizations) as defined in section 4009
of Public Law 100-297).
``(13) The term `children and youth' means individuals aged
3 through 21.
``(14) The term `immigrant children and youth' means
individuals who--
``(A) are aged 3 through 21;
``(B) were not born in any State; and
``(C) have not been attending 1 or more schools in any 1 or
more States for more than 2 full academic years.
``(b) Regulation Rule.--In developing regulations under
this title, the Secretary shall consult with State and local
educational agencies, organizations representing limited-
English-proficient individuals, and organizations
representing teachers and other personnel involved in
bilingual education.
``(c) Parental Notification.--Parents of children and youth
participating in programs assisted under this title shall be
informed of--
``(1) a student's level of English proficiency, how it was
assessed, the status of a student's academic achievement and
the implications of a student's educational strengths and
needs for age and grade appropriate academic attainment,
promotion, and graduation;
``(2) what programs are available to meet the student's
educational strengths and needs and how the programs differ
in content and instructional goals, and in the case of a
disabled student, how the program meets the objectives of a
student's individualized education program;
``(3) the instructional goals of the bilingual education or
special alternative instructional program, and how the
program will specifically help the limited-English-proficient
student acquire English and meet age-appropriate standards
for grade-promotion and graduation, including--
``(A) the benefits and nature of the bilingual educational
program and of the instructional alternatives; and
``(B) the reasons for the selection of their child as being
in need of bilingual education.
``(4)(A) Parents shall also be informed that they have the
option of declining enrollment of their children and youth in
such programs and shall be given an opportunity to do so if
they so choose.
``(B) Local educational agencies are not relieved of any of
their obligations under title VI of the Civil Rights Act of
1964 because parents choose not to enroll their children in
bilingual education programs.
``(5) Parents must receive, in a manner and form
understandable to them, including, if necessary and to the
extent feasible, in their native language, the information
required by this subsection. At a minimum, parents must
receive--
``(A) timely information about projects funded under this
part; and
``(B) if the parents of participating children so desire,
notice of opportunities for regular meetings for the purpose
of formulating and responding to recommendations from such
parents.
``(6) no action may involve the admission or exclusion of
students to or from any federally assisted education program
merely on the basis of the surnames or language-minority
status of such students.
``SEC. 7005. INDIAN AND ALASKAN NATIVE CHILDREN IN SCHOOLS.
``(a) Eligible Entities.--For the purpose of carrying out
programs under this title for individuals served by
elementary, secondary, or postsecondary schools operated
predominately for Indian or Alaska Native children and youth,
an Indian tribe, a tribally sanctioned educational authority,
or an elementary or secondary school that is operated or
funded by the Bureau of Indian Affairs shall be considered to
be a local educational agency as such term is used in this
title, subject to the following qualifications:
``(1) The term `Indian tribe' means any Indian tribe, band,
nation, or other organized group or community, including any
Alaska Native village or regional or village corporation as
defined in or established pursuant to the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.), that is
recognized for the special programs and services provided by
the United States to Indians because of their status as
Indians.
``(2) The term `tribally sanctioned educational authority'
means--
``(A) any department or division of education operating
within the administrative structure of the duly constituted
governing body of an Indian tribe; or
``(B) any nonprofit institution or organization that is--
``(i) chartered by the governing body of an Indian tribe to
operate any such school or otherwise to oversee the delivery
of educational services to members of that tribe; and
``(ii) approved by the Secretary for the purpose of this
section.
``(b) Bureau of Indian Affairs Schools.--From the sums
appropriated pursuant to section 7003, the Secretary is
authorized to make payments to applicants to carry out
programs of bilingual education or special alternative
instruction for Indian children served by elementary and
secondary schools operated or funded by the Bureau of Indian
Affairs.
``(c) Annual Report.--(1) The Assistant Secretary of the
Interior for the Bureau of Indian Affairs in collaboration
with the Secretary shall submit to the Congress, the
President, and the Secretary, by September 30 of each year, a
report which provides--
``(A) an assessment of the educational outcomes and needs
of Indian children with respect to the purposes of this title
in schools operated or funded by the Department of the
Interior, including tribes and local educational agencies
receiving assistance under the Johnson-O'Malley Act and the
Native American Languages Act; and
``(B) an assessment of the extent to which such needs are
being met by funds provided to such schools for educational
purposes through the Secretary of the Interior.
``(2) The results presented in this report shall be
included in the report under section 7401 of this Act.
``(3) The assessments required under this subsection shall
be waived if such assessments duplicate similar assessment
requirements under other Federal or tribal laws.
``SEC. 7006. RESIDENTS OF THE TERRITORIES AND FREELY
ASSOCIATED NATIONS.
``For the purpose of carrying out programs under this title
in Guam and the freely associated nations, the term `local
educational agency' shall include public institutions or
agencies whose mission is the preservation and maintenance of
native languages.
``PART A--BILINGUAL EDUCATION CAPACITY AND DEMONSTRATION GRANTS
``SEC. 7101. PURPOSE OF GRANTS.
``Grants under this part shall be used to develop the
capacity of local educational agencies, institutions of
higher education, and community-based organizations which
provide educational programs to initiate, develop, enhance or
improve bilingual education or special alternative
instruction programs for children and youth of limited-
English-proficiency.
``SEC. 7102. PROGRAM DEVELOPMENT AND IMPLEMENTATION GRANTS.
``(a) Purpose.--The purpose of this section is to develop
and implement new comprehensive, coherent, and successful
bilingual education or special alternative instructional
programs for limited-English-proficient students including
programs of early childhood education, K-12 education, gifted
and talented education, and vocational and applied technology
education.
``(b) Program Authorized.--
``(1) The Secretary is authorized to make program
development and implementation grants of up to $100,000
annually for 3 years with 1 additional year upon the
Secretary's approval.
``(2) Grants approved under this section shall be used to
improve the education of limited-English-proficient students
and their families by--
``(A) developing and implementing comprehensive preschool,
elementary, or secondary bilingual education or special
alternative instructional programs that are coordinated with
other relevant programs and services to meet the full range
of educational needs of limited-English-proficient students;
and
``(B) providing in service training to classroom teachers,
administrators, and other school or community-based
organizational personnel to improve the instruction and
assessment of language-minority and limited-English-
proficient students.
``(3) Grants approved under this section may be used to
improve the education of limited-English-proficient students
and their families by--
``(A) implementing family education programs and
activities; and
``(B) improving the instructional program for limited-
English-proficient students by upgrading curriculum,
instructional materials, and assessment procedures and, if
appropriate, applying educational technology.
``(c) Eligible Entities.--A grant may be made under this
section only upon application by one or more local
educational agencies, applying alone or in collaboration with
an institution of higher education, community-based
organization or local or State educational agency. A grant
may also be made under this section upon application by a
community-based organization which is agreed to by the local
educational agency to develop and implement early childhood
education or family education programs or to conduct an
instructional program which supplements the educational
services provided by a local educational agency.
``(d) Distribution.--The Secretary shall, to the extent
practicable, award grants equally among early childhood
education, elementary education, and secondary education
programs.
``SEC. 7103. PROGRAM ENHANCEMENT PROJECTS.
``(a) Purpose.--The purpose of this section is to carry out
highly focused, innovative, locally designed projects to
expand or enhance existing bilingual education or special
alternative instructional programs for limited-English-
proficient students.
``(b) Program Authorized.--
``(1) The Secretary is authorized to make program
enhancement project grants of up to $100,000 for 2 years to
eligible applicants.
``(2) Grants approved under this section shall be used for
providing in-service training to classroom teachers,
administrators, and other school or community-based
organization personnel to improve the instruction and
assessment of language-minority and limited-English-
proficient students.
[[Page 542]]
``(3) Grants approved under this section may be used for--
``(A) improving the instructional program for limited-
English-proficient students by upgrading curriculum,
instructional materials, and assessment procedures and, if
appropriate, applying educational technology;
``(B) implementing family education programs and
activities; and
``(C) providing intensified instruction.
``(c) Eligible Entities.--A grant may be made under this
section only upon application by one or more local
educational agencies, applying alone or in collaboration with
an institution of higher education, community-based
organization or local or State educational agency. A grant
also may be made under this section upon application by a
community-based organization which is agreed to by the local
educational agency to enhance early childhood education or
family education programs or to conduct an instructional
project which supplements the educational services provided
by a local educational agency.
``SEC. 7104. WHOLE-SCHOOL PROGRAMS.
``(a) Purpose.--The purpose of this section is to provide
financial assistance to eligible applicants to reform,
restructure, and upgrade all relevant programs and operations
within an individual school to fulfill the comprehensive
educational needs of all of a school's limited-English-
proficient students and their families.
``(b) Program Authorized.--
``(1) The Secretary is authorized to make 5-year grants of
up to $100,000 for the first year and up to $250,000 for each
of the subsequent 4 years to eligible applicants.
``(2) Grants approved under this section shall be used to
improve education of limited-English-proficient students and
their families by reviewing, restructuring, and upgrading in-
service training for all school staff and, if appropriate,
for community-based organization personnel.
``(3) Grants approved under this section may be used to
improve the education of limited-English-proficient students
and their families by reviewing, restructuring, and
upgrading--
``(A) the school's instructional program for limited-
English-proficient students including curriculum,
instructional materials, and assessment systems, and, if
appropriate, the application of educational technology;
``(B) family education programs and activities; and
``(C) intensified instruction.
``(4) During the first year of the grant, a priority is
established in use of funds for preparatory activities
including planning, training, curriculum development, and
materials acquisition or development.
``(c) Eligible Entities.--A grant may be made under this
section only upon application by one or more local
educational agencies, applying alone or in collaboration with
an institution of higher education, community-based
organizations or local or State educational agency.
``SEC. 7105. SYSTEM-WIDE IMPROVEMENT GRANTS.
``(a) Purpose.--The purpose of this section is to provide
financial assistance to improve, reform, and upgrade relevant
programs and operations with an entire local educational
agency to fulfill the comprehensive educational needs of all
the agency's limited-English-proficient students and, to the
extent feasible, their families.
``(b) Program Authorized.--
``(1) The Secretary is authorized to make 5-year grants of
up to $1,000,000 for the first year and up to $5,000,000 for
each of the subsequent 4 years to eligible applicants.
``(2) Grants approved under this section may be used during
the first 12 months exclusively for activities preparatory to
the delivery of services.
``(3) Grants approved under this section may be used to
improve education of limited-English-proficient students and
their families by reviewing, restructuring, and upgrading--
``(A) educational goals, curriculum guidelines and content,
standards and assessments;
``(B) personnel policies and practices including
recruitment, certification, staff development, and
assignment;
``(C) student grade-promotion and graduation requirements;
``(D) student assignment policies and practices;
``(E) program delivery standards, management information
and accountability systems;
``(F) instructional and extracurricular programs and
services; and
``(G) application of educational technology.
``(c) Eligible Entities.--A grant may be made under this
section only upon application by one or more local
educational agencies, applying alone or in collaboration with
an institution of higher education, community-based
organization or local or State educational agency.
``(d) Priority.--The Secretary shall give priority to
applications from--
``(1) applicants which enroll a large percentage or large
number of limited-English-proficient students; and
``(2) consortia of eligible applicants to serve limited-
English-proficient students in rural and linguistically
isolated settings.
``SEC. 7106. APPLICATIONS.
``(a) Submission.--To receive a grant under this part,
applicants shall submit an application to the Secretary in
such form and containing such information as the Secretary
may require:
``(1) An application for a grant under this part shall be
developed in consultation with, and shall provide for the
continuing involvement of, an advisory council which shall be
composed of representatives responsible for implementing
grant activities and of parents and other relatives of the
children to be served in such programs; parents shall
comprise a majority of all council members.
``(2) All applicants for grants under this part, except for
those applicants identified in section 7005, shall submit a
copy of the application to the relevant State educational
agency. The State educational agency may submit to the
Secretary written comments on the application with respect to
how the applications further State education improvement
plans including any developed under Goals 2000: Educate
America Act (if such plans exist) or title I of this Act. If
the State educational agency of a State submits written
comments on any application, it must submit written comment
on all applications within that same grant category from
within that State. The Secretary shall take comments into
consideration when funding applications under this part.
``(b) Required Documentation.--Such application shall
include documentation that the applicant has the qualified
personnel required to develop, administer, and implement the
proposed program.
``(c) Contents.--(1) An application for a grant under this
part shall contain the following:
``(A) A description of the need for the proposed program,
including data on the number of children and youth of
limited-English-proficiency in the school or district to be
served and their characteristics, such as language spoken,
dropout rates, proficiency in English and the native
language, academic standing in relation to their English
proficient peers, and, where applicable, the recency of
immigration.
``(B) A description of the program to be implemented and
how its design--
``(i) relates to the linguistic and academic needs of the
children and youth of limited-English-proficiency to be
served;
``(ii) is consistent with, and promotes the goals in, the
local educational agency plan under title III of the Goals
2000: Educate America Act, if such plan exists, and the local
educational agency's plan under title I of this Act,
particularly as those plans relate to the education of
children and youth of limited-English-proficiency;
``(iii) involves the parents of the children and youth of
limited-English-proficiency to be served;
``(iv) ensures accountability in the expected student
outcomes; and
``(v) promotes coordination of services for the children
and youth of limited-English-proficiency to be served and
their families.
``(C) A description, if appropriate, of the applicant's
collaborative activities with institutions of higher
education, community-based organizations, local or State
educational agencies, private schools, nonprofit
organizations, or businesses in carrying out the proposed
program.
``(D) An assurance that the applicant will not reduce the
level of State and local funds that it expends for bilingual
education or special alternative instruction programs if it
receives an award under this part.
``(E) A budget for grant funds.
``(2) An application for a grant under section 7102 or 7104
shall also contain a description of the instructional
program, student services, in-service training, and family
education programs to be provided under the grant.
``(3) An application for a grant under section 7103 shall
also contain the following:
``(A) A description of the existing bilingual education or
special alternative instruction program which the project is
designed to enhance.
``(B) A description of the proposed project activities.
``(4) An application for a grant under section 7105 shall
also contain a description of the activities which would be
carried out under the grant.
``(d) Approval of Applications.--An application for a grant
under this part may be approved only if the Secretary
determines that--
``(1) the program will use qualified personnel, including
those personnel who are proficient in the language or
languages used for instruction;
``(2) in designing the program for which application is
made, the needs of children in nonprofit private elementary
and secondary schools have been taken into account through
consultation with appropriate private school officials and,
consistent with the number of such children enrolled in such
schools in the area to be served whose educational needs are
of the type and whose language and grade levels are of a
similar type that the program is intended to address, after
consultation with appropriate private school officials,
provision has been made for the participation of such
children on a basis comparable to that provided for public
school children;
``(3) student evaluation and assessment procedures in the
program are valid, reliable, and fair for limited-English-
proficient students, and that limited-English-proficient
students who are disabled are identified and served in
accordance with the requirements of the Individuals with
Disabilities Education Act;
``(4) Federal funds made available for the project or
activity will be used so as to supplement the level of State
and local funds
[[Page 543]]
that, in the absence of such Federal funds, would have been
expended for special programs for children of limited-
English-proficient individuals and in no case to supplant
such State and local funds, except that nothing in this
paragraph shall preclude a local educational agency from
using funds under this title for activities carried out under
an order of a court of the United States or of any State
respecting services to be provided such children, or to carry
out a plan approved by the Secretary as adequate under title
VI of the Civil Rights Act of 1964 with respect to services
to be provided such children;
``(5) the assistance provided under the application will
contribute toward building the capacity of the applicant to
provide a program on a regular basis, similar to that
proposed for assistance, which will be of sufficient size,
scope, and quality to promise significant improvement in the
education of students of limited-English-proficiency, and
that the applicant will have the resources and commitment to
continue the program when assistance under this title is
reduced or no longer available; and
``(6) the applicant provides for utilization of the State
and national dissemination sources for program design and in
dissemination of results and products.
``(e) Special Consideration and Priorities.--
``(1) Students may participate in any program receiving
funds under this part for the duration of the program.
``(2) The Secretary shall give priority to applications
which provide for the development of bilingual proficiency
for all participating students.
``(3) Grants for special alternative instructional programs
shall not exceed 25 percent of the funds provided for any
type of grant under any section or of total funds provided
under this part.
``(4) Notwithstanding paragraph (3), the Secretary may
award grants for special alternative instructional programs
if an applicant has demonstrated that they cannot develop and
implement a bilingual education program for the following
reasons:
``(A) Where the diversity of the limited-English-proficient
students' native languages and the small number of students
speaking each respective language makes bilingual education
impractical.
``(B) Where, despite documented convincing efforts, the
applicant has not been able to hire instructional personnel
who are able to communicate in the students' native language.
``(5) In approving applications under this part, the
Secretary shall give consideration to the degree to which the
program for which assistance is sought involves the
collaborative efforts of institutions of higher education,
community-based organizations, the appropriate local and
State educational agency, or business.
``(6) The Secretary shall ensure that projects funded under
this part address the full needs of school systems of all
sizes and geographical areas, including rural schools.
``(7) The Secretary shall give priority to applications
providing training for personnel participating in or
preparing to participate in the program which will assist
them in meeting State and local certification requirements
and that, to the extent possible, college or university
credit will be awarded for such training.
``SEC. 7107. INTENSIFIED INSTRUCTION.
``In carrying out this part, each grant recipient may
intensify instruction for limited-English-proficient students
by--
``(1) expanding the educational calendar of the school in
which such student is enrolled to include programs before and
after school and during the summer months;
``(2) expanding the use of professional and volunteer aids;
``(3) applying technology to the course of instruction; and
``(4) providing intensified instruction through
supplementary instruction or activities, including
educationally enriching extracurricular activities, during
times when school is not routinely in session.
``SEC. 7108. CAPACITY BUILDING.
``Each recipient of a grant under this part shall use its
grant in ways that will build its capacity to continue to
offer high-quality bilingual and special alternative
education programs and services to children and youth of
limited-English-proficiency once Federal assistance is
reduced or eliminated.
``SEC. 7109. SUBGRANTS.
``A local educational agency that receives a grant under
this part may, with the approval of the Secretary, make a
subgrant to, or enter into a contract with, an institution of
higher education, a non-profit organization, or a consortium
of such entities to carry out an approved program, including
a program to serve out-of-school youth.
``SEC. 7110. GEOGRAPHIC DISTRIBUTION OF FUNDS.
``To the extent possible, the Secretary shall award funds
under this part throughout the Nation in a manner that
reflects the geographic distribution of children and youth of
limited-English-proficiency.
``SEC. 7111. PROGRAMS IN PUERTO RICO.
``Programs authorized under this title in the Commonwealth
of Puerto Rico may, notwithstanding any other provision of
this title, include programs of instruction, teacher
training, curriculum development, evaluation, and testing
designed for children and youth of limited-Spanish
proficiency.
``SEC. 7112. EVALUATIONS.
``(a) Evaluation.--Each recipient of funds under this part
shall provide the Secretary with an evaluation, in the form
prescribed by the Secretary, of its program every two years.
``(b) Use of Evaluation.--Such evaluation shall be used by
a grantee--
``(1) for program improvement;
``(2) to further define the local program's goals and
objectives; and
``(3) to determine program effectiveness.
``(c) Evaluation Components.--Evaluations shall include--
``(1) student outcome indicators that measure progress
toward the performance standards set out in the State's plan,
either approved or being developed, under title III of the
Goals 2000: Educate America Act, or, if the State does not
have an approved plan under title III of the Goals 2000:
Educate America Act and is not developing such a plan, with
the State plan approved or being developed under section 1111
of this Act, including data comparing children and youth of
limited-English-proficiency with non-limited-English-
proficient children and youth with regard to school
retention, academic achievement, and gains in English (and,
where applicable, native language) proficiency;
``(2) program implementation indicators that provide
information for informing and improving program management
and effectiveness, including data on appropriateness of
curriculum in relationship to grade and course requirements,
appropriateness of program management, appropriateness of the
program's staff professional development, and appropriateness
of the language of instruction;
``(3) program context indicators that describe the
relationship of the activities funded under the grant to the
overall school program and other Federal, State, or local
programs serving children and youth of limited-English-
proficiency; and
``(4) such other information as the Secretary may require.
``PART B--RESEARCH AND DISSEMINATION
``SEC. 7201. USE OF FUNDS.
``The Secretary is authorized to conduct data collection,
dissemination, research, and evaluation activities through
the Office of Bilingual Education and Minority Languages
Affairs for the purpose of improving bilingual education and
special alternative instruction programs for children and
youth of limited-English-proficiency.
``SEC. 7202. RESEARCH.
``(a) Research Activities.--The Secretary shall support
through competitive grants contracts and cooperative
agreements to institutions of higher education, nonprofit and
for-profit organizations, and local and State educational
agencies, funds for research with a practical application to
teachers, counselors, paraprofessionals, school
administrators, parents, and others involved in improving the
education of limited-English-proficient students and their
families.
``(b) Authorized Activities.--
``(1) The Secretary may conduct research activities that
include--
``(A) identifying criteria for the establishment, use and
monitoring of local, State, or national education goals,
content, performance and delivery standards, and assessments
for all students that provide for appropriate, valid,
reliable, and fair participation by limited-English-
proficient and language-minority students;
``(B) identifying determinants of appropriate high quality
secondary school programs for limited-English-proficient
students, and high quality curriculum-related instructional
materials;
``(C) identifying determinants of appropriate high quality
early childhood development programs for limited-English-
proficient children, including families, and appropriate high
quality materials;
``(D) studies to identify models of effective program
coordination that support students while in transition to
English language classrooms that develop and maintain high
levels of proficiency in the native languages and English;
``(E) studies of effective curricula and instructional
strategies for the development and maintenance of high levels
of student proficiency in both their native language and
English, including the role of family, community, and career
contexts;
``(F) identification of strategies for effective
participation by limited-English-proficient parents in their
children's education for attainment of educational
excellence;
``(G) identifying methods of improving classification,
placement, and services to limited-English-proficient
students including, but not limited to their participation in
early childhood development programs, title I, special
education, foreign language education, and gifted and
talented education;
``(H) identification of methods for effective delivery of
bilingual education to rural schools and in the less-
commonly-taught languages using educational technology and
electronic communications networks;
``(I) identification of trends in demand for language
skills and of career opportunities for individuals with high
levels of proficiency in English and a second language; and
``(J) establishing through the National Center for
Education Statistics and in consultation with the Office of
Bilingual Education and Minority Languages Affairs, and
experts in bilingual education, second language acquisition
and English-as-a-second language, a common definition of
`limited-English-proficient student' for purposes of national
data collection.
[[Page 544]]
``(c) Field-Initiated Research.--The Secretary shall
reserve at least 5 percent of the funds available under this
section for field-initiated research by current or recent
recipients of grants under parts A or C of this title.
Research must be conducted by current grant recipients or by
former recipients who have received such grants within the
previous 5 years. Field-initiated research may provide for
longitudinal studies of students or teachers in bilingual
education, monitoring the education of such students from
entry in bilingual education through high school completion.
Applicants may submit an application for field-initiated
research at the same time as applications are submitted under
part A or part C. The Secretary shall complete a review of
such applications on a timely basis to allow research and
program grants to proceed in coordination where appropriate.
``(d) Consultation.--The Secretary shall consult with
agencies and organizations that are engaged in bilingual
education research and practice, or related research, and
bilingual education researchers and practitioners to identify
areas of study and activities to be funded under this
section.
``(e) Coordination.--Research activities supported under
this section--
``(1) shall be carried out in consultation with the Office
of Educational Research and Improvement to ensure that such
activities are coordinated with and enhance the research and
development activities supported by the Office; and
``(2) may include collaborative research activities which
are jointly funded and carried out by the Office of Bilingual
Education and Minority Language Affairs and the Office of
Educational Research and Improvement.
``(f) Data Collection.--The Secretary shall provide for the
continuation of data collection on limited-English-proficient
students as part of the data systems operated by the
Department.
``SEC. 7203. ACADEMIC EXCELLENCE AWARDS.
``(a) Awards.--The Secretary may make grants to, and enter
into contracts and cooperative agreements with, State and
local educational agencies, nonprofit organizations, and
institutions of higher education to promote the adoption and
implementation of bilingual education, special alternative
instruction programs, and professional development programs
that demonstrate great promise of assisting children and
youth of limited-English-proficiency to meet challenging
State standards.
``(b) Applications.--(1) An entity desiring to receive an
award under this section shall submit an application to the
Secretary in such form, at such time, and containing such
information and assurances as the Secretary may require.
``(2) The Secretary shall use a peer review process, using
effectiveness criteria that the Secretary shall establish, to
review applications under this section.
``(c) Use of Funds.--Funds under this section shall be used
to enhance the capacity of States and local education
agencies to provide high quality academic programs for
children and youth of limited-English-proficiency, which may
include--
``(1) completing the development of such programs;
``(2) professional development of staff participating in
bilingual education programs;
``(3) sharing strategies and materials; and
``(4) supporting professional networks.
``(d) Coordination.--Recipients of funds under this section
shall coordinate their activities with those carried out by
comprehensive technical assistance centers under title II of
this Act.
``SEC. 7204. STATE GRANT PROGRAM.
``(a) State Grant Program.--The Secretary is authorized to
make an award to a State educational agency that
demonstrates, to the satisfaction of the Secretary, that its
approved plan under title III of the Goals 2000: Educate
America Act, if such plan exists, or, if such plan does not
exist, its plan under title I of this Act, effectively
provides for the education of children and youth of limited-
English-proficiency within the State.
``(b) Payments.--The amount paid to a State educational
agency under subsection (a) shall not be less than $100,000
nor greater than 5 percent of the total amount awarded to
local educational agencies within the State under part A of
this title for the previous fiscal year.
``(c) Use of Funds.--(1) A State educational agency shall
use funds for programs authorized by this section to--
``(A) assist local educational agencies in the State with
program design, capacity building, assessment of student
performance, and program evaluation; and
``(B) collect data on the State's language-minority and
limited-English-proficient populations and the educational
programs and services available to these populations.
``(2) Exception.--States which do not, as of the date of
enactment of this Act, have in place a system for collecting
such data for all students in such State, are not required to
meet the requirement of this section as it pertains to the
educational programs and services available to limited-
English-proficient students. In the event such State develops
a system for collecting data on the educational programs and
services available to all students in the State, then such
State is required to comply with this requirement.
``(3) The State educational agency may also use funds for
the training of State educational agency personnel in
educational issues affecting limited-English-proficient
children and youth.
``(4) Recipients of awards under this section shall not
restrict the provision of services under this section to
federally-funded programs.
``(d) State Consultation.--A State educational agency
receiving funds under this section shall consult with
recipients of grants under this title and other individuals
or organizations involved in the development or operation of
programs serving limited-English-proficient children or youth
to ensure that funds are used in a manner consistent with the
requirements of this title.
``(e) Applications.--A State educational agency desiring to
receive an award under this section shall submit an
application to the Secretary in such form, at such time,
containing such information and assurances as the Secretary
may require.
``(f) Supplement Not Supplant.--Funds made available under
this section for any fiscal year shall be used by the State
educational agency to supplement and, to the extent
practical, to increase to level of funds that would, in the
absence of such funds, be made available by the State for the
purposes described in this section, and in no case to
supplant such funds.
``(g) Report to the Secretary.--State educational agencies
receiving grants under this section shall provide for the
annual submission of a summary report to the Secretary
containing information on such matters as the Secretary
shall, by regulation, determine necessary and proper to
achieve the purposes of this title, including information on
State capacity and progress in meeting the education needs of
all limited-English-proficient children, plans for additional
action, the effect of standards and assessments in improving
their education. Such reports shall be in such form and shall
be submitted on such date as the Secretary shall specify by
regulation.
``SEC. 7205. NATIONAL CLEARINGHOUSE FOR BILINGUAL EDUCATION.
``(a) Establishment.--The Secretary shall establish and
support the operation of a National Clearinghouse for
Bilingual Education, which shall collect, analyze,
synthesize, and disseminate information about bilingual
education and related programs.
``(b) Functions.--The National Clearinghouse for Bilingual
Education shall--
``(1) be administered as an adjunct clearinghouse of the
ERIC system of clearinghouses supported by the Office of
Educational Research and Improvement;
``(2) coordinate its activities with Federal data and
information clearinghouses and dissemination networks and
systems; and
``(3) develop a data base management and monitoring system
for improving the operation and effectiveness of funded
programs.
``SEC. 7206. INSTRUCTIONAL MATERIALS DEVELOPMENT.
``The Secretary may provide grants for the development,
publication and dissemination of high quality instructional
materials in Native American, Native Hawaiian and other
languages for which instructional materials are not readily
available. The Secretary shall give priority to the
development of instructional materials in languages
indigenous to the United States, its territories, and freely
associated nations. The Secretary shall also accord priority
to applications which provide for developing and evaluating
materials in collaboration with activities under parts A and
C of this title and which are consistent with national and
State content standards.
``SEC. 7207. EVALUATION ASSISTANCE CENTERS AND
MULTIFUNCTIONAL RESOURCE CENTERS.
``(a) Transition.--The Secretary shall extend grants or
contracts for Evaluation Assistance Centers and
Multifunctional Resource Centers that are in effect on the
date of enactment of the Improving America's School Act
through fiscal year 1996.
``(b) Continuity of Services.--(1) The Secretary shall
ensure that the comprehensive regional technical assistance
centers authorized under title II of this Act provide
services which are at least equal in volume, scope, and
quality to those provided by Evaluation Assistance Centers
and Multifunctional Resource Centers.
``(2) The Secretary shall ensure that the comprehensive
regional technical assistance centers authorized under title
II of this Act, as amended by the Improving America's School
Act, provide services which enable children and youth of
limited-English-proficiency to meet challenging State and
National standards.
``(3) The Secretary shall ensure that the comprehensive
technical assistance centers authorized under title II of
this Act are established with consideration given to the
geographic and linguistic distribution of children and youth
of limited-English-proficiency.
``(c) Gifts, Bequests, and Devises.--The entities may
accept (but not solicit), use, and dispose of gifts,
bequests, or devises of services or property, both real and
personal for the purpose of aiding or facilitating the work
of entities under this section. Gifts, bequests, or devises
of money and proceeds from sales of other property received
as gifts, bequests or devises shall be deposited in the
Treasury and shall be available for disbursement upon order
of the national clearinghouse on bilingual education, the
Evaluation and Assistance Center or Multifunctional Resource
Center, respectively.
``PART C--BILINGUAL EDUCATION TEACHER TRAINING
``SEC. 7301. PURPOSE.
``The purpose of this part is to assist in preparing
educators to improve the delivery
[[Page 545]]
of educational services to language-minority and limited-
English-proficient children and youth. This part supports the
training of all educational personnel to serve more
effectively limited-English-proficient students. The goal of
this part is to provide for the training of not less than
50,000 teachers who meet professional preparation and
certification standards for bilingual education teachers by
the year 2000.
``SEC. 7302. TRAINING FOR ALL TEACHERS PROGRAM.
``(a) Purpose.--The purpose of this section is to provide
for the incorporation of courses and curricula on appropriate
and effective instructional and assessment methodologies,
strategies and resources specific to limited-English-
proficient and language-minority students into education
personnel preparation programs for teachers, counselors,
administrators and other education personnel.
``(b) Authorization.--The Secretary shall award grants for
up to 5 years to institutions of higher education, local
educational agencies, and State educational agencies or to
nonprofit organizations which have entered into consortia
arrangements with one of such institutions, agencies, or
organizations.
``(c) Permissible Activities.--Activities conducted under
this section may include the development of training programs
in collaboration with training under titles I and II of this
Act, the Head Start Act, and other relevant programs.
``(d) Priority.--The Secretary shall give priority to
applications from institutions of higher education which
currently operate, with full-time tenured faculty, programs
to prepare educators and administrators to work with
language-minority and limited-English-proficient students in
bilingual education settings and from institutions of higher
education which are attempting to start bilingual teacher
training programs if such institutions demonstrate a
significant commitment in financial and human resources,
including cash and in-kind. The Secretary shall give special
consideration to applications for such programs which provide
training of secondary school teachers or early childhood
development teachers. Such special consideration would not
disallow the funding of applications for exemplary programs
for the training of elementary school teachers.
``SEC. 7303. BILINGUAL EDUCATION TEACHERS AND PERSONNEL
GRANTS.
``(a) Purpose.--The purpose of this section is to provide
for degree programs to prepare new bilingual education
teachers, administrators, counselors, and other educational
personnel to meet high professional standards for bilingual
education teachers and to increase the availability of
educators to provide high quality education limited-English-
proficient students.
``(b) Authorization.--The Secretary shall award grants for
up to 5 years to institutions of higher education in
consortia with local or State educational agencies.
``SEC. 7304. BILINGUAL EDUCATION CAREER LADDER PROGRAM.
``(a) Purpose.--The purpose of this section is to upgrade
the qualifications and skills of non-certified educational
personnel, especially educational paraprofessionals, to meet
high professional standards, including certification and
licensure as bilingual education teachers and other
educational personnel who serve limited-English-proficient
students, through collaborative training programs operated by
institutions of higher education and local and State
educational agencies. Grants for programs under this section
may also provide for collaborative programs operated by
institutions of higher education and secondary schools which
are designed to recruit and train secondary school students
as bilingual education teachers and other educational
personnel to serve limited-English-proficient students.
``(b) Authorization.--The Secretary shall award grants of
up to 5 years for bilingual education career ladder programs
to institutions of higher education applying in consortia
with local or State educational agencies; consortia may
include community-based organizations or professional
education organizations.
``(c) Activities.--Grants funded under this section may--
``(1) include the development of bilingual education career
ladder program curricula appropriate to the needs of the
consortium participants;
``(2) provide assistance for stipends and costs related to
tuition, fees and books for enrolling in courses required to
complete degree and certification requirements as bilingual
education teachers; and
``(3) include programs to introduce secondary school
students to careers in bilingual education teaching that are
coordinated with other activities under this program.
``(d) Special Consideration.--The Secretary shall give
special consideration to applications under this section
which provide for--
``(1) participant completion of baccalaureate and masters
degree teacher education programs, certification and may
include effective employment placement activities;
``(2) development of teacher proficiency in English and a
second language, including required demonstration of
proficiency in the instructional use of English and a second
language in classroom contexts;
``(3) coordination with Trio, the Teacher Corps, National
Community and Service Trust Act, Mini Corps, and other
programs for the recruitment and retention of bilingual
students in secondary and post-secondary programs to train as
bilingual educators; and
``(4) the applicant's contribution of additional student
financial aid to participating students.
``SEC. 7305. GRADUATE FELLOWSHIPS IN BILINGUAL EDUCATION
PROGRAM.
``(a) Authorization.--The Secretary may award fellowships
for masters, doctoral, and post-doctoral study related to
instruction of children and youth of limited-English-
proficiency in such areas as teacher training, program
administration, research and evaluation, and curriculum
development, and for the support of dissertation research
related to such study. For fiscal year 1994 not less than 500
fellowships leading to a masters or doctorate degree shall be
awarded under this section, rising each subsequent year of
this authorization by not less than 50. The Secretary shall
include information on the operation and the number of
fellowships awarded under the fellowship program in the
report required under section 7401 of this title.
``(b) Fellowship Requirements.--(1) Any person receiving a
fellowship under this section shall agree to--
``(A) work in an activity related to the program or in an
activity such as those authorized under this title, including
work as a bilingual education teacher, for a period of time
equivalent to the period of time during which such person
receives assistance under this title; or
``(B) repay such assistance.
``(2) The Secretary shall establish in regulations such
terms and conditions for such agreement as the Secretary
deems reasonable and necessary and may waive the requirement
of paragraph (1) in extraordinary circumstances.
``(c) The Secretary may give priority to institutions of
higher education that demonstrate experience in assisting
fellowship recipients find employment in the field of
bilingual education.
``SEC. 7306. APPLICATIONS.
``(a) In General.--Each applicant or consortium that
desires to receive a grant under this part shall submit an
application to the Secretary and the State educational agency
or State board for higher education as appropriate, at such
time and in such manner as the Secretary shall prescribe. The
application shall demonstrate integration, where appropriate,
with the State and local plans, if such plans exist, for
serving limited-English-proficient students. The State and
local educational agency, and where applicable the State
board for higher education, may comment in writing on the
application indicating how the application furthers State
education reform activities, including the provision of
appropriate high quality education to all language minority
students. If the State educational agency or State Board for
Higher Education submits comments on any application, it
shall submit comments on all. The Secretary shall take any
written comments that have been made into consideration when
considering applications under this part.
``(b) Eligible Entities.--
``(1) A grant may be made under this part upon application
of an institution of higher education, applying individually
or jointly with one or more local educational agencies,
nonprofit organizations, or State educational agencies.
``(2) The Secretary shall provide for outreach and
technical assistance to institutions of higher education
eligible under title III of the Higher Education Act and
institutions of higher education that are operated or funded
by the Bureau of Indian Affairs to facilitate their
participation in activities under this part.
``(3) In making grants under this part, the Secretary
shall, consistent with subsection (d), ensure adequate
representation of Hispanic serving institutions that
demonstrate competence and experience in the programs and
activities authorized under this title and are otherwise
qualified.
``(c) Application Requirements for Bilingual Teacher
Training Programs.--The application shall demonstrate
integration, where appropriate, with the State plan, if one
exists, for serving limited-English-proficient students.
``(d) Preference in Assistance and Purpose of Training.--
``(1) In making a grant under this part the Secretary shall
give preference to programs which--
``(A) include tenured faculty in bilingual education;
``(B) and for institutions of higher education which are
attempting to start bilingual teacher training programs if
such institutions demonstrate a significant commitment in
financial and human resources, including cash and in-kind;
and
``(C) provide additional resources for such training from
other sources.
``(2) In making grants under sections 7302, 7303 and 7304,
the Secretary shall give special consideration to programs
that ensure that individuals completing such programs
demonstrate proficiency in English and a second language.
``SEC. 7307. PROGRAM REQUIREMENTS.
``Activities conducted under this part shall assist
educational personnel in meeting State and local
certification requirements for bilingual education and,
wherever possible, shall award college or university credit.
``SEC. 7308. STIPENDS.
``The Secretary shall provide for the payment of such
stipends (including allowances
[[Page 546]]
for subsistence and other expenses for such persons and their
dependents), as the Secretary determines to be appropriate,
to persons participating in training programs under this
part.
``SEC. 7309. PROGRAM EVALUATIONS UNDER PART C.
``Each recipient of funds under part C of this title shall
provide the Secretary with an evaluation of its program every
two years. Such evaluation shall include data on--
``(1) post-program placement of persons trained;
``(2) how the training relates to the employment of persons
served by the program;
``(3) program completion; and
``(4) such other information as the Secretary may require.
``PART D--ADMINISTRATION
``SEC. 7401. OFFICE OF BILINGUAL EDUCATION AND MINORITY
LANGUAGE AFFAIRS.
``(a) Establishment.--There shall be, in the Department of
Education, an Office of Bilingual Education and Minority
Languages Affairs through which the Secretary shall carry out
functions relating to bilingual education.
``(b) Director.--(1) The Office shall be headed by a
Director of Bilingual Education and Minority Languages
Affairs, appointed by the Secretary, to whom the Secretary
shall delegate all delegable functions relating to bilingual
education. The Director shall also be assigned responsibility
for recommending improvements and providing technical
assistance to other Federal programs serving language-
minority and limited-English-proficient students and their
families and for assisting the Assistant Secretary of the
Office of Educational Research and Improvement in identifying
research priorities which reflect the needs of language-
minority and limited-English language proficient students.
``(2) The Office shall be organized as the Director
determines to be appropriate in order to carry out such
functions and responsibilities effectively.
``(3) The Secretary shall ensure that limited-English-
proficient and language-minority students are included in
ways that are valid, reliable and fair under all standards
and assessment development conducted or funded by the
Department.
``(c) Report.--The Director shall prepare and, not later
than February 1 of every other year, shall submit to
Congress, the President, the Governors, and the clearinghouse
a report on--
``(1) the activities carried out under this title and their
effectiveness in improving the education provided to limited-
English-proficient children and youth;
``(2) a critical synthesis of data reported by the States
pursuant to section 7204;
``(3) an estimate of the number of certified bilingual
education personnel in the field and an estimate of the
number of bilingual education teachers which will be needed
for the succeeding 5 fiscal years;
``(4) the major findings of research carried out under this
title; and
``(5) recommendations for further developing the capacity
of our Nation's schools to educate effectively limited-
English-proficient students.
``(d) Assessment of Gateway Education.--The Secretary shall
prepare a report on the education of all students who reside
near the United States border with Canada and Mexico or areas
or communities which serve as a gateway for immigrants to the
United States. Gateway communities shall include Hawaii, the
Commonwealth of Puerto Rico, as well as the territories and
freely associated nations. The report shall identify trends
in student and out-of-school youth immigration trends,
appropriate procedures for the international transfer of
records, the language proficiency of students living in
border and gateway areas, and opportunities for teacher
exchange. Such efforts shall be coordinated with other
ongoing efforts in this area. A preliminary report on these
issues shall be provided to the Congress not later than 2
years after the enactment of this Act. The final report
including policy proposals for improvements in these areas
shall be provided to Congress and the President not later
than October 21, 1997.
``(e) Coordination With Related Programs.--In order to
maximize Federal efforts aimed at serving the educational
needs of children and youth of limited-English proficiency,
the Secretary shall coordinate and ensure close cooperation
with other programs serving language-minority and limited-
English-proficient students that are administered by the
Department of Education and other agencies. The Secretary
shall consult with the Secretary of Labor, the Secretary of
Health and Human Services, the Secretary of Agriculture,
Attorney General and other relevant agencies to identify and
eliminate barriers to appropriate coordination of programs
that affect language-minority and limited-English-proficient
students and their families. The Secretary shall provide for
continuing consultation and collaboration between Office and
relevant programs operated by the Department, including title
I and other programs in this Act, in planning, contracts,
providing joint technical assistance, providing joint field
monitoring activities and in other relevant activities to
ensure effective program coordination to provide high quality
education opportunities to all language-minority and limited-
English-proficient students. In no case shall such
coordination at the local, State or Federal level permit
funds under this title to be used in programs that do not
provide bilingual education or special alternative
instructional programs for the instruction of language-
minority or limited-English-proficient students.
``(f) The Secretary shall, to the extent feasible, ensure
that all data collected shall include for the collection and
reporting of data on limited-English-proficient students in
all Departmental data keeping and with respect to all Federal
education programs.
``(g) Staffing Requirements.--The Secretary shall ensure
that the Office of Bilingual Education and Minority Language
Affairs is staffed with sufficient personnel trained or with
experience in bilingual education to discharge effectively
the provisions of this title.
``(1) Notwithstanding section 403 of the Department of
Education Organization Act, the Assistant Secretary may
appoint not more than 7 additional employees to serve as
staff without regard to the provisions of title 5, United
States Code, governing appointments in the competitive
service.
``(2) The employees appointed under paragraph (1) may be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, but shall not
be paid a rate that exceeds the minimum rate of basic pay
payable for GS-15 of the General Schedule.
``(h) Reading Applications.--For the purpose of reading
applications for competitive grants authorized under this
title, the Secretary shall use persons who are not employees
of the Federal Government and who are experienced and
involved in bilingual education including teachers,
researchers, and administrators of educational programs
similar to those assisted under this title. Readers of
applications for grants involving conservation of Indian
languages and other indigenous language which are subject to
loss shall include individuals with expertise in such
programs. The Secretary shall solicit nominations for
application readers from State directors of bilingual
education, graduate programs of bilingual education, tribal
organizations and professional associations and shall have
readers serve for a period of 3 years.
``(i) Publication of Proposals.--The Secretary shall
publish and disseminate all requests for proposals for
programs funded under this title.
``SEC. 7402. RELEASE TIME.
``Professional development programs funded under this Act
shall permit use of funds for professional release time to
enable participation in programs assisted under this part.
``SEC. 7403. EDUCATION TECHNOLOGY.
``Funds available under this Act may be used to provide for
the acquisition or development of education technology or
instructional materials, including authentic materials in
languages other than English, access to and participation in
electronic networks for materials, training and
communications, and incorporation of such resources in
curricula and programs such as those funded under this title.
``SEC. 7404. NOTIFICATION.
``The State educational agency, when applicable, the State
Board for postsecondary education, when applicable, the
clearinghouse, the applicable Evaluation and Assistance
Center and Multifunctional Resource Center shall be notified
within three working days of the date a grant is made to an
eligible entity within the State.
``SEC. 7405. CONTINUED ELIGIBILITY.
``Entities receiving grants under this title shall remain
eligible for grants for subsequent activities which extend or
expand and do not duplicate those activities supported by a
previous grant under this title. In considering applications
for grants under this title the Secretary shall take into
consideration the applicant's record of accomplishments under
previous grants.
``SEC. 7406. LIMITATION OF AUTHORITY.
``The Secretary shall not impose restrictions on the
availability of funds authorized under this title other than
those set out in this title or other applicable Federal
statutes and regulations.
``PART E--TRANSITION
``SEC. 7501. TRANSITION PROVISIONS.
``Any grant or contract awarded under this title prior to
the date of the enactment of the Improving America's Schools
Act of 1994 shall be allowed to continue the term of the
original award in accordance with the conditions of the
original award but not for a period in excess of 3 years from
the date of the grant or contract.
``PART F--EMERGENCY IMMIGRANT EDUCATION PROGRAM
``SEC. 7601. PURPOSE.
``The purpose of this part is to assist eligible local
educational agencies that experience unexpectedly large
increases in their student population due to immigration to--
``(1) provide high-quality instruction to immigrant
children and youth; and
``(2) help such children and youth--
``(A) with their transition into American society; and
``(B) meet the same challenging State performance standards
expected of all children and youth.
``SEC. 7602. STATE ADMINISTRATIVE COSTS.
``For any fiscal year, a State educational agency may
reserve up to 1.5 percent of the amount allocated to it under
section 7604 to pay the costs of performing its
administrative functions under this part.
``SEC. 7603. WITHHOLDING.
``Whenever the Secretary, after reasonable notice and
opportunity for a hearing to any
[[Page 547]]
State educational agency, finds that there is a failure to
meet the requirement of any provision of this part, the
Secretary shall notify that agency that further payments will
not be made to the agency under this part, or in the
discretion of the Secretary, that the State educational
agency shall not make further payments under this part to
specified local educational agencies whose actions cause or
are involved in such failure until the Secretary is satisfied
that there is no longer any such failure to comply. Until the
Secretary is so satisfied, no further payments shall be made
to the State educational agency under this part, or payments
by the State educational agency under this part shall be
limited to local educational agencies whose actions did not
cause or were not involved in the failure, as the case may
be.
``SEC. 7604. STATE ALLOCATIONS.
``(a) Payments.--The Secretary shall, in accordance with
the provisions of this section, make payments to State
educational agencies for each of the fiscal years 1995
through 1999 for the purpose set forth in section 7601.
``(b) Allocations.--(1) Except as provided in subsections
(c) and (d) of this section, of the amount appropriated for
each fiscal year for this part, each State participating in
this program shall receive a share equal to the proportion of
its number of immigrant children and youth who are enrolled
in elementary and secondary public schools under the
jurisdiction of each local educational agency described in
paragraph (2) within that State, and in elementary and
secondary nonpublic schools within the district served by
each such local educational agency, relative to the total
number of immigrant children and youth so enrolled in all the
States participating in this program.
``(2) The local educational agencies referred to in
paragraph (1) are those local educational agencies in which
the sum of the number of immigrant children and youth who are
enrolled in elementary or secondary public schools under the
jurisdiction of such agencies, and in elementary or secondary
nonpublic schools within the districts served by such
agencies, during the fiscal year for which the payments are
to be made under this part, is equal to--
``(A) at least 500; or
``(B) at least 3 percent of the total number of students
enrolled in such public or nonpublic schools during such
fiscal year;
whichever number is less.
``(c) Determinations of Number of Children and Youth.--(1)
Determinations by the Secretary under this section for any
period with respect to the number of immigrant children and
youth shall be made on the basis of data or estimates
provided to the Secretary by each State educational agency in
accordance with criteria established by the Secretary, unless
the Secretary determines, after notice and opportunity for a
hearing to the affected State educational agency, that such
data or estimate are clearly erroneous.
``(2) No such determination with respect to the number of
immigrant children and youth shall operate because of an
underestimate or overestimate to deprive any State
educational agency of the allocation under this section that
such agency would otherwise have received had such
determination been made on the basis of accurate data.
``(d) Reallocation.--Whenever the Secretary determines that
any amount of a payment made to a State under this part for a
fiscal year will not be used by such State for carrying out
the purpose for which the payment was made, the Secretary
shall make such amount available for carrying out such
purpose to one or more other States to the extent the
Secretary determines that such other States will be able to
use such additional amount of carrying out such purpose. Any
amount made available to a State from any appropriation for a
fiscal year in accordance with the preceding sentence shall,
for purposes of this part, be regarded as part of such
State's payment (as determined under subsection (b)) for such
year, but shall remain available until the end of the
succeeding fiscal year.
``(e) Reservation of Funds.--(1) If appropriations under
this part exceed $50,000,000 for a fiscal year, a State
educational agency may reserve up to 20 percent of its
payment for redistribution through competitive grants to
local educational agencies within the State in the following
manner:
``(A) At least one-half of such grants shall be made to
local educational agencies within the State with the highest
numbers and percentages of immigrant children and youth.
``(B) Remaining funds may be distributed to local
educational agencies within the State with a sudden influx of
immigrant children and youth which are otherwise not eligible
for assistance under this part.
``(2) Local educational agencies with the highest number of
immigrant children and youth receiving additional funds under
this subsection may make information available on serving
immigrant children and youth to areas in the State with
sparse numbers of such children.
``SEC. 7605. STATE APPLICATIONS.
``(a) Submission.--No State educational agency shall
receive any payment under this part for any fiscal year
unless such agency submits an application to the Secretary at
such time, in such manner, and containing or accompanied by
such information, as the Secretary may reasonably require.
Each such application shall--
``(1) provide that the educational programs, services, and
activities for which payments under this part are made will
be administered by or under the supervision of the agency;
``(2) provide assurances that payments under this part will
be used for purposes set forth in sections 7601 and 7607,
including a description of how local educational agencies
receiving funds under this part will use such funds to meet
such purposes, and how the program designs are consistent
with other education improvement plans, including any
developed under Goals 2000: Educate America Act, if such plan
exists, or title I;
``(3) provide an assurance that local educational agencies
receiving funds under this part will coordinate the use of
such funds with programs funded under other parts of this
title or title I of this Act;
``(4) provide assurances that such payments, with the
exception of payments reserved under section 7604(e), will be
distributed among local educational agencies within that
State on the basis of the number of immigrant children and
youth counted with respect to each such local educational
agency under section 7604(b)(1);
``(5) provide assurances that the State educational agency
will not finally disapprove in whole or in part any
application for funds received under this part without first
affording the local educational agency submitting an
application for such funds reasonable notice and opportunity
for a hearing;
``(6) provide for making such reports as the Secretary may
reasonably require to perform the functions under this part;
``(7) provide assurances--
``(A) that to the extent consistent with the number of
immigrant children and youth enrolled in the elementary or
secondary nonpublic schools within the district served by a
local educational agency, such agency, after consultation
with appropriate officials of such schools, shall provide for
the benefit of these children and youth secular, neutral, and
nonideological services, materials, and equipment necessary
for the education of such children and youth;
``(B) that the control of funds provided under this part
and title to any materials, equipment, and property repaired,
remodeled, or constructed with those funds shall be in a
public agency for the uses and purposes provided in this
part, and a public agency shall administer such funds and
property; and
``(C) that the provision of services pursuant to this
paragraph shall be provided by employees of a public agency
or through contract by such public agency with a person,
association, agency, or corporation who or which, in the
provision of such services, is independent of such elementary
or secondary nonpublic school and of any religious
organization; and such employment or contract shall be under
the control and supervision of such public agency, and the
funds provided under this paragraph shall not be commingled
with State or local funds;
``(8) provide that funds reserved under subsection (e) of
section 7604 be awarded on the basis of merit and need
consistent with such subsection; and
``(9) provide an assurance that State and local educational
agencies receiving funds under this part will comply with the
requirements of section 1121(b).
``(b) Application Review.--The Secretary shall review all
applications submitted pursuant to this section by State
educational agencies.
``(1) The Secretary shall approve any application submitted
by a State educational agency that meets the requirements of
this section.
``(2) The Secretary shall disapprove any application
submitted by a State educational agency which does not meet
the requirements of this section, but shall not finally
disapprove an application except after reasonable notice,
provision of technical assistance, and an opportunity for a
hearing to the State.
``SEC. 7606. PAYMENTS.
``(a) Amount.--The Secretary shall pay by not later than
June 1 of each year to each State educational agency that has
its application approved under section 7605 the amount of the
State's allocation as determined under section 7604.
``(b) Services to Children Enrolled in Nonpublic Schools.--
If by reason of any provision of law a local educational
agency is prohibited from providing educational services for
children enrolled in elementary and secondary nonpublic
schools, as required by section 7605(a)(6), or if the
Secretary determines that a local educational agency has
substantially failed or is unwilling to provide for the
participation on an equitable basis of children enrolled in
such schools, the Secretary may waive such requirement and
shall arrange for the provision of services to such children
through arrangements which shall be subject to the
requirements of this part. Such waivers shall be subject to
consultation, withholding, notice, and judicial review
requirements in accordance with the provisions of title I.
``SEC. 7607. USES OF FUNDS.
``(a) Use of Funds.--Funds awarded under this part shall be
used to pay for enhanced instructional opportunities for
immigrant children and youth, which may include--
``(1) family literacy, parent outreach, and training
activities designed to assist parents to become active
participants in the education of their children;
``(2) salaries of personnel, including teacher aides who
have been specifically trained, or are being trained, to
provide services to immigrant children and youth;
[[Page 548]]
``(3) tutorials, mentoring, and academic or career
counseling for immigrant children and youth;
``(4) identification and acquisition of curricular
materials, educational software, and technologies to be used
in the program; and
``(5) such other activities, related to the purposes of
this part, as the Secretary may authorize.
``(b) Consortia.--A local educational agency that receives
a grant under this part may collaborate or form a consortium
with one or more local educational agencies, institutions of
higher education, and non-profit organizations to carry out
the approved program.
``(c) Subgrants.--A local educational agency that receives
a grant under this part may, with the approval of the
Secretary, make a subgrant to, or enter into a contract with,
an institution of higher education, a non-profit
organization, or a consortium of such entities to carry out
an approved program, including a program to serve out-of-
school youth.
``SEC. 7608. REPORTS.
``(a) Biennial Report.--Each State educational agency
receiving funds under this part shall submit, once every 2
years, a report to the Secretary concerning the expenditure
of funds by local educational agencies under this part. Each
local educational agency receiving funds under this part
shall submit to the State educational agency such information
as may be necessary for such report.
``(b) Report to Congress.--The Secretary shall submit, once
every 2 years, a report to the appropriate committees of the
Congress concerning programs under this part.
``SEC. 7609. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out the provisions of this
part, there are authorized to be appropriated $75,000,000 in
fiscal year 1995, and such sums as may be necessary for each
of the fiscal years 1996, 1997, 1998, and 1999.
``TITLE VIII--IMPACT AID
``SEC. 8001. FINDINGS.
``The Congress finds that--
``(1) certain activities of the Federal Government place a
financial burden on the local educational agencies serving
areas where such activities are carried out; and
``(2) it is the shared responsibility of the Federal
Government, the States, and local educational agencies to
provide for the education of children connected to those
activities.
``SEC. 8002. PURPOSE.
``In order to fulfill the Federal responsibility to assist
with the provision of educational services to federally
connected children, and to help them meet challenging State
standards, it is the purpose of this title to provide
financial assistance to local educational agencies that--
``(1) experience a substantial and continuing financial
burden due to the acquisition of real property by the United
States;
``(2) educate children who reside on Federal property and
whose parents are employed on Federal property;
``(3) educate children of parents who are in the military
services and children who live in low-rent housing;
``(4) experience sudden and substantial increases in
enrollments because of military realignments; or
``(5) need special assistance with capital expenditures for
construction activities because of the enrollments of
substantial numbers of children who reside on Indian lands or
who are defined in sections 2 and 3 of the Act of September
23, 1950 (Public Law 815, 81st Congress; 20 U.S.C. 631 et
seq.).
``SEC. 8003. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL
PROPERTY.
``(a) In General.--Where the Secretary, after consultation
with any local educational agency and with the appropriate
State educational agency, determines for a fiscal year ending
prior to October 1, 1999--
``(1) that the United States owns Federal property in the
local educational agency, and that such property--
``(A) has been acquired by the United States since 1938;
``(B) was not acquired by exchange for other Federal
property in the local educational agency which the United
States owned before 1939; and
``(C) had an assessed value (determined as of the time or
times when so acquired) aggregating 10 percent or more of the
assessed value of all real property in the local educational
agency (similarly determined as of the time or times when
such Federal property was so acquired); and
``(2) that such agency is not being substantially
compensated for the loss in revenue resulting from such
ownership by increases in revenue accruing to the agency from
the conduct of Federal activities with respect to such
Federal property,
then such agency shall be paid the amount described in
subsection (b).
``(b) Amount.--
``(1) In general.--(A) The amount that a local educational
agency shall be paid under subsection (a) for a fiscal year
shall be calculated in accordance with paragraph (2), except
that such amount shall be reduced by the Secretary by an
amount equal to the amount of revenue, if any, that such
agency received from activities conducted on such property
during the previous fiscal year.
``(B) If funds appropriated under section 8013(a) are
insufficient to pay the amount determined under subparagraph
(A), the Secretary shall ratably reduce the payment to each
eligible local educational agency.
``(C) Notwithstanding any other provision of this
subsection, a local educational agency may not be paid an
amount under this section which exceeds the difference of--
``(i) the maximum amount that such agency is eligible to
receive for such fiscal year under section 8004(b)(1)(C); and
``(ii) the amount that such agency receives in such fiscal
year under section 8004(b)(2).
``(2) Application of current levied real property tax
rate.--In calculating the amount that a local educational
agency shall be paid for a fiscal year, the Secretary shall
apply the current levied real property tax rate for current
expenditures levied by fiscally independent local educational
agencies or imputed, for fiscally dependent local educational
agencies, to the current annually determined aggregate
assessed value of such acquired Federal property.
``(3) Determination of aggregate assessed value.--Such
aggregate assessed value of such acquired Federal property
shall be determined (on the basis of the highest and best use
of property adjacent to such acquired Federal property as of
the time such value is determined), and provided to the
Secretary, by the local official responsible for assessing
the value of real property located in the jurisdiction of
such local educational agency for the purpose of levying a
property tax.
``(c) Applicability to Tennessee Valley Authority Act.--For
the purposes of this section, any real property with respect
to which payments are being made under section 13 of the
Tennessee Valley Authority Act of 1933 shall not be regarded
as Federal property.
``(d) Ownership by United States.--The United States shall
be deemed to own Federal property for the purposes of this
Act, where--
``(1) prior to the transfer of Federal property, the United
States owned Federal property meeting the requirements of
subparagraphs (A), (B), and (C) of subsection (a)(1); and
``(2) the United States transfers a portion of the property
referred to in paragraph (1) to another nontaxable entity,
and the United States--
``(A) restricts some or any construction on such property;
``(B) requires that the property be used in perpetuity for
the public purposes for which it was conveyed;
``(C) requires the grantee of the property to report to the
Federal government (or its agent) containing information on
the use of the property;
``(D) except with the approval of the Federal government
(or its agent), prohibits the sale, lease, assignment, or
other disposal of the property unless such sale, lease,
assignment, or other disposal is to another eligible
government agency; and
``(E) reserves to the Federal government a right of
reversion at any time the Federal government (or its agent)
deems it necessary for the national defense.
``(e) School District Containing Forest Service Land and
Serving Certain Counties.--Beginning with fiscal year 1995, a
school district shall be deemed to meet the requirements of
subsection (a)(1)(C) if such school district meets the
following requirements:
``(1) The school district contains between 50,000 and
55,000 acres of land that has been acquired by the Forest
Service of the Department of Agriculture between 1915 and
1990, as demonstrated by written evidence from the Forest
Service satisfactory to the Secretary.
``(2) The school district serves a county chartered by
State law in 1875.
``SEC. 8004. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED
CHILDREN.
``(a) Computation of Payment.--
``(1) In general.--For the purpose of computing the amount
that a local educational agency is eligible to receive under
subsection (b), (d), or (f) for any fiscal year, the
Secretary shall determine the number of children who were in
average daily attendance in the schools of such agency, and
for whom such agency provided free public education, during
the preceding school year and who, while in attendance at
such schools--
``(A) resided on Federal property with a parent employed on
Federal property situated in whole or in part within the
boundaries of the school district of such agency;
``(B) resided on Federal property and had a parent on
active duty in the uniformed services (as defined in section
101 of title 37, United States Code);
``(C) resided on Indian lands;
``(D) had a parent on active duty in the uniformed services
(as defined by section 101 of title 37, United States Code)
but did not reside on Federal property; or
``(E) resided in low-rent housing.
``(2) Determination of weighted student units.--For
purposes of computing the basic support payment under
subsection (b), the Secretary shall calculate the total
number of weighted student units for a local educational
agency by adding together the results obtained by the
following computations:
``(A) Multiply the number of children described in
subparagraphs (A) and (B) of paragraph (1) by a factor of
1.0.
``(B) Multiply the number of children described in
paragraph (1)(C) by a factor of 1.25.
``(C) Multiply the number of children described in
subparagraphs (A) and (B) of paragraph (1) by a factor of .35
if the local educational agency has--
``(i) a number of such children described in such
subparagraphs which exceeds 6,500; and
``(ii) an average daily attendance for all children which
exceeds 100,000.
[[Page 549]]
``(D) Multiply the number of children described in
subparagraphs (D) and (E) of paragraph (1) by a factor of
.20.
``(b) Basic Support Payments and Payments With Respect to
Fiscal Years in Which Insufficient Funds Are Appropriated.--
``(1) Basic support payments.--
``(A) In general.--From the amount appropriated under
section 8013(b) for a fiscal year, the Secretary is
authorized to make basic support payments to eligible local
educational agencies with children described under subsection
(a).
``(B) Eligibility.--A local educational agency shall be
entitled to receive a basic support payment under
subparagraph (A) for a fiscal year with respect to a number
of children determined under subsection (a) only if the
number of children so determined with respect to such agency
amounts to the lesser of--
``(i) at least 400 such children, or
``(ii) a number of such children which equals at least 3
percent of the total number of children who were in average
daily attendance, during such year, at the schools of such
agency and for whom such agency provided free public
education.
``(C) Maximum amount.--The maximum amount that a local
educational agency is eligible to receive under this
subsection for any fiscal year is the sum of the total
weighted student units, as computed under subsection (a)(2),
multiplied by--
``(i) the greater of--
``(I) one-half of the average per pupil expenditure of the
State in which the local educational agency is located for
the 3rd preceding fiscal year, or
``(II) one-half of the average per pupil expenditure of all
of the States for the 3rd preceding fiscal year;
``(ii) the comparable local contribution rate certified by
the State, as determined under regulations prescribed to
carry out the Act of September 30, 1950 (Public Law 874, 81st
Congress), as in effect on January 1, 1994; or
``(iii) the average per pupil expenditure of the State in
which the local educational agency is located, multiplied by
the local contribution percentage.
``(2) Payments with respect to fiscal years in which
insufficient funds are appropriated.--
``(A) In general.--For any fiscal year in which the sums
appropriated under section 8013(b) are insufficient to pay to
each local educational agency the full amount computed under
paragraph (1), the Secretary shall make payments based upon
the provisions of this paragraph.
``(B) Learning opportunity threshold payments.--(i) For
fiscal years described in subparagraph (A), the Secretary
shall compute a learning opportunity threshold payment
(hereinafter `threshold payment') by multiplying the amount
obtained under paragraph (1)(C) by the total percentage
obtained by adding--
``(I) the percentage of federally connected children for
each local educational agency determined by calculating the
fraction, the numerator of which is the total number of
children described under subsection (a)(1) and the
denominator of which is the total number of children in
average daily attendance at the schools served by such
agency; and
``(II) the percentage that funds under this paragraph
represent of the total budget of the local educational
agency, determined by calculating the fraction, the numerator
of which is the total amount of funds calculated for each
educational agency under this paragraph (not including
amounts received under subsection (f)), and the denominator
of which is the total current expenditures for such agency.
``(ii) Such total percentage used to calculate threshold
payments under paragraph (1) shall not exceed 100.
``(C) Ratable distribution.--For fiscal years described in
subparagraph (A), the Secretary shall make payments as a
ratable distribution based upon the computation made under
subparagraph (B).
``(c) Prior Year Data.--All calculations under this section
shall be based upon data for each local educational agency
from the fiscal year preceding the fiscal year for which the
agency is making application for payment.
``(d) Use of Funds for Children With Disabilities.--
``(1) In general.--From the amount appropriated under
section 8013(c) for a fiscal year, the Secretary shall pay to
each eligible local educational agency, on a pro rata basis,
the amounts determined by--
``(A) multiplying the number of children described in
subparagraphs (B) and (C) of subsection (a)(1) who are
eligible to receive services under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.) by a
factor of 1.0; and
``(B) multiplying the number of children described in
subparagraph (D) of subsection (a)(1) who are eligible to
receive services under such Act by a factor of .5.
``(2) Use of funds.--A local educational agency that
receives funds under paragraph (1) shall use such funds to
provide a free appropriate public education to children
described in paragraph (1) in accordance with the Individuals
with Disabilities Education Act.
``(e) Hold-Harmless Amounts.--
``(1) In general.--Notwithstanding any other provision of
this section, the total amount that the Secretary shall pay
to a local educational agency under subsections (b) and (f)--
``(A) for fiscal year 1995, shall not be less than 80
percent of the payment such agency received for fiscal year
1994 under section 3(a) of the Act of September 30, 1950
(Public Law 81-874, 81st Congress), as in effect for fiscal
year 1994;
``(B) for fiscal year 1996, shall not be less than 60
percent of such payment received for fiscal year 1994; and
``(C) for fiscal year 1997, shall not be less than 40
percent of such payment received for fiscal year 1994.
``(2) Reduction in payments.--In order to make payments to
local educational agencies in accordance with paragraph (1),
the Secretary shall reduce payments to other local
educational agencies determined under subsection (b).
``(f) Additional Assistance for Heavily Impacted Local
Educational Agencies.--
``(1) In general.--From amounts appropriated under section
8013(d) for a fiscal year, the Secretary shall provide
additional assistance to meet special circumstances relating
to the provision of education in local educational agencies
eligible to receive assistance under this section.
``(2) Eligibility.--A local educational agency shall be
eligible to receive additional assistance under this
subsection only if such agency--
``(A)(i) has an enrollment of federally connected children
described in subsection (a)(1) which constitutes at least 40
percent of the total student enrollment of such agency; and
``(ii) has a tax rate for general fund purposes which is at
least 95 percent of the average tax rate for general fund
purposes of comparable local educational agencies in the
State;
``(B)(i) has an enrollment of federally connected children
described in subsection (a)(1) which constitutes at least 35
percent of the total student enrollment of such agency; and
``(ii) has a tax rate for general fund purposes which is at
least 125 percent of the average tax rate for general fund
purposes of comparable local educational agencies in the
State; or
``(C) is a local education agency whose boundaries are the
same as a Federal military installation or includes Federal
property under exclusive Federal jurisdiction.
``(3) Maximum payments.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall determine the maximum amount that a local
educational agency may receive under this subsection in
accordance with the following computations:
``(i) The Secretary shall first determine the greater of--
``(I) the average per pupil expenditure of the State in
which the local educational agency is located or the average
per pupil expenditure of all the States;
``(II) the average per pupil expenditure of generally
comparable school districts located in the State of the local
educational agency, as defined by the Secretary in
regulations; or
``(III) the average per pupil expenditure of three
generally comparable school districts located in the State of
the local educational agency, as defined by the Secretary in
regulations.
``(ii) The Secretary shall next subtract from the amount
determined under clause (i) the average amount of State aid
per pupil received by the local educational agency.
``(iii) The Secretary shall next multiply the amount
determined under clause (ii) by the sum of the total weighted
units of the local educational agency, as computed under
subsection (a)(2).
``(iv) If the tax rate of the local educational agency is
greater than 94 percent, but less than 100 percent, of the
tax rate of comparable school districts, the Secretary shall
next multiply the amount determined under clause (iii) by the
percentage that the tax rate of the local educational agency
is of--
``(I) the average tax rate of its generally comparable
school districts; or
``(II) the average tax rate of all the school districts in
the State in which the local educational agency is located.
``(v) The Secretary shall next subtract the total amount of
payments received by a local educational agency under
subsections (b) and (d) for a fiscal year from the amount
determined under clause (iii) or clause (iv), as the case may
be.
``(B) Special rule.--With respect to payments to local
educational agencies described in subparagraphs (B) and (C)
of paragraph (2), the maximum amount of such payments shall
be equal to the product of the average per pupil expenditure
of all the States multiplied by .7, except that such amount
may not exceed 125 percent of the average per pupil
expenditure of all local educational agencies in the State.
``(4) Current year data.--The Secretary shall, for purposes
of providing assistance under this subsection, use--
``(A) data from the fiscal year in which the local
educational agency is applying for assistance under this
subsection; or
``(B) the most recent data available which is adjusted to
such fiscal year.
``(5) Reduction in payments.--If funds appropriated to
carry out this subsection are insufficient to pay in full the
amounts determined under paragraph (3), the Secretary shall
ratably reduce the payment to each eligible local educational
agency.
[[Page 550]]
``SEC. 8005. POLICIES AND PROCEDURES RELATING TO CHILDREN
RESIDING ON INDIAN LANDS.
``(a) In General.--A local educational agency that claims
children residing on Indian lands for the purpose of
receiving funds under section 8004 shall establish policies
and procedures to ensure that--
``(1) such children participate in programs and activities
supported by such funds on an equal basis with all other
children;
``(2) parents of such children and Indian tribes are
afforded an opportunity to present their views on such
programs and activities, including an opportunity to make
recommendations on the needs of those children and how they
may help those children realize the benefits of those
programs and activities;
``(3) parents and Indian tribes are consulted and involved
in planning and developing such programs and activities;
``(4) relevant applications, evaluations, and program plans
are disseminated to the parents and Indian tribes; and
``(5) parents and Indian tribes are afforded an opportunity
to present their views on the agency's general educational
program to such agency.
``(b) Records.--A local educational agency that claims
children residing on Indian lands for the purpose of
receiving funds under section 8004 shall maintain records
demonstrating its compliance with requirements contained in
subsection (a).
``(c) Waiver.--A local educational agency that claims
children residing on Indian lands for the purpose of
receiving funds under section 8004 is excused from the
requirements contained in subsections (a) and (b) for any
year with respect to any Indian tribe from which it has
received a written statement that the agency need not comply
with those subsections because the tribe is satisfied with
the provision of educational services by such agency to such
children.
``(d) Technical Assistance and Enforcement.--The Secretary
shall--
``(1) provide technical assistance to local educational
agencies, parents, and Indian tribes to enable them to carry
out this section; and
``(2) enforce this section through such actions, which may
include the withholding of funds, as the Secretary determines
to be appropriate, after affording the affected local
educational agency, parents, and Indian tribe an opportunity
to present their views.
``SEC. 8006. APPLICATION FOR PAYMENTS UNDER SECTIONS 8003 AND
8004.
``(a) In General.--A local educational agency desiring to
receive a payment under section 8003 or 8004 shall--
``(1) submit an application for such payment to the
Secretary; and
``(2) provide a copy of such application to the State
educational agency.
``(b) Contents.--Each such application shall be submitted
in such form and manner, and shall contain such information,
as the Secretary may require, including--
``(1) information to determine the eligibility of the local
educational agency for a payment and the amount of such
payment; and
``(2) where applicable, an assurance that such agency is in
compliance with section 8005 (relating to children residing
on Indian lands).
``(c) Deadline for Submission.--The Secretary shall
establish deadlines for the submission of applications under
this section.
``(d) Approval.--
``(1) In general.--The Secretary shall approve an
application submitted under this section that--
``(A) is filed by the deadline established under subsection
(c); and
``(B) otherwise meets the requirements of this title.
``(2) Reduction in payment.--The Secretary shall approve an
application filed up to 60 days after a deadline established
under subsection (c) that otherwise meets the requirements of
this title, except that, notwithstanding section 8004(e), the
Secretary shall reduce the payment based on such late
application by 10 percent of the amount that would otherwise
be paid.
``(3) Late applications.--The Secretary shall not accept or
approve any application that is filed more than 60 days after
a deadline established under subsection (c).
``SEC. 8007. PAYMENTS FOR SUDDEN AND SUBSTANTIAL INCREASES IN
ATTENDANCE OF MILITARY DEPENDENTS.
``(a) Eligibility.--A local educational agency is eligible
for a payment under this section if--
``(1) the number of children in average daily attendance
during the current school year is at least ten percent or 100
more than the number of children in average daily attendance
in the preceding school year; and
``(2) the number of children in average daily attendance
with a parent on active duty (as defined in section 101(18)
of title 37, United States Code) in the Armed Forces who are
in attendance at such agency because of the assignment of
their parent to a new duty station between July 1 and
September 30, inclusive, of the current year, as certified by
an appropriate local official of the Department of Defense,
is at least ten percent or 100 more than the number of
children in average daily attendance in the preceding school
year.
``(b) Application.--A local educational agency that wishes
to receive a payment under this section shall file an
application with the Secretary by October 15 of the current
school year, in such manner and containing such information
as the Secretary may prescribe, including information
demonstrating that it is eligible for such a payment.
``(c) Children To Be Counted.--For each eligible local
educational agency that applies for a payment under this
section, the Secretary shall determine the lesser of--
``(1) the increase in the number of children in average
daily attendance from the preceding year; and
``(2) the number of children described in subsection
(a)(2).
``(d) Payments.--From the amount appropriated for a fiscal
year under section 8013(c), the Secretary shall pay each
local educational agency with an approved application an
amount, not to exceed $200 per eligible child, equal to--
``(1) the amount available to carry out this section,
including any funds carried over from prior years, divided by
the number of children determined under subsection (c) for
all such local educational agencies; multiplied by
``(2) the number of such children determined for that local
educational agency.
``(e) Notification Process.--
``(1) Establishment.--The Secretary shall endeavor to
establish, with the Secretary of Defense, a notification
process relating to the closure of Department of Defense
facilities, or the adjustment of personnel levels assigned to
such facilities, which may substantially affect the student
enrollment levels of local educational agencies which receive
or may receive payments under this title.
``(2) Information.--Such process shall provide timely
information regarding such closures and such adjustments--
``(A) by the Secretary of Defense to the Secretary; and
``(B) by the Secretary to the affected local educational
agencies.
``SEC. 8008. FACILITIES.
``(a) Current Facilities.--From the amount appropriated for
any fiscal year under section 8013(e), the Secretary may
continue to provide assistance for school facilities that
were supported by the Secretary under section 10 of the Act
of September 23, 1950 (Public Law 815, 81st Congress; 20
U.S.C. 640) as in effect prior to the date of the enactment
of the Improving America's Schools Act of 1994.
``(b) Transfer of Facilities.--
``(1) In general.--The Secretary shall, as soon as
practicable, transfer to the appropriate local educational
agency or another appropriate entity all the right, title,
and interest of the United States in and to each facility
provided under section 10 of the Act of September 23, 1950
(Public Law 815, 81st Congress; 20 U.S.C. 640), or under
section 204 or 310 of the Act of September 30, 1950 (Public
Law 874, 81st Congress), as in effect on January 1, 1958.
``(2) Other requirements.--Any such transfer shall be
without charge to such agency or entity, and prior to such
transfer, the transfer must be consented to by the local
education agency or other appropriate entity, and may be made
on such terms and conditions as the Secretary deems
appropriate to carry out the purposes of this Act.
``SEC. 8009. STATE CONSIDERATION OF PAYMENTS IN PROVIDING
STATE AID.
``(a) General Prohibition.--Except as provided in
subsection (b), a State may not--
``(1) consider payments under this title or under the Act
of September 30, 1950 (Public Law 874, 81st Congress) in
determining for any fiscal year--
``(A) the eligibility of a local educational agency for
State aid for free public education; or
``(B) the amount of such aid; or
``(2) make such aid available to local educational agencies
in a manner that results in less State aid to any local
educational agency that is eligible for such payment than it
would receive if it were not so eligible.
``(b) State Equalization Plans.--
``(1) In general.--A State may reduce State aid to a local
educational agency that receives a payment under sections
8003 and 8004(b) (except the amount calculated in excess of
1.0 under subparagraph (B) of subsection (a)(2)) or under the
Act of September 30, 1950 (Public Law 874, 81st Congress) as
such Act existed prior to the enactment of the Improving
America's Schools Act of 1994 (other than an increase in
payments described in paragraphs (2)(B), (2)(C), (2)(D), or
(3)(B)(ii) of section 3(d) of such Act of September 30, 1950)
for any fiscal year if the Secretary determines, and
certifies under subsection (c)(3)(A), that such State has in
effect a program of State aid that equalizes expenditures for
free public education among local educational agencies in
such State.
``(2) Computation.--
``(A) In general.--(i) For purposes of paragraph (1), a
program of State aid equalizes expenditures among local
educational agencies if, in the second preceding fiscal year,
the amount of per-pupil expenditures made by, or per-pupil
revenues available to, the local educational agency in the
State with the highest such per-pupil expenditures or
revenues did not exceed the amount of such per-pupil
expenditures made by, or per-pupil revenues available to, the
local educational agency in the State with the lowest such
expenditures or revenues by more than 10 percent.
``(ii) If a program of State aid uses a `weighted-pupil',
`classroom', `instructional unit', or other designated unit
of need in determining allocations of State aid in order to
take account of special cost differentials, the computation
of per-pupil revenue or current
[[Page 551]]
expenditures may be made on the basis of any such unit of
need.
``(B) Other factors.--In making a determination under this
subsection, the Secretary shall--
``(i) disregard local educational agencies with per-pupil
expenditures or revenues above the 95th percentile or below
the 5th percentile of such expenditures or revenues in the
State; and
``(ii) take into account the extent to which a program of
State aid reflects the additional cost of providing free
public education in particular types of local educational
agencies, such as those that are geographically isolated, or
to particular types of students, such as children with
disabilities.
``(3) Exception.--Notwithstanding paragraph (2), if the
Secretary determines that the State has substantially revised
its program of State aid, the Secretary may certify such
program for any fiscal year only if--
``(A) the Secretary determines, on the basis of projected
data, that the State's program will meet the 10 percent
disparity standard described in paragraph (2) in that fiscal
year; and
``(B) the State provides an assurance to the Secretary
that, if final data do not demonstrate that the State's
program met such standard for that year (or that it met such
standard with a greater percentage of disparity than
anticipated), the State will pay to each affected local
educational agency the amount by which it reduced State aid
to the local educational agency on the basis of such
certification, or a proportionate share thereof, as the case
may be.
``(c) Procedures For Review of State Equalization Plans.--
``(1) Written notice.--
``(A) In general.--Any State that wishes to consider
payments described in subsection (b)(1) in providing State
aid to local educational agencies shall submit to the
Secretary, not later than 120 days before the beginning of
the State's fiscal year, a written notice of its intention to
do so.
``(B) Contents.--Such notice shall be in the form and
contain the information the Secretary requires, including
evidence that the State has notified each local educational
agency in the State of its intention to consider such
payments in providing State aid.
``(2) Opportunity to present views.--Before making a
determination under subsection (b), the Secretary shall
afford the State, and local educational agencies in the
State, an opportunity to present their views.
``(3) Qualification procedures.--If the Secretary
determines that a program of State aid qualifies under
subsection (b), the Secretary shall--
``(A) certify the program and so notify the State; and
``(B) afford an opportunity for a hearing, in accordance
with section 8011(a), to any local educational agency
adversely affected by such certification.
``(4) Non-qualification procedures.--If the Secretary
determines that a program of State aid does not qualify under
subsection (b), the Secretary shall--
``(A) so notify the State; and
``(B) afford an opportunity for a hearing, in accordance
with section 8011(a), to the State, and to any local
educational agency adversely affected by such determination.
``(d) Reductions of State Aid.--
``(1) In general.--A State whose program of State aid has
been certified by the Secretary under subsection (c)(3) may
reduce the amount of such aid provided to a local educational
agency that receives a payment under section 8003 and section
8004(b) by any amount up to--
``(A) the amount of such payment (excluding amounts
provided under subsections (d) and (f) of section 8004 and
the amount calculated in excess of 1.0 under section
8004(a)(2)); multiplied by
``(B) 100 percent minus the percentage of disparity
determined under subsection (b).
``(2) Prohibition.--A State may not make a reduction
described in paragraph (1) before its program of State aid
has been certified by the Secretary under subsection (c)(3).
``(e) Remedies for State Violations.--
``(1) In general.--The Secretary or any aggrieved local
educational agency may, without exhausting administrative
remedies, bring an action in a United States district court
against any State that violates subsection (a) or subsection
(d)(2) or fails to carry out an assurance provided under
subsection (b)(3)(B).
``(2) Immunity.--A State shall not be immune under the
eleventh amendment to the Constitution of the United States
from an action described in paragraph (1).
``(3) Relief.--The court shall grant such relief as it
determines is appropriate, which may include attorney's fees
to a prevailing local educational agency.
``SEC. 8010. FEDERAL ADMINISTRATION.
``(a) Payments in Whole Dollar Amounts--The Secretary shall
round any payments under this title to the nearest whole
dollar amount.
``(b) Other Agencies.--Each Federal agency administering
Federal property on which children reside, and each agency
principally responsible for an activity that may occasion
assistance under this title, shall, to the maximum extent
practicable, comply with requests of the Secretary for
information the Secretary may require to carry out this
title.
``SEC. 8011. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.
``(a) Administrative Hearings.--A local educational agency
and a State that is adversely affected by any action of the
Secretary under this title shall be entitled to a hearing on
such action in the same manner as if such agency were a
person under chapter 5 of title 5, United States Code.
``(b) Judicial Review of Secretarial Action.--
``(1) In general.--A local educational agency or a State
aggrieved by the Secretary's final decision following an
agency proceeding under subsection (a) may, within 60 days
after receiving notice of such decision, file with the United
States court of appeals for the circuit in which such agency
or State is located a petition for review of that action. The
clerk of the court shall promptly transmit a copy of the
petition to the Secretary. The Secretary shall then file in
the court the record of the proceedings on which the
Secretary's action was based, as provided in section 2112 of
title 28, United States Code.
``(2) Findings of fact.--The findings of fact by the
Secretary, if supported by substantial evidence, shall be
conclusive, but the court, for good cause shown, may remand
the case to the Secretary to take further evidence. The
Secretary may thereupon make new or modified findings of fact
and may modify the Secretary's previous action, and shall
file in the court the record of the further proceedings. Such
new or modified findings of fact shall likewise be conclusive
if supported by substantial evidence.
``(3) Review.--The court shall have exclusive jurisdiction
to affirm the action of the Secretary or to set it aside, in
whole or in part. The judgment of the court shall be subject
to review by the Supreme Court of the United States upon
certiorari or certification as provided in section 1254 of
title 28, United States Code.
``SEC. 8012. DEFINITIONS.
``For purposes of this title, the following definitions
apply:
``(1) Armed forces.--The term `Armed Forces' means the
Army, Navy, Air Force, and Marine Corps.
``(2) Average per-pupil expenditure.--The term `average
per-pupil expenditure' means--
``(A) the aggregate current expenditures of all local
educational agencies in the State; divided by
``(B) the total number of children in average daily
attendance for whom such agencies provided free public
education.
``(3) Construction.--The term `construction' means--
``(A) the preparation of drawings and specifications for
school facilities;
``(B) erecting, building, acquiring, altering, remodeling,
repairing, or extending school facilities;
``(C) inspecting and supervising the construction of school
facilities; and
``(D) debt service for such activities.
``(4) Federal property.--
``(A) In general.--Except as provided in subparagraphs (B)
through (F), the term `Federal property' means real property
that is not subject to taxation by any State or any political
subdivision of a State due to Federal agreement, law, or
policy, and that is--
``(i) owned by the United States or leased by the United
States from another entity;
``(ii)(I) held in trust by the United States for individual
Indians or Indian tribes;
``(II) held by individual Indians or Indian tribes subject
to restrictions on alienation imposed by the United States;
``(III) conveyed at any time under the Alaska Native Claims
Settlement Act (Public Law 92-203, 43 U.S.C. 1601 et seq.) to
a Native individual, Native group, or Village or Regional
corporation;
``(IV) public land owned by the United States that is
designated for the sole use and benefit of individual Indians
or Indian tribes; or
``(V) used for low-rent housing, as otherwise described in
this paragraph, that is located on land described in
subclause (I), (II), (III), or (IV) of this clause or on land
that met one of those descriptions immediately before its use
for such housing;
``(iii)(I) part of a low-rent housing project assisted
under the United States Housing Act of 1937; or
``(II) used to provide housing for homeless children at
closed military installations pursuant to section 501 of the
Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11411); or
``(iv) owned by a foreign government or by an international
organization.
``(B) Schools providing flight training to members of air
force.--The term `Federal property' includes, so long as not
subject to taxation by any State or any political subdivision
of a State, and whether or not that tax exemption is due to
Federal agreement, law, or policy, any school providing
flight training to members of the Air Force under contract
with the Air Force at an airport owned by a State or
political subdivision of a State.
``(C) Non-federal easements, leases, licenses, permits,
improvements, and certain other real property.--The term
`Federal property' includes, whether or not subject to
taxation by a State or a political subdivision of a State--
``(i) any non-Federal easement, lease, license, permit, or
other such interest in Federal property as otherwise
described in this paragraph, but not including any non-
Federal fee-simple interest;
``(ii) any improvement on Federal property as otherwise
described in this paragraph; and
``(iii) real property that, immediately before its sale or
transfer to a non-Federal party, was owned by the United
States and
[[Page 552]]
otherwise qualified as Federal property described in this
paragraph, but only for one year beyond the end of the fiscal
year of such sale or transfer.
``(D) Certain postal service property and pipelines and
utility lines.--Notwithstanding any other provision of this
paragraph, the term `Federal property' does not include--
``(i) any real property under the jurisdiction of the
United States Postal Service that is used primarily for the
provision of postal services; or
``(ii) pipelines and utility lines.
``(E) Property with respect to which state or local tax
revenues may not be expended, allocated, or available for
free public education.--Notwithstanding any other provision
of this paragraph, `Federal property' does not include any
property on which children reside that is otherwise described
in this paragraph if--
``(i) no tax revenues of the State or of any political
subdivision of the State may be expended for the free public
education of children who reside on that Federal property; or
``(ii) no tax revenues of the State are allocated or
available for the free public education of such children.
``(F) Certain property located in state of oklahoma owned
by indian housing authority for low-income housing.--The term
`Federal property' includes any real property located in the
State of Oklahoma that--
``(i) is owned by an Indian housing authority and used for
low-income housing (including housing assisted under the
mutual help ownership opportunity program under section 202
of the United States Housing Act of 1937); and
``(ii) at any time--
``(I) was designated by treaty as tribal land; or
``(II) satisfied the definition of Federal property under
section 403(1)(A) of the Act of September 30, 1950 (Public
Law 874, 81st Congress).
``(5) Free public education.--The term `free public
education' means education that is provided--
``(A) at public expense, under public supervision and
direction, and without tuition charge; and
``(B) as elementary or secondary education, as determined
under State law, except that, notwithstanding State law, such
term--
``(i) includes preschool education; and
``(ii) does not include any education provided beyond grade
12.
``(6) Indian lands.--The term `Indian lands' means any
Federal property described in paragraph (4)(A)(ii) or (4)(F).
``(7) Local contribution percentage.--
``(A) In general.--The term `local contribution percentage'
means the percentage of current expenditures in the State
derived from local and intermediate sources, as reported to
and verified by the National Center for Education Statistics.
``(B) Hawaii and district of columbia.--Notwithstanding
subparagraph (A), the local contribution percentage for
Hawaii and for the District of Columbia shall be the local
contribution percentage computed for the Nation as a whole.
``(8) Local educational agency.--
``(A) In general.--Except as provided in subparagraph (B),
the term `local educational agency'--
``(i) means a board of education or other legally
constituted local school authority having administrative
control and direction of free public education in a county,
township, independent school district, or other school
district; and
``(ii) includes any State agency that directly operates and
maintains facilities for providing free public education.
``(B) Exception.--The term `local educational agency' does
not include any agency or school authority that the Secretary
determines on a case-by-case basis--
``(i) was constituted or reconstituted primarily for the
purpose of receiving assistance under this title or the Act
of September 30, 1950 (Public Law 874, 81st Congress) or
increasing the amount of such assistance; or
``(ii) is not constituted or reconstituted for legitimate
educational purposes.
``(9) Low-rent housing.--The term `low-rent housing' means
housing located on property that is described paragraph
(4)(A)(iii).
``(10) Revenue derived from local sources.--The term
`revenue derived from local sources' means--
``(A) revenue produced within the boundaries of a local
educational agency and available to such agency for its use;
or
``(B) funds collected by another governmental unit, but
distributed back to a local educational agency in the same
proportion as it was collected as a local revenue source.
``(11) School facilities.--The term `school facilities'
includes--
``(A) classrooms and related facilities; and
``(B) equipment, machinery, and utilities necessary or
appropriate for school purposes.
``SEC. 8013. AUTHORIZATION OF APPROPRIATIONS.
``(a) Payments for Federal Acquisition of Real Property.--
For the purpose of making payments under section 8003, there
are authorized to be appropriated $16,750,000 for fiscal year
1995 and such sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.
``(b) Basic Payments.--For the purpose of making payments
under section 8004(a), there are authorized to be
appropriated $775,500,000 for fiscal year 1995 and such sums
as may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.
``(c) Payments for Children With Disabilities.--For the
purpose of making payments under section 8004(d), there are
authorized to be appropriated $45,000,000 for fiscal year
1995 and such sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.
``(d) Payments for Heavily Impacted Local Educational
Agencies.--
``(1) In general.--For the purpose of making payments under
section 8004(f), there are authorized to be appropriated
$42,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are
authorized to remain available until expended.
``(e) Payments for Increases in Military Children.--For the
purpose of making payments under section 8007, there are
authorized to be appropriated $2,000,000 for fiscal year 1995
and such sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.
``(f) Facilities Maintenance.--For the purpose of making
payments under section 8008, there are authorized to be
appropriated $2,000,000 for fiscal year 1995 and such sums as
may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.
``TITLE IX--GENERAL PROVISIONS
``PART A--DEFINITIONS
``SEC. 9101. DEFINITIONS.
``Except as otherwise provided, for the purposes of this
Act, the following terms have the following meanings:
``(1)(A) Except as provided otherwise by State law or this
paragraph, the term `average daily attendance' means--
``(i) the aggregate number of days of attendance of all
students during a school year; divided by
``(ii) the number of days school is in session during such
school year.
``(B) The Secretary shall permit the conversion of average
daily membership (or other similar data) to average daily
attendance for local educational agencies in States that
provide State aid to local educational agencies on the basis
of average daily membership or such other data.
``(C) If the local educational agency in which a child
resides makes a tuition or other payment for the free public
education of the child in a school located in another school
district, the Secretary shall, for purposes of this Act--
``(i) consider the child to be in attendance at a school of
the agency making such payment; and
``(ii) not consider the child to be in attendance at a
school of the agency receiving such payment.
``(D) If a local educational agency makes a tuition payment
to a private school or to a public school of another local
educational agency for a child with disabilities, as defined
in section 602(a)(1) of the Individuals with Disabilities
Education Act, the Secretary shall, for the purposes of this
Act, consider such child to be in attendance at a school of
the agency making such payment.
``(2) The term `average per-pupil expenditure' means, in
the case of a State or of the United States--
``(A) without regard to the source of funds--
``(i) the aggregate current expenditures, during the third
preceding fiscal year (or, if satisfactory data for that year
are not available, during the most recent preceding fiscal
year for which satisfactory data are available) of all local
educational agencies in the State or, in the case of the
United States for all States (which, for the purpose of this
paragraph, means the 50 States and the District of Columbia);
plus
``(ii) any direct current expenditures by the State for
operation of such agencies; divided by
``(B) the aggregate number of children in average daily
attendance to whom such agencies provided free public
education during such preceding year.
``(3) The term `child' means any person within the age
limits for which the applicable State provides free public
education.
``(4) The term `community-based organization' means a
private nonprofit organization that--
``(A) is representative of a community or significant
segments of a community; and
``(B) provides educational or related services to
individuals in the community.
``(5) The term `consolidated State application' means an
application submitted by a State educational agency pursuant
to section 9302 of this Act.
``(6) The term `county' means one of those divisions of a
State used by the Secretary of Commerce in compiling and
reporting data regarding counties.
``(7) The term `covered program' means each of the programs
authorized by--
``(A) part A of title I of this Act;
``(B) part C of title I of this Act;
``(C) part A of title II of this Act; and
``(D) part A of title IV of this Act except section 4104.
``(8) The term `current expenditures' means expenditures
for free public education--
``(A) including expenditures for administration,
instruction, attendance and health services, pupil
transportation services, operation and maintenance of plant,
fixed charges, and net expenditures to cover deficits for
food services and student body activities; but
``(B) not including expenditures for community services,
capital outlay, and debt service, or any expenditures made
from funds
[[Page 553]]
received under title I and part A of title II of this Act.
``(9) The term `Department' means the Department of
Education.
``(10) The term `educational service agency' means regional
public multiservice agencies authorized by State statute to
develop, manage, and provide services and programs to local
educational agencies.
``(11) The term `elementary school' means a nonprofit
institutional day or residential school that provides
elementary education, as determined under State law.
``(12) The term `free public education' means education
that is provided--
``(A) at public expense, under public supervision and
direction, and without tuition charge; and
``(B) as elementary or secondary school education as
determined under applicable State law, except that such term
does not include any education provided beyond grade 12.
``(13) The term `institution of higher education' has the
meaning given that term in section 1201(a) of the Higher
Education Act of 1965.
``(14)(A) The term `local educational agency' means a
public board of education or other public authority legally
constituted within a State for either administrative control
or direction of, or to perform a service function for, public
elementary or secondary schools in a city, county, township,
school district, or other political subdivision of a State,
or for such combination of school districts or counties as
are recognized in a State as an administrative agency for its
public elementary or secondary schools.
``(B) The term includes any other public institution or
agency having administrative control and direction of a
public elementary or secondary school.
``(15) The term `mentoring' means a program in which an
adult works with a child or youth on a 1-to-1 basis,
establishing a supportive relationship, providing academic
assistance, and exposing the child or youth to new
experiences that enhance the child or youth's ability to
excel in school and become a responsible citizen.
``(16) The term `other staff' means pupil services
personnel, librarians, career guidance and counseling
personnel, education aides, and other instructional and
administrative personnel.
``(17) The term `outlying area' means the Virgin Islands,
Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, and Palau (until the effective date of the
Compact of Free Association with the Government of Palau).
``(18) The term `parent' includes a legal guardian or other
person standing in loco parentis.
``(19) The terms `pupil-services personnel' and `pupil
services' mean, respectively--
``(A) school counselors, school social workers, school
psychologists, and other qualified professional personnel
involved in providing assessment, diagnosis, counseling,
educational, therapeutic, and other necessary services as
part of a comprehensive program to meet student needs; and
``(B) the services provided by such individuals.
``(20) The term `secondary school' means a nonprofit
institutional day or residential school that provides
secondary education, as determined under State law, except
that it does not include any education beyond grade 12.
``(21) The term `Secretary' means the Secretary of
Education.
``(22) The term `State' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, and
each of the outlying areas.
``(23) The term `State educational agency' means the agency
primarily responsible for the State supervision of public
elementary and secondary schools.
``SEC. 9102. APPLICABILITY OF THIS TITLE.
``Parts B through F of this title do not apply to title
VIII of this Act.
``SEC. 9103. REFERENCES IN OTHER ACTS.
``References to section 1471 of this Act, as it existed
prior to the enactment of the Improving America's Schools Act
of 1994, shall be deemed to refer to this section.
``SEC. 9104. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS
OPERATED SCHOOLS.
``For purposes of any competitive program under this Act, a
consortia of schools operated by the Bureau of Indian
Affairs, a school operated under a contract or grant with the
Bureau of Indian Affairs in consortia with another contract
or grant school or tribal or community organization, or a
Bureau of Indian Affairs school in consortia with an
institution of higher education, a contract or grant school
and tribal or community organization shall be given the same
consideration as a local educational agency. Such consortia
shall apply through the Bureau of Indian Affairs which shall
apply to the Department of Education on their behalf.
``PART B--FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS
``SEC. 9201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR
ELEMENTARY AND SECONDARY EDUCATION PROGRAMS.
``(a) Consolidation of Administrative Funds.--(1) A State
educational agency may consolidate the amounts specifically
made available to it for State administration under one or
more of the programs specified under paragraph (2) if such
State educational agency can demonstrate that the majority of
such agency's resources come from non-Federal sources.
``(2) This section applies to title I of this Act and the
covered programs specified in sections 9101(7)(C) and (D).
``(b) Use of Funds.--(1) A State educational agency shall
use the amount available under this section for the
administration of the programs included in the consolidation
under subsection (a).
``(2) A State educational agency may also use funds
available under this section for administrative activities
designed to enhance the effective and coordinated use of
funds under such programs, such as--
``(A) the coordination of programs specified in subsection
(a)(2) with other Federal and non-Federal programs;
``(B) the establishment and operation of peer- review
mechanisms under this Act;
``(C) the administration of this title;
``(D) the dissemination of information regarding model
programs and practices; and
``(E) technical assistance under programs specified in
subsection (a)(2).
``(c) Records.--A State educational agency that
consolidates administrative funds under this section shall
not be required to keep separate records, by individual
program, to account for costs relating to the administration
of programs included in the consolidation under subsection
(a).
``(d) Review.--To determine the effectiveness of State
administration under this section, the Secretary may
periodically review the performance of State educational
agencies in using consolidated administrative funds under
this section and take such steps as the Secretary finds
appropriate to ensure the effectiveness of such
administration.
``(e) Unused Administrative Funds.--If a State educational
agency does not use all of the funds available to it under
this section for administration, it may use such funds during
the applicable period of availability as funds available
under one or more programs included in the consolidation
under subsection (a).
``SEC. 9202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.
``A State educational agency that also serves as a local
educational agency shall, in its applications or State plans
under this Act, describe how it will eliminate duplication in
the conduct of administrative functions.
``SEC. 9203. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.
``(a) General Authority.--In accordance with regulations of
the Secretary, a local educational agency, with the approval
of its State educational agency, may consolidate and use for
the administration of one or more covered programs for any
fiscal year not more than the percentage, established in each
covered program, of the total amount available to that local
educational agency under those covered programs.
``(b) State Procedures.--Within one year from the date of
enactment of the Improving America's Schools Act of 1994, a
State educational agency shall, in collaboration with local
educational agencies in the State, establish procedures for
responding to requests from local educational agencies to
consolidate administrative funds under subsection (a) and for
establishing limitations on the amount of funds under covered
programs that may be used for administration on a
consolidated basis.
``(c) Conditions.--A local educational agency that
consolidates administrative funds under this section for any
fiscal year shall not use any other funds under the programs
included in the consolidation for administration for that
fiscal year.
``(d) Uses of Administrative Funds.--A local educational
agency that consolidates administrative funds under this
section may use these consolidated funds for the
administration of covered programs and for the purposes
described in section 9201(b)(2).
``(e) Records.--A local educational agency that
consolidates administrative funds under this section shall
not be required to keep separate records, by individual
covered program, to account for costs relating to the
administration of covered programs included in the
consolidation.
``SEC. 9204. ADMINISTRATIVE FUNDS STUDY.
``(a) Study.--(1) The Secretary shall conduct a study of
the use of funds under this Act for the administration, by
State and local educational agencies, of covered programs,
including the percentage of grant funds used for such purpose
in covered programs.
``(2) Based on the results of such study, the Secretary
shall develop a definition of what types of activities
constitute the administration of programs under this Act by
State and local educational agencies.
``(3) Based on the results of such study, the Secretary may
publish regulations or guidelines regarding the use of funds
for administration under those programs, including the use of
such funds on a consolidated basis and limitations on the
amount of such funds that may be used for administration
where such limitation is not otherwise specified in law.
``(b) Report.--The Secretary shall submit to the President
and the appropriate committees of the Congress a report
regarding the study conducted under this section within 30
days of its completion.
``SEC. 9205. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE
INTERIOR FUNDS.
``(a) General Authority.--(1) The Secretary shall transfer
to the Department of the Interior, as a consolidated amount
for covered programs, the Indian education programs under
part A of title VI of this Act, and the education for
homeless children and
[[Page 554]]
youth program under subtitle B of title VII of the Stewart B.
McKinney Homeless Assistance Act, the amounts allotted to the
Department of the Interior under those programs.
``(2)(A) The Secretary and the Secretary of the Interior
shall enter into an agreement, consistent with the
requirements of the programs specified in paragraph (1), for
the distribution and use of those funds under terms that the
Secretary determines best meet the purposes of those
programs.
``(B) The agreement shall--
``(i) set forth the plans of the Secretary of the Interior
for the use of the amount transferred, the steps to be taken
to achieve the National Education Goals, and performance
measures to assess program effectiveness, including
measurable goals and objectives; and
``(ii) be developed in consultation with Indian tribes.
``(b) Administration.--The Department of the Interior may
use up to 1.5 percent of the funds consolidated under this
section for its costs related to the administration of the
funds transferred under this section.
``SEC. 9206. AVAILABILITY OF UNNEEDED PROGRAM FUNDS.
``(a) Unneeded Program Funds.--With the approval of its
State educational agency, a local educational agency that
determines for any fiscal year that funds under a covered
program other than part A of title I of this Act are not
needed for the purpose of that covered program may use such
funds, not to exceed five percent of the total amount of its
funds under that covered program, for the purpose of another
covered program.
``(b) Coordination of Services.--A local educational
agency, individual school, or consortium of schools may use a
total of up to 5 percent of the funds it receives under this
Act for the establishment and implementation of a coordinated
services project consistent with the requirements of title X
of this Act.''.
``PART C--COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL
APPLICATIONS
``SEC. 9301. PURPOSE.
``It is the purpose of this part to improve teaching and
learning by encouraging greater cross-program coordination,
planning, and service delivery under this Act and enhanced
integration of programs under this Act with educational
activities carried out with State and local funds.
``SEC. 9302. OPTIONAL CONSOLIDATED STATE APPLICATION.
``(a) General Authority.--(1) In order to simplify
application requirements and reduce burden for State
educational agencies under this Act, the Secretary shall, in
accordance with subsection (b), establish procedures and
criteria under which a State educational agency may submit a
consolidated State application meeting the requirements of
this section for each of the covered programs in which the
State participates.
``(2) A State educational agency may also include in its
consolidated application--
``(A) the Even Start program under part B of title I of
this Act;
``(B) the education of neglected and delinquent youth
program under part D of title I of this Act;
``(C) part A of title II of the Carl D. Perkins Vocational
and Applied Technology Education Act;
``(D) Goals 2000: Educate America Act;
``(E) School-to-Work Opportunities Act; and
``(F) such other programs as the Secretary may designate.
``(3) A State educational agency that submits a
consolidated State application under this section shall not
be required to submit separate State plans or applications
under
any of the programs to which its consolidated application
under this section applies.
``(b) Collaboration.--(1) In establishing criteria and
procedures under this section, the Secretary shall
collaborate with State educational agencies and, as
appropriate, with other State agencies, local educational
agencies, public and private nonprofit agencies,
organizations, and institutions, private schools, and
representatives of parents, students, and teachers.
``(2) Through the collaboration process described in
subsection (b), the Secretary shall establish, for each
program under the Act to which this section applies, the
descriptions, information, assurances, and other material
required to be included in a consolidated State application.
``(3) The Secretary shall require only descriptions,
information, assurances, and other materials that are
absolutely necessary for the consideration of the State
application.
``SEC. 9303. GENERAL APPLICABILITY OF STATE EDUCATIONAL
AGENCY ASSURANCES.
``(a) Assurances.--A State educational agency that submits
a State plan or application under this Act, whether
separately or under section 9302, shall have on file with the
Secretary a single set of assurances, applicable to each
program for which a plan or application is submitted, that
provides that--
``(1) each such program will be administered in accordance
with all applicable statutes, regulations, program plans, and
applications;
``(2)(A) the control of funds provided under each such
program and title to property acquired with program funds
will be in a public agency, in a nonprofit private agency,
institution, or organization, or in an Indian tribe if the
statute authorizing the program provides for assistance to
such entities; and
``(B) the public agency, nonprofit private agency,
institution, or organization, or Indian tribe will administer
such funds and property to the extent required by the
authorizing statutes;
``(3) the State will adopt and use proper methods of
administering each such program, including--
``(A) the enforcement of any obligations imposed by law on
agencies, institutions, organizations and other recipients
responsible for carrying out each program;
``(B) the correction of deficiencies in program operations
that are identified through audits, monitoring, or
evaluation; and
``(C) the adoption of written procedures for the receipt
and resolution of complaints alleging violations of law in
the administration of such programs;
``(4) the State will cooperate in carrying out any
evaluation of each such program conducted by or for the
Secretary or other Federal officials;
``(5) the State will use such fiscal control and fund
accounting procedures as will ensure proper disbursement of,
and accounting for, Federal funds paid to the State under
each such program;
``(6) the State will--
``(A) make reports to the Secretary as may be necessary to
enable the Secretary to perform the Secretary's duties under
each such program; and
``(B) maintain such records, provide such information to
the Secretary, and afford access to the records as the
Secretary may find necessary to carry out the Secretary's
duties; and
``(7) before the application was submitted to the
Secretary, the State has afforded a reasonable opportunity
for public comment on the application and has considered such
comment.
``(b) GEPA Provision.--Section 440 of the General Education
Provisions Act does not apply to programs under this Act.
``SEC. 9304. CONSOLIDATED LOCAL APPLICATIONS.
``(a) General Authority.--A local educational agency
receiving funds under more than one covered program may
submit applications to the State educational agency under
such programs on a consolidated basis.
``(b) Required Consolidated Applications.--A State
educational agency that has submitted and had approved a
consolidated State application under section 9302 may require
local educational agencies in the State receiving funds under
more than one program included in the consolidated State
application to submit consolidated local applications under
such programs.
``(c) Collaboration.--A State educational agency shall
collaborate with local educational agencies in the State in
establishing procedures for the submission of the
consolidated applications under this section.
``(d) The State educational agency shall require only
descriptions, information, assurances, and other material
that are absolutely necessary for the consideration of the
application of the local educational agency.
``SEC. 9305. OTHER GENERAL ASSURANCES.
``(a) Assurances.--Any applicant other than a State
educational agency that submits an application under this
Act, whether separately or pursuant to section 9304, shall
have on file with the State educational agency a single set
of assurances, applicable to each program for which an
application is submitted, that provides that--
``(1) each such program will be administered in accordance
with all applicable statutes, regulations, program plans, and
applications;
``(2)(A) the control of funds provided under each such
program and title to property acquired with program funds
will be in a public agency or in a nonprofit private agency,
institution, organization, or Indian tribe, if the statute
authorizing the program provides for assistance to such
entities; and
``(B) the public agency, nonprofit private agency,
institution, or organization, or Indian tribe will administer
such funds and property to the extent required by the
authorizing statutes;
``(3) the applicant will adopt and use proper methods of
administering each such program, including--
``(A) the enforcement of any obligations imposed by law on
agencies, institutions, organizations, and other recipients
responsible for carrying out each program; and
``(B) the correction of deficiencies in program operations
that are identified through audits, monitoring, or
evaluation;
``(4) the applicant will cooperate in carrying out any
evaluation of each such program conducted by or for the State
educational agency or the Secretary or other Federal
officials;
``(5) the applicant will use such fiscal control and fund
accounting procedures as will ensure proper disbursement of,
and accounting for, Federal funds paid to such applicant
under each such program;
``(6) the applicant will--
``(A) make reports to the State educational agency and the
Secretary as may be necessary to enable such agency and the
Secretary to perform their duties under each such program;
and
``(B) maintain such records, provide such information, and
afford access to the records as the State educational agency
or the Secretary may find necessary to carry out the State
educational agency's or the Secretary's duties; and
``(7) before the application was submitted, the applicant
afforded a reasonable oppor-
[[Page 555]]
tunity for public comment on the application and has
considered such comment.
``(b) GEPA Provision.--Section 442 of the General Education
Provisions Act does not apply to programs under this Act.
``PART D--WAIVERS
``SEC. 9401. WAIVERS OF STATUTORY AND REGULATORY
REQUIREMENTS.
``(a) General.--Except as provided in subsection (c), the
Secretary may waive any requirement of this Act or any
regulation under this Act for a State educational agency,
local educational agency, Indian tribe, or school, or that--
``(1) receives funds under a program authorized by this
Act; and
``(2) requests a waiver as prescribed in subsection (b).
``(b) Request for Waiver.--(1) A State educational agency,
local educational agency, or Indian tribe which desires a
waiver shall submit a request to the Secretary that--
``(A) identifies the Federal programs affected by such
requested waiver;
``(B) describes which Federal requirements are to be waived
and how the waiving of such requirements will--
``(i) increase the quality of instruction to students; or
``(ii) improve the academic performance of students;
``(C) if applicable, describes which similar State and
local requirements will be waived and how the waiving of such
requirements will assist the local educational agencies or
Indian tribes and schools to achieve the objectives described
in this paragraph;
``(D) describes specific, measurable educational
improvement goals and expected outcomes for all affected
students;
``(E) describes the methods to be used to measure progress
in meeting such goals and outcomes; and
``(F) describes how schools will continue to provide
assistance to the same populations served by programs for
which waivers are requested.
``(2) Such requests under this section--
``(A) may provide for waivers of requirements applicable to
State educational agencies, local educational agencies,
Indian tribes, and schools.
``(B) shall be developed and submitted--
``(i)(I) by local educational agencies (on behalf of such
agencies and schools) to State educational agencies; and
``(II) by State educational agencies (on behalf of, and
based upon the requests of, local educational agencies) to
the Secretary; or
``(ii) by Indian tribes (on behalf of schools operated by
such tribes) to the Secretary.
``(c) Notice Requirement.--(1) Prior to requesting a waiver
under subsection (b), a State educational agency, local
educational agency, or Indian tribe shall provide notice and
information to the public regarding the waiver or waivers to
be requested.
``(2) Such notice and information shall be provided in the
manner that such agencies or tribes customarily provide
similar notices and information to the public.
``(d) Restrictions.--Nothing in this section shall be
construed to authorize any changes in--
``(1) requirements relating to--
``(A) the allocation of funds;
``(B) maintenance of effort;
``(C) comparability of services;
``(D) use of Federal funds to supplement, not supplant non-
Federal funds;
``(E) equitable participation of private school students
and teachers; and
``(F) parental participation and involvement;
``(2) the elements of a charter school described in section
3407(1); or
``(3) the prohibitions regarding--
``(A) State aid in section 9502; or
``(B) use of funds for religious worship or instruction in
section 9507.
``(e) Duration and Extension of Waiver.--(1) The duration
of a waiver approved by the Secretary may be for a period not
to exceed 3 years.
``(2) The Secretary may extend such period if the Secretary
determines that the use of such waiver has increased the
quality of instruction or the academic performance of
students.
``(f) Termination of Waivers.--The Secretary shall
terminate a waiver under this section if--
``(1) the Secretary determines that the use of a waiver has
not increased the quality of instruction or improved the
academic performance of students; or
``(2) such waiver is no longer needed by the recipient to
achieve the objectives of such waiver.
``(g) Reports.--
``(1) A local educational agency that receives a waiver
under this section shall annually submit a report to the
State educational agency that--
``(A) describes the uses of such waiver by such agency or
by schools;
``(B) describes how schools continued to provide assistance
to the same populations served by the programs for which
waivers are requested; and
``(C) evaluates the progress of such agency and of schools
in improving the quality of instruction or the academic
performance of students.
``(2) A State educational agency that receives reports
required by paragraph (1) shall annually submit a report to
the Secretary that summarizes such reports.
``(3) An Indian tribe that receives a waiver under this
section shall annually submit a report to the Secretary
that--
``(A) describes the uses of such waiver by schools operated
by such tribe; and
``(B) evaluates the progress of such schools in improving
the quality of instruction or the academic performance of
students.
``(4) The Secretary annually shall submit to the Committee
on Education and Labor of the House of Representatives and
the Committee on Labor and Human Resources of the Senate a
report--
``(A) summarizing the uses of waivers by State educational
agencies, local educational agencies, Indian tribes, and
schools; and
``(B) describing whether such waivers--
``(i) increased the quality of instruction to students; or
``(ii) improved the academic performance of students.
``PART E--UNIFORM PROVISIONS
``SEC. 9501. MAINTENANCE OF EFFORT.
``(a) General.--A local educational agency may receive
funds under a covered program for any fiscal year only if the
State educational agency finds that either the combined
fiscal effort per student or the aggregate expenditures of
that agency and the State with respect to the provision of
free public education by that agency for the preceding fiscal
year was not less than 90 percent of such combined fiscal
effort or aggregate expenditures for the second preceding
fiscal year.
``(b) Reduction in Case of Failure To Meet.--(1) The State
educational agency shall reduce the amount of the allocation
of funds under a covered program in any fiscal year in the
exact proportion to which a local educational agency fails to
meet the requirement of subsection (a) by falling below 90
percent of both the combined fiscal effort per student and
aggregate expenditures (using the measure most favorable to
such local agency).
``(2) No such lesser amount shall be used for computing the
effort required under subsection (a) for subsequent years.
``(c) Waiver.--The Secretary may waive the requirements of
this section if the Secretary determines that such a waiver
would be equitable due to--
``(1) exceptional or uncontrollable circumstances such as a
natural disaster; or
``(2) a precipitous decline in the financial resources of
the local educational agency.
``SEC. 9502. PROHIBITION REGARDING STATE AID.
``No State may take into consideration payments under this
Act (other than under title VIII) in determining the
eligibility of any local educational agency in that State for
State aid, or the amount of State aid, with respect to free
public education of children.
``SEC. 9503. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND
TEACHERS.
``(a) General Requirement.--(1) Except as otherwise
provided in this Act, to the extent consistent with the
number of eligible children in a State educational agency,
local educational agency, or intermediate educational agency
or consortium receiving financial assistance under a program
specified in subsection (b), who are enrolled in private
elementary and secondary schools in such agency or
consortium, such agency or consortium shall, after timely and
meaningful consultation with appropriate private school
officials, provide such children and their teachers or other
educational personnel, on an equitable basis, special
educational services or other benefits under such program.
``(2) Educational services or other benefits, including
materials and equipment, provided under this section, must be
secular, neutral, and nonideological.
``(3) Educational services and other benefits provided
under this section for such private school children,
teachers, and other educational personnel shall be equitable
in comparison to services and other benefits for public
school children, teachers, and other educational personnel
participating in such program.
``(4) Expenditures for educational services and other
benefits provided under this section to eligible private
school children, their teachers, and other educational
personnel serving them shall be equal, taking into account
the number and educational needs of the children to be
served, to the expenditures for participating public school
children.
``(5) Such agency or consortium may provide such services
directly or through contracts with public and private
agencies, organizations, and institutions.
``(b) Applicability.--(1) This section applies to--
``(A) each covered program;
``(B) subpart 1 of part B and part C of title II; and
``(C) programs under title VII of this Act.
``(2) For the purposes of this section, the term `eligible
children' mean children eligible for services under a program
described in paragraph (1).
``(c) Public Control of Funds.--(1) The control of funds
used to provide services under this section, and title to
materials, equipment, and property purchased with these
funds, shall be in a public agency for the uses and purposes
provided in this Act, and a public agency shall administer
such funds and property.
``(2)(A) The provision of services under this section shall
be provided--
``(i) by employees of a public agency; or
``(ii) through contract by such public agency with an
individual, association, agency, or organization.
``(B) In the provision of such services, such employee,
person, association, agency, or organization shall be
independent of such pri-
[[Page 556]]
vate school and of any religious organization, and such
employment or contract shall be under the control and
supervision of such public agency.
``(C) Funds used to provide services under this section
shall not be commingled with non-Federal funds.
``SEC. 9504. STANDARDS FOR BY-PASS.
``If, by reason of any provision of law, a State, local, or
intermediate educational agency or consortium is prohibited
from providing for the participation in programs of children
enrolled in, or teachers or other educational personnel from,
private elementary and secondary schools, on an equitable
basis, or if the Secretary determines that such agency or
consortium has substantially failed or is unwilling to
provide for such participation, as required by section 9503,
the Secretary shall--
``(1) waive the requirements of that section for such
agency or consortium; and
``(2) arrange for the provision of equitable services to
such children, teachers, or other educational personnel
through arrangements that shall be subject to the
requirements of this section and of sections 9503, 9505, and
9506.
``SEC. 9505. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE
SCHOOL CHILDREN.
``(a) Procedures for Complaints.--The Secretary shall
develop and implement written procedures for receiving,
investigating, and resolving complaints from parents,
teachers, or other individuals and organizations concerning
violations by an agency or consortium of section 9503 of this
Act. Such individual or organization shall submit such
complaint to the State educational agency for a written
resolution by such agency within a reasonable period of time.
``(b) Appeals to the Secretary.--Such resolution may be
appealed by an interested party to the Secretary within 30
days after the State educational agency resolves the
complaint or fails to resolve the complaint within a
reasonable period of time. Such appeal shall be accompanied
by a copy of the State educational agency's resolution, and a
complete statement of the reasons supporting the appeal. The
Secretary shall investigate and resolve each such appeal
within 120 days after receipt of the appeal.
``SEC. 9506. BY-PASS DETERMINATION PROCESS.
``(a) Review.--(1)(A) The Secretary shall not take any
final action under section 9504 until the agency or
consortium affected by such action has had an opportunity,
for at least 45 days after receiving written notice thereof,
to submit written objections and to appear before the
Secretary to show cause why that action should not be taken.
``(B) Pending final resolution of any investigation or
complaint that could result in a determination under this
section, the Secretary may withhold from the allocation of
the affected State or local educational agency the amount
estimated by the Secretary to be necessary to pay the cost of
those services.
``(2)(A) If such affected agency or consortium is
dissatisfied with the Secretary's final action after a
proceeding under paragraph (1), it may, within 60 days after
notice of such action, file with the United States court of
appeals for the circuit in which such State is located a
petition for review of that action.
``(B) A copy of the petition shall be forthwith transmitted
by the clerk of the court to the Secretary.
``(C) The Secretary thereupon shall file in the court the
record of the proceedings on which the Secretary based this
action, as provided in section 2112 of title 28, United
States Code.
``(3)(A) The findings of fact by the Secretary, if
supported by substantial evidence, shall be conclusive, but
the court, for good cause shown, may remand the case to the
Secretary to take further evidence and the Secretary may
thereupon make new or modified findings of fact and may
modify the Secretary's previous action, and shall file in the
court the record of the further proceedings.
``(B) Such new or modified findings of fact shall likewise
be conclusive if supported by substantial evidence.
``(4)(A) Upon the filing of such petition, the court shall
have jurisdiction to affirm the action of the Secretary or to
set it aside, in whole or in part.
``(B) The judgment of the court shall be subject to review
by the Supreme Court of the United States upon certiorari or
certification as provided in section 1254 of title 28, United
States Code.
``(b) Determination.--Any determination by the Secretary
under this section shall continue in effect until the
Secretary determines, in consultation with such agency or
consortium and representatives of the affected private school
children, teachers, or other educational personnel that there
will no longer be any failure or inability on the part of
such agency or consortium to meet the applicable requirements
of section 9503 or any other provision of this Act.
``(c) Payment From State Allotment.--When the Secretary
arranges for services pursuant to this section, the Secretary
shall, after consultation with the appropriate public and
private school officials, pay the cost of such services,
including the administrative costs of arranging for those
services, from the appropriate allocation or allocations
under this Act.
``(d) Prior Determination.--Any by-pass determination by
the Secretary under this Act as in effect on the day before
enactment of the Improving America's Schools Act of 1994
shall remain in effect to the extent the Secretary determines
that it is consistent with the purpose of this section.
``SEC. 9507. PROHIBITION AGAINST FUNDS FOR RELIGIOUS WORSHIP
OR INSTRUCTION.
``Nothing contained in this Act shall be construed to
authorize the making of any payment under this Act for
religious worship or instruction.
``SEC. 9508. APPLICABILITY TO HOME SCHOOLS.
``Nothing in this Act shall be construed to affect home
schools.
``SEC. 9509. GENERAL PROVISION REGARDING NONRECIPIENT
NONPUBLIC SCHOOLS.
``Nothing in this Act shall be construed to permit, allow,
encourage, or authorize any Federal control over any aspect
of any private, religious, or home school, whether or not a
home school is treated as a private school or home school
under state law. This section shall not be construed to bar
private, religious, or home schools from participation in
programs or services under the Act.
``SEC. 9510. COMPLIANCE WITH BUY AMERICAN ACT.
``No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c,
popularly known as the `Buy American Act').
``SEC. 9511. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.
``(a) Purchase of American-Made Equipment and Products.--In
the case of any equipment of products that may be authorized
to be purchased with financial assistance provided under this
Act, it is the sense of the Congress that entities receiving
such assistance should, in expending the assistance, purchase
only American-made equipment and products.
``(b) Notice to Recipients of Assistance.--In providing
financial assistance under this Act, the head of each Federal
agency shall provide to each recipient of the assistance a
notice describing the statement made in subsection (a) by the
Congress.
``SEC. 9512. PROHIBITION OF CONTRACTS.
``If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing
a `Made in America' inscription, or any inscription with the
same meaning, to any product sold in or shipped to the United
States that is not made in the United States, such person
shall be ineligible to receive any contract or subcontract
made with funds provided pursuant to this Act, pursuant to
the debarment, suspension, and ineligibility procedures
described in section 9.400 through 9.409 of title 48, Code of
Federal Regulations.
``SEC. 9513. PROHIBITION AGAINST FUNDS FOR PROTECTED PRAYER.
``Notwithstanding any provision of law, no funds made
available through the Department of Education under this Act,
or any other Act, shall be available to any State or local
educational agency which has a policy of denying or which
effectively prevents participation in, constitutionally
protected prayer in public schools by individuals on a
voluntary basis. Neither the United States nor any State nor
any local educational agency shall require any person to
participate in prayer or influence the form or content of any
constitutionally protected prayer in such public schools.
``SEC. 9514. SEX EDUCATION.
``(a) Sex Education Instruction.--All public elementary and
secondary schools receiving assistance under this Act which
use such funds to teach sex education or discuss sexual
intercourse, sexually transmitted diseases (STDs), including
acquired immune deficiency syndrome (AIDS), shall
continuously stress throughout the sex education program and
sexual intercourse discussion that abstinence from sexual
intercourse is the only protection that is 100 percent
effective against unwanted teenage pregnancy, STDs, and AIDS
when transmitted sexually. All material and instruction which
use such funds to teach sex education and discuss sexual
intercourse shall be age appropriate.
``(b) Criteria.--All sex education courses that discuss
sexual intercourse may use the following criteria:
``(1) Course material and instruction shall be age
appropriate.
``(2) Course material and instruction shall stress that
abstinence is the only contraceptive method which is 100
percent effective, and that all other methods of
contraception carry a risk of failure in preventing unwanted
teenage pregnancy. Statistics based on the latest medical
information shall be provided to pupils citing the laboratory
and real-life failure and success rates of condoms and other
contraceptives in preventing pregnancy.
``(3) Course material and instruction shall stress that
STDs are serious possible hazards of sexual intercourse.
Pupils shall be provided with statistics based on the latest
medical information citing the laboratory and real-life
failure and success rates of condoms in preventing AIDS and
other STDs among elementary and secondary pupils.
``(4) Course material and instruction shall include a
discussion of the possible emotional and psychological
consequences of preadolescent and adolescent sexual
intercourse outside of marriage and the consequences of
unwanted adolescent pregnancy.
``(5) Course material and instruction shall stress that
pupils should abstain from sexual intercourse until they are
ready for marriage.
[[Page 557]]
``(6) Course material and instruction shall teach honor and
respect for monogamous heterosexual marriage.
``(7) Course material and instruction shall advise pupils
of the laws pertaining to their financial responsibility to
children born in and out of wedlock.
``(8) Course material and instruction shall advise pupils
that it is unlawful for males of any age to have sexual
relations with females under a certain age to whom they are
not married.
``(9) Course material and instruction shall emphasize that
the pupil has the power to control personal behavior. Pupils
shall be encouraged to base their actions on reasoning, self-
discipline, sense of responsibility, self-control, and
ethical considerations, such as respect for one's self and
others.
``(10) Course material and instruction shall teach pupils
to refrain from making unwanted physical and verbal sexual
advances and how to say `no' to unwanted sexual advances.
Pupils shall be taught that it is wrong to take advantage of,
or to exploit, another person. The material and instruction
shall also encourage youth to resist negative peer pressure.
``(c) No Federal Control of Curriculum.--Nothing in this
section shall be construed--
``(1) to authorize an officer or employee of the Federal
Government to mandate, direct, or control a State, local
educational agency, or schools' instructional content
curriculum, or related activities;
``(2) to limit the application of the General Education
Provisions Act;
``(3) to require the distribution of scientifically or
medically false or inaccurate materials or to prohibit the
distribution of scientifically or medically true or accurate
materials; or
``(4) to create any legally enforceable right.
``(d) Rule of Construction.--In carrying out the provisions
of this section, the Secretary shall not--
``(1) review any curricula or instructional materials;
``(2) promulgate regulations; or
``(3) take any administrative or legal action against a
State or local educational agency or school.
``SEC. 9515. PROHIBITION AGAINST FUNDS FOR HOMOSEXUAL
SUPPORT.
``(a) Prohibition.--No local educational agency shall use
funds made available under this Act to implement or carry out
a program or activity that has either the purpose or effect
of encouraging or supporting homosexuality as a positive
lifestyle alternative. No local educational agency shall use
funds under this Act to distribute or to aid in the
distribution by any organization of obscene material to
minors on school grounds.
``(b) Definition.--A program or activity, for purposes of
this section, includes the distribution of instructional
materials, instruction, counseling, or other services on
school grounds, or referral of a pupil to an organization
that affirms a homosexual lifestyle.
``(c) No Federal Control of Curriculum.--Nothing in this
section shall be construed--
``(1) to authorize an officer or employee of the Federal
Government to mandate, direct, or control a State, local
educational agency, or schools' instructional content,
curriculum, and related activities;
``(2) to limit the application of the General Education
Provisions Act;
``(3) to require the distribution of scientifically or
medically false or inaccurate materials or to prohibit the
distribution of scientifically or medically true or accurate
materials; or
``(4) to create any legally enforceable right.
``(d) Rule of Construction.--In carrying out the provisions
of this section, the Secretary shall not--
``(1) review any curricula or instructional materials;
``(2) promulgate regulations; or
``(3) take any administrative or legal action against a
State or local educational agency or school.
``SEC. 9516. NONSMOKING POLICY.
``(a) General Rule.--Each person who receives Federal funds
under this Act and provides services to elementary or
secondary school students pursuant to this Act shall, in
providing such services, establish and make a good-faith
effort to enforce a nonsmoking policy that, except as
provided in subsection (b)--
``(1) prohibits smoking in each indoor portion of a
facility used in connection with the provision of such
services; and
``(2) where appropriate, requires that signs be posted to
communicate the nonsmoking policy.
``(b) Permissible Features.--(1) The nonsmoking policy
described in subsection (a) may permit smoking in specially
designated areas of a facility if--
``(A) services are not normally provided directly to
children in the designated areas; and
``(B) the designated areas are ventilated separately from
areas of the facility in which such services are normally
provided directly to children to ensure that air from the
designated areas is directly exhausted to the outside and
does not recirculate or drift to other areas within the
facility.
``(2) Nothing in this subsection shall be construed to
require the establishment of a designated smoking area.
``(c) Civil Penalties.--
``(1) Any person subject to the requirements of this
section who fails to comply with such requirements shall be
liable to the United States for a civil penalty in an amount
not to exceed $1,000 for each violation, but in no case shall
the amount be in excess of the amount of the Federal funds
received by the person for the provision of elementary and
secondary educational services for the fiscal year in which
the violation occurred. Each day a violation continues shall
constitute a separate violation.
``(2) A civil penalty for a violation of this section shall
be assessed by the Secretary to the person by an order made
on the record after opportunity for a hearing in accordance
with section 554 of title 5, United States Code. Before
issuing the order, the Secretary shall--
``(A) give written notice to the person to be assessed a
civil penalty under the order of the proposal to issue the
order; and
``(B) provide the person an opportunity to request, not
later than 15 days after the date of receipt of the notice, a
hearing on the order.
``(3) In determining the amount of a civil penalty under
this subsection, the Secretary shall take into account the
nature, circumstances, extent, and gravity of the violation,
the ability of the violator to pay, any prior history of the
same kind of violation, the degree of culpability of the
violator, a demonstration by the violator of willingness to
comply with the requirements of this section, and such other
matters as justice may require.
``(4) The Secretary may compromise, modify, or remit, with
or without conditions, any civil penalty that may be imposed
under this subsection. The amount of the penalty as finally
determined or agreed upon in compromise may be deducted from
any sums that the United States owes to the person against
whom the penalty is assessed.
``(5) A person who has requested a hearing concerning the
assessment of a penalty pursuant to paragraph (2) and is
aggrieved by an order assessing a civil penalty may file a
petition for judicial review of the order with the United
States Court of Appeals for the District of Columbia Circuit
or for any other circuit in which the person resides or
transacts business. The petition may only be filed during the
30-day period beginning on the date of issuance of the order
making the assessment.
``(6) If a person fails to pay an assessment of a civil
penalty--
``(A) after the order making the assessment has become a
final order and without filing a petition for judicial review
in accordance with paragraph (5); or
``(B) after a court has entered a final judgment in favor
of the Secretary,
the Attorney General shall recover the amount assessed (plus
interest at currently prevailing rates from the last day of
the 30-day period referred to in paragraph (5) or the date of
the final judgment, as the case may be) in an action brought
in an appropriate district court of the United States. In the
action, the validity, amount, and appropriateness of the
penalty shall not be subject to review.
``(d) Effective Date.--
``(1) In general.-- This section shall take effect on the
date which is 180 days after the date of enactment of the
Improving America's Schools Act of 1994, except as provided
in paragraph (2).
``(2) Collective bargaining agreements.--
``(A) In the case of a person described in subsection (a)
who employs individuals who are members of a labor
organization and provide elementary or secondary educational
services pursuant to a collective bargaining agreement that--
``(i) took effect before the date of enactment of the
Improving America's Schools Act of 1994, and
``(ii) includes provisions relating to smoking privileges
that are in violation of this section;
this section shall take effect on the date that is 180 days
after the date of enactment of the Improving America's
Schools Act of 1994 or the date specified in subparagraph
(B), whichever is later.
``(B) The date specified in this subparagraph is the
earlier of--
``(i) the first expiration date (after the date of
enactment of the Improving America's Schools Act of 1994) of
the collective bargaining agreement containing the provisions
relating to smoking privileges, or
``(ii) the date that is 1 year after the date of enactment
of the Improving America's Schools Act of 1994.
``(e) Preemption.--Nothing in this section shall preempt or
otherwise affect any provision of law of a State or political
subdivision of a State that is as restrictive or more
restrictive than a provision of this section.
``PART F--GUN POSSESSION
``SEC. 9601. POLICY FOR GUN POSSESSION.
``(a) In General.--Each local educational agency which
receives assistance under this Act shall have a policy that
addresses student possession and use of a gun on school
property.
``(b) Policy Content.--The content of such policy may
include--
``(1) punishment requirements for possession and use of a
gun on school property, including expulsion and suspension;
``(2) alternative placement for an individual who violates
the policy;
``(3) educational services for a student expelled from
school for violation of the policy; and
``(4) opportunities for a hearing to address expulsion or
suspension decisions for violation of the policy.
[[Page 558]]
``SEC. 9602. ETHICAL PRINCIPLES.
``It is the sense of Congress that States, local
educational agencies, and schools should encourage and
support parents and families in teaching children certain
ethical principles. Such principles may include
trustworthiness, respect, responsibility, fairness, caring
and citizenship.
``PART G-CUSTODIAL SERVICES.
``SEC. 9701. COMPENSATION OF CUSTODIANS.
``Notwithstanding any other provisions of law, a local
educational agency which contains five counties in their
entirety and has a student population which exceeds 900,000
may not use any assistance under this Act to provide
compensation or other financial benefits to personnel who
provide janitorial or custodial services to and within
schools.
``PART H--SENSE OF THE CONGRESS TO INCREASE THE TOTAL SHARE OF FEDERAL
SPENDING ON EDUCATION
``(a) The Congress finds that--
``(1) in order to increase our Nation's standard of living
and to increase the number of good jobs, the United States
must increase its productivity and ability to compete in the
international marketplace by improving the educational level
of our workforce;
``(2) although efforts are being made to establish higher
educational standards and goals, there is a substantial
shortage of resources to meet such standards and goals;
``(3) States and local communities are finding it
increasingly difficult to meet even higher educational
standards and goals, and States will not be able to fund
needed changes without Federal help to reach such standards
and goals;
``(4) the Federal Government has established many
educational programs but failed to provide adequate funding
for such programs, for example one such program provides
education to our Nation's disabled students and was
established with a promise of 40 percent Federal funding but
currently receives only 8 percent Federal funding;
``(5) the annual shortfall in Federal education programs is
approximately half of the promised funding;
``(6) many needed educational improvements will not need
Federal funds, however, other suggested changes such as
lengthened school years, better pay, after-school activities,
mentoring for students at risk, programs for gifted students,
and replacing substandard buildings will require substantial
Federal assistance; and
``(7) the Federal contribution to education is less than 2
percent of the total Federal budget, and in order to make
education a national priority, the total percentage of
Federal educational funding should be increased by 1 percent
each year over the next 8 years to reach 10 percent of the
total Federal budget.
``(b) It is the sense of the Congress that the total share
of the Federal spending on education should increase by at
least 1 percent each year until such share reaches 10 percent
of the total Federal budget.
``TITLE X--COORDINATED SERVICES PROJECTS
``SEC. 10001. FINDINGS AND PURPOSE.
``(a) Findings.--The Congress makes the following findings:
``(1) Growing numbers of children are negatively affected
by influences outside of the classroom which increase their
risk of academic failure.
``(2) Factors such as poor nutrition, unsafe living
conditions, physical and sexual abuse, family and gang
violence, inadequate health care, unemployment, lack of child
care and substance abuse adversely affect family
relationships and the ability of a child to learn.
``(3) Parents and other caregivers in today's high pressure
society often face demands which place restraints on their
time and affect their ability to adequately provide for the
needs of their families.
``(4) Access to health and social service programs can
address the basic physical and emotional needs of children so
that they can fully participate in the learning experiences
offered them in school.
``(5) Services for at-risk students need to be more
convenient, less fragmented, regulated and duplicative in
order to meet the needs of children and their families.
``(6) School personnel, parents, and support service
providers often lack knowledge of, and access to, available
services for at-risk students and their families in the
community, and have few resources to coordinate services and
make them accessible.
``(7) Service providers, such as teachers, social workers,
health care and child care providers, juvenile justice
workers and others, are often trained in separate disciplines
that provide little support for the coordination of services.
``(8) Coordination of services is more cost effective
because it substitutes prevention for expensive crisis
intervention.
``(9) Coordinating health and social services with
education can help the Nation meet the National Education
Goals by ensuring better outcomes for children.
``(b) Purpose of Coordinating Services.--The purpose of
this section is to provide elementary and secondary school
students and their families better access to the social,
health and education services necessary for students to
succeed in school and for their families to take an active
role in ensuring that children receive the best possible
education.
``SEC. 10002. DEFINITIONS.
``(a) The term `coordinated services project' refers to a
comprehensive approach to meeting the educational, health,
social service, and other needs of children and their
families, including foster children and their foster
families, through a communitywide partnership that links
public and private agencies providing such services or access
to such services through a coordination site at or near a
school.
``(b) An `eligible entity' is a local educational agency,
individual school, or consortium of schools.
``SEC. 10003. PROJECT DEVELOPMENT AND IMPLEMENTATION.
``(a) Project Plans.--Eligible entities exercising their
authority under section 9206(b) shall submit to the Secretary
an application for the development of a plan or a plan for
the implementation of a coordinated services project.
``(b) Project Development.--The application for the
development of the coordinated services project, which can
last for up to one year, shall--
``(1) demonstrate that an assessment will be performed of
the economic, social, and health barriers to educational
achievement experienced by children and families, including
foster children and their foster families, in the community,
and the local, State, federal, and privately funded services
available to meet such needs;
``(2) identify the measures that will be taken to establish
a communitywide partnership that links public and private
agencies providing services to children and families; and
``(3) identify any other measures that will be taken to
develop a comprehensive plan for the implementation of a
coordinated services project or projects.
``(c) Project Implementation.--Eligible entities shall
submit to the Secretary a plan for the implementation or
expansion of a coordinated services project. Such plan shall
include--
``(1) the results of a children and families needs
assessment, which will include an assessment of the needs of
foster children;
``(2) the membership of the coordinated services project
partnership;
``(3) a description of the proposed coordinated services
project, its objectives, where it will be located, and the
staff that will be used to carry out the purposes of the
project;
``(4) a description of how the success of the coordinated
services project will be evaluated;
``(5) a description of the training to be provided to
teachers and appropriate personnel;
``(6) information regarding whether or not a sliding scale
fee for services will be employed, and if not, an explanation
of why such scale is not feasible; and
``(7) when applicable, strategies to ensure that the health
and welfare needs from migratory families are addressed.
``SEC. 10004. USES OF FUNDS.
``(a) Funds utilized under the authority of section 9206(b)
may be used for activities under this title which include--
``(1) hiring a services coordinator;
``(2) making minor renovations to existing buildings;
``(3) purchasing basic operating equipment;
``(4) improving communications and information-sharing
between members of the coordinated services project
partnership;
``(5) providing training to teachers and appropriate
personnel concerning their role in a coordinated services
project; and
``(6) conducting the needs assessment required in section
10003(b)(1);
but shall not include the direct provision of any health or
health-related services.
``(b) Projects operating under the authority of this title
shall comply with the requirements of section 1121(b).
``SEC. 10005. CONTINUING AUTHORITY.
``The Secretary shall not approve the plan of any project
which fails to demonstrate that it is achieving effective
coordination after 2 years of implementation.
``SEC. 10006. FEDERAL AGENCY COORDINATION.
``(a) Agency Coordination.--The Secretaries of Education,
Health and Human Services, Labor, Housing and Urban
Development, Treasury, and Agriculture, and the Attorney
General shall review the programs administered by their
agencies to identify barriers to service coordination.
``(b) Report to Congress.--Such Secretaries and the
Attorney General shall submit jointly a report to the
Congress not later than 2 years after the date of the
enactment of the Improving America's Schools Act, based on
the review required under paragraph (a) recommending
legislative and regulatory action to address such barriers,
and during this time, shall use waiver authorities authorized
under this and other Acts.
``TITLE XI--SCHOOL FACILITIES IMPROVEMENT ACT
``SEC. 11001. FINDINGS.
``The Congress finds the following:
``(1) According to a 1991 survey conducted by the American
Association of School Administrators, 74 percent of all
public school buildings in the United States need to be
replaced.
``(2) Almost one-third of such buildings were built prior
to World War II.
``(3) It is estimated that 1 of every 4 public school
buildings in the United States is in inadequate condition,
and of such buildings, 61 percent need maintenance or major
repairs, 43 percent are obsolete, 42 percent contain
environmental hazards, 25 percent are overcrowded, and 13
percent are structurally unsound.
``(4) Large numbers of local educational agencies have
difficulties securing financing for school facility
improvement.
[[Page 559]]
``SEC. 11002. PURPOSE.
``The purpose of this Act is the leverage limited Federal
funds to enable local educational agencies to finance the
costs associated with the improvement of school facilities
within their jurisdiction.
``SEC. 11003. FEDERAL ASSISTANCE IN THE FORM OF LOANS.
``(a) Authority and Conditions for Loans.--To assist local
educational agencies in the construction, reconstruction, or
renovation of schools, the Secretary may make loans of funds
to such agencies for the construction, reconstruction, or
renovation of such schools. Such assistance shall only be
provided--
``(1) to local educational agencies eligible for grants
under section 1124A of part A of title I, schools located on
Indian reservations, or local educational agencies eligible
for payments under section 8004; and
``(2) if the Secretary finds that such constructions will
be undertaken in an economical manner, and that any such
construction, reconstruction or renovation is not or will not
be of elaborate or extravagant design or materials.
``(b) Priorities.--In approving loans under this title, the
Secretary shall consider--
``(1) the difficulty of the applicant in securing
affordable financing from other sources;
``(2) the threat the condition of the physical plant poses
to the safety and well-being of students;
``(3) the demonstrated need for the construction,
reconstruction, or renovation as based on the condition of
the facility; and
``(4) the age of the facility to be renovated or replaced.
``(c) Amount and Conditions of Loans.--A loan to a local
educational agency--
``(1) may be in an amount not exceeding the total
development cost of the facility, as determined by the
Secretary;
``(2) shall be secured in such manner and be repaid within
such period, not exceeding 50 years, as may be determined by
the Secretary; and
``(3) shall bear interest at a rate determined by the
Secretary which shall be the rate of interest paid by the
Secretary on funds obtained from the Secretary of the
Treasury minus 1 and one quarter per cent each year.
``SEC. 11004. GENERAL PROVISIONS.
``(a) Budget and Accounting.--In the performance of, and
with respect to, the functions, powers, and duties under this
part, the Secretary, notwithstanding the provisions of any
other law, shall--
``(1) prepare annually and submit a budget program as
provided for wholly owned Government corporations by chapter
91 of title 31, United States Code; and
``(2) maintain a set of accounts which shall be audited by
the Comptroller General in accordance with the provisions of
chapter 35 of title 31, United States Code, but such
financial transactions of the Secretary, as the making of
loans and vouchers approved by the Secretary, in connection
with such financial transactions shall be final and
conclusive upon all officers of the Government.
``(b) Use of Funds.--Funds made available to the Secretary
pursuant to the provisions of this part shall be deposited in
a checking account or accounts with the Treasurer of the
United States. Receipts and assets obtained or held by the
Secretary in connection with the performance of functions
under this part, and all funds available for carrying out the
functions of the Secretary under this part (including
appropriations therefor, which are hereby authorized), shall
be available, in such amounts as may from year to year be
authorized by the Congress, for the administrative expenses
of the Secretary in connection with the performance of such
functions.
``(c) Legal Powers.--In the performance of, and with
respect to, the functions, powers, and duties under this
part, the Secretary, notwithstanding the provisions of any
other law, may--
``(1) prescribe such rules and regulations as may be
necessary to carry out the purposes of this part;
``(2) sue and be sued;
``(3) foreclose on any property or commence any action to
protect or enforce any right conferred upon the Secretary by
any law, contract, or other agreement, and bid for and
purchase at any foreclosure or any other sale any property in
connection with which the Secretary has made a loan pursuant
to this part;
``(4) in the event of any such acquisition, notwithstanding
any other provision of law relating to the acquisition,
handling, or disposal of real property by the United States,
complete, administer, remodel and convert, dispose of, lease,
and otherwise deal with, such property, but any such
acquisition of real property shall not deprive any State or
political subdivision thereof of its civil or criminal
jurisdiction in and over such property or impair the civil
rights under the State or local laws of the inhabitants on
such property;
``(5) sell or exchange at public or private sale, or lease,
real or personal property, and sell or exchange any
securities or obligations, upon such terms as the Secretary
may fix;
``(6) obtain insurance against loss in connection with
property and other assets held; and
``(7) include in any contract or instrument made pursuant
to this part such other covenants, conditions, or provisions
as may be necessary to assure that the purposes of this part
will be achieved.
``(d) Contracts for Supplies or Services.--Section 3709 of
the Revised Statutes shall not apply to any contract for
services or supplies on account of any property acquired
pursuant to this part if the amount of such contract does not
exceed $1,000.
``(e) Applicability of Government Corporation Control
Act.--The provisions of section 9107(a) of title 31, United
States Code, which are applicable to corporations or agencies
subject to chapter 91 of such title, shall also be applicable
to the activities of the Secretary under this part.
``(f) Wage Rates.--The Secretary shall take such action as
may be necessary to ensure that all laborers and mechanics
employed by contractors or subcontractors on any project
assisted under this part--
``(1) shall be paid wages at rates not less than those
prevailing on the same type of work on similar construction
in the immediate locality as determined by the Secretary of
Labor in accordance with the Act of March 3, 1931 (Davis-
Bacon Act), as amended; and
``(2) shall be employed not more than 40 hours in any one
week unless the employee receives wages for the employee's
employment in excess of the hours specified above at a rate
not less than one and one-half times the regular rate at
which the employee is employed,
but the Secretary may waive the application of this
subsection in cases or classes of cases where laborers or
mechanics, not otherwise employed at any time in the
construction of such project, voluntarily donate their
services without full compensation for the purpose of
lowering the costs of construction and the Secretary
determines that any amounts saved thereby are fully credited
to the educational institution undertaking the construction.
``(g) Limitations.--(1) No loan shall be made under this
part to any local educational agency until 5 years after the
date on which a previous loan to that agency was made under
this part, unless the loan is intended to be used to
construct or reconstruct a facility damaged as a result of a
national disaster, as declared by the President.
``(2) Not more than 12.5 percent of the amount of the funds
provided for in this part in the form of loans annually shall
be made available to educational institutions within any one
State.
``SEC. 11005. DEFINITIONS.
``The term `school' is defined as structures suitable for
use as classrooms, laboratories, libraries, and related
facilities, the primary purpose of which is the instruction
of elementary and secondary school students.
``SEC. 11006. AUTHORIZATION.
``There are authorized to be appropriated to carry out this
title, $200,000,000 for fiscal year 1995 and such sums as may
be necessary for each of the 4 succeeding fiscal years.
``TITLE XII--URBAN AND RURAL EDUCATION ASSISTANCE
``PART A--URBAN EDUCATION DEMONSTRATION GRANTS
``SEC. 12000. AUTHORIZATION OF APPROPRIATIONS.
``(a) Demonstration Grants.--(1) There is authorized to be
appropriated $200,000,000 for fiscal year 1995, and such sums
as may be necessary for each of the fiscal years 1996 through
1999 to carry out the provisions of sections 12003 and 12103.
``(2) 50 percent of the amount appropriated under paragraph
(1) shall be reserved and made available only for the
purposes of section 12103. If the amount reserved for any
fiscal year for section 12103 is less than $50,000,000, the
Secretary shall grant awards on a competitive basis to local
educational agencies serving rural areas, making such that
there is an equitable geographic distribution of such awards.
If the amount reserved for any fiscal year for section 12103
exceeds $50,000,000, the Secretary shall grant awards in such
a manner that a local educational agency serving rural areas
in each State receives such an award.
``(3) 50 percent of the amount appropriated under paragraph
(1) shall be reserved and made available only for the
purposes of section 12003.
``(b) Higher Education and Research Grants.--(1) There are
authorized to be appropriated $50,000,000 for fiscal year
1995, and such sums as may be necessary for each of the
fiscal years 1996 through 1999 to carry out the provisions of
sections 12004 and 12104.
``(2) 50 percent of the amount appropriated under paragraph
(1) shall be reserved and made available only for the
purposes of section 12004.
``(3) 50 percent of the amount appropriated under paragraph
(1) shall be reserved and made available only for the
purposes of section 12104.
``(c) Commissions.--There are authorized to be appropriated
for fiscal years 1995, 1996, and 1997 such sums as may be
necessary to carry out the provisions of sections 12006 and
12105. Amounts appropriated pursuant to this authority shall
remain available until expended.
``(d) Evaluation.--There are authorized to be appropriated
for each of the fiscal years 1995 through 1999 such sums as
may be necessary to carry out the provisions of section
12005.
``SEC. 12001. FINDINGS.
``The Congress finds that--
``(1) the ability of the Nation's major urban school
systems to meet the Nation's educational goals will determine
the country's economic competitiveness and academic standing
in the world community;
``(2) the quality of public education in the Nation's major
urban areas has a direct ef-
[[Page 560]]
fect on the economic development of the Nation's inner
cities;
``(3) the success of urban schools in boosting the
achievement of its minority youth attending such schools will
determine the ability of the Nation to close the gap between
the `haves and have-nots' in society;
``(4) the cost to America's businesses to provide remedial
education to high school graduates is approximately
$21,000,000,000 per year;
``(5) approximately \1/3\ of the Nation's work force will
be minority by the year 2000;
``(6) urban schools enroll a disproportionately large share
of the Nation's poor and `at-risk' youth;
``(7) urban schools enroll approximately \1/3\ of Nation's
poor, 40 percent of the Nation's African American children,
and 30 percent of the Nation's Hispanic youth;
``(8) nearly 20 percent of the Nation's limited English
proficient children and 15 percent of the Nation's disabled
youth are enrolled in urban schools;
``(9) the academic performance of students in the average
inner-city public school system is below that of students in
most other kinds of school systems;
``(10) urban schools systems have higher dropout rates,
more problems with health care and less parental
participation than other kinds of school systems;
``(11) urban preschoolers have one-half the access to early
childhood development programs as do other children;
``(12) shortages of teachers in urban school systems are
2.5 times greater than such shortages in other kinds of
school systems;
``(13) declining numbers of urban minority high school
graduates are pursuing postsecondary educational
opportunities;
``(14) urban schools systems have greater problems with
teen pregnancy, discipline, drug abuse and gangs than do
other kinds of school systems;
``(15) 75 percent of urban school buildings are over 25
years old, 33 percent of such buildings are over 50 years
old, and such buildings are often in serious disrepair and
create poor and demoralizing working and learning conditions;
``(16) solving the challenges facing our Nation's urban
schools will require the concerted and collaborative efforts
of all levels of government and all sectors of the community;
``(17) State and Federal funding or urban schools has not
adequately reflected need; and
``(18) Federal funding that is well targeted, flexible and
accountable would contribute significantly to addressing the
comprehensive needs of inner-city schools.
``SEC. 12002. STATEMENT OF PURPOSE.
``It is the purpose of this Act to provide financial
assistance to--
``(1) assist urban schools in meeting national education
goals;
``(2) improve the educational and social well being of
urban public school children;
``(3) close the achievement gap between urban and nonurban
school children, while improving the achievement level of all
children nationally;
``(4) renovate and repair urban school buildings and
facilities;
``(5) conduct coordinated research on urban education
problems, solutions and promising practices;
``(6) improve the Nation's global economic and educational
competitiveness by improving the country's urban schools;
``(7) encourage community, parental and business
collaboration in the improvement or urban schools; and
``(8) review regulations whose simplification might improve
the achievement of urban school children.
``SEC. 12003. URBAN EDUCATION DEMONSTRATION GRANTS.
``(a) Authority.--The Secretary is authorized to make
grants to eligible local educational agencies serving an
urban area or State educational agencies in the case where
the State educational agency is the local educational agency
for activities designed to assist in local school improvement
efforts and school reform, and to assist the schools of such
agencies in meeting the National Education Goals.
``(b) Authorized Activities.--Funds under this section may
be used to--
``(1) increase academic achievement of urban school
children;
``(2) ensure the readiness of urban children for school;
``(3) increase the graduation rates of urban students;
``(4) prepare urban school graduates to enter higher
education, pursue careers, and exercise their
responsibilities as citizens;
``(5) recruit and retain qualified teachers, particularly
minority teachers and teachers specializing in areas of
critical shortage;
``(6) provide for ongoing staff development to increase the
professional capacities of the teaching staff and the skills
of teacher aides and paraprofessionals;
``(7) decrease the use of drugs and alcohol among urban
students and to ensure the physical and emotional well-being
of such students in a bias-free school environment;
``(8) coordinate and collaborate with parents, the
community, the private sector, and with other service
providers and programs;
``(9) acquire and improve access to educational technology;
and
``(10) assist the schools most in need of services by
replicating successful efforts of other urban local
educational agencies and expanding successful programs within
the eligible agency.
``(c) General Provisions.--An eligible local educational
agency desiring to receive a grant under this section shall
submit an application to the Secretary at such time, in such
manner, and accompanied by such information as the Secretary
may reasonably require, consistent with this section.
``(d) Definitions.--Except as otherwise provided, for the
purposes of this part--
``(1) Central city.--The term `central city' has the same
meaning as that used by the United States Census Bureau.
``(2) Eligible local educational agency.--The term
`eligible local educational agency' means a local educational
agency which--
``(A) serves the largest central city in a State;
``(B) enrolls more than 30,000 students and serves a
central city with a population of at least 200,000 in a
metropolitan statistical area; or
``(C) enrolls between 25,000 and 30,000 students and serves
a central city with a population of at least 140,000 in a
metropolitan statistical area.
``(3) Metropolitan statistical area.--The term
`metropolitan statistical area' has the same meaning as that
used by the United States Census Bureau.
``SEC. 12004. RESEARCH AND EVALUATION GRANTS.
``The Secretary is authorized to make grants and enter into
contracts with eligible local educational agencies, and
institutions of higher education jointly with eligible local
educational agencies to conduct research and evaluate
programs for improving and reforming the Nation's urban
schools.
``SEC. 12005. USE OF FUNDS.
``Funds allotted to eligible local educational agencies and
institutions of higher education under section 12004 may be
used for--
``(1) collaborative and coordinated research and evaluation
of educational techniques or approaches used in multiple
eligible local educational agencies;
``(2) evaluation of projects assisted under title I;
``(3) collection and dissemination of information on
successful projects and approaches assisted under title I;
``(4) design and implementation of extension service
programs to allow an eligible local educational agency to
provide technical assistance to individual schools and
teachers involved in projects assisted under title I;
``(5) provision of data and information management services
to individual schools assisted under title I;
``(6) provision of staff training in schools assisted under
title I;
``(7) evaluation of progress made by eligible local
educational agencies assisted under this Act in meeting
national education goals;
``(8) provision of staff training in test interpretation
and use for diagnostic purposes;
``(9) provision of information to parents on test results
and test interpretation;
``(10) provision of technology and training in its research
and evaluation uses;
``(11) development of assessment tools of students in
individualized instruction;
``(12) research on school policies and practices which may
be barriers to the success of students in school; and
``(13) development and testing of new multiple, alternative
assessments of student progress toward the national education
goals which are race and gender bias-free and sensitive to
limited-English proficient and disabled students.
``SEC. 12006. AUGUSTUS F. HAWKINS NATIONAL COMMISSION ON
URBAN EDUCATION.
``(a) Establishment.--There is established a National
Commission on Urban Education (in this Act referred to as the
`Commission').
``(b) Membership.--
``(1) In general.--The Commission shall be composed of 12
members as follows:
``(A) 4 of the Members shall be appointed by the President.
``(B) 4 of the Members shall be appointed by the Speaker of
the House, including 2 Members of the House, of which 1 shall
be from each political party.
``(C) 4 of the members shall be appointed by the President
pro tempore of the Senate, including 2 Members of the Senate,
of which 1 shall be from each political party.
``(2) Chairperson.--The Chairperson of the Commission shall
be elected by the members of the Commission and shall
continue to serve for the duration of the Commission.
``(3) Vacancies.--Any vacancy in the Commission shall be
filled in the same manner as the original appointment.
``(c) Duties.--The Commission shall study the following
issues:
``(1) Demographic changes.--Demographic changes in student
enrollment and classroom teachers in the 10-year period prior
to the date of enactment of this Act.
``(2) Special needs.--Numbers and types of special needs of
students in urban schools.
``(3) Unserved or underserved students.--Number of unserved
or underserved students in urban schools eligible for
assistance under the Head Start Act, chapter 1 of title 1 of
the Elementary and Secondary Education Act of 1965, School
Dropout Demonstration Assistance Act of 1988, Drug Free
Schools and Communities Act of 1986. Carl D. Perkins
Vocational and Applied Technology Education Act, Education of
the Handicapped Act and other Federal programs.
``(4) Student performance.--Program and management efforts
in urban schools de-
[[Page 561]]
signed to enhance student performance, and reasons for the
effectiveness of such efforts.
``(5) Financial support.--Financial support and funding
needs of urban schools from local, State, and Federal
sources.
``(6) Collaborate efforts.--Collaborative efforts and
programs between urban schools, the private sector, and
community groups.
``(7) Supply needs.--Supply needs for teachers in urban
schools in the 10-year period beginning on the date of
enactment of this Act.
``(d) Reports.--
``(1) In general.--The Commission shall submit a report
that includes recommendations to the President and to the
appropriate committees of the Congress on the findings of the
study required by this section. The report shall be submitted
as soon as practicable.
``(2) Proposal for changes in federal legislation.--The
report submitted under this section shall include proposals
for changes in Federal legislation.
``(e) Staff.--Such personnel as the Commission deems
necessary may be appointed by the Commission without regard
to the provisions of title 5, United States Code, governing
appointments in the competitive service, and may be paid
without regard to the provisions of chapter 51 and subtitle
III of chapter 53 of such title relating to classification
and General Schedule pay rates, but no individual so
appointed shall be paid in excess of the rate of basic pay
for level III of the Executive Schedule.
``(f) Compensation.--
``(1) In general.--Members of the Commission who are
officers or full-time employees of the United States shall
receive no additional pay, allowances, or benefits by reason
of their service on the Commission.
``(2) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, as
authorized by section 5702 and 5703 of title 5, United States
Code.
``(3) Special rule.--Members of the Commission who are not
officers or full-time employees of the United States may
receive a per diem and travel allowance as is provided by the
United States Code for persons in the Government service
employed intermittently.
``(g) Administration.--
``(1) In general.--The Commission or, on the authorization
of the Commission, any committee thereof, may, for the
purpose of carrying out the provisions of this section, hold
such hearings and site and act at such times and such places
within the United States as the Commission or such committee
considers advisable.
``(2) Consultation.--In carrying out its duties under this
section, the Commission shall consult with other Federal
agencies, representatives of State and local governments, and
private organizations to the extent feasible.
``(3) Information.--The Commission may secure directly from
any department or agency of the United States information
necessary to enable it to carry out this section. Upon
request of the Chairperson of the Commission, the head of
such department or agency shall furnish that information to
the Commission.
``(4) Contracts.--The Commission is authorized to enter
into contracts to secure the necessary data and information
to conduct its work and to obtain the services of experts and
consultants.
``(5) Cooperation.--The heads of all Federal agencies are,
to the extent practicable, directed to cooperate with the
Commission in carrying out this section.
``(6) Special rule.--The Commission is authorized to
utilize, with the consent of such agencies, the services,
personnel, information, and facilities of other Federal,
State, local, and private agencies with or without
reimbursement.
``(h) Termination.--The Commission shall terminate 3 years
after the date of its first meeting.
``SEC. 12007. EVALUATION.
``The Secretary is authorized directly, or through grants
or contracts to evaluate the programs and activities funded
under this title, broadly disseminate such information to
other school districts, and to report the results of such
evaluation to the Education and Labor Committee of the House
of Representatives and the Labor and Human Resources
Committee of the Senate.
``PART B--RURAL EDUCATION DEMONSTRATION GRANTS
``SEC. 12101. FINDINGS.
``The Congress finds that--
``(1) rural schools are essential to national efforts to
meet the National Education Goals;
``(2) approximately 60 percent of the Nation's public
school districts are rural, with populations of less than
2,500;
``(3) about 1 out of every 4 of America's rural school
children are living below the poverty level;
``(4) the quality of public education in rural areas has a
direct effect on the economic development of our country's
rural communities;
``(5) the academic performance of students in the average
rural school system is below that of students in most other
suburban school systems;
``(6) the average age of rural public school buildings is
more than 45 years old, creating poor and demoralizing
working and learning conditions;
``(7) shortages of teachers for rural school systems is
greater than in other kinds of school systems;
``(8) solving the challenges facing the Nation's rural
schools will require the concerted and collaborative efforts
of all levels of government and all sectors of the education
community; and
``(9) additional Federal funding would contribute
significantly to addressing the comprehensive needs of rural
schools.
``SEC. 12102. STATEMENT OF PURPOSE.
``It is the purpose of this part to provide financial
assistance to rural schools to encourage innovative school
reform programs, the enhanced use of telecommunications
technology for learning, and inservice training and teacher
recruitment initiatives in cooperation with institutions of
higher education designed to augment local school improvement
activities.
``SEC. 12103. RURAL SCHOOL GRANTS.
``(a) Authority.--The Secretary is authorized to make
grants to local education agencies serving rural areas or
State educational agencies in the case where the State
educational agency is the local educational agency for
activities designed to assist in local school improvement
efforts.
``(b) Authorized Activities.--Funds under this title may be
used to--
``(1) assist rural schools in meeting National Education
goals and undertaking local school improvement initiatives;
``(2) develop pilot projects that experiment with
innovative ways to teach rural public school children more
effectively;
``(3) encourage rural school consortia for the purpose of
increasing efficiency and course offerings;
``(4) provide meaningful inservice training opportunities
for rural public school teachers; and
``(5) assist rural schools in acquiring and improving
access to educational technology, including distance learning
technologies.
``(c) General Provisions.--Each eligible entity desiring a
grant under this title shall submit an application to the
Secretary at such time, in such manner, and accompanied by
such information as the Secretary may reasonably require.
Awards made by the Secretary shall be of sufficient size and
scope to achieve significant rural school improvement.
``SEC. 12104. HIGHER EDUCATION GRANTS.
``(a) Grants.--The Secretary is authorized to make grants
to institutions of higher education, consortia of such
institutions, or partnerships between institutions of higher
education and local education agencies to assist rural
schools and local education agencies serving rural areas in
undertaking local school improvement activities.
``(b) Authorized Activities.--Funds under this section may
be used to--
``(1) assist rural schools in meeting National Education
Goals;
``(2) assist in the recruitment and training of teachers in
rural schools;
``(3) assist rural schools in the development of
appropriate innovative school improvement initiatives;
``(4) provide inservice training opportunities for teachers
in rural schools; and
``(5) provide technical assistance in the use and
installation of innovative telecommunications technology.
``(c) General Provisions.--Each eligible entity desiring a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by
such information as the Secretary may reasonably require.
``SEC. 12105. NATIONAL COMMISSION ON RURAL EDUCATION.
``(a) Establishment.--There is established a National
Commission on Rural Education.
``(b) Membership.--The Commission shall be composed of 12
members, 4 of whom shall be appointed by the President of the
United States, 4 of whom shall be appointed by the Speaker of
the House upon the recommendation of the majority leader and
the minority leader, and 4 of whom shall be appointed by the
President pro tempore of the Senate upon the recommendation
of the majority leader and the minority leader. A majority of
the members of the Commission shall be individuals involved
in rural education, with at least 2 individuals involved in
rural postsecondary education. The Chair of the Commission
shall be elected by the President from among his 4 appointees
and shall continue to serve during the duration of the
Commission. Vacancies in the Commission shall be filled in
the same manner as the original appointment.
``(c) Studies.--The Commission shall conduct a full and
complete study on the State of rural education in America.
Included in this analysis should be the impact of demographic
changes in rural schools, the special needs of these schools,
the current and future teacher needs of these schools, the
effectiveness of existing Federal education programs in
meeting the needs of these schools, the adequacy of financial
support for these schools, and any other issues that the
Commission deems to be important and essential for a complete
and exhaustive examination of the state and condition of
rural schools in America.
``(d) Staff.--The Commission may appoint such staff as may
be necessary by the Chair without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service, and may pay such staff without regard to
the provisions of chapter 51 of subchapter III of chapter 53
of such title relating to classification and General Schedule
pay rates, but no individual so appointed shall be paid in
excess of the rate authorized for GS-18 of the General
Schedule.
[[Page 562]]
``(e) Compensation and Expenses.--(1) Members of the
Commission who are officers or full-time employees of the
United States shall serve without compensation in addition to
that received for their services as officers and employees of
the United States. Such members may be allowed travel
expenses and per diem in lieu of subsistence, as authorized
by section 5703 of title 5, United States Code.
``(2) Members of the Commission who are not officers or
full-time employees of the United States may each receive per
diem and travel allowance as is provided by the United States
Code for persons in the Government service employed
intermittently.
``(f) Administration.--(1) The Commission may organize
itself in whatever manner is most appropriate for the conduct
of its activities. It may hold such hearings and act at such
time and such places within the United States as it may
consider advisable. In carrying out its duties, the
Commission may consult with other Federal agencies,
representatives of State and local governments, and private
organizations to the extent feasible.
``(2) The Commission is authorized to secure directly from
any executive department, bureau, agency, board, commission,
office, independent establishment, or instrumentality,
information, suggestions, estimates, and statistics for the
purpose of this section, and each such department, bureau,
agency, board, commission, office, independent establishment,
or instrumentality is authorized and directed, to the extent
permitted by law, to furnish such information, suggestions,
estimates, and statistics directly to the Commission, upon
request by the Chair.
``(3) The Commission may enter into contracts for the
acquisition of information, suggestions, estimates, and
statistics for the purpose of this section. The Commission is
authorized to obtain the services of experts and consultants
without regard to section 3109 of title 5, United States
Code, and to set pay in accordance with such section.
``(4) The head of such Federal agency shall, to the extent
not prohibited by law, cooperate with the Commission in
carrying out this section. The Commission is authorized to
utilize, with their consent, the services, personnel,
information, and facilities of other Federal, State, local,
and private agencies with or without reimbursement.
``(g) Final Report.--The Commission shall report to
Congress its findings not later than 3 years after the date
of enactment of this Act. Such report may include legislative
recommendations. The Commission may make whatever interim
reports to Congress that it deems necessary.''.
TITLE II--AMENDMENTS TO THE GENERAL EDUCATION PROVISIONS ACT
PART A--APPLICABILITY OF THE GENERAL EDUCATION PROVISIONS ACT
SEC. 211. TITLE; APPLICABILITY; DEFINITIONS.
Section 400 of the General Education Provisions Act (20
U.S.C. 1221 et seq.; referred to in this title as ``the
Act'') is amended to read as follows:
``title; applicability; definitions
``Sec. 400. (a) This title may be cited as the `General
Education Provisions Act'.
``(b)(1) Except as otherwise provided, this title applies
to each applicable program of the Department of Education.
``(2) Except as otherwise provided, this title does not
apply to any contract made by the Department of Education.
``(c) As used in this title, the following terms have the
following meanings:
``(1) The term `applicable program' means any program for
which the Secretary or the Department has administrative
responsibility as provided by law or by delegation of
authority pursuant to law. The term includes each program for
which the Secretary or the Department has administrative
responsibility under the Department of Education Organization
Act or under statutes effective after the effective date of
that Act.
``(2) The term `applicable statute' means--
``(A) the Act or the title, part, section, or any other
subdivision of an Act, as the case may be, that authorizes
the appropriation for an applicable program;
``(B) this title; and
``(C) any other statute that by its terms expressly
controls the administration of an applicable program.
``(3) The term `Department' means the Department of
Education.
``(4) The term `Secretary' means the Secretary of
Education.
``(d) Nothing in this title shall be construed to affect
the applicability of title VI of the Civil Rights Act of
1964, title IX of the Education Amendments of 1972, title V
of the Rehabilitation Act of 1973, the Age Discrimination
Act, or other statutes prohibiting discrimination, to any
applicable program.''.
SEC. 212. REPEAL AND REDESIGNATION.
(a) The following provisions of the Act are repealed--
(1) sections 400A, 401, 402, 405, 406, 406A, 406B, 406C,
407, 413, 416, 419, 421, 423, 424, 426A, and 429; and
(2) part D.
(b) Sections 403, 408, 409, 411, 412, 414, 415, 417, 420,
421A, 422, 425, 426, 427, 428, 430, 431, 432, 433, 434, 435,
436, 437, 438, 439, and 440 are redesignated as 401, 410,
411, 420, 421, 422, 423, 425, 426, 430, 431, 432, 433, 434,
435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, and
446 respectively.
(c) Part E is redesignated as part D.
PART B--THE DEPARTMENT OF EDUCATION
SEC. 221. NEW HEADING FOR PART A.
The heading for part A of the Act is amended to read as
follows:
``Part A--Functions of the Department of Education''.
SEC. 222. OFFICE OF NON-PUBLIC EDUCATION.
Section 401 of the Act (as redesignated) is amended by--
(1) striking the heading of such section and inserting the
following new heading:
``office of non-public education'';
(2) striking subsections (a), (b), and (c); and
(3) striking ``(d)(1) There'' and inserting ``Sec. 401. (1)
There''.
SEC. 223. GENERAL AUTHORITY OF THE SECRETARY.
Section 410 of the Act (as redesignated) is amended to read
as follows:
``general authority of the secretary
``Sec. 410. The Secretary, in order to carry out functions
otherwise vested by law or by delegation of authority
pursuant to law, and subject to limitations as may be
otherwise imposed by law, is authorized to make, promulgate,
issue, rescind, and amend rules and regulations governing the
manner of operation of, and governing the applicable programs
administered by, the Department.''.
PART C--APPROPRIATIONS AND EVALUATIONS
SEC. 230. FORWARD FUNDING.
Section 420 of the Act (as redesignated) is amended to read
as follows:
``forward funding
``Sec. 420. (a) To the end of affording the responsible
State, local, and Federal officers adequate notice of
available Federal financial assistance for carrying out
ongoing education activities and projects, appropriations for
grants, contracts, or other payments under any applicable
program are authorized to be included in the appropriations
Act for the fiscal year preceding the fiscal year during
which such activities and projects shall be carried out.
``(b) In order to effect a transition to the timing of
appropriation action authorized by subsection (a), the
application of this section may result in the enactment, in a
fiscal year, of separate appropriations for an applicable
program (whether in the same appropriations Act or otherwise)
for 2 consecutive fiscal years.''.
SEC. 231. AVAILABILITY OF APPROPRIATIONS.
(a) The heading for section 421 of the Act (as
redesignated) is amended to read as follows: ``availability
of appropriations on academic or school-year basis;
additional period for expenditure of funds''.
(b) Section 421 of the Act (as redesignated) is further
amended--
(1) in subsection (b) by striking ``(b) Notwithstanding''
and inserting ``(b)(1) Notwithstanding''; and
(2) in subsection (c) by striking ``section 3679(d)(2) of
the Revised Statutes'' and inserting ``section 1341(a) of
title 31 of the United States Code''.
SEC. 232. CONTINGENT EXTENSION OF PROGRAMS.
Section 422 of the Act (as redesignated) is amended to read
as follows:
``contingent extension of programs
``Sec. 422. (a) The authorization of appropriations for, or
duration of, an applicable program shall be automatically
extended for one additional fiscal year unless Congress, in
the regular session that ends prior to the beginning of the
terminal fiscal year of such authorization or duration, has
passed legislation that becomes law and extends or repeals
the authorization or duration of such program.
``(b) The amount authorized to be appropriated for the
period of automatic extension of an applicable program under
subsection (a) shall be the amount that was authorized to be
appropriated for that program during its terminal fiscal
year.
``(c) During the period of automatic extension of an
applicable program under subsection (a), the Secretary shall
administer such program, including the performance of all
required acts and determinations, in the same manner required
in the termination fiscal year by the applicable statute.
``(d) This section shall not apply to the authorization of
appropriations for a commission, council or committee which
is required by an applicable statute to terminate on a date
certain.''.
SEC. 233. STATE REPORTS.
Subpart 2 of part B of the Act is amended by inserting the
following new section 424 at the beginning of such subpart.
``responsibility of states to furnish information
``Sec. 424. (a) Each State educational agency shall submit
to the Secretary a report on or before March 15 of every
second year. Each such report shall include--
``(1) information with respect to the uses of Federal funds
in such State in the 2 preceding fiscal years under any
applicable program under the jurisdiction of the State
educational agency; and
``(2) information with respect to the uses of Federal funds
in such State in the 2 preceding fiscal years under any
Federal program administered by the State that provided
grants or contracts to a local educational agency in the
State.
``(b) Each report submitted as required by subsection (a)
shall--
``(1) list, with respect to each program for which
information is provided, all grants made to and contracts
entered into with local educational agencies and other public
and private agencies and institutions within the State during
each fiscal year concerned;
[[Page 563]]
``(2) analyze the information included in the report by
local educational agency and by program;
``(3) include the total amount of funds available to the
State under each such program for each fiscal year concerned;
and
``(4) be made readily available by the State to local
educational agencies and institutions within the State and to
the public.
``(c) If the Secretary does not receive a report by the
date required under subsection (a), or receives an incomplete
report, the Secretary, not later than 30 days after such
report is required to be submitted, shall take all reasonable
measures to obtain the delinquent or incomplete information
from the State educational agency.
``(d) When the Secretary receives a report required under
subsection (a), the Secretary shall provide such information
to the National Center for Education Statistics, and shall
make such information available, at a reasonable cost, to any
individual who requests it.
``(e) The Secretary shall consult with the Speaker and
Minority Leader of the House of Representatives and the
Majority and Minority Leaders of the Senate regarding the
costs and feasibility of making the information described in
subsection (a) available as part of a telecommunications
network that is readily accessible to every member of
Congress and other interested parties.
``(f) On or before August 15th of each year in which
reports are submitted under subsection (a), the Secretary
shall submit a report to the Committee on Education and Labor
of the House of Representatives and the Committee on Labor
and Human Resources of the Senate. Such report shall
include--
``(1) an analysis of the content and data quality of such
reports;
``(2) a compilation of statistical data derived from such
reports; and
``(3) information obtained by the Secretary with respect
to--
``(A) direct grants made to local educational agencies by
the Federal Government; and
``(B) contracts entered into between such agencies and the
Federal Government.''.
SEC. 234. BIENNIAL EVALUATION REPORT.
Section 425 of the Act (as redesignated) is amended to read
as follows:
``biennial evaluation report
``Sec. 425. Not later than March 31 of each second year
beginning with 1995, the Secretary shall transmit to the
Committee on Education and Labor of the House of
Representatives and the Committee on Labor and Human
Resources of the Senate an evaluation report on the
effectiveness of applicable programs during the two preceding
fiscal years in achieving their legislated purposes. Such
report shall--
``(1) contain program profiles that include legislative
citations, multi-year funding histories, and legislated
purposes;
``(2) contain recent evaluation information on the progress
being made toward the achievement of program objectives,
including listings of program performance indicators, data
from performance measurement based on the indicators,
evaluation information on the costs and benefits of the
applicable programs being evaluated.
``(3) contain selected significant program activities, such
as initiatives for program improvement, regulations, and
program monitoring and evaluation;
``(4) list the principal analyses and studies supporting
the major conclusions in such report; and
``(5) be prepared in concise summary form with necessary
detailed data and appendices, including available data to
indicate the effectiveness of the programs and projects by
the race, sex, disability and age of their beneficiaries.''.
SEC. 235. TECHNICAL AMENDMENT.
(a) Section 423 of the Act (as redesignated) is amended by
striking ``Commissioner'' and inserting ``Secretary''.
(b) Section 426 of the Act (as redesignated) is amended
by--
(1) striking ``title I of'' and all that follows through
``Congress)'' and inserting ``title VIII of the Elementary
and Secondary Education Act of 1965''; and
(2) striking ``subparagraph (C) of section 3(d)(2) or
section 403(1)(C)'' and inserting in lieu thereof ``sections
8003(c) or residing on property described in section
8012(4)(B)(ii)''.
SEC. 236. COORDINATION.
The National Assessment Governing Board, the Advisory
Council on Statistics, the National Education Goals Panel,
the National Education Statistics and Improvement Council,
and any other Board established to analyze, address, or
approve standards and assessments shall coordinate and
interact with one another in order to ensure that each entity
does not duplicate activities to assist States in their
efforts to reform their educational systems.
PART D--ADMINISTRATION OF EDUCATION PROGRAMS
SEC. 241. JOINT FUNDING OF PROGRAMS.
Section 430 of the Act (as redesignated) is amended to read
as follows:
``joint funding of programs
``Sec. 430. (a)(1) The Secretary is authorized to enter
into arrangements with other Federal agencies to jointly
carry out projects of common interest, to transfer to such
agencies funds appropriated under any applicable program, and
to receive and use funds from such agencies, for projects of
common interest.
``(2) Funds so transferred or received shall be used only
in accordance with the statutes authorizing the appropriation
of such funds, and shall be made available by contract or
grant only to recipients eligible to receive such funds under
such statutes.
``(3) If the Secretary enters into an agreement under this
subsection for the administration of a project, the agency
administering the project shall use its procedures to award
contracts or grants and to administer such awards, unless the
parties to the agreement specify the use of procedures of
another agency that is a party to the agreement.
``(4) If the Secretary has entered into an agreement
authorized under subsection (a) of this section and the
Secretary and the heads of the other agencies participating
in the agreement determine that joint funding is necessary to
address a special need consistent with the purposes and
authorized activities of each program that provides funding,
the Secretary and the heads of the other participating
agencies may develop a single set of criteria for jointly
funded projects and require each applicant for those projects
to submit a single application for review by the
participating agencies.
``(b) The Secretary may develop the criteria for, and
require the submission of, joint applications under two or
more applicable programs under which awards are made on a
competitive basis, and may jointly review and approve such
applications separately from other applications under such
programs, when the Secretary determines that such joint
awards are necessary to address a special need consistent
with the purposes and authorized activities of each such
program. An applicant for such a joint award must meet the
eligibility requirements of each such program.
``(c) The Secretary may not construe the provisions of this
section to take precedence over a limitation on joint funding
contained in an applicable statute.
``(d)(1) The Secretary shall provide notice to the
Committee on Education and Labor of the House of
Representatives and to the Committee on Labor and Human
Resources of the Senate of each joint funding agreement made
with other Federal agencies not later than 60 days following
the making of such agreements.
``(2) Such notice shall include--
``(A) a description of the purpose and objectives of the
joint funding arrangement;
``(B) the amounts and sources, by program, of the funds
dedicated to such arrangement; and
``(C) the criteria developed to govern the award of
contracts and grants.''.
SEC. 242. COLLECTION AND DISSEMINATION OF INFORMATION.
Section 431 of the Act (as redesignated) is amended by--
(1) striking ``(a) The Commissioner'' and inserting ``The
Secretary'';
(2) inserting ``and'' at the end of paragraph (2);
(3) striking ``; and'' at the end of paragraph (3) and
inserting ``.''; and
(4) striking paragraph (4) and subsections (b) and (c).
SEC. 243. REVIEW OF APPLICATIONS.
(a) Section 432 of the Act (as redesignated) is amended--
(1) in subsection (a)--
(A) by striking ``Commissioner'' and inserting
``Secretary'';
(B) by striking ``and in the case of the program provided
for in title I of the Elementary and Secondary Education Act
of 1965,'';
(C) in the third sentence thereof, by inserting a comma
after ``the hearing''; and
(D) in the fourth sentence thereof--
(i) by striking the comma after ``guidelines''; and
(ii) by inserting a comma after ``program'';
(2) in subsection (b), by striking ``Commissioner'' each
place it appears and inserting ``Secretary''; and
(3) in subsection (d), by striking ``Commissioner'' each
time it appears and inserting ``Secretary'' and by inserting
before the period ``or issue such other orders as the
Secretary may deem appropriate to achieve such compliance''.
(b) All statistics and other data collection and analysis
reported under this section shall, whenever feasible, be
collected cross-tabulated, analyzed, and reported by sex
within race or ethnicity and socioeconomic status. In the
event that the Secretary determines that such statistics or
data collection and analysis reveals no significant
differences among such categories, the Secretary shall
include in the relevant report incorporating such statistics
or data an explanation of such determination.
SEC. 244. TECHNICAL AMENDMENT.
Section 434 of the Act (as redesignated) is amended in the
first sentence by striking ``the Commissioner'' and ``he''
and inserting ``the Secretary'' in lieu of each.
SEC. 245. USE OF FUNDS WITHHELD.
Section 435 of the Act (as redesignated) is amended to read
as follows:
``use of funds withheld
``Sec. 435. (a) At any time that the Secretary makes an
allotment or reallotment to any State under any applicable
program, the Secretary shall reduce such allotment or
reallotment by such amount as the Secretary determines such
allotment or reallotment would have been reduced, had the
data on which the allotment or reallotment is based excluded
all data relating to local educational agencies of the State
that, on the date of the Secretary's action, are ineligible
to receive the Federal financial assistance
[[Page 564]]
involved because of failure to comply with title VI of the
Civil Rights Act of 1964, title IX of the Education
Amendments of 1972, section 504 of the Rehabilitation Act of
1973, or the Age Discrimination Act of 1975.
``(b) The Secretary may use any funds withheld under
subsection (a)--
``(1) to increase the allotments of other local educational
agencies within the State, or the allotments of all States,
in accordance with the statutes governing the program; or
``(2) for grants to local educational agencies of that
State in accordance with section 405 of the Civil Rights Act
of 1964, or for any other program administered by the
Department that is designed to enhance equity in education or
redress discrimination on the basis of race, color, national
origin, sex, age, or disability.''.
SEC. 246. APPLICATIONS.
Section 436 of the Act (as redesignated) is amended by
striking ``for three fiscal years'' and inserting ``for more
than one fiscal year''.
SEC. 247. REGULATIONS.
Section 437 of the Act (as redesignated) is amended--
(1) in the heading by striking ``: requirements and
enforcement'';
(2) in subsection (a) by--
(A) striking, in paragraph (1), ``Commissioner'' and
inserting ``Secretary''; and
(B) striking, in paragraph (2), ``Department of Health,
Education, and Welfare or the Office of Education, or by an
official of such agencies'' and inserting ``Secretary'';
(3) in subsection (b) by--
(A) striking ``Commissioner'' each place it appears and
inserting ``Secretary''; and
(B) striking the last sentence of paragraph (2)(B);
(4) in subsection (d) by--
(A) striking, in paragraph (1)--
(i) in the second sentence, ``transmission unless the
Congress shall, by concurrent resolution, find that the final
regulation is inconsistent with the Act from which it derives
its authority, and disapprove such final regulation, in whole
or in part'' and insert ``transmission'';
(ii) the last sentence; and
(iii) ``(1)''; and
(B) striking paragraph (2);
(5) by striking subsections (e) and (f); and
(6) in subsection (g), by striking ``Commissioner'' each
place it appears and inserting ``Secretary''.
SEC. 248. RECORDS; REDUCTION IN RETENTION REQUIREMENTS.
Section 443 of the Act (as redesignated) is amended--
(1) in subsection (a)--
(A) by striking out ``grant, subgrant, contract,
subcontract, loan, or other arrangement (other than
procurement contracts awarded by an administrative head of an
educational agency)'' and inserting in lieu thereof ``grant,
subgrant, cooperative agreement, loan or other agreement'';
(B) by inserting ``financial or programmatic'' immediately
before ``audit.''; and
(C) by striking ``five'' in the last sentence and inserting
``three''; and
(2) in subsection (b), by striking out ``to any records of
a recipient which may be related, or pertinent to, the
grants, subgrants, contracts, subcontracts, loans, or other
arrangements'' and inserting in lieu thereof ``to any records
currently maintained by a recipient that may be related, or
pertinent to, grants, subgrants, cooperative agreements,
loans, or other arrangements''.
SEC. 249. RELEASE OF RECORDS.
Section 444(b)(1)(E) of the Act (as redesignated) is
amended to read as follows:
``(E) State and local officials or authorities to whom such
information is specifically allowed to be reported or
disclosed pursuant to State statute adopted--
``(i) before November 19, 1974, if the allowed reporting or
disclosure concerns the juvenile justice system and its
ability to effectively serve the student whose records are
released, or
``(ii) after November 19, 1974, if--
``(I) the allowed reporting or disclosure concerns the
juvenile justice system and its ability to effectively serve
the student whose records are released, and
``(II) the officials and authorities to whom such
information is disclosed certify in writing to the
educational agency or institution that the information will
not be disclosed to any other party except as provided under
State law without the prior written consent of the parent.''.
SEC. 250. PROTECTION OF PUPIL RIGHTS.
Section 445 of the Act (as redesignated) is amended to read
as follows:
``protection of pupil rights
``Sec. 445. (a) All instructional materials, including
teacher's manuals, films, tapes, or other supplementary
material which will be used in connection with any survey,
analysis, or evaluation as part of any applicable program
shall be available for inspection by the parents or guardians
of the children.
``(b) No student shall be required, as part of any
applicable program, to submit to a survey, analysis, or
evaluation that reveals information concerning--
``(1) political affiliations;
``(2) mental and psychological problems potentially
embarrassing to the student or his family;
``(3) sex behavior and attitudes;
``(4) illegal, antisocial, self-incriminating, and
demeaning behavior;
``(5) critical appraisals of other individuals with whom
respondents have close family relationships;
``(6) legally recognized privileged or analogous
relationships, such as those of lawyers, physicians, and
ministers; or
``(7) income (other than that required by law to determine
eligibility for participation in a program or for receiving
financial assistance under such program),
without the prior consent of the student (if the student is
an adult or emancipated minor), or in the case of an
unemancipated minor, without the prior written consent of the
parent.
``(c) Educational agencies and institutions shall give
parents and students effective notice of their rights under
this section.
``(d) The Secretary shall take such action as the Secretary
determines appropriate to enforce this section, except that
action to terminate assistance provided under an applicable
program shall be taken only if the Secretary determines
that--
``(1) there has been a failure to comply with such section;
and
``(2) compliance with such section cannot be secured by
voluntary means.
``(e) The Secretary shall establish or designate an office
and review board within the Department of Education to
investigate, process, review, and adjudicate violations of
the rights established under this section.''.
SEC. 251. ENFORCEMENT.
(a) Section 452 of the Act is amended--
(1) in the first sentence of paragraph (2) of subsection
(a), by striking ``stating'' and all that follows through the
end of such sentence and inserting ``establishing a prima
facia case for the recovery of funds, including an analysis
reflecting the value of the program services actually
obtained in a determination of harm to the federal
interest.'';
(2) in the first sentence of paragraph (1) of subsection
(b), by striking ``30'' and inserting ``60''; and
(3) in subsection (d) by--
(A) striking ``(d) Upon'' and inserting ``(d)(1) Upon'';
and
(B) adding a new paragraph (2) as follows:
``(2) During the conduct of such review, there shall not
be any ex parte contact between the Secretary and individuals
representing the Department or the recipient.''.
(b) Section 459 of the Act is amended--
(1) in paragraph (1) of subsection (a) by striking ``, and
that the recipient is in all other respects in compliance
with the requirements of that program''; and
(2) subsection (c) is amended to read as follows:
``(c) Notwithstanding any other provisions of law, the
funds made available under this section shall remain
available for expenditure for a period of time deemed
reasonable by the Secretary, but in no case to exceed more
than 3 fiscal years following the later of--
``(1) the fiscal year in which final agency action under
section 452(e) is taken; or
``(2) if such recipient files a petition for judicial
review, the fiscal year in which final judical action under
section 458 is taken.''.
SEC. 252. TECHNICAL AMENDMENTS.
(a) The heading for Part C of the Act is amended by
striking ``Commissioner of Education'' and inserting
``Secretary''.
(b) Section 434 of the Act (as redesignated) is amended in
the second sentence thereof, by inserting ``is made'' after
``such determination''.
(c) Section 436 of the Act (as redesignated) is amended by
striking ``Commissioner'' each place it appears and inserting
``Secretary''.
(d)(1) The heading of section 440 of the Act (as
redesignated) is amended by striking ``educational''.
(2) Section 440 of the Act (as redesignated) is amended--
(A) by striking ``Commissioner'' each place it appears and
inserting ``Secretary''; and
(B) by inserting ``(c)'' before the last sentence and by
deleting ``paragraph (3)'' in such sentence and inserting
``subsection (b)(3)''.
(e) Section 441 of the Act (as redesignated) is amended--
(1) by striking ``Commissioner'' each place it appears and
inserting ``Secretary''; and
(2) in subsection (a)--
(A) by striking the comma after ``submits a plan''; and
(B) by striking ``(subject, in the case of programs under
chapter 1 and chapter 2 of title I of the Elementary and
Secondary Education Act of 1965, to the provisions of title V
of such Act)''.
(f) Section 442 of the Act (as redesignated) is amended--
(1) in subsection (a), by striking ``that local education
agency'' and inserting ``that local educational agency''; and
(2) in subsection (b)--
(A) in paragraph (2), by inserting a comma after
``program'';
(B) in paragraph (4), by striking ``Commissioner'' each
place it appears and inserting ``Secretary''; and
(C) in paragraph (7), by striking ``handicapped
individuals'' and inserting ``individuals with
disabilities''.
(g) Section 444 of the Act (as redesignated) is amended--
(1) in subsection (a)(4)(B)(ii), by striking the period at
the end thereof and inserting a semicolon;
(2) in subsection (b)--
(A) in paragraph (1)(C), by striking ``(iii) an
administrative head of an education agency (as defined in
section 408(c)), or (iv)'' and inserting ``or (iii)'';
(B) in paragraph (1)(H), by striking ``1954'' and inserting
``1986''; and
[[Page 565]]
(C) in paragraph (3)--
(i) by striking ``(C) an administrative head of an
education agency or (D)'' and inserting ``or (C)''; and
(ii) by striking ``education program'' and inserting
``education programs'';
(3) in subsection (d), by inserting a comma after
``education'';
(4) in subsection (f)--
(A) by striking ``The Secretary, or an administrative head
of an education agency,'' and inserting ``The Secretary'';
(B) by striking ``provisions of'' after ``enforce'';
(C) by striking ``according to the provisions of'' and
inserting ``in accordance with''; and
(D) by striking ``the provisions of'' after ``with''; and
(5) in subsection (g)--
(A) by striking ``Health, Education, and Welfare'' and
inserting ``Education''; and
(B) by striking ``the provisions of ''.
SEC. 253. EQUITY FOR STUDENTS, TEACHERS, AND OTHER PROGRAM
BENEFICIARIES.
The Act is further amended by inserting after section 426
(as redesignated) a new section 427 to read as follows:
``equity for students, teachers, and other program beneficiaries
``Sec. 427. (a) The purpose of this section is to assist
the Department in implementing its mission to ensure equal
access to education and to promote educational excellence
throughout the Nation, by ensuring equal opportunities to
participate for all eligible students, teachers, and other
program beneficiaries in any project or activity carried out
under an applicable program and promoting their ability to
meet high standards.
``(b) The Secretary shall require each applicant for
assistance under an applicable program (other than an
individual) to develop and describe in its application the
steps it proposes to take to ensure equitable access to, and
equitable participation in, the project or activity to be
conducted with such assistance, by addressing the special
needs of students, teachers, and other program beneficiaries
in order to overcome barriers to equitable participation,
including barriers based on gender, race, color, national
origin, disability, and age.
``(c) The Secretary may establish criteria and provide
technical assistance for meeting the requirements of this
section.
``(d) Nothing in this section is intended to alter in any
way the rights or responsibilities established under the
statutes cited in section 400(d) of this Act.''.
SEC. 254. DISCLOSURE REQUIREMENTS.
Each educational organization, prior to accepting funds for
the cost of a minor's participation in an educational program
operated by such organization, shall disclose the following
information in written form to the minor or the minor's
parent:
(1) Method of solicitation and selection.--The method of
solicitation and selection of participants in the educational
program, including--
(A) the origin of any mailing list used for such
solicitation and selection;
(B) any recruitment through teacher or school personnel,
including any enticements offered to such teacher or
personnel for the recommendation of a minor for participation
in the educational program;
(C) any open enrollment activity, including the method of
outreach; and
(D) any cooperation with, or sponsorship by, a membership
organization, including a description of the cooperation or
sponsorship and the name of each such organization.
(2) Cost and fees.--Information regarding the cost of the
educational program and information regarding the
distribution of any enrollment fee, including--
(A) the amount paid for, and the percentage of the total
educational program cost of, each feature of the educational
program, including--
(i) food;
(ii) lodging;
(iii) transportation;
(iv) program staffing;
(v) textbooks, syllabi, or other scholastic educational
program materials;
(vi) speaker fees; and
(vii) administrative expenses, including expenses related
to--
(I) the preparation of non-scholastic educational program
materials;
(II) the provision of financial assistance;
(III) mailing list rental or other recruitment activity;
and
(IV) administrative salaries and consulting fees;
(B) the identity of the organization or business providing
each of the features described in clauses (i) through (vii)
of subparagraph (A); and
(C) the nature of any relationship of any board member,
officer, or employee of the educational organization to any
organization or business described in subparagraph (B),
including the salary or other compensation paid by such
organization or business to such board member, officer, or
employee.
(3) Nondiscriminatory enrollment and service policy.--
(A) In general.--Each educational organization shall
include a verifiable statement on all enrollment or
recruitment material that the educational organization does
not--
(i) fail or refuse to hire, or discharge, any individual,
or otherwise discriminate against any individual with respect
to compensation, terms, conditions, or privileges of
employment; or
(ii) exclude any student from participation in an
educational program, discriminate against any student in
providing the benefits associated with such program
(including any scholarship or financial assistance, and use
of any facility), or subject the student to discrimination
under such program, on the basis of race, disability, or
residence in a low-income area.
(B) Construction.--Nothing in this section shall be
construed to entitle a student to--
(i) participation in an educational program or any benefit
associated with such program; or
(ii) a waiver of any fee charged for such participation or
benefit.
(4) Enforcement.--
(A) In general.--The Secretary of Education shall monitor
compliance with the provisions of this section.
(B) Civil penalty.--If an educational organization
knowingly violates any provision of this Act, the Secretary
of Education, after notice and opportunity for hearing, may
impose on such organization a civil fine of not more than
$1,000 for each such violation.
(5)(A) Educational organization, as defined by this
section, means an organization or group which--
(i) provides special honors programs, seminars, citizenship
experiences, government study programs, educational
vacations, student exchange programs, or other educational
experiences or honors generally directed toward minors or
high school students and charges a tuition or enrollment fee;
(ii) offers its program away from a student's regular place
of school attendance, includes not less than 1 supervised
night away from home, and is intended to enhance a student's
regular course of study; and
(iii) advertises and recruits students through commercial
media, direct mailings, school recruitment programs, or
school administrators or teachers.
(B) The definition in subparagraph (A) shall not include--
(i) a local educational agency, State educational agency, a
State department of education, or an elementary or secondary
school as defined by this Act;
(ii) an institution of higher education as defined by the
Higher Education Act of 1965; or
(iii) a local organization sponsored by an elementary or
secondary school, a recreational or entertainment
organization, a local sports activity group, or a social
club.
PART E--RELATED AMENDMENTS TO OTHER ACTS
SEC. 261. DEPARTMENT OF EDUCATION ORGANIZATION ACT
The Department of Education Organization Act is amended--
(1) by repealing sections 414 and 427;
(2) by redesignating sections 209, 210, 211, 212, 214, 215,
303, 304, 305, 306, 307, 415, 416, 417, 418, 419, 420, 421,
422, 423, 424, 425, 426, and 428 as sections 208, 209, 210,
211, 212, 213, 302, 303, 304, 305, 306, 414, 415, 416, 417,
418, 419, 420, 421, 422, 423, 424, 425, and 426;
(3) the table of contents is amended to read as follows:
``TABLE OF CONTENTS
``Sec. 1. Short title; table of contents.
``TITLE I--GENERAL PROVISIONS
``Sec. 101. Findings.
``Sec. 102. Purposes.
``Sec. 103. Federal-State Relationships.
``Sec. 104. Definitions.
``TITLE II--ESTABLISHMENT OF THE DEPARTMENT
``Sec. 201. Establishment.
``Sec. 202. Principal officers.
``Sec. 203. Office for Civil Rights.
``Sec. 204. Office of Elementary and Secondary Education.
``Sec. 205. Office of Postsecondary Education.
``Sec. 206. Office of Vocational and Adult Education.
``Sec. 207. Office of Special Education and Rehabilitative Services.
``Sec. 208. Office of Educational Research and Improvement.
``Sec. 209. Office of Bilingual Education and Minority Languages
Affairs.
``Sec. 210. Office of General Counsel.
``Sec. 211. Office of Inspector General.
``Sec. 212. Office of Correctional Education.
``Sec. 213. Federal Interagency Committee on Education.
``TITLE III--TRANSFERS OF AGENCIES AND FUNCTIONS
``Sec. 301. Transfers from the Department of Health, Education, and
Welfare.
``Sec. 302. Transfers from the Department of Labor.
``Sec. 303. Transfers of programs from the National Science Foundation.
``Sec. 304. Transfers from the Department of Justice.
``Sec. 305. Transfers from the Department of Housing and Urban
Development.
``Sec. 306. Effect of transfers.
``TITLE IV--ADMINISTRATIVE PROVISIONS
``Part A--Personnel Provisions
``Sec. 401. Officers and employees.
``Sec. 402. Experts and consultants.
``Sec. 403. Personnel reduction and annual limitations.
``Part B--General Administrative Provisions
``Sec. 411. General authority.
``Sec. 412. Delegation.
``Sec. 413. Reorganization.
``Sec. 414. Contracts.
``Sec. 415. Regional and field offices.
[[Page 566]]
``Sec. 416. Acquisition and maintenance of property.
``Sec. 417. Facilities at remote locations.
``Sec. 418. Use of facilities.
``Sec. 419. Copyrights and patents.
``Sec. 420. Gifts and bequests.
``Sec. 421. Technical advice.
``Sec. 422. Working capital fund.
``Sec. 423. Funds transfer.
``Sec. 424. Seal of department.
``Sec. 425. Annual report.
``Sec. 426. Authorization of appropriations.
``TITLE V--TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS
``Sec. 501. Transfer and allocation of appropriations and personnel.
``Sec. 502. Effect on personnel.
``Sec. 503. Agency terminations.
``Sec. 504. Incidental transfers.
``Sec. 505. Savings provisions.
``Sec. 506. Separability.
``Sec. 507. Reference.
``Sec. 508. Amendments.
``Sec. 509. Redesignation.
``Sec. 510. Coordination of programs affecting handicapped individuals.
``Sec. 511. Transition.
``TITLE VI--EFFECTIVE DATE AND INTERIM APPOINTMENTS
``Sec. 601. Effective date.
``Sec. 602. Interim appointments.'';
and
(4) in section 202(b), by inserting after paragraph (2) the
following:
``(3) There shall be in the Department, a Special Assistant
for Gender Equity who shall be appointed by the Secretary.
The Special Assistant shall promote, coordinate, and evaluate
gender equity programs, including the dissemination of
information, technical assistance, and coordination of
research activities. The Special Assistant shall advise the
Secretary and Deputy Secretary on all matters relating to
gender equity.''.
TITLE III--AMENDMENTS TO OTHER ACTS
PART A--AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT
SEC. 311. ALLOCATIONS UNDER SECTION 611 OF THE IDEA.
(a) Grant Amounts.--Section 611(a) of the Individuals with
Disabilities Education Act (referred to in this title as the
``IDEA'') is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Except as provided in paragraph (5), the maximum
amount of the grant for which a State is eligible under this
section for any fiscal year is--
``(A) the sum of--
``(i) the number of children with disabilities in the
State, aged six through 21, who are receiving special
education and related services, as determined under paragraph
(3); and
``(ii) the number of such children in the State, aged three
through five, if the State is eligible for a grant under
section 619; multiplied by
``(B) 40 percent of the average per-pupil expenditure in
public elementary and secondary schools in the United
States.'';
(2) by amending paragraph (2) to read as follows:
``(2) For the purpose of this section, the term `State'
means each of the 50 States, the District of Columbia, and
the Commonwealth of Puerto Rico.''; and
(3) in paragraph (5)(A)--
(A) in clause (i)--
(i) by striking ``and the State'' and inserting ``or the
combined percentage of such children counted by the Secretary
for the purpose of making fiscal year 199-- allocations under
this section and under subpart 2 of part D of chapter 1 of
title I of the Elementary and Secondary Education Act of
1965, as in effect the day before the date of the enactment
of the Improving America's Schools Act of 1994, whichever is
greater, if the State''; and
(ii) by inserting ``and'' at the end thereof ;
(B) in clause (ii)--
(i) by striking ``and the State'' and inserting ``or the
combined percentage of such children counted by the Secretary
for the purpose of making fiscal year 1994 allocations under
this section and under subpart 2 of part D of chapter 1 of
title I of the Elementary and Secondary Education Act of
1965, as in effect the day before the date of the enactment
of the Improving America's Schools Act of 1994, whichever is
greater, if the State''; and
(ii) by striking out the semicolon and ``and'' at the end
thereof and inserting in lieu thereof a period; and
(C) by striking out clause (iii).
(b) Amount Received.--Section 611(b) of the IDEA is amended
to read as follows:
``(b)(1) Notwithstanding subsections (a) and (g) of this
section, no State shall receive an amount under this section
for any of the fiscal years 1995 through 1999 that is less
than the combined amount it received for fiscal year 1994
under--
``(A) this section; and
``(B) subpart 2 of part D of chapter 1 of title I of the
Elementary and Secondary Education Act of 1965 as in effect
the day before the date of the enactment of the Improving
America's Schools Act of 1994, for children with disabilities
aged three through 21.
``(2) If, for fiscal year 1998 or 1999, the number of
children determined under subsection (a)(3) for any State is
less than the total number of children with disabilities,
aged three through 21, counted for such State's fiscal year
1994 grants under this section and under subpart 2 of part D
of chapter 1 of title I of the Elementary and Secondary
Education Act of 1965, as in effect the day before the date
of the enactment of the Improving America's Schools Act of
1994, the amount determined under paragraph (1) for such
State shall be reduced by the same percentage by which the
number of such children so declined.
``(3) In any fiscal year in which the amount appropriated
for grants under this section is less, in real dollar terms,
than the amount appropriated in the immediate preceding
fiscal year, the amount for each State under this subsection
will be reduced proportionately.''.
(c) Uses of Funds.--Section 611(c) of the IDEA is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Of the funds received under subsection (a) by any
State for any fiscal year--
``(A) the State may use up to 25 percent in accordance with
paragraph (2); and
``(B) except as provided in paragraph (4), the State shall
distribute at least 75 percent to local educational agencies
and intermediate educational units, in accordance with
subsection (d), for use in accordance with priorities
established under section 612(3).'';
(2) in paragraph (2), by amending subparagraph (A) to read
as follows:
``(A) From the funds that any State may use under paragraph
(1)(A) for any fiscal year, the State--
``(i) may use 5 percent of the funds received under this
section or $450,000, whichever is greater, for administrative
costs related to carrying out sections 612 and 613; and
``(ii) shall use the remainder--
``(I) to provide support services and direct services,
subject to subparagraph (B), in accordance with priorities
established under section 612(3); and
``(II) for the administrative costs of monitoring and
complaint investigation, but only to the extent that such
costs exceed the costs of administration incurred during
fiscal year 1985.''.
(d) State Funds.--Section 611(d) of the IDEA is amended to
read as follows:
``(d)(1) From the total amount of funds available for any
fiscal year under subsection (c)(1)(B), the State shall
provide to each local educational agency or intermediate
educational unit an amount that bears the same ratio to such
total amount as the number of children, aged 3 through 21,
determined under subsection (a)(3) for such agency or unit
bears to the total number of such children determined for all
such agencies and units that apply for such funds.
``(2)(A) To the extent necessary, the State--
``(i) shall use funds available under subsection
(c)(2)(A)(ii) to ensure that each State-owned or State-
operated school or program or State-supported school or
program that received fiscal year 1994 funds under subpart 2
of part D of chapter 1 of title I of the Elementary and
Secondary Education Act of 1965 receives, from the
combination of such funds and funds provided under paragraph
(1), an amount equal to--
``(I) the number of children, aged 6 through 21, determined
under subsection (a)(3) for such agency; multiplied by
``(II) the per-child amount provided under such subpart for
fiscal year 1994; and
``(ii) may use such funds to ensure that each local
educational agency that received fiscal year 1994 funds under
such subpart for children who had transferred from a State-
owned, State-operated, or State-supported school or program
assisted under such subpart receives, from the combination of
such funds and funds provided under paragraph (1), an amount
for each such child, aged 3 through 21, determined under
subsection (a)(3) for such agency, equal to the per-child
amount the agency received under such subpart for fiscal year
1994.
``(B) For the purpose of subparagraph (A), the number of
children determined under subsection (a)(3) for any State
agency or local educational agency shall not exceed the
number of children aged 3 through 21 for whom such agency
received funds under such subpart for such fiscal year.
``(3) In any fiscal year in which the amount appropriated
for grants under this section is less, in real dollar terms,
than the amount appropriated in the preceding fiscal year,
the amount for each State under this subsection will be
reduced proportionately.''.
(e) Jurisdiction.--Section 611(e)(1) of the IDEA is amended
to read as follows:
``(1) The jurisdictions to which this subsection applies
are Guam, American Samoa, the Virgin Islands, the
Commonwealth of the Northern Mariana Islands, and Palau
(until the effective date of the Compact of Free Association
with the Government of Palau).''.
(f) Possible Ratable Reduction.--Section 611(g) of the IDEA
is amended to read as follows:
``(g)(1)(A) If the sums appropriated under subsection (h)
for any fiscal year are not sufficient to pay in full the
total of the amounts that all States are eligible to receive
under subsection (a), each such amount shall be ratably
reduced.
``(B) If additional funds become available for making such
payments for any fiscal year, such reduced amounts shall be
increased on the same basis as they were reduced.
``(C) Any State that receives any such additional funds
shall distribute them in accordance with this section, except
that any State that has used funds available under subsection
(c)(2)(A)(ii) for the purposes described in subsection (d)(2)
may--
``(i) deduct, from the amount that it would otherwise be
required to make available to
[[Page 567]]
local educational agencies and intermediate educational
units, the same amount of such additional funds as it so
used; and
``(ii) use such funds in accordance with subsection
(c)(2)(A)(ii).
``(2)(A) In any fiscal year for which payments have been
reduced and additional funds have not been made available
under paragraph (1) to pay in full the amounts for which all
States are eligible under this section, each State
educational agency shall fix dates by which each local
educational agency or intermediate educational unit shall
report to the State agency the amount of funds available to
it under this section that it estimates it will expend.
``(B) The State educational agency shall, in accordance
with this section, reallocate any funds that it determines
will not be used during the period of availability by such
local educational agencies and intermediate educational
units, and by any such agency or unit to which such funds
would be available if it applied for them under this part, to
such local educational agencies and intermediate educational
units that the State educational agency determines will need,
and be able to use, additional funds to carry out approved
programs.''.
SEC. 312. TREATMENT OF CHAPTER 1 STATE AGENCIES.
Part B of the IDEA is further amended by inserting after
section 614 the following new section:
``TREATMENT OF CHAPTER 1 STATE AGENCIES
``Sec. 614A. (a) For the purpose of making payments under
sections 611 and 619 of this Act, any State agency that
received funds for fiscal year 1994 under subpart 2 of part D
of chapter 1 of title I of the Elementary and Secondary
Education Act of 1965 shall be treated as if it were a local
educational agency.
``(b) The State educational agency shall ensure that each
State agency that owns or operates or supports a program or
school for children with disabilities with funds under this
part--
``(1) provides each child with a disability in such school
or program a free appropriate public education in accordance
with this part, including the due process protections of
section 615, as if it were a local educational agency; and
``(2) has on file with the State educational agency an
application that meets the requirements of section 614 that
the Secretary finds appropriate.
``(c) Section 611(c)(4) shall not apply with respect to a
State agency that is eligible for a payment under this part
by virtue of this section.''.
SEC. 313. INFANTS AND TODDLERS WITH DISABILITIES.
(a) Allotments.--Section 684(c) of the IDEA is amended--
(1) by redesignating paragraph (2) as paragraph (5); and
(2) by striking paragraph (1) and inserting paragraphs (1)
through (4) to read as follows:
``(1) Except as provided in paragraphs (3) and (4), from
the funds remaining for each fiscal year after the
reservation and payments under subsections (a) and (b), the
Secretary shall first allot to each State an amount that
bears the same ratio to the amount of such remainder as the
number of infants and toddlers in the State bears to the
number of infants and toddlers in all States.
``(2) For fiscal year 1995 only, the Secretary shall allot
$34,000,000 of the remaining funds described in paragraph (1)
among the States in proportion to the relative numbers of
infants and toddlers who--
``(A) are counted on December 1, 1994; and
``(B) would have been eligible to be counted under section
1221(c)(1) of the Elementary and Secondary Education Act of
1965 as in effect before the enactment of the Improving
America's Schools Act of 1994.
``(3) Except as provided in paragraph (4), no State shall
receive an amount under this section for any fiscal year that
is less than the greater of--
``(A) one-half of one percent of the remaining amount
described in paragraph (1), not including any amounts
allotted under paragraph (2); or
``(B) $500,000.
``(4)(A) No State shall receive an amount under this
section for any of the fiscal years 1995 through 1999 that is
less than the combined amount it received for fiscal year
1994 under--
``(i) this part; and
``(ii) subpart 2 of part D of chapter 1 of title I of the
Elementary and Secondary Education Act of 1965 for children
with disabilities from birth through age two.
``(B) If, for fiscal year 1998 or 1999, the number of
infants and toddlers in any State, as determined under
paragraph (1), is less than the number of infants and
toddlers so determined for fiscal year 1994, the amount
determined under subparagraph (A) for that State shall be
reduced by the same percentage by which the number of those
infants and toddlers so declined.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect beginning in fiscal year 1995.
PART B--EDUCATION FOR HOMELESS CHILDREN AND YOUTH
SEC. 320. AMENDMENTS TO TABLE OF CONTENTS.
Section 101 of the Stewart B. McKinney Homeless Assistance
Act is amended by striking subtitles A and B of title VII and
inserting the following:
``Subtitle A--Adult Education for the Homeless
``Sec. 701. State literacy initiatives.
``Subtitle B--Education for Homeless Children and Youth
``Sec. 721. Statement of policy.
``Sec. 722. Grants for state and local activities for the education of
homeless children and youth.
``Sec. 723. Local educational agency grants for the education of
homeless children and youth.
``Sec. 724. Secretarial responsibilities.
``Sec. 725. Definitions.
``Sec. 726. Authorization of appropriations.''.
SEC. 321. STATEMENT OF POLICY.
Subtitle A of title VII of the Stewart B. McKinney Homeless
Assistance Act is amended to read as follows:
``Subtitle A--Adult Education for the Homeless
``SEC. 701. STATE LITERACY INITIATIVES.
``(a) General Authority.--(1) The Secretary of Education is
authorized to make grants to State educational agencies to
enable each such agency to implement, either directly or
through contracts and grants, a program of literacy training
and academic remediation for adult homeless individuals
within the State, which program shall--
``(A) include outreach activities; and
``(B) be coordinated with other agencies or organizations,
such as community-based organizations, nonprofit literacy-
action organizations, and funding recipients under the Adult
Education Act, title II of the Job Training Partnership Act,
the Youth Fair Chance program under title IV of the Job
Training Partnership Act, the Volunteers in Service to
America program under the Domestic Volunteers Service Act,
part C of this title, or the Job Opportunity and Basic Skills
program under the Social Security Act.
``(2) The Secretary of Education shall, in awarding grants
under this section, give special consideration to the
estimates submitted in the application submitted under
subsection (b) and make such awards in whatever amounts he or
she determines would best serve the purposes of this section.
``(b) Application.--Each State educational agency desiring
to receive a grant under this section shall submit to the
Secretary of Education an application at such time, in such
manner, and containing such information as the Secretary may
reasonably require. Each such application shall include an
estimate of the number of homeless individuals in the State
and the number of such individuals expected to be served.
``(c) Authorization of Appropriations.--For the purpose of
carrying out the adult literacy and academic remediation
programs authorized by this section, there are authorized to
be appropriated such sums as may be necessary for each of the
fiscal years 1995 through 1999.
``(d) Definition.--As used in this section, the term
`State' means each of the 50 States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and Palau (until the effective date
of the Compact of Free Association with the Government of
Palau).''.
SEC. 322. EDUCATION FOR HOMELESS CHILDREN AND YOUTH.
Subtitle B of title VII of the Stewart B. McKinney Homeless
Assistance Act is amended to read as follows:
``Subtitle B--Education for Homeless Children and Youth
``SEC. 721. STATEMENT OF POLICY.
``It is the policy of the Congress that--
``(1) each State educational agency shall ensure that each
child of a homeless individual and each homeless youth has
equal access to the same free, appropriate public education,
including a public preschool education, as provided to other
children and youth;
``(2) in any State that has a compulsory residency
requirement as a component of its compulsory school
attendance laws or other laws, regulations, practices, or
policies that may act as a barrier to the enrollment,
attendance, or success in school of homeless children and
youth, the State will review and undertake steps to revise
such laws, regulations, practices, or policies to ensure that
homeless children and youth are afforded the same free,
appropriate public education as provided to other children
and youth;
``(3) homelessness alone should not be sufficient reason to
separate students from the mainstream school environment; and
``(4) homeless children and youth should have access to the
education and other services that they need to ensure that
they have an opportunity to meet the same challenging State
performance standards to which all students are held.
``SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE
EDUCATION OF HOMELESS CHILDREN AND YOUTH.
``(a) General Authority.--The Secretary is, in accordance
with the provisions of this section, authorized to make
grants to States to carry out the activities described in
subsections (d), (e), (f), and (g).
``(b) Application.--No State may receive a grant under this
section unless the State educational agency submits an
application to the Secretary at such time, in such manner,
and containing or accompanied by such information as the
Secretary may reasonably require.
``(c) Allocation and Reservations.--(1) Subject to
paragraph (2) and section 724(c), from the amounts
appropriated for each fiscal year pursuant to section 726,
the Secretary is authorized to allot to each State an amount
that bears the same ratio to the
[[Page 568]]
amount appropriated in each such year as the amount allocated
under section 1123 of the Elementary and Secondary Education
Act of 1965 to the State in that year bears to the total
amount allocated to all States, except that no State shall
receive less than $100,000.
``(2)(A) The Secretary is authorized to reserve 0.1 percent
of the amount appropriated for each fiscal year pursuant to
section 726 to be allocated by the Secretary among the Virgin
Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and Palau (until the effective date
of the Compact of Free Association with the Government of
Palau), according to their respective need, as determined by
the Secretary.
``(B)(i) The Secretary is authorized to transfer one
percent of the amount appropriated for each fiscal year under
section 726 to the Department of the Interior for programs
for Indian students served by schools funded by the Secretary
of the Interior, as determined under the Indian Self-
Determination and Education Assistance Act, that are
consistent with the purposes of this Act.
``(ii) The Secretary and the Secretary of the Interior
shall enter into an agreement, consistent with the
requirements of this part, for the distribution and use of
these funds under terms that the Secretary determines best
meet the purposes of the covered programs. Such agreement
shall set forth the plans of the Secretary of the Interior
for the use of the amounts transferred, including appropriate
goals, objectives, and milestones.
``(3) As used in this subsection, the term `State' shall
not include the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, or Palau.
``(d) Activities.--Grants under this section shall be
used--
``(1) to carry out the policies set forth in section 721 in
the State;
``(2) to provide activities for, and services to, homeless
children, including preschool-aged children, and homeless
youth that enable such children and youth to enroll in,
attend, and succeed in school, or, if appropriate, in
preschool programs;
``(3) to establish or designate an Office of Coordinator of
Education of Homeless Children and Youth in the State
educational agency in accordance with subsection (f);
``(4) to prepare and carry out the State plan described in
subsection (g); and
``(5) to develop and implement professional development
programs for school personnel to heighten their awareness of,
and capacity to respond to, specific problems in the
education of homeless children and youth.
``(e) State and Local Grants.--(1)(A) Subject to
subparagraph (B), if the amount allotted to the State
educational agency for any fiscal year under this subtitle
exceeds the amount such agency received for fiscal year 1990
under this subtitle, such agency shall provide grants to
local educational agencies for purposes of section 723.
``(B) The State educational agency may reserve not more
than the greater of five percent of the amount it receives
under this subtitle for any fiscal year, or the amount such
agency received under this subtitle for fiscal year 1990, to
conduct activities under subsection (f) directly or through
grants or contracts.
``(2) If the amount allotted to a State educational agency
for any fiscal year under this subtitle is less than the
amount such agency received for fiscal year 1990 under this
subtitle, such agency, at its discretion, may provide such
grants or may conduct activities under subsection (f)
directly or through grants or contracts.
``(f) Functions of the Office of Coordinator.--The
Coordinator of Education of Homeless Children and Youth
established in each State shall--
``(1) estimate the number of homeless children and youth in
the State and the number of such children and youth served
with assistance provided under the grants under this
subtitle;
``(2) gather, to the extent possible, reliable, valid, and
comprehensive information on the nature and extent of the
problems homeless children and youth have in gaining access
to public preschool programs and to public elementary and
secondary schools, the difficulties in identifying the
special needs of such children and youth, any progress made
by the State educational agency and local educational
agencies in the State in addressing such problems and
difficulties, and the success of the program under this
subtitle in allowing homeless children and youth to enroll
in, attend, and succeed in school;
``(3) develop and carry out the State plan described in
subsection (g);
``(4) prepare and submit to the Secretary not later than
October 1, 1997, and on October 1 of every third year
thereafter, a report on the information gathered pursuant to
paragraphs (1) and (2) and such additional information as the
Secretary may require to carry out responsibilities under
this subtitle;
``(5) facilitate coordination between the State educational
agency, the State social services agency, and other agencies
providing services to homeless children and youth and their
families, including children who are preschool age; and
``(6) develop relationships and coordinate with other
relevant education, child development, or preschool programs
and providers of services to homeless children, homeless
families, and runaway and homeless youth (including domestic
violence agencies, shelter operators, transitional housing
facilities, runaway and homeless youth centers, and
transitional living programs for homeless youth), to improve
the provision of comprehensive services to homeless children
and youth and their families.
``(g) State Plan.--(1) Each State shall submit to the
Secretary a plan to provide for the education of homeless
children and youth within the State, which plan shall
describe how such children and youth are or will be given the
opportunity to meet the same challenging State performance
standards all students are expected to meet, shall describe
the procedures the State educational agency will use to
identify such children and youth in the State and to assess
their special needs, and shall--
``(A) describe procedures for the prompt resolution of
disputes regarding the educational placement of homeless
children and youth;
``(B) describe programs for school personnel (including
principals, attendance officers, teachers and enrollment
personnel), to heighten the awareness of such personnel of
the specific needs of runaway and homeless youth;
``(C) describe procedures that ensure that homeless
children and youth who meet the relevant eligibility criteria
are able to participate in Federal, State, or local food
programs;
``(D) describe procedures that ensure that--
``(i) homeless children have equal access to the same
public preschool programs, administered by the State agency,
as provided to other children; and
``(ii) homeless children and youth who meet the relevant
eligibility criteria are able to participate in Federal,
State, or local before- and after-school care programs;
``(E) address problems set forth in the report provided to
the Secretary under subsection (f)(4);
``(F) address other problems with respect to the education
of homeless children and youth, including problems caused
by--
``(i) transportation issues; and
``(ii) enrollment delays that are caused by--
``(I) immunization requirements;
``(II) residency requirements;
``(III) lack of birth certificates, school records, or
other documentation; or
``(IV) guardianship issues;
``(G) demonstrate that the State and local educational
agencies in the State have developed, and will review and
revise, policies to remove barriers to the enrollment and
retention of homeless children and youth in schools in the
State; and
``(H) contain an assurance that the State educational
agency and local educational agencies in the State will adopt
policies and practices to ensure that homeless children and
youth are not isolated or stigmatized.
``(2) Each plan adopted under this subsection shall also
show how the State will ensure that local educational
agencies in the State will comply with the requirements of
paragraphs (3) through (9).
``(3)(A) The local educational agency that serves each
homeless child and youth shall, according to the child's or
youth's best interest, either--
``(i) continue the child's or youth's education in the
school of origin--
``(I) for the remainder of the academic year; or
``(II) in any case in which a family becomes homeless
between academic years, for the following academic year; or
``(ii) enroll the child or youth in any public school that
nonhomeless students who live in the attendance area in which
the child or youth is actually living are eligible to attend.
``(B) In determining the best interests of the child or
youth under subparagraph (A), the local educational agency
shall comply with the request made by a parent or guardian
regarding school selection unless there is a compelling
reason for not complying with this request.
``(C) For purposes of this paragraph, the term `school of
origin' means the school that the child or youth attended
when permanently housed, or the school in which the child or
youth was last enrolled.
``(D) The choice regarding placement shall be made
regardless of whether the child or youth lives with the
homeless parents or has been temporarily placed elsewhere by
the parents.
``(4) Each homeless child or youth shall be provided
services comparable to services offered to other students in
the school selected according to the provisions of paragraph
(3), including--
``(A) transportation services;
``(B) educational services for which the child or youth
meets the eligibility criteria, such as services provided
under title I of the Elementary and Secondary Education Act
of 1965 or similar State or local programs, educational
programs for children with disabilities, and educational
programs for students with limited-English proficiency;
``(C) programs in vocational education;
``(D) programs for gifted and talented students; and
``(E) school meals programs.
``(5) Any record ordinarily kept by the school, including
immunization records, academic records, birth certificates,
guardianship records, and evaluations for special services or
programs, of each homeless child or youth shall be
maintained--
``(A) so that the records are available, in a timely
fashion, when a child or youth enters a new school district;
and
``(B) in a manner consistent with section 438 of the
General Education Provisions Act.
[[Page 569]]
``(6) Each local educational agency serving homeless
children and youth that receives assistance under this
subtitle shall coordinate with local social services agencies
and other agencies or programs providing services to such
children or youth and their families, including services and
programs funded under the Runaway and Homeless Youth Act.
``(7)(A) Each local educational agency in a State that
receives a grant under this subtitle shall designate a
homelessness liaison to ensure that--
``(i) homeless children and youth enroll and succeed in the
schools of such agency; and
``(ii) homeless families, children, and youth receive
educational services for which they are eligible, including
preschool programs administered by the local educational
agency, and referrals to health care services, dental
services, mental health services, and other appropriate
services.
``(B) State coordinators and local educational agencies
shall inform school personnel, service providers, and
advocates working with homeless families of the duties of the
liaisons.
``(8) Each State and local educational agency shall review
and revise any policies that may act as barriers to the
enrollment of homeless children and youth in schools selected
in accordance with paragraph (3). In reviewing and revising
such policies, consideration shall be given to issues
concerning transportation, immunization, residency, birth
certificates, school records, and other documentation, and
guardianship. Special attention shall be given to ensuring
the enrollment and attendance of homeless children and youth
who are not currently attending school.
``(9) A State and local eductional agency shall coordinate
with State and local housing agencies responsible for
developing the comprehensive housing affordability strategy.
Consideration shall be given to State and local housing and
shelter policies described in the Comprehensive Housing
Affordability Strategy to minimize educational disruption for
children who become homeless.
``SEC. 723. LOCAL EDUCATIONAL AGENCY GRANTS FOR THE EDUCATION
OF HOMELESS CHILDREN AND YOUTH.
``(a) General Authority.--(1) The State educational agency
shall, in accordance with section 722(e) and with amounts
made available to such agency under section 726, make grants
to local educational agencies for the purpose of facilitating
the enrollment, attendance, and success in school of homeless
children and youth.
``(2) Unless otherwise specified, services under paragraph
(1) may be provided through programs on school grounds or at
other facilities. Where services are provided through
programs to homeless students on school grounds, schools may
provide services to other children and youth who are
determined by the local educational agency to be at risk of
failing in, or dropping out of, schools, on an incidental
basis. To the maximum extent practicable, services shall be
provided through existing programs and mechanisms that
integrate homeless individuals with nonhomeless individuals.
``(3) Services provided under this section are not intended
to replace the regular academic program and shall be designed
to expand upon or improve services provided as part of the
school's regular academic program.
``(b) Application.--A local educational agency that desires
to receive a grant under this section shall submit an
application to the State educational agency at such time, in
such manner, and containing or accompanied by such
information as the State educational agency may reasonably
require according to guidelines issued by the Secretary. Each
such application shall include--
``(1) a description of the services and programs for which
assistance is sought and the problems to be addressed through
the provision of such services and programs;
``(2) an assurance that the local educational agency's
combined fiscal effort per student or the aggregate
expenditures of that agency and the State with respect to the
provision of free public education by such agency for the
preceding fiscal year was not less than 90 percent of such
combined fiscal effort or aggregate expenditures for the
second preceding fiscal year;
``(3) an assurance that the applicant complies with, or
will use requested funds to come into compliance with,
paragraphs (3) through (9) of section 722(g); and
``(4) a description of policies and procedures that the
agency will implement to ensure that activities carried out
by the agency will not isolate or stigmatize homeless
children and youth.
``(c) Awards.--(1) The State educational agency shall, in
accordance with section 722(g) and with amounts made
available to such agency under section 726, award grants
under this section to local educational agencies submitting
an application under subsection (b) on the basis of the need
of such agencies.
``(2) In determining need under paragraph (1), the State
educational agency may consider the number of homeless
children and youth enrolled in preschool, elementary, and
secondary schools within the area served by the agency, and
shall consider the needs of such children and youth and the
ability of the agency to meet such needs. Such agency may
also consider--
``(A) the extent to which the proposed use of funds would
facilitate the enrollment, retention, and educational success
of homeless children and youth;
``(B) the extent to which the application reflects
coordination with other local and State agencies that serve
homeless children and youth, as well as the State plan
required by section 722(g);
``(C) the extent to which the applicant exhibits in the
application and in current practice a commitment to education
for all homeless children and youth; and
``(D) such other criteria as the agency determines
appropriate.
``(3) Grants awarded under this section shall be for terms
not to exceed three years.
``(d) Authorized Activities.--(1) A local educational
agency may use funds awarded under this section for
activities to carry out the purpose of this subtitle,
including--
``(A) the provision of tutoring and accelerated instruction
and enriched educational services that are linked to the
achievement of the same challenging standards the State
establishes for other children or youth;
``(B) the provision of expedited evaluations of the
strengths and needs of homeless children and youth, including
needs and eligibility for programs and services (such as
educational programs for gifted and talented students,
children with disabilities, and students with limited-English
proficiency, services provided under title I of the
Elementary and Secondary Education Act of 1965 or similar
State or local programs, programs in vocational education,
and school meals programs);
``(C) professional development and other activities for
educators and other school personnel that is designed to
heighten the understanding and sensitivity of such personnel
to the needs of homeless children and youth, the rights of
such children and youth under this Act, and the specific
educational needs of runaway and homeless youth;
``(D) the provision of referral services to homeless
children and youth for medical, dental, mental, and other
health services;
``(E) the provision of assistance to defray the excess cost
of transportation for students pursuant to sections 722(g)(4)
or 722(g)(9), not otherwise provided through Federal, State,
or local funding, where necessary to enable students to
attend the school selected under section 722(g)(3);
``(F) the provision of developmentally appropriate early
childhood education programs, not otherwise provided through
Federal, State, or local funding, for preschool-aged
children;
``(G) the provision of before- and after-school, mentoring,
and summer programs for homeless children and youth in which
a teacher or other qualified individual provides tutoring,
homework assistance, and supervision of educational
activities;
``(H) where necessary, the payment of fees and other costs
associated with tracking, obtaining, and transferring records
necessary to enroll homeless children and youth in school,
including birth certificates, immunization records, academic
records, guardianship records, and evaluations for special
programs or services;
``(I) the provision of education and training to the
parents of homeless children and youth about the rights of,
and resources available to, such children and youth;
``(J) the development of coordination between schools and
agencies providing services to homeless children and youth,
including programs funded under the Runaway and Homeless
Youth Act;
``(K) the provision of counseling (including violence
prevention counseling), social work, and psychological
services, and referrals for such services;
``(L) activities to address the particular needs of
homeless children and youth that may arise from domestic
violence;
``(M) the adaptation of space and purchase of supplies for
nonschool facilities made available under subsection (a)(2)
to provide services under this subsection;
``(N) the provision of school supplies; and
``(O) the provision of other extraordinary or emergency
assistance needed to enable homeless children and youth to
attend school.
``SEC. 724. SECRETARIAL RESPONSIBILITIES.
``(a) Review of Plans.--In reviewing the State plans
submitted by the State educational agencies under section
722(g), the Secretary shall use a peer review process and
shall evaluate whether State laws, policies, and practices
described in such plans adequately address the problems of
homeless children and youth relating to access to education
and placement as described in such plans.
``(b) Technical Assistance.--The Secretary shall provide
support and technical assistance to the State educational
agencies to assist such agencies to carry out their
responsibilities under this subtitle.
``(c) Evaluation and Dissemination.--The Secretary shall
conduct evaluation and dissemination activities of programs
designed to meet the educational needs of homeless elementary
and secondary school students, and may use funds appropriated
under section 726 to conduct such activities.
``(d) Submission and Distribution.--The Secretary shall
require applications for grants under this subtitle to be
submitted to the Secretary not later than the expiration of
the 60-day period beginning on the date that funds are
available for purposes of making such grants and shall make
such grants not later than the expiration of the 120-day
period beginning on such date.
``(e) Determination by Secretary.--The Secretary, based on
the information received
[[Page 570]]
from the States and information gathered by the Secretary
under subsection (d), shall determine the extent to which
State educational agencies are ensuring that each homeless
child and homeless youth has access to a free appropriate
public education as described in section 721(1).
``(f) Reports.--The Secretary shall prepare and submit a
report to the Committee on Education and Labor of the House
of Representatives and the Committee on Labor and Human
Resources of the Senate on the programs and activities
authorized by this subtitle by December 31, 1997, and every
third year thereafter.
``SEC. 725. DEFINITIONS.
``For the purpose of this subtitle, unless otherwise
stated--
``(1) the term `Secretary' means the Secretary of
Education; and
``(2) the term `State' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this subtitle, there are
authorized to be appropriate $30,000,000 for fiscal year 1995
and such sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.''.
PART C--IMPACT AID STATUTES
SEC. 331. AMENDMENTS TO PUBLIC LAW 815.
(a) Section 1.--Section 1 of the Act of September 23, 1950
(Public Law 815, 81st Congress; 20 U.S.C. 631) is amended--
(1) by striking the 2nd sentence of subsection (a); and
(2) by amending subsection (b) to read as follows:
``(b) There are authorized to be appropriated to carry out
this Act $12,500,000 for fiscal year 1995 and such sums as
may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.''.
(b) Section 2.--Section 2 of such Act is amended to read as
follows:
``SEC. 2. PORTION OF APPROPRIATIONS AVAILABLE FOR PAYMENTS.
``For each fiscal year the Secretary shall distribute the
funds appropriated in accordance with section 1 which shall
be available for carrying out the provisions of sections 5,
9, 10, and 14. The funds provided under section 1 for the
schools serving military dependents and Indian lands shall be
divided equally between section 5 and section 14 of this Act.
Funds provided under section 5 of this Act shall be divided
equally between the priority categories of section 1(a)(1)
and 1(a)(2) of this Act.''.
(c) Section 3.--Section 3 of such Act (20 U.S.C. 633) is
amended to read as follows:
``SEC. 3. ESTABLISHMENT OF PRIORITIES.
``Applications for construction or modification projects
provided for under this Act must be filed by June 30 of the
fiscal year prior to the year in which funds are first
requested. The Secretary shall use the following order of
priority in approving applications under section 5 and funded
in accordance with section 1(a)(1) and section 1(a)(2) of
this Act. The priority of payment of application under
section 1(a)(1) shall be based on the highest percentage of
number of children in need of minimum school facilities. The
priority of payment of applications under section 1(a)(2)
shall be based on the highest percentage of federally
connected students eligible for payment. The Secretary shall
use the priorities stated in this section in approving
applications in the event the funds appropriated under
section 1 of this title and remaining available on any such
date for payment to local educational agencies are less than
the Federal share of the cost of the projects with respect to
which applications have been filed prior to such date (and
for which funds under section 1 have not already been
obligated). Only applications meeting the conditions for
approval under this Act (other than section 6(b)(2)(C)) shall
be considered applications for purposes of the preceding
sentence. Such order of priority shall provide that
applications payments based upon increases in the number of
children residing on, or residing with a parent employed on
property which is party of a low-rent housing project
assisted under the United States Housing Act of 1937 shall
not be approved for any fiscal year until all other
applications under paragraph (2) of subsection (a) of section
5 have been approved for the fiscal year.''.
(d) Section 5.--Section 5 of such Act (20 U.S.C. 635) is
amended to read as follows:
``SEC. 5. LIMITATION ON TOTAL PAYMENTS TO ANY LOCAL
EDUCATIONAL AGENCY.
``(a) Subject to the limitations in subsection (c) the
total of the payments to a local educational agency under
this Act may not exceed the sum of--
``(1) the estimated increase, since the base year, in the
number of children determined with respect to such agency who
live on Federal property and have a parent who works on
Federal property multiplied by 100 percent of the average per
pupil cost of constructing minimum school facilities in the
State in which the school district of such agency is
situated;
``(2) the estimated increase, since the base year, in the
number of children determined with respect to such agency who
have a parent who lives on or works on Federal property
multiplied by 50 percent of such cost; and
``(3) In computing for any local educational agency the
number of children in an increase under paragraph (1) or (2),
the estimated number of children described in such paragraph
who will be in the membership of the schools of such agency
at the close of the increase period shall be compared with
the estimated number of such children in average daily
membership of the schools of such agency during the base
year. However, the base year average daily membership shall
be adjusted to exclude the number of children that formed the
basis for previous payments on applications approved 30 or
more years prior to the close of the increased period for the
current application.
``(b) If two of the paragraphs of subsection (a) apply to a
child, the local educational agency shall elect which of such
paragraphs shall apply to such child, except that,
notwithstanding the election of a local educational agency to
have paragraph (2) apply to a child instead of paragraph (1),
the determination of the maximum amount for such agency under
subsection (a) shall be made without regard to such election.
``(c) A local educational agency shall not be eligible to
have any amount included in its maximum by reason of
paragraphs (1), (2), and (3) of subsection (a) unless the
increase in children referred to in such paragraph is at
least 20, and in the case of paragraphs (1), (2), and (3) of
subsection (a), is--
``(1) equal to at least 6 percent of the number of
federally connected children who were in the average daily
membership of the schools of such agency during the base
year, or
``(2) at least 750,
whichever is the lesser.
``(d) Notwithstanding the provisions of subsection (c) of
this section, whenever and to the extent that, in his
judgment, exceptional circumstances exist which make such
action necessary to avoid inequity and avoid defeating the
purposes of the Act, the Secretary may waive or reduce the
minimum number requirement or any percentage requirement or
requirements in subsection (c).
``(e) In determining under this section the total of the
payments which may be made to a local educational agency on
the basis of any application, the total number of children
counted for purposes of paragraph (1) or (2), as the case may
be, of subsection (a) may not exceed--
``(1) the number of children whose membership at the close
of the increase period for the application is compared with
average daily membership in the base period for purposes of
that paragraph, provided that the base year average daily
membership does not include any children which formed the
basis of payment in the applications approved 30 or more
years ago, minus
``(2) the number of such children whose membership at the
close of the increase period was compared with membership in
the base year for purposes of such paragraph under the last
previous application, provided the application was funded
within the last 4 years, if any, of the agency on the basis
of which any payments have been or may be made to that
agency.''.
(e) Section 6.--Section 6 of such Act (20 U.S.C. 636) is
amended by adding at the end the following new subsection:
``(d) If the application has not been funded within the 3-
year period, the local educational agency must recertify
their need to have the application remain active.''.
SEC. 332. REPEAL OF PUBLIC LAW 874.
The Act of September 30, 1950 (Public Law 874, 81st
Congress; 20 U.S.C. 236 et seq.) is hereby repealed.
PART D--AMENDMENTS TO ADULT EDUCATION ACT
SEC. 335. AMENDMENTS TO ADULT EDUCATION ACT.
(a) Section 342(c)(11) of the Adult Education Act is
amended by inserting ``Even Start,'' after ``1963,''.
(b) Section 384(n) is amended by striking ``and 1995'' and
inserting ``1995, and 1996''.
PART E--AMENDMENTS TO EDUCATION COUNCIL ACT OF 1991
SEC. 341. FINDINGS.
Section 201 of the Education Council Act of 1991 (hereafter
in this Act referred to as the ``Act'') is amended--
(1) by amending paragraph (2) to read as follows:
``(2) the writing problem has been magnified by the rapidly
changing student populations in the Nation's schools and the
growing number of students who are at risk because of
limited-English proficiency;'';
(2) in paragraph (6)--
(A) by inserting ``writing and reading are both fundamental
to learning, yet writing has been historically neglected in
the schools and colleges, and'' before ``most''; and
(B) by striking the comma before ``have'';
(3) by amending paragraph (10) to read as follows:
``(10) the National Writing Project has become a model for
programs to improve teaching in such other fields as
mathematics, science, history, literature, performing arts,
and foreign languages;'';
(4) by amending paragraph (15) to read as follows:
``(15) each year over 100,000 teachers voluntarily seek
training in National Writing Project intensive summer
institutes and workshops and school-year in-service programs
through one of the 154 regional sites located in 45 States,
the Commonwealth of Puerto Rico, and in 4 sites that serve
United States teachers teaching in United States dependent
and independent schools;'';
(5) by striking paragraph (17);
(6) by redesignating paragraph (18) as paragraph (17);
(7) in paragraph (17) (as redesignated in paragraph (6)),
by striking the period at the end thereof and inserting a
semicolon; and
[[Page 571]]
(8) by adding at the end the following new paragraphs:
``(18) independent evaluation studies have found the
National Writing Project to be highly cost effective compared
to other professional development programs for teachers; and
``(19) during 1991, the first year of Federal support for
the National Writing Project, the National Writing Project
matched the $1,951,975 in Federal support with $9,485,504 in
matching funds from State, local, and other sources.''.
SEC. 342. NATIONAL WRITING PROJECT.
Section 202 of the Act is amended--
(1) in subsection (d)--
(A) in paragraph (3)--
(i) by striking the subparagraph designation ``(A)''; and
(ii) by striking subparagraph (B); and
(B) by striking paragraph (4);
(2) in subsection (e)--
(A) in the matter preceding subparagraph (A) of paragraph
(1), by striking ``to enable'' and inserting ``to pay the
Federal share of the cost of enabling''; and
(B) by adding at the end the following new paragraph:
``(4) Federal share.--For the purpose of this subsection
the term `Federal share' means, with respect to the costs of
activities assisted under this subsection, 50 percent of such
costs to the elementary or secondary school teacher.'';
(3) by amending subsection (g) to read as follows:
``(g) Evaluation.--
``(1) In general.--The Secretary shall conduct an
independent evaluation of the teacher training programs
assisted under this section. Such evaluation shall specify
the amount of funds expended by the National Writing Project
and each contractor receiving assistance under this section.
The results of such evaluation shall be made available to the
appropriate committees of the Congress.
``(2) Funding limitation.--The Secretary shall reserve not
more than $150,000 from the total amount appropriated
pursuant to the authority of subsection (i) for fiscal year
1994 and the 4 succeeding fiscal years to conduct the
evaluation described in paragraph (1).'';
(4) by amending subsection (h) to read as follows:
``(h) Research and Development Activities.--
``(1) Grants authorized.--From amounts appropriated
pursuant to the authority of subsection (i)(2), the National
Writing Project shall make grants to individuals and
institutions of higher education that either have
participated in a National Writing Project institute or are
institutions designated as National Writing Project sites, to
enable such individuals and institutions to conduct research
activities involving the teaching of writing.
``(2) Application review.--The National Writing Project
shall establish and operate a National Review Board that
shall consist of--
``(A) leaders in the field of research in writing; and
``(B) such other individuals as the National Writing
Project deems necessary.
``(3) Duties.--The National Review Board shall--
``(A) review all applications for assistance under this
subsection; and
``(B) recommended applications for assistance under this
subsection for funding by the National Writing Project.
``(4) Junior researcher priority and funding rule.--(A) In
awarding grants pursuant to paragraph (1), the National
Writing Project shall give priority to awarding such grants
to junior researchers.
``(B) The National Writing Project shall award not less
than 25 percent of the funds received pursuant to subsection
(i)(2) to junior researchers.
``(5) Availability of findings.--The National Writing
Project shall make available to the Secretary and to the
network of National Writing Project sites the findings of the
research conducted pursuant to the authority of paragraph
(1).''; and
(5) in subsection (i)--
(A) in paragraph (1)--
(i) by striking ``1991'' and inserting ``1994''; and
(ii) by striking ``fiscal years 1992 and 1993'' and
inserting ``each of the 4 succeeding fiscal years''; and
(B) by amending paragraph (2) to read as follows:
``(2) Research and development.--In each fiscal year in
which the amount appropriated pursuant to the authority of
paragraph (1) equals or exceeds $10,000,000, there are
authorized to be appropriated $500,000 to carry out the
provisions of subsection (h).''.
PART F--AMENDMENTS TO STATUTES PERTAINING TO INDIAN EDUCATION
SEC. 351. BUREAU OF INDIAN AFFAIRS.
Part B of title XI of Public Law 95-561 (25 U.S.C. 2001 et
seq.) is amended to read as follows:
``PART B--BUREAU OF INDIAN AFFAIRS PROGRAMS
``SEC. 1121. STANDARDS FOR THE BASIC EDUCATION OF INDIAN
CHILDREN IN BUREAU OF INDIAN AFFAIRS SCHOOLS.
``(a) The purpose of the standards developed under this
section shall be to afford Indian students being served by a
Bureau funded school with the same opportunities as all other
students to achieve the high goals embodied in the Goals
2000: Educate America Act. Consistent with the provisions of
this section and section 1131 of this part, the Secretary
shall take such actions as are necessary to coordinate
standards developed and implemented under this section with
those in the State plans developed and implemented pursuant
to the Goals 2000: Educate America Act for the States in
which each Bureau funded school operates. In developing and
reviewing these standards and such coordination, the
Secretary shall utilize the findings and recommendations of
the panel established by the Goals 2000: Educate America Act.
``(b) The Secretary, in consultation with the Secretary of
Education, and in consultation with Indian organizations and
tribes, shall carry out or cause to be carried out by
contract with an Indian organization such studies and
surveys, making the fullest use possible of other existing
studies, surveys, and plans, as are necessary to establish
and revise standards for the basic education of Indian
children attending Bureau funded schools. Such studies and
surveys shall take into account factors such as academic
needs, local cultural differences, type and level of language
skills, geographic isolation, and appropriate teacher-student
ratios for such children, and shall be directed toward the
attainment of equal eductional opportunity for such children.
``(c)(1) Within 18 months of the date of enactment of this
Act, the Secretary shall revise the minimum academic
standards published in the Federal Register of November 1983
for the basic education of Indian children which are
consistent with subsections (a) and (b) of this section and
section 1131, and shall distribute such revised standards in
the Federal Register for the purpose of receiving comments
from the tribes and other interested parties. Within 21
months of the date of enactment of the Elementary and
Secondary Education Act Amendments of 1993, the Secretary
shall establish final standards, distribute such standards to
all the tribes and publish such standards in the Federal
Register. The Secretary shall revise such standards
periodically as necessary. Prior to any revision of such
standards, the Secretary shall distribute such proposed
revision to all the tribes, and publish such proposed
revision in the Federal Register, for the purpose of
receiving comments from the tribes and other interested
parties.
``(2) Such standards shall apply to Bureau schools, and
subject to subsection (f), to contract and grant schools, and
may also serve as a model for educational programs for Indian
children in public schools. In establishing and revising such
standards, the Secretary shall take into account the special
needs of Indian students and the support and reinforcement of
the specific cultural heritage of each tribe. Such standards
shall include a requirement, developed in coordination with
Indian tribes, the affected local school boards, the Indian
Health Service of the Department of Health and Human
Services, the State health departments, and the Centers for
Disease Control and Prevention, on immunization for childhood
diseases, including provisions for in-school immunization,
where necessary.
``(d) The Secretary shall provide alternative or modified
standards in lieu of the standards established under
subsection (c), where necessary, so that the programs of each
school shall be in compliance with the minimum standards
required for accreditation of schools in the State where the
school is located.
``(e) A tribal governing body, or the local school board so
designated by the tribal governing body, shall have the local
authority to waive, in part or in whole, the standards
established under subsections (c) and (d), where such
standards are deemed by such body to be inappropriate or ill-
conceived. The tribal governing body or designated school
board shall, within 60 days thereafter, submit to the
Secretary a proposal for alternative standards that takes
into account the specific needs of the tribe's children. Such
revised standards shall be established by the Secretary
unless specifically rejected by the Secretary for good cause
and in writing to the affected tribes or local school board,
which rejection shall be final and unreviewable.
``(f)(1) The Secretary, through contracting and grant-
making procedures, shall assist school boards of contract and
grant schools in the implementation of the standards
established under subsection (c) and (d), if the school
boards request that such standards, in part or in whole, be
implemented. At the request of a contract or grant school
board, the Secretary shall provide alternative or modified
standards for the standards established under subsections (c)
and (d) to take into account the needs of the Indian children
and the contract or grant school.
``(2) Within 1 year of the date of the enactment of the
Indian Education Technical Amendments Act of 1985, the Bureau
shall, either directly or through contract with an Indian
organization, establish a consistent system of reporting
standards for fiscal control and fund accounting for all
contract schools. Such standards shall yield data results
comparable to those used by Bureau schools.
``(g) Subject to subsections (e) and (f), the Secretary
shall begin to implement the standards established under this
section immediately upon the date of their establishment. No
later than January 1, 1995, and at each time thereafter that
the annual budget request for Bureau educational services is
presented, the Secretary shall submit to the appropriate
committees of Congress a detailed plan to bring all Bureau
and contract and grant schools up to the level required by
the applicable standards established under this section. Such
plan shall include, but not
[[Page 572]]
be limited to, detailed information on the status of each
school's educational program in relation to the applicable
standards established under this section, specific cost
estimates for meeting such standards at each school, and
specific time lines for bringing each school up to the level
required by such standards.
``(h)(1) Except as specifically required by statute, no
school or peripheral dormitory operated by the Bureau of
Indian Affairs on or after January 1, 1992, may be closed or
consolidated or have its program substantially curtailed
unless done according to the requirements of this subsection,
except that, in those cases where the tribal governing body,
or the local school board concerned (if so designated by the
tribal governing body), requests closure or consolidation,
the requirements of this subsection shall not apply. The
requirements of this subsection shall not apply when a
temporary closure, consolidation, or substantial curtailment
is required by plant conditions which constitute an immediate
hazard to health and safety.
``(2) The Secretary shall, by regulation, promulgate
standards and procedures for the closing, consolidation, or
substantial curtailment of Bureau schools in accordance with
the requirements of this subsection.
``(3) Whenever closure, transfer to any other authority,
consolidation, or substantial curtailment of a school is
under active consideration or review by any division of the
Bureau or the Department of the Interior, the affected tribe,
tribal governing body, and designated local school board,
will be notified as soon as such consideration or review
begins, kept fully and currently informed, and afforded an
opportunity to comment with respect to such consideration or
review. When a formal decision is made to close, transfer to
any other authority, consolidate, or substantially curtail a
school, the affected tribe, tribal governing body, and
designated local school board shall be notified at least 6
months prior to the end of the school year preceding the
proposed effective date. Copies of any such notices and
information shall be transmitted promptly to the Congress and
published in the Federal Register.
``(4) The Secretary shall make a report to Congress, the
affected tribe, and the designated local school board
describing the process of the active consideration or review
referred to in paragraph (3). At a minimum, the report shall
include a study of the impact of such action on the student
population, with every effort to identify those students with
particular educational and social needs, and to ensure that
alternative services are available to such students. Such
report shall include the description of the consultation
conducted between the potential service provider, current
service provider, parents, tribal representative and the
tribe or tribes involved, and the Director of the Office of
Indian Education Programs within the Bureau regarding such
students. No irreversible action may be taken in furtherance
of any such proposed school closure, transfer to any other
authority, consolidation, or substantial curtailment
(including any action which would prejudice the personnel or
programs of such school) until the end of the first full
academic year after such report is made.
``(5) The Secretary may terminate, contract, transfer to
any other authority, or consolidate or substantially curtail
the operation or facilities of--
``(A) any Bureau funded school that is operated on or after
April 1, 1987,
``(B) any program of such a school that is operated on or
after April 1, 1987, or
``(C) any school board of a school operated under a grant
under the Tribally Controlled Schools Act of 1988 (Public Law
100-297),
only if the tribal governing body approves such action.
``(i) There are hereby authorized to be appropriated such
sums as may be necessary, for academic program costs, in
order to bring all Bureau and contract schools up to the
level required by the applicable standards established under
this section.
``(j)(1) All schools funded by the Bureau of Indian Affairs
shall include within their curriculum a program of
instruction relating to alcohol and substance abuse
prevention and treatment. The Assistant Secretary shall
provide the technical assistance necessary to develop and
implement such a program for students in kindergarten and
grades 1 through 12, at the request of--
``(A) any Bureau of Indian Affairs school (subject to the
approval of the school board of such school);
``(B) any school board of a school operating under a
contract entered into under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.); or
``(C) any school board of a school operating under a grant
under the Tribally Controlled Schools Act of 1988 (Public Law
100-297).
``(2) In schools operated directly by the Bureau of Indian
Affairs, the Secretary shall provide for--
``(A) accurate reporting of all incidents relating to
alcohol and substance abuse; and
``(B) individual student crisis intervention.
``(3) The programs requested under paragraph (1) shall be
developed in consultation with the Indian tribe that is to be
served by such program and health personnel in the local
community of such tribe.
``(4) Schools requesting program assistance under this
subsection are encouraged to involve family units and, where
appropriate, tribal elders and Native healers in such
instructions.
``(k) For purposes of this section, the term `tribal
governing body' means, with respect to any school, the tribal
governing body, or tribal governing bodies, that represent at
least 90 percent of the students served by such school.
``(l)(1)(A) The Secretary shall only consider the factors
described in subparagraphs (B) and (C) in reviewing--
``(i) applications from any tribe for the awarding of a
contract or grant for a school that is not a Bureau funded
school, and
``(ii) applications from any tribe or school board of any
Bureau funded school for--
``(I) a school which is not a Bureau funded school; or
``(II) the expansion of a Bureau funded school which would
increase the amount of funds received by the Indian tribe or
school board under section 1127.
The Secretary shall give consideration to all of such
factors, but none of such applications may be denied based
primarily upon the geographic proximity of public education.
``(B) The Secretary shall consider the following factors
relating to the program that is the subject of an application
described in subparagraph (A):
``(i) The adequacy of facilities or the potential to obtain
or provide adequate facilities.
``(ii) Geographic and demographic factors in the affected
areas,
``(iii) Adequacy of the applicant's program plans or, in
the case of a Bureau funded school, of projected needs
analysis done either by a tribe or by Bureau personnel.
``(iv) Geographic proximity of comparable public education.
``(v) The stated needs of all affected parties, including
(but not limited to) students, families, tribal governments
at both the central and local levels, and school
organizations.
``(C) The Secretary shall consider with respect to
applications described in subparagraph (A) the following
factors relating to all the educational services available at
the time the application is considered:
``(i) Geographic and demographic factors in the affected
areas.
``(ii) Adequacy and comparability of programs already
available.
``(iii) Consistency of available programs with tribal
educational codes or tribal legislation on education.
``(iv) The history and success of these services for the
proposed population to be served, as determined from all
factors and not just standardized examination performance.
``(2)(A) The Secretary shall make a determination of
whether to approve any application described in paragraph
(1)(A) by no later than the date that is 180 days after the
day on which such application is submitted to the Secretary.
``(B) If the Secretary fails to make the determination
described in subparagraph (A) with respect to an application
by the date described in subparagraph (A), the application
shall be treated as having been approved by the Secretary.
``(3)(A) Any application described in paragraph (1)(A) may
be submitted to the Secretary only if--
``(i) the application has been approved by the tribal
governing body of the students served by (or to be served by)
the school or program that is the subject of the application,
and
``(ii) written evidence of such approval is submitted with
the application.
``(B) Each application described in paragraph (1)(A)--
``(i) shall provide information concerning each of the
factors described in paragraph (1)(B), and
``(ii) may provide information concerning the factors
described in paragraph (1)(C).
``(4) Whenever the Secretary makes a determination to deny
approval of any application described in paragraph (1)(A),
the Secretary shall--
``(A) state the objections in writing to the applicant by
no later than the date that is 180 days after the day on
which the application is submitted to the Secretary,
``(B) provide assistance to the applicant to overcome
stated objections, and
``(C) provide the applicant a hearing, under the same rules
and regulations pertaining to the Indian Self-Determination
and Education Assistance Act, and an opportunity to appeal
the objections raised by the Secretary.
``(5)(A) Except as otherwise provided in this paragraph,
the action which is the subject of any application described
in paragraph (1)(A) that is approved by the Secretary shall
become effective with the commencement of the academic year
succeeding the fiscal year in which the application is
approved, or at an earlier date determined by the Secretary.
``(B) If an application is treated as having been approved
by the Secretary by reason of paragraph (2)(B), the action
that is the subject of the application shall become effective
on the date that is 18 months after the date on which the
application is submitted to the Secretary, or at an earlier
date determined by the Secretary.
``SEC. 1122. NATIONAL CRITERIA FOR DORMITORY SITUATIONS.
``(a) The Secretary, in consultation with the Secretary of
the Department of Education, and in consultation with Indian
organizations and tribes, shall conduct or cause to be
conducted by contract with an Indian organization, a study of
the costs applicable to boarding arrangements for Indian
students provided in Bureau and contract and
[[Page 573]]
grant schools, for the purpose of establishing national
criteria for such dormitory situations. Such criteria shall
include adult-child ratios, needs for counselors (including
special needs related to off-reservation boarding
arrangements), space, and privacy.
``(b) No later than January 1, 1996, the Secretary shall
propose such criteria, and shall distribute such proposed
criteria to the tribes and publish such proposed criteria in
the Federal Register for the purpose of receiving comments
from the tribes and other interested parties. Within eighteen
months of the date of the enactment of this Act, the
Secretary shall establish final criteria, distribute such
criteria to all the tribes, and publish such criteria in the
Federal Register. The Secretary shall revise such criteria
periodically as necessary. Any revisions to the standards
established under this section shall be developed subject to
requirements established under section 1131.
``(c) The Secretary shall begin to implement the criteria
established under this section immediately upon the date of
their establishment. No later than January 1, 1981, and at
each time thereafter that the annual budget request for
Bureau educational services is presented, the Secretary shall
submit to the appropriate committees of Congress a detailed
plan to bring all Bureau and contract boarding schools up to
the criteria established under this section. Such plan shall
include, but not be limited to, predictions for the relative
need for each boarding school in the future, detailed
information on the status of each school in relation to the
criteria established under this section, specific cost
estimates for meeting such criteria at each school, and
specific time lines for bringing each school up to the level
required by such criteria.
``(d)(1) The criteria established under this section may be
waived in the same manner as the standards provided under
section 1121(c) may be waived under section 1121(e).
``(2) No school in operation on or before January 1, 1987
(regardless of compliance or noncompliance with the criteria
established under this section) may be closed, transferred to
another authority, consolidated or have its program
substantially curtailed for failure to meet the criteria.
``(3) By no later than May 1, 1996, the Secretary shall
submit to the Congress a report detailing the costs
associated with, and the actions necessary for, complete
compliance with the criteria established under this section.
``(e) There are hereby authorized to be appropriated such
sums as may be necessary in order to bring each school up to
the level required by the criteria established under this
section.
``SEC. 1123. REGULATIONS.
``(a) The provisions of part 32 of title 25 of the Code of
Federal Regulations, as in effect on January 1, 1987, are
hereby incorporated into this Act and shall be treated as
though such provisions are set forth in this subsection.
Accordingly, such provisions may be altered only by means of
an amendment to this subsection that is contained in an Act
or joint resolution which is enacted into law. To the extent
that such provisions of part 32 do not conform with this Act
or any statutory provision of law enacted before the date of
enactment of this Act, the provisions of this Act and the
provisions of such other statutory law shall govern.
``(b) The provisions of parts 31, 33, 36, 39, 42, and 43 of
title 25 of the Code of Federal Regulations, as in effect on
January 1, 1987, shall be applied by the Federal Government
and shall not, before July 1, 1989, be amended, revoked, or
altered in any manner. No officer or employee of the
Executive Branch shall have the authority to issue any other
regulations, prior to July 1, 1989, that supersede,
supplement, or otherwise affect the provisions of such parts.
To the extent that the provisions of such parts do not
conform with this Act or any statutory provision of law
enacted before the date of enactment of this Act, the
provisions of this Act and the provisions of such other
statutory law shall govern.
``(c) After June 30, 1989, no regulation prescribed for the
application of any program provided under this title shall
become effective unless--
``(1) the regulation has been published as a proposed
regulation in the Federal Register,
``(2) an opportunity of no less than 90 days has been
afforded the public to comment on the published proposed
regulation, and
``(3) the regulation has, after such period for public
comment, been published in the Federal Register as a final
regulation.
``(d) For purposes of this section, the term `regulation'
means any rules, regulations, guidelines, interpretations,
orders, or requirements of general applicability prescribed
by any officer or employee of the Executive Branch.
``SEC. 1124. SCHOOL BOUNDARIES.
``(a) The Secretary shall, in accordance with this section,
establish separate geographical attendance areas for each
Bureau school.
``(b)(1) Except as provided in paragraph (2), on or after
July 1, 1985, no attendance area shall be changed or
established with respect to any such school unless the tribal
governing body or the local school board concerned (if so
designated by the tribal governing body) has been (i)
afforded at least six months notice of the intention of the
Bureau to change or establish such attendance area, and (ii)
given the opportunity to propose alternative boundaries. Any
tribe may petition the Secretary for revision of existing
attendance area boundaries. The Secretary shall accept such
proposed alternative or revised boundaries unless the
Secretary finds, after consultation with the affected tribe
or tribes, that such revised boundaries do not reflect the
needs of the Indian students to be served or do not provide
adequate stability to all of the affected programs.
``(2) In any case where there is more than 1 Bureau funded
school located on an Indian reservation, at the direction of
the tribal governing body, the relevant school boards of the
Bureau funded schools on the reservation may, by mutual
consent, establish the relevant attendance areas for such
schools, subject to the approval of the tribal governing
body. Any such boundaries so established shall be accepted by
the Secretary.
``(c) In any case where there is only 1 Bureau operated
program located on an Indian reservation, the attendance area
for the program shall be the boundaries of the reservation
served, and those students residing near the reservation
shall also receive services from such program.
``(d) The Bureau of Indian Affairs shall include in the
final rules the requirement that each appropriate education
line officer coordinate and consult with the affected tribes
and relevant school boards in the establishment of such
geographic boundaries.
``SEC. 1125. FACILITIES CONSTRUCTION.
``(a) The Secretary shall immediately begin to bring all
schools, dormitories, and other facilities operated by the
Bureau or under contract or grant with the Bureau in
connection with the education of Indian children into
compliance with all applicable Federal, tribal, or State
health and safety standards, whichever provide greater
protection (except that the tribal standards to be applied
shall be no greater than any otherwise applicable Federal or
State standards), and with section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794) and with the Americans with
Disabilities Act of 1990, except that nothing in this section
shall require termination of the operations of any facility
which does not comply with such provisions and which is in
use on the date of enactment of this Act.
``(b) By January 1, 1996, and at each time thereafter that
the annual budget request for Bureau educational services is
presented, the Secretary shall submit to the appropriate
committees of Congress a detailed plan to bring such
facilities into compliance with such standards. Such plan
shall include, but not be limited to, detailed information on
the status of each facility's compliance with such standards,
specific cost estimates for meeting such standards at each
school, and specific time lines for bringing each school into
compliance with such standards.
``(c) Within six months of the date of enactment of this
Act, the Secretary shall submit to the appropriate committees
of Congress, and publish in the Federal Register, the system
used to establish priorities for school construction
projects. At the time any budget request for school
construction is presented, the Secretary shall publish in the
Federal Register and submit with the budget request the
current list of all school construction priorities.
``(d)(1) A Bureau school may be closed or consolidated, and
the programs of a Bureau school may be substantially
curtailed, by reason of plant conditions that constitute an
immediate hazard to health and safety only if a health and
safety officer of the Bureau determines that such conditions
exist at the Bureau school.
``(2)(A) In making determinations described in paragraph
(1) before July 1, 1989, health and safety officers of the
Bureau shall use the health and safety guidelines of the
Bureau that were in effect on January 1, 1988.
``(B)(i) If--
``(I) the Secretary fails to publish in the Federal
Register in final form before July 1, 1989, and
``(II) action described in paragraph (1) is taken after
June 30, 1989, and before the date on which such regulations
are published in final form in the Federal Register by reason
of the condition of any plant,
an inspection of the condition of such plant shall be
conducted by an appropriate tribal, county, municipal, or
State health and safety officer to determine whether
conditions at such plant constitute an immediate hazard to
health and safety. Such inspection shall be completed by no
later than the date that is 30 days after the date on which
the action described in paragraph (1) is taken.
``(ii) The inspection required under clause (i) shall be
conducted by a health and safety officer designated jointly
by the Secretary and the tribes affected by the action
described in paragraph (1). If the Secretary and such tribes
are unable to agree on the designation of the health and
safety officer, the Secretary shall designate the health and
safety officer and shall provide notice of such designation
to each of such tribes before the inspection is conducted by
such officer.
``(iii) If the health and safety officer conducting an
inspection of a plant required under clause (i) determines
that conditions at the plant do not constitute an immediate
hazard to health and safety, any consolidation or curtailment
that was made by reason of conditions at the plant shall
immediately cease and any school closed by reason of
conditions at the plant shall be reopened immediately.
``(3) If--
``(A) a Bureau school is temporarily closed or
consolidated, or the programs of a Bureau school are
substantially curtailed, by reason
[[Page 574]]
of plant conditions that constitute an immediate hazard to
health and safety, and
``(B) the Secretary estimates that the closure,
consolidation, or curtailment will be more than 1 year in
duration,
the Secretary shall submit to the Congress, by no later than
the date that is 6 months after the date on which the
closure, consolidation, or curtailment is initiated, a report
which sets forth the reasons for such temporary actions and
the actions the Secretary is taking to eliminate the
conditions that constitute the hazard.
``(e) There are hereby authorized to be appropriated such
sums as may be necessary to carry out subsection (a).
``SEC. 1126. BUREAU OF INDIAN AFFAIRS EDUCATION FUNCTIONS.
``(a) The Secretary shall vest in the Assistant Secretary
for Indian Affairs all functions with respect to formulation
and establishment of policy and procedure, and supervision of
programs and expenditures of Federal funds for the purpose of
Indian education administered by the Bureau. The Assistant
Secretary shall carry out such functions through the Director
of the Office of Indian Education.
``(b) The Director of the Office shall direct and supervise
the operations of all personnel directly and substantially
involved with provision of education services by the Bureau,
including (but not limited to) school or institution
custodial or maintenance personnel. The Assistant Secretary
for Indian Affairs shall provide for the adequate
coordination between the affected Bureau Offices and the
Office to facilitate the consideration of all contract
functions relating to education. Except as required by
section 1129(d), nothing in this Act shall be construed to
require the provision of separate support services for Indian
education.
``(c) Education personnel who are under the direction and
supervision of the Director of the Office in accordance with
the first sentence of subsection (b) shall--
``(1) monitor and evaluate Bureau education programs,
``(2) provide all services and support functions for
education programs with respect to personnel matters
involving staffing actions and functions, and
``(3) provide technical and coordinating assistance in
areas such as procurement, contracting, budgeting, personnel,
and curriculum.
``(d)(1) The Assistant Secretary shall submit in the annual
Budget a plan--
``(A) for school facilities to be constructed under the
system required by section 1125(c);
``(B) for establishing priorities among projects and for
the improvement and repair of education facilities, which
together shall form the basis for the distribution of
appropriated funds; and
``(C) including a 5-year plan for capital improvements.
``(2) The Assistant Secretary shall establish a program,
including the distribution of appropriated funds, for the
operation and maintenance of education facilities. Such
program shall include, but not be limited to--
``(A) a method of computing the amount necessary for each
education facility;
``(B) similar treatment of all Bureau funded schools;
``(C) a notice of an allocation of appropriated funds from
the Director of the Office directly to the appropriate
education line officers; and
``(D) a system for the conduct of routine preventive
maintenance.
The appropriate education line officers shall make
arrangements for the maintenance of education facilities with
the local supervisors of the Bureau maintenance personnel who
are under the authority of the agency superintendent or area
directors, respectively. The local supervisors of Bureau
maintenance personnel shall take appropriate action to
implement the decisions made in this regard by the
appropriate education line officers, except that no funds
from this program may be authorized for expenditure unless
such appropriate education line officer is assured that the
necessary maintenance has been, or will be, provided in a
reasonable manner. Subject to the requirements of subsection
(b) of this section, nothing in this Act shall be construed
to require the provision of separate operations and
maintenance personnel for the Office.
``(3) The requirements of this subsection shall be
implemented no later than July 1, 1995.
``(e) Any other provision of law notwithstanding, the
Director shall promulgate guidelines for the establishment of
mechanisms for the acceptance of gifts and bequests for the
use of, and benefit of, particular schools or designated
Bureau operated education programs, including, where
appropriate, the establishment and administration of trust
funds. When a Bureau operated program is the beneficiary of
such a gift or bequest, the Director shall make provisions
for monitoring its use, and shall report to the appropriate
committees of Congress the amount and terms of such gift and
bequest, the use to which it is put, and any positive results
achieved by such action.
``(f) For the purpose of this section the term `functions'
includes powers and duties.
``SEC. 1127. ALLOTMENT FORMULA.
``(a) The Secretary shall establish, by regulation adopted
in accordance with section 1139, a formula for determining
the minimum annual amount of funds necessary to sustain each
Bureau funded school. In establishing such formula, the
Secretary shall consider--
``(1) the number of eligible Indian students served and
size of the school;
``(2) special cost factors, such as--
``(A) isolation of the school;
``(B) need for special staffing, transportation, or
educational programs;
``(C) food and housing costs;
``(D) maintenance and repair costs associated with the
physical condition of the educational facilities;
``(E) special transportation and other costs of isolated
and small schools;
``(F) the costs of boarding arrangements, where determined
necessary by a tribal governing body or designated local
school board;
``(G) costs associated with greater lengths of service by
educational personnel; and
``(H) special programs for gifted and talented students;
``(3) the cost of providing academic services which are at
least equivalent to those provided by public schools in the
State in which the school is located; and
``(4) such other relevant factors as the Secretary
determines are appropriate.
Upon the establishment of the standards required by sections
1121 and 1122 of this Act, the Secretary shall revise the
formula established under this subsection to reflect the cost
and funding standards so established. Prior to January 1,
1995, the Secretary shall review the formula established
under this section and shall take such steps as may be
necessary to increase the availability of counseling services
for students in off-reservation boarding schools and other
Bureau operated residential facilities. Concurrent with such
action, the Secretary shall review the standards established
under section 1121 of this title to be certain that adequate
provision is made for parental notification regarding, and
consent for, such counseling services.
``(b) Notwithstanding any other provisions of law, Federal
funds appropriated for the general local operation of Bureau
funded schools, shall be allotted pro rata in accordance with
the formula established under subsection (a).
``(c)(1) For fiscal year 1990, and for each subsequent
fiscal year, the Secretary shall adjust the formula
established under subsection (a) to--
``(A) use a weighted unit of 1.2 for each eligible Indian
student enrolled in the seventh and eighth grades of the
school in considering the number of eligible Indian students
served by the school;
``(B) consider a school with an enrollment of less than 50
eligible Indian students as having an average daily
attendance of 50 eligible Indian students for purposes of
implementing the adjustment factor for small schools; and
``(C) take into account the provision of residential
services on a less than 9-month basis at a school when the
school board and supervisor of the school determine that a
less than 9-month basis will be implemented for the school
year involved.
``(2)(A) The Secretary shall reserve for national school
board training 0.2 percent of the funds appropriated for each
fiscal year for distribution under this section. Such
training shall be conducted through the same organizations
through which, and in the same manner in which, the training
was conducted in fiscal year 1992. If the contract for such
training is not awarded before May 1 of each fiscal year, the
contract under which such training was provided for the
fiscal year preceding such fiscal year shall be renewed by
the Secretary for such fiscal year. The agenda for the
training sessions shall be established by the school boards
through their regional or national organizations.
``(B) For each year in which the Secretary uses a weighted
unit formula established under subsection (a) to fund Bureau
schools, a Bureau school which generates less than 168
weighted units shall receive an additional 2 weighted units
to defray school board activities.
``(C) From the funds allotted in accordance with the
formula established under subsection (a) for each Bureau
school, the local school board of such school may reserve an
amount which does not exceed the greater of--
``(i) $5,000, or
``(ii) the lesser of--
``(I) $15,000, or
``(II) 1 percent of such allotted funds,
for school board activities for such school, including but
not limited to, and notwithstanding any other provision of
law, meeting expenses and the cost of membership in, and
support of, organizations engaged in activities on behalf of
Indian education.
``(3)(A) The Secretary shall adjust the formula established
under subsection (a) to use a weighted unit of 2.0 for each
eligible Indian student that--
``(i) is gifted and talented (as determined pursuant to
section 6204 of the Indian Education Act of 1988), and
``(ii) is enrolled in the school on a full-time basis,
in considering the number of eligible Indian students served
by the school.
``(B) The adjustment required under subparagraph (A) shall
be used for the later of the following fiscal years and for
each fiscal year succeeding such later fiscal year--
``(i) the second fiscal year succeeding the fiscal year in
which the Secretary of Education makes the report required
under section 6204(c)(6)(B) of the Indian Education Act of
1988, or
``(ii) the first fiscal year for which an increase in the
amount of funds appropriated for allotment under this section
is designated by the law that appropriates such
[[Page 575]]
funds as the amount necessary to implement such adjustment
without reducing allotments made under this section to any
school.
``(d) The Secretary shall reserve from the funds available
for distribution for each fiscal year under this section an
amount which, in the aggregate, shall equal 1 percent of the
funds available for such purpose for that fiscal year. Such
funds shall be used, at the discretion of the Director of the
Office, to meet emergencies and unforeseen contingencies
affecting the education programs funded under this section.
Funds reserved under this subsection may only be expended for
education services or programs at a schoolsite (as defined in
section 5204(c)(2) of the Tribally Controlled Schools Act of
1988). Funds reserved under this subsection shall remain
available without fiscal year limitation until expended.
However, the aggregate amount available from all fiscal years
may not exceed 1 percent of the current year funds. Whenever
the Secretary makes funds available under this subsection,
the Secretary shall report such action to the appropriate
committees of Congress within the annual budget submission.
``(e) Supplemental appropriations enacted to meet increased
pay costs attributable to school level personnel shall be
distributed under this section.
``(f) In this section `eligible Indian student' means a
student who--
``(1) is a member of or is at least a \1/4\ degree Indian
blood descendant of a member of an Indian tribe which is
eligible for the special programs and services provided by
the United States through the Bureau of Indian Affairs to
Indians because of their status as Indians, and
``(2) resides on or near an Indian reservation or meets the
criteria for attendance at a Bureau off-reservation boarding
school.
``(g)(1) An eligible Indian student may not be charged
tuition for attendance at a Bureau or contract school. A
student attending a Bureau school under clause (2)(C) of this
subsection may not be charged tuition.
``(2) The Secretary may permit the attendance at a Bureau
school of a student who is not an eligible Indian student
if--
``(A) the Secretary determines that the student's
attendance will not adversely affect the school's program for
eligible Indian students because of cost, overcrowding, or
violation of standards,
``(B) the school board consents, and
``(C) the student is a dependent of a Bureau, Indian Health
Service, or tribal government employee who lives on or near
the school site, or
``(D) a tuition is paid for the student that is not more
than that charged by the nearest public school district for
out-of-district students. The tuition collected is in
addition to the school's allocation under this section.
``(3) The school board of a contract school or grant school
may permit students who are not eligible Indian students
under this subsection to attend its contract school or grant
school and any tuition collected for those students is in
addition to funding under this section.
``(h)(1) The Secretary shall conduct, through contact or
cooperative agreement with an entity having proven expertise
in the field of school finance, and after consultation with
tribes and national Indian organizations, a study to
determine the feasibility and desirability of changing the
method of financing for Bureau funded schools from the
weighted student unit formula method in effect on the date of
enactment of this Act to a school based budget system of
financing. The Assistant Secretary shall take such steps as
are necessary to immediately implement this provision.
``(2) For the purposes of this study, the term `school-
based budget system' means a system based upon an initial
determination, at each school site, of the number of students
who shall be served at the site, the needs of those students,
the standards which will best meet those needs (including any
standards or conditions reflecting local community input and
the program developed under this part), the personnel profile
necessary to establish such program and the cost (determined
on an actual basis) of funding such a program. Such a system
would include procedures to aggregate the determinations for
each school site to determine the amount needed to fund all
Bureau-funded schools, to prepare a budget submission based
upon such aggregate and would provide for a mechanism for
distributing such sums as may be appropriated based upon the
determination at each school site.
``(3) No later than January 20, 1996, the Secretary shall
transmit to the Committees on Education and Labor and
Appropriations of the House of Representatives and the
Committees on Indian Affairs and Appropriations of the Senate
of the United States the study required under this
subsection, along with any views or comments of the Secretary
on such study.
``(i) Any other provision of law notwithstanding, at the
election of the school board made at any time during the
fiscal year, a portion equal to no more than 15 percent of
the funds allocated with respect to a school under this
section for any fiscal year shall remain available to the
school for expenditure without fiscal year limitation. The
Assistant Secretary shall take steps as may be necessary to
implement this provision immediately.
``(j) Tuition for the out-of-State students boarding at the
Richfield Dormitory in Richfield, Utah, who attend Sevier
County high schools in Richfield, Utah, may be paid from the
Indian School Equalization Program funds at a rate not to
exceed the amount per Weighted Student Unit for that year for
instruction. No additional administrative cost funds will be
added to the grant.
``SEC. 1128. ADMINISTRATIVE COST GRANTS.
``(a)(1) The Secretary shall, subject to the availability
of appropriated funds, provide grants to each tribe or tribal
organization operating a contract or grant school in the
amount determined under this section with respect to the
tribe or tribal organization for the purpose of paying the
administrative and indirect costs incurred in operating
contract schools in order to--
``(A) enable tribes and tribal organizations operating such
schools, without reducing direct program services to the
beneficiaries of the program, to provide all related
administrative overhead services and operations necessary to
meet the requirements of law and prudent management practice,
and
``(B) carry out other necessary support functions which
would otherwise be provided by the Secretary or other Federal
officers or employees, from resources other than direct
program funds, in support of comparable Bureau operated
programs.
``(2) Amounts appropriated to fund the grants provided
under this section shall be in addition to, and shall not
reduce, the amounts appropriated for the program being
administered by the contract schools.
``(b)(1) The amount of the grant provided to each tribe or
tribal organization under this section for each fiscal year
shall be determined by applying the administrative cost
percentage rate of the tribe or tribal organization to the
aggregate of the Bureau elementary and secondary functions
operated by the tribe or tribal organization for which funds
are received from or through the Bureau. The administrative
cost percentage rate determined under subsection (c) does not
apply to other programs operated by the tribe or tribal
organization.
``(2) The Secretary shall--
``(A) reduce the amount of the grant determined under
paragraph (1) to the extent that payments for administrative
costs are actually received by an Indian tribe or tribal
organization under any Federal education program included in
the direct cost base of the tribe or tribal organization, and
``(B) take such actions as may be necessary to be
reimbursed by any other department or agency of the Federal
Government for the portion of grants made under this section
for the costs of administering any program for Indians that
is funded by appropriations made to such other department or
agency.
``(c) For purposes of this section, the administrative cost
percentage rate for a contract or grant school for a fiscal
year is equal to the percentage determined by dividing--
``(1) the sum of--
``(A) the amount equal to--
``(i) the direct cost base of the tribe or tribal
organization for the fiscal year, multiplied by
``(ii) the minimum base rate, plus
``(B) the amount equal to--
``(i) the standard direct cost base, multiplied by
``(ii) the maximum base rate, by
``(2) the sum of--
``(A) the direct cost base of the tribe or tribal
organization for the fiscal year, plus
``(B) the standard direct cost base.
The administrative cost percentage rate shall be determined
to the \1/100\ of a decimal point.
``(d)(1)(A) Funds received by a tribe or contract or grant
school as grants under this section for tribal elementary or
secondary educational programs may be combined by the tribe
or contract school into a single administrative cost account
without the necessity of maintaining separate funding source
accounting.
``(B) Indirect cost funds for programs at the school which
share common administrative services with tribal elementary
or secondary educational programs may be included in the
administrative cost account described in subparagraph (A).
``(2) Funds received as grants under this section with
respect to tribal elementary or secondary education programs
shall remain available to the contract or grant school
without fiscal year limitation and without diminishing the
amount of any grants otherwise payable to the school under
this section for any fiscal year beginning after the fiscal
year for which the grant is provided.
``(3) Funds received as grants under this section for
Bureau funded programs operated by a tribe or tribal
organization under a contract or agreement shall not be taken
into consideration for purposes of indirect cost
underrecovery and overrecovery determinations by any Federal
agency for any other funds, from whatever source derived.
``(4) In applying this section and section 106 of the
Indian Self-Determination and Education Assistance Act with
respect to an Indian tribe or tribal organization that--
``(A) receives funds under this section for administrative
costs incurred in operating a contract school or a school
operated under the Tribally Controlled Schools Act of 1988,
and
``(B) operates 1 or more other programs under a contract or
grant provided under the Indian Self-Determination and
Education Assistance Act,
the Secretary shall ensure that the Indian tribe or tribal
organization is provided with the full amount of the
administrative costs, and of the indirect costs, that are
associated with operating the contract school, a school
operated under the Tribally Controlled Schools Act of 1988,
and all of such other programs, except that funds
appropriated for
[[Page 576]]
implementation of this section shall be used only to supply
the amount of the grant required to be provided by this
section.
``(e) For purposes of this section--
``(1)(A) The term `administrative cost' means the costs of
necessary administrative functions which--
``(i) the tribe or tribal organization incurs as a result
of operating a tribal elementary or secondary educational
program,
``(ii) are not customarily paid by comparable Bureau
operated programs out of direct program funds, and
``(iii) are either--
``(I) normally provided for comparable Bureau programs by
Federal officials using resources other than Bureau direct
program funds, or
``(II) are otherwise required of tribal self-determination
program operators by law or prudent management practice.
``(B) The term `administrative cost' may include, but is
not necessarily limited to--
``(i) contract (or other agreement) administration;
``(ii) executive, policy, and corporate leadership and
decisionmaking;
``(iii) program planning, development, and management;
``(iv) fiscal, personnel, property, and procurement
management;
``(v) related office services and record keeping; and
``(vi) costs of necessary insurance, auditing, legal,
safety and security services.
``(2) The term `Bureau elementary and secondary functions'
means--
``(A) all functions funded at Bureau schools by the Office
of Indian Education Programs of the Bureau;
``(B) all programs--
``(i) funds for which are appropriated to other agencies of
the Federal Government, and
``(ii) which are administered for the benefit of Indians
through Bureau schools; and
``(C) all operation, maintenance, and repair funds for
facilities and government quarters used in the operation or
support of elementary and secondary education functions for
the benefit of Indians, from whatever source derived.
``(3) The term `tribal elementary or secondary educational
programs' means all Bureau elementary and secondary
functions, together with any other Bureau programs or
portions of programs (excluding funds for social services
that are appropriated to agencies other than the Bureau and
are expended through the Bureau, funds for major
subcontracts, construction, and other major capital
expenditures, and unexpended funds carried over from prior
years) which share common administrative cost functions, that
are operated directly by a tribe or tribal organization under
a contract or agreement with the Bureau.
``(4)(A) Except as otherwise provided in this paragraph,
the direct cost base of a tribe or tribal organization for
the fiscal year is the aggregate direct cost program funding
for all tribal elementary or secondary educational programs
operated by the tribe or tribal organization during--
``(i) the second fiscal year preceding such fiscal year, or
``(ii) if such programs have not been operated by the tribe
or tribal organization during the 2 preceding fiscal years,
the first fiscal year preceding such fiscal year.
``(B) In the case of Bureau elementary or secondary
education functions which have not previously been operated
by a tribe or tribal organization under contract or agreement
with the Bureau, the direct cost base for the initial year
shall be the projected aggregate direct cost program funding
for all Bureau elementary and secondary functions to be
operated by the tribe or tribal organization during that
fiscal year.
``(5) The term `maximum base rate' means 50 percent.
``(6) The term `minimum base rate' means 11 percent.
``(7) The term `standard direct cost base' means $600,000.
``(f)(1) Upon the enactment of the Indian Education
Amendments of 1988, the Secretary shall--
``(A) conduct such studies as may be needed to establish an
empirical basis for determining relevant factors
substantially affecting the required administrative costs of
tribal elementary and secondary educational programs, using
the formula set forth in subsection (c), and
``(B) a study to determine--
``(i) a maximum base rate which ensures that the amount of
the grants provided under this section will provide adequate
(but not excessive) funding of the administrative costs of
the smallest tribal elementary or secondary educational
programs,
``(ii) a minimum base rate which ensures that the amount of
the grants provided under this section will provide adequate
(but not excessive) funding of the administrative costs of
the largest tribal elementary or secondary educational
programs, and
``(iii) a standard direct cost base which is the aggregate
direct cost funding level for which the percentage determined
under subsection (c) will--
``(I) be equal to the median between the maximum base rate
and the minimum base rate, and
``(II) ensure that the amount of the grants provided under
this section will provide adequate (but not excessive)
funding of the administrative costs of tribal elementary or
secondary educational programs closest to the size of the
program.
``(2) The studies required under paragraph (1) shall--
``(A) be conducted in full consultation (in accordance with
section 1130) with--
``(i) the tribes and tribal organizations that are affected
by the application of the formula set forth in subsection
(c), and
``(ii) all national and regional Indian organizations of
which such tribes and tribal organizations are typically
members;
``(B) be conducted on-site at a representative statistical
sample of the tribal elementary or secondary educational
programs under a contract entered into with a nationally
reputable public accounting and business consulting firm;
``(C) take into account the availability of skilled labor,
commodities, business and automatic data processing services,
related Indian preference and Indian control of education
requirements, and any other market factors found
substantially to affect the administrative costs and
efficiency of each such tribal elementary or secondary
educational program studied in order to assure that all
required administrative activities can reasonably be
delivered in a cost effective manner for each such program,
given an administrative cost allowance generated by the
values, percentages, or other factors found in the studies to
be relevant in such formula;
``(D) identify, and quantify in terms of percentages of
direct program costs, any general factors arising from
geographic isolation, or numbers of programs administered,
independent of program size factors used to compute a base
administrative cost percentage in such formula; and
``(E) identify any other incremental cost factors
substantially affecting the costs of required administrative
cost functions at any of the tribal elementary or secondary
educational programs studied and determine whether the
factors are of general applicability to other such programs,
and (if so) how they may effectively be incorporated into
such formula.
``(3) In carrying out the studies required under this
subsection, the Secretary shall obtain the input of, and
afford an opportunity to participate to, the Inspector
General of the Department of the Interior.
``(4) Determinations described in paragraph (2)(C) shall be
based on what is pragmatically possible to do at each
location studied, given prudent management practice,
irrespective of whether required administrative services were
actually or fully delivered at these sites, or other services
were delivered instead, during the period of the study.
``(5) Upon completion of the studies conducted under
paragraph (1), but in no case later than October 1, 1989, the
Secretary shall submit to the Congress a report on the
findings of the studies, together with determinations based
upon such findings that would affect the definitions of terms
used in the formula that is set forth in subsection (c).
``(6) The Secretary shall include in the Bureau's
justification for each appropriations request for each fiscal
year beginning after fiscal year 1989, a projection of the
overall costs associated with the formula set forth in
subsection (c) for all tribal elementary or secondary
educational programs which the Secretary expects to be funded
in the fiscal year for which the appropriations are sought.
``(7) For purposes of this subsection, the size of tribal
elementary or secondary educational programs is determined by
the aggregate direct cost program funding level for all
Bureau funded programs which share common administrative cost
functions.
``(g)(1) There are authorized to be appropriated for each
fiscal year such sums as may be necessary to carry out the
provisions of this section.
``(2) If the total amount of funds necessary to provide
grants to tribes and tribal organizations in the amounts
determined under subsection (b) for a fiscal year exceeds the
amount of funds appropriated to carry out this section for
such fiscal year, the Secretary shall reduce the amount of
each grant determined under subsection (b) for such fiscal
year by an amount that bears the same relationship to such
excess as the amount of such grant determined under
subsection (b) bears to the total of all grants determined
under subsection (b) for all tribes and tribal organizations
for such fiscal year.
``(h)(1) Notwithstanding any other provision of this
section, the amount of the grants provided under this section
for fiscal year 1989 shall--
``(A) in lieu of being determined under subsection (b), be
determined for each tribal elementary or secondary
educational program on the same basis that indirect costs
were determined for such programs for fiscal year 1988, and
``(B) be subject to the provisions of subsection (d).
``(2) Notwithstanding any other provision of this section,
the amount of the grant provided under this section for
fiscal year 1990 with respect to each tribal elementary and
secondary educational program that was operated by a tribe or
tribal organization in fiscal year 1989 shall be equal to--
``(A) if the amount of the grant determined under
subsection (b) for fiscal year 1990 with respect to such
program exceeds the amount received by the tribe or tribal
organization with respect to such program for administrative
costs for fiscal year 1988 (or fiscal year 1989 if such
program was not operated by the tribe or tribal organization
during fiscal year 1988), the sum of--
``(i) such amount received, plus
``(ii) \1/3\ of the excess of--
[[Page 577]]
``(I) such amount determined under subsection (b), over
``(II) such amount received, or
``(B) if such amount received exceeds such amount
determined under subsection (b), the excess of--
``(i) such amount received, over
``(ii) an amount equal to \1/3\ of the excess of--
``(I) such amount received, over
``(II) such amount determined under subsection (b).
``(3) Notwithstanding any other provision of this section,
the amount of the grants provided under this section for
fiscal year 1991 with respect to each tribal elementary and
secondary educational program that was operated by a tribe or
tribal organization in fiscal year 1989 shall be equal to--
``(A) if the amount of the grant determined under
subsection (b) for fiscal year 1991 with respect to such
program exceeds the amount received by the tribe or tribal
organization with respect to such program for administrative
costs for fiscal year 1990, the sum of--
``(i) such amount received, plus
``(ii) \1/2\ of the excess of--
``(I) such amount determined under subsection (b), over
``(II) such amount received, or
``(B) if such amount received exceeds such amount
determined under subsection (b), the excess of--
``(i) such amount received, over
``(ii) an amount equal to \1/2\ of the excess of--
``(I) such amount received over,
``(II) such amount determined under subsection (b).
``(i) The provisions of this section shall also apply to
those schools operating under the Tribally Controlled Schools
Act of 1988.
``SEC. 1129. BUDGET PREPARATION AND SUBMISSION.
``(a) For each fiscal year beginning after October 1, 1994,
and ending before October 1, 1998, the Secretary shall enter
into an interagency agreement with the Secretary of Education
for the purpose of carrying out this section. The Secretary
shall take such actions as are necessary to transfer
information requested by the Secretary of Education or the
entity designated under subsection (b) of this section needed
to carry out this section in a timely and accurate fashion.
``(b) The Secretary of Education, through the National
Center for Education Statistics, shall prepare and submit to
Congress the study set forth in subsection (c) of this
section no later than January 20, 1995, and January 20 of
each of the next 3 succeeding years. The Secretary of
Education shall transmit the report directly and without
substantive amendment to the Secretary of the Interior, the
Assistant Secretary for Indian Affairs of the Department of
the Interior, and the Committees on Education and Labor and
Appropriations of the House of Representatives and the
Committees on Indian Affairs and Appropriations of the Senate
of the United States.
``(c)(1) The National Center for Educational Statistics
(hereinafter referred to as the `Center') shall prepare for
each of the fiscal years covered under subsection (a) of this
section a report on the amount needed to achieve academic and
residential programs set forth in this part for Bureau-funded
schools funded under section 1127. Such study shall be based
on (A) the standards developed and implemented for Bureau-
funded schools under section 1121 and 1122 of this part or
such other standards as may apply to Bureau-funded contract
schools or schools funded under the Tribally Controlled
Schools Act of 1988, (B) the student count and
characteristics of such schools, as determined pursuant to
the formula developed and implemented pursuant to section
1127 of this part for the preceding academic year, adjusted
for any changes in student demographics which the Center may
project, (C) the employee statistics with respect to such
schools for the preceding fiscal year, and (D) such other
factors as the Center may set forth, including but not
limited to age or physical condition of the schools and
changes in isolation.
``(2) Each study shall include a total projected cost for
attaining the standards set forth under paragraph (1), and
shall presume compliance with those standards. Such study
shall also include a projection of the cost for meeting such
standards for each Bureau-funded school. Such study shall
also include a report on any shortfall in the amount needed
to fund Bureau-funded schools, as determined by the study
conducted pursuant to this section and the appropriations
amount requested and enacted for the period covered by the
study.
``(d)(1) Within 24 months of the date of enactment of this
Act, the Secretary shall establish within the Office of
Indian Education Programs a Division of Budget Analysis
(hereinafter referred to as the `Division'). Such Division
shall be under the direct supervision and control of the
Director of the Office.
``(2) The Division shall have the capacity to conduct such
studies, surveys, or other activities as are necessary to
gather demographic information on Bureau-funded schools
(current and future) and project the amount necessary to
provide Indian students in such schools the educational
program set forth in this part.
``(3) The Division shall prepare projections on such
amounts, along with such other information as the Director of
the Office shall require, for each fiscal year beginning
after October 1, 1996. The Director of the Office and the
Assistant Secretary for Indian Affairs shall use such reports
when preparing their annual budget submissions.
``SEC. 1130. UNIFORM DIRECT FUNDING AND SUPPORT.
``(a)(1) Within six months after the date of enactment of
this Act, the Secretary shall establish, by regulation
adopted in accordance with section 1139, a system for the
direct funding and support of all Bureau-funded schools. Such
system shall allot funds, in accordance with section 1127.
Amounts appropriated for distribution under this section may
be made available under paragraph (2) or under paragraph (3),
as provided in the appropriation Act.
``(2)(A) For the purpose of affording adequate notice of
funding available pursuant to the allotments made by section
1127, amounts appropriated in an appropriation Act for any
fiscal year shall become available for obligation by the
affected schools on July 1 of the fiscal year in which they
are appropriated without further action by the Secretary, and
shall remain available for obligation through the succeeding
fiscal year.
``(B) The Secretary shall, on the basis of the amount
appropriated in accordance with this paragraph--
``(i) publish, on July 1 preceding the fiscal year for
which the funds are appropriated, allotments to each affected
school made under section 1127 of 85 percent of such
appropriation; and
``(ii) publish, no later than September 30 of such
preceding fiscal year, the allotments to be made under
section 1127 of the remaining 15 percent of such
appropriation, adjusted to reflect actual student attendance.
``(3) Notwithstanding any law or regulation, the supervisor
of a Bureau school may expend an aggregate of no more than
$35,000 of the amount allotted the school under section 1127
to acquire supplies and equipment for the school without
competitive bidding if--
``(A) the cost for any single item purchased does not
exceed $10,000;
``(B) the school board approves the procurement;
``(C) the supervisor certifies that the cost is fair and
reasonable;
``(D) the documents relating to the procurement executed by
the supervisor or other school staff cite this paragraph as
authority for the procurement; and
``(E) the transaction is documented in a journal maintained
at the school clearly identifying when the transaction
occurred, what was acquired and from whom, the prices paid,
the quantities acquired, and any other information the
supervisor or school board considers relevant.
The Director shall be responsible for determining the
application of this paragraph, including the authorization of
specific individuals to carry out this authority, and shall
be responsible for the provision of guidelines on the use of
this authority and adequate training on such guidelines.
``(4) If a sequestration order issued under the Balanced
Budget and Emergency Deficit Control Act of 1985 reduces the
amount of funds available for allotment under section 1127
for any fiscal year by more than 7 percent of the amount of
funds available for allotment under such section during the
preceding fiscal year--
``(A) the Secretary may, notwithstanding any other
provision of law, use--
``(i) funds appropriated for the operation of any Bureau
school that is closed or consolidated, and
``(ii) funds appropriated for any program that has been
curtailed at any Bureau school,
to fund allotments made under section 1127, and
``(B) the Secretary may waive the application of the
provisions of section 1121(h) with respect to the closure or
consolidation of a school, or the curtailment of a program at
a school, during such fiscal year if the funds described in
clauses (i) and (ii) of subparagraph (A) with respect to such
school are used to fund allotments made under section 1127
for such fiscal year.
``(b) In the case of all Bureau schools, allotted funds
shall be expended on the basis of local financial plans which
shall be prepared by the local school supervisor in active
consultation with the local school board for each school, and
the local school board for each school shall have the
authority to ratify, reject, or amend such financial plan,
and expenditures thereunder, and, on its own determination or
in response to the supervisor of the school, to revise such
financial plan to meet needs not foreseen at the time of
preparation of the financial plan. The supervisor shall
provide the appropriate union representative of the education
employees with copies of proposed draft financial plans and
all amendments or modifications thereto, at the same time
they are submitted to the local school board. The supervisor
of the school may appeal any such action of the local school
board to the appropriate education officer of the Bureau
agency by filing a written statement describing the action
and the reasons the supervisor believes such action should be
overturned. A copy of such statement shall be submitted to
the local school board and such board shall be afforded an
opportunity to respond, in writing, to such appeal. After
reviewing such written appeal and response, the appropriate
education officer may, for good cause, overturn the action of
the local school board. The appropriate education officer
shall transmit the determination of such appeal in the form
of a written opinion to such board and to such supervisor
identifying the reasons for overturning such action.
[[Page 578]]
``(c) Funds for self-determination grants under section
103(a)(2) of the Indian Self-Determination and Education
Assistance Act shall not be used for providing technical
assistance and training in the field of education by the
Bureau unless such services are provided in accordance with a
plan, agreed to by the tribe or tribes affected and the
Bureau, under which control of education programs is intended
to be transferred to such tribe or tribes within a specific
period of time negotiated under such agreement. The Secretary
may approve applications for funding tribal divisions of
education and the development of tribal codes of education
from funds appropriated pursuant to section 104(a) of such
Act.
``(d) In the exercise of its authority under this section,
a local school board may request technical assistance and
training from the Secretary, and he shall, to the greatest
extent possible, provide such services, and make appropriate
provisions in the budget of the Office for such services.
``(e)(1) A financial plan under subsection (b) for a school
may include, at the discretion of the local administrator and
the school board of such school, a provision for a summer
program of academic and support services for students of the
school. Any such program may include activities related to
the prevention of alcohol and substance abuse. The Assistant
Secretary of Indian Affairs shall provide for the utilization
of any such school facility during any summer in which such
utilization is requested.
``(2) Notwithstanding any other provision of law, funds
authorized under the Act of April 16, 1934 (25 U.S.C. 452 et
seq.) and the Indian Education Act may be used to augment the
services provided in each summer program at the option, and
under the control, of the tribe or Indian controlled school
receiving such funds.
``(3) The Assistant Secretary of Indian Affairs, acting
through the Director of the Office of Indian Education
Programs, shall provide technical assistance and coordination
for any program described in paragraph (1) and shall, to the
extent possible, encourage the coordination of such programs
with any other summer programs that might benefit Indian
youth, regardless of the funding source or administrative
entity of any such program.
``(f)(1) From funds allotted to a Bureau school under
section 1127, the Secretary shall, if specifically requested
by the tribal governing body (within the meaning of section
1121(k)), implement any cooperative agreement entered into
between the tribe, the Bureau school board, and the local
public school district which meets the requirements of
paragraph (2) and involves the school. The tribe, the Bureau
school board, and the local public school district shall
determine the terms of the agreement. Such agreement may
encompass coordination of all or any part of the following:
``(A) Academic program and curriculum, unless the Bureau
school is currently accredited by a State or regional
accrediting entity and would not continue to be so
accredited.
``(B) Support services, including procurement and
facilities maintenance.
``(C) Transportation.
``(2) Each agreement entered into pursuant to the authority
provided in paragraph (1) shall confer a benefit upon the
Bureau school commensurate with the burden assumed, though
this requirement shall not be construed so as to require
equal expenditures or an exchange of similar services.
``(g) Any other provision of law notwithstanding, where
there is agreement on such action between the superintendent
and school board of a B.I.A. funded school, the product or
result of a project conducted in whole or in major part by a
student may be given to that student upon the completion of
said project.
``(h) Notwithstanding any other provision of law, funds
received by Bureau funded schools under this title shall not
be considered Federal funds for purposes of meeting a match
requirement in any Federal program.
``SEC. 1131. POLICY FOR INDIAN CONTROL OF INDIAN EDUCATION.
``(a) It shall be the policy of the Secretary and the
Bureau, in carrying out the functions of the Bureau, to
facilitate Indian control of Indian affairs in all matters
relating to education.
``(b)(1) All actions under this Act shall be done with
active consultation with tribes.
``(2) The consultation required under paragraph (1) means a
process involving the open discussion and joint deliberation
of all options with respect to potential issues or changes
between the Bureau and all interested parties. During such
discussions and joint deliberations, interested parties
(including, but not limited to, tribes and school officials)
shall be given an opportunity to present issues including
proposals regarding changes in current practices or programs
which will be considered for future action by the Bureau. All
interested parties shall be given an opportunity to
participate and discuss the options presented or to present
other alternatives, with the views and concerns of the
interested parties given effect unless the Secretary
determines, from information educed or presented by the
interested parties during 1 or more of the discussions and
deliberations, that there is a substantial reason for another
course of action. The Secretary shall submit to any Member of
Congress, within 18 days of the receipt of a written request
by such Member, a written explanation of any decision made by
the Secretary which is not consistent with the views of the
interested parties.
``SEC. 1132. EDUCATION PERSONNEL.
``(a)(1) Chapter 51, subchapter III of chapter 53, and
chapter 63 of title 5, United States Code, relating to leave,
pay, and classification, and the sections relating to the
appointment, promotion and removal of civil service
employees, shall not apply to educators or to education
positions (as defined in subsection (n)).
``(2) Paragraph (1) shall take effect 1 year after the date
of enactment of this Act.
``(b) Not later than the effective date of subsection
(a)(2), the Secretary shall prescribe regulations to carry
out this section. Such regulations shall govern--
``(1) the establishment of education positions,
``(2) the establishment of qualifications for educators,
``(3) the fixing of basic compensation for educators and
education positions,
``(4) the appointment of educators,
``(5) the discharge of educators,
``(6) the entitlement of educators to compensation,
``(7) the payment of compensation to educators,
``(8) the conditions of employment of educators,
``(9) the length of the school year applicable to education
positions described in subsection (n)(1)(A),
``(10) the leave system for educators, and
``(11) such other matters as may be appropriate.
``(c)(1) In prescribing regulations to govern the
qualifications of educators, the Secretary shall require--
``(A)(i) that lists of qualified and interviewed applicants
for education positions be maintained in each agency and area
office of the Bureau from among individuals who have applied
at the agency or area level for an education position or who
have applied at the national level and have indicated in such
application an interest in working in certain areas or
agencies; and
``(ii) that a list of qualified and interviewed applicants
for education positions be maintained in the Office from
among individuals who have applied at the national level for
an education position and who have expressed interest in
working in an education position anywhere in the United
States;
``(B) that a local school board shall have the authority to
waive on a case-by-case basis, any formal education or degree
qualifications established by regulation pursuant to
subsection (b)(2), in order for a tribal member to be hired
in an education position to teach courses on tribal culture
and language and that subject to subsection (d)(2)(A), a
determination by a school board that such a person be hired
shall be followed by the supervisor; and
``(C) that it shall not be a prerequisite to the employment
of an individual in an education position at the local level
that such individual's name appear on the national list
maintained pursuant to subsection (c)(1)(A)(ii) or that such
individual has applied at the national level for an education
position.
``(2) The Secretary may authorize the temporary employment
in an education position of an individual who has not met the
certification standards established pursuant to regulations,
if the Secretary determines that failure to do so would
result in that position remaining vacant.
``(d)(1) In prescribing regulations to govern the
appointment of educators, the Secretary shall require--
``(A)(i) that educators employed in a school (other than
the supervisor of the school) shall be hired by the
supervisor of the school unless there are no qualified
applicants available, in which case the vacant position shall
be filed at the national level from the list maintained
pursuant to subsection (c)(1)(A)(ii);
``(ii) each school supervisor shall be hired by the
superintendent for education of the agency office of the
Bureau in which the school is located, and
``(iii) educators employed in an agency office of the
Bureau shall be hired by the superintendent for education of
the agency office;
``(B) that before an individual is employed in an education
position in a school by the supervisor of a school (or, with
respect to the position of supervisor, by the appropriate
agency superintendent for education), the local school board
for the school shall be consulted, and that subject to
subsection (d)(2), a determination by the school board that
such individual should or should not be so employed shall be
followed by the supervisor (or with respect to the position
of supervisor, by the agency superintendent for education);
and
``(C) that before an individual may be employed in an
education position at the agency level, the appropriate
agency school board shall be consulted, and that, subject to
subsection (d)(3), a determination by such school board that
such individual should or should not be employed shall be
followed by the agency superintendent for education.
``(2)(A) The supervisor of a school may appeal to the
appropriate agency superintendent for education any
determination by the local school board for the school that
an individual be employed, or not be employed, in an
education position in the school (other than that of
supervisor) by filing a written statement describing the
determination and the reasons the supervisor believes such
determination should be overturned. A copy of such statement
shall be submitted to the local school board and such board
shall be af-
[[Page 579]]
forded an opportunity to respond, in writing, to such appeal.
After reviewing such written appeal and response, the
superintendent may, for good cause, overturn the
determination of the local school board. The superintendent
shall transmit the determination of such appeal in the form
of a written opinion to such board and to such supervisor
identifying the reasons for overturning such determination.
``(B) The superintendent for education of an agency office
of the Bureau may appeal to the Director of the Office any
determination by the local school board for the school that
an individual be employed, or not be employed, as the
supervisor of a school by filing a written statement
describing the determination and the reasons the supervisor
believes such determination should be overturned. A copy of
such statement shall be submitted to the local school board
and such board shall be afforded an opportunity to respond,
in writing, to such appeal. After reviewing such written
appeal and response, the Director may, for good cause,
overturn the determination of the local school board. The
Director shall transmit the determination of such appeal in
the form of a written opinion to such board and to such
superintendent identifying the reasons for overturning such
determination.
``(3) The superintendent for education of an agency office
of the Bureau may appeal to the Director of the Office any
determination by the agency school board that an individual
be employed, or not be employed, in an education position in
such agency office by filing a written statement describing
the determination and the reasons the supervisor believes
such determination should be overturned. A copy of such
statement shall be submitted to the agency school board and
such board shall be afforded an opportunity to respond, in
writing, to such appeal. After reviewing such written appeal
and response, the Director may, for good cause, overturn the
determination of the agency school board. The Director shall
transmit the determination of such appeal in the form of a
written opinion to such board and to such superintendent
identifying the reasons for overturning such determination.
``(4) Any individual who applies at the local level for an
education position shall state on such individual's
application whether or not such individual has applied at the
national level for an education position in the Bureau. If
such individual is employed at the local level, such
individual's name shall immediately be forwarded to the
Secretary, who shall, as soon as possible but in no event in
more than thirty days, ascertain the accuracy of the
statement made by such individual pursuant to the first
sentence of this subparagraph. If the individual's statement
is found to have been false, such individual, at the
Secretary's discretion, may be disciplined or discharged. If
the individual had applied at the national level for an
education position in the Bureau, if the appointment of such
individual at the local level shall be conditional for a
period of ninety days, during which period the Secretary may
appoint a more qualified individual (as determined by the
Secretary) from the list maintained at the national level
pursuant to subsection (c)(1)(A)(ii) to the position to which
such individual was appointed.
``(5) Except as expressly provided, nothing in this section
shall be construed as conferring upon local school boards,
authority over, or control of, educators.
``(e)(1) In prescribing regulations to govern the discharge
and conditions of employment of educators, the Secretary
shall require--
``(A) that procedures be established for the rapid and
equitable resolution of grievances of educators;
``(B) that no educator may be discharged without notice of
the reasons therefore and opportunity for a hearing under
procedures that comport with the requirements of due process;
and
``(C) educators employed in Bureau schools shall be
notified sixty days prior to the end of the school year
whether their employment contract will be renewed for the
coming year.
``(2) The supervisor of a Bureau school may discharge
(subject to procedures established under paragraph (1)(B) for
cause (as determined under regulations prescribed by the
Secretary) any educator employed in such school. Upon giving
notice of proposed discharge to an educator, the supervisor
involved shall immediately notify the local school board for
the school of such action. A determination by the local
school board that such educator shall not be discharged shall
be followed by the supervisor. The supervisor shall have the
right to appeal such action to the superintendent for
education of the appropriate agency office of the Bureau.
Upon such an appeal, the agency superintendent for education
may, for good cause and in writing to the local school board,
overturn the determination of the local school board with
respect to the employment of such individual.
``(3) Each local school board for a Bureau school shall
have the right (A) to recommend to the supervisor of such
school that an educator employed in the school be discharged,
and (B) to recommend to the superintendent of education of
the appropriate agency office of the Bureau and to the
Director of the Office, that the supervisor of the school be
discharged.
``(f)(1) Notwithstanding any provision of the Indian
preference laws, such laws shall not apply in the case of any
personnel action within the purview of this section
respecting an applicant or employee not entitled to Indian
preference if each tribal organization concerned grants, in
writing, a waiver of the application of such laws with
respect to such personnel action, where such a waiver is in
writing deemed to be a necessity by the tribal organization,
except that this shall in no way relieve the Bureau of its
responsibility to issue timely and adequate announcements and
advertisements concerning any such personnel action if it is
intended to fill a vacancy (no matter how such vacancy is
created).
``(2) For purposes of this subsection, the term `tribal
organization' means--
``(A) the recognized governing body of any Indian tribe,
band, nation, pueblo, or other organized community, including
a Native village (as defined in section 3(c) of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602(c); 85 Stat.
688)); or
``(B) in connection with any personnel action referred to
in this subsection, any local school board as defined in
section 1139, and which has been delegated by such governing
body the authority to grant a waiver under such subsection
with respect to such personnel action.
``(3) The term `Indian preference laws' means section 12 of
the Act of June 18, 1934 (25 U.S.C. 472; 48 Stat. 986) or any
other provision of law granting a preference to Indians in
promotions and other personnel actions, except that such term
shall not be considered to include section 7(b) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450e(b); 88 Stat. 2295).
``(g) Subject to the authority of the Civil Service
Commission to determine finally the applicability of chapter
51 of title 5, United States Code, to specific positions and
employees in the executive branch, the Secretary shall
determine in accordance with subsection (a)(1) the
applicability or inappli-
cability of such chapter to positions and employees in the
Bureau.
``(h)(1)(A) Except as otherwise provided in this section,
the Secretary shall fix the basic compensation or annual
salary rate for educators and education positions at rates
comparable to the rates in effect under the General Schedule
for individuals with comparable qualifications, and holding
comparable positions, to whom chapter 51 is applicable or on
the basis of the Federal Wage System schedule in effect for
the locality.
``(B) By no later than October 28, 1988, the Secretary
shall establish, for contracts for the 1991-1992 academic
year, and thereafter, the rates of basic compensation, or
annual salary rates, for the positions of teachers and
counselors (including dormitory counselors and home-living
counselors) at the rates of basic compensation applicable (on
the date of enactment of such Amendments and thereafter) to
comparable positions in overseas schools under the Defense
Department Overseas Teachers Pay and Personnel Practices Act,
unless the Secretary establishes such rates within such 6-
month period through collective bargaining with the
appropriate union representative of the education employees
that is recognized by the Bureau.
``(C) By no later than October 28, 1988, the Secretary
shall establish the rates of basic compensation or annual
salary rates for the positions of teachers and counselors
(including dormitory and home-living counselors)--
``(i) for contracts for the 1989-1990 academic year, at
rates which reflect \1/3\ of the changes in the rates
applicable to such positions on April 28, 1988, that must be
made to conform the rates to the rates established under
subparagraph (B) for such positions for contracts for the
1991-1992 academic year, and
``(ii) for contracts for the 1990-1991 academic year, at
rates which reflect \2/3\ of such changes.
``(D) The establishment of rates of basic compensation and
annual salary rates by the Secretary under subparagraphs (B)
and (C) shall not preclude the use of regulations and
procedures used by the Bureau before the enactment of the
Indian Education Amendments of 1988 in making determinations
regarding promotions and advancements through levels of pay
that are based on the merit, education, experience, or tenure
of the educator.
``(E)(i) Except as provided in clause (ii), the
establishment of rates of basic compensation and annual
salary rates by the Secretary under subparagraphs (B) and (C)
shall not affect the continued employment or compensation of
an educator who was employed in an education position on
October 31, 1979, and who did not make the election under
paragraph (2) of subsection (o).
``(ii) Any individual described in clause (i) may, during
the 5-year period beginning on the date on which the
Secretary establishes rates of basic compensation and annual
salary rates under subparagraph (B), make an irrevocable
election to have the basic compensation rate or annual salary
rate of such individual determined in accordance with this
paragraph.
``(iii) If an individual makes the election described in
clause (ii), such election shall not affect the application
to the individual of the same retirement system and leave
system that applies to the individual during the fiscal year
preceding the fiscal year in which such election is made,
except that the individual must use leave accrued during a
contract period by the end of that contract period.
``(F) The President shall include with the budget submitted
under section 1105 of title 31, United States Code, for each
of the fiscal
[[Page 580]]
years 1990, 1991, and 1992 a written statement by the
Secretary which specifies--
``(i) the amount of funds the Secretary needs to pay basic
compensation and the annual salaries of educators for such
fiscal year, and
``(ii) the amount of funds the Secretary estimates would be
needed to pay basic compensation and the annual salaries of
educators for such fiscal year if the amendments made to this
paragraph by the Indian Education Amendments of 1988 had not
been enacted.
``(2) Each educator employed in an education position in
Alaska shall be paid a cost-of-living allowance equal to 25
per centum of the rate of basic compensation to which such
educator is entitled.
``(3)(A) The Secretary may pay a postdifferential not to
exceed 25 per centum of the rate of basic compensation, on
the basis of conditions of environment or work which warrant
additional pay as a recruitment and retention incentive.
``(B)(i) Upon the request of the supervisor and the local
school board of a Bureau school, the Secretary shall grant
the supervisor of the school authorization to provide 1 or
more post differentials under subparagraph (A) unless the
Secretary determines for clear and convincing reasons (and
advises the board in writing of those reasons) that certain
of the requested post differentials should be disapproved or
decreased because there is no disparity of compensation for
the involved employees or positions in the Bureau school, as
compared with the nearest public school, that is either--
``(I) at least 5 percent, or
``(II) less than 5 percent and affects the recruitment or
retention of employees at the school.
The request under this subparagraph shall be deemed granted
as requested at the end of the 60th day after the request is
received in the Central Office of the Bureau unless before
that time it is approved, approved with modification, or
disapproved by the Secretary.
``(ii) The Secretary or the supervisor of a Bureau school
may discontinue or decrease a post differential authorized by
reason of this subparagraph at the beginning of a school year
after either--
``(I) the local school board requests that it be
discontinued or decreased, or
``(II) the Secretary or the supervisor determines for clear
and convincing reasons (and advises the board in writing of
those reasons) that there is no disparity of compensation
that would affect the recruitment or retention of employees
at the school after the differential is discontinued or
decreased.
``(iii) On or before February 1 of each year, the Secretary
shall submit to Congress a report describing the requests and
grants of authority under this subparagraph during the
previous fiscal year and listing the positions contracted
under those grants of authority.
``(i) Any individual--
``(1) who on the date of enactment of this Act is holding a
position which is determined under subsection (f) to be an
education position and who elects under subsection (o)(2) to
be covered under the provisions of this section, or
``(2) who is an employee of the Federal Government or the
municipal government of the District of Columbia and is
transferred, promoted, or reappointed, without break in
service, from a position under a different leave system to an
education position,
shall be credited for the purpose of the leave system
provided under regulations prescribed pursuant to subsection
(b)(10), with the annual and sick leave to his credit
immediately before the effective date of such election,
transfer, promotion, or reappointment.
``(j) Upon termination of employment with the Bureau, any
annual leave remaining to the credit of an individual within
the purview of this section shall be liquidated in accordance
with sections 5551(a) and 6306 of title 5, United States
Code, except that leave earned or accrued under regulations
prescribed pursuant to subsection (b)(10) shall not be so
liquidated.
``(k) In the case of any educator who is transferred,
promoted, or reappointed, without break in service, to a
position in the Federal Government under a different leave
system, any remaining leave to the credit of such person
earned or credited under the regulations prescribed pursuant
to subsection (b)(10) shall be transferred to his credit in
the employing agency on an adjusted basis in accordance with
regulations which shall be prescribed by the Civil Service
Commission.
``(l) An educator who voluntarily terminates employment
with the Bureau before the expiration of the existing
employment contract between such educator and the Bureau
shall not be eligible to be employed in another education
position in the Bureau during the remainder of the term of
such contract.
``(m) In the case of any educator employed in an education
position described in subsection (n)(1)(A) who--
``(1) is employed at the close of a school year,
``(2) agrees in writing to serve in such a position for the
next school year, and
``(3) is employed in another position during the recess
period immediately preceding such next school year, or during
such recess period receives additional compensation referred
to in subsection (g)(2) or (g)(3), section 5533 of title 5,
United States Code, relating to dual compensation, shall not
apply to such educator by reason of any such employment
during a recess period for any such receipt of additional
compensation.
``(n) For the purpose of this section--
``(1) The term `education position' means a position in the
Bureau the duties and responsibilities of which--
``(A) are performed on a school-year basis principally in a
Bureau school and involve--
``(i) classroom or other instruction or the supervision or
direction of classroom or other instruction;
``(ii) any activity (other than teaching) which requires
academic credits in educational theory and practice equal to
the academic credits in educational theory and practice
required for a bachelor's degree in education from an
accredited institution of higher education;
``(iii) any activity in or related to the field of
education notwithstanding that academic credits in
educational theory and practice are not a formal requirement
for the conduct of such activity; or
``(iv) support services at, or associated with, the site of
the school; or
``(B) are performed at the agency level of the Bureau and
involve the implementation of education-related programs
other than the position for agency superintendent for
education.
``(2) The term `educator' means an individual whose
services are required, or who is employed, in an education
position.
``(o)(1) Subsections (a) through (n) of this section apply
to an educator hired after November 1, 1979 (and to an
educator who elected application under paragraph (2)) and to
the position in which such individual is employed. Subject to
paragraph (2), the enactment of this Act shall not affect the
continued employment of an individual employed on October 31,
1979 in an education position, or such individual's right to
receive the compensation attached to such position.
``(2) Any individual employed in an education position on
October 31, 1979, may, not later than November 1, 1983, make
an irrevocable election to be covered under the provisions of
subsection (a) through (n) of this section.
``(p)(1) An educator who was employed in an education
position on October 31, 1979, who was eligible to make an
election under paragraph (2) of subsection (o) at that time,
and who did not make the election under paragraph (2) of
subsection (o), may not be placed on furlough (within the
meaning of section 7511(a)(5) of title 5, United States Code)
without the consent of such educator for an aggregate of more
than 4 weeks within the same calendar year, unless--
``(A) the supervisor, with the approval of the local school
board (or of the agency superintendent for education upon
appeal under paragraph (2)), of the Bureau school at which
such educator provides services determines that a longer
period of furlough is necessary due to an insufficient amount
of funds available for personnel compensation at such school,
as determined under the financial plan process as determined
under section 1129(b) of this Act, and
``(B) all educators (other than principals and clerical
employees) providing services at such Bureau school are
placed on furloughs of equal length, except that the
supervisor, with the approval of the local school board (or
of the agency superintendent for education upon appeal under
paragraph (2)), may continue 1 or more educators in pay
status if (i) they are needed to operate summer programs,
attend summer training sessions, or participate in special
activities including (but not limited to) curriculum
development committees, and (ii) they are selected based upon
their qualifications, after public notice of the minimum
qualifications reasonably necessary and without
discrimination as to supervisory, nonsupervisory, or other
status of the educators who apply.
``(2) The supervisor of a Bureau school may appeal to the
appropriate agency superintendent for education any refusal
by the local school board to approve any determination of the
supervisor that is described in paragraph (1)(A) by filing a
written statement describing the determination and the
reasons the supervisor believes such determination should be
approved. A copy of such statement shall be submitted to the
local school board and such board shall be afforded an
opportunity to respond, in writing, to such appeal. After
reviewing such written appeal and response, the
superintendent may, for good cause, approve the determination
of the supervisor. The superintendent shall transmit the
determination of such appeal in the form of a written opinion
to such local school board and to the supervisor identifying
the reasons for approving such determination.
``SEC. 1133. MANAGEMENT INFORMATION SYSTEM.
``The Secretary shall establish within the Office, within 1
year after the date of the enactment of the Indian Education
Amendments of 1984, a computerized management information
system, which shall provide information to the Office. Such
information shall include but shall not be limited to--
``(1) student enrollment;
``(2) curriculum;
``(3) staff;
``(4) facilities;
``(5) community demographics;
``(6) student assessment information; and
``(7) information on the administrative and program costs
attributable to each Bureau program, divided into discreet
elements.
``SEC. 1134. BUREAU EDUCATION POLICIES.
``Within 180 days of the date of enactment of this Act, the
Secretary shall develop, publish in the Federal Register, and
submit to all agency and area offices of the Bureau, all
[[Page 581]]
tribal governments, and the appropriate committees of the
Congress, a draft set of education policies, procedures, and
practices for education-related action of the Bureau. The
Secretary shall, within 1 year of the date of enactment of
this Act, provide that such uniform policies, procedures, and
practices shall be finalized and promulgated. Thereafter,
such policies, procedures, and practices and their periodic
revisions, shall serve as the foundation for future Bureau
actions in education.
``SEC. 1135. UNIFORM EDUCATION PROCEDURES AND PRACTICES.
``The Secretary shall cause the various divisions of the
Bureau to formulate uniform procedures and practices with
respect to such concerns of those divisions as relate to
education, and shall report such practices and procedures to
the Congress.
``SEC. 1136. RECRUITMENT OF INDIAN EDUCATORS.
``The Secretary shall institute a policy for the
recruitment of qualified Indian educators and a detailed plan
to promote employees from within the Bureau. Such plan shall
include opportunities for acquiring work experience prior to
actual work assignment.
``SEC. 1137. ANNUAL REPORT.
``(a) The Secretary shall submit to each appropriate
committee of the Congress a detailed annual report on the
state of education within the Bureau and any problems
encountered in the field of education during the year. Such
report shall contain suggestions for improving the Bureau
educational system and increasing local Indian control of
such system. Such report shall also include the current
status of tribally controlled community colleges. The annual
budget submission for the Bureau's education programs shall,
among other things, include (1) information on the funds
provided previously private schools under section 208 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 458d; 88 Stat. 2216) and recommendations with respect
to the future use of such funds; (2) the needs and costs of
operation and maintenance of tribally controlled community
colleges eligible for assistance under the Tribally
Controlled Community College Assistance Act of 1978 (92 Stat.
1325; 25 U.S.C. 1801 et seq.) and recommendations with
respect to meeting such needs and costs; and (3) the plans
required by section 1121(f), and 1122(c); and 1125(b) of this
Act (25 U.S.C. 2001(f), 2002(c), and 2005(b)).
``(b) The Inspector General of the Department of the
Interior shall establish a system to ensure that financial
and compliance audits are conducted of each Bureau school at
least once in every three years. Audits of Bureau schools
shall be based upon the extent to which such school has
complied with its local financial plan under section 1129.
``SEC. 1138. RIGHTS OF INDIAN STUDENTS.
``Within six months of the date of enactment of this Act,
the Secretary shall prescribe such rules and regulations as
are necessary to insure the constitutional and civil rights
of Indian students attending Bureau schools, including, but
not limited to, their right to privacy under the laws of the
United States, their right to freedom of religion and
expression and their right to due process in connection with
disciplinary actions, suspensions, and expulsions.
``SEC. 1139. REGULATIONS.
``Regulations required to be adopted under sections 1126
through 1138 and any revisions of the standards developed
under section 1121 or 1122 of this Act shall be deemed rules
of general applicability prescribed for the administration of
an applicable program for the purposes of section 431 of the
General Education Provisions Act and shall be promulgated,
submitted for congressional review, and take effect in
accordance with the provisions of such section. Such
regulations shall contain, immediately following each
substantive provision of such regulations, citations to the
particular section or sections of statutory law or other
legal authority upon which such provision is based.
``SEC. 1140. DEFINITIONS.
``For the purpose of this part--
``(1) the term `agency school board' means a body, the
members of which are appointed by the school boards of the
schools located within such agency, and the number of such
members shall be determined by the Secretary in consultation
with the affected tribes, except that, in agencies serving a
single school, the school board of such school shall fulfill
these duties;
``(2) the term `Bureau' means the Bureau of Indian Affairs
of the Department of the Interior;
``(3) the term `Bureau funded school' means--
``(A) a Bureau school;
``(B) a contract school; or
``(C) a school for which assistance is provided under the
Tribally Controlled Schools Act of 1988;
``(4) the term `Bureau school' means a Bureau operated
elementary or secondary day or boarding school or a Bureau
operated dormitory for students attending a school other than
a Bureau school;
``(5) the term `contract school' means an elementary or
secondary school or a dormitory which receives financial
assistance for its operation under a contract or agreement
with the Bureau under section 102, 103(a), or 208 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450f, 450h(a), and 458d);
``(6) the term `education line officer' means education
personnel under the supervision of the Director, whether
located in central, area, or agency offices;
``(7) the term `financial plan' means a plan of services to
be provided by each Bureau school;
``(8) the term `grant school' means a school which is
provided assistance under the Tribally Controlled Schools Act
of 1988;
``(9) the term `Indian organization' means any group,
association, partnership, corporation, or other legal entity
owned or controlled by a federally recognized Indian tribe or
tribes, or a majority of whose members are members of
federally recognized Indian tribes;
``(10) the term `local educational agency' means a board of
education or other legally constituted local school authority
having administrative control and direction of free public
education in a county, township, independent, or other school
district located within a State, and includes any State
agency which directly operates and maintains facilities for
providing free public education;
``(11) the term `local school board', when used with
respect to a Bureau school, means a body chosen in accordance
with the laws of the tribe to be served or, in the absence of
such laws, elected by the parents of the Indian children
attending the school, except that in schools serving a
substantial number of students from different tribes, the
members shall be appointed by the governing bodies of the
tribes affected; and the number of such members shall be
determined by the Secretary in consultation with the affected
tribes;
``(12) the term `Office' means the Office of Indian
Education Programs within the Bureau;
``(13) the term `Secretary' means the Secretary of the
Interior;
``(14) the term `supervisor' means the individual in the
position of ultimate authority at a Bureau school; and
``(15) the term `tribe' means any Indian tribe, band,
nation, or other organized group or community, including any
Alaska Native village or regional or village corporation as
defined in or established pursuant to the Alaska Native
Claims Settlement Act (85 Stat. 688) which is recognized as
eligible for the special programs and services provided by
the United States to Indians because of their status as
Indians.
``SEC. 1141. VOLUNTARY SERVICES.
``Notwithstanding section 1342 of title 31, United States
Code, the Secretary may, subject to the approval of the local
school board concerned, accept voluntary services on behalf
of Bureau schools. Nothing in this title shall be construed
to require Federal employees to work without compensation or
to allow the use of volunteer services to displace or replace
Federal employees. An individual providing volunteer services
under this section is a Federal employee only for purposes of
chapter 81 of title 5, United States Code, and chapter 171 of
title 28, United States Code.
``SEC. 1142. PRORATION OF PAY.
``(a) Notwithstanding any other provision of law, including
laws relating to dual compensation, the Secretary, at the
election of the employee, shall prorate the salary of an
employee employed in an education position for the academic
school-year over the entire twelve month period. Each
educator employed for the academic school-year shall annually
elect to be paid on a twelve month basis or for those months
while school is in session. No educator shall suffer a loss
of pay or benefits, including benefits under unemployment or
other Federal or federally-assisted programs, because of such
election.
``(b) During the course of such year the employee may
change election once.
``(c) That portion of the employee's pay which would be
paid between academic school years may be paid in lump sum at
the election of the employee.
``(d) For the purposes of this section the terms `educator'
and `education position' have the meaning contained in
section 1132(n)(1) and (n)(2) of this title. This section
applies to those individuals employed under the provisions of
section 1132 of this title or title 5, United States Code.
``SEC. 1143. EXTRACURRICULAR ACTIVITIES.
``(a) Notwithstanding any other provision of law, the
Secretary may provide, for each Bureau area, a stipend in
lieu of overtime premium pay or compensatory time off. Any
employee of the Bureau who performs additional activities to
provide services to students or otherwise support the
school's academic and social programs may elect to be
compensated for all such work on the basis of the stipend.
Such stipend shall be paid as a supplement to the employee's
base pay.
``(b) If an employee elects not to be compensated through
the stipend established by this section, the appropriate
provisions of title 5, United States Code, shall apply.
``(c) This section applies to all Bureau employees, whether
employed under section 1132 of this title or title 5, United
States Code.
``SEC. 1144. EARLY CHILDHOOD DEVELOPMENT PROGRAM.
``(a) The Secretary shall provide grants to tribes, tribal
organizations, and consortia of tribes and tribal
organizations to fund early childhood development programs
that are operated by such tribes, organizations, or
consortia.
``(b)(1) The total amount of the grants provided under
subsection (a) with respect to each tribe, tribal
organization, or consortium of tribes or tribal organizations
for each fiscal year shall be equal to the amount which bears
the same relationship to the total amount appropriated under
the author-
[[Page 582]]
ity of subsection (f) for such fiscal year (less amounts
provided under subsection (e)) as--
``(A) the total number of children under 6 years of age who
are members of--
``(i) such tribe,
``(ii) the tribe that authorized such tribal organization,
or
``(iii) any tribe that--
``(I) is a member of such consortium, or
``(II) authorizes any tribal organization that is a member
of such consortium, bears to
``(B) the total number of all children under 6 years of age
who are members of any tribe that--
``(i) is eligible to receive funds under subsection (a),
``(ii) is a member of a consortium that is eligible to
receive such funds, or
``(iii) authorizes a tribal organization that is eligible
to receive such funds.
``(2) No grant may be provided under subsection (a)--
``(A) to any tribe that has less than 500 members,
``(B) to any tribal organization which is authorized--
``(i) by only 1 tribe that has less than 500 members, or
``(ii) by 1 or more tribes that have a combined total
membership of less than 500 members, or
``(C) to any consortium composed of tribes, or tribal
organizations authorized by tribes, that have a combined
total tribal membership of less than 500 members.
``(c)(1) A grant may be provided under subsection (a) to a
tribe, tribal organization, or consortia of tribes and tribal
organizations only if the tribe, organization or consortia
submits to the Secretary an application for the grant at such
time and in such form as the Secretary shall prescribe.
``(2) Applications submitted under paragraph (1) shall set
forth the early childhood development program that the
applicant desires to operate.
``(d) The early childhood development programs that are
funded by grants provided under subsection (a)--
``(1) shall coordinate existing programs and may provide
services that meet identified needs of parents and children
under 6 years of age which are not being met by existing
programs, including--
``(A) prenatal care,
``(B) nutrition education,
``(C) health education and screening,
``(D) educational testing, and
``(E) other educational services,
``(2) may include instruction in the language, art, and
culture of the tribe, and
``(3) shall provide for periodic assessment of the program.
``(e) The Secretary shall, out of funds appropriated under
the authority of subsection (f), include in the grants
provided under subsection (a) amounts for administrative
costs incurred by the tribe or tribal organization in
establishing and maintaining the early childhood development
program.
``(f) For the purpose of carrying out the provisions of
this section, there are authorized to be appropriated
$5,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``SEC. 1145. TRIBAL DEPARTMENTS OF EDUCATION.
``(a) Subject to the availability of appropriations, the
Secretary shall provide grants and technical assistance to
tribes for the development and operation of tribal
departments of education for the purpose of planning and
coordinating all educational programs of the tribe.
``(b) Grants provided under this section shall--
``(1) be based on applications from the governing body of
the tribe,
``(2) reflect factors such as geographic and population
diversity,
``(3) facilitate tribal control in all matters relating to
the education of Indian children on Indian reservations and
on former Indian reservations in Oklahoma,
``(4) provide for the development of coordinated
educational programs on Indian reservations (including all
preschool, elementary, secondary, and higher or vocational
educational programs funded by tribal, Federal, or other
sources) by encouraging tribal administrative support of all
Bureau funded educational programs as well as encouraging
tribal cooperation and coordination with all educational
programs receiving financial support from State agencies,
other Federal agencies, or private entities,
``(5) provide for the development and enforcement of tribal
educational codes, including tribal educational policies and
tribal standards applicable to curriculum, personnel,
students, facilities, and support programs, and
``(6) otherwise comply with regulations for grants under
section 103(a) of the Indian Self-Determination and
Educational Assistance Act (25 U.S.C. 450h) that are in
effect on the date application for such grants are made.
``(c)(1) In approving and funding applications for grants
under this section, the Secretary shall give priority to any
application that--
``(A) includes assurances from the majority of Bureau
funded schools located within the boundaries of the
reservation of the applicant that the tribal department of
education to be funded under this section will provide
coordinating services and technical assistance to all of such
schools, including (but not limited to) the submission to
each applicable agency of a unified application for funding
for all of such schools which provides that--
``(i) no administrative costs other than those attributable
to the individual programs of such schools will be associated
with the unified application, and
``(ii) the distribution of all funds received under the
unified application will be equal to the amount of funds
provided by the applicable agency to which each of such
schools is entitled under law,
``(B) includes assurances from the tribal governing body
that the tribal department of education funded under this
section will administer all contracts or grants (except those
covered by the other provisions of this title and the
Tribally Controlled Community College Assistance Act of 1978)
for education programs administered by the tribe and will
coordinate all of the programs to the greatest extent
possible,
``(C) includes assurances for the monitoring and auditing
by or through the tribal department of education of all
education programs for which funds are provided by contract
or grant to ensure that the programs meet the requirements of
law, and
``(D) provides a plan and schedule for--
``(i) the assumption over the term of the grant by the
tribal department of education of all assets and functions of
the Bureau agency office associated with the tribe, insofar
as those responsibilities relate to education, and
``(ii) the termination by the Bureau of such operations and
office at the time of such assumption,
but when mutually agreeable between the tribal governing body
and the Assistant Secretary, the period in which such
assumption is to occur may be modified, reduced, or extended
after the initial year of the grant.
``(2) Subject to the availability of appropriated funds,
grants provided under this section shall be provided for a
period of 3 years and the grant may, if performance by the
grantee is satisfactory to the Secretary, be renewed for
additional 3-year terms.
``(d) The Secretary shall not impose any terms, conditions,
or requirements on the provision of grants under this section
that are not specified in this section.
``(e) For the purpose of carrying out the provisions of
this section, there are authorized to be appropriated
$2,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``SEC. 1146. PAYMENTS.
``(a)(1) Except as otherwise provided in this subsection,
the Secretary shall make payments to grantees under this part
in 2 payments--
``(A) one payment to be made no later than July 1 of each
year in an amount equal to one-half of the amount which the
grantee was entitled to receive during the preceding academic
year, and
``(B) the second payment, consisting of the remainder to
which the grantee is entitled for the academic year, shall be
made no later than December 1 of each year.
``(2) For any school for which no payment was made from
Bureau funds in the preceding academic year, full payment of
the amount computed for the first academic year of
eligibility under this part shall be made no later than
December 1 of the academic year.
``(3) With regard to funds for grantees that become
available for obligation on October 1 of the fiscal year for
which they are appropriated, the Secretary shall make
payments to grantees no later than December 1 of the fiscal
year.
``(4) The provisions of the Prompt Payment Act (31 U.S.C.
3901 et seq.) shall apply to the payments required to be made
by paragraphs (1), (2), and (3) of this subsection.''.
(b) Paragraph (3) is amended by striking ``Paragraphs (1)
and (2)'' and inserting in lieu thereof ``Paragraphs (1),
(2), and (3)'', and is renumbered as paragraph ``(5)''.
SEC. 352. APPLICATION WITH RESPECT TO INDIAN SELF-
DETERMINATION AND EDUCATION ASSISTANCE ACT.
Section 5209(a) of the Tribally Controlled Schools Act of
1988 (25 U.S.C. 2508(a)) is amended to read as follows:
``(a) Certain Provisions To Apply to Grants.--All
provisions of section 5, 6, 7, 104, 105(f), 109, and 111 of
the Indian Self-Determination and Education Assistance Act,
except those provisions relating to indirect costs and length
of contract, shall apply to grants provided under this
part.''.
SEC. 353. PAYMENTS.
Section 5209(e) of Public Law 100-297, the Tribally
Controlled Schools Act of 1988, is amended--
(1) by striking ``the amount of the grant under section
5205 (and the amount of funds referred to in that section),
any payments to be made under section 5208 of this Act,'' and
inserting in lieu thereof: ``a grant authorized to be made
pursuant to this part or any amendment to such grant'';
(2) by striking ``the amount of, or payment of, the
administrative grant'' and inserting in lieu thereof ``an
administrative cost grant''; and
(3) by adding at the end thereof ``and the Equal Access to
Justice Act shall apply to administrative appeals filed after
January 1, 1994, by grantees regarding the Tribally
Controlled Schools Grant and Administrative Cost Grants.''.
SEC. 354. ENDOWMENT FUNDS.
Section 302 of Public Law 95-471, the Tribally Controlled
Community Colleges Assistance Act of 1978, is amended--
[[Page 583]]
(1) in subsection (a), by striking ``section 333'' and
inserting in lieu thereof ``section 331'';
(2) in subsection (b), by deleting paragraph (1) and
inserting in lieu thereof the following:
``(1) provides for the investment and maintenance of funds
covered by such endowment account under the same conditions
and limitations as are in section 331 of the Higher Education
Act and the regulations implementing such provisions in
effect at the time such funds are invested;''; and
(3) in subsection (b)(3) by striking ``same'' the first
time it appears.
SEC. 355. HIGHER EDUCATION AMENDMENTS OF 1992.
Section 1518 of title XV of the Higher Education Amendments
of 1992 (relating to the Santa Fe Arts Institute) is
amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
``(6) For the purpose of complying with the contribution
requirement in this subsection, the Institute may use funds
or in-kind contributions of real or personal property. For
the purposes of this paragraph, all contributions, in-kind
and real estate, which are on hand as of November 29, 1990,
and which were received after June 2, 1988, but which have
not been included in their entirety in computations under
this section shall be eligible for matching with Federal
funds appropriated in any year.''; and
(2) in subsection (c), by striking paragraph (1) and
inserting in lieu thereof the following:
``(1) Funds in the trust funds described in subsections (a)
and (b) shall be invested under the same conditions and
limitations as are in section 331 of the Higher Education
Act, and the regulations implementing such provisions in
effect at the time such funds are invested.''.
TITLE IV--NATIONAL EDUCATION STATISTICS
SEC. 401. SHORT TITLE.
This title may be cited as the ``National Education
Statistics Act of 1994''.
SEC. 402. FINDINGS; PURPOSE; DEFINITIONS.
(a) Findings.--The Congress finds that--
(1) a Department of Education was established in 1867 ``for
the purpose of collecting such statistics and facts as shall
show the condition and progress of education in the several
States and territories, and of diffusing such information
respecting the organization and management of schools and
school systems and methods of teaching as shall aid the
people of the United States in the establishment and
maintenance of efficient school systems, and otherwise
promote the cause of education throughout the country'';
(2) today, while the role of the current Department of
Education is much broader, the National Center for Education
Statistics within the Department's Office of Educational
Research and Improvement continues to perform those crucial
original purposes; and
(3) looking to the 21st century, the National Center for
Education Statistics must be able to design and undertake,
effectively and efficiently, statistical activities that will
aid in reform of the Nation's educational systems.
(b) Purpose.--It is the purpose of this title to ensure the
continuation of an effective mechanism for collecting and
reporting statistics and information showing the condition
and progress of education in the United States and other
nations in order to promote and accelerate the improvement of
American education.
(c) Definitions.--For the purpose of this title, the term--
(1) ``Assistant Secretary'' means the Assistant Secretary
for Educational Research and Improvement, provided for under
section 202(b)(1)(E) of the Department of Education
Organization Act;
(2) ``Department'' means the Department of Education;
(3) ``institution of higher education'' has the same
meaning given such term in section 1201 of the Higher
Education Act of 1965;
(4) ``local educational agency'' has the same meaning given
such term in section 9101(13) of the Elementary and Secondary
Education Act of 1965;
(5) ``Secretary'' means the Secretary of Education;
(6) ``State educational agency'' has the same meaning given
such term in section 9101(20) of the Elementary and Secondary
Education Act of 1965; and
(7) ``United States'' and ``State'' mean--
(A) other than for the purpose of section 411, each of the
50 States, the District of Columbia, and the Commonwealth of
Puerto Rico; and
(B) for the purpose of section 411, mean the same as in
subparagraph (A) and include Guam, American Samoa, the Virgin
Islands, the Commonwealth of the Northern Mariana Islands,
and the Republic of Palau (until the effective date of the
Compact of Free Association with the Government of Palau).
SEC. 403. NATIONAL CENTER FOR EDUCATION STATISTICS.
(a) Establishment.--There is established, within the Office
of Educational Research and Improvement established under
section 209 of the Department of Education Organization Act,
a National Center for Education Statistics (the ``Center'').
(b) Commissioner and Associate Commissioners.--(1) The
Center shall be headed by a Commissioner of Education
Statistics (the ``Commissioner'') who shall be appointed by
the President, by and with the advice and consent of the
Senate, and who shall--
(A) have substantial knowledge of programs encompassed by
the Center;
(B) be paid in accordance with section 5315 of title 5,
United States Code; and
(C) serve for a term of 4 years, with the terms to expire
every fourth June 21, beginning in 1995.
(2) The Commissioner may appoint such Associate
Commissioners as the Commissioner determines are necessary
and appropriate.
SEC. 404. DUTIES OF THE CENTER.
(a) Duties.--The duties of the Center are to collect,
analyze, and disseminate statistics and other information
related to education in the United States and in other
nations, including--
(1) collecting, acquiring, compiling (where appropriate, on
a State by State basis), and disseminating full and complete
statistics on the condition and progress of education, at the
preschool, elementary, secondary, and postsecondary levels in
the United States, including data on--
(A) State and local school reform activities;
(B) student achievement and other educational outcomes at
all levels of education;
(C) out of school youth and adults;
(D) teachers, administrators, counselors, and other
educational personnel at all levels of education, including
the supply and demand for such teachers;
(E) the learning and teaching environment, including the
nature and incidence of violence affecting students, school
personnel, and other individuals participating in school
activities;
(F) violence against teachers and students, and other
indices of school safety;
(G) financing and management of education; and
(H) the socioeconomic status of children;
(2) conducting and publishing reports and analyses of the
meaning and significance of such statistics;
(3) conducting longitudinal studies, as well as regular and
special surveys and data collections, necessary to report on
the condition and progress of education;
(4) collecting, analyzing, cross-tabulating, and reporting,
to the extent feasible, so as to provide information by
gender, race, socioeconomic status, limited-English
proficiency, and other population characteristics when such
disaggregated information would facilitate educational and
policy decisionmaking;
(5) assisting public and private educational agencies,
organizations, and institutions in improving and automating
statistical and data collection activities; and
(6) acquiring and disseminating data on educational
activities and student achievement in the United States
compared with foreign nations.
(b) Training Program.--The Commissioner may establish a
program to train employees of public and private educational
agencies, organizations, and institutions in the use of the
Center's standard statistical procedures and concepts and may
establish a fellows program to appoint such employees as
temporary fellows at the Center in order to assist the Center
in carrying out its duties.
SEC. 405. PERFORMANCE OF DUTIES.
(a) In General.--In carrying out the duties under this
title, the Commissioner may enter into grants, contracts, and
cooperative agreements.
(b) Gathering Information.--(1) The Commissioner may use
the statistical method known as sampling to carry out the
purpose of this title.
(2) The Commissioner may, as the Commissioner considers
appropriate, use information collected--
(A) from States, local educational agencies, public and
private schools, preschools, institutions of higher
education, libraries, administrators, teachers, students, the
general public, and such other individuals, organizations,
agencies, and institutions as the Commissioner may consider
appropriate; and
(B) by other offices within the Department and by other
Federal departments, agencies, and instrumentalities.
(3) The Commissioner may--
(A) enter into interagency agreements for the collection of
statistics;
(B) arrange with an agency, organization, or institution
for the collection of statistics; and
(C) assign employees of the Center to any such agency,
organization, or institution to assist in such collection.
(4) In order to maximize the effectiveness of Federal
efforts to serve the educational needs of children and youth,
the Commissioner shall--
(A) provide technical assistance to Department offices that
gather data for statistical purposes; and
(B) coordinate closely with other Department offices in the
collection of data.
SEC. 406. REPORTS.
(a) Report on the Condition and Progress of Education.--The
Commissioner shall, no later than June 1 of each year, submit
to the President and the Congress a statistical report
regarding the condition and progress of education in the
United States.
(b) Statistical Reports.--The Commissioner shall issue
regular statistical reports to the President and Congress on
such education topics as the Commissioner determines to be
appropriate.
(c) Special Reports.--The Commissioner may, whenever the
Commissioner considers it appropriate, issue special reports
on particular education topics.
[[Page 584]]
SEC. 407. ADVISORY COUNCIL ON EDUCATION STATISTICS.
(a) Establishment.--There is established, within the
Center, the Advisory Council on Education Statistics
(referred to in this title as the ``Council'').
(b) Membership.--(1) The Council shall be composed of--
(A) 18 voting members who are users of education data and
who are appointed by the Secretary on the basis of their
experience and eminence within the field, of whom at least--
(i) 3 shall be practicing educators at the preschool,
elementary, or secondary level;
(ii) 3 shall be education policymakers;
(iii) 3 shall be professional statisticians;
(iv) 3 shall be education researchers; and
(v) 3 shall be experts in educational measurement;
(B) 3 individuals representing the general public,
appointed by the Secretary;
(C) the Director of the Census and the Commissioner of
Labor Statistics, as voting, ex officio members; and
(D) the Assistant Secretary and the Commissioner, as
nonvoting, ex officio members.
(2) The Commissioner shall appoint the presiding officer of
the Council from among the voting members.
(3) Members of the Council appointed under paragraph (1)(A)
shall be appointed for 3-year terms except that, in the case
of initial appointments, the Secretary shall make
appointments for shorter terms to the extent necessary to
avoid the expiration of the terms of more than 6 members in
the same calendar year.
(4)(A) The Council shall meet in public session at the call
of the presiding officer, except that it shall meet--
(i) at least 2 times during each calendar year; and
(ii) in addition, whenever 10 voting members request in
writing that the presiding officer call a meeting.
(B) 11 voting members of the Council shall constitute a
quorum.
(5) The Council shall--
(A) review general policies for the operation of the Center
and shall advise the Commissioner on standards to ensure that
statistics and other information disseminated by the Center
are of high quality and are not subject to partisan political
influence; and
(B) advise the Commissioner and the National Assessment
Governing Board on matters related to the National Assessment
of Education Progress.
(6) The Council shall appoint a staff to enable the Council
to carry out its duties.
SEC. 408. CONFIDENTIALITY.
(a) General.--(1)(A) The Center shall develop and enforce
standards designed to protect the confidentiality of persons
in the collection, reporting, and publication of data under
this section.
(B) This section shall not be construed to protect the
confidentiality of information about institutions,
organizations, and agencies that receive grants from, or have
contracts or cooperative agreements with, the Federal
Government.
(2) No person may--
(A) use any individually identifiable information furnished
under this title for any purpose other than a statistical
purpose;
(B) make any publication whereby the data furnished by any
particular person under this title can be identified; or
(C) permit anyone other than the individuals authorized by
the Commissioner to examine the individual reports.
(b) Administration.--(1)(A) No department, bureau, agency,
officer, or employee of the Government, except the
Commissioner in carrying out the purposes of this title,
shall require, for any reason, copies of reports that have
been filed under this title with the Center or retained by
any individual respondent.
(B) Copies of such reports that have been so filed or
retained with the Center or any of its employees,
contractors, or agents shall be immune from legal process,
and shall not, without the consent of the individual
concerned, be admitted as evidence or used for any purpose in
any action, suit, or other judicial or administrative
proceeding.
(C) This paragraph shall apply only to individually
identifiable information (as defined in paragraph (5)(A)).
(2) Whoever, being or having been an employee or staff
member of the Department, having taken or subscribed the oath
of office, or having sworn to observe the limitations imposed
by subsection (a)(2), knowingly publishes or communicates any
individually identifiable information (as defined in
paragraph (5)(A)), the disclosure of which is prohibited by
subsection (a)(2), and that comes into such individual's
possession by reason of employment (or otherwise providing
services) under this title, shall be found guilty of a class
E felony and imprisoned for not more than 5 years, or fined
as specified in 18 U.S.C. 3571, or both.
(3) The Commissioner may utilize temporary staff, including
employees of Federal, State, or local agencies or
instrumentalities including local educational agencies, and
employees of private organizations to assist the Center in
performing its responsibilities, but only if such temporary
staff are sworn to observe the limitations imposed by this
section.
(4) No collection of information or data acquisition
activity undertaken by the Center shall be subject to any
review, coordination, or approval procedure except as
required by the Director of the Office of Management and
Budget under the rules and regulations established pursuant
to chapter 35 of title 44, United States Code, except such
collection of information or data acquisition activity may be
subject to review or coordination if the Commissioner
determines that such review or coordination would be
beneficial.
(5) For the purposes of this section--
(A) the term ``individually identifiable information''
means any record, response form, completed survey, or
aggregation thereof from which information about individuals
may be revealed; and
(B) the term ``report'' means a response provided by or
about an individual to an inquiry from the Center and does
not include a statistical aggregation from which individually
identifiable information cannot be revealed.
(6) This paragraph shall not apply to--
(A) the survey required by section 1303(c) of the Higher
Education Amendments of 1986; or
(B) to any longitudinal study concerning access, choice,
persistence progress, or attainment in postsecondary
education.
(7) Any person who uses any data provided by the Center, in
conjunction with any other information or technique, to
identify any individual student, teacher, administrator, or
other individual and who knowingly discloses, publishes, or
uses for a purpose other than a statistical purpose, or who
otherwise violates subsection (a)(2)(A) or (B), shall be
found guilty of a class E felony and imprisoned for not more
than 5 years, or fined as specified in section 3571 of title
18 of the United States Code, or both.
(8) Nothing in this section shall restrict the right of the
Secretary, the Comptroller General of the United States, the
Director of the Congressional Budget Office, and the
Librarian of Congress to gain access to any reports or other
records, including information identifying individuals, in
the Center's possession, except that the same restrictions on
disclosure that apply to the Center under subsection (b)(1)
and (7) shall apply.
SEC. 409. DISSEMINATION.
(a) General Requests.--(1) The Center may furnish
transcripts or copies of tables and other statistical records
and make special statistical compilations and surveys for
State and local officials, public and private organizations,
and individuals.
(2) The Center shall provide State and local educational
agencies opportunities to suggest the development of
particular compilations of statistics, surveys, and analyses
that would assist such educational agencies.
(b) Congressional Requests.--The Center shall furnish such
special statistical compilations and surveys as the Congress
may request.
(c) Joint Statistical Projects.--The Secretary may engage
in joint statistical projects related to the purposes of this
Act or other statistical purposes authorized by law with
nonprofit organizations or agencies, and the cost of such
projects shall be shared equitably as determined by the
Secretary.
(d) Fees.--(1) Statistical compilations and surveys under
this section, other than those carried out pursuant to
subsections (b) and (c), may be made subject to the payment
of the actual or estimated cost of such work.
(2) All funds received in payment for work or services
described in this paragraph shall be deposited in a separate
account that may be used to pay directly the costs of such
work or services, to repay appropriations that initially bore
all or part of such costs, or to refund excess sums when
necessary.
(e) Access.--(1) The Center shall cooperate with other
Federal agencies having a need for educational data in
providing access to educational data received by the Center.
(2) The Center shall, in accordance with such terms and
conditions as the Secretary may prescribe, provide all
interested parties, including public and private agencies and
individuals, direct access to data collected by the Center
for the purposes of research and acquiring statistical
information.
SEC. 410. COOPERATIVE EDUCATION STATISTICS SYSTEMS.
The Commissioner shall establish 1 or more national
cooperative education statistics systems for the purpose of
producing and maintaining, with the cooperation of the
States, comparable and uniform information and data on
elementary and secondary education, postsecondary education,
and libraries that are useful for policymaking at the
Federal, State, and local levels. In carrying out this
section, the Commissioner may provide technical assistance
and make grants and enter into contracts and cooperative
agreements.
SEC. 411. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.
(a) Establishment.--The Commissioner shall, with the advice
of the Council established by section 407, carry out, through
grants, contracts, or cooperative agreements with 1 or more
qualified organizations, or consortia thereof, a National
Assessment of Educational Progress (the ``National
Assessment'').
(b) Purpose; Contents.--(1) The purpose of the National
Assessment is to provide a fair and accurate presentation of
educational achievement in reading, writing, and other
subjects that are included in National Education Goal Three.
(2) The Commissioner, in carrying out the National
Assessment, shall use sampling techniques that produce data
that are representative on a national and regional basis and
on a State basis pursuant to paragraph (3). In addition, the
Commissioner shall--
(A) collect and report data on a periodic basis, but at
least once every 2 years, on students at ages 9, 13, and 17
and in grades 4, 8, and 12 in public and private schools;
[[Page 585]]
(B) report achievement data on a basis that ensures valid
and reliable trend reporting;
(C) include information on special groups; and
(D) ensure that achievement data are made available on a
timely basis following official reporting, in a manner that
facilitates further analysis.
(3)(A)(i) The Commissioner, in carrying out the National
Assessment, may conduct State assessments of student
achievement in grades 4, 8, and 12.
(ii) Each such State assessment, in each subject area and
at each grade level shall be conducted on a trial basis.
(B)(i) States wishing to participate in State assessments
shall enter into an agreement with the Secretary pursuant to
subsection (d)(2).
(ii) Such agreement shall contain information sufficient to
give States full information about the process for consensus
decisionmaking on objectives to be tested, and of the
standards for sampling, test administration, test security,
data collection, validation, and reporting.
(C) A participating State shall review and give permission
for the release of results from any test of its students
administered as a part of a State assessment prior to the
release of such data. Refusal by a State to release its data
shall not restrict the release of data from other States that
have approved the release of such data.
(4) In carrying out the National Assessment, the
Commissioner shall not collect any data that are not directly
related to the appraisal of educational performance,
achievement, and traditional demographic reporting variables,
or to the fair and accurate presentation of such information.
(5) In carrying out the National Assessment, the
Commissioner may provide technical assistance to States,
localities, and other parties.
(c) Access.--(1) Except as provided in paragraph (2), the
public shall have access to all data, questions, and test
instruments of the National Assessment.
(2)(A) The Commissioner shall ensure that all personally
identifiable information about students, their educational
performance, and their families, and that information with
respect to individual schools, remains confidential, in
accordance with section 552a of title 5, United States Code.
(B) Notwithstanding any other provision of law, the
Commissioner may decline to make available to the public for
a period, not to exceed 10 years after initial use, cognitive
questions that the Commissioner intends to reuse in the
future.
(C)(i) The Commissioner may, upon the request of a State
educational agency or a local educational agency, in a
limited number of cases and on a trial basis, make National
Assessment test instruments available for assessing aggregate
student achievement at the local educational agency level.
(ii)(I) Participation by a local educational agency shall
be voluntary.
(II) A State requesting the participation of a local
educational agency must accompany this request with a
statement of full written concurrence by such agency and that
such agency is requesting to participate in the local
assessment.
(iii) Before receiving such instruments, an agency shall
provide the Commissioner with assurances that confidentiality
and security requirements and testing protocols, prescribed
by the Commissioner, will be complied with in the use of such
instruments.
(d) Participation.--(1) Participation in the national and
regional assessments by State and local educational agencies
shall be voluntary.
(2) Participation in assessments made on a State basis
shall be voluntary. The Commissioner shall enter into an
agreement with any State that desires to carry out an
assessment for the State under this subsection. Each such
agreement shall contain provisions designed to ensure that
the State will--
(A) participate in the assessment; and
(B) pay from non-Federal sources the non-Federal share of
participation.
(3)(A) For each fiscal year, the non-Federal share for the
purpose of paragraph (2)(B) shall be--
(i) the cost of conducting the assessment at the school
level for all public schools in the State sample, including
the analysis and reporting of the data;
(ii) the cost of coordination within the State; and
(iii) other reasonable costs specified by the Secretary in
the agreement described in paragraph (2).
(B) The non-Federal share of payments under this paragraph
may be in cash or in kind, fairly valued.
(C) The agreement described in paragraph (2) shall describe
the manner in which, the costs of administering the
assessment to private nonprofit schools included in the State
sample may be met.
(4) The implementation of subparagraph (C) of paragraph (2)
of subsection (d) shall involve no cost to the Federal
Government.
(e) Student Performance Levels.--(1) The National
Assessment Governing Board established under section 412,
working with the Assistant Secretary, shall develop
appropriate student performance levels for each age and grade
in each subject area to be tested under the National
Assessment.
(2) The Commissioner, with the advice of the Council, shall
establish rigorous standards for the evaluation of such
levels.
(3)(A) Such levels shall be--
(i) devised through a national consensus approach,
providing for active participation of teachers, curriculum
specialists, local school administrators, parents, and
concerned members of the general public;
(ii) used on a trial basis until the Commissioner
determines, through an evaluation under subsection (f), that
such levels meet the standards under paragraph (2) and are
reasonable, valid, and informative to the public; and
(iii) updated as appropriate.
(B) In using such levels on a trial basis, the Commissioner
and the Board may only issue reports on such levels separate
and apart from the regular reports on the National Assessment
and State assessments.
(4) After determining that such levels are reasonable,
valid and informative, the Commissioner may use such levels
or other methods or indicators for reporting results of the
National Assessment and State assessments.
(f) Review of National and State Assessments.--(1) The
Commissioner shall provide for continuing reviews by the
National Academy of Education or the National Academy of
Sciences of the National Assessment, State assessments, local
educational agency assessments, and student performance
levels. Such reviews shall address whether each trial state
assessment is properly administered, produces high quality
data that is valid and reliable, produces data on student
achievement that is not otherwise available to the State
exclusive of data comparing participating States to each
other and the Nation, and is a cost-effective method of
producing the data. The Commissioner shall also carry out
evaluation studies by the Center and solicitation of public
comment on the conduct and usefulness of the National
Assessment. The Commissioner shall report to the Congress,
the President, and the Nation on the findings and
recommendations of such reviews.
(2) The Commissioner shall consider the findings and
recommendations in designing the competition to select the
organization, or organizations, through which the Office
carries out the National Assessment.
(g) Coverage Agreements.--(1) The Secretary and the
Secretary of Defense may enter into an agreement, including
such terms as are mutually satisfactory, to include in the
National Assessment the defense dependents education system
established under the Defense Dependents' Education Act of
1978.
(2) The Secretary and the Secretary of the Interior may
enter into an agreement, including such terms as are mutually
satisfactory, to include in the National Assessment schools
for Indian children operated or supported by the Bureau of
Indian Affairs.
SEC. 412. NATIONAL ASSESSMENT GOVERNING BOARD.
(a) Establishment.--There is established the National
Assessment Governing Board (the ``Board'') which shall
formulate policy guidelines for the National Assessment, as
provided in subsection (e).
(b) Membership.--(1) The Board shall be appointed by the
Secretary and shall be composed of--
(A) 2 Governors, or former Governors, who shall not be
members of the same political party;
(B) 2 State legislators, who shall not be members of the
same political party;
(C) 2 chief State school officers;
(D) 1 member of a State board of education;
(E) 1 superintendent of a local educational agency;
(F) 1 member of a local board of education;
(G) 3 classroom teachers representing the grade levels at
which the National Assessment is conducted;
(H) 1 representative of business or industry;
(I) 2 curriculum specialists;
(J) 3 testing and measurement experts;
(K) 1 nonpublic school administrator or policymaker;
(L) 2 school principals, one of whom is an elementary
school principal and the other of whom is a secondary
principal; and
(M) 4 additional members who are representatives of the
general public, including parents.
(2) The Assistant Secretary for Educational Research and
Improvement shall serve an an ex officio and nonvoting member
of the Board.
(3) In making appointments under this subsection and
filling vacancies under subsection (d), the Secretary shall
ensure that the membership of the Board reflects regional,
racial, gender, and cultural diversity and balance.
(c) Terms.--(1) Terms of service of members of the Board
shall be staggered and may not exceed a period of 3 years, as
determined by the Secretary.
(2) Members of the Board may serve not more than two
consecutive terms.
(3) A member of the Board who changes status under
subsection (b) during the term of the appointment of the
member may continue to serve as a member until the expiration
of such term.
(d) Vacancies.--The Secretary shall appoint new members to
fill vacancies on the Board--
(1) after soliciting recommendations from a wide variety of
organizations, including those representing the types of
individuals listed in subsection (b)(1); and
(2) in a manner which maintains the composition, diversity
and balance of the Board required under subsection (b).
(e) Duties.--(1) The Board, working with the Assistant
Secretary, shall develop--
(A) appropriate student performance levels as provided in
section 411(e);
[[Page 586]]
(B) assessment objectives and test specifications through a
national consensus approach which includes the active
participation of teachers, curriculum specialists, local
school administrators, parents, and concerned members of the
public;
(C) guidelines for analysis plans and for reporting and
disseminating National Assessment results; and
(D) recommendations for actions needed to improve the form
and use of the National Assessment.
(2) The Board, working with the Commissioner, shall take
steps to ensure that all items selected for use in the
National Assessment are free from racial, cultural, gender,
or regional bias.
(3) In carrying out the duties required by paragraph (1),
the Board shall seek technical advice, as appropriate, from
the Commissioner and the Advisory Council on Education
Statistics.
(4) Within 90 days following an evaluation of the student
performance levels under section 411(f), the Board shall make
a report to the Secretary of Education, the Committee on
Education and Labor of the House of Representatives, and the
Committee on Labor and Human Resources of the Senate
describing the steps the Board is taking to respond to each
of the recommendations contained in such evaluation.
(f) Personnel.--(1) The Secretary may appoint, at the
request of the Board, such staff as will enable the Board to
carry out its responsibilities under subsection (e)(1).
(2) Such appointments may include, for terms not to exceed
3 years and without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service, not more than 6 technical employees who may be paid
without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of such title relating to classification
and General Schedule pay rates.
(g) Coordination.--The Commissioner and the Board shall
meet periodically to ensure coordination of their duties and
activities relating to the National Assessment.
(h) Administration.--(1) Sections 10, 11, and 12 of the
Federal Advisory Committee Act are the only sections of such
Act that shall apply with respect to the Board.
(2)(A) No member or employee of the Board, in the course of
the official duties of such member or employee, may engage in
activities designed to directly or indirectly influence
legislation which is or may be considered by the Congress,
except in instances where a representative of the Board has
been invited to provide testimony before a committee of the
Congress.
(B) Any member or employee of the Board who knowingly
engages in the conduct prohibited by subparagraph (A) may be
subject to either confinement for a period not to exceed 6
months or a fine not to exceed $10,000, or both.
SEC. 413. AUTHORIZATION OF APPROPRIATIONS.
(1) There are authorized to be appropriated to carry out
this title (except section 412), $103,200,000 for fiscal year
1995 and such sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.
(2) There are authorized to be appropriated to carry out
section 412 $2,000,000 for each of the fiscal years 1995 and
1996.
TITLE V--MISCELLANEOUS
SEC. 501. EVALUATION OF FEDERAL EFFORTS TO ASSIST IN SCHOOL
REFORM.
(a)(1) In collaboration with the national assessment
conducted pursuant to title I of the Elementary and Secondary
Education Act as amended by this Act, the Secretary of
Education shall conduct a comprehensive evaluation of how the
Federal Government has assisted the States to reform their
educational systems through the various education laws
enacted during the 103d Congress.
(2) Such evaluation shall encompass the changes made in
Federal programs pursuant to this Act as well as in any other
law enacted during this Congress amending a Federal program
assisting pre-elementary, elementary, or secondary education.
In addition, such evaluation shall encompass new initiatives
enacted into law, such as the Goals 2000: Educate America
Act, and the School-to-Work Opportunities Act and shall be
coordinated with evaluations of such Acts.
(b)(1) This evaluation shall include a comprehensive review
of these laws and programs to determine their overall effect
on--
(A) the readiness of children for schooling,
(B) the improvement in educational attainment of students
in elementary and secondary education, and
(C) the improvement in skills needed by students to obtain
employment upon completion of high school or further
education.
(2) This evaluation shall also include a comprehensive
review of these programs to determine their overall effect--
(A) on school reform efforts undertaken by States,
(B) on efforts by States to adopt educational standards to
improve schooling for all children, to align their curricula,
teacher training, and assessments with such standards, and to
bring flexibility to the rules governing how education is to
be provided, and
(C) on student populations who have been the traditional
beneficiaries of Federal assistance to determine whether
their educational attainment has been improved through these
changes.
(3) This evaluation shall also evaluate how the National
Assessment Governing Board, the Advisory Council on Education
Statistics, the National Education Goals Panel, the National
Education Statistics and Improvement Council and any other
Board established to analyze, address, or approve standards
and assessments coordinates, interacts, and/or duplicates
efforts to assist the States to reform their educational
systems.
(4) This evaluation shall also include a review of these
laws and programs in such detail as the Secretary deems
appropriate and may involve cooperation with other Federal
departments and agencies in order to incorporate their
evaluations and recommendations.
(c)(1) The Secretary shall appoint an independent panel to
review the plan for this evaluation, to advise on its
progress, and to comment, if it so wishes, on the final
report. The panel shall not be subject to the Federal
Advisory Committee Act.
(2) The Secretary shall submit this report by January 1,
1998, to the Committee on Education and Labor of the United
States House of Representatives and to the Committee on Labor
and Human Resources.
SEC. 502. STUDY OF THE EFFECTIVENESS AND IMPACT OF FEDERAL
CATEGORICAL AID PROGRAMS.
(a) Study.--In addition to the national assessment
conducted pursuant to section 1501 of the Elementary and
Secondary Education Act of 1965, as amended by section 101 of
this Act, the Secretary of Education shall conduct a
comprehensive study of the effectiveness of other Federal
categorical aid programs and the administrative impact of
such programs on schools and local educational agencies.
(b) Contents.--Such study shall--
(1) examine the effectiveness of elementary and secondary
school categorical programs, including those authorized in
this Act and elsewhere, in improving the educational
achievement of participating students;
(2) encompass an in-depth evaluation of the administrative
impact of the broad range of categorical programs on
participating schools and local educational agencies;
(3) include a comprehensive review of the programs to
determine their effect on--
(A) the improvement in educational achievement of
participating students;
(B) school and local educational agencies' administrative
responsibilities and structure, including the use of local
and State resources, with particular attention to schools and
agencies serving a high concentration of disadvantaged
students; and
(C) overall school reform efforts, including efforts
undertaken by States and encouraged by Federal laws, such as
the Goals 2000: Educate America Act;
(4) evaluate the effect of Federal categorical programs at
the elementary and secondary levels on the proliferation of
State categorical education aid programs and regulations, and
the impact on student achievement and school and local
educational agency administrative responsibilities and
structure; and
(5) examine the effect of waivers on categorical program
requirements and other flexibility provisions in this Act,
the School-to-Work Opportunities Act, and the Goals 2000:
Educate America Act on improvement in educational achievement
of participating students and on school and local educational
agency administrative responsibilities, structure, and
resources.
(c) Panel.--The Secretary shall appoint an independent
panel to review the plan for the study, to advise on the
progress of the study, and to comment, if it so wishes, on
the final report.
(d) Report.--The Secretary shall submit the report not
later than January 1, 1997, to the Committee on Education and
Labor of the House of Representatives, to the Senate
Committee on Labor and Human Resources, and to the Labor,
Health and Human Services, and Education Subcommittees of the
House and Senate Appropriations Committees.
SEC. 503. BUDGET COMPLIANCE.
Any authority or requirement to make funds available under
this Act shall be effective only to the extent provided in
appropriations Acts.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. HUGHES, announced that the yeas had it.
The question being put, viva voce,
Will the House pass said bill?
Mr. GOODLING demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
289
<3-line {>
affirmative
Nays
128
Para. 30.22 [Roll No. 95]
AYES--289
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Bentley
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
[[Page 587]]
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Carr
Castle
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Fowler
Frank (MA)
Franks (CT)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Glickman
Gonzalez
Goodling
Gordon
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Klug
Kopetski
Kreidler
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDade
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pomeroy
Porter
Poshard
Price (NC)
Quinn
Rahall
Ramstad
Rangel
Reed
Reynolds
Richardson
Roemer
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Saxton
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Snowe
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Taylor (MS)
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Torkildsen
Torres
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Young (FL)
NOES--128
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Bereuter
Bliley
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fields (TX)
Franks (NJ)
Gekas
Gingrich
Goodlatte
Goss
Grams
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kasich
Kim
King
Kingston
Knollenberg
Kolbe
Kyl
Levy
Lewis (CA)
Lightfoot
Linder
Livingston
Manzullo
McCandless
McCollum
McCrery
McHugh
McInnis
McKeon
Mica
Michel
Miller (FL)
Moorhead
Myers
Nussle
Oxley
Packard
Paxon
Pombo
Portman
Pryce (OH)
Quillen
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Roth
Royce
Santorum
Schaefer
Schiff
Sensenbrenner
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Talent
Tauzin
Taylor (NC)
Thomas (WY)
Vucanovich
Walker
Wolf
Young (AK)
Zeliff
Zimmer
NOT VOTING--16
Barton
Cardin
Derrick
Ford (TN)
Gallegly
Gallo
Grandy
LaFalce
Lewis (FL)
McMillan
Natcher
Pickle
Smith (TX)
Torricelli
Washington
Whitten
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
By unanimous consent, the title was amended so as to read: ``An Act to
extend for five years the authorizations of appropriations for the
programs under the Elementary and Secondary Education Act of 1965, and
for certain other purposes.''.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 30.23 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate agreed to the report of the committee of conference on
the disagreeing votes of the two Houses on the amendment of the House to
the amendment of the Senate to the bill (H.R. 3345) ``An Act to provide
temporary authority to Government agencies relating to voluntary
separation incentive payments, and for other purposes.''.
The message also announced that the Senate agreed to the amendment of
the House to the bill (S. 1636) ``An Act to authorize appropriations for
the Marine Mammal Protection Act of 1972 and to improve the program to
reduce the incidental taking of marine mammals during the course of
commercial fishing operations, and for other purposes.''
Para. 30.24 change of conferee--s. 349
The SPEAKER pro tempore, Mr. LAUGHLIN, by unanimous consent, appointed
Mr. Synar as a conferee on the part of the House to the conference with
the Senate on the disagreeing votes of the two Houses on the amendment
of the Senate to the bill of the Senate (S. 349) to provide for the
disclosure of lobbying activities to influence the Federal Government,
and for other purposes, vice Mr. Frank.
Ordered, That the Clerk notify the Senate thereof.
Para. 30.25 clerk to correct engrossment--h.r. 6
On motion of Mr. KILDEE, by unanimous consent,
Ordered, That in the engrossment of the bill (H.R. 6) to extend for
six years the authorizations of appropriations for the programs under
the Elementary and Secondary Education Act of 1965, and for certain
other purposes, the Clerk be authorized to correct section numbers,
punctuation, cross references, and to make other technical corrections.
Para. 30.26 permission to file sundry reports
On motion of Mr. BROOKS, by unanimous consent, the Committee on the
Judiciary was granted permission until Friday, March 25, 1994, to file
sundry reports.
Para. 30.27 further message from the senate
A further message from the Senate by Mr. Hallen, one of its clerks,
announced that the Senate had passed without amendment a concurrent
resolution of the House of the following title:
H. Con. Res. 232. Concurrent resolution providing for an
adjournment of the two Houses.
Para. 30.28 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. PICKLE, for March 23 after 4 p.m. and the balance of the week;
and
To Mr. LEWIS of Florida, for today.
And then,
Para. 30.29 adjournment
On motion of Ms. MINK, pursuant to the provisions of House Concurrent
Resolution 232, at 11 o'clock and 10 minutes p.m., the House adjourned
until 12 o'clock noon on Tuesday, April 12, 1994.
Para. 30.30 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. ROSTENKOWSKI: Committee on Ways and Means. H.R. 4066, A
bill to suspend temporarily the duty on the personal effects
of participants in, and certain other individuals associated
with, the 1994 World Cup Soccer Games, the 1994 World Rowing
Championships, the 1995 Special Olympics World Games, the
1996 Summer Olympics, and the 1996 Paralympics (Rept. No.
103-454). Referred to the Committee of the Whole House on the
state of the Union.
Mr. MINETA: Committee on Public Works and Transportation.
S. 1206, An Act to redesignate the Federal building located
at 380 Trapelo Road in Waltham, MA, as the ``Frederick C.
Murphy Federal Center'' (Rept. No. 103-455). Referred to the
House Calendar.
Mr. MINETA: Committee on Public Works and Transportation.
H.R. 3693. A bill to des-
[[Page 588]]
ignate the U.S. courthouse under construction in Denver, CO
as the ``Byron White United States Courthouse'' (Rept. No.
103-456). Referred to the House Calendar.
Mr. MINETA: Committee on Public Works and Transportation.
H.R. 3770. A bill to designate the U.S. courthouse located at
940 Front Street in San Diego, CA, and the Federal building
attached to the courthouse as the ``Edward J. Schwartz
Courthouse and Federal Building'' (Rept. No. 103-457).
Referred to the House Calendar.
Mr. BROOKS: Committee on the Judiciary. H.R. 4017. A bill
to amend title 28, United States Code, to prevent racially
discriminatory capital sentencing (Rept. No. 103-458).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. BROOKS: Committee on the Judiciary, H.R. 4033. A bill
to assist in the prevention of crime by initiating a
comprehensive community justice program; with an amendment
(Rept. No. 103-459, Pt. 1). Ordered to be printed.
Mr. BROOKS: Committee on the Judiciary, H.R. 3979. A bill
to amend title 18, United States Code, with respect to
certain mandatory minimum sentences; with an amendment (Rept.
No. 103-460). Referred to the Committee of the Whole House on
the State of the Union.
Para. 30.31 reported bills sequentially referred
Under clause 5 of rule X, bills and reports were delivered
to the Clerk for printing, and bills referred as follows.
Mr. MINETA: Committee on Public Works and Transportation.
H.R. 3567. A bill to amend the John F. Kennedy Center Act to
transfer operating responsibilities to the Board of Trustees
of the John F. Kennedy Center for the Performing Arts, and
for other purposes, with an amendment; referred to the
Committee on Natural Resources for a period ending not later
than April 29, 1994, for consideration of such provisions of
the bill and amendment as fall within the jurisdiction of the
committee pursuant to clause 1(n), rule X (Rept. No. 103-453,
Pt. 1). Ordered to be printed.
Para. 30.32 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. MONTGOMERY (for himself and Mr. Rowland):
H.R. 4124. A bill to amend title 38, United States Code, to
reform health care policy in the Department of Veterans
Affairs; to the Committee on Veterans' Affairs.
By Mr. HUGHES (for himself and Mr. Saxton):
H.R. 4125. A bill to improve the national flood insurance
program to increase the stability of the National Flood
Insurance Fund through improved risk management, enhanced
compliance, and incentives for mitigation, and for other
purposes; to the Committee on Banking, Finance and Urban
Affairs.
By Ms. LOWEY (for herself, Mr. Lewis of Georgia, Mr.
Frost, Mr. Parker, Mr Gene Green of Texas, and Mr.
Faleomavaega):
H.R. 4126. A bill to offer States a national welfare reform
option and incentives to implement the welfare reform option,
to strengthen child support enforcement, to provide all
States with the flexibility and resources necessary to
promote work and self-sufficiency, to expand access to
affordable child care, and for other purposes; jointly, to
the Committees on Ways and Means and Education and Labor.
By Mr. BARCA of Wisconsin (for himself, Mr. Hansen, Mr.
Thomas of Wyoming, Mr. Condit, and Mr. Peterson of
Minnesota):
H.R. 4127. A bill to require the Secretary of the Treasury
to biannually pay to State and local governments compensation
for direct costs incurred by those governments in complying
with Federal mandates; to the Committee on Government
Operations.
By Mr. BROWN of Ohio (for himself, Mr. Dingell, Mr.
Waxman, and Mr. Stokes):
H.R. 4128. A bill to require providers of home infusion
therapy services to be licensed and to limit physician
referrals for services in which the physician has a financial
interest; jointly, to the Committees on Energy and Commerce
and Ways and Means.
By Mrs. CLAYTON:
H.R. 4129. A bill to provide needed credit and financial
services to rural residents, public services, and business
enterprises, and for other purposes; to the Committee on
Agriculture.
By Mr. DARDEN (for himself, Mr. Lightfoot, and Mr.
Hoyer):
H.R. 4130. A bill to require that all Federal recurring
payments be paid by electronic funds transfer, and for other
purposes; to the Committee on Government Operations.
By Mr. DARDEN:
H.R. 4131. A bill to amend the Internal Revenue Code of
1986 to make the income tax more equitable for families; to
the Committee on Ways and Means.
By Mr. GEJDENSON:
H.R. 4132. A bill to amend the Truth in Lending Act to
provide for a cap on consumer credit card interest rates; to
the Committee on Banking, Finance and Urban Affairs.
By Mr. GRANDY (for himself, Mr. Rose, Mr. Lewis of
Florida, Mr. Lightfoot, Mr. Leach, and Mr. Nussle):
H.R. 4133. A bill to expand the Tree Assistance Program of
the Department of Agriculture to assist agriculture producers
to pay the costs of replanting commercially grown trees and
seedlings, ornamental plants, and other perennial plants that
are destroyed by damaging weather or related condition and to
change the manner of determining crop yields for trees and
seedlings, ornamental plants, and other perennial plants for
purposes of emergency crop loss assistance; to the Committee
on Agriculture.
By Mr. GUNDERSON:
H.R. 4134. A bill to establish a reserve fund to reimburse
milk producers for losses incurred as a result of the
bankruptcy of a milk handler that marketed raw milk from the
producers, to provide funds for the reserve fund through an
assessment on all milk handlers, and to establish a Board of
Trustees to administer the reserve fund; to the Committee on
Agriculture.
By Mr. HALL of Texas (for himself, Mr. Roemer, Mrs.
Johnson of Connecticut, Mr. Murphy, Mr. Lewis of
California, Mr. Wheat, and Mr. Darden):
H.R. 4135. A bill to authorize the minting of coins to
commemorate the 175th anniversary of the founding of the U.S.
Botanic Garden; to the Committee on Banking, Finance and
Urban Affairs.
By Mr. HERGER (for himself, Mr. Kleczka, Mr. McDade,
Mr. Condit, Mr. Lewis of Florida, Mr. Poshard, Mr.
Emerson, Mr. Moran, Mr. Buyer, Mr. McHugh, Mr. Oxley,
Mr. Hansen, Mr. Hefley, Mr. Ewing, Mr. Pombo, Mr.
Bonilla, Mr. DeLay, Mr. Hastert, Mr. Doolittle, Mr.
Baker of California, Mr. Fawell, Mr. Baker of
Louisiana, and Mr. Mann):
H.R. 4136. A bill to amend title II of the Social Security
Act to institute certain reforms relating to the provision of
disability insurance benefits based on substance abuse and
relating to representative payees, and for other purposes; to
the Committee on Ways and Means.
By Mr. HYDE (for himself and Mr. Wilson):
H.R. 4137. A bill to amend the National Security Act of
1947 to improve counterintelligence measures through enhanced
security for classified information, and for other purposes;
jointly, to the Committees on the Judiciary, Banking, Finance
and Urban Affairs, Post Office and Civil Service and the
Permanent Select Committee on Intelligence.
By Mr. JACOBS (for himself, Mr. Grandy, Ms. Waters, Mr.
Mazzoli, Mr. Frank of Massachusetts, Mr. Blute, Mr.
Wynn, and Mr. Burton of Indiana):
H.R. 4138. A bill to amend the Internal Revenue Code of
1986 to provide that the amount of an overpayment otherwise
payable to any person shall be reduced by the amount of past-
due, legally enforceable State tax obligations of such
person; to the Committee on Ways and Means.
By Mr. JOHNSON of South Dakota (for himself, Mr.
Combest, Mr. Pomeroy, Mr. Rose, Mr. Penny, Ms. Long,
Mr. Inslee, Mr. Kingston, Mr. Sarpalius, Mr. Minge,
Mr. Holden, and Mr. Glickman):
H.R. 4139. A bill to authorize the use of the general
counsel of the Department of Agriculture and other attorneys
in collecting claims and obligations under the farm loan
programs carried out by the Farmers Home Administration; to
the Committee on Agriculture.
By Mr. LaFALCE:
H.R. 4140. A bill to amend the Bankruptcy Act to make small
business investment companies and specialized small business
investment companies ineligible to file bankruptcy, and for
other purposes; to the Committee on the Judiciary.
By Mr. LAZIO (for himself, Mrs. Roukema, Mr. Schumer,
Mr. Penny, Mr. Baker of Louisiana, Mr. Flake, Mr.
Knollenberg, Mr. Bereuter, Mr. Blute, Mr. Ewing, Mr.
McCandless, Mr. Rangel, Mr. Ackerman, Mr. Fish, Mr.
Gunderson, Mr. Calvert, Ms. Pryce of Ohio, and Mr.
Frost):
H.R. 4141. A bill to amend section 8 of the United States
Housing Act of 1937 to provide rental assistance to obtain
new residences for families residing in dwelling units
assisted under such section or in public housing, who provide
information regarding criminal activity to law enforcement
agencies and are subject to violence because of providing
such information; to the Committee on Banking, Finance and
Urban Affairs.
By Mr. LEHMAN (for himself, Mr. Berman, Mr. Smith of
New Jersey, Mr. Frank of Massachusetts, Mr. Moorhead,
Mr. Pallone, Mr. Bilbray, Mr. Torres, Mr. Andrews of
New Jersey, Mr. Bonior, Mr. Kennedy, Mrs. Roukema,
Mr. Klein, and Mr. Menendez):
H.R. 4142. A bill to prohibit U.S. foreign assistance to
countries that restrict the transport or delivery of U.S.
humanitarian assistance to other countries; to the Committee
on Foreign Affairs.
By Mrs. MALONEY (for herself, Mr. Schumer, Mr. Klein,
Mr. Deutsch, Mr. Gutierrez, Mr. Foglietta, Mr. Towns,
Mr. Owens, Mr. Nadler, Mr. Payne of New Jersey, Mr.
Scott, Mr. Filner, Mr. Lipinski, Mr. Menendez, and
Mr. Hilliard):
H.R. 4143. A bill to authorize the Secretary of Housing and
Urban Development to make grants to nonprofit community
organizations for the development of open space on
municipally owned vacant lots in urban
[[Page 589]]
areas; to the Committee on Banking, Finance and Urban
Affairs.
By Mr. MATSUI:
H.R. 4144. A bill to amend the Internal Revenue Code of
1986 with respect to the treatment of crops destroyed by
casualty; to the Committee on Ways and Means.
By Mr. McCLOSKEY for himself, Mr. Machtley, Mr.
Moakley, Mr. Neal of Massachusetts, Mr. Kennedy, Mr.
Frank of Massachusetts, Mr. Schumer, Mr. Quinn, Mr.
Walsh, Mr. Applegate, Mr. Calvert, Mr. Conyers, Mr.
Coyne, Mr. Gilman, Mrs. Maloney, Mr. Manton, and Ms.
Molinari):
H.R. 4145. A bill to require the Attorney General and the
Secretary of State to designate Ireland as a pilot program
country for purposes of this visa waiver pilot program; to
the Committee on the Judiciary.
By Mr. McCOLLUM (for himself, Mr. Deutsch, Mr.
Torkildsen, and Mr. Rowland):
H.R. 4146. A bill to amend the Federal Deposit Insurance
Act to clarify provisions intended to protect the Corporation
from having bank loans or other assets diluted by secret side
agreements; to the Committee on Banking, Finance and Urban
Affairs.
By Mr. McNULTY:
H.R. 4147. A bill to establish the Hudson and Mohawk Rivers
National Heritage Corridor in the State of New York, and for
other purposes; to the Committee on Natural Resources.
By Mr. MEEHAN:
H.R. 4148. A bill to establish the National Commission on
Gay and Lesbian Youth Suicide Prevention; to the Committee on
Energy and Commerce.
By Mr. MONTGOMERY:
H.R. 4149. A bill to amend title 10, United States Code, to
provide a charter for the National Guard Bureau, otherwise to
improve the administration of the National Guard, and for
other purposes; to the Committee on Armed Services.
By Mr. MURPHY (for himself, Mr. Petri, Mr. Andrews of
New Jersey, and Mr. Fawell):
H.R. 4150. A bill to amend the Fair Labor Standards Act of
1938 to make uniform the application of the overtime
exemption for inside sales personnel; to the Committee on
Education and Labor.
By Mr. NADLER:
H.R. 4151. A bill to amend title 35, United States Code, to
provide for the compulsory licensing of the patents for
certain products which have not been commercially marketed or
used; to the Committee on the Judiciary.
By Mr. OLVER:
H.R. 4152. A bill to authorize the Attorney General to
provide grants for domestic court advocacy programs; to the
Committee on the Judiciary.
By Mr. POMEROY (for himself, Mr. Baesler, Mr. Holden,
Ms. Long, Mr. Peterson of Minnesota, Mr. Sarpalius,
Mr. Slattery, and Mr. Tejeda):
H.R. 4153. A bill to amend the Agricultural Credit Act of
1987 to expand the types of agricultural issues covered by
State mediation programs; to the Committee on Agriculture.
By Mr. REED:
H.R. 4154. A bill to amend section 377 of title 28, United
States Code, to designate certain retired bankruptcy judges
and magistrate judges as senior judges; to the Committee on
the Judiciary.
By Mr. RICHARDSON:
H.R. 4155. A bill to provide for the management of Federal
lands in a manner that does not undermine or frustrate
traditional Native American religions or religious practices;
to the Committee on Natural Resources.
By Mr. SMITH of New Jersey:
H.R. 4156. A bill to amend title 38, United States Code, to
add bronchioloalveolar carcinoma to the list of diseases
presumed to be service-connected for certain radiation-
exposed veterans; to the Committee on Veterans' Affairs.
By Mr. THOMAS of Wyoming (for himself, Mr. Hansen, Mr.
Skeen, Mr. Allard, Mr. Boehner, Mr. Calvert, Mr.
Cunningham, Mr. DeLay, Mr. Doolittle, Mr. Duncan, Mr.
Emerson, Mr. Gallegly, Mr. Hefley, Mr. Kolbe, Mr.
Lewis of California, Mr. Livingston, Mr. McCandless,
Mr. McInnis, Mr. Pombo, Mr. Roberts, Mr. Schaefer,
Mr. Smith of Oregon, Mr. Stump, Mr. Taylor of North
Carolina, Mrs. Vucanovich, and Mr. Young of Alaska):
H.R. 4157. A bill to transfer the lands administered by the
Bureau of Land Management to the State in which the lands are
located; to the Committee on Natural Resources.
By Ms. VELAZQUEZ:
H.R. 4158. A bill to establish the Lower East Side Tenement
Museum National Historic Site; to the Committee on Natural
Resources.
By Ms. WATERS (for herself and Mr. Bishop):
H.R. 4159. A bill to encourage gainful employment among the
residents of public housing, and for other purposes; to the
Committee on Banking, Finance and Urban Affairs.
By Mr. WAXMAN (for himself and Mr. Studds):
H.R. 4160. A bill to amend the Federal Food, Drug, and
Cosmetic Act, the Public Health Service Act, and the Orphan
Drug Act to revise the provisions of such Acts relating to
orphan drugs; to the Committee on Energy and Commerce.
By Mr. ZELIFF:
H.R. 4161. A bill to amend the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 to make
comprehensive improvements in provisions relating to
liability, State implementation, remedy selection, and
funding; jointly, to the Committees on Energy and Commerce,
Public Works and Transportation, and Ways and Means.
By Mr. RICHARDSON (for himself, Mr. McDermott, Mr.
Brewster, and Mr. Kopetski):
H.R. 4162. A bill to grant authority to provide social
services block grants directly to Indian tribes; to the
Committee on Ways and Means.
By Mr. WILLIAMS (for himself, Mrs. Mink of Hawaii, Mr.
DeFazio, Ms. Shepherd, Mr. Upton, and Mr. Stark):
H.R. 4163. A bill to enable the Park Service to regulate,
or prohibit, scenic commercial overflights at units of the
National Park System; jointly, to the Committees on Natural
Resources and Public Works and Transportation.
By Mr. BALLENGER (for himself, Mr. Bliley, Mr.
Rohrabacher, and Mr. Saxton):
H.J. Res. 345. Joint resolution disapproving the action of
the District of Columbia Council in approving the Displaced
Workers Protection Act of 1994; to the Committee on the
District of Columbia.
By Mr. COYNE:
H.J. Res. 346. Joint resolution designating September 25,
1994, as ``Gold Star Mothers Day;'' to the Committee on Post
Office and Civil Service.
By Mrs. FOWLER (for herself, Ms. Ros-Lehtinen, and Mr.
Diaz-Balart):
H.J. Res. 347. Joint resolution to designate July 23, 1994,
as ``General Bernardo de Galvez Day''; to the Committee on
Post Office and Civil Service.
By Mr. RANGEL:
H.J. Res. 348. Joint resolution declaring April 10 as
``Son-in-Law Day''; to the Committee on Post Office and Civil
Service.
By Mr. WYDEN (for himself, Mr. Machtley, Mr. Kreidler,
Mr. Spratt, Mr. Tanner, Mr. Slattery, Mr. Frank of
Massachusetts, Mr. Gonzalez, Mr. Clement, Mr. Coble,
Mr. Moakley, Mr. Mazzoli, Mrs. Unsoeld, Mr. Rowland,
Mr. Hefner, Mr. Jacobs, Mr. Bilbray, Mr. Pickle, Mr.
Lantos, Mr. Wheat, Mr. Waxman, Ms. Byrne, Mr.
Faleomavaega, Mr. Wolf, Mr. Cramer, Mr. Miller of
California, Ms. Furse, Ms. Eddie Bernice Johnson of
Texas, Mr. Franks of Connecticut, Mr. Peterson of
Minnesota, Mr. Stark, Mrs. Maloney, Mr. Regula, Mr.
Filner, Mr. Coleman, Mr. Towns, Mr. Kopetski, Mr.
Conyers, Mr. Markey, Mr. LaFalce, Mr. Sawyer, Mr.
Frost, Mr. Wise, Mr. Poshard, Mr. Gejdenson, Mr.
King, Mr. Archer, Mrs. Roukema, Ms. Norton, Mr.
Kasich, Mr. Evans, Mr. Cooper, Mrs. Mink of Hawaii,
Mr. Kleczka, Mrs. Thurman, Mr. Neal of Massachusetts,
Mr. Peterson of Florida, and Ms. Molinari):
H.J. Res. 349. Joint resolution to designate the week of
October 2, 1994, through October 8, 1994, as ``Mental Illness
Awareness Week''; to the Committee on Post Office and Civil
Service.
By Mr. GEPHARDT:
H. Con. Res. 232. Concurrent resolution providing for an
adjournment of the two Houses; considered and agreed to.
By Mr. KILDEE (for himself and Mr. Emerson):
H. Con. Res. 233. Concurrent resolution expressing the
sense of the Congress that any health care reform legislation
passed by the Congress include guaranteed full funding for
the special supplemental food program for women, infants, and
children [WIC] so that all eligible women, infants, and
children who apply could be served by the end of fiscal year
1996 and full funding could be maintained through fiscal year
2000, and for other purposes; to the Committee on Education
and Labor.
By Mrs. MORELLA (for herself, Mr. Beilenson, and Mr.
Porter):
H. Con. Res. 234. Concurrent resolution expressing the
sense of the Congress regarding the role of the United States
at the International Conference on Population and
development; to the Committee on Foreign Affairs.
By Mr. SABO (for himself, Mr. Kopetski, Mr. Dellums,
and Mr. Gephardt):
H. Con. Res. 235. Concurrent resolution concerning the
negotiation of limitations on nuclear weapons testing; to the
Committee on Foreign Affairs.
By Mr. TRAFICANT:
H. Con Res. 236. Concurrent resolution authorizing the 1994
Special Olympics torch relay to be run through the Capitol
Grounds; to the Committee on Public Works and Transportation.
H. Con. Res. 237. Concurrent resolution authorizing the use
of the Capitol Grounds for the 13th annual National Peace
Officers' Memorial Service; to the Committee on Public Works
and Transportation.
Para. 30.33 memorial
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
321. By the SPEAKER: Memorial of the General Assembly of
the State of Indiana,
[[Page 590]]
relative to the essential air service program; to the
Committee on Public Works and Transportation.
322. Also, Memorial of the House of Representatives of the
Commonwealth of Pennsylvania, relative to retirement or
pension plans and pension lump sum rollovers; to the
Committee on Ways and Means.
323. Also, Memorial of the House of Representatives of the
Commonwealth of Pennsylvania, relative to increasing
weatherization and Low-Income Home Energy Assistance Program
funds; jointly, to the Committees on Energy and Commerce and
Education and Labor.
324. Also, Memorial of the Legislature of the State of
Maine, relative to the Maine territorial sea limits; jointly,
to the Committees on Foreign Affairs, the Judiciary, and
Merchant Marine and Fisheries.
Para. 30.34 private bills and resolutions
Under clause 1 of rule XXII,
Mr. GILCHREST introduced a bill (H.R. 4164) to clear
certain impediments to the licensing of a vessel for
employment in the coastwise trade and fisheries of the United
States; which was referred to the Committee on Merchant
Marine and Fisheries.
Para. 30.35 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 11: Mr. Baesler, Mr. Deal, and Mr. Menendez.
H.R. 54: Mr. Moakley.
H.R. 55: Mr. Jefferson.
H.R. 140: Mr. Coble, Mr. Brown of California, Mr. Sam
Johnson of Texas, Mr. Dornan, Mr. Bateman, Mr. Thomas of
California, and Mr. Manzullo.
H.R. 212: Mr. Hancock.
H.R. 214: Mr. Wyden.
H.R. 225: Mr. Franks of Connecticut.
H.R. 280: Mr. Visclosky.
H.R. 291: Mr. Pastor, Mr. Andrews of New Jersey, Mr.
Faleomavaega, and Mr. Olver.
H.R. 359: Ms. Ros-Lehtinen, Mr. Johnson of South Dakota,
Ms. Woolsey, Ms. Eshoo, Mr. Filner, Ms. Velazquez, Mr.
Barrett of Wisconsin, and Mrs. Unsoeld.
H.R. 417: Mr. Kingston and Mr. Roemer.
H.R. 467: Mr. Myers of Indiana and Mr. Borski.
H.R. 502: Mr. Paxon.
H.R. 521: Ms. McKinney, Mr. LaRocco, and Mr. Neal of
Massachusetts.
H.R. 773: Mr. Bilirakis.
H.R. 790: Mr. Wyden.
H.R. 835: Ms. Norton and Mr. Neal of North Carolina.
H.R. 846: Mr. Cox, Mr. Gillmor, Mr. Dornan, Mrs. Morella,
and Mrs. Thurman.
H.R. 1106: Mr. Faleomavaega, Mr. Frost, Mr. Johnston of
Florida, Mr. Peterson of Minnesota, Mr. Sabo, Mr. Wynn, and
Mr. Yates.
H.R. 1164: Ms. Velazquez.
H.R. 1169: Mr. Peterson of Minnesota.
H.R. 1219: Mr. Bonior.
H.R. 1276: Mr. Hutchinson.
H.R. 1314: Mr. Johnston of Florida.
H.R. 1391: Mr. Lewis of Georgia and Mr. McDermott.
H.R. 1517: Mr. Conyers.
H.R. 1621: Mr. Wyden.
H.R. 1627: Mr. Pete Geren of Texas.
H.R. 1673: Mr. Wyden.
H.R. 1709: Mr. Sundquist, Mr. Tucker, Mr. Ortiz, and Mrs.
Meyers of Kansas.
H.R. 1824: Mr. Pallone.
H.R. 1938: Mr. Fish.
H.R. 1961: Mr. Filner.
H.R. 2064: Mr. Fazio.
H.R. 2105: Mr. Sabo and Mr. Johnston of Florida.
H.R. 2169: Mr. Barrett of Wisconsin.
H.R. 2365: Mr. Kopetski.
H.R. 2417: Mr. Dornan.
H.R. 2418: Ms. Collins of Michigan.
H.R. 2444: Mr. Crapo, Mr. Rohrabacher, and Mr. Lipinski.
H.R. 2448: Mr. Barrett of Wisconsin.
H.R. 2471: Mrs. Meek of Florida.
H.R. 2484: Mr. Gejdenson and Mr. Sabo.
H.R. 2586: Mr. Gordon and Mr. Montgomery.
H.R. 2759: Mr. Mr. Herger, Mr. Doolittle, Mr. Archer, Mr.
Royce, Mr. Minge, Mr. Deal, Mr. Cunningham, Mrs. Byrne, and
Mrs. Morella.
H.R. 2767: Mr. Stump.
H.R. 2826: Mr. Andrews of Maine, Mr. Manzullo, Mr. Moakley,
Mr. Bliley, Mr. Glickman, Mr. Martinez, Mr. McCloskey, and
Ms. Velazquez.
H.R. 2829: Mr. Inslee, Ms. McKinney, Mr. Andrews of Maine,
Mr. Frank of Massachusetts, Ms. Velazquez, Mr. de Lugo, Mr.
Stark, Mr. Stokes, Mr. Dingell, Mr. Peterson of Minnesota,
Mr. Stupak, and Mr. Johnston of Florida.
H.R. 2830: Mr. Richardson and Mrs. Mink of Hawaii.
H.R. 2835: Ms. DeLauro.
H.R. 2866: Mr. Deutsch and Mr. Neal of Massachusetts.
H.R. 2897: Mr. Thomas of California.
H.R. 2942: Mr. Roberts, Mr. Lewis of Florida, Mr. Emerson,
Mr. Doolittle, Mr. Boehner, Mr. Kingston, Mr. Ewing, Mr.
Gunderson, Mr. Bateman, Mr. Calvert, Mr. Wolf, Mr. Bliley,
Mr. Dickey, Mr. Smith of Michigan, Mr. Sisisky, Mrs. Clayton,
Mr. Payne of Virginia, Mrs. Byrne, Mr. Scott, Mr. Baesler,
Mr. Inslee, Mr. Pomeroy, Ms. Long, Mr. Smith of Texas, Mr.
Moran, Mr. Pickett, Mr. Volkmer, Mr. Boucher, and Mr. Dixon.
H.R. 3017: Mr. Baker of Louisiana and Mr. Whitten.
H.R. 3040: Mr. Burton of Indiana.
H.R. 3065: Mr. Upton.
H.R. 3087: Mr. Hamilton, Mr. Nussle, and Mr. McDermott.
H.R. 3088: Mr. Mineta, Mrs. Thurman, Ms. Eshoo, and Ms.
McKinney.
H.R. 3182: Mr. Swett.
H.R. 3246: Mr. Gejdenson, Mr. Hall of Ohio, Ms. Norton, Mr.
Bonilla, Mr. Zeliff, and Mr. Livingston.
H.R. 3270: Mr. Swift, Mr. Yates, Mr. Hochbrueckner, Mr.
Bryant, Mr. Pickle, Mr. Scott, Mr. Hyde, Mr. Gilman, Mr.
Lewis of California, and Mr. Barrett of Wisconsin.
H.R. 3288: Mr. Goodling and Mr. Gallo.
H.R. 3293: Mr. Gilchrest, Mrs. Thurman, and Mr. Laughlin.
H.R. 3310: Mr. Lewis of Georgia.
H.R. 3314: Ms. Velazquez.
H.R. 3365: Mr. Hutchinson and Mr. Gene Green of Texas.
H.R. 3513: Mr. Wyden.
H.R. 3523: Mr. Dornan, Mr. Neal of Massachusetts, and Mr.
Gejdenson.
H.R. 3534: Mr. Kopetski.
H.R. 3561: Mr. Foglietta and Mr. Underwood.
H.R. 3569: Mr. Rangel, Mr. Towns, and Mrs. Unsoeld.
H.R. 3630: Mr. Rangel, Mr. Matsui, Mrs. Kennelly, Mr.
Grandy, and Mr. Clinger.
H.R. 3646: Mr. Roberts, Mr. Obey, and Mr. Klug.
H.R. 3656: Mr. Zimmer and Mr. McNulty.
H.R. 3661: Mr. Hutto and Mr. Kingston.
H.R. 3663: Mr. Becerra.
H.R. 3666: Mr. de Lugo, Mr. Gekas, Mr. Richardson, Mr.
Bilbray, and Mrs. Byrne.
H.R. 3704: Mr. McDade and Mr. McMillan.
H.R. 3783: Mr. Evans, Mr. Johnson of South Dakota, Ms.
Waters, Mr. Dellums, Mr. Filner, Mr. Miller of California,
Ms. Velazquez, and Mr. Foglietta.
H.R. 3795: Mr. Emerson.
H.R. 3796: Mr. Greenwood.
H.R. 3827: Mr. Barcia of Michigan, Mrs. Clayton, Mr.
Filner, Mr. Frank of Massachusetts, Mr. Hilliard, and Mr.
Miller of California.
H.R. 3831: Mr. Frost and Mr. Serrano.
H.R. 3843: Mr. Hobson.
H.R. 3844: Mr. Hobson.
H.R. 3849: Mr. Zeliff.
H.R. 3872: Mr. Kolbe and Mr. Frost.
H.R. 3879: Mr. Sisisky, Mr. Filner, Mr. Porter, Mr. Mineta,
Mr. Bevill, Ms. Snowe, Ms. Margolies-Mezvinsky, Mr. Moakley,
Mr. Obey, Mr. de la Garza, Mr. Brown, of California, Mr.
Mollohan, Mr. Mazzoli, Mr. Becerra, Mr. Montgomery, Mr. Barr,
Mr. Ackerman, Mr. Richardson, Mr. Ford of Michigan, Mr.
Andrews of Texas, Mr. Baesler, Mr. Applegate, Mr. McDade, Mr.
Penny, Ms. Norton, Mr. Gallo, Ms. Long, Mr. DeFazio, Ms.
Dunn, Mr. Evans, Mr. Deutsch, Mr. Slattery, Mr. Barca of
Wisconsin, Mr. Dingell, Mr. Sangmeister, Mr. Vento, Mr.
Barrett of Wisconsin, Mr. Klink, Mr. Lewis of California, Mr.
Ford of Tennessee, Mr. Lehman, Mr. Dooley, Mr. King, Mr.
Peterson of Minnesota, Mr. McHale, Mr. Gibbons, Mr. Condit,
Ms. McKinney, Mr. Hinchey, Mr. Brewster, Mr. Hamilton, Mr.
McCrery, Mr. Clay, Mr. Rahall, Mr. Dellums, Mr. Waxman, Mr.
Gonzalez, Mr. de Lugo, Mr. Coyne, Mr. Conyers, Mr. Matsui,
Mr. Stokes, Mr. Markey, Mr. Smith of Iowa, Mr. Roemer, Mr.
Bonior, Mr. Derrick, Ms. Furse, Mr. Browder, Mr. Hutton, Mr.
Johnson of South Dakota, Mr. Pickle, Mrs. Maloney, Mr. Mfume,
Mr. Roth, Mr. Bunning, Mr. Taylor of Mississippi, Mr.
Lipinski, Mrs. Thurman, Mr. Cooper, Ms. Cantwell, Mr.
Pallone, Mr. Peterson of Florida, Mr. Gutierrez, Mr.
Bereuter, Mr. Michel, Mrs. Collins of Illinois, Mr. Berman,
Mr. Edwards of California, Mr. Kildee, Mrs. Roukema, Mr.
Orton, Mr. Castle, Mr. Kanjorski, Mr. Hastings, Mr. Brown of
Ohio, Mr. Hilliard, Ms. Byrne, Mr. Baker of California, Mr.
Stupak, Mr. Hyde, Mr. Hochbrueckner, Mr. Lazio, Mr. Johnston
of Florida, Mr. Mann, Mr. Swift, Mr. Johnson of Georgia, Mr.
McCollum, Mr. Coleman, Mr. Bilbray, Mr. Traficant, Mr. Gene
Green of Texas, Mr. Tanner, Ms. Danner, Mr. Hall of Texas,
Mr. Wilson, Mr. Valentine, Mr. Weldon, Mr. Wyden, Mr. Manton,
Mr. Inslee, Mr. Rangel, Mr. Swett, Mrs. Lloyd, and Ms.
Harman.
H.R. 3885: Mr. Frank of Massachusetts, Mr. Durbin, Mr. Neal
of Massachusetts, Mr. Foglietta, Mr. Olver, Mr. Meehan, Mr.
Jacobs, Mr. Markey, Mr. Oberstar, Mr. Sanders, Mr. Hall of
Ohio, Mr. Beilenson, Ms. Eddie Bernice Johnson of Texas, Mr.
Synar, Ms. Roybal-Allard, Mr. Kennedy, Mr. Studds, Ms.
Margolies-Mezvinsky, Mr. DeFazio, Mr. Wynn, Mr. Miller of
California, Mr. Evans, Ms. Pelosi, Mr. Barrett of Wisconsin,
and Mr. Kreidler.
H.R. 3894: Mr. Barrett of Nebraska.
H.R. 3897: Mr. Coleman, Mr. Mineta, Mr. Frost, and Mr.
Barton of Texas.
H.R. 3900: Mr. Berman, Mr. Bevill, Mr. Chapman, Mr.
Clyburn, Mr. Deutsch, Mr. Farr, Mr. Gene Green of Texas, Mr.
Hochbrueckner, Mr. Hughes, Mr. Manton, and Mr. Torres.
H.R. 3921: Mr. Frost, Mrs. Clayton, Mr. Torkildsen, Mr.
Smith of Texas, Mr. Canady, Mr. Greenwood, Mr. Kingston, Mr.
Dreier, and Mr. Hoke.
H.R. 3923: Mr. Wynn.
H.R. 3926: Mr. Hancock and Mr. Boucher.
H.R. 3948: Mr. Oberstar, Mr. Rahall, Mr. de Lugo, Mr.
Borski, Mr. Lipinski, Mr. Traficant, Mr. DeFazio, Ms.
Shepherd, Ms. Norton, and Mr. Gilchrest.
H.R. 3951: Mr. Kingston, Mr. Barrett of Nebraska, Mr.
Jacobs, Mr. Dooley, and Mr. de la Garza.
H.R. 3955: Mr. Glickman, Mr. Ballenger, Mr. Stenholm, and
Mr. Canady.
[[Page 591]]
H.R. 3986: Mr. Kolbe, Mr. Coppersmith, Mr. Zeliff, and Mr.
Upton.
H.R. 3993: Mr. Filner, Mr. Foglietta, Mr. Rahall, Mr.
Underwood, Mr. Applegate, Mr. Wolf, Mr. Frost, and Mr.
Porter.
H.R. 3999: Mr. Evans.
H.R. 4051: Ms. Eddie Bernice Johnson of Texas, Ms. Roybal-
Allard, Mr. Becerra, Mrs. Clayton, and Mr. Rush.
H.R. 4052: Mr. Everett, Mr. McHugh, and Mr. Hochbrueckner.
H.R. 4057: Mr. Grams, Ms. Dunn, Mr. Ramstad, Mr. Hoke, Mr.
Bachus of Alabama, Mr. Huffington, Mr. Baker of California,
Mr. Buyer, Mr. Hansen, Mr. Hefley, Mr. Hunter, Mr.
Hutchinson, Mr. Kingston, Mr. Manzullo, Mr. Pombo, Mr. Thomas
of Wyoming, Mr. Herger, Mr. Collins of Georgia, Mr.
Ballenger, Mr. Istook, Mr. Burton of Indiana, Mr. Payne of
Virginia, Mr. Browder, Mr. Hutto, Mr. Penny, Mr. Stenholm,
Mr. DeLay, Mr. Barcia of Michigan, Mr. Peterson of Minnesota,
Mr. Greenwood, and Mr. Hall of Texas.
H.R. 4064: Mr. Neal of Massachusetts, Mr. Costello, Mr.
Faleomavaega, Mr. Calvert, and Mr. Frost.
H.R. 4065: Mr. Neal of Massachusetts, Mr. Costello, Mr.
Faleomavaega, Mr. Calvert, and Mr. Frost.
H.R. 4087: Mr. Lightfoot and Mr. Cunningham.
H.R. 4094: Mr. Dickey, Mr. Goss, and Mr. Calvert.
H.R. 4095: Mr. Goss, Mr. Baker of Louisiana, Mr. Traficant,
Mr. Callahan, Mr. Inhofe, and Mr. Ramstad.
H.J. Res. 90: Mr. Lewis of Florida, Mr. Miller of Florida,
Mr. Murphy, Mr. Michel, Mr. Peterson of Florida, Mr. Murtha,
Mr. Neal of Massachusetts, Mr. Hansen, Mr. Hilliard, Mr.
Slattery, Mr. Kreidler, Mr. Dixon, Mr. Pete Geren of Texas,
Mr. Greenwood, Mr. Ramstad, Mr. Upton, Mr. DeLay, Mr. Cox,
Mr. Gingrich, Mr. Smith of Iowa, Mr. Houghton, Mr. Horn, and
Mr. Buyer.
H.J. Res. 253: Mr. Zimmer, Mrs. Meek of Florida, Mr.
Whitten, Mr. Barlow, and Mr. Kennedy.
H.J. Res. 303: Mr. Sabo, Mr. Rohrabacher, Mr. Frank of
Massachusetts, Mr. Kennedy, Mr. Pickle, Mr. Pete Geren of
Texas, Mr. Burton of Indiana, Mr. Zeliff, Mr. Crane, Mr.
Coyne, Mr. Poshard, Mr. Wolf, Ms. Schenk, Mr. Washington, Mr.
Myers of Indiana, Mr. Natcher, Ms. Molinari, Mr. de la Garza,
and Mr. Neal of North Carolina.
H.J. Res. 311: Mr. Baker of California, Mr. Bilirakis, Mr.
Clement, Ms. Danner, Mr. Ewing, Mr. Filner, Mr. Frost, Mr.
Gene Green of Texas, Mr. Hochbrueckner, Mr. King, Mr. Klein,
Mr. LaFalce, Mr. Lantos, Mr. Lazio, Mr. Levy, Mr. Lewis of
Georgia, Ms. Lowey, Mr. Miller of California, Ms. Molinari,
Mr. Moran, Mr. Neal of Massachusetts, Mr. Parker, Mr.
Peterson of Minnesota, Mr. Pickett, Mr. Ravenel, Mrs.
Roukema, Ms. Roybal-Allard, Ms. Shepherd, Mr. Skeen, Mr.
Slattery, Mr. Smith of Iowa, Mr. Spratt, Mr. Swett, Mr.
Tanner, Mr. Tucker, Mr. Valentine, Mr. Walsh, Mr. Wise, and
Mr. Yates.
H.J. Res. 314: Mr. Peterson of Minnesota.
H.J. Res. 338: Mr. Stenholm, Mr. Brewster, Mr. Wolf, Mr.
Underwood, Mr. Kasich, Mr. Ravenel, Mr. Montgomery, and Mr.
Oxley.
H. Con. Res. 35: Mr. Pete Geren of Texas, Mr. Fingerhut,
Mr. Reed, Mr. Traficant, Mr. Ackerman, Mr. Flake, Mr. Cardin,
and Mr. Peterson of Florida.
H. Con. Res. 98: Mr. Smith of Oregon and Mr. McCurdy.
H. Con. Res. 100: Mr. Applegate, Mr. Kanjorski, Mr. Neal of
North Carolina, Mr. Fish, Mr. Conyers, and Ms. Kaptur.
H. Con. Res. 148: Mr. Ramstad.
H. Con. Res. 166: Mr. Porter, Mr. Paxon, and Mr. Ramstad.
H. Con. Res. 179: Mr. Andrews of New Jersey.
H. Con. Res. 199: Mr. Mineta, Mr. Calvert, Mr. Castle, Mr.
Gilchrest, Ms. Danner, Mr. Sanders, Mr. Valentine, and Mr.
Matsui.
H. Con. Res. 201: Ms. Molinari, Mr. Boehlert, and Mr.
Gunderson.
H. Con. Res. 209: Mr. Ackerman, Mr. Hinchey, Mr. Wynn, and
Mr. Moran.
H. Con. Res. 210: Mr. Weldon.
H. Con. Res. 217: Mr. Hamburg, Mr. Payne of New Jersey, Mr.
Frank of Massachusetts, Mr. Hochbrueckner, Mr. Schumer, Mr.
Minge, Mr. Brown of Ohio, Mr. Slattery, Mr. Levy, Mr. Bonior,
Mr. Lehman, Ms. Eddie Bernice Johnson of Texas, Mr.
Richardson, Mr. Filner, Mr. Owens, Mrs. Lloyd, Mrs. Clayton,
Mr. Foglietta, Mr. Williams, Mr. Scott, Mr. Moran, Mr.
Abercrombie, Ms. Danner, Mr. Wheat, Mrs. Meek of Florida, and
Mr. Jacobs.
H. Con. Res. 228: Mr. Barrett of Wisconsin, Mr. Stupak, Mr.
Klein, Ms. Slaughter, Mr. Quinn, Mr. Taylor of Mississippi,
Ms. Woolsey, Mr. Vento, Mr. Wise, Mr. McHale, Ms. Shepherd,
Mrs. Maloney, Mr. Calvert, and Mr. Frost.
H. Con. Res. 229: Mr. Coppersmith, Mr. Sabo, and Ms. Brown
of Florida.
H.R. Res. 108: Mr. Peterson of Minnesota.
H. Res. 234: Mr. Mineta, Mr. Lewis of California, Mr.
Brewster, Mr. Leach, Mr. Abercrombie, Mr. Blackwell, and Mr.
Hansen.
H. Res. 247: Mr. Young of Florida.
H. Res. 255: Mr. Shays, Mr. Deal, Mr. Pete Geren of Texas,
and Mr. Gingrich.
H. Res. 365: Mr. Zeliff.
H. Res. 372: Mr. Walsh and Mr. Scott.
Para. 30.36 petitions, etc.
Under clause 1 of rule XXII, petitions and papers were laid on the
Clerk's desk and referred as follows:
82. By the SPEAKER: Petition of the Office of State
Representative Huey McCoulskey, Austin, TX, relative to the
practice of polygamy and polygamous cohabitation and a
constitutional amendment forbidding such practice; to the
Committee on the Judiciary.
83. Also, Petition of the King County Democratic Central
Committee, Seattle, WA, relative to the single-payer national
health insurance system; jointly, to the Committee on Energy
and Commerce and Ways and Means.
Para. 30.37 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 3222: Mr. Sabo.
.
TUESDAY, APRIL 12, 1994 (31)
The House was called to order by the SPEAKER.
Para. 31.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Thursday, March 24, 1994.
Mr. MAZZOLI, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Mr. MAZZOLI objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER, pursuant to clause 5, rule I, announced that the vote
would be postponed until later today.
The point of no quorum was considered as withdrawn.
Para. 31.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2868. A letter from the Administrator, Environmental
Protection Agency, transmitting the annual report on
conditional registration of pesticides during fiscal year
1993, pursuant to 7 U.S.C. 136w-4; to the Committee on
Agriculture.
2869. A communication from the President of the United
States, transmitting his notification making available
appropriations of $12,253,000 in budget authority for the
Emergency pest suppression fund of the Forest Service in the
Department of Agriculture, pursuant to 31 U.S.C. 1107 (H.
Doc. No. 103-228); to the Committee on Appropriations and
ordered to be printed.
2870. A letter from the Comptroller General, the General
Accounting Office, transmitting review of budget authority
that was proposed for rescission by the President in his
fourth special impoundment message for fiscal year 1994,
pursuant to 2 U.S.C. 685 (H. Doc. No. 103-234); to the
Committee on Appropriations and ordered to be printed.
2871. A letter from the Comptroller of the Department of
Defense, transmitting a report of a violation of the Anti-
Deficiency Act which occurred at the New York District, Army
Corps of Engineers, pursuant to 31 U.S.C. 1517(b); to the
Committee on Appropriations.
2872. A letter from the Comptroller of the Department of
Defense, transmitting a report of a violation of the Anti-
Deficiency Act which occurred at the Los Angeles District,
Army Corps of Engineering, pursuant to 31 U.S.C. 1517(b); to
the Committee on Appropriations.
2873. A letter from the Comptroller of the Department of
Defense, transmitting a report of a violation of the Anti-
Deficiency Act which occurred in the Naval Supply Center,
Norfolk, VA, pursuant to 31 U.S.C. 1517(b); to the Committee
on Appropriations.
2874. A letter from the Secretary, Department of the Navy,
transmitting the updated National Defense Sealift Fund
Obligation Report for fiscal year 1993, pursuant to Public
Law 102-484, section 1024(d) Stat. 2489); to the Committee on
Armed Services.
2875. A letter from the Principal Deputy Under Secretary
for Acquisition and Technology, Department of Defense,
transmitting Selected Acquisition Reports (SARS) for the
quarter ending December 31, 1993, pursuant to 10 U.S.C. 2432;
to the Committee on Armed Services.
2876. A letter from the Secretary of the Army, transmitting
notification that certain major defense acquisition programs
have breached the unit cost by more than 15 and 25 percent,
pursuant to 10 U.S.C. 2431(b)(3)(A); to the Committee on
Armed Services.
2877. A letter from the Secretary of Defense, transmitting
plan for alternative assessment of the survivability of the
C-17A aircraft, pursuant to 10 U.S.C. 2366; to the Committee
on Armed Services.
2878. A letter from the Chairman, Federal Financial
Institutions Examination Council, transmitting the 1993
annual report of the Council; to the Committee on Banking,
Finance and Urban Affairs.
2879. A letter from the Resolution Trust Corporation,
transmitting a list of property that is covered by the
Corporation as of September 30, 1993, pursuant to Public Law
101-
[[Page 592]]
591, section 10(a)(1) (104 Stat. 2939); to the Committee on
Banking, Finance and Urban Affairs.
2880. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-219,
``Capital Review and Debt Affordability Act of 1994,''
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on the District of Columbia.
2881. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-217,
``Anacostia Bible Church and Anacostia Bible Church Christian
School Equitable Real Property Tax Relief Act of 1994,''
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on the District of Columbia.
2882. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-214,
``Alcoholic Beverage Control Act and Rules Reform Amendment
Act of 1994,'' pursuant to D.C. Code, section 1-233(c)(1); to
the Committee on the District of Columbia.
2883. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-215, ``Latin
American Youth Center Equitable Real Property Tax Relief Act
of 1994,'' pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on the District of Columbia.
2884. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-216,
``Community of Christ Church Equitable Real Property Tax
Relief Act of 1994,'' pursuant to D.C. Code, section 1-
233(c)(1); to the Committee on the District of Columbia.
2885. A letter from the Mayor, District of Columbia,
transmitting the actuaries review of benefit changes to the
police officers and firefighters retirement programs,
pursuant to D.C. Code, section 1-722(d)(1); to the Committee
on the District of Columbia.
2886. A letter from the District of Columbia Retirement
Board, transmitting the financial disclosure statement of a
board member, pursuant to D.C. Code, section 1-732, 1-
734(a)(1)(A); to the Committee on the District of Columbia.
2887. A letter from the Secretary, Department of Health and
Human Services, transmitting summaries of results of
activities carried out under the Head Start Act, pursuant to
42 U.S.C. 9845(d); to the Committee on Education and Labor.
2888. A letter from the Acting Chairperson, National
Council on Disability, transmitting the Council's annual
report on disability for fiscal year 1993, pursuant to 29
U.S.C. 781(a)(8); to the Committee on Education and Labor.
2889. A letter from the Acting Chief Financial Officer,
Department of Energy, transmitting uncosted obligation
balances of the Department, pursuant to Public Law 102-486,
section 2307 (106 Stat. 3096); to the Committee on Energy and
Commerce.
2890. A letter from the Secretary, Department of Energy,
transmitting the annual report of actions under the
Powerplant and Industrial Fuel Use Act of 1978 during
calendar year 1993, pursuant to 42 U.S.C. 8482; to the
Committee on Energy and Commerce.
2891. A letter from the Secretary, Federal Trade
Commission, transmitting the report to Congress for 1991
pursuant to the Federal Cigarette Labeling and Advertising
Act, pursuant to 15 U.S.C. 1337(b); to the Committee on
Energy and Commerce.
2892. A letter from the Director, Defense Security
Assistance Agency, transmitting notification of the
Department of the Air Force's proposed Letter(s) of Offer and
Acceptance [LOA] to Greece for defense articles and services
(Transmittal No. 94-18), pursuant to 22 U.S.C. 2776(b); to
the Committee on Foreign Affairs.
2893. A letter from the Director, Defense Security
Assistance Agency, transmitting notification of the
Department of the Navy's proposed Letter(s) of Offer and
Acceptance [LOA] to Egypt for defense articles and services
(Transmittal No. 94-22), pursuant to 22 U.S.C. 2776(b); to
the Committee on Foreign Affairs.
2894. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a copy of
Presidential Determination No. 94-18; Eligibility of Albania,
Bulgaria, Estonia, Latvia, Lithuania, and Romania to be
Furnished Defense Articles and Services under the Foreign
Assistance Act and the Arms Export Control Act, pursuant to
22 U.S.C. 2311(a) and 22 U.S.C. 2753(a)(1); to the Committee
on Foreign Affairs.
2895. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the 1994
International Narcotics Control Strategy Report, pursuant to
22 U.S.C. 2291(b)(2); to the Committee on Foreign Affairs.
2896. Assistant Secretary for Legislative Affairs,
Department of State, transmitting the President's
determination regarding certification of the 26 major illicit
narcotics producing and transit countries, pursuant to 22
U.S.C. 2291; to the Committee on Foreign Affairs.
2897. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting justification for
drawdown under section 552 of the FAA to support the
establishment of the Palestinian police force, pursuant to
Sec. 552(c)(2) of the Foreign Assistance Act of 1961; to the
Committee on Foreign Affairs.
2898. A communication from the President of the United
States, transmitting a report on the status of efforts to
obtain Iraq's compliance with the resolutions adopted by the
United Nations Security Counsel, pursuant to Public Law 102-
1, section 3 (105 Stat. 4) (H. Doc. No. 103-227); to the
Committee on Foreign Affairs and ordered to be printed.
2899. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to U.S.C. 112b(a); to the
Committee on Foreign Affairs.
2900. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on Foreign Affairs.
2901. A letter from the Director, Office of Management and
Budget, transmitting his certification that the amounts
appropriated for the Board for International Broadcasting for
grants to Radio Free Europe/Radio Liberty, Inc. are less than
the amount necessary to maintain the budgeted level of
operation because of exchange rate losses in the first
quarter of fiscal year 1994, pursuant to 22 U.S.C. 2877; to
the Committee on Foreign Affairs.
2902. A communication from the President of the United
States, transmitting the 1993 Annual Report of the U.S. Arms
Control and Disarmament Agency, pursuant to 22 U.S.C. 2590;
to the Committee on Foreign Affairs.
2903. A letter from the Director, Office of Management and
Budget, transmitting OMB estimate of the amount of change in
outlays or receipts, as the case may be, in each fiscal year
through fiscal year 1998 resulting from passage of H.R. 1804,
pursuant to Public Law 101-508, section 13101(a) (104 Stat.
1388-582); to the Committee on Government Operations.
2904. A letter from the Director, Office of Management and
Budget, transmitting OMB estimate of the amount of change in
outlays or receipts, as the case may be, in each fiscal year
through fiscal year 1999 resulting from passage of S. 1926,
pursuant to Public Law 101-508, section 13101(a) (104 Stat.
1388-582); to the Committee on Government Operations.
2905. A letter from the Chairman, Federal Communications
Commission, transmitting a report of activities under the
Freedom of Information Act for calendar year 1993, pursuant
to 5 U.S.C. 552(d); to the Committee on Government
Operations.
2906. A letter from the Federal Housing Finance Board,
transmitting a copy of the annual report in compliance with
the Government in the Sunshine Act during the calendar year
1993, pursuant to 5 U.S.C. 552b(j); to the Committee on
Government Operations.
2907. A letter from the Administrator, General Services
Administration, transmitting a report of activities under the
Freedom of Information Act for calendar year 1993, pursuant
to 5 U.S.C. 552(e); to the Committee on Government
Operations.
2908. A letter from the President, National Endowment for
Democracy, transmitting a report of activities under the
Freedom of Information Act for calendar year 1993, pursuant
to 5 U.S.C. 552(d); to the Committee on Government
Operations.
2909. A letter from the Chairman, National Transportation
Safety Board, transmitting a report of activities under the
Freedom of Information Act for calendar year 1993, pursuant
to 5 U.S.C. 552(d); to the Committee on Government
Operations.
2910. A letter from the Executive Director, Pension Benefit
Guaranty Corporation, transmitting a report of activities
under the Freedom of Information Act for calendar year 1993,
pursuant to 5 U.S.C. 552(d); to the Committee on Government
Operations.
2911. A letter from the Rural Telephone Bank, transmitting
the annual report under the Federal Managers' Financial
Integrity Act for fiscal year 1993, pursuant to 31 U.S.C.
3512(c)(3); to the Committee on Government Operations.
2912. A letter from the Director of Operations and Finance,
The American Battle Monuments Commission, transmitting a
report of activities under the Freedom of Information Act for
calendar year 1993, pursuant to 5 U.S.C. 552(d); to the
Committee on Government Operations.
2913. A letter from the Acting Chairman, U.S. Nuclear
Regulatory Commission, transmitting a copy of the annual
report in compliance with the Government in the Sunshine Act
during the calendar year 1993, pursuant to 5 U.S.C. 552b(j);
to the Committee on Government Operations.
2914. A letter from the Deputy Director, U.S. Trade and
Development Agency, transmitting a report of activities under
the Freedom of Information Act for calendar year 1993,
pursuant to 5 U.S.C. 552(e); to the Committee on Government
Operations.
2915. A letter from the Attorney General, Department of
Justice, transmitting a copy of the annual report of the
Attorney General for fiscal year 1993, pursuant to 28 U.S.C.
522; to the Committee on the Judiciary.
2916. A letter from the Assistant Attorney General for
Legislative Affairs, Department of Justice, transmitting a
draft of proposed legislation to ensure continued law
enforcement electronic surveillance access to the content of
wire and electronic communications and call setup information
when authorized by law, to improve communications privacy
protection, and for other purposes; to the Committee on the
Judiciary.
2917. A letter from the Administrator, General Services
Administration, transmitting an informational copy of the
alteration prospectus for the Social Security Administration
Great Lakes Program in Chicago, IL, pursuant to 40 U.S.C.
606(a); to the Committee on Public Works and Transportation.
2918. A letter from the Secretary, Department of Energy,
transmitting a report entitled, ``Electric and Hybrid Vehicle
Research and Development Program Plan,'' pursuant
[[Page 593]]
to Public Law 102-486, section 2025(b)(4) (106 Stat. 3063);
to the Committee on Science, Space, and Technology.
2919. A letter from the Board of Trustees, Federal Hospital
Insurance Trust Fund, transmitting notification that the HI
trust fund is expected to be exhausted in 2001, pursuant to
section 709 of the Social Security Act; to the Committee on
Ways and Means.
2920. A letter from the Board of Trustees, Federal Old-Age
and Survivors Insurance and Disability Insurance Trust Funds,
transmitting the tax rate allocations for the DI trust fund,
pursuant to section 709 of the Social Security Act; to the
Committee on Ways and Means.
2921. A letter from the Board of Trustees, Federal Hospital
Insurance Trust Fund, transmitting the 1994 Annual Report of
the Board of Trustees of the Federal Hospital Insurance Trust
Fund, pursuant to section 1817(b) of the Social Security Act,
as amended (H. Doc. No. 103-230); to the Committee on Ways
and Means and ordered to be printed.
2922. A letter from the Board of Trustees, Federal Old-Age
and Survivors Insurance and Disability Insurance Trust Funds,
transmitting the 1994 Annual Report of the Board of Trustees
of the Federal Old-Age and Survivors Insurance and the
Federal Disability Insurance Trust Funds, pursuant to section
201(c)(2) of the Social Security Act, as amended (H. Doc. No.
103-231); to the Committee on Ways and Means and ordered to
be printed.
2923. A letter from the Acting Director, Office of Thrift
Supervision, transmitting the Office of Thrift Supervision's
1993 Annual Consumer Report to Congress, pursuant to Public
Law 101-73, section 301 (103 Stat. 279); jointly, to the
Committee on Banking, Finance and Urban Affairs and Energy
and Commerce.
2924. A letter from the Secretary, Department of Energy,
transmitting the fourth annual report for the Demonstration
and Commercial Application of Renewable Energy and Energy
Efficiency Technologies Program, pursuant to 42 U.S.C.
12006(a); jointly, to the Committee on Energy and Commerce
and Science, Space, and Technology.
2925. A letter from the Director, Office of Government
Ethics, transmitting the Office's third biennial report to
the Congress, pursuant to the Public Law 95-452, section 408
(102 Stat. 3032); jointly, to the Committees on the Judiciary
and Post Office and Civil Service.
2926. A letter from the Board of Trustees, Federal
Supplementary Medical Insurance Trust Fund, transmitting the
1994 Annual Report of the Board of Trustees of the Federal
Supplementary Medical Insurance Trust Fund, pursuant to
section 1841(b) of the Social Security Act, as amended;
jointly, to the Committees on Ways and Means and Energy and
Commerce, and ordered to be printed.
2927. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting on behalf of the
President, the annual report on the Panama Canal Treaties,
fiscal year 1993, pursuant to 22 U.S.C. 3871; jointly, to the
Committees on Merchant Marine and Fisheries, Foreign Affairs,
the Judiciary, and Post Office and Civil Service.
Para. 31.3 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed with amendments in which the concurrence of
the House is requested, bills and a concurrent resolution of the House
of the following titles:
H.R. 2559. An Act to designate the Federal building located
at 601 East 12th Street in Kansas City, Missouri, as the
``Richard Bolling Federal Building.''
H.R. 2659. An Act to amend the Public Health Service Act to
revise and extend programs relating to the transplantation of
organs and of bone marrow.
H. Con. Res. 218. Concurrent resolution setting forth the
congressional budget for the U.S. Government for the fiscal
years 1995, 1996, 1997, 1998, and 1999.
The message also announced that the Senate insisted upon its amendment
to the bill (H.R. 2659) ``An Act to amend the Public Health Service Act
to revise and extend programs relating to the transportation of organs
and of bone marrow,'' requested a conference with the House on the
disagreeing votes of the two Houses thereon, and appointed Mr. Kennedy,
Mr. Pell, Mr. Metzenbaum, Mrs. Kassebaum, and Mr. Jeffords to be the
conferees on the part of the Senate.
The message also announced that the Senate insisted upon its amendment
to the resolution (H. Con. Res. 218) ``Concurrent resolution setting
forth the congressional budget for the United States Government for the
fiscal years 1995, 1996, 1997, 1998, and 1999,'' requested a conference
with the House on the disagreeing votes of the two Houses thereon, and
appointed Mr. Sasser, Mr. Hollings, Mr. Johnston, Mr. Domenici, and Mr.
Grassley, to be the conferees on the part of the Senate.
The message also announced that the Senate had passed bills and a
joint resolution of the following titles, in which the concurrence of
the House is requested:
S. 1226. An Act to amend title 38, United States Code, to
provide for the organization and administration of the
Readjustment Counseling Service, to improve eligibility for
readjustment counseling and related counseling and for other
purposes;
S. 1402. An Act to convey a certain parcel of public land
to the county of Twin Falls, Idaho, for use as a landfill,
and for other purposes;
S. 1512. An Act to amend title 38, United States Code, to
require the establishment in the Department of Veterans
Affairs of mental illness research, education, and clinical
centers, and for other purposes;
S. 1546. An Act to amend title 38, United States Code, to
revise certain administrative provisions relating to the
United States Court of Veterans Appeals, and for other
purposes;
S. 1930. An Act to amend the Consolidated Farm and Rural
Development Act to improve the administration of claims and
obligations of the Farmers Home Administration, and for other
purposes;
S. 2004. An Act to extend until July 1, 1998, the exemption
from ineligibility based on a high default rate for certain
institutions of higher education;
S. 2005. An Act to make certain technical corrections, and
for other purposes, and
S.J. Res. 179. Joint resolution, to designate the week of
June 12 through 19, 1994, as ``National Men's Health Week''.
The message also announced that the Senate agreed to the amendments of
the House to the bill (S. 1534) ``An Act to amend title 38, United
States Code, to repeal a requirement that the Under Secretary for Health
in the Department of Veterans Affairs be a doctor of medicine'' with
amendments.
The message also announced that pursuant to section 9355(a), of title
10, United States Code, the Chair, on behalf of the Vice President,
appointed Mr. Exon from the Committee on Armed Services; Mr. Hollings
from the Committee on Appropriations; Mr. Burns from the Committee on
Appropriations; and Mr. Kempthorne, at Large; to the Board of Visitors
of the United States Air Force Academy.
The message also announced that pursuant to section 4355(a), of title
10, United States Code, the Chair, on behalf of the Vice President,
appointed Mr. Reid from the Committee on Appropriations; Mr. Shelby from
the Committee on Armed Services; Mr. Cochran from the Committee on
Appropriations; and Mr. Pressler, at Large; to the Board of Visitors of
the United States Military Academy.
The message also announced that pursuant to section 6968(a), of title
10, United States Code, the Chair, on behalf of the Vice President,
appointed Ms. Mikulski from the Committee on Appropriations; Mr.
Sarbanes, at Large; Mr. Hatfield from the Committee on Appropriations;
and Mr. McCain from the Committee on Armed Services; to the Board of
Visitors of the United States Naval Academy.
The message also announced that pursuant to sections 276h-276k, of
title 22, United States Code, as amended, the Chair, on behalf of the
Vice President, appointed Mr. Coverdell, as Vice Chairman of the Senate
Delegation to the Mexico-United States Interparlia- mentary Group during
the second session of the 103d Congress, vice Mr. Gramm.
Para. 31.4 communication from the clerk--message from the senate
The SPEAKER laid before the House a communication, which was read as
follows:
House of Representatives,
Washington, DC, April 7, 1994.
Hon. Thomas S. Foley,
The Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, the Clerk received the following messages
from the Secretary of the Senate on Friday, March 25, 1994 at
11:50 a.m.: That the Senate passed without amendment H.J.
Res. 329; agreed to the Conference Report and receded from
its disagreement to the House amendment to the title on S.
1284; and agreed to the House amendment to S. 1913.
On Friday, March 28, 1994 (1) at 10:20 a.m. that the Senate
passed without amendment H.R. 4122 and H. Con. Res. 230; that
the Senate agreed to the House amendments to S. 476 and S.
1299; and (2) at 3:14 p.m. that the Senate agreed to the
Conference Report on H.R. 1804.
With great respect, I am
Sincerely yours,
Donnald K. Anderson,
Clerk.
Para. 31.5 enrolled bills and joint resolution signed
The SPEAKER announced that pursuant to clause 4, rule I, he signed the
following enrolled bills and joint resolution:
[[Page 594]]
On Friday, March 25, 1994:
H.R. 3345. An Act to provide temporary authority to
government agencies relating to voluntary separation
incentive payments, and for other purposes.
S. 1284. An Act to amend the developmental disabilities
assistance and Bill of Rights Act to modify certain
provisions relating to programs for individuals with
developmental disabilities, federal assistance for priority
area activities for individuals with developmental
disabilities, protection and advocacy of individuals rights,
university affiliated programs, and projects of national
significance, and for other purposes.
S. 1913. An Act to extend certain compliance dates for
pesticide safety training and labeling requirements.
H.J. Res. 329. Joint resolution designating March 23, 1994,
as ``Education and Sharing Day, U.S.A.''.
On Monday, March 28, 1994:
H.R. 1804. An Act to improve learning and teaching by
providing a national framework for education reform; to
promote the research, consensus building and systemic changes
needed to ensure equitable education opportunities and high
levels of educational achievement for all students; to
provide a framework for reauthorization of all federal
education programs; to promote the development and adoption
of a voluntary national system of skill standards and
certifications; and for other purposes.
On Wednesday, March 30, 1994:
H.R. 4122. An Act to temporarily extend certain provisions
of the Marine Mammal Protection Act.
S. 476. An Act to reauthorize and amend the National Fish
and Wildlife Foundation Establishement Act, and for other
purposes.
S. 1299. An Act to amend section 203 of the Housing and
Community Development Amendments of 1978 to provide for the
disposition of multifamily properties owned by the Secretary
of Housing and Urban Development, to provide for other
reforms in programs administered by the Secretary, and to
make certain technical amendments, and for other purposes.
Para. 31.6 review panel of the office of fair employment practices
The SPEAKER laid before the House the following communication, which
was read as follows:
House of Representatives,
Washington, DC, March 30, 1994.
Hon. Thomas S. Foley,
Speaker of the House, House of Representatives, Washington,
DC.
Dear Mr. Speaker: Pursuant to Section 7(2) of House Rule
LI, I hereby appoint the following employee of the House to
the Review Panel of the Office of Fair Employment Practices
for the 103rd Congress:
Ms. Karen Buttaro of the Office of the House Republican
Leader.
Sincerely yours,
Bob Michel,
Republican Leader.
Para. 31.7 commission on child and family welfare
The SPEAKER laid before the House the following communication, which
was read as follows:
House of Representatives,
Washington, DC, March 30, 1994.
Hon. Thomas S. Foley,
Speaker of the House, House of Representatives, Washington,
DC.
Dear Mr. Speaker: Pursuant to the provisions of Section
5(b)(1) of Public Law 102-521, I hereby appoint the following
individuals to serve on the Commission on Child and Family
Welfare:
Carol Statuto Bevan of Derwood, Maryland and James G.
Sherman of Peoria, Illinois.
Sincerely,
Bob Michel,
Republican Leader.
Para. 31.8 communication from the chairman--public works projects
The SPEAKER laid before the House a communication, which was read as
follows:
Committee on Public Works
and Transportation,
Washington, DC, March 23, 1994.
Hon. Thomas S. Foley,
The Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the provisions of the Public
Buildings Act of 1959, I am transmitting herewith the
resolutions (originals plus one copy) approved today by the
Committee on Public Works and Transportation.
Sincerely yours,
Norman Y. Mineta
Chairman.
The communication and accompanying papers was referred to the
Committee on Appropriations.
Para. 31.9 advisory council on unemployment compensation
The SPEAKER, pursuant to the provisions of section 303 of Public Law
102-164 and the order of the House of Thursday, March 24, 1994,
authorizing the Speaker and Minority Leader to accept resignations and
to make appointments authorized by law or by the House, did on April 1,
1994, appoint to the Advisory Council on Unemployment Compensation, Ms.
Ann Q. Duncan of Cary, North Carolina, from private life, on the part of
the House, to fill the exisiting vacancy thereon.
Para. 31.10 general counsel
The SPEAKER, pursuant to clause 11 of rule I, announced the
appointment of Thomas J. Spulak, as General Counsel to the U. S. House
of Representatives, effective April 4, 1994.
Para. 31.11 committee on appropriations chairman
Mr. HOYER, by direction of the Democratic Caucus, submitted the
following privileged resolution (H. Res. 399):
Resolved, That Representative Obey of Wisconsin is hereby
elected Chairman of the Committee on Appropriations.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 31.12 the late honorable william h. natcher
Mr. MAZZOLI submitted the following privileged resolution (H. Res.
400):
Resolved, That the House has heard with profound sorrow of
the death of the Honorable William H. Natcher, a
Representative from the Commonwealth of Kentucky.
Resolved, That the Clerk communicate these resolutions to
the Senate and transmit a copy thereof to the family of the
deceased.
Resolved, That when the House adjourns today, it adjourn as
a further mark of respect to the memory of the decreased.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 31.13 messages from the president
Sundry messages in writing from the President of the United States
were communicated to the House by Mr. Edwin Thomas, one of his
secretaries.
Para. 31.14 duty suspension for international sports events
Mr. ROSTENKOWSKI moved to suspend the rules and pass the bill (H.R.
4066) to suspend temporarily the duty on the personal effects of
participants in, and certain other invididuals associated with, the 1994
World Cup Soccer Games, the 1994 World Rowing Championships, the 1995
Special Olympics World Games, the 1996 Summer Olympics, and the 1996
Paralympics; as amended.
The SPEAKER pro tempore, Mr. MAZZOLI, recognized Mr. ROSTENKOWSKI and
Mr. CRANE, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MAZZOLI, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. ROSTENKOWSKI demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The SPEAKER pro tempore, Mr. MAZZOLI, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
Para. 31.15 byron white united states courthouse
Mr. TRAFICANT moved to suspend the rules and pass the bill (H.R. 3693)
to designate the United States courthouse under construction in Denver,
Colorado, as the ``Byron White United States Courthouse''.
The SPEAKER pro tempore, Mr. MAZZOLI, recognized Mr. TRAFICANT and Mr.
DUNCAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. MAZZOLI, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. TRAFICANT demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The SPEAKER pro tempore, Mr. TRAFICANT, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
[[Page 595]]
Para. 31.16 edward j. schwartz courthouse and federal building
Mr. TRAFICANT moved to suspend the rules and pass the bill (H.R. 3770)
to designate the United States courthouse located at 940 Front Street in
San Diego, California, and the Federal building attached to the
courthouse as the ''Edward J. Schwartz Courthouse and Federal
Building''.
The SPEAKER pro tempore, Mr. MAZZOLI, recognized Mr. TRAFICANT and Mr.
DUNCAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. MAZZOLI, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. TRAFICANT demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The SPEAKER pro tempore, Mr. MAZZOLI, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Wednesday, April 13, 1994, pursuant to the prior announcement of the
Chair.
Para. 31.17 fredrick c. murphy federal center
Mr. TRAFICANT moved to suspend the rules and pass the bill of the
Senate (S. 1206) to redesignate the Federal building located at 380
Trapelo Road in Waltham, Massachusetts, as the ``Fredrick C. Murphy
Federal Center''.
The SPEAKER pro tempore, Mr. MAZZOLI, recognized Mr. TRAFICANT and Mr.
DUNCAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. MAZZOLI, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 31.18 great fall historic district
Mr. VENTO moved to suspend the rules and pass the bill (H.R. 3498) to
establish the Great Falls Historic District, and for other purposes; as
amended.
The SPEAKER pro tempore, Mr. MAZZOLI, recognized Mr. VENTO and Mr.
HANSEN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MAZZOLI, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. HANSEN demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. MAZZOLI, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Wednesday, April 13, 1994, pursuant to the prior announcement of the
Chair.
Para. 31.19 wheeling national heritage area
Mr. VENTO moved to suspend the rules and pass the bill (H.R. 2843) to
establish the Wheeling National Heritage Area in the State of West
Virginia, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. MAZZOLI, recognized Mr. VENTO and Mr.
ALLARD, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MAZZOLI, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. ALLARD demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. MAZZOLI, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Wednesday, April 13, 1994, pursuant to the prior announcement of the
Chair.
Para. 31.20 college loan default exemption
Mr. FORD of Michigan moved to suspend the rules and pass the bill of
the Senate (S. 2004) to extend until July 1, 1998, the exemption from
eligibility based on a high default rate for certain institutions of
higher education.
The SPEAKER pro tempore, Mr. MAZZOLI, recognized Mr. FORD of Michigan
and Mr. PETRI, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. MAZZOLI, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. BOEHNER demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The SPEAKER pro tempore, Mr. MAZZOLI, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Wednesday, April 13, 1994, pursuant to the prior announcement of the
Chair.
Para. 31.21 subpoena
The SPEAKER pro tempore, Mr. MAZZOLI, laid before the House a
communication, which was read as follows:
House of Representatives,
Washington, DC, March 16, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that a staffer in my
office has been served with a subpoena issued by the State of
Indiana, Hamilton County Superior Circuit Court in connection
with a civil case involving some constituent casework.
After consultation with the General Counsel, I will
determine if compliance with the subpoena is consistent with
the privileges and precedents of the House.
Sincerely,
Dan Burton,
Member of Congress.
Para. 31.22 subpoena
The SPEAKER pro tempore, Mr. MAZZOLI, laid before the House a
communication, which was read as follows:
House of Representatives,
Washington, DC, March 29, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that a staffer in my
office has been served with a subpoena issued by the United
States Court of International Trade in connection with a
civil case.
After consultation with the General Counsel, I will
determine if compliance with the subpoena is consistent with
the privileges and precedents of the House.
Sincerely,
Sam Farr,
Member of Congress.
Para. 31.23 subpoena
The SPEAKER pro tempore, Mr. MAZZOLI, laid before the House a
communication, which was read as follows:
Committee on House Administration,
Washington, DC, April 5, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives, U.S. Capitol, Washington,
DC.
Dear Mr. Speaker: This is to inform you, pursuant to Rule L
(50) of the Rules of the House, that two employees of the
Committee on House Administration have been served with a
subpoena issued by the U.S. District Court for the District
of Columbia.
After consultation with the General Counsel, I will
determined if compliance with the subpoena is consistent with
the privilege and precedent of the House.
With my very best wishes,
Sincerely,
Charlie Rose,
Chairman.
Para. 31.24 subpoena
The SPEAKER pro tempore, Mr. MAZZOLI, laid before the House a
communication, which was read as follows:
House of Representatives, Non-Legislative and Financial
Services,
Washington, DC, April 7, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives, U.S. Capitol, Washington,
DC.
Dear Mr. Speaker: This is to notify you formally pursuant
to Rule L (50) of the Rules of the House of that the Office
of Finance has been served with a subpoena issued by the
United States District Court for the District of Columbia.
After consultation with the General Counsel to the House, I
have determined that
[[Page 596]]
compliance with the subpoena is consistent with the
privileges and precedents of the House.
Sincerely,
Randall B. Medlock,
Acting Director.
Para. 31.25 subpoena
The SPEAKER pro tempore, Mr. MAZZOLI, laid before the House a
communication, which was read as follows:
House of Representatives,
Washington, DC, April 11, 1994.
Re subpoena--Superior Court of the District of Columbia M
4009-94 (criminal).
Hon. Thomas S. Foley,
Speaker, House of Representatives, The Capitol, Washington,
DC.
Dear Mr. Speaker: Pursuant to House Rule L (50), please be
advised that Officer David Hamlett, a House employee, has
received a subpoena to appear as a witness in the above
referenced matter. I have attached a copy of the subpoena for
your information.
If you have any questions or need additional information,
please do not hesitate to contact me.
Thank you for your continued cooperation.
Sincerely,
Werner W. Brandt,
Sergeant at Arms.
Para. 31.26 message from the president--national emergency with respect
to angola
The SPEAKER pro tempore, Mr. FARR, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
I hereby report to the Congress on the developments since September
26, 1993, concerning the national emergency with respect to Angola that
was declared in Executive Order No. 12865 of that date. This report is
submitted pursuant to section 401(c) of the National Emergencies Act, 50
U.S.C. 1641(c), and section 204(c) of the International Emergency
Economic Powers Act, 50 U.S.C. 1703(c).
On September 26, 1993, I declared a national emergency with respect to
Angola, invoking the authority, inter alia, of the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and the Untied
Nations Participation Act of 1945 (22 U.S.C. 287c). Consistent with
United Nations Security Council Resolution No. 864, dated September 15,
1993, the order prohibits the sale or supply by United States persons or
from the United States, or using U.S.-registered vessels or aircraft, of
arms and related materiel of all types, including weapons and
ammunition, military vehicles, equipment and spare parts, and petroleum
and petroleum products to the territory of Angola other than through
designated points of entry. The order also prohibits such sale or supply
to the National Union for the Total Independence of Angola (``UNITA'').
United States persons are prohibited from activities that promote or are
calculated to promote such sales or supplies, or from attempted
violations, or from evasion or avoidance or transactions that have the
purpose of evasion or avoidance, of the stated prohibitions. The order
authorizes the Secretary of the Treasury, in consultation with the
Secretary of State, to take such actions including the promulgation of
rules and regulations, as may be necessary to carry out the purposes of
the order.
1. On December 10, 1993, the Treasury Department's Office of Foreign
Assets Control (``FAC'') issued the UNITA (Angola) Sanctions Regulations
(the ``Regulations'') (58 Fed. Reg. 64904) to implement the President's
declaration of a national emergency and imposition of sanctions against
UNITA. A copy of the Regulations is attached for reference.
The Regulations prohibit the sale or supply by United States persons
or from the United States, or using U.S.-registered vessels or aircraft,
of arms and related materiel of all types, including weapons and
ammunition, military vehicles, equipment and spare parts, and petroleum
and petroleum products to UNITA or to the territory of Angola other than
through designated points. United States persons are also prohibited
from activities that promote or are calculated to promote such sales or
supplies to UNITA or Angola, or from any transaction by any United
States persons that evades or avoids, or has the purpose of evading or
avoiding, or attempts to violate any of the prohibitions set forth in
the Executive order. Also prohibited are transactions by United States
persons, or involving the use of U.S.-registered vessels or aircraft
relating to transportation to Angola or to UNITA of goods the
exportation of which is prohibited.
The Government of Angola has initially designated the following points
of entry as points in Angola to which the articles otherwise prohibited
by the Regulations may be shipped: Airports: Luanda, and Katumbela,
Benguela Province; Ports: Luanda, Lobito, Benguela Province, and Namibe,
Namibe Province; and Entry Points: Malongo, Cabinda Province. Although
no specific license is required by the Department of the Treasury for
shipments to these designated points of entry (unless the item is
destined for UNITA), any such exports remain subject to the licensing
requirements of the Departments of State and/or Commerce.
2. The expenses incurred by the Federal Government in the 6-month
period from September 26, 1993, through March 25, 1994, that are
directly attributable to the exercise of powers and authorities
conferred by the declaration of a national emergency with respect to
UNITA are reported at about $85,000, most of which represents wage and
salary costs for Federal personnel. Personnel costs were largely
centered in the Department of the Treasury (particularly in the FAC, the
U.S. Customs Service, the Office of the Assistant Secretary for
Enforcement, and the Office of the General Counsel) and the Department
of State (particularly the Bureau of Economic and Business Affairs and
the Office of the Legal Adviser).
I shall continue to report periodically to the Congress on significant
developments, pursuant to 50 U.S.C. 1703(c).
William J. Clinton.
The White House, April 12, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Foreign Affairs and ordered to
be printed (H. Doc. 103-227).
Para. 31.27 message from the president--panama canal commission
The SPEAKER pro tempore, Mr. FARR, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
As required by section 3522 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 22 U.S.C. 3611 note), I
transmit herewith the recommendations for changes to the Panama Canal
Commission. I have determined that the adoption of these recommendations
would facilitate and encourage the operation of the Canal through an
autonomous entity under the Government of Panama after the transfer of
the waterway on December 31, 1999, pursuant to the Panama Canal Treaty
of 1977 and related agreements.
In accordance with the law cited above, an extensive study of the
governance and financial management structure of the Panama Canal
Commission was conducted. The study and its recommendations were then
considered and discussed among representatives of the Departments of
State, Defense, the Treasury, Commerce, Transportation, and Justice, as
well as the Panama Canal Commission. The study, and the process that
followed it, formed the basis for my recommendations, which are
contained in the attached document.
William J. Clinton.
The White House, April 12, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Merchant Marine and Fisheries
and ordered to be printed (H. Doc. 103-228).
Para. 31.28 recess--2:50 p.m.
The SPEAKER pro tempore, Mr. FARR, pursuant to clause 12 of rule I,
declared the House in recess at 2 o'clock and 50 minutes p.m. until 4
p.m.
Para. 31.29 after recess--4:00 p.m.
The SPEAKER pro tempore, Mr. PRICE of North Carolina, called the House
to order.
Para. 31.30 h.r. 4066--unfinished business
The SPEAKER pro tempore, Mr. PRICE of North Carolina, pursuant to
clause 5, rule I, announced the unfinished business to be the motion to
suspend the rules and pass the bill (H.R. 4066) to suspend temporarily
the duty on the personal effects of participants in, and certain other
invididuals associated with, the 1994 World Cup Soccer
[[Page 597]]
Games, the 1994 World Rowing Championships, the 1995 Special Olympics
World Games, the 1996 Summer Olympics, and the 1996 Paralympics; as
amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
406
<3-line {>
affirmative
Nays
1
Para. 31.31 [Roll No. 96]
YEAS--406
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Fowler
Franks (CT)
Franks (NJ)
Frost
Gejdenson
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Rowland
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Williams
Wilson
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zimmer
NAYS--1
Taylor (MS)
NOT VOTING--25
Bentley
Berman
Blackwell
Clinger
DeFazio
Fish
Ford (TN)
Frank (MA)
Furse
Gallegly
Gallo
Gephardt
Grandy
Hamburg
Hutchinson
Mink
Ridge
Roukema
Roybal-Allard
Schiff
Smith (OR)
Washington
Whitten
Wise
Zeliff
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 31.32 h.r. 3693--unfinished business
The SPEAKER pro tempore, Mr. FARR, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 3693) to designate the United States
courthouse under construction in Denver, Colorado, as the ``Byron White
United States Courthouse''.
The question being put,
Will the House suspend the rules and pass said bill?
The vote was taken by electronic device.
It was decided in the
Yeas
408
<3-line {>
affirmative
Nays
0
Para. 31.33 [Roll No. 97]
YEAS--408
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Fowler
Franks (CT)
Franks (NJ)
Frost
Gejdenson
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
[[Page 598]]
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Rowland
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Williams
Wilson
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zimmer
NOT VOTING--24
Bentley
Blackwell
Clinger
DeFazio
Fish
Ford (TN)
Frank (MA)
Furse
Gallegly
Gallo
Gephardt
Grandy
Hutchinson
Mink
Ridge
Roukema
Roybal-Allard
Schiff
Smith (OR)
Thomas (WY)
Washington
Whitten
Wise
Zeliff
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 31.34 unfinished business--approval of the journal
The SPEAKER pro tempore, Mr. FARR, pursuant to clause 5, rule I,
announced the unfinished business to be the question on agreeing to the
Chair's approval of the Journal of Thursday, March 24, 1994.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. FARR, announced that the yeas had it.
So the Journal was approved.
Para. 31.35 providing for the consideration of h.r. 4092
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-474 the resolution (H. Res. 401) providing for the further
consideration of the bill (H.R. 4092) to control and prevent crime.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 31.36 appointment of funeral committee of the late honorable
william h. natcher
The SPEAKER pro tempore, Mr. FARR, announced that, pursuant to the
order of the House of Thursday, March 24, 1994, authorizing the Speaker
and the Minority Leader to accept resignations and to make appointments,
authorized by law or by the House, the Speaker did on Wednesday, April
6, 1994, appoint the following Members to attend the funeral of the late
Honorable William H. Natcher:
Messrs.: Mazzoli of Kentucky, Foley of Washington, Bonior of Michigan,
Rogers of Kentucky, Bunning of Kentucky, Baesler of Kentucky, Barlow of
Kentucky, Smith of Iowa, McDade of Pennsylvania, Ford of Michigan,
Bevill of Alabama, Montgomery of Mississippi, Stokes of Ohio, Obey of
Wisconsin, Young of Florida, Murtha of Pennsylvania, Goodling of
Pennsylvania, Dixon of California, Coleman of Texas, Mollohan of West
Virginia, Darden of Georgia, Clement of Tennessee, Peterson of Florida,
Olver of Massachusetts, and Klein of New Jersey.
Para. 31.37 senate bills and joint resolution referred
Bills and a joint resolution of the Senate of the following titles
were taken from the Speaker's table and, under the rule, referred as
follows:
S. 1226. An Act to amend title 38, United States Code, to
provide for the organization and administration of the
Readjustment Counseling Service, to improve eligibility for
readjustment counseling and related counseling and for other
purposes; to the Committee on Veterans' Affairs.
S. 1546. An Act to amend title 38, United States Code, to
revise certain administrative provisions relating to the
United States Court of Veterans Appeals, and for other
purposes; to the Committee on Veterans' Affairs.
S. 1402. An Act to convey a certain parcel of public land
to the county of Twin Falls, Idaho, for use as a landfill,
and for other purposes; to the Committee on Natural
Resources.
S. 1512. An Act to amend title 38, United States Code, to
require the establishment in the Department of Veterans
Affairs of mental illness research, education, and clinical
centers, and for other purposes; to the Committee on
Veterans' Affairs.
S. 1930. An Act to amend the Consolidated Farm and Rural
Development Act to improve the administration of claims and
obligations of the Farmers Home Administration, and for other
purposes; to the Committee on Agriculture.
S. 2005. An Act to make certain technical corrections, and
for other purposes; to the Committee on Agriculture.
S.J. Res. 179. Joint resolution to designate the week of
June 12 through 19, 1994, as ``National Men's Health Week'';
to the Committee on Post Office and Civil Service.
Para. 31.38 bills and joint resolution presented to the president
Mr. ROSE, from the Committee on House Administration, reported that
that committee did on this day present to the President, for his
approval, bills and a joint resolution of the House of the following
titles.
On March 25, 1995:
H.J. Res. 329. Joint resolution designating March 23, 1994,
as ``Education and Sharing Day, U.S.A.''
H.R. 3345. An Act to provide temporary authority to
Government agencies relating to voluntary separation
incentive payments, and for other purposes.
On March 28, 1994:
H.R. 1804. An Act to improve learning and teaching by
providing a national framework for education reform; to
promote the research, consensus building, and systemic
changes needed to ensure equitable education opportunities
and high levels of educational achievement for all students;
to provide a framework for reauthorization of all Federal
education programs; to promote the development and adoption
of a voluntary national system of skill standards and
certifications; and for other purposes.
On March 30, 1994:
H.R. 4122. An Act to temporarily extend certain provisions
of the Marine Mammal Protection Act.
Para. 31.39 leave of absence
By unanimous consent, leave of absence was granted--
To Mrs. BENTLEY, for today;
To Mr. FISH, for today; and
To Mr. GALLO, for the week.
And then,
Para. 31.40 adjournment
On motion of Mr. GINGRICH, pursuant to the provisions of House
Resolution 400, at 6 o'clock and 13 minutes p.m., the House adjourned
out of respect for the late Honorable William H. Natcher.
Para. 31.41 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
[Pursuant to the order of the House on March 24, 1994, the following
reports were filed on March 25, 1994]
Mr. BROOKS: Committee on the Judiciary. H.R. 1120. A bill
to amend title 18, United States Code, to strengthen the
Federal prohibitions against assaulting children; with an
amendment (Rept. No. 103-461). Referred to the Committee of
the Whole House on the State of the Union.
Mr. BROOKS: Committee on the Judiciary. H.R. 3968. A bill
to provide grants to States to assist in the incarceration of
violent repeat offenders and to manage the problems
associated with overcapacity in correctional facilities and
programs and to support comprehensive programs that will
reduce the rate of recidivism; with an amendment (Rept. No.
103-462). Referred to the Committee of the Whole House on the
State of the Union.
Mr. BROOKS: Committee on the Judiciary. H.R. 3981. A bill
to provide mandatory life imprisonment for persons convicted
of a third violent felony; with an amendment (Rept. No. 103-
463). Referred to the Committee of the Whole House on the
State of the Union.
Mr. BROOKS: Committee on the Judiciary. H.R. 4030. A bill
to assist victims of crime (Rept. No. 103-464, Pt. 1).
Ordered to be printed.
[[Page 599]]
Mr. BROOKS: Committee on the Judiciary. H.R. 4031. A bill
to provide for the prosecution as adults of juveniles 13
years old or older for certain crimes of violence; with an
amendment (Rept. No. 103-465). Referred to the Committee of
the Whole House on the State of the Union.
Mr. BROOKS: Committee on the Judiciary. H.R. 4032. A bill
to provide the penalty of death for certain crimes; with an
amendment (Rept. No. 103-466). Referred to the Committee of
the Whole House on the State of the Union.
Mr. BROOKS: Committee on the Judiciary. H.R. 4035. A bill
to establish constitutional procedures for the imposition of
the death penalty; with an amendment (Rept. No. 103-467).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. BROOKS: Committee on the Judiciary. H.R. 665. A bill to
amend title 18, United States Code, to provide that fraud
against insurance companies will be subject to strong Federal
criminal and civil penalties; with an amendment (Rept. No.
103-468). Referred to the Committee of the Whole House on the
State of the Union.
Mr. BROOKS: Committee on the Judiciary. H.R. 3993. A bill
to amend title 18, United States Code, with respect to the
sexual exploitation of children (Rept. No. 103-469). Referred
to the Committee of the Whole House on the State of the
Union.
Mr. BROOKS: Committee on the Judiciary. H.R. 4018. A bill
to revise habeas corpus proceedings (Rept. No. 103-470).
Referred to the Committee of the Whole House on the State of
the Union.
[Submitted April 12, 1994]
Mr. MILLER of California: Committee on Natural Resources.
H.R. 2843. A bill to establish the Wheeling National Heritage
Area in the State of West Virginia, and for other purposes;
with an amendment (Rept. No. 103-471). Referred to the
Committee of the Whole House on the State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 3498. A bill to establish the Great Falls Historic
District, and for other purposes; with an amendment (Rept.
No. 103-472). Referred to the Committee of the Whole House on
the State of the Union.
Mr. BROWN of California: Committee on Science, Space, and
Technology. H.R. 3476. A bill to amend the National Science
and Technology Policy, Organization, and Priorities Act of
1976, and for other purposes; with an amendment (Rept. No.
103-473). Referred to the Committee of the Whole House on the
State of the Union.
Mr. DERRICK: Committee on Rules. House Resolution 401.
Resolution providing for further consideration of the bill
(H.R. 4092) to control and prevent crime (Rept. No. 103-474).
Referred to the House Calendar.
Para. 31.42 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BEREUTER:
H.R. 4165. A bill to amend the United States Housing Act of
1937 to authorize the Secretary of Housing and Urban
Development to enter into contracts with high-performing
public housing agencies to provide for the development of
public housing in a manner that eliminates time-consuming
interim review procedures otherwise required; to the
Committee on Banking, Finance and Urban Affairs.
By Mr. BLILEY (for himself, Mr. Rohrabacher, Mr.
Saxton, and Mr. Ballenger):
H.R. 4166. A bill to amend the District of Columbia Self-
Government and Governmental Reorganization Act to revise and
reauthorize the use of a formula based on adjusted District
General Fund revenues as the basis for determining the amount
of the annual Federal payment to the District of Columbia,
and for other purposes; to the Committee on the District of
Columbia.
By Mr. CARDIN:
H.R. 4167. A bill to amend title XVIII of the Social
Security Act to provide for coverage of colorectal screening
under part B of the Medicare program; jointly, to the
Committees on Ways and Means and Energy and Commerce.
By Mr. FRANK of Massachusetts:
H.R. 4168. A bill to amend the Internal Revenue Code of
1986 with respect to the treatment of accelerated death
benefits under life insurance contracts; to the Committee on
Ways and Means.
By Mr. MACHTLEY:
H.R. 4169. A bill to amend title I of the Housing and
Community Development Act of 1974 to provide that activities
to bring structures and sites into compliance with building,
health and safety, and environmental laws and ordinances
shall be activities eligible for assistance under such title;
to the Committee on Banking, Finance and Urban Affairs.
By Mr. GONZALEZ:
H.R. 4170. A bill to amend the Federal Deposit Insurance
Act and the Federal Credit Union Act to require insured
depository institutions to include information on derivative
financial instruments in reports of condition, and for other
purposes; to the Committee on Banking, Finance and Urban
Affairs.
By Mr. MACHTLEY (for himself and Mrs. Meyers of
Kansas):
H.R. 4171. A bill to require modification of the Federal
acquisition regulation to provide for timely payment of
subcontractors and suppliers performing on contracts awarded
by the United States, and for other purposes; to the
Committee on Government Operations.
By Mr. MACHTLEY:
H.R. 4172. A bill to amend the Small Business Act to
increase authorization levels for the small business
development center program; to the Committee on Small
Business.
H.R. 4173. A bill to amend the Small Business Act to
provide for expanded participation in the microloan
demonstration program; to the Committee on Small Business.
H.R. 4174. A bill to amend the Small Business Act to
authorize appropriations for deferred participation loans to
small business concerns detrimentally affected by defense
reductions, and for other purposes; to the Committee on Small
Business.
H.R. 4175. A bill to amend the Small Business Act to
provide financial assistance to small businesses operating in
urban empowerment zones and enterprise communities and to
amend the Internal Revenue Code of 1986 to allow individuals
an exclusion for capital gain from new investments in those
small businesses; jointly, to the Committees on Small
Business and Ways and Means.
By Mr. MAZZOLI (by request):
H.R. 4176. A bill to amend the Immigration and Nationality
Act to authorize appropriations for refugee and entrant
assistance for fiscal years 1995 and 1996; to the Committee
on the Judiciary.
By Mr. PALLONE:
H.R. 4177. A bill to designate the Post Office building
located at 1601 Highway 35 in Middletown, NJ, as the
``Candace White United States Post Office''; to the Committee
on Post Office and Civil Service.
By Mr. SMITH of Texas (for himself, Mr. Kasich, Mr.
Cox, and Mr. Franks of New Jersey):
H.R. 4178. A bill to amend the Federal Credit Reform Act of
1990 to include administrative costs in the estimated long-
term costs to the Government of direct loans and loan
guarantees and to systematically reduce the Federal credit
subsidy rate, and for other purposes; jointly, to the
Committees on Government Operations and Rules.
By Mr. STUPAK:
H.R. 4179. A bill to amend title I of the Omnibus Crime
Control and Safe Streets Act of 1968 to encourage States to
enact Police Officers' Bills of Rights, to provide standards
and protections for the conduct of internal police
investigations, and for other purposes; to the Committee on
the Judiciary.
By Mr. THOMAS of Wyoming (for himself, Mr. Richardson,
Mr. Young of Alaska, and Mr. Boehlert):
H.R. 4180. A bill to prohibit the withdrawal of
acknowledgement or recognition of an Indian tribe or Alaska
Native group or of the leaders of an Indian tribe or Alaska
Native group, absent an Act of Congress; to the Committee on
Natural Resources.
By Mr. WHEAT:
H.R. 4181. A bill to prohibit an agency, or entity, that
receives Federal assistance and is involved in adoption or
foster care programs from delaying or denying the placement
of a child based on the race, color, or national origin of
the child or adoptive or foster parent or parents involved,
and for other purposes; to the Committee on Ways and Means.
By Mr. MORAN (for himself, Ms. Roybal-Allard, Mr.
Klein, and Mr. Waxman):
H.J. Res. 350. Joint resolution designating April 1994 as
``National Buy Recycled Materials and Products Month''; to
the Committee on Post Office and Civil Service.
By Mr. HOYER:
H. Res. 399. Resolution electing Representative Obey as
Chairman of the Committee on Appropriations; considered and
agreed to.
By Mr. MAZZOLI:
H. Res. 400. Resolution expressing the condolences of the
House on the death of Representative William H. Natcher;
considered and agreed to.
By Mr. HASTERT (for himself and Mr. Goss):
H. Res. 402. Resolution providing for the consideration of
the bill (H.R. 300) to amend title II of the Social Security
Act to eliminate the earnings test for individuals who have
attained retirement age; to the Committee on Rules.
By Mr. LaROCCO:
H. Res. 403. Resolution requesting the President to
designate April 1994 as ``National Savings Month''; to the
Committee on Post Office and Civil Service.
By Mr. ZELIFF (for himself and Mr. Andrews of New
Jersey):
H. Res. 404. Resolution providing for the consideration of
the bill (H.R. 3266) to provide for automatic downward
adjustments in the discretionary spending limits for fiscal
year 1994 set forth in the Congressional Budget Act of 1974
equal to the amount of rescissions contained in this Act; to
the Committee on Rules.
Para. 31.43 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
325. By the SPEAKER: Memorial of the General Assembly of
the State of New Jersey, relative to extending daylight
saving time until after the annual general election day; to
the Committee on Energy and Commerce.
326. Also, memorial of the Senate of the State of Wyoming,
relative to the Oil Pollution Act of 1990; jointly, to the
Committees on Public Works and Transportation, Natural
Resources, and Merchant Marine and Fisheries.
[[Page 600]]
Para. 31.44 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 35: Mr. Baker of California.
H.R. 56: Ms. Pelosi.
H.R. 112: Mr. Hutchinson.
H.R. 115: Ms. DeLauro and Mr. Mineta.
H.R. 163: Mr. Hutchinson.
H.R. 300: Mr. Archer, Mr. Calvert, Mr. Regula, Mr.
Hoekstra, Mr. Ramstad, Mr. Ewing, Ms. Brown of Florida, and
Mr. Frank of Massachusetts.
H.R. 301: Mr. Hutchinson.
H.R. 302: Mr. Sensenbrenner.
H.R. 306: Mr. Calvert.
H.R. 323: Mr. Kolbe.
H.R. 411: Mr. Rahall.
H.R. 476: Mr. Engel.
H.R. 657: Mr. Hutchinson.
H.R. 702: Mr. Lantos, Mr. Hastert, Mr. DeFazio, Mr.
Kopetski, Mr. Machtley, Mr. Barton of Texas, Mr. Coleman, Mr.
McDermott, Mr. Chapman, Mr. Quinn, Mr. Foglietta, Mr.
Clement, and Mr. Livingston, H.R. 746: Ms. Margolies-
Mezvinsky.
H.R. 896: Mr. Hutchinson.
H.R. 911: Mr. Boehlert, Mr. Brown of California, and Mr.
Saxton,
H.R. 998: Mr. Hutchinson.
H.R. 1012: Mr. Pastor.
H.R. 1055: Mr. Wynn, Mr. Diaz-Balart, and Mr. Bishop.
H.R. 1072: Mr. Bonior and Mr. Blackwell.
H.R. 1080: Mr. Hutchinson.
H.R. 1110: Mr. Solomon, Mr. Jefferson, and Mr. Baker of
Louisiana.
H.R. 1123: Mr. Franks of New Jersey.
H.R. 1128: Mr. Hutchinson.
H.R. 1130: Mr. Hutchinson.
H.R. 1155: Mr. Volkmer.
H.R. 1168: Mr. Laughlin, Mr. Hancock, Mr. Carr, and Ms.
Ros-Lehtinen.
H.R. 1231: Mr. Stupak, Mr. Kreidler, Mr. Durbin, Mr.
Ackerman, Mr. Gordon, Mr. Young of Alaska, Mr. Bonior, Mr.
Kopetski, Mr. Oberstar, Mr. Neal of Massachusetts, and Mr.
Kildee.
H.R. 1277: Mr. Holden.
H.R. 1295: Mr. Frank of Massachusetts.
H.R. 1309: Mr. Royce, Mr. Saxton, Mr. Bachus of Alabama,
Mr. Istook, Mr. Torricelli, Mr. Barton of Texas, Mr. Zimmer,
Mr. Franks of New Jersey, Mr. Inhofe, Mr. Bereuter, and Mr.
Hutchinson.
H.R. 1374: Mr. Roemer, Ms. Norton, and Mr. Hughes.
H.R. 1375: Mr. Sanders and Mr. Peterson of Minnesota.
H.R. 1402: Mrs. Maloney.
H.R. 1439: Ms. Brown of Florida.
H.R. 1482: Mr. Hutchinson.
H.R. 1483: Mr. Hutchinson.
H.R. 1484: Mr. Hutchinson.
H.R. 1487: Mr. Goss.
H.R. 1517: Mr. Gene Green of Texas.
H.R. 1552: Mr. Wyden and Mr. Hutchinson.
H.R. 1620: Mr. Hutchinson.
H.R. 1671: Mr. Andrews of Maine, Mr. Ackerman, and Mr.
Hughes.
H.R. 1719: Mr. Lipinski, Mr. Emerson, Mr. Hochbrueckner,
Mr. Machtley, Mr. Swett, Mr. DeFazio, Mr. Castle, Mr.
McDermott, Mr. Baker of Louisiana, and Mr. Gutierrez.
H.R. 1747: Mr. Emerson.
H.R. 1818: Mr. Gutierrez.
H.R. 1852: Mr. Hutchinson.
H.R. 1853: Mr. Hutchinson.
H.R. 1855: Mr. Hutchinson.
H.R. 1857: Mr. Hutchinson.
H.R. 1860: Mr. Hutchinson.
H.R. 1881: Mr. Barrett of Wisconsin.
H.R. 1900: Ms. McKinney.
H.R. 1905: Mr. Lipinski.
H.R. 1906: Mr. Oberstar, Miss Collins of Michigan, Mr.
Lipinski, Mr. Foglietta, Mr. Shays, Mrs. Unsoeld, and Mr.
Moran.
H.R. 1910. Mr. Gordon.
H.R. 1989: Mr. Crapo, Mr. Armey, and Mr. McCrery.
H.R. 2012: Mr. Oxley, Mr. Packard, Mr. Petri, Mr. Pombo,
Mr. Rogers, Mr. Saxton, Mr. Skeen, Mr. Smith of New Jersey,
Ms. Snowe, Mr. Stump, Mr. Taylor of North Carolina, Mr.
Thomas of Wyoming, Mrs. Vucanovich, Mr. Walker, Mr. Zimmer,
Mr. Evans, Mr. Edwards of California, Mr. Filner, Mr.
Machtley, Mr. Allard, Mr. Armey, Mr. Baker of California, Mr.
Barrett of Nebraska, Mr. Bereuter, Mr. Bliley, Mr. Boehner,
Mr. Gillmor, Mr. Clinger, Mr. Coble, Mr. Collins of Georgia,
Mr. Combest, Mr. Cunningham, Mr. DeLay, Mr. Doolittle, Ms.
Dunn, Mr. Emerson, Mr. Everett, Mr. Ewing, Mr. Hansen, Mr.
Hefley, Mr. Inhofe, Mrs. Johnson of Connecticut, Mr. Lewis of
California, Mr. Levy, Mr. Lightfoot, Mr. Manzullo, Mr.
McCollum, and Mrs. Morella.
H.R. 2032: Mr. Engel.
H.R. 2059: Mr. Hutchinson.
H.R. 2092: Mr. Bilbray and Mr. DeFazio.
H.R. 2175: Mr. Hamburg.
H.R. 2199: Mr. Vento and Mr. Wynn.
H.R. 2258: Mr. Frost, Mr. Edwards of California, and Ms.
Furse.
H.R. 2326: Mr. Bilbray, Mr. McCrery, Mr. Livingston, Mr.
Deal, Mr. Bachus of Alabama, Mr. Sabo, Mr. Hutchinson, and
Mr. Dornan.
H.R. 2420: Mr. Inslee, Mr. Oberstar, Mr. Andrews of New
Jersey, and Mr. Edwards of California.
H.R. 2443: Mr. Levin, Mr. Richardson, Mr. Skeen, Mr. Kolbe,
and Mr. Pomeroy.
H.R. 2554: Mr. Franks of New Jersey.
H.R. 2640: Mr. Baker of Louisiana.
H.R. 2671: Mr. Baker of Louisiana.
H.R. 2721: Mr. Brown of California.
H.R. 2745: Mr. Sabo, Mr. Dornan, and Ms. Lowey.
H.R. 2832: Mr. Barrett of Wisconsin and Mr. Lipinski.
H.R. 2898: Ms. Velazquez.
H.R. 2910: Mr. Barcia of Michigan, Mr. Coble, Mr. Fields of
Texas, Mr. Roberts, and Mr. Santorum.
H.R. 2929: Mr. Glickman, Mr. Poshard, and Mr. Hall of
Texas.
H.R. 3021: Mrs. Roukema.
H.R. 3026: Mr. Evans and Mr. Foglietta.
H.R. 3031: Mr. Stump, Mr. Ballenger, Mr. Skeen, Mr. Neal of
North Carolina, Mr. Bartlett of Maryland, Mr. Calvert, and
Mr. Levy.
H.R. 3064: Mr. McDade and Mr. Blackwell.
H.R. 3075: Mr. Shays.
H.R. 3109: Mr. Engel.
H.R. 3128: Ms. Velazquez and Mr. Gutierrez.
H.R. 3179: Mr. Baker of Louisiana, Mr. Andrews of New
Jersey, Mr. Rohrabacher, and Mr. Livingston.
H.R. 3261: Mr. Crane.
H.R. 3266: Mr. Browder, Mr. Jacobs, Mr. Bacchus of Florida,
Mr. Bilbray, Mr. Regula, Mr. Archer, Mr. Stupak, Mr.
Slattery, Mrs. Lloyd, Mr. Quillen, Mr. Hayes, Mr. DeFazio,
Mr. Johnson of South Dakota, Mr. Bereuter, and Ms. English of
Arizona.
H.R. 3288: Mr. Montgomery and Mr. Kingston.
H.R. 3293: Mr. Bunning, Mr. Filner, Mr. Kim, Mr. Zeliff,
Ms. Dunn, Mr. Smith of Michigan, and Mr. Engel.
H.R. 3305: Mr. Dixon and Mr. Jacobs.
H.R. 3320: Mr. Holden.
H.R. 3324: Mr. Wyden and Mr. Miller of California.
H.R. 3328: Mr. Sarpalius and Mr. Hamburg.
H.R. 3347: Ms. Brown of Florida, Mr. Johnston of Florida,
Mr. Serrano, and Mr. Frank of Massachusetts.
H.R. 3363: Ms. Kaptur.
H.R. 3367: Mr. Peterson of Minnesota, Mr. Zeliff, Mr.
Livingston, Mr. Hutto, and Mr. Pombo.
H.R. 3372: Mr. Mica.
H.R. 3397: Mr. Smith of New Jersey, Mr. Clyburn, and Mr.
Applegate.
H.R. 3490: Mr. Abercrombie, Mr. Smith of New Jersey, Ms.
Snowe, Mr. Tauzin, and Mr. Williams.
H.R. 3507: Mr. Sensenbrenner and Mrs. Thurman.
H.R. 3546: Mr. Slattery, Mr. Moorhead, Mrs. Meyers of
Kansas, Mrs. Johnson of Connecticut, Mr. Fields of Texas, and
Mr. Paxon.
H.R. 3564: Mr. Lewis of Georgia.
H.R. 3572: Mr. Frost and Mr. Towns.
H.R. 3574: Mr. Frost, Mr. Edwards of California, and Ms.
Furse.
H.R. 3584: Ms. Furse, Mr. Roth, and Mr. Saxton.
H.R. 3611: Mr. Martinez and Mr. Lewis of California.
H.R. 3626: Mr. Blute and Mr. Gilman.
H.R. 3630: Mr. Frost and Mr. Andrews of Texas.
H.R. 3642: Mr. Ackerman, Mr. Clement, Mr. DeFazio, Ms.
DeLauro, Mr. de Lugo, Mr. Foglietta, Mr. Gilman, Mr. Sam
Johnson, Mr. McHugh, and Mr. Portman.
H.R. 3656: Mr. Nadler, Mr. Gutierrez, Mr. Cooper, Mr.
Engel, Mr. Hall of Ohio, Ms. Schenk, and Mr. Bachus of
Alabama.
H.R. 3660: Mr. Roberts, Mr. Solomon, Mr. Slattery, Mr.
Fawell, Mr. Coleman, and Mr. Coble.
H.R. 3663: Ms. Kaptur, Mr. Miller of California, Mr.
Gejdenson, Ms. Lowey, and Mr. Gutierrez.
H.R. 3678: Mr. McMillan.
H.R. 3694: Mr. Foglietta, Ms. Eddie Bernice Johnson of
Texas, Mr. Frank of Massachusetts, Mr. Johnson of South
Dakota, Mr. Towns, and Mr. Frost.
H.R. 3727: Mr. Michel and Mr. Schumer.
H.R. 3787: Mr. Portman and Mr. Zeliff.
H.R. 3794: Mr. Penny.
H.R. 3843: Mr. Traficant, Mr. Poshard, and Mr. Pickett.
H.R. 3844: Mr. Traficant and Mr. Pickett.
H.R. 3845: Mr. Lewis of Georgia, Mr. Miller of California,
and Mr. Stark.
H.R. 3846: Ms. Slaughter, Mr. Royce, Mr. Kyl, Mr. King, Mr.
McHugh, Ms. Molinari, Mr. Torricelli, Mr. Smith of New
Jersey, Mr. Goodling, Mr. Porter, Ms. Ros-Lehtinen, Mr.
Hinchey, Mr. Gallo, Mr. Torkildsen, Ms. Shepherd, Mr.
Knollenberg, Mr. Hutchinson, Mr. Machtley, Mr. Meehan, Mr.
Wynn, and Mr. Levy.
H.R. 3862: Mr. Calvert.
H.R. 3866: Mr. Nadler, Mr. Johnston of Florida, Mr.
Mollohan, Ms. Cantwell, Ms. English of Arizona, Mr. Price of
North Carolina, Ms. Collins of Michigan, Mr. Thompson, Mr.
Barlow, Ms. Kaptur, Mr. Gilman, Ms. DeLauro, Mr. Scott, Mr.
Murphy, Mr. Hefner, Ms. Woolsey, Mr. Wheat, and Mr.
Coppersmith.
H.R. 3870: Mr. Romero-Barcelo and Mr. Gutierrez.
H.R. 3871: Mr. Ehlers, Mr. Barton of Texas, and Mr. Baker
of Louisiana.
H.R. 3873: Ms. Collins of Michigan and Ms. Pelosi.
H.R. 3900: Mr. Deal, Mrs. Maloney, Mr. Romero-Barcelo, Mr.
Scott, Mr. Stark, Mr. Stupak, Mr. Taylor of Mississippi, Mr.
Vento, Mr. Wise, and Ms. Woolsey.
H.R. 3916: Mr. Solomon.
H.R. 3926: Mr. Machtley, Mr. Frank of Massachusetts, Mr.
Holden, Mr. Shays, Mr. Ridge, Mr. Traficant, Mr. McHugh, Mr.
Blackwell, and Mr. Gutierrez.
H.R. 3939: Mr. Kreidler.
H.R. 3941: Mr. Saxton.
H.R. 3943: Mr. Fawell, Mr. Johnston of Florida, and Mr.
Livingston.
H.R. 3949: Mr. Bliley, Mr. Wolf, and Mr. Faleomavaega.
H.R. 3955: Mr. Bishop and Mr. Bunning.
[[Page 601]]
H.R. 3966: Mrs. Thurman.
H.R. 3994: Mr. Saxton.
H.R. 3999: Mr. Gutierrez.
H.R. 4002: Mr. Barlow.
H.R. 4013: Ms. Brown of Florida, Mr. Sanders, Mr. Stearns,
Mr. Hutchinson, Mr. Bilirakis, Mr. Everett, Mr. Quinn, Mr.
Hefner, Mr. Richardson, Mr. Stenholm, Mr. Payne of Virginia,
and Mr. Parker.
H.R. 4024: Mr. Thompson, Mr. Underwood, Mr. McDermott, Mr.
Miller of California, and Mr. Oberstar.
H.R. 4025: Mr. Brewster, Mr. Cooper, Mr. Conyers, Mr.
Mazzoli, Ms. Collins of Michigan, Mr. Bishop, Mr. Clement,
and Mr. Rush.
H.R. 4027: Mr. Matsui, Mr. Emerson, Mrs. Fowler, Mr. Royce,
Mr. Livingston, Mr. Baker of Louisiana, Mr. Gunderson, and
Mr. Herger.
H.R. 4051: Mr. Vento, Mrs. Mink of Hawaii, Ms. Lowey, Mr.
Lewis of Georgia, Ms. Collins of Michigan, Mr. Miller of
California, Mr. Gene Green of Texas, Mrs. Schroeder, Mr.
Farr, Mr. Thompson, Mr. Owens, Mr. Romero-Barcelo, Mr.
Hinchey, and Mr. Frost.
H.R. 4057: Mr. Cox, Mr. Goss, Mr. Solomon, and Mr.
Goodlatte.
H.R. 4078: Mr. Castle, Mr. Petri, and Mr. Franks of New
Jersey.
H.R. 4100: Mr. Penny, Mr. Frank of Massachusetts, Mr.
Johnston of Florida, Mr. Gilchrest, Mr. Zeliff, Mr. Ramstad,
Mr. DeFazio, and Mr. Waxman.
H.R. 4116: Mr. Lipinski, Mr. Flake, Ms. Norton, Mr. Frost,
Mr. Sisisky, Mr. Filner, and Mr. Waxman.
H.R. 4124: Mr. Bishop.
H.R. 4139: Mrs. Thurman.
H.R. 4148: Mr. Foglietta, Mr. Studds, Mr. Ackerman, Mr.
Miller of California, Ms. Velazquez, Ms. Pelosi, Mr. Lantos,
and Mr. Frank of Massachusetts.
H.J. Res. 90: Mr. Levy, Mr. Sundquist, Mr. Wynn, Mr.
Volkmer, Mr. Yates, Mrs. Vucanovich, Mr. Stearns, Mr.
Underwood, Mr. Wyden, Mr. Quinn, Mr. Shuster, Mr. Berman, Mr.
Miller of California, Ms. Velazquez, and Mr. Sarpalius.
H.J. Res. 122: Mrs. Thurman.
H.J. Res. 209: Mr. Quinn, Mr. Skeen, Mr. Mfume, Mr. Olver,
Mr. Towns, Mr. Whitten, Mr. Bilirakis, Mr. Clement, Mr.
Murphy, Mr. Markey, Mr. Yates, Mr. Hayes, Mr. Hefner, Mr.
King, Mr. Kasich, and Mr. Gordon.
H.J. Res. 253: Mr. Vento, Mr. Bonior, Mr. Glickman, Mr.
Jefferson, Mr. Reynolds, Mr. Klug, Mr. Hutchinson, Mr.
Edwards of Texas, Mr. Sarpalius, Mr. Stupak, Mr. Frost, Mr.
Payne of Virginia, Mrs. Clayton, Mr. Schumer, Mr. Owens, Mr.
Murtha, Mr. Murphy, Mr. Spence, Mr. Ford of Tennessee, Mr.
Tanner, Mr. Underwood, Mr. Talent, Mr. Mann, Mr. Kleczka, Mr.
Mazzoli, Mr. Hefner, Ms. Velazquez, Mr. Bliley, Mr. McHugh,
Mr. McNulty, Mr. Saxton, and Mr. Hoagland.
H.J. Res. 266: Mr. Barrett of Wisconsin.
H.J. Res. 276: Mr. Valentine, Mr. Bateman, Mr. Skeen, Mr.
Sisisky, Mr. Richardson, Mr. Lipinski, Mr. Bonior, Mr. Baker
of California, Mr. Lantos, Mr. McDermott, Ms. Cantwell, Mrs.
Meek of Florida, Mr. Fawell, Mr. Klug, Mr. Hefner, Mr. Stark,
Mr. Wynn, Mr. Olver, Mr. Rohrabacher, Mr. Bacchus of Florida,
Mr. Levy, Mr. Frost, Mr. Pastor, Ms. Norton, Mr. Payne of New
Jersey, Mr. Walsh, Mr. Gonzalez, Mr. Callahan, Mr. Evans, and
Mr. Frank of Massachusetts.
H.J. Res. 286: Mr. Andrews of Maine, Mr. Bacchus of
Florida, Mr. Bishop, Mr. Browder, Mr. Cox, Mr. de Lugo, Mr.
Filner, Mr. Fingerhut, Mr. Fish, Mr. Ford of Michigan, Mr.
Gonzalez, Mr. Hastings, Mrs. Kennelly, Mr. Kildee, Mr. Lewis
of California, Mr. Lewis of Florida, Ms. Long, Mrs. Maloney,
Mr. Mineta, Mr. Pallone, Mr. Sarpalius, Mr. Sisisky, Mr.
Sundquist, Mr. Tejeda, Mr. Torkildsen, Mr. Traficant, and
Mrs. Unsoeld.
H.J. Res. 297: Mr. Gene Green of Texas, Mr. Frost, Mr.
Walsh, Mr. Owens, Mr. Evans, and Mr. Hefner.
H.J. Res. 302: Mr. Wyden, Mr. Kopetski, Mr. Hamburg, Mr.
Quinn, Mr. Boehlert, Mrs. Thurman, Mr. Matsui, Mr. Yates, Mr.
Porter, Mr. Neal of Massachusetts, Mr. Frank of
Massachusetts, Ms. Shepherd, and Mr. Kleczka.
H.J. Res. 303: Mr. Hansen, Mr. Andrews of Texas, Mrs.
Maloney, Mr. Swift, Mr. Beilenson, Mrs. Unsoeld, Mr. Meehan,
Mr. Deal, Ms. Kaptur, Mr. Franks of Connecticut, Mr. Mazzoli,
Mr. Gordon, Mr. Camp, Mr. Pickett, Mr. Upton, Mr. Carr, Mr.
Condit, Mr. Valentine, Mr. Miller of California, Mr. Price of
North Carolina, Mr. Gene Green of Texas, Mr. Shays, Mr.
Brooks, Mr. Hall of Ohio, Mr. Darden, Mr. Gonzalez, Mr.
Saxton, Mr. LaRocco, Mr. Doolittle, Mr. Chapman, Mr. Murphy,
Mr. Hutchinson, and Mr. Reynolds.
H.J. Res. 305: Mr. Johnson of South Dakota, Mr. Vento, Ms.
Waters, Mr. Pete Geren of Texas, Mr. Hoyer, Mr. Klug, Mr.
Ford of Tennessee, Mr. Murphy, Mr. Berman, Mr. Dellums, Mr.
Applegate, and Mr. Reed.
H.J. Res. 315: Mr. Ackerman, Mr. Andrews of New Jersey, Mr.
Applegate, Mr. Archer, Mr. Bacchus of Florida, Mr. Bateman,
Mrs. Bentley, Mr. Bevill, Mr. Bilbray, Mr. Bilirakis, Mr.
Bishop, Mr. Bliley, Mr. Boehlert, Mr. Bonior, Mr. Borski, Mr.
Brewster, Ms. Brown of Florida, Mr. Brown of California, Mr.
Burton of Indiana, Mr. Buyer, Ms. Byrne, Mr. Cardin, Mr.
Castle, Mr. Chapman, Mr. Clay, Mr. Clyburn, Mr. Coble, Ms.
Collins of Michigan, Mrs. Collins of Illinois, Mr. Cooper,
Mr. Coyne, Mr. Cramer, Ms. DeLauro, Mr. Dellums, Mr. Dingell,
Mr. Dixon, Mr. Dornan, Mr. Faleomavaega, Mr. Fields of Texas,
Mr. Fish, Mr. Ford of Tennessee, Mr. Frost, Mr. Gilman, Mr.
Hamilton, Mr. Hilliard, Mr. Hochbrueckner, Mr. Horn, Mr.
Hughes, Mr. Hutto, Mr. Jacobs, Mr. Johnson of Georgia, Mr.
Klein, Mr. LaRocco, Mr. Lewis of Florida, Mr. Levy, Mr.
Livingston, Mr. McCollum, Mrs. Meek of Florida, Mr. Miller of
Florida, Mr. Montgomery, Mrs. Morella, Mr. Pastor, Mr.
Poshard, Mr. Rangel, Mr. Regula, Mr. Sangmeister, Mr. Sharp,
Mr. Smith of Iowa, Mr. Solomon, Mr. Stokes, Mr. Stump, Mr.
Sundquist, Mr. Thomas of Wyoming, Mrs. Thurman, Mr.
Torkildsen, Mr. Towns, Mr. Walsh, Mr. Wilson, Mr. Wolf, and
Mr. Young of Alaska.
H.J. Res. 320: Mr. Shays, Mr. Skelton, Mr. Schumer, Mr.
Filner, Mr. Sisisky, Mr. Wolf, Mr. Walsh, Mr. Wilson, Mr.
Montgomery, and Mr. Hefner.
H.J. Res. 326: Mr. Mineta.
H.J. Res. 327: Mr. Boehner, Mr. Dellums, Mr. Hansen, Mr.
Johnson of South Dakota, Mr. Martinez, Mr. Peterson of
Florida, Ms. Slaughter, Mr. Sawyer, Mr. Towns, Mr. Waxman,
Mr. Wynn, Mr. Yates, and Mr. Quillen.
H.J. Res. 334: Mr. Applegate, Mr. Barrett of Wisconsin, Mr.
Bilbray, Mr. Bonior, Mr. Calvert, Mr. Dixon, Mr. Engel, Mr.
Filner, Mr. Frost, Mr. Gutierrez, Mr. Hall of Ohio, Ms. Eddie
Bernice Johnson of Texas, Mr. Kasich, Mr. Klein, Mr.
Kreidler, Mr. Lantos, Mr. Levy, Mr. Lewis of Georgia, Mr.
Lipinski, Mr. Martinez, Mr. McDermott, Mr. Moakley, Mrs.
Morella, Ms. Norton, Mr. Payne of New Jersey, Ms. Pelosi, Mr.
Towns, and Mr. Walsh.
H.J. Res. 335: Mr. Hughes, Mrs. Roukema, Mr. Ackerman, Mr.
Dellums, Mr. Engel, Mr. Bateman, Mr. Washington, Mr. Schiff,
Mr. Serrano, Mr. Klein, Mr. Gilman, Mr. Hoke, Mrs. Meek of
Florida, Mr. Frost, Mr. Barrett of Wisconsin, Mr. Thomas
of Wyoming, Mr. Herger, Mr. Gunderson, Mr. Smith of New
Jersey, Mr. Ravenel, Mr. McCrery, Mr. Oxley, Mr. Duncan, Mr.
Knollenberg, Mr. Shaw, Mr. Paxon, Mr. Durbin, Mr. Levy, Mr.
Rohrabacher, Mr. Inhofe, and Mr. Blute.
H.J. Res. 338: Mr. McNulty, Mr. Hutchinson, Mr. Mann, Mr.
Moorhead, Mr. Shays, Mr. Crapo, Mr. Skeen, Mr. Wise, Mr.
Slattery, Mr. Clement, Mr. Spratt, Mr. Weldon, and Mr.
Martinez.
H.J. Res. 342: Mr. Sawyer, Mr. Mann, Mr. Smith of Texas,
Mr. Oxley, Mr. Holden, Mr. Romero-Barcelo, Mr. Shays, Mr.
Dellums, Mr. Skeen, Mr. Stump, and Mr. McCollum.
H. Con. Res. 127: Mr. Sabo, Mr. Dornan, Mr. Gunderson, and
Mrs. Lowry.
H. Con. Res. 147: Mr. Kildee and Mr. Fields of Louisiana.
H. Con. Res. 166: Mr. Kyl, Mr. Zeliff, and Ms. Brown of
Florida.
H. Con. Res. 186: Ms. Furse.
H. Con. Res. 188: Mr. Markey, Mr. Gilman, Mr. Oberstar, Mr.
Washington, Mr. Fazio, Mr. Beilenson, Ms. Eshoo, Mr. Roybal-
Allard, Mr. Fingerhut, Mr. Meehan, Mr. Hinchey, Mr.
Abercrombie, Mr. Dixon, Mr. Deal, Mr. Price of North
Carolina, Mr. Hamilton, Ms. Velazquez, Mr. Wheat, Mr.
Peterson of Minnesota, Mr. Vento, Mr. Berman, Mr. Miller of
California, Mr. Filner, Mr. Coppersmith, Mr. Jacobs, Mr.
Stark, Mr. Engel, Mr. McNulty, Mr. Matsui, Mr. Martinez, and
Mr. Blackwell.
H. Con. Res. 195: Mrs. Thurman.
H. Con. Res. 227: Mr. Kingston and Mr. Crane.
H. Res. 165: Mr. Bereuter.
H. Res. 191: Mr. Hutchinson.
H. Res. 247: Mr. Hayes.
H. Res. 255: Mr. Emerson and Mr. Mazzoli.
H. Res. 270: Mr. Gilchrest and Mr. Porter.
H. Res. 329: Mr. Frost, Mr. Walsh, Mr. Lipinski, Mr. Dixon,
Ms. Eshoo, Ms. DeLauro, Mr. McCloskey, Mr. Faleomavaega, Mr.
Meehan, Mr. Jefferson, Mr. Nadler, Mr. Wilson, Mr. Boehlert,
Mr. Studds, Mr. Dellums, Mr. Bilbray, Mr. Bishop, Mr.
Blackwell, Mr. Neal of Massachusetts, Mr. de Lugo, Mr. Evans,
Mr. Hamilton, Mr. Hastings, Ms. Lowey, Mrs. Lloyd, Mr. Brown
of Ohio, Mr. Cardin, Mr. Hamburg, Mr. Clement, Mr. Coleman,
Ms. Brown of Florida, Mr. Neal of North Carolina, Mr. Parker,
Mr. Payne of New Jersey, Mr. Poshard, Mr. Gene Green of
Texas, Mr. LaFalce, Mr. Rangel, Mr. Hilliard, Ms. Norton, Mr.
Pickle, Mr. Manton, Mr. Conyers, Mr. Olver, Mr. Coyne, Mr.
Synar, Mr. Slattery, Mr. Hoyer, Mr. Rahall, Mr. Murphy, Mr.
Swift, Mr. Foglietta, Mr. Abercrombie, Mr. Sabo, Mr. King,
Mr. Filner, Mr. Pastor, Mr. Torkildsen, Mr. McDermott, Ms.
Furse, Mr. Owens, Mr. Kennedy, Mr. Sawyer, Mr. Kopetski, Mr.
Markey, Mr. Hochbrueckner, Mr. Montgomery, Mr. Sisisky, Mr.
Fields of Louisiana, Mr. Torres, Mr. Kleczka, Mr. Romero-
Barcelo, Mr. Traficant, Mr. Thornton, Mr. Hutto, Mr.
Gonzalez, Mr. Bacchus of Florida, Mr. Hughes, Mrs. Maloney,
Mr. Bryant, Ms. Pelosi, Ms. Byrne, and Mr. Holden.
H. Res. 362: Mr. Zeliff.
H. Res. 381: Mr. Bartlett of Maryland, Mr. Weldon, Mr.
Rohrabacher, and Mr. Sensenbrenner.
H. Res. 390: Mr. Penny.
.
WEDNESDAY, APRIL 13, 1994 (32)
The House was called to order by the SPEAKER.
Para. 32.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of
[[Page 602]]
the proceedings of Tuesday, April 12, 1994.
Mr. DERRICK, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Mr. DERRICK objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
261
When there appeared
<3-line {>
Nays
153
Para. 32.2 [Roll No. 98]
YEAS--261
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gillmor
Gilman
Gonzalez
Gordon
Green
Greenwood
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Houghton
Hoyer
Hughes
Hutto
Hyde
Inglis
Inslee
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCrery
McCurdy
McDermott
McHale
McInnis
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Myers
Nadler
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Schenk
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Tejeda
Thomas (WY)
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Wise
Woolsey
Wyden
Wynn
Yates
Young (AK)
NAYS--153
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clay
Coble
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gingrich
Goodlatte
Goodling
Goss
Grams
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Huffington
Hunter
Hutchinson
Inhofe
Istook
Jacobs
Johnson, Sam
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kreidler
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Machtley
Manzullo
McCandless
McCollum
McDade
McKeon
Meyers
Mica
Molinari
Moorhead
Morella
Murphy
Nussle
Oxley
Packard
Paxon
Petri
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Saxton
Schaefer
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (FL)
Zeliff
Zimmer
NOT VOTING--18
Bacchus (FL)
Blackwell
Brown (CA)
Danner
Fish
Flake
Gallo
Glickman
Grandy
McHugh
McMillan
Michel
Neal (NC)
Roukema
Smith (OR)
Washington
Williams
Wilson
So the Journal was approved.
Para. 32.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2928. A letter from the Deputy Assistant Secretary
(Communications, Computers and Support Systems), Department
of the Air Force, transmitting notice that the Air Force has
conducted a cost comparison of grounds maintenance functions
at Ellsworth Air Force Base, pursuant to 10 U.S.C. 2304 note;
to the Committee on Armed Services.
2929. A letter from the Deputy Assistant Secretary
(Communications, Computers and Support Systems), Department
of the Air Force, transmitting notice that the Air Force has
conducted a cost comparison of the military family housing
maintenance functions at Langley Air Force Base, pursuant to
10 U.S.C. 2461; to the Committee on Armed Services.
2930. A letter from the Director, Test and Evaluation,
Department of Defense, transmitting summaries outlining two
test projects recommended for fiscal year 1994 funding,
pursuant to 10 U.S.C. 2350a(g); to the Committee on Armed
Services.
2931. A letter from the Principal Deputy Under Secretary
(Acquisition and Technology), Department of Defense,
transmitting the annual report detailing test and evaluation
activities of the Foreign Comparative Testing [FCT] Program
during fiscal year 1993, pursuant to 10 U.S.C. 2350a(g); to
the Committee on Armed Services.
2932. A letter from the Principal Deputy Assistant
Secretary, Department of Defense, transmitting a report
entitled ``Adequacy of the United States Shipbuilding
Industry,'' pursuant to Public Law 102-484, section 1031(e)
(106 Stat. 2489); to the Committee on Armed Services.
2933. A letter from the Comptroller of the Currency,
Department of the Treasury, transmitting the annual report on
enforcement actions for the period of January 1, 1993,
through December 31, 1993, pursuant to 12 U.S.C. 1833; to the
Committee on Banking, Finance and Urban Affairs.
2934. A letter from the Acting Director, Office of Thrift
Supervision, transmitting the Office of Thrift Supervision's
1993 annual report to Congress on the preservation of
minority savings associations, pursuant to Public Law 101-73,
section 301 (103 Stat. 279); to the Committee on Banking,
Finance and Urban Affairs.
2935. A letter from the Chairperson, Public and Assisted
Housing Occupancy Task Force, transmitting the Task Force's
report and recommendations, pursuant to Public Law 102-550,
section 643(a)(7) (106 Stat. 3822); to the Committee on
Banking, Finance and Urban Affairs.
2936. A letter from the Secretary, Department of Labor,
transmitting a report covering the administration of the
Employee Retirement Income Security Act [ERISA] during
calendar year 1992, pursuant to 29 U.S.C. 1143(b); to the
Committee on Education and Labor.
2937. A letter from the Director, Defense Security
Assistance Agency, transmitting notification of the
Department of the Navy's proposed Letter(s) of Offer and
Acceptance [LOA] to Egypt for defense articles and services
(Transmittal No. 94-23), pursuant to 22 U.S.C. 2776(b); to
the Committee on Foreign Affairs.
2938. A letter from the Director, Defense Security
Assistance Agency, transmitting notification of the
Department of the Air Force's proposed Letter(s) of Offer and
Acceptance [LOA] to Israel for defense articles and services
(Transmittal No. 94-24), pursuant to 22 U.S.C. 2776(b); to
the Committee on Foreign Affairs.
2939. A communication from the President of the United
States; transmitting notification of the use of United States
combat-equipped aircraft on April 10-11 to provide protection
for United Nation personnel who came under attack in Gorazde,
Bosnia and Herzegovina (H. Doc. No. 103-235); to the
Committee on Foreign Affairs and ordered to be printed.
2940. A communication from the President of the United
States, transmitting notification of the noncombatant
evacuation operations of United States citizens and
designated third-country nationals in Rwanda (H. Doc. No.
103-237); to the Committee on Foreign Affairs and ordered to
be printed.
2941. A letter from the Chairman, Pennsylvania Avenue
Development Corporation, transmitting the results of the
audit of the financial statements of the Pennsylvania Av-
[[Page 603]]
enue Development Corporation for the fiscal year 1993,
pursuant to Public Law 101-576, section 305 (104 Stat. 2853);
to the Committee on Government Operations.
2942. A letter from the Vice President, Human Resources and
Planning, Farm Credit Bank of Spokane, transmitting the 12th
District Farm Credit Retirement Plan and Thrift Plan for the
years ended December 31, 1991, and December 31, 1992,
pursuant to 31 U.S.C. 9503(a)(1)(B); to the Committee on
Government Operations.
2943. A letter from the Chairman, Federal Mine Safety and
Health Review Commission, transmitting a report of activities
under the Freedom of Information Act for calendar year 1993,
pursuant to 5 U.S.C. 552(d); to the Committee on Government
Operations.
2944. A letter from the Executive Director, Marine Mammal
Commission, transmitting the annual report on the activities
of the inspector general for fiscal year 1993, pursuant to
Public Law 95-452, section 5(b) (102 Stat. 2526); to the
Committee on Government Operations.
2945. A letter from the Executive Director, Marine Mammal
Commission, transmitting the annual report under the Federal
Managers' Financial Integrity Act for fiscal year 1993,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Operations.
2946. A letter from the Secretary of Housing and Urban
Development, transmitting a copy of the Government National
Mortgage Association [GNMA] management report for the fiscal
year ended September 30, 1993, pursuant to Public Law 101-
576, section 306(a) (104 Stat. 2854); to the Committee on
Government Operations.
2947. A letter from the Chairman, Federal Election
Commission, transmitting proposed regulations governing
special fundraising projects and other use of candidate names
by unauthorized committees, pursuant to 2 U.S.C. 438(d); to
the Committee on House Administration.
2948. A letter from the Deputy Associate Director for
Collection and Disbursement, Department of the Interior,
transmitting notice of proposed refunds of excess royalty
payments in OCS areas, pursuant to 43 U.S.C. 1339(b); to the
Committee on Natural Resources.
2949. A letter from the Secretary of the Interior,
transmitting a report on the Government's helium program
providing operating statistical and financial information for
the fiscal year 1993, pursuant to 50 U.S.C. 167n; to the
Committee on Natural Resources.
2950. A letter from the Secretary of Agriculture,
transmitting a draft of proposed legislation to designate a
segment of the Nolichucky River in the States of North
Carolina and Tennessee as a component of the National Wild
and Scenic Rivers System; to the Committee on Natural
Resources.
2951. A letter from the Secretary of Agriculture,
transmitting a draft of proposed legislation to designate a
segment of the Little Bighorn River in the State of Wyoming
as a component of the National Wild and Scenic Rivers System;
to the Committee on Natural Resources.
2952. A letter from the Attorney General of the United
States, transmitting the annual report on the operations of
the private counsel debt collection project for fiscal year
1993, pursuant to 31 U.S.C. 3718(c); to the Committee on the
Judiciary.
2953. A letter from the Secretary, Federal Trade
Commission, transmitting the Commission's 15th annual report
to Congress pursuant to section 201 of the Hart-Scott-Rodino
Antitrust Improvements Act of 1976 (Fiscal Year 1992),
pursuant to 15 U.S.C. 18a(j); to the Committee on the
Judiciary.
2954. A communication from the President of the United
States, transmitting an update of the situation concerning
activities of the People's Republic of China [PRC] and Taiwan
in illegal trade of rhinoceros and tiger parts and products,
pursuant to 22 U.S.C. 1978(b) (H. Doc. No. 103-236); to the
Committee on Merchant Marine and Fisheries and ordered to be
printed.
2955. A letter from the Administrator, National Oceanic and
Atmospheric Administration, transmitting the biennial report
of the Office of Ocean and Coastal Resource Management,
National Ocean Service, National Oceanic and Atmospheric
Administration for fiscal year 1992 and 1993, pursuant to 16
U.S.C. 1462; to the Committee on Merchant Marine and
Fisheries.
2956. A letter from the Chairman, Federal Maritime
Commission, transmitting the Commission's annual report for
the fiscal year 1993, pursuant to 46 U.S.C. app. 1118; to the
Committee on Merchant Marine and Fisheries.
2957. A letter from the Inspector General, Services
Administration, transmitting a report entitled, ``Audit of
the Thomas Jefferson Commemoration Commission''; to the
Committee on Post Office and Civil Service.
2958. A letter from the Chairman, Merit Systems Protection
Board, transmitting a report entitled ``Entering Professional
Positions in the Federal Government,'' pursuant to 5 U.S.C.
1205(a)(3); to the Committee on Post Office and Civil
Service.
2959. A letter from the Administrator, General Services
Administration, transmitting an informational copy of the
construction prospectus for a Federal Building, the U.S.
courthouse in Phoenix, AZ, pursuant to 40 U.S.C. 606(a); to
the Committee on Public Works and Transportation.
2960. A letter from the Director, National Science
Foundation, transmitting a statistical report, ``Federal
Support to Universities, Colleges, and Nonprofit
Institutions, Fiscal Year 1991,'' pursuant to 42 U.S.C.
1862(a)(7); to the Committee on Science, Space, and
Technology.
2961. A letter from the Secretary, Department of Veterans
Affairs, transmitting a report covering the disposition of
cases granted relief from administrative error, overpayment,
and forfeiture by the Administrator in 1993, pursuant to 38
U.S.C. 210(c)(3)(B); to the Committee on Veterans' Affairs.
2962. A letter from the Secretary, Department of Energy,
transmitting the management plan for the Demonstration and
Commercial Application of Renewable Energy and Energy
Efficiency Technologies Program, pursuant to 42 U.S.C. 12006;
jointly, to the Committees on Energy and Commerce and
Science, Space, and Technology.
2963. A letter from the Secretary of Energy, transmitting
notification that the report pursuant to 42 U.S.C. 6276(d)
will be delivered by September 30, 1994; jointly, to the
Committees on Energy and Commerce and Foreign Affairs.
2964. A letter from the Secretary, Department of
Transportation, transmitting a report entitled, ``Report to
Congress on Low-Level Radioactive Waste Transportation,''
pursuant to Public Law 101-641, section 8 (104 Stat. 4657);
jointly, to the Committees on Public Works and Transportation
and Energy and Commerce.
2965. A letter from the Secretary of Health and Human
Services, transmitting a report entitled, ``Study on
Reimbursement Rates to Pharmacists,'' pursuant to Public Law
101-508, section 4401(d)(4) (104 Stat. 1388-161); jointly, to
the Committees on Ways and Means and Energy and Commerce.
Para. 32.4 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed with amendments in which the concurrence of
the House is requested, bills of the House of the following titles:
H.R. 1134. An Act to provide for the transfer of certain
public lands located in Clear Creek County, Colorado, to the
United States Forest Service, the State of Colorado, and
certain local governments in the State of Colorado, and for
other purposes.
H.R. 2947. An Act to amend the Commemorative Works Act, and
for other purposes.
The message also announced that the Senate had passed bills of the
following titles, in which the concurrence of the House is requested:
S. 859. An Act to reduce the restrictions on lands conveyed
by deed under the Act of June 8, 1926.
S. 1586. An Act to establish the New Orleans Jazz National
Historical Park in the State of Louisiana; and for other
purposes.
The message also announced that the Senate disagreed to the
amendments of the House to the bill (S. 636) ``An Act to amend the
Public Health Service Act to permit individuals to have freedom of
access to certain medical clinics and facilities, and for other
purposes,'' and agreed to the conference asked by the House on the
disagreeing votes of the two Houses thereon, and appointed Mr. Kennedy,
Mr. Pell, Mr. Metzenbaum, Mr. Simon, Ms. Mikulski, Mrs. Kassebaum, Mr.
Jeffords, Mr. Coats, and Mr. Hatch, to be the conferees on the part of
the Senate.
Para. 32.5 h.r. 3770--unfinished business
The SPEAKER pro tempore, Mr. KLEIN, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and pass the bill (H.R. 3770) to designate the United States courthouse
located at 940 Front Street in San Diego, California, and the Federal
building attached to the courthouse as the ''Edward J. Schwartz
Courthouse and Federal Building''.
The question being put,
Will the House suspend the rules and pass said bill?
The vote was taken by electronic device.
It was decided in the
Yeas
417
<3-line {>
affirmative
Nays
1
Para. 32.6 [Roll No. 99]
YEAS--417
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
[[Page 604]]
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--1
McInnis
NOT VOTING--14
Bacchus (FL)
Blackwell
Fish
Flake
Gallo
Grandy
Hunter
Johnson, Sam
McCloskey
Peterson (FL)
Roukema
Skelton
Smith (OR)
Washington
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 32.7 h.r. 3498--unfinished business
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 3498) to establish the Great Falls
Historic District, and for other purposes; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
288
<3-line {>
affirmative
Nays
130
Para. 32.8 [Roll No. 100]
YEAS--288
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Baesler
Baker (LA)
Barcia
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Calvert
Camp
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Gordon
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Holden
Horn
Houghton
Hoyer
Hughes
Hutto
Hyde
Inslee
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Lewis (CA)
Lewis (GA)
Lightfoot
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Quillen
Quinn
Rahall
Rangel
Reed
Regula
Reynolds
Richardson
Ridge
Roemer
Rogers
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Sisisky
Skaggs
Skeen
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Talent
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Zimmer
NAYS--130
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Ballenger
Barca
Barrett (NE)
Bartlett
Barton
Bentley
Bereuter
Bilirakis
Bliley
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Condit
Cox
Crane
Crapo
Cunningham
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Everett
Ewing
Fawell
Fields (TX)
Fowler
Gallegly
Gekas
Gilchrest
Goodlatte
Goodling
Goss
Grams
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hoekstra
Hoke
Huffington
Hunter
Hutchinson
Inglis
Inhofe
Istook
Jacobs
Kasich
Kim
King
Kingston
Klug
Knollenberg
Levy
Lewis (FL)
Linder
Livingston
Machtley
Manzullo
McCandless
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Moorhead
Nussle
Oxley
Packard
Paxon
Penny
Peterson (MN)
Petri
Pombo
Porter
Portman
Pryce (OH)
Ramstad
Ravenel
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Schaefer
Schroeder
Sensenbrenner
Shaw
Shuster
Smith (MI)
Smith (TX)
Snowe
[[Page 605]]
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Vucanovich
Walker
Young (FL)
Zeliff
NOT VOTING--14
Bacchus (FL)
Blackwell
Fish
Flake
Gallo
Grandy
Johnson, Sam
Kaptur
McCloskey
Peterson (FL)
Roukema
Skelton
Smith (OR)
Washington
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 32.9 h.r. 2843--unfinished business
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 2843) to establish the Wheeling
National Heritage Area in the State of West Virginia, and for other
purposes; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
264
<3-line {>
negative
Nays
154
Para. 32.10 [Roll No. 101]
YEAS--264
Abercrombie
Ackerman
Andrews (NJ)
Andrews (TX)
Applegate
Baesler
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blute
Boehlert
Bonior
Borski
Boucher
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Byrne
Callahan
Camp
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Durbin
Edwards (CA)
Edwards (TX)
Emerson
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilman
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Hansen
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Houghton
Hoyer
Hughes
Hyde
Inslee
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kolbe
Kopetski
Kreidler
LaFalce
Lancaster
Lantos
LaRocco
Laughlin
Leach
Lehman
Levin
Lewis (GA)
Lightfoot
Lipinski
Livingston
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDade
McDermott
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Oberstar
Olver
Ortiz
Orton
Owens
Packard
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Quillen
Quinn
Rahall
Rangel
Reed
Regula
Reynolds
Richardson
Roemer
Rogers
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Slaughter
Smith (IA)
Smith (NJ)
Spence
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Sundquist
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
NAYS--154
Allard
Andrews (ME)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barca
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Boehner
Bonilla
Brewster
Burton
Buyer
Calvert
Canady
Castle
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hancock
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Holden
Horn
Huffington
Hunter
Hutchinson
Hutto
Inglis
Inhofe
Istook
Jacobs
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kyl
Lambert
Lazio
Levy
Lewis (CA)
Lewis (FL)
Linder
Machtley
Manzullo
McCandless
McCollum
McCrery
McCurdy
McHale
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Moorhead
Morella
Nussle
Oxley
Paxon
Penny
Peterson (MN)
Petri
Pombo
Porter
Portman
Pryce (OH)
Ramstad
Ravenel
Ridge
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Rowland
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Slattery
Smith (MI)
Smith (TX)
Snowe
Solomon
Stearns
Stenholm
Stump
Swett
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Walker
Weldon
Young (FL)
Zeliff
Zimmer
NOT VOTING--14
Bacchus (FL)
Blackwell
Condit
Fish
Gallo
Grandy
Johnson, Sam
Obey
Peterson (FL)
Roukema
Skelton
Smith (OR)
Swift
Washington
So, two-thirds of the Members present having not voted in favor
thereof, the rules were not suspended and said bill, as amended, was not
passed.
Para. 32.11 s. 2004--unfinished business
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill of the Senate (S. 2004) to extend until July
1, 1998, the exemption from eligibility based on a high default rate for
certain institutions of higher education.
The question being put,
Will the House suspend the rules and pass said bill?
The vote was taken by electronic device.
It was decided in the
Yeas
283
<3-line {>
affirmative
Nays
136
Para. 32.12 [Roll No. 102]
YEAS--283
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Camp
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Cooper
Coppersmith
Coyne
Cramer
Darden
de la Garza
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Duncan
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gejdenson
Gekas
Gephardt
Gibbons
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Gordon
Green
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Horn
Houghton
Hoyer
Huffington
Hughes
Inglis
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Lewis (GA)
Lightfoot
Linder
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDade
McDermott
McHugh
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Mica
Miller (CA)
Mineta
Minge
Mink
Moakley
Molinari
[[Page 606]]
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Pickett
Pickle
Pomeroy
Price (NC)
Quillen
Quinn
Rahall
Rangel
Reed
Regula
Reynolds
Richardson
Ridge
Roemer
Ros-Lehtinen
Rose
Rostenkowski
Roybal-Allard
Royce
Rush
Sabo
Sanders
Santorum
Sawyer
Schenk
Schiff
Schroeder
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skeen
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Solomon
Spence
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Sundquist
Swift
Synar
Talent
Tanner
Tauzin
Taylor (NC)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Velazquez
Vento
Visclosky
Volkmer
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Young (FL)
NAYS--136
Allard
Applegate
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bentley
Bereuter
Blute
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Condit
Costello
Cox
Crane
Crapo
Cunningham
Danner
Deal
DeLay
Dooley
Doolittle
Dornan
Dreier
Dunn
Emerson
Everett
Ewing
Fawell
Fields (TX)
Gallegly
Geren
Gilchrest
Goodlatte
Goodling
Goss
Grams
Greenwood
Hancock
Hansen
Hastert
Hefley
Herger
Hoke
Holden
Hunter
Hutchinson
Hutto
Hyde
Inhofe
Istook
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Levy
Lewis (CA)
Lewis (FL)
Lipinski
Livingston
Manzullo
McCandless
McCollum
McCrery
McHale
McInnis
McKeon
McMillan
Meyers
Michel
Miller (FL)
Moorhead
Morella
Myers
Nussle
Orton
Oxley
Packard
Paxon
Penny
Peterson (MN)
Petri
Pombo
Porter
Portman
Poshard
Pryce (OH)
Ramstad
Ravenel
Roberts
Rogers
Rohrabacher
Roth
Rowland
Sangmeister
Sarpalius
Saxton
Schaefer
Sensenbrenner
Shaw
Shays
Shuster
Smith (MI)
Smith (TX)
Stearns
Stenholm
Stump
Swett
Taylor (MS)
Thomas (CA)
Thomas (WY)
Torkildsen
Valentine
Vucanovich
Wolf
Young (AK)
Zeliff
Zimmer
NOT VOTING--13
Bacchus (FL)
Blackwell
Fish
Foglietta
Gallo
Grandy
Johnson, Sam
Peterson (FL)
Roukema
Schumer
Skelton
Smith (OR)
Washington
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 32.13 providing for the further consideration of h.r. 4092
Mr. DERRICK, by direction of the Committee on Rules, called up the
following resolution (H. Res. 401):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for further
consideration of the bill (H.R. 4092) to control and prevent
crime. No further general debate shall be in order. The bill
shall be considered for amendment under the five-minute rule
and shall be considered as read. Except as provided in
section 2 of this resolution, no amendment shall be in order
except those printed in the report of the Committee on Rules
accompanying this resolution. Each amendment printed in the
report may be offered only in the order printed, may be
offered only by a Member designated in the report, shall be
considered as read, shall be debatable for the time specified
in the report equally divided and controlled by the proponent
and an opponent, shall not be subject to amendment except as
specified in the report, and shall not be subject to a demand
for division of the question in the House or in the Committee
of the Whole. All points of order against the amendments
printed in the report are waived. If more than one of the
following amendments printed in part 1 of the report relating
to habeas corpus is adopted, only the last to be adopted
shall be considered as finally adopted and reported to the
House: by Representative Hyde of Illinois; and by
Representative Derrick of South Carolina.
Sec. 2. It shall be in order at any time for the chairman
of the Committee on the Judiciary or his designee to offer
amendments en bloc consisting of amendments printed in part 2
of the report of the Committee on Rules or germane
modifications of any such amendment. Amendments en bloc
offered pursuant to this section shall be considered as read
(except that modifications shall be reported), shall be
debatable for 10 minutes equally divided and controlled by
the chairman and ranking minority member of the Committee on
the Judiciary, shall not be subject to amendment, and shall
not be subject to a demand for division of the question in
the House or in the Committee of the Whole. For the purpose
of inclusion in such amendments en bloc, an amendment printed
in the form of a motion to strike may be modified to the form
of a germane perfecting amendment to the text originally
proposed to be stricken. All points of order against such
amendments en bloc are waived. The original proponent of an
amendment included in such amendments en bloc may insert a
statement in the Congressional Record immediately before the
disposition of the amendments en bloc.
Sec. 3. The chairman of the Committee of the Whole may
postpone until a time during further consideration in the
Committee of the Whole a request for a recorded vote on any
amendment made in order by this resolution. The chairman of
the Committee of the Whole may reduce to not less than five
minutes the time for voting by electronic device on any
postponed question that immediately follows another vote by
electronic device without intervening business, provided that
the time for voting by electronic device on the first in any
series of questions shall be not less than 15 minutes.
Sec. 4. At the conclusion of consideration of the bill for
amendment the Committee shall rise and report the bill to the
House with such amendments as may have been finally adopted.
The previous question shall be considered as ordered on the
bill and amendments thereto to final passage without
intervening motion except one motion to recommit.
Sec. 5. After passage of H.R. 4092, it shall be in order to
take from the Speaker's table the bill H.R. 3355, with a
Senate amendment thereto, and to consider the Senate
amendment in the House. It shall be in order to move to
concur in the Senate amendment with an amendment inserting
the text of H.R. 4092 as passed by the House in lieu of the
matter proposed to be inserted by the Senate. All points of
order against that motion are waived. If the motion is
adopted, then it shall be in order to move that the House
insist on its amendments to the Senate amendment to H.R. 3355
and request a conference with the Senate thereon.
When said resolution was considered.
After debate,
On motion of Mr. DERRICK, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that the yeas had
it.
Mr. GOSS objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
244
When there appeared
<3-line {>
Nays
176
Para. 32.14 [Roll No. 103]
YEAS--244
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
[[Page 607]]
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Washington
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--176
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Collins (IL)
Combest
Cooper
Cox
Crane
Crapo
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Machtley
Manzullo
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Orton
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--12
Andrews (NJ)
Bacchus (FL)
Blackwell
Fish
Gallo
Grandy
McCandless
McCurdy
Roukema
Smith (OR)
Tanner
Wilson
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 32.15 hour of meeting
On motion of Mr. DERRICK, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 10
o'clock a.m. on Thursday, April 14, 1994.
Para. 32.16 subpoena
The SPEAKER pro tempore, Mr. MONTGOMERY, laid before the House a
communication, which was read as follows:
Hon. Thomas S. Foley,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to inform you, pursuant to Rule L
(50) of the Rules of the House, that I was served with a
subpoena issued by the United States District Court for the
District of South Carolina.
After consultation with the General Counsel, it was
determined that compliance was consistent with the privileges
and precedents of the House.
Sincerely,
James H. Bilbray,
Member of Congress.
Para. 32.17 child safety protection
On motion of Mrs. COLLINS of Illinois, by unanimous consent, the bill
(H.R. 965) to provide for toy safety, and for other purposes; together
with the amendment of the House to the amendment of the Senate thereto,
was taken from the Speaker's table.
When on motion of Mrs. COLLINS of Illinois, it was,
Resolved, That the House insist upon its amendment to the amendment of
the Senate and agree to the conference asked by the Senate on the
disagreeing votes of the two Houses thereon.
Thereupon, the SPEAKER pro tempore, Mr. MONTGOMERY, by unanimous
consent, announced the appointment of the following Members as managers
on the part of the House at said conference:
From the Committee on Energy and Commerce, for consideration of the
House bill, and the Senate amendment, and modifications committed to
conference: Mr. Dingell, Mrs. Collins of Illinois, and Messrs. Towns,
Moorhead, and Stearns.
As additional conferees from the Committee on Public Works and
Transportation, for consideration of sections 201-03, 205 and 206 of the
Senate amendment, and modifications committed to conference: Messrs.
Mineta, Oberstar, Rahall, Shuster, and Petri.
Ordered, That the Clerk notify the Senate thereof.
Para. 32.18 organ and bone marrow transplantation
On motion of Mr. WAXMAN, by unanimous consent, the bill (H.R. 2659) to
amend the Public Health Service Act to revise and extend programs
relating to the transplantation of organs and of bone marrow; together
with the amendment of the Senate thereto, was taken from the Speaker's
table.
When on motion of Mr. WAXMAN, it was,
Resolved, That the House disagree to the amendment of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Thereupon, the SPEAKER pro tempore, Mr. MONTGOMERY, by unanimous
consent, announced the appointment of Messrs. Dingell, Waxman,
Washington, Moorhead, and Bliley as managers on the part of the House at
said conference.
Ordered, That the Clerk notify the Senate thereof.
Para. 32.19 senate bills referred
Bills of the Senate of the following titles were taken from the
Speaker's table and, under the rule, referred as follows:
S. 859. An Act to reduce the restrictions on lands conveyed
by deed under the Act of June 8, 1926; to the Committee on
Natural Resources.
S. 1586. An Act to establish the New Orleans Jazz National
Historical Park in the State of Louisiana; and for other
purposes; to the Committee on Natural Resources.
Para. 32.20 senate enrolled bill signed
The SPEAKER announced his signature to an enrolled bill of the Senate
of the following title:
S. 1206. An Act to redesignate the Federal building located
at 380 Trapelo Road in Waltham, Massachusetts, as the
``Frederick C. Murphy Federal Center.''
Para. 32.21 leave of absence
By unanimous consent, leave of absence was granted to Mr. FISH, for
today and balance of the week.
And then,
Para. 32.22 adjournment
On motion of Mr. KINGSTON, pursuant to the special order heretofore
agreed to, at 6 o'clock and 13 minutes p.m., the House adjourned until
10 o'clock a.m. on Thursday, April 14, 1994.
Para. 32.23 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. BROWN of California: Committee on Science, Space, and
Technology. H.R. 3254. A bill to authorize appropriations for
the National Science Foundation, and for other purposes; with
an amendment (Rept. No. 103-475). Referred to the Committee
of the Whole House on the State of the Union.
Para. 32.24 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolu-
[[Page 608]]
tions were introduced and severally referred as follows:
By Mr. CONDIT:
H.R. 4182. A bill to require the transfer of air emission
credits attributable to the closure of a military
installation to the redevelopment authority established for
that installation; jointly, to the Committees on Armed
Services and Energy and Commerce.
By Ms. COLLINS of Michigan:
H.R. 4183. A bill to authorize the Secretary of Commerce to
make grants to State and local governments for infrastructure
projects in distressed areas, and for other purposes;
jointly, to the Committees on Public Works and Transportation
and Education and Labor.
H.R. 4184. A bill to amend the Job Training Partnership Act
to establish a public works and public service job training
program, and for other purposes; to the Committee on
Education and Labor.
H.R. 4185. A bill to establish a Federal Coordinating
Council on Community Safety and Empowerment to make grants
for projects to improve the health, education, and safety of
the residents of economically distressed communities; to the
Committee on Education and Labor.
H.R. 4186. A bill to provide demonstration grants to local
governmental agencies and community-based organizations for
mentor programs; to the Committee on Education and Labor.
H.R. 4187. A bill to amend part A of title IV of the Social
Security Act to strengthen and preserve families, enhance
foster care, and develop qualified child welfare personnel to
provide parent education; to the Committee on Ways and Means.
By Mr. BILIRAKIS (for himself, Ms. Pryce of Ohio, Mr.
Penny, Mr. Pickett, Mr. Frost, Mr. Hefner, Mr. King,
Mr. Sundquist, Mr. Boehner, Mr. Peterson of Florida,
and Mr. Reynolds):
H.R. 4188. A bill to amend section 1738A of title 28,
United States Code, relating to child custody determinations
and child support orders, to modify the requirements for
court jurisdiction; to the Committee on the Judiciary.
By Mr. CASTLE (for himself, Mr. Andrews of New Jersey,
Mr. Orton, Mr. Blute, and Mr. Quinn):
H.R. 4189. A bill to amend the Congressional Budget Act of
1974 to provide for budgeting for emergencies through the
establishment of a budget reserve account, and for other
purposes; jointly, to the Committees on Government Operations
and Rules.
By Mr. de LUGO:
H.R. 4190. A bill to designate the U.S. post office located
at 41-42 Norre Gade in Saint Thomas, VI, as the ``Alvaro de
Lugo United States Post Office''; to the Committee on Post
Office and Civil Service.
H.R. 4191. A bill to designate the U.S. post office located
at 9630 Estate Thomas in Saint Thomas, VI, as the ``Aubrey C.
Ottley United States Post Office''; to the Committee on Post
Office and Civil Service.
H.R. 4192. A bill to designate the U.S. post office located
at 100 Veterans Drive in Saint Thomas, VI, as the ``Arturo R.
Watlington, Sr. United States Post Office''; to the Committee
on Post Office and Civil Service.
H.R. 4193. A bill to designate the U.S. post office located
at 100 Vester Gade, in Cruz Bay, Saint John, VI, as the
``Ubaldina Simmons United States Post Office''; to the
Committee on Post Office and Civil Service.
H.R. 4194. A bill to designate the U.S. Post Office located
in the Tutu Park Mall in Saint Thomas, VI, as the ``Earle B.
Ottley United States Post Office''; to the Committee on Post
Office and Civil Service.
By Mr. DIAZ-BALLART (for himself, Ms. Roybal-Allard,
Mr. Becerra, Mr. Bonilla, Mr. de la Garza, Mr.
Gutierrez, Mr. de Lugo, Mr. Menendez, Mr. Ortiz, Mr.
Pastor, Mr. Richardson, Mr. Romero-Barcelo, Ms. Ros-
Lehtinen, Mr. Serrano, Mr. Tejeda, Mr. Torres, Mr.
Underwood, and Ms. Velazquez):
H.R. 4195. A bill to amend the Internal Revenue Code of
1986 to allow a credit to individuals who maintain a
household which includes an elderly low-income relative; to
the Committee on Ways and Means.
By Mr. DICKS (for himself, Mrs. Unsoeld, Mr. Swift, and
Mr. Inslee):
H.R. 4196. A bill to ensure that all timber-dependent
communities qualify for loans and grants from the Rural
Development Administration; to the Committee on Agriculture.
By Mr. DOOLITTLE:
H.R. 4197. A bill to deter and punish crime, and to protect
the rights of crime victims: jointly, to the Committees on
the Judiciary; Ways and Means; Education and Labor; Armed
Services; Science, Space, and Technology; and Government
Operations.
By Mr. EWING (for himself, Mr. Parker, Mr. Dornan, Mr.
Gilchrest, Mr. Rohrabacher, Mr. Knollenberg, Mr.
Lewis of Florida, Mr. Hastert, Mr. Walker, Mr.
Hutchinson, Mr. Solomon, Mr. Ramstad, Mr. Cunningham,
and Mr. Boehner):
H.R. 4198. A bill to amend the Balanced and Emergency
Deficit Control Act of 1985 to require that OMB and CBO
estimates for paygo purposes score increased revenues caused
by economic growth resulting from legislation implementing
any trade agreement; to the Committee on Government
Operations.
By Mr. FRANKS of New Jersey:
H.R. 4199. A bill to require that Federal prisoners obtain
a general equivalency degree before receiving credit toward
service of sentence; to the Committee on the Judiciary.
By Mr. GOODLATTE:
H.R. 4200. A bill to amend chapter 84 of title 5, United
States Code, to provide that annuities for Members of
Congress be computed under the same formula as applies to
Federal employees generally, and for other purposes; to the
Committee on Post Office and Civil Service.
By Mr. MARTINEZ:
H.R. 4201. A bill to amend the Internal Revenue Code of
1986 to provide incentives for the creation of jobs and
business opportunities by individuals and small businesses
through reduction of the social security tax burden on small
employers and the self-employed; to the Committee on Ways and
Means.
By Mr. McCRERY (for himself, Mr. Tauzin, Mr. Baker of
Louisiana, Mr. DeLay, Mr. Doolittle, Mr. Houghton,
Mr. Inhofe, Mr. Sam Johnson of Texas, Mr. Livingston,
Mr. Hayes, Mr. Inglis of South Carolina, and Mr.
Hoke):
H.R. 4202. A bill to increase access to high quality,
affordable health insurance; jointly, to the Committees on
Energy and Commerce, Ways and Means, the Judiciary, and
Education and Labor.
By Mr. MINETA (for himself (by request) and Mr.
Oberstar):
H.R. 4203. A bill to provide for the continued improvement
and expansion of the Nation's airports and airways, and for
other purposes; jointly, to the Committees on Public Works
and Transportation and Ways and Means.
By Mr. MOAKLEY:
H.R. 4204. A bill to designate the Federal building located
at 711 Washington Street in Boston, MA, as the ``Jean Mayer
Human Nutrition Research Center on Aging''; to the Committee
on Public Works and Transportation.
By Ms. NORTON (for herself, Mr. Bliley, Mr. Jefferson,
Mr. Lewis of Georgia, Mr. McDermott, Mr. Saxton and
Mr. Stark):
H.R. 4205. A bill to amend title 11, D.C. Code, to clarify
that blind individuals are eligible to serve as jurors in the
Superior Court of the District of Columbia; to the Committee
on the District of Columbia.
By Mr. REGULA (for himself and Mr. Mineta):
H.R. 4206. A bill to provide for the implementation of the
Uruguay round of the General Agreement on Tariffs and Trade
concerning specific code section, and for other purposes;
jointly, to the Committees on Ways and Means, Rules, the
Judiciary, and Foreign Affairs.
By Mr. RICHARDSON:
H.R. 4207. A bill to amend the Internal Revenue Code of
1986 to allow businesses a credit against income tax for
providing work experiences for high school juniors and
seniors for which the students receive credit toward
graduation; to the Committee on Ways and Means.
By Mr. VENTO:
H.R. 4208. A bill to expand and enhance the Federal
Government commitment to eliminating crime in public housing
and other federally assisted low-income housing projects, and
for other purposes; to the Committee on Banking, Finance and
Urban Affairs.
By Mr. CALVERT:
H.J. Res. 351. Joint resolution designating May 22 through
May 28, 1994, as ``In Celebration of America Week''; to the
Committee on Post Office and Civil Service.
By Mr. FORD of Michigan:
H.J. Res. 352. Joint resolution designating November 1994
as ``National American Lacemaker Month''; to the Committee on
Post Office and Civil Service.
By Mr. HOYER:
H. Con. Res. 238. Concurrent resolution authorizing the use
of the Capitol grounds for the Greater Washington Soap Box
Derby; to the Committee on Public Works and Transportation.
By Mr. GLICKMAN (for himself and Mr. Hansen):
H. Res. 405. Resolution providing for consideration of the
bill (S. 1458) to amend the Federal Aviation Act of 1958 to
establish time limitations on certain civil actions against
aircraft manufacturers, and for other purposes; to the
Committee on Rules.
Para. 32.25 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
327. By the SPEAKER; Memorial of the House of
Representatives of the State of Mississippi, relative to
sanitary landfills; to the Committee on Energy and Commerce.
328. Also, memorial of the House of Representatives of the
Commonwealth of Kentucky, relative to encouraging the
President and the United States Congress to reexamine United
States foreign policy towards Ethiopia; to the Committee on
Foreign Affairs.
329. Also, memorial of the Legislature of the State of
Alaska, relative to supporting increased access near Mount
McKinley through establishment of a visitor activity area at
Kantishna; to the Committee on Natural Resources.
330. Also, memorial of the Legislature of the State of
Nebraska, relative to urging the U.S. Congress to accelerate
the process of developing and approving the National Highway
System and that the Congress should pass legislation which
designates and approves the National Highway System no later
than September 30, 1994; to the Committee on Public Works and
Transportation.
331. Also, memorial of the House of Representatives of the
State of Kansas, relative
[[Page 609]]
to certifying legislative opposition to the Federal mandate
pertaining to the revocation or suspension of driving
privileges of convicted drug offenders, and requesting that
the Governor of the State of Kansas join in verifying her
opposition to the Federal mandate; to the Committee on Public
Works and Transportation.
332. Also, memorial of the House of Representatives of the
State of Mississippi, relative to the doppler radar in
southwest Mississippi; to the Committee on Science, Space,
and Technology.
Para. 32.26 private bills and resolutions
Under clause 1 of rule XXII,
Mrs. VUCANOVICH introduced a bill (H.R. 4209) for the
relief of William P. Van Keymeulen; which was referred to the
Committee on the Judiciary.
Para. 32.27 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 27: Mr. Neal of Massachusetts.
H.R. 39: Ms. Velazquez.
H.R. 65: Mr. Brown of California, Mr. Rangel, and Mr.
Blute.
H.R. 84: Mr. Flake.
H.R. 123: Mr. Hutchinson, Mr. Inhofe, Mr. Miller of
Florida, and Mr. Sisisky.
H.R. 303: Mr. Brown of California.
H.R. 349: Mr. Grandy.
H.R. 417: Mr. Martinez, Mr. Kreidler, Mr. Bishop, Mr.
Packard, Mr. Ridge, Mr. Goodling, and Mr. Boehner.
H.R. 441: Mr. Sanders, Mr. Swett, and Mr. Ravenel.
H.R. 518: Ms. Furse and Mr. Wynn.
H.R. 538: Mr. Lewis of Georgia.
H.R. 635: Mr. Baker of California.
H.R. 643: Mr. Franks of New Jersey.
H.R. 688: Mr. Rush.
H.R. 743: Mr. Franks of New Jersey.
H.R. 794: Mr. Upton, Mr. Bishop, Mr. Brown of California,
Mr. Camp, and Mr. Crapo.
H.R. 818: Mr. Rush.
H.R. 830: Ms. Norton.
H.R. 999: Mr. Hutchinson.
H.R. 1043: Mr. Hutchinson.
H.R. 1126: Mr. Ravenel.
H.R. 1127: Mr. Ravenel.
H.R. 1128: Mr. Ravenel.
H.R. 1129: Mr. Ravenel.
H.R. 1146: Mr. Hutchinson and Mr. Franks of New Jersey.
H.R. 1181: Mr. Rahall.
H.R. 1277: Mr. Andrews of New Jersey.
H.R. 1330: Mr. Quinn, Mr. Franks of Connecticut, Mr.
Schiff, Mr. Gallo, Mr. Mica, Mr. Penny, Mr. Hoekstra, Mr.
Dickey, Mr. Stearns, Mr. Bachus of Alabama, Mr. Archer, and
Mr. Everett.
H.R. 1349: Mr. Taylor of Mississippi and Mr. Linder.
H.R. 1354: Mr. Lewis of Georgia.
H.R. 1431: Mrs. Morella.
H.R. 1439: Mr. Reynolds.
H.R. 1617: Mr. Montgomery, Mr. Stump, Mr. Everett, Mr.
Quinn, Mr. Ridge, Mr. Hutchinson, Ms. Brown of Florida, Mr.
Richardson, Mr. Stenholm, Mr. Payne of Virginia, Mr. Parker,
Mr. Hefner, Mr. Bilirakis, and Mr. Linder.
H.R. 1618: Mr. Brown of California.
H.R. 1708: Mr. McInnis.
H.R. 1872: Mr. Calvert.
H.R. 1897: Mr. Payne of New Jersey, Mr. Livingston, Mr.
Evans, Mr. Martinez, Mr. Wyden, and Mr. Walsh.
H.R. 1924: Ms. Pelosi.
H.R. 1961: Mr. Romero-Barcelo, Mr. Johnson of South Dakota,
and Mr. Reynolds.
H.R. 2012: Mr. Hayes, Mr. Fields of Louisiana, Mr. Cardin,
Mr. Vento, Mr. Williams, Mr. Valentine, Mr. LaRocco, Mr.
Kennedy, Mr. Bonior, Mr. Dingell, and Mr. Mfume.
H.R. 2092: Mr. Stupak.
H.R. 2110: Mr. Rush.
H.R. 2145: Mr. Herger, Mr. Nadler, Mr. Sarpalius, Mr.
Gunderson, Mr. Santorum, Mr. Towns, Mr. Upton, Mr. Hall of
Ohio, Mr. Neal of Massachusetts, and Mr. Stark.
H.R. 2308: Mr. Miller of California.
H.R. 2360: Mr. Lipinski, Mr. Wynn, Mr. Ravenel, Ms. Meyers
of Kansas, and Mr. Porter.
H.R. 2429: Mr. Leach, Mr. Nadler, Mr. Olver, Mr.
Cunningham, Ms. McKinney, Mr. Stark, Mr. Clay, Mr. Scott, Mr.
McCandless, Mr. Cardin, Mr. Reynolds, Mr. Waxman, Mr. Matsui,
Mr. Mineta, Mr. Martinez, Mr. Wilson, Mr. Torres, Mr. Rush,
Mr. Hunter, Mr. Lewis of Georgia, Mr. Conyers, Mr. Farr, Mr.
Watt, Mr. Bilirakis, Mr. Washington, Mr. McDermott, Mr. Brown
of California, Mr. Payne of New Jersey, Mr. Thomas of
California, Ms. Brown of Florida, Mr. Schiff, Mr. Flake, Mr.
Gutierrez, Mr. LaFalce, Mr. Hughes, and Mr. Bishop.
H.R. 2609: Mr. Fingerhut.
H.R. 2663: Mr. Brown of Ohio and Mr. Farr.
H.R. 2721: Mrs. Unsoeld.
H.R. 2729: Mr. Santorum.
H.R. 2787: Mr. Gutierrez.
H.R. 3017: Mr. Torres, Mr. Ackerman, Mr. Cramer, Mr.
Herger, Mr. Hutchinson, Mr. Traficant, Mr. Thomas of Wyoming,
Mr. Kreidler, and Mr. Smith of Texas.
H.R. 3023: Mrs. Bentley, Mr. Dooley, Mr. Mann, Mr.
Richardson, Mr. Tauzin, Mr. Thompson, Mr. Schiff, Mr.
Menendez, Mr. Hefner, Mr. Inslee, Mr. Bevill, Mr. Dixon, Mr.
Traficant, Mr. Williams, Mr. Weldon, Mr. Fingerhut, and Mr.
Wheat.
H.R. 3121: Mr. Chapman.
H.R. 3227: Mr. Ravenel and Mr. Taylor of North Carolina.
H.R. 3288: Mr. Kevy and Mr. Andrews of New Jersey.
H.R. 3293: Mr. Ridge and Mrs. Morella.
H.R. 3322: Mr. Clay, Mr. McCrery, Mr. Conyers, Ms.
McKinney, Ms. Brown of Florida, Mrs. Meek of Florida, Mr.
Tucker, Mr. Watt, Mr. Neal of Massachusetts, Mr. Gilman, and
Mr. Sundquist.
H.R. 3328: Mr. Bilirakis.
H.R. 3365: Mr. Vento, Mr. Evans, Mr. Filner, Ms. Velazquez,
Mr. Lewis of Georgia, and Mr. Gutierrez.
H.R. 3373: Ms. Slaughter.
H.R. 3374: Ms. Slaughter.
H.R. 3392: Ms. Kaptur, Mr. Rohrabacher, Mr. Hutchinson, Mr.
Johnson of South Dakota, Mr. Taylor of North Carolina, Mr.
Thomas of California, Mr. Ravenel, Mr. Talent, Mr. Archer,
Mr. Crane, Mr. Crapo, Mr. Myers of Indiana, and Mr. Gene
Green of Texas.
H.R. 3433: Mr. Yates, Mr. Murtha, Mr. Dellums, Mr.
Abercrombie, Mr. Ackerman, Mr. Bacchus of Florida, Mr.
Becerra, Mr. Beilenson, Mr. Berman, Mr. Bevill, Mr. Bilbray,
Mr. Bonior, Mr. Boucher, Mr. Brooks, Mr. Brown of California,
Mr. Bryant, Mrs. Byrne, Mr. Clay, Mrs. Clayton, Mr. Coleman,
Mr. Conyers, Mr. Darden, Mr. de la Garza, Ms. DeLauro, Mr. de
Lugo, Mr. Dixon, Mr. Durbin, Mr. Edwards of California, Ms.
English of Arizona, Ms. Eshoo, Mr. Faleomavaega, Mr. Farr,
Mr. Fazio, Mr. Filner, Mr. Fingerhut, Mr. Foglietta, Mr. Ford
of Michigan, Mr. Frank of Massachusetts, Mr. Frost, Ms.
Furse, Mr. Gordon, Mr. Hamburg, Ms. Harman, Mr. Hefner, Mr.
Hinchey, Mr. Hoagland, Mr. Johnston of Florida, Ms. Kaptur,
Mrs. Kennelly, Mr. Lantos, Mr. LaRocco, Mr. Laughlin, Mr.
Lehman, Mr. Lewis of Georgia, Mrs. Lloyd, Ms. Lowey, Mr.
McDermott, Mr. McCloskey, Mr. Manton, Mr. Matsui, Mr. Markey,
Mr. Martinez, Mr. Meehan, Mrs. Meek of Florida, Mr. Mineta,
Mrs. Mink of Hawaii, Mr. Moakley, Mr. Nadler, Mr. Neal of
Massachusetts, Mr. Oberstar, Mr. Obey, Mr. Olver, Mr. Pastor,
Mr. Richardson, Mr. Romero-Barcelo, Mr. Rose, Ms. Roybal-
Allard, Mr. Sabo, Mr. Sanders, Ms. Schenk, Mr. Schumer, Mr.
Serrano, Mr. Stokes, Mr. Studds, Mr. Thompson, Mr. Thornton,
Mr. Torres, Mr. Torricelli, Mr. Tucker, Mr. Underwood, Mrs.
Unsoeld, Ms. Velazquez, Mr. Visclosky, Mr. Washington, Ms.
Waters, Mr. Waxman, Mr. Whitten, Mr. Wilson, Ms. Woolsey, and
Mr. Wyden.
H.R. 3472: Mrs. Meek of Florida, Mr. Washington, Mr.
Hughes, Mr. Clay, and Ms. Norton.
H.R. 3486: Mr. Smith of Oregon, Mr. Ramstad, Mr. Inslee,
Mr. Stump, Mr. McDade, Mr. Paxon, Mr. Portman, Mr. Smith of
New Jersey, Mr. McHugh, Mr. Bunning, Mr. Bachus of Alabama,
Mr. Hobson, Mr. Coble, Ms. Byrne and Mr. Rogers.
H.R. 3508: Mr. Faleomavaega.
H.R. 3513: Mr. Johnson of South Dakota, Mr. Barrett of
Wisconsin, Mr. Castle, Mr. Schumer, Mr. Kanjorski, Ms.
Woolsey, Ms. Ros-Lehtinen, Mr. Pallone, and Mr. Owens.
H.R. 3519: Mr. Hughes and Mrs. Unsoeld.
H.R. 3573: Mr. Hefner.
H.R. 3594: Mr. Lipinski, Mr. Bevill, Mr. Johnson of South
Dakota, Mrs. Thurman, Mr. Murtha, Mr. Rohrabacher, and Mr.
Levy.
H.R. 3633: Mr. Hyde, Mr. McInnis, Mr. Gilchrest, Mr.
Collins of Georgia, Ms. Dunn, Mr. Gillmor, Mr. McCrery, Mr.
Thomas of Wyoming, Mrs. Meyers of Kansas, and Mr. Istook.
H.R. 3738: Mr. Dingell.
H.R. 3745: Mr. Scott.
H.R. 3789: Mr. Herger and Mr. Baker of Louisiana.
H.R. 3790: Mr. Peterson of Minnesota.
H.R. 3791: Mr. Hancock, Mr. Burton of Indiana, Mr. Jacobs,
Mr. Emerson, Mr. Ravenel, and Mr. Hutchinson.
H.R. 3795: Mr. Johnson of South Dakota.
H.R. 3796: Mr. Linder, Mr. Hancock, and Mr. Ravenel.
H.R. 3797: Mr. Kasich, Mr. Linder, Mr. Pombo, Mrs.
Vucanovich, and Mr. Smith of Oregon.
H.R. 3838: Mr. Sanders.
H.R. 3842: Mr. Abercrombie, Mr. Lewis of Georgia, and Ms.
Eddie Bernice Johnson of Texas.
H.R. 3903: Mr. Doolittle, Mr. Hayes, Mr. Tauzin, Mr. Wynn,
Mr. Nadler, and Mr. Faleomavaega.
H.R. 3906: Mr. Andrews of Texas, Ms. Danner, Mr. Conyers,
and Mr. Murtha.
H.R. 3907: Mr. Dicks.
H.R. 3951: Mr. McDade, Mr. Pomeroy, Mr. Jefferson, Mr.
Montgomery, and Mrs. Fowler.
H.R. 3955: Mr. Penny, Mr. Paxon, Mr. Hefner, and Mr.
Livingston.
H.R. 3967: Mr. Duncan, Mr. Skeen, and Mr. Wynn.
H.R. 3992: Mr. Herger, Mr. Stearns, and Mr. Lewis of
Florida.
H.R. 4007: Mr. Wynn and Mr. Towns.
H.R. 4024: Mr. Bonior, Ms. Waters, Mr. Reynolds, and Mr.
Serrano.
H.R. 4040: Mr. Bryant, Ms. DeLauro, Mr. Fazio, Mr. Ford of
Tennessee, Mr. Gejdenson, Mr. Gephardt, Mr. Hinchey, Mr.
Johnston of Florida, Mr. Matsui, Mr. Miller of California,
Mr. Murtha, Mr. Sabo, Mr. Sawyer, Mr. McCurdy, Mr. Wheat, Mr.
Kopetski, Mr. Levin, Mr. Martinez, Mr. Williams, Mr. Gibbons,
and Mr. Frank of Massachusetts.
H.R. 4060: Mr. Solomon and Mr. Herger.
H.R. 4074: Mr. Frost, Mr. Parker, Mr. Romero-Barcelo, Mr.
Jacobs, Mr. Gene Green of Texas, Mr. Swift, Mr. Gilman, Ms.
Pelosi, Mr. Dellums, Mr. Martinez, Mrs. Thurman, Mr. Canady,
and Mr. Gallegly.
H.R. 4095: Mr. Calvert, Mr. Inglis of South Carolina, and
Mr. Dornan.
[[Page 610]]
H.R. 4124: Mr. Kreidler.
H.R. 4129: Mr. Rose, Mr. Ballenger, Mr. Hefner, Mr. Price
of North Carolina, Mr. Baesler, Mr. Thompson, Mr. Towns, Mrs.
Meek of Florida, Mr. Dicks, Mr. Barcia of Michigan, Mr.
Murphy, Ms. Brown of Florida, Mr. Bishop, Mr. Johnson of
Georgia, and Ms. McKinney.
H.R. 4142: Mr. Miller of California, Mr. Franks of New
Jersey, and Mr. McCandless.
H.R. 4143: Mr. Rush, Ms. Velazquez, Mr. Bonior, Mr. Miller
of California, Mr. Frost, and Mr. Dellums.
H.J. Res. 229: Mrs. Unsoeld and Mr. Bacchus of Florida.
H.J. Res. 233: Mr. Torricelli, Mr. Manton, Mr. Swett, and
Mr. Bliley.
H.J. Res. 253: Mr. Fawell, Mr. Costello, Mr. Lewis of
Florida, Mr. Ford of Michigan, Mr. LaFalce, Ms. Eddie Bernice
Johnson of Texas, Ms. Pelosi, Mr. Richardson, Mr. Wilson, and
Mr. Barrett of Wisconsin.
H.J. Res. 311: Mr. Abercrombie, Mr. Barrett of Wisconsin,
Mr. Bonior, Mr. Boucher, Ms. Brown of Florida, Mr. de la
Garza, Mr. Engel, Mr. Gutierrez, Mr. Quinn, Mr. Hughes, Mr.
Johnston of Florida, Mr. Kasich, Mr. Lehman, Mr. McDermott,
Mr. Manton, Mr. Martinez, Mrs. Meek of Florida, Mr. Menendez,
Mr. Mineta, Mr. Murtha, Ms. Norton, Mr. Pastor, Mr. Paxon,
Ms. Pelosi, Mr. Porter, Mr. Price of North Carolina, Mr.
Reed, Mr. Sabo, Mr. Schiff, Mr. Scott, Mr. Stupak, Mr.
Thompson, Mrs. Thurman, Mr. Vento, Mr. Watt, Mr. Waxman, Mr.
Weldon, Mr. Wyden, and Mr. Wynn.
H.J. Res. 314: Mrs. Byrne, Mr. Martinez, and Mr. Gekas.
H.J. Res. 320: Mrs. Byrne, Mr. Parker, Mr. Frost, Mrs.
Thurman, Mr. Coyne, Mr. Skeen, Mr. Camp, and Ms. Norton.
H.J. Res. 322: Mr. Flake, Mrs. Thurman, Mr. Greenwood, Mr.
Martinez, Mr. Serrano, Mr. Price of North Carolina, Mr.
Manton, Mr. Swett, Mr. Neal of Massachusetts, and Mr. Gekas.
H.J. Res. 333: Mr. Oberstar, Ms. Pelosi, Mr. Gutierrez, Mr.
Bilbray, Mr. Peterson of Florida, Mr. Blute, Mr. Dickey, Mr.
Scott, Mr. Wolf, Mr. Dellums, Mr. Manton, Mr. Greenwood, Mrs.
Morella, Mr. Dornan, Mr. Sisisky, Ms. Norton, Mr. Klein, Mr.
Slattery, Mr. Farr, Mr. Towns, and Mr. Rose.
H.J. Res. 335: Mr. Swift.
H.J. Res. 349: Ms. Pelosi, Mrs. Morella, Mr. Gene Green of
Texas, Mr. Dellums, Mr. Engel, Mr. Washington, and Mr. Levin.
H.J. Res. 350: Mr. Bilirakis, Mr. Bonior, Mr. Walsh, Mr.
Baesler, and Mr. Hoch brueckner.
H. Con. Res. 3: Mr. Rohrabacher and Mrs. Vucanovich.
H. Con. Res. 35: Mr. Kennedy, Ms. Shepherd, Mr. Dixon, Mrs.
Byrne, Mr. Faleomavaega, Mr. Moran, and Mr. Walsh.
H. Con. Res. 52: Mr. Torricelli and Mr. Talent.
H. Con. Res. 122: Mr. Swett.
H. Con. Res. 141: Mr. Volkmer.
H. Con. Res. 152: Ms. Furse.
H. Con. Res. 173: Mr. Price of North Carolina, Mr. Blute,
Mr. Calvert, Ms. Cantwell, Ms. Eddie Bernice Johnson of
Texas, Mr. Foglietta, Mr. Frost, Mr. Bonior, Mr. Kasich, Mr.
Conyers, and Mr. Murtha.
H. Con. Res. 199: Ms. Pelosi, Mr. Miller of California, Mr.
Markey, Mr. Neal of Massachusetts, Mr. Wynn, Mr. Coleman, and
Mr. Bishop.
H. Res. 27: Mr. Neal of Massachusetts.
H. Res. 255: Mr. Wise, Mrs. Thurman, Mr. Doolittle, Mr.
Calvert, Mr. Gene Green of Texas, and Mr. Grams.
H. Res. 337: Mr. Ackerman, Mr. Mann, Ms. Pelosi, Mr.
Kreidler, Mr. Coleman, Mr. Price of North Carolina, Ms.
Furse, Mr. DeFazio, and Mr. Evans.
H. Res. 383: Mr. Levy, Mr. McMillan, and Mr. Knollenberg.
H. Res. 390: Ms. Danner.
Para. 32.28 petitions, etc.
Under clause 1 of rule XXII, petitions and papers were laid on the
Clerk's desk and referred as follows:
84. By the SPEAKER: Petition of the city of Milwaukee, WI,
relative to requesting the Congress to oppose certain
provisions of H.R. 3636, the National Communications
Competition and Information Infrastructure Act, as amended by
the House Energy and Commerce Committee on March 17, 1994; to
the Committee on Energy and Commerce.
85. Also, petition of the National Conference of State
Legislatures, relative to seeking support for floor
consideration of unfunded mandate relief legislation during
the 103d Congress; to the Committee on Government Operations.
86. Also, petition of the city of Santa Monica, CA,
relative to supporting the approval of H.R. 3495 and S. 1704,
amending the Immigration Reform and Control Act of 1986; to
the Committee on the Judiciary.
.
THURSDAY, APRIL 14, 1994 (33)
The House was called to order by the SPEAKER.
Para. 33.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Wednesday, April 13, 1994.
Mr. FRANKS, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Mr. FRANKS objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER, pursuant to clause 5, rule I, announced that the vote
would be postponed until later today.
The point of no quorum was considered as withdrawn.
Para. 33.2 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed bills of the following titles, in which the
concurrence of the House is requested:
S. 21. An Act to designate certain lands in the California
Desert as wilderness, to establish Death Valley, Joshua Tree,
and Mojave National Parks, and for other purposes.
S. 455. An Act to amend title 31, United States Code, to
increase Federal payments to units of general local
government for entitlement lands, and for other purposes.
S. 1569. An Act to amend the Public Health Service Act to
establish, reauthorize and revise provisions to improve the
health of individuals from disadvantaged backgrounds, and for
other purposes.
S. 1970. An Act to authorize the Secretary of Agriculture
to reorganize the Department of Agriculture, and for other
purposes.
Para. 33.3 crime control
The SPEAKER pro tempore, Mr. CLYBURN, pursuant to House Resolution 401
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 4092) to control and prevent crime.
Mr. TORRICELLI, Chairman of the Committee of the Whole, resumed the
chair; and after some time spent therein,
Para. 33.4 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendments en bloc submitted by Mr. BROOKS:
Insert at an appropriate place the following:
SEC. . DISPLAY OF FLAGS AT HALF STAFF.
(a) Public Law 87-726--The first section of Public Law 87-
726 (36 U.S.C. 167) is amended--
(1) By striking ``(2)'' and inserting ``(3)'';
(2) by inserting after clause (1) the following new clause:
``(2) directing the officials of the Government to display at
half-staff the flag of the United States on all Government
buildings on such day, as provided by section 3(m) of the Act
of June 22, 1942 (Chapter 435; 56 Stat. 377; 36 U.S.C.
175),'';
(3) by striking ``(3)'' and inserting ``(4)''; and
(4) by inserting in paragraph (4) ``, including the display
at half-staff of the flag of the United States'' after
``activities''.
(b) Act of June 22, 1942.--Section 3(m) of the Act of June
22, 1942 (Chapter 435; 56 Stat. 377; 36 U.S.C. 175) is
amended by inserting ``The flag shall be flown at half-staff
on Peace Officers Memorial Day, unless that day is also Armed
Forces Day.'' after ``a Member of Congress.''.
Insert at an appropriate place the following:
SEC. . SENSE OF CONGRESS WITH RESPECT TO VIOLENCE AGAINST
TRUCKERS.
(a) Findings.--Congress finds that--
(1) there are 8,000,000 workers in the trucking industry in
the United States, some working for large carriers and some
for small carriers, some for private carriers and some owner
operators, all assisting the free flow commerce by
transporting all types of commodities that enter, leave, or
move within this country;
(2) unemployment, crime, and drug use have contributed to
an increase of violence against commercial truckers, an
increase that has gone unrecognized by the public at large;
(3) few State or local authorities report violent crimes
against truckers as such to the Federal Bureau of
Investigation, statistics do not reflect this fast-growing
and increasingly violent segment of crime;
(4) the Federal Bureau of Investigation investigated 282
truck hijackings involving crimes of violence in 1993, not
including attempted crimes and crimes addressed by State,
county, and local authorities;
(5) the Federal Government in large measure finances the
highway system the trucking industry uses, collecting large
sums in taxes from the industry, and licenses and regulates
the industry and its drivers, entailing a concomitant
responsibility to protect them against crime;
(6) Federal law provides protections to truckers in among
others, sections 33 and 1951 of title 18, United States Code,
but currently Federal prosecutions are not undertaken unless
certain monetary thresholds of loss are met.
(b) Sense of Congress.--It is the sense of Congress that--
(1) when there is Federal jurisdiction, Federal authorities
should prosecute to the fullest extent of the law murders,
rapes, bur-
[[Page 611]]
glaries, kidnappings and assaults committed against
commercial truckers; and
(2) appropriate Federal agencies should acknowledge this
problem and place a priority on evaluating how best to
prevent these crimes and apprehend those involved, and
continue to coordinate their activities with multi-
jurisdictional authorities to combat violent crimes committed
against truckers.
Page 272, line 5, after ``minorities,'' insert ``providing
specialized domestic violence court advocates in courts where
a significant number of protective orders are granted,''.
Add at an appropriate place the following:
SEC. . PASSPORT AND VISA OFFENSES PENALTIES IMPROVEMENT.
(a) In General.--Chapter 75 of title 18, United States
Code, is amended--
(1) in section 1541, by striking ``not more than $500 or
imprisoned not more than one year'' and inserting ``under
this title or imprisoned not more than 10 years'';
(2) in each of sections 1542, 1543, and 1544, by striking
``not more than $2,000 or imprisoned not more than five
years'' and inserting ``under this title or imprisoned not
more than 10 years'';
(3) in section 1545, by striking ``not more than $2,000 or
imprisoned not more than three years'' and inserting ``under
this title or imprisoned not more than 10 years'';
(4) in section 1546(a), by striking ``five years'' and
inserting ``10 years'';
(5) in section 1546(b), by striking ``in accordance with
this title, or imprisoned not more than two years'' and
inserting ``under this title or imprisoned not more than
10''; and
(6) by adding at the end the following.
``Sec. 1547. Alternative imprisonment maximum for certain
offenses
``Notwithstanding any other provision of this title, the
maximum term of imprisonment that may be imposed for an
offense under this chapter (other than an offense under
section 1545)--
``(1) if committed to facilitate a drug trafficking crime
(as defined in 929(a) of this title) is 15 years; and
``(2) if committed to facilitate an act of international
terrorism (as defined in section 2331 of this title) is 20
years.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 75 of title 18, United States Code, is
amended by adding at the end the following new item:
``1547. Alternative imprisonment maximum for certain offenses.''.
Page 111, line 16, strike ``and''.
Page 111, line 18, strike the period and insert ``; and''.
Page 111, after line 18, insert the following:
(3) coordinate crime prevention programs funded under this
program with other existing Federal programs to address the
overall needs of communities that benefit from grants
received under this title.
Page 172, line 15, strike ``or''.
Page 172, line 17, strike the period and insert ``; or''.
Page 172, after line 17, insert the following:
``(C) coordination of crime prevention programs funded
under this title with other existing Federal programs to meet
the overall needs of communities that benefit from funds
received under this section.
Add at the end the following:
TITLE --FINANCIAL INSTITUTION FRAUD
SEC. . FINANCIAL INSTITUTION FRAUD.
Section 528 of Public Law 101-509, approved November 5,
1990, is amended by striking ``with the authority of the
Resolution Trust Corporation or its successor'' at the end of
subsection (b)(2) and inserting ``on December 31, 2004''.
At the end of the bill, add the following:
TITLE --AUTHORIZATION
SEC. . AUTHORIZATION OF APPROPRIATIONS
There is authorized to be appropriated for the activities
of the Bureau of Alcohol, Tobacco and Firearms, the United
States Customs Service, the Financial Crimes Enforcement
Network, the Federal Law Enforcement Training Center, the
Criminal Investigation Division of the Internal Revenue
Service, and the United States Secret Service, in addition to
sums authorized elsewhere in this Act, not to exceed
$210,000,000 for each of the fiscal years 1995, 1996, 1997,
1998, and 1999 to help meet the Department of the Treasury's
increased law enforcement activities.
Add at the end the following:
TITLE --CONVERSION OF CLOSED MILITARY INSTALLATIONS
SEC. . CONVERSION OF THREE CLOSED MILITARY INSTALLATIONS
INTO FEDERAL PRISON FACILITIES.
(a) Study of Suitable Bases.--The Secretary of Defense and
the Attorney General shall jointly conduct a study of all
military installations selected before the date of the
enactment of this Act to be closed pursuant to a base closure
law for the purpose of evaluating the suitability of any of
these installations, or portions of these installations, for
conversion into Federal prison facilities. As part of the
study, the Secretary and the Attorney General shall identify
the three military installations so evaluated that are most
suitable for conversion into Federal prison facilities.
(b) Suitability for Conversion.--In evaluating the
suitability of a military installation for conversion into a
Federal prison facility, the Secretary of Defense and the
Attorney General shall consider the estimated cost to convert
the installation into a prison facility, the proximity of the
installation to overcrowded Federal and State prison
facilities, and such other factors as the Secretary and the
Attorney General consider to be appropriate.
(c) Transfer to Attorney General.--Notwithstanding any
other provision of law regarding disposal of military
installations selected to be closed pursuant to a base
closure law, the Secretary of Defense shall transfer, without
reimbursement, jurisdiction over the three installations
identified under subsection (a) to the Attorney General for
conversion into Federal prison facilities. The Federal prison
facilities established using these installations shall be
designed to incarcerate persons convicted of a Federal
violent felony. Upon a space available basis, the Attorney
General may accept transfers from overcrowded State prisons
if the persons to be transferred had previously been
convicted of a Federal violent felony or are serving a
sentence of more then 20 years.
(d) Time for Study.--The study required by subsection (a)
shall be completed not later than 180 days after the date of
the enactment of this Act.
(e) Definitions.--For purposes of this section:
(1) The term ``base closure law'' means--
(A) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note); or
(B) Title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note).
(2) The term ``violent felony'' has the meaning given that
term in section 3581(c)(2) of title 18, United States Code.
At the appropriate place, insert the following (and
redesignate accordingly):
SEC. . COMMISSION MEMBERSHIP AND APPOINTMENT.
(a) Membership.--Section 211(B)(f) of Public Law 101-515
(104 Stat. 2123) is amended to read as follows:
``(a) Number and Appointment.--The Commission shall be
composed of 25 members as follows:
(1) Seven individuals appointed from national law
enforcement organizations representing law enforcement
officers, of whom--
(A) two shall be appointed by the Speaker of the House of
Representatives;
(B) two shall be appointed by the majority leader of the
Senate;
(C) one shall be appointed by the minority leader of the
House of Representatives;
(D) one shall be appointed by the minority leader of the
Senate; and
(E) one shall be appointed by the President.
(2) Seven individuals appointed from national law
enforcement organizations representing law enforcement
management, of whom--
(A) two shall be appointed by the Speaker of the House of
Representatives;
(B) two shall be appointed by the majority leader of the
Senate;
(C) one shall be appointed by the minority leader of the
House of Representatives;
(D) one shall be appointed by the minority leader of the
Senate; and
(E) one shall be appointed by the President.
(3) Two individuals appointed with academic expertise
regarding law enforcement issues, of whom--
(A) one shall be appointed by the Speaker of the House of
Representatives and the majority leader of the Senate; and
(B) one shall be appointed by the minority leader of the
Senate and the minority leader of the House of
Representatives.
(4) Two Members of the House of Representatives, appointed
by the Speaker and the minority leader of the House of
Representatives.
(5) Two Members of the Senate, appointed by the majority
leader and the minority leader of the Senate.
(6) One individual involved in Federal law enforcement from
the Department of the Treasury; appointed by the President.
(7) One individual from the Department of Justice,
appointed by the President.
(8) One individual representing a State or local
governmental entity, such as a Governor, mayor, or State
attorney general, to be appointed by the majority leader of
the Senate.
(9) One individual representing a State or local
governmental entity, such as a Governor, mayor, or State
attorney general, to be appointed by the Speaker of the House
of Representatives.
(10) One individual representing a State or local
governmental entity, such as a Governor, mayor, or State
attorney general, to be appointed by the President.''.
(b) Report.--Section 211(B)(p) of Public Law 101-515 (104
Stat. 2124) is amended by striking ``the expiration'' and all
that follows through ``this Act,'' and inserting ``March 31,
1996,''
SEC. . CONFORMING AMENDMENT.
Section 3404(a) of Public Law 101-647 (42 U.S.C. 3721 note)
is repealed.
Page 386, after line 16 (at the end of the bill), add the
following new title (and amend the table of titles
accordingly):
TITLE XXIV--EXPLOSIVES CRIME PENALTIES
SEC. 2401. ENHANCED PENALTY FOR SECOND OFFENSE OF USING AN
EXPLOSIVE TO COMMIT A FELONY.
Pursuant to its authority under section 994 of title 28,
United States Code, the United States Sentencing Commission
shall promulgate amendments to the sentencing guidelines to
appropriately enhance penalties in a case in which a
defendant convicted under
[[Page 612]]
section 844(h) of title 18, United States Code, has
previously been convicted under that section.
SEC. 2402. THEFT OF EXPLOSIVES.
Section 844 of title 18, United States Code, is amended by
adding at the end the following new subsection:
``(k) A person who steals any explosives materials which
are moving as, or are a part of, or which have moved in,
interstate or foreign commerce shall be imprisoned for not
more than 10 years, fined under this title, or both.''.
SEC. 2403. POSSESSION OF EXPLOSIVES BY FELONS AND OTHERS.
Section 842(i) of title 18, United States Code, is amended
by inserting ``or possess'' after ``to receive''.
SEC. 2404. THEFT OF EXPLOSIVES FROM LICENSEE.
Section 844 of title 18, United States Code, is amended by
adding at the end the following new subsection:
``(l) A person who steals any explosive material from a
licensed importer, licensed manufacturer, or licensed dealer,
or from any permittee shall be fined under this title,
imprisoned not more than 10 years, or both.''.
SEC. 2405. DISPOSING OF EXPLOSIVES TO PROHIBITED PERSONS.
Section 842(d) of title 18, United States Code, is amended
by striking ``licensee'' and inserting ``person''.
Add at the end of title X the following:
Subtitle --Hope in Youth Program
SEC. 1. FINDINGS.
The Congress finds the following:
(1) Larger cities around the country, particularly those
those involved in empowerment zones, are attempting to
empower low-income and ethnic minority communities.
(2) Programs that involve local government and local
community leaders and which include significant participation
by service providers, service participants, and service
funders, as equal partners in the design and direction of a
myriad of social service support programs have been among the
most effective demonstration models.
(3) Programs that attempt to link disenfranchised and
disconnected citizens through an umbrella organization that
provides guidance to public and private service providers
have proven to be an effective strategy for empowering local
low-income communities.
(4) Families in low-income communities have not attained
their full potential as productive citizens, and Federal
efforts thus far, have been insufficient to assist them in
fully realizing that potential.
SEC. 2. PROGRAM AUTHORITY.
The Secretary of Health and Human Services (in this
subtitle referred to as the ``Secretary'') may make grants to
eligible may make grants to eligible service providers in one
or more political subdivisions of a State containing an area
designated as an empowerment zone, as authorized under the
Omnibus Budget Reconciliation Act of 1993 (Public Law 103-
66), that have submitted an approved plan to establish
advisory organization in low-in-come communities within the
political subdivision containing an empowerment zone which
will serve as umbrella agencies for strategic planning and
evaluation of service programs serving the low-income
communities in which the advisory organization operates.
SEC. 3. PROGRAM REQUIREMENTS.
Each advisory organization established as described in
section 2 shall--
(1) provide a permanent multi-issue forum for public policy
discussion which will serve as part of a stable
infrastructure of community outreach and support,
(2) develop a mechanism by which local support service
providers may be evaluated and assessed in the level of
service they provide to the community, and which establishes
a method for advisory organization participants to review and
participate in efforts to maintain or increase the quality of
services provided by such providers,
(3) create an Family Outreach Team approach which provides
a youth worker, a parent worker, and a school-parent
organizer to provide training in outreach, mentoring,
community organizing and peer counseling and mentoring to
locally recruited volunteers in a particular area. The Family
Outreach Team assists such volunteers in outreach,
development and coordination of service delivery from among
the service providers in the area, including the schools.
(4) establish processes by which local public agencies can
effectively involve the private sector in the provision of
services that meet the needs of local communities,
(5) establish processes of coalition building in which
diverse groups within low-income communities attempt to low-
income communities, and
(6) create a training program to foster community-based
leadership in low-income communities.
SEC. 4. ELIGIBLE PROVIDERS.
Consortia of public and private nonprofit local social
service organizations that have a proven ability to involve
disparate populations of low-income citizens and competing
service providers are eligible to receive grants under
section 2.
SEC. 5. APPLICATIONS.
Applications may be submitted, for approval by the
Secretary, by eligible service providers at such time and in
such manner as the Secretary may reasonably require. Such
applications shall contain--
(1) assurances that selection of participants,
organizations, and citizens will not be on the basis of
religious preference or affiliation,
(2) assurances that participating organizations and
citizens will not offer services based on any religious
preference or affiliation, and
(3) assurances that such service provides will, to the
extent practicable, involve participation by citizens not
traditionally involved in such activities, including homeless
individuals, alcohol- and drug-addicted individuals, and gang
involved or violent youth.
SEC. 6. EVALUATION.
The Secretary shall commence a program to evaluate the
success and effectiveness of this program 2 years after the
program has received an appropriation, and such evaluation
shall be completed no later than 1 year after the second
program year has been completed. A report thereon shall be
submitted to the Congress within 60 days of the completion of
the evaluation.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $20,000,000 for
fiscal year 1995, and such sums as are necessary for each of
fiscal years 1996, 1997, and 1998 to carry out this subtitle.
Subtitle --Gang Prevention Services for Boys and Girls
SEC. 1. FINDINGS.
The Congress finds that--
(1) services provided through existing federally supported
gang prevention programs do not adequately address the needs
of boys and girls in communities with high levels of gang
activity and other barriers to service (such as large
concentrations of minority populations that have limited
English speaking proficiency, geographically isolated
populations, and communities in which social service
providers are limited or nonexistent);
(2) children that are exposed to gang activity at an early
age are more likely to become gang-involved than children who
are exposed to such activity later in life, or children that
are never exposed to such activity;
(3) gangs are increasingly targeting younger children for
recruitment, especially children at middle schools and
elementary schools;
(4) Federal studies indicate that violent crime has
increased more significantly in the gang population compared
to the adult population; and
(5) small community-based service agencies with strong ties
to the educational and law enforcement systems offer the best
chance to prevent young children from becoming involved in
gangs.
SEC. 2. PROGRAM AUTHORITY.
The Administrator of the Office of Juvenile Justice and
Delinquency Prevention (hereafter referred to as the
``Administrator''), in consultation with the Department of
Education and the Department of Health and Human Resources,
may make grants to eligible service providers to carry out
programs that prevent young children from becoming gang
involved. In making such grants, the Administrator shall give
a priority to eligible service providers that have a proven
track record of serving young children and have an overall
budget of not more than $750,000 a fiscal year, prior to
receiving a grant under this section.
SEC. 3. PROGRAM REQUIREMENTS.
The eligible service providers receiving a grant under
section 2 shall--
(1) provide a comprehensive array of support services to
assist the participants to reach their full potential as a
contributing law-abiding citizen (such support services may
include, but not be limited to: education and health
services; career development training; music/art/drama
activities; physical fitness training; life skills training;
mental health counseling; and job placement counseling);
(2) to the extent practical, involve the parents and other
family members of participating children, and the members of
local organizations that support the educational and law
enforcement institutions of the community, as is appropriate,
in the administration and operation of the gang prevention
program;
(3) utilize community resources and related support
services as needed in the operation of the program;
(4) accept referrals from public institutions, as is
appropriate, such as law enforcement, mental health, local
school systems, and other entities of local government; and
(5) utilize volunteer staff, including participants in
programs funded under the National and Community Service
Program, Public Law 103-62, to the maximum extent practicable
in the operation of the program.
SEC. 4. ELIGIBLE PROVIDERS.
Community-based service providers, as defined in the
Juvenile Justice and Delinquency Prevention Act of 1974, that
have a proven track record of providing services to children
ages 5 to 18 shall be eligible to apply for funds under this
subtitle. A priority shall be given to those service
providers that have a history of providing services uniquely
designed to meet the needs of young children such as the Boys
and Girls Clubs of America or service providers that display
the potential for providing such targeted services.
SEC. 5. ELIGIBLE PARTICIPANTS.
Children that have the potential, because of community
composition and other factors, to come into contact with
gangs, or who have a family member that has come into contact
with a gang, and are not more than 18 years old at the time
of entry into the program, shall be eligible to receive
services provided by programs receiving assistance under this
subtitle.
[[Page 613]]
SEC. 6. APPLICATIONS PROCESS.
Eligible service providers may submit to the Administrator,
for approval, an application in such form at such time as the
Administrator deems appropriate.
SEC. 7. EVALUATION.
The Administrator shall conduct an evaluation of the
effectiveness of the program model grants authorized under
this subtitle, and the extent to which it can be replicated
by other local communities. The Administrator shall report to
the Congress no later than January 1, 1999, on the details of
such evaluations.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $20,000,000 for
fiscal year 1995, and such sums as may be necessary for
fiscal years 1996, 1997, and 1998 to carry out this subtitle.
Subtitle --Anticrime Youth Councils
SEC. . PURPOSE.
The purpose of this subtitle is to provide for the
establishment of youth anticrime councils to give
intermediate and secondary school students a structured forum
through which to work with community organizations, law
enforcement officials, government and media representatives,
and school administrators and faculty to address issues
regarding youth and violence. The purpose of such councils is
to empower local youth and ensure that their recommendations
for preventing youth involvement in crime and violence will
be heard and possibly incorporated into community anticrime
strategies.
SEC. . AUTHORITY TO MAKE GRANTS.
The Administrator of the Office of Juvenile Justice and
Delinquency Prevention (in this subtitle referred to as the
``Administrator'') may make grants to pubic and nonprofit
community-based organizations to establish regional anticrime
youth councils each of which is composed of intermediate and
secondary school students who represent all the schools in a
separate congressional district.
SEC. . APPLICATIONS FOR GRANTS.
To request a grant under section 2, a public and
nonprofit community-based organizations shall submit to the
Administrator an application in such form and containing such
information as the Administrator may require by rule,
including assurances that--
(1) the anticrime youth council with respect to which such
grant is requested will be--
(A) selected by a teacher or administrator of an
intermediate or secondary school in the congressional
district involved, in consultation with teachers and
administrators of other intermediate and secondary schools in
such district,
(B) composed of not more than 5 students from each of the
intermediate and secondary schools in such district, selected
as described in paragraph (1) from among individuals who have
first-hand knowledge of issues and problems relating to
students who attend schools in such district,
(C) supervised by an individual who--
(i) is familiar with issues regarding youth violence,
(ii) has strong ties to the communities in such district
and to the organizations with which such council will
interact, and
(iii) will be responsible for coordinating the
dissemination of information to such council, supervising
council meetings, and acting as a liaison between such
council and communities in such district, and (D) meet not
less frequently than monthly--
(i) to discuss issues of concern, including youth crime,
school violence, job creation, and recreation, and
(ii) to develop creative solutions for assisting community
organizations, laws enforcement officials, school officials,
government officials, and others to address such issues, and
(2) the applicant will submit to the Administrator a
report, not later than 180 days after the first year for
which such applicant receives a grant under section 2,
that--
(A) specifies the number of students and schools involved
and represented on such council,
(B) specifies the number of organizations and individuals
that council and its subcommittees met with,
(C) specifies the number of grants, policies, and programs
submitted to the youth council for review and recommendation,
(D) contains evidence that--
(i) the community has consulted such council and adopted
its recommendations, and
(ii) a grant review process has been established within a
school system or police department that includes an
evaluation by the youth council,
(E) describes the effect that participation on such council
has had on the student representatives, (such as improved
school attendance and academic performance, and decreased
criminal involvement),
(F) describes the effect that participation on such council
has had on the participating schools (such as decrease in
incidence of school violence),
(G) describes the extent to which other students attended
council and subcommittee meetings, and participated as
members of the audience in such council's activities,
(H) describes the extent to which family service, youth
service, and the education, police health, and judicial
departments within such district coordinate anticrime efforts
as a result of the recommendations and programs of such
council,
(I) describing the extent to which such council raises
public awareness and knowledge, via the media, about youth
violence and such council's efforts to help prevent it.
SEC. . SECTION OF GRANT RECIPIENTS.
For the purpose of selecting eligible applicants to receive
grants under section 2, the Administrator shall take into
consideration--
(1) the extent to which all schools in a congressional
district are represented on the proposed youth anticrime
council,
(2) the extent to which youth crime and violence are an
issue of concern in such district,
(3) the extent to which the community is committed to
coordinating and meeting with the youth councils, and
(4) the extent to which the students selected to serve on
such council are representative of the geographical area and
knowledgeable about the issues that such council will
consider.
SEC. . AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $5,000,000 for
fiscal year 1995, and such sums as may be necessary for
fiscal years 1996, 1997, and 1998, to carry out this
subtitle.
At the end add the following:
TITLE --TRAVELER PROTECTION
SEC. . AUTHORITY TO INVESTIGATE VIOLENT CRIMES AGAINST
TRAVELERS
(a) Chapter 33 of title 28, United States Code, is amended
by adding at the end the following:
``Sec. 540A. Investigation of violent crimes against
travelers
``(a) Upon the request of an appropriate law enforcement
official of a State or political subdivision, the Attorney
General and the Federal Bureau of Investigation may assist in
the investigation of a felony crime of violence in violation
of the law of any State in which the victim appears to have
been selected because he or she is a traveler. In a case in
which the traveler is from a foreign nation, the Department
of Justice and, where appropriate, the Department of State
shall assist the prosecuting and law enforcement officials of
a State or political subdivision to the fullest extent
possible in securing from abroad such evidence or other
information as may be needed for the effective investigation
and prosecution of the crime.
``(b) For purpose of this section--
``(1) the term `felony crime of violence' means an offense
punishable by more than one year in prison that has as an
element the use, attempted use, or threatened use of physical
force against the person of another;
``(2) and for purposes of section 540, the term `State'
means a State of the United States, the District of Columbia,
and any commonwealth, territory, or possession of the United
States; and
``(3) the term `traveler' means a person who is not a
resident of the State in which the crime of violence
occurred.''.
(b) The chapter analysis for chapter 33 of title 28, United
States Code, is amended by adding at the end the following:
``540A. Investigation of violent crimes against travelers.''.
Page 172, line 15, strike ``or''.
Page 172, line 17, strike the period and insert ``; or''.
Page 172, after line 17, insert the following:
``(C) job program to prevent crime.''
Page 386, after line 16 (at the end of the bill), add the
following new title (and amend the table of titles
accordingly):
TITLE XXIV--STUDY AND REPORT BY ATTORNEY GENERAL
SEC. 2401. STUDY AND REPORT BY ATTORNEY GENERAL.
(a) In General.--Not later than 180 days after the date of
the enactment of this section, the Attorney General shall
make a study and submit a report of the results of that study
to the Congress. Such study shall--
(1) address how to ease the overcrowding at traditional
style prisons by allowing for the processing of new convicts
and the housing of non-violent, elderly, and short-term
Federal, State, and local inmates in prefabricated,
temporary, or portable structures within a secure area; and
(2) determine what legal requirements may exist on the use
of such structures for these purposes and suggest legislative
measures or other appropriate actions to modify or eliminate
those requirements.
(b) Action by the Attorney General.--Not later 2 years
after the report referred to in subsection (a) is submitted
to the Congress, the Attorney General shall implement the
actions recommended in the report.
Page 34, line 13, after ``(7)'' insert ``if applicable,''.
At the appropriate place insert the following new title:
TITLE XXXX CRIMINAL ALIENS
SECTION XXX1. CONGRESSIONAL FINDINGS.
The Congress makes the following findings:
(1) The Federal Government is responsible for controlling
illegal immigration into the United States.
(2) Many States and localities are burdened with the
financial costs of housing and processing aliens who are
unlawfully within the United States and who are charged with
violating criminal statutes.
(3) The Immigration and Naturalization Service is not
permitted under current law to accept local and State
assistance in its deportation responsibilities.
(4) Many communities with criminal alien populations would
like to expedite the deportation of aliens who are charged
with violating criminal statutes and who are either
unlawfully within the United States or willing to submit to
voluntary deportation under safeguard.
[[Page 614]]
SEC. XXX2. AUTHORITY TO ACCEPT CERTAIN ASSISTANCE.
(A) In General.--Subject to subsection (b) and
notwithstanding any other provision of law, the Attorney
General, in the discretion of the Attorney General, is
authorized to accept, hold, administer, and utilize gifts of
property and services (which may not include cash assistance)
for the purpose of assisting the Immigration and
Naturalization Service in carrying out the deportation of
aliens who are subject to charges for misdemeanor or felony
crimes under State or Federal law and who are either
unlawfully within the United States or willing to submit to
voluntary deportation under safeguard. Any property acquired
pursuant to this section shall be acquired in the name of the
United States.
(b) Limitation.--The Attorney General shall terminate or
rescind the excise of the authority under subsection (a) if
the Attorney General determines that the exercise of such
authority has resulted in discrimination in law enforcement
on the basis of race, color, or national origin.
amendment to be offered by mr. filner
Page 378, line 25, strike ``and'', in line 4 on page 379
strike the period and insert ``; and''; and after line 4 on
page 379 insert the following:
``(14) to reduce the incidence of graffiti and to promote
graffiti removal, prevention, and education programs.
Page 233, line 7, after the quotation marks insert
``victims assistance programs,''.
At the end insert the following new title:
TITLE XXIV--IMMIGRATION PROVISIONS
SEC. 2401. EXPEDITED DEPORTATION FOR DENIED ASYLUM
APPLICANTS.
(A) The Attorney General may provide for the expeditious
adjudication of asylum claims and the expeditious deportation
of asylum applications whose applications have been finally
denied, unless the applicant remains in an otherwise valid
nonimmigrant status.
(b) There are authorized to be appropriated to carry out
this section, such sums as are necessary for each of fiscal
year 1994, 1995, 1996, 1997, and 1998.
SEC. 2402. IMPROVING BORDER CONTROLS.
(a) There are authorized to be appropriated such sums as
are necessary to increase the Immigration and Naturalization
Service's resources for the Border Patrol, the Inspections
Program, and the Department Branch to apprehend illegal
aliens who attempt clandestine entry into the United States
or entry into the United States with fraudulent documents or
who remain in the country after their nonimmigrant visas
expire.
(b) The Attorney General shall report to the Congress every
two years on the programs referred to in subsection (a).
SEC. 2403. EXPANDED SPECIAL DEPORTATION PROCEEDINGS.
(a) Subject to the availability of appropriations, the
Attorney General may expand the program authorized by section
242A(d) of the Immigration and Naturality Act to ensure that
such aliens are immediately deportable upon their release
from incarceration.
(b) There are authorized to be appropriated such sums as
necessary to carry out this section for each of fiscal years
1995 through 1998.
(c) The Attorney General shall report to the Congress every
two years on the program referred to in subsection (a).
SEC. 2404. CONSTRUCTION OF INS SERVICE PROCESSING CENTERS TO
DETAIN CRIMINAL ALIENS.
There are authorized to be appropriated such sums as are
necessary in fiscal year 1996 to construct or contract for
the construction of 2 Immigration and Naturalization Service
Processing Centers to detain criminal aliens.
At the end of the bill insert the following new title:
TITLE --COMMISSION ON CRIME AND VIOLENCE.
SEC. . FINDINGS.
The Congress finds that--
(1) there is no more important responsibility of government
than the protection of the lives and property of its
citizens;
(2) a violent crime occurs every 22 seconds in America;
(3) the Nation's law enforcement personnel and criminal
justice system lack the resources they need to fully maintain
law and order;
(4) the proliferation of drugs and guns in the last 3
decades has dramatically changed the nature of crime;
(5) it has been 27 years since the Brown Commission
redefined the Federal Government's response to crime in
America; and
(6) the Nation must commit itself to an energetic,
innovative assault on the epidemic of crime in our society,
including--
(A) alternative forms of sentencing to guarantee swift and
sure punishment of criminals, including the Nation's growing
number of youth offenders;
(B) initiatives by the public and private sectors designed
to identify and alleviate the causes of criminal behavior;
and
(C) an examination of current laws and law enforcement
practices to determine where and how resources may be best
utilized to fight crime, reduce burdens on courts and jails,
and stop recidivism.
SEC. . ESTABLISHMENT OF COMMISSION ON CRIME AND VIOLENCE.
(a) Establishment.--There is established a commission to be
known as the ``National Commission on Crime and Violence in
America'' (referred to as the ``Commission'').
(b) Membership.--
(1) In general.--The Commission shall be composed of 22
members, of whom--
(A) 6 shall be appointed by the President;
(B) 8 shall be appointed by the Speaker of the House of
Representatives, of whom 2 shall be appointed on the
recommendation of the minority leader; and
(C) 8 shall be appointed by the President pro tempore of
the Senate, of whom 6 shall be appointed on the
recommendation of the majority leader and 2 shall be
appointed on the recommendation of the minority leader.
(2) Goals in making appointments.--In appointing members of
the Commission, the President, Speaker, President pro
tempore, and the majority and minority leaders shall seek to
ensure that--
(A) the membership of the Commission reflects the racial,
ethnic, and gender diversity of the United States; and
(B) members are specially qualified to serve on the
Commission by reason of their education, training, expertise,
or experience in--
(i) sociology;
(ii) psychology;
(iii) law;
(iv) law enforcement;
(v) social work; and
(vi) ethnography and urban poverty, including health care,
housing, education, and employment.
(3) Deadline.--Members of the Commission shall be appointed
within 60 days after the date of enactment of this Act.
(4) Term.--Members shall serve on the Commission through
the date of its termination under section 8.
(5) Meetings.--The Commission--
(A) shall have its headquarters in the District of
Columbia; and
(B) shall meet at least once each month for a business
session.
(6) Quorum.--Twelve members of the Commission shall
constitute a quorum, but a lesser number may hold hearings.
(7) Chairperson and vice chairperson.--Not later than 15
days after the members of the Commission are appointed, the
members shall designate a Chairperson and Vice Chairperson of
the Commission.
(8) Vacancies.--A vacancy in the Commission shall be filled
not later than 30 days after the Commission is informed of
the vacancy in the manner in which the original appointment
was made.
(9) Compensation.--
(A) No pay, allowance, or benefit.--Members of the
Commission shall receive no pay, allowances, or benefits by
reason of their service on the Commission.
(B) Travel expenses.--A member of the Commission shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of
title 5, United States Code.
SEC. . DUTIES.
The Commission shall--
(1) review the effectiveness of traditional criminal
justice approaches in preventing and controlling crime and
violence;
(2) examine the impact that changes to Federal and State
law have had in controlling crime and violence;
(3) examine the impact of changes in Federal immigration
laws and policies and increased development and growth along
United States international borders on crime and violence in
the United States, particularly among our Nation's youth;
(4) examine the problem of youth gangs and provide
recommendations on how to reduce youth involvement in violent
crime;
(5) examine the extent to which assault weapons and high
power firearms have contributed to violence and murder in the
United States;
(6) convene hearings in various parts of the country to
receive testimony from a cross section of criminal justice
professionals, business leaders, elected officials, medical
doctors, and other citizens that wish to participate;
(7) review all segments of the criminal justice system,
including the law enforcement, prosecution, defense,
judicial, corrections components, in developing the crime
control and antiviolence plan;
(8) develop a comprehensive and effective crime control and
antiviolence plan that will serve as a blueprint for action
in the 1990's;
(9) bring attention to successful models and programs in
crime prevention, crime control, and antiviolence;
(10) reach out beyond the traditional criminal justice
community for ideas when developing the comprehensive crime
control and antiviolence plan;
(11) recommend improvements in the coordination of Federal,
State, local, and international border crime control efforts;
(12) make a comprehensive study of the economic and social
factors leading to or contributing to crime and violence and
specific proposals for legislative and administrative actions
to reduce crime and violence and the elements that contribute
to crime and violence; and
(13) recommend means of allocating finite correctional
facility space and resources to the most serious and violent
offenders, with the goal of achieving the most cost-effective
crime control and protection of the community and public
safety, after--
(A) examining the issue of disproportionate incarceration
rates among black males and any other minority group
disproportionately represented in Federal and State
correctional populations; and
(B) considering increased use of alternatives to
incarceration that offer a reasonable prospect of equal or
better crime control at equal or less cost than
incarceration.
SEC. . STAFF AND SUPPORT SERVICES.
(a) Director.--
[[Page 615]]
(1) Appointment.--After consultation with the members of
the Commission, the Chairperson shall appoint a director of
the Commission (referred to as the ``Director'').
(2) Compensation.--The Director shall be paid at a rate not
to exceed the rate of basic pay for level V of the Executive
Schedule.
(b) Staff.--With the approval of the Commission, the
Director may appoint such personnel as the Director considers
to be appropriate.
(c) Civil Service Laws.--The staff of the Commission shall
be appointed without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service and shall be paid without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates.
(d) Experts and Consultants.--With the approval of the
Commission, the Director may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code.
(e) Staff of Federal Agencies.--Upon the request of the
Commission, the head of any Federal agency may detail, on a
reimbursable basis, personnel of that agency to the
Commission to assist in carrying out its duties.
(f) Physical Facilities.--The Administrator of the General
Services Administration shall provide suitable office space
for the operation of the Commission. The facilities shall
serve as the headquarters of the Commission and shall include
all necessary equipment and incidentals required for proper
functioning.
SEC. . POWERS.
(a) Hearings.--The Commission may conduct public hearings
or forums at its discretion, at any time and place it is able
to secure facilities and witnesses, for the purpose of
carrying out its duties.
(b) Delegation of Authority.--Any member or agent of the
Commission may, if authorized by the Commission, take any
action that the Commission is authorized to take by this
section.
(c) Information.--The Commission may secure from any
Federal agency or entity in the executive or legislative
branch such materials, resources, statistical data, and other
information as is necessary to enable it to carry out this
Act. Upon request of the Chairperson or Vice Chairperson of
the Commission, the head of a Federal agency or entity shall
furnish the information to the Commission to the extent
permitted by law.
(d) Gifts, Bequests, and Devises.--The Commission may
accept, use, and dispose of gifts, bequests, or devises of
services or property, both real and personal, for the purpose
of aiding or facilitating the work of the Commission. Gifts,
bequests, or devises of money and proceeds from sales of
other property received as gifts, bequests, or devises shall
be deposited in the Treasury and shall be available for
disbursement upon order of the Commission.
(e) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
Federal agencies.
SEC. . REPORTS.
(a) Monthly Reports.--The Commission shall submit monthly
activity reports to the President and the Congress.
(b) Interim Report.--Not later than 1 year before the date
of its termination, the Commission shall submit an interim
report to the President and the Congress containing--
(1) a detailed statement of the findings and conclusions of
the Commission;
(2) recommendations for legislative and administrative
action based on the Commission's activities to date;
(3) an estimation of the costs of implementing the
recommendations made by the Commission; and
(4) a strategy for disseminating the report to Federal,
State, and local authorities.
(c) Final Report.--Not later than the date of its
termination, the Commission shall submit to the Congress and
the President a final report with a detailed statement of
final findings, conclusions, recommendations, and estimation
of costs and an assessment of the extent to which
recommendations included in the interim report under
subsection (b) have been implemented.
(d) Printing and Public Distribution.--Upon receipt of each
report of the Commission under this section, the President
shall--
(1) order the report to be printed; and
(2) make the report available to the public.
SEC. . TERMINATION.
The Commission shall terminate on the date that is 2 years
after the date on which members of the Commission have met
and designated a Chairperson and Vice Chairperson.
Page 115, line 13, after ``Secretary of Agriculture''
insert ``Secretary of the Interior,''.
At page 386, after line 16, add the following new title:
TITLE XXIV--MISCELLANEOUS
SEC. 24 . EDWARD BYRNE MEMORIAL FORMULA GRANT PROGRAM.
Nothing in this Act shall be construed to prohibit or
exclude the expenditure of appropriations to grant recipients
who would have been or are eligible to receive grants under
subpart 1 of part E of the Omnibus Crime Control and Safe
Streets Act of 1968.
Page 233, after line 8, insert the following new subtitle:
Subtitle L--Urban Recreation and At-Risk Youth
SEC. 1099. FINDINGS.
Section 1002 of the Urban Park and Recreation Recovery Act
of 1978 is amended by striking ``and'' at the end of
subsection (d), by striking the period at the end of
subsection (e) and inserting ``; and'' and by adding the
following at the end thereof:
``(f) the quality of life in urban areas has suffered
because of decline in the availability of park and recreation
systems, including land, facilities, and services;
``(g) the deterioration of urban park and recreation
facilities is due in part to the underfunding of Federal
grant programs intended to assist in the revitalization of
urban recreation facilities and allow us to take back our
parks from crime, vandalism, and dilapidation;
``(h) the urban neighborhoods eligible for assistance under
this title have deteriorated, in part, due to the rapid
increase in violent crime among youth;
``(i) accessible, well-maintained recreational facilities
and services have been shown to significantly decrease the
incidence of violent crime among youth and can be an
effective tool in efforts to prevent crime, increase public
safety and improve the quality of life of urban residents;
and
``(j) urban sport and recreation programs teach important
values and life skills including teamwork, individual
responsibility, respect, leadership, and self-esteem which
help prevent young people form engaging in criminal
behavior.''.
SEC. 1099A. PURPOSE OF ASSISTANCE.
Section 1003 of the Urban Park and Recreation Recovery Act
of 1978 is amended by adding the following at the end
thereof: ``It is further the purpose of this title to improve
recreation facilities and expand recreation services in urban
areas with a high incidence of crime and to help deter crime
through the expansion of recreation opportunities for at-risk
youth. It is the further purpose of this section to increase
the security of urban parks and to promote collaboration
between local agencies involved in parks and recreation, law
enforcement, youth social services, and the juvenile justice
system.''.
SEC. 1099B. DEFINITIONS.
Section 1004 of the Urban Park and Recreation Recovery Act
of 1978 is amended by inserting the following new subsection
after subsection (c) and by redesignating subsections (d)
through (j) as (e) through (k) respectively:
``(d) `at-risk youth recreation grants' means--
``(1) rehabilitation grants,
``(2) innovation grants, or
``(3) matching grants for continuing program support for
programs of demonstrated value or success in providing
constructive alternatives to youth at risk for engaging in
criminal behavior, including grants for operating, or
coordinating recreation programs and services;
in neighborhoods and communities with a high prevalence of
crime, particularly violent crime or crime committed by
youthful offenders, in addition to the purposes specified in
subsection (b), rehabilitation grants referred to in
paragraph (1) of this subsection may be used for the
provision of lighting, emergency phones or other capital
improvements which will improve the security of urban
parks;''.
SEC. 1099C. CRITERIA FOR SELECTION.
Section 1005 of the Urban Park and Recreation Recovery Act
of 1978 is amended by striking ``and'' at the end of
paragraph (6), by striking the period at the end of paragraph
(7) and inserting ``; and'' and by adding the following at
the end thereof:
``(8) in the case of at-risk youth recreation grants, the
Secretary shall give a priority to each of the following
criteria:
``(A) Programs which are targeted to youth who are at the
greatest risk of becoming involved in violence and crime.
``(B) Programs which teach important values and life
skills, including teamwork, respect, leadership, and self-
esteem.
``(C) Programs which offer tutoring, remedial education,
mentoring, and counseling in addition to recreation
opportunities;
``(D) Programs which offer services during late night or
other nonschool hours.
``(E) Programs which demonstrate collaboration between
local park and recreation, juvenile justice, law enforcement,
and youth social service agencies and nongovernmental
entities, including the private sector and community and
nonprofit organizations.
``(F) Programs which leverage public or private recreation
investments in the form of services, materials, or cash.
``(G) Programs which show the greatest potential of being
continued with non-Federal funds or which can serve as models
for other communities.''.
SEC. 1099D. PARK AND RECREATION ACTION RECOVERY PROGRAMS.
Section 1007(b) of the Urban Park and Recreation Recovery
Act of 1978 is amended by adding the following at the end
thereof: ``In order to be eligible to receive `at-risk youth
recreation grants' a local government shall amend its 5-year
action program to incorporate the goal of reducing crime and
juvenile delinquency and to provide a description of the
implementation strategies to achieve this goal. The plan
shall also address how the local government is coordinating
its recreation programs with crime prevention efforts of law
enforcement, juvenile corrections, and youth social service
agencies.''.
SEC. 1099E. MISCELLANEOUS AND TECHNICAL AMENDMENTS.
(a) Program Support.--Section 1013 of the Urban Park and
Recreation Recovery Act of 1978 is amended by inserting ``(a)
In Gen-
[[Page 616]]
eral.--'' after ``1013'' and by adding the following new
subsection at the end thereof:
``(b) Program Support.--Not more than 25 percent of the
amounts made available under this title to any local
government may be used for program support.''
(b) Extension.--Section 1003 of the Urban Park and
Recreation Recovery 1978 is amended by striking ``for a
period of five years'' and by striking ``short-term''.
Add at the appropriate place in the bill the following:
SEC. . FUNDING FOR RURAL AREAS.
It is the sense of Congress that--
(1) the Attorney General should ensure that funding for
programs in this Act is distributed such that rural areas
continue to receive comparable support for their broad-based
crime fighting initiatives;
(2) rural communities should not receive less funding than
they receive in fiscal year 1994 for anti-crime initiatives
as a result of any legislative or administrative actions; and
(3) to the maximum extent possible, funding for the Edward
Byrne Memorial State and Local Law Enforcement Assistance
Program should be maintained at its fiscal year 1994 level.
Page 33, line 18, after ``includes'' insert ``appropriate
professional training for corrections officers in dealing
with violent repeat offenders,''.
Page 34, after line 16, insert the following:
(c) Consideration.--The Attorney General, in making such
grants, shall give consideration to the special burden placed
on States which incarcerate a substantial number of inmates
who are in the United States illegally.
Page 34, line 17, strike ``(c)'' and insert ``(d)''.
Page 117, line 23, strike ``Resources'' and insert
``Services''.
Page 134, line 21, strike ``or'' the second place it
appears and insert ``a''.
Page 154, line 18, strike ``of'' and insert ``to''.
Page 165, beginning in line 13, strike ``sections 1065
and'' and insert ``section''.
Page 166, line 23, strike ``or Triad program''.
Page 167, line 12, strike ``Triad''.
Page 167, line 20, strike ``Triad endeavors'' and insert
``the program''.
Page 167, line 24, strike ``Triad'' and insert
``program's''.
Page 169, line 4, strike ``Triad''.
Page 170, line 24, strike ``Triad''.
Page 221, line 10, insert ``Youth'' before ``Employment''.
Page 222, line 18, strike ``youth age 14 to 15'' and insert
``youths of age 14 or 15''.
Page 225, line 15, strike ``youth'' and insert ``young''.
Page 226, line 10, strike ``youth'' and insert ``youths''.
Page 226, line 16, strike ``youth'' and insert ``youths''.
At the end of the bill, insert the following new title:
TITLE --RURAL CRIME
Subtitle A--Drug Trafficking in Rural Areas
SEC. . AUTHORIZATIONS FOR RURAL LAW ENFORCEMENT AGENCIES.
(a) Authorization of Appropriations.--Section 1001(a)(9) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 is amended to read as follows:
``(9) There are authorized to be appropriated to carry out
part O $50,000,000 for each of fiscal years 1994, 1995, 1996,
1997, and 1998.''.
(b) Amendment to Base Allocation.--Section 1501(a)(2)(A) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 is amended by striking ``$100,000'' and insert
``$250,000''.
SEC. . RURAL CRIME AND DRUG ENFORCEMENT TASK FORCES.
(a) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Attorney General, in
consultation with the Governors, mayors, and chief executive
officers of State and local law enforcement agencies, shall
establish a Rural Crime and Drug Enforcement Task Force in
each of the Federal judicial districts which encompass
significant rural lands. Assets seized as a result of
investigations initiated by a Rural Drug Enforcement Task
Force shall be used primarily to enhance the operations of
the task force and its participating State and local law
enforcement agencies.
(b) Task Force Membership.--The task forces established
under subsection (a) shall be chaired by the United States
Attorney for the respective Federal judicial district. The
task forces shall include representatives from--
(1) State and local law enforcement agencies;
(2) the Drug Enforcement Administration;
(3) the Federal Bureau of Investigation;
(4) the Immigration and Naturalization Service;
(5) the Customs Service;
(6) the United States Marshals Service; and
(7) law enforcement officers from the United States Park
Police, United States Forest Service and Bureau of Land
Management, and such other Federal law enforcement agencies
as the Attorney General may direct.
SEC. . CROSS-DESIGNATION OF FEDERAL OFFICERS.
(a) In General.--The Attorney General may cross-designate
up to 100 law enforcement officers from each of the agencies
specified under section 1502(b)(6) of the Omnibus Crime
Control and Safe Streets Act of 1968 with jurisdiction to
enforce the provisions of the Controlled Substances Act on
non-Federal lands and title 18 of the United States Code to
the extent necessary to effect the purposes of this Act.
(b) Adequate Staffing.--The Attorney General shall, subject
to the availability of appropriations, ensure that each of
the task forces established in accordance with this title are
adequately staffed with investigators and that additional
investigators are provided when requested by the task force.
SEC. . RURAL DRUG ENFORCEMENT TRAINING.
(a) Specialized Training for Rural Officers.--The Director
of the Federal Law Enforcement Training Center shall develop
a specialized course of instruction developed to training law
enforcement officers from rural agencies in the investigation
of drug trafficking and related crimes.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to carry out subsection (a) $1,000,000 for
each of fiscal years 1994, 1995, 1996, 1997, and 1998.
SEC. . MORE AGENTS FOR THE DRUG ENFORCEMENT ADMINISTRATION.
There are authorized to be appropriated for the hiring of
additional Drug Enforcement Administration agents $20,000,000
for each of fiscal years 1994, 1995, 1996, 1997, and 1998.
Subtitle B--Drug Free Truck Stops and Safety Rest Areas
SEC. . DRUG FREE TRUCK STOPS AND SAFETY REST AREAS.
(a) Short Title.--This section may be cited as the ``Drug
Free Truck Stop Act''.
(b) Amendment to Controlled Substances Act.--
(1) In general.--Part D of the Controlled Substances Act
(21 U.S.C. 801 et seq.) is amended by inserting after section
408 the following new section:
``transportation safety offenses
``Sec. 409. (a) Definitions.--In this section--
`` `safety rest area' means a roadside facility with
parking facilities for the rest or other needs of motorists.
`` `truck stop' means a facility (including any parking lot
appurtenant thereto) that--
``(A) has the capacity to provide fuel or service, or both,
to any commercial motor vehicle (as defined under section
12019 of the Commercial Motor Vehicle Safety Act of 1986 (49
U.S.C. App. 2716)) operating in commerce (as defined in that
section); and
``(B) is located within 2,500 feet of the National System
of Interstate and Defense Highways or the Federal-Aid Primary
System.
``(b) First Offense.--A person who violates section
401(a)(1) or section 416 by distributing or possessing with
intent to distribute a controlled substance in or on, or
within 1,000 feet of, a truck stop or safety rest area is
(except as provided in subsection (b)) subject to--
``(1) twice the maximum punishment authorized by section
401(b); and
``(2) twice any term of supervised release authorized by
section 401(b) for a first offense.
``(c) Subsequent Offense.--A person who violates section
401(a)(1) or section 416 by distributing or possessing with
intent to distribute a controlled substance in or on, or
within 1,000 feet of, a truck stop or a safety rest area
after a prior conviction or convictions under subsection (a)
have become final is subject to--
``(1) 3 times the maximum punishment authorized by section
401(b); and
``(2) 3 times any term of supervised release authorized by
section 401(b) for a first offense.''.
(2) Technical amendments.--
(A) Cross reference.--Section 401(b) of the Controlled
Substances Act (21 U.S.C. 841(b)) is amended by inserting
``409,'' before ``418,'' each place it appears.
(B) Table of contents.--The table of contents of the
Comprehensive Drug Abuse Prevention and Control Act of 1970
is amended by striking the item relating to section 409 and
inserting the following new item:
``Sec. 409. Transportation safety offenses.''.
(c) Sentencing Guidelines.--Pursuant to its authority under
section 994 of title 28, United States Code, and section 21
of the Sentencing Act of 1987 (28 U.S.C. 994 note), the
United States Sentencing Commission shall promulgate
guidelines, or shall amend existing guidelines, to provide an
appropriate enhancement of punishment for a defendant
convicted of violating section 409 of the Controlled
Substances Act, as added by subsection (b).
Subtitle C--Rural Domestic Violence and Child Abuse Enforcement
SEC. . RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT
ASSISTANCE.
(a) Grants.--The Attorney General may make grants to units
of State and local governments of rural States, and to other
public or private entities of rural States--
(1) to implement, expand, and establish cooperative efforts
and projects between law enforcement officers, prosecutors,
victim advocacy groups, and other related parties to
investigate and prosecute incidents of domestic violence and
child abuse;
(2) to provide treatment and counseling to victims of
domestic violence and child abuse; and
(3) to work in cooperation with the community to develop
education and prevention strategies directed toward such
issues.
(b) Definition.--In this section, ``rural State'' has the
meaning stated in section 1501(b) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796bb(B)).
(c) Authorization of Appropriations.--
[[Page 617]]
(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000 for each of fiscal years
1995, 1996, and 1997.
(2) Additional funding.--In addition to funds received
under a grant under subsection (a), a law enforcement agency
may use funds received under a grant under section 103 to
accomplish the objectives of this section.
Add at the end of title X the following:
TITLE --BOYS AND GIRLS CLUBS IN PUBLIC HOUSING
SEC. 1. ESTABLISHMENT.
The Secretary for Housing and Urban Development, in
consultation with the Attorney General, shall enter into
contracts with the Boys and Girls Clubs of America, a
national nonprofit youth organization to establish Boys and
Girls Clubs in public housing.
SEC. 2. REPORT.
By May 1 of each fiscal year for which funds for this
section are provided, the Secretary of Housing and Urban
Development shall submit a report to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the
Committee on Banking, Finance and Urban Affairs of the House
of Representatives that details the progress of establishing
boys and girls clubs in public housing and the effectiveness
of the programs in reducing drug abuse and gang violence.
SEC. 3. AUTHORIZATION OF APPROPRIATION.
There are authorized to be appropriated the following sums
to carry out this section--
(1) $12,000,000 for fiscal year 1995;
(2) 12,000,000 for fiscal year 1996; and
(3) 12,000,000 for fiscal year 1997.
At the end, add the following:
TITLE --PENALTIES FOR TRAFFICKING IN COUNTERFEIT GOODS AND SERVICES
SEC. . PENALTIES FOR TRAFFICKING IN COUNTERFEIT GOODS AND
SERVICES.
Section 2320(a) of title 18, United States Code, is
amended--
(1) in the first sentence--
(A) by striking ``$250,000 or imprisoned not more than five
years'' and inserting ``$2,000,000 or imprisoned not more
than 10 years''; and
(B) by striking ``$1,000,000'' and inserting
``$5,000,000'';
(2) in the second sentence--
(A) by striking ``$1,000,000 or imprisoned not more than
fifteen years'' and inserting ``$5,000,000 or imprisoned not
more than 20 years''; and
(B) by striking ``$5,000,000'' and inserting
``$15,000,000'';
At the end of the bill add the following:
TITLE --MILITARY MEDALS AND DECORATIONS
SEC.
That section 704 of title 18, United States Code, is
amended--
(1) by inserting ``(a)'' before ``Whoever'';
(2) by striking ``not more than $250'' and inserting
``under this title''; and
(3) by adding at the end the following:
``(b)(1) If the decoration or medal involved in an offense
under subsection (a) of this section is a Congressional Medal
of Honor, in lieu of the punishment provided in such
subsection the offender shall be fined under this title or
imprisoned not more than one year, or both.
``(2) As used in subsection (a) of this section with
respect to a Congressional Medal of Honor, the term `sells'
includes trades, barters, or exchanges for anything of value.
``(3) As used in this subsection, the term `Congressional
Medal of Honor' is a medal awarded under section 3741 of
title 10.''.
At the end of title 10, insert the following:
Subtitle --Community-Based Justice Grants for Local Prosecutors
SEC. . GRANT AUTHORIZATION.
The Attorney General may make grants to local prosecutors
for the purpose of supporting the creation or expansion of
community-based justice programs.
SEC. . USE OF FUNDS.
Grants made by the Attorney General under this section
shall be used--
(1) to fund programs that require the cooperation and
coordination of prosecutors, school officials, police,
probation officers, youth and social service professionals,
and community members in the effort to reduce the incidence
of, and increase the successful identification and speed of
prosecution of, young violent offenders;
(2) to fund programs in which prosecutors focus on the
offender, not simply the specific offense, and impose
individualized sanctions, designed to deter that offender
from further antisocial conduct, and impose increasingly
serious sanctions on a young offender who continues to commit
offenses; and
(3) to fund programs that coordinate criminal justice
resources with educational, social service, and community
resources to develop and deliver violence prevention
programs, including mediation and other conflict resolution
methods, treatment, counselling, educational, and
recreational programs that create alternatives to criminal
activity.
SEC. APPLICATIONS.
(a) Eligibility.--In order to be eligible to receive a
grant under this part for any fiscal year, a local
prosecutor, in conjunction with the mayor from the
jurisdiction in which the program will be placed, shall
submit an application to the Attorney General in such form
and containing such information as the Attorney General may
reasonably require.
(b) Requirements.--Each applicant shall include--
(1) a request for funds for the purposes described in
section ;
(2) a description of the communities to be served by the
grant, including the nature of the youth crime and violence
problems within such communities;
(3) assurances that Federal funds received under this part
shall be used to supplement, not supplant, non-Federal funds
that would otherwise be available for activities funded under
this section; and
(4) statistical information in such form and containing
such information that the Attorney General may require.
(c) Comprehensive Plan.--Each applicant shall include a
comprehensive plan that shall contain--
(1) a description of the youth violent crime problem;
(2) an action plan outlining how the applicant will achieve
the purposes as described in section 1;
(3) a description of the resources available in the
community to implement the plan together with a description
of the gaps in the plan that cannot be filled with existing
resources; and
(4) a description of how the requested grant will be used
to fill gaps.
SEC. . ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS.
(a) Administrative Cost Limitation.--The Attorney General
shall use not more than 5 percent of the funds available
under this program for the purposes of administration and
technical assistance.
(b) Renewal of Grants.--A grant under this part may be
renewed for up to 2 additional years after the first fiscal
year during which the recipient receives its initial grant
under this part, subject to the availability of funds, if--
(1) the Attorney General determines that the funds made
available to the recipient during the previous year were used
in a manner required under the approved application; and
(2) the Attorney General determines that an additional
grant is necessary to implement the community prosecution
program described in the comprehensive plan required by
section 2.
SEC. . AWARD OF GRANTS.
The Attorney General shall consider the following factors
in awarding grants:
(1) Demonstrated need and evidence of the ability to
provide the services described in the plan required under
section .
(2) The Attorney General shall attempt, to the extent
practicable, to achieve an equitable geographic distribution
of grant awards.
SEC. . REPORTS.
(a) Report to Attorney General.--Local prosecutors that
receive funds under this shall submit to the Attorney
General a report not later than March 1 of each year that
describes progress achieved in carrying out the plan
described under section 2(c).
(b) Report to Congress.--The Attorney General shall submit
to the Congress a report by October 1 of each year in which
grants are made available under this which shall contain a
detailed statement regarding grant awards, activities of
grant recipients, a compilation of statistical information
submitted by applicants, and an evaluation of programs
established under this .
SEC. . AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $20,000,000 for
each of the fiscal years 1995 through 1999 to carry out the
purposes of this .
SEC. . DEFINITIONS.
The term ``young violent offender'' means individuals, ages
7-22, who have committed crimes of violence, weapons
offenses, drug distribution, hate crimes and civil rights
violations, and offenses against personal property of
another.
At the end of the bill add the following (and make such
technical and conforming changes as may be necessary):
TITLE XXIV--AGE DISCRIMINATION IN EMPLOYMENT
SEC. 2401. REENACTMENT OF SUBSECTION WITH AN AMENDMENT.
(A) Reenactment.--Section 4(j) of the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 623(j)) as in effect
immediately before December 31, 1993, is hereby reenacted.
(b) Amendment.--Section 4(j) of the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 623(j)), as reenacted by
subsection (a) of this section, is amended by striking
``attained the age'' and all that follows through ``1983,
and'', and inserting the following:
``attained--
``(A) the age of hiring or retirement in effect under
applicable State or local law on March 3, 1983; or
``(B) if the age of retirement was not in effect under
applicable State or local law on March 3, 1983, 55 years of
age; and''.
(c) Retroactivity.--Subsections (a) and (b) shall take
effect immediately after the operation of section 3(b) of the
Age Discrimination in Employment Amendments of 1986 (Public
Law 99-592; 29 U.S.C. 523 note).
SEC. 2402. STUDY AND GUIDELINES FOR PERFORMANCE TESTS.
(a) Study.--Not later than 3 years after the date of
enactment of this Act, the Chairman of the Equal Employment
Opportunity Commission (in this section referred to as ``the
Chairman'') shall conduct, directly or by contract, a study
that will include--
(1) a list and description of all tests available for the
assessment of abilities important for completion of public
safety tasks
[[Page 618]]
performed by law enforcement officers and firefighters,
(2) a list of such public safety tasks for which adequate
tests do not exist,
(3) a description of the technical characteristics that
performance tests must meet to be compatible with applicable
Federal civil rights Acts and policies,
(4) a description of the alternative methods available for
determining minimally acceptable performance standards on the
tests described in paragraph (1),
(5) a description of the administrative standards that
should be met in the administration, scoring, and score
interpretation of the tests described in paragraph (1), and
(6) an examination of the extent to which the tests
described in paragraph (1) are cost effective, safe, and
comply with Federal civil rights Acts and regulations.
(b) Advisory Guidelines.--Not later than 4 years after the
date of enactment of this Act, the Chairman shall develop and
issue, based on the results of the study required by
subsection (a), advisory guidelines for the administration
and use of physical and mental fitness tests to measure the
ability and competency of law enforcement officers and
firefighters to perform the requirements of their jobs.
(c) Consultation Requirement; Opportunity for Public
Comment.--(1) The Chairman shall, during the conduct of the
study required by subsection (a), consult with--
(A) the United States Fire Administration,
(B) the Federal Emergency Management Agency,
(C) organizations that represent law enforcement officers,
firefighters, and their employers, and
(D) organizations that represent older individuals.
(2) Before issuing the advisory guidelines required in
subsection (b), the Chairman shall allow for public comment
on the proposed guidelines.
(d) Development of Standards for Wellness Programs.--Not
later than 2 years after the date of the enactment of this
Act, the Chairman shall propose advisory standards for
wellness programs for law enforcement officers and
firefighters.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000.
Page 34, line 12, strike ``; and'' and insert a semicolon,
in line 16 strike the period and insert a semicolon, and
after line 16 insert the following:
(8) assurances that the State or States have implemented,
or will implement within 18 months after the date of the
enactment of this Act, policies to determine the veteran
status of inmates and to ensure that incarcerated veterans
receive the veterans benefits to which they are entitled.
Page 233, after line 8, insert the following:
SEC. . EXTENSION OF BYRNE GRANT FUNDING.
There are authorized to be appropriated such sums as may be
necessary for each of the fiscal years 1995, 1996, 1997,
1998, and 1999, to carry out the programs under parts D and E
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968.
Page 233, after line 8, add the following:
SEC. . BENEFITS FOR CHAPLAINS.
(a) In General.--Section 1204 of the Omnibus Crime Control
and Safe Streets Act of 1968 is amended--
(1) by redesignating paragraphs (2) through (7) as (3)
through (8), respectively;
(2) by inserting after paragraph (1) the following:
``(2) chaplain means any individual serving as an
officially recognized or designated member of a legally
organized volunteer fire department or legally organized
police department, or an officially recognized or designated
public employee of a legally organized fire or police
department who was responding to a fire, rescue, or police
emergency.''; and
(3) in paragraph (8), as redesignated by paragraph (1) of
this Act, by striking ``or rescue squad or ambulance crew''
and inserting ``rescue squad or ambulance crew, or
chaplain''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of enactment of this Act and
shall apply to injuries or deaths that occur in the line of
duty on or after such date.
It was decided in the
Yeas
395
<3-line {>
affirmative
Nays
25
Para. 33.5 [Roll No. 104]
AYES--395
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Bryant
Bunning
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Faleomavaega (AS)
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Gordon
Goss
Grams
Green
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hansen
Harman
Hastert
Hastings
Hefley
Hefner
Herger
Hilliard
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Porter
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roth
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stenholm
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
NOES--25
Archer
Armey
Barton
Burton
Coble
Condit
Cox
Crane
DeLay
Duncan
Fields (TX)
Gekas
Goodling
Hancock
Johnson, Sam
Penny
Petri
Rohrabacher
Schaefer
Sensenbrenner
Stearns
Stump
Taylor (NC)
Walker
Zimmer
NOT VOTING--17
Bacchus (FL)
Brown (CA)
Brown (OH)
Fish
Gallo
Grandy
Greenwood
Hayes
Hinchey
Johnson (GA)
Neal (NC)
Portman
Rangel
Roukema
Stark
Washington
Whitten
So the amendments en bloc were agreed to.
The SPEAKER pro tempore, Mr. MAZZOLI, assumed the Chair.
When Mr. TORRICELLI, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
Para. 33.6 unfinished business--approval of the journal
The SPEAKER pro tempore, Mr. MAZZOLI, pursuant to clause 5, rule I,
announced the unfinished business to be the question on agreeing to the
Chair's approval of the Journal of Wednesday, April 13, 1994.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
[[Page 619]]
Mr. SOLOMON demanded a recorded vote on agreeing to the Chair's
approval of the Journal, which demand was supported by one-fifth of a
quorum, so a recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
237
<3-line {>
affirmative
Nays
158
Para. 33.7 [Roll No. 105]
AYES--237
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Bevill
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Byrne
Cantwell
Cardin
Chapman
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Engel
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Holden
Houghton
Hoyer
Hughes
Inglis
Inslee
Jefferson
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Livingston
Lloyd
Long
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Myers
Nadler
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Orton
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickle
Pombo
Pomeroy
Poshard
Price (NC)
Rahall
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sarpalius
Sawyer
Schenk
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Visclosky
Volkmer
Watt
Wheat
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOES--158
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Barrett (NE)
Bartlett
Barton
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clay
Coble
Collins (GA)
Cox
Crane
Crapo
Cunningham
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gilchrest
Gingrich
Goodlatte
Goodling
Goss
Grams
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Huffington
Hunter
Hutchinson
Hyde
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Murphy
Nussle
Oxley
Packard
Paxon
Petri
Porter
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Saxton
Schaefer
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--37
Applegate
Bacchus (FL)
Baesler
Ballenger
Berman
Bilbray
Brown (CA)
Bryant
Carr
DeLay
Dellums
Edwards (TX)
Fish
Gallo
Gekas
Grandy
Greenwood
Hochbrueckner
Hutto
Johnson (GA)
Lowey
McMillan
Neal (NC)
Owens
Pickett
Portman
Rangel
Roukema
Sangmeister
Stark
Synar
Vento
Washington
Waters
Waxman
Whitten
Williams
So the Journal was approved.
Para. 33.8 crime control
The SPEAKER pro tempore, Mr. CLYBURN, pursuant to House Resolution 401
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 4092) to control and prevent crime.
Mr. TORRICELLI, Chairman of the Committee of the Whole, resumed the
chair; and after some time spent therein,
Para. 33.9 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. WATT:
Page 36, line 11, insert ``or'' after the semicolon.
Page 37, strike line 12 and all that follows through line 7
on page 38.
Yeas
108
It was decided in the
Nays
316
<3-line {>
negative
Answered present
1
Para. 33.10 [Roll No. 106]
AYES--108
Andrews (ME)
Barca
Barrett (WI)
Becerra
Berman
Blackwell
Bonior
Boucher
Brooks
Brown (CA)
Brown (OH)
Clay
Clayton
Clyburn
Collins (IL)
Collins (MI)
Conyers
Coyne
DeFazio
Dellums
Dixon
Edwards (CA)
Ehlers
Engel
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Flake
Ford (MI)
Frank (MA)
Furse
Gonzalez
Hamburg
Hastings
Hilliard
Hinchey
Hoekstra
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson, E. B.
Johnston
Kildee
Kleczka
Klug
Kopetski
LaFalce
Levin
Lewis (GA)
Lowey
Maloney
Mann
Markey
Mazzoli
McDermott
McKinney
McNulty
Meek
Mfume
Miller (CA)
Mineta
Mink
Mollohan
Nadler
Norton (DC)
Oberstar
Obey
Olver
Payne (NJ)
Pelosi
Penny
Rose
Roybal-Allard
Rush
Sabo
Sanders
Scott
Serrano
Sharp
Skaggs
Slaughter
Smith (IA)
Smith (NJ)
Stark
Stokes
Studds
Swift
Synar
Thompson
Towns
Tucker
Underwood (GU)
Unsoeld
Velazquez
Vento
Visclosky
Waters
Watt
Wise
Woolsey
Wynn
Yates
Young (AK)
NOES--316
Abercrombie
Allard
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barlow
Barrett (NE)
Bartlett
Barton
Bateman
Beilenson
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Borski
Brewster
Browder
Brown (FL)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clement
Clinger
Coble
Coleman
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeLauro
DeLay
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dooley
Doolittle
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Emerson
English
Everett
Faleomavaega (AS)
Fawell
Fields (TX)
Fingerhut
Foglietta
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Frost
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hoagland
Hobson
Hochbrueckner
Hoke
Holden
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kim
[[Page 620]]
King
Kingston
Klein
Klink
Knollenberg
Kolbe
Kreidler
Kyl
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Machtley
Manton
Manzullo
Margolies-Mezvinsky
Martinez
Matsui
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McMillan
Meehan
Menendez
Meyers
Mica
Michel
Miller (FL)
Minge
Moakley
Molinari
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Neal (MA)
Neal (NC)
Nussle
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rostenkowski
Rowland
Royce
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Sensenbrenner
Shaw
Shays
Shepherd
Shuster
Sisisky
Skeen
Skelton
Slattery
Smith (MI)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Strickland
Stump
Stupak
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thornton
Thurman
Torkildsen
Torres
Torricelli
Traficant
Upton
Valentine
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wheat
Whitten
Williams
Wilson
Wolf
Wyden
Young (FL)
Zeliff
Zimmer
ANSWERED ``PRESENT''--1
Owens
NOT VOTING--12
Ackerman
Dornan
Ewing
Fish
Gallo
Grandy
Gutierrez
Rangel
Roth
Roukema
Washington
Waxman
So the amendment was not agreed to.
After some further time,
Para. 33.11 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. KOPETSKI:
At the end of title VII, insert the following:
SEC. . SUBSTITUTION OF PENALTY OF LIFE IMPRISONMENT FOR
DEATH PENALTY.
Notwithstanding any other provision of law, wherever a
Federal law provides for the imposition of the penalty of
death, the court shall instead impose the penalty of
imprisonment for life.
It was decided in the
Yeas
111
<3-line {>
negative
Nays
314
Para. 33.12 [Roll No. 107]
AYES--111
Abercrombie
Ackerman
Andrews (ME)
Barca
Barrett (WI)
Becerra
Berman
Blackwell
Bonior
Brown (CA)
Brown (OH)
Clay
Clayton
Clyburn
Collins (IL)
Collins (MI)
Conyers
Coyne
Dellums
Dixon
Edwards (CA)
Ehlers
Engel
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Flake
Ford (MI)
Ford (TN)
Frank (MA)
Furse
Gejdenson
Gonzalez
Goodling
Gutierrez
Hamburg
Hamilton
Hastings
Hilliard
Hinchey
Hoekstra
Jacobs
Jefferson
Johnson, E. B.
Kildee
Kleczka
Klug
Kopetski
LaFalce
Levin
Lewis (GA)
Lowey
Maloney
Markey
McDermott
McKinney
McNulty
Meek
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Nadler
Neal (MA)
Norton (DC)
Oberstar
Obey
Olver
Owens
Payne (NJ)
Pelosi
Penny
Rahall
Romero-Barcelo (PR)
Roybal-Allard
Rush
Sabo
Sanders
Scott
Serrano
Sharp
Shays
Skaggs
Slaughter
Smith (IA)
Smith (NJ)
Stark
Stokes
Studds
Swift
Thompson
Towns
Tucker
Underwood (GU)
Unsoeld
Velazquez
Vento
Visclosky
Waters
Watt
Waxman
Wheat
Wise
Woolsey
Yates
NOES--314
Allard
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barlow
Barrett (NE)
Bartlett
Barton
Bateman
Beilenson
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clement
Clinger
Coble
Coleman
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
DeLay
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Emerson
English
Everett
Ewing
Faleomavaega (AS)
Fawell
Fields (TX)
Fingerhut
Foglietta
Fowler
Franks (CT)
Franks (NJ)
Frost
Gallegly
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Gordon
Goss
Grams
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hoagland
Hobson
Hochbrueckner
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Johnson (GA)
Johnson (SD)
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kim
King
Kingston
Klein
Klink
Knollenberg
Kolbe
Kreidler
Kyl
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Machtley
Mann
Manton
Manzullo
Margolies-Mezvinsky
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McMillan
Meehan
Menendez
Meyers
Mica
Michel
Miller (FL)
Molinari
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Neal (NC)
Nussle
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Rowland
Royce
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Sensenbrenner
Shaw
Shepherd
Shuster
Sisisky
Skeen
Skelton
Slattery
Smith (MI)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Strickland
Stump
Stupak
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thornton
Thurman
Torkildsen
Torres
Torricelli
Traficant
Upton
Valentine
Volkmer
Vucanovich
Walker
Walsh
Weldon
Williams
Wilson
Wolf
Wyden
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--12
Fish
Gallo
Grandy
Green
Johnson (CT)
Murphy
Pickle
Rangel
Roukema
Synar
Washington
Whitten
So the amendment was not agreed to.
After some further time,
Para. 33.13 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. McCOLLUM:
Page 46, after line 21, insert the following:
``(d) Aggravating Factors for Drug Offense Death Penalty.--
In determining whether to recommend a sentence of death for
an offense described in paragraph (3), (4), or (5) of section
3591, the jury, or if there is no jury, the court, shall
consider any aggravating factor for which notice has been
provided under section 3593 of this title, including the
following factors:
``(1) Previous conviction of offense for which a sentence
of death or life imprisonment was authorized.--The defendant
has previously been convicted of another Federal or State
offense resulting in the death of a person, for which a
sentence of life imprisonment or death was authorized by
statute.
``(2) Previous conviction of other serious offenses.--The
defendant has previously been convicted of two or more
Federal or State offenses, each punishable by a term of
imprisonment of more than one year, committed on different
occasions, involving the importation, manufacture, or
distribution of a controlled substance (as defined in section
102 of the Controlled Substances Act (21 U.S.C. 802)) or the
infliction of, or attempted infliction of, serious bodily
injury or death upon another person.
``(3) Previous serious drug felony conviction.--The
defendant has previously been convicted of another Federal or
State offense involving the manufacture, distribution,
importation, or possession of a controlled substance (as
defined in section 102 of the Controlled Substances Act (21
U.S.C. 802)) for which a sentence of five or more years of
imprisonment was authorized by statute.
``(4) Use of firearm.--In committing the offense, or in
furtherance of a continuing
[[Page 621]]
criminal enterprise of which the offense was a part, the
defendant used a firearm or knowingly directed, advised,
authorized, or assisted another to use a firearm, as defined
in section 921 of this title, to threaten, intimidate,
assault, or injure a person.
``(5) Distribution to persons under twenty-one.--The
offense, or a continuing criminal enterprise of which the
offense was a part, involved conduct proscribed by section
418 of the Controlled Substances Act which was committed
directly by the defendant or for which the defendant would be
liable under section 2 of this title.
``(6) Distribution near schools.--The offense, or a
continuing criminal enterprise of which the offense was a
part, involved conduct proscribed by section 419 of the
Controlled Substances Act which was committed directly by the
defendant or for which the defendant would be liable under
section 2 of this title.
``(7) Using minors in trafficking.--The offense or a
continuing criminal enterprise of which the offense was a
part, involved conduct proscribed by section 420 of the
Controlled Substances Act which was committed directly by the
defendant or for which the defendant would be liable under
section 2 of this title.
``(8) Lethal adulterant.--The offense involved the
importation, manufacture, or distribution of a controlled
substance (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802)), mixed with a potentially
lethal adulterant, and the defendant was aware of the
presence of the adulterant.
Page 51, line 7, strike ``, in the case'' and all that
follows through ``the jury'' in line 14, and insert ``an
aggravating factor required to be considered under section
3592 is found to exist, the jury''.
Yeas
340
It was decided in the
Nays
87
<3-line {>
affirmative
Answered present
1
Para. 33.14 [Roll No. 108]
AYES--340
Abercrombie
Ackerman
Allard
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barlow
Barrett (NE)
Bartlett
Barton
Bateman
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clement
Clinger
Coble
Coleman
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
DeLay
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
English
Everett
Ewing
Faleomavaega (AS)
Fawell
Fazio
Fields (TX)
Fingerhut
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Frost
Gallegly
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hoagland
Hobson
Hochbrueckner
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Machtley
Mann
Manton
Manzullo
Margolies-Mezvinsky
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McMillan
Meehan
Menendez
Meyers
Mica
Michel
Miller (FL)
Minge
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Neal (MA)
Neal (NC)
Nussle
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roth
Rowland
Royce
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Sensenbrenner
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Strickland
Stump
Stupak
Sundquist
Swett
Swift
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thornton
Thurman
Torkildsen
Torres
Torricelli
Traficant
Unsoeld
Upton
Valentine
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wheat
Williams
Wilson
Wise
Wolf
Wyden
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--87
Andrews (ME)
Barca
Barrett (WI)
Becerra
Blackwell
Bonior
Brown (CA)
Brown (OH)
Clay
Clayton
Clyburn
Collins (IL)
Collins (MI)
Conyers
Coyne
Dellums
Dixon
Edwards (CA)
Engel
Eshoo
Evans
Farr
Fields (LA)
Filner
Flake
Foglietta
Frank (MA)
Furse
Gejdenson
Gonzalez
Gutierrez
Hamburg
Hastings
Hilliard
Hinchey
Hoekstra
Hughes
Jacobs
Jefferson
Kildee
Kopetski
Lewis (GA)
Lowey
Maloney
Markey
McDermott
McKinney
McNulty
Meek
Mfume
Miller (CA)
Mineta
Mink
Nadler
Norton (DC)
Oberstar
Obey
Olver
Owens
Payne (NJ)
Pelosi
Reed
Roybal-Allard
Rush
Sabo
Sanders
Scott
Serrano
Sharp
Smith (NJ)
Stark
Stokes
Studds
Synar
Thompson
Towns
Tucker
Underwood (GU)
Velazquez
Vento
Visclosky
Waters
Watt
Waxman
Woolsey
Wynn
Yates
ANSWERED ``PRESENT''--1
Goodling
NOT VOTING--9
Fish
Ford (MI)
Gallo
Grandy
Murphy
Rangel
Roukema
Washington
Whitten
So the amendment was agreed to.
After some further time,
Para. 33.15 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. GEKAS:
Page 48, strike line 1 through line 2.
Page 51, strike line 14 and all that follows through line 3
on page 52 and insert the following:
the jury, or if there is no jury, the court, shall then
consider whether the aggravating factor or factors found to
exist outweigh any mitigating factors. The jury, or if there
is no jury, the court shall recommend a sentence of death if
it unanimously finds at least one aggravating factor and no
mitigating factor or if it finds one or more aggravating
factors which outweigh any mitigating factors. In any other
case, it shall not recommend a sentence of death. The jury
shall be instructed that it must avoid any influence of
sympathy, sentiment, passion, prejudice, or other arbitrary
factors in its decision, and should make such a
recommendation as the information warrants. The jury shall be
instructed that its recommendation concerning a sentence of
death is to be based on the aggravating factor or factors and
any mitigating factors which have been found, but that the
final decision concerning the balance of aggravating and
mitigating factors is a matter for the jury's judgment.
Page 53, beginning in line 3, strike ``or life imprisonment
without possibility of release''.
Yeas
226
It was decided in the
Nays
198
<3-line {>
affirmative
Answered present
1
Para. 33.16 [Roll No. 109]
AYES--226
Allard
Andrews (NJ)
Applegate
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Brewster
Browder
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Carr
Castle
Chapman
Clement
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Darden
Deal
DeLay
Deutsch
Diaz-Balart
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fingerhut
Fowler
Franks (CT)
Franks (NJ)
Frost
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Gordon
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoke
Holden
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
[[Page 622]]
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kaptur
Kasich
Kim
King
Kingston
Klein
Klink
Knollenberg
Kolbe
Kyl
Lancaster
LaRocco
Lazio
Leach
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Machtley
Manton
Manzullo
Margolies-Mezvinsky
McCandless
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Montgomery
Moorhead
Moran
Morella
Myers
Nussle
Orton
Oxley
Packard
Pallone
Parker
Paxon
Payne (VA)
Peterson (MN)
Petri
Pombo
Porter
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Rowland
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Torkildsen
Torricelli
Traficant
Upton
Valentine
Vucanovich
Walker
Walsh
Weldon
Wolf
Wyden
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--198
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Bacchus (FL)
Baesler
Barca
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bishop
Blackwell
Bonior
Borski
Boucher
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Cantwell
Cardin
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Coyne
Danner
de la Garza
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Dicks
Dingell
Dixon
Durbin
Edwards (CA)
Ehlers
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Flake
Foglietta
Frank (MA)
Furse
Gejdenson
Gephardt
Gibbons
Glickman
Gonzalez
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Hoekstra
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kennedy
Kennelly
Kildee
Kleczka
Klug
Kopetski
Kreidler
LaFalce
Lambert
Lantos
Laughlin
Levin
Lewis (GA)
Long
Lowey
Maloney
Mann
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Owens
Pastor
Payne (NJ)
Pelosi
Penny
Peterson (FL)
Pickett
Pickle
Pomeroy
Price (NC)
Rahall
Rangel
Reed
Reynolds
Romero-Barcelo (PR)
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Skaggs
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Thompson
Thornton
Thurman
Torres
Towns
Tucker
Underwood (GU)
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Wheat
Williams
Wilson
Wise
Woolsey
Wynn
Yates
ANSWERED ``PRESENT''--1
Goodling
NOT VOTING--12
Fish
Ford (MI)
Ford (TN)
Gallo
Grandy
Hayes
Murphy
Murtha
Roukema
Washington
Waxman
Whitten
So the amendment was agreed to.
After some further time,
Para. 33.17 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the preferential motion submitted by Mr. McCOLLUM that the
Committee do now rise and report the bill back to the House with the
recommendation that the enacting clause be stricken out.
It was decided in the
Yeas
170
<3-line {>
negative
Nays
257
Para. 33.18 [Roll No. 110]
AYES--170
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--257
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Romero-Barcelo (PR)
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Wheat
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--10
Fish
Gallo
Grandy
Hilliard
Murphy
Quillen
Roukema
Washington
Waxman
Whitten
So the preferential motion was not agreed to.
After some further time,
[[Page 623]]
Para. 33.19 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. WATT:
Page 40, strike lines 23 through 25.
Page 46, strike lines 22 through 24.
Page 47, line 17, after ``tors'' insert ``listed in section
3592''.
Page 48, line 2, after ``factor'' insert ``listed in
section 3592''.
Page 50, beginning in line 19, strike ``and any other'' and
all that follows through ``exist'' on line 21.
Yeas
116
It was decided in the
Nays
308
<3-line {>
negative
Answered present
1
Para. 33.20 [Roll No. 111]
AYES--116
Abercrombie
Ackerman
Andrews (ME)
Barrett (WI)
Beilenson
Bishop
Blackwell
Bonior
Brown (CA)
Brown (OH)
Cardin
Clay
Clayton
Clyburn
Collins (IL)
Collins (MI)
Conyers
Coyne
de Lugo (VI)
Dellums
Dixon
Edwards (CA)
Engel
Eshoo
Evans
Faleomavaega (AS)
Farr
Fields (LA)
Filner
Flake
Foglietta
Ford (MI)
Frank (MA)
Furse
Gejdenson
Gonzalez
Gutierrez
Hamburg
Hastings
Hilliard
Hinchey
Hochbrueckner
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson, E. B.
Johnston
Kennedy
Kennelly
Kildee
Kleczka
Klug
Kopetski
Levin
Lewis (GA)
Lowey
Maloney
Mann
Markey
McCloskey
McDermott
McKinney
McNulty
Meek
Mfume
Miller (CA)
Mineta
Mink
Mollohan
Nadler
Norton (DC)
Oberstar
Obey
Olver
Owens
Payne (NJ)
Pelosi
Rangel
Reed
Reynolds
Romero-Barcelo (PR)
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schumer
Scott
Serrano
Sharp
Skaggs
Slaughter
Smith (NJ)
Stark
Stokes
Strickland
Studds
Swift
Synar
Thompson
Towns
Tucker
Underwood (GU)
Unsoeld
Velazquez
Vento
Visclosky
Waters
Watt
Waxman
Wheat
Woolsey
Wynn
Yates
NOES--308
Allard
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Carr
Castle
Chapman
Clement
Clinger
Coble
Coleman
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
English
Everett
Ewing
Fawell
Fazio
Fields (TX)
Fingerhut
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Frost
Gallegly
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hoagland
Hobson
Hoekstra
Hoke
Holden
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kim
King
Kingston
Klein
Klink
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Machtley
Manton
Manzullo
Margolies-Mezvinsky
Martinez
Matsui
Mazzoli
McCandless
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McMillan
Meehan
Menendez
Meyers
Mica
Michel
Miller (FL)
Minge
Moakley
Molinari
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Neal (MA)
Nussle
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quinn
Rahall
Ramstad
Ravenel
Regula
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Rowland
Royce
Sangmeister
Santorum
Sarpalius
Saxton
Schaefer
Schenk
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Shepherd
Shuster
Sisisky
Skeen
Skelton
Slattery
Smith (IA)
Smith (MI)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stump
Stupak
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thornton
Thurman
Torkildsen
Torres
Torricelli
Traficant
Upton
Vucanovich
Walker
Walsh
Weldon
Williams
Wilson
Wolf
Wyden
Young (AK)
Young (FL)
Zeliff
Zimmer
ANSWERED ``PRESENT''--1
Goodling
NOT VOTING--12
Becerra
Fish
Gallo
Grandy
Laughlin
Murphy
Neal (NC)
Quillen
Roukema
Valentine
Washington
Whitten
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. GIBBONS, assumed the Chair.
When Mr. TORRICELLI, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
Para. 33.21 congressional budget for u.s., 1995
On motion of Mr. SABO, by unanimous consent, the concurrent resolution
(H. Con. Res. 218) setting forth the congressional budget for the United
States Government for fiscal years 1995, 1996, 1997, 1998, and 1999;
together with the amendment of the Senate thereto, was taken from the
Speaker's table.
When on motion of Mr. SABO, it was,
Resolved, That the House disagree to the amendment of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Ordered, That the Clerk notify the Senate thereof.
Para. 33.22 motion to instruct conferees--h. con. res. 218
Mr. KASICH moved that the managers on the part of the House at the
conference on the disagreeing votes of the two Houses on H. Con. Res.
218, be instructed to agree to the Senate amendment reflecting a $26
billion reduction in the deficit over five years by agreeing to reduce
the total spending levels specified in section 2(2) and 2(3) of the
House-passed resolution as follows:
Fiscal year 1995--$4.4 billion in budget authority and $1.6
billion in outlays;
Fiscal year 1996--$4.9 billion in budget authority and $1.5
billion in outlays;
Fiscal year 1997--$5.8 billion in budget authority and $4
billion in outlays;
Fiscal year 1998--$9.9 billion in budget authority and $7
billion in outlays; and
Fiscal year 1999--$21.8 billion in budget authority and
$9.9 billion in outlays.
Provided further, That conferees be instructed to agree to
that portion of section 50 of the Senate amendment which
provides that ``If the President's defense budget request is
approved, since 1985 real defense spending will have been
reduced by 45 percent by 1999; and President Clinton, during
his State of the Union Address on January 25, 1994, promised
no further cuts in defense spending'' and therefore insist
that no further cuts be made in defense by agreeing to the
highest possible level of funding for defense (within the
scope of the conference).
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Ms. SHEPHERD, announced that the nays had it.
Mr. KASICH objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
202
When there appeared
<3-line {>
Nays
216
Para. 33.23 [Roll No. 112]
YEAS--202
Allard
Andrews (NJ)
Andrews (TX)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barca
Barrett (NE)
Bartlett
Bateman
Bentley
Bereuter
Bliley
Blute
Boehner
Bonilla
Brewster
Browder
Brown (OH)
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cantwell
Castle
Clement
Clinger
Coble
Collins (GA)
Combest
[[Page 624]]
Condit
Cooper
Coppersmith
Cox
Crane
Crapo
Cunningham
Deal
DeFazio
DeLay
Diaz-Balart
Dickey
Dooley
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
English
Everett
Ewing
Fawell
Fields (TX)
Fingerhut
Fowler
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Gordon
Grams
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hoagland
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Inslee
Istook
Johnson (CT)
Johnson (GA)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lambert
LaRocco
Lazio
Leach
Lehman
Levy
Lewis (FL)
Lightfoot
Linder
Livingston
Machtley
Mann
Manzullo
Margolies-Mezvinsky
McCandless
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McKeon
McMillan
Meehan
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Moorhead
Myers
Nussle
Orton
Oxley
Packard
Pallone
Paxon
Payne (VA)
Penny
Peterson (MN)
Petri
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce (OH)
Quinn
Ramstad
Ravenel
Regula
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Saxton
Schaefer
Schenk
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Swett
Talent
Tauzin
Taylor (NC)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Zeliff
Zimmer
NAYS--216
Abercrombie
Ackerman
Andrews (ME)
Applegate
Bacchus (FL)
Baesler
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bilirakis
Bishop
Boehlert
Bonior
Borski
Boucher
Brooks
Brown (CA)
Brown (FL)
Bryant
Byrne
Cardin
Carr
Chapman
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cramer
Danner
Darden
de la Garza
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Durbin
Edwards (CA)
Edwards (TX)
Engel
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Flake
Foglietta
Foley
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilman
Glickman
Gonzalez
Goss
Green
Gutierrez
Hall (OH)
Hamburg
Harman
Hastings
Hefner
Hilliard
Hinchey
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lancaster
Lantos
Laughlin
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Manton
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McKinney
McNulty
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Owens
Parker
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Pickett
Pickle
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Young (FL)
NOT VOTING--15
Barton
Blackwell
Doolittle
Fish
Franks (CT)
Gallo
Grandy
Kaptur
Lewis (CA)
Murphy
Quillen
Ridge
Roukema
Thomas (CA)
Washington
So the motion to instruct the managers on the part of the House was
not agreed to.
A motion to reconsider the vote whereby said motion was not agreed to
was, by unanimous consent, laid on the table.
Para. 33.24 appointment of conferees--h.con.res.218
Thereupon, the SPEAKER pro tempore, Mr. TUCKER, by unanimous consent,
announced the appointment of Messrs. Sabo, Gephardt, Kildee, Beilenson,
Berman, Wise, Bryant, Stenholm, Frank of Massachusetts, Ms. Slaughter,
Kasich, McMillan, Kolbe, Shays, Ms. Snowe, and Herger as managers on the
part of the House at said conference.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 33.25 adjournment over
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at
10:30 a.m. on Monday, April, 18, 1994.
Para. 33.26 calendar wednesday business dispensed with
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, April
20, 1994, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
Para. 33.27 further message from the senate
A further message from the Senate by Mr. Hallen, one of its clerks,
announced that the Senate had passed a joint resolution of the following
title, in which the concurrence of the House is requested:
S.J. Res. 180. Joint resolution to provide for the
appointment of an executive secretary for the United States
Capitol Preservation Commission, and for other purposes.
Para. 33.28 senate bill referred
A bill of the Senate of the following title was taken from the
Speaker's table and, under the rule, referred as follows:
S. 455. An Act to amend title 31, United States Code, to
increase Federal payments to units of general local
government for entitlement lands, and for other purposes to
the Committee on Natural Resources.
Para. 33.29 senate enrolled bill signed
The Speaker announced his signature to an enrolled bill of the Senate
of the following title:
S. 2004. An Act to extend until July 1, 1998, the exemption
from ineligibility based on a high default rate for certain
institutions of higher education.
Para. 33.30 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. WASHINGTON, for today and the balance of the week; and
To Mr. BLACKWELL, for April 13.
And then,
Para. 33.31 adjournment
On motion of Mr. DORNAN, pursuant to the special order of the House
heretofore agreed to at 6 o'clock p.m., the House adjourned until 10:30
a.m., Monday, April 18, 1994.
Para. 33.32 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. MONTGOMERY: Committee on Veterans' Affairs. H.R. 1617.
A bill to authorize the establishment on the grounds of the
Edward Hines, Jr., Department of Veterans Affairs Hospital,
Hines, II, of a facility to provide temporary accommodations
for family members of severely ill children being treated at
a nearby university medical center, (Rept. No. 103-476);
Referred to the Committee of the Whole House on the State of
the Union.
Mr. MONTGOMERY: Committee on Veterans' Affairs. H.R. 4013.
A bill to amend title 38, United States Code, to provide the
Secretary of Veterans Affairs with necessary flexibility in
staffing the Veterans Health Administration, to authorize the
Secretary to establish pilot programs for health care
delivery, and for other purposes; with amendments (Rept. No.
103-477). Referred to the Committee of the Whole House on the
State of the Union.
Para. 33.33 subsequent action on a reported bill sequentially referred
Under clause 5 of Rule X the following action was taken by the
Speaker:
Referral to the Committee on the Judiciary of H.R. 1593
extended for a period ending not later than April 29, 1994.
Para. 33.34 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. GILMAN:
H.R. 4210. A bill to authorize the President to establish a
program to assist the transi-
[[Page 625]]
tion to full NATO membership of Poland, Hungary, the Czech
Republic, and Slovakia by January 1999; to the Committee on
Foreign Affairs.
By Mr. BLUTE (for himself and Ms. Eshoo):
H.R. 4211. A bill to provide for the coordination within
the Federal Government of biotechnology research and
development; jointly, to the Committees on Energy and
Commerce and Science, Space, and Technology.
H.R. 4212. A bill to stimulate the research and development
of biotechnologies; to the Committee on Ways and Means.
By Mr. RICHARDSON (for himself, Ms. Furse, Mr. Wynn,
Mr. Kopetski, Mr. DeFazio, Ms. Norton, Mr. Kildee,
Mr. Olver, Mr. Rose, and Mr. Hamburg):
H.R. 4213. A bill to amend the Land and Water Conservation
Fund Act to authorize the Secretary of the Interior to
establish a national registry of rivers and watersheds to be
protected and restored, and for other purposes; jointly, to
the Committees on Natural Resources, Merchant Marine and
Fisheries, and Agriculture.
By Mr. APPLEGATE:
H.R. 4214. A bill to amend chapter 83 of title 5, United
States Code, to provide that the 2 percent reduction in
annuity for each year a Federal employee is under 55 years of
age at the time of retiring be eliminated if the separation
is due to a reduction in force; to the Committee on Post
Office and Civil Service.
By Mr. BAKER of California (for himself, Mr. Crapo, Mr.
Gallegly, Mr. Emerson, Mr. Solomon, Mr. Stump, Mr.
Bartlett of Maryland, Mr. Levy, Mr. Lipinski, Mr.
Doolittle, Mr. Livingston, Mr. Cox, and Ms. Eshoo):
H.R. 4215. A bill to amend the Internal Revenue Code of
1986 to increase the deduction for retirement savings, to
permit nonemployed spouses a full IRA deduction, and for
other purposes; to the Committee on Ways and Means.
By Mr. COYNE:
H.R. 4216. A bill to amend title XVIII of the Social
Security Act to limit the amount a provider may charge an
individual for an outpatient hospital service furnished under
part B of the Medicare Program to 20 percent of the
reasonable cost of the service, and for other purposes;
jointly, to the Committees on Ways and Means and Energy and
Commerce.
By Mr. de la GARZA (for himself, Mr. Johnson of South
Dakota, and Mr. Minge) (all by request):
H.R. 4217. A bill to reform the Federal crop insurance
program, and for other purposes; to the Committee on
Agriculture.
By Mr. DIAZ-BALART (for himself, Ms. Roybal-Allard, Mr.
Becerra, Mr. Bonilla, Mr. de la Garza, Mr. Gutierrez,
Mr. de Lugo, Mr. Menendez, Mr. Ortiz, Mr. Pastor, Mr.
Richardson, Mr. Romero-Barcelo, Ms. Ros-Lehtinen, Mr.
Serrano, Mr. Tejeda, Mr. Torres, Mr. Underwood, and
Ms. Velazquez):
H.R. 4218. A bill to reform certain housing programs
administered by the Secretary of Housing and Urban
Development; to the Committee on Banking, Finance and Urban
Affairs.
By Mrs. FOWLER (for herself, Mr. Hutto, Mr. Peterson of
Florida, Mrs. Thurman, Mr. Mica, Mr. Young of
Florida, Mr. Goss, Mr. Bacchus of Florida, Mr. Lewis
of Florida, Ms. Brown of Florida, Mr. Stearns, Mr.
McCollum, Mr. Bilirakis, Mr. Canady, Mr. Miller of
Florida, Mrs. Meek of Florida, Ms. Ros-Lehtinen, Mr.
Johnston of Florida, Mr. Deutsch, Mr. Diaz-Balart,
Mr. Shaw, and Mr. Hastings):
H.R. 4219. A bill to direct the Secretary of the Interior
to make technical revisions to maps relating to the Coastal
Barrier Resources System; to the Committee on Merchant Marine
and Fisheries.
By Mr. GOODLING (for himself, Mr. Cunningham, Mr.
Fawell, and Mr. McKeon):
H.R. 4220. A bill to amend the National School Lunch Act to
protect school districts and the Department of Agriculture
from anticompetitive activities of suppliers that sell
commodities to schools that participate in the school lunch
program, the school breakfast program, the special milk
program, and the summer food service program for children,
and for other purposes; to the Committee on Education and
Labor.
By Mr. GOODLING (for himself and Mr. Ford of Michigan):
H.R. 4221. A bill to amend the National School Lunch Act to
provide increased flexibility elating to the use of
information submitted to determine eligibility under programs
under that act and the Child Nutrition Act of 1966, to
provide for the establishment of commodity letter of credit
[CLOC] demonstration programs in certain States, and to
establish a program to assist schools in offering greater
quantities of fresh fruits and vegetables under the school
lunch program; jointly, to the Committees on Education and
Labor and Agriculture.
By Mr. GUNDERSON (for himself, Mr. Goodling, Mr. Petri,
Mr. Castle, Mr. Hobson, Mr. Shays, Mr. Johnston of
Florida, and Mr. Poshard):
H.R. 4222. A bill to amend the Job Training Partnership Act
to establish a workforce skils and development loan program
to provide grants to States to guarantee loans made to
employers, representatives of employees, and other entities
to provide skills upgrading for non-managerial employees, and
for other purposes; to the Committee on Education and Labor.
By Mr. KYL:
H.R. 4223. A bill to establish a commission to examine the
costs and benefits, and the impact on voter turnout, of
changing the deadline for filing Federal income tax returns
to the date on which Federal elections are held; to the
Committee on Ways and Means.
By Mr. LAMBERT (for himself, Mr Emerson, Mr. Barlow,
Mr. Thornton, Mr. Whitten, Mr. Dickey, Mr. Fields of
Louisiana, Mr. Jefferson, Mr. Baker of Louisiana, Mr.
McCrery, and Mr. Tanner):
H.R. 4224. A bill to direct the Secretary of the Interior
and the Secretary of Energy to undertake initiatives to
address certain needs in the Lower Mississippi Delta Region,
and for other purposes; jointly, to the Committees on Natural
Resources; Energy and Commerce; Science, Space, and
Technology; and Banking, Finance and Urban Affairs.
By Mr. LEHMAN:
H.R. 4225. A bill to amend the Internal Revenue Code of
1986 to prevent fraudulent claims for the earned income
credit; to the Committee on Ways and Means.
By Mr. MACHTLEY:
H.R. 4226. A bill to amend the Federal Water Pollution
Control Act to provide for a national estuary pollution
prevention demonstration program; jointly, to the Committees
on Public Works and Transportation and Merchant Marine and
Fisheries.
By Mr. MANTON (for himself, Mr. Rose, and Ms. Dunn):
H.R. 4227. A bill to amend title 5, United States Code, to
provide that the mandatory retirement age for members of the
Capitol Police be made the same as the age applicable to law
enforcement officers; jointly, to the Committees on Post
Office and Civil Service and House Administration.
By Mr. MILLER of California (for himself, Mr.
Doolittle, and Mr. Richardson):
H.R. 4228. A bill to extend Federal recognition to the
United Auburn Indian Community of the Auburn Rancheria of
California; to the Committee on Natural Resources.
By Mr. RICHARDSON (for himself and Mr. Thomas of
Wyoming):
H.R. 4229. A bill to amend the Solid Waste Disposal Act to
enable Indian tribes to enforce provisions of the act
relating to leaking underground storage tanks on Indian
lands, and for other purposes; jointly, to the Committees on
Energy and Commerce and Ways and Means.
By Mr. RICHARDSON:
H.R. 4230. A bill to amend the American Indian Religious
Freedom Act to provide for the traditional use of peyote by
Indians for religious purposes, and for other purposes; to
the Committee on Natural Resources.
By Mr. RICHARDSON (for himself and Mr. Thomas of
Wyoming):
H.R. 4231. A bill to prohibit regulations that classify,
enhance, or diminish the privileges and immunities of an
Indian tribe relative to other federally recognized Indian
tribes, and for other purposes; to the Committee on Natural
Resources.
By Mr. STUPAK:
H.R. 4232. A bill to reaffirm and clarify the Federal
relationship of the Burt Lake Band as a distinct federally
recognized Indian tribe, and for other purposes; to the
Committee on Natural Resources.
By Mr. SUNDQUIST:
H.R. 4233. A bill to amend the Internal Revenue Code of
1986 to allow a taxpayer to elect to deduct either State and
local income taxes or State and local sales taxes; to the
Committee on Ways and Means.
By Ms. VELAZQUEZ:
H.R. 4234. A bill to make grants to local educational
agencies and community-based organizations to provide
assistance to localities most directly affected by hate
crimes; to the Committee on Education and Labor.
By Mr. VOLKMER (for himself, Mr. Rose, Mr. Stenholm,
Ms. Long, Mr. Sarpalius, Mr. Peterson of Minnesota,
Mr. Holden, Mr. Pomeroy, Ms. Danner, Mr. Andrews of
Maine, and Ms. Snowe):
H.R. 4235. A bill to enable milk producers to implement a
national Class IV Pool to establish a fair and equitable
blend price for milk use in export dairy products, to
establish the Dairy Export Marketing Board to administer the
Class IV Pool and otherwise work to expand exports of and
develop markets for milk and dairy products, and for other
purposes; to the Committee on Agriculture.
By Mr. MINETA (for himself, Mr. Bateman, Mr. Cramer,
Mr. Klein, Mrs. Byrne, Mr. Walsh, Mr. Oxley, Mr.
Brown of California, Mr. Bacchus of Florida, Mr.
Valentine, Mr. Kopetski, Mr. Hansen, Mr. Skeen, Mr.
Baker of California, Ms. Danner, Mr. Hughes, Mr.
Pickett, Mr. Tanner, Mrs. Meek of Florida, Mr.
Rohrabacher, Mr. Packard, Mr. Bevill, Ms. Brown of
Florida, Mr. Filner, Mr. McCloskey, Ms. Eshoo, Mr.
Borski, Mr. Frost, Mr. Andrews of Texas, Mr.
Mollohan, Mr. Fingerhut, Mr. Pete Geren of Texas, and
Mr. Lipinski):
H.J. Res. 353. Joint resolution designating July 16 through
July 24, 1994, as ``National Apollo Anniversary Observance'';
to the Committee on Post Office and Civil Service.
By Mr. REED:
H.J. Res. 354. Joint resolution designating May 22, 1994,
as ``National Neighbor Day''; to
[[Page 626]]
the Committee on Post Office and Civil Service.
By Mr. SCHUMER:
H. Con. Res. 239. Concurrent resolution concerning the 27th
anniversary of the reunification of Jerusalem; to the
Committee on Foreign Affairs.
Para. 33.35 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 65: Mr. Filner.
H.R. 300: Mr. Packard.
H.R. 326: Mrs. Kennelly, Mr. Fazio, Mr. Sawyer, Mr.
Gingrich, and Mr. Cramer.
H.R. 350: Mr. Minge.
H.R. 417: Mr. Barton of Texas and Mr. Castle.
H.R. 441: Mr. Stark.
H.R. 551: Mr. Rogers.
H.R. 635: Mrs. Vucanovich.
H.R. 649: Mr. Washington.
H.R. 710: Mr. Hutchinson.
H.R. 769: Mr. Gilchrest.
H.R. 790: Mr. Sanders and Mrs. Roukema.
H.R. 885: Mr. Knollenberg and Mrs. Meyers of Kansas.
H.R. 911: Mr. Kasich.
H.R. 1048: Mr. Combest, Mr. Everett, and Mr. Taylor of
Mississippi.
H.R. 1056: Mr. Ackerman, Mr. Herger, Mr. Chapman, Mr.
Wilson, Ms. Lowey, Mr. Schumer, and Mr. Barlow.
H.R. 1097: Mr. Calvert.
H.R. 1099: Mr. Franks of New Jersey.
H.R. 1164: Mr. Romero-Barcelo, Mr. Zimmer, and Mr. Dixon.
H.R. 1280: Mr. Abercrombie, Mr. Watt, Ms. Brown of Florida,
Ms. Cantwell, Mr. Kleczka, Mr. Oberstar, Mr. Farr, Mr.
Lipinski, and Mr. Klink.
H.R. 1349: Mr. Stearns.
H.R. 1402: Ms. Danner.
H.R. 1403: Mr. Hutchinson.
H.R. 1434: Mr. Johnson of South Dakota.
H.R. 1444: Mr. Mineta.
H.R. 1452: Mr. Calvert.
H.R. 1487: Mr. Ravenel.
H.R. 1500: Mrs. Unsoeld, Mr. Conyers, and Mr. Zimmer.
H.R. 1527: Mr. Calvert.
H.R. 1627: Mr. Kolbe, Mr. Laughlin, and Mr. Stenholm.
H.R. 1843: Mr. Calvert.
H.R. 1864: Mr. Duncan.
H.R. 1968: Mr. Sam Johnson and Mr. Lewis of Florida.
H.R. 2012: Mr. Bevill, Mr. Dooley, Ms. Eshoo, Mr. Hamburg,
Ms. Harman, Ms. Schenk, Mr. Skaggs, Mr. Smith of Iowa, Mr.
Andrews of Maine, Mr. Markey, Ms. Slaughter, Mr. Towns, Mrs.
Clayton, Mr. Derrick, Mr. Brooks, Mr. Bryant, Mr. Chapman,
Mr. Coleman, Mr. Gonzalez, Mr. Hall of Texas, Mr. Laughlin,
Mr. Ortiz, Mr. Pickle, Mr. Washington, Mr. Brown of
California, Mr. Poshard, Mr. Torricelli, Mr. Schumer, Mr.
Ford of Tennessee, Mr. Gordon, and Mr. Mollohan.
H.R. 2019: Ms. Velazquez and Mr. Hamburg.
H.R. 2120: Mr. DeLay.
H.R. 2228: Mr. Calvert.
H.R. 2418: Mr. Oxley.
H.R. 2420: Mr. Lipinski, Mr. Thompson, Mr. Reynolds, Mr.
Deutsch, Mr. Manton, and Mrs. Lloyd.
H.R. 2438: Mr. Hinchey.
H.R. 2541: Mr. Hutchinson.
H.R. 2708: Ms. Danner and Mr. McCrery.
H.R. 2720: Mr. Herger, Mr. Stark, and Mr. Machtley.
H.R. 2727: Mr. Wheat, Mr. Hamburg, and Mr. Waxman.
H.R. 2873: Mr. McMillan, Mr. Lantos, Mrs. Thurman, Mr.
Emerson, Mr. Horn, Mr. McDade, Mr. Fields of Texas, Mr.
Pallone, Mr. Hoagland, Mr. Dickey, Mr. Gallegly, Mr. Talent,
Mr. Santorum, Mr. Kyl, Mr. Klein, and Mr. Walsh.
H.R. 3017: Mr. Klug, Mr. Inglis of South Carolina, and Mr.
Packard.
H.R. 3100: Mr. Johnston of Florida.
H.R. 3246: Mr. Baesler, Mr. Boehner, Ms. Brown of Florida,
Mr. Bunning, Mr. Kanjorski, Mr. Lewis of Georgia, Mr.
McNulty, Mr. Reynolds, Mr. Schaefer, Mr. Swett, Mr. Volkmer,
and Mr. Klug.
H.R. 3261: Mr. Bartlett of Maryland, Mr. Roth, Mr.
Hastings, Ms. Norton, Mr. Richardson, Mr. Klink, Mr. Crapo,
Mr. Rose, Mr. Visclosky, Ms. Eshoo, Mr. DeFazio, Mr.
Callahan, Mr. Dreier, Mr. Hobson, Mr. Gillmor, Mr. Combest,
Mr. Santorum, Mr. Smith of Michigan, Mr. Martinez, and Mr.
Lightfoot.
H.R. 3266: Mr. Kyl, Ms. Snowe, Mr. Sensenbrenner, Mr.
Clement, Mr. Hutto, Mr. Goodling, and Ms. Cantwell.
H.R. 3293: Mr. Smith of New Jersey, Mr. Williams, and Mr.
Jefferson.
H.R. 3309: Mr. Ramstad, Ms. Kaptur, and Ms. Woolsey.
H.R. 3327: Mr. Underwood.
H.R. 3333: Mr. Cox.
H.R. 3347: Ms. Waters, Mr. Payne of New Jersey, and Mrs.
Schroeder.
H.R. 3389: Mr. Evans and Mr. Lipinski.
H.R. 3482: Mr. Reynolds.
H.R. 3486: Mrs. Johnson of Connecticut.
H.R. 3490: Mr. Peterson of Minnesota and Mr. Montgomery.
H.R. 3491: Mr. Stearns, Mr. Dornan, Mr. Calvert, and Mr.
Bateman.
H.R. 3513: Ms. Eshoo.
H.R. 3523: Mrs. Vucanovich, Mr. Dellums, and Ms. Woolsey.
H.R. 3527: Mr. Serrano.
H.R. 3561: Mr. Watt, Ms. Molinari, Mr. Moran, Mr.
McDermott, Mr. Hilliard, and Mr. Dellums.
H.R. 3634: Ms. Furse, Mr. Andrews of Maine, and Mr. Meehan.
H.R. 3636: Mr. Kennedy, Mr. Shays, Mr. Tauzin, and Mr.
Schaefer.
H.R. 3651: Mr. Oxley.
H.R. 3694: Mr. Orton, Mr. Vento, Mr. Parker, Mr. Yates, Ms.
McKinney, Mr. Sawyer, Mr. Calvert, Mr. Scott, Mr. Engel, Mr.
Velazquez, Mrs. Johnson of Connecticut, Mr. Clement, Mr.
Hochbrueckner, Mr. Abercrombie, Mr. Peterson of Minnesota,
and Mr. Reynolds.
H.R. 3704: Mr. Gilchrest.
H.R. 3739: Mr. Duncan, Mr. Callahan, Mr. Inhofe, and Mr.
Istook.
H.R. 3771: Mr. Bishop.
H.R. 3811: Mr. Lewis of California.
H.R. 3818: Mr. Rahall.
H.R. 3830: Mr. Andrews of Texas, Mr. Canady, Mr. Diaz-
Balart, Mr. Gordon, Mr. Kopetski, Mr. Mineta, Mr. Shays, and
Mr. Wynn.
H.R. 3843: Mr. Reynolds.
H.R. 3844: Mr. Reynolds.
H.R. 3853: Mr. Evans and Mr. Filner.
H.R. 3873: Ms. Furse and Mr. Richardson.
H.R. 3879: Mr. Darden, Mr. Stark, Mr. Andrews of New
Jersey, Mr. Flake, Mr. Thomas of Wyoming, Mr. Diaz-Balart,
Mr. Grams, Mr. Skelton, and Mr. Rush.
H.R. 3895: Mr. Solomon.
H.R. 3897: Mr. Baker of California.
H.R. 3900: Ms. DeLauro, Mr. Dellums, Mr. Mollohan, Mr.
Gonzalez, and Mr. Quinn.
H.R. 3932: Mrs. Schroeder.
H.R. 3947: Mr. Rose, Ms. Pelosi, Mr. McDermott, Mr.
Thornton, Mr. DeFazio, Mr. Barrett of Wisconsin, and Mr.
Studds.
H.R. 3948: Mr. Tucker, Ms. Collins of Michigan, and Ms.
Eddie Bernice Johnson of Texas.
H.R. 3955: Mr. Barlow, Mr. Boehner, Mr. Valentine, and Mr.
Collins of Georgia.
H.R. 3966: Mr. Gutierrez.
H.R. 3978: Mr. Herger.
H.R. 3986: Mr. Solomon and Mr. Gutierrez.
H.R. 3990: Mr. Johnson of South Dakota, Mr. Moakley, and
Mr. Reynolds.
H.R. 4013: Mr. Sangmeister.
H.R. 4019: Mr. Ackerman, Mr. Evans, Mr. Traficant, Mr.
Frost, and Mr. Frank of Massachusetts.
H.R. 4042: Mr. Brown of California.
H.R. 4051: Mr. Brown of California.
H.R. 4057: Mr. Wynn, Mr. Parker, Mr. Minge, Mr. Inhofe, Mr.
Ravenel, Mr. Stupak, Mr. Bartlett of Maryland, Mr. Bereuter,
Ms. Cantwell, Mr. Johnson of Georgia, Mr. Brown of Ohio, Mr.
Knollenberg, Mr. Doolittle, Mrs. Vucanovich, Mr. Inslee, Mr.
Schaefer, and Mr. Dooley.
H.R. 4064: Mr. Romero-Barcelo and Mr. Gutierrez.
H.R. 4065: Mr. Romero-Barcelo and Mr. Gutierrez.
H.R. 4094: Mr. Goodling.
H.R. 4095: Mr. Lewis of Florida and Mr. Goodling.
H.R. 4135: Mrs. Meyers of Kansas, Mr. Sarpalius, Mr.
Chapman, Mr. Tejeda, Mr. Edwards of Texas, Mr. Brooks, Mr.
Gene Green of Texas, Mr. Porter, and Mr. Swift.
H.R. 4138: Mr. Moran, Mr. Meehan, Mr. Barlow, and Mr.
Stark.
H.J. Res. 20: Mr. Barrett of Wisconsin.
H.J. Res. 163: Mr. Kim.
H.J. Res. 171: Mr. Duncan and Mr. Crane.
H.J. Res. 199: Mr. Fawell, Mr. Horn, Mr. Emerson, Mr. Rose,
Ms. Pryce of Ohio, Mr. Bacchus of Florida, Mr. Blute, Mr.
Goss, Mr. Cramer, Mr. Regula, Mr. Skeen, Mr. Roemer, Mr.
Berman, Mr. Hancock, Mr. McCandless, Mr. Brown of California,
Mr. Torres, Mr. Fingerhut, Mr. Dicks, Mr. Dreier, Mr.
Sanders, Mr. Gene Green of Texas, Mr. Neal of North Carolina,
Mr. Clay, Mr. Walsh, Mr. DeFazio, Mr. Shays, Mr. Linder, Mr.
Bishop, Ms. Long, Mr. Ehlers, Mr. Meehan, Mr. Montgomery, Ms.
Lowey, Ms. Woolsey, Mr. Ballenger, Mr. Talent, Ms. Norton,
Mr. Ridge, Mr. Young of Alaska, and Mr. Gutierrez.
H.J. Res. 209: Mr. Ravenel, Mr. Neal of Massachusetts, and
Mr. Lipinski.
H.J. Res. 284: Mr. Durbin.
H.J. Res. 302: Mr. Richardson, Mr. Klug, and Mrs. Bentley.
H.J. Res. 320: Mr. Bateman and Mr. Martinez.
H.J. Res. 327: Mr. Richardson, Mr. McDade, Mr. Oxley, Mr.
Talent, and Mr. Petri.
H.J. Res. 328: Mr. Hochbrueckner, Mr. Gallegly, Mr. Hobson,
and Mr. Stokes.
H.J. Res. 333: Ms. Slaughter.
H.J. Res. 344: Mr. Wolf, Mr. Wilson, Mrs. Thurman, Mr.
Johnson of South Dakota, Mr. McNulty, Mr. Reynolds, Mr.
Hochbrueckner, Mr. King, Mr. Deutsch, and Mr. Ackerman.
H. Con. Res. 120: Mr. DeLay.
H. Con. Res. 124: Mr. Visclosky and Mr. Petri.
H. Con. Res. 162: Mr. Durbin.
H. Con. Res. 202: Mrs. Lloyd.
H. Res. 26: Mr. Bereuter and Mr. Kingston.
H. Res. 117: Mr. Hutchinson.
H. Res. 122: Mr. Zeliff.
H. Res. 291: Mr. Burton of Indiana.
H. Res. 368: Mr. Schiff, Mr. Moran, Mr. Lewis of Georgia,
Mr. Barrett of Wisconsin, and Mrs. Meek of Florida.
H. Res. 377: Mr. Solomon.
.
MONDAY, APRIL 18, 1994 (34)
Para. 34.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. MAZZOLI,
at 10:30 a.m., who laid before the House the following communication:
[[Page 627]]
House of Representatives,
Washington, DC,
April 18, 1994.
I hereby designate the Honorable Romano L. Mazzoli to act
as Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Whereupon, pursuant to the order of the House of Friday, February 11,
1994, Members were recognized for ``morning hour'' debates.
Para. 34.2 recess--11:00 a.m.
The SPEAKER pro tempore, Mr. MAZZOLI, pursuant to clause 12 of rule I,
declared the House in recess until 12 o'clock noon.
Para. 34.3 after recess--12:00 noon
The SPEAKER pro tempore, Mr. MAZZOLI, called the House to order.
Para. 34.4 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Thursday, April 14, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 34.5 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2966. A communication from the President of the United
States, transmitting his request to make available
appropriations totaling $329 million in budget authority for
the Departments of Commerce, Housing and Urban Development,
the Interior, the GSA, NASA, the SBA, and the Legal Services
Corporation, and to designate these amounts as emergency
requirements pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, pursuant to 31 U.S.C. 1107 (H. Doc. No. 103-238); to
the Committee on Appropriations and ordered to be printed.
2967. A letter from the Director, the Office of Management
and Budget, transmitting the cumulative report on rescissions
and deferrals of budget authority as of April 1, 1994,
pursuant to 2 U.S.C. 685(e) (H. Doc. No. 103-239); to the
Committee on Appropriations and ordered to be printed.
2968. A letter from the Director of Legislation, Department
of the Navy, transmitting notice that the Navy intends to
renew the lease of vessels to the Government of Brazil,
pursuant to 10 U.S.C. 7307(b)(2); to the Committee on Armed
Services.
2969. A letter from the Secretary of Housing and Urban
Development, transmitting a report on the administration of
the Manufactured Home Construction and Safety Standards
Program for the years 1988-90, pursuant to 42 U.S.C. 5425; to
the Committee on Banking, Finance and Urban Affairs.
2970. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting proposed
transactions of $100 million or more involving United States
exports to Italy, pursuant to 12 U.S.C. 635(b)(3)(i); to the
Committee on Banking, Finance and Urban Affairs.
2971. A letter from the Chairman, Board of Governors,
Federal Reserve System, transmitting the Board's 80th annual
operation report during calendar year 1993, pursuant to 12
U.S.C. 247; to the Committee on Banking, Finance and Urban
Affairs.
2972. A letter from the Deputy and Acting CEO, Resolution
Trust Corporation, transmitting the semiannual report on the
Affordable Housing Disposition Program which covers the
reporting period defined as July 1, 1993, through December
31, 1993, pursuant to Public Law 102-233, section 616 (105
Stat. 1787); to the Committee on Banking, Finance and Urban
Affairs.
2973. A letter from the Secretary of Housing and Urban
Development, transmitting notification of the implementation
of certain regulations; to the Committee on Banking, Finance
and Urban Affairs.
2974. A letter from the Secretary of Education,
transmitting a copy of Final regulations--Federal Family
Education Loan Program, pursuant to 20 U.S.C. 1232(d)(1); to
the Committee on Education and Labor.
2975. A letter from the Secretary of Education,
transmitting Notice--Student Assistance General Provisions,
Federal Perkins Loan, Federal Work-Study, Federal
Supplemental Educational Opportunity Grant, Federal Family
Education Loan, Federal Direct Student Loan, and Federal Pell
Grant Programs, pursuant to 20 U.S.C. 1232(d)(1); to the
Committee on Education and Labor.
2976. A letter from the Department of Energy, transmitting
meeting notice of the Industry Advisory Board of the
International Energy Agency; to the Committee on Energy and
Commerce.
2977. A letter from the Chairman, Federal Energy Regulatory
Commission, transmitting a report on hydroelectric licensing
in the State of Hawaii, pursuant to Public Law 102-486,
section 2408; to the Committee on Energy and Commerce.
2978. A letter from the Director, Defense Security
Assistance Agency, transmitting the Navy's proposed lease of
defense articles, to Brazil (Transmittal No. 14-94), pursuant
to 22 U.S.C. 2796a(a); to the Committee on Foreign Affairs.
2979. A letter from the Director, Defense Security
Assistance Agency, transmitting the Navy's proposed lease of
defense articles to Brazil (Transmittal No. 13-94), pursuant
to 22 U.S.C. 2796a(a); to the Committee on Foreign Affairs.
2980. A letter from the Director, Defense Security
Assistance Agency, transmitting the Department of the Air
Force's proposed lease of defense articles to the Netherlands
(Transmittal No. 12-94), pursuant to 22 U.S.C. 2796a(a); to
the Committee on Foreign Affairs.
2981. A letter from the Director, Defense Security
Assistance Agency, transmitting the Navy's proposed lease of
defense articles to Brazil (Transmittal No. 15-94), pursuant
to 22 U.S.C. 2796a(a); to the Committee on Foreign Affairs.
2982. A letter from the Director, Defense Security
Assistance Agency, transmitting the price and availability
report for the quarter ending March 31, 1994, pursuant to 22
U.S.C. 2768; to the Committee on Foreign Affairs.
2983. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting copies of original reports
of political contributions by nominees, Ambassadors-designate
and members of their families, pursuant to 22 U.S.C.
3944(b)(2); to the Committee on Foreign Affairs.
2984. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting copies of the original
report of political contributions by Robert Krueger, of
Texas, to be Ambassador to the Republic of Burundi, and
members of his family, pursuant to 22 U.S.C. 3944(b)(2); to
the Committee on Foreign Affairs.
2985. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting copies of the original
report of political contributions by Irvin Hicks, of
Maryland, Ambassador-designate to Ethiopia, and members of
his family, pursuant to 22 U.S.C. 3944 (b)(2); to the
Committee on Foreign Affairs.
2986. A letter from the Federal Housing Finance Board,
transmitting the annual report under the Federal Managers'
Financial Integrity Act for fiscal year 1993, pursuant to 31
U.S.C. 3512(c)(3); to the Committee on Government Operations.
2987. A letter from the Chairman, Interstate Commerce
Commission, transmitting a copy of the annual report in
compliance with the Government in the Sunshine Act during the
calendar year 1993, pursuant to 5 U.S.C. 552b(j); to the
Committee on Government Operations.
2988. A letter from the Chairman, U.S. Railroad Retirement
Board, transmitting a copy of the annual report in compliance
with the Government in the Sunshine Act during the calendar
year 1993, pursuant to 5 U.S.C. 552b(j); to the Committee on
Government Operations.
2989. A letter from the Secretary of the Interior,
transmitting the 13th annual report on the progress that has
been made on oil and gas leasing, exploration, and
development activities on Federal lands in Alaska, other than
on the North Slope or the National Petroleum Reserve during
fiscal year 1993, pursuant to Public Law 96-487, section
1008(b)(4); to the Committee on Natural Resources.
2990. A letter from the Secretary, Department of
Transportation, transmitting a study of State and Federal
regulations governing the movement of water well drilling
rigs on public highways, pursuant to Public Law 102-240,
section 5004(b) (105 Stat. 2160); to the Committee on Public
Works and Transportation.
2991. A letter from the Deputy Administrator, General
Services Administration, transmitting informational copies of
building project surveys for London, KY, and Covington, KY,
pursuant to 40 U.S.C. 606(a); to the Committee on Public
Works and Transportation.
2992. A letter from the Secretary of Transportation,
transmitting a report of the National Scenic Byways Advisory
Committee concerning the Committee's recommendations on
establishment of a National Scenic Byways program, pursuant
to Public Law 102-240, section 1047(a)(4); to the Committee
on Public Works and Transportation.
2993. A letter from the Under Secretary of Defense,
transmitting a report as of the end of the fiscal year 1993
on the effectiveness and costs of carrying out the Department
of Defense Civilian Separation Pay Program; jointly, to the
Committees on Armed Services and Post Office and Civil
Service.
2994. A letter from the Assistant Secretary for Policy,
Management and Budget, Department of the Interior,
transmitting a draft of proposed legislation to promote
entrepreneurial management of the National Park Service, and
for other purposes; jointly, to the Committees on Natural
Resources and the Judiciary.
Para. 34.6 va accomodations for sick children's families
Mr. MONTGOMERY moved to suspend the rules and pass the bill (H.R.
1617) to authorize the establishment on the grounds of the Edwards
Hines, Jr., Department of Veterans Affairs Hospital, Hines, Illinois, of
a facility to provide temporary accommodations for family members of
severely ill children being treated at a nearby university medical.
The SPEAKER pro tempore, Mr. MAZZOLI, recognized Mr. MONTGOMERY and
Mr. STUMP, each for 20 minutes.
After debate,
[[Page 628]]
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. MAZZOLI, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 34.7 burial in national cemeteries
Mr. MONTGOMERY moved to suspend the rules and agree to the following
resolution (H. Res. 406):
Resolved, That upon the adoption of this resolution the
bill (H.R. 821), to amend title 38, United States Code, to
extend eligibility for burial in national cemeteries to
persons who have 20 years of service creditable for retired
pay as members of a reserve component of the Armed Forces,
with the Senate amendment thereto, shall be considered to
have been taken from the Speaker's table to the end that the
Senate amendment thereto be, and the same is hereby, agreed
to with amendments as follows:
In lieu of the matter proposed to be inserted by the
amendment of the amendment of the Senate to the text of the
bill, insert the following:
SECTION. 1 ELIGIBILITY OF CERTAIN RESERVISTS AND DEPENDENTS
FOR BURIAL IN NATIONAL CEMETERIES.
(a) Reservists.--Section 2402 of title 38, United States
Code, is amended by inserting after paragraph (6) the
following new paragraph (7):
``(7) Any person who at the time of death was entitled to
retired pay under that chapter but for the fact that the
person was under 60 years of age.''
(b) Dependents.--Paragraph (5) of such section is amended
by inserting ``and paragraph (7)'' after ``paragraphs (1)
through (4)''.
Amend the title so as to read: ``An Act to amend title 38,
United States Code, to extend eligibility for burial in
national cemeteries to persons who have 20 years of service
creditable for retired pay as members of a reserve component
of the Armed Forces and to their dependents''.
The SPEAKER pro tempore, Mr. MAZZOLI, recognized Mr. MONTGOMERY and
Mr. STUMP, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said resolution?
The SPEAKER pro tempore, Mr. MAZZOLI, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said resolution was agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendments.
Para. 34.8 raoul wallenberg bust
Mr. ROSE moved to suspend the rules and agree to the following
concurrent resolution (H. Con. Res. 222):
Resolved by the House of Representatives (the Senate
concurring), That the Joint Committee on the Library is
authorized to accept a bust of Raoul Wallenberg and to place
the bust in an appropriate location in the Capitol, as
determined by the Joint Committee on the Library.
The SPEAKER pro tempore, Mr. MAZZOLI, recognized Mr. ROSE and Mr.
BARRETT, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution?
The SPEAKER pro tempore, Mr. MAZZOLI, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. LANTOS demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. MAZZOLI, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
Para. 34.9 subpoena
The SPEAKER pro tempore, Mr. MAZZOLI, laid before the House a
communication, which was read as follows:
House of Representatives,
Washington, DC, April 6, 1994.
Hon. Thomas S. Foley,
Speaker of the House, House of Representatives, the Capitol,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that my office has
been served with a subpoena for records of a member of my
staff issued by the Stanislaus County Superior Court in
Modesto, California in connection with a civil case.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
Gary A. Condit,
Member of Congress.
Para. 34.10 recess--12:50 p.m.
The SPEAKER pro tempore, Mr. MAZZOLI, pursuant to clause 12 of rule I,
declared the House in recess at 12 o'clock and 50 minutes p.m. until
4:30 p.m.
Para. 34.11 after recess--4:44 p.m.
The SPEAKER pro tempore, Mr. HAYES, called the House to order.
Para. 34.12 foreign aid and state department authorization
On motion of Mr. HAMILTON, by unanimous consent, the bill (H.R. 2333)
to authorizate appropriations for the Department of State, the United
States Information Agency, and related agencies, to authorize
appropriations for foreign assistance programs, and for other purposes;
together with the amendment of the Senate thereto, was taken from the
Speaker's table.
When on motion of Mr. HAMILTON, it was,
Resolved, That the House disagree to the amendment of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Ordered, That the Clerk notify the Senate thereof.
Para. 34.13 motion to instruct conferees--h.r. 2333
Mr. GILMAN moved that the managers on the part of the House at the
conference on the disagreeing votes of the two Houses on H.R. 2333, be
instructed to insist upon the provision contained in section 132(f) of
the House bill relating to the continuation of the Office of the
Coordinator for Counterterrorism at the Department of State.
After debate,
On motion of Mr. GILMAN, the previous question was ordered on the
motion to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. HAYES, announced that the yeas had it.
Mr. GILMAN objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
357
When there appeared
<3-line {>
Nays
2
Para. 34.14 [Roll No. 113]
YEAS--357
Abercrombie
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baker (CA)
Ballenger
Barca
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Clayton
Clinger
Clyburn
Coble
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Ford (MI)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Gordon
Goss
Grams
Green
Greenwood
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
[[Page 629]]
Hayes
Hefley
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Klein
Klink
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Levin
Levy
Lewis (CA)
Lewis (GA)
Lightfoot
Linder
Lloyd
Long
Machtley
Maloney
Mann
Manton
Manzullo
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCrery
McCurdy
McDermott
McHale
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Myers
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Poshard
Price (NC)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaugther
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Strickland
Studds
Stump
Stupak
Swift
Synar
Tanner
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thurman
Torkildsen
Torres
Traficant
Tucker
Unsoeld
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Waters
Watt
Waxman
Weldon
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Zeliff
Zimmer
NAYS--2
Kanjorski
Penny
NOT VOTING--73
Ackerman
Baesler
Baker (LA)
Barlow
Barrett (WI)
Becerra
Blackwell
Burton
Chapman
Clay
Clement
Coleman
Cooper
DeLay
Doolittle
Engel
English
Fields (TX)
Fish
Foglietta
Ford (TN)
Gallegly
Gallo
Goodling
Grandy
Gunderson
Hastings
Hefner
Houghton
Jefferson
Kaptur
Kleczka
Klug
Lehman
Lewis (FL)
Lipinski
Livingston
Lowey
Margolies-Mezvinsky
McCollum
McDade
McHugh
Mfume
Murphy
Murtha
Nadler
Owens
Payne (NJ)
Peterson (FL)
Portman
Pryce (OH)
Ridge
Rose
Rostenkowski
Sanders
Sangmeister
Santorum
Slattery
Stark
Stokes
Sundquist
Swett
Talent
Tauzin
Thornton
Torricelli
Towns
Valentine
Walsh
Washington
Wheat
Whitten
Young (FL)
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
Para. 34.15 h. con. res. 222--unfinished business
The SPEAKER pro tempore, Ms. DeLAURO, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and agree to the concurrent resolution (H. Con. Res. 222) authorizing
the placement of a bust of Raoul Wallenberg in the Capitol.
The question being put,
Will the House suspend the rules and agree to said concurrent
resolution?
The vote was taken by electronic device.
It was decided in the
Yeas
358
<3-line {>
affirmative
Nays
0
Para. 34.16 [Roll No. 114]
YEAS--358
Abercrombie
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baker (CA)
Ballenger
Barca
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Clayton
Clinger
Clyburn
Coble
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Gordon
Goss
Grams
Green
Greenwood
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Klein
Klink
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Levin
Levy
Lewis (CA)
Lewis (GA)
Lightfoot
Linder
Lloyd
Long
Machtley
Maloney
Mann
Manton
Manzullo
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCrery
McCurdy
McDermott
McHale
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Myers
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Pelosi
Penny
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Poshard
Price (NC)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Strickland
Studds
Stump
Stupak
Swift
Synar
Tanner
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thurman
Torkildsen
Torres
Traficant
Tucker
Unsoeld
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Waters
Watt
Waxman
Weldon
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Zeliff
Zimmer
NOT VOTING--74
Ackerman
Baesler
Baker (LA)
Barlow
Barrett (WI)
Becerra
Blackwell
Burton
Chapman
Clay
Clement
Coleman
Cooper
DeLay
Doolittle
Engel
English
Fields (TX)
Fish
Foglietta
Ford (MI)
Ford (TN)
Gallegly
Gallo
Goodling
Grandy
Gunderson
Hastings
Hefner
Houghton
Jefferson
Kaptur
Kleczka
Klug
Lehman
Lewis (FL)
Lipinski
Livingston
Lowey
Margolies-Mezvinsky
McCollum
McDade
McHugh
Mfume
Murphy
Murtha
Nadler
Owens
Payne (NJ)
Peterson (FL)
Portman
Pryce (OH)
Ridge
Rose
Rostenkowski
Sanders
Sangmeister
Santorum
Slattery
Stark
Stokes
Sundquist
Swett
Talent
Tauzin
Thornton
Torricelli
Towns
Valentine
Walsh
Washington
Wheat
Whitten
Young (FL)
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said concurrent resolution was passed was, by unanimous consent, laid on
the table.
[[Page 630]]
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
Para. 34.17 appointment of conferees--h.r. 2333
The SPEAKER pro tempore, Ms. DeLAURO, by unanimous consent, announced
the appointment of the following Members as managers on the part of the
House to the conference with the Senate on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R. 2333) to
authorize appropriations for the Department of State, the United States
Information Agency, and related agencies, to authorize appropriations
for foreign assistance programs, and for other purposes:
From the Committee on Foreign Affairs, for consideration of the House
bill (except sections 163, 167, 188, 190-93), and Senate amendment
(except titles V, VI, IX-XV and sections 162-170E, 189, 701-22, 724-28,
730-31, 734-36, 774-46, 748-61, 763), and modifications committed to
conference:
Messrs. Hamilton, Berman, Faleomavaega, Martinez, Andrews of New
Jersey, Menendez, Lantos, Johnston of Florida, and Gilman, Ms. Snowe,
and Messrs. Hyde, Diaz-Balart, and Levy.
From the Committee on Foreign Affairs, for consideration of sections
188, 190-93 of the House bill, and titles V, VI, IX-XII, and XIII-XIV,
sections 163-64, 168-69, 189, 701-22, 724-26, 728, 730-31, 734-36, 744-
46, 748-57, 759-61 and 763 of the Senate amendment, and modifications
committed to conference:
Messrs. Hamilton, Gejdenson, Lantos, Torricelli, Berman, Ackerman,
Johnston of Florida, Faleomavaega, Gilman, and Roth, Ms. Snowe, Mr.
Hyde, and Mr. Bereuter.
From the Committee on Foreign Affairs, for consideration of title XII,
sections 727 and 758 of the Senate amendment, and modifications
committed to conference:
Messrs. Hamilton, Gejdenson, Lantos, Torricelli, Berman, Ackerman,
Johnston of Florida, Faleomavaega, Gilman, and Roth, Ms. Snowe, Mr.
Hyde, and Mr. Rohrabacher.
From the Committee on Foreign Affairs, for consideration of sections
163 and 167 of the House bill, and title XV, sections 162, 165-67,
107A-E, and 190 of the Senate amendment, and modifications committed to
conference:
Messrs. Hamilton, Gejdenson, Lantos, Torricelli, Berman, Ackerman,
Johnston of Florida, Faleomavaega, Gilman and Goodling, Ms. Snowe, Mr.
Hyde, and Mr. Bereuter.
As additional conferees from the Committee on Armed Services, for
consideration of section 170B, 170C(a), 170E(a), 721, 726(b)(2), 734,
749(b)(4), 760, 804, 810, and 1329 of the Senate amendment, and
modifications committed to conference:
Messrs. Dellums, Sisisky, Spratt, Spence, and Hunter.
As additional conferees from the Committee on Banking, Finance and
Urban Affairs, for consideration of sections 759, 1003, 1104, and 1323-
25 of the Senate amendment, and modifications committed to conference:
Messrs. Gonzalez, Frank of Massachusetts, Neal of North Carolina,
Leach, and Bereuter.
As additional conferees from the Committee on Energy and Commerce,
for consideration of section 731 of the Senate amendment, and
modifications committed to conference:
Mr. Dingell, Mrs. Collins of Illinois, and Messrs. Manton, Moorhead,
and Stearns.
As additional conferees from the Committee on Government Operations,
for consideration of sections 189 and 721 of the Senate amendment, and
modifications committed to conference:
Messrs. Conyers, Synar, Condit, Clinger, and Thomas of Wyoming.
As additional conferees from the Committee on the Judiciary, for
consideration of section 133(n) of the House bill, and sections 136,
605, 704, 705, 723, 727, 748, 751, 758, 1201 and 1202 of the Senate
amendment, and modifications committed to conference:
Messrs. Brooks, Mazzoli, Bryant, McCollum, and Smith of Texas.
As additional conferees from the Committee on Natural Resources, for
consideration of section 164(c) of the House bill, and section 171(c)
of the Senate amendment, and modifications committed to conference:
Messrs. Miller of California, Vento, DeFazio, Young of Alaska and
Smith of Oregon.
As additional conferees from the Committee on Post Office and Civil
Service, for consideration of sections 132(a), 133(e), 141-50, 254,
302(b) and 307 of the House bill, and sections 131, 141-53, 155, 229,
234, 309(h), 405(e), 407, 734, 747 and 814 of the Senate amendment, and
modifications committed to conference:
Mr. Clay, Mr. McCloskey, Ms. Norton, Mr. Myers of Indiana, and Mrs.
Morella.
As additional conferees from the Committee on Public Works and
Transportation, for consideration of sections 764, 1104-05, and 1402(g)
of the Senate amendment, and modifications committed to conference:
Messrs. Mineta, Oberstar, Applegate, Shuster, and Clinger.
As additional conferees from the Committee on Rules, for
consideration of sections 714, 1003 and 1326 of the Senate amendment,
and modifications committed to conference:
Messrs. Moakley, Derrick, and Solomon.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 34.18 environmental exports promotion
Mr. GEJDENSON moved to suspend the rules and pass the bill (H.R. 3813)
to establish a Middle East Development Initiative to provide development
assistance to countries in the Middle East region for the purpose of
promoting the peace process in that region; as amended.
The SPEAKER pro tempore, Mr. MILLER of California, recognized Mr.
GEJDENSON and Mr. ROTH, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MILLER of California, announced that two-
thirds of the Members present had voted in the affirmative.
Mr. PORTER demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. MILLER of California, pursuant to clause
5, rule I, announced that further proceedings on the motion were
postponed until Tuesday, April 19, 1994, pursuant to the prior
announcement of the Chair.
Para. 34.19 iranian baha'i emancipation
Mr. GEJDENSON moved to suspend the rules and agree to the following
concurrent resolution of the Senate (S. Con. Res. 31):
Whereas in 1982, 1984, 1988, 1990, and 1992, the Congress,
by concurrent resolution, declared that it holds the
Government of Iran responsible for upholding the rights of
all its nationals, including members of the Baha'i Faith,
Iran's largest religious minority;
Whereas in such resolutions and in numerous other appeals,
the Congress condemned the Government of Iran's religious
persecution of the Baha'i community, including the execution
of more than 200 Baha'is, the imprisonment of additional
thousands, and other repressive and discriminatory actions
against Baha'is based solely upon their religious beliefs;
Whereas in 1992, the Government of Iran summarily executed
a leading member of the Baha'i community, arrested and
imprisoned several other Baha'is, condemned two Baha'i
prisoners to death on account of their religion, and
confiscated individual Baha'is' homes and personal properties
in several cities;
Whereas the Government of Iran continues to deny the Baha'i
community the right to organize, to elect its leaders, to
hold community property for worship or assembly, to operate
religious schools and to conduct other normal religious
community activities; and
Whereas on February 22, 1993, the United Nations Commission
on Human Rights published a formerly confidential Iranian
government document constituting a blueprint for the
destruction of the Baha'i community, which document reveals
that these repressive actions are the result of a deliberate
policy designed and approved by the highest officials of the
Government of Iran: Now, therefore, be it
Resolved by the Senate (the House of Representatives
concurring), That the Congress--
(1) continues to hold the government of Iran responsible
for upholding the rights of all its nationals, including
members of the Baha'i community, in a manner consistent with
Iran's obligations under the Universal Declaration of Human
Rights and other international agreements guaranteeing the
civil and political rights of its citizens;
(2) condemns the repressive anti-Baha'i policy adopted by
the Government of Iran, as set forth in a confidential
official document which explicitly states that Baha'is shall
be denied access to education and employment, and that the
government's policy is to deal
[[Page 631]]
with Baha'is ``in such a way that their progress and
development are blocked'';
(3) expresses concern that individual Baha'is continue to
suffer from severely repressive and discriminatory government
actions, solely on account of their religion; and that the
Baha'i community continues to be denied legal recognition and
the basic rights to organize, elect its leaders, educate its
youth, and conduct the normal activities of a law-abiding
religious community;
(4) urges the Government of Iran to extend to the Baha'i
community the rights guaranteed by the Universal Declaration
of Human Rights and the international covenants on human
rights, including the freedom of thought, conscience, and
religious, and equal protection of the law; and
(5) calls upon the President to continue--
(A) to emphasize that the United States regards the human
rights practices of the Government of Iran, particularly its
treatment of the Baha'i community and other religious
minorities, as a significant factor in the development of the
United States Government's relations with the Government of
Iran;
(B) to urge the Government of Iran to emancipate the Baha'i
community by granting those rights guaranteed by the
Universal Declaration of Human Rights and the international
covenants on human rights; and
(C) to encourage other governments to continue to appeal to
the Government of Iran, and to cooperate with other
governments and international organizations, including the
United Nations and its agencies, in efforts to protect the
religious rights of the Baha'is and other minorities through
joint appeals to the Government of Iran and through other
appropriate actions.
Sec. 2. The Secretary of the Senate shall transmit a copy
of this concurrent resolution to the President.
The SPEAKER pro tempore, Mr. MILLER of California, recognized Mr.
GEJDENSON and Mr. GILMAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution?
The SPEAKER pro tempore, Mr. MILLER of California, announced that two-
thirds of the Members present had voted in the affirmative.
Mr. PORTER demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. MILLER of California, pursuant to clause
5, rule I, announced that further proceedings on the motion were
postponed until Tuesday, April 19, 1994, pursuant to the prior
announcement of the Chair.
Para. 34.20 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. GUNDERSON, for today;
To Mr. FISH, for today;
To Ms. ENGLISH of Arizona, for today;
To Mr. PETERSON of Florida, for today and April 19;
To Mr. NADLER, for today; and
To Mr. CLEMENT, for today.
And then,
Para. 34.21 adjournment
On motion of Mr. KINGSTON, pursuant to the special order of the House
of February 11, 1994, at 6 o'clock and 58 minutes p.m., the House
adjourned until 10:30 a.m., Tuesday, April 19, 1994.
Para. 34.22 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. HAMILTON: Committee on Foreign Affairs. H.R. 3813. A
bill to amend the Export Enhancement Act of 1988 to promote
further U.S. exports of environmental technologies, goods,
and services; with an amendment (Rept. No. 103-478). Referred
to the Committee of the Whole House on the State of the
Union.
Para. 34.23 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. ORTIZ (for himself, Mr. Weldon, Mr. Fields of
Texas, Mr. Gene Green of Texas, Mr. Laughlin, Mr.
Andrews of Texas, Mr. Washington, Mr. Rose, and Mr.
Gejdenson):
H.R. 4236. A bill to establish a National Undersea Research
Program within the National Oceanic and Atmospheric
Administration; to the Committee on Merchant Marine and
Fisheries.
By Mr. DURBIN:
H.R. 4237. A bill to prohibit the possession in a public
housing zone of a firearm the possession of which is
otherwise unlawful, and to prohibit the discharge of a
firearm in a public housing zone; to the Committee on the
Judiciary.
By Mr. FLAKE (for himself, Mr. Johnston of Florida, Mr.
Payne of New Jersey, Mr. Blackwell, Ms. Brown of
Florida, Mr. Towns, Mr. Hastings, Mr. Rush, Ms. Eddie
Bernice Johnson of Texas, Mrs. Clayton, Mr. Bishop,
Mr. Clay, Mrs. Meek of Florida, Mr. Lewis of Georgia,
Mr. Scott, Mr. Owens, Mr. Watt, Ms. Collins of
Michigan, Mr. Tucker, Mr. Markey, Mr. Reynolds, Mr.
Wheat, Mr. Frank of Massachusetts, Mr. Stokes, Mr.
Hall of Ohio, and Mr. Mfume):
H.R. 4238. A bill to authorize supplemental appropriations
for fiscal years 1994 and 1995 for relief, rehabilitation,
and reconstruction in Liberia; to the Committee on Foreign
Affairs.
By Mr. GEJDENSON (for himself and Mr. Roth):
H.R. 4239. A bill to provide for the establishment of a
foreign assistance program to support efforts by other
countries to protect intellectual property; to the Committee
on Foreign Affairs.
By Mr. MACHTLEY:
H.R. 4240. A bill to ensure that defense conversion,
reinvestment, and transition assistance programs of the
Department of Defense are directed primarily toward those
States, and areas within those States, that have experienced
the greatest number of job losses as a result of reductions
in defense spending or the closure or realignment of military
installations; jointly, to the Committees on Education and
Labor and Armed Services.
By Mrs. SCHROEDER:
H.R. 4241. A bill to amend title 5, United States Code, to
require the use of standardized claim forms under the health
benefits program for Federal employees, and to amend title
10, United States Code, to require the use of such forms in
the Civilian Health and Medical Program of the Uniformed
Services; jointly, to the Committees on Armed Services and
Post Office and Civil Service.
By Mr. STARK (for himself and Mr. Bliley):
H.R. 4242. A bill to enforce the law regulating the height
of buildings in the District of Columbia by prohibiting the
District of Columbia from issuing any building or occupancy
permit for the project described in Zoning Commission case
93-9C unless the project is modified to conform to such law;
to the Committee on the District of Columbia.
By Mr. STARK:
H.R. 4243. A bill to confirm limitations on the height of
buildings and roof structures in the District of Columbia, to
expand the authority of the National Capital Planning
Commission to enforce such limitations, and for other
purposes; to the Committee on the District of Columbia.
By Mrs. UNSOELD (for herself and Mr. Studds):
H.R. 4244. A bill to amend title 46, United States Code, to
provide equitable treatment for certain individuals employed
on vessels with respect to State and local income taxes;
jointly, to the Committees on Merchant Marine and Fisheries
and the Judiciary.
By Mr. HUGHES:
H.J. Res. 355. Joint resolutiong designating 1995 as the
``Year of the Grandparent''; to the Committee on Post Office
and Civil Service.
By Mr. RICHARDSON (for himself, Mr. Serrano, Ms.
Roybal-Allard, Mr. de Lugo, Mr. Romero-Barcelo, Mr.
Torres, Mr. Berman, and Mr. Becerra):
H.J. Res. 356. Joint resolution designating March 31, 1995,
as ``Cesar E. Chavez Day''; to the Committee on Post Office
and Civil Service.
By Mr. GEJDENSON (for himself and Mr. Roth):
H. Con. Res. 240. Concurrent resolution expressing the
sense of the Congress with respect to intellectual property
protection; to the Committee on Ways and Means.
By Mr. MONTGOMERY (for himself, Mr. Bonilla, and Mr.
Sangmeister):
H. Res. 406. Resolution providing for the concurrency by
the House with amendments in amendment of the Senate to H.R.
821; considered under the suspension of the rules and agreed
to.
By Mr. ZELIFF (for himself and Mr. Andrews of New
Jersey):
H. Res. 407. Resolution providing for the consideration of
the bill (H.R. 3266) to provide for automatic downward
adjustments in the discretionary spending limits for fiscal
year 1994 set forth in the Congressional Budget Act of 1974
equal to the amount of rescissions contained in this act; to
the Committee on Rules.
Para. 34.24 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
333. The SPEAKER: Memorial of the Legislature of the State
of Idaho, relative to the tenth amendment to the
Constitution; to the Committee on Education and Labor.
334. Also, memorial of the Legislature of the State of
Idaho, relative to safe drinking water; to the Committee on
Energy and Commerce.
335. Also, memorial of the Legislature of the State of
Idaho, relative to all waters of the State of Idaho; to the
Committee on Natural Resources.
336. Also, memorial of the Legislature of the State of
Arizona, relative to the desecration of the American flag; to
the Committee on the Judiciary.
337. Also, memorial of the Legislature of the State of
Alaska, relative to motorcycle
[[Page 632]]
helmets in Alaska; to the Committee on Public Works and
Transportation.
338. Also, memorial of the Legislature of the State of
Maine, relative to the national highway system; to the
Committee on Public Works and Transportation.
339. Also, memorial of the Legislature of the State of
Idaho, relative to the Intermodal Surface Transportation
Efficiency Act; to the Committee on Public Works and
Transportation.
340. Also, memorial of the Legislature of the State of
Idaho, relative to the public assistance programs; to the
Committee on Ways and Means.
341. Also, memorial of the Legislature of the State of
Idaho, relative to grain producers; to the Committee on Ways
and Means.
342. Also, memorial of the Legislature of the State of
Alaska, relative to the Oil Pollution Act of 1990; jointly,
to the Committees on Merchant Marine and Fisheries and Public
Works and Transportation.
343. Also, memorial of the Legislature of the State of New
Jersey, relative to the New Jersey urban core project;
jointly, to the Committees on Public Works and Transportation
and Energy and Commerce.
344. Also, memorial of the Legislature of the State of
Alaska, relative to the export of Alaska North Slope crude
oil; jointly, to the Committees on Foreign Affairs, Energy
and Commerce, and Natural Resources.
Para. 34.25 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 429: Mr. Weldon.
H.R. 512: Mr. Frank of Massachusetts, Ms. Pelosi, and Mr.
Reynolds.
H.R. 566: Mr. Bateman.
H.R. 790: Ms. Eshoo and Ms. McKinney.
H.R. 1106: Mr. Ackerman, Mr. Filner, Mr. Gutierrez, Mr.
Manton, Mr. Owens, and Mr. Vento.
H.R. 1295: Mr. LaRocco.
H.R. 1596: Mrs. Bentley.
H.R. 1620: Mr. Ravenel.
H.R. 1627: Mr. Matsui.
H.R. 1671: Mr. Bliley and Mr. Bateman.
H.R. 1687: Mr. Stupak.
H.R. 1712: Mr. Johnson of South Dakota.
H.R. 1840: Mr. Hastert, Mr. Ehlers, Mr. Faleomavaega, and
Mr. Calvert.
H.R. 1900: Mr. Levin.
H.R. 1906: Mr. Vento, Mr. Owens, Mr. Torres, and Mr.
DeFazio.
H.R. 1957: Mr. Solomon.
H.R. 2175: Mr. Slattery.
H.R. 2433: Mr. Stump.
H.R. 2467: Mr. Andrews of New Jersey, Mr. Bishop, Mr.
Borski, Mr. Cox, Mr. Herger, Ms. Harman, Mr. Klein, Mr. Smith
of New Jersey, and Mr. Wise.
H.R. 2572: Mr. Dellums.
H.R. 2710: Mr. Andrews of New Jersey, Mr. Hamburg, Mr.
Wyden, Mr. Wynn, and Mr. Torres.
H.R. 2839: Mr. Talent.
H.R. 2898: Mr. Martinez.
H.R. 2930: Mr. Romero-Barcelo, Mr. Ackerman, Ms. Furse, and
Mr. Gutierrez.
H.R. 3005: Mr. Kyl.
H.R. 3023: Mr. Farr, Mr. Inhofe, Mr. Smith of New Jersey,
Mr. Lehman, Mr. Hastings, Mr. Moorhead, Mr. Barton of Texas,
and Mr. Sarpalius.
H.R. 3039: Mr. Moran and Mr. Livingston.
H.R. 3109: Mr. Dellums.
H.R. 3261: Mr. Smith of New Jersey and Mr. Holden.
H.R. 3278: Mr. Torres.
H.R. 3288: Mr. Fawell.
H.R. 3407: Mr. Darden, Mr. Shaw, Mr. Combest, Ms. Danner,
Mr. Bliley, and Mr. Lewis of Florida.
H.R. 3421: Mrs. Vucanovich, Mr. Lewis of Florida, and Mr.
Glickman.
H.R. 3424: Ms. DeLauro.
H.R. 3656: Mr. Owens, Mr. Frank of Massachusetts, Ms.
Slaughter, Ms. Shepherd, Mr. Hughes, and Mr. Lewis of
Georgia.
H.R. 3695: Mr. Hoke and Mr. DeLay.
H.R. 3705: Mr. Shays and Mr. Andrews of New Jersey.
H.R. 3744: Mr. King.
H.R. 3785: Mr. Bereuter, Mr. Frost, Mr. Hughes, Ms. Eddie
Bernice Johnson of Texas, Mr. Orton, Mr. Parker, and Mr.
Taylor of Mississippi.
H.R. 3790: Mr. Myers of Indiana.
H.R. 3820: Mr. Stenholm, Mr. Edwards of Texas, Mr. Tejeda,
Mr. Waxman, Mr. Wilson, Mr. Pete Geren of Texas, Mr. Frost,
Mr. Bryant, Mr. Torkildsen, Mr. Faleomavaega, Mr. Romero-
Barcelo, Mr. Sarpalius, Mr. Slattery, Mr. Hyde, Mr. Laughlin,
Mr. Ravenel, Mr. Lewis of Florida, Mr. Bilirakis, Mr. Fish,
Mr. Hutto, Mr. Quillen, Mr. Murphy, Mr. Santorum, Mr. Dreier,
Ms. Eddie Bernice Johnson of Texas, Mr. Barrett of Wisconsin,
and Mrs. Meyers of Kansas.
H.R. 3835: Mr. Coppersmith, Ms. Schenk, Mr. Crapo, Mr.
Goodling, Mr. Talent, and Mr. Kim.
H.R. 3870: Mr. Jefferson.
H.R. 3901: Mr. Watt, Mr. Blackwell, Ms. Brown of Florida,
Mrs. Clayton, Mr. Clyburn, Mr. Conyers, Mr. Flake, Mr. Ford
of Tennessee, Mr. Hastings, Mr. Jefferson, Ms. Eddie Bernice
Johnson of Texas, Mrs. Meek of Florida, Mr. Mfume, Mr.
Rangel, Mr. Reynolds, Mr. Scott, Ms. Waters, Mr. Wynn, Mr.
Fields of Louisiana, Mr. Bishop, Mr. Dellums.
H.R. 3902: Mr. Upton, Mr. Knollenberg, Mr. Barcia of
Michigan, and Mr. Camp.
H.R. 3951: Mr. Stearns.
H.R. 3992: Mr. Burton of Indiana.
H.R. 3994: Mr. Andrews of New Jersey.
H.R. 4028: Ms. Eddie Bernice Johnson of Texas.
H.R. 4050: Mr. Hastings.
H.R. 4056: Mr. Coyne, Mr. Cramer, Mr. Thomas of California,
Mr. Rahall, Mr. Levy, Mr. McHugh, and Mr. Sundquist.
H.R. 4178: Mr. Herger.
H.J. Res. 145: Mr. Zimmer, Mr. Ewing, Mr. Bachus of
Alabama, and Mr. Shays.
H.J. Res. 209: Mr. Sarpalius, Mr. Sundquist, and Mr.
Edwards of Texas.
H.J. Res. 302: Mr. Abercrombie, Mr. Grandy, Mr. Fawell, Mr.
LaRocco, Mrs. Johnson of Connecticut, Mr. Synar, Mr. Lewis of
California, Mr. Wynn, Mr. Pete Geren of Texas, and Mr.
Traficant.
H.J. Res. 303: Mr. Walsh, Mr. Edwards of Texas, Mr.
Kreidler, Mr. Livingston, Mr. Shaw, Ms. Velazquez, Ms.
Slaughter, Mr. Kim, and Mr. Skelton.
H.J. Res. 304: Mr. Hochbrueckner, Mr. LaFalce, Mr. Chapman,
Mr. Stupak, Mr. Gonzalez, Mr. Lantos, Mr. Bilbray, Mr.
Pallone, Mr. Machtley, Mr. Manton, Mr. Dellums, Mr. Bateman,
Mr. Jefferson, Mr. Fazio, and Mr. Tanner.
H.J. Res. 332: Mr. Vento, Mrs. Morella, Mr. Hughes, Mr.
Dellums, Mr. Frost, and Mr. Evans.
H. Con. Res. 124: Mr. Conyers, Mr. Payne of New Jersey, Mr.
Lewis of Georgia, and Mr. Cramer.
H. Con. Res. 148: Mr. Manton, Mr. Engel, and Mr. Hall of
Texas.
H. Con. Res. 212: Mr. Costello, Mr. DeFazio, Mr. Edwards of
California, Mr. Farr, Mr. Ford of Michigan, Mr. Gene Green of
Texas, Mr. Gutierrez, Mr. Johnson of South Dakota, Mr.
Kopetski, Ms. Eddie Bernice Johnson of Texas, Mr. Lewis of
Georgia, Mr. Mazzoli, Mr. Meehan, Mr. Miller of California,
Mr. Penny, Mr. Parker, Mr. Pomeroy, Mr. Price of North
Carolina, Mr. Reed, Mr. Rush, Mrs. Schroeder, Mr. Shays, Ms.
Slaughter, and Mrs. Unsoeld.
H. Con. Res. 227: Mr. Hancock.
Para. 34.26 petitions, etc.
Under clause 1 of rule XXII, petitions and papers were laid on the
Clerk's desk and referred as follows:
87. By the SPEAKER: Petition of the Township of Denville,
NJ, relative to military funds; to the Committee on Foreign
Affairs.
88. Also, petition of the city of Cincinnati, city hall,
Cincinnati, OH, relative to expenses of SORTA; to the
Committee on Public Works and Transportation.
.
TUESDAY, APRIL 19, 1994 (35)
The House was called to order by the SPEAKER at 10:30 a.m., when,
pursuant to the order of the House of Friday, February 11, 1994, Members
were recognized for ``morning hour'' debates.
Para. 35.1 recess--11:26 a.m.
The SPEAKER pro tempore, Ms. DANNER, pursuant to clause 12 of rule I,
declared the House in recess until 12 o'clock noon.
Para. 35.2 after recess--12:00 noon
The SPEAKER called the House to order.
Para. 35.3 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Monday, April 18, 1994.
Mr. McNULTY, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Mr. McNULTY objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
246
When there appeared
<3-line {>
Nays
155
Para. 35.4 [Roll No. 115]
YEAS--246
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
[[Page 633]]
Greenwood
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Hoke
Holden
Houghton
Hoyer
Hughes
Hutto
Inglis
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kingston
Kleczka
Klein
Klink
Kopetski
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCrery
McCurdy
McDermott
McHale
McInnis
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Mollohan
Montgomery
Moran
Murtha
Myers
Nadler
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Penny
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rostenkowski
Roybal-Allard
Rush
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Velazquez
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Wilson
Wise
Woolsey
Wyden
Yates
NAYS--155
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clay
Coble
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gingrich
Goodlatte
Goodling
Goss
Grams
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Horn
Huffington
Hunter
Hutchinson
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kim
King
Klug
Knollenberg
Kolbe
Kreidler
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Manzullo
McCandless
McCollum
McDade
McHugh
McKeon
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Murphy
Nussle
Oxley
Packard
Paxon
Petri
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (MS)
Taylor (NC)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--31
Abercrombie
Brown (CA)
Collins (IL)
Conyers
Engel
Fish
Ford (MI)
Ford (TN)
Gallo
Grandy
Hamburg
Hyde
Livingston
Lloyd
McCloskey
McMillan
Moakley
Neal (NC)
Pelosi
Peterson (FL)
Ridge
Rose
Rowland
Sabo
Thomas (CA)
Valentine
Vento
Washington
Whitten
Williams
Wynn
So the Journal was approved.
Para. 35.5 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2995. A letter from the Comptroller of the Department of
Defense, transmitting a report of a violation of the Anti-
Deficiency Act which occurred at the U.S. Army Finance and
Accounting Center, Indianapolis, IN, pursuant to 31 U.S.C.
1517(b); to the Committee on Appropriations.
2996. A letter from the Chief Staff Counsel, U.S. Court of
Appeals for the D.C. Circuit, transmitting an opinion of the
U.S. Court of Appeals for the D.C. Circuit; No. 93-1326--
William F. Callejo; Adelfa B. Callejo; William D. Graue v.
Resolution Trust Corporation (March 18, 1994); to the
Committee on Banking, Finance and Urban Affairs.
2997. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed technical assistance agreement for the export of
major defense equipment and services sold commercially to
Israel (Transmittal No. DTC-14-94), pursuant to 22 U.S.C.
2776(c); to the Committee on Foreign Affairs.
2998. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed technical assistance agreement for the export of
major defense equipment and services sold commercially to the
United Kingdom (Transmittal No. MC-9-94), pursuant to 22
U.S.C. 2776(c); to the Committee on Foreign Affairs.
2999. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed manufacturing license for the production of a
military item in Israel (Transmittal No. DTC-12-94), pursuant
to 22 U.S.C. 2776(d); to the Committee on Foreign Affairs.
3000. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed manufacturing license for the production of a
military item in Israel (Transmittal No. DTC-11-94), pursuant
to 22 U.S.C. 2776(d); to the Committee on Foreign Affairs.
3001. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of
the removal of items from the U.S. Munitions List, pursuant
to 22 U.S.C. 2778(f); to the Committee on Foreign Affairs.
3002. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a copy of
Presidential Determination No. 94-21: Drawdown of Commodities
and Services from the Inventory and Resources of the
Department of Defense to Support the Establishment of the
Palestinian Police Force, pursuant to 22 U.S.C. 2411; to the
Committee on Foreign Affairs.
3003. A communication from the President of the United
States, transmitting the bimonthly report on progress toward
a negotiated solution of the Cyprus problem, including any
relevant reports from the Secretary General of the United
Nations, pursuant to 22 U.S.C. 2373(c); to the Committee on
Foreign Affairs.
3004. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of
his determination that Israel is not being denied its right
to participate in the activities of the International Atomic
Energy Agency, pursuant to Public Law 99-88, chapter V (99
Stat. 323); Public Law 100-461, title I (102 Stat. 2268-3);
to the Committee on Foreign Affairs.
3005. A letter from the Secretary of Agriculture,
transmitting notification of his intention to award specific
watershed restoration contracts on National Forest System
lands outside the standard full and open competition
procedures required by the Competition in Contracting Act of
1984, pursuant to 41 U.S.C. 253(c)(7); to the Committee on
Government Operations.
3006. A letter from the Chief Staff Counsel, U.S. Court of
Appeals for the D.C. Circuit, transmitting an opinion of the
U.S. Court of Appeals for the D.C. Circuit; No. 92-5255--
Sweet Home Chapter of Communities for A Great Oregon, et al.
v. Bruce Babbitt, Secretary of the Interior, et al. (On
Petition for Rehearing) (March 11, 1994); to the Committee on
Merchant Marine and Fisheries.
3007. A letter from the Secretary of Veterans Affairs,
transmitting a draft of proposed legislation to authorize
additional major medical facility construction projects for
fiscal year 1994, at the Department of Veterans Affairs
Medical Center, Sepulveda, CA, and to waive the congressional
waiting period requirement for an administrative
reorganization at such facility, pursuant to 31 U.S.C. 1110;
to the Committee on Veterans's Affairs.
3008. A letter from the Chairman, Interstate Commerce
Commission, transmitting the Commission's 107th annual report
which summarizes its activities during fiscal year 1993,
pursuant to Public Law 96-448, Section 217(c)(1) (94 Stat.
1925); jointly, to the Committees on Energy and Commerce and
Public Works and Trasportation.
3009. A letter from the Administrator, Panama Canal
Commission, transmitting a draft of proposed legislation
entitled, ``Panama Canal Commission Authorization Act, fiscal
year 1995''; jointly, to the Committees on Merchant Marine
and Fisheries and the Judiciary.
3010. A letter from the Director of Central Intelligence,
transmitting a draft of proposed legislation entitled,
``Intelligence Authorization Act for fiscal year
1995,''pursuant to 31 U.S.C. 1110; jointly, to the Permanent
Select Committee on Intelligence and the Committees on Post
Office and Civil Service, Armed Services, Banking, Finance
and Urban Affairs, the Judiciary, Government Operations, and
Foreign Affairs.
Para. 35.6 hour of meeting
On motion of Mr. SCHUMER, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 10
o'clock a.m. on Wednesday, April 20, 1994.
Para. 35.7 technical corrections to native americans' laws
Mr. RICHARDSON moved to suspend the rules and pass the bill of the
Senate (S. 1654) to make certain technical corrections; as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY recognized Mr. RICHARDSON and
Mr. GRAMS, each for 20 minutes.
[[Page 634]]
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. SOLOMON objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
414
When there appeared
<3-line {>
Nays
2
Para. 35.8 [Roll No. 116]
YEAS--414
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clyburn
Coble
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Penny
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--2
Royce
Sensenbrenner
NOT VOTING--16
Abercrombie
Blackwell
Clinger
Collins (IL)
Cox
Fish
Gallo
Grandy
Livingston
Pelosi
Peterson (FL)
Stokes
Thomas (WY)
Washington
Whitten
Wynn
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
Para. 35.9 h.r. 3813--unfinished business
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and pass the bill (H.R. 3813) to establish a Middle East Development
Initiative to provide development assistance to countries in the Middle
East region for the purpose of promoting the peace process in that
region; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
416
<3-line {>
affirmative
Nays
0
Para. 35.10 [Roll No. 117]
YEAS--416
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
[[Page 635]]
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Penny
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--16
Abercrombie
Collins (IL)
Cox
Fish
Gallo
Grandy
Livingston
Payne (VA)
Pelosi
Peterson (FL)
Quinn
Sanders
Stokes
Washington
Whitten
Wynn
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 35.11 s. con. res. 31--unfinished business
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and agree to the concurrent resolution of the Senate (S. Con.
Res. 31) concerning the emancipation of the Iranian Baha'i community.
The question being put,
Will the House suspend the rules and agree to said concurrent
resolution?
The vote was taken by electronic device.
It was decided in the
Yeas
414
<3-line {>
affirmative
Nays
0
Para. 35.12 [Roll No. 118]
YEAS--414
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Penny
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--18
Abercrombie
Baker (CA)
Berman
Brown (CA)
Collins (IL)
Cox
Fish
Gallo
Grandy
Kleczka
Livingston
Pelosi
Peterson (FL)
Quinn
Stokes
Washington
Whitten
Wynn
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said concurrent resolution was agreed to was, by unanimous consent, laid
on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 35.13 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed without amendment a bill of the House of the
following title:
H.R. 4066. An Act to suspend temporarily the duty on the
personal effects of participants in, and certain other
individuals associated with, the 1994 World Cup Soccer Games,
the 1994 World Rowing Championships, the 1995 Special
Olympics World Games, the 1996 Summer Olympics, and the 1996
Paralympics.
The message also announced that pursuant to Public Law 93-29, as
amended by Public Laws 98-459 and 102-375, the Chair, on behalf of the
President pro tempore, reappointed Rudolph Cleghorn of Oklahoma,
reappointed to a 3-year term; and Stephen M. Farnham of Maine,
reappointed to a 3-
[[Page 636]]
year term; to the Federal Council on the Aging.
Para. 35.14 modification in appointment of conferees--h.r. 2333
The SPEAKER pro tempore, Mr. MONTGOMERY, by unanimous consent, and
pursuant to clause 6 of rule X, announced the following modification in
the appointment of conferees on (H.R. 2333) to authorize appropriations
for the Department of State, the United States Information Agency and
related agencies, to authorize appropriations for foreign assistance
programs, and for other purposes; in the second panel from the Committee
on Foreign Affairs, Mr. Diaz-Balart is appointed in lieu of Mr. Roth
only for consideration of section 755 of the Senate amendment.
Ordered, That the Clerk notify the Senate thereof.
Para. 35.15 crime control
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to House Resolution
401 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the further consideration
of the bill (H.R. 4092) to control and prevent crime.
Mr. TORRICELLI, Chairman of the Committee of the Whole, resumed the
chair; and after some time spent therein,
Para. 35.16 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. HYDE:
Page 91, strike line 15 and all that follows through line
16 on page 106.
It was decided in the
Yeas
270
<3-line {>
affirmative
Nays
159
Para. 35.17 [Roll No. 119]
AYES--270
Allard
Andrews (NJ)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Borski
Brewster
Browder
Brown (OH)
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Carr
Castle
Chapman
Clement
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
English
Everett
Ewing
Fawell
Fazio
Fields (TX)
Fingerhut
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Holden
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kim
King
Kingston
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
Lambert
Lancaster
LaRocco
Lazio
Leach
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Lloyd
Long
Machtley
Manzullo
Martinez
McCandless
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Neal (NC)
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Pastor
Paxon
Payne (VA)
Penny
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Sangmeister
Santorum
Sarpalius
Saxton
Schaefer
Schenk
Schiff
Sensenbrenner
Shaw
Shays
Shepherd
Shuster
Sisisky
Skeen
Skelton
Slattery
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stump
Stupak
Sundquist
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thurman
Torkildsen
Traficant
Upton
Valentine
Volkmer
Vucanovich
Walker
Walsh
Weldon
Williams
Wolf
Wyden
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--159
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bilbray
Bishop
Blackwell
Bonior
Boucher
Brooks
Brown (CA)
Brown (FL)
Bryant
Cardin
Clay
Clayton
Clyburn
Coleman
Collins (MI)
Conyers
Coyne
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Dingell
Dixon
Durbin
Edwards (CA)
Engel
Eshoo
Evans
Farr
Fields (LA)
Filner
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Gutierrez
Hall (OH)
Hamburg
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Hoyer
Hughes
Jacobs
Jefferson
Johnson, E. B.
Johnston
Kennedy
Kennelly
Kildee
Kleczka
Kopetski
LaFalce
Lantos
Laughlin
Levin
Lewis (GA)
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Matsui
Mazzoli
McCloskey
McDermott
McKinney
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Murphy
Nadler
Neal (MA)
Norton (DC)
Oberstar
Obey
Olver
Owens
Pallone
Payne (NJ)
Pelosi
Pickle
Price (NC)
Rahall
Rangel
Reed
Reynolds
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sharp
Skaggs
Slaughter
Smith (IA)
Stark
Stokes
Strickland
Studds
Swett
Swift
Synar
Thompson
Thornton
Torres
Torricelli
Towns
Tucker
Underwood (GU)
Unsoeld
Velazquez
Vento
Visclosky
Washington
Waters
Watt
Waxman
Wheat
Whitten
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--8
Collins (IL)
Faleomavaega (AS)
Fish
Gallo
Grandy
Livingston
Peterson (FL)
Romero-Barcelo (PR)
So the amendment was agreed to.
After some further time,
Para. 35.18 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. DERRICK:
TITLE VIII--HABEAS CORPUS REFORM
SEC. 801. FILING DEADLINES.
Section 2254 of title 28, United States Code, is amended by
adding at the end the following:
``(g)(1) In the case of an applicant under sentence of
death, any application for habeas corpus relief under this
section must be filed in the appropriate district court not
later than 1 year after--
``(A) the date of denial of a writ of certiorari, if a
petition for a writ of certiorari to the highest court of the
State on direct appeal or unitary review of the conviction
and sentence is filed, within the time limits established by
law, in the Supreme Court;
``(B) the date of issuance of the mandate of the highest
court of the State on direct appeal or unitary review of the
conviction and sentence, if a petition for a writ of
certiorari is not filed, within the time limits established
by law, in the Supreme Court; or
``(C) the date of issuance of the mandate of the Supreme
Court, if on a petition for a writ of certiorari the Supreme
Court grants the writ and disposes of the case in a manner
that leaves the capital sentence undisturbed.
``(2) The time requirements established by this section
shall be tolled--
``(A) during any period in which the State has failed to
provide counsel as required in section 2257 of this chapter;
``(B) during the period from the date the applicant files
an application for State postconviction relief until final
disposition of the application by the State appellate courts,
if all filing deadlines are met; and
``(C) during an additional period not to exceed 90 days, if
counsel moves for an extension in the district court that
would have jurisdiction of a habeas corpus application and
makes a showing of good cause.''.
SEC. 802. STAYS OF EXECUTION IN CAPITAL CASES.
Section 2251 of title 28, United States Code, is amended--
(1) by inserting ``(a)(1)'' before the first paragraph;
(2) by inserting ``(2)'' before the second paragraph; and
(3) by adding at the end the following:
``(b) In the case of an individual under sentence of death,
a warrant or order setting an execution shall be stayed upon
application to any court that would have jurisdiction over an
application for habeas corpus under this chapter. The stay
shall be contingent upon reasonable diligence by the
individual in pursuing relief with respect to such sentence
and shall expire it--
``(1) the individual fails to apply for relief under this
chapter within the time requirements established by section
2254(g) of this chapter;
[[Page 637]]
``(2) upon completion of district court and court of
appeals review under section 2254 of this chapter, the
application is denied and--
``(A) the time for filing a petition for a writ of
certiorari expires before a petition is filed;
``(B) a timely petition for a writ of certiorari is filed
and the Supreme Court denies the petition; or
``(C) a timely petition for certiorari is filed and, upon
consideration of the case, the Supreme Court disposes of it
in a manner that leaves the capital sentence undisturbed; or
``(3) before a court of competent jurisdiction, in the
presence of counsel qualified under section 2257 of this
chapter and after being advised of the consequences of the
decision, an individual waives the right to pursue relief
under this chapter.''.
SEC. 803. LAW APPLICABLE.
(a) In General.--Chapter 153 of title 28, United States
Code, is amended by adding at the end the following:
``Sec. 2256. Law applicable
``In an action under this chapter, the court shall not
apply a new rule. As used in this section, the term ``new
rule' means a clear break from precedent, announced by the
Supreme Court of the United States, that could not reasonably
have been anticipated at the time the claimant's sentence
became final in State court. A rule is not `new' merely
because it was not dictated or compelled by the precedents
existing at that time or because, at that time, it was
susceptible to debate among reasonable minds.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 153 of title 28, United States Code, is
amended by adding at the end the following new item:
``2256. Law applicable.''.
SEC. 804. COUNSEL IN CAPITAL CASES; STATE COURT.
(a) In General.--Chapter 153 of title 28, United States
Code, is amended by adding after the section added by section
803 the following:
Sec. 2257. Counsel in capital cases; State court
``(a) Notwithstanding section 2254(d) of this chapter, the
court in an action under this chapter shall neither presume a
finding of fact made in a State court proceeding specified in
subsection (b)(1) of this section to be correct nor decline
to consider a claim on the ground that it was not raised in
such a proceeding at the time or in the manner prescribed by
State law, unless--
``(1) the relevant State maintains a mechanism for
providing legal services to indigents in capital cases that
meets the specifications in subsection (b) of this section;
``(2) if the applicant in the instant case was eligible for
the appointment of counsel and did not waive such an
appointment, the State actually appointed an attorney or
attorneys to represent the applicant in the State proceeding
in which the finding of fact was made or the default
occurred; and
``(3) the attorney or attorneys so appointed substantially
met both the qualification standards specified in subsection
(b)(3)(A) or (b)(4) of this section and the performance
standards established by the appointing authority.
``(b) A mechanism for providing legal services to indigents
within the meaning of subsection (a)(1) of this section shall
include the following elements:
``(1) The State shall provide legal services to--
``(A) indigents charged with offenses for which capital
punishment is sought;
``(B) indigents who have been sentenced to death and who
seek appellate, collateral, or unitary review in State court;
and
``(C) indigents who have been sentenced to death and who
seek certiorari review of State court judgments in the United
States Supreme Court.
``(2) The State shall establish a counsel authority, which
shall be--
``(A) a statewide defender organization;
``(B) a resource center; or
``(C) a counsel authority appointed by the highest State
court having jurisdiction over criminal matters, consisting
of members of the bar with substantial experience in, or
commitment to, the representation of criminal defendants in
capital cases, and comprised of a balanced representation
from each segment of the State's criminal defense bar.
``(3) The counsel authority shall--
``(A) publish a roster of attorneys qualified to be
appointed in capital cases, procedures by which attorneys are
appointed, and standards governing qualifications and
performance of counsel, which shall include--
``(i) knowledge and understanding of pertinent legal
authorities regarding issues in capital cases; and
``(ii) skills in the conduct of negotiations and litigation
in capital cases, the investigation of capital cases and the
psychiatric history and current condition of capital clients,
and the preparation and writing of legal papers in capital
cases;
``(B) monitor the performance of attorneys appointed and
delete from the roster any attorney who fails to meet
qualification and performance standards; and
``(C) appoint a defense team, which shall include at least
2 attorneys, to represent a client at the relevant stage of
proceedings, within 30 days after receiving notice of the
need for the appointment from the relevant State court.
``(4) An attorney who is not listed on the roster shall be
appointed only on the request of the client concerned and in
circumstances in which the attorney requested is able to
provide the client with quality legal representation.
``(5) No counsel appointed pursuant to this section to
represent a prisoner in State postconviction proceedings
shall have previously represented the prisoner at trial or on
direct appeal in the case for which the appointment is made,
unless the prisoner and counsel expressly request continued
representation.
``(6) The ineffectiveness or incompetence of counsel
appointed pursuant to this section during State or Federal
postconviction proceedings shall not be a ground for relief
in a proceeding arising under section 2254 of this title.
This limitation shall not preclude the appointment of
different counsel at any phase of State or Federal
postconviction proceedings.
``(7) Upon receipt of notice from the counsel authority
that an individual entitled to the appointment of counsel
under this section has declined to accept such an
appointment, the court requesting the appointment shall
conduct, or cause to be conducted, a hearing, at which the
individual and counsel proposed to be appointed under this
section shall be present, to determine the individual's
competency to decline the appointment, and whether the
individual has knowingly and intelligently declined it.
``(8) Attorneys appointed pursuant to this section shall be
compensated on an hourly basis pursuant to a schedule of
hourly rates as periodically established by the counsel
authority after consultation with the highest State court
with jurisdiction over criminal matters. Appointed counsel
shall be reimbursed for expenses reasonably incurred in
representing the client, including the costs of law clerks,
paralegals, investigators, experts, or other support
services.
``(9) Support services for staff attorneys of a defender
organization or resource center shall be equal to the
services listed in paragraph (8).
``(10) This section shall take effect one year after the
date of the enactment of this section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 153 of title 28, United States Code, is
amended by adding after the item added by section 803 the
following new item:
``2257. Counsel in capital cases; State court.''.
SEC. 805. SUCCESSIVE FEDERAL PETITIONS.
Section 2244(b) of title 28, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by inserting ``, in the case of an applicant not under
sentence of death,'' after ``When''; and
(3) by adding at the end the following:
``(2) In the case of an applicant under sentence of death,
a claim presented in a second or successive application, that
was not presented in a prior application under this chapter,
shall be dismissed unless--
``(A) the applicant shows that--
``(i) the basis of the claim could not have been discovered
by the exercise of reasonable diligence before the applicant
filed the prior application; or
``(ii) the failure to raise the claim in the prior
application was due to action by State officials in violation
of the Constitution of the United States; and
``(B) the facts underlying the claim would be sufficient,
if proven, to undermine the court's confidence in the
applicant's guilt of the offense or offenses for which the
capital sentence was imposed, or in the applicant's legal
eligibility for that sentence.''.
SEC. 806. CERTIFICATES OF PROBABLE CAUSE.
The third paragraph of section 2253, of title 28, United
States Code, is amended to read as follows:
``An appeal may not be taken to the court of appeals from
the final order in a habeas corpus proceeding where the
detention complained of arises out of process issued by a
State court, unless the justice or judge who rendered the
order or a circuit justice or judge issues a certificate of
probable cause. However, an applicant under sentence of death
shall have a right of appeal without a certification of
probable cause, except after denial of a second or successive
application.''.
SEC. 807. DUTIES OF THE DISTRICT COURT.
Section 2254(a) of title 28, United States Code, is amended
by adding at the end the following:
``In adjudicating the merits of any such ground, the court
shall exercise independent judgment in ascertaining the
pertinent Federal legal standards and in applying those
standards to the facts and shall not defer to a previous
State court judgment regarding a Federal legal standard or
its application. Upon request, the court shall permit the
parties to present evidence regarding material facts that
were not adequately developed in State court. The court shall
award relief with respect to any meritorious constitutional
ground, unless, in the case of a violation that can be
harmless, the respondent shows that the error was harmless
beyond a reasonable doubt.''.
SEC. 808. CLAIMS OF INNOCENCE.
(a) In General.--Chapter 153 of title 28, United States
Code, is amended by adding after the provision added by
section 804 of this title the following:
``Sec. 2258. Claims of innocence
``(a) At any time, and notwithstanding any other provision
of law, a district court shall issue habeas corpus relief on
behalf of an applicant under sentence of death, imposed
either in Federal or in State court, who offers credible
newly discovered evidence which, had it been presented to the
trier of fact or
[[Page 638]]
sentencing authority at trial, would probably have resulted
in--
``(1) an acquittal of the offense for which the death
sentence was imposed; or
``(2) a sentence other than death.
``(b) An application filed pursuant to subsection (a) shall
offer substantial evidence which, if credible, would
establish one of the standards in subsection (a)(1) or (2).
An application that fails to do so may be dismissed.
``(c) If the court concludes that an application meets the
requirements in subsection (b), the court shall--
``(1) order the respondent to file an answer;
``(2) permit the parties to conduct reasonable discovery;
``(3) conduct a hearing to resolve disputed issues of fact;
and
``(4) upon request, issue a stay of execution pending
further proceedings in the district court and on direct
review of the district court's judgment.
``(d) If the court concludes that the applicant meets the
standards established by subsection (a)(1) or (2), the court
shall order his or her release, unless a new trial or, in an
appropriate case, a new sentencing proceeding, is conducted
within a reasonable time.
``(e) If the court determines that the applicant is
currently entitled to pursue other available and effective
remedies in either State or Federal court, the court may, at
the request of either party, suspend its consideration of the
application under this section until the applicant has
exhausted those remedies. A stay issued pursuant to
subsection (c) shall remain in effect during such a
suspension.
``(f) An application under this section may be consolidated
with any other pending application under this chapter, filed
by the same applicant.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 153 of title 28, United States Code, is
amended by adding after the item added by section 804 the
following new item:
``2258. Claims of innocence.''.
It was decided in the
Yeas
171
<3-line {>
negative
Nays
256
Para. 35.19 [Roll No. 120]
AYES--171
Abercrombie
Ackerman
Andrews (TX)
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bilbray
Bishop
Bonior
Boucher
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Cardin
Clay
Clayton
Clyburn
Coleman
Collins (MI)
Conyers
Costello
Coyne
Danner
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Dicks
Dingell
Dixon
Durbin
Edwards (CA)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Green
Gutierrez
Hall (OH)
Hamburg
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Hoyer
Hughes
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kennedy
Kennelly
Kildee
Kleczka
Kopetski
LaFalce
Lantos
Laughlin
Levin
Lewis (GA)
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Matsui
McCloskey
McDermott
McKinney
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Montgomery
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Owens
Pallone
Parker
Pastor
Payne (NJ)
Pelosi
Penny
Pickle
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Skaggs
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Thompson
Thornton
Torres
Torricelli
Towns
Tucker
Unsoeld
Velazquez
Vento
Visclosky
Washington
Waters
Watt
Waxman
Wheat
Whitten
Wilson
Wise
Woolsey
Wynn
Yates
NOES--256
Allard
Andrews (ME)
Andrews (NJ)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Borski
Brewster
Browder
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Carr
Castle
Chapman
Clement
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Cox
Cramer
Crane
Crapo
Cunningham
Darden
de la Garza
Deal
DeLay
Deutsch
Diaz-Balart
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fingerhut
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Holden
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Johnson (CT)
Johnson (GA)
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kim
King
Kingston
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
Lambert
Lancaster
LaRocco
Lazio
Leach
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Lloyd
Long
Machtley
Manzullo
Martinez
Mazzoli
McCandless
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nussle
Ortiz
Orton
Oxley
Packard
Paxon
Payne (VA)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Sangmeister
Santorum
Sarpalius
Saxton
Schaefer
Schenk
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Slattery
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thurman
Torkildsen
Traficant
Upton
Valentine
Volkmer
Vucanovich
Walker
Walsh
Weldon
Williams
Wolf
Wyden
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--10
Blackwell
Collins (IL)
Faleomavaega (AS)
Fish
Gallo
Grandy
Livingston
Peterson (FL)
Romero-Barcelo (PR)
Underwood (GU)
So the amendment was not agreed to.
Para. 35.20 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the preferential motion submitted by Mr. McCOLLUM that the
Committee do now rise and report the bill back to the House with the
recommendation that the enacting clause be stricken out.
It was decided in the
Yeas
184
<3-line {>
negative
Nays
246
Para. 35.21 [Roll No. 121]
AYES--184
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cooper
Cox
Crane
Crapo
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lancaster
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Tanner
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Traficant
Upton
Valentine
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
[[Page 639]]
NOES--246
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (MN)
Pickett
Pickle
Pomeroy
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Romero-Barcelo (PR)
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Tucker
Underwood (GU)
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Washington
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--7
Collins (IL)
Faleomavaega (AS)
Fish
Frank (MA)
Gallo
Grandy
Peterson (FL)
So the preferential motion was not agreed to.
After some further time,
Para. 35.22 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. SOLOMON:
Page 24, line 23, strike ``Violent Felons'' and insert
``Criminals''.
Page 25, line 4, insert ``or a serious drug offense'' after
``serious violent felony''.
Page 25, line 9, strike ``of--'' and all that follows
through ``drug offenses'' in line 12 and insert ``serious
violent felonies or serious drug offenses, or any combination
of such felonies and offenses.''.
It was decided in the
Yeas
303
<3-line {>
affirmative
Nays
126
Para. 35.23 [Roll No. 122]
AYES--303
Abercrombie
Ackerman
Allard
Andrews (NJ)
Andrews (TX)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Borski
Boucher
Brewster
Browder
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clement
Clinger
Coble
Coleman
Collins (GA)
Combest
Condit
Cooper
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
Engel
English
Everett
Ewing
Fawell
Fields (TX)
Fingerhut
Fowler
Franks (CT)
Franks (NJ)
Frost
Gallegly
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Kaptur
Kasich
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Machtley
Manton
Manzullo
Margolies-Mezvinsky
Martinez
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McMillan
Menendez
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nussle
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Penny
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Romero-Barcelo (PR)
Ros-Lehtinen
Rostenkowski
Roth
Roukema
Rowland
Royce
Sangmeister
Santorum
Sarpalius
Saxton
Schaefer
Schenk
Schiff
Sensenbrenner
Shaw
Shays
Shepherd
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Strickland
Stump
Stupak
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thornton
Thurman
Torkildsen
Torres
Torricelli
Traficant
Upton
Valentine
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wheat
Whitten
Wilson
Wise
Wolf
Wyden
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--126
Andrews (ME)
Applegate
Barrett (WI)
Becerra
Beilenson
Berman
Blackwell
Bonior
Brooks
Brown (CA)
Brown (FL)
Clay
Clayton
Clyburn
Collins (MI)
Conyers
Coppersmith
Coyne
DeFazio
DeLauro
Dellums
Derrick
Dingell
Dixon
Edwards (CA)
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Furse
Gejdenson
Gephardt
Glickman
Gonzalez
Gutierrez
Hamburg
Hastings
Hilliard
Hinchey
Hughes
Jacobs
Jefferson
Johnson, E. B.
Johnston
Kanjorski
Kennedy
Kennelly
Kildee
Kleczka
Klein
Kopetski
LaFalce
Laughlin
Levin
Lewis (GA)
Lowey
Maloney
Mann
Markey
Matsui
Mazzoli
McDermott
McKinney
McNulty
Meehan
Meek
Mfume
Miller (CA)
Mineta
Mink
Moakley
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Owens
Payne (NJ)
Pelosi
Pickle
Rangel
Reed
Rohrabacher
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sharp
Skaggs
Slattery
Slaughter
Smith (IA)
Stark
Stokes
Studds
Swift
Synar
Thompson
Towns
Tucker
Underwood (GU)
Unsoeld
Velazquez
Vento
Visclosky
Waters
Watt
Waxman
Williams
Woolsey
Wynn
Yates
NOT VOTING--8
Collins (IL)
Faleomavaega (AS)
Fish
Gallo
Grandy
Peterson (FL)
Rose
Washington
So the amendment was agreed to.
After some further time,
Para. 35.24 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the preferential motion submitted by Mr. McCOLLUM that the
Committee do now rise and report the bill back to the House with the
recommendation that the enacting clause be stricken out.
It was decided in the
Yeas
180
<3-line {>
negative
Nays
245
Para. 35.25 [Roll No. 123]
AYES--180
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Callahan
Calvert
Camp
[[Page 640]]
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lancaster
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Paxon
Penny
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Stupak
Sundquist
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Traficant
Upton
Valentine
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--245
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Romero-Barcelo (PR)
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Swett
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Tucker
Underwood (GU)
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--12
Allard
Buyer
Collins (IL)
Faleomavaega (AS)
Fish
Gallo
Grandy
Kaptur
Neal (NC)
Peterson (FL)
Washington
Williams
So the preferential motion was not agreed to.
After some further time,
Para. 35.26 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. CHAPMAN:
Add at the appropriate place the following:
TITLE --TRUTH IN SENTENCING
SEC. . GRANTS.
The Attorney General is authorized to provide grants to
States to build, expand, or operate space in correctional
facilities in order to increase the prison bed capacity in
such facilities in order to reach the goals set forth in
section
SEC. . FEDERAL FUNDS.
(a) Distribution of Funds in Fiscal Year 1995.--Of the
total amount of funds appropriated under this title in fiscal
year 1995, there shall be allocated to each State an amount
which bears the same ratio to the amount of funds
appropriated pursuant to this title as the number of part I
violent crimes reported by the States to the Federal Bureau
of Investigation for 1993 bears to the number of part I
violent crimes reported by all States to the Federal Bureau
of Investigation for 1993.
(b) Distribution of Funds in Fiscal Years 1996 Through
1999.--75 percent of the total amount of funds appropriated
under this title in fiscal years 1996, 1997, 1998, and 1999
shall be allocated to each State according to the formula
establish in subsection (a) adjusted to reflect in each year
the most recent data from the Federal Bureau of Investigation
reporting Part I violent crimes.
(c) Good Faith Effort.--In order to be eligible for funding
under subsections (a) and (b), a State shall submit an
application and give the Attorney General assurances that it
will make a good faith and cost effective effort to become
eligible for a grant under subsection (d).
(d) Truth in Sentencing Incentive Fund.--25 percent of the
total amount of funds appropriated under this title in each
of the fiscal years 1996, 1997, 1998, and 1999 shall be
allocated to each eligible State according to the same ratios
established in subsection (b) multiplied by the percentage
change in the States' percentage of time to be served by the
persons convicted of violent crimes divided by the average of
all States' percentage change in percentage of time to be
served by the persons convicted of violent crimes. States
which have achieved a Truth in Sentencing standard of violent
criminals serving 85 percent of prison time assessed shall
receive the incentive funds based on the average of such
percentage change ratios of all States multiplied by the
States percentage of total Part I violent crime reported.
(e) Eligibility for Truth in Sentencing Incentive Fund.--In
order to be eligible for grants under subsection (d), a State
must demonstrate that it has since 1993--
(1) increased the percentage of convicted violent offenders
sentenced to prison;
(2) increased the average prison time actually to be served
in prison by convicted violent offenders sentenced to prison;
and
(3) increased the percentage of sentence to be actually
served in prison by violent offenders sentenced to prison.
(f) Law Changes.--As evidence of such good faith effort to
meet the goals contained in subsection (e), a State may make
changes to its laws and regulations which may include--
(1) truth in sentencing laws which will require persons
convicted of violent crimes to serve not less than 85 percent
of the sentence imposed;
(2) mandatory prison sentences for persons convicted of the
most serious violent crimes;
(3) pretrial detention for persons whose release it can be
shown would pose a danger to any other person or the
community;
(4) sentencing authority to allow the defendant's victims
or the family of victims the opportunity to be heard
regarding the issue of sentencing and provide that the victim
or the victim's family will be notified whenever such
defendant is to be released; or
(5) that a person who is convicted of a serious violent
crime shall be sentenced to life imprisonment if--
(A) the person has been convicted on 2 or more prior
occasions in a court of the United States or of a State of a
serious violent crime, or of 1 or more serious violent crimes
and 1 or more serious drug offenses; and
(B) each serious violent crime or serious drug offense used
as a basis for sentencing under this subsection, other than
the first, was committed after the defendant's conviction of
the preceding serious violent crime or serious drug offense.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--For purposes of this title, there are
authorized to be appropriated--
(1) $2,500,000,000 for fiscal year 1995;
(2) $2,000,000,000 for fiscal year 1996;
(3) $2,000,000,000 for fiscal year 1997;
(4) $2,000,000,000 for fiscal year 1998; and
(5) $2,000,000,000 for fiscal year 1999.
(b) Limitations on Funds.--
(1) Nonsupplanting requirement.--Funds made available under
this section shall not be used to supplant State funds, but
shall be used to increase the amount of funds that would, in
the absence of Federal funds, be made available from State
sources.
(2) Administrative costs.--Not more than 3 percent of the
funds available under this section may be used for
administrative costs.
(3) Matching funds.--The portion of the costs of a program
provided by a grant under this section may not exceed 90
percent of the total costs of the program as described in the
application.
[[Page 641]]
(4) Carry over of appropriations.--Any funds appropriated
but not expended as provided by this section during any
fiscal year shall be carried over and will be made available
until expended.
SEC. . DEFINITIONS.
For purposes of this title--
(1) the term ``violent crime'' means--
(A) a felony offense that has an element the use, attempted
use, or threatened use of physical force against the person
of another, or
(B) any other offense that is a felony and that, by its
nature, involves substantial risk that physical force against
the person of another may be used in the course of committing
the offense.;
(2) the term ``serious drug offender'' has the same meaning
as that is used in section 924(e)(2)(A) of title 18, United
States Code;
(3) the term ``State'' means any of the United States and
the District of Columbia;
(4) the term ``convicted'' means convicted and sentenced to
a term in a State corrections institution or a period of
formal probation; and
(5) the term ``Part I violent crimes'' means murder, rape,
robbery, and aggravated assault as those offenses are
reported to the Federal Bureau of Investigation for purposes
of the Uniform Crime Reports.
It was decided in the
Yeas
377
<3-line {>
affirmative
Nays
50
Para. 35.27 [Roll No. 124]
AYES--377
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Carr
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
DeLay
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (TX)
Filner
Fingerhut
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mica
Michel
Miller (FL)
Mineta
Mink
Moakley
Molinari
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Neal (MA)
Neal (NC)
Nussle
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Sensenbrenner
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Traficant
Unsoeld
Upton
Valentine
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--50
Becerra
Blackwell
Brown (FL)
Cardin
Clay
Collins (MI)
Conyers
Dellums
Dixon
Ehlers
Fields (LA)
Flake
Foglietta
Ford (MI)
Frank (MA)
Hilliard
Kanjorski
Lewis (GA)
McDermott
McKinney
Mfume
Miller (CA)
Minge
Mollohan
Nadler
Norton (DC)
Oberstar
Obey
Olver
Owens
Payne (NJ)
Pelosi
Penny
Rangel
Rush
Sabo
Scott
Serrano
Skaggs
Stokes
Swift
Synar
Towns
Tucker
Underwood (GU)
Velazquez
Washington
Waters
Watt
Yates
NOT VOTING--10
Andrews (NJ)
Collins (IL)
Faleomavaega (AS)
Fish
Gallo
Grandy
Johnson (CT)
Kaptur
Peterson (FL)
Stark
So the amendment was agreed to.
After some further time,
Para. 35.28 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. SCHIFF:
Page 33, strike line 14 and all that follows through line 3
on page 34.
It was decided in the
Yeas
205
<3-line {>
negative
Nays
216
Para. 35.29 [Roll No. 125]
AYES--205
Allard
Andrews (TX)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bevill
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Browder
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Carr
Castle
Coble
Collins (GA)
Combest
Condit
Cooper
Cox
Cramer
Crane
Crapo
Cunningham
Darden
DeLay
Deutsch
Diaz-Balart
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Emerson
Everett
Ewing
Fawell
Fields (TX)
Ford (TN)
Fowler
Franks (CT)
Gallegly
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Gordon
Goss
Grams
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Holden
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Kleczka
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Livingston
Lloyd
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Moran
Murphy
Myers
Nussle
Ortiz
Orton
Oxley
Packard
Paxon
Payne (VA)
Peterson (MN)
Petri
Pickle
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thurman
Torkildsen
Valentine
Vucanovich
Walker
Walsh
Weldon
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--216
Abercrombie
Ackerman
Andrews (ME)
Applegate
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bereuter
Berman
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (MI)
Conyers
Coppersmith
Costello
Coyne
[[Page 642]]
Danner
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Dicks
Dingell
Dixon
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gilman
Glickman
Gonzalez
Green
Greenwood
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Horn
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kennedy
Kennelly
Kildee
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Levin
Lewis (GA)
Lipinski
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Morella
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Owens
Pallone
Parker
Pastor
Payne (NJ)
Pelosi
Penny
Pickett
Pomeroy
Poshard
Price (NC)
Rahall
Reed
Reynolds
Romero-Barcelo (PR)
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Shepherd
Slattery
Slaughter
Smith (IA)
Spratt
Stokes
Strickland
Studds
Stupak
Swift
Synar
Thompson
Thornton
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Upton
Velazquez
Vento
Visclosky
Volkmer
Washington
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
NOT VOTING--16
Andrews (NJ)
Brewster
Collins (IL)
Faleomavaega (AS)
Fish
Ford (MI)
Franks (NJ)
Gallo
Grandy
Kaptur
Linder
Peterson (FL)
Rangel
Rose
Sharp
Stark
So the amendment was not agreed to.
After some further time,
Para. 35.30 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following substitute amendment submitted by Mr. HUGHES
for the amendment submitted by Mr. McCOLLUM:
Substitute amendment submitted by Mr. HUGHES:
Strike title VI and insert the following:
TITLE VI--VIOLENT OFFENDER INCARCERATION
SEC. 601. GRANTS FOR CORRECTIONAL FACILITIES.
(a) Grant Authorization.--The Attorney General may make
grants to individual States and to States, organized as
multi-State compacts, to develop, expand, modify, or improve
correctional facilities and programs to ensure that prison
cell space is available for the confinement of violent
offenders.
(b) Eligibility.--To be eligible to receive a grant under
this title a State or States, organized as multi-State
compacts, shall submit an application to the Attorney General
which includes--
(1) assurances that the State or States, have implemented,
or will implement, correctional policies and programs,
including truth in sentencing laws that ensure that violent
offenders serve a substantial portion of the sentences
imposed, that are designed to provide sufficiently severe
punishment for violent offenders, including violent juvenile
offenders, and that the prison time served is appropriately
related to the determination that the inmate is a violent
offender and for a period of time deemed necessary to protect
the public;
(2) assurances that the State or States have implemented
policies that provide for the recognition of the rights and
needs of crime victims;
(3) assurances that funds received under this section will
be used to develop, expand, modify, or improve correctional
facilities and programs to ensure that prison cell space is
available for the confinement of violent offenders;
(4) assurances that the State or States have a
comprehensive correctional plan which represents an
integrated approach to the management and operation of
correctional facilities and programs and which includes
diversional programs, particularly drug diversion programs,
community corrections programs, a prisoner screening and
security classification system, prisoner rehabilitation and
treatment programs, prisoner work activities (including, to
the extent practicable, activities relating to the
development, expansion, modification, or improvement of
correctional facilities), and job skills programs, a pre-
release prisoner assessment to provide risk reduction
management, post-release assistance, and an assessment of
recidivism rates;
(5) assurances that the State or States have involved
counties and other units of local government, when
appropriate, in the development, expansion, modification, or
improvement of correctional facilities and programs designed
to ensure the incarceration of violent offenders;
(6) assurances that funds received under this section will
be used to supplement, not supplant, other Federal, State,
and local funds; and
(7) documentation of the multi-State compact agreement that
specifies the development, expansion, modification, or
improvement of correctional facilities and programs.
(c) Consideration.--The Attorney General, in making such
grants shall give consideration to the special burden placed
on States which incarcerate a substantial number of inmates
who are in the United States illegally.
(d) Matching Requirement.--The Federal share of a grant
received under this title may not exceed 75 percent of the
costs of a proposal described in an application approved
under this title.
SEC. 602. RULES AND REGULATIONS.
The Attorney General shall issue rules and regulations
regarding the uses of grant funds received under this title
not later than 90 days after the date of the enactment of
this title.
SEC. 603. TECHNICAL ASSISTANCE AND TRAINING.
The Attorney General may request that the Director of the
National Institute of Corrections and the Director of the
Federal Bureau of Prisons provide technical assistance and
training to a State or States that receive a grant under this
title to achieve the purposes of this title.
SEC. 604. EVALUATION.
The Attorney General may request the Director of the
National Institute of Corrections to assist with an
evaluation of programs established with funds under this
title.
SEC. 605. DEFINITION.
For purposes of this title, the term ``State or States''
means any State, the District of Columbia, the Commonwealth
of Puerto Rico, the United States Virgin Islands, American
Samoa, Guam, and the Northern Mariana Islands.
SEC. 606. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $600,000,000 for
each of the fiscal years 1995 through 1999 to carry out the
purposes of this title.
Amendment submitted by Mr. McCOLLUM:
Strike title VI and insert the following:
SEC 601. SHORT TITLE.
This title may be cited as the ``Violent Offender
Incarceration Act''.
SEC 602. GRANTS FOR CORRECTIONAL FACILITIES.
(a) Grant Authorization.--The Attorney General may make
grants to individual eligible States and to eligible States,
organized as regional compacts--
(1) to develop, construct, expand and operate correctional
facilities to ensure that prison space is available for the
confinement of persons convicted of a serious violent felony,
and
(2) to develop, construct, expand, and operate temporary or
permanent correctional facilities, including facilities on
military bases, for the confinement of convicted nonviolent
offenders and criminal aliens for the purpose of freeing
suitable existing prison space for the confinement of persons
convicted of a serious violent felony.
(b) Eligibility.--To be eligible to receive a grant under
this title a State or States, organized as regional compacts,
shall submit an application to the Attorney General which
includes--
(1) a plan consistent with section 2(b)(2)(A) to
incarcerate all criminals convicted of a serious violent
felony over the next 5 years with Federal assistance;
(2) a certification that the State or States--
(A) have established a truth in sentencing policy under
which offenders will serve no less than 85 percent of the
term of imprisonment to which they are sentenced with respect
to conviction of a serious violent felony after having been
convicted of a prior serious violent felony or a serious drug
offense;
(B) have established pretrial detention similar to and at
least as restrictive as that provided in the Federal system
under section 3142 of title 18, United States Code;
(C) have established provisions which require that a person
who is convicted of a serious violent felony shall be
sentenced to life imprisonment if--
(i) the person has been convicted (and those convictions
have become final) on 2 or more prior occasions in a court of
the United States or of a State of a serious violent felony,
or of 1 or more serious violent felonies and 1 or more
serious drug offenses; and
(ii) each serious violent felony or serious drug offense
used as a basis for sentencing under this subsection, other
than the first, was committed after the defendant's
conviction of the preceding serious violent felony or serious
drug offense;
(D) have established provisions which require the
sentencing authority to allow defendant's victims (limited to
the victims of defenders convicted of a serious violent
felony) or the family of victims the opportunity to be heard
regarding the issue of sentencing, and provide that the
victim and victims family is notified whenever such defendant
is to be released;
[[Page 643]]
(E) will use funds received under this title to supplement,
not supplant, other Federal, State, and local funds.
(c) Exception.--The sentencing requirements under
subparagraphs (A) and (C) of subsection (b)(2) shall apply
except that the State may provide that the Governor of the
State may allow for the release of a prisoner over the age of
70 after a public hearing in which representatives of the
public and the prisoner's victims have an opportunity to be
heard regarding a proposed release.
(d) Additional Eligibility Provision.--A State shall also
be eligible for funding under this title when such State has
enacted legislation that provides for the State to be in
compliance with this section not later than 3 years after the
date of the enactment of such legislation or with respect to
subparagraph (A) of the subsection (b)(2) a State may receive
funding upon approval of the Attorney General of a good faith
plan to reach the 85 percent requirement within 5 years.
(e) Consideration.--The Attorney General, in making such
grants, shall give consideration to the special burden placed
on States which incarcerate a substantial number of inmates
who are in the United States illegally.
SEC. 603. FEDERAL FUNDS.
(a) Authorization of Appropriations.--There are authorized
to be appropriated $2,000,000,000 for each of the fiscal
years 1995 through 1999 to carry out the purposes of this
title.
(b) Carry Over of Appropriations.--Any funds authorized,
but not expended during a fiscal year shall be carried over
and will be made available until expended.
(c) Matching Requirement.--The Federal share of a grant
received under this title may not exceed 75 percent of the
costs of a proposal described in an application approved
under this title.
SEC. 604. RULES AND REGULATIONS.
The Attorney General shall issue rules and regulations
regarding the uses of grant funds received under this title
not later than 90 days after the date of the enactment of
this title.
SEC. 605. DEFINITIONS AS USED IN THIS TITLE.
As used in this section--
(1) The term ``arson'' means an offense that has as its
elements maliciously damaged or destroying any building,
inhabited structure, vehicle, vessel, or real property by
means of fire or an explosive;
(2) the term ``assault with intent to commit rape'' means
an offense that has as its elements engaging in physical
conduct by which a person intentionally places another person
in fear of aggravated sexual abuse or sexual abuse (as
described in sections 2241 and 2242 of title 18, United
States Code);
(3) the term ``extortion'' means an offense that has as its
elements the extraction of anything of value from another
person by threatening or placing that person in fear of
injury to any person or kidnapping of any person;
(4) the term ``firearms use'' means an offense that has as
its elements those described in section 924(c) or 929(a) of
title 18, United States Code, if the firearm was brandished,
discharged, or otherwise used as a weapon and the crime of
violence or drug trafficking crime during and relation to
which the firearm was used was subject to prosecution in a
court of the United States or a court of a State, or both;
(5) the term ``kidnapping'' means an offense that has as
its elements the abduction, restraining, confining, or
carrying away of another person by force or threat of force;
(6) the term ``serious violent felony'' means--
(A) a Federal or State offense, by whatever designation and
wherever committed, consisting of murder (as described in
section 1111 of title 18, United States Code); manslaughter
other than involuntary manslaughter (as described in section
1112 of such title); assault with intent to commit murder (as
described in section 113(a) of such title); assault with
intent to commit rape; aggravated sexual abuse and sexual
abuse (as described in sections 2241 and 2242 of such title);
abusive sexual contact (as described in section 2244(a)(1)
and 2244(a)(2) of such title); kidnapping; aircraft piracy
(as described in section 902(i)(2) or 902(n)(2) of the
Federal Aviation Act of 1958 (49 U.S.C. 1472(i)(2) or
(n)(2)); robbery (as described in section 2111 of title 18,
United States Code); carjacking (as described in section 2119
of title 18) extortion; arson; firearms use; or attempt,
conspiracy, or solicitation to commit any of the above
offenses;
(B) any other offense punishable by a maximum term of
imprisonment of 10 years or more that has as an element the
use, attempted use, or threatened use of physical force
against the person of another or that, by its nature,
involves a substantial risk that physical force against the
person of another may be used in the course of committing the
offense;
(C) robbery; an attempt, conspiracy, or solicitation to
commit robbery, or an offense described in paragraph (6)(B)
shall not serve as a basis for sentencing under this title if
the defendant establishes by clear and convincing evidence
that--
(i) no firearm or other dangerous weapon was involved in
the offense; and
(ii) the offense did not result in death or serious bodily
injury (as defined in section 1365) to any person; or
(D) arson shall not serve as the basis for sentencing under
this title if the defendant establishes by clear and
convincing evidence that--
(i) the offense posed no threat to human life; and
(ii) the defendant reasonably believed the offense posed no
threat to human life;
(7) the term ``serious drug offense'' means--
(i) an offense subject to a penalty provided for in section
401(b)(1)(A) or 408 of the Controlled Substances Act or
section 1010(b)(1)(A) of the Controlled Substances Import and
Export Act; or
(ii) an offense under State law that, had the offense been
prosecuted in a court of the United States, would have been
subject to a penalty provided for in section 401(b)(1)(A) or
408 of the Controlled Substances Act or section 1010(b)(1)(A)
of the Controlled Substances Import and Export Act.
(8) the term ``State'' means a State of the United States,
the District of Columbia, or any commonwealth, territory, or
possession of the United States.
The vote was taken by electronic device.
Yeas
215
It was decided in the
Nays
206
<3-line {>
affirmative
Answered present
1
Para. 35.31 [Roll No. 126]
AYES--215
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Baesler
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brooks
Brown (CA)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clyburn
Coleman
Collins (GA)
Collins (MI)
Conyers
Cooper
Coppersmith
Costello
Coyne
Danner
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Dicks
Dingell
Dixon
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Hoyer
Hughes
Hutto
Inglis
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kennedy
Kennelly
Kildee
Kleczka
Klein
Kopetski
Kreidler
LaFalce
Lancaster
Lantos
LaRocco
Laughlin
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Penny
Pickett
Pomeroy
Poshard
Price (NC)
Rahall
Reed
Reynolds
Romero-Barcelo (PR)
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Towns
Tucker
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Washington
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOES--206
Allard
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barca
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Brewster
Browder
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Combest
Condit
Cox
Cramer
Crane
Crapo
Cunningham
Darden
DeLay
Deutsch
Diaz-Balart
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Holden
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
Kyl
Lambert
Lazio
Leach
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Machtley
Manzullo
[[Page 644]]
Margolies-Mezvinsky
McCandless
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Montgomery
Moorhead
Moran
Morella
Murphy
Myers
Nussle
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (MN)
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Sisisky
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Swett
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Torricelli
Traficant
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
ANSWERED ``PRESENT''--1
Waters
NOT VOTING--15
Andrews (NJ)
Brown (FL)
Clement
Collins (IL)
Faleomavaega (AS)
Fish
Ford (MI)
Franks (NJ)
Gallo
Grandy
Kaptur
Peterson (FL)
Pickle
Rangel
Stark
So the substitute amendment to the amendment was agreed to.
After some further time,
The SPEAKER pro tempore, Mr. BAESLER, assumed the Chair.
When Mr. TORRICELLI, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
Para. 35.32 order of business--consideration of h.r. 2884
On motion of Mr. MILLER of California, by unanimous consent,
Ordered, That it may be in order on Wednesday, April 20, 1994, or any
day thereafter, for the House to consider the conference report on the
bill (H.R. 2884) to establish a national framework for the development
of School-to-Work Opportunities systems in all States, and for other
purposes; and all points of order against said conference report and its
consideration are hereby waived, and said conference report shall be
considered as read when called up.
Para. 35.33 permission to file conference report
On motion of Mr. MILLER of California, by unanimous consent, the
managers on the part of the House were granted permission until midnight
tonight to file a conference report (Rept. No. 103-480) on the bill
(H.R. 2884) to establish a national framework for the development of
School-to-Work Opportunities systems in all States, and for other
purposes; together with a statement thereon, for printing in the Record
under the rule.
Para. 35.34 honorable thomas p. ``tip'' o'neill year
Mr. ROSE moved to suspend the rules and agree to the following
resolution (H. Res. 329); as amended:
Whereas the death of the late Speaker of the House of
Representatives, Thomas P. ``Tip'' O'Neill, Jr., on January
5, 1994, has created not only a personal loss to his many
friends and colleagues, but also a great loss to the Nation;
Whereas Speaker O'Neill, is remembered by all for his
dedication to good government and his love for the people of
the United States;
Whereas Speaker O'Neill's compassion and goodness of heart
and his spirit of cooperation and conciliation were evident
to all who knew him;
Whereas in the House of Representatives and in his life,
Speaker O'Neill's personal charm and political skill
transcended differences of personality and party;
Whereas Speaker O'Neill presided over the House of
Representatives from the Ninety-fifth Congress through the
Ninety-ninth Congress and emerged as one of the greatest
American political leader of this century; and
Whereas it is appropriate that the House of Representatives
rededicate itself to the principles of leadership personified
by Speaker O'Neill: Now, therefore, be it
Resolved, That 1994 is designated as a year to honor the
memory and leadership qualities of the Honorable Thomas P.
``Tip'' O'Neill, Jr., the late Speaker of the House of
Representatives.
Sec. 2. The Committee on House Administration of the House
of Representatives shall have authority to prescribe
regulations to carry out this resolution.
The SPEAKER pro tempore, Mr. BAESLER, recognized Mr. ROSE and Mr.
THOMAS of California, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said resolution, as
amended?
The SPEAKER pro tempore, Mr. BAESLER, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. ROSE demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. BAESLER, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Wednesday, April 20, 1994, pursuant to the prior announcement of the
Chair.
Para. 35.35 enrolled bill signed
Mr. ROSE, from the Committee on House Administration, reported that
that committee had examined and found truly enrolled a bill of the House
of the following title, which was thereupon signed by the Speaker:
H.R. 4066. An Act to suspend temporarily the duty on the
personal effects of participants in, and certain other
individuals associated with, the 1994 World Cup Soccer Games,
the 1994 World Rowing Championships, the 1995 Special
Olympics World Games, the 1996 Summer Olympics, and the 1996
Paralympics.
Para. 35.36 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. GALLO, for the week of April 18;
To Mr. PORTMAN, for April 18;
To Mr. FISH, for today;
To Mrs. COLLINS of Illinois, for today;
To Mr. FALEOMAVAEGA, for today; and
To Mr. FRANKS of New Jersey, for today after 6:30 p.m.
And then,
Para. 35.37 adjournment
On motion of Mr. SWETT, pursuant to the special order heretofore
agreed, at 11 o'clock and 11 minutes p.m., the House adjourned until 10
o'clock a.m. on Wednesday, April 20, 1994.
Para. 35.38 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. MILLER of California. Committee on Natural Resources,
S. 1654. An Act to make certain technical corrections; with
an amendment (Rept. No. 103-479, Pt. 1). Ordered to be
printed.
Mr. FORD of Michigan. Committee of Conference. Conference
report on H.R. 2884. A bill to establish a national framework
for the development of school-to-work opportunities systems
in all States, and for other purposes (Rep. 103-480). Ordered
to be printed.
Para. 35.39 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. ROSTENKOWSKI:
H.R. 4245. A bill to amend title II of the Social Security
Act and the Internal Revenue Code of 1986 to provide for the
long-range solvency of the old-age, survivors, and disability
insurance program; to the Committee on Ways and Means.
By Mr. TAUZIN (for himself and Mr. Studds):
H.R. 4246. A bill to authorize expenditures for fiscal year
1995 for the operation and maintenance of the Panama Canal,
and for other purposes; to the Committee on Merchant Marine
and Fisheries.
By Mr. BARTLETT of Maryland:
H.R. 4247. A bill to establish the Department of Energy
Laboratory Facilities Commission, and for other purposes;
jointly, to the Committees on Science, Space, and Technology;
Armed Services; and Rules.
By Mr. FIELDS of Texas:
H.R. 4248. A bill to provide for the protection of books
and materials from the Library of Congress, and for other
purposes; to the Committee on House Administration.
By Mr. FRANK of Massachusetts:
H.R. 4249. A bill to amend Public Law 89-732 to permit the
adjustment to lawful permanent residence of Haitians in the
same manner as provided for Cubans; to the Committee on the
Judiciary.
By Mr. MARTINEZ (for himself, Ms. Molinari, Mr. Ford of
Michigan, Mr. Goodling, Mr. Kildee, Mr. Williams, Mr.
Miller of California, and Mr. Castle):
H.R. 4250. A bill to authorize appropriations for fiscal
years 1995 through 1998 to
[[Page 645]]
carry out the Head Start Act and the Community Services Block
Grant Act, and for other purposes; jointly, to the Committees
on Education and Labor and Energy and Commerce.
By Mr. KLINK:
H.R. 4251. A bill to authorize the Secretary of Defense to
transfer certain excess equipment to educational institutions
and training schools; to the Committee on Armed Services.
By Mr. LaFALCE:
H.R. 4252. A bill to designate the Administrator of the
Small Business Administration as a member of the Interagency
Trade Organization; to the Committee on Ways and Means.
By Ms. LAMBERT:
H.R. 4253. A bill to require the Secretary of the Interior
to convey the Corning National Fish Hatchery to the State of
Arkansas; to the Committee on Merchant Marine and Fisheries.
By Mr. MACHTLEY:
H.R. 4254. A bill to amend the U.S. Housing Act of 1937 to
provide for the termination of tenancy of persons residing in
public housing or housing assisted under section 8 of such
act who engage in firearm-related criminal activity, and for
other purposes; to the Committee on Banking, Finance and
Urban Affairs.
By Mr. MONTGOMERY:
H.R. 4255. A bill to amend title 10, United States Code, to
provide a charter for the National Guard Bureau, otherwise to
improve the administration of the National Guard, and for
other purposes; to the Committee on Armed Services.
By Ms. SCHENK:
H.R. 4256. A bill to amend the Immigration and Nationality
Act to extend the land border inspection fee program for the
California southern border of the United States; to the
Committee on the Judiciary.
By Mr. ZIMMER (for himself, Mr. Beilenson, Mr. Frost,
Mr. Boehlert, and Mr. Clyburn):
H.R. 4257. A bill to provide for the study of Revolutionary
War battlefields; to the Committee on Natural Resources.
By Mr. COPPERSMITH:
H.R. 4258. A bill to amend the Internal Revenue Code of
1986 to provide clarification for the deductibility of
expenses incurred by a taxpayer in connection with the
business use of the home, and for other purposes; to the
Committee on Ways and Means.
By Mr. TUCKER (for himself, Mr. Lehman, Mr. Thomas of
California, Mr. Valentine, Mr. Wynn, Mr. Lewis of
Georgia, Mr. Watt, Ms. Roybal-Allard, Mr. Waxman, Mr.
Clyburn, Mr. Dixon, Mr. Hilliard, Mr. Murphy, Mr.
Murtha, Ms. Norton, Mr. Owens, Mr. Hutto, Mr.
Conyers, Ms. McKinney, Mr. Payne of New Jersey, Mr.
Lantos, Mr. Martinez, Mr. Brown of Ohio, Mr. Coleman,
Mr. Tejeda, Ms. Brown of Florida, Mrs. Byrne, Mr.
Mfume, Mr. Stark, Mr. Reynolds, Mr. Ackerman, Mr.
Wheat, Mr. Blackwell, Mr. Pallone, Mr. Sawyer, Mr.
Gene Green of Texas, Mr. Nadler, Mr. Hamburg, Mr.
Rangel, Mr. Serrano, Mr. Becerra, Mr. Herger, Mr.
Sanders, Mr. Fazio, Mr. Sabo, Mr. Wolf, Mr.
Coppersmith, Mr. Browder, Ms. Collins of Michigan,
Mr. Schumer, Mr. Stupak, Mr. Kreidler, Mr. Ford of
Michigan, Mr. Edwards of California, Mr. Rush, Mr.
Towns, Mr. Rohrabacher, Mr. Richardson, Mr. Evans,
Mrs. Unsoeld, Ms. Furse, Ms.
Margolies- Mezvinsky, Mr. Spratt, Mr. Rose, Mr.
Moran, Mr. Farr, Ms. Danner, Mr. Scott, Mr. Clement,
Mr. Olver, Mr. Flake, Mr. Markey, Mr. Obey,
Mr. Condit, Mr. Barca of Wisconsin, Mr. Barlow, Mr.
Miller of California, Mr. Bishop, Mr. Kennedy, Mr.
Filner, Mr. Mann, Mrs. Thurman, Ms. Velazquez, Ms.
Waters, Mr. Clay, Mr. Deal, Mr. Hinchey, Mr. Inslee,
Ms. Eddie Bernice Johnson of Texas, Mr. Roemer, Mr.
Klein, Mr. Menendez, Mr. Barrett of Wisconsin, Mr.
Ortiz, Ms. DeLauro, Mrs. Clayton, Mrs. Mink of
Hawaii, Mr. Wise, Mr. Johnson of South Dakota, Mr.
Payne of Virginia, Mr. Brooks, Mr. Studds, Mr.
Hefner, Mr. Bilbray, Mr. McDermott, Mr. Berman, Mr.
Frank of Massachusetts, Mr. Frost, Mr. Andrews of
Maine, Mr. Synar, Mr. Jacobs, Mr. Bonior, Mrs.
Maloney, Mr. DeFazio, Mr. Coyne, Ms. Lowey, Mr.
Pickett, Mr. Chapman, Mrs. Fowler, Ms. Cantwell, Ms.
Eshoo, Mr. Lipinski, Mr. Engel, Mr. McHale, Mr.
Borski, Mr. Ford of Tennessee, Mr. Underwood, Mr.
Mazzoli, Mr. Pomeroy, Mrs. Morella, Mr. Abercrombie,
Mr. Applegate, Mr. Bacchus of Florida, Mr. Baesler,
Mr. Baker of California, Mr. Baker of Louisiana, Mrs.
Bentley, Mr. Bevill, Mr. Bilirakis, Mr. Bliley, Mr.
Blute, Mr. Brown of California, Mr. Callahan, Mr.
Carr, Mr. Coble, Mr. Crapo, Mr. Castle, Mr. Darden,
Mr. de la Garza, Mr. Dellums, Mr. de Lugo, Mr.
Deutsch, Mr. Dingell, Mr. Doolittle, Mr. Dornan, Mr.
Dreier, Mr. Durbin, Mr. Ehlers, Mr. Emerson, Mr.
Everett, Mr. Faleomavaega, Mr. Fields of Louisiana,
Mr. Fingerhut, Mr. Franks of Connecticut, Mr.
Gallegly, Mr. Gejdenson, Mr. Gilmor, Mr. Glickman,
Mr. Gonzalez, Mr. Gordon, Mr. Gutierrez, Mr. Hall of
Ohio, Mr. Hastert, Mr. Hayes, Mr. Horn, Mr. Hyde, Mr.
Jefferson, Mrs. Johnson of Connecticut, Ms. Kaptur,
Mr. Kildee, Mr. King, Mr. Kingston, Mr. Kleczka, Mr.
Klink, Mr. Kolbe, Mr. Laughlin, Mr. Leach, Mr. Levin,
Mr. Lewis of California, Mrs. Lloyd, Mr. McCrery, Mr.
McDade, Mr. McHugh, Mrs. Meek of Florida, Mr. Mineta,
Mr. Moakley, Ms. Molinari, Mr. Moorhead, Mr. Neal of
Massachusetts, Mr. Neal of North Carolina, Mr.
Oberstar, Mr. Parker, Mr. Paxon, Ms. Pelosi, Mr.
Petri, Mr. Pickle, Mr. Pombo, Mr. Poshard, Mr.
Quillen, Mr. Quinn, Mr. Rahall, Mr. Ravenel, Mr.
Reed, Mr. Regula, Mr. Roberts, Mr. Rogers, Mr.
Romero-Barcelo, Mr. Sharp, Mr. Smith of Iowa, Ms.
Shepherd, Mr. Sisisky, Ms. Slaughter, Mr. Stokes, Mr.
Stump, Mr. Sundquist, Mr. Swett, Mr. Tanner, Mr.
Taylor of North Carolina, Mr. Thomas of Wyoming, Mr.
Torkildsen, Mr. Torres, Mr. Vento, Mr. Volkmer, Mr.
Weldon, Mr. Whitten, Mr. Wilson, Mr. Wyden, and Mr.
Young of Florida):
H.J. Res. 357. Joint resolution designating the week
beginning February 12, 1995, as ``National Random Acts of
Kindness Week''; to the Committee on Post Office and Civil
Service.
By Mr. HOEKSTRA:
H. Res. 408. Resolution providing for the consideration of
the bill (H.R. 3835) to establish a National Advisory
Referendum on limiting the terms of Members of Congress at
the general election of 1994, and for amendments adding new
titles dealing with advisory referenda on the balanced budget
amendment and Line Item Veto Act, the Sunshine for Committees
Act, the Private Property Protection Act, and miscellaneous
reform amendments; to the Committee on Rules.
Para. 35.40 memorials
Under clause 4 of rule XXII,
345. The SPEAKER presented a memorial of the House of
Representatives of the Commonwealth of Puerto Rico, relative
to Citizenship Day in Puerto Rico; which was referred to the
Committee on Post Office and Civil Service.
Para. 35.41 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 40: Mr. Dixon, Mr. Hastings, Ms. Norton, Mr. Mfume,
Mr. Jacobs, Ms. Velazquez, and Mr. Reynolds.
H.R. 84: Mr. Mazzoli and Mr. Montgomery.
H.R. 127: Mr. Lewis of Georgia and Mr. Gilchrest.
H.R. 140: Mr. Nussle, Mr. Hefley, Mr. Ridge, Mr. Talent,
Mr. Williams, Mr. McCollum, Mr. Stearns, Mr. Royce, Mr.
Gallo, and Mr. Duncan.
H.R. 291: Mr. Solomon, Mr. Smith of New Jersey, Mr. Rogers,
Mr. Schumer, Mrs. Byrne, and Mr. Johnson of South Dakota.
H.R. 300: Mr. Gilchrest, Mr. Miller of Florida, Mr. Dreier,
Mr. Knollenberg, Mr. Hoke, Mr. McInnis, and Mr. Grams.
H.R. 401: Mr. Calvert.
H.R. 436: Mr. Thompson, Mr. Romero-Barcelo, and Mr.
Glickman.
H.R. 512: Mr. Faleomavaega and Mr. Gene Green of Texas.
H.R. 549: Mrs. Fowler, Mr. Ravenel, Mr. Hutchinson, Mr.
Quinn, Mr. Coppersmith, Mr. Skelton, Mr. Saxton, Mr. Lewis of
Florida, and Mr. Canady.
H.R. 739: Mr. Hutchinson.
H.R. 790: Mr. Rohrabacher and Mr. Hoekstra.
H.R. 830: Mr. Pomeroy.
H.R. 833: Mr. Johnson of South Dakota, Mr. Lewis of
Georgia, Mr. Kleczka, and Mr. Cox.
H.R. 840: Ms. Slaughter.
H.R. 899: Mr. Petri.
H.R. 1228: Mr. Gingrich and Mr. Darden.
H.R. 1246: Mr. Lewis of Georgia.
H.R. 1276: Mrs. Vucanovich and Mr. Gekas.
H.R. 1322: Mr. Klink.
H.R. 1332: Mr. Kildee.
H.R. 1349: Mr. Deal and Mr. Allard.
H.R. 1355: Mr. Castle.
H.R. 1459: Mr. Castle.
H.R. 1493: Mr. Franks of New Jersey.
H.R. 1517: Mr. Roemer.
H.R. 1573: Mr. Upton and Mr. Brown of Ohio.
H.R. 1671: Mr. Richardson.
H.R. 1719: Mr. Murtha.
H.R. 1823: Ms. Norton.
H.R. 1887: Mr. Franks of New Jersey and Mr. Hutchinson.
H.R. 2357: Mr. Bishop.
H.R. 2471: Ms. Brown of Florida, Mr. Canady, and Mr.
Peterson of Florida.
H.R. 2512: Mr. Calvert, Mr. Poshard, Mr. Levy, Mr. Klug,
and Mr. Gene Green of Texas.
H.R. 2525: Mr. Murphy, Mr. Bliley, Mr. Kolbe, Mr.
Montgomery, Mr. McDermott, and Mr. Wolf.
H.R. 2586: Mr. Holden and Mr. Neal of Massachusetts.
H.R. 2623: Mr. Talent, Mr. Ridge, and Mr. Underwood.
H.R. 2767: Mrs. Thurman, Mr. Brown of California, Mr.
Underwood, and Mr. Hutchinson.
H.R. 2826: Mr. Brown of California, Mr. Wolf, and Mr.
Weldon.
H.R. 3087: Mr. Gene Green of Texas, Ms. Pryce of Ohio, Mr.
Thomas of California, Mr. Solomon, and Mr. Lazio.
[[Page 646]]
H.R. 3136: Mr. Clay.
H.R. 3293: Mr. Saxton and Mr. Dornan.
H.R. 3392: Mr. Boucher, Mr. Baesler, and Mr. McMillan.
H.R. 3433: Mr. Engel, Mr. Gephardt, Mr. Gilman, Mr.
Jefferson, and Mr. Kennedy.
H.R. 3455: Mr. Schiff.
H.R. 3486: Mr. Moorhead, Mr. Ewing, Mr. Hancock, Mr. Inglis
of South Carolina, Mr. Sangmeister, Mr. Shays, Mr.
McCandless, Mr. Lightfoot, Mr. Jefferson, Mr. Lazio, and Mr.
Kyl.
H.R. 3488: Mr. Holden, Mr. Baker of Louisiana, Mr. Bliley,
Mr. Gallegly, Mr. Talent, Mr. Herger, Mr. Young of Alaska,
Mr. Roberts, Mr. Rogers, Mr. Sam Johnson, and Mr. Canady.
H.R. 3490: Mr. Kingston and Mr. Pomeroy.
H.R. 3538: Mr. Miller of California, Ms. Velazquez, Ms.
Collins of Michigan, Mr. Thompson, Ms. Eddie Bernice Johnson
of Texas, Mr. Clyburn, Mr. Lewis of Georgia, Mr. DeFazio,
Mrs. Meek of Florida, Ms. Brown of Florida, Ms. Pelosi, Mr.
Hamburg, Mr. Edwards of California, Mr. Andrews of New
Jersey, Mr. Owens, Ms. Cantwell, Mr. Farr, Mr. Underwood, Mr.
Hinchey, Mr. Watt, Mr. Gonzalez, Mr. Matsui, Ms. Roybal-
Allard, Mr. Kildee, Mr. Conyers, Mr. Yates, Mr. Sawyer, Mr.
Pallone, Mr. Dixon, Ms. Margolies-Mezvinsky, Mr. Torres, and
Mrs. Schroeder.
H.R. 3546: Mr. Gejdenson.
H.R. 3666: Ms. Kaptur, Mr. Coyne, Mr. Dornan, Mr. Dellums,
Mr. Romero-Barcelo, Mr. Frost, Mr. Lantos, Mr. Tucker, and
Mr. Bliley.
H.R. 3684: Mr. Crane, Mr. Cardin, and Mr. Jefferson.
H.R. 3784: Mr. Hansen.
H.R. 3811: Mr. Fazio and Mr. Miller of California.
H.R. 3812: Mr. Tauzin, Mr. Archer, Mr. Lipinski, Mr. Gene
Green of Texas, and Mr. Andrews of Texas.
H.R. 3871: Mr. Livingston, Mr. Ewing, Mr. Gene Green of
Texas, and Mr. Canady.
H.R. 3878: Mr. Wynn.
H.R. 3939: Mr. Peterson of Minnesota.
H.R. 3951: Ms. Ros-Lehtinen, Mr. Roemer, and Mr. Brown of
Ohio.
H.R. 3966: Mr. Hoyer.
H.R. 3987: Mrs. Bentley, Mr. Gilchrest, Mr. Jacobs, and Mr.
Gallegly.
H.R. 4042: Mr. Stark.
H.R. 4047: Mr. Durbin.
H.R. 4048: Mr. Frost, Mr. Bonior, and Mr. Evans.
H.R. 4051: Mr. Wynn.
H.R. 4057: Mr. Kreidler, Ms. Schenk, Mr. Hancock, Ms.
Eshoo, Mr. Ewing, and Mr. Shays.
H.R. 4062: Mr. Foglietta, Mr. Miller of California, Mr.
Ackerman, Ms. Velazquez, Mr. Bonior, Mr. Castle, Mr. Waxman,
Ms. Kaptur, Mr. Reynolds, and Mr. Kennedy.
H.R. 4100: Mr. Evans, Mr. Hoekstra, and Mrs. Schroeder.
H.R. 4114: Mr. Kennedy, Mr. Foglietta, Mr. Abercrombie, Mr.
Frank of Massachusetts, Mr. Studds, Mr. Penny, Mr. Kopetski,
Mr. de Lugo, Mrs. Schroeder, Mr. Sanders, Mr. Filner, Mr.
Underwood, Ms. Furse, Ms. Velazquez, Mr. Meehan, Ms. Pelosi,
Mr. Stark, Ms. Harman, Mr. Sabo, Mr. Olver, Mr. torres, Mr.
Miller of California, Mr. Edwards of California, Mr. Evans,
Mr. Hamburg, Mr. Faleomavaega, Mr. Engel, Mr. Brown of
California, Mr. DeFazio, Mr. Markey, Mr. Bonior, Mr.
McDermott, Mr. Mineta, Mr. Waxman, Mr. Gonzalez, and Mr.
Hinchey.
H.R. 4115: Mr. Miller of California, Mr. Levy, Mr. Kennedy,
Mr. Porter, and Mr. Brown of California.
H.R. 4128: Ms. Eddie Bernice Johnson of Texas and Mr. Frank
of Massachusetts.
H.R. 4135: Mr. Parker, Mr. Cramer, Mr. Clay, Mr. Glickman,
Mr. Emerson, Mr. Kanjorski, Mr. Hayes, Mr. Dornan, Mrs.
Lloyd, Mr. Bilirakis, Mr. Reed, Mr. Stump, Mr. Dingell, Mr.
Orton, Mrs. Thurman, Mr. Coble, Mr. Slattery, Mr. Volkmer,
Mr. Stenholm, Mr. Taylor of Mississippi, Mr. Condit, Mr.
Payne of Virginia, Mr. Rahall, Mr. Laughlin, Mr. Costello,
Mr. Sisisky, Mr. Fingerhut, Mr. Penny, Mr. Gordon, Mr.
Hefner, Mr. Brewster, Mr. Ortiz, Mr. Underwood, Mr. Hall of
Ohio, Mr. Washington, and Mr. Hughes.
H.R. 4148: Mr. Nadler and Mr. Kreidler.
H.J. Res. 173: Mr. Calvert.
H.J. Res. 209: Mr. Washington, Mr. Reynolds, Mr. Pickle,
and Mrs. Vucanovich.
H.J. Res. 253: Mr. Moakley, Mr. Hastings, Mr. Brown of
Ohio, Mr. Portman, Mr. Watt, Mr. Nadler, Mr. Mollohan, Mr.
Schiff, Mr. Wyden, Mr. Gene Green of Texas, Mr. Flake, Mr.
Darden, Mr. Applegate, Mr. Durbin, Mr. Coppersmith, Ms.
Woolsey, Ms. Eshoo, Ms. Waters, Ms. Roybal-Allard, Ms.
Schenk, and Ms. Shepherd.
H.J. Res. 297: Mr. Reynolds, Mr. Weldon, Mr. Coble, Mr.
Jefferson, Mr. Bunning, Mr. Fingerhut, and Mr. Martinez.
H.J. Res. 319: Mr. Ballenger, Mr. Calvert, Mr. Porter, Mr.
Parker, Mr. King, and Mrs. Fowler.
H.J. Res. 327: Mrs. Bentley, Mr. Evans, Mr. Gene Green of
Texas, Mr. de Lugo, Mr. Kingston, Mr. Kreidler, Mr. Crapo,
Mr. Valentine, and Mr. Callahan.
H.J. Res. 333: Ms. Molinari, Mrs. Unsoeld, Mr. Orton, Mr.
Payne of Virginia, Mr. Lewis of Georgia, Ms. Roybal-Allard,
Mr. Stark, Mr. Lehman, Mr. Boucher, Mr. Ackerman, Mr. Owens,
Mr. McNulty, and Mr. Bonior.
H.J. Res. 342: Mr. Porter, Mr. Edwards of Texas, Mrs.
Vucanovich, Mr. Ackerman, Mr. Price of North Carolina, Mr.
Owens, Mr. Pickett, Mr. McNulty, Mr. Richardson, Mr. Andrews
of Texas, Mr. Ridge, Mr. Sam Johnson, Mr. de Lugo, Mr.
Jefferson, Mr. Moorhead, Mr. Ewing, Mr. Quillen, Mr. Towns,
Mr. Stokes, Mr. Bishop, Mrs. Meyers of Kansas, Mr. Fazio, Ms.
Norton, Mr. Meehan, Mr. Flake, Mr. Kasich, Mr. McHale, Mr.
Kleczka, Mr. Valentine, Mr. Matsui, Mr. Hefner, Mr. Wynn and
Mr. Bliley.
H. Con. Res. 110: Mr. Ford of Tennessee, Mr. Smith of
Oregon, Mr. Sabo, Mr. Talent, Mr. Hoagland, and Mr. Canady.
H. Con. Res. 168: Mr. Cox and Mr. Ewing.
H. Con. Res. 199: Mr. Kim and Mr. Stupak.
H. Con. Res. 210: Mr. Montgomery and Mr. Dellums.
H. Res. 281: Mr. DeFazio.
H. Res. 329: Mr. Fazio, Mr. Reynolds and Mrs. Clayton.
H. Res. 372: Mr. Coyne and Mr. Jefferson.
.
WEDNESDAY, APRIL 20, 1994 (36)
The House was called to order by the SPEAKER.
Para. 36.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Tuesday, April 19, 1994.
Mr. SOLOMON, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Mr. SOLOMON objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
236
When there appeared
<3-line {>
Nays
149
Para. 36.2 [Roll No. 127]
YEAS--236
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Berman
Bevill
Bishop
Blackwell
Bonior
Borski
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Clayton
Clement
Coleman
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Derrick
Deutsch
Dicks
Dingell
Durbin
Edwards (CA)
Edwards (TX)
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Frank (MA)
Gejdenson
Gephardt
Geren
Gibbons
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Greenwood
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Houghton
Hughes
Hutto
Hyde
Inglis
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kasich
Kennedy
Kennelly
Kildee
Kingston
Kleczka
Klein
Klink
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Livingston
Lloyd
Long
Lowey
Maloney
Mann
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Myers
Nadler
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Orton
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schumer
Scott
Serrano
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Traficant
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Watt
Wheat
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--149
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Coble
Collins (GA)
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
[[Page 647]]
Dunn
Ehlers
Emerson
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gingrich
Goodlatte
Goodling
Goss
Grams
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Hunter
Hutchinson
Inhofe
Istook
Jacobs
Johnson, Sam
Kim
King
Klug
Knollenberg
Kolbe
Kyl
Lazio
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Machtley
Manzullo
McCandless
McCollum
McHugh
McKeon
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Murphy
Nussle
Oxley
Packard
Paxon
Petri
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (FL)
Zeliff
Zimmer
NOT VOTING--47
Bacchus (FL)
Bilbray
Boucher
Brown (CA)
Chapman
Clay
Clinger
Clyburn
Collins (IL)
Collins (MI)
Dellums
Dixon
Dooley
Engel
Fish
Ford (TN)
Frost
Furse
Gallo
Grandy
Hefner
Hoyer
Huffington
Johnson (CT)
Kaptur
Kopetski
Leach
Manton
McCrery
McDade
McInnis
McMillan
McNulty
Meyers
Neal (NC)
Owens
Ridge
Sharp
Shuster
Swift
Towns
Tucker
Washington
Waters
Waxman
Whitten
Young (AK)
So the Journal was approved.
Para. 36.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3011. A letter from the Secretary of Agriculture,
transmitting a draft of proposed legislation to amend the act
of March 4, 1913 (16 U.S.C. 502), and the act of June 20,
1058 (16 U.S.C. 556c), to increase maximum amounts for which
Forest Service employees may be reimbursed for the loss of,
or damage to, personal property; to the Committee on
Agriculture.
3012. A letter from the President, Export-Import Bank of
the United States, transmitting notification of their
approval of a sale by the Boeing Co.; to the Committee on
Banking, Finance and Urban Affairs.
3013. A letter from the Secretary of Housing and Urban
Development, transmitting a status report on the Department's
1994 legislative agenda and its recent initiatives and a
report entitled ``Presidential Performance Agreement with
HUD''; to the Committee on Banking, Finance and Urban
Affairs.
3014. A letter from the Administrator, Energy Information
Administration, Department of Energy, transmitting the
Emergency Information Administration's annual report for
calendar year 1993, pursuant to 15 U.S.C. 790f(a)(2); to the
Committee on Energy and Commerce.
3015. A letter from the Secretary of Agriculture,
transmitting the Department's annual report on its hazardous
waste management activities for calendar year 1992, pursu-
ant to 41 U.S.C. 9620(e)(5); to the Committee on Energy and
Commerce.
3016. A letter from the Director, Defense Security
Assistance Agency, transmitting a copy of Transmittal No. 01-
94, concerning a proposed agreement with the Government of
Australia, pursuant to 22 U.S.C. 2767(f); to the Committee on
Foreign Affairs.
3017. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the semi-annual
reports on voluntary contributions by the U.S. to
international organizations for the period April 1, 1993 to
September 30, 1993, pursuant to 22 U.S.C. 2226(b)(1); to the
Committee on Foreign Affairs.
3018. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting copies of the original
report of political contributions by Carol Jones Carmody, of
Louisiana, to be the American Representative on the Council
of the International Civil Aviation Organization, and members
of her family, pursuant to 22 U.S.C. 3944(b)(2); to the
Committee on Foreign Affairs.
3019. A communication from the President of the United
States, transmitting a further report on the status of the
United States contribution to the ongoing United Nations
embargo enforcement effort of Haiti. (H. Doc. No. 103-241);
to the Committee on Foreign Affairs and ordered to be
printed.
3020. A communication from the President of the United
States, transmitting his further report concerning his
decision to deploy a U.S. Army peacekeeping contingent as
part of the United Nations protection force in the Republic
of Macedonia. (H. Doc. No. 103-240); to the Committee on
Foreign Affairs and ordered to be printed.
3021. A letter from the Director, Office of Management and
Budget, transmitting OMB estimate of the amount of change in
outlays or receipts, as the case may be, in each fiscal year
through fiscal year 1999 resulting from passage of S. 476 and
S. 1299, pursuant to Public Law 101-508, section 13101(a)
(104 Stat. 1388-582); to the Committee on Government
Operations.
3022. A letter from the Deputy Director for Administration,
Central Intelligence Agency, transmitting a report of
activities under the Freedom of Information Act for calendar
year 1993, pursuant to 5 U.S.C. 552(d); to the Committee on
Government Operations.
3023. A letter from the Chairman, Federal Communications
Commission, transmitting a copy of the annual report in
compliance with the Government in the Sunshine Act during the
calendar year 1993, pursuant to 5 U.S.C. 552b(j); to the
Committee on Government Operations.
3024. A letter from the Executive Director, Pension Benefit
Guaranty Corporation, transmitting a report of activities
under the Freedom of Information Act for calendar year 1993,
pursuant to 5 U.S.C. 552(d); to the Committee on Government
Operations.
3025. A letter from the Commandant, U.S. Coast Guard and
the Under Secretary for the National Oceanic and Atmospheric
Administration, transmitting notification that the report on
whether measures for regulating vessel traffic in the
Monterey Bay National Marine Sanctuary will be submitted by
the end of calendar year 1994, pursuant to 16 U.S.C. 1433
note; to the Committee on Merchant Marine and Fisheries.
3026. A letter from the Deputy General Counsel, Department
of Commerce, transmitting a draft of proposed legislation to
amend the National Oceanic and Atmospheric Administration
Marine Fisheries Program Authorization Act to authorize
appropriations for fiscal years 1994 and through 1996; to the
Committee on Merchant Marine and Fisheries.
3027. A letter from the Secretary of Transportation,
transmitting notification concerning the report on highway
and transit conditions and performance to be submitted in
summer 1994, pursuant to 49 U.S.C. 308(e) transmitting; to
the Committee on Public Works and Transportation.
Para. 36.4 school-to-work opportunities
Mr. FORD of Michigan, pursuant to the special order of the House of
Tuesday, April 19, 1994, called up the following conference report
(Rept. No. 103-480):
The committee of conference on the disagreeing votes of the
two Houses on the amendmentof the Senate to the bill (H.R.
2884), to establish a national framework for the development
of School-to-Work Opportunities systems in all States, and
for other purposes, having met, after full and free
conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``School-to-
Work Opportunities Act of 1994''.
(b) Table of Contents.--The table of contents is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes and congressional intent.
Sec. 4. Definitions.
Sec. 5. Federal administration.
TITLE I--SCHOOL-TO-WORK OPPORTUNITIES BASIC PROGRAM COMPONENTS
Sec. 101. General program requirements.
Sec. 102. School-based learning component.
Sec. 103. Work-based learning component.
Sec. 104. Connecting activities component.
TITLE II--SCHOOL-TO-WORK OPPORTUNITIES SYSTEM DEVELOPMENT AND
IMPLEMENTATION GRANTS TO STATES
Subtitle A--State Development Grants
Sec. 201. Purpose.
Sec. 202. Authorization.
Sec. 203. Application.
Sec. 204. Approval of application.
Sec. 205. Use of amounts.
Sec. 206. Maintenance of effort.
Sec. 207. Reports.
Subtitle B--State Implementation Grants
Sec. 211. Purpose.
Sec. 212. Authorization.
Sec. 213. Application.
Sec. 214. Review of application.
Sec. 215. Use of amounts.
Sec. 216. Allocation requirement.
Sec. 217. Limitation on administrative costs.
Sec. 218. Reports.
Subtitle C--Development and Implementation Grants for School-to-Work
Programs for Indian Youths
Sec. 221. Authorization.
Sec. 222. Requirements.
TITLE III--FEDERAL IMPLEMENTATION GRANTS TO LOCAL PARTNERSHIPS
Sec. 301. Purposes.
Sec. 302. Authorization.
Sec. 303. Application.
Sec. 304. Use of amounts.
Sec. 305. Conformity with approved State plan.
Sec. 306. Reports.
Sec. 307. High poverty area defined.
TITLE IV--NATIONAL PROGRAMS
Sec. 401. Research, demonstration, and other projects.
[[Page 648]]
Sec. 402. Performance outcomes and evaluation.
Sec. 403. Training and technical assistance.
Sec. 404. Capacity building and information and dissemination network.
Sec. 405. Reports to Congress.
Sec. 406. Funding.
TITLE V--WAIVER OF STATUTORY AND REGULATORY REQUIREMENTS
Sec. 501. State and local partnership requests and responsibilities for
waivers.
Sec. 502. Waiver authority of Secretary of Education.
Sec. 503. Waiver authority of Secretary of Labor.
Sec. 504. Combination of Federal funds for high poverty schools.
Sec. 505. Combination of Federal funds by States for school-to-work
activities.
TITLE VI--GENERAL PROVISIONS
Sec. 601. Requirements.
Sec. 602. Sanctions.
Sec. 603. State authority.
Sec. 604. Prohibition on Federal mandates, direction, and control.
Sec. 605. Authorization of appropriations.
TITLE VII--OTHER PROGRAMS
Subtitle A--Reauthorization of Job Training for the Homeless
Demonstration Program Under the Stewart B. McKinney Homeless Assistance
Act
Sec. 701. Reauthorization.
Subtitle B--Tech-Prep Programs
Sec. 711. Tech-prep education.
Subtitle C--Alaska Native Art and Culture
Sec. 721. Short title.
Sec. 722. Alaska Native art and culture.
Subtitle D--Job Training
Sec. 731. Amendment to Job Training Partnership Act to provide
allowances for child care costs to certain individuals
participating in the Job Corps.
TITLE VIII--TECHNICAL PROVISIONS
Sec. 801. Effective date.
Sec. 802. Sunset.
SEC. 2. FINDINGS.
Congress finds that--
(1) three-fourths of high school students in the United
States enter the workforce without baccalaureate degrees, and
many do not possess the academic and entry-level occupational
skills necessary to succeed in the changing United States
workplace;
(2) a substantial number of youths in the United States,
especially disadvantaged students, students of diverse
racial, ethnic, and cultural backgrounds, and students with
disabilities, do not complete high school;
(3) unemployment among youths in the United States is
intolerably high, and earnings of high school graduates have
been falling relative to earnings of individuals with more
education;
(4) the workplace in the United States is changing in
response to heightened international competition and new
technologies, and such forces, which are ultimately
beneficial to the Nation, are shrinking the demand for and
undermining the earning power of unskilled labor;
(5) the United States lacks a comprehensive and coherent
system to help its youths acquire the knowledge, skills,
abilities, and information about and access to the labor
market necessary to make an effective transition from school
to career-oriented work or to further education and training;
(6) students in the United States can achieve high academic
and occupational standards, and many learn better and retain
more when the students learn in context, rather than in the
abstract;
(7) while many students in the United States have part-time
jobs, there is infrequent linkage between--
(A) such jobs; and
(B) the career planning or exploration, or the school-based
learning, of such students;
(8) the work-based learning approach, which is modeled
after the time-honored apprenticeship concept, integrates
theoretical instruction with structured on-the-job training,
and this approach, combined with school-based learning, can
be very effective in engaging student interest, enhancing
skill acquisition, developing positive work attitudes, and
preparing youths for high-skill, high-wage careers;
(9) Federal resources currently fund a series of
categorical, work-related education and training programs,
many of which serve disadvantaged youths, that are not
administered as a coherent whole; and
(10) in 1992 approximately 3,400,000 individuals in the
United States age 16 through 24 had not completed high school
and were not currently enrolled in school, a number
representing approximately 11 percent of all individuals in
this age group, which indicates that these young persons are
particularly unprepared for the demands of a 21st century
workforce.
SEC. 3. PURPOSES AND CONGRESSIONAL INTENT.
(a) Purposes.--The purposes of this Act are--
(1) to establish a national framework within which all
States can create statewide School-to-Work Opportunities
systems that--
(A) are a part of comprehensive education reform;
(B) are integrated with the systems developed under the
Goals 2000: Educate America Act and the National Skill
Standards Act of 1994; and
(C) offer opportunities for all students to participate in
a performance-based education and training program that
will--
(i) enable the students to earn portable credentials;
(ii) prepare the students for first jobs in high-skill,
high-wage careers; and
(iii) increase their opportunities for further education,
including education in a 4-year college or university;
(2) to facilitate the creation of a universal, high-quality
school-to-work transition system that enables youths in the
United States to identify and navigate paths to productive
and progressively more rewarding roles in the workplace;
(3) to utilize workplaces as active learning environments
in the educational process by making employers joint partners
with educators in providing opportunities for all students to
participate in high-quality, work-based learning experiences;
(4) to use Federal funds under this Act as venture capital,
to underwrite the initial costs of planning and establishing
statewide School-to-Work Opportunities systems that will be
maintained with other Federal, State, and local resources;
(5) to promote the formation of local partnerships that are
dedicated to linking the worlds of school and work among
secondary schools and postsecondary educational institutions,
private and public employers, labor organizations,
government, community-based organizations, parents, students,
State educational agencies, local educational agencies, and
training and human service agencies;
(6) to promote the formation of local partnerships between
elementary schools and secondary schools (including middle
schools) and local businesses as an investment in future
workplace productivity and competitiveness;
(7) to help all students attain high academic and
occupational standards;
(8) to build on and advance a range of promising school-to-
work activities, such as tech-prep education, career
academies, school-to-apprenticeship programs, cooperative
education, youth apprenticeship, school-sponsored
enterprises, business-education compacts, and promising
strategies that assist school dropouts, that can be developed
into programs funded under this Act;
(9) to improve the knowledge and skills of youths by
integrating academic and occupational learning, integrating
school-based and work-based learning, and building effective
linkages between secondary and postsecondary education;
(10) to encourage the development and implementation of
programs that will require paid high-quality, work-based
learning experiences;
(11) to motivate all youths, including low-achieving
youths, school dropouts, and youths with disabilities, to
stay in or return to school or a classroom setting and strive
to succeed, by providing enriched learning experiences and
assistance in obtaining good jobs and continuing their
education in postsecondary educational institutions;
(12) to expose students to a broad array of career
opportunities, and facilitate the selection of career majors,
based on individual interests, goals, strengths, and
abilities;
(13) to increase opportunities for minorities, women, and
individuals with disabilities, by enabling individuals to
prepare for careers that are not traditional for their race,
gender, or disability; and
(14) to further the National Education Goals set forth in
title I of the Goals 2000: Educate America Act.
(b) Congressional Intent.--It is the intent of Congress
that the Secretary of Labor and the Secretary of Education
jointly administer this Act in a flexible manner that--
(1) promotes State and local discretion in establishing and
implementing statewide School-to-Work Opportunities systems
and School-to-Work Opportunities programs; and
(2) contributes to reinventing government by--
(A) building on State and local capacity;
(B) eliminating duplication in education and training
programs for youths by integrating such programs into 1
comprehensive system;
(C) maximizing the effective use of resources;
(D) supporting locally established initiatives;
(E) requiring measurable goals for performance; and
(F) offering flexibility in meeting such goals.
SEC. 4. DEFINITIONS.
As used in this Act:
(1) All aspects of an industry.--The term ``all aspects of
an industry'' means all aspects of the industry or industry
sector a student is preparing to enter, including planning,
management, finances, technical and production skills,
underlying principles of technology, labor and community
issues, health and safety issues, and environmental issues,
related to such industry or industry sector.
(2) All students.--The term ``all students'' means both
male and female students from a broad range of backgrounds
and circumstances, including disadvantaged students, students
with diverse racial, ethnic, or cultural backgrounds,
American Indians, Alaska Natives, Native Hawaiians, students
with disabilities, students with limited-English proficiency,
migrant children, school dropouts, and academically talented
students.
(3) Approved state plan.--The term ``approved State plan''
means a statewide School-to-Work Opportunities system plan
[[Page 649]]
that is submitted by a State under section 213, is determined
by the Secretaries to include the program components
described in sections 102 through 104 and otherwise meet the
requirements of this Act, and is consistent with the State
improvement plan for the State, if any, under the Goals 2000:
Educate America Act.
(4) Career guidance and counseling.--The term ``career
guidance and counseling'' means programs--
(A) that pertain to the body of subject matter and related
techniques and methods organized for the development in
individuals of career awareness, career planning, career
decisionmaking, placement skills, and knowledge and
understanding of local, State, and national occupational,
educational, and labor market needs, trends, and
opportunities;
(B) that assist individuals in making and implementing
informed educational and occupational choices; and
(C) that aid students to develop career options with
attention to surmounting gender, race, ethnic, disability,
language, or socioeconomic impediments to career options and
encouraging careers in nontraditional employment.
(5) Career major.--The term ``career major'' means a
coherent sequence of courses or field of study that prepares
a student for a first job and that--
(A) integrates academic and occupational learning,
integrates school-based and work-based learning, establishes
linkages between secondary schools and postsecondary
educational institutions;
(B) prepares the student for employment in a broad
occupational cluster or industry sector;
(C) typically includes at least 2 years of secondary
education and at least 1 or 2 years of postsecondary
education;
(D) provides the students, to the extent practicable, with
strong experience in and understanding of all aspects of the
industry the students are planning to enter;
(E) results in the award of--
(i) a high school diploma or its equivalent, such as--
(I) a general equivalency diploma; or
(II) an alternative diploma or certificate for students
with disabilities for whom such alternative diploma or
certificate is appropriate;
(ii) a certificate or diploma recognizing successful
completion of 1 or 2 years of postsecondary education (if
appropriate); and
(iii) a skill certificate; and
(F) may lead to further education and training, such as
entry into a registered apprenticeship program, or may lead
to admission to a 2- or 4-year college or university.
(6) Community-based organizations.--The term ``community-
based organizations'' has the meaning given such term in
section 4(5) of the Job Training Partnership Act (29 U.S.C.
1503(5)).
(7) Elementary school.--The term ``elementary school''
means a day or residential school that provides elementary
education, as determined under State law.
(8) Employer.--The term ``employer'' includes both public
and private employers.
(9) Governor.--The term ``Governor'' means the chief
executive of a State.
(10) Local educational agency.--The term ``local
educational agency'' means a public board of education or
other public authority legally constituted within a State for
either administrative control or direction of, or to perform
a service function for, public elementary or secondary
schools in a city, county, township, school district, or
other political subdivision of a State, or such combination
of school districts or counties as are recognized in a State
as an administrative agency for its public elementary or
secondary schools. Such term includes any other public
institution or agency having administrative control and
direction of a public elementary or secondary school.
(11) Local partnership.--The term ``local partnership''
means a local entity that is responsible for local School-to-
Work Opportunities programs and that--
(A) consists of employers, representatives of local
educational agencies and local postsecondary educational
institutions (including representatives of area vocational
education schools, where applicable), local educators (such
as teachers, counselors, or administrators), representatives
of labor organizations or nonmanagerial employee
representatives, and students; and
(B) may include other entities, such as--
(i) employer organizations;
(ii) community-based organizations;
(iii) national trade associations working at the local
levels;
(iv) industrial extension centers;
(v) rehabilitation agencies and organizations;
(vi) registered apprenticeship agencies;
(vii) local vocational education entities;
(viii) proprietary institutions of higher education (as
defined in section 481(b) of the Higher Education Act of 1965
(20 U.S.C. 1088(b)) that continue to meet the eligibility and
certification requirements under title IV of such Act (20
U.S.C. 1070 et seq.);
(ix) local government agencies;
(x) parent organizations;
(xi) teacher organizations;
(xii) vocational student organizations;
(xiii) private industry councils established under section
102 of the Job Training Partnership Act (29 U.S.C. 1512);
(xiv) federally recognized Indian tribes, Indian
organizations, and Alaska Native villages within the meaning
of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.); and
(xv) Native Hawaiian entities.
(12) Postsecondary educational institution.--The term
``postsecondary educational institution'' means an
institution of higher education (as such term is defined in
section 481 of the Higher Education Act of 1965 (20 U.S.C.
1088)) which continues to meet the eligibility and
certification requirements under title IV of such Act (20
U.S.C. 1070 et seq.).
(13) Registered apprenticeship agency.--The term
``registered apprenticeship agency'' means the Bureau of
Apprenticeship and Training in the Department of Labor or a
State apprenticeship agency recognized and approved by the
Bureau of Apprenticeship and Training as the appropriate body
for State registration or approval of local apprenticeship
programs and agreements for Federal purposes.
(14) Registered apprenticeship program.--The term
``registered apprenticeship program'' means a program
registered by a registered apprenticeship agency.
(15) Related services.--The term ``related services''
includes the types of services described in section 602(17)
of the Individuals with Disabilities Education Act (20 U.S.C.
1401(17)).
(16) Rural community with low population density.--The term
``rural community with low population density'' means a
county, block number area in a nonmetropolitan county, or
consortium of counties or of such block number areas, that
has a population density of 20 or fewer individuals per
square mile.
(17) School dropout.--The term ``school dropout'' means a
youth who is no longer attending any school and who has not
received a secondary school diploma or a certificate from a
program of equivalency for such a diploma.
(18) School site mentor.--The term ``school site mentor''
means a professional employed at a school who is designated
as the advocate for a particular student, and who works in
consultation with classroom teachers, counselors, related
services personnel, and the employer of the student to design
and monitor the progress of the School-to-Work Opportunities
program of the student.
(19) School-to-work opportunities program.--The term
``School-to-Work Opportunities program'' means a program that
meets the requirements of this Act, other than a program
described in section 401(a).
(20) Secondary school.--The term ``secondary school''
means--
(A) a nonprofit day or residential school that provides
secondary education, as determined under State law, except
that it does not include any education provided beyond grade
12; and
(B) a Job Corps center under part B of title IV of the Job
Training Partnership Act (29 U.S.C. 1691 et seq.).
(21) Secretaries.--The term ``Secretaries'' means the
Secretary of Education and the Secretary of Labor.
(22) Skill certificate.--The term ``skill certificate''
means a portable, industry-recognized credential issued by a
School-to-Work Opportunities program under an approved State
plan, that certifies that a student has mastered skills at
levels that are at least as challenging as skill standards
endorsed by the National Skill Standards Board established
under the National Skill Standards Act of 1994, except that
until such skill standards are developed, the term ``skill
certificate'' means a credential issued under a process
described in the approved State plan.
(23) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands,
American Samoa, Guam, the Virgin Islands, the Federated
States of Micronesia, the Republic of the Marshall Islands,
and the Republic of Palau.
(24) State educational agency.--The term ``State
educational agency'' means the officer or agency primarily
responsible for the State supervision of public elementary
and secondary schools.
(25) Workplace mentor.--The term ``workplace mentor'' means
an employee or other individual, approved by the employer at
a workplace, who possesses the skills and knowledge to be
mastered by a student, and who instructs the student,
critiques the performance of the student, challenges the
student to perform well, and works in consultation with
classroom teachers and the employer of the student.
SEC. 5. FEDERAL ADMINISTRATION.
(a) Joint Administration.--
(1) In general.--Notwithstanding the Department of
Education Organization Act (20 U.S.C. 3401 et seq.), the
General Education Provisions Act (20 U.S.C. 1221 et seq.),
the Act entitled ``An Act To Create a Department of Labor'',
approved March 4, 1913 (29 U.S.C. 551 et seq.), and section
166 of the Job Training Partnership Act (29 U.S.C. 1576), the
Secretaries shall jointly provide for, and shall exercise
final authority over, the administration of this Act, and
shall have final authority to jointly issue whatever
procedures, guidelines, and regulations, in accordance with
section 553 of title 5, United States Code, the Secretaries
consider necessary and appropriate to administer and enforce
the provisions of this Act.
(2) Submission of plan.--Not later than 120 days after the
date of enactment of this Act, the Secretaries shall prepare
a plan for the joint administration of this Act and submit
such plan to Congress for review and comment.
[[Page 650]]
(b) Acceptance of Gifts.--The Secretaries are authorized,
in carrying out this Act, to accept, purchase, or lease in
the name of the Department of Labor or the Department of
Education, and employ or dispose of in furtherance of the
purposes of this Act, any money or property, real, personal,
or mixed, tangible or intangible, received by gift, devise,
bequest, or otherwise.
(c) Use of Voluntary and Uncompensated Services.--
Notwithstanding section 1342 of title 31, United States Code,
the Secretaries are authorized to accept voluntary and
uncompensated services in furtherance of the purposes of this
Act.
TITLE I--SCHOOL-TO-WORK OPPORTUNITIES BASIC PROGRAM COMPONENTS
SEC. 101. GENERAL PROGRAM REQUIREMENTS.
A School-to-Work Opportunities program under this Act
shall--
(1) integrate school-based learning and work-based
learning, as provided for in sections 102 and 103, integrate
academic and occupational learning, and establish effective
linkages between secondary and postsecondary education;
(2) provide participating students with the opportunity to
complete career majors;
(3) incorporate the program components provided in sections
102 through 104;
(4) provide participating students, to the extent
practicable, with strong experience in and understanding of
all aspects of the industry the students are preparing to
enter; and
(5) provide all students with equal access to the full
range of such program components (including both school-based
and work-based learning components) and related activities,
such as recruitment, enrollment, and placement activities,
except that nothing in this Act shall be construed to provide
any individual with an entitlement to services under this
Act.
SEC. 102. SCHOOL-BASED LEARNING COMPONENT.
The school-based learning component of a School-to-Work
Opportunities program shall include--
(1) career awareness and career exploration and counseling
(beginning at the earliest possible age, but not later than
the 7th grade) in order to help students who may be
interested to identify, and select or reconsider, their
interests, goals, and career majors, including those options
that may not be traditional for their gender, race, or
ethnicity;
(2) initial selection by interested students of a career
major not later than the beginning of the 11th grade;
(3) a program of study designed to meet the same academic
content standards the State has established for all students,
including, where applicable, standards established under the
Goals 2000: Educate America Act, and to meet the requirements
necessary to prepare a student for postsecondary education
and the requirements necessary for a student to earn a skill
certificate;
(4) a program of instruction and curriculum that integrates
academic and vocational learning (including applied
methodologies and team-teaching strategies), and incorporates
instruction, to the extent practicable, in all aspects of an
industry, appropriately tied to the career major of a
participant;
(5) regularly scheduled evaluations involving ongoing
consultation and problem solving with students and school
dropouts to identify their academic strengths and weaknesses,
academic progress, workplace knowledge, goals, and the need
for additional learning opportunities to master core academic
and vocational skills; and
(6) procedures to facilitate the entry of students
participating in a School-to-Work Opportunities program into
additional training or postsecondary education programs, as
well as to facilitate the transfer of the students between
education and training programs.
SEC. 103. WORK-BASED LEARNING COMPONENT.
(a) Mandatory Activities.--The work-based learning
component of a School-to-Work Opportunities program shall
include--
(1) work experience;
(2) a planned program of job training and work experiences
(including training related to preemployment and employment
skills to be mastered at progressively higher levels) that
are coordinated with learning in the school-based learning
component described in section 102 and are relevant to the
career majors of students and lead to the award of skill
certificates;
(3) workplace mentoring;
(4) instruction in general workplace competencies,
including instruction and activities related to developing
positive work attitudes, and employability and participative
skills; and
(5) broad instruction, to the extent practicable, in all
aspects of the industry.
(b) Permissible Activities.--Such component may include
such activities as paid work experience, job shadowing,
school-sponsored enterprises, or on-the-job training.
SEC. 104. CONNECTING ACTIVITIES COMPONENT.
The connecting activities component of a School-to-Work
Opportunities program shall include--
(1) matching students with the work-based learning
opportunities of employers;
(2) providing, with respect to each student, a school site
mentor to act as a liaison among the student and the
employer, school, teacher, school administrator, and parent
of the student, and, if appropriate, other community
partners;
(3) providing technical assistance and services to
employers, including small- and medium-sized businesses, and
other parties in--
(A) designing school-based learning components described in
section 102, work-based learning components described in
section 103, and counseling and case management services; and
(B) training teachers, workplace mentors, school site
mentors, and counselors;
(4) providing assistance to schools and employers to
integrate school-based and work-based learning and integrate
academic and occupational learning into the program;
(5) encouraging the active participation of employers, in
cooperation with local education officials, in the
implementation of local activities described in section 102,
section 103, or this section;
(6)(A) providing assistance to participants who have
completed the program in finding an appropriate job,
continuing their education, or entering into an additional
training program; and
(B) linking the participants with other community services
that may be necessary to assure a successful transition from
school to work;
(7) collecting and analyzing information regarding post-
program outcomes of participants in the School-to-Work
Opportunities program, to the extent practicable, on the
basis of socioeconomic status, race, gender, ethnicity,
culture, and disability, and on the basis of whether the
participants are students with limited-English proficiency,
school dropouts, disadvantaged students, or academically
talented students; and
(8) linking youth development activities under this Act
with employer and industry strategies for upgrading the
skills of their workers.
TITLE II--SCHOOL-TO-WORK OPPORTUNITIES SYSTEM DEVELOPMENT AND
IMPLEMENTATION GRANTS TO STATES
Subtitle A--State Development Grants
SEC. 201. PURPOSE.
The purpose of this subtitle is to assist States in
planning and developing comprehensive statewide School-to-
Work Opportunities systems.
SEC. 202. AUTHORIZATION.
(a) Grants to States.--
(1) In general.--On the application of the Governor on
behalf of a State in accordance with section 203, the
Secretaries may provide a development grant to the State in
such amounts as the Secretaries determine to be necessary to
enable such State to complete planning and development of a
comprehensive statewide School-to-Work Opportunities system.
(2) Amount.--The amount of a development grant under this
section may not exceed $1,000,000 for any fiscal year.
(3) Completion.--The Secretaries may provide such grant to
complete development of a statewide School-to-Work
Opportunities systems initiated with funds received under the
Job Training Partnership Act (29 U.S.C. 1501 et seq.) or the
Carl D. Perkins Vocational and Applied Technology Education
Act (20 U.S.C. 2301 et seq.).
(b) Grants to Territories.--In providing grants under this
section to the Commonwealth of the Northern Mariana Islands,
American Samoa, Guam, the Virgin Islands, the Federated
States of Micronesia, the Republic of the Marshall Islands,
or the Republic of Palau, the Secretaries shall use amounts
reserved under section 605(b)(1).
SEC. 203. APPLICATION.
(a) In General.--The Secretaries may not provide a
development grant under section 202 to a State unless the
Governor of the State, on behalf of the State, submits to the
Secretaries an application, at such time, in such form, and
containing such information as the Secretaries may reasonably
require.
(b) Contents.--Such application shall include--
(1) a timetable and an estimate of the amount of funding
needed to complete the planning and development necessary to
implement a comprehensive statewide School-to-Work
Opportunities system for all students;
(2) a description of how--
(A) the Governor;
(B) the State educational agency;
(C) the State agency officials responsible for economic
development;
(D) the State agency officials responsible for employment;
(E) the State agency officials responsible for job
training;
(F) the State agency officials responsible for
postsecondary education;
(G) the State agency officials responsible for vocational
education;
(H) the State agency officials responsible for vocational
rehabilitation;
(I) the individual assigned by the State under section
111(b)(1) of the Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2321(b)(1));
(J) other appropriate officials, including the State human
resource investment council established in accordance with
title VII of the Job Training Partnership Act (29 U.S.C. 1792
et seq.), if the State has established such a council; and
(K) representatives of the private sector;
will collaborate in the planning and development of the
statewide School-to-Work Opportunities system;
(3) a description of the manner in which the State has
obtained and will continue to obtain the active and continued
participa-
[[Page 651]]
tion, in the planning and development of the statewide
School-to-Work Opportunities system, of employers and other
interested parties, such as locally elected officials,
secondary schools and postsecondary educational institutions
(or related agencies), business associations, industrial
extension centers, employees, labor organizations or
associations of such organizations, teachers, related
services personnel, students, parents, community-based
organizations, rehabilitation agencies and organizations,
Indian tribes, registered apprenticeship agencies, vocational
educational agencies, vocational student organizations, and
human service agencies;
(4) a description of the manner in which the State will
coordinate planning activities with any local school-to-work
programs, including programs funded under title III, if any;
(5) a designation of a fiscal agent to receive and be
accountable for funds provided from a grant under section
202; and
(6) a description of how the State will provide
opportunities for students from low-income families, low-
achieving students, students with limited English
proficiency, students with disabilities, students living in
rural communities with low population densities, school
dropouts, and academically talented students to participate
in School-to-Work Opportunities programs.
(c) Coordination With Goals 2000: Educate America Act.--A
State seeking assistance under both this subtitle and the
Goals 2000: Educate America Act may--
(1) submit a single application containing plans that meet
the requirements of such subtitle and such Act and ensure
that the plans are coordinated and not duplicative; or
(2) if such State has already submitted its application for
funds under the Goals 2000: Educate America Act, submit its
application under this subtitle as an amendment to the Goals
2000: Educate America Act application if such amendment meets
the requirements of this subtitle and is coordinated with and
not duplicative of the Goals 2000: Educate America Act
application.
SEC. 204. APPROVAL OF APPLICATION.
The Secretaries may approve an application submitted by a
State under section 203 only if the State demonstrates in
such application that the activities proposed to be
undertaken by the State to develop a statewide School-to-Work
Opportunities system are consistent with the State
improvement plan for the State, if any, under the Goals 2000:
Educate America Act.
SEC. 205. USE OF AMOUNTS.
The Secretaries may not provide a development grant under
section 202 to a State unless the State agrees that the State
will use all amounts received from such grant for activities
to develop a statewide School-to-Work Opportunities system,
which may include--
(1) identifying or establishing an appropriate State
structure to administer the statewide School-to-Work
Opportunities system;
(2) identifying secondary and postsecondary school-to-work
programs in existence on or after the date of the enactment
of this Act that might be incorporated into such system;
(3) identifying or establishing broad-based partnerships
among employers, labor, education, government, and other
community-based organizations and parent organizations to
participate in the design, development, and administration of
School-to-Work Opportunities programs;
(4) developing a marketing plan to build consensus and
support for such programs;
(5) promoting the active involvement of business (including
small- and medium-sized businesses) in planning, developing,
and implementing local School-to-Work Opportunities programs,
and in establishing partnerships between business and
elementary schools and secondary schools (including middle
schools);
(6) identifying ways that local school-to-work programs in
existence on or after the date of the enactment of this Act
could be coordinated with the statewide School-to-Work
Opportunities system;
(7) supporting local planning and development activities to
provide guidance, training and technical assistance for
teachers, employers, mentors, counselors, administrators, and
others in the development of School-to-Work Opportunities
programs;
(8) identifying or establishing mechanisms for providing
training and technical assistance to enhance the development
of the statewide School-to-Work Opportunities system;
(9) developing a training and technical support system for
teachers, employers, mentors, counselors, related services
personnel, and others that includes specialized training and
technical support for the counseling and training of women,
minorities, and individuals with disabilities for high-skill,
high-wage careers in nontraditional employment;
(10) initiating pilot programs for testing key components
of the program design of programs under the statewide School-
to-Work Opportunities system;
(11) developing a State process for issuing skill
certificates that is, to the extent feasible, consistent with
the skill standards certification systems endorsed under the
National Skill Standards Act of 1994;
(12) designing challenging curricula, in cooperation with
representatives of local partnerships, that take into account
the diverse learning needs and abilities of the student
population served by the statewide School-to-Work
Opportunities system;
(13) developing a system for labor market analysis and
strategic planning for local targeting of industry sectors or
broad occupational clusters that can provide students with
placements in high-skill workplaces;
(14) analyzing the post-high school employment experiences
of recent high school graduates and school dropouts;
(15) preparing the plan described in section 213(d);
(16) working with localities to develop strategies to
recruit and retain all students in programs under this Act
through collaborations with community-based organizations,
where appropriate, and other entities with expertise in
working with such students;
(17) coordinating recruitment of out-of-school, at-risk,
and disadvantaged youths with those organizations and
institutions that have a successful history of working with
such youths; and
(18) providing technical assistance to rural areas in
planning, developing, and implementing local School-to-Work
Opportunities programs that meet the needs of rural
communities with low population densities.
SEC. 206. MAINTENANCE OF EFFORT.
(a) In General.--A State may receive a development grant
under section 202 for a fiscal year only if the State
provides assurances, satisfactory to the Secretaries, that--
(1) the amount of State funds expended per student by the
State for school-to-work activities of the type described in
title I for the preceding fiscal year was not less than 90
percent of the amount so expended for the second preceding
fiscal year; or
(2) the aggregate amount of State funds expended by the
State for such activities for the preceding fiscal year was
not less than 90 percent of the amount so expended for the
second preceding fiscal year.
(b) Waiver.--
(1) Determination.--The Secretaries may jointly waive the
requirements described in subsection (a) for a State that
requests such a waiver if the Secretaries determine that such
a waiver would be equitable due to--
(A) exceptional or uncontrollable circumstances such as a
natural disaster; or
(B) a precipitous decline in the financial resources of the
State.
(2) Request.--To be eligible to receive such a waiver, a
State shall submit a request at such time, in such form, and
containing such information as the Secretaries may require.
SEC. 207. REPORTS.
The Secretaries may not provide a development grant under
section 202 to a State unless the State agrees that the State
will submit to the Secretaries such reports as the
Secretaries may reasonably require, relating to the use of
amounts from such grant, except that the Secretaries may not
require more than 1 such report during any 3-month period.
Subtitle B--State Implementation Grants
SEC. 211. PURPOSE.
The purpose of this subtitle is to assist States in the
implementation of comprehensive statewide School-to-Work
Opportunities systems.
SEC. 212. AUTHORIZATION.
(a) Grants to States.--On the application of the Governor
on behalf of a State in accordance with section 213, the
Secretaries may provide an implementation grant to the State
in such amounts as the Secretaries determine to be necessary
to enable such State to implement a comprehensive statewide
School-to-Work Opportunities system.
(b) Grants to Territories.--In providing grants under this
section to the Commonwealth of the Northern Mariana Islands,
American Samoa, Guam, the Virgin Islands, the Federated
States of Micronesia, the Republic of the Marshall Islands,
or the Republic of Palau, the Secretaries shall use amounts
reserved under section 605(b)(1).
(c) Period of Grant.--The provision of payments under a
grant under subsection (a) shall not exceed 5 fiscal years
and shall be subject to the annual approval of the
Secretaries and subject to the availability of appropriations
for the fiscal year involved to make the payments.
(d) Limitation.--A State shall be eligible to receive only
1 implementation grant under subsection (a).
SEC. 213. APPLICATION.
(a) In General.--
(1) Submission by governor on behalf of state.--Subject to
paragraph (2), the Secretaries may not provide an
implementation grant under section 212 to a State unless the
Governor of the State, on behalf of the State, submits to the
Secretaries an application, at such time, in such form, and
containing such information as the Secretaries may reasonably
require.
(2) Review and comment by certain individuals and
entities.--If, after a reasonable effort, the Governor is
unable in accordance with subsection (d)(4) to obtain the
support of the individuals and entities described in
subparagraphs (A) through (J) of subsection (b)(4) for the
State plan described in subsection (d), then the Governor
shall--
(A) provide such individuals and entities with copies of
such application;
(B) allow such individuals and entities to submit to the
Governor, not later than the end of the 30-day period
beginning on the date on which the Governor provides such
individuals and entities with copies of such application
under subparagraph (A), comments on those portions of the
plan that address matters that, under State or other
applicable law, are under the jurisdiction of such
individuals or entities; and
[[Page 652]]
(C) include any such comments in the application in
accordance with subsection (b)(5).
(b) Contents.--Such application shall include--
(1) a plan for a comprehensive, statewide School-to-Work
Opportunities system that meets the requirements of
subsection (d);
(2) a description of the manner in which the State will
allocate funds made available through such a grant to local
partnerships under section 215(b)(7);
(3) a request, if the State decides to submit such a
request, for 1 or more waivers of certain statutory or
regulatory requirements, as provided for under title V;
(4) a description of the manner in which--
(A) the Governor;
(B) the State educational agency;
(C) the State agency officials responsible for economic
development;
(D) the State agency officials responsible for employment;
(E) the State agency officials responsible for job
training;
(F) the State agency officials responsible for
postsecondary education;
(G) the State agency officials responsible for vocational
education;
(H) the State agency officials responsible for vocational
rehabilitation;
(I) the individual assigned for the State under section
111(b)(1) of the Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2321(b)(1));
(J) other appropriate officials, including the State human
resource investment council established in accordance with
title VII of the Job Training Partnership Act (29 U.S.C. 1792
et seq.), if the State has established such a council; and
(K) representatives of the private sector;
collaborated in the development of the application;
(5) the comments submitted to the Governor under subsection
(a)(2), where applicable; and
(6) such other information as the Secretaries may require.
(c) Coordination With Goals 2000: Educate America Act.--A
State seeking assistance under both this subtitle and the
Goals 2000: Educate America Act may--
(1) submit a single application containing plans that meet
the requirements of such subtitle and such Act and ensure
that the plans are coordinated and not duplicative; or
(2) if such State has already submitted its application for
funds under the Goals 2000: Educate America Act, submit its
application under this subtitle as an amendment to the Goals
2000: Educate America Act application if such amendment meets
the requirements of this subtitle and is coordinated with and
not duplicative of the Goals 2000: Educate America Act
application.
(d) State Plan.--A State plan referred to in subsection
(b)(1) shall--
(1) designate the geographical areas, including urban and
rural areas, to be served by local partnerships that receive
grants under 215(b), which geographic areas shall, to the
extent feasible, reflect local labor market areas;
(2) describe the manner in which the State will stimulate
and support local School-to-Work Opportunities programs and
the manner in which the statewide School-to-Work
Opportunities system will be expanded over time to cover all
geographic areas in the State, including urban and rural
areas;
(3) describe the procedure by which the individuals and
entities described in subsection (b)(4) will collaborate in
the implementation of the School-to-Work Opportunities
system;
(4) demonstrate the support of individuals and entities
described in subparagraphs (A) through (J) of subsection
(b)(4) for the plan, except in the case where the Governor is
unable to obtain the support of such individuals and entities
as provided in subsection (a)(2);
(5) describe the manner in which the State has obtained and
will continue to obtain the active and continued involvement,
in the statewide School-to-Work Opportunities system, of
employers and other interested parties such as locally
elected officials, secondary schools and postsecondary
educational institutions (or related agencies), business
associations, industrial extension centers, employees, labor
organizations or associations of such organizations,
teachers, related services personnel, students, parents,
community-based organizations, rehabilitation agencies and
organizations, registered apprenticeship agencies, local
vocational educational agencies, vocational student
organizations, State or regional cooperative education
associations, and human service agencies;
(6) describe the manner in which the statewide School-to-
Work Opportunities system will coordinate with or integrate
local school-to-work programs in existence on or after the
date of the enactment of this Act, including programs
financed from State and private sources, with funds available
from such related Federal programs as programs under--
(A) the Adult Education Act (20 U.S.C. 1201 et seq.);
(B) the Carl D. Perkins Vocational and Applied Technology
Education Act (20 U.S.C. 2301 et seq.);
(C) the Elementary and Secondary Education Act of 1965 (20
U.S.C. 2701 et seq.);
(D) the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.);
(E) part F of title IV of the Social Security Act (42
U.S.C. 681 et seq.);
(F) the Goals 2000: Educate America Act;
(G) the National Skills Standards Act of 1994;
(H) the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.);
(I) the Job Training Partnership Act (29 U.S.C. 1501 et
seq.);
(J) the Act of August 16, 1937 (commonly known as the
``National Apprenticeship Act''; 50 Stat. 664, chapter 663;
29 U.S.C. 50 et seq.);
(K) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.);
and
(L) the National and Community Service Act of 1990 (42
U.S.C. 12501 et seq.);
(7) describe the strategy of the State for providing
training for teachers, employers, mentors, counselors,
related services personnel, and others, including specialized
training and technical support for the counseling and
training of women, minorities, and individuals with
disabilities for high-skill, high-wage careers in
nontraditional employment, and provide assurances of
coordination with similar training and technical support
under other provisions of law;
(8) describe how the State will adopt, develop, or assist
local partnerships to adopt or develop model curricula and
innovative instructional methodologies, to be used in the
secondary, and where possible, the elementary grades, that
integrate academic and vocational learning and promote career
awareness, and that are consistent with academic and skill
standards established pursuant to the Goals 2000: Educate
America Act and the National Skill Standards Act of 1994;
(9) describe how the State will expand and improve career
and academic counseling in the elementary and secondary
grades, which may include linkages to career counseling and
labor market information services outside of the school
system;
(10) describe the strategy of the State for integrating
academic and vocational education;
(11) describe the resources, including private sector
resources, the State intends to employ in maintaining the
statewide School-to-Work Opportunities system when funds
under this Act are no longer available;
(12) describe the extent to which the statewide School-to-
Work Opportunities system will include programs that will
require paid high-quality, work-based learning experiences,
and the steps the State will take to generate such paid
experiences;
(13) describe the manner in which the State will ensure
effective and meaningful opportunities for all students in
the State to participate in School-to-Work Opportunities
programs;
(14) describe the goals of the State and the methods the
State will use, such as awareness and outreach, to ensure
opportunities for young women to participate in School-to-
Work Opportunities programs in a manner that leads to
employment in high-performance, high-paying jobs, including
nontraditional employment, and goals to ensure an environment
free from racial and sexual harassment;
(15) describe how the State will ensure opportunities for
low achieving students, students with disabilities, school
dropouts, and academically talented students to participate
in School-to-Work Opportunities programs;
(16) describe the process of the State for assessing the
skills and knowledge required in career majors, and the
process for awarding skill certificates that is, to the
extent feasible, consistent with the skills standards
certification systems endorsed under the National Skill
Standards Act of 1994;
(17) describe the manner in which the State will ensure
that students participating in the programs are provided, to
the greatest extent possible, with flexibility to develop new
career goals over time and to change career majors;
(18) describe the manner in which the State will, to the
extent feasible, continue programs funded under title III in
the statewide School-to-Work Opportunities system;
(19) describe how the State will serve students from rural
communities with low population densities;
(20) describe how local School-to-Work Opportunities
programs, including those funded under title III, if any,
will be integrated into the statewide School-to-Work
Opportunities system;
(21) describe the performance standards that the State
intends to meet in establishing and carrying out the
statewide School-to-Work Opportunities system, including how
such standards relate to those performance standards
established under other related programs;
(22) designate a fiscal agent to receive and be accountable
for funds provided from a grant under section 212; and
(23) describe the procedures to facilitate the entry of
students participating in a School-to-Work Opportunities
program into additional training or postsecondary education
programs, as well as to facilitate the transfer of the
students between education and training programs.
SEC. 214. REVIEW OF APPLICATION.
(a) Considerations.--In evaluating applications submitted
under section 213, the Secretaries shall--
(1) give priority to applications that describe the highest
levels of concurrence by the individuals and entities
described in section 213(b)(4) with the State plan for the
statewide School-to-Work Opportunities system;
(2) give priority to applications that require paid, high-
quality work-based learning
[[Page 653]]
experiences as an integral part of such system; and
(3) take into consideration the quality of the application,
including the replicability, sustainability, and innovation
of School-to-Work Opportunities programs described in the
application.
(b) Approval Criteria.--The Secretaries--
(1) shall approve only those applications submitted under
section 213 that demonstrate the highest levels of
collaboration by the individuals and entities described in
section 213(b)(4) in the development and implementation of
the statewide School-to-Work system;
(2) shall approve an application submitted under section
213 only if the State provides the assurances described in
section 206(a) (relating to maintenance of effort) in
accordance with such section, except that this requirement
may be waived in accordance with section 206(b); and
(3) may approve an application submitted under section 213
only if the State demonstrates in the application--
(A) that other Federal, State, and local resources will be
used to implement the proposed State plan;
(B) the extent to which such plan would limit
administrative costs and increase amounts spent on delivery
of services to students enrolled in programs under this Act;
(C) that the State, where appropriate, will ensure the
establishment of a partnership in at least 1 urban and 1
rural area in the State; and
(D) that the State plan contained in such application is
consistent with the State improvement plan for the State, if
any, under the Goals 2000: Educate America Act.
(c) Actions.--
(1) In general.--In reviewing each application submitted
under section 213, the Secretaries shall determine whether
the application and the plan described in such application
meet the approval criteria in subsection (b).
(2) Actions after affirmative determination.--If the
determination under paragraph (1) is affirmative, the
Secretaries may take 1 or more of the following actions:
(A) Provide an implementation grant under section 212 to
the State submitting the application.
(B) Approve the request of the State, if any, for a waiver
in accordance with the procedures set forth in title V.
(3) Action after nonaffirmative determination.--If the
determination under paragraph (1) is not affirmative, the
Secretaries shall inform the State of the opportunity to
apply for development funds under subtitle A in accordance
with such subtitle.
(d) Use of Funds for Review of Applications.--The
Secretaries may use amounts reserved under section 605(b)(4)
for the review of applications submitted under section 213.
SEC. 215. USE OF AMOUNTS.
(a) In General.--The Secretaries may not provide an
implementation grant under section 212 to a State unless the
State agrees that the State will use all amounts received
from such grant to implement the statewide School-to-Work
Opportunities system in accordance with this section.
(b) Subgrants to Local Partnerships.--
(1) Authority.--
(A) In general.--Except as provided in subparagraph (B),
the State shall provide subgrants to local partnerships,
according to criteria established by the State, for the
purpose of carrying out School-to-Work Opportunities
programs.
(B) Prohibition.--The State shall not provide subgrants to
local partnerships that have received implementation grants
under title III, except that this prohibition shall not apply
with respect to local partnerships that are located in high
poverty areas, as such term is defined in section 307.
(2) Application.--A local partnership that seeks a subgrant
to carry out a local School-to-Work Opportunities program,
including a program initiated under section 302, shall submit
an application to the State that--
(A) describes how the program will include the program
components described in sections 102, 103, and 104 and
otherwise meet the requirements of this Act;
(B) sets forth measurable program goals and outcomes;
(C) describes the local strategies and timetables of the
local partnership to provide opportunities for all students
in the area served to participate in a School-to-Work
Opportunities program;
(D) describes the extent to which the program will require
paid high-quality, work-based learning experiences, and the
steps the local partnerships will take to generate such paid
experiences;
(E) describes the process that will be used to ensure
employer involvement in the development and implementation of
the local School-to-Work Opportunities program;
(F) provides assurances that, to the extent practicable,
opportunities provided to students to participate in a
School-to-Work Opportunities program will be in industries
and occupations offering high-skill, high-wage employment
opportunities;
(G) provides such other information as the State may
require; and
(H) is submitted at such time and in such form as the State
may require.
(3) Disapproval of application.--If the State determines
that an application submitted by a local partnership does not
meet the criteria under paragraph (2), or that the
application is incomplete or otherwise unsatisfactory, the
State shall--
(A) notify the local partnership of the reasons for the
failure to approve the application; and
(B) permit the local partnership to resubmit a corrected or
amended application.
(4) Allowable activities.--A local partnership shall expend
funds provided through subgrants under this subsection only
for activities undertaken to carry out local School-to-Work
Opportunities programs, and such activities may include, for
each such program--
(A) recruiting and providing assistance to employers,
including small- and medium-size businesses, to provide the
work-based learning components described in section 103;
(B) establishing consortia of employers to support the
School-to-Work Opportunities program and provide access to
jobs related to the career majors of students;
(C) supporting or establishing intermediaries (selected
from among the members of the local partnership) to perform
the activities described in section 104 and to provide
assistance to students or school dropouts in obtaining jobs
and further education and training;
(D) designing or adapting school curricula that can be used
to integrate academic, vocational, and occupational learning,
school-based and work-based learning, and secondary and
postsecondary education for all students in the area served;
(E) providing training to work-based and school-based staff
on new curricula, student assessments, student guidance, and
feedback to the school regarding student performance;
(F) establishing, in schools participating in the School-
to-Work Opportunities program, a graduation assistance
program to assist at-risk students, low-achieving students,
and students with disabilities, in graduating from high
school, enrolling in postsecondary education or training, and
finding or advancing in jobs;
(G) providing career exploration and awareness services,
counseling and mentoring services, college awareness and
preparation services, and other services (beginning at the
earliest possible age, but not later than the 7th grade) to
prepare students for the transition from school to work;
(H) providing supplementary and support services, including
child care and transportation, when such services are
necessary for participation in a local School-to-Work
Opportunities program;
(I) conducting or obtaining an in-depth analysis of the
local labor market and the generic and specific skill needs
of employers to identify high-demand, high-wage careers to
target;
(J) integrating school-based and work-based learning into
job training programs that are for school dropouts and that
are in existence on or after the date of the enactment of
this Act;
(K) establishing or expanding school-to-apprenticeship
programs in cooperation with registered apprenticeship
agencies and apprenticeship sponsors;
(L) assisting participating employers, including small- and
medium-size businesses, to identify and train workplace
mentors and to develop work-based learning components;
(M) promoting the formation of partnerships between
elementary schools and secondary schools (including middle
schools) and local businesses as an investment in future
workplace productivity and competitiveness;
(N) designing local strategies to provide adequate planning
time and staff development activities for teachers, school
counselors, related services personnel, and school site
mentors, including opportunities outside the classroom that
are at the worksite;
(O) enhancing linkages between after-school, weekend, and
summer jobs, career exploration, and school-based learning;
and
(P) obtaining the assistance of organizations and
institutions that have a history of success in working with
school dropouts and at-risk and disadvantaged youths in
recruiting such school dropouts and youths to participate in
the local School-to-Work Opportunities program.
(5) Local partnership compact.--The State may not provide a
subgrant under paragraph (1) to a local partnership unless
the partnership agrees that the local partnership will
establish a process by which the responsibilities and
expectations of students, parents, employers, and schools are
clearly established and agreed upon at the point of entry of
the student into a career major program of study.
(6) Administrative costs.--The local partnership may not
use more than 10 percent of amounts received from a subgrant
under paragraph (1) for any fiscal year for administrative
costs associated with activities in carrying out, but not
including, activities under paragraphs (4) and (5) for such
fiscal year.
(7) Allocation requirements.--
(A) First year.--In the 1st fiscal year for which a State
receives amounts from a grant under section 212, the State
shall use not less than 70 percent of such amounts to provide
subgrants to local partnerships under paragraph (1).
(B) Second year.--In the 2d fiscal year for which a State
receives amounts from a grant under section 212, the State
shall use not less than 80 percent of such amounts to provide
subgrants to local partnerships under paragraph (1).
(C) Third year and succeeding years.--In the 3d fiscal year
for which a State receives amounts from a grant under section
212, and in each succeeding year, the State shall use not
less than 90 percent of such amounts to
[[Page 654]]
provide subgrants to local partnerships under paragraph (1).
(c) Additional State Activities.--In carrying out the
statewide School-to-Work Opportunities system, the State may
also--
(1) recruit and provide assistance to employers to provide
work-based learning for all students;
(2) conduct outreach activities to promote and support
collaboration, in School-to-Work Opportunities programs, by
businesses, labor organizations, and other organizations;
(3) provide training for teachers, employers, workplace
mentors, school site mentors, counselors, related services
personnel, and other parties;
(4) provide labor market information to local partnerships
that is useful in determining which high-skill, high-wage
occupations are in demand;
(5) design or adapt model curricula that can be used to
integrate academic, vocational, and occupational learning,
school-based and work-based learning, and secondary and
postsecondary education, for all students in the State;
(6) design or adapt model work-based learning programs and
identify best practices for such programs;
(7) conduct outreach activities and provide technical
assistance to other States that are developing or
implementing School-to-Work Opportunities systems;
(8) reorganize and streamline school-to-work programs in
the State to facilitate the development of a comprehensive
statewide School-to-Work Opportunities system;
(9) identify ways that local school-to-work programs in
existence on or after the date of the enactment of this Act
could be integrated with the statewide School-to-Work
Opportunities system;
(10) design career awareness and exploration activities
(beginning at the earliest possible age, but not later than
the 7th grade), such as job shadowing, job site visits,
school visits by individuals in various occupations, and
mentoring;
(11) design and implement school-sponsored work
experiences, such as school-sponsored enterprises and
community development projects;
(12) promote the formation of partnerships between
elementary schools and secondary schools (including middle
schools) and local businesses as an investment in future
workplace productivity and competitiveness;
(13) obtain the assistance of organizations and
institutions that have a history of success in working with
school dropouts and at-risk and disadvantaged youths in
recruiting such school dropouts and youths to participate in
the statewide School-to-Work Opportunities system;
(14) conduct outreach to all students in a manner that most
appropriately meets their needs and the needs of their
communities; and
(15) provide career exploration and awareness services,
counseling and mentoring services, college awareness and
preparation services, and other services (beginning at the
earliest possible age, but not later than the 7th grade) to
prepare students for the transition from school to work.
SEC. 216. ALLOCATION REQUIREMENT.
The Secretaries shall establish the minimum and maximum
amounts available for an implementation grant under section
212, and shall determine the actual amount granted to any
State under such section, based on such criteria as the scope
and quality of the plan described in section 213(d) and the
number of projected participants in programs carried out
through the system.
SEC. 217. LIMITATION ON ADMINISTRATIVE COSTS.
A State that receives an implementation grant under section
212 may not use more than 10 percent of the amounts received
through the grant for any fiscal year for administrative
costs associated with implementing the statewide School-to-
Work Opportunities system for such fiscal year.
SEC. 218. REPORTS.
The Secretaries may not provide an implementation grant
under section 212 to a State unless the State agrees that the
State will submit to the Secretaries such reports as the
Secretaries may reasonably require, relating to the use of
amounts from such grant, except that the Secretaries may not
require more than 1 such report during any 3-month period.
Subtitle C--Development and Implementation Grants for School-to-Work
Programs for Indian Youths
SEC. 221. AUTHORIZATION.
(a) In General.--From amounts reserved under section
605(b)(2), the Secretaries shall provide grants to establish
and carry out School-to-Work Opportunities programs for
Indian youths that involve Bureau funded schools (as defined
in section 1139(3) of the Education Amendments of 1978 (25
U.S.C. 2019(3))).
(b) Additional Authorities.--The Secretaries may carry out
subsection (a) through such means as the Secretaries find
appropriate, including--
(1) the transfer of funds to the Secretary of the Interior;
and
(2) the provision of financial assistance to Indian tribes
and Indian organizations.
SEC. 222. REQUIREMENTS.
In providing grants under section 221, the Secretaries
shall require recipients of such grants to comply with
requirements similar to those requirements imposed on States
under subtitles A and B of this title.
TITLE III--FEDERAL IMPLEMENTATION GRANTS TO LOCAL PARTNERSHIPS
SEC. 301. PURPOSES.
The purposes of this title are--
(1) to authorize the Secretaries to provide competitive
grants directly to local partnerships in order to provide
funding for communities that have built a sound planning and
development base for School-to-Work Opportunities programs
and are ready to begin implementing a local School-to-Work
Opportunities program; and
(2) to authorize the Secretaries to provide competitive
grants to local partnerships to implement School-to-Work
Opportunities programs in high poverty areas of urban and
rural communities to provide support for a comprehensive
range of education, training, and support services for youths
residing in such areas.
SEC. 302. AUTHORIZATION.
(a) Grants to Local Partnerships.--
(1) In general.--Subject to paragraph (2), the Secretaries
may provide implementation grants, in accordance with
competitive criteria established by the Secretaries, directly
to local partnerships in States in such amounts as the
Secretaries determine to be necessary to enable such
partnerships to implement School-to-Work Opportunities
programs.
(2) Restrictions.--A local partnership--
(A) shall be eligible to receive only 1 grant under this
subsection; and
(B) shall not be eligible to receive a grant under this
subsection if such partnership is located in a State that--
(i) has been provided an implementation grant under section
212; and
(ii) has received amounts from such grant for any fiscal
year after the 1st fiscal year under such grant.
(b) Grants to Local Partnerships in High Poverty Areas.--
(1) In general.--Subject to paragraphs (2) and (3), the
Secretaries shall, from amounts reserved under section
605(b)(3), provide grants to local partnerships that are
located in high poverty areas in States in such amounts as
the Secretaries determine to be necessary to enable such
partnerships to implement School-to-Work Opportunities
programs in such areas.
(2) Restriction.--A local partnership shall be eligible to
receive only 1 grant under this subsection.
(3) Priority.--In providing grants under paragraph (1), the
Secretaries shall give priority to local partnerships that
have a demonstrated effectiveness in the delivery of
comprehensive vocational preparation programs with successful
rates in job placement through cooperative activities among
local educational agencies, local businesses, labor
organizations, and other organizations.
(c) Period of Grant.--The provision of payments under a
grant under subsection (a) or (b) shall not exceed 5 fiscal
years and shall be subject to the annual approval of the
Secretaries and subject to the availability of appropriations
for the fiscal year involved to make the payments.
SEC. 303. APPLICATION.
(a) In General.--A local partnership that desires to
receive a Federal implementation grant under section 302
shall submit an application to the Secretaries at such time
and in such form as the Secretaries may require. The local
partnership shall submit the application to the State for
review and comment before submitting the application to the
Secretaries.
(b) Time Limit for State Review and Comment.--
(1) In general.--The State shall provide for review and
comment on the application under subsection (a) not later
than 30 days after the date on which the State receives the
application from the local partnership.
(2) Submission without state review and comment.--If the
State does not provide review and comment within the 30-day
time period specified in paragraph (1), the local partnership
may submit the application to the Secretaries without first
obtaining such review and comment.
(c) Contents.--The application described in subsection (a)
shall include a plan for local School-to-Work Opportunities
programs that--
(1) describes the manner in which the local partnership
will meet the requirements of this Act;
(2) includes the comments of the State on the plan, if any;
(3) contains information that is consistent with the
information required to be submitted as part of a State plan
in accordance with paragraphs (5) through (17) and paragraph
(23) of section 213(d);
(4) designates a fiscal agent to receive and be accountable
for funds under this section; and
(5) provides such other information as the Secretaries may
require.
(d) Use of Funds for Review of Applications.--The
Secretaries may use amounts reserved under section 605(b)(4)
for the review of applications submitted under subsection
(a).
SEC. 304. USE OF AMOUNTS.
The Secretaries may not provide an implementation grant
under section 302 to a local partnership unless the
partnership agrees that it will use all amounts from such
grant to carry out activities to implement a School-to-Work
Opportunities program, including the activities described in
section 215(b)(4).
SEC. 305. CONFORMITY WITH APPROVED STATE PLAN.
The Secretaries shall not provide a grant under section 302
to a local partnership in a State that has an approved State
plan unless
[[Page 655]]
the Secretaries determine, after consultation with the State,
that the plan submitted by the partnership is in accordance
with such approved State plan.
SEC. 306. REPORTS.
The Secretaries may not provide an implementation grant
under section 302 to a local partnership unless the
partnership agrees that the local partnership will submit to
the Secretaries such reports as the Secretaries may
reasonably require, relating to the use of amounts from such
grant, except that the Secretaries may not require more than
1 such report during any 3-month period.
SEC. 307. HIGH POVERTY AREA DEFINED.
For purposes of this title, the term ``high poverty area''
means an urban census tract, a contiguous group of urban
census tracts, a block number area in a nonmetropolitan
county, a contiguous group of block number areas in a
nonmetropolitan county, or an Indian reservation (as defined
in section 403(9) of the Indian Child Protection and Family
Violence Prevention Act (25 U.S.C. 3202(9))), with a poverty
rate of 20 percent or more among individuals who have not
attained the age of 22, as determined by the Bureau of the
Census.
TITLE IV--NATIONAL PROGRAMS
SEC. 401. RESEARCH, DEMONSTRATION, AND OTHER PROJECTS.
(a) In General.--The Secretaries shall conduct research and
development projects and establish a program of experimental
and demonstration projects, to further the purposes of this
Act.
(b) Additional Use of Funds.--The Secretaries may provide
assistance for programs or services authorized under any
other provision of this Act that are most appropriately
administered at the national level and that will operate in,
or benefit, more than 1 State.
SEC. 402. PERFORMANCE OUTCOMES AND EVALUATION.
(a) In General.--The Secretaries, in collaboration with the
States, shall by grant, contract, or otherwise, establish a
system of performance measures for assessing State and local
programs regarding--
(1) progress in the development and implementation of State
plans described in section 213(d) that include the basic
program components described in sections 102, 103, and 104
and otherwise meet the requirements of title I;
(2) participation in School-to-Work Opportunities programs
by employers, schools, students, and school dropouts,
including information on the gender, race, ethnicity,
socioeconomic background, limited-English proficiency, and
disability of all participants and whether the participants
are academically talented students;
(3) progress in developing and implementing strategies for
addressing the needs of students and school dropouts;
(4) progress in meeting the goals of the State to ensure
opportunities for young women to participate in School-to-
Work Opportunities programs, including participation in
nontraditional employment through such programs;
(5) outcomes for participating students and school
dropouts, by gender, race, ethnicity, socioeconomic
background, limited-English proficiency, and disability of
the participants, and whether the participants are
academically talented students, including information on--
(A) academic learning gains;
(B) staying in school and attaining--
(i) a high school diploma, or a general equivalency
diploma, or an alternative diploma or certificate for those
students with disabilities for whom such alternative diploma
or certificate is appropriate;
(ii) a skill certificate; and
(iii) a postsecondary degree;
(C) attainment of strong experience in and understanding of
all aspects of the industry the students are preparing to
enter;
(D) placement and retention in further education or
training, particularly in the career major of the student;
and
(E) job placement, retention, and earnings, particularly in
the career major of the student; and
(6) the extent to which the program has met the needs of
employers.
(b) Evaluation.--Not later than September 30, 1998, the
Secretaries shall complete a national evaluation of School-
to-Work Opportunities programs funded under this Act by
grants, contracts, or otherwise, that will track and assess
the progress of implementation of State and local programs
and their effectiveness based on measures such as those
measures described in subsection (a).
(c) Reports to the Secretaries.--
(1) In general.--Each State shall prepare and submit to the
Secretaries periodic reports, at such intervals as the
Secretaries may determine, containing information regarding
the matters described in paragraphs (1) through (6) of
subsection (a).
(2) Federal programs.--Each State shall prepare and submit
reports to the Secretaries, at such intervals as the
Secretaries may determine, containing information on the
extent to which Federal programs that are in existence on the
date of submission of the report and that are implemented at
the State or local level may be duplicative, outdated, overly
restrictive, or otherwise counterproductive to the
development of comprehensive statewide School-to-Work
Opportunities systems.
SEC. 403. TRAINING AND TECHNICAL ASSISTANCE.
(a) Purpose.--The Secretaries shall work in cooperation
with the States, the individuals assigned under section
111(b)(1) of the Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2321(b)(1)), employers
and their associations, secondary schools and postsecondary
educational institutions, student and teacher organizations,
labor organizations, and community-based organizations, to
increase their capacity to develop and implement effective
School-to-Work Opportunities programs.
(b) Authorized Activities.--The Secretaries shall provide,
through grants, contracts, or otherwise--
(1) training, technical assistance, and other activities
that will--
(A) enhance the skills, knowledge, and expertise of the
personnel involved in planning and implementing State and
local School-to-Work Opportunities programs, such as training
of the personnel to assist students; and
(B) improve the quality of services provided to individuals
served under this Act;
(2) assistance to States and local partnerships involved in
carrying out School-to-Work Opportunities programs in order
to integrate resources available under this Act with
resources available under other Federal, State, and local
authorities;
(3) assistance to States and such local partnerships,
including local partnerships in rural communities with low
population densities or in urban areas, to recruit employers
to provide the work-based learning component, described in
section 103, of School-to-Work Opportunities programs; and
(4) assistance to States and local partnerships involved in
carrying out School-to-Work Opportunities programs to design
and implement school-sponsored enterprises.
SEC. 404. CAPACITY BUILDING AND INFORMATION AND DISSEMINATION
NETWORK.
The Secretaries, acting through such mechanisms as the
Capacity Building and Information and Dissemination Network
established under section 453(b) of the Job Training
Partnership Act (29 U.S.C. 1733(b)), the Educational
Resources Information Center Clearinghouses referred to in
the Educational Research, Development, Dissemination, and
Improvement Act of 1994, and the National Network for
Curriculum Coordination in Vocational and Technical Education
under section 402(c) of the Carl D. Perkins Vocational and
Applied Technology Education Act (20 U.S.C. 2402(c)), shall--
(1) collect and disseminate information--
(A) on successful School-to-Work Opportunities programs and
innovative school- and work-based curricula;
(B) on research and evaluation conducted concerning school-
to-work activities;
(C) that will assist States and local partnerships in
undertaking labor market analysis, surveys, or other
activities related to economic development;
(D) on skill certificates, skill standards, and related
assessment technologies; and
(E) on methods for recruiting and building the capacity of
employers to provide work-based learning opportunities; and
(2) facilitate communication and the exchange of
information and ideas among States and local partnerships
carrying out School-to-Work Opportunities programs.
SEC. 405. REPORTS TO CONGRESS.
(a) In General.--Not later than 24 months after the date of
the enactment of this Act, and every 12 months thereafter,
the Secretaries shall prepare and submit a report to the
Congress on all activities carried out pursuant to this Act.
(b) Contents.--The Secretaries shall, at a minimum, include
in each such report--
(1) information concerning the programs that receive
assistance under this Act;
(2) a summary of the information contained in the State and
local partnership reports submitted under titles II and III
and section 402(c); and
(3) information regarding the findings and actions taken as
a result of any evaluation conducted by the Secretaries.
SEC. 406. FUNDING.
The Secretaries shall use funds reserved under section
605(b)(4) to carry out activities under this title.
TITLE V--WAIVER OF STATUTORY AND REGULATORY REQUIREMENTS
SEC. 501. STATE AND LOCAL PARTNERSHIP REQUESTS AND
RESPONSIBILITIES FOR WAIVERS.
(a) State Request for Waiver.--A State may submit to the
Secretaries a request for a waiver of 1 or more requirements
of the provisions of law referred to in sections 502 and 503,
or of the regulations issued under such provisions, in order
to carry out the statewide School-to-Work Opportunities
system established by such State under subtitle B of title
II. The State may submit the request as a part of the
application described in section 213 (or as an amendment to
the application at any time after submission of the
application). Such request may include a request for
different waivers with respect to different areas within the
State.
(b) Local Partnership Request for Waiver.--
(1) In general.--A local partnership that seeks a waiver of
such a requirement shall submit an application for such
waiver to the State, and the State shall determine whether to
submit a request for a waiver to the Secretaries, as provided
in subsection (a).
(2) Time limit.--
(A) In general.--The State shall make a determination to
submit or not submit the
[[Page 656]]
request for a waiver under paragraph (1) not later than 30
days after the date on which the State receives the
application from the local partnership.
(B) Direct submission.--
(i) In general.--If the State does not make a determination
to submit or not submit the request within the 30-day time
period specified in subparagraph (A), the local partnership
may submit the application to the Secretaries.
(ii) Requirements.--In submitting such an application, the
local partnership shall obtain the agreement of the State
involved to comply with the requirements of section
502(a)(1)(C) or 503(a)(1)(C), as appropriate, and comply with
the other requirements of section 502 or 503, as appropriate,
and of subsections (c) and (d), that would otherwise apply to
a State submitting a request for a waiver. In reviewing such
an application, the Secretaries shall comply with the
requirements of such section and such subsections that would
otherwise apply to the Secretaries with respect to review of
such a request.
(c) Waiver Criteria.--Any such request by the State shall
meet the criteria contained in section 502 or 503 and shall
specify the provisions or regulations referred to in such
sections with respect to which the State seeks a waiver.
(d) Support by Appropriate State Agencies.--In requesting
such a waiver, the State shall provide evidence of support
for the waiver request by the State agencies or officials
with jurisdiction over the provisions or regulations that
would be waived.
SEC. 502. WAIVER AUTHORITY OF SECRETARY OF EDUCATION.
(a) Waiver Authority.--
(1) In general.--Except as provided in subsection (c), the
Secretary of Education may waive any requirement under any
provision of law referred to in subsection (b), or of any
regulation issued under such provision, for a State that
requests such a waiver and has an approved State plan--
(A) if, and only to the extent that, the Secretary of
Education determines that such requirement impedes the
ability of the State or a local partnership to carry out the
purposes of this Act;
(B) if the State provides the Secretary of Education with
documentation of the necessity for the waiver, including
information concerning--
(i) the specific requirement that will be waived;
(ii) the specific positive outcomes expected from the
waiver and why those outcomes cannot be achieved while
complying with the requirement;
(iii) the process that will be used to monitor the progress
of the State or local partnership in implementing the waiver;
and
(iv) such other information as the Secretary of Education
may require;
(C) if the State waives, or agrees to waive, similar
requirements of State law; and
(D) if the State--
(i) has provided all local partnerships that carry out
programs under this Act, and local educational agencies
participating in such a local partnership, in the State with
notice and an opportunity to comment on the proposal of the
State to seek a waiver;
(ii) provides, to the extent feasible, to students,
parents, advocacy and civil rights groups, and labor and
business organizations an opportunity to comment on the
proposal of the State to seek a waiver; and
(iii) has submitted the comments of the local partnerships
and local educational agencies to the Secretary of Education.
(2) Approval or disapproval.--The Secretary of Education
shall promptly approve or disapprove any request submitted
pursuant to paragraph (1) and shall issue a decision that
shall--
(A) include the reasons for approving or disapproving the
request, including a response to comments on the proposal;
and
(B) in the case of a decision to approve the request, be
disseminated by the State seeking the waiver to interested
parties, including educators, parents, students, advocacy and
civil rights organizations, labor and business organizations,
and the public.
(3) Approval criteria.--In approving a request under
paragraph (2), the Secretary of Education shall consider the
amount of State resources that will be used to implement the
approved State plan.
(4) Term.--Each waiver approved pursuant to this subsection
shall be for a period not to exceed 5 years, except that the
Secretary of Education may extend such period if the
Secretary of Education determines that the waiver has been
effective in enabling the State or local partnership to carry
out the purposes of this Act.
(b) Included Programs.--The provisions subject to the
waiver authority of this section are--
(1) chapter 1 of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 2701 et seq.), including the
Even Start programs carried out under part B of such chapter
(20 U.S.C. 2741 et seq.);
(2) part A of chapter 2 of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 2921 et seq.);
(3) part A of title II of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 2981 et seq.);
(4) part D of title IV of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 3121 et seq.);
(5) title V of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 3171 et seq.); and
(6) the Carl D. Perkins Vocational and Applied Technology
Education Act (20 U.S.C. 2301 et seq.).
(c) Waivers Not Authorized.--The Secretary of Education may
not waive any requirement of any provision referred to in
subsection (b), or of any regulation issued under such
provision, relating to--
(1) the basic purposes or goals of such provision;
(2) maintenance of effort;
(3) comparability of services;
(4) the equitable participation of students attending
private schools;
(5) student and parental participation and involvement;
(6) the distribution of funds to State or local educational
agencies;
(7) the eligibility of an individual for participation in a
program under such provision;
(8) public health or safety, labor standards, civil rights,
occupational safety and health, or environmental protection;
or
(9) prohibitions or restrictions relating to the
construction of buildings or facilities.
(d) Termination of Waivers.--The Secretary of Education
shall periodically review the performance of any State, local
partnership, or local educational agency, for which the
Secretary of Education has granted a waiver under this
section and shall terminate the waiver under this section if
the Secretary of Education determines that the performance of
the State, local partnership, or local educational agency
that is affected by the waiver has been inadequate to justify
a continuation of the waiver, or the State fails to waive
similar requirements of State law as required or agreed to in
accordance with subsection (a)(1)(C).
SEC. 503. WAIVER AUTHORITY OF SECRETARY OF LABOR.
(a) Waiver Authority.--
(1) In general.--Except as provided in subsection (b), the
Secretary of Labor may waive any requirement under any
provision of the Job Training Partnership Act (29 U.S.C. 1501
et seq.), or of any regulation issued under such provision,
for a State that requests such a waiver and has an approved
State plan--
(A) if, and only to the extent that, the Secretary of Labor
determines that such requirement impedes the ability of the
State or a local partnership to carry out the purposes of
this Act;
(B) if the State provides the Secretary of Labor with
documentation of the necessity for the waiver, including
information concerning--
(i) the specific requirement that will be waived;
(ii) the specific positive outcomes expected from the
waiver and why those outcomes cannot be achieved while
complying with the requirement;
(iii) the process that will be used to monitor the progress
of the State or local partnership in implementing the waiver;
and
(iv) such other information as the Secretary of Labor may
require;
(C) if the State waives, or agrees to waive, similar
requirements of State law; and
(D) if the State--
(i) has provided all local partnerships that carry out
programs under this Act in the State with notice and an
opportunity to comment on the proposal of the State to seek a
waiver;
(ii) provides, to the extent feasible, to students,
parents, advocacy and civil rights groups, and labor and
business organizations an opportunity to comment on the
proposal of the State to seek a waiver; and
(iii) has submitted the comments of the local partnerships
to the Secretary of Labor.
(2) Approval or disapproval.--The Secretary of Labor shall
promptly approve or disapprove any request submitted pursuant
to paragraph (1) and shall issue a decision that shall--
(A) include the reasons for approving or disapproving the
request, including a response to comments on the proposal;
and
(B) in the case of a decision to approve the request, be
disseminated by the State seeking the waiver to interested
parties, including educators, parents, students, advocacy and
civil rights organizations, labor and business organizations,
and the public.
(3) Approval criteria.--In approving a request under
paragraph (2), the Secretary of Labor shall consider the
amount of State resources that will be used to implement the
approved State plan.
(4) Term.--Each waiver approved pursuant to this subsection
shall be for a period not to exceed 5 years, except that the
Secretary of Labor may extend such period if the Secretary of
Labor determines that the waiver has been effective in
enabling the State or local partnership to carry out the
purposes of this Act.
(b) Waivers Not Authorized.--The Secretary of Labor may not
waive any requirement under any provision of the Job Training
Partnership Act (29 U.S.C. 1501 et seq.), or of any
regulation issued under such provision, relating to--
(1) the basic purposes or goals of such provision;
(2) maintenance of effort;
(3) the distribution of funds;
(4) the eligibility of an individual for participation in a
program under such provision;
(5) public health or safety, labor standards, civil rights,
occupational safety and health, or environmental protection;
or
(6) prohibitions or restrictions relating to the
construction of buildings or facilities.
(c) Termination of Waivers.--The Secretary of Labor shall
periodically review the performance of any State or local
partner-
[[Page 657]]
ship for which the Secretary of Labor has granted a waiver
under this section and shall terminate the waiver under this
section if the Secretary of Labor determines that the
performance of the State or local partnership affected by the
waiver has been inadequate to justify a continuation of the
waiver, or the State fails to waive similar requirements of
State law as required or agreed to in accordance with
subsection (a)(1)(C).
SEC. 504. COMBINATION OF FEDERAL FUNDS FOR HIGH POVERTY
SCHOOLS.
(a) In General.--
(1) Purposes.--The purposes of this section are--
(A) to integrate activities under this Act with school-to-
work activities carried out under other Acts; and
(B) to maximize the effective use of resources.
(2) Combination of funds.--To carry out such purposes, a
local partnership that receives assistance under title II or
III may carry out schoolwide school-to-work activities in
schools that meet the requirements of subparagraphs (A) and
(B) of section 263(g)(1) of the Job Training Partnership Act
(29 U.S.C. 1643(g)(1) (A) and (B)) with funds obtained by
combining--
(A) Federal funds under this Act; and
(B) other Federal funds made available from among programs
under--
(i) the provisions of law listed in paragraphs (2) through
(6) of section 502(b); and
(ii) the Job Training Partnership Act (29 U.S.C. 1501 et
seq.).
(b) Use of Funds.--A local partnership may use the Federal
funds combined under subsection (a) under the requirements of
this Act, except that the provisions relating to the matters
specified in paragraphs (1) through (6) and paragraphs (8)
and (9) of section 502(c), and paragraphs (1) through (3) and
paragraphs (5) and (6) of section 503(b), that relate to the
program through which the funds described in subsection
(a)(2)(B) were made available, shall remain in effect with
respect to the use of such funds.
(c) Additional Information in Application.--A local
partnership seeking to combine funds under subsection (a)
shall include in the application of the local partnership
under title II or III--
(1) a description of the funds the local partnership
proposes to combine under the requirements of this Act;
(2) the activities to be carried out with such funds;
(3) the specific outcomes expected of participants in
schoolwide school-to-work activities; and
(4) such other information as the State, or Secretaries, as
the case may be, may require.
(d) Provision of Information.--The local partnership shall,
to the extent feasible, provide information on the proposed
combination of Federal funds under subsection (a) to
educators, parents, students, advocacy and civil rights
organizations, labor and business organizations, and the
public.
SEC. 505. COMBINATION OF FEDERAL FUNDS BY STATES FOR SCHOOL-
TO-WORK ACTIVITIES.
(a) In General.--
(1) Purposes.--The purposes of this section are--
(A) to integrate activities under this Act with State
school-to-work activities carried out under other Acts; and
(B) to maximize the effective use of resources.
(2) Combination of funds.--To carry out such purposes, a
State that has an approved State plan may carry out
activities necessary to develop and implement a statewide
School-to-Work Opportunities system with funds obtained by
combining--
(A) Federal funds under this Act; and
(B) other Federal funds that are made available under--
(i) section 102(a)(3) of the Carl D. Perkins Vocational
Education and Applied Technology Education Act (20 U.S.C.
2312(a)(3));
(ii) section 202(c)(1)(C) or section 262(c)(1)(C) of the
Job Training Partnership Act (29 U.S.C. 1602(c)(1)(C) or
1642(c)(1)(C));
(iii) section 202(c)(1)(B) of the Job Training Partnership
Act that would otherwise be available for the purposes
described in section 202(c)(3) of such Act; or
(iv) section 262(c)(1)(B) of the Job Training Partnership
Act that would otherwise be available for the purposes
described in section 262(c)(3) of such Act.
(b) Use of Funds.--A State may use, under the requirements
of this Act, Federal funds that are made available to the
State and combined under subsection (a) to carry out school-
to-work activities, except that the provisions relating to
the matters specified in section 502(c), and section 503(b),
that relate to the program through which the funds described
in subsection (a)(2)(B) were made available, shall remain in
effect with respect to the use of such funds.
(c) Additional Information in Application.--A State seeking
to combine funds under subsection (a) shall include in the
application described in section 213--
(1) a description of the funds the State proposes to
combine under the requirements of this Act;
(2) the activities to be carried out with such funds;
(3) the specific outcomes expected of participants in
school-to-work activities;
(4) formal evidence of support for the request by the State
agencies or officials with jurisdiction over the funds that
would be combined; and
(5) such other information as the Secretaries may require.
(d) Extension.--The authority of a State to combine funds
under this section shall not exceed 5 years, except that the
Secretaries may extend such period if the Secretaries
determine that an extension of such authority would further
the purposes of this Act.
(e) Limitation.--Nothing in this section shall be construed
to relieve a State of an obligation to conduct the activities
required under section 201(b) of the Carl D. Perkins
Vocational Education and Applied Technology Education Act.
TITLE VI--GENERAL PROVISIONS
SEC. 601. REQUIREMENTS.
The following requirements shall apply to programs under
this Act:
(1) Prohibition on displacement.--No student participating
in such a program shall displace any currently employed
worker (including a partial displacement, such as a reduction
in the hours of nonovertime work, wages, or employment
benefits).
(2) Prohibition on impairment of contracts.--No such
program shall impair existing contracts for services or
collective bargaining agreements, and no such program that
would be inconsistent with the terms of a collective
bargaining agreement shall be undertaken without the written
concurrence of the labor organization and employer concerned.
(3) Prohibition on replacement.--No student participating
in such a program shall be employed or fill a job--
(A) when any other individual is on temporary layoff, with
the clear possibility of recall, from the same or any
substantially equivalent job with the participating employer;
or
(B) when the employer has terminated the employment of any
regular employee or otherwise reduced the workforce of the
employer with the intention of filling the vacancy so created
with the student.
(4) Workplaces.--Students participating in such programs
shall be provided with adequate and safe equipment and safe
and healthful workplaces in conformity with all health and
safety requirements of Federal, State, and local law.
(5) Effect on other laws.--Nothing in this Act shall be
construed to modify or affect any Federal or State law
prohibiting discrimination on the basis of race, religion,
color, ethnicity, national origin, gender, age, or
disability, or to modify or affect any right to enforcement
of this Act that may exist under other Federal laws, except
as expressly provided by this Act.
(6) Prohibition concerning wages.--Funds appropriated under
authority of this Act shall not be expended for wages of
students or workplace mentors participating in such programs.
(7) Other requirements.--The Secretaries shall establish
such other requirements as the Secretaries may determine to
be appropriate, in order to ensure that participants in
programs under this Act are afforded adequate supervision by
skilled adult workers, or to otherwise further the purposes
of this Act.
SEC. 602. SANCTIONS.
(a) Termination or Suspension of Assistance.--
(1) In general.--The Secretaries may terminate or suspend
any financial assistance under this Act, in whole or in part,
or not make payments under a grant awarded under this Act, if
the Secretaries determine that a recipient has failed to meet
any requirements of this Act, including--
(A) reporting requirements under section 402(c);
(B) regulations under this Act; or
(C) requirements of an approved State plan.
(2) Notice and opportunity for hearing.--If the Secretaries
terminate or suspend such financial assistance, or do not
make such payments under paragraph (1), with respect to a
recipient, then the Secretaries shall provide--
(A) prompt notice to such recipient; and
(B) the opportunity for a hearing to such recipient not
later than 30 days after the date on which such notice is
provided.
(b) Nondelegation.--The Secretaries shall not delegate any
of the functions or authority specified in this section,
other than to an officer whose appointment is required to be
made by and with the advice and consent of the Senate.
SEC. 603. STATE AUTHORITY.
Nothing in this Act shall be construed to negate or
supersede the legal authority, under State law or other
applicable law, of any State agency, State entity, or State
public official over programs that are under the jurisdiction
of the agency, entity, or official. Nothing in this Act shall
be construed to interfere with the authority of such agency,
entity, or official to enter into a contract under any
provision of law.
SEC. 604. PROHIBITION ON FEDERAL MANDATES, DIRECTION, AND
CONTROL.
Nothing in this Act shall be construed to authorize an
officer or employee of the Federal Government to mandate,
direct, or control a State's, local educational agency's, or
school's curriculum, program of instruction, or allocation of
State or local resources or mandate a State or any
subdivision thereof to spend any funds or incur any costs not
paid for under this Act.
SEC. 605. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
the Secretaries to carry out this Act $300,000,000 for fiscal
year 1995 and such sums as may be necessary for each of the
fiscal years 1996 through 1999.
[[Page 658]]
(b) Reservations.--From amounts appropriated under
subsection (a) for any fiscal year, the Secretaries--
(1) shall reserve not more than \1/2\ of 1 percent of such
amounts for such fiscal year to provide grants under sections
202 and 212 to the jurisdictions described in section 202(b);
(2) shall reserve not more than \1/2\ of 1 percent of such
amounts for such fiscal year to provide grants under subtitle
C of title II to establish and carry out School-to-Work
Opportunities programs for Indian youths that involve Bureau
funded schools (as defined in section 1139(3) of the
Education Amendments of 1978 (25 U.S.C. 2019(3)));
(3) shall reserve 10 percent of such amounts for such
fiscal year to provide grants under section 302(b) to local
partnerships located in high poverty areas, which reserved
funds may be used in conjunction with funds available under
the Youth Fair Chance Program set forth in part H of title IV
of the Job Training Partnership Act (29 U.S.C. 1782 et seq.);
and
(4)(A) shall reserve 2.5 percent of such amounts for such
fiscal year to carry out section 404; and
(B) shall reserve not more than an additional 5 percent of
such amounts for such fiscal year to carry out other
activities under title IV, and activities under sections
214(d) and 303(d).
(c) Availability of Funds.--Funds appropriated for any
fiscal year for programs authorized under this Act shall
remain available until expended.
TITLE VII--OTHER PROGRAMS
Subtitle A--Reauthorization of Job Training for the Homeless
Demonstration Program Under the Stewart B. McKinney Homeless Assistance
Act
SEC. 701. REAUTHORIZATION.
(a) In General.--Section 739(a) of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11449(a)) is amended by
striking ``the following amounts:'' and all that follows and
inserting ``such sums as may be necessary for each of the
fiscal years 1994 and 1995.''.
(b) Conforming Amendment.--Section 741 of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C. 11450) is amended
by striking ``1993'' and inserting ``1995''.
Subtitle B--Tech-Prep Programs
SEC. 711. TECH-PREP EDUCATION.
(a) Contents of Program.--Section 344(b)(2) of the Tech-
Prep Education Act (20 U.S.C. 2394b(b)(2)) is amended by
inserting ``or 4 years'' before ``of secondary school''.
(b) Special Consideration; Priority.--Section 345(d)(2) of
the Tech-Prep Education Act (20 U.S.C. 2394c(d)(2)) is
amended to read as follows:
``(2) are developed in consultation with business,
industry, labor unions, and institutions of higher education
that award baccalaureate degrees; and''.
Subtitle C--Alaska Native Art and Culture
SEC. 721. SHORT TITLE.
This title may be cited as ``Alaska Native Culture and Arts
Development Act''.
SEC. 722. ALASKA NATIVE ART AND CULTURE.
Part B of title XV of the Higher Education Amendments of
1986 (20 U.S.C. 4441 et seq.) is amended--
(1) in the part heading, to read as follows:
``Part B--Native Hawaiians and Alaska Natives'';
and
(2) in section 1521, to read as follows:
``SEC. 1521. PROGRAM FOR NATIVE HAWAIIAN AND ALASKA NATIVE
CULTURE AND ARTS DEVELOPMENT.
``(a) In General.--The Secretary of the Interior is
authorized to make grants for the purpose of supporting
programs for Native Hawaiian or Alaska Native culture and
arts development to any private, nonprofit organization or
institution which--
``(1) primarily serves and represents Native Hawaiians or
Alaska Natives, and
``(2) has been recognized by the Governor of the State of
Hawaii or the Governor of the State of Alaska, as
appropriate, for the purpose of making such organization or
institution eligible to receive such grants.
``(b) Purpose of Grants.--Grants made under subsection (a)
shall, to the extent deemed possible by the Secretary and the
recipient of the grant, be used--
``(1) to provide scholarly study of, and instruction in,
Native Hawaiian or Alaska Native art and culture,
``(2) to establish programs which culminate in the awarding
of degrees in the various fields of Native Hawaiian or Alaska
Native art and culture, or
``(3) to establish centers and programs with respect to
Native Hawaiian or Alaska Native art and culture that are
similar in purpose to the centers and programs described in
subsections (b) and (c) of section 1510.
``(c) Management of Grants.--
``(1) Any organization or institution which is the
recipient of a grant made under subsection (a) shall
establish a governing board to manage and control the program
with respect to which such grant is made.
``(2) For any grants made with respect to Native Hawaiian
art and culture, the members of the governing board which is
required to be established under paragraph (1) shall--
``(A) be Native Hawaiians or individuals widely recognized
in the field of Native Hawaiian art and culture,
``(B) include a representative of the Office of Hawaiian
Affairs of the State of Hawaii,
``(C) include the president of the University of Hawaii,
``(D) include the president of the Bishop Museum, and
``(E) serve for a fixed term of office.
``(3) For any grants made with respect to Alaska Native art
and culture, the members of the governing board which is
required to be established under paragraph (1) shall--
``(A) include Alaska Natives and individuals widely
recognized in the field of Alaska Native art and culture,
``(B) represent the Eskimo, Indian and Aleut cultures of
Alaska, and
``(C) serve for a fixed term.''.
Subtitle D--Job Training
SEC. 731. AMENDMENT TO JOB TRAINING PARTNERSHIP ACT TO
PROVIDE ALLOWANCES FOR CHILD CARE COSTS TO
CERTAIN INDIVIDUALS PARTICIPATING IN THE JOB
CORPS.
Section 429 of the Job Training Partnership Act (29 U.S.C.
1699) is amended by adding at the end the following new
subsection:
``(e) In addition to child care assistance provided under
section 428(e), the Secretary shall provide enrollees who
otherwise could not participate in the Job Corps with
allowances to pay for child care costs, such as food,
clothing, and health care for the child. Allowances under
this subsection may only be provided during the first 2
months of an enrollee's participation in the program and
shall be in an amount that does not exceed the maximum amount
that may be provided by the State pursuant to section
402(g)(1)(C) of the Social Security Act (42 U.S.C.
602(g)(1)(C)).''.
TITLE VIII--TECHNICAL PROVISIONS
SEC. 801. EFFECTIVE DATE.
This Act shall take effect on the date of enactment of this
Act.
SEC. 802. SUNSET.
The authority provided by this Act shall terminate on
October 1, 2001.
And the Senate agree to the same.
Edward M. Kennedy,
Claiborne Pell,
Howard M. Metzenbaum,
Paul Simon,
Tom Harkin,
Barbara A. Mikulski,
Jeff Bingaman,
Paul Wellstone,
Harris Wofford,
Dave Durenberger,
Managers on the Part of the Senate.
William D. Ford,
Dale E. Kildee,
Pat Williams,
Bill Goodling,
Steve Gunderson,
Managers on the Part of the House.
When said conference report was considered.
After debate,
By unanimous consent, the previous question was ordered on the
conference report to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. POMEROY, announced that the yeas had it.
Mr. FORD of Michigan objected to the vote on the ground that a quorum
was not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
339
When there appeared
<3-line {>
Nays
79
Para. 36.5 [Roll No. 128]
YEAS--339
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Baesler
Baker (LA)
Barca
Barcia
Barlow
Barrett (WI)
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Buyer
Byrne
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
English
Eshoo
Evans
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Frost
Furse
Gallegly
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Glickman
Gonzalez
Goodling
Gordon
Goss
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hutto
Hyde
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kasich
Kennedy
Kennelly
[[Page 659]]
Kildee
Kim
Kleczka
Klein
Klink
Kolbe
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCrery
McCurdy
McDermott
McHale
McHugh
McKeon
McKinney
McMillan
Meehan
Meek
Menendez
Meyers
Mfume
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roemer
Rogers
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Spence
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Synar
Talent
Tanner
Tauzin
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
NAYS--79
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Ballenger
Barrett (NE)
Bartlett
Boehner
Bunning
Burton
Callahan
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Everett
Ewing
Fields (TX)
Fowler
Franks (NJ)
Gekas
Gingrich
Goodlatte
Grams
Hancock
Hansen
Hastert
Hefley
Herger
Hoke
Hunter
Hutchinson
Inglis
Inhofe
Istook
Johnson, Sam
King
Kingston
Klug
Knollenberg
Kyl
Lewis (FL)
Lightfoot
Linder
Livingston
Manzullo
McCandless
McCollum
McInnis
Mica
Moorhead
Oxley
Packard
Paxon
Porter
Roberts
Rohrabacher
Royce
Schaefer
Sensenbrenner
Shaw
Shuster
Solomon
Stearns
Stump
Taylor (MS)
Taylor (NC)
Walker
Zimmer
NOT VOTING--14
Bacchus (FL)
Clay
Engel
Fish
Gallo
Grandy
Kaptur
McDade
McNulty
Ridge
Rowland
Swift
Washington
Whitten
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 36.6 h. res. 329--unfinished business
The SPEAKER pro tempore, Mrs. MEEK, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and agree to the resolution (H. Res. 329) designating 1994 as a year to
honor the memory and leadership qualities of the Honorable Thomas P.
``Tip'' O'Neill, Jr., the late Speaker of the House of Representatives;
as amended.
The question being put,
Will the House suspend the rules and agree to said resolution, as
amended?
The vote was taken by electronic device.
It was decided in the
Yeas
416
<3-line {>
affirmative
Nays
2
Para. 36.7 [Roll No. 129]
YEAS--416
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
English
Eshoo
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--2
Hefley
Taylor (NC)
NOT VOTING--14
Bacchus (FL)
Engel
Evans
Fish
Gallo
Grandy
Houghton
Istook
Kaptur
McDade
McNulty
Ridge
Stump
Washington
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said resolution, as amended, was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said resolution, as amended, was agreed to was, by unanimous consent,
laid on the table.
[[Page 660]]
Para. 36.8 crime control
The SPEAKER pro tempore, Mrs. MEEK, pursuant to House Resolution 401
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 4092) to control and prevent crime.
The Acting Chairman, Mr. SPRATT assumed the Chair; and after some time
spent therein,
Para. 36.9 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendments en bloc submitted by Mr. BROOKS:
At the end insert the following new title:
TITLE XXIV--CRIMINAL ALIENS
SEC. 2401. INCARCERATION OF UNDOCUMENTED CRIMINAL ALIENS.
(a) Incarceration.--Section 242 of the Immigration and
Nationality Act (8 U.S.C. 1252) is amended by adding at the
end the following:
``(j) Incarceration.--
``(1) If the chief official of the State (or, if
appropriate, a political subdivision of the State) exercising
authority with respect to the incarceration of an
undocumented criminal alien (sentenced to a determinate term
of imprisonment) submits a written request to the Attorney
General, the Attorney General shall, as determined by the
Attorney General--
``(A) enter into a contractual arrangement which provides
for compensation to the State of a political subdivision of
the State, as may be appropriate, with respect to the
incarceration of such undocumented criminal alien for such
determinate sentence of imprisonment, or
``(B) take the undocumented criminal alien into the custody
of the Federal Government and incarcerate such alien for such
determinate sentence of imprisonment.
``(2) Compensation under paragraph (1)(A) shall be
determined by the Attorney General and may not exceed the
median cost of incarceration of a prisoner in all maximum
security facilities in the United States as determined by the
Bureau of Justice Statistics.
``(3) For purposes of this subsection, the term
`undocumented criminal alien' means an alien who--
``(A) has been convicted of a felony and sentenced to a
term of imprisonment, and
``(B)(i) entered the United States without inspection or at
any time or place other than as designated by the Attorney
General,
``(ii) was the subject of exclusion or deportation
proceedings at the time he or she was taken into custody by
the State or a political subdivision of the State, or
``(iii) was admitted as a nonimmigrant and at the time he
or she was taken into custody by the State or a political
subdivision of the State has failed to maintain the
nonimmigrant status in which the alien was admitted or to
which it was changed under section 248, or to comply with the
conditions of any such status.
``(4)(A) In carrying out paragraph (1), the Attorney
General shall give priority to the Federal incarceration of
undocumented criminal aliens who have committed aggravated
felonies.
``(B) The Attorney General shall ensure that undocumented
criminal aliens incarcerated in Federal facilities pursuant
to this subsection are held in facilities which provide a
level of security appropriate to the crimes for which they
were convicted.''
(b) Effective Date.--The amendments made by this section
shall take effect October 1, 1994.
(c) Limitation.--The authority created in section 242(j) of
the Immigration and Nationality Act (as added by subsection
(a)) shall be subject to appropriation until October 1, 1998.
At the end of the bill add the following new title:
TITLE --NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION
SEC. . AUTHORIZING ACCESS TO FEDERAL CRIMINAL INFORMATION
DATA BASES.
(a) Access.--The Attorney General shall amend existing
regulations (published at 28 C.F.R. 20.33(a)) to authorize
the dissemination of information from existing national crime
information databases, including the National Crime
Information Center and III (``Triple I''), to courts and
court personnel, civil or criminal, for use in domestic
violence or stalking cases. Nothing in this subsection shall
be construed to permit any person or court access to criminal
history record information for any other purpose or for any
other civil case other than for use in a stalking or domestic
violence case.
(b) Entry.--The Attorney General shall amend existing
regulations to permit Federal and State criminal justice
agencies, assigned to input information into national crime
information databases, to include arrests, warrants, and
orders for the protection of parties from stalking or
domestic violence, whether issued by a criminal, civil, or
family court. Such amendment shall include a definition of
criminal history information that covers warrants, arrests,
and orders for the protection of parties from stalking or
domestic violence. Nothing in this subsection shall be
construed to permit access to such information for any
purpose which is different than the purposes described in
subsection (a).
(c) Procedures.--The regulations required by subsection (a)
shall be proposed no later than 90 days after the date of the
enactment of this Act, after appropriate consultation with
the Director of the Federal Bureau of Investigation, the
officials charged with managing the National Crime
Information Center, and the National Crime Information Center
Advisory Policy Board. Final regulations shall be issued no
later than 180 days after the date of the enactment of this
Act.
SEC. . NONSERIOUS OFFENSE BAR.
The Attorney General shall amend existing regulations to
specify that the term ``nonserious offenses'', as used in 28
C.F.R. 20.32, does not include stalking or domestic violence
offenses. Nothing in this section is intended to change
current regulations requiring that juvenile offenses shall be
excluded from national crime information databases unless the
juvenile has been tried as an adult.
SEC. . PERFORMANCE GRANT PROGRAM.
(a) In General.--The Attorney General, through the Director
of the Bureau of Justice Assistance, is authorized to provide
performance grants to the States to improve processes for
entering data about stalking and domestic violence into
national crime information databases.
(b) Eligibility.--Eligible grantees under subsection (a)
are States that provide, in their application, that all
criminal justice agencies within their jurisdiction shall
enter into the National Crime Information Center all records
of (1) warrants for the arrest of persons violating civil
protection orders intended to protect victims from stalking
or domestic violence; (2) arrests of persons violating civil
protection orders intended to protect victims from stalking
or domestic violence; and (3) orders for the protection of
persons from violence, including stalking and domestic
violence.
(c) Performance-Based Distribution.--Eligible grantees
under subsection (a) shall be awarded 25 percent of their
grant moneys upon application approval as ``seed money'' to
cover start-up costs for the project funded by the grant.
Upon successful completion of the performance audit provided
in subsection (d), the grantees shall be awarded the
remaining sums in the grant.
(d) Performance Audit.--Within 6 months after the initial
25 percent of a grant is provided, the State shall report to
the Federal Bureau of Investigation and the Bureau of Justice
Assistance, the number of records included in national crime
information databases as a result of the grant funding,
including separate data for warrants, arrests, and protective
orders. If the State can show a substantial increase in the
number of records entered, then it shall be eligible for the
entire grant amount. However, the Director shall suspend
funding for an approved application if an applicant fails to
submit a 6 month performance report or if funds are expended
for purposes other than those set forth under this title.
Federal funds may be used to supplement, not supplant, State
funds.
(e) Grant Amount.--From amounts appropriated, the amount of
grants under subsection (a) shall be--
(1) $75,000 to each State; and
(2) That portion of the then remaining available money to
each State that results from a distribution among the States
on the basis of each State's population in relation to the
population of all States.
SEC. . APPLICATION REQUIREMENTS.
The application requirements provided in section 513 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3711 et seq.) shall apply to grants made under this title. In
addition, applications shall include documentation showing--
(1) the need for grant funds and that State funding does
not already cover these operations;
(2) intended use of the grant funds, including a plan of
action to increase record input; and
(3) an estimate of expected results from the use of the
grant funds.
SEC. . DISBURSEMENT.
(a) General Rule.--No later than 30 days after the receipt
of an application under this title, the Director shall either
disburse the appropriate sums provided for under this title
or shall inform the applicant why the application does not
conform to the terms of section 513 of the Omnibus Crime
Control and Safe Streets Act of 1968 or to the requirements
of section of this title.
(b) Regulations.--In disbursing moneys under this title,
the Director of the Bureau of Justice Assistance shall issue
regulations to ensure that grantees give priority to the
areas with the greatest showing of need.
SEC. . FEDERAL NONMONETARY ASSISTANCE.
In addition to the assistance provided under the
performance grant program, the Attorney General may direct
any Federal agency, with or without reimbursement, to use its
authorities and the resources granted to it under Federal law
(including personnel, equipment, supplies, facilities, and
managerial, technical, and advisory services) in support of
State and local law enforcement efforts to combat stalking
and domestic violence.
SEC. . AUTHORIZATION.
There are authorized to be appropriated for each of the
fiscal years 1994, 1995, and 1996, $2,000,000 to carry out
the purposes of the Performance Grant Program under this
title.
SEC. . TRAINING PROGRAMS FOR JUDGES.
The National Institute of Justice, in conjunction with a
nationally recognized nonprofit organization expert in
stalking and domestic violence cases, shall conduct train-
[[Page 661]]
ing programs for judges to ensure that any judge issuing an
order in stalking or domestic violence cases has all
available criminal history and other information, whether
from State or Federal sources.
SEC. . RECOMMENDATIONS ON INTRASTATE COMMUNICATION.
The National Institute of Justice, after consulting a
nationally recognized nonprofit associations expert in data
sharing among criminal justice agencies and familiar with the
issues raised in stalking and domestic violence cases, shall
recommend proposals about how State courts may increase
intrastate communication between family courts, juvenile
courts, and criminal courts.
SEC. . INCLUSION IN NATIONAL INCIDENT-BASED REPORTING
SYSTEM.
Not later than 2 years after the date of enactment of this
Act, the Attorney General, in coordination with the Federal
Bureau of Investigation and the States, shall compile data
regarding stalking civil protective orders and other forms of
domestic violence as part of the National Incident-Based
Reporting System (NIBRS).
SEC. . REPORT TO CONGRESS.
The Attorney General shall submit to the Congress an annual
report, beginning one year after the date of the enactment of
this Act, that reports information on the incidence of
stalking and other forms of domestic violence, and evaluates
the effectiveness of State anti-stalking efforts and
legislation.
SEC. . DEFINITIONS.
As used in this title--
(1) the term ``national crime information databases''
refers to the National Crime Information Center and its
incorporated criminal history databases, including III
(``Triple I'');
(2) the term ``stalking'' includes any conduct that would,
if proven, justify the issuance of an order of protection
under the stalking, or other, laws of the State in which it
occurred; and
(3) the term ``domestic violence'' includes any conduct
that would, if proven, justify the issuance of an order of
protection under the domestic violence, or other, laws of the
State in which it occurred.
At the end, add the following:
TITLE --PROTECTING THE PRIVACY OF INFORMATION IN STATE MOTOR VEHICLE
RECORDS
SEC. . SHORT TITLE.
This title may be cited as the ``Driver's Privacy
Protection Act of 1994''.
SEC. . PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL
INFORMATION FROM STATE MOTOR VEHICLE RECORDS.
Title 18, United States Code, is amended by inserting after
chapter 121 the following:
``CHAPTER 123--PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL
INFORMATION FROM STATE MOTOR VEHICLE RECORDS
``Sec. 2721. Prohibition on release and use of certain
personal information from State motor vehicle records
``(a) In General.--Except as provided in subsection (b), a
State department of motor vehicles, and any officer,
employee, or contractor thereof, shall not knowingly disclose
or otherwise make available to any person or entity personal
information about any individual obtained by the department
in connection with a motor vehicle record.
``(b) Permissible Uses.--Personal information referred to
in subsection (a) of this section shall be disclosed for
paragraphs (1) and (2) to carry out the purpose of the
Automobile Information Disclosure Act, the Motor Vehicle
Information and Cost Saving Act, the National Traffic and
Motor Vehicle Safety Act of 1966, the Anti-Car Theft Act of
1992, and the Clean Air Act, and may be disclosed for
paragraphs (3) through (14), as follows:
``(1) For use by any Federal, State, or local agency,
including any court or law enforcement agency, in carrying
out its functions, or any private person or entity acting on
behalf of a Federal, State, or local agency in carrying out
its functions.
``(2) For use in connection with matters of motor vehicle
or driver safety and theft, motor vehicle emissions, motor
vehicle product alteration, recall or advisory, and motor
vehicle customer satisfaction.
``(3) For use in the normal course of business by a
legitimate business or its agents, employees, or contractors,
but only--
``(A) to verify the accuracy of personal information
submitted by the individual to the business or its agents,
employees, or contractors; and
``(B) if such information as so submitted is not correct or
is no longer correct, to obtain the correct information, but
only for the purposes of preventing fraud by, pursuing legal
remedies against, or recovering on a debt or security
interest against, the individual.
``(4) For use in connection with any civil, criminal,
administrative, or arbitral proceeding in any Federal, State,
or local court or agency or before any self-regulatory body,
including the service of process, investigation in
anticipation of litigation, and the execution or enforcement
of judgments and orders, or pursuant to an order of a
Federal, State, or local court
``(5) For use in research activities, including survey
research, and for use in producing statistical reports,
provided that the personal information is not published or
redisclosed and provided that the personal information is not
used to direct solicitations or marketing offers at the
individuals whose personal information is disclosed under
this paragraph.
``(6) For use by any insurer or insurance support
organization, or by a self-insured entity, or its agents,
employees, or contractors, in connection with claims
investigation activities, antifraud activities, rating or
underwriting.
``(7) For the purpose of providing notice of the owners of
towed or impounded vehicles.
``(8) For use by any licensed private investigative agency
or licensed security service for any purpose permitted under
this subsection,
``(9) For use by an employer or its agent or insurer to
obtain or verify information relating to a holder of a
commercial driver's license that is required under the
Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. App.
2710 et seq.).
``(10) For use in connection with the operation of private
toll transportation facilities.
``(11) For any other purpose in response to requests for
individual motor vehicle records if the motor vehicle
department has provided in a clear and conspicuous manner to
the individual to whom the information pertains an
opportunity to prohibit such disclosures.
``(12) For bulk distribution for marketing or solicitations
if the motor vehicle department has implemented methods and
procedures to ensure--
``(A) that individuals are provided an opportunity, in a
clear and conspicuous manner, to prohibit such disclosure;
and
``(B) that the information will be used, rented, or sold
solely for bulk distribution for marketing and solicitations,
and that such solicitations will not be directed at those
individuals who have requested in a timely fashion that they
not be directed at them.
`Methods and procedures' includes the motor vehicle
department's use of a mail preference list to remove from its
records before bulk distribution the names and personal
information of those individuals who have requested that
solicitations not be directed at them.
``(13) For use by any requestor, if the requestor
demonstrates it has obtained the written consent of the
individual to whom the information pertains.
``(14) For any other purpose specifically authorized under
the law of the State that holds the record, if such purpose
is related to the operation of a motor vehicle or public
safety.
``(c) Resale or Redisclosure.--Any authorized recipient of
personal information may resell or redisclose the information
for any use permitted under subsection (b). Any authorized
recipient (except a recipient under subsections (b)(11) or
(12)) that resells or rediscloses personal information
covered by this title must keep for a period of 5 years
records identifying each person or entity that receives the
information and the permitted purpose for which the
information will be used.
``(d) Waiver Procedures.--A State motor vehicle department
may establish and carry out procedures under which the
department or its agents, upon receiving a request for
personal information that does not fall within one of the
exceptions in subsection (b), may mail a copy of the request
to the individual about whom the information was requested,
informing such individual of the request, together with a
statement to the effect that the information will not be
released unless the individual waives such individual's right
to privacy under this section.
Sec. 2722. Additional unlawful acts
``(a) Procurement for Unlawful Purpose.--It shall be
unlawful for any person knowingly to obtain or disclose
personal information, from a motor vehicle record, for any
purpose not permitted under section 2721(b) of this title.
``(b) False Representations.--It shall be unlawful for any
person to make false representation to obtain any personal
information from an individual's motor vehicle record.
Sec. 2723. Criminal penalty
``Any person that knowingly violates this chapter shall be
fined under this title.
Sec. 2724. Civil Action
``(a) Cause of Action.--A person who knowingly obtains,
discloses or uses personal information, derived from a motor
vehicle record, for a purpose not permitted under this
chapter shall be liable to the individual to whom the
information pertains, who may bring a civil action in a
United States district court.
``(b) Remedies.--The court may award--
``(1) actual damages, but not less than liquidated damages
in the amount of $2,500;
``(2) punitive damages upon proof of willful or reckless
disregard of the law;
``(3) reasonable attorneys' fees and other litigation costs
reasonably incurred; and
``(4) such other preliminary and equitable relief as the
court determines to be appropriate.
Sec. 2725. Definitions
``As used in this chapter--
``(1) ``motor vehicle record'' means any record that
pertains to a motor vehicle operator's permit, motor vehicle
title, motor vehicle registration, or identification card
issued by a department of motor vehicles;
``(2) ``personal information'' means information that
identifies an individual, including an individual's
photograph, social security number, driver identification
number, name, address (by not the 5-digit zip code),
telephone number, and medical or disability information. Such
term does not include in-
[[Page 662]]
formation on vehicular accidents, driving violations, and
driver's status; and
``(3) ``person'' means an individual, organization or
entity, but does not include a State or agency thereof.''.
SEC. . EFFECTIVE DATE.
This title shall take effect 3 years after the date of
enactment. in the interim, personal information covered by
this title may be released consistent with State law or
practice.
At the end of the bill insert the following:
TITLE --CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS ACT
SEC. . EXHAUSTION REQUIREMENT.
Section 8 of the Civil Rights of Institutionalized Persons
Act (42 U.S.C. 1997e) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``in any action brought'' and inserting
``no action shall be brought'';
(ii) by striking ``the court shall'' and all that follows
through ``require exhaustion of'' and insert ``until''; and
(iii) by inserting ``are exhausted'' after ``available'';
and
(B) in paragraph (2), by inserting ``or are otherwise fair
and effective'' before the period at the end.
SEC. . FRIVOLOUS ACTIONS.
Section 8(a) of the Civil Rights of Institutionalized
Persons Act (42 U.S.C. 1997e(a)) is amended by adding at the
end the following:
``(3) The court shall on its own motion or on motion of a
party dismiss any action brought pursuant to section 1979 of
the Revised Statutes of the United States by an adult
convicted of a crime and confined in any jail, prison, or
other correctional facility if the court is satisfied that
the action fails to state a claim upon which relief can be
granted or is frivolous or malicious.
SEC. . MODIFICATION OF REQUIRED MINIMUM STANDARDS.
Section 8(b)(2) of the Civil Rights of Institutionalized
Persons Act (42 U.S.C. 1997e(b)(2)) is amended by striking
subparagraph (A) and redesignating subparagraphs (B) through
(E) as subparagraphs (A) through (D), respectively.
SEC. . REVIEW AND CERTIFICATION PROCEDURE CHANGES.
Section 8(c) of the Civil Rights of Institutionalized
Persons Act (42 U.S.C. 1997e(c) is amended--
(1) in paragraph (1), by inserting ``or are otherwise fair
and effective'' before the period at the end; and
(2) in paragraph (2), by inserting ``or is no longer fair
and effective'' before the period at the end.
SEC. . PROCEEDINGS IN FORMA PAUPERIS.
(a) Dismissal.--Section 1915(d) of title 28, United States
Code, is amended--
(1) by inserting ``at any time'' after ``counsel and may'';
and
(2) by striking ``and may'' and inserting ``and shall'';
(3) by inserting ``fails to state a claim upon which relief
may be granted or'' after ``that the action''; and
(4) by inserting ``even if partial failing fees have been
imposed by the court'' before the period.
(b) Prisoner's Statement of Assets.--Section 1915 of title
28, United States Code, is amended by adding at the end the
following:
``(f) If a prisoner in a correctional institution files an
affidavit in accordance with subsection (a) of this section,
such prisoner shall include in that affidavit a statement of
all assets such prisoner possesses. The court shall make
inquiry of the correctional institution in which the prisoner
is incarcerated for information available to that institution
relating to the extent of the prisoner's assets. The court
shall require full or partial payment of filing fees
according to the prisoner's ability to pay.''.
At the end of the bill insert the following:
TITLE --PRISON OVERCROWDING
SEC. . APPROPRIATE REMEDIES FOR PRISON OVERCROWDING.
(a) Amendment of Title 18, United States Code.--Subchapter
C of chapter 229 of part 2 of title 18, United States Code,
is amended by adding at the end the following.
``Sec. 3626. Appropriate remedies with respect to prison
crowding
``(a) Requirement of Showing With Respect To the Plaintiff
in Particular.--
``(1) Holding.--A Federal court shall not hold prison or
jail crowding unconstitutional under the eighth amendment
except to the extent that an individual plaintiff inmate
proves that the crowding causes the infliction of cruel and
unusual punishment of that inmate.
``(2) Relief.--The relief in a case described in paragraph
(1) shall extend no further than necessary to remove the
conditions that are causing the cruel and unusual punishment
of the plaintiff inmate.
``(b) Inmate Population Ceilings.--
``(1) Requirement of showing with respect to particular
prisoners.--A Federal court shall not place a ceiling on the
inmate population of any Federal, State, or local detention
facility as an equitable remedial measure for conditions that
violate the eighth amendment unless crowding is inflicting
cruel and usual punishment on particular identified
prisoners.
``(2) Rule of construction.--Paragraph (1) of this
subsection shall not be construed to have any effect on
Federal judicial power to issue equitable relief other than
that described in paragraph (1) of this subsection, including
the requirement of improved medical or health care and the
imposition of civil contempt fines or damages, where such
relief is appropriate.
``(c) Periodic Reopening.--Each Federal court order or
consent decree seeking to remedy an eighth amendment
violation shall be reopened at the behest of a defendant for
recommended modification at a minimum of 2-year intervals.''.
(b) Application of Amendment.--Section 3626 of title 18,
United States Code, as added by paragraph (1), shall apply to
all outstanding court orders on the date of enactment of this
Act. Any State or municipality shall be entitled to seek
modification of any outstanding eighth amendment decree
pursuant to that section.
(c) Clerical Amendment.--The table of sections at the
beginning of subchapter C of chapter 229 of title 18, United
States Code, is ameneded by adding at the end the following
new item:
``3626. Appropriate remedies with respect to prison crowding.''.
(d) Sunset Provision.--This section and the amendments made
by this section are repealed effective as of the date that is
5 years after the date of enactment of this Act.
Add at the end the following:
TITLE --PRISON SECURITY ENHANCEMENT
SEC. . PRISON SECURITY.
(a) In General.--Chapter 303 of title 18, United States
Code, is amended by adding at the end the following new
section:
``Sec. 4047. Strength-training of prisoners prohibited
``The Bureau of Prisons shall take care that--
``(1) prisoners under its jurisdiction do not engage in any
activities designed to increase their physical strength or
their fighting ability; and
``(2) that all equipment designed for this purpose be
removed from Federal correctional facilities.''
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 303 of title 18, United States Code, is
amended by adding at the end the following new item:
``4047. Strength-training of prisoners prohibited.''.
It was decided in the
Yeas
402
<3-line {>
affirmative
Nays
22
Para. 36.10 [Roll No. 130]
AYES--402
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Faleomavaega (AS)
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Flake
Ford (MI)
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDermott
McHale
McHugh
McInnis
McKeon
McMillan
Meehan
Menendez
Meyers
Mfume
Mica
Michel
[[Page 663]]
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Young (AK)
Young (FL)
Zimmer
NOES--22
Blackwell
Clay
Clayton
Collins (IL)
Collins (MI)
Conyers
Dellums
Foglietta
Frank (MA)
Hastings
Hilliard
Kopetski
McKinney
Meek
Owens
Payne (NJ)
Sabo
Stokes
Thompson
Watt
Yates
Zeliff
NOT VOTING--13
Bacchus (FL)
de Lugo (VI)
Fish
Gallo
Grandy
Houghton
Laughlin
McDade
McNulty
Payne (VA)
Ridge
Rush
Washington
So the amendments en bloc were agreed to.
After some further time,
Para. 36.11 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. McCOLLUM:
TITLE IX--EQUAL JUSTICE ACT
SEC. 901. SHORT TITLE.
This Act may be cited as the ``Equal Justice Act''.
SEC. 902. PROHIBITION OF RACIALLY DISCRIMINATORY POLICIES
CONCERNING CAPITAL PUNISHMENT OR OTHER
PENALTIES.
(a) General Rule.--The penalty of death and all other
penalties shall be administered by the United States and by
every State without regard to the race or color of the
defendant or victim. Neither the United States nor any State
shall prescribe any racial quota or statistical test for the
imposition or execution of the death penalty or any other
penalty.
(b) Definitions.--For purposes of this Act--
(1) the action of the United States or of a State includes
the action of any legislative, judicial, executive,
administrative, or other agency or instrumentality of the
United States or a State, or of any political subdivision of
the United States or a State;
(2) the term ``State'' has the meaning given in section 541
of title 18, United States Code; and
(3) the term ``racial quota or statistical test'' includes
any law, rule, presumption, goal, standard for establishing a
prima facie case, or mandatory or permissive inference that--
(A) requires or authorizes the imposition or execution of
the death penalty or another penalty so as to achieve a
specified racial proportion relating to offenders, convicts,
defendants, arrestees, or victims; or
(B) requires or authorizes the invalidation of, or bars the
execution of, sentences of death or other penalties based on
the failure of a jurisdiction to achieve a specified racial
proportion relating to offenders, convicts, defendants,
arrestees, or victims in the imposition or execution of such
sentences or penalties.
SEC. 903. GENERAL SAFEGUARDS AGAINST RACIAL PREJUDICE OR BIAS
IN THE TRIBUNAL.
In a criminal trial in a court of the United States, or of
any State--
(1) on motion of the defense attorney or prosecutor, the
risk of racial prejudice or bias shall be examined on voir
dire if there is a substantial likelihood in the
circumstances of the case that such prejudice or bias will
affect the jury either against or in favor of the defendant;
(2) on motion of the defense attorney or prosecutor, change
of venue shall be granted if an impartial jury cannot be
obtained in the original venue because of racial prejudice or
bias; and
(3) neither the prosecutor nor the defense attorney shall
make any appeal to racial prejudice or bias in statements
before the jury.
SEC. 904. FEDERAL CAPITAL CASES.
(a) Jury Instructions and Certification.--In a prosecution
for an offense against the United States in which a sentence
of death is sought, and in which the capital sentencing
determination is to be made by a jury, the judge shall
instruct the jury that it is not to be influenced by
prejudice or bias relating to the race or color of the
defendant or victim in considering whether a sentence of
death is justified, and that the jury is not to recommend the
imposition of a sentence of death unless it has concluded
that it would recommend the same sentence for such a crime
regardless of the race or color of the defendant or victim.
Upon the return of a recommendation of a sentence of death,
the jury shall also return a certificate, signed by each
juror, that the juror's individual decision was not affected
by prejudice or bias relating to the race or color of the
defendant or victim, and that the individual juror would have
made the same recommendation regardless of the race or color
of the defendant or victim.
(b) Racially Motivated Killings.--In a prosecution for an
offense against the United States for which a sentence of
death is authorized, the fact that the killing of the victim
was motivated by racial prejudice or bias shall be deemed an
aggravating factor whose existence permits consideration of
the death penalty, in addition to any other aggravating
factors that may be specified by law as permitting
consideration of the death penalty.
(c) Killings in Violation of Civil Rights Statutes.--
Sections 241, 242, and 245(b) of title 18, United States
Code, are each amended by striking ``shall be subject to
imprisonment for any term of years or for life'' and
inserting ``shall be punished by death or imprisonment for
any term of years or for life''.
SEC. 905. EXTENSION OF PROTECTION OF CIVIL RIGHTS STATUTES.
(a) Section 241 Amendments.--Section 241 of title 18,
United States Code, is amended by striking ``inhabitant of''
and inserting ``person in''.
(b) Section 242 Amendment.--Section 242 of title 18, United
States Code, is amended by striking ``inhabitant of'' and
inserting in lieu thereof ``person in'', and by striking
``such inhabitant'' and inserting ``such person''.
It was decided in the
Yeas
212
<3-line {>
negative
Nays
217
Para. 36.12 [Roll No. 131]
AYES--212
Allard
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehner
Bonilla
Borski
Brewster
Browder
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clement
Clinger
Coble
Collins (GA)
Combest
Condit
Cox
Cramer
Crane
Crapo
Cunningham
Darden
Deal
DeLay
Deutsch
Diaz-Balart
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Holden
Horn
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Kanjorski
Kasich
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
Kyl
Lancaster
Laughlin
Lazio
Leach
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Machtley
Manzullo
Margolies-Mezvinsky
Mazzoli
McCandless
McCollum
McCrery
McCurdy
McHale
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Montgomery
Moorhead
Moran
Murphy
Myers
Nussle
Orton
Oxley
Packard
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Pryce (OH)
Quillen
Ramstad
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Weldon
Wolf
Young (FL)
Zeliff
Zimmer
[[Page 664]]
NOES--217
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bishop
Blackwell
Boehlert
Bonior
Boucher
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Cooper
Coppersmith
Costello
Coyne
Danner
de la Garza
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Dicks
Dingell
Dixon
Durbin
Edwards (CA)
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Foley
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson, E. B.
Johnston
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Kopetski
Kreidler
LaFalce
Lambert
Lantos
LaRocco
Levin
Lewis (GA)
Long
Lowey
Maloney
Mann
Manton
Markey
Martinez
Matsui
McCloskey
McDermott
McKinney
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Morella
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Parker
Pastor
Payne (NJ)
Pelosi
Penny
Pickle
Pomeroy
Poshard
Price (NC)
Quinn
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Romero-Barcelo (PR)
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Skaggs
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Walsh
Washington
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--9
Bacchus (FL)
Fish
Gallo
Grandy
Houghton
McDade
McNulty
Ridge
Young (AK)
So the amendment was not agreed to.
After some further time,
Para. 36.13 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the preferential motion submitted by Mr. McCOLLUM that the
Committee do now rise and report the bill back to the House with the
recommendation that the enacting clause be stricken out.
It was decided in the
Yeas
179
<3-line {>
negative
Nays
250
Para. 36.14 [Roll No. 132]
AYES--179
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Machtley
Manzullo
McCandless
McCollum
McCrery
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Moorhead
Morella
Murphy
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Stupak
Sundquist
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Traficant
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--250
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Baesler
Barca
Barcia
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Reed
Reynolds
Richardson
Roemer
Romero-Barcelo (PR)
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Swett
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Tucker
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Washington
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--8
Bacchus (FL)
Barlow
Fish
Gallo
Grandy
McDade
McNulty
Rangel
So the preferential motion was not agreed to.
After some further time,
Para. 36.15 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. SMITH of New
Jersey:
At the end of the bill, insert the following:
TITLE --SENSE OF CONGRESS
SEC. . CHILD PORNOGRAPHY.
(a) Findings.--Congress finds that--
(1) child pornography is the permanent record of the sexual
abuse or exploitation of children;
(2) children who are victims of child pornography often
suffer severe physical and emotional harm;
(3) child pornography is a serious national problem;
(4) the Congress of the United States has a compelling
interest in the protection of children from sexual abuse and
exploitation by pornography (see New York v. Ferber, 458 U.S.
747 (1982));
(5) the Congress of the United States, in pursuit of this
compelling interest, has taken every opportunity to
strengthen child pornography laws and has, in clear and
unambiguous language, criminalized the production, interstate
distribution, receipt and possession of child pornography;
(6) the United States Department of Justice in its brief to
the United States Su-
[[Page 665]]
preme Court in the case of Knox v. United States, 92-1183,
has failed to support the conviction of a child pornographer
won by the Department in the United States District Court for
the Middle District of Pennsylvania and affirmed on appeal in
the United States Court of Appeals for the Third Circuit;
(7) the Department of Justice has used its brief in the
Knox case as a vehicle for reinterpretation of the Federal
child pornography laws in contravention to legislative
history and past prosecution practices of the Department of
Justice;
(8) the Department of Justice by declaring in its brief in
the Knox case that a pornographer who lasciviously exhibits
the genitals of children is prosecutable within the Federal
child pornography laws only if the depictions show a minor
engaged in the conduct of lasciviously exhibiting his or her
genitals or pubic area, creates a federally protected class
of child pornography, e.g. child pornography involving
children who are not knowingly engaged in lasciviously
exhibiting their genitals or pubic areas but whose genitals
or pubic areas are nonetheless lasciviously depicted by
others;
(9) the Department of Justice by declaring in its brief in
the Knox case in contravention to legislative history, that a
pornographer who lasciviously exhibits the genital or pubic
area of children is prosecutable within the Federal child
pornography laws only if the genitals are nude or visible
creates a federally protected class of child pornography,
e.g. depictions which focus on a minor child's clothed
genital or pubic area with the obvious intent of eliciting a
sexual response in pedophiles;
(10) the plain meaning and congressional intent of the
language in section 2256 of title 18, United States Code, is
that the term ``lascivious exhibition'' refers to whether the
depiction is intended to elicit a sexual response from the
viewer, and not to the actions of the child;
(11) the Department of Justice has employed this meaning of
the term ``lascivious exhibition'' since it was included in
the laws in 1984, and Congress has not changed the meaning of
the term;
(12) Congress specifically repudiated a ``nudity''
requirement for child pornography statutes (see United States
v. Knox, 977 F. 2d 815, at 820-823, (3rd Cir., 1992));
(13) the ``harm Congress attempted to eradicate by enacting
child pornography laws is present when a photographer
unnaturally focuses on a minor child's clothed genital area
with the obvious intent to produce an image sexually arousing
to pedophiles.'' (see Knox at 822); and
(14) the Congress of the United States believes that the
reinterpretation of the Federal child pornography laws by
Department of Justice, unless reversed, will bring back
commercial child pornography and lead to a substantial
increase of sexual exploitation of children.
(b) Sense of Congress.--It is the sense of the House of
Representatives that the Department of Justice repudiate its
reinterpretation of Federal child pornography laws, defend
the conviction won in lower courts in the Knox case, and
vigorously prosecute sexual exploitation of children.
It was decided in the
Yeas
425
<3-line {>
affirmative
Nays
3
Para. 36.16 [Roll No. 133]
AYES--425
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Faleomavaega (AS)
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--3
Edwards (CA)
Nadler
Washington
NOT VOTING--9
Bacchus (FL)
Carr
Collins (IL)
Fish
Gallo
Grandy
McDade
McNulty
Underwood (GU)
So the amendment was agreed to.
After some further time,
Para. 36.17 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. HUNTER:
At the end thereof insert the following new section:
SEC. BORDER PATROL AGENTS.
In addition to such amounts as are otherwise authorized to
be appropriated, there is authorized to be appropriated for
each of the fiscal years 1995, 1996, 1997, 1998, and 1999 for
salaries and expenses of the Border Patrol such amounts as
may be necessary to provide for an increase in the number of
agents of the Border Patrol by 6,000 full-time equivalent
agent positions (and necessary support personnel positions)
beyond the number of such positions authorized for the Border
Patrol as of October 1, 1993.
It was decided in the
Yeas
417
<3-line {>
affirmative
Nays
12
Para. 36.18 [Roll No. 134]
AYES--417
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
[[Page 666]]
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Faleomavaega (AS)
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kildee
Kim
King
Kingston
Kleczka
Klein
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Oberstar
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Waxman
Weldon
Wheat
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--12
Collins (MI)
Frank (MA)
Gonzalez
Hilliard
Klink
Obey
Penny
Peterson (MN)
Sabo
Swift
Synar
Watt
NOT VOTING--8
Fish
Gallo
Grandy
Kennelly
McDade
McNulty
Washington
Whitten
So the amendment was agreed to.
After some further time,
Para. 36.19 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. TRAFICANT:
Add at the end the following new title:
TITLE --LABELS ON PRODUCTS
SEC. . PLACEMENT OF MADE IN AMERICA LABELS ON PRODUCTS.
(a) Requirements for Use of Labels.--No product may bear a
label which states or suggests that the product was made in
America unless--
(1) the product has been registered with the Department of
Commerce under subsection (b); and
(2) the Secretary of Commerce has determined that--
(A) 60 percent of the product was manufactured in the
United States; and
(B) final assembly of the product took place in the United
States.
(b) Registry of American-Made Products.--Not later than 12
months after the Secretary has promulgated regulations
regarding the registration of products with the Department of
Commerce under this section, a person shall register with the
Department of Commerce any product on which there is or will
be affixed a label which states or suggests that the product
was made in America.
(c) Penalties for Fraudulent Use of Labels.--
(1) Civil fine.--Any person who, with an intent to defraud
or mislead, places on a product a label which states or
suggests that the product was ``made in America'' in
violation of this section may be assessed a civil penalty by
the Secretary of not more than $100,000. The Secretary may
issue an order assessing such civil penalty only after notice
and an opportunity for an agency hearing on the record. The
validity of such order may not be reviewed in an action to
collect such civil penalty.
(2) Injunctive relief.--The Secretary may bring an action
to enjoin the violation of, or to compel compliance with,
this section, whenever the Secretary believes that such a
violation has occurred or is about to occur.
(d) Regulations.--Not later than 12 months after the date
of the enactment of this Act, the Secretary shall promulgate
regulations establishing procedures under which a person
shall register a product under this section.
(e) Definitions.--For purposes of this section:
(1) Label.--The term ``label'' means any written, printed,
or graphic matter on, or attached to, a product or any of its
containers or wrappers.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
It was decided in the
Yeas
310
<3-line {>
affirmative
Nays
116
Para. 36.20 [Roll No. 135]
AYES--310
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Bachus (AL)
Baker (CA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Bateman
Bentley
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Browder
Brown (OH)
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Carr
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Collins (GA)
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Costello
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Derrick
Deutsch
Diaz-Balart
Dickey
Dingell
Dixon
Dooley
Doolittle
Dornan
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
Engel
Eshoo
Evans
Everett
Ewing
Faleomavaega (AS)
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gekas
Gephardt
Geren
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Gordon
Grams
Green
Greenwood
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
Klein
Klink
Klug
Kreidler
Lambert
Lancaster
Lantos
Laughlin
Lazio
Leach
Levin
Levy
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Mazzoli
McCloskey
McCollum
McHale
McHugh
McInnis
McKinney
McMillan
Meehan
Menendez
Meyers
Mfume
Mica
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Neal (MA)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Packard
Pallone
Parker
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Portman
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Regula
Richardson
Ridge
Roemer
Rogers
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Roth
Roukema
Rowland
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
[[Page 667]]
Schaefer
Schenk
Schiff
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skeen
Skelton
Slattery
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torricelli
Traficant
Tucker
Underwood (GU)
Upton
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Weldon
Wheat
Wilson
Wise
Wolf
Woolsey
Young (AK)
Young (FL)
NOES--116
Abercrombie
Archer
Armey
Baesler
Baker (LA)
Barton
Becerra
Beilenson
Bereuter
Berman
Brooks
Brown (CA)
Brown (FL)
Cantwell
Cardin
Castle
Chapman
Coleman
Combest
Coppersmith
Cox
DeLay
Dellums
Dicks
Dreier
Durbin
Edwards (CA)
English
Frank (MA)
Gejdenson
Gibbons
Gilchrest
Glickman
Gonzalez
Goss
Gunderson
Hamburg
Harman
Hastings
Hoekstra
Hughes
Jefferson
Johnson (GA)
Johnson, Sam
Johnston
Kanjorski
King
Kingston
Kleczka
Knollenberg
Kolbe
Kopetski
Kyl
LaFalce
LaRocco
Lehman
Lewis (CA)
Lewis (FL)
Lowey
Manzullo
Matsui
McCandless
McCrery
McCurdy
McDermott
McKeon
Meek
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Nadler
Oxley
Pastor
Paxon
Penny
Pickle
Porter
Poshard
Reed
Reynolds
Roberts
Rohrabacher
Rostenkowski
Roybal-Allard
Royce
Rush
Sabo
Schroeder
Schumer
Sensenbrenner
Skaggs
Slaughter
Smith (IA)
Smith (MI)
Stark
Stump
Swift
Synar
Thomas (CA)
Thomas (WY)
Torres
Towns
Unsoeld
Valentine
Vucanovich
Walker
Watt
Waxman
Wyden
Wynn
Yates
Zeliff
Zimmer
NOT VOTING--11
Bryant
Fish
Gallo
Grandy
Martinez
McDade
McNulty
Neal (NC)
Washington
Whitten
Williams
So the amendment was agreed to.
After some further time,
Para. 36.21 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. GORDON:
At the appropriate place in the bill add the following:
SECTION . AWARDS OF PELL GRANTS TO PRISONERS PROHIBITED.
Section 401(b)(8) the Higher Education Act of 1965 (20
U.S.C. 1070a(b)(8)) is amended to read as follows:
``(8) No basic grant shall be awarded under this subpart to
any individual who is incarcerated in any Federal or State
penal institution.''.
SEC. . EFFECTIVE DATE.
The amendment made by this Act shall apply with respect to
periods of enrollment beginning on or after the date of
enactment of this Act.
It was decided in the
Yeas
312
<3-line {>
affirmative
Nays
116
Para. 36.22 [Roll No. 136]
AYES--312
Ackerman
Allard
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Borski
Boucher
Brewster
Browder
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Carr
Castle
Chapman
Clement
Clinger
Coble
Coleman
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Cramer
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
English
Eshoo
Everett
Ewing
Faleomavaega (AS)
Fawell
Fazio
Fields (TX)
Fingerhut
Fowler
Franks (CT)
Franks (NJ)
Frost
Gallegly
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Gordon
Goss
Grams
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hoagland
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Hoyer
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kennelly
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Manton
Manzullo
Margolies-Mezvinsky
Mazzoli
McCandless
McCollum
McCrery
McCurdy
McHale
McHugh
McInnis
McKeon
McMillan
Meehan
Menendez
Meyers
Mica
Michel
Miller (FL)
Minge
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Morella
Murphy
Murtha
Myers
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce (OH)
Quinn
Rahall
Ramstad
Ravenel
Regula
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Royce
Sangmeister
Santorum
Sarpalius
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Sensenbrenner
Shaw
Shays
Shepherd
Shuster
Sisisky
Skeen
Skelton
Slattery
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stump
Stupak
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thornton
Thurman
Torkildsen
Torricelli
Traficant
Upton
Valentine
Visclosky
Volkmer
Vucanovich
Walker
Weldon
Williams
Wise
Wolf
Wyden
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--116
Abercrombie
Andrews (ME)
Becerra
Beilenson
Berman
Blackwell
Bonior
Brooks
Brown (CA)
Brown (FL)
Cardin
Clay
Clayton
Clyburn
Collins (IL)
Collins (MI)
Conyers
Coyne
de Lugo (VI)
Dellums
Derrick
Dixon
Edwards (CA)
Engel
Evans
Farr
Fields (LA)
Filner
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Furse
Gejdenson
Gephardt
Gonzalez
Goodling
Green
Greenwood
Hall (OH)
Hamburg
Hastings
Hilliard
Hinchey
Hobson
Houghton
Hughes
Jacobs
Jefferson
Johnson, E. B.
Johnston
Kennedy
Kildee
Kopetski
Levin
Lewis (GA)
Mann
Markey
Martinez
Matsui
McCloskey
McDermott
McKinney
Meek
Mfume
Miller (CA)
Mineta
Mink
Moran
Nadler
Norton (DC)
Olver
Owens
Payne (NJ)
Pelosi
Pickle
Price (NC)
Quillen
Rangel
Reed
Reynolds
Romero-Barcelo (PR)
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Scott
Serrano
Sharp
Skaggs
Slaughter
Stark
Stokes
Strickland
Studds
Swift
Synar
Thompson
Torres
Towns
Tucker
Underwood (GU)
Unsoeld
Velazquez
Vento
Walsh
Washington
Watt
Waxman
Wheat
Wilson
Woolsey
Wynn
Yates
NOT VOTING--9
Crane
Fish
Gallo
Grandy
Gutierrez
McDade
McNulty
Waters
Whitten
So the amendment was agreed to.
Para. 36.23 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. WYNN:
At the appropriate place in the bill add the following:
SEC. . PELL GRANTS AND PRISONERS.
(A) General Rule.--After January 1, 1996, Federal and State
prison inmates shall not be eligible for grants under subpart
1 of part A of title IV of the Higher Education Act of 1965
(referred to in this section as ``Pell grants'') unless--
(1) in the case of inmates of Federal prisons, including
prisons for the District of Columbia and territories of the
United States, the Secretary of Education makes the
certification prescribed by subsection (b), and
(2) in the case of inmates of State prisons, the Governor
of the State in which the prison is located makes the
certification prescribed by subsection (b).
(b) Certification.--The certification required by
subsection (a) to receive a Pell grant is a certification
that the provision of Pell grants to prisoners--
(1) shows satisfactory evidence of reducing recidivism,
(2) is cost effective, and
(3) requires that the inmates make satisfactory academic
progress toward completion of the education program for which
the grant was made.
[[Page 668]]
It was decided in the
Yeas
162
<3-line {>
negative
Nays
263
Para. 36.24 [Roll No. 137]
AYES--162
Abercrombie
Andrews (ME)
Becerra
Beilenson
Berman
Bishop
Blackwell
Boehlert
Bonior
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Cardin
Castle
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Coyne
de la Garza
de Lugo (VI)
Deal
Dellums
Derrick
Dixon
Edwards (CA)
Edwards (TX)
Engel
English
Evans
Faleomavaega (AS)
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gilman
Gonzalez
Goodling
Green
Greenwood
Gutierrez
Hall (OH)
Hamburg
Hastings
Hilliard
Hinchey
Hobson
Horn
Houghton
Hoyer
Hughes
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kennedy
Kennelly
Kildee
Kingston
Kopetski
Kreidler
LaFalce
Leach
Levin
Lewis (GA)
Lowey
Maloney
Mann
Markey
Martinez
Matsui
McDermott
McKinney
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Mollohan
Montgomery
Moran
Nadler
Norton (DC)
Oberstar
Olver
Owens
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Pickle
Pomeroy
Price (NC)
Quillen
Rahall
Rangel
Reed
Regula
Reynolds
Romero-Barcelo (PR)
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Skaggs
Slattery
Slaughter
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Swett
Swift
Synar
Tanner
Thompson
Towns
Tucker
Underwood (GU)
Unsoeld
Velazquez
Vento
Vucanovich
Walsh
Washington
Watt
Waxman
Wheat
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
NOES--263
Ackerman
Allard
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehner
Bonilla
Borski
Boucher
Brewster
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Carr
Chapman
Clement
Clinger
Coble
Collins (GA)
Combest
Cooper
Coppersmith
Costello
Cox
Cramer
Crapo
Cunningham
Danner
Darden
DeFazio
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Ehlers
Emerson
Eshoo
Everett
Ewing
Farr
Fawell
Fields (TX)
Fingerhut
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gingrich
Glickman
Goodlatte
Gordon
Goss
Grams
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hoagland
Hochbrueckner
Hoekstra
Hoke
Holden
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Johnson (CT)
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kim
King
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kyl
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Machtley
Manton
Manzullo
Margolies-Mezvinsky
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McHale
McInnis
McKeon
McMillan
Meehan
Meyers
Mica
Michel
Miller (FL)
Minge
Moakley
Molinari
Moorhead
Morella
Murphy
Murtha
Myers
Neal (MA)
Neal (NC)
Nussle
Obey
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Paxon
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pombo
Porter
Portman
Poshard
Pryce (OH)
Quinn
Ramstad
Ravenel
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rostenkowski
Roth
Roukema
Rowland
Royce
Sangmeister
Santorum
Sarpalius
Saxton
Schaefer
Schenk
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Stupak
Sundquist
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thornton
Thurman
Torkildsen
Torricelli
Traficant
Upton
Valentine
Visclosky
Volkmer
Walker
Weldon
Wyden
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--12
Brown (CA)
Crane
Fish
Gallo
Grandy
McDade
McHugh
McNulty
Petri
Torres
Waters
Whitten
So the amendment was not agreed to.
After some further time,
Para. 36.25 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. McCURDY:
At the end of the bill, add the following new title:
TITLE ____POLICE CORPS AND LAW ENFORCEMENT SCHOLARSHIP ACT
SEC. ____. PURPOSES.
The purposes of this title are to--
(1) address violent crime by increasing the number of
police with advanced education and training on community
patrol; and
(2) provide educational assistance to law enforcement
personnel and to students who possess a sincere interest in
public service in the form of law enforcement.
SEC. ____. DEFINITIONS.
For purposes of this title--
(1) the term ``academic year'' means a traditional academic
year beginning in August or September and ending in the
following May or June;
(2) the term ``dependent child'' means a natural or adopted
child or stepchild of a law enforcement officer who at the
time of the officer's death--
(A) was no more than 21 years old; or
(B) if older than 21 years, was in fact dependent on the
child's parents for at least one-half of the child's support
(excluding educational expenses), as determined by the
Director;
(3) the term ``Director'' means the Director of the Office
of the Police Corps and Law Enforcement Education appointed
under section ____.
(4) the term ``educational expenses'' means expenses that
are directly attributable to--
(A) a course of education leading to the award of the
baccalaureate degree in legal- or criminal justice-related
studies; or
(B) a course of graduate study legal or criminal justice
studies following award of a baccalaureate degree,
including the cost of tuition, fees, books, supplies,
transportation, room and board and miscellaneous expenses.
(5) the term ``institution of higher education'' has the
meaning stated in the first sentence of section 1201(a) of
the Higher Education Act of 1965 (20 U.S.C. 1141(a));
(6) the term ``participant'' means a participant in the
Police Corps program selected pursuant to section ____;
(7) the term ``State'' means a State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands; and
(8) the term ``State Police Corps program'' means a State
police corps program that meets the requirements of section
____.
Subtitle A--Police Corps
SEC. ____. ESTABLISHMENT OF OFFICE OF THE POLICE CORPS AND
LAW ENFORCEMENT EDUCATION.
(a) Establishment.--There is established in the Department
of Justice, under the general authority of the Attorney
General, an Office of the Police Corps and Law Enforcement
Education.
(b) Appointment of Director.--The Office of the Police
Corps and Law Enforcement Education shall be headed by a
Director who shall be appointed by the President, by and with
the advice and consent of the Senate.
(c) Responsibilities of Director.--The Director shall be
responsible for the administration of the Police Corps
program established by this subtitle and shall have authority
to promulgate regulations to implement this subtitle.
SEC. ____. DESIGNATION OF LEAD AGENCY AND SUBMISSION OF STATE
PLAN.
(a) Lead Agency.--A State that desires to participate in
the Police Corps program under this subtitle shall designate
a lead agency that will be responsible for--
(1) submitting to the Director a State plan described in
subsection (b); and
(2) administering the program in the State.
(b) State Plans.--A State plan shall--
(1) contain assurances that the lead agency shall work in
cooperation with the local law enforcement liaisons,
representatives of police labor organizations and police
management organizations, and other appropriate State and
local agencies to develop and implement interagency
agreements designed to carry out the program;
(2) contain assurances that the State shall advertise the
assistance available under this subtitle;
(3) contain assurances that the State shall screen and
select law enforcement personnel for participation in the
program; and
(4) meet the requirements of section ____.
SEC. ____. SCHOLARSHIP ASSISTANCE.
(a) Scholarships Authorized.--(1) The Director may award
scholarships to participants who agree to work in a State or
local police force in accordance with agreements entered into
pursuant to subsection (d).
(2)(A) Except as provided in subparagraph (B), each
scholarship payment made under this section for each academic
year shall not exceed--
(i) $7,500; or
[[Page 669]]
(ii) the cost of the educational expenses related to
attending an institution of higher education.
(B) In the case of a participant who is pursuing a course
of educational study during substantially an entire calendar
year, the amount of scholarship payments made during such
year shall not exceed $10,000.
(C) The total amount of scholarship assistance received by
any one participant under this section shall not exceed
$30,000.
(3) Participants who receive scholarship assistance under
this section shall continue to receive such scholarship
payments only during such periods as the Director finds that
the recipient is maintaining satisfactory progress as
determined by the institution of higher education the
recipient is attending.
(4)(A) The Director shall make scholarship payments under
this section directly to the institution of higher education
that the student is attending.
(B) Each institution of higher education receiving a
payment on behalf of a participant pursuant to subparagraph
(A) shall remit to such student any funds in excess of the
costs of tuition, fees, and room and board payable to the
institution.
(b) Reimbursement Authorized.--(1) The Director may make
payments to a participant to reimburse such participant for
the costs of educational expenses if the student agrees to
work in a State or local police force in accordance with the
agreement entered into pursuant to subsection (d).
(2)(A) Each payment made pursuant to paragraph (1) for each
academic year of study shall not exceed--
(i) $7,500; or
(ii) the cost of educational expenses related to attending
an institution of higher education.
(B) In the case of a participant who is pursuing a course
of educational study during substantially an entire calendar
year, the amount of scholarship payments made during such
year shall not exceed $10,000.
(C) The total amount of payments made pursuant to
subparagraph (A) to any 1 student shall not exceed $30,000.
(c) Use of Scholarship.--Scholarships awarded under this
subsection shall only be used to attend a 4-year institution
of higher education, except that--
(1) scholarships may be used for graduate and professional
study; and
(2) if a participant has enrolled in the program upon or
after transfer to a 4-year institution of higher education,
the Director may reimburse the participant for the
participant's prior educational expenses.
(d) Agreement.--(1)(A) Each participant receiving a
scholarship or a payment under this section shall enter into
an agreement with the Director.
(B) An agreement under subparagraph (A) shall contain
assurances that the participant shall--
(i) after successful completion of a baccalaureate program
and training as prescribed in section ____, work for 4 years
in a State or local police force without there having arisen
sufficient cause for the participant's dismissal under the
rules applicable to members of the police force of which the
participant is a member;
(ii) complete satisfactorily--
(I) an educational course of study and receipt of a
baccalaureate degree (in the case of undergraduate study) or
the reward of credit to the participant for having completed
one or more graduate courses (in the case of graduate study);
and
(II) Police Corps training and certification by the
Director that the participant has met such performance
standards as may be established pursuant to section ____; and
(iii) repay all of the scholarship or payment received plus
interest at the rate of 10 percent if the conditions of
clauses (i) and (ii) are not complied with.
(2)(A) A participant who receives a scholarship or payment
under this section shall not be considered to be in violation
of the agreement entered into pursuant to paragraph (1) if
the recipient--
(i) dies; or
(ii) becomes permanently and totally disabled as
established by the sworn affidavit of a qualified physician.
(B) If the participant who has received a scholarship is
unable to comply with the repayment provision set forth in
paragraph (1)(B)(ii) because of a physical or emotional
disability or for good cause as determined by the Director,
the Director may substitute community service in a form
prescribed by the Director for the required repayment.
(C) The Director shall expeditiously seek repayment from a
participant who violates an agreement described in paragraph
(1).
(e) Dependent Child.--(1) A dependent child of an
individual referred to in paragraph (2) shall be entitled to
the scholarship assistance authorized in this section for any
course of study in any accredited institution of higher
education. Such dependent child shall not incur any repayment
obligation in exchange for the scholarship assistance
provided in this section.
(2) For purposes of paragraph (1), an individual is a law
enforcement officer--
(A) who is a member of a State or local police force or is
a Federal criminal investigator or uniformed police officer;
(B) who is not a participant in the Police Corps program,
but who serves in a State for which the Director has approved
a State Police Corps plan; and
(C) who is killed in the course of performing police
duties.
(f) Application.--Each participant desiring a scholarship
or payment under this section shall submit an application as
prescribed by the Director in such manner and accompanied by
such information as the Director may reasonably require.
SEC. ____. SELECTION OF PARTICIPANTS.
(a) In General.--Participants in State Police Corps
programs shall be selected on a competitive basis by each
State under regulations prescribed by the Director.
(b) Selection Criteria and Qualifications.--(1) In order to
participate in a State Police Corps program, a participant
shall--
(A) be a citizen of the United States or an alien lawfully
admitted for permanent residence in the United States;
(B) meet the requirements for admission as a trainee of the
State or local police force to which the participant will be
assigned pursuant to section ____(c)(5), including
achievement of satisfactory scores on any applicable
examination, except that failure to meet the age requirement
for a trainee of the State or local police shall not
disqualify the applicant if the applicant will be of
sufficient age upon completing an undergraduate course of
study;
(C) possess the necessary mental and physical capabilities
and emotional characteristics to discharge effectively the
duties of a law enforcement officer;
(D) be of good character and demonstrate sincere motivation
and dedication to law enforcement and public service;
(E) in the case of an undergraduate, agree in writing that
the participant will complete an educational course of study
leading to the award of a baccalaureate degree and will then
accept an appointment and complete 4 years of service as an
officer in the State police or in a local police department
within the State;
(F) in the case of a participant desiring to undertake or
continue graduate study, agree in writing that the
participant will accept an appointment and complete 4 years
of service as an officer in the State police or in a local
police department within the State before undertaking or
continuing graduate study;
(G) contract, with the consent of the participant's parent
or guardian if the participant is a minor, to serve for 4
years as an officer in the State police or in a local police
department, if an appointment is offered; and
(H) except as provided in paragraph (2), be without
previous law enforcement experience.
(2)(A) Until the date that is 5 years after the date of
enactment of this title, up to 10 percent of the applicants
accepted into a State Police Corps program may be persons
who--
(i) have had some law enforcement experience; and
(ii) have demonstrated special leadership potential and
dedication to law enforcement.
(B)(i) The prior period of law enforcement of a participant
selected pursuant to subparagraph (A) shall not be counted
toward satisfaction of the participant's 4-year service
obligation under section ____, and such a participant shall
be subject to the same benefits and obligations under this
subtitle as other participants, including those stated in
subsection (b)(1)(E) and (F).
(ii) Clause (i) shall not be construed to preclude counting
a participant's previous period of law enforcement experience
for purposes other than satisfaction of the requirements of
section ____, such as for purposes of determining such a
participant's pay and other benefits, rank, and tenure.
(3) It is the intent of this subtitle that there shall be
no more than 20,000 participants in each graduating class.
The Director shall approve State plans providing in the
aggregate for such enrollment of applicants as shall assure,
as nearly as possible, annual graduating classes of 20,000.
In a year in which applications are received in a number
greater than that which will produce, in the judgment of the
Director, a graduating class of more than 20,000, the
Director shall, in deciding which applications to grant, give
preference to those who will be participating in State plans
that provide law enforcement personnel to areas of greatest
need.
(c) Recruitment of Minorities.--Each State participating in
the Police Corps program shall make special efforts to seek
and recruit applicants from among members of all racial,
ethnic or gender groups. This subsection does not authorize
an exception from the competitive standards for admission
established pursuant to subsections (a) and (b).
(d) Enrollment of Applicant.--(1) An applicant shall be
accepted into a State Police Corps program on the condition
that the applicant will be matriculated in, or accepted for
admission at, a 4-year institution of higher education--
(A) as a full-time student in an undergraduate program; or
(B) for purposes of taking a graduate course.
(2) If the applicant is not matriculated or accepted as set
forth in paragraph (1), the applicant's acceptance in the
program shall be revoked.
(e) Leave of Absence.--(1) A participant in a State Police
Corps program who requests a leave of absence from
educational study, training or service for a period not to
exceed 1 year (or 18 months in the aggregate in the event of
multiple requests) due to temporary physical or emotional
disability shall be granted such leave of absence by the
State.
(2) A participant who requests a leave of absence from
educational study, training or service for a period not to
exceed 1 year (or 18 months in the aggregate in the event of
multiple requests) for any reason other than those listed in
paragraph (1) may be granted such leave of absence by the
State.
[[Page 670]]
(3) A participant who requests a leave of absence from
educational study or training for a period not to exceed 30
months to serve on an official church mission may be granted
such leave of absence.
(f) Admission of Applicants.--An applicant may be admitted
into a State Police Corps program either before commencement
of or during the applicant's course of educational study.
SEC. ____. POLICE CORPS TRAINING.
(a) In General.--(1) The Director shall establish programs
of training for State Police Corps participants. Such
programs may be carried out at up to 3 training centers
established for this purpose and administered by the
Director, or by contracting with existing State training
facilities. The Director shall contract with a State training
facility upon request of such facility if the Director
determines that such facility offers a course of training
substantially equivalent to the Police Corps training program
described in this subtitle.
(2) The Director may enter into contracts with individuals,
institutions of learning, and government agencies (including
State and local police forces) to obtain the services of
persons qualified to participate in and contribute to the
training process.
(3) The Director may enter into agreements with agencies of
the Federal Government to utilize on a reimbursable basis
space in Federal buildings and other resources.
(4) The Director may authorize such expenditures as are
necessary for the effective maintenance of the training
centers, including purchases of supplies, uniforms, and
educational materials, and the provision of subsistence,
quarters, and medical care to participants.
(b) Training Sessions.--A participant in a State Police
Corps program shall attend two 8-week training sessions at a
training center, one during the summer following completion
of sophomore year and one during the summer following
completion of junior year. If a participant enters the
program after sophomore year, the participant shall complete
16 weeks of training at times determined by the Director.
(c) Further Training.--The 16 weeks of State Police Corps
training authorized in this section is intended to serve as
basic law enforcement training but not to exclude further
training of participants by the State and local authorities
to which they will be assigned. Each State plan approved by
the Director under section ____ shall include assurances that
following completion of a participant's course of education
each participant shall receive appropriate additional
training by the State or local authority to which the
participant is assigned. The time spent by a participant in
such additional training, but not the time spent in State
Police Corps training, shall be counted toward fulfillment of
the participant's 4-year service obligation.
(d) Course of Training.--The training sessions at training
centers established under this section shall be designed to
provide basic law enforcement training, including vigorous
physical and mental training to teach participants self-
discipline and organizational loyalty and to impart knowledge
and understanding of legal processes and law enforcement.
(e) Evaluation of Participants.--A participant shall be
evaluated during training for mental, physical, and emotional
fitness, and shall be required to meet performance standards
prescribed by the Director at the conclusion of each training
session in order to remain in the Police Corps program.
(f) Stipend.--The Director shall pay participants in
training sessions a stipend of $250 a week during training.
SEC. ____. SERVICE OBLIGATION.
(a) Swearing In.--Upon satisfactory completion of the
participant's course of education and training program
established in section ____ and meeting the requirements of
the police force to which the participant is assigned, a
participant shall be sworn in as a member of the police force
to which the participant is assigned pursuant to the State
Police Corps plan, and shall serve for 4 years as a member of
that police force.
(b) Rights and Responsibilities.--A participant shall have
all of the rights and responsibilities of and shall be
subject to all rules and regulations applicable to other
members of the police force of which the participant is a
member, including those contained in applicable agreements
with labor organizations and those provided by State and
local law.
(c) Discipline.--If the police force of which the
participant is a member subjects the participant to
discipline such as would preclude the participant's
completing 4 years of service, and result in denial of
educational assistance under section ____, the Director may,
upon a showing of good cause, permit the participant to
complete the service obligation in an equivalent alternative
law enforcement service and, if such service is
satisfactorily completed, section ____(d)(1)(B)(iii) shall
not apply.
(d) Layoffs.--If the police force of which the participant
is a member lays off the participant such as would preclude
the participant's completing 4 years of service, and result
in denial of educational assistance under section ____, the
Director may permit the participant to complete the service
obligation in an equivalent alternative law enforcement
service and, if such service is satisfactorily completed,
section ____(d)(1)(B)(iii) shall not apply.
SEC. ____. STATE PLAN REQUIREMENTS.
A State Police Corps plan shall--
(1) provide for the screening and selection of participants
in accordance with the criteria set out in section ____;
(2) State procedures governing the assignment of
participants in the Police Corps program to State and local
police forces (no more than 10 percent of all the
participants assigned in each year by each State to be
assigned to a statewide police force or forces);
(3) provide that participants shall be assigned to those
geographic areas in which--
(A) there is the greatest need for additional law
enforcement personnel; and
(B) the participants will be used most effectively;
(4) provide that to the extent consistent with paragraph
(3), a participant shall be assigned to an area near the
participant's home or such other place as the participant may
request;
(5) provide that to the extent feasible, a participant's
assignment shall be made at the time the participant is
accepted into the program, subject to change--
(A) prior to commencement of a participant's fourth year of
undergraduate study, under such circumstances as the plan may
specify; and
(B) from commencement of a participant's fourth year of
undergraduate study until completion of 4 years of police
service by participant, only for compelling reasons or to
meet the needs of the State Police Corps program and only
with the consent of the participant;
(6) provide that no participant shall be assigned to serve
with a local police force--
(A) whose size has declined by more than 5 percent since
June 21, 1989; or
(B) which has members who have been laid off but not
retired;
(7) provide that participants shall be placed and to the
extent feasible kept on community and preventive patrol;
(8) ensure that participants will receive effective
training and leadership;
(9) provide that the State may decline to offer a
participant an appointment following completion of Federal
training, or may remove a participant from the State Police
Corps program at any time, only for good cause (including
failure to make satisfactory progress in a course of
educational study) and after following reasonable review
procedures stated in the plan; and
(10) provide that a participant shall, while serving as a
member of a police force, be compensated at the same rate of
pay and benefits and enjoy the same rights under applicable
agreements with labor organizations and under State and local
law as other police officers of the same rank and tenure in
the police force of which the participant is a member.
SEC. ____. ASSISTANCE TO STATES AND LOCALITIES EMPLOYING
POLICE CORPS OFFICERS.
Each jurisdiction directly employing State Police Corps
participants during the 4-year term of service prescribed by
section ____ shall receive $10,000 on account of each such
participant at the completion of each such year of service,
but--
(1) no such payment shall be made on account of service in
any State or local police force--
(A) whose average size, in the year for which payment is to
be made, not counting State Police Corps participants
assigned under section ____, has declined more than 2 percent
since January 1, 1993; or
(B) which has members who have been laid off but not
retired; and
(2) no such payment shall be made on account of any State
Police Corps participant for years of service after the
completion of the term of service prescribed in section ____.
SEC. ____. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subtitle--
(1) $100,000,000 for fiscal year 1995 and $250,000,000 for
fiscal year 1996; and
(2) such sums as are necessary for each of the fiscal years
1997, 1998, and 1999.
SEC. ____. REPORTS TO CONGRESS.
(a) In General.--Not later than April 1 of each year, the
Director shall submit a report to the Attorney General, the
President, the Speaker of the House of Representatives, and
the President of the Senate.
(b) Contents.--A report under subsection (a) shall--
(1) state the number of current and past participants in
the State Police Corps program, broken down according to the
levels of educational study in which they are engaged and
years of service they have served on police forces (including
service following completion of the 4-year service
obligation);
(2) describe the geographic, racial, and gender dispersion
of participants in the State Police Corps program; and
(3) describe the progress of the State Police Corps program
and make recommendations for changes in the program.
Subtitle B--Law Enforcement Scholarship Program
SEC. ____. ALLOTMENT.
From amounts appropriated under section ____, the Director
shall allot--
(1) 80 percent of such amounts to States on the basis of
the number of law enforcement officers in each State compared
to the number of law enforcement officers in all States; and
(2) 20 percent of such amounts to States on the basis of
the shortage of law enforcement personnel and the need for
assistance under this subtitle in the State compared to the
shortage of law enforcement personnel and the need for
assistance under this subtitle in all States.
[[Page 671]]
SEC. 202. ESTABLISHMENT OF PROGRAM.
(a) Use of Allotment.--
(1) In general.--A State that receives an allotment
pursuant to section ____ shall use the allotment to pay the
Federal share of the costs of--
(A) awarding scholarships to in-service law enforcement
personnel to enable such personnel to seek further education;
and
(B) providing--
(i) full-time employment in summer; or
(ii) part-time (not to exceed 20 hours per week) employment
for a period not to exceed 1 year.
(2) Employment.--The employment described in paragraph
(1)(B)--
(A) shall be provided by State and local law enforcement
agencies for students who are juniors or seniors in high
school or are enrolled in an institution of higher education
and who demonstrate an interest in undertaking a career in
law enforcement;
(B) shall not be in a law enforcement position; and
(C) shall consist of performing meaningful tasks that
inform students of the nature of the tasks performed by law
enforcement agencies.
(b) Payments; Federal Share; Non-Federal Share.--
(1) Payments.--The Secretary shall pay to each State that
receives an allotment under section ____ the Federal share of
the cost of the activities described in the application
submitted pursuant to section ____.
(2) Federal share.--The Federal share shall not exceed 60
percent.
(3) Non-federal share.--The non-Federal share of the cost
of scholarships and student employment provided under this
subtitle shall be supplied from sources other than the
Federal Government.
(c) Responsibilities of Director.--The Director shall be
responsible for the administration of the programs conducted
pursuant to this subtitle and shall, in consultation with the
Assistant Secretary for Postsecondary Education, issue rules
to implement this subtitle.
(d) Administrative Expenses.--A State that receives an
allotment under section ____ may reserve not more than 8
percent of the allotment for administrative expenses.
(e) Special Rule.--A State that receives an allotment under
section ____ shall ensure that each scholarship recipient
under this subtitle be compensated at the same rate of pay
and benefits and enjoy the same rights under applicable
agreements with labor organizations and under State and local
law as other law enforcement personnel of the same rank and
tenure in the office of which the scholarship recipient is a
member.
(f) Supplementation of Funding.--Funds received under this
subtitle shall only be used to supplement, and not to
supplant, Federal, State, or local efforts for recruitment
and education of law enforcement personnel.
SEC. ____. SCHOLARSHIPS.
(a) Period of Award.--Scholarships awarded under this
subtitle shall be for a period of 1 academic year.
(b) Use of Scholarships.--Each individual awarded a
scholarship under this subtitle may use the scholarship for
educational expenses at an institution of higher education.
SEC. ____. ELIGIBILITY.
(a) Scholarships.--A person shall be eligible to receive a
scholarship under this subtitle if the person has been
employed in law enforcement for the 2-year period immediately
preceding the date on which assistance is sought.
(b) Ineligibility for Student Employment.--A person who has
been employed as a law enforcement officer is ineligible to
participate in a student employment program carried out under
this subtitle.
SEC. ____. STATE APPLICATION.
(a) In General.--Each State desiring an allotment under
section ____ shall submit an application to the Director at
such time, in such manner, and accompanied by such
information as the Director may reasonably require.
(b) Contents.--An application under subsection (a) shall--
(1) describe the scholarship program and the student
employment program for which assistance under this subtitle
is sought;
(2) contain assurances that the lead agency will work in
cooperation with the local law enforcement liaisons,
representatives of police labor organizations and police
management organizations, and other appropriate State and
local agencies to develop and implement interagency
agreements designed to carry out this subtitle;
(3) contain assurances that the State will advertise the
scholarship assistance and student employment it will provide
under this subtitle and that the State will use such programs
to enhance recruitment efforts;
(4) contain assurances that the State will screen and
select law enforcement personnel for participation in the
scholarship program under this subtitle;
(5) contain assurances that under such student employment
program the State will screen and select, for participation
in such program, students who have an interest in undertaking
a career in law enforcement;
(6) contain assurances that under such scholarship program
the State will make scholarship payments to institutions of
higher education on behalf of persons who receive
scholarships under this subtitle;
(7) with respect to such student employment program,
identify--
(A) the employment tasks that students will be assigned to
perform;
(B) the compensation that students will be paid to perform
such tasks; and
(C) the training that students will receive as part of
their participation in the program;
(8) identify model curriculum and existing programs
designed to meet the educational and professional needs of
law enforcement personnel; and
(9) contain assurances that the State will promote
cooperative agreements with educational and law enforcement
agencies to enhance law enforcement personnel recruitment
efforts in institutions of higher education.
SEC. ____. LOCAL APPLICATION.
(a) In General.--A person who desires a scholarship or
employment under this subtitle shall submit an application to
the State at such time, in such manner, and accompanied by
such information as the State may reasonably require.
(b) Contents.--An application under subsection (a) shall
describe--
(1) the academic courses for which a scholarship is sought;
or
(2) the location and duration of employment that is sought.
(c) Priority.--In awarding scholarships and providing
student employment under this subtitle, each State shall give
priority to applications from persons who are--
(1) members of racial, ethnic, or gender groups whose
representation in the law enforcement agencies within the
State is substantially less than in the population eligible
for employment in law enforcement in the State;
(2) pursuing an undergraduate degree; and
(3) not receiving financial assistance under the Higher
Education Act of 1965.
SEC. ____. SCHOLARSHIP AGREEMENT.
(a) In General.--A person who receives a scholarship under
this subtitle shall enter into an agreement with the
Director.
(b) Contents.--An agreement described in subsection (a)
shall--
(1) provide assurances that the scholarship recipient will
work in a law enforcement position in the State that awarded
the scholarship in accordance with the service obligation
described in subsection (c) after completion of the
scholarship recipient's academic courses leading to an
associate, bachelor, or graduate degree;
(2) provide assurances that the scholarship recipient will
repay the entire scholarship in accordance with such terms
and conditions as the Director shall prescribe if the
requirements of the agreement are not complied with, unless
the scholarship recipient--
(A) dies;
(B) becomes physically or emotionally disabled, as
established by the sworn affidavit of a qualified physician;
or
(C) has been discharged in bankruptcy; and
(3) set forth the terms and conditions under which the
scholarship recipient may seek employment in the field of law
enforcement in a State other than the State that awarded the
scholarship.
(c) Service Obligation.--
(1) In general.--Except as provided in paragraph (2), a
person who receives a scholarship under this subtitle shall
work in a law enforcement position in the State that awarded
the scholarship for a period of 1 month for each credit hour
for which funds are received under the scholarship.
(2) Special rule.--For purposes of satisfying the
requirement of paragraph (1), a scholarship recipient shall
work in a law enforcement position in the State that awarded
the scholarship for not less than 6 months but shall not be
required to work in such a position for more than 2 years.
SEC. ____. DEFINITIONS.
For purposes of this subtitle--
(1) the term ``Director'' means the Director of the Bureau
of Justice Assistance;
(2) the term ``educational expenses'' means expenses that
are directly attributable to--
(A) a course of education leading to the award of an
associate degree;
(B) a course of education leading to the award of a
baccalaureate degree; or
(C) a course of graduate study following award of a
baccalaureate degree,
including the cost of tuition, fees, books, supplies, and
related expenses;
(3) the term ``institution of higher education'' has the
meaning stated in the first sentence of section 1201(a) of
the Higher Education Act of 1965 (20 U.S.C. 1141(a));
(4) the term ``law enforcement position'' means employment
as an officer in a State or local police force, or
correctional institution; and
(5) the term ``State'' means a State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands of the United States, American Samoa,
Guam, and the Commonwealth of the Northern Mariana Islands.
SEC. ____. AUTHORIZATION OF APPROPRIATIONS.
(a) General Authorization of Appropriations.--There are
authorized to be appropriated to carry out this subtitle
$30,000,000 for each of fiscal years 1995, 1996, 1997, 1998,
and 1999.
(b) Uses of Funds.--Of the funds appropriated under
subsection (a) for a fiscal year--
(1) 80 percent shall be available to provide scholarships
described in section ____(a)(1)(A); and
(2) 20 percent shall be available to provide employment
described in sections ____(a)(1)(B) and ____(a)(2).
[[Page 672]]
It was decided in the
Yeas
250
<3-line {>
affirmative
Nays
174
Para. 36.26 [Roll No. 138]
AYES--250
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Beilenson
Bentley
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Calvert
Camp
Cantwell
Cardin
Carr
Chapman
Clayton
Clement
Clinger
Clyburn
Coleman
Condit
Cooper
Coppersmith
Costello
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Derrick
Deutsch
Diaz-Balart
Dixon
Dornan
Durbin
Edwards (TX)
Emerson
Engel
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Frank (MA)
Frost
Furse
Gallegly
Gejdenson
Gephardt
Geren
Gillmor
Gilman
Gingrich
Gonzalez
Gordon
Gutierrez
Hall (OH)
Hamilton
Hastert
Hastings
Hayes
Hefner
Hinchey
Hobson
Hochbrueckner
Holden
Houghton
Hoyer
Huffington
Hunter
Hutto
Hyde
Inhofe
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Lewis (GA)
Lightfoot
Lipinski
Lloyd
Long
Lowey
Machtley
Maloney
Manton
Margolies-Mezvinsky
Markey
Martinez
Mazzoli
McCloskey
McCurdy
McHale
McKinney
McMillan
Meehan
Meek
Menendez
Meyers
Mfume
Michel
Miller (CA)
Mineta
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Morella
Murphy
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Obey
Olver
Ortiz
Orton
Owens
Oxley
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Regula
Reynolds
Richardson
Roemer
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Roukema
Rowland
Roybal-Allard
Rush
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Schenk
Schiff
Schroeder
Schumer
Scott
Sharp
Shepherd
Shuster
Sisisky
Skeen
Skelton
Slaughter
Smith (NJ)
Smith (OR)
Spratt
Stenholm
Strickland
Studds
Stupak
Swett
Swift
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Volkmer
Vucanovich
Watt
Waxman
Weldon
Wheat
Wise
Woolsey
Wyden
Wynn
NOES--174
Allard
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Becerra
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Brooks
Bunning
Burton
Buyer
Callahan
Canady
Castle
Clay
Coble
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Conyers
Cox
Coyne
Crapo
Cunningham
DeLay
Dellums
Dickey
Dicks
Dingell
Dooley
Doolittle
Dreier
Duncan
Dunn
Edwards (CA)
Ehlers
English
Everett
Ewing
Fawell
Fields (TX)
Ford (MI)
Fowler
Franks (CT)
Franks (NJ)
Gekas
Gilchrest
Glickman
Goodlatte
Goodling
Goss
Grams
Green
Greenwood
Gunderson
Hall (TX)
Hamburg
Hancock
Hansen
Harman
Hefley
Herger
Hilliard
Hoagland
Hoekstra
Hoke
Horn
Hughes
Hutchinson
Inglis
Istook
Jacobs
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kopetski
Kyl
Levy
Lewis (CA)
Lewis (FL)
Linder
Livingston
Mann
Manzullo
McCandless
McCollum
McCrery
McDermott
McHugh
McInnis
McKeon
Mica
Miller (FL)
Minge
Moorhead
Murtha
Nussle
Oberstar
Packard
Paxon
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Reed
Ridge
Roberts
Rogers
Rohrabacher
Roth
Royce
Sabo
Saxton
Schaefer
Sensenbrenner
Serrano
Shaw
Shays
Skaggs
Slattery
Smith (IA)
Smith (MI)
Smith (TX)
Snowe
Solomon
Spence
Stark
Stearns
Stokes
Stump
Sundquist
Synar
Talent
Tauzin
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Traficant
Underwood (GU)
Visclosky
Walker
Walsh
Williams
Wilson
Wolf
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--13
Crane
Fish
Ford (TN)
Gallo
Gibbons
Grandy
Matsui
McDade
McNulty
Rostenkowski
Washington
Waters
Whitten
So the amendment was agreed to.
Para. 36.27 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. MARTINEZ:
At the end of title X, add the following:
Subtitle ____--Private Security Officers
SEC. ____1. SHORT TITLE.
This subtitle may be cited as the ``Private Security
Officers Quality Assurance Act of 1994''.
SEC. ____2. FINDINGS.
Congress finds the following:
(1) Employment of private security officers in the United
States is growing rapidly.
(2) The private security industry provides numerous
opportunities for entry-level job applicants, including
individuals suffering from unemployment due to economic
conditions or dislocations.
(3) The American public is more likely to have contact with
private security officers in the course of a day than with
law enforcement officers.
(4) Juveniles in the United States, including those at risk
of delinquency, are most likely to have their earliest
contact with private security officers because of the
significant presence of such officers in schools, shopping
malls, and retail establishments.
(5) The American public demands the employment of
qualified, well-trained private security officers.
(6) The States and employers should be required to
determine the qualifications of applicants for employment as
private security officers.
(7) Employers should be required to ensure at least minimum
training for newly hired private security officers and
refresher training for experienced private security officers,
based on State-imposed standards.
(8) State requirements, if any, for screening and training
private security officers vary widely.
(9) Public safety would be improved if all States required
appropriate screening and training of private security
officers.
(10) States should enact laws imposing minimum standards
that are uniform nationwide for the screening and training of
private security officers.
(11) State law applicable to private security officers
should apply to all private security personnel.
SEC. ____3. DEFINITIONS.
As used in this subtitle:
(1) The term ``employee'' includes an applicant for
employment.
(2) The term ``employer'' means any person that--
(A) employs one or more private security officers, or
(B) provides, as an independent contractor for
consideration, the services of one or more private security
officers (including oneself).
(3) The term ``felony'' means an offense for which a term
of imprisonment exceeding 1 year may be imposed.
(4) The term ``misdemeanor'' means an offense for which a
maximum term of imprisonment of 1 year or less may be
imposed.
(5) The term ``person'' shall have the meaning given it in
section 1 of title 1 of the United States Code.
(6) The term ``private security officer'' means--
(A) an individual (other than an individual while on active
duty as a member of the military service or while performing
official duties as a law enforcement officer) who performs
security services, full time or part time, for consideration
as an independent contractor or an employee, whether armed or
unarmed and in uniform or plain clothes,
(B) an individual who is the immediate supervisor of an
individual described in subparagraph (A), or
(C) an individual who--
(i) is employed by an electronic alarm company and whose
duties include servicing or installing alarm systems, or
(ii) monitors electronic alarm systems from a location in
the State in which such systems are situated.
(7) The term ``registration permit'' means a license,
permit, certificate, registration card, or other formal
written permission, to provide security services.
(8) The term ``security services'' means the performance of
one or more of the following:
(A) The observation and reporting of intrusion, larceny,
vandalism, fire, or trespass.
(B) The prevention of theft or misappropriation of any
goods, money, or other item of value.
(C) The observation or reporting of any unlawful activity.
(D) The protection of individuals or property, including
proprietary information, from harm or misappropriation.
(E) The control of access to premises being protected.
(F) The secure movement of prisoners.
(G) The maintenance of order and safety at athletic,
entertainment, or other public activities.
(H) Providing canine services for guarding premises or for
the detection of any unlawful device or substance.
(I) The transportation of money or other valuables by
armored vehicle.
[[Page 673]]
(9) The term ``State'' means any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, or the
Commonwealth of the Northern Mariana Islands.
(10) The term ``State regulatory agency'' means an
appropriate State regulatory entity.
SEC. 4. STUDY, REPORT, AND RECOMMENDATIONS REQUIRED.
The Attorney General of each State shall report the
provisions of the State's program to the Attorney General of
the United States on or before December 31, 1996. If a State
fails to report that it has established a program in
accordance with the provisions of this Act, the Attorney
General shall: (1) notify the Judiciary Committee of the
Senate and the Judiciary Committee of the House of
Representatives of such failure, and (2) notify the Chief
Executive Officer of the State of such failure and propose
appropriate action to encourage or compel the State to comply
with this Act. If no further action is taken by the State
within 1 year of the issuance of such notice by the Attorney
General may reduce the State's share of funding appropriated
for the fiscal year in which such determination of failure to
comply is made under the provisions of title I of the Omnibus
Crime Control and Safe Streets Act of 1968. In no evernt
shall such reduction exceed 10 percent of such appropriated
funding.
SEC. ____5. ISSUANCE OF STATE LICENSES TO EMPLOYERS;
REGULATION OF PRIVATE SECURITY SERVICES.
(a) Requirements.--A State shall have in effect
requirements and procedures for issuing licenses to, and
reviewing security services of, employers. A State may
require that an employer name an individual to serve as the
designated holder of the license issued under this
subsection.
(b) Limitation on Fees for Issuance of Licenses.--A State
may not impose on an employer a license issuance fee in
excess of the prorated direct costs of administering the
requirements and procedures described in subsection (a).
(c) Assignment of Private Security Officers.--(1) Except as
provided in paragraphs (2) and (3), and subject to section
____9, the requirements and procedures described in
subsection (a) shall provide, at a minimum, that an employer
may not permanently assign an employee to duty as a private
security officer until such employee obtains a security
officer's registration permit as provided in section
____8(a).
(2) An employer may assign an employee to duty as an
unarmed private security officer pending the results of the
preassignment check of records described in section ____6 and
the issuance of such permit if, before the assignment--
(A) such employer--
(i) submitted an application as required by section
____6(a)(1), and
(ii) verified the employee's personal references and the 5-
year employment history as required by section ____6(a)(2),
and
(B) such employee completed the classroom training required
by section ____7(a)(1).
(3) An employer may assign an employee to duty as an armed
private security officer pending the results of the
preassignment check of records described in section ____6 and
the issuance of a security officer's registration permit if,
before the assignment--
(A) such employer--
(i) submits an application as required by section
____6(a)(1), and
(ii) verifies the employee's personal references and the 5-
year employment history as required by section ____7(a), and
(B) such employee--
(i) completes the training required by section ____7(a),
and
(ii) has been issued a valid firearm permit or license to a
criminal justice agency in the State in which such individual
is assigned, following a national criminal history record
check.
(3) If an individual is employed by an employer in a State
with respect to which such individual holds a valid private
security officer's registration permit, then such employer
may assign such individual to duty as a private security
officer (including an armed private security officer) for a
period not to exceed 90 days in a State with respect to which
such individual does not hold a valid private security
officer's registration permit if such individual satisfies
the training requirements, and complies with the restrictions
on the type of weapon such individual uses, in effect in the
State to which such individual is so assigned.
SEC. 6. PREASSIGNMENT SCREENING.
Each State shall have in effect a program for issuing
registration permits to private security officers that
requires at a minimum, and except as provided in section
____5(c) and subject to section ____9, that an employer not
permanently assign an employee to duty as a private security
officer until--
(1) such employer submits to the State regulatory agency--
(A) the employee's application for employment, including a
history of employment and military service, personal
references, and a description of such employee's criminal
history,
(B) a certification that such employer verified--
(i) such employee's employment history for the 5-year
period ending on the date of application for employment, and
(ii) such personal references, and
(2) the State regulatory agency obtains the results of a
fingerprint check of criminal history records conducted
through the Federal Bureau of Investigation pursuant to a
State law conforming to Public Law 92-544. An association of
employers of security officers, designated for the purpose of
this section by the Attorney General of the United States,
may submit fingerprints to the Attorney General on behalf of
any applicant for a state private security officer
registration permit. In response to such a submission, the
Attorney General may, to the extent provided by law, exchange
for permit and employment purposes, identification and
criminal history records with the state regulatory agency to
which such applicant has applied. Such review shall be
conducted, and the results of the search shall be handled in
accordance with the procedures in Public Law 103-209.
SEC. ____7. PRIVATE SECURITY OFFICER TRAINING.
(a) Training.--Each State shall have in effect training
requirements for private security officers that consist of
the following, at a minimum:
(1) For unarmed private security officers, the following:
(A) Eight hours of basic classroom instruction, successful
completion of a written examination, and 4 hours of on-the-
job training.
(B) Such classroom instruction shall include the following:
(i) The legal powers and limitations of a private security
officer, including instruction in the law of arrest, search,
and seizure, and the use of force as related to security
services.
(ii) Safety and fire detection and reporting.
(iii) When and how to notify public authorities.
(iv) The techniques of observation and reporting of
incidents and how to prepare an incident report.
(v) The fundamentals of patrolling.
(vi) Deportment and ethics.
(2) For armored car personnel and electronic alarm company
personnel, the State shall have in effect classroom training
and testing that appropriately reflects the nature of their
duties rather than the classroom instruction required by
paragraph (1).
(2) For armed private security officers, in addition to the
training required by paragraph (1) or (2), the following:
(A) Fifteen hours of weapons instruction (including
marksmanship described in subparagraph (B)) and successful
completion of a written examination on--
(i) the legal limitations on the use of weapons,
(ii) weapons handling, and
(iii) safety and maintenance.
(B) A minimum marksmanship qualification of 70 percent
attained on any silhouette target course approved by the
State regulatory agency.
(b) Annual Training.--Each State shall have in effect
requirements, at a minimum, that--
(1) unarmed private security officers complete annually a
4-hour refresher course in the subjects listed in clauses (i)
through (vi) of subsection (a)(1)(B), and
(2) armed private security officers annually, in addition
to satisfying the requirement described in paragraph (1)--
(A) complete a refresher course in the subjects listed in
clauses (i) through (iii) of subsection (a)(2)(A), and
(B) be requalified in the use of weapons as described in
subsection (a)(2)(B).
(c) Certification.--Each State shall have in effect
requirements that a private security officer, or such
officer's employer (if any), certify to the State regulatory
agency completion of the training required by subsections (a)
and (b).
(d) Instructional and Range-Training Program.--Each State
shall have in effect a program that requires that all
instruction and range training required by this section be
administered by an instructor whose qualifications meet
standards established by the State regulatory agency.
SEC. ____8. STATE ISSUANCE OF REGISTRATION PERMITS TO PRIVATE
SECURITY OFFICERS.
(a) Requirements for Issuance of Registration Permits.--A
State shall have in effect requirements for issuing and
renewing, upon application, a private security officer's
registration permit for a 2-year period. Such requirements
shall include--
(1) methods for a private security officer, or such
officer's employer (if any) to comply with sections ____6 and
____7,
(2) a requirement that the certification required by
section ____7(c) be included in the application for the
issuance or renewal of such permit, and
(3) a requirement that an individual not be issued a
private security officer's registration permit, or assigned
by an employer to duty, as a private security officer if,
within the 10-year period ending on the date of application
for such permit or the date of such assignment, as the case
may be, such individual was--
(A) convicted of a felony,
(B) incarcerated, placed on probation, or paroled as a
result of conviction of a felony, or
(C) convicted of a misdemeanor that, in the discretion of
the State regulatory agency, bears such a relationship to the
performance of security services as to constitute a
disqualification for a private security officer's
registration permit.
(b) Limitation on Fees for Issuance of Registration
Permits.--A State may not impose on private security officers
a registration permit issuance fee in excess of the -
[[Page 674]]
prorated direct costs of administering the requirements
described in subsection (a).
(c) Denial of Registration Permit.--If a State denies, for
any reason, an application for the issuance or renewal of a
private security officer's registration permit, then, not
later than 10 days after denial of such application, the
State regulatory agency shall give written notice to the
applicant and the applicant's employer (if any) specifying
the reasons for denial.
SEC. ____9. WAIVER.
On the request of an employer, a State shall waive the
preassignment screening requirements described in section
____6(a), and the training requirements described in section
____7(a), with respect to a private security officer if--
(1)(A) such officer holds a valid security officer's
registration permit issued or renewed by the State in which
such officer will perform security services for such
employer, and
(B) the immediately preceding employer of such officer
satisfied all such requirements with respect to the most
recent application for the issuance or renewal of such
permit, or
(2) such officer is a law enforcement officer employed by a
governmental entity that allows such law enforcement officer
to serve off-duty as a private security officer.
SEC. ____0. GRACE PERIOD FOR ISSUANCE OF NEW REGISTRATION
PERMITS TO PRIVATE SECURITY OFFICERS WHO HOLD
CURRENT PERMITS.
Until--
(1) January 1, 1997, or
(2) the expiration of the 2-year period beginning on the
date a State initially puts into effect a program that
satisfies the requirements of sections ____6, ____7, and
____8,
whichever is later, such sections shall not apply with
respect to the issuance of a registration permit to a private
security officer who holds a private security officer's
registration permit that is valid without regard to the
operation of this subtitle.
SEC. ____1. EMPLOYEE PROTECTION.
A State shall have in effect a law that makes invalid and
unenforceable any limitation imposed by an employer on the
right of an employee to seek or obtain subsequent employment
as a private security officer after voluntary or involuntary
termination of employment by such employer.
SEC. ____2. NOTICE OF CRIMINAL CHARGE.
A State shall have in effect requirements regarding
criminal charges made against a private security officer,
including the following, at a minimum:
(1) If a private security officer is charged with a felony
or misdemeanor, such officer shall notify such officer's
employer (if any) not later than 48 hours after the charge is
made.
(2) An employer who has knowledge that its employee has
been so charged shall report the fact of such charge to the
State regulatory agency not later than 2 business days after
acquiring such knowledge.
(3) The registration permit of such officer may be
suspended by such agency pending disposition of the charge.
(4) Upon conviction of a felony, the State shall revoke the
registration permit of such officer.
(5) Upon conviction of such misdemeanor, such State may
revoke such permit.
SEC. ____3. PENALTIES.
A State shall have in effect a law that authorizes the
imposition of a penalty for each violation of the requirement
imposed by the State to satisfy a condition of eligibility
specified in section ____4(a), including the following, at a
minimum:
(1) After notice, and a public hearing if requested by an
employer charged with such violation, a daily monetary
penalty for each day on which violation continues.
(2) If such violation continues after imposition of a
monetary penalty described in paragraph (1), and after notice
and a hearing described in such paragraph, suspension or
revocation of a registration permit issued as described in
section ____5(a).
(3) Prosecution of an individual of a misdemeanor for
submitting an application for employment as a private
security officer, for the issuance of a private security
officer's registration permit, or for renewal of such permit,
if such individual knowingly included false information in
such application.
(4) After notice, and a public hearing if requested by a
private security officer, suspension or revocation of such
officer's registration permit issued or renewed as a result
of application if such officer knowingly included false
information in such application.
(5) Administrative or judicial review of each penalty
imposed under paragraphs (1) through (4).
SEC. ____4. MORE STRINGENT REQUIREMENTS.
This subtitle shall not preclude or limit the authority of
a State to establish or maintain requirements that are more
stringent than the requirements described in this subtitle.
It was decided in the
Yeas
80
<3-line {>
negative
Nays
340
Para. 36.28 [Roll No. 139]
AYES--80
Abercrombie
Andrews (NJ)
Applegate
Bacchus (FL)
Berman
Bilbray
Blackwell
Borski
Collins (IL)
Collins (MI)
de la Garza
de Lugo (VI)
DeFazio
DeLauro
Dixon
Durbin
Engel
Faleomavaega (AS)
Farr
Fazio
Foglietta
Ford (MI)
Ford (TN)
Furse
Gejdenson
Gephardt
Gonzalez
Gutierrez
Hall (OH)
Hinchey
Hochbrueckner
Holden
Johnson (CT)
Johnston
Kanjorski
Kennedy
Kennelly
Klink
Kopetski
Kreidler
Lancaster
Lantos
Lewis (GA)
Martinez
McCloskey
McHale
McKinney
Menendez
Mfume
Mink
Mollohan
Moran
Murphy
Nadler
Norton (DC)
Ortiz
Owens
Pastor
Payne (NJ)
Pickle
Rangel
Reynolds
Roukema
Roybal-Allard
Sarpalius
Scott
Serrano
Sundquist
Swift
Tanner
Tejeda
Torricelli
Towns
Traficant
Underwood (GU)
Velazquez
Vento
Waxman
Woolsey
Young (AK)
NOES--340
Allard
Andrews (ME)
Andrews (TX)
Archer
Armey
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Bevill
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crapo
Cunningham
Danner
Darden
Deal
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
English
Eshoo
Evans
Everett
Ewing
Fawell
Fields (LA)
Fields (TX)
Filner
Fingerhut
Flake
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Gallegly
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hoagland
Hobson
Hoekstra
Hoke
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnson, Sam
Kaptur
Kasich
Kildee
Kim
King
Kingston
Kleczka
Klein
Klug
Knollenberg
Kolbe
Kyl
LaFalce
Lambert
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Mazzoli
McCandless
McCollum
McCrery
McCurdy
McDermott
McHugh
McInnis
McKeon
McMillan
Meehan
Meek
Meyers
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Moakley
Molinari
Montgomery
Moorhead
Morella
Murtha
Myers
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Orton
Oxley
Packard
Pallone
Parker
Paxon
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Roth
Rowland
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Sensenbrenner
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Swett
Synar
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Tucker
Unsoeld
Upton
Valentine
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Watt
Weldon
Wheat
Williams
Wilson
Wise
Wolf
Wyden
Wynn
Yates
Young (FL)
Zeliff
Zimmer
NOT VOTING--17
Ackerman
Bachus (AL)
Crane
Fish
Gallo
Geren
Gibbons
Grandy
Hyde
Matsui
McDade
McNulty
Rostenkowski
Slattery
Washington
Waters
Whitten
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. DARDEN, assumed the Chair.
When Mr. TORRICELLI, Chairman, reported that the Committee, having
[[Page 675]]
had under consideration said bill, had come to no resolution thereon.
Para. 36.29 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. FISH, for today and the balance of the week;
To Mr. McDADE, for today;
To Mr. McNULTY, for today; and
To Ms. WATERS, for today after 3:30 p.m.
And then,
Para. 36.30 adjournment
On motion of Mr. GINGRICH, at 7 o'clock and 52 minutes p.m., the House
adjourned.
Para. 36.31 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. SKELTON (for himself, Mr. Spence, Mr. Dicks, Mr.
Montgomery, Mr. Hutto, Mr. Bartlett of Maryland, Mr.
Bateman, Mr. Bilbray, Mr. Browder, Mr. Buyer, Mr.
Combest, Mr. Cunningham, Mr. Darden, Mr. Dornan, Mr.
Edwards of Texas, Mr. Everett, Mrs. Fowler, Mr. Pete
Geren of Texas, Mr. Glickman, Mr. Hansen, Mr. Hefley,
Mr. Hunter, Mr. Inhofe, Mr. Johnson of Georgia, Mr.
Kyl, Mr. Lancaster, Mr. Laughlin, Mr. Lewis of
California, Mr. Lewis of Florida, Mr. Livingston,
Mrs. Lloyd, Ms. Long, Mr. Machtley, Mr. McCurdy, Mr.
McHugh, Mr. Ortiz, Mr. Penny, Mr. Peterson of
Florida, Mr. Pickett, Mr. Ravenel, Mr. Rowland, Mr.
Saxton, Mr. Sisisky, Mr. Slattery, Mr. Solomon, Mr.
Stenholm, Mr. Stump, Mr. Talent, Mr. Tanner, Mr.
Taylor of Mississippi, Mr. Tejeda, Mr. Torkildsen,
and Mr. Weldon):
H.R. 4259. A bill to extend caps on defense and nondefense
discretionary spending through fiscal year 1998; to the
Committee on Government Operations.
By Mr. COYNE (for himself, Mr. Richardson, Mr. Upton,
Mr. Cooper, Mr. Frank of Massachusetts, Mr.
McDermott, Mr. Durbin, Ms. Eddie Bernice Johnson of
Texas, Mr. Leach, Mr. Moran, Mr. Underwood, Mr. Ford
of Tennessee, Mrs. Lowey, Mr. Hobson and Mrs.
Morella):
H.R. 4260. A bill to improve and protect the health of all
Americans through an increase in the funding available for
health research that holds the promise of the prevention,
cure, and treatment for disease and disability; jointly, to
the Committees on Energy and Commerce, Ways and Means,
Government Operations, and Rules.
By Mr. GONZALEZ:
H.R. 4261. A bill to establish the Commission on
International Coordination of Financial Regulation, and for
other purposes; to the Committee on Banking, Finance and
Urban Affairs.
By Mr. DARDEN (for himself, Mr. Deal, and Mr. Johnson
of Georgia):
H.R. 4262. A bill to amend the Higher Education Act of 1965
to require that recipients of Pell grants be citizens or
nationals of the United States; to the Committee on Education
and Labor.
By Mr. LaFALCE:
H.R. 4263. A bill to promote the participation of small
business enterprises, including minority small businesses, in
Federal procurement and Government contracts, and for other
purposes; to the Committee on Small Business.
By Mr. CONYERS:
H.R. 4264. A bill to express United States policy regarding
the restoration of democratic constitutional government in
Haiti, to grant temporary protected status to Haitians until
such a government is restored, and to terminate the migrant
interdiction agreement between the United States and Haiti;
jointly, to the Committees on Foreign Affairs and the
Judiciary.
By Mr. FROST:
H.R. 4265. A bill to enhance fairness in compensating
owners of patents used by the United States; to the Committee
on the Judiciary.
By Mr. GORDON:
H.R. 4266. A bill to expand the boundaries of the Stones
River National Battlefield in Tennessee, and for other
purposes; to the Committee on Natural Resources.
By Mr. KANJORSKI (for himself, Mr. Ridge, Mr. Dooley,
Mrs. Roukema, Mr. Klink, Mr. Hinchey, Mr. Fingerhut,
Mr. LaFalce, Mr. Holden, Mr. McHale, Mr. Borski, and
Mr. Klein):
H.R. 4267. A bill to reauthorize economic development
programs under the Public Works and Economic Development Act
of 1965 for fiscal years 1994 and 1995, to reenact the Public
Works and Economic Development Act of 1965 as the Economic
Development and Financing Act of 1994, and for other
purposes; to the Committees on Public Works and
Transportation; Banking, Finance, and Urban Affairs; the
Judiciary; and Science, Space, and Technology.
By Mr. SHAYS (for himself, Mr. Ballenger, Mr. Boehner,
and Mr. Penny):
H.R. 4268. A bill to amend certain provisions of title 5,
United States Code, relating to the age and service
requirements for entitlement to an immediate annuity under
the Civil Service Retirement System or the Federal Employees'
Retirement System, and for other purposes; to the Committee
on Post Office and Civil Service.
By Mr. SMITH of Texas:
H.R. 4269. A bill to amend the Internal Revenue Code of
1986 to reduce the tax on capital gains of individuals, and
for other purposes; to the Committee on Ways and Means.
By Mrs. UNSOELD:
H.R. 4270. A bill to amend the Head Start Act to extend
authorization of appropriations for programs under that act,
to strengthen provisions designed to provide quality
assurance and improvement, to provide for orderly and
appropriate expansion of such programs, and for other
purposes; to the Committee on Education and Labor.
By Mr. VISCLOSKY (for himself, Mr. Brown of California,
Mr. Abercrombie, Mr. Andrews of Maine, Mr. Applegate,
Mrs. Bentley, Mr. Berman, Mr. Bonior, Mr. Borski, Ms.
Brown of Florida, Mr. Brown of Ohio, Miss Collins of
Michigan, Mr. Conyers, Mr. DeFazio, Mr. Engel, Mr.
Evans, Mr. Farr, Mr. Fingerhut, Mr. Frost, Mr.
Hochbrueckner, Mr. Holden, Mr. Jacobs, Ms. Eddie
Bernice Johnson of Texas, Ms. Kaptur, Mr. Kleczka,
Mr. Klink, Mr. LaFalce, Mr. LaRocco, Mr. Lipinski,
Mrs. Lowey, Mr. Martinez, Mr. McCloskey, Mr. McHugh,
Mr. Miller of California, Mrs. Mink of Hawaii, Mr.
Mollohan, Mr. Murtha, Mr. Nadler, Mr. Olver, Mr.
Owens, Mr. Pallone, Mr. Rahall, Mr. Regula, Mr.
Reynolds, Mr. Sabo, Mr. Sanders, Mr. Sawyer, Ms.
Shepherd, Mr. Stokes, Mr. Torres, Ms. Velazquez, Mr.
Vento, Mr. Williams, and Mr. Yates):
H.R. 4271. A bill to provide for the establishment in the
General Agreement on Tariffs and Trade of a working party on
trade and worker rights and labor standards, and for other
purposes; to the Committee on Ways and Means.
By Mr. FARR (for himself, Mr. Hall of Ohio, and Mr.
Hobson):
H.R. 4272. A bill to amend title 10, United States Code, to
expand the authority of the U.S. Naval Postgraduate School to
admit civilians as students and to authorize the U.S. Air
Force Institute of Technology to admit civilians as students;
to the Committee on Armed Services.
By Mr. FARR (for himself, Mr. Hall of Ohio, and Mr.
Hobson):
H.R. 4273. A bill to amend title 10, United States Code, to
establish a temporary program to permit professional schools
of the Army Training and Doctrine Command to admit civilians
as students on a cost-reimbursable, space-available basis; to
the Committee on Armed Services.
By Mr. JACOBS:
H.J. Res. 358. A joint resolution designating September 18,
1994, through September 24, 1994, as ``Iron Overload Diseases
Awareness Week''; to the Committee on Post Office and Civil
Service.
By Mr. HOBSON:
H.J. Res. 359. Joint resolution to designate the week
beginning June 13, 1994, as ``National Parkinson's Disease
Awareness Week''; to the Committee on Post Office and Civil
Service.
By Mr. PETE GEREN of Texas:
H. Con. Res. 241. Concurrent resolution expressing the
sense of the Congress with respect to the railroad retirement
system; to the Committee on Energy and Commerce.
By Mr. HOEKSTRA:
H. Res. 409. Resolution providing for the consideration of
the bill (H.R. 3835) to establish a national advisory
referendum on limiting the terms of Members of Congress at
the general election of 1994, and for the consideration of
provisions for advisory referenda on a balanced budget
amendment and a Presidential line-item veto; to the Committee
on Rules.
Para. 36.32 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
346. By the SPEAKER: Memorial of the Senate of the State of
Arizona, relative to an amendment to the Constitution to
prohibit physical desecration of the American flag; to the
Committee on the Judiciary.
347. Also, memorial of the Senate of the State of Arizona,
relative to an amendment to the Constitution to provide the
President with an item veto in appropriations bills; to the
Committee on the Judiciary.
348. Also, memorial of the General Assembly of the
Commonwealth of Virginia, relative to highway signs; to the
Committee on Public Works and Transportation.
349. Also, Memorial of the Senate of the State of Arizona,
relative to tax-advantaged individual medical care savings
accounts; to the Committee on Ways and Means.
350. Also, memorial of the Legislature of the State of
Arizona, relative to individual medical care savings
accounts; to the Committee on Ways and Means.
351. Also, memorial of the Senate of the State of Arizona,
relative to the construction of the Dilkon Health Center;
jointly, to the Committees on Natural Resources and Energy
and Commerce.
Para. 36.33 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
[[Page 676]]
H.R. 65: Mr. Calvert and Mr. Bunning.
H.R. 140: Mr. Gekas, Mr. Ballenger, Mr. Barrett of
Nebraska, Mrs. Bentley, Mr. Bereuter, Mr. Bliley, Mr.
Combest, Mr. Crane, Mr. Dickey, Mrs. Fowler, Mr. Gingrich,
Mr. Goss, Mr. Hancock, Mr. Hobson, Mr. Horn, Mr. Houghton,
Mr. Hyde, Mrs. Johnson of Connecticut, Mr. Kolbe, Mr. Kyl,
Mr. Lazio, Mr. Leach, Mr. Linder, Mr. McMillan, Mrs. Meyers
of Kansas, Mr. Miller of Florida, Mr. Moorhead, Mr. Myers of
Indiana, Mr. Paxon, Mr. Regula, Mr. Saxton, Mr. Schaefer, Mr.
Skeen, Mr. Smith of Texas, Mr. Smith of Michigan, Mr. Spence,
Mr. Upton, Mr. Walker, Mr. Young of Florida, Mr. Zimmer, Mr.
Ehlers, Mr. Hutto, Mr. Traficant, and Mr. Allard.
H.R. 145: Mr. Gilchrest.
H.R. 546: Mr. Holden and Mr. Barlow.
H.R. 662: Mr. Hutchinson.
H.R. 710; Mr. Fingerhut.
H.R. 790: Mr. Kopetski.
H.R. 911: Mr. Clyburn, Mr. Williams, and Mr. Ackerman.
H.R. 963: Mr. Barcia of Michigan.
H.R. 1110: Mr. McCrery and Mr. Packard.
H.R. 1314: Mr. Baker of Louisiana.
H.R. 1532: Mr. Dickey, Mr. Beilenson, Mr. Skeen, Mr. Fields
of Texas, and Mr. Baker of California.
H.R. 1533: Ms. Slaughter, Mr. Hamburg, and Mr. Frank of
Massachusetts.
H.R. 1538: Mr. Owens, Mr. DeFazio, and Mr. Abercrombie.
H.R. 1595: Mrs. Clayton.
H.R. 1627: Mr. Williams.
H.R. 1671: Mr. Clinger and Mr. Pickle.
H.R. 1718: Mr. Owens.
H.R. 1767: Mr. Valentine, Mr. Smith of New Jersey, and Mr.
Andrews of New Jersey.
H.R. 1795: Mr. Calvert.
H.R. 1900: Mr. Tucker and Mr. Hayes.
H.R. 1999: Mr. Royce and Mr. Packard.
H.R. 2254: Mr. Reynolds and Mr. Inslee.
H.R. 2346: Ms. English of Arizona.
H.R. 2420: Ms. Brown of Florida, Mr. Wynn, and Mrs. Mink of
Hawaii.
H.R. 2442: Mr. Rogers.
H.R. 2720: Mr. Dornan, Mr. Schiff, Mr. Saxton, and Mr.
Price of North Carolina.
H.R. 2767: Mr. Dellums.
H.R. 3017: Mr. Brewster, Mr. Gilchrest, and Mr. Oxley.
H.R. 3105: Mr. Blute and Mr. Ewing.
H.R. 3182: Mr. Serrano.
H.R. 3213: Mr. McCrery.
H.R. 3288: Mr. DeFazio.
H.R. 3293: Mr. Andrews of Texas.
H.R. 3324: Mr. Evans and Mr. Frost.
H.R. 3342: Mr. Slattery and Mr. Stearns.
H.R. 3363: Ms. Molinari.
H.R. 3404: Mr. Payne of Virginia, Mr. Upton, and Mr. Evans.
H.R. 3434: Mr. Andrews of Texas, Mr. Kennedy, and Mr.
Lantos.
H.R. 3527: Ms. English of Arizona.
H.R. 3574: Mr. Lewis of Georgia.
H.R. 3593: Mr. Kasich, Mr. Boehner, Mr. Strickland, and Mr.
Mann.
H.R. 3614: Mr. Fingerhut, Mr. Hoke, and Mr. Smith of New
Jersey.
H.R. 3624: Mr. Cooper and Mr. Ewing.
H.R. 3720: Mr. Serrano.
H.R. 3811: Mr. Dellums.
H.R. 3821: Ms. Furse, Ms. Schenk, Mr. Dellums, Mr.
Hochbrueckner, Mr. Kopetski, and Mr. Gene Green of Texas.
H.R. 3822: Ms. Furse, Ms. Schenk, Mr. Dellums, Mr.
Hochbrueckner, Mr. Kopetski, and Mr. Gene Green of Texas.
H.R. 3830: Mr. Evans.
H.R. 3880: Mr. Burton of Indiana, Mr. Herger, Mr. Camp, and
Mr. Tauzin.
H.R. 3900: Mr. Lewis of Georgia and Mrs. Meek of Florida.
H.R. 3948: Mr. Applegate.
H.R. 3951: Mr. McHugh, Mr. Istook, and Mrs. Meyers of
Kansas.
H.R. 3955: Mr. Cramer, Mr. Thomas of Wyoming, Mr. Johnson
of Georgia, Mr. Sundquist, Mr. Peterson of Minnesota, Mr.
Stearns, Mr. Deal, and Mr. Herger.
H.R. 3990: Mr. Canady, Mr. Washington, and Mr. Parker.
H.R. 4036: Mr. Fingerhut.
H.R. 4042: Ms. Velazquez.
H.R. 4050: Mr. Mineta, Mr. Berman, Ms. Roybal-Allard, Mr.
Farr, Mr. Edwards of California, Mr. Hamburg, Ms. Eshoo, and
Mr. Dellums.
H.R. 4078: Mr. Frost.
H.R. 4091: Mr. Miller of California, Mr. Yates, Mrs.
Schroeder, and Mr. Filner.
H.R. 4095: Mr. Knollenberg.
H.R. 4127: Mr. Solomon.
H.R. 4129: Mr. Taylor of North Carolina, Mr. Spratt, Mr.
Coble, Ms. Woolsey, Mr. McHugh, Mr. Clyburn, Mr. Stump, Mrs.
Vucanovich, and Mr. Watt.
H.R. 4142: Mr. Dooley.
H.R. 4213: Mr. Underwood.
H.J. Res. 90: Mr. de la Garza, Mr. Flake, Mr. Emerson, and
Mr. Meehan.
H.J. Res. 209: Mr. Filner, Mr. Schaefer, Mrs. Roukema, Mr.
Fields of Texas, Mr. Dellums, Mr. Callahan, and Mr. Kleczka.
H.J. Res. 253: Mr. Rahall, Mr. Price of North Carolina, Mr.
de la Garza, Mr. Sabo, Mr. Pete Geren of Texas, Mr. Hamilton,
Ms. Slaughter, Mr. Torres, and Mr. Torkildsen.
H.J. Res. 302: Ms. Brown of Florida, Mr. Hefner, Mr.
McHugh, Mr. Clement, Mr. Rush, Mr. Dicks, Mr. Holden, Mr.
Rahall, Mr. Underwood, Mr. Klein, Mr. Coble, Mr. Berman, Mr.
Schaefer, Ms. English of Arizona, Mr. Hilliard, Mr.
McCloskey, Mr. Petri, Mr. Bacchus of Florida, Mr. Upton, Mr.
Neal of North Carolina, Mr. Rohrabacher, Miss Collins of
Michigan, Mr. Sawyer, Mr. Saxton, Mr. Wheat, and Mr. Gordon.
H.J. Res. 305: Mr. Glickman, Ms. Norton, Mr. Inslee, Mr.
Reynolds, Mr. Nadler, Mr. Andrews of New Jersey, Mr.
Rohrabacher, Mrs. Morella, Mr. Wynn, Mr. Gejdenson, Mr.
McDade, Mr. Torricelli, Mrs. Kennelly, Mr. Foglietta, Mr.
Fish, Mr. Moran, and Mr. Mazzoli.
H.J. Res. 328: Mr. Martinez and Mr. Clyburn.
H.J. Res. 333: Mr. King, Mr. Rahall, Mr. McDermott, Mr.
Lancaster, Mr. Mineta, Mr. Kleczka, Mr. Torricelli, Mr.
Bartlett of Maryland, Mr. Watt, Mr. Torres, and Mr.
Sarpalius.
H.J. Res. 342: Mr. Brown of Ohio, Mr. McHugh, Mr. Coble,
Mr. Bilbray, Mr. Bilirakis, Mr. Wilson, Mr. Schaefer, Mr.
Ravenel, Mr. Sanders, Mr. Greenwood, Mr. Torkildsen, Mr.
Weldon, Mr. Lantos, Ms. Furse, Mr. Hutto, Mr. LaRocco, Mr.
Paxon, Mr. Coyne, Mr. Andrews of Maine, Mr. Montgomery, Mr.
Livingston, Mr. Johnson of South Dakota, and Mr. Spence.
H.J. Res. 344: Mr. Frost, Mr. Walsh, Mr. Faleomavaega, Mr.
Stupak, Mr. Clyburn, Mr. Lipinski, Mr. Schaefer, Mr. Conyers,
Mr. Callahan, Mr. Coyne, Mr. Edwards of Texas, and Mr. Brown
of Ohio.
H. Con. Res. 7: Mr. Camp.
H. Con. Res. 17: Mr. Burton of Indiana, Mr. Dornan, Mr.
Manzullo, Mr. Saxton, Mr. Packard, Mr. Bartlett of Maryland,
Mr. Hunter, Mr. Doolittle, Mr. Baker of California, Mr. Smith
of New Jersey, Mr. Montgomery, Mrs. Vucanovich, Mr. Goss, Mr.
Cox, Mr. Costello, Mr. Duncan, Mr. Cunningham, Mr. McCollum,
Mr. Hayes, Mr. Poshard, Mr. Smith of Michigan, Mr. Coble, Mr.
Shaw, Mr. Mica, Mr. Dreier, Mr. Armey, Mr. Lipinski, Mr.
Roberts, Mr. Bunning, Mr. Hyde, Mr. DeLay, Mrs. Bentley, Mr.
Sundquist, Mr. Traficant, Mr. Pombo, Mr. Gekas, Mr. Walker,
Ms. Molinari, Mr. Stenholm, Mr. Archer, Mr. McMillan, Mr.
Hastert, Mr. Sensenbrenner, Mr. Chapman, Mr. Bliley, Mr.
Myers of Indiana, Mr. Smith of Oregon, Mr. Santorum, Mr.
Paxon, and Mr. Kasich.
H. Con. Res. 35: Ms. Furse and Mr. Vento.
H. Con. Res. 84: Mr. Gallo.
H. Con. Res. 147: Ms. English of Arizona.
H. Con. Res. 166: Mr. Stark, Mr. Clay, and Mr. Barrett of
Wisconsin.
H. Con. Res. 176: Mr. Ackerman, Mr. Torkildsen, Mr.
Rohrabacher, Ms. McKinney, Mrs. Thurman, Mr. Fingerhut, Mr.
Roberts, Mr. Inhofe, Mr. Pomeroy, Mr. Sarpalius, Mr. Barrett
of Nebraska, Mr. Waxman, Mr. Gutierrez, Mr. Pete Geren of
Texas, and Mr. Kingston.
H. Con. Res. 179: Mr. Holden.
H. Con. Res. 202: Mr. Strickland.
H. Res. 36: Mrs. Meyers of Kansas.
H. Res. 56: Mr. Swett.
H. Res. 234: Mr. Andrews of New Jersey, Mr. Young of
Alaska, Mr. DeFazio, Ms. Danner, Mr. Diaz-Balart, Mr.
Pickett, Mr. Bereuter, Mr. Martinez, Mrs. Schroeder, Ms.
Harman, Ms. English of Arizona, and Mr. Holden.
H. Res. 270: Mr. Grandy.
H. Res. 277; Mr. Doolittle and Mr. Rogers.
H. Res. 383: Mr. Bartlett of Maryland.
Para. 36.34 petitions, etc.
Under clause 1 of rule XXII,
89. The Speaker presented a petition of the Legislature of
Rockland County, NY, relative to labeling of dairy products
by cows injected with BST; which was referred to the
Committee on Energy and Commerce.
Para. 36.35 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 1490: Ms. Long.
.
THURSDAY, APRIL 21, 1994 (37)
The House was called to order by the SPEAKER.
Para. 37.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Wednesday, April 20, 1994.
Mr. TRAFICANT, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Mr. TRAFICANT objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
256
When there appeared
<3-line {>
Nays
161
Para. 37.2 [Roll No. 140]
YEAS--256
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Castle
Chapman
[[Page 677]]
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Greenwood
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Houghton
Hoyer
Hughes
Hutchinson
Hutto
Hyde
Inglis
Inslee
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kingston
Kleczka
Klein
Klink
Kopetski
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Myers
Nadler
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Porter
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Watt
Waxman
Wheat
Williams
Wilson
Woolsey
Wyden
Wynn
Yates
NAYS--161
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Clay
Coble
Collins (GA)
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gingrich
Goodlatte
Goodling
Goss
Grams
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Huffington
Hunter
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kim
King
Klug
Knollenberg
Kolbe
Kreidler
Kyl
Lazio
Leach
Levy
Lewis (FL)
Lightfoot
Linder
Livingston
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Murphy
Nussle
Oxley
Packard
Paxon
Petri
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--15
Andrews (NJ)
Boucher
Brown (CA)
Engel
Fish
Gallo
Grandy
Johnson (GA)
Lewis (CA)
Neal (NC)
Parker
Washington
Waters
Whitten
Wise
So the Journal was approved.
Para. 37.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3028. A letter from the General Counsel, Department of the
Treasury, transmitting a draft of proposed legislation to
amend the Bretton Woods Agreements Act to authorize consent
to and authorize appropriations for the U.S. contribution to
the Global Environment Facility, and for other purposes,
pursuant to 31 U.S.C. 1110; to the Committee on Banking,
Finance and Urban Affairs.
3029. A letter from the Secretary of Health and Human
Services, transmitting a draft of proposed legislation to
extend the authorization of appropriations for the Family
Resource and Support Program under the Claude Pepper Young
Americans Act of 1990, and for other purposes, pursuant to 31
U.S.C. 1110; to the Committee on Education and Labor.
3030. A letter from the Secretary of Energy, transmitting
the Department's report on the status of Exxon and stripper
well oil overcharge funds as of December 30, 1993; to the
Committee on Energy and Commerce.
3031. A letter from the Director, Defense Security
Assistance Agency, transmitting notification of the
Department of the Army's proposed Letter(s) of Offer and
Acceptance [LOA] to the Netherlands for defense articles and
services (Transmittal No. 94-21), pursuant to 22 U.S.C.
2776(b); to the Committee on Foreign Affairs.
3032. A letter from the Comptroller General of the United
States, General Accounting Office, transmitting the list of
all reports issued or released in March 1994, pursuant to 31
U.S.C. 719(h); to the Committee on Government Operations.
3033. A letter from the Chairman of the Board, Pension
Benefit Guaranty Corporation, transmitting the Pension
Benefit Guaranty Corporation's [PBGC] management report for
fiscal year 1993, pursuant to Public Law 101-576, section
306(a) (104 Stat. 2854); to the Committee on Government
Operations.
3034. A letter from the Deputy Associate Director for
Compliance, Department of the Interior, transmitting notice
of proposed refunds of excess royalty payments in OCS areas,
pursuant to 43 U.S.C. 1339(b); to the Committee on Natural
Resources.
3035. A letter from the Secretary of the Interior,
transmitting the biennial report on the quality of water in
the Colorado River Basin (Progress Report No. 16, January
1993), pursuant to 43 U.S.C. 1596; to the Committee on
Natural Resources.
3036. A letter from the President, the Foundation of the
Federal Bar Association, transmitting a copy of the
association's audit report for the fiscal year ending
September 30, 1993, pursuant to 36 U.S.C. 1101(22), 1103; to
the Committee on the Judiciary.
Para. 37.4 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed the following resolutions:
S. Res. 200
Resolved, That the House of Representatives be notified of
the election of the Honorable Martha S. Pope as Secretary of
the Senate.
S. Res. 202
Resolved, That the House of Representatives be notified of
the election of the Honorable Robert Laurent Benoit as
Sergeant at Arms and Doorkeeper of the Senate.
The message also announced that the Senate had passed without
amendment a bill of the House of the following title:
H.R. 3693. An Act to designate the United States courthouse
under construction in Denver, Colorado, as the ``Byron White
United States Courthouse''.
The message also announced that the Senate had passed a bill and joint
resolutions of the following titles, in which the concurrence of the
House is requested:
S. 2024. An Act to provide temporary obligational authority
for the airport improvement program and to provide for
certain airport fees to be maintained at existing levels for
up to 60 days, and for other purposes.
S.J. Res. 161. Joint resolution to designate April 1994, as
``Civil War History Month''.
S.J. Res. 174. Joint resolution to designate the week
beginning April 24, 1994 as ``National Crime Victims' Rights
Week''.
The message also announced that the Senate agreed to the amendment of
the House to the bill (S. 375) entitled ``An Act to amend the Wild and
Scenic Rivers Act by designating a segment of the Rio Grande in New
Mexico as a component of the National Wild and Scenic Rivers System, and
for other purposes.''
The message also announced that the Senate agreed to the amendment of
the House to the bill (S. 1574) entitled ``An Act to authorize
appropriations for the Coastal Heritage Trail Route in the State of New
Jersey, and for other purposes.''
The message also announced that the Senate agreed to the amendments of
the House to the amendment of the Senate to the bill (H.R. 821) ``An Act
to amend title 38, United States Code, to extend eligibility for burial
in national cemeteries to persons who have 20 years of service
creditable for retired pay as members of a reserve component of the
Armed Forces.''
The message also announced that pursuant to sections 276d-276g, of
title
[[Page 678]]
22, United States Code, as amended, the Chair, on behalf of the Vice
President, appointed Mr. Murkowski, as vice chairman of the Senate
delegation to the Canada-United States Interparliamentary Group during
the second session of the 103d Congress, vice Mr. Stevens.
The message also announced that pursuant to sections 276h-276k, of
title 22, United States Code, as amended, the Chair, on behalf of the
Vice President, appointed Mr. Grassley, Mr. Specter, and Mr. Murkowski,
as members of the Senate delegation to the Mexico-United States
Interparliamentary Group during the second session of the 103d Congress,
to be held in Huatulco, Mexico, April 22-25, 1994.
Para. 37.5 crime control
The SPEAKER pro tempore, Mr. McNULTY, pursuant to House Resolution 401
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 4092) to control and prevent crime.
Mr. TORRICELLI, Chairman of the Committee of the Whole, resumed the
chair; and after some time spent therein,
Para. 37.6 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment, as modified, submitted by Mr.
HUGHES:
At the end, add the following:
TITLE .--COCAINE PENALTY STUDY
SEC. . COCAINE PENALTY STUDY.
Not later than December 31, 1994, the United States
Sentencing Commission shall submit a report to the Congress
on issues relating to sentences applicable to offenses
involving the possession or distribution of all forms of
cocaine. The report shall address the different penalty
levels which apply to different forms of cocaine, and include
any recommendations the Commission may have for retention or
modification of these differences in penalties.
It was decided in the
Yeas
424
<3-line {>
affirmative
Nays
0
Para. 37.7 [Roll No. 141]
AYES--424
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Faleomavaega (AS)
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Oberstar
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--13
Andrews (NJ)
Camp
Dickey
Fish
Gallo
Grandy
Johnston
Lewis (CA)
Obey
Pelosi
Ridge
Washington
Whitten
So the amendment, as modified, was agreed to.
The Committee rose informally to receive a message from the President.
The SPEAKER pro tempore, Mr. COYNE, assumed the Chair.
Para. 37.8 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. McCathran, one of his secretaries.
The Committee resumed its sitting; and after some further time spent
therein,
Para. 37.9 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment, as modified, submitted by Mr.
FRANKS of New Jersey:
Add at the end the following new title:
TITLE --INMATE REHABILITATION
SEC. . EDUCATION REQUIREMENT FOR EARLY RELEASE.
Section 3624(b) of title 18, United States Code, is
amended--
(1) by inserting ``(1)' after ``behavior.--'';
(2) by striking ``Such credit toward service of sentence
vests at the time that it is received. Credit that has vested
may not later be withdrawn, and credit that has not been
earned may not later be granted,'' and inserting ``Credit
that has not been earned may not later be granted,''; and
(3) by adding at the end the following:
``(2) Credit toward a prisoner's service of sentence shall
not be vested unless the prisoner has earned a high school
diploma or an equivalent degree.
(3) The Attorney General shall ensure that the Bureau of
Prisons has in effect an optional General Educational
Development program for inmates who have not earned a high
school diploma or its equivalent.''.
``(4) Exemptions to the General Educational Development
requirement may be made as deemed necessary by the Director
of the Federal Bureau of Prisons.''.
It was decided in the
Yeas
347
<3-line {>
affirmative
Nays
82
Para. 37.10 [Roll No. 142]
AYES--347
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Beilenson
Bentley
Bereuter
Bevill
Bilbray
[[Page 679]]
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Carr
Chapman
Clayton
Clement
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeLauro
DeLay
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
English
Eshoo
Evans
Everett
Ewing
Faleomavaega (AS)
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Fingerhut
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kyl
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Menendez
Meyers
Mica
Michel
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Neal (MA)
Neal (NC)
Nussle
Obey
Orton
Oxley
Packard
Pallone
Parker
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Royce
Sangmeister
Santorum
Sarpalius
Saxton
Schaefer
Schenk
Schiff
Sensenbrenner
Shaw
Shays
Shepherd
Shuster
Sisisky
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Strickland
Stump
Stupak
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torricelli
Traficant
Unsoeld
Upton
Valentine
Vento
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wheat
Williams
Wilson
Wise
Wolf
Wyden
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--82
Becerra
Berman
Blackwell
Bonior
Brown (CA)
Cardin
Castle
Clay
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Coyne
de Lugo (VI)
DeFazio
Dellums
Dixon
Edwards (CA)
Engel
Filner
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Gejdenson
Gillmor
Gonzalez
Hamburg
Hastings
Hilliard
Hughes
Jacobs
Kennelly
Kopetski
Kreidler
LaFalce
Lewis (GA)
Matsui
McDermott
Meek
Mfume
Miller (CA)
Mollohan
Nadler
Norton (DC)
Oberstar
Olver
Ortiz
Owens
Pastor
Payne (NJ)
Pelosi
Rangel
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Skaggs
Stark
Stokes
Studds
Swift
Synar
Torres
Towns
Tucker
Underwood (GU)
Velazquez
Visclosky
Waters
Watt
Waxman
Woolsey
Yates
NOT VOTING--8
Andrews (NJ)
Fish
Gallo
Grandy
Lewis (CA)
Sharp
Washington
Whitten
So the amendment, as modified, was agreed to.
The SPEAKER pro tempore, Mrs. KENNELLY, assumed the Chair.
When Mr. TORRICELLI, Chairman, pursuant to House Resolution 401,
reported the bill back to the House with sundry amendments adopted by
the Committee.
The previous question having been ordered by said resolution.
The following amendments, reported from the Committee of the Whole
House on the state of the Union, were agreed to:
Insert at an appropriate place the following:
SEC. . DISPLAY OF FLAGS AT HALF STAFF.
(a) Public Law 87-726--The first section of Public Law 87-
726 (36 U.S.C. 167) is amended--
(1) By striking ``(2)'' and inserting ``(3)'';
(2) by inserting after clause (1) the following new clause:
``(2) directing the officials of the Government to display at
half-staff the flag of the United States on all Government
buildings on such day, as provided by section 3(m) of the Act
of June 22, 1942 (Chapter 435; 56 Stat. 377; 36 U.S.C.
175),'';
(3) by striking ``(3)'' and inserting ``(4)''; and
(4) by inserting in paragraph (4) ``, including the display
at half-staff of the flag of the United States'' after
``activities''.
(b) Act of June 22, 1942.--Section 3(m) of the Act of June
22, 1942 (Chapter 435; 56 Stat. 377; 36 U.S.C. 175) is
amended by inserting ``The flag shall be flown at half-staff
on Peace Officers Memorial Day, unless that day is also Armed
Forces Day.'' after ``a Member of Congress.''.
Insert at an appropriate place the following:
SEC. . SENSE OF CONGRESS WITH RESPECT TO VIOLENCE AGAINST
TRUCKERS.
(a) Findings.--Congress finds that--
(1) there are 8,000,000 workers in the trucking industry in
the United States, some working for large carriers and some
for small carriers, some for private carriers and some owner
operators, all assisting the free flow commerce by
transporting all types of commodities that enter, leave, or
move within this country;
(2) unemployment, crime, and drug use have contributed to
an increase of violence against commercial truckers, an
increase that has gone unrecognized by the public at large;
(3) few State or local authorities report violent crimes
against truckers as such to the Federal Bureau of
Investigation, statistics do not reflect this fast-growing
and increasingly violent segment of crime;
(4) the Federal Bureau of Investigation investigated 282
truck hijackings involving crimes of violence in 1993, not
including attempted crimes and crimes addressed by State,
county, and local authorities;
(5) the Federal Government in large measure finances the
highway system the trucking industry uses, collecting large
sums in taxes from the industry, and licenses and regulates
the industry and its drivers, entailing a concomitant
responsibility to protect them against crime;
(6) Federal law provides protections to truckers in among
others, sections 33 and 1951 of title 18, United States Code,
but currently Federal prosecutions are not undertaken unless
certain monetary thresholds of loss are met.
(b) Sense of Congress.--It is the sense of Congress that--
(1) when there is Federal jurisdiction, Federal authorities
should prosecute to the fullest extent of the law murders,
rapes, burglaries, kidnappings and assaults committed against
commercial truckers; and
(2) appropriate Federal agencies should acknowledge this
problem and place a priority on evaluating how best to
prevent these crimes and apprehend those involved, and
continue to coordinate their activities with multi-
jurisdictional authorities to combat violent crimes committed
against truckers.
Page 272, line 5, after ``minorities,'' insert ``providing
specialized domestic violence court advocates in courts where
a significant number of protective orders are granted,''.
Add at an appropriate place the following:
SEC. . PASSPORT AND VISA OFFENSES PENALTIES IMPROVEMENT.
(a) In General.--Chapter 75 of title 18, United States
Code, is amended--
(1) in section 1541, by striking ``not more than $500 or
imprisoned not more than one year'' and inserting ``under
this title or imprisoned not more than 10 years'';
(2) in each of sections 1542, 1543, and 1544, by striking
``not more than $2,000 or imprisoned not more than five
years'' and inserting ``under this title or imprisoned not
more than 10 years'';
(3) in section 1545, by striking ``not more than $2,000 or
imprisoned not more than three years'' and inserting ``under
this title or imprisoned not more than 10 years'';
(4) in section 1546(a), by striking ``five years'' and
inserting ``10 years'';
(5) in section 1546(b), by striking ``in accordance with
this title, or imprisoned not more than two years'' and
inserting ``under this title or imprisoned not more than
10''; and
(6) by adding at the end the following.
``Sec. 1547. Alternative imprisonment maximum for certain
offenses
``Notwithstanding any other provision of this title, the
maximum term of imprisonment that may be imposed for an
offense under this chapter (other than an offense under
section 1545)--
``(1) if committed to facilitate a drug trafficking crime
(as defined in 929(a) of this title) is 15 years; and
[[Page 680]]
``(2) if committed to facilitate an act of international
terrorism (as defined in section 2331 of this title) is 20
years.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 75 of title 18, United States Code, is
amended by adding at the end the following new item:
``1547. Alternative imprisonment maximum for certain offenses.''.
Page 111, line 16, strike ``and''.
Page 111, line 18, strike the period and insert ``; and''.
Page 111, after line 18, insert the following:
(3) coordinate crime prevention programs funded under this
program with other existing Federal programs to address the
overall needs of communities that benefit from grants
received under this title.
Page 172, line 15, strike ``or''.
Page 172, line 17, strike the period and insert ``; or''.
Page 172, after line 17, insert the following:
``(C) coordination of crime prevention programs funded
under this title with other existing Federal programs to meet
the overall needs of communities that benefit from funds
received under this section.
Add at the end the following:
TITLE --FINANCIAL INSTITUTION FRAUD
SEC. . FINANCIAL INSTITUTION FRAUD.
Section 528 of Public Law 101-509, approved November 5,
1990, is amended by striking ``with the authority of the
Resolution Trust Corporation or its successor'' at the end of
subsection (b)(2) and inserting ``on December 31, 2004''.
At the end of the bill, add the following:
TITLE --AUTHORIZATION
SEC. . AUTHORIZATION OF APPROPRIATIONS
There is authorized to be appropriated for the activities
of the Bureau of Alcohol, Tobacco and Firearms, the United
States Customs Service, the Financial Crimes Enforcement
Network, the Federal Law Enforcement Training Center, the
Criminal Investigation Division of the Internal Revenue
Service, and the United States Secret Service, in addition to
sums authorized elsewhere in this Act, not to exceed
$210,000,000 for each of the fiscal years 1995, 1996, 1997,
1998, and 1999 to help meet the Department of the Treasury's
increased law enforcement activities.
Add at the end the following:
TITLE --CONVERSION OF CLOSED MILITARY INSTALLATIONS
SEC. . CONVERSION OF THREE CLOSED MILITARY INSTALLATIONS
INTO FEDERAL PRISON FACILITIES.
(a) Study of Suitable Bases.--The Secretary of Defense and
the Attorney General shall jointly conduct a study of all
military installations selected before the date of the
enactment of this Act to be closed pursuant to a base closure
law for the purpose of evaluating the suitability of any of
these installations, or portions of these installations, for
conversion into Federal prison facilities. As part of the
study, the Secretary and the Attorney General shall identify
the three military installations so evaluated that are most
suitable for conversion into Federal prison facilities.
(b) Suitability for Conversion.--In evaluating the
suitability of a military installation for conversion into a
Federal prison facility, the Secretary of Defense and the
Attorney General shall consider the estimated cost to convert
the installation into a prison facility, the proximity of the
installation to overcrowded Federal and State prison
facilities, and such other factors as the Secretary and the
Attorney General consider to be appropriate.
(c) Transfer to Attorney General.--Notwithstanding any
other provision of law regarding disposal of military
installations selected to be closed pursuant to a base
closure law, the Secretary of Defense shall transfer, without
reimbursement, jurisdiction over the three installations
identified under subsection (a) to the Attorney General for
conversion into Federal prison facilities. The Federal prison
facilities established using these installations shall be
designed to incarcerate persons convicted of a Federal
violent felony. Upon a space available basis, the Attorney
General may accept transfers from overcrowded State prisons
if the persons to be transferred had previously been
convicted of a Federal violent felony or are serving a
sentence of more then 20 years.
(d) Time for Study.--The study required by subsection (a)
shall be completed not later than 180 days after the date of
the enactment of this Act.
(e) Definitions.--For purposes of this section:
(1) The term ``base closure law'' means--
(A) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note); or
(B) Title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note).
(2) The term ``violent felony'' has the meaning given that
term in section 3581(c)(2) of title 18, United States Code.
At the appropriate place, insert the following (and
redesignate accordingly):
SEC. . COMMISSION MEMBERSHIP AND APPOINTMENT.
(a) Membership.--Section 211(B)(f) of Public Law 101-515
(104 Stat. 2123) is amended to read as follows:
``(a) Number and Appointment.--The Commission shall be
composed of 25 members as follows:
(1) Seven individuals appointed from national law
enforcement organizations representing law enforcement
officers, of whom--
(A) two shall be appointed by the Speaker of the House of
Representatives;
(B) two shall be appointed by the majority leader of the
Senate;
(C) one shall be appointed by the minority leader of the
House of Representatives;
(D) one shall be appointed by the minority leader of the
Senate; and
(E) one shall be appointed by the President.
(2) Seven individuals appointed from national law
enforcement organizations representing law enforcement
management, of whom--
(A) two shall be appointed by the Speaker of the House of
Representatives;
(B) two shall be appointed by the majority leader of the
Senate;
(C) one shall be appointed by the minority leader of the
House of Representatives;
(D) one shall be appointed by the minority leader of the
Senate; and
(E) one shall be appointed by the President.
(3) Two individuals appointed with academic expertise
regarding law enforcement issues, of whom--
(A) one shall be appointed by the Speaker of the House of
Representatives and the majority leader of the Senate; and
(B) one shall be appointed by the minority leader of the
Senate and the minority leader of the House of
Representatives.
(4) Two Members of the House of Representatives, appointed
by the Speaker and the minority leader of the House of
Representatives.
(5) Two Members of the Senate, appointed by the majority
leader and the minority leader of the Senate.
(6) One individual involved in Federal law enforcement from
the Department of the Treasury; appointed by the President.
(7) One individual from the Department of Justice,
appointed by the President.
(8) One individual representing a State or local
governmental entity, such as a Governor, mayor, or State
attorney general, to be appointed by the majority leader of
the Senate.
(9) One individual representing a State or local
governmental entity, such as a Governor, mayor, or State
attorney general, to be appointed by the Speaker of the House
of Representatives.
(10) One individual representing a State or local
governmental entity, such as a Governor, mayor, or State
attorney general, to be appointed by the President.''.
(b) Report.--Section 211(B)(p) of Public Law 101-515 (104
Stat. 2124) is amended by striking ``the expiration'' and all
that follows through ``this Act,'' and inserting ``March 31,
1996,''
SEC. . CONFORMING AMENDMENT.
Section 3404(a) of Public Law 101-647 (42 U.S.C. 3721 note)
is repealed.
Page 386, after line 16 (at the end of the bill), add the
following new title (and amend the table of titles
accordingly):
TITLE XXIV--EXPLOSIVES CRIME PENALTIES
SEC. 2401. ENHANCED PENALTY FOR SECOND OFFENSE OF USING AN
EXPLOSIVE TO COMMIT A FELONY.
Pursuant to its authority under section 994 of title 28,
United States Code, the United States Sentencing Commission
shall promulgate amendments to the sentencing guidelines to
appropriately enhance penalties in a case in which a
defendant convicted under section 844(h) of title 18, United
States Code, has previously been convicted under that
section.
SEC. 2402. THEFT OF EXPLOSIVES.
Section 844 of title 18, United States Code, is amended by
adding at the end the following new subsection:
``(k) A person who steals any explosives materials which
are moving as, or are a part of, or which have moved in,
interstate or foreign commerce shall be imprisoned for not
more than 10 years, fined under this title, or both.''.
SEC. 2403. POSSESSION OF EXPLOSIVES BY FELONS AND OTHERS.
Section 842(i) of title 18, United States Code, is amended
by inserting ``or possess'' after ``to receive''.
SEC. 2404. THEFT OF EXPLOSIVES FROM LICENSEE.
Section 844 of title 18, United States Code, is amended by
adding at the end the following new subsection:
``(l) A person who steals any explosive material from a
licensed importer, licensed manufacturer, or licensed dealer,
or from any permittee shall be fined under this title,
imprisoned not more than 10 years, or both.''.
SEC. 2405. DISPOSING OF EXPLOSIVES TO PROHIBITED PERSONS.
Section 842(d) of title 18, United States Code, is amended
by striking ``licensee'' and inserting ``person''.
Add at the end of title X the following:
Subtitle --Hope in Youth Program
SEC. 1. FINDINGS.
The Congress finds the following:
(1) Larger cities around the country, particularly those
those involved in empowerment zones, are attempting to
empower low-income and ethnic minority communities.
(2) Programs that involve local government and local
community leaders and which include significant participation
by service providers, service participants, and service
funders, as equal partners in the design and direction of a
myriad of social serv-
[[Page 681]]
ice support programs have been among the most effective
demonstration models.
(3) Programs that attempt to link disenfranchised and
disconnected citizens through an umbrella organization that
provides guidance to public and private service providers
have proven to be an effective strategy for empowering local
low-income communities.
(4) Families in low-income communities have not attained
their full potential as productive citizens, and Federal
efforts thus far, have been insufficient to assist them in
fully realizing that potential.
SEC. 2. PROGRAM AUTHORITY.
The Secretary of Health and Human Services (in this
subtitle referred to as the ``Secretary'') may make grants to
eligible may make grants to eligible service providers in one
or more political subdivisions of a State containing an area
designated as an empowerment zone, as authorized under the
Omnibus Budget Reconciliation Act of 1993 (Public Law 103-
66), that have submitted an approved plan to establish
advisory organization in low-in-come communities within the
political subdivision containing an empowerment zone which
will serve as umbrella agencies for strategic planning and
evaluation of service programs serving the low-income
communities in which the advisory organization operates.
SEC. 3. PROGRAM REQUIREMENTS.
Each advisory organization established as described in
section 2 shall--
(1) provide a permanent multi-issue forum for public policy
discussion which will serve as part of a stable
infrastructure of community outreach and support,
(2) develop a mechanism by which local support service
providers may be evaluated and assessed in the level of
service they provide to the community, and which establishes
a method for advisory organization participants to review and
participate in efforts to maintain or increase the quality of
services provided by such providers,
(3) create an Family Outreach Team approach which provides
a youth worker, a parent worker, and a school-parent
organizer to provide training in outreach, mentoring,
community organizing and peer counseling and mentoring to
locally recruited volunteers in a particular area. The Family
Outreach Team assists such volunteers in outreach,
development and coordination of service delivery from among
the service providers in the area, including the schools.
(4) establish processes by which local public agencies can
effectively involve the private sector in the provision of
services that meet the needs of local communities,
(5) establish processes of coalition building in which
diverse groups within low-income communities attempt to low-
income communities, and
(6) create a training program to foster community-based
leadership in low-income communities.
SEC. 4. ELIGIBLE PROVIDERS.
Consortia of public and private nonprofit local social
service organizations that have a proven ability to involve
disparate populations of low-income citizens and competing
service providers are eligible to receive grants under
section 2.
SEC. 5. APPLICATIONS.
Applications may be submitted, for approval by the
Secretary, by eligible service providers at such time and in
such manner as the Secretary may reasonably require. Such
applications shall contain--
(1) assurances that selection of participants,
organizations, and citizens will not be on the basis of
religious preference or affiliation,
(2) assurances that participating organizations and
citizens will not offer services based on any religious
preference or affiliation, and
(3) assurances that such service provides will, to the
extent practicable, involve participation by citizens not
traditionally involved in such activities, including homeless
individuals, alcohol- and drug-addicted individuals, and gang
involved or violent youth.
SEC. 6. EVALUATION.
The Secretary shall commence a program to evaluate the
success and effectiveness of this program 2 years after the
program has received an appropriation, and such evaluation
shall be completed no later than 1 year after the second
program year has been completed. A report thereon shall be
submitted to the Congress within 60 days of the completion of
the evaluation.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $20,000,000 for
fiscal year 1995, and such sums as are necessary for each of
fiscal years 1996, 1997, and 1998 to carry out this subtitle.
Subtitle --Gang Prevention Services for Boys and Girls
SEC. 1. FINDINGS.
The Congress finds that--
(1) services provided through existing federally supported
gang prevention programs do not adequately address the needs
of boys and girls in communities with high levels of gang
activity and other barriers to service (such as large
concentrations of minority populations that have limited
English speaking proficiency, geographically isolated
populations, and communities in which social service
providers are limited or nonexistent);
(2) children that are exposed to gang activity at an early
age are more likely to become gang-involved than children who
are exposed to such activity later in life, or children that
are never exposed to such activity;
(3) gangs are increasingly targeting younger children for
recruitment, especially children at middle schools and
elementary schools;
(4) Federal studies indicate that violent crime has
increased more significantly in the gang population compared
to the adult population; and
(5) small community-based service agencies with strong ties
to the educational and law enforcement systems offer the best
chance to prevent young children from becoming involved in
gangs.
SEC. 2. PROGRAM AUTHORITY.
The Administrator of the Office of Juvenile Justice and
Delinquency Prevention (hereafter referred to as the
``Administrator''), in consultation with the Department of
Education and the Department of Health and Human Resources,
may make grants to eligible service providers to carry out
programs that prevent young children from becoming gang
involved. In making such grants, the Administrator shall give
a priority to eligible service providers that have a proven
track record of serving young children and have an overall
budget of not more than $750,000 a fiscal year, prior to
receiving a grant under this section.
SEC. 3. PROGRAM REQUIREMENTS.
The eligible service providers receiving a grant under
section 2 shall--
(1) provide a comprehensive array of support services to
assist the participants to reach their full potential as a
contributing law-abiding citizen (such support services may
include, but not be limited to: education and health
services; career development training; music/art/drama
activities; physical fitness training; life skills training;
mental health counseling; and job placement counseling);
(2) to the extent practical, involve the parents and other
family members of participating children, and the members of
local organizations that support the educational and law
enforcement institutions of the community, as is appropriate,
in the administration and operation of the gang prevention
program;
(3) utilize community resources and related support
services as needed in the operation of the program;
(4) accept referrals from public institutions, as is
appropriate, such as law enforcement, mental health, local
school systems, and other entities of local government; and
(5) utilize volunteer staff, including participants in
programs funded under the National and Community Service
Program, Public Law 103-62, to the maximum extent practicable
in the operation of the program.
SEC. 4. ELIGIBLE PROVIDERS.
Community-based service providers, as defined in the
Juvenile Justice and Delinquency Prevention Act of 1974, that
have a proven track record of providing services to children
ages 5 to 18 shall be eligible to apply for funds under this
subtitle. A priority shall be given to those service
providers that have a history of providing services uniquely
designed to meet the needs of young children such as the Boys
and Girls Clubs of America or service providers that display
the potential for providing such targeted services.
SEC. 5. ELIGIBLE PARTICIPANTS.
Children that have the potential, because of community
composition and other factors, to come into contact with
gangs, or who have a family member that has come into contact
with a gang, and are not more than 18 years old at the time
of entry into the program, shall be eligible to receive
services provided by programs receiving assistance under this
subtitle.
SEC. 6. APPLICATIONS PROCESS.
Eligible service providers may submit to the Administrator,
for approval, an application in such form at such time as the
Administrator deems appropriate.
SEC. 7. EVALUATION.
The Administrator shall conduct an evaluation of the
effectiveness of the program model grants authorized under
this subtitle, and the extent to which it can be replicated
by other local communities. The Administrator shall report to
the Congress no later than January 1, 1999, on the details of
such evaluations.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $20,000,000 for
fiscal year 1995, and such sums as may be necessary for
fiscal years 1996, 1997, and 1998 to carry out this subtitle.
Subtitle --Anticrime Youth Councils
SEC. . PURPOSE.
The purpose of this subtitle is to provide for the
establishment of youth anticrime councils to give
intermediate and secondary school students a structured forum
through which to work with community organizations, law
enforcement officials, government and media representatives,
and school administrators and faculty to address issues
regarding youth and violence. The purpose of such councils is
to empower local youth and ensure that their recommendations
for preventing youth involvement in crime and violence will
be heard and possibly incorporated into community anticrime
strategies.
SEC. . AUTHORITY TO MAKE GRANTS.
The Administrator of the Office of Juvenile Justice and
Delinquency Prevention (in this subtitle referred to as the
``Administrator'') may make grants to pubic and nonprofit
community-based organizations to establish regional anticrime
youth councils each of which is composed of intermediate and
secondary school students who represent all the schools in a
separate congressional district.
SEC. . APPLICATIONS FOR GRANTS.
To request a grant under section 2, a public and
nonprofit community-based organiza-
[[Page 682]]
tions shall submit to the Administrator an application in
such form and containing such information as the
Administrator may require by rule, including assurances
that--
(1) the anticrime youth council with respect to which such
grant is requested will be--
(A) selected by a teacher or administrator of an
intermediate or secondary school in the congressional
district involved, in consultation with teachers and
administrators of other intermediate and secondary schools in
such district,
(B) composed of not more than 5 students from each of the
intermediate and secondary schools in such district, selected
as described in paragraph (1) from among individuals who have
first-hand knowledge of issues and problems relating to
students who attend schools in such district,
(C) supervised by an individual who--
(i) is familiar with issues regarding youth violence,
(ii) has strong ties to the communities in such district
and to the organizations with which such council will
interact, and
(iii) will be responsible for coordinating the
dissemination of information to such council, supervising
council meetings, and acting as a liaison between such
council and communities in such district, and (D) meet not
less frequently than monthly--
(i) to discuss issues of concern, including youth crime,
school violence, job creation, and recreation, and
(ii) to develop creative solutions for assisting community
organizations, laws enforcement officials, school officials,
government officials, and others to address such issues, and
(2) the applicant will submit to the Administrator a
report, not later than 180 days after the first year for
which such applicant receives a grant under section 2,
that--
(A) specifies the number of students and schools involved
and represented on such council,
(B) specifies the number of organizations and individuals
that council and its subcommittees met with,
(C) specifies the number of grants, policies, and programs
submitted to the youth council for review and recommendation,
(D) contains evidence that--
(i) the community has consulted such council and adopted
its recommendations, and
(ii) a grant review process has been established within a
school system or police department that includes an
evaluation by the youth council,
(E) describes the effect that participation on such council
has had on the student representatives, (such as improved
school attendance and academic performance, and decreased
criminal involvement),
(F) describes the effect that participation on such council
has had on the participating schools (such as decrease in
incidence of school violence),
(G) describes the extent to which other students attended
council and subcommittee meetings, and participated as
members of the audience in such council's activities,
(H) describes the extent to which family service, youth
service, and the education, police health, and judicial
departments within such district coordinate anticrime efforts
as a result of the recommendations and programs of such
council,
(I) describing the extent to which such council raises
public awareness and knowledge, via the media, about youth
violence and such council's efforts to help prevent it.
SEC. . SECTION OF GRANT RECIPIENTS.
For the purpose of selecting eligible applicants to receive
grants under section 2, the Administrator shall take into
consideration--
(1) the extent to which all schools in a congressional
district are represented on the proposed youth anticrime
council,
(2) the extent to which youth crime and violence are an
issue of concern in such district,
(3) the extent to which the community is committed to
coordinating and meeting with the youth councils, and
(4) the extent to which the students selected to serve on
such council are representative of the geographical area and
knowledgeable about the issues that such council will
consider.
SEC. . AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $5,000,000 for
fiscal year 1995, and such sums as may be necessary for
fiscal years 1996, 1997, and 1998, to carry out this
subtitle.
At the end add the following:
TITLE --TRAVELER PROTECTION
SEC. . AUTHORITY TO INVESTIGATE VIOLENT CRIMES AGAINST
TRAVELERS
(a) Chapter 33 of title 28, United States Code, is amended
by adding at the end the following:
``Sec. 540A. Investigation of violent crimes against
travelers
``(a) Upon the request of an appropriate law enforcement
official of a State or political subdivision, the Attorney
General and the Federal Bureau of Investigation may assist in
the investigation of a felony crime of violence in violation
of the law of any State in which the victim appears to have
been selected because he or she is a traveler. In a case in
which the traveler is from a foreign nation, the Department
of Justice and, where appropriate, the Department of State
shall assist the prosecuting and law enforcement officials of
a State or political subdivision to the fullest extent
possible in securing from abroad such evidence or other
information as may be needed for the effective investigation
and prosecution of the crime.
``(b) For purpose of this section--
``(1) the term `felony crime of violence' means an offense
punishable by more than one year in prison that has as an
element the use, attempted use, or threatened use of physical
force against the person of another;
``(2) and for purposes of section 540, the term `State'
means a State of the United States, the District of Columbia,
and any commonwealth, territory, or possession of the United
States; and
``(3) the term `traveler' means a person who is not a
resident of the State in which the crime of violence
occurred.''.
(b) The chapter analysis for chapter 33 of title 28, United
States Code, is amended by adding at the end the following:
``540A. Investigation of violent crimes against travelers.''.
Page 172, line 15, strike ``or''.
Page 172, line 17, strike the period and insert ``; or''.
Page 172, after line 17, insert the following:
``(C) job program to prevent crime.''
Page 386, after line 16 (at the end of the bill), add the
following new title (and amend the table of titles
accordingly):
TITLE XXIV--STUDY AND REPORT BY ATTORNEY GENERAL
SEC. 2401. STUDY AND REPORT BY ATTORNEY GENERAL.
(a) In General.--Not later than 180 days after the date of
the enactment of this section, the Attorney General shall
make a study and submit a report of the results of that study
to the Congress. Such study shall--
(1) address how to ease the overcrowding at traditional
style prisons by allowing for the processing of new convicts
and the housing of non-violent, elderly, and short-term
Federal, State, and local inmates in prefabricated,
temporary, or portable structures within a secure area; and
(2) determine what legal requirements may exist on the use
of such structures for these purposes and suggest legislative
measures or other appropriate actions to modify or eliminate
those requirements.
(b) Action by the Attorney General.--Not later 2 years
after the report referred to in subsection (a) is submitted
to the Congress, the Attorney General shall implement the
actions recommended in the report.
Page 34, line 13, after ``(7)'' insert ``if applicable,''.
amendment offered by mr. inslee
At the appropriate place insert the following new title:
TITLE XXXX--CRIMINAL ALIENS
SECTION XXX1. CONGRESSIONAL FINDINGS.
The Congress makes the following findings:
(1) The Federal Government is responsible for controlling
illegal immigration into the United States.
(2) Many States and localities are burdened with the
financial costs of housing and processing aliens who are
unlawfully within the United States and who are charged with
violating criminal statutes.
(3) The Immigration and Naturalization Service is not
permitted under current law to accept local and State
assistance in its deportation responsibilities.
(4) Many communities with criminal alien populations would
like to expedite the deportation of aliens who are charged
with violating criminal statutes and who are either
unlawfully within the United States or willing to submit to
voluntary deportation under safeguard.
SEC. XXX2. AUTHORITY TO ACCEPT CERTAIN ASSISTANCE.
(A) In General.--Subject to subsection (b) and
notwithstanding any other provision of law, the Attorney
General, in the discretion of the Attorney General, is
authorized to accept, hold, administer, and utilize gifts of
property and services (which may not include cash assistance)
for the purpose of assisting the Immigration and
Naturalization Service in carrying out the deportation of
aliens who are subject to charges for misdemeanor or felony
crimes under State or Federal law and who are either
unlawfully within the United States or willing to submit to
voluntary deportation under safeguard. Any property acquired
pursuant to this section shall be acquired in the name of the
United States.
(b) Limitation.--The Attorney General shall terminate or
rescind the excise of the authority under subsection (a) if
the Attorney General determines that the exercise of such
authority has resulted in discrimination in law enforcement
on the basis of race, color, or national origin.
Page 378, line 25, strike ``and'', in line 4 on page 379
strike the period and insert ``; and''; and after line 4 on
page 379 insert the following:
``(14) to reduce the incidence of graffiti and to promote
graffiti removal, prevention, and education programs.
Page 233, line 7, after the quotation marks insert
``victims assistance programs,''.
At the end insert the following new title:
TITLE XXIV--IMMIGRATION PROVISIONS
SEC. 2401. EXPEDITED DEPORTATION FOR DENIED ASYLUM
APPLICANTS.
(A) The Attorney General may provide for the expeditious
adjudication of asylum claims and the expeditious deportation
of asylum applications whose applications have been finally
denied, unless the applicant remains in an otherwise valid
nonimmigrant status.
(b) There are authorized to be appropriated to carry out
this section, such sums as are
[[Page 683]]
necessary for each of fiscal year 1994, 1995, 1996, 1997, and
1998.
SEC. 2402. IMPROVING BORDER CONTROLS.
(a) There are authorized to be appropriated such sums as
are necessary to increase the Immigration and Naturalization
Service's resources for the Border Patrol, the Inspections
Program, and the Department Branch to apprehend illegal
aliens who attempt clandestine entry into the United States
or entry into the United States with fraudulent documents or
who remain in the country after their nonimmigrant visas
expire.
(b) The Attorney General shall report to the Congress every
two years on the programs referred to in subsection (a).
SEC. 2403. EXPANDED SPECIAL DEPORTATION PROCEEDINGS.
(a) Subject to the availability of appropriations, the
Attorney General may expand the program authorized by section
242A(d) of the Immigration and Naturality Act to ensure that
such aliens are immediately deportable upon their release
from incarceration.
(b) There are authorized to be appropriated such sums as
necessary to carry out this section for each of fiscal years
1995 through 1998.
(c) The Attorney General shall report to the Congress every
two years on the program referred to in subsection (a).
SEC. 2404. CONSTRUCTION OF INS SERVICE PROCESSING CENTERS TO
DETAIN CRIMINAL ALIENS.
There are authorized to be appropriated such sums as are
necessary in fiscal year 1996 to construct or contract for
the construction of 2 Immigration and Naturalization Service
Processing Centers to detain criminal aliens.
At the end of the bill insert the following new title:
TITLE --COMMISSION ON CRIME AND VIOLENCE.
SEC. . FINDINGS.
The Congress finds that--
(1) there is no more important responsibility of government
than the protection of the lives and property of its
citizens;
(2) a violent crime occurs every 22 seconds in America;
(3) the Nation's law enforcement personnel and criminal
justice system lack the resources they need to fully maintain
law and order;
(4) the proliferation of drugs and guns in the last 3
decades has dramatically changed the nature of crime;
(5) it has been 27 years since the Brown Commission
redefined the Federal Government's response to crime in
America; and
(6) the Nation must commit itself to an energetic,
innovative assault on the epidemic of crime in our society,
including--
(A) alternative forms of sentencing to guarantee swift and
sure punishment of criminals, including the Nation's growing
number of youth offenders;
(B) initiatives by the public and private sectors designed
to identify and alleviate the causes of criminal behavior;
and
(C) an examination of current laws and law enforcement
practices to determine where and how resources may be best
utilized to fight crime, reduce burdens on courts and jails,
and stop recidivism.
SEC. . ESTABLISHMENT OF COMMISSION ON CRIME AND VIOLENCE.
(a) Establishment.--There is established a commission to be
known as the ``National Commission on Crime and Violence in
America'' (referred to as the ``Commission'').
(b) Membership.--
(1) In general.--The Commission shall be composed of 22
members, of whom--
(A) 6 shall be appointed by the President;
(B) 8 shall be appointed by the Speaker of the House of
Representatives, of whom 2 shall be appointed on the
recommendation of the minority leader; and
(C) 8 shall be appointed by the President pro tempore of
the Senate, of whom 6 shall be appointed on the
recommendation of the majority leader and 2 shall be
appointed on the recommendation of the minority leader.
(2) Goals in making appointments.--In appointing members of
the Commission, the President, Speaker, President pro
tempore, and the majority and minority leaders shall seek to
ensure that--
(A) the membership of the Commission reflects the racial,
ethnic, and gender diversity of the United States; and
(B) members are specially qualified to serve on the
Commission by reason of their education, training, expertise,
or experience in--
(i) sociology;
(ii) psychology;
(iii) law;
(iv) law enforcement;
(v) social work; and
(vi) ethnography and urban poverty, including health care,
housing, education, and employment.
(3) Deadline.--Members of the Commission shall be appointed
within 60 days after the date of enactment of this Act.
(4) Term.--Members shall serve on the Commission through
the date of its termination under section 8.
(5) Meetings.--The Commission--
(A) shall have its headquarters in the District of
Columbia; and
(B) shall meet at least once each month for a business
session.
(6) Quorum.--Twelve members of the Commission shall
constitute a quorum, but a lesser number may hold hearings.
(7) Chairperson and vice chairperson.--Not later than 15
days after the members of the Commission are appointed, the
members shall designate a Chairperson and Vice Chairperson of
the Commission.
(8) Vacancies.--A vacancy in the Commission shall be filled
not later than 30 days after the Commission is informed of
the vacancy in the manner in which the original appointment
was made.
(9) Compensation.--
(A) No pay, allowance, or benefit.--Members of the
Commission shall receive no pay, allowances, or benefits by
reason of their service on the Commission.
(B) Travel expenses.--A member of the Commission shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of
title 5, United States Code.
SEC. . DUTIES.
The Commission shall--
(1) review the effectiveness of traditional criminal
justice approaches in preventing and controlling crime and
violence;
(2) examine the impact that changes to Federal and State
law have had in controlling crime and violence;
(3) examine the impact of changes in Federal immigration
laws and policies and increased development and growth along
United States international borders on crime and violence in
the United States, particularly among our Nation's youth;
(4) examine the problem of youth gangs and provide
recommendations on how to reduce youth involvement in violent
crime;
(5) examine the extent to which assault weapons and high
power firearms have contributed to violence and murder in the
United States;
(6) convene hearings in various parts of the country to
receive testimony from a cross section of criminal justice
professionals, business leaders, elected officials, medical
doctors, and other citizens that wish to participate;
(7) review all segments of the criminal justice system,
including the law enforcement, prosecution, defense,
judicial, corrections components, in developing the crime
control and antiviolence plan;
(8) develop a comprehensive and effective crime control and
antiviolence plan that will serve as a blueprint for action
in the 1990's;
(9) bring attention to successful models and programs in
crime prevention, crime control, and antiviolence;
(10) reach out beyond the traditional criminal justice
community for ideas when developing the comprehensive crime
control and antiviolence plan;
(11) recommend improvements in the coordination of Federal,
State, local, and international border crime control efforts;
(12) make a comprehensive study of the economic and social
factors leading to or contributing to crime and violence and
specific proposals for legislative and administrative actions
to reduce crime and violence and the elements that contribute
to crime and violence; and
(13) recommend means of allocating finite correctional
facility space and resources to the most serious and violent
offenders, with the goal of achieving the most cost-effective
crime control and protection of the community and public
safety, after--
(A) examining the issue of disproportionate incarceration
rates among black males and any other minority group
disproportionately represented in Federal and State
correctional populations; and
(B) considering increased use of alternatives to
incarceration that offer a reasonable prospect of equal or
better crime control at equal or less cost than
incarceration.
SEC. . STAFF AND SUPPORT SERVICES.
(a) Director.--
(1) Appointment.--After consultation with the members of
the Commission, the Chairperson shall appoint a director of
the Commission (referred to as the ``Director'').
(2) Compensation.--The Director shall be paid at a rate not
to exceed the rate of basic pay for level V of the Executive
Schedule.
(b) Staff.--With the approval of the Commission, the
Director may appoint such personnel as the Director considers
to be appropriate.
(c) Civil Service Laws.--The staff of the Commission shall
be appointed without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service and shall be paid without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates.
(d) Experts and Consultants.--With the approval of the
Commission, the Director may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code.
(e) Staff of Federal Agencies.--Upon the request of the
Commission, the head of any Federal agency may detail, on a
reimbursable basis, personnel of that agency to the
Commission to assist in carrying out its duties.
(f) Physical Facilities.--The Administrator of the General
Services Administration shall provide suitable office space
for the operation of the Commission. The facilities shall
serve as the headquarters of the Commission and shall include
all necessary equipment and incidentals required for proper
functioning.
SEC. . POWERS.
(a) Hearings.--The Commission may conduct public hearings
or forums at its discretion, at any time and place it is able
to secure facilities and witnesses, for the purpose of
carrying out its duties.
(b) Delegation of Authority.--Any member or agent of the
Commission may, if authorized by the Commission, take any
action
[[Page 684]]
that the Commission is authorized to take by this section.
(c) Information.--The Commission may secure from any
Federal agency or entity in the executive or legislative
branch such materials, resources, statistical data, and other
information as is necessary to enable it to carry out this
Act. Upon request of the Chairperson or Vice Chairperson of
the Commission, the head of a Federal agency or entity shall
furnish the information to the Commission to the extent
permitted by law.
(d) Gifts, Bequests, and Devises.--The Commission may
accept, use, and dispose of gifts, bequests, or devises of
services or property, both real and personal, for the purpose
of aiding or facilitating the work of the Commission. Gifts,
bequests, or devises of money and proceeds from sales of
other property received as gifts, bequests, or devises shall
be deposited in the Treasury and shall be available for
disbursement upon order of the Commission.
(e) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
Federal agencies.
SEC. . REPORTS.
(a) Monthly Reports.--The Commission shall submit monthly
activity reports to the President and the Congress.
(b) Interim Report.--Not later than 1 year before the date
of its termination, the Commission shall submit an interim
report to the President and the Congress containing--
(1) a detailed statement of the findings and conclusions of
the Commission;
(2) recommendations for legislative and administrative
action based on the Commission's activities to date;
(3) an estimation of the costs of implementing the
recommendations made by the Commission; and
(4) a strategy for disseminating the report to Federal,
State, and local authorities.
(c) Final Report.--Not later than the date of its
termination, the Commission shall submit to the Congress and
the President a final report with a detailed statement of
final findings, conclusions, recommendations, and estimation
of costs and an assessment of the extent to which
recommendations included in the interim report under
subsection (b) have been implemented.
(d) Printing and Public Distribution.--Upon receipt of each
report of the Commission under this section, the President
shall--
(1) order the report to be printed; and
(2) make the report available to the public.
SEC. . TERMINATION.
The Commission shall terminate on the date that is 2 years
after the date on which members of the Commission have met
and designated a Chairperson and Vice Chairperson.
Page 115, line 13, after ``Secretary of Agriculture''
insert ``Secretary of the Interior,''.
At page 386, after line 16, add the following new title:
TITLE XXIV--MISCELLANEOUS
SEC. 24 . EDWARD BYRNE MEMORIAL FORMULA GRANT PROGRAM.
Nothing in this Act shall be construed to prohibit or
exclude the expenditure of appropriations to grant recipients
who would have been or are eligible to receive grants under
subpart 1 of part E of the Omnibus Crime Control and Safe
Streets Act of 1968.
Page 233, after line 8, insert the following new subtitle:
Subtitle L--Urban Recreation and At-Risk Youth
SEC. 1099. FINDINGS.
Section 1002 of the Urban Park and Recreation Recovery Act
of 1978 is amended by striking ``and'' at the end of
subsection (d), by striking the period at the end of
subsection (e) and inserting ``; and'' and by adding the
following at the end thereof:
``(f) the quality of life in urban areas has suffered
because of decline in the availability of park and recreation
systems, including land, facilities, and services;
``(g) the deterioration of urban park and recreation
facilities is due in part to the underfunding of Federal
grant programs intended to assist in the revitalization of
urban recreation facilities and allow us to take back our
parks from crime, vandalism, and dilapidation;
``(h) the urban neighborhoods eligible for assistance under
this title have deteriorated, in part, due to the rapid
increase in violent crime among youth;
``(i) accessible, well-maintained recreational facilities
and services have been shown to significantly decrease the
incidence of violent crime among youth and can be an
effective tool in efforts to prevent crime, increase public
safety and improve the quality of life of urban residents;
and
``(j) urban sport and recreation programs teach important
values and life skills including teamwork, individual
responsibility, respect, leadership, and self-esteem which
help prevent young people form engaging in criminal
behavior.''.
SEC. 1099A. PURPOSE OF ASSISTANCE.
Section 1003 of the Urban Park and Recreation Recovery Act
of 1978 is amended by adding the following at the end
thereof: ``It is further the purpose of this title to improve
recreation facilities and expand recreation services in urban
areas with a high incidence of crime and to help deter crime
through the expansion of recreation opportunities for at-risk
youth. It is the further purpose of this section to increase
the security of urban parks and to promote collaboration
between local agencies involved in parks and recreation, law
enforcement, youth social services, and the juvenile justice
system.''.
SEC. 1099B. DEFINITIONS.
Section 1004 of the Urban Park and Recreation Recovery Act
of 1978 is amended by inserting the following new subsection
after subsection (c) and by redesignating subsections (d)
through (j) as (e) through (k) respectively:
``(d) `at-risk youth recreation grants' means--
``(1) rehabilitation grants,
``(2) innovation grants, or
``(3) matching grants for continuing program support for
programs of demonstrated value or success in providing
constructive alternatives to youth at risk for engaging in
criminal behavior, including grants for operating, or
coordinating recreation programs and services;
in neighborhoods and communities with a high prevalence of
crime, particularly violent crime or crime committed by
youthful offenders, in addition to the purposes specified in
subsection (b), rehabilitation grants referred to in
paragraph (1) of this subsection may be used for the
provision of lighting, emergency phones or other capital
improvements which will improve the security of urban
parks;''.
SEC. 1099C. CRITERIA FOR SELECTION.
Section 1005 of the Urban Park and Recreation Recovery Act
of 1978 is amended by striking ``and'' at the end of
paragraph (6), by striking the period at the end of paragraph
(7) and inserting ``; and'' and by adding the following at
the end thereof:
``(8) in the case of at-risk youth recreation grants, the
Secretary shall give a priority to each of the following
criteria:
``(A) Programs which are targeted to youth who are at the
greatest risk of becoming involved in violence and crime.
``(B) Programs which teach important values and life
skills, including teamwork, respect, leadership, and self-
esteem.
``(C) Programs which offer tutoring, remedial education,
mentoring, and counseling in addition to recreation
opportunities;
``(D) Programs which offer services during late night or
other nonschool hours.
``(E) Programs which demonstrate collaboration between
local park and recreation, juvenile justice, law enforcement,
and youth social service agencies and nongovernmental
entities, including the private sector and community and
nonprofit organizations.
``(F) Programs which leverage public or private recreation
investments in the form of services, materials, or cash.
``(G) Programs which show the greatest potential of being
continued with non-Federal funds or which can serve as models
for other communities.''.
SEC. 1099D. PARK AND RECREATION ACTION RECOVERY PROGRAMS.
Section 1007(b) of the Urban Park and Recreation Recovery
Act of 1978 is amended by adding the following at the end
thereof: ``In order to be eligible to receive `at-risk youth
recreation grants' a local government shall amend its 5-year
action program to incorporate the goal of reducing crime and
juvenile delinquency and to provide a description of the
implementation strategies to achieve this goal. The plan
shall also address how the local government is coordinating
its recreation programs with crime prevention efforts of law
enforcement, juvenile corrections, and youth social service
agencies.''.
SEC. 1099E. MISCELLANEOUS AND TECHNICAL AMENDMENTS.
(a) Program Support.--Section 1013 of the Urban Park and
Recreation Recovery Act of 1978 is amended by inserting ``(a)
In General.--'' after ``1013'' and by adding the following
new subsection at the end thereof:
``(b) Program Support.--Not more than 25 percent of the
amounts made available under this title to any local
government may be used for program support.''
(b) Extension.--Section 1003 of the Urban Park and
Recreation Recovery 1978 is amended by striking ``for a
period of five years'' and by striking ``short-term''.
Add at the appropriate place in the bill the following:
SEC. . FUNDING FOR RURAL AREAS.
It is the sense of Congress that--
(1) the Attorney General should ensure that funding for
programs in this Act is distributed such that rural areas
continue to receive comparable support for their broad-based
crime fighting initiatives;
(2) rural communities should not receive less funding than
they receive in fiscal year 1994 for anti-crime initiatives
as a result of any legislative or administrative actions; and
(3) to the maximum extent possible, funding for the Edward
Byrne Memorial State and Local Law Enforcement Assistance
Program should be maintained at its fiscal year 1994 level.
Page 33, line 18, after ``includes'' insert ``appropriate
professional training for corrections officers in dealing
with violent repeat offenders,''.
Page 34, after line 16, insert the following:
(c) Consideration.--The Attorney General, in making such
grants, shall give consideration to the special burden placed
on States which incarcerate a substantial number of inmates
who are in the United States illegally.
Page 34, line 17, strike ``(c)'' and insert ``(d)''.
Page 117, line 23, strike ``Resources'' and insert
``Services''.
Page 134, line 21, strike ``or'' the second place it
appears and insert ``a''.
Page 154, line 18, strike ``of'' and insert ``to''.
Page 165, beginning in line 13, strike ``sections 1065
and'' and insert ``section''.
[[Page 685]]
Page 166, line 23, strike ``or Triad program''.
Page 167, line 12, strike ``Triad''.
Page 167, line 20, strike ``Triad endeavors'' and insert
``the program''.
Page 167, line 24, strike ``Triad'' and insert
``program's''.
Page 169, line 4, strike ``Triad''.
Page 170, line 24, strike ``Triad''.
Page 221, line 10, insert ``Youth'' before ``Employment''.
Page 222, line 18, strike ``youth age 14 to 15'' and insert
``youths of age 14 or 15''.
Page 225, line 15, strike ``youth'' and insert ``young''.
Page 226, line 10, strike ``youth'' and insert ``youths''.
Page 226, line 16, strike ``youth'' and insert ``youths''.
At the end of the bill, insert the following new title:
TITLE --RURAL CRIME
Subtitle A--Drug Trafficking in Rural Areas
SEC. . AUTHORIZATIONS FOR RURAL LAW ENFORCEMENT AGENCIES.
(a) Authorization of Appropriations.--Section 1001(a)(9) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 is amended to read as follows:
``(9) There are authorized to be appropriated to carry out
part O $50,000,000 for each of fiscal years 1994, 1995, 1996,
1997, and 1998.''.
(b) Amendment to Base Allocation.--Section 1501(a)(2)(A) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 is amended by striking ``$100,000'' and insert
``$250,000''.
SEC. . RURAL CRIME AND DRUG ENFORCEMENT TASK FORCES.
(a) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Attorney General, in
consultation with the Governors, mayors, and chief executive
officers of State and local law enforcement agencies, shall
establish a Rural Crime and Drug Enforcement Task Force in
each of the Federal judicial districts which encompass
significant rural lands. Assets seized as a result of
investigations initiated by a Rural Drug Enforcement Task
Force shall be used primarily to enhance the operations of
the task force and its participating State and local law
enforcement agencies.
(b) Task Force Membership.--The task forces established
under subsection (a) shall be chaired by the United States
Attorney for the respective Federal judicial district. The
task forces shall include representatives from--
(1) State and local law enforcement agencies;
(2) the Drug Enforcement Administration;
(3) the Federal Bureau of Investigation;
(4) the Immigration and Naturalization Service;
(5) the Customs Service;
(6) the United States Marshals Service; and
(7) law enforcement officers from the United States Park
Police, United States Forest Service and Bureau of Land
Management, and such other Federal law enforcement agencies
as the Attorney General may direct.
SEC. . CROSS-DESIGNATION OF FEDERAL OFFICERS.
(a) In General.--The Attorney General may cross-designate
up to 100 law enforcement officers from each of the agencies
specified under section 1502(b)(6) of the Omnibus Crime
Control and Safe Streets Act of 1968 with jurisdiction to
enforce the provisions of the Controlled Substances Act on
non-Federal lands and title 18 of the United States Code to
the extent necessary to effect the purposes of this Act.
(b) Adequate Staffing.--The Attorney General shall, subject
to the availability of appropriations, ensure that each of
the task forces established in accordance with this title are
adequately staffed with investigators and that additional
investigators are provided when requested by the task force.
SEC. . RURAL DRUG ENFORCEMENT TRAINING.
(a) Specialized Training for Rural Officers.--The Director
of the Federal Law Enforcement Training Center shall develop
a specialized course of instruction developed to training law
enforcement officers from rural agencies in the investigation
of drug trafficking and related crimes.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to carry out subsection (a) $1,000,000 for
each of fiscal years 1994, 1995, 1996, 1997, and 1998.
SEC. . MORE AGENTS FOR THE DRUG ENFORCEMENT ADMINISTRATION.
There are authorized to be appropriated for the hiring of
additional Drug Enforcement Administration agents $20,000,000
for each of fiscal years 1994, 1995, 1996, 1997, and 1998.
Subtitle B--Drug Free Truck Stops and Safety Rest Areas
SEC. . DRUG FREE TRUCK STOPS AND SAFETY REST AREAS.
(a) Short Title.--This section may be cited as the ``Drug
Free Truck Stop Act''.
(b) Amendment to Controlled Substances Act.--
(1) In general.--Part D of the Controlled Substances Act
(21 U.S.C. 801 et seq.) is amended by inserting after section
408 the following new section:
``transportation safety offenses
``Sec. 409. (a) Definitions.--In this section--
`` `safety rest area' means a roadside facility with
parking facilities for the rest or other needs of motorists.
`` `truck stop' means a facility (including any parking lot
appurtenant thereto) that--
``(A) has the capacity to provide fuel or service, or both,
to any commercial motor vehicle (as defined under section
12019 of the Commercial Motor Vehicle Safety Act of 1986 (49
U.S.C. App. 2716)) operating in commerce (as defined in that
section); and
``(B) is located within 2,500 feet of the National System
of Interstate and Defense Highways or the Federal-Aid Primary
System.
``(b) First Offense.--A person who violates section
401(a)(1) or section 416 by distributing or possessing with
intent to distribute a controlled substance in or on, or
within 1,000 feet of, a truck stop or safety rest area is
(except as provided in subsection (b)) subject to--
``(1) twice the maximum punishment authorized by section
401(b); and
``(2) twice any term of supervised release authorized by
section 401(b) for a first offense.
``(c) Subsequent Offense.--A person who violates section
401(a)(1) or section 416 by distributing or possessing with
intent to distribute a controlled substance in or on, or
within 1,000 feet of, a truck stop or a safety rest area
after a prior conviction or convictions under subsection (a)
have become final is subject to--
``(1) 3 times the maximum punishment authorized by section
401(b); and
``(2) 3 times any term of supervised release authorized by
section 401(b) for a first offense.''.
(2) Technical amendments.--
(A) Cross reference.--Section 401(b) of the Controlled
Substances Act (21 U.S.C. 841(b)) is amended by inserting
``409,'' before ``418,'' each place it appears.
(B) Table of contents.--The table of contents of the
Comprehensive Drug Abuse Prevention and Control Act of 1970
is amended by striking the item relating to section 409 and
inserting the following new item:
``Sec. 409. Transportation safety offenses.''.
(c) Sentencing Guidelines.--Pursuant to its authority under
section 994 of title 28, United States Code, and section 21
of the Sentencing Act of 1987 (28 U.S.C. 994 note), the
United States Sentencing Commission shall promulgate
guidelines, or shall amend existing guidelines, to provide an
appropriate enhancement of punishment for a defendant
convicted of violating section 409 of the Controlled
Substances Act, as added by subsection (b).
Subtitle C--Rural Domestic Violence and Child Abuse Enforcement
SEC. . RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT
ASSISTANCE.
(a) Grants.--The Attorney General may make grants to units
of State and local governments of rural States, and to other
public or private entities of rural States--
(1) to implement, expand, and establish cooperative efforts
and projects between law enforcement officers, prosecutors,
victim advocacy groups, and other related parties to
investigate and prosecute incidents of domestic violence and
child abuse;
(2) to provide treatment and counseling to victims of
domestic violence and child abuse; and
(3) to work in cooperation with the community to develop
education and prevention strategies directed toward such
issues.
(b) Definition.--In this section, ``rural State'' has the
meaning stated in section 1501(b) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796bb(B)).
(c) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000 for each of fiscal years
1995, 1996, and 1997.
(2) Additional funding.--In addition to funds received
under a grant under subsection (a), a law enforcement agency
may use funds received under a grant under section 103 to
accomplish the objectives of this section.
Add at the end of title X the following:
TITLE --BOYS AND GIRLS CLUBS IN PUBLIC HOUSING
SEC. 1. ESTABLISHMENT.
The Secretary for Housing and Urban Development, in
consultation with the Attorney General, shall enter into
contracts with the Boys and Girls Clubs of America, a
national nonprofit youth organization to establish Boys and
Girls Clubs in public housing.
SEC. 2. REPORT.
By May 1 of each fiscal year for which funds for this
section are provided, the Secretary of Housing and Urban
Development shall submit a report to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the
Committee on Banking, Finance and Urban Affairs of the House
of Representatives that details the progress of establishing
boys and girls clubs in public housing and the effectiveness
of the programs in reducing drug abuse and gang violence.
SEC. 3. AUTHORIZATION OF APPROPRIATION.
There are authorized to be appropriated the following sums
to carry out this section--
(1) $12,000,000 for fiscal year 1995;
(2) 12,000,000 for fiscal year 1996; and
(3) 12,000,000 for fiscal year 1997.
At the end, add the following:
TITLE --PENALTIES FOR TRAFFICKING IN COUNTERFEIT GOODS AND SERVICES
SEC. . PENALTIES FOR TRAFFICKING IN COUNTERFEIT GOODS AND
SERVICES.
Section 2320(a) of title 18, United States Code, is
amended--
(1) in the first sentence--
(A) by striking ``$250,000 or imprisoned not more than five
years'' and inserting
[[Page 686]]
``$2,000,000 or imprisoned not more than 10 years''; and
(B) by striking ``$1,000,000'' and inserting
``$5,000,000'';
(2) in the second sentence--
(A) by striking ``$1,000,000 or imprisoned not more than
fifteen years'' and inserting ``$5,000,000 or imprisoned not
more than 20 years''; and
(B) by striking ``$5,000,000'' and inserting
``$15,000,000'';
At the end of the bill add the following:
TITLE --MILITARY MEDALS AND DECORATIONS
SEC.
That section 704 of title 18, United States Code, is
amended--
(1) by inserting ``(a)'' before ``Whoever'';
(2) by striking ``not more than $250'' and inserting
``under this title''; and
(3) by adding at the end the following:
``(b)(1) If the decoration or medal involved in an offense
under subsection (a) of this section is a Congressional Medal
of Honor, in lieu of the punishment provided in such
subsection the offender shall be fined under this title or
imprisoned not more than one year, or both.
``(2) As used in subsection (a) of this section with
respect to a Congressional Medal of Honor, the term `sells'
includes trades, barters, or exchanges for anything of value.
``(3) As used in this subsection, the term `Congressional
Medal of Honor' is a medal awarded under section 3741 of
title 10.''.
At the end of title 10, insert the following:
Subtitle --Community-Based Justice Grants for Local Prosecutors
SEC. . GRANT AUTHORIZATION.
The Attorney General may make grants to local prosecutors
for the purpose of supporting the creation or expansion of
community-based justice programs.
SEC. . USE OF FUNDS.
Grants made by the Attorney General under this section
shall be used--
(1) to fund programs that require the cooperation and
coordination of prosecutors, school officials, police,
probation officers, youth and social service professionals,
and community members in the effort to reduce the incidence
of, and increase the successful identification and speed of
prosecution of, young violent offenders;
(2) to fund programs in which prosecutors focus on the
offender, not simply the specific offense, and impose
individualized sanctions, designed to deter that offender
from further antisocial conduct, and impose increasingly
serious sanctions on a young offender who continues to commit
offenses; and
(3) to fund programs that coordinate criminal justice
resources with educational, social service, and community
resources to develop and deliver violence prevention
programs, including mediation and other conflict resolution
methods, treatment, counselling, educational, and
recreational programs that create alternatives to criminal
activity.
SEC. APPLICATIONS.
(a) Eligibility.--In order to be eligible to receive a
grant under this part for any fiscal year, a local
prosecutor, in conjunction with the mayor from the
jurisdiction in which the program will be placed, shall
submit an application to the Attorney General in such form
and containing such information as the Attorney General may
reasonably require.
(b) Requirements.--Each applicant shall include--
(1) a request for funds for the purposes described in
section ;
(2) a description of the communities to be served by the
grant, including the nature of the youth crime and violence
problems within such communities;
(3) assurances that Federal funds received under this part
shall be used to supplement, not supplant, non-Federal funds
that would otherwise be available for activities funded under
this section; and
(4) statistical information in such form and containing
such information that the Attorney General may require.
(c) Comprehensive Plan.--Each applicant shall include a
comprehensive plan that shall contain--
(1) a description of the youth violent crime problem;
(2) an action plan outlining how the applicant will achieve
the purposes as described in section 1;
(3) a description of the resources available in the
community to implement the plan together with a description
of the gaps in the plan that cannot be filled with existing
resources; and
(4) a description of how the requested grant will be used
to fill gaps.
SEC. . ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS.
(a) Administrative Cost Limitation.--The Attorney General
shall use not more than 5 percent of the funds available
under this program for the purposes of administration and
technical assistance.
(b) Renewal of Grants.--A grant under this part may be
renewed for up to 2 additional years after the first fiscal
year during which the recipient receives its initial grant
under this part, subject to the availability of funds, if--
(1) the Attorney General determines that the funds made
available to the recipient during the previous year were used
in a manner required under the approved application; and
(2) the Attorney General determines that an additional
grant is necessary to implement the community prosecution
program described in the comprehensive plan required by
section 2.
SEC. . AWARD OF GRANTS.
The Attorney General shall consider the following factors
in awarding grants:
(1) Demonstrated need and evidence of the ability to
provide the services described in the plan required under
section .
(2) The Attorney General shall attempt, to the extent
practicable, to achieve an equitable geographic distribution
of grant awards.
SEC. . REPORTS.
(a) Report to Attorney General.--Local prosecutors that
receive funds under this shall submit to the Attorney
General a report not later than March 1 of each year that
describes progress achieved in carrying out the plan
described under section 2(c).
(b) Report to Congress.--The Attorney General shall submit
to the Congress a report by October 1 of each year in which
grants are made available under this which shall contain a
detailed statement regarding grant awards, activities of
grant recipients, a compilation of statistical information
submitted by applicants, and an evaluation of programs
established under this .
SEC. . AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $20,000,000 for
each of the fiscal years 1995 through 1999 to carry out the
purposes of this .
SEC. . DEFINITIONS.
The term ``young violent offender'' means individuals, ages
7-22, who have committed crimes of violence, weapons
offenses, drug distribution, hate crimes and civil rights
violations, and offenses against personal property of
another.
At the end of the bill add the following (and make such
technical and conforming changes as may be necessary):
TITLE XXIV--AGE DISCRIMINATION IN EMPLOYMENT
SEC. 2401. REENACTMENT OF SUBSECTION WITH AN AMENDMENT.
(A) Reenactment.--Section 4(j) of the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 623(j)) as in effect
immediately before December 31, 1993, is hereby reenacted.
(b) Amendment.--Section 4(j) of the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 623(j)), as reenacted by
subsection (a) of this section, is amended by striking
``attained the age'' and all that follows through ``1983,
and'', and inserting the following:
``attained--
``(A) the age of hiring or retirement in effect under
applicable State or local law on March 3, 1983; or
``(B) if the age of retirement was not in effect under
applicable State or local law on March 3, 1983, 55 years of
age; and''.
(c) Retroactivity.--Subsections (a) and (b) shall take
effect immediately after the operation of section 3(b) of the
Age Discrimination in Employment Amendments of 1986 (Public
Law 99-592; 29 U.S.C. 523 note).
SEC. 2402. STUDY AND GUIDELINES FOR PERFORMANCE TESTS.
(a) Study.--Not later than 3 years after the date of
enactment of this Act, the Chairman of the Equal Employment
Opportunity Commission (in this section referred to as ``the
Chairman'') shall conduct, directly or by contract, a study
that will include--
(1) a list and description of all tests available for the
assessment of abilities important for completion of public
safety tasks performed by law enforcement officers and
firefighters,
(2) a list of such public safety tasks for which adequate
tests do not exist,
(3) a description of the technical characteristics that
performance tests must meet to be compatible with applicable
Federal civil rights Acts and policies,
(4) a description of the alternative methods available for
determining minimally acceptable performance standards on the
tests described in paragraph (1),
(5) a description of the administrative standards that
should be met in the administration, scoring, and score
interpretation of the tests described in paragraph (1), and
(6) an examination of the extent to which the tests
described in paragraph (1) are cost effective, safe, and
comply with Federal civil rights Acts and regulations.
(b) Advisory Guidelines.--Not later than 4 years after the
date of enactment of this Act, the Chairman shall develop and
issue, based on the results of the study required by
subsection (a), advisory guidelines for the administration
and use of physical and mental fitness tests to measure the
ability and competency of law enforcement officers and
firefighters to perform the requirements of their jobs.
(c) Consultation Requirement; Opportunity for Public
Comment.--(1) The Chairman shall, during the conduct of the
study required by subsection (a), consult with--
(A) the United States Fire Administration,
(B) the Federal Emergency Management Agency,
(C) organizations that represent law enforcement officers,
firefighters, and their employers, and
(D) organizations that represent older individuals.
(2) Before issuing the advisory guidelines required in
subsection (b), the Chairman shall allow for public comment
on the proposed guidelines.
(d) Development of Standards for Wellness Programs.--Not
later than 2 years after the date of the enactment of this
Act, the Chairman shall propose advisory
[[Page 687]]
standards for wellness programs for law enforcement officers
and firefighters.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000.
Page 34, line 12, strike ``; and'' and insert a semicolon,
in line 16 strike the period and insert a semicolon, and
after line 16 insert the following:
(8) assurances that the State or States have implemented,
or will implement within 18 months after the date of the
enactment of this Act, policies to determine the veteran
status of inmates and to ensure that incarcerated veterans
receive the veterans benefits to which they are entitled.
Page 233, after line 8, insert the following:
SEC. . EXTENSION OF BYRNE GRANT FUNDING.
There are authorized to be appropriated such sums as may be
necessary for each of the fiscal years 1995, 1996, 1997,
1998, and 1999, to carry out the programs under parts D and E
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968.
Page 233, after line 8, add the following:
SEC. . BENEFITS FOR CHAPLAINS.
(a) In General.--Section 1204 of the Omnibus Crime Control
and Safe Streets Act of 1968 is amended--
(1) by redesignating paragraphs (2) through (7) as (3)
through (8), respectively;
(2) by inserting after paragraph (1) the following:
``(2) chaplain means any individual serving as an
officially recognized or designated member of a legally
organized volunteer fire department or legally organized
police department, or an officially recognized or designated
public employee of a legally organized fire or police
department who was responding to a fire, rescue, or police
emergency.''; and
(3) in paragraph (8), as redesignated by paragraph (1) of
this Act, by striking ``or rescue squad or ambulance crew''
and inserting ``rescue squad or ambulance crew, or
chaplain''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of enactment of this Act and
shall apply to injuries or deaths that occur in the line of
duty on or after such date.
At the end of title VII, add the following:
SEC. . KIDNAPPING.
Section 1201(g)(1) of title 18, United States Code, is
amended by inserting ``to the penalty of death if the death
of the victim results and, in any other case,'' after ``shall
be subject''.
Page 46, after line 21, insert the following:
``(d) Aggravating Factors for Drug Offense Death Penalty.--
In determining whether to recommend a sentence of death for
an offense described in paragraph (3), (4), or (5) of section
3591, the jury, or if there is no jury, the court, shall
consider any aggravating factor for which notice has been
provided under section 3593 of this title, including the
following factors:
``(1) Previous conviction of offense for which a sentence
of death or life imprisonment was authorized.--The defendant
has previously been convicted of another Federal or State
offense resulting in the death of a person, for which a
sentence of life imprisonment or death was authorized by
statute.
``(2) Previous conviction of other serious offenses.--The
defendant has previously been convicted of two or more
Federal or State offenses, each punishable by a term of
imprisonment of more than one year, committed on different
occasions, involving the importation, manufacture, or
distribution of a controlled substance (as defined in section
102 of the Controlled Substances Act (21 U.S.C. 802)) or the
infliction of, or attempted infliction of, serious bodily
injury or death upon another person.
``(3) Previous serious drug felony conviction.--The
defendant has previously been convicted of another Federal or
State offense involving the manufacture, distribution,
importation, or possession of a controlled substance (as
defined in section 102 of the Controlled Substances Act (21
U.S.C. 802)) for which a sentence of five or more years of
imprisonment was authorized by statute.
``(4) Use of firearm.--In committing the offense, or in
furtherance of a continuing criminal enterprise of which the
offense was a part, the defendant used a firearm or knowingly
directed, advised, authorized, or assisted another to use a
firearm, as defined in section 921 of this title, to
threaten, intimidate, assault, or injure a person.
``(5) Distribution to persons under twenty-one.--The
offense, or a continuing criminal enterprise of which the
offense was a part, involved conduct proscribed by section
418 of the Controlled Substances Act which was committed
directly by the defendant or for which the defendant would be
liable under section 2 of this title.
``(6) Distribution near schools.--The offense, or a
continuing criminal enterprise of which the offense was a
part, involved conduct proscribed by section 419 of the
Controlled Substances Act which was committed directly by the
defendant or for which the defendant would be liable under
section 2 of this title.
``(7) Using minors in trafficking.--The offense or a
continuing criminal enterprise of which the offense was a
part, involved conduct proscribed by section 420 of the
Controlled Substances Act which was committed directly by the
defendant or for which the defendant would be liable under
section 2 of this title.
``(8) Lethal adulterant.--The offense involved the
importation, manufacture, or distribution of a controlled
substance (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802)), mixed with a potentially
lethal adulterant, and the defendant was aware of the
presence of the adulterant.
Page 51, line 7, strike ``, in the case'' and all that
follows through ``the jury'' in line 14, and insert ``an
aggravating factor required to be considered under section
3592 is found to exist, the jury''.
Page 48, strike line 1 through line 2.
Page 51, strike line 14 and all that follows through line 3
on page 52 and insert the following:
the jury, or if there is no jury, the court, shall then
consider whether the aggravating factor or factors found to
exist outweigh any mitigating factors. The jury, or if there
is no jury, the court shall recommend a sentence of death if
it unanimously finds at least one aggravating factor and no
mitigating factor or if it finds one or more aggravating
factors which outweigh any mitigating factors. In any other
case, it shall not recommend a sentence of death. The jury
shall be instructed that it must avoid any influence of
sympathy, sentiment, passion, prejudice, or other arbitrary
factors in its decision, and should make such a
recommendation as the information warrants. The jury shall be
instructed that its recommendation concerning a sentence of
death is to be based on the aggravating factor or factors and
any mitigating factors which have been found, but that the
final decision concerning the balance of aggravating and
mitigating factors is a matter for the jury's judgment.
Page 53, beginning in line 3, strike ``or life imprisonment
without possibility of release''.
Page 91, strike line 15 and all that follows through line
16 on page 106.
Page 24, line 23, strike ``Violent Felons'' and insert
``Criminals''.
Page 25, line 4, insert ``or a serious drug offense'' after
``serious violent felony''.
Page 25, line 9, strike ``of--'' and all that follows
through ``drug offenses'' in line 12 and insert ``serious
violent felonies or serious drug offenses, or any combination
of such felonies and offenses.''.
Page 27, line 22, after ``2111'' insert ``, 2113, or
2118''.
Page 29, strike lines 14 and 15 and insert the following:
``(i) no firearm or other dangerous weapon was used in the
offense and no threat of use of a firearm or other dangerous
weapon was involved in the offense; and
Add at the appropriate place the following:
TITLE --TRUTH IN SENTENCING
SEC. . GRANTS.
The Attorney General is authorized to provide grants to
States to build, expand, or operate space in correctional
facilities in order to increase the prison bed capacity in
such facilities in order to reach the goals set forth in
section
SEC. . FEDERAL FUNDS.
(a) Distribution of Funds in Fiscal Year 1995.--Of the
total amount of funds appropriated under this title in fiscal
year 1995, there shall be allocated to each State an amount
which bears the same ratio to the amount of funds
appropriated pursuant to this title as the number of part I
violent crimes reported by the States to the Federal Bureau
of Investigation for 1993 bears to the number of part I
violent crimes reported by all States to the Federal Bureau
of Investigation for 1993.
(b) Distribution of Funds in Fiscal Years 1996 Through
1999.--75 percent of the total amount of funds appropriated
under this title in fiscal years 1996, 1997, 1998, and 1999
shall be allocated to each State according to the formula
establish in subsection (a) adjusted to reflect in each year
the most recent data from the Federal Bureau of Investigation
reporting Part I violent crimes.
(c) Good Faith Effort.--In order to be eligible for funding
under subsections (a) and (b), a State shall submit an
application and give the Attorney General assurances that it
will make a good faith and cost effective effort to become
eligible for a grant under subsection (d).
(d) Truth in Sentencing Incentive Fund.--25 percent of the
total amount of funds appropriated under this title in each
of the fiscal years 1996, 1997, 1998, and 1999 shall be
allocated to each eligible State according to the same ratios
established in subsection (b) multiplied by the percentage
change in the States' percentage of time to be served by the
persons convicted of violent crimes divided by the average of
all States' percentage change in percentage of time to be
served by the persons convicted of violent crimes. States
which have achieved a Truth in Sentencing standard of violent
criminals serving 85 percent of prison time assessed shall
receive the incentive funds based on the average of such
percentage change ratios of all States multiplied by the
States percentage of total Part I violent crime reported.
(e) Eligibility for Truth in Sentencing Incentive Fund.--In
order to be eligible for grants under subsection (d), a State
must demonstrate that it has since 1993--
(1) increased the percentage of convicted violent offenders
sentenced to prison;
(2) increased the average prison time actually to be served
in prison by convicted violent offenders sentenced to prison;
and
(3) increased the percentage of sentence to be actually
served in prison by violent offenders sentenced to prison.
(f) Law Changes.--As evidence of such good faith effort to
meet the goals contained
[[Page 688]]
in subsection (e), a State may make changes to its laws and
regulations which may include--
(1) truth in sentencing laws which will require persons
convicted of violent crimes to serve not less than 85 percent
of the sentence imposed;
(2) mandatory prison sentences for persons convicted of the
most serious violent crimes;
(3) pretrial detention for persons whose release it can be
shown would pose a danger to any other person or the
community;
(4) sentencing authority to allow the defendant's victims
or the family of victims the opportunity to be heard
regarding the issue of sentencing and provide that the victim
or the victim's family will be notified whenever such
defendant is to be released; or
(5) that a person who is convicted of a serious violent
crime shall be sentenced to life imprisonment if--
(A) the person has been convicted on 2 or more prior
occasions in a court of the United States or of a State of a
serious violent crime, or of 1 or more serious violent crimes
and 1 or more serious drug offenses; and
(B) each serious violent crime or serious drug offense used
as a basis for sentencing under this subsection, other than
the first, was committed after the defendant's conviction of
the preceding serious violent crime or serious drug offense.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--For purposes of this title, there are
authorized to be appropriated--
(1) $2,500,000,000 for fiscal year 1995;
(2) $2,000,000,000 for fiscal year 1996;
(3) $2,000,000,000 for fiscal year 1997;
(4) $2,000,000,000 for fiscal year 1998; and
(5) $2,000,000,000 for fiscal year 1999.
(b) Limitations on Funds.--
(1) Nonsupplanting requirement.--Funds made available under
this section shall not be used to supplant State funds, but
shall be used to increase the amount of funds that would, in
the absence of Federal funds, be made available from State
sources.
(2) Administrative costs.--Not more than 3 percent of the
funds available under this section may be used for
administrative costs.
(3) Matching funds.--The portion of the costs of a program
provided by a grant under this section may not exceed 90
percent of the total costs of the program as described in the
application.
(4) Carry over of appropriations.--Any funds appropriated
but not expended as provided by this section during any
fiscal year shall be carried over and will be made available
until expended.
SEC. . DEFINITIONS.
For purposes of this title--
(1) the term ``violent crime'' means--
(A) a felony offense that has an element the use, attempted
use, or threatened use of physical force against the person
of another, or
(B) any other offense that is a felony and that, by its
nature, involves substantial risk that physical force against
the person of another may be used in the course of committing
the offense.;
(2) the term ``serious drug offender'' has the same meaning
as that is used in section 924(e)(2)(A) of title 18, United
States Code;
(3) the term ``State'' means any of the United States and
the District of Columbia;
(4) the term ``convicted'' means convicted and sentenced to
a term in a State corrections institution or a period of
formal probation; and
(5) the term ``Part I violent crimes'' means murder, rape,
robbery, and aggravated assault as those offenses are
reported to the Federal Bureau of Investigation for purposes
of the Uniform Crime Reports.
Strike title VI and insert the following:
SEC 601. SHORT TITLE.
This title may be cited as the ``Violent Offender
Incarceration Act''.
SEC 602. GRANTS FOR CORRECTIONAL FACILITIES.
(a) Grant Authorization.--The Attorney General may make
grants to individual eligible States and to eligible States,
organized as regional compacts--
(1) to develop, construct, expand and operate correctional
facilities to ensure that prison space is available for the
confinement of persons convicted of a serious violent felony,
and
(2) to develop, construct, expand, and operate temporary or
permanent correctional facilities, including facilities on
military bases, for the confinement of convicted nonviolent
offenders and criminal aliens for the purpose of freeing
suitable existing prison space for the confinement of persons
convicted of a serious violent felony.
(b) Eligibility.--To be eligible to receive a grant under
this title a State or States, organized as regional compacts,
shall submit an application to the Attorney General which
includes--
(1) a plan consistent with section 2(b)(2)(A) to
incarcerate all criminals convicted of a serious violent
felony over the next 5 years with Federal assistance;
(2) a certification that the State or States--
(A) have established a truth in sentencing policy under
which offenders will serve no less than 85 percent of the
term of imprisonment to which they are sentenced with respect
to conviction of a serious violent felony after having been
convicted of a prior serious violent felony or a serious drug
offense;
(B) have established pretrial detention similar to and at
least as restrictive as that provided in the Federal system
under section 3142 of title 18, United States Code;
(C) have established provisions which require that a person
who is convicted of a serious violent felony shall be
sentenced to life imprisonment if--
(i) the person has been convicted (and those convictions
have become final) on 2 or more prior occasions in a court of
the United States or of a State of a serious violent felony,
or of 1 or more serious violent felonies and 1 or more
serious drug offenses; and
(ii) each serious violent felony or serious drug offense
used as a basis for sentencing under this subsection, other
than the first, was committed after the defendant's
conviction of the preceding serious violent felony or serious
drug offense;
(D) have established provisions which require the
sentencing authority to allow defendant's victims (limited to
the victims of defenders convicted of a serious violent
felony) or the family of victims the opportunity to be heard
regarding the issue of sentencing, and provide that the
victim and victims family is notified whenever such defendant
is to be released;
(E) will use funds received under this title to supplement,
not supplant, other Federal, State, and local funds.
(c) Exception.--The sentencing requirements under
subparagraphs (A) and (C) of subsection (b)(2) shall apply
except that the State may provide that the Governor of the
State may allow for the release of a prisoner over the age of
70 after a public hearing in which representatives of the
public and the prisoner's victims have an opportunity to be
heard regarding a proposed release.
(d) Additional Eligibility Provision.--A State shall also
be eligible for funding under this title when such State has
enacted legislation that provides for the State to be in
compliance with this section not later than 3 years after the
date of the enactment of such legislation or with respect to
subparagraph (A) of the subsection (b)(2) a State may receive
funding upon approval of the Attorney General of a good faith
plan to reach the 85 percent requirement within 5 years.
(e) Consideration.--The Attorney General, in making such
grants, shall give consideration to the special burden placed
on States which incarcerate a substantial number of inmates
who are in the United States illegally.
SEC. 603. FEDERAL FUNDS.
(a) Authorization of Appropriations.--There are authorized
to be appropriated $2,000,000,000 for each of the fiscal
years 1995 through 1999 to carry out the purposes of this
title.
(b) Carry Over of Appropriations.--Any funds authorized,
but not expended during a fiscal year shall be carried over
and will be made available until expended.
(c) Matching Requirement.--The Federal share of a grant
received under this title may not exceed 75 percent of the
costs of a proposal described in an application approved
under this title.
SEC. 604. RULES AND REGULATIONS.
The Attorney General shall issue rules and regulations
regarding the uses of grant funds received under this title
not later than 90 days after the date of the enactment of
this title.
SEC. 605. DEFINITIONS AS USED IN THIS TITLE.
As used in this section--
(1) The term ``arson'' means an offense that has as its
elements maliciously damaged or destroying any building,
inhabited structure, vehicle, vessel, or real property by
means of fire or an explosive;
(2) the term ``assault with intent to commit rape'' means
an offense that has as its elements engaging in physical
conduct by which a person intentionally places another person
in fear of aggravated sexual abuse or sexual abuse (as
described in sections 2241 and 2242 of title 18, United
States Code);
(3) the term ``extortion'' means an offense that has as its
elements the extraction of anything of value from another
person by threatening or placing that person in fear of
injury to any person or kidnapping of any person;
(4) the term ``firearms use' means an offense that has as
its elements those described in section 924(c) or 929(a) of
title 18, United States Code, if the firearm was brandished,
discharged, or otherwise used as a weapon and the crime of
violence or drug trafficking crime during and relation to
which the firearm was used was subject to prosecution in a
court of the United States or a court of a State, or both;
(5) the term ``kidnapping'' means an offense that has as
its elements the abduction, restraining, confining, or
carrying away of another person by force or threat of force;
(6) the term ``serious violent felony'' means--
(A) a Federal or State offense, by whatever designation and
wherever committed, consisting of murder (as described in
section 1111 of title 18, United States Code); manslaughter
other than involuntary manslaughter (as described in section
1112 of such title); assault with intent to commit murder (as
described in section 113(a) of such title); assault with
intent to commit rape; aggravated sexual abuse and sexual
abuse (as described in sections 2241 and 2242 of such title);
abusive sexual contact (as described in section 2244(a)(1)
and 2244(a)(2) of such title); kidnapping; aircraft piracy
(as described in section 902(i)(2) or 902(n)(2) of the
Federal Aviation Act of 1958 (49 U.S.C. 1472(i)(2) or
(n)(2)); robbery (as described in section 2111 of title 18,
United States Code); carjacking (as described in section 2119
of title 18) extortion; arson; firearms use; or attempt,
conspiracy, or solicitation to commit any of the above
offenses;
(B) any other offense punishable by a maximum term of
imprisonment of 10 years or more that has as an element the
use, at-
[[Page 689]]
tempted use, or threatened use of physical force against the
person of another or that, by its nature, involves a
substantial risk that physical force against the person of
another may be used in the course of committing the offense;
(C) robbery; an attempt, conspiracy, or solicitation to
commit robbery, or an offense described in paragraph (6)(B)
shall not serve as a basis for sentencing under this title if
the defendant establishes by clear and convincing evidence
that--
(i) no firearm or other dangerous weapon was involved in
the offense; and
(ii) the offense did not result in death or serious bodily
injury (as defined in section 1365) to any person; or
(D) arson shall not serve as the basis for sentencing under
this title if the defendant establishes by clear and
convincing evidence that--
(i) the offense posed no threat to human life; and
(ii) the defendant reasonably believed the offense posed no
threat to human life;
(7) the term ``serious drug offense'' means--
(i) an offense subject to a penalty provided for in section
401(b)(1)(A) or 408 of the Controlled Substances Act or
section 1010(b)(1)(A) of the Controlled Substances Import and
Export Act; or
(ii) an offense under State law that, had the offense been
prosecuted in a court of the United States, would have been
subject to a penalty provided for in section 401(b)(1)(A) or
408 of the Controlled Substances Act or section 1010(b)(1)(A)
of the Controlled Substances Import and Export Act.
(8) the term ``State'' means a State of the United States,
the District of Columbia, or any commonwealth, territory, or
possession of the United States.
At the end insert the following new title:
TITLE XXIV--CRIMINAL ALIENS
SEC. 2401. INCARCERATION OF UNDOCUMENTED CRIMINAL ALIENS.
(a) Incarceration.--Section 242 of the Immigration and
Nationality Act (8 U.S.C. 1252) is amended by adding at the
end the following:
``(j) Incarceration.--
``(1) If the chief official of the State (or, if
appropriate, a political subdivision of the State) exercising
authority with respect to the incarceration of an
undocumented criminal alien (sentenced to a determinate term
of imprisonment) submits a written request to the Attorney
General, the Attorney General shall, as determined by the
Attorney General--
``(A) enter into a contractual arrangement which provides
for compensation to the State of a political subdivision of
the State, as may be appropriate, with respect to the
incarceration of such undocumented criminal alien for such
determinate sentence of imprisonment, or
``(B) take the undocumented criminal alien into the custody
of the Federal Government and incarcerate such alien for such
determinate sentence of imprisonment.
``(2) Compensation under paragraph (1)(A) shall be
determined by the Attorney General and may not exceed the
median cost of incarceration of a prisoner in all maximum
security facilities in the United States as determined by the
Bureau of Justice Statistics.
``(3) For purposes of this subsection, the term
`undocumented criminal alien' means an alien who--
``(A) has been convicted of a felony and sentenced to a
term of imprisonment, and
``(B)(i) entered the United States without inspection or at
any time or place other than as designated by the Attorney
General,
``(ii) was the subject of exclusion or deportation
proceedings at the time he or she was taken into custody by
the State or a political subdivision of the State, or
``(iii) was admitted as a nonimmigrant and at the time he
or she was taken into custody by the State or a political
subdivision of the State has failed to maintain the
nonimmigrant status in which the alien was admitted or to
which it was changed under section 248, or to comply with the
conditions of any such status.
``(4)(A) In carrying out paragraph (1), the Attorney
General shall give priority to the Federal incarceration of
undocumented criminal aliens who have committed aggravated
felonies.
``(B) The Attorney General shall ensure that undocumented
criminal aliens incarcerated in Federal facilities pursuant
to this subsection are held in facilities which provide a
level of security appropriate to the crimes for which they
were convicted.''
(b) Effective Date.--The amendments made by this section
shall take effect October 1, 1994.
(c) Limitation.--The authority created in section 242(j) of
the Immigration and Nationality Act (as added by subsection
(a)) shall be subject to appropriation until October 1, 1998.
At the end of the bill add the following new title:
TITLE --NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION
SEC. . AUTHORIZING ACCESS TO FEDERAL CRIMINAL INFORMATION
DATA BASES.
(a) Access.--The Attorney General shall amend existing
regulations (published at 28 C.F.R. 20.33(a)) to authorize
the dissemination of information from existing national crime
information databases, including the National Crime
Information Center and III (``Triple I''), to courts and
court personnel, civil or criminal, for use in domestic
violence or stalking cases. Nothing in this subsection shall
be construed to permit any person or court access to criminal
history record information for any other purpose or for any
other civil case other than for use in a stalking or domestic
violence case.
(b) Entry.--The Attorney General shall amend existing
regulations to permit Federal and State criminal justice
agencies, assigned to input information into national crime
information databases, to include arrests, warrants, and
orders for the protection of parties from stalking or
domestic violence, whether issued by a criminal, civil, or
family court. Such amendment shall include a definition of
criminal history information that covers warrants, arrests,
and orders for the protection of parties from stalking or
domestic violence. Nothing in this subsection shall be
construed to permit access to such information for any
purpose which is different than the purposes described in
subsection (a).
(c) Procedures.--The regulations required by subsection (a)
shall be proposed no later than 90 days after the date of the
enactment of this Act, after appropriate consultation with
the Director of the Federal Bureau of Investigation, the
officials charged with managing the National Crime
Information Center, and the National Crime Information Center
Advisory Policy Board. Final regulations shall be issued no
later than 180 days after the date of the enactment of this
Act.
SEC. . NONSERIOUS OFFENSE BAR.
The Attorney General shall amend existing regulations to
specify that the term ``nonserious offenses'', as used in 28
C.F.R. 20.32, does not include stalking or domestic violence
offenses. Nothing in this section is intended to change
current regulations requiring that juvenile offenses shall be
excluded from national crime information databases unless the
juvenile has been tried as an adult.
SEC. . PERFORMANCE GRANT PROGRAM.
(a) In General.--The Attorney General, through the Director
of the Bureau of Justice Assistance, is authorized to provide
performance grants to the States to improve processes for
entering data about stalking and domestic violence into
national crime information databases.
(b) Eligibility.--Eligible grantees under subsection (a)
are States that provide, in their application, that all
criminal justice agencies within their jurisdiction shall
enter into the National Crime Information Center all records
of (1) warrants for the arrest of persons violating civil
protection orders intended to protect victims from stalking
or domestic violence; (2) arrests of persons violating civil
protection orders intended to protect victims from stalking
or domestic violence; and (3) orders for the protection of
persons from violence, including stalking and domestic
violence.
(c) Performance-Based Distribution.--Eligible grantees
under subsection (a) shall be awarded 25 percent of their
grant moneys upon application approval as ``seed money'' to
cover start-up costs for the project funded by the grant.
Upon successful completion of the performance audit provided
in subsection (d), the grantees shall be awarded the
remaining sums in the grant.
(d) Performance Audit.--Within 6 months after the initial
25 percent of a grant is provided, the State shall report to
the Federal Bureau of Investigation and the Bureau of Justice
Assistance, the number of records included in national crime
information databases as a result of the grant funding,
including separate data for warrants, arrests, and protective
orders. If the State can show a substantial increase in the
number of records entered, then it shall be eligible for the
entire grant amount. However, the Director shall suspend
funding for an approved application if an applicant fails to
submit a 6 month performance report or if funds are expended
for purposes other than those set forth under this title.
Federal funds may be used to supplement, not supplant, State
funds.
(e) Grant Amount.--From amounts appropriated, the amount of
grants under subsection (a) shall be--
(1) $75,000 to each State; and
(2) That portion of the then remaining available money to
each State that results from a distribution among the States
on the basis of each State's population in relation to the
population of all States.
SEC. . APPLICATION REQUIREMENTS.
The application requirements provided in section 513 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3711 et seq.) shall apply to grants made under this title. In
addition, applications shall include documentation showing--
(1) the need for grant funds and that State funding does
not already cover these operations;
(2) intended use of the grant funds, including a plan of
action to increase record input; and
(3) an estimate of expected results from the use of the
grant funds.
SEC. . DISBURSEMENT.
(a) General Rule.--No later than 30 days after the receipt
of an application under this title, the Director shall either
disburse the appropriate sums provided for under this title
or shall inform the applicant why the application does not
conform to the terms of section 513 of the Omnibus Crime
Control and Safe Streets Act of 1968 or to the requirements
of section of this title.
(b) Regulations.--In disbursing moneys under this title,
the Director of the Bureau of Justice Assistance shall issue
regulations to ensure that grantees give priority to the
areas with the greatest showing of need.
[[Page 690]]
SEC. . FEDERAL NONMONETARY ASSISTANCE.
In addition to the assistance provided under the
performance grant program, the Attorney General may direct
any Federal agency, with or without reimbursement, to use its
authorities and the resources granted to it under Federal law
(including personnel, equipment, supplies, facilities, and
managerial, technical, and advisory services) in support of
State and local law enforcement efforts to combat stalking
and domestic violence.
SEC. . AUTHORIZATION.
There are authorized to be appropriated for each of the
fiscal years 1994, 1995, and 1996, $2,000,000 to carry out
the purposes of the Performance Grant Program under this
title.
SEC. . TRAINING PROGRAMS FOR JUDGES.
The National Institute of Justice, in conjunction with a
nationally recognized nonprofit organization expert in
stalking and domestic violence cases, shall conduct training
programs for judges to ensure that any judge issuing an order
in stalking or domestic violence cases has all available
criminal history and other information, whether from State or
Federal sources.
SEC. . RECOMMENDATIONS ON INTRASTATE COMMUNICATION.
The National Institute of Justice, after consulting a
nationally recognized nonprofit associations expert in data
sharing among criminal justice agencies and familiar with the
issues raised in stalking and domestic violence cases, shall
recommend proposals about how State courts may increase
intrastate communication between family courts, juvenile
courts, and criminal courts.
SEC. . INCLUSION IN NATIONAL INCIDENT-BASED REPORTING
SYSTEM.
Not later than 2 years after the date of enactment of this
Act, the Attorney General, in coordination with the Federal
Bureau of Investigation and the States, shall compile data
regarding stalking civil protective orders and other forms of
domestic violence as part of the National Incident-Based
Reporting System (NIBRS).
SEC. . REPORT TO CONGRESS.
The Attorney General shall submit to the Congress an annual
report, beginning one year after the date of the enactment of
this Act, that reports information on the incidence of
stalking and other forms of domestic violence, and evaluates
the effectiveness of State anti-stalking efforts and
legislation.
SEC. . DEFINITIONS.
As used in this title--
(1) the term ``national crime information databases''
refers to the National Crime Information Center and its
incorporated criminal history databases, including III
(``Triple I'');
(2) the term ``stalking'' includes any conduct that would,
if proven, justify the issuance of an order of protection
under the stalking, or other, laws of the State in which it
occurred; and
(3) the term ``domestic violence'' includes any conduct
that would, if proven, justify the issuance of an order of
protection under the domestic violence, or other, laws of the
State in which it occurred.
At the end, add the following:
TITLE --PROTECTING THE PRIVACY OF INFORMATION IN STATE MOTOR VEHICLE
RECORDS
SEC. . SHORT TITLE.
This title may be cited as the ``Driver's Privacy
Protection Act of 1994''.
SEC. . PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL
INFORMATION FROM STATE MOTOR VEHICLE RECORDS.
Title 18, United States Code, is amended by inserting after
chapter 121 the following:
``CHAPTER 123--PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL
INFORMATION FROM STATE MOTOR VEHICLE RECORDS
``Sec. 2721. Prohibition on release and use of certain
personal information from State motor vehicle records
``(a) In General.--Except as provided in subsection (b), a
State department of motor vehicles, and any officer,
employee, or contractor thereof, shall not knowingly disclose
or otherwise make available to any person or entity personal
information about any individual obtained by the department
in connection with a motor vehicle record.
``(b) Permissible Uses.--Personal information referred to
in subsection (a) of this section shall be disclosed for
paragraphs (1) and (2) to carry out the purpose of the
Automobile Information Disclosure Act, the Motor Vehicle
Information and Cost Saving Act, the National Traffic and
Motor Vehicle Safety Act of 1966, the Anti-Car Theft Act of
1992, and the Clean Air Act, and may be disclosed for
paragraphs (3) through (14), as follows:
``(1) For use by any Federal, State, or local agency,
including any court or law enforcement agency, in carrying
out its functions, or any private person or entity acting on
behalf of a Federal, State, or local agency in carrying out
its functions.
``(2) For use in connection with matters of motor vehicle
or driver safety and theft, motor vehicle emissions, motor
vehicle product alteration, recall or advisory, and motor
vehicle customer satisfaction.
``(3) For use in the normal course of business by a
legitimate business or its agents, employees, or contractors,
but only--
``(A) to verify the accuracy of personal information
submitted by the individual to the business or its agents,
employees, or contractors; and
``(B) if such information as so submitted is not correct or
is no longer correct, to obtain the correct information, but
only for the purposes of preventing fraud by, pursuing legal
remedies against, or recovering on a debt or security
interest against, the individual.
``(4) For use in connection with any civil, criminal,
administrative, or arbitral proceeding in any Federal, State,
or local court or agency or before any self-regulatory body,
including the service of process, investigation in
anticipation of litigation, and the execution or enforcement
of judgments and orders, or pursuant to an order of a
Federal, State, or local court
``(5) For use in research activities, including survey
research, and for use in producing statistical reports,
provided that the personal information is not published or
redisclosed and provided that the personal information is not
used to direct solicitations or marketing offers at the
individuals whose personal information is disclosed under
this paragraph.
``(6) For use by any insurer or insurance support
organization, or by a self-insured entity, or its agents,
employees, or contractors, in connection with claims
investigation activities, antifraud activities, rating or
underwriting.
``(7) For the purpose of providing notice of the owners of
towed or impounded vehicles.
``(8) For use by any licensed private investigative agency
or licensed security service for any purpose permitted under
this subsection,
``(9) For use by an employer or its agent or insurer to
obtain or verify information relating to a holder of a
commercial driver's license that is required under the
Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. App.
2710 et seq.).
``(10) For use in connection with the operation of private
toll transportation facilities.
``(11) For any other purpose in response to requests for
individual motor vehicle records if the motor vehicle
department has provided in a clear and conspicuous manner to
the individual to whom the information pertains an
opportunity to prohibit such disclosures.
``(12) For bulk distribution for marketing or solicitations
if the motor vehicle department has implemented methods and
procedures to ensure--
``(A) that individuals are provided an opportunity, in a
clear and conspicuous manner, to prohibit such disclosure;
and
``(B) that the information will be used, rented, or sold
solely for bulk distribution for marketing and solicitations,
and that such solicitations will not be directed at those
individuals who have requested in a timely fashion that they
not be directed at them.
`Methods and procedures' includes the motor vehicle
department's use of a mail preference list to remove from its
records before bulk distribution the names and personal
information of those individuals who have requested that
solicitations not be directed at them.
``(13) For use by any requestor, if the requestor
demonstrates it has obtained the written consent of the
individual to whom the information pertains.
``(14) For any other purpose specifically authorized under
the law of the State that holds the record, if such purpose
is related to the operation of a motor vehicle or public
safety.
``(c) Resale or Redisclosure.--Any authorized recipient of
personal information may resell or redisclose the information
for any use permitted under subsection (b). Any authorized
recipient (except a recipient under subsections (b)(11) or
(12)) that resells or rediscloses personal information
covered by this title must keep for a period of 5 years
records identifying each person or entity that receives the
information and the permitted purpose for which the
information will be used.
``(d) Waiver Procedures.--A State motor vehicle department
may establish and carry out procedures under which the
department or its agents, upon receiving a request for
personal information that does not fall within one of the
exceptions in subsection (b), may mail a copy of the request
to the individual about whom the information was requested,
informing such individual of the request, together with a
statement to the effect that the information will not be
released unless the individual waives such individual's right
to privacy under this section.
Sec. 2722. Additional unlawful acts
``(a) Procurement for Unlawful Purpose.--It shall be
unlawful for any person knowingly to obtain or disclose
personal information, from a motor vehicle record, for any
purpose not permitted under section 2721(b) of this title.
``(b) False Representations.--It shall be unlawful for any
person to make false representation to obtain any personal
information from an individual's motor vehicle record.
Sec. 2723. Criminal penalty
``Any person that knowingly violates this chapter shall be
fined under this title.
Sec. 2724. Civil Action
``(a) Cause of Action.--A person who knowingly obtains,
discloses or uses personal information, derived from a motor
vehicle record, for a purpose not permitted under this
chapter shall be liable to the individual to whom the
information pertains, who may bring a civil action in a
United States district court.
``(b) Remedies.--The court may award--
``(1) actual damages, but not less than liquidated damages
in the amount of $2,500;
[[Page 691]]
``(2) punitive damages upon proof of willful or reckless
disregard of the law;
``(3) reasonable attorneys' fees and other litigation costs
reasonably incurred; and
``(4) such other preliminary and equitable relief as the
court determines to be appropriate.
Sec. 2725. Definitions
``As used in this chapter--
``(1) ``motor vehicle record'' means any record that
pertains to a motor vehicle operator's permit, motor vehicle
title, motor vehicle registration, or identification card
issued by a department of motor vehicles;
``(2) ``personal information'' means information that
identifies an individual, including an individual's
photograph, social security number, driver identification
number, name, address (by not the 5-digit zip code),
telephone number, and medical or disability information. Such
term does not include information on vehicular accidents,
driving violations, and driver's status; and
``(3) ``person'' means an individual, organization or
entity, but does not include a State or agency thereof.''.
SEC. . EFFECTIVE DATE.
This title shall take effect 3 years after the date of
enactment. in the interim, personal information covered by
this title may be released consistent with State law or
practice.
At the end of the bill insert the following:
TITLE --CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS ACT
SEC. . EXHAUSTION REQUIREMENT.
Section 8 of the Civil Rights of Institutionalized Persons
Act (42 U.S.C. 1997e) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``in any action brought'' and inserting
``no action shall be brought'';
(ii) by striking ``the court shall'' and all that follows
through ``require exhaustion of'' and insert ``until''; and
(iii) by inserting ``are exhausted'' after ``available'';
and
(B) in paragraph (2), by inserting ``or are otherwise fair
and effective'' before the period at the end.
SEC. . FRIVOLOUS ACTIONS.
Section 8(a) of the Civil Rights of Institutionalized
Persons Act (42 U.S.C. 1997e(a)) is amended by adding at the
end the following:
``(3) The court shall on its own motion or on motion of a
party dismiss any action brought pursuant to section 1979 of
the Revised Statutes of the United States by an adult
convicted of a crime and confined in any jail, prison, or
other correctional facility if the court is satisfied that
the action fails to state a claim upon which relief can be
granted or is frivolous or malicious.
SEC. . MODIFICATION OF REQUIRED MINIMUM STANDARDS.
Section 8(b)(2) of the Civil Rights of Institutionalized
Persons Act (42 U.S.C. 1997e(b)(2)) is amended by striking
subparagraph (A) and redesignating subparagraphs (B) through
(E) as subparagraphs (A) through (D), respectively.
SEC. . REVIEW AND CERTIFICATION PROCEDURE CHANGES.
Section 8(c) of the Civil Rights of Institutionalized
Persons Act (42 U.S.C. 1997e(c) is amended--
(1) in paragraph (1), by inserting ``or are otherwise fair
and effective'' before the period at the end; and
(2) in paragraph (2), by inserting ``or is no longer fair
and effective'' before the period at the end.
SEC. . PROCEEDINGS IN FORMA PAUPERIS.
(a) Dismissal.--Section 1915(d) of title 28, United States
Code, is amended--
(1) by inserting ``at any time'' after ``counsel and may'';
and
(2) by striking ``and may'' and inserting ``and shall'';
(3) by inserting ``fails to state a claim upon which relief
may be granted or'' after ``that the action''; and
(4) by inserting ``even if partial failing fees have been
imposed by the court'' before the period.
(b) Prisoner's Statement of Assets.--Section 1915 of title
28, United States Code, is amended by adding at the end the
following:
``(f) If a prisoner in a correctional institution files an
affidavit in accordance with subsection (a) of this section,
such prisoner shall include in that affidavit a statement of
all assets such prisoner possesses. The court shall make
inquiry of the correctional institution in which the prisoner
is incarcerated for information available to that institution
relating to the extent of the prisoner's assets. The court
shall require full or partial payment of filing fees
according to the prisoner's ability to pay.''.
At the end of the bill insert the following:
TITLE --PRISON OVERCROWDING
SEC. . APPROPRIATE REMEDIES FOR PRISON OVERCROWDING.
(a) Amendment of Title 18, United States Code.--Subchapter
C of chapter 229 of part 2 of title 18, United States Code,
is amended by adding at the end the following.
``Sec. 3626. Appropriate remedies with respect to prison
crowding
``(a) Requirement of Showing With Respect To the Plaintiff
in Particular.--
``(1) Holding.--A Federal court shall not hold prison or
jail crowding unconstitutional under the eighth amendment
except to the extent that an individual plaintiff inmate
proves that the crowding causes the infliction of cruel and
unusual punishment of that inmate.
``(2) Relief.--The relief in a case described in paragraph
(1) shall extend no further than necessary to remove the
conditions that are causing the cruel and unusual punishment
of the plaintiff inmate.
``(b) Inmate Population Ceilings.--
``(1) Requirement of showing with respect to particular
prisoners.--A Federal court shall not place a ceiling on the
inmate population of any Federal, State, or local detention
facility as an equitable remedial measure for conditions that
violate the eighth amendment unless crowding is inflicting
cruel and usual punishment on particular identified
prisoners.
``(2) Rule of construction.--Paragraph (1) of this
subsection shall not be construed to have any effect on
Federal judicial power to issue equitable relief other than
that described in paragraph (1) of this subsection, including
the requirement of improved medical or health care and the
imposition of civil contempt fines or damages, where such
relief is appropriate.
``(c) Periodic Reopening.--Each Federal court order or
consent decree seeking to remedy an eighth amendment
violation shall be reopened at the behest of a defendant for
recommended modification at a minimum of 2-year intervals.''.
(b) Application of Amendment.--Section 3626 of title 18,
United States Code, as added by paragraph (1), shall apply to
all outstanding court orders on the date of enactment of this
Act. Any State or municipality shall be entitled to seek
modification of any outstanding eighth amendment decree
pursuant to that section.
(c) Clerical Amendment.--The table of sections at the
beginning of subchapter C of chapter 229 of title 18, United
States Code, is ameneded by adding at the end the following
new item:
``3626. Appropriate remedies with respect to prison crowding.''.
(d) Sunset Provision.--This section and the amendments made
by this section are repealed effective as of the date that is
5 years after the date of enactment of this Act.
Add at the end the following:
TITLE --PRISON SECURITY ENHANCEMENT
SEC. . PRISON SECURITY.
(a) In General.--Chapter 303 of title 18, United States
Code, is amended by adding at the end the following new
section:
``Sec. 4047. Strength-training of prisoners prohibited
``The Bureau of Prisons shall take care that--
``(1) prisoners under its jurisdiction do not engage in any
activities designed to increase their physical strength or
their fighting ability; and
``(2) that all equipment designed for this purpose be
removed from Federal correctional facilities.''
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 303 of title 18, United States Code, is
amended by adding at the end the following new item:
``4047. Strength-training of prisoners prohibited.''.
At the end of the bill, insert the following:
TITLE --SENSE OF CONGRESS
SEC. . CHILD PORNOGRAPHY.
(a) Findings.--Congress finds that--
(1) child pornography is the permanent record of the sexual
abuse or exploitation of children;
(2) children who are victims of child pornography often
suffer severe physical and emotional harm;
(3) child pornography is a serious national problem;
(4) the Congress of the United States has a compelling
interest in the protection of children from sexual abuse and
exploitation by pornography (see New York v. Ferber, 458 U.S.
747 (1982));
(5) the Congress of the United States, in pursuit of this
compelling interest, has taken every opportunity to
strengthen child pornography laws and has, in clear and
unambiguous language, criminalized the production, interstate
distribution, receipt and possession of child pornography;
(6) the United States Department of Justice in its brief to
the United States Supreme Court in the case of Knox v. United
States, 92-1183, has failed to support the conviction of a
child pornographer won by the Department in the United States
District Court for the Middle District of Pennsylvania and
affirmed on appeal in the United States Court of Appeals for
the Third Circuit;
(7) the Department of Justice has used its brief in the
Knox case as a vehicle for reinterpretation of the Federal
child pornography laws in contravention to legislative
history and past prosecution practices of the Department of
Justice;
(8) the Department of Justice by declaring in its brief in
the Knox case that a pornographer who lasciviously exhibits
the genitals of children is prosecutable within the Federal
child pornography laws only if the depictions show a minor
engaged in the conduct of lasciviously exhibiting his or her
genitals or pubic area, creates a federally protected class
of child pornography, e.g. child pornography involving
children who are not knowingly engaged in lasciviously
exhibiting their genitals or pubic areas but whose genitals
or pubic areas are nonetheless lasciviously depicted by
others;
(9) the Department of Justice by declaring in its brief in
the Knox case in contravention to legislative history, that a
pornographer who lasciviously exhibits the genital or pubic
area of children is prosecutable within
[[Page 692]]
the Federal child pornography laws only if the genitals are
nude or visible creates a federally protected class of child
pornography, e.g. depictions which focus on a minor child's
clothed genital or pubic area with the obvious intent of
eliciting a sexual response in pedophiles;
(10) the plain meaning and congressional intent of the
language in section 2256 of title 18, United States Code, is
that the term ``lascivious exhibition'' refers to whether the
depiction is intended to elicit a sexual response from the
viewer, and not to the actions of the child;
(11) the Department of Justice has employed this meaning of
the term ``lascivious exhibition'' since it was included in
the laws in 1984, and Congress has not changed the meaning of
the term;
(12) Congress specifically repudiated a ``nudity''
requirement for child pornography statutes (see United States
v. Knox, 977 F. 2d 815, at 820-823, (3rd Cir., 1992));
(13) the ``harm Congress attempted to eradicate by enacting
child pornography laws is present when a photographer
unnaturally focuses on a minor child's clothed genital area
with the obvious intent to produce an image sexually arousing
to pedophiles.'' (see Knox at 822); and
(14) the Congress of the United States believes that the
reinterpretation of the Federal child pornography laws by
Department of Justice, unless reversed, will bring back
commercial child pornography and lead to a substantial
increase of sexual exploitation of children.
(b) Sense of Congress.--It is the sense of the House of
Representatives that the Department of Justice repudiate its
reinterpretation of Federal child pornography laws, defend
the conviction won in lower courts in the Knox case, and
vigorously prosecute sexual exploitation of children.
At the end thereof insert the following new section:
SEC. BORDER PATROL AGENTS.
In addition to such amounts as are otherwise authorized to
be appropriated, there is authorized to be appropriated for
each of the fiscal years 1995, 1996, 1997, 1998, and 1999 for
salaries and expenses of the Border Patrol such amounts as
may be necessary to provide for an increase in the number of
agents of the Border Patrol by 6,000 full-time equivalent
agent positions (and necessary support personnel positions)
beyond the number of such positions authorized for the Border
Patrol as of October 1, 1993.
Add at the end the following new title:
TITLE --LABELS ON PRODUCTS
SEC. . PLACEMENT OF MADE IN AMERICA LABELS ON PRODUCTS.
(a) Requirements for Use of Labels.--No product may bear a
label which states or suggests that the product was made in
America unless--
(1) the product has been registered with the Department of
Commerce under subsection (b); and
(2) the Secretary of Commerce has determined that--
(A) 60 percent of the product was manufactured in the
United States; and
(B) final assembly of the product took place in the United
States.
(b) Registry of American-Made Products.--Not later than 12
months after the Secretary has promulgated regulations
regarding the registration of products with the Department of
Commerce under this section, a person shall register with the
Department of Commerce any product on which there is or will
be affixed a label which states or suggests that the product
was made in America.
(c) Penalties for Fraudulent Use of Labels.--
(1) Civil fine.--Any person who, with an intent to defraud
or mislead, places on a product a label which states or
suggests that the product was ``made in America'' in
violation of this section may be assessed a civil penalty by
the Secretary of not more than $100,000. The Secretary may
issue an order assessing such civil penalty only after notice
and an opportunity for an agency hearing on the record. The
validity of such order may not be reviewed in an action to
collect such civil penalty.
(2) Injunctive relief.--The Secretary may bring an action
to enjoin the violation of, or to compel compliance with,
this section, whenever the Secretary believes that such a
violation has occurred or is about to occur.
(d) Regulations.--Not later than 12 months after the date
of the enactment of this Act, the Secretary shall promulgate
regulations establishing procedures under which a person
shall register a product under this section.
(e) Definitions.--For purposes of this section:
(1) Label.--The term ``label'' means any written, printed,
or graphic matter on, or attached to, a product or any of its
containers or wrappers.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
At the appropriate place in the bill add the following:
SECTION . AWARDS OF PELL GRANTS TO PRISONERS PROHIBITED.
Section 401(b)(8) the Higher Education Act of 1965 (20
U.S.C. 1070a(b)(8)) is amended to read as follows:
``(8) No basic grant shall be awarded under this subpart to
any individual who is incarcerated in any Federal or State
penal institution.''.
SEC. . EFFECTIVE DATE.
The amendment made by this Act shall apply with respect to
periods of enrollment beginning on or after the date of
enactment of this Act.
At the end of the bill, add the following new title:
TITLE ____POLICE CORPS AND LAW ENFORCEMENT SCHOLARSHIP ACT
SEC. ____. PURPOSES.
The purposes of this title are to--
(1) address violent crime by increasing the number of
police with advanced education and training on community
patrol; and
(2) provide educational assistance to law enforcement
personnel and to students who possess a sincere interest in
public service in the form of law enforcement.
SEC. ____. DEFINITIONS.
For purposes of this title--
(1) the term ``academic year'' means a traditional academic
year beginning in August or September and ending in the
following May or June;
(2) the term ``dependent child'' means a natural or adopted
child or stepchild of a law enforcement officer who at the
time of the officer's death--
(A) was no more than 21 years old; or
(B) if older than 21 years, was in fact dependent on the
child's parents for at least one-half of the child's support
(excluding educational expenses), as determined by the
Director;
(3) the term ``Director'' means the Director of the Office
of the Police Corps and Law Enforcement Education appointed
under section ____.
(4) the term ``educational expenses'' means expenses that
are directly attributable to--
(A) a course of education leading to the award of the
baccalaureate degree in legal- or criminal justice-related
studies; or
(B) a course of graduate study legal or criminal justice
studies following award of a baccalaureate degree,
including the cost of tuition, fees, books, supplies,
transportation, room and board and miscellaneous expenses.
(5) the term ``institution of higher education'' has the
meaning stated in the first sentence of section 1201(a) of
the Higher Education Act of 1965 (20 U.S.C. 1141(a));
(6) the term ``participant'' means a participant in the
Police Corps program selected pursuant to section ____;
(7) the term ``State'' means a State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands; and
(8) the term ``State Police Corps program'' means a State
police corps program that meets the requirements of section
____.
Subtitle A--Police Corps
SEC. ____. ESTABLISHMENT OF OFFICE OF THE POLICE CORPS AND
LAW ENFORCEMENT EDUCATION.
(a) Establishment.--There is established in the Department
of Justice, under the general authority of the Attorney
General, an Office of the Police Corps and Law Enforcement
Education.
(b) Appointment of Director.--The Office of the Police
Corps and Law Enforcement Education shall be headed by a
Director who shall be appointed by the President, by and with
the advice and consent of the Senate.
(c) Responsibilities of Director.--The Director shall be
responsible for the administration of the Police Corps
program established by this subtitle and shall have authority
to promulgate regulations to implement this subtitle.
SEC. ____. DESIGNATION OF LEAD AGENCY AND SUBMISSION OF STATE
PLAN.
(a) Lead Agency.--A State that desires to participate in
the Police Corps program under this subtitle shall designate
a lead agency that will be responsible for--
(1) submitting to the Director a State plan described in
subsection (b); and
(2) administering the program in the State.
(b) State Plans.--A State plan shall--
(1) contain assurances that the lead agency shall work in
cooperation with the local law enforcement liaisons,
representatives of police labor organizations and police
management organizations, and other appropriate State and
local agencies to develop and implement interagency
agreements designed to carry out the program;
(2) contain assurances that the State shall advertise the
assistance available under this subtitle;
(3) contain assurances that the State shall screen and
select law enforcement personnel for participation in the
program; and
(4) meet the requirements of section ____.
SEC. ____. SCHOLARSHIP ASSISTANCE.
(a) Scholarships Authorized.--(1) The Director may award
scholarships to participants who agree to work in a State or
local police force in accordance with agreements entered into
pursuant to subsection (d).
(2)(A) Except as provided in subparagraph (B), each
scholarship payment made under this section for each academic
year shall not exceed--
(i) $7,500; or
(ii) the cost of the educational expenses related to
attending an institution of higher education.
(B) In the case of a participant who is pursuing a course
of educational study during substantially an entire calendar
year, the amount of scholarship payments made during such
year shall not exceed $10,000.
(C) The total amount of scholarship assistance received by
any one participant under this section shall not exceed
$30,000.
(3) Participants who receive scholarship assistance under
this section shall continue to
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receive such scholarship payments only during such periods as
the Director finds that the recipient is maintaining
satisfactory progress as determined by the institution of
higher education the recipient is attending.
(4)(A) The Director shall make scholarship payments under
this section directly to the institution of higher education
that the student is attending.
(B) Each institution of higher education receiving a
payment on behalf of a participant pursuant to subparagraph
(A) shall remit to such student any funds in excess of the
costs of tuition, fees, and room and board payable to the
institution.
(b) Reimbursement Authorized.--(1) The Director may make
payments to a participant to reimburse such participant for
the costs of educational expenses if the student agrees to
work in a State or local police force in accordance with the
agreement entered into pursuant to subsection (d).
(2)(A) Each payment made pursuant to paragraph (1) for each
academic year of study shall not exceed--
(i) $7,500; or
(ii) the cost of educational expenses related to attending
an institution of higher education.
(B) In the case of a participant who is pursuing a course
of educational study during substantially an entire calendar
year, the amount of scholarship payments made during such
year shall not exceed $10,000.
(C) The total amount of payments made pursuant to
subparagraph (A) to any 1 student shall not exceed $30,000.
(c) Use of Scholarship.--Scholarships awarded under this
subsection shall only be used to attend a 4-year institution
of higher education, except that--
(1) scholarships may be used for graduate and professional
study; and
(2) if a participant has enrolled in the program upon or
after transfer to a 4-year institution of higher education,
the Director may reimburse the participant for the
participant's prior educational expenses.
(d) Agreement.--(1)(A) Each participant receiving a
scholarship or a payment under this section shall enter into
an agreement with the Director.
(B) An agreement under subparagraph (A) shall contain
assurances that the participant shall--
(i) after successful completion of a baccalaureate program
and training as prescribed in section ____, work for 4 years
in a State or local police force without there having arisen
sufficient cause for the participant's dismissal under the
rules applicable to members of the police force of which the
participant is a member;
(ii) complete satisfactorily--
(I) an educational course of study and receipt of a
baccalaureate degree (in the case of undergraduate study) or
the reward of credit to the participant for having completed
one or more graduate courses (in the case of graduate study);
and
(II) Police Corps training and certification by the
Director that the participant has met such performance
standards as may be established pursuant to section ____; and
(iii) repay all of the scholarship or payment received plus
interest at the rate of 10 percent if the conditions of
clauses (i) and (ii) are not complied with.
(2)(A) A participant who receives a scholarship or payment
under this section shall not be considered to be in violation
of the agreement entered into pursuant to paragraph (1) if
the recipient--
(i) dies; or
(ii) becomes permanently and totally disabled as
established by the sworn affidavit of a qualified physician.
(B) If the participant who has received a scholarship is
unable to comply with the repayment provision set forth in
paragraph (1)(B)(ii) because of a physical or emotional
disability or for good cause as determined by the Director,
the Director may substitute community service in a form
prescribed by the Director for the required repayment.
(C) The Director shall expeditiously seek repayment from a
participant who violates an agreement described in paragraph
(1).
(e) Dependent Child.--(1) A dependent child of an
individual referred to in paragraph (2) shall be entitled to
the scholarship assistance authorized in this section for any
course of study in any accredited institution of higher
education. Such dependent child shall not incur any repayment
obligation in exchange for the scholarship assistance
provided in this section.
(2) For purposes of paragraph (1), an individual is a law
enforcement officer--
(A) who is a member of a State or local police force or is
a Federal criminal investigator or uniformed police officer;
(B) who is not a participant in the Police Corps program,
but who serves in a State for which the Director has approved
a State Police Corps plan; and
(C) who is killed in the course of performing police
duties.
(f) Application.--Each participant desiring a scholarship
or payment under this section shall submit an application as
prescribed by the Director in such manner and accompanied by
such information as the Director may reasonably require.
SEC. ____. SELECTION OF PARTICIPANTS.
(a) In General.--Participants in State Police Corps
programs shall be selected on a competitive basis by each
State under regulations prescribed by the Director.
(b) Selection Criteria and Qualifications.--(1) In order to
participate in a State Police Corps program, a participant
shall--
(A) be a citizen of the United States or an alien lawfully
admitted for permanent residence in the United States;
(B) meet the requirements for admission as a trainee of the
State or local police force to which the participant will be
assigned pursuant to section ____(c)(5), including
achievement of satisfactory scores on any applicable
examination, except that failure to meet the age requirement
for a trainee of the State or local police shall not
disqualify the applicant if the applicant will be of
sufficient age upon completing an undergraduate course of
study;
(C) possess the necessary mental and physical capabilities
and emotional characteristics to discharge effectively the
duties of a law enforcement officer;
(D) be of good character and demonstrate sincere motivation
and dedication to law enforcement and public service;
(E) in the case of an undergraduate, agree in writing that
the participant will complete an educational course of study
leading to the award of a baccalaureate degree and will then
accept an appointment and complete 4 years of service as an
officer in the State police or in a local police department
within the State;
(F) in the case of a participant desiring to undertake or
continue graduate study, agree in writing that the
participant will accept an appointment and complete 4 years
of service as an officer in the State police or in a local
police department within the State before undertaking or
continuing graduate study;
(G) contract, with the consent of the participant's parent
or guardian if the participant is a minor, to serve for 4
years as an officer in the State police or in a local police
department, if an appointment is offered; and
(H) except as provided in paragraph (2), be without
previous law enforcement experience.
(2)(A) Until the date that is 5 years after the date of
enactment of this title, up to 10 percent of the applicants
accepted into a State Police Corps program may be persons
who--
(i) have had some law enforcement experience; and
(ii) have demonstrated special leadership potential and
dedication to law enforcement.
(B)(i) The prior period of law enforcement of a participant
selected pursuant to subparagraph (A) shall not be counted
toward satisfaction of the participant's 4-year service
obligation under section ____, and such a participant shall
be subject to the same benefits and obligations under this
subtitle as other participants, including those stated in
subsection (b)(1)(E) and (F).
(ii) Clause (i) shall not be construed to preclude counting
a participant's previous period of law enforcement experience
for purposes other than satisfaction of the requirements of
section ____, such as for purposes of determining such a
participant's pay and other benefits, rank, and tenure.
(3) It is the intent of this subtitle that there shall be
no more than 20,000 participants in each graduating class.
The Director shall approve State plans providing in the
aggregate for such enrollment of applicants as shall assure,
as nearly as possible, annual graduating classes of 20,000.
In a year in which applications are received in a number
greater than that which will produce, in the judgment of the
Director, a graduating class of more than 20,000, the
Director shall, in deciding which applications to grant, give
preference to those who will be participating in State plans
that provide law enforcement personnel to areas of greatest
need.
(c) Recruitment of Minorities.--Each State participating in
the Police Corps program shall make special efforts to seek
and recruit applicants from among members of all racial,
ethnic or gender groups. This subsection does not authorize
an exception from the competitive standards for admission
established pursuant to subsections (a) and (b).
(d) Enrollment of Applicant.--(1) An applicant shall be
accepted into a State Police Corps program on the condition
that the applicant will be matriculated in, or accepted for
admission at, a 4-year institution of higher education--
(A) as a full-time student in an undergraduate program; or
(B) for purposes of taking a graduate course.
(2) If the applicant is not matriculated or accepted as set
forth in paragraph (1), the applicant's acceptance in the
program shall be revoked.
(e) Leave of Absence.--(1) A participant in a State Police
Corps program who requests a leave of absence from
educational study, training or service for a period not to
exceed 1 year (or 18 months in the aggregate in the event of
multiple requests) due to temporary physical or emotional
disability shall be granted such leave of absence by the
State.
(2) A participant who requests a leave of absence from
educational study, training or service for a period not to
exceed 1 year (or 18 months in the aggregate in the event of
multiple requests) for any reason other than those listed in
paragraph (1) may be granted such leave of absence by the
State.
(3) A participant who requests a leave of absence from
educational study or training for a period not to exceed 30
months to serve on an official church mission may be granted
such leave of absence.
(f) Admission of Applicants.--An applicant may be admitted
into a State Police Corps program either before commencement
of or during the applicant's course of educational study.
SEC. ____. POLICE CORPS TRAINING.
(a) In General.--(1) The Director shall establish programs
of training for State Police
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Corps participants. Such programs may be carried out at up to
3 training centers established for this purpose and
administered by the Director, or by contracting with existing
State training facilities. The Director shall contract with a
State training facility upon request of such facility if the
Director determines that such facility offers a course of
training substantially equivalent to the Police Corps
training program described in this subtitle.
(2) The Director may enter into contracts with individuals,
institutions of learning, and government agencies (including
State and local police forces) to obtain the services of
persons qualified to participate in and contribute to the
training process.
(3) The Director may enter into agreements with agencies of
the Federal Government to utilize on a reimbursable basis
space in Federal buildings and other resources.
(4) The Director may authorize such expenditures as are
necessary for the effective maintenance of the training
centers, including purchases of supplies, uniforms, and
educational materials, and the provision of subsistence,
quarters, and medical care to participants.
(b) Training Sessions.--A participant in a State Police
Corps program shall attend two 8-week training sessions at a
training center, one during the summer following completion
of sophomore year and one during the summer following
completion of junior year. If a participant enters the
program after sophomore year, the participant shall complete
16 weeks of training at times determined by the Director.
(c) Further Training.--The 16 weeks of State Police Corps
training authorized in this section is intended to serve as
basic law enforcement training but not to exclude further
training of participants by the State and local authorities
to which they will be assigned. Each State plan approved by
the Director under section ____ shall include assurances that
following completion of a participant's course of education
each participant shall receive appropriate additional
training by the State or local authority to which the
participant is assigned. The time spent by a participant in
such additional training, but not the time spent in State
Police Corps training, shall be counted toward fulfillment of
the participant's 4-year service obligation.
(d) Course of Training.--The training sessions at training
centers established under this section shall be designed to
provide basic law enforcement training, including vigorous
physical and mental training to teach participants self-
discipline and organizational loyalty and to impart knowledge
and understanding of legal processes and law enforcement.
(e) Evaluation of Participants.--A participant shall be
evaluated during training for mental, physical, and emotional
fitness, and shall be required to meet performance standards
prescribed by the Director at the conclusion of each training
session in order to remain in the Police Corps program.
(f) Stipend.--The Director shall pay participants in
training sessions a stipend of $250 a week during training.
SEC. ____. SERVICE OBLIGATION.
(a) Swearing In.--Upon satisfactory completion of the
participant's course of education and training program
established in section ____ and meeting the requirements of
the police force to which the participant is assigned, a
participant shall be sworn in as a member of the police force
to which the participant is assigned pursuant to the State
Police Corps plan, and shall serve for 4 years as a member of
that police force.
(b) Rights and Responsibilities.--A participant shall have
all of the rights and responsibilities of and shall be
subject to all rules and regulations applicable to other
members of the police force of which the participant is a
member, including those contained in applicable agreements
with labor organizations and those provided by State and
local law.
(c) Discipline.--If the police force of which the
participant is a member subjects the participant to
discipline such as would preclude the participant's
completing 4 years of service, and result in denial of
educational assistance under section ____, the Director may,
upon a showing of good cause, permit the participant to
complete the service obligation in an equivalent alternative
law enforcement service and, if such service is
satisfactorily completed, section ____(d)(1)(B)(iii) shall
not apply.
(d) Layoffs.--If the police force of which the participant
is a member lays off the participant such as would preclude
the participant's completing 4 years of service, and result
in denial of educational assistance under section ____, the
Director may permit the participant to complete the service
obligation in an equivalent alternative law enforcement
service and, if such service is satisfactorily completed,
section ____(d)(1)(B)(iii) shall not apply.
SEC. ____. STATE PLAN REQUIREMENTS.
A State Police Corps plan shall--
(1) provide for the screening and selection of participants
in accordance with the criteria set out in section ____;
(2) State procedures governing the assignment of
participants in the Police Corps program to State and local
police forces (no more than 10 percent of all the
participants assigned in each year by each State to be
assigned to a statewide police force or forces);
(3) provide that participants shall be assigned to those
geographic areas in which--
(A) there is the greatest need for additional law
enforcement personnel; and
(B) the participants will be used most effectively;
(4) provide that to the extent consistent with paragraph
(3), a participant shall be assigned to an area near the
participant's home or such other place as the participant may
request;
(5) provide that to the extent feasible, a participant's
assignment shall be made at the time the participant is
accepted into the program, subject to change--
(A) prior to commencement of a participant's fourth year of
undergraduate study, under such circumstances as the plan may
specify; and
(B) from commencement of a participant's fourth year of
undergraduate study until completion of 4 years of police
service by participant, only for compelling reasons or to
meet the needs of the State Police Corps program and only
with the consent of the participant;
(6) provide that no participant shall be assigned to serve
with a local police force--
(A) whose size has declined by more than 5 percent since
June 21, 1989; or
(B) which has members who have been laid off but not
retired;
(7) provide that participants shall be placed and to the
extent feasible kept on community and preventive patrol;
(8) ensure that participants will receive effective
training and leadership;
(9) provide that the State may decline to offer a
participant an appointment following completion of Federal
training, or may remove a participant from the State Police
Corps program at any time, only for good cause (including
failure to make satisfactory progress in a course of
educational study) and after following reasonable review
procedures stated in the plan; and
(10) provide that a participant shall, while serving as a
member of a police force, be compensated at the same rate of
pay and benefits and enjoy the same rights under applicable
agreements with labor organizations and under State and local
law as other police officers of the same rank and tenure in
the police force of which the participant is a member.
SEC. ____. ASSISTANCE TO STATES AND LOCALITIES EMPLOYING
POLICE CORPS OFFICERS.
Each jurisdiction directly employing State Police Corps
participants during the 4-year term of service prescribed by
section ____ shall receive $10,000 on account of each such
participant at the completion of each such year of service,
but--
(1) no such payment shall be made on account of service in
any State or local police force--
(A) whose average size, in the year for which payment is to
be made, not counting State Police Corps participants
assigned under section ____, has declined more than 2 percent
since January 1, 1993; or
(B) which has members who have been laid off but not
retired; and
(2) no such payment shall be made on account of any State
Police Corps participant for years of service after the
completion of the term of service prescribed in section ____.
SEC. ____. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subtitle--
(1) $100,000,000 for fiscal year 1995 and $250,000,000 for
fiscal year 1996; and
(2) such sums as are necessary for each of the fiscal years
1997, 1998, and 1999.
SEC. ____. REPORTS TO CONGRESS.
(a) In General.--Not later than April 1 of each year, the
Director shall submit a report to the Attorney General, the
President, the Speaker of the House of Representatives, and
the President of the Senate.
(b) Contents.--A report under subsection (a) shall--
(1) state the number of current and past participants in
the State Police Corps program, broken down according to the
levels of educational study in which they are engaged and
years of service they have served on police forces (including
service following completion of the 4-year service
obligation);
(2) describe the geographic, racial, and gender dispersion
of participants in the State Police Corps program; and
(3) describe the progress of the State Police Corps program
and make recommendations for changes in the program.
Subtitle B--Law Enforcement Scholarship Program
SEC. ____. ALLOTMENT.
From amounts appropriated under section ____, the Director
shall allot--
(1) 80 percent of such amounts to States on the basis of
the number of law enforcement officers in each State compared
to the number of law enforcement officers in all States; and
(2) 20 percent of such amounts to States on the basis of
the shortage of law enforcement personnel and the need for
assistance under this subtitle in the State compared to the
shortage of law enforcement personnel and the need for
assistance under this subtitle in all States.
SEC. 202. ESTABLISHMENT OF PROGRAM.
(a) Use of Allotment.--
(1) In general.--A State that receives an allotment
pursuant to section ____ shall use the allotment to pay the
Federal share of the costs of--
(A) awarding scholarships to in-service law enforcement
personnel to enable such personnel to seek further education;
and
(B) providing--
(i) full-time employment in summer; or
[[Page 695]]
(ii) part-time (not to exceed 20 hours per week) employment
for a period not to exceed 1 year.
(2) Employment.--The employment described in paragraph
(1)(B)--
(A) shall be provided by State and local law enforcement
agencies for students who are juniors or seniors in high
school or are enrolled in an institution of higher education
and who demonstrate an interest in undertaking a career in
law enforcement;
(B) shall not be in a law enforcement position; and
(C) shall consist of performing meaningful tasks that
inform students of the nature of the tasks performed by law
enforcement agencies.
(b) Payments; Federal Share; Non-Federal Share.--
(1) Payments.--The Secretary shall pay to each State that
receives an allotment under section ____ the Federal share of
the cost of the activities described in the application
submitted pursuant to section ____.
(2) Federal share.--The Federal share shall not exceed 60
percent.
(3) Non-federal share.--The non-Federal share of the cost
of scholarships and student employment provided under this
subtitle shall be supplied from sources other than the
Federal Government.
(c) Responsibilities of Director.--The Director shall be
responsible for the administration of the programs conducted
pursuant to this subtitle and shall, in consultation with the
Assistant Secretary for Postsecondary Education, issue rules
to implement this subtitle.
(d) Administrative Expenses.--A State that receives an
allotment under section ____ may reserve not more than 8
percent of the allotment for administrative expenses.
(e) Special Rule.--A State that receives an allotment under
section ____ shall ensure that each scholarship recipient
under this subtitle be compensated at the same rate of pay
and benefits and enjoy the same rights under applicable
agreements with labor organizations and under State and local
law as other law enforcement personnel of the same rank and
tenure in the office of which the scholarship recipient is a
member.
(f) Supplementation of Funding.--Funds received under this
subtitle shall only be used to supplement, and not to
supplant, Federal, State, or local efforts for recruitment
and education of law enforcement personnel.
SEC. ____. SCHOLARSHIPS.
(a) Period of Award.--Scholarships awarded under this
subtitle shall be for a period of 1 academic year.
(b) Use of Scholarships.--Each individual awarded a
scholarship under this subtitle may use the scholarship for
educational expenses at an institution of higher education.
SEC. ____. ELIGIBILITY.
(a) Scholarships.--A person shall be eligible to receive a
scholarship under this subtitle if the person has been
employed in law enforcement for the 2-year period immediately
preceding the date on which assistance is sought.
(b) Ineligibility for Student Employment.--A person who has
been employed as a law enforcement officer is ineligible to
participate in a student employment program carried out under
this subtitle.
SEC. ____. STATE APPLICATION.
(a) In General.--Each State desiring an allotment under
section ____ shall submit an application to the Director at
such time, in such manner, and accompanied by such
information as the Director may reasonably require.
(b) Contents.--An application under subsection (a) shall--
(1) describe the scholarship program and the student
employment program for which assistance under this subtitle
is sought;
(2) contain assurances that the lead agency will work in
cooperation with the local law enforcement liaisons,
representatives of police labor organizations and police
management organizations, and other appropriate State and
local agencies to develop and implement interagency
agreements designed to carry out this subtitle;
(3) contain assurances that the State will advertise the
scholarship assistance and student employment it will provide
under this subtitle and that the State will use such programs
to enhance recruitment efforts;
(4) contain assurances that the State will screen and
select law enforcement personnel for participation in the
scholarship program under this subtitle;
(5) contain assurances that under such student employment
program the State will screen and select, for participation
in such program, students who have an interest in undertaking
a career in law enforcement;
(6) contain assurances that under such scholarship program
the State will make scholarship payments to institutions of
higher education on behalf of persons who receive
scholarships under this subtitle;
(7) with respect to such student employment program,
identify--
(A) the employment tasks that students will be assigned to
perform;
(B) the compensation that students will be paid to perform
such tasks; and
(C) the training that students will receive as part of
their participation in the program;
(8) identify model curriculum and existing programs
designed to meet the educational and professional needs of
law enforcement personnel; and
(9) contain assurances that the State will promote
cooperative agreements with educational and law enforcement
agencies to enhance law enforcement personnel recruitment
efforts in institutions of higher education.
SEC. ____. LOCAL APPLICATION.
(a) In General.--A person who desires a scholarship or
employment under this subtitle shall submit an application to
the State at such time, in such manner, and accompanied by
such information as the State may reasonably require.
(b) Contents.--An application under subsection (a) shall
describe--
(1) the academic courses for which a scholarship is sought;
or
(2) the location and duration of employment that is sought.
(c) Priority.--In awarding scholarships and providing
student employment under this subtitle, each State shall give
priority to applications from persons who are--
(1) members of racial, ethnic, or gender groups whose
representation in the law enforcement agencies within the
State is substantially less than in the population eligible
for employment in law enforcement in the State;
(2) pursuing an undergraduate degree; and
(3) not receiving financial assistance under the Higher
Education Act of 1965.
SEC. ____. SCHOLARSHIP AGREEMENT.
(a) In General.--A person who receives a scholarship under
this subtitle shall enter into an agreement with the
Director.
(b) Contents.--An agreement described in subsection (a)
shall--
(1) provide assurances that the scholarship recipient will
work in a law enforcement position in the State that awarded
the scholarship in accordance with the service obligation
described in subsection (c) after completion of the
scholarship recipient's academic courses leading to an
associate, bachelor, or graduate degree;
(2) provide assurances that the scholarship recipient will
repay the entire scholarship in accordance with such terms
and conditions as the Director shall prescribe if the
requirements of the agreement are not complied with, unless
the scholarship recipient--
(A) dies;
(B) becomes physically or emotionally disabled, as
established by the sworn affidavit of a qualified physician;
or
(C) has been discharged in bankruptcy; and
(3) set forth the terms and conditions under which the
scholarship recipient may seek employment in the field of law
enforcement in a State other than the State that awarded the
scholarship.
(c) Service Obligation.--
(1) In general.--Except as provided in paragraph (2), a
person who receives a scholarship under this subtitle shall
work in a law enforcement position in the State that awarded
the scholarship for a period of 1 month for each credit hour
for which funds are received under the scholarship.
(2) Special rule.--For purposes of satisfying the
requirement of paragraph (1), a scholarship recipient shall
work in a law enforcement position in the State that awarded
the scholarship for not less than 6 months but shall not be
required to work in such a position for more than 2 years.
SEC. ____. DEFINITIONS.
For purposes of this subtitle--
(1) the term ``Director'' means the Director of the Bureau
of Justice Assistance;
(2) the term ``educational expenses'' means expenses that
are directly attributable to--
(A) a course of education leading to the award of an
associate degree;
(B) a course of education leading to the award of a
baccalaureate degree; or
(C) a course of graduate study following award of a
baccalaureate degree,
including the cost of tuition, fees, books, supplies, and
related expenses;
(3) the term ``institution of higher education'' has the
meaning stated in the first sentence of section 1201(a) of
the Higher Education Act of 1965 (20 U.S.C. 1141(a));
(4) the term ``law enforcement position'' means employment
as an officer in a State or local police force, or
correctional institution; and
(5) the term ``State'' means a State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands of the United States, American Samoa,
Guam, and the Commonwealth of the Northern Mariana Islands.
SEC. ____. AUTHORIZATION OF APPROPRIATIONS.
(a) General Authorization of Appropriations.--There are
authorized to be appropriated to carry out this subtitle
$30,000,000 for each of fiscal years 1995, 1996, 1997, 1998,
and 1999.
(b) Uses of Funds.--Of the funds appropriated under
subsection (a) for a fiscal year--
(1) 80 percent shall be available to provide scholarships
described in section ____(a)(1)(A); and
(2) 20 percent shall be available to provide employment
described in sections ____(a)(1)(B) and ____(a)(2).
At the end, add the following:
TITLE .--COCAINE PENALTY STUDY
SEC. . COCAINE PENALTY STUDY.
Not later than December 31, 1994, the United States
Sentencing Commission shall submit a report to the Congress
on issues relating to sentences applicable to offenses
involving the possession or distribution of all forms of
cocaine. The report shall address the different penalty
levels which apply to different forms of cocaine, and include
any recommendations the Commission may have for retention or
modification of these differences in penalties.
[[Page 696]]
Add at the end the following new title:
TITLE --INMATE REHABILITATION
SEC. . EDUCATION REQUIREMENT FOR EARLY RELEASE.
Section 3624(b) of title 18, United States Code, is
amended--
(1) by inserting ``(1)' after ``behavior.--'';
(2) by striking ``Such credit toward service of sentence
vests at the time that it is received. Credit that has vested
may not later be withdrawn, and credit that has not been
earned may not later be granted,'' and inserting ``Credit
that has not been earned may not later be granted,''; and
(3) by adding at the end the following:
``(2) Credit toward a prisoner's service of sentence shall
not be vested unless the prisoner has earned a high school
diploma or an equivalent degree.
(3) The Attorney General shall ensure that the Bureau of
Prisons has in effect an optional General Educational
Development program for inmates who have not earned a high
school diploma or its equivalent.''.
``(4) Exemptions to the General Educational Development
requirement may be made as deemed necessary by the Director
of the Federal Bureau of Prisons.''.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
Mr. McCOLLUM moved to recommit the bill to the Committee on the
Judiciary with instructions to report the bill back to the House
forthwith with the following amendment:
Strike title IX and insert the following:
TITLE IX--EQUAL JUSTICE ACT
SEC. 901. SHORT TITLE.
This Act may be cited as the ``Equal Justice Act''.
SEC. 902. PROHIBITION OF RACIALLY DISCRIMINATORY POLICIES
CONCERNING CAPITAL PUNISHMENT OR OTHER
PENALTIES.
(a) General Rules.--The penalty of death and all other
penalties shall be administered by the United States and by
every State without regard to the race or color of the
defendant or victim. Neither the United States nor any State
shall prescribe any racial quota or statistical test for the
imposition or execution of the death penalty or any other
penalty.
(b) Definitions.--For purposes of this Act--
(1) the action of the United States or of a State includes
the action of any legislative, judicial, executive,
administrative, or other agency or instrumentality of the
United States or a State, or of any political subdivision of
the United States or a State;
(2) the term ``State'' has the meaning given in section 541
of title 18, United States Code; and
(3) the term ``racial quota or statistical test'' includes
any law, rule, presumption, goal, standard for establishing a
prima facie case, or mandatory or permissive inference that--
(A) requires or authorizes the imposition or execution of
the death penalty or another penalty so as to achieve a
specified racial proportion relating to offenders, convicts,
defendants, arrestees, or victims; or
(B) requires or authorizes the invalidation of, or bars the
execution of, sentences of death or other penalties based on
the failure of a jurisdiction to achieve a specified racial
proportion relating to offenders, convicts, defendants,
arrestees, or victims in the imposition or execution of such
sentences or penalties.
SEC. 903. GENERAL SAFEGUARDS AGAINST RACIAL PREJUDICE OR BIAS
IN THE TRIBUNAL.
In a criminal trial in a court of the United States, or of
any State--
(1) on motion of the defense attorney or prosecutor, the
risk of racial prejudice or bias shall be examined on voir
dire if there is a substantial likelihood in the
circumstances of the case that such prejudice or bias will
affect the jury either against or in favor of the defendant;
(2) on motion of the defense attorney or prosecutor, a
change of venue shall be granted if an impartial jury cannot
be obtained in the original venue because of racial prejudice
or bias; and
(3) neither the prosecutor nor the defense attorney shall
make any appeal to racial prejudice or bias in statements
before the jury.
SEC. 904. FEDERAL CAPITAL CASES.
(a) Jury Instructions and Certification.--In a prosecution
for an offense against the United States in which a sentence
of death is sought, and in which the capital sentencing
determination is to be made by a jury, the judge shall
instruct the jury that it is not to be influenced by
prejudice or bias relating to the race or color of the
defendant or victim in considering whether a sentence of
death is justified, and that the jury is not to recommend the
imposition of a sentence of death unless it has concluded
that it would recommend the same sentence for such a crime
regardless of the race or color of the defendant or victim.
Upon the return of a recommendation of a sentence of death,
the jury shall also return a certificate, signed by each
juror, that the juror's individual decision was not affected
by prejudice or bias relating to the race or color of the
defendant or victim, and that the individual juror would have
made the same recommendation regardless of the race or color
of the defendant or victim.
(b) Racially Motivated Killings.--In a prosecution for an
offense against the United States for which a sentence of
death is authorized, the fact that the killing of the victim
was motivated by racial prejudice or bias shall be deemed an
aggravating factor whose existence permits consideration of
the death penalty, in addition to any other aggravating
factors that may be specified by law as permitting
consideration of the death penalty.
(c) Killings in Violation of Civil Rights Statutes.--
Sections 241, 242, and 245(b) of title 18, United States
Code, are each amended by striking ``shall be subject to
imprisonment for any term of years or for life'' and
inserting ``shall be punished by death or imprisonment for
any term of years or for life''.
SEC. 905. EXTENSION OF PROTECTION OF CIVIL RIGHTS STATUTES.
(a) Section 241 Amendment.--Section 241 of title 18, United
States Code, is amended by striking ``inhabitant of'' and
inserting ``person in''.
(b) Section 242 Amendment.--Section 242 of title 18, United
States Code, is amended by striking ``inhabitant of'' and
inserting in lieu thereof ``person in'', and by striking
``such inhabitant'' and inserting ``such person''.
After debate,
By unanimous consent, the previous question was ordered on the motion
to recommit with instructions.
The question being put, viva voce,
Will the House recommit said bill with instructions?
The SPEAKER pro tempore, Mrs. KENNELLY, announced that the nays had
it.
Mr. McCOLLUM demanded a recorded vote on agreeing to said motion,
which demand was supported by one-fifth of a quorum, so a recorded vote
was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
192
<3-line {>
negative
Nays
235
Para. 37.11 [Roll No. 143]
AYES--192
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehner
Bonilla
Browder
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Condit
Cox
Crane
Crapo
Cunningham
Darden
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Holden
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
Kyl
Lancaster
Lazio
Leach
Lehman
Levy
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Machtley
Manzullo
Margolies-Mezvinsky
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Myers
Nussle
Orton
Oxley
Packard
Paxon
Petri
Pickett
Pombo
Porter
Portman
Pryce (OH)
Quillen
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shuster
Sisisky
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--235
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bishop
Blackwell
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
de la Garza
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
[[Page 697]]
Frost
Furse
Gejdenson
Gephardt
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Kopetski
Kreidler
LaFalce
Lambert
Lantos
LaRocco
Laughlin
Levin
Lewis (GA)
Long
Lowey
Maloney
Mann
Manton
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickle
Pomeroy
Poshard
Price (NC)
Quinn
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Walsh
Washington
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--5
Andrews (NJ)
Fish
Gallo
Grandy
Lewis (CA)
So the motion to recommit with instructions was not agreed to.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mrs. KENNELLY, announced that the yeas had
it.
Mr. McCOLLUM demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
285
<3-line {>
affirmative
Nays
141
Para. 37.12 [Roll No. 144]
AYES--285
Abercrombie
Ackerman
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bentley
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Blute
Boehlert
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Buyer
Byrne
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Chapman
Clayton
Clement
Clyburn
Coleman
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Cunningham
Danner
Darden
de la Garza
DeFazio
DeLauro
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Ewing
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Foley
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Gallegly
Gejdenson
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Glickman
Gordon
Green
Greenwood
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastert
Hayes
Hefner
Hinchey
Hoagland
Hobson
Hochbrueckner
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutto
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Klug
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lipinski
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCurdy
McDade
McDermott
McHale
McHugh
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Miller (CA)
Mineta
Minge
Mink
Moakley
Molinari
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Obey
Olver
Ortiz
Orton
Pallone
Parker
Pastor
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roemer
Rogers
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Sanders
Sangmeister
Santorum
Sawyer
Schenk
Schroeder
Schumer
Sharp
Shaw
Shays
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spence
Spratt
Stark
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Vento
Visclosky
Volkmer
Walsh
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Young (FL)
NOES--141
Allard
Andrews (ME)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bereuter
Bliley
Boehner
Bunning
Burton
Callahan
Castle
Clay
Clinger
Coble
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Cox
Crane
Crapo
Deal
DeLay
Dellums
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Fawell
Fields (TX)
Ford (MI)
Gekas
Geren
Gingrich
Gonzalez
Goodlatte
Goodling
Goss
Grams
Gunderson
Hall (TX)
Hancock
Hansen
Hastings
Hefley
Herger
Hilliard
Hoekstra
Hoke
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kim
King
Kingston
Knollenberg
Kolbe
Kopetski
Kyl
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Livingston
Manzullo
McCollum
McCrery
McInnis
McKeon
McMillan
Michel
Miller (FL)
Mollohan
Moorhead
Myers
Nussle
Oberstar
Owens
Oxley
Packard
Paxon
Payne (NJ)
Penny
Petri
Pombo
Porter
Portman
Rangel
Roberts
Rohrabacher
Rush
Sabo
Sarpalius
Saxton
Schaefer
Schiff
Scott
Sensenbrenner
Serrano
Shuster
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Solomon
Stearns
Stenholm
Stokes
Stump
Tauzin
Taylor (NC)
Thomas (CA)
Thomas (WY)
Velazquez
Vucanovich
Walker
Washington
Waters
Watt
Waxman
Wolf
Yates
Young (AK)
Zeliff
Zimmer
NOT VOTING--7
Andrews (NJ)
Fish
Furse
Gallo
Grandy
Lewis (CA)
Slattery
So the bill was passed.
On motion of Mr. BROOKS, pursuant to House Resolution 401, the bill
(H.R. 3355) to amend the Omnibus Crime Control and Safe Streets Act of
1968 to allow grants to increase police presence, to expand and improve
cooperative efforts between law enforcement agencies and members of the
community to address crime and disorder problems, and otherwise to
enhance public safety; together with the amendment of the Senate
thereto, was taken from the Speaker's table.
On motion of Mr. BROOKS, pursuant to House Resolution 401, said Senate
amendment was agreed to with an amendment inserting the text of H.R.
4092 as passed by the House in lieu of the matter proposed to be
inserted by the Senate.
On motion of Mr. BROOKS, by unanimous consent, the title of H.R. 3355
was amended so as to read: ``The Violent Crime Control and Law
Enforcement Act of 1994.''.
A motion to reconsider the votes whereby said Senate amendment to H.R.
3355 was agreed to with amendments of the House and the amendment to the
title of the bill were agreed to was, by unanimous consent, laid on the
table.
On motion of Mr. BROOKS, pursuant to House Resolution 401, it was,
Resolved, That the House insist upon its amendments to the amendment
of the Senate to H.R. 3355 and request a conference with the Senate on
the disagreeing votes of the two Houses thereon.
Ordered, That the Clerk notify the Senate thereof.
Para. 37.13 motion to instruct conferees--h.r. 3355
Mr. McCOLLUM moved that the managers on the part of the House at the
conference on the disagreeing votes of the two Houses on House
amendments to the Senate amendment to the bill H.R. 3355, be instructed
to insist on
[[Page 698]]
the provision of the House amendment that authorizes $10.5 billion for
grants for state prison construction and operation and agree to the
provisions of the Senate that requires states to change their laws to
require that defendants serve at least 85 per cent of the sentence
ordered.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mrs. KENNELLY announced that the nays had it.
Mr. McCOLLUM demanded a recorded vote on agreeing to the motion to
instruct, which demand was supported by one-fifth of a quorum, so a
recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
191
<3-line {>
negative
Nays
222
Para. 37.14 [Roll No. 145]
AYES--191
Allard
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barrett (NE)
Bartlett
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Brewster
Bunning
Burton
Buyer
Byrne
Callahan
Camp
Canady
Castle
Clement
Clinger
Coble
Combest
Condit
Cooper
Cox
Crane
Crapo
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (FL)
Lightfoot
Linder
Livingston
Machtley
Manzullo
Margolies-Mezvinsky
McCandless
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Orton
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Richardson
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Santorum
Saxton
Schaefer
Schenk
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Sisisky
Skeen
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Stupak
Sundquist
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (WY)
Torkildsen
Torricelli
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--222
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Baesler
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clyburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
DeFazio
DeLauro
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Inglis
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McKinney
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Spratt
Stark
Stokes
Strickland
Studds
Swett
Swift
Synar
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--19
Andrews (NJ)
Applegate
Barton
Calvert
Dellums
Fish
Ford (MI)
Gallo
Grandy
Houghton
LaFalce
Lehman
Lewis (CA)
McNulty
Murphy
Ridge
Talent
Thomas (CA)
Washington
So the motion to instruct the managers on the part of the House was
not agreed to.
A motion to reconsider the vote whereby said motion was not agreed to
was, by unanimous consent, laid on the table.
Para. 37.15 appointment of conferees--h.r. 3355
Thereupon, the SPEAKER announced the appointment of Messrs. Brooks,
Edwards of California, Hughes, Schumer, Conyers, Synar, Moorhead, Hyde,
Sensenbrenner, and McCollum, as managers on the part of the House at
said conference.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 37.16 clerk to correct engrossment
On motion of Mr. BROOKS, by unanimous consent,
Ordered, That in the engrossment of the House amendments to the Senate
amendment to H.R. 3355, the Clerk be authorized to correct section
numbers, punctuation, cross references, and to make such stylistic,
clerical, technical, conforming, and other changes as may be necessary
to reflect the actions of the House with regard to the bill.
Para. 37.17 adjournment over
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 12
o'clock noon on Monday, April 25, 1994.
Para. 37.18 calendar wednesday business dispensed with
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, April
27, 1994, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
Para. 37.19 joint referral--executive communication 1195
On motion of Mr. GONZALEZ, by unanimous consent, the Executive
Communication 1195, a draft of proposed legislation to amend the Bretton
Woods Agreements Act to authorize, consent to and authorize
appropriations for the United States contribution to the Global
Environment Facility, and for other purposes; which had been referred to
the Committee on Foreign Affairs, be re-referred to the Committee on
Banking, Finance and Urban Affairs.
Para. 37.20 community development banking and financial institutions
On motion of Mr. GONZALEZ, by unanimous consent, the bill (H.R. 3474)
to reduce administrative requirements for insured depository
institutions to the extent consistent with safe and sound banking
practices, to facilitate the establishment of the community development
financial institutions, and for other purposes; together with the
amendment of the Senate thereto, was taken from the Speaker's table.
When on motion of Mr. GONZALEZ, it was,
Resolved, That the House disagree to the amendment of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
[[Page 699]]
Thereupon, the SPEAKER pro tempore, Mrs. UNSOELD, by unanimous
consent, announced the appointment of the following Members as managers
on the part of the House at said conference:
From the Committee on Banking, Finance and Urban Affairs,
consideration of the House bill, and the Senate amendment (except titles
II and V), and modifications committed to conference:
Messrs. Gonzalez, Neal of North Carolina, LaFalce, Vento, Schumer,
Frank of Massachusetts, Kanjorski, Kennedy, Flake, and Mfume, Ms.
Waters, Messrs. LaRocco, Orton, Bacchus of Florida, Leach and McCollum,
Mrs. Roukema, and Messrs. Bereuter, Ridge, Roth, McCandless, Baker of
Louisiana, and Nussle.
Provided, that for consideration of section 348(b) of the Senate
amendment, Mr. Klein is appointed in lieu of Mr. LaFalce.
From the Committee on Banking, Finance and Urban Affairs, for
consideration of title II of the Senate amendment, and modifications
committed to conference:
Messrs. Gonzalez, Neal of North Carolina, LaFalce, Vento, Schumer,
Frank of Massachusetts, Kanjorski, Kennedy, Flake, and Mfume, Ms.
Waters, Mr. Orton, Mr. Klein, Ms. Velazquez, Mr. Leach, Mr. McCollum,
Mrs. Roukema, and Messrs. Bereuter, Ridge, Roth, McCandless, Baker of
Louisiana, and Nussle.
From the Committee on Banking, Finance and Urban Affairs, for
consideration of title V of the Senate amendment, and modifications
committed to conference:
Messrs. Gonzalez, Neal of North Carolina, LaFalce, Schumer, Frank of
Massachusetts, Leach, Bereuter, and McCollum.
As additional conferees from the Committee on Education and Labor, for
consideration of section 209 of the Senate amendment, and modifications
committed to conference:
Messrs. Ford of Michigan, Williams, Clay, Kildee, Miller of
California, Goodling, Mrs. Roukema, and Mr. Fawell.
As additional conferees from the Committee on Energy and Commerce, for
consideration of sections 201-05, 207, 320 and 347 of the Senate
amendment, and modifications committed to conference:
Messrs. Dingell, Markey, Sharp, and Swift, Mrs. Collins of Illinois,
Messrs. Boucher, Manton, and Lehman, Ms. Schenk, Ms. Margolies-
Mezvinsky, and Messrs. Synar, Wyden, Richardson, Bryant, Moorhead,
Fields of Texas, Bliley, Oxley, Schaefer, Barton of Texas, McMillan,
Hastert, and Gillmor.
As additional conferees from the Committee on Energy and Commerce, for
consideration of sections 503-05, 507 and 706 of the Senate amendment,
and modifications committed to conference:
Mr. Dingell, Mr. Markey, Mrs. Collins of Illinois, and Messrs. Towns,
Lehman, Moorhead, Stearns, and McMillan.
As additional conferees from the Committee on Foreign Affairs, for
consideration of section 703 of the Senate amendment, and modifications
committed to conference:
Messrs. Hamilton, Gejdenson, and Gilman.
As additional conferees from the Committee on the Judiciary, for
consideration of section 139 of the House bill, and sections 325, 408
and 409 of the Senate amendment, and modifications committed to
conference:
Messrs. Brooks, Schumer, Edwards of California, Conyers, Hughes,
Sensenbrenner, Smith of Texas, and Schiff.
As additional conferees from the Committee on Small Business, for
consideration of section 348(b) of the Senate amendment, and
modifications committed to conference:
Mr. LaFalce, Mr. Smith of Iowa, and Mrs. Meyers of Kansas.
As additional conferees from the Committee on Ways and Means, for
consideration of sections 210 and 502-04 of the Senate amendment, and
modifications committed to conference:
Messrs. Rostenkowski, Gibbons, Pickle, Rangel, Stark, Archer, Crane,
and Thomas of California.
Ordered, That the Clerk notify the Senate thereof.
Para. 37.21 permission to file conference report
On motion of Mr. BERMAN, by unanimous consent, the managers on the
part of the House were granted permission until midnight Monday, April
25, 1994, to file a conference report on the bill (H.R. 2333) to
authorize appropriations for the Department of State, the United States
Information Agency, and related agencies, to authorize appropriations
for foreign assistance programs, and for other purposes; together with a
statement thereon, for printing in the Record under the rule.
Para. 37.22 providing for the consideration of h.r. 3221
Mr. WHEAT, by direction of the Committee on Rules, reported (Rept. No.
103-481) the resolution (H. Res. 410) providing for consideration of the
bill (H.R. 3221) to provide for the adjudication of certain claims
against the Government of Iraq.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 37.23 consolidated farm and rural development
On motion of Mr. de la GARZA, by unanimous consent, the Committee on
Agriculture was discharged from further consideration of the bill of the
Senate (S. 1930) to amend the Consolidate Farm and Rural Development Act
to improve the administration of claims and obligations of the Farmers
Home Administration, and for other purposes.
When said bill was considered, read twice, ordered to be read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 37.24 technical corrections
On motion of Mr. de la GARZA, by unanimous consent, the Committee on
Agriculture was discharged from further consideration of the bill of the
Senate (S. 2005) to make certain technical corrections, and for other
purposes.
When said bill was considered, read twice, ordered to be read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 37.25 public service recognition week
On motion of Ms. BYRNE, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the joint resolution of the Senate (S.J. Res. 150) to designate the week
of May 2 through May 8, 1994, as ``Public Service Recognition Week''.
When said joint resolution was considered, read twice, ordered to be
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 37.26 message from the president--south africa
The SPEAKER pro tempore, Mrs. UNSOELD, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
I am writing to inform you of my intent to add South Africa to the
list of beneficiary developing countries under the Generalized System of
Preferences (GSP). The GSP program offers duty-free access to the U.S.
market and is authorized by the Trade Act of 1974.
I have carefully considered the criteria identified in sections 501
and 502 of the Trade Act of 1974. In light of these criteria, I have
determined that it is appropriate to extend GSP benefits to South
Africa.
This notice is submitted in accordance with section 502(a)(1) of the
Trade Act of 1974.
William J. Clinton.
The White House, April 21, 1994.
By unanimous consent, the message together with the accompanying
papers was referred to the Committee on Ways and Means and ordered to be
printed (H. Doc. 103-243).
[[Page 700]]
Para. 37.27 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. McCathran, one of his secretaries.
Para. 37.28 message from the president--honey imports from china
The SPEAKER pro tempore, Mrs. UNSOELD, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
Pursuant to section 406 of the Trade Act of 1974 (19 U.S.C. 2436) and
sections 202 and 203 of the Trade Act of 1974 (as those sections were in
effect on the day before the date of the enactment of the Omnibus Trade
and Competitiveness Act of 1988), I have determined the action I will
take with respect to the affirmative determination of the United States
International Trade Commission (USITC), on the basis of its
investigation (No. TA-406-13), that market disruption exists with
respect to imports from China of honey provided for in heading 0409 and
subheadings 1702.90 and 2106.90 of the Harmonized Tariff Schedule of the
United States.
After considering all relevant aspects of the investigation, including
those set forth in section 202(c) of the Trade Act of 1974, I have
determined that import relief for honey is not in the national economic
interest of the United States. However, I am directing the United States
Trade Representative (USTR), in consultation with the appropriate
agencies to develop a plan to monitor imports of honey from China. The
monitoring program is to be developed within thirty days of this
determination.
Since I have determined that the provision of import relief is not in
the national economic interest of the United States, I am required by
that section 203(b) of the Trade Act of 1974 to report to Congress on
the reasons underlying this determination.
In determining not to provide import relief, I considered its overall
costs to the U.S. economy. The USITC majority recommendation for a
quarterly tariff rate quota (a 25 percent ad valorem charge on the first
12.5 million pounds each quarter, increasing to 50 percent on amounts
above that level), to be applied for three years, would cost consumers
about $7 million while increasing producers' income by just $1.9
million. The other forms of relief recommended by other Commissioners
would also result in substantial costs to consumers while offering
little benefit to producers.
In addition, the gap between production and consumption in the United
States is approximately 100 million pounds, with imports of honey from
China helping to fill that gap at the low end for industrial use. Any
restrictions on imports of honey from China would likely lead to
increased imports from other countries rather than significantly
increased market share for U.S. producers.
Although rising somewhat since 1991, U.S. honey inventories are not
large by historical experience, either in absolute amounts or relative
to consumption. Honey stocks reported by the U.S. Department of
Agriculture were much higher in the mid-1980's (about 75 percent of
consumption in 1985 and 1986), before falling to their lowest level in
a decade in 1991 (26.6 percent of consumption). The 1993 stocks were
37.8 percent of consumption, well below the 1980-1993 average level of
46.4 percent.
The U.S. government has supported honey producers since 1950, in
part, to ensure enough honeybees would be available for crop
pollination. This is an important national interest. I believe that
current trends in the provision of pollination and honey production
will not be significantly affected by not providing relief. Crop
producers indicate that they believe pollination will still be cost
effective even if service prices rise.
I have also concluded that, in this case, imposing trade restrictions
on imports of honey would run counter to our policy of promoting an
open and fair international trading system.
William J. Clinton.
The White House, April 21, 1994.
By unanimous consent, the message was referred to the Committee on
Ways and Means and ordered to be printed (H. Doc. 103-242).
Para. 37.29 senate joint resolutions signed
Joint resolutions of the Senate of the following titles were taken
from the Speaker's table and, under the rule, referred as follows:
S.J. Res. 161. Joint resolution to designate April 1994, as
``Civil War History Month''; to the Committee on Post Office
and Civil Service.
S.J. Res. 174. Joint resolution to designate the week
beginning April 24, 1994, as ``National Crime Victims' Rights
Week''; to the Committee on Post Office and Civil Service.
Para. 37.30 enrolled bills signed
Mr. ROSE, from the Committee on House Administration, reported that
that committee had examined and found truly enrolled bills of the House
of the following titles, which were thereupon signed by the Speaker:
H.R. 821. An Act to amend title 38, United States Code, to
extend eligibility for burial in national cemeteries to
persons who have 20 years of service creditable for retired
pay as members of a reserve component of the Armed Forces and
to their dependents.
H.R. 3693. An Act to designate the United States courthouse
under construction in Denver, Colorado, as the ``Byron White
United States Courthouse.''
Para. 37.31 senate enrolled bills signed
The SPEAKER announced his signature to enrolled bills of the Senate of
the following titles:
S. 375. An Act to amend the Wild and Scenic Rivers Act by
designating a segment of the Rio Grande in New Mexico as a
component of the National Wild and Scenic Rivers System, and
for other purposes.
S. 1574. An Act to authorize appropriations for the Coastal
Heritage Trail Route in the State of New Jersey, and for
other purposes.
Para. 37.32 leave of absence
By unanimous consent, leave of absence was granted to Mr. ANDREWS of
New Jersey, for today.
And then,
Para. 37.33 adjournment
On motion of Mr. HOYER, pursuant to the special order heretofore
agreed to, at 6 o'clock and 35 minutes p.m., the House adjourned until
12 o'clock noon on Monday, April 25, 1994.
Para. 37.34 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. BONIOR: Committee on Rules. House Resolution 410.
Resolution providing for the consideration of the bill (H.R.
3221) to provide for the adjudication of certain claims
against the Government of Iraq (Rept. No. 103-481). Referred
to the House Calendar.
Para. 37.35 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. WYDEN (for himself and Mr. Klug):
H.R. 4274. A bill to modify certain provisions of the
Health Care Quality Improvement Act of 1986; to the Committee
on Energy and Commerce.
By Mr. PICKLE:
H.R. 4275. A bill to amend title II of the Social Security
Act to assure that the Social Security system remains viable
for the baby boom generation and that the level of Social
Security taxation remains affordable for their children; to
the Committee on Ways and Means.
By Ms. HARMAN (for herself and Mr. Berman):
H.R. 4276. A bill to amend the Arms Export Control Act and
the Export Administration Act of 1979 to provide that the
export of certain commercial communications satellites and
associated equipment be regulated solely under the Export
Administration Act of 1979; to the Committee on Foreign
Affairs.
By Mr. JACOBS (for himself and Mr. Ford of Tennessee):
H.R. 4277. A bill to establish the Social Security
Administration as an independent agency and to make other
improvements in the old-age, survivors, and disability
insurance program; to the Committee on Ways and Means.
By Mr. JACOBS (for himself, Mrs. Kennelly, Mr. Bunning,
Mr. Houghton, and Mrs. Meek of Florida):
H.R. 4278. A bill to make improvements in the old-age,
survivors, and disability insurance program under title II of
the Social Security Act; to the Committee on Ways and Means.
By Ms. ROYBAL-ALLARD (for herself, Mrs. Collins of
Illinois, Mrs. Unsoeld, Ms. Harman, Ms. Schenk, Ms.
Waters, Mr. Durbin, Mr. Foglietta, Ms. Furse, Mr.
Torres, Mr. Serrano, Mrs. Mink of Hawaii, Mr.
Underwood, Ms. Eshoo, Mr. Dellums, Mr. Romero-
Barcelo, Mr. Synar, and Ms. Shepherd):
H.R. 4279. A bill to require studies by the Federal Trade
Commission of whether tobacco advertisements target women and
minorities to promote smoking and for other purposes; to the
Committee on Energy and Commerce.
[[Page 701]]
By Mr. BEILENSON:
H.R. 4280. A bill to amend the Motor Vehicle Information
and Cost Savings Act to inquire that the motor vehicle bumper
standard established by the Secretary of Transportation shall
be restored to that in effect January 1, 1982; to the
Committee on Energy and Commerce.
By Mr. DICKEY:
H.R. 4281. A bill to eliminate fraud in the payment of
supplemental security income benefits to children by reason
of disability; to the Committee on Ways and Means.
By Ms. ENGLISH of Arizona:
H.R. 4282. A bill to amend the Public Health Service Act to
provide for the establishment of toll-free telephone
communications through which residents of rural areas can
obtain information on the availability in such areas of
health services; to the Committee on Energy and Commerce.
By Mrs. MALONEY:
H.R. 4283. A bill to terminate the Milstar II
Communications Satellite Program; to the Committee on Armed
Services.
By Mr. MARKEY (for himself, Mr. Bonior, Mr. Kennedy,
Mr. Parker, Mr. Richardson, Mrs. Lloyd, Mr. Frank of
Massachusetts, Mr. Moakley, Mr. Reynolds, Ms. Eddie
Bernice Johnson of Texas, Mr. Towns, Mr. McDermott,
Mr. Lehman, Mr. Kreidler, Mr. Slattery, Mr. Wyden,
Mrs. Unsoeld, Ms. Brown of Florida, Mr. King, Mr.
Gene Green of Texas, Mr. Wynn, Mr. Dellums, Ms.
Slaughter, Mr. Walsh, and Mr. Foglietta):
H.R. 4284. A bill to require the Secretary of Health and
Human Services to review the relationship between calcium
intake, bone mass, and osteoporosis, determine how many
Americans consume too little calcium, develop optimal calcium
intake levels, and amend, as appropriate and based on such
review, the standard of identity for enriched flour used in
the manufacture of bread, cereal, and other grain products
under the Federal Food, Drug, and Cosmetic Act to require the
addition of calcium; to the Committee on Energy and Commerce.
By Mr. MEEHAN:
H.R. 4285. A bill to prohibit States from discriminating in
the admission to the practice of law of graduates of
accredited and certified law schools; to the Committee on the
Judiciary.
By Mr. MONTGOMERY:
H.R. 4286. A bill to amend title 38, United States Code, to
require the Secretary of Veterans Affairs to provide a case
suitable for displaying the flag furnished with respect to
deceased veterans; to the Committee on Veterans' Affairs.
By Mr. SCHIFF (for himself and Mrs. Lloyd):
H.R. 4287. A bill to amend title 5, United States Code, to
provide for assignment of employees of federally funded
research and development centers and Federal employees
between Federal agencies and federally funded research and
development centers; to the Committee on Post Office and
Civil Service.
By Mr. TORRES (for himself, Mr. Becerra, Mr. Brown of
California, Mr. Dellums, Mr. Berman, Mr. Pastor, Ms.
Roybal-Allard, Mr. Stark, Mr. Farr, Ms. Eshoo, Mr.
Jacobs, Ms. Schenk, Mr. Traficant, and Mr.
Richardson):
H.R. 4288. A bill to provide for additional employees in
the Wage and Hour Division of the Department of Labor and to
provide for increased damages for recordkeeping violations
under the Fair Labor Standards Act of 1938; to the Committee
on Education and Labor.
By Ms. FURSE (for herself, Mr. Dellums, Mr. Evans, Mr.
Hochbrueckner, Mr. Richardson, Mr. Shays, Ms. Norton,
Ms. Woolsey, Mr. Miller of California, Ms. Eshoo, Mr.
DeFazio, Mr. McDermott, Mr. Wyden, Mr. Studds, Mr.
Hamburg, Mr. Barrett of Wisconsin, Mrs. Unsoeld, Ms.
McKinney, Mr. Sanders, Mr. Dicks, Mr. Rangel, and Ms.
Velazquez):
H.R. 4289. A bill to amend the Watershed Protection and
Flood Prevention Act to establish a Waterways Restoration
Program, and for other purposes; jointly, to the Committees
on Agriculture, Merchant Marine and Fisheries, and Public
Works and Transportation.
By Mr. GILMAN (for himself, Mr. Hyde, Mr. Dornan, and
Mr. Gingrich):
H.R. 4290. A bill providing for the self-defense of Bosnia
and Herzegovina; to the Committee on Foreign Affairs.
By Mr. KREIDLER:
H.R. 4291. A bill to direct the Secretary of Health and
Human Services to revise existing regulations concerning the
conditions of payment under part B of the Medicare Program
relating to anesthesia services furnished by certified
registered nurse anesthetists, and for other purposes;
jointly, to the Committees on Ways and Means and Energy and
Commerce.
By Mr. MARKEY:
H.R. 4292. A bill to require the Secretary of Energy to
report on certain radiation experiments, and for other
purposes; to the Committee on Energy and Commerce.
By Mr. MORAN:
H.R. 4293. A bill to require the transfer of the control of
the Lorton correctional complex to the Bureau of Prisons;
jointly, to the Committees on the Judiciary and the District
of Columbia.
By Mr. TOWNS:
H.R. 4294. A bill to improve health status in medically
disadvantaged communities through comprehensive community-
based managed care programs; to the Committee on Energy and
Commerce.
By Mr. VENTO (for himself, Mr. Solomon, Mr.
Abercrombie, Mr. Ackerman, Mr. Andrews of Texas, Mr.
Andrews of New Jersey, Mr. Andrews of Maine, Mr.
Bacchus of Florida, Mr. Ballenger, Mr. Barca of
Wisconsin, Mr. Barcia of Michigan, Mr. Barlow, Mr.
Barrett of Wisconsin, Mr. Becerra, Mr. Beilenson, Mr.
Berman, Mr. Bevill, Mr. Bilbray, Mr. Bishop, Mr.
Blackwell, Mr. Bonior, Mr. Borski, Mr. Boucher, Mr.
Brooks, Ms. Brown of Florida, Mr. Brown of
California, Mr. Brown of Ohio, Mrs. Byrne, Mr.
Callahan, Mr. Camp, Ms. Cantwell, Mr. Cardin, Mr.
Carr, Mr. Clay, Mrs. Clayton, Mr. Clinger, Mr. Coble,
Mr. Coleman, Ms. Collins of Michigan, Mr. Condit, Mr.
Conyers, Mr. Costello, Mr. Coyne, Mr. Cramer, Mr.
Darden, Mr. Deal, Mr. DeFazio, Mr. de la Garza, Ms.
DeLauro, Mr. Dellums, Mr. de Lugo, Mr. Deutsch, Mr.
Dickey, Mr. Dicks, Mr. Dixon, Mr. Dooley, Mr.
Doolittle, Mr. Duncan, Mr. Durbin, Mr. Edwards of
California, Mr. Emerson, Mr. Engel, Ms. English of
Arizona, Ms. Eshoo, Mr. Evans, Mr. Everett, Mr.
Faleomavaega, Mr. Farr, Mr. Fazio, Mr. Fields of
Louisiana, Mr. Flake, Mr. Foglietta, Mr. Ford of
Tennessee, Mr. Ford of Michigan, Mr. Frank of
Massachusetts, Mr. Frost, Ms. Furse, Mr. Gejdenson,
Mr. Gekas, Mr. Gilman, Mr. Glickman, Mr. Gonzalez,
Mr. Gordon, Mr. Gene Green of Texas, Mr. Greenwood,
Mr. Gunderson, Mr. Gutierrez, Mr. Hall of Texas, Mr.
Hamburg, Mr. Hamilton, Mr. Hansen, Mr. Hastings, Mr.
Hefner, Mr. Hilliard, Mr. Hinchey, Mr. Hoagland, Mr.
Hobson, Mr. Hochbrueckner, Mr. Holden, Mr. Hoyer, Mr.
Hughes, Mr. Hutto, Mr. Jacobs, Ms. Eddie Bernice
Johnson of Texas, Mrs. Johnson of Connecticut, Mr.
Johnson of South Dakota, Mr. Johnston of Florida, Mr.
Kanjorski, Ms. Kaptur, Mr. Kennedy, Mrs. Kennelly,
Mr. Kleczka, Mr. Klein, Mr. Klink, Mr. LaFalce, Mr.
Lantos, Mr. LaRocco, Mr. Lehman, Mr. Levin, Mr. Lewis
of Georgia, Mr. Lightfoot, Mr. Lipinski, Mr.
Livingston, Mrs. Lloyd, Ms. Lowey, Mr. McCloskey, Mr.
McCollum, Mr. McDermott, Ms. McKinney, Mr. McNulty,
Mr. Markey, Mr. Mazzoli, Mr. Meehan, Mrs. Meek of
Florida, Mr. Menendez, Mr. Mfume, Mr. Miller of
California, Mr. Mineta, Mr. Minge, Mr. Moakley, Mr.
Montgomery, Mr. Moorhead, Mr. Moran, Mr. Murphy, Mr.
Murtha, Mr. Myers of Indiana, Mr. Neal of
Massachusetts, Mr. Neal of North Carolina, Ms.
Norton, Mr. Oberstar, Mr. Obey, Mr. Olver, Mr. Owens,
Mr. Packard, Mr. Parker, Mr. Pastor, Ms. Pelosi, Mr.
Peterson of Florida, Mr. Petri, Mr. Pickett, Mr.
Porter, Mr. Price of North Carolina, Mr. Quillen, Mr.
Quinn, Mr. Rahall, Mr. Ramstad, Mr. Rangel, Mr.
Ravenel, Mr. Reed, Mr. Richardson, Mr. Rogers, Mr.
Romero-Barcelo, Mr. Rose, Ms. Roybal-Allard, Mr.
Rush, Mr. Sabo, Mr. Sangmeister, Mr. Sarpalius, Mr.
Sawyer, Mr. Schaefer, Ms. Schenk, Mr. Schumer, Mr.
Scott, Mr. Serrano, Mr. Sharp, Mr. Shays, Ms.
Shepherd, Mr. Shuster, Mr. Sisisky, Mr. Skeen, Mr.
Skelton, Ms. Slaughter, Mr. Smith of Texas, Mr.
Smith of Iowa, Mr. Smith of Oregon, Mr. Spence, Mr.
Spratt, Mr. Stark, Mr. Stokes, Mr. Stump, Mr.
Sundquist, Mr. Swett, Mr. Swift, Mr. Synar, Mr.
Tauzin, Mr. Taylor of North Carolina, Mr. Thomas of
Wyoming, Mrs. Thurman, Mr. Torres, Mr. Torricelli,
Mr. Towns, Mr. Traficant, Mr. Tucker, Mr. Underwood,
Mrs. Unsoeld, Mr. Valentine, Ms. Velazquez, Mr.
Visclosky, Mr. Volkmer, Mrs. Vucanovich, Mr.
Washington, Ms. Waters, Mr. Watt, Mr. Waxman, Mr.
Wheat, Mr. Wilson, Mr. Wise, Ms. Woolsey, Mr. Wyden,
Mr. Wynn, Mr. Yates, Mr. Young of Florida, Mr. Young
of Alaska, Mr. Zeliff, and Mr. Zimmer):
H.J. Res. 360. Joint resolution to designate the week of
April 25, 1994, to May 1, 1994, as ``Let's Stop Kids Killing
Kids Week''; to the Committee on Post Office and Civil
Service.
By Mr. KING (for himself, Mr. Levy, Mr. Ackerman, Mr.
Lazio, and Mr. Hochbrueckner):
H. Con. Res. 242. Concurrent resolution to express the
sense of the Congress that if nominated by the Governor of
New York as an estuary of national significance, the
Administrator of the Environmental Protection Agency should
select and convene a management conference under the Federal
Water Pollution Control Act for the lands and waters
comprising the South Shore Estuary Reserve on Long Island,
NY; jointly, to the Committees on Public Works and
Transportation and Merchant Marine and Fisheries.
Para. 37.36 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
[[Page 702]]
352. By the SPEAKER: Memorial of the House of
Representatives of the State of New Hampshire, relative to
providing that long-term-care services in New Hampshire be
based on a philosophy that is family-centered, supports and
empowers the individual, is community-based, and prioritizes
the least restrictive alternatives; to the Committee on
Energy and Commerce.
353. Also, memorial of the Senate of the Commonwealth of
Virginia, relative to requesting the Congress of the United
States to quickly develop and approve the National Highway
System; to the Committee on Public Works and Transportation.
Para. 37.37 private bills and resolutions
Under clause 1 of rule XXII,
Mrs. BENTLEY introduced a bill (H.R. 4295) to authorize the
Secretary of Transportation to issue certificates of
documentation for six dredging vessels; which was referred to
the Committee on Merchant Marine and Fisheries.
Para. 37.38 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 64: Mr. Lewis of Georgia.
H.R. 65: Mr. Barcia of Michigan.
H.R. 104: Mr. Packard.
H.R. 212: Mr. Leach.
H.R. 234: Mr. Beilenson.
H.R. 300: Mr. Pastor.
H.R. 303: Mr. Barcia of Michigan.
H.R. 393: Ms. DeLauro.
H.R. 512: Mr. Myers of Indiana and Mr. Foglietta.
H.R. 647: Mr. Manton, Mr. Clinger, and Mr. Richardson.
H.R. 702: Mrs. Fowler and Mr. Clinger.
H.R. 737: Mr. Owens.
H.R. 763: Mr. DeLay.
H.R. 830: Mr. McHale.
H.R. 840: Mrs. Collins of Illinois.
H.R. 885: Mr. Mann and Mr. Solomon.
H.R. 911: Mr. Peterson of Florida and Ms. DeLauro.
H.R. 1012: Mr. Barca of Wisconsin.
H.R. 1056: Mrs. Fowler, Mr. Nussle, and Mr. Calvert.
H.R. 1151: Mr. Jefferson and Mr. Stenholm.
H.R. 1671: Mr. Klug.
H.R. 2037: Mrs. Maloney.
H.R. 2292: Mrs. Unsoeld.
H.R. 2418: Mr. Hoekstra and Mr. Mann.
H.R. 2442: Mr. Barlow.
H.R. 2444: Mr. Doolittle, Mr. Weldon, Mr. Collins of
Georgia, Mr. Hansen, Mr. Levy, Mr. Saxton, and Mr. Tucker.
H.R. 2544: Mr. Hinchey, Mr. Calvert, Mr. Shaw, and Mrs.
Meek of Florida.
H.R. 2617: Mr. Dornan.
H.R. 2646: Mr. Ravenel.
H.R. 2803: Mr. Kingston, Mrs. Lloyd, Mrs. Meyers of Kansas,
Mr. Quinn, Mr. Dickey, Mr. Canady, Mr. Kopetski, Mr. Peterson
of Florida, Mr. Knollenberg, Mr. Hancock, Mr. Gingrich, Mr.
Fields of Louisiana, Mr. McCollum, Mr. Hefner, Mr. Portman,
and Mr. Andrews of New Jersey.
H.R. 2918: Mr. Clyburn, Mr. Owens, Ms. Brown of Florida,
and Mr. Scott.
H.R. 3017: Mr. Pickett, Mr. Buyer, Mr. Mazzoli, and Mr.
Talent.
H.R. 3179: Mr. Weldon, Mr. Packard, and Mr. Solomon.
H.R. 3246: Mr. Clyburn, Ms. English of Arizona, Mr.
Foglietta, Ms. Margolies-Mezvinsky, Mr. Parker, and Mr.
Evans.
H.R. 3303: Mr. Parker and Mr. Stokes.
H.R. 3347: Mr. Clay and Mr. Wynn.
H.R. 3475: Ms. Furse and Mr. Saxton.
H.R. 3527: Mrs. Maloney and Mr. Nadler.
H.R. 3546: Mr. Stenholm.
H.R. 3560: Mr. Klug.
H.R. 3611: Mr. Torres.
H.R. 3645: Mr. Duncan and Mr. Klug.
H.R. 3663: Mr. Berman and Mr. Yates.
H.R. 3692: Mr. Klug.
H.R. 3720: Ms. DeLauro.
H.R. 3797: Mr. Canady, Mr. Dornan, Mr. Herger, and Mr.
McKeon.
H.R. 3866: Mr. Brown of Ohio, Mr. Studds, Mr. Rangel, Mr.
Ackerman, Mr. Clay, Mr. Hastings, Mr. Lewis of Georgia, and
Mr. Pomeroy.
H.R. 3870: Mr. Nadler.
H.R. 3906: Mr. Goodling, Mr. Knollenberg, Mr. Greenwood,
and Mr. Machtley.
H.R. 3943: Mr. Solomon.
H.R. 3982: Mr. Manton, Mr. Bateman, Mr. Pallone, and Mr.
Young of Alaska.
H.R. 4019: Mr. Gene Green of Texas, Mr. Clyburn, and Mr.
McHugh.
H.R. 4024: Mr. Washington, Mrs. Collins of Illinois, Mr.
Towns, and Mr. Kopetski.
H.R. 4051: Mr. Foglietta.
H.R. 4057: Mr. Upton, Mr. Torkildsen, Mr. Wilson, Mr.
Gingrich, and Mr. Glickman.
H.R. 4100: Mr. Inslee and Mr. Andrews of Maine.
H.R. 4105: Mr. Richardson.
H.R. 4126: Mr. Romero-Barcelo, Mr. Reynolds, Ms. Eddie
Bernice Johnson of Texas, and Mr. Scott.
H.R. 4135: Mr. Beilenson, Mr. Bereuter, Mr. Fazio, Mr.
Martinez, Mr. Frost, Mr. Hochbrueckner, Mr. Durbin, Mr.
Bonior, Mr. Lehman, Mr. Tanner, Mr. Bilbray, Ms. Pryce of
Ohio, Ms. Pelosi, Mr. Livingston, Mr. Derrick, Mr. Lewis of
Georgia, and Mrs. Kennelly.
H.R. 4138: Mr. Torkildsen.
H.R. 4148: Mr. Washington and Mr. Kennedy.
H.R. 4219: Mr. Gibbons.
H.J. Res. 209: Mr. de la Garza.
H.J. Res. 253: Mrs. Kennelly and Mr. Ravenel.
H.J. Res. 276: Mrs. Vucanovich, Mr. de la Garza, Mr. Lewis
of Florida, Mr. Portman, Mr. Abercrombie, Mr. Weldon, Mr.
Cardin, Mr. Shaw, Mr. Ackerman, Mr. Ballenger, Mr. Andrews of
Maine, Mr. Jefferson, Mr. Studds, Mr. Hutto, Mr. Houghton,
Mr. Emerson, Mr. Young of Alaska, and Ms. Waters.
H.J. Res. 302: Mr. Deutsch, Mr. Lazio, Mr. Owens, Mr.
Visclosky, Mr. Spence, Ms. Slaughter, Mr. Hastert, Mr.
Schumer, Mr. Brown of California, Mr. Hamilton, Mr. Studds,
Mr. Mineta, Mrs. Kennelly, and Mr. Mann.
H.J. Res. 308: Mr. Vento and Mr. Frank of Massachusetts.
H.J. Res. 315: Mr. Brooks, Mrs. Clayton, Mr. Conyers, Mr.
Cox, Ms. Danner, Mr. de la Garza, Mr. Fields of Louisiana,
Mr. Flake, Mr. Hoyer, Mr. McCloskey, Mr. McDade, Mr. Michel,
Mr. Mineta, Mr. Moorhead, Ms. Norton, Mr. Owens, Mr. Sawyer,
Mr. Spence, Mr. Upton, Mrs. Vucanovich, and Mr. Wynn.
H.J. Res. 327: Mr. Bonior, Ms. Brown of Florida, Mr.
DeFazio, Mr. Manton, Mr. Barrett of Wisconsin, Mr. Gekas, Mr.
Skeen, Mr. Lantos, and Mr. LaRocco.
H.J. Res. 328: Mrs. Thurman, Mr. Gekas, and Mr. Peterson of
Florida.
H.J. Res. 333: Mr. Gonzalez, Mr. Cox, Mr. Wynn, Mr. Gilman,
Mr. Hughes, Mr. Deutsch, Mr. Moakley, Mr. Studds, Mrs.
Clayton, Mr. Solomon, Mr. Inslee, and Mr. DeFazio.
H.J. Res. 342: Mrs. Clayton, Mr. Sarpalius, Mr. Browder,
Mr. Talent, Mr. Cramer, Mr. Studds, Ms. Molinari, Mr.
Martinez, Mr. LaFalce, Mr. Gutierrez, Mr. McCrery, Mr. Leach,
Mr. Young of Alaska, Mr. Hughes, Mr. Evans, and Mr. Slattery.
H.J. Res. 350: Mr. Evans, Mr. Gordon, Mr. Faleomavaega,
Mrs. Mink of Hawaii, and Mr. Martinez.
H.J. Res. 356: Mr. Lewis of Georgia and Mr. de la Garza.
H. Con. Res. 148: Mr. Bilirakis.
H. Con. Res. 159: Mr. Sam Johnson.
H. Con. Res. 168: Mr. Frank of Massachusetts and Mr.
Bilirakis.
H. Con. Res. 173: Ms. Pryce of Ohio, Mr. Lipinski, Mr.
Machtley, and Mr. Moran.
H. Con. Res. 177: Mr. Wynn, Mr. Vento, Mr. Zeliff, Mr.
Hinchey, Mr. Canady, and Mr. Gilchrest.
H. Con. Res. 210: Mr. Manton.
H. Con. Res. 214: Mr. McCloskey, Mr. Rohrabacher, Mr.
Schumer, and Mr. Levy.
H. Res. 190: Mrs. Meyers of Kansas.
H. Res. 225: Ms. Schenk, and Mr. Castle.
H. Res. 363: Mr. Portman.
H. Res. 403: Mr. Vento, Mr. Miller of California, Mr. Obey,
Mr. Barrett of Wisconsin, Mr. Borski, Mr. Calvert, Mr.
Coppersmith, Mr. Crapo, Mr. DeFazio, Mr. Deutsch, Mr. Dicks,
Mr. Fazio, Mrs. Fowler, Mr. Frost, Mr. Hefner, Mr. Inslee,
Mr. Johnson of Georgia, Mr. Johnson of South Dakota, Mr.
Kasich, Mr. Klein, Mr. Kopetski, Mr. LaFalce, Mr. Lipinski,
Mr. Minge, Mr. McDermott, Mr. Neal of Massachusetts, Mr.
Ramstad, Mr. Richardson, Mr. Sawyer, Ms. Shepherd, Mr.
Wilson, Ms. Norton, Mr. Filner, Mr. Hilliard, Mr. Owens, Mr.
Brewster, Mr. Clyburn, Mr. de Lugo, Mr. Doolittle, Mr.
Murphy, Mr. Lantos, Mr. Spence, Mr. Slattery, Mr. Hobson, Mr.
Hyde, Mr. Jefferson, Mr. Livingston, Mr. McCrery, Mr.
Kleczka, Ms. Furse, and Mrs. Meek of Florida.
Para. 37.39 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 40: Mr. Wheat.
H.R. 3266: Mr. Peterson of Florida.
H. Con. Res. 173: Mr. Price of North Carolina.
.
MONDAY, APRIL 25, 1994 (38)
Para. 38.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
MONTGOMERY, who laid before the House the following communication:
Washington, DC,
April 25, 1994.
I hereby designate the Honorable G.V. (Sonny) Montgomery to
act as Speaker pro tempore on this day.
Thomas S. Foley,
Speaker, House of Representatives.
Para. 38.2 approval of the journal
The SPEAKER pro tempore, Mr. MONTGOMERY, announced he had examined and
approved the Journal of the proceedings of Thursday, April 21, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 38.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3037. A communication from the President of the United
States, transmitting amendments to the fiscal year 1985
appropriations requests for the Departments of Health and
Human Services and Justice, and the Federal Communications
Commission, pursuant to 31 U.S.C. 1107 (H. Doc. No. 103-245);
to the Committee on Appropriations and ordered to be printed.
[[Page 703]]
3038. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-225,
``Omnibus Budget Support Act of 1994,'' pursuant to D.C.
Code, section 1-233(c)(1); to the Committee on the District
of Columbia.
3039. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-221, ``Real
Property Statutory and Filing Deadlines Conformity Amendment
Act of 1994,'' pursuant to D.C. Code, section 1-233(c)(1); to
the Committee on the District of Columbia.
3040. A letter from the Director, Defense Security
Assistance Agency, transmitting notification of the
Department of the Navy's proposed Letter(s) of Offer and
Acceptance [LAO] to Australia for defense articles
(Transmittal No. 94-20), pursuant to 2776(b); to the
Committee on Foreign Affairs.
3041. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on Foreign Affairs.
3042. A letter from the Acting Archivist, National Archives
and Records Administration, transmitting a report on records
disposal, pursuant to 44 U.S.C. 3303a(f); to the Committee on
Government Operations.
3043. A letter from the Director of Legislative and Public
Affairs, National Science Foundation, transmitting a report
on activities under the Freedom of Information Act for
calendar year 1993, pursuant to 5 U.S.C. 552(d); to the
Committee on Government Operations.
3044. A letter from the Deputy Associate Director for
Compliance, Department of the Interior, transmitting
notification of proposed refunds of excess royalty payments
in OCS areas, pursuant to 43 U.S.C. 1339(b); to the Committee
on Natural Resources.
3045. A letter from the Secretary of Agriculture,
transmitting a draft of proposed legislation to designate a
segment of the Rubicon River in the State of California as a
component of the Wild and Scenic Rivers System; to the
Committee on Natural Resources.
3046. A letter from the Administrator, Small Business
Administration, transmitting a draft of proposed legislation
to amend the Small Business Investment Act of 1958 to permit
prepayment of debentures issued by State and local
development companies; to the Committee on Small Business.
3047. A letter from the Administrator, Small Business
Administration, transmitting a draft of proposed legislation
to amend the Small Business Act; to the Committee on Small
Business
3048. A letter from the Chairman, U.S. International Trade
Commission, transmitting the 77th quarterly report on trade
between the United States and China, the successor states to
the former Soviet Union, and other title IV countries during
1993, pursuant to 19 U.S.C. 2440; to the Committee on Ways
and Means.
Para. 38.4 message from the senate
A message from the Senate by one of its clerks, announced that the
Senate had passed bills of the following titles, in which the
concurrence of the House is requested:
S. 540. An Act to improve the administration of the
bankruptcy system, address certain commercial issues and
consumer issues in bankruptcy, and establish a commission to
study and make recommendations on problems with the
bankruptcy system, and for other purposes.
S. 725. An Act to amend the Public Health Service Act to
provide for the conduct of expanded studies and the
establishment of innovative programs with respect to
traumatic brain injury, and for other purposes.
S. 1904. An Act to amend title 38, United States Code, to
improve the organization and procedures of the Board of
Veterans' Appeals.
S. 2000. An Act to authorize appropriations for fiscal
years 1995 through 1998 to carry out the Head Start Act and
the Community Services Block Grant Act, and for other
purposes.
Para. 38.5 communication from the clerk--message from the president
The SPEAKER pro tempore, Mr. MONTGOMERY, laid before the House a
communication, which was read as follows:
House of Representatives,
Washington, DC, April 25, 1994.
Hon. Thomas S. Foley,
The Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, I have the honor to transmit a sealed
envelope received from the White House on Monday, April 25,
1994 at 9:34 a.m. and said to contain a message from the
President whereby he notifies the Congress of the death of
President Richard M. Nixon.
With great respect, I am
Sincerely yours,
Donnald K. Anderson,
Clerk, House of Representatives.
Para. 38.6 richard m. nixon
The Clerk then read the message from the President, as follows:
To the Congress of the United States:
It is my sad duty to inform you officially of the death of Richard
Milhous Nixon, the thirty-seventh President of the United States.
Born in 1913, he was first elected to the Congress in 1946, a member
of that historic freshman class of World War II veterans that also
included John F. Kennedy. He was elected to the Senate in 1950, and
served two terms as Vice President of the United States between 1953 and
1961. His career in the Congress coincided with the great expansion of
the American middle class, when men and women from backgrounds as humble
as his own secured the triumph of freedom abroad and the promise of
economic growth at home.
He remained a visible presence in American public life for over half a
century. Yet through all those years of service to his country, in the
military, in the Congress, in the Presidency, and beyond, he cherished
his life as a private man, a family man. He was lovingly devoted to his
wife, Pat, to their daughters Patricia Cox and Julie Eisenhower, and to
his four grandchildren.
His lifetime and public career were intertwined with America's rise as
a world power. His faith in America never wavered, from his famous
``kitchen debate'' with Soviet Premier Nikita Khrushchev through all of
the debates that followed. We Americans and our neighbors abroad will
always owe him a special debt for opening diplomatic doors to Beijing
and Moscow during his Presidency, and his influence in world affairs
will be felt for years to come.
Richard Milhous Nixon lived the ``American Dream.'' Now, he rests in
peace.
William J. Clinton.
The White House, April 22, 1994.
Para. 38.7 richard m. nixon
Mr. MICHEL submitted the following privileged resolution (H. Res.
411):
Resolved, That the House of Representatives has learned
with profound regret and sorrow of the death of Richard
Milhous Nixon, former President of the United States of
America.
Resolved, That in recognition of the many virtues, public
and private, of one who served with distinction as
Representative, Senator, Vice President, and President, the
Speaker shall appoint committees of the House to join with
such Members of the Senate as may be designated, to attend
the funeral services of the former President.
Resolved, That the House tenders its deep sympathy to the
members of the family of the former President in their sad
bereavement.
Resolved, That the Sergeant at Arms of the House be
authorized and directed to take such steps as may be
necessary for carrying out of the provisions of these
resolutions, and that the necessary expenses in connection
therewith be paid out the contingent fund of the House.
Resolved, That the Clerk communicate these resolutions to
the Senate and transmit a copy of the same to the family of
the former President.
Resolved, That when the House adjourns today, it adjourn as
a further mark of respect to the memory of the former
President.
After debate,
On motion of Mr. MICHEL, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof
Para. 38.8 order of business--consideration of conference report h.r.
2333
On motion of Mr. MONTGOMERY, by unanimous consent,
Ordered, That, notwithstanding the provisions of clause 2 of rule
XXVIII, it may be in order on Thursday, April 28, 1994, or any day
thereafter, for the House to consider the conference report on the bill
(H.R. 2333) to authorize appropriations for the Department of State, the
United States Information Agency, and related agencies, to authorize
appropriations for foreign assistance programs, and for other purposes;
and all points of order against said conference report and its
consideration are hereby waived, and said conference report shall be
considered as read when called up.
Para. 38.9 communication from the clerk--message from the senate
The SPEAKER pro tempore, Mrs. MEEK, laid before the House a
communication, which was read as follows:
[[Page 704]]
House of Representatives,
Washington, DC, April 25, 1994.
Hon. Thomas S. Foley,
The Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, the Clerk received the following message
from the Secretary of the Senate on Friday, April 22, 1994 at
12:05 p.m.: that the Senate agreed to the Conference Report
on H.R. 2884.
With great respect, I am.
Sincerely yours,
Donnald K. Anderson,
Clerk, House of Representatives.
And then,
Para. 38.10 adjournment
On motion of Mr. MONTGOMERY, pursuant to the provisions of House
Resolution 411, at 12 o'clock and 20 minutes p.m., the House adjourned
out of respect for the late Honorable Richard M. Nixon until 10:30 a.m.,
Tuesday, April 26, 1994.
Para. 38.11 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. HAMILTON: Committee of Conference. Conference report on
H.R. 2333. A bill to authorize appropriations for the
Department of State, the U.S. Information Agency, and related
agencies, to authorize appropriations for foreign assistance
programs, and for other purposes (Rept. No. 103-482). Ordered
to be printed.
Para. 38.12 subsequent action on a reported bill sequentially referred
Under clause 5 of rule X the following action was taken by the
Speaker:
[Submitted April 22, 1994]
H.R. 2442. Referral to the Committee on Banking, Finance
and Urban Affairs extended for a period ending not later than
April 26, 1994.
Para. 38.13 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. SCHUMER (for himself, Mr. Reynolds, Mr. Synar,
Mr. Abercrombie, Mr. Andrews of Maine, Mr. Becerra,
Mr. Beilenson, Mr. Berman, Mr. Borski, Mrs. Byrne,
Mr. Cardin, Mr. Castle, Mrs. Clayton, Mr.
Coppersmith, Ms. DeLauro, Mr. Deutsch, Mr. Engel, Ms.
English of Arizona, Ms. Eshoo, Mr. Fingerhut, Mr.
Frank of Massachusetts, Mr. Gutierrez, Ms. Harman,
Mr. Hoagland, Mr. Hochbrueckner, Mr. Johnston of
Florida, Mr. Kennedy, Mr. Lewis of Georgia, Ms.
Lowey, Mrs. Maloney, Mr. Mann, Mr. Manton, Mr.
Markey, Mr. Mazzoli, Mr. Moran, Mr. Nadler, Mr.
Owens, Ms. Pelosi, Mr. Rangel, Mr. Sabo, Ms. Schenk,
Mrs. Schroeder, Mr. Serrano, Ms. Shepherd, Ms.
Slaughter, Mr. Stark, Mr. Studds, Ms. Velazquez, Mr.
Vento, Mr. Waxman, Mr. Wheat, Ms. Woolsey, and Mr.
Yates):
H.R. 4296. A bill to make unlawful the transfer or
possession of assault weapons; to the Committee on the
Judiciary.
By Mr. MICHEL:
H. Res. 411. Resolution expressing the profound regret and
sorrow of the House of Representatives on the death of
Richard Milhous Nixon, former President of the United States
of America; considered and agreed to.
By Mr. LaFALCE (by request):
H.R. 4297. A bill to amend the Small Business Act; to the
Committee on Small Business.
H.R. 4298. A bill to amend the Small Business Investment
Act of 1958 to permit prepayment of debentures issued by
State and local development companies; to the Committee on
Small Business.
Para. 38.14 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
354. By the Speaker: Memorial of the House of
Representatives of the State of Alabama, relative to
relations with the Repbulic of China on Taiwan; to the
Committee on Foreign Affairs.
355. Also, memorial of the Senate of the Commonwealth of
Virginia, relative to Medicare reimbursement to rural
physicians; jointly, to the Committees on Ways and Means and
Energy and Commerce.
Para. 38.15 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 790: Mrs. Schroeder.
H.R. 1277: Mrs. Fowler.
H.R. 1906: Mrs. Mink of Hawaii and Mrs. Schroeder.
H.R. 2050: Mr. Ravenel and Mr. Swett.
H.R. 3659: Mr. Levy.
H.R. 3663: Mr. Torkildsen.
H.R. 3943: Mr. Hancock.
H.R. 4100: Mr. Pallone.
H.R. 4109: Mrs. Maloney and Mr. LaFalce.
H.R. 4124: Mr. Filner.
H.R. 4211: Mr. Torkildsen, Ms. Schenk, and Mr. Cunningham.
H.J. Res. 305: Mr. Sawyer, Mr. Bilirakis, Mr. Rush, Mr.
Slattery, Ms. Lowey, Mr. McCollum, Mr. Roberts, Mr. Spence,
Mr. Pallone, Mr. Manton, Mr. Synar, Mr. Ravenel, Mr. Smith of
Texas, Mr. Scott, and Mr. Quillen.
H. Con. Res. 122: Mr. Moran and Mr. Gutierrez.
H. Con. Res. 179: Mr. Gilman.
H. Con. Res. 186: Mr. Manton.
.
TUESDAY, APRIL, 26, 1994 (39)
The House was called to order by the SPEAKER at 10:30 a.m., when,
pursuant to the order of the House of Friday, February 11, 1994, Members
were recognized for ``morning hour'' debates.
Para. 39.1 recess--11:00 a.m.
The SPEAKER pro tempore, Mrs. CLAYTON, pursuant to clause 12 of rule
I, declared the House in recess until 12 o'clock noon.
Para. 39.2 after recess--12:00 noon
The SPEAKER called the House to order.
Para. 39.3 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Monday, April 25, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 39.4 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3049. A letter from the Comptroller of the Department of
Defense, transmitting a report of a violation of the Anti-
Deficiency Act which occurred in the Department of the Navy,
pursuant to 31 U.S.C. 1517(b); to the Committee on
Appropriations.
3050. A letter from the Comptroller of the Department of
Defense, transmitting a report of a violation of the Anti-
Deficiency Act which occurred in the Department of the Air
Force, pursuant to 31 U.S.C. 1517(b); to the Committee on
Appropriations.
3051. A letter from the Comptroller of the Department of
Defense, transmitting a report of a violation of the Anti-
Deficiency Act which occurred in the Department of the Navy,
pursuant to 31 U.S.C. 1517(b); to the Committee on
Appropriations.
3052. A letter from the Comptroller of the Department of
Defense, transmitting a report of a violation of the Anti-
Deficiency Act which occurred in the Department of the Navy,
pursuant to 31 U.S.C. 1517(b); to the Committee on
Appropriations.
3053. A letter from the Acting General Counsel, Department
of Defense, transmitting a draft of proposed legislation
entitled, ``Military Construction Authorization Act for
Fiscal year 1995,'' pursuant to 31 U.S.C. 1110; to the
Committee on Armed Services.
3054. A letter from the Secretary of Housing and Urban
Development, transmitting a draft of proposed legislation
entitled, ``Housing Choice and Community Investment Act of
1994''; to the Committee on Banking, Finance and Urban
Affairs.
3055. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a report regarding
Poland consistent with section 8(b)(3) of the Arms Export
Control Act, as amended, and section 11(b)(3) of the Export
Administration Act of 1979, as amended; to the Committee on
Foreign Affairs.
3056. A letter from the Director, U.S. Trade and
Development Agency, transmitting the Agency's first annual
audit to the Congress, pursuant to 22 U.S.C. 2421(e)(2); to
the Committee on Foreign Affairs.
3057. A letter from the Chairman, National Labor Relations
Board, transmitting a report on activities under the Freedom
of Information Act for calendar year 1993, pursuant to 5
U.S.C. 552; to the Committee on Government Operations.
3058. A letter from the Secretary of Veterans Affairs,
transmitting a report on activities under the Freedom of
Information Act for calendar year 1993, pursuant to 5 U.S.C.
552(e); to the Committee on Government Operations.
3059. A letter from the Chairwoman, Mid-Dakota Rural Water
System, transmitting the Mid-Dakota Rural Water System final
engineering report, January, 1994; to the Committee on
Natural Resources.
3060. A letter from the Attorney General, Department of
Justice, transmitting the fiscal year 1993 annual report of
the Board of Directors of Federal Prison Industries, Inc.,
pursuant to 18 U.S.C. 4127; to the Committee on the
Judiciary.
3061. A letter from the Attorney General, Department of
Justice, transmitting the annual report covering the 12-month
period ended September 30, 1993, on the activities of the
Federal courts under this Equal Access to Justice Act of
1980, pursuant to 28 U.S.C. 2412(d)(5); to the Committee on
the Judiciary.
3062. A letter from the Administrator, Environmental
Protection Agency, transmitting the national water quality
inventory re-
[[Page 705]]
port for 1992, pursuant to 33 U.S.C. 1315(b)(2); to the
Committee on Public Works and Transportation.
3063. A letter from the Deputy Administrator, General
Services Administration, transmitting informational copy of
the report of building project survey for Dallas, TX,
pursuant to 40 U.S.C. 606(a); to the Committee on Public
Works and Transportation.
3064. A letter from the Administrator, General Service
Administration, transmitting informational copies of
prospectuses, pursuant to 40 U.S.C. 606(a); to the Committee
on Public Works and Transportation.
3065. A letter from the Administrator, General Services
Administration, transmitting informational copies of the
fiscal year 1995 General Services Administration's [GSA's]
Public Building Service [PBS] Acquisition of Facilities
Program, pursuant to 40 U.S.C. 606(a); to the Committee on
Public Works and Transportation.
3066. A letter from the U.S. Trade Representative,
transmitting a report on recent developments regarding
implementation of section 301 of the Trade Act of 1974,
pursuant to section 309(a)(3) of the Trade Act of 1974; to
the Committee on Ways and Means.
3067. A letter from the General Counsel of the Navy,
transmitting a draft of proposed legislation to authorize the
transfer of 17 naval vessels to certain foreign countries,
pursuant to 10 U.S.C. 7307(b)(1); jointly, to the Committees
on Armed Services and Foreign Affairs.
3068. A letter from the Secretary, Department of Energy,
transmitting the first annual report on building energy
efficiency standards activities, pursuant to Public Law 102-
486, section 101(a) (106 Stat. 2786); jointly, to the
Committees on Energy and Commerce and Public Works and
Transportation.
3069. A letter from the Acting General Counsel, Department
of Defense, transmitting a draft of proposed legislation
entitled, ``National Defense Authorization Act for Fiscal
Year 1995,'' pursuant to 31 U.S.C. 1110; jointly, to the
Committees on Armed Services, Education and Labor, Post
Office and Civil Service, the Judiciary, Ways and Means,
Energy and Commerce, and Foreign Affairs.
Para. 39.5 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed the following resolution:
S. Res. 205
Resolved, That the Senate has heard with profound sorrow
and deep regret the announcement of the death of the
Honorable Richard M. Nixon, a former President of the United
States, a former Vice President of the United States, a
former Representative and former Senator from the State of
California.
Resolved, That in recognition of his illustrious
statesmanship, his leadership in national and world affairs,
his distinguished public service to his State and his Nation,
and as a mark of respect to one who has held such eminent
public station in life, the Presiding Officer of the Senate
appoint a committee to consist of all the Members of the
Senate to attend the funeral of the former President.
Resolved, That the Senate hereby tender its deep sympathy
to the members of the family of the former President in their
sad bereavement.
Resolved, That the Secretary communicate these resolutions
to the House of Representatives and transmit a copy thereof
to the family of the former President.
Resolved, That when the Senate recesses today, it recess as
a further mark of respect to the memory of the deceased.
Para. 39.6 enrolled bill signed
The SPEAKER announced that pursuant to clause 4, rule I, he signed the
following enrolled bill on Friday, April 22, 1994:
H.R. 2884. An Act to establish a national framework for the
development of School-to-Work Opportunities systems in all
States, and for other purposes.
Para. 39.7 control and prevent crime
By unanimous consent, H.R. 4092, to control and prevent crime, was
laid on the table.
Para. 39.8 communication from the clerk--message from the president
The SPEAKER laid before the House a communication, which was read as
follows:
House of Representatives,
Washington, DC, April 26, 1994.
Hon. Thomas S. Foley,
The Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, I have the honor to transmit a sealed
envelope received from the White House on Monday, April 25,
1994 at 5:40 p.m. and said to contain a message from the
President whereby he transmits a 6-month periodic report on
the national emergency with respect to Haiti.
With great respect, I am
Sincerely yours,
Donnald K. Anderson,
Clerk, House of Representatives.
Para. 39.9 national emergency with respect to haiti
The Clerk then read the message from the President, as follows:
To the Congress of the United States:
1. In December 1990, the Haitian people elected Jean-Bertrand Aristide
as their President by an overwhelming margin in a free and fair
election. The United States praised Haiti's success in peacefully
implementing its democratic constitutional system and provided
significant political and economic support to the new government. The
Haitian military abruptly interrupted the consolidation of Haiti's new
democracy when in September 1991, it illegally and violently ousted
President Aristide from office and drove him into exile.
2. The United States, on its own and with the Organization of American
States (OAS), immediately imposed sanctions against the illegal regime.
The United States has also actively supported the efforts of the OAS and
the United Nations to restore democracy to Haiti and to bring about
President Aristide's return by encouraging and facilitating a political
process involving all the legitimate Haitian parties. The United States
and the international community also offered material assistance within
the context of an eventual settlement of the Haitian crisis to support
the return to democracy, build constitutional structures, and foster
economic well-being.
In furtherance of these twin objectives--restoration of constitutional
democracy and fostering economic recovery--as discussed in section 10
below, the United States has taken additional measures to block the
U.S.-located assets of persons (civilian as well as military) whose
conduct, or material or financial support, has assisted the illegal
maintenance of the illegitimate regime in Haiti, including persons
obstructing the U.N. Mission in Haiti or the implementation of the
Governors Island Agreement, and persons perpetuating or contributing to
the violence in Haiti. In addition, in an effort to stabilize employment
and minimize economic hardship for the local populace in Haiti, U.S.
persons currently licensed to deal with the vital Haitian assembly
sector have received reauthorization through May 31, 1994.
3. This report is submitted to the Congress pursuant to 50 U.S.C.
1641(c) and 1703(c), and discusses Administration actions and expenses
since my last report (November 13, 1993) that are directly related to
the national emergency with respect to Haiti declared in Executive Order
No. 12775, as implemented pursuant to that order and Executive Orders
Nos. 12779, 12853, and 12872.
4. Economic sanctions against the de facto regime in Haiti were first
imposed in October 1991. On October 4, 1991, in Executive Order No.
12775, President Bush declared a national emergency to deal with the
threat to the national security, foreign policy, and economy of the
United States caused by events that had occurred in Haiti to disrupt the
legitimate exercise of power by the democratically elected government of
that country (56 Fed. Reg. 50641). In that order, the President ordered
the immediate blocking of all property and interests in property of the
Government of Haiti (including the Banque de la Republique d'Haiti) then
or thereafter located in the United States or within the possession or
control of a U.S. person, including its overseas branches. The Executive
Order also prohibited any direct or indirect payments or transfers to
the de facto regime in Haiti of funds or other financial or investment
assets or credits by any U.S. person, including its overseas branches,
or by any entity organized under the laws of Haiti and owned or
controlled by a U.S. person.
Subsequently, On October 28, 1991, President Bush issued Executive
Order No. 12779, adding trade sanctions against Haiti to the sanctions
imposed on October 4 (56 Fed. Reg. 55975). This order prohibited
exportation from the United States of goods, technology, services, and
importation into the United States of Haitian-origin goods and services,
after November 5, 1991, with certain limited exceptions. The order
exempted trade in publications and other informational materials from
the import, export, and payment prohibitions and permitted the
exportation to Haiti of donations to relieve human suffering as well as
commercial sales of five food commodities: rice, beans, sugar, wheat
flour, and cooking
[[Page 706]]
oil. In order to permit the return to the United States of goods being
prepared for U.S. customers by Haiti's substantial ``assembly sector,''
the order also permitted, through December 5, 1991, the importation into
the United States of goods assembled or processed in Haiti that
contained parts or materials previously exported to Haiti from the
United States. On February 5, 1992, it was announced that specific
licenses could be applied for on a case-by-case basis by U.S. persons
wishing to resume a pre-embargo import/export relationship with the
assembly sector in Haiti.
5. On June 30, 1993, I issued Executive Order No. 12853 that expanded
the blocking of assets of the de facto regime to include assets of
Haitian nationals identified by the Secretary of the Treasury as
providing substantial financial or material contributions to the regime,
or doing substantial business with the regime. That Executive order also
implemented United Nations Security Council Resolution (``UNSC
Resolution'') 841 of June 16, 1993, by prohibiting the sale or supply by
U.S. persons or from the United States, or using U.S.-registered vessels
or aircraft, of petroleum or petroleum products or arms and related
materiel of all types to any person or entity in Haiti, or for the
purpose of any business carried on in or operated from Haiti, or
promoting or calculated to promote such sale or supply. Carriage of such
goods to Haiti on U.S.-registered vessels is prohibited, as is any
transaction for the evasion or avoidance of, or attempt to evade or
avoid, any prohibition in the order.
6. As noted in my previous report, apparent steady progress toward
achieving the firm goal of restoring democracy in Haiti permitted the
United States and the world community to suspend economic sanctions
against Haiti in August 1993. With strong support from the United
States, the United Nations Security Council adopted Resolution 861 on
August 27, 1993, suspending the petroleum, arms, and financial sanctions
imposed under UNSC Resolution 841. On the same day, the Secretary
General of the OAS announced that the OAS was urging member states to
suspend their trade embargoes. In concert with these U.N. and OAS
actions, U.S. trade and financial restrictions against Haiti were
suspended, effective at 9:35 a.m. e.d.t., on August 31, 1993.
These steps demonstrated my determination and that of the
international community to see that Haiti and the Haitian people resume
their rightful place in our hemispheric community of democracies. Our
work to reach a solution to the Haitian crisis through the Governors
Island Agreement was however seriously threatened by accelerating
violence in Haiti sponsored or tolerated by the de facto regime. The
violence culminated on October 11, 1993, with the obstruction by armed
``attaches,'' supported by the Haitian military and police, of the
deployment of U.S. military trainers and engineers sent to Haiti as part
of the United Nations Mission in Haiti. The Haitian military's decision
to dishonor its commitments made in the Governors Island Agreement was
apparent. On October 13, 1993, the United Nations Security Council
issued Resolution 873, which terminated the suspension of sanctions
effective at 11:59 p.m. e.d.t., October 18, 1993.
As a result, effective at 11:59 p.m. e.d.t., October 18, 1993, the
Department of the Treasury revoked the suspension of those trade and
financial sanctions that had been suspended, so that the full scope of
prior prohibitions was reinstated (58 Fed. Reg. 54024, October 19,
1993). In addition to the actions I took in Executive Order No. 12853,
the reinstated sanctions in the Haitian Transactions Regulations, 31
C.F.R. Part 580 (the ``HTR''), prohibit most unlicensed trade with
Haiti, and block the assets of the de facto regime in Haiti and the
Government of Haiti. Restrictions on the entry into U.S. ports of
vessels whose Haitian calls would violate U.S. or OAS sanctions had they
been made by U.S. persons were also reinstated.
Also effective at 11:59 p.m. e.d.t., October 18, 1993, I issued
Executive Order No. 12872 (58 Fed. Reg. 54029), authorizing the
Department of the Treasury to block assets of persons who have: (1)
contributed to the obstruction of UNSC resolutions 841 and 873, the
Governors Island Agreement, or the activities of the U.N. Mission in
Haiti; (2) perpetuated or contributed to the violence in Haiti; or (3)
materially or financially supported either the obstruction or the
violence referred to above. This authority is in addition to the
blocking authority provided for in the original sanctions and in
Executive Order No. 12853 of June 30, 1993, and ensures adequate
authority to reach assets subject to U.S. jurisdiction of military and
police officials, civilian ``attaches'' and their financial patrons
meeting these criteria. A list of 41 such individuals was published on
November 1, 1993, by the Office of Foreign Assets Control (FAC) of the
Department of the Treasury (58 Fed. Reg. 58480).
On October 18, I ordered the deployment of six U.S. Navy vessels off
Haiti's shores. To improve compliance with the ban on petroleum and
munitions shipments to Haiti contained in UNSC resolutions 841 and 873,
my Administration succeeded in securing the passage of UNSC Resolution
No. 875. UNSC Resolution 875 calls upon the United Nations Member States
acting either nationally or through regional agencies or arrangements to
halt inward maritime shipping for Haiti in order to inspect and verify
that the Haiti-bound cargo does not contain UNSC-prohibited petroleum
or arms. A multinational Maritime Interdiction Force that includes
elements of the U.S. Navy and the U.S. Coast Guard has been established
and now patrols the waters off Haiti.
7. The declaration of the national emergency on October 4, 1991, was
made pursuant to the authority vested in the President by the
Constitution and laws of the United States, including the International
Emergency Economic Power Act (50 U.S.C. 1701 et seq.) (IEEPA), the
National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of
title 3 of the United States Code. The emergency declaration was
reported to the Congress on October 4, 1991, pursuant to section 204(b)
of IEEPA (50 U.S.C. 1703(b)). The additional sanctions set forth in
Executive Orders Nos. 12779, 12853, and 12872, were imposed pursuant to
the authority vested in the President by the Constitution and laws of
the United States, including the statutes cited above, as well as the
United Nations Participation Act of 1945 (22 U.S.C. 287c), and
represent the response by the United States to the United Nations
Security Council and OAS directives and recommendations discussed
above.
8. Since my report of November 13, 1993, FAC, in consultation with
the Department of State and other Federal agencies, has issued General
Notice No. 3, ``Notification of Blocked Individuals of Haiti.'' The
Notice, issued January 27, 1994, identifies 523 officers of the Haitian
Armed Forces who have been determined by the Department of the Treasury
to be Blocked Individuals of Haiti. General Notice No. 4, issued April
4, 1994, identifies an additional 27 individual officers of the Haitian
Armed Forces and one civilian who have been determined by the
Department of the Treasury to be Blocked Individuals of Haiti. These
are persons who are members of the de facto regime or are blocked
pursuant to Executive Orders Nos. 12853 or 12872. (A comprehensive list
of Blocked Individuals of Haiti was published on April 7, 1994 (59 Fed.
Reg. 15548)).
U.S. persons are prohibited from engaging in transactions with these
individuals and with all officers of the Haitian military (as members
of the de facto regime), whether or not named in General Notice No. 3
or No. 4, unless the transactions are licensed by FAC. Additionally,
all interests in property of these individuals that are in the United
States or in the possession or control of U.S. persons, including their
overseas branches, are blocked. U.S. persons are not prohibited,
however, from paying funds owed to these entities or individuals into
the appropriate blocked account in domestic U.S. financial
institutions. Copies of the comprehensive list and of General Notices
No. 3 and No. 4 are attached.
A policy statement, effective January 31, 1994 (59 Fed. Reg. 8134,
February 18, 1994), was published to extend until March 31, 1994, the
expiration date for all current assembly sector licenses issued by FAC
pursuant to the HTR, and a second policy notice, effective March 29,
1994, was published on April 1, 1994 (59 Fed. Reg. 15342), extending
these licenses through May 31, 1994. These licenses have provided an
exception to the comprehensive U.S. trade embargo on Haiti under which
the ``assembly
[[Page 707]]
sector'' has continued to receive parts and supplies from, and supply
finished products to, persons in the United States. Copies of the
policy statements are attached.
Assembly sector trade with the United States accounted for a
significant portion of Haiti's imports, and a substantial majority of
its exports, prior to the institution of the OAS-requested embargo in
November 1991. Although initially suspended due to the embargo,
assembly sector imports from and exports to the United States were
allowed to resume on a case-by-case basis beginning in February 1992 in
order to keep poorer segments of the Haitian population employed and to
reduce their incentive to attempt illegal and dangerous immigration by
sea to the United States and other countries. However, the continuing
uncertainties of the Haitian situation have led to a sharp decline in
assembly sector activity, where employment is now estimated to be no
more than 10 percent of pre-embargo levels.
9. In implementing the Haitian sanctions program, FAC has made
extensive use of its authority to specifically license transactions
with respect to Haiti in an effort to mitigate the effects of the
sanctions on the legitimate Government of Haiti and on the livelihood
of Haitian workers employed by Haiti's assembly sector, and to ensure
the availability of necessary medicines and medical supplies and the
undisrupted flow of humanitarian donations to Haiti's poor. For
example, specific licenses were issued: (1) permitting expenditures
from blocked assets for the operations of the legitimate Government of
Haiti; (2) permitting U.S. firms with pre-embargo relationships with
product assembly operations in Haiti to resume those relationships in
order to continue employment for their workers or, if they chose to
withdraw from Haiti, to return to the United States assembly equipment,
machinery, and parts and materials previously exported to Haiti; (3)
permitting U.S. companies operating in Haiti to establish, under
specified circumstances, interest-bearing blocked reserve accounts in
commercial or investment banking institutions in the United States for
deposit of amounts owed the de facto regime; (4) permitting the
continued material support of U.S. and international religious,
charitable, public health, and other humanitarian organizations and
projects operating in Haiti; (5) authorizing commercial sales of
agricultural inputs such as fertilizer and foodcrop seeds; and (6) in
order to combat deforestation, permitting the importation of
agricultural products grown on trees.
10. During this reporting period, U.S.-led OAS initiatives resulted
in even greater intensification and coordination of enforcement
activities. Continued close coordination with the U.S. Customs Service
in Miami sharply reduced the number of attempted exports of
unmanifested, unauthorized merchandise. New FAC initiatives are
expected to result in more effective coordination of Customs Service
and Department of Justice activities in prosecution of embargo
violations. During the reporting period, the multinational Maritime
Interdiction Force that contains elements of the U.S. Navy and U.S.
Coast Guard, continued to patrol offshore Haiti and to conduct ship
boardings, inspections of cargoes bound for Haiti, identification of
suspected violators, and referrals for investigation. The Maritime
Interdiction Force has boarded 612 ships and diverted 38 of these ships
for various reasons (inaccessibility of cargo for inspection, items
prohibited by the United Nations Security Council embargo on board)
from its inception to March 30, 1994. Actions have been taken to
counter embargo violations as they have developed. There have been
high-level discussions with the Government of the Dominican Republic to
encourage its stated desire to cooperate with the United Nations in
increasing the effectiveness of the enforcement of the sanctions on
that country's common border with Haiti across which fuel smuggling is
occurring. Other steps have been taken to control sales of bunker fuel
by ships in Haitian ports and smuggling of fuel in Haitian-Dominican
coastal waters.
The Department of the Treasury, in close coordination with Department
of State and the intelligence community, continues to designate
``Blocked Individuals of Haiti,'' blocking the assets of persons
(civilian as well as military) whose conduct meets the criteria of
Executive Orders Nos. 12755, 12853, and 12872, including persons
obstructing the U.N. Mission in Haiti or the implementation of the
Governors Island Agreement and persons perpetuating or contributing to
the violence in Haiti. The list was last expanded on January 27, when
the entire officer corps of the Haitian Armed Forces was blocked as
part of the de facto regime in Haiti, and on April 4, when one
additional civilian was added to the list. As others subverting
democracy in Haiti and additional members of the officer corps are
identified by name, these names will be incorporated into the list of
``Blocked Individuals of Haiti.''
Since the last report, 35 penalties, totaling in excess of $146,000,
have been collected from U.S. businesses and individuals for violations
of the Regulations. Eighteen violations involved unlicensed import- and
export-related activity. As of March 4, 1994, 12 payments of penalties
assessed against the masters of vessels for unauthorized trade
transactions or violations of entry restrictions totaled about $53,000.
A significant penalty collection during the reporting period was from
American Airlines for its direct payments of taxes and fees to the de
facto regime in Haiti.
11. The expenses incurred by the Federal Government in the 6-month
period from October 4, 1993, through April 3, 1994, that are directly
attributable to the authorities conferred by the declaration of a
national emergency with respect to Haiti are estimated at about $3.4
million, most of which represent wage and salary costs for Federal
personnel. Personnel costs were largely centered in the Department of
the Treasury (particularly in FAC, the U.S. Customs Service, and the
Office of the General Counsel), the Department of State, the U.S. Coast
Guard, and the Department of Commerce.
12. I am committed to the restoration of democracy in Haiti and
determined to see that Haiti and the Haitian people resume their
rightful place in our hemispheric community of democracies. Active U.S.
support for United Nations/OAS efforts to resolve the Haitian crisis
has led to the maintenance and enforcement of sweeping economic
sanctions. Our diplomatic efforts complementing these sanctions are
designed to encourage and facilitate participation by all legitimate
Haitian political elements in a broad-based political process that will
bring about the fulfillment of the undertakings they made in the
Governors Island Agreement so that Haitian democracy can be restored
and President Aristide can return to Haiti. Such a political process
will enable the lifting of sanctions and the start of Haiti's economic
reconstruction and national reconciliation. The United States will
continue to play a leadership role in the international community's
program of support and assistance for the restoration of democracy and
return of President Aristide to Haiti.
I will continue to report periodically to the Congress on significant
developments pursuant to 50 U.S.C. 1703(c).
William J. Clinton.
The White House, April 25, 1994.
The message, together with the accompanying papers, was referred to
the Committee on Foreign Affairs and ordered to be printed (H. Doc.
103-246).
Para. 39.10 adjournment over
On motion of Mr. MONTGOMERY, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 12
o'clock noon on Thursday, April 28, 1994.
Para. 39.11 employment level in va medical centers
Mr. MONTGOMERY moved to suspend the rules and pass the bill (H.R.
4013) to amend title 38, United States Code, to provide the Secretary of
Veterans Affairs with necessary flexibility in staffing the Veterans
Health Administration, to authorize the Secretary to establish pilot
programs for health care delivery, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. KREIDLER, recognized Mr. MONTGOMERY and
Mr. EVERETT, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. KREIDLER, announced that two-thirds
[[Page 708]]
of the Members present had voted in the affirmative.
Mr. PENNY objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. KREIDLER, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Thursday, April 28, 1994, pursuant to the prior announcement of the
Chair.
The point of no quorum was considered as withdrawn.
Para. 39.12 marine mammal protection act amendments
Mr. STUDDS moved to suspend the rules and agree to the following
resolution (H. Res. 412):
Resolved, That upon the adoption of this resolution the
bill (S. 1636), entitled ``An Act to authorize appropriations
for the Marine Mammal Protection Act of 1972 and to improve
the program to reduce the incidental taking of marine mammals
during the course of commercial fishing operations, and for
other purposes'', with the Senate amendment to the House
amendment thereto, shall be considered to have been taken
from the Speaker's table to the end that the Senate amendment
thereto be, and the same is hereby, agreed to with an
amendment as follows:
In lieu of the matter proposed to be inserted by the
amendment of the Senate, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marine Mammal Protection Act
Amendments of 1994''.
SEC. 2. AMENDMENT OF MARINE MAMMAL PROTECTION ACT OF 1972.
(a) References.--Except as otherwise expressly provided,
whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a
section or other provision of the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1361 et seq.).
(b) Relationship to Other Law.--Except as otherwise
expressly provided, nothing in this Act is intended to amend,
repeal, or otherwise affect any other provision of law.
SEC. 3. FINDINGS AND DECLARATION OF POLICY.
Section 2 (16 U.S.C. 1361) is amended--
(1) in paragraph (2) by inserting ``essential habitats,
including'' after ``made to protect''; and
(2) in paragraph (5) in the matter following subparagraph
(B) by inserting ``and their habitats'' before ``is therefore
necessary''.
SEC. 4. MORATORIUM AND EXCEPTIONS.
(a) In General.--Section 101(a) (16 U.S.C. 1371(a)) is
amended--
(1) by amending paragraph (1) to read as follows:
``(1) Consistent with the provisions of section 104,
permits may be issued by the Secretary for taking, and
importation for purposes of scientific research, public
display, photography for educational or commercial purposes,
or enhancing the survival or recovery of a species or stock,
or for importation of polar bear parts (other than internal
organs) taken in sport hunts in Canada. Such permits, except
permits issued under section 104(c)(5), may be issued if the
taking or importation proposed to be made is first reviewed
by the Marine Mammal Commission and the Committee of
Scientific Advisors on Marine Mammals established under title
II. The Commission and Committee shall recommend any proposed
taking or importation, other than importation under section
104(c)(5), which is consistent with the purposes and policies
of section 2 of this Act. If the Secretary issues such a
permit for importation, the Secretary shall issue to the
importer concerned a certificate to that effect in such form
as the Secretary of the Treasury prescribes, and such
importation may be made upon presentation of the certificate
to the customs officer concerned.'';
(2) in paragraph (2) in the first sentence, by inserting
before the period at the end the following: ``, or in lieu of
such permits, authorizations may be granted therefor under
section 118, subject to regulations prescribed under that
section by the Secretary without regard to section 103'';
(3) in paragraph (3)(B)--
(A) by inserting ``, photography for educational or
commercial purposes,'' after ``purposes''; and
(B) by inserting ``or as provided for under paragraph (5)
of this subsection,'' after ``subsection,'';
(4) by amending paragraph (4) to read as follows:
``(4)(A) Except as provided in subparagraphs (B) and (C),
the provisions of this Act shall not apply to the use of
measures--
``(i) by the owner of fishing gear or catch, or an employee
or agent of such owner, to deter a marine mammal from
damaging the gear or catch;
``(ii) by the owner of other private property, or an agent,
bailee, or employee of such owner, to deter a marine mammal
from damaging private property;
``(iii) by any person, to deter a marine mammal from
endangering personal safety; or
``(iv) by a government employee, to deter a marine mammal
from damaging public property,
so long as such measures do not result in the death or
serious injury of a marine mammal.
``(B) The Secretary shall, through consultation with
appropriate experts, and after notice and opportunity for
public comment, publish in the Federal Register a list of
guidelines for use in safely deterring marine mammals. In the
case of marine mammals listed as endangered species or
threatened species under the Endangered Species Act of 1973,
the Secretary shall recommend specific measures which may be
used to nonlethally deter marine mammals. Actions to deter
marine mammals consistent with such guidelines or specific
measures shall not be a violation of this Act.
``(C) If the Secretary determines, using the best
scientific information available, that certain forms of
deterrence have a significant adverse effect on marine
mammals, the Secretary may prohibit such deterrent methods,
after notice and opportunity for public comment, through
regulation under this Act.
``(D) The authority to deter marine mammals pursuant to
subparagraph (A) applies to all marine mammals, including all
stocks designated as depleted under this Act.'';
(5) in paragraph (5) by adding at the end the following new
subparagraphs:
``(D)(i) Upon request therefor by citizens of the United
States who engage in a specified activity (other than
commercial fishing) within a specific geographic region, the
Secretary shall authorize, for periods of not more than 1
year, subject to such conditions as the Secretary may
specify, the incidental, but not intentional, taking by
harassment of small numbers of marine mammals of a species or
population stock by such citizens while engaging in that
activity within that region if the Secretary finds that such
harassment during each period concerned--
``(I) will have a negligible impact on such species or
stock, and
``(II) will not have an unmitigable adverse impact on the
availability of such species or stock for taking for
subsistence uses pursuant to subsection (b), or section
109(f) or pursuant to a cooperative agreement under section
119.
``(ii) The authorization for such activity shall prescribe,
where applicable--
``(I) permissible methods of taking by harassment pursuant
to such activity, and other means of effecting the least
practicable impact on such species or stock and its habitat,
paying particular attention to rookeries, mating grounds, and
areas of similar significance, and on the availability of
such species or stock for taking for subsistence uses
pursuant to subsection (b) or section 109(f) or pursuant to a
cooperative agreement under section 119,
``(II) the measures that the Secretary determines are
necessary to ensure no unmitigable adverse impact on the
availability of the species or stock for taking for
subsistence uses pursuant to subsection (b) or section 109(f)
or pursuant to a cooperative agreement under section 119, and
``(III) requirements pertaining to the monitoring and
reporting of such taking by harassment, including
requirements for the independent peer review of proposed
monitoring plans or other research proposals where the
proposed activity may affect the availability of a species or
stock for taking for subsistence uses pursuant to subsection
(b) or section 109(f) or pursuant to a cooperative agreement
under section 119.
``(iii) The Secretary shall publish a proposed
authorization not later than 45 days after receiving an
application under this subparagraph and request public
comment through notice in the Federal Register, newspapers of
general circulation, and appropriate electronic media and to
all locally affected communities for a period of 30 days
after publication. Not later than 45 days after the close of
the public comment period, if the Secretary makes the
findings set forth in clause (i), the Secretary shall issue
an authorization with appropriate conditions to meet the
requirements of clause (ii).
``(iv) The Secretary shall modify, suspend, or revoke an
authorization if the Secretary finds that the provisions of
clauses (i) or (ii) are not being met.
``(v) A person conducting an activity for which an
authorization has been granted under this subparagraph shall
not be subject to the penalties of this Act for taking by
harassment that occurs in compliance with such authorization.
``(E)(i) During any period of up to 3 consecutive years,
the Secretary shall allow the incidental, but not the
intentional, taking by persons using vessels of the United
States or vessels which have valid fishing permits issued by
the Secretary in accordance with section 204(b) of the
Magnuson Fishery Conservation and Management Act (16 U.S.C.
1824(b)), while engaging in commercial fishing operations, of
marine mammals from a species or stock designated as depleted
because of its listing as an endangered species or threatened
species under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) if the Secretary, after notice and opportunity
for public comment, determines that--
``(I) the incidental mortality and serious injury from
commercial fisheries will have a negligible impact on such
species or stock;
``(II) a recovery plan has been developed or is being
developed for such species or stock pursuant to the
Endangered Species Act of 1973; and
``(III) where required under section 118, a monitoring
program is established under subsection (d) of such section,
vessels engaged in such fisheries are registered in
accordance with such section, and a take reduction plan has
been developed or is being developed for such species or
stock.
``(ii) Upon a determination by the Secretary that the
requirements of clause (i)
[[Page 709]]
have been met, the Secretary shall publish in the Federal
Register a list of those fisheries for which such
determination was made, and, for vessels required to register
under section 118, shall issue an appropriate permit for each
authorization granted under such section to vessels to which
this paragraph applies. Vessels engaged in a fishery included
in the notice published by the Secretary under this clause
which are not required to register under section 118 shall
not be subject to the penalties of this Act for the
incidental taking of marine mammals to which this paragraph
applies, so long as the owner or master of such vessel
reports any incidental mortality or injury of such marine
mammals to the Secretary in accordance with section 118.
``(iii) If, during the course of the commercial fishing
season, the Secretary determines that the level of incidental
mortality or serious injury from commercial fisheries for
which a determination was made under clause (i) has resulted
or is likely to result in an impact that is more than
negligible on the endangered or threatened species or stock,
the Secretary shall use the emergency authority granted under
section 118 to protect such species or stock, and may modify
any permit granted under this paragraph as necessary.
``(iv) The Secretary may suspend for a time certain or
revoke a permit granted under this subparagraph only if the
Secretary determines that the conditions or limitations set
forth in such permit are not being complied with. The
Secretary may amend or modify, after notice and opportunity
for public comment, the list of fisheries published under
clause (ii) whenever the Secretary determines there has been
a significant change in the information or conditions used to
determine such list.
``(v) Sections 103 and 104 shall not apply to the taking of
marine mammals under the authority of this subparagraph.
``(vi) This subparagraph shall not govern the incidental
taking of California sea otters and shall not be deemed to
amend or repeal the Act of November 7, 1986 (Public Law 99-
625; 100 Stat. 3500).''; and
(6) by adding at the end the following new paragraph:
``(6)(A) A marine mammal product may be imported into the
United States if the product--
``(i) was legally possessed and exported by any citizen of
the United States in conjunction with travel outside the
United States, provided that the product is imported into the
United States by the same person upon the termination of
travel;
``(ii) was acquired outside of the United States as part of
a cultural exchange by an Indian, Aleut, or Eskimo residing
in Alaska; or
``(iii) is owned by a Native inhabitant of Russia, Canada,
or Greenland and is imported for noncommercial purposes in
conjunction with travel within the United States or as part
of a cultural exchange with an Indian, Aleut, or Eskimo
residing in Alaska.
``(B) For the purposes of this paragraph, the term--
``(i) `Native inhabitant of Russia, Canada, or Greenland'
means a person residing in Russia, Canada, or Greenland who
is related by blood, is a member of the same clan or
ethnological grouping, or shares a common heritage with an
Indian, Aleut, or Eskimo residing in Alaska; and
``(ii) `cultural exchange' means the sharing or exchange of
ideas, information, gifts, clothing, or handicrafts between
an Indian, Aleut, or Eskimo residing in Alaska and a Native
inhabitant of Russia, Canada, or Greenland, including
rendering of raw marine mammal parts as part of such exchange
into clothing or handicrafts through carving, painting,
sewing, or decorating.''.
(b) Actions Affecting Section 101(b).--Section 101(b) (16
U.S.C. 1371(b)) is amended by adding at the end the following
new sentences: ``In promulgating any regulation or making any
assessment pursuant to a hearing or proceeding under this
subsection or section 117(b)(2), or in making any
determination of depletion under this subsection or finding
regarding unmitigable adverse impacts under subsection (a)(5)
that affects stocks or persons to which this subsection
applies, the Secretary shall be responsible for demonstrating
that such regulation, assessment, determination, or finding
is supported by substantial evidence on the basis of the
record as a whole. The preceding sentence shall only be
applicable in an action brought by one or more Alaska Native
organizations representing persons to which this subsection
applies.''.
(c) Taking in Defense of Self or Others.--Section 101(c)
(16 U.S.C. 1371(c)) is amended to read as follows:
``(c) It shall not be a violation of this Act to take a
marine mammal if such taking is imminently necessary in self-
defense or to save the life of a person in immediate danger,
and such taking is reported to the Secretary within 48 hours.
The Secretary may seize and dispose of any carcass.''.
SEC. 5. PERMITS.
(a) Prohibitions.--Section 102(a) (16 U.S.C. 1372(a)) is
amended--
(1) in paragraph (2)(B) by striking ``for any purpose in
any way connected with the taking or importation of'' and
inserting ``to take or import''; and
(2) in paragraph (4) by--
(A) striking ``or offer to purchase or sell'' and inserting
``export, or offer to purchase, sell, or export'';
(B) striking ``product; and'' and inserting ``product--'';
and
(C) inserting after and below the text of the paragraph the
following:
``(A) that is taken in violation of this Act; or
``(B) for any purpose other than public display, scientific
research, or enhancing the survival of a species or stock as
provided for under subsection 104(c); and''.
(b) Permits.--Section 104 (16 U.S.C. 1374) is amended--
(1) in subsection (a) by adding at the end the following:
``Permits for the incidental taking of marine mammals in the
course of commercial fishing operations may only be issued as
specifically provided for in sections 101(a)(5) or 306, or
subsection (h) of this section.'';
(2) in subsection (c)--
(A) in paragraph (1) in the first sentence by striking
``and after'';
(B) by amending paragraph (2) to read as follows:
``(2)(A) A permit may be issued to take or import a marine
mammal for the purpose of public display only to a person
which the Secretary determines--
``(i) offers a program for education or conservation
purposes that is based on professionally recognized standards
of the public display community;
``(ii) is registered or holds a license issued under 7
U.S.C. 2131 et seq.; and
``(iii) maintains facilities for the public display of
marine mammals that are open to the public on a regularly
scheduled basis and that access to such facilities is not
limited or restricted other than by charging of an admission
fee.
``(B) A permit under this paragraph shall grant to the
person to which it is issued the right, without obtaining any
additional permit or authorization under this Act, to--
``(i) take, import, purchase, offer to purchase, possess,
or transport the marine mammal that is the subject of the
permit; and
``(ii) sell, export, or otherwise transfer possession of
the marine mammal, or offer to sell, export, or otherwise
transfer possession of the marine mammal--
``(I) for the purpose of public display, to a person that
meets the requirements of clauses (i), (ii), and (iii) of
subparagraph (A);
``(II) for the purpose of scientific research, to a person
that meets the requirements of paragraph (3); or
``(III) for the purpose of enhancing the survival or
recovery of a species or stock, to a person that meets the
requirements of paragraph (4).
``(C) A person to which a marine mammal is sold or exported
or to which possession of a marine mammal is otherwise
transferred under the authority of subparagraph (B) shall
have the rights and responsibilities described in
subparagraph (B) with respect to the marine mammal without
obtaining any additional permit or authorization under this
Act. Such responsibilities shall be limited to--
``(i) for the purpose of public display, the responsibility
to meet the requirements of clauses (i), (ii), and (iii) of
subparagraph (A),
``(ii) for the purpose of scientific research, the
responsibility to meet the requirements of paragraph (3), and
``(iii) for the purpose of enhancing the survival or
recovery of a species or stock, the responsibility to meet
the requirements of paragraph (4).
``(D) If the Secretary--
``(i) finds in concurrence with the Secretary of
Agriculture, that a person that holds a permit under this
paragraph for a marine mammal, or a person exercising rights
under subparagraph (C), no longer meets the requirements of
subparagraph (A)(ii) and is not reasonably likely to meet
those requirements in the near future, or
``(ii) finds that a person that holds a permit under this
paragraph for a marine mammal, or a person exercising rights
under subparagraph (C), no longer meets the requirements of
subparagraph (A) (i) or (iii) and is not reasonably likely to
meet those requirements in the near future,
the Secretary may revoke the permit in accordance with
section 104(e), seize the marine mammal, or cooperate with
other persons authorized to hold marine mammals under this
Act for disposition of the marine mammal. The Secretary may
recover from the person expenses incurred by the Secretary
for that seizure.
``(E) No marine mammal held pursuant to a permit issued
under subparagraph (A), or by a person exercising rights
under subparagraph (C), may be sold, purchased, exported, or
transported unless the Secretary is notified of such action
no later than 15 days before such action, and such action is
for purposes of public display, scientific research, or
enhancing the survival or recovery of a species or stock. The
Secretary may only require the notification to include the
information required for the inventory established under
paragraph (10).'';
(C) by amending paragraph (3) to read as follows:
``(3)(A) The Secretary may issue a permit under this
paragraph for scientific research purposes to an applicant
which submits with its permit application information
indicating that the taking is required to further a bona fide
scientific purpose. The Secretary may issue a permit under
this paragraph before the end of the public review and
comment period required under subsection (d)(2) if delaying
issuance of the permit could result in injury to a species,
stock, or individ-
[[Page 710]]
ual, or in loss of unique research opportunities.
``(B) No permit issued for purposes of scientific research
shall authorize the lethal taking of a marine mammal unless
the applicant demonstrates that a nonlethal method of
conducting the research is not feasible. The Secretary shall
not issue a permit for research which involves the lethal
taking of a marine mammal from a species or stock that is
depleted, unless the Secretary determines that the results of
such research will directly benefit that species or stock, or
that such research fulfills a critically important research
need.
``(C) Not later than 120 days after the date of enactment
of the Marine Mammal Protection Act Amendments of 1994, the
Secretary shall issue a general authorization and
implementing regulations allowing bona fide scientific
research that may result only in taking by Level B harassment
of a marine mammal. Such authorization shall apply to persons
which submit, by 60 days before commencement of such
research, a letter of intent via certified mail to the
Secretary containing the following:
``(i) The species or stocks of marine mammals which may be
harassed.
``(ii) The geographic location of the research.
``(iii) The period of time over which the research will be
conducted.
``(iv) The purpose of the research, including a description
of how the definition of bona fide research as established
under this Act would apply.
``(v) Methods to be used to conduct the research.
Not later than 30 days after receipt of a letter of intent to
conduct scientific research under the general authorization,
the Secretary shall issue a letter to the applicant
confirming that the general authorization applies, or, if the
proposed research is likely to result in the taking
(including Level A harassment) of a marine mammal, shall
notify the applicant that subparagraph (A) applies.''; and
(D) by adding at the end the following new paragraphs:
``(5)(A) The Secretary may issue a permit for the
importation of polar bear parts (other than internal organs)
taken in sport hunts in Canada, including polar bears taken
but not imported prior to the date of enactment of the Marine
Mammal Protection Act Amendments of 1994, to an applicant
which submits with its permit application proof that the
polar bear was legally harvested in Canada by the applicant.
Such a permit shall be issued if the Secretary, in
consultation with the Marine Mammal Commission and after
notice and opportunity for public comment, finds that--
``(i) Canada has a monitored and enforced sport hunting
program consistent with the purposes of the Agreement on the
Conservation of Polar Bears;
``(ii) Canada has a sport hunting program based on
scientifically sound quotas ensuring the maintenance of the
affected population stock at a sustainable level;
``(iii) the export and subsequent import are consistent
with the provisions of the Convention on International Trade
in Endangered Species of Wild Fauna and Flora and other
international agreements and conventions; and
``(iv) the export and subsequent import are not likely to
contribute to illegal trade in bear parts.
``(B) The Secretary shall establish and charge a reasonable
fee for permits issued under this paragraph. All fees
collected under this paragraph shall be available to the
Secretary for use in developing and implementing cooperative
research and management programs for the conservation of
polar bears in Alaska and Russia pursuant to section 113(d).
``(C)(i) The Secretary shall undertake a scientific review
of the impact of permits issued under this paragraph on the
polar bear population stocks in Canada within 2 years after
the date of enactment of this paragraph. The Secretary shall
provide an opportunity for public comment during the course
of such review, and shall include a response to such public
comment in the final report on such review.
``(ii) The Secretary shall not issue permits under this
paragraph after September 30, 1996, if the Secretary
determines, based on the scientific review, that the issuance
of permits under this paragraph is having a significant
adverse impact on the polar bear population stocks in Canada.
The Secretary may review such determination annually
thereafter, in light of the best scientific information
available, and shall complete the review not later than
January 31 in any year a review is undertaken. The Secretary
may issue permits under this paragraph whenever the Secretary
determines, on the basis of such annual review, that the
issuance of permits under this paragraph is not having a
significant adverse impact on the polar bear population
stocks in Canada.
``(6) A permit may be issued for photography for
educational or commercial purposes involving marine mammals
in the wild only to an applicant which submits with its
permit application information indicating that the taking
will be limited to Level B harassment, and the manner in
which the products of such activities will be made available
to the public.
``(7) Upon request by a person for a permit under paragraph
(2), (3), or (4) for a marine mammal which is in the
possession of any person authorized to possess it under this
Act and which is determined under guidance under section
402(a) not to be releasable to the wild, the Secretary shall
issue the permit to the person requesting the permit if that
person--
``(A) meets the requirements of clauses (i), (ii), and
(iii) of paragraph (2)(A), in the case of a request for a
permit under paragraph (2);
``(B) meets the requirements of paragraph (3), in the case
of a request for a permit under that paragraph; or
``(C) meets the requirements of paragraph (4), in the case
of a request for a permit under that paragraph.
``(8)(A) No additional permit or authorization shall be
required to possess, sell, purchase, transport, export, or
offer to sell or purchase the progeny of marine mammals taken
or imported under this subsection, if such possession, sale,
purchase, transport, export, or offer to sell or purchase
is--
``(i) for the purpose of public display, and by or to,
respectively, a person which meets the requirements of
clauses (i), (ii), and (iii) of paragraph (2)(A);
``(ii) for the purpose of scientific research, and by or
to, respectively, a person which meets the requirements of
paragraph (3); or
``(iii) for the purpose of enhancing the survival or
recovery of a species or stock, and by or to, respectively, a
person which meets the requirements of paragraph (4).
``(B)(i) A person which has a permit under paragraph (2),
or a person exercising rights under paragraph (2)(C), which
has possession of a marine mammal that gives birth to progeny
shall--
``(I) notify the Secretary of the birth of such progeny
within 30 days after the date of birth; and
``(II) notify the Secretary of the sale, purchase, or
transport of such progeny no later than 15 days before such
action.
``(ii) The Secretary may only require notification under
clause (i) to include the information required for the
inventory established under paragraph (10).
``(C) Any progeny of a marine mammal born in captivity
before the date of the enactment of the Marine Mammal
Protection Act Amendments of 1994 and held in captivity for
the purpose of public display shall be treated as though born
after that date of enactment.
``(9) No marine mammal may be exported for the purpose of
public display, scientific research, or enhancing the
survival or recovery of a species or stock unless the
receiving facility meets standards that are comparable to the
requirements that a person must meet to receive a permit
under this subsection for that purpose.
``(10) The Secretary shall establish and maintain an
inventory of all marine mammals possessed pursuant to permits
issued under paragraph (2)(A), by persons exercising rights
under paragraph (2)(C), and all progeny of such marine
mammals. The inventory shall contain, for each marine mammal,
only the following information which shall be provided by a
person holding a marine mammal under this Act:
``(A) The name of the marine mammal or other
identification.
``(B) The sex of the marine mammal.
``(C) The estimated or actual birth date of the marine
mammal.
``(D) The date of acquisition or disposition of the marine
mammal by the permit holder.
``(E) The source from whom the marine mammal was acquired
including the location of the take from the wild, if
applicable.
``(F) If the marine mammal is transferred, the name of the
recipient.
``(G) A notation if the animal was acquired as the result
of a stranding.
``(H) The date of death of the marine mammal and the cause
of death when determined.''; and
(3) in subsection (e)(1) by--
(A) striking ``or'' at the end of subparagraph (A);
(B) striking the period at the end of subparagraph (B) and
inserting ``, or''; and
(C) adding at the end the following new subparagraph:
``(C) if, in the case of a permit under subsection (c)(5)
authorizing importation of polar bear parts, the Secretary,
in consultation with the appropriate authority in Canada,
determines that the sustainability of Canada's polar bear
population stocks are being adversely affected or that sport
hunting may be having a detrimental effect on maintaining
polar bear population stocks throughout their range.''.
(c) Existing Permits.--Any permit issued under section
104(c)(2) of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1374(c)(2)) before the date of the enactment of this
Act is hereby modified to be consistent with that section as
amended by this Act.
SEC. 6. PURPOSE AND USE OF THE FUND.
Section 405 (16 U.S.C. 1421d), as so redesignated by this
Act, is amended--
(1) in subsection (b)(1)(A)--
(A) by striking ``and'' at the end of clause (i); and
(B) by inserting at the end the following new clause:
``(iii) for care and maintenance of marine mammal seized
under section 104(c)(2)(D); and''; and
(2) in subsection (d) by inserting after ``For purposes of
carrying out this title'' the following: ``and section
104(c)(2)(D)''.
SEC. 7. REGULATIONS AND ADMINISTRATION; APPLICATION TO OTHER
TREATIES AND CONVENTIONS.
(a) Measures for Impacts on Strategic Stocks.--Section 112
(16 U.S.C. 1382) is amended by adding at the end the
following new subsection:
[[Page 711]]
``(e) If the Secretary determines, based on a stock
assessment under section 117 or other significant new
information obtained under this Act, that impacts on
rookeries, mating grounds, or other areas of similar
ecological significance to marine mammals may be causing the
decline or impeding the recovery of a strategic stock, the
Secretary may develop and implement conservation or
management measures to alleviate those impacts. Such measures
shall be developed and implemented after consultation with
the Marine Mammal Commission and the appropriate Federal
agencies and after notice and opportunity for public
comment.''.
(b) International Polar Bear Conservation.--Section 113 (16
U.S.C. 1383) is amended by--
(1) designating the existing paragraph as subsection (a);
and
(2) adding at the end the following new subsections:
``(b) Not later than 1 year after the date of enactment of
the Marine Mammal Protection Act Amendments of 1994, the
Secretary of the Interior shall, in consultation with the
contracting parties, initiate a review of the effectiveness
of the Agreement on the Conservation of Polar Bears, as
provided for in Article IX of the Agreement, and establish a
process by which future reviews shall be conducted.
``(c) The Secretary of the Interior, in consultation with
the Secretary of State and the Marine Mammal Commission,
shall review the effectiveness of United States
implementation of the Agreement on the Conservation of Polar
Bears, particularly with respect to the habitat protection
mandates contained in Article II. The Secretary shall report
the results of this review to the Committee on Merchant
Marine and Fisheries of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate not later than April 1, 1995.
``(d) Not later than 6 months after the date of enactment
of the Marine Mammal Protection Act Amendments of 1994, the
Secretary of the Interior, acting through the Secretary of
State and in consultation with the Marine Mammal Commission
and the State of Alaska, shall consult with the appropriate
officials of the Russian Federation on the development and
implementation of enhanced cooperative research and
management programs for the conservation of polar bears in
Alaska and Russia. The Secretary shall report the results of
this consultation and provide periodic progress reports on
the research and management programs to the Committee on
Merchant Marine and Fisheries of the House of Representatives
and the Committee on Commerce, Science and Transportation of
the Senate.''.
SEC. 8. CONSERVATION PLANS.
Section 115(b) (16 U.S.C. 1383b(b)) is amended by adding at
the end the following new paragraph:
``(4) If the Secretary determines that a take reduction
plan is necessary to reduce the incidental taking of marine
mammals in the course of commercial fishing operations from a
strategic stock, or for species or stocks which interact with
a commercial fishery for which the Secretary has made a
determination under section 118(f)(1), any conservation plan
prepared under this subsection for such species or stock
shall incorporate the take reduction plan required under
section 118 for such species or stock.''.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) Departments of Commerce and the Interior.--Section 116
is amended to read as follows:
``SEC. 116. AUTHORIZATION OF APPROPRIATIONS.
``(a) Department of Commerce.--(1) There are authorized to
be appropriated to the Department of Commerce, for purposes
of carrying out its functions and responsibilities under this
title (other than sections 117 and 118) and title IV,
$12,138,000 for fiscal year 1994, $12,623,000 for fiscal year
1995, $13,128,000 for fiscal year 1996, $13,653,000 for
fiscal year 1997, $14,200,000 for fiscal year 1998, and
$14,768,000 for fiscal year 1999.
``(2) There are authorized to be appropriated to the
Department of Commerce, for purposes of carrying out sections
117 and 118, $20,000,000 for each of the fiscal years 1994
through 1999.
``(b) Department of the Interior.--There are authorized to
be appropriated to the Department of the Interior, for
purposes of carrying out its functions and responsibilities
under this title, $8,000,000 for fiscal year 1994, $8,600,000
for fiscal year 1995, $9,000,000 for fiscal year 1996,
$9,400,000 for fiscal year 1997, $9,900,000 for fiscal year
1998, and $10,296,000 for fiscal year 1999.''.
(b) Marine Mammal Commission.--Section 207 is amended to
read as follows:
``SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Marine
Mammal Commission, for purposes of carrying out this title,
$1,500,000 for fiscal year 1994, $1,550,000 for fiscal year
1995, $1,600,000 for fiscal year 1996, $1,650,000 for fiscal
year 1997, $1,700,000 for fiscal year 1998, and $1,750,000
for fiscal year 1999.''.
(c) Repeal.--Section 7 of the Act entitled ``An Act to
improve the operation of the Marine Mammal Protection Act of
1972, and for other purposes'', approved October 9, 1981 (16
U.S.C. 1384 and 1407), is repealed.
SEC. 10. STOCK ASSESSMENTS.
Title I (16 U.S.C. 1371 et seq.) is amended by adding at
the end the following new section:
``SEC. 117. STOCK ASSESSMENTS.
``(a) In General.--Not later than August 1, 1994, the
Secretary shall, in consultation with the appropriate
regional scientific review group established under subsection
(d), prepare a draft stock assessment for each marine mammal
stock which occurs in waters under the jurisdiction of the
United States. Each draft stock assessment, based on the best
scientific information available, shall--
``(1) describe the geographic range of the affected stock,
including any seasonal or temporal variation in such range;
``(2) provide for such stock the minimum population
estimate, current and maximum net productivity rates, and
current population trend, including a description of the
information upon which these are based;
``(3) estimate the annual human-caused mortality and
serious injury of the stock by source and, for a strategic
stock, other factors that may be causing a decline or
impeding recovery of the stock, including effects on marine
mammal habitat and prey;
``(4) describe commercial fisheries that interact with the
stock, including--
``(A) the approximate number of vessels actively
participating in each such fishery;
``(B) the estimated level of incidental mortality and
serious injury of the stock by each such fishery on an annual
basis;
``(C) seasonal or area differences in such incidental
mortality or serious injury; and
``(D) the rate, based on the appropriate standard unit of
fishing effort, of such incidental mortality and serious
injury, and an analysis stating whether such level is
insignificant and is approaching a zero mortality and serious
injury rate;
``(5) categorize the status of the stock as one that
either--
``(A) has a level of human-caused mortality and serious
injury that is not likely to cause the stock to be reduced
below its optimum sustainable population; or
``(B) is a strategic stock, with a description of the
reasons therefor; and
``(6) estimate the potential biological removal level for
the stock, describing the information used to calculate it,
including the recovery factor.
``(b) Public Comment.--(1) The Secretary shall publish in
the Federal Register a notice of the availability of a draft
stock assessment or any revision thereof and provide an
opportunity for public review and comment during a period of
90 days. Such notice shall include a summary of the
assessment and a list of the sources of information or
published reports upon which the assessment is based.
``(2) Subsequent to the notice of availability required
under paragraph (1), if requested by a person to which
section 101(b) applies, the Secretary shall conduct a
proceeding on the record prior to publishing a final stock
assessment or any revision thereof for any stock subject to
taking under section 101(b).
``(3) After consideration of the best scientific
information available, the advice of the appropriate regional
scientific review group established under subsection (d), and
the comments of the general public, the Secretary shall
publish in the Federal Register a notice of availability and
a summary of the final stock assessment or any revision
thereof, not later than 90 days after--
``(A) the close of the public comment period on a draft
stock assessment or revision thereof; or
``(B) final action on an agency proceeding pursuant to
paragraph (2).
``(c) Review and Revision.--(1) The Secretary shall review
stock assessments in accordance with this subsection--
``(A) at least annually for stocks which are specified as
strategic stocks;
``(B) at least annually for stocks for which significant
new information is available; and
``(C) at least once every 3 years for all other stocks.
``(2) If the review under paragraph (1) indicates that the
status of the stock has changed or can be more accurately
determined, the Secretary shall revise the stock assessment
in accordance with subsection (b).
``(d) Regional Scientific Review Groups.--(1) Not later
than 60 days after the date of enactment of this section, the
Secretary of Commerce shall, in consultation with the
Secretary of the Interior (with respect to marine mammals
under that Secretary's jurisdiction), the Marine Mammal
Commission, the Governors of affected adjacent coastal
States, regional fishery and wildlife management authorities,
Alaska Native organizations and Indian tribes, and
environmental and fishery groups, establish three independent
regional scientific review groups representing Alaska, the
Pacific Coast (including Hawaii), and the Atlantic Coast
(including the Gulf of Mexico), consisting of individuals
with expertise in marine mammal biology and ecology,
population dynamics and modeling, commercial fishing
technology and practices, and stocks taken under section
101(b). The Secretary of Commerce shall, to the maximum
extent practicable, attempt to achieve a balanced
representation of viewpoints among the individuals on each
regional scientific review group. The regional scientific
review groups shall advise the Secretary on--
``(A) population estimates and the population status and
trends of such stocks;
``(B) uncertainties and research needed regarding stock
separation, abundance, or trends, and factors affecting the
distribution, size, or productivity of the stock;
``(C) uncertainties and research needed regarding the
species, number, ages, gender, and reproductive status of
marine mammals;
``(D) research needed to identify modifications in fishing
gear and practices likely to reduce the incidental mortality
and serious
[[Page 712]]
injury of marine mammals in commercial fishing operations;
``(E) the actual, expected, or potential impacts of habitat
destruction, including marine pollution and natural
environmental change, on specific marine mammal species or
stocks, and for strategic stocks, appropriate conservation or
management measures to alleviate any such impacts; and
``(F) any other issue which the Secretary or the groups
consider appropriate.
``(2) The scientific review groups established under this
subsection shall not be subject to the Federal Advisory
Committee Act (5 App. U.S.C.).
``(3) Members of the scientific review groups shall serve
without compensation, but may be reimbursed by the Secretary,
upon request, for reasonable travel costs and expenses
incurred in performing their obligations.
``(4) The Secretary may appoint or reappoint individuals to
the regional scientific review groups under paragraph (1) as
needed.
``(e) Effect on Section 101(b).--This section shall not
affect or otherwise modify the provisions of section
101(b).''.
SEC. 11. TAKING OF MARINE MAMMALS INCIDENTAL TO COMMERCIAL
FISHING OPERATIONS.
Title I (16 U.S.C. 1371 et seq.), as amended by this Act,
is further amended by adding at the end the following new
section:
``SEC. 118. TAKING OF MARINE MAMMALS INCIDENTAL TO COMMERCIAL
FISHING OPERATIONS.
``(a) In General.--(1) Effective on the date of enactment
of this section, and except as provided in section 114 and in
paragraphs (2), (3), and (4) of this subsection, the
provisions of this section shall govern the incidental taking
of marine mammals in the course of commercial fishing
operations by persons using vessels of the United States or
vessels which have valid fishing permits issued by the
Secretary in accordance with section 204(b) of the Magnuson
Fishery Conservation and Management Act (16 U.S.C. 1824(b)).
In any event it shall be the immediate goal that the
incidental mortality or serious injury of marine mammals
occurring in the course of commercial fishing operations be
reduced to insignificant levels approaching a zero mortality
and serious injury rate within 7 years after the date of
enactment of this section.
``(2) In the case of the incidental taking of marine
mammals from species or stocks designated under this Act as
depleted on the basis of their listing as threatened species
or endangered species under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.), both this section and section
101(a)(5)(E) of this Act shall apply.
``(3) Sections 104(h) and title III, and not this section,
shall govern the taking of marine mammals in the course of
commercial purse seine fishing for yellowfin tuna in the
eastern tropical Pacific Ocean.
``(4) This section shall not govern the incidental taking
of California sea otters and shall not be deemed to amend or
repeal the Act of November 7, 1986 (Public Law 99-625; 100
Stat. 3500).
``(5) Except as provided in section 101(c), the intentional
lethal take of any marine mammal in the course of commercial
fishing operations is prohibited.
``(6) Sections 103 and 104 shall not apply to the
incidental taking of marine mammals under the authority of
this section.
``(b) Zero Mortality Rate Goal.--(1) Commercial fisheries
shall reduce incidental mortality and serious injury of
marine mammals to insignificant levels approaching a zero
mortality and serious injury rate within 7 years after the
date of enactment of this section.
``(2) Fisheries which maintain insignificant serious injury
and mortality levels approaching a zero rate shall not be
required to further reduce their mortality and serious injury
rates.
``(3) Three years after such date of enactment, the
Secretary shall review the progress of all commercial
fisheries, by fishery, toward reducing incidental mortality
and serious injury to insignificant levels approaching a zero
rate. The Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Merchant Marine and Fisheries of the House of
Representatives a report setting forth the results of such
review within 1 year after commencement of the review. The
Secretary shall note any commercial fishery for which
additional information is required to accurately assess the
level of incidental mortality and serious injury of marine
mammals in the fishery.
``(4) If the Secretary determines after review under
paragraph (3) that the rate of incidental mortality and
serious injury of marine mammals in a commercial fishery is
not consistent with paragraph (1), then the Secretary shall
take appropriate action under subsection (f).
``(c) Registration and Authorization.--(1) The Secretary
shall, within 90 days after the date of enactment of this
section--
``(A) publish in the Federal Register for public comment,
for a period of not less than 90 days, any necessary changes
to the Secretary's list of commercial fisheries published
under section 114(b)(1) and which is in existence on March
31, 1994 (along with an explanation of such changes and a
statement describing the marine mammal stocks interacting
with, and the approximate number of vessels or persons
actively involved in, each such fishery), with respect to
commercial fisheries that have--
``(i) frequent incidental mortality and serious injury of
marine mammals;
``(ii) occasional incidental mortality and serious injury
of marine mammals; or
``(iii) a remote likelihood of or no known incidental
mortality or serious injury of marine mammals;
``(B) after the close of the period for such public
comment, publish in the Federal Register a revised list of
commercial fisheries and an update of information required by
subparagraph (A), together with a summary of the provisions
of this section and information sufficient to advise vessel
owners on how to obtain an authorization and otherwise comply
with the requirements of this section; and
``(C) at least once each year thereafter, and at such other
times as the Secretary considers appropriate, reexamine,
based on information gathered under this Act and other
relevant sources and after notice and opportunity for public
comment, the classification of commercial fisheries and other
determinations required under subparagraph (A) and publish in
the Federal Register any necessary changes.
``(2)(A) An authorization shall be granted by the Secretary
in accordance with this section for a vessel engaged in a
commercial fishery listed under paragraph (1)(A) (i) or (ii),
upon receipt by the Secretary of a completed registration
form providing the name of the vessel owner and operator, the
name and description of the vessel, the fisheries in which it
will be engaged, the approximate time, duration, and location
of such fishery operations, and the general type and nature
of use of the fishing gear and techniques used. Such
information shall be in a readily usable format that can be
efficiently entered into and utilized by an automated or
computerized data processing system. A decal or other
physical evidence that the authorization is current and valid
shall be issued by the Secretary at the time an authorization
is granted, and so long as the authorization remains current
and valid, shall be reissued annually thereafter.
``(B) No authorization may be granted under this section to
the owner of a vessel unless such vessel--
``(i) is a vessel of the United States; or
``(ii) has a valid fishing permit issued by the Secretary
in accordance with section 204(b) of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1824(b)).
``(C) Except as provided in subsection (a), an
authorization granted under this section shall allow the
incidental taking of all species and stocks of marine mammals
to which this Act applies.
``(3)(A) An owner of a vessel engaged in any fishery listed
under paragraph (1)(A) (i) or (ii) shall, in order to engage
in the lawful incidental taking of marine mammals in a
commercial fishery--
``(i) have registered as required under paragraph (2) with
the Secretary in order to obtain for each such vessel owned
and used in the fishery an authorization for the purpose of
incidentally taking marine mammals in accordance with this
section, except that owners of vessels holding valid
certificates of exemption under section 114 are deemed to
have registered for purposes of this subsection for the
period during which such exemption is valid;
``(ii) ensure that a decal or such other physical evidence
of a current and valid authorization as the Secretary may
require is displayed on or is in the possession of the master
of each such vessel;
``(iii) report as required by subsection (e); and
``(iv) comply with any applicable take reduction plan and
emergency regulations issued under this section.
``(B) Any owner of a vessel receiving an authorization
under this section for any fishery listed under paragraph
(1)(A) (i) or (ii) shall, as a condition of that
authorization, take on board an observer if requested to do
so by the Secretary.
``(C) An owner of a vessel engaged in a fishery listed
under paragraph (1)(A) (i) or (ii) who--
``(i) fails to obtain from the Secretary an authorization
for such vessel under this section;
``(ii) fails to maintain a current and valid authorization
for such vessel; or
``(iii) fails to ensure that a decal or other physical
evidence of such authorization issued by the Secretary is
displayed on or is in possession of the master of the vessel,
and the master of any such vessel engaged in such fishery,
shall be deemed to have violated this title, and for
violations of clauses (i) and (ii) shall be subject to the
penalties of this title, and for violations of clause (iii)
shall be subject to a fine of not more than $100 for each
offense.
``(D) If the owner of a vessel has obtained and maintains a
current and valid authorization from the Secretary under this
section and meets the requirements set forth in this section,
including compliance with any regulations to implement a take
reduction plan under this section, the owner of such vessel,
and the master and crew members of the vessel, shall not be
subject to the penalties set forth in this title for the
incidental taking of marine mammals while such vessel is
engaged in a fishery to which the authorization applies.
``(E) Each owner of a vessel engaged in any fishery not
listed under paragraph (1)(A) (i) or (ii), and the master and
crew members of such a vessel, shall not be subject to the
penalties set forth in this title for the incidental taking
of marine mammals if such owner reports to the Secretary, in
the form and manner required under subsection (e), instances
of incidental mortality or injury of marine mammals in the
course of that fishery.
[[Page 713]]
``(4)(A) The Secretary shall suspend or revoke an
authorization granted under this section and shall not issue
a decal or other physical evidence of the authorization for
any vessel until the owner of such vessel complies with the
reporting requirements under subsection (e) and such
requirements to take on board an observer under paragraph
(3)(B) as are applicable to such vessel. Previous failure to
comply with the requirements of section 114 shall not bar
authorization under this section for an owner who complies
with the requirements of this section.
``(B) The Secretary may suspend or revoke an authorization
granted under this subsection, and may not issue a decal or
other physical evidence of the authorization for any vessel
which fails to comply with a take reduction plan or emergency
regulations issued under this section.
``(C) The owner and master of a vessel which fails to
comply with a take reduction plan shall be subject to the
penalties of sections 105 and 107, and may be subject to
section 106.
``(5)(A) The Secretary shall develop, in consultation with
the appropriate States, affected Regional Fishery Management
Councils, and other interested persons, the means by which
the granting and administration of authorizations under this
section shall be integrated and coordinated, to the maximum
extent practicable, with existing fishery licenses,
registrations, and related programs.
``(B) The Secretary shall utilize newspapers of general
circulation, fishery trade associations, electronic media,
and other means of advising commercial fishermen of the
provisions of this section and the means by which they can
comply with its requirements.
``(C) The Secretary is authorized to charge a fee for the
granting of an authorization under this section. The level of
fees charged under this subparagraph shall not exceed the
administrative costs incurred in granting an authorization.
Fees collected under this subparagraph shall be available to
the Under Secretary of Commerce for Oceans and Atmosphere for
expenses incurred in the granting and administration of
authorizations under this section.
``(d) Monitoring of Incidental Takes.--(1) The Secretary
shall establish a program to monitor incidental mortality and
serious injury of marine mammals during the course of
commercial fishing operations. The purposes of the monitoring
program shall be to--
``(A) obtain statistically reliable estimates of incidental
mortality and serious injury;
``(B) determine the reliability of reports of incidental
mortality and serious injury under subsection (e); and
``(C) identify changes in fishing methods or technology
that may increase or decrease incidental mortality and
serious injury.
``(2) Pursuant to paragraph (1), the Secretary may place
observers on board vessels as necessary, subject to the
provisions of this section. Observers may, among other
tasks--
``(A) record incidental mortality and injury, or by catch
of other nontarget species;
``(B) record numbers of marine mammals sighted; and
``(C) perform other scientific investigations.
``(3) In determining the distribution of observers among
commercial fisheries and vessels within a fishery, the
Secretary shall be guided by the following standards:
``(A) The requirement to obtain statistically reliable
information.
``(B) The requirement that assignment of observers is fair
and equitable among fisheries and among vessels in a fishery.
``(C) The requirement that no individual person or vessel,
or group of persons or vessels, be subject to excessive or
overly burdensome observer coverage.
``(D) To the extent practicable, the need to minimize costs
and avoid duplication.
``(4) To the extent practicable, the Secretary shall
allocate observers among commercial fisheries in accordance
with the following priority:
``(A) The highest priority for allocation shall be for
commercial fisheries that have incidental mortality or
serious injury of marine mammals from stocks listed as
endangered species or threatened species under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
``(B) The second highest priority for allocation shall be
for commercial fisheries that have incidental mortality and
serious injury of marine mammals from strategic stocks.
``(C) The third highest priority for allocation shall be
for commercial fisheries that have incidental mortality or
serious injury of marine mammals from stocks for which the
level of incidental mortality and serious injury is
uncertain.
``(5) The Secretary may establish an alternative observer
program to provide statistically reliable information on the
species and number of marine mammals incidentally taken in
the course of commercial fishing operations. The alternative
observer program may include direct observation of fishing
activities from vessels, airplanes, or points on shore.
``(6) The Secretary is not required to place an observer on
a vessel in a fishery if the Secretary finds that--
``(A) in a situation in which harvesting vessels are
delivering fish to a processing vessel and the catch is not
taken on board the harvesting vessel, statistically reliable
information can be obtained from an observer on board the
processing vessel to which the fish are delivered;
``(B) the facilities on a vessel for quartering of an
observer, or for carrying out observer functions, are so
inadequate or unsafe that the health or safety of the
observer or the safe operation of the vessel would be
jeopardized; or
``(C) for reasons beyond the control of the Secretary, an
observer is not available.
``(7) The Secretary may, with the consent of the vessel
owner, station an observer on board a vessel engaged in a
fishery not listed under subsection (c)(1)(A) (i) or (ii).
``(8) Any proprietary information collected under this
subsection shall be confidential and shall not be disclosed
except--
``(A) to Federal employees whose duties require access to
such information;
``(B) to State or tribal employees pursuant to an agreement
with the Secretary that prevents public disclosure of the
identity or business of any person;
``(C) when required by court order; or
``(D) in the case of scientific information involving
fisheries, to employees of Regional Fishery Management
Councils who are responsible for fishery management plan
development and monitoring.
``(9) The Secretary shall prescribe such procedures as may
be necessary to preserve such confidentiality, except that
the Secretary shall release or make public upon request any
such information in aggregate, summary, or other form which
does not directly or indirectly disclose the identity or
business of any person.
``(e) Reporting Requirement.--The owner or operator of a
commercial fishing vessel subject to this Act shall report
all incidental mortality and injury of marine mammals in the
course of commercial fishing operations to the Secretary by
mail or other means acceptable to the Secretary within 48
hours after the end of each fishing trip on a standard
postage-paid form to be developed by the Secretary under this
section. Such form shall be capable of being readily entered
into and usable by an automated or computerized data
processing system and shall require the vessel owner or
operator to provide the following:
``(1) The vessel name, and Federal, State, or tribal
registration numbers of the registered vessel.
``(2) The name and address of the vessel owner or operator.
``(3) The name and description of the fishery.
``(4) The species of each marine mammal incidentally killed
or injured, and the date, time, and approximate geographic
location of such occurrence.
``(f) Take Reduction Plans.--(1) The Secretary shall
develop and implement a take reduction plan designed to
assist in the recovery or prevent the depletion of each
strategic stock which interacts with a commercial fishery
listed under subsection (c)(1)(A) (i) or (ii), and may
develop and implement such a plan for any other marine mammal
stocks which interact with a commercial fishery listed under
subsection (c)(1)(A)(i) which the Secretary determines, after
notice and opportunity for public comment, has a high level
of mortality and serious injury across a number of such
marine mammal stocks.
``(2) The immediate goal of a take reduction plan for a
strategic stock shall be to reduce, within 6 months of its
implementation, the incidental mortality or serious injury of
marine mammals incidentally taken in the course of commercial
fishing operations to levels less than the potential
biological removal level established for that stock under
section 117. The long-term goal of the plan shall be to
reduce, within 5 years of its implementation, the incidental
mortality or serious injury of marine mammals incidentally
taken in the course of commercial fishing operations to
insignificant levels approaching a zero mortality and serious
injury rate, taking into account the economics of the
fishery, the availability of existing technology, and
existing State or regional fishery management plans.
``(3) If there is insufficient funding available to develop
and implement a take reduction plan for all such stocks that
interact with commercial fisheries listed under subsection
(c)(1)(A) (i) or (ii), the Secretary shall give highest
priority to the development and implementation of take
reduction plans for species or stocks whose level of
incidental mortality and serious injury exceeds the potential
biological removal level, those that have a small population
size, and those which are declining most rapidly.
``(4) Each take reduction plan shall include--
``(A) a review of the information in the final stock
assessment published under section 117(b) and any substantial
new information;
``(B) an estimate of the total number and, if possible, age
and gender, of animals from the stock that are being
incidentally lethally taken or seriously injured each year
during the course of commercial fishing operations, by
fishery;
``(C) recommended regulatory or voluntary measures for the
reduction of incidental mortality and serious injury;
``(D) recommended dates for achieving the specific
objectives of the plan.
``(5)(A) For any stock in which incidental mortality and
serious injury from commercial fisheries exceeds the
potential biological removal level established under section
117, the plan shall include measures the Secretary expects
will reduce, within 6 months of the plan's implementation,
such mortality
[[Page 714]]
and serious injury to a level below the potential biological
removal level.
``(B) For any stock in which human-caused mortality and
serious injury exceeds the potential biological removal
level, other than a stock to which subparagraph (A) applies,
the plan shall include measures the Secretary expects will
reduce, to the maximum extent practicable within 6 months of
the plan's implementation, the incidental mortality and
serious injury by such commercial fisheries from that stock.
For purposes of this subparagraph, the term `maximum extent
practicable' means to the lowest level that is feasible for
such fisheries within the 6-month period.
``(6)(A) At the earliest possible time (not later than 30
days) after the Secretary issues a final stock assessment
under section 117(b) for a strategic stock, the Secretary
shall, and for stocks that interact with a fishery listed
under subsection (c)(1)(A)(i) for which the Secretary has
made a determination under paragraph (1), the Secretary may--
``(i) establish a take reduction team for such stock and
appoint the members of such team in accordance with
subparagraph (C); and
``(ii) publish in the Federal Register a notice of the
team's establishment, the names of the team's appointed
members, the full geographic range of such stock, and a list
of all commercial fisheries that cause incidental mortality
and serious injury of marine mammals from such stock.
``(B) The Secretary may request a take reduction team to
address a stock that extends over one or more regions or
fisheries, or multiple stocks within a region or fishery, if
the Secretary determines that doing so would facilitate the
development and implementation of plans required under this
subsection.
``(C) Members of take reduction teams shall have expertise
regarding the conservation or biology of the marine mammal
species which the take reduction plan will address, or the
fishing practices which result in the incidental mortality
and serious injury of such species. Members shall include
representatives of Federal agencies, each coastal State which
has fisheries which interact with the species or stock,
appropriate Regional Fishery Management Councils, interstate
fisheries commissions, academic and scientific organizations,
environmental groups, all commercial and recreational
fisheries groups and gear types which incidentally take the
species or stock, Alaska Native organizations or Indian
tribal organizations, and others as the Secretary deems
appropriate. Take reduction teams shall, to the maximum
extent practicable, consist of an equitable balance among
representatives of resource user interests and nonuser
interests.
``(D) Take reduction teams shall not be subject to the
Federal Advisory Committee Act (5 App. U.S.C.). Meetings of
take reduction teams shall be open to the public, and prior
notice of meetings shall be made public in a timely fashion.
``(E) Members of take reduction teams shall serve without
compensation, but may be reimbursed by the Secretary, upon
request, for reasonable travel costs and expenses incurred in
performing their duties as members of the team.
``(7) Where the human-caused mortality and serious injury
from a strategic stock is estimated to be equal to or greater
than the potential biological removal level established under
section 117 for such stock and such stock interacts with a
fishery listed under subsection (c)(1)(A) (i) or (ii), the
following procedures shall apply in the development of the
take reduction plan for the stock:
``(A)(i) Not later than 6 months after the date of
establishment of a take reduction team for the stock, the
team shall submit a draft take reduction plan for such stock
to the Secretary, consistent with the other provisions of
this section.
``(ii) Such draft take reduction plan shall be developed by
consensus. In the event consensus cannot be reached, the team
shall advise the Secretary in writing on the range of
possibilities considered by the team, and the views of both
the majority and minority.
``(B)(i) The Secretary shall take the draft take reduction
plan into consideration and, not later than 60 days after the
submission of the draft plan by the team, the Secretary shall
publish in the Federal Register the plan proposed by the
team, any changes proposed by the Secretary with an
explanation of the reasons therefor, and proposed regulations
to implement such plan, for public review and comment during
a period of not to exceed 90 days.
``(ii) In the event that the take reduction team does not
submit a draft plan to the Secretary within 6 months, the
Secretary shall, not later than 8 months after the
establishment of the team, publish in the Federal Register a
proposed take reduction plan and implementing regulations,
for public review and comment during a period of not to
exceed 90 days.
``(C) Not later than 60 days after the close of the comment
period required under subparagraph (B), the Secretary shall
issue a final take reduction plan and implementing
regulations, consistent with the other provisions of this
section.
``(D) The Secretary shall, during a period of 30 days after
publication of a final take reduction plan, utilize
newspapers of general circulation, fishery trade
associations, electronic media, and other means of advising
commercial fishermen of the requirements of the plan and how
to comply with them.
``(E) The Secretary and the take reduction team shall meet
every 6 months, or at such other intervals as the Secretary
determines are necessary, to monitor the implementation of
the final take reduction plan until such time that the
Secretary determines that the objectives of such plan have
been met.
``(F) The Secretary shall amend the take reduction plan and
implementing regulations as necessary to meet the
requirements of this section, in accordance with the
procedures in this section for the issuance of such plans and
regulations.
``(8) Where the human-caused mortality and serious injury
from a strategic stock is estimated to be less than the
potential biological removal level established under section
117 for such stock and such stock interacts with a fishery
listed under subsection (c)(1)(A) (i) or (ii), or for any
marine mammal stocks which interact with a commercial fishery
listed under subsection (c)(1)(A)(i) for which the Secretary
has made a determination under paragraph (1), the following
procedures shall apply in the development of the take
reduction plan for such stock:
``(A)(i) Not later than 11 months after the date of
establishment of a take reduction team for the stock, the
team shall submit a draft take reduction plan for the stock
to the Secretary, consistent with the other provisions of
this section.
``(ii) Such draft take reduction plan shall be developed by
consensus. In the event consensus cannot be reached, the team
shall advise the Secretary in writing on the range of
possibilities considered by the team, and the views of both
the majority and minority.
``(B)(i) The Secretary shall take the draft take reduction
plan into consideration and, not later than 60 days after the
submission of the draft plan by the team, the Secretary shall
publish in the Federal Register the plan proposed by the
team, any changes proposed by the Secretary with an
explanation of the reasons therefor, and proposed regulations
to implement such plan, for public review and comment during
a period of not to exceed 90 days.
``(ii) In the event that the take reduction team does not
submit a draft plan to the Secretary within 11 months, the
Secretary shall, not later than 13 months after the
establishment of the team, publish in the Federal Register a
proposed take reduction plan and implementing regulations,
for public review and comment during a period of not to
exceed 90 days.
``(C) Not later than 60 days after the close of the comment
period required under subparagraph (B), the Secretary shall
issue a final take reduction plan and implementing
regulations, consistent with the other provisions of this
section.
``(D) The Secretary shall, during a period of 30 days after
publication of a final take reduction plan, utilize
newspapers of general circulation, fishery trade
associations, electronic media, and other means of advising
commercial fishermen of the requirements of the plan and how
to comply with them.
``(E) The Secretary and the take reduction team shall meet
on an annual basis, or at such other intervals as the
Secretary determines are necessary, to monitor the
implementation of the final take reduction plan until such
time that the Secretary determines that the objectives of
such plan have been met.
``(F) The Secretary shall amend the take reduction plan and
implementing regulations as necessary to meet the
requirements of this section, in accordance with the
procedures in this section for the issuance of such plans and
regulations.
``(9) In implementing a take reduction plan developed
pursuant to this subsection, the Secretary may, where
necessary to implement a take reduction plan to protect or
restore a marine mammal stock or species covered by such
plan, promulgate regulations which include, but are not
limited to, measures to--
``(A) establish fishery-specific limits on incidental
mortality and serious injury of marine mammals in commercial
fisheries or restrict commercial fisheries by time or area;
``(B) require the use of alternative commercial fishing
gear or techniques and new technologies, encourage the
development of such gear or technology, or convene expert
skippers' panels;
``(C) educate commercial fishermen, through workshops and
other means, on the importance of reducing the incidental
mortality and serious injury of marine mammals in affected
commercial fisheries; and
``(D) monitor, in accordance with subsection (d), the
effectiveness of measures taken to reduce the level of
incidental mortality and serious injury of marine mammals in
the course of commercial fishing operations.
``(10)(A) Notwithstanding paragraph (6), in the case of any
stock to which paragraph (1) applies for which a final stock
assessment has not been published under section 117(b)(3) by
April 1, 1995, due to a proceeding under section 117(b)(2),
or any Federal court review of such proceeding, the Secretary
shall establish a take reduction team under paragraph (6) for
such stock as if a final stock assessment had been published.
``(B) The draft stock assessment published for such stock
under section 117(b)(1) shall be deemed the final stock
assessment for purposes of preparing and implementing a take
reduction plan for such stock under this section.
``(C) Upon publication of a final stock assessment for such
stock under section 117(b)(3) the Secretary shall immediately
reconvene the take reduction team for such
[[Page 715]]
stock for the purpose of amending the take reduction plan,
and any regulations issued to implement such plan, if
necessary, to reflect the final stock assessment or court
action. Such amendments shall be made in accordance with
paragraph (7)(F) or (8)(F), as appropriate.
``(D) A draft stock assessment may only be used as the
basis for a take reduction plan under this paragraph for a
period of not to exceed two years, or until a final stock
assessment is published, whichever is earlier. If, at the end
of the two-year period, a final stock assessment has not been
published, the Secretary shall categorize such stock under
section 117(a)(5)(A) and shall revoke any regulations to
implement a take reduction plan for such stock.
``(E) Subparagraph (D) shall not apply for any period
beyond two years during which a final stock assessment for
such stock has not been published due to review of a
proceeding on such stock assessment by a Federal court.
Immediately upon final action by such court, the Secretary
shall proceed under subparagraph (C).
``(11) Take reduction plans developed under this section
for a species or stock listed as a threatened species or
endangered species under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) shall be consistent with any
recovery plan developed for such species or stock under
section 4 of such Act.
``(g) Emergency Regulations.--(1) If the Secretary finds
that the incidental mortality and serious injury of marine
mammals from commercial fisheries is having, or is likely to
have, an immediate and significant adverse impact on a stock
or species, the Secretary shall take actions as follows:
``(A) In the case of a stock or species for which a take
reduction plan is in effect, the Secretary shall--
``(i) prescribe emergency regulations that, consistent with
such plan to the maximum extent practicable, reduce
incidental mortality and serious injury in that fishery; and
``(ii) approve and implement, on an expedited basis, any
amendments to such plan that are recommended by the take
reduction team to address such adverse impact.
``(B) In the case of a stock or species for which a take
reduction plan is being developed, the Secretary shall--
``(i) prescribe emergency regulations to reduce such
incidental mortality and serious injury in that fishery; and
``(ii) approve and implement, on an expedited basis, such
plan, which shall provide methods to address such adverse
impact if still necessary.
``(C) In the case of a stock or species for which a take
reduction plan does not exist and is not being developed, or
in the case of a commercial fishery listed under subsection
(c)(1)(A)(iii) which the Secretary believes may be
contributing to such adverse impact, the Secretary shall--
``(i) prescribe emergency regulations to reduce such
incidental mortality and serious injury in that fishery, to
the extent necessary to mitigate such adverse impact;
``(ii) immediately review the stock assessment for such
stock or species and the classification of such commercial
fishery under this section to determine if a take reduction
team should be established; and
``(iii) may, where necessary to address such adverse impact
on a species or stock listed as a threatened species or
endangered species under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.), place observers on vessels in a
commercial fishery listed under subsection (c)(1)(A)(iii), if
the Secretary has reason to believe such vessels may be
causing the incidental mortality and serious injury to marine
mammals from such stock.
``(2) Prior to taking action under paragraph (1) (A), (B),
or (C), the Secretary shall consult with the Marine Mammal
Commission, all appropriate Regional Fishery Management
Councils, State fishery managers, and the appropriate take
reduction team (if established).
``(3) Emergency regulations prescribed under this
subsection--
``(A) shall be published in the Federal Register, together
with an explanation thereof;
``(B) shall remain in effect for not more than 180 days or
until the end of the applicable commercial fishing season,
whichever is earlier; and
``(C) may be terminated by the Secretary at an earlier date
by publication in the Federal Register of a notice of
termination, if the Secretary determines that the reasons for
emergency regulations no longer exist.
``(4) If the Secretary finds that incidental mortality and
serious injury of marine mammals in a commercial fishery is
continuing to have an immediate and significant adverse
impact on a stock or species, the Secretary may extend the
emergency regulations for an additional period of not more
than 90 days or until reasons for the emergency no longer
exist, whichever is earlier.
``(h) Penalties.--Except as provided in subsection (c), any
person who violates this section shall be subject to the
provisions of sections 105 and 107, and may be subject to
section 106 as the Secretary shall establish by regulations.
``(i) Assistance.--The Secretary shall provide assistance
to Regional Fishery Management Councils, States, interstate
fishery commissions, and Indian tribal organizations in
meeting the goal of reducing incidental mortality and serious
injury to insignificant levels approaching a zero mortality
and serious injury rate.
``(j) Contributions.--For purposes of carrying out this
section, the Secretary may accept, solicit, receive, hold,
administer, and use gifts, devises, and bequests.
``(k) Consultation With Secretary of the Interior.--The
Secretary shall consult with the Secretary of the Interior
prior to taking actions or making determinations under this
section that affect or relate to species or population stocks
of marine mammals for which the Secretary of the Interior is
responsible under this title.
``(l) Definitions.--As used in this section and section
101(a)(5)(E), each of the terms `fishery' and `vessel of the
United States' has the same meaning it does in section 3 of
the Magnuson Fishery Conservation and Management Act (16
U.S.C. 1802).''.
SEC. 12. DEFINITIONS.
Section 3 (16 U.S.C. 1362) is amended by adding at the end
the following:
``(18)(A) The term `harassment' means any act of pursuit,
torment, or annoyance which--
``(i) has the potential to injure a marine mammal or marine
mammal stock in the wild; or
``(ii) has the potential to disturb a marine mammal or
marine mammal stock in the wild by causing disruption of
behavioral patterns, including, but not limited to,
migration, breathing, nursing, breeding, feeding, or
sheltering.
``(B) The term `Level A harassment' means harassment
described in subparagraph (A)(i).
``(C) The term `Level B harassment' means harassment
described in subparagraph (A)(ii).
``(19) The term `strategic stock' means a marine mammal
stock--
``(A) for which the level of direct human-caused mortality
exceeds the potential biological removal level;
``(B) which, based on the best available scientific
information, is declining and is likely to be listed as a
threatened species under the Endangered Species Act of 1973
within the foreseeable future; or
``(C) which is listed as a threatened species or endangered
species under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), or is designated as depleted under this Act.
``(20) The term `potential biological removal level' means
the maximum number of animals, not including natural
mortalities, that may be removed from a marine mammal stock
while allowing that stock to reach or maintain its optimum
sustainable population. The potential biological removal
level is the product of the following factors:
``(A) The minimum population estimate of the stock.
``(B) One-half the maximum theoretical or estimated net
productivity rate of the stock at a small population size.
``(C) A recovery factor of between 0.1 and 1.0.
``(21) The term `Regional Fishery Management Council' means
a Regional Fishery Management Council established under
section 302 of the Magnuson Fishery Conservation and
Management Act.
``(22) The term `bona fide research' means scientific
research on marine mammals, the results of which--
``(A) likely would be accepted for publication in a
referred scientific journal;
``(B) are likely to contribute to the basic knowledge of
marine mammal biology or ecology; or
``(C) are likely to identify, evaluate, or resolve
conservation problems.
``(23) The term `Alaska Native organization' means a group
designated by law or formally chartered which represents or
consists of Indians, Aleuts, or Eskimos residing in Alaska.
``(24) The term `take reduction plan' means a plan
developed under section 118.
``(25) The term `take reduction team' means a team
established under section 118.
``(26) The term `net productivity rate' means the annual
per capita rate of increase in a stock resulting from
additions due to reproduction, less losses due to mortality.
``(27) The term `minimum population estimate' means an
estimate of the number of animals in a stock that--
``(A) is based on the best available scientific information
on abundance, incorporating the precision and variability
associated with such information; and
``(B) provides reasonable assurance that the stock size is
equal to or greater than the estimate.''.
SEC. 13. PENALTIES; PROHIBITIONS.
(a) Civil Penalties.--Section 105(a)(1) (16 U.S.C.
1375(a)(1)) is amended by inserting ``, except as provided in
section 118,'' after ``thereunder''.
(b) Criminal Penalties.--Section 105(b) (16 U.S.C. 1375(b))
is amended by inserting ``(except as provided in section
118)'' after ``thereunder''.
(c) Prohibitions.--Section 102(a) (16 U.S.C. 1372(a)) is
amended by striking ``and 114 of this title or title III''
and inserting ``114, and 118 of this title and title IV''.
SEC. 14. INDIAN TREATY RIGHTS; ALASKA NATIVE SUBSISTENCE.
Nothing in this Act, including any amendments to the Marine
Mammal Protection Act of 1972 made by this Act--
(1) alters or is intended to alter any treaty between the
United States and one or more Indian tribes; or
(2) affects or otherwise modifies the provisions of section
101(b) of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1371(b)), except as specifically provided in the amendment
made by section 4(b) of this Act.
SEC. 15. TRANSITION RULE; IMPLEMENTING REGULATIONS.
(a) Transition Rule.--Section 114(a)(1) (16 U.S.C.
1383a(a)(1)) is amended by striking ``ending April 1, 1994,''
and inserting in lieu
[[Page 716]]
thereof ``until superseded by regulations prescribed under
section 118, or until September 1, 1995, whichever is
earlier,''.
(b) Implementing Regulations.--Except as provided otherwise
in this Act, or the amendments to the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1361 et seq.) made by this
Act, the Secretary of Commerce or the Secretary of the
Interior, as appropriate, shall, after notice and opportunity
for public comment, promulgate regulations to implement this
Act and the amendments made by this Act by January 1, 1995.
SEC. 16. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Definitions.--Section 3 (16 U.S.C. 1362) is amended--
(1) by striking paragraph (17); and
(2) by redesignating the second paragraph (15) and
paragraph (16) as paragraphs (16) and (17), respectively.
(b) Unusual Mortality Event Fund.--Section 405(a) (16
U.S.C. 1421d(a)), as so redesignated by this Act, is amended
by striking ``a fund'' and inserting in lieu thereof ``an
interest bearing fund''.
SEC. 17. HUMAN ACTIVITIES WITHIN PROXIMITY OF WHALES.
(a) Lawful Approaches.--In waters of the United States
surrounding the State of Hawaii, it is lawful for a person
subject to the jurisdiction of the United States to approach,
by any means other than an aircraft, no closer than 100 yards
to a humpback whale, regardless of whether the approach is
made in waters designated under section 222.31 of title 50,
Code of Federal Regulations, as cow/calf waters.
(b) Termination of Legal Effect of Certain Regulations.--
Subsection (b) of section 222.31 of title 50, Code of Federal
Regulations, shall cease to be in force and effect.
SEC. 18. SCRIMSHAW EXEMPTIONS.
Notwithstanding any other provision of law, any valid
certificate of exemption renewed by the Secretary (or deemed
to be renewed) under section 10(f)(8) of the Endangered
Species Act of 1973 (16 U.S.C. 1539(f)(8)) for any person
holding such a certificate with respect to the possession of
pre-Act finished scrimshaw products or raw material for such
products shall remain valid for a period not to exceed 5
years beginning on the date of enactment of this Act.
SEC. 19. MARINE MAMMAL COOPERATIVE AGREEMENTS IN ALASKA.
Title I (16 U.S.C. 1371 et seq.), as amended by this Act,
is further amended by adding at the end the following new
section:
``SEC. 119. MARINE MAMMAL COOPERATIVE AGREEMENTS IN ALASKA.
``(a) In General.--The Secretary may enter into cooperative
agreements with Alaska Native organizations to conserve
marine mammals and provide co-management of subsistence use
by Alaska Natives.
``(b) Grants.--Agreements entered into under this section
may include grants to Alaska Native organizations for, among
other purposes--
``(1) collecting and analyzing data on marine mammal
populations;
``(2) monitoring the harvest of marine mammals for
subsistence use;
``(3) participating in marine mammal research conducted by
the Federal Government, States, academic institutions, and
private organizations; and
``(4) developing marine mammal co-management structures
with Federal and State agencies.
``(c) Effect of Jurisdiction.--Nothing in this section is
intended or shall be construed--
``(1) as authorizing any expansion or change in the
respective jurisdiction of Federal, State, or tribal
governments over fish and wildlife resources; or
``(2) as altering in any respect the existing political or
legal status of Alaska Natives, or the governmental or
jurisdictional status of Alaska Native communities or Alaska
Native entities.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated for the purposes of carrying
out this section--
``(1) $1,500,000 to the Secretary of Commerce for each of
the fiscal years 1994, 1995, 1996, 1997, 1998, and 1999; and
``(2) $1,000,000 to the Secretary of the Interior for each
of the fiscal years 1994, 1995, 1996, 1997, 1998, and 1999.
The amounts authorized to be appropriated under this
subsection are in addition to the amounts authorized to be
appropriated under section 116.''.
SEC. 20. MARINE ECOSYSTEM PROTECTION.
Section 110 (16 U.S.C. 1380) is amended by striking
subsection (c) and inserting the following:
``(c)(1) No later than 1 year after the date of enactment
of the Marine Mammal Protection Act Amendments of 1994, the
Secretary of Commerce shall convene a regional workshop for
the Gulf of Maine to assess human-caused factors affecting
the health and stability of that marine ecosystem, of which
marine mammals are a part. The workshop shall be conducted in
consultation with the Marine Mammal Commission, the adjacent
coastal States, individuals with expertise in marine mammal
biology and ecology, representatives from environmental
organizations, the fishing industry, and other appropriate
persons. The goal of the workshop shall be to identify such
factors, and to recommend a program of research and
management to restore or maintain that marine ecosystem and
its key components that--
``(A) protects and encourages marine mammals to develop to
the greatest extent feasible commensurate with sound policies
of resource management;
``(B) has as the primary management objective the
maintenance of the health and stability of the marine
ecosystems;
``(C) ensures the fullest possible range of management
options for future generations; and
``(D) permits nonwasteful, environmentally sound
development of renewable and nonrenewable resources.
``(2) On or before December 31, 1995, the Secretary of
Commerce shall submit to the Committee on Merchant Marine and
Fisheries of the House of Representatives and the Committee
on Commerce, Science and Transportation of the Senate a
report containing the results of the workshop under this
subsection, proposed regulatory or research actions, and
recommended legislative action.
``(d)(1) The Secretary of Commerce, in consultation with
the Secretary of the Interior, the Marine Mammal Commission,
the State of Alaska, and Alaska Native organizations, shall,
not later than 180 days after the date of enactment of the
Marine Mammal Protection Act Amendments of 1994, undertake a
scientific research program to monitor the health and
stability of the Bering Sea marine ecosystem and to resolve
uncertainties concerning the causes of population declines of
marine mammals, sea birds, and other living resources of that
marine ecosystem. The program shall address the research
recommendations developed by previous workshops on Bering Sea
living marine resources, and shall include research on
subsistence uses of such resources and ways to provide for
the continued opportunity for such uses.
``(2) To the maximum extent practicable, the research
program undertaken pursuant to paragraph (1) shall be
conducted in Alaska. The Secretary of Commerce shall utilize,
where appropriate, traditional local knowledge and may
contract with a qualified Alaska Native organization to
conduct such research.
``(3) The Secretary of Commerce, the Secretary of the
Interior, and the Commission shall address the status and
findings of the research program in their annual reports to
Congress required by sections 103(f) and 204 of this Act.''.
SEC. 21. INTERJURISDICTIONAL FISHERIES ACT OF 1986.
Section 308(b) of the Interjurisdictional Fisheries Act of
1986 (16 U.S.C. 4107(b)) is amended by striking ``$2,500,000
for each of the fiscal years 1989, 1990, 1991, 1992, 1993,
1994, and 1995'' and inserting in lieu thereof ``$65,000,000
for each of the fiscal years 1994 and 1995''.
SEC. 22. COASTAL ECOSYSTEM HEALTH.
(a) Requirement to Convey.--Not later than September 30,
1994, the Secretary of the Navy shall convey, without payment
or other consideration, to the Secretary of Commerce, all
right, title, and interest to the property comprising that
portion of the Naval Base, Charleston, South Carolina,
bounded by Hobson Avenue, the Cooper River, the landward
extension of the northwest side of Pier R, and the fenceline
between the buildings known as 200 and NS-16. Such property
shall include Pier R, the buildings known as RTC-1, RTC-4,
200, and 1874, all towers and outbuildings on that property,
and all walkways and parking areas associated with such
buildings and Pier R.
(b) Survey; Effect on Liability of Secretary of the Navy.--
The acreage and legal description of the property to be
conveyed pursuant to this section shall be determined by a
survey approved by the Secretary of the Navy. Such conveyance
shall not release the Secretary of the Navy from any
liability arising prior to, during, or after such conveyance
as a result of the ownership or occupation of the property by
the United States Navy.
(c) Use by National Oceanic and Atmospheric
Administration.--The property conveyed pursuant to this
section shall be used by the Secretary of Commerce in support
of the operations of the National Oceanic and Atmospheric
Administration.
(d) Reversion Rights.--Conveyance of the property pursuant
to this section shall be subject to the condition that all
right, title, and interest in and to the property so conveyed
shall immediately be conveyed to the public entity vested
with ownership of the remainder of the Charleston Naval Base,
if and when--
(1) continued ownership and occupation of the property by
the National Oceanic and Atmospheric Administration no longer
is compatible with the comprehensive plan for reuse of the
Charleston Naval Base developed by the community reuse
committee and approved by the Secretary of the Navy; and
(2) such public entity provides for relocation of the
programs and personnel of the National Oceanic and
Atmospheric Administration occupying such property, at no
further cost to the United States Government, to a comparable
facility, including adjacent waterfront and pier, within the
Charleston area.
SEC. 23. PACIFIC COAST TASK FORCE; GULF OF MAINE.
Title I (16 U.S.C. 1371 et seq.), as amended by this Act,
is further amended by adding at the end the following new
section:
``SEC. 120. PACIFIC COAST TASK FORCE; GULF OF MAINE.
``(a) Pinniped Removal Authority.--Notwithstanding any
other provision of this title, the Secretary may permit the
intentional lethal taking of pinnipeds in accordance with
this section.
[[Page 717]]
``(b) Application.--(1) A State may apply to the Secretary
to authorize the intentional lethal taking of individually
identifiable pinnipeds which are having a significant
negative impact on the decline or recovery of salmonid
fishery stocks which--
``(A) have been listed as threatened species or endangered
species under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
``(B) the Secretary finds are approaching threatened
species or endangered species status (as those terms are
defined in that Act); or
``(C) migrate through the Ballard Locks at Seattle,
Washington.
``(2) Any such application shall include a means of
identifying the individual pinniped or pinnipeds, and shall
include a detailed description of the problem interaction and
expected benefits of the taking.
``(c) Actions in Response to Application.--(1) Within 15
days of receiving an application, the Secretary shall
determine whether the application has produced sufficient
evidence to warrant establishing a Pinniped-Fishery
Interaction Task Force to address the situation described in
the application. If the Secretary determines sufficient
evidence has been provided, the Secretary shall establish a
Pinniped-Fishery Interaction Task Force and publish a notice
in the Federal Register requesting public comment on the
application.
``(2) A Pinniped-Fishery Interaction Task Force established
under paragraph (1) shall consist of designated employees of
the Department of Commerce, scientists who are knowledgeable
about the pinniped interaction that the application
addresses, representatives of affected conservation and
fishing community organizations, Indian Treaty tribes, the
States, and such other organizations as the Secretary deems
appropriate.
``(3) Within 60 days after establishment, and after
reviewing public comments in response to the Federal Register
notice under paragraph (1), the Pinniped-Fishery Interaction
Task Force shall--
``(A) recommend to the Secretary whether to approve or deny
the proposed intentional lethal taking of the pinniped or
pinnipeds, including along with the recommendation a
description of the specific pinniped individual or
individuals, the proposed location, time, and method of such
taking, criteria for evaluating the success of the action,
and the duration of the intentional lethal taking authority;
and
``(B) suggest nonlethal alternatives, if available and
practicable, including a recommended course of action.
``(4) Within 30 days after receipt of recommendations from
the Pinniped-Fishery Interaction Task Force, the Secretary
shall either approve or deny the application. If such
application is approved, the Secretary shall immediately take
steps to implement the intentional lethal taking, which shall
be performed by Federal or State agencies, or qualified
individuals under contract to such agencies.
``(5) After implementation of an approved application, the
Pinniped-Fishery Interaction Task Force shall evaluate the
effectiveness of the permitted intentional lethal taking or
alternative actions implemented. If implementation was
ineffective in eliminating the problem interaction, the Task
Force shall recommend additional actions. If the
implementation was effective, the Task Force shall so advise
the Secretary, and the Secretary shall disband the Task
Force.
``(d) Considerations.--In considering whether an
application should be approved or denied, the Pinniped-
Fishery Interaction Task Force and the Secretary shall
consider--
``(1) population trends, feeding habits, the location of
the pinniped interaction, how and when the interaction
occurs, and how many individual pinnipeds are involved;
``(2) past efforts to nonlethally deter such pinnipeds, and
whether the applicant has demonstrated that no feasible and
prudent alternatives exist and that the applicant has taken
all reasonable nonlethal steps without success;
``(3) the extent to which such pinnipeds are causing undue
injury or impact to, or imbalance with, other species in the
ecosystem, including fish populations; and
``(4) the extent to which such pinnipeds are exhibiting
behavior that presents an ongoing threat to public safety.
``(e) Limitation.--The Secretary shall not approve the
intentional lethal taking of any pinniped from a species or
stock that is--
``(1) listed as a threatened species or endangered species
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
``(2) depleted under this Act; or
``(3) a strategic stock.
``(f) California Sea Lions and Pacific Harbor Seals;
Investigation and Report.--
``(1) The Secretary shall engage in a scientific
investigation to determine whether California sea lions and
Pacific harbor seals--
``(A) are having a significant negative impact on the
recovery of salmonid fishery stocks which have been listed as
endangered species or threatened species under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.), or which the
Secretary finds are approaching such endangered species or
threatened species status; or
``(B) are having broader impacts on the coastal ecosystems
of Washington, Oregon, and California.
The Secretary shall conclude this investigation and prepare a
report on its results no later than October 1, 1995.
``(2) Upon completion of the scientific investigation
required under paragraph (1), the Secretary shall enter into
discussions with the Pacific States Marine Fisheries
Commission, on behalf of the States of Washington, Oregon,
and California, for the purpose of addressing any issues or
problems identified as a result of the scientific
investigation, and to develop recommendations to address such
issues or problems. Any recommendations resulting from such
discussions shall be submitted, along with the report, to the
Committee on Merchant Marine and Fisheries of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
``(3) The Secretary shall make the report and the
recommendations submitted under paragraph (2) available to
the public for review and comment for a period of 90 days.
``(4) There are authorized to be appropriated to the
Secretary such sums as are necessary to carry out the
provisions of this subsection.
``(5) The amounts appropriated under section 308(c) of the
Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4107(c))
and allocated to the Pacific States Marine Fisheries
Commission may be used by the Commission to participate in
discussions with the Secretary under paragraph (2).
``(g) Regionwide Pinniped-Fishery Interaction Study.--
``(1) The Secretary may conduct a study, of not less than
three high predation areas in anadromous fish migration
corridors within the Northwest Region of the National Marine
Fisheries Service, on the interaction between fish and
pinnipeds. In conducting the study, the Secretary shall
consult with other State and Federal agencies with expertise
in pinniped-fishery interaction. The study shall evaluate--
``(A) fish behavior in the presence of predators generally;
``(B) holding times and passage rates of anadromous fish
stocks in areas where such fish are vulnerable to predation;
``(C) whether additional facilities exist, or could be
reasonably developed, that could improve escapement for
anadromous fish; and
``(D) other issues the Secretary considers relevant.
``(2) Subject to the availability of appropriations, the
Secretary may, not later than 18 months after the
commencement of the study under this subsection, transmit a
report on the results of the study to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Merchant Marine and Fisheries of the House of
Representatives.
``(3) The study conducted under this subsection may not be
used by the Secretary as a reason for delaying or deferring a
determination or consideration under subsection (c) or (d).
``(h) Gulf of Maine Task Force.--The Secretary shall
establish a Pinniped-Fishery Interaction Task Force to advise
the Secretary on issues or problems regarding pinnipeds
interacting in a dangerous or damaging manner with
aquaculture resources in the Gulf of Maine. No later than 2
years from the date of enactment of this section, the
Secretary shall after notice and opportunity for public
comment submit to the Committee on Merchant Marine and
Fisheries of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a
report containing recommended available alternatives to
mitigate such interactions.
``(i) Requirements Applicable to Task Forces.--(1) Any task
force established under this section--
``(A) shall to the maximum extent practicable, consist of
an equitable balance among representatives of resource user
interests and nonuser interests; and
``(B) shall not be subject to the Federal Advisory
Committee Act (5 App. U.S.C.).
``(2) Meetings of any task force established under this
section shall be open to the public, and prior notice of
those meetings shall be given to the public by the task force
in a timely fashion.
``(j) Gulf of Maine Harbor Porpoise.--(1) Nothing in
section 117 shall prevent the Secretary from publishing a
stock assessment for Gulf of Maine harbor porpoise in an
expedited fashion.
``(2) In developing and implementing a take reduction plan
under section 118 for Gulf of Maine harbor porpoise, the
Secretary shall consider all actions already taken to reduce
incidental mortality and serious injury of such stock, and
may, based on the recommendations of the take reduction team
for such stock, modify the time period required for
compliance with section 118(f)(5)(A), but in no case may such
modification extend the date of compliance beyond April 1,
1997.''.
SEC. 24. FURTHER TECHNICAL AND CONFORMING AMENDMENTS.
(a) Amendments Relating to Definition of Secretary.--
(1) Execution of prior amendments.--The amendments set
forth in section 3004(b) of the Marine Mammal Health and
Stranding Response Act (106 Stat. 5067)--
(A) are deemed to have been made by that section to section
3(12) of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1362(12)); and
(B) shall not be considered to have been made by that
section to section 3(11) of that Act (16 U.S.C. 1362(11)).
(2) Further technical and conforming amendments.--Section
3(12)(B) of the Marine
[[Page 718]]
Mammal Protection Act of 1972, as deemed by paragraph (1)(A)
of this subsection to have been amended by section 3004(b) of
the Marine Mammal Health and Stranding Response Act (106
Stat. 5067), is further amended in subparagraph (B) by
striking ``in title III'' and inserting ``in section 118 and
title IV''.
(b) Marine Mammal Health and Stranding Response.--The Act
(16 U.S.C. 1361 et seq.) is amended--
(1) by redesignating title III, as added by Public Law 102-
587 (106 Stat. 5060), as title IV; and
(2) by redesignating the sections of that title (16 U.S.C.
1421 through 1421h) as sections 401 through 409,
respectively.
(c) Further Amendments to Title IV.--The Act (16 U.S.C.
1361 et seq.) is amended--
(1) in section 401(b)(3) (as redesignated by this section)
by striking ``304'' and inserting ``404'';
(2) in section 405(b)(1)(A)(i) (as redesignated by this
section) by striking ``304(b)'' and inserting ``404(b)'';
(3) in section 406(a)(2)(A) (as redesignated by this
section) by striking ``304(b)'' and inserting ``404(b)'';
(4) in section 406(a)(2)(B) (as redesignated by this
section) by striking ``304(c)'' and inserting ``404(c)'';
(5) in section 408(1) (as redesignated by this section)--
(A) by striking ``305'' and inserting ``405'', and
(B) by striking ``307'' and inserting ``407'';
(6) in section 408(2) (as redesignated by this section) by
striking ``307'' and inserting ``407'';
(7) in section 409(1) (as redesignated by this section) by
striking ``305(a)'' and inserting ``405(a)'';
(8) in section 409(5) (as redesignated by this section) by
striking ``307(a)'' and inserting ``407(a)'';
(9) in section 102(a) (16 U.S.C. 1372(a)) by striking
``title III'' and inserting ``title IV'';
(10) in section 109(h)(1) (16 U.S.C. 1379(h)(1)) by
striking ``title III'' and inserting ``title IV'';
(11) in section 112(c) (16 U.S.C. 1382(c)) by striking ``or
title III'' and inserting ``or title IV''; and
(12) in the table of contents in the first section, by
striking the items relating to the title that is redesignated
by subsection (b) of this section and the sections that are
redesignated by subsection (b) of this section and inserting
the following:
``Title IV--Marine Mammal Health and Stranding Response
``Sec. 401. Establishment of program.
``Sec. 402. Determination; data collection and dissemination.
``Sec. 403. Stranding response agreements.
``Sec. 404. Unusual mortality event response.
``Sec. 405. Unusual mortality event activity funding.
``Sec. 406. Liability.
``Sec. 407. National Marine Mammal Tissue Bank and tissue analysis.
``Sec. 408. Authorization of appropriations.
``Sec. 409. Definitions.''.
(d) Clerical Amendments.--The portion of the table of
contents in the first section of the Act relating to title I
is amended by adding at the end the following new items:
``Sec. 117. Stock assessments.
``Sec. 118. Taking of marine mammals incidental to commercial fishing
operations.
``Sec. 119. Marine mammal cooperative agreements in Alaska.
``Sec. 120. Pacific Coast Task Force; Gulf of Maine.''.
(e) Effective Date.--The amendments made by subsection (a)
shall be effective as if enacted as part of section 3004 of
the Marine Mammal Health and Stranding Response Act (106
Stat. 5067).
SEC. 25. TRANSFER.
Of amounts appropriated by Public Law 103-139 to the
Department of the Navy for Shipbuilding and Conversion, Navy,
the Secretary of the Navy shall transfer $8,000,000 not later
than May 15, 1994, to the Administrator of the Maritime
Administration for the conversion of the USNS CHAUVENET to a
training ship for the Texas Maritime Academy's Training
Program.
The SPEAKER pro tempore, Mr. KREIDLER, recognized Mr. STUDDS and Mr.
FIELDS of Texas, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said resolution?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said resolution was agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendments.
Para. 39.13 head start and community services reauthorization
Mr. MARTINEZ moved to suspend the rules and pass the bill (H.R. 4250)
to authorize appropriations for fiscal years 1995 through 1998 to carry
out the Head Start Act and the Community Services Block Grant Act, and
for other purposes; as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. MARTINEZ and
Mr. GOODLING, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. ARMEY demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Thursday, April 28, 1994, pursuant to the prior announcement of the
Chair.
Para. 39.14 arson prevention
Mr. BOUCHER moved to suspend the rules and agree to the following
resolution (H. Res. 413):
Resolved, That, upon adoption of this resolution, the bill
(H.R. 1727) to establish a program of grants to States for
arson research, prevention, and control, and for other
purposes, with the Senate amendment thereto, shall be
considered to have been taken from the Speaker's table, and
the same are hereby agreed to with an amendment as follows:
In lieu of the matter proposed to be inserted by the Senate,
insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arson Prevention Act of
1994''.
SEC. 2. FINDINGS.
Congress finds that--
(1) arson is a serious and costly problem, and is
responsible for approximately 25 percent of all fires in the
United States;
(2) arson is a leading cause of fire deaths, accounting for
approximately 700 deaths annually in the United States, and
is the leading cause of property damage due to fire in the
United States;
(3) estimates of arson property losses are in the range of
$2,000,000,000 annually, or approximately 1 of every 4
dollars lost to fire;
(4) the incidence of arson in the United States is
seriously underreported, in part because of the lack of
adequate participation by local jurisdictions in the National
Fire Incident Reporting System (NFIRS) and the Uniform Crime
Reporting (UCR) program;
(5) there is a need for expanded training programs for
arson investigators;
(6) there is a need for improved programs designed to
enable volunteer firefighters to detect arson crimes and to
preserve evidence vital to the investigation and prosecution
of arson cases;
(7) according to the National Fire Protection Association,
of all the suspicious and incendiary fires estimated to
occur, only \1/3\ are confirmed as arson; and
(8) improved training of arson investigators will increase
the ability of fire departments to identify suspicious and
incendiary fires, and will result in increased and more
effective prosecution of arson offenses.
SEC. 3. ARSON PREVENTION GRANTS.
The Federal Fire Protection and Control Act of 1974 is
amended by inserting after section 24 (15 U.S.C. 2220) the
following new section:
``SEC. 25. ARSON PREVENTION GRANTS.
``(a) Definitions.--As used in this section:
``(1) Arson.--The term `arson' includes all incendiary and
suspicious fires.
``(2) Office.--The term `Office' means the Office of Fire
Prevention and Arson Control of the United States Fire
Administration.
``(b) Grants.--The Administrator, acting through the
Office, shall carry out a demonstration program under which
not more than 10 grant awards shall be made to States, or
consortia of States, for programs relating to arson research,
prevention, and control.
``(c) Goals.--In carrying out this section, the
Administrator shall award 2-year grants on a competitive,
merit basis to States, or consortia of States, for projects
that promote one or more of the following goals:
``(1) To improve the training by States leading to
professional certification of arson investigators, in
accordance with nationally recognized certification
standards.
``(2) To provide resources for the formation of arson task
forces or interagency organizational arrangements involving
the police and fire departments and other relevant local
agencies, such as a State arson bureau and the office of a
fire marshal of a State.
``(3) To combat fraud as a cause of arson and to advance
research at the State and local levels on the significance
and prevention of fraud as a motive for setting fires.
``(4) To provide for the management of arson squads,
including--
``(A) training courses for fire departments in arson case
management, including standardization of investigative
techniques and reporting methodology;
``(B) the preparation of arson unit management guides; and
[[Page 719]]
``(C) the development and dissemination of new public
education materials relating to the arson problem.
``(5) To combat civil unrest as a cause of arson and to
advance research at the State and local levels on the
prevention and control of arson linked to urban disorders.
``(6) To combat juvenile arson, such as juvenile fire-
setter counseling programs and similar intervention programs,
and to advance research at the State and local levels on the
prevention of juvenile arson.
``(7) To combat drug-related arson and to advance research
at the State and local levels on the causes and prevention of
drug-related arson.
``(8) To combat domestic violence as a cause of arson and
to advance research at the State and local levels on the
prevention of arson arising from domestic violence.
``(9) To combat arson in rural areas and to improve the
capability of firefighters to identify and prevent arson
initiated fires in rural areas and public forests.
``(10) To improve the capability of firefighters to
identify and combat arson through expanded training programs,
including--
``(A) training courses at the State fire academies; and
``(B) innovative courses developed with the Academy and
made available to volunteer firefighters through regional
delivery methods, including teleconferencing and satellite
delivered television programs.
``(d) Structuring of Applications.--The Administrator shall
assist grant applicants in structuring their applications so
as to ensure that at least one grant is awarded for each goal
described in subsection (c).
``(e) State Qualification Criteria.--In order to qualify
for a grant under this section, a State, or consortium of
States, shall provide assurances adequate to the
Administrator that the State or consortium--
``(1) will obtain at least 25 percent of the cost of
programs funded by the grant, in cash or in kind, from non-
Federal sources;
``(2) will not as a result of receiving the grant decrease
the prior level of spending of funds of the State or
consortium from non-Federal sources for arson research,
prevention, and control programs;
``(3) will use no more than 10 percent of funds provided
under the grant for administrative costs of the programs; and
``(4) is making efforts to ensure that all local
jurisdictions will provide arson data to the National Fire
Incident Reporting System or the Uniform Crime Reporting
program.
``(f) Extension.--A grant awarded under this section may be
extended for one or more additional periods, at the
discretion of the Administrator, subject to the availability
of appropriations.
``(g) Technical Assistance.--The Administrator shall
provide technical assistance to States in carrying out
programs funded by grants under this section.
``(h) Consultation and Cooperation.--In carrying out this
section, the Administrator shall consult and cooperate with
other Federal agencies to enhance program effectiveness and
avoid duplication of effort, including the conduct of regular
meetings initiated by the Administrator with representatives
of other Federal agencies concerned with arson and concerned
with efforts to develop a more comprehensive profile of the
magnitude of the national arson problem.
``(i) Assessment.--Not later than 18 months after the date
of enactment of this subsection, the Administrator shall
submit a report to Congress that--
``(1) identifies grants made under this section;
``(2) specifies the identity of grantees;
``(3) states the goals of each grant; and
``(4) contains a preliminary assessment of the
effectiveness of the grant program under this section.
``(j) Regulations.--Not later than 90 days after the date
of enactment of this subsection, the Administrator shall
issue regulations to implement this section, including
procedures for grant applications.
``(k) Administration.--The Administrator shall directly
administer the grant program required by this section, and
shall not enter into any contract under which the grant
program or any portion of the program will be administered by
another party.
``(l) Purchase of American Made Equipment and Products.--
``(1) Sense of congress.--It is the sense of Congress that
any recipient of a grant under this section should purchase,
when available and cost-effective, American made equipment
and products when expending grant monies.
``(2) Notice to recipients of assistance.--In allocating
grants under this section, the Administrator shall provide to
each recipient a notice describing the statement made in
paragraph (1) by the Congress.''.
SEC. 4. VOLUNTEER FIREFIGHTER TRAINING.
Section 24(a)(2) of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2220(a)(2)) is amended by inserting
before the semicolon the following: ``, with particular
emphasis on the needs of volunteer firefighters for improved
and more widely available arson training courses''.
SEC. 5. CPR TRAINING.
The Federal Fire Prevention and Control Act of 1974 is
amended by adding at the end the following new section:
SEC. 32. CPR TRAINING.
``No funds shall be made available to a State or local
government under section 25 unless such government has a
policy to actively promote the training of its firefighters
in cardiopulmonary resuscitation.''.
SEC. 6. FEDERAL EMPLOYEE HOUSING EXCEPTIONS.
Section 31(c)(1) of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2227(c)(1)) is amended--
(1) in subparagraph (A), by striking ``No Federal'' and
inserting in lieu thereof ``Except as otherwise provided in
this paragraph, no Federal''; and
(2) by adding at the end the following new subparagraphs:
``(C) Housing covered by this paragraph that does not have
an adequate and reliable electrical system shall not be
subject to the requirement under subparagraph (A) for
protection by hard-wired smoke detectors, but shall be
protected by battery operated smoke detectors.
``(D) If funding has been programmed or designated for the
demolition of housing covered by this paragraph, such housing
shall not be subject to the fire protection requirements of
subparagraph (A), but shall be protected by battery operated
smoke detectors.''.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
Section 17 of the Federal Fire Prevention and Control Act
of 1974 (15 U.S.C. 2216) is amended by adding at the end the
following new subsection:
``(h) In addition to any other amounts that are authorized
to be appropriated to carry out this Act, there are
authorized to be appropriated to carry out this Act--
``(1) $500,000 for fiscal year 1995 for basic research on
the development of an advanced course on arson prevention;
``(2) $2,000,000 for fiscal year 1996 for the expansion of
arson investigator training programs at the Academy under
section 24 and at the Federal Law Enforcement Training
Center, or through regional delivery sites;
``(3) $4,000,000 for each of fiscal years 1995 and 1996 for
carrying out section 25, except for salaries and expenses for
carrying out section 25; and
``(4) $250,000 for each of the fiscal years 1995 and 1996
for salaries and expenses for carrying out section 25.''.
SEC. 8. SUNSET.
Notwithstanding any other provision of this Act, no funds
are authorized to be appropriated for any fiscal year after
fiscal year 1996 for carrying out the programs for which
funds are authorized by this Act, or the amendments made by
this Act.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. BOUCHER and
Mr. BOEHLERT, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said resolution?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said resolution was agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
Para. 39.15 smithsonian board of regents appointment
Mr. FROST moved to suspend the rules and pass the joint resolution
(H.J. Res. 279) providing for the appointment of Manuel Lus Ibanez as a
citizen regent of the Board of Regents of the Smithsonian Institution.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. FROST and Mr.
BARRETT of Nebraska, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said joint resolution?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said joint resolution was passed.
On motion of Mr. FROST, by unanimous consent, the joint resolution of
the Senate (S.J. Res. 144) providing for the appointment of Manuel Luis
Ibanez as a citizen regent of the Board of Regents of the Smithsonian
Institution; was taken from the Speaker's table.
When said joint resolution was considered, read twice, ordered to be
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
By unanimous consent, H.J. Res. 279, a similar House joint resolution,
was laid on the table.
[[Page 720]]
Para. 39.16 smithsonian board of regents appointment
Mr. FROST moved to suspend the rules and pass the joint resolution
(H.J. Res. 280) providing for the appointment of Frank Anderson Shrontz
as a citizen regent of the Board of Regents of the Smithsonian
Institution.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. FROST and Mr.
BARRETT of Nebraska, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said joint resolution?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said joint resolution was passed.
On motion of Mr. FROST, by unanimous consent, the joint resolution of
the Senate (S.J. Res. 143) providing for the appointment of Frank
Anderson Shrontz as a citizen regent of the Board of Regents of the
Smithsonian Institution; was taken from the Speaker's table.
When said joint resolution was considered, read twice, ordered to be
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
By unanimous consent, H.J. Res. 280, a similar House joint resolution,
was laid on the table.
Para. 39.17 jean mayer research center
Mr. NADLER moved to suspend the rules and pass the bill (H.R. 4204) to
designate the Federal building located at 711 Washington Street in
Boston, Massachusetts, as the ``Jean Mayer Human Nutrition Research
Center on Aging''.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. NADLER and Mr.
DUNCAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 39.18 peace officers' memorial service
Mr. NADLER moved to suspend the rules and agree to the following
concurrent resolution (H. Con. Res. 237):
Resolved by the House of Representatives (the Senate
concurring),
SECTION 1. USE OF CAPITOL GROUNDS FOR NATIONAL PEACE
OFFICERS' MEMORIAL SERVICE.
The National Fraternal Order of Police and its auxiliary
shall be permitted to sponsor a public event, the 13th annual
National Peace Officers' Memorial Service, on the Capitol
grounds on May 15, 1994, or on such other date as the Speaker
of the House of Representatives and the President pro tempore
of the Senate may jointly designate, in order to honor the
151 law enforcement officers who died in the line of duty
during 1993.
SEC. 2. TERMS AND CONDITIONS.
(a) In General.--The event authorized to be conducted on
the Capitol grounds under section 1 shall be free of
admission charge to the public and arranged not to interfere
with the needs of Congress, under conditions to be prescribed
by the Architect of the Capitol and the Capitol Police Board.
(b) Expenses and Liabilities.--The National Fraternal Order
of Police and its auxiliary shall assume full responsibility
for all expenses and liabilities incident to all activities
associated with the event.
SEC. 3. EVENT PREPARATIONS.
(a) Structures and Equipment.--Subject to the approval of
the Architect of the Capitol, the National Fraternal Order of
Police and its auxiliary are authorized to erect upon the
Capitol grounds such stage, sound amplification devices, and
other related structures and equipment, as may be required
for the event authorized to be conducted on the Capitol
grounds under section 1.
(b) Additional Arrangements.--The Architect of the Capitol
and the Capitol Police Board are authorized to make any such
additional arrangements as may be required to carry out the
event.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. NADLER and Mr.
DUNCAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said concurrent resolution was agreed to was, by unanimous consent, laid
on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
Para. 39.19 lets stop kids killing kids week
On motion of Mr. WYNN, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the joint resolution (H.J. Res. 360) to designate the week of April 25,
1994, to May 1, 1994, as ``Lets Stop Kids Killing Kids Week''.
When said joint resolution was considered, read twice, ordered to be
engrossed and read a third time, was read a third time by title, and
passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
Para. 39.20 senate bills referred
Bills of the Senate of the following titles were taken from the
Speaker's table and, under the rule, referred as follows:
S. 540. An Act to improve the administration of the
bankruptcy system, address certain commercial issues and
consumer issues in bankruptcy, and establish a commission to
study and make recommendations on problems with the
bankruptcy system, and for other purposes; to the Committee
on the Judiciary.
S. 725. An Act to amend the Public Health Service Act to
provide for the conduct of expanded studies and the
establishment of innovative programs with respect to
traumatic brain injury, and for other purposes; to the
Committee on Energy and Commerce.
S. 1904. An Act to amend title 38, United States Code, to
improve the organization and procedures of the Board of
Veterans' Appeals; to the Committee on Veterans' Affairs.
Para. 39.21 senate enrolled bill and joint resolution signed
The SPEAKER announced his signature to an enrolled bill and a joint
resolution of the Senate of the following titles:
S. 2005. An Act to make certain technical corrections, and
for other purposes.
S.J. Res. 150. Joint resolution to designate the week of
May 2 through May 8, 1994, as ``Public Service Recognition
Week.''
And then,
Para. 39.22 adjournment
On motion of Mrs. MEYERS, pursuant to the special order heretofore
agreed to, at 2 o'clock and 45 minutes p.m., the House adjourned until
12 o'clock noon on Thursday, April 28, 1994.
Para. 39.23 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. GONZALEZ: Committee on Banking, Finance and Urban
Affairs. H.R. 2442. A bill to reauthorize appropriations
under the Public Works and Economic Development Act of 1965,
as amended, to revise administrative provisions of the act to
improve the authority of the Secretary of Commerce to
administer grant programs, and for other purposes; with
amendments (Rept. No. 103-423, Pt. 2). Referred to the
Committee of the Whole House on the State of the Union.
Mr. FORD (of Michigan): Committee on Education and Labor.
H.R. 4250. A bill to authorize appropriations for fiscal
years 1995 through 1998 to carry out the Head Start Act and
the Community Services Block Grant
[[Page 721]]
Act, and for other purposes; with amendments (Rept. No. 103-
483, Pt. 1). Ordered to be printed.
Mr. DELLUMS: Committee on Armed Services. H.R. 1432. A bill
to establish missions for Department of Energy research and
development laboratories, provide for the evaluation of
laboratory effectiveness in accomplishing such missions, and
reorganize and consolidate Department of Energy technology
transfer activities, and for other purposes; with an
amendment (Rept. No. 103-484, Pt. 1). Ordered to be printed.
Para. 39.24 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. GLICKMAN:
H.R. 4299. A bill to authorize appropriations for fiscal
year 1995 for intelligence and intelligence-related
activities of the U.S. Government, the community management
account, and the Central Intelligence Agency Retirement and
Disability System, and for other purposes; to the Permanent
Select Committee on Intelligence.
By Mr. SCHUMER (for himself, Ms. Schenk, Mr. McDermott,
Ms. Pelosi, Ms. Waters, Mr. Reynolds, Mr. Stark, Mr.
Deutsch, Mr. Ackerman, Mr. Berman, Mr. Edwards of
California, and Mr. Frank of Massachusetts):
H.R. 4300. A bill to prevent handgun violence and illegal
commerce in firearms; to the Committee on the Judiciary.
By Mr. DELLUMS (by request):
H.R. 4301. A bill to authorize appropriations for fiscal
year 1995 for military activities of the Department of
Defense, to prescribe military personnel strengths for fiscal
year 1995, and for other purposes; to the Committee on Armed
Services.
By Mr. McCURDY (for himself and Mr. Hunter) (both by
request):
H.R. 4302. A bill to authorize certain construction at
military installations for fiscal year 1995, and for other
purposes; to the Committee on Armed Services.
By Mr. KREIDLER (for himself, Mr. Swift, Mr. Dicks,
Mrs. Unsoeld, and Ms. Cantwell):
H.R. 4303. A bill to provide for a change in the exemption
from the child labor provisions of the Fair Labor Standards
Act of 1938 for minors between 16 and 18 years of age who
engage in the operation of automobiles and trucks; to the
Committee on Education and Labor.
By Mr. SOLOMON (for himself and Mr. Hutto):
H.J. Res. 361. Joint resolution to designate the year of
1995 as the Year of the American Flag; to the Committee on
Post Office and Civil Service.
By Mr. TOWNS (for himself, Mrs. Byrne, Ms. Collins of
Michigan, Ms. Margolies-Mezvinsky, Mrs. Morella, Ms.
Norton, and Mr. Payne of New Jersey):
H. Con. Res. 243. Concurrent resolution expressing the
sense of the Congress that any legislation that is enacted to
provide for national health care reform should provide for
compensation for poison control center services, and that a
commission should be established to study the delivery and
funding of poison control services; to the Committee on
Energy and Commerce.
By Mr. STUDDS:
H. Res. 412. Resolution providing for the concurrence by
the House with an amendment in the amendment of the Senate to
the amendment of the House to S. 1636; considered under
suspension of the rules and agreed to.
By Mr. BOUCHER:
H. Res. 413. Resolution providing for the concurrence by
the House with an amendment, in the amendment by the Senate
to bill H.R. 1727; considered under suspension of the rules
and agreed to.
Para. 39.25 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
356. By the SPEAKER: Memorial of the Legislature of the
State of Nebraska, relative to public water supply systems;
to the Committee on Energy and Commerce.
357. Also, memorial of the Legislature of the State of
Minnesota, relative to desecration of the flag; to the
Committee on the Judiciary.
Para. 39.26 additional sponsors
Under clause 4 of the rule XXII, sponsors were added to public bills
and resolutions as follows:
H.R. 431: Mr. Becerra.
H.R. 790: Mr. Traficant and Mrs. Johnson of Connecticut.
H.R. 814: Mr. Wheat, Mr. McInnis, and Mr. Wyden.
H.R. 967: Mr. Farr.
H.R. 1174: Mr. Wolf.
H.R. 1276: Mr. Thomas of Wyoming.
H.R. 1304: Mr. McHale.
H.R. 1489: Mr. Gutierrez.
H.R. 1961: Mr. Pomeroy and Ms. English of Arizona.
H.R. 2467: Mr. Bonior, Mr. Edwards of Texas, Mr. Ehlers,
Mr. Faleomavaega, Mr. Frank of Massachusetts, Mr. Hamilton,
Mr. McCollum, Mr. Pallone, and Ms. Pelosi.
H.R. 2543: Mr. Bonior.
H.R. 2720: Ms. Furse, Mr. Vento, Mr. Gejdenson, Mrs.
Thurman, and Ms. Schenk.
H.R. 2872: Mr. Thomas of California and Mr. Ravenel.
H.R. 2888: Ms. Eddie Bernice Johnson of Texas, Mr. Frank of
Massachusetts, Mr. Menendez, Mr. Filner, Mr. Lewis of
Georgia, Mr. Gordon, Mr. Smith of New Jersey, Mr. Gejdenson,
Mr. Sanders, Mr. Johnson of South Dakota, Mr. Owens, Mr.
Dickey, Mr. Wolf, and Mrs. Fowler.
H.R. 3088: Mr. Glickman, Mr. Pomeroy, and Mr. Klink.
H.R. 3125: Mr. Gekas.
H.R. 3288: Mr. Kreidler and Mr. Nussle.
H.R. 3309: Mr. Kildee, Mr. Lipinski, Mr. Rush, Mr. Evans,
Mr. Schaefer, Mrs. Unsoeld, Mr. Skaggs, and Mr. Bonior.
H.R. 3386: Mr. Callahan, Mr. Collins of Georgia, Mr. Hayes,
Mr. Dickey, Mr. Schiff, and Mr. Richardson.
H.R. 3407: Mr. Sundquist, Mr. Payne of Virginia, Mr.
Lightfoot, Mr. Dornan, Mr. Watt, Mr. Hunter, Mr. Callahan,
Mr. Petri, and Mr. Smith of New Jersey.
H.R. 3490: Mr. Crapo, Mr. Darden, Mr. Glickman, and Mr.
Sarpalius.
H.R. 3508: Mr. Vento.
H.R. 3527: Mr. Borski and Mr. Engel.
H.R. 3658: Mr. Cunningham.
H.R. 3790: Mr. Oberstar.
H.R. 3810: Mr. Synar.
H.R. 3814: Mr. Johnson of South Dakota and Mr. Gallegly.
H.R. 3992: Mr. McCandless and Mr. Thomas of Wyoming.
H.R. 4056: Mr. Johnson of South Dakota, Mr. Knollenberg,
Mr. Hancock, Mr. Holden, Mr. Darden, Mr. Hilliard, Mr.
Grandy, and Mr. Wilson.
H.R. 4089: Mr. Lipinski and Mr. Miller of California.
H.R. 4091: Mr. Ford of Tennessee.
H.R. 4100: Mr. Upton.
H.R. 4106: Mr. Ackerman, Mr. Neal of Massachusetts, Mrs.
Lloyd, Mr. DeFazio, Mr. Frost, Mr. Gunderson, Mr. Gejdenson,
Mr. Stupak, and Mr. Jefferson.
H.R. 4142: Mr. Saxton.
H.R. 4146: Mrs. Fowler.
H.R. 4189: Mr. Pete Geren of Texas, Mr. Ehlers, and Mr.
Penny.
H.R. 4250: Mr. Mineta, Mr. Owens, Mr. Hilliard, Mr.
Dingell, and Mr. Sharp.
H.J. Res. 44: Mr. Canady and Ms. Snowe.
H.J. Res. 276: Mr. Petri, Mr. Price of North Carolina, Mr.
DeFazio, Mr. Matsui, Mr. Klink, Mr. Swett, Mr. Lehman, and
Mrs. Thurman.
H.J. Res. 297: Mr. Lancaster and Mr. Vento.
H.J. Res. 302: Ms. Schenk, Mr. Skelton, Mr. Slattery, Mr.
Lehman, Mr. Boucher, Mr. Rose, Mr. Pomeroy, Mr. Castle, Mr.
Manton, Mr. Orton, Mr. Kennedy, Mr. Johnson of Georgia, and
Mr. Moran.
H.J. Res. 303: Mr. Clyburn, Mr. Schaefer, Mr. Rowland, Mr.
Lancaster, Mr. Smith of Texas, Mr. Brewster, Mr. Porter, and
Mr. Hoyer.
H.J. Res. 305: Mrs. Meyers of Kansas, Mr. Walsh, Mr. Klein,
Mr. Lantos, Mr. Underwood, Mrs. Johnson of Connecticut, and
Ms. Woolsey.
H.J. Res. 334: Mr. Foglietta, Mr. Hughes, Mrs. Maloney, Mr.
Manton, Mrs. Meek of Florida, Mr. Nadler, Mr. Owens, Mr.
Quillen, Mr. Reynolds, Mr. Studds, and Mr. Vento.
H.J. Res. 338: Mr. Duncan, Ms. Eshoo, Mr. Faleomavaega, Mr.
Tanner, Mr. Wilson, Mr. Sabo, Mr. Kopetski, and Mr. Frost.
H.J. Res. 342: Mr. Ballenger, Ms. Snowe, Mr. Andrews of New
Jersey, Mr. Sisisky, Mr. McInnis, Mr. Rogers, Mr. Burton of
Indiana, Ms. Pryce of Ohio, Mr. Baker of California, Mr.
Archer, Mr. Hoyer, Mrs. Mink of Hawaii, Mr. Serrano, Ms.
DeLauro, Mr. Bunning, and Mr. Faleomavaega.
H. Con. Res. 148: Mr. Hochbrueckner, Mr. Talent, Mr. Towns,
and Mr. Gibbons.
H. Con. Res. 202: Mr. Clyburn and Ms. Long.
H. Con. Res. 209: Mr. Barrett of Wisconsin.
H. Con. Res. 212: Mr. Dellums, Mr. Durbin, Mr. Gonzalez,
Mr. Hughes, Mr. Pastor, Ms. Roybal-Allard, and Mr.
Torkildsen.
H. Con. Res. 234: Mr. Ackerman, Mr. Deutsch, Mr. Frank of
Massachusetts, Mr. Hughes, Mr. McDermott, Mr. Moran, and Mrs.
Unsoeld.
H. Res. 155: Mr. Pickett.
.
THURSDAY, APRIL 28, 1994 (40)
The House was called to order by the SPEAKER.
Para. 40.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Tuesday, April 26, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 40.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3070. A letter from the Secretary of Housing and urban
Development, transmitting the Department's report on the
Federal Home Loan Bank System, pursuant to Public Law 102-
550, section 1393(b) (106 Stat. 4011); to the Committee on
Banking, Finance and Urban Affairs.
3071. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting notification of the anti-
terrorism training courses to be offered to the civilian
security
[[Page 722]]
forces of the Government of Namibia, pursuant to 22 U.S.C.
2349aa-3(a)(1); to the Committee on Foreign Affairs.
3072. A letter from the Assistant Secretary for Legislative
Affairs, Department of State; transmitting notification of a
proposed license for the export of major defense equipment
and services sold commercially to Israel (Transmittal No.
DTC-15-94), pursuant to 22 U.S.C. 2776(c); to the Committee
on Foreign Affairs.
3073. A letter from the Assistant Secretary of State for
Legislative Affairs; transmitting copies of the original
report of political contributions by Joseph R. Paolino, of
Rhode Island, Ambassador designate to the Republic of Malta,
and members of his family, pursuant to 22 U.S.C. 3944(b)(2);
to the Committee on Foreign Affairs.
3074. A letter from the Administrator, U.S. Environmental
Protection Agency, transmitting a draft of proposed
legislation entitled, ``U.S.-Mexico Border Water Pollution
Control Act,'' pursuant to 31 U.S.C. 1110; to the Committee
on Public Works and Transportation.
3075. A letter from the Administrator, U.S. Environmental
Protection Agency, transmitting a draft of proposed
legislation entitled, ``U.S. Colonias Water Pollution Control
Act,'' pursuant to 31 U.S.C. 1110; to the Committee on Public
Works and Transportation.
3076. A letter from the Administrator, Environmental
Protection Agency and the Secretaries of Agriculture and
Health and Human Resources, transmitting a draft of proposed
legislation entitled, ``Pesticide Reform Act of 1994'';
jointly, to the Committees on Energy and Commerce and the
Judiciary.
3077. A letter from the Administrator, U.S. Small Business
Administrator, transmitting the Administration's 1993 annual
report on the Natural Resource Development Program; a tree
planting program utilizing small businesses; jointly, to the
Committees on Small Business and Appropriations.
3078. A letter from the Administrator, Environmental
Protection Agency and the Secretaries of Agriculture and
Health and Human Services, transmitting a draft of proposed
legislation entitled, ``Federal Insecticide, Fungicide, and
Rodenticide Act Amendments of 1994''; jointly, to the
Committees on Agriculture, Foreign Affairs, Energy and
Commerce, Ways and Means, and the Judiciary.
Para. 40.3 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed a concurrent resolution of the following
title, in which the concurrence of the House is requested:
S. Con. Res. 67. Concurrent resolution to correct technical
errors in the enrollment of the bill, H.R. 2333.
The message also announced that the Senate agreed to the amendment of
the House to the amendment of the Senate to the amendment of the House
to the bill (S. 1636) ``An Act to authorize appropriations for the
Marine Mammal Protection Act of 1972 and to improve the program to
reduce the incidental taking of marine mammals during the course of
commercial fishing operations, and for other purposes.''
Para. 40.4 appointment of funeral committee of the late richard m. nixon
The SPEAKER, pursuant to the provisions of House Resolution 411,
announced the appointment on Wednesday, April 27, 1994, of the following
Members of the House to join with a Committee of the Senate to attend
the funeral services of late Honorable Richard Milhous Nixon, thirty-
seventh President of the United States, in Yorba Linda, California:
Mr. Foley of Washington;
Mr. Michel of Illinois;
Mr. Gingrich of Georgia;
Mr. Moorhead of California;
Mr. Thomas of California;
Mr. Dreier of California;
Mr. Hunter of California;
Mr. Dornan of California;
Mr. Gallegly of California;
Mr. Herger of California;
Mr. Cox of California;
Mr. Condit of California;
Mr. Calvert of California;
Mr. Kim of California;
Mr. McKeon of California;
Mr. Royce of California;
Mr. Pickle of Texas;
Mr. de la Garza of Texas;
Mr. Bevill of Alabama;
Mr. Myers of Indiana;
Mr. Mazzoli of Kentucky;
Mr. Spence of South Carolina;
Mr. Gilman of New York;
Mr. Regula of Ohio;
Mr. Shuster of Pennsylvania;
Mr. Walker of Pennsylvania;
Mr. Roth of Wisconsin;
Mr. Petri of Wisconsin;
Mr. Emerson of Missouri;
Mr. McCollum of Florida;
Mr. Roberts of Kansas;
Mrs. Roukema of New Jersey;
Mr. Skeen of New Mexico;
Mrs. Kennelly of Connecticut;
Mr. Boehlert of New York;
Mrs. Vucanovich of Nevada;
Mrs. Bentley of Maryland;
Mr. Callahan of Alabama;
Mr. Kolbe of Arizona;
Mr. McMillan of North Carolina;
Mr. Upton of Michigan;
Mr. Shays of Connecticut;
Mr. Duncan of Tennessee;
Mr. McNulty of New York;
Mr. Schiff of New Mexico;
Mr. Stearns of Florida;
Mr. Camp of Michigan;
Mr. Peterson of Florida;
Mr. Taylor of North Carolina;
Mr. Canady of Florida;
Mr. Clyburn of South Carolina;
Mr. Collins of Georgia;
Mr. Dickey of Arkansas;
Mr. Hutchinson of Arkansas;
Mr. Johnson of Georgia;
Mr. King of New York;
Mr. Linder of Georgia;
Mr. Mica of Florida;
Mr. Miller of Florida;
Mr. Smith of Michigan;
Mr. Torkildsen of Massachusetts; and
Mr. Underwood of Guam.
Para. 40.5 providing for the consideration of h.r. 3254
Mr. BONIOR, by direction of the Committee on Rules, reported (Rept.
No. 103-485) the resolution (H. Res. 414) providing for the
consideration of the bill (H.R. 3254) to authorize appropriations for
the National Science Foundation, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 40.6 providing for the consideration of h.r. 3221
Mr. BONIOR, by direction of the Committee on Rules, called up the
following resolution (H. Res. 410):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the State of the Union for consideration of
the bill (H.R. 3221) to provide for the adjudication of
certain claims against the Government of Iraq. The first
reading of the bill shall be dispensed with. General debate
shall be confined to the bill and shall not exceed one hour
equally divided and controlled by the chairman and ranking
minority member of the Committee on Foreign Affairs. After
general debate the bill shall be considered for amendment
under the five-minute rule. It shall be in order to consider
as an original bill for the purpose of amendment under the
five-minute rule the amendment in the nature of a substitute
recommended by the Committee on Foreign Affairs now printed
in the bill. Each section of the committee amendment in the
nature of a substitute shall be considered as read. Points of
order against the committee amendment in the nature of a
substitute for failure to comply with clause 7 of rule XVI
are waived. No amendment to the committee amendment in the
nature of a substitute shall be in order unless printed in
the portion of the Congressional Record designated for that
purpose in clause 6 of rule XXIII before the beginning of
consideration of the bill. The amendment caused to be printed
in the Record by Representative Bereuter of Nebraska
(relating to certain commercial claims) may amend portions of
the bill not yet read for amendment. After disposition of all
other amendments to the committee amendment in the nature of
a substitute, it shall be in order to consider an amendment
caused to be printed in the Record by Representative Bonior
of Michigan (relating to humanitarian assistance) and an
amendment caused to be printed in the Record by
Representative Solomon of New York (relating to war crimes)
in the order stated. Points of order against each of those
amendments for failure to comply with clause 7 of rule XVI
are waived. After disposition of those amendments, no further
amendment to the committee amendment in the nature of a
substitute shall be in order. At the conclusion of
consideration of the bill for amendment the Committee shall
rise and report the bill to the House with such amendments as
may have been adopted. Any Member may demand a separate vote
in the House on any amendment adopted in the Committee of the
Whole to the bill or to the committee amendment in the nature
of a substitute. The previous question shall be considered as
ordered on the bill and amendments thereto to final passage
without intervening motion except one motion to recommit with
or without instructions.
When said resolution was considered.
After debate,
On motion of Mr. BONIOR, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 40.7 iraqi claims
The SPEAKER pro tempore, Mr. McNULTY, pursuant to House Resolution 410
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 3221) to provide for the adjudica-
[[Page 723]]
tion of certain claims against the Government of Iraq.
The SPEAKER pro tempore, Mr. McNULTY, by unanimous consent, designated
Ms. ESHOO as Chairman of the Committee of the Whole; and after some time
spent therein,
The SPEAKER pro tempore, Mr. KLECZKA, assumed the Chair.
When Ms. ESHOO, Chairman, pursuant to House Resolution 410, reported
the bill back to the House with an amendment adopted by the Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause, and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iraq Claims Act of 1994''.
SEC. 2. ADJUDICATION OF CLAIMS.
(a) Certain Claims Within the Jurisdiction of UN
Commission.--The United States Commission is authorized to
receive and determine the validity and amounts of any claims
referred to it by the Secretary of State with respect to
which the United States has received lump-sum payments from
the United Nations Commission.
(b) Other Claims Against Iraq.--The United States
Commission is authorized to receive and determine the
validity and amounts of any claims by nationals of the United
States against the Government of Iraq that are determined by
the Secretary of State to be outside the jurisdiction of the
United Nations Commission.
(c) Decision Rules.--In deciding claims under subsection
(a) or (b), the United States Commission shall apply, in the
following order--
(1) in the case of claims under subsection (a), relevant
decisions of the United Nations Security Council and the
United Nations Commission;
(2) applicable substantive law, including international
law; and
(3) applicable principles of justice and equity.
(d) Priority Claims.--Before deciding any other claim
against the Government of Iraq, the United States Commission
shall, to the extent practical, decide all pending non-
commercial claims of members of the United States Armed
Forces and other individuals arising out of Iraq's invasion
and occupation of Kuwait or out of the 1987 attack on the USS
Stark.
(e) Applicability of International Claims Settlement Act.--
To the extent they are not inconsistent with the provisions
of this Act, the provisions of title I (other than section
2(c)) and title VII of the International Claims Settlement
Act of 1949 (22 U.S.C. 1621-1627 and 1645-1645o) shall apply
with respect to claims under this Act and the funds
established pursuant to sections 3(a) and 3(c).
SEC. 3. CLAIMS FUNDS.
(a) UN Commission Claims Funds.--The Secretary of the
Treasury is authorized to establish in the Treasury of the
United States one or more funds (hereinafter in this Act
referred to as the ``UN Commission Claims Funds'') for
payment of claims under section 2(a). The Secretary of the
Treasury shall cover into the UN Commission Claims Funds such
amounts as are allocated to such funds pursuant to subsection
(b)(1).
(b) Allocation of Funds Received From UN Commission.--The
Secretary of State shall allocate funds received by the
United States from the United Nations Commission, in the
manner the Secretary determines appropriate, between--
(1) the UN Commission Claims Funds; and
(2) funds established under the authority of the paragraphs
under the heading ``TRUST FUNDS'' in the Act entitled ``An
Act making appropriations for the diplomatic and consular
service for the fiscal year ending June thirtieth, eighteen
hundred and ninety-seven'', approved February 26, 1896 (22
U.S.C. 2668a).
(c) Iraq Claims Fund.--The Secretary of the Treasury is
authorized to establish in the Treasury of the United States
a fund (hereinafter in this Act referred to as the ``Iraq
Claims Fund'') for payment of claims under section 2(b). The
Secretary of the Treasury shall cover into the Iraq Claims
Fund such amounts as are allocated to such fund pursuant to
subsection (d).
(d) Allocation of Proceeds From Iraqi Asset Liquidation.--
(1) In general.--The President shall allocate funds
resulting from the liquidation of assets pursuant to section
4 in the manner the President determines appropriate between
the Iraq Claims Fund and such other accounts as are
appropriate for the payment of claims of the United States
Government, subject to the limitation in paragraph (2).
(2) Limitation.--The amount allocated pursuant to this
subsection for payment of claims of the United States
Government may not exceed the amount which bears the same
relation to the amount allocated to the Iraq Claims Fund
pursuant to this subsection as the sum of all certified
claims of the United States Government bears to the sum of
all claims certified under section 2(b). As used in this
paragraph, the term ``certified claims of the United States
Government'' means those claims of the United States
Government which are determined by the Secretary of State to
be outside the jurisdiction of the United Nations Commission
and which are determined to be valid, and whose amount has
been certified, under such procedures as the President may
establish.
SEC. 4. AUTHORITY TO VEST IRAQI ASSETS.
The President is authorized to vest and liquidate as much
of the assets of the Government of Iraq in the United States
that have been blocked pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) as may
be necessary to satisfy claims under section 2(b), as well as
claims of the United States Government against Iraq which are
determined by the Secretary of State to be outside the
jurisdiction of the United Nations Commission.
SEC. 5. REIMBURSEMENT FOR EXPENSES OF PROGRAM ADMINISTRATION.
(a) Deduction.--In order to reimburse the United States
Government for its expenses in administering the Iraq claims
program and this Act, the Secretary of the Treasury shall
deduct--
(1) 1.5 percent of any amount covered into the UN
Commission Claims Funds or the Iraq Claims Fund; and
(2) 1.5 percent of any amount the Secretary of State
receives from the United Nations Commission that is not
covered into the UN Commission Claims funds and that is not
in payment of a claim of the United States Government.
(b) Deductions Treated as Miscellaneous Receipts.--Amounts
deducted pursuant to subsection (a) shall be deposited in the
Treasury of the United States as miscellaneous receipts.
SEC. 6. PAYMENTS.
(a) In General.--The United States Commission shall certify
to the Secretary of the Treasury each award made pursuant to
section 2. The Secretary of the Treasury shall make payment,
out of the appropriate fund established pursuant to section
3(a) or 3(c), in the following order of priority to the
extent funds are available in such fund:
(1) Payments of $10,000 or the principal amount of the
award, whichever is less.
(2) For each claim that has priority under section 2(d),
payment of a further $90,000 toward the unpaid balance of the
principal amount of the award.
(3) Payments from time to time in ratable proportions on
account of the unpaid balance of the principal amounts of all
awards according to the proportions which the unpaid balance
of such awards bear to the total amount in the appropriate
claims fund that is available for distribution at the time
such payments are made.
(4) After payment has been made of the principal amounts of
all such awards, pro rata payments on account of accrued
interest on such awards as bear interest.
(5) After payment has been made in full of all the awards
payable out of a fund established pursuant to section 3(a) or
3(c), any funds remaining in that fund shall be transferred
to the other claims fund established pursuant to section 3(a)
or 3(c), except that any funds received by the United States
from the United Nations Commission shall be so transferred
only to the extent not inconsistent with requirements of the
United Nations Commission.
(b) Unsatisfied Claims.--Payment of any award made pursuant
to this Act shall not extinguish any unsatisfied claim, or be
construed to have divested any claimant, or the United States
on his or her behalf, of any rights against the Government of
Iraq with respect to any unsatisfied claim.
SEC. 7. RECORDS.
(a) Transfer to Commission.--The head of any Executive
agency may transfer or otherwise make available to the United
States Commission such records and documents relating to
claims authorized to be adjudicated by this Act as may be
required by the United States Commission in carrying out its
functions under this Act.
(b) Public Disclosure.--Section 552 of title 5 of the
United States Code (commonly referred to as the ``Freedom of
Information Act'') shall not apply with respect to records
that, as determined by the Secretary of State, are required
under the rules and decisions of the United Nations
Commission to be withheld from public disclosure.
SEC. 8. STATUTE OF LIMITATIONS; DISPOSITION OF UNUSED FUNDS.
(a) Statute of Limitations.--Any demand or claim of payment
on account of an award that is certified under the Iraq
claims program shall be barred one year after the publication
date of the notice required by subsection (b).
(b) Publication of Notice.--
(1) In general.--At the end of the 9-year period specified
in paragraph (2), the Secretary of the Treasury shall publish
a notice in the Federal Register detailing the statute of
limitations provided for subsection (a) and identifying the
claim numbers and awardee names of unpaid certified claims.
(2) Publication date.--The notice required by paragraph (1)
shall be published 9 years after the latter of--
(A) the last date on which the Secretary of the Treasury
covers into any of the UN Commission Claims Funds, or into
any fund described in section 3(b)(2), amounts allocated to
that fund pursuant to section 3(b); or
(B) the last date on which the Secretary of the Treasury
covers into the Iraq Claims Fund amounts allocated to that
fund pursuant to section 3(d).
(c) Disposition of Unused Funds.--
(1) Disposition.--At the end of the 2-year period beginning
on the publication date of
[[Page 724]]
the notice required by subsection (b), the Secretary of the
Treasury shall dispose of all unused funds described in
paragraph (2) as follows:
(A) By making additional payments pursuant to the Iraq
claims program.
(B) By depositing in the Treasury of the United States as
miscellaneous receipts any such funds that are not used for
such additional payments.
(2) Unused funds.--The unused funds referred to in
paragraph (1) are--
(A) any remaining balance in the UN Commission Claims Funds
or in the Iraq Claims Funds, including the amount of any
unpaid certified claim under the Iraq claims program; and
(B) any remaining balance in any fund referred in section
3(b)(2) to the extent such balance reflects amounts deposited
pursuant to that section.
SEC. 9. DEFINITIONS.
As used in this Act--
(1) the term ``Government of Iraq'' includes agencies,
instrumentalities, and controlled entities (including public
sector enterprises) of that government;
(2) the term ``Executive agency'' has the meaning given
that term by section 105 of title 5, United States Code;
(3) the term ``Iraq claims program'' means the claims whose
adjudication is provided for in this Act and any other claims
that are within the jurisdiction of the United Nations
Commission;
(4) the term ``United Nations Commission'' means United
Nations Compensation Commission established pursuant to the
United Nations Security Council Resolution 687 (1991); and
(5) the term ``United States Commission'' means the Foreign
Claims Settlement Commission of the United States.
SEC. 10. ADMISSION TO THE UNITED STATES AS REFUGEES OF
INDIVIDUALS WHO SERVED IN THE ARMED FORCES OF
IRAQ DURING THE PERSIAN GULF CONFLICT.
(a) Statement of Policy.--It is the sense of the Congress
that individuals who have served in the armed forces of Iraq
during the Persian Gulf conflict should not be admitted to
the United States as refugees under the Immigration and
Nationality Act except in exceptional circumstances until all
claims under section 2(b) of this Act have been paid in full.
(b) Persian Gulf Conflict Defined.--For purposes of this
section, the term ``Persian Gulf conflict'' means the period
beginning on August 2, 1990, and ending on February 27, 1991.
SEC. 11. HUMANITARIAN ASSISTANCE.
(a) Findings.--The Congress finds that--
(1) Saddam Hussein has been condemned by the international
community for his unwillingness to take the steps necessary
to provide for the basic humanitarian needs of the Iraqi
people;
(2) dire shortages of food, medicine, and basic medical
supplies (including insulin, anesthetics, and antibiotics)
have resulted in a continuing humanitarian disaster in Iraq,
including massive human suffering and the death of hundreds
of thousands of innocent Iraqi civilians during the past 4
years;
(3) This humanitarian tragedy is occurring throughout Iraq;
(4) the United States has a long history of providing
humanitarian assistance to alleviate human suffering in many
parts of the world; and
(5) the United States Agency for International Development
has the authority under chapter 9 of part I of the Foreign
Assistance Act of 1961 (relating to international disaster
assistance) and other provisions of law to provide assistance
to address humanitarian needs throughout Iraq.
(b) Statement of Congressional Policy.--It is the sense of
the Congress that--
(1) the United States should immediately provide additional
humanitarian assistance, particularly medicine and medical
supplies, to alleviate the humanitarian disaster throughout
Iraq;
(2) such assistance should be provided through independent
nongovernmental organizations and through international
organizations so that this desperately needed assistance can
reach all areas of need, in particular those outside the
United Nations protected areas; and
(3) the costs of such assistance should be reimbursed from
any available Iraqi resources, including the Iraqi assets
that have been blocked pursuant to the International
Emergency Economic Powers Act so long as such reimbursement
does not reduce the amount paid on those priority claims of
members of the United States Armed Forces and other described
in section 2(d) of this Act and does not delay payment on
those claims.
SEC. 12. PROSECUTION OF SADDAM HUSSEIN AND OTHER MEMBERS OF
THE IRAQI GOVERNMENT FOR WAR CRIMES.
(a) Findings.--The Congress finds that--
(1) as ordered by Saddam Hussein, Iraq engaged in
unprovoked aggression in its conquest and occupation of
Kuwait;
(2) the Iraqi occupation force treated Kuwaiti citizens
barbarously;
(3) Saddam Hussein used American and European civilians as
``human shields'' in an attempt to protect strategic
facilities throughout Iraq and directed that captured
American and allied prisoners of war be used for the same
purposes;
(4) Saddam Hussein ordered his military to launch missile
attacks against innocent civilians in Israel and Saudi
Arabia; and
(5) former President Bush and President Clinton rightly
warned Saddam Hussein and Iraqi Government officials that
they would be held responsible for any abuses they have
caused.
(b) Establishment of Tribunal.--The Congress urges the
President to request the United Nations to establish a
tribunal to charge Saddam Hussein and other responsible Iraqi
Government officials for war crimes, acts of aggression, and
crimes against humanity they have committed.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
Mr. MANZULLO moved to recommit the bill to the Committee on Foreign
Affairs with instructions to report the bill back to the House forthwith
with the following amendment:
Strike section 10(a) and insert the following:
``(a) Notwithstanding any other provision of the law,
individuals who have served in the armed forces of Iraq
during the Persian Gulf conflict may not be admitted to the
United States as refugees under the Immigration and
Nationality Act.''.
Pending consideration of said motion to recommit with instructions,
Para. 40.8 point of order
Mr. HAMILTON made a point of order against the motion to recommmit
with instructions, and said:
``Mr. Speaker, I object to the motion to recommit and make a point of
order against it.
``Mr. Speaker, I think the motion to recommit is not germane, because
as I understand it, and I have not had the opportunity to see it, but I
was trying to listen very carefully. As I understand it, it tries to
change the basic immigration law that is the law of the land. I
therefore think it should be subject to a point of order as not
germane.''.
Mr. GILMAN was recognized to speak to the point of order and said:
``Mr. Speaker, I join with the distinguished chairman of the Committee
in raising the issue that this is a nongermane amendment.''.
Mr. MANZULLO was recognized to speak to the point of order and said:
``Mr. Speaker, under these very exceptional circumstances as to this
rough language that was found in this bill as brought to the house by
the gentleman from Pennsylvania, I think it would be in the best order
and in the best interests of the American public to defeat this bill in
final passage and sent it back to the full Committee on Foreign Affairs
to redo the language.''.
The SPEAKER pro tempore, Mr. KLECZKA, sustained the point of order,
and said:
``The gentleman from Indiana [Mr. Hamilton] makes a point of order
that the amendment contained in the motion to recommit with instructions
is not germane. The test of germaneness in this situation is to measure
the amendment against the bill in its perfected form. The bill, as
amended, appears to confine changes in law to those within the
jurisdiction of the Committee on Foreign Affairs.
``While section 10 does express the sense of Congress relating to
Iraqi refugees, the bill does not change the Immigration and Nationality
Act, other laws relating to admission of refugees, or contain other
matter within the jurisdiction of the Committee on the Judiciary.
``Since the amendment would change immigration law and the bill would
not, the Chair sustains the point of order.''.
Mr. MANZULLO moved to recommit the bill to the Committee on Foreign
Affairs with instructions to report the bill back to the House forthwith
with the following amendment:
Strike section 10(a) and insert the following:
SEC. 10. ADMISSION TO THE UNITED STATES AS REFUGEES OF
INDIVIDUALS WHO SERVED IN THE ARMED FORCES OF
IRAQ DURING THE PERSIAN GULF CONFLICT.
(a) Statement of Policy.--It is the sense of the Congress
that individuals who have served in the armed forces of Iraq
during the Persian Gulf conflict should not be admitted to
the United States as refugees under the Immigration and
Nationality Act except in exceptional circumstances.
After debate,
By unanimous consent, the previous question was ordered on the motion
to recommit with instructions.
The question being put, viva voce,
Will the House recommit said bill with instructions?
[[Page 725]]
The SPEAKER pro tempore, Mr. KLECZKA, announced that the yeas had it.
So the motion to recommit with instructions was agreed to.
Mr. HAMILTON, by direction of the Committee on Foreign Affairs and
pursuant to the foregoing order of the House reported the bill back to
the House with said amendment.
The question being put, viva voce,
Will the House agree to said amendment?
The SPEAKER pro tempore, Mr. KLECZKA, announced that the yeas had it.
So the amendment was agreed to.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. KLECZKA, announced that the yeas had it.
Mr. KANJORSKI demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
398
<3-line {>
affirmative
Nays
5
Para. 40.9 [Roll No. 146]
YEAS--398
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bunning
Burton
Buyer
Byrne
Callahan
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Fingerhut
Fish
Flake
Foglietta
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodling
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Horn
Houghton
Hoyer
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnson, Sam
Johnston
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--5
Filner
Holden
Kanjorski
Klink
McHale
NOT VOTING--29
Barlow
Bryant
Calvert
Clay
Condit
DeFazio
DeLauro
Derrick
English
Ford (MI)
Ford (TN)
Frost
Goodlatte
Gordon
Grandy
Huffington
Istook
Kyl
Lloyd
Murphy
Murtha
Pelosi
Quinn
Rush
Slattery
Stokes
Volkmer
Vucanovich
Washington
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 40.10 clerk to correct engrossment
On motion of Mr. HAMILTON, by unanimous consent,
Ordered, That in the engrossment of the foregoing bill, the Clerk be
authorized to change ``1993'' to ``1994'' in section 1 of the bill, to
correct duplicative section numbers of sections added to the bill during
the amendment process, and to make such other technical corrections as
may be necessary.
Para. 40.11 head start and community services
On motion of Mr. ARMEY, by unanimous consent, it was ordered that the
ordering of the yeas and nays be vacated on the motion to suspend the
rules and pass the bill (H.R. 4250) to authorize appropriations for
fiscal years 1995 through 1998 to carry out the Head Start Act and the
Community Services Block Grant Act, and for other purposes.
Para. 40.12 state department authorization
Mr. HAMILTON, pursuant to the order of the House of April 25, 1994,
called up the following conference report (Rept. No. 103-482):
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
2333), to authorize appropriations for the Department of
State, the United States Information Agency, and related
agencies, and for other purposes, having met, after full and
free conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--DEPARTMENT OF STATE AND RELATED AGENCIES
Part A--Authorization of Appropriations
Sec. 101. Administration of foreign affairs.
Sec. 102. International organizations, programs, and conferences.
Sec. 103. International commissions.
Sec. 104. Migration and refugee assistance.
Sec. 105. Other programs.
Sec. 106. United States Arms Control and Disarmament Agency.
Part B--Authorities and Activities
Sec. 121. Authorized strength of the Foreign Service.
Sec. 122. Transfers and reprogrammings.
Sec. 123. Expenses relating to certain international claims and
proceedings.
Sec. 124. Child care facilities at certain posts abroad.
[[Page 726]]
Sec. 125. Emergencies in the diplomatic and consular service.
Sec. 126. Role of the National Foreign Affairs Training Center.
Sec. 127. Consular authorities.
Sec. 128. Report on consolidation of administrative operations.
Sec. 129. Facilitating access to the Department of State building.
Sec. 130. Report on safety and security of United States personnel in
Sarajevo.
Sec. 131. Passport security.
Sec. 132. Record of place of birth for Taiwanese-Americans.
Sec. 133. Terrorism rewards and reports.
Sec. 134. Property agreements.
Sec. 135. Capital investment fund.
Sec. 136. Fees for commercial services.
Sec. 137. Personal services contracts abroad.
Sec. 138. Publishing international agreements.
Sec. 139. Repeal of reporting requirements.
Sec. 140. Visas.
Sec. 141. Local guard contracts abroad.
Sec. 142. Women's human rights protection.
Part C--Department of State Organization
Sec. 161. Organization of the Department of State.
Sec. 162. Technical and conforming amendments.
Sec. 163. Director General of the Foreign Service.
Sec. 164. Administrative expenses.
Part D--Personnel
SUBPART 1--GENERAL PROVISIONS
Sec. 171. Labor-management relations.
Sec. 172. Waiver of limitation for certain claims for personal property
damage or loss.
Sec. 173. Senior Foreign Service performance pay.
Sec. 174. Reassignment and retirement of former presidential
appointees.
Sec. 175. Report on classification of Senior Foreign Service positions.
Sec. 176. Allowances.
Sec. 177. Grievances.
Sec. 178. Mid-level women and minority placement program.
Sec. 179. Employment assistance referral system for certain members of
the Foreign Service.
Sec. 180. United States citizens hired abroad.
Sec. 181. Reduction in force authority with regard to certain members
of the Foreign Service.
Sec. 182. Restoration of withheld benefits.
SUBPART 2--FOREIGN LANGUAGE COMPETENCE WITHIN THE FOREIGN SERVICE
Sec. 191. Foreign language competence within the Foreign Service.
Sec. 192. Designation of Foreign Language Resources Coordinator.
Sec. 193. Foreign language services.
TITLE II--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
PROGRAMS
Part A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Part B--USIA and Related Agencies Authorities and Activities
Sec. 221. USIA office in Lhasa, Tibet.
Sec. 222. Changes in administrative authorities.
Sec. 223. Employment authority.
Sec. 224. Buying power maintenance account.
Sec. 225. Contract authority.
Sec. 226. United States transmitter in Kuwait.
Sec. 227. Fulbright-Hays Act Authorities.
Sec. 228. Separate ledger accounts for NED grantees.
Sec. 229. Coordination of United States exchange programs.
Sec. 230. Limitation concerning participation in international
expositions.
Sec. 231. Private sector opportunities.
Sec. 232. Authority to respond to public inquiries.
Sec. 233. Technical amendment relating to Near and Middle East research
and training.
Sec. 234. Distribution within the United States of certain materials of
the United States Information Agency.
Sec. 235. American studies collections.
Sec. 236. Educational and cultural exchanges with Tibet.
Sec. 237. Scholarships for East Timorese students.
Sec. 238. Cambodian scholarship and exchange programs.
Sec. 239. Increasing African participation in USIA exchange programs.
Sec. 240. Environment and sustainable development exchange program.
Sec. 241. South Pacific exchange programs.
Sec. 242. International exchange programs involving disability related
matters.
Part C--Mike Mansfield Fellowships
Sec. 251. Short title.
Sec. 252. Establishment of fellowship program.
Sec. 253. Program requirements.
Sec. 254. Separation of Government personnel during the fellowships.
Sec. 255. Mansfield Fellows on detail from Government service.
Sec. 256. Liability for repayments.
Sec. 257. Definitions.
TITLE III--UNITED STATES INTERNATIONAL BROADCASTING ACT
Sec. 301. Short title.
Sec. 302. Congressional findings and declaration of purposes.
Sec. 303. Standards and principles.
Sec. 304. Establishment of broadcasting Board of Governors.
Sec. 305. Authorities of the Board.
Sec. 306. Foreign policy guidance.
Sec. 307. International Broadcasting Bureau.
Sec. 308. Limits on grants for Radio Free Europe and Radio Liberty.
Sec. 309. Radio Free Asia.
Sec. 310. Transition.
Sec. 311. Preservation of American jobs.
Sec. 312. Privatization of Radio Free Europe and Radio Liberty.
Sec. 313. Requirement for authorization of appropriations.
Sec. 314. Definitions.
Sec. 315. Technical and conforming amendments.
TITLE IV--INTERNATIONAL ORGANIZATIONS
Part A--United Nations Reform and Peacekeeping Operations
Sec. 401. United Nations Office of Inspector General.
Sec. 402. United States participation in management of the United
Nations.
Sec. 403. Sense of the Senate on Department of Defense funding for
United Nations peacekeeping operations.
Sec. 404. Assessed contributions for United Nations peacekeeping
operations.
Sec. 405. United States personnel taken prisoner while serving in
multinational forces.
Sec. 406. Transmittals of certain United Nations documents.
Sec. 407. Consultations and reports.
Sec. 408. Transfers of excess defense articles for international
peacekeeping operations.
Sec. 409. Reform in budget decisionmaking procedures of the United
Nations and its specialized agencies.
Sec. 410. Limitation on contributions to the United Nations and
affiliated organizations.
Sec. 411. United Nations Security Council membership.
Sec. 412. Reforms in the World Health Organization.
Sec. 413. Reforms in the Food and Agriculture Organization.
Sec. 414. Sense of Congress regarding adherence to United Nations
Charter.
Sec. 415. Designated congressional committees.
Part B--General Provisions and Other International Organizations
Sec. 421. Agreement on State and local taxation.
Sec. 422. Conference on Security and Cooperation in Europe.
Sec. 423. International Boundary and Water Commission.
Sec. 424. United States membership in the Asian-Pacific Economic
Cooperation Organization.
Sec. 425. United States membership in the International Copper Study
Group.
Sec. 426. Extension of the International Organizations Immunities Act
to the International Union for Conservation of Nature and
Natural Resources.
Sec. 427. Inter-American organizations.
Sec. 428. Prohibition on contributions to the International Coffee
Organization.
Sec. 429. Prohibition on contributions to the International Jute
Organization.
Sec. 430. Migration and refugee amendments.
Sec. 431. Withholding of United States contributions for certain
programs of international organizations.
TITLE V--FOREIGN POLICY
Part A--General Provisions
Sec. 501. United States policy concerning overseas assistance to
refugees and displaced persons.
Sec. 502. Interparliamentary exchanges.
Sec. 503. Food as a human right.
Sec. 504. Transparency in armaments.
Sec. 505. Sense of the Senate concerning Inspector General Act.
Sec. 506. Torture convention implementation.
Sec. 507. United States policy concerning Iraq.
Sec. 508. High-level visits to Taiwan.
Sec. 509. Transfer of certain obsolete or surplus defense articles in
the War Reserve Allies Stockpile to the Republic of
Korea.
Sec. 510. Extension of the Fair Trade in Auto Parts Act of 1988.
Sec. 511. Report on the use of foreign frozen or blocked assets.
Sec. 512. Extension of certain adjudication provisions.
Sec. 513. Policy regarding the conditions which the Government of the
People's Republic of China should meet to continue to
receive nondiscriminatory most-favored-nation treatment.
Sec. 514. Implementation of Partnership for Peace.
Sec. 515. Policy toward Thailand, Cambodia, Laos, and Burma.
Sec. 516. Peace process in Northern Ireland.
Sec. 517. Policy with respect to the establishment of an international
criminal court.
[[Page 727]]
Sec. 518. International criminal court participation.
Sec. 519. Protection of first and fourth amendment rights.
Sec. 520. Policy on termination of United States arms embargo.
Sec. 521. Sense of Senate on relations with Vietnam.
Sec. 522. Report on sanctions on Vietnam.
Sec. 523. Report on People's Mujaheddin of Iran.
Sec. 524. Amendments to the PLO Commitments Compliance Act.
Sec. 525. Free trade in ideas.
Sec. 526. Embargo against Cuba.
Sec. 527. Expropriation of United States property.
Sec. 528. Report on Russian military operations in the independent
states of the former Soviet Union.
Sec. 529. United States policy on North Korea.
Sec. 530. Enforcement of nonproliferation treaties.
Sec. 531. Taiwan.
Sec. 532. Waiver of sanctions with respect to the Federal Republic of
Yugoslavia to promote democracy abroad.
Sec. 533. Freedom of information exemption for certain Open Skies
Treaty data.
Sec. 534. Effectiveness of democracy programs.
Sec. 535. Sense of Congress concerning United States citizens
victimized by Germany during World War II.
Sec. 536. Reporting requirements on occupied Tibet.
Part B--Spoils of War Act
Sec. 551. Short title.
Sec. 552. Transfers of spoils of war.
Sec. 553. Prohibition on transfers to countries which support
terrorism.
Sec. 554. Report on previous transfers.
Sec. 555. Definitions.
Sec. 556. Construction.
Part C--Anti-Economic Discrimination Act
Sec. 561. Short title.
Sec. 562. Israel's diplomatic status.
Sec. 563. Policy on Middle East arms sales.
Sec. 564. Prohibition on certain sales and leases.
Sec. 565. Prohibition on discriminatory contracts.
Part D--The Cambodian Genocide Justice Act
Sec. 571. Short title.
Sec. 572. Policy.
Sec. 573. Establishment of State Department Office.
Sec. 574. Reporting requirement.
Part E--Middle East Peace Facilitation
Sec. 581. Short title.
Sec. 582. Findings.
Sec. 583. Authority to suspend certain provisions.
TITLE VI--PEACE CORPS
Sec. 601. Authorization of appropriations.
Sec. 602. Amendments to the Peace Corps Act.
TITLE VII--ARMS CONTROL
Part A--Arms Control and Nonproliferation Act of 1994
Sec. 701. Short title; references in part; table of contents.
Sec. 702. Congressional declarations; purpose.
Sec. 703. Purposes.
Sec. 704. Repeals.
Sec. 705. Director.
Sec. 706. Bureaus, offices, and divisions.
Sec. 707. Scientific and Policy Advisory Committee.
Sec. 708. Presidential Special Representatives.
Sec. 709. Policy formulation.
Sec. 710. Negotiation management.
Sec. 711. Report on measures to coordinate research and development.
Sec. 712. Verification of compliance.
Sec. 713. Negotiating records.
Sec. 714. Authorities with respect to nonproliferation matters.
Sec. 715. Appointment and compensation of personnel.
Sec. 716. Security requirements.
Sec. 717. Reports.
Sec. 718. Funding.
Sec. 719. Conforming amendments.
Part B--Amendments to the Arms Export Control Act
Sec. 731. Limitation on authority to transfer excess defense articles.
Sec. 732. Reports under the Arms Export Control Act.
Sec. 734. Prohibition on incentive payments under the Arms Export
Control Act.
Sec. 735. Missile technology exports to certain Middle Eastern and
Asian countries.
Sec. 736. Notification of Congress on certain events involving the
Missile Technology Control Regime (MTCR).
Sec. 737. Control of reexports to terrorist countries.
TITLE VIII--NUCLEAR PROLIFERATION PREVENTION ACT
Sec. 801. Short title.
Part A--Reporting on Nuclear Exports
Sec. 811. Reports to Congress.
Part B--Sanctions for Nuclear Proliferation
Sec. 821. Imposition of sanction procurement on persons engaging in
export activities that contribute to proliferation.
Sec. 822. Eligibility for assistance.
Sec. 823. Role of international financial institutions.
Sec. 824. Prohibition on assisting nuclear proliferation through the
provision of financing.
Sec. 825. Export-Import Bank.
Sec. 826. Amendment to the Arms Export Control Act.
Sec. 827. Reward.
Sec. 828. Reports.
Sec. 829. Technical correction.
Sec. 830. Definitions.
Sec. 831. Effective date.
Part C--International Atomic Energy Agency
Sec. 841. Bilateral and multilateral initiatives.
Sec. 842. IAEA internal reforms.
Sec. 843. Reporting requirement.
Sec. 844. Definitions.
Part D--Termination
Sec. 851. Termination upon enactment of next Foreign Relations Act.
TITLE IX--COMMISSION ON PROTECTING AND REDUCING GOVERNMENT SECRECY
Sec. 901. Short title.
Sec. 902. Findings.
Sec. 903. Purpose.
Sec. 904. Composition of the Commission.
Sec. 905. Functions of the Commission.
Sec. 906. Powers of the Commission.
Sec. 907. Staff of the Commission.
Sec. 908. Compensation and travel expenses.
Sec. 909. Security clearances for Commission members and staff.
Sec. 910. Final report of Commission; termination.
TITLE I--DEPARTMENT OF STATE AND RELATED AGENCIES
PART A--AUTHORIZATION OF APPROPRIATIONS
SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.
(a) In General.--The following amounts are authorized to be
appropriated for the Department of State under
``Administration of Foreign Affairs'' to carry out the
authorities, functions, duties, and responsibilities in the
conduct of the foreign affairs of the United States and for
other purposes authorized by law, including the diplomatic
security program:
(1) Diplomatic and consular programs.--For ``Diplomatic and
Consular Programs'', of the Department of State
$1,704,589,000 for the fiscal year 1994 and $1,781,139,000
for the fiscal year 1995.
(2) Salaries and expenses.--For ``Salaries and Expenses'',
of the Department of State $396,722,000 for the fiscal year
1994 and $391,373,000 for the fiscal year 1995.
(3) Acquisition and maintenance of buildings abroad.--For
``Acquisition and Maintenance of Buildings Abroad'',
$381,481,000 for the fiscal year 1994 and $309,760,000 for
the fiscal year 1995.
(4) Representation allowances.--For ``Representation
Allowances'', $4,780,000 for the fiscal year 1994 and
$4,780,000 for the fiscal year 1995.
(5) Emergencies in the diplomatic and consular service.--
For ``Emergencies in the Diplomatic and Consular Service,
$7,805,000 for the fiscal year 1994 and $6,500,000 for the
fiscal year 1995.
(6) Office of the inspector general.--For ``Office of the
Inspector General'', $23,469,000 for the fiscal year 1994 and
$23,798,000 for the fiscal year 1995.
(7) Payment to the american institute in taiwan.--For
``Payment to the American Institute in Taiwan'', $15,165,000
for the fiscal year 1994 and $15,465,000 for the fiscal year
1995.
(8) Protection of foreign missions and officials.--For
``Protection of Foreign Missions and Officials'', $10,551,000
for the fiscal year 1994 and $10,079,000 for the fiscal year
1995.
(9) Repatriation loans.--For ``Repatriation Loans'',
$776,000 for the fiscal year 1994 and $776,000 for the fiscal
year 1995, for administrative expenses.
(b) Limitations.--
(1) Of the amounts authorized to be appropriated for
``Salaries and Expenses'' under subsection (a)(2) $500,000 is
authorized to be appropriated for the fiscal year 1994 and
$500,000 for the fiscal year 1995 for the Department of State
for the recruitment of Hispanic American students from United
States institutions of higher education with a high
percentage enrollment of Hispanic Americans and for the
training of Hispanic Americans for careers in the Foreign
Service and in international affairs.
(2) Of the amounts authorized to be appropriated for
``Diplomatic and Consular Programs'' under subsection
(a)(1)--
(A) $5,000,000 is authorized to be appropriated for each of
the fiscal years 1994 and 1995 for grants, contracts, and
other activities to conduct research and promote
international cooperation on environmental and other
scientific issues;
(B) $11,500,000 is authorized to be available for fiscal
year 1994 and $11,900,000 is authorized to be available for
fiscal year 1995, only for administrative expenses of the
bureau charged with carrying out the purposes of the
Migration and Refugee Assistance Act of 1962;
(D) $700,000 is authorized to be appropriated for each of
the fiscal years 1994 and 1995 to carry out the activities of
the Com-
[[Page 728]]
mission on Protecting and Reducing Government Secrecy
established under title IX of this Act and such amounts under
this subparagraph are authorized to remain available until
expended; and
(E) $400,000 is authorized to be appropriated for each of
the fiscal years 1994 and 1995 to carry out the activities of
the Office of Cambodian Genocide Investigations established
under title 5 of this Act.
(3) Of the amounts authorized to be appropriated for
``Acquisition and Maintenance of Buildings Abroad'' under
subsection (a)(3), $95,904,000 is authorized to be
appropriated for the fiscal year 1994 and $114,825,000 is
authorized to be appropriated for the fiscal year 1995 for
Maintenance of Buildings and Facility Rehabilitation.
(4) Of the amounts authorized to be appropriated for
``Protection of Foreign Missions and Officials'' in
subsection (a)(8)--
(A) $940,000 is authorized to be available to reimburse the
City of Seattle and the State of Washington for security
costs associated with the Asian Pacific Economic Cooperation
conference held in Seattle in November 1993, on a one-time-
only basis, and for purposes of obligation and expediture of
amounts under this subparagraph under Public Law 103-121 as
reimbursement for extraordinary protective services under
section 208 of title 3, United States Code, the limitations
of section 202(10) of title 3, United States Code (concerning
20 or more consulates) shall not apply; and
(B) $1,000,000 is authorized to be available for fiscal
year 1995 to reimburse State and local government agencies
for security costs associated with the Western Hemisphere
summit scheduled to be held in Miami, Florida in December
1994.
(c) Repeal.--Effective October 1, 1995, section 401(a)(3)
of the Omnibus Diplomatic Security and Antiterrorism Act of
1986 (Public Law 99-399) is repealed.
SEC. 102. INTERNATIONAL ORGANIZATIONS, PROGRAMS, AND
CONFERENCES.
(a) Assessed Contributions to International
Organizations.--There are authorized to be appropriated for
``Contributions to International Organizations'',
$865,885,000 for the fiscal year 1994 and $873,222,000 for
the fiscal year 1995 for the Department of State to carry out
the authorities, functions, duties, and responsibilities in
the conduct of the foreign affairs of the United States with
respect to international organizations and to carry out other
authorities in law consistent with such purposes.
(b) Assessed Contributions for International Peacekeeping
Activities.--There are authorized to be appropriated for
``Contributions for International Peacekeeping Activities'',
$401,607,000 for the fiscal year 1994 and $510,204,000 for
the fiscal year 1995 for the Department of State to carry out
the authorities, functions, duties, and responsibilities in
the conduct of the foreign affairs of the United States with
respect to international peacekeeping activities and to carry
out other authorities in law consistent with such purposes.
(c) Peacekeeping Operations.--There are authorized to be
appropriated for ``Peacekeeping Operations'', $75,623,000 for
the fiscal year 1994 and $75,000,000 for the fiscal year 1995
for the Department of State to carry out section 551 of
Public Law 87-195.
(d) Supplemental Peacekeeping.--In addition to amounts
authorized to be appropriated for such purpose by subsection
(b), there are authorized to be appropriated $670,000,000 for
``Assessed Contributions for International Peacekeeping
Activities'' for the period beginning on the date of
enactment of this Act and ending September 30, 1995.
(e) International Conferences and Contingencies.--There are
authorized to be appropriated for ``International Conferences
and Contingencies'', $6,000,000 for the fiscal year 1994 and
$6,000,000 for the fiscal year 1995 for the Department of
State to carry out the authorities, functions, duties, and
responsibilities in the conduct of the foreign affairs of the
United States with respect to international conferences and
contingencies and to carry out other authorities in law
consistent with such purposes.
(f) Foreign Currency Exchange Rates.--In addition to
amounts otherwise authorized to be appropriated by
subsections (a) and (b) of this section, there are authorized
to be appropriated such sums as may be necessary for each of
the fiscal years 1994 and 1995 to offset adverse fluctuations
in foreign currency exchange rates. Amounts appropriated
under this subsection shall be available for obligation and
expenditure only to the extent that the Director of the
Office of Management and Budget determines and certifies to
Congress that such amounts are necessary due to such
fluctuations.
(g) Withholding of Funds.--Notwithstanding any other
provision of law, the funds authorized to be appropriated for
``Contributions for International Organizations'' shall be
reduced in the amount of $118,875,000 for each of the fiscal
years 1994 and 1995, and for each year thereafter, unless the
President certifies to the Speaker of the House of
Representatives and the President of the Senate that no
United States agency or United Nations affiliated agency
grants any official status, accreditation, or recognition to
any organization which promotes, condones, or seeks the
legalization of pedophilia, or which includes as a subsidiary
or member any such organization.
SEC. 103. INTERNATIONAL COMMISSIONS.
The following amounts are authorized to be appropriated
under ``International Commissions'' for the Department of
State to carry out the authorities, functions, duties, and
responsibilities in the conduct of the foreign affairs of the
United States and for other purposes authorized by law:
(1) International boundary and water commission, united
states and mexico.--For ``International Boundary and Water
Commission, United States and Mexico''--
(A) for ``Salaries and Expenses'' $11,200,000 for the
fiscal year 1994 and $15,358,000 for the fiscal year 1995;
and
(B) for ``Construction'' $14,400,000 for the fiscal year
1994 and $10,398,000 for the fiscal year 1995.
(2) International boundary commission, united states and
canada.--For ``International Boundary Commission, United
States and Canada'', $740,000 for the fiscal year 1994 and
$740,000 for the fiscal year 1995.
(3) International joint commission.--For ``International
Joint Commission'', $3,550,000 for the fiscal year 1994 and
$3,550,000 for the fiscal year 1995.
(4) International fisheries commissions.--For
``International Fisheries Commissions'', $16,200,000 for the
fiscal year 1994 and $14,669,000 for the fiscal year 1995.
SEC. 104. MIGRATION AND REFUGEE ASSISTANCE.
(a) Authorization of Appropriations.--
(1) There are authorized to be appropriated for ``Migration
and Refugee Assistance'' for authorized activities,
$589,188,000 for the fiscal year 1994 and $592,000,000 for
the fiscal year 1995.
(2) There are authorized to be appropriated $80,000,000 for
the fiscal year 1994 and $80,000,000 for the fiscal year 1995
for assistance for refugees resettling in Israel.
(3) There are authorized to be appropriated $1,500,000 for
the fiscal year 1994 and $1,500,000 for the fiscal year 1995
for humanitarian assistance, including but not limited to,
food, medicine, clothing, and medical and vocational training
to persons displaced as a result of civil conflict in Burma,
including persons still within Burma.
(b) Availability of Funds.--Funds appropriated pursuant to
subsection (a) are authorized to be available until expended.
SEC. 105. OTHER PROGRAMS.
The following amounts are authorized to be appropriated for
the Department of State to carry out the authorities,
functions, duties, and responsibilities in the conduct of the
foreign affairs of the United States and for other purposes
authorized by law:
(1) United states bilateral science and technology
agreements.--For ``United States Bilateral Science and
Technology Agreements'', $4,275,000 for the fiscal year 1994.
(2) Asia foundation.--For ``Asia Foundation'', $16,000,000
for the fiscal year 1994 and $16,068,000 for the fiscal year
1995.
SEC. 106. UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY.
(a) Authorization of Appropriations.--There are authorized
to be appropriated to carry out the purposes of the Arms
Control and Disarmament Act--
(1) $53,500,000 for the fiscal year 1994 and $59,292,000
for the fiscal year 1995; and
(2) such sums as may be necessary for each of the fiscal
years 1994 and 1995 for increases in salary, pay, retirement,
other employee benefits authorized by law, and other
nondiscretionary costs, and to offset adverse fluctuations in
foreign currency exchange rates.
(b) Technical and Conforming Amendments.--Section 49 of the
Arms Control and Disarmament Act (22 U.S.C. 2589) is
amended--
(1) by striking subsection (a); and
(2) in the first sentence of subsection (b) by striking
``pursuant to this section'' and inserting ``to carry out
this Act''.
PART B--AUTHORITIES AND ACTIVITIES
SEC. 121. AUTHORIZED STRENGTH OF THE FOREIGN SERVICE.
(a) End Fiscal Year 1994 Levels.--The number of members of
the Foreign Service authorized to be employed as of September
30, 1994--
(1) for the Department of State, shall not exceed 9,100, of
whom not more than 820 shall be members of the Senior Foreign
Service;
(2) for the United States Information Agency, shall not
exceed 1,200, of whom not more than 175 shall be members of
the Senior Foreign Service; and
(3) for the Agency for International Development, not to
exceed 1,850, of whom not more than 250 shall be members of
the Senior Foreign Service.
(b) End Fiscal Year 1995 Levels.--The number of members of
the Foreign Service authorized to be employed as of September
30, 1995--
(1) for the Department of State, shall not exceed 9,100, of
whom not more than 770 shall be members of the Senior Foreign
Service;
(2) for the United States Information Agency, not to exceed
1,200, of whom not more than 165 shall be members of the
Senior Foreign Service; and
(3) for the Agency for International Development, not to
exceed 1,850, of whom not more than 240 shall be members of
the Senior Foreign Service.
(c) Definition.--For the purposes of this section, the term
``members of the Foreign Service'' is used within the meaning
of such term under section 103 of the Foreign Service Act of
1980 (22 U.S.C 3903), except that such term does not
include--
(1) members of the Service under paragraphs (6) and (7) of
such section;
(2) members of the Service serving under temporary resident
appointments abroad;
(3) members of the Service employed on less than a full-
time basis;
[[Page 729]]
(4) members of the Service subject to involuntary
separation in cases in which such separation has been
suspended pursuant to section 1106(8) of the Foreign Service
Act of 1980; and
(5) members of the Service serving under non-career limited
appointments.
(d) Waiver Authority.--(1) Subject to paragraph (2), the
Secretary of State and the Director of the United States
Information Agency may waive any limitation under subsection
(a) or (b) which applies to the Department of State or the
United States Information Agency, as the case may be, to the
extent that such waiver is necessary to carry on the foreign
affairs functions of the United States.
(2) Not less than 15 days before any agency head implements
a waiver under paragraph (1), such agency head shall notify
the Chairman of the Committee on Foreign Relations of the
Senate and the Speaker of the House of Representatives. Such
notice shall include an explanation of the circumstances and
necessity for such waiver.
SEC. 122. TRANSFERS AND REPROGRAMMINGS.
(a) Amendments to Section 24 of the State Department Basic
Authorities Act of 1956.--Section 24 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2696) is amended--
(1) in subsection (b)(7) by striking subparagraph (E);
(2) in subsection (d)(1)--
(A) by striking ``the second'' and inserting ``either'';
and
(B) by striking ``such second'' and inserting ``such'';
(3) in subsection (d)(2) by amending the first sentence to
read as follows: ``Amounts appropriated for the `Diplomatic
and Consular Programs' account may not exceed by more than 5
percent the amount specifically authorized to be appropriated
for such account for a fiscal year.''; and
(4) by striking subsection (d)(4).
(b) Diplomatic Construction Program.--Section 401 of the
Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22
U.S.C. 4851) is amended by striking subsections (c) and
(h)(3).
(c) Reprogramming.--Section 34 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2706) is amended in
subsection (a)(7) by striking ``$500,000'' and inserting
``$1,000,000''.
SEC. 123. EXPENSES RELATING TO CERTAIN INTERNATIONAL CLAIMS
AND PROCEEDINGS.
Section 38 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2710) is amended by adding at the end the
following new subsections:
``(c) Procurement of Services.--The Secretary of State may
use competitive procedures or procedures other than
competitive procedures to procure the services of experts for
use in preparing or prosecuting a proceeding before an
international tribunal or a claim by or against a foreign
government or other foreign entity, whether or not the expert
is expected to testify, or to procure other support services
for such proceedings or claims. The Secretary need not
provide any written justification for the use of procedures
other than competitive procedures when procuring such
services under this subsection and need not furnish for
publication in the Commerce Business Daily or otherwise any
notice of solicitation or synopsis with respect to such
procurement.
``(d) International Litigation Fund.--
``(1) Establishment.--In order to provide the Department of
State with a dependable, flexible, and adequate source of
funding for the expenses of the Department related to
preparing or prosecuting a proceeding before an international
tribunal, or a claim by or against a foreign government or
other foreign entity, there is established an International
Litigation Fund (hereafter in this subsection referred to as
the ``ILF''). The ILF may be available without fiscal year
limitation. Funds otherwise available to the Department for
the purposes of this paragraph may be credited to the ILF.
``(2) Reprogramming procedures.--Funds credited to the ILF
shall be treated as a reprogramming of funds under section 34
and shall not be available for obligation or expenditure
except in compliance with the procedures applicable to such
reprogrammings. This paragraph shall not apply to the
transfer of funds under paragraph (3).
``(3) Transfers of funds.--Funds received by the Department
of State from another agency of the United States Government
or pursuant to the Department of State Appropriations Act of
1937 (49 Stat. 1321, 22 U.S.C. 2661) to meet costs of
preparing or prosecuting a proceeding before an international
tribunal, or a claim by or against a foreign government or
other foreign entity, shall be credited to the ILF.
``(4) Use of funds.--Funds deposited in the ILF shall be
available only for the purposes of paragraph (1).''.
SEC. 124. CHILD CARE FACILITIES AT CERTAIN POSTS ABROAD.
Section 31 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2703) is amended in subsection (e) by
striking ``For the fiscal years 1992 and 1993, the'' and
inserting ``The''.
SEC. 125. EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE.
Section 4 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2671) is amended in subsection (c)--
(1) by striking ``and the Foreign Service''; and
(2) by striking ``an annual confidential'' and inserting
``a periodic''.
SEC. 126. ROLE OF THE NATIONAL FOREIGN AFFAIRS TRAINING
CENTER.
Chapter 7 of the Foreign Service Act of 1980 is amended--
(1) in the chapter title, by striking ``Foreign Service
Institute,'';
(2) in section 701 (22 U.S.C. 4021)--
(A) by striking the section title and inserting
``Institution for Training.'';
(B) in subsection (a)--
(i) by striking the subsection heading and inserting
``Institution or Center for Training'';
(ii) by striking ``the Foreign Service Institute
(hereinafter in this chapter referred to as the
`Institute')'' and inserting ``an institution or center for
training (hereinafter in this chapter referred to as the
`institution')''; and
(iii) by striking ``Institute'' and inserting
``institution''; and
(C) by adding at the end the following new subsection:
``(d)(1) The Secretary of State is authorized to provide
for special professional foreign affairs training and
instruction of employees of foreign governments through the
institution.
``(2) Training and instruction under paragraph (1) shall be
on a reimbursable or advance-of-funds basis. Such
reimbursements or advances to the Department of State may be
provided by an agency of the United States Government or by a
foreign government and shall be credited to the currently
available applicable appropriation account.
``(3) In making such training available to employees of
foreign governments, priority consideration should be given
to officials of newly emerging democratic nations and then to
such other countries as the Secretary determines to be in the
national interest of the United States.
``(4) The authorities of section 704 shall apply to
training and instruction provided under this section.''; and
(3) in sections 701(b), 702, 704, 705, and 707, by striking
``Foreign Service Institute'' and ``Institute'' each place
such terms appear and inserting ``institution''.
SEC. 127. CONSULAR AUTHORITIES.
(a) Persons Authorized To Issue Passports Abroad.--The Act
entitled ``An Act to regulate the issue and validity of
passports, and for other purposes'', approved July 3, 1926
(44 Stat. 887, 22 U.S.C. 211a) is amended by striking ``by
diplomatic representatives of the United States, and by such
consul generals, consuls, or vice consuls when in charge,''
and inserting ``by diplomatic and consular officers of the
United States, and by other employees of the Department of
State who are citizens of the United States,''.
(b) Notarial Authority.--The Act entitled ``An Act to
provide for the reorganization of the consular service of the
United States'', approved April 5, 1906 (34 Stat. 100, 22
U.S.C. 4221) is amended in section 7 by adding at the end
``Pursuant to such regulations as the Secretary of State may
prescribe, the Secretary may designate any other employee of
the Department of State who is a citizen of the United States
to perform any notarial function authorized to be performed
by a consular officer of the United States under this Act.''.
SEC. 128. REPORT ON CONSOLIDATION OF ADMINISTRATIVE
OPERATIONS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of State, jointly with the Director
of the United States Information Agency, the Director of the
Arms Control and Disarmament Agency, and the Administrator of
the Agency for International Development) shall submit, to
the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate, a report concerning the feasibility of consolidating
domestic administrative operations for the Department of
State, the Agency for International Development, the Arms
Control and Disarmament Agency and the United States
Information Agency. Such report shall include specific
recommendations for implementation.
SEC. 129. FACILITATING ACCESS TO THE DEPARTMENT OF STATE
BUILDING.
(a) Procedures To Facilitate Access.--The Department of
State shall maintain procedures to ensure that the members
and staff of the congressional committees of jurisdiction are
granted easy access to the Department of State in the conduct
of their duties.
(b) Parking.--The Department of State shall also make
available adequate parking for members and staff of the
congressional committees of jurisdiction in order to
facilitate attendance of meetings at the Department of State.
SEC. 130. REPORT ON SAFETY AND SECURITY OF UNITED STATES
PERSONNEL IN SARAJEVO.
Not later than 90 days after the date of enactment of this
Act, the Secretary of State shall report to the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate on the steps
taken to enhance the security and physical safety of United
States diplomatic personnel in Sarajevo, Bosnia-Hercegovina.
SEC. 131. PASSPORT SECURITY.
(a) Sense of Congress.--The Congress strongly urges the
Secretary of State to ensure that any new passport issuances
should, to the maximum extent practicable--
(1) be secure against counterfeiting, alteration,
duplication, or simulation;
(2) be easily verifiable with appropriate inspection by
public officials and private and commercial personnel; and
[[Page 730]]
(3) contain only United States-sourced materials and
technology.
(b) Report to Congress.--Not later than 30 days after the
date of enactment of this Act, the Secretary of State shall
submit a report to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives detailing actions taken by the Department of
State to accomplish the goals set forth in subsection (a).
SEC. 132. RECORD OF PLACE OF BIRTH FOR TAIWANESE-AMERICANS.
For purposes of the registration of birth or certification
of nationality of a United States citizen born in Taiwan, the
Secretary of State shall permit the place of birth to be
recorded as Taiwan.
SEC. 133. TERRORISM REWARDS AND REPORTS.
(a) Rewards for Information on Acts of International
Terrorism in the United States.--
(1) State Department Basic Authorities Act of 1956.--
Section 36 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2708) is amended in subsection (a) by
striking ``and is primarily outside the territorial
jurisdiction of the United States''.
(2) Notwithstanding section 36(g) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2708), in addition
to amounts otherwise available the Department of State may
expend not more than $4,000,000 in fiscal years 1994 and 1995
to pay rewards pursuant to section 36(a) of such Act.
(b) Annual Reports on Terrorism.--
(1) Section 140 of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989 (22 U.S.C. 2656f) is amended in
subsection (b)(2)--
(A) by striking ``and'' at the end of subparagraph (C);
(B) by striking the period at the end of subparagraph (D)
and inserting ``; and''; and
(C) by adding at the end the following:
``(E) efforts by the United States to eliminate
international financial support provided to those groups
directly or provided in support of their activities.''.
(2) Section 304(a) of the Foreign Relations Authorization
Act, Fiscal Years 1992 and 1993 (Public Law 102-138) is
amended--
(A) by striking ``Treasury'' and inserting ``Treasury, in
consultation with the Attorney General and appropriate
investigative agencies,''; and
(B) by inserting at the end ``Each such report shall
provide a detailed list and description of specific
assets.''.
SEC. 134. PROPERTY AGREEMENTS.
Whenever the Department of State enters into lease-purchase
agreements involving property in foreign countries pursuant
to section 1 of the Foreign Service Buildings Act (22 U.S.C.
292), the Department shall account for such transactions in
accordance with fiscal year obligations.
SEC. 135. CAPITAL INVESTMENT FUND.
(a) Establishment.--There is established within the
Department of State a Capital Investment Fund to provide for
the procurement of information technology and other related
capital investments for the Department of State and to ensure
the efficient management, coordination, operation, and
utilization of such resources.
(b) Funding.--Funds otherwise available for the purposes of
subsection (a) may be deposited in such Fund.
(c) Availability.--Amounts deposited into the Fund are
authorized to remain available until expended.
(d) Expenditures From the Fund.--Amounts deposited in the
Fund shall be available for expenditure to procure capital
equipment and information technology.
(e) Reprogramming Procedures.--Funds credited to the
Capital Investment Fund shall be treated as a reprogramming
of funds under section 34 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2710) and shall not be
available for obligation or expenditure except in compliance
with the procedures applicable to such reprogrammings.
SEC. 136. FEES FOR COMMERCIAL SERVICES.
Title I of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2669 et seq.) is amended by adding the
following new section at the end:
``SEC. 52. FEES FOR COMMERCIAL SERVICES.
``(a) Authority to Charge Fee.--(1) Subject to paragraph
(2), the Secretary of State is authorized to charge a fee to
cover the actual or estimated cost of providing any person,
firm or organization (other than agencies of the United
States Government) with commercial services at posts abroad
on matters within the authority of the Department of State.
``(2) The authority of this section may be exercised only
in countries where the Department of Commerce does not
perform commercial services for which it collects fees.
``(b) Use of Fees.--Funds collected under the authority of
subsection (a) shall be deposited as an offsetting collection
to any Department of State appropriation to recover the costs
of providing commercial services.''.
SEC. 137. PERSONAL SERVICES CONTRACTS ABROAD.
Section 2(c) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2669(c)) is amended by inserting before
the period ``; and such contracts are authorized to be
negotiated, the terms of the contracts to be prescribed, and
the work to be performed, where necessary, without regard to
such statutory provisions as relate to the negotiation,
making, and performance of contracts and performance of work
in the United States''.
SEC. 138. PUBLISHING INTERNATIONAL AGREEMENTS.
Section 112a of title 1 of the United States Code is
amended--
(1) by inserting ``(a)'' immediately before ``The Secretary
of State''; and
(2) by adding at the end the following new subsections:
``(b) The Secretary of State may determine that publication
of certain categories of agreements is not required, if the
following criteria are met:
``(1) such agreements are not treaties which have been
brought into force for the United States after having
received Senate advice and consent pursuant to section 2(2)
of Article II of the Constitution of the United States;
``(2) the public interest in such agreements is
insufficient to justify their publication, because (A) as of
the date of enactment of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995, the agreements are no longer
in force, (B) the agreements do not create private rights or
duties, or establish standards intended to govern government
action in the treatment of private individuals; (C) in view
of the limited or specialized nature of the public interest
in such agreements, such interest can adequately be satisfied
by an alternative means; or (D) the public disclosure of the
text of the agreement would, in the opinion of the President,
be prejudicial to the national security of the United States;
and
``(3) copies of such agreements (other than those in
paragraph (2)(D)), including certified copies where necessary
for litigation or similar purposes, will be made available by
the Department of State upon request.
``(c) Any determination pursuant to subsection (b) shall be
published in the Federal Register.''.
SEC. 139. REPEAL OF REPORTING REQUIREMENTS.
The following provisions of law are repealed:
(1) Section 37(d) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2709), relating to firearms
regulations for special agents.
(2) Section 214(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 4314), relating to
extraordinary protective services to foreign missions.
(3) Section 216(d) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 4316(d)), relating to
application of travel restrictions to personnel of certain
countries and organizations.
(4) Section 108 of the Foreign Relations Authorization Act,
Fiscal Year 1978 (22 U.S.C. 2151n-1), relating to Americans
incarcerated abroad.
(5) Section 512(b)(2) of the Foreign Relations
Authorization Act, Fiscal Year 1978 (22 U.S.C. 2428a(b)),
relating to withdrawal of United States troops from Korea.
(6) Section 412(b) of the Foreign Service Act of 1980 (22
U.S.C. 3972(b)), relating to special differentials for
Foreign Service officers.
(7) The second sentence of section 2207(c) of the Foreign
Service Act of 1980 (22 U.S.C. 4171(c)), relating to foreign
language competence requirements: exceptions.
(8) The second sentence of section 103(b) of the Department
of State Authorization Act, Fiscal Years 1982 and 1983 (22
U.S.C. 2656 note), relating to status of certain consulates
to be reopened.
(9) Section 9 of the Radio Broadcasting to Cuba Act (22
U.S.C. 1465g), relating to evaluation of Cuba service
programming.
(10) Section 130(c) of the Department of State
Authorization Act, Fiscal Years 1984 and 1985 (22 U.S.C. 3982
note), relating to merger of Foreign Service Information
Corps into the Foreign Service Corps.
(11) Section 207(b) of the Department of State
Authorization Act, Fiscal Years 1984 and 1985 (22 U.S.C. 2460
note), relating to foreign travel financed from the United
States Information Agency's private sector program.
(12) Section 120(d) of the Foreign Relations Authorization
Act, Fiscal Years 1986 and 1987 (Public Law 99-93), relating
to Foreign Service associates pilot project.
(13) Section 611 of the Foreign Relations Authorization
Act, Fiscal Years 1986 and 1987 (22 U.S.C. 4711), relating to
United States scholarship program for developing countries.
(14) Section 812(c) of the Foreign Relations Authorization
Act, Fiscal Years 1986 and 1987 (Public Law 99-93), relating
to Japan's fulfillment of its common defense commitments.
(15) Section 153(d) of the Foreign Relations Authorization
Act, Fiscal Years 1988 and 1989 (22 U.S.C. 4301 note; Public
Law 100-204), relating to United States-Soviet reciprocity in
matters relating to embassies.
(16) Section 1(5) of the joint resolution entitled ``Joint
resolution relating to NASA and the International Space
Year'', approved July 31, 1990 (Public Law 101-339), relating
to the international space year--1992.
(17) Section 232 of the Conventional Forces in Europe
Treaty Implementation Act of 1991 (Public Law 102-228),
relating to activities to reduce Soviet military threat.
(18) Section 401(c) of the Conventional Forces in Europe
Treaty Implementation Act of 1991 (22 U.S.C. 2551 note),
relating to the Arms Control and Disarmament Agency's
revitalization report.
(19) Section 708(c) of the Foreign Relations Authorization
Act, Fiscal Years 1988 and 1989 (22 U.S.C. 287 note) relating
to the protection of Tyre by UNIFIL.
[[Page 731]]
(20) Section 408(b) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 2349aa) relating to
perimeter security at United States embassies and consulates
abroad.
(21) Section 162(d) of the Foreign Relations Authorization
Act, Fiscal Years 1990 and 1991 (22 U.S.C. 287(e)) relating
to contributions to and procedures of the United Nations.
(22) Section 531(i) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1991 (22
U.S.C. 2370 note) relating to El Salvador.
(23) Section 724 of the International Security Development
Cooperation Act of 1981 (22 U.S.C. 2384) relating to
assistance to Nicaragua.
(24) Section 201(f) of the Fishery Conservation and
Management Act, 1976 (16 U.S.C. 1821(f)) relating to
assistance allocation of United States fish stock surplus.
(25) The second sentence of section 2207(c) of the Foreign
Service Act of 1980 (22 U.S.C. 4171) relating to foreign
language competence.
(26) Section 209A(b)(2) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 4309a) relating to United
States responsibility for employees of the United Nations.
(27) Section 117 of the Department of State Authorization
Act, Fiscal Years 1984 and 1985 (22 U.S.C. 287(b) note)
relating to policies pursued by other countries in the United
Nations.
SEC. 140. VISAS.
(a) Surcharge for Processing Certain Visas.--
(1) Notwithstanding any other provision of law, the
Secretary of State is authorized to charge a fee or surcharge
for processing machine readable nonimmigrant visas and
machine readable combined border crossing identification
cards and nonimmigrant visas.
(2) Fees collected under the authority of subsection (a)
shall be deposited as an offsetting collection to any
Department of State appropriation. Such fees shall remain
available for obligation until expended.
(3) For fiscal years 1994 and 1995, fees deposited under
the authority of paragraph (2) may not exceed a total of
$107,500,000. For subsequent fiscal years, fees may be
collected under the authority of paragraph (1) only in such
amounts as shall be prescribed in subsequent authorization
Acts.
(4) The provisions of the Act of August 18, 1856 (Revised
Statutes 1726-28; 22 U.S.C. 4212-14), concerning accounting
for consular fees shall not apply to fees collected under
this subsection.
(5) No fee or surcharge authorized under paragraph (1) may
be charged to a citizen of a country that is a signatory as
of the date of enactment of this Act to the North American
Free Trade Agreement, except that the Secretary of State may
charge such fee or surcharge to a citizen of such a country
if the Secretary determines that such country charges a visa
application or issuance fee to citizens of the United States.
(b) Automated Visa Lookout System.--Not later than 18
months after the date of the enactment of this Act, the
Secretary of State shall implement an upgrade of all overseas
visa lookout operations to computerized systems with
automated multiple-name search capabilities.
(c) Processing of Visas for Admission to the United
States.--
(1)(A) Beginning 24 months after the date of the enactment
of this Act, whenever a United States consular officer issues
a visa for admission to the United States, that official
shall certify, in writing, that a check of the Automated Visa
Lookout System, or any other system or list which maintains
information about the excludability of aliens under the
Immigration and Nationality Act, has been made and that there
is no basis under such system for the exclusion of such
alien.
(B) If, at the time an alien applies for an immigrant or
nonimmigrant visa, the alien's name is included in the
Department of State's visa lookout system and the consular
officer to whom the application is made fails to follow the
procedures in processing the application required by the
inclusion of the alien's name in such system, the consular
officer's failure shall be made a matter of record and shall
be considered as a serious negative factor in the officer's
annual performance evaluation.
(2) If an alien to whom a visa was issued as a result of a
failure described in paragraph (1)(B) is admitted to the
United States and there is thereafter probable cause to
believe that the alien was a participant in a terrorist act
causing serious loss of life or property in the United
States, the Secretary of State shall convene an
Accountability Review Board under the authority of title III
of the Omnibus Diplomatic Security and Antiterrorism Act of
1986.
(d) Access to the Interstate Identification Index.--
(1) Subject to paragraphs (2) and (3), the Department of
State Consolidated Immigrant Visa Processing Center shall
have on-line access, without payment of any fee or charge, to
the Interstate Identification Index of the National Crime
Information Center solely for the purpose of determining
whether a visa applicant has a criminal history record
indexed in such Index. Such access does not entitle the
Department of State to obtain the full content of automated
records through the Interstate Identification Index. To
obtain the full content of a criminal history record, the
Department shall submit a separate request to the
Identification Records Section of the Federal Bureau of
Investigation, and shall pay the appropriate fee as provided
for in the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Act, 1990 (Public Law 101-
162).
(2) The Department of State shall be responsible for all
one-time start-up and recurring incremental non-personnel
costs of establishing and maintaining the access authorized
in paragraph (1).
(3) The individual primarily responsible for the day-to-day
implementation of paragraph (1) shall be an employee of the
Federal Bureau of Investigation selected by the Department of
State, and detailed to the Department on a fully reimbursable
basis.
(4) Not later than December 31, 1996, the Secretary of
State and the Director of the Federal Bureau of Investigation
shall jointly submit to the Committee on Foreign Affairs and
the Committee on the Judiciary of the House of
Representatives, and the Committee on Foreign Relations and
the Committee on the Judiciary of the Senate, a report on the
effectiveness of the procedure authorized in this subsection.
(5) This subsection shall cease to have effect after
December 31, 1997.
SEC. 141. LOCAL GUARD CONTRACTS ABROAD.
Section 136 of the Foreign Relations Authorization Act,
Fiscal Years 1990 and 1991 (Public Law 101-246) is amended--
(1) in subsection (c)--
(A) in paragraph (2), by striking ``due to their distance
from the post'';
(B) by redesignating paragraphs (2) and (3) as paragraphs
(6) and (7) respectively; and
(C) by inserting after paragraph (1) the following:
``(2) absent compelling reasons, award such contracts
through the competitive process;
``(3) in evaluating and scoring proposals for such
contracts, award not less than 60 percent of the total points
on the basis of technical factors and subfactors;
``(4) in countries where contract denomination and/or
payment in local currencies constitutes a barrier to
competition by United States firms--
``(A) allow solicitations to be bid in United States
dollars; and
``(B) allow contracts awarded to United States firms to be
paid in United States dollars;
``(5) ensure that United States diplomatic and consular
posts assist United States firms in obtaining local licenses
and permits;''; and
(2) in subsection (d)--
(A) paragraph (1)(D), by striking ``and'' and inserting
``or''; and
(B) by adding at the end the following new paragraph (4):
``(4) the term `barrier to local competition' means--
``(A) conditions of extreme currency volatility;
``(B) restrictions on repatriation of profits;
``(C) multiple exchange rates which significantly
disadvantage United States firms;
``(D) government restrictions inhibiting the free
convertibility of foreign exchange; or
``(E) conditions of extreme local political instability.'';
(C) by striking ``and'' at the end of paragraph (2); and
(D) by striking the period at the end of paragraph (3) and
inserting ``; and''.
SEC. 142. WOMEN'S HUMAN RIGHTS PROTECTION.
(a) Sense of Congress.--The Congress makes the following
declarations:
(1) The State Department should designate a senior advisor
to the appropriate Undersecretary to promote international
women's human rights within the overall human rights policy
of the United States Government.
(2) The purpose of assigning a special assistant on women's
human rights issues is not, to segregate such issues, but
rather to assure that they are considered along with other
human rights issues in the development of United States
foreign policy.
(3) A specifically designated special assistant is
necessary because within the human rights field and the
foreign policy establishment, the issues of gender-based
discrimination and violence against women have long been
ignored or made invisible.
(4) The Congress believes that abuses against women would
have greater visibility and protection of women's human
rights would improve if the advocate were responsible for
integrating women's human rights issues into United States
foreign policy, bilateral assistance, multilateral diplomacy,
trade policy, and democracy promotion.
(b) Congressional Notification.--Not later than 180 days
after the date of enactment of this Act, the Secretary of
State shall notify the Congress of the steps taken to fulfill
the objectives detailed in subsection (a).
PART C--DEPARTMENT OF STATE ORGANIZATION
SEC. 161. ORGANIZATION OF THE DEPARTMENT OF STATE.
(a) Organization.--Section 1 of the State Department Basic
Authorities Act of 1956 is amended to read as follows:
``organization of the department of state
``Section 1. (a) Secretary of State.--
``(1) The Department of State shall be administered, in
accordance with this Act and other provisions of law, under
the supervision and direction of the Secretary of State
(hereinafter referred to as the `Secretary').
``(2) The Secretary shall be appointed by the President, by
and with the advice and consent of the Senate.
[[Page 732]]
``(3)(A) Notwithstanding any other provision of law and
except as provided in this section, the Secretary shall have
and exercise any authority vested by law in any office or
official of the Department of State. The Secretary shall
administer, coordinate, and direct the Foreign Service of the
United States and the personnel of the Department of State,
except where authority is inherent in or vested in the
President.
``(B)(i) The Secretary shall not have the authority of the
Inspector General or the Chief Financial Officer.
``(ii) The Secretary shall not have any authority given
expressly to diplomatic or consular officers.
``(4) The Secretary is authorized to promulgate such rules
and regulations as may be necessary to carry out the
functions of the Secretary of State and the Department of
State. Unless otherwise specified in law, the Secretary may
delegate authority to perform any of the functions of the
Secretary or the Department to officers and employees under
the direction and supervision of the Secretary. The Secretary
may delegate the authority to redelegate any such functions.
``(b) Under Secretaries.--There shall be in the Department
of State not more than 5 Under Secretaries of State, who
shall be appointed by the President, by and with the advice
and consent of the Senate, and who shall be compensated at
the rate provided for at level III of the Executive Schedule
under section 5314 of title 5, United States Code.
``(c) Assistant Secretaries.--
``(1) In general.--There shall be in the Department of
State not more than 20 Assistant Secretaries of State, each
of whom shall be appointed by the President, by and with the
advice and consent of the Senate, and who shall be
compensated at the rate provided for at level IV of the
Executive Schedule under section 5315 of title 5.
``(2) Assistant secretary of state for democracy, human
rights, and labor.--(A) There shall be in the Department of
State an Assistant Secretary of State for Democracy, Human
Rights, and Labor who shall be responsible to the Secretary
of State for matters pertaining to human rights and
humanitarian affairs (including matters relating to prisoners
of war and members of the United States Armed Forces missing
in action) in the conduct of foreign policy and such other
related duties as the Secretary may from time to time
designate. The Secretary of State shall carry out the
Secretary's responsibility under section 502B of the Foreign
Assistance Act of 1961 through the Assistant Secretary.
``(B) The Assistant Secretary of State for Democracy, Human
Rights, and Labor shall maintain continuous observation and
review all matters pertaining to human rights and
humanitarian affairs (including matters relating to prisoners
of war and members of the United States Armed Forces missing
in action) in the conduct of foreign policy including the
following:
``(i) Gathering detailed information regarding humanitarian
affairs and the observance of and respect for internationally
recognized human rights in each country to which requirements
of sections 116 and 502B of the Foreign Assistance Act of
1961 are relevant.
``(ii) Preparing the statements and reports to Congress
required under section 502B of the Foreign Assistance Act of
1961.
``(iii) Making recommendations to the Secretary of State
and the Administrator of the Agency for International
Development regarding compliance with sections 116 and 502B
of the Foreign Assistance Act of 1961, and as part of the
Assistant Secretary's overall policy responsibility for the
creation of United States Government human rights policy,
advising the Administrator of the Agency for International
Development on the policy framework under which section
116(e) projects are developed and consulting with the
Administrator on the selection and implementation of such
projects.
``(iv) Performing other responsibilities which serve to
promote increased observance of internationally recognized
human rights by all countries.
``(d) Deputy Assistant Secretaries.--There shall be in the
Department of State not more than 66 Deputy Assistant
Secretaries of State.
``(e) Other Senior Officials.--In addition to officials of
the Department of State who are otherwise authorized to be
appointed by the President, by and with the advice and
consent of the Senate, and to be compensated at level IV of
the Executive Schedule of section 5315 of title 5, United
States Code, four other such appointments are authorized.''.
(b) Application.--The amendments made by this section and
section 133 shall apply with respect to officials, offices,
and bureaus of the Department of State when executive orders,
regulations, or departmental directives implementing such
amendments become effective, or 90 days after the date of
enactment of this Act, whichever comes earlier.
(c) Transition.--Any officer of the Department of State
holding office on the date of the enactment of this Act shall
not be required to be reappointed to any other office, at the
Department of State at the same level performing similar
functions, as determined by the President, by reason of the
enactment of the amendments made by this section and section
162.
(d) References in Other Acts.--Except as specifically
provided in this Act, or the amendments made by this Act, a
reference in any other provision of law to an official or
office of the Department of State affected by the amendment
made by subsection (a) (other than the Inspector General of
the Department of State and the Chief Financial Officer of
the Department of State) shall be deemed to be a reference to
the Secretary of State or the Department of State, as may be
appropriate.
(e) Office of the Coordinator for Counterterrorism.--
Notwithstanding any other provision of this section, for not
less than one year after the date of the enactment of this
Act there shall be in the Department of State an Office of
the Coordinator for Counterterrorism which shall be headed by
a Coordinator for Counterterrorism. The office shall have the
same responsibilities and functions as the Office of the
Coordinator for Counterterrorism at the Department of State
had as of January 20, 1993.
(f) Deputy Assistant Secretary for Burdensharing.--
(1) Establishment.--None of the funds authorized to be
appropriated by this Act shall be available for obligation or
expenditure during fiscal year 1995 unless, not later than 90
days after the date of enactment of this Act, the Secretary
of State has established within the Department of State the
position of Deputy Assistant Secretary for Burdensharing, the
incumbent of which shall be an official of ambassadorial
rank, appointed by the President by and with the advice and
consent of the Senate.
(2) Responsibilities.--The Deputy Assistant Secretary for
Burdensharing shall perform such duties and exercise such
authorities as the Secretary of State shall prescribe,
including the principal duty of negotiations for the
following:
(A) Increased in-kind and financial support (including
increased payment of basing costs) by countries allied to the
United States for Department of Defense military units and
personnel assigned to permanent duty ashore outside the
United States in support of the security of such countries.
(B) Recoupment of funds associated with financial
commitments from such countries for paying the United States
the residual value of United States facilities in such
countries that the United States relinquishes to such
countries upon the termination of the use of such facilities
by the United States.
SEC. 162. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Act of May 26, 1949.--The Act entitled ``An Act to
strengthen and improve the organization and administration of
the Department of State, and for other purposes'' (May 26,
1949; Public Law 81-73; 22 U.S.C. 2652 et seq.) is repealed.
(b) Foreign Relations Authorization Act, Fiscal Year
1979.--Section 115 of the Foreign Relations Authorization
Act, Fiscal Year 1979 (22 U.S.C. 2652a) is amended by
striking subsection (a).
(c) Foreign Relations Authorization Act, Fiscal Years 1992
and 1993.--Section 122 of the Foreign Relations Authorization
Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2652b) is
amended--
(1) by striking subsection (c);
(2) in subsection (a) by striking ``, which is in addition
to the positions provided under the first section of the Act
of May 26, 1949 (22 U.S.C. 2652); and
(3) by striking subsection (d)(1).
(d) Title 5, United States Code.--
(1) Section 5314 of title 5, United States Code, is amended
by striking--
``Under Secretary of State for Political Affairs and Under
Secretary of State for Economic and Agricultural Affairs and
an Under Secretary of State for Coordinating Security
Assistance Programs and Under Secretary of State for
Management.
``Counselor of the Department of State.''
and inserting--
``Under Secretaries of State (5).''.
(2) Section 5315 of title 5, United States Code, is amended
by striking ``Assistant Secretaries of State (15).'', ``Legal
Adviser of the Department of State.'', ``Chief of Protocol,
Department of State.'', ``Assistant Secretary for Oceans and
International Environmental and Scientific Affairs,
Department of State.'', ``Assistant Secretary for
International Narcotics Matters, Department of State.'',
``Assistant Secretary for South Asian Affairs, Department of
State.'', and inserting ``20 Assistant Secretaries of State
and 4 other State Department officials to be appointed by the
President, by and with the advice and consent of the
Senate.''.
(e) Foreign Assistance Act of 1961.--The Foreign Assistance
Act of 1961 is amended--
(1) in section 116(c) (22 U.S.C. 2151n), by striking
``Assistant Secretary for Human Rights and Humanitarian
Affairs'' and inserting ``Assistant Secretary of State for
Democracy, Human Rights, and Labor'';
(2) in sections 502B(b) (22 U.S.C. 2304(b)), 502B(c)(1) (22
U.S.C. 2304(c)), and 505(g)(4)(A) (22 U.S.C. 2314(g)(4)(A))
by striking ``Human Rights and Humanitarian Affairs'' each
place it appears and inserting ``Democracy, Human Rights, and
Labor'';
(3) in section 573(c) by striking ``Human Rights and
Humanitarian Affairs'' and inserting ``Democracy, Human
Rights, and Labor''; and
(4) in section 624 by striking subsection (f).
(f) Arms Export Control Act.--Section 5(d)(1) of the Arms
Export Control Act is amended (22 U.S.C. 2755(d)(1)) by
striking ``Assistant Secretary of State for Human Rights and
Humanitarian Affairs'' and inserting ``Secretary of State''.
(g) Diplomatic Security Act.--The Omnibus Diplomatic
Security and Antiterrorism Act of 1986 is amended--
[[Page 733]]
(1) in section 102(b) (22 U.S.C. 4801(b)) by--
(A) striking paragraph (2); and
(B) redesignating paragraphs (3) through (6) as paragraphs
(2) through (5), respectively;
(2) in subsection 103(a)--
(A) by inserting ``(1)'' before ``The Secretary of State'';
(B) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively; and
(C) by inserting at the end the following new paragraph:
``(2) Security responsibilities shall include the
following:
``(A) Former office of security functions.--Functions and
responsibilities exercised by the Office of Security,
Department of State, before November 11, 1985.
``(B) Security and protective operations.--
``(i) Establishment and operations of post security and
protective functions abroad.
``(ii) Development and implementation of communications,
computer, and information security.
``(iii) Emergency planning.
``(iv) Establishment and operation of local guard services
abroad.
``(v) Supervision of the United States Marine Corps
security guard program.
``(vi) Liaison with American overseas private sector
security interests.
``(vii) Protection of foreign missions and international
organizations, foreign officials, and diplomatic personnel in
the United States, as authorized by law.
``(viii) Protection of the Secretary of State and other
persons designated by the Secretary of State, as authorized
by law.
``(ix) Physical protection of Department of State
facilities, communications, and computer and information
systems in the United States.
``(x) Conduct of investigations relating to protection of
foreign officials and diplomatic personnel and foreign
missions in the United States, suitability for employment,
employee security, illegal passport and visa issuance or use,
and other investigations, as authorized by law.
``(xi) Carrying out the rewards program for information
concerning international terrorism authorized by section
36(a) of the State Department Basic Authorities Act of 1956.
``(xii) Performance of other security, investigative, and
protective matters as authorized by law.
``(C) Counterterrorism planning and coordination.--
Development and coordination of counterterrorism planning,
emergency action planning, threat analysis programs, and
liaison with other Federal agencies to carry out this
paragraph.
``(D) Security technology.--Development and implementation
of technical and physical security programs, including
security-related construction, radio and personnel security
communications, armored vehicles, computer and communications
security, and research programs necessary to develop such
measures.
``(E) Diplomatic courier service.--Management of the
diplomatic courier service.
``(F) Personnel training.--Development of facilities,
methods, and materials to develop and upgrade necessary
skills in order to carry out this section.
``(G) Foreign government training.--Management and
development of antiterrorism assistance programs to assist
foreign government security training which are administered
by the Department of State under chapter 8 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2349aa et seq.).'';
(3) by striking section 104;
(4) by striking section 105;
(5) in section 107, by striking ``The Chief of Protocol of
the Department of State shall consult with the Assistant
Secretary of Diplomatic Security'' and inserting ``The
Secretary of State shall take into account security
considerations'';
(6) in title II by amending the title heading to read as
follows: ``TITLE II--PERSONNEL'';
(7) by amending section 201 to read as follows:
``SEC. 201. DIPLOMATIC SECURITY SERVICE.
``The Secretary of State may establish a Diplomatic
Security Service, which shall perform such functions as the
Secretary may determine.'';
(8) in section 202--
(A) by striking ``The'' in the first sentence and inserting
``Any such'';
(B) by striking ``shall'' each place it appears in the
first, third, and fourth sentences and inserting ``should'';
and
(C) by striking the last sentence;
(9) in section 203--
(A) by amending the heading to read as follows:
``SEC. 203. SPECIAL AGENTS.'';
(B) in the first sentence by striking ``Positions in the
Diplomatic Security Service'' and inserting ``Special agent
positions''; and
(C) in the last sentence by striking ``In the case of
positions designated for special agents, the'' and inserting
``The''; and
(10) in section 402(a)(2) by striking ``Assistant Secretary
for Diplomatic Security'' and inserting ``Secretary of
State''.
(h) Immigration and Nationality Act.--The Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(1) in section 101(a)(1) (8 U.S.C. 1101(a)(1)) by striking
``Assistant Secretary of State for Consular Affairs'' and
inserting ``official designated by the Secretary of State
pursuant to section 104(b) of this Act'';
(2) in section 104 (8 U.S.C. 1104)--
(A) in the heading by striking ``; bureau of consular
affairs'';
(B) in subsection (a), by striking ``the Bureau of Consular
Affairs'' and inserting ``the Administrator'';
(C) by amending subsection (b) to read as follows:
``(b) The Secretary of State shall designate an
Administrator who shall be a citizen of the United States,
qualified by experience. The Administrator shall maintain
close liaison with the appropriate committees of Congress in
order that they may be advised regarding the administration
of this Act by consular officers. The Administrator shall be
charged with any and all responsibility and authority in the
administration of this Act which are conferred on the
Secretary of State as may be delegated to the Administrator
by the Secretary of State or which may be prescribed by the
Secretary of State, and shall perform such other duties as
the Secretary of State may prescribe.'';
(D) in subsection (c), by striking ``Bureau'' and inserting
``Department of State''; and
(E) in subsection (d), by striking all after
``respectively'' before the period.
(3) in section 105 (8 U.S.C. 1105) by striking ``Assistant
Secretary of State for Consular Affairs'' and inserting
``Administrator'' each place it appears.
(i) Department of State Appropriations Act, 1989.--Section
306 of the Department of State Appropriations Act, 1989
(Public Law 100-459) is repealed.
(j) Department of Defense Appropriations Act, Fiscal Year
1989.--Section 8125 of the Department of Defense
Appropriations Act, Fiscal Year 1989 (Public Law 100-463) is
amended by striking subsection (c).
(k) State Department Basic Authorities Act of 1956.--(1)
Section 35 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2707) is amended--
(A) by striking subsection (a); and
(B) in subsection (b)--
(i) by striking the text preceding paragraph (1) and
inserting the following: ``The Secretary of State shall be
responsible for formulation, coordination, and oversight of
foreign policy related to international communications and
information policy. The Secretary of State shall--'';
(ii) by striking paragraph (2);
(iii) by redesignating paragraph (1) as paragraph (2);
(iv) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) exercise primary authority for the conduct of foreign
policy with respect to such telecommunications functions,
including the determination of United States positions and
the conduct of United States participation in negotiations
with foreign governments and international bodies. In
exercising this responsibility, the Secretary shall
coordinate with other agencies as appropriate, and, in
particular, shall give full consideration to the authority
vested by law or Executive order in the Federal
Communications Commission, the Department of Commerce and the
Office of the United States Trade Representative in this
area;'';
(v) in paragraph (2) (as so redesignated) by striking
``with the bureaus and offices of the Department of State
and'', and inserting before the semicolon ``and with the
Federal Communications Commission, as appropriate''; and
(vi) in paragraph (3), by striking ``the Senior Interagency
Group on International Communications and Information
Policy'' and inserting ``any senior interagency policymaking
group on international telecommunications and information
policy and chair such interagency meetings as may be
necessary to coordinate actions on pending issues;''.
(2) Nothing in the amendments made by paragraph (1) affects
the nature or scope of the authority that is on the date of
enactment of this Act vested by law or Executive order in the
Department of Commerce, the Office of the United States Trade
Representative, the Federal Communications Commission, or any
officer thereof.
(3) Section 3 of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2670) is amended--
(A) by striking ``and'' at the end of subsection (k);
(B) by striking the period at the end of subsection (l) and
inserting ``; and''; and
(C) by adding at the end the following:
``(m) establish, maintain, and operate passport and
dispatch agencies.''.
(4) Section 2 of the State Department Basic Authorities Act
of 1956 is amended by striking ``(l) pay'' and inserting
``(m) pay''.
(m) Refugee Act of 1980.--The Refugee Act of 1980 (Public
Law 96-212) is amended--
(1) in the heading for title III, by striking ``UNITED
STATES COORDINATOR FOR REFUGEE AFFAIRS AND'';
(2) by striking the heading for part A;
(3) by repealing section 301; and
(4) by striking the heading for part B.
(n) Immigration and Nationality Act.--
(1) Section 411(b) of the Immigration and Nationality Act
(8 U.S.C. 1521(b)) is amended by striking ``and under the
general policy guidance of the United States Coordinator for
Refugee Affairs (hereinafter in this chapter referred to as
the `Coordinator')'' and inserting ``the Secretary of
State''.
(2) Section 412 of the Immigration and Nationality Act (8
U.S.C. 1522) is amended--
(A) in subsection (a)(2)(A), by striking ``, together with
the Coordinator,'';
(B) in subsections (b)(3) and (b)(4), by striking ``in
consultation with the Coordinator,''; and
[[Page 734]]
(C) in subsection (e)(7)(C), by striking ``, in
consultation with the United States Coordinator for Refugee
Affairs,''.
(3) Section 413(a) of the Immigration and Nationality Act
(8 U.S.C. 1523) is amended by striking ``, in consultation
with the Coordinator,''.
(o) State Department Basic Authorities Act.--Title II of
the State Department Basic Authorities Act of 1956 (22 U.S.C.
4301 et seq.) is amended--
(1) in section 202(a) by striking paragraph (3) and
redesignating paragraphs (4) through (8) as paragraphs (3)
through (7);
(2) in section 203 by amending such section to read as
follows:
``authorities of the secretary of state
``Sec. 203. The Secretary shall carry out the following
functions:
``(1) Assist agencies of Federal, State, and municipal
government with regard to ascertaining and according
benefits, privileges, and immunities to which a foreign
mission may be entitled.
``(2) Provide or assist in the provision of benefits for or
on behalf of a foreign mission in accordance with section
204.
``(3) As determined by the Secretary, dispose of property
acquired in carrying out the purposes of this Act.
``(4) As determined by the Secretary, designate an office
within the Department of State to carry out the purposes of
this Act. If such an office is established, the President may
appoint, by and with the advice and consent of the Senate, a
Director, with the rank of ambassador. Of the Director and
the next most senior person in the office, one should be an
individual who has served in the Foreign Service and the
other should be an individual who has served in the United
States intelligence community.
``(5) Perform such other functions as the Secretary may
determine necessary in furtherance of the policy of this
title.'';
(3) in section 204--
(A) in subsections (a), (b), and (c), by striking
``Director'' each place it appears and inserting
``Secretary''; and
(B) in paragraph (d), by striking ``the Director or any
other'' and inserting ``any'';
(4) in section 204A, by striking ``Director'' each place it
appears and inserting ``Secretary'';
(5) in section 205--
(A) in subsection (a), by striking ``Director'' and
inserting ``Secretary''; and
(B) in subsection (c)(2) by striking ``authorize the
Director to''; and
(6) in section 208--
(A) in subsection (d) by striking ``Director'' and
inserting in its place ``Secretary'';
(B) in subsections (c), (e), and (f), by striking ``Office
of Foreign Missions'' each place it appears and inserting
``Department of State''; and
(C) in subsection (h)(2) by striking ``Director or the''.
(p) Office of Counselor; Legal Adviser.--
(1) The Act entitled ``An Act to create the Office of
Counselor of the United States'' (May 18, 1937; Public Law
75-91; 22 U.S.C. 2655) is repealed.
(2) The Act entitled ``An Act for the reorganization and
improvement of the Foreign Service of the United States and
for other purposes'' (May 24, 1924; Public Law 68-135; 22
U.S.C. 2654) is amended by striking section 30.
(q) Amendment to the Department of State Appropriations
Authorization Act of 1973.--Section 9 of the Department of
State Appropriations Authorization Act of 1973 (22 U.S.C.
2655) is amended--
(1) in subsection (a)--
(A) by striking ``In addition to the positions provided
under the first section of the Act of May 26, 1949, as
amended (22 U.S.C. 2652), there'' and inserting ``There'';
and
(B) by inserting before the period at the end of the
subsection ``and for such other related duties as the
Secretary may from time to time designate''; and
(2) by striking subsection (b).
SEC. 163. DIRECTOR GENERAL OF THE FOREIGN SERVICE.
Section 208 of the Foreign Service Act of 1980 (22 U.S.C.
3928) is amended to read as follows:
``SEC. 208. DIRECTOR GENERAL OF THE FOREIGN SERVICE.
``The President shall appoint, by and with the advice and
consent of the Senate, a Director General of the Foreign
Service, who shall be a current or former career member of
the Foreign Service. The Director General should assist the
Secretary of State in the management of the Service and
perform such functions as the Secretary of State may
prescribe.''.
SEC. 164. ADMINISTRATIVE EXPENSES.
(a) Administrative Expenses for Narcotics, Terrorism, and
Crime.--Section 482 of the Foreign Assistance Act of 1961 (22
U.S.C. 2291a) is amended by adding the following new
subsection:
``(d) Administrative Assistance.--(1) Except as provided in
paragraph (2), personnel funded pursuant to this section are
authorized to provide administrative assistance to personnel
assigned to the bureau designated by the Secretary of State
to replace the Bureau for International Narcotics Matters.
``(2) Paragraph (1) shall not apply to the extent that it
would result in a reduction in funds available for
antinarcotics assistance to foreign countries.''.
(b) Amendment to the Migration and Refugee Assistance
Act.--Section 5 of the Migration and Refugee Assistance Act
(22 U.S.C. 2605) is amended by adding at the end the
following new subsection:
``(c) Personnel funded pursuant to this section are
authorized to provide administrative assistance to personnel
assigned to the bureau charged with carrying out this Act.''.
PART D--PERSONNEL
Subpart 1--General Provisions
SEC. 171. LABOR-MANAGEMENT RELATIONS.
Section 1017(e) of the Foreign Service Act of 1980 (22
U.S.C. 4117(e)) is amended to read as follows:
``(e)(1) Notwithstanding any other provision of this
chapter--
``(A) participation in the management of a labor
organization for purposes of collective bargaining or acting
as a representative of a labor organization for such purposes
is prohibited under this chapter--
``(i) on the part of any management official or
confidential employee;
``(ii) on the part of any individual who has served as a
management official or confidential employee during the
preceding two years; or
``(iii) on the part of any other employee if the
participation or activity would result in a conflict of
interest or apparent conflict of interest or would otherwise
be incompatible with law or with the official functions of
such employee; and
``(B) service as a management official or confidential
employee is prohibited on the part of any individual having
participated in the management of a labor organization for
purposes of collective bargaining or having acted as a
representative of a labor organization during the preceding
two years.
``(2) For the purposes of paragraph (1)(A)(ii) and
paragraph (1)(B), the term `management official' shall not
include chiefs of mission, principal officers and their
deputies, and administrative and personnel officers
abroad.''.
SEC. 172. WAIVER OF LIMITATION FOR CERTAIN CLAIMS FOR
PERSONAL PROPERTY DAMAGE OR LOSS.
(a) Claims Resulting From Emergency Evacuation in a Foreign
Country.--Subsection 3721(b) of title 31 of the United States
Code is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding after paragraph (1), as so designated, the
following:
``(2) The Secretary of State may waive the settlement and
payment limitation referred to in paragraph (1) for claims
for damage or loss by United States Government personnel
under the jurisdiction of a chief of mission in a foreign
country if such claims arise in circumstances where there is
in effect a departure from the country authorized or ordered
under circumstances described in section 5522(a) of title 5,
if the Secretary determines that there exists exceptional
circumstances that warrant such a waiver.''.
(b) Retroactive Application.--The amendments made by
subsection (a) shall apply with respect to claims arising on
or after October 31, 1988.
SEC. 173. SENIOR FOREIGN SERVICE PERFORMANCE PAY.
(a) Prohibition on Awards.--Notwithstanding any other
provision of law, the Secretary of State may not award or pay
performance payments for fiscal years 1994 and 1995 under
section 405 of the Foreign Service Act of 1980 (22 U.S.C.
3965), unless the Secretary awards or pays performance awards
to other Federal employees for such fiscal years.
(b) Awards in Subsequent Fiscal Years.--The Secretary may
not make a performance award or payment in any fiscal year
after a fiscal year referred to in subsection (a) for the
purpose of providing an individual with a performance award
or payment to which the individual would otherwise have been
entitled in a fiscal year referred to in such subsection but
for the prohibition described in such subsection.
(c) Application to USIA, AID, and ACDA.--Subsections (a)
and (b) shall apply to the United States Information Agency,
the Agency for International Development, and the Arms
Control and Disarmament Agency in the same manner as such
subsections apply to the Department of State, except that the
Director of the United States Information Agency, the
Administrator of the Agency for International Development,
and the Director of the Arms Control and Disarmament Agency
shall be subject to the limitations and authority of the
Secretary of State under subsections (a) and (b) for their
respective agencies.
(d) Amendment to Foreign Service Act of 1980.--Section
405(b)(4) of the Foreign Service Act of 1980 (22 U.S.C.
3965(b)(4)) is amended to read as follows:
``(4) Any award under this section shall be subject to the
limitation on certain payments under section 5307 of title 5,
United States Code.''.
SEC. 174. REASSIGNMENT AND RETIREMENT OF FORMER PRESIDENTIAL
APPOINTEES.
Section 813 of the Foreign Service Act of 1980 (22 U.S.C.
4053) is amended by striking all that follows the section
caption and inserting the following:
``(a) A participant, who completes an assignment under
section 302(b) in a position to which the participant was
appointed by the President, and is not otherwise eligible for
retirement--
``(1) shall be reassigned within 90 days after the
termination of such assignment and any period of authorized
leave, or
``(2) if the Secretary of State determines that
reassignment is not in the interest of the Foreign Service,
shall be retired from the Service and receive retirement
benefits
[[Page 735]]
in accordance with section 806 or 855, as appropriate.
``(b) A participant who completes an assignment under
section 302(b) in a position to which the participant was
appointed by the President and is eligible for retirement and
is not reassigned within 90 days after the termination of
such assignment and any period of authorized leave, shall be
retired from the Service and receive retirement benefits in
accordance with section 806 or section 855, as appropriate.
``(c) A participant who is retired under subsection (a)(2)
and is subsequently employed by the United States Government,
thereafter, shall be eligible to retire only under the terms
of the applicable retirement system.''.
SEC. 175. REPORT ON CLASSIFICATION OF SENIOR FOREIGN SERVICE
POSITIONS.
(a) Audit and Review.--Not later than December 31, 1994,
the Comptroller General of the United States shall conduct a
classification audit of all Senior Foreign Service positions
in Washington, District of Columbia, assigned to the
Department of State, the Agency for International
Development, and the United States Information Agency and
shall review the methods for classification of such
positions.
(b) Report.--Not later than March 1, 1995, the Comptroller
General shall submit a report of such audit and review to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives.
SEC. 176. ALLOWANCES.
(a) Away-From-Post Education Allowance.--Section 5924(4)(A)
of title 5, United States Code, is amended by inserting after
the first sentence the following: ``When travel from school
to post is infeasible, travel may be allowed between the
school attended and the home of a designated relative or
family friend or to join a parent at any location, with the
allowable travel expense not to exceed the cost of travel
between the school and the post.''.
(b) Educational Travel for College Students Studying
Abroad.--Section 5924(4)(B) of title 5, United States Code,
is amended in the first sentence after ``in the United
States'' by inserting ``(or to and from a school outside the
United States if the dependent is attending that school for
less than one year under a program approved by the school in
the United States at which the dependent is enrolled, with
the allowable travel expense not to exceed the cost of travel
to and from the school in the United States)''.
SEC. 177. GRIEVANCES.
(a) Grievance Board Procedures.--Section 1106 of the
Foreign Service Act of 1980 (22 U.S.C. 4136) is amended in
the first sentence of paragraph (8) by striking ``until the
Board has ruled upon the grievance.'' and inserting ``until
the date which is one year after such determination or until
the Board has ruled upon the grievance, whichever comes
first. The Board shall extend the one-year limitation under
the preceding sentence and the Department shall continue to
suspend such action, if the Board determines that the agency
or the Board is responsible for the delay in the resolution
of the grievance. The Board may also extend the 1-year limit
if it determines that the delay is due to the complexity of
the case, the unavailability of witnesses or to circumstances
beyond the control of the agency, the Board or the
grievant.''.
(b) Time Limitation on Requests for Judicial Review.--
Section 1110 of the Foreign Service Act of 1980 (22 U.S.C.
4140) is amended in the first sentence by inserting before
the period ``, if the request for judicial review is filed
not later than 180 days after the final action of the
Secretary or the Board (or in the case of an aggrieved party
who is posted abroad at the time of the final action of the
Secretary or the Board, if the request for judicial review is
filed not later than 180 days after the aggrieved party's
return to the United States)''.
SEC. 178. MID-LEVEL WOMEN AND MINORITY PLACEMENT PROGRAM.
(a) Purpose.--It is the purpose of this section to promote
the acquisition and retention of highly qualified, trained,
and experienced women and minority personnel within the
Foreign Service, to provide the maximum opportunity for the
Foreign Service to meet staffing needs and to acquire the
services of experienced and talented women and minority
personnel, and to help alleviate the impact of downsizing,
reduction-in-force, and budget restrictions occurring in the
defense and national security-related agencies of the United
States.
(b) Establishment.--For each of the fiscal years 1994 and
1995, the Secretary of State shall to the maximum extent
practicable appoint to the Foreign Service qualified women
and minority applicants who are participants in the priority
placement program of the Department of Defense, the
Department of Defense out-placement referral program, the
Office of Personnel Management Automated Applicant Referral
System, or the Office of Personnel Management Interagency
Placement Program. The Secretary shall make such appointments
through the mid-level entry program of the Department of
State under section 306 of the Foreign Service Act of 1980.
(c) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary of State shall prepare
and submit a report concerning the implementation of
subsection (a) to the Chairman of the Committee on Foreign
Relations of the Senate and the Speaker of the House of
Representatives. Such report shall include recommendations on
methods to improve implementation of the purpose of this
section.
SEC. 179. EMPLOYMENT ASSISTANCE REFERRAL SYSTEM FOR CERTAIN
MEMBERS OF THE FOREIGN SERVICE.
(a) Referral System.--Certain members of the Foreign
Service (as described in subsection (b)), may participate in
the Office of Personnel Management's Interagency Placement
programs or any successor program. Such members of the
Foreign Service shall be treated in the same manner as
employees participating in such a program as of the effective
date of this Act.
(b) Certain Members of the Foreign Service.--For purposes
of this section, the term ``members of the Foreign Service''
means individual holding a career or career candidate
appointment under chapter 3 of the Foreign Service Act of
1980.
SEC. 180. UNITED STATES CITIZENS HIRED ABROAD.
(a) Amendments to the Foreign Service Act of 1980.--The
Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) is
amended as follows:
(1) Section 309(b) of such Act is amended--
(A) by striking ``and'' at the end of paragraph (3);
(B) by striking the period at the end of paragraph (4); and
(C) by inserting at the end ``; and (5) as a foreign
national employee.''.
(2) Section 311 of such Act is amended to read as follows:
``(a) The Secretary, under section 303, may appoint United
States citizens, who are family members of government
employees assigned abroad or are hired for service at their
post of residence, for employment in positions customarily
filled by Foreign Service officers, Foreign Service
personnel, and foreign national employees.
``(b) The fact that an applicant for employment in a
position referred to in subsection (a) is a family member of
a Government employee assigned abroad shall be considered an
affirmative factor in employing such person.
``(c)(1) Non-family members employed under this section for
service at their post of residence shall be paid in
accordance with local compensation plans established under
section 408.
``(2) Family members employed under this section shall be
paid in accordance with the Foreign Service Schedule or the
salary rates established under section 407.
``(3) In exceptional circumstances, non-family members may
be paid in accordance with the Foreign Service Schedule or
the salary rates established under section 407, if the
Secretary determines that the national interest would be
served by such payments.
``(d) Nonfamily member United States citizens employed
under this section shall not be eligible for benefits under
chapter 8 of this Act, or under chapters 83 or 84 of title 5,
United States Code.''.
(3) Section 404(a) of such Act is amended by striking ``who
are family members of Government employees paid in accordance
with a local compensation plan established under''.
(4) Section 408 of such Act is amended--
(A) in subsection (a)(1) by striking the first sentence and
inserting ``The Secretary shall establish compensation
(including position classification) plans for foreign
national employees of the Service and United States citizens
employed under section 311(c)(1).'';
(B) in the second sentence of subsection (a)(1), by
striking ``employed in the Service abroad who were hired
while residing abroad and to those family members of
Government employees who are paid in accordance with such
plans'';
(C) in the third sentence of subsection (a)(1), by striking
``foreign national'' each place it appears; and
(D) by adding at the end of subsection (a)(1) the
following: ``For United States citizens under a compensation
plan, the Secretary shall (A) provide such citizens with a
total compensation package (including wages, allowances,
benefits, and other employer payments, such as for social
security) that has the equivalent cost to that received by
foreign national employees occupying a similar position at
that post and (B) define those allowances and benefits
provided under United States law which shall be included as
part of this total compensation package, notwithstanding any
other provision of law, except that this section shall not be
used to override United States minimum wage requirements, or
any provision of the Social Security Act or the Internal
Revenue Code.
(5) Section 504(b) of such Act is amended by inserting
``(other than those employed in accordance with section
311)'' after ``citizen of the United States''.
(6) Section 601(b)(2) of such Act is amended--
(A) by striking ``and'' the last place it appears; and
(B) by inserting ``and other members of the Service'' after
``categories of career candidates,''.
(7) Section 611 of such Act is amended by striking all that
follows ``Foreign Service Schedule'' and inserting ``or who
is paid in accordance with section 407 or is a United States
citizen paid under a compensation plan under section 408.''.
(8) Section 903(a) of such Act is amended by inserting
``(other than a member employed under section 311)'' after
``member of the Service'' each place it appears.
(9) Section 1002(8)(A) of such Act is amended by inserting
``a member of the Service who is a United States citizen
(other than a
[[Page 736]]
family member) employed under section 311,'' after ``a
consular agent,''.
(10) Section 1101(a)(1) of such Act is amended by inserting
``(other than a United States citizen employed under section
311 who is not a family member)'' after ``citizen of the
United States''.
(b) Amendments to the State Department Basic Authorities
Act of 1956.--Section 2(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2669(c)) is amended by
inserting before the period: ``; and such contracts are
authorized to be negotiated, the terms of the contracts to be
prescribed, and the work to be performed, where necessary,
without regard to such statutory provisions as relate to the
negotiation, making, and performance of contracts and
performance of work in the United States''.
SEC. 181. REDUCTION IN FORCE AUTHORITY WITH REGARD TO CERTAIN
MEMBERS OF THE FOREIGN SERVICE.
(a) In General.--The Foreign Service Act of 1980 (22 U.S.C.
4001 et seq.) is amended as follows:
(1) By redesignating sections 611, 612, and 613 as sections
612, 613, and 614, respectively.
(2) By inserting after section 610 the following new
section:
``SEC. 611. REDUCTIONS IN FORCE.
``(a) The Secretary may conduct reductions in force and
shall prescribe regulations for the separation of members of
the Service holding a career or career candidate appointment
under chapter 3 of this Act, under such reductions in force
which give due effect to the following:
``(1) Organizational changes.
``(2) Documented employee knowledge, skills, or
competencies.
``(3) Tenure of employment.
``(4) Documented employee performance.
``(5) Military preference, subject to section 3501(a)(3) of
title 5, United States Code.
``(b) The provisions of section 609 shall be applicable to
any member of the Service holding a career or career
candidate appointment under chapter 3 of this Act, who is
separated under the provisions of this section.
``(c) An employee against whom action is taken under this
section may elect either to file a grievance under chapter 11
or to appeal to the Merit Systems Protection Board under
procedures prescribed by the Board. Grievances under chapter
11 shall be limited to cases of reprisal, interference in the
conduct of an employee's official duties, or similarly
inappropriate use of the authority of this section.''.
(3) By amending section 609 (22 U.S.C. 4009)--
(A) in subsection (a)(2), by inserting ``or 611'' after
``608(b)''; and
(B) in subsection (b) by inserting ``or 611'' after
``608(b)'';
(4) Chapter 11 of the Foreign Service Act of 1980 is
amended--
(A) in section 1101(b)(3) by striking ``611'' and inserting
``612''; and
(B) in section 1106(8) by inserting before the period at
the end of the paragraph ``or with respect to any action
which would delay the separation of an employee pursuant to a
reduction in force conducted under section 611''.
(5) The table of contents for the Foreign Service Act is
amended by striking out the items related to sections 611,
612, and 613 and inserting in lieu thereof the following:
``Sec. 611. Reductions in force.
``Sec. 612. Termination of limited appointments.
``Sec. 613. Termination of appointments of consular agents and foreign
national employees.
``Sec. 614. Foreign Service awards.''.
(b) Management Rights.--Section 1005 of the Foreign Service
Act of 1980 (22 U.S.C. 4105(a)) is amended--
(1) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) to conduct reductions in force, and to prescribe
regulations for the separation of employees pursuant to such
reductions in force conducted under section 611;''.
(c) Consultation.--The Secretary of State (or in the case
of any other agency authorized by law to utilize the Foreign
Service personnel system), the head of that agency shall
consult with the Director of the Office of Personnel
Management before prescribing regulations for reductions in
force under section 611 of the Foreign Service Act of 1980
(as added by subsection (a) of this section), and shall
publish such regulations.
SEC. 182. RESTORATION OF WITHHELD BENEFITS.
(a) Eligibility.--With respect to any person for which the
Secretary of State and the Secretary concerned within the
Department of Defense has approved the employment or the
holding of a position pursuant to the provisions of section
1058, title 10, United States Code, before the date of
enactment of this Act, the consents, approvals and
determinations under that section shall be deemed to be
effective as of January 1, 1993.
(b) Technical Correction.--Subsection (d) of section 1433
of Public Law 103-160 is repealed.
Subpart 2--Foreign Language Competence Within the Foreign Service
SEC. 191. FOREIGN LANGUAGE COMPETENCE WITHIN THE FOREIGN
SERVICE.
(a) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Secretary of State shall
promulgate regulations--
(1) establishing hiring preferences for Foreign Service
Officer candidates competent in languages, with priority
preference given to those languages in which the Department
of State has a deficit;
(2) establishing a standard that employees will not receive
long-term training in more than 3 languages, and requiring
that employees achieve full professional proficiency (S4/R4)
in 1 language as a condition for training in a third, with
exceptions for priority needs of the service at the
discretion of the Director General;
(3) requiring that employees receiving long-term training
in a language, or hired with a hiring preference for a
language, serve at least 2 tours in jobs requiring that
language, with exceptions for certain limited-use languages
and priority needs of the service at the discretion of the
Director General;
(4) requiring that significant consideration be given to
foreign language competence and use in the evaluation,
assignment, and promotion of all Foreign Service Officers of
the Department of State;
(5) requiring the identification of appropriate Washington,
D.C. metropolitan area positions as language-designated; and
(6) requiring remedial training and suspension of language
differential payments for employees receiving such payments
who have failed to maintain required levels of proficiency.
(b) Repeal.--Section 164 of the Foreign Relations
Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 4001
note; Public Law 101-246) is repealed.
SEC. 192. DESIGNATION OF FOREIGN LANGUAGE RESOURCES
COORDINATOR.
(a) Policy.--It is the sense of the Congress that--
(1) the Department of State, by virtue of the Secretary's
overall responsibility under section 701(a) of the Foreign
Service Act of 1980 (22 U.S.C. 4011(a)) for training and
instruction in the field of foreign relations to meet the
needs of all Federal agencies, should take the lead in this
interagency effort; and
(2) in order to promote efficiency and quality in the
training provided by the Secretary of State and other Federal
agencies, the Secretary should call upon other agencies to
share in the joint management and coordination of Federal
foreign language resources.
(b) Foreign Language Resources Coordinator.--
(1) The Secretary of State should appoint a Foreign
Language Resources Coordinator (in this subsection referred
to as the ``Coordinator'') who shall be responsible--
(A) for coordinating the efforts of the appropriate
agencies of Government--
(i) to strengthen mechanisms for sharing of foreign
language resources; and
(ii) to identify Federal foreign language resource
requirements in the areas of diplomacy, military
preparedness, international security, and other foreign
policy objectives; and
(B) for making recommendations to the Secretary of State as
to which Federal foreign language assets, if any, should be
made available to the private sector in support of national
global economic competitiveness goals.
(2) All appropriate United States Government agencies
maintaining and utilizing Federal foreign language training
and related resources shall cooperate fully with any
Coordinator.
SEC. 193. FOREIGN LANGUAGE SERVICES.
(a) Surcharge for Certain Foreign Language Services.--
Notwithstanding any other provision of law, the Secretary of
State is authorized to require the payment of an appropriate
fee, surcharge, or reimbursement for providing other Federal
agencies with foreign language translation and interpretation
services.
(b) Use of Funds.--Funds collected under the authority of
subsection (a) shall be deposited as an offsetting collection
to any Department of State appropriation to recover the cost
of providing translation or interpretation services in any
foreign language. Such funds may remain available until
expended.
TITLE II--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
PROGRAMS
PART A--AUTHORIZATION OF APPROPRIATIONS
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following amounts are authorized to be
appropriated to carry out international information
activities, and educational and cultural exchange programs
under the United States Information and Educational Exchange
Act of 1948, the Mutual Educational and Cultural Exchange Act
of 1961, Reorganization Plan Number 2 of 1977, the Radio
Broadcasting to Cuba Act, the Television Broadcasting to Cuba
Act, the Board for International Broadcasting Act, the
Inspector General Act of 1978, the Center for Cultural and
Technical Interchange Between North and South Act, the
National Endowment for Democracy Act, and to carry out other
authorities in law consistent with such purposes:
(1) Salaries and expenses.--For ``Salaries and Expenses'',
$473,488,000 for the fiscal year 1994 and $480,362,000 for
the fiscal year 1995.
(2) Educational and cultural exchange programs.--
(A) Fulbright academic exchange programs.--For the
``Fulbright Academic Exchange Programs'', $130,538,000 for
the fiscal year 1994 and $126,312,000 for the fiscal year
1995.
[[Page 737]]
(B) Other programs.--For ``Hubert H. Humphrey Fellowship
Program'', ``Edmund S. Muskie Fellowship Program'',
``International Visitors Program'', ``Israeli-Arab
Scholarship Program'', ``Mike Mansfield Fellowship Program'',
``Claude and Mildred Pepper Scholarship Program of the
Washington Workshops Foundation'', ``Citizen Exchange
Programs'', ``Congress-Bundestag Exchange Program'', ``Newly
Independent States and Eastern Europe Training'', ``Institute
for Representative Government'', ``American Studies
Collections'', ``South Pacific Exchanges'', ``East Timorese
Scholarships'', ``Cambodian Scholarships'', and ``Arts
America'', $96,962,000 for the fiscal year 1994 and
$97,046,000 for the fiscal year 1995.
(3) Broadcasting to cuba.--For ``Broadcasting to Cuba'',
$21,000,000 for the fiscal year 1994 and $27,609,000 for the
fiscal year 1995.
(4) International broadcasting activities.--For
``International Broadcasting Activities'' under part B,
$541,676,000 for the fiscal year 1994, and $609,740,000 for
the fiscal year 1995.
(5) Office of the inspector general.--For ``Office of the
Inspector General'', $4,247,000 for the fiscal year 1994 and
$4,396,000 for the fiscal year 1995.
(6) Center for cultural and technical interchange between
east and west.--For ``Center for Cultural and Technical
Interchange between East and West'', $26,000,000 for the
fiscal year 1994 and $24,500,000 for the fiscal year 1995.
(b) Limitations.--
(1) Of the amounts authorized to be appropriated for
``Salaries and Expenses'' under section 201(a)(1) for fiscal
year 1995, $500,000 is authorized to be appropriated for
expenses and activities related to United States
participation in the 1996 Budapest World's Fair (Budapest
Expo '96).
(2) Of the amounts authorized to be appropriated for
``Fulbright Academic Exchange Programs'' under subsection
(a)(2)(A),--
(A) $3,000,000 is authorized to be available for fiscal
year 1995 for the Vietnam Scholarship Program established by
section 229 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (Public Law 102-138); and
(B) $1,500,000 is authorized to be available for fiscal
year 1994 and $2,000,000 is authorized to be available for
fiscal year 1995, for the ``Environment and Sustainable
Development Exchange Program'' established by section 241.
(3) Of the amounts authorized to be appropriated for
``Other Programs'' under subsection (a)(2)(B) $1,000,000 is
authorized to be available for each of the fiscal years 1994
and 1995 for the ``American Studies Collections'' program
established under section 235.
PART B--USIA AND RELATED AGENCIES AUTHORITIES AND ACTIVITIES
SEC. 221. USIA OFFICE IN LHASA, TIBET.
(a) Establishment of Office.--The Director of the United
States Information Agency shall seek to establish an office
in Lhasa, Tibet, for the purpose of--
(1) disseminating information about the United States;
(2) promoting discussions on conflict resolution and human
rights;
(3) facilitating United States private sector involvement
in educational and cultural activities in Tibet; and
(4) advising the United States Government with respect to
Tibetan public opinion.
(b) Report by the Director of USIA.--Not later than April 1
of each year, the Director of the United States Information
Agency shall submit a detailed report on developments
relating to the implementation of this section to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives.
SEC. 222. CHANGES IN ADMINISTRATIVE AUTHORITIES.
Section 801 of the United States Informational and
Educational Exchange Act of 1948 (22 U.S.C. 1471) is
amended--
(1) in paragraph (5) by striking ``and'' after the
semicolon;
(2) in paragraph (6) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) notwithstanding any other provision of law, to carry
out projects involving security construction and related
improvements for Agency facilities not physically located
together with Department of State facilities abroad.''.
SEC. 223. EMPLOYMENT AUTHORITY.
For fiscal years 1994 and 1995, the Director of the United
States Information Agency may, in carrying out the provisions
of the United States Information and Educational Exchange Act
of 1948, employ individuals or organizations by contract for
services to be performed in the United States or abroad, who
shall not, by virtue of such employment, be considered to be
employees of the United States Government for the purposes of
any law administered by the Office of Personnel Management,
except that the Director may determine the applicability to
such individuals of section 804(5) of that Act.
SEC. 224. BUYING POWER MAINTENANCE ACCOUNT.
Section 704(c) of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1477b(c)) is
amended--
(1) by redesignating clauses (1) and (2) as clauses (A) and
(B), respectively;
(2) by inserting ``(1)'' after ``(c)''; and
(3) by adding at the end the following new paragraphs:
``(2) In carrying out this subsection, there may be
established a Buying Power Maintenance account.
``(3) In order to eliminate substantial gains to the
approved levels of overseas operations for the United States
Information Agency, the Director shall transfer to the Buying
Power Maintenance account such amounts appropriated for
`Salaries and Expenses' as the Director determines are
excessive to the needs of the approved level of operations
under that appropriation account because of fluctuations in
foreign currency exchange rates or changes in overseas wages
and prices.
``(4) In order to offset adverse fluctuations in foreign
currency exchange rates or foreign wages and prices, the
Director may transfer from the Buying Power Maintenance
account to the `Salaries and Expenses' appropriations account
such amounts as the Director determines are necessary to
maintain the approved level of operations under that
appropriation account.
``(5) Funds transferred by the Director from the Buying
Power Maintenance account to another account shall be merged
with and be available for the same purpose, and for the same
time period, as the funds in that other account. Funds
transferred by the Director from another account to the
Buying Power Maintenance account shall be merged with the
funds in the Buying Power Maintenance account and shall be
available for the purposes of that account until expended.
``(6) Any restriction contained in an appropriation Act or
other provision of law limiting the amounts that may be
obligated or expended by the United States Information Agency
shall be deemed to be adjusted to the extent necessary to
offset the net effect of fluctuations in foreign currency
exchange rates or overseas wage and price changes in order to
maintain approved levels.
``(7)(A) Subject to the limitations contained in this
paragraph, not later than the end of the 5th fiscal year
after the fiscal year for which funds are appropriated or
otherwise made available for the `Salaries and Expenses'
account, the Director may transfer any unobligated balance of
such funds to the Buying Power Maintenance account.
``(B) The balance of the Buying Power Maintenance account
may not exceed $50,000,000 as a result of any transfer under
this paragraph.
``(C) Any transfer pursuant to this paragraph shall be
treated as a reprogramming of funds under section 705 and
shall be available for obligation or expenditure only in
accordance with the procedures under such section.
``(D) The authorities contained in this section may only be
exercised to such an extent and in such amounts as
specifically provided in advance in appropriation Acts.''.
SEC. 225. CONTRACT AUTHORITY.
Section 802(b) of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1472(b)) is
amended by adding at the end the following:
``(4)(A) Notwithstanding the other provisions of this
subsection, the United States Information Agency is
authorized to enter into contracts for periods not to exceed
7 years for circuit capacity to distribute radio and
television programs.
``(B) The authority of this paragraph may be exercised for
a fiscal year only to such extent or in such amounts as are
provided in advance in appropriations Acts.''.
SEC. 226. UNITED STATES TRANSMITTER IN KUWAIT.
None of the funds authorized to be appropriated by this or
any other Act may be obligated or expended for the design,
development, or construction of a United States short-wave
radio transmitter in Kuwait.
SEC. 227. FULBRIGHT-HAYS ACT AUTHORITIES.
Section 105(a) of Public Law 87-256 is amended to read as
follows:
``(a) Amounts appropriated to carry out the purposes of
this Act are authorized to be made available until
expended.''.
SEC. 228. SEPARATE LEDGER ACCOUNTS FOR NED GRANTEES.
Section 504(h)(1) of the National Endowment for Democracy
Act (22 U.S.C. 4413(h)(1)) is amended by striking
``accounts'' and inserting ``bank accounts or separate self-
balancing ledger accounts''.
SEC. 229. COORDINATION OF UNITED STATES EXCHANGE PROGRAMS.
(a) Coordination.--Section 112 of the Mutual Educational
and Cultural Exchange Act of 1961 (22 U.S.C. 2460) is amended
by adding at the end the following:
``(f)(1) The President shall ensure that all exchange
programs conducted by the United States Government, its
departments and agencies, directly or through agreements with
other parties, are reported at a time and in a format
prescribed by the Director. The President shall ensure that
such exchanges are consistent with United States foreign
policy and avoid duplication of effort.
``(2) Not later than 90 days after the date of enactment of
this subsection, and annually thereafter, the President shall
submit to the Speaker of the House of Representatives and the
Chairman of the Committee on Foreign Relations of the Senate
a report pursuant to paragraph (1). Such report shall include
information for each exchange program supported by the United
States on the objectives of such exchange, the number of
exchange participants supported, the types of exchange
activities conducted, the total amount of Federal
expenditures for such exchanges, and the extent to which such
exchanges are duplicative.''.
(b) Report by the Director of USIA.--Not later than 120
days after the date of enactment of this Act, the Director of
the United
[[Page 738]]
States Information Agency shall submit to the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate a report--
(1) detailing the range of exchange programs administered
by the Agency;
(2) identifying possible areas of duplication of
inefficiency; and
(3) recommending program consolidation and administrative
restructuring as warranted.
SEC. 230. LIMITATION CONCERNING PARTICIPATION IN
INTERNATIONAL EXPOSITIONS.
Notwithstanding any other provision of law, the United
States Information Agency shall not obligate or expend any
funds for a United States Government funded pavilion or other
major exhibit at any international exposition or world's fair
registered by the Bureau of International Expositions in
excess of amounts expressly authorized and appropriated for
such purpose.
SEC. 231. PRIVATE SECTOR OPPORTUNITIES.
Section 104(e)(4) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2454) is amended by inserting
before the period ``, and of similar services and
opportunities for interchange not supported by the United
States Government''.
SEC. 232. AUTHORITY TO RESPOND TO PUBLIC INQUIRIES.
Section 208 of the Foreign Relations Authorization Act,
Fiscal Years 1986 and 1987 (22 U.S.C. 1461-1a) is amended by
adding at the end the following new sentence: ``The
provisions of this section shall not prohibit the United
States Information Agency from responding to inquiries from
members of the public about its operations, policies, or
programs.''.
SEC. 233. TECHNICAL AMENDMENT RELATING TO NEAR AND MIDDLE
EAST RESEARCH AND TRAINING.
Section 228(d) of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note) is amended
by inserting ``and includes the Republic of Turkey'' before
the period at the end thereof.
SEC. 234. DISTRIBUTION WITHIN THE UNITED STATES OF CERTAIN
MATERIALS OF THE UNITED STATES INFORMATION
AGENCY.
Notwithstanding section 208 of the Foreign Relations
Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C.
1461-1(a)) and the second sentence of section 501 of the
United States Information and Educational Exchange Act of
1948 (22 U.S.C. 1461), the Director of the United States
Information Agency may make available for distribution within
the United States the following:
(1) The United States Information Agency's Thomas Jefferson
Paper Show, which commemorates the 250th anniversary of the
birth of Thomas Jefferson.
(2) The documentary entitled ``Crimes Against Humanity'', a
film about the ensuing conflict in the former Yugoslavia.
SEC. 235. AMERICAN STUDIES COLLECTIONS.
(a) Authority.--In order to promote a thorough
understanding of the United States among emerging elites
abroad, the Director of the United States Information Agency
is authorized to establish and support collections at
appropriate university libraries abroad to further the study
of the United States, and to enter into agreements with such
universities for such purposes.
(b) Design and Development.--Such collections--
(1) shall be developed in consultation with United States
associations and organizations of scholars in the principal
academic disciplines in which American studies are conducted;
and
(2) shall be designed primarily to meet the needs of
undergraduate and graduate students of American studies.
(c) Site Selection.--In selecting universities abroad as
sites for such collections, the Director shall--
(1) ensure that such universities are able, within a
reasonable period of the establishment of such collections,
to assume responsibility for their maintenance in current
form;
(2) ensure that undergraduate and graduate students shall
enjoy reasonable access to such collections; and
(3) include in any agreement entered into between the
United States Information Agency and a university abroad,
terms embodying a contractual commitment of such maintenance
and access under this subsection.
(d) Funding.--
(1) The Director of the United States Information Agency is
authorized to establish an endowment fund (hereafter in this
section referred to as the ``fund'') to carry out the
purposes of this section and to enter into such agreements as
may be necessary to carry out the purposes of this section.
(2)(A) The Director shall make deposits to the fund of
amounts appropriated or otherwise made available to carry out
this section.
(B) The Director is authorized to accept, use, and dispose
of gifts of donations of services or property to carry out
this section. Sums donated to carry out the purposes of this
section shall be deposited into the fund.
(3) The corpus of the fund shall be invested in Federally-
insured bank savings accounts or comparable interest-bearing
accounts, certificates of deposit, money market funds,
obligations of the United States, or other low-risk
instruments and securities.
(4) The Director may withdraw or expend amounts from the
fund for any expenses necessary to carry out the purposes of
this section.
(e) Availability of Authorizations of Appropriations.--
Authorizations of appropriations for the purposes of this
section shall be available without fiscal year limitation and
shall remain available until used.
SEC. 236. EDUCATIONAL AND CULTURAL EXCHANGES WITH TIBET.
The Director of the United States Information Agency shall
establish programs of educational and cultural exchange
between the United States and the people of Tibet. Such
programs shall include opportunities for training and, as the
Director considers appropriate, may include the assignment of
personnel and resources abroad.
SEC. 237. SCHOLARSHIPS FOR EAST TIMORESE STUDENTS.
Notwithstanding any other provision of law, the Bureau of
Educational and Cultural Affairs of the United States
Information Agency shall make available for each of the
fiscal years 1994 and 1995, scholarships for East Timorese
students qualified to study in the United States for the
purpose of studying at the undergraduate level in a United
States college or university. Each scholarship made available
under this subsection shall be for not less than one semester
of study.
SEC. 238. CAMBODIAN SCHOLARSHIP AND EXCHANGE PROGRAMS.
(a) Purpose.--It is the purpose of this section to provide
financial assistance--
(1) to establish a scholarship program for Cambodian
college and post-graduate students to study in the United
States; and
(2) to expand Cambodian participation in exchange programs
of the United States Information Agency.
(b) Program.--(1) The Director of the United States
Information Agency shall establish a scholarship program to
enable Cambodian college students and post-graduate students
to study in the United States.
(2) The Director of the United States Information Agency
shall also include qualified Cambodian citizens in exchange
programs funded or otherwise sponsored by the Agency, in
particular the Fulbright Academic Program, the International
Visitor Program, and the Citizen Exchange Program.
(c) Definition.--For the purposes of this section, the term
``scholarship'' means an amount to be used for full or
partial support of tuition and fees to attend an educational
institution, and may include fees, books, and supplies,
equipment required for courses at an educational institution,
living expenses at a United States educational institution,
and travel expenses to and from, and within, the United
States.
SEC. 239. INCREASING AFRICAN PARTICIPATION IN USIA EXCHANGE
PROGRAMS.
The Director of United States Information Agency shall
expand exchange program allocations to Africa, in particular
Fulbright Academic Exchanges, International Visitor Programs,
and Citizen Exchanges, and shall further encourage a
broadening of affiliations and links between United States
and African institutions.
SEC. 240. ENVIRONMENT AND SUSTAINABLE DEVELOPMENT EXCHANGE
PROGRAM.
(a) Purpose.--The purpose of this section is to establish a
program to promote academic exchanges in disciplines relevant
to environment and sustainable development.
(b) Program Authority.--Notwithstanding any other provision
of law, the Director of the United States Information Agency,
through the Bureau of Educational and Cultural Affairs, shall
provide scholarships beginning in the fiscal year 1994, and
for each fiscal year thereafter, for study at United States
institutions of higher education in furtherance of the
purpose of this section for foreign students who have
completed their undergraduate education and for postsecondary
educators.
(c) Guidelines.--The scholarship program under this section
shall be carried out in accordance with the following
guidelines:
(1) Consistent with section 112(b) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C.
2460(b)), all programs created pursuant to this Act shall be
nonpolitical and balanced, and shall be administered in
keeping with the highest standards of academic integrity and
cost-effectiveness.
(2) The United States Information Agency shall administer
this program under the auspices of the Fulbright Academic
Exchange Program.
(3) The United States Information Agency shall ensure the
regional diversity of this program through the selection of
candidates from Asia, Africa, Latin America, as well as
Europe and the Middle East.
(d) Definition.--For purposes of this section, the term
``institution of higher education'' has the same meaning
given to such term by section 1201(a) of the Higher Education
Act of 1965.
SEC. 241. SOUTH PACIFIC EXCHANGE PROGRAMS.
(a) Authorized Programs.--The Director of the United States
Information Agency is authorized to award academic
scholarships to qualified students from the sovereign nations
of the South Pacific region to pursue undergraduate and
postgraduate study at institutions of higher education in the
United States; to make grants to accomplished United States
scholars and experts to pursue research, to teach, or to
offer training in such nations; and to make grants for youth
exchanges.
(b) Limitation.--Grants awarded to United States scholars
and experts may not exceed 10 percent of the total funds
awarded for any fiscal year for programs under this section.
[[Page 739]]
SEC. 242. INTERNATIONAL EXCHANGE PROGRAMS INVOLVING
DISABILITY RELATED MATTERS.
(a) Authority.--In carrying out the authorities of section
102(b) of the Mutual Educational and Cultural Exchange Act of
1961 (22 U.S.C. 2452(b)), the President shall ensure that
such authorities are used to promote educational, cultural,
medical, and scientific meetings, training, research, visits,
interchanges, and other activities, with respect to
disability matters, including participation by individuals
with disabilities (within the meaning of section 3(2) of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12102(2))
in such activities, through such nonprofit organizations as
have a demonstrated capability to coordinate exchange
programs involving disability-related matters.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Director of the United States
Information Agency shall submit a report to Congress
describing implementation of the requirements of this
section.
(c) Annual Summary of Activities.--As part of the
Congressional presentation materials submitted in connection
with the annual budget request for the United States
Information Agency, the Director of the Agency shall include
a summary of the international exchange activities which meet
the requirements of this section.
PART C--MIKE MANSFIELD FELLOWSHIPS
SEC. 251. SHORT TITLE.
This part may be cited as the ``Mike Mansfield Fellowship
Act''.
SEC. 252. ESTABLISHMENT OF FELLOWSHIP PROGRAM.
(a) Establishment.--(1) There is hereby established the
``Mike Mansfield Fellowship Program'' pursuant to which the
Director of the United States Information Agency will make
grants, subject to the availability of appropriations, to the
Mansfield Center for Pacific Affairs to award fellowships to
eligible United States citizens for periods of 2 years each
(or, pursuant to section 253(5)(C), for such shorter period
of time as the Center may determine based on a Fellow's level
of proficiency in the Japanese language or knowledge of the
political economy of Japan) as follows:
(A) During the first year each fellowship recipient will
study the Japanese language as well as Japan's political
economy.
(B) During the second year each fellowship recipient will
serve as a fellow in a parliamentary office, ministry, or
other agency of the Government of Japan or, subject to the
approval of the Center, a nongovernmental Japanese
institution associated with the interests of the fellowship
recipient, and the agency of the United States Government
from which the fellow originated, consistent with the
purposes of this part.
(2) Fellowships under this part may be known as ``Mansfield
Fellowships'', and individuals awarded such fellowships may
be known as ``Mansfield Fellows''.
(b) Eligibility of Center for Grants.--Grants may be made
to the Center under this section only if the Center agrees to
comply with the requirements of section 253.
(c) International Agreement.--The Director of the United
States Information Agency should enter into negotiations for
an agreement with the Government of Japan for the purpose of
placing fellows in the Government of Japan.
(d) Private Sources.--The Center is authorized to accept,
use, and dispose of gifts or donations of services or
property in carrying out the fellowship program, subject to
the review and approval of the Director of the United States
Information Agency.
(e) Use of Federal Facilities.--The National Foreign
Affairs Training Center is authorized and encouraged to
assist, on a reimbursable basis, in carrying out Japanese
language training by the Center through the provision of
teachers, classroom space, teaching materials, and
facilities, to the extent that such provision is not
detrimental to the Institute's carrying out its other
responsibilities under law.
SEC. 253. PROGRAM REQUIREMENTS.
The program established under this part shall comply with
the following requirements:
(1) United States citizens who are eligible for fellowships
under this part shall be employees of the Federal Government
having at least two years experience in any branch of the
Government, a strong career interest in United States-Japan
relations, and a demonstrated commitment to further service
in the Federal Government, and such other qualifications as
are determined by the Center.
(2) Not more than 10 fellowships may be awarded each year
of which not more than 3 shall be awarded to individuals who
are not detailed employees of the Government.
(3)(A) Fellows shall agree to maintain satisfactory
progress in language training and appropriate behavior in
Japan, as determined by the Center, as a condition of
continued receipt of Federal funds.
(B) Fellows who are not detailees shall agree to return to
the Federal Government for further employment for a period of
at least 2 years following the end of their fellowships,
unless, in the determination of the Center, the fellow is
unable (for reasons beyond the fellow's control and after
receiving assistance from the Center as provided in paragraph
(8)) to find reemployment for such period.
(4) During the period of the fellowship, the Center shall
provide--
(A) to each fellow who is not a detailee a stipend at a
rate of pay equal to the rate of pay that individual was
receiving when he or she entered the program, plus a cost-of-
living adjustment calculated at the same rate of pay, and for
the same period of time, for which such adjustments were made
to the salaries of individuals occupying competitive
positions in the civil service during the same period as the
fellowship; and
(B) to each fellow (including detailees) certain allowances
and benefits as that individual would have been entitled to,
but for his or her separation from Government service, as a
United States Government civilian employee overseas under the
Standardized Regulations (Government Civilians, Foreign
Areas) of the Department of State, as follows: a living
quarters allowance to cover the higher cost of housing in
Japan, a post allowance to cover the significantly higher
costs of living in Japan, an education allowance to assist
parents in providing their children with educational services
ordinarily provided without charge by United States public
schools, moving expenses of up to $1,000 for personal
belongings of fellows and their families in their move to
Japan and one-round-trip economy-class airline ticket to
Japan for each fellow and the fellow's immediate family.
(5)(A) For the first year of each fellowship, the Center
shall provide fellows with intensive Japanese language
training in the Washington, D.C., area, as well as courses in
the political economy of Japan.
(B) Such training shall be of the same quality as training
provided to Foreign Service officers before they are assigned
to Japan.
(C) The Center may waive any or all of the training
required by subparagraph (A) to the extent that a fellow has
Japanese language skills or knowledge of Japan's political
economy, and the 2 year fellowship period shall be shortened
to the extent such training is less than one year.
(6) Any fellow who is not a detailee who does not comply
with the requirements of this section shall reimburse the
United States Information Agency for the Federal funds
expended for the Fellow's participation in the fellowship,
together with interest on such funds (calculated at the
prevailing rate), as follows:
(A) Full reimbursement for noncompliance with paragraph
(3)(A) or (9).
(B) Pro rata reimbursement for noncompliance with paragraph
(3)(B) for any period the fellow is reemployed by the Federal
Government that is less than the period specified in
paragraph (3)(B), at a rate equal to the amount the fellow
received during the final year of the fellowship for the same
period of time, including any allowances and benefits
provided under paragraph (4).
(7) The Center shall select fellows based solely on merit.
The Center shall make positive efforts to recruit candidates
reflecting the cultural, racial, and ethnic diversity of the
United States.
(8) The Center shall assist, to the extent possible, any
fellow who is not a detailee in finding employment in the
Federal Government if such fellow was not able, at the end of
the fellowship, to be reemployed in the agency from which he
or she separated to become a fellow.
(9) No fellow may engage in any intelligence or
intelligence-related activity on behalf of the United States
Government.
(10) The financial records of the Center shall be audited
annually in accordance with generally accepted auditing
standards by independent certified public accountants or
independent licensed public accountants, certified or
licensed by a regulatory authority of a State or other
political subdivision of the United States. The audit shall
be conducted at the place or places where the financial
records of the Center are normally kept. All books, financial
records, files, and other papers, things, and property
belonging to or in use by the Center and necessary to
facilitate the audit shall be made available to the person or
persons conducting the audit, and full facilities for
verifying transactions with the balances or securities held
by depositories, fiscal agents, and custodians shall be
afforded to such person or persons.
(11) The Center shall provide a report of the audit to the
Director of the United States Information Agency no later
than six months following the close of the fiscal year for
which the audit is made. The report shall set forth the scope
of the audit and include such statements, together with the
independent auditor's opinion of those statements, as are
necessary to present fairly the Center's assets and
liabilities, surplus or deficit, with reasonable detail,
including a statement of the Center's income and expenses
during the year, including a schedule of all contracts and
grants requiring payments in excess of $5,000 and any
payments of compensation, salaries, or fees at a rate in
excess of $5,000 per year. The report shall be produced in
sufficient copies for the public.
SEC. 254. SEPARATION OF GOVERNMENT PERSONNEL DURING THE
FELLOWSHIPS.
(a) Separation.--Under such terms and conditions as the
agency head may direct, any agency of the United States
Government may separate from Government service for a
specified period any officer or employee of that agency who
accepts a fellowship under the program established by this
part and is not detailed under section 255.
(b) Reemployment.--Any fellow who is not a detailee, at the
end of the fellowship, is entitled to be reemployed in the
same manner as if covered by section 3582 of title 5, United
States Code.
[[Page 740]]
(c) Rights and Benefits.--Notwithstanding section 8347(o),
8713, or 8914 of title 5, United States Code, and in
accordance with regulations of the Office of Personnel
Management, an employee, while serving as a fellow who is not
a detailee, is entitled to the same rights and benefits as if
covered by section 3582 of title 5, United States Code. The
Center shall reimburse the employing agency for any costs
incurred under section 3582 of title 5, United States Code.
(d) Compliance With Budget Act.--Funds are available under
this section to the extent and in the amounts provided in
appropriation Acts.
SEC. 255. MANSFIELD FELLOWS ON DETAIL FROM GOVERNMENT
SERVICE.
(a) In General.--(1) An agency head may detail, for a
period of not more than 2 years, an employee of the agency
who has been awarded a Mansfield Fellowship, to the Center.
(2) Each fellow who is detailed under this section shall
enter into a written agreement with the Federal Government
before receiving a fellowship that the fellow will--
(A) continue in the service of the fellow's agency at the
end of the fellowship for a period of at least 2 years unless
the fellow is involuntarily separated from the service of
such agency; and
(B) pay to the United States Information Agency any
additional expenses incurred by the Federal Government in
connection with the fellowship if the fellow is voluntarily
separated from service with the fellow's agency before the
end of the period for which the fellow has agreed to continue
in the service of such agency.
(3) The payment agreed to under paragraph (2)(B) may not be
required of a fellow who leaves the service of such agency to
enter into the service of another agency in any branch of the
United States Government unless the head of the agency that
authorized the fellowship notifies the employee before the
effective date of entry into the service of the other agency
that payment will be required under this section.
(b) Status as Government Employee.--A fellow detailed under
subsection (a) is deemed, for the purpose of preserving
allowances, privileges, rights, seniority, and other
benefits, an employee of the agency from which detailed, and
is entitled to pay, allowances, and benefits from funds
available to that agency. The authorization and payment of
such allowances and other benefits from appropriations
available therefore is deemed to comply with section 5536 of
title 5, United States Code.
(c) Reimbursement.--Fellows may be detailed under
subsection (a) without reimbursement to the United States by
the Center.
(d) Allowances and Benefits.--A fellow detailed under
subsection (a) may be paid by the Center for allowances and
benefits listed in section 253(4)(B).
SEC. 256. LIABILITY FOR REPAYMENTS.
If any fellow fails to fulfill the fellow's agreement to
pay the United States Information Agency for the expenses
incurred by the United States Information Agency in
connection with the fellowship, a sum equal to the amount of
the expenses of the fellowship shall be recoverable by the
United States Information Agency from the fellow (or a legal
representative) by--
(1) setoff against accrued pay, compensation, amount of
retirement credit, or other amount due the fellow from the
Federal Government; and
(2) such other method as is provided by law for the
recovery of amounts owing to the Federal Government.
SEC. 257. DEFINITIONS.
For purposes of this part--
(1) the term ``agency of the United States Government''
includes any agency of the legislative branch and any court
of the judicial branch as well as any agency of the executive
branch;
(2) the term ``agency head'' means--
(A) in the case of the executive branch of Government or an
agency of the legislative branch other than the House of
Representatives or the Senate, the head of the respective
agency;
(B) in the case of the judicial branch of Government, the
chief judge of the respective court;
(C) in the case of the Senate, the President pro tempore,
in consultation with the Majority Leader and Minority Leader
of the Senate; and
(D) in the case of the House of Representatives, the
Speaker of the House, in consultation with the Majority
Leader and Minority Leader of the House;
(3) the term ``Center'' means the Mansfield Center for
Pacific Affairs; and
(4) the term ``detailee'' means an employee of an agency of
the United States Government on assignment or loan to the
Mansfield Center for Pacific Affairs without a change of
position from the agency by which he or she is employed.
TITLE III--UNITED STATES INTERNATIONAL BROADCASTING ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``United States
International Broadcasting Act of 1994''.
SEC. 302. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES.
The Congress makes the following findings and declarations:
(1) It is the policy of the United States to promote the
right of freedom of opinion and expression, including the
freedom ``to seek, receive, and impart information and ideas
through any media and regardless of frontiers,'' in
accordance with Article 19 of the Universal Declaration of
Human Rights.
(2) Open communication of information and ideas among the
peoples of the world contributes to international peace and
stability and the promotion of such communication is in the
interests of the United States.
(3) It is in the interest of the United States to support
broadcasting to other nations consistent with the
requirements of this title.
(4) The continuation of existing United States
international broadcasting, and the creation of a new
broadcasting service to the people of the People's Republic
of China and other countries of Asia which lack adequate
sources of free information, would enhance the promotion of
information and ideas, while advancing the goals of United
States foreign policy.
(5) The reorganization and consolidation of United States
international broadcasting will achieve important economies
and strengthen the capability of the United States to use
broadcasting to support freedom and democracy in a rapidly
changing international environment.
SEC. 303. STANDARDS AND PRINCIPLES.
(a) Broadcasting Standards.--United States international
broadcasting shall--
(1) be consistent with the broad foreign policy objectives
of the United States;
(2) be consistent with the international telecommunications
policies and treaty obligations of the United States;
(3) not duplicate the activities of private United States
broadcasters;
(4) not duplicate the activities of government supported
broadcasting entities of other democratic nations;
(5) be conducted in accordance with the highest
professional standards of broadcast journalism;
(6) be based on reliable information about its potential
audience; and
(7) be designed so as to effectively reach a significant
audience.
(b) Broadcasting Principles.--United States international
broadcasting shall include--
(1) news which is consistently reliable and authoritative,
accurate, objective, and comprehensive;
(2) a balanced and comprehensive projection of United
States thought and institutions, reflecting the diversity of
United States culture and society;
(3) clear and effective presentation of the policies of the
United States Government and responsible discussion and
opinion on those policies;
(4) programming to meet needs which remain unserved by the
totality of media voices available to the people of certain
nations;
(5) information about developments in each significant
region of the world;
(6) a variety of opinions and voices from within particular
nations and regions prevented by censorship or repression
from speaking to their fellow countrymen;
(7) reliable research capacity to meet the criteria under
this section;
(8) adequate transmitter and relay capacity to support the
activities described in this section; and
(9) training and technical support for independent
indigenous media through government agencies or private
United States entities.
SEC. 304. ESTABLISHMENT OF BROADCASTING BOARD OF GOVERNORS.
(a) Establishment.--There is hereby established within the
United States Information Agency a Broadcasting Board of
Governors (hereafter in this title referred to as the
``Board'').
(b) Composition of the Board.--
(1) The Board shall consist of 9 members, as follows:
(A) 8 voting members who shall be appointed by the
President, by and with the advice and consent of the Senate.
(B) The Director of the United States Information Agency
who shall also be a voting member.
(2) The President shall designate one member (other than
the Director of the United States Information Agency) as
Chairman of the Board.
(3) Exclusive of the Director of the United States
Information Agency, not more than 4 of the members of the
Board appointed by the President shall be of the same
political party.
(c) Term of Office.--The term of office of each member of
the Board shall be three years, except that the Director of
the United States Information Agency shall remain a member of
the Board during the Director's term of service. Of the other
8 voting members, the initial terms of office of two members
shall be one year, and the initial terms of office of 3 other
members shall be two years, as determined by the President.
The President shall appoint, by and with the advice and
consent of the Senate, Board members to fill vacancies
occurring prior to the expiration of a term, in which case
the members so appointed shall serve for the remainder of
such term. Any member whose term has expired may serve until
a successor has been appointed and qualified. When there is
no Director of the United States Information Agency, the
acting Director of the agency shall serve as a member of the
Board until a Director is appointed.
(d) Selection of Board.--Members of the Board appointed by
the President shall be citizens of the United States who are
not regular full-time employees of the United
[[Page 741]]
States Government. Such members shall be selected by the
President from among Americans distinguished in the fields of
mass communications, print, broadcast media, or foreign
affairs.
(e) Compensation.--Members of the Board, while attending
meetings of the Board or while engaged in duties relating to
such meetings or in other activities of the Board pursuant to
this section (including travel time) shall be entitled to
receive compensation equal to the daily equivalent of the
compensation prescribed for level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
While away from their homes or regular places of business,
members of the Board may be allowed travel expenses,
including per diem in lieu of subsistence, as authorized by
law (5 U.S.C. 5703) for persons in the Government service
employed intermittently. The Director of the United States
Information Agency shall not be entitled to any compensation
under this title, but may be allowed travel expenses as
provided under this subsection.
(f) Decisions.--Decisions of the Board shall be made by
majority vote, a quorum being present. A quorum shall consist
of 5 members.
SEC. 305. AUTHORITIES OF THE BOARD.
(a) Authorities.--The Board shall have the following
authorities:
(1) To direct and supervise all broadcasting activities
conducted pursuant to this title, the Radio Broadcasting to
Cuba Act, and the Television Broadcasting to Cuba Act.
(2) To review and evaluate the mission and operation of,
and to assess the quality, effectiveness, and professional
integrity of, all such activities within the context of the
broad foreign policy objectives of the United States.
(3) To ensure that United States international broadcasting
is conducted in accordance with the standards and principles
contained in section 303.
(4) To review, evaluate, and determine, at least annually,
the addition or deletion of language services.
(5) To make and supervise grants for broadcasting and
related activities in accordance with section 308 and 309.
(6) To allocate funds appropriated for international
broadcasting activities among the various elements of the
International Broadcasting Bureau and grantees, subject to
the limitations in sections 308 and 309 and subject to
reprogramming notification requirements in law for the
reallocation of funds.
(7) To review engineering activities to ensure that all
broadcasting elements receive the highest quality and cost-
effective delivery services.
(8) To undertake such studies as may be necessary to
identify areas in which broadcasting activities under its
authority could be made more efficient and economical.
(9) To submit to the President and the Congress, through
the Director of the United States Information Agency, an
annual report which summarizes and evaluates activities under
this title, the Radio Broadcasting to Cuba Act, and the
Television Broadcasting to Cuba Act.
(10) To the extent considered necessary to carry out the
functions of the Board, procure supplies, services, and other
personal property.
(11) To appoint such staff personnel for the Board as the
Board may determine to be necessary, subject to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and to fix their
compensation in accordance with the provisions of chapter 51
and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates.
(12) To obligate and expend, for official reception and
representation expenses, such amount as may be made available
through appropriations (which for each of the fiscal years
1994 and 1995 may not exceed the amount made available to the
Board for International Broadcasting for such purposes for
fiscal year 1993).
(13) To make available in the annual report required by
paragraph (9) information on funds expended on administrative
and managerial services by the Bureau and by grantees and the
steps the Board has taken to reduce unnecessary overhead
costs for each of the broadcasting services.
(14) The Board may provide for the use of United States
Government transmitter capacity for relay to Radio Free Asia.
(b) Broadcasting Budgets.--
(1) The Director of the Bureau and the grantees identified
in sections 308 and 309 shall submit proposed budgets to the
Board. The Board shall forward its recommendations concerning
the proposed budget for the Board and broadcasting activities
under this title, the Radio Broadcasting to Cuba Act, and the
Television Broadcasting to Cuba Act to the Director of the
United States Information Agency for the consideration of the
Director as a part of the Agency's budget submission to the
Office of Management and Budget.
(2) The Director of the United States Information Agency
shall include in the Agency's submission to the Office of
Management and Budget the comments and recommendations of the
Board concerning the proposed broadcasting budget.
(c) Implementation.--The Director of the United States
Information Agency and the Board, in carrying out their
functions, shall respect the professional independence and
integrity of the International Broadcasting Bureau, its
broadcasting services, and grantees.
(d) Technical Amendment.--
(1) Section 4 of the Radio Broadcasting to Cuba Act (22
U.S.C. 1465b) is amended by striking ``and the Associate
Director for Broadcasting of the United States Information
Agency'' and inserting ``of the Voice of America''.
(2) Section 5(b) of the Radio Broadcasting to Cuba Act (22
U.S.C. 1465c(b)) is amended by striking ``Director and
Associate Director for Broadcasting of the United States
Information Agency'' and inserting ``Broadcasting Board of
Governors''.
SEC. 306. FOREIGN POLICY GUIDANCE.
To assist the Board in carrying out its functions, the
Secretary of State, acting through the Director of the United
States Information Agency, shall provide information and
guidance on foreign policy issues to the Board.
SEC. 307. INTERNATIONAL BROADCASTING BUREAU.
(a) Establishment.--There is hereby established an
International Broadcasting Bureau within the United States
Information Agency (hereafter in this title referred to as
the ``Bureau''), to carry out all nonmilitary international
broadcasting activities supported by the United States
Government other than those described in sections 308 and
309.
(b) Selection of the Director of the Bureau.--
(1) The Director of the Bureau shall be appointed by the
Chairman of the Board, in consultation with the Director of
the United States Information Agency and with the concurrence
of a majority of the Board. The Director of the Bureau shall
be entitled to receive compensation at the rate prescribed by
law for level IV of the Executive Schedule.
(2) Section 5315 of title 5, United States Code, is amended
by adding at the end the following:
``Director of the International Broadcasting Bureau, the
United States Information Agency.''.
SEC. 308. LIMITS ON GRANTS FOR RADIO FREE EUROPE AND RADIO
LIBERTY.
(a) Board of RFE/RL, Incorporated.--The Board may not make
any grant to RFE/RL, Incorporated, unless the certificate of
incorporation of RFE/RL, Incorporated, has been amended to
provide that--
(1) the Board of Directors of RFE/RL, Incorporated, shall
consist of the members of the Broadcasting Board of Governors
established under section 304 and of no other members; and
(2) such Board of Directors shall make all major policy
determinations governing the operation of RFE/RL,
Incorporated, and shall appoint and fix the compensation of
such managerial officers and employees of RFE/RL,
Incorporated, as it considers necessary to carry out the
purposes of the grant provided under this title.
(b) Location of Principal Place of Business.--
(1) The Board may not make any grant to RFE/RL,
Incorporated unless the headquarters of RFE/RL, Incorporated
and its senior administrative and managerial staff are in a
location which ensures economy, operational effectiveness,
and accountability to the Board.
(2) Not later than 90 days after confirmation of all
members of the Board, the Board shall provide a report to
Congress on the number of administrative, managerial, and
technical staff of RFE/RL Incorporated who will be located
within the metropolitan area of Washington, D.C., and the
number of employees whose principal place of business will be
located outside the metropolitan area of Washington, DC.
(c) Limitation on Grant Amounts.--The total amount of
grants made by the Board for the operating costs of Radio
Free Europe and Radio Liberty may not exceed $75,000,000 for
any fiscal year after fiscal year 1995.
(d) Alternative Grantee.--If the Board determines at any
time that RFE/RL, Incorporated, is not carrying out the
functions described in section 309 in an effective and
economical manner, the Board may award the grant to carry out
such functions to another entity after soliciting and
considering applications from eligible entities in such
manner and accompanied by such information as the Board may
reasonably require.
(e) Not a Federal Agency or Instrumentality.--Nothing in
this title may be construed to make RFE/RL, Incorporated a
Federal agency or instrumentality.
(f) Authority.--Grants authorized under section 305 for
RFE/RL, Incorporated, shall be available to make annual
grants for the purpose of carrying out similar functions as
were carried out by RFE/RL, Incorporated, on the day before
the date of enactment of this Act with respect to Radio Free
Europe and Radio Liberty, consistent with section 2 of the
Board for International Broadcasting Act of 1973, as in
effect on such date.
(g) Grant Agreement.--Grants to RFE/RL, Incorporated, by
the Board shall only be made in compliance with a grant
agreement. The grant agreement shall establish guidelines for
such grants. The grant agreement shall include the following
provisions--
(1) that grant be used only for activities which the Board
determines are consistent with the purposes of subsection
(f);
(2) that RFE/RL, Incorporated, shall otherwise comply with
the requirements of this section;
(3) that failure to comply with the requirements of this
section may result in suspension or termination of a grant
without further obligation by the Board or the United States;
[[Page 742]]
(4) that duplication of language services and technical
operations between RFE/RL, Incorporated and the International
Broadcasting Bureau be reduced to the extent appropriate, as
determined by the Board; and
(5) that RFE/RL, Incorporated, justify in detail each
proposed expenditure of grant funds, and that such funds may
not be used for any other purpose unless the Board gives its
prior written approval.
(h) Prohibited Uses of Grant Funds.--No grant funds
provided under this section may be used for the following
purposes:
(1)(A) Except as provided in subparagraph (B), to pay any
salary or other compensation, or enter into any contract
providing for the payment of salary or compensation in excess
of the rates established for comparable positions under title
5 of the United States Code or the foreign relations laws of
the United States, except that no employee may be paid a
salary or other compensation in excess of the rate of pay
payable for level IV of the Executive Schedule under section
5315 of title 5, United States Code.
(B) Salary and other compensation limitations under
subparagraph (A) shall not apply prior to October 1, 1995,
with respect to any employee covered by a union agreement
requiring a salary or other compensation in excess of such
limitations.
(2) For any activity for the purpose of influencing the
passage or defeat of legislation being considered by
Congress.
(3) To enter into a contract or obligation to pay severance
payments for voluntary separation for employees hired after
December 1, 1990, except as may be required by United States
law or the laws of the country where the employee is
stationed.
(4) For first class travel for any employee of RFE/RL,
Incorporated, or the relative of any employee.
(5) To compensate freelance contractors without the
approval of the Board.
(i) Report on Management Practices.--(1) Effective not
later than March 31 and September 30 of each calendar year,
the Inspector General of the United States Information Agency
shall submit to the Board, the Director of the United States
Information Agency, and the Congress a report on management
practices of RFE/RL, Incorporated, under this section. The
Inspector General of the United States Information Agency
shall establish a special unit within the Inspector General's
office to monitor and audit the activities of RFE/RL,
Incorporated, and shall provide for on-site monitoring of
such activities.
(j) Audit Authority.--
(1) Such financial transactions of RFE/RL, Incorporated, as
relate to functions carried out under this section may be
audited by the General Accounting Office in accordance with
such principles and procedures and under such rules and
regulations as may be prescribed by the Comptroller General
of the United States. Any such audit shall be conducted at
the place or places where accounts of RFE/RL, Incorporated,
are normally kept.
(2) Representatives of the General Accounting Office shall
have access to all books, accounts, records, reports, files,
papers, and property belonging to or in use by RFE/RL,
Incorporated pertaining to such financial transactions and
necessary to facilitate an audit. Such representatives shall
be afforded full facilities for verifying transactions with
any assets held by depositories, fiscal agents, and
custodians. All such books, accounts, records, reports files,
papers, and property of RFE/RL, Incorporated, shall remain in
the possession and custody of RFE/RL, Incorporated.
(3) Notwithstanding any other provision of law and upon
repeal of the Board for International Broadcasting Act, the
Inspector General of the United States Information Agency is
authorized to exercise the authorities of the Inspector
General Act of 1978 with respect to RFE/RL, Incorporated.
(k) Plan for Relocation.--None of the funds authorized to
be appropriated for the fiscal years 1994 or 1995 may be used
to relocate the offices or operations of RFE/RL, Incorporated
from Munich, Germany, unless--
(1) such relocation is specifically provided for in an
appropriation Act or pursuant to a reprogramming
notification; and
(2)(A) such relocation is authorized by the Board and the
Board submits to the Comptroller General of the United States
and the appropriate Congressional committees a detailed plan
for such relocation, including cost estimates and any and all
fiscal data, audits, business plans, and other documents
which justify such relocation; or
(B) prior to the confirmation of all members of the Board,
such relocation is authorized by the President, the President
certifies that significant national interest requires that
such relocation determination be made before the confirmation
of all members of the Board, and the President submits to the
Comptroller General of the United States and the appropriate
congressional committees a detailed plan for such relocation,
including cost estimates and any and all fiscal data, audits,
business plans, and other documents which justify such
relocation.
(l) Reports on Personnel Classification.--Not later than 90
days after the date of confirmation of all members of the
Board, the Board shall submit a report to the Congress
containing a justification, in terms of the types of duties
performed at specific rates of salary and other compensation,
of the classification of personnel employed by RFE/RL,
Incorporated. The report shall include a comparison of the
rates of salary or other compensation and classifications
provided to employees of RFE/RL, Incorporated, with the rates
of salary or other compensation and classifications of
employees of the Voice of America stationed overseas in
comparable positions and shall identify any disparities and
steps which should be taken to eliminate such disparities.
SEC. 309. RADIO FREE ASIA.
(a) Authority.--
(1) Grants authorized under section 305 shall be available
to make annual grants for the purpose of carrying out radio
broadcasting to the following countries: The People's
Republic of China, Burma, Cambodia, Laos, North Korea, Tibet,
and Vietnam.
(2) Such broadcasting service shall be referred to as
``Radio Free Asia''.
(b) Functions.--Radio Free Asia shall--
(1) provide accurate and timely information, news, and
commentary about events in the respective countries of Asia
and elsewhere; and
(2) be a forum for a variety of opinions and voices from
within Asian nations whose people do not fully enjoy freedom
of expression.
(c) Submission of Detailed Plan for Radio Free Asia.--
(1) No grant may be awarded to carry out this section
unless the Board, through the Director of the United States
Information Agency, has submitted to Congress a detailed plan
for the establishment and operation of Radio Free Asia,
including--
(A) a description of the manner in which Radio Free Asia
would meet the funding limitations provided in subsection
(d)(4);
(B) a description of the numbers and qualifications of
employees it proposes to hire; and
(C) how it proposes to meet the technical requirements for
carrying out its responsibilities under this section.
(2) The plan required by paragraph (1) shall be submitted
not later than 90 days after the date on which all members of
the Board are confirmed.
(3) No grant may be awarded to carry out the provisions of
this section unless the plan submitted by the Board includes
a certification by the Board that Radio Free Asia can be
established and operated within the funding limitations
provided for in subsection (d)(4) and subsection (d)(5).
(4) If the Board determines that a Radio Free Asia cannot
be established or operated effectively within the funding
limitations provided for in this section, the Board may
submit, through the Director of United States Information
Agency, an alternative plan and such proposed changes in
legislation as may be necessary to the appropriate
congressional committees.
(d) Grant Agreement.--Any grant agreement or grants under
this section shall be subject to the following limitations
and restrictions:
(1)(A) The Board may not make any grant to Radio Free Asia
unless the headquarters of Radio Free Asia and its senior
administrative and managerial staff are in a location which
ensures economy, operational effectiveness, and
accountability to the Board.
(B) Not later than 90 days after confirmation of the Board,
the Board shall provide a report to Congress on the number of
administrative, managerial, and technical staff of Radio Free
Asia who will be located within the metropolitan area of
Washington, D.C., and the number of employees whose principal
place of business will be located outside the metropolitan
area of Washington, D.C.
(2) Any grant agreement under this section shall require
that any contract entered into by Radio Free Asia shall
specify that all obligations are assumed by Radio Free Asia
and not by the United States Government, and shall further
specify that funds to carry out the activities of Radio Free
Asia may not be available after September 30, 1999.
(3) Any grant agreement shall require that any lease
agreements entered into by Radio Free Asia shall be, to the
maximum extent possible, assignable to the United States
Government.
(4) Grants made for the operating costs of Radio Free Asia
may not exceed $22,000,000 in any fiscal year.
(5) The total amount of grant funds made available for one-
time capital costs of Radio Free Asia may not exceed
$8,000,000.
(6) Grants awarded under this section shall be made
pursuant to a grant agreement which requires that grant funds
be used only for activities consistent with this section, and
that failure to comply with such requirements shall permit
the grant to be terminated without fiscal obligation to the
United States.
(e) Limitations on Administrative and Managerial Costs.--It
is the sense of the Congress that administrative and
managerial costs for operation of Radio Free Asia should be
kept to a minimum and, to the maximum extent feasible, should
not exceed the costs that would have been incurred if Radio
Free Asia had been operated as a Federal entity rather than
as a grantee.
(f) Assessment of the Effectiveness of Radio Free Asia.--
Not later than 3 years after the date on which initial
funding is provided for the purpose of operating Radio Free
Asia, the Board shall submit to the appropriate congressional
committees a report on--
(1) whether Radio Free Asia is technically sound and cost-
effective,
(2) whether Radio Free Asia consistently meets the
standards for quality and objectivity established by this
title,
(3) whether Radio Free Asia is received by a sufficient
audience to warrant its continuation,
(4) the extent to which such broadcasting is already being
received by the target audience from other credible sources;
and
[[Page 743]]
(5) the extent to which the interests of the United States
are being served by maintaining broadcasting of Radio Free
Asia.
(g) Sunset Provision.--The Board may not make any grant for
the purpose of operating Radio Free Asia after September 30,
1998, unless the President of the United States determines in
the President's fiscal year 1999 budget submission that
continuation of funding for Radio Free Asia for 1 additional
year is in the interest of the United States.
(h) Notification and Consultation Regarding Displacement of
Voice of America Broadcasting.--The Board shall notify the
appropriate congressional committees before entering into any
agreements for the utilization of Voice of America
transmitters, equipment, or other resources that will
significantly reduce the broadcasting activities of the Voice
of America in Asia or any other region in order to
accommodate the broadcasting activities of Radio Free Asia.
The Chairman of the Board shall consult with such committees
on the impact of any such reduction in Voice of America
broadcasting activities.
(i) Not a Federal Agency or Instrumentality.--Nothing in
this title may be construed to make Radio Free Asia a Federal
agency or instrumentality.
SEC. 310. TRANSITION.
(a) Authorization.--
(1) The President is authorized consistent with the
purposes of this Act to direct the transfer of all functions
and authorities from the Board for International Broadcasting
to the United States Information Agency, the Board, or the
Bureau as may be necessary to implement this title.
(2)(A) Not later than 120 days after the date of enactment
of this Act, the Director of the United States Information
Agency and the Chairman of the Board for International
Broadcasting shall jointly prepare and submit to the
President for approval and implementation a plan to implement
the provisions of this title. Such plan shall include at a
minimum a detailed cost analysis to implement fully the
recommendations of such plan. The plan shall identify all
costs in excess of those authorized for such purposes and
shall provide that any excess cost to implement the plan
shall be derived only from funds authorized in section 201 of
this Act.
(B) The President shall transmit copies of the approved
plan, together with any recommendations for legislative
changes that may be necessary, to the appropriate
congressional committees.
(b) New Appointees.--The Director of the United States
Information Agency may assign employees of the Agency for
service with RFE/RL, Incorporated, with the concurrence of
the president of RFE/RL, Incorporated. Such assignment shall
not affect the rights and benefits of such personnel as
employees of the United States Information Agency.
(c) Board for International Broadcasting Personnel.--All
Board for International Broadcasting full-time United States
Government personnel (except special Government employees)
and part-time United States Government personnel holding
permanent positions shall be transferred to the United States
Information Agency, the Board, or the Bureau. Such transfer
shall not cause any such employee to be separated or reduced
in grade or compensation.
(d) Other Authorities.--The Director of the United States
Information Agency is authorized to utilize the provisions of
titles VIII and IX of the United States Information and
Educational Exchange Act of 1948, and any other authority
available to the Director on the date of enactment of this
Act, to the extent that the Director considers necessary in
carrying out the provisions and purposes of this title.
(e) Repeal.--The Board for International Broadcasting Act
of 1973 (22 U.S.C. 2871, et seq.) is repealed effective
September 30, 1995, or the date on which all members of the
Board are confirmed, whichever is earlier.
(f) Savings Provisions.--
(1) Continuing effect of legal documents.--All orders,
determinations, rules, regulations, permits, agreements,
grants, contracts, certificates, licenses, registrations,
privileges, and other administrative actions--
(A) which have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction, in
the performance of functions which are transferred under this
title; and
(B) which are in effect at the time this title takes
effect, or were final before the effective date of this title
and are to become effective on or after the effective date of
this title,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, the Director of the
United States Information Agency or other authorized
official, a court of competent jurisdiction, or by operation
of law.
(2) Proceedings not affected.--The provisions of this title
shall not affect any proceedings pending before the Board for
International Broadcasting at the time this title takes
effect, with respect to functions transferred by this title,
but such proceedings shall be continued. Orders shall be
issued in such proceedings, appeals shall be taken therefrom,
and payments shall be made pursuant to such orders, as if
this title had not been enacted, and orders issued in any
such proceedings shall continue in effect until modified,
terminated, superseded, or revoked by a duly authorized
official, by a court of competent jurisdiction, or by
operation of law. Nothing in this subsection shall be deemed
to prohibit the termination or modification of any such
proceeding under the same terms and conditions and to the
same extent that such proceeding could have been terminated
or modified if this title had not been enacted.
(3) Suits not affected.--The provisions of this title shall
not affect suits commenced before the effective date of this
title, and in all such suits, proceedings shall be had,
appeals taken, and judgments rendered in the same manner and
with the same effect as if this title had not been enacted.
(4) Nonabatement of actions.--No suit, action, or other
proceeding commenced by or against the Board for
International Broadcasting or by or against any individual in
the official capacity of such individual as an officer of the
Board for International Broadcasting shall abate by reason of
the enactment of this title.
(5) Administrative actions relating to promulgation of
regulations.--Any administrative action relating to the
preparation or promulgation of a regulation by the Board for
International Broadcasting relating to a function transferred
under this title may be continued by the United States
Information Agency with the same effect as if this title had
not been enacted.
(6) References.--A reference in any provision of law,
reorganization plan, or other authority to the Associate
Director for Broadcasting of the United States Information
Agency shall be considered to be a reference to the Director
of the International Broadcasting Bureau of the United States
Information Agency.
(7) Effect on other laws.--The provisions of, and
authorities contained in or transferred pursuant to, this
title are not intended to repeal, limit, or otherwise
derogate from the authorities or functions of or available to
the Director of the United States Information Agency or the
Secretary of State under law, reorganization plan, or
otherwise, unless such provision hereof--
(A) specifically refers to the provision of law or
authority existing on the effective date of this title, so
affected; or
(B) is in direct conflict with such law or authority
existing on the effective date of this title.
SEC. 311. PRESERVATION OF AMERICAN JOBS.
It is the sense of the Congress that the Director of the
United States Information Agency and the Chairman of the
Board for International Broadcasting should, in developing
the plan for consolidation and reorganization of overseas
international broadcasting services, limit, to the maximum
extent feasible, consistent with the purposes of the
consolidation, elimination of any United States-based
positions and should affirmatively seek to transfer as many
positions as possible to the United States.
SEC. 312. PRIVATIZATION OF RADIO FREE EUROPE AND RADIO
LIBERTY.
(a) Declaration of Policy.--It is the sense of the Congress
that, in furtherance of the objectives of section 302 of this
Act, the funding of Radio Free Europe and Radio Liberty
should be assumed by the private sector not later than
December 31, 1999, and that the funding of Radio Free Europe
and Radio Liberty Research Institute should be assumed by the
private sector at the earliest possible time.
(b) Presidential Submission.--The President shall submit
with his annual budget submission as provided for in section
307 an analysis and recommendations for achieving the
objectives of subsection (a).
(c) Reports on Transfer of RFE/RL Research Institute.--Not
later than 120 days after the date of enactment of this Act,
the Board for International Broadcasting, or the Board, if
established, shall submit to the appropriate congressional
committees a report on the steps being taken to transfer RFE/
RL Research Institute pursuant to subsection (a) and shall
provide periodic progress reports on such efforts until such
transfer has been achieved.
SEC. 313. REQUIREMENT FOR AUTHORIZATION OF APPROPRIATIONS.
(a) Limitation on Obligation and Expenditure of Funds.--
Notwithstanding any other provision of law, for the fiscal
year 1994 and for each subsequent fiscal year, any funds
appropriated for the purposes of broadcasting subject to the
direction and supervision of the Board shall not be available
for obligation or expenditure--
(1) unless such funds are appropriated pursuant to an
authorization of appropriations; or
(2) in excess of the authorized level of appropriations.
(b) Subsequent Authorization.--The limitation under
subsection (a) shall not apply to the extent that an
authorization of appropriations is enacted after such funds
are appropriated.
(c) Application.--The provisions of this section--
(1) may not be superseded, except by a provision of law
which specifically repeals, modifies, or supersedes the
provisions of this section; and
(2) shall not apply to, or affect in any manner, permanent
appropriations, trust funds, and other similar accounts which
are authorized by law and administered under or pursuant to
this title.
SEC. 314. DEFINITIONS.
For the purposes of this title--
(1) the term ``appropriate congressional committees'' means
the Committee on Foreign Relations and the Committee on
Appro-
[[Page 744]]
priations of the Senate and the Committee on Foreign Affairs
and the Committee on Appropriations of the House of
Representatives;
(2) the term ``RFE/RL, Incorporated'' includes--
(A) the corporation having the corporate title described in
section 307(b)(3); and
(B) any alternative grantee described in section 307(e).
(3) the term ``salary or other compensation'' includes any
deferred compensation or pension payments, any payments for
expenses for which the recipient is not obligated to itemize,
and any payments for personnel services provided to an
employee of RFE/RL, Incorporated.
SEC. 315. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Voice of America Broadcasts.--Section 503 of the United
States Information and Educational Exchange Act of 1948 (22
U.S.C. 1463) is repealed.
(b) Israel Relay Station.--Section 301(c) of the Foreign
Relations Authorization Act, Fiscal Years 1990 and 1991, is
repealed.
(c) Board for International Broadcasting Act.--Section
4(a)(1) of the Board for International Broadcasting Act of
1973 is amended to read as follows:
``(1) to make grants to RFE/RL, Incorporated and, until
September 30, 1995, to make grants to entities established in
the privatization of certain functions of RFE/RL,
Incorporated in order to carry out the purposes set forth in
section 2 of this Act;''.
TITLE IV--INTERNATIONAL ORGANIZATIONS
Part A--United Nations Reform and Peacekeeping Operations
SEC. 401. UNITED NATIONS OFFICE OF INSPECTOR GENERAL.
(a) Withholding of Portion of Certain Assessed
Contributions.--Until a certification is made under
subsection (b), the following amounts shall be withheld from
obligation and expenditure (in addition to any amounts
required to be withheld by any other provision of this Act):
(1) FY 1994 assessed contributions for un regular budget.--
Of the funds appropriated for ``Contributions to
International Organizations'' for fiscal year 1994, 10
percent of the amount for United States assessed
contributions to the regular budget of the United Nations
shall be withheld.
(2) FY 1995 assessed contributions for un regular budget.--
Of the funds appropriated for ``Contributions to
International Organizations'' for fiscal year 1995, 20
percent of the amount for United States assessed
contributions to the regular budget of the United Nations
shall be withheld.
(3) Supplemental assessed peacekeeping contributions.--Of
the funds appropriated for ``Contributions for International
Peacekeeping Activities'' for a fiscal year pursuant to the
authorization of appropriations under section 102(d), 50
percent shall be withheld.
(b) Certification.--The certification referred to in
subsection (a) is a certification by the President to the
Congress that--
(1) the United Nations has established an independent
office of Inspector General to conduct and supervise
objective audits, inspections, and investigations relating to
the programs and operations of the United Nations;
(2) the Secretary General of the United Nations has
appointed an Inspector General, with the approval of the
General Assembly, and that appointment was made principally
on the basis of the appointee's integrity and demonstrated
ability in accounting, auditing, financial analysis, law,
management analysis, public administration, or
investigations;
(3) the Inspector General is authorized to--
(A) make investigations and reports relating to the
administration of the programs and operations of the United
Nations;
(B) have access to all records, documents, and other
available materials relating to those programs and
operations; and
(C) have direct and prompt access to any official of the
United Nations;
(4) the United Nations has procedures in place designed to
protect the identity of, and to prevent reprisals against,
any staff member making a complaint or disclosing information
to, or cooperating in any investigation or inspection by, the
Inspector General;
(5) the United Nations has procedures in place designed to
ensure compliance with the recommendations of the Inspector
General; and
(6) the United Nations has procedures in place to ensure
that all annual and other relevant reports submitted by the
Inspector General are made available to the General Assembly
without modification.
(c) Specialized Agencies.--United States representatives to
the United Nations should promote complete Inspector General
access to all records and officials of the specialized
agencies of the United Nations, and should strive to achieve
such access by fiscal year 1996.
(d) Definition.--For purposes of this part, the term
``Inspector General'' means the head of an independent office
(or other independent entity) established by the United
Nations to conduct and supervise objective audits,
inspections, and investigations relating to the programs and
operations of the United Nations.
SEC. 402. UNITED STATES PARTICIPATION IN MANAGEMENT OF THE
UNITED NATIONS.
It is the sense of the Congress that, consistent with the
United Nations Charter, United States nationals should have
equitable representation at senior management levels in the
United Nations system, especially in the Department for
Administration and Mangement and in the office of the
Inspector General.
SEC. 403. SENSE OF THE SENATE ON DEPARTMENT OF DEFENSE
FUNDING FOR UNITED NATIONS PEACEKEEPING
OPERATIONS.
It is the sense of the Senate that beginning October 1,
1995, funds made available to the Department of Defense
(including funds for ``Operation and Maintenance'') shall be
available for--
(1) United States assessed or voluntary contributions for
United Nations peacekeeping operations, or
(2) the unreimbursable incremental costs associated with
the participation of United States Armed Forces in any United
Nations peacekeeping operation (other than an operation
necessary to protect American lives or United States national
interests),
only to the extent that the Congress has authorized,
appropriated, or otherwise approved funds for such purposes.
SEC. 404. ASSESSED CONTRIBUTIONS FOR UNITED NATIONS
PEACEKEEPING OPERATIONS.
(a) Reassessment of Contribution Percentages.--The
Permanent Representative of the United States to the United
Nations should make every effort to ensure that the United
Nations completes an overall review and reassessment of each
nation's assessed contributions for United Nations
peacekeeping operations. As part of the overall review and
assessment, the Permanent Representative should make every
effort to advance the concept that, when appropriate, host
governments and other governments in the region where a
United Nations peacekeeping operation is carried out should
bear a greater burden of its financial cost.
(b) Limitation on United States Contributions.--
(1) Fiscal years 1994 and 1995.--Funds authorized to be
appropriated for ``Contributions for International
Peacekeeping Activities'' for fiscal years 1994 and 1995
shall not be available for the payment of the United States
assessed contribution for a United Nations peacekeeping
operation in an amount which is greater than 30.4 percent of
the total of all assessed contributions for that operation,
notwithstanding the last sentence of the paragraph headed
``Contributions to International Organizations'' in Public
Law 92-544, as amended by section 203 of the Foreign
Relations Authorization Act, Fiscal Year 1976 (22 U.S.C. 287e
note).
(2) Subsequent fiscal years.--Funds authorized to be
appropriated for ``Contributions for International
Peacekeeping Activities'' for any fiscal year after fiscal
year 1995 shall not be available for the payment of the
United States assessed contribution for a United Nations
peacekeeping operation in an amount which is greater than 25
percent of the total of all assessed contributions for that
operation.
(3) Conforming amendment.--The last sentence of the
paragraph headed ``Contributions to International
Organizations'' in Public Law 92-544, as amended by section
203 of the Foreign Relations Authorization Act, Fiscal Year
1976 (22 U.S.C. 287e note), is amended by striking
``conducted by or under the auspices of the United Nations
or'' and inserting ``(other than United Nations peacekeeping
operations) conducted''.
SEC. 405. UNITED STATES PERSONNEL TAKEN PRISONER WHILE
SERVING IN MULTINATIONAL FORCES.
It is the sense of the Congress that--
(1) the President should take immediate steps, unilaterally
and in appropriate international bodies, to assure that any
United States military personnel serving as part of a
multinational force who are captured are accorded protections
equivalent to those accorded to prisoners of war under the
1949 Geneva Conventions and other international agreements
intended to protect prisoners of war; and
(2) the President should also take all necessary steps to
bring to justice all individuals responsible for any
mistreatment or torture of, or for causing the death of,
United States military personnel who are captured while
serving in a multinational force.
SEC. 406. TRANSMITTALS OF CERTAIN UNITED NATIONS DOCUMENTS.
Section 4 of the United Nations Participation Act of 1945
(22 U.S.C. 287b) is amended--
(1) by inserting ``(a) Periodic Reports.--'' after ``Sec.
4.''; and
(2) by adding at the end the following:
``(b) Transmittal of Security Council Resolutions.--Not
later than 3 days (excluding Saturdays, Sundays, and legal
holidays) after adoption of any resolution by the Security
Council, the Secretary of State shall transmit the text of
such resolution and any supporting documentation to the
designated congressional committees.
``(c) Reports on Peacekeeping Operations.--The Secretary of
State shall promptly transmit to the designated congressional
committees any published report prepared by the United
Nations and distributed to the members of the Security
Council that contains assessments of any proposed, ongoing,
or concluded United Nations peacekeeping operation.''.
SEC. 407. CONSULTATIONS AND REPORTS.
(a) Consultations and Reports on UN Peacekeeping
Operations.--
(1) Consultations.--Each month the President shall consult
with the Congress on the status of United Nations
peacekeeping operations.
(2) Information to be provided.--In connection with these
consultations, the follow-
[[Page 745]]
ing information shall be provided each month to the
designated congressional committees:
(A) With respect to ongoing United Nations peacekeeping
operations, the following:
(i) A list of all resolutions of the United Nations
Security Council anticipated to be voted on during such month
that would extend or change the mandate of any United Nations
peacekeeping operation.
(ii) For each such operation, any changes in the duration,
mandate, and command and control arrangements that are
anticipated as a result of the adoption of the resolution.
(iii) An estimate of the total cost to the United Nations
of each such operation for the period covered by the
resolution, and an estimate of the amount of that cost that
will be assessed to the United States.
(iv) Any anticipated significant changes in United States
participation in or support for each such operation during
the period covered by the resolution, and the estimated costs
to the United States of such changes.
(B) With respect to each new United Nations peacekeeping
operation that is anticipated to be authorized by a Security
Council resolution during such month, the following
information for the period covered by the resolution:
(i) The anticipated duration, mandate, and command and
control arrangements of such operation.
(ii) An estimate of the total cost to the United Nations of
the operation, and an estimate of the amount of that cost
that will be assessed to the United States.
(iii) A description of the functions that would be
performed by any United States Armed Forces participating in
or otherwise operating in support of the operation, an
estimate of the number of members of the Armed Forces that
will participate in or otherwise operate in support of the
operation, and an estimate of the cost to the United States
of such participation or support.
(3) Written information.--The information described in
clauses (i) and (iii) of paragraph (2)(A) and the information
described in clauses (i) and (ii) of paragraph (2)(B) shall
be provided each month to the designated congressional
committees in written form not later than the 10th day of
that month.
(4) Interim information.--(A) The President shall submit to
the designated congressional committees a written interim
report if, during the period between the monthly
consultations required by paragraph (1), the United States
learns that the United Nations Security Council is likely,
before the next such consultation, to vote on a resolution
that would authorize a new United Nations peacekeeping
operation and that resolution was not previously reported on
pursuant to paragraph (2)(B). Each interim report shall
include the information described in clauses (i) and (ii) of
paragraph (2)(B).
(B) Any such interim report shall be submitted not less
than 5 days before the vote of the United Nations Security
Council, unless the President determines that exceptional
circumstances prevented compliance with the requirement to
report 5 days in advance. If the President makes such a
determination, the interim report shall be submitted promptly
(but in no case later than 3 days after the vote) and shall
include a copy of the determination and a description of the
exceptional circumstances which were the basis for that
determination.
(5) Notification and quarterly reports regarding united
states assistance.--(A) The President shall notify the
designated congressional committees at least 15 days before
the United States provides any assistance to the United
Nations to support peacekeeping operations. This subparagraph
does not apply to--
(i) assistance having a value of less than $3,000,000 in
the case of nonreimburseable assistance or less than
$14,000,000 in the case of reimburseable assistance, or
(ii) assistance provided under the emergency drawdown
authority of sections 506(a)(1) and 552(c)(2) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2318(a)(1) and
2348a(c)(2)).
(B) The President shall submit quarterly reports to the
designated congressional committees on all assistance
provided by the United States during the preceding calendar
quarter to the United Nations to support peacekeeping
operations. Each report shall describe the assistance
provided for each such operation, listed by category of
assistance. The report for the fourth calendar quarter of
each year shall be submitted as part of the annual report
required by section 4(d) of the United Nations Participation
Act of 1945 (as added by subsection (b) of this section) and
shall include cumulative information for the preceding
calendar year.
(b) Annual Reports.--Section 4 of United Nations
Participation Act of 1945 (22 U.S.C. 287b), as amended by the
preceding section of this title, is further amended by adding
at the end the following:
``(d) Annual Report.--In addition to the report required by
subsection (a), the President, at the time of submission of
the annual budget request to the Congress, shall submit to
designated congressional committees a report that includes
the following:
``(1) Costs of peacekeeping operations.--
``(A) In accordance with section 407(a)(5)(B) of the
Foreign Relations Authorization Act, Fiscal Years 1994 and
1995, a description of all assistance provided by the United
States to the United Nations to support peacekeeping
operations during the previous calendar quarter and during
the previous year.
``(B) With respect to United Nations peacekeeping
operations--
``(i) the aggregate cost of all United Nations peacekeeping
operations for the prior fiscal year;
``(ii) the costs of each United Nations peacekeeping
operation for the prior fiscal year; and
``(iii) the amount of United States contributions (both
assessed and voluntary) to United Nations peacekeeping
operations on an operation-by-operation basis for the prior
fiscal year.
``(C) With respect to other international peacekeeping
operations in which the United States participates--
``(i) the aggregate cost of all such operations for the
prior fiscal year;
``(ii) the costs of each such operation for the prior
fiscal year; and
``(iii) the amount of United States contributions (both
assessed and voluntary) to such operations on an operation-
by-operation basis for the prior fiscal year.
``(D) In the case of the first 2 reports submitted pursuant
to this subsection, a projection of all United States costs
for United Nations peacekeeping operations during each of the
next 2 fiscal years, including assessed and voluntary
contributions.
``(2) Other matters regarding peacekeeping operations.--
``(A) An assessment of the effectiveness of ongoing
international peacekeeping operations, their relevance to
United States national interests, the efforts by the United
Nations and other international organizations (as applicable)
to resolve the relevant armed conflicts, and the projected
termination dates for all such operations.
``(B) The dollar value and percentage of total peacekeeping
contracts that have been awarded to United States contractors
during the previous year.
``(3) United nations reform.--
``(A)(i) A description of the status of efforts to
establish and implement an independent office of the
Inspector General at the United Nations.
``(ii) If an office of the Inspector General has been
established at the United Nations, a discussion of whether
the Inspector General is keeping the Secretary General and
the members of the General Assembly fully informed about
problems, deficiencies, the necessity for corrective action,
and the progress of corrective action.
``(iii) For purposes of this subparagraph, the term `office
of the Inspector General' means an independent office (or
other independent entity) established by the United Nations
to conduct and supervise objective audits, inspections, and
investigations relating to the programs and operations of the
United Nations.
``(B) A description of the status of efforts to reduce the
United States peacekeeping assessment rate.
``(C) A description of the status of other United States
efforts to achieve financial and management reform at the
United Nations.
``(4) Military personnel participating in multinational
forces.--A description of--
``(A) the status under international law of members of
multinational forces, including the legal status of such
personnel if captured, missing, or detained; and
``(B) the extent of the risk for United States military
personnel who are captured while participating in
multinational forces in cases where their captors fail to
respect the 1949 Geneva Conventions and other international
agreements intended to protect prisoners of war; and
``(C) the specific steps that have been taken to protect
United States military personnel participating in
multinational forces, together (if necessary) with any
recommendations for the enactment of legislation to achieve
that objective.
``(5) Human rights and un peacekeeping forces.--A
description of the efforts by United Nations peacekeeping
forces to promote and protect internationally recognized
human rights standards, including the status of
investigations in any case of alleged human rights violations
during the preceding year by personnel participating in
United Nations peacekeeping forces, as well as any action
taken in such cases.
``(e) Designated Congressional Committees.--As used in this
section, the term `designated congressional committees' has
the meaning given that term by section 415 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995.''.
SEC. 408. TRANSFERS OF EXCESS DEFENSE ARTICLES FOR
INTERNATIONAL PEACEKEEPING OPERATIONS.
Chapter 2 of part II of the Foreign Assistance Act of 1961
is amended by adding after section 519 (22 U.S.C. 2321m) the
following:
``SEC. 520. TRANSFERS OF EXCESS DEFENSE ARTICLES FOR
INTERNATIONAL PEACEKEEPING OPERATIONS.
``(a) General Authority.--The President may transfer to
international and regional organizations of which the United
States is a member such excess defense articles as the
President determines necessary to support international
peacekeeping operations and other activities and operations
to maintain and restore international peace and security.
Such transfers shall be on such terms and conditions as the
President may determine, consistent with this section.
``(b) Conditionality of Authority.--
``(1) In general.--The authority of subsection (a) may not
be exercised with respect to an international or regional
organization until the United States has entered into a
written agreement with that organization providing that the
value of any excess de-
[[Page 746]]
fense articles transferred under this section shall be
credited against United States assessed contributions to that
organization. For purposes of this paragraph, the term
`value' means such amount as may be agreed upon by the United
States and the recipient organization, except that such
amount may not be less than the value (as defined in section
644(m)(1) of this Act) of the articles transferred.
``(2) Crediting of transfers.--(A) The credit provided for
pursuant to paragraph (1) shall be counted against United
States assessed contributions to the recipient organization
that are payable from the `Contribution to International
Peacekeeping Activities' account of the Department of State,
except to the extent such credit is counted, in accordance
with subparagraph (B), against an assessed contribution
payable from an account established within the Department of
Defense.
``(B) If--
``(i) an account is established within the Department of
Defense for payment of a portion of United States assessed
contributions for United Nations operations,
``(ii) excess defense articles are transferred under this
section for a United Nations operation, and
``(iii) the United States assessed contribution for that
operation is payable from that account,
the credit for those excess defense articles shall be counted
against the assessed contribution payable from that account,
but only to the extent that the value of the excess defense
articles so transferred for that operation during a fiscal
year does not exceed the total United States assessed
contribution payable for that operation from that account
during that fiscal year.
``(c) Limitations on Transfers.--The President may transfer
excess defense articles under this section only if--
``(1) they are drawn from existing stocks of the Department
of Defense (or the Coast Guard);
``(2) funds available to the Department of Defense (or the
Coast Guard) for the procurement of defense equipment are not
expended in connection with the transfer;
``(3) the transfer of the excess defense articles will not
have an adverse impact on the military readiness of the
United States; and
``(4) the President has established procedures and
requirements, comparable to those applicable under section
505 of this Act, to ensure that such excess defense articles
will be used only for purposes that have been agreed to by
the United States.
``(d) Notification to Congress.--
``(1) In general.--The President shall notify the
designated congressional committees regarding any transfer of
excess defense articles under this section in accordance with
paragraph (2). This notification shall include--
``(A) a discussion of the need for the transfer;
``(B) an assessment of the impact of the transfer on the
military readiness of the United States; and
``(C) a statement of--
``(i) the acquisition cost and the value (as defined in
section 644(m)(1) of this Act) of the excess defense articles
to be transferred, and
``(ii) the aggregate acquisition cost and the aggregate
value (as so defined) of all excess defense articles for
which notification has been provided under this subsection
during that fiscal year with respect to transfers to the same
organization under this section.
``(2) Timing of notice.--(A) The President shall notify the
designated congressional committees pursuant to paragraph (1)
at least 15 days before the excess defense articles are
transferred under this section, except as provided in
subparagraph (B).
``(B) If the President determines that an unforeseen
emergency requires the immediate transfer of excess defense
articles under this section, the President--
``(i) may waive the requirement of subparagraph (A) that
notice be provided at least 15 days in advance of the
transfer; and
``(ii) shall promptly notify the designated congressional
committees of such waiver and transfer.
``(3) Designated committees.--As used in this subsection,
the term `designated congressional committees'' means the
Committee on Foreign Affairs, the Committee on Armed
Services, and the Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations, the
Committee on Armed Services, and the Committee on
Appropriations of the Senate.
``(e) Transportation and Related Costs.--
``(1) In general.--Except as provided in paragraph (2),
funds available to the Department of Defense shall not be
expended for crating, packing, handling, and transporting
excess defense articles transferred under the authority of
this section.
``(2) Exception.--Notwithstanding any other provision of
law, the President may direct the crating, packing, handling,
and transporting of excess defense articles without charge to
an international or regional organization if the President
determines that waiving such costs advances the foreign
policy interests of the United States.
``(f) Waiver of Requirement for Reimbursement of DOD
Expenses.--Section 632(d) shall not apply with respect to
transfers of excess defense articles under this section and
to any costs of crating, packing, handling, and transporting
incurred under subsection (e)(2).''.
SEC. 409. REFORM IN BUDGET DECISIONMAKING PROCEDURES OF THE
UNITED NATIONS AND ITS SPECIALIZED AGENCIES.
(a) Assessed Contributions.--For assessed contributions
authorized to be appropriated for ``Assessed Contributions to
International Organizations'' by this Act, the President may
withhold 20 percent of the funds appropriated for the United
States assessed contribution to the United Nations or to any
of its specialized agencies for any calendar year if the
United Nations or any such agency has failed to implement or
to continue to implement consensus-based decisionmaking
procedures on budgetary matters which assure that sufficient
attention is paid to the views of the United States and other
member states that are the major financial contributors to
such assessed budgets.
(b) Notice to Congress.--The President shall notify the
Congress when a decision is made to withhold any share of the
United States assessed contribution to the United Nations or
its specialized agencies pursuant to subsection (a) and shall
notify the Congress when the decision is made to pay any
previously withheld assessed contribution. A notification
under this subsection shall include appropriate consultation
between the President (or the President's representative) and
the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
(c) Contributions for Prior Years.--Subject to the
availability of appropriations, payment of assessed
contributions for prior years may be made to the United
Nations or any of its specialized agencies notwithstanding
subsection (a) if such payment would further United States
interests in that organization.
(d) Report to Congress.--Not later than February 1 of each
year, the President shall submit to the Congress a report
concerning the amount of United States assessed contributions
paid to the United Nations and each of its specialized
agencies during the preceding calendar year.
(e) Repeal of Existing Law.--Section 162 of the Foreign
Relations Authorization Act, Fiscal Years 1992 and 1993 is
amended by striking subsections (a), (b), (c), and (d).
SEC. 410. LIMITATION ON CONTRIBUTIONS TO THE UNITED NATIONS
AND AFFILIATED ORGANIZATIONS.
The United States shall not make any voluntary or assessed
contribution--
(1) to any affiliated organization of the United Nations
which grants full membership as a state to any organization
or group that does not have the internationally recognized
attributes of statehood, or
(2) to the United Nations, if the United Nations grants
full membership as a state in the United Nations to any
organization or group that does not have the internationally
recognized attributes of statehood,
during any period in which such membership is effective.
SEC. 411. UNITED NATIONS SECURITY COUNCIL MEMBERSHIP.
(a) Findings.--The Congress makes the following findings:
(1) The effectiveness of the United Nations Security
Council in maintaining international peace and security
depends on its being representative of the membership of the
United Nations.
(2) The requirement of equitable geographic distribution in
Article 23 of the United Nations Charter requires that the
members of the Security Council of the United Nations be
chosen by nondiscriminatory means.
(3) The use of informal regional groups of the General
Assembly as the sole means for election of the nonpermanent
members of the Security Council is inherently discriminatory
in the absence of guarantees that all member states will have
the opportunity to join a regional group, and has resulted in
discrimination against Israel.
(b) Sense of Congress.--It is the sense of Congress that
the President should direct the Secretary of State to request
the Secretary-General of the United Nations to seek immediate
resolution of the problem described in this section. The
President shall inform the Congress of any progress in
resolving this situation, together with the submission to
Congress of the request for funding for the ``Contributions
to International Organizations'' account of the Department of
State for the fiscal year 1995.
SEC. 412. REFORMS IN THE WORLD HEALTH ORGANIZATION.
(a) Sense of the Congress.--It is the sense of the Congress
that United States contributions to the World Health
Organization (WHO) should be utilized in the most effective
and efficient manner possible, particularly for the reduction
of diseases and disabilities in developing countries.
(b) Policy.--The President shall direct the United States
representatives to the World Health Assembly, the Executive
Board, and the World Health Organization to monitor the
activities of the World Health Organization to ensure that
such organizations achieve--
(1) the timely implementation of reforms and management
improvements, including those outlined in the resolutions of
the 46th World Health Assembly related to the external
Auditor (WHA 46.21), the Report of the Executive Board on the
WHO Response to Global Change (WHA 46.16) and actions for
Budgetary Reform (WHA 46.35); and
(2) the effective and efficient utilization and monitoring
of resources, including--
(A) the determination of strategic and financial
priorities; and
(B) the establishment of realistic and measurable targets
in accordance with the established health priorities.
[[Page 747]]
SEC. 413. REFORMS IN THE FOOD AND AGRICULTURE ORGANIZATION.
In light of the longstanding efforts of the United States
and the other major donor nations to reform the Food and
Agriculture Organization (FAO) and the findings of the
ongoing investigation of the General Accounting Office, the
Congress makes the following declarations:
(1) It should be the policy of the United States to promote
the following reforms in the Food and Agriculture
Organization:
(A) Decentralization of the administrative structure of
FAO, including eliminating redundant or unnecessary
headquarters staff, increased responsibilities of regional
offices, increased time for consideration of budget issues by
member states, and a more meaningful and direct role for
member states in the decision-making process.
(B) Reform of the FAO Council, including formation of an
executive management committee to provide oversight of
management.
(C) Limitation of the term of the Director General and the
number of terms which an individual may serve.
(D) Restructuring of the Technical Cooperation Program
(TCP), including reducing the number of nonemergency projects
funded through the TCP and establishing procedures to deploy
TCP consultants, supplies, and equipment in a timely manner.
(2) In an effort to increase the presence of United States
personnel at the international food agencies and to enhance
the professionalism of these institutions, it should be the
policy of the United States, to the maximum extent
practicable, to utilize existing personnel programs such as
the United States Department of Agriculture Associate
Professional Officer program to place United States personnel
with unique skills in the Food and Agriculture Organization,
the International Fund for Agricultural Development, and the
World Food Program.
SEC. 414. SENSE OF CONGRESS REGARDING ADHERENCE TO UNITED
NATIONS CHARTER.
It is the sense of the Congress that--
(1) the President should seek an assurance from the
Secretary General of the United Nations that the United
Nations will comply with Article 100 of the United Nations
Charter;
(2) neither the Secretary General of the United Nations nor
his staff should seek or receive instructions from any
government or from any other authority external to the United
Nations; and
(3) the President should report to Congress when he
receives such assurance from the Secretary General of the
United Nations.
SEC. 415. DESIGNATED CONGRESSIONAL COMMITTEES.
For purposes of this part, the term ``designated
congressional committees'' means the Committee on
Appropriations and the Committee on Foreign Relations of the
Senate and the Committee on Appropriations and the Committee
on Foreign Affairs of the House of Representatives.
PART B--GENERAL PROVISIONS AND OTHER INTERNATIONAL ORGANIZATIONS
SEC. 421. AGREEMENT ON STATE AND LOCAL TAXATION.
The President is authorized to bring into force for the
United States the Agreement on State and Local Taxation of
Foreign Employees of Public International Organizations,
which was signed by the United States on April 21, 1992,
except that, notwithstanding the provisions of Article 1.B of
such Agreement, such Agreement shall not require any refunds
of monies paid with respect to tax years ending on or before
December 31, 1993.
SEC. 422. CONFERENCE ON SECURITY AND COOPERATION IN EUROPE.
The President is authorized to implement, for the United
States, the provisions of Annex 1 of the Decision concerning
Legal Capacity and Privileges and Immunities, issued by the
Council of Ministers of the Conference on Security and
Cooperation in Europe on December 1, 1993, in accordance with
the terms of that Annex.
SEC. 423. INTERNATIONAL BOUNDARY AND WATER COMMISSION.
(a) Authorization To Receive Payments.--Section 2 of the
American-Mexican Chamizal Convention Act of 1964 (Public Law
88-300; 22 U.S.C. 277d-18) is amended--
(1) by inserting ``(a)'' before ``The''; and
(2) by adding at the end the following new subsections:
``(b) The United States Commissioner is authorized to
receive payments of money from public or private sources in
the United States or Mexico made for the purpose of sharing
in the cost of replacement of the Bridge of the Americas
which crosses the Rio Grande between El Paso, Texas, and Cd.
Juarez, Chihuahua. Notwithstanding any other provision of
law, such payments of money shall be credited to any
appropriation to the Commission which is currently available.
Funds received under this subsection shall be available only
for the replacement of such bridge.
``(c) The authority of subsection (b) may be exercised only
to the extent or in such amounts as are provided in advance
in appropriation Acts.''.
(b) Expenditures for Water Pollution Problems.--Title I of
the Act of June 20, 1956 (70 Stat. 302, 22 U.S.C. 277d-12),
is amended in the fourth undesignated paragraph under the
heading ``international boundary and water commission, united
states and mexico'' by striking ``Tijuana Rivers,'' and all
that follows before the period and inserting ``Tijuana
Rivers, or other streams running across or near the boundary,
and for taking emergency actions, consistent with the
emergency provisions of the Safe Drinking Water Act, to
protect against health threatening surface and ground water
pollution problems along the United States-Mexico boundary''.
(c) Falcon and Amistad Dams Maintenance Fund.--Section 2 of
the Act of June 18, 1954 (68 Stat. 255, as amended by the Act
of December 23, 1963, 77 Stat. 475) is amended to read as
follows:
``Sec. 2. (a) A separate fund, known as the `Falcon and
Amistad Operating and Maintenance Fund' (hereinafter referred
to as the `Maintenance Fund'), shall be created in the
Treasury of the United States. The Maintenance Fund shall be
administered by the Administrator of the Western Area Power
Administration for use by the Commissioner of the United
States Section of the International Boundary and Water
Commission to defray operation, maintenance, and emergency
costs for the hydroelectric facilities at the Falcon and
Amistad Dams.
``(b) All revenues collected in connection with the
disposition of electric power generated at the Falcon and
Amistad Dams, except those revenues paid pursuant to
subsection (d) to the general fund of the Treasury of the
United States, shall be credited to the Maintenance Fund and
shall remain available until expended for defraying
operation, maintenance, and emergency costs for the
hydroelectric facilities at the dams.
``(c) The authority of subsection (b) may be exercised only
to the extent or in such amounts as are provided in advance
in appropriation Acts.
``(d) Revenues in the Maintenance Fund in excess of
operation, maintenance, and emergency needs shall be paid
annually to the general fund of the Treasury of the United
States to return the costs of replacements and the original
investments, with interest.
``(e) All moneys received from the Government of Mexico for
any energy which might be delivered to that Government by the
United States Section of the International Boundary and Water
Commission pursuant to any special agreement concluded in
accordance with Article 19 of the said Treaty shall be
credited to the General Fund of the Treasury of the United
States.''.
SEC. 424. UNITED STATES MEMBERSHIP IN THE ASIAN-PACIFIC
ECONOMIC COOPERATION ORGANIZATION.
(a) United States Membership.--The President is authorized
to maintain membership of the United States in the Asian-
Pacific Economic Cooperation (APEC).
(b) Payment of Assessed Contributions.--For fiscal year
1994 and for each fiscal year thereafter, the United States
assessed contributions to APEC may be paid from funds
appropriated for ``Contributions to International
Organizations''.
SEC. 425. UNITED STATES MEMBERSHIP IN THE INTERNATIONAL
COPPER STUDY GROUP.
(a) United States Membership.--The President is authorized
to accept the Terms of Reference of and maintain membership
of the United States in the International Copper Study Group
(ICSG).
(b) Payments of Assessed Contributions.--For fiscal year
1995 and thereafter the United States assessed contributions
to the ICSG may be paid from funds appropriated for
``Contributions to International Organizations''.
SEC. 426. EXTENSION OF THE INTERNATIONAL ORGANIZATIONS
IMMUNITIES ACT TO THE INTERNATIONAL UNION FOR
CONSERVATION OF NATURE AND NATURAL RESOURCES.
The International Organizations Immunities Act (22 U.S.C.
288 et seq.) is amended by adding at the end the following
new section:
``Sec. 14. The International Union for Conservation of
Nature and Natural Resources shall be considered to be an
international organization for the purposes of this title and
may be extended the provisions of this title in the same
manner, to the same extent, and subject to the same
conditions, as such provisions may be extended to a public
international organization in which the United States
participates pursuant to any treaty or under the authority of
any Act of Congress authorizing such participation or making
an appropriation for such participation.''.
SEC. 427. INTER-AMERICAN ORGANIZATIONS.
Taking into consideration the long-term commitment by the
United States to the affairs of this Hemisphere and the need
to build further upon the linkages between the United States
and its neighbors, it is the sense of the Congress that the
Secretary of State, in allocating the level of resources for
international organizations, should pay particular attention
to funding levels of the Inter-American organizations.
SEC. 428. PROHIBITION ON CONTRIBUTIONS TO THE INTERNATIONAL
COFFEE ORGANIZATION.
None of the funds authorized to be appropriated by this Act
may be used to fund any United States contribution to the
International Coffee Organization.
SEC. 429. PROHIBITION ON CONTRIBUTIONS TO THE INTERNATIONAL
JUTE ORGANIZATION.
None of the funds authorized to be appropriated by this Act
may be used to fund any United States contribution to the
International Jute Organization.
SEC. 430. MIGRATION AND REFUGEE AMENDMENTS.
(a) Migration and Refugee Assistance Act Amendments.--The
Migration and Refu-
[[Page 748]]
gee Assistance Act of 1962 (22 U.S.C. 2601) is amended--
(1) in section 2 by striking ``the Intergovernmental
Committee for European Migration'' and inserting ``the
International Organization for Migration'' each place it
appears;
(2) in section 2(a) by striking ``the Committee'' and
inserting ``the Organization'' each place it appears;
(3) in the first sentence of section 2(a) by inserting
before the period ``, as amended in Geneva, Switzerland, on
May 20, 1987''; and
(4) in section 2(c)(2), by striking ``$50,000,000'' and
inserting ``$100,000,000''.
(b) Public Law 100-209.--Section 745 of Public Law 100-204
(22 U.S.C. 2601 note) is repealed.
SEC. 431. WITHHOLDING OF UNITED STATES CONTRIBUTIONS FOR
CERTAIN PROGRAMS OF INTERNATIONAL
ORGANIZATIONS.
(a) Withholding of United States Contributions for Certain
Programs of International Organizations.--Section 307 of the
Foreign Assistance Act of 1961 is amended--
(1) in subsection (a) by striking ``the South-West Africa
People's Organization'' and inserting ``Burma, Iraq, North
Korea, Syria''; and
(2) by inserting after subsection (b) the following:
``(c) The limitations of subsection (a) shall not apply to
contributions to the International Atomic Energy Agency or
the United Nations Children's Fund (UNICEF).''.
(b) United Nations Development Program.--
(1) Except as provided in paragraphs (2) and (3), for
fiscal years 1994 and 1995 none of the funds made available
for United Nations Development Program or United Nations
Development Program--Administered Funds shall be available
for programs and activities in or for Burma.
(2) Of the funds made available for United Nations
Development Program and United Nations Development Program--
Administered Funds for fiscal year 1994, $11,000,000 may be
available only if the President certifies to the Congress
that the United Nations Development Program's programs and
activities in or for Burma promote the enjoyment of
internationally guaranteed human rights in Burma and do not
benefit the State Law and Order Restoration Council (SLORC)
military regime.
(3) Of the funds made available for United Nations
Development Program and United Nations Development Program--
Administered Funds for fiscal year 1995, $27,600,000 may be
available only if the President certifies to the Congress
that--
(A) the United Nations Development Program has approved or
initiated no new programs and no new funding for existing
programs in or for Burma since the United Nations Development
Program Governing Council (Executive Board) meeting of June
1993,
(B) such programs address unforeseen urgent humanitarian
concerns, or
(C) a democratically elected government in Burma has agreed
to such programs.
TITLE V--FOREIGN POLICY
PART A--GENERAL PROVISIONS
SEC. 501. UNITED STATES POLICY CONCERNING OVERSEAS ASSISTANCE
TO REFUGEES AND DISPLACED PERSONS.
(a) Standards for Refugee Women and Children.--The United
States Government, in providing for overseas assistance and
protection of refugees and displaced persons, shall seek to
address the protection and provision of basic needs of
refugee women and children who represent 80 percent of the
world's refugee population. As called for in the 1991 United
Nations High Commissioner for Refugees (UNHCR) ``Guidelines
on the Protection of Refugee Women,'' whether directly, or
through international organizations and nongovernmental
voluntary organizations, the Secretary of State shall seek to
ensure--
(1) specific attention on the part of the United Nations
and relief organizations to recruit and employ female
protection officers;
(2) implementation of gender awareness training for field
staff including, but not limited to, security personnel;
(3) the protection of refugee women and children from
violence and other abuses on the part of governments or
insurgent groups;
(4) full involvement of women refugees in the planning and
implementation of (A) the delivery of services and
assistance, and (B) the repatriation process;
(5) incorporation of maternal and child health needs into
refugee health services and education, specifically to
include education on and access to services in reproductive
health and birth spacing;
(6) the availability of counseling and other services,
grievance processes, and protective services to victims of
violence and abuse, including but not limited to rape and
domestic violence;
(7) the provision of educational programs, particularly
literacy and numeracy, vocational and income-generation
skills training, and other training efforts promoting self-
sufficiency for refugee women, with special emphasis on women
heads of household;
(8) education for all refugee children, ensuring equal
access for girls, and special services and family tracing for
unaccompanied refugee minors;
(9) the collection of data that clearly enumerate age and
gender so that appropriate health, education, and assistance
programs can be planned;
(10) the recruitment, hiring, and training of more women
program professionals in the international humanitarian
field; and
(11) gender-awareness training for program staff of the
United Nations High Commissioner for Refugees (UNHCR) and
nongovernmental voluntary organizations on implementation of
the 1991 UNHCR ``Guidelines on the Protection of Refugee
Women''.
(b) Procedures.--The Secretary of State should adopt
specific procedures to ensure that all recipients of United
States Government refugee and migration assistance funds
implement the standards outlined in subsection (a).
(c) Requirements for Refugee and Migration Assistance.--The
Secretary of State, in providing migration and refugee
assistance, should support the protection efforts set forth
under this section by raising at the highest levels of
government the issue of abuses against refugee women and
children by governments or insurgent groups that engage in,
permit, or condone--
(1) a pattern of gross violations of internationally
recognized human rights, such as torture or cruel, inhumane,
or degrading treatment or punishment, prolonged detention
without charges, or other flagrant denial to life, liberty,
and the security of person;
(2) the blockage of humanitarian relief assistance;
(3) gender-specific persecution such as systematic
individual or mass rape, forced pregnancy, forced abortion,
enforced prostitution, any form of indecent assault or act of
violence against refugee women, girls, and children; or
(4) continuing violations of the integrity of the person
against refugee women and children on the part of armed
insurgents, local security forces, or camp guards.
(d) Investigation of Reports.--Upon receipt of credible
reports of abuses under subsection (c), the Secretary of
State should immediately investigate such reports through
emergency fact-finding missions or other means of
investigating such reports and help identify appropriate
remedial measures.
(e) Multilateral Implementation of the 1991 UNHCR
``Guidelines on the Protection of Refugee Women.--The
Secretary of State should work to ensure that multilateral
organizations fully incorporate the needs of refugee women
and children into all elements of refugee assistance programs
and work to encourage other governments that provide refugee
assistance to adopt refugee assistance policies designed to
encourage full implementation of the 1991 UNHCR's
``Guidelines on the Protection of Refugee Women''.
SEC. 502. INTERPARLIAMENTARY EXCHANGES.
(a) Authorizations of Appropriations.--
(1) Section 2 of Public Law 86-420 is amended--
(A) by striking ``$100,000'' and inserting ``$80,000''; and
(B) by striking ``$50,000'' both places it appears and
inserting ``$40,000''.
(2) Section 2 of Public Law 86-42 is amended--
(A) by striking ``$50,000'' and inserting ``$70,000''; and
(B) by striking ``$25,000'' both places it appears and
inserting ``$35,000''.
(b) Deposit of Funds in Interest-Bearing Accounts.--Funds
appropriated and disbursed pursuant to section 303 of Title
III of Public Law 100-202 (101 Stat. 1329-23; 22 U.S.C. 276
note) are authorized to be deposited in interest-bearing
accounts and any interest which accrues shall be deposited,
periodically, in a miscellaneous account of the Treasury.
SEC. 503. FOOD AS A HUMAN RIGHT.
(a) The Right to Food and United States Foreign Policy.--
(1) In general.--The United States should, in accordance
with its international obligations and in keeping with the
longstanding humanitarian tradition of the United States,
promote increased respect internationally for the rights to
food and to medical care, including the protection of these
rights with respect to civilians and noncombatants during
times of armed conflict (such as through ensuring safe
passage of relief supplies and access to impartial
humanitarian relief organizations providing relief
assistance).
(2) Responsibilities of assistant secretary of state.--The
responsibilities of the assistant secretary of State who is
responsible for human rights and humanitarian affairs shall
include promoting increased respect internationally for the
rights to food and to medical care in accordance with
paragraph (1).
(b) International Effort to Strengthen the Right to Food.--
It is the sense of the Congress that a major effort should be
made to strengthen the right to food in international law to
assure the access of all persons to adequate food supplies.
SEC. 504. TRANSPARENCY IN ARMAMENTS.
It is the sense of the Congress that--
(1) no sale of any defense article or defense service
should be made, no license should be issued for the export of
any defense article or defense service, and no agreement to
transfer in any way any defense article or defense service
should be made to any nation that does not fully furnish all
pertinent data to the United Nations Register of Conventional
Arms pursuant to United Nations General Assembly Resolution
46/36L by the reporting date specified by such register;
(2) if a nation has not submitted the required information
by the reporting date of a particular year, but subsequently
submits notification to the United Nations that it intends to
provide such information at the next reporting date, an
agreement may be
[[Page 749]]
negotiated with the nation or a license may be issued, but
the actual delivery of such defense article or service should
not occur until that nation submits such information; and
(3) the President should seek to restart the United Nations
Security Council ``Perm-5'' talks and should report to the
Congress on the progress of such talks and the effects of
United States agreements since October 1991 to sell arms to
the developing world.
SEC. 505. SENSE OF THE SENATE CONCERNING INSPECTOR GENERAL
ACT.
It is the sense of the Senate that--
(1) there is a growing concern among some of the Members of
this body that the unlimited terms of Office of Inspectors
General in Federal agencies may be undesirable, therefore
(2) the issue of amending the Inspector General Act to
establish term limits for Inspectors General should be
examined and considered as soon as possible by the
appropriate committees of jurisdiction.
SEC. 506. TORTURE CONVENTION IMPLEMENTATION.
(a) In General.--Part I of title 18, United States Code, is
amended by inserting after chapter 113A the following new
chapter:
``CHAPTER 113B--TORTURE
``Sec.
``2340. Definitions.
``2340A. Torture.
``2340B. Exclusive remedies.
``SEC. 2340. DEFINITIONS.
``As used in this chapter--
``(1) `torture' means an act committed by a person acting
under the color of law specifically intended to inflict
severe physical or mental pain or suffering (other than pain
or suffering incidental to lawful sanctions) upon another
person with custody or physical control;
``(2) `severe mental pain or suffering' means the prolonged
mental harm caused by or resulting from--
``(A) the intentional infliction or threatened infliction
of severe physical pain or suffering;
``(B) the administration or application, or threatened
administration or application, of mind-altering substances or
other procedures calculated to disrupt profoundly the senses
or the personality;
``(C) the threat of imminent death; or
``(D) the threat that another person will imminently be
subjected to death, severe physical pain or suffering, or the
administration or application of mind-altering substances or
other procedures calculated to disrupt profoundly the senses
or personality; and
``(3) `United States' includes all areas under the
jurisdiction of the United States including any of the places
described in sections 5 and 7 of this title and section
101(38) of the Federal Aviation Act of 1958 (49 U.S.C. App.
1301(38)).
``SEC. 2340A. TORTURE.
``(a) Offense.--Whoever outside the United States commits
or attempts to commit torture shall be fined under this title
or imprisoned not more than 20 years, or both, and if death
results to any person from conduct prohibited by this
subsection, shall be imprisoned for any term of years or for
life.
``(b) Jurisdiction.--There is jurisdiction over the
activity prohibited in subsection (a) if--
``(1) the alleged offender is a national of the United
States; or
``(2) the alleged offender is present in the United States,
irrespective of the nationality of the victim or alleged
offender.
``SEC. 2340B. EXCLUSIVE REMEDIES.
``Nothing in this chapter shall be construed as precluding
the application of State or local laws on the same subject,
nor shall anything in this chapter be construed as creating
any substantive or procedural right enforceable by law by any
party in any civil proceeding.''.
(b) Technical Amendment.--The part analysis for part I of
title 18, United States Code, is amended by inserting after
the item relating to chapter 113A the following new item:
``113B. Torture............................................2340.''.....
(c) Effective Date.--The amendments made by this section
shall take effect on the later of--
(1) the date of enactment of this Act; or
(2) the date on which the United States has become a party
to the Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment.
SEC. 507. UNITED STATES POLICY CONCERNING IRAQ.
(a) Policy.--It is the sense of the Congress that the
President should--
(1) take steps to encourage the United Nations Security
Council--
(A) to reaffirm support for the protection of all Iraqi
Kurdish and other minorities pursuant to Security Council
Resolution 688;
(B) to maintain the United Nations embargo on the Iraqi
regime until Iraq complies with all relevant Security Council
resolutions;
(C) to consider lifting selectively the United Nations
embargo on the areas under the administration of the
democratically-elected leadership of Iraqi Kurdistan, subject
to the verifiable conditions that--
(i) the inhabitants of such areas do not conduct trade with
the Iraqi regime, and
(ii) the partial lifting of the embargo will not materially
assist the Iraqi regime;
(D) to consider extending international protection,
including the establishment of a safe haven, to the marsh
Arabs in southern Iraq; and
(E) to pursue international judgments against Iraqi
officials responsible for war crimes and crimes against
humanity, based upon documentary evidence obtained from Iraqi
and other sources;
(2) continue to advocate the maintenance of Iraq's
territorial integrity and the transition to a unified,
democratic Iraq;
(3) take steps to encourage the provision of humanitarian
assistance for the people fleeing from the marshes in
southern Iraq;
(4) design a multilateral assistance program for the people
of Iraqi Kurdistan to support their drive for self-
sufficiency; and
(5) take steps to intensify discussions with the Government
of Turkey, whose support and cooperation in the protection of
the people of Iraqi Kurdistan is critical, to ensure that the
stability of both Turkey and the entire region are enhanced
by the measures taken under this section.
SEC. 508. HIGH-LEVEL VISITS TO TAIWAN.
It is the sense of the Congress that--
(1) the President should be commended for meeting with
Taiwan's Minister of Economic Affairs during the Asia-Pacific
Economic Cooperation Conference in Seattle;
(2) the President should send Cabinet-level appointees to
Taiwan to promote United States interests and to ensure the
continued success of United States business in Taiwan; and
(3) in addition to Cabinet-level visits, the President
should take steps to show clear United States support for
Taiwan both in our bilateral relationship and in multilateral
organizations of which the United States is a member.
SEC. 509. TRANSFER OF CERTAIN OBSOLETE OR SURPLUS DEFENSE
ARTICLES IN THE WAR RESERVE ALLIES STOCKPILE TO
THE REPUBLIC OF KOREA.
(a) Authority.--(1) Notwithstanding section 514 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321h), the
President is authorized to transfer to the Republic of Korea,
in return for concessions to be negotiated by the Secretary
of Defense, with the concurrence of the Secretary of State,
any or all of the items described in paragraph (2).
(2) The items referred to in paragraph (1) are equipment,
tanks, weapons, repair parts, and ammunition that--
(A) are obsolete or surplus items;
(B) are in the inventory of the Department of Defense;
(C) are intended for use as reserve stocks for the Republic
of Korea; and
(D) as of the date of enactment of this Act, are located in
a stockpile in the Republic of Korea.
(b) Concessions.--The value of the concessions negotiated
pursuant to subsection (a) shall be at least equal to the
fair market value of the items transferred. The concessions
may include cash compensation, services, waiver of charges
otherwise payable by the United States, and other items of
value.
(c) Advance Notification of Transfer.--Not less than 30
days before making a transfer under the authority of this
section, the President shall transmit to the Committee on
Foreign Relations of the Senate, the Committee on Foreign
Affairs of the House of Representatives, and the
congressional defense committees a notification of the
proposed transfer. The notification shall identify the items
to be transferred and the concessions to be received.
(d) Expiration of Authority.--No transfer may be made under
the authority of this section more than two years after the
date of the enactment of this Act.
SEC. 510. EXTENSION OF THE FAIR TRADE IN AUTO PARTS ACT OF
1988.
(a) In General.--Section 2125 of the Fair Trade in Auto
Parts Act of 1988 (15 U.S.C. 4704) is amended by striking
``1993'' and inserting ``1998''.
(b) Effective Date.--The amendment made by this section
shall take effect on December 30, 1993.
SEC. 511. REPORT ON THE USE OF FOREIGN FROZEN OR BLOCKED
ASSETS.
Not later than 60 days after the date of enactment of this
Act, the President shall submit to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives a report containing a
detailed accounting analysis and justification for all
expenditures made from the assets of foreign governments that
have been frozen or blocked by the United States Government,
including expenditures from frozen or blocked assets of
Haiti, Iraq, and Iran.
SEC. 512. EXTENSION OF CERTAIN ADJUDICATION PROVISIONS.
The Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1990 (Public Law 101-167), is
amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``1993 and 1994'' and
inserting ``1993, 1994, 1995, and 1996''; and
(B) in subsection (e), by striking out ``October 1, 1994''
each place it appears and inserting in lieu thereof ``October
1, 1996''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking out ``September 30, 1994'' and inserting
in lieu thereof ``September 30, 1996''.
SEC. 513. POLICY REGARDING THE CONDITIONS WHICH THE
GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA
SHOULD MEET TO CONTINUE TO RECEIVE
NONDISCRIMINATORY MOST-FAVORED-NATION
TREATMENT.
(a) Findings.--The Senate makes the following findings:
(1) In an Executive Order of May 28, 1993, the President
established conditions for renewal of most-favored-nation
(MFN) status for the People's Republic of China in 1994.
[[Page 750]]
(2) The Executive Order requires that in making a
recommendation about the further extension of MFN status to
China, the Secretary of State shall not recommend extension
unless the Secretary determines that--
(A) extension will substantially promote the freedom of
emigration objectives of section 402 of the Trade Act of
1974; and
(B) China is complying with the 1992 bilateral agreement
between the United States and China concerning prison labor.
(3) The Executive Order further requires that in making a
recommendation, the Secretary of State shall determine
whether China has made overall, significant progress with
respect to--
(A) taking steps to begin adhering to the Universal
Declaration of Human Rights;
(B) releasing and providing an acceptable accounting for
Chinese citizens imprisoned or detained for the non-violent
expression of their political and religious beliefs,
including such expression of religious beliefs in connection
with the Democracy Wall and Tiananmen Square movements;
(C) ensuring humane treatment of prisoners, such as by
allowing access to prisons by international humanitarian and
human rights organizations;
(D) protecting Tibet's distinctive religious and cultural
heritage; and
(E) permitting international radio and television
broadcasts into China.
(4) The Executive Order further requires the Executive
Branch to resolutely pursue all legislative and executive
actions to ensure that China abides by its commitments to
follow fair, nondiscriminatory trade practices in dealing
with United States businesses, and adheres to the Nuclear
Nonproliferation Treaty, the Missile Technology Control
Regime guidelines and parameters, and other nonproliferation
commitments.
(5) The Chinese government should cooperate with
international efforts to obtain North Korea's full,
unconditional compliance with the Nuclear Non-Proliferation
Treaty.
(6) The President has initiated an intensive high-level
dialogue with the Chinese government which began last year
with a meeting between the Secretary of State and the Chinese
Foreign Minister, including a meeting in Seattle between the
President and the President of China, meetings in Beijing
with the Secretary of the Treasury, the Assistant Secretary
for Human Rights and others, a recent meeting in Paris
between the Secretary of State and the Chinese Foreign
Minister, and recent meetings in Washington with several
Under Secretaries and their Chinese counterparts.
(7) The President's efforts have led to some recent
progress on some issues of concern to the United States.
(8) Notwithstanding this, substantially more progress is
needed to meet the standards in the President's Executive
Order.
(9) The Chinese government's overall human rights record in
1993 fell far short of internationally accepted norms as it
continued to repress critics and failed to control abuses by
its own security forces.
(b) Sense of Senate.--It is the sense of the Senate that
the President of the United States should use all appropriate
opportunities, in particular more high-level exchanges with
the Chinese government, to press for further concrete
progress toward meeting the standards for continuation of MFN
status as contained in the Executive Order.
SEC. 514. IMPLEMENTATION OF PARTNERSHIP FOR PEACE.
(a) Report to Congress.--The President shall submit
annually, beginning 90 days after the date of enactment of
this Act, a detailed report to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives on the implementation of the
``Partnership for Peace'' initiative, including an assessment
of the progress made by former members of the Warsaw Treaty
Organization in meeting the criteria for full membership
articulated in Article 10 of the North Atlantic Treaty,
wherein any other European state may, by unanimous agreement,
be invited to accede to the North Atlantic Treaty if it is in
a position to further the principles of the Treaty and to
contribute to the security of the North Atlantic area.
(b) Authority of the President.--The President is
authorized to confer, pursuant to agreement with any country
eligible to participate in the Partnership for Peace, rights
in respect of the military and related civilian personnel
(including dependents of any such personnel) and activities
of that country in the United States comparable to the rights
conferred by that country in respect of the military and
related civilian personnel (including dependents of any such
personnel) and activities of the United States in that
country.
SEC. 515. POLICY TOWARD THAILAND, CAMBODIA, LAOS, AND BURMA.
It is the sense of the Congress that--
(1) the creation of a new Cambodian government through
United Nations sponsored elections offers a unique
opportunity for the revival of the Cambodian nation, an
opportunity which the United States should help realize;
(2) the President should enunciate a clear policy toward
Burma and, in so doing, be guided by the approach in Senate
Resolution 112;
(3) the government and people of Thailand are to be
commended for Thailand's return to civilian, democratic rule,
and for its contribution to the implementation of the Paris
Peace Accords on Cambodia;
(4) the President of the United States should convey to
Thailand United States concern over the continued support for
the Khmer Rouge by elements of the Thai military and to urge
the Thai Government to intensify its efforts to terminate
that support, in accordance with the Paris Peace Accords;
(5) the Government of Thailand should continue to allow the
democratic leaders of Burma to operate freely within Thailand
and to grant them free passage to allow them to present their
case at the United Nations and other international
gatherings;
(6) the President of the United States should urge the
Government of Thailand to prosecute, with the full force of
law, those responsible for the trafficking, forced labor, and
physical and sexual abuse of women and children in Thailand,
and to protect the civil and human rights of Burmese women in
Thailand and prevent their further victimization; and
(7) the United States should work with the United Nations
High Commissioner for Refugees, the Government of Thailand,
and other relevant parties to ensure that the rights of
asylum seekers in Thailand, and in particular the Hmong
people from Laos, are fully respected and that force is not
used in any repatriations.
SEC. 516. PEACE PROCESS IN NORTHERN IRELAND.
It is the sense of the Senate that the United States
should--
(1) strongly encourage all parties to the conflict in the
North of Ireland to renounce violence and to participate in
the current search for peace in the region; and
(2) assist in furthering the peace process where
appropriate.
SEC. 517. SENSE OF THE SENATE ON THE ESTABLISHMENT OF AN
INTERNATIONAL CRIMINAL COURT.
(a) Senate Findings.--The Senate makes the following
findings:
(1) The freedom and security of the international community
rests on the sanctity of the rule of law.
(2) The international community is increasingly threatened
by unlawful acts such as war crimes, genocide, aggression,
crimes against humanity, terrorism, drug trafficking, money
laundering, and other crimes of an international character.
(3) The prosecution of individuals suspected of carrying
out such acts is often impeded by political and legal
obstacles such as amnesties, disputes over extradition,
differences in the structure and capabilities of national
courts, and the lack of uniform guidelines under which to try
such individuals.
(4) The war crimes trials held in the aftermath of World
War II at Nuremberg, Germany, and Tokyo, Japan, demonstrated
that fair and effective prosecution of war criminals could be
carried out in an international forum.
(5) Since its inception in 1945 the United Nations has
sought to build on the precedent established at the Nuremberg
and Tokyo trials by establishing a permanent international
criminal court with jurisdiction over crimes of an
international character.
(6) United Nations General Assembly Resolution 44/39,
adopted on December 4, 1989, called on the International Law
Commission to study the feasibility of an international
criminal court.
(7) In the years after passage of that resolution the
International Law Commission has taken a number of steps to
advance the debate over such a court, including--
(A) the provisional adoption of a draft Code of Crimes
Against the Peace and Security of Mankind;
(B) the creation of a Working Group on an International
Criminal Jurisdiction and the formulation by that Working
Group of several concrete proposals for the establishment and
operation of an international criminal court; and
(C) the determination that an international criminal court
along the lines of that suggested by the Working Group is
feasible and that the logical next step would be to proceed
with the formal drafting of a statute for such a court.
(8) United Nations General Assembly Resolution 47/33,
adopted on November 25, 1992, called on the International Law
Commission to begin the process of drafting a statute for an
international criminal court at its next session.
(9) Given the developments of recent years, the time is
propitious for the United States to lend its support to this
effort.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) the establishment of an international criminal court
with jurisdiction over crimes of an international character
would greatly strengthen the international rule of law;
(2) such a court would thereby serve the interests of the
United States and the world community; and
(3) the United States delegation should make every effort
to advance this proposal at the United Nations.
(c) Required Report.--Not later than 14 days after the date
of enactment of this Act the President shall submit to the
Committee on Foreign Relations of the Senate a detailed
report on developments relating to, and United States efforts
in support of, the establishment of an international criminal
court with jurisdiction over crimes of an international
character.
SEC. 518. INTERNATIONAL CRIMINAL COURT PARTICIPATION.
The United States Senate will not consent to the
ratification of a treaty providing for United States
participation in an inter-
[[Page 751]]
national criminal court with jurisdiction over crimes of an
international nature which permits representatives of any
terrorist organization, including but not limited to the
Palestine Liberation Organization, or citizens, nationals or
residents of any country listed by the Secretary of State
under section 6(j) of the Export Administration Act of 1979
as having repeatedly provided support for acts of
international terrorism, to sit in judgement on American
citizens.
SEC. 519. PROTECTION OF FIRST AND FOURTH AMENDMENT RIGHTS.
The United States Senate will not consent to the
ratification of any Treaty providing for United States
participation in an international criminal court with
jurisdiction over crimes of an international character unless
American citizens are guaranteed, in the terms establishing
such a court, and in the court's operation, that the court
will take no action infringing upon or diminishing their
rights under the First and Fourth Amendments of the
Constitution of the United States, as interpreted by the
United States.
SEC. 520. POLICY ON TERMINATION OF UNITED STATES ARMS
EMBARGO.
(a) Findings.--The Congress makes the following findings:
(1) On July 10, 1991, the United States adopted a policy
suspending all licenses and other approvals to export or
otherwise transfer defense articles and defense services to
Yugoslavia.
(2) On September 25, 1991, the United Nations Security
Council adopted Resolution 713, which imposed a mandatory
international embargo on all deliveries of weapons and
military equipment to Yugoslavia.
(3) The United States considered the policy adopted July
10, 1991, to comply fully with Resolution 713 and therefore
took no additional action in response to that resolution.
(4) On January 8, 1992, the United Nations Security Council
adopted Resolution 727, which decided that the mandatory arms
embargo imposed by Resolution 713 should apply to any
independent states that might thereafter emerge on the
territory of Yugoslavia.
(5) On February 29 and March 1, 1992, the people of Bosnia
and Herzegovina voted in a referendum to declare independence
from Yugoslavia.
(6) On April 7, 1992, the United States recognized the
Government of Bosnia and Herzegovina.
(7) On May 22, 1992, the Government of Bosnia and
Herzegovina was admitted to full membership in the United
Nations.
(8) Consistent with Resolution 727, the United States has
continued to apply the policy adopted July 10, 1991, to
independent states that have emerged on the territory of the
former Yugoslavia, including Bosnia and Herzegovina.
(9) Subsequent to the adoption of Resolution 727 and Bosnia
and Herzegovina's independence referendum, the siege of
Sarajevo began and fighting spread to other areas of Bosnia
and Herzegovina.
(10) The Government of Serbia intervened directly in the
fighting by providing significant military, financial, and
political support and direction to Serbian-allied irregular
forces in Bosnia and Herzegovina.
(11) In statements dated May 1 and May 12, 1992, the
Conference on Security and Cooperation in Europe declared
that the Government of Serbia and the Serbian-controlled
Yugoslav National Army were committing aggression against the
Government of Bosnia and Herzegovina and assigned to them
prime responsibility for the escalation of bloodshed and
destruction.
(12) On May 30, 1992, the United Nations Security Council
adopted Resolution 757, which condemned the Government of
Serbia for its continued failure to respect the territorial
integrity of Bosnia and Herzegovina.
(13) Serbian-allied irregular forces have occupied
approximately 70 percent of the territory of Bosnia and
Herzegovina, committed gross violations of human rights in
the areas they have occupied, and established a secessionist
government committed to eventual unification with Serbia.
(14) The military and other support and direction provided
to Serbian-allied irregular forces in Bosnia and Herzegovina
constitutes an armed attack on the Government of Bosnia and
Herzegovina by the Government of Serbia within the meaning of
Article 51 of the United Nations Charter.
(15) Under Article 51, the Government of Bosnia and
Herzegovina, as a member of the United Nations, has an
inherent right of individual or collective self-defense
against the armed attack from the Government of Serbia until
the United Nations Security Council has taken measures
necessary to maintain international peace and security.
(16) The measures taken by the United Nations Security
Council in response to the armed attack on Bosnia and
Herzegovina have not been adequate to maintain international
peace and security.
(17) Bosnia and Herzegovina has been unable successfully to
resist the armed attack from Serbia because it lacks the
means to counter heavy weaponry that Serbia obtained from the
Yugoslav National Army upon the dissolution of Yugoslavia,
and because the mandatory international arms embargo has
prevented Bosnia and Herzegovina from obtaining from other
countries the means to counter such heavy weaponry.
(18) On December 18, 1992, with the affirmative vote of the
United States, the United Nations General Assembly adopted
Resolution 47/121, which urged the United Nations Security
Council to exempt Bosnia and Herzegovina from the mandatory
arms embargo imposed by Resolution 713.
(19) In the absence of adequate measures to maintain
international peace and security, continued application to
the Government of Bosnia and Herzegovina of the mandatory
international arms embargo imposed by the United Nations
Security Council prior to the armed attack on Bosnia and
Herzegovina undermines that government's right of individual
or collective self-defense and therefore contravenes Article
51 of the United Nations Charter.
(20) Bosnia and Herzegovina's right of self-defense under
Article 51 of the United Nations Charter includes the right
to ask for military assistance from other countries and to
receive such assistance if offered.
(b) Policy on Termination of Arms Embargo.--(1) It is the
sense of the Congress that the President should terminate the
United States arms embargo of the Government of Bosnia and
Herzegovina upon receipt from that government of a request
for assistance in exercising its right of self-defense under
Article 51 of the United Nations Charter.
(2) As used in this subsection, the term ``United States
arms embargo of the Government of Bosnia and Herzegovina''
means the application to the Government of Bosnia and
Herzegovina of--
(A) the policy adopted July 10, 1991, and published in the
Federal Register of July 19, 1991 (58 Fed. Reg. 33322) under
the heading ``Suspension of Munitions Export Licenses to
Yugoslavia''; and
(B) any similar policy being applied by the United States
Government as of the date of receipt of the request described
in subsection (a) pursuant to which approval is routinely
denied for transfers of defense articles and defense services
to the former Yugoslavia.
(c) Policy on Military Assistance.--The President should
provide appropriate military assistance to the Government of
Bosnia and Herzegovina upon receipt from that government of a
request for assistance in exercising its right of self-
defense under Article 51 of the United Nations Charter.
SEC. 521. SENSE OF SENATE ON RELATIONS WITH VIETNAM.
It is the sense of the Senate that--
(1) the Government of the United States is committed to
seeking the fullest possible accounting of American
servicemen unaccounted for during the war in Vietnam;
(2) cooperation by the Government of Vietnam on resolving
the fate of those American servicemen unaccounted for has
increased significantly over the last three years and is
essential to the resolution of outstanding POW/MIA cases;
(3) substantial and tangible progress has been made in the
POW/MIA accounting process;
(4) cooperative efforts between the United States and
Vietnam should continue in order to resolve all outstanding
questions concerning the fate of Americans missing-in-action;
(5) United States senior military commanders and United
States personnel working in the field to account for United
States POW/MIAs in Vietnam believe that lifting the United
States trade embargo against Vietnam will facilitate and
accelerate the accounting efforts;
(6) therefore, in order to maintain and expand further
United States and Vietnamese efforts to obtain the fullest
possible accounting, the President should lift the United
States trade embargo against Vietnam expeditiously; and
(7) moveover, as the United States and Vietnam move toward
normalization of relations, the Government of Vietnam should
demonstrate further improvements in meeting internationally
recognized standards of human rights.
SEC. 522. REPORT ON SANCTIONS ON VIETNAM.
Not later than 30 days after the date of enactment of this
Act, the President shall submit a report, taking into account
information available to the United States Government, to the
Senate and the House of Representatives on achieving the
fullest possible accounting of United States personnel
unaccounted for from the Vietnam War, including--
(1) progress on recovering and repatriating American
remains from Vietnam;
(2) progress on resolution of discrepancy cases;
(3) the status of Vietnamese cooperation in implementing
trilateral investigations with Laos; and
(4) progress on accelerated efforts to obtain all POW/MIA
related documents from Vietnam.
SEC. 523. REPORT ON PEOPLE'S MUJAHEDDIN OF IRAN.
(a) Report.--Not later than 180 days after the date of
enactment of this Act, the President shall submit to the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate a report
detailing the structure, current activities, external
support, and history of the People's Mujaheddin of Iran. Such
report shall include information on any current direct or
indirect support by the People's Mujaheddin for acts of
international terrorism.
(b) Consultation.--In compiling the report required under
subsection (a), the President shall consult with the
Secretary of State, the Secretary of Defense, the Attorney
General, the Secretary of Transportation, the intelligence
community, and such law enforcement agencies as may be
appropriate.
(c) Classification.--The President should, to the maximum
extent possible, submit the report required under subsection
(a) in an unclassified form.
[[Page 752]]
SEC. 524. AMENDMENTS TO THE PLO COMMITMENTS COMPLIANCE ACT.
The PLO Commitments Compliance Act of 1989 (title VIII of
Public Law 101-246) is amended--
(1) in section 804(b), by striking ``Beginning 30 days
after the date of enactment of this Act, and every 120 days
thereafter in which the dialogue between the United States
and the PLO has not been discontinued'', and inserting ``In
conjunction with each written policy justification required
under section (3)(b)(1) of the Middle East Peace Facilitation
Act of 1994 or every 180 days,'';
(2) in section 804(b)(1), by striking ``regarding the
cessation of terrorism and recognition of Israel's right to
exist'' and inserting ``and each of the commitments described
in section (4)(A) of the Middle East Peace Facilitation Act
of 1994 (Oslo commitments)'';
(3) in section 804(b)(2), by inserting ``and Oslo'' after
``Geneva'';
(4) in section 802(8), by inserting ``and on September 9,
1993'' after ``1988'';
(5) in section 802, by redesignating paragraph (8) as
paragraph (10);
(6) by striking ``and'' at the end of section 802(7); and
(7) by inserting after section 802(7) the following:
``(8) the President, following an attempted terrorist
attack upon a Tel Aviv beach on May 30, 1990, suspended the
United States dialogue with the PLO;
``(9) the President resumed the United States dialogue with
the PLO in response to the commitments made by the PLO in
letters to the Prime Minister of Israel and the Foreign
Minister of Norway of September 9, 1993; and''.
SEC. 525. FREE TRADE IN IDEAS.
(a) Sense of Congress.--It is the sense of the Congress
that the President should not restrict travel or exchanges
for informational, educational, religious, cultural, or
humanitarian purposes or for public performances or
exhibitions, between the United States and any other country.
(b) Amendments to Trading With the Enemy Act.--(1) Section
5(b)(4) of the Trading With the Enemy Act (50 U.S.C. App.
5(b)(4)) is amended to read as follows:
``(4) The authority granted to the President by this
section does not include the authority to regulate or
prohibit, directly or indirectly, the importation from any
country, or the exportation to any country, whether
commercial or otherwise, regardless of format or medium of
transmission, of any information or informational materials,
including but not limited to, publications, films, posters,
phonograph records, photographs, microfilms, microfiche,
tapes, compact disks, CD ROMs, artworks, and news wire feeds.
The exports exempted from regulation or prohibition by this
paragraph do not include those which are otherwise controlled
for export under section 5 of the Export Administration Act
of 1979, or under section 6 of that Act to the extent that
such controls promote the nonproliferation or antiterrorism
policies of the United States, or with respect to which acts
are prohibited by chapter 37 of title 18, United States
Code.''.
(2) The authorities conferred upon the President by section
5(b) of the Trading With the Enemy Act, which were being
exercised with respect to a country on July 1, 1977, as a
result of a national emergency declared by the President
before such date, and are being exercised on the date of the
enactment of this Act, do not include the authority to
regulate or prohibit, directly or indirectly, any activity
which, under section 5(b)(4) of the Trading With the Enemy
Act, as amended by paragraph (1) of this subsection, may not
be regulated or prohibited.
(c) Amendments to International Emergency Economic Powers
Act.--
(1) Section 203(b) of the International Emergency Economic
Powers Act (50 U.S.C. 1702(b)) is amended by striking
paragraph (3) and inserting the following new paragraphs:
``(3) the importation from any country, or the exportation
to any country, whether commercial or otherwise, regardless
of format or medium of transmission, of any information or
informational materials, including but not limited to,
publications, films, posters, phonograph records,
photographs, microfilms, microfiche, tapes, compact disks, CD
ROMs, artworks, and news wire feeds. The exports exempted
from regulation or prohibition by this paragraph do not
include those which are otherwise controlled for export under
section 5 of the Export Administration Act of 1979, or under
section 6 of such Act to the extent that such controls
promote the nonproliferation or antiterrorism policies of the
United States, or with respect to which acts are prohibited
by chapter 37 of title 18, United States Code; or
``(4) any transactions ordinarily incident to travel to or
from any country, including importation of accompanied
baggage for personal use, maintenance within any country
including payment of living expenses and acquisition of goods
or services for personal use, and arrangement or facilitation
of such travel including nonscheduled air, sea, or land
voyages.''.
(2) The amendments made by paragraph (1) to section
203(b)(3) of the International Emergency Economic Powers Act
apply to actions taken by the President under section 203 of
such Act before the date of enactment of this Act which are
in effect on such date and to actions taken under such
section on or after such date.
(3) Section 203(b)(4) of the International Emergency
Economic Powers Act (as added by paragraph (1)) shall not
apply to restrictions on the transactions and activities
described in section 203(b)(4) in force on the date of
enactment of this Act, with respect to countries embargoed
under the International Emergency Economic Powers Act on the
date of enactment of this Act.
SEC. 526. EMBARGO AGAINST CUBA.
It is the sense of the Congress that the President should
advocate and seek a mandatory international United Nations
Security Council embargo against the dictatorship of Cuba.
SEC. 527. EXPROPRIATION OF UNITED STATES PROPERTY.
(a) Prohibition.--None of the funds made available to carry
out this Act, the Foreign Assistance Act of 1961, or the Arms
Export Control Act may be provided to a government or any
agency or instrumentality thereof, if the government of such
country (other than a country described if subsection (d))--
(1) has on or after January 1, 1956--
(A) nationalized or expropriated the property of any United
States person,
(B) repudiated or nullified any contract with any United
States person, or
(C) taken any other action (such as the imposition of
discriminatory taxes or other exactions) which has the effect
of seizing ownership or control of the property of any United
States person, and
(2) has not, within the period specified in subsection (c),
either--
(A) returned the property,
(B) provided adequate and effective compensation for such
property in convertible foreign exchange or other mutually
acceptable compensation equivalent to the full value thereof,
as required by international law,
(C) offered a domestic procedure providing prompt, adequate
and effective compensation in accordance with international
law, or
(D) submitted the dispute to arbitration under the rules of
the Convention for the Settlement of Investment Disputes or
other mutually agreeable binding international arbitration
procedure.
(b) Other Actions.--The President shall instruct the United
States Executive Directors of each multilateral development
bank and international financial institution to vote against
any loan or other utilization of the funds of such bank or
institution for the benefit of any country to which
assistance is prohibited under subsection (a), unless such
assistance is directed specifically to programs which serve
the basic human needs of the citizens of that country.
(c) Period for Settlement of Claims.--The period of time
described in subsection (a)(2) is the latest of the
following--
(1) 3 years after the date on which a claim was filed,
(2) in the case of a country that has a totalitarian or
authoritarian government at the time of the action described
in subsection (a)(1), 3 years after the date of installation
of a democratically elected government, or
(3) 90 days after the date of enactment of this Act.
(d) Excepted Countries and Territories.--This section shall
not apply to any country established by international mandate
through the United Nations or to any territory recognized by
the United States Government to be in dispute.
(e) Resumption of Assistance.--A prohibition or termination
of assistance under subsection (a) and an instruction to vote
against loans under subsection (b) shall cease to be
effective when the President certifies in writing to the
Speaker of the House of Representatives and to the Committee
on Foreign Relations of the Senate that such government has
taken one of the steps described in subsection (a)(2).
(f) Reporting Requirement.--Not later than 90 days after
the date of enactment of this Act and at the beginning of
each fiscal year thereafter, the Secretary of State shall
transmit to the Speaker of the House of Representatives and
the Committee on Foreign Relations of the Senate, a report
containing the following:
(1) A list of every country in which the United States
Government is aware that a United States person has an
outstanding expropriation claim.
(2) The total number of such outstanding expropriation
claims made by United States persons against each such
country.
(3) The period of time in which each such claim has been
outstanding.
(4) The status of each case and efforts made by the United
States Government and the government of the country in which
such claim has been made, to take one or more of the steps
described in subsection (a)(2).
(5) Each project a United States Executive Director voted
against as a result of the action described in subsection
(b).
(g) Waiver.--The President may waive the prohibitions in
subsections (a) and (b) for a country, on an annual basis, if
the President determines and so notifies Congress that it is
in the national interest to do so.
(h) Definitions.--For purpose of this section, the term
``United States person'' means a United States citizen or
corporation, partnership, or association at least 50 percent
beneficially owned by United States citizens.
SEC. 528. REPORT ON RUSSIAN MILITARY OPERATIONS IN THE
INDEPENDENT STATES OF THE FORMER SOVIET UNION.
(a) In General.--Not later than 5 months after the date of
enactment of this Act, the
[[Page 753]]
President shall submit to Congress a report on the operations
and activities of the armed forces of the Russian Federation,
including elements purportedly operating outside the chain of
command of the armed forces of the Russian Federation,
outside the borders of the Russian Federation and,
specifically, in the other independent states that were a
part of the former Soviet Union and in the Baltic States.
(b) Content of Report.--The report required by subsection
(a) shall include, but not be limited to--
(1) an assessment of the numbers and types of Russian armed
forces deployed in each of the other independent states of
the former Soviet Union and in the Baltic States and a
summary of their operations and activities since the demise
of the Soviet Union in December 1991;
(2) a detailed assessment of the involvement of Russian
armed forces in conflicts in or involving Armenia,
Azerbaijan, Georgia, Moldova, and Tajikistan, including
support provided directly or indirectly to one or more
parties to these conflicts;
(3) an assessment of the political and military objectives
of the operations and activities discussed in paragraphs (1)
and (2) and of the strategic objectives of the Russian
Federation in its relations with the other independent states
of the former Soviet Union and the Baltic States;
(4) an assessment of other significant actions, including
political and economic, taken by the Russian Federation to
influence the other independent states of the former Soviet
Union and the Baltic States in pursuit of its strategic
objectives; and
(5) an analysis of the new Russian military doctrine
adopted by President Yeltsin on November 2, 1993, with
particular regard to its implications for Russian policy
toward the other independent states of the former Soviet
Union and the Baltic States.
(c) Definitions.--For the purposes of this section--
(1) ``the other independent states of the former Soviet
Union'' means Armenia, Azerbaijan, Belarus, Georgia,
Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan,
Ukraine, and Uzbekistan; and
(2) ``the Baltic States'' means Latvia, Lithuania, and
Estonia.
SEC. 529. UNITED STATES POLICY ON NORTH KOREA.
It is the sense of the Congress that:
(1) It is in the United States national security interest
to curtail the proliferation of weapons of mass destruction,
particularly nuclear weapons.
(2) The North Korea Nuclear weapons program is one of the
most pressing national security challenges the United States
currently faces.
(3) North Korea's development of other weapons of mass
destruction and of ballistic missiles further threatens
United States national security interests and regional
security.
(4) United States policy should ensure that North Korea
does not possess a nuclear bomb or the capability to build
one.
(5) United States forces in Korea must remain vigilant and
maintain a robust defense posture.
(6) While diplomacy is the preferable method of dealing
with the North Korean nuclear challenge, all options,
including the appropriate use of force, remain available.
(7) In fashioning an appropriate policy for dealing with
the challenge presented by North Korea's nuclear program, the
Administration should consult closely with United States
treaty allies, particularly Japan and the Republic of Korea,
as well as with China, Russia, and other members of the
United Nations Security Council.
(8) United States policy should support the efforts of the
International Atomic Energy Agency (IAEA), as the
international community's designated body for verifying
compliance with the Nuclear Nonproliferation Treaty, to
perform inspections of North Korea's nuclear program.
(9) The United States should encourage strong and
expeditious action by the United Nations Security Council
inasmuch as North Korea has proved unwilling to comply fully
with the following:
(A) North Korea's December 1991 denuclearization agreement
with South Korea pledging not to possess, manufacture, or use
nuclear weapons, not to possess plutonium reprocessing
facilities, and to negotiate the establishment of a nuclear
inspection system.
(B) The nuclear safeguards agreement North Korea signed
with the IAEA on January 30, 1992.
(C) The agreement on IAEA inspections North Korea accepted
on February 15, 1994.
(10) Unless North Korea unequivocally adheres to the
Nuclear Nonproliferation Treaty and abides by all provisions
of that treaty, the President should seek international
consensus to isolate North Korea, including the imposition of
sanctions, in an effort to persuade Pyongyang to halt its
nuclear weapons program and permit IAEA inspections of all
its nuclear facilities.
(11) Recognizing that within the international community
China has significant influence over Pyongyang, the nature
and extent of Chinese cooperation with the rest of the
international community on the North Korean nuclear issue,
including Chinese support for international sanctions should
such sanctions be proposed and/or adopted, will inevitably be
a significant factor in United States-China relations.
(12) If unable to achieve an international consensus to
isolate North Korea, the President should employ all
unilateral means of leverage over North Korea, including, but
not limited to, the prohibition of any transaction involving
the commercial sale of any good or technology to North Korea.
(13) The President should consult with United States allies
in the region regarding the military posture of North Korea
and the ability of the United States and its allies to deter
a North Korean attack, or to defeat such an attack should it
occur.
(14) Toward these ends, the United States and South Korea
should take all steps necessary to ensure that United States
and South Korean forces stationed on the Korean peninsula can
defend themselves, including the holding of Team Spirit or
other joint military exercises, the deployment of Patriot
missiles to South Korea, and other appropriate measures.
(15) The problem posed by North Korea's nuclear program is
not a bilateral problem between the United States and North
Korea, but a problem in which virtually the entire global
community is united against North Korea.
(16) The international community must insist upon full
compliance by North Korea with all its nonproliferation
commitments including acceptance of regular and ad hoc
inspections of its declared nuclear facilities on a
continuing basis, as well as special inspections of all
suspected nuclear sites as the IAEA deems appropriate.
(17) International concerns about North Korea's nuclear
intentions and capabilities will not be adequately addressed
until North Korea cooperates fully with the IAEA, all North
Korea nuclear facilities and materials are placed under
fullscope safeguards, and North Korea adheres unequivocally
to the Nuclear Nonproliferation Treaty as well as to its 1991
denuclearization agreement with South Korea.
(18) The Administration should work to encourage a
productive dialogue between North and South Korea that
adequately addresses all security concerns on the Korean
peninsula.
SEC. 530. ENFORCEMENT OF NONPROLIFERATION TREATIES.
(a) Policy.--It is the sense of the Congress that the
President should instruct the United States Permanent
Representative to the United Nations to enhance the role of
that institution in the enforcement of nonproliferation
treaties through the passage of a United Nations Security
Council resolution which would state that, any non-nuclear
weapon state that is found by the United Nations Security
Council, in consultation with the International Atomic Energy
Agency (IAEA), to have terminated, abrogated, or materially
violated an IAEA full-scope safeguards agreement would be
subjected to international economic sanctions, the scope of
which to be determined by the United Nations Security
Council.
(b) Prohibition.--Notwithstanding any other provision of
law, no United States assistance under the Foreign Assistance
Act of 1961 shall be provided to any non-nuclear weapon state
that is found by the President to have terminated, abrogated,
or materially violated an IAEA full-scope safeguard agreement
or materially violated a bilateral United States nuclear
cooperation agreement entered into after the date of
enactment of the Nuclear Non-Proliferation Act of 1978.
(c) Waiver.--The President may waive the application of
subsection (b) if--
(1) the President determines that the termination of such
assistance would be seriously prejudicial to the achievement
of United States nonproliferation objectives or otherwise
jeopardize the common defense and security; and
(2) the President reports such determination to the
Congress at least 15 days in advance of any resumption of
assistance to that state.
SEC. 531. TAIWAN.
In view of the self-defense needs of Taiwan, the Congress
makes the following declarations:
(1) Sections 2 and 3 of the Taiwan Relations Act are
reaffirmed.
(2) Section 3 of the Taiwan Relations Act take primacy over
statements of United States policy, including communiques,
regulations, directives, and policies based thereon.
(3) In assessing the extent to which the People's Republic
of China is pursuing its ``fundamental policy'' to strive
peacefully to resolve the Taiwan issue, the United States
should take into account both the capabilities and intentions
of the People's Republic of China.
(4) The President should on a regular basis assess changes
in the capabilities and intentions of the People's Republic
of China and consider whether it is appropriate to adjust
arms sales to Taiwan accordingly.
SEC. 532. WAIVER OF SANCTIONS WITH RESPECT TO THE FEDERAL
REPUBLIC OF YUGOSLAVIA TO PROMOTE DEMOCRACY
ABROAD.
(a) Authority.--Notwithstanding any other provision of law,
the President is authorized and encouraged to exempt from
sanctions imposed against the Federal Republic of Yugoslavia
those United States-supported programs, projects, or
activities involving reform of the electoral process, or the
development of democratic institutions or democratic
political parties.
(b) Policy.--The President, acting through the United
States Permanent Representative to the United Nations, should
propose that any action, past or future, by the Security
Council pursuant to Article 41 of the United
[[Page 754]]
Nations Charter, with respect to the Federal Republic of
Yugoslavia, should take account of the exemption described in
subsection (a).
SEC. 533. FREEDOM OF INFORMATION EXEMPTION FOR CERTAIN OPEN
SKIES TREATY DATA.
(a) In General.--Data with respect to a foreign country
collected by sensors during observation flights conducted in
connection with the Treaty on Open Skies, including flights
conducted prior to entry into force of the treaty, shall be
exempt from disclosure under the Freedom of Information Act--
(1) if the country has not disclosed the data to the
public; and
(2) if the country has not, acting through the Open Skies
Consultative Commission or any other diplomatic channel,
authorized the United States to disclose the data to the
public.
(b) Statutory Construction.--This section constitutes a
specific exemption within the meaning of section 552(b)(3) of
title 5, United States Code.
(c) Definitions.--For the purposes of this section--
(1) the term ``Freedom of Information Act'' means the
provisions of section 552 of title 5, United States Code;
(2) the term ``Open Skies Consultative Commission'' means
the commission established pursuant to Article X of the
Treaty on Open Skies; and
(3) the term ``Treaty on Open Skies'' means the Treaty on
Open Skies, signed at Helsinki on March 24, 1992.
SEC. 534. STUDY OF DEMOCRACY EFFECTIVENESS.
(a) Report.--Not later than 180 days after the date of
enactment of this Act, the President shall submit a report to
the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
on a streamlined, cost-effective organization of United
States democracy assistance. The report shall include a
review of all activities funded by the United States
Government, including those funded through the National
Endowment for Democracy, the United States Information
Agency, and the Agency for International Development.
(b) Content of Report.--The report shall include the
following:
(1) A review of all United States-sponsored programs to
promote democracy, including identification and discussion of
those programs that are overlapping.
(2) A clear statement of achievable goals and objectives
for all United States-sponsored democracy programs, and an
evaluation of the manner in which current democracy
activities meet these goals and objectives.
(3) A review of the current United States Government
organization for the delivery of democracy assistance and
recommended changes to reduce costs and streamline overhead
involved in the delivery of democracy assistance.
(4) Recommendations for coordinating programs, policies,
and priorities to enhance the United States Government's role
in democracy promotion.
(5) A review of all agencies involved in delivering United
States Government funds in the form of democracy assistance
and a recommended focal point or lead agency within the
United States Government for policy oversight of the effort.
(6) A review of the feasibility and desirability of
mandating non-United States Government funding, including
matching funds and in-kind support, for democracy promotion
programs. If it is determined that such non-Government
funding is feasible and desirable, recommendations should be
made regarding goals and procedures for implementation.
SEC. 535. SENSE OF CONGRESS CONCERNING UNITED STATES CITIZENS
VICTIMIZED BY GERMANY DURING WORLD WAR II.
It is the sense of the Congress that United States citizens
who were victims of war crimes and crimes against humanity
committed by the Government of Germany during the period 1939
to 1945 should be compensated by the Government of Germany.
SEC. 536. REPORTING REQUIREMENTS ON OCCUPIED TIBET.
(a) Report on United States-Tibet Relations.--Because
Congress has determined that Tibet is an occupied sovereign
country under international law and that its true
representatives are the Dalai Lama and the Tibetan Government
in exile--
(1) it is the sense of the Congress that the United States
should seek to establish a dialogue with those recognized by
Congress as the true representatives of the Tibetan people,
the Dalai Lama, his representatives and the Tibetan
Government in exile, concerning the situation in Tibet and
the future of the Tibetan people and to expand and strengthen
United States-Tibet cultural and educational relations,
including promoting bilateral exchanges arranged directly
with the Tibetan Government in exile; and
(2) not later than 6 months after the date of enactment of
this Act, and every 12 months thereafter, the Secretary of
State shall transmit to the Chairman of the Committee on
Foreign Relations and the Speaker of the House of
Representatives a report on the state of relations between
the United States and those recognized by Congress as the
true representatives of the Tibetan people, the Dalai Lama,
his representatives and the Tibetan Government in exile, and
on conditions in Tibet.
(b) Separate Tibet Reports.--
(1) It is the sense of the Congress that whenever a report
is transmitted to the Congress on a country-by-country basis
there should be included in such report, where applicable, a
separate report on Tibet listed alphabetically with its own
state heading.
(2) The reports referred to in paragraph (1) include, but
are not limited to, reports transmitted under sections 116(d)
and 502B(b) of the Foreign Assistance Act of 1961 (relating
to human rights).
PART B--SPOILS OF WAR ACT
SEC. 551. SHORT TITLE.
This part may be cited as the ``Spoils of War Act of
1994''.
SEC. 552. TRANSFERS OF SPOILS OF WAR.
(a) Eligibility for Transfer.--Spoils of war in the
possession, custody, or control of the United States may be
transferred to any other party, including any government,
group, or person, by sale, grant, loan or in any other
manner, only to the extent and in the same manner that
property of the same type, if otherwise owned by the United
States, may be so transferred.
(b) Terms and Conditions.--Any transfer pursuant to
subsection (a) shall be subject to all of the terms,
conditions, and requirements applicable to the transfer of
property of the same type otherwise owned by the United
States.
SEC. 553. PROHIBITION ON TRANSFERS TO COUNTRIES WHICH SUPPORT
TERRORISM.
Spoils of war in the possession, custody, or control of the
United States may not be transferred to any country
determined by the Secretary of State, for purposes of section
40 of the Arms Export Control Act, to be a nation whose
government has repeatedly provided support for acts of
international terrorism.
SEC. 554. REPORT ON PREVIOUS TRANSFERS.
Not later than 90 days after the date of enactment of this
Act, the President shall submit to the appropriate
congressional committees a report describing any spoils of
war obtained subsequent to August 2, 1990 that were
transferred to any party, including any government, group, or
person, before the date of enactment of this Act. Such report
shall be submitted in unclassified form to the extent
possible.
SEC. 555. DEFINITIONS.
As used in this part--
(1) the term ``appropriate congressional committees'' means
the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives,
or, where required by law for certain reporting purposes, the
Select Committee on Intelligence of the Senate and the Select
Committee on Intelligence of the House of Representatives;
(2) the term ``enemy'' means any country, government,
group, or person that has been engaged in hostilities,
whether or not lawfully authorized, with the United States;
(3) the term ``person'' means--
(A) any natural person;
(B) any corporation, partnership, or other legal entity;
and
(C) any organization, association, or group; and
(4) the term ``spoils of war'' means enemy movable property
lawfully captured, seized, confiscated, or found which has
become United States property in accordance with the laws of
war.
SEC. 556. CONSTRUCTION.
Nothing in this part shall apply to--
(1) the abandonment or failure to take possession of spoils
of war by troops in the field for valid military reasons
related to the conduct of the immediate conflict, including
the burden of transporting such property or a decision to
allow allied forces to take immediate possession of certain
property solely for use during an ongoing conflict;
(2) the abandonment or return of any property obtained,
borrowed, or requisitioned for temporary use during military
operations without intent to retain possession of such
property;
(3) the destruction of spoils of war by troops in the
field;
(4) the return of spoils of war to previous owners from
whom such property had been seized by enemy forces; or
(5) minor articles of personal property which have lawfully
become the property of individual members of the armed forces
as war trophies pursuant to public written authorization from
the Department of Defense.
PART C--ANTI-ECONOMIC DISCRIMINATION ACT
SEC. 561. SHORT TITLE.
This part may be cited as the ``Anti-Economic
Discrimination Act of 1994''.
SEC. 562. ISRAEL'S DIPLOMATIC STATUS.
It is the sense of the Congress that the Secretary of State
should make the issue of Israel's diplomatic status a
priority and urge countries that receive United States
assistance to immediately establish full diplomatic relations
with the state of Israel.
SEC. 563. POLICY ON MIDDLE EAST ARMS SALES.
(a) Boycott of Israel.--Section 322 of the Foreign
Relations Authorization Act, Fiscal Years 1992 and 1993
(Public Law 102-138) is amended--
(1) in paragraph (2), by striking ``and'' at the end; and
(2) in paragraph (3)--
(A) by striking ``and'' at the end of subparagraph (A);
(B) by striking the period at the end of subparagraph (B)
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(C) does not participate in the Arab League primary or
secondary boycott of Israel.''.
[[Page 755]]
(b) Report to Congress.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of State
shall submit to the Speaker of the House of Representatives
and the Chairman of the Committee on Foreign Relations of the
Senate a report concerning steps taken to ensure that the
goals of section 322 of the Foreign Relations Authorization
Act, Fiscal Years 1992 and 1993 are being met.
SEC. 564. PROHIBITION ON CERTAIN SALES AND LEASES.
(a) Prohibition.--No defense article or defense service may
be sold or leased by the United States Government to any
country or international organization that, as a matter of
policy or practice, is known to have sent letters to United
States firms requesting compliance with, or soliciting
information regarding compliance with, the Arab League
primary or secondary boycott of Israel, unless the President
determines, and so certifies to the appropriate congressional
committees, that that country or organization does not
currently maintain a policy or practice of making such
requests or solicitations.
(b) Waiver.--
(1) 1-year waiver.--On or after the effective date of this
section, the President may waive, for a period of 1 year, the
application of subsection (a) with respect to any country or
organization if the President determines, and reports to the
appropriate congressional committees, that--
(A) such waiver is in the national interest of the United
States, and such waiver will promote the objectives of this
section to eliminate the Arab boycott; or
(B) such waiver is in the national security interest of the
United States.
(2) Extension of waiver.--If the President determines that
the further extension of a waiver will promote the objectives
of this section, the President, upon notification of the
appropriate congressional committees, may grant further
extensions of such waiver for successive 12-month periods.
(3) Termination of waiver.--The President may, at any time,
terminate any waiver granted under this subsection.
(c) Definitions.--As used in this section--
(1) the term ``appropriate congressional committees'' means
the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives;
and
(2) the terms ``defense article'' and ``defense service''
have the meanings given to such terms by paragraphs (3) and
(4), respectively, of section 47 of the Arms Export Control
Act.
(d) Effective Date.--This section shall take effect 1 year
after the date of enactment of this Act.
SEC. 565. PROHIBITION ON DISCRIMINATORY CONTRACTS.
(a) Prohibition.--
(1) Except for real estate leases and as provided in
subsection (b), the Department of State may not enter into
any contract that expends funds appropriated to the
Department of State for an amount in excess of the small
purchase threshold (as defined in section 4(11) of the Office
of Federal Procurement Policy Act (41 U.S.C. 403(11))--
(A) with a foreign person that complies with the Arab
League boycott of Israel, or
(B) with any foreign or United States person that
discriminates in the award of subcontracts on the basis of
religion.
(2) For purposes of this section--
(A) a foreign person complies with the boycott of Israel by
Arab League countries when that foreign person takes or
knowingly agrees to take any action, with respect to the
boycott of Israel by Arab League countries, which section
8(a) of the Export Administration Act of 1979 (50 U.S.C. App.
2407(a)) prohibits a United States person from taking, except
that for purposes of this paragraph, the term ``United States
person'' as used in subparagraphs (B) and (C) of section
8(a)(1) of such Act shall be deemed to mean ``person''; and
(B) the term ``foreign person'' means any person other than
a United States person as defined in section 16(2) of the
Export Administration Act of 1979 (50 U.S.C. App. 2415).
(3) For purposes of paragraph (1), a foreign person shall
be deemed not to comply with the boycott of Israel by Arab
League countries if that person, or the Secretary of State or
his designee on the basis of available information, certifies
that the person violates or otherwise does not comply with
the boycott of Israel by Arab League countries by taking any
actions prohibited by section 8(a) of the Export
Administration Act of 1979 (50 U.S.C. App. 2407(a)).
Certification by the Secretary of State or his designee may
occur only 30 days after notice has been given to the
Congress that this certification procedure will be utilized
at a specific overseas mission.
(b) Waiver by Secretary of State.--The Secretary of State
may waive the requirements of this section on a country-by-
country basis for a period not to exceed one year upon
certification to the Congress by the Secretary that such
waiver is in the national interest and is necessary to carry
on diplomatic functions of the United States. Each such
certification shall include a detailed justification for the
waiver with respect to each such country.
(c) Responses to Contract Solicitations.--(1) Except as
provided in paragraph (2) of this subsection, the Secretary
of State shall ensure that any response to a solicitation for
a bid or a request for a proposal, with respect to a contract
covered by subsection (a), includes the following clause, in
substantially the following form:
``arab league boycott of israel
``(a) Definitions.--As used in this clause--
``(1) the term `foreign person' means any person other than
a United States person as defined in paragraph (2); and
``(2) the term `United States person' means any United
States resident or national (other than an individual
resident outside the United States and employed by other than
a United States person), any domestic concern (including any
permanent domestic establishment of any foreign concern), and
any foreign subsidiary or affiliate (including any permanent
foreign establishment) of any domestic concern which is
controlled in fact by such domestic concern, as determined
under regulations of the President.
``(b) Certification.--By submitting this offer, the Offeror
certifies that it is not--
``(1) taking or knowingly agreeing to take any action, with
respect to the boycott of Israel by Arab League countries,
which section 8(a) of the Export Administration Act of 1979
(50 U.S.C. App. 2407(a)) prohibits a United States person
from taking; or
``(2) discriminating in the award of subcontracts on the
basis of religion.''.
(2) An Offeror would not be required to include the
certification required by paragraph (1), if the Offeror is
deemed not to comply with the Arab League boycott of Israel
by the Secretary of State or a designee on the basis of
available information. Certification by the Secretary of
State or a designee may occur only 30 days after notice has
been given to the Congress that this certification procedure
will be utilized at a specific overseas mission.
(3) The Secretary of State shall ensure that all State
Department contract solicitations include a detailed
explanation of the requirements of section 8(a) of the Export
Administration Act of 1979 (50 U.S.C. App. 2407(a)).
(d) Review and Termination.--(1) The Department of State
shall conduct reviews of the certifications submitted
pursuant to this section for the purpose of assessing the
accuracy of the certifications.
(2) Upon complaint of any foreign or United States person
of a violation of the certification as required by this
section, filed with the Secretary of State, the Department of
State shall investigate such complaint, and if such complaint
is found to be correct and a violation of the certification
has been found, all contracts with such violator shall be
terminated for default as soon as practicable, and, for a
period of two years thereafter, the State Department shall
not enter into any contracts with such a violator.
(e) United States Information Agency.--The provisions of
this section shall apply to the United States Information
Agency in the same manner and extent to which such provisions
apply to the Department of State. In the application of this
section to the United States Information Agency, the Director
of the United States Information Agency or a designee shall
have the authorities and responsibilities of the Secretary of
State.
PART D--THE CAMBODIAN GENOCIDE JUSTICE ACT
SEC. 571. SHORT TITLE.
This part may be cited as the ``Cambodian Genocide Justice
Act''.
SEC. 572. POLICY.
(a) In General.--Consistent with international law, it is
the policy of the United States to support efforts to bring
to justice members of the Khmer Rouge for their crimes
against humanity committed in Cambodia between April 17,
1975, and January 7, 1979.
(b) Specific Actions Urged.--To that end, the Congress
urges the President--
(1) to collect, or assist appropriate organizations and
individuals to collect relevant data on crimes of genocide
committed in Cambodia;
(2) in circumstances which the President deems appropriate,
to encourage the establishment of a national or international
criminal tribunal for the prosecution of those accused of
genocide in Cambodia; and
(3) as necessary, to provide such national or international
tribunal with information collected pursuant to paragraph
(1).
SEC. 573. ESTABLISHMENT OF STATE DEPARTMENT OFFICE.
(a) Establishment.--(1) None of the funds authorized to be
appropriated by this Act for ``Diplomatic and Consular
Programs'' shall be available for obligation or expenditure
during fiscal years 1994 and 1995 unless, not later than 90
days after the date of enactment of this Act, the Secretary
of State has established within the Department of State under
the Assistant Secretary for East Asia and Pacific Affairs (or
any successor Assistant Secretary) the Office of Cambodian
Genocide Investigation (hereafter in this part referred to as
the ``Office'').
(2) The Office may carry out its activities inside or
outside of Cambodia, except that not less than 75 percent of
the funds made available for the Office and its activities
shall be used to carry out activities within Cambodia.
(b) Purpose.--The purpose of the Office shall be to
support, through organizations and individuals with whom the
Secretary of State may contract to carry out the operations
of the Office, as appropriate, efforts to bring to justice
members of the Khmer Rouge for their crimes against humanity
committed in Cambodia between April 17, 1975, and January 7,
1979, including--
(1) to investigate crimes against humanity committed by
national Khmer Rouge leaders during that period;
(2) to provide the people of Cambodia with access to
documents, records, and other evi-
[[Page 756]]
dence held by the Office as a result of such investigation;
(3) to submit the relevant data to a national or
international penal tribunal that may be convened to formally
hear and judge the genocidal acts committed by the Khmer
Rouge; and
(4) to develop the United States proposal for the
establishment of an international criminal tribunal for the
prosecution of those accused of genocide in Cambodia.
(c) Contracting Authority.--The Secretary of State shall,
subject to the availability of appropriations, contract with
appropriate individuals and organizations to carry out the
purpose of the Office.
(d) Notification to Congress.--The Committee on Foreign
Relations and the Committee on Appropriations of the Senate
and the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives shall be
notified of any exercise of the authority of section 34 of
the State Department Basic Authorities Act of 1956 with
respect to the Office or any of its programs, projects, or
activities at least 15 days in advance in accordance with
procedures applicable to notifications under that section.
SEC. 574. REPORTING REQUIREMENT.
(a) In General.--Beginning 6 months after the date of
enactment of this Act, and every 6 months thereafter, the
President shall submit a report to the appropriate
congressional committees--
(1) that describes the activities of the Office, and sets
forth new facts learned about past Khmer Rouge practices,
during the preceding 6-month period; and
(2) that describes the steps the President has taken during
the preceding 6-month period to promote human rights, to
support efforts to bring to justice the national political
and military leadership of the Khmer Rouge, and to prevent
the recurrence of human rights abuses in Cambodia through
actions which are not related to United Nations activities in
Cambodia.
(b) Definition.--For purposes of this section, the term
``appropriate congressional committees'' means the Committee
on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives.
PART E--MIDDLE EAST PEACE FACILITATION
SEC. 581. SHORT TITLE.
This part may be cited as the ``Middle East Peace
Facilitation Act of 1994''.
SEC. 582. FINDINGS.
The Congress finds that--
(1) the Palestine Liberation Organization has recognized
the State of Israel's right to exist in peace and security;
accepted United Nations Security Council Resolutions 242 and
338; committed itself to the peace process and peaceful
coexistence with Israel, free from violence and all other
acts which endanger peace and stability; and assumed
responsibility over all Palestine Liberation Organization
elements and personnel in order to assure their compliance,
prevent violations, and discipline violators;
(2) Israel has recognized the Palestine Liberation
Organization as the representative of the Palestinian people;
(3) Israel and the Palestine Liberation Organization signed
a Declaration of Principles on Interim Self-Government
Arrangements on September 13, 1993, at the White House;
(4) the United States has resumed a bilateral dialogue with
the Palestine Liberation Organization; and
(5) in order to implement the Declaration of Principles on
Interim Self-Government Arrangements and facilitate the
Middle East peace process, the President has requested
flexibility to suspend certain provisions of law pertaining
to the Palestine Liberation Organization.
SEC. 583. AUTHORITY TO SUSPEND CERTAIN PROVISIONS.
(a) In General.--Subject to subsection (b), beginning July
1, 1994, the President may suspend for a period of not more
than 6 months any provision of law specified in subsection
(c). The President may continue the suspension for a period
or periods of not more than 6 months until July 1, 1995, if,
before each such period, the President satisfies the
requirements of subsection (b). Any suspension shall cease to
be effective after 6 months, or at such earlier date as the
President may specify.
(b) Conditions.--
(1) Consultation.--Prior to each exercise of the authority
provided in subsection (a), the President shall consult with
the relevant congressional committees. The President may not
exercise that authority until 30 days after a written policy
justification is submitted to the relevant congressional
committees.
(2) Presidential certification.--The President may exercise
the authority provided in subsection (a) only if the
President certifies to the relevant congressional committees
each time he exercises such authority that--
(A) it is in the national interest of the United States to
exercise such authority; and
(B) the Palestine Liberation Organization continues to
abide by all the commitments described in paragraph (4).
(3) Requirement for continuing plo compliance.--Any
suspension under subsection (a) of a provision of law
specified in subsection (c) shall cease to be effective if
the President certifies to the relevant congressional
committees that the Palestine Liberation Organization has not
continued to abide by all the commitments described in
paragraph (4).
(4) PLO commitments described.--The commitments referred to
in paragraphs (2) and (3) are the commitments made by the
Palestine Liberation Organization--
(A) in its letter of September 9, 1993, to the Prime
Minister of Israel; in its letter of September 9, 1993, to
the Foreign Minister of Norway to--
(i) recognize the right of the State of Israel to exist in
peace and security;
(ii) accept United Nations Security Council Resolutions 242
and 338;
(iii) renounce the use of terrorism and other acts of
violence;
(iv) assume responsibility over all PLO elements and
personnel in order to assure their compliance, prevent
violations and discipline violators;
(v) call upon the Palestinian people in the West Bank and
Gaza Strip to take part in the steps leading to the
normalization of life, rejecting violence and terrorism, and
contributing to peace and stability; and
(vi) submit to the Palestine National Council for formal
approval the necessary changes to the Palestinian National
Covenant eliminating calls for Israel's destruction, and
(B) in, and resulting from, the good faith implementation
of, the Declaration of Principles on Interim Self-Government
Arrangements signed on September 13, 1993.
(5) Expectation of congress regarding any extension of
presidential authority.--The Congress expects that any
extension of the authority provided to the President in
subsection (a) will be conditional on the Palestine
Liberation Organization--
(A) renouncing the Arab League boycott of Israel;
(B) urging the nations of the Arab League to end the Arab
League boycott of Israel;
(C) cooperating with efforts undertaken by the President of
the United States to end the Arab League boycott of Israel;
and
(D) condemning individual acts of terrorism and violence.
(6) Reporting requirement.--As part of the President's
written policy justification referred to in paragraph (1),
the President will report on the PLO's response to individual
acts of terrorism and violence, as well as its actions
concerning the Arab League boycott of Israel as enumerated in
paragraph (5) and on the status of the PLO office in the
United States as enumerated in subsection (c)(3).
(c) Provisions That May Be Suspended.--The provisions that
may be suspended under the authority of subsection (a) are
the following:
(1) Section 307 of the Foreign Assistance Act of 1961 (22
U.S.C. 2227) as it applies with respect to the Palestine
Liberation Organization or entities associated with it.
(2) Section 114 of the Department of State Authorization
Act, Fiscal years 1984 and 1985 (22 U.S.C. 287e note) as it
applies with respect to the Palestine Liberation Organization
or entities associated with it.
(3) Section 1003 of the Foreign Relations Authorization
Act, Fiscal years 1988 and 1989 (22 U.S.C. 5202).
(4) Section 37 of the Bretton Woods Agreement Act (22
U.S.C. 286w) as it applies to the granting to the Palestine
Liberation Organization of observer status or other official
status at any meeting sponsored by or associated with the
International Monetary Fund. As used in this paragraph, the
term ``other official status'' does not include membership in
the International Monetary Fund.
(d) Relevant Congressional Committees Defined.--As used in
this section, the term ``relevant congressional committees''
means--
(1) the Committee on Foreign Affairs, the Committee on
Banking, Finance and Urban Affairs, and the Committee on
Appropriations of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
TITLE VI--PEACE CORPS
SEC. 601. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There are authorized
to be appropriated $219,745,000 for the fiscal year 1994 and
$234,745,000 for the fiscal year 1995 to carry out the Peace
Corps Act.
(b) Availability of Funds.--Funds made available to the
Peace Corps pursuant to the authorization under subsection
(a) shall be available for the fiscal year for which
appropriated and the subsequent fiscal year.
SEC. 602. AMENDMENTS TO THE PEACE CORPS ACT.
(a) Extension of Contracting Authority.--Section 10(c) of
the Peace Corps Act (22 U.S.C. 2509(c)) is amended by
striking ``thirty six months'' and inserting ``five years''.
(b) Liability Insurance for Medical Services Personnel.--
Section 10(j) of the Peace Corps Act (22 U.S.C. 2509(j)) is
amended by inserting before the period at the end of the
first sentence ``, and to individuals employed under personal
services contracts to furnish medical services abroad
pursuant to subsection (a)(5) of this section.''.
TITLE VII--ARMS CONTROL
PART A--ARMS CONTROL AND NONPROLIFERATION ACT OF 1994
SEC. 701. SHORT TITLE; REFERENCES IN PART; TABLE OF CONTENTS.
(a) Short Title.--This part may be cited as the ``Arms
Control and Nonproliferation Act of 1994''.
(b) References in Part.--Except as specifically provided in
this part, whenever in
[[Page 757]]
this part an amendment or repeal is expressed as an amendment
to or repeal of a provision, the reference shall be deemed to
be made to the Arms Control and Disarmament Act.
SEC. 702. CONGRESSIONAL DECLARATIONS; PURPOSE.
(a) Congressional Declarations.--The Congress declares
that--
(1) a fundamental goal of the United States, particularly
in the wake of the highly turbulent and uncertain
international situation fostered by the end of the Cold War,
the disintegration of the Soviet Union and the resulting
emergence of fifteen new independent states, and the
revolutionary changes in Eastern Europe, is to prevent the
proliferation of nuclear weapons and their means of delivery
and of advanced conventional armaments, to eliminate chemical
and biological weapons, and to reduce and limit the large
numbers of nuclear weapons in the former Soviet Union, as
well as to prevent regional conflicts and conventional arms
races; and
(2) an ultimate goal of the United States continues to be a
world in which the use of force is subordinated to the rule
of law and international change is achieved peacefully
without the danger and burden of destabilizing and costly
armaments.
(b) Purpose.--The purpose of this part is--
(1) to strengthen the United States Arms Control and
Disarmament Agency; and
(2) to improve congressional oversight of the arms control,
nonproliferation, and disarmament activities of the United
States Arms Control and Disarmament Agency, and of the
Agency's operating budget.
SEC. 703. PURPOSES.
Section 2 (22 U.S.C. 2551) is amended in the text following
the third undesignated paragraph by striking paragraphs (a),
(b), (c), and (d) and by inserting the following new
paragraphs:
``(1) The preparation for and management of United States
participation in international negotiations and
implementation fora in the arms control and disarmament
field.
``(2) When directed by the President, the preparation for,
and management of, United States participation in
international negotiations and implementation fora in the
nonproliferation field.
``(3) The conduct, support, and coordination of research
for arms control, nonproliferation, and disarmament policy
formulation.
``(4) The preparation for, operation of, or, as
appropriate, direction of, United States participation in
such control systems as may become part of United States arms
control, nonproliferation, and disarmament activities.
``(5) The dissemination and coordination of public
information concerning arms control, nonproliferation, and
disarmament.''.
SEC. 704. REPEALS.
The following provisions of law are hereby repealed:
(1) Subsections (b) and (c) of section 36 (22 U.S.C. 2576),
relating to arms control impact information and analysis.
(2) Section 38 (22 U.S.C. 2578), relating to reports on
Standing Consultative Commission activities.
(3) Section 52 (22 U.S.C. 2592), relating to reports on
adherence to and compliance with agreements.
SEC. 705. DIRECTOR.
Section 22 (22 U.S.C. 2562) is amended to read as follows:
``director
``Sec. 22. (a) Appointment.--The Agency shall be headed by
a Director appointed by the President, by and with the advice
and consent of the Senate. No person serving on active duty
as a commissioned officer of the Armed Forces of the United
States may be appointed Director.
``(b) Duties.--(1) The Director shall serve as the
principal adviser to the Secretary of State, the National
Security Council, and the President and other executive
branch Government officials on matters relating to arms
control, nonproliferation, and disarmament. In carrying out
his duties under this Act, the Director, under the direction
of the President and the Secretary of State, shall have
primary responsibility within the Government for matters
relating to arms control and disarmament, and, whenever
directed by the President, primary responsibility within the
Government for matters relating to nonproliferation.
``(2) The Director shall attend all meetings of the
National Security Council involving weapons procurement, arms
sales, consideration of the defense budget, and all arms
control, nonproliferation, and disarmament matters.''.
SEC. 706. BUREAUS, OFFICES, AND DIVISIONS.
Section 25 (22 U.S.C. 2565) is amended to read as follows:
``bureaus, offices, and divisions
``Sec. 25. The Director may establish within the Agency
such bureaus, offices, and divisions as he may determine to
be necessary to discharge his responsibilities pursuant to
this Act, including a bureau of intelligence and information
support and an office to perform legal services for the
Agency.''.
SEC. 707. SCIENTIFIC AND POLICY ADVISORY COMMITTEE.
Section 26 (22 U.S.C. 2566) is amended to read as follows:
``scientific and policy advisory committee
``Sec. 26. (a) Establishment.--(1) The President may
appoint a Scientific and Policy Advisory Committee (in this
section referred to as the `Committee') of not to exceed 15
members, not less than eight of whom shall be scientists.
``(2) The members of the Committee shall be appointed as
follows:
``(A) One member, who shall be a person of renown and
distinction, shall be appointed by the President, by and with
the advice and consent of the Senate, as Chairman of the
Committee.
``(B) Fourteen other members shall be appointed by the
President.
``(3) The Committee shall meet at least twice each year.
``(b) Function.--It shall be the responsibility of the
Committee to advise the President, the Secretary of State,
and the Director respecting scientific, technical, and policy
matters affecting arms control, nonproliferation, and
disarmament.
``(c) Reimbursement of Expenses.--The members of the
Committee may receive reimbursement of expenses only in
accordance with the provisions applicable to the
reimbursement of experts and consultants under section 41(d)
of this Act.
``(d) Termination.--The Committee shall terminate two years
after the date of enactment of the Arms Control and
Nonproliferation Act of 1994.
``(e) Definition.--As used in this section, the term
`scientist' means an individual who has a demonstrated
knowledge and technical expertise with respect to arms
control, nonproliferation, and disarmament matters and who
has distinguished himself or herself in any of the fields of
physics, chemistry, mathematics, biology, or engineering,
including weapons engineering.''.
SEC. 708. PRESIDENTIAL SPECIAL REPRESENTATIVES.
(a) In General.--Section 27 (22 U.S.C. 2567) is amended to
read as follows:
``presidential special representatives
``Sec. 27. The President may appoint, by and with the
advice and consent of the Senate, Special Representatives of
the President for arms control, nonproliferation, and
disarmament matters. Each Presidential Special Representative
shall hold the rank of ambassador. One such Representative
may serve in the Agency as Chief Science Advisor.
Presidential Special Representatives appointed under this
section shall perform their duties and exercise their powers
under direction of the President and the Secretary of State,
acting through the Director. The Agency shall be the
Government agency responsible for providing administrative
support, including funding, staff, and office space, to all
Presidential Special Representatives.''.
(b) Conforming Amendment.--Section 5315 of title 5, United
States Code, is amended by striking:
``Special Representatives for Arms Control and Disarmament
Negotiations, United States Arms Control and Disarmament
Agency (2).''
and inserting:
``Special Representatives of the President for arms
control, nonproliferation, and disarmament matters, United
States Arms Control and Disarmament Agency.''.
SEC. 709. POLICY FORMULATION.
Section 33 (22 U.S.C. 2573) is amended to read as follows:
``policy formulation
``Sec. 33. (a) Formulation.--The Director shall prepare for
the President, the Secretary of State, and the heads of such
other Government agencies as the President may determine,
recommendations and advice concerning United States arms
control, nonproliferation, and disarmament policy.
``(b) Prohibition.--No action shall be taken pursuant to
this or any other Act that would obligate the United States
to reduce or limit the Armed Forces or armaments of the
United States in a militarily significant manner, except
pursuant to the treaty-making power of the President set
forth in Article II, Section 2, Clause 2 of the Constitution
or unless authorized by the enactment of further affirmative
legislation by the Congress of the United States.''.
SEC. 710. NEGOTIATION MANAGEMENT.
Section 34 (22 U.S.C. 2574) is amended to read as follows:
``negotiation management
``Sec. 34. (a) Responsibilities.--The Director, under the
direction of the President and the Secretary of State, shall
have primary responsibility for the preparation, conduct, and
management of United States participation in all
international negotiations and implementation fora in the
field of arms control and disarmament and shall have primary
responsibility, whenever directed by the President, for the
preparation, conduct, and management of United States
participation in international negotiations and
implementation fora in the field of nonproliferation. In
furtherance of these responsibilities, Special
Representatives of the President appointed pursuant to
section 27, shall, as directed by the President, serve as the
United States Government representatives to international
organizations, conferences, and activities relating to the
field of nonproliferation, such as the preparations for and
conduct of the review relating to the Treaty on the Non-
Proliferation of Nuclear Weapons.
``(b) Functions With Respect to the United States
Information Agency.--The Director shall perform functions
pursuant to section 2(c) of the Reorganization Plan 8 of 1953
with respect to providing to the United States Information
Agency official United States positions and policy on arms
control, nonproliferation, and disarmament matters for
dissemination abroad.
[[Page 758]]
``(c) Authority.--The Director is authorized--
``(1) for the purpose of conducting negotiations concerning
arms control, nonproliferation, or disarmament or for the
purpose of exercising any other authority given him by this
Act--
``(A) to consult and communicate with, or to direct the
consultation and communication with, representatives of other
nations or of international organizations, and
``(B) to communicate in the name of the Secretary of State
with diplomatic representatives of the United States in the
United States or abroad;
``(2) to formulate plans and make preparations for the
establishment, operation, and funding of inspections and
control systems which may become part of the United States
arms control, nonproliferation, and disarmament activities;
and
``(3) as authorized by law, to put into effect, direct, or
otherwise assume United States responsibility for such
systems.''.
SEC. 711. REPORT ON MEASURES TO COORDINATE RESEARCH AND
DEVELOPMENT.
Not later than December 31, 1994, the President shall
submit to the Congress a report prepared by the Director of
the United States Arms Control and Disarmament Agency, in
coordination with the Secretary of State, the Secretary of
Defense, the Secretary of Energy, the Chairman of the Joint
Chiefs of Staff, and the Director of Central Intelligence,
with respect to the procedures established pursuant to
section 35 of the Arms Control and Disarmament Act (22 U.S.C.
2575) for the effective coordination of research and
development on arms control, nonproliferation, and
disarmament among all departments and agencies of the
executive branch of Government.
SEC. 712. VERIFICATION OF COMPLIANCE.
Section 37 (22 U.S.C. 2577) is amended to read as follows:
``verification of compliance
``Sec. 37. (a) In General.--In order to ensure that arms
control, nonproliferation, and disarmament agreements can be
adequately verified, the Director shall report to Congress,
on a timely basis, or upon request by an appropriate
committee of the Congress--
``(1) in the case of any arms control, nonproliferation, or
disarmament agreement that has been concluded by the United
States, the determination of the Director as to the degree to
which the components of such agreement can be verified;
``(2) in the case of any arms control, nonproliferation, or
disarmament agreement that has entered into force, any
significant degradation or alteration in the capacity of the
United States to verify compliance of the components of such
agreement;
``(3) the amount and percentage of research funds expended
by the Agency for the purpose of analyzing issues relating to
arms control, nonproliferation, and disarmament verification;
and
``(4) the number of professional personnel assigned to arms
control verification on a full-time basis by each Government
agency.
``(b) Standard for Verification of Compliance.--In making
determinations under paragraphs (1) and (2) of subsection
(a), the Director shall assume that all measures of
concealment not expressly prohibited could be employed and
that standard practices could be altered so as to impede
verification.
``(c) Rule of Construction.--Except as otherwise provided
for by law, nothing in this section may be construed as
requiring the disclosure of sensitive information relating to
intelligence sources or methods or persons employed in the
verification of compliance with arms control,
nonproliferation, and disarmament agreements.
``(d) Participation of the Agency.--In order to ensure
adherence of the United States to obligations or commitments
undertaken in arms control, nonproliferation, and disarmament
agreements, and in order for the Director to make the
assessment required by section 51(a)(5), the Director, or the
Director's designee, shall participate in all interagency
groups or organizations within the executive branch of
Government that assess, analyze, or review United States
planned or ongoing policies, programs, or actions that have a
direct bearing on United States adherence to obligations
undertaken in arms control, nonproliferation, or disarmament
agreements.''.
SEC. 713. NEGOTIATING RECORDS.
(a) In General.--The Arms Control and Disarmament Act is
amended by inserting after section 37 the following:
``negotiating records
``Sec. 38. (a) Preparation of Records.--The Director shall
establish and maintain records for each arms control,
nonproliferation, and disarmament agreement to which the
United States is a party and which was under negotiation or
in force on or after January 1, 1990, which shall include
classified and unclassified materials such as instructions
and guidance, position papers, reporting cables and memoranda
of conversation, working papers, draft texts of the
agreement, diplomatic notes, notes verbal, and other internal
and external correspondence.
``(b) Negotiating and Implementation Records.--In
particular, the Director shall establish and maintain a
negotiating and implementation record for each such
agreement, which shall be comprehensive and detailed, and
shall document all communications between the parties with
respect to such agreement. Such records shall be maintained
both in hard copy and magnetic media.
``(c) Participation of Agency Personnel.--In order to
implement effectively this section, the Director shall ensure
that Agency personnel participate throughout the negotiation
and implementation phases of all arms control,
nonproliferation, and disarmament agreements.''.
(b) Report Required.--Not later than January 31, 1995, the
Director of the United States Arms Control and Disarmament
Agency shall submit to the Speaker of the House of
Representatives and to the chairman of the Committee on
Foreign Relations of the Senate a detailed report describing
the actions he has undertaken to implement section 38 of the
Arms Control and Disarmament Act.
SEC. 714. AUTHORITIES WITH RESPECT TO NONPROLIFERATION
MATTERS.
(a) Amendments to the Arms Export Control Act.--(1) Section
38(a)(2) of the Arms Export Control Act (22 U.S.C.
2778(a)(2)) is amended to read as follows:
``(2) Decisions on issuing export licenses under this
section shall be made in coordination with the Director of
the United States Arms Control and Disarmament Agency, taking
into account the Director's assessment as to whether the
export of an article would contribute to an arms race, aid in
the development of weapons of mass destruction, support
international terrorism, increase the possibility of outbreak
or escalation of conflict, or prejudice the development of
bilateral or multilateral arms control or nonproliferation
agreements or other arrangements. The Director of the Arms
Control and Disarmament Agency is authorized, whenever the
Director determines that the issuance of an export license
under this section would be detrimental to the national
security of the United States, to recommend to the President
that such export license be disapproved.''.
(2) Section 42(a) of such Act (22 U.S.C. 2791(a)) is
amended--
(A) in the second sentence, by redesignating clauses (1),
(2), and (3) as clauses (A), (B), and (C), respectively;
(B) by inserting ``(1)'' immediately after ``(a)'';
(C) by amending clause (C) (as redesignated) to read as
follows: ``(C) the assessment of the Director of the United
States Arms Control and Disarmament Agency as to whether, and
the extent to which, such sale might contribute to an arms
race, aid in the development of weapons of mass destruction,
support international terrorism, increase the possibility of
outbreak or escalation of conflict, or prejudice the
development of bilateral or multilateral arms control or
nonproliferation agreements or other arrangements.''; and
(D) by adding at the end the following:
``(2) Any proposed sale made pursuant to this Act shall be
approved only after consultation with the Director of the
United States Arms Control and Disarmament Agency. The
Director of the Arms Control and Disarmament Agency is
authorized, whenever the Director determines that a sale
under this section would be detrimental to the national
security of the United States, to recommend to the President
that such sale be disapproved.''.
(3) Section 71(a) of such Act (22 U.S.C. 2797(a)) is
amended by inserting ``, the Director of the Arms Control and
Disarmament Agency,'' after ``the Secretary of Defense''.
(4) Section 71(b)(1) of such Act (22 U.S.C. 2797(b)(1)) is
amended by inserting ``and the Director of the United States
Arms Control and Disarmament Agency'' after ``Secretary of
Defense''.
(5) Section 71(b)(2) of such Act (22 U.S.C. 2797(b)(2)) is
amended--
(A) by striking ``and the Secretary of Commerce'' and
inserting ``, the Secretary of Commerce, and the Director of
the United States Arms Control and Disarmament Agency''; and
(B) by inserting ``or the Director'' after ``relevant
Secretary''.
(6) Section 71(c) of such Act (22 U.S.C. 2797(c)) is
amended by inserting ``with the Director of the United States
Arms Control and Disarmament Agency,'' after ``Director of
Central Intelligence,''.
(7) Section 73(d) of such Act (22 U.S.C. 2797(d)) is
amended by striking ``and the Secretary of Commerce,'' and
inserting ``, the Secretary of Commerce, and the Director of
the United States Arms Control and Disarmament Agency,''.
(b) Amendment to the Nuclear Non-Proliferation Act.--
Section 309(c) of the Nuclear Non-Proliferation Act of 1978
(42 U.S.C. 2139a(c)) is amended in the second sentence by
striking out ``, as required,''.
SEC. 715. APPOINTMENT AND COMPENSATION OF PERSONNEL.
Section 41(b) of the Arms Control and Disarmament Act (22
U.S.C. 2581(b)) is amended by striking ``except that during
the 2-year'' and all that follows through the end thereof and
inserting ``except that the Director may, to the extent the
Director determines necessary to the discharge of his
responsibilities, appoint and fix the compensation of
employees possessing specialized technical expertise without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service and the
provisions of chapter 51 and subchapter III of chapter 53 of
such title relating to classification and General Schedule
pay rates, if the Director ensures that--
``(1) any employee who is appointed under this exception is
not paid at a rate--
``(A) in excess of the rate payable for positions of
equivalent difficulty or responsibility, or
[[Page 759]]
``(B) exceeding the maximum rate payable for grade 15 of
the General Schedule; and
``(2) the number of employees appointed under this
exception shall not exceed 10 percent of the Agency's full-
time-equivalent ceiling.''.
SEC. 716. SECURITY REQUIREMENTS.
Section 45(a) (22 U.S.C. 2585) is amended in the third
sentence--
(1) by inserting ``or employed directly from other
Government agencies'' after ``persons detailed from other
Government agencies''; and
(2) by striking ``by the Department of Defense or the
Department of State'' and inserting ``by such agencies''.
SEC. 717. REPORTS.
(a) In General.--Title IV of the Arms Control and
Disarmament Act is amended--
(1) by striking sections 49 and 50;
(2) by redesignating sections 51 and 53 as sections 49 and
50, respectively; and
(3) by inserting after section 50 (as redesignated by
paragraph (2)) the following new sections:
``annual report to congress
``Sec. 51. (a) In General.--Not later than January 31 of
each year, the President shall submit to the Speaker of the
House of Representatives and to the chairman of the Committee
on Foreign Relations of the Senate a report prepared by the
Director, in consultation with the Secretary of State, the
Secretary of Defense, the Secretary of Energy, the Chairman
of the Joint Chiefs of Staff, and the Director of Central
Intelligence, on the status of United States policy and
actions with respect to arms control, nonproliferation, and
disarmament. Such report shall include--
``(1) a detailed statement concerning the arms control and
disarmament objectives of the executive branch of Government
for the forthcoming year;
``(2) a detailed statement concerning the nonproliferation
objectives of the executive branch of Government for the
forthcoming year;
``(3) a detailed assessment of the status of any ongoing
arms control or disarmament negotiations, including a
comprehensive description of negotiations or other activities
during the preceding year and an appraisal of the status and
prospects for the forthcoming year;
``(4) a detailed assessment of the status of any ongoing
nonproliferation negotiations or other activities, including
a comprehensive description of the negotiations or other
activities during the preceding year and an appraisal of the
status and prospects for the forthcoming year;
``(5) a detailed assessment of adherence of the United
States to obligations undertaken in arms control,
nonproliferation, and disarmament agreements, including
information on the policies and organization of each relevant
agency or department of the United States to ensure adherence
to such obligations, a description of national security
programs with a direct bearing on questions of adherence to
such obligations and of steps being taken to ensure
adherence, and a compilation of any substantive questions
raised during the preceding year and any corrective action
taken; and
``(6) a detailed assessment of the adherence of other
nations to obligations undertaken in all arms control,
nonproliferation, and disarmament agreements to which the
United States is a participating state, including information
on actions taken by each nation with regard to the size,
structure, and disposition of its military forces in order to
comply with arms control, nonproliferation, or disarmament
agreements, and shall include, in the case of each agreement
about which compliance questions exist--
``(A) a description of each significant issue raised and
efforts made and contemplated with the other participating
state to seek resolution of the difficulty;
``(B) an assessment of damage, if any, to the United States
security and other interests; and
``(C) recommendations as to any steps that should be
considered to redress any damage to United States national
security and to reduce compliance problems.
``(b) Classification of the Report.--The report required by
this section shall be submitted in unclassified form, with
classified annexes, as appropriate.
``public annual report on world military expenditures and arms
transfers
``Sec. 52. Not later than December 31 of each year, the
Director shall publish an unclassified report on world
military expenditures and arms transfers. Such report shall
provide detailed, comprehensive, and statistical information
regarding military expenditures, arms transfers, armed
forces, and related economic data for each country of the
world. In addition, such report shall include pertinent in-
depth analyses as well as highlights with respect to arms
transfers and proliferation trends and initiatives affecting
such developments.''.
(b) Report on Revitalization of ACDA.--Not later than
December 31, 1995, the Director of the United States Arms
Control and Disarmament Agency shall submit to the Speaker of
the House of Representatives and the chairman of the
Committee on Foreign Relations of the Senate a detailed
report describing the actions that have been taken and that
are underway to revitalize the United States Arms Control and
Disarmament Agency pursuant to the provisions of this part
and the amendments made by this part.
SEC. 718. FUNDING.
(a) In General.--Title IV of the Arms Control and
Disarmament Act, as amended by section 717, is further
amended by adding at the end the following:
``requirement for authorization of appropriations
``Sec. 53. (a) Limitation on Obligation and Expenditure of
Funds.--Notwithstanding any other provision of law, for the
fiscal year 1994 and for each subsequent year, any funds
appropriated for the Agency shall not be available for
obligation or expenditure--
``(1) unless such funds are appropriated pursuant to an
authorization of appropriations; or
``(2) in excess of the authorized level of appropriations.
``(b) Subsequent Authorization.--The limitation under
subsection (a) shall not apply to the extent that an
authorization of appropriations is enacted after such funds
are appropriated.
``(c) Application.--The provisions of this section--
``(1) may not be superseded, except by a provision of law
which specifically repeals, modifies, or supersedes the
provisions of this section; and
``(2) shall not apply to, or affect in any manner,
permanent appropriations, trust funds, and other similar
accounts which are authorized by law and administered by the
Agency.
``transfers and reprogrammings
``Sec. 54. (a) Transfer of Funds.--Funds appropriated for
the purpose of carrying out this Act may be allocated or
transferred to any agency for such purpose. Such funds shall
be available for obligation and expenditure in accordance
with the authorities of this Act or in accordance with the
authorities governing the activities of the agencies to which
such funds are allocated or transferred.
``(b) Limitation.--Not more than 12 percent of any
appropriation made for the purpose of carrying out this Act
shall be obligated or reserved during the last month of the
fiscal year.''.
``(c) Congressional Notification of Certain
Reprogrammings.--Unless the Committee on Foreign Affairs of
the House of Representatives and the Committee on Foreign
Relations of the Senate are notified at least 15 days in
advance of the proposed reprogramming, funds appropriated to
carry out this Act (other than funds to carry out title V)
shall not be available for obligation or expenditure through
any reprogramming of funds that--
``(1) would create or eliminate a program, project, or
activity;
``(2) would increase funds or personnel by any means for
any program, project, or activity for which funds have been
denied or restricted by the Congress;
``(3) would relocate an office or employees;
``(4) would reorganize offices, programs, projects, or
activities;
``(5) would involve contracting out functions which had
been performed by Federal employees; or
``(6) would involve a reprogramming in excess of $1,000,000
or 10 percent (whichever is less) and would--
``(A) augment existing programs, projects, or activities,
``(B) reduce by 10 percent or more the funding for any
existing program, project, activity, or personnel approved by
the Congress, or
``(C) result from any general savings from a reduction in
personnel that would result in a change in existing programs,
activities, or projects approved by the Congress.
``(d) Limitation on End-of-Year Reprogrammings.--Funds
appropriated to carry out this Act (other than funds to carry
out title V) shall not be available for obligation or
expenditure through any reprogramming described in paragraph
(1) during the last 15 days in which such funds are available
for obligation or expenditure (as the case may be) unless the
notification required by that paragraph was submitted before
that 15-day period.''.
SEC. 719. CONFORMING AMENDMENTS.
(a) Section 2 (22 U.S.C. 2551) is amended--
(1) in the second undesignated paragraph, by inserting ``,
nonproliferation,'' after ``Arms control''; and
(2) in the second and third undesignated paragraphs, by
inserting ``, nonproliferation,'' after ``arms control'' each
place it appears.
(b) Section 28 (22 U.S.C. 2568) is amended--
(1) in the first sentence, by striking ``field of arms
control and disarmament'' and inserting ``fields of arms
control, nonproliferation, and disarmament''; and
(2) in the second sentence, by inserting ``,
nonproliferation,'' after ``arms control''.
(c) Section 31 (22 U.S.C. 2571) is amended--
(1) in the text above paragraph (a), by striking ``field of
arms control and disarmament'' each of the three places it
appears and inserting ``fields of arms control,
nonproliferation, and disarmament'';
(2) in the first sentence, by inserting ``and
nonproliferation'' after disarmament; and
(3) in the fourth sentence, by inserting ``,
nonproliferation,'' after ``arms control'' each of the eight
places it appears.
(d) Section 35 (22 U.S.C. 2575) is amended by inserting ``,
nonproliferation,'' after ``arms control''.
(e) Section 36 (22 U.S.C. 2576) is amended--
(1) by amending the section heading to read as follows:
``arms control information'';
(2) by striking ``(a)''; and
[[Page 760]]
(3) by inserting ``, nonproliferation,'' after ``arms
control'' each of the two places it appears.
(f) Section 39 (22 U.S.C. 2579) is amended by inserting ``,
nonproliferation,'' after ``arms control'' each of the two
places it appears.
(g) Section 49 (as redesignated by section 817(a)(2)) is
amended--
(1) by striking ``Soviet''; and
(2) by inserting ``of the former Soviet Union'' after
``affairs''.
PART B--AMENDMENTS TO THE ARMS EXPORT CONTROL ACT
SEC. 731. LIMITATION ON AUTHORITY TO TRANSFER EXCESS DEFENSE
ARTICLES.
(a) Transfers to Countries on the Southern and Southeastern
Flank of NATO.--Section 516(b) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2321j(b)) is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) the President first considers the effects of the
transfer of the excess defense articles on the national
technology and industrial base, particularly the extent, if
any, to which the transfer reduces the opportunities of
entities in the national technology and industrial base to
sell new equipment to the country or countries to which the
excess defense articles are transferred.''.
(b) Transfers to Countries Participating in a Comprehensive
National Antinarcotics Program.--Section 517(f) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321k(f)) is
amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) the President first considers the effects of the
transfer of the excess defense articles on the national
technology and industrial base, particularly the extent, if
any, to which the transfer reduces the opportunities of
entities in the national technology and industrial base to
sell new equipment to the country or countries to which the
excess defense articles are transferred.''.
(c) Transfers to Countries Eligible To Participate in a
Foreign Military Financing Program.--Section 519(b) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321m(b)) is
amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(5) the President first considers the effects of the
transfer of the excess defense articles on the national
technology and industrial base, particularly the extent, if
any, to which the transfer reduces the opportunities of
entities in the national technology and industrial base to
sell new equipment to the country or countries to which the
excess defense articles are transferred.''.
(d) Sales from Stock Under Arms Export Control Act.--
Section 21 of the Arms Export Control Act (22 U.S.C. 2761) is
amended by adding at the end the following new subsection:
``(k) Before entering into the sale under this Act of
defense articles that are excess to the stocks of the
Department of Defense, the President shall first consider the
effects of the sale of the articles on the national
technology and industrial base, particularly the extent, if
any, to which the sale reduces the opportunities of entities
in the national technology and industrial base to sell new
equipment to the country or countries to which the excess
defense articles are sold.''.
(e) Leases under Arms Export Control Act.--Section 61(a) of
the Arms Export Control Act (22 U.S.C. 2796(a)) is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by redesignating paragraph (3) as paragraph (4);
(3) by inserting after paragraph (2) the following new
paragraph (3):
``(3) the President first considers the effects of the
lease of the articles on the national technology and
industrial base, particularly the extent, if any, to which
the lease reduces the opportunities of entities in the
national technology and industrial base to sell new equipment
to the country or countries to which the articles are leased;
and''; and
(4) in the matter following paragraph (4) (as redesignated
by paragraph (2) of this subsection) by striking ``paragraph
(3)'' each place it appears and inserting ``paragraph (4)''.
SEC. 732. REPORTS UNDER THE ARMS EXPORT CONTROL ACT.
(a) Numbered Certifications With Respect to Government-To-
Government Sales.--Section 36(b)(1) of the Arms Export
Control Act (22 U.S.C. 2776(b)(1)) is amended--
(1) by inserting after the second sentence the following
new sentence: ``Each such numbered certification shall
contain an item indicating whether any offset agreement is
proposed to be entered into in connection with such letter of
offer to sell (if known on the date of transmittal of such
certification).''; and
(2) in subparagraph (C) by inserting ``and a description
from such contractor of any offset agreements proposed to be
entered into in connection with such sale'' after ``sold''.
(b) Numbered Certifications With Respect to Commercial
Exports.--Section 36(c)(1) of the Arms Export Control Act (22
U.S.C. 2776(c)(1)) is amended--
(1) by inserting after the first sentence the following new
sentence: ``Each such numbered certification shall also
contain an item indicating whether any offset agreement is
proposed to be entered into in connection with such export
(if known on the date of transmittal of such
certification).''; and
(2) in the third sentence by inserting ``and a description
from the person who has submitted the license application of
any offset agreement proposed to be entered into in
connection with such export (if known on the date of
transmittal of such statement)'' after ``Secretary of
Defense''.
(c) Definitions.--Section 36 of the Arms Export Control Act
(22 U.S.C. 2776) is amended by adding at the end the
following:
``(e) For purposes of this section--
``(1) the term `offset agreement' means an agreement,
arrangement, or understanding between a United States
supplier of defense articles or defense services and a
foreign country under which the supplier agrees to purchase
or acquire, or to promote the purchase or acquisition by
other United States persons of, goods or services produced,
manufactured, grown, or extracted, in whole or in part, in
that foreign country in consideration for the purchase by the
foreign country of defense articles or defense service from
the supplier; and
``(2) the term `United States person' means--
``(A) an individual who is a national or permanent resident
alien of the United States; and
``(B) any corporation, business association, partnership,
trust, or other juridical entity--
``(i) organized under the laws of the United States or any
State, district, territory, or possession thereof; or
``(ii) owned or controlled in fact by individuals described
in subparagraph (A).''.
SEC. 734. PROHIBITION ON INCENTIVE PAYMENTS UNDER THE ARMS
EXPORT CONTROL ACT.
The Arms Export Control Act (22 U.S.C. 2779) is amended by
inserting after section 39 the following new section:
``SEC. 39A. PROHIBITION ON INCENTIVE PAYMENTS.
``(a) No United States supplier of defense articles or
services sold under this Act, nor any employee, agent, or
subcontractor thereof, shall, with respect to the sale of any
such defense article or defense service to a foreign country,
make any incentive payments for the purpose of satisfying, in
whole or in part, any offset agreement with that country.
``(b) Any person who violates the provisions of this
section shall be subject to the imposition of civil penalties
as provided for in this section.
``(c) In the enforcement of this section, the President is
authorized to exercise the same powers concerning violations
and enforcement and imposition of civil penalties which are
conferred upon departments, agencies and officials by
subsections (c), (d), (e), and (f) of section 11 of the
Export Administration Act of 1979 and section 12(a) of such
Act, subject to the same terms and conditions as are
applicable to such powers under that Act, except that
notwithstanding section 11(c) of that Act, the civil penalty
for each violation of this section may not exceed $500,000 or
five times the amount of the prohibited incentive payment,
whichever is greater.
``(d) For purposes of this section--
``(1) the term `offset agreement' means an agreement,
arrangement, or understanding between a United States
supplier of defense articles or defense services and a
foreign country under which the supplier agrees to purchase
or acquire, or to promote the purchase or acquisition by
other United States persons of, goods or services produced,
manufactured, grown, or extracted, in whole or in part, in
that foreign country in consideration for the purchase by the
foreign country of defense articles or defense services from
the supplier;
``(2) the term `incentive payments' means direct monetary
compensation made by a United States supplier of defense
articles or defense services or by any employee, agent or
subcontractor thereof to any other United States person to
induce or persuade that United States person to purchase or
acquire goods or services produced, manufactured, grown, or
extracted, in whole or in part, in the foreign country which
is purchasing those defense articles or services from the
United States supplier; and
``(3) the term `United States person' means--
``(A) an individual who is a national or permanent resident
alien of the United States; and
``(B) any corporation, business association, partnership,
trust, or other juridical entity--
``(i) organized under the laws of the United States or any
State, the District of Columbia, or any territory or
possession of the United States; or
``(ii) owned or controlled in fact by individuals described
in subparagraph (A).''.
SEC. 735. MISSILE TECHNOLOGY EXPORTS TO CERTAIN MIDDLE
EASTERN AND ASIAN COUNTRIES.
(a) Exports by United States Persons.--Section 72 of the
Arms Export Control Act (22 U.S.C. 2797a) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Presumption.--In determining whether to apply
sanctions under subsection (a) to
[[Page 761]]
a United States person involved in the export, transfer, or
trade of an item on the MTCR Annex, it should be a rebuttable
presumption that such item is designed for use in a missile
listed in the MTCR Annex if the President determines that the
final destination of the item is a country the government of
which the Secretary of State has determined, for purposes of
6(j)(1)(A) of the Export Administration Act of 1979, has
repeatedly provided support for acts of international
terrorism.''.
(b) Exports by Foreign Persons.--Section 73 of the Arms
Export Control Act (22 U.S.C. 2797b) is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following:
``(f) Presumption.--In determining whether to apply
sanctions under subsection (a) to a foreign person involved
in the export, transfer, or trade of an item on the MTCR
Annex, it should be a rebuttable presumption that such item
is designed for use in a missile listed in the MTCR Annex if
the President determines that the final destination of the
item is a country the government of which the Secretary of
State has determined, for purposes of 6(j)(1)(A) of the
Export Administration Act of 1979, has repeatedly provided
support for acts of international terrorism.''.
SEC. 736. NOTIFICATION OF CONGRESS ON CERTAIN EVENTS
INVOLVING THE MISSILE TECHNOLOGY CONTROL REGIME
(MTCR).
(a) Sale of Defense Articles or Services.--Section 36(b)(1)
of the Arms Export Control Act is amended by inserting after
``sensitivity of such technology.'' the following new
sentence: ``In a case in which such articles or services
listed on the Missile Technology Control Regime Annex are
intended to support the design, development, or production of
a Category I space launch vehicle system (as defined in
section 74), such report shall include a description of the
proposed export and rationale for approving such export,
including the consistency of such export with United States
missile nonproliferation policy.''.
(b) Export of Major Defense Equipment.--Section 36(c)(1) of
the Arms Export Control Act is amended by inserting after
``in consultation with the Secretary of Defense.'' the
following new sentence: ``In a case in which such articles or
services are listed on the Missile Technology Control Regime
Annex and are intended to support the design, development, or
production of a Category I space launch vehicle system (as
defined in section 74), such report shall include a
description of the proposed export and rationale for
approving such export, including the consistency of such
export with United States missile nonproliferation policy.''.
(c) Licensing.--Section 71 of the Arms Export Control Act
is amended by inserting after subsection (c) the following
new subsection:
``(d) Exports to Space Launch Vehicle Programs.--Within 15
days after the issuance of a license for the export of items
valued at less than $14,000,000 that are controlled under
this Act pursuant to United States obligations under the
Missile Technology Control Regime and intended to support the
design, development, or production of a space launch vehicle
system listed in Category I of the MTCR Annex, the Secretary
shall transmit to the Congress a report describing the
licensed export and rationale for approving such export,
including the consistency of such export with United States
missile nonproliferation policy. The requirement contained in
the preceding sentence shall not apply to licenses for
exports
to countries that were Members of the MTCR as of April 17,
1987.
(d) Notification of Admittance on MTCR Adherents.--The Arms
Export Control Act is amended by inserting after section 73
the following new section:
``SEC. 73A. NOTIFICATION OF ADMITTANCE OF MTCR ADHERENTS.
``Following any action by the United States that results in
a country becoming a MTCR adherent, the President shall
transmit promptly to the Congress a report which describes
the rationale for such action, together with an assessment of
that country's nonproliferation policies, practices, and
commitments. Such report shall also include the text of any
agreements or understandings between the United States and
such country regarding the terms and conditions of the
country's adherence to the MTCR.''.
SEC. 737. CONTROL OF REEXPORTS TO TERRORIST COUNTRIES.
Section 6(j) of the Export Administration Act of 1979 (50
U.S.C. App. 2405(j)) is amended by adding at the end the
following new paragraph:
``(5) The Secretary and the Secretary of State shall
include in the notification required by paragraph (2)--
``(A) a detailed description of the goods or services to be
offered, including a brief description of the capabilities of
any article for which a license to export is sought;
``(B) the reasons why the foreign country or international
organization to which the export or transfer is proposed to
be made needs the goods or services which are the subject of
such export or transfer and a description of the manner in
which such country or organization intends to use such
articles, services, or design and construction services;
``(C) the reasons why the proposed export or transfer is in
the national interest of the United States;
``(D) an analysis of the impact of the proposed export or
transfer on the military capabilities of the foreign country
or international organization to which such export or
transfer would be made;
``(E) an analysis of the manner in which the proposed
export would affect the relative military strengths of
countries in the region to which the goods or services which
are the subject of such export would be delivered and whether
other countries in the region have comparable kinds and
amounts of articles, services, or design and construction
services; and
``(F) an analysis of the impact of the proposed export or
transfer on the United States relations with the countries in
the region to which the goods or services which are the
subject of such export would be delivered.''.
TITLE VIII--NUCLEAR PROLIFERATION PREVENTION ACT
SEC. 801. SHORT TITLE.
This title may be cited as the ``Nuclear Proliferation
Prevention Act of 1994''.
PART A--REPORTING ON NUCLEAR EXPORTS
SEC. 811. REPORTS TO CONGRESS.
Section 601(a) of the Nuclear Non-Proliferation Act of 1978
(22 U.S.C. 3281(a)) is amended--
(1) in paragraph (4), by striking ``and'' after the
semicolon;
(2) in paragraph (5), by striking the period and inserting
a semicolon; and
(3) by adding after paragraph (5) the following:
``(6) a description of the implementation of nuclear and
nuclear-related dual-use export controls in the preceding
calendar year, including a summary by type of commodity and
destination of--
``(A) all transactions for which--
``(i) an export license was issued for any good controlled
under section 309(c) of this Act;
``(ii) an export license was issued under section 109 b. of
the 1954 Act;
``(iii) approvals were issued under the Export
Administration Act of 1979, or section 109 b.(3) of the 1954
Act, for the retransfer of any item, technical data,
component, or substance; or
``(iv) authorizations were made as required by section 57
b.(2) of the 1954 Act to engage, directly or indirectly, in
the production of special nuclear material;
``(B) each instance in which--
``(i) a sanction has been imposed under section 821(a) or
section 824 of the Nuclear Proliferation Prevention Act of
1994 or section 102(b)(1) of the Arms Export Control Act;
``(ii) sales or leases have been denied under section 3(f)
of the Arms Export Control Act or transactions prohibited by
reason of acts relating to proliferation of nuclear explosive
devices as described in section 40(d) of that Act;
``(iii) a sanction has not been imposed by reason of
section 821(c)(2) of the Nuclear Proliferation Prevention Act
of 1994 or the imposition of a sanction has been delayed
under section 102(b)(4) of the Arms Export Control Act; or
``(iv) a waiver of a sanction has been made under--
``(I) section 821(f) or section 824 of the Nuclear
Proliferation Prevention Act of 1994,
``(II) section 620E(d) of the Foreign Assistance Act of
1961, or paragraph (5) or (6)(B) of section 102(b) of the
Arms Export Control Act,
``(III) section 40(g) of the Arms Export Control Act with
respect to the last sentence of section 40(d) of that Act, or
``(IV) section 614 of the Foreign Assistance Act of 1961
with respect to section 620E of that Act or section 3(f), the
last sentence of section 40(d), or 102(b)(1) of the Arms
Export Control Act; and
``(C) the progress of those independent states of the
former Soviet Union that are non-nuclear-weapon states and of
the Baltic states towards achieving the objective of applying
full scope safeguards to all their peaceful nuclear
activities.
Portions of the information required by paragraph (6) may be
submitted in classified form, as necessary. Any such
information that may not be published or disclosed under
section 12(c)(1) of the Export Administration Act of 1979
shall be submitted as confidential.''.
PART B--SANCTIONS FOR NUCLEAR PROLIFERATION
SEC. 821. IMPOSITION OF PROCUREMENT SANCTION ON PERSONS
ENGAGING IN EXPORT ACTIVITIES THAT CONTRIBUTE
TO PROLIFERATION.
(a) Determination by the President.--
(1) In general.--Except as provided in subsection (b)(2),
the President shall impose the sanction described in
subsection (c) if the President determines in writing that,
on or after the effective date of this part, a foreign person
or a United States person has materially and with requisite
knowledge contributed, through the export from the United
States or any other country of any goods or technology (as
defined in section 830(2)), to the efforts by any individual,
group, or non-nuclear-weapon state to acquire unsafeguarded
special nuclear material or to use, develop, produce,
stockpile, or otherwise acquire any nuclear explosive device.
(2) Persons against which the sanction is to be imposed.--
The sanction shall be imposed pursuant to paragraph (1) on--
(A) the foreign person or United States person with respect
to which the President makes the determination described in
that paragraph;
[[Page 762]]
(B) any successor entity to that foreign person or United
States person;
(C) any foreign person or United States person that is a
parent or subsidiary of that person if that parent or
subsidiary materially and with requisite knowledge assisted
in the activities which were the basis of that determination;
and
(D) any foreign person or United States person that is an
affiliate of that person if that affiliate materially and
with requisite knowledge assisted in the activities which
were the basis of that determination and if that affiliate is
controlled in fact by that person.
(3) Other sanctions available.--The sanction which is
required to be imposed for activities described in this
subsection is in addition to any other sanction which may be
imposed for the same activities under any other provision of
law.
(4) Definition.--For purposes of this subsection, the term
``requisite knowledge'' means situations in which a person
``knows'', as ``knowing'' is defined in section 104 of the
Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2).
(b) Consultation With and Actions by Foreign Government of
Jurisdiction.--
(1) Consultations.--If the President makes a determination
described in subsection (a)(1) with respect to a foreign
person, the Congress urges the President to initiate
consultations immediately with the government with primary
jurisdiction over that foreign person with respect to the
imposition of the sanction pursuant to this section.
(2) Actions by government of jurisdiction.--In order to
pursue such consultations with that government, the President
may delay imposition of the sanction pursuant to this section
for up to 90 days. Following these consultations, the
President shall impose the sanction unless the President
determines and certifies in writing to the Congress that that
government has taken specific and effective actions,
including appropriate penalties, to terminate the involvement
of the foreign person in the activities described in
subsection (a)(1). The President may delay the imposition of
the sanction for up to an additional 90 days if the President
determines and certifies in writing to the Congress that that
government is in the process of taking the actions described
in the preceding sentence.
(3) Report to congress.--Not later than 90 days after
making a determination under subsection (a)(1), the President
shall submit to the Committee on Foreign Relations and the
Committee on Governmental Affairs of the Senate and the
Committee on Foreign Affairs of the House of Representatives
a report on the status of consultations with the appropriate
government under this subsection, and the basis for any
determination under paragraph (2) of this subsection that
such government has taken specific corrective actions.
(c) Sanction.--
(1) Description of sanction.--The sanction to be imposed
pursuant to subsection (a)(1) is, except as provided in
paragraph (2) of this subsection, that the United States
Government shall not procure, or enter into any contract for
the procurement of, any goods or services from any person
described in subsection (a)(2).
(2) Exceptions.--The President shall not be required to
apply or maintain the sanction under this section--
(A) in the case of procurement of defense articles or
defense services--
(i) under existing contracts or subcontracts, including the
exercise of options for production quantities to satisfy
requirements essential to the national security of the United
States;
(ii) if the President determines in writing that the person
or other entity to which the sanction would otherwise be
applied is a sole source supplier of the defense articles or
services, that the defense articles or services are
essential, and that alternative sources are not readily or
reasonably available; or
(iii) if the President determines in writing that such
articles or services are essential to the national security
under defense coproduction agreements;
(B) to products or services provided under contracts
entered into before the date on which the President publishes
his intention to impose the sanction;
(C) to--
(i) spare parts which are essential to United States
products or production;
(ii) component parts, but not finished products, essential
to United States products or production; or
(iii) routine servicing and maintenance of products, to the
extent that alternative sources are not readily or reasonably
available;
(D) to information and technology essential to United
States products or production; or
(E) to medical or other humanitarian items.
(d) Advisory Opinions.--Upon the request of any person, the
Secretary of State may, in consultation with the Secretary of
Defense, issue in writing an advisory opinion to that person
as to whether a proposed activity by that person would
subject that person to the sanction under this section. Any
person who relies in good faith on such an advisory opinion
which states that the proposed activity would not subject a
person to such sanction, and any person who thereafter
engages in such activity, may not be made subject to such
sanction on account of such activity.
(e) Termination of the Sanction.--The sanction imposed
pursuant to this section shall apply for a period of at least
12 months following the imposition of the sanction and shall
cease to apply thereafter only if the President determines
and certifies in writing to the Congress that--
(1) reliable information indicates that the foreign person
or United States person with respect to which the
determination was made under subsection (a)(1) has ceased to
aid or abet any individual, group, or non-nuclear-weapon
state in its efforts to acquire unsafeguarded special nuclear
material or any nuclear explosive device, as described in
that subsection; and
(2) the President has received reliable assurances from the
foreign person or United States person, as the case may be,
that such person will not, in the future, aid or abet any
individual, group, or non-nuclear-weapon state in its efforts
to acquire unsafeguarded special nuclear material or any
nuclear explosive device, as described in subsection (a)(1).
(f) Waiver.--
(1) Criterion for waiver.--The President may waive the
application of the sanction imposed on any person pursuant to
this section, after the end of the 12-month period beginning
on the date on which that sanction was imposed on that
person, if the President determines and certifies in writing
to the Congress that the continued imposition of the sanction
would have a serious adverse effect on vital United States
interests.
(2) Notification of and report to congress.--If the
President decides to exercise the waiver authority provided
in paragraph (1), the President shall so notify the Congress
not less than 20 days before the waiver takes effect. Such
notification shall include a report fully articulating the
rationale and circumstances which led the President to
exercise the waiver authority.
SEC. 822. ELIGIBILITY FOR ASSISTANCE.
(a) Amendments to the Arms Export Control Act.--
(1) Prohibition.--Section 3 of the Arms Export Control Act
(22 U.S.C. 2753) is amended by adding at the end the
following new subsection:
``(f) No sales or leases shall be made to any country that
the President has determined is in material breach of its
binding commitments to the United States under international
treaties or agreements concerning the nonproliferation of
nuclear explosive devices (as defined in section 830(4) of
the Nuclear Proliferation Prevention Act of 1994) and
unsafeguarded special nuclear material (as defined in section
830(8) of that Act).''.
(2) Definition of support for international terrorism.--
Section 40 of such Act (22 U.S.C. 2780) is amended--
(A) in subsection (d), by adding at the end the following
new sentence: ``For purposes of this subsection, such acts
shall include all activities that the Secretary determines
willfully aid or abet the international proliferation of
nuclear explosive devices to individuals or groups or
willfully aid or abet an individual or groups in acquiring
unsafeguarded special nuclear material.''; and
(B) in subsection (l)--
(i) in paragraph (2), by striking ``and'' after the
semicolon;
(ii) in paragraph (3), by striking the period at the end
and inserting a semicolon; and
(iii) by adding at the end the following:
``(4) the term `nuclear explosive device' has the meaning
given that term in section 830(4) of the Nuclear
Proliferation Prevention Act of 1994; and
``(5) the term `unsafeguarded special nuclear material' has
the meaning given that term in section 830(8) of the Nuclear
Proliferation Prevention Act of 1994.''.
(b) Foreign Assistance Act of 1961.--
(1) Presidential determination 82-7.--Notwithstanding any
other provision of law, Presidential Determination No. 82-7
of February 10, 1982, made pursuant to section 670(a)(2) of
the Foreign Assistance Act of 1961, shall have no force or
effect with respect to any grounds for the prohibition of
assistance under section 102(a)(1) of the Arms Export Control
Act arising on or after the effective date of this part.
(2) Amendment.--Section 620E(d) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2375(d)) is amended to read as
follows:
``(d) The President may waive the prohibitions of section
101 of the Arms Export Control Act with respect to any
grounds for the prohibition of assistance under that section
arising before the effective date of part B of the Nuclear
Proliferation Prevention Act of 1994 to provide assistance to
Pakistan if he determines that to do so is in the national
interest of the United States.''.
SEC. 823. ROLE OF INTERNATIONAL FINANCIAL INSTITUTIONS.
(a) In General.--The Secretary of the Treasury shall
instruct the United States executive director to each of the
international financial institutions described in section
701(a) of the International Financial Institutions Act (22
U.S.C. 262d(a)) to use the voice and vote of the United
States to oppose any use of the institution's funds to
promote the acquisition of unsafeguarded special nuclear
material or the development, stockpiling, or use of any
nuclear explosive device by any non-nuclear-weapon state.
(b) Duties of United States Executive Directors.--Section
701(b)(3) of the International Financial Institutions Act (22
U.S.C. 262d(b)(3)) is amended to read as follows:
``(3) whether the recipient country--
``(A) is seeking to acquire unsafeguarded special nuclear
material (as defined in sec-
[[Page 763]]
tion 830(8) of the Nuclear Proliferation Prevention Act of
1994) or a nuclear explosive device (as defined in section
830(4) of that Act);
``(B) is not a State Party to the Treaty on the Non-
Proliferation of Nuclear Weapons; or
``(C) has detonated a nuclear explosive device; and''.
SEC. 824. PROHIBITION ON ASSISTING NUCLEAR PROLIFERATION
THROUGH THE PROVISION OF FINANCING.
(a) Prohibited Activity Defined.--For purposes of this
section, the term ``prohibited activity'' means the act of
knowingly, materially, and directly contributing or
attempting to contribute, through the provision of financing,
to--
(1) the acquisition of unsafeguarded special nuclear
material; or
(2) the use, development, production, stockpiling, or other
acquisition of any nuclear explosive device,
by any individual, group, or non-nuclear-weapon state.
(b) Prohibition.--To the extent that the United States has
jurisdiction to prohibit such activity by such person, no
United States person and no foreign person may engage in any
prohibited activity.
(c) Presidential Determination and Order With Respect to
United States and Foreign Persons.--If the President
determines, in writing after opportunity for a hearing on the
record, that a United States person or a foreign person has
engaged in a prohibited activity (without regard to whether
subsection (b) applies), the President shall, by order,
impose the sanctions described in subsection (d) on such
person.
(d) Sanctions.--The following sanctions shall be imposed
pursuant to any order issued under subsection (c) with
respect to any United States person or any foreign person:
(1) Ban on dealings in government finance.--
(A) Designation as primary dealer.--Neither the Board of
Governors of the Federal Reserve System nor the Federal
Reserve Bank of New York may designate, or permit the
continuation of any prior designation of, the person as a
primary dealer in United States Government debt instruments.
(B) Service as depositary.--The person may not serve as a
depositary for United States Government funds.
(2) Restrictions on operations.--The person may not,
directly or indirectly--
(A) commence any line of business in the United States in
which the person was not engaged as of the date of the order;
or
(B) conduct business from any location in the United States
at which the person did not conduct business as of the date
of the order.
(e) Judicial Review.--Any determination of the President
under subsection (c) shall be subject to judicial review in
accordance with chapter 7 of part I of title 5, United States
Code.
(f) Consultation With and Actions by Foreign Government of
Jurisdiction.--
(1) Consultations.--If the President makes a determination
under subsection (c) with respect to a foreign person, the
Congress urges the President to initiate consultations
immediately with any appropriate foreign government with
respect to the imposition of any sanction pursuant to this
section.
(2) Actions by government of jurisdiction.--
(A) Suspension of period for imposing sanctions.--In order
to pursue consultations described in paragraph (1) with any
government referred to in such paragraph, the President may
delay, for up to 90 days, the effective date of an order
under subsection (c) imposing any sanction.
(B) Coordination with activities of foreign government.--
Following consultations described in paragraph (1), the order
issued by the President under subsection (c) imposing any
sanction on a foreign person shall take effect unless the
President determines, and certifies in writing to the
Congress, that the government referred to in paragraph (1)
has taken specific and effective actions, including the
imposition of appropriate penalties, to terminate the
involvement of the foreign person in any prohibited activity.
(C) Extension of period.--After the end of the period
described in subparagraph (A), the President may delay, for
up to an additional 90 days, the effective date of an order
issued under (b) imposing any sanction on a foreign person if
the President determines, and certifies in writing to the
Congress, that the appropriate foreign government is in the
process of taking actions described in subparagraph (B).
(3) Report to congress.--Before the end of the 90-day
period beginning on the date on which an order is issued
under subsection (c), the President shall submit to the
Congress a report on--
(A) the status of consultations under this subsection with
the government referred to in paragraph (1); and
(B) the basis for any determination under paragraph (2)
that such government has taken specific corrective actions.
(g) Termination of the Sanctions.--Any sanction imposed on
any person pursuant to an order issued under subsection (c)
shall--
(1) remain in effect for a period of not less than 12
months; and
(2) cease to apply after the end of such 12-month period
only if the President determines, and certifies in writing to
the Congress, that--
(A) the person has ceased to engage in any prohibited
activity; and
(B) the President has received reliable assurances from
such person that the person will not, in the future, engage
in any prohibited activity.
(h) Waiver.--The President may waive the continued
application of any sanction imposed on any person pursuant to
an order issued under subsection (c) if the President
determines, and certifies in writing to the Congress, that
the continued imposition of the sanction would have a serious
adverse effect on the safety and soundness of the domestic or
international financial system or on domestic or
international payments systems.
(i) Enforcement Action.--The Attorney General may bring an
action in an appropriate district court of the United States
for injunctive and other appropriate relief with respect to--
(1) any violation of subsection (b); or
(2) any order issued pursuant to subsection (c).
(j) Knowingly Defined.--
(1) In general.--For purposes of this section, the term
``knowingly'' means the state of mind of a person with
respect to conduct, a circumstance, or a result in which--
(A) such person is aware that such person is engaging in
such conduct, that such circumstance exists, or that such
result is substantially certain to occur; or
(B) such person has a firm belief that such circumstance
exists or that such result is substantially certain to occur.
(2) Knowledge of the existence of a particular
circumstance.--If knowledge of the existence of a particular
circumstance is required for an offense, such knowledge is
established if a person is aware of a high probability of the
existence of such circumstance, unless the person actually
believes that such circumstance does not exist.
(k) Scope of Application.--This section shall apply with
respect to prohibited activities which occur on or after the
date this part takes effect.
SEC. 825. EXPORT-IMPORT BANK.
Section 2(b)(4) of the Export-Import Bank Act of 1945 (12
U.S.C. 635(b)(4)) is amended in the first sentence by
inserting after ``device'' the following: ``(as defined in
section 830(4) of the Nuclear Proliferation Prevention Act of
1994), or that any country has willfully aided or abetted any
non-nuclear-weapon state (as defined in section 830(5) of
that Act) to acquire any such nuclear explosive device or to
acquire unsafeguarded special nuclear material (as defined in
section 830(8) of that Act).''.
SEC. 826. AMENDMENT TO THE ARMS EXPORT CONTROL ACT.
(a) In General.--The Arms Export Control Act is amended by
adding at the end the following new chapter:
``CHAPTER 10--NUCLEAR NONPROLIFERATION CONTROLS
``SEC. 101. NUCLEAR ENRICHMENT TRANSFERS.
``(a) Prohibitions; Safeguards and Management.--Except as
provided in subsection (b) of this section, no funds made
available to carry out the Foreign Assistance Act of 1961 or
this Act may be used for the purpose of providing economic
assistance (including assistance under chapter 4 of part II
of the Foreign Assistance Act of 1961), providing military
assistance or grant military education and training,
providing assistance under chapter 6 of part II of that Act,
or extending military credits or making guarantees, to any
country which the President determines delivers nuclear
enrichment equipment, materials, or technology to any other
country on or after August 4, 1977, or receives such
equipment, materials, or technology from any other country on
or after August 4, 1977, unless before such delivery--
``(1) the supplying country and receiving country have
reached agreement to place all such equipment, materials, or
technology, upon delivery, under multilateral auspices and
management when available; and
``(2) the recipient country has entered into an agreement
with the International Atomic Energy Agency to place all such
equipment, materials, technology, and all nuclear fuel and
facilities in such country under the safeguards system of
such Agency.
``(b) Certification by President of Necessity of Continued
Assistance; Disapproval by Congress.--(1) Notwithstanding
subsection (a) of this section, the President may furnish
assistance which would otherwise be prohibited under such
subsection if he determines and certifies in writing to the
Speaker of the House of Representatives and the Committee on
Foreign Relations of the Senate that--
``(A) the termination of such assistance would have a
serious adverse effect on vital United States interests; and
``(B) he has received reliable assurances that the country
in question will not acquire or develop nuclear weapons or
assist other nations in doing so.
Such certification shall set forth the reasons supporting
such determination in each particular case.
``(2)(A) A certification under paragraph (1) of this
subsection shall take effect on the date on which the
certification is received by the Congress. However, if,
within thirty calendar days after receiving this
certification, the Congress enacts a joint resolution stating
in substance that the Congress disapproves the furnishing of
assistance pursuant to the certification, then upon the
enactment of that resolution the certification shall cease to
be effective and all deliveries of assistance furnished under
the authority of that certification shall be suspended
immediately.
[[Page 764]]
``(B) Any joint resolution under this paragraph shall be
considered in the Senate in accordance with the provisions of
section 601(b) of the International Security Assistance and
Arms Export Control Act of 1976.
``SEC. 102. NUCLEAR REPROCESSING TRANSFERS, ILLEGAL EXPORTS
FOR NUCLEAR EXPLOSIVE DEVICES, TRANSFERS OF
NUCLEAR EXPLOSIVE DEVICES, AND NUCLEAR
DETONATIONS.
``(a) Prohibitions on Assistance to Countries Involved in
Transfer of Nuclear Reprocessing Equipment, Materials, or
Technology; Exceptions; Procedures Applicable.--(1) Except as
provided in paragraph (2) of this subsection, no funds made
available to carry out the Foreign Assistance Act of 1961 or
this Act may be used for the purpose of providing economic
assistance (including assistance under chapter 4 of part II
of the Foreign Assistance Act of 1961), providing military
assistance or grant military education and training,
providing assistance under chapter 6 of part II of that Act,
or extending military credits or making guarantees, to any
country which the President determines--
``(A) delivers nuclear reprocessing equipment, materials,
or technology to any other country on or after August 4,
1977, or receives such equipment, materials, or technology
from any other country on or after August 4, 1977 (except for
the transfer of reprocessing technology associated with the
investigation, under international evaluation programs in
which the United States participates, of technologies which
are alternatives to pure plutonium reprocessing), or
``(B) is a non-nuclear-weapon state which, on or after
August 8, 1985, exports illegally (or attempts to export
illegally) from the United States any material, equipment, or
technology which would contribute significantly to the
ability of such country to manufacture a nuclear explosive
device, if the President determines that the material,
equipment, or technology was to be used by such country in
the manufacture of a nuclear explosive device.
For purposes of clause (B), an export (or attempted export)
by a person who is an agent of, or is otherwise acting on
behalf of or in the interests of, a country shall be
considered to be an export (or attempted export) by that
country.
``(2) Notwithstanding paragraph (1) of this subsection, the
President in any fiscal year may furnish assistance which
would otherwise be prohibited under that paragraph if he
determines and certifies in writing during that fiscal year
to the Speaker of the House of Representatives and the
Committee on Foreign Relations of the Senate that the
termination of such assistance would be seriously prejudicial
to the achievement of United States nonproliferation
objectives or otherwise jeopardize the common defense and
security. The President shall transmit with such
certification a statement setting forth the specific reasons
therefor.
``(3)(A) A certification under paragraph (2) of this
subsection shall take effect on the date on which the
certification is received by the Congress. However, if,
within 30 calendar days after receiving this certification,
the Congress enacts a joint resolution stating in substance
that the Congress disapproves the furnishing of assistance
pursuant to the certification, then upon the enactment of
that resolution the certification shall cease to be effective
and all deliveries of assistance furnished under the
authority of that certification shall be suspended
immediately.
``(B) Any joint resolution under this paragraph shall be
considered in the Senate in accordance with the provisions of
section 601(b) of the International Security Assistance and
Arms Export Control Act of 1976.
``(b) Prohibitions on Assistance to Countries Involved in
Transfer or Use of Nuclear Explosive Devices; Exceptions;
Procedures Applicable.--(1) Except as provided in paragraphs
(4), (5), and (6), in the event that the President determines
that any country, after the effective date of part B of the
Nuclear Proliferation Prevention Act of 1994--
``(A) transfers to a non-nuclear-weapon state a nuclear
explosive device,
``(B) is a non-nuclear-weapon state and either--
``(i) receives a nuclear explosive device, or
``(ii) detonates a nuclear explosive device,
``(C) transfers to a non-nuclear-weapon state any design
information or component which is determined by the President
to be important to, and known by the transferring country to
be intended by the recipient state for use in, the
development or manufacture of any nuclear explosive device,
or
``(D) is a non-nuclear-weapon state and seeks and receives
any design information or component which is determined by
the President to be important to, and intended by the
recipient state for use in, the development or manufacture of
any nuclear explosive device,
then the President shall forthwith report in writing his
determination to the Congress and shall forthwith impose the
sanctions described in paragraph (2) against that country.
``(2) The sanctions referred to in paragraph (1) are as
follows:
``(A) The United States Government shall terminate
assistance to that country under the Foreign Assistance Act
of 1961, except for humanitarian assistance or food or other
agricultural commodities.
``(B) The United States Government shall terminate--
``(i) sales to that country under this Act of any defense
articles, defense services, or design and construction
services, and
``(ii) licenses for the export to that country of any item
on the United States Munitions List.
``(C) The United States Government shall terminate all
foreign military financing for that country under this Act.
``(D) The United States Government shall deny to that
country any credit, credit guarantees, or other financial
assistance by any department, agency, or instrumentality of
the United States Government, except that the sanction of
this subparagraph shall not apply--
``(i) to any transaction subject to the reporting
requirements of title V of the National Security Act of 1947
(relating to congressional oversight of intelligence
activities), or
``(ii) to humanitarian assistance.
``(E) The United States Government shall oppose, in
accordance with section 701 of the International Financial
Institutions Act (22 U.S.C. 262d), the extension of any loan
or financial or technical assistance to that country by any
international financial institution.
``(F) The United States Government shall prohibit any
United States bank from making any loan or providing any
credit to the government of that country, except for loans or
credits for the purpose of purchasing food or other
agricultural commodities.
``(G) The authorities of section 6 of the Export
Administration Act of 1979 shall be used to prohibit exports
to that country of specific goods and technology (excluding
food and other agricultural commodities), except that such
prohibition shall not apply to any transaction subject to the
reporting requirements of title V of the National Security
Act of 1947 (relating to congressional oversight of
intelligence activities).
``(3) As used in this subsection--
``(A) the term `design information' means specific
information that relates to the design of a nuclear explosive
device and that is not available to the public; and
``(B) the term `component' means a specific component of a
nuclear explosive device.
``(4)(A) Notwithstanding paragraph (1) of this subsection,
the President may, for a period of not more than 30 days of
continuous session, delay the imposition of sanctions which
would otherwise be required under paragraph (1)(A) or (1)(B)
of this subsection if the President first transmits to the
Speaker of the House of Representatives, and to the chairman
of the Committee on Foreign Relations of the Senate, a
certification that he has determined that an immediate
imposition of sanctions on that country would be detrimental
to the national security of the United States. Not more than
one such certification may be transmitted for a country with
respect to the same detonation, transfer, or receipt of a
nuclear explosive device.
``(B) If the President transmits a certification to the
Congress under subparagraph (A), a joint resolution which
would permit the President to exercise the waiver authority
of paragraph (5) of this subsection shall, if introduced in
either House within thirty days of continuous session after
the Congress receives this certification, be considered in
the Senate in accordance with subparagraph (C) of this
paragraph.
``(C) Any joint resolution under this paragraph shall be
considered in the Senate in accordance with the provisions of
section 601(b) of the International Security Assistance and
Arms Export Control Act of 1976.
``(D) For purposes of this paragraph, the term ``joint
resolution'' means a joint resolution the matter after the
resolving clause of which is as follows: ``That the Congress
having received on ____ a certification by the President
under section 102(b)(4) of the Arms Export Control Act with
respect to ____, the Congress hereby authorizes the President
to exercise the waiver authority contained in section
102(b)(5) of that Act.'', with the date of receipt of the
certification inserted in the first blank and the name of the
country inserted in the second blank.
``(5) Notwithstanding paragraph (1) of this subsection, if
the Congress enacts a joint resolution under paragraph (4) of
this subsection, the President may waive any sanction which
would otherwise be required under paragraph (1)(A) or (1)(B)
if he determines and certifies in writing to the Speaker of
the House of Representatives and the Committee on Foreign
Relations of the Senate that the imposition of such sanction
would be seriously prejudicial to the achievement of United
States nonproliferation objectives or otherwise jeopardize
the common defense and security. The President shall transmit
with such certification a statement setting forth the
specific reasons therefor.
``(6)(A) In the event the President is required to impose
sanctions against a country under paragraph (1)(C) or (1)(D),
the President shall forthwith so inform such country and
shall impose the required sanctions beginning 30 days after
submitting to the Congress the report required by paragraph
(1) unless, and to the extent that, there is enacted during
the 30-day period a law prohibiting the imposition of such
sanctions.
``(B) Notwithstanding any other provision of law, the
sanctions which are required to be imposed against a country
under paragraph (1)(C) or (1)(D) shall not apply if the
President determines and certifies in writing to the
Committee on Foreign Relations and the Committee on
Governmental Affairs of the Senate and the Committee on
Foreign Affairs of the House of Representatives that the
application of such sanctions against such country would have
a serious adverse
[[Page 765]]
effect on vital United States interests. The President shall
transmit with such certification a statement setting forth
the specific reasons therefor.
``(7) For purposes of this subsection, continuity of
session is broken only by an adjournment of Congress sine die
and the days on which either House is not in session because
of an adjournment of more than three days to a day certain
are excluded in the computation of any period of time in
which Congress is in continuous session.
``(8) The President may not delegate or transfer his power,
authority, or discretion to make or modify determinations
under this subsection.
``(c) Non-Nuclear-Weapon State Defined.--As used in this
section, the term `non-nuclear-weapon state' means any
country which is not a nuclear-weapon state, as defined in
Article IX(3) of the Treaty on the Non-Proliferation of
Nuclear Weapons.
``SEC. 103. DEFINITION OF NUCLEAR EXPLOSIVE DEVICE.
``As used in this chapter, the term `nuclear explosive
device' has the meaning given that term in section 830(4) of
the Nuclear Proliferation Prevention Act of 1994.''.
(b) Repeals.--Sections 669 and 670 of the Foreign
Assistance Act of 1961 are hereby repealed.
(c) References in Law.--Any reference in law as of the date
of enactment of this Act to section 669 or 670 of the Foreign
Assistance Act of 1961 shall, after such date, be deemed to
be a reference to section 101 or 102, as the case may be, of
the Arms Export Control Act.
SEC. 827. REWARD.
Section 36(a) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2708(a)) is amended--
(1) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(2) by inserting ``(1)'' after ``(a)''; and
(3) by adding at the end the following:
``(2) For purposes of this subsection, the term `act of
international terrorism' includes any act substantially
contributing to the acquisition of unsafeguarded special
nuclear material (as defined in section 830(8) of the Nuclear
Proliferation Prevention Act of 1994) or any nuclear
explosive device (as defined in section 830(4) of that Act)
by an individual, group, or non-nuclear-weapon state (as
defined in section 830(5) of that Act).''.
SEC. 828. REPORTS.
(a) Content of ACDA Annual Report.--Section 51(a) of the
Arms Control and Disarmament Act, as inserted by this Act, is
amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting ``; and'';
(3) by adding after paragraph (6) the following new
paragraph:
``(7) a discussion of any material noncompliance by foreign
governments with their binding commitments to the United
States with respect to the prevention of the spread of
nuclear explosive devices (as defined in section 830(4) of
the Nuclear Proliferation Prevention Act of 1994) by non-
nuclear-weapon states (as defined in section 830(5) of that
Act) or the acquisition by such states of unsafeguarded
special nuclear material (as defined in section 830(8) of
that Act), including--
``(A) a net assessment of the aggregate military
significance of all such violations;
``(B) a statement of the compliance policy of the United
States with respect to violations of those commitments; and
``(C) what actions, if any, the President has taken or
proposes to take to bring any nation committing such a
violation into compliance with those commitments.''; and
(4) by adding at the end the following new subsection:
``(c) Reporting Consecutive Noncompliance.--If the
President in consecutive reports submitted to the Congress
under this section reports that any designated nation is not
in full compliance with its binding nonproliferation
commitments to the United States, then the President shall
include in the second such report an assessment of what
actions are necessary to compensate for such violations.''.
(b) Reporting on Demarches.--(1) It is the sense of the
Congress that the Department of State should, in the course
of implementing its reporting responsibilities under section
602(c) of the Nuclear Non-Proliferation Act of 1978, include
a summary of demarches that the United States has issued or
received from foreign governments with respect to activities
which are of significance from the proliferation standpoint.
(2) For purposes of this section, the term ``demarche''
means any official communication by one government to
another, by written or oral means, intended by the
originating government to express--
(A) a concern over a past, present, or possible future
action or activity of the recipient government, or of a
person within the jurisdiction of that government,
contributing to the global spread of unsafeguarded special
nuclear material or of nuclear explosive devices;
(B) a request for the recipient government to counter such
action or activity; or
(C) both the concern and request described in subparagraphs
(A) and (B).
SEC. 829. TECHNICAL CORRECTION.
Section 133 b. of the Atomic Energy Act of 1954 (42 U.S.C.
2160c) is amended by striking ``20 kilograms'' and inserting
``5 kilograms''.
SEC. 830. DEFINITIONS.
For purposes of this part--
(1) the term ``foreign person'' means--
(A) an individual who is not a citizen of the United States
or an alien admitted for permanent residence to the United
States; or
(B) a corporation, partnership, or other nongovernment
entity which is created or organized under the laws of a
foreign country or which has its principal place of business
outside the United States;
(2) the term ``goods or technology'' means--
(A) nuclear materials and equipment and sensitive nuclear
technology (as such terms are defined in section 4 of the
Nuclear Non-Proliferation Act of 1978), all export items
designated by the President pursuant to section 309(c) of the
Nuclear Non-Proliferation Act of 1978, and all technical
assistance requiring authorization under section 57 b. of the
Atomic Energy Act of 1954, and
(B) in the case of exports from a country other than the
United States, any goods or technology that, if exported from
the United States, would be goods or technology described in
subparagraph (A);
(3) the term ``IAEA safeguards'' means the safeguards set
forth in an agreement between a country and the International
Atomic Energy Agency, as authorized by Article III(A)(5) of
the Statute of the International Atomic Energy Agency;
(4) the term ``nuclear explosive device'' means any device,
whether assembled or disassembled, that is designed to
produce an instantaneous release of an amount of nuclear
energy from special nuclear material that is greater than the
amount of energy that would be released from the detonation
of one pound of trinitrotoluene (TNT);
(5) the term ``non-nuclear-weapon state'' means any country
which is not a nuclear-weapon state, as defined by Article IX
(3) of the Treaty on the Non-Proliferation of Nuclear
Weapons, signed at Washington, London, and Moscow on July 1,
1968;
(6) the term ``special nuclear material'' has the meaning
given that term in section 11 aa. of the Atomic Energy Act of
1954 (42 U.S.C. 2014aa);
(7) the term ``United States person'' means--
(A) an individual who is a citizen of the United States or
an alien admitted for permanent residence to the United
States; or
(B) a corporation, partnership, or other nongovernment
entity which is not a foreign person; and
(8) the term ``unsafeguarded special nuclear material''
means special nuclear material which is held in violation of
IAEA safeguards or not subject to IAEA safeguards (excluding
any quantity of material that could, if it were exported from
the United States, be exported under a general license issued
by the Nuclear Regulatory Commission).
SEC. 831. EFFECTIVE DATE.
The provisions of this part, and the amendments made by
this part, shall take effect 60 days after the date of the
enactment of this Act.
PART C--INTERNATIONAL ATOMIC ENERGY AGENCY
SEC. 841. BILATERAL AND MULTILATERAL INITIATIVES.
It is the sense of the Congress that in order to maintain
and enhance international confidence in the effectiveness of
IAEA safeguards and in other multilateral undertakings to
halt the global proliferation of nuclear weapons, the United
States should seek to negotiate with other nations and groups
of nations, including the IAEA Board of Governors and the
Nuclear Suppliers Group, to--
(1) build international support for the principle that
nuclear supply relationships must require purchasing nations
to agree to full-scope international safeguards;
(2) encourage each nuclear-weapon state within the meaning
of the Treaty to undertake a comprehensive review of its own
procedures for declassifying information relating to the
design or production of nuclear explosive devices and to
investigate any measures that would reduce the risk of such
information contributing to nuclear weapons proliferation;
(3) encourage the deferral of efforts to produce weapons-
grade nuclear material for large-scale commercial uses until
such time as safeguards are developed that can detect, on a
timely and reliable basis, the diversion of significant
quantities of such material for nuclear explosive purposes;
(4) pursue greater financial support for the implementation
and improvement of safeguards from all IAEA member nations
with significant nuclear programs, particularly from those
nations that are currently using or planning to use weapons-
grade nuclear material for commercial purposes;
(5) arrange for the timely payment of annual financial
contributions by all members of the IAEA, including the
United States;
(6) pursue the elimination of international commerce in
highly enriched uranium for use in research reactors while
encouraging multilateral cooperation to develop and to use
low-enriched alternative nuclear fuels;
(7) oppose efforts by non-nuclear-weapon states to develop
or use unsafeguarded nuclear fuels for purposes of naval
propulsion;
(8) pursue an international open skies arrangement that
would authorize the IAEA to operate surveillance aircraft and
would facilitate IAEA access to satellite information for
safeguards verification purposes;
(9) develop an institutional means for IAEA member nations
to share intelligence material with the IAEA on possible
safeguards violations without compromising national security
or intelligence sources or methods;
[[Page 766]]
(10) require any exporter of a sensitive nuclear facility
or sensitive nuclear technology to a non-nuclear-weapon state
to notify the IAEA prior to export and to require safeguards
over that facility or technology, regardless of its
destination; and
(11) seek agreement among the parties to the Treaty to
apply IAEA safeguards in perpetuity and to establish new
limits on the right to withdraw from the Treaty.
SEC. 842. IAEA INTERNAL REFORMS.
In order to promote the early adoption of reforms in the
implementation of the safeguards responsibilities of the
IAEA, the Congress urges the President to negotiate with
other nations and groups of nations, including the IAEA Board
of Governors and the Nuclear Suppliers Group, to--
(1) improve the access of the IAEA within nuclear
facilities that are capable of producing, processing, or
fabricating special nuclear material suitable for use in a
nuclear explosive device;
(2)(A) facilitate the IAEA's efforts to meet and to
maintain its own goals for detecting the diversion of nuclear
materials and equipment, giving particular attention to
facilities in which there are bulk quantities of plutonium;
and
(B) if it is not technically feasible for the IAEA to meet
those detection goals in a particular facility, require the
IAEA to declare publicly that it is unable to do so;
(3) enable the IAEA to issue fines for violations of
safeguards procedures, to pay rewards for information on
possible safeguards violations, and to establish a ``hot
line'' for the reporting of such violations and other illicit
uses of weapons-grade nuclear material;
(4) establish safeguards at facilities engaged in the
manufacture of equipment or material that is especially
designated or prepared for the processing, use, or production
of special fissionable material or, in the case of non-
nuclear-weapon states, of any nuclear explosive device;
(5) establish safeguards over nuclear research and
development activities and facilities;
(6) implement special inspections of undeclared nuclear
facilities, as provided for under existing safeguards
procedures, and seek authority for the IAEA to conduct
challenge inspections on demand at suspected nuclear sites;
(7) expand the scope of safeguards to include tritium,
uranium concentrates, and nuclear waste containing special
fissionable material, and increase the scope of such
safeguards on heavy water;
(8) revise downward the IAEA's official minimum amounts of
nuclear material (``significant quantity'') needed to make a
nuclear explosive device and establish these amounts as
national rather than facility standards;
(9) expand the use of full-time resident IAEA inspectors at
sensitive fuel cycle facilities;
(10) promote the use of near real time material accountancy
in the conduct of safeguards at facilities that use, produce,
or store significant quantities of special fissionable
material;
(11) develop with other IAEA member nations an agreement on
procedures to expedite approvals of visa applications by IAEA
inspectors;
(12) provide the IAEA the additional funds, technical
assistance, and political support necessary to carry out the
goals set forth in this subsection; and
(13) make public the annual safeguards implementation
report of the IAEA, establishing a public registry of
commodities in international nuclear commerce, including
dual-use goods, and creating a public repository of current
nuclear trade control laws, agreements, regulations, and
enforcement and judicial actions by IAEA member nations.
SEC. 843. REPORTING REQUIREMENT.
(a) Report Required.--The President shall, in the report
required by section 601(a) of the Nuclear Non-Proliferation
Act of 1978, describe--
(1) the steps he has taken to implement sections 841 and
842, and
(2) the progress that has been made and the obstacles that
have been encountered in seeking to meet the objectives set
forth in sections 841 and 842.
(b) Contents of Report.--Each report under paragraph (1)
shall describe--
(1) the bilateral and multilateral initiatives that the
President has taken during the period since the enactment of
this Act in pursuit of each of the objectives set forth in
sections 841 and 842;
(2) any obstacles that have been encountered in the pursuit
of those initiatives;
(3) any additional initiatives that have been proposed by
other countries or international organizations to strengthen
the implementation of IAEA safeguards;
(4) all activities of the Federal Government in support of
the objectives set forth in sections 841 and 842;
(5) any recommendations of the President on additional
measures to enhance the effectiveness of IAEA safeguards; and
(6) any initiatives that the President plans to take in
support of each of the objectives set forth in sections 841
and 842.
SEC. 844. DEFINITIONS.
As used in this part--
(1) the term ``highly enriched uranium'' means uranium
enriched to 20 percent or more in the isotope U-235;
(2) the term ``IAEA'' means the International Atomic Energy
Agency;
(3) the term ``near real time material accountancy'' means
a method of accounting for the location, quantity, and
disposition of special fissionable material at facilities
that store or process such material, in which verification of
peaceful use is continuously achieved by means of frequent
physical inventories and the use of in-process
instrumentation;
(4) the term ``special fissionable material'' has the
meaning given that term by Article XX(1) of the Statute of
the International Atomic Energy Agency, done at the
Headquarters of the United Nations on October 26, 1956;
(5) the term ``the Treaty'' means the Treaty on the Non-
Proliferation of Nuclear Weapons, signed at Washington,
London, and Moscow on July 1, 1968; and
(6) the terms ``IAEA safeguards'', ``non-nuclear-weapon
state'', ``nuclear explosive device'', and ``special nuclear
material'' have the meanings given those terms in section 830
of this Act.
PART D--TERMINATION
SEC. 851. TERMINATION UPON ENACTMENT OF NEXT FOREIGN
RELATIONS ACT.
On the date of enactment of the first Foreign Relations
Authorization Act that is enacted after the enactment of this
Act, the provisions of parts A and B of this title shall
cease to be effective, the amendments made by those parts
shall be repealed, and any provision of law repealed by those
parts shall be reenacted.
TITLE IX--COMMISSION ON PROTECTING AND REDUCING GOVERNMENT SECRECY
SEC. 901. SHORT TITLE.
This title may be cited as the ``Protection and Reduction
of Government Secrecy Act''.
SEC. 902. FINDINGS.
The Congress makes the following findings:
(1) During the Cold War an extensive secrecy system
developed which limited public access to information and
reduced the ability of the public to participate with full
knowledge in the process of governmental decision-making.
(2) In 1992 alone 6,349,532 documents were classified and
approximately three million persons held some form of
security clearance.
(3) The burden of managing more than 6 million newly
classified documents every year has led to tremendous
administrative expense, reduced communication within the
government and within the scientific community, reduced
communication between the government and the people of the
United States, and the selective and unauthorized public
disclosure of classified information.
(4) It has been estimated that private businesses spend
more than $14 billion each year implementing government
mandated regulations for protecting classified information.
(5) If a smaller amount of truly sensitive information were
classified the information could be held more securely.
(6) In 1970 a Task Force organized by the Defense Science
Board and headed by Dr. Frederick Seitz concluded that ``more
might be gained than lost if our Nation were to adopt--
unilaterally, if necessary--a policy of complete openness in
all areas of information''.
(7) The procedures for granting security clearances have
themselves become an expensive and inefficient part of the
secrecy system and should be closely examined.
(8) A bipartisan study commission specially constituted for
the purpose of examining the consequences of the secrecy
system will be able to offer comprehensive proposals for
reform.
SEC. 903. PURPOSE.
It is the purpose of this title to establish for a two-year
period a Commission on Protecting and Reducing Government
Secrecy--
(1) to examine the implications of the extensive
classification of information and to make recommendations to
reduce the volume of information classified and thereby to
strengthen the protection of legitimately classified
information; and
(2) to examine and make recommendations concerning current
procedures relating to the granting of security clearances.
SEC. 904. COMPOSITION OF THE COMMISSION.
(a) Establishment.--To carry out the purpose of this title,
there is established a Commission on Protecting and Reducing
Government Secrecy (in this title referred to as the
``Commission'').
(b) Composition.--The Commission shall be composed of
twelve members, as follows:
(1) Four members appointed by the President, of whom two
shall be appointed from the executive branch of the
Government and two shall be appointed from private life.
(2) Two members appointed by the Majority Leader of the
Senate, of whom one shall be a Member of the Senate and one
shall be appointed from private life.
(3) Two members appointed by the Minority Leader of the
Senate, of whom one shall be a Member of the Senate and one
shall be appointed from private life.
(4) Two members appointed by the Speaker of the House of
Representatives, of whom one shall be a Member of the House
and one shall be appointed from private life.
(5) Two members appointed by the Minority Leader of the
House of Representatives, of whom one shall be a Member of
the House and one shall be appointed from private life.
(c) Chairman.--The Commission shall elect a Chairman from
among its members.
(d) Quorum; Vacancies.--After its initial meeting, the
Commission shall meet upon the call of the Chairman or a
majority of its members. Seven members of the Commission
shall constitute a quorum. Any vacancy in the Commission
shall not affect its powers
[[Page 767]]
but shall be filled in the same manner in which the original
appointment was made.
(e) Appointment of Members; Initial Meeting.--(1) It is the
sense of the Congress that members of the Commission should
be appointed not later than 60 days after the date of
enactment of this title.
(2) If after 60 days from the date of enactment of this Act
seven or more members of the Commission have been appointed,
those members who have been appointed may meet and select a
Chairman who thereafter shall have authority to begin the
operations of the Commission, including the hiring of staff.
SEC. 905. FUNCTIONS OF THE COMMISSION.
The functions of the Commission shall be--
(1) to conduct, for a period of 2 years from the date of
its first meeting, an investigation into all matters in any
way related to any legislation, executive order, regulation,
practice, or procedure relating to classified information or
granting security clearances; and
(2) to submit to the Congress a final report containing
such recommendations concerning the classification of
national security information and the granting of security
clearances as the Commission shall determine, including
proposing new procedures, rules, regulations, or legislation.
SEC. 906. POWERS OF THE COMMISSION.
(a) In General.--(1) The Commission or, on the
authorization of the Commission, any subcommittee or member
thereof, may for the purpose of carrying out the provisions
of this title--
(A) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence,
administer such oaths, and
(B) require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books,
records, correspondence, memoranda, papers, and documents,
as the Commission or such designated subcommittee or
designated member may deem advisable.
(2) Subpoenas issued under paragraph (1)(B) may be issued
under the signature of the Chairman of the Commission, the
chairman of any designated subcommittee, or any designated
member, and may be served by any person designated by such
Chairman, subcommittee chairman, or member. The provisions of
sections 102 through 104 of the Revised Statutes of the
United States (2 U.S.C. 192-194) shall apply in the case of
any failure of any witness to comply with any subpoena or to
testify when summoned under authority of this section.
(b) Contracting.--The Commission may, to such extent and in
such amounts as are provided in appropriation Acts, enter
into contracts to enable the Commission to discharge its
duties under this title.
(c) Information from Federal Agencies.--The Commission is
authorized to secure directly from any executive department,
bureau, agency, board, commission, office, independent
establishment, or instrumentality of the Government
information, suggestions, estimates, and statistics for the
purposes of this title. Each such department, bureau, agency,
board, commission, office, establishment, or instrumentality
shall, to the extent authorized by law, furnish such
information, suggestions, estimates, and statistics directly
to the Commission, upon request made by the Chairman.
(d) Assistance From Federal Agencies.--(1) The Secretary of
State is authorized on a reimbursable or non-reimbursable
basis to provide the Commission with administrative services,
funds, facilities, staff, and other support services for the
performance of the Commission's functions.
(2) The Administrator of General Services shall provide to
the Commission on a reimbursable basis such administrative
support services as the Commission may request.
(3) In addition to the assistance set forth in paragraphs
(1) and (2), departments and agencies of the United States
are authorized to provide to the Commission such services,
funds, facilities, staff, and other support services as they
may deem advisable and as may be authorized by law.
(e) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(f) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as departments and agencies of the United States.
SEC. 907. STAFF OF THE COMMISSION.
(a) In General.--The Chairman, in accordance with rules
agreed upon by the Commission, may appoint and fix the
compensation of a staff director and such other personnel as
may be necessary to enable the Commission to carry out its
functions, without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service, and without regard to the provisions of chapter 51
and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that no
rate of pay fixed under this subsection may exceed the
equivalent of that payable to a person occupying a position
at level V of the Executive Schedule under section 5316 of
title 5, United States Code. Any Federal Government employee
may be detailed to the Commission without reimbursement from
the Commission, and such detailee shall retain the rights,
status, and privileges of his or her regular employment
without interruption.
(b) Consultant Services.--The Commission is authorized to
procure the services of experts and consultants in accordance
with section 3109 of title 5, United States Code, but at
rates not to exceed the daily rate paid a person occupying a
position at level IV of the Executive Schedule under section
5315 of title 5, United States Code.
SEC. 908. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--(1) Except as provided in paragraph (2),
each member of the Commission may be compensated at not to
exceed the daily equivalent of the annual rate of basic pay
in effect for a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code,
for each day during which that member is engaged in the
actual performance of the duties of the Commission.
(2) Members of the Commission who are officers or employees
of the United States or Members of Congress shall receive no
additional pay on account of their service on the Commission.
(b) Travel Expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence,
in the same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703(b)
of title 5, United States Code.
SEC. 909. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND
STAFF.
The appropriate executive departments and agencies shall
cooperate with the Commission in expeditiously providing to
the Commission members and staff appropriate security
clearances in a manner consistent with existing procedures
and requirements, except that no person shall be provided
with access to classified information pursuant to this
section who would not otherwise qualify for such security
clearance.
SEC. 910. FINAL REPORT OF COMMISSION; TERMINATION.
(a) Final Report.--Not later than two years after the date
of the first meeting of the Commission, the Commission shall
submit to the Congress its final report, as described in
section 905(2).
(b) Termination.--(1) The Commission, and all the
authorities of this title, shall terminate on the date which
is 60 days after the date on which a final report is required
to be transmitted under subsection (a).
(2) The Commission may use the 60-day period referred to in
paragraph (1) for the purpose of concluding its activities,
including providing testimony to committees of Congress
concerning its final report and disseminating that report.
And the Senate agree to the same.
From the Committee on Foreign Affairs, for consideration of
the House bill (except sections 163, 167, 188, and 190-93),
and the Senate amendment (except titles V, VI, IX-XV and
sections 162-170E, 189, 701-22, 724-28, 730-31, 734-36, 744-
46, 748-61, and 763), and modifications committed to
conference:
Lee H. Hamilton,
Howard L. Berman,
Eni Faleomavaega,
M.G. Martinez,
Robert E. Andrews,
Robert Menendez,
Tom Lantos,
Harry Johnston,
Ben Gilman,
From the Committee on Foreign Affairs, for consideration of
sections 188 and 190-93 of the House bill, and titles V, VI,
IX-XII, and XIII-XIV, sections 163-64, 168-69, 189, 701-22,
724-26, 728, 730-31, 734-36, 744-46, 748-57, 759-61, and 763
of the Senate amendment, and modifications committed to
conference:
Lee H. Hamilton,
Sam Gejdenson,
Tom Lantos,
Robert Torricelli,
Howard L. Berman,
G.L. Ackerman,
Harry Johnston,
Eni Faleomavaega,
Ben Gilman,
Toby Roth,
Doug Bereuter,
From the Committee on Foreign Affairs, for consideration of
title XII, sections 727 and 758 of the Senate amendment, and
modifications committed to conference:
Lee H. Hamilton,
Sam Gejdenson,
Tom Lantos,
Robert Torricelli,
Howard L. Berman,
G.L. Ackerman,
Harry Johnston,
Eni Faleomavaega,
Ben Gilman,
Toby Roth,
Dana Rohrabacher,
From the Committee on Foreign Affairs, for consideration of
sections 163 and 167 of the House bill, and title XV,
sections 162, 165-67, 170A-E, and 190 of the Senate
amendment, and modifications committed to conference:
Lee H. Hamilton,
Sam Gejdenson,
Tom Lantos,
Robert Torricelli,
Howard L. Berman,
G.L. Ackerman,
Harry Johnston,
Eni Faleomavaega,
Ben Gilman,
Bill Goodling,
Doug Bereuter,
As additional conferees from the Committee on Armed Services,
for consideration of sections 170B, 170C(a), 170E(a), 721,
734, 749(b)(4), 760, 804, 810, and 1329 of the Senate amend-
[[Page 768]]
ment, and modifications committed to conference:
Ronald V. Dellums,
Norman Sisisky,
John M. Spratt, Jr.,
As additional conferees from the Committee on Banking,
Finance and Urban Affairs, for consideration of sections 759,
1003, 1104, and 1323-25 of the Senate amendment, and
modifications committed to conference:
Henry Gonzalez,
Barney Frank,
Steve Neal,
James Leach,
Doug Bereuter,
As additional conferees from the Committee on Energy and
Commerce, for consideration of section 731 of the Senate
amendment, and modifications committed to conference:
John D. Dingell,
Cardiss Collins,
Thomas J. Manton,
Carlos J. Moorhead,
Cliff Stearns,
As additional conferees from the Committee on Government
Operations, for consideration of sections 189 and 721 of the
Senate amendment, and modifications committed to conference:
John Conyers, Jr.,
Mike Synar,
Gary A. Condit,
As additional conferees from the Committee on the Judiciary,
for consideration of section 133(n) of the House bill, and
sections 136, 605, 704, 705, 723, 727, 748, 751, 758, 1201,
and 1202 of the Senate amendment, and modifications committed
to conference:
Jack Brooks,
R.L. Mazzoli,
John Bryant,
Bill McCollum,
Lamar Smith,
As additional conferees from the Committee on Natural
Resources, for consideration of section 164(c) of the House
bill, and section 171(c) of the Senate amendment, and
modifications committed to conference:
George Miller,
Bruce F. Vento,
Peter DeFazio,
As additional conferees from the Committee on Post Office and
Civil Service for consideration of sections 132(a), 133(e),
141-50, 254, 302(b), and 307 of the House bill, and sections
131, 141-53, 155, 229, 234, 309(h), 405(e), 407, 734, 747,
and 814 of the Senate amendment, and modifications committed
to conference:
Bill Clay,
Frank McCloskey,
Eleanor H. Norton,
John T. Myers,
Connie Morella,
As additional conferees from the Committee on Public Works
and Transportation for consideration of sections 764, 1104-
05, and 1402(g) of the Senate amendment, and modifications
committed to conference:
Norman Mineta,
Jim Oberstar,
Douglas Applegate,
Bud Shuster,
Bill Clinger,
As additional conferees from the Committee on Rules, for
consideration of sections 714, 1003, and 1326 of the Senate
amendment, and modifications committed to conference:
John Joseph Moakley,
Butler Derrick,
G. Solomon,
Managers on the Part of the House.
John F. Kerry,
Claiborne Pell,
Joe Biden,
Paul Sarbanes,
Christopher J. Dodd,
Paul Simon,
D.P. Moynihan,
Jesse Helms,
Richard G. Lugar,
Nancy Landon Kassebaum,
Larry Pressler,
Frank H. Murkowski,
Hank Brown,
Managers on the Part of the Senate.
Pending consideration of the conference report,
The SPEAKER pro tempore, Mr. KLECZKA, pursuant to clause 1(b), rule
XXVIII, divided the time for debate equally among Messrs. HAMILTON,
GILMAN, and Ms. SNOWE.
When said conference report was considered.
After debate,
On motion of Mr. HAMILTON, the previous question was ordered on the
conference report to its adoption or rejection.
Ms. SNOWE moved to recommit the conference report on the bill (H.R.
2333) to authorize appropriations for the Department of State, the
United States Information Agency, and related agencies, to authorize
appropriations for foreign assistance programs, and for other purposes,
to the committee of conference with instructions to the managers on the
part of the House to disagree to section 521 (relating to relations with
Vietnam) in the conference substitute recommended by the committee of
conference.
By unanimous consent, the previous question was ordered on the motion
to recommit with instructions.
The question being put, viva voce,
Will the House recommit with instructions said conference report?
The SPEAKER pro tempore, Mr. DURBIN, announced that the nays had it.
Ms. SNOWE objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
195
When there appeared
<3-line {>
Nays
209
Para. 40.13 [Roll No. 147]
YEAS--195
Allard
Applegate
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Browder
Brown (OH)
Bunning
Burton
Buyer
Callahan
Camp
Canady
Castle
Chapman
Clinger
Coble
Collins (GA)
Combest
Cooper
Costello
Cox
Crane
Crapo
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gillmor
Gilman
Gingrich
Glickman
Goodling
Goss
Grams
Gunderson
Gutierrez
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Hunter
Hutchinson
Hyde
Inglis
Johnson, Sam
Kasich
Kildee
Kim
King
Kingston
Klug
Knollenberg
Lancaster
Lazio
Leach
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
McNulty
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Pallone
Paxon
Peterson (MN)
Petri
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce (OH)
Quillen
Rahall
Ramstad
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shepherd
Shuster
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Stupak
Sundquist
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thurman
Torkildsen
Traficant
Upton
Walker
Walsh
Weldon
Williams
Wilson
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--209
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Baesler
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Brown (CA)
Brown (FL)
Byrne
Cantwell
Cardin
Carr
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Coyne
Cramer
Danner
Darden
de la Garza
Dellums
Deutsch
Dicks
Dingell
Dixon
Dooley
Dreier
Durbin
Edwards (CA)
Edwards (TX)
Engel
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Foley
Ford (MI)
Ford (TN)
Frank (MA)
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gonzalez
Gordon
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Houghton
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kleczka
Klein
Klink
Kolbe
Kopetski
Kreidler
LaFalce
Lambert
Lantos
LaRocco
Levin
Lewis (GA)
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Pickle
Price (NC)
Rangel
Reed
Reynolds
Richardson
Ridge
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Sisisky
Skaggs
Slaughter
Smith (IA)
Spratt
[[Page 769]]
Stark
Stenholm
Stokes
Strickland
Studds
Swett
Swift
Synar
Tanner
Thompson
Thornton
Torres
Torricelli
Towns
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Washington
Waters
Watt
Waxman
Whitten
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--29
Barlow
Bryant
Calvert
Clay
Condit
DeFazio
DeLauro
Derrick
English
Frost
Goodlatte
Grandy
Green
Greenwood
Huffington
Inhofe
Istook
Kyl
Laughlin
Lloyd
Murphy
Murtha
Pickett
Quinn
Rush
Slattery
Volkmer
Vucanovich
Wheat
So the motion to recommit with instructions was not agreed to.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. DURBIN, announced that the yeas had it.
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 40.14 h.r. 4013--unfinished business
The SPEAKER pro tempore, Mr. DURBIN, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and pass the bill (H.R. 4013) to amend title 38, United States Code, to
provide the Secretary of Veterans Affairs with necessary flexibility in
staffing the Veterans Health Administration, to authorize the Secretary
to establish pilot programs for health care delivery, and for other
purposes; as amended.
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. DURBIN, announced that two-thirds of
those present had voted in the affirmative.
Mr. PENNY demanded a recorded vote on the motion to suspend the rules
and pass said bill, as amended, which demand was supported by one-fifth
of a quorum, so a recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
282
<3-line {>
affirmative
Nays
118
Para. 40.15 [Roll No. 148]
AYES--282
Abercrombie
Ackerman
Andrews (ME)
Applegate
Archer
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Barcia
Bartlett
Bateman
Becerra
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Burton
Buyer
Byrne
Callahan
Camp
Canady
Carr
Chapman
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
Deutsch
Diaz-Balart
Dicks
Dingell
Doolittle
Duncan
Dunn
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
Evans
Everett
Ewing
Farr
Fields (LA)
Fields (TX)
Filner
Fish
Flake
Foglietta
Ford (MI)
Fowler
Frank (MA)
Franks (CT)
Gallegly
Gejdenson
Gekas
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Gonzalez
Goodling
Gordon
Goss
Gunderson
Gutierrez
Hall (TX)
Hamburg
Hamilton
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Hunter
Hutchinson
Hutto
Inglis
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Klein
Knollenberg
Kreidler
Lancaster
Lantos
Lazio
Leach
Lehman
Levin
Levy
Lewis (FL)
Lightfoot
Linder
Livingston
Long
Lowey
Machtley
Maloney
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
McCandless
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Mica
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Myers
Nadler
Neal (MA)
Neal (NC)
Oberstar
Ortiz
Owens
Oxley
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Peterson (FL)
Peterson (MN)
Pickle
Pombo
Pomeroy
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Rahall
Rangel
Ravenel
Regula
Richardson
Ridge
Rogers
Ros-Lehtinen
Rose
Roukema
Rowland
Roybal-Allard
Sanders
Sangmeister
Santorum
Sarpalius
Saxton
Schaefer
Schenk
Schiff
Schumer
Scott
Serrano
Shaw
Sisisky
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Strickland
Stump
Stupak
Sundquist
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Upton
Velazquez
Volkmer
Walsh
Waters
Weldon
Whitten
Williams
Wilson
Wise
Woolsey
Wynn
Young (AK)
Young (FL)
NOES--118
Allard
Andrews (NJ)
Andrews (TX)
Armey
Ballenger
Barca
Barrett (WI)
Barton
Beilenson
Berman
Bunning
Cantwell
Cardin
Castle
Clayton
Combest
Cox
Crane
DeLay
Dellums
Dickey
Dixon
Dooley
Dornan
Dreier
Durbin
Eshoo
Fawell
Fazio
Fingerhut
Ford (TN)
Franks (NJ)
Furse
Gallo
Gephardt
Geren
Glickman
Grams
Hancock
Horn
Houghton
Hoyer
Hughes
Hyde
Inslee
Johnson (CT)
Johnston
Kanjorski
Kleczka
Klink
Klug
Kolbe
Kopetski
LaFalce
Lambert
LaRocco
Lewis (CA)
Lewis (GA)
Lipinski
Mann
Matsui
Mazzoli
McCloskey
McDermott
McMillan
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Nussle
Obey
Olver
Orton
Packard
Pelosi
Penny
Petri
Porter
Ramstad
Reed
Reynolds
Roberts
Roemer
Rohrabacher
Rostenkowski
Roth
Royce
Sabo
Sawyer
Schroeder
Sensenbrenner
Sharp
Shays
Shepherd
Shuster
Skaggs
Smith (IA)
Stark
Stenholm
Stokes
Studds
Swett
Swift
Synar
Unsoeld
Valentine
Vento
Visclosky
Walker
Washington
Watt
Waxman
Wolf
Wyden
Yates
Zeliff
Zimmer
NOT VOTING--32
Barlow
Barrett (NE)
Bryant
Calvert
Clay
Condit
DeFazio
DeLauro
Derrick
English
Frost
Goodlatte
Grandy
Green
Greenwood
Hall (OH)
Huffington
Inhofe
Istook
Kyl
Laughlin
Lloyd
Meyers
Murphy
Murtha
Pickett
Quinn
Rush
Slattery
Thornton
Vucanovich
Wheat
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
amend title 38, United States Code, to provide the Secretary of Veterans
Affairs with necessary flexibility in staffing the Veterans Health
Administration.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 40.16 h.r. 4250--unfinished business
The SPEAKER pro tempore, Mr. DURBIN, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 4250) to authorize appropriations for
fiscal years 1995 through 1998 to carry out the Head Start Act and the
Community Services Block Grant Act, and for other purposes; as amended.
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. DURBIN, announced that two-thirds of
those present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
authorize appropriations to carry out the Head Start Act, the Community
Services Block Grant Act, and the Low-Income Home Energy Assistance Act
of 1981; and for other purposes.''.
On motion of Mr. MARTINEZ, by unanimous consent, the bill of the Sen-
[[Page 770]]
ate (S. 2000) to authorize appropriations for fiscal years 1995 through
1998 to carry out the Head Start Act and the Community Services Block
Grant Act, and for other purposes; was taken from the Speaker's table.
When said bill was considered and read twice.
Mr. MARTINEZ submitted the following amendment which was agreed to:
Strike out all after the enacting clause and insert the provisions of
H.R. 4250 as passed by the House.
The bill, as amended, was ordered to be read a third time, was read a
third time by title, and passed.
By unanimous consent, the title was amended so as to read: ``An Act to
authorize appropriations for fiscal years 1995 through 1998 to carry out
the Head Start Act and the Community Services Block Grant Act, and for
other purposes .''.
A motion to reconsider the votes whereby said bill, as amended, was
passed and the title was amended was, by unanimous consent, laid on the
table.
On motion of Mr. MARTINEZ, by unanimous consent,
Resolved, That the House insist upon its amendments and request a
conference with the Senate on the disagreeing votes of the two Houses
thereon.
Thereupon, the SPEAKER pro tempore, Mr. DURBIN, by unanimous consent,
announced the appointment of the following Members as managers on the
part of the House at said conference:
From the Committee on Education and Labor, for consideration of the
Senate bill, and the House amendment, and modifications committed to
conference: Messrs. Ford of Michigan, Martinez, Kildee, Owens, Andrews
of New Jersey, and Scott, Ms. Woolsey, Messrs. Romero-Barcelo, Baesler,
and Goodling, Ms. Molinari, and Messrs. Barrett of Nebraska, Miller of
Florida, and Castle.
As additional conferees from the Committee on Energy and Commerce, for
consideration of title III of the Senate bill, and title III of the
House amendment, and modifications committed to conference: Messrs.
Dingell, Sharp, Markey, Lehman, Kreidler, Moorhead, Bilirakis, and
Hastert.
Ordered, That the Clerk notify the Senate thereof.
By unanimous consent, H.R. 4250, a similar House bill, was laid on the
table.
Para. 40.17 adjournment over
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 12
o'clock noon on Monday, May 2, 1994.
Para. 40.18 calendar wednesday business dispensed with
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, May 4,
1994, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
Para. 40.19 correct enrollment of h.r. 2333
On motion of Mr. HAMILTON, by unanimous consent, the following
concurrent resolution of the Senate was taken from the Speaker's table
(S. Con. Res. 67):
Resolved by the Senate (the House of Representatives
concurring), That in the enrollment of the bill (H.R. 2333)
to authorize appropriations for the Department of State, the
United States Information Agency, and related agencies, and
for other purposes, the Clerk of the House of Representatives
shall make the following corrections:
(1) In section 201(a) after paragraph (6) insert the
following new paragraph:
(7) Title V of Public Law 98-164.--To carry out title V of
Public Law 98-164, $35,000,000 for the fiscal year 1994 and
$35,000,000 for the fiscal year 1995.
(2) In section 140(a)(2), before the period at the end of
the first sentence insert ``, to recover the costs of
providing consular services''.
(3) In section 201(a)(1), strike ``$473,488,000'' and
insert ``$487,988,000'' and strike ``$480,362,000'' and
insert ``$494,862,000''.
(4) In section 101(b)(2), insert the following new
subparagraph (F):
``(F) $2,000,000 is authorized to be appropriated for
fiscal year 1995 for computer upgrades for the Bureau of
Intelligence and Research.''
(5) In Section 516, strike ``Senate'' and insert
``Congress''.
(6) In the Table of Contents, strike ``Sec. 249'' and
insert ``Sec. 239'' immediately before ``Increasing African
participation in USIA exchange programs.''
When said concurrent resolution was considered and agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 40.20 senate enrolled bills and joint resolutions signed
The SPEAKER announced his signature to an enrolled bills and joint
resolutions of the Senate of the following title:
S. 1636. An Act to authorize appropriations for the Marine
Mammal Protection Act of 1972 and to improve the program to
reduce the incidental taking of marine mammals during the
course of commercial fishing operations, and for other
purposes.
S. 1930. An Act to amend the Consolidated Farm and Rural
Development Act to improve the administration of claims and
obligations of the Farmers Home Administration, and for other
purposes.
S.J. Res. 143. Joint resolution providing for the
appointment of Frank Anderson Shrontz as a citizen regent of
the Board of Regents of the Smithsonian Institution.
S.J. Res. 144. Joint resolution providing for the
appointment of Manuel Luis Ibanez as a citizen regent of the
Board of Regents of the Smithsonian Institution.
Para. 40.21 leave of absence
By unanimous consent, leave of absence was granted--
To Ms. ENGLISH of Arizona, for today;
To Mrs. LLOYD, for today; and
To Ms. DeLAURO, for today.
And then,
Para. 40.22 adjournment
On motion of Mr. SOLOMON, pursuant to the special order heretofore
agreed to, at 6 o'clock and 54 minutes p.m., the House adjourned until
12 o' clock noon on Monday, May 2, 1994.
Para. 40.23 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. HALL of Ohio: Committee on Rules. House Resolution 414.
Resolution providing for the consideration of the bill (H.R.
3254) to authorize appropriations for the National Science
Foundation, and for other purposes (Rept. No. 103-485).
Referred to the House Calendar.
Mr. GONZALEZ: Committee on Banking, Finance and Urban
Affairs. H.R. 1015. A bill to amend the Fair Credit Reporting
Act to assure the completeness and accuracy of consumer
information maintained by credit reporting agencies, to
better inform consumers of their rights under the act, and to
improve enforcement, and for other purposes; with an
amendment; (Rept. No. 103-486). Referred to the Committee of
the Whole House on the State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 2473. A bill to designate certain National Forest lands
in the State of Montana as wilderness, to release other
National Forest lands in the State of Montana for multiple
use management, and for other purposes; with an amendment
(Rept. No. 103-487, Pt. 1). Ordered to be printed.
Para. 40.24 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. PETERSON of Minnesota:
H.R. 4304. A bill to amend the United States Housing Act of
1937 to reform the public housing program; to the Committee
on Banking, Finance and Urban Affairs.
By Mr. BORSKI:
H.R. 4305. A bill to amend title 23, United States Code,
relating to establishment of the National Transportation
System; to the Committee on Public Works and Transportation.
By Mr. KLEIN (for himself, Mr. Zimmer, Mr. Brown of
California, Mr. Studds, Mrs. Lloyd, Mr. Synar, Mr.
Stenholm, Mr. Valentine, Mrs. Morella, Mr. Pallone,
Mr. Roemer, Mr. Swett, Mr. Deal, Ms. Eddie Bernice
Johnson of Texas, Mrs. Thurman, and Mr. Boehlert):
H.R. 4306. A bill to establish a comprehensive risk
assessment program within the Environmental Protection
Agency, and for other purposes; to the Committee on Science,
Space, and Technology.
By Mr. HUGHES (for himself, Mr. Moorhead, Mr. Frank of
Massachusetts, Mr. Boucher, Mr. Sensenbrenner, Mr.
Fish, and Mr. Coble):
H.R. 4307. A bill to amend title 35, United States Code,
with respect to applications for process patents; to the
Committee on the Judiciary.
By Mr. DINGELL (for himself, Mr. Weldon, Mr. Studds,
and Mr. Fields of Texas):
H.R. 4308. A bill to amend the North American Wetlands
Conservation Act to authorize
[[Page 771]]
appropriations for allocations under that act for wetlands
conservation projects; to the Committee on Merchant Marine
and Fisheries.
By Mr. HAMBURG (for himself, Mr. Filner, Mr. Miller of
California, Mr. Farr, and Ms. Woolsey):
H.R. 4309. A bill to require a local hiring preference for
certain defense contracts and subcontracts performed in or
near labor surplus areas and closing military bases; to the
Committee on Armed Services.
By Mr. GONZALEZ (by request):
H.R. 4310. A bill to reduce homelessness, reform public
housing, expand and preserve affordable housing and
homeownership, ensure fair housing for all, empower
communities, and for other purposes; to the Committee on
Banking, Finance and Urban Affairs.
By Mr. HANSEN (for himself, Mr. Spence, Mr. Montgomery,
Mr. Lancaster, Ms. Snowe, Mr. Shuster, Mr. Hunter,
Mr. Gonzalez, Mrs. Fowler, Mr. Livingston, Mr.
Cunningham, Mr. Saxton, Mr. Orton, Mr. DeLay, Mr.
Boehlert, Mr. Stump, Mr. Gekas, Mr. Horn, Mr. Tucker,
Mr. Canady, Mr. Levy, Mr. Solomon, Mr. Torkildsen,
Mr. Inhofe, Mr. Gallo, Mrs. Meyers of Kansas, and Mr.
Swett):
H.R. 4311. A bill to amend the Defense Base Closure and
Realignment Act of 1990 to postpone the round of base
closures and realignments scheduled for 1995 until 1997;
jointly, to the Committees on Armed Services and Rules.
By Mr. JOHNSTON of Florida (for himself and Mr. Goss):
H.R. 4312. A bill imposing certain restrictions and
requirements on the leasing under the Outer Continental Shelf
Lands Act of lands offshore Florida, and for other purposes;
jointly, to the Committees on Natural Resources and Merchant
Marine and Fisheries.
By Mr. KANJORSKI:
H.R. 4313. A bill to prohibit the admission to the United
States as refugees, individuals who served in the armed
forces of Iraq during the Persian Gulf conflict, and to
deport any such individuals who have been so admitted; to the
Committee on the Judiciary.
By Ms. LAMBERT (for herself, Mr. Synar, and Mr.
Studds):
H.R. 4314. A bill to reauthorize the Safe Drinking Water
Act; to the Committee on Energy and Commerce.
By Ms. NORTON (for herself, Mr. Dellums, Ms. Eddie
Bernice Johnson of Texas, Mr. Lewis of Georgia, Mr.
McDermott, Mr. Mineta, Mr. Moakley, Mr. Montgomery,
Mr. Porter, Mr. Traficant, and Mr. Waxman):
H.R. 4315. A bill to designate a site for the relocation of
the public facility of the National Museum of Health and
Medicine, and for other purposes; to the Committee on Public
Works and Transportation.
By Mr. OWENS:
H.R. 4316. A bill to improve the quality of public
elementary and secondary school libraries, media centers, and
facilities in order to help meet the National Education
Goals; to the Committee on Education and Labor.
By Mr. KOPETSKI (for himself and Mr. Jefferson):
H.R. 4317. A bill to designate temporary protected status
under the Immigration and Nationality Act for Rwandan
students in the United States; to the Committee on the
Judiciary.
By Ms. WOOLSEY (for herself and Mr. Regula):
H.R. 4318. A bill to reduce reliance on public assistance
by improving education and job training programs,
strengthening support services and case management,
eliminating penalties against two-parent families, allowing
welfare recipients to keep more of their earnings and
benefits as they move into the work force, and increasing
child support enforcement; jointly, to the Committees on Ways
and Means, Education and Labor, and Energy and Commerce.
By Mr. PETE GEREN of Texas (for himself and Mr.
Cramer):
H.J. Res. 362. Joint resolution to designate March 20
through 26, 1995, as ``National Long-Term Care Administrators
Week''; which was referred to the Committee on Post Office
and Civil Service.
Para. 40.25 private bills and resolutions
Under clause 1 of rule XXII,
Mr. GOSS introduced a bill (H.R. 4319) to authorize
issuance of a certificate of documentation with appropriate
endorsement for the vessel Reel Toy; to the Committee on
Merchant Marine and Fisheries.
Para. 40.26 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 40: Mr. Serrano.
H.R. 65: Mr. Hinchey.
H.R. 67: Mr. Traficant.
H.R. 302: Mr. Moorhead and Mr. Owens.
H.R. 303: Mr. Calvert.
H.R. 340: Mr. Klug, Mr. Kim, Mr. Shays, Mr. Wynn, and Ms.
Lambert.
H.R. 393: Ms. Margolies-Mezvinsky.
H.R. 417: Mrs. Kennelly, Mr. Slattery, and Ms. Slaughter.
H.R. 493: Mr. Istook.
H.R. 518: Mr. Wyden and Ms. DeLauro.
H.R. 647: Mr. Taylor of North Carolina and Mr. Fingerhut.
H.R. 799: Mr. Knollenberg and Mr. Brown of Ohio.
H.R. 846: Ms. DeLauro.
H.R. 885: Mr. Pete Geren of Texas, Mr. Ravenel, and Ms.
Molinari.
H.R. 911: Mr. Doolittle and Mr. Ramstad.
H.R. 979: Mr. Murtha.
H.R. 1088: Mr. McHale.
H.R. 1110: Mr. Doolittle and Mr. Ballenger.
H.R. 1146: Mr. Wyden.
H.R. 1289: Mr. Cunningham.
H.R. 1295: Mr. Swift.
H.R. 1309: Mr. Skeen and Mr. Callahan.
H.R. 1349: Mr. Paxon.
H.R. 1501: Mr. Edwards of California.
H.R. 1604: Mr. Hutchinson.
H.R. 1606: Mr. Franks of New Jersey and Mrs. Maloney.
H.R. 1607: Mrs. Maloney and Mr. Wyden.
H.R. 1712: Mr. Clinger.
H.R. 1988: Mr. Pastor.
H.R. 2031: Mr. Hamburg.
H.R. 2147: Mr. Conyers.
H.R. 2175: Mr. Olver.
H.R. 2218: Mr. Shays.
H.R. 2420: Ms. Waters, Mr. Foglietta, Mr. Hilliard, Mr.
Kennedy, Mr. Pastor, Ms. Velazquez, and Mr. Stark.
H.R. 2460: Mr. Bevill.
H.R. 2663: Mr. Jacobs.
H.R. 2708: Mr. Barrett of Nebraska and Mr. McCloskey.
H.R. 2741: Mr. Pallone and Mr. Manton.
H.R. 2759: Mr. Calvert, Mr. Dornan Mr. McMillan, Mr. Sam
Johnson of Texas, Mr. Hansen, and Mr. Zimmer.
H.R. 2872: Mr. Calvert, Mr. Knollenberg, and Mr. Stearns.
H.R. 2882: Mr. Rohrabacher.
H.R. 2929: Mr. Hayes.
H.R. 3017: Mr. Duncan, Mr. Bachus of Alabama, Mrs. Meyers
of Kansas, and Mr. Taylor of Mississippi.
H.R. 3031: Mr. Thomas of Wyoming and Mr. Petri.
H.R. 3179: Mr. Darden and Mr. Hayes.
H.R. 3246: Mr. Ballenger, Mr. Clinger, Mr. Fingerhut, Mr.
Santorum, and Mr. Visclosky.
H.R. 3251: Mr. Clinger and Mr. Miller of Florida.
H.R. 3266: Mr. Valentine, Mr. Leach, Mr. Boehlert, Mr. Hall
of Texas, and Mr. Traficant.
H.R. 3270: Mr. Lancaster, Mr. Frost, Mr. Dellums, Mr.
Romero-Barcelo, Mr. Manton, Mrs. Mink of Hawaii, Mr. Murphy,
Mr. Pallone, Mr. Sarpalius, Mr. Serrano, Mr. Rangel, Mr.
Slattery, Mr. Applegate, Mr. Lipinski, Mr. Hayes, Mr. Hughes,
Mr. Klein, Mr. Kopetski, Ms. DeLauro, Mr. Berman, Mr.
Abercrombie, Mr. Conyers, Mr. Pastor, Mr. Filner, Mr. Shays,
Mr. Frank of Massachusetts, and Mr. Condit.
H.R. 3293: Mr. Weldon, Mr. Livingston, Mr. Hall of Texas,
Mr. Sisisky, and Mr. Sangmeister.
H.R. 3324; Mr. Foglietta and Ms. Velazquez.
H.R. 3333: Mr. Armey.
H.R. 3347: Mr. Miller of California, Mr. Owens, and Mrs.
Mink of Hawaii.
H.R. 3367: Mr. Fields of Texas.
H.R. 3442: Mr. Boehner and Mr. Klug.
H.R. 3449: Mr. Calvert, Mr. Emerson, Mr. Kyl, and Mr.
Zeliff.
H.R. 3491: Mr. Gunderson, Mr. Lewis of Florida, Mr.
Hancock, and Mr. Greenwood.
H.R. 3546: Mr. Farr.
H.R. 3692: Mr. Franks of New Jersey.
H.R. 3716: Mr. Klug.
H.R. 3717: Mr. Boehner.
H.R. 3739: Mr. Condit, Mr. Tauzin, Mr. Pete Geren of Texas,
Mr. Hayes, Mr. Barton of Texas, Mr. Ramstad, and Mr.
Rohrabacher.
H.R. 3774: Mr. Hutchinson.
H.R. 3775: Mr. Klug.
H.R. 3777: Mr. Klug.
H.R. 3778: Mr. Klug.
H.R. 3780: Mr. Klug.
H.R. 3781: Mr. Klug.
H.R. 3790: Mr. Roemer.
H.R. 3796: Mr. Smith of Texas and Mr. Clinger.
H.R. 3811: Ms. Pelosi, Ms. Schenk, Ms. Roybal-Allard, and
Mr. Lantos.
H.R. 3820: Mr. Brooks, Mr. Klein, Mr. de la Garza, Mr.
Brown of California, Mr. Valentine, Mr. Vento, Mr. Barton of
Texas, Mr. Calvert, Mr. Glickman, Mrs. Byrne, Mr. Bonilla,
Mr. Underwood, Mr. Reed, Mr. Saxton, Mr. Borski, Mr.
Lancaster, Mr. Lantos, Mr. Hochbrueckner, Mr. Weldon, Ms.
Dunn, Mr. Hansen, Mr. Brewster, Mr. McCloskey, Mr. Conyers,
Mr. de Lugo, Mr. Archer, Mr. Bilbray, Mr. Young of Alaska,
Mr. Serrano, Mr. Kleczka, Mr. Inhofe, Mr. Bateman, Mr. King,
and Mr. LaFalce.
H.R. 3831: Ms. Velazquez, Mr. Evans, and Ms. Roybal-Allard.
H.R. 3835: Mr. Barcia of Michigan, Mr. Smith of Michigan,
Mr. Upton, Mr. Doolittle, and Mr. Taylor of North Carolina.
H.R. 3873: Mr. Edwards of California and Ms. Eddie Bernice
Johnson of Texas.
H.R. 3900: Mr. Applegate and Mr. Hinchey.
H.R. 3926: Mr. Fingerhut, Mr. Weldon, Mrs. Johnson of
Connecticut, Mr. Quinn, and Mr. Grams.
H.R. 3935: Mr. Murtha and Mr. Greenwood.
H.R. 3941: Mr. Shays, Mr. Ewing, and Mr. Goss.
H.R. 3967: Mr. Barrett of Wisconsin, Mrs. Johnson of
Connecticut, Mr. Roberts, and Mr. Blute.
H.R. 3973: Mrs. Morella, Mr. Cardin, and Mr. Hinchey.
H.R. 3986: Mr. Weldon.
H.R. 4040: Mr. Rahall, Mr. McDermott, Ms. Eshoo, Mr.
Berman, Ms. Roybal-Allard, Mr. Farr, Mr. Edwards of
California, Mr. Hamburg, Mr. Dellums, Mr. Mineta, and Mr.
Beilenson.
[[Page 772]]
H.R. 4050: Mr. Mazzoli.
H.R. 4064: Mr. Hinchey.
H.R. 4065: Mr. Hinchey.
H.R. 4078: Mr. Schiff.
H.R. 4095: Mr. Kingston, Mr. Kyl, Mr. Coppersmith, Mr.
Sarpalius, Mr. Pete Geren of Texas, and Mr. Armey.
H.R. 4109: Ms. Shepherd and Mr. Hochbrueckner.
H.R. 4116: Mr. Reynolds, Mr. Manton, Mr. Wheat, Mrs. Byrne,
Mr. Owens, Mr. Wynn, and Mr. Kopetski.
H.R. 4130: Mr. Clinger.
H.R. 4133: Mrs. Mink of Hawaii and Mr. Kopetski.
H.R. 4138: Mrs. Clayton and Mr. Rangel.
H.R. 4148: Mrs. Maloney, Mrs. Schroeder, Mrs. Unsoeld, Mr.
Owens, and Ms. Woolsey.
H.R. 4155: Mr. Nadler.
H.R. 4188: Mr. Parker, Mr. Emerson, Mr. Lewis of Florida,
Mr. Barrett of Nebraska, and Mr. Gunderson.
H.R. 4213: Mr. Dellums and Mr. Gene Green of Texas.
H.R. 4215: Mr. Linder and Mr. Torkildsen.
H.R. 4259: Mr. Burton of Indiana and Mr. Kolbe.
H.R. 4296: Mr. Tucker, Mrs. Collins of Illinois, and Mr.
Filner.
H.J. Res. 37: Mr. Hayes.
H.J. Res. 38: Mr. Hayes.
H.J. Res. 44: Mr. Gilman.
H.J. Res. 90: Mr. Leach, Mr. Vento, Mr. Paxon, Mr. Porter,
Mr. Saxton, Mr. Young of Alaska, and Ms. Molinari.
H.J. Res. 112: Mr. Borski, Mr. Moakley, Mr. Pete Geren of
Texas, Mr. Hoke, Mr. McNulty, Mr. Hochbrueckner, Mr. McDade,
Ms. Lowey, Mr. Machtley, Mr. Gene Green of Texas, Mr. Markey,
Mr. Hinchey, Mr. Bonior, Mr. Kasich, Ms. Slaughter, and Mr.
Meehan.
H.J. Res. 129: Mr. Zimmer.
H.J. Res. 131: Mr. Petri and Mr. Hoke.
H.J. Res. 209: Mr. Pete Geren of Texas, Mr. Studds, Mr.
Sanders, Mr. Wynn, Mr. Holden, Mrs. Unsoeld, Mr. Ackerman,
Mr. Kanjorski, Mr. Manton, Mr. Sisisky, Mr. Cooper, Mr. Levy,
Mr. Grandy, Mr. Barlow, Mr. McCollum, Mr. Payne of New
Jersey, Mr. Klein, Mr. Emerson, Ms. Collins of Michigan, Mr.
Lancaster, Mr. Barrett of Wisconsin, Mr. Wise, Mr. Lehman,
Mr. Durbin, Mr. Bateman, Mr. Coble, Mr. McDermott, and Mr.
Roberts.
H.J. Res. 276: Mr. Wise, Mr. Castle, Mr. Johnson of South
Dakota, Mr. Leach, Ms. Woolsey, Mr. LaRocco, Mr. Hall of
Texas, Ms. Furse, Mr. Hall of Ohio, Mr. Bliley, Mr. Baker of
Louisiana, Mr. Barca of Wisconsin, Mrs. Bentley, Mr. Berman,
Mr. Clement, Mr. Hayes, Ms. Dunn, Mr. Clay, Mr. Moran, Mr.
Ravenel, Mr. Roberts, Mr. Spratt, Mr. Moakley, Mr. Goodling,
Mr. Hinchey, Mr. Reynolds, Mr. Darden, Mr. Clinger, Mr.
Dornan, Mr. Knollenberg, Mr. Scott, Mr. Kleczka, Mr. Upton,
Mr. Pallone, and Mr. Kreidler.
H.J. Res. 302: Mr. Stupak, Mr. Vento, Mr. Duncan, Mr.
Engel, Mr. Barca of Wisconsin, Mr. Torricelli, Mr. Romero-
Barcelo, Mr. Bartlett of Maryland, Mr. Swift, Mr. Mfume, Ms.
Molinari, Mr. Edwards of California, Mr. Watt, Mr. Clyburn,
Ms. Cantwell, Ms. Dunn, Mr. Fields of Louisiana, Mr.
Hastings, Mr. Flake, Mrs. Fowler, Ms. Kaptur, and Mr.
Torres.
H.J. Res. 304: Mrs. Byrne, Mr. Saxton, Mr. Abercrombie, Mr.
Hobson, Mr. Clyburn, Mr. Lazio, Mr. Rahall, Mr. Spratt, Mr.
Mollohan, Ms. Roybal-Allard, Mr. Doolittle, Mr. Flake, Mr.
Gunderson, and Mrs. Lloyd.
H.J. Res. 305: Mr. Tucker and Mr. Poshard.
H.J. Res. 311: Mr. Bevill, Mr. Brewster, Mr. Burton of
Indiana, Mr. Castle, Mr. Clay, Mr. de Lugo, Mr. DeFazio, Mr.
Diaz-Balart, Mr. Dornan, Mr. Evans, Mr. Farr, Mr. Fazio, Mr.
Fingerhut, Mr. Frank of
Massachusetts, Mr. Gallegly, Mr. Gonzalez, Mr. Holden, Mr.
Hutto, Mr. Jefferson, Mr. LaRocco, Mr. Lipinski, Mrs. Lloyd,
Mr. Mazzoli, Mr. Meehan, Mr. Myers of Indiana, Mr. Owens, Mr.
Rahall, Mr. Reynolds, Mr. Synar, Mr. Torkildsen, and Ms.
Waters.
H.J. Res. 315: Mr. Callahan, Mr. Clement, Mr. de Lugo, Mr.
Doolittle, Mr. Edwards of Texas, Mr. Reed, Mr. Richardson,
Mr. Rohrabacher, Mr. Payne of New Jersey, Mr. Payne of
Virginia, and Mr. Schumer.
H.J. Res. 322: Mrs. Byrne, Mr. Oxley, and Mr. Meehan.
H.J. Res. 327: Mr. Gunderson, Mr. Clinger, and Mr. Wilson.
H.J. Res. 333: Mr. Pete Geren of Texas, Mr. Smith of Texas,
Mr. Meehan, Mr. Foglietta, Mr. Smith of New Jersey, Mr.
Conyers, Mr. Chapman, Mr. Fazio, Mr. Hoyer, Ms. Eddie Bernice
Johnson of Texas, Mr. Washington, Mr. Rush, Ms. Kaptur, Mr.
Royce, Mr. Filner, Mr. Pallone, Mr. Kennedy, Mr. Horn, Mr.
Bryant, Mr. Lipinski, Mr. Kildee, Ms. Lowey, Mr. Porter, Mr.
Shays, Mrs. Meyers of Kansas, Mr. Tucker, Ms. Margolies-
Mezvinsky, Mr. Hobson, Mr. Brewster, Mr. Volkmer, Mr. Hansen,
and Mr. Ramstad.
H.J. Res. 342: Mr. Reed.
H.J. Res. 344: Mr. Fish, Mr. Gingrich, Mr. Hunter, Mr.
Gunderson, Mrs. Byrne, Mr. Hefner, Mr. Everett, Mr. Frank of
Massachusetts, Mr. Cardin, Mr. Lehman, Mr. Levy, Mr. McDade,
Mr. McCloskey, Mr. Brewster, Mr. Martinez, Mr. Lewis of
Georgia, Mr. Montgomery, Mr. Flake, Mr. Moran, Mr. Murphy,
Mr. Murtha, Mr. Washington, Ms. Furse, Mr. Towns, Mr. Duncan,
Mr. Torricelli, Mr. Kreidler, Ms. Woolsey, Mr. Neal of
Massachusetts, Mr. Clay, Mr. Jefferson, Mr. Gephardt, Ms.
Schenk, Mr. Serrano, Mr. Owens, Mr. Quillen, Mr. Roberts, Mr.
Ravenel, Mr. Richardson, Mr. Collins of Georgia, Mr. Cox, Mr.
Swift, Mr. Livingston, Mr. Rose, Mr. Hoyer, Mr. Hilliard, Mr.
Ramstad, Mr. Romero-Barcelo, Mr. Kleczka, Mr. Schumer, Mr.
Jacobs, Mrs. Fowler, Mrs. Meyers of Kansas, Mr. Lightfoot,
Mr. Valentine, and Mr. Dellums.
H.J. Res. 350: Mr. Frost and Mr. Dellums.
H.J. Res. 355: Mr. Kasich, Mr. Vento, Mr. Wilson, Ms. Brown
of Florida, Mr. Clay, Mr. Sisisky, Mr. Walsh, Mr. Flake, and
Mr. Towns.
H. Con. Res. 168: Mr. Penny and Mr. Saxton.
H. Con. Res. 229: Mr. Jefferson and Mr. Evans.
H. Res. 90: Mr. Klug.
Para. 40.27 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 3860: Mr. Armey.
.
MONDAY, MAY 2, 1994 (41)
Para. 41.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
MONTGOMERY, who laid before the House the following communication:
House of Representatives, Washington, DC, May 2, 1994.
I hereby designate the Honorable G.V. (Sonny) Montgomery to
act as Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Para. 41.2 approval of the journal
The SPEAKER pro tempore, Mr. MONTGOMERY, announced he had examined and
approved the Journal of the proceedings of Thursday, April 28, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 41.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3079. A letter from the Secretary of Defense, transmitting
a copy of Presidential Determination No. 94-8, pursuant to
Public Law 103-139; to the Committee on Appropriations.
3080. A letter from the Department of the Treasury,
transmitting a draft of proposed legislation to provide for a
U.S. contribution to the Inter-American Development Bank, and
for other purposes; to the Committee on Banking, Finance and
Urban Affairs.
3081. A letter from the Assistant Secretary of Legislative
Affairs, Department of State, transmitting a report on
control and elimination of chemical and biological weapons,
pursuant to Public Law 102-182, section 308(a) (105 Stat.
1257); to the Committee on Foreign Affairs.
3082. A letter from the Chief Justice, the Supreme Court of
the United States, transmitting amendments to the Federal
Rules of Appellate Procedure as adopted by the Court,
pursuant to 28 U.S.C. 2072 (H. Doc. No. 103-247); to the
Committee on the Judiciary and ordered to be printed.
3083. A letter from the Chief Justice, the Supreme Court of
the United States, transmitting amendments to the Federal
Rules of Bankruptcy Procedure as adopted by the Court,
pursuant to 28 U.S.C. 2075 (H. Doc. No. 103-248); to the
Committee on the Judiciary and ordered to be printed.
3084. A letter from the Chief Justice, the Supreme Court of
the United States, transmitting amendments to the Federal
rules of criminal procedure as adopted by the Court, pursuant
to 28 U.S.C. 2072 (H. Doc. No. 103-249); to the Committee on
the Judiciary and ordered to be printed.
3085. A letter from the Chief Justice, the Supreme Court of
the United States, transmitting an amendment to the Federal
rules of evidence as adopted by the Court, pursuant to 28
U.S.C. 2076 (H. Doc. No. 103-250); to the Committee on the
Judiciary and ordered to be printed.
3086. A letter from the Director, Administrative Office of
the U.S. Courts, transmitting the annual report on
applications for court orders made to Federal and State
courts to permit the interception of wire, oral, or
electronic communications during calendar year 1993, pursuant
to 18 U.S.C. 2519(3); to the Committee on the Judiciary.
3087. A letter from the Chairman, U.S. Sentencing
Commission and Bureau of Prisons, transmitting a report of
amendments to the sentencing guidelines, policy statements,
and commentary, together with the reasons for these
amendments, pursuant to 28 U.S.C. 994(p); to the Committee on
the Judiciary.
Para. 41.4 communication from the clerk--message from the senate
The SPEAKER pro tempore, Mr. MONTGOMERY, laid before the House a
communication, which was read as follows:
[[Page 773]]
House of Representatives,
Washington, DC, April 29, 1994.
Hon. Thomas S. Foley,
The Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, the Clerk received the following message
from the Secretary of the Senate on Friday, April 29, 1994 at
10:35 pm.: that the Senate agreed to the Conference Report on
H.R. 2333.
With great respect, I am
Sincerely yours,
Donnald K. Anderson,
Clerk, House of Representatives.
Para. 41.5 enrolled bill signed
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that pursuant to
clause 4, rule I, the Speaker signed the following enrolled bill on
Friday, April 29, 1994:
H.R. 2333. An Act to authorize appropriations for the
Department of State, the United States Information Agency,
and related agencies, and for other purposes.
Para. 41.6 submission of conference report--s. 636
Mr. EDWARDS of California, submitted a conference report (Rept. No.
103-488) on the bill of the Senate (S. 636) to amend the Public Health
Service Act to permit individuals to have freedom of access to certain
medical clinics and facilities, and for other purposes; together with a
statement thereon, for printing in the Record under the rule.
Para. 41.7 subpoena
The SPEAKER pro tempore, Mr. COLEMAN, laid before the House a
communication, which was read as follows:
Office of the Director, Non-Legislative and Financial
Services, House of Representatives,
Washington, DC, April 29, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to notify you formally pursuant
to Rule L (50) of the Rules of the House that the Office of
Finance has been served with a subpoena issued by the United
States District Court for the District of Columbia.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoena is
consistent with the privileges and precedents of the House.
Sincerely,
Randall B. Medlock,
Acting Director.
Para. 41.8 recess--1:12 p.m.
The SPEAKER pro tempore, Mr. COLEMAN, pursuant to clause 12 of rule I,
declared the House in recess at 1 o'clock and 12 minutes p.m., subject
to the call of the Chair.
Para. 41.9 after recess--3:33 p.m.
The SPEAKER pro tempore, Mr. GLICKMAN, called the House to order.
Para. 41.10 senate bill referred
A bill of the Senate of the following title was taken from the
Speaker's table and, under the rule, referred as follows:
S. 473. An Act to promote the industrial competitiveness
and economic growth of the United States by strengthening the
linkages between the laboratories of the Department of Energy
and the private sector and by supporting the development and
application of technologies critical to the economic,
scientific and technological competitiveness of the United
States, and for other purposes; to the Committees on Armed
Services; Science, Space and Technology; and Energy and
Commerce.
Para. 41.11 bills presented to the president
Mr. ROSE, from the Committee on House Administration, reported that
that committee did on the following dates present to the President, for
his approval, bills of the House of the following titles:
On April 15, 1994:
H.R. 4066. An Act to suspend temporarily the duty on the
personal effects of participants in, and certain other
individuals associated with, the 1994 World Cup Soccer Games,
the 1994 World Rowing Championships, the 1995 Special
Olympics World Games, the 1996 Summer Olympics, and the 1996
Paralympics.
On April 22, 1994:
H.R. 3693. An Act to designate the United States courthouse
under construction in Denver, Colorado, as the ``Byron White
United States Courthouse.''
H.R. 821. An Act to amend title 38, United States Code, to
extend eligibility for burial in national cemeteries to
persons who have 20 years of service creditable for retired
pay as members of a reserve component of the Armed Forces and
to their dependents.
H.R. 2884. An Act to establish a national framework for the
development of School-to-Work Opportunities systems in all
States, and for other purposes.
On April 29, 1994:
H.R. 2333. An Act to authorize appropriations for the
Department of State, the United States Information Agency,
and related agencies, and for other purposes.
And then,
Para. 41.12 adjournment
On motion of Mr. OBEY, pursuant to the special order of the House of
February 11, 1994, at 3 o'clock and 34 minutes p.m., the House adjourned
until 10:30 a.m., Tuesday, May 3, 1994.
Para. 41.13 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. BROOKS: Committee of Conference. Conference report on
S. 636, An Act to amend the Public Health Service Act to
permit individuals to have freedom of access to certain
medical clinics and facilities, and for other purposes (Rept.
No. 103-488). Ordered to be printed.
Mr. BROOKS: Committee on the Judiciary. H.R. 4296. A bill
to make unlawful the transfer or possession of assault
weapons; with an amendment (Rept. No. 103-489). Referred to
the Committee of the Whole House on the State of the Union.
Para. 41.14 subsequent action on a reported bill sequentially referred
Under clause 5 of rule X the following action was taken by the
Speaker:
[Submitted on April 29, 1994]
H.R. 1593. The Committee on the Judiciary discharged from
further consideration of H.R. 1593; H.R. 1593 referred to the
Committee of the Whole House on the State of the Union.
H.R. 3567. Referral to the Committee on Natural Resources
extended for a period ending not later than May 6, 1994.
Para. 41.15 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BATEMAN:
H.R. 4320. A bill to authorize the establishment of a pilot
program to provide environmental assistance to non-Federal
interests in the Chesapeake Bay watershed, and for other
purposes; jointly, to the Committees on Public Works and
Transportation and Merchant Marine and Fisheries.
By Mr. KOPETSKI:
H.R. 4321. A bill to amend the Internal Revenue Code of
1986 to exempt cash payments of legal fees from the reporting
requirements relating to cash received in a trade or
business; to the Committee on Ways and Means.
By Mr. LaFALCE (for himself and Mrs. Meyers of Kansas):
H.R. 4322. A bill to amend the Small Business Act to
increase the authorization for the development company
program, and for other purposes; to the Committee on Small
Business.
Para. 41.16 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 359: Mr. Serrano.
H.R. 692: Mr. Gonzalez.
H.R. 972: Mr. Mineta.
H.R. 1080. Mr. Schiff.
H.R. 1141: Mrs. Maloney.
H.R. 1155: Mr. Hinchey and Mr. Wolf.
H.R. 2680: Mr. Franks of New Jersey.
H.R. 2741: Mr. Menendez and Mr. Engel.
H.R. 2873: Mr. Dreier, Mr. Hastert, Mr. Crapo, Mr. Darden,
Mr. Stearns, and Mr. Herger.
H.R. 3064: Mr. DeLay and Mr. Clinger.
H.R. 3392: Mr. Hobson, Mr. Gingrich, Mr. Kolbe, Mr.
Bonilla, Mr. Horn, Mr. Rogers, Mr. Sam Johnson, Mr.
Sundquist, Mr. Bateman, Mr. Smith of Oregon, Mr. Roberts, Mr.
Goss, Mr. Armey, and Mr. Whitten.
H.R. 3656: Mr. Coyne, Mrs. Thurman, Mr. Mann, and Mr.
Fingerhut.
H.R. 3787: Mrs. Meyers of Kansas.
H.R. 3843: Mrs. Johnson of Connecticut.
H.R. 3854: Mr. Stump, Mr. Beilenson, and Mr. Frank of
Massachusetts.
H.R. 3866: Mr. Richardson, Mr. Wyden, Ms. Long, Ms.
Margolies-Mezvinsky, Ms. Furse, Mr. Thornton, and Mr. Barrett
of Wisconsin.
H.R. 3869: Mr. Foglietta.
H.R. 3906: Mr. Swift, Mr. McDade, Mrs. Unsoeld, Mr. Pickle,
Mr. Slattery, Mr. Visclosky, Mr. Wyden, Mrs. Meek of Florida,
Mr. Weldon, Mr. Parker, and Mr. Callahan.
H.R. 3907: Mrs. Unsoeld.
H.R. 3943: Mr. Clinger.
H.R. 3944: Mrs. Johnson of Connecticut.
H.R. 3948: Mr. Torkildsen.
H.R. 3951: Mr. Inglis of South Carolina and Mr. Pombo.
H.R. 3978: Mr. Royce.
H.R. 4024: Mr. Wynn, Ms. Furse, and Mr. DeFazio.
H.R. 4100: Mr. Klug, Mr. Zimmer, and Mr. Washington.
H.R. 4109: Mr. Miller of California and Mr. Fingerhut.
[[Page 774]]
H.R. 4211: Ms. Dunn and Mr. Gene Green of Texas.
H.R. 4271: Mr. Serrano, Mr. Hinchey, and Mr. Wilson.
H.R. 4296: Mr. Barrett of Wisconsin, Mr. Ackerman, Mr.
Reed, Mr. Menendez, Mr. Payne of New Jersey, and Mrs.
Roukema.
H.J. Res. 209: Mr. Lewis of Florida, Mr. Bilbray, Mr.
Torkildsen, Mrs. Meek of Florida, Ms. Lowey, Mr. Kingston,
Mr. Parker, Mr. Ehlers, Mr. Saxton, Mr. Abercrombie, and Mr.
Murtha.
H.J. Res. 276: Mr. McNulty, Mrs. Morella, Mr. Hansen, Ms.
Slaughter, Mr. Torres, Mr. Bunning, Mr. Regula, Mr. Bilbray,
Mr. Calvert, Mr. Minge, Mr. Edwards of Texas, Mr. Saxton, Mr.
Pete Geren of Texas, Mr. Gekas, Mr. Blackwell, Mr. Boehlert,
Mr. Tanner, Mr. Carr, Mr. Thomas of Wyoming, Mr. Foglietta,
Mr. Andrews of New Jersey, Mr. Coleman, Mr. Stokes, Mr.
Sawyer, Mr. Talent, Mr. Engel, Mr. Wheat, Ms. Velazquez, Mr.
Synar, Mr. Hamilton, Mr. Kildee, Mr. Bishop, Mr. Browder, Mr.
Myers of Indiana, Mr. Smith of Texas, Mr. Gallo, and Mr.
Livingston.
H.J. Res. 320: Mr. Gunderson and Mr. Evans.
H.J. Res. 342: Mr. Scott, Mr. Chapman, and Mr. Kopetski.
H. Con. Res. 15: Ms. Slaughter.
H. Con. Res. 84: Mr. Saxton, Mr. Gene Green of Texas, and
Mr. Faleomavaega.
H. Con. Res. 179: Mr. Chapman.
.
TUESDAY, MAY 3, 1994 (42)
Para. 42.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
HASTINGS, at 10:30 o'clock a.m., who laid before the House the following
communication:
House of Representatives,
Washington, DC, May 3, 1994.
I hereby designate the Honorable Alcee L. Hastings to act
as Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Whereupon, pursuant to the order of the House of Friday, February 11,
1994, Members were recognized for ``morning hour'' debates.
Para. 42.2 recess--10:55 a.m.
The SPEAKER pro tempore, Mr. HASTINGS, pursuant to clause 12 of rule
I, declared the House in recess until 12 o'clock noon.
Para. 42.3 after recess--12:00 noon
The SPEAKER pro tempore, Mr. KLEZCKA, called the House to order.
Para. 42.4 approval of the journal
The SPEAKER pro tempore, Mr. KLEZCKA, announced he had examined and
approved the Journal of the proceedings of Monday, May 2, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 42.5 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3088. A letter from the Secretary of Agriculture,
transmitting the annual report on foreign investment in U.S.
agricultural land through December 31, 1993, pursuant to 7
U.S.C. 3504; to the Committee on Agriculture.
3089. A letter from the Executive Director, Thrift
Depositor Protection Oversight Board and the Acting CEO,
Resolution Trust Corporation, transmitting the semiannual
report on the activities and efforts of the RTC, the FDIC,
and the Thrift Depositor Protection Oversight Board, pursuant
to section 21A(k)(5)(A) of the Federal Home Loan Bank Act; to
the Committee on Banking, Finance and Urban Affairs.
3090. A letter from the Deputy and Acting CEO, Resolution
Trust Corporation, transmitting the Corporation's 1993
semiannual progress report--covering the period June 30 to
December 31, 1993--on professional conduct investigations
pursuant to the provisions of section 2540 of the Crime
Control Act of 1990, pursuant to Public Law 101-647, section
2540 (104 Stat. 4885); to the Committee on Banking, Finance
and Urban Affairs.
3091. A letter from the Executive Director, District of
Columbia Retirement Board, transmitting financial disclosure
statements of board members, pursuant to D.C. Code, section
1-732, 1-734(a)(1)(A); to the Committee on the District of
Columbia.
3092. A letter from the Executive Director, District of
Columbia Retirement Board, transmitting the financial
disclosure statement of a board member, pursuant to D.C Code,
section 1-732, 1-734(a)(1)(A); to the Committee on the
District of Columbia.
3093. A letter from the Chairman, District of Columbia
Retirement Board, transmitting the board's fiscal year 1993
annual report, pursuant to D.C. Code, section 1-732, 1-
734(a)(1)(A); to the Committee on the District of Columbia.
3094. A letter from the Secretary of Education,
transmitting a copy of final regulations--Institutional
Eligibility Under the Higher Education Act of 1965, as
amended; eligibility of foreign medical schools under the
Guaranteed Student Loan Program, pursuant to 20 U.S.C.
1232(d)(1); to the Committee on Education and Labor.
3095. A letter from the Secretary of Education,
transmitting final regulations student assistance general
provisions, subpart E--verification of student aid
application information, pursuant to 20 U.S.C. 1232(d)(1); to
the Committee on Education and Labor.
3096. A letter from the Secretary of Education,
transmitting announcement of criteria for loan origination
for the 1995-1996 academic year, pursuant to 20 U.S.C.
1232(d)(1); to the Committee on Education and Labor.
3097. A letter from the Secretary of Education,
transmitting Secretary's procedures and criteria for
recognition of accrediting agencies, pursuant to 20 U.S.C.
1232(d)(1); to the Committee on Education and Labor.
3098. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the 13th report on
the activities of the Multinational Force and Observers [MFO]
and certain financial information concerning U.S. Government
participation in that organization, pursuant to 22 U.S.C.
3422(a)(2)(A); to the Committee on Foreign Affairs.
3099. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the Department's
report on nuclear nonproliferation policy in South Asia,
pursuant to 22 U.S.C. 2376(c); to the Committee on Foreign
Affairs.
3100. A letter from the Director, Office of Personnel
Management, transmitting the annual report of the Civil
Service Retirement and Disability Fund for fiscal year 1993,
pursuant to 5 U.S.C. 1308(a); to the Committee on Government
Operations.
3101. A letter from the Chairman, Federal Election
Commission, transmitting 62 recommendations for legislative
action, pursuant to 2 U.S.C. 438(a)(9); to the Committee on
House Administration.
3102. A letter from the Deputy Associate Director for
Compliance, Department of the Interior, transmitting
notification of proposed refunds of excess royalty payments
in OCS areas, pursuant to 43 U.S.C. 1339(b); to the Committee
on Natural Resources.
3103. A letter from the Director, Office of Management and
Budget, transmitting a letter to express, in the strongest
possible terms, the administration's opposition to H.R. 4013,
which would bar the Department of Veterans Affairs [VA] from
reducing FTE's in the Veterans Health Administration [VHA]
during the next 5 years; to the Committee on Veterans'
Affairs.
3104. A letter from the Comptroller General of the United
States, General Accounting Office, transmitting GAO's review
of the actions taken with respect to the White House Travel
Office; jointly, to the Committees on Government Operations
and Post Office and Civil Service.
Para. 42.6 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed the following resolution:
S. Res. 206
Whereas all American Presidents affect history in their own
way, but few have made more history or shaped the history of
their times more than Richard Nixon;
Whereas millions of men and women across America and around
the world mourn the death of the 37th President of the United
States;
Whereas he will be remembered for his foreign policy
accomplishments, and for his dedication to peace;
Whereas in his first inaugural address, President Nixon
said ``The greatest honor that history can bestow is the
title peacemaker.'';
Whereas because of his efforts as President to improve
relations with the then-Soviet Union, to bring China out of
isolation, and to forge peace in the Middle East, Richard
Nixon more than earned the title of peacemaker;
Whereas he traveled the world, speaking on behalf of
democracy, freedom, and peace;
Whereas he proposed a landmark family assistance program,
created the Environmental Protection Agency, expanded the
Food Stamp Program, backed the innovative program called
``revenue sharing'', signed the Consumer Product Safety Act,
and emphasized strengthening law enforcement;
Whereas more and more Americans have come to appreciate
President Nixon and his accomplishments;
Whereas they admire him not because he was perfect, but
because of his courage and perseverance, his intelligence and
his vision, the fact that he loved his family and because he
loved his country; and
Whereas whether it was facing an anti-American mob in
Venezuela, or going toe-to-toe with Khrushchev in the famed
``kitchen debate'', Richard Nixon always stood up for
America: Now, therefore, be it
Resolved, That the Senate directs that the eulogies offered
concerning the life of the Honorable Richard M. Nixon, former
President of the United States, former Vice President of the
United States, former Representative and former Senator from
the State of California be bound and printed as a Senate
Document.
Sec. 2. The Secretary communicate these resolutions to the
House of Representatives and transmit a copy thereof to the
family of the former President.
The message also announced that the Senate had passed without
amendment a joint resolution of the House of the following title:
[[Page 775]]
H.J. Res. 239. Joint resolution to authorize the President
to proclaim September 1994 as ``Classical Music Month''.
The message also announced that the Senate had passed a joint
resolution of the following title, in which the concurrence of the
House is requested:
S.J. Res. 146. Joint resolution designating May 1, 1994,
through May 7, 1994, as ``National Walking Week''.
The message also announced that pursuant to Public Law 103-227, the
Chair, on behalf of the majority leader, appointed Mr. Bingaman as a
member of the National Education Goals Panel.
Para. 42.7 communication from the clerk--message from the president
The SPEAKER pro tempore, Mr. KLEZCKA, laid before the House a
communication, which was read as follows:
House of Representatives,
Washington, DC, May 3, 1994.
Hon. Thomas S. Foley,
The Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
clause 5 of rule III of the Rules of the U.S. House of
Representatives, I have the honor to transmit a sealed
envelope received from the White House on Monday, May 3, 1994
at 3:58 p.m. and said to contain a special message from the
President whereby he transmits one revised deferral of budget
authority for HHS, totaling $7.3 million.
With great respect, I am
Sincerely yours,
Donnald K. Anderson,
Clerk, House of Representatives.
Para. 42.8 impoundment control
The Clerk then read the message from the President, as follows:
To the Congress of the United States:
In accordance with the Congressional Budget and Impoundment Control
Act of 1974, I herewith report one revised deferral of budget authority,
totaling $7.3 million.
The deferral affects the Department of Health and Human Services. The
details of the revised deferral is contained in the attached report.
William J. Clinton.
The White House, May 2, 1994.
The message, together with the accompanying papers, was referred to
the Committee on Appropriations and ordered to be printed (H. Doc. 103-
251).
Para. 42.9 temporary airport improvement program
Mr. OBERSTAR moved to suspend the rules and pass the bill of the
Senate (S. 2024) to provide temporary obligational authority for the
airport improvement program and to provide for certain airport fees to
be maintained at existing levels for up to 60 days, and for other
purposes; as amended.
The SPEAKER pro tempore, Mr. KLEZCKA, recognized Mr. OBERSTAR and Mr.
CLINGER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. KLEZCKA, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
Para. 42.10 national flood insurance reform
Mr. KENNEDY moved to suspend the rules and pass the bill (H.R. 3191)
to revise the national flood insurance program to promote compliance
with requirements for mandatory purchase of flood insurance, to provide
assistance for mitigation activities designed to reduce damages to
structures subject to flooding and shoreline erosion, and to increase
the maximum coverage amounts under the program, and for other purposes;
as amended.
The SPEAKER pro tempore, Mr. KLEZCKA, recognized Mr. KENNEDY and Mr.
McCANDLESS, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. DARDEN, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. GOSS demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. DARDEN, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
Para. 42.11 providing for the consideration of h.r. 3254
Mr. HALL of Ohio, by direction of the Committee on Rules, called up
the following resolution (H. Res. 414):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 3254) to authorize appropriations for the
National Science Foundation, and for other purposes. The
first reading of the bill shall be dispensed with. General
debate shall be confined to the bill and shall not exceed one
hour equally divided and controlled by the chairman and
ranking minority member of the Committee on Science, Space,
and Technology. After general debate the bill shall be
considered for amendment under the five-minutes rule. It
shall be in order to consider as an original bill for the
purpose of amendment under the five-minute rule the amendment
in the nature of a substitute recommended by the Committee on
Science, Space, and Technology now printed in the bill. The
committee amendment in the nature of a substitute shall be
considered by title rather than by section. Each title of the
committee amendment in the nature of a substitute shall be
considered as read. Points of order against the committee
amendment in the nature of a substitute for failure to comply
with clause 5(a) of rule XXI are waived. At the conclusion of
consideration of the bill for amendment the Committee shall
rise and report the bill to the House with such amendments as
may have been adopted. Any Member may demand a separate vote
in the House on any amendment adopted in the Committee of the
Whole to the bill or to the committee amendment in the nature
of a substitute. The previous question shall be considered as
ordered on the bill and amendments thereto to final passage
without intervening motion except one motion to recommit with
or without instructions.
When said resolution was considered.
After debate,
On motion of Mr. HALL of Ohio, the previous question was ordered on
the resolution to its adoption or rejection and under the operation
thereof, the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 42.12 nsf authorization
The SPEAKER pro tempore, Mr. DARDEN, pursuant to House Resolution 414
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 3254) to authorize appropriations for the National Science
Foundation, and for other purposes.
The SPEAKER pro tempore, Mr. DARDEN, by unanimous consent, designated
Mr. OBERSTAR as Chairman of the Committee of the Whole; and after some
time spent therein,
The SPEAKER pro tempore, Mr. BOUCHER, assumed the Chair.
When Mr. OBERSTAR, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
Para. 42.13 subpoena
The SPEAKER pro tempore, Mr. BOUCHER, laid before the House a
communication, which was read as follows:
House of Representatives,
Washington, DC, May 2, 1994.
Hon. Thomas S. Foley,
Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to rule L (50) of the Rules of the House of Representatives
that my office has been served with a subpoena for documents
issued by the United States District Court for the Southern
district of Georgia in connection with a civil case.
After consultation with the General Counsel, I will
determine if compliance with the subpoena is consistent with
the privileges and precedents of the House.
Sincerely,
Cynthia McKinney.
Para. 42.14 recess--3:20 p.m.
The SPEAKER pro tempore, Mr. HILLIARD, pursuant to clause 12 of rule
I, declared the House in recess at 3 o'clock and 20 minutes p.m., until
5 p.m.
[[Page 776]]
Para. 42.15 after recess--5:02 p.m.
The SPEAKER pro tempore, Mr. HILLIARD, called the House to order.
Para. 42.16 h.r. 3191--unfinished business
The SPEAKER pro tempore, Mr. HILLIARD, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and pass the bill (H.R. 3191) to revise the national flood insurance
program to promote compliance with requirements for mandatory purchase
of flood insurance, to provide assistance for mitigation activities
designed to reduce damages to structures subject to flooding and
shoreline erosion, and to increase the maximum coverage amounts under
the program, and for other purposes; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
335
<3-line {>
affirmative
Nays
60
Para. 42.17 [Roll No. 149]
YEAS--335
Abercrombie
Ackerman
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Bachus (AL)
Baesler
Baker (LA)
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bishop
Blute
Boehlert
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Buyer
Byrne
Callahan
Calvert
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
Derrick
Deutsch
Diaz-Balart
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallo
Gejdenson
Gephardt
Geren
Gilchrest
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastert
Hastings
Hayes
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutto
Hyde
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Lowey
Machtley
Maloney
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Michel
Miller (CA)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Morella
Murphy
Murtha
Nadler
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roemer
Rogers
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spratt
Stark
Stenholm
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Volkmer
Walsh
Waters
Watt
Waxman
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Zimmer
NAYS--60
Allard
Archer
Armey
Baker (CA)
Ballenger
Barton
Bilirakis
Bliley
Bunning
Burton
Camp
Canady
Cox
Crane
DeLay
Dickey
Dornan
Dreier
Duncan
Dunn
Ehlers
Fields (TX)
Fowler
Gekas
Gibbons
Gillmor
Goss
Hancock
Hansen
Hefley
Hoekstra
Hutchinson
Inglis
Johnson, Sam
Kim
Lewis (FL)
McCollum
McInnis
Mica
Miller (FL)
Moorhead
Packard
Paxon
Roberts
Rohrabacher
Royce
Schroeder
Sensenbrenner
Shaw
Smith (MI)
Smith (TX)
Solomon
Spence
Stearns
Stump
Thurman
Upton
Vucanovich
Walker
Zeliff
NOT VOTING--37
Andrews (ME)
Bateman
Blackwell
Boehner
Collins (GA)
DeLauro
Dellums
Dicks
Doolittle
Fingerhut
Fish
Gallegly
Grandy
Hefner
Hoke
Lewis (GA)
Long
Mann
Moran
Myers
Neal (MA)
Pryce (OH)
Ridge
Sangmeister
Santorum
Schaefer
Smith (OR)
Stokes
Taylor (NC)
Thornton
Visclosky
Washington
Weldon
Wheat
Whitten
Williams
Young (FL)
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 42.18 permission to file conference report
On motion of Mr. SABO, by unanimous consent, the managers on the part
of the House were granted permission until midnight tonight to file a
conference report on the concurrent resolution (H. Con. Res. 218)
setting forth the congressional budget for the United States Government
for fiscal years 1995, 1996, 1997, 1998, and 1999; together with a
statement thereon, for printing in the Record under the rule.
Para. 42.19 national random acts of kindness week
On motion of Ms. BYRNE, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the joint resolution (H.J. Res. 357) designating the week beginning
February 12, 1995, as ``National Random Acts of Kindness Week''.
When said joint resolution was considered, read twice, ordered to be
engrossed and read a third time, was read a third time by title, and
passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
Para. 42.20 national walking week
On motion of Ms. BYRNE, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the joint resolution of the Senate (S.J. Res. 146) designating May 1,
1994, through May 7, 1994, as ``National Walking Week''.
When said joint resolution was considered, read twice, ordered to be
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 42.21 d-day national remembrance day
On motion of Ms. BYRNE, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the joint resolution (H.J. Res. 303) designating June 6, 1994, as ``D-
Day National Remembrance Day''.
When said joint resolution was considered, read twice, ordered to be
engrossed and read a third time, was read a third time by title, and
passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
[[Page 777]]
Para. 42.22 senate joint resolution referred
A joint resolution of the Senate of the following title was taken from
the Speaker's table and, under the rule, referred as follows:
S.J. Res. 146. Joint resolution designating May 1, 1994,
through May 7, 1994, as ``National Walking Week.'' Referred
to the Committee on Post Office and Civil Service.
Para. 42.23 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. COLLINS of Georgia, for today and May 4;
To Ms. LONG, for today and May 4;
To Mr. MANN, for today; and
To Ms. DeLAURO, for today after 5 p.m.
And then,
Para. 42.24 adjournment
On motion of Mr. SWETT, at 7 o'clock and 10 minutes p.m., the House
adjourned.
Para. 42.25 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BLACKWELL:
H.R. 4323. A bill to require ammunition to bear serial
numbers; to the Committee on the Judiciary.
By Mr. BOEHNER:
H.R. 4324. A bill to require the Secretary of the Treasury
to mint coins in commemoration of the 200th anniversary of
the signing of the Treaty of Greene Ville at Fort Greene
Ville, OH; to the Committee on Banking, Finance and Urban
Affairs.
By Mr. BORSKI:
H.R. 4325. A bill to exclude certain retirement accounts
for purposes of determining eligibility to receive food stamp
benefits, aid to families with dependent children,
supplemental security income benefits, and Medicaid benefits;
jointly, to the Committees on Agriculture and Ways and Means.
By Mr. BREWSTER (for himself, Mr. Houghton, Mr.
Gephardt, Mr. Shaw, and Mr. Kopetski):
H.R. 4326. A bill to amend the Internal Revenue Code of
1986 to limit the applicability of the generation-skipping
transfer tax; to the Committee on Ways and Means.
By Mr. CASTLE:
H.R. 4327. A bill to eliminate franked mail for the House
of Representatives, and for other purposes; jointly, to the
Committees on House Administration, Post Office and Civil
Service, and Rules.
By Mr. CONYERS (for himself and Mr. Clinger):
H.R. 4328. A bill to amend the Office of Federal
Procurement Policy Act to reform the Federal acquisition
process, and for other purposes; to the Committee on
Government Operations.
By Mr. de la GARZA (for himself (by request) and Mr.
Stenholm):
H.R. 4329. A bill to amend the Federal Insecticide,
Fungicide, and Rodenticide Act, and for other purposes; to
the Committee on Agriculture.
By Mr. DERRICK (for himself, Mr. Clyburn, Mr. Ravenel,
Mr. Spence, and Mr. Spratt):
H.R. 4330. A bill to establish the South Carolina National
Heritage Corridor, and for other purposes; to the Committee
on Natural Resources.
By Ms. FURSE:
H.R. 4331. A bill to terminate the C-17 aircraft program
after fiscal year 1995 and provide for a program to meet the
remaining strategic airlift requirements of the Department of
Defense with nondevelopmental aircraft; to the Committee on
Armed Services.
By Mr. McCLOSKEY (for himself and Mr. Stark):
H.R. 4332. A bill to set forth the policy of the United
States for nuclear nonproliferation; to the Committee on
Foreign Affairs.
By Mr. SKAGGS (for himself and Mrs. Schroeder):
H.R. 4333. A bill to designate certain lands in Rocky
Mountain National Park as wilderness, and for other purposes;
to the Committee on Natural Resources.
By Mr. UNDERWOOD:
H.R. 4334. A bill to amend title 10, United States Code, to
authorize the Secretary of Defense to provide assistance to
promote public participation in defense environmental
restoration activities; to the Committee on Armed Services.
By Mr. YOUNG of Alaska (for himself, Mrs. Unsoeld, and
Mr. Dicks):
H.R. 4335. A bill to authorize certain U.S.-flag fishing
and fish processing vessels to be chartered or sold to
foreign citizens and transferred to foreign registry without
approval by the Secretary of Transportation, and to establish
limitations on the authority of those vessels to thereafter
operate in the fisheries and coastwise trade of the United
States; to the Committee on Merchant Marine and Fisheries.
By Mr. EWING :
H. Res. 415. Resolution providing for the consideration of
the bill (H.R. 830) to amend title 5, United States Code, to
clarify procedures for judicial review of Federal agency
compliance with regulatory flexibility analysis requirements,
and for other purposes; to the Committee on Rules.
Para. 42.26 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
358. By the SPEAKER: Memorial of the House of
Representatives of the State of Idaho, relative to Federal
Cropland Set-aside Program; to the Committee on Agriculture.
359. Also, memorial of the House of Representatives of the
State of Idaho, relative to continued Federal commitment to
Railroad Retirement System; to the Committee on Energy and
Commerce.
360. Also, memorial of the House of Representatives of the
State of Idaho, relative to Laotian POW/MIA cases; to the
Committee on Foreign Affairs.
361. Also, memorial of the House of Representatives of the
State of Idaho, relative to allowing States to tax mail-order
sales; to the Committee on the Judiciary.
362. Also, memorial of the House of Representatives of the
State of Idaho, relative to critical habitat designation; to
the Committee on Merchant Marine and Fisheries.
363. Also, memorial of the Senate of the Commonwealth of
Virginia, relative to memorializing Congress to designate the
annual memorial service in Roanoke, as the Official National
EMS Memorial Service; to the Committee on Post Office and
Civil Service.
Para. 42.27 private bills and resolutions
Under clause 1 of rule XXII,.
Mr. ROSE introduced a bill (H.R. 4336) for the relief of
Mary J. Woodard; which was referred to the Committee on the
Judiciary.
Para. 42.28 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 70: Mr. Wyden.
H.R. 326: Mr. Weldon, Mr. Levy, Mr. Barton of Texas, Mr.
Mineta, Mr. Whitten, Mrs. Lloyd, Mr. Smith of New Jersey, and
Mr. Clyburn.
H.R. 518: Ms. English of Arizona, Mr. Machtley, Mr. Brown
of Ohio, Mr. Lewis of Georgia, and Mrs. Meek of Florida.
H.R. 794: Mr. Fingerhut, Mr. Sarpalius, Mr. Inslee, and Mr.
Hayes.
H.R. 1155: Mr. Gibbons.
H.R. 1719: Mr. King.
H.R. 1792: Mr. Pickett.
H.R. 1863: Mr. Calvert.
H.R. 1906: Mr. Dellums and Mr. Hinchey.
H.R. 2036: Mr. Wyden.
H.R. 2037: Mr. Wyden.
H.R. 2079: Mr. Payne of Virginia.
H.R. 2393: Mr. Bonilla, Mr. Wolf, and Ms. Pryce of Ohio.
H.R. 2484: Mr. Pomeroy and Mr. Sangmeister.
H.R. 2512: Mr. Nussle, Mr. Bartlett of Maryland, and Mr.
Smith of New Jersey.
H.R. 2758: Mr. King, Mr. Bacchus of Florida, Mr. Dornan,
Mr. Livingston, Mr. Walsh, Mr. Hoke, Mr. Kyl, Mrs. Byrne, and
Mr. Wilson.
H.R. 2896: Mrs. Meyers of Kansas.
H.R. 2898: Mr. Engel and Mr. Watt.
H.R. 3023: Mr. McKeon, Mr. Peterson of Minnesota, Mr.
Ackerman, Mr. Brewster, Mr. DeFazio, Mr. Inglis of South
Carolina, Mr. Clinger, Ms. Dunn, Mr. Darden, Mr. Fields of
Louisiana, and Mr. Thomas of Wyoming.
H.R. 3105: Mr. Lipinski.
H.R. 3238: Mr. Canady.
H.R. 3293: Mr. Taylor of Mississippi, Mr. Montgomery, and
Mrs. Kennelly,
H.R. 3367: Mr. Talent.
H.R. 3407: Mr. Brewster, Mr. Andrews of New Jersey, and Mr.
Inslee.
H.R. 3483: Mr. Bachus of Alabama.
H.R. 3698: Mr. Shays and Mr. Lewis of Florida.
H.R. 3771: Mr. Jefferson.
H.R. 3790: Mr. Stump and Mr. Barlow.
H.R. 3900: Mr. Engel and Ms. Furse.
H.R. 3913: Mr. Paxon and Mr. McCrery.
H.R. 3951: Mr. Peterson of Florida, Mr. McCloskey, and Mr.
Parker.
H.R. 3973: Mr. Neal of Massachusetts, Mr. McCloskey, Mr.
Beilenson, and Mr. Filner.
H.R. 4000: Mr. Goss and Mr. Ewing.
H.R. 4043: Mr. Jefferson, Mr. Ford of Tennessee, Mr.
McCrery, Mr. Dickey, Mr. Baker of Louisiana, Mr. Thornton,
Mr. Towns, Mr. Owens, Mr. Hayes, Ms. Waters, Ms. Lambert,
Mrs. Meek of Florida, Mr. Clyburn, Mr. Scott, Mr. Baesler,
Mr. Reynolds, Mr. Watt, and Mr. Parker.
H.R. 4050: Mr. Beilenson, Mr. Ackerman, and Mr. LaFalce.
H.R. 4051: Mr. Tucker.
H.R. 4052: Mr. Santorum, Mr. Taylor of North Carolina, Mr.
Wilson, Mr. Coble, Mr. Frost, Mr. Burton of Indiana, and Mr.
Blute.
H.R. 4056: Mr. McMillan, Mr. Moran, Mr. Miller of Florida,
Mr. Fingerhut, and Mr. Zimmer.
H.R. 4062: Mrs. Roukema, Ms. Eddie Bernice Johnson of
Texas, Mr. Owens, Mr. Washington, and Mr. Dellums.
H.R. 4091: Mr. Sabo and Mr. Stark.
H.R. 4100: Mr. Kildee.
H.R. 4129: Mr. Valentine, Mr. Clement, Mr. Wilson, Mr.
Walsh, Mr. Skeen, Mr. Clinger, Mr. Boehlert, Mr. Darden, and
Mrs. Mink of Hawaii.
H.R. 4148: Mr. Olver and Mr. Abercrombie.
H.R. 4189: Mr. McMillan, Mr. Klug, Mr. Inslee, Mr. Gillmor,
and Mr. Parker.
H.R. 4215: Mr. Armey.
H.R. 4260: Mr. Wyden, Mr. Hochbrueckner, Mr. Clement, Mr.
Foglietta, Mr. Wise, Mr. Filner, Mrs. Meek of Florida, and
Mr. Pastor.
[[Page 778]]
H.R. 4288: Mr. Gene Green of Texas and Mr. Frank of
Massachusetts.
H.J. Res. 44: Mr. Quillen.
H.J. Res. 129: Mr. Paxon.
H.J. Res. 209: Mr. Stenholm, Mr. Bishop, Mr. Browder, Mr.
Meehan, Mr. Flake, Mr. Gingrich, Mr. Sangmeister, Mr.
Peterson of Minnesota, Mr. Volkmer, and Mr. Hamilton.
H.J. Res. 276: Ms. Brown of Florida, Mr. Brown of
California, Mr. Torricelli, Mr. Fish, Mr. Mazzoli, Mr.
Gunderson, Mr. Cooper, Ms. Schenk, Mr. Oberstar, Mr.
Gingrich, Mr. Shays, Ms. McKinney, Mr. Washington, Mr.
Mineta, Mr. Hamburg, Mr. Owens, Mr. Sundquist, Mrs. Collins
of Illinois, Mr. Fields of Louisiana, Mr. Duncan, Mr. Inhofe,
Mr. Gutierrez, Mr. Deutsch, Ms. Kaptur, Mr. Coble, Mr.
Coppersmith, Mrs. Maloney, Mr. Clyburn, Mr. Packard, Ms.
Eshoo, Mr. Lewis of California, Mr. Watt, Mr. Gilman, Mr.
Barrett of Wisconsin, Mr. McInnis, Mr. Fazio, Mr. Franks of
New Jersey, Mrs. Fowler, Mr. Chapman, Mr. Mfume, Mr.
Greenwood, Mr. Kennedy, Mr. Crane, and Mr. McCloskey.
H.J. Res. 303: Mr. Berman, Mr. Andrews of New Jersey, Mr.
Calvert, Mr. Stupak, Mr. Weldon, Mr. Clement, Mr. Fawell,
Mrs. Kennelly, Mr. Clinger, Mr. Diaz-Balart, Mr. Hastings,
Mr. Fingerhut, and Mr. Horn.
H.J. Res. 315: Mr. Blackwell, Mr. Costello, Mr. Crane, Mr.
DeLay, Mr. Dreier, Ms. Dunn, Mr. Ford of Michigan, Mr.
Gallegly, Mr. Gekas, Mr. Gunderson, Mr. Hefner, Mr. Hansen,
Mr. Hobson, Mr. Hutchinson, Mr. Jefferson, Mr. Kasich, Mr.
Lantos, Mr. Lewis of California, Mr. Lightfoot, Mr. McCrery,
Ms. McKinney, Mrs. Maloney, Mr. Moran, Mr. Petri, Mr. Quinn,
Mr. Reynolds, Mr. Ridge, Mr. Roemer, Mr. Rush, Mr. Saxton,
Mr. Scott, Mr. Stupak, Mr. Tucker, Mr. Visclosky, Mr. Wheat,
and Mr. Young of Florida.
H.J. Res 327: Mr. Borski, Mr. McCloskey, Mr. Blute, Mr.
Kolbe, Mr. Greenwood, Mr. Glickman, Mr. Hoyer, Mr. Gejdenson,
Mr. Smith of Texas, and Mr. Flake.
H.J. Res. 354: Mr. Klein, Mr. Machtley, Mr. Frank of
Massachusetts, Mr. Fish, Mr. Neal of Massachusetts, Mr.
Vento, Mr. Smith of Texas, Mrs. Myers of Indiana, Mr. Hughes,
Mr. Gekas, Mr. Glickman, Mr. Frost, Mr. Barrett of Wisconsin,
Mr. Lancaster, Mr. Engel, Mrs. Byrne, Mr. Emerson, and Mr.
Lantos.
H.J. Res. 359: Mr. Wolf, Mr. Bevill, Mr. Spratt, Mrs.
Roukema, Mr. King, Mr. Kasich, Mr. Tanner, Mr. de la Garza,
Mr. Lipinski, Mr. Synar, and Mr. Dixon.
H. Con. Res. 199: Mr. Rahall, Ms. Long, and Ms. McKinney.
H. Con. Res. 231: Mr. Porter and Mr. Lewis of Georgia.
H. Res. 144: Mr. Traficant.
H. Res. 381: Mr. Armey.
H. Res. 390: Mr. DeFazio.
Para. 42.29 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 3266: Mr. Sarpalius.
.
WEDNESDAY, MAY 4, 1994 (43)
The House was called to order by the SPEAKER.
Para. 43.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Tuesday, May 3, 1994.
Mr. BALLENGER, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Mr. BALLENGER objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
257
When there appeared
<3-line {>
Nays
154
Para. 43.2 [Roll No. 150]
YEAS--257
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Browder
Brown (FL)
Brown (OH)
Bryant
Byrne
Calvert
Cantwell
Cardin
Carr
Chapman
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Greenwood
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastert
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Houghton
Hoyer
Hughes
Hutto
Inglis
Inslee
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kasich
Kennedy
Kennelly
Kildee
Kingston
Kleczka
Klein
Klink
Kopetski
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Livingston
Lloyd
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCrery
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Poshard
Price (NC)
Rahall
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spratt
Stark
Stenholm
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--154
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Camp
Canady
Castle
Clay
Coble
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Ewing
Fawell
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gingrich
Goodlatte
Goodling
Goss
Grams
Gunderson
Hancock
Hansen
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Huffington
Hunter
Hutchinson
Hyde
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kim
King
Klug
Knollenberg
Kolbe
Kreidler
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Machtley
Manzullo
McCandless
McCollum
McDade
McHugh
McInnis
McKeon
Meyers
Mica
Michel
Molinari
Moorhead
Morella
Murphy
Nussle
Oxley
Packard
Paxon
Petri
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Zeliff
Zimmer
NOT VOTING--21
Brooks
Brown (CA)
Collins (GA)
Dellums
Doolittle
Fields (TX)
Grandy
Johnson (GA)
Kaptur
LaFalce
Long
McMillan
Moran
Myers
Rangel
Ridge
Stokes
Washington
Wheat
Whitten
Young (FL)
So the Journal was approved.
Para. 43.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3105. A letter from the Secretary of Housing and Urban
Development, transmitting a report on the evaluation of the
FHIP private enforcement initiative testing demonstration; to
the Committee on Banking, Finance and Urban Affairs.
3106. A letter from the Secretary of Education,
transmitting final regulations--student assistance general
provisions, pursuant to 20 U.S.C. 1232(d)(i); to the
Committee on Education and Labor.
3107. A letter from the Secretary of Education,
transmitting final regulations student assistance general
provisions--Campus
[[Page 779]]
Security Act, pursuant to 20 U.S.C. 1232(d)(1); to the
Committee on Education and Labor.
3108. A letter from the Secretary of Education,
transmitting a copy of final regulations--State Postsecondary
Review Program, pursuant to 20 U.S.C. 1232(d)(1); to the
Committee on Education and Labor.
3109. A letter from the Secretary of Education,
transmitting a copy of final regulations--Federal family
Education Loan Program, pursuant to 20 U.S.C. 1232(d)(1); to
the Committee on Education and Labor.
3110. A letter from the Secretary of Education,
transmitting a copy of final regulations--Institutional
Eligibility Under the Higher Education Act of 1965, as
amended, pursuant to 20 U.S.C. 1232(d)(1); to the Committee
on Education and Labor.
3111. A letter from the Chairman, First South Production
Credit Association, transmitting the annual report of the
Production Credit Association--Fifth Farm Credit District
retirement plan for 1993, pursuant to 31 U.S.C.
9503(a)(1)(B); to the Committee on Government Operations.
3112. A letter from the Secretary of Transportation,
transmitting the annual report of the Maritime Administration
for fiscal year 1993, pursuant to 46 U.S.C. app. 1118; to the
Committee on Merchant Marine and Fisheries.
3113. A letter from the Secretary of Transportation,
transmitting the 11th annual report of accomplishments under
the Airport Improvement Program for the fiscal year 1993,
pursuant to 49 U.S.C. app. 2203(b)(2); to the Committee on
Public Works and Transportation.
3114. A letter from the U.S. Trade Representative,
transmitting a report on action taken as a result of the six
investigations initiated in 1989 on priority practices
identified under the statute commonly known as Super 301; to
the Committee on Ways and Means.
3115. A letter from the Acting General Counsel, Department
of Defense, transmitting a draft of proposed legislation to
authorize certain military activities of the Department of
Defense; jointly, to the Committees on Armed Services and
Post Office and Civil Service.
3116. A letter from the Assistant Secretary for
Environmental Management, Department of Energy, transmitting
a report on the environmental assessment of urgent-relief
acceptance of foreign research reactor spent nuclear fuel;
jointly, to the Committees on Energy and Commerce and
Merchant Marine and Fisheries.
Para. 43.4 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. McCathran, one of his secretaries.
Para. 43.5 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed without amendment a bill and a concurrent
resolution of the House of the following titles:
H.R. 4204. An Act to designate the Federal building located
at 711 Washington Street in Boston, Massachusetts, as the
``Jean Mayer Human Nutrition Research Center on Aging.''
H. Con. Res. 237. Concurrent resolution authorizing the use
of the Capitol grounds for the 13th annual National Peace
Officers' Memorial Service.
The message also announced that the Senate had passed with an
amendment in which the concurrence of the House is requested, a bill of
the House of the following title:
H.R. 1305. An Act to make boundary adjustments and other
miscellaneous changes to authorities and programs of the
National Park Service.
The message also announced that the Senate disagreed to the amendments
of the House to the bill (S. 2000) an act to authorize appropriations
for fiscal years 1995 through 1998 to carry out the Head Start Act and
the Community Services Block Grant Act, and for other purposes, agreed
to the conference asked by the House on the disagreeing votes of the two
houses thereon, and appointed Mr. Kennedy, Mr. Dodd, Mr. Metzenbaum, Mr.
Pell, Mrs. Kassebaum, Mr. Jeffords, and Mr. Coats, to be the conferees
on the part of the Senate.
Para. 43.6 submission of conference report--h. con. res. 218
Mr. SABO submitted a conference report (Rept. No. 103-490) on the
concurrent resolution (H. Con. Res. 218) setting forth the congressional
budget for the United States Government for fiscal years 1995, 1996,
1997, 1998, and 1999; together with a statement thereon, for printing in
the Record under the rule.
Para. 43.7 message from the president--district of columbia budget
The SPEAKER pro tempore, Mr. WISE, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
In accordance with the District of Columbia Self-Government and
Governmental Reorganization Act, I am transmitting the District of
Columbia Government's 1995 budget request and 1994 revised budget
request.
The District of Columbia Government has submitted a 1995 budget
request for $3,409 million in 1995 that includes a Federal payment of
$674 million, the amount authorized and requested by the Mayor and the
City Council. The 1995 Federal payment level proposed in my fiscal year
1995 budget of $670 million is also included in the District's 1995
budget as an alternative level. My transmittal of the District's budget,
as required by law, does not represent an endorsement of its contents.
I look forward to working with the Congress throughout the 1995
appropriations process.
William J. Clinton.
The White House, May 4, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Appropriations and ordered to
be printed (H. Doc. 103-252).
Para. 43.8 nsf authorization
The SPEAKER pro tempore, Mrs. MEEK, pursuant to House Resolution 414
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 3254) to authorize appropriations for the National
Science Foundation, and for other purposes.
Mr. WISE, Acting Chairman, assumed the chair; and after some time
spent therein,
Para. 43.9 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. BOEHLERT:
Page 3, line 15 through page 7, line 8, amend subsections
(b) and (c) to read as follows:
(b) Fiscal Year 1995.--(1) There are authorized to be
appropriated to the Foundation $3,150,000,000 for fiscal year
1995, which shall be available for the following categories:
(A) Research and Related Activities, $2,254,800,000, which
shall be available for the following categories.
(i) Biological Sciences, $298,800,000.
(ii) Computer and Information Science and Engineering,
$260,600,000.
(iii) Engineering, $311,500,000, of which $2,000,000 shall
be expended for primary materials processing research.
(iv) Geosciences, $421,300,000.
(v) Mathematical and Physical Sciences, $636,300,000.
(vi) Social, Behavioral, and Economic Science,
$104,800,000.
(vii) United States Polar Research Programs, $158,800,000.
(viii) United States Antarctic Logistical Activities
$62,600,000.
(B) Education and Human Resources, $586,000,000.
(C) Academic Research Facilities Modernization Program
$110,000,000.
(D) Major Research Equipment, $70,000,000.
(E) Salaries and Expenses, $120,000,000.
(F) Office of Inspector General, $4,000,000.
(G) Headquarters Relocation, $5,200,000.
(2) Of the amount authorized under paragraph (1)(A) and
(B)--
(A) $35,000,000 are authorized for activities authorized by
the Scientific and Advanced-Technology Act of 1992.
(B) $30,000,000 are authorized for activities authorized by
section 305 of the High-Performance Computing Act of 1991;
(C) $45,000,000 are authorized for activities authorized by
section 307 of the High-Performance Computing Act of 1991;
and
(D) $16,000,000 are authorized for activities authorized by
section 309 of the High-Performance Computing Act of 1991.
(3) No funds shall be expended for fiscal year 1995 for the
Critical Technologies Institute.
(c) Fiscal Year 1996.--(1) There are authorized to be
appropriated to the Foundation $3,234,000,000 for fiscal year
1996, which shall be available for the following categories:
(A) Research and Related Activities, $2,299,800,000, which
shall be available for the following subcategories:
(i) Biological Sciences, $304,100,000.
(ii) Computer and Information Science and Engineering,
$273,600,000.
(iii) Engineering, $324,500,000, of which $2,500,000 shall
be expended for primary materials processing research.
(iv) Geosciences, $426,200,000.
(v) Mathematical and Physical Sciences, $640,100,000.
(vi) Social, Behavorial, and Economic Sciences,
$110,500,000.
(vii) United States Polar Research Programs, $158,200,000.
(viii) United States Antarctic Logistical Activities,
$62,600,000.
(B) Education and Human Resources, $586,000,000.
[[Page 780]]
(C) Academic Research Facilities Modernization Program,
$150,000,000.
(D) Major Research Equipment, $67,000,000.
(E) Salaries and Expenses, $122,000,000.
(F) Office of Inspector General, $4,000,000.
(G) Headquarters Relocation, $5,200,000.
(2) Of the amounts authorized under paragraph (1)(A) and
(B)--
(A) $35,000,000 are authorized for activities authorized by
the Scientific Advanced-Technology Act of 1992;
(B) $50,000,000 are authorized for activities authorized by
section 305 of the High-Performance Computing Act of 1991;
(C) $60,000,000 are authorized for activities authorized by
section 307 of the High-Performance Computing Act of 1991;
and
(D) $22,000,000 are authorized for activities authorized by
section 309 of the High-Performance Computing Act of 1991.
(3) No funds shall be expended for fiscal year 1996 for the
Critical Technologies Institute.
It was decided in the
Yeas
227
<3-line {>
affirmative
Nays
197
Para. 43.10 [Roll No. 151]
AYES--227
Allard
Andrews (NJ)
Andrews (TX)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barca
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Brewster
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cardin
Castle
Chapman
Clement
Clinger
Coble
Combest
Condit
Cooper
Coppersmith
Cox
Crane
Crapo
Cunningham
Danner
DeFazio
DeLay
Deutsch
Diaz-Balart
Dickey
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Emerson
English
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hoagland
Hobson
Hoekstra
Hoke
Holden
Horn
Houghton
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kaptur
Kasich
Kim
King
Kingston
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
Laughlin
Lazio
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Machtley
Manzullo
Margolies-Mezvinsky
Martinez
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meehan
Menendez
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Morella
Myers
Nussle
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Paxon
Penny
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Santorum
Saxton
Schaefer
Schiff
Schroeder
Schumer
Sensenbrenner
Shaw
Shays
Shepherd
Shuster
Sisisky
Skeen
Skelton
Slattery
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Stupak
Sundquist
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Visclosky
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--197
Abercrombie
Ackerman
Andrews (ME)
Applegate
Bacchus (FL)
Baesler
Barcia
Barlow
Becerra
Beilenson
Berman
Bevill
Bishop
Bonior
Borski
Boucher
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Carr
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cramer
Darden
de la Garza
de Lugo (VI)
Deal
DeLauro
Dellums
Derrick
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Ehlers
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hochbrueckner
Hoyer
Huffington
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kennedy
Kennelly
Kildee
Kleczka
Kopetski
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Leach
Levin
Lewis (GA)
Lloyd
Lowey
Maloney
Mann
Manton
Markey
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meek
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Moran
Murphy
Murtha
Nadler
Neal (MA)
Norton (DC)
Oberstar
Obey
Olver
Owens
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickle
Pomeroy
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sarpalius
Sawyer
Schenk
Scott
Serrano
Skaggs
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Swett
Swift
Synar
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--13
Blackwell
Collins (GA)
Doolittle
Engel
Ford (MI)
Grandy
Long
Neal (NC)
Ridge
Romero-Barcelo (PR)
Sangmeister
Sharp
Washington
So the amendment was agreed to.
After some further time,
The SPEAKER pro tempore, Mr. SERRANO, assumed the Chair.
When Mr. OBERSTAR, Chairman, pursuant to House Resolution 414,
reported the bill back to the House with an amendment adopted by the
Committee.
The previous question having been ordered by said resolution.
Mr. SOLOMON demanded a separate vote on the amendment on section 213
at the end of title II (the SOLOMON amendment).
The question being put, viva voce,
Will the House agree to the following amendment on which a separate
vote had been demanded?
At the end of Title II, add the following new section:
SEC. 213. DENIAL OF AWARDS OF GRANTS OR CONTRACTS TO
EDUCATIONAL INSTITUTIONS WHICH PREVENT MILITARY
RECRUITING.
(a) Denial of Funds.--The Director may not make a grant or
award a contract to any educational institution that has a
policy of denying, or which effectively prevents, any of the
military services of the United States from obtaining for
military recruiting purposes--
(1) entry to campuses or access to students on campuses; or
(2) access to directory information pertaining to students;
consistent with applicable law.
(b) Procedures for Determination.--In determining
compliance with subsection (a), the Director shall--(1)
include on any grant or contract application questions as to
whether the educational institution has, by policy or
practice, effectively denied such entry or access for
recruiting purposes; and (2) inquire of the Department of
Defense whether such entry or access has been denied by an
institution before awarding such grant or contract to it.
(c) Definitions.--For purposes of this section--(1) the
term ``student'' means an individual enrolled in an
educational institution who is 17 years of age or older; and
(2) the term ``directory information'' means, with respect to
a student, the student's name, address, telephone listing,
date and place of birth, level of education, degrees
received, and the most recent educational institution
enrolled in by the student.
The SPEAKER pro tempore, Mr. SERRANO, announced that the yeas had it.
Mr. SOLOMON demanded a recorded vote on agreeing to said amendment,
which demand was supported by one-fifth of a quorum, so a recorded vote
was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
331
<3-line {>
affirmative
Nays
90
Para. 43.11 [Roll No. 152]
AYES--331
Ackerman
Allard
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clement
Clinger
Clyburn
Coble
Coleman
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeLay
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
[[Page 781]]
Emerson
English
Everett
Ewing
Fawell
Fazio
Fields (LA)
Fields (TX)
Fingerhut
Fish
Flake
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Frost
Gallegly
Gallo
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Hefner
Herger
Hilliard
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Kaptur
Kasich
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Machtley
Mann
Manton
Manzullo
Margolies-Mezvinsky
Martinez
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Menendez
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Neal (NC)
Nussle
Obey
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Richardson
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Rowland
Royce
Sabo
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schiff
Schumer
Sensenbrenner
Shaw
Shays
Shepherd
Shuster
Sisisky
Skeen
Skelton
Slattery
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Strickland
Stump
Stupak
Sundquist
Swett
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thurman
Torkildsen
Torricelli
Towns
Traficant
Upton
Valentine
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--90
Abercrombie
Andrews (NJ)
Barrett (WI)
Becerra
Beilenson
Berman
Bonior
Brown (CA)
Clay
Clayton
Collins (IL)
Collins (MI)
Conyers
Coyne
DeFazio
DeLauro
Dellums
Edwards (CA)
Ehlers
Engel
Eshoo
Evans
Farr
Filner
Foglietta
Ford (MI)
Frank (MA)
Furse
Gejdenson
Gephardt
Gutierrez
Hamburg
Harman
Hastings
Hinchey
Hoagland
Johnson, E.B.
Johnston
Kanjorski
Kennedy
Kopetski
Lewis (GA)
Lowey
Maloney
Markey
Matsui
McDermott
McKinney
Meehan
Meek
Mfume
Miller (CA)
Mineta
Mink
Moakley
Nadler
Neal (MA)
Oberstar
Olver
Owens
Payne (NJ)
Pelosi
Rangel
Reynolds
Rostenkowski
Roybal-Allard
Rush
Sanders
Schenk
Schroeder
Scott
Serrano
Skaggs
Slaughter
Stark
Stokes
Studds
Swift
Thompson
Thornton
Torres
Tucker
Unsoeld
Velazquez
Waters
Watt
Waxman
Woolsey
Wyden
Yates
NOT VOTING--11
Andrews (ME)
Blackwell
Bonilla
Collins (GA)
Doolittle
Grandy
Long
Ridge
Sangmeister
Sharp
Washington
So the amendment was agreed to.
The following amendment, as amended, was then agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Science Foundation
Authorization Act of 1994''.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``debt-for-science exchange'' means an
agreement whereby a portion of a nation's commercial external
debt burden is exchanged by the holder for a contribution of
local currencies or other assets to support scientific and
technological research;
(2) the term ``Director'' means the Director of the
Foundation;
(3) the term ``Foundation'' means the National Science
Foundation;
(4) the term ``institution of higher education'' has the
meaning given such term in section 1201(a) of the Higher
Education Act of 1965;
(5) the term ``national research facility'' means a
research facility funded by the Foundation which is
available, subject to appropriate policies allocating access,
for use by all scientists and engineers affiliated with
research institutions located in the United States;
(6) the term ``science-technology center'' has the meaning
given such term in section 231(f) of the Excellence in
Mathematics, Science, and Engineering Education Act of 1990,
and shall include both newly organized and established
science-technology centers; and
(7) the term ``United States'' means the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, Guam, American Samoa, the Commonwealth of
the Northern Mariana Islands, and any other territory or
possession of the United States.
TITLE I--NATIONAL SCIENCE FOUNDATION AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) Finding.--Congress finds that the programs of the
Foundation are important for the Nation to strengthen basic
research and develop human resources in science and
engineering, and that those programs should be funded at an
adequate level.
(b) Fiscal Year 1995.--(1) There are authorized to be
appropriated to the Foundation $3,150,000,000 for fiscal year
1995, which shall be available for the following categories:
(A) Research and Related Activities, $2,254,800,000, which
shall be available for the following subcategories:
(i) Biological Sciences, $298,800,000.
(ii) Computer and Information Science and Engineering,
$260,600,000.
(iii) Engineering, $311,500,000, of which $2,000,000 shall
be expended for primary materials processing research.
(iv) Geosciences, $421,300,000.
(v) Mathematical and Physical Sciences, $636,300,000.
(vi) Social, Behavioral, and Economic Sciences,
$104,800,000.
(vii) United States Polar Research Programs, $158,800,000.
(viii) United States Antarctic Logistical Activities,
$62,600,000.
(B) Education and Human Resources, $586,000,000.
(C) Academic Research Facilities Modernization Program,
$110,000,000.
(D) Major Research Equipment, $70,000,000.
(E) Salaries and Expenses, $120,000,000.
(F) Office of Inspector General, $4,000,000.
(G) Headquarters Relocation, $5,200,000.
(2) Of the amounts authorized under paragraph (1) (A) and
(B)--
(A) $35,000,000 are authorized for activities authorized by
the Scientific and Advanced-Technology Act of 1992;
(B) $30,000,000 are authorized for activities authorized by
section 305 of the High-Performance Computing Act of 1991;
(C) $45,000,000 are authorized for activities authorized by
section 307 of the High-Performance Computing Act of 1991;
and
(D) $16,000,000 are authorized for activities authorized by
section 309 of the High-Performance Computing Act of 1991.
(3) No funds shall be expended for fiscal year 1995 for the
Critical Technologies Institute.
(c) Fiscal Year 1996.--(1) There are authorized to be
appropriated to the Foundation $3,234,000,000 for fiscal year
1996, which shall be available for the following categories:
(A) Research and Related Activities, $2,299,800,000, which
shall be available for the following subcategories:
(i) Biological Sciences, $304,100,000.
(ii) Computer and Information Science and Engineering,
$273,600,000.
(iii) Engineering, $324,500,000, of which $2,500,000 shall
be expended for primary materials processing research.
(iv) Geosciences, $426,200,000.
(v) Mathematical and Physical Sciences, $640,100,000.
(vi) Social, Behavioral, and Economic Sciences,
$110,500,000.
(vii) United States Polar Research Programs, $158,200,000.
(viii) United States Antarctic Logistical Activities,
$62,600,000.
(B) Education and Human Resources, $586,000,000.
(C) Academic Research Facilities Modernization Program,
$150,000,000.
(D) Major Research Equipment, $67,000,000.
(E) Salaries and Expenses, $122,000,000.
(F) Office of Inspector General, $4,000,000.
(G) Headquarters Relocation, $5,200,000.
(2) Of the amounts authorized under paragraph (1) (A) and
(B)--
(A) $35,000,000 are authorized for activities authorized by
the Scientific Advanced-Technology Act of 1992;
(B) $50,000,000 are authorized for activities authorized by
section 305 of the High-Performance Computing Act of 1991;
(C) $60,000,000 are authorized for activities authorized by
section 307 of the High-Performance Computing Act of 1991;
and
(D) $22,000,000 are authorized for activities authorized by
section 309 of the High-Performance Computing Act of 1991.
(3) No funds shall be expended for fiscal year 1996 for the
Critical Technologies Institute.
(d) Meeting Funding Goals.--In allocating funds authorized
under subsections (b)(1)(A) and (c)(1)(A), the Foundation
shall give priority to meeting the funding goals established
for the Foundation for Presidential research initiatives by
the Federal Coordinating Council for Science, Engineering,
and
[[Page 782]]
Technology, or any successor entity which assumes its
responsibilities.
(e) Education Support for Underrepresented Groups.--In
allocating funds authorized under subsections (b)(1)(B) and
(c)(1)(B), the Foundation shall support education activities
to encourage the participation of women, minorities who are
underrepresented in science, engineering, and mathematics,
and persons with disabilities, and shall coordinate such
activities with related efforts of other Federal agencies.
SEC. 102. PROPORTIONAL REDUCTION OF RESEARCH AND RELATED
ACTIVITIES AMOUNTS.
If the amount appropriated pursuant to section 101(b)(1)(A)
or (c)(1)(A) is less than the amount authorized under that
subparagraph, the amount authorized for each subcategory
under that subparagraph shall be reduced by the same
proportion.
SEC. 103. CONSULTATION AND REPRESENTATION EXPENSES.
From appropriations made under authorizations provided in
this Act, not more than $10,000 may be used in each fiscal
year for official consultation, representation, or other
extraordinary expenses at the discretion of the Director. The
determination of the Director shall be final and conclusive
upon the accounting officers of the Government.
SEC. 104. TRANSFER OF FUNDS.
For any given fiscal year, the Director may propose
transfers to or from any category described in section 101 up
to a maximum of 10 percent of the amount authorized for that
category. An explanation of any such proposed transfer must
be transmitted in writing to the Committee on Science, Space,
and Technology of the House of Representatives, and the
Committees on Labor and Human Resources and Commerce,
Science, and Transportation of the Senate. The proposed
transfer may be made only after 30 calendar days have passed
after transmission of such written explanation.
TITLE II--GENERAL PROVISIONS
SEC. 201. ANNUAL REPORT.
Section 3 of the National Science Foundation Act of 1950
(42 U.S.C. 1862) is amended by striking subsection (f) and
inserting in lieu thereof the following new subsection:
``(f) The Foundation shall provide an annual report to the
President which shall be submitted by the Director to the
Congress at the time of the President's annual budget
submission. The report shall--
``(1) contain a strategic plan which--
``(A) defines for a three-year period the overall goals for
the Foundation and specific goals for each major activity of
the Foundation, including each scientific directorate, the
education directorate, and the polar programs office; and
``(B) describes how the identified goals relate to national
needs and will exploit new opportunities in science and
technology;
``(2) identify the criteria and describe the procedures
which the Foundation will use to assess progress toward
achieving the goals identified in accordance with paragraph
(1);
``(3) review the activities of the Foundation during the
preceding year which have contributed toward achievement of
goals identified in accordance with paragraph (1) and
summarize planned activities for the coming three years in
the context of the identified goals, with particular emphasis
on the Foundation's planned contributions to major multi-
agency research and education initiatives;
``(4) contain such recommendations as the Foundation
considers appropriate; and
``(5) include information on the acquisition and
disposition by the Foundation of any patents and patent
rights.''.
SEC. 202. NATIONAL RESEARCH FACILITIES.
(a) Facilities Plan.--The Director shall provide to
Congress annually, at the time of the President's budget
submission, a plan for construction of, and repair and
upgrades to, national research facilities. The plan shall
include estimates of the cost for such construction, repairs,
and upgrades, and estimates of the cost for the operation and
maintenance of existing and proposed new facilities. For
proposed new construction and for major upgrades to existing
facilities, the plan shall include funding profiles by fiscal
year and milestones for major phases of the construction. The
plan shall include cost estimates in the categories of
construction, repair, and upgrades for the year in which the
plan is submitted to Congress and for not fewer than the
succeeding 4 years.
(b) Limitation on Obligation of Unauthorized
Appropriations.--No funds appropriated for any project which
involves construction of new national research facilities or
construction necessary for upgrading the capabilities of
existing national research facilities shall be obligated
unless the funds are specifically authorized for such purpose
by this Act or any other Act which is not an appropriations
Act, or unless the total estimated cost to the Foundation of
the construction project is less than $50,000,000. This
subsection shall not apply to construction projects approved
by the National Science Board prior to June 30, 1993.
SEC. 203. ELIGIBILITY FOR RESEARCH FACILITY AWARDS.
Section 203(b) of the Academic Research Facilities
Modernization Act of 1988 is amended by striking the final
sentence of paragraph (3) and inserting in lieu thereof the
following: ``The Director shall give priority to institutions
or consortia that have not received such funds in the
preceding 5 years, except that this sentence shall not apply
to previous funding received for the same multiyear project.
The Director shall exclude from consideration for awards to
be made under the Program after fiscal year 1995 any
institutions or consortia which received funds, appropriated
for a fiscal year after fiscal year 1994, for the repair,
renovation, construction, or replacement of academic
facilities, from any Federal funding source for projects that
were not subjected to a competitive, merit-based award
process.''.
SEC. 204. ELIGIBILITY FOR PARTICIPATION IN INFORMAL SCIENCE
EDUCATION ACTIVITIES.
No science-technology center shall be disqualified from
competing for funding support under the informal science
education programs included within the Education and Human
Resources activities of the Foundation on the basis of the
geographic location of the center, the size of the population
served by the center, or the date on which the center
commences operation.
SEC. 205. SCIENCE AND ENGINEERING EQUAL OPPORTUNITIES ACT
AMENDMENTS.
The Science and Engineering Equal Opportunities Act (42
U.S.C. 1885 et seq.) is amended--
(1) by amending section 32 to read as follows:
``findings and policy
``Sec. 32. The national security and economic
competitiveness of the United States demand the full
development and use of the engineering, mathematical, and
scientific talents and skills of all its citizens. Past
discrimination, cultural barriers, unequal educational
opportunities, and other factors discourage women,
minorities, and persons with disabilities from studying and
working in engineering, mathematics, and science. The
Congress declares it is the policy of the United States to
encourage the participation in engineering, mathematics, and
science of members of the groups that are
underrepresented.'';
(2) in section 33--
(A) by amending the section head to read as follows:
``equal opportunities in science and engineering'';
(B) in paragraph (1)(A), by striking ``women'' and
inserting in lieu thereof ``women, minorities who are
underrepresented in science, engineering, and mathematics,
and persons with disabilities (collectively referred to in
this section as `members of underrepresented groups')'';
(C) in paragraph (2), by striking ``female students and to
increase female student awareness'' and inserting in lieu
thereof ``students who are members of underrepresented groups
and to make those students aware'';
(D) in paragraph (4), by striking ``research'';
(E) by amending paragraph (5) to read as follows:
``(5) support programs under which scientists and engineers
who are members of underrepresented groups interact with
elementary, secondary, and undergraduate students;'';
(F) in paragraph (8), by striking ``, to be known as the
National Research Opportunity Grants, to women scientists and
engineers'' and inserting in lieu thereof ``to scientists and
engineers who are members of underrepresented groups'';
(G) in paragraph (9), by striking ``such women'' and
inserting in lieu thereof ``such persons'';
(H) by striking ``and'' at the end of paragraph (10);
(I) by striking the period at the end of paragraph (11) and
inserting in lieu thereof ``; and'';
(J) by adding at the end the following:
``(12) support efforts to initiate and expand research
opportunities at institutions serving members of
underrepresented groups.
``(b) In carrying out activities under this section, the
Foundation may conduct or support activities in which
participation is limited to members of one or more
underrepresented groups.'';
(K) by inserting ``(a)'' after ``Sec. 33.''; and
(L) except as otherwise provided in this paragraph, by
striking ``women'' each place it appears and inserting in
lieu thereof ``members of underrepresented groups'';
(3) by striking section 34;
(4) in section 36(a), by inserting ``, persons with
disabilities'' after ``minorities'';
(5) in section 36(b), by striking the second sentence and
inserting in lieu the following: ``The Chairpersons of
relevant committees or subcommittees of the National Science
Board, as designated by the Chairperson of the Board, shall
be ex officio members of the Committee.'';
(6) in section 36 by striking subsections (c) and (d) and
redesignating subsections (e) and (f) as subsections (d) and
(e), respectively;
(7) in section 36 by inserting after subsection (b) the
following new subsection:
``(c) The Committee shall be responsible for reviewing and
evaluating all Foundation matters relating to participation
in, opportunities for, and advancement in education,
training, and research in science and engineering of members
of underrepresented groups.''; and
(8) in section 36(d), as redesignated by paragraph (6) of
this section, by striking ``additional''.
SEC. 206. ROLE OF THE FOUNDATION IN ECONOMIC COMPETITIVENESS.
The Foundation's efforts to improve the economic
competitiveness of the United States shall be in accord with
the functions of the Foundation as specified by section 3 of
the National Science Foundation Act of 1950. The primary
mission of the Foundation con-
[[Page 783]]
tinues to be the support of basic scientific research and
science education and the support of research fundamental to
the engineering process and engineering education.
SEC. 207. ADMINISTRATIVE AMENDMENTS.
(a) National Science Foundation Act of 1950 Amendments.--
The National Science Foundation Act of 1950 is amended--
(1) in section 4(e) (42 U.S.C. 1863(e)) by striking the
second and third sentences and inserting in lieu thereof the
following: ``The Board shall adopt procedures governing the
conduct of its meetings, including definition of a quorum and
delivery of notice of meetings to members of the Board.'';
(2) in section 5(e) (42 U.S.C. 1864(e)) by amending
paragraph (2) to read as follows:
``(2) Any delegation of authority or imposition of
conditions under paragraph (1) shall be promptly published in
the Federal Register and reported to the Committees on Labor
and Human Resources and Commerce, Science, and Transportation
of the Senate and the Committee on Science, Space, and
Technology of the House of Representatives.'';
(3) in section 14 (42 U.S.C. 1873) by striking subsection
(j); and
(4) in section 15(a) (42 U.S.C. 1874(a)) by striking
``Atomic Energy Commission'' and inserting in lieu thereof
``Secretary of Energy''.
(b) National Science Foundation Authorization Act of 1988
Amendments.--Section 117(a)(1)(B)(v) of the National Science
Foundation Authorization Act of 1988 is amended to read as
follows:
``(v) from schools established outside the several States
and the District of Columbia by any agency of the Federal
Government for dependents of its employees.''.
(c) National Science Foundation Authorization Act, 1977
Amendment.--Section 8 of the National Science Foundation
Authorization Act, 1977, is repealed.
SEC. 208. RESEARCH INSTRUMENTATION AND FACILITIES.
The Foundation shall incorporate the guidelines set forth
in Important Notice No. 91, dated March 11, 1983 (48 Fed.
Reg. 15754, April 12, 1983) relating to the use and operation
of Foundation-supported research instrumentation and
facilities, in its notice of Grant General Conditions, and
shall examine more closely the adherence of grantee
organizations to such guidelines.
SEC. 209. ENVIRONMENTALLY ADVANCED EDUCATION.
(a) Findings.--The Congress finds the following:
(1) Improving the general understanding of the
relationships between economic and technical activities and
the environment, and the opportunities for improvements in
such relations, is essential for the effective realization of
sustainable economic development.
(2) In post-secondary education, with the exception of
environmental specialists, environmental considerations are
typically not integrated into the required coursework for
technical, engineering, science, and related professions.
(3) The integration of environmental considerations into
all technical, engineering, science, and related professions
in a timely fashion is essential to better achieving
sustainable economic development.
(b) In General.--The Director shall establish a program to
promote the development and distribution of curriculum and
materials--
(1) at the primary and secondary levels that will improve
the understanding of the relationships between economic and
technical activities and the environment and the
opportunities for improving those relationships; and
(2) at the post-secondary level that will incorporate the
principles and practices of environmental soundness and total
cost accounting into all technical, engineering, design,
scientific, and related disciplines.
(c) Technical Programs.--(1) The Director shall ensure that
the special needs of technical programs of institutions
described in paragraph (2) are addressed in executing this
section, including disseminating information about practices
that exemplify environmentally sound practices.
(2)(A) Except as provided in subparagraph (B), institutions
referred to in paragraph (1) are institutions of higher
education (as determined under section 1201(a) of the Higher
Education Act of 1965 (20 U.S.C. 1141(a))) that offer a 2-
year associate-degree program, 2-year certificate program, or
other shorter program described in such section 1201(a).
(B) Notwithstanding section 1201(a)(4) of the Higher
Education Act of 1965, institutions referred to in paragraph
(1) may include proprietary institutions.
(d) Coordination.--The Director shall consult with the
heads of other agencies of the Federal Government, State and
local governments, educational institutions, and appropriate
private sector organizations, including accreditation boards
for engineering, technology, and design educational
institutions in executing this section.
SEC. 210. LIMITATION ON APPROPRIATIONS.
Notwithstanding any other provision of this Act, no funds
are authorized to be appropriated for any fiscal year after
fiscal year 1996 for carrying out the programs and activities
for which funds are authorized by this Act, or the amendments
made by this Act.
SEC. 211. INDIRECT COST REIMBURSEMENT.
(a) Limitation.--None of the funds authorized under section
101(b) may be awarded to any grantee who reported Federal
research grant outlays in excess of $10,000,000 in fiscal
year 1994, unless such grantee--
(1) agrees to notify the Foundation of the amount of any
increased indirect expense; and
(2) agrees to the permanent cancellation, in an amount that
equals the increased indirect expense, of its claims for the
portion of unliquidated obligations from prior year research
grants that comprise the indirect expense allocated to the
Foundation.
(b) Definition.--For purposes of this section, the term
``increased indirect expense'' means the amount by which the
grantee's claim for indirect expense allocated to the
Foundation for research grants for fiscal year 1995 exceeds
the amount of such claim for fiscal year 1994.
SEC. 212. AWARD OF GRANTS AND CONTRACTS: REQUIREMENT OF
COMPETITION.
(a) The Director may not make a grant or award a contract
to any institutions or consortia for the performance of
research and development, or for the construction of any
research or other facility, unless such grant or award is
made using a competitive, merit-based evaluation process.
(b)(1) A provision of law may not be construed as modifying
or superseding the provisions of subsection (a), or as
requiring funds to be made available by the Director to a
particular institution or consortium by grant or contract,
unless that provision of law--
(A) specifically refers to this section;
(B) specifically states that such provision of law modifies
or supersedes the provisions of this section; and
(C) specifically identifies the particular institution or
consortium involved and states that the grant to be made or
the contract to be awarded, as the case may be, pursuant to
such provision of law, is being made or awarded in
contravention to subsection (a).
(2) A grant may not be made, or a contract awarded,
pursuant to a provision of law that authorizes or requires
the making of the grant, or the awarding of the contract, in
a manner that is inconsistent with subsection (a) until--
(A) the Director submits to Congress a notice in writing of
the intent to make the grant or award the contract; and
(B) a period of 180 days has elapsed after the date on
which the notice is received by Congress.
SEC. 213. DENIAL OF AWARDS OF GRANTS OR CONTRACTS TO
EDUCATIONAL INSTITUTIONS WHICH PREVENT MILITARY
RECRUITING.
(a) Denial of Funds.--The Director may not make a grant or
award a contract to any educational institution that has a
policy of denying, or which effectively prevents, any of the
military services of the United States from obtaining for
military recruiting purposes--
(1) entry to campuses or access to students on campuses; or
(2) access to directory information pertaining to students;
consistent with applicable law.
(b) Procedures for Determination.--In determining
compliance with subsection (a), the Director shall--
(1) include on any grant or contract application questions
as to whether the educational institution has, by policy or
practice, effectively denied such entry or access for
recruiting purposes; and
(2) inquire of the Department of Defense whether such entry
or access has been denied by an institution before awarding
such grant or contract to it.
(c) Definitions.--For purposes of this section--
(1) the term ``student'' means an individual enrolled in an
educational institution who is 17 years of age or older; and
(2) the term ``directory information'' means, with respect
to a student, the student's name, address, telephone listing,
date and place of birth, level of education, degrees
received, and the most recent educational institution
enrolled in by the student.
SEC. 214. SENSE OF CONGRESS REQUIREMENT REGARDING NOTICE.
(a) Purchase of American-Made Equipment and Products.--In
the case of any equipment or products that may be authorized
to be purchased with financial assistance provided under this
Act, it is the sense of the Congress that entities receiving
such assistance should, in expending the assistance, purchase
only American-made equipment and products.
(b) Notice to Recipients of Assistance.--In providing
financial assistance under this Act, the Director shall
provide to each recipient of assistance a notice describing
the statement made in subsection (a) by the Congress.
TITLE III--ACADEMIC RESEARCH FACILITIES MODERNIZATION
SEC. 301. FINDINGS.
The Congress finds that--
(1) the deficiencies in the condition of buildings and
equipment used for the conduct of fundamental research and
related education programs at many universities and colleges
which are cited in section 202 of the Academic Research
Facilities Modernization Act of 1988 are substantially
unchanged;
(2) a national effort, involving the participation of
Federal and State governments and the private sector, is
required to make progress in improving the state of academic
research facilities; and
(3) because of the scale of the problem, the Federal effort
to upgrade academic research facilities must involve a
coordinated program among all Federal agencies which sponsor
research at academic institutions.
[[Page 784]]
SEC. 302. FACILITIES MODERNIZATION PLAN.
The Director of the Office of Science and Technology
Policy, through the Federal Coordinating Council for Science,
Engineering, and Technology, or any successor entity which
assumes its responsibilities, shall develop a plan for a
multiagency Federal program to provide financial support to
institutions of higher education for the repair, renovation,
or replacement of obsolete science and engineering facilities
primarily devoted to research. The plan shall--
(1) include participation by all Federal departments and
agencies which provide substantial Federal support for
research and development activities at institutions of higher
education;
(2) provide estimates of the level of funding required, by
department and agency, and period for which funding should be
provided to relieve substantially the backlog of research
facilities needs and to ensure that, at the conclusion of the
period proposed, the facilities available will be
satisfactory to support national research needs;
(3) take into consideration, for determining the
requirements of paragraph (2), ongoing efforts by Federal
departments and agencies, State governments, and the private
sector to upgrade research facilities;
(4) be designed to address the needs of the categories of
institutions eligible for awards under the Academic Research
Facilities Modernization Act of 1988;
(5) detail administrative procedures and guidelines for the
implementation of the modernization program; and
(6) state procedures and data collection steps which have
been implemented to assess the state of academic research
facilities and to measure the rate of progress in improving
the condition of the facilities.
Within 18 months after the date of enactment of this Act, the
Director of the Office of Science and Technology Policy shall
transmit to the Congress the plan developed under this
section.
SEC. 303. LIMITATION ON OBLIGATION OF UNAUTHORIZED
APPROPRIATIONS.
No funds appropriated to the Foundation for construction of
new facilities or construction necessary for upgrading the
capabilities of existing facilities at institutions eligible
for awards under the Academic Research Facilities
Modernization Act of 1988 shall be obligated unless the funds
are awarded in accordance with the requirements of the
Academic Research Facilities Modernization Act of 1988 or are
specifically authorized for such purpose by this Act or any
other Act which is not an appropriations Act.
TITLE IV--INTERNATIONAL SCIENTIFIC COOPERATION
SEC. 401. FINDINGS.
The Congress finds the following:
(1) Debt-for-science exchanges can provide an innovative
means to enhance scientific cooperation with countries whose
external debt burden prevents them from allocating sufficient
resources to their scientific and technological
infrastructures.
(2) Debt-for-science exchanges have been demonstrated to
improve the state of scientific research and education in
several countries, including Bolivia, Costa Rica, Ecuador,
Chile, and Mexico.
SEC. 402. DEBT-FOR-SCIENCE EXCHANGES.
(a) Debt-For-Science Exchange Grants.--The Director is
authorized to make grants to organizations within the United
States, including colleges and universities, for the purpose
of debt-for-science exchanges. Before making any grant under
this section, the Director shall ascertain that--
(1) funds resulting from the debt-for-science exchange will
be expended only for purposes of international cooperative
scientific research and development projects;
(2) the debt-for-science exchange will make funds available
for such projects which otherwise would not be available;
(3) the amount of local currency provided as a result of
the debt-for-science exchange will be substantially greater
than the United States dollar purchase price of the debt;
(4) the grantee certifies that the debtor government has
accepted the terms of the exchange and that an agreement has
been reached to cancel the commercial debt; and
(5) Federal grants made under this section will be equally
matched by non-Federal contributions to purchase debt.
(b) Investment of Government Assistance.--Grantees or
subgrantees of funds provided under this section may retain,
without deposit in the Treasury of the United States and
without further appropriation by Congress, interest earned on
the proceeds of any resulting debt-for-science exchange
pending disbursements of such proceeds and interest for
approved program purposes, which may include the
establishment of an endowment, the income of which is used
for such purposes.
(c) Coordination.--In carrying out subsection (a) the
Director shall coordinate with Federal agencies, such as the
Agency for International Development, that have expertise in
debt exchanges.
SEC. 403. NATIONAL SCIENCE FOUNDATION PARTICIPATION IN
BINATIONAL AND MULTINATIONAL ENDOWED SCIENCE
FOUNDATIONS.
The Director, in consultation with appropriate officials of
the United States and foreign countries, may encourage and
facilitate the establishment of binational and multinational
endowed science foundations, and may participate in the
operation and governance of such foundations, including
serving as a member of or designating members to the Boards
of Governors, if such foundations--
(1) have Boards of Governors whose members are chosen to
represent participating countries and possess expertise in
international scientific cooperation;
(2) have a structure and operational characteristics
determined exclusively by their Boards of Governors,
consistent with paragraph (3); and
(3) are established and governed in accordance with
charters which include provisions--
(A) to ensure that the funding of the endowment is shared
equitably among the participating nations, appropriate to
their economic resources;
(B) to protect the endowment's principal from loss of value
due to inflation;
(C) to define the range of scientific and educational
activities to be funded;
(D) to define criteria for application, merit review, and
awarding of funds which encompass, at a minimum,
consideration of scientific merit, strength of collaborative
arrangements, and potential benefit to participants;
(E) to limit administrative costs to those that are prudent
and necessary; and
(F) to engage an independent auditor to perform an annual
organization-wide audit of such foundations, in accordance
with generally accepted auditing standards, and to make the
results of the audit immediately available to the Director
and the Board of Governors.
SEC. 404. REPORT.
Within one year after the date of enactment of this Act,
the Director shall submit to the Congress a strategic plan
for international scientific cooperation activities
undertaken by the Foundation which--
(1) describes and evaluates all activities involving
international scientific cooperation currently carried out by
the Foundation;
(2) describes how these activities relate to ongoing and
prospective Foundation research and educational activities;
(3) details research activities and geographic areas where
international scientific cooperation has been most effective
and where it has been least effective;
(4) describes plans for future cooperative international
scientific projects; and
(5) assesses the research activities and geographic areas
where future international scientific cooperation would be
most effective.
TITLE V--UNDERGRADUATE EDUCATION
SEC. 501. REQUIREMENT FOR FUNDING.
Each educational institution that receives a research grant
from the Foundation in fiscal year 1995 shall, as a condition
of receiving such grant, provide to the Foundation the
following information on its undergraduate mathematics,
science, and engineering activities:
(1) A description of teacher training programs mandated by
the institution for teaching assistants, including the number
of training hours required.
(2) The institution's policy regarding the relative
importance of teaching and research duties in decisions on
promotion, tenure, and salary for faculty, including any
written policy with specific criteria.
(3) Any policy allowing faculty to replace university
salary with funds from outside sources, along with any policy
allowing faculty to replace all or part of the teaching load
with increased research.
(4) The number of faculty released from some or all of
their teaching responsibilities pursuant to a policy
described in paragraph (3), with the number replacing all or
some of their salary with Federal funds reported separately.
(5) The number and percentage of faculty, not including
those on regular sabbatical leave, teaching no undergraduate
courses.
(6) The number and percentage of faculty supported by
active Federal research grants teaching freshman or sophomore
lecture courses.
(7) The number and percentage of lecture sources taught by
individuals other than faculty.
(8) The number of students per course in each introductory
course.
Information shall be provided for the most recent academic
year for which it is available. For purposes of this section,
the term ``educational institution'' means an institution of
higher education that is ranked among the top 100 of the
institutions receiving Federal research and development
funding, as documented in the latest annual report of the
Foundation entitled ``Federal Support to Universities,
Colleges, and Selected Non-Profit Institutions''. The term
``faculty'' means tenured or tenure-track employees not
serving in full-time administrative positions. The Foundation
shall compile this information and submit it to the Congress
no later than December 31, 1995.
SEC. 502. RECOMMENDATIONS.
The Director shall transmit to the Congress, at the time of
the President's budget request for fiscal year 1997,
recommendations as to how Foundation research funds could be
used to increase the focus on undergraduate education at
institutions of higher education.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. SERRANO, announced that the yeas had it.
Mr. WALKER demanded a recorded vote on passage of said bill, which de-
[[Page 785]]
mand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
396
<3-line {>
affirmative
Nays
22
Para. 43.12 [Roll No. 153]
AYES--396
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crapo
Cunningham
Danner
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Dornan
Dreier
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Hilliard
Hoagland
Hobson
Hochbrueckner
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hutchinson
Hutto
Hyde
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Taylor (MS)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zimmer
NOES--22
Armey
Ballenger
Burton
Coble
Crane
Duncan
Goodling
Hancock
Herger
Hoekstra
Hunter
Inglis
Paxon
Ramstad
Roberts
Roth
Royce
Sensenbrenner
Solomon
Stump
Taylor (NC)
Zeliff
NOT VOTING--14
Blackwell
Collins (GA)
Darden
Doolittle
Fish
Grandy
Hinchey
Long
McCrery
Ridge
Sangmeister
Tauzin
Washington
Wheat
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 43.13 clerk to correct engrossment
On motion of Mr. BOUCHER, by unanimous consent,
Ordered, That in the engrossment of the foregoing bill, the Clerk be
authorized to correct section numbers, punctuation, cross references,
and to make other technical corrections.
Para. 43.14 subpoena
The SPEAKER pro tempore, Mr. SERRANO, laid before the House a
communication, which was read as follows:
House of Representatives,
Committee on Agriculture,
Washington, DC, April 6, 1994.
Hon. Thomas S. Foley,
Speaker of the House, House of Representatives, Washington,
DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that a member of my
Committee staff has been served with a subpoena issued by the
Superior Court for the District of Columbia.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
E K(ika) de la Garza,
Chairman.
Para. 43.15 recess--5:50
The SPEAKER pro tempore, Mr. BARLOW, pursuant to clause 12 of rule I,
declared the House in recess at 5 o'clock and 50 minutes p.m., until 7
p.m.
Para. 43.16 after recess--7:04 p.m.
The SPEAKER pro tempore, Mrs. KENNELLY, called the House to order.
Para. 43.17 providing for the consideration of h.r. 4296
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-492) the resolution (H. Res. 416) providing for the
consideration of the bill (H.R. 4296) to make unlawful the transfer or
possession of assault weapons.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 43.18 waiving points of order against conference report on s.636
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-493) the resolution (H. Res. 417) waiving certain points of
order against the conference report to accompany the bill of the Senate
(S. 636) to amend the Public Health Service Act to permit individuals to
have freedom of access to certain medical clinics and facilities, and
for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 43.19 waiving points of order against conference report on
h.con.res.218
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-494) the resolution (H. Res. 418) waiving certain points of
order against the conference report to accompany the concurrent
resolution (H. Con. Res. 218) setting forth the congressional budget for
the United States Government for the fiscal years 1995, 1996, 1997,
1998,and 1999, and providing that rule XLIX shall not apply with respect
to the adoption of that conference report.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 43.20 ``structured debate''
The SPEAKER pro tempore, Mrs. KENNELLY, made the following statement
in behalf of the Speaker:
The House will again, as it did on March 16, 1994, conduct a
structured debate on a mutually agreed upon subject. A Member recognized
by the Speaker and holding the floor as mod-
[[Page 786]]
erator will yield time to eight Members, four from the Majority Party
and four from the Minority Party.
The primary purpose of this debate is to enhance the quality of the
deliberative process of the House of Representatives, so as to enable
all Members to be better informed and to participate in subsequent
debates and decisions on major issues.
Under the previous orders of February 11 and March 11, 1994, Mr.
Walker will be recognized to moderate a structured debate in the format
and sequence that he will describe, which has been mutually established
by the Majority and Minority Leaders.
The rules of the House with respect to decorum and proper forms of
address to the Chair will apply during this debate. The moderator will
yield time to the participants, and will insist that Members not
interrupt on other Members' time. As part of the experiment--and not as
a precedent for other proceedings of the House--the moderator and the
participants will have the aid of a visual timing device.
Para. 43.21 senate enrolled joint resolution signed
The SPEAKER announced his signature to an enrolled joint resolution of
the Senate of the following title:
S.J. Res. 146. Joint resolution designating May 1, 1994,
through May 7, 1994, as ``National Walking Week.''
And then,
Para. 43.22 adjournment
On motion of Mr. WALKER, at 8 o'clock and 41 minutes p.m., the House
adjourned.
Para. 43.23 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. SABO: Committee of Conference. Conference report on
House Concurrent Resolution 218. Resolution setting forth the
congressional budget for the U.S. Government for fiscal years
1995, 1996, 1997, 1998, and 1999 (Rept. No. 103-490). Ordered
to be printed.
Mr. ROSTENKOWSKI: Committee on Ways and Means. H.R. 4278. A
bill to make improvements in the old-age, survivors, and
disability insurance program under title II of the Social
Security Act (Rept. No. 103-491). Referred to the Committee
of the Whole House on the State of the Union.
Mr. DERRICK: Committee on Rules. House Resolution 416.
Resolution providing for consideration of the bill (H.R.
4296) to make unlawful the transfer or possession of assault
weapons (Rept. No. 103-492). Referred to the House Calendar.
Ms. SLAUGHTER: Committee on Rules. House Resolution 417.
Resolution waiving points of order against the conference
report to accompany the bill (S. 636) to amend the Public
Health Service Act to permit individuals to have freedom of
access to certain medical clinics and facilities, and for
other purposes (Rept. No. 103-493). Referred to the House
Calendar.
Mr. BEILENSON: Committee on Rules. House Resolution 418.
Resolution waiving points of order against the conference
report to accompany the concurrent resolution (H. Con. Res.
218) setting forth the congressional budget for the U.S.
Government for the fiscal years 1995, 1996, 1997, 1998, and
1999, and providing that rule XLIX shall not apply with
respect to the adopting of that conference report (Rept. No.
103-494). Referred to the House Calendar.
Para. 43.24 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BALLENGER (for himself, Mr. Bliley, Mr.
Rohrabacher, and Mr. Saxton):
H.R. 4337. A bill to repeal the Displaced Workers
Protection Act of 1994 (District of Columbia Act 10-193); to
the Committee on the District of Columbia.
By Mr. de LUGO:
H.R. 4338. A bill to designate the ``Christiansted
Bandstand'' at the Christiansted National Historic Site, St.
Croix, VI, as the ``Peter G. Thurland, Sr., Bandstand''; to
the Committee on Natural Resources.
By Mr. DUNCAN:
H.R. 4339. A bill authorizing the Davy Crockett Memorial
Foundation to establish a memorial to honor Davy Crockett in
the District of Columbia or its environs; to the Committee on
House Administration.
By Mr. EHLERS:
H.R. 4340. A bill to amend the Internal Revenue Code of
1986 to provide that the percentage of completion method of
accounting shall not be required to be used with respect to
contracts for the manufacture of property if no payments are
required to be made before the completion of the manufacture
of such property; to the Committee on Ways and Means.
By Mr. JACOBS:
H.R. 4341. A bill to amend the Higher Education Act of 1965
to qualify additional institutions for programs under part B
of title III of that act; to the Committee on Education and
Labor.
H.R. 4342. A bill to qualify Martin University of
Indianapolis, IN, for participation in the program under part
B of title III of the Higher Education Act of 1965; to the
Committee on Education and Labor.
By Mr. DORNAN (for himself, Mr. Gilman, Mr. Porter, Mr.
Smith of New Jersey, Mr. Rohrabacher, Mr. Cunningham,
Mr. Wynn, Mr. Levy, Mr. King, Mr. Wilson, Mr.
Solomon, Mr. Cox, and Mrs. Bentley):
H.R. 4343. A bill to encourage liberty inside the Socialist
Republic of Vietnam; to the Committee on Foreign Affairs.
By Mr. LEVY (for himself, Mr. King, and Mr. Bryant):
H.R. 4344. A bill to prohibit ticket resale profiteering in
or affecting interstate commerce; to the Committee on the
Judiciary.
By Mr. QUINN (for himself, Mr. Hochbrueckner, Mr.
Blute, Mr. Stupak, Mr. Castle, Ms. Furse, Mr. King,
Mr. Hinchey, Mr. McCollum, Ms. Lowey, Mr. Walsh, Mr.
LaFalce, Mr. Houghton, Mr. Paxon, Mr. Holden, Mr.
Saxton, Mr. Levy, Ms. Pryce of Ohio, Mr. Gilman, Mr.
Solomon, Mr. Mollohan, Mr. Lazio, Mr. Borski, Mr.
Smith of New Jersey, and Mr. McHale):
H.R. 4345. A bill to prohibit the distribution or receipt
of restricted explosives without a Federal permit, and to
require applications for such permits to include a photograph
and the fingerprints of the applicant; to the Committee on
the Judiciary.
By Ms. SHEPHERD:
H.R. 4346. A bill to prohibit the Secretary of Defense from
transporting across State lines chemical munitions in the
chemical weapons stockpile, and for other purposes; to the
Committee on Armed Services.
By Mr. SMITH of Michigan (for himself, Mr. Penny, Mr.
Hancock, Mr. Fields of Texas, Mr. Ewing, Mr. Allard,
Mr. Pombo, Mr. Hoekstra, Mr. Roberts, Mr. Smith of
Oregon, Mr. DeLay, Mr. Baker of Louisiana, Mr.
Herger, and Mr. Everett):
H.R. 4347. A bill to amend title XII of the Food Security
Act of 1985 to permit the conversion of wetlands that are 1
acre or less in size; to the Committee on Agriculture.
By Mr. WALKER:
H.R. 4348. A bill to amend the Rules of the House of
Representatives to prohibit proxy voting and to amend title
18, United States Code, to criminalize the practice commonly
called ghost voting in the House of Representatives; jointly,
to the Committees on Rules and the Judiciary.
By Ms. SHEPHERD (for herself, Mrs. Schroeder, Mr.
Kopetski, Mr. Hinchey, Mr. Oberstar, Mr. Coppersmith,
Ms. Furse, and Ms. English of Arizona):
H.R. 4349. A bill to prohibit the Department of Defense
from conducting flight tests of certain missiles that would
result in the release of debris outside a designated
Department of Defense test range; to the Committee on Armed
Services.
By Mr. BARRETT of Wisconsin (for himself, Mr. Ackerman,
Mr. Andrews of New Jersey, Mr. Bacchus of Florida,
Mr. Baesler, Mr. Baker of Louisiana, Mr. Barca of
Wisconsin, Mr. Bateman, Mrs. Bentley, Mr. Berman, Mr.
Bilbray, Mr. Bilirakis, Mr. Bishop, Mr. Blackwell,
Mr. Bonior, Mr. Brooks, Mr. Brown of California, Mr.
Buyer, Mrs. Byrne, Mr. Callahan, Mr. Calvert, Mr.
Carr, Mr. Castle, Mr. Clay, Mrs. Clayton, Mr.
Clement, Mr. Clinger, Ms. Collins of Michigan, Mr.
Coppersmith, Mr. Coyne, Mr. Cramer, Mr. Darden, Ms.
DeLauro, Mr. Dellums, Mr. Deutsch, Mr. de Lugo, Mr.
Dickey, Mr. Dicks, Mr. Doolittle, Mr. Edwards of
Texas, Mr. Engel, Mr. Evans, Mr. Faleomavaega, Mr.
Fields of Louisiana, Mr. Fish, Mr. Flake, Mrs.
Fowler, Mr. Frost, Ms. Furse, Mr. Gekas, Mr.
Gunderson, Mr. Gutierrez, Mr. Hansen, Mr. Hefner, Mr.
Hilliard, Mr. Hoagland, Mr. Hobson, Mr.
Hochbrueckner, Mr. Holden, Mr. Hughes, Mr.
Hutchinson, Mr. Hutto, Mr. Hyde, Mr. Inhofe, Mr.
Jacobs, Ms. Eddie Bernice Johnson of Texas, Mr.
Johnson of South Dakota, Mr. Kasich, Mr. Kennedy, Mr.
Kildee, Mr. Kleczka, Mr. Klein, Mr. Kopetski, Mr.
Kreidler, Mr. LaFalce, Mr. Lancaster, Mr. Lantos, Mr.
Lazio, Mr. Leach, Mr. Lewis of Georgia, Mr. Lipinski,
Mr. Livingston, Mr. Machtley, Mr. Manton, Mr. Markey,
Mr. Matsui, Mr. McCloskey, Mr. McInnis, Mr. McNulty,
Mr. Meehan, Mrs. Meek of Florida, Mr. Menendez, Mrs.
Meyers of Kansas, Mr. Minge, Mrs. Mink of Hawaii, Mr.
Moakley, Mr. Montgomery, Mr. Moorhead, Mr. Moran, Mr.
Murphy, Mr. Murtha, Mr. Neal of Massachusetts, Ms.
Norton, Mr. Oberstar, Mr. Obey, Mr. Owens, Mr.
Pallone, Mr. Parker, Mr. Peterson of Florida, Mr.
Porter, Mr. Poshard, Mr. Price of North Carolina, Mr.
Quinn, Mr. Ramstad, Mr. Rangel, Mr. Ravenel, Mr.
Reed, Mr. Reynolds, Mr. Romero-Barcelo, Mr. Sabo, Mr.
Sawyer, Mr. Saxton, Mr. Schaefer, Mr. Schiff, Mr.
Serrano, Mr. Sharp, Mr. Skeen, Mr. Slat-
[[Page 787]]
tery, Ms. Slaughter, Mr. Smith of Texas, Mr. Spence,
Mr. Spratt, Mr. Stupak, Mr. Tanner, Mr. Tauzin, Mr.
Taylor of North Carolina, Mrs. Thurman, Mr.
Torricelli, Mr. Towns, Mr. Traficant, Mr. Valentine,
Ms. Velazquez, Mr. Vento, Mr. Volkmer, Mrs.
Vucanovich, Mr. Walsh, Ms. Waters, Mr. Waxman, Mr.
Whitten, Mr. Wilson, Mr. Wise, Mr. Wolf, Ms. Woolsey,
Mr. Wynn, and Mr. Young of Alaska):
H.J. Res. 363. Joint resolution to designate October 1994
as ``Crime Prevention Month''; to the Committee on Post
Office and Civil Service.
By Mr. KYL:
H. Con. Res. 244. Concurrent resolution to condemn the
March 1, 1994, attack on American Lubavitcher students;
jointly, to the Committees on Foreign Affairs and the
Judiciary.
Para. 43.25 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 123: Mr. Callahan, Mr. Zeliff, Mr. Baker of Louisiana,
Mr. Istook, Mr. Lightfoot, Mr. Collins of Georgia, Mr.
Allard, Mr. Hansen, and Mr. Smith of Oregon.
H.R. 546: Mr. Abercrombie and Mr. Hoagland.
H.R. 702: Mr. King.
H.R. 790: Mr. Porter.
H.R. 963: Mr. Rogers.
H.R. 1145: Mr. McCandless and Mr. Wilson.
H.R. 1277: Mr. Smith of Texas.
H.R. 1322: Mr. Gejdenson and Mr. Skelton.
H.R. 1349: Ms. Pryce of Ohio.
H.R. 1785: Mr. Bachus of Alabama.
H.R. 2444: Mr. Bartlett of Maryland, Mr. Ballenger, Mr.
Kim, and Mr. Gunderson.
H.R. 2467: Mr. Bateman, Mr. Franks of New Jersey, Mr.
Gonzalez, Mrs. Johnson of Connecticut, and Mr. Tejeda.
H.R. 2670: Mr. Diaz-Balart, Mr. Price of North Carolina,
Mr. Engel, Mr. Wilson, Mr. Hochbrueckner, Mr. Pallone, Mr.
Coble, and Mr. Stupak.
H.R. 2866: Mr. Gutierrez, Mr. Stupak, Mr. Conyers, and Mr.
Clay.
H.R. 2930: Ms. DeLauro.
H.R. 2957: Mr. Gunderson and Mr. Bliley.
H.R. 3075: Mr. Lehman.
H.R. 3179: Mr. Gekas.
H.R. 3214: Mr. Calvert.
H.R. 3261: Mr. Murtha, Mr. Torricelli, Mr. Brown of Ohio,
Mr. Parker, Mr. Levy, Mr. Clay, Mr. Gordon, Ms. Molinari, Mr.
Huffington, Mr. Solomon, Mr. Livingston, Mr. Lewis of
Florida, Mr. Rowland, Mr. Miller of Florida, Mr. Coble, Mr.
Hutchinson, Mr. Canady, and Mr. Wilson.
H.R. 3290: Mr. Pastor and Mr. Edwards of California.
H.R. 3305: Mr. Rahall, Mr. Lewis of California Mr. Diaz-
Balart, Mr. Filner, and Mr. Orton.
H.R. 3310: Ms. Velazquez and Mr. Owens.
H.R. 3320: Mr. Taylor of Mississippi, Mr. Tauzin, Mr.
Callahan, Mr. Beilenson, and Mr. Thomas of California.
H.R. 3486: Mr. Ehlers, Mr. Bliley, Mr. Oxley, Mr. Machtley,
Mr. Solomon, Mr. Armey, Mr. Goodlatte, Mr. Packard, and Mr.
Zimmer.
H.R. 3513: Ms. Shepherd.
H.R. 3627: Mr. Ballenger and Mr. Swift.
H.R. 3784: Mr. Packard and Mr. Combest.
H.R. 3811: Mr. Farr, Mr. Filner, Mr. Edwards of California,
Ms. Eshoo, Ms. Harman, Mr. Lehman, and Ms. Woolsey.
H.R. 3820: Mr. Hobson, Mr. Spratt, Mr. Livingston, Mr.
Solomon, Mr. Emerson, Mr. Schiff, Mr. Gekas, Mr. Jacobs, Mr.
Markey, Mr. Schaefer, Mr. Blute, Mr. Goodling, Mr. Stump, Mr.
Moorhead, Mr. Regula, Mr. Dornan, Mr. Cunningham, Mr. Sam
Johnson, and Mr. Rogers.
H.R. 3860: Mr. Emerson and Mr. Paxon.
H.R. 3870: Mr. Hinchey.
H.R. 3942: Mr. Andrews of New Jersey.
H.R. 3978: Mr. Levy.
H.R. 3992: Mr. Collins of Georgia.
H.R. 4050: Mr. Manton and Mr. Stark.
H.R. 4074: Mr. McDermott, Mr. Quinn, Mr. Lancaster, Mr.
Klink, Ms. Schenk, Mr. Blute, Mr. Neal of Massachusetts, Mr.
Frank of Massachusetts, Mr. Flake, Mr. Rahall, and Mr. King.
H.R. 4114: Mr. Becerra, Ms. DeLauro, Ms. Eshoo, Mr.
Gejdenson, Mr. Yates, Mr. Andrews of Maine, and Mr. Glickman.
H.R. 4162: Mr. Filner.
H.R. 4198: Mr. Roberts.
H.R. 4213: Mr. Evans.
H.R. 4237: Mr. Foglietta, Mrs. Byrne, and Mr. Porter.
H.R. 4247: Mr. Penny.
H.R. 4249: Mr. Kreidler, Mr. Dellums, Mr. Sanders, Mr.
Foglietta, Mrs. Clayton, Mr. Edwards of California, Mr.
Serrano, and Ms. McKinney.
H.R. 4257: Mr. Washington.
H.R. 4311: Ms. Molinari, Mr. Clinger, and Mr. Combest.
H.J. Res. 209: Mrs. Kennelly, Mr. Sharp, Mr. Rowland, Mr.
Thomas of Wyoming, Mr. Ballenger, Mr. Walsh, Mr. Bunning, and
Mr. Payne of Virginia.
H.J. Res. 231: Mr. Montgomery, Mr. Quillen, Mrs. Mink of
Hawaii, Mr. Lipinski, Mr. Faleomavaega, Mr. Baesler, Mr. Neal
of North Carolina, Mr. Martinez, Mr. Calvert, Mr. Baker of
Louisiana, and Mr. Hilliard.
H.J. Res. 276: Mr. Payne of Virginia, Ms. Margolies-
Mezvinsky, and Ms. Snowe.
H.J. Res. 297: Mr. Browder, Mr. Baesler, Mr. Dixon, and Mr.
Barrett of Wisconsin.
H.J. Res. 314: Mr. Reed and Mr. McHale.
H.J. Res. 328: Mr. Castle, Mr. Dornan, Mr. Meehan, Mr.
Callahan, Mr. Fazio, Mr. Jefferson, Mr. Tucker, Mr. Lantos,
Mr. Vento, Mr. Engel, Mr. Kildee, Mr. Calvert, Mr. Grams, and
Mr. Manton.
H.J. Res. 333: Mr. Pastor, Mr. Vento, Mr. Durbin, Mr.
Swett, Ms. Dunn, Mr. Coppersmith, Mr. Stokes, Mr. Engel, Mr.
Gene Green of Texas, Ms. Brown of Florida, Mr. Skeen, Ms.
Eshoo, Mr. Kanjorski, Ms. Shepherd, Mr. Boehlert, Mr. Reed,
Mr. Faleomavaega, Mr. Ravenel, and Mr. Sanders.
H. Con. Res. 20: Mr. Wyden.
H. Con. Res. 84: Mrs. Byrne and Mr. Gordon.
H. Con. Res. 168: Mr. Armey, Mr. Shays, and Mr. Burton of
Indiana.
H. Con. Res. 212: Ms. McKinney, Mr. Oberstar, Mr. Schiff,
Mr. Serrano, Mr. Studds, Mr. Traficant, and Mr. Tucker.
H. Con. Res. 217: Ms. Margolies-Mezvinsky, Mr. Parker, Ms.
Furse, Mr. Mazzoli, Mrs. Maloney, Mr. Hinchey, Mr. Towns, Ms.
Norton, Ms. Velazquez, Mrs. Byrne, Mr. Engel, Mr. Reynolds,
Mr. Lewis of Georgia, Mr. Wynn, Mr. Bilbray, and Mr.
Gejdenson.
H. Con. Res. 234: Mr. Edwards of California, Mr. Frost, Mr.
Kopetski, Mr. Wilson, and Ms. Woolsey.
H. Res. 234: Mr. Stearns, Ms. Eddie Bernice Johnson of
Texas, Mr. Hochbrueckner, Mr. Kleczka, Mr. Menendez, and Mr.
Huffington.
H. Res. 362: Mr. Barca of Wisconsin.
H. Res. 383: Mr. Fawell.
Para. 43.26 petitions, etc.
Under clause 1 of rule XXII,
90. The SPEAKER presented a petition of Palau National
Congress, P.O. Box 8, Koror, Republic of Palau, relative to
the sincere gratitude and appreciation of the people of the
Republic of Palau to the Honorable Ron de Lugo, the U.S.
Virgin Islands' Delegate; which was referred to the Committee
on Natural Resources.
Para. 43.27 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 140: Mr. Ehlers.
H.R. 3222: Mr. Kolbe.
.
THURSDAY, MAY 5, 1994 (44)
The House was called to order by the SPEAKER.
Para. 44.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Wednesday, May 4, 1994.
Mr. BARRETT of Wisconsin, pursuant to clause 1, rule I, objected to
the Chair's approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Mr. BARRETT of Wisconsin objected to the vote on the ground that a
quorum was not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
248
When there appeared
<3-line {>
Nays
160
Para. 44.2 [Roll No. 154]
YEAS--248
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (TN)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Greenwood
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Houghton
Hoyer
Hughes
Hutto
Inglis
Inslee
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kingston
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
[[Page 788]]
Lehman
Levin
Lewis (GA)
Lipinski
Lowey
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCollum
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Poshard
Price (NC)
Rahall
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sarpalius
Sawyer
Schenk
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--160
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clay
Clinger
Coble
Collins (GA)
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Doolittle
Dreier
Duncan
Dunn
Ehlers
Emerson
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Hunter
Hutchinson
Hyde
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kim
King
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Machtley
Manzullo
McCandless
McCrery
McDade
McHugh
McInnis
McKeon
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Murphy
Nussle
Oxley
Packard
Paxon
Petri
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--24
Andrews (TX)
Blackwell
Brown (CA)
Chapman
Dellums
Dickey
Dornan
Ford (MI)
Frank (MA)
Huffington
Jefferson
Lloyd
Long
Maloney
McMillan
Olver
Rangel
Ridge
Rogers
Sangmeister
Strickland
Swett
Washington
Whitten
So the Journal was approved.
Para. 44.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3117. A letter from the Acting Chairman, Commodity Futures
Trading Commission, transmitting a draft of proposed
legislation to reauthorize the Commodity Futures Trading
Commission, pursuant to 31 U.S.C. 1110; to the Committee on
Agriculture.
3118. A letter from the Comptroller of the Department of
Defense, transmitting a report of a violation of the Anti-
Deficiency Act which occurred in the Department of the Navy,
pursuant to 31 U.S.C. 1517(b); to the Committee on
Appropriations.
3119. A letter from the Acting Deputy Assistant Secretary
(Production Resources), Department of Defense, transmitting
the strategic and critical materials report to the Congress:
Operations under the Strategic and Critical Materials
Stockpiling Act during the period October 1992 to September
1993, pursuant to 50 U.S.C. 98h-2(b); to the Committee on
Armed Services.
3120. A letter from the Secretary of Defense, transmitting
a draft of proposed legislation to authorize the Department
of Defense to implement the January 1994 agreement between
the Department and the McConnell Douglas Corp. to settle C-17
issues; to the Committee on Armed Services.
3121. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. ACT 10-230,
``Medicaid Benefits Protection Temporary Act of 1994,''
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on the District of Columbia.
3122. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-231, ``Fuels
Technology Temporary Amendment Act of 1994,'' pursuant to
D.C. Code, section 1-233(c)(1); to the Committee on the
District of Columbia.
3123. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-232,
``District of Columbia Government Comprehensive Merit
Personnel Act of 1978 Employee Benefits Free Clinic Amendment
Act of 1990 Extension Temporary Act of 1994,'' pursuant to
D.C. Code, section 1-233(c)(1); to the Committee on the
District of Columbia.
3124. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-233, ``Youth
Facilities Firearm Prohibition Amendment Act of 1994,''
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on the District of Columbia.
3125. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-234, ``South
Africa Sanctions Repeal Act of 1994,'' pursuant to D.C. Code,
section 1-233(c)(1); to the Committee on the District of
Columbia.
3126. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-228, ``Human
Rights Amendment Act of 1994,'' pursuant to D.C. Code,
section 1-233(c)(1); to the Committee on the District of
Columbia.
3127. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-229,
``Authorization for the Solicitation and Acceptance of Grant
Monies by Advisory Neighborhood Commission 2D Act of 1994,''
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on the District of Columbia.
3128. A letter from the Secretary of Education,
transmitting final regulations--Student Assistance General
Provisions--Federal Family Education Loan Program and Federal
Pell Grant Program, pursuant to 20 U.S.C. 1232(d)(1); to the
Committee on Education and Labor.
3129. A letter from the Secretary, Department of Energy,
transmitting the Department's annual quarterly report for the
strategic petroleum reserve, covering calendar year 1993 and
including specific information for the fourth quarter of
1993, pursuant to 42 U.S.C. 6245(a); to the Committee on
Energy and Commerce.
3130. A letter from the Secretary of the Interior,
transmitting a draft of proposed legislation to authorize the
appropriation of funds for construction projects under the
covenant to establish a Commonwealth of the Northern Mariana
Islands in political union with the United States of America,
and for other purposes, pursuant to 31 U.S.C. 1110; to the
Committee on Natural Resources.
3131. A letter from the Secretary, Department of
Transportation, transmitting the Secretary's report on the
transfer of authority from the Secretary of Transportation to
the Secretary of the Navy upon the transfer of the Coast
Guard to the Navy, pursuant to Public Law 102-241, section 4
(105 Stat. 2209); jointly, to the Committees on Merchant
Marine and Fisheries and Armed Services.
Para. 44.4 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed bills, a joint resolution, and a concurrent
resolution of the following titles, in which the concurrence of the
House is requested:
S. 783. An Act to amend the Fair Credit Reporting Act, and
for other purposes.
S. 1927. An Act to increase the rates of compensation for
veterans with service-connected disabilities and the rates of
dependency and indemnity compensation for the survivors of
certain disabled veterans.
S.J. Res. 168. Joint resolution designating May 11, 1994,
as ``Vietnam Human Rights Day.''
S. Con. Res. 68. Concurrent resolution to authorize
printing of Senator Robert C. Byrd's addresses to the United
States Senate on the History of Roman Constitutionalism.
Para. 44.5 messages from the president
Sundry messages in writing from the President of the United States
were communicated to the House by Mr. McCathran, one of his secretaries.
Para. 44.6 providing for the consideration of h.r. 4296
Mr. DERRICK, by direction of the Committee on Rules, called up the
following resolution (H. Res. 416):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 4296) to make unlawful the transfer or
possession of assault weapons. The first reading of the bill
shall be dispensed with. All points of order against
consideration of the bill are waived. General debate shall be
confined to the bill and shall not exceed two hours equally
divided and controlled by the chairman and ranking minority
member of the Committee on the Judiciary. After general
debate the bill shall be considered for amendment under the
five-
[[Page 789]]
minute rule. The amendment in the nature of a substitute
recommended by the Committee on the Judiciary now printed in
the bill shall be considered as read. All points of order
against the committee amendment in the nature of a substitute
are waived. No amendment to the committee amendment in the
nature of a substitute and no other amendment to the bill
shall be in order. At the conclusion of consideration of the
bill for amendment the Committee shall rise and report the
bill to the House with such amendment as may have been
adopted. The previous question shall be considered as ordered
on the bill and any amendment thereto to final passage
without intervening motion except one motion to recommit with
or without instructions.
When said resolution was considered.
After debate,
By unanimous consent, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. MAZZOLI, announced that the yeas had it.
Mr. SOLOMON objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
220
When there appeared
<3-line {>
Nays
209
Para. 44.7 [Roll No. 155]
YEAS--220
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Barcia
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Cooper
Coppersmith
Coyne
Cramer
Danner
Darden
de la Garza
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Glickman
Gonzalez
Gordon
Gutierrez
Hall (OH)
Hamburg
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (SD)
Johnson, E.B.
Johnston
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Kopetski
Kreidler
LaFalce
Lantos
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pickle
Price (NC)
Quillen
Rahall
Reed
Reynolds
Richardson
Ridge
Roemer
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tejeda
Thompson
Thornton
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Washington
Waters
Watt
Waxman
Wheat
Whitten
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--209
Allard
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barlow
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Browder
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Condit
Costello
Cox
Crane
Crapo
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Holden
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson (GA)
Johnson, Sam
Kanjorski
Kasich
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
Kyl
Lambert
Lancaster
LaRocco
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Moorhead
Myers
Nussle
Orton
Oxley
Packard
Parker
Paxon
Penny
Peterson (MN)
Petri
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce (OH)
Quinn
Ramstad
Ravenel
Regula
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Thurman
Torkildsen
Upton
Volkmer
Vucanovich
Walker
Walsh
Weldon
Williams
Wilson
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--3
Long
Rangel
Rogers
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 44.8 assault weapons ban
The SPEAKER pro tempore, Mr. MAZZOLI, pursuant to House Resolution 416
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 4296) to make unlawful the transfer or possession of assault
weapons.
The SPEAKER pro tempore, Mr. MAZZOLI, by unanimous consent, designated
Mr. VOLKMER as Chairman of the Committee of the Whole for the first hour
and Mr. MFUME as Chairman of the Committe of the Whole for the second
hour; and after some time spent therein,
The SPEAKER resumed the Chair.
When Mr. MFUME, Chairman, pursuant to House Resolution 416, reported
the bill back to the House with an amendment adopted by the Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Safety and
Recreational Firearms Use Protection Act''.
SEC. 2. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION
OF CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS.
(a) Restriction.--Section 922 of title 18, United States
Code, is amended by adding at the end the following:
``(v)(1) It shall be unlawful for a person to manufacture,
transfer, or possess a semiautomatic assault weapon.
``(2) Paragraph (1) shall not apply to the possession or
transfer of any semiautomatic assault weapon otherwise
lawfully possessed on the date of the enactment of this
subsection.
``(3) Paragraph (1) shall not apply to--
``(A) any of the firearms, or replicas or duplicates of the
firearms, specified in Appendix A to this section, as such
firearms were manufactured on October 1, 1993;
``(B) any firearm that--
``(i) is manually operated by bolt, pump, lever, or slide
action;
``(ii) has been rendered permanently inoperable; or
``(iii) is an antique firearm;
``(C) any semiautomatic rifle that cannot accept a
detachable magazine that holds more than 5 rounds of
ammunition; or
``(D) any semiautomatic shotgun that cannot hold more than
5 rounds of ammunition in a fixed or detachable magazine.
The fact that a firearm is not listed in Appendix A shall not
be construed to mean that paragraph (1) applies to such
firearm. No firearm exempted by this subsection may be
deleted from Appendix A so long as this Act is in effect.
``(4) Paragraph (1) shall not apply to--
``(A) the United States or a department or agency of the
United States or a State or a department, agency, or
political subdivision of a State;
``(B) the transfer of a semiautomatic assault weapon by a
licensed manufacturer, li-
[[Page 790]]
censed importer, or licensed dealer to an entity referred to
in subparagraph (A) or to a law enforcement officer
authorized by such an entity to purchase firearms for
official use;
``(C) the possession, by an individual who is retired from
service with a law enforcement agency and is not otherwise
prohibited from receiving a firearm, of a semiautomatic
assault weapon transferred to the individual by the agency
upon such retirement; or
``(D) the manufacture, transfer, or possession of a
semiautomatic assault weapon by a licensed manufacturer or
licensed importer for the purposes of testing or
experimentation authorized by the Secretary.''.
(b) Definition of Semiautomatic Assault Weapon.--Section
921(a) of such title is amended by adding at the end the
following:
``(30) The term `semiautomatic assault weapon' means--
``(A) any of the firearms, or copies or duplicates of the
firearms, known as--
``(i) Norinco, Mitchell, and Poly Technologies Avtomat
Kalashnikovs (all models);
``(ii) Action Arms Israeli Military Industries UZI and
Galil;
``(iii) Beretta Ar70 (SC-70);
``(iv) Colt AR-15;
``(v) Fabrique National FN/FAL, FN/LAR, and FNC;
``(vi) SWD M-10, M-11, M-11/9, and M-12;
``(vii) Steyr AUG;
``(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
``(ix) revolving cylinder shotguns, such as (or similar to)
the Street Sweeper and Striker 12;
``(B) a semiautomatic rifle that has an ability to accept a
detachable magazine and has at least 2 of--
``(i) a folding or telescoping stock;
``(ii) a pistol grip that protrudes conspicuously beneath
the action of the weapon;
``(iii) a bayonet mount;
``(iv) a flash suppressor or threaded barrel designed to
accommodate a flash suppressor; and
``(v) a grenade launcher;
``(C) a semiautomatic pistol that has an ability to accept
a detachable magazine and has at least 2 of--
``(i) an ammunition magazine that attaches to the pistol
outside of the pistol grip;
``(ii) a threaded barrel capable of accepting a barrel
extender, flash suppressor, forward handgrip, or silencer;
``(iii) a shroud that is attached to, or partially or
completely encircles, the barrel and that permits the shooter
to hold the firearm with the nontrigger hand without being
burned;
``(iv) a manufactured weight of 50 ounces or more when the
pistol is unloaded; and
``(v) a semiautomatic version of an automatic firearm; and
``(D) a semiautomatic shotgun that has at least 2 of--
``(i) a folding or telescoping stock;
``(ii) a pistol grip that protrudes conspicuously beneath
the action of the weapon;
``(iii) a fixed magazine capacity in excess of 5 rounds;
and
``(iv) an ability to accept a detachable magazine.''.
(c) Penalties.--
(1) Violation of section 922(v).--Section 924(a)(1)(B) of
such title is amended by striking ``or (q) of section 922''
and inserting ``(r), or (v) of section 922''.
(2) Use or possession during crime of violence or drug
trafficking crime.--Section 924(c)(1) of such title is
amended in the first sentence by inserting ``, or
semiautomatic assault weapon,'' after ``short-barreled
shotgun,''.
(d) Identification Markings for Semiautomatic Assault
Weapons.--Section 923(i) of such title is amended by adding
at the end the following: ``The serial number of any
semiautomatic assault weapon manufactured after the date of
the enactment of this sentence shall clearly show the date on
which the weapon was manufactured.''.
SEC. 3. RECORDKEEPING REQUIREMENTS FOR TRANSFERS OF
GRANDFATHERED FIREARMS.
(a) Offense.--Section 922 of title 18, United States Code,
as amended by section 2(a) of this Act, is amended by adding
at the end the following:
``(w)(1) It shall be unlawful for a person to sell, ship,
or deliver a semiautomatic assault weapon to a person who has
not completed a form 4473 in connection with the transfer of
the semiautomatic assault weapon.
``(2) It shall be unlawful for a person to receive a
semiautomatic assault weapon unless the person has completed
a form 4473 in connection with the transfer of the
semiautomatic assault weapon.
``(3) If a person receives a semiautomatic assault weapon
from anyone other than a licensed dealer, both the person and
the transferor shall retain a copy of the form 4473 completed
in connection with the transfer.
``(4) Within 90 days after the date of the enactment of
this subsection, the Secretary shall prescribe regulations
ensuring the availability of form 4473 to owners of
semiautomatic assault weapons.
``(5) As used in this subsection, the term `form 4473'
means--
``(A) the form which, as of the date of the enactment of
this subsection, is designated by the Secretary as form 4473;
or
``(B) any other form which--
``(i) is required by the Secretary, in lieu of the form
described in subparagraph (A), to be completed in connection
with the transfer of a semiautomatic assault weapon; and
``(ii) when completed, contains, at a minimum, the
information that, as of the date of the enactment of this
subsection, is required to be provided on the form described
in subparagraph (A).''.
(b) Penalty.--Section 924(a) of such title is amended by
adding at the end the following:
``(6) A person who knowingly violates section 922(w) shall
be fined not more than $1,000, imprisoned not more than 6
months, or both. Section 3571 shall not apply to any offense
under this paragraph.''.
SEC. 4. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.
(a) Prohibition.--Section 922 of title 18, United States
Code, as amended by sections 2 and 3 of this Act, is amended
by adding at the end the following:
``(x)(1) Except as provided in paragraph (2), it shall be
unlawful for a person to transfer or possess a large capacity
ammunition feeding device.
``(2) Paragraph (1) shall not apply to the possession or
transfer of any large capacity ammunition feeding device
otherwise lawfully possessed on the date of the enactment of
this subsection.
``(3) This subsection shall not apply to--
``(A) the United States or a department or agency of the
United States or a State or a department, agency, or
political subdivision of a State;
``(B) the transfer of a large capacity ammunition feeding
device by a licensed manufacturer, licensed importer, or
licensed dealer to an entity referred to in subparagraph (A)
or to a law enforcement officer authorized by such an entity
to purchase large capacity ammunition feeding devices for
official use;
``(C) the possession, by an individual who is retired from
service with a law enforcement agency and is not otherwise
prohibited from receiving ammunition, of a large capacity
ammunition feeding device transferred to the individual by
the agency upon such retirement; or
``(D) the manufacture, transfer, or possession of any large
capacity ammunition feeding device by a licensed manufacturer
or licensed importer for the purposes of testing or
experimentation authorized by the Secretary.''.
(b) Definition of Large Capacity Ammunition Feeding
Device.--Section 921(a) of such title, as amended by section
2(b) of this Act, is amended by adding at the end the
following:
``(31) The term `large capacity ammunition feeding
device'--
``(A) means--
``(i) a magazine, belt, drum, feed strip, or similar device
that has a capacity of, or that can be readily restored or
converted to accept, more than 10 rounds of ammunition; and
``(ii) any combination of parts from which a device
described in clause (i) can be assembled; but
``(B) does not include an attached tubular device designed
to accept, and capable of operating only with, .22 caliber
rimfire ammunition.''.
(c) Large Capacity Ammunition Feeding Devices Treated as
Firearms.--Section 921(a)(3) of such title is amended in the
first sentence by striking ``or (D) any destructive device.''
and inserting ``(D) any destructive device; or (E) any large
capacity ammunition feeding device.''.
(d) Penalty.--Section 924(a)(1)(B) of such title, as
amended by section 2(c) of this Act, is amended by striking
``or (v)'' and inserting ``(v), or (x)''.
(e) Identification Markings for Large Capacity Ammunition
Feeding Devices.--Section 923(i) of such title, as amended by
section 2(d) of this Act, is amended by adding at the end the
following: ``A large capacity ammunition feeding device
manufactured after the date of the enactment of this sentence
shall be identified by a serial number that clearly shows
that the device was manufactured or imported after the
effective date of this subsection, and such other
identification as the Secretary may by regulation
prescribe.''.
SEC. 5. STUDY BY ATTORNEY GENERAL.
(a) Study.--The Attorney General shall investigate and
study the effect of this Act and the amendments made by this
Act, and in particular shall determine their impact, if any,
on violent and drug trafficking crime. The study shall be
conducted over a period of 18 months, commencing 12 months
after the date of enactment of this Act.
(b) Report.--Not later than 30 months after the date of
enactment of this Act, the Attorney General shall prepare and
submit to the Congress a report setting forth in detail the
findings and determinations made in the study under
subsection (a).
SEC. 6. EFFECTIVE DATE.
This Act and the amendments made by this Act--
(1) shall take effect on the date of the enactment of this
Act; and
(2) are repealed effective as of the date that is 10 years
after that date.
SEC. 7. APPENDIX A TO SECTION 922 OF TITLE 18.
Section 922 of title 18, United States Code, is amended by
adding at the end the following appendix:
``APPENDIX A
Centerfire Rifles--Autoloaders
Browning BAR Mark II Safari Semi-Auto Rifle
Browning BAR Mark II Safari Magnum Rifle
Browning High-Power Rifle
Heckler & Koch Model 300 Rifle
Iver Johnson M-1 Carbine
Iver Johnson 50th Anniversary M-1 Carbine
[[Page 791]]
Marlin Model 9 Camp Carbine
Marlin Model 45 Carbine
Remington Nylon 66 Auto-Loading Rifle
Remington Model 7400 Auto Rifle
Remington Model 7400 Rifle
Remington Model 7400 Special Purpose Auto Rifle
Ruger Mini-14 Autoloading Rifle (w/o folding stock)
Ruger Mini Thirty Rifle
Centerfire Rifles--Lever & Slide
Browning Model 81 BLR Lever-Action Rifle
Browning Model 81 Long Action BLR
Browning Model 1886 Lever-Action Carbine
Browning Model 1886 High Grade Carbine
Cimarron 1860 Henry Replica
Cimarron 1866 Winchester Replicas
Cimarron 1873 Short Rifle
Cimarron 1873 Sporting Rifle
Cimarron 1873 30" Express Rifle
Dixie Engraved 1873 Rifle
E.M.F. 1866 Yellowboy Lever Actions
E.M.F. 1860 Henry Rifle
E.M.F. Model 73 Lever-Action Rifle
Marlin Model 336CS Lever-Action Carbine
Marlin Model 30AS Lever-Action Carbine
Marlin Model 444SS Lever-Action Sporter
Marlin Model 1894S Lever-Action Carbine
Marlin Model 1894CS Carbine
Marlin Model 1894CL Classic
Marlin Model 1895SS Lever-Action Rifle
Mitchell 1858 Henry Replica
Mitchell 1866 Winchester Replica
Mitchell 1873 Winchester Replica
Navy Arms Military Henry Rifle
Navy Arms Henry Trapper
Navy Arms Iron Frame Henry
Navy Arms Henry Carbine
Navy Arms 1866 Yellowboy Rifle
Navy Arms 1873 Winchester-Style Rifle
Navy Arms 1873 Sporting Rifle
Remington 7600 Slide Action
Remington Model 7600 Special Purpose Slide Action
Rossi M92 SRC Saddle-Ring Carbine
Rossi M92 SRS Short Carbine
Savage 99C Lever-Action Rifle
Uberti Henry Rifle
Uberti 1866 Sporting Rilfe
Uberti 1873 Sporting Rifle
Winchester Model 94 Side Eject Lever-Action Rifle
Winchester Model 94 Trapper Side Eject
Winchester Model 94 Big Bore Side Eject
Winchester Model 94 Ranger Side Eject Lever-Action Rifle
Winchester Model 94 Wrangler Side Eject
Centerfire Rifles--Bolt Action
Alpine Bolt-Action Rifle
A-Square Caesar Bolt-Action Rifle
A-Square Hannibal Bolt-Action Rifle
Anschutz 1700D Classic Rifles
Anschutz 1700D Custom Rifles
Anschutz 1700D Bavarian Bolt-Action Rifle
Anschutz 1733D Mannlicher Rifle
Barret Model 90 Bolt-Action Rifle
Beeman/HW 60J Bolt-Action Rifle
Blaser R84 Bolt-Action Rifle
BRNO 537 Sporter Bolt-Action Rifle
BRNO ZKB 527 Fox Bolt-Action Rifle
BRNO ZKK 600, 601, 602 Bolt-Action Rifles
Browning A-Bolt Rifle
Browning A-Bolt Stainless Stalker
Browning A-Bolt Left Hand
Browning A-Bolt Short Action
Browning Euro-Bolt Rifle
Browning A-Bolt Gold Medallion
Browning A-Bolt Micro Medallion
Century Centurion 14 Sporter
Century Enfield Sporter #4
Century Swedish Sporter #38
Century Mauser 98 Sporter
Cooper Model 38 Centerfire Sporter
Dakota 22 Sporter Bolt-Action Rifle
Dakota 76 Classic Bolt-Action Rifle
Dakota 76 Short Action Rifles
Dakota 76 Safari Bolt-Action Rifle
Dakota 416 Rigby African
E.A.A./Sabatti Rover 870 Bolt-Action Rifle
Auguste Francotte Bolt-Action Rifles
Carl Gustaf 2000 Bolt-Action Rifle
Heym Magnum Express Series Rifle
Howa Lightning Bolt-Action Rifle
Howa Realtree Camo Rifle
Interarms Mark X Viscount Bolt-Action Rifle
Interarms Mini-Mark X Rifle
Interarms Mark X Whitworth Bolt-Action Rifle
Interarms Whitworth Express Rifle
Iver Johnson Model 5100A1 Long-Range Rifle
KDF K15 American Bolt-Action Rifle
Krico Model 600 Bolt-Action Rifle
Krico Model 700 Bolt-Action Rifles
Mauser Model 66 Bolt-Action Rifle
Mauser Model 99 Bolt-Action Rifle
McMillan Signature Classic Sporter
McMillan Signature Super Varminter
McMillan Signature Alaskan
McMillan Signature Titanium Mountain Rifle
McMillan Classic Stainless Sporter
McMillan Talon Safari Rifle
McMillan Talon Sporter Rifle
Midland 1500S Survivor Rifle
Navy Arms TU-33/40 Carbine
Parker-Hale Model 81 Classic Rifle
Parker-Hale Model 81 Classic African Rifle
Parker-Hale Model 1000 Rifle
Parker-Hale Model 1100M African Magnum
Parker-Hale Model 1100 Lightweight Rifle
Parker-Hale Model 1200 Super Rifle
Parker-Hale Model 1200 Super Clip Rifle
Parker-Hale Model 1300C Scout Rifle
Parker-Hale Model 2100 Midland Rifle
Parker-Hale Model 2700 Lightweight Rifle
Parker-Hale Model 2800 Midland Rifle
Remington Model Seven Bolt-Action Rifle
Remington Model Seven Youth Rifle
Remington Model Seven Custom KS
Remington Model Seven Custom MS Rifle
Remington 700 ADL Bolt-Action Rifle
Remington 700 BDL Bolt-Action Rifle
Remington 700 BDL Varmint Special
Remington 700 BDL European Bolt-Action Rifle
Remington 700 Varmint Synthetic Rifle
Remington 700 BDL SS Rifle
Remington 700 Stainless Synthetic Rifle
Remington 700 MTRSS Rifle
Remington 700 BDL Left Hand
Remington 700 Camo Synthetic Rifle
Remington 700 Safari
Remington 700 Mountain Rifle
Remington 700 Custom KS Mountain Rifle
Remington 700 Classic Rifle
Ruger M77 Mark II Rifle
Ruger M77 Mark II Magnum Rifle
Ruger M77RL Ultra Light
Ruger M77 Mark II All-Weather Stainless Rifle
Ruger M77 RSI International Carbine
Ruger M77 Mark II Express Rifle
Ruger M77VT Target Rifle
Sako Hunter Rifle
Sako Fiberclass Sporter
Sako Safari Grade Bolt Action
Sako Hunter Left-Hand Rifle
Sako Classic Bolt Action
Sako Hunter LS Rifle
Sako Deluxe Lightweight
Sako Super Deluxe Sporter
Sako Mannlicher-Style Carbine
Sako Varmint Heavy Barrel
Sako TRG-S Bolt-Action Rifle
Sauer 90 Bolt-Action Rifle
Savage 110G Bolt-Action Rifle
Savage 110CY Youth/Ladies Rifle
Savage 110WLE One of One Thousand Limited Edition Rifle
Savage 110GXP3 Bolt-Action Rifle
Savage 110F Bolt-Action Rifle
Savage 110FXP3 Bolt-Action Rifle
Savage 110GV Varmint Rifle
Savage 112FV Varmint Rifle
Savage Model 112FVS Varmint Rifle
Savage Model 112BV Heavy Barrel Varmint Rifle
Savage 116FSS Bolt-Action Rifle
Savage Model 116FSK Kodiak Rifle
Savage 110FP Police Rifle
Steyr-Mannlicher Sporter Models SL, L, M, S, S/T
Steyr-Mannlicher Luxus Model L, M, S
Steyr-Mannlicher Model M Professional Rifle
Tikka Bolt-Action Rifle
Tikka Premium Grade Rifles
Tikka Varmint/Continental Rifle
Tikka Whitetail/Battue Rifle
Ultra Light Arms Model 20 Rifle
Ultra Light Arms Model 28, Model 40 Rifles
Voere VEC 91 Lightning Bolt-Action Rifle
Voere Model 2165 Bolt-Action Rifle
Voere Model 2155, 2150 Bolt-Action Rifles
Weatherby Mark V Deluxe Bolt-Action Rifle
Weatherby Lasermark V Rifle
Weatherby Mark V Crown Custom Rifles
Weatherby Mark V Sporter Rifle
Weatherby Mark V Safari Grade Custom Rifles
Weatherby Weathermark Rifle
Weatherby Weathermark Alaskan Rifle
Weatherby Classicmark No. 1 Rifle
Weatherby Weatherguard Alaskan Rifle
Weatherby Vanguard VGX Deluxe Rifle
Weatherby Vanguard Classic Rifle
Weatherby Vanguard Classic No. 1 Rifle
Weatherby Vanguard Weatherguard Rifle
Wichita Classic Rifle
Wichita Varmint Rifle
Winchester Model 70 Sporter
Winchester Model 70 Sporter WinTuff
Winchester Model 70 SM Sporter
Winchester Model 70 Stainless Rifle
Winchester Model 70 Varmint
Winchester Model 70 Synthetic Heavy Varmint Rifle
Winchester Model 70 DBM Rifle
Winchester Model 70 DBM-S Rifle
Winchester Model 70 Featherweight
Winchester Model 70 Featherweight WinTuff
Winchester Model 70 Featherweight Classic
Winchester Model 70 Lightweight Rifle
Winchester Ranger Rifle
Winchester Model 70 Super Express Magnum
[[Page 792]]
Winchester Model 70 Super Grade
Winchester Model 70 Custom Sharpshooter
Winchester Model 70 Custom Sporting Sharpshooter Rifle
Centerfire Rifles--Single Shot
Armsport 1866 Sharps Rifle, Carbine
Brown Model One Single Shot Rifle
Browning Model 1885 Single Shot Rifle
Dakota Single Shot Rifle
Desert Industries G-90 Single Shot Rifle
Harrington & Richardson Ultra Varmint Rifle
Model 1885 High Wall Rifle
Navy Arms Rolling Block Buffalo Rifle
Navy Arms #2 Creedmoor Rifle
Navy Arms Sharps Cavalry Carbine
Navy Arms Sharps Plains Rifle
New England Firearms Handi-Rifle
Red Willow Armory Ballard No. 5 Pacific
Red Willow Armory Ballard No. 1.5 Hunting Rifle
Red Willow Armory Ballard No. 8 Union Hill Rifle
Red Willow Armory Ballard No. 4.5 Target Rifle
Remington-Style Rolling Block Carbine
Ruger No. 1B Single Shot
Ruger No. 1A Light Sporter
Ruger No. 1H Tropical Rifle
Ruger No. 1S Medium Sporter
Ruger No. 1 RSI International
Ruger No. 1V Special Varminter
C. Sharps Arms New Model 1874 Old Reliable
C. Sharps Arms New Model 1875 Rifle
C. Sharps Arms 1875 Classic Sharps
C. Sharps Arms New Model 1875 Target & Long Range
Shiloh Sharps 1874 Long Range Express
Shiloh Sharps 1874 Montana Roughrider
Shiloh Sharps 1874 Military Carbine
Shiloh Sharps 1874 Business Rifle
Shiloh Sharps 1874 Military Rifle
Sharps 1874 Old Reliable
Thompson/Center Contender Carbine
Thompson/Center Stainless Contender Carbine
Thompson/Center Contender Carbine Survival System
Thompson/Center Contender Carbine Youth Model
Thompson/Center TCR '87 Single Shot Rifle
Uberti Rolling Block Baby Carbine
Drillings, Combination Guns, Double Rifles
Beretta Express SSO O/U Double Rifles
Beretta Model 455 SxS Express Rifle
Chapuis RGExpress Double Rifle
Auguste Francotte Sidelock Double Rifles
Auguste Francotte Boxlock Double Rifle
Heym Model 55B O/U Double Rifle
Heym Model 55FW O/U Combo Gun
Heym Model 88b Side-by-Side Double Rifle
Kodiak Mk. IV Double Rifle
Kreighoff Teck O/U Combination Gun
Kreighoff Trumpf Drilling
Merkel Over/Under Combination Guns
Merkel Drillings
Merkel Model 160 Side-by-Side Double Rifles
Merkel Over/Under Double Rifles
Savage 24F O/U Combination Gun
Savage 24F-12T Turkey Gun
Springfield Inc. M6 Scout Rifle/Shotgun
Tikka Model 412s Combination Gun
Tikka Model 412S Double Fire
A. Zoli Rifle-Shotgun O/U Combo
Rimfire Rifles--Autoloaders
AMT Lightning 25/22 Rifle
AMT Lightning Small-Game Hunting Rifle II
AMT Magnum Hunter Auto Rifle
Anschutz 525 Deluxe Auto
Armscor Model 20P Auto Rifle
Browning Auto-22 Rifle
Browning Auto-22 Grade VI
Krico Model 260 Auto Rifle
Lakefield Arms Model 64B Auto Rifle
Marlin Model 60 Self-Loading Rifle
Marlin Model 60ss Self-Loading Rifle
Marlin Model 70 HC Auto
Marlin Model 990l Self-Loading Rifle
Marlin Model 70P Papoose
Marlin Model 922 Magnum Self-Loading Rifle
Marlin Model 995 Self-Loading Rifle
Norinco Model 22 ATD Rifle
Remington Model 522 Viper Autoloading Rifle
Remington 552BDL Speedmaster Rifle
Ruger 10/22 Autoloading Carbine (w/o folding stock)
Survival Arms AR-7 Explorer Rifle
Texas Remington Revolving Carbine
Voere Model 2115 Auto Rifle
Rimfire Rifles--Lever & Slide Action
Browning BL-22 Lever-Action Rifle
Marlin 39TDS Carbine
Marlin Model 39AS Golden Lever-Action Rifle
Remington 572BDL Fieldmaster Pump Rifle
Norinco EM-321 Pump Rifle
Rossi Model 62 SA Pump Rifle
Rossi Model 62 SAC Carbine
Winchester Model 9422 Lever-Action Rifle
Winchester Model 9422 Magnum Lever-Action Rifle
Rimfire Rifles--Bolt Actions & Single Shots
Anschutz Achiever Bolt-Action Rifle
Anschutz 1416D/1516D Classic Rifles
Anschutz 1418D/1518D Mannlicher Rifles
Anschutz 1700D Classic Rifles
Anschutz 1700D Custom Rifles
Anschutz 1700 FWT Bolt-Action Rifle
Anschutz 1700D Graphite Custom Rifle
Anschutz 1700D Bavarian Bolt-Action Rifle
Armscor Model 14P Bolt-Action Rifle
Armscor Model 1500 Rifle
BRNO ZKM-452 Deluxe Bolt-Action Rifle
BRNO ZKM 452 Deluxe
Beeman/HW 60-J-ST Bolt-Action Rifle
Browning A-Bolt 22 Bolt-Action Rifle
Browning A-Bolt Gold Medallion
Cabanas Phaser Rifle
Cabanas Master Bolt-Action Rifle
Cabanas Espronceda IV Bolt-Action Rifle
Cabanas Leyre Bolt-Action Rifle
Chipmunk Single Shot Rifle
Cooper Arms Model 36S Sporter Rifle
Dakota 22 Sporter Bolt-Action Rifle
Krico Model 300 Bolt-Action Rifles
Lakefield Arms Mark II Bolt-Action Rifle
Lakefield Arms Mark I Bolt-Action Rifle
Magtech Model MT-22C Bolt-Action Rifle
Marlin Model 880 Bolt-Action Rifle
Marlin Model 881 Bolt-Action Rifle
Marlin Model 882 Bolt-Action Rifle
Marlin Model 883 Bolt-Action Rifle
Marlin Model 883SS Bolt-Action Rifle
Marlin Model 25MN Bolt-Action Rifle
Marlin Model 25N Bolt-Action Repeater
Marlin Model 15YN ``Little Buckaroo''
Mauser Model 107 Bolt-Action Rifle
Mauser Model 201 Bolt-Action Rifle
Navy Arms TU-KKW Training Rifle
Navy Arms TU-33/40 Carbine
Navy Arms TU-KKW Sniper Trainer
Norinco JW-27 Bolt-Action Rifle
Norinco JW-15 Bolt-Action Rifle
Remington 541-T
Remington 40-XR Rimfire Custom sporter
Remington 541-T HB Bolt-Action Rifle
Remington 581-S Sportsman Rifle
Ruger 77/22 Rimfire Bolt-Action Rifle
Ruger K77/22 Varmint Rifle
Ultra Light Arms Model 20 RF Bolt-Action Rifle
Winchester Model 52B Sporting Rifle
Competition Rifles--Centerfire & Rimfire
Anschutz 64-MS Left Silhouette
Anschutz 1808D RT Super Match 54 Target
Anschutz 1827B Biathlon Rifle
Anschutz 1903D Match Rifle
Anschutz 1803D Intermediate Match
Anschutz 1911 Match Rifle
Anschutz 54.18MS REP Deluxe Silhouette Rifle
Anschutz 1913 Super Match Rifle
Anschutz 1907 Match Rifle
Anschutz 1910 Super Match II
Anschutz 54.18MS Silhouette Rifle
Anschutz Super Match 54 Target Model 2013
Anschutz Super Match 54 Target Model 2007
Beeman/Feinwerkbau 2600 Target Rifle
Cooper Arms Model TRP-1 ISU Standard Rifle
E.A.A./Weihrauch HW 60 Target Rifle
E.A.A./HW 660 Match Rifle
Finnish Lion Standard Target Rifle
Krico Model 360 S2 Biathlon Rifle
Krico Model 400 Match Rifle
Krico Model 360S Biathlon Rifle
Krico Model 500 Kricotronic Match Rifle
Krico Model 600 Sniper Rifle
Krico Model 600 Match Rifle
Lakefield Arms Model 90B Target Rifle
Lakefield Arms Model 91T Target Rifle
Lakefield Arms Model 92S Silhouette Rifle
Marlin Model 2000 Target Rifle
Mauser Model 86-SR Specialty Rifle
McMillan M-86 Sniper Rifle
McMillan Combo M-87/M-88 50-Caliber Rifle
McMillan 300 Phoenix Long Range Rifle
McMillan M-89 Sniper Rifle
McMillan National Match Rifle
McMillan Long Range Rifle
Parker-Hale M-87 Target Rifle
Parker-Hale M-85 Sniper Rifle
Remington 40-XB Rangemaster Target Centerfire
Remington 40-XR KS Rimfire Position Rifle
Remington 40-XBBR KS
Remington 40-XC KS National Match Course Rifle
Sako TRG-21 Bolt-Action Rifle
Steyr-Mannlicher Match SPG-UIT Rifle
Steyr-Mannlicher SSG P-I Rifle
Steyr-Mannlicher SSG P-III Rifle
Steyr-Mannlicher SSG P-IV Rifle
Tanner Standard UIT Rifle
Tanner 50 Meter Free Rifle
[[Page 793]]
Tanner 300 Meter Free Rifle
Wichita Silhouette Rifle
Shotguns--Autoloaders
American Arms/Franchi Black Magic 48/AL
Benelli Super Black Eagle Shotgun
Benelli Super Black Eagle Slug Gun
Benelli M1 Super 90 Field Auto Shotgun
Benelli Montefeltro Super 90 20-Gauge Shotgun
Benelli Montefeltro Super 90 Shotgun
Benelli M1 Sporting Special Auto Shotgun
Benelli Black Eagle Competition Auto Shotgun
Beretta A-303 Auto Shotgun
Beretta 390 Field Auto Shotgun
Beretta 390 Super Trap, Super Skeet Shotguns
Beretta Vittoria Auto Shotgun
Beretta Model 1201F Auto Shotgun
Browning BSA 10 Auto Shotgun
Browning Bsa 10 Stalker Auto Shotgun
Browning A-500R Auto Shotgun
Browning A-500G Auto Shotgun
Browning A-500G Sporting Clays
Browning Auto-5 Light 12 and 20
Browning Auto-5 Stalker
Browning Auto-5 Magnum 20
Browning Auto-5 Magnum 12
Churchill Turkey Automatic Shotgun
Cosmi Automatic Shotgun
Maverick Model 60 Auto Shotgun
Mossberg Model 5500 Shotgun
Mossberg Model 9200 Regal Semi-Auto Shotgun
Mossberg Model 9200 USST Auto Shotgun
Mossberg Model 9200 Camo Shotgun
Mossberg Model 6000 Auto Shotgun
Remington Model 1100 Shotgun
Remington 11-87 Premier shotgun
Remington 11-87 Sporting Clays
Remington 11-87 Premier Skeet
Remington 11-87 Premier Trap
Remington 11-87 Special Purpose Magnum
Remington 11-87 SPS-T Camo Auto Shotgun
Remington 11-87 Special Purpose Deer Gun
Remington 11-87 SPS-BG-Camo Deer/Turkey Shotgun
Remington 11-87 SPS-Deer Shotgun
Remington 11-87 Special Purpose Synthetic Camo
Remington SP-10 Magnum-Camo Auto Shotgun
Remington SP-10 Magnum Auto Shotgun
Remington SP-10 Magnum Turkey Combo
Remington 1100 LT-20 Auto
Remington 1100 Special Field
Remington 1100 20-Gauge Deer Gun
Remington 1100 LT-20 Tournament Skeet
Winchester Model 1400 Semi-Auto Shotgun
Shotguns--Slide Actions
Browning Model 42 Pump Shotgun
Browning BPS Pump Shotgun
Browning BPS Stalker Pump Shotgun
Browning BPS Pigeon Grade Pump Shotgun
Browning BPS pump Shotgun (Ladies and Youth Model)
Browning BPS Game Gun Turkey Special
Browning BPS Game Gun Deer Special
Ithaca Model 87 Supreme Pump Shotgun
Ithaca Model 87 Deerslayer Shotgun
Ithaca Deerslayer II Rifled Shotgun
Ithaca Model 87 Turkey Gun
Ithaca Model 87 Deluxe Pump Shotgun
Magtech Model 586-VR Pump Shotgun
Maverick Models 88, 91 Pump Shotguns
Mossberg Model 500 Sporting Pump
Mossberg Model 500 Camo Pump
Mossberg Model 500 Muzzleloader Combo
Mossberg Model 500 Trophy Slugster
Mossberg Turkey Model 500 Pump
Mossberg Model 500 Bantam Pump
Mossberg Field Grade Model 835 Pump Shotgun
Mossberg Model 835 Regal Ulti-Mag Pump
Remington 870 Wingmaster
Remington 870 Special Purpose Deer Gun
Remington 870 SPS-BG-Camo Deer/Turkey Shotgun
Remington 870 SPS-Deer Shotgun
Remington 870 Marine Magnum
Remington 870 TC Trap
Remington 870 Special Purpose Synthetic Camo
Remington 870 Wingmaster Small Gauges
Remington 870 Express Rifle Sighted Deer Gun
Remington 879 SPS Special Purpose Magnum
Remington 870 SPS-T Camo Pump Shotgun
Remington 870 Special Field
Remington 870 Express Turkey
Remington 870 High Grades
Remington 870 Express
Remington Model 870 Express Youth Gun
Winchester Model 12 Pump Shotgun
Winchester Model 42 High Grade Shotgun
Winchester Model 1300 Walnut Pump
Winchester Model 1300 Slug Hunter Deer Gun
Winchester Model 1300 Ranger Pump Gun Combo & Deer Gun
Winchester Model 1300 Turkey Gun
Winchester Model 1300 Ranger Pump Gun
Shotguns--Over/Unders
American Arms/Franchi Falconet 2000 O/U
American Arms Silver I O/U
American Arms Silver II Shotgun
American Arms Silver Skeet O/U
American Arms/Franchi Sporting 2000 O/U
American Arms Silver Sporting O/U
American Arms Silver Trap O/U
American Arms WS/OU 12, TS/OU 12 Shotguns
American Arms WT/OU 10 Shotgun
Armsport 2700 O/U Goose Gun
Armsport 2700 Series O/U
Armsport 2900 Tri-Barrel Shotgun
Baby Bretton Over/Under Shotgun
Beretta Model 686 Ultralight O/U
Beretta ASE 90 Competition O/U Shotgun
Beretta Over/Under Field Shotguns
Beretta Onyx Hunter Sport O/U Shotgun
Beretta Model SO5, SO6, SO9 Shotguns
Beretta Sporting Clay Shotguns
Beretta 687EL Sporting O/U
Beretta 682 Super Sporting O/U
Beretta Series 682 Competition Over/Unders
Browning Citori O/U Shotgun
Browning Superlight Citori Over/Under
Browning Lightning Sporting Clays
Browning Micro Citori Lightning
Browning Citori Plus Trap Combo
Browning Citori Plus Trap Gun
Browning Citori O/U Skeet Models
Browning Citori O/U Trap Models
Browning Special Sporting Clays
Browning Citori GTI Sporting Clays
Browning 325 Sporting Clays
Centurion Over/Under Shotgun
Chapuis Over/Under Shotgun
Connecticut Valley Classics Classic Sporter O/U
Connecticut Valley Classics Classic Field Waterfowler
Charles Daly Field Grade O/U
Charles Daly Lux Over/Under
E.A.A./Sabatti Sporting Clays Pro-Gold O/U
E.A.A/Sabatti Falcon-Mon Over/Under
Kassnar Grade I O/U Shotgun
Krieghoff K-80 Sporting Clays O/U
Krieghoff K-80 Skeet Shotgun
Krieghoff K-80 International Skeet
Krieghoff K-80 Four-Barrel Skeet Set
Krieghoff K-80/RT Shotguns
Krieghoff K-80 O/U Trap Shotgun
Laurona Silhouette 300 Sporting Clays
Laurona Silhouette 300 Trap
Laurona Super Model Over/Unders
Ljutic LM-6 Deluxe O/U Shotgun
Marocchi Conquista Over/Under Shotgun
Marocchi Avanza O/U Shotgun
Merkel Model 200E O/U Shotgun
Merkel Model 200E Skeet, Trap Over/Unders
Merkel Model 203E, 303E Over/Under Shotguns
Perazzi Mirage Special Sporting O/U
Perazzi Mirage Special Four-Gauge Skeet
Perazzi Sporting Classic O/U
Perazzi MX7 Over/Under Shotguns
Perazzi Mirage Special Skeet Over/Under
Perazzi MX8/MX8 Special Trap, Skeet
Perazzi MX8/20 Over/Under Shotgun
Perazzi MX9 Single Over/Under Shotguns
Perazzi MX12 Hunting Over/Under
Perazzi MX28, MX410 Game O/U Shotguns
Perazzi MX20 Hunting Over/Under
Piotti Boss Over/Under Shotgun
Remington Peerless Over/Under Shotgun
Ruger Red Label O/U Shotgun
Ruger Sporting Clays O/U Shotgun
San Marco 12-Ga. Wildflower Shotgun
San Marco Field Special O/U Shotgun
San Marco 10-Ga. O/U Shotgun
SKB Model 505 Deluxe Over/Under Shotgun
SKB Model 685 Over/Under Shotgun
SKB Model 885 Over/Under Trap, Skeet, Sporting Clays
Stoeger/IGA Condor I O/U Shotgun
Stoeger/IGA ERA 2000 Over/Under Shotgun
Techni-Mec Model 610 Over/Under
Tikka Model 412S Field Grade Over/Under
Weatherby Athena Grade IV O/U Shotguns
Weatherby Athena Grade V Classic Field O/U
Weatherby Orion O/U Shotguns
Weatherby II, III Classic Field O/Us
Weatherby Orion II Classic Sporting Clays O/U
Weatherby Orion II Sporting Clays O/U
Winchester Model 1001 O/U Shotgun
Winchester Model 1001 Sporting Clays O/U
Pietro Zanoletti Model 2000 Field O/U
Shotguns--Side by Sides
American Arms Brittany Shotgun
[[Page 794]]
American Arms Gentry Double Shotgun
American Arms Derby Side-by-Side
American Arms Grulla #2 Double Shotgun
American Arms WS/SS 10
American Arms TS/SS 10 Double Shotgun
American Arms TS/SS 12 Side-by-Side
Arrieta Sidelock Double Shotguns
Armsport 1050 Series Double Shotguns
Arizaga Model 31 Double Shotgun
AYA Boxlock Shotguns
AYA Sidelock Double Shotguns
Beretta Model 452 Sidelock Shotgun
Beretta Side-by-Side Field Shotguns
Crucelegui Hermanos Model 150 Double
Chapuis Side-by-Side Shotgun
E.A.A./Sabatti Saba-Mon Double Shotgun
Charles Daly Model Dss Double
Ferlib Model F VII Double Shotgun
Auguste Francotte Boxlock Shotgun
Auguste Francotte Sidelock Shotgun
Garbi Model 100 Double
Garbi Model 101 Side-by-Side
Garbi Model 103A, B Side-by-Side
Garbi Model 200 Side-by-Side
Bill Hanus Birdgun Doubles
Hatfield Uplander Shotgun
Merkell Model 8, 47E Side-by-Side Shotguns
Merkel Model 47LSC Sporting Clays Double
Merkel Model 47S, 147S Side-by-Sides
Parker Reproductions Side-by-Side
Piotti King No. 1 Side-by-Side
Piotti Lunik Side-by-Side
Piotti King Extra Side-by-Side
Piotti Piuma Side-by-Side
Precision Sports Model 600 Series Doubles
Rizzini Boxlock Side-by-Side
Rizzini Sidelock Side-by-Side
Stoeger/IGA Uplander Side-by-Side Shotgun
Ugartechea 10-Ga. Magnum Shotgun
Shotguns--Bolt Actions & Single Shots
Armsport Single Barrel Shotgun
Browning BT-99 Competition Trap Special
Browning BT-99 Plus Trap Gun
Browning BT-99 Plus Micro
Browning Recoilless Trap Shotgun
Browning Micro Recoilless Trap Shotgun
Desert Industries Big Twenty Shotgun
Harrington & Richardson Topper Model 098
Harrington & Richardson Topper Classic Youth Shotgun
Harrington & Richardson N.W.T.F. Turkey Mag
Harrington & Richardson Topper Deluxe Model 098
Krieghoff KS-5 Trap Gun
Krieghoff KS-5 Special
Krieghoff K-80 Single Barrel Trap Gun
Ljutic Mono Gun Single Barrel
Ljutic LTX Super Deluxe Mono Gun
Ljutic Recoilless Space Gun Shotgun
Marlin Model 55 Goose Gun Bolt Action
New England Firearms Turkey and Goose Gun
New England Firearms N.W.T.F. Shotgun
New England Firearms Tracker Slug Gun
New England Firearms Standard Pardner
New England Firearms Survival Gun
Perazzi TM1 Special Single Trap
Remington 90-T Super Single Shotgun
Snake Charmer II Shotgun
Stoeger/IGA Reuna Single Barrel Shotgun
Thompson/Center TCR '87 Hunter Shotgun.''.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
Mr. SENSENBRENNER moved to recommit the bill to the Committee on the
Judiciary.
By unanimous consent, the previous question was ordered on the motion
to recommit.
The question being put, viva voce,
Will the House recommit said bill?
The SPEAKER announced that the nays had it.
So the motion to recommit was not agreed to.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER announced that the yeas had it.
Mr. SENSENBRENNER demanded that the vote be taken by the yeas and
nays, which demand was supported by one-fifth of the Members present, so
the yeas and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
216
<3-line {>
affirmative
Nays
214
Para. 44.9 [Roll No. 156]
YEAS--216
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barrett (WI)
Bateman
Becerra
Beilenson
Bereuter
Berman
Bishop
Blackwell
Blute
Boehlert
Bonior
Borski
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Castle
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Coppersmith
Coyne
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (NJ)
Furse
Gejdenson
Gephardt
Gibbons
Gilchrest
Glickman
Gonzalez
Greenwood
Gutierrez
Hall (OH)
Hamburg
Harman
Hastings
Hoagland
Hochbrueckner
Horn
Houghton
Hoyer
Huffington
Hughes
Hyde
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson, E.B.
Johnston
Kaptur
Kasich
Kennedy
Kennelly
Kildee
King
Kleczka
Klein
Klug
Kreidler
LaFalce
Lambert
Lantos
Lazio
Leach
Lehman
Levin
Levy
Lewis (GA)
Lipinski
Lloyd
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCurdy
McDade
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Moran
Morella
Nadler
Neal (MA)
Neal (NC)
Olver
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Penny
Pickle
Pomeroy
Porter
Price (NC)
Pryce (OH)
Quinn
Rangel
Reed
Reynolds
Ridge
Roemer
Ros-Lehtinen
Rostenkowski
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Saxton
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Skaggs
Slattery
Slaughter
Smith (NJ)
Spratt
Stark
Stokes
Studds
Swett
Swift
Synar
Thompson
Torres
Torricelli
Towns
Traficant
Tucker
Valentine
Velazquez
Vento
Visclosky
Washington
Waters
Watt
Waxman
Wheat
Woolsey
Wyden
Wynn
Yates
Young (FL)
NAYS--214
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Bartlett
Barton
Bentley
Bevill
Bilbray
Bilirakis
Bliley
Boehner
Bonilla
Boucher
Brewster
Brooks
Browder
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Chapman
Clement
Clinger
Coble
Collins (GA)
Combest
Cooper
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLay
Diaz-Balart
Dickey
Dingell
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fields (TX)
Fish
Fowler
Franks (CT)
Frost
Gallegly
Gallo
Gekas
Geren
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Hunter
Hutchinson
Hutto
Inglis
Inhofe
Istook
Johnson (SD)
Johnson, Sam
Kanjorski
Kim
Kingston
Klink
Knollenberg
Kolbe
Kopetski
Kyl
Lancaster
LaRocco
Laughlin
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Manzullo
McCandless
McCloskey
McCollum
McCrery
McHugh
McInnis
McKeon
McMillan
Mica
Mollohan
Montgomery
Moorhead
Murphy
Murtha
Myers
Nussle
Oberstar
Obey
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Portman
Poshard
Quillen
Rahall
Ramstad
Ravenel
Regula
Richardson
Roberts
Rohrabacher
Rose
Roth
Rowland
Royce
Santorum
Sarpalius
Schaefer
Schiff
Sensenbrenner
Shuster
Sisisky
Skeen
Skelton
Smith (IA)
Smith (MI)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Strickland
Stump
Stupak
Sundquist
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thornton
Thurman
Torkildsen
Unsoeld
Upton
Volkmer
Vucanovich
Walker
Walsh
Weldon
Whitten
Williams
Wilson
Wise
Wolf
Young (AK)
Zeliff
Zimmer
NOT VOTING--2
Long
Rogers
So the bill was passed.
[[Page 795]]
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 44.10 waiving points of order against the conference report on s.
636
Ms. SLAUGHTER, by direction of the Committee on Rules, called up the
following resolution (H. Res. 417):
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (S. 636) to amend the Public Health Service Act to
permit individuals to have freedom of access to certain
medical clinics and facilities, and for other purposes. All
points of order against the conference report and against its
consideration are waived. The conference report shall be
considered as read.
When said resolution was considered.
After debate,
On motion of Ms. SLAUGHTER, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. McNULTY, announced that the nays had it.
Ms. SLAUGHTER objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
236
When there appeared
<3-line {>
Nays
181
Para. 44.11 [Roll No. 157]
YEAS--236
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barrett (WI)
Becerra
Beilenson
Berman
Bilbray
Bishop
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Coyne
Cramer
Danner
Darden
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Frost
Furse
Gallo
Gejdenson
Gephardt
Geren
Gibbons
Gilman
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Horn
Houghton
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kleczka
Klein
Klug
Kolbe
Kopetski
Kreidler
Lambert
Lancaster
Lantos
LaRocco
Leach
Lehman
Levin
Lewis (GA)
Lloyd
Lowey
Machtley
Maloney
Mann
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Molinari
Moran
Morella
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pickle
Pomeroy
Porter
Pryce (OH)
Ramstad
Rangel
Reed
Reynolds
Richardson
Roemer
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schroeder
Schumer
Scott
Sharp
Shays
Shepherd
Sisisky
Skaggs
Slattery
Slaughter
Smith (IA)
Snowe
Spratt
Stokes
Strickland
Studds
Swift
Synar
Tanner
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Washington
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Zeliff
Zimmer
NAYS--181
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barlow
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehner
Bonilla
Browder
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Costello
Cox
Crane
Crapo
Cunningham
de la Garza
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Hobson
Hoekstra
Hoke
Holden
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kasich
Kildee
Kim
King
Kingston
Klink
Knollenberg
Kyl
LaFalce
Lazio
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Manton
Manzullo
McCandless
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Mollohan
Montgomery
Moorhead
Murphy
Myers
Nussle
Ortiz
Oxley
Packard
Parker
Paxon
Penny
Peterson (MN)
Petri
Pombo
Portman
Poshard
Quillen
Quinn
Rahall
Ravenel
Regula
Ridge
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shuster
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stenholm
Stump
Stupak
Sundquist
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Upton
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
NOT VOTING--15
Bevill
Blackwell
Clement
Fish
Foglietta
Herger
Laughlin
Long
McCollum
Price (NC)
Rogers
Rose
Serrano
Stark
Swett
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 44.12 freedom of access to clinics
Mr. BROOKS, pursuant to House Resolution 417, called up the following
conference report (Rept. No. 103-488):
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the House to the bill (S.
636), to amend the Public Health Service Act to permit
individuals to have freedom of access to certain medical
clinics and facilities, and for other purposes, having met,
after full and free conference, have agreed to recommend and
do recommend to their respective Houses as follows:
That the Senate recede from its disagreement to the
amendment of the House to the text of the bill and agree to
the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the House
amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom of Access to Clinic
Entrances Act of 1994''.
SEC. 2. PURPOSE.
Pursuant to the affirmative power of Congress to enact this
legislation under section 8 of article I of the Constitution,
as well as under section 5 of the fourteenth amendment to the
Constitution, it is the purpose of this Act to protect and
promote the public safety and health and activities affecting
interstate commerce by establishing Federal criminal
penalties and civil remedies for certain violent,
threatening, obstructive and destructive conduct that is
intended to injure, intimidate or interfere with persons
seeking to obtain or provide reproductive health services.
SEC. 3. FREEDOM OF ACCESS TO CLINIC ENTRANCES.
Chapter 13 of title 18, United States Code, is amended by
adding at the end thereof the following new section:
``Sec. 248. Freedom of Access to Clinic Entrances.
``(a) Prohibited Activities.--Whoever--
``(1) by force or threat of force or by physical
obstruction, intentionally injures, intimidates or interferes
with or attempts to injure, intimidate or interfere with any
person because that person is or has been, or in order to
intimidate such person or any other person or any class of
persons from, obtaining or providing reproductive health
services;
``(2) by force or threat of force or by physical
obstruction, intentionally injures, intimidates or interferes
with or attempts to injure, intimidate or interfere with any
person lawfully exercising or seeking to exercise the First
Amendment right of religious freedom at a place of religious
worship; or
``(3) intentionally damages or destroys the property of a
facility, or attempts to do so, because such facility
provides reproductive health services, or intentionally
damages or destroys the property of a place of religious
worship,
shall be subject to the penalties provided in subsection (b)
and the civil remedies provided in subsection (c), except
that a parent or legal guardian of a minor shall not be
subject to any penalties or civil remedies under this section
for such activities insofar as they are directed exclusively
at that minor.
[[Page 796]]
``(b) Penalties.--Whoever violates this section shall--
``(1) in the case of a first offense, be fined in
accordance with this title, or imprisoned not more than one
year, or both; and
``(2) in the case of a second or subsequent offense after a
prior conviction under this section, be fined in accordance
with this title, or imprisoned not more than 3 years, or
both;
except that for an offense involving exclusively a nonviolent
physical obstruction, the fine shall be not more than $10,000
and the length of imprisonment shall be not more than six
months, or both, for the first offense; and the fine shall be
not more than $25,000 and the length of imprisonment shall be
not more than 18 months, or both, for a subsequent offense;
and except that if bodily injury results, the length of
imprisonment shall be not more than 10 years, and if death
results, it shall be for any term of years or for life.
``(c) Civil Remedies.--
``(1) Right of action.--
``(A) In general.--Any person aggrieved by reason of the
conduct prohibited by subsection (a) may commence a civil
action for the relief set forth in subparagraph (B), except
that such an action may be brought under subsection (a)(1)
only by a person involved in providing or seeking to provide,
or obtaining or seeking to obtain, services in a facility
that provides reproductive health services, and such an
action may be brought under subsection (a)(2) only by a
person lawfully exercising or seeking to exercise the First
Amendment right of religious freedom at a place of religious
worship or by the entity that owns or operates such place of
religious worship.
``(B) Relief.--In any action under subparagraph (A), the
court may award appropriate relief, including temporary,
preliminary or permanent injunctive relief and compensatory
and punitive damages, as well as the costs of suit and
reasonable fees for attorneys and expert witnesses. With
respect to compensatory damages, the plaintiff may elect, at
any time prior to the rendering of final judgment, to
recover, in lieu of actual damages, an award of statutory
damages in the amount of $5,000 per violation.
``(2) Action by attorney general of the united states.--
``(A) In general.--If the Attorney General of the United
States has reasonable cause to believe that any person or
group of persons is being, has been, or may be injured by
conduct constituting a violation of this section, the
Attorney General may commence a civil action in any
appropriate United States District Court.
``(B) Relief.--In any action under subparagraph (A), the
court may award appropriate relief, including temporary,
preliminary or permanent injunctive relief, and compensatory
damages to persons aggrieved as described in paragraph
(1)(B). The court, to vindicate the public interest, may also
assess a civil penalty against each respondent--
``(i) in an amount not exceeding $10,000 for a nonviolent
physical obstruction and $15,000 for other first violations;
and
``(ii) in an amount not exceeding $15,000 for a nonviolent
physical obstruction and $25,000 for any other subsequent
violation.
``(3) Actions by state attorneys general.--
``(A) In general.--If the Attorney General of a State has
reasonable cause to believe that any person or group of
persons is being, has been, or may be injured by conduct
constituting a violation of this section, such Attorney
General may commence a civil action in the name of such
State, as parens patriae on behalf of natural persons
residing in such State, in any appropriate United States
District Court.
``(B) Relief.--In any action under subparagraph (A), the
court may award appropriate relief, including temporary,
preliminary or permanent injunctive relief, compensatory
damages, and civil penalties as described in paragraph
(2)(B).
``(d) Rules of Construction.--Nothing in this section shall
be construed--
``(1) to prohibit any expressive conduct (including
peaceful picketing or other peaceful demonstration) protected
from legal prohibition by the First Amendment to the
Constitution;
``(2) to create new remedies for interference with
activities protected by the free speech or free exercise
clauses of the First Amendment to the Constitution, occurring
outside a facility, regardless of the point of view
expressed, or to limit any existing legal remedies for such
interference;
``(3) to provide exclusive criminal penalties or civil
remedies with respect to the conduct prohibited by this
section, or to preempt State or local laws that may provide
such penalties or remedies; or
``(4) to interfere with the enforcement of State or local
laws regulating the performance of abortions or other
reproductive health services.
``(e) Definitions.--As used in this section:
``(1) Facility.--The term `facility' includes a hospital,
clinic, physician's office, or other facility that provides
reproductive health services, and includes the building or
structure in which the facility is located.
``(2) Interfere with.--The term `interfere with' means to
restrict a person's freedom of movement.
``(3) Intimidate.--The term `intimidate' means to place a
person in reasonable apprehension of bodily harm to him- or
herself or to another.
``(4) Physical obstruction.--The term `physical
obstruction' means rendering impassable ingress to or egress
from a facility that provides reproductive health services or
to or from a place of religious worship, or rendering passage
to or from such a facility or place of religious worship
unreasonably difficult or hazardous.
``(5) Reproductive health services.--The term `reproductive
health services' means reproductive health services provided
in a hospital, clinic, physician's office, or other facility,
and includes medical, surgical, counselling or referral
services relating to the human reproductive system, including
services relating to pregnancy or the termination of a
pregnancy.
``(6) State.--The term `State' includes a State of the
United States, the District of Columbia, and any
commonwealth, territory, or possession of the United
States.''.
SEC. 4. CLERICAL AMENDMENT.
The table of sections at the beginning of chapter 13 of
title 18, United States Code, is amended by adding at the end
the following new item:
``248. Blocking access to reproductive health services.''.
SEC. 5. SEVERABILITY.
If any provision of this Act, an amendment made by this
Act, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, the
remainder of this Act, the amendments made by this Act, and
the application of the provisions of such to any other person
or circumstance shall not be affected thereby.
SEC. 6. EFFECTIVE DATE.
This Act takes effect on the date of the enactment of this
Act, and shall apply only with respect to conduct occurring
on or after such date.
And the House agree to the same.
That the Senate recede from its disagreement to the
amendment of the House to the title of the bill, and agree to
the same.
Jack Brooks,
Charles Schumer,
Don Edwards,
John Conyers, Jr.,
Pat Schroeder,
John D. Dingell,
Henry A. Waxman,
Mike Synar,
Managers on the Part of the House.
Ted Kennedy,
Claiborne Pell,
Howard M. Metzenbaum,
Paul Simon,
Barbara A. Mikulski,
Jim Jeffords,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
On motion of Mr. BROOKS, the previous question was ordered on the
conference report to its adoption or rejection.
Mr. SENSENBRENNER moved to recommit the conference report on the bill
of the Senate (S. 636) to the committee of conference with instructions
to adopt the House language on attorneys fees, that the court may award
to the prevailing party, whether plaintiff or defendant, other than the
United States, reasonable fees for attorneys and expert witnesses
By unanimous consent, the previous question was ordered on the motion
to recommit.
The question being put, viva voce,
Will the House recommit said conference report?
The SPEAKER pro tempore, Mr. McNULTY, announced that the nays had it.
Mr. SENSENBRENNER objected to the vote on the ground that a quorum was
not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
193
When there appeared
<3-line {>
Nays
222
Para. 44.13 [Roll No. 158]
YEAS--193
Allard
Applegate
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehner
Bonilla
Borski
Browder
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Clinger
Coble
Collins (GA)
Combest
Costello
Cox
Crane
Crapo
Cunningham
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Hobson
Hoekstra
Hoke
Holden
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kanjorski
Kasich
Kildee
Kim
King
[[Page 797]]
Kingston
Klink
Knollenberg
Kyl
LaFalce
Lazio
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Manton
Manzullo
Mazzoli
McCandless
McCrery
McDade
McHugh
McKeon
McMillan
McNulty
Meyers
Mica
Michel
Miller (FL)
Minge
Mollohan
Moorhead
Murphy
Murtha
Myers
Nussle
Oberstar
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Penny
Peterson (MN)
Petri
Pombo
Porter
Portman
Poshard
Quillen
Quinn
Rahall
Ravenel
Regula
Ridge
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shuster
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stenholm
Stump
Stupak
Sundquist
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
NAYS--222
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Baesler
Barca
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bilbray
Bishop
Boehlert
Bonior
Boucher
Brewster
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Coyne
Cramer
Danner
Darden
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallo
Gejdenson
Gephardt
Gibbons
Gilman
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hamburg
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kaptur
Kennedy
Kennelly
Kleczka
Klein
Klug
Kolbe
Kopetski
Kreidler
Lambert
Lancaster
Lantos
LaRocco
Leach
Lehman
Levin
Lewis (GA)
Lloyd
Lowey
Machtley
Maloney
Mann
Margolies-Mezvinsky
Markey
Martinez
Matsui
McCloskey
McCurdy
McDermott
McHale
McInnis
McKinney
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Molinari
Montgomery
Moran
Morella
Nadler
Neal (MA)
Obey
Olver
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pickle
Pomeroy
Pryce (OH)
Ramstad
Rangel
Reed
Reynolds
Roemer
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schroeder
Schumer
Scott
Sharp
Shays
Shepherd
Sisisky
Skaggs
Slattery
Slaughter
Smith (IA)
Snowe
Spratt
Stokes
Strickland
Studds
Swift
Synar
Tanner
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Washington
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Zeliff
Zimmer
NOT VOTING--17
Bevill
Blackwell
Clement
Doolittle
Fish
Foglietta
Herger
Laughlin
Long
McCollum
Neal (NC)
Price (NC)
Richardson
Rogers
Serrano
Stark
Swett
So the motion to recommit with instructions was not agreed to.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. McNULTY, announced that the yeas had it.
Mr. SENSENBRENNER demanded a recorded vote on agreeing to said
conference report, which demand was supported by one-fifth of a quorum,
so a recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
241
<3-line {>
affirmative
Nays
174
Para. 44.14 [Roll No. 159]
AYES--241
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Baesler
Barca
Barrett (WI)
Becerra
Beilenson
Bereuter
Berman
Bilbray
Bishop
Boehlert
Bonior
Boucher
Brewster
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Coyne
Cramer
Cunningham
Danner
Darden
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallo
Gejdenson
Gephardt
Geren
Gibbons
Gilman
Glickman
Gonzalez
Gordon
Green
Greenwood
Gutierrez
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Horn
Houghton
Hoyer
Huffington
Hughes
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kennedy
Kennelly
Kleczka
Klein
Klug
Kolbe
Kopetski
Kreidler
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Lewis (GA)
Lloyd
Lowey
Machtley
Maloney
Mann
Margolies-Mezvinsky
Markey
Martinez
Matsui
McCandless
McCloskey
McCurdy
McDermott
McHale
McHugh
McInnis
McKinney
McMillan
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Molinari
Moran
Morella
Nadler
Neal (MA)
Obey
Olver
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pickle
Pomeroy
Porter
Pryce (OH)
Ramstad
Rangel
Reed
Reynolds
Ridge
Roemer
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schiff
Schroeder
Schumer
Scott
Sharp
Shays
Shepherd
Sisisky
Skaggs
Slattery
Slaughter
Smith (IA)
Snowe
Spratt
Stokes
Strickland
Studds
Swift
Synar
Tanner
Thomas (CA)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Washington
Waters
Watt
Waxman
Wheat
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Zeliff
Zimmer
NOES--174
Allard
Applegate
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barlow
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bilirakis
Bliley
Blute
Boehner
Bonilla
Borski
Browder
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Clinger
Coble
Collins (GA)
Combest
Costello
Cox
Crane
Crapo
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Dornan
Dreier
Duncan
Ehlers
Emerson
Everett
Ewing
Fields (TX)
Gallegly
Gekas
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Gunderson
Hall (OH)
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Hobson
Hoekstra
Hoke
Holden
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kildee
Kim
King
Kingston
Klink
Knollenberg
Kyl
LaFalce
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Manton
Manzullo
Mazzoli
McCrery
McDade
McKeon
McNulty
Mica
Michel
Miller (FL)
Mollohan
Montgomery
Moorhead
Murphy
Murtha
Myers
Nussle
Oberstar
Ortiz
Oxley
Packard
Parker
Paxon
Penny
Peterson (MN)
Petri
Pombo
Portman
Poshard
Quillen
Quinn
Rahall
Ravenel
Regula
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Sarpalius
Saxton
Schaefer
Sensenbrenner
Shaw
Shuster
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stenholm
Stump
Stupak
Sundquist
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (WY)
Tucker
Upton
Volkmer
Vucanovich
Walker
Walsh
Weldon
Whitten
Wolf
Young (AK)
Young (FL)
NOT VOTING--17
Bevill
Blackwell
Clement
Doolittle
Fish
Foglietta
Herger
Laughlin
Long
McCollum
Neal (NC)
Price (NC)
Richardson
Rogers
Serrano
Stark
Swett
So the conference report was agreed to.
A motion to reconsider the votes whereby said conference report was
[[Page 798]]
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 44.15 waiving points of order against the conference report on h.
con. res. 218
Mr. BEILENSON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 418):
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
concurrent resolution (H. Con. Res. 218) setting forth the
congressional budget for the United States Government for the
fiscal years 1995, 1996, 1997, 1998, and 1999. All points of
order against the conference report and against its
consideration are waived. The conference report shall be
considered as read. The conference report shall be debatable
for one hour equally divided and controlled by chairman and
ranking minority member of the Committee on the Budget.
Sec. 2. Rule XLIX shall not apply with respect to the
adoption by the Congress of the conference report to
accompany the concurrent resolution (H. Con. Res. 218)
setting forth the congressional budget for the United States
Government for the fiscal years 1995, 1996, 1997, 1998, and
1999.
When said resolution was considered.
After debate,
Mr. BEILENSON moved the previous question on the resolution to its
adoption or rejection.
By unanimous consent, the previous question was ordered.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. McNULTY, announced that the nays had it.
Mr. BEILENSON objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
228
When there appeared
<3-line {>
Nays
168
Para. 44.16 [Roll No. 160]
YEAS--228
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Applegate
Bacchus (FL)
Baesler
Barca
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bilbray
Bishop
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Byrne
Cantwell
Cardin
Carr
Chapman
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hutto
Inslee
Jacobs
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Murphy
Murtha
Nadler
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Shepherd
Sisisky
Skaggs
Slattery
Slaughter
Smith (IA)
Spratt
Stenholm
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--168
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Combest
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (FL)
Lightfoot
Linder
Livingston
Machtley
Manzullo
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--36
Andrews (TX)
Bevill
Blackwell
Bryant
Clay
Clement
Collins (GA)
Cox
Darden
Dooley
Doolittle
Fish
Foglietta
Grandy
Hall (TX)
Herger
Hughes
Jefferson
Laughlin
Lewis (CA)
Long
Matsui
McCandless
McCollum
Moran
Neal (NC)
Price (NC)
Pryce (OH)
Rogers
Sangmeister
Serrano
Sharp
Stark
Swett
Washington
Wilson
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 44.17 congressional budget for u.s., fy 1995
Mr. SABO, pursuant to House Resolution 418, called up the following
conference report (Rept. No. 103-490):
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the concurrent
resolution (H. Con. Res. 218), setting forth the
congressional budget for the United States Government for
fiscal years 1995, 1996, 1997, 1998, and 1999, having met,
after full and free conference, have agreed to recommend and
do recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL
YEAR 1995.
(a) Declaration.--The Congress determines and declares that
this resolution is the concurrent resolution on the budget
for fiscal year 1995, including the appropriate budgetary
levels for fiscal years 1996, 1997, 1998, and 1999, as
required by section 301 of the Congressional Budget Act of
1974.
(b) Table of Contents.--The table of contents for this
concurrent resolution is as follows:
Sec. 1. Concurrent resolution on the budget for fiscal year 1995.
TITLE I--LEVELS AND AMOUNTS
Sec. 2. Aggregates.
Sec. 3. Social security.
Sec. 4. Major functional categories.
TITLE II--BUDGETARY PROCEDURES
Sec. 21. Sale of government assets.
Sec. 22. Social security fire wall point of order in the Senate.
Sec. 23. Enforcing pay-as-you-go.
Sec. 24. Enforcing discretionary spending limits.
Sec. 25. Internal Revenue Service compliance initiative.
Sec. 26. Adjustments for health care reform in the House of
Representatives.
Sec. 27. Deficit-neutral reserve fund in the Senate.
Sec. 28. Exercise of rulemaking powers.
TITLE III--SENSE OF CONGRESS PROVISIONS
Sec. 31. Controlling growth of entitlement or mandatory spending.
Sec. 32. Sense of the House regarding enactment of certain budget
process legislation.
[[Page 799]]
Sec. 33. Sense of the Senate on controlling non-social security
mandatory spending.
Sec. 34. Sense of the Congress regarding the budgetary accounting of
health care reform.
Sec. 35. Sense of the Congress on the costs of illegal immigration.
Sec. 36. Sense of the Congress regarding baselines.
Sec. 37. Sense of the Congress regarding unfunded Federal mandates.
Sec. 38. Closing of loopholes in foreign tax provisions.
Sec. 39. Sense of the Senate regarding tax expenditures.
Sec. 40. Sense of the Congress regarding health service delivery and
water infrastructure in the Indian Health Service.
Sec. 41. Sense of the Senate regarding the National Aeronautics and
Space Administration.
Sec. 42. Minimum allocation program.
Sec. 43. Policy in Eastern and Central Europe.
Sec. 44. Star Wars (Ballistic Missile Defense).
TITLE I--LEVELS AND AMOUNTS
SEC. 2. AGGREGATES.
The following budgetary levels are appropriate for fiscal
years 1995, 1996, 1997, 1998, and 1999:
(1) Federal revenues.--(A) For purposes of comparison with
the maximum deficit amount under sections 601(a)(1) and 606
of the Congressional Budget Act of 1974 and for purposes of
the enforcement of this resolution--
(i) The recommended levels of Federal revenues are as
follows:
Fiscal year 1995: $977,700,000,000.
Fiscal year 1996: $1,031,200,000,000.
Fiscal year 1997: $1,079,700,000,000.
Fiscal year 1998: $1,136,400,000,000.
Fiscal year 1999: $1,190,200,000,000.
(ii) The amounts by which the aggregate levels of Federal
revenues should be increased are as follows:
Fiscal year 1995: $0.
Fiscal year 1996: $0.
Fiscal year 1997: $0.
Fiscal year 1998: $0.
Fiscal year 1999: $0.
(iii) The amounts for Federal Insurance Contributions Act
revenues for hospital insurance within the recommended levels
of Federal revenues are as follows:
Fiscal year 1995: $100,300,000,000.
Fiscal year 1996: $106,300,000,000.
Fiscal year 1997: $111,900,000,000.
Fiscal year 1998: $117,800,000,000.
Fiscal year 1999: $123,700,000,000.
(B) For purposes of section 710 of the Social Security Act
(excluding the receipts and disbursements of the Hospital
Insurance Trust Fund)--
(i) The recommended levels of Federal revenues are as
follows:
Fiscal year 1995: $877,400,000,000.
Fiscal year 1996: $924,900,000,000.
Fiscal year 1997: $967,800,000,000.
Fiscal year 1998: $1,018,600,000,000.
Fiscal year 1999: $1,066,500,000,000.
(ii) The amounts by which the aggregate levels of Federal
revenues should be increased are as follows:
Fiscal year 1995: $0.
Fiscal year 1996: $0.
Fiscal year 1997: $0.
Fiscal year 1998: $0.
Fiscal year 1999: $0.
(2) New budget authority.--(A) For purposes of comparison
with the maximum deficit amount under sections 601(a)(1) and
606 of the Congressional Budget Act of 1974 and for purposes
of the enforcement of this resolution, the appropriate levels
of total new budget authority are as follows:
Fiscal year 1995: $1,238,300,000,000.
Fiscal year 1996: $1,308,800,000,000.
Fiscal year 1997: $1,374,400,000,000.
Fiscal year 1998: $1,443,900,000,000.
Fiscal year 1999: $1,526,900,000,000.
(B) For purposes of section 710 of the Social Security Act
(excluding the receipts and disbursements of the Hospital
Insurance Trust Fund), the appropriate levels of total new
budget authority are as follows:
Fiscal year 1995: $1,144,900,000,000.
Fiscal year 1996: $1,207,500,000,000.
Fiscal year 1997: $1,262,700,000,000.
Fiscal year 1998: $1,321,000,000,000.
Fiscal year 1999: $1,389,700,000,000.
(3) Budget outlays.--(A) For purposes of comparison with
the maximum deficit amount under sections 601(a)(1) and 606
of the Congressional Budget Act of 1974 and for purposes of
the enforcement of this resolution, the appropriate levels of
total budget outlays are as follows:
Fiscal year 1995: $1,217,200,000,000.
Fiscal year 1996: $1,284,400,000,000.
Fiscal year 1997: $1,356,600,000,000.
Fiscal year 1998: $1,418,300,000,000.
Fiscal year 1999: $1,490,900,000,000.
(B) For purposes of section 710 of the Social Security Act
(excluding the receipts and disbursements of the Hospital
Insurance Trust Fund), the appropriate levels of total budget
outlays are as follows:
Fiscal year 1995: $1,124,900,000,000.
Fiscal year 1996: $1,184,400,000,000.
Fiscal year 1997: $1,246,200,000,000.
Fiscal year 1998: $1,297,000,000,000.
Fiscal year 1999: $1,355,600,000,000.
(4) Deficits.--(A) For purposes of comparison with the
maximum deficit amount under sections 601(a)(1) and 606 of
the Congressional Budget Act of 1974 and for purposes of the
enforcement of this resolution, the amounts of the deficits
are as follows:
Fiscal year 1995: $239,500,000,000.
Fiscal year 1996: $253,200,000,000.
Fiscal year 1997: $276,900,000,000.
Fiscal year 1998: $281,900,000,000.
Fiscal year 1999: $300,700,000,000.
(B) For purposes of section 710 of the Social Security Act
(excluding the receipts and disbursements of the Hospital
Insurance Trust Fund), the amounts of the deficits are as
follows:
Fiscal year 1995: $247,500,000,000.
Fiscal year 1996: $259,500,000,000.
Fiscal year 1997: $278,400,000,000.
Fiscal year 1998: $278,400,000,000.
Fiscal year 1999: $289,100,000,000.
(5) Public debt.--The appropriate levels of the public debt
are as follows:
Fiscal year 1995: $4,965,100,000,000.
Fiscal year 1996: $5,281,400,000,000.
Fiscal year 1997: $5,618,200,000,000.
Fiscal year 1998: $5,958,600,000,000.
Fiscal year 1999: $6,308,800,000,000.
(6) Direct loan obligations.--The appropriate levels of
total new direct loan obligations are as follows:
Fiscal year 1995: $26,700,000,000.
Fiscal year 1996: $32,100,000,000.
Fiscal year 1997: $33,800,000,000.
Fiscal year 1998: $35,700,000,000.
Fiscal year 1999: $37,800,000,000.
(7) Primary loan guarantee commitments.--The appropriate
levels of new primary loan guarantee commitments are as
follows:
Fiscal year 1995: $199,700,000,000.
Fiscal year 1996: $174,400,000,000.
Fiscal year 1997: $164,600,000,000.
Fiscal year 1998: $164,100,000,000.
Fiscal year 1999: $163,500,000,000.
SEC. 3. SOCIAL SECURITY.
(a) Social Security Revenues.--For purposes of Senate
enforcement under sections 302 and 311 of the Congressional
Budget Act of 1974, the amounts of revenues of the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund are as follows:
Fiscal year 1995: $360,500,000,000.
Fiscal year 1996: $379,600,000,000.
Fiscal year 1997: $399,000,000,000.
Fiscal year 1998: $419,500,000,000.
Fiscal year 1999: $439,800,000,000.
(b) Social Security Outlays.--For purposes of Senate
enforcement under sections 302 and 311 of the Congressional
Budget Act of 1974, the amounts of outlays of the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund are as follows:
Fiscal year 1995: $287,600,000,000.
Fiscal year 1996: $301,300,000,000.
Fiscal year 1997: $312,300,000,000.
Fiscal year 1998: $324,400,000,000.
Fiscal year 1999: $337,000,000,000.
SEC. 4. MAJOR FUNCTIONAL CATEGORIES.
The Congress determines and declares that the appropriate
levels of new budget authority, budget outlays, new direct
loan obligations, and new primary loan guarantee commitments
for fiscal years 1995 through 1999 for each major functional
category are:
(1) National Defense (050):
Fiscal year 1995:
(A) New budget authority, $263,800,000,000.
(B) Outlays, $270,700,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $255,300,000,000.
(B) Outlays, $261,000,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $252,000,000,000.
(B) Outlays, $256,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $258,700,000,000.
(B) Outlays, $256,600,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $265,100,000,000.
(B) Outlays, $257,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(2) International Affairs (150):
Fiscal year 1995:
(A) New budget authority, $19,300,000,000.
(B) Outlays, $18,100,000,000.
(C) New direct loan obligations, $3,200,000,000.
(D) New primary loan guarantee commitments,
$18,000,000,000.
Fiscal year 1996:
(A) New budget authority, $17,200,000,000.
(B) Outlays, $17,300,000,000.
(C) New direct loan obligations, $2,800,000,000.
(D) New primary loan guarantee commitments,
$18,500,000,000.
Fiscal year 1997:
(A) New budget authority, $17,000,000,000.
(B) Outlays, $17,300,000,000.
(C) New direct loan obligations, $2,600,000,000.
(D) New primary loan guarantee commitments,
$18,500,000,000.
Fiscal year 1998:
(A) New budget authority, $16,800,000,000.
(B) Outlays, $17,600,000,000.
(C) New direct loan obligations, $2,400,000,000.
(D) New primary loan guarantee commitments,
$18,500,000,000.
Fiscal year 1999:
(A) New budget authority, $17,000,000,000.
[[Page 800]]
(B) Outlays, $17,500,000,000.
(C) New direct loan obligations, $2,400,000,000.
(D) New primary loan guarantee commitments,
$16,500,000,000.
(3) General Science, Space, and Technology (250):
Fiscal year 1995:
(A) New budget authority, $17,300,000,000.
(B) Outlays, $17,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $17,200,000,000.
(B) Outlays, $17,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $17,300,000,000.
(B) Outlays, $17,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $17,400,000,000.
(B) Outlays, $17,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $17,600,000,000.
(B) Outlays, $17,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(4) Energy (270):
Fiscal year 1995:
(A) New budget authority, $6,300,000,000.
(B) Outlays, $5,000,000,000.
(C) New direct loan obligations, $1,400,000,000.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $5,900,000,000.
(B) Outlays, $5,200,000,000.
(C) New direct loan obligations, $1,500,000,000.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $5,900,000,000.
(B) Outlays, $5,000,000,000.
(C) New direct loan obligations, $1,500,000,000.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $6,100,000,000.
(B) Outlays, $4,700,000,000.
(C) New direct loan obligations, $1,500,000,000.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $5,700,000,000.
(B) Outlays, $4,400,000,000.
(C) New direct loan obligations, $1,500,000,000.
(D) New primary loan guarantee commitments, $0.
(5) Natural Resources and Environment (300):
Fiscal year 1995:
(A) New budget authority, $21,700,000,000.
(B) Outlays, $21,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $22,200,000,000.
(B) Outlays, $21,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $22,100,000,000.
(B) Outlays, $21,600,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $22,000,000,000.
(B) Outlays, $21,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $21,600,000,000.
(B) Outlays, $21,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(6) Agriculture (350):
Fiscal year 1995:
(A) New budget authority, $13,000,000,000.
(B) Outlays, $12,200,000,000.
(C) New direct loan obligations, $10,100,000,000.
(D) New primary loan guarantee commitments, $7,400,000,000.
Fiscal year 1996:
(A) New budget authority, $13,500,000,000.
(B) Outlays, $12,400,000,000.
(C) New direct loan obligations, $9,700,000,000.
(D) New primary loan guarantee commitments, $7,400,000,000.
Fiscal year 1997:
(A) New budget authority, $14,000,000,000.
(B) Outlays, $12,700,000,000.
(C) New direct loan obligations, $9,700,000,000.
(D) New primary loan guarantee commitments, $7,400,000,000.
Fiscal year 1998:
(A) New budget authority, $14,200,000,000.
(B) Outlays, $13,000,000,000.
(C) New direct loan obligations, $9,800,000,000.
(D) New primary loan guarantee commitments, $7,400,000,000.
Fiscal year 1999:
(A) New budget authority, $14,700,000,000.
(B) Outlays, $13,500,000,000.
(C) New direct loan obligations, $9,900,000,000.
(D) New primary loan guarantee commitments, $7,400,000,000.
(7) Commerce and Housing Credit (370):
Fiscal year 1995:
(A) New budget authority, $7,700,000,000.
(B) Outlays, -$8,200,000,000.
(C) New direct loan obligations, $2,800,000,000.
(D) New primary loan guarantee commitments,
$117,900,000,000.
Fiscal year 1996:
(A) New budget authority, $5,300,000,000.
(B) Outlays, -$10,800,000,000.
(C) New direct loan obligations, $3,000,000,000.
(D) New primary loan guarantee commitments,
$103,200,000,000.
Fiscal year 1997:
(A) New budget authority, $5,100,000,000.
(B) Outlays, -$3,400,000,000.
(C) New direct loan obligations, $3,100,000,000.
(D) New primary loan guarantee commitments,
$95,900,000,000.
Fiscal year 1998:
(A) New budget authority, $5,200,000,000.
(B) Outlays, -$2,900,000,000.
(C) New direct loan obligations, $3,200,000,000.
(D) New primary loan guarantee commitments,
$96,600,000,000.
Fiscal year 1999:
(A) New budget authority, $6,200,000,000.
(B) Outlays, -$900,000,000.
(C) New direct loan obligations, $3,400,000,000.
(D) New primary loan guarantee commitments,
$99,500,000,000.
(8) Transportation (400):
Fiscal year 1995:
(A) New budget authority, $41,900,000,000.
(B) Outlays, $38,800,000,000.
(C) New direct loan obligations, $100,000,000.
(D) New primary loan guarantee commitments, $500,000,000.
Fiscal year 1996:
(A) New budget authority, $41,800,000,000.
(B) Outlays, $39,600,000,000.
(C) New direct loan obligations, $100,000,000.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $43,200,000,000.
(B) Outlays, $40,100,000,000.
(C) New direct loan obligations, $100,000,000.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $44,000,000,000.
(B) Outlays, $40,300,000,000.
(C) New direct loan obligations, $100,000,000.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $44,600,000,000.
(B) Outlays, $40,400,000,000.
(C) New direct loan obligations, $100,000,000.
(D) New primary loan guarantee commitments, $0.
(9) Community and Regional Development (450):
Fiscal year 1995:
(A) New budget authority, $9,500,000,000.
(B) Outlays, $9,300,000,000.
(C) New direct loan obligations, $2,200,000,000.
(D) New primary loan guarantee commitments, $3,600,000,000.
Fiscal year 1996:
(A) New budget authority, $9,000,000,000.
(B) Outlays, $8,900,000,000.
(C) New direct loan obligations, $2,200,000,000.
(D) New primary loan guarantee commitments, $3,600,000,000.
Fiscal year 1997:
(A) New budget authority, $9,000,000,000.
(B) Outlays, $9,000,000,000.
(C) New direct loan obligations, $2,200,000,000.
(D) New primary loan guarantee commitments, $3,600,000,000.
Fiscal year 1998:
(A) New budget authority, $9,000,000,000.
(B) Outlays, $9,100,000,000.
(C) New direct loan obligations, $2,200,000,000.
(D) New primary loan guarantee commitments, $3,600,000,000.
Fiscal year 1999:
(A) New budget authority, $9,000,000,000.
(B) Outlays, $9,000,000,000.
(C) New direct loan obligations, $2,200,000,000.
(D) New primary loan guarantee commitments, $3,600,000,000.
(10) Education, Training, Employment, and Social Services
(500):
Fiscal year 1995:
(A) New budget authority, $57,700,000,000.
(B) Outlays, $53,700,000,000.
(C) New direct loan obligations, $5,500,000,000.
(D) New primary loan guarantee commitments,
$19,000,000,000.
Fiscal year 1996:
(A) New budget authority, $58,200,000,000.
(B) Outlays, $55,600,000,000.
(C) New direct loan obligations, $11,500,000,000.
(D) New primary loan guarantee commitments,
$14,000,000,000.
Fiscal year 1997:
[[Page 801]]
(A) New budget authority, $59,900,000,000.
(B) Outlays, $58,100,000,000.
(C) New direct loan obligations, $13,200,000,000.
(D) New primary loan guarantee commitments,
$13,200,000,000.
Fiscal year 1998:
(A) New budget authority, $61,700,000,000.
(B) Outlays, $60,600,000,000.
(C) New direct loan obligations, $15,100,000,000.
(D) New primary loan guarantee commitments,
$12,300,000,000.
Fiscal year 1999:
(A) New budget authority, $63,200,000,000.
(B) Outlays, $62,200,000,000.
(C) New direct loan obligations, $16,800,000,000.
(D) New primary loan guarantee commitments,
$11,200,000,000.
(11) Health (550):
Fiscal year 1995:
(A) New budget authority, $124,300,000,000.
(B) Outlays, $122,800,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $400,000,000.
Fiscal year 1996:
(A) New budget authority, $136,700,000,000.
(B) Outlays, $135,800,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $300,000,000.
Fiscal year 1997:
(A) New budget authority, $151,000,000,000.
(B) Outlays, $149,900,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $200,000,000.
Fiscal year 1998:
(A) New budget authority, $166,700,000,000.
(B) Outlays, $165,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $100,000,000.
Fiscal year 1999:
(A) New budget authority, $184,200,000,000.
(B) Outlays, $182,600,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(12) Medicare (570):
Fiscal year 1995:
(A) New budget authority, $162,400,000,000.
(B) Outlays, $160,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $180,500,000,000.
(B) Outlays, $178,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $198,500,000,000.
(B) Outlays, $196,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $217,700,000,000.
(B) Outlays, $215,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $242,300,000,000.
(B) Outlays, $239,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(13) For purposes of section 710 of the Social Security
Act, Federal Supplementary Medical Insurance Trust Fund:
Fiscal year 1995:
(A) New budget authority, $56,000,000,000.
(B) Outlays, $55,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $65,200,000,000.
(B) Outlays, $64,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $73,300,000,000.
(B) Outlays, $72,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $81,300,000,000.
(B) Outlays, $80,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $92,200,000,000.
(B) Outlays, $90,900,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(14) Income Security (600):
Fiscal year 1995:
(A) New budget authority, $220,800,000,000.
(B) Outlays, $221,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $235,000,000,000.
(B) Outlays, $229,600,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $249,300,000,000.
(B) Outlays, $242,900,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $261,200,000,000.
(B) Outlays, $253,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $273,600,000,000.
(B) Outlays, $264,600,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(15) Social Security (650):
Fiscal year 1995:
(A) New budget authority, $6,800,000,000.
(B) Outlays, $9,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $6,300,000,000.
(B) Outlays, $9,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $8,300,000,000.
(B) Outlays, $11,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $9,000,000,000.
(B) Outlays, $12,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $9,800,000,000.
(B) Outlays, $13,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(16) Veterans Benefits and Services (700):
Fiscal year 1995:
(A) New budget authority, $37,200,000,000.
(B) Outlays, $36,600,000,000.
(C) New direct loan obligations, $1,400,000,000.
(D) New primary loan guarantee commitments,
$32,900,000,000.
Fiscal year 1996:
(A) New budget authority, $37,600,000,000.
(B) Outlays, $36,600,000,000.
(C) New direct loan obligations, $1,300,000,000.
(D) New primary loan guarantee commitments,
$27,400,000,000.
Fiscal year 1997:
(A) New budget authority, $38,500,000,000.
(B) Outlays, $38,300,000,000.
(C) New direct loan obligations, $1,400,000,000.
(D) New primary loan guarantee commitments,
$25,800,000,000.
Fiscal year 1998:
(A) New budget authority, $38,600,000,000.
(B) Outlays, $38,500,000,000.
(C) New direct loan obligations, $1,400,000,000.
(D) New primary loan guarantee commitments,
$25,600,000,000.
Fiscal year 1999:
(A) New budget authority, $39,700,000,000.
(B) Outlays, $39,600,000,000.
(C) New direct loan obligations, $1,500,000,000.
(D) New primary loan guarantee commitments,
$25,300,000,000.
(17) Administration of Justice (750):
Fiscal year 1995:
(A) New budget authority, $18,800,000,000.
(B) Outlays, $17,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $21,300,000,000.
(B) Outlays, $19,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $22,200,000,000.
(B) Outlays, $21,000,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $23,200,000,000.
(B) Outlays, $22,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $24,500,000,000.
(B) Outlays, $23,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(18) General Government (800):
Fiscal year 1995:
(A) New budget authority, $14,000,000,000.
(B) Outlays, $13,700,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $13,500,000,000.
(B) Outlays, $14,700,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $13,400,000,000.
(B) Outlays, $13,900,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $13,100,000,000.
(B) Outlays, $13,400,000,000.
(C) New direct loan obligations, $0.
[[Page 802]]
(D) New primary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $12,800,000,000.
(B) Outlays, $12,800,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(19) Net Interest (900):
Fiscal year 1995:
(A) New budget authority, $247,100,000,000.
(B) Outlays, $247,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $267,200,000,000.
(B) Outlays, $267,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $282,700,000,000.
(B) Outlays, $282,700,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $298,500,000,000.
(B) Outlays, $298,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $315,600,000,000.
(B) Outlays, $315,600,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(20) For purposes of section 710 of the Social Security
Act, Net Interest (900):
Fiscal year 1995:
(A) New budget authority, $257,600,000,000.
(B) Outlays, $257,600,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, $278,000,000,000.
(B) Outlays, $278,000,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, $293,500,000,000.
(B) Outlays, $293,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $309,100,000,000.
(B) Outlays, $309,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $325,500,000,000.
(B) Outlays, $325,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(21) The corresponding levels of gross interest on the
public debt are as follows:
Fiscal year 1995: $311,800,000,000.
Fiscal year 1996: $331,200,000,000.
Fiscal year 1997: $347,600,000,000.
Fiscal year 1998: $365,100,000,000.
Fiscal year 1999: $384,100,000,000.
(22) Allowances (920):
Fiscal year 1995:
(A) New budget authority, -$6,600,000,000.
(B) Outlays, -$4,700,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, -$4,400,000,000.
(B) Outlays, -$3,900,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, -$4,500,000,000.
(B) Outlays, -$3,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, -$7,900,000,000.
(B) Outlays, -$7,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, -$8,700,000,000.
(B) Outlays, -$11,000,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(23) Undistributed Offsetting Receipts (950):
Fiscal year 1995:
(A) New budget authority, -$44,700,000,000.
(B) Outlays, -$44,700,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, -$30,500,000,000.
(B) Outlays, -$30,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, -$30,500,000,000.
(B) Outlays, -$30,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, -$31,300,000,000.
(B) Outlays, -$31,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, -$31,600,000,000.
(B) Outlays, -$31,600,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(24) For purposes of section 710 of the Social Security
Act, Undistributed Offsetting Receipts (950):
Fiscal year 1995:
(A) New budget authority, -$42,200,000,000.
(B) Outlays, -$42,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1996:
(A) New budget authority, -$27,300,000,000.
(B) Outlays, -$27,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1997:
(A) New budget authority, -$27,800,000,000.
(B) Outlays, -$27,800,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, -$28,400,000,000.
(B) Outlays, -$28,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, -$28,600,000,000.
(B) Outlays, -$28,600,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
TITLE II--BUDGETARY PROCEDURES
SEC. 21. SALE OF GOVERNMENT ASSETS.
(a) Sense of the Congress.--It is the sense of the Congress
that--
(1) from time to time the United States Government should
sell assets; and
(2) the amounts realized from such asset sales will not
recur on an annual basis and do not reduce the demand for
credit.
(b) Budgetary Treatment.--For purposes of points of order
under this concurrent resolution and the Congressional Budget
and Impoundment Control Act of 1974, the amounts realized
from sales of assets (other than loan assets) shall not be
scored with respect to the level of budget authority,
outlays, or revenues.
(c) Definitions.--For purposes of this section--
(1) the term ``sale of an asset'' shall have the same
meaning as under section 250(c)(21) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (as amended by the
Budget Enforcement Act of 1990); and
(2) the term shall not include asset sales mandated by law
before September 18, 1987, and routine, ongoing asset sales
at levels consistent with agency operations in fiscal year
1986.
(d) Sunset.--Subsections (a) through (c) of this section
shall expire September 30, 1998.
(e) Conforming Amendment.--Section 8 of House Concurrent
Resolution 64 (103d Congress), section 8 of House Concurrent
Resolution 287 (102d Congress), section 7 of House Concurrent
Resolution 121 (102d Congress), section 5 of House Concurrent
Resolution 310 (101st Congress), section 6 of House
Concurrent Resolution 106 (101st Congress), section 4 of
House Concurrent Resolution 268 (100th Congress), and
sections 7 and 8 of House Concurrent Resolution 93 (100th
Congress) are repealed.
SEC. 22. SOCIAL SECURITY FIRE WALL POINT OF ORDER IN THE
SENATE.
(a) Application of Section 301(i).--Notwithstanding any
other rule of the Senate, in the Senate, the point of order
established under section 301(i) of the Congressional Budget
Act of 1974 shall apply to any concurrent resolution on the
budget for any fiscal year (as reported and as amended),
amendments thereto, or any conference report thereon.
(b) Conforming Amendment.--Section 10(b) of House
Concurrent Resolution 64 (103d Congress) and section 12(b) of
House Concurrent Resolution 287 (102d Congress) are repealed.
SEC. 23. ENFORCING PAY-AS-YOU-GO.
(a) Purpose.--The Senate declares that it is essential to--
(1) ensure continued compliance with the deficit reduction
embodied in the Omnibus Budget Reconciliation Act of 1993;
and
(2) continue the pay-as-you-go enforcement system.
(b) Point of Order.--
(1) In general.--It shall not be in order in the Senate to
consider any direct-spending or receipts legislation (as
defined in paragraph (3)) that would increase the deficit for
any one of the three applicable time periods (as defined in
paragraph (2)) as measured pursuant to paragraphs (4) and
(5).
(2) Applicable time periods.--For purposes of this
subsection, the term ``applicable time period'' means any one
of the three following periods--
(A) the first fiscal year covered by the most recently
adopted concurrent resolution on the budget;
(B) the period of the 5 fiscal years covered by the most
recently adopted concurrent resolution on the budget; or
(C) the period of the 5 fiscal years following the first 5
years covered by the most recently adopted concurrent
resolution on the budget.
(3) Direct-spending or receipts legislation.--For purposes
of this subsection, the term ``direct-spending or receipts
legislation'' shall--
[[Page 803]]
(A) include any bill, joint resolution, amendment, motion,
or conference report to which this subsection otherwise
applies;
(B) exclude concurrent resolutions on the budget;
(C) exclude full funding of, and continuation of, the
deposit insurance guarantee commitment in effect on the date
of enactment of the Budget Enforcement Act of 1990;
(D) exclude emergency provisions so designated under
section 252(e) of the Balanced Budget and Emergency Deficit
Control Act of 1985;
(E) include the estimated amount of savings in direct-
spending programs applicable to that fiscal year resulting
from the prior year's sequestration under the Balanced Budget
and Emergency Deficit Control Act of 1985, if any (except for
any amounts sequestered as a result of a net deficit increase
in the fiscal year immediately preceding the prior fiscal
year); and
(F) except as otherwise provided in this subsection,
include all direct-spending legislation as that term is
interpreted for purposes of the Balanced Budget and Emergency
Deficit Control Act of 1985.
(4) Baseline.--Estimates prepared pursuant to this section
shall use the baseline used for the most recent concurrent
resolution on the budget, and for years beyond those covered
by that concurrent resolution, shall abide by the
requirements of section 257 of the Balanced Budget and
Emergency Deficit Control Act of 1985, except that references
to ``outyears'' in that section shall be deemed to apply to
any year (other than the budget year) covered by any one of
the time periods defined in paragraph (2) of this subsection.
(5) Prior surplus available.--If direct-spending or
receipts legislation increases the deficit when taken
individually (as a bill, joint resolution, amendment, motion,
or conference report, as the case may be), then it must also
increase the deficit when taken together with all direct-
spending and receipts legislation enacted after the date of
enactment of the Omnibus Budget Reconciliation Act of 1993,
in order to violate the prohibition of this subsection.
(c) Waiver.--This section may be waived or suspended in the
Senate only by the affirmative vote of three-fifths of the
Members, duly chosen and sworn.
(d) Appeals.--Appeals in the Senate from the decisions of
the Chair relating to any provision of this section shall be
limited to 1 hour, to be equally divided between, and
controlled by, the appellant and the manager of the bill or
joint resolution, as the case may be. An affirmative vote of
three-fifths of the Members of the Senate, duly chosen and
sworn, shall be required in the Senate to sustain an appeal
of the ruling of the Chair on a point of order raised under
this section.
(e) Determination of Budget Levels.--For purposes of this
section, the levels of new budget authority, outlays, and
receipts for a fiscal year shall be determined on the basis
of estimates made by the Committee on the Budget of the
Senate.
(f) Conforming Amendment.--Section 12 of House Concurrent
Resolution 64 (103d Congress) is repealed.
(g) Technical Correction.--Notwithstanding section 275(b)
of the Balanced Budget and Emergency Deficit Control Act of
1985 (as amended by sections 13112(b) and 13208(b)(3) of the
Budget Enforcement Act of 1990), the second sentence of
section 904(c) of the Congressional Budget Act of 1974
(except insofar as it relates to section 313 of that Act) and
the final sentence of section 904(d) of that Act (except
insofar as it relates to section 313 of that Act) shall
continue to have effect as rules of the Senate through (but
no later than) September 30, 1998.
(h) Sunset.--Subsections (a) through (e) of this section
shall expire September 30, 1998.
SEC. 24. ENFORCING DISCRETIONARY SPENDING LIMITS.
(a) Discretionary Spending Limits.--
(1) Definition.--For the purposes of enforcing this section
in the Senate, the discretionary spending limits in section
601(a)(2)(F) of the Congressional Budget Act of 1974 (as
adjusted) are reduced by the following amounts--
(A) with respect to fiscal year 1996, $4,000,000,000 in
budget authority and $5,400,000,000 in outlays;
(B) with respect to fiscal year 1997, $10,700,000,000 in
budget authority and $2,400,000,000 in outlays; and
(C) with respect to fiscal year 1998, $4,100,000,000 in
budget authority and $500,000,000 in outlays.
(2) Point of order in the senate.--(A) Except as provided
in subparagraph (B), it shall not be in order in the Senate
to consider any concurrent resolution on the budget for
fiscal year 1996, 1997, or 1998 (or amendment or motion on
such a resolution) that recommends discretionary spending
levels for the first fiscal year covered by that resolution
that would exceed the discretionary spending limits as
reduced in this section.
(B) This subsection shall not apply if a declaration of war
by the Congress is in effect or if a joint resolution
pursuant to section 258 of the Balanced Budget and Emergency
Deficit Control Act of 1985 has been enacted.
(b) Waiver.--This section may be waived or suspended in the
Senate only by the affirmative vote of three-fifths of the
Members, duly chosen and sworn.
(c) Appeals.--Appeals in the Senate from the decisions of
the Chair relating to any provision of this section shall be
limited to 1 hour, to be equally divided between, and
controlled by, the appellant and the manager of the
concurrent resolution, bill, or joint resolution, as the case
may be. An affirmative vote of three-fifths of the Members of
the Senate, duly chosen and sworn, shall be required in the
Senate to sustain an appeal of the ruling of the Chair on a
point of order raised under this section.
(d) Determination of Budget Levels.--For purposes of this
section, the levels of new budget authority, outlays, and
revenues for a fiscal year shall be determined on the basis
of estimates made by the Committee on the Budget of the
Senate.
SEC. 25. INTERNAL REVENUE SERVICE COMPLIANCE INITIATIVE.
(a)(1) Adjustments.--For purposes of points of order under
the Congressional Budget and Impoundment Control Act of 1974
and concurrent resolutions on the budget--
(A) the discretionary spending limits under section
601(a)(2) of that Act (and those limits as cumulatively
adjusted) for the current fiscal year and each outyear;
(B) the allocations to the Committees on Appropriations
under sections 302(a) and 602(a) of that Act;
(C) the appropriate budgetary aggregates in the most
recently agreed to concurrent resolution on the budget; and
(D) the maximum deficit amount under section 601(a)(1) of
that Act (and that amount as cumulatively adjusted) for the
current fiscal year,
shall be adjusted to reflect the amounts of additional new
budget authority or additional outlays (as defined in
paragraph (2)) reported by the Committee on Appropriations in
appropriations Acts (or by the committee of conference on
such legislation) for the Internal Revenue Service compliance
initiative activities in any fiscal year, but not to exceed
in any fiscal year $405,000,000 in new budget authority and
$405,000,000 in outlays.
(2) Additional amounts.--As used in this section, the terms
``additional new budget authority'' or ``additional outlays''
shall mean, for any fiscal year, budget authority or outlays
(as the case may be) in excess of the amounts requested for
that fiscal year for the Internal Revenue Service in the
President's Budget for fiscal year 1995.
(b) Revised Limits, Allocations, and Aggregates.--Upon the
reporting of legislation pursuant to subsection (a), and
again upon the submission of a conference report on such
legislation (if a conference report is submitted), the
Chairman of the Committee on the Budget of the Senate or the
House of Representatives (as the case may be) shall submit to
that Chairman's respective House appropriately revised--
(1) discretionary spending limits under section 601(a)(2)
of the Congressional Budget Act of 1974 (and those limits as
cumulatively adjusted) for the current fiscal year and each
outyear;
(2) allocations to the Committees on Appropriations under
sections 302(a) and 602(a) of that Act;
(3) appropriate budgetary aggregates in the most recently
agreed to concurrent resolution on the budget; and
(4) maximum deficit amount under section 601(a)(1) of that
Act (and that amount as cumulatively adjusted) for the
current fiscal year,
to carry out this subsection. These revised discretionary
spending limits, allocations, and aggregates shall be
considered for purposes of congressional enforcement under
that Act as the discretionary spending limits, allocations,
and aggregates.
(c) Reporting Revised Suballocations.--The Committees on
Appropriations of the Senate and the House of Representatives
may report appropriately revised suballocations pursuant to
sections 302(b)(1) and 602(b)(1) of the Congressional Budget
Act of 1974 to carry out this section.
(d) Contingencies.--
(1) The Internal Revenue Service and the Treasury
Department have certified that they are firmly committed to
the principles of privacy, confidentiality, courtesy, and
protection of taxpayer rights. To this end, the Internal
Revenue Service and the Treasury Department have explicitly
committed to initiate and implement educational programs for
any new employees hired as a result of the compliance
initiative made possible by this section.
(2) This section shall not apply to any additional new
budget authority or additional outlays unless--
(A) in the Senate, the Chairman of the Budget Committee
certifies, based upon information from the Congressional
Budget Office, the General Accounting Office, and the
Internal Revenue Service (as well as from any other sources
he deems relevant), that such budget authority or outlays
will not increase the total of the Federal budget deficits
over the next five years; and
(B) any funds made available pursuant to such budget
authority or outlays are available only for the purpose of
carrying out Internal Revenue Service compliance initiative
activities.
SEC. 26. ADJUSTMENTS FOR HEALTH CARE REFORM IN THE HOUSE OF
REPRESENTATIVES.
(a) In the House of Representatives, if health care reform
legislation is reported (including by a committee of
conference), budget authority, outlays, and new entitlement
authority shall be allocated to committees, and the total
levels of budget authority, outlays, and revenues shall be
adjusted, to reflect such legislation if the legislation in
the form in which it will be considered would not increase
the total deficit for the period of fiscal years 1995 through
1999.
[[Page 804]]
(b) Upon reporting of legislation described in subsection
(a) and again upon submission of a conference report on such
legislation, the chairman of the Committee on the Budget of
the House of Representatives shall publish in the
Congressional Record revised allocations under section 602(a)
of the Congressional Budget Act of 1974 and revised levels of
total budget authority, outlays, and revenues to carry out
this section. In the House of Representatives, such
allocations and totals shall be considered as the allocations
and aggregates under this resolution.
SEC. 27. DEFICIT-NEUTRAL RESERVE FUND IN THE SENATE.
(a)(1) Budget authority and outlay allocations.--In the
Senate, budget authority and outlays may be allocated (as
provided under subsection (c)) to a committee (or committees)
for direct-spending legislation that increases funding for
any of the purposes described in subsection (b)(1) within
that committee's jurisdiction, if, to the extent that this
concurrent resolution on the budget does not include the
costs of that legislation, the enactment of that legislation
will not increase (by virtue of either contemporaneous or
previously passed deficit reduction) the deficit in this
resolution for--
(A) fiscal year 1995; or
(B) the period of fiscal years 1995 through 1999.
(2) Budget authority and outlay allocations and revenue
aggregates.--In the Senate, budget authority and outlays may
be allocated to a committee (or committees) and the revenue
aggregates may be reduced (as provided under subsection (c))
for direct-spending or receipts legislation in furtherance of
any of the purposes described in subsection (b)(2) within
that committee's jurisdiction, if, to the extent that this
concurrent resolution on the budget does not include the
costs of that legislation, the enactment of that legislation
will not increase (by virtue of either contemporaneous or
previously passed deficit reduction) the deficit in this
resolution for--
(A) fiscal year 1995; or
(B) the period of fiscal years 1995 through 1999.
(3) Outlay-neutral budget authority allocations.--In the
Senate, budget authority may be allocated (as provided under
subsection (c)) to a committee (or committees) for any
direct-spending legislation within that committee's
jurisdiction, if, to the extent that this concurrent
resolution on the budget does not include the costs of that
legislation, the enactment of that legislation will not
increase (by virtue of either contemporaneous or previously
passed outlay reductions) the deficit or aggregate outlays in
this resolution for--
(A) fiscal year 1995; or
(B) the period of fiscal years 1995 through 1999.
(b)(1) Purposes under subsection (a)(1).--Budget authority
and outlay allocations may be revised under subsection (a)(1)
for legislation--
(A) to provide comprehensive training or job search
assistance (including reemployment or job training programs
or dislocated worker programs), or to reform unemployment
compensation, or to provide for other related programs;
(B) to preserve or rebuild the United States maritime
industry;
(C) to reform the financing of Federal elections; or
(D) to reform the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980.
(2) Purposes under subsection (a)(2).--Budget authority and
outlay allocations may be revised or the revenue floor
reduced under subsection (a)(2) for--
(A) legislation to improve the well-being of families
through welfare or other reforms (including promoting self-
sufficiency through improvements in job training or
employment programs), to provide for services to support or
protect children (including assuring increased parental
support for children through improvements in the child
support enforcement program), or to improve the health,
nutrition, or care of children;
(B) to make continuing improvements in ongoing health care
programs, to provide for comprehensive health care reform, to
control health care costs, or to accomplish other health care
reforms;
(C) trade-related legislation (including legislation to
implement the Uruguay Round of the General Agreement on
Tariffs and Trade or to extend the Generalized System of
Preferences);
(D) reforms relating to the Pension Benefit Guaranty
Corporation (including legislation to improve the funding of
government-insured pension plans, to protect plan
participants, or to limit growth in exposure of the Pension
Benefit Guaranty Corporation) or other employee benefit-
related legislation;
(E) reforms relating to providing for simplified collection
of employment taxes on domestic services;
(F) reforms to consolidate the supervision of depository
institutions insured under the Federal Deposit Insurance Act;
or
(G) initiatives to preserve United States energy security.
(c) Revised Allocations and Aggregates.--
(1) Upon reporting.--Upon the reporting of legislation
pursuant to subsection (a), and again upon the submission of
a conference report on that legislation (if a conference
report is submitted), the chairman of the Committee on the
Budget of the Senate may submit to the Senate appropriately
revised allocations under sections 302(a) and 602(a) of the
Congressional Budget Act of 1974 and revised aggregates to
carry out this section.
(2) Adjustments for amendments.--If the chairman of the
Committee on the Budget submits an adjustment under this
section for legislation in furtherance of the purpose
described in subsection (b)(2)(B), upon the offering of an
amendment to that legislation that would necessitate such a
submission, the chairman shall submit to the Senate
appropriately revised allocations under sections 302(a) and
602(a) of the Congressional Budget Act of 1974 and revised
aggregates, if the enactment of that legislation (as proposed
to be amended) will not increase (by virtue of either
contemporaneous or previously passed deficit reduction) the
deficit in this resolution for--
(A) fiscal year 1995; or
(B) the period of fiscal years 1995 through 1999.
(d) Effect of Revised Allocations and Aggregates.--Revised
allocations and aggregates submitted under subsection (c)
shall be considered for the purposes of the Congressional
Budget Act of 1974 as allocations and aggregates contained in
this concurrent resolution on the budget.
(e) Reporting Revised Subdivisions.--The appropriate
committee may report appropriately revised subdivisions of
allocations pursuant to sections 302(b)(2) and 602(b)(2) of
the Congressional Budget Act of 1974 to carry out this
section.
SEC. 28. EXERCISE OF RULEMAKING POWERS.
The Congress adopts the provisions of this title--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
they shall be considered as part of the rules of each House,
or of that House to which they specifically apply, and such
rules shall supersede other rules only to the extent that
they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change those rules (so far as they relate to
that House) at any time, in the same manner, and to the same
extent as in the case of any other rule of that House.
TITLE III--SENSE OF CONGRESS PROVISIONS
SEC. 31. CONTROLLING GROWTH OF ENTITLEMENT OR MANDATORY
SPENDING.
It is the sense of the Congress that legislation should be
enacted providing enforceable limits to control the growth of
entitlement or mandatory spending.
SEC. 32. SENSE OF THE HOUSE REGARDING ENACTMENT OF CERTAIN
BUDGET PROCESS LEGISLATION.
It is the sense of the House of Representatives that the
following legislation should be enacted:
(1) Legislation providing enforceable limits to control the
growth of entitlement or mandatory spending.
(2) Amendments to the Budget Enforcement Act of 1990 to
establish a regular procedure to provide assistance for
disasters and other emergencies without adding to the
deficit.
(3) Legislation granting the President expedited rescission
authority over appropriations measures, as provided by H.R.
1578, as passed the House.
SEC. 33. SENSE OF THE SENATE ON CONTROLLING NON-SOCIAL
SECURITY MANDATORY SPENDING.
It is the sense of the Senate that the Congress should--
(1) after enacting health care reform legislation, enact
annual caps to control the growth of entitlement or mandatory
spending;
(2) include within these caps all mandatory spending
programs except Social Security, deposit insurance, and net
interest;
(3) provide that these caps shall be set so that programs
providing benefits to individuals may grow for inflation,
changes in the numbers of beneficiaries, and an additional
growth allowance;
(4) provide that these caps shall be adjusted annually in
the President's budget for changes in inflation and the
number of beneficiaries since Congress enacted the caps
(excluding any changes due to legislation);
(5) provide an enforcement mechanism in the event that
total mandatory spending exceeds the caps; and
(6) enact caps on tax expenditures similar to those for
mandatory spending so as to ensure that reductions in Federal
spending for mandatory programs are not achieved by shifting
spending to tax expenditures.
SEC. 34. SENSE OF THE CONGRESS REGARDING THE BUDGETARY
ACCOUNTING OF HEALTH CARE REFORM.
It is the sense of the Congress that--
(1) the Congress should measure the costs and benefits of
all health care reform legislation against a uniform set of
economic and technical assumptions;
(2) before enacting major changes in the health care
system, the Congress should have available to it reliable
estimates of the costs of competing plans prepared in a
comparable manner; and
(3) the Congress should account for all financial
transactions associated with Federal health care reform
legislation.
SEC. 35. SENSE OF THE CONGRESS ON THE COSTS OF ILLEGAL
IMMIGRATION.
(a) Findings.--The Congress finds that--
(1) the Federal Government is solely responsible for
setting and enforcing national immigration policy;
(2) the Federal Government has not adequately enforced
immigration laws;
[[Page 805]]
(3) this weak enforcement has imposed financial costs on
State and local governments;
(4) the Federal Government has failed to investigate and
prosecute Federal wage and hour violations, thus creating
incentives to hire persons illegally in the United States and
exacerbating the problem of illegal immigration;
(5) States must incur costs for incarcerating undocumented
persons convicted of State and local crimes, educating
undocumented children, providing emergency medical services
to undocumented persons, and providing services incidental to
admission of refugees under the Refugee Admissions and
Resettlement Program; and
(6) the Federal Government has an obligation to reimburse
State and local governments for costs resulting from the
costs described in this subsection.
(b) Sense of Congress.--It is the sense of the Congress
that, in setting forth the budget authority and outlay
amounts in this resolution, the Congress intends that funding
should be provided to reimburse State and local governments
for the costs associated with--
(1) elementary and secondary education for undocumented
children;
(2) emergency medical assistance to undocumented persons;
(3) incarceration and parole of criminal aliens; and
(4) services incidental to admission of refugees under the
Refugee Admissions and Resettlement Program.
SEC. 36. SENSE OF THE CONGRESS REGARDING BASELINES.
(a) Findings.--The Congress finds that--
(1) the baseline budget shows the likely course of Federal
revenues and spending if policies remain unchanged;
(2) baseline budgeting has given rise to the practice of
calculating policy changes from an inflated spending level;
and
(3) the baseline concept has been misused to portray
policies that would simply slow down the increase in spending
as spending reductions.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) the President should submit a budget that compares
proposed spending levels for the budget year with the current
year; and
(2) the starting point for deliberations on a budget
resolution should be the current year.
SEC. 37. SENSE OF THE CONGRESS REGARDING UNFUNDED FEDERAL
MANDATES.
It is the sense of the Congress that--
(1) the Federal Government should not shift the costs of
administering Federal programs to State and local
governments;
(2) the Federal Government's share of entitlement programs
should not be capped or otherwise decreased without providing
States authority to amend their financial or programmatic
responsibilities to continue meeting the mandated service;
and
(3) Congress should develop a mechanism to ensure that
costs of mandates are considered during agencies' development
of regulations and congressional deliberations on
legislation.
SEC. 38. CLOSING OF LOOPHOLES IN FOREIGN TAX PROVISIONS.
(a) Findings.--The Senate finds that--
(1) there is evidence suggesting that foreign-controlled
corporations doing business in the United States do not pay
their fair share of taxes;
(2) over 70 percent of foreign-controlled corporations
doing business in the United States pay no Federal income
tax;
(3) the United States Department of the Treasury has
limited its ability to protect the revenue base in the case
of cross-border transactions, to the detriment of taxpayers
engaged solely in domestic transactions;
(4) the Department of the Treasury has been using
antiquated accounting concepts to deal with sophisticated
multinational corporations;
(5) substantial Federal revenues are lost annually due to
the inability of the Internal Revenue Service to enforce the
``arm's length'' transaction rule, along with substantial
amounts spent on administration and litigation; and
(6) the Federal income tax laws provide a financial
incentive for domestic taxpayers to operate abroad by
granting them deferral of United States taxes on income
earned abroad.
(b) Sense of the Senate.--It is the sense of the Senate
that deficit reduction should be achieved, in part, by ending
loopholes and enforcement breakdowns that now foster the
underpayment of taxes on income from cross-border
transactions and that subsidize the flight of domestic
businesses and jobs out of the United States, by means
including--
(1) the adoption of a more streamlined and efficient method
of enforcing Federal tax laws involving multinational
corporations, especially those based abroad, and in
particular, the use by the Treasury Department of a formulaic
approach in cases in which the current ``arm's length''
transaction rules do not work; and
(2) a repeal of tax subsidies for domestic businesses that
operate abroad in tax havens and then ship their products
back into the United States.
SEC. 39. SENSE OF THE SENATE REGARDING TAX EXPENDITURES.
(a) Findings.--The Senate finds that tax expenditures--
(1) are growing significantly;
(2) may have the same effect as direct Federal spending;
and
(3) should be subject to the same level of budgetary review
as direct spending.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) the Congress should consider targets for the growth in
tax expenditures similar to the targets for the growth of
mandatory spending;
(2) any reconciliation instructions included in a budget
resolution should specify these targets; and
(3) such targets should be enforceable separately from any
revenue targets included in the reconciliation instructions.
SEC. 40. SENSE OF THE CONGRESS REGARDING HEALTH SERVICE
DELIVERY AND WATER INFRASTRUCTURE IN THE INDIAN
HEALTH SERVICE.
It is the sense of the Congress that--
(1) sufficient funding should be provided to the Indian
Health Service to ensure that Indian Health Service hospitals
and outpatient facilities in existence on the date of
enactment of this resolution, and Indian Health Service
hospitals and outpatient facilities scheduled to open during
fiscal years 1994, 1995, and 1996, are fully staffed with the
appropriate number of health care professionals needed to
meet the health and medical needs of the American Indians and
Alaska Natives who depend on the Indian Health Service for
health care; and
(2) sufficient funding should be provided to the Indian
Health Service to ensure that the Indian Health Service is
capable of meeting basic public health and safety and
sanitation requirements on Indian lands through timely and
proper water infrastructure construction and upgrades.
SEC. 41. SENSE OF THE SENATE REGARDING THE NATIONAL
AERONAUTICS AND SPACE ADMINISTRATION.
It is the sense of the Senate that the budget authority and
outlay figures for function 250 in this resolution do not
assume any amounts for the National Aeronautics and Space
Administration for any fiscal year from 1995 through 1999 in
excess of the amounts proposed by the President for such
fiscal year.
SEC. 42. MINIMUM ALLOCATION PROGRAM.
(a) Findings.--The Senate finds that--
(1) the minimum allocation program was established in 1982
to address inequities in the funding formula for Federal-aid
highways;
(2) the minimum allocation program was designed to provide
the greatest degree of flexibility practicable to States that
receive funding under the formula referred to in paragraph
(1) and includes an exemption of the apportionments from the
obligation ceiling;
(3) the minimum allocation program provides additional
flexibility by allowing a State a 4-year period during which
amounts apportioned to the State may be obligated;
(4) the budget of the United States Government for fiscal
year 1995 submitted by the President to Congress proposes to
include minimum allocation apportionments under the
obligation ceiling and also proposes to limit the authority
of States to obligate apportionments under the minimum
allocation program to 67 percent of the amount of the
apportionments; and
(5) States have planned transportation programs on the
basis of the provisions of the Intermodal Surface
Transportation Efficiency Act of 1991, and the amendments
made by the Act, relating to minimum allocation that
confirmed core commitments to exemption and flexibility.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) the minimum allocation program should remain exempt
from the obligation ceiling; and
(2) the flexibility of the minimum allocation program
should be an enduring and critical component of the provision
of Federal assistance to States for Federal-aid highways.
(c) Definitions.--As used in this section:
(1) Federal-aid highways.--The term ``Federal-aid
highways'' has the meaning provided the term in section 101
of title 23, United States Code.
(2) Minimum allocation program.--The term ``minimum
allocation program'' means the program of allocation of
funding to States under section 157 of title 23, United
States Code.
(3) Obligation ceiling.--The term ``obligation ceiling''
means the obligation ceiling under section 1002 of the
Intermodal Surface Transportation Efficiency Act of 1991.
SEC. 43. POLICY IN EASTERN AND CENTRAL EUROPE.
It is the sense of the Congress that levels of spending set
forth in this resolution regarding the International Affairs
(150) budget category include an assumption that the United
States will oppose, consistent with provisions contained in
the Freedom Support Act and the Foreign Assistance
Appropriations Act of 1994, attempts by the Russian
Federation to intimidate, use military force or engage in
economic coercion to establish a sphere of influence over the
former republics of the Soviet Union, the Baltics, or Central
and Eastern European nations.
SEC. 44. STAR WARS (BALLISTIC MISSILE DEFENSE).
It is the sense of the Senate that given the Federal budget
deficit, the real reductions in discretionary spending in
this resolution, and the existence of many more worthy
programs competing for this funding, spending for the Star
Wars (Ballistic Missile Defense) must not exceed the fiscal
year 1994 appropriated level.
And the Senate agree to the same.
Martin Olav Sabo,
[[Page 806]]
Dick Gephardt,
Dale E. Kildee,
Anthony Beilenson,
Howard L. Berman,
Bob Wise,
John Bryant,
Charlie Stenholm,
Barney Frank,
Louise M. Slaughter,
Managers on the Part of the House.
Jim Sasser,
Fritz Hollings,
J. Bennett Johnston,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
On motion of Mr. SABO, the previous question was ordered on the
conference report to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. McNULTY, announced that the nays had it.
Mr. SABO objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
220
When there appeared
<3-line {>
Nays
183
Para. 44.18 [Roll No. 161]
YEAS--220
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bilbray
Bishop
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Flake
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lehman
Levin
Lewis (GA)
Lloyd
Long
Lowey
Maloney
Manton
Markey
Martinez
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickle
Pomeroy
Poshard
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Shepherd
Skaggs
Slattery
Slaughter
Smith (IA)
Spratt
Stenholm
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--183
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cooper
Cox
Crane
Crapo
Cunningham
Deal
DeFazio
DeLay
Diaz-Balart
Dickey
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
English
Everett
Ewing
Fawell
Fields (TX)
Fingerhut
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Machtley
Mann
Manzullo
Margolies-Mezvinsky
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Nussle
Packard
Paxon
Penny
Petri
Pickett
Pombo
Porter
Portman
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Traficant
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--29
Bevill
Blackwell
Clay
Clement
Doolittle
Fish
Foglietta
Ford (MI)
Hall (TX)
Herger
Laughlin
Lipinski
Matsui
McCandless
McCollum
Myers
Neal (MA)
Neal (NC)
Oxley
Price (NC)
Pryce (OH)
Rogers
Sangmeister
Santorum
Serrano
Sharp
Stark
Swett
Washington
So the conference report was agreed to.
Ordered, That the Clerk notify the Senate thereof.
Para. 44.19 providing for the consideration of h.r. 2442
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-495) the resolution (H. Res. 420) providing for consideration of
the bill (H.R. 2442) to authorize appropriations under the Public Works
and Economic Development Act of 1965, as amended, to revise
administrative provisions of the Act to improve the authority of the
Secretary of Commerce to administer grant programs, and for other
purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 44.20 adjournment over
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 12
o'clock noon on Monday, May 9, 1994.
Para. 44.21 calendar wednesday business dispensed with
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, May
11, 1994, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
Para. 44.22 british-american interparliamentary group
The SPEAKER pro tempore, Mr. McNULTY, announced that pursuant to the
provisions of section 168(b) of Public Law 102-138, the Speaker did
appoint to the British-American Interparliamentary Group, Mr. Hamilton,
Chairman, Mr. Lantos, Vice Chairman, and Messrs. Murphy, Boehlert, Lewis
of Florida, and McMillan, on the part of the House.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 44.23 message from the president--national endowment for democracy
The SPEAKER pro tempore, Mr. McNULTY, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
Pursuant to the provisions of section 504(h) of Public Law 98-164, as
amended (22 U.S.C. 4413(i)), I transmit herewith the 10th Annual Report
of the National Endowment for Democracy, which covers fiscal year 1993.
William J. Clinton.
The White House, May 5, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Foreign Affairs.
Para. 44.24 message from the president--federal advisory committees
The SPEAKER pro tempore, Mr. McNULTY, laid before the House a
[[Page 807]]
message from the President, which was read as follows:
To the Congress of the United States:
As provided by the Federal Advisory Committee Act, as amended (Public
Law 92-463; 5 U.S.C., App. 2, 6(c)), I am submitting my first Annual
Report on Federal Advisory Committees for fiscal year 1993 for your
consideration and action.
Consistent with my efforts to create a Government that works better
and costs less, I issued Executive Order No. 12838 on February 10, 1993,
requiring the executive branch to conduct a comprehensive review of all
advisory committees. Based upon this assessment, each department and
agency was directed to reduce by at least one-third the number of
committees not required by the Congress. I am pleased to advise that
this initiative has resulted in a net reduction of 284 unproductive
advisory committees, exceeding our elimination target of 267, by 6
percent, or 17 committees. In addition, we have identified approximately
30 unneeded statutory groups.
While progress has been achieved in assuring that the work of advisory
committees remains focused on national, rather than special interests, I
am asking for your support in effecting other needed improvements. The
Administration will forward to the Congress a legislative proposal to
terminate 30 advisory committees required by statute, but for which
compelling needs no longer exist. I urge the Congress to act quickly and
favorably on this proposal, and I welcome any recommendations of the
Congress regarding additional groups that may be eliminated through our
joint efforts to increase the effectiveness and efficiency of the
Government. Toward this end, I hope the Congress will show increased
restraint in the creation of new statutory committees.
I have directed the executive branch to exercise continued restraint
in the creation and management of advisory committees. This will allow
us to obtain further savings recommended by the Vice President and the
National Performance Review. Consistent with Executive Order No. 12838,
the Director of the Office of Management and Budget will continue to
approve new agency-sponsored committees when necessary and appropriate.
In addition the General Services Administration, as part of its overall
responsibilities under the Act, will periodically prepare legislation to
propose the elimination of committees no longer required by the
Government.
We stand ready to work with the Congress to assure the appropriate use
of advisory committees and to achieve the purposes for which this law
was enacted.
William J. Clinton.
The White House, May 5, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Government Operations.
Para. 44.25 senate bill, joint resolution and concurrent resolution
referred
A bill, a joint resolution, and a concurrent resolution of the Senate
of the following titles were taken from the Speaker's table and, under
the rule, referred as follows:
S. 1927. An Act to increase the rates of compensation for
veterans with service-connected disabilities and the rates of
dependency and indemnity compensation for the survivors of
certain disabled veterans; to the Committee on Veterans'
Affairs.
S.J. Res. 168. Joint resolution designating May 11, 1994,
as ``Vietnam Human Rights Day''; to the Committee on Post
Office and Civil Service.
S. Con Res. 68. Concurrent resolution to authorize printing
of Senator Robert C. Byrd's Addresses to the United States
Senate on the History of Roman Constitutionalism; to the
Committee on House Administration.
Para. 44.26 enrolled bill and joint resolution signed
Mr. ROSE, from the Committee on House Administration, reported that
that committee had examined and found truly enrolled a bill and a Joint
Resolution of the House of the following titles, which were thereupon
signed by the Speaker:
H.R. 4204. An Act to designate the Federal building located
at 711 Washington Street in Boston, Massachusetts, as the
``Jean Mayer Human Nutrition Research Center on Aging.''
H.J. Res. 239. Joint resolution to authorize the President
to proclaim September 1994 as ``Classical Music Month.''
Para. 44.27 leave of absence
By unanimous consent, leave of absence was granted--
To Ms. LONG, for today prior to 9 p.m.;
To Mr. CLEMENT, for today after 5:30 p.m.; and
To Mr. ROGERS, for today.
And then,
Para. 44.28 adjournment
On motion of Mrs. BENTLEY, pursuant to the special order heretofore
agreed to, at 9 o'clock and 45 minutes p.m., the House adjourned until
12 o'clock noon on Monday, May 9, 1994.
Para. 44.29 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. BEILENSON: Committee on Rules. House Resolution 420.
Resolution providing for the consideration of the bill (H.R.
2442) to reauthorize appropriations under the Public Works
and Economic Development Act of 1965, as amended, to revise
administrative provisions of the act to improve the authority
of the Secretary of Commerce to administer grant programs,
and for other purposes (Rept. No. 103-495). Referred to the
House Calendar.
Para. 44.30 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BAKER of Louisiana (for himself, Mr. Armey, Mrs.
Fowler, Mr. Inhofe, and Mr. McCrery):
H.R. 4350. A bill to amend title XIX of the Social Security
Act to make optional the provision of nonemergency medical
transportation services under the Medicaid Program and to
deny Federal financial participation for such services; to
the Committee on Energy and Commerce.
By Mr. BOUCHER (for himself, Mr. Upton, and Ms.
Lambert):
H.R. 4351. A bill to amend the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (Superfund)
to provide a mechanism for the allocation of liability among
potentially responsible parties, and for other purposes;
jointly, to the Committees on Energy and Commerce and Public
Works and Transportation.
By Mr. DUNCAN:
H.R. 4352. A bill to require each Federal agency to use
stationary on which is printed the telephone number of the
agency; to the Committee on Government Operations.
By Mr. GALLO:
H.R. 4353. A bill to require businesses who compile
consumer lists for sale to other businesses to notify
consumers on the list of the sales of the list; to the
Committee on Energy and Commerce.
H.R. 4354. A bill to amend title II of the Social Security
Act to prohibit the buying and selling of Social Security
account numbers; to the Committee on Ways and Means.
By Mr. GINGRICH:
H.R. 4355. A bill to suspend until January 1, 1998, the
duty on fluvoxamine, maleate; to the Committee on Ways and
Means.
By Mr. HUFFINGTON (for himself, Mr. Gingrich, Mr.
Leach, Mr. Walker, Mr. Neal of North Carolina, Mr.
Herger, Mr. Everett, Mr. Crapo, Mr. Pombo, Mr. Horn,
Mr. Inhofe, Mr. Boehner, Mr. Cunningham, Mr. Linder,
Mr. Grams, Mr. Walsh, Mr. Jacobs, Mr. Talent, Mr.
Baker of California, Mr. Stearns, Mr. Hoekstra, Mr.
Canady, Mr. Cox, Mr. Diaz-Balart, Mr. McKeon, Mr.
Dooley, Mr. Franks of New Jersey, Mrs. Vucanovich,
Mrs. Fowler, Mr. Gunderson, Mr. Hoke, Mr. McHale, Mr.
Portman, Mr. Sundquist, Mr. Torkildsen, Mr. Dickey,
and Mr. Hutchinson):
H.R. 4356. A bill to amend the Internal Revenue Code of
1986 to allow individuals who do not itemize their deductions
a deduction for a portion of their charitable contributions,
and for other purposes; to the Committee on Ways and Means.
By Mr. HUGHES (for himself and Mr. Moorhead) (both by
request):
H.R. 4357. A bill to make improvements in the operation and
administration of the Federal courts, and for other purposes;
to the Committee on the Judiciary.
By Mr. HYDE:
H.R. 4358. A bill to express U.S. policy with respect to
the North Atlantic Treaty Organization; to the Committee on
Foreign Affairs.
By Mr. KOPETSKI:
H.R. 4359. A bill to require a study and report on
environmental restoration at the Nevada Test Site, NV; to the
Committee on Armed Services.
By Ms. LAMBERT (for herself, Mr. Upton, Mr. Boucher,
Mr. Schaefer, and Mr. Manton):
H.R. 4360. A bill to amend the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 to clarify
liability under that act for certain recycling transactions;
jointly, to the Committees on Energy and Commerce and Public
Works and Transportation.
By Ms. NORTON:
H.R. 4361. A bill to amend title 5, United States Code, to
provide that an employee of
[[Page 808]]
the Federal Government may use sick leave to attend to the
medical needs of a family member; to modify the voluntary
leave transfer program with respect to employees who are
members of the same family; and for other purposes; to the
Committee on Post Office and Civil Service.
By Mr. WAXMAN (by request):
H.R. 4362. A bill to amend the Federal Food, Drug, and
Cosmetic Act to revise the authority under that act to
regulate pesticide chemical residues in food; to the
Committee on Energy and Commerce.
By Mr. JOHNSON of South Dakota (for himself, Mr. Minge,
and Mr. Grandy):
H.R. 4363. A bill to authorize the construction of the
Lewis and Clark Rural Water System and to authorize
assistance to the Lewis and Clark Rural Water System, Inc., a
nonprofit corporation, for the planning and construction of
the water supply system, and for other purposes; to the
Committee on Natural Resources.
By Mr. LANCASTER:
H.R. 4364. A bill to direct the Secretary of Transportation
to transfer administrative jurisdiction over certain lands
for inclusion in the Cape Hatteras National Seashore
Recreational Area; jointly, to the Committees on Merchant
Marine and Fisheries and Natural Resources.
By Mr. POMEROY (for himself, Mr. Barrett of Wisconsin,
Mr. Coppersmith, Mr. Hamburg, Mr. Minge, Ms.
Shepherd, Mrs. Thurman, and Mr. Pastor):
H.R. 4365. A bill to amend title XI of the Social Security
Act to repeal the requirement that employers report
information to the Medicare and Medicaid coverage data bank;
jointly, to the Committees on Ways and Means and Energy and
Commerce.
By Mr. WYNN (for himself, Mr. Engel, and Mr.
Foglietta):
H.R. 4366. A bill to amend the Small Business Act to
establish a minority graduate mentor program; to the
Committee on Small Business.
By Mrs. KENNELLY:
H.R. 4367. A bill to amend the Internal Revenue Code of
1986 and title I of the Employee Retirement Income Security
Act of 1974 with regard to pension integration,
participation, and vesting requirements, to provide for
division of pension benefits upon divorce unless otherwise
provided in qualified domestic relations orders, to provide
for studies relating to cost-of-living adjustments and
pension portability, and to clarify the continued
availability, under provisions governing domestic relations
orders, of remedies relating to matters treated in such
orders entered before 1985; jointly, to the Committees on
Ways and Means and Education and Labor.
By Mr. BLACKWELL (for himself, Mr. Mfume, Mr.
Foglietta, Mr. Nadler, Mr. Conyers, Mr. Engel, Mr.
Frost, Mr. Romero-Barcelo, Mr. Kleczka, Ms.
Velazquez, Ms. Norton, Mr. Wilson, Mr. Clyburn, Mr.
Underwood, Mr. Watt, Mr. Owens, Mr. Lancaster, Mr.
Dellums, Mr. Thompson, Mr. Scott, Ms. Brown of
Florida, Mr. Jefferson, Mr. Payne of New Jersey, Mr.
Washington, Mr. Tucker, Mr. Towns, and Mr. Rush):
H.J. Res. 364. Joint resolution designating June as
``African-American Music Month''; to the Committee on Post
Office and Civil Service.
By Mr. KNOLLENBERG (for himself, Mr. Penny, Mr. Rahall,
Ms. Danner, and Mr. Bonior):
H. Con. Res. 245. Concurrent resolution expressing the
sense of the House of Representatives commending Israel and
the Palestine Liberation Organization [PLO] for signing an
historic agreement in Cairo on May 4, 1994; to the Committee
on Foreign Affairs.
By Mr. WHEAT:
H. Con. Res. 246. Concurrent resolution expressing the
sense of the Congress regarding the denial or limitation of
health insurance coverage or benefits on the basis of
preexisting medical conditions; jointly, to the Committees on
Energy and Commerce and Ways and Means.
By Mr. MICHEL (for himself, Mr. Gingrich, Mr. Thomas of
California, Mr. Roberts, Mr. Livingston, Mr. Barrett
of Nebraska, Mr. Boehner, and Ms. Dunn):
H. Res. 419. Resolution amending the Rules of the House of
Representatives to provide for certain changes in the
bipartisan administrative oversight of House functions;
jointly, to the Committees on Rules and House Administration.
Para. 44.31 private bills and resolutions
Under clause 1 of rule XXII,
Mr. KENNEDY introduced a bill (H.R. 4368) to authorize the
Secretary of Transportation to issue a certificate of
documentation with appropriate endorsement for employment in
the coastwise trade for the vessel Sunrise; which was
referred to the Committee on Merchant Marine and Fisheries.
Para. 44.32 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 39: Mr. Hochbrueckner and Ms. Roybal-Allard.
H.R. 65: Mrs. Mink of Hawaii and Ms. Pryce of Ohio.
H.R. 123: Mr. Taylor of Mississippi and Ms. Pryce of Ohio.
H.R. 518: Mr. Barrett of Wisconsin and Mr. Klein.
H.R. 790: Mr. Watt.
H.R. 794: Mr. Kingston and Mr. Huffington.
H.R. 885: Mr. Myers of Indiana, Mr. Gunderson, and Mr.
Barton of Texas.
H.R. 911: Mr. Franks of New Jersey and Mr. Hoagland.
H.R. 1056: Mr. Volkmer, Mr. Underwood, Mr. Gordon, and Ms.
Velazquez.
H.R. 1277: Mr. Santorum and Mr. Paxon.
H.R. 1293: Mr. Istook and Mr. Hutto.
H.R. 1490: Mr. Clinger, Mr. Lehman, and Mr. Linder.
H.R. 1579: Mr. Dixon, Ms. Eshoo, and Mr. Farr.
H.R. 1864: Mr. Blute.
H.R. 1968: Mr. McDermott and Mr. Hoagland.
H.R. 2317: Mrs. Meyers of Kansas.
H.R. 2360: Mr. Kim.
H.R. 2433: Mr. Lewis of Florida.
H.R. 2479: Mrs. Collins of Illinois, Ms. Waters, Mr.
Applegate, and Ms. Roybal-Allard.
H.R. 2660: Ms. Norton.
H.R. 2676: Mr. Stokes.
H.R. 2691: Mr. Engel.
H.R. 2759: Mr. Packard, Mr. Parker, and Mr. Schaefer.
H.R. 2959: Mr. McCrery.
H.R. 3005: Mr. Schiff, Mr. Calvert, and Mr. Bunning.
H.R. 3017: Mr. Stenholm, Mr. Shaw, Mr. Smith of New Jersey,
and Mr. Baesler.
H.R. 3128: Ms. Shepherd.
H.R. 3182: Mr. Andrews of New Jersey.
H.R. 3250: Mr. Klug.
H.R. 3278: Mr. Foglietta.
H.R. 3293: Ms. Brown of Florida, Mr. Blackwell, and Mr.
Towns.
H.R. 3305: Mr. Menendez.
H.R. 3347: Mr. Watt and Ms. Velazquez.
H.R. 3392: Mr. Goodlatte, Mr. Hamilton, Mr. Fields of
Texas, and Mr. Schaefer.
H.R. 3421: Mr. Schiff, Mr. Calvert, Mr. Kolbe, and Mr.
Bunning.
H.R. 3472: Mr. Hinchey.
H.R. 3486: Mr. Peterson of Minnesota, Mr. DeFazio, Ms.
McKinney, Mr. Roth, Mr. Hansen, Mr. Barca of Wisconsin, Mr.
Deutsch, Mr. Mica, Mr. Castle, and Ms. Dunn.
H.R. 3490: Mr. Rowland.
H.R. 3507: Mr. Ravenel, Mr. McCrery, and Mr. Spratt.
H.R. 3630: Mr. LaFalce, Mr. McDermott, Mr. Ford of
Tennessee, and Mr. Jacobs.
H.R. 3659: Mr. LaFalce.
H.R. 3695: Mr. Bunning.
H.R. 3739: Mr. Solomon, Mr. Moran, Mr. Skeen, Mr. Levy, Mr.
Deal, Mrs. Meyers of Kansas, Mr. Dreier, Mr. Livingston.
H.R. 3750: Mr. Wynn and Mr. Minge.
H.R. 3790: Mr. McInnis.
H.R. 3811: Mr. Torres, Mr. Martinez, Mr. Baker of
California, and Mr. Brown of California.
H.R. 3851: Mr. Faleomavaega, Mr. Baker of Louisiana, Mr.
Coleman, Mr. Cox, Mr. Ravenel, Mr. Lightfoot, Mr. Linder, Mr.
Royce, Mr. Schiff, Mr. Zeliff, Mr. Blute, Mr. Levy, Mr.
Crapo, and Mr. Barton of Texas.
H.R. 3875: Mr. Rohrabacher, Mr. McHugh, Mr. Mica, Mr.
Herger, Mr. Kyl, Mr. Baker of California, Mr. Thomas of
California, Mr. McKeon, Mr. Moorhead, Mr. Dreier, Mr. Lewis
California, Mr. Calvert, Mr. Cox, Mr. Hunter, Mr. McInnis,
Mr. Allard, Mr. Schaefer, Mr. McCollum, Mr. Young of Florida,
Mr. Gingrich, Mr. Hyde, Mr. Buyer, Mr. Burton of Indiana, Mr.
Nussle, Mr. Rogers, Mr. Smith of Michigan, Mrs. Vucanovich,
Mr. Solomon, Mr. Paxon, Mr. Houghton, Mr. Coble, Mr. Gillmor,
Mr. Hobson, Mr. Kasich, Mr. Smith of Oregon, Mr. McDade, Mr.
Walker, Mr. Goodling, Mr. Ridge, Mr. Spence, Mr. Quillen, Mr.
Duncan, Mr. Sundquist, Mr. Sam Johnson, Mr. Barton of Texas.
Mr. Smith of Texas, Mr. DeLay, Mr. Armey, Mr. Bliley, Mr.
Roth, Mr. Sensenbrenner, Mr. Hastert, Mr. Dooley, Mr. Grandy,
Mr. Archer, Mr. Frost, Mr. Lewis of Florida, Mr. Istook, Mr.
Clinger, Mr. Myers of Indiana, Mr. Ewing, Mr. Hoekstra, Mr.
Levy, Mr. Linder, Mr. King, Mr. Bachus of Alabama, Mr. Kim,
Mr. Talent, Mr. Barrett of Nebraska, Mr. Condit, Mr. Hall of
Texas, Mr. Miller of Florida, Mr. Brooks, and Mr. Edwards of
Texas.
H.R. 3951: Mr. Swett, Mr. Deal, and Mr. Williams.
H.R. 3955: Mr. Murphy and Mr. Hutchinson.
H.R. 3973: Mr. Gilchrest, Mr. Engel, and Mr. Frost.
H.R. 4019: Mr. Gejdenson.
H.R. 4043: Mr. Mfume, Mr. Stokes, Ms. Collins of Michigan,
Ms. Eddie Bernice Johnson of Texas, Mr. Hilliard, Mr. Lewis
of Georgia, Ms. McKinney, Mr. Bishop, Mr. Tucker, Ms. Brown
of Florida, Mr. Wynn, Mr. Rush, Mr. Conyers, Mr. Rangel, and
Mr. Hastings.
H.R. 4051: Ms. McKinney.
H.R. 4091: Mr. Dellums.
H.R. 4095: Mr. Cox, Mr. Stump, Mr. Bachus of Alabama, Mr.
Gordon, and Ms. Pryce of Ohio.
H.R. 4100: Mr. Archer.
H.R. 4109: Mr. Ackerman.
H.R. 4118: Mr. Tejeda, Mr. Frank of Massachusetts, Mr.
Lantos, and Mr. Schiff.
H.R. 4128: Mr. Fingerhut, Mr. Foglietta, Mr. Hilliard, Mr.
Stupak, Mr. Towns, and Mr. Wyden.
H.R. 4135: Mr. Rose, Mr. Kildee, Mr. Bevill, Mr. Young of
Florida, Mr. Waxman, Mr. Hilliard, Mr. Matsui, Mr. Carr, Mr.
Lancaster, Mr. Johnston of Florida, Mr. Hoyer, Mr. Flake, Mr.
Swett, and Mr. Faleomavaega.
H.R. 4148: Ms. Norton, Mr. Neal of Massachusetts, and Mr.
Markey.
[[Page 809]]
H.R. 4158: Mr. Allard, Mr. Gutierrez, Mr. Bonior, Mr.
Filner, Mr. Miller of California, Mr. Towns, Mr. Nadler, Mrs.
Maloney, Ms. DeLauro, Mr. Owens, Mr. Hinchey, Mr. Serrano,
Mr. Ackerman, Mr. Flake, and Mr. Washington.
H.R. 4178: Mr. Packard and Mr. Klug.
H.R. 4216: Mr. McDermott.
H.R. 4223: Mr. Bartlett of Maryland, Mr. Bliley, Mr.
Doolittle, Mr. Fawell, Mr. Gekas, Mr. Gingrich, Mr. Hansen,
Mr. Hobson, Mr. Petri, Mr. Torkildsen, Mrs. Vucanovich, and
Mr. Zeliff.
H.R. 4247: Mr. Grams and Mr. Zimmer.
H.R. 4260: Mr. LaFalce, Mr. Parker, Mr. Klug, Mr. Ravenel,
Ms. Eshoo, Mr. Lipinski, Mr. Abercrombie, and Mr. Neal of
Massachusetts.
H.R. 4269: Mr. King, Mr. Armey, Mr. Wilson, and Mr. Dornan.
H.R. 4272: Mr. Fazio, Mr. Mineta, and Mr. Meehan.
H.R. 4273: Mr. Fazio, Mr. Mineta, and Mr. Meehan.
H.R. 4281: Mr. Hunter, Mr. Dornan, and Mr. Roberts.
H.R. 4345: Mr. Engel, Mr. Lewis of Georgia, Mr. Gene Green
of Texas, Mr. Fish, Mr. Torkildsen, and Ms. Molinari.
H.R. 4347: Mr. Barrett of Nebraska, Mr. Boehner, and Mr.
Dickey.
H.J. Res. 90: Mr. McHugh and Mr. Baker of California.
H.J. Res. 297: Mr. Duncan.
H.J. Res. 302: Mr. Murtha, Mr. Cramer, Mr. Gutierrez, Mr.
Ballenger, Mr. Ehlers, Mr. LaFalce, Mr. Weldon, Mr.
Gejdenson, and Mr. Tejeda.
H.J. Res. 311: Mr. Calvert, Mrs. Clayton, Mr. Coble, Mr.
Coleman, Mr. Crane, Mr. Darden, Mr. Dixon, Mr. Edwards of
California, Mr. Emerson, Mr. Fish, Mr. Pete Geren of Texas,
Mr. Gordon, Mr. Greenwood, Mr. Hastert, Mr. Horn, Mr. Inhofe,
Mr. Johnson of South Dakota, Mr. Kildee, Mr. McInnis, Ms.
McKinney, Mr. McNulty, Mr. Markey, Mr. Matsui, Mr. Oberstar,
Mr. Olver, Mr. Orton, Mr. Pallone, Mr. Payne of New Jersey,
Mr. Petri, Mr. Sanders, Mr. Serrano, Ms. Snowe, Mr. Taylor of
North Carolina, Mr. Taylor of Mississippi, Mr. Tejeda, Mr.
Upton, and Mr. Stokes.
H.J. Res. 327: Mr. Pickett, Mr. Wyden, and Mr. Dicks.
H.J. Res. 333: Mr. Flake, Mr. Hefner, Mr. Barcia of
Michigan, Mr. Applegate, Mr. Burton of Indiana, Mr. Evans,
Mr. Levy, Mr. Gunderson, Ms. DeLauro, Mr. Weldon, Mr. Matsui,
Mr. Menendez, and Mr. Coble.
H.J. Res. 334: Mr. Ackerman, Mr. Bateman, Mr. Dellums, Mr.
de Lugo, Ms. Furse, Mr. Hinchey, Mr. Lazio, Ms. Lowey, Mr.
McDade, Mr. Moran, Mr. Neal of Massachusetts, Mr. Pastor, Mr.
Romero-Barcelo, Mr. Torres, Mrs. Unsoeld, Ms. Velazquez.
H.J. Res. 344: Mr. Hayes, Mr. Lantos, Mr. Kasich, Mr.
Peterson of Florida, Mr. Cramer, Mr. Gekas, Mr. Kennedy, Mr.
Gonzalez, Mr. Smith of New Jersey, Mr. Dixon, Mr. Dornan, Mr.
Weldon, Mr. LaFalce, Mr. Andrews of New Jersey, Mr. Engel,
and Mr. Bonior.
H. Con. Res. 6: Mr. Hansen and Mr. Smith of Michigan.
H. Con. Res. 98: Mr. Kim, Mr. Packard, and Mr. Santorum.
H. Con. Res. 148: Mr. Bachus of Alabama.
H. Con. Res. 176: Mr. Clyburn and Mr. Berman.
H. Con. Res. 210: Mr. Gallo and Mr. Solomon.
H. Con. Res. 235: Mr. Miller of California, Mr. Moran, Mr.
Abercrombie, Mr. Penny, Mr. Skaggs, Mr. Slattery, Mr.
Clement, Mr. Conyers, Mr. Meehan, Mr. Durbin, Ms. Pelosi, Mr.
Sanders, Mrs. Maloney, Mr. Stark, Mr. Olver, Mr. Pallone, Mr.
Hochbrueckner, Mrs. Morella, Ms. Slaughter, Mr. Fingerhut,
Mr. Hughes, Mr. Price of North Carolina, Mr. Filner, Mr.
McCloskey, Mr. Serrano, Mr. Beilenson, Mr. Edwards of
California, Mr. Waxman, Mr. Lewis of Georgia, Ms. Roybal-
Allard, Mr. Stokes, Mrs. Schroeder, Mr. Bonior, Mr. Leach,
Mr. Wheat, Mr. Shays, Mr. Nadler, Mr. Williams, Mr. Pomeroy,
and Mr. Reynolds.
H. Res. 255: Mr. Hutchinson, Mr. Crane, Mr. Tanner, Mr.
Hyde, Mr. Underwood, Mr. Cox, Mr. Solomon, Mr. Hastert, and
Mr. Clinger.
H. Res. 368: Mr. Holden, Mr. Foglietta, Mr. Gejdenson, and
Mr. Evans.
Para. 44.33 petitions, etc.
Under clause 1 of rule XXII, petitions and papers were laid on the
Clerk's desk and referred as follows:
91. By the SPEAKER: Petition of the city of Sunrise, FL,
relative to a correspondence between the Department of
Justice and the city of Sunrise in regard to a grant request
for more police officers; to the Committee on the Judiciary.
92. Also, petition of the city of Sunrise, FL, relative to
city of Sunrise, FL, Resolution No. 94-70; Urgently calling
for anticrime legislation; making recommendations and
rededicating itself to crime prevention and suppression; to
the Committee on the Judiciary.
.
MONDAY, MAY 9, 1994 (45)
The House was called to order by the SPEAKER.
Para. 45.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Thursday, May 5, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 45.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3132. A letter from the Comptroller General, the General
Accounting Office, transmitting status of budget authority
that was proposed for rescission by the President in his
fourth special impoundment message for fiscal year 1994,
pursuant to 2 U.S.C. 685 (H. Doc. No. 103-254); to the
Committee on Appropriations and ordered to be printed.
3133. A letter from the Principal Deputy Under Secretary of
Defense, transmitting certification that the Javelin major
defense acquisition program is essential to the national
security, has no alternative that would cost less, its new
estimates are reasonable and its management structure is
adequate, pursuant to 10 U.S.C. 2433(e)(1); to the Committee
on Armed Services.
3134. A letter from the Principal Deputy Under Secretary of
Defense, transmitting certification that the C-17 major
defense acquisition program is essential to the national
security, has no alternative that would cost less, its new
estimates are reasonable and its management structure is
adequate, pursuant to 10 U.S.C. 2433(e)(1); to the Committee
on Armed Services.
3135. A letter from the Principal Deputy Under Secretary of
Defense, transmitting certification that the Titan IV major
defense acquisition program is essential to the national
security, has no alternative that would cost less, its new
estimates are reasonable and its management structure is
adequate, pursuant to 10 U.S.C. 2433(e)(1); to the Committee
on Armed Services.
3136. A letter from the Principal Deputy Under Secretary of
Defense, transmitting certification that the AN/SQQ-89 major
defense acquisition program is essential to the national
security, has no alternative that would cost less, its new
estimates are reasonable and its management structure is
adequate, pursuant to 10 U.S.C. 2433(e)(1); to the Committee
on Armed Services.
3137. A letter from the Principal Deputy Under Secretary of
Defense, transmitting certification that the ASAS major
defense acquisition program is essential to the national
security, has no alternative that would cost less, its new
estimates are reasonable and its management structure is
adequate, pursuant to 10 U.S.C. 2433(e)(1); to the Committee
on Armed Services.
3138. A letter from the Deputy and Acting CEO, Resolution
Trust Corporation, transmitting the Corporation's 1994
Semiannual Comprehensive Litigation Report, covering the
period from October 1, 1993 to March 31, 1994, pursuant to
Public law 103-204, section 3; to the Committee on Banking,
Finance and Urban Affairs.
3139. A letter from the Director, Defense Security
Assistance Agency, transmitting a copy of Transmittal No. 02-
94, concerning a proposed Agreement with the United Kingdom
Ministry of Defense, pursuant to 22 U.S.C. 2767(f); to the
Committee on Foreign Affairs.
3140. A letter from the Director, Defense Security
Assistance Agency, transmitting a copy of Transmittal No. 03-
94, concerning a proposed Agreement with the United Kingdom
Ministry of Defense, pursuant to 22 U.S.C. 2767(f); to the
Committee on Foreign Affairs.
3141. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a copy of the
Secretary's determination and justification to exercise the
authority granted him under section 451 of the Foreign
Assistance Act of 1961, as amended, authorizing funds for a
Palestinian police force in the West Bank and Gaza Strip,
pursuant to 22 U.S.C. 2261(a)(2); to the Committee on Foreign
Affairs.
3142. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on Foreign Affairs.
3143. A letter from the Secretary of State, transmitting a
copy of the administration's policy on multilateral peace
operations; to the Committee on Foreign Affairs.
3144. A letter from the Director, Office of Management and
Budget, transmitting OMB estimate of the amount of change in
outlays or receipts, as the case may be, in each fiscal year
through fiscal year 1999 resulting from passage of H.R. 2333,
H.R. 4066, S. 1636, pursuant to Public Law 101-508, section
13101(a) (104 Stat. 1388-582); to the Committee on Government
Operatios.
3145. A letter from the Administrator, General Services
Administration, transmitting copies of Federal construction
prospectus for Tucson, AZ, and Cleveland, OH, pursuant to 40
U.S.C. 606(a); to the Committee on Public Works and
Transportation.
Para. 45.3 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate agreed to the amendment of the House to the amendment of
the Senate to the bill (H.R. 1727) ``An Act to establish a program of
grants to States for arson research, prevention, and control, and for
other purposes.''
The message also announced that the Senate had passed a bill of the
following title, in which the concurrence of the House is requested:
[[Page 810]]
S. 668. An Act to amend title IX of the Civil Rights Act of
1968 to increase the penalties for violating the fair housing
provisions of the Act, and for other purposes.
Para. 45.4 submission of conference report--s. 2000
Mr. MARTINEZ submitted a conference report (Rept. No. 103-497) on the
bill of the Senate (S. 2000) to authorize appropriations for fiscal
years 1995 through 1998 to carry out the Head Start Act and the
Community Services Block Grant Act, and for other purposes; together
with a statement thereon, for printing in the Record under the rule.
Para. 45.5 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
Para. 45.6 message from the president--national emergency with respect
to haiti
The SPEAKER laid before the House a message from the President, which
was read as follows:
To the Congress of the United States:
On October 4, 1991, pursuant to the International Emergency Economic
Powers Act (``IEEPA'') (50 U.S.C. 1703 et seq.) and section 301 of the
National Emergencies Act (``NEA'') (50 U.S.C. 1601 et seq.), President
Bush exercised his statutory authority to issue Executive Order No.
12775 on October 4, 1991, declaring a national emergency and blocking
Haitian government property.
On October 28, 1991, pursuant to the above authorities, President Bush
exercised his statutory authority to issue Executive Order No. 12779 on
October 28, 1991, blocking property of and prohibiting transactions with
Haiti.
On June 30, 1993, pursuant to the above authorities, as well as the
United Nations Participation Act of 1945, as amended (``UNPA'') (22
U.S.C. 287c) I exercised my statutory authority to issue Executive Order
No. 12853 on June 30, 1993, to impose additional economic measures with
respect to Haiti. This latter action was taken, in part, to ensure that
the economic measures taken by the United States with respect to Haiti
would conform to United Nations Security Council Resolution 841 (June
16, 1993).
On October 18, 1993, pursuant to the IEEPA and the NEA, I again
exercised my statutory authority to issue Executive Order No. 12872 on
October 18, 1993, blocking property of various persons with respect to
Haiti.
On May 6, 1994, the United Nations Security Council adopted Resolution
917, calling on Member States to take additional measures to tighten the
embargo against Haiti. These include, inter alia, a requirement that
Member States deny permission for take off, landing or overflight to any
aircraft flying to or from Haiti, other than aircraft on regularly
scheduled commercial passenger flights. In addition, the Resolution
strongly urges, but does not mandate, the freezing of funds and
financial resources of officers of the military in Haiti, including
police, major participants in the coup d'etat of 1991, and in illegal
governments since the coup d'etat, those employed by, or acting on
behalf of, the military, and immediate family members of the foregoing.
Effective at 11:59 p.m. e.d.t., May 8, 1994, I have taken additional
steps pursuant to the above statutory authorities to enhance the
implementation of this international embargo and to conform to United
Nations Security Council Resolution 917.
This new Executive order:
--bans arriving and departing flights and overflights stopping or
originating in Haiti, except regularly scheduled commercial
passenger flights;
--blocks the funds and financial resources, subject to the
jurisdiction of the United States, of the individuals specified in
Resolution 917, identified above;
--prohibits any transaction that evades or avoids or has the purpose
of evading or avoiding, or attempts to violate, any of the
prohibitions of this order; and
--authorizes the Secretary of the Treasury, in consultation with the
Secretary of State, to issue regulations implementing the provisions
of the Executive order.
The new Executive order is necessary to implement certain provisions
of United Nations Security Council Resolution 917 of May 6, 1994, that
are to take effect without delay. Further measures, including a
comprehensive trade embargo with certain humanitarian exceptions, are
required no later than May 21, 1994. I am considering additional
measures to give full effect to these and other provisions of that
Resolution. The measures we are imposing and the United Nations Security
Council Resolution adopted on May 6, 1994, reflect the determination of
the United States, acting in concert with the international community,
to end the assault on democracy and human dignity in Haiti.
I am providing this notice to the Congress pursuant to section 204(b)
of the IEEPA (50 U.S.C. 1703(b)) and section 301 of the NEA (50 U.S.C.
1631). I am enclosing a copy of the Executive order that I have issued.
William J. Clinton.
The White House, May 7, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Foreign Affairs and ordered to
be printed (H. Doc. 103-253).
Para. 45.7 leave of absence
By unanimous consent, leave of absence was granted to Mr. UNDERWOOD,
for today and the balance of the week.
And then,
Para. 45.8 adjournment
On motion of Mr. WOLF, pursuant to the special order of the House of
February 11, 1994, at 1 o'clock and 18 minutes p.m., the House adjourned
until 10:30 a.m., Tuesday, May 10, 1994.
Para. 45.9 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
[Submitted May 6, 1994]
Mr. MILLER of California: Committee on Natural Resources.
H.R. 3567. A bill to amend the John F. Kennedy Center Act to
transfer operating responsibilities to the Board of Trustees
of the John F. Kennedy Center for the Performing Arts, and
for other purposes; with an amendment (Rept. No. 103-453, Pt.
2). Referred to the Committee of the Whole House on the State
of the Union.
[Submitted May 9, 1994]
Mr. OBEY: The 1994 Joint Economic Report on the 1994
Economic Report of the President (Rept. No. 103-496).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. FORD of Michigan: Committee of Conference. Conference
report on S. 2000. An Act to authorize appropriations for
fiscal years 1995 through 1998 to carry out the Head Start
Act and the Community Services Block Grant Act, and for other
purposes (Rept. No. 103-497).
Para. 45.10 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII,
Mr. THOMAS of California (for himself, Mr. Dooley, Mr.
Doolittle, and Mr. McCrery) introduced a bill (H.R. 4369) to
remove the restrictions on the export of Alaskan North Slope
oil, and for other purposes; which was referred, jointly, to
the Committees on Foreign Affairs, Energy and Commerce,
Natural Resources, and Merchant Marine and Fisheries.
Para. 45.11 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 1080: Mr. Orton.
H.R. 1191: Mr. Orton.
H.R. 3678: Mr. Ravenel.
H.R. 3818: Mr. Bonior.
H.R. 4100: Mr. Edwards of California, Ms. Woolsey, and Ms.
Slaughter.
H.R. 4211: Mr. Zimmer.
H.R. 4212: Mr. Gene Green of Texas, Ms. Schenk, Ms. Dunn,
Mr. Cunningham, and Mr. Torkildsen.
H.R. 4215: Mr. Pombo.
H.J. Res. 129: Mr. Orton.
H.J. Res. 209: Mr. Reed, Mr. Spratt, Mr. Traficant, Mr.
DeFazio, Ms. Snowe, Mr. Spence, Mr. Conyers, Mr. Taylor of
Mississippi, Mr. Oberstar, Ms. Pryce of Ohio, Mr. Gallo, Mr.
Borski, Mr. Stump, Mr. Boehlert, Mr. Peterson of Florida,
Mrs. Byrne.
H. Con. Res. 91: Mr. Penny.
H. Con. Res. 188: Ms. Norton, Mr. Wyden, Mr. Coleman, Mr.
Stokes, Mr. Manton, Mrs. Unsoeld, Mr. Visclosky, Ms. Lowey,
Mrs. Byrne, Mr. Serrano, Mr. Bryant, Mr. Brown of Ohio, Mr.
Kennedy, Ms. Snowe, Mr. Andrews of New Jersey, Mr. Cox, Mr.
Edwards of California, Ms. Long, and Mr. Dellums.
.
TUESDAY, MAY 10, 1994 (46)
The House was called to order by the SPEAKER at 10:30 a.m., when,
pursu-
[[Page 811]]
ant to the order of the House of Friday, February 11, 1994, Members were
recognized for ``morning hour'' debates.
Para. 46.1 messages from the president
Sundry messages in writing from the President of the United States
were communicated to the House by Mr. McCathran, one of his secretaries.
Para. 46.2 recess--10:55 a.m.
The SPEAKER pro tempore, Mr. CHAPMAN, pursuant to clause 12 of rule I,
declared the House in recess until 12 o'clock noon.
Para. 46.3 after recess--12:00 noon
The SPEAKER called the House to order.
Para. 46.4 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3146. A letter from the Secretary of Defense, transmitting
a report pursuant to section 242 of the fiscal year 1994
National Defense Authorization Act; to the Committee on Armed
Services.
3147. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting copies of the original
report of political contributions by Brady Anderson, of
Arkansas, Ambassador designate to the Republic of Tanzania,
and members of his family, also by Dorothy Myers Sampas, of
Maryland, Ambassador designate to the Islamic Republic of
Mauritania, and members of her family, pursuant to 22 U.S.C.
3944(b)(2); to the Committee on Foreign Affairs.
3148. A letter from Secretary of Health and Human Services,
transmitting a draft of proposed legislation to extend
authorizations of appropriations for certain youth programs
under the Anti-Drug Abuse Act of 1988, pursuant to 31 U.S.C.
1110; jointly, to the Committees on Education and Labor and
Energy and Commerce.
3149. A letter from the Secretary of Energy, transmitting
notification that the report from the Advisory Committee on
Demonstration and Commercial Application of Renewable Energy
and Energy Efficiency Technologies will not meet the due date
of April 24, 1994, but will submit the report by April 28,
1995, pursuant to 42 U.S.C. 13311; jointly, to the Committees
on Energy and Commerce and Science, Space, and Technology.
3150. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting Memorandum of
Justification for Presidential Determination Regarding the
Drawdown of Commodities and Services To Assist the
International Tribunal For the Former Yugoslavia, pursuant to
22 U.S.C. 2318(b)(2); jointly, to the Committees on Foreign
Affairs and Appropriations.
3151. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting certification to
the Congress: Regarding the incidental capture of sea turtles
in commercial shrimping operations, pursuant to Public Law
101-162, section 609(b)(2) (103 Sat. 1038); jointly, to the
Committees on Merchant Marine and Fisheries and
Appropriations.
Para. 46.5 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed with an amendment in which the concurrence of
the House is requested, a bill of the House of the following title:
H.R. 3841. An Act to amend the Bank Holding Company Act of
1956, the Revised Statutes of the United States, and the
Federal Deposit Insurance Act to provide for interstate
banking and branching.
The message also announced that the Senate insisted upon its amendment
to the bill (H.R. 3841) ``An Act to amend the Bank Holding Company Act
of 1956, the Revised Statutes of the United States, and the Federal
Deposit Insurance Act to provide for interstate banking and branching,''
requested a conference with the House on the disagreeing votes of the
two Houses thereon, and appointed Mr. Riegle, Mr. Sarbanes, Mr. Dodd,
Mr. Sasser, Mr. D'Amato, Mr. Gramm, and Mr. Roth, to be the conferees on
the part of the Senate.
The message also announced that the Senate had passed a bill of the
following title, in which the concurrence of the House is requested:
S. 116. An Act for the relief of Fanie Phily Mateo Angeles.
Para. 46.6 permission to file report
On motion of Mr. MONTGOMERY, by unanimous consent, the Committee on
Armed Services was granted permission until midnight tonight to file a
report (Rept. No. 103-499) on the bill (H.R. 4301) to authorize
appropriations for fiscal year 1995 for military activities of the
Department of Defense, to prescribe military personnel strengths for
fiscal year 1995, and for other purposes.
Para. 46.7 social security taxes for household workers
Mr. ROSTENKOWSKI moved to suspend the rules and pass the bill (H. R.
4278) to make improvements in the old-age, survivors, and disability
insurance program under title II of the Social Security Act.
The SPEAKER recognized Mr. ROSTENKOWSKI and Mr. BUNNING, each for 20
minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. JACOBS demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Wednesday, May, 1994, pursuant to the prior announcement of the Chair.
Para. 46.8 john minor wisdom courthouse
Mr. MINETA moved to suspend the rules and agree to the following
amendments of the Senate to the bill (H.R. 2868) to designate the
Federal building located at 600 Camp Street in New Orleands, Louisiana,
as the ``John Minor Wisdom United States Courthouse'':
Page 1, line 6, strike out ``Courthouse'' and insert
``Court of Appeals Building''.
Page 2, line 6, strike out ``Courthouse'' and insert
``Court of Appeals Building''.
Amend the title so as to read: ``An Act to designate the
Federal building located at 600 Camp Street in New Orleans,
Louisiana, as the `John Minor Wisdom United States Court of
Appeals Building', and for other purposes.''.
The SPEAKER pro tempore, Mrs. KENNELLY, recognized Mr. MINETA and Mr.
PETRI, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said amendments?
The SPEAKER pro tempore, Mrs. KENNELLY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said amendments were agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said amendments were agreed to was passed was, by unanimous consent,
laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 46.9 john f. kennedy center
Mr. MINETA moved to suspend the rules and pass the bill (H.R. 3567) to
amend the John F. Kennedy Center Act to transfer operating
responsibilities to the Board of Trustees of the John F. Kennedy Center
for the Performing Arts and for other purposes; as amended.
The SPEAKER pro tempore, Mrs. KENNELLY, recognized Mr. MINETA and Mr.
PETRI, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mrs. KENNELLY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 46.10 clear creek county, colorado, lands
Mr. VENTO moved to suspend the rules and agree to the following
amendments of the Senate to the bill (H.R. 1134) to provide for the
transfer of certain public lands located in Clear Creek County,
Colorado, to the United States Forest Service, the State of Colorado,
and certain local governments in the State of Colorado, and for other
purposes:
(1) Page 2, line 22, strike out [(1)] and insert: (1) The
boundaries of the Arapaho National Forest are hereby modified
as shown on the map referred to in section 2.
[[Page 812]]
(2) Page 6, lines 16 and 17, strike out [section 202] and
insert: section 2
(3) Page 8, line 21, strike out all after ``(c)).'' down to
and including ``Act,'' in line 24 and insert: Any lands so
transferred shall be held by the recipient thereof under the
same terms and conditions as if transferred by the United
States under such Act,
(4) Page 9, line 15, strike out [Mining] and insert:
Mineral
(5) Page 10, strike out all after line 6 over to and
including line 5 on page 11 and insert:
(b) Limitation on Patent Issuance.--Subject to valid
existing rights, no patent shall be issued after the date of
enactment of this Act for any mining or mill site claim
located under the general mining laws within the public lands
referred to in sections 4 and 5.
(6) Page 11, line 10, strike out [title] and insert: Act
(7) Page 11, line 17, strike out [title] and insert: Act
(8) Page 11, line 19, strike out [title] and insert: Act
(9) Page 11, line 22, strike out [enactment of this Act]
and insert: their transfer to the ownership of another party
(10) Page 11, strike out all after line 22, over to and
including line 4 on page 12.
(11) Page 12, line 5, strike out [(d)] and insert: (c)
Amend the title so as to read: ``An Act to provide for the
transfer of certain public lands located in Clear Creek
County, Colorado, to the Forest Service, the State of
Colorado, and certain local governments in the State of
Colorado, and for other purposes.''.
The SPEAKER pro tempore, Mrs. KENNELLY, recognized Mr. VENTO and Mr.
HANSEN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said amendments?
The SPEAKER pro tempore, Mrs. KENNELLY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said amendments were agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said amendments were agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
Para. 46.11 colorado land exchanges
Mr. VENTO moved to suspend the rules and pass the bill of the Senate
(S. 341) to provide for a land exchange between the Secretary of
Agriculture and Eagle and Pitkin Counties in Colorado, and for other
purposes.
The SPEAKER pro tempore, Mrs. KENNELLY, recognized Mr. VENTO and Mr.
HANSEN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mrs. KENNELLY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 46.12 providing for the consideration of h.r. 2442
Mr. BEILENSON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 420):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 2442) to reauthorize appropriations under the
Public Works and Economic Development Act of 1965, as
amended, to revise administrative provisions of the Act to
improve the authority of the Secretary of Commerce to
administer grant programs, and for other purposes. The first
reading of the bill shall be dispensed with. All points of
order against consideration of the bill are waived. General
debate shall be confined to the bill and the amendments made
in order by this resolution and shall not exceed ninety
minutes, with sixty minutes equally divided and controlled by
the chairman and ranking minority member of the Committee on
Public Works and Transportation and thirty minutes equally
divided and controlled by the chairman and ranking minority
member of the Committee on Banking, Finance and Urban
Affairs. After general debate the bill shall be considered
for amendment under the five-minute rule. In lieu of the
committee amendments now printed in the bill, it shall be in
order to consider as an original bill for the purpose of
amendment under the five-minute rule the amendment in the
nature of a substitute printed in part 1 of the report of the
Committee on Rules accompanying this resolution. The
amendment in the nature of a substitute shall be considered
as read. Before consideration of any other amendment it shall
be in order to consider the amendment printed in part 2 of
the report of the Committee on Rules, if offered by a Member
designated in the report. All points of order against the
amendments printed in the report are waived. At the
conclusion of consideration of the bill for amendment the
Committee shall rise and report the bill to the House with
such amendments as may have been adopted. Any Member may
demand a separate vote in the House on any amendment adopted
in the Committee of the Whole to the bill or to the amendment
in the nature of a substitute made in order as original text.
The previous question shall be considered as ordered on the
bill and amendments thereto to final passage without
intervening motion except one motion to recommit with or
without instructions.
When said resolution was considered.
After debate,
On motion of Mr. BEILENSON, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 46.13 message from the president--aeronautics and space activities
The SPEAKER pro tempore, Mr. SCOTT, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
I am pleased to transmit this report on the Nation's achievements in
aeronautics and space during fiscal year 1993, as required under section
206 of the National Aeronautics and Space Act of 1958, as amended (42
U.S.C. 2476). Aeronautics and space activities involve 14 contributing
departments and agencies of the Federal Government, as this report
reflects, and the results of their ongoing research and development
affect the Nation as a whole in a variety of ways.
Fiscal year 1993 brought numerous important changes and developments
in U.S. aeronautics and space efforts. It included 7 Space Shuttle
missions, 14 Government launches of Expendable Launch Vehicles [ELVs],
and 4 commercial launches from Government facilities. Highlights of the
Shuttle missions included the first in a series of flights of the U.S.
Microgravity Payload that contained scientific and materials-processing
experiments to be carried out in an environment of reduced gravity; the
deployment of the Laser Geodynamic Satellite (a joint venture between
the United States and Italy); the deployment of a Tracking and Data
Relay Satellite; and, the second Atmospheric Laboratory for Applications
and Science mission to study the composition of the Earth's atmosphere,
ozone layer, and elements thought to be the cause of ozone depletion.
The ELV missions carried a variety of payloads ranging from Global
Positioning System satellites to those with classified missions.
I also requested that a redesign of the Space Station be undertaken to
reduce costs while retaining science-user capability and maintaining the
program's international commitments. To this end, the new Space Station
is based on a modular concept and will be built in stages. However, the
new design draws heavily on the previous Space Station
Freedom investment by incorporating most of its hardware and systems.
Also, ways are being studied to increase the Russian participation in
the Space Station.
The United States and Russia signed a Space Cooperation Agreement
that called for a Russian cosmonaut to participate in a U.S. Space
Shuttle mission and for the Space Shuttle to make at least one
rendezvous with the Mir. On September 2, 1993, Vice President Albert
Gore, Jr., and Russian Prime Minister Victor Chernomyrdin signed a
series of joint statements on cooperation in space, environmental
observations/space science, commercial space launches, missile export
controls, and aeronautical science.
In aeronautics, efforts included the development of new technologies
to improve performance, reduce costs, increase safety, and reduce
engine noise. For example, engineers have been working to produce a new
generation of environmentally compatible, economic aircraft that will
lay the technological foundation for a next generation of aircraft that
are superior to the products of other nations. Progress also contin-
[[Page 813]]
ued on programs to increase airport capacity while at the same time
improving flight safety.
In the Earth sciences, a variety of programs across several agencies
sought better understanding of global change and enhancement of the
environment. While scientists discovered in late 1992 and early 1993,
for instance, that global levels of protective ozone reached the lowest
concentrations ever observed, they also could foresee an end to the
decline in the ozone layer. Reduced use of ozone-destroying
chlorofluorocarbons would allow ozone quantities to increase again
about the year 2000 and gradually return to ``normal.''
Thus, fiscal year 1993 was a successful one for the U.S. aeronautics
and space programs. Efforts in both areas have contributed to advancing
the Nation's scientific and technical knowledge and furthering an
improved quality of life on Earth through greater knowledge, a more
competitive economy, and a healthier environment.
William J. Clinton.
The White House, May 10, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Science, Space, and
Technology.
Para. 46.14 message from the president--housing and urban development
The SPEAKER pro tempore, Mr. SCOTT, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
Pursuant to the requirements of 42 U.S.C. 3536, I transmit herewith
the 28th Annual Report of the Department of Housing and Urban
Development, which covers calendar year 1992.
William J. Clinton.
The White House, May 10, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Banking, Finance and Urban
Affairs.
Para. 46.15 senate bills referred
Bills of the Senate of the following titles were taken from the
Speaker's table and, under the rule, referred as follows:
S. 116. An Act for the relief of Fanie Phily Mateo Angeles;
to the Committee on the Judiciary.
S. 668. An Act to amend title IX of the Civil Rights Act of
1968 to increase the penalties for violating the fair housing
provisions of the Act, and for other purposes; to the
Committee on the Judiciary.
Para. 46.16 enrolled bill signed
Mr. ROSE, from the Committee on House Administration, reported that
that committee had examined and found truly enrolled a bill of the House
of the following title, which was thereupon signed by the Speaker:
H.R. 1727. An Act to establish a program of grants to
States for arson research, prevention, and control, and for
other purposes.
And then,
Para. 46.17 adjournment
On motion of Mr. BEREUTER, at 2 o'clock and 12 minutes p.m., the House
adjourned.
Para. 46.18 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and references to the proper calendar, as
follows:
Mr. De La GARZA: Committee on Agriculture. H.R. 2473. A
bill to designate certain National Forest lands in the State
of Montana as wilderness, to release other National Forest
lands in the State of Montana for multiple use management,
and for other purposes (Rept. No. 103-487, Pt. 2). Ordered to
be printed.
Mr. MILLER of California: Committee on Natural Resources,
H.R. 518. A bill to designate certain lands in the California
desert as wilderness, to establish the Death Valley and
Joshua Tree National Parks and the Mojave National Monument,
and for other purposes; with an amendment (Rept. No. 103-
498). Referred to the Committee of the Whole House on the
State of the Union.
Mr. DELLUMS: Committee on Armed Services. H.R. 4301. A bill
to authorize appropriations for fiscal year 1995 for military
activities of the Department of Defense, to prescribe
military personnel strengths for fiscal year 1995, and for
other purposes; with amendments (Rept. No. 103-499). Referred
to the Committee of the Whole House on the State of the
Union.
Para. 46.19 reported amendment sequentially referred
Under clause 5 of rule X the following action was taken by the
Speaker:
H.R. 2473. The amendment recommended by the Committee on
Natural Resources referred to the Committee on Merchant
Marine and Fisheries for a period ending not later than May
11, 1994, for consideration of such provisions of the
amendment as fall within the jurisdiction of that committee
pursuant to clause 1(m), rule X.
Para. 46.20 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. NADLER (for himself, Mr. Dellums, Ms. Velazques,
Mr. Owens, and Mr. Miller of California)
H.R. 4370. A bill to establish the AIDS Cure Project; to
the Committee on Energy and Commerce.
By Mr. HOYER (for himself, Mr. Studds, Mr. Young of
Alaska, Mr. Tauzin, Mr. Bateman, Mr. Hochbrueckner,
Mr. Saxton, Mr. Reed, Mr. Coble, Mr. Gilchrest, Mr.
Ackerman, and Ms. DeLauro):
H.R. 4371. A bill to amend the Internal Revenue Code of
1986 to permit tax-free sales of diesel fuel for use in
diesel-powered motorboats and to allow dyed diesel fuel to be
sold for such use, or so used, without penalty; to the
Committee on Ways and Means.
By Mr. PENNY (for himself, Ms. Margolies-Mezvinsky, Mr.
Meehan, and Mr. Levy):
H.R. 4372. A bill to amend title II of the Social Security
Act to provide for a phased-in 5-year increase in the age for
eligibility for OASDI benefits by the year 2013; to the
Committee on Ways and Means.
H.R. 4373. A bill to amend the Social Security Act to
provide for limitations on cost-of-living adjustments;
jointly, to the Committees on Ways and Means, Veterans'
Affairs, and Energy and Commerce.
By Mr. PENNY (for himself, Ms. Margolies-Mezvinsky, Ms.
Long, Ms. Lambert, Mr. Meehan, Mr. McMillan, Mr.
Murtha, and Mr. Barrett of Wisconsin):
H.R. 4374. A bill to amend the Social Security Act to
improve the information made available in Social Security
account statements and to provide for annual distribution of
such statements to beneficiaries; to the Committee on Ways
and Means.
By Mr. GEPHARDT (for himself, Mr. Richardson, Mr.
Torricelli, Mr. Levin, and Mr. Borski):
H.R. 4375. A bill to provide negotiating authority for a
trade agreement with Chile, but to apply fast-track
procedures only to such an agreement that contains certain
provisions relating to worker rights and the environment;
jointly, to the Committees on Ways and Means and Rules.
By Ms. NORTON:
H.R. 4376. A bill to amend the Internal Revenue Code of
1986 to increase the taxes on certain alcoholic beverages and
to provide additional funds for mental health and substance
abuse benefits under health care reform legislation; jointly,
to the Committees on Ways and Means and Energy and Commerce.
By Mr. CLINGER (for himself, Mr. Hughes, Mr. McHugh,
Mr. Minge, Mr. Parker, and Mr. Oberstar):
H.R. 4377. A bill to amend the Internal Revenue Code of
1986, the Public Health Service Act, and certain other acts
to provide for an increase in the number of health
professionals serving in rural areas; jointly, to the
Committees on Energy and Commerce, Ways and Means, and
Education and Labor.
By Mr. CLINGER (for himself, Mr. McHugh, Mr. Minge, Mr.
Parker, and Mr. Oberstar):
H.R. 4378. A bill to amend the Social Security Act to
require the Secretary of Health and Human Services to
equalize the labor and non-labor portions of the standardized
amounts used to determine the amount of payment made to rural
and urban hospitals under part A of the Medicare Program for
the operating costs of inpatient hospital services, to amend
the Public Health Service Act to improve the capacity of
rural hospitals to provide health services, and for other
purposes; jointly, to the Committees on Ways and Means,
Energy and Commerce, the Judiciary, and Government
Operations.
By Mr. de la GARZA (for himself, Mr. Roberts, Mr.
Johnson of South Dakota, Mr. Combest, Mr. Penny, and
Mr. Allard):
H.R. 4379. A bill to amend the Farm Credit Act of 1971 to
enhance the ability of the banks for cooperatives to finance
agricultural exports, and for other purposes; to the
Committee on Agriculture.
By Mr. de LUGO:
H.R. 4380. A bill to amend the Harmonized Tariff Schedule
of the United States to extend certain provisions relating to
verification of wages and issuance of duty refund
certifications to insular producers in the U.S. Virgin
Islands, Guam, and American Samoa; to the Committee on Ways
and Means.
By Mr. HUTTO:
H.R. 4381. A bill to require the Secretary of the Treasury
to mint coins in commemoration of the 50th anniversary of the
U.S. Navy Blue Angels; to the Committee on Banking, Finance
and Urban Affairs.
By Mrs. JOHNSON of Connecticut (for herself, Mr. Frank
of Massachusetts, and Mr. Gejdenson):
H.R. 4382. A bill to amend the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 [Superfund]
to
[[Page 814]]
provide for the cleanup of municipal waste landfill Superfund
sites, and for other purposes; jointly, to the Committees on
Energy and Commerce and Public Works and Transportation.
By Mr. MANTON:
H.R. 4383. A bill to authorize the Secretary of
Transportation to convey the vessel SS American Victory to
the Battle of the Atlantic Historical Society for use as a
Merchant Marine memorial, for historical preservation, and
for educational activities; to the Committee on Merchant
Marine and Fisheries.
By Mr. COBLE (for himself and Mr. Flake):
H.J. Res. 365. Joint resolution to designate August 16,
1994, as ``TV Nation Day''; to the Committee on Post Office
and Civil Service.
Para. 46.21 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
364. By the SPEAKER: Memorial of the House of
Representatives of the State of Alabama, relative to urging
the U.S. Congress to cease appropriating funds for any
military activity not authorized by Congress; to the
Committee on Foreign Affairs.
365. Also, memorial of the Legislature of the State of
Alaska, relative to reauthorization of the Magnuson Fishery
Conservation and Management Act; to the Committee on Merchant
Marine and Fisheries.
Para. 46.22 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 71: Mr. Pastor, Mr. King, Mr. Moorhead, and Mr. Hyde.
H.R. 799: Ms. Dunn.
H.R. 1910: Mr. Livingston and Mr. Cooper.
H.R. 2420: Mr. Peterson of Minnesota, Mr. Visclosky, and
Mrs. Morella.
H.R. 2444: Mr. Sam Johnson, Mr. Smith of Texas, Mr. Horn,
Mr. Thomas of Wyoming, Mr. Zimmer, Mr. Camp, Mr. Taylor of
North Carolina, Mr. Bereuter, Mr. Armey, Mr. McCollum, Mr.
McHugh, Mrs. Fowler, Mr. Roth, and Mr. Hefley.
H.R. 3017: Mr. Schiff, Mr. DeFazio, and Mr. Baker of
California.
H.R. 3064: Mr. Walker, Mr. Santorum, and Mr. Holden.
H.R. 3486: Mr. McInnis, Mr. Johnson of South Dakota, Mr.
Hutto, Mr. Rowland, Mr. Stearns, and Mr. Payne of Virginia.
H.R. 3790: Mr. Hefley.
H.R. 4040: Mr. Ackerman, Mr. Swett, Mr. Mazzoli, Mr.
LaFalce, Mr. Richardson, Mr. DeFazio, Ms. Lowey, Mr. Serrano,
Mr. Stark, Mr. Manton, and Ms. Pelosi.
H.R. 4100: Mr. Beilenson.
H.R. 4223: Mr. Armey.
H.J. Res. 209: Mr. Houghton, Mr. Kennedy, Mr. McHugh, Mr.
Duncan, Mr. Baker of California, Mr. Price of North Carolina,
Mr. Hastings, and Mrs. Clayton.
H.J. Res. 327: Mr. Bliley, Mr. Volkmer, Mr. Moorhead, and
Mr. Gillmor.
H. Con. Res. 148: Mr. Oxley, Mr. Knollenberg, Mr. Mica, and
Mr. Royce.
H. Res. 234: Ms. Long, Mr. Visclosky, and Mr. Strickland.
.
WEDNESDAY, MAY 11, 1994 (47)
The House was called to order by the SPEAKER.
Para. 47.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Tuesday, May 10, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 47.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3152. A letter from the Director, Federal Emergency
Management Agency, transmitting a draft of proposed
legislation to authorize appropriations for Federal civil
defense programs for fiscal year 1995, pursuant to 31 U.S.C.
1110; to the Committee on Armed Services.
3153. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-239, ``Full
Funding of Pension Liability Retirement Reform Amendment Act
of 1994,'' pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on the District of Columbia.
3154. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-238,
``Omnibus Criminal Justice Reform Amendment Act of 1994,''
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on the District of Columbia.
3155. A letter from the Executive Director, District of
Columbia Retirement Board, transmitting financial disclosure
statements of Board members, pursuant to D.C. Code, sections
1-732, 1-734(a)(1)(A); to the Committee on the District of
Columbia.
3156. A letter from the Secretary of Education,
transmitting a report on the Comprehensive Child Development
Program, pursuant to 42 U.S.C. 9881; to the Committee on
Education and Labor.
3157. A letter from the Chairperson, National Institute for
Literacy, transmitting the first annual report of the
National Institute board for fiscal year 1993, pursuant to
Public Law 102-73, section 103 (105 Stat. 338); to the
Committee on Education and Labor.
3158. A letter from the Secretary of Energy, transmitting a
report concerning the costs and benefits of industrial
reporting and voluntary targets for energy efficiency; to the
Committee on Energy and Commerce.
3159. A letter from the Director, Office of Management and
Budget, transmitting OMB estimate of the amount of change in
outlays or receipts, as the case may be, in each fiscal year
through fiscal year 1999 resulting from passage of S. 2004,
pursuant to Public Law 101-508, Sec. 13101(a) (104 Stat.
1388-582); to the Committee on Government Operations.
3160. A letter from the Director, Office of Management and
Budget, transmitting OMB estimate of the amount of change in
outlays or receipts, as the case may be, in each fiscal year
through fiscal year 1999 resulting from passage of H.R. 2884
and S. 375, pursuant to Public Law 101-508, section 13101(a)
(104 Stat. 1388-582); to the Committee on Government
Operations.
3161. A letter from the Financial Officer, Department of
Agriculture, transmitting the annual management report for
the Commodity Credit Corporation, pursuant to Public Law 101-
576, section 306(a) (104 Stat. 2854); to the Committee on
Government Operations.
3162. A letter from the Director, Office of Personnel
Management, transmitting the annual report of the Civil
Service Retirement and Disability Fund for fiscal year 1993,
pursuant to 31 U.S.C. 9503(a)(1)(B) and 5 U.S.C. 1308(a); to
the Committee on Government Operations.
3163. A letter from the Director, Financial Services,
Library of Congress, transmitting activities of the U.S.
Capitol Preservation Commission Fund for the 6-month period
which ended on March 31, 1994, pursuant to Public Law 100-
696, section 804 (102 Stat. 4610); to the Committee on House
Administration.
3164. A letter from the Executive Director, American
Chemical Society, transmitting the Society's annual report
for the calendar year 1993, pursuant to 36 U.S.C. 1101(2),
1103; to the Committee on the Judiciary.
3165. A letter from the Executive Director for Government
Affairs, Retired Enlisted Association, transmitting the
association's financial report for the period ending December
31, 1993; to the Committee on the Judiciary.
3166. A letter from the Director, Federal Emergency
Management Agency, transmitting a draft of proposed
legislation to authorize appropriations for activities under
the Federal Fire Prevention and Control Act of 1974, and for
other purposes, pursuant to 31 U.S.C. 1110; to the Committee
on Science, Space, and Technology.
3167. A letter from the Deputy Secretary of Defense,
transmitting a list of selected sites for the consolidation
and reform of DOD finance and accounting activities; jointly,
to the Committees on Government Operations and Armed
Services.
3168. A letter from the Chairman, Physician Payment Review
Commission, transmitting the Commission's 1994 annual report,
pursuant to 42 U.S.C. 1395w-1(c)(1)(D); jointly, to the
Committees on Ways and Means and Energy and Commerce.
3169. A letter from the Secretary of Health and Human
Services, transmitting a draft of proposed legislation
entitled, ``Substance Abuse and Mental Health Services
Amendments of 1994''; jointly, to the Committees on Energy
and Commerce, the Judiciary, and the District of Columbia.
3170. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a report to
Congress on U.S. Government efforts to combat terrorism;
jointly, to the Committees on the Judiciary, and Foreign
Affairs, and the Permanent Select Committee on Intelligence.
3171. A letter from the Assistant Secretary of the Navy,
transmitting a draft of proposed legislation entitled,
``Water Resources Development Act of 1994''; jointly, to the
Committees on Public Works and Transportation; Natural
Resources; Energy and Commerce; Merchant Marine and
Fisheries; Science, Space, and Technology; Foreign Affairs;
Small Business; the Judiciary; and Government Operations.
Para. 47.3 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. McCathran, one of his secretaries.
Para. 47.4 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed a bill of the following title, in which the
concurrence of the House is requested:
S. 2100. An Act to provide for rural development, multiple-
use management, expenditures under the Knutson-Vandenberg Act
of 1930, and ecosystem-based management of certain forest
lands, and for other purposes.
Para. 47.5 submission of conference report--h.r. 965
Mrs. COLLINS of Illinois submitted a conference report (Rept. No. 103-
500) on the bill (H.R. 965) to provide for toy safety, and for other
purposes; together with a statement thereon, for printing in the Record
under the rule.
[[Page 815]]
Para. 47.6 message from the president--federal council on aging
The SPEAKER pro tempore, Mrs. SCHROEDER, laid before the House a
message from the President, which was read as follows:
To the Congress of the United States:
In accordance with section 204(f) of the Older Americans Act of 1965,
as amended (42 U.S.C. 3015(f)), I hereby transmit the Annual Report for
1993 of the Federal Council on the Aging. The report reflects the
Council's views in its role of examining programs serving older
Americans.
William J. Clinton.
The White House, May 11, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Education and Labor.
Para. 47.7 economic development authorization
The SPEAKER pro tempore, Mrs. SCHROEDER, pursuant to House Resolution
420 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the consideration of the
bill (H.R. 2442) to reauthorize appropriations under the Public Works
and Economic Development Act of 1965, as amended, to revise
administrative provisions of the Act to improve the authority of the
Secretary of Commerce to administer grant programs, and for other
purposes.
The SPEAKER pro tempore, Mrs. SCHROEDER, by unanimous consent,
designated Mr. TORRES as Chairman of the Committee of the Whole; and
after some time spent therein,
Para. 47.8 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. KANJORSKI:
At the end of the bill add the following new title:
TITLE III--BUSINESS DEVELOPMENT ASSISTANCE
SEC. 301. SHORT TITLE.
This title may be cited as the ``Economic Growth and
Technology Commercialization Act of 1994''.
SEC. 302. FINDINGS, PURPOSES, AND DEFINITIONS.
(a) Findings.--The Congress hereby finds the following:
(1) Through its support and funding of research and
development in this Nation's Federal agencies, laboratories,
and educational institutions, the Federal Government has
fostered the creation of thousands of technologies,
processes, and other proprietary rights owned, or held in
whole or part, by the Federal Government.
(2) If commercialized, these technologies, processes, and
other proprietary rights owned, or held in whole or part, by
the Federal Government hold the potential to be a significant
tool to foster economic growth and to create significant
numbers of new jobs at good wages for American workers.
(3) Throughout the Federal Government, there is no single
inventory or source of information on technologies,
processes, and other proprietary rights owned, or held in
whole or part, by the Federal Government.
(4) Information on technologies, processes, and other
proprietary rights owned, or held in whole or part, by the
Federal Government is not standardized in form or content, is
separately maintained by numerous Federal agencies and
departments, and is not easily accessible by the public.
(5) Businesses and entrepreneurs in areas in need of
economic growth and revitalization are largely unaware of the
existence of these technologies, processes, and other
proprietary rights and largely unaware of the possibilities
for obtaining the rights to these technologies, processes,
and other proprietary rights for the purpose of
commercialization.
(6) It is in the economic interest of the United States to
facilitate the private sector commercialization of
technologies, processes, and other proprietary rights by
United States businesses located in areas in need of economic
growth and revitalization.
(7) Greater effectiveness may be achieved through the
utilization of the private sector corporate structure and
profit incentives in facilitating the commercialization of
technologies, processes, and other proprietary rights than
can reasonably be expected by the Federal Government
performing this function.
(b) Purposes.--The purposes of this title are as follows:
(1) To provide assistance to private-sector United States
businesses, located in areas in need of economic
stabilization and revitalization, to commercialize
technologies, processes, and other proprietary rights owned,
or held in whole or part, by the Federal Government.
(2) To create new employment opportunities by facilitating
the commercialization of technologies, processes, and other
proprietary rights by United States businesses and
entrepreneurs in areas in need of economic growth and
revitalization.
(3) To develop a single, comprehensive data base of
information on technologies, processes, and other proprietary
rights owned, or held in whole or part, by the Federal
Government, which is standardized and easily accessible.
(4) To heighten the awareness of United States businesses
and entrepreneurs of the availability for commercialization
of technologies, processes, and other proprietary rights
owned, or held in whole or part, by the Federal Government.
(c) Definitions.--For purposes of this title, the following
definitions shall apply:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(2) Corporation.--The term ``Corporation'' means the
Business Development and Technology Commercialization
Corporation established under this title.
(3) Board.--The term ``Board'' means the Board of Directors
of the Business Development and Technology Commercialization
Corporation.
(4) Qualified Concern.--The term ``qualified concern''
means a United States-based consortium, a private United
States business, or an educational institution participating
in a joint project with 1 or more private United States
businesses, for the development and commercialization of
technologies, processes, and other proprietary rights--
(A) owned or held in whole or part by Federal departments,
agencies, or government-controlled corporations;
(B) developed in Federal laboratories;
(C) arising in the course of federally funded research at
educational institutions, other units of government, or with
private concerns; or
(D) which are made available to the Federal Government by
private concerns.
SEC. 303. CONSOLIDATION OF INFORMATION ON TECHNOLOGIES.
(a) Establishment of Data.--The Secretary shall establish
and maintain an integrated, comprehensive data base
describing all technologies, processes, and other proprietary
rights owned, or held in whole or part, by the Federal
Government, or which originated in the course of federally
funded research in which the Federal Government has an
interest.
(b) Standardization and Accessibility of Information.--The
Secretary shall take such steps as are necessary to ensure
that the information contained in the data base established
under subsection (a) is in a standardized form, is accessible
and usable in a manner as simple and easy to use as possible,
recognizing the needs of small and medium-sized businesses.
(c) Responsibilities.--In carrying out this section, the
Secretary shall--
(1) consult with and, to the extent practicable, utilize
the capabilities of other executive agencies, as appropriate,
to ensure the efficient and effective implementation of this
section; and
(2) explore, with other executive agencies, ways to avoid
duplication of effort by consolidating the administration of
the program established by this section with any other
similar Federal program, and as part of such consolidation
may delegate administrative functions, as necessary and
appropriate, to another executive agency.
(d) Other Federal Agencies.--Other executive agencies shall
provide such information, and in such form, as determined by
the Secretary and shall cooperate with the Secretary in
carrying out this section.
(e) Access to the Data Base.--
(1) Access to the data base by the corporation.--Except as
provided in paragraph (3), the Secretary shall provide
unlimited access to the data base established under this
section to the Business Development and Technology
Commercialization Corporation established under this part,
without fee, to assist the Corporation in meeting its
responsibilities under this part.
(2) Access to the data base by the public.--Except as
provided in paragraph (3), the Secretary shall, by
regulation, develop and implement procedures providing for
access to the data base established under this section to
members of the general public.
(3) Restrictions.--If, in consultation with the heads of
other executive agencies, the Secretary determines that
access by the Corporation or any other person to information
contained in the data base established under this section
would--
(A) threaten national security;
(B) violate the proprietary rights of any private interest;
or
(C) be otherwise inappropriate,
the Secretary shall take such steps as the Secretary may
determine to be appropriate to limit access to the
information in the data base described in subparagraph (A),
(B), or (C) to the Corporation or any other person.
(f) GAO Review of Current Federal Technology Utilization
and Commercialization Efforts.--
(1) In general.--The Comptroller General of the United
States shall conduct a review of all technology utilization
and commercialization activities within all Federal
departments, agencies, and laboratories, or which are
otherwise supported by Federal funds. This review shall
identify those activities which may overlap or duplicate the
technology utilization and commercialization activities
provided for under this title.
(2) Reports.--Before the end of the 1-year period beginning
on the date of the enactment of this Act, the Comptroller
General
[[Page 816]]
shall issue a report to the Congress describing in detail--
(A) the findings of the review directed under paragraph
(1),
(B) the funding levels of each existing Federal technology
utilization and commercialization activities, and
(C) recommendations for the modification or elimination of
any existing Federal technology utilization and
commercialization activities which the Comptroller General
finds to be duplicative of the activities provided for under
this title.
SEC. 304. BUSINESS DEVELOPMENT AND TECHNOLOGY
COMMERCIALIZATION CORPORATION.
(a) Assessment of Technology Utilization and
Commercialization Programs of the Federal Government.--
(1) In general.--The Director of the Office of Science and
Technology Policy in the Executive Office of the President
shall--
(A) assess the performance of technology utilization and
commercialization programs of the Federal Government as of
the date of the enactment of this Act;
(B) evaluate the advantages and disadvantages of a
centralized as opposed to a decentralized approach to
technology utilization and commercialization; and
(C) develop recommendations on ways to improve the
technology utilization and commercialization efforts of the
Federal Government.
(2) Report.--The Director of the Office of Science and
Technology Policy shall submit a report containing the
findings, conclusions, and recommendations of the Director
pursuant to paragraph (1) to the President, the Committee on
Banking, Finance and Urban Affairs and the Committee on
Science, Space, and Technology of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate.
(3) Consultation.--In carrying out the duties of the
Director under paragraph (1), the Director shall consult with
interested agencies and department of the Federal Government.
(b) Improved Integration of Technology Commercialization
Programs and Federal Programs to Assist Economically
Distressed Communities.--
(1) In general.--The Secretary shall identify ways to
promote more effective integration of Federal policies and
programs relating to technology utilization and
commercialization with Federal policies and programs for
assisting economically distressed communities establish
stable and diversified local economies.
(2) Report.--The Secretary shall submit a report containing
any findings, conclusions, and recommendations of the
Secretary pursuant to paragraph (1) to the President, the
Committee on Banking, Finance and Urban Affairs and the
Committee on Science, Space, and Technology of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate.
(c) Establishment of Corporation.--
(1) In General.--Not later than the earlier of--
(A) the end of the 12-month period beginning on the date of
the enactment of this Act; or
(B) the end of the 30-day period beginning on the date the
report of the Director of the Office of Science and
Technology Policy is submitted to the President pursuant to
subsection (a)(2),
the President shall provide for the establishment of a
corporation to be known as the ``Business Development and
Technology Commercialization Corporation'' (hereafter in this
title referred to as the ``Corporation''), unless the
President, after consideration of such report, makes a
finding that the establishment of the Corporation would
impair the operation of the Federal policies and programs
relating to technology utilization and commercialization.
(2) Report to congress.--If the President makes a finding
described in paragraph (1) with respect to the establishment
of the Corporation, the President shall transmit a report
describing the basis for the finding to the Committee on
Banking, Finance and Urban Affairs and the Committee on
Science, Space, and Technology of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate.
(3) Purpose.--The Corporation shall be operated for the
purpose of fostering economic growth, assisting in the
creation of new employment opportunities, and strengthening
the industrial base of the United States by facilitating the
utilization and commercialization of technologies, processes,
and other proprietary rights--
(A) owned or held in whole or part by Federal departments,
agencies, or government-controlled corporations;
(B) developed in Federal laboratories;
(C) arising in the course of federally funded research at
educational institutions, other units of government, or with
private concerns; and
(D) which are made available by private concerns.
(4) Corporation not an establishment of the united
states.--The Corporation shall not be an agency or
establishment of the United States.
(d) Process of Organization.--
(1) Incorporation.--
(A) In general.--The Secretary, the Secretary of Labor, and
the Administrator of the Small Business Administration
shall--
(i) provide for the establishment of the Corporation under
the business corporation laws of such State as the President
determines to be appropriate; and
(ii) serve as the incorporators of the Corporation and as
the initial members of the board of directors of the
Corporation until their successors are elected and qualified.
(B) Necessary action authorized.--The incorporators
referred to in subparagraph (A) shall take such other actions
as may be necessary to establish the Corporation.
(C) Review of proposed organization of corporation.--The
President shall request the National Academy of Public
Administration to--
(i) review the proposed organization of the Corporation to
ensure that the organization plan conforms with sound
principles of administration; and
(ii) submit a report to the President in a timely manner
with the Academy's such findings, conclusions, and
recommendations the Academy may determine to be appropriate.
(2) Privatization of the corporation.--
(A) In general.--Following the establishment of the
Corporation, the Corporation shall be converted to private
ownership and management in such form and manner as the
President determines to be appropriate, after consulting with
the Committee on Banking, Finance and Urban Affairs and the
Committee on Science, Space, and Technology of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate.
(B) Solicitation of proposals for conversion.--The
President shall solicit proposals for the conversion of the
Corporation to private ownership and management.
(3) Selection criteria and procedures.--
(A) In general.--The President, in consultation with the
Secretary, shall make the final selection of a proposal for
the conversion of the Corporation to private ownership and
management.
(B) Criteria for selecting a proposal to recommend to the
president.--In selecting a proposal to recommend to the
President for the conversion of the Corporation, as described
in subparagraph (A), the Secretary shall take into
consideration the following factors--
(i) the quality of the operational plan;
(ii) the soundness of the financing of the organization and
of the operational plan;
(iii) the qualifications of, and the diversity of talents
and skills represented by, the submitters of the proposal,
including the extent to which a combination of organizations
is submitting a joint proposal;
(iv) whether a State government, or unit of a State
government, is participating financially with the
organization submitting a proposal;
(v) the intentions of the submitters of the proposal to
locate the headquarters of the Corporation in an area which
is not located in the 50 largest Metropolitan Statistical
Areas, based on the 1990 Census; and
(vi) such other factors as the incorporators determine to
be appropriate in meeting the purposes of this title.
(C) Procedures for selecting a proposal to recommend to the
president.--In selecting a proposal to recommend to the
President for the for the conversion of the Corporation, as
described in subparagraph (A), the Secretary shall ensure
that in the selection process--
(i) not less than 3 proposals are identified as proposals
to receive further consideration, as provided in clauses (ii)
and (iii), except that, if fewer than 3 proposals are
received, each of them shall receive further consideration;
(ii) a review procedure is implemented under which the
sponsors of the proposals identified in clause (i) are
provided an opportunity to make personal presentations of
their proposals to the Secretary or the Secretary's designee;
and
(iii) individual negotiations for the revision of proposals
identified in clause (i) may be entered into.
(4) Warrants for participation in gains.--The President
may, in connection with any contract or agreement for
converting the Corporation to private ownership and
contingent on the financial success of the Corporation,
retain the right to participate in the financial gains of the
Corporation in such amounts as the President may determine to
be appropriate, after consulting with the Committee on
Banking, Finance and Urban Affairs and the Committee on
Science, Space, and Technology of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate.
(e) Prohibition on Conflicts of Interest.--
(1) In general.--An officer or employee of the Corporation
may not participate in a matter regarding an application,
claim, or other matter pending before the Corporation if, to
such person's knowledge, the person, the person's spouse,
minor child, parent, sibling, or partner, or an organization,
other than the Corporation, in which the person is serving as
an officer, director, trustee, partner, or employee, or any
person with whom the person is negotiating or has any
arrangement concerning perspective employment, has a
financial interest in the matter.
(2) Consequence of violation.--An officer or employee who
violates this subsection shall be subject to termination, but
such a violation shall not impair, nullify, or otherwise
affect the validity of any otherwise lawful action by the
Corporation in which such officer or employee participated.
[[Page 817]]
(f) General Powers.--In addition to the usual powers
conferred upon a corporation under the business corporation
laws of the State in which the Corporation is incorporated,
the Corporation shall have such other incidental powers not
inconsistent with this section that are necessary or
appropriate to carry out the purposes and functions of the
Corporation.
(g) Promotion of Technologies.--
(1) Marketing of technologies.--The Corporation shall
undertake an aggressive, multifaceted outreach program to
increase awareness of the availability of technologies,
processes, and other proprietary rights to qualified concerns
under this title. This program shall emphasize the use of new
information technologies, including the utilization of cable
television and the modern electronic media, and the data base
established under this title.
(2) Utilization of cable television.--
(A) In general.--In implementing the outreach program
provided under paragraph (1), the Corporation shall enter
into negotiations for the utilization of cable television for
marketing efforts for the commercialization of technologies,
processes, and other proprietary rights--
(i) owned or held in whole or part by Federal departments,
agencies, or government controlled corporations,
(ii) developed in Federal laboratories,
(iii) arising in the course of federally funded research at
educational institutions, other units of government or with
private concerns; and
(iv) which are otherwise made available to the government
by private concerns.
(B) Promotional fees.--Under terms negotiated between the
Secretary and the Corporation, the Secretary is authorized to
make payments to the Corporation for promotional fees for the
production of segments for broadcast over cable television,
or other appropriate media, which identify--
(i) the technologies described in paragraph (A);
(ii) their potential commercial applications; and
(iii) methods available for obtaining additional
information on the technologies.
(3) Technical assistance.--The Corporation shall, upon
request, provide technical assistance and services, as
appropriate and needed, to qualified concerns under this
title.
(4) Outreach to specific areas and small businesses.--The
Corporation shall seek to ensure that qualified concerns and
small businesses located in areas determined by the Secretary
to have a depressed economy or chronically high unemployment
are notified of the availability of assistance through the
program established under this section and, to the extent
practicable, to encourage and facilitate the participation of
such qualified concerns and small businesses in such program.
(h) Authority to Represent the Government.--
(1) In general.--In accordance with regulations prescribed
by the Secretary, the Corporation shall act as an agent, and
represent the interests, of the Federal Government in
facilitating the utilization of technologies, processes, and
other proprietary rights by qualified concerns under this
title.
(2) Rights of qualified concerns.--In accordance with
regulations promulgated by the Secretary, the Corporation may
convey, to qualified concerns, under terms and conditions to
be negotiated between the Corporations and qualified
concerns, such rights which may be necessary and appropriate
to facilitate the utilization and commercialization of
technologies, processes, and other proprietary rights as
provided under this title.
(3) Minimum rights of the federal government.--In the
conveyance of rights to qualified concerns as provided for
under paragraph (2), the Corporation shall ensure the
following:
(A) The conveyance agreement contains language providing
for the right of the Corporation to revoke the rights
provided under paragraph (2) if--
(i) the qualified concern does not demonstrate that it is
undertaking a good faith effort to achieve the utilization
and commercialization of the technology, process, or other
proprietary right; or
(ii) the Secretary certifies that the interests of national
security or the general welfare of the American people
necessitates the revocation of such rights.
(B) The Federal Government retains a license to such
technologies, processes, and other proprietary rights for the
Government's own use.
(C) The Federal Government receives in compensation for the
conveyance of such rights--
(i) royalties;
(ii) the right to share in the earnings of the qualified
entity proportionate to the value of the rights so conveyed;
or
(iii) a sum of money or other compensation that the
Corporation determines to be appropriate.
(4) Agent's fees.--Under such terms as the Secretary and
the Corporation may negotiate, after consulting with the
Committee on Banking, Finance and Urban Affairs and the
Committee on Science, Space, and Technology of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate, the Corporation may retain a
percentage of any royalties or other compensation accruing to
the Federal Government in connection with any licensing
agreement entered into by the Corporation on behalf of the
Federal Government.
(i) Consultation With Federal Agencies, and With Private
Parties.--
(1) Consultation with federal agencies.--In carrying out
this title, the Board and the Corporation shall consult
frequently with the Secretary, and such Federal agencies and
departments as is appropriate, to ensure coordination and the
maximum utilization of all related Federal resources to
promote technology utilization and commercialization.
(2) Consultation with private parties.--In carrying out
this title, the Board and the Corporation shall solicit
comments from private parties, including representatives of
finance, industry, and organized labor on the role of the
Corporation and the needs of private parties.
(j) Audit by Comptroller General.--The Comptroller General
of the United States may audit the financial transactions of
the Corporation. For the purposes of carrying out such an
audit, the Comptroller General shall have access to all
books, records, and property belonging to, or in the
possession of, the Corporation. In the case of a person or
entity which has entered into a financial relationship with
the Corporation, the Comptroller General shall have access
only to those books, records, and property belonging to, or
in the possession of, the person or entity which pertain to
the Corporation and which are necessary to carry out the
audit. The Comptroller General shall make a report of each
such audit to the Congress and the President.
(k) Information and Other Assistance From Federal
Agencies.--Upon the request of the Corporation, the head of a
Federal department or agency is authorized to--
(1) furnish to the Corporation such information which is
available to the agency as the Board deems necessary for
carrying out its functions; and
(2) detail for temporary duty, on a reimbursable basis,
such personnel as the Corporations determines to be necessary
to carry out its functions.
(l) Miscellaneous Provisions.--
(1) Jurisdiction.--
(A) In general.--Whenever the Corporation is a party to any
civil action under this title, such action shall be deemed to
arise under the laws of the United States. No attachment or
execution may be issued against the Corporation, or any
property thereof, prior to entry of final judgment.
(B) Citizenship of corporation.--The Corporation shall be
deemed to be a citizen of the District of Columbia for the
purpose of determining the original jurisdiction of the
district courts of the United States in civil actions to
which the Corporation is a party.
(2) Business activity and qualification.--The Corporation
shall be deemed to be qualified to do business in each State
in which it performs any activity authorized under this
title.
(m) Utilization of Corporation.--It is the sense of the
Congress that all Federal departments, agencies, institutions
of higher education, and laboratories, and all institutions
of higher education and laboratories which are otherwise
supported by Federal funds, should use the services of the
Corporation to the maximum extent possible.
SEC. 305. ASSISTANCE TO BUSINESSES IN SECURING FINANCING.
(a) Information Clearinghouse.--The Corporation established
under this title shall act as a one-stop clearinghouse for
information to assist qualified concerns identify sources of
business development and technology commercialization
financing available through the Federal Government as well as
through applicable State and local government programs and
through private sources.
(b) Agent of the Federal Government.--The Corporation may
act as an agent of the Federal Government for purposes of
accepting applications for financial assistance and their
submission to the appropriate Federal agency on behalf of a
qualified concern.
(c) Technical Assistance for Lenders and Borrowers.--The
Corporation shall, upon request, provide technical assistance
and services, as appropriate and needed, to lenders and
borrowers under this title, and shall ensure that such
lenders and borrowers have ready access to appropriate
assistance in order to aid such lenders and borrowers in
achieving the purposes of this title.
SEC. 306. SAVINGS PROVISION.
It is the intent of the Congress that this title shall be
construed as complementing any other provision of Federal law
relating to the licensing, utilization, or commercialization
of the use of technology and shall not be construed as
superseding any such provision, except as otherwise provided
in this title.
SEC. 307. RULE OF CONSTRUCTION.
Nothing in this Act or this title shall be construed by the
President, the Secretary of Commerce, the Corporation, any
Federal agency or department, or any court to affect, alter,
amend, modify, or change, or apply to, any program or
activity (or any technology developed, derived, or provided
through or under such program or activity by any means of any
kind) of the Department of Energy, the Department of
Transportation, the Department of Health and Human Services,
or the Environmental Protection Agency or any office, bureau,
commission, laboratory or facility of such agencies or
departments.
[[Page 818]]
It was decided in the
Yeas
270
<3-line {>
affirmative
Nays
135
Para. 47.9 [Roll No. 162]
AYES--270
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bishop
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (OH)
Bryant
Buyer
Byrne
Canady
Cantwell
Cardin
Carr
Chapman
Clay
Clement
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Derrick
Deutsch
Diaz-Balart
Dicks
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
English
Eshoo
Evans
Ewing
Faleomavaega (AS)
Farr
Fazio
Filner
Fingerhut
Fish
Foglietta
Ford (TN)
Franks (CT)
Franks (NJ)
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Herger
Hinchey
Hoagland
Hochbrueckner
Holden
Horn
Hoyer
Hughes
Hutto
Inslee
Jacobs
Johnson (GA)
Johnson (SD)
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (GA)
Lipinski
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDade
McDermott
McHale
McKinney
Meehan
Meek
Menendez
Mfume
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Petri
Pickett
Pomeroy
Porter
Poshard
Price (NC)
Quillen
Quinn
Rahall
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roemer
Romero-Barcelo (PR)
Rose
Roth
Roukema
Rowland
Roybal-Allard
Sabo
Sangmeister
Santorum
Sarpalius
Sawyer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Shays
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Snowe
Spratt
Stark
Stenholm
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Vento
Visclosky
Volkmer
Vucanovich
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wise
Woolsey
Wyden
Wynn
Yates
NOES--135
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Bartlett
Barton
Bateman
Bilirakis
Bliley
Boehner
Bonilla
Bunning
Burton
Callahan
Calvert
Camp
Castle
Clinger
Coble
Collins (GA)
Combest
Coppersmith
Cox
Crane
Crapo
Cunningham
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Emerson
Everett
Fawell
Fields (TX)
Fowler
Frank (MA)
Gallegly
Gallo
Gekas
Gilchrest
Gingrich
Goodlatte
Goodling
Goss
Grams
Hancock
Hansen
Hastert
Hefley
Hobson
Hoekstra
Hoke
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Lloyd
Manzullo
McCandless
McCollum
McCrery
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Nussle
Oxley
Packard
Paxon
Peterson (MN)
Pickle
Pombo
Portman
Pryce (OH)
Ramstad
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Royce
Saxton
Schaefer
Sensenbrenner
Shaw
Shuster
Skeen
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stump
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Thornton
Walker
Walsh
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--32
Barrett (NE)
Blackwell
Brown (FL)
Clayton
Clyburn
Cooper
Dellums
Dingell
Engel
Fields (LA)
Flake
Ford (MI)
Frost
Grandy
Hilliard
Houghton
Jefferson
Johnson, E. B.
McNulty
Miller (CA)
Owens
Ridge
Rostenkowski
Rush
Sanders
Sharp
Stokes
Thompson
Underwood (GU)
Velazquez
Washington
Wilson
So the amendment was agreed to.
After some further time,
Para. 47.10 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. GOSS:
TITLE II--APPALACHIAN REGIONAL COMMISSION
SEC. 201. ABOLISHMENT OF APPALACHIAN REGIONAL COMMISSION AND
ITS PROGRAMS.
(A) Abolishment of Appalachian Regional Commission.--The
Appalachian Regional Commission is hereby abolished.
(b) Repeal of Acts.--The Appalachian Regional Development
Act of 1965 (40 U.S.C. App. 1 et seq.) is repealed.
SEC. 202. CONCLUSION OF BUSINESS OF APPALACHIAN REGIONAL
COMMISSION.
(a) Authority of President to Conclude Business and Honor
Contracts.--The President shall provide for the conclusion of
any outstanding affairs of the Appalachian Regional
Commission, including matters affecting the disposition of
personnel. The President may take any action that (if this
title had not been enacted) would have been authorized as of
the effective date of this title under the Act repealed by
section 201(b) and is necessary or appropriate to administer
and fulfill the terms of any grant, contract, loan, or other
obligation made by the Appalachian Regional Commission
pursuant to the Act repealed by section 201(b).
(b) Effect of Abolishment on Expenditure of Funds Already
Received.--Section 201 may not be construed to prevent the
expenditure of any funds received from a grant or loan under
the Act repealed by section 201(b). Any grant or loan made
under such Act before the effective date of this title shall
be subject to any laws and regulations that would have
applied to the grant or loan if this title had not been
enacted.
SEC. 203. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this title.
SEC. 204. EFFECTIVE DATE.
This title shall take effect on the 1st day of the 1st
fiscal year that begins after the date of the enactment of
this Act.
Conform the table of contents accordingly.
It was decided in the
Yeas
143
<3-line {>
negative
Nays
261
Para. 47.11 [Roll No. 163]
AYES--143
Allard
Archer
Armey
Baker (CA)
Baker (LA)
Ballenger
Barton
Bereuter
Bilirakis
Boehner
Bonilla
Burton
Buyer
Calvert
Camp
Canady
Castle
Coble
Collins (GA)
Combest
Condit
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Gallegly
Gilchrest
Gingrich
Goodling
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Harman
Hastert
Hefley
Herger
Hoekstra
Hoke
Horn
Huffington
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klein
Klug
Knollenberg
Kolbe
Kyl
Lazio
Levy
Lewis (CA)
Linder
Livingston
Machtley
Mann
Manzullo
Margolies-Mezvinsky
McCandless
McCollum
McCrery
McCurdy
McHugh
McInnis
McKeon
McMillan
Meehan
Meyers
Mica
Michel
Miller (FL)
Minge
Moorhead
Nussle
Oxley
Paxon
Penny
Peterson (MN)
Petri
Pombo
Porter
Pryce (OH)
Ramstad
Ravenel
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Saxton
Schaefer
Schenk
Sensenbrenner
Shaw
Shays
Slattery
Smith (MI)
Smith (TX)
Solomon
Stearns
Stenholm
Stump
Swett
Talent
Tauzin
Thomas (CA)
Thomas (WY)
Thurman
Torkildsen
Upton
Walker
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--261
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Bachus (AL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Bartlett
Bateman
Becerra
Beilenson
Bentley
Bevill
Bilbray
Bishop
Bliley
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (OH)
Bryant
Bunning
Byrne
Callahan
Cantwell
Cardin
Carr
Chapman
Clay
Clement
Clinger
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
[[Page 819]]
Derrick
Deutsch
Dicks
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Emerson
Eshoo
Evans
Everett
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (NJ)
Furse
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gillmor
Gilman
Glickman
Gonzalez
Goodlatte
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Hastings
Hayes
Hefner
Hinchey
Hoagland
Hobson
Hochbrueckner
Holden
Hoyer
Hughes
Hunter
Hutto
Inslee
Jacobs
Johnson (GA)
Johnson (SD)
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Leach
Lehman
Levin
Lewis (GA)
Lightfoot
Lipinski
Lloyd
Long
Lowey
Maloney
Manton
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDade
McDermott
McHale
McKinney
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Packard
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pickle
Pomeroy
Portman
Poshard
Price (NC)
Quillen
Quinn
Rahall
Rangel
Reed
Regula
Reynolds
Richardson
Roemer
Rogers
Romero-Barcelo (PR)
Rose
Rowland
Roybal-Allard
Sabo
Sangmeister
Santorum
Sarpalius
Sawyer
Schiff
Schroeder
Scott
Serrano
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Smith (OR)
Snowe
Spence
Spratt
Stark
Strickland
Studds
Stupak
Sundquist
Swift
Synar
Tanner
Taylor (MS)
Taylor (NC)
Tejeda
Thornton
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--33
Andrews (NJ)
Barrett (NE)
Berman
Blackwell
Brown (FL)
Clayton
Clyburn
Cooper
Dellums
Dingell
Engel
English
Flake
Frost
Grandy
Hilliard
Houghton
Jefferson
Johnson, E. B.
Lewis (FL)
McNulty
Owens
Ridge
Rostenkowski
Rush
Sanders
Schumer
Sharp
Stokes
Thompson
Underwood (GU)
Velazquez
Washington
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. DEAL, assumed the Chair.
When Mr. TORRES, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
Para. 47.12 waiving points of order against conference report on s.2000
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-502) the resolution (H. Res. 421) waiving points of order
against the the conference report to accompany the bill (S. 2000) to
authorize appropriations for fiscal years 1995 through 1998 to carry out
the Head Start Act and the Community Services Block Grant Act, and for
other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 47.13 providing for the consideration of h.r. 518
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-503) the resolution (H. Res. 422) providing for consideration of
the bill (H.R. 518) to designate certain lands in the California Desert
as wilderness, to establish the Death Valley and Joshua Tree National
Parks and the Mojave National Monument, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 47.14 providing for the consideration of h.r. 2473
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-504) the resolution (H. Res. 423) providing for consideration of
the bill (H.R. 2473) to designate certain National Forest lands in the
State of Montana for multiple use management, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 47.15 hour of meeting
On motion of Mr. MOAKLEY, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 10
o'clock a.m. on Thursday, May 12, 1994.
Para. 47.16 vietnam human rights day
On motion of Ms. BYRNE, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the joint resolution of the Senate (S.J. Res. 168) designating May 11,
1994, as ``Vietnam Human Rights Day''.
When said joint resolution was considered and read twice.
Ms. BYRNE submitted the following amendments to the preamble, which
were agreed to:
In the 3d whereas clause of the preamble, strike ``, Dr.
Nguyen Dan Que,''.
In the last whereas clause of the preamble, strike
``including Dr. Nguyen Dan Que,''.
The joint resolution was ordered to be read a third time, was read a
third time by title, and passed.
A motion to reconsider the votes whereby said joint resolution was
passed and the preamble was amended was, by unanimous consent, laid on
the table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendments.
Para. 47.17 years of the girl child
On motion of Ms. BYRNE, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the joint resolution (H.J. Res. 302) designating 1994 through 1999 as
the ``Years of the Girl Child''.
Ms. BYRNE submitted the following amendment which was agreed to:
Page 3, beginning in line 3, strike out ``through 1999 are
designated as the `Years of the Girl Child' '' and insert
``is designated as the `Year of the Girl Child' ''.
When said joint resolution, as amended, was considered, read twice,
ordered to be engrossed and read a third time, was read a third time by
title, and passed.
By unanimous consent the title was amended so as to read: ``Joint
resolution designating 1994 as the `Year of the Girl Child'.''.
A motion to reconsider the votes whereby said joint resolution, as
amended, was passed and the title was amended was, by unanimous consent,
laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
Para. 47.18 further message from the senate
Further a message from the Senate by Mr. Hallen, one of its clerks,
announced that the Senate agreed to the report of the committee of
conference on the disagreeing votes of the two Houses on the amendments
of the House to the bill (S. 2000) ``An Act to authorize appropriations
for fiscal years 1995 through 1998 to carry out the Head Start Act and
the Community Services Block Grant Act, and for other purposes.''.
Para. 47.19 order of business--further postponement of vote
The SPEAKER pro tempore, Mr. DEAL, pursuant to clause 5(b) of rule I,
announced the re-designation of the time for further proceedings on the
motion to suspend the rules and pass the bill (H.R. 4278) to make
improvements in the old-age, survivors, and disability insurance program
under title II of the Social Security Act, as Thursday, May 12, 1994.
Para. 47.20 senate enrolled bill signed
The SPEAKER announced his signature to an enrolled bill of the Senate
of the following title:
S. 341. An Act to provide for a land exchange between the
Secretary of Agriculture and Eagle and Pitkin Counties in
Colorado, and for other purposes.
Para. 47.21 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. FROST, for today;
To Ms. Eddie Bernice JOHNSON of Texas, for today; and
To Mr. RUSH, for today.
And then,
[[Page 820]]
Para. 47.22 adjournment
On motion of Mr. INSLEE, pursuant to the special order heretofore
agreed to, at 7 o'clock and 20 minutes p.m., the House adjourned until
10 o'clock a.m. on Thursday, May 12, 1994.
Para. 47.23 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. DINGELL: Committee of Conference. Conference report on
H.R. 965. A bill to provide for toy safety and for other
purposes (Rept. No. 103-500). Ordered to be printed.
Mr. DINGELL: Committee on Energy and Commerce. H.R. 3869. A
bill to amend the Public Health Service Act to revise and
extend programs relating to the health of individuals who are
members of minority groups, and for other purposes; with an
amendment (Rept. No. 103-501). Referred to the Committee of
the Whole House on the State of the Union.
Mr. HALL of Ohio: Committee on Rules. House Resolution 421.
Resolution waiving points of order against the conference
report to accompany the bill (S. 2000) to authorize
appropriations for fiscal years 1995 through 1998 to carry
out the Head Start Act and the Community Services Block Grant
Act, and for other purposes (Rept. No. 103-502). Referred to
the House Calendar.
Mr. BEILENSON: Committee on Rules. House Resolution 422.
Resolution providing for the consideration of the bill (H.R.
518) to designate certain lands in the California desert as
wilderness, to establish the Death Valley and Joshua Tree
National Parks and the Mojave National Monument, and for
other purposes (Rept. No. 103-503). Referred to the House
Calendar.
Mr. GORDON: Committee on Rules. House Resolution 423.
Resolution providing for the consideration of the bill (H.R.
2473) to designate certain National Forest lands in the State
of Montana as wilderness, to release other National Forest
lands in the State of Montana for multiple use management,
and for other purposes (Rept. No. 103-504). Referred to the
House Calendar.
Para. 47.24 reported bills sequentially referred
Under clause 5 of rule X, bills and reports were delivered to the
Clerk for printing, and bills referred as follows:
H.R. 518. Discharged from the Union Calendar and referred
to the Committee on Merchant Marine and Fisheries for a
period ending not later than May 11, 1994, for consideration
of such provisions of the bill and amendment as fall within
the jurisdiction of that committee pursuant to clause 1(m) of
rule X.
Para. 47.25 subsequent action on a reported bill sequentially referred
Under clause 5 of rule X the following action was taken by the
Speaker:
The Committee on Merchant Marine and Fisheries discharged
from further consideration of H.R. 518. H.R. 518 referred to
the Committee of the Whole House on the State of the Union.
The Committee on Merchant Marine and Fisheries discharged
from further consideration of H.R. 2473; H.R. 2473 referred
to the Committee of the Whole House on the State of the
Union.
Para. 47.26 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. ANDREWS of New Jersey:
H.R. 4384. A bill to substitute evaluations of educational
quality for cohort default rates in eligibility
determinations for proprietary institutions of higher
education under Federal student assistance programs; to the
Committee on Education and Labor.
By Mr. RAHALL (for himself, Mr. Mineta, Mr. Shuster,
and Mr. Petri):
H.R. 4385. A bill to amend title 23, United States Code, to
designate the National Highway System, and for other
purposes; to the Committee on Public Works and
Transportation.
By Mr. MONTGOMERY (for himself, Mr. Slattery, Mr.
Rowland, Mr. Bilirakis, Mr. Kennedy, Mr. Clement, Mr.
Stearns, and Mr. Bishop):
H.R. 4386. A bill to amend title 38, United States Code,
authorizing the Secretary of Veterans Affairs to provide
compensation to veterans suffering from disabilities
resulting from illnesses attributed to service in the Persian
Gulf theater of operations during the Persian Gulf war, to
provide for increased research into illnesses reported by
Persian Gulf war veterans, and for other purposes; to the
Committee on Veterans' Affairs.
By Mrs. BENTLEY:
H.R. 4387. A bill to require that an application for a writ
of habeas corpus be submitted with the consent of the person
for whose relief it is intended; to the Committee on the
Judiciary.
By Mr. JOHNSON of South Dakota (for himself, Mr.
Pomeroy, Mr. Peterson of Minnesota, Mr. Minge, and
Mr. Barrett of Nebraska):
H.R. 4388. A bill to establish the Northern Great Plains
Rural Development Commission, and for other purposes; to the
Committee on Agriculture.
By Mr. JOHNSON of South Dakota:
H.R. 4389. A bill to require the Secretary of the Interior
to consider, in issuing national park concessions contracts,
the extent to which those contracts involve Indians and
Indian-owned businesses, and for other purposes; to the
Committee on Natural Resources.
By Mr. KLEIN (for himself and Mr. Vento):
H.R. 4390. A bill to amend the National Housing Act to
reform and simplify the single family home mortgage insurance
program of the Department of Housing and Urban Development,
and for other purposes; to the Committee on Banking, Finance
and Urban Affairs.
By Mr. LIPINSKI (for himself Mr. Studds, Mr. Fields of
Texas, and Mr. Bateman):
H.R. 4391. A bill to authorize appropriations for the
Federal Maritime Commission for fiscal year 1995; to the
Committee on Merchant Marine and Fisheries.
By Mr. McCURDY:
H.R. 4392. A bill to amend the Federal Property and
Administrative Services Act of 1949 to authorize the
distribution of Federal surplus property to nonprofit
organizations providing assistance to the hungry and the
indigent; to the Committee on Government Operations.
By Mr. NADLER (for himself, Mr. Rangel, Mrs. Lowey, Mr.
Fish, Mr. Serrano, Ms. Velazquez, Mrs. Maloney, Mr.
Engel, and Mr. Levy):
H.R. 4393. A bill to redesignate General Grant National
Memorial as Grant's Tomb National Memorial, and for other
purposes; to the Committee on Natural Resources.
By Mr. PALLONE:
H.R. 4394. A bill to provide for the establishment of
mandatory State-operated comprehensive one-call systems to
protect natural gas and hazardous liquid pipelines and all
other underground facilities from being damaged by any
excavations, and for other purposes; jointly, to the
Committees on Public Works and Transportation and Energy and
Commerce.
By Ms. SCHENK:
H.R. 4395. A bill to amend the Individuals with
Disabilities Education Act to provide that the requirement
regarding the continued educational placement of children
with disabilities in public schools during the pendency of
certain proceedings shall not apply with respect to
disciplinary proceedings against those children for
possession of firearms; to the Committee on Education and
Labor.
By Mr. TAYLOR of North Carolina:
H.R. 4396. A bill to amend section 203 of the National
Housing Act to increase the maximum mortgage amount
limitation under the single family housing mortgage insurance
program of the Secretary of Housing and Urban Development for
homes in nonhigh-cost areas; to the Committee on Banking,
Finance and Urban Affairs.
H.R. 4397. A bill to permit refunding of certain bonds; to
the Committee on Ways and Means.
By Mr. HALL of Ohio (for himself, Mr. Wolf, Mr.
Hamilton, Mr. Hyde, Mr. Moakley, Mr. Emerson, Mr.
Hughes, and Mr. Smith of Michigan):
H.J. Res. 366. Joint resolution to proclaim the week of
October 16 through October 22, 1994, as ``National Character
Counts Week''; to the Committee on Post Office and Civil
Service.
By Mr. BILBRAY (for himself, Mr. Lehman, Mr. Torres,
Mr. Bonior, and Mr. Hoyer):
H. Con. Res. 247. Concurrent resolution expressing the
sense of the Congress with respect to the Nagorno Karabagh
conflict; to the Committee on Foreign Affairs.
By Mr. MICHEL:
H. Con. Res. 248. Concurrent resolution providing for the
printing of eulogies and encomiums of the late President of
the United States, Richard M. Nixon, as expressed in the
House of Representatives and the Senate; to the Committee on
House Administration.
By Mr. TAUZIN (for himself and Mr. Hastert):
H. Res. 424. Resolution expressing the sense of the House
of Representatives that Members of Congress should have the
opportunity to offer an amendment striking an employer
mandate in any legislation to reform our health care system;
to the Committee on Rules.
Para. 47.27 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
366. By the SPEAKER: Memorial of the Legislature of the
Commonwealth of Virginia, relative to truck safety; jointly,
to the Committees on Armed Services and Science, Space, and
Technology.
367. Also, memorial of the General Assembly of the
Commonwealth of Virginia, relative to welfare recipients'
income; to the Committee on Banking, Finance and Urban
Affairs.
368. Also, memorial of the Council of the District of
Columbia, relative to democracy in Haiti; to the Committee on
the District of Columbia.
369. Also, memorial of the General Assembly of the
Commonwealth of Virginia, relative to Lorton Penitentiary; to
the Committee on the District of Columbia.
[[Page 821]]
370. Also, memorial of the General Assembly of the
Commonwealth of Virginia, relative to historically black
colleges and universities; to the Committee on Education and
Labor.
371. Also, memorial of the General Assembly of the
Commonwealth of Virginia, relative to the ``Individuals with
Disabilities Education Act''; to the Committee on Education
and Labor.
372. Also, memorial of the General Assembly of the
Commonwealth of Virginia, relative to safe drinking water; to
the Committee on Energy and Commerce.
373. Also, memorial of the General Assembly of the
Commonwealth of Virginia, relative to unfunded mandates; to
the Committee on Government Operations.
374. Also, memorial of the General Assembly of the
Commonwealth of Virginia, relative to Indian tribes in
Virginia; to the Committee on Natural Resources.
375. Also, memorial of the General Assembly of the
Commonwealth of Virginia, relative to human rights; to the
Committee on Post Office and Civil Service.
376. Also, memorial of the General Assembly of the
Commonwealth of Virginia, relative to funding for South
Battlefield Boulevard; to the Committee on Public Works and
Transportation.
377. Also, memorial of the General Assembly of the
Commonwealth of Virginia, relative to the National Highway
System; to the Committee on Public Works and Transportation.
379. Also, memorial of the Legislature of the State of
Alaska, relative to diesel fuel; to the Committee on Ways and
Means.
380. Also, memorial of the General Assembly of the
Commonwealth of Virginia, relative to health insurance; to
the Committee on Ways and Means.
381. Also, memorial of the General Assembly of the
Commonwealth of Virginia, relative to low income families; to
the Committee on Ways and Means.
Para. 47.28 private bills and resolutions
Under clause 1 of rule XXII:
Mr. VOLKMER introduced a bill (H.R. 4398) for the relief of
Lester J. Reschly; which was referred to the Committee on the
Judiciary.
Para. 47.29 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 123: Mr. Buyer, Mr. Calvert, Mr. Huffington, and Mr.
Ramstad.
H.R. 124: Mr. Cunningham and Mr. Zeliff.
H.R. 169: Mr. Baker of California.
H.R. 291: Mr. Kyl, Mrs. Roukema, Mr. Herger, Mr. Engel, Mr.
Glickman, Mrs. Meyers of Kansas, Mr. Gunderson, and Mr.
McHugh.
H.R. 300: Mr. Bonior.
H.R. 411: Mr. Manzullo.
H.R. 417: Mr. Thomas of California, Mr. Schiff, Mr. Canady,
Mr. Kasich, Mr. Dreier, Mr. Doolittle, and Mr. Hancock.
H.R. 421: Mr. Underwood, Mr. Filner, Mr. Murphy, Mr. Miller
of California, Mr. Gejdenson, Mr. Coble, and Mr. Coyne.
H.R. 546: Mr. Duncan, Mr. Rose, and Mr. Gejdenson.
H.R. 551: Mr. Penny.
H.R. 702: Mr. Coppersmith, Mr. Linder, and Mr. Grandy.
H.R. 716: Mrs. Morella.
H.R. 769: Mr. Darden and Mr. Hall of Texas.
H.R. 773: Mr. Gallo.
H.R. 784: Mr. Jacobs.
H.R. 799: Mr. Pete Geren of Texas.
H.R. 885: Mr. Linder and Ms. Pryce of Ohio.
H.R. 957: Mr. Farr and Mr. Mineta.
H.R. 1155: Ms. Molinari and Mr. Johnson of South Dakota.
H.R. 1354: Mr. Gene Green of Texas, Mr. Clyburn, Mr.
Hinchey, and Mr. Serrano.
H.R. 1493: Mr. Johnston of Florida.
H.R. 1583: Mr. Smith of New Jersey, Mr. Klein, Mr.
Callahan, Mr. Beilenson, and Mrs. Vucanovich.
H.R. 1596: Mr. Manzullo.
H.R. 2145: Mr. Dellums, Mr. Stenholm, Mr. Payne of
Virginia, Mr. Studds, Ms. Margolies-Mezvinsky, Mr. Canady,
Mr. Kildee, Ms. DeLauro, Mr. DeFazio, and Mr. Gingrich.
H.R. 2417: Mrs. Mink of Hawaii.
H.R. 2437: Mr. Wheat.
H.R. 2859: Mr. Gallegly and Mr. Zeliff.
H.R. 3087: Mr. Kleczka, Mr. Weldon, Mr. Moran, Mr. Skelton,
Mr. Dreier, and Mr. Roemer.
H.R. 3173: Mr. Applegate, Mr. Fields of Texas, and Mr.
Poshard.
H.R. 3247: Mr. Bilbray, Mr. Gene Green of Texas, Mr.
Serrano, Mr. Johnson of South Dakota, Ms. Eshoo, Mr. Lehman,
Mr. Abercrombie, and Mr. Andrews of New Jersey.
H.R. 3266: Mr. Shaw and Mrs. Morella.
H.R. 3293: Mr. Serrano and Mr. Goss.
H.R. 3328: Mrs. Clayton.
H.R. 3461: Mr. Meehan.
H.R. 3462: Mr. Meehan.
H.R. 3463: Mr. Meehan.
H.R. 3486: Mr. Collins of Georgia and Mr. Tauzin.
H.R. 3538: Mr. Tucker, Mr. Leach, Mrs. Clayton, and Mr.
Reed.
H.R. 3546: Ms. Pryce of Ohio.
H.R. 3573: Mrs. Clayton.
H.R. 3630: Mrs. Johnson of Connecticut.
H.R. 3645: Mr. Sensenbrenner.
H.R. 3656: Mr. Coble and Mr. Rush.
H.R. 3663: Ms. Roybal-Allard.
H.R. 3694: Mr. Washington, Mr. Wynn, Mr. Torkildsen, Mr.
Kopetski, Mr. Olver, Ms. Margolies-Mezvinsky, Mr. Brewster,
Mr. Gibbons, Mrs. Lloyd, Mr. Sarpalius, Mr. Hinchey, Mr.
Barrett of Wisconsin, Mr. Gejdenson, Mr. Chapman, Mr.
DeFazio, and Mr. Ramstad.
H.R. 3790: Mr. Jacobs.
H.R. 3795: Mr. Clinger.
H.R. 3797: Mr. Ballenger, Mr. Franks of New Jersey, Mr.
Gingrich, and Mr. Shays.
H.R. 3820: Mr. Sisisky, Mr. Evans, Mr. Volkmer, Mr. Burton
of Indiana, Mr. Houghton, Mr. Taylor of Mississippi, Mr.
Gilchrest, Mr. Kolbe, Mr. Boehner, Mr. Young of Florida, Mr.
Martinez, Mr. Ewing, Mr. Coyne, Mr. Murtha, Mr. Crane, Mr.
Packard, Mr. Spence, Mr. Bacchus of Florida, Mr. Machtley,
Mr. Williams, Mr. Ortiz, Mr. Klug, and Mr. Scott.
H.R. 3843: Mr. Brown of Ohio and Mr. Murphy.
H.R. 3844: Mr. Murphy.
H.R. 3866: Mr. Skaggs, Mr. Becerra, Ms. Ros-Lehtinen, Mr.
Levin, and Mr. Volkmer.
H.R. 3871: Mr. Ballenger and Mr. Solomon.
H.R. 3905: Mrs. Meyers of Kansas, Mr. Evans, Mr. Dellums,
and Mr. Brown of California.
H.R. 3936: Mr. Ewing, Mr. Parker, Mr. Lewis of Florida, Mr.
Fingerhut, and Ms. Pryce of Ohio.
H.R. 3951: Mr. Darden and Mr. Glickman.
H.R. 4024: Mr. Evans, Mr. Payne of New Jersey, Mrs.
Clayton, Mr. Martinez, Mrs. Mink of Hawaii, and Mr. Coleman.
H.R. 4050: Ms. Norton, Mr. Romero-Barcelo, Ms. Harman, and
Mr. Darden.
H.R. 4074: Mr. Levy, Ms. Molinari, Mr. McNulty, Mr.
Hinchey, Mr. Hochbrueckner, Ms. Slaughter, Mr. Ramstad, Mr.
LaFalce, Mr. Towns, Mr. Castle, and Mr. McHugh.
H.R. 4137: Mr. Walsh, Mr. King, Mr. Bereuter, Mr. Machtley,
Mr. Shays, and Mr. Schiff.
H.R. 4142: Mr. Gallo.
H.R. 4189: Mr. Levy and Mr. Meehan.
H.R. 4208: Mr. Frank of Massachusetts and Mr. Deutsch.
H.R. 4233: Mr. Tanner, Mr. Wilson, and Mrs. Vucanovich.
H.R. 4258: Mrs. Lloyd.
H.R. 4260: Mr. Slattery, Mr. Dellums, Mr. Miller of
California, Mr. Engel, Mr. Bevill, Mrs. Maloney, Ms. Furse,
and Mr. Towns.
H.R. 4276: Mr. Beilenson.
H.R. 4292: Mr. Bilbray, Mr. Miller of California, Mr.
LaFalce, Mr. Gejdenson, Mr. Ackerman, Mr. Frank of
Massachusetts, Mr. Mann, Mr. Johnston of Florida, Mr. Clay,
Mr. Kopetski, Mr. Evans, Mr. Torkildsen, Mr. Shays, Ms.
Furse, Mr. Hughes, Mr. Hochbrueckner, and Mr. Glickman.
H.R. 4369: Mr. Horn and Mr. Young of Alaska.
H.J. Res. 44: Mr. DeLay and Mr. Young of Florida.
H.J. Res. 209: Mr. Andrews of New Jersey, Mr. Lightfoot,
Mr. Coleman, Mr. Lazio, Mr. Foglietta, and Mr. Doolittle.
H.J. Res. 293: Mr. Faleomavaega and Mr. Flake.
H.J. Res. 297: Mr. Edwards of Texas and Mr. Hutchinson.
H.J. Res. 302: Ms. Pryce of Ohio, Mr. Machtley, Mr. Hobson,
Mr. Skeen, Ms. DeLauro, and Mr. Barcia of Michigan.
H.J. Res. 314: Mr. Sarpalius and Mr. Flake.
H.J. Res. 315: Mr. Blute, Mr. Bunning, Mr. DeFazio, Mr.
Duncan, Mr. Franks of Connecticut, Mr. Greenwood, Mr. Herger,
Mr. Hyde, Mr. Inhofe, Mr. Kildee, Mr. Kim, Mr. King, Mr.
Machtley, Ms. Molinari, Mr. Quillen, Mr. Sarpalius, Mr.
Serrano, Mr. Shaw, Mr. Skeen, Mr. Skelton, Mr. Smith of New
Jersey, Mr. Tanner, Mr. Tauzin, Mr. Torricelli, Mr. Vento,
Mr. Washington, Ms. Waters, Mr. Whitten, Mr. Baker of
California, Mr. Everett, Mrs. Fowler, Mr. Gallo, Mr.
Gonzalez, Mr. Kingston, Mrs. Johnson of Connecticut, Mr. Sam
Johnson, Mr. Kolbe, Mr. Lazio, Mr. McCandless, Mr. McNulty,
Mrs. Meyers of Kansas, Mr. Murphy, Mr. Murtha, Mr. Oxley, Mr.
Packard, Mr. Peterson of Florida, Mr. Price of North
Carolina, Mr. Rahall, Mr. Ravenel, Mr. Rogers, Mr. Romero-
Barcelo, Mr. Sanders, Mr. Schiff, Mr. Shuster, Mr. Slattery,
and Ms. Slaughter.
H.J. Res. 327: Mr. Engel and Ms. Pelosi.
H.J. Res. 328: Mrs. Byrne and Mr. Horn.
H.J. Res. 333: Mr. Barlow, Mr. Hochbrueckner, Mr.
Jefferson, Mr. Underwood, Mr. Fingerhut, Mrs. Mink of Hawaii,
Ms. Cantwell, Ms. Velazquez, Ms. Woolsey, Mrs. Maloney, Mr.
Hamburg, Ms. McKinney, Mr. Bacchus of Florida, Mr. Glickman,
Mr. Becerra, Mr. Taylor of North Carolina, Mr. Richardson,
Mrs. Kennelly, Mr. Sawyer, Mr. Reynolds, Mr. Price of North
Carolina, Mr. Valentine, Mr. Andrews of New Jersey, Mr.
Coleman, Mrs. Fowler, Ms. English of Arizona, Mr. Lazio, Mr.
Machtley, Mr. Emerson, Mr. Markey, Mr. Hyde, Ms. Danner, Mr.
Neal of Massachusetts, Mr. Torkildsen, Mr. Olver, Mrs.
Johnson of Connecticut, Mr. Jacobs, Mr. Wilson, Mr. Rowland,
Mr. Smith of Iowa, Mr. Montgomery, Mr. Barca of Wisconsin,
Mr. Johnson of South Dakota, Mr. Swift, Ms. Collins of
Michigan, Mr. Bishop, Mr. Bevill, Mr. Fish, Mr. Ford of
Michigan, Mr. Parker, Mr. Hayes, Mr. Coyne, Mr. Taylor of
Mississippi, Mr. Poshard, Mr. Gordon, Mr. Clement, Mr. Kim,
Mr. Clinger, Mr. Sharp, Mr. Sangmeister, Mr. Wyden, Ms. Long,
Mr. Berman, Mr. Ford of Tennessee, Mr. Hall Ohio, and Ms.
Waters.
H.J. Res. 338: Mrs. Fowler and Mr. McKeon.
H.J. Res. 356: Mr. Stokes, Mr. Brown of California, Mr.
Filner, Ms. Collins of Michigan.
[[Page 822]]
H.J. Res. 362: Mrs. Byrne, Mrs. Farr, Mr. Wolf, Mr.
Sarpalius, and Mr. Peterson of Florida.
H. Con. Res. 15: Mr. Leach.
H. Con. Res. 156: Mr. Fields of Louisiana.
H. Con. Res. 166: Mr. Bilirakis.
H. Con. Res. 199: Mr. Richardson and Mr. Young of Florida.
H. Con. Res. 235: Mr. Dixon, Mr. Markey, Mr. Faleomavaega,
Mr. Cardin, Mr. Klein, Mr. Schumer, Mrs. Meek of Florida, Mr.
Gejdenson, Ms. Brown of Florida, Mr. Andrews of Maine, Mrs.
Unsoeld, Mr. Jefferson, Mr. Minge, Mr. Oberstar, Mr. Reed,
Mr. Watt, Mr. Engel, Mr. Frost, Mr. Gordon, Mr. Hamburg, Mr.
Kleczka, Mr. Matsui, Mr. Shepherd, Ms. McKinney, Mr. Mineta,
Mr. Strickland and Mrs. Mink of Hawaii.
Para. 47.30 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.J. Res. 302: Mr. Hutto.
.
THURSDAY, MAY 12, 1994 (48)
The House was called to order by the SPEAKER.
Para. 48.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Wednesday, May 11, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 48.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3127. A letter from the Administrator, Farmers Home
Administration, transmitting a report on FmHA farmer programs
loan assistance targeted to socially disadvantaged groups in
fiscal year 1993, pursuant to 7 U.S.C. 2003; to the Committee
on Agriculture.
3173. A letter from the Comptroller of the Department of
Defense, transmitting a report of a violation of the Anti-
Deficiency Act which occurred in the Department of the Air
Force, pursuant to 31 U.S.C. 1517(b); to the Committee on
Appropriations.
3174. A letter from the Acting Chairman, Federal Deposit
Insurance Corporation, transmitting a report on the
Corporation's efforts to maximize the efficient utilization
of the resources of the private sector, pursuant to 12 U.S.C.
1827; to the Committee on Banking, Finance and Urban Affairs.
3175. A letter from the Acting Director, Defense Security
Assistance Agency transmitting notification of the Department
of the Air Force's proposed Letter(s) of Offer and Acceptance
[LOA] to Norway for defense articles and services
(Transmittal No. 94-26), pursuant to 22 U.S.C. 2776(b); to
the Committee on Foreign Affairs.
3176. A letter from the Chief Financial Officer, Department
of Agriculture, transmitting the annual management report for
the Federal Crop Insurance Corporation, pursuant to Public
Law 101-576, section 306(a) (104 Stat. 2854); to the
Committee on Government Oprations.
3177. A letter from the Chairman, Federal Maritime
Commission, transmitting the semiannual report on the
activities of the inspector general for fiscal year 1993,
pursuant to Public Law 95-452, Section 5(b) (102 Stat. 2526);
to the Committee on Government Operations.
3178. A letter from the Secretary of Housing and Urban
Development, transmitting a report of activities under the
Freedom of Information Act for calendar year 1993, pursuant
to 5 U.S.C. 552(d); to the Committee on Government
Operations.
3179. A letter from the Deputy Secretary of Defense,
transmitting a report concerning fund accountability
documents for DOD research and development; jointly, to the
Committees on Armed Services, Appropriations, and Science,
Space, and Technology.
Para. 48.3 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed without amendment a joint resolution of the
House of the following title:
H.J. Res. 303. Joint resolution to designate June 6, 1994,
as ``D-Day National Remembrance Day''.
The message also announced that the Senate had passed a bill of the
following title, in which the concurrence of the House is requested:
S. 978. An Act to establish programs to promote
environmental technology, and for other purposes.
The message also announced that the Senate disagreed to the amendment
of the House to the bill (S. 349) ``An Act to provide for the disclosure
of lobbying activities to influence the Federal Government, and for
other purposes.'', agreed to the conference asked by the House on the
disagreeing votes of the two Houses thereon, and appointed Mr. Glenn,
Mr. Levin, Mr. Akaka, Mr. Cohen, and Mr. Stevens to be the conferees on
the part of the Senate.
The message also announced that pursuant to sections 276(d)-276(g), of
title 22, United States Code, as amended, the Chair, on behalf of the
Vice President, appointed Mr. Dodd, as a member of the Senate Delegation
to the Canada-United States Interparlia- mentary Group during the Second
Session of the One Hundred Third Congress, to be held in Sante Fe, NM,
May 19-23, 1994.
The message also announced that pursuant to sections 276(d)-276(g), of
title 22, United States Code, as amended, the Chair, on behalf of the
Vice President, appointed Mr. Grassley, Mr. Specter, and Mr. Coverdell,
as members of the Senate Delegation to the Canada-United States
Interparlia-mentary Group during the Second Session of the One Hundred
Third Congress, to be held in Santa Fe, NM, May 19-23, 1994.
The message also announced that pursuant to Public Law 103-227, the
Chair, on behalf of the Republican leader, appointed Mr. Cochran, as a
member of the National Education Goals Panel.
Para. 48.4 economic development authorization
The SPEAKER pro tempore, Mr. MAZZOLI, pursuant to House Resolution 420
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 2442) to reauthorize appropriations under the Public
Works and Economic Development Act of 1965, as amended, to revise
administrative provisions of the Act to improve the authority of the
Secretary of Commerce to administer grant programs, and for other
purposes.
Mr. TORRES, Chairman of the Committee of the Whole, resumed the chair;
and after some time spent therein,
Para. 48.5 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. HEFLEY:
Strike title I and insert the following new title:
SEC. 101. ABOLISHMENT OF ECONOMIC DEVELOPMENT ADMINISTRATION
AND ITS PROGRAMS.
(a) Abolishment of Economic Development Administration.--
The Economic Development Administration is hereby abolished.
(b) Repeal of Acts.--The Public Works and Economic
Development Act of 1965 (42 U.S.C. 3121 et seq.) and the
Local Public Works Capital Development and Investment Act of
1976 (42 U.S.C. 6701 et seq.) are hereby repealed.
SEC. 102. CONCLUSION OF BUSINESS OF ECONOMIC DEVELOPMENT
ADMINISTRATION.
(a) Authority of Secretary of Commerce To Conclude Business
and Honor Contracts.--The Secretary of Commerce shall provide
for the conclusion of any outstanding affairs of the Economic
Development Administration, including matters affecting the
disposition of personnel. The Secretary of Commerce may take
any action that (if this Act had not been enacted) would have
been authorized as of of the effective date of this Act under
the Acts repealed by section 101(b) and is necessary or
appropriate to administer and fulfill the terms of any grant,
contract, agreement, loan, obligation, debenture, or
guarantee made by the Secretary pursuant to the Acts repealed
by section 101(b).
(b) Effect of Abolishment on Expenditure of Funds Already
Received.--Section 101 may not be construed to prevent the
expenditure of any funds received from a grant or loan under
the Acts repealed by section 101(b). Any grant or loan made
under such Acts before the effective date of this Act shall
be subject to any laws and regulations that would have
applied to the grant or loan if this Act had not been
enacted.
(c) Continuance of Economic Development Revolving Fund to
Finish Business.--
(1) Authorized purposes.--The Economic Development
Revolving fund established by section 203 of the Public Works
and Economic Development Act of 1965 (42 U.S.C. 3143) shall
continue in existence for the following purposes:
(A) Collections and repayments.--To receive collections and
repayments in connection with assistance extended under the
Acts repealed by section 101(b) that would have been required
under the Acts repealed by section 101(b) to be deposited in
the Economic Development Revolving Fund if this Act had not
been enacted.
(B) Payment of obligations.--To pay obligations and make
expenditures in connection with the Acts repealed by section
101(b) that would have been required under the Acts repealed
by section 101(b) if this Act had not been enacted.
(2) Termination of fund.--
(A) Certification.--When, in the discretion of the
Secretary of Commerce, the Eco-
[[Page 823]]
nomic Development Revolving Fund is no longer necessary to
carry out the activities under paragraph (1), the Secretary
of Commerce shall certify to the Secretary of the Treasury
that the Economic Development Revolving Fund is no longer
necessary.
(B) Termination.--Upon receipt of the certification under
subparagraph (A), the Secretary of the Treasury shall deposit
into the general fund of the Treasury as miscellaneous
receipts any moneys remaining in the Economic Development
Revolving Fund. The Secretary of the Treasury shall take any
action necessary to terminate the Economic Development
Revolving Fund. The Secretary of the Treasury shall deposit
into the general fund of the Treasury any collections and
repayments made after the termination of the Economic
Development Revolving Fund in connection with the Act
repealed by section 101(b).
SEC. 103. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
SEC. 104. EFFECTIVE DATE.
This Act shall take effect on the 1st day of the 1st fiscal
year that begins after the date of the enactment of this Act.
It was decided in the
Yeas
97
<3-line {>
negative
Nays
319
Para. 48.6 [Roll No. 164]
AYES--97
Allard
Archer
Armey
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bereuter
Bilirakis
Bliley
Boehner
Bonilla
Brown (OH)
Burton
Calvert
Castle
Coble
Combest
Condit
Cox
Crane
Crapo
DeLay
Doolittle
Dornan
Dreier
Duncan
Ewing
Fawell
Fields (TX)
Gilchrest
Gingrich
Goodlatte
Goss
Grams
Hancock
Hansen
Hastert
Hefley
Hobson
Hoke
Hunter
Hyde
Inhofe
Istook
Johnson, Sam
Kasich
Kim
King
Klug
Knollenberg
Kolbe
Kyl
Lehman
Levy
Lewis (CA)
Lewis (FL)
Linder
Livingston
Mann
Manzullo
McCandless
McCollum
McInnis
McKeon
McMillan
Michel
Miller (CA)
Miller (FL)
Moorhead
Nussle
Oxley
Paxon
Penny
Petri
Porter
Portman
Pryce (OH)
Ramstad
Rohrabacher
Roukema
Royce
Schaefer
Sensenbrenner
Shaw
Smith (TX)
Stearns
Stenholm
Stump
Walker
Weldon
Wolf
Young (FL)
Zeliff
Zimmer
NOES--319
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Bachus (AL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Beilenson
Bentley
Berman
Bevill
Bilbray
Bishop
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Bryant
Bunning
Buyer
Byrne
Callahan
Camp
Canady
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gillmor
Gilman
Glickman
Gonzalez
Goodling
Gordon
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hochbrueckner
Hoekstra
Holden
Horn
Houghton
Huffington
Hughes
Hutchinson
Hutto
Inglis
Jacobs
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kingston
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Machtley
Maloney
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCrery
McDade
McDermott
McHale
McHugh
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mica
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Packard
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Poshard
Price (NC)
Quillen
Quinn
Rahall
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roberts
Roemer
Rogers
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roth
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Snowe
Spence
Spratt
Stark
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Young (AK)
NOT VOTING--21
Becerra
Blackwell
Flake
Frost
Gibbons
Grandy
Hoyer
Inslee
Jefferson
Lightfoot
McCurdy
Mfume
Parker
Payne (VA)
Ridge
Sharp
Solomon
Stokes
Towns
Underwood (GU)
Washington
So the amendment was not agreed to.
After some further time,
Para. 48.7 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. HEFLEY:
Insert after section 129 the following new section:
SEC. 130. OVERALL CAP ON AUTHORIZATION OF APPROPRIATIONS FOR
EDA
Notwithstanding any other provision of this title or any
other provision of law, not more than $412,000,000 is
authorized to be appropriated for each of fiscal years 1995
and 1996 to carry out the Public Works and Economic
Development Act of 1965.
It was decided in the
Yeas
171
<3-line {>
negative
Nays
244
Para. 48.8 [Roll No. 165]
AYES--171
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barca
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Bereuter
Bilirakis
Bliley
Boehner
Bonilla
Brown (OH)
Burton
Callahan
Calvert
Camp
Canady
Castle
Coble
Collins (GA)
Combest
Condit
Cooper
Cox
Crane
Crapo
Cunningham
DeLay
Dickey
Doolittle
Dreier
Duncan
Dunn
Ehlers
English
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Harman
Hastert
Hefley
Hobson
Hoekstra
Hoke
Horn
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lambert
Laughlin
Lazio
Leach
Lehman
Levy
Lewis (FL)
Lightfoot
Linder
Livingston
Machtley
Mann
Manzullo
McCandless
McCollum
McCrery
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Minge
Moorhead
Morella
Murphy
Myers
Nussle
Oxley
Paxon
Payne (VA)
Penny
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Pryce (OH)
Ramstad
Ravenel
Regula
Roberts
Rohrabacher
Roukema
Royce
Santorum
Saxton
Schaefer
Schenk
Schiff
Sensenbrenner
Shaw
Shays
Shepherd
Sisisky
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stenholm
Stump
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Upton
Walker
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--244
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Applegate
Bacchus (FL)
Baesler
Barcia
Barlow
Beilenson
Bentley
Berman
Bevill
Bilbray
Bishop
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Bryant
Bunning
Buyer
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
[[Page 824]]
Durbin
Edwards (CA)
Edwards (TX)
Emerson
Engel
Eshoo
Evans
Everett
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gillmor
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Hastings
Hayes
Hefner
Herger
Hilliard
Hinchey
Hochbrueckner
Holden
Houghton
Hughes
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lancaster
Lantos
LaRocco
Levin
Lewis (CA)
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDade
McDermott
McHale
McHugh
McKinney
McNulty
Meehan
Meek
Menendez
Miller (CA)
Mineta
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Packard
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Pickle
Pomeroy
Poshard
Price (NC)
Quillen
Quinn
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rogers
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schroeder
Schumer
Scott
Serrano
Shuster
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Snowe
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Tanner
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Wheat
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--22
Andrews (TX)
Becerra
Blackwell
DeFazio
Dornan
Flake
Frost
Grandy
Hoagland
Hoyer
McCurdy
Mfume
Murtha
Parker
Ridge
Roth
Sharp
Towns
Underwood (GU)
Washington
Whitten
Williams
So the amendment was not agreed to.
After some further time,
Para. 48.9 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. BOEHNER:
Strike section 212 and redesignate section 213 as section
212.
Conform the table of contents accordingly.
It was decided in the
Yeas
184
<3-line {>
negative
Nays
239
Para. 48.10 [Roll No. 166]
AYES--184
Allard
Andrews (NJ)
Archer
Armey
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Barton
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Boehlert
Boehner
Bonilla
Brown (OH)
Bunning
Burton
Buyer
Calvert
Camp
Canady
Castle
Coble
Collins (GA)
Combest
Condit
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Harman
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klein
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Machtley
Manzullo
Margolies-Mezvinsky
McCandless
McCollum
McCrery
McCurdy
McHugh
McInnis
McKeon
McMillan
Meehan
Meyers
Mica
Michel
Miller (FL)
Minge
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Paxon
Penny
Peterson (MN)
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Sangmeister
Santorum
Saxton
Schaefer
Schenk
Schiff
Sensenbrenner
Shaw
Shays
Shepherd
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Thurman
Torkildsen
Upton
Vucanovich
Walker
Weldon
Williams
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--239
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Bachus (AL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Bartlett
Beilenson
Bentley
Berman
Bevill
Bishop
Blute
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Bryant
Byrne
Callahan
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dickey
Dicks
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Everett
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hochbrueckner
Holden
Hoyer
Hughes
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDade
McHale
McKinney
McNulty
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rogers
Romero-Barcelo (PR)
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sarpalius
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tejeda
Thompson
Thornton
Torres
Torricelli
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt
Waxman
Wheat
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--14
Becerra
Blackwell
Dingell
Flake
Grandy
Hoagland
McDermott
Parker
Ridge
Sharp
Towns
Underwood (GU)
Washington
Whitten
So the amendment was not agreed to.
After some further time,
Para. 48.11 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. WALKER:
After Section 129, add the following new section:
SEC. 130. REGULATORY RELIEF.
The Administrator shall, upon petition from an entity
impacted adversely by federal regulations on matters of
economic development as described in this Act, notify the
departments and agencies involved with promulgating and
administering those regulations and suggest to those
departments and agencies that regulations be waived which
interfere with economic development. Nothing in this section
shall affect the ability of the Administrator to carry out
his duties otherwise provided by law.
It was decided in the
Yeas
410
<3-line {>
affirmative
Nays
10
Para. 48.12 [Roll No. 167]
AYES--410
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Bartlett
Barton
Bateman
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
[[Page 825]]
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
English
Eshoo
Evans
Everett
Ewing
Faleomavaega (AS)
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Ford (MI)
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meehan
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--10
Applegate
Engel
Foglietta
Frank (MA)
Gonzalez
McKinney
Nadler
Oberstar
Sabo
Stark
NOT VOTING--17
Barrett (WI)
Becerra
Blackwell
Cunningham
Dingell
Flake
Grandy
Hoagland
McDermott
Meek
Parker
Porter
Ridge
Sharp
Underwood (GU)
Washington
Whitten
So the amendment was agreed to.
After some further time,
The SPEAKER pro tempore, Mr. BONIOR, assumed the Chair.
When Mr. TORRES, Chairman, pursuant to House Resolution 420, reported
the bill back to the House with an amendment adopted by the Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Economic
Development Reauthorization Act of 1994''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
TITLE I--ECONOMIC DEVELOPMENT PROGRAMS
Sec. 101. Grants for public works and development facilities.
Sec. 102. Projects constructed under projected cost.
Sec. 103. Changed project circumstances.
Sec. 104. Other financial assistance.
Sec. 105. Technical assistance, research, and information.
Sec. 106. Business outreach center demonstration project.
Sec. 107. Office of Strategic Economic Development Planning and Policy.
Sec. 108. Office of Economic Development Information.
Sec. 109. Area eligibility.
Sec. 110. Investment strategy.
Sec. 111. Economic development districts.
Sec. 112. Administration.
Sec. 113. Expedited processing of applications.
Sec. 114. Uniform application form.
Sec. 115. Study of grant selection criteria.
Sec. 116. Performance evaluations of grant recipients.
Sec. 117. Study of guaranteed loan program.
Sec. 118. Miscellaneous.
Sec. 119. Acceptance of applicants' certifications.
Sec. 120. Supervision of regional counsels.
Sec. 121. Economic recovery for disaster areas.
Sec. 122. Special economic development and adjustment assistance.
Sec. 123. Treatment of revolving loan funds.
Sec. 124. Outreach to communities adversely affected by defense base
closures.
Sec. 125. Sale of financial instruments in revolving loan funds.
Sec. 126. Economic development challenge grants demonstration project.
Sec. 127. Authorization of appropriations.
Sec. 128. References to the Secretary.
Sec. 129. Compliance with Buy American Act.
Sec. 130. Regulatory relief.
TITLE II--APPALACHIAN REGIONAL DEVELOPMENT
Sec. 201. Findings and purposes.
Sec. 202. Meetings.
Sec. 203. Authorizations for administrative expenses.
Sec. 204. Extension of lease terms.
Sec. 205. Highway system.
Sec. 206. Supplements to Federal grant-in-aid programs.
Sec. 207. Program development criteria.
Sec. 208. Grants for administrative expenses and demonstration
projects.
Sec. 209. Authorization of appropriations for general program.
Sec. 210. Definition of Appalachian region.
Sec. 211. Extension of termination date.
Sec. 212. Regional development task force.
Sec. 213. Compliance with Buy American Act.
TITLE III--BUSINESS DEVELOPMENT ASSISTANCE
Sec. 301. Short title.
Sec. 302. Findings, purposes, and definitions.
Sec. 303. Consolidation of information on technologies.
Sec. 304. Business Development and Technology Commercialization
Corporation.
Sec. 305. Assistance to Businesses in securing financing.
Sec. 306. Savings provision.
Sec. 307. Rule of construction.
TITLE I--ECONOMIC DEVELOPMENT PROGRAMS
SEC. 101. GRANTS FOR PUBLIC WORKS AND DEVELOPMENT FACILITIES.
(a) Direct and Supplementary Grants.--
(1) Eligible applicants.--Section 101(a) of the Public
Works and Economic Development Act of 1965 (42 U.S.C.
3131(a)) is amended in the matter preceding paragraph (1) by
striking ``representing any redevelopment area or part
thereof'' and inserting ``acting in cooperation with
officials of local governments''.
(2) Direct grants.--Section 101(a)(1) of such Act (42
U.S.C. 3131(a)(1)) is amended--
(A) in the matter preceding subparagraph (A) by inserting
``design and engineering,'' after ``acquisition,''; and
(B) in subparagraph (A) by striking ``or otherwise
substantially further the objectives of the Economic
Opportunity Act of 1964''.
(b) Amount of Supplemental Grants.--The last sentence of
section 101(c) of such Act (42 U.S.C. 3131(c)) is amended--
(1) by striking ``area,'' and inserting ``area and''; and
(2) by striking ``, and the amount of'' and all that
follows before the period.
(c) Authorization of Appropriations.--Section 105 of such
Act (42 U.S.C. 3135) is amended to read as follows:
``SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated
to carry out this title $160,000,000 for fiscal year 1994 and
$175,000,000 per fiscal year for each of fiscal years 1995
and 1996. Such sums shall remain available until expended.
[[Page 826]]
``(b) Limitation on Expenditures in Certain Areas.--Not
more than 35 percent of the amounts appropriated pursuant to
subsection (a) in a fiscal year may be expended for projects
located in areas described in section 401(a)(4).
``(c) Limitation on Expenditures for Design and
Engineering.--Not more than 20 percent of the amounts
appropriated pursuant to section (a) in a fiscal year may be
expended for design and engineering.''.
(d) Sewer Facilities.--Title I of such Act (42 U.S.C. 3131-
3137) is amended by striking section 106 and redesignating
section 107 as section 106.
(e) Construction Cost Increases.--Section 106 of such Act,
as redesignated by subsection (d) of this section, is amended
by inserting a period after ``such costs'' and striking all
that follows.
SEC. 102. PROJECTS CONSTRUCTED UNDER PROJECTED COST.
Title I of the Public Works and Economic Development Act of
1965 (42 U.S.C. 3131-3137) is amended by adding at the end
the following:
``SEC. 107. USE OF FUNDS IN PROJECTS CONSTRUCTED UNDER
PROJECTED COST.
``In any case where a grant (including a supplemental
grant) has been made under this title for a project, and
after such grant has been made but before completion of the
project the cost of such project based upon the designs and
specifications which were the basis of the grant has
decreased because of decreases in costs, such underrun funds
may be used to improve the project either directly or
indirectly as determined by the Secretary.''.
SEC. 103. CHANGED PROJECT CIRCUMSTANCES.
Title I of the Public Works and Economic Development Act of
1965 (42 U.S.C. 3131-3137) is further amended by adding at
the end the following:
``SEC. 108. CHANGED PROJECT CIRCUMSTANCES.
``In any case where a grant (including a supplemental
grant) has been made under this title for a project, and
after such grant has been made but before completion of the
project the purpose or scope of such project based upon the
designs and specifications which were the basis of the grant
has changed, the Secretary may approve the use of grant funds
on such changed project if the Secretary determines that such
changed project meets the requirements of this title and that
such changes are necessary to enhance economic development in
the area.''.
SEC. 104. OTHER FINANCIAL ASSISTANCE.
(a) Public Works and Development Facility Loans.--
(1) Eligible applicants.--Section 201(a) of the Public
Works and Economic Development Act of 1965 (42 U.S.C.
3141(a)) is amended in the matter preceding paragraph (1) by
striking ``representing any redevelopment area or part
thereof'' and inserting ``acting in cooperation with
officials of local governments''.
(2) Criteria.--Section 201(a)(1)(C) of such Act (42 U.S.C.
3141(a)(1)(C)) is amended by striking ``or otherwise
substantially further the objectives of the Economic
Opportunity Act of 1964''.
(b) Terms and Conditions.--Section 202(b) of such Act (42
U.S.C. 3142(b)) is amended--
(1) in paragraph (6) by striking ``it is determined'' and
inserting ``the Secretary determines''; and
(2) in paragraph (7) by striking ``hereunder for a period''
and all that follows through ``the foregoing restrictions on
maturities'' and inserting ``under this section for a term of
maturity of more than 25 years and no evidences of
indebtedness which matures more than 25 years after the date
of purchase may be purchased under this section; except that
this paragraph''.
(c) Redevelopment Area Loan Program.--Title II of such Act
(42 U.S.C. 3141-3144) is amended by striking section 204.
SEC. 105. TECHNICAL ASSISTANCE, RESEARCH, AND INFORMATION.
(a) Technical Assistance.--
(1) Urban areas with populations of 400,000 or less.--
Section 301(a) of the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3151(a)) is amended by adding at the
end the following: ``In providing assistance under this
subsection, the Secretary shall take into consideration the
unique development needs of urban areas with populations of
400,000 or less.''.
(2) Grants for administrative expenses.--The last sentence
of section 301(b) of such Act (42 U.S.C. 3151(b)) is amended
by striking ``urban planning grants, authorized under the
Housing Act of 1954, as amended,'' and inserting ``planning
activities described in section 105(a)(13) of the Housing and
Community Development Act of 1974''.
(3) Repeals.--Section 301 of such Act (42 U.S.C. 3151) is
amended by striking subsections (c), (e), and (f) and
redesignating subsection (d) as subsection (c).
(b) Economic Development Planning.--
(1) Direct grants.--The 7th sentence of section 302(a) of
such Act (42 U.S.C. 3151a(a)) is amended by striking ``and
shall be available'' and all that follows before the period
at the end.
(2) Technical assistance.--Section 302 of such Act (42
U.S.C. 3151a) is amended by striking subsection (b) and
redesignating subsection (c) as subsection (b).
(3) Use of other planning assistance.--Section 302(b) of
such Act, as redesignated by paragraph (2) of this
subsection, is amended by striking ``shall be used in
accordance with the review procedure required pursuant to
title IV of the Intergovernmental Cooperation Act of 1968
and''.
(c) Authorization of Appropriations.--Section 303 of such
Act (42 U.S.C. 3152) is amended to read as follows:
``SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this
title $37,100,000 for fiscal year 1994 and $50,000,000 per
fiscal year for each of fiscal years 1995 and 1996. Such sums
shall remain available until expended.''.
(d) Supplemental and Basic Grants.--Title III of such Act
(42 U.S.C. 3151-3153) is amended by striking section 304.
SEC. 106. BUSINESS OUTREACH CENTER DEMONSTRATION PROJECT.
Title III of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3151-3153) is amended by adding at the end
the following:
``SEC. 304. BUSINESS OUTREACH CENTER DEMONSTRATION PROJECT.
``(a) In General.--The Secretary shall conduct a project in
each of fiscal years 1994 through 1996 with funds made
available under this title for the purpose of demonstrating
methods of assisting isolated small businesses to access
small business services provided by Federal, State, and local
governments.
``(b) Establishment of Centers.--In conducting the
demonstration project under this section, the Secretary shall
establish 3 business outreach centers. At least 1 of the
centers shall be located in a rural area.
``(c) Purpose of Centers.--It shall be the purpose of each
business outreach center established under this section--
``(1) to provide a one-stop clearinghouse to assist
isolated small businesses in accessing small business
services provided by Federal, State, and local governments;
and
``(2) to improve efficiency in the delivery of such
services.
``(d) Services To Be Provided.--Each business outreach
center established under this section shall provide the
following services:
``(1) Outreach to isolated small businesses.
``(2) Assessment of the need of isolated small businesses
for assistance services.
``(3) Referral of isolated small businesses to small
business assistance agencies.
``(4) Preparation of materials required by isolated small
businesses for participation in small business assistance
programs.
``(5) Case management to assure follow-up and quality
control of business services.
``(6) Coordination of networking among isolated small
businesses.
``(7) Quality control of small business assistance
services.
``(e) Isolated Small Business Defined.--For the purposes of
this section, the term `isolated small business' means a
small business that is unable to effectively access small
business services provided by Federal, State, and local
governments due to linguistic, cultural, or geographic
barriers.''.
SEC. 107. OFFICE OF STRATEGIC ECONOMIC DEVELOPMENT PLANNING
AND POLICY.
Title III of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3151-3153) is further amended by adding at
the end the following:
``SEC. 305. OFFICE OF STRATEGIC ECONOMIC DEVELOPMENT PLANNING
AND POLICY.
``(a) Establishment.--The Secretary shall establish an
Office of Strategic Economic Development Planning and Policy
(hereafter in this section referred to as `the Office').
``(b) Duties.--The duties of the head of the Office are as
follows:
``(1) Research, evaluation, and demonstration.--To support
research, evaluation, and demonstration projects to study and
assess best practices in economic development and to examine
trends and changes in economic conditions that affect
regional development.
``(2) Policy development.--To develop recommendations on
both short- and long-term policies regarding economic
development issues and programs, to help foster the diffusion
of innovative, best practices in economic development
throughout the Department of Commerce.
``(3) Coordination.--To take a leading role in developing
and promoting means for greater coordination among States,
regions, and local communities in the design and
implementation of economic development strategies, and to
work in conjunction with Federal agencies on developing and
implementing means for reducing fragmentation and increase
coordination among Federal programs that provide economic
development assistance.
``(c) Research in Causes of Long-Term Economic
Deterioration.--
``(1) In general.--To assist in the long-range
accomplishment of the purposes of this Act, the Secretary, in
cooperation with other agencies having similar functions,
shall establish and conduct a continuing program of study,
training, and research--
``(A) to assist in determining the causes of unemployment,
underemployment, under- development, and chronic depression
in the various areas and regions of the Nation;
``(B) to assist in the formulation and implementation of
national, State, and local programs which will raise income
levels and otherwise produce solutions to the problems
resulting from these conditions; and
``(C) to assist in providing the personnel needed to
conduct such programs.
``(2) Manner of providing study, assistance.--The program
of study, training, and research may be conducted by the
Secretary through--
``(A) members of the Secretary's staff;
``(B) the payment of funds authorized for this section to
other departments or agencies of the Federal Government;
[[Page 827]]
``(C) the employment of private individuals, partnerships,
firms, corporations, or suitable institutions;
``(D) contracts entered into for such purposes;
``(E) grants to such individuals, organizations, or
institutions as the Secretary determines to be appropriate;
or
``(F) conferences and similar meetings organized for such
purposes.
``(3) Availability of results of research.--The Secretary
shall make available to interested individuals and
organizations the results of such research.
``(4) Annual report of secretary.--The Secretary shall
include in the annual report under section 705 a detailed
statement concerning the study and research conducted under
this section, together with the Secretary's findings and
conclusions and such recommendations for legislative and
other action as the Secretary may consider appropriate.
``(d) Geographic Analysis Tool.--
``(1) In general.--The Secretary shall, in cooperation with
other appropriate Federal agencies develop a computerized
geographic analysis tool that all Federal departments and
agencies and grant recipients may use to evaluate the success
of these programs.
``(2) Report.--Not later than 6 months after the date of
the enactment of the Economic Development Reauthorization Act
of 1994, the Secretary shall transmit to Congress a report on
use of the computerized geographic analysis tool developed
pursuant to paragraph (1) by Federal departments and
agencies.
``(e) Independent Advisory Committee.--The Secretary shall
establish an advisory committee made up of representatives
from major State, local, and nonprofit economic development
organizations as well as nationally recognized experts on
innovative approaches to economic development to advise and
make recommendations to the Office.
``(f) Federal Coordinating Council for Economic
Development.--
``(1) In general.--The Secretary shall establish a Federal
Coordinating Council for Economic Development (hereafter in
this section referred to as the `Council').
``(2) Composition of council.--The Council shall be
composed of representatives from Federal agencies involved in
matters that affect regional economic development.
``(3) Duties.--The Council shall assist in providing a
unifying framework for economic and regional development
efforts and develop a governmentwide strategic plan for
economic development.
``(g) Grants and Contracts for Demonstration Projects;
Purposes.--The Secretary may make grants, enter into
contracts, or otherwise provide funds for any demonstration
project in an eligible area which the Secretary determines is
designed to foster regional productivity and growth, prevent
outmigration, and otherwise carry out the purposes of this
Act.''.
SEC. 108. OFFICE OF ECONOMIC DEVELOPMENT INFORMATION.
Title III of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3151-3153) is further amended by adding at
the end the following:
``SEC. 306. OFFICE OF ECONOMIC DEVELOPMENT INFORMATION.
``(a) Establishment.--The Secretary shall establish the
Office of Economic Development Information (hereafter in this
section referred to as the `Office') within the Office of
Strategic Economic Development Planning and Policy.
``(b) Duties.--The duties of the head of the Office shall
be--
``(1) to serve as a central information clearinghouse on
matters relating to economic development, economic
adjustment, industrial retention, disaster recovery, and
defense conversion programs and activities of the Federal and
State governments, including political subdivisions of the
States; and
``(2) to help potential and actual applicants for economic
development, economic adjustment, disaster recovery,
industrial retention, and defense conversion assistance under
Federal, State, and local laws in locating and applying for
such assistance, including financial and technical
assistance.
``(c) Information Data Bases.--
``(1) Uses.--The Office shall develop information data
bases for use by Federal departments and agencies. State and
local governmental agencies, public and private entities, and
individuals to assist such agencies, entities, and
individuals in the process of identifying and applying for
assistance and resources under economic development, economic
adjustment, disaster recovery, industrial retention, and
defense conversion programs and activities of the Federal,
State, and local governments.
``(2) Specific kinds of information required to be
included.--The data bases shall include the following kinds
of information:
``(A) A comprehensive compilation of all relevant
information concerning available economic development,
economic adjustment, disaster recovery, industrial retention,
and defense conversion programs of the Federal Government
including key contact people, descriptions of the application
process, eligibility requirements and criteria, selection and
followup procedures, and other such relevant information.
``(B) A compilation of major State and local governmental
economic development, economic adjustment, disaster relief,
industrial retention, and defense conversion assistance
programs, including lists of appropriate offices, officers,
and contact personnel connected with, or involved in, such
programs.
``(C) A compilation of relevant and available economic data
and trends, including information about the national,
regional, and local impacts of trade agreements, defense
spending and downsizing, technological change, and other
sources of substantial economic dislocation.
``(D) A compilation of case studies and `best practices' in
economic development, adjustment, and conversion.
``(E) A compilation of technology utilization programs,
assistance, and resources.
``(F) A compilation of published works (books, reports,
articles, videos, and tapes), and selected texts of such
works, related to all facets of economic development,
economic adjustment and defense conversion.
``(G) A compilation of information on case studies on early
warning and intervention efforts.
``(3) Points of public access.--
``(A) In general.--The Office shall establish several
mechanisms to assure easy access by the public and others to
such data bases, and to assure that the data bases be as
accessible, user-friendly, culturally neutral, and affordable
as possible.
``(B) Means of access.--Access to the Office's data
services shall include the following means:
``(i) A toll-free nationwide telephone number to provide
direct phone access to the public.
``(ii) On-line electronic access through existing computer
network services and publicly available computer data base
access facilities, such as at repository libraries and by
direct call-in via modem.
``(iii) Printed manuals and orientation materials.
``(iv) Periodic orientation workshops available to the
public.
``(v) On-call information specialists to address special
problems requiring person-to-person assistance.
``(d) Interagency Coordination.--The Secretary shall enter
into such agreements and understandings as may be necessary
with other Federal departments and agencies to coordinate the
accomplishment of the objectives of this section.''.
SEC. 109. AREA ELIGIBILITY.
(a) In General.--Title IV of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3161-3173) is amended by
striking the heading to such title and all that follows
through section 401 and inserting the following:
``TITLE IV--ELIGIBILITY AND INVESTMENT STRATEGIES
``PART A--ELIGIBILITY
``SEC. 401. AREA ELIGIBILITY.
``(a) Certification.--In order to be eligible for
assistance under title I or II, an applicant seeking
assistance to undertake a project in an area shall certify,
as part of an application for such assistance, that the area
on the date of submission of such application meets 1 or more
of the following criteria:
``(1) The area has a per capita income of 80 percent or
less of the national average.
``(2) The area has an unemployment rate 1 percent above the
national average percentage for the most recent 24-month
period for which statistics are available.
``(3) The area has experienced or is about to experience a
sudden economic dislocation resulting in job loss that is
significant both in terms of the number of jobs eliminated
and the effect upon the employment rate of the area.
``(4) The area is a community or neighborhood (defined
without regard to political or other subdivisions or
boundaries) which the Secretary determines has 1 or more of
the following conditions:
``(A) A large concentration of low-income persons.
``(B) Rural areas having substantial out-migration or
substantial economic deterioration and unemployment.
``(C) Substantial unemployment.
``(b) Documentation.--A certification made under subsection
(a) shall be supported by Federal data, when available, and
in other cases by data available through the State
government. Such documentation shall be accepted by the
Secretary unless it is determined to be inaccurate. The most
recent statistics available shall be used.
``(c) Special Rule.--An area which the Secretary determines
has 1 or more of the conditions described in subsection
(a)(4)--
``(1) shall not be subject to the requirements of
subparagraphs (A) and (C) of section 101(a)(1); and
``(2) shall not be eligible to meet the requirements of
section 403(a)(1)(B).
``(d) Prior Designations.--Any designation of a
redevelopment area under this title made before the date of
the enactment of the Economic Development Reauthorization Act
of 1994 shall not be effective after such date of enactment.
``(e) Definition.--For purposes of this Act, the term
`large concentration of low-income persons' means an area
with a median family income of not more than 80 percent of
the national median family income.''.
(b) Conforming Amendments.--
(1) Title i.--Title I of such Act (42 U.S.C. 3131-3137) is
amended--
(A) in section 101(a)(1) in the matter preceding
subparagraph (A) by striking ``within a redevelopment area''
and inserting ``within an area described in section 401(a)'';
(B) in section 101(a)(1)(D) by striking ``a redevelopment
area so designated under sec-
[[Page 828]]
tion 401(a)(6)'' and inserting ``an area described in section
401(a)(4)'';
(C) in section 101(a)(2) by striking ``within redevelopment
areas'' and inserting ``within areas described in section
401(a)'';
(D) in each of the 2d and 3d sentences of section 101(c) by
striking ``a redevelopment area designated as such under
section 401(a)(6) of this Act'' and inserting ``an area
described in section 401(a)(4)''; and
(E) in the 5th sentence of section 101(c) by striking
``redevelopment areas'' and inserting ``areas described in
section 401(a)''.
(2) Title ii.--Title II of such Act (42 U.S.C. 3141-3144)
is amended--
(A) in section 201(a) in the matter preceding paragraph (1)
by striking ``within a redevelopment area'' and inserting
``within an area described in section 401(a)'';
(B) in each of paragraphs (1) and (3) of section 202(a) by
striking ``within a redevelopment area'' and inserting
``within an area described in section 401(a)''; and
(C) in section 202(b)(3) by striking ``redevelopment''.
(3) Title iii.--Title III of such Act (42 U.S.C. 3151-3153)
is amended--
(A) in section 301(a) by striking ``(1) to areas which he
has designated as redevelopment areas under this Act, and (2)
to other areas which he finds'' and inserting ``(1) to areas
which the Secretary determines are areas described in section
401(a), and (2) to other areas which the Secretary finds'';
(B) in section 301(c), as redesignated by section 105(a) of
this Act, by striking ``redevelopment areas'' both places it
appears and inserting ``areas described in section 401(a)'';
(C) in the 1st sentence of section 302(a) by striking ``a
redevelopment area'' and inserting ``an area described in
section 401(a)''; and
(D) in the 2d sentence of section 302(a) by striking
``redevelopment areas'' and inserting ``areas described in
section 401(a)''.
(4) Title iv.--Title IV of such Act (42 U.S.C. 3161-3173)
is amended--
(A) in each of subparagraphs (A) and (B) of section
403(a)(1) by striking ``redevelopment area'' and inserting
``area described in section 401(a)'';
(B) in section 403(a)(1)(C) by striking ``redevelopment
areas'' and inserting ``areas described in section 401(a)'';
(C) in section 403(a)(4) in the matter preceding
subparagraph (A) by striking ``redevelopment areas
(designated under section 401)'' and inserting ``areas
described in section 401(a)'';
(D) in section 403(a)(4)(A) by striking ``redevelopment
area'' and inserting ``area described in section 401(a)'';
and
(E) in section 403(h), as redesignated by section 111(c) of
this Act, by striking ``a redevelopment area'' each place it
appears and inserting ``an area described in section
401(a)''.
(5) Title ix.--Section 902 of such Act (42 U.S.C. 3242) is
amended by striking ``a redevelopment area or economic
development district established under title IV of this Act''
and inserting ``an area described in section 401(a) or an
economic development district designated under section 403''.
SEC. 110 INVESTMENT STRATEGY.
(a) In General.--Section 402 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3162) is amended
to read as follows:
``SEC. 402. INVESTMENT STRATEGY.
``The Secretary may provide assistance under title I or II
to an applicant for a project to be undertaken in an area
described in section 401(a) only if the applicant submits to
the Secretary, as part of an application for such assistance,
and the Secretary approves an investment strategy which--
``(1) identifies the economic development problems to be
addressed using such assistance;
``(2) identifies past, present, and projected future
economic development investments in such area and public and
private participants and sources of funding for such
investments;
``(3) sets forth a strategy for addressing the economic
problems identified pursuant to paragraph (1) and describes
how the strategy will solve such problems;
``(4) provides a description of the project necessary to
implement the strategy, estimates of costs, and timetables;
and
``(5) provides a summary of public and private resources
expected to be available for the project.''.
(b) Elimination of Overall Economic Development Program.--
Section 202(b) of such Act (42 U.S.C. 3142(b)) is amended by
striking paragraph (10).
(c) Conforming Amendments.--
(1) Title i.--Subparagraph (C) of section 101(a)(1) of such
Act (42 U.S.C. 3131(a)(1)) is amended to read as follows:
``(C) the area for which the project is to be undertaken
has an approved investment strategy as provided by section
402 and such project is consistent with such strategy; and''.
(2) Title ii.--Paragraph (5) of section 201(a) of such Act
(42 U.S.C. 3141(a)) is amended to read as follows:
``(5) such area has an approved investment strategy as
provided by section 402 and the project for which financial
assistance is sought is consistent with such strategy.''.
(3) Title iii.--Section 302(a) of such Act (42 U.S.C.
3151a(a)) is amended--
(A) in the 4th sentence by striking ``overall State
economic development plan'' and inserting ``State investment
strategy'';
(B) in the 5th sentence--
(i) by striking ``plan'' each place it appears and
inserting ``strategy''; and
(ii) by striking ``plans'' each place it appears and
inserting ``strategies''; and
(C) in the 6th sentence by striking ``Any overall State
economic development planning'' and inserting ``Development
of any State investment strategy''.
(4) Title iv.--Section 403 of such Act (42 U.S.C. 3171) is
amended--
(A) in each of subsections (a)(1)(C), (a)(1)(D), (a)(2)(A),
(a)(3)(A), (a)(4)(B), and (e) by striking ``overall economic
development program'' and inserting ``investment strategy'';
(B) in subsection (a)(1)(D) by striking ``program'' the
second place it appears and inserting ``strategy''; and
(C) in each of subsections (b) and (b)(2)(B) by striking
``overall economic development programs'' and inserting
``investment strategies''.
SEC. 111. ECONOMIC DEVELOPMENT DISTRICTS.
(a) Economic Development District Defined.--Section 403(d)
of the Public Works and Economic Development Act of 1965 (42
U.S.C. 3171(d)) is amended by adding at the end the
following: ``Such term includes any economic development
district designated by the Secretary under this section
before the date of the enactment of the Economic Development
Reauthorization Act of 1994.''.
(b) Funding.--Section 403(g) of such Act (42 U.S.C.
3171(g)) is amended to read as follows:
``(g) Funding.--Amounts authorized to be appropriated under
other sections of this Act shall be available for purposes of
carrying out subsections (a)(3) and (a)(4).''.
(c) Repeal.--Section 403 of such Act (42 U.S.C. 3162) is
amended by striking subsections (h) and (i) and redesignating
subsection (j) as subsection (h).
(d) Unemployment Rate Determinations.--Title IV of such Act
(42 U.S.C. 3161-3173) is amended by striking part D.
SEC. 112. ADMINISTRATION.
(a) In General.--Section 601 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3201) is amended
to read as follows:
``SEC. 601. APPOINTMENT OF ASSISTANT SECRETARY OF COMMERCE
FOR ECONOMIC DEVELOPMENT; COMPENSATION.
``(a) Administration of Act.--The Secretary shall, with the
assistance of an Assistant Secretary of Commerce, administer
this Act.
``(b) Appointment of Assistant Secretary.--
``(1) In general.--The Assistant Secretary whose position
is established under subsection (a) shall be appointed by the
President, by and with the advice and consent of the Senate.
``(2) Duties.--The Assistant Secretary appointed under
paragraph (1) shall perform such functions as the Secretary
may prescribe.''.
(b) Advisory Committee on Regional Economic Development.--
Title VI of such Act (33 U.S.C. 3201-3204) is amended by
striking section 602 and redesignating sections 603 and 604
as sections 602 and 603, respectively.
SEC. 113. EXPEDITED PROCESSING OF APPLICATIONS.
Title VI of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3201-3204) is amended by adding at the end
the following:
``SEC. 604. EXPEDITED PROCESSING OF APPLICATIONS.
``(a) Guidelines.--Not later than 60 days after the date of
the enactment of this section, the Assistant Secretary for
Economic Development shall--
``(1) publish guidelines to expedite the processing of
applications for assistance under this Act; and
``(2) transmit to Congress a report containing such
guidelines.
``(b) Contents.--Guidelines to be published under
subsection (a) shall, at a minimum, provide for the
following:
``(1) Increased reliance on self-certification by
applicants to establish compliance with other Federal laws.
``(2) Greater use of uniform application forms and
procedures.
``(3) Delegation of decisionmaking authority to regional
offices.
``(4) Reduction in the time and number of reviews conducted
by other offices of the Department of Commerce.''.
SEC. 114. UNIFORM APPLICATION FORM.
Title VI of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3201-3204) is further amended by adding at
the end the following:
``SEC. 605. UNIFORM APPLICATION FORM.
``(a) Development.--The Secretary shall, in cooperation
with the heads of appropriate Federal departments and
agencies, develop a general, simplified application form for
grant assistance under this Act which may be used by all
Federal departments and agencies which provide grant
assistance.
``(b) Report.--Not later than 6 months after the date of
the enactment of this section, the Secretary shall transmit
to Congress a report on use of the form developed pursuant to
subsection (a) by Federal departments and agencies.''.
SEC. 115. STUDY OF GRANT SELECTION CRITERIA.
Title VI of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3201-3204) is further amended by adding at
the end the following:
``SEC. 606. STUDY OF GRANT SELECTION CRITERIA.
``(a) Development of Method.--The Secretary shall develop
recommendations for prioritizing applications and awarding
funding for projects under this Act based on the relative
needs of eligible areas and the ca-
[[Page 829]]
pacity of an applicant to carry out a project, including the
ability of the applicant to leverage or attract funding from
the private sector and to coordinate or create partnerships
with other eligible recipients.
``(b) Consideration.--In developing a method under
subsection (a), the Secretary shall consider the different
objectives of each title of this Act.
``(c) Report to Congress.--Not later than 1 year after the
date of the enactment of this section, the Secretary shall
transmit to Congress a report containing recommendations
developed under subsection (a).''.
SEC. 116. PERFORMANCE EVALUATIONS OF GRANT RECIPIENTS.
Title VI of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3201-3204) is further amended by adding at
the end the following:
``SEC. 607. PERFORMANCE EVALUATIONS OF GRANT RECIPIENTS.
``(a) In General.--At least once every 2 years, the
Secretary shall conduct an evaluation of each university
center and economic development district receiving grant
assistance under this Act to assess the recipient's
performance and contribution toward job creation.
``(b) Criteria.--
``(1) Establishment.--The Secretary shall establish
criteria for use in conducting evaluations under subsection
(a).
``(2) Criteria for university centers.--The criteria for
evaluation of a university center shall, at a minimum,
provide for an assessment of the center's contribution to
providing technical assistance, conducting applied research,
and disseminating results of the center's activities.
``(3) Criteria for economic development districts.--The
criteria for evaluation of an economic development district
shall, at a minimum, provide for an assessment of management
standards, financial accountability, and program performance.
``(c) Peer Review.--In conducting an evaluation of a
university center under subsection (a), the Secretary shall
provide for the participation of at least one other
university center on a cost-reimbursement basis.''.
SEC. 117. STUDY OF GUARANTEED LOAN PROGRAM.
Title VI of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3241-3245) is further amended by adding at
the end the following:
``SEC. 608. STUDY OF INNOVATIVE ECONOMIC DEVELOPMENT
FINANCING TOOLS.
``(a) Study.--The Secretary shall conduct a study of
innovative economic development financing tools, including a
guaranteed loan program and an equity financing program.
``(b) Conduct.--In conducting the study under subsection
(a), the Secretary shall identify the credit gap which would
be addressed by the programs referred to in subsection (a),
methods to avoid the mistakes of previous guaranteed loan
programs carried out by the Economic Development
Administration, and an expected subsidy rate to be
implemented under such programs.
``(c) Report to Congress.--Not later than 1 year after the
date of the enactment of this section, the Secretary shall
transmit to Congress a report on the results of the study
conducted under this section, together with recommendations
on whether the programs referred to in subsection (a) should
be authorized as part of this Act.''.
SEC. 118. MISCELLANEOUS.
(a) Powers of the Secretary.--Section 701 of the Public
Works and Economic Development Act of 1965 (42 U.S.C. 3211)
is amended--
(1) in paragraph (4)--
(A) by striking ``loans'' the first place it appears and
inserting ``grants or loans''; and
(B) by striking ``loans'' the second place it appears and
inserting ``grants, loans,'';
(2) in paragraph (6) by striking ``loans'' and inserting
``grants or loans'';
(3) in paragraph (7) by striking ``loans'' each place it
appears and inserting ``grants or loans''; and
(4) in paragraph (10)--
(A) by striking ``section 15 of the Administrative Expenses
Act of 1946 (5 U.S.C. 55a).'' and inserting ``section 3109 of
title 5, United States Code,''; and
(B) by striking ``section 5 of such Act (5 U.S.C. 73b-2)''
and inserting ``section 5703 of title 5, United States
Code,''.
(b) Unfair Competition; Savings Provisions.--Title VII of
such Act (42 U.S.C. 3211-3225) is amended by striking
sections 702 and 703 and redesignating sections 704 through
714 as sections 702 through 712, respectively.
(c) Transfer of Functions.--Section 702 of such Act, as
redesignated by subsection (b) of this section, is amended--
(1) in the heading to such section by striking ``,effective
date, and limitations on assistance'' and inserting ``of area
redevelopment administration'';
(2) by striking ``(a) The'' and inserting ``The''; and
(3) by striking subsections (b) through (e).
(d) Use of Other Facilities.--Section 706 of such Act, as
redesignated by subsection (b) of this section, is amended by
adding at the end the following new subsection:
``(d) Funds Transferred From Other Departments and
Agencies.--In order to carry out the objectives of this Act,
the Secretary may accept transfers of funds from other
departments and agencies of the Federal Government if the
funds are used for the purposes for which (and in accordance
with the terms under which) the funds are specifically
authorized and appropriated. Such transferred funds shall
remain available until expended and may be transferred to and
merged with the appropriations under the heading `salaries
and expenses' by the Secretary to the extent necessary to
administer the program.''.
(f) Authorization of Appropriations.--Section 707 of such
Act, as redesignated by subsection (b) of this section, is
amended by striking ``$25,000,000 for the fiscal year ending
September 30, 1992'' and inserting ``$36,000,000 for the
fiscal year ending September 30, 1995''.
(g) Penalties.--Section 708 of such Act, as redesignated by
subsection (b) of this section, is amended--
(1) in subsection (a)--
(A) by striking ``himself'' and inserting ``such person'';
and
(B) by striking ``shall be punished by'' and all that
follows before the period and inserting ``shall be fined
under title 18, United States Code, imprisoned for not more
than 5 years, or both''; and
(2) in subsection (b)--
(A) by striking ``him'' both places it appears and
inserting ``such person''; and
(B) by striking ``shall be punished by'' and all that
follows before the period and inserting ``shall be fined
under title 18, United States Code, imprisoned for not more
than 5 years, or both''.
(h) Rate of Wages.--Section 710 of such Act, as
redesignated by subsection (b) of this section, is amended--
(1) in the 1st sentence by striking ``the Davis-Bacon Act,
as amended (40 U.S.C. 276a-276a-5)'' and inserting ``the Act
of March 3, 1931, known as the Davis-Bacon Act''; and
(2) in the 3d sentence by striking ``Reorganization Plan''
and all that follows before the period and inserting
``Reorganization Plan Numbered 14 of 1950 and section 2 of
the Act of June 13, 1934 (Chapter 482; 48 Stat. 948)''.
(i) Area Redevelopment Act.--Title VII of such Act (42
U.S.C. 3211-3225) is amended by striking section 715 and
redesignating section 716 as section 713.
SEC. 119. ACCEPTANCE OF APPLICANTS' CERTIFICATIONS.
Title VII of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3211-3226) is further amended by adding at
the end the following:
``SEC. 714. ACCEPTANCE OF APPLICANTS' CERTIFICATIONS.
``The Secretary may accept, when deemed appropriate, the
applicants' certifications to meet the requirements of this
Act.''.
SEC. 120. SUPERVISION OF REGIONAL COUNSELS.
Title VII of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3211-3226) is further amended by adding at
the end the following:
``SEC. 715. SUPERVISION OF REGIONAL COUNSELS.
``The Secretary shall take such actions as may be necessary
to ensure that individuals serving as Regional Counsels of
the Economic Development Administration report directly to
their respective Regional Director.''.
SEC. 121. ECONOMIC RECOVERY FOR DISASTER AREAS.
Title VIII of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3231-3236) is repealed.
SEC. 122. SPECIAL ECONOMIC DEVELOPMENT AND ADJUSTMENT
ASSISTANCE.
(a) Eligible Recipient Defined.--Section 902 of the Public
Works and Economic Development Act of 1965 (42 U.S.C. 3242)
is amended--
(1) by striking ``, or'' and inserting ``or''; and
(2) by inserting before the period at the end the
following: ``, or at the discretion of the Secretary a public
or private nonprofit organization or association''.
(b) Grant Authority.--Section 903(a)(1) of such Act (42
U.S.C. 3243(a)(1)) is amended by striking ``unemployment
compensation (in accordance with subsection (d) of this
section), rent supplements, mortgage payment assistance,
research, technical assistance,'' and inserting
``administrative expenses, industrial retention,''.
(c) Grants for Unemployment Compensation.--Section
903(a)(2) of such Act (42 U.S.C. 3243(a)(2)) is amended--
(1) by striking ``(2)(A) Such grants'' and inserting ``(2)
Such grants''; and
(2) by striking subparagraph (B).
(d) Coordination of Activities.--Section 903(c) of such Act
(42 U.S.C. 3243(c)) is amended by striking ``regional
commissions'' and inserting ``other Federal programs''.
(e) Transfer of Funds to Secretary of Labor.--Section 903
of such Act (42 U.S.C. 3243) is amended by striking
subsection (d).
(f) Base Closings and Realignments.--Section 903 of such
Act (42 U.S.C. 3243) is amended by adding at the end the
following new subsection:
``(d) Base Closings and Realignments.--
``(1) Location of projects.--In any case in which the
Secretary determines a need for assistance under subsection
(a) due to the closure or realignment of a military
installation, the Secretary may make such assistance
available for projects to be carried out on the military
installation and for projects to be carried out in
communities adversely affected by the closure or realignment.
``(2) Interest in property.--Notwithstanding any other
provision of law, the Secretary may provide to an eligible
recipient any assistance available under this Act for a
project to be carried out on a military installation that is
closed or scheduled for closure or realignment without
requiring that the eligible recipient have title to the prop-
[[Page 830]]
erty or a leasehold interest in the property for any
specified term.''.
SEC. 123. TREATMENT OF REVOLVING LOAN FUNDS.
Title IX of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3241-3245) is amended--
(1) by redesignating section 905 as section 909; and
(2) by inserting after section 904 the following:
``SEC. 905. TREATMENT OF REVOLVING LOAN FUNDS.
``(a) In General.--Amounts from grants under this title
which are used by an eligible recipient to establish a
revolving loan fund shall not be treated, except as provided
by subsection (b), as amounts derived from Federal funds for
the purposes of any Federal law after such amounts are loaned
from the fund to a borrower and repaid to the fund.
``(b) Exceptions.--Amounts described in subsection (a)
which are loaned from a revolving loan fund to a borrower and
repaid to the fund--
``(1) may only be used for projects which are consistent
with the purposes of this title; and
``(2) shall be subject to the financial management,
accounting, reporting, and auditing standards which were
originally applicable to such amounts.
``(c) Regulations.--Not later than 30 days after the date
of the enactment of this section, the Secretary shall issue
regulations to carry out subsection (a).
``(d) Public Review and Comment.--Before issuing any final
guidelines or administrative manuals governing the operation
of revolving loan funds established using amounts from grants
under this title, the Secretary shall provide reasonable
opportunity for public review of and comment on such
guidelines and administrative manuals.''.
SEC. 124. OUTREACH TO COMMUNITIES ADVERSELY AFFECTED BY
DEFENSE BASE CLOSURES.
Title IX of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3241-3245) is further amended by adding at
the end the following:
``SEC. 906. OUTREACH TO COMMUNITIES ADVERSELY AFFECTED BY
DEFENSE BASE CLOSURES.
``(a) Designation of Agency Representatives.--The Assistant
Secretary for Economic Development shall designate for each
State in which communities are adversely affected by defense
base closures an individual to serve as a representative of
the Economic Development Administration. Such individual may
be the State Economic Development Agency Representative or
another qualified individual.
``(b) Responsibilities.--Individuals appointed as agency
representatives under subsection (a) shall provide outreach
and technical assistance to communities adversely affected by
defense base closures on obtaining assistance from the
Economic Development Administration.''.
SEC. 125. SALE OF FINANCIAL INSTRUMENTS IN REVOLVING LOAN
FUNDS.
Title IX of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3241-3245) is further amended by adding at
the end the following:
``SEC. 907. SALE OF FINANCIAL INSTRUMENTS IN REVOLVING LOAN
FUNDS.
``Any loan, loan guarantee, equity, or other financial
instrument in the portfolio of a Revolving Loan Fund may be
sold, at the discretion of the grantee of the Fund, to a
third party provided that the proceeds of the sale--
``(1) shall be deposited in the Fund and only used for
projects which are consistent with the purposes of this
title, and
``(2) shall be subject to the financial management,
accounting, reporting, and auditing standards which were
originally applicable to the financial instrument.''.
SEC. 126. ECONOMIC DEVELOPMENT CHALLENGE GRANTS DEMONSTRATION
PROJECT.
Title IX of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3241-3245) is further amended by adding at
the end the following:
``SEC. 908. ECONOMIC DEVELOPMENT CHALLENGE GRANTS
DEMONSTRATION PROJECT.
``(a) In General.--In order to study the feasibility and
desirability of using challenge grants to generate new pools
of investment capital in areas suffering from long-term
economic deterioration, the Secretary shall establish a 2-
year demonstration project under which the Secretary shall
provide grants to selected recipients, to be matched by the
recipients 1 dollar for every 2 Federal dollars, for the
purpose of establishing substantially leveraged financing for
business development and other innovative economic
development efforts.
``(b) Federal and Community Contributions.--
``(1) In general.--The Secretary shall grant 2 dollars for
every 1 dollar raised by each selected recipient, up to
$10,000,000 per year per selected recipient.
``(2) Use of other federal funds in conjunction with
challenge grant.--Funds from other Federal programs may be
used in conjunction or merged with the challenge grant and
matching funds to form a larger investment fund.
``(c) Establishment and Use of Funds.--
``(1) Establishment.--For purposes of this Act, an
investment fund established by a selected recipient consists
of--
``(A) the economic development challenge grant received by
the selected recipient;
``(B) the matching funds required under subsection (b); and
``(C) any such other funds that may be derived from other
sources, including other Federal funds.
``(2) Use.--An investment fund shall be used by the
selected recipients for the purposes of generating long-term
sustainable economic development and job growth in areas
identified by the selected recipients, pursuant to the
requirements and limitations of eligibility and performance
in subsections (d), (e), (f), (g) and (h).
``(d) Eligible Recipients.--The Secretary shall make grants
to any eligible recipients for use in an area which must meet
1 or more of the following criteria:
``(1) The area has a per capita income of 80 percent or
less of the national average.
``(2) The area has an unemployment rate 1 percent above the
national average percentage for the more recent 24-month
period for which statistics are available.
``(3) The area has been determined by the Secretary to have
at least 1 of the following conditions:
``(A) A large concentration of low-income persons (as
defined in section 401(e)).
``(B) Areas having substantial outmigration.
``(C) Substantial underemployment or unemployment.
An eligible recipient may include any local government or
group of local governments, economic development district,
Indian tribe, public or private nonprofit organization or
association, community-based organization, business or worker
organization, or any consortium of such entities, that is
able to demonstrate to the satisfaction of the Secretary that
they can carry out the objectives of this program pursuant to
the criteria and requirements established in this section.
``(e) Selection of Demonstration Projects.--
``(1) In general.--The Secretary shall make grants to
selected recipients from 3 areas suffering from long-term
economic distress.
``(2) Distribution.--One selected recipient shall be from a
rural area which has been subjected to long-term economic
distress as a result of a major decline in the region's key
industries, 1 from an area that is a combination of rural,
small metropolitan, and suburban communities, and 1 from an
urban area with excessive unemployment, concentrated poverty,
and high crime.
``(3) Industrial retention strategy requirement.--Of the 3
recipients described in paragraph (2), at least 1 of the
projects selected shall include an industrial retention
strategy. The selected recipient from a rural area shall not
be required to have an industrial retention strategy.
``(f) Grant Selection Process.--
``(1) National competition.--The Secretary shall select
recipients of the challenge grants through a nationally
competitive process.
``(2) Eligibility requirement.--Each selected recipient
must submit a comprehensive strategy for generating
sustained, long-term economic growth and for both preserving
and creating high-quality jobs.
``(3) Preference for certain projects.--The Secretary shall
give preference to eligible recipients which--
``(A) utilize the Federal grant plus matching funds to
further leverage private and public capital to create an even
larger economic development investment fund;
``(B) represent consortia or partnerships comprised of at
least 2 or more of the groups identified in subsection (d);
or
``(C) intend to use their investment funds to finance or
leverage financing for new business development and startups,
industrial services, industrial modernization of local-based
firms or industrial retention (including employee stock
ownership plans and worker or management buyouts), or other
economic development strategies that illustrate `best
practices' in economic development.
``(4) Broad-based participation to be encouraged.--The
Secretary shall strongly encourage broad-based participation
of public and private entities within an area in the
development and implementation of the challenge grant
proposals submitted by eligible recipients.
``(g) Limitations.--The investment funds established by the
selected recipients shall--
``(1) not be used to permit units of State and local
government to offer tax inducements to attract businesses to
locate in the area; and
``(2) be subject to the same conditions described in
section 202(b)(1).
No area may receive an economic development challenge grant
if it has been designated an empowerment or enterprise
community under section 13301 of the Omnibus Budget
Reconciliation Act of 1993.
``(h) Performance Evaluations; Report to Congress.--
``(1) Evaluation of effectiveness.--The Secretary shall
conduct performance evaluations of the demonstration
challenge grant project to assess the effectiveness of this
kind of program in generating sustained economic growth and
job creation in areas of the Nation experiencing long-term
economic distress.
``(2) Report.--Based on the evaluations conducted pursuant
to paragraph (1), the Secretary shall submit an annual report
to Congress with recommendations for expansion, modification
or termination of the program.
``(i) Authorization of Appropriations.--Of the funds
authorized to be appropriated under section 909, there are
authorized to be
[[Page 831]]
appropriated $25,000,000 per fiscal year for fiscal years
1995 and 1996 to carry out this section. Such sums shall
remain available until expended.''.
SEC. 127. AUTHORIZATION OF APPROPRIATIONS.
Section 909 of the Public Works and Economic Development
Act of 1965, as redesignated by section 122 of this Act, is
amended to read as follows:
``SEC. 909. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated
to carry out this title $115,542,000 for fiscal year 1994 and
$81,000,000 per fiscal year for each of fiscal years 1995 and
1996. Such sums shall remain available until expended.
``(b) Set-Aside for Defense Conversion Activities.--Of
amounts appropriated pursuant to subsection (a) for fiscal
year 1994, not less than $80,000,000 shall be available for
purposes of assisting eligible recipients in activities
related to defense conversion.
``(c) Additional Amounts.--In addition to the
appropriations authorized by subsection (a), there are
authorized to be appropriated to carry out this title such
sums as may be necessary to provide assistance for defense
conversion activities and to provide assistance in the case
of a natural disaster. Such sums shall remain available until
expended.''.
SEC. 128. REFERENCES TO THE SECRETARY.
(a) References to ``He''.--The Public Works and Economic
Development Act of 1965 (42 U.S.C. 3121 et seq.) is amended
by striking ``he'' and inserting ``the Secretary'' in each of
the following:
(1) Section 101(a)(1).
(2) The 4th sentence of section 101(c).
(3) Section 201(a).
(4) Section 202(b)(5).
(5) Section 202(b)(9)(B).
(6) The 1st sentence of section 301(b).
(7) Section 602(b), as redesignated by section 112(b) of
this Act.
(8) Section 701(2).
(9) Section 701(4).
(10) Section 701(12)
(11) Section 706, as redesignated by section 117(b) of this
Act.
(b) References to ``His''.--Such Act is further amended by
striking ``his'' and inserting ``the Secretary's'' in each of
the following:
(1) The 3d and 4th sentences of section 301(a).
(2) Section 701(4).
(3) Section 705, as redesignated by section 117(b) of this
Act.
(4) Section 903(c).
(c) References to ``Him''.--Such Act is further amended by
striking ``him'' and inserting ``the Secretary'' in each of
the following:
(1) Section 602(b), as redesignated by section 112(b) of
this Act.
(2) Section 701(4) each place it appears.
(3) Section 701(6).
(4) Section 701(7) both places it appears.
(5) Section 701(9) both places it appears.
(d) Other References.--Such Act is further amended--
(1) in section 701 in the matter preceding paragraph (1) by
striking ``his duties'' and inserting ``the duties of the
Secretary'';
(2) in section 701(4) by striking ``he shall determine''
and inserting ``the Secretary determines'';
(3) in section 701(6) by striking ``he shall determine''
and inserting ``the Secretary shall determine''; and
(4) in section 701(11) by striking ``his property'' and all
that follows before the semicolon and inserting ``the
Secretary's property''.
SEC. 129. COMPLIANCE WITH BUY AMERICAN ACT.
None of the funds made available under this title, or any
amendment made by this title, may be expended in violation of
sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C.
10a-10c; popularly known as the ``Buy American Act''), which
are applicable to those funds. The Secretary of Commerce
shall provide to each recipient of such funds notice of the
requirements specified in this section and information on
methods to comply with such requirements.
SEC. 130. REGULATORY RELIEF.
The Administrator shall, upon petition from an entity
impacted adversely by Federal regulations on matters of
economic development as described in this Act, notify the
departments and agencies involved with promulgating and
administering those regulations and suggest to those
departments and agencies that regulations be waived which
interfere with economic development. Nothing in this section
shall affect the ability of the Administrator to carry out
his duties otherwise provided by law.
TITLE II--APPALACHIAN REGIONAL DEVELOPMENT
SEC. 201. FINDINGS AND PURPOSES.
Section 2 of the Appalachian Regional Development Act of
1965 (40 U.S.C. App. 2) is amended--
(1) in subsection (a) by striking the period at the end of
the 6th sentence and inserting ``and in severely distressed
and underdeveloped counties and areas lacking resources for
basic services.''; and
(2) by adding at the end the following new subsection:
``(c) The Congress further finds and declares that, while
substantial progress has been made in fulfilling many of the
objectives of this Act, rapidly changing national and global
economics over the past decade have created new problems and
challenges for rural areas throughout the Nation and
especially for the Appalachian region. Thus, the problems of
the region are not only to provide the infrastructure
necessary to economic and human resource development, to
develop its industry, and to generate a diversified regional
economy, but to make the region's industrial and commercial
resources more competitive in national and world markets. It
is, therefore, also the purpose of this Act to provide a
framework for coordinating Federal, State, and local
initiatives to respond to the economic competitive challenge
through improving the skills of the region's manpower,
adapting and applying new technologies for the region's
businesses, and improving the access of the region's
businesses to the technical and financial resources necessary
to their development while continuing to address the need to
provide basic services for the more disadvantaged areas of
the region so as to provide a fairer opportunity for the
people of the region to share the quality of life generally
enjoyed by citizens across this Nation.''.
SEC. 202. MEETINGS.
Section 101 of the Appalachian Regional Development Act of
1965 (40 U.S.C. App. 101) is amended--
(1) in subsection (a) by adding at the end the following:
``The Commission shall conduct at least one meeting each year
with the presence of the Federal Cochairman and at least a
majority of the State members. The Commission may conduct
such additional meetings by electronic means as the
Commission considers advisable.'';
(2) at the end of the third sentence of subsection (b) by
striking ``present''; and
(3) at the end of the fourth sentence of subsection (c) by
striking ``to be present''.
SEC. 203. AUTHORIZATIONS FOR ADMINISTRATIVE EXPENSES.
Section 105(b) of the Appalachian Regional Development Act
of 1965 (40 U.S.C. App. 105(b)) is amended to read as
follows:
``(b) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $3,400,000 for fiscal year 1994 and
$3,600,000 per fiscal year for each of fiscal years 1995 and
1996. Such sums shall remain available until expended.
``(2) Expenses of federal cochairman.--Of amounts
appropriated pursuant to paragraph (1), not to exceed
$1,102,000 for fiscal year 1994 and not to exceed $1,500,000
per fiscal year for each of fiscal years 1995 and 1996 shall
be available for expenses of the Federal Cochairman, the
Federal Cochairman's alternate, and the Federal Cochairman's
staff.''.
SEC. 204. EXTENSION OF LEASE TERMS.
Section 106(7) of the Appalachian Regional Development Act
of 1965 (40 U.S.C. App. 106(7)) is amended by striking
``1982'' and inserting ``1996''.
SEC. 205. HIGHWAY SYSTEM.
(a) Authorization of Appropriations.--Section 201(g) of the
Appalachian Regional Development Act of 1965 (40 U.S.C. App.
201(g)) is amended to read as follows:
``(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $160,000,000 for
fiscal year 1994, $100,000,000 for each of fiscal years 1995
and 1996, and such additional sums as may be necessary for
each of fiscal years 1995 and 1996. Such sums shall remain
available until expended.''.
(b) Federal Share.--
(1) General rule.--Section 201(h)(1) of such Act (40 U.S.C.
App. 201(h)(1)) is amended by striking ``70 per centum'' and
inserting ``80 percent''.
(2) Applicability.--The amendment made by paragraph (1)
shall apply to projects approved after March 31, 1979.
SEC. 206. SUPPLEMENTS TO FEDERAL GRANT-IN-AID PROGRAMS.
(a) Availability of Amounts.--The first sentence of section
214(a) of the Appalachian Regional Development Act of 1965
(40 U.S.C. App. 214(a)) is amended by striking ``the
President is authorized to provide funds to the Federal
Cochairman to be used'' and inserting ``the Federal
Cochairman may use amounts made available under this
section''.
(b) Federal Grant-in-Aid Programs Defined.--The first
sentence of section 214(c) of such Act (40 U.S.C. App.
214(c)) is amended by striking ``on or before December 31,
1980,''.
(c) Limitation on Covered Road Projects.--The second
sentence of section 214(c) of such Act is amended by
inserting ``authorized by title 23, United States Code''
after ``road construction''.
SEC. 207. PROGRAM DEVELOPMENT CRITERIA.
(a) Considerations.--Section 224(a) of the Appalachian
Regional Development Act of 1965 (40 U.S.C. App. 224(a)) is
amended by inserting before the semicolon at the end of
paragraph (1) the following: ``or in a severely distressed
and underdeveloped county or area lacking resources for basic
services''.
(b) Removal of Limitations.--Section 224(b) of such Act (40
U.S.C. App. 224(b)) is amended to read as follows:
``(b) Limitation.--No financial assistance shall be
authorized under this Act to be used to assist establishments
relocating from one area to another.''.
SEC. 208. GRANTS FOR ADMINISTRATIVE EXPENSES AND
DEMONSTRATION PROJECTS.
(a) Availability of Amounts.--Section 302(a) of the
Appalachian Regional Development Act of 1965 (40 U.S.C. App.
302(a)) is amended--
(1) by striking ``The President'' and inserting ``The
Commission''; and
(2) in paragraphs (1), (2), and (3) by striking ``to the
Commission'' each place it appears.
[[Page 832]]
(b) Research and Demonstration Projects.--Section 302(a)(3)
of such Act (40 U.S.C. App. 302(a)(3)) is amended--
(1) by inserting after ``technical assistance'' the
following: ``(including technical assistance for business
development and stabilization and application of technologies
(including telecommunication technologies) and productivity
improvement)'';
(2) by inserting after ``training programs'' the following:
``(including on-site employee training and programs to
upgrade employability of the region's people)''; and
(3) by inserting after ``demonstrations'' the following:
``(including demonstrations of service consolidations and
other methods of increasing efficiency of local governments,
the establishment and operation by States, public agencies,
or nonprofit development organizations of revolving funds for
business assistance loans, the establishment and operation of
business incubators and the provision of industrial
facilities and equipment by public agencies and nonprofit
organizations on such terms (including terms of reasonable
recovery of grant funds upon resale) as are approved by the
Commission, and the acquisition and development of land)''.
(c) Solid Waste Disposal Demonstration Projects.--Section
302(b) of such Act (40 U.S.C. App. 302(b)) is amended by
adding at the end the following new paragraph:
``(5) The Commission shall carry out projects at not less
than 2 sites in the Appalachian region for the purpose of
demonstrating solid waste disposal techniques in rural
areas.''.
(d) Repeal of Provision on Use of Information From Research
and Development Activities.--Section 302(e) of such Act (40
U.S.C. 302(e)) is repealed.
SEC. 209. AUTHORIZATION OF APPROPRIATIONS FOR GENERAL
PROGRAM.
Section 401 of the Appalachian Regional Development Act of
1965 (40 U.S.C. App. 401) is amended to read as follows:
``SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
``In addition to the appropriations authorized in section
105 for administrative expenses and in section 201(g) for the
Appalachian development highway system and local access
roads, there is authorized to be appropriated to the
Commission to carry out this Act $83,400,000 per fiscal year
for each of fiscal years 1994, 1995, and 1996. Such sums
shall remain available until expended.''.
SEC. 210. DEFINITION OF APPALACHIAN REGION.
Section 403 of the Appalachian Regional Development Act of
1965 (40 U.S.C. App. 403) is amended--
(1) in the 1st undesignated paragraph (relating to Alabama)
by inserting ``Hale,;'' after ``Franklin,''; and
(2) in the 12th undesignated paragraph (relating to
Virginia)--
(A) by inserting ``Montgomery,'' after ``Lee,''; and
(B) by inserting ``Roanoke, Rockbridge,'' after
``Pulaski,''.
SEC. 211. EXTENSION OF TERMINATION DATE.
Section 405 of the Appalachian Regional Development Act of
1965 (40 U.S.C. App. 405) is amended by striking ``1982'' and
inserting ``1996''.
SEC. 212. REGIONAL DEVELOPMENT TASK FORCE.
(a) Establishment.--There is established a Regional
Development Task Force (hereinafter in this section referred
to as the ``Task Force'').
(b) Duties.--It shall be the duty of the Task Force to
conduct a study on--
(1) the extent to which the unique characteristics of the
Appalachian Regional Commission (including the Commission's
Federal-State partnership, program flexibility, and regional
approach) have contributed to the achievement of the
Commission's goals; and
(2) whether or not such characteristics may be used to
address needs which may exist in other rural areas suffering
from economic distress, including the Lower Mississippi
delta, Mexican border, and Ozark areas.
(c) Membership.--
(1) Voting members.--The Task Force shall be composed of 9
voting members appointed, not later than 90 days after the
date of the enactment of this Act, as follows:
(A) Three members appointed by the President.
(B) Three members appointed by the President pro tempore of
the Senate.
(C) Three members appointed by the Speaker of the House of
Representatives.
(2) Ex officio members.--The Federal and State Cochairmen
of the Appalachian Regional Commission shall serve as ex
officio, nonvoting members of the Task Force.
(d) Facilities, Supplies, and Personnel.--Upon the request
of the Task Force, the Appalachian Regional Commission shall
provide to the Task Force any facilities, supplies, and
personnel necessary for the Task Force to carry out its
responsibilities under this Act; except that the total cost
of such facilities, supplies, and personnel shall not exceed
$500,000.
(e) Use of Other Studies.--In conducting the study under
subsection (b), the Commission shall incorporate the results
of other studies on the needs of rural areas described in
subsection (b) and shall not duplicate such studies.
(f) Report.--Not later than 9 months after the date of the
first meeting of the Task Force, the Task Force shall
transmit to Congress a report on the results of the study
conducted under subsection (b).
(g) Termination.--The Task Force shall terminate on the
date of transmittal of the report under subsection (f).
SEC. 213. COMPLIANCE WITH BUY AMERICAN ACT.
None of the funds made available under this title, or any
amendment made by this title, may be expended in violation of
sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C.
10a-10c; popularly known as the ``Buy American Act''), which
are applicable to those funds. The Appalachian Regional
Commission shall provide to each recipient of such funds
notice of the requirements specified in this section and
information on methods to comply with such requirements.
TITLE III--BUSINESS DEVELOPMENT ASSISTANCE
SEC. 301. SHORT TITLE.
This title may be cited as the ``Economic Growth and
Technology Commercialization Act of 1994''.
SEC. 302. FINDINGS, PURPOSES, AND DEFINITIONS.
(a) Findings.--The Congress hereby finds the following:
(1) Through its support and funding of research and
development in this Nation's Federal agencies, laboratories,
and educational institutions, the Federal Government has
fostered the creation of thousands of technologies,
processes, and other proprietary rights owned, or held in
whole or part, by the Federal Government.
(2) If commercialized, these technologies, processes, and
other proprietary rights owned, or held in whole or part, by
the Federal Government hold the potential to be a significant
tool to foster economic growth and to create significant
numbers of new jobs at good wages for American workers.
(3) Throughout the Federal Government, there is no single
inventory or source of information on technologies,
processes, and other proprietary rights owned, or held in
whole or part, by the Federal Government.
(4) Information on technologies, processes, and other
proprietary rights owned, or held in whole or part, by the
Federal Government is not standardized in form or content, is
separately maintained by numerous Federal agencies and
departments, and is not easily accessible by the public.
(5) Businesses and entrepreneurs in areas in need of
economic growth and revitalization are largely unaware of the
existence of these technologies, processes, and other
proprietary rights and largely unaware of the possibilities
for obtaining the rights to these technologies, processes,
and other proprietary rights for the purpose of
commercialization.
(6) It is in the economic interest of the United States to
facilitate the private sector commercialization of
technologies, processes, and other proprietary rights by
United States businesses located in areas in need of economic
growth and revitalization.
(7) Greater effectiveness may be achieved through the
utilization of the private sector corporate structure and
profit incentives in facilitating the commercialization of
technologies, processes, and other proprietary rights than
can reasonably be expected by the Federal Government
performing this function.
(b) Purposes.--The purposes of this title are as follows:
(1) To provide assistance to private-sector United States
businesses, located in areas in need of economic
stabilization and revitalization, to commercialize
technologies, processes, and other proprietary rights owned,
or held in whole or part, by the Federal Government.
(2) To create new employment opportunities by facilitating
the commercialization of technologies, processes, and other
proprietary rights by United States businesses and
entrepreneurs in areas in need of economic growth and
revitalization.
(3) To develop a single, comprehensive data base of
information on technologies, processes, and other proprietary
rights owned, or held in whole or part, by the Federal
Government, which is standardized and easily accessible.
(4) To heighten the awareness of United States businesses
and entrepreneurs of the availability for commercialization
of technologies, processes, and other proprietary rights
owned, or held in whole or part, by the Federal Government.
(c) Definitions.--For purposes of this title, the following
definitions shall apply:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(2) Corporation.--The term ``Corporation'' means the
Business Development and Technology Commercialization
Corporation established under this title.
(3) Board.--The term ``Board'' means the Board of Directors
of the Business Development and Technology Commercialization
Corporation.
(4) Qualified concern.--The term ``qualified concern''
means a United States-based consortium, a private United
States business, or an educational institution participating
in a joint project with 1 or more private United States
businesses, for the development and commercialization of
technologies, processes, and other proprietary rights--
(A) owned or held in whole or part by Federal departments,
agencies, or government-controlled corporations;
(B) developed in Federal laboratories;
(C) arising in the course of federally funded research at
educational institutions, other units of government, or with
private concerns; or
(D) which are made available to the Federal Government by
private concerns.
[[Page 833]]
SEC. 303. CONSOLIDATION OF INFORMATION ON TECHNOLOGIES.
(a) Establishment of Data.--The Secretary shall establish
and maintain an integrated, comprehensive data base
describing all technologies, processes, and other proprietary
rights owned, or held in whole or part, by the Federal
Government, or which originated in the course of federally
funded research in which the Federal Government has an
interest.
(b) Standardization and Accessibility of Information.--The
Secretary shall take such steps as are necessary to ensure
that the information contained in the data base established
under subsection (a) is in a standardized form, is accessible
and usable in a manner as simple and easy to use as possible,
recognizing the needs of small- and medium-sized businesses.
(c) Responsibilities.--In carrying out this section, the
Secretary shall--
(1) consult with and, to the extent practicable, utilize
the capabilities of other executive agencies, as appropriate,
to ensure the efficient and effective implementation of this
section; and
(2) explore, with other executive agencies, ways to avoid
duplication of effort by consolidating the administration of
the program established by this section with any other
similar Federal program, and as part of such consolidation
may delegate administrative functions, as necessary and
appropriate, to another executive agency.
(d) Other Federal Agencies.--Other executive agencies shall
provide such information, and in such form, as determined by
the Secretary and shall cooperate with the Secretary in
carrying out this section.
(e) Access to the Data Base.--
(1) Access to the data base by the corporation.--Except as
provided in paragraph (3), the Secretary shall provide
unlimited access to the data base established under this
section to the Business Development and Technology
Commercialization Corporation established under this part,
without fee, to assist the Corporation in meeting its
responsibilities under this part.
(2) Access to the data base by the public.--Except as
provided in paragraph (3), the Secretary shall, by
regulation, develop and implement procedures providing for
access to the data base established under this section to
members of the general public.
(3) Restrictions.--If, in consultation with the heads of
other executive agencies, the Secretary determines that
access by the Corporation or any other person to information
contained in the data base established under this section
would--
(A) threaten national security;
(B) violate the proprietary rights of any private interest;
or
(C) be otherwise inappropriate,
the Secretary shall take such steps as the Secretary may
determine to be appropriate to limit access to the
information in the data base described in subparagraph (A),
(B), or (C) to the Corporation or any other person.
(f) GAO Review of Current Federal Technology Utilization
and Commercialization Efforts.--
(1) In general.--The Comptroller General of the United
States shall conduct a review of all technology utilization
and commercialization activities within all Federal
departments, agencies, and laboratories, or which are
otherwise supported by Federal funds. This review shall
identify those activities which may overlap or duplicate the
technology utilization and commercialization activities
provided for under this title.
(2) Reports.--Before the end of the 1-year period beginning
on the date of the enactment of this Act, the Comptroller
General
shall issue a report to the Congress describing in detail--
(A) the findings of the review directed under paragraph
(1),
(B) the funding levels of each existing Federal technology
utilization and commercialization activities, and
(C) recommendations for the modification or elimination of
any existing Federal technology utilization and
commercialization activities which the Comptroller General
finds to be duplicative of the activities provided for under
this title.
SEC. 304. BUSINESS DEVELOPMENT AND TECHNOLOGY
COMMERCIALIZATION CORPORATION.
(a) Assessment of Technology Utilization and
Commercialization Programs of the Federal Government.--
(1) In general.--The Director of the Office of Science and
Technology Policy in the Executive Office of the President
shall--
(A) assess the performance of technology utilization and
commercialization programs of the Federal Government as of
the date of the enactment of this Act;
(B) evaluate the advantages and disadvantages of a
centralized as opposed to a decentralized approach to
technology utilization and commercialization; and
(C) develop recommendations on ways to improve the
technology utilization and commercialization efforts of the
Federal Government.
(2) Report.--The Director of the Office of Science and
Technology Policy shall submit a report containing the
findings, conclusions, and recommendations of the Director
pursuant to paragraph (1) to the President, the Committee on
Banking, Finance and Urban Affairs and the Committee on
Science, Space, and Technology of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate.
(3) Consultation.--In carrying out the duties of the
Director under paragraph (1), the Director shall consult with
interested agencies and department of the Federal Government.
(b) Improved Integration of Technology Commercialization
Programs and Federal Programs to Assist Economically
Distressed Communities.--
(1) In general.--The Secretary shall identify ways to
promote more effective integration of Federal policies and
programs relating to technology utilization and
commercialization with Federal policies and programs for
assisting economically distressed communities establish
stable and diversified local economies.
(2) Report.--The Secretary shall submit a report containing
any findings, conclusions, and recommendations of the
Secretary pursuant to paragraph (1) to the President, the
Committee on Banking, Finance and Urban Affairs and the
Committee on Science, Space, and Technology of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate.
(c) Establishment of Corporation.--
(1) In general.--Not later than the earlier of--
(A) the end of the 12-month period beginning on the date of
the enactment of this Act; or
(B) the end of the 30-day period beginning on the date the
report of the Director of the Office of Science and
Technology Policy is submitted to the President pursuant to
subsection (a)(2),
the President shall provide for the establishment of a
corporation to be known as the ``Business Development and
Technology Commercialization Corporation'' (hereafter in this
title referred to as the ``Corporation''), unless the
President, after consideration of such report, makes a
finding that the establishment of the Corporation would
impair the operation of the Federal policies and programs
relating to technology utilization and commercialization.
(2) Report to congress.--If the President makes a finding
described in paragraph (1) with respect to the establishment
of the Corporation, the President shall transmit a report
describing the basis for the finding to the Committee on
Banking, Finance and Urban Affairs and the Committee on
Science, Space, and Technology of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate.
(3) Purpose.--The Corporation shall be operated for the
purpose of fostering economic growth, assisting in the
creation of new employment opportunities, and strengthening
the industrial base of the United States by facilitating the
utilization and commercialization of technologies, processes,
and other proprietary rights--
(A) owned or held in whole or part by Federal departments,
agencies, or government-controlled corporations;
(B) developed in Federal laboratories;
(C) arising in the course of federally funded research at
educational institutions, other units of government, or with
private concerns; and
(D) which are made available by private concerns.
(4) Corporation not an establishment of the united
states.--The Corporation shall not be an agency or
establishment of the United States.
(d) Process of Organization.--
(1) Incorporation.--
(A) In general.--The Secretary, the Secretary of Labor, and
the Administrator of the Small Business Administration
shall--
(i) provide for the establishment of the Corporation under
the business corporation laws of such State as the President
determines to be appropriate; and
(ii) serve as the incorporators of the Corporation and as
the initial members of the board of directors of the
Corporation until their successors are elected and qualified.
(B) Necessary action authorized.--The incorporators
referred to in subparagraph (A) shall take such other actions
as may be necessary to establish the Corporation.
(C) Review of proposed organization of corporation.--The
President shall request the National Academy of Public
Administration to--
(i) review the proposed organization of the Corporation to
ensure that the organization plan conforms with sound
principles of administration; and
(ii) submit a report to the President in a timely manner
with the Academy's such findings, conclusions, and
recommendations the Academy may determine to be appropriate.
(2) Privatization of the corporation.--
(A) In general.--Following the establishment of the
Corporation, the Corporation shall be converted to private
ownership and management in such form and manner as the
President determines to be appropriate, after consulting with
the Committee on Banking, Finance and Urban Affairs and the
Committee on Science, Space, and Technology of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate.
(B) Solicitation of proposals for conversion.--The
President shall solicit proposals for the conversion of the
Corporation to private ownership and management.
(3) Selection criteria and procedures.--
(A) In general.--The President, in consultation with the
Secretary, shall make the final selection of a proposal for
the conver-
[[Page 834]]
sion of the Corporation to private ownership and management.
(B) Criteria for selecting a proposal to recommend to the
president.--In selecting a proposal to recommend to the
President for the conversion of the Corporation, as described
in subparagraph (A), the Secretary shall take into
consideration the following factors--
(i) the quality of the operational plan;
(ii) the soundness of the financing of the organization and
of the operational plan;
(iii) the qualifications of, and the diversity of talents
and skills represented by, the submitters of the proposal,
including the extent to which a combination of organizations
is submitting a joint proposal;
(iv) whether a State government, or unit of a State
government, is participating financially with the
organization submitting a proposal;
(v) the intentions of the submitters of the proposal to
locate the headquarters of the Corporation in an area which
is not located in the 50 largest Metropolitan Statistical
Areas, based on the 1990 Census; and
(vi) such other factors as the incorporators determine to
be appropriate in meeting the purposes of this title.
(C) Procedures for selecting a proposal to recommend to the
president.--In selecting a proposal to recommend to the
President for the conversion of the Corporation, as described
in subparagraph (A), the Secretary shall ensure that in the
selection process--
(i) not less than 3 proposals are identified as proposals
to receive further consideration, as provided in clauses (ii)
and (iii), except that, if fewer than 3 proposals are
received, each of them shall receive further consideration;
(ii) a review procedure is implemented under which the
sponsors of the proposals identified in clause (i) are
provided an opportunity to make personal presentations of
their proposals to the Secretary or the Secretary's designee;
and
(iii) individual negotiations for the revision of proposals
identified in clause (i) may be entered into.
(4) Warrants for participation in gains.--The President
may, in connection with any contract or agreement for
converting the Corporation to private ownership and
contingent on the financial success of the Corporation,
retain the right to participate in the financial gains of the
Corporation in such amounts as the President may determine to
be appropriate, after consulting with the Committee on
Banking, Finance and Urban Affairs and the Committee on
Science, Space, and Technology of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate.
(e) Prohibition on Conflicts of Interest.--
(1) In general.--An officer or employee of the Corporation
may not participate in a matter regarding an application,
claim, or other matter pending before the Corporation if, to
such person's knowledge, the person, the person's spouse,
minor child, parent, sibling, or partner, or an organization,
other than the Corporation, in which the person is serving as
an officer, director, trustee, partner, or employee, or any
person with whom the person is negotiating or has any
arrangement concerning perspective employment, has a
financial interest in the matter.
(2) Consequence of violation.--An officer or employee who
violates this subsection shall be subject to termination, but
such a violation shall not impair, nullify, or otherwise
affect the validity of any otherwise lawful action by the
Corporation in which such officer or employee participated.
(f) General Powers.--In addition to the usual powers
conferred upon a corporation under the business corporation
laws of the State in which the Corporation is incorporated,
the Corporation shall have such other incidental powers not
inconsistent with this section that are necessary or
appropriate to carry out the purposes and functions of the
Corporation.
(g) Promotion of Technologies.--
(1) Marketing of technologies.--The Corporation shall
undertake an aggressive, multifaceted outreach program to
increase awareness of the availability of technologies,
processes, and other proprietary rights to qualified concerns
under this title. This program shall emphasize the use of new
information technologies, including the utilization of cable
television and the modern electronic media, and the data base
established under this title.
(2) Utilization of cable television.--
(A) In general.--In implementing the outreach program
provided under paragraph (1), the Corporation shall enter
into negotiations for the utilization of cable television for
marketing efforts for the commercialization of technologies,
processes, and other proprietary rights--
(i) owned or held in whole or part by Federal departments,
agencies, or government controlled corporations;
(ii) develop in Federal laboratories;
(iii) arising in the course of federally funded research at
educational institutions, other units of government or with
private concerns; and
(iv) which are otherwise made available to the government
by private concerns.
(B) Promotional fees.--Under terms negotiated between the
Secretary and the Corporation, the Secretary is authorized to
make payments to the Corporation for promotional fees for the
production of segments for broadcast over cable television,
or other appropriate media, which identify--
(i) the technologies described in paragraph (A);
(ii) their potential commercial applications; and
(iii) methods available for obtaining additional
information on the technologies.
(3) Technical assistance.--The Corporation shall, upon
request, provide technical assistance and services, as
appropriate and needed, to qualified concerns under this
title.
(4) Outreach to specific areas and small businesses.--The
Corporation shall seek to ensure that qualified concerns and
small businesses located in areas determined by the Secretary
to have a depressed economy or chronically high unemployment
are notified of the availability of assistance through the
program established under this section and, to the extent
practicable, to encourage and facilitate the participation of
such qualified concerns and small businesses in such program.
(h) Authority To Represent the Government.--
(1) In general.--In accordance with regulations prescribed
by the Secretary, the Corporation shall act as an agent, and
represent the interests, of the Federal Government in
facilitating the utilization of technologies, processes, and
other proprietary rights by qualified concerns under this
title.
(2) Rights of qualified concerns.--In accordance with
regulations promulgated by the Secretary, the Corporation may
convey, to qualified concerns, under terms and conditions to
be negotiated between the Corporations and qualified
concerns, such rights which may be necessary and appropriate
to facilitate the utilization and commercialization of
technologies, processes, and other proprietary rights as
provided under this title.
(3) Minimum rights of the federal government.--In the
conveyance of rights to qualified concerns as provided for
under paragraph (2), the Corporation shall ensure the
following:
(A) The conveyance agreement contains language providing
for the rights of the Corporation to revoke the rights
provided under paragraph (2) if--
(i) the qualified concern does not demonstrate that it is
undertaking a good faith effort to achieve the utilization
and commercialization of the technology, process, or other
proprietary right; or
(ii) the Secretary certifies that the interests of national
security or the general welfare of the American people
necessitates the revocation of such rights.
(B) The Federal Government retains a license to such
technologies, processes, and other proprietary rights for the
Government's own use.
(C) The Federal Government receives in compensation for the
conveyance of such rights--
(i) royalties;
(ii) the right to share in the earnings of the qualified
entity proportionate to the value of the rights so conveyed;
or
(iii) a sum of money or other compensation that the
Corporation determines to be appropriate.
(4) Agent's fees.--Under such terms as the Secretary and
the Corporation may negotiate, after consulting with the
Committee on Banking, Finance and Urban Affairs and the
Committee on Science, Space, and Technology of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate, the Corporation may retain a
percentage of any royalties or other compensation accruing to
the Federal Government in connection with any licensing
agreement entered into by the Corporation on behalf of the
Federal Government.
(i) Consultation With Federal Agencies, and With Private
Parties.--
(1) Consultation with federal agencies.--In carrying out
this title, the Board and the Corporation shall consult
frequently with the Secretary, and such Federal agencies and
departments as is appropriate, to ensure coordination and the
maximum utilization of all related Federal resources to
promote technology utilization and commercialization.
(2) Consultation with private parties.--In carrying out
this title, the Board and the Corporation shall solicit
comments from private parties, including representatives of
finance, industry, and organized labor on the role of the
Corporation and the needs of private parties.
(j) Audit by Comptroller General.--The Comptroller General
of the United States may audit the financial transactions of
the Corporation. For the purposes of carrying out such an
audit, the Comptroller General shall have access to all
books, records, and property belonging to, or in the
possession of, the Corporation. In the case of a person or
entity which has entered into a financial relationship with
the Corporation, the Comptroller General shall have access
only to those books, records, and property belonging to, or
the possession of, the person or entity which pertain to the
Corporation and which are necessary to carry out the audit.
The Comptroller General shall make a report of each audit to
the Congress and the President.
(k) Information and Other Assistance From Federal
Agencies.--Upon the request of the Corporation, the head of a
Federal department or agency is authorized to--
(1) furnish to the Corporation such information which is
available to the agency as
[[Page 835]]
the Board deems necessary for carrying out its functions; and
(2) detail for temporary duty, on a reimbursable basis,
such personnel as the Corporations determines to be necessary
to carry out its functions.
(l) Miscellaneous Provisions.--
(1) Jurisdiction.--
(A) In general.--Whenever the Corporation is a party to any
civil action under this title, such action shall be deemed to
arise under the laws of the United States. No attachment or
execution may be issued against the Corporation, or any
property thereof, prior to entry of final judgment.
(B) Citizenship of corporation.--The Corporation shall be
deemed to be a citizen of the District of Columbia for the
purpose of determining the original jurisdiction of the
district courts of the United States in civil actions to
which the Corporation is a party.
(2) Business activity and qualification.--The Corporation
shall be deemed to be qualified to do business in each State
in which it performs any activity authorized under this
title.
(m) Utilization of Corporation.--It is the sense of the
Congress that all Federal departments, agencies, institutions
of higher education, and laboratories, and all institutions
of higher education and laboratories which are otherwise
supported by Federal funds, should use the services of the
Corporation to the maximum extent possible.
SEC. 305. ASSISTANCE TO BUSINESSES IN SECURING FINANCING.
(a) Information Clearinghouse.--The Corporation established
under this title shall act as a one-stop clearinghouse for
information to assist qualified concerns identify sources of
business development and technology commercialization
financing available through the Federal Government as well as
through applicable State and local government programs and
through private sources.
(b) Agent of the Federal Government.--The Corporation may
act as an agent of the Federal Government for purposes of
accepting applications for financial assistance and their
submission to the appropriate Federal agency on behalf of a
qualified concern.
(c) Technical Assistance for Lenders and Borrowers.--The
Corporation shall, upon request, provide technical assistance
and services, as appropriate and needed, to lenders and
borrowers under this title, and shall ensure that such
lenders and borrowers have ready access to appropriate
assistance in order to aid such lenders and borrowers in
achieving the purposes of this title.
SEC. 306. SAVINGS PROVISION.
It is the intent of the Congress that this title shall be
construed as complementing any other provision of Federal law
relating to the licensing, utilization, or commercialization
of the use of technology and shall not be construed as
superseding any such provision, except as otherwise provided
in this title.
SEC. 307. RULE OF CONSTRUCTION.
Nothing in this Act or this title shall be construed by the
President, the Secretary of Commerce, the Corporation, any
Federal agency or department, or any court to affect, alter,
amend, modify, or change, or apply to, any program or
activity (or any technology developed, derived, or provided
through or under such program or activity by any means of any
kind) of the Department of Energy, the Department of
Transportation, the Department of Health and Human Services,
or the Environmental Protection Agency or any office, bureau,
commission, laboratory or facility of such agencies or
departments.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. BONIOR, announced that the yeas had it.
Mr. WISE demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
328
<3-line {>
affirmative
Nays
89
Para. 48.13 [Roll No. 168]
AYES--328
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Barca
Barcia
Barlow
Barrett (WI)
Bartlett
Bateman
Beilenson
Bentley
Berman
Bevill
Bilbray
Bishop
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gephardt
Geren
Gibbons
Gillmor
Gilman
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Green
Greenwood
Gunderson
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Herger
Hilliard
Hinchey
Hochbrueckner
Hoekstra
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hutchinson
Hutto
Hyde
Inglis
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kingston
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Miller (CA)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Packard
Pallone
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Poshard
Price (NC)
Quillen
Quinn
Rahall
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roemer
Rogers
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Smith (OR)
Snowe
Spence
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Washington
Waters
Watt
Waxman
Weldon
Wheat
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
NOES--89
Allard
Andrews (NJ)
Archer
Armey
Baker (LA)
Ballenger
Barrett (NE)
Barton
Bereuter
Bilirakis
Bliley
Boehner
Bonilla
Burton
Castle
Coble
Combest
Cox
Crane
Crapo
DeLay
Doolittle
Dornan
Dreier
Duncan
Ehlers
Fawell
Fields (TX)
Gekas
Gilchrest
Gingrich
Goss
Grams
Hall (TX)
Hancock
Hastert
Hefley
Hobson
Hoke
Hunter
Inhofe
Istook
Johnson, Sam
Kasich
Kim
King
Klug
Knollenberg
Kolbe
Kyl
Levy
Lewis (CA)
Lewis (FL)
Mann
Manzullo
McCandless
McCollum
McInnis
McKeon
McMillan
Michel
Miller (FL)
Moorhead
Myers
Nussle
Oxley
Paxon
Penny
Petri
Portman
Pryce (OH)
Ramstad
Roberts
Rohrabacher
Royce
Schaefer
Sensenbrenner
Smith (MI)
Smith (TX)
Solomon
Stearns
Stenholm
Stump
Talent
Thomas (WY)
Walker
Young (FL)
Zeliff
Zimmer
NOT VOTING--15
Becerra
Blackwell
Flake
Grandy
Gutierrez
Hansen
Hoagland
Johnson, E. B.
Lewis (GA)
Parker
Pastor
Porter
Ridge
Sharp
Whitten
So the bill was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
reauthorize economic development programs under the Public Works and
Economic Development Act of 1965 and the Appalachian Regional
Development Act of 1965 for fiscal years 1994 through 1996, and for
other purposes.''.
A motion to reconsider the votes whereby said bill was passed and the
title was amended was , by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 48.14 bank holding company
On motion of Mr. GONZALEZ, by unanimous consent, the bill (H.R. 3841)
to amend the Bank Holding Company Act of 1956, the Revised Statues of
the United States, and the Federal Deposit Insurance Act to provide for
interstate
[[Page 836]]
banking and branching; together with the amendment of the Senate
thereto, was taken from the Speaker's table.
When on motion of Mr. GONZALEZ, it was,
Resolved, That the House disagree to the amendment of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Thereupon, the SPEAKER pro tempore, Mr. BONIOR, by unanimous consent,
announced the appointment of the following Members as managers on the
part of the House at said conference:
From the Committee on Banking, Finance and Urban Affairs, for
consideration of the House bill, and the Senate amendment, and
modifications committed to conference: Messrs. Gonzalez, Neal of North
Carolina, LaFalce, Vento, Schumer, Frank of Massachusetts, Kanjorski,
Kennedy, Leach, and McCollum, Mrs. Roukema, Mr. Bereuter, and Ridge.
As additional conferees from the Committee on Agriculture, for
consideration of section 109 of the Senate amendment, and modifications
committed to conference: Messrs. de la Garza, Stenholm, Volkmer, Penny,
Johnson of South Dakota, Roberts, Combest, and Allard.
As additional conferees from the Committee on Foreign Affairs, for
consideration of section 402 of the Senate amendment, and modifications
committed to conference: Messrs. Hamilton, Gejdenson, and Gilman.
As additional conferees from the Committee on the Judiciary, for
consideration of sections 101-03 of the House bill, and title II and
sections 102-03 of the Senate amendment, and modifications committed to
conference: Messrs. Brooks, Hughes, Glickman, Boucher, Bryant, Fish,
Canady, and Goodlatte.
Ordered, That the Clerk notify the Senate thereof.
Para. 48.15 social security
The SPEAKER pro tempore, Mr. BONIOR, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and pass the bill (H.R. 4278) to make improvements in the old-age,
survivors, and disabiltiy insurance program under title II of the Social
Security act.
The question being put,
Will the House suspend the rules and pass said bill?
The vote was taken by electronic device.
It was decided in the
Yeas
420
<3-line {>
affirmative
Nays
0
Para. 48.16 [Roll No. 169]
YEAS--420
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Washington
Waters
Watt
Waxman
Weldon
Wheat
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--12
Becerra
Blackwell
Flake
Grandy
Gutierrez
Hoagland
Lewis (GA)
Parker
Porter
Ridge
Sharp
Whitten
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 48.17 providing for the consideration of h.r. 2473
Mr. GORDON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 423):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 2473) to designate certain National Forest
lands in the State of Montana as wilderness, to release other
National Forest lands in the State of Montana for multiple
use management, and for other purposes. The first reading of
the bill shall be dispensed with. Points of order against
consideration of the bill for failure to comply with clause
2(l)(6) of rule XI are waived. General debate shall be
confined to the bill and shall not exceed ninety minutes,
with sixty minutes equally divided and controlled by the
chairman and ranking minority member of the Committee on
Natural Resources, fifteen minutes equally divided and
controlled by the chairman and ranking minority member of the
Committee on Agriculture, and fifteen minutes equally divided
and controlled by the chairman and ranking minority member of
the Committee on Merchant Marine and Fisheries. After general
debate the bill shall be considered for amendment under the
five-minute rule. It shall be in order to consider as an
original bill for the purpose of amendment under the five-
minute rule the amendment in the nature of a substitute
recommended by the Committee on Natural Resources now printed
in the bill. Each section of the committee amendment in the
nature of a substitute shall be considered as read. Points of
order
[[Page 837]]
against the committee amendment in the nature of a substitute
for failure to comply with clause 5(a) of rule XXI are
waived. At the conclusion of consideration of the bill for
amendment the Committee shall rise and report the bill to the
House with such amendments as may have been adopted. Any
Member may demand a separate vote in the House on any
amendment adopted in the Committee of the Whole to the bill
or to the committee amendment in the nature of a substitute.
The previous question shall be considered as ordered on the
bill and amendments thereto to final passage without
intervening motion except one motion to recommit with or
without instructions.
When said resolution was considered.
After debate,
On motion of Mr. GORDON, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 48.18 waiving points of order against the conference report on s.
2000
Mr. HALL of Ohio, by direction of the Committee on Rules, called up
the following resolution (H. Res. 421):
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (S. 2000) to authorize appropriations for fiscal years
1995 through 1998 to carry out the Head Start Act and the
Community Services Block Grant Act, and for other purposes.
All points of order against the conference report and against
its consideration are waived.
When said resolution was considered.
After debate,
On motion of Mr. HALL of Ohio, the previous question was ordered on
the resolution to its adoption or rejection and under the operation
thereof, the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 48.19 head start
Mr. FORD of Michigan, pursuant to House Resolution 421, called up the
following conference report (Rept. No. 103-497):
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the House to the bill (S.
2000), to authorize appropriations for fiscal years 1995
through 1998 to carry out the Head Start Act and the
Community Services Block Grant Act, and for other purposes,
having met, after full and free conference, have agreed to
recommend and do recommend to their respective Houses as
follows:
That the Senate recede from its disagreement to the
amendment of the House to the text of the bill and agree to
the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the House
amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Services Amendments of
1994''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--HEAD START PROGRAMS
Sec. 101. Short title; references in title.
Sec. 102. Definitions.
Sec. 103. Services.
Sec. 104. Authorization of appropriations.
Sec. 105. Allocation of funds.
Sec. 106. Report.
Sec. 107. Designation.
Sec. 108. Monitoring and quality assurance.
Sec. 109. Enhanced parent involvement and transition coordination with
schools.
Sec. 110. Facilities and administrative requirements.
Sec. 111. Participation.
Sec. 112. Initiative on families with infants and toddlers.
Sec. 113. Appeals, notice, and hearing.
Sec. 114. Goals and priorities for training and technical assistance.
Sec. 115. Staff qualifications and development.
Sec. 116. Research, demonstrations, evaluation.
Sec. 117. Announcements and evaluations.
Sec. 118. Reports.
Sec. 119. Repeals.
Sec. 120. Study of benefits for Head Start employees.
Sec. 121. Ready to learn program reauthorization.
Sec. 122. State dependent care development programs.
Sec. 123. Consultation with the Corporation for National and Community
Service.
Sec. 124. Reauthorization of Child Development Associate Scholarship
Assistance Act of 1985.
Sec. 125. Technical and conforming amendments.
Sec. 126. Study of full-day and full-year Head Start programs.
Sec. 127. Effective date and application.
TITLE II--COMMUNITY SERVICES BLOCK GRANT AMENDMENTS
Sec. 201. Short title and references.
Sec. 202. Authorizations of appropriations.
Sec. 203. Discretionary authority of Secretary.
Sec. 204. Community food and nutrition.
Sec. 205. Instructional activities for low-income youth.
Sec. 206. Amendment to Stewart B. Mckinney Homeless Assistance Act.
Sec. 207. Amendments to the Human Services Reauthorization Act of 1986.
Sec. 208. Effective date.
TITLE III--LOW-INCOME HOME ENERGY ASSISTANCE AMENDMENTS
Sec. 301. Short title and references.
Sec. 302. Statement of purpose.
Sec. 303. Authorization of appropriations.
Sec. 304. Emergency funds.
Sec. 305. Authorized uses of funds.
Sec. 306. Targeting of assistance to households with high home energy
burdens.
Sec. 307. Clarification of audit requirement.
Sec. 308. Use of Department of Energy weatherization rules to achieve
program consistency.
Sec. 309. Matters to be described in annual application.
Sec. 310. Report of funds available for obligation.
Sec. 311. Miscellaneous and technical amendments.
Sec. 312. Residential Energy Assistance Challenge Option (R.E.A.Ch.).
Sec. 313. Sense of the Congress regarding appropriations for LIHEAP.
Sec. 314. Effective date.
TITLE IV--COMMUNITY-BASED FAMILY RESOURCE PROGRAMS
Sec. 401. Community-based family resource programs.
Sec. 402. Federal Council on Children, Youth, and Families.
Sec. 403. Family Resource Act.
TITLE I--HEAD START PROGRAMS
SEC. 101. SHORT TITLE; REFERENCES IN TITLE.
(a) Short Title.--This title may be cited as the ``Head
Start Act Amendments of 1994''.
(b) References.--Except as otherwise specifically provided,
whenever in this title an amendment or repeal is expressed in
terms of an amendment to, or a repeal of, a section or other
provision, the reference shall be considered to be made to a
section or other provision of the Head Start Act (42 U.S.C.
9831 et seq.).
SEC. 102. DEFINITIONS.
Section 637 (42 U.S.C. 9832) is amended--
(1) by striking paragraphs (4) and (5);
(2) by striking paragraph (9) and inserting the following
new paragraph:
``(9) The term `poverty line' means the official poverty
line (as defined by the Office of Management and Budget)--
``(A) adjusted to reflect the percentage change in the
Consumer Price Index For All Urban Consumers, issued by the
Bureau of Labor Statistics, occurring in the 1-year period or
other interval immediately preceding the date such adjustment
is made; and
``(B) adjusted for family size.'';
(3) by adding after paragraph (11) the following new
paragraphs:
``(12) The term `family literacy services' means services
and activities that include interactive literacy activities
between parents and their children, training for parents on
techniques for being the primary teacher of their children
and full partners in the education of their children, parent
literacy training (including training in English as a second
language), and early childhood education.
``(13) The term `Indian tribe' means any tribe, band,
nation, pueblo, or other organized group or community of
Indians, including any Native village described in section
3(c) of the Alaska Native Claims Settlement Act (43 U.S.C.
1602(c)) or established pursuant to such Act (43 U.S.C. 1601
et seq.), that is recognized as eligible for the special
programs and services provided by the United States to
Indians because of their status as Indians.'';
(4) by redesignating paragraphs (6), (7), (8), (9), (10),
(11), (12), and (13) as paragraphs (7), (8), (9), (14), (5),
(6), (4), and (10), respectively; and
(5)(A) by transferring paragraph (4), as so redesignated,
and inserting the paragraph after paragraph (3);
(B) by transferring paragraphs (5) and (6), as so
redesignated, and inserting the paragraphs after paragraph
(4), as so redesignated;
(C) by transferring paragraph (10), as so redesignated, and
inserting the paragraph after paragraph (9), as so
redesignated; and
(D) by inserting after paragraph (10), as so redesignated,
the following:
``(11) The term `local educational agency' has the meaning
given such term in the Elementary and Secondary Education Act
of 1965.
``(12) The term `migrant Head Start program' means a Head
Start program that serves families who are engaged in
agricultural work and who have changed their residence from
one geographical location to another in the preceding 2-year
period.
``(13) The term `mobile Head Start program' means the
provision of Head Start services utilizing transportable
equipment set up in various community-based locations on a
routine, weekly schedule, operating in conjunction with home-
based Head Start programs, or as a Head Start classroom.''.
[[Page 838]]
SEC. 103. SERVICES.
Section 638(a)(1) (42 U.S.C. 9833(a)(1)) is amended by
striking ``health, nutritional, educational, social, and
other services'' and inserting ``health, education, parental
involvement, nutritional, social, and other services''.
SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
Section 639 (42 U.S.C. 9834) is amended--
(1) in subsection (a), by striking all that follows
``subchapter'' and inserting ``such sums as may be necessary
for fiscal year 1995 through 1998.''; and
(2) by striking subsections (b) and (c) and inserting the
following:
``(b) From the amount appropriated under subsection (a),
the Secretary shall make available--
``(1) $35,000,000 for each of the fiscal years 1995 through
1998 to--
``(A) carry out the Head Start Transition Project Act; and
``(B) carry out activities authorized under section 642(d);
and
``(2) not more than $3,000,000 for fiscal year 1995, and
such sums as may be necessary for each of the fiscal years
1996 through 1998, to carry out longitudinal research under
section 649(e).''.
SEC. 105. ALLOCATION OF FUNDS.
(a) Allocation and Use of Funds for Quality Improvement.--
Section 640(a)(3) (42 U.S.C. 9835(a)(3)) is amended--
(1) by redesignating subparagraphs (A) and (B) as
subparagraphs (C) and (D), respectively;
(2) by striking ``(3)(C)'' and all that follows through
``quality improvement activities:'' and inserting the
following:
``(3)(A)(i) In order to provide assistance for activities
specified in subparagraph (C) directed at the goals specified
in subparagraph (B), the Secretary shall reserve, from the
amount (if any) by which the funds appropriated under section
639(a) for a fiscal year exceed the adjusted prior year
appropriation, a share equal to the sum of--
``(I) 25 percent of such excess amount; and
``(II) any additional amount the Secretary may find
necessary to address a demonstrated need for such activities.
``(ii) As used in clause (i), the term `adjusted prior year
appropriation' means, with respect to a fiscal year, the
amount appropriated pursuant to section 639(a) for the
preceding fiscal year, adjusted to reflect the percentage
change in the Consumer Price Index for All Urban Consumers
(issued by the Bureau of Labor Statistics) during such
preceding fiscal year.
``(B) Funds reserved under this paragraph (referred to in
this paragraph as `quality improvement funds') shall be used
to accomplish any or all of the following goals:
``(i) Ensuring that Head Start programs meet or exceed
performance standards pursuant to section 641A(a)(1)(A).
``(ii) Ensuring that such programs have adequate qualified
staff, and that such staff are furnished adequate training,
including developing skills in working with children with
non-English language background, when appropriate.
``(iii) Ensuring that salary levels and benefits are
adequate to attract and retain qualified staff for such
programs.
``(iv) Using salary increases to improve staff
qualifications, and to assist with the implementation of
career development programs, for the staff of Head Start
programs.
``(v) Improving community-wide strategic planning and needs
assessments for such programs.
``(vi) Ensuring that the physical environments of Head
Start programs are conducive to providing effective program
services to children and families.
``(vii) Making such other improvements in the quality of
such programs as the Secretary may designate.
``(C) Quality improvement funds shall be used to carry out
any or all of the following activities:'';
(3) in subparagraph (C), as redesignated in paragraph (1),
by adding at the end the following new clause:
``(vii) Such other activities as the Secretary may
designate.''; and
(4) in subparagraph (D), as redesignated in paragraph (1)--
(A) in clause (i)--
(i) in the matter preceding subclause (I), by striking
``for the first, second, and third fiscal years for which
funds are so reserved''; and
(ii) in subclause (II), by inserting ``geographical areas
specified in subsection (a)(2)(B) and Indian and migrant Head
Start programs,'' after ``States,'';
(B) by striking clauses (ii) and (iii);
(C) in clause (iv)--
(i) by striking ``To be expended'' and all that follows,
through ``reserved, funds'' and inserting ``Funds'';
(ii) by striking ``clause (ii)'' the first place it appears
and inserting ``clause (i)'';
(iii) by inserting before the period at the end of the
first sentence, ``, for expenditure for activities specified
in subparagraph (C)''; and
(iv) by striking the second sentence;
(D) in clause (vi), by striking ``paragraphs (2), (4), and
(5)'' and inserting ``paragraph (2) or (4)''; and
(E) by striking clause (v) and redesignating clauses (iv)
and (vi) as clauses (ii) and (iii), respectively.
(b) Funds Set-Aside.--Section 640(a) (42 U.S.C. 9835(a)) is
amended--
(1) in paragraph (1), by striking ``through (5).'' and
inserting ``through (4), and subject to paragraphs (5) and
(6).'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``1990'' and inserting
``1994''; and
(B) in subparagraph (D), by inserting ``(including payments
for all costs (other than compensation of Federal employees)
of reviews of Head Start agencies and programs under section
641A(c), and of activities related to the development and
implementation of quality improvement plans under section
641A(d)(2))'' after ``Secretary'';
(3) in paragraph (3), by striking ``paragraph (5)'' each
place it appears and inserting ``paragraph (4)'';
(4) by striking paragraph (4), and redesignating paragraphs
(5) and (6) as paragraphs (4) and (7), respectively;
(5) in paragraph (4), as redesignated in paragraph (4), by
striking ``The'' and inserting ``Subject to section 639(b),
the''; and
(6) by adding after paragraph (4), as redesignated in
paragraph (4), the following new paragraphs:
``(5)(A) From amounts reserved and allotted pursuant to
paragraph (4), the Secretary shall reserve such sums as may
be necessary to award the collaboration grants described in
subparagraph (B).
``(B) From the reserved sums, the Secretary may award a
collaboration grant to each State to facilitate collaboration
regarding activities carried out in the State under this
subchapter, and other activities carried out in, and by, the
State that are designed to benefit low-income children and
families.
``(C) A State that receives a grant under subparagraph (B)
shall--
``(i) appoint an individual to serve as a State liaison
between--
``(I) agencies and individuals carrying out Head Start
programs in the State; and
``(II) agencies (including local educational agencies) and
entities carrying out programs serving low-income children
and families;
``(ii) involve the State Head Start Association in the
selection of the individual, and involve the association in
determinations relating to the ongoing direction of the
collaboration;
``(iii) ensure that the individual holds a position with
sufficient authority and access to ensure that the
collaboration described in subparagraph (B) is effective and
involves a range of State agencies; and
``(iv) ensure that the collaboration described in
subparagraph (B) involves coordination of Head Start services
with health care, welfare, child care, education, and
national service activities, family literacy services, and
activities relating to children with disabilities.
``(D) As used in this paragraph, the term `low-income',
used with respect to children or families, shall not be
considered to refer only to children or families that meet
the low-income criteria prescribed pursuant to section
645(a)(1)(A).
``(6) From amounts reserved and allotted pursuant to
paragraphs (2) and (4), the Secretary shall use, for grants
for programs described in section 645A(a), a portion of the
combined total of such amounts equal to 3 percent for fiscal
year 1995, 4 percent for each of fiscal years 1996 and 1997,
and 5 percent for fiscal year 1998, of the amount
appropriated pursuant to section 639(a).''.
(c) Considerations for Allocation of Funds for Program
Expansion.--Section 640(g) (42 U.S.C. 9835(g)) is amended--
(1) by striking ``(g)'' and inserting ``(g)(1)''; and
(2) by adding at the end the following new paragraphs:
``(2) For the purpose of expanding Head Start programs, in
allocating funds to an applicant within a State, from amounts
allotted to a State pursuant to subsection (a)(4), the
Secretary shall take into consideration--
``(A) the quality of the applicant's programs (including
Head Start and other child care or child development
programs) in existence on the date of the allocation,
including, in the case of Head Start programs in existence on
the date of the allocation, the extent to which such programs
meet or exceed performance standards and other requirements
under this subchapter;
``(B) the applicant's capacity to expand services
(including, in the case of Head Start programs in existence
on the date of the allocation, whether the applicant
accomplished any prior expansions in an effective and timely
manner);
``(C) the extent to which the applicant has undertaken
community-wide strategic planning and needs assessments
involving other community organizations and public agencies
serving children and families (including organizations
serving families in whose homes English is not the language
customarily spoken);
``(D) the extent to which the family and community needs
assessment of the applicant reflects a need to provide full-
working-day or full calendar year services;
``(E) the numbers of eligible children in each community
who are not participating in a Head Start program; and
``(F) the concentration of low-income families in each
community.
``(3) In determining the amount of funds reserved pursuant
to subparagraph (A) or (B) of subsection (a)(2) to be used
for expanding Head Start programs under this subchapter, the
Secretary shall take into consideration, to the extent
appropriate, the factors specified in paragraph (2).''.
(d) Technical Amendment.--Section 640(h) (42 U.S.C.
9835(h)) is amended by striking ``Each Head Start program
may'' and inserting ``Financial assistance provided under
this subchapter may be used by each Head Start program to''.
[[Page 839]]
(e) Compensation.--Section 640 (42 U.S.C. 9835) is amended
by adding at the end the following new subsections:
``(j) Any agency that receives financial assistance under
this subchapter to improve the compensation of staff who
provide services under this Act shall use the financial
assistance to improve the compensation of such staff,
regardless of whether the agency has the ability to improve
the compensation of staff employed by the agency who do not
provide Head Start services.
``(k)(1) The Secretary shall allow center-based Head Start
programs the flexibility to satisfy the total number of hours
of service required by the regulations in effect on the date
of enactment of the Human Services Amendments of 1994, to be
provided to children in Head Start programs so long as such
agencies do not--
``(A) provide less than 3 hours of service per day;
``(B) reduce the number of days of service per week; or
``(C) reduce the number of days of service per year.
``(2) The provisions of this subsection shall not be
construed to restrict the authority of the Secretary to fund
alternative program variations authorized under section
1306.35 of title 45 of the Code of Federal Regulations in
effect on the date of enactment of the Human Services
Amendments of 1994.
``(l) With funds made available under section 640(a)(2) to
migrant Head Start programs, the Secretary shall give
priority to migrant Head Start programs that serve eligible
children of migrant families whose work requires them to
relocate most frequently.''.
SEC. 106. REPORT.
Section 640A (42 U.S.C. 9835a) is repealed.
SEC. 107. DESIGNATION.
(a) Indian Reservations.--Section 641(b) (42 U.S.C.
9836(b)) is amended by inserting after ``Indian reservation''
the following: ``(including Indians in any area designated by
the Bureau of Indian Affairs as near-reservation)''.
(b) Designation of Agencies--Section 641(c) (42 U.S.C.
9836(c)) is amended--
(1) by striking paragraphs (2) through (4);
(2) in the first sentence--
(A) by inserting ``(subject to paragraph (2))'' before ``,
the Secretary shall give priority''; and
(B) by striking ``unless'' and all that follows through the
end of subparagraph (A) and inserting the following: ``unless
the Secretary makes a finding that the agency involved fails
to meet program, financial management, and other requirements
established by the Secretary.'';
(3) by redesignating subparagraph (B) as paragraph (2);
(4) in paragraph (2), as so redesignated--
(A) by striking ``except that, if'' and inserting ``If'';
and
(B) by striking ``subparagraph (A)'' and inserting
``paragraph (1)'';
(5) by striking ``Notwithstanding any other provision of
this paragraph'' and inserting the following:
``(3) Notwithstanding any other provision of this
subsection''; and
(6) by aligning the margins of paragraph (2) with the
margins of paragraph (3).
(c) Considerations in Designating New Head Start
Agencies.--Section 641(d) (42 U.S.C. 9836(d)) is amended--
(1) in the first sentence, by striking all that precedes
``then the Secretary'' and inserting ``If no entity in a
community is entitled to the priority specified in subsection
(c),'';
(2) by striking the second sentence;
(3) in the third sentence--
(A) in the matter preceding paragraph (1), by striking
``and subject to the preceding sentence'';
(B) in paragraph (3), by inserting ``, including Even Start
programs under part B of chapter 1 of title I of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
2741 et seq.),'' after ``preschool programs''; and
(C) in paragraph (4), to read as follows:
``(4) the plan of such applicant--
``(A) to seek the involvement of parents of participating
children in activities designed to help such parents become
full partners in the education of their children;
``(B) to afford such parents the opportunity to participate
in the development, conduct, and overall performance of the
program at the local level;
``(C) to offer (directly or through referral to local
entities, such as entities carrying out Even Start programs
under part B of chapter 1 of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 2741 et seq.),
public and school libraries, and family support programs) to
such parents--
``(i) family literacy services; and
``(ii) parenting skills training;
``(D) at the option of such applicant, to offer (directly
or through referral to local entities) to such parents--
``(i) training in basic child development;
``(ii) assistance in developing communication skills;
``(iii) opportunities for parents to share experiences with
other parents;
``(iv) substance abuse counseling; or
``(v) any other activity designed to help such parents
become full partners in the education of their children; and
``(E) to provide, with respect to each participating
family, a family needs assessment that includes consultation
with such parents about the benefits of parent involvement
and about the activities described in subparagraphs (C) and
(D) in which such parents may choose to become involved
(taking into consideration their specific family needs, work
schedules, and other responsibilities);'';
(4) in paragraph (7)--
(A) by striking ``non-English language children'' and
inserting ``non-English language background children and
their families''; and
(B) by inserting ``and'' after the semicolon;
(5) by striking paragraph (8); and
(6) by redesignating paragraph (9) as paragraph (8).
(d) Conforming Amendment.--Section 641 (42 U.S.C. 9836) is
amended--
(1) by striking subsection (f); and
(2) by redesignating subsection (g) as subsection (f).
SEC. 108. MONITORING AND QUALITY ASSURANCE.
The Act is amended by inserting after section 641 (42
U.S.C. 9836) the following new section:
``SEC. 641A. QUALITY STANDARDS; MONITORING OF HEAD START
AGENCIES AND PROGRAMS.
``(a) Quality Standards.--
``(1) Establishment of standards.--The Secretary shall
establish by regulation standards applicable to Head Start
agencies, programs, and projects under this subchapter,
including--
``(A) performance standards with respect to services
required to be provided, including health, education,
parental involvement, nutritional, social, transition
activities described in section 642(d), and other services;
``(B) administrative and financial management standards;
``(C) standards relating to the condition and location of
facilities for such agencies, programs, and projects; and
``(D) such other standards as the Secretary finds to be
appropriate.
``(2) Minimum requirements.--The regulations promulgated
under this subsection shall establish the minimum levels of
overall accomplishment that a Head Start agency shall achieve
in order to meet the standards specified in paragraph (1).
``(3) Considerations in developing standards.--In
developing the regulations required under paragraph (1), the
Secretary shall--
``(A) consult with experts in the fields of child
development, early childhood education, child health care,
family services (including linguistically and culturally
appropriate services to non-English language background
children and their families), administration, and financial
management, and with persons with experience in the operation
of Head Start programs;
``(B) take into consideration--
``(i) past experience with use of the standards in effect
under this subchapter on the date of enactment of this
section;
``(ii) changes over the period since the date of enactment
of this Act in the circumstances and problems typically
facing children and families served by Head Start agencies;
``(iii) developments concerning best practices with respect
to child development, children with disabilities, family
services, program administration, and financial management;
``(iv) projected needs of an expanding Head Start program;
``(v) guidelines and standards currently in effect or under
consideration that promote child health services, and
projected needs of expanding Head Start programs;
``(vi) changes in the population of children who are
eligible to participate in Head Start programs, including the
language background and family structure of such children;
and
``(vii) the need for, and state-of-the-art developments
relating to, local policies and activities designed to ensure
that children participating in Head Start programs make a
successful transition to public schools; and
``(C)(i) not later than 1 year after the date of enactment
of this section, review and revise as necessary the
performance standards in effect under 651(b) on the day
before the date of enactment of this section; and
``(ii) ensure that any such revisions in the performance
standards will not result in the elimination of or any
reduction in the scope or types of health, education,
parental involvement, nutritional, social, or other services
required to be provided under such standards as in effect on
November 2, 1978.
``(4) Standards relating to obligations to delegate
agencies.--In developing standards under this subsection, the
Secretary shall describe the obligations of a Head Start
agency to an agency (referred to in this subchapter as the
`delegate agency') to which the Head Start agency has
delegated responsibility for providing services under this
subchapter and determine whether the Head Start agency
complies with the standards. The Secretary shall consider
such compliance during the review described in subsection
(c)(1)(A) and in determining whether to renew financial
assistance to the Head Start agency under this subchapter.
``(b) Performance Measures.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary, in consultation
with representatives of Head Start agencies and with experts
in the fields of child development, family services, and
program management, shall develop methods and procedures for
measuring, annually and over longer periods, the quality and
effectiveness of programs operated by Head Start agencies
(referred to in this subchapter as `performance measures').
[[Page 840]]
``(2) Design of measures.--The performance measures
developed under this subsection shall be designed--
``(A) to assess the various services provided by Head Start
programs and, to the extent the Secretary finds appropriate,
administrative and financial management practices of such
programs;
``(B) to be adaptable for use in self-assessment and peer
review of individual Head Start agencies and programs; and
``(C) for other program purposes as determined by the
Secretary.
``(3) Use of measures.--The Secretary shall use the
performance measures developed pursuant to this subsection--
``(A) to identify strengths and weaknesses in the operation
of Head Start programs nationally and by region; and
``(B) to identify problem areas that may require additional
training and technical assistance resources.
``(c) Monitoring of Local Agencies and Programs.--
``(1) In general.--In order to determine whether Head Start
agencies meet standards established under this subchapter
with respect to program, administrative, financial
management, and other requirements, the Secretary shall
conduct the following reviews of designated Head Start
agencies, and of the Head Start programs operated by such
agencies:
``(A) A full review of each such agency at least once
during each 3-year period.
``(B) A review of each newly designated agency immediately
after the completion of the first year such agency carries
out a Head Start program.
``(C) Followup reviews including prompt return visits to
agencies and programs that fail to meet the standards.
``(D) Other reviews as appropriate.
``(2) Conduct of reviews.--The Secretary shall ensure that
reviews described in subparagraphs (A) through (C) of
paragraph (1)--
``(A) are performed, to the maximum extent practicable, by
employees of the Department of Health and Human Services who
are knowledgeable about Head Start programs;
``(B) are supervised by such an employee at the site of
such Head Start agency; and
``(C) are conducted by review teams that shall include
individuals who are knowledgeable about Head Start programs
and, to the maximum extent practicable, the diverse
(including linguistic and cultural) needs of eligible
children and their families.
``(d) Corrective Action; Termination.--
``(1) Determination.--If the Secretary determines, on the
basis of a review pursuant to subsection (c), that a Head
Start agency designated pursuant to section 641 fails to meet
the standards described in subsection (a), the Secretary
shall--
``(A) inform the agency of the deficiencies that shall be
corrected;
``(B) with respect to each identified deficiency, require
the agency--
``(i) to correct the deficiency immediately; or
``(ii) at the discretion of the Secretary (taking into
consideration the seriousness of the deficiency and the time
reasonably required to correct the deficiency), to comply
with the requirements of paragraph (2) concerning a quality
improvement plan; and
``(C) initiate proceedings to terminate the designation of
the agency unless the agency corrects the deficiency.
``(2) Quality improvement plan.--
``(A) Agency responsibilities.--In order to retain a
designation as a Head Start agency under this subchapter, a
Head Start agency that is the subject of a determination
described in paragraph (1) (other than an agency able to
correct a deficiency immediately) shall--
``(i) develop in a timely manner, obtain the approval of
the Secretary regarding, and implement a quality improvement
plan that specifies--
``(I) the deficiencies to be corrected;
``(II) the actions to be taken to correct such
deficiencies; and
``(III) the timetable for accomplishment of the corrective
actions specified; and
``(ii) eliminate each deficiency identified, not later than
the date for elimination of such deficiency specified in such
plan (which shall not be later than 1 year after the date the
agency received notice of the determination and of the
specific deficiency to be corrected).
``(B) Secretarial responsibility.--Not later than 30 days
after receiving from a Head Start agency a proposed quality
improvement plan pursuant to subparagraph (A), the Secretary
shall either approve such proposed plan or specify the
reasons why the proposed plan cannot be approved.
``(3) Training and technical assistance.--The Secretary
shall provide training and technical assistance to Head Start
agencies with respect to the development or implementation of
such quality improvement plans to the extent the Secretary
finds such provision to be feasible and appropriate given
available funding and other statutory responsibilities.
``(e) Summaries of Monitoring Outcomes.--Not later than 120
days after the end of each fiscal year, the Secretary shall
publish a summary report on the findings of reviews conducted
under subsection (c) and on the outcomes of quality
improvement plans implemented under subsection (d), during
such fiscal year.''.
SEC. 109. ENHANCED PARENT INVOLVEMENT AND TRANSITION
COORDINATION WITH SCHOOLS.
Section 642 (42 U.S.C. 9837) is amended--
(1) by amending subsection (b) to read as follows:
``(b) In order to be so designated, a Head Start agency
shall also--
``(1) establish effective procedures by which parents and
area residents concerned will be enabled to directly
participate in decisions that influence the character of
programs affecting their interests;
``(2) provide for their regular participation in the
implementation of such programs;
``(3) provide technical and other support needed to enable
parents and area residents to secure on their own behalf
available assistance from public and private sources;
``(4) seek the involvement of parents of participating
children in activities designed to help such parents become
full partners in the education of their children, and to
afford such parents the opportunity to participate in the
development, conduct, and overall performance of the program
at the local level;
``(5) offer (directly or through referral to local
entities, such as entities carrying out Even Start programs
under part B of chapter 1 of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 2741 et seq.)), to
parents of participating children, family literacy services
and parenting skills training;
``(6) at the option of such agency, offer (directly or
through referral to local entities), to such parents--
``(A) training in basic child development;
``(B) assistance in developing communication skills;
``(C) opportunities to share experiences with other
parents;
``(D) substance abuse counseling;
``(E) regular in-home visitation; or
``(F) any other activity designed to help such parents
become full partners in the education of their children;
``(7) provide, with respect to each participating family, a
family needs assessment that includes consultation with such
parents about the benefits of parent involvement and about
the activities described in paragraphs (4) through (6) in
which such parents may choose to be involved (taking into
consideration their specific family needs, work schedules,
and other responsibilities);
``(8) consider providing services to assist younger
siblings of children participating in its Head Start program
to obtain health services from other sources; and
``(9) perform community outreach to encourage individuals
previously unaffiliated with Head Start programs to
participate in its Head Start program as volunteers.'';
(2) in subsection (c)--
(A) by striking ``schools that will subsequently serve
children in Head Start programs,''; and
(B) by inserting ``, including Even Start programs under
part B of chapter 1 of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 2741 et seq.),''
after ``other programs''; and
(3) by adding after subsection (c) the following new
subsection:
``(d)(1) Each Head Start agency shall carry out the actions
specified in this subsection, to the extent feasible and
appropriate in the circumstances (including the extent to
which such agency is able to secure the cooperation of
parents and schools) to enable children to maintain the
developmental gains achieved in Head Start programs and to
build upon such gains in further schooling.
``(2) The Head Start agency shall take steps to coordinate
with the local educational agency serving the community
involved and with schools in which children participating in
a Head Start program operated by such agency will enroll
following such program, including--
``(A) developing and implementing a systematic procedure
for transferring, with parental consent, Head Start program
records for each participating child to the school in which
such child will enroll;
``(B) establishing channels of communication between Head
Start staff and their counterparts in the schools (including
teachers, social workers, and health staff) to facilitate
coordination of programs;
``(C) conducting meetings involving parents, kindergarten
or elementary school teachers, and Head Start program
teachers to discuss the developmental and other needs of
individual children; and
``(D) organizing and participating in joint transition-
related training of school staff and Head Start staff.
``(3) A Head Start agency may take steps to coordinate with
the local educational agency serving the community involved
and with schools in which children participating in a Head
Start program operated by such agency will enroll following
such program, including--
``(A) collaborating on the shared use of transportation and
facilities; and
``(B) exchanging information on the provision of
noneducational services to such children.
``(4) In order to promote the continued involvement of the
parents of children that participate in Head Start programs
in the education of their children upon transition to school,
the Head Start agency shall--
``(A) provide training to the parents--
``(i) to inform the parents about their rights and
responsibilities concerning the education of their children;
and
``(ii) to enable the parents to understand and work with
schools in order to communicate with teachers and other
school personnel, to support the school work of their
children, and to participate as appropriate in
[[Page 841]]
decisions relating to the education of their children; and
``(B) take other actions, as appropriate and feasible, to
support the active involvement of the parents with schools,
school personnel, and school-related organizations.
``(5) The Secretary, in cooperation with the Secretary of
Education, shall--
``(A) evaluate the effectiveness of the projects and
activities funded under the Head Start Transition Project Act
(42 U.S.C. 9855 et seq.);
``(B) disseminate to Head Start agencies information
(including information from the evaluation required by
subparagraph (A)) on effective policies and activities
relating to the transition of children from Head Start
programs to public schools; and
``(C) provide technical assistance to such agencies to
promote and assist such agencies to adopt and implement such
effective policies and activities.''.
SEC. 110. FACILITIES AND ADMINISTRATIVE REQUIREMENTS.
Section 644 (42 U.S.C. 9839) is amended--
(1) in subsection (d), by striking ``guidelines,
instructions,'';
(2) in subsection (f)--
(A) in paragraph (2), by striking ``640(a)(3)(A)(v)'' and
inserting ``640(a)(3)(C)(v)''; and
(B) by adding at the end the following new paragraph:
``(3) Upon a determination by the Secretary that suitable
facilities are not otherwise available to Indian tribes to
carry out Head Start programs, and that the lack of suitable
facilities will inhibit the operation of such programs, the
Secretary, in the discretion of the Secretary, may authorize
the use of financial assistance, from the amount reserved
under section 640(a)(2)(A), to make payments for the purchase
of facilities owned by such tribes. The amount of such a
payment for such a facility shall not exceed the fair market
value of the facility.''; and
(3) by adding at the end the following new subsections:
``(g)(1) Upon a determination by the Secretary that
suitable facilities (including public school facilities) are
not otherwise available to Indian tribes, rural communities,
and other low-income communities to carry out Head Start
programs, that the lack of suitable facilities will inhibit
the operation of such programs, and that construction of such
facilities is more cost effective than purchase of available
facilities or renovation, the Secretary, in the discretion of
the Secretary, may authorize the use of financial assistance
under this subchapter to make payments for capital
expenditures related to facilities that will be used to carry
out such programs. The Secretary shall establish uniform
procedures for Head Start agencies to request approval for
such payments, and shall promote, the extent practicable, the
collocation of Head Start programs with other programs
serving low-income children and families.
``(2) Such payments may be used for capital expenditures
(including paying the cost of amortizing the principal, and
paying interest on, loans) such as expenditures for--
``(A) construction of facilities that are not in existence
on the date of the determination;
``(B) major renovation of facilities in existence on such
date; and
``(C) purchase of vehicles used for programs conducted at
the Head Start facilities.
``(3) All laborers and mechanics employed by contractors or
subcontractors in the construction or renovation of
facilities to be used to carry out Head Start programs shall
be paid wages at not less than those prevailing on similar
construction in the locality, as determined by the Secretary
of Labor in accordance with the Act of March 3, 1931, as
amended (40 U.S.C. 276a et seq., commonly known as the
`Davis-Bacon Act').
``(h) In all personnel actions of the American Indian
Programs Branch of the Head Start Bureau of the
Administration for Children and Families, the Secretary shall
give the same preference to individuals who are members of an
Indian tribe as the Secretary gives to a disabled veteran, as
defined in section 2108(3)(C) of title 5, United States Code.
The Secretary shall take such additional actions as may be
necessary to promote recruitment of such individuals for
employment in the Administration.''.
SEC. 111. PARTICIPATION.
Section 645 (42 U.S.C. 9840) is amended
(1) in subsection (c)--
(A) in the first sentence, by striking ``may provide'' and
all that follows and inserting ``shall be permitted to
provide more than 1 year of Head Start services to eligible
children (age 3 to compulsory school attendance) in the
State.''; and
(B) by striking the second sentence; and
(2) by adding at the end the following new subsection:
``(d)(1) An Indian tribe that--
``(A) operates a Head Start program;
``(B) enrolls as participants in the program all children
in the community served by the tribe (including a community
with a near-reservation designation, as defined by the Bureau
of Indian Affairs) from families that meet the low-income
criteria prescribed under subsection (a)(1)(A); and
``(C) has the resources to enroll additional children in
the community who do not meet the low-income criteria;
may enroll such additional children in a Head Start program,
in accordance with this subsection, if the program
predominantly serves children who meet the low-income
criteria.
``(2) The Indian tribe shall enroll the children in the
Head Start program in accordance with such requirements as
the Secretary may specify by regulation promulgated after
consultation with Indian tribes.
``(3) In providing services through a Head Start program to
such children, the Indian tribe may not use funds that the
Secretary has determined, in accordance with section
640(g)(3), are to be used for expanding Head Start programs
under this subchapter.''.
SEC. 112. INITIATIVE ON FAMILIES WITH INFANTS AND TODDLERS.
(a) Establishment.--The Act is amended by adding after
section 645 (42 U.S.C. 9840) the following new section:
``SEC. 645A. PROGRAMS FOR FAMILIES WITH INFANTS AND TODDLERS.
``(a) In General.--The Secretary shall make grants, in
accordance with the provisions of this section for--
``(1) programs providing family-centered services for low-
income families with very young children designed to promote
the development of the children, and to enable their parents
to fulfill their roles as parents and to move toward self-
sufficiency; and
``(2) provision of training and technical assistance to
entities carrying out programs, and evaluation of programs,
that were supported under the Comprehensive Child Development
Act (42 U.S.C. 9881 et seq.), as in effect on the day before
the date of enactment of this section.
``(b) Scope and Design of Programs.--In carrying out a
program described in subsection (a), an entity receiving
assistance under this section shall--
``(1) provide, either directly or through referral, early,
continuous, intensive, and comprehensive child development
and family support services that will enhance the physical,
social, emotional, and intellectual development of
participating children;
``(2) ensure that the level of services provided to
families responds to their needs and circumstances;
``(3) promote positive parent-child interactions;
``(4) provide services to parents to support their role as
parents and to help the families move toward self-sufficiency
(including educational and employment services as
appropriate);
``(5) coordinate services with services provided by
programs in the State and programs in the community to ensure
a comprehensive array of services (such as health and mental
health services);
``(6) ensure formal linkages with local Head Start programs
in order to provide for continuity of services for children
and families;
``(7) in the case of a Head Start agency that operates a
program and that also provides Head Start services through
the age of mandatory school attendance, ensure that children
and families participating in the program receive such
services through such age; and
``(8) meet such other requirements concerning design and
operation of the program described in subsection (a) as the
Secretary may establish.
``(c) Persons Eligible To Participate.--Persons who may
participate in programs described in subsection (a)(1)
include--
``(1) pregnant women; and
``(2) families with children under age 3 (or under age 5,
in the case of children served by an entity specified in
subsection (e)(3));
who meet the income criteria specified for families in
section 645(a)(1).
``(d) Eligible Service Providers.--To be eligible to
receive assistance under this section, an entity shall submit
an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require.
Entities that may apply to carry out activities under this
section include--
``(1) entities operating Head Start programs under this
subchapter;
``(2) entities that, on the day before the date of
enactment of this section, were operating--
``(A) Parent-Child Centers receiving financial assistance
under section 640(a)(4), as in effect on such date; or
``(B) programs receiving financial assistance under the
Comprehensive Child Development Act, as in effect on such
date; and
``(3) other public entities, and nonprofit private
entities, capable of providing child and family services that
meet the standards for participation in programs under this
subchapter and meet such other appropriate requirements
relating to the activities under this section as the
Secretary may establish.
``(e) Time-Limited Priority for Certain Entities.--
``(1) In general.--From amounts allotted pursuant to
paragraphs (2) and (4) of section 640(a), the Secretary shall
provide financial assistance in accordance with paragraphs
(2) through (4).
``(2) Parent-child centers.--The Secretary shall make
financial assistance available under this section for each of
fiscal years 1995, 1996, and 1997 to any entity that--
``(A) complies with subsection (b); and
``(B) received funding as a Parent-Child Center pursuant to
section 640(a)(4), as in effect on the day before the date of
enactment of this section, for fiscal year 1994.
``(3) Comprehensive child development centers.--
``(A) In the case of an entity that received a grant for
fiscal year 1994 to operate a project under the Comprehensive
Child Development Act, the Secretary--
``(i) shall make financial assistance available under this
section, in a comparable amount and scope to the assistance
provided
[[Page 842]]
for fiscal year 1994, for the duration of the project period
specified in the grant award to such entity under such Act;
and
``(ii) shall permit such entity, in carrying out activities
assisted under this section, to serve children from birth
through age 5.
``(B) In the case of an entity that received a grant for
fiscal year 1989 to operate a project under the Comprehensive
Child Development Act, the Secretary shall make assistance
available under this section for each of fiscal years 1995,
1996, and 1997 to any entity that complies with subsection
(b).
``(4) Evaluations, training, and technical assistance.--The
Secretary shall make financial assistance available under
this section as necessary to provide for the evaluation of,
and furnishing of training and technical assistance to,
programs specified in paragraph (3)(A).
``(f) Selection of Other Grant Recipients.--From the
balance remaining of the portion specified in section
640(a)(6), after making grants to the eligible entities
specified in subsection (e), the Secretary shall award grants
under this subsection on a competitive basis to applicants
meeting the criteria specified in subsection (d) (giving
priority to entities with a record of providing early,
continuous, and comprehensive childhood development and
family services).
``(g) Distribution.--In awarding grants to eligible
applicants under this section, the Secretary shall--
``(1) ensure an equitable national geographic distribution
of the grants; and
``(2) award grants to applicants proposing to serve
communities in rural areas and to applicants proposing to
serve communities in urban areas.
``(h) Secretarial Responsibilities.--
``(1) Guidelines.--Not later than September 30, 1994, the
Secretary shall develop program guidelines concerning the
content and operation of programs assisted under this
section--
``(A) in consultation with experts in early childhood
development, experts in health, and experts in family
services; and
``(B) taking into consideration the knowledge and
experience gained from other early childhood programs,
including programs under the Comprehensive Child Development
Act, and from migrant Head Start programs that serve a large
number of infants and toddlers.
``(2) Standards.--Not later than December 30, 1994, the
Secretary shall develop and publish performance standards for
programs assisted under this section, and a grant
announcement based on the guidelines developed under
paragraph (1).
``(3) Monitoring, training, technical assistance, and
evaluation.--In order to ensure the successful operation of
programs assisted under this section, the Secretary shall use
funds from the balance described in subsection (f) to monitor
the operation of such programs, evaluate their effectiveness,
and provide training and technical assistance tailored to the
particular needs of such programs.''.
(b) Consolidation.--
(1) In general.--In recognition that the Comprehensive
Child Development Centers Act has demonstrated positive
results, and that its purposes and functions have been
consolidated into section 645A of the Head Start Act, the
Comprehensive Child Development Centers Act of 1988 (42
U.S.C. 9801 note) and the Comprehensive Child Development Act
(42 U.S.C. 9881 et seq.) are repealed.
(2) Repeals.--
(A) Part E of title II of the Augustus F. Hawkins-Robert T.
Stafford Elementary and Secondary School Amendments of 1988
(Public Law 100-297; 102 Stat. 325) is repealed.
(B) Subchapter F of chapter 8 of subtitle A of title VI of
the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-
35; 42 U.S.C. 9801 note, et seq.) is repealed.
(c) Conforming Amendment.--Section 638 of the Head Start
Act (42 U.S.C. 9833) is amended--
(1) in subsection (a) by striking ``(a)''; and
(2) by striking subsection (b).
SEC. 113. APPEALS, NOTICE, AND HEARING.
(a) Mediation for Disputes With Delegate Agencies, and
Hearing.--Section 646(a) (42 U.S.C. 9841(a)) is amended--
(1) at the end of paragraph (2), by striking ``and'';
(2) at the end of paragraph (3), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) the Secretary shall develop and publish procedures
(including mediation procedures) to be used in order to--
``(A) resolve in a timely manner conflicts potentially
leading to adverse action between--
``(i) recipients of financial assistance under this
subchapter; and
``(ii) delegate agencies or Head Start Parent Policy
Councils; and
``(B) avoid the need for an administrative hearing on an
adverse action.''.
(b) Termination of Designation Not Stayed Pending Appeal.--
Section 646 (42 U.S.C. 9841) is further amended by striking
subsection (b) and inserting the following new subsection:
``(b) In prescribing procedures for the mediation described
in subsection (a)(4), the Secretary shall specify--
``(1) the date by which a Head Start agency engaged in a
conflict described in subsection (a)(4) will notify the
appropriate regional office of the Department of the
conflict; and
``(2) a reasonable period for the mediation.
``(c) The Secretary shall also specify--
``(1) a timeline for an administrative hearing, if
necessary, on an adverse action; and
``(2) a timeline by which the person conducting the
administrative hearing shall issue a decision based on the
hearing.
``(d) In any case in which a termination, reduction, or
suspension of financial assistance under this subchapter is
upheld in an administrative hearing under this section, such
termination, reduction, or suspension shall not be stayed
pending any judicial appeal of such administrative decision.
``(e)(1) The Secretary shall by regulation specify a
process by which an Indian tribe may identify and establish
an alternative agency, and request that the alternative
agency be designated under section 641 as the Head Start
agency providing services to the tribe, if--
``(A) the Secretary terminates financial assistance under
section 646 to the only agency that was receiving financial
assistance to provide Head Start services to the Indian
tribe; and
``(B) the tribe would otherwise be precluded from providing
such services to the members of the tribe.
``(2) The regulation required by this subsection shall
prohibit such designation of an alternative agency that
includes an employee who--
``(A) served on the administrative staff or program staff
of the agency described in paragraph (1)(A); and
``(B) was responsible for a deficiency that--
``(i) relates to the performance standards or financial
management standards described in section 641A(a)(1); and
``(ii) was the basis for the termination of financial
assistance described in paragraph (1)(A);
as determined by the Secretary after providing the notice and
opportunity described in subsection (a)(3).''.
SEC. 114. GOALS AND PRIORITIES FOR TRAINING AND TECHNICAL
ASSISTANCE.
Section 648 (42 U.S.C. 9843) is amended--
(1) in the section heading to read as follows:
``technical assistance and training'';
(2) in subsection (a)(2), by striking ``Head Start
programs, including'' and inserting ``Head Start programs, in
accordance with the process, and the provisions for
allocating resources, set forth in subsections (b) and (c).
The Secretary shall provide, either directly or through
grants or other arrangements,'';
(3)(A) by redesignating the final sentence of subsection
(a), as amended by paragraph (2), as subsection (e);
(B) by transferring such subsection to the end of the
section; and
(C) by indenting such subsection and aligning the margins
of such subsection with the margins of subsection (d);
(4) by striking subsections (b) and (c);
(5) by inserting after subsection (a) the following new
subsections:
``(b) The process for determining the technical assistance
and training activities to be carried out under this section
shall--
``(1) ensure that the needs of local Head Start agencies
and programs relating to improving program quality and to
program expansion are addressed to the maximum extent
feasible; and
``(2) incorporate mechanisms to ensure responsiveness to
local needs, including an ongoing procedure for obtaining
input from the individuals and agencies carrying out Head
Start programs.
``(c) In allocating resources for technical assistance and
training under this section, the Secretary shall--
``(1) give priority consideration to activities to correct
program and management deficiencies identified through
reviews pursuant to section 641A(c) (including the provision
of assistance to local programs in the development of quality
improvement plans under section 641A(d)(2));
``(2) address the training and career development needs of
classroom staff (including instruction for providing services
to children with disabilities) and nonclassroom staff,
including home visitors and other staff working directly with
families, including training relating to increasing parent
involvement and services designed to increase family literacy
and improve parenting skills;
``(3) assist Head Start agencies and programs in conducting
and participating in communitywide strategic planning and
needs assessment;
``(4) assist Head Start agencies and programs in developing
full-working-day and full-calendar-year programs where
community need is clearly identified and making the
transition to such programs, with particular attention to
involving parents and programming for children throughout a
longer day;
``(5) assist Head Start agencies in better serving the
needs of families with very young children;
``(6) assist Head Start agencies and programs in the
development of sound management practices, including
financial management procedures;
``(7) assist in efforts to secure and maintain adequate
facilities for Head Start programs; and
``(8) assist Head Start agencies in developing innovative
program models, including mobile and home-based programs.'';
and
(6) in subsection (d), by adding at the end the following:
``Special consideration shall be given to entities that have
demonstrated effectiveness in educational programming for
preschool children that includes components for parental
involvement, care provider training, and de-
[[Page 843]]
velopmentally appropriate related activities.''.
SEC. 115. STAFF QUALIFICATIONS AND DEVELOPMENT.
The Head Start Act is amended by inserting after section
648 (42 U.S.C. 9843) the following new section:
``SEC. 648A. STAFF QUALIFICATIONS AND DEVELOPMENT.
``(a) Classroom Teachers.--
``(1) Degree requirements.--The Secretary shall ensure that
not later than September 30, 1996, each Head Start classroom
in a center-based program is assigned one teacher who has--
``(A) a child development associate (CDA) credential that
is appropriate to the age of the children being served in
center-based programs;
``(B) a State-awarded certificate for preschool teachers
that meets or exceeds the requirements for a child
development associate credential;
``(C) an associate, a baccalaureate, or an advanced degree
in early childhood education; or
``(D) a degree in a field related to early childhood
education with experience in teaching preschool children and
a State-awarded certificate to teach in a preschool program.
``(2) Waiver.--On request, the Secretary shall grant a 180-
day waiver of the requirements of paragraph (1) with respect
to an individual who--
``(A) is first employed after September 30, 1996, by a Head
Start agency as a teacher for a Head Start classroom;
``(B) is enrolled in a program that grants any credential,
certificate, or degree specified in subparagraph (A), (B),
(C), or (D) of paragraph (1); and
``(C) will receive such credential under the terms of such
program not later than 180 days after beginning employment as
a teacher with such agency.
``(3) Limitation.--The Secretary may not grant more than
one such waiver with respect to such individual.
``(b) Mentor Teachers.--
``(1) Definition; function.--For purposes of this
subsection, the term `mentor teacher' means an individual
responsible for observing and assessing the classroom
activities of a Head Start program and providing on-the-job
guidance and training to the Head Start program staff and
volunteers, in order to improve the qualifications and
training of classroom staff, to maintain high quality
education services, and to promote career development, in
Head Start programs.
``(2) Requirement.--In order to assist Head Start agencies
in establishing positions for mentor teachers, the Secretary
shall--
``(A) provide technical assistance and training to enable
Head Start agencies to establish such positions;
``(B) give priority consideration, in providing assistance
pursuant to subparagraph (A), to Head Start programs that
have substantial numbers of new classroom staff, that are
experiencing difficulty in meeting applicable education
standards, or that lack staff of a similar cultural
background to that of the participating children and their
families;
``(C) encourage Head Start programs to give priority
consideration for such positions to Head Start teachers at
the appropriate level of career advancement in such programs;
and
``(D) promote the development of model curricula, designed
to ensure the attainment of appropriate competencies of
mentor teachers in Head Start programs.
``(c) Family Service Workers.--In order to improve the
quality and effectiveness of staff providing in-home and
other services (including needs assessment, development of
service plans, family advocacy, and coordination of service
delivery) to families of children participating in Head Start
programs, the Secretary, in coordination with concerned
public and private agencies and organizations examining the
issues of standards and training for family service workers,
shall--
``(1) review and, as necessary, revise or develop new
qualification standards for Head Start staff providing such
services;
``(2) promote the development of model curricula (on
subjects including parenting training and family literacy)
designed to ensure the attainment of appropriate competencies
by individuals working or planning to work in the field of
early childhood and family services; and
``(3) promote the establishment of a credential that
indicates attainment of the competencies and that is accepted
nationwide.
``(d) Head Start Fellowships.--
``(1) Authority.--The Secretary may establish a program of
fellowships, to be known as `Head Start Fellowships', in
accordance with this subsection. The Secretary may award the
fellowships to individuals, to be known as `Head Start
Fellows', who are staff in local Head Start programs or other
individuals working in the field of child development and
family services.
``(2) Purpose.--The fellowship program established under
this subsection shall be designed to enhance the ability of
Head Start Fellows to make significant contributions to
programs authorized under this subchapter, by providing
opportunities to expand their knowledge and experience
through exposure to activities, issues, resources, and new
approaches, in the field of child development and family
services.
``(3) Assignments of fellows.--
``(A) Placement sites.--Fellowship positions under the
fellowship program may be located (subject to subparagraphs
(B) and (C))--
``(i) in agencies of the Department of Health and Human
Services administering programs authorized under this
subchapter (in national or regional offices of such
agencies);
``(ii) in local Head Start agencies and programs;
``(iii) in institutions of higher education;
``(iv) in public or private entities and organizations
concerned with services to children and families; and
``(v) in other appropriate settings.
``(B) Limitation for fellows other than head start
employees.--A Head Start Fellow who is not an employee of a
local Head Start agency or program may be placed only in a
fellowship position located in an agency or program specified
in clause (i) or (ii) of subparagraph (A).
``(C) No placement in lobbying organizations.--Head Start
Fellowship positions may not be located in any agency whose
primary purpose, or one of whose major purposes, is to
influence Federal, State, or local legislation.
``(4) Selection of fellows.--Head Start Fellowships shall
be awarded on a competitive basis to individuals (other than
Federal employees) selected from among applicants who are
working, on the date of application, in local Head Start
programs or otherwise working in the field of child
development and children and family services.
``(5) Duration.--Head Start Fellowships shall be for terms
of 1 year, and may be renewed for a term of 1 additional
year.
``(6) Authorized expenditures.--From amounts appropriated
under this subchapter and allotted under section
640(a)(2)(D), the Secretary is authorized to make
expenditures of not to exceed $1,000,000 for any fiscal year,
for stipends and other reasonable expenses of the fellowship
program.
``(7) Status of fellows.--Except as otherwise provided in
this paragraph, Head Start Fellows shall not be considered to
be employees or otherwise in the service or employment of the
Federal Government. Head Start Fellows shall be considered to
be employees for purposes of compensation for injuries under
chapter 81 of title 5, United States Code. Head Start Fellows
assigned to positions located in agencies specified in
paragraph (3)(A)(i) shall be considered employees in the
executive branch of the Federal Government for the purposes
of chapter 11 of title 18, United States Code, and for
purposes of any administrative standards of conduct
applicable to the employees of the agency to which they are
assigned.
``(8) Regulations.--The Secretary shall promulgate
regulations to carry out this subsection.
``(e) Model Staffing Plans.--Not later than 1 year after
the date of enactment of this subsection, the Secretary, in
consultation with appropriate public agencies, private
agencies, and organizations and with individuals with
expertise in the field of children and family services, shall
develop model staffing plans to provide guidance to local
Head Start agencies and programs on the numbers, types,
responsibilities, and qualifications of staff required to
operate a Head Start program.''.
SEC. 116. RESEARCH, DEMONSTRATIONS, EVALUATION.
Section 649 (42 U.S.C. 9844) is amended to read as follows:
``SEC. 649. RESEARCH, DEMONSTRATIONS, AND EVALUATION.
``(a) In General.--
``(1) Requirement; general purposes.--The Secretary shall
carry out a continuing program of research, demonstration,
and evaluation activities, in order to--
``(A) foster continuous improvement in the quality of the
Head Start programs under this subchapter and in their
effectiveness in enabling participating children and their
families to succeed in school and otherwise; and
``(B) use the Head Start programs to develop, test, and
disseminate new ideas and approaches for addressing the needs
of low-income preschool children (including children with
disabilities) and their families and communities (including
demonstrations of innovative noncenter-based program models
such as home-based and mobile programs), and otherwise to
further the purposes of this subchapter.
``(2) Plan.--The Secretary shall develop, and periodically
update, a plan governing the research, demonstration, and
evaluation activities under this section.
``(b) Conduct of Research, Demonstration, and Evaluation
Activities.--The Secretary, in order to conduct research,
demonstration, and evaluation activities under this section--
``(1) may carry out such activities directly, or through
grants to, or contracts or cooperative agreements with,
public or private entities;
``(2) shall, to the extent appropriate, undertake such
activities in collaboration with other Federal agencies, and
with non-Federal agencies, conducting similar activities;
``(3) shall ensure that evaluation of activities in a
specific program or project is conducted by persons not
directly involved in the operation of such program or
project;
``(4) may require Head Start agencies to provide for
independent evaluations;
``(5) may approve, in appropriate cases, community-based
cooperative research and evaluation efforts to enable Head
Start programs to collaborate with qualified research-
[[Page 844]]
ers not directly involved in program administration or
operation; and
``(6) may collaborate with organizations with expertise in
inclusive educational strategies for preschoolers with
disabilities.
``(c) Consultation and Collaboration.--In carrying out
activities under this section, the Secretary shall--
``(1) consult with--
``(A) individuals from relevant academic disciplines;
``(B) individuals who are involved in the operation of Head
Start programs and individuals who are involved in the
operation of other child and family service programs; and
``(C) individuals from other Federal agencies, and
individuals from organizations, involved with children and
families, ensuring that the individuals described in this
subparagraph reflect the multicultural nature of the children
and families served by the Head Start programs and the
multidisciplinary nature of the Head Start programs;
``(2) whenever feasible and appropriate, obtain the views
of persons participating in and served by programs and
projects assisted under this subchapter with respect to
activities under this section; and
``(3) establish, to the extent appropriate, working
relationships with the faculties of institutions of higher
education, as defined in section 1201(a) of the Higher
Education Act of 1965 (20 U.S.C. 1141(a)), located in the
area in which any evaluation under this section is being
conducted, unless there is no such institution of higher
education willing and able to participate in such evaluation.
``(d) Specific Objectives.--The research, demonstration,
and evaluation activities under this subchapter shall include
components designed to--
``(1) permit ongoing assessment of the quality and
effectiveness of the programs under this subchapter;
``(2) contribute to developing knowledge concerning factors
associated with the quality and effectiveness of Head Start
programs and in identifying ways in which services provided
under this subchapter may be improved;
``(3) assist in developing knowledge concerning the factors
that promote or inhibit healthy development and effective
functioning of children and their families both during and
following participation in a Head Start program;
``(4) permit comparisons of children and families
participating in Head Start programs with children and
families receiving other child care, early childhood
education, or child development services and with other
appropriate control groups;
``(5) contribute to understanding the characteristics and
needs of population groups eligible for services provided
under this subchapter and the impact of such services on the
individuals served and the communities in which such services
are provided;
``(6) provide for disseminating and promoting the use of
the findings from such research, demonstration, and
evaluation activities; and
``(7) promote exploration of areas in which knowledge is
insufficient, and that will otherwise contribute to
fulfilling the purposes of this subchapter.
``(e) Longitudinal Studies.--In developing priorities for
research, demonstration, and evaluation activities under this
section, the Secretary shall give special consideration to
longitudinal studies that--
``(1) examine the developmental progress of children and
their families both during and following participation in a
Head Start program, including the examination of factors that
contribute to or detract from such progress;
``(2) examine factors related to improving the quality of
the Head Start programs and the preparation the programs
provide for children and their families to function
effectively in schools and other settings in the years
following participation in such a program; and
``(3) as appropriate, permit comparison of children and
families participating in Head Start programs with children
and families receiving other child care, early childhood
education, or child development services, and with other
appropriate control groups.
``(f) Ownership of Results.--The Secretary shall take
necessary steps to ensure that all studies, reports,
proposals, and data produced or developed with Federal funds
under this subchapter shall become the property of the United
States.''.
SEC. 117. ANNOUNCEMENTS AND EVALUATIONS.
Section 650 (42 U.S.C. 9845) is repealed.
SEC. 118. REPORTS.
(a) In General.--Section 651 (42 U.S.C. 9846) is amended--
(1) by striking the section heading and all that follows
through subsection (f) and inserting:
``SEC. 651. REPORTS.'';
(2) by striking ``(g)'';
(3) in paragraph (10), by striking ``evaluations conducted
under section 641(c)(2)'' and inserting ``monitoring
conducted under section 641A(c)''; and
(4)(A) by striking ``and'' at the end of paragraph (11);
(B) by striking the period at the end of paragraph (12) and
inserting a semicolon;
(C) by adding after paragraph (12) the following new
paragraphs:
``(13) a summary of information concerning the research,
demonstration, and evaluation activities conducted under
section 649, including--
``(A) a status report on ongoing activities; and
``(B) results, conclusions, and recommendations, not
included in any previous report, based on completed
activities; and
``(14) a study of the delivery of Head Start programs to
Indian children living on and near Indian reservations, to
children of Alaskan Natives, and to children of migrant and
seasonal farmworkers.''.
(b) Redesignation.--Section 651 is redesignated as section
650.
SEC. 119. REPEALS.
Sections 651A and 652 (42 U.S.C. 9846a and 9847) are
repealed.
SEC. 120. STUDY OF BENEFITS FOR HEAD START EMPLOYEES.
(a) Study.--The Secretary of Health and Human Services
shall conduct a study regarding the benefits available to
individuals employed by Head Start agencies under the Head
Start Act (42 U.S.C. 9831 et seq.).
(b) Report.--
(1) Preparation.--The Secretary shall prepare a report,
containing the results of the study, that--
(A) describes the benefits, including health care benefits,
family and medical leave, and retirement pension benefits,
available to such individuals;
(B) includes recommendations for increasing the access of
the individuals to benefits, including access to a retirement
pension program; and
(C) addresses the feasibility of participation by such
individuals in the Federal Employees' Retirement System under
chapter 84 of title 5, United States Code.
(2) Submission.--The Secretary shall submit the report to
the appropriate committees of Congress.
SEC. 121. READY TO LEARN PROGRAM REAUTHORIZATION.
(a) Transfer.--
(1) In general.--Part G of title IV of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 3161 et seq.)--
(A) is amended by redesignating sections 4701 through 4708
as sections 471 through 478;
(B) is transferred to the General Education Provisions Act
(20 U.S.C. 1221 et seq.);
(C) is redesignated as part F of such Act; and
(D) is inserted after part E of such Act.
(2) Conforming amendments.--
(A) Section 471(a) of the General Education Provisions Act
(as transferred and added by paragraph (1)) is amended--
(i) by striking ``Secretary'' and inserting ``Secretary of
Education (hereafter referred to in this subchapter as the
`Secretary')''; and
(ii) by striking ``4702(b)'' and inserting ``472(b)''.
(B) Section 474 of the General Education Provisions Act (as
transferred and added by paragraph (1)) is amended by
striking ``4701 or 4703'' and inserting ``471 or 473''.
(C) Section 475 of the General Education Provisions Act (as
transferred and added by paragraph (1)) is amended--
(i) in subsection (a), by striking ``4701'' and inserting
``471''; and
(ii) in subsection (b)--
(I) by striking ``4702(a)'' in paragraph (1) and inserting
``472(a)''; and
(II) by striking ``4703(3)'' in paragraph (1) and inserting
``473(3)''.
(D) Section 476(a) of the General Education Provisions Act
(as transferred and added by paragraph (1)) is amended in
subsection (b), by striking ``4703(1)(C)'' and inserting
``473(1)(C).
(b) Eligible Entities.--Section 472(b)(1) of the General
Education Provisions Act (as transferred and added by
subsection (a)(1)) is amended by striking ``, nongovernmental
entity'' and inserting ``entity (including public
telecommunications entities)''.
(c) Authorization of Appropriations.--Section 476(a) of the
General Education Provisions Act (as transferred and added by
subsection (a)(1)) is amended--
(1) by striking ``$25,000,000 for fiscal year 1993'' and
inserting ``$30,000,000 for fiscal year 1995''; and
(2) by striking ``for fiscal year 1994.'' and inserting
``for each of fiscal years 1996 and 1998.''.
SEC. 122. STATE DEPENDENT CARE DEVELOPMENT PROGRAMS.
Section 670A of the State Dependent Care Development Grants
Act (42 U.S.C. 9871) is amended by striking ``are authorized
to be appropriated'' and all that follows and inserting ``is
authorized to be appropriated $13,000,000 for fiscal year
1995.''.
SEC. 123. CONSULTATION WITH THE CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE.
The Act is amended by adding at the end the following:
``SEC. 657A. CONSULTATION WITH THE CORPORATION FOR NATIONAL
AND COMMUNITY SERVICE.
``The Secretary shall consult with the Chief Executive
Officer of the Corporation for National and Community Service
regarding the dissemination of information about the
Corporation's programs, to programs that receive funds under
this subchapter.''.
SEC. 124. REAUTHORIZATION OF CHILD DEVELOPMENT ASSOCIATE
SCHOLARSHIP ASSISTANCE ACT OF 1985.
Section 606 of the Child Development Associate Scholarship
Assistance Act of 1985 (42 U.S.C. 10905) is amended by
striking ``$1,500,000'' and all that follows and inserting
``to carry out this title such sums as may be necessary for
fiscal year 1995.''.
SEC. 125. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Head Start Transition Project Act.--Section 133(a) of
the Head Start Transition Project Act is amended by striking
``639(c)'' and inserting ``639(b)''.
[[Page 845]]
(b) Social Security Act.--Section 1924(d)(3)(A)(i) of the
Social Security Act (42 U.S.C. 1396r-5(d)(3)(A)(i)) is
amended by striking ``sections 652 and 673(2)'' and inserting
``section 673(2)''.
SEC. 126. STUDY OF FULL-DAY AND FULL-YEAR HEAD START
PROGRAMS.
(a) Study.--The Secretary of Health and Human Services
shall conduct a study of the extent to which Head Start
programs are addressing the need for Head Start services
during a full working day or full calendar year among
eligible low-income families with preschool children.
(b) Report.--The Secretary shall prepare and submit a
report to the Committee on Education and Labor of the House
of Representatives and the Committee on Labor and Human
Resources of the Senate not later than January 31, 1997,
containing the results of the study, including--
(1) the number of eligible children in need of full-day or
full-year Head Start programs;
(2) the number of full-day, full-year Head Start programs
and the number of children served in such program and those
provided full-day or full-year services through cooperative
arrangements with other funding sources;
(3) a description of promising models currently employed by
Head Start programs for meeting such needs both directly and
through arrangements with other service providers;
(4) a description of the barriers to meeting the need for
full-day, full-year care among such families; and
(5) recommendations on how the barriers could be eliminated
in order to meet the needs of children and families served.
SEC. 127. EFFECTIVE DATE AND APPLICATION.
(a) Effective Date.--This title, and the amendments made by
this title, shall take effect on the date of enactment of
this title.
(b) Application.--The requirements of this title and the
amendments made by this title shall not apply to Head Start
agencies and other recipients of financial assistance under
the Head Start Act until October 1, 1994.
TITLE II--COMMUNITY SERVICES BLOCK GRANT AMENDMENTS
SEC. 201. SHORT TITLE AND REFERENCES.
(a) Short Title.--This title may be cited as the
``Community Services Block Grant Amendments of 1994''.
(b) References.--Except as otherwise expressly provided,
whenever in this title an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a
section or other provision of the Community Services Block
Grant Act (42 U.S.C. 9901 et seq.).
SEC. 202. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Authorization of Appropriation.--Subsection (b) of
section 672 (42 U.S.C. 9901(b)) is amended to read as
follows:
``(b) There are authorized to be appropriated $525,000,000
for fiscal year 1995, and such sums as may be necessary for
each of fiscal years 1996 through 1998, to carry out the
provisions of this subtitle.''.
(b) State Allocations.--Section 674 (42 U.S.C. 9903) is
amended--
(1) by redesignating subsections (a), (b) and (c) as
subsections (b), (c) and (d), respectively; and
(2) by inserting before subsection (b) (as so
redesignated), the following new subsection:
``(a)(1) Of the amounts appropriated for a fiscal year
pursuant to section 672(b), the Secretary may reserve not
less than one-half of 1 percent and not more than 1 percent
for training, technical assistance, planning, evaluation, and
data collection activities related to programs or projects
carried out under this subtitle. Such activities may be
carried out by the Secretary through grants, contracts, or
cooperative agreements with eligible entities or with
organizations or associations whose membership is composed of
eligible entities or agencies that administer programs for
eligible entities.
``(2) The process for determining the technical assistance
and training activities to be carried out under this section
shall--
``(A) ensure the needs of community action agencies and
programs relating to improving program quality, including
financial management practices, are addressed to the maximum
extent feasible; and
``(B) incorporate mechanisms to ensure responsiveness to
local needs, including an ongoing procedure for obtaining
input from the community action State and national network.
(c) Applications and Requirements.--
(1) Form and assurances.--Section 675(a) (42 U.S.C.
9904(a)) is amended by inserting ``or significant amendments
thereof'' before ``shall contain assurances''.
(2) Use of funds.--Section 675(c)(1) (42 U.S.C. 9904(c)(1))
is amended by striking ``use the funds available under this
subtitle'' and inserting ``ensure that, at its discretion and
consistent with agreements with the State, each recipient of
funds available under this subtitle will use such funds''.
(3) Assured activities.--Section 675(c)(1)(B) (42 U.S.C.
9904(c)(1)(B)) is amended by inserting ``homeless individuals
and families, migrants, and'' before ``the elderly poor''.
(4) State responsibilities.--Section 675(c)(2)(B) (42
U.S.C. 9904(c)(2)(B)) is amended to read as follows:
``(B) if less than 100 percent of the allotment is expended
under subparagraph (A), provide assurances that with respect
to the remainder of the allotment a reasonable amount shall
be used for--
``(i) providing training and technical assistance to those
entities in need of such assistance and such activities will
not be considered administrative expenses;
``(ii) coordinating State-operated programs and services
targeted to low-income children and families with services
provided by eligible entities funded under this subtitle,
including outposting appropriate State or local public
employees into entities funded under this subtitle to ensure
increased access to services provided by such State or local
agencies;
``(iii) supporting statewide coordination and communication
among eligible entities;
``(iv) administrative expenses at the State level,
including monitoring activities, but not more than $55,000 or
5 percent of its allotment under section 674; and
``(v) considering the distribution of funds under this
subtitle within the State to determine if such funds have
been targeted to the areas of greatest need.''.
(5) Tripartite board.--Section 675(c)(3) (42 U.S.C.
9904(c)(3)) is amended--
(A) by inserting ``selected by the community action agency
or nonprofit private organization and'' after ``board will
be'';
(B) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively;
(C) by striking the comma after ``provide assurances that''
and inserting ``(A)''; and
(D) by inserting before the semicolon at the end thereof
``, and (B) in the case of a public organization receiving
funds under this subtitle, such organization either
establish--
``(i) a board of which at least one-third of the members
are persons chosen in accordance with democratic selection
procedures adequate to assure that they are representative of
the poor in the area served; or
``(ii) another mechanism specified by the State to assure
low-income citizen participation in the planning,
administration, and evaluation of projects for which such
organization has been funded;''.
(6) Regulations.--The next to last sentence of section
675(c) (42 U.S.C. 9904(c)) is amended to read as follows:
``The Secretary may prescribe procedures only for the purpose
of assessing the effectiveness of eligible entities in
carrying out the purposes of this subtitle.''.
(d) Community Action Plan.--Section 675(c) (42 U.S.C.
9904(c)) is amended--
(1) in paragraph (11)--
(A) by redesignating clauses (i) through (iii) of
subparagraph (A) as items (aa) through (cc), respectively;
(B) by realigning the margin of the sentence beginning with
``For purposes of'' so as to align with subparagraph (A) of
paragraph (1);
(C) by striking ``For purposes of'' and inserting ``(A) For
purposes of'';
(D) by striking ``(A) a statewide'' and inserting ``(i) a
statewide'';
(E) by striking ``(B) the failure'' and inserting ``(ii)
the failure'';
(F) by inserting immediately before paragraph (12) the
following:
``(B) for purposes of making a determination with respect
to a termination, the term `cause' includes the material
failure of an eligible entity to comply with the terms of its
agreement and community action plan to provide services under
this subtitle;''.
(2) in paragraph (12) by striking the period and inserting
a semicolon; and
(3) by inserting after paragraph (12) the following new
paragraphs:
``(13) secure from each eligible entity as a condition to
its receipt of funding under this Act a community action plan
(which shall be available to the Secretary for inspection)
that includes--
``(A) a community needs assessment (including food needs);
``(B) a description of the service delivery system targeted
to low-income individuals and families in the service area;
``(C) a description of how linkages will be developed to
fill identified gaps in services through information,
referral, case management, and followup consultations;
``(D) a description of how funding under this Act will be
coordinated with other public and private resources; and
``(E) a description of outcome measures to be used to
monitor success in promoting self-sufficiency, family
stability, and community revitalization; and
``(14) provide assurances that cost and accounting
standards of the Office of Management and Budget shall apply
to a recipient of funds under this subtitle.''.
(e) Public Inspections of Plans.--Section 675(d)(2) (42
U.S.C. 9904(d)(2)) is amended by inserting ``or revision''
after ``Each plan''.
(f) Audits.--The last sentence of section 675(f) (42 U.S.C.
9904(f)) is amended by inserting before ``to the
legislature'' the following: ``to the eligible entity at no
charge,''.
(g) Evaluation Involving Waivers.--Section 675(h) (42
U.S.C. 9904(h)) is amended by inserting ``(including any
State that received a waiver under Public Law 98-139)'' after
``States'' the last place it appears.
SEC. 203. DISCRETIONARY AUTHORITY OF SECRETARY.
(a) Training and Activities.--Section 681(a) (42 U.S.C.
9910(a)) is amended by striking ``to provide for--'' and all
that follows through the end thereof and inserting the
following: ``to provide for ongoing activities of national or
regional significance related to the purposes of this
subtitle, with special emphasis on--
``(1) a Community Initiative Program, awarded on a
competitive basis, to fund pri-
[[Page 846]]
vate, nonprofit community development corporations for
purposes of planning and carrying out community and economic
development activities in economically distressed areas and
in rural areas, as described in subsection (c);
``(2) grants to support the design, development, and
widespread availability of interactive information technology
among the nationwide network of Community Service Block Grant
eligible entities, State administrators, national
associations and organizations, and program recipients to
promote electronic communication and access to program
information that would enhance the effective delivery of
social services; and
``(3) grants to nonprofit private organizations that
provide assistance for migrants and seasonal farmworkers.''.
(b) Community Initiative Program.--Subsection (b) of
section 681 (42 U.S.C. 9910) is amended to read as follows:
``(b) Community Initiative Program.--
``(1) In general.--
``(A) Economic development activities.--Economic
development activities under this section shall be designed
to address the economic needs of low-income individuals and
families by creating employment and business development
opportunities.
``(B) Consultation.--The Secretary shall exercise the
authority provided under subparagraph (A) in consultation
with other relevant Federal officials.
``(C) Governing boards.--Each community development
corporation receiving funds under this section shall be
governed by a board that shall consist of residents of the
community and business and civic leaders and shall have as a
principal purpose planning, developing, or managing low-
income housing or community development projects.
``(D) Geographic distribution.--In providing assistance or
entering into other arrangements under this section, the
Secretary shall take into consideration the geographic
distribution of funds among States and the relative
proportion of funding among rural and urban areas.
``(E) Reservation.--Of the amounts made available to carry
out this section, the Secretary may reserve not to exceed 1
percent for each fiscal year to make grants to private
nonprofit organizations or to enter into contracts with
private nonprofit or for profit organizations to provide
technical assistance to aid community development
corporations in developing or implementing projects funded
under this section and to evaluate projects funded under this
section.
``(2) Rural community development activities.--Rural
community development activities under this section shall
include--
``(A) grants to private, nonprofit corporations that
provide assistance to rural low-income families in home
repair and in planning and developing low-income rural rental
housing units; and
``(B) grants to multistate, regional private, nonprofit
organizations that provide training and technical assistance
to small, rural communities in meeting their community
facility needs.''.
SEC. 204. COMMUNITY FOOD AND NUTRITION.
Subsection (d) of section 681A (42 U.S.C. 9910a(d)) is
amended to read as follows:
``(d) There are authorized to be appropriated $25,000,000
for fiscal year 1995, and such sums as may be necessary for
each of fiscal years 1996 through 1998, to carry out this
section.''.
SEC. 205. INSTRUCTIONAL ACTIVITIES FOR LOW-INCOME YOUTH.
The Act (42 U.S.C. 9901 et seq.) is amended--
(1) by redesignating sections 682 and 683 as sections 683
and 684, respectively; and
(2) by inserting after section 681 the following:
``SEC. 682. NATIONAL OR REGIONAL PROGRAMS DESIGNED TO PROVIDE
INSTRUCTIONAL ACTIVITIES FOR LOW-INCOME YOUTH.
``(a) General Authority.--The Secretary of Health and Human
Services is authorized to make a grant to an eligible service
provider to administer national or regional programs to
provide instructional activities for low-income youth. In
making such a grant, the Secretary shall give a priority to
eligible service providers that have a demonstrated ability
to operate such a program.
``(b) Program Requirements.--
``(1) Any instructional activity carried out by an eligible
service provider receiving a grant under this subsection
shall be carried out on the campus of an institution of
higher education (as defined in section 1201(a) of the Higher
Education Act) and shall include--
``(A) access to the facilities and resources of such an
institution;
``(B) an initial medical examination and follow-up referral
or treatment, without charge, for youth during their
participation in such activity;
``(C) at least one nutritious meal daily, without charge,
for participating youth during each day of participation;
``(D) high quality instruction in a variety of sports (that
shall include swimming and that may include dance and any
other high quality recreational activity) provided by coaches
and teachers from institutions of higher education and from
elementary and secondary schools (as defined in sections
1471(8) and 1471(21) of the Elementary and Secondary
Education Act of 1965); and
``(E) enrichment instruction and information on matters
relating to the well-being of youth, to include educational
opportunities and study practices, education for the
prevention of drugs and alcohol abuse, health and nutrition,
career opportunities and family and job responsibilities.
``(c) Eligible Providers.--A national private nonprofit
organization, a coalition of such organizations, or a private
nonprofit organization applying jointly with a business
concern shall be eligible for a grant under this subsection
if--
``(1) the applicant has demonstrated experience in
operating a program providing instruction to low-income
youth;
``(2) the applicant shall contribute amounts in cash or
fairly evaluated in kind of no less than 25 percent of the
amount requested;
``(3) the applicant shall use no funds from a grant
authorized under this section for administrative expenses;
and
``(4) the applicant agrees to comply with the regulations
or program guidelines promulgated by the Secretary of Health
and Human Services for use of funds made available by this
grant.
``(d) Applications Process.--Eligible service providers may
submit to the Secretary of Health and Human Services, for
approval, an application in such form at such time as the
Secretary deems appropriate.
``(e) Promulgation of Regulations or Program Guidelines.--
The Secretary of Health and Human Services shall promulgate
regulations or program guidelines to ensure funds made
available under a grant made under this section are used in
accordance with the intentions of this Act.
``(f) Authorization of Appropriations.--There is authorized
to be appropriated $15,000,000 for each fiscal year 1995,
1996, 1997, and 1998 for grants to carry out this section.''.
SEC. 206. AMENDMENT TO STEWART B. MCKINNEY HOMELESS
ASSISTANCE ACT.
The last section of subtitle D of title VII of the Stewart
B. McKinney Homeless Assistance Act (42 U.S.C. 11646) is
amended--
(1) by striking ``sec. 751.'' and by inserting ``sec.
754.'', and
(2) by striking ``1991'' and all that follows through
``1993'', and inserting ``1995, 1996, 1997, and 1998''.
SEC. 207. AMENDMENTS TO THE HUMAN SERVICES REAUTHORIZATION
ACT OF 1986.
Section 408 of the Human Services Reauthorization Act of
1986 (42 U.S.C. 9901b) is amended--
(1) in subsection (a) by adding at the end the following:
``(3) Initial and subsequent grant awards may fully fund
projects for periods of up to 3 years.'';
(2) in subsection (b)(1)(B) by striking ``After the first
fiscal year'' and inserting ``After the first funding
period'';
(3) by amending subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) In addition to the grant programs described in
subsection (a), the Secretary may make grants to community
action agencies for the purpose of enabling such agencies to
demonstrate new approaches to dealing with the problems
caused by entrenched, chronic unemployment and lack of
economic opportunities for urban youth. Demonstrations shall
include such activities as peer counseling, mentoring,
development of job skills, assistance with social skills,
community services, family literacy, parenting skills,
opportunities for employment or entrepreneurship, and other
services designed to assist such at-risk youth to continue
their education, to secure meaningful employment, to perform
community service, or to pursue other productive alternatives
within the community.''; and
(B) by amending paragraph (4) to read as follows:
``(4) Such grants made under this subsection on a
competitive basis shall be based on an annual competition
determined by the Secretary. Grants made under this
subsection shall not exceed $500,000.''; and
(4) by amending subsection (h) to read as follows:
``(h) Authorization of Appropriations.--(1) There are
authorized to be appropriated $30,000,000 for fiscal year
1995, and such sums as may be necessary for fiscal years
1996, 1997, and 1998, to carry out this section.
``(2) Of the amounts appropriated for this section, not
less than 30 percent and not more than 40 percent shall be
used to carry out the programs authorized under subsection
(c).
``(3) In addition to sums which are required to carry out
the evaluation, reporting, and dissemination of results under
subsections (a), (c), (d), and (f), the Secretary is
authorized to reserve up to 2 percent of the amounts
appropriated pursuant to subparagraphs (1) and (2) for
administration of the program as well as for planning and
technical assistance.''.
SEC. 208. EFFECTIVE DATE.
This title, and the amendments made by this title, shall
take effect on October 1, 1994.
TITLE III--LOW-INCOME HOME ENERGY ASSISTANCE AMENDMENTS
SECTION 301. SHORT TITLE AND REFERENCES.
(a) Short Title.--This title may be cited as the ``Low-
Income Home Energy Assistance Amendments of 1994''.
(b) References.--Except as otherwise expressly provided,
whenever in this title an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a
section or other provision of the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8621 et seq.).
SEC. 302. STATEMENT OF PURPOSE.
Subsection (a) of section 2602 (42 U.S.C. 8621(a)) is
amended to read as follows:
[[Page 847]]
``(a) The Secretary is authorized to make grants, in
accordance with the provisions of this title, to States to
assist low-income households, particularly those with the
lowest incomes, that pay a high proportion of household
income for home energy, primarily in meeting their immediate
home energy needs.''.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
(a) Amounts Authorized.--Section 2602 (42 U.S.C. 8621) is
amended--
(1) in subsection (b), by striking ``this title'' and all
that follows through the end of the first sentence and
inserting ``this title, $2,000,000,000 for each of fiscal
years 1995 through 1999.''; and
(2) in the last sentence of subsection (c)--
(A) by striking ``July 1'' and inserting ``October 1''; and
(B) by striking ``for which'' and inserting ``following the
year in which''.
(b) Incentive Program for Leveraging Non-Federal Sources.--
Subsection (d) of section 2602 (42 U.S.C. 8621(d)) is amended
to read as follows:
``(d) There are authorized to be appropriated to carry out
section 2607A, $50,000,000 for each of the fiscal years 1996
and 1997, and such sums as may be necessary for each of the
fiscal years 1998 and 1999.''.
SEC. 304. EMERGENCY FUNDS.
(a) Authorization of Appropriations.--Section 2602 (42
U.S.C. 8621) as amended by section 303, is further amended by
adding at the end thereof the following new subsection:
``(e) There are authorized to be appropriated in each
fiscal year for payments under this title, in addition to
amounts appropriated for distribution to all the States in
accordance with section 2604 (other than subsection (g)),
$600,000,000 to meet the additional home energy assistance
needs of one or more States arising from a natural disaster
or other emergency. Funds appropriated pursuant to this
subsection are hereby designated to be emergency requirements
pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985, except that such funds
shall be made available only after the submission to Congress
of a formal budget request by the President (for all or a
part of the appropriation pursuant to this subsection) that
includes a designation of the amount requested as an
emergency requirement as defined in such Act.''.
(b) Home Energy.--Section 2603 (42 U.S.C. 8622(3)) is
amended--
(1) by redesignating paragraphs (1), (2), (3), (4), (5),
(6), and (7) as paragraphs (2), (4), (5), (6), (7), (8), and
(9), respectively;
(2) by inserting before paragraph (2) (as so redesignated),
the following new paragraph:
``(1) The term `energy burden' means the expenditures of
the household for home energy divided by the income of the
household.''; and
(3) by inserting before paragraph (4) (as so redesignated),
the following new paragraph:
``(3) The term `highest home energy needs' means the home
energy requirements of a household determined by taking into
account both the energy burden of such household and the
unique situation of such household that results from having
members of vulnerable populations, including very young
children, individuals with disabilities, and frail older
individuals.''.
(c) Allotment of Emergency Funds.--Section 2604 (42 U.S.C.
8623) is amended by adding at the end thereof the following
new subsection:
``(g) Notwithstanding subsections (a) through (f), the
Secretary may allot amounts appropriated pursuant to section
2602(e) to one or more than one State. In determining to
which State or States additional funds may be allotted, the
Secretary shall take into account the extent to which a State
was affected by the emergency or disaster, the availability
to an affected State of other resources under this or any
other program, and such other factors as the Secretary
determines relevant. The Secretary shall notify Congress of
the allotment pursuant to this subsection prior to releasing
the allotted funds.''.
SEC. 305. AUTHORIZED USES OF FUNDS.
(a) In General.--Paragraph (1) of section 2605(b) (42
U.S.C. 8624(b)(1)) is amended to read as follows:
``(1) use the funds available under this title to--
``(A) conduct outreach activities and provide assistance to
low income households in meeting their home energy costs,
particularly those with the lowest incomes that pay a high
proportion of household income for home energy, consistent
with paragraph (5);
``(B) intervene in energy crisis situations;
``(C) provide low-cost residential weatherization and other
cost-effective energy-related home repair; and
``(D) plan, develop, and administer the State's program
under this title including leveraging programs,
and the State agrees not to use such funds for any purposes
other than those specified in this title;''.
(b) Encouraged Reduced Home Energy Needs.--Section 2605(b)
(42 U.S.C. 8624(b)) is amended--
(1) in paragraph (9)(B), by inserting before the semicolon
the following: ``(except for the costs of the activities
described in paragraph (16))'';
(2) in paragraph (15), by striking the period and inserting
``; and''; and
(3) by inserting after paragraph (15) the following new
paragraph:
``(16) use up to 5 percent of such funds, at its option, to
provide services that encourage and enable households to
reduce their home energy needs and thereby the need for
energy assistance, including needs assessments, counseling,
and assistance with energy vendors, and report to the
Secretary concerning the impact of such activities on the
number of households served, the level of direct benefits
provided to those households, and the number of households
that remain unserved.''.
SEC. 306. TARGETING OF ASSISTANCE TO HOUSEHOLDS WITH HIGH
HOME ENERGY BURDENS.
(a) Household Income.--Section 2605(b)(2)(B) (42 U.S.C.
8624(b)(2)(B)) is amended by striking the matter following
clause (ii) and inserting the following:
``except that a State may not exclude a household from
eligibility in a fiscal year solely on the basis of household
income if such income is less than 110 percent of the poverty
level for such State, but the State may give priority to
those households with the highest home energy costs or needs
in relation to household income;''.
(b) Outreach Activities.--Section 2605(b)(3) (42 U.S.C.
8624(b)(3)) is amended by striking ``are made aware'' and
inserting ``and households with high home energy burdens, are
made aware''.
(c) Assistance Levels.--Section 2605(b)(5) (42 U.S.C.
8624(b)(5)) is amended by inserting ``or needs'' after
``highest energy costs''.
(d) State Plan.--Section 2605(c)(1) (42 U.S.C. 8624(c)(1))
is amended--
(1) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (H), respectively; and
(2) by inserting after subparagraph (D) the following new
subparagraph:
``(E) describes any steps that will be taken (in addition
to those necessary to carry out the assurance contained in
paragraph (5) of subsection (b)) to target assistance to
households with high home energy burdens;''.
SEC. 307. CLARIFICATION OF AUDIT REQUIREMENT.
Section 2605 (42 U.S.C. 8624) is amended--
(1) in subsection (b)(10), by striking ``and provide that''
and all that follows and inserting ``and provide that the
State will comply with the provisions of chapter 75 of title
31, United States Code (commonly known as the `Single Audit
Act');''; and
(2) in subsection (e), by striking ``at least every two
years'' and all that follows and inserting ``in accordance
with chapter 75 of title 31, United States Code.''.
SEC. 308. USE OF DEPARTMENT OF ENERGY WEATHERIZATION RULES TO
ACHIEVE PROGRAM CONSISTENCY.
Section 2605(c)(1)(D) (42 U.S.C. 8624(c)(1)(D)) is amended
by inserting before the semicolon at the end thereof the
following: ``, including any steps the State will take to
address the weatherization and energy-related home repair
needs of households that have high home energy burdens, and
describes any rules promulgated by the Department of Energy
for administration of its Low Income Weatherization
Assistance Program which the State, to the extent permitted
by the Secretary to increase consistency between federally
assisted programs, will follow regarding the use of funds
provided under this title by the State for such
weatherization and energy-related home repairs and
improvements''.
SEC. 309. MATTERS TO BE DESCRIBED IN ANNUAL APPLICATION.
Section 2605(c)(1) (42 U.S.C. 8624(c)(1)) is amended--
(1) in subparagraph (F) (as so redesignated by section
306(d) of this Act)--
(A) by striking ``and (13)'' and inserting ``(13), and
(15)''; and
(B) by striking ``and'' at the end thereof; and
(2) by inserting after subparagraph (F) (as so redesignated
by section 306(d) of this Act), the following new
subparagraph:
``(G) states, with respect to the 12-month period specified
by the Secretary, the number and income levels of households
which apply and the number which are assisted with funds
provided under this title, and the number of households so
assisted with--
``(i) one or more members who has attained 60 years of age;
``(ii) one or more members who were disabled; and
``(iii) one or more young children; and''.
SEC. 310. REPORT OF FUNDS AVAILABLE FOR OBLIGATION.
Section 2607(a) (42 U.S.C. 8628(a)) is amended--
(1) by inserting ``(1)'' after the subsection designation;
and
(2) by adding at the end thereof the following new
paragraph:
``(2) Each State shall notify the Secretary, not later than
2 months prior to the close of a fiscal year, of the amount
(if any) of its allotment for such year that will not be
obligated in such year, and, if such State elects to submit a
request described in subsection (b)(2), such State shall
submit such request at the same time. The Secretary shall
make no payment under paragraph (1) to a State for a fiscal
year unless the State has complied with this paragraph with
respect to the prior fiscal year.''.
SEC. 311. MISCELLANEOUS AND TECHNICAL AMENDMENTS.
(a) In General.--
(1) Treatment of households.--Section 2605(b)(7)(D) (42
U.S.C. 8624(b)(7)(D)) is amended to read as follows:
``(D) ensure that the provision of vendored payments
remains at the option of the State in consultation with local
grantees and may be contingent on unregulated vendors taking
appropriate measures to alleviate the energy
[[Page 848]]
burdens of eligible households, including providing for
agreements between suppliers and individuals eligible for
benefits under this Act that seek to reduce home energy
costs, minimize the risks of home energy crisis, and
encourage regular payments by individuals receiving financial
assistance for home energy costs;''.
(2) Incentive program.--Section 2607A(e) (42 U.S.C.
8626a(e)) is amended by striking ``July 31, of each year''
and inserting ``2 months after the close of the fiscal year
during which the State provided leveraged resources to
eligible households, as described in subsection (b)''.
(3) Training and technical assistance.--Section 2609A(a) is
amended by striking ``$500,000'' and inserting ``$250,000''.
(b) Criteria and Report.--Section 2605(b) (42 U.S.C.
8624(b)) is amended by adding at the end the following:
``Not later than 18 months after the date of the enactment
of the Low-Income Home Energy Assistance Amendments of 1994,
the Secretary shall develop model performance goals and
measurements in consultation with State, territorial, tribal,
and local grantees, that the States may use to assess the
success of the States in achieving the purposes of this
title. The model performance goals and measurements shall be
made available to States to be incorporated, at the option of
the States, into the plans for fiscal year 1997. The
Secretary may request data relevant to the development of
model performance goals and measurements.''.
(c) Technical Amendments.--
(1) Section 2602 (42 U.S.C. 8621) is amended--
(A) in subsection (b), as amended by section 303 of this
Act--
(i) by inserting ``(other than section 2607A)'' after ``to
carry out the provisions of this title''; and
(ii) by striking the second period at the end thereof; and
(B) in subsection (c)(1), by striking ``Act'' and inserting
``title''.
(2) Section 2603(2) (42 U.S.C. 8622(2)) is amended--
(A) by striking ``the'' in paragraph (2) and inserting
``The''; and
(B) by striking the semicolon at the end thereof and
inserting a period.
(3) Section 2604(b)(1) (42 U.S.C. 8623(b)(1)) is amended by
inserting ``of the United States'' after ``Virgin Islands''.
(4) The sentence that immediately precedes paragraph (15)
of section 2605(b) (42 U.S.C. 8624(b)) is transferred so as
to appear as a flush sentence immediately after paragraph
(16).
(5) Section 2605(b)(3) (42 U.S.C. 8624(b)(3)) is amended by
striking ``handicapped'' and inserting ``disabled''.
(6) Section 2607A(c)(2) (42 U.S.C. 8626a(c)(2)) is amended
by striking ``.0008 percent'' and inserting ``0.08 percent''.
(7) Section 2610(a) (42 U.S.C. 8629(a)) is amended--
(A) in paragraph (2), by striking the semicolon after
``used'' and inserting a semicolon after ``title''; and
(B) in paragraph (5)--
(i) by striking ``handicapped'' and inserting ``disabled'';
and
(ii) by inserting before the semicolon at the end thereof
``or include young children''.
SEC. 312. RESIDENTIAL ENERGY ASSISTANCE CHALLENGE OPTION
(R.E.A.CH.).
The Act is amended by inserting after section 2607A the
following:
``SEC. 2607B. RESIDENTIAL ENERGY ASSISTANCE CHALLENGE OPTION
(R.E.A.CH.).
``(a) Purpose.--The purpose of the Residential Energy
Assistance Challenge (in this section referred to as
`R.E.A.Ch.') program is to--
``(1) minimize health and safety risks that result from
high energy burdens on low-income Americans;
``(2) prevent homelessness as a result of inability to pay
energy bills;
``(3) increase the efficiency of energy usage by low-income
families; and
``(4) target energy assistance to individuals who are most
in need.
``(b) Funding.--
``(1) Allocation.--For each of the fiscal years 1996
through 1999, the Secretary may allocate not more than 25
percent of the amount made available pursuant to section
2602(d) for such fiscal year to a R.E.A.Ch. fund for the
purpose of making incentive grants to States that submit
qualifying plans that are approved by the Secretary as
R.E.A.Ch. initiatives. States may use such grants for the
costs of planning, implementing, and evaluating the
initiative.
``(2) Reservation.--The Secretary shall reserve from any
funds allocated under this subsection, funds to make
additional payments to State R.E.A.Ch. programs that--
``(A) have energy efficiency education services plans that
meet quality standards established by the Secretary in
consultation with the Secretary of Energy; and
``(B) have the potential for being replicable model designs
for other programs.
States shall use such supplemental funds for the
implementation and evaluation of the energy efficiency
education services.
``(c) Criteria.--
``(1) In general.--Not later than May 31, 1995, the
Secretary shall establish criteria for approving State plans
required by subsection (a), for energy efficiency education
quality standards described in subsection (b)(2)(A), and for
the distribution of funds to States with approved plans.
``(2) Documentation.--Notwithstanding the limitations of
section 2605(b) regarding the authority of the Secretary with
respect to plans, the Secretary may require a State to
provide appropriate documentation that its R.E.A.Ch.
activities conform to the State plan as approved by the
Secretary.
``(d) Focus.--The State may designate all or part of the
State, or all or part of the client population, as a focus of
its R.E.A.Ch. initiative.
``(e) State Plans.--
``(1) In general.--Each State plan shall include each of
the elements described in paragraph (2), to be met by State
and local agencies.
``(2) Elements of state plans.--Each State plan shall
include--
``(A) an assurance that such State will deliver services
through community-based nonprofit entities in such State,
by--
``(i) awarding grants to, or entering into contracts with,
such entities for the purpose of providing such services and
payments directly to individuals eligible for benefits; or
``(ii) if a State makes payments directly to eligible
individuals or energy suppliers, making contracts with such
entities to administer such programs, including--
``(I) determining eligibility;
``(II) providing outreach services; and
``(III) providing benefits other than payments;
``(B) an assurance that, in awarding grants or entering
into contracts to carry out its R.E.A.Ch. initiative, the
State will give priority to organizations that--
``(i) are described in section 673 of the Community
Services Block Grant Act (42 U.S.C. 9902(1)), except where
significant geographic portions of the State are not served
by such entities;
``(ii) the Secretary has determined have a record of
successfully providing services under the Low-Income Home
Energy Assistance Program; and
``(iii) receive weatherization assistance program funds
under part A of title IV of the Energy Conservation and
Production Act (42 U.S.C. 6863 et seq.);
except that a State may not require any such entity to
operate a R.E.A.Ch. program;
``(C) an assurance that, subject to subparagraph (D), each
entity that receives a grant or enters into a contract under
subparagraph (A)(i) will provide a variety of services and
benefits, including--
``(i) payments to, or on behalf of, individuals eligible
for residential energy assistance services and benefits under
section 2605(b) for home energy costs;
``(ii) energy efficiency education;
``(iii) residential energy demand management services,
including any other energy related residential repair and
energy efficiency improvements in coordination with, or
delivered by, Department of Energy weatherization assistance
programs at the discretion of the State;
``(iv) family services, such as counseling and needs
assessment, related to energy budget management, payment
plans, and related services; and
``(v) negotiation with home energy suppliers on behalf of
households eligible for R.E.A.Ch. services and benefits;
``(D) a description of the methodology the State and local
agencies will use to determine--
``(i) which households will receive one or more forms of
benefits under the State R.E.A.Ch. initiative;
``(ii) the cases in which nonmonetary benefits are likely
to provide more cost-effective long-term outcomes than
payment benefits alone; and
``(iii) the amount of such benefit required to meet the
goals of the program;
``(F) a method for targeting nonmonetary benefits;
``(G) a description of the crisis and emergency assistance
activities the State will undertake that are designed to--
``(i) discourage family energy crises;
``(ii) encourage responsible vendor and consumer behavior;
and
``(iii) provide only financial incentives that encourage
household payment;
``(H) a description of the activities the State will
undertake to--
``(i) provide incentives for recipients of assistance to
pay home energy costs; and
``(ii) provide incentives for vendors to help reduce the
energy burdens of recipients of assistance;
``(I) an assurance that the State will require each entity
that receives a grant or enters into a contract under this
section to solicit and be responsive to the views of
individuals who are financially eligible for benefits and
services under this section in establishing its local
program;
``(J) a description of performance goals for the state
R.E.A.Ch. initiative including--
``(i) a reduction in the energy costs on participating
households over one or more fiscal years;
``(ii) an increase in the regularity of home energy bill
payments by eligible households; and
``(iii) an increase in energy vendor contributions towards
reducing energy burdens of eligible households;
``(K) a description of the indicators that will be used by
the State to measure whether the performance goals have been
achieved;
``(L) a demonstration that the plan is consistent with
section 2603, paragraphs (2), (3), (4), (5), (7), (9), (10),
(11), (12), (13), and (14) of section 2605(b), subsections
(d), (e), (f), (g), (h), (i), and (j) of section 2605, and
section 2606 of this title;
``(M) an assurance that benefits and services will be
provided in addition to other
[[Page 849]]
benefit payments and services provided under this title and
in coordination with such benefit payments and services; and
``(N) an assurance that no regulated utility covered by the
plan will be required to act in a manner that is inconsistent
with applicable regulatory requirements.
``(g) Cost or Function.--None of the costs of providing
services or benefits under this section shall be considered
to be an administrative cost or function for purposes of any
limitation on administrative costs or functions contained in
this title.''.
SEC. 313. SENSE OF THE CONGRESS REGARDING APPROPRIATIONS FOR
LIHEAP.
(a) Findings.--Congress finds the following:
(1) Seventy-seven percent of the over 25 million households
that were eligible for the Low-Income Home Energy Assistance
Program (hereinafter referred to as ``LIHEAP'') in fiscal
year 1992 did not receive assistance due to a lack of funds.
(2) Recent economic distress has caused significant
unemployment, which has resulted in a greater need for energy
assistance than ever before.
(3) More than 66 percent of LIHEAP household recipients
have an annual income that is below the poverty level.
(4) Forty-three percent of all LIHEAP eligible households
include children.
(5) LIHEAP eligible households with children spend
approximately 16 percent of their annual incomes on home
energy costs, which is more than 4 times greater than that
paid by the average household in the United States, and far
beyond their means.
(6) Approximately 40 percent of LIHEAP household recipients
are comprised of elderly or disabled persons.
(7) Congress appropriated $1,475,000,000 for LIHEAP for
fiscal year 1995.
(8) The Department of Energy predicts that the costs of
residential fuels will increase at a pace greater than
inflation.
(b) Sense of the Congress.--It is the sense of the Congress
that--
(1) the maintenance of LIHEAP should be a high priority in
order to enable low-income households, especially the working
poor, the disabled, and the low-income elderly, who all
depend on LIHEAP, to meet their energy costs and needs;
(2) all appropriations made for LIHEAP for fiscal year 1995
should be expended; and
(3) expenditures for LIHEAP for fiscal year 1996 should
ensure the provision of services at the level provided in
fiscal year 1995.
SEC. 314. EFFECTIVE DATE.
The amendments and repeals made by this title shall become
effective on October 1, 1994.
TITLE IV--COMMUNITY-BASED FAMILY RESOURCE PROGRAMS
SEC. 401. COMMUNITY-BASED FAMILY RESOURCE PROGRAMS.
(a) In General.--Title II of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5116 et seq.) is amended to read as
follows:
``TITLE II--COMMUNITY-BASED FAMILY RESOURCE PROGRAMS
``SEC. 201. COMMUNITY-BASED FAMILY RESOURCE PROGRAMS.
``(a) Purpose.--The purpose of this title is to assist each
State to develop and implement, or expand and enhance, a
comprehensive, statewide system of family resource services
through innovative funding mechanisms and collaboration with
existing education, vocational rehabilitation, health, mental
health, employment and training, child welfare, and other
social services agencies within the State.
``(b) Authority.--The Secretary shall make grants to States
on a formula basis for the purpose of--
``(1) establishing and expanding statewide networks of
community-based family resource programs, including funds for
the initial costs of providing specific family resource
services, that ensure family involvement in the design and
operation of family resource programs which are responsive to
the unique and diverse strengths of children and families;
``(2) promoting child abuse and neglect prevention
activities;
``(3) promoting the establishment and operation of State
trust funds or other mechanisms for integrating child and
family services funding streams in order to provide flexible
funding for the development of community-based family
resource programs;
``(4) establishing or expanding community-based
collaboration to foster the development of a continuum of
preventive services for children and families, which are
family-centered and culturally competent;
``(5) encouraging public and private partnerships in the
establishment and expansion of family resource programs; and
``(6) increasing and promoting interagency coordination
among State agencies, and encouraging public and private
partnerships in the establishment and expansion of family
resource programs.
``(c) Eligibility for Grants.--A State is eligible for a
grant under this section for any fiscal year if--
``(1) such State has established or maintained in the
previous fiscal year--
``(A) a trust fund, including appropriations for such fund;
or
``(B) any other mechanism that pools State, Federal, and
private funds for integrating child and family service
resources; and
``(2) such trust fund or other funding mechanism includes
(in whole or in part) provisions making funding available
specifically for a broad range of child abuse and neglect
prevention activities and family resource programs.
``(d) Amount of Grant.--
``(1) In general.--Amounts appropriated for a fiscal year
to provide grants under this section shall be allotted to the
designated lead agencies of eligible States in each fiscal
year so that--
``(A) 50 percent of the total amount appropriated for such
fiscal year is allotted among each State based on the number
of children under the age of 18 residing in each State,
except that each State shall receive not less than $100,000;
and
``(B) the remaining 50 percent of the total amount
appropriated for such fiscal year is allotted in an amount
equal to 25 percent of the total amount allocated by each
such State to the State's trust fund or other mechanism for
integrating family resource services in the fiscal year prior
to the fiscal year for which the allotment is being
determined.
``(2) Allocation.--Funds identified by the State for the
purpose of qualifying for incentive funds under paragraph
(1)(B) shall be allocated through the mechanism used to
determine State eligibility under subsection (c) and shall be
controlled by the lead agency described in subsection (f)(1).
``(e) Existing Grants.--A State or entity that has a grant
in effect on the date of enactment of this section under the
Family Resource and Support Program or the Emergency Child
Abuse Prevention Grants Program shall continue to receive
funds under such Programs, subject to the original terms
under which such funds were granted, through the end of the
applicable grant cycle.
``(f) Application.--No grant may be made to any eligible
State under this section unless an application is prepared
and submitted to the Secretary at such time, in such manner,
and containing or accompanied by such information as the
Secretary determines to be essential to carry out the
purposes and provisions of this section, including--
``(1) a description of the agency designated by the Chief
Executive Officer of the State to administer the funds
provided under this section and assume responsibility for
implementation and oversight of the family resource programs
and other child abuse and neglect prevention activities, and
an assurance that the agency so designated--
``(A) is the trust fund advisory board, or an existing
organization created by executive order or State statute that
is not an existing State agency, that has interdisciplinary
governance, including participants from communities, and that
integrates family resource services and leverages State,
Federal, and private funds for family resource programs; or
``(B) with respect to a State without a trust fund
mechanism or other organization that meets the requirements
of subparagraph (A), is an existing State agency, or other
public, quasi-public, or nonprofit private agency responsible
for the development and implementation of a statewide network
of community-based family resource programs;
``(2) assurances that the agency designated under paragraph
(1) can demonstrate the capacity to fulfill the purposes
described in subsection (a), and shall have--
``(A) a demonstrated ability to work with other State and
community-based agencies, to provide training and technical
assistance;
``(B) a commitment to parental participation in the design
and implementation of family resource programs;
``(C) the capacity to promote a statewide system of family
resource programs throughout the State; and
``(D) the capacity to exercise leadership in implementing
effective strategies for capacity building, family and
professional training, and access to, and funding for, family
resource services across agencies;
``(3) an assurance that the State has an interagency
process coordinated by the agency designated in paragraph (1)
for effective program development that--
``(A) does not duplicate existing processes for developing
collaborative efforts to better serve children and families;
``(B) provides a written strategic plan for the
establishment of a network of family resource programs
(publicly available and funded through public and private
sources) that identifies specific measurable goals and
objectives;
``(C) involves appropriate personnel in the process,
including--
``(i) parents (including parents of children with
disabilities) and prospective participants in family resource
programs, including respite care programs;
``(ii) staff of existing programs providing family resource
services, including staff of Head Start programs and
community action agencies that provide such services;
``(iii) representatives of State and local government such
as social service, health, mental health, education,
vocational rehabilitation, employment, economic development
agencies, and organizations providing community services
activities;
``(iv) representatives of the business community;
``(v) representatives of general purpose local governments;
``(vi) representatives of groups with expertise in child
abuse prevention, including respite and crisis care;
``(vii) representatives of local communities in which
family resource programs are likely to be located;
``(viii) representatives of groups with expertise in
providing services to children with disabilities; and
[[Page 850]]
``(ix) other individuals with expertise in the services
that the family resource programs of the State intend to
offer; and
``(D) coordinates activities funded under this title with--
``(i) the State Interagency Coordinating Council,
established under part H of the Individuals with Disabilities
Education Act;
``(ii) the advisory panel established under section
613(a)(12) of the Individuals with Disabilities Education Act
(20 U.S.C. 1413(a)(12));
``(iii) the State Rehabilitation Advisory Council
established under the Rehabilitation Act of 1973;
``(iv) the State Development Disabilities Planning Council,
established under the Developmental Disabilities Assistance
and Bill of Rights Act;
``(v) the Head Start State Collaboration project;
``(vi) the State Advisory group designated in the Juvenile
Justice and Delinquency Prevention Act of 1974; and
``(vii) other local or regional family service councils
within the State, to the extent that such councils exist;
``(4) an inventory and description of the current family
resource programs operating in the State, the current unmet
need for the services provided under such programs, including
the need for building increased capacity to provide specific
family resource services, including respite care, and the
intended scope of the State family resource program, the
population to be served, the manner in which the program will
be operated, and the manner in which such program will relate
to other community services and public agencies;
``(5) evidence that Federal assistance received under this
section--
``(A) has been supplemented with nonFederal public and
private assistance, including a description of the projected
level of financial commitment by the State to develop a
family resource network; and
``(B) will be used to supplement and not supplant other
State and local public funds expended for family resource
programs;
``(6) a description of the core services, as required by
this section, and other support services to be provided by
the program and the manner in which such services will be
provided, including the extent to which either family
resources, centers, home visiting, or community
collaboratives will be used;
``(7) a description of any public information activities
the agency designated in paragraph (1) will undertake for the
purpose of promoting family stability and preventing child
abuse and neglect, including child sexual abuse;
``(8) an assurance that the State will provide funds for
the initial startup costs associated with specific family
resource services, including respite services, and a
description of the services to be funded;
``(9) assurances that the State program will maintain
cultural diversity and be culturally competent;
``(10) a description of the guidelines for requiring
parental involvement in State and local program development,
policy design, and governance and the process for assessing
and demonstrating that parental involvement in program
development, operation, and governance occurs;
``(11) a description of the State and community-based
interagency planning processes to be utilized to develop and
implement family resource programs;
``(12) a description of the criteria that the State will
utilize for awarding grants for local programs so that they
meet the requirements of subsection (g);
``(13) a description of the outreach and other activities
the program will undertake to maximize the participation of
racial and ethnic minorities, persons with limited English
proficiency, individuals with disabilities, and members of
other underserved or underrepresented groups in all phases of
the program;
``(14) a plan for providing training, technical assistance,
and other assistance to local communities in program
development and networking activities;
``(15) a description of the methods to be utilized to
evaluate the implementation and effectiveness of the family
resource programs within the State;
``(16) a description of proposed actions by the State that
will facilitate the changing of laws, regulations, policies,
practices, procedures, and organizational structures, that
impede the availability or provision of family resource
services; and
``(17) an assurance that the State will provide the
Secretary with reports, at such time and containing such
information as the Secretary may require.
``(g) Local Program Requirements.--
``(1) In general.--A State that receives a grant under this
section shall use amounts received under such grant to
establish local family resource programs that--
``(A) undertake a community-based needs assessment and
program planning process which involves parents, and local
public and nonprofit agencies (including those responsible
for providing health, education, vocational rehabilitation,
employment training, Head Start and other early childhood,
child welfare, and social services);
``(B) develop a strategy to provide comprehensive services
to families to meet identified needs through collaboration,
including public-private partnerships;
``(C) identify appropriate community-based organizations to
administer such programs locally;
``(D) provide core services, and other services directly or
through contracts or agreements with other local agencies;
``(E) involve parents in the development, operation, and
governance of the program; and
``(F) participate in the development and maintenance of a
statewide network of family resource programs.
``(2) Priority.--In awarding local grants under this
section, a State shall give priority to programs serving low-
income communities and programs serving young parents or
parents with young children and shall ensure that such grants
are equitably distributed among urban and rural areas.
``(h) Definitions.--As used in this section:
``(1) Children with disabilities.--The term `children with
disabilities' has the meaning given such term in section
602(a)(2) of Individuals With Disabilities Education Act.
``(2) Community referral services.--The term `community
referral services' means services to assist families in
obtaining community resources, including respite services,
health and mental health services, employability development
and job training and other social services.
``(3) Culturally competent.--The term `culturally
competent' means services, supports, or other assistance that
is conducted or provided in a manner that--
``(A) is responsive to the beliefs, interpersonal styles,
attitudes, languages, and behaviors of those individuals
receiving services; and
``(B) has the greatest likelihood of ensuring maximum
participation of such individuals.
``(4) Family resource program.--The term `family resource
program' means a program that offers community-based services
that provide sustained assistance and support to families at
various stages in their development. Such services shall
promote parental competencies and behaviors that will lead to
the healthy and positive personal development of parents and
children through--
``(A) the provisions of assistance to build family skills
and assist parents in improving their capacities to be
supportive and nurturing parents;
``(B) the provision of assistance to families to enable
such families to use other formal and informal resources and
opportunities for assistance that are available within the
communities of such families; and
``(C) the creation of supportive networks to enhance the
childrearing capacity of parents and assist in compensating
for the increased social isolation and vulnerability of
families.
``(5) Family resource services.--The term `family resource
services' means--
``(A) core services that must be provided directly by the
family resource program under this section, including--
``(i) education and support services provided to assist
parents in acquiring parenting skills, learning about child
development, and responding appropriately to the behavior of
their children;
``(ii) early developmental screening of children to assess
the needs of such children and to identify the types of
support to be provided;
``(iii) outreach services;
``(iv) community referral services; and
``(v) follow-up services; and
``(B) other services, which may be provided either directly
or through referral, including--
``(i) early care and education (such as child care and Head
Start);
``(ii) respite services;
``(iii) job readiness and counseling services (including
skill training);
``(iv) education and literacy services;
``(v) nutritional education;
``(vi) life management skills training;
``(vii) peer counseling and crisis intervention, and family
violence counseling services;
``(viii) referral for health (including prenatal care) and
mental health services;
``(ix) substance abuse treatment; and
``(x) services to support families of children with
disabilities that are designed to prevent inappropriate out-
of-the-home placement and maintain family unity.
``(6) Interdisciplinary governance.--The term
`interdisciplinary governance' includes governance by
representatives from communities and representatives from
existing health, mental health, education, vocational
rehabilitation, employment and training, child welfare, and
other agencies within the State.
``(7) Outreach services.--The term `outreach services'
means services provided to ensure (through home visits or
other methods) that parents and other caretakers are aware of
and able to participate in family resource program
activities.
``(8) Respite services.--The term `respite services' means
short-term care services provided in the temporary absence of
the regular caregiver (parent, other relative, foster parent,
adoptive parent, guardian) to children who meet one or more
of the following categories:
``(A) The children are in danger of abuse or neglect.
``(B) The children have experienced abuse or neglect.
``(C) The children have disabilities, or chronic or
terminal illnesses.
Services provided within or outside the child's home shall be
short-term care, ranging from a few hours to a few weeks of
time, per year, and be intended to enable the family to stay
together and to keep the child living in the child's home and
community.
``(i) Authorization of Appropriations.--There are
authorized to be appropriated to
[[Page 851]]
carry out this title, $50,000,000 for fiscal year 1995.''.
(b) Repeal of Existing Programs.--
(1) Family Resource and Support Grants.--Section 933 of the
Claude Pepper Young Americans Act of 1990 (42 U.S.C. 12339)
is repealed.
(2) Emergency child abuse prevention services grants.--Sec.
107A of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106a-1) is repealed.
SEC. 402. FEDERAL COUNCIL ON CHILDREN, YOUTH, AND FAMILIES.
(a) In General.--Section 918 of the Claude Pepper Young
Americans Act of 1990 (42 U.S.C. 12314) is amended--
(1) in subsection (k)--
(A) in paragraph (3), by striking out ``and'' at the end
thereof;
(B) in paragraph (4), by striking out the period and
inserting in lieu thereof a semicolon; and
(C) by adding at the end thereof the following new
paragraphs:
``(6) identify program regulations, practices, and
eligibility requirements that impede coordination and
collaboration and make recommendations for their
modifications or elimination; and
``(7) develop recommendations for creating jointly funded
programs, unified assessments, eligibility, and application
procedures, and confidentiality protections that facilitate
information sharing.'';
(2) in subsection (o), by striking ``1991 through 1994''
and inserting ``1995 through 1998''; and
(3) in subsection (p), by striking ``1995'' and inserting
``1998''.
(b) Authorization of Appropriations.--Section 934 of such
Act (42 U.S.C. 12340) is amended--
(1) in paragraph (1) of subsection (a), to read as follows:
``(1) There are authorized to be appropriated to carry out
sections 931 and 932 such sums as may be necessary for each
of the fiscal years 1995 through 1998.''; and
(2) by striking subsection (d).
SEC. 403. FAMILY RESOURCE ACT.
(a) National Center.--Section 958(b)(3) of the Claude
Pepper Young Americans Act of 1990 (42 U.S.C. 12353(b)(3)) is
amended by strike ``model''.
(b) Authorization of Appropriations.--Section 960 of the
Claude Pepper Young Americans Act of 1990 (42 U.S.C. 12355)
is amended--
(1) in subsection (a), by striking ``$2,300,000'' and all
that follows through the end thereof and inserting
``$2,000,000 for each of the fiscal years 1995 through
1998.''; and
(2) in subsection (b), by striking ``$700,000'' and all
that follows through the end thereof and inserting
``$1,000,000 for fiscal year 1995, and such sums as may be
necessary for each of the fiscal years 1996 through 1998.''.
And the House agree to the same.
That the Senate recede from its disagreement to the
amendment of the House to the title of the bill, and agree to
the same.
From the Committee on Education and Labor, for consideration
of the Senate bill, and the House amendment, and
modifications committed to conference:
William D. Ford,
M.G. Martinez,
Dale E. Kildee,
Major R. Owens,
Robert E. Andrews,
Bobby Scott,
Lynn C. Woolsey,
Carlos Romero-Barcelo,
Scotty Baesler,
Bill Goodling,
Susan Molinari,
Bill Barrett,
Mike Castle,
As additional conferees from the Committee on Energy and
Commerce, for consideration of title III of the Senate bill,
and title III of the House amendment, and modifications
committed to conference:
John D. Dingell,
Phil Sharp,
Edward J. Markey,
Richard Lehman,
Mike Kreidler,
Carlos J. Moorhead,
Michael Bilirakis,
J. Dennis Hastert,
Managers on the Part of the House.
Ted Kennedy,
Christopher J. Dodd,
Howard M. Metzenbaum,
Claiborne Pell,
Nancy Landon Kassebaum,
Jim Jeffords,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
By unanimous consent, the previous question was ordered on the
conference report to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. SERRANO, announced that the yeas had it.
Mr. FORD of Michigan objected to the vote on the ground that a quorum
was not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
393
When there appeared
<3-line {>
Nays
20
Para. 48.20 [Roll No. 170]
YEAS--393
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Buyer
Byrne
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hansen
Harman
Hastert
Hayes
Hefner
Herger
Hilliard
Hinchey
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hutchinson
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roberts
Roemer
Rogers
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Washington
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--20
Allard
Archer
Armey
Burton
Callahan
Coble
Collins (GA)
Crane
DeLay
Doolittle
Dornan
Hancock
Hunter
Johnson, Sam
Miller (FL)
Rohrabacher
Royce
Sensenbrenner
Stump
Walker
[[Page 852]]
NOT VOTING--19
Becerra
Blackwell
Cox
Flake
Gallegly
Grandy
Green
Gutierrez
Hastings
Hefley
Hoagland
Hutto
Lewis (GA)
Neal (NC)
Parker
Ridge
Santorum
Sharp
Thomas (CA)
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 48.21 adjournment over
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 12
o'clock noon on Monday, May 16, 1994.
Para. 48.22 calendar wednesday business dispensed with
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, May
18, 1994, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
Para. 48.23 order of business--recess
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That it may be in order on Wednesday, May 18, 1994, for the
Speaker to declare a recess, subject to the call of the Chair, for the
purpose of receiving in Joint Meeting His Excellency P. V. Narasimha
Rao, Prime Minister of the Republic of India.
Para. 48.24 hour of meeting
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That when the House adjourns on Wednesday, May 18, 1994, it
adjourn to meet at 9:30 a.m. on Thursday, May 19, 1994.
Para. 48.25 order of business--recesses
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That it may be in order on Thursday, May 19, 1994, for the
Speaker to declare recesses at any time subject to the call of the
Chair, for the purpose of receiving former Members of Congress.
Para. 48.26 montana wilderness
The SPEAKER pro tempore, Mr. McDERMOTT, pursuant to House Resolution
423 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the consideration of the
bill (H.R. 2473) to designate certain National Forest lands in the State
of Montana as wilderness, to release other National Forest Lands in the
State of Montana for multiple use management, and for other purposes.
The SPEAKER pro tempore, Mr. McDERMOTT, by unanimous consent,
designated Ms. WOOLSEY as Chairman of the Committee of the Whole; and
after some time spent therein,
The SPEAKER pro tempore, Mr. VENTO, assumed the Chair.
When Ms. WOOLSEY, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
Para. 48.27 bills and joint resolution signed
Mr. ROSE, from the Committee on House Administration, reported that
that committee had examined and found truly enrolled bills and a joint
resolution of the House of the following titles, which were thereupon
signed by the Speaker:
H.R. 1134. An Act to provide for the transfer of certain
public lands located in Clear Creek County, CO, to the Forest
Servcie, the State of Colorado, and certain local governments
in the State of Colorado, and for other purposes.
H.R. 2868. An Act to designate the Federal building located
at 600 Camp Street in New Orleans, LA, as the ``John Minor
Wisdom United States Court of Appeals Building'', and for
other purposes.
H.R. Res: 303. Joint resolution to designate June 6, 1994,
as ``D-Day National Remembrance Day''.
Para. 48.28 bills and joint resolution presented to the president
Mr. ROSE, from the Committee on House Administration, reported that
that committee did on the following dates present to the President, for
his approval, bills and a joint resolution of the House of the following
titles:
On May 6, 1994:
H.J. Res. 239. Joint resolution to authorize the President
to proclaim September 1994 as ``Classical Music Month''.
H.R. 4204. An Act to designate the Federal building located
at 711 Washington Street in Boston, MA, as the ``Jean Mayer
Human Nutrition Research Center on Aging''.
On May 10, 1994:
H.R. 1727. An Act to establish a program of grants to
States for arson research, prevention, and control, and for
other purposes.
Para. 48.29 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. COX of California, for today after 3 p.m.;
To Mr. PORTER, for today from 1 p.m. to 4 p.m.; and
To Mr. HOAGLAND, for today after 12 noon.
And then,
Para. 48.30 adjournment
On motion of Mr. DORNAN, pursuant to the special order heretofore
agreed to, at 7 o'clock and 25 minutes p.m., the House adjourned until
12 o'clock noon on Monday, May 16, 1994.
Para. 48.31 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. OBEY: Committee on Appropriations. Report on the
subdivision of budget totals for fiscal year 1995 (Rept. No.
103-505). Referred to the Committee of the Whole House on the
State of the Union.
Mr. ROSTENKOWSKI: Committee on Ways and Means. H.R. 4277. A
bill to establish the Social Security Administration as an
independent agency and to make other improvements in the old-
age, survivors, and disability insurance program; with an
amendment (Rept. No. 103-506). Referred to the Committee of
the Whole House on the State of the Union.
Mr. FORD of Michigan: Committee on Education and Labor.
H.R. 2108. A bill to make improvements in the Black Lung
Benefits Act (Rept. No. 103-507). Referred to the Committee
of the Whole House on the State of the Union.
Para. 48.32 public bills and resolutions
Under clause 5 of rule X and clause 4 of the rule XXII, public bills
and resolutions were introduced and severally referred as follows:
By Mr. CARR:
H.R. 4399. A bill to combat telemarketing fraud; to the
Committee on the Judiciary.
By Mr. CLAY (for himself, Mr. Stokes, Miss Collins of
Michigan, and Mrs. Byrne):
H.R. 4400. A bill to amend title 39, United States Code, to
prevent the use of paid confidential informants by the U.S.
Postal Service in certain narcotics investigations; to
require that the appointment of the Inspector General of the
U.S. Postal Service be made by the President, with the advice
and consent of the Senate; and for other purposes; jointly,
to the Committees on Post Office and Civil Service and
Government Operations.
By Mr. de la GARZA:
H.R. 4401. A bill to amend the Federal Water Pollution
Control Act to authorize financial assistance for United
States-Mexico wastewater treatment works; to the Committee on
Public Works and Transportation.
By Mr. DeFAZIO (for himself, Mr. Williams, Mr. Miller
of California, Mr. Studds, Mr. Brown of California,
Mr. Lehman, Mr. Richardson, Mr. Wilson, Mr. Rahall,
Mr. Stark, Mr. Gordon, Mr. Abercrombie, Mr. Boehlert,
Ms. Slaughter, Mr. Sanders, Mr. Barlow, Mr. Torres,
Mr. Meehan, Mr. Serrano, Mr. Towns, Mr. Lewis of
Georgia, Ms. Waters, Mr. Peterson of Minnesota, Mr.
Hinchey, Mr. Frank of Massachusetts, Mr. Nadler, and
Mr. Shays):
H.R. 4402. A bill to amend the Export Administration Act of
1979 to require the Secretary of Commerce to monitor domestic
supplies and exports of unprocessed timber and to impose
export controls on such timber when a critical short supply
of such timber exists for domestic manufacturing purposes; to
the Committee on Foreign Affairs.
By Mr. EMERSON (for himself, Mr. Whitten, Mr. Brewster,
Mr. McCrery, and Mr. Skelton):
H.R. 4403. A bill to rescind the fee required for the use
of public recreation areas at lakes and reservoirs under the
jurisdiction of the Army Corps of Engineers, and for other
purposes; to the Committee on Public Works and
Transportation.
By Mr. GILCHREST (for himself, Mr. Shays, Mr. Ravenel,
and Ms. Furse):
H.R. 4404. A bill to amend the Magnuson Fishery
Conservation and Management Act to promote the long-term
sustainability of marine fisheries, and for other purposes;
to the Committee on Merchant Marine and Fisheries.
By Mr. Goodlatte:
H.R. 4405. A bill to require a 25-percent reduction in
appropriation for the legislative branch of the Government;
to the Committee on House Administration.
H.R. 4406. A bill to require that a monthly statement of
costs charged against the official mail allowance for persons
entitled to
[[Page 853]]
use the congressional frank be kept and made available to the
public, and to reduce the amount of that allowance for any
Member of the House of Representatives; to the Committee on
House Administration.
By Mr. GOODLING (for himself, Mr. Hoekstra, Mr.
Ballenger, Mr. Petri, Mr. Castle, Mr. Fawell, Mr.
Klug, Mr. Lewis of Florida, Mr. Ewing, and Mr.
Shays):
H.R. 4407. A bill to establish a comprehensive and
efficient workforce preparation and development system in the
United States, and for other purposes; to the Committee on
Education and Labor.
By Mr. HAMBURG (for himself and Ms. Woolsey):
H.R. 4408. A bill to protect and restore the anadromous
fish habitat in the Russian River of northern California and
its tributaries, and to provide for a pilot project to test
and demonstrate the benefits of main stem river channel
restoration; jointly, to the Committees on Merchant Marine
and Fisheries and Public Works and Transportation.
By Mr. HOBSON (for himself and Mr. Hall of Ohio):
H.R. 4409. A bill to allow service performed as an employee
of a nonappropriated fund instrumentality after 1965 and
before 1987 to be considered creditable for purposes of civil
service retirement; to the Committee on Post Office and Civil
Service.
By Mr. JACOBS (for himself and Mr. Inhofe):
H.R. 4410. A bill to provide for universal affordable
access to health care and health insurance through tax and
savings incentives, and for other purposes; jointly, to the
Committees on Ways and Means, Energy and Commerce, and
Education and Labor.
By Mr. KLINK (for himself, Mr. Kildee, and Mr. Clay):
H.R. 4411. A bill to establish national programs to provide
for environmental response training and employment; jointly,
to the Committees on Energy and Commerce and Education and
Labor.
By Ms. LONG (for herself, Mr. Ewing, Mr. Boehner, Mr.
Rowland, Mr. Skelton, Mr. Holden, Mr. Montgomery, and
Mr. Emerson):
H.R. 4412. A bill to require the head of any Federal agency
to differentiate between fats, oils, and greases of animal,
marine, or vegetable origin, and other oils and greases, in
issuing certain regulations, and for other purposes; jointly,
to the Committees on Agriculture and Energy and Commerce.
By Mr. MAZZOLI (for himself and Mr. Frank of
Massachusetts):
H.R. 4413. A bill to amend the Immigration and Nationality
Act to make permanent the visa waiver program and to
authorize, under certain conditions, the designation of the
European Union as a visa waiver program country; to the
Committee on the Judiciary.
By Mr. McCURDY (for himself, Mr. Wheat, Mr. Clement,
Mr. Darden, Mr. Deal, Ms. Long, Mr. Swett, Mr.
Tanner, Mr. Johnson of Georgia, Ms. Lambert, Mr.
Payne of Virginia, Mr. Barlow, Mr. Skelton, Mr.
Gordon, Mr. Minge, Mr. Lipinski, Mr. Orton, Mr.
Brewster, Mr. Mann, Mr. Klink, Mr. Peterson of
Minnesota, Mr. Laughlin, Mr. Rowland, Mr. Pete Geren
of Texas, Ms. Kaptur, Mr. Montgomery, Mr. Hayes, and
Mr. Taylor of Mississippi):
H.R. 4414. A bill to reconnect welfare families to the
world of work, make work pay, strengthen families, require
personal responsibility, and support State flexibility;
jointly, to the Committees on Ways and Means Agriculture,
Energy and Commerce, Education and Labor, and the Judiciary.
By Mr. MURPHY:
H.R. 4415. A bill to make improvements in the Black Lung
Benefits Act; to the Committee on Education and Labor.
By Mr. PETERSON of Minnesota (for himself and Mr.
Roberts):
H.R. 4416. A bill to amend the Food Security Act of 1985 to
reauthorize the conservation reserve program; to the
Committee on Agriculture.
By Mr. RICHARDSON (for himself and Mr. Baker of
California):
H.R. 4417. A bill to authorize appropriations for a
retirement incentive for certain employees of National
Laboratories; jointly, to the Committees on Armed Services
and Science, Space, and Technology.
By Mr. ROBERTS:
H.R. 4418. A bill to require Federal agencies to prepare
private property taking impact analyses, and for other
purposes; jointly, to the Committees on Government Operations
and the Judiciary.
By Mr. SANTORUM (for himself, Mr. Archer, Mr. Gingrich,
Mr. Thomas of California, Mr. Shaw, Mr. Camp, Mr.
Herger, Mr. McCrery, Mrs. Johnson of Connecticut, Mr.
Castle, Mr. Gekas, Mr. Smith of Michigan, and Mr.
Istook):
H.R. 4419. A bill to modify the supplemental security
income program under title XVI of the Social Security Act;
jointly, to the Committees on Ways and Means and Energy and
Commerce.
By Mr. SMITH of Michigan:
H.R. 4420. A bill to amend the Internal Revenue Code of
1986 to allow a deduction for State and local general sales
taxes and to compensate for the resulting revenue loss by
providing that only 75 percent of the amount of all State and
local taxes shall be allowed as a deduction; to the Committee
for Ways and Means.
By Mr. SOLOMON (for himself, Mr. Stump, Mr. Bunning,
Mr. Levy, Mr. Kyl, and Mr. Sensenbrenner):
H.R. 4421. A bill to amend the Internal Revenue Code of
1986 to provide that tax-exempt interest shall not be taken
into account in determining the amount of Social Security
benefits included in gross income; to the Committee on Ways
and Means.
By Mr. TAUZIN (for himself, Mr. Studds, Mr. Fields of
Texas, and Mr. Coble):
H.R. 4422. A bill to authorize appropriations for fiscal
year 1995 for the Coast Guard, and for other purposes; to the
Committee on Merchant Marine and Fisheries.
By Mr. TRAFICANT:
H.R. 4423: A bill to establish a commission responsible for
making recommendations for laws that will control crime and
formulating a national firearms policy without denying second
amendment rights; to the Committee on the Judiciary.
By Mr. GINGRICH (for himself and Mr. Lantos):
H. Con. Res. 249. Concurrent resolution condemning the
death sentence issued against British author Salman Rushdie
by the Ayatollah Ruhollah Khomeini in Iran and calling for
its immediate repudiation; to the Committee on Foreign
Affairs.
By Mr. GOODLATTE:
H. Res. 425. Resolution amending the Rules of the House of
Representatives to prohibit voting by proxy in committees and
subcommittees; to the Committee on Rules.
H. Res 426. Resolution to amend the Rules of the House of
Representatives to allow Members to require rollcall votes to
strike specific line items contained in appropriations bills;
to the Committee on Rules.
H. Res. 427. Resolution to amend the Rules of the House of
Representatives to require a rollcall vote on passage of any
measure making appropriations or providing revenue; to the
Committee on Rules.
Para. 48.33 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
382. By the SPEAKER: Memorial of the Legislature of the
State of Maine; relative to unfunded Federal mandates; to the
Committee on Government Operations.
383. Also, memorial of the Legislature of the State of
Louisiana, relative to the cottonbalers memorial; to the
Committee on Natural Resources.
Para. 48.34 private bill and resolutions
Under clause 1 of rule XXII.
Mr. GILCHREST introduced a bill (H.R. 4424) to clear
certain impediments to the licensing of a vessel for
employment in the coastwise trade and fisheries of the United
States; which was referred to the Committee on Merchant
Marine and Fisheries.
Para. 48.35 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 65: Mr. Gene Green of Texas.
H.R. 712: Mr. DeFazio.
H.R. 799: Mr. Fish.
H.R. 896: Mr. Upton, Mr. Cox, and Mr. McHugh.
H.R. 967: Mr. Smith of Texas.
H.R. 1330: Mr. King, Mr. Levy, Mr. Sensenbrenner, Mr.
Istook, Mr. Tanner, and Mr. McMillan.
H.R. 1391: Mr. Towns.
H.R. 2460: Mr. Hoekstra.
H.R. 2467: Mr. Bartlett of Maryland, Mr. Castle, Mr.
Everett, Mr. Gallo, Ms. Kaptur, and Mr. Mfume.
H.R. 2638: Mr. Murphy, Mr. Kildee, Mr. Barrett of
Wisconsin, and Mr. Ford of Tennessee.
H.R. 2826: Mr. Upton.
H.R. 2863: Mrs. Kennelly.
H.R. 2866: Mr. Johnston of Florida.
H.R. 2889: Mr. Bachus of Alabama, Mr. Bevill, Mr.
Coppersmith, Mr. Fish, Mr. Hamburg, Mr. Hilliard, Mr.
Hoagland, Mr. LaFalce, Mr. Lewis of California, Mr.
Livingston, Mr. Mineta, Mr. Ortiz, and Mr. Vento.
H.R. 2927: Mr. Hoagland.
H.R. 2929: Ms. Margolies-Mezvinsky.
H.R. 2942: Mr. Brown of California, Mrs. Thurman, Mr.
Stenholm, Mr. Condit, Mr. Minge, Mr. Combest, Mr. Pombo, Mr.
Smith of Oregon, Mr. Canady, Mr. Everett, Mr. Allard, Mr.
Bishop, Mr. Nussle, Mr. Rose, and Mr. Peterson of Minnesota.
H.R. 3017: Mr. Crane.
H.R. 3023: Mr. Smith of Texas, Mr. Gingrich, Ms. Molinari,
Mr. Studds, Mr. LaFalce, Mr. Brown of OhioMr. Engel, Mr.
Ramstad, and Mr. Fields of Texas.
H.R. 3128: Mr. Engel, Mr. Serrano, and Ms. Woolsey.
H.R. 3173: Mr. Solomon and Mr. Ewing.
H.R. 3246: Mr. Bishop, Mr. Browder, Mr. Buyer, Mr.
Callahan, Mr. Hayes, Mr. Hoagland, Mr. Jacobs, Mr. Johnson of
Georgia, Mr. LaRocco, Mr. Lehman, Mr. Pomeroy, Ms. Pryce of
Ohio, Mr. Ravenel, Mr. Roberts, Mr. Skeen, Mr. Slattery, Mr.
Spratt, Mrs. Vucanovich, and Mr. Towns.
H.R. 3288: Mr. Franks of New Jersey.
H.R. 3392: Mr. Linder and Mr. McCrery.
H.R. 3407: Mr. Linder, Mr. Gekas, Mr. Camp, Mr. McCollum,
and Mr. Sanders.
H.R. 3785: Mr. Gejdenson, and Mr. Hinchey.
H.R. 3811: Mr. Kim, Mr. Hamburg, Mr. Packard, Mr. Becerra,
Mr. Tucker, Ms. Waters, Mr. Mineta, Mr. Cox, Mr. Cunningham,
Mr. Hunter, and Mr. Rohrabacher.
H.R. 3812: Mr. Brooks, Ms. McKinney, Mr. Ortiz, Mr. Hughes,
Ms. Schenk, and Mr. Parker.
[[Page 854]]
H.R. 3820: Mr. Sundquist, Mr. Hunter, Mr. Tanner, Mr.
Gillmor, Mr. Cramer, Mr. Hall of Texas, Mr. Mineta, Mr.
DeLay, and Mr. Armey.
H.R. 3860: Mr. Thomas of Wyoming.
H.R. 3878: Mr. Deutsch.
H.R. 3926: Mr. Saxton, Mr. Barca of Wisconsin, and Mr.
Knollenberg.
H.R. 3949: Mr. Quillen and Mr. Bunning.
H.R. 3951: Mr. Baesler and Mr. Hutchinson.
H.R. 3973: Mr. Petri, Mr. Johnson of South Dakota, and Mr.
Skelton.
H.R. 3978: Mr. Rohrabacher.
H.R. 3986: Mr. McCandless and Mr. Meehan.
H.R. 3987: Mr. Frank of Massachusetts.
H.R. 3992: Mr. Crane.
H.R. 4028: Mr. Hughes, Mr. Parker, and Mr. Manton.
H.R. 4050: Mr. Synar, Mr. Swett, and Mr. Andrews of New
Jersey.
H.R. 4052: Mr. Sundquist and Mr. Gingrich.
H.R. 4056: Mr. Livingston, Mr. Camp, Mr. Lewis of Georgia,
Mr. Allard, and Mr. Deutsch.
H.R. 4069: Ms. Norton, Mr. Bishop, Ms. Eddie Bernice
Johnson of Texas, Mr. Wynn, Mr. Washington, Mr. Payne of New
Jersey, Mr. Hastings, Mr. Conyers, and Mr. de Lugo.
H.R. 4070: Ms. Norton, Mr. Bishop, Mr. Evans, Mr.
McCloskey, Mr. Shays, Mr. Wynn, Mr. Washington, Mr. Payne of
New Jersey, Mr. Hastings, Mr. Conyers, Mr. de Lugo, Mrs.
Morella, and Mr. Sawyer.
H.R. 4071: Mr. Frost, Ms. Norton, Mr. Bishop, Mr. Saxton,
Mr. Clyburn, Mr. McCloskey, Mr. Shays, Mr. Hilliard, Mr.
Wynn, Mr. Washington, Mr. Payne of New Jersey, Mr. Hastings,
Mr. Conyers, Mr. de Lugo, Mrs. Morella, Mr. Watt and Mr.
Sawyer.
H.R. 4077: Mr. Jacobs.
H.R. 4100: Mr. Peterson of Minnesota,
H.R. 4106: Mr. Sanders and Mr. Shays.
H.R. 4115: Mr. Levin, Mr. Wilson, Mr. Berman, and Mr. Smith
of New Jersey.
H.R. 4124: Mr. Boucher.
H.R. 4129: Mr. Sisisky, Mr. Ravenel, Ms. Slaughter, Mr.
Hochbrueckner, Mr. Pastor, Mr. Neal of North Carolina, Mr.
Spence, and Mr. Solomon.
H.R. 4133: Mrs. Thurman, Mr. Wilson, and Mr. Traficant.
H.R. 4135: Mr. Dellums, Mr. Dixon, Mr. Richardson, Mr.
Gillmor Mr. Engle, and Mr. Roberts.
H.R. 4148: Mr. Dellums.
H.R. 4188: Mr. Barrett of Wisconsin, Mr. Clyburn, Mr.
McHugh, Mr. Porter, and Mr. Solomon.
H.R. 4216: Mr. Hughes.
H.R. 4223: Mr. Bunning, Mr. Saxton, and Mr. Walker.
H.R. 4251: Mr. Underwood, Mr. Filner, Mr. Murphy, Mr.
Miller of California, Mr. Gejdenson, Mr. Coble, and Mr.
Coyne.
H.R. 4277: Mr. Rostenkowski, Mr. Archer, Mr. Pickle, Mr.
Stark, Mrs. Kennelly, Mr. Coyne, Mr. Kleczka, Mr. Payne of
Virginia, Mr. Jefferson, Mr. Brewster, Mr. Reynolds, Mr.
Thomas of California, Mrs. Johnson of Connecticut, Mr.
Bunning, Mr. Grandy, Mr. Houghton, Mr. Herger, Mr. McCrery,
Mr. Santorum, Mr. Camp, Mrs. Vucanovich, and Mr. Bachus of
Alabama.
H.R. 4351: Mr. Cooper.
H.R. 4356: Mr. Saxton, Mr. Greenwood, and Mr.
Sensenbrenner.
H.R. 4371: Mrs. Unsoeld.
H.J. Res. 90: Mr. Richardson, Mr. Hastings, and Mr.
McInnis.
H.J. Res. 209: Mr. Neal of North Carolina, Mr. Matsui, Mr.
Tanner, Mr. Mineta, Mr. Calvert, Mr. Upton, and Mr. Moakley.
H.J. Res. 230: Mr. Coble, Mr. Dellums, Mr. Gordon, Mr.
Greenwood, Mr. Kennedy, Mr. Lantos, Mr. Myers of Indiana, Mr.
Reed, Mr. Solomon, Mr. Vento, Mr. Smith of Texas, Mr. Cooper,
Mr. Sanders, and Ms. Furse.
H.J. Res. 315: Mr. Bartlett of Maryland, Mr. Emerson, Mr.
Franks of New Jersey, Mr. Gingrich, Mr. Gordon, Mr. Neal of
North Carolina, Mr. Pickett, Mr. Rose, Ms. Roybal-Allard, Mr.
Sabo, Mr. Smith of Texas, Ms. Snowe, and Mr. Tejeda.
H.J. Res. 332: Mr. Bishop, Mr. Bonior, Mr. Torkildsen, and
Ms. Brown of Florida.
H.J. Res. 356: Mr. Gene Green of Texas, and Mrs. Mink of
Hawaii.
H.J. Res. 359: Mr. Gillmor, Mr. Gene Green of Texas, Mr.
Hughes. Mr. Montgomery, Mr. Murphy, Mr. Murtha, Mr. Neal of
North Carolina, Mr. Orton, Mr. Oxley, Mr. Packard, Ms.
Pelosi, Mr. Portman, Mr. Quillen, Mr. Ravenel, Mr. Moran, Mr.
Reed, Mr. Regula, Mr. Richardson, Mr. Sawyer, Mr. Schumer,
Mr. Serrano, Mr. Smith of Texas, Mr. Stump, Mr. Tauzin, Mr.
Frost, and Mr. Bonior.
H. Con. Res. 98: Mr. Moran, Mr. Shuster, and Mr. Chapman.
H. Con. Res. 138: Mr. Owens, Ms. Woolsey, Mr. Coyne, Mr.
Fingerhut, Mr. Lazio, Mr. Zimmer, and Mr. Rush.
H. Con. Res. 176: Mr. Thomas of Wyoming.
H. Con. Res. 179: Mr. Saxton.
H. Con. Res. 196: Mr. Payne of New Jersey, Mr. Pombo, Mrs.
Byrne, Mr. Wynn, and Mr. Cox.
H. Con. Res. 209: Mr. Towns.
H. Con. Res. 229: Mr. Deutsch.
H. Con. Res. 239: Mr. Andrews of New Jersey, Mr. Deutsch,
Mr. Yates, Mr. Frank of Massachusetts, Mr. Cooper, Mr.
McCurdy, Mr. Burton of Indiana, Mr. Ramstad, Mr. Diaz-Balart,
Mrs. Maloney, Mr. Klein, Ms. Ros-Lehtinen, Mr. Gilman, Mrs.
Unsoeld, Ms. Schenk, Mr. Ackerman, Mr. Coppersmith, Mr. Mann,
Mr. Zimmer, Mr. Baker of California, Mr. Franks of New
Jersey, Mr. Shaw, Mr. Kopetski, Mr. McNulty, Mr. Frost, Mr.
Hochbrueckner, Mr. Schiff, Mr. Berman, Mr. Levy, Mr. Engel,
Ms. Molinari, Ms. Slaughter, Mr. Bacchus of Florida, Mr.
Waxman, Mr. Gene Green of Texas, Mr. Kyl, and Ms. Harman.
H. Res. 291: Mr. Archer and Mr. Bachus of Alabama.
H. Res. 354: Mr. King.
H. Res. 381: Ms. Pryce of Ohio.
Para. 48.36 petitions, etc.
Under clause 1 of rule XXII,
93. The SPEAKER presented a petition of the Intercounty
Association of Western New York, NY, relative to the right to
keep and bear arms; which was referred to the Committee on
the Judiciary.
Para. 48.37 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 4260: Mr. Hobson.
H.R. 4311: Mr. Solomon.
.
MONDAY, MAY 16, 1994 (49)
Para. 49.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
MONTGOMERY, who laid before the House the following communication:
Washington, DC,
May 16, 1994.
I hereby designate the Honorable G.V. (Sonny) Montgomery to
act as Speaker pro tempore on this day.
Thomas J. Foley,
Speaker of the House of Representatives.
Para. 49.2 approval of the journal
The SPEAKER pro tempore, Mr. MONTGOMERY, announced he had examined and
approved the Journal of the proceedings of Thursday, May 12, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 49.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3180. A letter from the Director, the Office of Management
and Budget, transmitting the cumulative report on rescissions
and deferrals of budget authority as of May 1, 1994, pursuant
to 2 U.S.C. 685(e) (H.Doc. No. 103-255); to the Committee on
Appropriations and ordered to be printed.
3181. A letter from the Office of General Counsel,
Department of Defense, transmitting a draft of proposed
legislation to amend title 10, United States Code, to
authorize the Secretary of Defense to determine the control
of authorized strengths for certain active duty commissioned
officers; to the Committee on Armed Services.
3182. A letter from the Acting General Counsel, Department
of Defense, transmitting a draft of proposed legislation to
establish a Department of Defense Laboratory Revitalization
Demonstration Program for the purpose of improving
management, efficiency, and overall effectiveness of DOD
laboratories and centers; to the Committee on Armed Services.
3183. A letter from the Secretary of Education,
transmitting a copy of Final Regulations--Direct Grant
Programs; National Early Intervention scholarship and
Partnership Program, pursuant to 20 U.S.C. 1232(d)(1); to the
Committee on Education and Labor.
3184. A letter from the Secretary of Energy, transmitting
notice that the Department will not be able to issue a final
rule regarding residential energy efficient rating guidelines
until November 1995; to the Committee on Energy and Commerce.
3185. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notice concerning the
Department of the Army's proposed Letter(s) of Offer and
Acceptance [LOA] to Egypt for defense articles and services
(Transmittal No. 94-27), pursuant to 22 U.S.C. 2776(b); to
the Committee on Foreign Affairs.
3186. A letter from the Secretary of Defense, transmitting
notice that the President proposes to obligate up to $2.26
million to assist the Russian Federation in the area of
export controls for the purpose of preventing the
proliferation of weapons of mass destruction; jointly, to the
Committees on Appropriations and Foreign Affairs.
3187. A letter from the Secretary, Department of the
Interior, transmitting the annual report entitled ``Outer
Continental Shelf Lease Sales'' for fiscal years 1991 and
1992, pursuant to 43 U.S.C. 1337(a)(9); to the Committee on
Natural Resources.
3188. A letter from the Under Secretary for Oceans and
Atmosphere, Department of Commerce, transmitting notice of
designation for the Olympic Coast National Marine sanctuary,
together with final regulations implementing the designation,
pursuant to 16 U.S.C. 1434(a)(1)(C); to the Committee on
Merchant Marine and Fisheries.
3189. A letter from the Director of Communications and
Legislative Affairs, U.S. Equal Employment Opportunity
Commission, transmitting the Commission's ``Annual report on
the Employment of Minorities, Women and People with
Disabilities in the
[[Page 855]]
Federal Government for fiscal year 1991''; to the Committee
on Post Office and Civil Service.
3190. A letter from the Secretary of Veterans Affairs,
transmitting a draft of proposed legislation to amend title
38, United States Code, to increase, effective as of December
1, 1994, the rates of disability compensation for veterans
with service-connected disabilities and the rates of
dependency and indemnity compensation for survivors of such
veterans; to the Committee on Veterans' Affairs.
3191. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting certification that
Trinidad and Tobago has adopted a regulatory program
governing the incidental taking of certain sea turtles,
pursuant to Public Law 101-162, section 609(b)(2) (103 Sat.
1038); jointly, to the Committees on Appropriations and
Merchant Marine and Fisheries.
3192. A letter from the Chairman, Nuclear Regulatory
Commission, transmitting the Commission's report on abnormal
occurrences at licensed nuclear facilities for the fourth
quarter of calendar year 1993, pursuant to 42 U.S.C. 5848;
jointly, to the Committees on Energy and Commerce and Natural
Resources.
3193. A letter from the General Counsel, Department of the
Treasury, transmitting a draft of proposed legislation to
amend the Federal Administration Act to provide for increased
penalties and fines, and for other purposes; jointly, to the
Committees on Ways and Means and the Judiciary.
Para. 49.4 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed with an amendment in which the concurrence of
the House is requested, a bill of the House of the following title:
H.R. 2440. An Act to amend the Independent Safety Board Act
of 1974 to authorize appropriations for fiscal years 1994,
1995, and 1996, and for other purposes.
The message also announced that the Senate agreed to the amendment of
the House to the bill (S. 2024) ``An Act to provide temporary
obligational authority for the airport improvement program and to
provide for certain airport fees to be maintained at existing levels for
up to 60 days, and for other purposes'' with an amendment.
The message also announced that the Senate agreed to the Report of the
Committee of Conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the resolution (H. Con. Res. 218)
``Concurrent resolution setting forth the congressional budget for the
United States Government for the fiscal years 1995, 1996, 1997, 1998,
and 1999.''.
The message also announced that the Senate agreed to the report of the
committee of conference on the disagreeing votes of the two Houses on
the amendments of the House to the bill (S. 636) ``An Act to amend the
Public Health Service Act to permit individuals to have freedom of
access to certain medical clinics and facilities, and for other
purposes.''.
The message also announced that the Senate had passed bills and a
joint resolution of the following titles, in which the concurrence of
the House is requested:
S. 720. An Act to clean up open dumps on Indian lands, and
for other purposes.
S. 1935. An Act to limit the acceptance of gifts, meals,
and travel by Members of Congress and congressional staff,
and for other purposes.
S.J. Res. 190. Joint resolution to designate May 15, 1994,
National Peace Officers Memorial Day.
Para. 49.5 senate joint resolution referred
A joint resolution of the Senate of the following title was taken from
the Speaker's table and, under the rule, referred as follows:
S.J. Res. 190. Joint resolution to designate May 15, 1994,
National Peace Officers Memorial Day; to the Committee on
Post Office and Civil Service.
And then,
Para. 49.6 adjournment
On motion of Mr. MILLER of California, pursuant to the special order
of the House of May 11, 1994, at 1 o'clock and 1 minute p.m., the House
adjourned until 10:30 a.m., Tuesday, May 17, 1994.
Para. 49.7 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. ROWLAND (for himself and Mr. Smith of New
Jersey):
H.R. 4425. A bill to authorize major medical facility
construction projects for the Department of Veterans Affairs
for fiscal year 1995, to revise and improve veterans' health
program, and for other purposes; to the Committee on
Veterans' Affairs.
By Mr. OBEY:
H.R. 4426. A bill making appropriations for foreign
operations, export financing, and related programs for the
fiscal year ending September 30, 1995; to the Committee on
Appropriations.
By Mr. KREIDLER (for himself, Mr. Rowland, Mrs.
Unsoeld, and Mr. Swift):
H.R. 4427. A bill to amend the Federal Food, Drug, and
Cosmetic Act to allow for additional deferred effective dates
for approval of applications under the new drugs provisions,
and for other purposes; to the Committee on Energy and
Commerce.
By Mr. SMITH of New Jersey:
H.R. 4428. A bill to amend title 38, United States Code, to
require the Secretary of Veterans Affairs to maintain the
existing capacity of the Department of Veterans Affairs to
provide specialized services to disabled veterans; to the
Committee on Veterans' Affairs.
Para. 49.8 memorials
Under clause 4 of rule XXII, memorials were presented and referred
sponsors were added to public bills and resolutions as follows:
384. By the SPEAKER: Memorial of the Legislature of the
State of Maine, relative to defense finance and accounting
service centers; to the Committee on Armed Services.
385. Also, memorial of the Legislature of the State of
Maine, relative to military facilities in the United States;
to the Committee on Armed Services.
Para. 49.9 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 141: Mr. Studds, Mr. Lipinski, Mr. Swift, Mr. Kasich,
Mr. Clay, Ms. Norton, and Mr. Watt.
H.R. 346: Mr. Paxon.
H.R. 790: Mr. Wynn and Mr. Gunderson.
H.R. 794: Mr. Frank of Massachusetts.
H.R. 1843: Mr. Lewis of California and Ms. Dunn.
H.R. 2929: Mr. King.
H.R. 3182: Mr. Mineta.
H.R. 3227: Mr. Boehlert, Mr. Orton, Mr. Ackerman, and Mr.
Houghton.
H.R. 3322: Mr. Johnston of Florida and Mr. Hastings.
H.R. 3791: Mr. Bliley, Mr. Leach, and Mr. Frank of
Massachusetts.
H.R. 3903: Mr. Hughes, Mr. Hinchey, and Mr. Livingston.
H.R. 3904: Mr. Dornan.
H.R. 3906: Mr. Rahall, Mr. Barrett of Wisconsin, Mr.
Jacobs, Mr. Brewster, Mr. DeFazio, Mr. Hilliard, Mr. Crapo,
Mr. Coppersmith, Ms. Pryce of Ohio, and Ms. Eddie Bernice
Johnson of Texas.
H.R. 4142: Mr. Traficant and Mr. Fingerhut.
H.R. 4251: Mr. Tejeda, Mr. Price of North Carolina, Mr.
Scott, and Mr. DeFazio.
H.R. 4291: Ms. Collins of Michigan, Mr. Towns, and Mr.
Smith of New Jersey.
H.R. 4412: Mr. Combest, Mr. Johnson of South Dakota, and
Mr. Penny.
H.R. 4423: Mr. Martinez, and Mr. Fazio.
H.J. Res. 15: Ms. Brown of Florida, and Mr. Andrews of New
Jersey.
H.J. Res. 209: Mr. Brown of California, Mr. Goodling, Mr.
Porter, Ms. DeLauro, and Mr. Cramer.
H.J. Res. 356: Ms. DeLauro and Mr. Edwards of California.
H. Con. Res. 233: Mr. Levin, Mr. Gutierrez, and Mr.
Bilbray.
.
TUESDAY, MAY 17, 1994 (50)
Para. 50.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
STRICKLAND, at 10:30 a.m., who laid before the House the following
communication:
Washington, DC,
May 17, 1994.
I hereby designate the Honorable Ted Strickland to act as
Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Whereupon, pursuant to the order of the House of Friday, February 11,
1994, Members were recognized for ``morning hour'' debates.
Para. 50.2 recess--10:56 a.m.
The SPEAKER pro tempore, Mr. STRICKLAND, pursuant to clause 12 of rule
I, at 10 o'clock and 56 minutes a.m. declared the House in recess until
12 o'clock noon.
Para. 50.3 after recess--12:00 noon
The SPEAKER called the House to order.
Para. 50.4 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Monday, May 16, 1994.
Mr. SENSENBRENNER, pursuant to clause 1, rule I, objected to the
Chair's approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
[[Page 856]]
The SPEAKER announced that the yeas had it.
Mr. SENSENBRENNER objected to the vote on the ground that a quorum was
not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
238
When there appeared
<3-line {>
Nays
158
Para. 50.5 [Roll No. 171]
YEAS--238
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barrett (WI)
Bateman
Becerra
Beilenson
Berman
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Bryant
Byrne
Cantwell
Cardin
Carr
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
Deal
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Dooley
Dornan
Durbin
Edwards (TX)
Eshoo
Evans
Everett
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Ford (MI)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hoagland
Hochbrueckner
Holden
Houghton
Hughes
Hutto
Inglis
Inslee
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Kanjorski
Kasich
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCollum
McCurdy
McDermott
McHale
McInnis
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Myers
Nadler
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Poshard
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schumer
Scott
Serrano
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Swett
Swift
Synar
Tanner
Tauzin
Tejeda
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Unsoeld
Valentine
Visclosky
Volkmer
Waters
Watt
Waxman
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--158
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clay
Coble
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dreier
Duncan
Dunn
Ehlers
Emerson
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gingrich
Goodlatte
Goodling
Goss
Grams
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Huffington
Hunter
Hutchinson
Hyde
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Manzullo
McCandless
McCrery
McDade
McHugh
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Murphy
Nussle
Oxley
Packard
Paxon
Petri
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Saxton
Schaefer
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--36
Andrews (TX)
Barlow
Bevill
Brown (CA)
Brown (OH)
Chapman
de la Garza
Derrick
Edwards (CA)
Engel
English
Farr
Foglietta
Ford (TN)
Grandy
Greenwood
Hinchey
Hoyer
Jefferson
Johnston
Kaptur
Machtley
Neal (NC)
Price (NC)
Rush
Santorum
Sharp
Smith (OR)
Stupak
Taylor (MS)
Thompson
Tucker
Velazquez
Vento
Washington
Wheat
So the Journal was approved.
Para. 50.6 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3194. A communication from the President of the United
States, transmitting amendments to the fiscal year 1995
appropriations requests for the Departments of Agriculture,
Commerce, Education, Energy, Housing and Urban Development,
Justice, Labor, Transportation, and the Treasury; the General
Services Administration; the Small Business Administration;
the John F. Kennedy Assassination Records Review Board; and
the Securities and Exchange Commission, pursuant to 31 U.S.C.
1107 (H. Doc. No. 103-257); to the Committee on
Appropriations and ordered to be printed.
3195. A letter from the Comptroller of the Department of
Defense, transmitting a report of a violation of the Anti-
Deficiency Act which occurred in the Department of the Navy,
pursuant to 31 U.S.C. 1517(b); to the Committee on
Appropriations.
3196. A letter from the Comptroller of the Department of
Defense, transmitting a report of a violation of the Anti-
Deficiency Act which occurred in the Department of the Navy,
pursuant to 31 U.S.C. 1517(b); to the Committee on
Appropriations.
3197. A letter from the Department of the Navy,
transmitting notification that the Department intends to
offer for lease four naval vessels to the American Institute
in Taiwan, pursuant to 10 U.S.C. 7307(b)(2); to the Committee
on Armed Services.
3198. A letter from the Chairman, Armed Forces Retirement
Home Board, transmitting a draft of proposed legislation to
amend section 1007 of title 37, United States Code, to
authorize a deduction from the active-duty pay of enlisted
personnel of the Armed Forces in an amount not to exceed $2;
to the Committee on Armed Services.
3199. A letter from the Secretary of Education,
transmitting Final Regulations--Federal Family Education Loan
Program, pursuant to 20 U.S.C. 1232(d)(1); to the Committee
on Education and Labor.
3200. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting copies of the original
report of political contributions by Mary Ann Casey, of
Colorado, Ambassador designate to the Republic of Tunisia,
and members of her family, pursuant to 22 U.S.C. 3944(b)(2);
to the Committee on Foreign Affairs.
3201. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting copies of the original
report of political contributions by Frank G. Wisner, of the
District of Columbia, Ambassador designate to India, and
members of his family, also by Ronald E. Neumann, of
Virginia, Ambassador designate to the Democratic and Popular
Republic of Algeria, and members of his family, pursuant to
22 U.S.C. 3944(b)(2); to the Committee on Foreign Affairs.
3202. A letter from the Chairman, International Trade
Commission, transmitting the semiannual report on the
activities of the inspector general for the period October 1,
1993, through March 31, 1994, pursuant to Public Law 95-452,
section 5(b) (102 Stat. 2526); to the Committee on Government
Operations.
3203. A letter from the Commissioner, Bureau of
Reclamation, Department of the Interior, transmitting a
report on the necessity to construct modifications to Bumping
Lake Dam, Yakima Project, Washington, in order to preserve
its structural safety, pursuant to 43 U.S.C. 509; to the
Committee on Natural Resources.
3204. A letter from the Assistant Attorney General for
Legislative Affairs, Department of Justice, transmitting a
draft of proposed legislation to provide administrative
procedures for the nonjudicial foreclosure of mortgages on
properties to satisfy debts owed to the United States, and
for other purposes; to the Committee on the Judiciary.
3205. A letter from the Secretary of Commerce, transmitting
a draft of proposed legislation to amend the Magnuson Fishery
Conservation and Management Act; to the Committee on Merchant
Marine and Fisheries.
3206. A letter from the Secretary of Health and Human
Services, transmitting the initial estimate of the applicable
percentage increased for fiscal year 1995 that will be
recommended for hospitals subject to the Medicare prospective
payment system [PPS] and for hospitals and units excluded
from PPS, pursuant to section 1886(e)(3)(B) of the Social
Security Act; to the Committee on Ways and Means.
Para. 50.7 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
[[Page 857]]
that the Senate had passed a bill of the following title, in which the
concurrence of the House is requested:
S. 2042. An Act to remove the United States arms embargo of
the Government of Bosnia and Herzegovina.
The message also announced that pursuant to sections 1928a-1928d, of
title 22, United States Code, the Chair, on behalf of the Vice
President, appointed Mr. Specter, Mr. Gregg, and Mr. Bennett, as members
of the Senate delegation to the North Atlantic Assembly Spring Meeting
during the Second Session of the One Hundred Third Congress, to be held
in Oslo, Norway, May 26-31, 1994.
Para. 50.8 communication from the clerk--certificate of election
The SPEAKER laid before the House a communication, which was read as
follows:
Washington, DC,
May 17, 1994.
Hon. Thomas S. Foley,
The Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: I have the honor to transmit herewith a
facsimile copy of the certificate of election from the
Secretary of State, State of Oklahoma, indicating that,
according to the official returns of the Special Election
held on May 10, 1994, the Honorable Frank D. Lucas was
elected to the office of Representative in Congress from the
Sixth Congressional District, State of Oklahoma.
With great respect, I am
Sincerely yours,
Donnald K. Anderson, Clerk,
U.S. House of Representatives.
Office of the Secretary of State, State of Oklahoma, Certificate of
Election for U.S. House of Representatives
This is to certify that on May 10, 1994, Frank D. Lucas,
was duly chosen by the qualified electors of the State of
Oklahoma as United States Representative, District 6, from
the State of Oklahoma to represent said State in the United
States House of Representatives for the term beginning May
10, 1994 and ending January 2, 1995.
Witness: His excellency our Governor David Walters, and our
seal hereto affixed at Oklahoma City, Oklahoma this 16th day
of May, 1994.
By the Governor:
David Walters,
Governor.
Glo Henley
Secretary of State.
official returns district 6, special general election--may 10, 1994
Dan Webber Jr., Democrat of Okarche, 60,411 votes.
Frank D. Lucas, Republican of Cheyenne, 71,354 votes.
The foregoing is a true and correct compilation of the
votes cast at the Special General Election, May 10, 1994, for
the office of United States Representative, District 6.--
Lance Ward, Secretary, State Election Board.
Para. 50.9 member-elect sworn in
Mr. Frank D. LUCAS of the Sixth District of Oklahoma, presented
himself at the bar of the House and took the oath of office prescribed
by law.
Para. 50.10 appointment of additional conferees--h.r. 3355
The SPEAKER pro tempore, Mr. MAZZOLI, by unanimous consent, pursuant
to clause 6(f) of rule X, announced the Speaker's appointment of the
following Members as additional conferees on the part of the House to
the conference with the Senate on the disagreeing votes of the two
Houses on the amendments of the House to the amendment of the Senate to
the bill (H.R. 3355) to amend the Omnibus Crime Control and Safe Streets
Act of 1968 to allow grants to increase police presence, to expand and
improve cooperative efforts between law enforcement agencies and members
of the community to address crime and disorder problems, and otherwise
to enhance public safety:
As additional conferees from the Committee on Agriculture, for
consideration of sections 4601-08, 5105, and 5145 of the Senate
amendment, and modifications committed to conference: Messrs. de la
Garza, Rose, Stenholm, Roberts, and Pombo.
As additional conferees from the Committee on Banking, Finance and
Urban Affairs, for consideration of sections 2201-04, 2301, and 4901-33
of the Senate amendment, and sections 1031(b), 1038, and 1099AA-1099CC
of the House amendment, and modifications committed to conference:
Messrs. Gonzalez, Neal of North Carolina, Vento, Leach, and Mrs.
Roukema.
As additional conferees from the Committee on Education and Labor, for
consideration of sections 631-33, 622(e), 662(f), 811-16, 921-28, 1121-
50, 1331, 2801-03, 3261, 3263, 3311, 3341, 3351, 3361, 3381-83, 3501,
3707, 4001-09, 4301-04, 4701-02, 4801-09, 4901-4933, 5120, 5122, 5135,
5140, 5142-43, and 5147 of the Senate amendment, and sections 1010-26,
1030-34, 1038, 1051-52, 1065-71, 1081-96 1099A-1099G, 1099H-1099O,
1099P-1099T, 1606, 1610, 1653-54, 1902(e), 1902(f), 2201-02, 2701-39,
3061-62, 3089-90, of the House amendment, and modifications committed to
conference: Messrs. Ford of Michigan, Kildee, Martinez, Goodling, and
Ballenger.
As additional conferees from the Committee on Energy and Commerce, for
consideration of sections 1503-04, 1511-23, 1532, 1534-35, 1537,
1902(e), 3101-03, 3261, and 5166 of the Senate amendment, and sections
1010-26, 1041-44, 1606, 2901-03, and 3086 of the House amendment, and
modifications committed to conference: Mr. Dingel, Mr. Waxman, Mrs.
Collins of Illinois, Mr. Moorhead, and Mr. Bliley.
Provided, Mr. Oxley is appointed in lieu of Mr. Bliley solely for the
consideration of sections 1334, 1902(e). and 3101-03 of the Senate
amendment and sections 2901-03 of the House amendment.
Provided, Mr. Stearns is appointed in lieu of Mr. Bliley solely for
the consideration of section 3086 of the House amendment.
As additional conferees from the Committee on Government Operations,
for consideration of sections 1353-54, 1535, and 5150 of the Senate
amendment, and sections 1075-76 of the House amendment, and
modifications committed to conference: Messrs. Waxman, Lantos, Towns,
Clinger, and McCandless.
Provided, Messrs. Spratt and Kyl are appointed in lieu of Messrs.
Waxman and Clinger solely for the consideration of sections 1535 and
5150 of the Senate amendment.
As additional conferees from the Committee on Merchant Marine and
Fisheries, for consideration of sections 713-15, 4601-08, 5105, and
5145 of the Senate amendment, and modifications committed to
conference: Messrs. Studds, Ortiz, Hochbrueckner, Fields of Texas, and
Young of Alaska.
As additional conferees from the Committee on Natural Resources, for
consideration of sections 3232-33, 4601-08, and 5145 of the Senate
amendment and sections 1099U-1099Z of the House amendment, and
modifications committed to conference: Mr. Miller of California, Mr.
Vento, Ms. Shepherd, Mr. Young of Alaska, and Mrs. Vucanovich.
Provided, Ms. English of Arizona is appointed in lieu of Ms. Shepherd
solely for the consideration of sections 4601-08 of the Senate
amendment.
Mr. Hinchey is appointed in lieu of Ms. Shepherd solely for the
consideration of sections 1099U-1099Z of the House amendment.
As additional conferees from the Committee on Post Office and Civil
Service, for consideration of sections 1352 and 3371 of the Senate
amendment, and modifications committed to conference: Messrs. Clay,
McCloskey, Ms. Norton, Mr. Myers of Indiana, and Mrs. Morella.
As additional conferees from the Committee on Rules, for
consideration of sections 1353-54 of the Senate amendment, and
modifications committed to conference: Messrs. Moakley, Derrick,
Beilenson, Solomon, and Goss.
As additional conferees from the Committee on Ways and Means, for
consideration of sections 311(b), 1502, 1515-16, 1802, 4702(e)(1),
5102, and 5113 of the Senate amendment, and modifications committed to
conference: Messrs. Rostenkowski, Gibbons, Pickle, Archer, and Crane.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 50.11 tax simplification and technical corrections
Mr. ROSTENKOWSKI moved to suspend the rules and pass the bill (H.R.
3419) to simplify certain provisions of the Internal Revenue Code of
1986, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. MAZZOLI, recognized Mr. ROSTENKOWSKI and
Mr. ARCHER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MAZZOLI, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
[[Page 858]]
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 50.12 social security administration reform
Mr. ROSTENKOWSKI moved to suspend the rules and pass the bill (H.R.
4277) to establish the Social Security Administration as an independent
agency and to make other improvements in the old-age, survivors, and
disability insurance program; as amended.
The SPEAKER pro tempore, Mr. MAZZOLI, recognized Mr. ROSTENKOWSKI and
Mr. ARCHER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MAZZOLI, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. JACOBS objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. MAZZOLI, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
The point of no quorum was considered as withdrawn.
Para. 50.13 subpoena
The SPEAKER pro tempore, Mr. MAZZOLI, laid before the House a
communication, which was read as follows:
Office of the Director, Non-Legislative and Financial
Services, House of Representatives,
Washington, DC, May 12, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to notify you formally pursuant
to Rule L (50) of the Rules of the House that the Office of
Finance has been served with a subpoena issued by the United
States District Court for the District of Columbia.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoena is
consistent with the privileges and precedents of the House.
Sincerely,
Randall B. Medlock,
Acting Director.
Para. 50.14 subpoena
The SPEAKER pro tempore, Mr. MAZZOLI, laid before the House a
communication, which was read as follows:
Office of the Director, Non-Legislative and Financial
Services, House of Representatives,
Washington, DC, May 16, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to notify you formally pursuant
to Rule L (50) of the Rules of the House that the Office of
Finance has been served with a subpoena issued by the United
States District Court for the District of Columbia.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoena is
consistent with the privileges and precedents of the House.
Sincerely,
Randall B. Medlock,
Acting Director.
Para. 50.15 communication from the clerk--messages from the president
The SPEAKER pro tempore, Mr. MAZZOLI, laid before the House a
communication, which was read as follows:
Office of the Clerk,
House of Representatives,
Washington, DC, May 17, 1994.
Hon. Thomas S. Foley,
The Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, I have the honor to transmit two sealed
envelopes received from the White House as follows:
(1) One sealed envelope received at 2:07 p.m. on Monday,
May 16, 1994 and said to contain a message from the President
wherein he transmits a 6-month periodic report on the
National Emergency with respect to Iran.
(2) One sealed envelope received at 2:07 p.m. on Monday,
May 16, 1994 and said to contain a message from the President
whereby he transmits a report required under the Nuclear Non-
Proliferation Act of 1978.
With great respect, I am
Sincerely yours,
DONNALD K. ANDERSON,
Clerk.
Para. 50.16 national emergency with respect to iran
The Clerk then read the first message from the President, as follows:
To the Congress of the United States:
I hereby report to the Congress on developments since the last
Presidential report on November 10, 1993, concerning the national
emergency with respect to Iran that was declared in Executive Order No.
12170 of November 14, 1979, and matters relating to Executive Order No.
12613 of October 29, 1987. This report is submitted pursuant to section
204(c) of the International Emergency Economic Powers Act, 50 U.S.C.
1703(c), and section 505(c) of the International Security and
Development Cooperation Act of 1985, 22 U.S.C. 2349aa-9(c) This report
covers events through March 31, 1994. My last report, dated November 10,
1993, covered events through September 30, 1993.
1. There have been no amendments to the Iranian Transactions
Regulations, 31 CFR Part 560, or to the Iranian Assets Control
Regulations, 31 CFR Part 535, since the last report.
2. The Office of Foreign Assets Control (FAC) of the Department of the
Treasury continues to process applications for import licenses under the
Iranian Transactions Regulations. However, a substantial majority of
such applications are determined to be ineligible for licensing and,
consequently, are denied.
During the reporting period, the U.S. Customs Service has continued to
effect numerous seizures of Iranian-origin merchandise, primarily
carpets, for violation of the import prohibitions of the Iranian
Transactions Regulations. The FAC and Customs Service investigations of
these violations have resulted in forfeiture actions and the imposition
of civil monetary penalties. Additional forfeiture and civil penalty
actions are under review.
3. The Iran-United States Claims Tribunal (the ``Tribunal''),
established at The Hague pursuant to the Algiers Accords, continues to
make progress in arbitrating the claims before it. Since my last report,
the Tribunal has rendered 4 awards, bringing the total number to 551. Of
this total, 371 have been awards in favor of American claimants. Two
hundred twenty-three of these were awards on agreed terms, authorizing
and approving payment of settlements negotiated by the parties, and 148
were decisions adjudicated on the merits. The Tribunal has issued 37
decisions dismissing claims on the merits and 84 decisions dismissing
claims for jurisdictional reasons. Of the 59 remaining awards, 3
approved the withdrawal of cases and 56 were in favor of Iranian
claimants. As of March 31, 1994, the Federal Reserve Bank of New York
reported the value of awards to successful American claimants from the
Security Account held by the NV Settlement Bank stood at
$2,344,330,685.87.
The Security Account has fallen below the required balance of $500
million almost 50 times. Until October 1992, Iran periodically
replenished the account, as required by the Algiers Accords. This was
accomplished, first, by transfers from the separate account held by the
NV Settlement Bank in which interest on the Security Account is
deposited. The aggregate amount transferred from the Interest Account to
the Security Account was $874,472,986.47. Iran then replenished the
account with the proceeds from the sale of Iranian-origin oil imported
into the United States, pursuant to transactions licensed on a case-by-
case basis by FAC. Iran has not, however, replenished the account since
the last oil sale deposit on October 8, 1992, although the balance fell
below $500 million on November 5, 1992. As of March 31, 1994, the total
amount in the Security Account was $212,049,484.05, the total amount in
the Interest Account was $15,548,176.62.
The United States continues to pursue Case A/28, filed last year, to
require Iran to meet its financial obligations under the Algiers
Accords.
4. The Department of State continues to present other United States
Government claims against Iran, in coordination with concerned
government agencies, and to respond to claims brought against the
United States by Iran. In November 1993, the United States filed its
Consolidated Final Response in A/15(IV) and A/24, a claim brought by
Iran for the alleged failure of the United States to terminate all
litigation against Iran as required by the Algiers
[[Page 859]]
Accord. In December, the United States also filed its Statement of
Defense in A/27, a claim brought by Iran for the alleged failure of the
United States to enforce a Tribunal award in Iran's favor against a
U.S. national. Because of this alleged failure, Iran requested that the
United States Government be required to pay Iran for all the
outstanding awards against U.S. nations in favor of Iran.
5. As reported in November 1992, Jose Maria Ruda, President of the
Tribunal, tendered his resignation on October 2, 1992. On December 4,
1993, Professor Krysztof Skubiszewski was appointed Chairman of Chamber
Two of the Tribunal, filling the vacancy left by Judge Ruda's
departure. On February 16, 1994, Professor Skubiszewski also was
appointed the President of the Tribunal. Before joining the tribunal
Professor Skubiszewski served as Minister of Foreign Affairs in Poland
from 1989 to 1993. He joined the ``Solidarity'' movement there in 1980,
and served on several councils before becoming Minister of Foreign
Affairs. In addition to his political experience, Professor
Skubiszewski has had a long and distinguished academic career in the
field of international law. He is currently on leave from the Institute
of Law, Polish Academy of Sciences in Warsaw, and has lectured at
universities throughout Europe. He is also the author of a number of
international law publications. In announcing the appointment, the
Tribunal's Appointing Authority, Charles M.J.A. Moons, emphasized
Professor Skubiszewski's ``extensive experience in the management of
state affairs and the conduct of international relations,'' in addition
to his ``scholarly renown.''
6. As anticipated by the May 13, 1990, agreement settling the claims
of U.S. nationals for less than $250,000.00, the Foreign Claims
Settlement Commission (FCSC) has continued its review of 3,112 claims.
As of March 31, 1994, the FCSC has issued decisions in 2,538 claims,
for total awards of more than $40 million. The FCSC expects to complete
its adjudication of the remaining claims this year.
7. The situation reviewed above continues to implicate important
diplomatic, financial, and legal interests of the United States and its
nationals and presents an unusual challenge to the national security
and foreign policy of the United States. The Iranian assets Control
Regulations issued pursuant to Executive Order No. 12170 continue to
play an important role in structuring our relationship with Iran and in
enabling the United States to implement properly the Algiers Accords.
Similarly, the Iranian Transactions Regulations issued pursuant to
Executive Order No. 12613 continue to advance important objectives in
combating international terrorism. I shall continue to exercise the
powers at my disposal to deal with these problems and will continue to
report periodically to
the Congress on significant developments.
William J. Clinton.
The White House, May 14, 1994.
By unanimous consent, the message was referred to the Committee on
Foreign Affairs and ordered to be printed (H. Doc. 103-256).
Para. 50.17 nuclear proliferaton
The Clerk then read the second message from the President, as follows:
To The Congress of the United States:
As required under section 601(a) of the Nuclear Non-Proliferation Act
of 1978 (Public Law 95-242; 22 U.S.C. 3281(a)), I am transmitting a
report on the activities of United States Government departments and
agencies relating to the prevention of nuclear proliferation. It covers
activities between January 1, 1993, and December 31, 1993.
William J. Clinton.
The White House, May 16, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Foreign Affairs.
Para. 50.18 montana wilderness
The SPEAKER pro tempore, Mr. MAZZOLI, pursuant to House Resolution 423
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 2473) to designate certain National Forest lands in the
State of Montana as wilderness, to release other National Forest Lands
in the State of Montana for multiple use management, and for other
purposes.
Ms. WOOLSEY, Chairman of the Committee of the Whole, resumed the
chair; and after some time spent therein,
Para. 50.19 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. DeLAY:
On page 34, line 8, strike Section 9 in its entirety.
It was decided in the
Yeas
182
<3-line {>
negative
Nays
244
Para. 50.20 [Roll No. 172]
AYES--182
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Boehner
Bonilla
Browder
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clement
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Gallegly
Gekas
Geren
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lambert
Laughlin
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Lloyd
Lucas
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Mica
Michel
Miller (FL)
Montgomery
Moorhead
Myers
Nussle
Oxley
Packard
Parker
Paxon
Penny
Peterson (MN)
Petri
Pickle
Pombo
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Regula
Reynolds
Ridge
Roberts
Rogers
Rohrabacher
Roth
Royce
Santorum
Sarpalius
Schaefer
Schenk
Schiff
Sensenbrenner
Shaw
Shuster
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Upton
Valentine
Vucanovich
Walker
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
NOES--244
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Costello
Coyne
Darden
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Ehlers
Engel
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallo
Gejdenson
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Inslee
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lancaster
Lantos
LaRocco
Lehman
Levin
Lewis (GA)
Lipinski
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pomeroy
Porter
Poshard
Price (NC)
Rahall
[[Page 860]]
Rangel
Ravenel
Reed
Richardson
Roemer
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Saxton
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Sisisky
Skaggs
Slattery
Slaughter
Smith (IA)
Snowe
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Towns
Traficant
Underwood (GU)
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt
Waxman
Wheat
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Zimmer
NOT VOTING--12
Barlow
de la Garza
English
Ford (TN)
Grandy
Neal (NC)
Romero-Barcelo (PR)
Smith (OR)
Torricelli
Tucker
Washington
Whitten
So the amendment was not agreed to.
After some further time,
Para. 50.21 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. BRYANT:
At the end of the bill, add the following:
SEC. 13. PROHIBITION ON EVEN-AGE MANAGEMENT.
(a) Conservation of Native Biodiversity.--The Secretary
shall conserve native biodiversity to the extent possible in
each stand that is released to multiple use under section
11(b) that is managed or operated for timber purposes,
throughout each forested area, and shall provide for the
conservation or restoration of native biodiversity except
during the extraction stage of authorized mineral development
or during authorized construction projects.
(b) Restriction on Use of Certain Logging Practices.--(1)
In each stand that is released to multiple use under section
11(b) and that is managed or operated for timber purposes
throughout each forested area, the forest plan shall prohibit
any even-age logging and any even-age management after one
year after the date of enactment of this Act.
(2) On each site already under even-age management, the
Secretary shall (A) prescribe a shift to selection management
within one year, or (B) cease managing for timber purposes
and actively restore the native biodiversity, or permit each
site to regain its native biodiversity.
(3) For the purposes of this section:
(A) The term ``native biodiversity'' means the full range
of variety and variability within and among living organisms
and the ecological complexes in which they would have
occurred in the absence of significant human impact, and
encompasses diversity, within a species (genetic), within a
community of species (within-community), between communities
of species (between-communities), within a total area such as
a watershed (total area), along a plane from ground to sky
(vertical), and along the plane of the earth-surface
(horizontal). Vertical and horizontal diversity apply to all
the other aspects of diversity.
(B) The terms ``conserve'' and ``conservation'' refer to
protective measures for maintaining existing native
biological diversity and active measures for restoring
diversity through management efforts, in order to protect,
restore, and enhance as much of the variety of species and
communities as possible in abundances and distributions that
provide for their continued existence and normal functioning,
including the viability of populations throughout their
natural geographic distributions.
(C) The term ``within-community diversity'' means the
distinctive assemblages of species and ecological processes
that occur in different physical settings of the biosphere
and distinct parts of the world.
(D) The term ``genetic diversity'' means the differences in
genetic composition within and among populations of a given
species.
(E) The term ``species diversity'' means the richness and
variety of native species in a particular location of the
world.
(F) The term ``group selection'' means a form of selection
management that emphasizes the periodic removal of trees,
including mature, undesirable, and cull trees in small
groups, where they occur that way, with a result of (i)
creating openings not to exceed in width in any direction the
height of the tallest tree standing within 10 feet of the
edge of the group cut, and (ii) maintaining different age
groups in a given stand. In no event will more than 30
percent of a stand be felled within 30 years.
(G) The term ``stand'' means a forest community with enough
identity by location, topography, or dominant species to be
managed as a unit, not to exceed 100 acres.
(H) The term ``clearcutting'' means the logging of the
commercial trees in a patch or stand in a short period of
time.
(I) The term ``even-age management'' means the growing of
commercial timber so that all trees in a patch or stand are
generally within 10 years of the same age. Except for
designated leave trees, or clumps of trees, the patch or
stand is logged, completely in any acre within a period of 30
years, by clearcutting, salvage logging, seed-tree cutting or
shelterwood cutting, or any system other than selection
management.
(J) The term ``salvage logging'' means the felling or
further damaging, within any 30-year period, of a greater
basal area than 30 square feet per acre of dead, damaged, or
other trees, or any combination of such trees.
(K) The term ``seed-tree cut'' means a logging operation
that leaves one or more seed trees, generally 6 to 10 per
acre.
(L) The term ``selection management'' means the application
of logging and other actions needed to maintain continuous
high forest cover where such cover naturally occurs,
recurring natural regeneration of all native species on the
site, and the orderly growth and development of trees through
a range of diameter or age classes to provide a sustained
yield of forest products. Cutting methods that develop and
maintain selection stands are individual-tree and group
selection. A goal of selection is improvement of quality by
continuously harvesting trees less likely to contribute to
the long-range health of the stand.
(M) The term ``shelterwood cut'' means an even-aged
silvicultural regeneration method under which a minority of
the mature stand is retained as a seed source or protection
during the regeneration period. The standing mature trees,
usually 10 to 20 per acre, are later removed in one or more
cuttings.
(N) The term ``timber purposes'' shall include the use,
sale, lease, or distribution of trees, or the felling of
trees or portions of trees except to create land space for a
structure or other use.
(4) On lands released under section 11(b), no roads shall
be constructed or reconstructed in any roadless area, as
defined in the second United States Department of Agriculture
forest Service Roadless Area Review and Evaluation (RARE II,
1978) or in a land and resource management plan subject to
this section.
It was decided in the
Yeas
142
<3-line {>
negative
Nays
283
Para. 50.22 [Roll No. 173]
AYES--142
Abercrombie
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Baesler
Barca
Barrett (WI)
Becerra
Beilenson
Berman
Blute
Boehlert
Brown (OH)
Bryant
Cardin
Carr
Clayton
Clyburn
Coleman
Collins (MI)
Costello
Coyne
DeLauro
Dellums
Deutsch
Diaz-Balart
Durbin
Edwards (CA)
Ehlers
Engel
Eshoo
Evans
Farr
Fawell
Filner
Fingerhut
Foglietta
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallo
Gejdenson
Gilchrest
Glickman
Gonzalez
Green
Greenwood
Gutierrez
Hamburg
Hilliard
Hinchey
Horn
Jacobs
Jefferson
Johnson (CT)
Johnson, E.B.
Johnston
Kennedy
Kleczka
Klein
Klug
LaFalce
Lancaster
Lantos
Lazio
Lewis (GA)
Lowey
Machtley
Maloney
Mann
Margolies-Mezvinsky
Markey
McCloskey
McKinney
McMillan
McNulty
Meehan
Menendez
Meyers
Miller (FL)
Mineta
Moakley
Moran
Nadler
Neal (MA)
Norton (DC)
Olver
Pallone
Payne (NJ)
Pelosi
Petri
Porter
Poshard
Reed
Reynolds
Richardson
Ros-Lehtinen
Roth
Roukema
Roybal-Allard
Rush
Sanders
Sangmeister
Sawyer
Saxton
Schenk
Schroeder
Schumer
Sensenbrenner
Serrano
Sharp
Shays
Shepherd
Slattery
Slaughter
Smith (NJ)
Stark
Studds
Synar
Thompson
Thornton
Torkildsen
Torres
Torricelli
Valentine
Velazquez
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Williams
Wilson
Woolsey
Wynn
Yates
Young (FL)
Zimmer
NOES--283
Ackerman
Allard
Applegate
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cantwell
Castle
Chapman
Clay
Clement
Clinger
Coble
Collins (GA)
Collins (IL)
Combest
Condit
Conyers
Cooper
Coppersmith
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de Lugo (VI)
Deal
DeFazio
DeLay
Derrick
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
English
Everett
Ewing
Faleomavaega (AS)
Fazio
Fields (LA)
Fields (TX)
Fish
Flake
Ford (MI)
Fowler
Gallegly
Gekas
Gephardt
Geren
Gibbons
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Gordon
Goss
Grams
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Johnson (GA)
[[Page 861]]
Johnson (SD)
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kennelly
Kildee
Kim
King
Kingston
Klink
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
Lambert
LaRocco
Laughlin
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lucas
Manton
Manzullo
Martinez
Matsui
Mazzoli
McCandless
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
Meek
Mfume
Mica
Michel
Miller (CA)
Minge
Mink
Molinari
Mollohan
Montgomery
Moorhead
Morella
Murphy
Murtha
Myers
Nussle
Oberstar
Obey
Ortiz
Orton
Owens
Oxley
Packard
Parker
Pastor
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Portman
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Regula
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Rose
Rostenkowski
Rowland
Royce
Sabo
Santorum
Sarpalius
Schaefer
Schiff
Scott
Shaw
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (IA)
Smith (MI)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stokes
Strickland
Stump
Stupak
Sundquist
Swett
Swift
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thurman
Towns
Traficant
Underwood (GU)
Unsoeld
Upton
Vento
Visclosky
Volkmer
Vucanovich
Walker
Wise
Wolf
Wyden
Young (AK)
Zeliff
NOT VOTING--13
Barlow
Blackwell
Byrne
de la Garza
Emerson
Ford (TN)
Grandy
McCollum
Neal (NC)
Smith (OR)
Tucker
Washington
Whitten
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. McDERMOTT, assumed the Chair.
When Ms. WOOLSEY, Chairman, pursuant to House Resolution 423, reported
the bill back to the House with an amendment adopted by the Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be referred to as ``The Montana Wilderness Act
of 1994''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) Many areas of undeveloped National Forest System lands
in the State of Montana possess outstanding natural
characteristics which give them high value as wilderness and
will, if properly preserved, contribute as an enduring
resource of wild land for the benefit of the American people.
(2) Preserving areas in their natural roadless condition is
a vital component of protecting the biodiversity of lands in
Montana and securing and maintaining habitat for threatened
and endangered species.
(3) The existing Department of Agriculture Land and
Resource Management Plans for Forest System lands in the
State of Montana have identified areas which, on the basis of
their land form, ecosystem, associated wildlife, and location
will help to fulfill the National Forest System's share of a
quality National Wilderness Preservation System.
(4) Review and evaluation of roadless and undeveloped lands
in the National Forest System in Montana have also identified
those areas which should be specially managed, deserve
further study, or which should be available for multiple uses
other than wilderness, subject to the Forest Service's land
management planning process and the provisions of this Act.
(5) Montanans and those interested in Montana's wildlands
have been fully involved in the formulation of this
wilderness proposal. That the wilderness designations
recommended in this legislation have been developed with the
support of Montana wilderness advocates and is therefore the
product of years of negotiations.
(b) Purposes.--The purposes of this Act are to--
(1) designate certain National Forest System lands in the
State of Montana as components of the National Wilderness
Preservation System, in furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), in order to preserve
the wilderness character of the land and the health and
diversity of native populations of fish, wildlife and plants
and to protect watersheds and wildlife habitat, preserve
scenic and historic resources, and promote scientific
research, primitive recreation, solitude, and physical and
mental challenge; and
(2) ensure that certain other National Forest System lands
in the State of Montana will be made available for uses other
than wilderness in accordance with applicable national forest
laws, planning procedures and the provisions of this Act.
SEC. 3. WILDERNESS DESIGNATIONS.
(a) Designation.--In furtherance of the purposes of the
Wilderness Act of 1964, the following lands in the State of
Montana are designated as wilderness and, therefore, as
components of the National Wilderness Preservation System:
(1) Certain lands in the Beaverhead, Bitterroot, and
Deerlodge National Forests, which comprise approximately
31,600 acres, as generally depicted on a map entitled
``Anaconda-Pintler Wilderness Additions--Proposed'' (North
Big Hole, Storm Lake, Upper East Fork), dated March 1994, and
which are hereby incorporated in and shall be deemed to be a
part of the Anaconda-Pintler Wilderness.
(2) Certain lands in the Beaverhead National Forest, which
comprise approximately 33,000 acres, as generally depicted on
a map entitled ``Italian Peaks Wilderness--Proposed'', dated
March 1994, and which shall be known as the Italian Peaks
Unit of the Howard Zahnizer Great Divide Wilderness.
(3) Certain lands in the Beaverhead National Forest, which
comprise approximately 84,920 acres, as generally depicted on
a map entitled ``East Pioneer Wilderness--Proposed'', dated
March 1994, and which shall be known as the East Pioneer
Wilderness.
(4) Certain lands in the Beaverhead National Forest,
Montana, comprising approximately 40,000 acres, as generally
depicted on a map entitled ``West Big Hole Wilderness--
Proposed'', dated March 1994, and which shall be known as the
West Big Hole Unit of the Howard Zahnizer Great Divide
Wilderness.
(5) Certain lands in the Bitterroot, Deerlodge, and Lolo
National Forests, which comprise approximately 76,600 acres,
as generally depicted on a map entitled ``Stony Mountain
Wilderness--Proposed'', dated March 1994, and which shall be
known as the Stony Mountain Wilderness. The provisions of
section 4 of this Act shall not apply to the portion of such
lands within the drainage of the Burnt Fork.
(6) Certain lands in the Bitterroot and Lolo National
Forests, which comprise approximately 55,500 acres, as
generally depicted on maps entitled ``Selway-Bitterroot
Wilderness Additions--Proposed'', dated March 1994, and which
are hereby incorporated in and shall be deemed to be a part
of the Selway-Bitterroot Wilderness.
(7) Certain lands in the Custer National Forest, which
comprise approximately 13,700 acres, as generally depicted on
a map entitled ``Pryor Mountains Wilderness--Proposed'',
dated March 1994, and which shall be known as the Pryor
Mountains Wilderness.
(8) Certain lands in the Custer National Forest, which
comprise approximately 28,000 acres, as generally depicted on
a map entitled ``Custer Absaroka Beartooth Wilderness
Additions--Proposed'' (Burnt Mountain, Timberline Creek,
Stateline, Line Creek Plateau, and Mystic Lake), dated March
1994, and which are hereby incorporated in and shall be
deemed to be a part of the Absaroka Beartooth Wilderness.
(9) Certain lands in the Deerlodge and Helena National
Forests, which comprise approximately 26,800 acres, as
generally depicted on a map entitled ``Blackfoot Meadow-
Electric Peak Wilderness--Proposed'', dated March 1994, and
which shall be known as the Blackfoot Meadow Unit of the
Howard Zahnizer Great Divide Wilderness.
(10) Certain lands in the Flathead and Kootenai National
Forests, which comprise approximately 120,400 acres, as
generally depicted on a map entitled ``North Fork
Wilderness--Proposed (Tuchuck, Thompson-Seton, and Mount
Hefty)'', dated March 1994, and which shall be known as the
North Fork Wilderness.
(11) Certain lands in the Flathead, Helena, Lolo, and Lewis
and Clark National Forests, which comprise approximately
261,440 acres, as generally depicted on maps entitled
``Arnold Bolle Additions to the Bob Marshall Wilderness--
Proposed'' (Silver King-Falls Creek, Renshaw, Clearwater-
Monture, Deep Creek, Teton High Peak, Volcano Reef, Slippery
Bill, Limestone Cave, Choteau Mountain, and Crown Mountain,
Lost Jack, Spotted Bear), dated March 1994, which shall be
known as the Arnold Bolle-Bob Marshall Wilderness Additions
and are incorporated in and shall be deemed to be a part of
the Bob Marshall Wilderness.
(12) Certain lands in the Flathead National Forest, which
comprise approximately 960 acres, as generally depicted on a
map entitled ``Mission Mountains Wilderness Additions--
Proposed'', dated March 1994, and which are hereby
incorporated in and shall be deemed to be a part of the
Mission Mountain Wilderness.
(13) Certain lands in the Flathead and Lolo National
Forests, comprising approximately 175,500 acres, as generally
depicted on maps entitled ``Jewel Basin/Swan Wilderness--
Proposed'', dated March 1994. Those lands contiguous to the
west slope of the Bob Marshall Wilderness referred to in this
paragraph are hereby incorporated in and shall be deemed to
be a part of the Bob Marshall Wilderness, while the remaining
lands shall be known as the Swan Crest Wilderness, the
boundaries of which are depicted on the map referenced in
this paragraph.
(14) Certain lands in the Gallatin National Forest, which
comprise approximately 14,440 acres, as generally depicted on
a map entitled ``Gallatin Absaroka Beartooth Wilderness
Additions--Proposed'' (Dexter Point, Tie Creek and Mt. Rae),
dated March 1994, and which are hereby incorporated in and
shall be deemed to be a part of the Absaroka Beartooth
Wilderness.
[[Page 862]]
(15) Certain lands in the Gallatin and Beaverhead National
Forests, which comprise approximately 20,400 acres, as
generally depicted on a map entitled ``Lee Metcalf Cowboys
Heaven Addition--Proposed'', dated March 1994, and which are
hereby incorporated in and shall be deemed to be a part of
the Lee Metcalf Wilderness.
(16) Certain lands in the Gallatin National Forest, which
comprise approximately 18,300 acres, as generally depicted on
a map entitled ``Earthquake Wilderness--Proposed'', dated
March 1994, and which shall be known as the Earthquake Unit
of the Howard Zahnizer Great Divide Wilderness.
(17) Certain lands in the Helena National Forest, which
comprise approximately 22,900 acres, as generally depicted on
a map entitled ``Camas Creek Wilderness--Proposed'', dated
March 1994, and which shall be known as the Camas Creek
Wilderness.
(18) Certain lands in the Helena National Forest, which
comprise approximately 15,000 acres, as generally depicted on
a map entitled ``Mount Baldy Wilderness--Proposed'', dated
March 1994, and which shall be known as the Mount Baldy
Wilderness.
(19) Certain lands in the Helena National Forest, Montana,
which comprise approximately 10,000 acres, as generally
depicted on a map entitled ``Gates of the Mountains
Wilderness Additions--Proposed'' (Big Log), dated March 1994,
and which are hereby incorporated in and shall be deemed to
be part of the Gates of the Mountain Wilderness.
(20) Certain lands in the Helena National Forest, which
comprise approximately 10,700 acres, as generally depicted on
a map entitled ``Black Mountain Wilderness--Proposed'', dated
March 1994, and which shall be known as the Black Mountain
Unit of the Howard Zahniser Great Divide Wilderness.
(21) Certain lands in the Kootenai National Forest, which
comprise approximately 39,620 acres, as generally depicted on
a map entitled ``Cabinet Mountains Wilderness Additions--
Proposed'', dated March 1994, and which are hereby
incorporated in and shall be deemed to be part of the Cabinet
Mountains Wilderness.
(22) Certain lands in the Kaniksu and Kootenai National
Forest, which comprise approximately 52,000 acres, as
generally depicted on a map entitled ``Scotchman Peaks
Wilderness--Proposed'', dated March 1994, which shall be
known as the Scotchman Peaks Wilderness.
(23) Certain lands in the Kootenai National Forest which
comprise approximately 42,000 acres, as generally depicted on
a map entitled ``Yaak Wilderness--Proposed'' (Roderick
Mountain, Grizzly Peak, Pink Mountain), dated March 1994,
which shall be known as the Yaak Wilderness.
(24) Certain lands in the Kootenai and Lolo National
Forests, which comprise approximately 17,900 acres, as
generally depicted on a map entitled ``Cataract Peak
Wilderness--Proposed'', dated March 1994, which shall be
known as the Cataract Peak Wilderness.
(25) Certain lands in the Lolo National Forest, which
comprise approximately 19,400 acres, as generally depicted on
a map entitled ``Cube Iron/Mount Silcox Wilderness--
Proposed'', dated March 1994, which shall be known as the
Cube Iron/Mount Silcox Wilderness.
(26) Certain lands in the Lolo National Forest, which
comprise approximately 94,700 acres, as generally depicted on
a map entitled ``Great Burn Wilderness--Proposed'', dated
March 1994, which shall be known as the Great Burn
Wilderness.
(27) Certain lands in the Lolo National Forest, which
comprise approximately 60,100 acres, as generally depicted on
a map entitled ``Quigg Peak Wilderness--Proposed'', dated
March 1994, which shall be known as the Quigg Peak
Wilderness.
(28) Certain lands in the Kootenai National Forest, which
comprise approximately 24,600 acres, as generally depicted on
a map entitled ``Trout Creek Wilderness--Proposed'', dated
March 1994, and which shall be known as the Trout Creek
Wilderness.
(29) Certain lands in the Helena National Forest, which
comprise approximately 21,700 acres, as generally depicted on
a map entitled ``Nevada Mountain Wilderness--Proposed'',
dated March 1994, and which shall be known as the Nevada
Mountain Unit of the Howard Zahnizer Great Divide Wilderness.
(30) Certain lands in the Helena National Forest, which
comprise approximately 56,100 acres, as generally depicted on
a map entitled ``Elkhorn Wilderness--Proposed'', dated March
1994, and which shall be known as the Elkhorn Wilderness.
(31) Certain lands in the Gallatin National Forest, which
comprise approximately 500 acres, as generally depicted on a
map entitled ``North Absaroka Wilderness Addition--Proposed
(Republic Mountain)'', dated March 1994, and which are hereby
incorporated in and shall be deemed a part of the North
Absaroka Wilderness.
(32) Certain lands in the Beaverhead National Forest, which
comprises approximately 90,000 acres, as generally depicted
on a map entitled ``Snowcrest Wilderness--Proposed'', dated
March 1994 and shall be known as the Snowcrest Wilderness.
(33) Certain lands in the Beaverhead National Forest, which
comprise approximately 4,700 acres, as generally depicted on
a map entitled ``Mount Jefferson Wilderness--Proposed'',
dated March 1994 and shall be known as the Mount Jefferson
Unit of the Howard Zahnizer Great Divide Wilderness.
(34) Certain lands in the Deerlodge National Forest which
comprise about 30,300 acres, as generally, depicted on a map
entitled ``Flint Creek Wilderness--Proposed'', dated March
1994 and shall be known as the Flint Creek Wilderness.
(35) Certain lands in the Gallatin and Lewis and Clark
National Forests, which comprise approximately 34,800 acres,
as generally depicted on a map entitled ``Crazy Mountain
Wilderness--Proposed'', dated March 1994 and shall be known
as the Crazy Mountain Wilderness.
(36) Certain lands in the Beaverhead and Deerlodge National
Forests, which comprise approximately 19,500 acres, as
generally depicted on a map entitled ``Tobacco Roots
Wilderness--Proposed'', dated March 1994, and shall be known
as the Tobacco Roots Wilderness.
(b) Maps and Descriptions.--(1) The Secretary of
Agriculture (hereinafter referred to as the ``Secretary'')
shall file the maps referred to in this section and legal
descriptions of each wilderness area designated by this
section with the Committee on Energy and Natural Resources of
the United States Senate and the Committee on Natural
Resources of the United States House of Representatives, and
each such map and legal description shall have the same force
and effect as if included in this Act.
(2) The Secretary may correct clerical and typographical
errors in the maps and legal descriptions submitted pursuant
to this section.
(3) Each map and legal description referred to in this
section shall be on file and available for public inspection
in the office of the Chief of the Forest Service, Washington,
D.C. and at the office of the Regional Forester of the
Northern Region.
(c) Administration.--Subject to valid existing rights, each
wilderness area designated by this section shall be
administered by the Secretary of Agriculture in accordance
with the provisions of the Wilderness Act of 1964, except
that, with respect to any area designated in this section,
any reference to the effective date of the Wilderness Act
shall be deemed to be a reference to the date of enactment of
this Act.
(d) Wilderness Area Perimeters.--Congress does not intend
that the designation of wilderness areas in this section will
lead to the creation of protective perimeters or buffer zones
around such areas. The fact that nonwilderness activities or
uses can be seen or heard from areas within a wilderness area
shall not, of itself, preclude such activities or uses up to
the boundary of the wilderness area.
(e) Grazing.--The grazing of livestock, where established
prior to the date of enactment of this Act, in wilderness
areas designated in this section shall be administered in
accordance with section 4(d)(4) of the Wilderness Act of 1964
and section 108 of an Act entitled ``An Act to designate
certain National Forest System Lands in the States of
Colorado, South Dakota, Missouri, South Carolina, and
Louisiana for inclusion in the National Wilderness
Preservation System, and for other purposes'' (94 Stat. 3271;
16 U.S.C. 1133 note).
(f) State Fish and Game Authority.--In accordance with
section 4(d)(7) of the Wilderness Act of 1964, nothing in
this Act shall be construed as affecting the jurisdiction or
responsibilities of the State of Montana with respect to
wildlife and fish in the national forests of Montana.
(g) Hunting.--Nothing in this Act or the Wilderness Act of
1964 shall be construed to prohibit hunting within the
wilderness areas designated in this section.
(h) Collection Devices.--(1) Within the wilderness areas
designated in this section, maintenance and replacement of
essential hydrological, meteorological, or climatological
collection devices and ancillary facilities are permitted,
subject to such conditions as the Secretary deems desirable.
(2) Access to the devices and facilities described in
paragraph (1) shall be by the least intrusive practicable
means available as determined by the Secretary. Access,
installation, and maintenance shall be compatible with the
provisions of the Wilderness Act.
(i) Citizen Involvement.--The wilderness managing agencies
are hereby authorized to use citizen advisory groups, task
forces, and ad hoc committees among the public involvement
techniques employed to assist the agencies in the development
of wilderness management direction.
SEC. 4. WATER.
(a) Findings, Purposes, and Definitions.--(1) The Congress
finds that--
(A) the lands designated as wilderness by this Act are
located at the headwaters of the streams and rivers on those
lands, with no actual or proposed water resource facilities
located upstream from such lands and no opportunities for
diversion, storage, or other uses of water occurring outside
such lands that would adversely affect the wilderness values
of such lands;
(B) the lands designated as wilderness by this Act are not
suitable for use for development of new water resource
facilities, or for the expansion of existing water resource
facilities; and
(C) therefore, it is possible to provide for proper
management and protection of the water-related wilderness
values of such lands in ways different from those utilized in
other legislation designating as wilderness lands not sharing
the attributes of the lands designated as wilderness by this
Act.
(2) The purpose of this section is to protect the water-
related wilderness values of the lands designated as
wilderness by this Act by means other than those based on a
Federal reserved water right.
(3) As used in this section--
(A) the term ``water resource facility'' means irrigation
and pumping facilities, res-
[[Page 863]]
ervoirs, water conservation works, aqueducts, canals,
ditches, pipelines, wells, hydropower projects, and
transmission and other ancillary facilities, and other water
diversion, storage, and carriage structures; and
(B) the term ``historic'', used with reference to rates of
flow, quantities of use, or timing or frequency of use of
water, means the pattern of actual average annual use or
operation of a facility prior to the date of enactment of
this Act.
(b) Restriction on Claims and Clarification of Effect.--(1)
Notwithstanding any other provision of law, no court or
agency shall have any jurisdiction under any Act of Congress
(including the ``McCarran Amendment'', 43 U.S.C. 666) to
consider any claim on behalf of the United States asserted by
the Secretary or by any other person to or for water or water
rights in the State of Montana based on any construction of
any portion of this Act, or the designation of any lands as
wilderness by this Act, as constituting an express or implied
reservation of water or water rights.
(2)(A) Nothing in this Act shall be construed as a
creation, recognition, disclaimer, relinquishment, or
reduction of any water rights of the United States in the
State of Montana existing before the date of enactment of
this Act.
(B) Nothing in this Act shall be construed as constituting
an interpretation of any other Act or any designation made by
or pursuant thereto.
(C) Nothing in this Act shall be construed as establishing
a precedent with regard to any future wilderness
designations.
(c) Prohibition of New or Expanded Projects.--(1)
Notwithstanding any other provision of law, on and after the
date of enactment of this Act neither the President nor any
other officer, employee, or agent of the United States shall
fund, assist, authorize, or issue a license or permit for, or
exempt from licensing or permitting--
(A) the development of any new water resource facility
within the lands designated as wilderness or for wilderness
study by this Act; or
(B) the enlargement of a water resource facility or the
expansion of the historic rate of diversion, quantity of use,
or timing or frequency of use of a water resource facility
that is located within or that would adversely affect the
wilderness values of lands designated as wilderness or for
wilderness study by this Act.
(2) Except as provided in subsection (d) of this section,
nothing in this Act shall be construed to affect or limit
operation, maintenance, repair, modification, or replacement
without enlargement of water resource facilities in existence
on the date of enactment of this Act located within the
boundaries of the lands designated as wilderness or for
wilderness study by this Act.
(d) Access and Operation.--(1) Subject to the provisions of
this subsection, the Secretary shall allow reasonable access
to water resource facilities in existence on the date of
enactment of this Act located within lands designated as
wilderness or for wilderness study by this Act, including
motorized access where necessary and customarily employed on
routes existing as of the date of enactment of this Act.
(2) Subject to the provisions of this subsection, the
Secretary, to the extent required for the continued exercise
of any valid water rights associated with such facilities,
shall allow the present diversion, carriage, and storage
capacity of water resource facilities existing on the date of
enactment of this Act located within lands designated as
wilderness or for wilderness study by this Act, and access
routes to such facilities existing and customarily employed
as of such date, to be operated, maintained, repaired, and
replaced as necessary to maintain the present function,
design, and serviceable operation of such facilities and
routes, so long as such activities have no greater adverse
impacts on wilderness values than as of the date of enactment
of this Act.
(3) Water resource facilities, and access routes serving
such facilities, existing on the date of enactment of this
Act shall be maintained and repaired when and to the extent
necessary to prevent increased adverse impacts on wilderness
values.
(4) There shall be no enlargement in the historic rate of
diversion, quantity of use, or timing or frequency of use of
water resource facilities existing on the date of enactment
of this Act located within lands designated as wilderness or
for wilderness study by this Act.
(e) Monitoring and Implementation.--(1) The Secretary of
Agriculture shall monitor the operation of and access to
water resource facilities within the boundaries of the lands
designated as wilderness and for wilderness study by this
Act, and shall take all steps that the Secretary finds
necessary or desirable in order to further the protection of
the resources and values of such lands and to implement the
provisions of this section, including, to the extent
consistent with this Act, the utilization of any procedures
available under Federal or State law, including laws of the
State of Montana concerning either the utilization of water
or the establishment, adjudication, and administration of
water rights.
(2) In implementing subsection (d)(3), the Secretary may
require the owners of water resource facilities or parties
entitled to use access routes to perform necessary
maintenance or repairs, and may require the relocation or
removal of such facilities or such routes if such necessary
maintenance or repairs are not performed or not feasible or
such facilities or routes are no longer in use.
(f) Application to Other Areas.--Solely for purposes of
implementation of subsections (c), (d), and (e) of this
section, lands in Montana which as of the date of enactment
of this Act are managed as wilderness study areas pursuant to
Public Law 95-150 shall be deemed to have been designated for
wilderness study by this Act, and such lands shall be managed
pursuant to the provisions of such subsections in addition to
other applicable provisions of law.
SEC. 5. SPECIAL MANAGEMENT AREAS.
(a) Designations.--For the purposes of conserving,
protecting and enhancing the exceptional scenic, fish and
wildlife, biological, educational and recreational values of
certain National Forest System lands in the State of Montana,
the following designations are made:
(1) The Mount Helena National Education and Recreation Area
located in the Helena National Forest, comprising
approximately 5,220 acres, as generally depicted on a map
entitled ``Mount Helena National Education and Recreation
Area--Proposed'', dated March 1994.
(2) The Hyalite National Education and Recreation Area
located in the Gallatin National Forest, comprising
approximately 18,900 acres, as generally depicted on a map
entitled ``Hyalite National Education and Recreation Area--
Proposed'', dated March 1994.
(3) The Northwest Peak National Recreation Area located in
the Kaniksu and Kootenai National Forests, comprising
approximately 16,700 acres, as generally depicted on a map
entitled ``Northwest Peak National Recreation and Scenic
Area--Proposed'', dated March 1994.
(4) The Buckhorn Ridge National Recreation Area located in
the Kaniksu and Kootenai National Forests, comprising
approximately 22,600 acres, as generally depicted on a map
entitled ``Buckhorn Ridge National Recreation Area--
Proposed'', dated March 1994.
(5) The West Big Hole National Recreation Area located in
the Beaverhead National Forest, comprising approximately
90,000 acres, as generally depicted on a map entitled ``West
Big Hole National Recreation Area--Proposed'', dated March
1994, and which shall be known as the West Big Hole National
Recreation Area.
(6) The LeBeau Natural Area located on the Kootenai and
Flathead National Forests comprising approximately 5,350
acres, as generally depicted on a map entitled ``LeBeau
Natural Area--Proposed'', dated March 1994.
(7) The Ross Creek Cedars Natural Area located on the
Kootenai National Forest comprising approximately 700 acres,
as generally depicted on a map entitled ``Ross Creek Cedars
Natural Area--Proposed'', dated March 1994.
(8) The McIntire Natural Area located on the Kootenai
National Forest comprising approximately 75,000 acres, as
generally depicted on a map entitled ``McIntire Natural
Area--Proposed'', dated March 1994.
(b) Maps and Boundary Descriptions.--The Secretary shall
file a map and boundary description for each area referred to
in this section with the Committee on Energy and Natural
Resources, United States Senate, and the Committee on Natural
Resources, United States House of Representatives, and each
such map and boundary description shall have the same force
and effect as if included in this Act: Provided, That the
Secretary may correct clerical and typographical errors in
such maps and boundary descriptions. Each such map and
boundary description shall be on file and available for
public inspection in the office of the Chief of the Forest
Service and the office of the Regional Forester of the
Northern Region.
(c) Management.--(1) Except as otherwise may be provided in
this subsection, the Secretary shall administer the areas
designated in subsection (a) so as to achieve the purposes of
their designation and in accordance with the laws and
regulations applicable to the National Forest System.
(2) Subject to valid existing rights, all federally owned
lands within the areas designated in subsection (a) are
hereby withdrawn from all forms of entry, appropriation and
disposal under the mining and public land laws, and
disposition under the geothermal and mineral leasing laws.
(3) Commercial timber harvesting is prohibited in the areas
designated by this section with the following exceptions:
(A) Nothing in this Act shall preclude such measures which
the Secretary, in his discretion, deems necessary in the
event of fire, or infestation of insects or disease.
(B) Fuel wood, post and pole gathering may be permitted.
(C) Commercial timber harvesting may be permitted in the
Hyalite National Recreation and Education Area and the
McIntire Natural Area, but must be compatible with the
purposes of its designation.
(4) Where the Secretary determines that such use is
compatible with the purposes for which an area is designated,
the use of motorized equipment may be permitted in the areas
subject to applicable law and applicable land and resource
management plans.
(5) The grazing of livestock, where established prior to
the date of enactment of this Act may be permitted to
continue subject to applicable law and regulations of the
Secretary.
(d) National Education and Recreation Areas and Natural
Areas.--(1) The Secretary shall manage the Mount Helena and
Hyalite National Education and Recreation
[[Page 864]]
Areas with a focus on education. All management activities
shall be conducted in a manner that provides the public with
an opportunity to become better informed about natural
resource protection and management.
(2) The Secretary shall manage the LeBeau, McIntire and
Ross Creek Cedars Natural Areas for the enhancement of
biodiversity and scientific study. These forests' unique
natural qualities are to be the focus of the area's
management.
(e) Land and Resource Management Plans.--(1) Those areas
established pursuant to subsection (a) shall be administered
as components of the national forests wherein they are
located. Land and resource management plans for the affected
national forests prepared in accordance with the Forest and
Rangeland Renewable Resources Planning Act, as amended by the
National Forest Management Act, shall be amended to be
consistent with the purposes for which the areas are
designated. The provisions of the national forest land and
resource management plan, relating to each area designated by
this section, shall also be available to the public in a
document separate from the rest of the forest plan.
(2) The Secretary shall manage the McIntire Natural Area
with the goal of managing the Area to develop and test new
management approaches that achieve ecological health.
Management activities should be focused on improving water
quality, riparian area condition, and stream channel
stability. The emphasis will be on testing and evaluating
ecosystem management approaches. Timber harvest activities
that minimize soil effects and impacts to residual vegetation
may be allowed. Silvicultural prescriptions will emphasize
structural and vegetative diversity within stands, as
distinguished from even-age management prescriptions as a
usual treatment. Development of late-successional forests
will be emphasized on portions of the Natural Area.
SEC. 6. WILDERNESS STUDY AREAS.
(a) Designation.--The following areas are hereby designated
as wilderness study areas and shall be managed in accordance
with the provisions of this section:
(1) Certain lands on the Gallatin National Forest,
comprising approximately 21,500 acres, as generally depicted
on a map entitled ``Sawtooth Mountain Wilderness Study Area--
Proposed'', dated September 1992.
(2) Certain lands in the Lolo National Forest which
comprise approximately 22,000 acres, as generally depicted on
a map entitled ``Sheep Mountain Wilderness Study Area--
Proposed'', dated November 1991.
(3) Certain lands in the Lewis and Clark and Gallatin
National Forests, which comprise approximately 111,700 acres,
as generally depicted on a map entitled ``Crazy Mountain
Wilderness Study Area--Proposed'', dated October 1992. The
Forest Service shall complete a study of public and private
land consolidation alternatives for this area which shall be
submitted to the appropriate committees of Congress 2 years
after the date of the enactment of this Act.
(4) Certain lands in the Gallatin National Forest, which
comprise approximately 4,500 acres, as generally depicted on
a map entitled ``South Cottonwood Wilderness Study Area--
Proposed,'' dated September, 1992, and shall be managed as
part of the Gallatin Wilderness Study Area in accordance with
Public Law 95-150.
(5) Certain lands in the Lewis and Clark National Forest
which comprise approximately 94,000 acres, as generally
depicted on a map entitled ``Tenderfoot-Deep Creek
Wilderness--Proposed'', dated March 1994.
(b) Report.--When the forest plans are revised, the
Secretary shall submit a report to the Committee on Energy
and Natural Resources of the United States Senate and the
Committee on Natural Resources of the United States House of
Representatives containing recommendations as to whether the
areas designated in subsection (a) should be added as
components of the National Wilderness Preservation System.
(c) Management.--Subject to valid existing rights, the
wilderness study areas designated in subsection (a) shall be
managed to protect their suitability for inclusion in the
National Wilderness Preservation System.
(d) Maps.--The Secretary shall file a map and boundary
description for each area referred to in this section with
the Committee on Natural Resources, United States House of
Representatives, and the Committee on Energy and Natural
Resources, United States Senate, and each such map and
boundary description shall have the same force and effect as
if included in this Act: Provided, That correction of
clerical and typographical errors in these maps may be made.
Each map and boundary description shall be on file and
available for public inspection in the office of the Chief of
the Forest Service and the Regional Forester of the Northern
Region.
SEC. 7. BADGER-TWO MEDICINE AREA.
(a) Withdrawal.--(1) Subject to valid existing rights
including rights held by the Blackfeet Nation under existing
treaties and statute, all federally owned lands as depicted
on a map entitled ``Badger-Two Medicine Area'', dated
September 1991, comprising approximately 116,600 acres, are
withdrawn from all forms of entry, appropriation, and
disposal under the mining and public land laws and from
disposition under the geothermal and mineral leasing laws.
Until otherwise directed by Congress, the Secretary shall
manage this area so as to protect its wilderness qualities.
(2) Nothing in this section shall preclude the gathering of
timber by the Blackfeet Nation in exercise of and consistent
with valid treaty rights within the Badger-Two Medicine Area.
(3)(A) With respect to oil and gas leases on Federal lands
within the Badger-Two Medicine Area, no surface disturbance
shall be permitted pursuant to such leases until Congress
determines otherwise.
(B) Notwithstanding any other law, the term of any oil and
gas lease subject to the limitations imposed by this section
shall be extended for a period of time equal to the term that
such limitation remains in effect.
(b) Review.--The Secretary shall conduct a review of the
area referred to in subsection (a) as to its availability for
inclusion in the National Wilderness Preservation System and
in accordance with the provisions of this subsection. Not
later than 5 years after the date of enactment of this Act,
the Secretary shall report to Congress. In conducting this
review:
(1) The Secretary shall establish a committee composed of 2
representatives from the Blackfeet Nation, as well as one
representative from the National Park Service, one
representative from the Forest Service, and representatives
of various concerned user groups, including proportional
representation for environmental groups, industry groups and
other interested parties. The Committee shall not exceed
eleven members. The Blackfeet Tribal Business Council shall
choose the 2 Tribal representatives. The Blackfeet Tribal
Business Council shall conduct a public meeting to receive
recommendations of the community regarding the selection of
these members. The committee shall regularly advise the
Secretary during the preparation of the report required in
this subsection and submit its findings to Congress
concurrently with those of the Secretary.
(2) Special consideration shall be given to the religious,
wilderness and wildlife uses of the area, taking into account
any treaties the United States has entered into with the
Blackfeet Nation.
(3) In consultation with the committee, the Secretary shall
establish a process to provide information to the Blackfeet
Nation and interested public about options for future
designation of the Badger-Two Medicine Area.
(c) Rights.--Nothing in this section shall be construed to
diminish, prejudice, add to, or otherwise affect the treaty
rights of the Blackfeet Nation or the rights of the United
States.
(d) Map and Boundary Description.--(1) The Secretary shall
file a map and boundary description of the area designated by
this section with the Committee on Energy and Natural
Resources, United States Senate and Committee on Natural
Resources of the United States House of Representatives and
such map and boundary description shall have the same force
and effect as if included in this Act.
(2) The Secretary may correct clerical and typographical
errors in the map and boundary description submitted pursuant
to this section.
(3) The map and boundary description referred to in this
section shall be on file and available for public inspection
in the office of the Chief of the Forest Service and the
office of the Regional Forester of the Northern Region.
SEC. 8. LANDS ADMINISTERED BY BUREAU OF LAND MANAGEMENT.
(a) Findings.--The Congress has reviewed the suitability of
a portion of the Axolotl Lakes Wilderness Study Area (MT-076-
069, BLM Wilderness Study Number) as generally depicted on a
map entitled ``Released portion of Axolotl Lakes WSA'', dated
September 1992, for wilderness designation and finds that
this portion has been sufficiently studied for wilderness
pursuant to section 603 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782).
(b) Direction.--The area described in subsection (a) shall
no longer be subject to the requirement of section 603(c) of
the Federal Land Policy and Management Act of 1976 pertaining
to management in a manner that does not impair suitability
for preservation as wilderness.
(c) Administrative Jurisdiction.--Those lands designated as
wilderness pursuant to section 3(a) of this Act, which, as of
the date of enactment of this Act, are administered by the
Secretary of the Interior as public lands (as defined in the
Federal Land Policy and Management Act of 1976), are hereby
transferred to the jurisdiction of the Secretary of
Agriculture, and shall be added to and managed as part of the
National Forest System, and the boundaries of the adjacent
National Forests are hereby modified to include such lands.
(d) Land and Water Conservation Fund.--For purposes of
section 7 of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 4601-9), the boundaries of affected National
Forests, as modified by this section, shall be considered to
be the boundaries of such National Forests as if they were
the boundaries of the National Forests as of January 1, 1965.
Money appropriated from the Land and Water Conservation Fund
shall be available for the acquisition of lands, waters, and
interests therein in furtherance of the purposes of this Act.
SEC. 9. MONTANA ECOSYSTEM AND ECONOMICS STUDY.
(a) Definitions.--For the purposes of this section:
(1) The term ``ecosystem'' means a dynamic complex of
plant, animal and microorganism communities and their
nonliving
[[Page 865]]
environment interacting as a functional unit.
(2) The term ``Northern Rockies'' means Federal lands and
resources in the State of Montana.
(3) The term ``Panel'' means the independent scientific
panel for the study of the Northern Rockies ecosystem
established under subsection (b).
(b) Independent Scientific Panel for the Study of the
Northern Rockies Ecosystem.--
(1) Establishment.--The President shall establish an
independent scientific panel for the study of the Northern
Rockies. The Panel shall conduct the study and submit the
reports and recommendations required by subsection (c).
(2) Membership.--(A) The Panel established under this
subsection shall be composed of 11 members, appointed by the
President, from a list of candidates to be developed and
submitted to the President by the National Academy of
Sciences and lists from well-established professional
societies with an interest in the environmental sciences.
(B) Each member of the Panel shall be a recognized expert
in the field for which the member is considered for
appointment and shall be free of economic conflict of
interest with regard to the subject of this section. Each
member also shall have research experience in the Northern
Rockies region or otherwise be familiar with the issues and
ecology of the region. As a whole, membership of the Panel
shall represent an appropriately broad diversity of
disciplines, and members shall have recognized experience in
natural sciences, economics, and administrative policy.
(C) The list of candidates provided by the National Academy
of Sciences shall consist of at least twice as many nominees
as positions available in each category specified in this
section.
(D) The Panel shall work cooperatively with all relevant
State and Federal agencies, university research stations and
departments, and Indian tribes.
(E) The Panel may establish, at its discretion, such
subregional review teams and working groups as it deems
necessary to complete its tasks in a timely and professional
manner.
(3) Pay and expenses.--(A) Except as provided in
subparagraph (B), members of the Panel established under this
subsection shall each be paid at a rate not to exceed, and
consistent with, the rate paid to employees of the United
States performing similar duties and with similar
qualifications for each day (including travel time) during
which they are engaged in the actual performance of duties
vested in the Panel. While away from their homes or regular
places of business in the performance of services for the
Panel, members of the Panel shall be allowed travel expenses,
including per diem in lieu of subsistence, in the same manner
as persons employed intermittently in Government service are
allowed expenses under section 5703 of title 5, United States
Code.
(B) Other than reimbursement of expenses pursuant to
subparagraph (A), members of the Panel who are full-time
officers or employees of the United States shall receive no
additional pay, allowances, or benefits by reason of their
service on the Panel.
(4) Chairperson.--The Chairperson of the Panel shall be
appointed by the President.
(5) Agency assistance.--Upon request of the Panel, the head
of any Federal agency shall provide facilities, equipment,
personnel, and other types of support to the Panel to assist
the Panel in carrying out its duties under this Act.
(6) Termination.--The Panel shall terminate 30 days after
the submission of the final report under subsection (c).
(c) Study of Ecosystems Management of the Northern
Rockies.--
(1) Study.--(A) The Panel shall define the boundaries of,
and map, the ecosystems of the Northern Rockies, including
any corridors the Panel deems necessary to connect isolated
ecosystems. In making the determination of ecosystem
boundaries, the Panel shall consider--
(i) restoration and maintenance of natural biological
diversity;
(ii) productivity on a long-term, sustainable basis of
essential natural ecological elements, functions, and
successional processes;
(iii) preservation of the integrity of genetic stocks of
native communities of plants and animals, with an emphasis on
areas of high species richness and endemism;
(iv) restoration or maintenance or protection of high water
quality instream flows and watersheds (or riparian areas)
sufficient to protect fish and wildlife;
(v) maintaining biological connectivity between and among
physiographic provinces; and
(vi) maintenance of long-term, sustainable outputs of
economically valuable natural resources.
(B)(i) The Panel shall define the essential management
purpose and biological function and desired condition of the
ecosystems defined under subparagraph (A). In conjunction
with carrying out subparagraph (A), the Panel shall assess
the ecological status and trends, including, where
appropriate, levels of risks associated with applicable
management alternatives of water quality, riparian areas, and
fisheries; uncommon, rare, threatened, and endangered
species; rangelands; soils; and late successional old growth
forest.
(ii) The Panel shall analyze the timber quantity, quality,
and growth on the existing timber base as well as the success
of reforestation in the region to date, probable rates of
reforestation success in the future, and their effect on
timber supply and related issues.
(C) The Panel shall gather and display in a useful form
biological data from each of the ecosystems defined under
subparagraph (A).
(D) The Panel shall identify gaps in important research
areas and contract for or otherwise obtain research necessary
in the short term to accomplish the duties of the Panel under
this section.
(E) The Panel shall analyze Federal land ownership patterns
and associated Federal land management mandates and practices
within the ecosystems identified in subparagraph (A) and
identify those mandates and practices which are inconsistent
or incompatible with ecosystem management levels of risk
identified under subparagraph (B).
(F) The Panel shall identify opportunities to encourage
sustainable economic use of the natural resources of the
ecosystems identified by the Panel and the sustainable
economic outputs identified in subparagraph (A)(vi), in a
manner consistent with the goals and purposes of those
ecosystems. Special emphasis shall be placed on the
identification of opportunities for the maintenance and
growth of small businesses and the establishment of new small
businesses consistent with the goals and purposes of those
ecosystems. In making these recommendations, the Panel should
consider opportunities to improve environmental conditions
that could permit an expansion of the sustainable
contribution of commodity and noncommodity uses and outputs
of natural resources, including but not limited to each of
the following:
(i) Increasing desirable natural vegetative growth through
reforestation with native species, thinning and other timber
stand modifications, prescribed burning, and seeding or
planting native grasses, forbs, and shrubs.
(ii) Improving the quality of other biological resources
(such as species diversity and animal populations) through
habitat restoration, extended timber rotations, alternative
timber harvesting and bidding systems, and different
standards and methods for road construction, maintenance,
closure, and eradication.
(iii) Enhancing the quality of non-biological resources
(such as recreation trails and developments, watersheds and
streams), through site restoration and rehabilitation, demand
management (such as user regulation and enforcement,
marketing to shift timing and location of uses) and
investment in recreational use.
(2) Recommendations.--The Panel shall submit
recommendations on each of the following:
(A) Specific, implementable steps for management of the
ecosystems defined under paragraph (1)(A), including removal
of inconsistent or incompatible mandates and practices
identified under paragraph (1)(E).
(B) Ways to better monitor the resources within the
ecosystems.
(C) Ways to create or improve direct cooperation between
scientists both within and without the Federal Government and
Federal land managers.
(D) Methods, including incentives by which State and
private landowners might cooperatively manage their lands in
a manner compatible with Federal lands located within the
ecosystems.
(E) Other institutional or legislative changes the Panel
determines will promote sound ecosystem management.
(3) Reports.--(A) Not later than 6 months after the date of
enactment of this Act, the Panel shall submit an interim
report to the President and the Congress. The report shall
discuss the progress of the Panel in carrying out this
section and shall include--
(i) a description of any ecosystems defined and mapped
under paragraph (1)(A) and (B);
(ii) summaries of the biological data gathered to date
under paragraph (1)(C); and
(iii) the additional research obtained under paragraph
(1)(D).
(B) Not later than 30 months after the date of enactment of
this Act, the Panel shall submit a final report to the
President and the Congress which contains a description of
its activities under this section and includes the findings,
analyses, and recommendations made under this section.
(C) The reports submitted to the Congress under this
paragraph shall be submitted to the Committee on Natural
Resources and the Committee on Merchant Marine and Fisheries
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate.
(d) Panel Activities on Private and Other Non-Federal
Lands.--
(1) Compliance with state laws.--The Panel shall comply
with applicable State and tribal government laws, including
laws relating to private property rights and privacy.
(2) Consent and notice requirements.--
(A) In general.--The Panel shall not enter non-Federal real
property for the purpose of collecting information regarding
the property, unless the owner of the property has--
(i) consented in writing to that entry;
(ii) after providing that consent, been provided notice of
that entry; and
(iii) been notified that any raw data collected from the
property must be made available at no cost, if requested by
the land owner.
(B) Limitation.--Subparagraph (A) does not prohibit entry
of property for the purpose of obtaining consent or providing
notice as required by that subparagraph.
(3) Report to congress.--On January 1, 1996, the Panel
shall submit a report to the
[[Page 866]]
Congress. The report shall identify all activities of the
Panel on non-Federal lands and shall certify compliance with
paragraph (2)(A).
(4) Policy on access to private and non-federal lands.--
Within 6 months after the date of the enactment of this Act,
the Panel shall develop and submit to the Congress a policy
for employees and agents of the Panel to follow in order to
help ensure compliance with paragraph (2)(A).
(5) Panel defined.--In this subsection, the term ``Panel''
includes any person that is an officer, employee, or agent of
the Panel, including any such person acting pursuant to a
contract or cooperative agreement with or any grant from the
Panel.
SEC. 10. MISCELLANEOUS PROVISIONS.
(a) Redesignation.--(1) Those lands comprising the
Rattlesnake National Recreation Area and Wilderness, as
designated in Public Law 96-476 are hereby redesignated as
the ``Rattlesnake National Education and Recreation Area and
Wilderness''.
(2) Those lands comprising 200 acres, as generally depicted
on a map entitled ``West Pioneers Study Deletion--Proposed'',
are hereby released from study under Public Law 95-150.
(b) Withdrawal.--(1) Those lands comprising approximately
27,000 acres, as generally depicted on a map entitled
``Gibson Reservoir Mineral Withdrawal Area--Proposed'', dated
October 1992, are hereby withdrawn from all forms of entry,
appropriation and disposal under the mining and public land
laws, and disposition under the geothermal and mineral
leasing laws.
(2) The Secretary shall file a map and boundary description
of the area designated by this subsection with the committees
identified in this subsection and such map and boundary
description shall have the same force and effect as if
included in this Act.
(3) The Secretary may correct clerical and typographical
errors in the map and boundary description submitted pursuant
to this subsection.
(4) The map and boundary description referred to in this
subsection shall be on file and available for public
inspection in the office of the Chief of the Forest Service
and the office of the Regional Forester of the Northern
Region.
(c) Acreages.--All acreages cited in this Act are
approximate and in the event of discrepancies between cited
acreage and the lands depicted on referenced maps, the maps
shall control.
(d) Access.--It is the policy of Congress that the Forest
Service affirm or acquire and maintain reasonable public
access to National Forest System lands in the State of
Montana.
(e) Scapegoat and Great Bear Wilderness Names.--In order to
consolidate existing contiguous wilderness areas, those lands
comprising the Great Bear Wilderness Area designated by
Public Law 95-946 and any amendments thereto and the
Scapegoat Wilderness Area designated by Public Law 92-395 and
any amendments thereto are hereby incorporated in and deemed
to be a part of the Bob Marshall Wilderness. The designations
of the Great Bear Wilderness and Scapegoat Wilderness shall
refer to units within the Bob Marshall Wilderness.
SEC. 11. WILDERNESS REVIEW.
(a) Findings.--The Congress finds that--
(1) the Department of Agriculture has studied the
suitability of roadless areas for inclusion in the National
Wilderness Preservation System; and
(2) the Congress has made its own review and examination of
National Forest System roadless areas in the State of Montana
and the environmental impacts associated with nonwilderness
management of such areas.
(b) Release.--Those National Forest System lands in the
State of Montana which were not designated as wilderness,
special management, national recreation, or wilderness study
areas by this Act or Public Law 95-150 shall be managed for
multiple use in accordance with land and resource management
plans developed pursuant to section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974, as
amended by the National Forest Management Act of 1976, and
other applicable law, and those areas need not be managed for
the purpose of protecting their suitability for wilderness
designation prior to or during revision of land and resource
management plans.
(c) Plan Revisions.--In the event that revised land
management plans in the State of Montana are implemented
pursuant to section 6 of the Forest and Rangeland Renewable
Resources Planning Act of 1974, as amended by the National
Forest Management Act of 1976, and other applicable law,
areas not recommended for wilderness designation, need not be
managed for the purpose of protecting their suitability for
wilderness designation prior to or during revision of such
plans, and areas recommended for wilderness designation shall
be managed for the purpose of protecting their suitability
for wilderness designation.
(d) Further Review.--Unless expressly authorized by
Congress, the Department of Agriculture shall not conduct any
further statewide roadless area review and evaluation of
National Forest System lands in the State of Montana for the
purpose of determining their suitability for inclusion in the
National Wilderness Preservation System.
(e) Previous Plans.--Except as specifically provided in
section 3, 5, 6, and 7 of this Act and in Public Law 95-150,
with respect to the National Forest System lands in the State
of Montana which were reviewed by the Department of
Agriculture under Public Law 94-557, the unit plans that were
in effect prior to completion of RARE II, the 1978 Forest
Plan for the Beaverhead National Forest, that such reviews
shall be deemed an adequate consideration of the suitability
of such lands for inclusion in the National Wilderness
Preservation System, and the Department of Agriculture shall
not be required to review the wilderness option prior to the
revision of the land and resource management plans.
(f) Revisions.--As used in this section, and as provided in
section 6 of the Forest and Rangeland Renewable Resources
Planning Act, as amended by the National Foreign Management
Act, the term ``revision'' shall not include an amendment to
a land and resource management plan.
(g) Size.--The provisions of this section also shall apply
to those National Forest System roadless lands in the State
of Montana which are less than 5,000 acres in size.
SEC. 12. COMPLIANCE WITH BUY AMERICAN ACT.
None of the funds made available in this Act may be
expended in violation of sections 2 through 4 of the Act of
March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the
``Buy American Act''), which are applicable to those funds.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this Act.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. McDERMOTT, announced that the yeas had
it.
Mr. HANSEN demanded a recorded vote on passage of said bill which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
308
<3-line {>
affirmative
Nays
111
Para. 50.23 [Roll No. 174]
AYES--308
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barrett (WI)
Becerra
Beilenson
Bentley
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Cunningham
Danner
Darden
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Ewing
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallo
Gejdenson
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Gordon
Goss
Green
Greenwood
Gutierrez
Hall (OH)
Hamilton
Harman
Hastert
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoke
Holden
Horn
Houghton
Hoyer
Hughes
Hutto
Inglis
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kingston
Kleczka
Klein
Klink
Klug
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Martinez
Matsui
Mazzoli
McCloskey
McCrery
McCurdy
McDade
McDermott
McHale
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Porter
Portman
Poshard
Price (NC)
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roemer
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Saxton
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
[[Page 867]]
Smith (TX)
Snowe
Spence
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Young (FL)
Zimmer
NOES--111
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bereuter
Bliley
Blute
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Everett
Fields (TX)
Gekas
Geren
Goodlatte
Goodling
Grams
Gunderson
Hall (TX)
Hamburg
Hancock
Hansen
Hefley
Herger
Hoekstra
Huffington
Hunter
Hutchinson
Hyde
Inhofe
Istook
Johnson, Sam
Kasich
Kim
King
Knollenberg
Kolbe
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCandless
McCollum
McHugh
McInnis
McKeon
Michel
Moorhead
Myers
Nussle
Orton
Oxley
Packard
Paxon
Petri
Pombo
Pryce (OH)
Quillen
Roberts
Rohrabacher
Roth
Royce
Santorum
Schaefer
Schiff
Sensenbrenner
Shaw
Shuster
Skeen
Smith (MI)
Solomon
Stearns
Stenholm
Stump
Sundquist
Taylor (NC)
Thomas (CA)
Thomas (WY)
Vucanovich
Walker
Wolf
Young (AK)
Zeliff
NOT VOTING--14
Barlow
Byrne
de la Garza
Emerson
Ford (TN)
Gallegly
Grandy
Machtley
Markey
Neal (NC)
Rogers
Smith (OR)
Tucker
Washington
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 50.24 clerk to correct engrossment
On motion of Mr. VENTO, by unanimous consent,
Ordered, That in the engrossment of the foregoing bill, the Clerk be
authorized to correct section numbers, punctuation, cross references,
and to make other technical corrections.
Para. 50.25 providing for the consideration of h.r. 518
Mr. BEILENSON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 422):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 518) to designate certain lands in the
California Desert as wilderness, to establish the Death
Valley and Joshua Tree National Parks and the Mojave National
Monument, and for other purposes. The first reading of the
bill shall be dispensed with. General debate shall be
confined to the bill and the amendments made in order by this
resolution and shall not exceed one hour equally divided and
controlled by the chairman and ranking minority member of the
Committee on Natural Resources. After general debate the bill
shall be considered for amendment under the five-minute rule.
It shall be in order to consider as an original bill for the
purpose of amendment under the five-minute rule the amendment
in the nature of a substitute recommended by the Committee on
Natural Resources now printed in the bill. The committee
amendment in the nature of a substitute shall be considered
by title rather than by section. Each title of the committee
amendment in the nature of a substitute shall be considered
as read. Points of order against the committee amendment in
the nature of a substitute for failure to comply with clause
5(a) of rule XXI are waived. No amendment to the committee
amendment in the nature of a substitute shall be in order
unless printed in the portion of the Congressional Record
designated for that purpose in clause 6 of rule XXIII before
the beginning of consideration of the bill. The amendment
caused to be printed in the Record by Representative LaRocco
of Idaho (relating to an East Mojave Preserve) may amend
portions of the bill not yet read for amendment. At the
conclusion of consideration of the bill for amendment the
Committee shall rise and report the bill to the House with
such amendments as may have been adopted. Any Member may
demand a separate vote in the House on any amendment adopted
in the Committee of the Whole to the bill or to the committee
amendment in the nature of a substitute. The previous
question shall be considered as ordered on the bill and
amendments thereto final passage without intervening motion
except one motion to recommit with or without instructions.
After passage of H.R. 518, it shall be in order to take from
the Speaker's table the bill S. 21 and to consider the Senate
bill in the House. All points of order against the Senate
bill and against its consideration are waived. It shall be in
order to move to strike all after the enacting clause of the
Senate bill and to insert in lieu thereof the provisions of
H.R. 518 as passed by the House. All points of order against
that motion are waived. If the motion is adopted and the
Senate bill, as amended, is passed, then it shall be in order
to move that the House insist on its amendments to S. 21 and
request a conference with the Senate thereon.
When said resolution was considered.
After debate,
Mr. BEILENSON moved the previous question on the resolution to its
adoption or rejection.
The question being put, viva voce,
Will the House now order the previous question?
The SPEAKER pro tempore, Mr. PETERSON of Florida, announced that the
yeas had it.
Mr. DREIER objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
245
When there appeared
<3-line {>
Nays
172
Para. 50.26 [Roll No. 175]
YEAS--245
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Ravenel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--172
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
[[Page 868]]
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--16
Barlow
Blackwell
Brown (CA)
Byrne
de la Garza
Emerson
Fish
Ford (TN)
Grandy
Leach
Neal (NC)
Sharp
Smith (OR)
Tucker
Valentine
Washington
So the previous question on the resolution was ordered.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. PETERSON of Florida, announced that the
yeas had it.
Mr. DREIER demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
248
<3-line {>
affirmative
Nays
165
Para. 50.27 [Roll No. 176]
YEAS--248
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Canady
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilman
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCrery
McCurdy
McDade
McDermott
McHale
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Ravenel
Reed
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Shays
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Zimmer
NAYS--165
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Castle
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manzullo
McCandless
McCollum
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--20
Barlow
Brown (CA)
Byrne
de la Garza
Emerson
Fish
Ford (TN)
Grandy
Harman
Leach
McKinney
Neal (NC)
Reynolds
Sabo
Sharp
Smith (OR)
Tucker
Valentine
Washington
Waters
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 50.28 h.r. 4277--unfinished business
The SPEAKER pro tempore, Mr. PETERSON of Florida, pursuant to clause
5, rule I, announced the unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 4277) to establish the Social Security
Administration as an independent agency and to make other improvements
in the old-age, survivors, and disability insurance program; as amended.
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. PETERSON of Florida, announced that two-
thirds of those present had voted in the affirmative.
Mr. BUNNING demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
413
<3-line {>
affirmative
Nays
0
Para. 50.29 [Roll No. 177]
YEAS--413
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Collins (GA)
Collins (IL)
[[Page 869]]
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Unsoeld
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--20
Barlow
Brown (CA)
Byrne
Coleman
de la Garza
Emerson
Fish
Ford (TN)
Grandy
Mink
Neal (NC)
Rose
Sabo
Sharp
Smith (OR)
Spence
Studds
Tucker
Valentine
Washington
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 50.30 providing for the consideration of h.r. 2108
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-508) the privileged resolution (H. Res. 428) providing for the
consideration of the bill (H. R. 2108) to make improvements in the Black
Lung Benefits Act.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 50.31 providing for the consideration of h.r. 4301
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-509) the privileged resolution (H. Res. 429) providing for the
consideration of the bill (H.R. 4301) to authorize appropriations for
fiscal year 1995 for military activities of the Department of Defense,
to prescribe military personnel strengths for fiscal year 1995, and for
other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 50.32 subpoena
The SPEAKER pro tempore, Mr.KILDEE, laid before the House a
communication, which was read as follows:
House of Representatives,
May 17, 1994.
Hon. Thomas S. Foley.
Dear Mr. Speaker: This is to notify you pursuant to Rule L
of the Rules of the House that I have been served with a
subpoena issued by the Superior Court of the District of
Columbia.
After consultation with the General Counsel, I have
determined that compliance is inconsistent with the
privileges and precedents of the House.
Sincerely,
Ron Wyden,
Member of Congress.
Para. 50.33 california desert protection
The SPEAKER pro tempore, Mr. KILDEE, pursuant to House Resolution 422
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 518) to designate certain lands in the California Desert as
wilderness, to establish the Death Valley and Joshua Tree National Parks
and Mojave National Monument, and for other purposes.
The SPEAKER pro tempore, Mr. KILDEE, by unanimous consent, designated
Mr. PETERSON of Florida as Chairman of the Committee of the Whole; and
after some time spent therein,
The SPEAKER pro tempore, Mr. WISE, assumed the Chair.
When Mr. PETERSON of Florida, Chairman, reported that the Committee,
having had under consideration said bill, had come to no resolution
thereon.
Para. 50.34 mineral exploration and development
On motion of Mr. MILLER of California, by unanimous consent, the bill
(H.R. 322) to modify the requirements applicable to locatable minerals
on public domain lands, consistent with the principles of self-
initiation of mining claims, and for other purposes; together with the
amendment of the Senate thereto, was taken from the Speaker's table.
When on motion of Mr. MILLER of California, it was,
Resolved, That the House disagree to the amendment of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Thereupon, the SPEAKER pro tempore, Mr. WISE, by unanimous consent,
announced the appointment of Messrs. Miller of California, Lehman,
Rahall, Young of Alaska, and Mrs. Vucanovich, as managers on the part of
the House at said conference.
Ordered, That the Clerk notify the Senate thereof.
Para. 50.35 subpoena
The SPEAKER pro tempore, Mr. WISE, laid before the House a
communication, which was read as follows:
Committee on Energy and Commerce, Subcommittee on Health
and the Environment,
Washington, DC May 17, 1994.
Hon. Thomas S. Foley,
Speaker of the House,
Washington, DC
Dear Mr. Speaker: This is to notify you pursuant to Rule L
of the Rules of the House that I have been served with a
subpoena issued by the Superior Court of the District of
Columbia.
After consultation with the General Counsel, I have
determined that compliance is inconstant with the privileges
and precedents of the House.
Sincerely,
Henry A. Waxman,
[[Page 870]]
Para. 50.36 airport improvement
Mr. WISE moved to suspend the rules and agree to the following
amendment of the Senate to amendment of the House to the bill (S. 2024)
to provide temporary obligational authority for the airport improvement
program and to provide for certain airport fees to be maintained at
existing levels for up to 60 days, and for other purposes:
In lieu of the matter proposed to be inserted by the House
amendment to the text of the bill, insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airport Improvement Program
Temporary Extension Act of 1994''.
TITLE I--AIRPORT IMPROVEMENT PROGRAM
SEC. 101. AIRPORT IMPROVEMENT PROGRAM AUTHORIZATION.
(a) Authorization.--The second sentence of section 505(a)
of the Airport and Airway Improvement Act of 1982 (49 App.
U.S.C. 2204(a)) is amended--
(1) by striking ``and'' after ``1992,''; and
(2) by inserting ``, and $15,413,157,000 for fiscal years
ending before October 1, 1994'' before the period at the end.
(b) Obligational Authority.--Section 505(b)(1) of the
Airport and Airway Improvement Act of 1982 (49 App. U.S.C.
2204(b)(1)) is amended by striking ``September 30, 1993'' and
inserting ``June 30, 1994''.
SEC. 102. APPORTIONMENT OF FUNDS.
Section 507(b)(3)(A) of the Airport and Airway Improvement
Act of 1982 (49 App. U.S.C. 2206(b)(3)(A)) is amended--
(1) by striking ``or reducing the amount authorized or''
and inserting ``the amounts'';
(2) by inserting ``to less than $1,900,000,000'' after ``to
be obligated''; and
(3) by striking ``limited or reduced''.
SEC. 103. MINIMUM AMOUNT FOR PRIMARY AIRPORTS.
Section 507(b)(1) of the Airport and Airway Improvement Act
of 1982 (49 App. U.S.C. 2206(b)(1)) is amended by striking
``$400,000'' and inserting ``$500,000''.
SEC. 104. DISCRETIONARY FUND.
(a) Minimum Amount To Be Credited.--Section 507(c) of the
Airport and Airway Improvement Act of 1982 (49 App. U.S.C.
2206(c)) is amended by adding at the end the following new
paragraph:
``(5) Special rule.--In any fiscal year not less than
$325,000,000 of the amount made available under section
505(a) shall be credited to the discretionary fund
established by paragraph (1), and such $325,000,000 shall be
exclusive of amounts that have been apportioned in a prior
year under this section and which remain available for
obligation.
``(B) In any fiscal year in which the amount credited to
the discretionary fund pursuant to paragraph (1) is less than
$325,000,000, the total amount calculated under subparagraph
(C) of this paragraph shall be reduced by an amount which,
when credited to the discretionary fund, will, together with
the amount credited pursuant to paragraph (1), equal
$325,000,000.
``(C) The total amount, for any fiscal year, that is
subject to reduction pursuant to subparagraph (B) shall be
the sum of--
``(i) the amount determined under subsection (a)(1);
``(ii) the amount determined under subsection (a)(2);
``(iii) the amount determined under subsection (a)(3);
``(iv) the amount determined under section 508(d)(1);
``(v) the amount determined under section 508(d)(2);
``(vi) the amount determined under section 508(d)(3);
``(vii) the amount determined under section 508(d)(4); and
``(viii) the amount determined under section 508(d)(5).
``(D) To accomplish a reduction pursuant to subparagraph
(B), each of the amounts described in subparagraphs (C)(i)
through (C)(viii), respectively, shall be reduced by an equal
percentage.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on July 1, 1994.
SEC. 105. USE OF APPORTIONED AND DISCRETIONARY FUNDS.
Section 508(d) of the Airport and Airway Improvement Act of
1982 (49 App. U.S.C. 2207(d)) is amended--
(1) in paragraph (1), by striking ``10'' and inserting
``5'';
(2) in paragraph (3), by striking ``2.5'' wherever it
appears and inserting ``1.5''; and
(3) in paragraph (4), by striking ``\1/2\'' and inserting
``\3/4\''.
SEC. 106. REIMBURSEMENT FOR PAST EXPENDITURES.
Section 513(a)(2) of the Airport and Airway Improvement Act
of 1982 (49 App. U.S.C. 2212(a)(2)) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by inserting ``or'' after the semicolon at the end of
subparagraph (B); and
(3) by inserting after subparagraph (B) the following:
``(C)(i) it was incurred--
``(I) during fiscal year 1994;
``(II) before execution of a grant agreement with respect
to the project but in accordance with an airport layout plan
approved by the Secretary and in accordance with all
applicable statutory and administrative requirements that
would have been applicable to the project if the grant
agreement had been executed; and
``(III) for work related to a project for which a grant
agreement was previously executed during fiscal year 1994;
and
``(ii) its Federal share is only paid with sums appointed
under sections 507(a)(1) and 507(a)(2).''.
SEC. 107. TERMINAL DEVELOPMENT.
Section 513(b)(2) of the Airport and Airway Improvement Act
of 1982 (49 App. U.S.C. 2212(b)(2)) is amended--
(1) in the second sentence)
(A) by inserting after ``may be used'' the following: ``,
subject to the approval of the Secretary, (A)''; and
(B) by striking the period at the end and inserting the
following: ``, and (B) by the sponsor of a reliever airport
for the types of project costs allowable under paragraph (1)
of this subsection, including project costs allowable for a
commercial service airport which annually has .05 percent or
less of the total enplanements in the United States.''; and
(2) by adding at the end the following: ``All or any
portion of the sums to be distributed at the discretion of
the Secretary under sections 507(c) and 507(d) for any fiscal
year may be distributed for use by primary airports each of
which annually has .05 percent or less of the total
enplanements in the United States for project costs allowable
under paragraph (1) of this subsection.''.
SEC. 108. EXPENDITURES FROM AIRPORT AND AIRWAY TRUST FUND.
Section 9502(d)(1)(A) of the Internal Revenue Code of 1986
(relating to expenditures from Airport and Airway Trust Fund)
is amended by striking ``(as such Acts were in effect on the
date of the enactment of the Airport and Airway Safety,
Capacity, Noise Improvement, and Inter-modal Transportation
Act of 1992)'' and inserting ``or the Airport Improvement
Program Temporary Extension Act of 1994 (as such Acts were in
effect on the date of the enactment of the Airport
Improvement Program Temporary Extension Act of 1994)''.
SEC. 109. UPWARD ADJUSTMENTS.
(a) In General.--The second sentence of section 505(b)(1)
of the Airport and Airway Improvement Act of 1982 (49 App.
U.S.C. 2204(b)(1)) is further amended by--
(1) inserting ``(A)'' before ``Apportioned''; and
(2) inserting before the period at the end ``; and
(B) funds which have been recovered by the United States
from grants made under this title if such funds are obligated
only for increases under sections 512(b)(2) and 512(b)(3) of
this title in the maximum obligation of the United States for
any other grant made under this title''.
(b) Retroactive Effective Date.--The amendment made by
subsection (a) shall take effect October 1, 1993.
TITLE II--AIRPORT-AIR CARRIER DISPUTES REGARDING AIRPORT FEES
SEC. 201. EMERGENCY AUTHORITY TO FREEZE CERTAIN AIRPORT FEES.
(a) Complaint By Air Carrier.--
(1) Filing.--An air carrier may file prior to June 30,
1994, with the Secretary a written complaint alleging that
any increased fee imposed upon such air carrier by the owner
or operator of an airport is not reasonable. The air carrier
shall simultaneously file with the Secretary proof that a
copy of the complaint has been served on the owner or
operator of the airport.
(2) Opportunity to respond.--Before issuing an order under
subsection (b), the Secretary shall provide the owner or
operator of the airport an opportunity to respond to the
filed complaint.
(3) Frivolous complaint.--If the Secretary determines that
a complaint is frivolous, the Secretary may refuse to accept
the complaint for filing.
(b) Order By The Secretary.--
(1) In general.--Except as provided by paragraph (2), the
Secretary shall issue, within 7 days after the filing of a
complaint in accordance with subsection (a), an order
prohibiting the owner or operator of the airport from
collecting the increased portion of the fee that is the
subject of the complaint, unless the Secretary makes a
preliminary determination that the increased fee is
reasonable. Subject to subsection (d), the order shall cease
to be effective on June 30, 1994.
(2) Limitation.--The Secretary shall not issue an order
under this subsection prohibiting the collection of any
portion of a fee for which the Secretary's informal mediation
assistance was requested on March 21, 1994.
(c) Opportunity To Comment And Furnish Related Material.--
Within a period prescribed by the Secretary, the owner or
operator of the airport and any affected air carrier may
submit comments to the Secretay on a complaint filed under
subsection (a) and furnish to the Secretary any related
documents or other material.
(d) Action on Complaint.--Based on comments and material
provided under subsection (c), the Secretary may take
appropriate action on the complaint, including termination or
other modification of any order issued under subsection (b).
(e) Applicability.--This section does not apply to a fee
imposed pursuant to a written agreement binding on air
carriers using the facilities of an airport.
(f) Effect on Existing Agreements.--Nothing in this section
shall adversely affect any existing written agreement between
an air carrier and the owner or operator of an airport.
[[Page 871]]
SEC. 202. DEFINITIONS.
For purposes of this title.
(1) the term ``fee'' means any rate, rental charge, landing
fee, or other service charge for the use of airport
facilities; and
(2) the term ``Secretary'' means the Secretary of
Transportation.
TITLE III--REFORM OF AIR TRAFFIC CONTROL SYSTEM
SEC, 301. AIR TRAFFIC CONTROL SYSTEM.
(a) Study.--The Secretary of Transportation shall undertake
a study of management, regulatory, and legislative reforms
which would enable the air traffic control system of the
Federal Aviation Administration to provide better services to
users and reduce the costs of providing services, without
reducing the safety of the system or the availability of the
system to all categories of users and without changing the
basic organizational structure under which the system is part
of the Federal Aviation Administration.
(b) Components.--The study to be conducted under subsection
(a) shall include the following:
(1) Evaluation of reforms which would streamline
procurement, enhance the ability to attract and retain
adequate staff at hard-to-staff facilities, simplify the
personnel process, provide funding stability, ensure
continuity of leadership, and reduce the incidence of
unnecessarily detailed management oversight.
(2) Identification of any existing laws or regulations
governing procurement or personnel which are having an
adverse effect on the operation or modernization of the air
traffic control system.
(3) Evaluation of a range of possible reforms and the
advantages and disadvantages of each possible reform.
(4) Comparison of the advantages and disadvantages of each
possible reform with the comparable advantages and
disadvantages to be achieved under any proposal of the
Secretary of Transportation to create a separate Federal
corporate entity to operate the air traffic control system.
(c) Deadline.--The results of the study to be conducted
under subsection (a) shall be contained in a report which
shall be completed by the Secretary of Transportation on or
before the date which is 180 days after the date of the
enactment of this Act, or the date on which the Secretary
submits to Congress proposed legislation to create a separate
corporate entity to operate the air traffic control system,
whichever date occurs first.
(d) Transmittal.--On the date of completion of the report
under subsection (c), the Secretary of Transportation shall
transmit copies of the report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Public Works and Transportation of the House of
Representatives.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 401. GRANDFATHER PROVISION FOR FAA DEMONSTRATION
PROJECT.
(a) In General.--Notwithstanding the termination of the
personnel demonstration project for certain Federal Aviation
Administration employees on June 17, 1994, pursuant to
section 4703 of title 5, United States Code, the Federal
Aviation Administration, subject to subsection (d), shall
continue to pay quarterly retention allowance payments in
accordance with subsection (b) to those employees who are
entitled to quarterly retention allowance payments under the
demonstration project as of June 16, 1994.
(b) Computation Rules.--
(1) In general.--The amount of each quarterly retention
allowance payment to which an employee is entitled under
subsection (a) shall be the amount of the last quarterly
retention allowance payment paid to such employee under the
personnel demonstration project prior to June 17, 1994,
reduced by the portion of the amount of any increase in the
employee's annual rate of basic pay subsequent to June 17,
1994, from any source, which is allocable to the quarter for
which the allowance is to be paid (or, if applicable, to that
portion of the quarter for which the allowance is to be
paid). For purposes of the preceding sentence, the increase
in an employee's annual rate of basic pay includes--
(A) any increase under section 5303 of title 5, United
States Code'
(B) any increase in locality-based comparability payments
under section 5304 of such title 5 (except if, or to the
extent that, such increase is offset by a reduction of an
interim geographic adjustment under section 302 of the
Federal Employees Pay Comparability ACt of 1990 (5 U.S.C.
5304 note));
(C) any establishment or increase in a special rate of pay
under section 5305 of such title 5;
(D) any increase in basic pay pursuant to a promotion under
section 5334 of such title 5;
(E) any periodic step-increase under section 5334 of such
title 5;
(F) any additional step-increase under section 5336 of such
title 5; and
(G) any other increase in annual rate of basic pay under
any other provision of law.
(2) Section rule.--In the case of an employee on leave
without pay or other similar status for any part of the
quarter prior to June 17, 1994, based on which the amount of
the allowance payments for such employee under subsection (a)
are computed, the ``amount of the last quarterly retention
allowance payment paid to such employee under the personnel
demonstration project prior to June 17, 1994'' shall, for
purposes of paragraph (1), be deemed to be the amount of the
allowance which would have been payable to such employee for
such quarter under such project had such employee been in pay
status throughout such quarter.
(c) Termination/--An employee's entitlement to quarterly
retention allowance payments under this section shall cease
when--
(1) the amount of such allowance is reduced to zero under
subsection (b), or
(2) The employee separates or moves to a position in which
the employee would not, prior to June 17, 1994, have been
entitled to receive an allowance under the demonstration
project,
whichever is earlier.
(d) Special Payment Rule.--The Administrator of the Federal
Aviation Administration may make payment for the costs
incurred under the program established by subsection (a) for
the period between June 18, 1994, and September 30, 1994,
following the end of the first full pay period that begins on
or after October 1, 1994, subject to appropriations made
available in fiscal year 1995.
(e) Study of Recruitment and Retention Incentives.--The
Administrator of the Federal Aviation Administration shall
conduct a study of impediments that may exist to achieving
appropriate air traffic controller staffing levels at hard-
to-staff facilities. In conducting such study, the
Administrator shall identify and evaluate the extent to which
special incentives, of a financial or non-financial nature,
could be useful in recruiting or retaining air traffic
controllers at such facilities. The Administrator shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Public
Works and Transportation of the House of Representatives not
later than 180 days after the date of enactment of this Act a
report on (1) the results of such study, (2) planned
administrative actions, and (3) any recommended legislation.
The SPEAKER pro tempore, Mr. MILLER of California, recognized Mr. WISE
and Mr. CLINGER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said amendment?
The SPEAKER pro tempore, Mr. MAZZOLI, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said amendment was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said amendment was agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
Para. 50.37 senate bill referred
A bill of the Senate of the following title was taken from the
Speaker's table and, under the rule, referred as follows:
.S. 720. An Act to clean up open dumps on Indian lands, and
for other purposes; to the Committee on Natural Resources.
Para. 50.38 senate enrolled bills signed
The SPEAKER announced his signature to enrolled bills of the Senate of
the following titles:
S. 2000. An Act to authorize appropriations to carry out
the Head Start Act, the Community Services Block Grant Act,
and the Low-Income House Energy Assistance Act of 1981, and
for other purposes.
S. 636. An Act to amend title 18, United States Code, to
assure freedom of access to reproductive services.
Para. 50.39 bills and joint resolution presented to the president
Mr. ROSE, from the Committee on House Administration, reported that
that committee did on this day present to the President, for his
approval, bills and a joint resolution of the House of the following
titles:
H.J. Res. 303. Joint resolution to designate June 6, 1994,
as ``D-Day National Remembrance Day.''
H.R. 1134. An Act to provide for the transfer of certain
public lands located in Clear Creek County, Colorado, to the
Forest Service, the State of Colorado, and certain local
governments in the State of Colorado, and for other purposes.
H.R. 2868. An Act to designate the Federal building located
at 600 Camp Street in New Orleans, Louisiana, as the ``John
Minor Wisdom United States Court of Appeals Building,'' and
for other purposes.
Para. 50.40 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. EMERSON, for today after 3 p.m. and balance of the week;
To Mr. TUCKER, for today; and
To Mr. NEAL of North Carolina, for today and May 18.
And then,
Para. 50.41 adjournment
On motion of Mr. Allard, at 9 o'clock and 33 minutes p.m., the House
adjourned.
[[Page 872]]
Para. 50.42 reports of committees on public bills and resolutions
Under clause 2 of rule XII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Ms. SLAUGHTER: Committee on Rules. House Resolution 428.
Resolution providing for consideration of the bill (H.R.
2108) to make improvements in the Black Lung Benefits Act
(Rept. No. 103-508). Referred to the House Calendar.
Mr. FROST: Committee on Rules. House Resolution 429.
Resolution providing for consideration of the bill (H.R.
4301) to authorize appropriations for fiscal year 1995 for
military activities of the Department of Defense, to
prescribe military personnel strengths for fiscal year 1995,
and for other purposes (Rept. No. 103-509). Referred to the
House Calendar.
Para. 50.43 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. HAMILTON (by request):
H.R. 4429. A bill to authorize the transfer of naval
vessels to certain foreign countries; to the Committee on
Foreign Affairs.
By Mr. MANTON (for himself and Mr. Studds) (both by
request):
H.R. 4430. A bill to amend the Magnuson Fishery
Conservation and Management Act; to the Committee on Merchant
Marine and Fisheries.
By Mr. BATEMAN:
H.R. 4431. A bill to authorize demonstration grants for the
renovation of facilities and the purchase of equipment for
existing free health clinics that exclusively serve
individuals who are without health insurance; to the
Committee on Energy and Commerce.
By Mr. BEREUTER:
H.R. 4432. A bill to provide relief from regulatory
requirements inhibiting the effectiveness and productivity of
public housing agencies; to the Committee on Banking, Finance
and Urban Affairs.
By Mr. SMITH of Texas (for himself, Mr. Barrett of
Wisconsin, Mr. Bunning, Mr. Canady, Mr. Collins of
Georgia, Mr. Cox, Mr. Doolittle, Mr. Dornan, Mr.
Franks of New Jersey, Mr. Gallegly, Mr. Goodlatte,
Mr. Gordon, Mr. Hancock, Mr. Kasich, Mr. Kingston,
Mr. Levy, Mr. Machtley, Mr. Meehan, Mrs. Meyers of
Kansas, Mr. Oxley, Mr. Portman, Mr. Shays, Mr.
Stearns, and Mr. Torkildsen):
H.R. 4433. A bill to establish a commission to make
recommendations for the disposal of Federal Government
property, the closure and consolidation of offices of Federal
agencies, the procurement of Federal agency functions, the
repeal of provisions of Federal statutes, and the termination
of Federal regulations, and to provide a procedure for the
expedited implementation of these recommendations; jointly,
to the Committees on Government Operations, Rules, Merchant
Marine and Fisheries, and Energy and Commerce.
By Mr. STENHOLM (for himself, Mr. Penny and Mr.
Kasich):
H.R. 4434. A bill to reform the concept of baseline
budgeting, set forth strengthened procedures for the
consideration of rescissions, provide a mechanism for
dedicating savings from spending cuts to deficit reduction,
and ensure that only one emergency is included in any bill
containing an emergency designation; jointly, to the
Committees on Government Operations and Rules.
By Mr. WOLF:
H.R. 4435. A bill to provide for the orderly termination of
easements and property used for public utility purposes at
the Manassas National Battlefield Park; to the Committee on
Natural Resources.
By Mr. YOUNG of Alaska:
H.R. 4436. A bill to transfer certain Coast Guard property;
to the Committee on Merchant Marine and Fisheries.
By Mr. HINCHEY:
H.R. 4437. A bill to extend the emergency unemployment
compensation program; to the Committee on Ways and Means.
By Ms. NORTON:
H.R. 4438. A bill to provide for funding for Federal
employee pay adjustments and comparability payments through
reductions in agency spending on service contracts for fiscal
year 1995; jointly, to the Committees on Post Office and
Civil Service, Government Operations, and Appropriations.
By Mr. JOHNSON of South Dakota:
H.R. 4439. A bill to expand the scope of the Belle Fourche
irrigation project, and for other purposes; to the Committee
on Natural Resources.
By Mr. McDADE:
H.R. 4440. A bill to provide for performance accountability
in the government of the District of Columbia; to the
Committee on the District of Columbia.
By Mr. PORTMAN (for himself and Mr. Condit):
H.R. 4441. A bill to clarify that a reasonable suspicion,
sufficient to support a constitutional stop and frisk by a
law enforcement officer, includes membership in a criminal
street gang that engages in a pattern of criminal gang
activity; to the Committee on the Judiciary.
By Mr. YOUNG of Alaska:
H.R. 4442. A bill to provide consultations for the
development of Articles of Relations and Self-Government for
insular areas of the United States; to the Committee on
Natural Resources.
By Mr. BONIOR (for himself, Mr. Torricelli, Mr. Berman,
Mr. Brown of Ohio, Mr. Engel, Mr. Frank of
Massachusetts, Ms. Kaptur, Mr. LaFalce, Mr. Lewis of
Georgia, Mrs. Meek of Florida, Mr. Peterson of
Minnesota, Mr. Rush, Mr. Serrano, Mrs. Thurman, Ms.
Velazquez, and Mr. Wynn):
H. Con. Res. 250. Concurrent resolution expressing the
sense of the Congress in support of efforts by the Government
of Mexico, and the major political parties and concerned
members of civic society in Mexico, to reform Mexico's
political and electoral processes and ensure free and fair
elections; to the Committee on Foreign Affairs.
Para. 50.44 memorials
Under clause 4 of rule XXII.
386. The SPEAKER presented a memorial of the House of
Representatives of the State of Kansas, relative to Kansas
POW's/MIA's in Southeast Asia; which was referred to the
Committee on the Judiciary.
Para. 50.45 private bills and resolutions
Under clause 1 of rule XXII.
Mrs. UNSOELD introduced a bill (H.R. 4443) to authorize the
Secretary of Transportation to issue a certificate of
documentation with appropriate endorsement for employment in
the coastwise trade for the vessel Wolf Gang II; which was
referred to the Committee on Merchant Marine and Fisheries.
Para. 50.46 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 34: Mr. King.
H.R. 35: Mr. Tucker.
H.R. 302: Mr. Lazio and Mr. Gillmor.
H.R. 325: Ms. McKinney, Mr. Miller of California, Mr. Gene
Green of Texas, Mr. Schiff, Mr. Montgomery, Mr. Darden, Mr.
Abercrombie, and Mr. Klink.
H.R. 326: Ms. English of Arizona, Mr. Romero-Barcelo, and
Mr. de Lugo.
H.R. 512: Ms. Furse.
H.R. 1164: Ms. Schenk.
H.R. 1231: Mr. Hamburg, Mr. Stokes, Mrs. Kennelly, and Mr.
Matsui.
H.R. 1277: Mr. Upton.
H.R. 1280: Mr. Dicks.
H.R. 1671: Mr. Dickey.
H.R. 1864: Mr. Baker of California.
H.R. 1900: Mr. Flake.
H.R. 1928: Mr. Knollenberg, Mr. Levy, and Mr. Gunderson.
H.R. 2132: Mr. Ravenel.
H.R. 2365: Ms. Snowe and Mr. Filner.
H.R. 2460: Mr. Baesler.
H.R. 2554: Mr. Slattery and Mr. Rush.
H.R. 2681: Mr. Levy, Mr. Ehlers, Mr. Kreidler, and Mr.
Williams.
H.R. 2959: Mr. Thomas of Wyoming.
H.R. 2969: Mrs. Kennelly.
H.R. 3005: Mr. Hobson.
H.R. 3173: Mrs. Roukema, Mr. Barrett of Nebraska, Mr.
Zimmer, and Mr. Traficant.
H.R. 3293: Mr. LaFalce and Mr. Calvert.
H.R. 3347: Ms. Roybal-Allard, Mrs. Meek of Florida, Mr.
Towns, Mr. Rush, Mr. Jefferson, and Mr. Lewis of Georgia.
H.R. 3386: Mr. Hilliard.
H.R. 3421: Mr. Hobson and Mr. Condit.
H.R. 3486: Mr. Schiff, Mr. Barton of Texas, Mr. Roberts,
and Mr. Spence.
H.R. 3492: Mr. Hutto and Mr. McCurdy.
H.R. 3611: Mr. Dixon and Mr. Tucker.
H.R. 3630: Ms. McKinney.
H.R. 3656: Mr. Gingrich and Mr. Zeliff.
H.R. 3790: Mr. Grandy, Mrs. Meyers of Kansas, and Mr.
Strickland.
H.R. 3820: Mr. Skeen, Mr. Lightfoot, Mr. Manton, and Mr.
Towns.
H.R. 3830: Mr. Filner and Mr. Williams.
H.R. 3871: Mr. Hyde.
H.R. 3994: Mr. Gingrich.
H.R. 4042: Mr. Frost, Mr. Jacobs, and Mr. Mineta.
H.R. 4050: Mr. Andrews of Texas and Mrs. Lloyd.
H.R. 4124: Mr. Spence.
H.R. 4132: Mr. Miller of California, Ms. Velazquez, Mr.
Gene Green of Texas, and Mrs. Lloyd.
H.R. 4158: Mr. McNulty, Ms. Slaughter, Mr. Schumer, and
Mrs. Lowey.
H.R. 4189: Mr. Hoekstra, Mr. Canady, Mr. Lewis of Florida,
and Mr. Hayes.
H.R. 4210: Mr. Penny, Mr. Shays, Mr. Hyde, Mr. Engel, Mr.
McCloskey, Mr. Royce, Mr. Smith of New Jersey, Mr. Gunderson,
and Mr. Livingston.
H.R. 4213: Ms. Roybal-Allard and Ms. Velazquez.
H.R. 4224:Mr. Montgomery.
H.R. 4251: Mr. Frost and Mr. Kanjorski.
H.R. 4269: Mr. Petri and Mr. Emerson.
H.R. 4276: Mr. Gallegly and Mr. Edwards of California.
H.R. 4290: Mr. Solomon, Mr. Sam Johnson, Mr. Nadler, Mr.
Hoyer, and Ms. Molinari.
H.R. 4306: Mr. Minge and Mr. Barca of Wisconsin.
H.R. 4311: Mr. Myers of Indiana.
H.R. 4350: Mr. Canady.
H.R. 4356: Mr. Fingerhut.
H.R. 4365: Mr. Stupak and Mr. Ewing.
H.R. 4366: Mr. Frost, Mr. Hughes, Mr. Coleman, and Mr. Pete
Geren of Texas.
H.R. 4377: Mr. Murtha and Mr. Ehlers.
H.R. 4378: Mr. Murtha and Mr. Ehlers.
H.R. 4386: Mr. Parker and Mr. Kreidler.
H.J. Res. 90: Mr. Farr and Mr. Thomas of California.
H.J. Res. 112: Mr. Andrews of New Jersey and Mr. Skeen.
[[Page 873]]
H.J. Res. 129: Mr. Shays.
H.J. Res. 209: Mr. Sabo, Mr. Burton of Indiana, Mr. Hyde,
Mr. Fields of Louisiana, Mr. Roemer, Mr. Bacchus of Florida,
Ms. Velazquez, Mr. Camp, and Mr. Solomon.
H.J. Res. 295: Mr. Wolf, Mr. Saxton, Mr. King, Mr. Dornan,
Mr. Solomon, Mr. Quinn, Mr. Goodling, Mr. Frank of
Massachusetts, Mr. Levy, Mr. Menendez, Mr. McNulty, Mr.
Frost, Mr. McCollum, Mr. Talent, Mr. Barca of Wisconsin, Mr.
Gingrich, and Mr. Parker.
H.J. Res. 315: Mr. Paxon.
H.J. Res. 327: Mr. Wheat, Mr. Stark, and Mr. Bilbray.
H.J. Res. 334: Mr. Archer, Mr. Becerra, Mr. Conyers, Mr.
Dingell, Mr. Evans, Mr. Fazio, Mr. Flake, Mr. Gordon, Mr.
Gene Green of Texas, Mr. Hamburg, Mr. Hobson, Mr. Hilliard,
Mr. Hochbrueckner, Mr. McNulty, Mr. Mineta, Mr. Myers of
Indiana, Mr. Sanders, Mr. Skeen, Mr. Sisisky, Mr. Slattery,
Mr. Young of Florida, and Mr. Watt.
H.J. Res. 344: Ms. Slaughter, Mr. Kildee, Mr. Barrett of
Wisconsin, Mr. Bryant, Mr. Diaz-Balart, and Mr. Skeen.
H.J. Res. 354: Mr. Kopetski, Mr. Andrews of New Jersey, Mr.
Richardson, Mr. Bonior, Ms. Slaughter, Mr. Bacchus of
Florida, Mr. Bilirakis, Mr. Owens, Mr. Waxman, Mr. Hobson,
Mr. Wynn, and Mr. Gonzalez.
H.J. Res. 356: Mr. Watt, Mr. Bacchus of Florida, Ms. Eshoo,
and Ms. Velazquez.
H.J. Res. 362: Mrs. Lloyd, Mr. Parker, Mr. Flake, Mr.
Lancaster, Mr. Klein, Ms. Eddie Bernice Johnson of Texas, and
Mr. Pickle.
H. Con. Res. 35: Mr. Gekas, Mrs. Fowler, Mr. Mann, and Mr.
Gilman.
H. Con. Res. 148: Mr. Flake, Mr. Stenholm, Mr. Hastert, Mr.
Goodling, and Mr. Gingrich.
H. Con. Res. 176: Mr. Spence.
H. Con. Res. 210: Mr. Rose and Mr. Huffington.
H. Res. 330: Mr. Zeliff.
H. Res. 377: Mr. Zeliff.
.
WEDNESDAY, MAY 18, 1994 (51)
Para. 51.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
MONTGOMERY, who laid before the House the following communication:
Washington, DC,
May 18, 1994.
I hereby designate the Honorable G.V. (Sonny) Montgomery to
act as Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Para. 51.2 approval of the journal
The SPEAKER pro tempore, Mr. MONTGOMERY, announced he had examined and
approved the Journal of the proceedings of Tuesday, May 17, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 51.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3207. A letter from the Secretary of Health and Human
Services, transmitting the annual report, fiscal year 1992,
describing the activities and accomplishments of programs for
persons with developmental disabilities, pursuant to 42
U.S.C. 6006(c); to the Committee on Energy and Commerce.
3208. A letter from the Director, Defense Security
Assistance Agency, transmitting a copy of Transmittal No. 04-
94, concerning a cooperative project between the United
States Department of Defense and the Dutch Ministry of
Defense, pursuant to 22 U.S.C. 2767(f); to the Committee on
Foreign Affairs.
3209. A letter from the Director, Defense Security
Assistance Agency, transmitting notification of the Defense
Mapping Agency's proposed Letter(s) of Offer and Acceptance
[LOA] to the United Kingdom for defense articles and services
(Transmittal No. 94-25), pursuant to 22 U.S.C. 2776(b); to
the Committee on Foreign Affairs.
3210. A letter from the Comptroller General Accounting
Office, transmitting the list of all reports issued or
released in April 1994, pursuant to 31 U.S.C. 719(h); to the
Committee on Government Operations.
Para. 51.4 recess--10:03 a.m.
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to the unanimous
consent agreement of Thursday, May 12, 1994, declared the House in
recess at 10 o'clock and 3 minutes a.m., subject to the call of the
Chair.
Para. 51.5 after recess--12:15 p.m.
The SPEAKER pro tempore, Mr. MONTGOMERY, called the House to order.
Para. 51.6 proceedings printed in the record
On motion of Ms. ENGLISH, by unanimous consent, the proceedings had
during the recess were ordered to be printed in the Record.
Para. 51.7 providing for the consideration of h.r. 4301
Mr. FROST, by direction of the Committee on Rules, called up the
following resolution (H. Res. 429):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 4301) to authorize appropriations for fiscal
year 1995 for military activities of the Department of
Defense, to prescribe military personnel strengths for fiscal
year 1995, and for other purposes. The first reading of the
bill shall be dispensed with. All points of order against
consideration of the bill are waived. General debate shall be
confined to the bill and the amendments made in order by this
resolution and shall not exceed two hours equally divided and
controlled by the chairman and ranking minority member of the
Committee on Armed Services. After general debate the bill
shall be considered for amendment under the five-minute rule.
Sec. 2. It shall be in order to consider as an original
bill for the purpose of amendment under the five-minute rule
the amendment in the nature of a substitute recommended by
the Committee on Armed Services now printed in the bill. The
committee amendment in the nature of a substitute shall be
considered as read. All points of order against the committee
amendment in the nature of a substitute are waived. No
amendment to the committee amendment in the nature of a
substitute shall be in order except the amendments printed in
the report of the Committee on Rules accompanying this
resolution and amendments en bloc described in section 4 of
this resolution. Except as specified in section 3, 4, or 5 of
this resolution, each amendment printed in the report shall
be considered only in the order printed and may be offered
only by a Member designated in the report. Each amendment
printed in the report shall be considered as read and shall
not be subject to a demand for division of the question in
the House or in the Committee of the Whole. Unless otherwise
specified in the report, each amendment printed in the report
shall be debatable for ten minutes equally divided and
controlled by the proponent and an opponent and shall not be
subject to amendment (except that pro forma amendments for
the purpose of debate may be offered by the chairman or
ranking minority member of the Committee on Armed Services).
All points of order against amendments printed in the report
are waived.
Sec. 3 (a) After disposition of or postponement of further
proceedings on amendments printed in part 1 of the report of
the Committee on Rules accompanying this resolution, it shall
be in order to consider the amendments printed in part 2 of
the report of the Committee on Rules accompanying this
resolution. Such consideration shall begin with an additional
period of general debate, which shall be confined to
ballistic missile defense and shall not exceed twenty minutes
equally divided and controlled by the chairman and ranking
minority member of the Committee on Armed Services. If more
than one of the amendments printed in part 2 of the report is
adopted, only the last to be adopted shall be considered as
finally adopted and reported to the House.
(b) After disposition of or postponement of further
proceedings on the amendments printed in part 2 of the
report, it shall be in order to consider the amendments
printed in part 3 of the report (relating to burdensharing).
(c) After disposition of or postponement of further
proceedings on the amendments printed in part 3 of the
report, it shall be in order to consider the amendments
printed in part 4 of the report of the Committee on Rules
accompanying this resolution. Such consideration shall begin
with an additional period of general debate, which shall be
confined to the Trident II (D-5) missile and shall not exceed
twenty minutes equally divided and controlled by the chairman
and ranking minority member of the Committee on Armed
Services.
(d) After disposition of or postponement of further
proceedings on the amendments printed in part 4 of the
report, it shall be in order to consider the amendment
printed in part 5 of the report (relating to the Seawolf
submarine).
(e) After disposition of or postponement of further
proceedings on the amendment printed in part 5 of the report,
it shall be in order to consider any amendment printed in
part 1 of the report not previously considered.
Sec. 4. It shall be in order at any time for the chairman
of the Committee on Armed Services or his designee to offer
amendments en bloc consisting of amendments printed in part 1
of the report of the Committee on Rules accompanying this
resolution or germane modifications of any such amendment.
Amendment en bloc offered pursuant to this section shall be
considered as read (except that modifications shall be
reported), shall be debatable for twenty minutes equally
divided and controlled by the chairman and ranking minority
member of the Committee on Armed Services, shall not be
subject to amendment, and shall not be subject to demand for
division of the question in the House or in the Committee of
the Whole. For the purpose of inclusion in such amendments en
bloc, an amendment printed in the form of a motion to strike
may be modified to the form of a germane perfecting amendment
to the text originally proposed to be stricken. All points of
order against such amendments en bloc are waived. The
original proponent of an amendment included in such
amendments
[[Page 874]]
en bloc may insert a statement in the Congressional Record
immediately before the disposition of the amendments en bloc.
Sec. 5. The chairman of the Committee of the Whole may
postpone until a time during further consideration in the
Committee of the Whole a request for a recorded vote on any
amendment made in order by this resolution. The chairman of
the Committee of the Whole may reduce to not less than five
minutes the time for voting by electronic device on any
postponed question that immediately follows another vote by
electronic device without intervening business, provided that
the time for voting by electronic device on the first in any
series of questions shall be not less than fifteen minutes.
The chairman of the Committee of the Whole may recognize for
consideration any amendment made in order by this resolution
out of the order printed, but not sooner than one hour after
the chairman of the Committee on Armed Services or a designee
announces from the floor a request to that effect.
Sec. 6. After disposition of or continued postponement of
further proceedings on each of the amendments printed in the
report of the Committee on Rules accompanying this resolution
and any amendments offered pursuant to section 4 of this
resolution, the Committee of the Whole shall rise without
motion. No further consideration of the bill shall be in
order except pursuant to a subsequent order of the House.
When said resolution was considered.
After debate,
On motion of Mr. FROST, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that the yeas had
it.
Mr. SOLOMON objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
369
When there appeared
<3-line {>
Nays
49
Para. 51.8 [Roll No. 178]
YEAS--369
Abercrombie
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Bachus (AL)
Baesler
Baker (LA)
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dingell
Dixon
Dooley
Doolittle
Dreier
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Green
Greenwood
Gunderson
Gutierrez
Hall (TX)
Hamburg
Hamilton
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hoke
Holden
Horn
Houghton
Hoyer
Hughes
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
King
Kingston
Kleczka
Klein
Klink
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCollum
McCurdy
McDade
McHale
McInnis
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
NAYS--49
Allard
Archer
Armey
Baker (CA)
Ballenger
Barton
Bunning
Burton
Buyer
Coble
Combest
Crapo
Cunningham
DeLay
Dornan
Duncan
Ehlers
Fawell
Fields (TX)
Franks (NJ)
Gallegly
Gallo
Gekas
Grams
Hancock
Hoekstra
Huffington
Hunter
Kasich
Kim
Klug
Lewis (CA)
McCandless
McCrery
McHugh
McKeon
Miller (FL)
Packard
Petri
Pombo
Ramstad
Roberts
Roth
Royce
Sensenbrenner
Stearns
Stump
Thomas (CA)
Zimmer
NOT VOTING--15
Ackerman
Boucher
Crane
Dicks
Emerson
Ewing
Grandy
Hall (OH)
Hochbrueckner
McDermott
Neal (NC)
Rangel
Towns
Washington
Whitten
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution agreed to was,
by unanimous consent, laid on the table.
Para. 51.9 messages from the president
Sundry messages in writing from the President of the United States
were communicated to the House by Mr. Edwin Thomas, one of his
secretaries.
Para. 51.10 order of business--consideration of amendment--h.r.4301
On motion of Mr. DELLUMS, by unanimous consent,
Ordered, That, during the consideration of H.R. 4301, pursuant to
House Resolution 429, the amendment printed in part 5 of House Report
103-509 shall be considered as though printed in part 1 of said report.
Para. 51.11 defense department authorization
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to House Resolution
429 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the consideration of the
bill (H.R. 4301) to authorize appropriations for fiscal year 1995 for
military activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 1995, and for other purposes.
The SPEAKER pro tempore, Mr. MONTGOMERY, by unanimous consent,
designated Mr. DURBIN as Chairman of the Committee of the Whole.
The Acting Chairman, Mr. MENENDEZ, assumed the Chair; and after some
time spent therein,
Para. 51.12 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. MEEHAN:
At the end of subtitle C of title II (page 46, after line
4), insert the following new section:
SEC. 236. LIMITATION ON FUNDS FOR BALLISTIC MISSILE DEFENSE
ORGANIZATION.
The amount provided in section 201 for Defense-wide
activities that is available for the Ballistic Missile
Defense Organization is hereby reduced by $200,000,000, of
which $150,000,000 is to be derived from amounts for Advanced
Technology Development Activities under Program Element
0603217C and $50,000,000 is to be derived from amounts
available for consulting services.
[[Page 875]]
It was decided in the
Yeas
155
<3-line {>
negative
Nays
271
Para. 51.13 [Roll No. 179]
AYES--155
Abercrombie
Andrews (ME)
Barca
Barrett (WI)
Becerra
Beilenson
Berman
Blackwell
Bonior
Brown (OH)
Bryant
Cantwell
Carr
Clay
Clayton
Collins (IL)
Collins (MI)
Condit
Conyers
Coyne
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dingell
Dooley
Duncan
Durbin
Edwards (CA)
Engel
English
Eshoo
Evans
Farr
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (NJ)
Furse
Gejdenson
Gordon
Gutierrez
Hall (OH)
Hamburg
Hastings
Hinchey
Hoekstra
Holden
Hughes
Inslee
Jacobs
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klug
Kopetski
Kreidler
LaFalce
Lambert
Leach
Lehman
Levin
Lewis (GA)
Maloney
Manton
Margolies-Mezvinsky
Markey
McCloskey
McKinney
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Morella
Murphy
Nadler
Neal (MA)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Pallone
Payne (NJ)
Pelosi
Penny
Peterson (MN)
Petri
Porter
Poshard
Price (NC)
Rahall
Ramstad
Reed
Reynolds
Roemer
Romero-Barcelo (PR)
Rostenkowski
Roth
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schroeder
Schumer
Sensenbrenner
Serrano
Sharp
Shays
Shepherd
Slaughter
Stark
Stokes
Strickland
Studds
Stupak
Synar
Thurman
Torricelli
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Waters
Watt
Waxman
Wheat
Williams
Woolsey
Wyden
Wynn
Yates
NOES--271
Allard
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barlow
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cardin
Castle
Chapman
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Combest
Cooper
Coppersmith
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeLay
Diaz-Balart
Dickey
Dicks
Dixon
Doolittle
Dornan
Dreier
Dunn
Edwards (TX)
Ehlers
Everett
Ewing
Fawell
Fazio
Fields (TX)
Fish
Fowler
Franks (CT)
Frost
Gallegly
Gallo
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Goss
Grams
Green
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hilliard
Hoagland
Hobson
Hochbrueckner
Hoke
Horn
Houghton
Hoyer
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnson, Sam
Kasich
Kim
King
Kingston
Klink
Knollenberg
Kolbe
Kyl
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Mann
Manzullo
Martinez
Matsui
Mazzoli
McCandless
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meyers
Mica
Michel
Miller (FL)
Molinari
Mollohan
Montgomery
Moorhead
Moran
Murtha
Myers
Ortiz
Orton
Oxley
Packard
Parker
Pastor
Paxon
Payne (VA)
Peterson (FL)
Pickett
Pickle
Pombo
Pomeroy
Portman
Pryce (OH)
Quillen
Quinn
Ravenel
Regula
Richardson
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rowland
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Scott
Shaw
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stump
Sundquist
Swett
Swift
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Torkildsen
Torres
Traficant
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wilson
Wise
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--12
Ackerman
Bacchus (FL)
Emerson
Faleomavaega (AS)
Gephardt
Grandy
Neal (NC)
Owens
Rangel
Towns
Washington
Whitten
So the amendment was not agreed to.
After some further time,
Para. 51.14 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. BRYANT:
At the end of title X insert the following section:
SEC. . REQUIREMENT TO USE SAVINGS FROM BURDENSHARING
CONTRIBUTIONS FOR DEFICIT REDUCTION.
(a) Burdensharing Agreements.--(1) As soon as practicable
after the date of the enactment of this Act, the President
should enter into negotiations for purposes of revising the
host-nation agreement with each foreign country described in
paragraph (2). A revised host-nation agreement is an
agreement under which the foreign country agrees to assume,
beginning on or before September 30, 1997, all costs incurred
by the United States related to the presence of all United
States military personnel stationed in the country. The
agreement may provide for the phased-in assumption of such
costs over the three-year period beginning on October 1,
1994, and ending on September 30, 1997.
(2) Paragraph (1) applies with respect to--
(A) each country of the North Atlantic Treaty Organization
(other than the United States); and
(B) Japan.
(b) Troop Withdrawal.--If a revised host-nation agreement
described in subsection (a) is not entered into by September
30, 1997, in a country to which subsection (a) applies, the
President shall order the withdrawal of all United States
Armed Forces assigned to permanent duty ashore in that
country. The President may provide for the phased-in
withdrawal of such forces over the three-year period
beginning on October 1, 1997, and ending on September 30,
2000.
(c) Use of Savings Realized.--The savings realized each
fiscal year as a result of the assumption of an increased
share of United States costs by the foreign countries to
which subsection (a) applies shall be used for deficit
reduction.
(d) Report.--The Secretary of Defense shall include in the
annual report required by section 1304 of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 106 Stat. 2546) the following information:
(1) For each foreign country to which subsection (a)
applies, the costs to the United States of maintaining and
operating each United States military installation in that
country during the preceding fiscal year.
(2) For each such military installation, the savings
realized during the preceding fiscal year (if any) as a
result of the assumption of an increased share of United
States costs by the host nation.
It was decided in the
Yeas
163
<3-line {>
negative
Nays
260
Para. 51.15 [Roll No. 180]
AYES--163
Abercrombie
Andrews (ME)
Applegate
Barca
Barcia
Barrett (WI)
Becerra
Blackwell
Bonior
Borski
Boucher
Brooks
Brown (OH)
Bryant
Byrne
Camp
Cardin
Carr
Clay
Coble
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Crane
Cunningham
Danner
de Lugo (VI)
DeFazio
Dellums
Deutsch
Dixon
Duncan
Durbin
Edwards (CA)
Engel
Eshoo
Evans
Ewing
Farr
Fields (LA)
Filner
Flake
Foglietta
Frank (MA)
Franks (NJ)
Frost
Furse
Gejdenson
Green
Greenwood
Gutierrez
Hall (OH)
Hamburg
Hayes
Hefner
Hinchey
Holden
Horn
Hughes
Hunter
Inslee
Jacobs
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kleczka
Klein
Klink
Kopetski
Kreidler
Lambert
LaRocco
Lehman
Lewis (GA)
Lipinski
Long
Lowey
Margolies-Mezvinsky
Markey
Martinez
Matsui
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Murphy
Neal (MA)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Pallone
Pastor
Payne (NJ)
Pelosi
Penny
Peterson (MN)
Petri
Pomeroy
Poshard
Rahall
Ramstad
Regula
Reynolds
Rohrabacher
Rostenkowski
Roth
Royce
Rush
Sanders
Sangmeister
Schenk
Schiff
Schroeder
Schumer
Sensenbrenner
Serrano
Shays
Shepherd
Slaughter
Stark
Stokes
Strickland
Studds
Stupak
Swett
Tauzin
Thornton
Thurman
Torricelli
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Watt
Waxman
Wheat
Woolsey
Wyden
Wynn
Yates
Young (AK)
Zimmer
[[Page 876]]
NOES--260
Allard
Andrews (NJ)
Andrews (TX)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barlow
Barrett (NE)
Bartlett
Barton
Bateman
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Brewster
Browder
Brown (CA)
Brown (FL)
Bunning
Burton
Buyer
Callahan
Calvert
Canady
Cantwell
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Collins (GA)
Combest
Cooper
Coppersmith
Cox
Cramer
Crapo
Darden
de la Garza
Deal
DeLauro
DeLay
Diaz-Balart
Dickey
Dicks
Dingell
Dooley
Doolittle
Dornan
Dreier
Dunn
Edwards (TX)
Ehlers
English
Everett
Fawell
Fazio
Fields (TX)
Fish
Ford (TN)
Fowler
Franks (CT)
Gallegly
Gallo
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hefley
Herger
Hilliard
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Houghton
Hoyer
Huffington
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson (GA)
Johnson, Sam
Kasich
Kennelly
Kildee
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
LaFalce
Lancaster
Lantos
Laughlin
Lazio
Leach
Levin
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Lloyd
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meek
Meyers
Mica
Michel
Miller (FL)
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Nadler
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (FL)
Pickett
Pickle
Pombo
Porter
Portman
Price (NC)
Pryce (OH)
Quillen
Quinn
Ravenel
Reed
Richardson
Ridge
Roberts
Roemer
Rogers
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Roukema
Rowland
Roybal-Allard
Sabo
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Scott
Sharp
Shaw
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stump
Sundquist
Swift
Synar
Talent
Tanner
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Torkildsen
Torres
Underwood (GU)
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Weldon
Williams
Wilson
Wise
Wolf
Young (FL)
Zeliff
NOT VOTING--15
Ackerman
Derrick
Emerson
Faleomavaega (AS)
Fingerhut
Ford (MI)
Gephardt
Grandy
Jefferson
Neal (NC)
Owens
Rangel
Towns
Washington
Whitten
So the amendment was not agreed to.
The SPEAKER pro tempore, Mr. DOOLEY, assumed the Chair.
When Mr. DURBIN, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
Para. 51.16 olympics torch relay
On motion of Mr. TRAFICANT, by unanimous consent, the House called up
the following concurent resolution (H. Con. Res. 236):
Resolved by the House of Representatives (the Senate
concurring),
SECTION 1. AUTHORIZATION OF RUNNING OF SPECIAL OLYMPICS TORCH
RELAY THROUGH CAPITOL GROUNDS.
On May 20, 1994, or on such other date as the Speaker of
the House of Representatives and the President pro tempore of
the Senate may jointly designate, the 1994 Special Olympics
Torch Relay may be run through the Capitol Grounds, as part
of the journey of the Special Olympics torch to the District
of Columbia Special Olympics summer games at Gallaudet
University in the District of Columbia.
SEC. 2. RESPONSIBILITY OF CAPITOL POLICE BOARD.
The Capitol Police Board shall take such action as may be
necessary to carry out section 1.
SEC. 3. CONDITIONS RELATING TO PHYSICAL PREPARATIONS.
The Architect of the Capitol may prescribe conditions for
physical preparations for the event authorized by section 1.
When said concurrent resolution was considered and agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
Para. 51.17 national historical publications and records commission
authorization
On motion of Mr. CONDIT, by unanimous consent, the bill (H.R. 2139) to
to amend title 44, United States Code, to authorize appropriations for
the National Historical Publications and Records Commission; together
with the following amendments of the Senate thereto, was taken from the
Speaker's table:
Strike out all after the enacting clause and insert:
SECTION 1. AUTHORIZATION OF APPROPRIATIONS.
Section 2504(f)(1) of title 44, United States Code, is
amended--
(1) in subparagraph (B), by striking out ``and'' after the
semicolon;
(2) in subparagraph (C), by striking out the period and
inserting in lieu thereof a semicolon; and
(3) by adding at the end the following new subparagraphs:
``(D) $6,000,000 for fiscal year 1994;
``(E) $7,000,000 for fiscal year 1995;
``(F) $8,000,000 for fiscal year 1996; and
``(G) $10,000,000 for fiscal year 1997.''.
Amend the title so as to read: ``An Act to authorize
appropriations for the National Historical Publications and
Records Commission for fiscal years 1994, 1995, 1996, and
1997.''.
On motion of Mr. CONDIT, said Senate amendments were agreed to.
A motion to reconsider the vote whereby said Senate amendments were
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 51.18 canada-u.s. interparliamentary group
The SPEAKER pro tempore, Mr. DOOLEY, announced that pursuant to the
provisions of 22 U.S.C. 276d, the Speaker did appoint as members of the
United States Delegation to attend the meeting of the Canada-United
States Interparliamentary Group the following Members of the House:
Mr. Johnston of Florida, Chairman;
Mr. LaFalce of New York, Vice Chairman;
Mr. Hamilton of Indiana;
Mr. Oberstar of Minnesota;
Mr. Gibbons of Florida;
Mr. Richardson of New Mexico;
Mr. Peterson of Florida;
Mr. Goss of Florida; and
Mr. Walsh of New York.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 51.19 message from the president--national endownment for the
humanities
The SPEAKER pro tempore, Mr. DOOLEY, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
It is my pleasure to present to you the twenty-eighth annual report of
National Endowment for the Humanities (NEH). In terms of breadth and
number of projects funded, this agency is the largest grant-making
entity for the humanities in the country. The Endowment supports
scholars, teachers, and students in their research and studies, and
provides funds for projects such as documentary films and museum
exhibitions that reach a large general audience. These humanities
activities strengthen the cultural resources of the nation and provide
insight into the problems that face our increasingly complex society.
In addition to direct federal support of the humanities, NEH programs
have stimulated private contributions, to date almost $1.3 billion in
matching gift funds. The Endowment also requires grantees in most
programs to commit their own funds for part of the project costs. The
NEH support of a project is highly respected and often attracts
additional funding from other sources.
The country can be proud of the role the Endowment has played as a
catalyst for the support of excellent humanities scholarship and
education in the United States over the past twenty-eight years.
William J. Clinton.
The White House, May 18, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Education and Labor.
[[Page 877]]
Para. 51.20 message from the president--corporation for public
broadcasting
The SPEAKER pro tempore, Mr. DOOLEY, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
In accordance with the Communications Act of 1934, as amended (47
U.S.C. 396(i)), I transmit herewith the Annual Report of the Corporation
for Public Broadcasting for Fiscal Year 1993 and the Inventory of the
Federal Funds Distributed to Public Telecommunications Entities by
Federal Departments and Agencies: Fiscal Year 1993.
William J. Clinton.
The White House, May 18, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Energy and Commerce.
Para. 51.21 subpoena
The SPEAKER pro tempore, Mr. DOOLEY, laid before the House a
communication, which was read as follows:
House of Representatives,
Washington, DC, May 10, 1994.
Hon. Thomas S. Foley,
Speaker of the House, Washington, DC
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that I have been
served with a subpoena issued by the Circuit Court of Volusia
County, Florida.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is not a proper
exercise of that court's jurisdiction.
Sincerely,
Jim Kolbe,
Member of Congress.
Para. 51.22 leave of absence
By unanimous consent, leave of absence was granted to Mr.
FALEOMAVAEGA, for today after 4 p.m.
And then,
Para. 51.23 adjournment
On motion of Mr. HOEKSTRA, pursuant to the special order agreed to on
May 12, 1994, at 8 o'clock and 44 minutes p.m., the House adjourned
until 9 o'clock and 30 minutes a.m., on Thursday, May 19, 1994.
Para. 51.24 oath of office/members, resident commissioner, and delegates
The oath of office required by the sixth article of the Constitution
of the United States, and as provided by section 2 of the act of May 13,
1884 (23 Stat. 22), to be administered to Members, Resident
Commissioner, and Delegates of the House of Representatives, the text of
which is carried in 5 U.S.C. 3331:
``I, AB, do solemnly swear (or affirm) that I will support and
defend the Constitution of the United States against all enemies,
foreign and domestic; that I will bear true faith and allegiance to
the same; that I take this obligation freely, without any mental
reservation or purpose of evasion; and that I will well and
faithfully discharge the duties of the office on which I am about to
enter. So help me God.''
has been subscribed to in person and filed in duplicate with the Clerk
of the House of Representatives by the following Member of the 103d
Congress, pursuant to the provisions of 2 U.S.C. 25:
Frank D. Lucas, Sixth District Oklahoma.
Para. 51.25 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. MINETA: Committee on Public Works and Transportation,
House Concurrent Resolution 236. Resolution authorizing the
1994 Special Olympics Torch Relay to be run through the
Capitol Grounds (Rept. No. 103-510), Referred to the House
Calendar.
Para. 51.26 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BARTLETT of Maryland:
H.R. 4444. A bill to require the Congress to comply with
the laws which it requires others to comply with, and for
other purposes; jointly, to the Committees on House
Administration, Education and Labor, Government Operations,
the Judiciary, Rules, Energy and Commerce, and Ways and
Means.
By Mr. BEREUTER:
H.R. 4445. A bill to amend the Housing Act of 1949 to
authorize the Secretary of Agriculture to guarantee the
repayment of loans made by private lenders for the
development costs of multifamily rental housing for low- and
moderate-income families in rural areas; to the Committee on
Banking, Finance and Urban Affairs.
By Mr. HUGHES:
H.R. 4446. A bill to amend section 1332 of title 28, United
States Code, to require that the plaintiff in a diversity
case not be a resident of the State in which the case is
brought; to the Committee on the Judiciary.
By Mr. MANTON:
H.R. 4447. A bill to amend title I of the Marine
Protection, Research, and Sanctuaries Act of 1972 to clarify
what constitutes an alternative system for the management of
sewage sludge and industrial waste for purposes of section
1048 of that title, and for other purposes; to the Committee
on Merchant Marine and Fisheries.
By Mr. MEEHAN:
H.R. 4448. A bill to amend the act establishing Lowell
National Historical Park, and for other purposes; to the
Committee on Natural Resources.
By Mr. PETERSON of Minnesota (for himself, Mr. Flake,
Mr. Frank of Massachusetts, Mr. Vento, and Mr.
Rangel):
H.R. 4449. A bill to amend part A of title IV of the Social
Security Act to enable States to construct, rehabilitate,
purchase, or rent permanent housing for homeless AFDC
families, using funds that would otherwise be used to provide
emergency assistance for such families; jointly, to the
Committees on Ways and Means and Banking, Finance and Urban
Affairs.
By Mr. REYNOLDS:
H.R. 4450. A bill to amend title 18, United States Code, to
federalize the crime of child molestation; to the Committee
on the Judiciary.
By Mr. ROEMER (for himself, Mr. Zimmer, Mr. Penny, Mr.
Ramstad, Mr. Schumer, Mrs. Roukema, Mr. Klein, Mr.
Upton, Mr. Pomeroy, Mr. Sanders, and Mr. Mann):
H.R. 4451. A bill to terminate the International Space
Station Alpha Program, and to redirect the savings therefrom
to National Aeronautics and Space Administration space and
civil aviation programs; to the Committee on Science, Space,
and Technology.
By Mr. THOMPSON:
H.R. 4452. A bill to designate the post office building at
115 West Chester in Ruleville, MS, as the ``Fannie Lou Hamer
United States Post Office''; to the Committee on Post Office
and Civil Service.
By Mr. STARK:
H.J. Res. 367. Joint resolution to provide a congressional
medal to the courageous citizen who exposed the conspiracy to
murder millions of Americans; to the Committee on Energy and
Commerce.
By Mr. STEARNS:
H. Res. 430. Resolution congratulating the people of India
on the occasion of the 47th anniversary of their nation's
independence; to the Committee on Foreign Affairs.
Para. 51.27 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
387. By the SPEAKER: Memorial of the Senate of the State of
New York, relative to taxes; to the Committee on the
Judiciary.
388. Also, memorial of the Senate of the State of Hawaii,
relative to States with no mandatory motorcycle helmet laws;
to the Committee on Public Works and Transportation.
Para. 51.28 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 65: Mr. Kildee, Mr. Diaz-Balart, and Mr. Torricelli.
H.R. 303: Mr. Gene Green of Texas.
H.R. 393: Mr. Gejdenson.
H.R. 702: Mr. Manzullo.
H.R. 824: Mr. McHugh.
H.R. 1110: Mr. Ravenel.
H.R. 1277: Mr. Bunning.
H.R. 1289: Mr. Edwards of California, Mr. Mineta, and Mr.
Gunderson.
H.R. 1500: Mr. Edwards of California.
H.R. 1823: Ms. Furse, Mr. Jefferson, and Mr. de Lugo.
H.R. 1824: Mr. Gingrich.
H.R. 1897: Mr. McDade, Mr. Markey, Mr. Bilirakis, Mr. Cox,
and Mr. Calvert.
H.R. 1906: Mr. Nadler and Mr. Engel.
H.R. 1968: Mr. Mineta.
H.R. 2460: Mr. Hayes, Mr. Camp, Mr. Clyburn, and Mr.
Sarpalius.
H.R. 2525: Mr. Neal of Massachusetts, Ms. Pryce of Ohio,
Mr. Duncan, and Mr. Bachus of Alabama.
H.R. 2720: Mr. Zeliff.
H.R. 2756: Mr. Fingerhut and Mr. King.
H.R. 2866: Mr. Boehlert and Mr. Meehan.
H.R. 3013: Mr. Montgomery, Mr. Jacobs, Mr. Pastor, Mr.
Bonior, Mr. Dellums, Mrs. Kennelly, Ms. DeLauro, Ms. Harman,
and Ms. Norton.
H.R. 3017: Mr. Beilenson.
H.R. 3173: Mr. Levy.
H.R. 3261: Mr. Ballenger, Mr. Portman, Mr. Ackerman, Mr.
Armey, Mr. Hancock, Mr. Ravenel, Mr. Stenholm, Mr. Cox, Mr.
Applegate, Mr. Horn, Mr. Ramstad, Mr. Inhofe, Mr. Gutierrez,
Mr. Young of Alaska, Mr. Taylor of Mississippi, Mr. Hefley,
Mr. Duncan, Mr. Ortiz, Mr. Mica, Mr. Rohrabacher, Mr.
Sam Johnson, Mr. Gingrich, Mr. Hunter, Mr. Saxton, Mr. Hoke,
[[Page 878]]
Mr. Rogers, Mr. McKeon, Mr. Goodling, Mr. Quillen, Mr.
Weldon, Ms. Pryce of Ohio, Mr. Barcia of Michigan, Mr.
Boehner, Mr. Clinger, Mr. Bilirakis, Mr. DeLay, Mr.
Cunningham, Mr. Packard, Ms. Dunn, Mr. Walker, Mr. Zeliff,
Mr. Hyde, Mr. Sundquist, Mr. Collins of Georgia, Mr.
Boehlert, Mr. Fingerhut, Mr. Dornan, Mr. Tucker, Mr. Hall of
Texas, Mr. Roberts, Mr. Hayes, Mr. Quinn, Mr. Bliley, Mr.
Everett, Mr. Fields of Texas, Mr. Young of Florida, Mr.
Swett, Mr. Kingston, Mr. Baker of Louisiana, Mr. Calvert, Mr.
Flake, Mr. Torkildsen, Mr. McCollum, and Mr. Upton.
H.R. 3523: Ms. Pryce of Ohio and Mr. Grams.
H.R. 3561: Mr. Evans, Mr. Wynn, Mrs. Kennelly, and Mrs.
Clayton.
H.R. 3611: Ms. Roybal-Allard.
H.R. 3633: Mr. Franks of Connecticut, Mr. Sam Johnson, Mr.
Linder, Mr. Pombo, Mr. Ramstad, and Mr. Saxton.
H.R. 3658: Mr. Torres and Mr. Filner.
H.R. 3660: Mr. Royce.
H.R. 3663: Mr. Waxman.
H.R. 3739: Mr. Hutto, Ms. Snowe, Mr. Hyde, Mr.
Sensenbrenner, and Ms. Molinari.
H.R. 3761: Mr. Ballenger, Mr. Portman, Mr. Archer, Mr.
Armey, Mr. Hancock, Mr. Ravenel, Mr. Stenholm, Mr. Cox, Mr.
Applegate, Mr. Horn, Mr. Ramstad, Mr. Inhofe, Mr. Gutierrez,
Mr. Young of Alaska, Mr. Taylor of Mississippi, Mr. Hefley,
Mr. Duncan, Mr. Ortiz, Mr. Mica, Mr. Rohrabacher, Mr. Sam
Johnson, Mr. Gingrich, Mr. Hunter, Mr. Saxton, Mr. Hoke, Mr.
Rogers, Mr. McKeon, Mr. Goodling, Mr. Quillen, Mr. Weldon,
Ms. Pryce of Ohio, Mr. Barcia of Michigan, Mr. Boehner, Mr.
Clinger, Mr. Bilirakis, Mr. DeLay, Mr. Cunningham, Mr.
Packard, Ms. Dunn, Mr. Walker, Mr. Zeliff, Mr. Hyde, Mr.
Sundquist, Mr. Collins of Georgia, Mr. Boehlert, Mr.
Fingerhut, Mr. Dornan, Mr. Tucker, Mr. Hall of Texas, Mr.
Roberts, Mr. Hayes, Mr. Quinn, Mr. Bliley, Mr. Everett, Mr.
Fields of Texas, Mr. Young of Florida, Mr. Swett, Mr.
Kingston, Mr. Levy, Mr. Baker of Louisiana, Mr. Calvert, Mr.
Flake, Mr. Torkildsen, Mr. McCollum, and Mr. Upton.
H.R. 3820: Mr. Horn, Mr. Hoagland, Mr. Manzullo, Mr.
Doolittle, Mr. Skelton, Mr. Camp, Mr. Franks of New Jersey,
Mr. McCrery, Ms. Pryce of Ohio, Mr. Smith of Oregon, Mr.
Porter, Mr. Walker, Mrs. Lloyd, Mrs. Thurman, Mr. Hinchey,
Mr. Canady, Mrs. Fowler, Mr. Gilman, Mrs. Johnson of
Connecticut, Mr. Lewis of California, Ms. Ros-Lehtinen, Mr.
Shaw, Mr. Shays, and Mr. Goss.
H.R. 3875: Mr. Orton, Mr. Knollenberg, Mr. Skelton, Mr.
Traficant, and Mr. Pete Geren of Texas.
H.R. 3939: Mr. Fields of Louisiana, Mr. Smith of New
Jersey, Mr. Paxon, Mr. Towns, Mr. Boehlert, Mr. Richardson,
Mr. Hughes, Mr. Manton, and Mr. Baker of Louisiana.
H.R. 3951: Mr. Inhofe, Mrs. Vucanovich, Mr. McCurdy, Mr.
Zeliff, Mr. Buyer, Mr. Johnson of South Dakota, and Mr.
Lehman.
H.R. 4036: Mr. Zeliff.
H.R. 4095: Mrs. Meyers of Kansas, Mr. Ewing, Mr. Sundquist,
Mr. Talent, and Mr. Hansen.
H.R. 4135: Mr. Applegate, Mr. Coyne, Mr. Boehlert, Ms.
Margolies-Mezvinsky, Ms. Eddie Bernice Johnson of Texas, Mr.
Frank of Massachusetts, Mr. Markey, Mr. Stokes, Mr. Mollohan,
Mrs. Meek of Florida, Mr. Mazzoli, Mr. Smith of Oregon, Mr.
Gonzalez, Mr. Solomon, Mr. McHugh, and Mr. Smith of Texas.
H.R. 4143: Mr. Evans, Mr. Gene Green of Texas, Mr. Clyburn,
Mr. Hinchey, Mr. Rangel, Mr. Washington, Mr. Serrano, and Ms.
Collins of Michigan.
H.R. 4159: Mr. Lewis of Georgia, Mrs. Meek of Florida, Mr.
Clyburn, Mr. Dellums, Ms. Velazquez, Mr. Filner, Mr. Clay,
Mr. Watt, Mr. Evans, Mr. Frost, Mr. Engel, Mr. Serrano, Mr.
Hilliard, and Mr. Rahall.
H.R. 4271: Mr. Meehan, and Mr. Towns.
H.R. 4306: Mr. McHale, Mr. Hughes, Mr. Beilenson, Ms.
Eshoo, and Mr. Sanders.
H.R. 4321: Mr. Sabo, Mr. Boucher, and Mr. Furse.
H.R. 4350: Mr. Grams.
H.R. 4356: Mr. Weldon.
H.R. 4382: Ms. DeLauro.
H.R. 4403: Mr. Hancock and Mr. Hutchinson.
H.J. Res. 1: Ms. Furse, Mrs. Meek of Florida, Mr. Carr, and
Mr. Abercrombie.
H.J. Res. 90: Mr. Livingston and Mr. Solomon.
H.J. Res. 209: Ms. Furse, Mr. Wilson, Mr. Berman, Mr.
Faleomavaega, Mr. Dickey, Mr. Taylor of North Carolina, Mr.
Slattery, Mr. Swett, Mr. Thomas of California, Mr. Miller of
California, Mr. Wyden, and Mr. Coppersmith.
H.J. Res. 233: Mr. Andrews of New Jersey, Mr. Boehlert, Mr.
Greenwood. and Mr. Coble.
H.J. Res. 315: Mrs. Lloyd and Mr. Valentine.
H.R. Res. 320: Mr. McNulty.
H.J. Res. 343: Mr. Martinez, Mr. Ehlers, Mr. McCollum, Mr.
Hochbrueckner, Mr. Andrews of New Jersey, and Mr. Mann.
H.J. Res. 356: Mr. Jacobs, Ms. Furse, Mr. Farr, Mr. Bonior,
and Mr. Gutierrez.
H.J. Res. 359: Mr. Slattery, Mr. Saxton, Mr. McDade, Mrs.
Meyers of Kansas, Mr. Farr, Ms. Velazquez, Mr. Blute, Mr.
Lantos, Mr. Hilliard, and Mr. Walsh.
H.J. Res. 364: Mrs. Meek of Florida, Mr. Clement, Mr.
Stokes, Mr. Flake, Mr. Sam Johnson, and Mr. Lewis of Georgia.
H. Con. Res. 3: Mr. Calvert and Mr. Blute.
H. Con. Res. 148: Mr. Schiff, Mr. Walker, and Mr. Lewis of
California.
H. Con. Res. 215: Mr. Abercrombie, Mr. Ackerman, Mr.
Andrews of New Jersey, Mr. Andrews of Maine, Mr. Applegate,
Mr. Baesler, Mr. Ballenger, Mr. Barca of Wisconsin, Mr.
Barrett of Wisconsin, Mr. Becerra, Mr. Beilenson, Mrs.
Bentley, Mr. Berman, Mr. Bevill, Mr. Bilbray, Mr. Bishop, Mr.
Blackwell, Mr. Bonior, Mr. Brooks, Mr. Browder, Ms. Brown of
Florida, Mr. Brown of California, Mr. Brown of Ohio, Mr.
Bryant, Mr. Burton of Indiana, Mrs. Byrne, Ms. Cantwell, Mr.
Cardin, Mr. Clay, Mr. Clement, Mr. Clyburn, Mr. Coble, Mr.
Coleman, Ms. Collins of Michigan, Mr. Condit, Mr. Conyers,
Mr. Cooper, Mr. Coppersmith, Mr. Costello, Mr. Cox, Mr.
Coyne, Mr. Crane, Mr. Darden, Mr. DeFazio, Mr. de la Garza,
Ms. DeLauro, Mr. Dellums, Mr. de Lugo, Mr. Deutsch, Mr. Diaz-
Balart, Mr. Dickey, Mr. Dicks, Mr. Dixon, Mr. Dooley, Mr.
Doolittle, Mr. Dornan, Mr. Dreier, Mr. Durbin, Mr. Edwards of
Texas, Mr. Edwards of California, Mr. Emerson, Mr. Engel, Mr.
Evans, Mr. Farr, Mr. Fazio, Mr. Fields of Louisiana, Mr.
Fingerhut, Mr. Flake, Mr. Foglietta, Mr. Ford of Tennessee,
Mr. Ford of Michigan, Mr. Frank of Massachusetts, Mr. Franks
of Connecticut, Mr. Frost, Ms. Furse, Mr. Gallegly, Mr.
Gejdenson, Mr. Gephardt, Mr. Pete Geren of Texas, Mr.
Gibbons, Mr. Gilman, Mr. Goodling, Mr. Gene Green of Texas,
Mr. Gunderson, Mr. Gutierrez, Mr. Hall of Ohio, Mr. Hamburg,
Mr. Hansen, Mr. Hastings, Mr. Hayes, Mr. Hefner, Mr.
Hochbrueckner, Mr. Holden, Mr. Horn, Mr. Houghton, Mr. Hoyer,
Mr. Hunter, Mr. Hutto, Mr. Hyde, Mr. Inslee, Mr. Jacobs, Mr.
Jefferson, Mr. Johnson of South Dakota, Mr. Johnston of
Florida, Mr. Kanjorski, Ms. Kaptur, Mr. Kasich, Mr. Kennedy,
Mrs. Kennelly, Mr. Kildee, Mr. Kim, Mr. Klein, Mr. Klink, Mr.
Kopetski, Mr. LaFalce, Mr. Lancaster, Mr. Lantos, Mr.
LaRocco, Mr. Laughlin, Mr. Lehman, Mr. Levy, Mr. Lewis of
Georgia, Mr. Lipinski, Mr. Livingston, Mrs. Lloyd, Ms. Lowey,
Mr. McCloskey, Mr. McDade, Mr. McDermott, Mr. McKeon, Ms.
McKinney, Mr. McNulty, Mr. Manton, Mr. Martinez, Mr. Matsui,
Mr. Mazzoli, Mrs. Meek of Florida, Mr. Menendez, Mr. Miller
of California, Mr. Mineta, Mrs. Mink of Hawaii, Mr. Moakley,
Mr. Montgomery, Mr. Moran, Mr. Murphy, Mr. Murtha, Mr. Myers
of Indiana, Mr. Neal of Massachusetts, Ms. Norton, Mr.
Oberstar, Mr. Ortiz, Mr. Orton, Mr. Owens, Mr. Packard, Mr.
Pallone, Mr. Parker, Mr. Pastor, Mr. Payne of New Jersey, Mr.
Payne of Virginia, Ms. Pelosi, Mr. Peterson of Minnesota, Mr.
Peterson of Florida, Mr. Pickle, Mr. Poshard, Mr. Price of
North Carolina, Mr. Quillen, Mr. Rahall, Mr. Rangel, Mr.
Ravenel, Mr. Reed, Mr. Regula, Mr. Reynolds, Mr. Richardson,
Mr. Roemer, Mr. Rohrabacher, Mr. Romero-Barcelo, Mr. Rose,
Mr. Rowland, Ms. Roybal-Allard, Mr. Rush, Mr. Sabo, Mr.
Sangmeister, Mr. Sarpalius, Mr. Schumer, Mr. Scott, Ms.
Shepherd, Mr. Smith of Oregon, Ms. Snowe, Mr. Solomon, Mr.
Spence, Mr. Spratt, Mr. Stark, Mr. Stokes, Mr. Swett, Mr.
Swift, Mr. Synar, Mr. Tanner, Mr. Tauzin, Mr. Taylor of
Mississippi, Mr. Tejeda, Mr. Torres, Mr. Torricelli, Mr.
Towns, Mr. Traficant, Mr. Tucker, Mr. Underwood, Mrs.
Unsoeld, Mr. Valentine, Ms. Velazquez, Mr. Vento, Mr.
Volkmer, Mrs. Vucanovich, Ms. Waters, Mr. Watt, Mr. Waxman,
Mr. Weldon, Mr. Wheat, Mr. Whitten, Mr. Wolf, Ms. Woolsey,
Mr. Wynn, Mr. Young of Florida, and Mr. Young of Alaska.
H. Res. 255: Mr. McKeon, Mr. McCrery, and Mrs. Clayton.
Para. 51.29 petitions, etc.
Under clause 1 of rule XXII,
94. The SPEAKER: presented a petition of the Council of New
York City, NY, relative to discrimination against women;
which was referred to the Committee on Foreign Affairs.
Para. 51.30 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 3222: Mr. Miller of Florida.
.
THURSDAY, MAY 19, 1994 (52)
The House was called to order by the SPEAKER.
Para. 52.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Wednesday, May 18, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 52.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3211. A letter from the Assistant Administrator,
Environmental Protection Agency, transmitting a report
regarding the latest date available in the Toxics Release
Inventory; to the Committee on Energy and Commerce.
3212. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting a copy of Presidential
Determination No. 94-23, authorizing for furnishing of
assistance
[[Page 879]]
from the Emergency Refugee and Migration Assistance Fund to
meet the urgent needs of Rwanda and Burundi refugees,
returnees, displaced persons, and conflict victims, pursuant
to 22 U.S.C. 2601(c)(3); to the Committee on Foreign Affairs.
3213. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a report on
special nuclear materials in the Commonwealth of Independent
States, pursuant to 22 U.S.C. 5860; to the Committee on
Foreign Affairs.
3214. A letter from the Director, Ballistic Missile Defense
Organization, Department of Defense, transmitting a copy of
Presidential Determination 94-24 certifying that the
representatives of the member nations of NATO and Japan,
Israel, and South Korea were formally presented with a
proposal concerning coordination of U.S. theater missile
defense programs with TMD programs of our friends and allies,
pursuant to Public Law 103-160, section 242; to the Committee
on Foreign Affairs.
Para. 52.3 recess--9:32 a.m.
The SPEAKER, pursuant to the special order agreed to on May 12, 1994,
declared the House in recess at 9 o' clock and 32 minutes a.m., until 11
o'clock a.m.
Para. 52.4 after recess--11:05 a.m.
The SPEAKER pro tempore, Mr. VISCLOSKY, called the House to order.
Para. 52.5 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed a bill of the following title, in which the
concurrence of the House is requested:
S. 1485. An Act to extend certain satellite carrier
compulsory licenses, and for other purposes.
The message also announced that the Senate agreed to the amendments
of the House to the resolution (S.J. Res. 168) ``Joint Resolution
designating May 11, 1994, as `Vietnam Human Rights Day'.''.
Para. 52.6 proceedings during recess
On motion of Mr. WISE, by unanimous consent, the proceedings had
during the recess to receive former Members were ordered to be printed
in the Record.
Para. 52.7 submission of conference report--s. 24
Mr. BROOKS submitted a conference report (Rept. No. 103-511) on the
bill of the Senate (S. 24) to reauthorize the Independent Counsel Law
for an additional 5 years, and for other purposes; together with a
statement thereon, for printing in the Record under the rule.
Para. 52.8 providing for the consideration of h.r. 2108
Ms. SLAUGHTER, by direction of the Committee on Rules, called up the
following resolution (H. Res. 428):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 2108) to make improvements in the Black Lung
Benefits Act. The first reading of the bill shall be
dispensed with. Points of order against consideration of the
bill for failure to comply with section 401(b)(1) of the
Congressional Budget Act of 1974 are waived. General debate
shall be confined to the bill and shall not exceed one hour
equally divided and controlled by the chairman and ranking
minority member of the Committee on Education and Labor.
After general debate the bill shall be considered for
amendment under the five-minute rule for a period not to
exceed three hours (excluding time consumed by recorded votes
and proceedings incidental thereto). It shall be in order to
consider as an original bill for the purpose of amendment
under the five-minute rule an amendment in the nature of a
substitute consisting of the text of H.R. 4415. The amendment
in the nature of a substitute shall be considered as read. At
the conclusion of consideration of the bill for amendment the
Committee shall rise and report the bill to the House with
such amendments as may have been adopted. Any Member may
demand a separate vote in the House on any amendment adopted
in the Committee of the Whole to the bill or to the amendment
in the nature of a substitute made in order as original text.
The previous question shall be considered as ordered on the
bill and amendments thereto to final passage without
intervening motion except one motion to recommit with or
without instructions.
When said resolution was considered.
After debate,
On motion of Ms. SLAUGHTER, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 52.9 black lung benefits
The SPEAKER pro tempore, Mr. RAHALL, pursuant to House Resolution 428
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 2108) to make improvements in the Black Lung Benefits Act.
The SPEAKER pro tempore, Mr. RAHALL, by unanimous consent, designated
Mr. WISE as Chairman of the Committee of the Whole; and after some time
spent therein,
Para. 52.10 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. BOEHNER:
Page 11, beginning in line 22, strike ``subsection (b)''
and insert ``subsections (b) and (c)'' and on page 12 add
after line 6 the following:
(c) Black Lung Disability Trust Fund.--The amendments made
by this Act shall not take effect unless the total
indebtedness of the Black Lung Disability Trust Fund is less
than $600,000,000.
It was decided in the
Yeas
189
<3-line {>
negative
Nays
234
Para. 52.11 [Roll No. 181]
AYES--189
Allard
Archer
Armey
Baker (CA)
Baker (LA)
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bliley
Blute
Boehlert
Boehner
Bonilla
Brewster
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Crane
Crapo
Cunningham
Deal
DeLay
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Herger
Hoagland
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson (GA)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lambert
Laughlin
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Lucas
Machtley
Mann
Manzullo
Margolies-Mezvinsky
McCandless
McCollum
McCrery
McCurdy
McHugh
McKeon
McMillan
Meehan
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Morella
Nussle
Orton
Oxley
Packard
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Pryce (OH)
Ramstad
Ravenel
Regula
Ridge
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Sisisky
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Swett
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Upton
Valentine
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (FL)
Zeliff
Zimmer
NOES--234
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Bachus (AL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bonior
Borski
Boucher
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Durbin
Edwards (CA)
Engel
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Glickman
Gonzalez
Goodling
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Hastings
Hilliard
Hinchey
Hochbrueckner
Holden
Hoyer
Hughes
Hunter
Inslee
Jacobs
Jefferson
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
[[Page 880]]
Lancaster
Lantos
LaRocco
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Manton
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDade
McDermott
McHale
McInnis
McKinney
McNulty
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Moran
Murphy
Murtha
Myers
Nadler
Neal (MA)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Pickle
Poshard
Price (NC)
Quillen
Quinn
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rogers
Romero-Barcelo (PR)
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Sundquist
Swift
Synar
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wise
Woolsey
Wyden
Wynn
Yates
Young (AK)
NOT VOTING--15
Ballenger
Collins (MI)
Cox
Dixon
Emerson
Faleomavaega (AS)
Fish
Grandy
Hefner
Kennedy
Neal (NC)
Parker
Torkildsen
Washington
Wilson
So the amendment was not agreed to.
After some further time,
The Committee rose informally to receive a message from the Senate.
The SPEAKER pro tempore, Mr. RAHALL, assumed the Chair.
Para. 52.12 further message from the senate
A further message from the Senate by Mr. Hallen, one of its clerks,
announced that the Senate had passed a bill of the following title, in
which the concurrence of the House is requested:
S. 2087. An Act to extend the time period for compliance
with the Nutrition Labeling and Education Act of 1990 for
certain food products packaged prior to August 8, 1994.
The Committee resumed its sitting; and after some further time spent
therein,
Para. 52.13 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. FAWELL:
Strike section 3, redesignate sections 4 through 11 as
sections 3 through 10, and on page 12, line 1, strike ``6''
each place it appears and insert ``5''.
It was decided in the
Yeas
181
<3-line {>
negative
Nays
238
Para. 52.14 [Roll No. 182]
AYES--181
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bereuter
Bilirakis
Bliley
Blute
Boehner
Bonilla
Brewster
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chapman
Clinger
Coble
Collins (GA)
Combest
Crane
Crapo
Cunningham
Deal
DeLay
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Goodlatte
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Herger
Hoke
Horn
Houghton
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson (GA)
Johnson, Sam
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Laughlin
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McHugh
McInnis
McKeon
McMillan
Meehan
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Nussle
Orton
Oxley
Packard
Paxon
Penny
Petri
Pickett
Pombo
Porter
Portman
Pryce (OH)
Quillen
Ramstad
Ravenel
Regula
Ridge
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Santorum
Saxton
Schaefer
Schiff
Schumer
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Upton
Valentine
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (FL)
Zeliff
Zimmer
NOES--238
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bentley
Berman
Bevill
Bilbray
Bishop
Blackwell
Boehlert
Bonior
Borski
Boucher
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Holden
Hoyer
Inslee
Jefferson
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDade
McHale
McKinney
McNulty
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Moran
Morella
Murphy
Murtha
Myers
Neal (MA)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Peterson (FL)
Peterson (MN)
Pickle
Pomeroy
Poshard
Price (NC)
Quinn
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rogers
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Spratt
Stark
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Young (AK)
NOT VOTING--19
Brown (CA)
Cox
Dixon
Emerson
Faleomavaega (AS)
Ford (MI)
Goodling
Grandy
McDermott
Michel
Nadler
Neal (NC)
Parker
Pelosi
Romero-Barcelo (PR)
Stokes
Torkildsen
Washington
Williams
So the amendment was not agreed to.
After some further time,
Para. 52.15 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. ARMEY:
Strike section 6 and on page 11, line 22, strike ``(a)
General Rule.--'' and on page 12 strike lines 1 through 6.
It was decided in the
Yeas
176
<3-line {>
negative
Nays
250
Para. 52.16 [Roll No. 183]
AYES--176
Allard
Archer
Armey
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Brewster
Brooks
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
Deal
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Laughlin
Leach
[[Page 881]]
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Myers
Nussle
Oxley
Packard
Paxon
Penny
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Ramstad
Ravenel
Ridge
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Upton
Valentine
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--250
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Bachus (AL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dooley
Durbin
Edwards (CA)
Engel
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDade
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Neal (MA)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Quinn
Rahall
Rangel
Reed
Regula
Reynolds
Richardson
Roemer
Rogers
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--12
Dixon
Emerson
Faleomavaega (AS)
Grandy
Nadler
Neal (NC)
Parker
Pelosi
Romero-Barcelo (PR)
Torkildsen
Vucanovich
Washington
So the amendment was not agreed to.
After some further time,
Para. 52.17 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. BARRETT of
Nebraska:
Add at the end of the bill the following:
SEC. 11. STUDY.
(a) In General.--The Federal Black Lung Advisory Committee,
established under subsection (d) and referred to in this
section as the ``committee'', shall--
(1) examine State workers' compensation laws to determine
the effectiveness of the laws in providing benefits on the
amount of disability or death due to pneumoconiosis, and
(2) evaluate the information collected in conducting the
examination under paragraph (1).
(b) Considerations.--In carrying out subsection (a), the
committee shall consider--
(1) whether a State's law providing monthly benefits for
total disability or death due to a coal miner's
pneumoconiosis in an amount that is comparable to or that
exceeds the amounts payable under the Federal black lung
program under part C of the Black Lung Benefits Act,
(2) whether the State law provides adequate coverage for
health care needs generated by a coal miner's pneumoconiosis,
(3) whether a State's law precludes awards by virtue of
periods of limitation or other provisions that unreasonably
restrict the filing of claims or awards for a coal miner's
pneumoconiosis,
(4) whether the medical or legal criteria for determining
entitlement in a State are fair and reasonable, and
(5) whether a State workers' compensation system
facilitates reasonably prompt awards or settlements.
(c)Report.--The committee shall transmit to the Secretary
of Labor, not later than 12 months after its establishment, a
final report containing a detailed statement of its findings,
conclusions, and recommendations under subsection (a).
(d) Committee Establishment.--The Secretary of Labor shall
establish the Federal Black Lung Advisory Committee with 9
members. The Chairman of the committee and a majority of the
members of the committee shall be appointed by the Secretary
from individuals who have no economic interests in the coal
mining industry and who are not officers, directors,
employees, or representatives of groups organized to assist
claimants in the processing of their claims under the Federal
black lung program under part C of the Black Lung Benefits
Act. Of the 9 members, 2 shall be representatives of labor
and 2 shall be representatives of coal mine operators. 5
members of the committee shall constitute a quorum for the
purpose of doing business. Members of the committee who are
not officers or employees of a Federal, State, or local
government shall be, for each day (including traveltime)
during which they are performing committee business, entitled
to receive compensation at a rate fixed by the Secretary but
not in excess of the daily rate in effect for grade GS-18
under section 5332 of title 5, United States Code, and shall
be entitled to reimbursement for travel, subsistence, and
other necessary expenses.
It was decided in the
Yeas
162
<3-line {>
negative
Nays
265
Para. 52.18 [Roll No. 184]
AYES--162
Allard
Archer
Armey
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Cunningham
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Everett
Ewing
Fawell
Fields (TX)
Fingerhut
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCandless
McCollum
McCrery
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Nussle
Oxley
Packard
Paxon
Penny
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Ramstad
Ravenel
Regula
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--265
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Bachus (AL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bentley
Berman
Bevill
Bilbray
Bishop
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Crapo
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
[[Page 882]]
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Hoke
Holden
Hoyer
Hughes
Hutto
Inslee
Istook
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDade
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Myers
Neal (MA)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Quinn
Rahall
Rangel
Reed
Reynolds
Richardson
Ridge
Roemer
Rogers
Romero-Barcelo (PR)
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--11
Blackwell
Dixon
Emerson
Faleomavaega (AS)
Gibbons
Grandy
Nadler
Neal (NC)
Parker
Stokes
Washington
So the amendment was not agreed to.
After some further time,
Para. 52.19 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. BOEHNER:
Strike section 8 and redesignate sections 9, 10, and 11 as
sections 8, 9, and 10, respectively.
It was decided in the
Yeas
166
<3-line {>
negative
Nays
258
Para. 52.20 [Roll No. 185]
AYES--166
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bereuter
Bilirakis
Bliley
Blute
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
Deal
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Goodlatte
Goss
Grams
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lightfoot
Linder
Livingston
Lucas
Machtley
Mann
Manzullo
Margolies-Mezvinsky
McCandless
McCollum
McCrery
McHugh
McInnis
McKeon
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Nussle
Orton
Oxley
Packard
Paxon
Penny
Petri
Pombo
Porter
Portman
Pryce (OH)
Quinn
Ramstad
Ravenel
Ridge
Roberts
Rohrabacher
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Talent
Taylor (NC)
Thomas (WY)
Torkildsen
Upton
Valentine
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--258
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bentley
Berman
Bevill
Bilbray
Bishop
Blackwell
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Glickman
Gonzalez
Goodling
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Manton
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDade
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Myers
Neal (MA)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Quillen
Rahall
Rangel
Reed
Regula
Reynolds
Richardson
Roemer
Rogers
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--14
Dixon
Emerson
Faleomavaega (AS)
Grandy
Hutto
Lewis (FL)
Markey
McMillan
Nadler
Neal (NC)
Parker
Thomas (CA)
Torres
Washington
So the amendment was not agreed to.
The SPEAKER pro tempore, Mr. de la GARZA, assumed the Chair.
When Mr. WISE, Chairman, pursuant to House Resolution 428, reported
the bill back to the House with an amendment adopted by the Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; REFERENCE
(a) Short Title.--This Act may be cited as the ``Black Lung
Benefits Restoration Act of 1994''.
(b) Reference.--Whenever in this Act (other than section
9(a)(1)) an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Black Lung Benefits Act.
SEC. 2. BENEFIT OVERPAYMENT.
Part C is amended by adding at the end the following:
``Sec. 436 (a) The repayment of benefits paid on a claim
filed under this part before the final adjudication of the
claim shall not be required if the claim was finally denied,
unless fraud or deception was used to procure the payment of
such benefits.
``(b) The trust fund shall refund any payments made to it
as a reimbursement of benefits paid on a claim filed under
this part before the final adjudication of the claim, unless
fraud or deception was used to procure the payment of such
benefits.
``(c) The trust fund shall reimburse an operator for any
benefits paid on a claim filed under this part before the
final adjudication of the claim if the claim was finally
denied.
[[Page 883]]
``(d) If on a claim for benefits filed under this part--
``(1) the Secretary makes an initial determination--
``(A) of eligibility, or
``(B) that particular medical benefits are payable, or
``(2) an award of benefits is made,
the operator found to be the responsible operator under
section 422(h) shall, within 30 days of the date of such
determination or award, commence the payment of monthly
benefits accruing thereafter and of medical benefits that
have been found payable. If an operator fails to timely make
any payment required by an initial determination or by an
award, such determination or award shall be considered final
as of the date of its issuance.''.
SEC. 3. EVIDENCE.
Section 422 (30 U.S.C. 932) is amended by adding at the end
the following:
``(m)(1)(A) During the course of all proceedings on a claim
for benefits under this part, the results of not more than 3
medical examinations offered by the claimant may be received
as evidence to support eligibility for benefits.
``(B) During the course of all proceedings on a claim for
benefits under this part, the responsible operator and the
trust fund--
``(i) may each require, at no expense to the claimant, not
more than one medical examination of the miner, and
``(ii) may not each offer as evidence the results of more
than one medical examination of the miner.
``(C) An administrative law judge may require the miner to
submit to a medical examination by a physician assigned by
the District Director if the administrative law judge
determines that, at any time, there is good cause for
requiring such examination. For purposes of this
subparagraph, good cause shall exist only when the
administrative law judge is unable to determine from existing
evidence whether the claimant is entitled to benefits.
``(D) The complete pulmonary evaluation provided each miner
under section 413(b) and any consultive evaluation developed
by the District Director shall be received into evidence
notwithstanding subparagraph (A) or (B).
``(E) Any record of--
``(i) hospitalization for a pulmonary or related disease,
``(ii) medical treatment for a pulmonary or related
disease, and
``(iii) a biopsy or an autopsy,
may be received into evidence notwithstanding subparagraph
(A) or (B).
``(2) In addition to the medical examinations authorized by
paragraph (1), each party may submit one interpretive medical
opinion (whether presented as documentary evidence or in oral
testimony) reviewing each clinical study or physical
examination (including a consultive reading of a chest
roentgenogram, an evaluation of a blood gas study, and an
evaluation of a pulmonary function study) derived from any
medical examination or contained in a record referred to in
paragraph (1)(E).
``(3) A request for modification of a denied claim under
section 22 of the Longshore and Harbor Workers' Compensation
Act, as made applicable to this Act by subsection (a) of this
section, shall be considered as if it were a new claim for
the purpose of applying the limitations prescribed by
paragraphs (1) and (2).
``(4) The opinion of a miner's treating physician, if
offered in accordance with paragraph (1)(A), shall be given
substantial weight over the opinion of other physicians in
determining the claimant's eligibility for benefits if the
treating physician is board-certified in a specialty relevant
to the diagnosis of total disability or death due to
pneumoconiosis.
``(5) For purposes of this subsection, a medical
examination consists of a physical examination and all
appropriate clinical studies (not including a biopsy or an
autopsy) related to the diagnosis of total disability or
death due to pneumoconiosis.''.
SEC. 4. SURVIVOR BENEFITS.
(a) Death.--Section 422 (30 U.S.C. 932), as amended by
section 3, is amended by adding at the end the following:
``(n) If an eligible survivor files a claim for benefits
under this part and if the miner--
``(1) was receiving benefits for pneumoconiosis pursuant to
a final adjudication under this part, or
``(2) was totally disabled by pneumoconiosis at the time of
the miner's death,
the miner's death shall be considered to have occurred as a
result of the pneumoconiosis.''.
(b) Rules for Widows and Widowers.--Section 422 (30 U.S.C.
932), as amended by subsection (a), is amended by adding at
the end the following:
``(o)(1) A widow or widower of a miner who was married to
the miner for less than 9 months at any time preceding the
miner's death is not qualified to receive survivor benefits
under this part unless the widow or widower was the natural
or adoptive parent of the miner's child.
``(2) The widow or widower of a miner is disqualified to
receive survivor benefits under this part if the widow or
widower remarries before attaining the age of 50.
``(3) A widow or widower may not receive an augmentation in
survivor benefits on any basis arising out of a remarriage of
the widow or widower.''.
SEC. 5. RESPONSIBLE OPERATOR.
Section 422(h) (30 U.S.C. 932(h)) is amended by inserting
``(1)'' after ``(h)'' and by adding at the end the following:
``(2)(A) Prior to issuing an initial determination of
eligibility, the Secretary shall, after investigation,
notice, and a hearing as provided in section 19 of the
Longshore and Harbor Workers' Compensation Act, as made
applicable to this Act by subsection (a) of this section,
determine whether any operator meets the Secretary's criteria
for liability as a responsible operator under this Act. If a
hearing is timely requested on the liability issue, the
decision of the administrative law judge conducting the
hearing shall be issued not later than 120 days after such
request and shall not be subject to further appellate review.
``(B) If the administrative law judge determines that an
operator's request for a hearing on the liability issue was
made without reasonable grounds, the administrative law judge
may assess the operator for the costs of the proceeding (not
to exceed $750).''.
SEC. 6. ATTORNEY FEES.
Section 422 (30 U.S.C. 932), as amended by section 4(b), is
amended by adding at the end the following:
``(p)(1) If in any administrative or judicial proceeding on
a claim for benefits a determination is made that a claimant
is entitled to such benefits, the claimant shall be entitled
to receive all reasonable costs and expenses (including
expert witness and attorney's fees) incurred by the claimant
in such proceeding and in any other administrative or
judicial proceeding on such claim occurring before such
proceeding.
``(2) In the case of a proceeding held with respect to such
claim--
``(A) the person or Board which made the determination that
the claimant is entitled to benefits in an administrative
proceeding and any other person or Board which made a prior
determination in an administrative proceeding on such claim,
or
``(B) the court in the case of a judicial proceeding,
shall determine the amount of all costs and expenses
(including expert witness and attorney's fees) incurred by
the claimant in connection with any such proceeding and shall
assess the operator responsible to the claimant for such
costs and expenses which are reasonable or if there is not an
operator responsible to the claimant, shall assess the fund
for such costs and expenses.
``(3) The determination of such costs and expenses shall be
made within 60 days of the date the claimant submits a
petition for the payment of such costs and expenses to a
person, the Board, or court which made a determination on the
claimant's claim. The person, Board, or court receiving such
petition shall take such action as may be necessary to assure
that such costs and expenses are paid within 45 days of the
date of the determination of such costs and expenses unless a
motion to reconsider--
``(A) the amount of such costs and expenses, or
``(B) the person liable for the payment of such amount,
is pending.
``(4) If an operator pays costs and expenses assessed under
paragraph (1) and if the claimant for whom such costs and
expenses were paid is determined in a later proceeding not to
be eligible for benefits under this part, the fund shall pay
the operator the amount paid for such costs and expenses.
``(5) Section 28(e) of the Longshore and Harbor Workers'
Compensation Act shall apply with respect to any person who
receives costs and expenses which are paid under this
subsection on account of services rendered a claimant.''.
SEC. 7. ADMINISTRATION.
(a) Appeals to the Benefits Review Board.--No appeal of an
order in a proceeding under the Black Lung Benefits Act may
be made by a claimant or respondent to the Benefits Review
Board unless such order has been made by an administrative
law judge.
(b) Acquiescence.--The Secretary of Labor may not delegate
to the Benefits Review Board the authority to refuse to
acquiesce in a decision of a Federal court.
SEC. 8. REFILING.
Any claim filed under the Black Lung Benefits Act after
January 1, 1982, but before the effective date of this Act
prescribed by section 11(a), may be refiled under such Act
after such effective date for a de novo review on the merits.
SEC. 9. DEFINITIONS.
(a) Coke Ovens.--
(1) Federal mine safety and health act of 1977.--Section 3
of the Federal Mine Safety and Health Act of 1977 (30 U.S.C.
802) is amended--
(A) in paragraph (d), by inserting before the semicolon the
following: ``or who operates a coke oven or any machine shop
or other operation reasonably related to the coke oven'',
(B) in paragraph (g), by inserting before the semicolon the
following: ``or working at a coke oven or in any other
operation reasonably related to the operation of a coke
oven'', and
(C) in paragraph (h)(2), by inserting before the semicolon
the following: ``and includes a coke oven and any operation,
structure, or area of land reasonably related to the
operation of a coke oven''.
(2) Black lung benefits act.--The first sentence of section
402(d) (30 U.S.C. 902(d)) is amended by inserting before the
period the following: ``or who works or has worked at a coke
oven or in any other operation reasonably related to the
operation of a coke oven''.
(b) Pneumoconiosis.--Section 402(b) (30 U.S.C. 902(b)) is
amended--
[[Page 884]]
(1) by adding after ``sequelae'' the following: ``which
disease or sequelae is restrictive or obstructive or both'',
and
(2) by striking out ``coal mine'' and inserting in lieu
thereof ``coal mine or coke oven''.
SEC. 10. EFFECTIVE DATES.
(a) General Rule.--Except as provided in subsections (b)
and (c), this Act and the amendments made by this Act shall
take effect October 1, 1994.
(b) Section 5.--The amendment made by section 5 shall apply
only with respect to claims which are filed for the first
time after October 1, 1994, and shall not apply with respect
to any claim which is filed before such date and which is
refiled under section 8 of this Act after such date.
(c) Costs Offset.--The amendments made by this Act shall
not take effect unless the costs of the amendments are fully
offset in each fiscal year through fiscal year 1999 by
changes to the Black Lung Benefits Program.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
Mr. FAWELL moved to recommit the bill to the Committee on Education
and Labor.
By unanimous consent, the previous question was ordered on the motion
to recommit.
The question being put, viva voce,
Will the House recommit said bill?
The SPEAKER pro tempore, Mr. de la GARZA, announced that the nays had
it.
So the motion to recommit was not agreed to.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. de la GARZA, announced that the yeas had
it.
Mr. FAWELL demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
252
<3-line {>
affirmative
Nays
166
Para. 52.21 [Roll No. 186]
AYES--252
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Bachus (AL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bentley
Berman
Bevill
Bilbray
Bishop
Blackwell
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Martinez
Matsui
Mazzoli
McCloskey
McDade
McDermott
McHale
McHugh
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Moran
Morella
Murphy
Murtha
Myers
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Peterson (MN)
Pickle
Porter
Poshard
Price (NC)
Quillen
Quinn
Rahall
Rangel
Reed
Reynolds
Richardson
Ridge
Roemer
Rogers
Ros-Lehtinen
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Tanner
Tejeda
Thompson
Thornton
Thurman
Torricelli
Towns
Traficant
Tucker
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Young (AK)
NOES--166
Allard
Archer
Armey
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bereuter
Bilirakis
Bliley
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
Deal
DeLay
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lambert
Lazio
Leach
Levy
Lewis (CA)
Lightfoot
Linder
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McCurdy
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Nussle
Orton
Oxley
Packard
Paxon
Payne (VA)
Penny
Petri
Pickett
Pombo
Portman
Pryce (OH)
Ramstad
Ravenel
Regula
Roberts
Rohrabacher
Roth
Roukema
Royce
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (WY)
Torkildsen
Upton
Valentine
Vucanovich
Walker
Weldon
Wolf
Young (FL)
Zeliff
Zimmer
NOT VOTING--15
Dixon
Emerson
Grandy
Hoke
Lewis (FL)
Livingston
Markey
Nadler
Neal (NC)
Parker
Pomeroy
Slattery
Thomas (CA)
Torres
Washington
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 52.22 dod appropriations
Mr. HEFNER submitted a privileged report (Rept. No. 103-516) on the
bill (H.R. 4453) making appropriations for military construction for the
Department of Defense for the fiscal year ending September 30, 1995, and
for other purposes.
When said bill and report were referred to the Union Calendar and
ordered printed.
Mrs. VUCANOVICH reserved all points of order against said bill.
Para. 52.23 legislative branch appropriations
Mr. HEFNER submitted a privileged report (Rept. No. 103-517) on the
bill (H.R. 4454) making appropriations for the Legislative Branch for
the fiscal year ending September 30, 1995, and for other purposes.
When said bill and report were referred to the Union Calendar and
ordered printed.
Mr. YOUNG of Florida reserved all points of order against said bill.
Para. 52.24 nutrition labeling and education
On motion of Mr. WAXMAN, by unanimous consent, the bill of the Senate
(S. 2087) to extend the time period for compliance with the Nutrition
Labeling and Education Act of 1990 for certain food products packaged
prior to August 18, 1994; was taken from the Speaker's table.
When said bill was considered, read twice, ordered to be read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 52.25 dod authorization
The SPEAKER pro tempore, Mr. de la GARZA, pursuant to House Resolution
429 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the further consideration
of the bill (H.R. 4301) to authorize appropriations for fiscal year 1995
for mili-
[[Page 885]]
tary activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 1995, and for other purposes.
Mr. DURBIN, Chairman of the Committee of the Whole, resumed the chair;
and after some time spent therein,
Para. 52.26 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. FRANK:
At the end of title X (page 277, after line 2), insert the
following new section:
SEC. 1038. REDUCTION OF UNITED STATES MILITARY FORCES IN
EUROPE.
(a) End Strength Reductions for Military Personnel in
Europe.--Notwithstanding section 1002(c)(1) of the National
Defense Authorization Act, 1985 (22 U.S.C. 1928 note), but
subject to subsection (d), for each of fiscal years 1996,
1997, 1998, and 1999, the Secretary of Defense shall reduce
the end strength level of members of the Armed Forces of the
United States assigned to permanent duty ashore in European
member nations of the North Atlantic Treaty Organization in
accordance with subsection (b).
(b) Reduction Formula.--
(1) Application of Formula.--For each percentage point that
the allied contribution level determined under paragraph (2)
is below the goal specified in subsection (c) as of the end
of a fiscal year, the Secretary of Defense shall reduce the
end strength level of members of the Armed Forces of the
United States assigned to permanent duty ashore in European
member nations of NATO by 1,000 for the next fiscal year. The
reduction shall be made from the end strength level in
effect, pursuant to section 1002(c)(1) of the National
Defense Authorization Act, 1985 (22 U.S.C. 1928 note), and
subsection (a) of this section (if applicable), for the
fiscal year in which the allied contribution level is below
the goal specified in subsection (c).
(2) Allied contribution level.--To determine the allied
contribution level with respect to a fiscal year, the
Secretary of Defense shall calculate the aggregate amount of
nonpersonnel costs for United States military installations
in European member nations of NATO that are assumed during
that fiscal year by such nations, except that the Secretary
may consider only those cash and in-kind contributions by
such nations that replace expenditures that would otherwise
be made by the Secretary using funds appropriated or
otherwise made available in defense appropriations Acts.
(c) Annual Goals for Force Reduction.--In continuing
efforts to enter into revised host-nation agreements as
described in section 1301(e) of National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484;
106 Stat. 2545) and section 1401(c) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
107 Stat. 1824), the President is urged to seek to have
European member nations of NATO assume an increased share of
the nonpersonnel costs of United States military
installations in those nations in accordance with the
following timetable:
(1) By September 30, 1995, 18.75 percent of such costs
should be assumed by those nations.
(2) By September 30, 1996, 37.5 percent of such costs
should be assumed by those nations.
(3) By September 30, 1997, 56.25 percent of such costs
should be assumed by those nations.
(4) By September 30, 1998, 75 percent of such costs should
be assumed by those nations.
(d) Exceptions.--
(1) Minimum end strength authority.--Notwithstanding
reductions required pursuant to subsection (a), the Secretary
of Defense may maintain an end strength of at least 25,000
members of the Armed Forces of the United States assigned to
permanent duty ashore in European member nations of NATO.
(2) Waiver authority.--The President may waive operation of
this section if the President declares an emergency and
immediately informs the Congress of the waiver and the
reasons for the waiver.
(e) Allocation of Force Reductions.--To the extent that
there is a reduction in end strength level for any of the
Armed Forces in European member nations of NATO in a fiscal
year pursuant to subsection (a)--
(1) half of the reduction shall be used to make a
corresponding reduction in the authorized end strength level
for active duty personnel for such Armed Force for that
fiscal year; and
(2) half of the reduction shall be used to make a
corresponding increase in permanent assignments or
deployments of forces in the United States or other nations
(other than European member nations of NATO) for each such
Armed Force for that fiscal year, as determined by the
Secretary of Defense.
(f) Nonpersonnel Costs Defined.--For purposes of this
section, the term ``nonpersonnel costs'', with respect to
United States military installations in European member
nations of NATO, means costs for those installations other
than costs paid from military personnel accounts.
It was decided in the
Yeas
268
<3-line {>
affirmative
Nays
144
Para. 52.27 [Roll No. 187]
AYES--268
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bachus (AL)
Barca
Barcia
Barrett (WI)
Becerra
Beilenson
Bentley
Berman
Bilirakis
Blackwell
Blute
Boehlert
Boehner
Bonior
Borski
Boucher
Brewster
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Callahan
Calvert
Camp
Cantwell
Carr
Chapman
Clayton
Clement
Coble
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Costello
Coyne
Crane
Crapo
Cunningham
Danner
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dooley
Doolittle
Dreier
Duncan
Durbin
Edwards (CA)
Ehlers
Engel
English
Eshoo
Evans
Ewing
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Gilchrest
Gillmor
Glickman
Goodlatte
Goodling
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hancock
Hayes
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Hoyer
Hughes
Hutchinson
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
Kleczka
Klein
Klink
Klug
Kopetski
Kreidler
Lambert
Lantos
LaRocco
Laughlin
Leach
Lehman
Lewis (GA)
Lightfoot
Lipinski
Long
Lowey
Machtley
Maloney
Manton
Manzullo
Margolies-Mezvinsky
Martinez
McCandless
McCloskey
McDermott
McInnis
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Morella
Neal (MA)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Orton
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Penny
Peterson (MN)
Petri
Pickle
Pombo
Pomeroy
Portman
Poshard
Pryce (OH)
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Ridge
Roemer
Rogers
Rohrabacher
Rose
Rostenkowski
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schaefer
Schenk
Schiff
Schroeder
Schumer
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Slaughter
Smith (NJ)
Snowe
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Synar
Tauzin
Taylor (NC)
Thomas (WY)
Thompson
Thornton
Thurman
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Volkmer
Waters
Watt
Waxman
Wheat
Williams
Wise
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zimmer
NOES--144
Archer
Armey
Bacchus (FL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bereuter
Bevill
Bilbray
Bishop
Bliley
Bonilla
Browder
Bunning
Burton
Buyer
Canady
Castle
Clinger
Clyburn
Collins (GA)
Combest
Coppersmith
Cox
Cramer
Darden
DeLay
Diaz-Balart
Dickey
Dicks
Dingell
Dornan
Dunn
Edwards (TX)
Everett
Fields (TX)
Fowler
Franks (CT)
Gallo
Geren
Gibbons
Gilman
Gingrich
Gonzalez
Goss
Grams
Greenwood
Gunderson
Hamilton
Hansen
Hastert
Hastings
Hefley
Houghton
Huffington
Hunter
Hutto
Hyde
Inglis
Inhofe
Johnson (GA)
Johnson, Sam
Kanjorski
King
Kingston
Knollenberg
Kolbe
Kyl
LaFalce
Lancaster
Lazio
Levin
Levy
Lewis (CA)
Linder
Lloyd
Lucas
Mann
Mazzoli
McCrery
McDade
McHale
McHugh
McKeon
McMillan
Michel
Molinari
Mollohan
Montgomery
Moorhead
Moran
Murphy
Murtha
Myers
Ortiz
Oxley
Packard
Paxon
Payne (VA)
Peterson (FL)
Pickett
Porter
Price (NC)
Quillen
Richardson
Roberts
Ros-Lehtinen
Rowland
Sarpalius
Saxton
Scott
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (MI)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Swift
Talent
Tanner
Taylor (MS)
Tejeda
Torkildsen
Underwood (GU)
Visclosky
Vucanovich
Walker
Walsh
Weldon
Wolf
Zeliff
NOT VOTING--26
Barlow
Cardin
Clay
Dixon
Emerson
Faleomavaega (AS)
Grandy
Harman
Lewis (FL)
Livingston
Markey
Matsui
McCollum
McCurdy
Nadler
Neal (NC)
Parker
Romero-Barcelo (PR)
Santorum
Slattery
[[Page 886]]
Smith (IA)
Thomas (CA)
Torres
Washington
Whitten
Wilson
So the amendment was agreed to.
After some further time,
The SPEAKER pro tempore, Mr. COPPERSMITH, assumed the Chair.
When Mr. DURBIN, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
Para. 52.28 committee resignation--majority
The SPEAKER pro tempore, Mr. COPPERSMITH, laid before the House the
following communication, which was read as follows:
House of Representatives,
Washington, DC, February 10, 1994.
Hon. Thomas S. Foley,
The Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: I hereby submit my temporary resignation
as a Member of the Committee on Science, Space, and
Technology in order to serve on the Committee on the Budget.
It is my understand that my seniority status on the Committee
on Science, Space, and Technology will be protected during my
tenure on the Budget Committee.
Sincerely,
Lynn C. Woolsey.
By unanimous consent, the resignation were accepted.
Para. 52.29 committee resignation--majority
The SPEAKER pro tempore, Mr. COPPERSMITH, laid before the House the
following communication, which was read as follows:
House of Representatives,
Washington, DC, May 12, 1994.
Hon. Thomas S. Foley,
Speaker of the House of Representatives, Washington, DC.
Dear Mr. Speaker: I hereby submit my temporary resignation
as a member of the Committee on Science, Space and Technology
in order that I may serve on the Committee on the Budget. It
is my understanding that my seniority status on the Committee
on Science, Space and Technology will be protected during my
tenure on the Budget Committee.
Sincerely,
Glen Browder.
By unanimous consent, the resignation was accepted.
Para. 52.30 committees membership--majority
The SPEAKER pro tempore, Mr. COPPERSMITH, by unanimous consent,
announced that the Democratic membership of the Committee on
Agriculture, the Committee on Merchant Marine and Fisheries, the
Committee on Natural Resources and the Committee on Science, Space, and
Technology, was revised as follows:
Committee on Agriculture
E de la Garza, TX, Chairman.
George E. Brown, Jr., CA.
Charlie Rose, NC.
Dan Glickman, KS.
Charles W. Stenholm, TX.
Harold L. Volkmer, MO.
Timothy J. Penny, MN.
Tim Johnson, SD.
Bill Sarpalius, TX.
Jill L. Long, IN.
Gary A. Condit, CA.
Collin C. Peterson, MN.
Calvin M. Dooley, CA.
Eva M. Clayton, NC.
David Minge, MN.
Earl F. Hillard, AL.
Jay Inslee, WA.
Thomas J. Barlow, III, KY.
Earl Pomeroy, ND.
Tim Holden, PA.
Cynthia A. McKinney, GA.
Scotty Baesler, KY.
Karen L. Thurman, FL.
Sanford D. Bishop, Jr., GA.
Bennie G. Thompson, MS.
Sam Farr, CA.
Pat Williams, MT.
Blanche M. Lambert, AR.
Committee on Merchant Marine and Fisheries
Gerry E. Studds, MA, Chairman.
William J. Hughes, NJ.
Earl Hutto, FL.
W.J. (Billy) Tauzin, LA.
William O. Lipinski, IL.
Solomon P. Ortiz, TX.
Thomas J. Manton, NY.
Owen B. Pickett, VA.
George J. Hochbrueckner, NY.
Frank Pallone, Jr., NJ.
Greg Laughlin, TX.
Jolene Unsoeld, WA.
Gene Taylor, MS.
Jack Reed, RI.
H. Martin Lancaster, NC.
Thomas H. Andrews, ME.
Elizabeth Furse, OR.
Lynn Schenk, CA.
Gene Green, TX.
Alcee L. Hastings, FL.
Dan Hamburg, CA.
Blanche M. Lambert, AR.
Anna G. Eshoo, CA.
Thomas J. Barlow III, KY.
Bart Stupak, MI.
Bennie G. Thompson, MS.
Maria Cantwell, WA.
Peter Duetsch, FL.
Gary L. Ackerman, NY.
Committee on Natural Resources
George Miller, CA, Chairman.
Philip R. Sharp, IN.
Edward J. Markey, MA.
Austin, J. Murphy, PA.
Nick J. Rahall II, WV
Bruce F. Vento, MN.
Pat Williams, MT.
Ron De Lugo, VI.
Sam Gejdenson, CT.
Richard H. Lehman, CA.
Bill Richardson, NM.
Peter A. DeFazio, OR.
Eni F.H. Faleomavaega, AS.
Tim Johnson, SD.
Larry LaRocco, ID.
Neil Abercrombie, HI.
Calvin M. Dooley, CA.
Carlos A. Romero-Barcelo, PR.
Karan English, AZ.
Karen Shepherd, UT.
Nathan Deal, GA.
Maurice D. Hinchey, NY.
Robert A. Underwood, GU.
Sam Farr, CA.
Lane Evans, IL.
Patsy T. Mink, HI.
Thomas J. Barlow III, KY.
Thomas M. Barrett, WI.
Committee on Science, Space, and Technology
George E. Brown, Jr., CA, Chairman.
Marilyn Lloyd, TN.
Dan Glickman, KS.
Harold L. Volkmer, MO.
Ralph M. Hall, TX.
Dave McCurdy, OK.
Tim Valentine, NC.
Robert G. Torricelli, NJ.
Rick Boucher, VA.
James A. Traficant, Jr., OH.
James A. Hayes, LA.
John S. Tanner, TN.
Pete Geren, TX.
Jim Bacchus, FL.
Tim Roemer, IN.
Robert E. (Bud) Cramer, Jr., AL.
Dick Swett, NH.
James A. Barcia, MI.
Herb Klein, NJ.
Eric Fingerhut, OH.
Paul McHale, PA
Jane Harman, CA.
Don Johnson, GA.
Sam Coppersmith, AZ.
Anna G. Eshoo, CA.
Jay Inslee, WA.
Eddie Bernice Johnson, TX.
David Minge, MN.
Peter W. Barca, WI.
Nathan Deal, GA.
Robert C. Scott, VA.
Xavier Becerra, CA.
Bobby L. Rush, IL.
Para. 52.31 enrolled bill signed
Mr. ROSE, from the Committee on House Administration, reported that
that committee had examined and found truly enrolled a bill of the House
of the following title, which was thereupon signed by the Speaker.
H.R. 2139. An Act to authorize appropriations for the
National Historical Publications and Records Commission for
fiscal years 1994, 1995, 1996, and 1997.
Para. 52.32 senate enrolled bill and joint resolution signed
The SPEAKER announced his signature to an enrolled bill and a joint
resolution of the Senate of the following title:
S. 2024. An Act to provide temporary obligational authority
for the airport improvement program and to provide for
certain airport fees to be maintained at existing levels for
up to 60 days, and for other purposes.
S.J. Res. 168. Joint resolution designating May 11, 1994 as
``Vietnam Human Rights Day.''
Para. 52.33 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. COX, until 3 p.m. today;
To Mr. TORKILDSEN, until 4 p.m. today;
To Mr. FALEOMAVAEGA, for today and May 20;
To Mr. NADLER, after 2 p.m. today; and
To Mr. NEAL of North Carolina, for today and May 20.
And then,
Para. 52.34 adjournment
On motion of Mr. MENENDEZ, at 8 o'clock and 21 minutes p.m., the House
adjourned.
Para. 52.35 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. BROWN of California: Committee on Science, Space, and
Technology. H.R. 1432. A
[[Page 887]]
bill to establish missions for Department of Energy research
and development laboratories, provide for the evaluation of
laboratory effectiveness in accomplishing such missions, and
reorganize and consolidate Department of Energy technology
transfer activities, and for other purposes; with an
amendment (Rept. No. 103-484 Pt. 2) Referred to the Committee
of the Whole House on the State of the Union.
Mr. BROOKS: Committee of Conference. Conference report on
S. 24, an act to reauthorize the Independent Counsel Law for
an additional 5 years, and for other purposes (Rept. No. 103-
511). Ordered to be printed.
Mr. MINETA: Committee on Public Works and Transportation.
H.R. 1638. A bill to amend the Excellence in Mathematics,
Science, and Engineering Education Act of 1990 to establish
the National Academy of Science, Space, and Technology at
State universities, to expand the scholarship program
associated with such academy, to direct the Administrator of
General Services to construct a public building to provide
space for the headquarters of such academy, and for other
purposes; with an amendment (Rept. No. 103-512, Pt. 1).
Ordered to be printed.
Mr. MINETA: Committee on Public Works and Transportation.
H.R. 3724. A bill to designate the U.S. courthouse located in
Bridgeport, CT, as the ``Brien McMahon Federal Building''
(Rept. No. 103-513). Referred to the House Calendar.
Mr. MINETA: Committee on Public Works and Transportation.
H.R. 3840. A bill to designate the Federal building and U.S.
courthouse located at 100 East Houston Street in Marshall,
TX, as the ``Sam B. Hall, Jr. Federal Building and United
States Courthouse'' (Rept. No. 103-514). Referred to the
House Calendar.
Mr. MINETA: Committee on Public Works and Transportation.
House Concurrent Resolution 238. Resolution authorizing the
use of the Capitol grounds for the Greater Washington Soap
Box Derby (Rept. No. 103-515). Referred to the House
Calendar.
Mr. HEFNER: Committee on Appropriations. H.R. 4453. A bill
making appropriations for military construction for the
Department of Defense for the fiscal year ending September
30, 1995, and for other purposes (Rept. No. 103-516).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. FAZIO: Committee on Appropriations. H.R. 4454. A bill
making appropriations for the legislative branch for the
fiscal year ending September 30, 1995, and for other purposes
(Rept. No. 103-517). Referred to the Committee of the Whole
House on the State of the Union.
Mr. MINETA: Committee on Public Works and Transportation.
H.R. 4385. A bill to amend title 23, United State Code, to
designate the National Highway System, and for other
purposes; with an amendment (Rept. No. 103-519). Referred to
the Committee of the Whole House on the State of the Union.
Mr. MONTGOMERY: Committee on Veterans' Affairs. H.R. 4425.
A bill to authorize major medical facility construction
projects for the Department of Veterans Affairs for fiscal
year 1995, to revise and improve veterans' health programs,
and for other purposes (Rept. No. 103-518). Referred to the
Committee of the Whole House on the State of the Union.
Para. 52.36 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. HEFNER:
H.R. 4453. A bill making appropriations for military
construction for the Department of Defense for the fiscal
year ending September 30, 1995, and for other purposes.
By Mr. FAZIO:
H.R. 4454. A bill making appropriations for the legislative
branch for the fiscal year ending September 30, 1995, and for
other purposes.
By Mr. BEREUTER:
H.R. 4455. A bill to authorize the Export-Import Bank of
the United States to provide financing for the export of
nonlethal defense articles and defense services the primary
end use of which will be for civilian purposes; to the
Committee on Banking, Finance and Urban Affairs.
By Mr. JEFFERSON:
H.R. 4456. A bill A bill to amend title 10, United States
Code, to give a priority to the States for the transfer of
nonlethal excess supplies of the Department of Defense; to
the Committee on Armed Services.
By Mr. SAM JOHNSON:
H.R. 4457. A bill to amend the Balanced Budget and
Emergency Deficit Control Act of 1985 to provide special
look-back treatment for emergency appropriations, and for
other purposes; jointly, to the Committees on Government
Operations and Rules.
By Mr. KOLBE (for himself, Mr. Kopetski, Mr. Dreier,
Mr. Livingston, Mr. Hyde, Mrs. Johnson of
Connecticut, Mr. Gilchrest, Mr. McCrery, Mr. Ehlers,
Mr. Horn, and Mr. Portman):
H.R. 4458. A bill to promote United States industry and
technology in competition with Japan; to the Committee on
Foreign Affairs.
By Mr. McNULTY:
H.R. 4459. A bill to provide for retroactive award of the
Navy Combat Action Ribbon based upon participation in ground
or surface combat as a member of the Navy or Marine Corps
during the period between July 4, 1943, and March 1, 1961; to
the Committee on Armed Services.
By Mr. MINETA (for himself and Mr. Applegate). (Both by
request):
H.R. 4460. A bill to provide for conservation and
development of water and related resources, to authorize the
Secretary of the Army to construct various projects for
improvements to rivers and harbors of the United States, and
for other purposes; to the Committee on Public Works and
Transportation.
By Mr. OWENS (for himself, Mr. Williams, and Mr.
Martinez):
H.R. 4461. A bill to provide grants to partnerships to
encourage work force diversity in order to improve the
working conditions of all individuals in the United States
and to help organizations compete more effectively both
domestically and internationally, and for other purposes; to
the Committee on Education and Labor.
By Mr. RICHARDSON (for himself and Mr. Thomas of
Wyoming):
H.R. 4462. A bill to provide for administrative procedures
to extend Federal recognition to certain Indian groups, and
for other purposes; to the Committee on Natural Resources.
By Mr. STUDDS:
H.R. 4463. A bill to provide for studies in order to
establish a basis for evaluating the impact of health care
reform; jointly, to the Committees on Energy and Commerce and
Ways and Means.
Para. 52.37 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 65: Ms. Danner and Mr. Lightfoot.
H.R. 408: Mr. Bilirakis.
H.R. 417: Mr. Thomas of Wyoming.
H.R. 488: Mr. Pete Geren of Texas and Mr. Frost.
H.R. 885: Mr. Kingston.
H.R. 896: Ms. Molinari.
H.R. 1314: Mr. Zeliff.
H.R. 1487: Mr. Bachus of Alabama.
H.R. 1493: Mr. Shays.
H.R. 1606: Mr. Shays.
H.R. 1671: Mr. Moran and Mr. Kyl.
H.R. 1736: Mr. Stupak and Mr. Inglis of South Carolina.
H.R. 1843: Mr. Kim.
H.R. 1945: Mr. Sanders, Mr. Barca of Wisconsin, Mr.
Glickman, and Mr. Coble.
H.R. 2292: Mr. Holden and Mr. Bacchus of Florida.
H.R. 2394: Mr. Abercrombie and Mr. Hilliard.
H.R. 2395: Mr. Abercrombie and Mr. Hilliard.
H.R. 2623: Mr. Neal of Massachusetts, Mr. Klink, Mr.
Istook, Mr. Royce, and Mr. Dellums.
H.R. 2649: Mr. Gejdenson.
H.R. 2736: Ms. Roybal-Allard.
H.R. 2741: Ms. Slaughter.
H.R. 3173: Mr. Ridge, Mr. Gingrich, Mrs. Meyers of Kansas,
and Mr. Crane.
H.R. 3396: Mr. Zeliff.
H.R. 3439: Mr. Zeliff.
H.R. 3440: Mr. Wilson and Mr. Waxman.
H.R. 3486: Mr. Santorum, Mr. Quillen, Mr. Royce, Mr.
Schaefer, Mr. Livingston, and Mr. Frost.
H.R. 3519: Mr. Emerson and Mr. Martinez.
H.R. 3671: Mr. Ackerman and Ms. Velazquez.
H.R. 3738: Ms. Roybal-Allard and Mr. Kildee.
H.R. 3797: Mr. Inglis of South Ccrolina and Mr. Smith of
Texas.
H.R. 3820: Mr. Shuster, Mr. Bliley, Mrs. Morella, Mr.
Richardson, Mr. Franks of Connecticut, Mr. Gallegly, Mr.
Gunderson, Mr. Kyl, Mr. McKeon, Mr. Smith of New Jersey, Mr.
Upton, Mr. Wolf, Mr. Traficant, and Mr. Clyburn.
H.R. 3897: Mr. Schumer, Mr. Farr, Mr. Miller of California,
Mr. Edwards of California, Ms. Woolsey, and Mr. Lipinski.
H.R. 3970: Mr. Rangel, Mr. Sundquist, and Mr. Matsui.
H.R. 4047: Mr. Lipinski, Mr. Rush, Mr. Sangmeister, and Mr.
Yates.
H.R. 4050: Ms. McKinney.
H.R. 4051: Mr. Dellums, Mr. Traficant, and Ms. Eshoo.
H.R. 4057: Mr. Walsh, Mr. Fawell, Mr. Hoekstra, Ms.
Molinari, Mr. Armey, Mr. Rowland, Mr. Deal, Mr. Hayes, Mr.
McCurdy, Mr. Montgomery, and Mr. Stump.
H.R. 4064: Mr. Gejdenson.
H.R. 4065: Mr. Gejdenson.
H.R. 4074: Mr. Stump, Mr. Lipinski, Mr. Manton, Mr. Dixon,
Mr. Bonior, and Mrs. Meyers of Kansas.
H.R. 4095: Mr. Doolittle, Mr. Paxon, and Mr. Canady.
H.R. 4189: Mr. Camp, Mr. Santorum, and Mr. Oxley.
H.R. 4198: Mr. Barton of Texas.
H.R. 4251: Mr. Murtha and Mr. Evans.
H.R. 4258: Mr. Fingerhut.
H.R. 4260: Mr. Andrews of New Jersey, Mr. Nadler, and Mr.
Lewis of Georgia.
H.R. 4314: Mr. Frost, Mr. Olver, Mrs. Unsoeld, Mr.
Richardson, Mr. Edwards of California, and Mr. Williams.
H.R. 4317: Mr. Rangel.
H.R. 4318: Mrs. Clayton.
H.R. 4345: Mr. Fingerhut and Mr. Bachus of Alabama.
H.R. 4349: Mr. Edwards of California, Mr. Olver, Ms.
Woolsey, Mr. Waxman, and Mr. Miller of California.
H.R. 4358: Mr. Michel, Mr. Gilman, Mr. Hansen, Mr. Wilson,
Mr. Stump, and Mrs. Meyers of Kansas.
H.R. 4365: Mr. Talent and Mr. Canady.
H.R. 4000: Mr. Poshard and Mr. Romero-Barcelo.
[[Page 888]]
H.R. 4419: Ms. Molinari.
H.R. 4425: Mr. Montgomery, Mr. Stump, Mr. Hefner, Mr.
Richardson, Mr. Stenholm, Mr. Payne of Virginia, and Mr.
Parker.
H.J. Res. 44: Mr. Roth.
H.J. Res. 209: Mr. McCloskey, Mr. Tauzin, Mr. Johnson of
South Dakota, Ms. Molinari, Mr. Darden, Mr. Young of Alaska,
Mr. Applegate, Mr. Hall of Texas, Ms. Slaughter, Mr. Bartlett
of Maryland, and Mr. Hoekstra.
H.J. Res. 287: Mr. McNulty, Mr. Sabo, Mr. Vento, Mr.
Sawyer, Mr. Talent, Mr. Foglietta, Mr. Visclosky, Mr. Levin,
Mr. Klink, Mr. Lewis of Florida, Mr. Kanjorski, and Mrs.
Thurman.
H.J. Res. 315: Ms. Kaptur, Ms. Pryce of Ohio, and Mr.
Martinez.
H.J. Res. 318: Mr. Pete Geren of Texas, Ms. Norton, Mr.
Gene Green of Texas, Mr. Myers of Indiana, Mr. Dingell, Mr.
Andrews of Texas, Mr. Calvert, Ms. Pryce of Ohio, Mr. Engel,
and Mr. Rowland.
H.J. Res. 347: Mr. Lipinski, Mr. Pete Geren of Texas, Mrs.
Meek of Florida, Mr. Saxton, Mr. Klein, Mrs. Byrne, Mr.
Solomon, Mr. Lewis of California, Mr. Smith of Texas, and Ms.
Molinari.
H.J. Res. 356: Mr. Martinez, Mr. Dellums, Mr. Conyers, and
Mr. Hilliard.
H. Con. Res. 152: Mrs. Meyers of Kansas.
H. Con. Res. 166: Mr. Portman and Mr. Baker of Louisiana.
H. Con. Res. 210: Mr. Bartlett of Maryland.
H. Con. Res. 223: Mr. Levin, Mr. Gutierrez, Mr. Bilbray,
Mr. Hinchey, Mr. Hoch- brueckner, and Mr. Hilliard.
H. Con. Res. 227: Mr. Doolittle.
H. Con. Res. 245: Mr. Dreier, Mr. McKeon, Mr. Bachus of
Alabama, Mr. Torkildsen, Mr. Solomon, Mr. Bonilla, Mr. Pombo,
Mr. Kim, Mr. Ewing, Mr. Miller of Florida, Mr. Filner, Mr.
Blute, and Mr. Lipinski.
H. Res. 234: Mr. Flake.
H. Res. 291: Mr. Stump and Mr. Cox.
H. Res. 368: Mr. Flake, Mr. Portman, Mr. Ford of Tennessee,
and Mr. Hilliard.
H. Res. 381: Mr. Hastert.
H. Res. 424: Mr. Greenwood, Mr. Calvert, Mr. Rowland, and
Mr. Smith of New Jersey.
.
FRIDAY, MAY 20, 1994 (53)
The House was called to order by the SPEAKER.
Para. 53.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Thursday, May 19, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 53.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3215. A letter from the Deputy Under Secretary
(Environmental Security), Department of Defense, transmitting
a report on the Environmental Compliance for the Department
for fiscal years 1995 through 1999, pursuant to 10 U.S.C.
2706(b); to the Committee on Armed Services.
3216. A letter from the Secretary of Energy, transmitting a
report concerning the Defense Nuclear Facilities Safety Board
Recommendation 93-6; to the Committee on Armed Services.
3217. A communication from the President of the United
States, transmitting his determination that it is essential
to our national security to continue draft registration and
the Selective Service System; to the Committee on Armed
Services.
3218. A letter from the Secretary, Department of Energy,
transmitting the final report of the Insular Area Energy
Vulnerability Study, pursuant to Public Law 102-486, section
1406(a) (106 Stat. 2995); to the Committee on Energy and
Commerce.
3219. A letter from the Secretary of Health and Human
Services, transmitting a report on the appropriate Federal
role in assuring access by medical students, residents, and
practicing physicians to adequate training in nutrition,
pursuant to Public Law 101-445, section 302; to the Committee
on Energy and Commerce.
3220. A letter from the Attorney General, transmitting the
1993 Annual Report for the Federal Prison Industries, Inc.,
pursuant to 31 U.S.C. 9106(A); to the Committee on Government
Operations.
3221. A letter from the Privacy Officer, Interstate
Commerce Commission, transmitting a report of activities
under the Freedom of Information Act for calendar year 1993,
pursuant to 5 U.S.C. 552(d); to the Committee on Government
Operations.
3222. A letter from the Administrator, General Services
Administration, transmitting informational copies of various
lease prospectuses, pursuant to 40 U.S.C. 606(a); to the
Committee on Public Works and Transportation.
3223. A letter from the Secretary of Transportation,
transmitting a draft of proposed legislation to amend section
13 of the act of May 14, 1954, Public Law 358 (33 U.S.C.
988A) as amended by section 805(a)(4) of title XIV of the
Water Resources Act of 1986, Public Law 99-662 (100 Stat.
4372) to waive collection of charges or tolls by the Saint
Lawrence Seaway Development Corporation; to the Committee on
Public Works and Transportation.
3224. A letter from the Secretary of Veterans Affairs,
transmitting a draft of proposed legislation to amend title
38, United States Code, to make discretionary the financial
reporting requirements applicable to recipients of certain
need-based benefits; to the Committee on Veterans' Affairs.
3225. A letter from the Chairman, Nuclear Regulatory
Commission, transmitting a report on the nondisclosure of
safeguards information for the quarter ending March 31, 1994,
pursuant to 42 U.S.C. 2167(e); jointly, to the Committees on
Energy and Commerce and Natural Resources.
3226. A letter from the Secretary of Energy, transmitting a
comprehensive report on the Clean Coal Technology Program
entitled ``Coal Diesel Combined-Cycle Project,'' pursuant to
Public Law 102-154; jointly, to the Committees on Energy and
Commerce; Science, Space, and Technology; and Appropriations.
3227. A letter from the Secretary of Defense, transmitting
the Semi-Annual Report on Program Activities for Facilitation
of Weapons Destruction and Non-proliferation in the Former
Soviet Union, pursuant to Public Law 103-160, section 1207
and Public Law 103-139; jointly, to the Committees on Foreign
Affairs, Armed Services, and Appropriations.
Para. 53.3 order of business--consideration of amendments--h.r. 4301
On motion of Mr. DELLUMS, by unanimous consent,
Ordered, That during further consideration of the bill (H.R. 4301) to
authorize appropriations for fiscal year 1995 for military activities of
the Department of Defense, to prescribe military personnel strengths for
fiscal year 1995, and for other purposes, in the Committee of the Whole
on the state of the Union the debate time for amendments numbered 16,
17, and 18, printed in part 1 of House Report 103-509, is increased for
each amendment from 10 minutes, as provided by section 2 of House
Resolution 429, to 20 minutes to be equally divided and controlled by
the proponent of each amendment and a Member opposed.
Para. 53.4 dod authorization
The SPEAKER pro tempore, Mr. BILBRAY, pursuant to House Resolution 429
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 4301) to authorize appropriations for fiscal year 1995
for military activities of the Department of Defense, to prescribe
military personnel strengths for fiscal year 1995, and for other
purposes.
Mr. RAHALL, Acting Chairman, assumed the chair; and after some time
spent therein,
Para. 53.5 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. DICKS:
Page 19, line 4, insert ``(a) Limitation.--'' before ``The
Secretary of the Navy may not''.
Page 19, after line 6, insert the following:
(b) Waiver Authority.--If the Secretary of Defense
determines that adherence to the prohibition in subsection
(a) would result in a significant national security risk to
the United States, the Secretary may waive that prohibition.
Such a waiver may not take effect until the Secretary submits
to Congress a certification of that determination and of the
reasons for that determination.
It was decided in the
Yeas
226
<3-line {>
affirmative
Nays
169
Para. 53.6 [Roll No. 188]
AYES--226
Allard
Applegate
Archer
Armey
Bachus (AL)
Baesler
Baker (LA)
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilirakis
Bishop
Bliley
Blute
Boehner
Bonilla
Borski
Brewster
Browder
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cantwell
Carr
Castle
Chapman
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Combest
Cooper
Costello
Cox
Cramer
Crapo
Cunningham
Darden
de la Garza
de Lugo (VI)
Deal
DeLay
Diaz-Balart
Dickey
Dicks
Doolittle
Dornan
Dreier
Dunn
Ehlers
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Frost
Gallegly
Gallo
Gejdenson
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodling
Goss
Greenwood
Gunderson
Hall (TX)
Hamilton
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Hilliard
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Horn
Houghton
Hoyer
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Johnson (GA)
Johnson, E. B.
Johnson, Sam
Kaptur
Kasich
Kennelly
Kim
King
[[Page 889]]
Kingston
Kleczka
Klein
Knollenberg
Kyl
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Levy
Lightfoot
Linder
Lloyd
Long
Lucas
Manton
Manzullo
Matsui
Mazzoli
McCandless
McCloskey
McCrery
McCurdy
McDade
McHale
McHugh
McKeon
McMillan
McNulty
Meek
Mica
Michel
Miller (FL)
Mineta
Molinari
Mollohan
Montgomery
Moorhead
Moran
Murtha
Myers
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Pastor
Paxon
Payne (VA)
Peterson (FL)
Pickett
Pickle
Pombo
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Reed
Regula
Richardson
Ros-Lehtinen
Rose
Rowland
Santorum
Sarpalius
Saxton
Schaefer
Schenk
Schiff
Scott
Shaw
Shepherd
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (OR)
Solomon
Spence
Spratt
Stearns
Stenholm
Stump
Sundquist
Swett
Swift
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thompson
Thornton
Torkildsen
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
NOES--169
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Ballenger
Barca
Barcia
Barrett (WI)
Beilenson
Berman
Bilbray
Boehlert
Bonior
Boucher
Brown (FL)
Brown (OH)
Bryant
Bunning
Byrne
Cardin
Clay
Clayton
Collins (MI)
Condit
Conyers
Coppersmith
Coyne
Danner
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dooley
Duncan
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Fazio
Fields (LA)
Filner
Fingerhut
Foglietta
Ford (TN)
Frank (MA)
Franks (NJ)
Furse
Gephardt
Goodlatte
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hancock
Hastings
Hinchey
Holden
Hughes
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnston
Kanjorski
Kennedy
Kildee
Klink
Klug
Kopetski
Kreidler
Lambert
Levin
Lewis (GA)
Lipinski
Lowey
Maloney
Mann
Margolies-Mezvinsky
Markey
Martinez
McDermott
McInnis
McKinney
Meehan
Menendez
Meyers
Mfume
Minge
Mink
Moakley
Morella
Nadler
Neal (MA)
Norton (DC)
Oberstar
Obey
Olver
Owens
Pallone
Payne (NJ)
Pelosi
Penny
Peterson (MN)
Petri
Pomeroy
Porter
Poshard
Price (NC)
Rahall
Reynolds
Ridge
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Rostenkowski
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Schroeder
Schumer
Sensenbrenner
Serrano
Sharp
Shays
Skaggs
Slaughter
Smith (NJ)
Snowe
Stark
Stokes
Strickland
Studds
Stupak
Synar
Thurman
Traficant
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Williams
Wise
Woolsey
Wyden
Wynn
Yates
Zimmer
NOT VOTING--43
Baker (CA)
Barlow
Becerra
Blackwell
Brooks
Brown (CA)
Collins (IL)
Crane
Dingell
Dixon
Emerson
Faleomavaega (AS)
Farr
Flake
Ford (MI)
Grams
Grandy
Herger
Kolbe
LaFalce
Lehman
Lewis (CA)
Lewis (FL)
Livingston
Machtley
McCollum
Miller (CA)
Murphy
Neal (NC)
Rangel
Roberts
Sawyer
Slattery
Smith (IA)
Smith (TX)
Thomas (CA)
Thomas (WY)
Torres
Torricelli
Towns
Washington
Whitten
Wilson
So the amendment was agreed to.
After some further time,
Para. 53.7 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. PENNY:
At the end of subtitle C of title I (page 19, after line
15), add the following new section:
SEC. 125. TERMINATION OF TRIDENT II (D-5) MISSILE
PROCUREMENT.
(a) Termination of Program.--The Secretary of Defense shall
terminate the Trident II (D-5) missile program upon the
completion of procurement of the missiles for which funds
were appropriated for fiscal year 1994.
(b) Funding Restriction.--The amount provided in section
102 for procurement of weapons for the Navy is hereby reduced
by $696,000,000. None of the funds made available to the Navy
for a fiscal year after fiscal year 1994 may be obligated for
the Trident II (D-5) missile program except as required for
program termination costs.
It was decided in the
Yeas
166
<3-line {>
negative
Nays
229
Para. 53.8 [Roll No. 189]
AYES--166
Abercrombie
Ackerman
Andrews (ME)
Bachus (AL)
Ballenger
Barca
Barcia
Barrett (WI)
Beilenson
Berman
Blackwell
Boehlert
Bonior
Brown (OH)
Bryant
Bunning
Byrne
Cardin
Clay
Clayton
Clement
Collins (IL)
Collins (MI)
Condit
Conyers
Coppersmith
Coyne
Danner
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dooley
Duncan
Durbin
Edwards (CA)
Ehlers
Engel
English
Eshoo
Evans
Fields (LA)
Filner
Fingerhut
Foglietta
Ford (TN)
Frank (MA)
Furse
Gilchrest
Goodlatte
Gordon
Green
Gunderson
Gutierrez
Hall (OH)
Hamburg
Hancock
Hastings
Hefner
Hinchey
Hobson
Hoekstra
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnston
Kennedy
Kildee
Klink
Klug
Kopetski
Kreidler
Lambert
Leach
Levin
Lewis (GA)
Long
Lowey
Maloney
Margolies-Mezvinsky
Markey
Martinez
McDermott
McHale
McInnis
McKinney
Meehan
Meek
Menendez
Meyers
Miller (FL)
Minge
Mink
Moakley
Morella
Nadler
Neal (MA)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Owens
Pallone
Payne (NJ)
Pelosi
Penny
Peterson (MN)
Petri
Pomeroy
Porter
Poshard
Price (NC)
Rahall
Ramstad
Reed
Reynolds
Roemer
Rohrabacher
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Sanders
Santorum
Schaefer
Schenk
Schroeder
Sensenbrenner
Serrano
Sharp
Shays
Skaggs
Slaughter
Smith (NJ)
Snowe
Stark
Stokes
Strickland
Studds
Stupak
Swett
Synar
Thurman
Traficant
Tucker
Underwood (GU)
Unsoeld
Upton
Velazquez
Vento
Waters
Watt
Waxman
Wheat
Williams
Woolsey
Wyden
Wynn
Yates
Zimmer
NOES--229
Allard
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Baesler
Baker (CA)
Baker (LA)
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehner
Bonilla
Borski
Boucher
Brewster
Browder
Brown (FL)
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cantwell
Carr
Castle
Chapman
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Combest
Cooper
Costello
Cox
Cramer
Crapo
Cunningham
Darden
de la Garza
de Lugo (VI)
Deal
DeLay
Diaz-Balart
Dickey
Dicks
Doolittle
Dornan
Dreier
Dunn
Edwards (TX)
Everett
Ewing
Fawell
Fazio
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Frost
Gallegly
Gallo
Gejdenson
Gekas
Geren
Gibbons
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodling
Goss
Greenwood
Hall (TX)
Hamilton
Hansen
Harman
Hastert
Hayes
Hefley
Herger
Hilliard
Hoagland
Hochbrueckner
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kennelly
Kim
King
Kingston
Kleczka
Klein
Knollenberg
Kyl
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Levy
Lightfoot
Linder
Lipinski
Lloyd
Lucas
Mann
Manton
Manzullo
Mazzoli
McCandless
McCloskey
McCrery
McCurdy
McDade
McHugh
McKeon
McMillan
McNulty
Mica
Michel
Mineta
Molinari
Mollohan
Montgomery
Moorhead
Moran
Murtha
Myers
Ortiz
Orton
Oxley
Packard
Parker
Pastor
Paxon
Payne (VA)
Peterson (FL)
Pickett
Pickle
Pombo
Portman
Pryce (OH)
Quillen
Quinn
Ravenel
Regula
Richardson
Ridge
Rogers
Ros-Lehtinen
Rowland
Sangmeister
Sarpalius
Saxton
Schiff
Schumer
Scott
Shaw
Shepherd
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (OR)
Solomon
Spence
Spratt
Stearns
Stenholm
Stump
Sundquist
Swift
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thompson
Thornton
Torkildsen
Valentine
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Weldon
Whitten
Wise
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--43
Barlow
Becerra
Brooks
Brown (CA)
Crane
Dingell
Dixon
Emerson
Faleomavaega (AS)
Farr
Flake
Ford (MI)
Gephardt
Grams
Grandy
Kolbe
LaFalce
Lehman
Lewis (CA)
Lewis (FL)
Livingston
Machtley
Matsui
McCollum
Mfume
Miller (CA)
Murphy
Neal (NC)
Rangel
Roberts
Romero-Barcelo (PR)
Rostenkowski
Sawyer
Slattery
[[Page 890]]
Smith (IA)
Smith (TX)
Thomas (CA)
Thomas (WY)
Torres
Torricelli
Towns
Washington
Wilson
So the amendment was not agreed to.
After some further time,
Para. 53.9 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. KENNEDY:
At the end of title X (page 277, after line 2), insert the
following new section:
SEC. 1038. PROHIBITION ON USE OF FUNDS TO OPERATE ARMY SCHOOL
OF THE AMERICAS.
Funds appropriated or otherwise made available to the
Department of Defense pursuant to an authorization of
appropriations contained in this Act may not be used to
operate the Army School of the Americas, currently at Fort
Benning, Georgia.
It was decided in the
Yeas
175
<3-line {>
negative
Nays
217
Para. 53.10 [Roll No. 190]
AYES--175
Abercrombie
Ackerman
Allard
Andrews (ME)
Applegate
Baesler
Barca
Barcia
Barrett (WI)
Beilenson
Berman
Blackwell
Blute
Bonior
Borski
Boucher
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Clay
Clayton
Coble
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Costello
Coyne
de Lugo (VI)
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dooley
Duncan
Durbin
Edwards (CA)
Engel
English
Eshoo
Evans
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Foglietta
Ford (TN)
Frank (MA)
Franks (NJ)
Furse
Gejdenson
Glickman
Gonzalez
Greenwood
Gutierrez
Hall (OH)
Hamburg
Harman
Hastings
Hefner
Hinchey
Hochbrueckner
Hoke
Holden
Inslee
Jacobs
Johnson (CT)
Johnson, E. B.
Johnston
Kanjorski
Kennedy
Kildee
Kleczka
Klink
Klug
Kopetski
Kreidler
Lambert
LaRocco
Leach
Levin
Lewis (GA)
Long
Lowey
Maloney
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
McCloskey
McDermott
McHale
McKinney
Meehan
Meyers
Mfume
Mineta
Minge
Mink
Moakley
Moran
Morella
Nadler
Neal (MA)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Orton
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Penny
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Ramstad
Rangel
Ravenel
Richardson
Roemer
Roukema
Roybal-Allard
Sabo
Sanders
Sangmeister
Schenk
Schiff
Schroeder
Sensenbrenner
Serrano
Sharp
Shays
Shepherd
Skaggs
Slaughter
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Taylor (NC)
Thompson
Thurman
Torkildsen
Unsoeld
Upton
Valentine
Velazquez
Vento
Volkmer
Walsh
Waters
Watt
Waxman
Wheat
Williams
Woolsey
Wyden
Yates
NOES--217
Andrews (NJ)
Andrews (TX)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Boehlert
Boehner
Bonilla
Brewster
Browder
Brown (FL)
Bunning
Burton
Buyer
Callahan
Camp
Canady
Castle
Chapman
Clinger
Clyburn
Coleman
Collins (GA)
Combest
Coppersmith
Cox
Cramer
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeLay
Derrick
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Dunn
Edwards (TX)
Ehlers
Everett
Ewing
Fields (TX)
Fowler
Franks (CT)
Frost
Gallegly
Gallo
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Green
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hilliard
Hoagland
Hobson
Hoekstra
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, Sam
Kaptur
Kasich
Kennelly
Kim
King
Kingston
Klein
Knollenberg
Kyl
Lancaster
Lantos
Laughlin
Lazio
Levy
Lightfoot
Linder
Lipinski
Lloyd
Lucas
Machtley
Mann
Manzullo
Mazzoli
McCandless
McCrery
McCurdy
McDade
McHugh
McInnis
McKeon
McMillan
McNulty
Meek
Menendez
Mica
Miller (FL)
Molinari
Mollohan
Montgomery
Moorhead
Murtha
Myers
Ortiz
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (FL)
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Reed
Regula
Reynolds
Ridge
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Roth
Rowland
Royce
Rush
Santorum
Sarpalius
Saxton
Schaefer
Schumer
Scott
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Snowe
Solomon
Spence
Spratt
Stearns
Stump
Talent
Tanner
Tauzin
Taylor (MS)
Tejeda
Torricelli
Traficant
Tucker
Underwood (GU)
Visclosky
Vucanovich
Walker
Weldon
Whitten
Wise
Wolf
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--46
Barlow
Becerra
Brooks
Brown (CA)
Calvert
Clement
Crane
Dingell
Dixon
Emerson
Faleomavaega (AS)
Farr
Flake
Ford (MI)
Gephardt
Gordon
Grams
Grandy
Kolbe
LaFalce
Lehman
Lewis (CA)
Lewis (FL)
Livingston
McCollum
Michel
Miller (CA)
Murphy
Neal (NC)
Pickle
Roberts
Rose
Rostenkowski
Sawyer
Slattery
Smith (IA)
Smith (TX)
Stenholm
Sundquist
Thomas (CA)
Thomas (WY)
Thornton
Torres
Towns
Washington
Wilson
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. KILDEE, assumed the Chair.
When Mr. RAHALL, Acting Chairman, reported that the Committee, having
had under consideration said bill, had come to no resolution thereon.
Para. 53.11 appointment of additional conferees--h.r. 322
The SPEAKER pro tempore, Mr. KILDEE, by unanimous consent, made the
following additional appointments of conferees on the part of the House
to the conference with the Senate on the disagreeing votes of the two
Houses on the amendments of the Senate to the bill (H.R. 322) to modify
the requirements applicable to locatable minerals on public domain
lands, consistent with the principles of self-initiation of mining
claims, and for other purposes:
As additional conferees from the Committee on Agriculture for
consideration of sections 107, 201-09, 301-04, 404, 407, 408, 411, 416,
418, and 419 of the House bill, and sections 7-10 and 12 of the Senate
amendment, and modifications committed to conference: Messrs. de la
Garza, Rose, and Roberts.
As additional conferees from the Committee on Education and Labor, for
consideration of section 7 of the Senate amendment, and modifications
committed to conference: Messrs. Ford of Michigan, Murphy, and Fawell.
As additional conferees from the Committee on Energy and Commerce for
consideration of sections 3, 201-08, 301-03, 414, and 420 of the House
bill, and sections 7, 8, and 12 of the Senate amendment, and
modifications committed to conference: Messrs. Dingel, Swift, and Crapo.
As additional conferees from the Committee on Merchant Marine and
Fisheries, for consideration of section 3, 201-09, 301-04, and 414 of
the House bill, and sections 7, 8, and 12 of the Senate amendment, and
modifications committed to conference: Messrs. Studds, Hughes, and
Fields of Texas.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 53.12 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed without amendment a concurrent resolution of
the House of the following title:
H. Con. Res. 236. Concurrent resolution authorizing the
1994 Special Olympics Torch Relay to be run through the
Capitol Grounds.
The message also announced that the Senate disagreed to the amendments
of the House to the amendment of the Senate to the bill (H.R. 3355), an
act to amend the Omnibus Crime Control and Safe Streets Act of 1968 to
allow grants to increase police presence, to expand and improve
cooperative efforts between law enforcement agencies and members of the
community to address crime and disorder problems, and otherwise to
enhance public safety, agreed to the conference asked by the House on
the disagreeing votes of the two Houses thereon, and appointed Mr.
Biden, Mr. Kennedy, Mr. Metzenbaum, Mr. DeConcini, Mr. Leahy, Mr. Hatch,
Mr. Thurmond, Mr. Simpson, and Mr. Grassley to be the conferees on the
part of the Senate.
[[Page 891]]
Para. 53.13 recess--2:12 p.m.
The SPEAKER pro tempore, Mr. FILNER, pursuant to clause 12 of rule I,
declared the House in recess at 2 o'clock and 12 minutes p.m., subject
to the call of the Chair.
Para. 53.14 after recess--2:30 p.m.
The SPEAKER pro tempore, Mr. KREIDLER, called the House to order.
Para. 53.15 permission to file report
On motion of Mr. MOAKLEY, by unanimous consent, the Committee on Rules
was granted permission until midnight tonight to file a privileged
report (Rept. No. 103-520) on the bill (H.R. 4301) to authorize
appropriations for fiscal year 1995 for military activities of the
Department of Defense, to prescribe military personnel strengths for
fiscal year 1995, and for other purposes.
Para. 53.16 adjournment over
On motion of Mr. BONIOR, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at
10:30 a.m. on Monday, May 23, 1994.
Para. 53.17 calendar wednesday business dispensed with
On motion of Mr. BONIOR, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, May
25, 1994, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
Para. 53.18 senate bill referred
A bill of the Senate of the following title was taken from the
Speaker's table and, under the rule, referred as follows:
S. 1485. An Act to extend certain satellite carrier
compulsory licenses, and for other purposes; to the Committee
on the Judiciary.
Para. 53.19 senate enrolled bill signed
The SPEAKER announced his signature to an enrolled bill of the Senate
of the following title:
S. 2087. An Act to extend the time period for compliance
with the Nutrition Labeling and Education Act of 1990 for
certain food products packaged prior to August 8, 1994.
Para. 53.20 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. LaFALCE, for today;
To Mr. FARR, for today;
To Mr. GORDON, after 12 noon today; and
To Mr. CLEMENT, after 12:30 p.m. today.
And then,
Para. 53.21 adjournment
On motion of Mr. DREIER, pursuant to the special order heretofore
agreed to, at 2 o'clock and 45 minutes p.m., the House adjourned until
10:30 a.m., Monday, May 23, 1994.
Para. 53.22 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. FROST: Committee on Rules. H. Res. 431. Resolution
providing for further consideration of the bill (H.R. 4301)
to authorize appropriations for fiscal year 1995 for military
activities of the Department of Defense, to prescribe
military personnel strengths for fiscal year 1995, and for
other purposes (Rept. No. 103-520). Referred to the House
Calendar.
Para. 53.23 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. KENNEDY (for himself, Mr. Gingrich, and Mr.
Peterson of Florida):
H.R. 4464. A bill to require the Secretary of the Treasury
to mint coins in commemoration of the Program on Social
Ethics and Community Service; to the Committee on Banking,
Finance and Urban Affairs.
By Mr. FRANK of Massachusetts:
H.R. 4465. A bill to amend the Internal Revenue Code of
1986 to clarify the employment status of certain fishermen,
and for other purposes; to the Committee on Ways and Means.
By Mr. GUTIERREZ (for himself and Mr. Torkildsen):
H.R. 4466. A bill to amend the Metropolitan Washington
Airports Act of 1986 authorizing the Secretary of
Transportation to ensure that the American public is fully
and properly informed about the perquisites and privileges
afforded to Members of Congress who use parking facilities
through the Metropolitan Washington Airports Authority; to
the Committee on Public Works and Transportation.
By MR. JACOBS:
H.R. 4467. A bill to amend title 5, United States Code, to
eliminate the existing Federal employee bonus and incentive
award programs and establish a program for incentive awards
for Federal employees only for suggestions, inventions, or
other personal efforts which cause a demonstrable monetary
savings to the Government; to the Committee on Post Office
and Civil Service.
By Mrs. MINK of Hawaii (for herself, Mrs. Unsoeld, Mr.
Romero-Barcelo, Mr. Williams, Mr. Klink, Mr. Engel,
Mr. Pastor, Ms. Velazquez, Mr. Pickett, Mr. Mollohan,
Mr. Calvert, Mr. Skeen, Mr. Martinez, Mr. Kildee, Mr.
Abercrombie, Ms. Woolsey, Mr. Cunningham, and Mr.
Hilliard):
H.R. 4468. A bill to amend the Higher Education Act of 1965
to reduce certain restrictions on the participation of
proprietary institutions of higher education in programs of
student financial aid; to the Committee on Education and
Labor.
By Mr. PETRI:
H.R. 4469. A bill to restrain health care costs and ensure
adequate medical care for all Americans by providing for a
State and market-based system of choice among qualified
health plans, and for other purposes; jointly, to the
Committees on Energy and Commerce, Ways and Means, the
Judiciary, and Education and Labor.
By Ms. SHEPHERD:
H.R. 4470. A bill to amend the Internal Revenue Code of
1986 to make the dependent care tax credit refundable, to
phase out such credit for higher-income taxpayers, and to
provide for advance payments of such credit; to the Committee
on Ways and Means.
By Mr. HUTTO (for himself, Mr. Taylor of Mississippi,
Ms. Harman, Mr. McCurdy, Mr. Montgomery, Mr. Ortiz,
Mr. Laughlin, Mr. Lightfoot, Mr. Callahan, Mr. Stump,
Mr. Everett, Mr. Gibbons, Mr. Roth, Mr. Martinez, and
Mr. Solomon):
H.J. Res. 368. Joint resolution proposing an amendment to
the Constitution of the United States providing for 4-year
terms for Members of the House of Representatives; to the
Committee on the Judiciary.
Para. 53.24 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
389. By the SPEAKER: Memorial of the Legislature of the
State of Hawaii, relative to returning lands utilized by the
United States military in Okinawa to Japan; to the Committee
on Armed Services.
390. Also, memorial of the Assembly of the State of
California, relative to banking; to the Committee on Banking,
Finance and Urban Affairs.
391. Also, memorial of the Assembly of the State of
California, relative to banking; to the Committee on Banking,
Finance and Urban Affairs.
392. Also, memorial of the Senate of the State of Hawaii,
relative to the impact of unfunded Federal mandates on State
budgets and economies; to the Committee on Government
Operations.
393. Also, memorial of the Legislature of the State of
Hawaii, relative to the ratification of the 27th amendment to
the U.S. Constitution; to the Committee on the Judiciary.
394. Also, memorial of the Legislature of the Virgin
Islands, relative to shoppers visas; to the Committee on the
Judiciary.
395. Also, memorial of the Assembly of the State of
California, relative to trade agreements; to the Committee on
Ways and Means.
Para. 53.25 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 1128; Mr. Shays.
H.R. 1455; Mr. Hamburg.
H.R. 1709; Mr. Skeen, Mr. Hoagland, Mr. Pomeroy, Mr. Gekas,
Mr. Serrano, Mrs. Thurman, Mr. Pickle, Mr. Brewster, and Mr.
Slattery.
H.R. 1818; Mr. Torricelli.
H.R. 1840; Mr. Gordon and Ms. Pryce of Ohio.
H.R. 2043; Mr. Carr.
H.R. 2326; Mr. Fields of Louisiana, Mr. Smith of Oregon,
Mr. Lightfoot, Mr. Durbin, and Mr. Bateman.
H.R. 2418; Mr. Hall of Ohio.
H.R. 2460; Mr. Hansen, Ms. Lambert, Mr. Costello, and Mr.
Pomeroy.
H.R. 2484; Ms. Margolies-Mezvinsky.
H.R. 2788; Mr. Owens.
H.R. 2873; Mr. McCloskey, Mr. Shays, Mr. Traficant, Ms.
Eshoo, Mr. Bilbray, Mr. Waxman, Mr. Martinez, Mr. Myers of
Indiana, Mr. Hall of Texas, Mr. Crane, Mr. Frost, and Mr.
Cramer.
H.R. 2954: Mr. Bachus of Alabama, Mr. Blute, Mr. Hobson,
Mr. Packard, Mr. Machtley, and Mr. Minge.
H.R. 3039: Mr. Bliley, Mr. Jefferson, Mr. Tauzin, Mr.
Hansen, Mr. Glickman, Mr. Ewing, Mr. Lightfoot, and Mr.
McCrery.
H.R. 3128: Mr. Watt, Mr. Edwards of California, and Mr.
Waxman.
H.R. 3224: Mr. Wilson and Mr. Waxman.
H.R. 3246: Mr. Chapman, Miss Collins of Michigan, Mr.
Cramer, Mr. Farr, Mr. Lewis of Florida, Mr. Martinez, Ms.
McKinney,
[[Page 892]]
Mrs. Thurman, Mr. Watt, Mr. Hilliard, and Mr. Hall of Texas.
H.R. 3293: Mr. Walsh and Mr. Pickett.
H.R. 3328: Mr. Zeliff.
H.R. 3392: Mr. Tanner.
H.R. 3407: Mr. Jacobs and Mr. Duncan.
H.R. 3472: Mr. Pombo, Mr. Filner, and Mr. Hilliard.
H.R. 3762: Mr. Cunningham.
H.R. 3783: Mr. Gutierrez.
H.R. 3790: Mr. Barrett of Nebraska.
H.R. 3796: Mr. Zeliff.
H.R. 3842: Mr. Mineta.
H.R. 3882: Mr. Torkildsen, Mr. Walsh, Mr. Cox, Mr. Levy,
Mr. Hutchinson, Ms. Molinari, Mr. Quinn, Mr. Burton of
Indiana, Mr. Grams, Mr. Ramstad, Mr. Thomas of Wyoming, Mr.
Blute, Mr. Armey, Mr. Lightfoot, and Mr. Stearns.
H.R. 3900: Mr. Strickland, Mr. Sisisky, Mr. Fingerhut, Mr.
Towns, and Mrs. Clayton.
H.R. 3906: Mr. Emerson, Mr. Strickland, Mr. Lewis of
Florida, Mr. Inslee, Miss Collins of Michigan, and Mr.
Volkmer.
H.R. 3949: Mr. Walsh, Mr. Cooper, Mr. Duncan, Mr. Upton,
and Mr. Pallone.
H.R. 3951: Mr. Rowland.
H.R. 3990: Ms. Furse, Mr. Holden, Mr. Jefferson, Mr.
Tucker, and Ms. Waters.
H.R. 4138: Mr. Zeliff.
H.R. 4306: Mr. Johnson of Georgia.
H.R. 4331: Mr. Frank of Massachusetts, Mr. Kildee, Mr.
Meehan, Mr. Minge, Mr. Barca of Wisconsin, Ms. Slaughter, and
Mr. Owens.
H.R. 4345: Mrs. Meyers of Kansas and Mr. Manton.
H.R. 4353: Mrs. Lloyd and Mrs. Thurman.
H.R. 4354: Mrs. Mink of Hawaii, Mr. Poshard, Mr. Zimmer,
and Mr. Hilliard.
H.R. 4370: Mr. Abercrombie, Mrs. Unsoeld, and Mr. Lewis of
Georgia.
H.R. 4375: Mr. Yates.
H.R. 4400: Mr. Sawyer, Ms. Norton, Mr. Watt, Mr. Bishop,
and Mr. Hastings.
H.R. 4410: Mr. Lipinski.
H.R. 4412: Ms. Danner.
H.R. 4419: Mr. Canady and Mr. Hutchinson.
H.J. Res. 209: Mr. Clay, Mr. Kildee, and Mr. Orton.
H.J. Res. 286: Mr. Andrews of New Jersey, Mr. Barrett of
Wisconsin, Ms. Brown of Florida, Mrs. Byrne, Mr. Clay, Ms.
Dunn, Mr. Durbin, Mr. Edwards of California, Mr. Engel, Mr.
Faleomavaega, Mr. Fazio, Mr. Flake, Ms. Furse, Mr. Gejdenson,
Mr. Gingrich, Mr. Hefner, Mr. Johnson of Georgia, Ms. Kaptur,
Mr. King, Mr. Lantos, Mr. Lehman, Mr. Mann, Mr. McDermott,
Mr. McHugh, Ms. Molinari, Mr, Murtha, Mr. Oberstar, Mr.
Ortiz, Mr. Poshard, Mr. Price of North Carolina, Mr.
Richardson, Mr. Roemer, Mr. Schaefer, Mrs. Schroeder, Mr.
Skeen, Mr. Stupak, Mr. Taylor of Mississippi, Mrs. Thurman,
Mr. Torres, Mr. Visclosky, and Mr. Wise.
H.J. Res. 297: Mr. Quillen, Mr. Archer, Mr. Bacchus of
Florida, Mr. de Lugo, Mr. Boehlert, Mr. Cramer, Mr. Fish, Mr.
Foglietta, Mr. de la Garza, Mr. Hyde, Mr. Hutto, Mr.
Gonzalez, Mr. Barlow, Mr. Gekas, Mr. Montgomery, Mrs.
Clayton, Mr. Solomon, Mr. Ravenel, Mr. Reed, Mr. Engel, Mr.
Ortiz, Mrs. Meek of Florida, Mr. Tauzin, and Mr. Valentine.
H.J. Res. 315: Mr. Roth.
H.J. Res. 326: Mr. Bacchus of Florida.
H.J. Res. 327: Ms. Norton, Mr. Frank of Massachusetts, Mr.
Clyburn, Mr. Hilliard, and Mr. Olver.
H. Con. Res. 35: Mr. Hoagland, Ms. Schenk, Mr. Engel, Mr.
Serrano, Mr. Jefferson, Ms. DeLauro, Ms. Pelosi, Ms. Waters,
and Mrs. Unsoeld.
H. Con. Res. 210: Mr. Fields of Texas.
H. Con. Res. 217: Mr. Flake and Mr. Strickland.
H. Con. Res. 235: Ms. Norton, Ms. Furse, Mr. Mazzoli, and
Mr. Vento.
.
MONDAY, MAY 23, 1994 (54)
Para. 54.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. FILNER,
at 10:30 a.m., who laid before the House the following communication:
Washington, DC,
May 23, 1994.
I hereby designate the Honorable Bob Filner to act as
Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Whereupon, pursuant to the order of the House of Friday, February 11,
1994, Members were recognized for ``morning hour'' debates.
Para. 54.2 recess--10:45 a.m.
The SPEAKER pro tempore, Mr. FILNER, pursuant to clause 12 of rule I,
at 10 o'clock and 45 minutes a.m., declared the House in recess until 12
o'clock noon.
Para. 54.3 after recess--12:00 noon
The SPEAKER pro tempore, Mr. MONTGOMERY, called the House to order.
Para. 54.4 approval of the journal
The SPEAKER pro tempore, Mr. MONTGOMERY, announced he had examined and
approved the Journal of the proceedings of Friday, May 20, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 54.5 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3228. A letter from the Secretary of the Navy, transmitting
notification that the Department of Navy proposes to donate
pieces of the superstructure of U.S.S. Arizona to various
veteran groups and historical organizations, pursuant to 10
U.S.C. 7545(c); to the Committee on Armed Services.
3229. A communication from the President of the United
States, transmitting his certifications concerning the
current troop level requirements, pursuant to Public Law 103-
160, section 403 (107 Stat. 1640); to the Committee on Armed
Services.
3230. A letter from the Secretary, Department of the
Treasury, transmitting a report on the Mint's numismatic
public enterprise fund for fiscal year 1993, pursuant to
Public Law 102-390, section 221(a) (106 Stat. 1627); to the
Committee on Banking, Finance and Urban Affairs.
3231. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to Hong Kong, pursuant to 12
U.S.C. 635(b)(3)(i); to the Committee on Banking, Finance and
Urban Affairs.
3232. A letter from the Secretary of the Treasury,
transmitting a report on the extent of U.S. business
generated as a result of the U.S. participation in the
multilateral development banks; to the Committee on Banking,
Finance and Urban Affairs.
3233. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-244,
``Conveyance of Gage School Act of 1994,'' pursuant to D.C.
Code, section 1-233(c)(1); to the Committee on the District
of Columbia.
3234. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-245, ``Bond
Surety Amendment Act of 1994,'' pursuant to D.C. Code,
section 1-233(c)(1); to the Committee on the District of
Columbia.
3235. A letter from the Chairman, Council of the District
Columbia, transmitting a copy of D.C. Act 10-246, ``Theodore
R. Hagans, Jr., Center Designation Act of 1994,'' pursuant to
D.C. Code, section 1-233(c)(1); to the Committee on the
District of Columbia.
3236. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-242,
``Emergency Assistance Program Amendment Act of 1994,''
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on the District of Columbia.
3237. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-247,
``Closing of a Public Alley in Square 253, S.O. 90-157, Act
of 1994,'' pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on the District of Columbia.
3238. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-241,
``Retired Police Officer Public School's Security Personnel
Deployment Amendment Act of 1994,'' pursuant to D.C. Code,
section 1-233(c)(1); to the Committee on the District of
Columbia.
3239. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-248,
``District of Columbia Family and Medical Leave Act of 1990
Amendment Act of 1994,'' pursuant to D.C. Code, section 1-
233(c)(1); to the Committee on the District of Columbia.
3240. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-243,
``Limited Liability Company Act of 1994,'' pursuant to D.C.
Code, section 1-233(c)(1); to the Committee on the District
of Columbia.
3241. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-251, ``Rental
Housing Conversion and Sale Act of 1980 Extension Amendment
Act of 1994,'' pursuant to D.C. Code, section 1-233(c)(1); to
the Committee on the District of Columbia.
3242. A letter from the Secretary, Department of Energy,
transmitting notification that the 5-year program plan on
cost-effective technologies to improve energy efficiency and
increase renewable energy use in the buildings, industrial,
and utility sectors will be submitted by December 31, 1994,
pursuant to Public Law 102-486, section 2101(c) (106 Stat.
3068); to the Committee on Energy and Commerce.
3243. A letter from the Administrator, Environmental
Protection Agency, transmitting an interim report on the
utility hazardous air pollutant emissions study; to the
Committee on Energy and Commerce.
3244. A letter from the Director, Defense Security
Assistance Agency, transmitting a copy of Transmittal No. 05-
94, concerning a cooperative project between the United
States Department of Defense and the Israeli Ministry of
Defense, pursuant to 22 U.S.C. 2767(f); to the Committee on
Foreign Affairs.
3245. A letter from the Director, Defense Security
Assistance Agency, transmitting a copy of Transmittal No. 06-
94, concerning the accession of France to a cooperative
project between the United States and the United Kingdom on
the universal modem system, pursuant to 22 U.S.C. 2767(f); to
the Committee on Foreign Affairs.
3246. A letter from the Director, Defense Security
Assistance Agency, transmitting notification of the
Department of the Navy's proposed Letter(s) of Offer and
Acceptance [LOA] to Singapore for defense articles and
services (Transmittal No. 94-28 , pursuant to 22 U.S.C.
2776(b); to the Committee on Foreign Affairs.
3247. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting
[[Page 893]]
copies of the original report of political contributions by
Raymond Edwin Mabus, Jr., of Mississippi, to be Ambassador to
the Kingdom of Saudi Arabia, and members of his family,
pursuant to 22 U.S.C. 3944(b)(2); to the Committee on Foreign
Affairs.
3248. A letter from the Assistant Secretary for Lands and
Minerals Management, Department of the Interior, transmitting
a report on the Fossil Forest Research Natural Area, pursuant
to Public Law 98-603, section 103(c); to the Committee on
Natural Resources.
3249. A letter from the Secretary of Energy, transmitting
an annual update of the Comprehensive Ocean Thermal
Technology Application and Market Development Plan, pursuant
to 42 U.S.C. 9005(b); to the Committee on Science, Space, and
Technology.
3250. A letter from the Secretary of Energy, transmitting
notification that the report that will evaluate legal,
institutional, and other constraints to connecting federally
owned and leased buildings to district heating and cooling
plants will be transmitted in October 1994; jointly, to the
Committees on Energy and Commerce and Public Works and
Transportation.
3251. A letter from the Secretary of Transportation,
transmitting a report on safety conditions in mass transit,
pursuant to 49 U.S.C. app. 1618 Public Law 102-240, section
3026(b); jointly, to the Committees on Energy and Commerce
and Public Works and Transportation.
3252. A letter from the Attorney General, transmitting the
1993 annual report on the number of applications that were
made for orders and extension of orders approving electronic
surveillance under the Foreign Intelligence Surveillance Act,
pursuant to 50 U.S.C. 1807; jointly, to the Permanent Select
Committee on Intelligence and the Committee on the Judiciary.
Para. 54.6 messages from the president
Sundry messages in writing from the President of the United States
were communicated to the House by Mr. Edwin Thomas, one of his
secretaries.
Para. 54.7 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed a bill of the following title, in which the
concurrence of the House is requested:
S. 2019. An Act to reauthorize and amend title XIV of the
Public Health Service Act (commonly known as the ``Safe
Drinking Water Act''), and for other purposes.
The message also announced that the Senate agreed to the amendment of
the House to the bill (S. 1654) ``An Act to make certain technical
corrections'' with amendments.
The message also announced that, pursuant to sections 1928a-1928d of
title 22, United States Code, as amended, the Chair, on behalf of the
Vice President, appointed Mr. Hollings as a member of the Senate
Delegation to the North Atlantic Assembly Spring Meeting during the 2d
session of the 103d Congress, to be held in Oslo, Norway, May 26-31,
1994.
Para. 54.8 message from the president--national emergency with respect
to haiti
The SPEAKER pro tempore, Mr. RICHARDSON, laid before the House a
message from the President, which was read as follows:
To the Congress of the United States:
On October 4, 1991, pursuant to the International Emergency Economic
Powers Act (``IEEPA'') (50 U.S.C. 1703 et seq.) and section 301 of the
National Emergencies Act (``NEA'') (50 U.S.C. 1601 et seq.), President
Bush exercised his statutory authority to issue Executive Order No.
12775 on October 4, 1991, declaring a national emergency and blocking
Haitian government property.
On October 28, 1991, pursuant to the above authorities, President Bush
exercised his statutory authority to issue Executive Order No. 12779 on
October 28, 1991, blocking property of and prohibiting transactions with
Haiti.
On June 30, 1993, pursuant to the above authorities, as well as the
United Nations Participation Act of 1945, as amended (``UNPA'') (22
U.S.C. 287c), I exercised my statutory authority to issue Executive
Order No. 12853 of June 30, 1993, to impose additional economic measures
with respect to Haiti. This latter action was taken, in part, to ensure
that the economic measures taken by the United States with respect to
Haiti would fulfill its obligations under United Nations Security
Council Resolution 841 of June 16, 1993.
On October 18, 1993, pursuant to the IEEPA and the NEA, I again
exercised my statutory authority to issue Executive Order No. 12872 of
October 18, 1993, blocking property of various persons with respect to
Haiti.
On May 6, 1994, the United Nations Security Council adopted Resolution
917, calling on Member States to take additional measures to tighten the
embargo against Haiti. On May 7, 1994, pursuant to the above
authorities, I exercised my statutory authority and issued Executive
Order No. 12914 of May 7, 1994, to impose additional economic measures
with respect to Haiti. This latter action was taken, in part, to ensure
that the economic measures taken by the United States with respect to
Haiti would fulfill its obligations under the provisions of United
Nations Security Council Resolution 917 that were effective immediately
under that Resolution.
United Nations Security Council Resolution 917 contains several
provisions required to become effective no later than May 21, 1994, to
further tighten the embargo against Haiti. These include, inter alia, a
requirement that Member States prohibit importation of Haitian-origin
products into their territories exported from Haiti after May 21, 1994,
activities that promote importation or transshipment of such products,
and dealings by their nationals, flag vessels, or aircraft in such
products. In addition, the Resolution requires Member States to prevent
the sale or supply of products to Haiti by their nationals or from
their territories or using their flag vessels or aircraft, and
activities that promote such sale or supply, with certain exceptions
for humanitarian needs and trade in informational materials.
This new Executive order:
--bans importation into the United States of goods or services of
Haitian origin exported after May 21, 1994, or activities that
promote or are intended to promote such importation, except for
informational materials;
--prohibits activities by U.S. persons or from the United States that
promote exportation or transshipment of goods of Haitian origin
exported after May 21, 1994, except for informational materials;
--prohibits dealings by U.S. persons or in the United States or using
U.S.-registered vessels or aircraft in goods of Haitian origin
exported after May 21, 1994, except for informational materials;
--prohibits the sale, supply, or exportation by U.S. persons or from
the United States, or using U.S.-registered vessels or aircraft, of
any goods to Haiti or in connection with Haitian businesses, or
activities by U.S. persons or in the United States that promote
such sale, supply, or exportation, except for informational
materials, certain foodstuffs, and medicines and medical supplies;
--prohibits any transaction that evades or avoids or has the purpose
of evading or avoiding, or attempts to violate, any of the
prohibitions of this order; and
--authorizes the Secretary of the Treasury, in consultation with the
Secretary of State, to issue regulations implementing the
provisions of the Executive order.
The new Executive order is necessary to implement certain provisions
of United Nations Security Council Resolution 917 of May 6, 1994, which
take effect no later than May 21, 1994, and require additional measures
to tighten the embargo against Haiti with the goal of the restoration
of democracy in that nation and the prompt return of the legitimately
elected President, Jean-Bertrand Aristide, under the framework of the
Governors Island Agreement.
I am providing this notice to the Congress pursuant to section 204(b)
of the IEEPA (50 U.S.C. 1703(b)) and section 301 of the NEA (50 U.S.C.
1631). I am enclosing a copy of the Executive order that I have issued.
William J. Clinton.
The White House, May 21, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Foreign Affairs and ordered to
be printed (H. Doc. 103-258).
Para. 54.9 message from the president--chemical and biological weapons
The SPEAKER pro tempore, Mr. RICHARDSON, laid before the House a
message from the President, which was read as follows:
To the Congress of the United States:
On November 16, 1990, in light of the dangers of the proliferation of
chemical and biological weapons, President
[[Page 894]]
Bush issued Executive Order No. 12735, and declared a national emergency
under the International Emergency Economic Powers Act (50 U.S.C. 1701,
et seq.). Under section 202(d) of the National Emergencies Act (50
U.S.C. 1622(d)), the national emergency terminates on the anniversary
date of its declaration unless the President publishes in the Federal
Register and transmits to the Congress a notice of its continuation. On
November 12, 1993, I extended the national emergency on the basis that
the proliferation of chemical and biological weapons continues to pose
an unusual and extraordinary threat to the national security and foreign
policy of the United States.
Section 204 of the International Emergency Economic Powers Act and
section 401(c) of the National Emergencies Act contain periodic
reporting requirements regarding activities taken and money spent
pursuant to an emergency declaration. The following report is made
pursuant to those provisions. Additional information on chemical and
biological weapons proliferation is contained in the report to the
Congress provided pursuant to the Chemical and Biological Weapons
Control and Warfare Elimination Act of 1991.
The three export control regulations issued under the Enhanced
Proliferation Control Initiatives are fully in force and continue to be
used to control the export of items with potential use in chemical or
biological weapons (CBW) or unmanned delivery systems for weapons of
mass destruction.
During the last 6 months, the United States has continued to address
actively in its international diplomatic efforts the problem of the
proliferation and use of CBW.
More than 150 nations have signed the Chemical Weapons Convention
(CWC) and a number have already ratified it. On November 23, 1993, I
submitted the CWC to the Senate for its advice and consent to
ratification. I have urged all nations, including the United States, to
ratify the Convention quickly so that it can enter into force at the
earliest possible date of January 13, 1995. We also have continued to
urge those countries that have not signed the Convention to do so. The
United States plays a leading role in the work of the CWC Preparatory
Commission headquartered in The Hague, to elaborate the technical and
administrative procedures for implementing the Convention.
The United States participated actively in the Ad Hoc Group of
Government Experts convened by the Third Biological Weapons Review
Conference to identify and examine potential verification measures. The
consensus final report of the experts group will be considered at a
Special Conference of States Parties, to be held September 19-30, 1994.
The United States supports the holding of a Special Conference and will
promote new transparency measures to help strengthen the Convention.
The membership of the Australia Group (AG) of countries cooperating
against CBW proliferation stands at 25. At the December 1993 meeting of
the AG, members reiterated their commitment to comprehensive and global
chemical and biological disarmament, which can only be achieved by the
early entry into force and effective and universal implementation of
the CWC and full compliance with the Biological Weapons Convention. In
this context, members stressed the importance of encouraging the widest
possible adherence to the CWC.
Experts at the December AG meeting also discussed ways of
implementing CBW export controls more effectively. The Group considered
streamlining licensing procedures applicable to mixtures and small
quantities of precursor chemicals, with a view to facilitating
legitimate trade without increasing the risk of contributing to
potential weapons production. It also took steps to enhance cooperation
in enforcement of existing controls.
The United States Government determined that three commercial
entities in Thailand had engaged in chemical weapons proliferation
activities that required the imposition of trade sanctions against the
entities, effective on February 8, 1994. Additional information on this
determination is contained in a classified report to the Congress
provided pursuant to the Chemical and Biological Weapons Control and
Warfare Elimination Act of 1991.
Progress also was made in the steps taken by countries outside the AG
to extend chemical weapons-related export controls. For example, the
Royal Thai Government adopted regulations to prevent the export of Thai
laborers to programs of CBW concern. Poland enacted legislation to
implement controls on CBW-related items.
Pursuant to section 401(c) of the National Emergencies Act, I report
that there were no additional expenses directly attributable to the
exercise of authorities conferred by the declaration of the national
emergency.
William J. Clinton.
The White House, May 23, 1994.
By unanimous consent, the message, was referred to the Committee on
Foreign Affairs and ordered to be printed (H. Doc. 103-259).
Para. 54.10 va medical construction
Mr. MONTGOMERY moved to suspend the rules and pass the bill (H.R.
4425) to authorize major medical facility construction projects for the
Department of Veterans Affairs for fiscal year 1995, to revise and
improve veterans's health programs, and for other purposes.
The SPEAKER pro tempore, Mr. RICHARDSON, recognized Mr. MONTGOMERY and
Mr. STUMP, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. RICHARDSON, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 54.11 native american laws technical corrections
Mr. RICHARDSON moved to suspend the rules and agree to the following
amendments of the Senate to the amendment of the House to the bill of
the Senate (S. 1654) to make certain technical corrections:
Page 1, strike out all after line 2 over to and including
line 10 on page 2 of the House engrossed amendment and
insert:
(a) Environmental Costs.--Section 7 of the Northern
Cheyenne Indian Reserved Water Rights Settlement Act of 1992
(Public Law 102-374, 106 Stat. 1186 et seq.) is amended by
adding the following new subsections (f) and (g) and
redesignating the succeeding subsections accordingly:
``(f) Environmental Costs.--All costs associated with the
Tongue River Dam Project for environmental compliance
mandated by Federal law and fish and wildlife mitigation
measures adopted by the Secretary are the sole responsibility
of the United States. Funds for such compliance shall be
appropriated pursuant to the authorization in subsection (e),
and shall be in addition to funds appropriated pursuant to
section 7(b)(1) of the Act. The Secretary is authorized to
expend not to exceed $625,000 of funds appropriated pursuant
to subsection (e) for fish and wildlife mitigation costs
associated with Tongue River Dam construction authorized by
the Act, and shall be in addition to funds appropriated
pursuant to section 7(b)(1) of the Act.
``(g) Reimbursement to State.--The Secretary shall
reimburse Montana for expenditures for environmental
compliance activities, conducted on behalf of the United
States prior to enactment of this subsection (g), which the
Secretary determines to have been properly conducted and
necessary for completion of the Tongue River Dam Project.
Subsequent to enactment of this subsection (g), the Secretary
may not reimburse Montana for any such environmental
compliance activities undertaken without the Secretary's
prior approval.''.
(b) Authorizations.--The first sentence of section 4(c) of
the Northern Cheyenne Indian Reserved Water Rights Settlement
Act of 1992 (Public Law 102-374; 106 Stat. 1186 et seq.) is
amended to read as follows: ``Except for authorizations
contained in subsections 7(b)(1)(A), 7(b)(1)(B), and the
authorization for environmental compliance activities for the
Tongue River Dam Project contained in subsection 7(e), the
authorization of appropriations contained in this Act shall
not be effective until such time as the Montana water court
enters and approves a decree as provided in subsection (d) of
this section.''.
(c) Effective Date.--The amendments made by this section
shall be considered to have taken effect on September 30,
1992.
Page 4, line 15, before ``Section'' of the House engrossed
amendment insert: (a)
Page 5, after the 4th unnumbered line of the House
engrossed amendment, insert:
[[Page 895]]
(b) Section 16 of the Act of June 18, 1934 (25 U.S.C. 476)
is amended by adding at the end of the following new
subsections:
``(f) Privileges and Immunities of Indian Tribes;
Prohibition on New Regulations.--Departments or agencies of
the United States shall not promulgate any regulation or make
any decision or determination pursuant to the Act of June 18,
1934 (25 U.S.C. 461 et seq., 48 Stat. 984) as amended, or any
other Act of Congress, with respect to a federally recognized
Indian tribe that classifies, enhances, or diminishes the
privileges and immunities available to the Indian tribe
relative to other federally recognized tribes by virtue of
their status as Indian tribes.
``(g) Privileges and Immunities of Indian Tribes; Existing
Regulations.--Any regulation or administrative decision or
determination of a department or agency of the United States
that is in existence or effect on the date of enactment of
this Act and that classifies, enhances, or diminishes the
privileges and immunities available to a federally recognized
Indian tribe relative to the privileges and immunities
available to other federally recognized tribes by virtue of
their status as Indian tribes shall have no force or
effect.''.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. RICHARDSON and
Mr. THOMAS of Wyoming, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said amendments?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said amendments were agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said amendments were agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
Para. 54.12 national silver haired congress
Mr. KILDEE moved to suspend the rules and agree to the following
concurrent resolution (H. Con. Res. 176):
Whereas many States have encouraged and facilitated the
creation of senior citizen legislative and advocacy bodies;
Whereas in creating such bodies these States have provided
many older Americans the opportunity to express concerns,
promote appropriate interests, and advance the common good by
influencing legislation and actions of State government; and
Whereas a National Silver Haired Congress, with
representatives from each State, would provide a national
forum for a nonpartisan evaluation of grassroots solutions to
concerns shared by an increasing number of older Americans:
Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That the Congress hereby recognizes and
encourages the convening of an annual National Silver Haired
Congress in the City of Washington, District of Columbia.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. KILDEE and Mr.
BARRETT of Nebraska, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said concurrent resolution was agreed to was, by unanimous consent, laid
on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
Para. 54.13 junior duck stamp conservation program
Mr. STUDDS moved to suspend the rules and pass the bill (H.R. 3679) to
authorize appropriations to expand implementation of the Junior Duck
Stamp Conservation Progam conducted by the United States Fish and
Wildlife Service; as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. STUDDS and Mr.
WALKER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
authorize the Secretary of the Interior to carry out a program to be
known as the Junior Duck Stamp Conservation and Design Program, and for
other purposes.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 54.14 ocean radioactive dumping ban
Mr. STUDDS moved to suspend the rules and pass the bill (H.R. 3982)
entitled ``The Ocean Radioactive Dumping Act of 1994''; as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. STUDDS and Mr.
TORKILDSEN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
amend the Marine Protection, Research, and Sanctuaries Act of 1972 to
prohibit the ocean dumping of radioactive waste.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 54.15 permission to file report
On motion of Mr. STUDDS, by unanimous consent, the Committee on
Merchant Marine and Fisheries was granted permission until 5 p.m.,
Friday, June 3, 1994, to file a report on the bill (H.R. 4003) to
authorize appropriations for fiscal year 1995 for certain maritime
programs of the Department of Transportation, to amend the Merchant
Marine Act, 1995, as amended, to revitalize the United States-flag
merchant marine, and for other purposes.
Para. 54.16 child safety protection
Mrs. COLLINS of Illinois moved to suspend the rules and agree to the
following conference report (H. Rept. No. 103-500):
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the House to the amendment of
the Senate to the bill (H.R. 965), to provide for toy safety
and for other purposes, having met, after full and free
conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the Senate recede from its disagreement to the
amendment of the House to the amendment of the Senate and
agree to the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the House
amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Safety Protection
Act''.
TITLE I--TOY LABELING REQUIREMENTS
SEC. 101. REQUIREMENTS FOR LABELING CERTAIN TOYS AND GAMES.
(a) Requirement Under Federal Hazardous Substances Act.--
The Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.)
is amended by adding at the end the following new section:
``SEC. 24. REQUIREMENTS FOR LABELING CERTAIN TOYS AND GAMES.
``(a) Toys or Games for Children Who Are at Least 3.--
``(1) Requirement.--The packaging of any toy or game
intended for use by children who are at least 3 years old but
not older than 6 years (or such other upper age limit as the
Commission may determine, which may not be less than 5 years
old), any descriptive material which accompanies such toy or
game, and, in the case of bulk sales of such toy or game when
unpackaged, any bin, container for retail display, or vending
machine from which the unpackaged toy or game is dispensed
shall bear or contain the cautionary statement described in
paragraph (2) if the toy or game--
``(A) is manufactured for sale, offered for sale, or
distributed in commerce in the United States, and
``(B) includes a small part, as defined by the Commission.
[[Page 896]]
``(2) Label.--The cautionary statement required by
paragraph (1) for a toy or game shall be as follows:
[GRAPHIC] [TIFF OMITTED] TB11MY94.09a
``(b) Balloons, Small Balls, and Marbles.--
``(1) Requirement.--In the case of any latex balloon, any
ball with a diameter of 1.75 inches or less intended for
children 3 years of age or older, any marble intended for
children 3 years of age or older, or any toy or game which
contains such a balloon, ball, or marble, which is
manufactured for sale, offered for sale, or distributed in
commerce in the United States--
``(A) the packaging of such balloon, ball, marble, toy, or
game,
``(B) any descriptive material which accompanies such
balloon, ball, marble, toy, or game, and
``(C) in the case of bulk sales of any such product when
unpackaged, any bin, container for retail display, or vending
machine from which such unpackaged balloon, ball, marble,
toy, or game is dispensed,
shall bear or contain the cautionary statement described in
paragraph (2).
``(2) Label.--The cautionary statement required under
paragraph (1) for a balloon, ball, marble, toy, or game shall
be as follows:
``(A) Balloons.--In the case of balloons, or toys or games
that contain latex balloons, the following cautionary
statement applies:
[GRAPHIC] [TIFF OMITTED] TB11MY94.10a
``(B) Balls.--In the case of balls, the following
cautionary statement applies:
[GRAPHIC] [TIFF OMITTED] TB11MY94.11a
``(C) Marbles.--In the case of marbles, the following
cautionary statement applies:
[GRAPHIC] [TIFF OMITTED] TB11MY94.12a
``(D) Toys and games.--In the case of toys or games
containing balls, the following cautionary statement applies:
[GRAPHIC] [TIFF OMITTED] TB11MY94.13a
In the case of toys or games containing marbles, the
following cautionary statement applies:
[GRAPHIC] [TIFF OMITTED] TB11MY94.14a
``(c) General Labeling Requirements.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), any cautionary statement required under subsection (a)
or (b) shall be--
``(A) displayed in its entirety on the principal display
panel of the product's package, and on any descriptive
material which accompanies the product, and, in the case of
bulk sales of such product when unpackaged, on the bin,
container for retail display of the product, and any vending
machine from which the unpackaged product is dispensed, and
``(B) displayed in the English language in conspicuous and
legible type in contrast by typography, layout, or color with
other printed matter on such package, descriptive materials,
bin, container, and vending machine, and in a manner
consistent with part 1500 of title 16, Code of Federal
Regulations (or successor regulations thereto).
``(2) Exception for products manufactured outside united
states.--In the case of a product manufactured outside the
United States and directly shipped from the manufacturer to
the consumer by United States mail or other delivery service,
the accompanying material inside the package of the product
may fail to bear the required statement if other accompanying
material shipped with the product bears such statement.
``(3) Special rules for certain packages.--(A) A cautionary
statement required by subsection (a) or (b) may, in lieu of
display on the principal display panel of the product's
package, be displayed on another panel of the package if--
``(i) the package has a principal display panel of 15
square inches or less and the required statement is displayed
in three or more languages; and
``(ii) the statement specified in subparagraph (B) is
displayed on the principal display panel and is accompanied
by an arrow or other indicator pointing toward the place on
the package where the statement required by subsection (a) or
(b) appears.
``(B)(i) In the case of a product to which subsection (a),
subsection (b)(2)(B), subsection (b)(2)(C), or subsection
(b)(2)(D) applies, the statement specified by this
subparagraph is as follows:
[GRAPHIC] [TIFF OMITTED] TB11MY94.15a
``(ii) In the case of a product to which subsection
(b)(2)(A) applies, the statement specified by this
subparagraph is as follows:
[GRAPHIC] [TIFF OMITTED] TB11MY94.16a
``(d) Treatment as Misbranded Hazardous Substance.--A
balloon, ball, marble, toy, or game, that is not in
compliance with the requirements of this subsection shall be
considered a misbranded hazardous substance under section
2(p).''.
(b) Other Small Balls.--A small ball--
(1) intended for children under the age of 3 years of age,
and
(2) with a diameter of 1.75 inches or less,
shall be considered a banned hazardous substance under
section 2(q) of the Federal Hazardous Substances Act (15
U.S.C. 1261(q)).
(c) Regulations.--The Consumer Product Safety Commission
(hereinafter referred to as the ``Commission'') shall
promulgate regulations, under section 553 of title 5, United
States Code, for the implementation of this section and
section 24 of the Federal Hazardous Substances Act by July 1,
1994, or the date that is 6 months after the date of
enactment of this Act, whichever occurs first. Subsections
(f) through (i) of section 3 of the Federal Hazardous
Substances Act (15 U.S.C. 1262) shall not apply with respect
to the issuance of regulations under this subsection.
(d) Effective Date; Applicability.--Subsections (a) and (b)
shall take effect January 1, 1995, and section 24 of the
Federal Hazardous Substances Act shall apply only to products
entered into commerce on or after January 1, 1995.
(e) Preemption.--
(1) In General.--Subject to paragraph (2), a State or
political subdivision of a State may not establish or enforce
a requirement relating to cautionary labeling of small parts
hazards or choking hazards in any toy, game, marble, small
ball, or balloon intended or suitable for use by children
unless such requirement is identical to a requirement
established by amendments made by this section to the Federal
Hazardous Substances Act or by regulations promulgated by the
Commission.
(2) Exception.--A State or political subdivision of a State
may, until January 1, 1995, enforce a requirement described
in paragraph (1) if such requirement was in effect on October
2, 1993.
SEC. 102. REPORTING REQUIREMENTS.
(a) Reports to Consumer Product Safety Commission.--
(1) Requirement to report.--Each manufacturer, distributor,
retailer, and importer of a marble, small ball, or latex
balloon, or a toy or game that contains a marble, small ball,
latex balloon, or other small part, shall report to the
Commission any information obtained by such manufacturer,
distributor, retailer, or importer which reasonably supports
the conclusion that--
(A) an incident occurred in which a child (regardless of
age) choked on such a marble, small ball, or latex balloon or
on a marble, small ball, latex balloon, or other small part
contained in such toy or game; and
(B) as a result of that incident the child died, suffered
serious injury, ceased breathing for any length of time, or
was treated by a medical professional.
(2) Treatment under cpsa.--For purposes of section 19(a)(3)
of the Consumer Product Safety Act (15 U.S.C. 2068(a)(3)),
the requirement to report information under this subsection
is deemed to be a requirement under such Act.
(3) Effect on liability.--A report by a manufacturer,
distributor, retailer, or importer under paragraph (1) shall
not be interpreted, for any purpose, as an admission of
liability or of the truth of the information contained in the
report.
[[Page 897]]
(b) Confidentiality Protections.--The confidentiality
protections of section 6(b) of the Consumer Product Safety
Act (15 U.S.C. 2055(b)) apply to any information reported to
the Commission under subsection (a) of this section. For
purposes of section 6(b)(5) of such Act, information so
reported shall be treated as information submitted pursuant
to section 15(b) of such Act respecting a consumer product.
TITLE II--CHILDREN'S BICYCLE HELMET SAFETY
SEC. 201. SHORT TITLE.
This title may be cited as the ``Children's Bicycle Helmet
Safety Act of 1994''.
SEC. 202. ESTABLISHMENT OF PROGRAM.
(a) In General.--The Administrator of the National Highway
Traffic Safety Administration may, in accordance with section
203, make grants to States, political subdivisions of States,
and nonprofit organizations for programs that require or
encourage individuals under the age of 16 to wear approved
bicycle helmets. In making those grants, the Administrator
shall allow grantees to use wide discretion in designing
programs that effectively promote increased bicycle helmet
use.
(b) Federal Share.--The amount provided by a grant under
this section shall not exceed 80 percent of the cost of the
program for which the grant is made. In crediting the
recipient State, political subdivision, or nonprofit
organization for the non-Federal share of the cost of such a
program (other than planning and administration), the
aggregate of all expenditures made by such State, political
subdivision, or nonprofit organization (exclusive of Federal
funds) for the purposes described in section 203 (other than
expenditures for planning and administration) shall be
available for such crediting, without regard to whether such
expenditures were actually made in connection with such
program.
SEC. 203. PURPOSES FOR GRANTS.
A grant made under section 202 may be used by a grantee
to--
(1) enforce a law that requires individuals under the age
of 16 to wear approved bicycle helmets on their heads while
riding on bicycles;
(2) provide assistance, to individuals under the age of 16
who may not be able to afford approved bicycle helmets, to
enable such individuals to acquire such helmets;
(3) develop and administer a program to educate individuals
under the age of 16 and their families on the importance of
wearing such helmets in order to improve bicycle safety; or
(4) carry out any combination of the activities described
in paragraphs (1), (2), and (3).
The Administrator shall review grant applications for
compliance with this section prior to awarding grants.
SEC. 204. REPORT TO CONGRESS.
Not later than May 1, 1997, the Administrator of the
National Highway Traffic Safety Administration shall report
to Congress on the effectiveness of the grant program
established by section 202. The report shall include a list
of grant recipients, a summary of the types of programs
implemented by the grantees, and any recommendation by the
Administrator regarding how the program should be changed in
the future.
SEC. 205. STANDARDS.
(a) In General.--Bicycle helmets manufactured 9 months or
more after the date of the enactment of this Act shall
conform to--
(1) any interim standard described under subsection (b),
pending the establishment of a final standard pursuant to
subsection (c); and
(2) the final standard, once it has been established under
subsection (c).
(b) Interim Standards.--The interim standards are as
follows:
(1) The American National Standards Institute standard
designated as ``Z90.4-1984''.
(2) The Snell Memorial Foundation standard designated as
``B-90''.
(3) The American Society for Testing and Materials (ASTM)
standard designated as ``F 1447''.
(4) Any other standard that the Commission determines is
appropriate.
(c) Final Standard.--Not later than 60 days after the date
of the enactment of this Act, the Commission shall begin a
proceeding under section 553 of title 5, United States Code,
to--
(1) review the requirements of the interim standards set
forth in subsection (a) and establish a final standard based
on such requirements;
(2) include in the final standard a provision to protect
against the risk of helmets coming off the heads of bicycle
riders;
(3) include in the final standard provisions that address
the risk of injury to children; and
(4) include additional provisions as appropriate.
Sections 7, 9, and 30(d) of the Consumer Product Safety Act
(15 U.S.C. 2056, 2058, 2079(d)) shall not apply to the
proceeding under this subsection and section 11 of such Act
(15 U.S.C. 2060) shall not apply with respect to any standard
issued under such proceeding. The final standard shall take
effect 1 year from the date it is issued.
(d) Failure to Meet Standards.--
(1) Failure to meet interim standard.--Until the final
standard takes effect, a bicycle helmet that does not conform
to an interim standard as required under subsection (a)(1)
shall be considered in violation of a consumer product safety
standard promulgated under the Consumer Product Safety Act.
(2) Status of final standard.--The final standard developed
under subsection (c) shall be considered a consumer product
safety standard promulgated under the Consumer Product Safety
Act.
SEC. 206. AUTHORIZATION OF APPROPRIATIONS.
For the National Highway Traffic Safety Administration to
carry out the grant program authorized by this title, there
are authorized to be appropriated $2,000,000 for fiscal year
1995, $3,000,000 for fiscal year 1996, and $4,000,000 for
fiscal year 1997.
SEC. 207. DEFINITION.
In this title, the term ``approved bicycle helmet'' means a
bicycle helmet that meets--
(1) any interim standard described in section 205(b),
pending establishment of a final standard under section
205(c); and
(2) the final standard, once it is established under
section 205(c).
And the House agree to the same.
From the Committee on Energy and Commerce, for consideration
of the House bill, and the Senate amendment, and
modifications committed to conference:
John D. Dingel,
Cardiss Collins,
Edolphus Towns,
Carlos J. Moorhead,
Cliff Stearns,
Norman Y. Mineta,
James L. Oberstar,
Nick Rahall,
Bud Shuster,
Thomas E. Petri,
Managers on the Part of the House.
Fritz Hollings,
Wendell Ford,
Richard H. Bryan,
Jack Danforth,
Slade Gorton,
Managers on the Part of the Senate.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mrs. COLLINS of
Illinois and Mr. MOORHEAD, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said conference report?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said conference report was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said conference report was agreed to was, by unanimous consent, laid on
the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 54.17 minority health improvement
Mr. WAXMAN moved to suspend the rules and pass the bill (H.R. 3869) to
amend the Public Health Service Act to revise and extend programs
relating to the health of individuals who are members of minority
groups, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. WAXMAN and Mr.
MOORHEAD, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
On motion of Mr. WAXMAN, by unanimous consent, the bill of the Senate
(S. 1569) to amend the Public Health Service Act to revise and extend
programs relating to the health of individuals who are members of
minority groups, and for other purposes; was taken from the Speaker's
table.
When said bill was considered and read twice.
Mr. WAXMAN submitted the following amendment which was agreed to:
Strike out all after the enacting clause and insert the provisions of
H.R. 3869 as passed by the House.
The bill, as amended, was ordered to be read a third time, was read a
third time by title, and passed.
By unanimous consent, the title was amended so as to read: ``An Act to
amend the Public Health Service Act to revise and extend programs
relating to the health of individuals who are members of minority
groups, and for other purposes.''.
A motion to reconsider the votes whereby said bill, as amended, was
passed and the title was amended was, by unanimous consent, laid on the
table.
On motion of Mr. WAXMAN, by unanimous consent, it was,
[[Page 898]]
Resolved, That the House insist upon its amendments and request a
conference with the Senate on the disagreeing votes of the two Houses
thereon.
Thereupon, the SPEAKER pro tempore, Mr. MONTGOMERY, by unanimous
consent, announced the appointment of Messrs. Dingell, Waxman,
Richardson, Towns, Washington, Moorhead, Bliley and Bilirakis, as
managers on the part of the House at said conference.
Ordered, That the Clerk notify the Senate thereof.
By unanimous consent, H.R. 3869, a similar House bill, was laid on the
table.
Para. 54.18 washington soap box derby
Mr. TRAFICANT moved to suspend the rules and agree to the following
concurrent resolution (H. Con. Res. 238):
Resolved by the House of Representatives (the Senate
concurring),
SECTION 1. AUTHORIZATION OF SOAP BOX DERBY RACES ON CAPITOL
GROUNDS.
The Greater Washington Soap Box Derby Association
(hereinafter in this resolution referred to as the
``Association'') shall be permitted to sponsor a public
event, soap box derby races, on the Capitol grounds on July
16, 1994, or on such other date as the Speaker of the House
of Representatives and the President pro tempore of the
Senate may jointly designate.
SEC. 2. CONDITIONS.
The event to be carried out under this resolution shall be
free of admission charge to the public and arranged not to
interfere with the needs of Congress, under conditions to be
prescribed by the Architect of the Capitol and the Capitol
Police Board; except that the Association shall assume full
responsibility for all expenses and liabilities incident to
all activities associated with the event.
SEC. 3. STRUCTURES AND EQUIPMENT.
For the purposes of this resolution, the Association is
authorized to erect upon the Capitol grounds, subject to the
approval of the Architect of the Capitol, such stage, sound
amplification devices, and other related structures and
equipment as may be required for the event to be carried out
under this resolution.
SEC. 4. ADDITIONAL ARRANGEMENTS.
The Architect of the Capitol and the Capitol Police Board
are authorized to make any such additional arrangements that
may be required to carryout the even under this resolution.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. TRAFICANT and
Mr. PETRI, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said concurrent resolution was agreed to was, by unanimous consent, laid
on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
Para. 54.19 sam b. hall, jr. courthouse
Mr. TRAFICANT moved to suspend the rules and pass the bill (H.R. 3840)
to designate the Federal building and United States courthouse located
at 100 East Houston in Marshall, Texas, as the ``Sam B. Hall, Jr.
Federal Building and United States Courthouse''.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. TRAFICANT and
Mr. PETRI, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. MAZZOLI, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 54.20 brien mcmahon federal building
Mr. TRAFICANT moved to suspend the rules and pass the bill (H.R. 3724)
to designate the United States courthouse located in Bridgeport,
Connecticut, as the ``Brien McMahon Federal Building''.
The SPEAKER pro tempore, Mr. MAZZOLI, recognized Mr. TRAFICANT and Mr.
PETRI, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. MAZZOLI, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 54.21 medgar wiley evers post office
Miss COLLINS of Michigan moved to suspend the rules and pass the bill
(H.R. 3863) to designate the Post Office building located at 401 E.
South Street in Jackson, Mississippi, as the ``Megar Wiley Evers Post
Office''.
The SPEAKER pro tempore, Mr. MAZZOLI, recognized Miss COLLINS of
Michigan and Mr. PETRI, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. MAZZOLI, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 54.22 roy m. wheat post office
Miss COLLINS of Michigan moved to suspend the rules and pass the bill
(H.R. 3839) to designate the United States Post Office located at 220
South 40th Avenue in Hattiesburg, Mississippi, as the ``Roy M. Wheat
Post Office''; as amended.
The SPEAKER pro tempore, Mr. MAZZOLI, recognized Miss COLLINS of
Michigan and Mr. PETRI, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill; as amended?
The SPEAKER pro tempore, Mr. MAZZOLI, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
designate the United States Post Office building located at 220 South
40th Avenue in Hattiesburg, MS, as the Roy M. Wheat Post Office.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 54.23 john longo, jr. post office
Miss COLLINS of Michigan moved to suspend the rules and pass the bill
(H.R. 3984) to designate the United States post office located at 212
Colemen Avenue in Waveland, Mississippi, as the ``John Longo, Jr. Post
Office''; as amended.
The SPEAKER pro tempore, Mr. MAZZOLI, recognized Miss COLLINS of
Michigan and Mr. PETRI, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MAZZOLI, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
[[Page 899]]
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
designate the building located at 216 Coleman Avenue in Waveland, MS,
for the period of time during which it houses operations of the United
States Postal Service, as the John Longo, Jr. Post Office.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 54.24 candace white post office
Miss COLLINS of Michigan moved to suspend the rules and pass the bill
(H.R. 4177) to designate the Post Office building located at 1601
Highway 35 in Middletown, New Jersey, as the ``Candace White United
States Post Office''; as amended.
The SPEAKER pro tempore, Mr. MAZZOLI, recognized Miss COLLINS of
Michigan and Mr. PETRI, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MAZZOLI, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
designate the United States Post Office building located at 1601 Highway
35 in Middletown, New Jersey, as the `Candace White Post Office'.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 54.25 alvaro de lugo post office
Miss COLLINS of Michigan moved to suspend the rules and pass the bill
(H.R. 4190) to designate the United States Post Office located at 41-42
Norre Gade in Saint Thomas, Virgin Islands, as the ``Alvaro de Lugo
United States Post Office''; as amended.
The SPEAKER pro tempore, Mr. MAZZOLI, recognized Miss COLLINS of
Michigan and Mr. PETRI, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MAZZOLI, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
designate the building located at 41-42 Norre Gade in Saint Thomas,
Virgin Islands, for the period of time during which it houses operations
of the United States Postal Service, as the Alvaro de Lugo Post
Office.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 54.26 aubrey c. ottlely post office
Miss COLLINS of Michigan moved to suspend the rules and pass the bill
(H.R. 4191) to designate the United States Post Office located at 9630
Estate Thomas in Saint Thomas, Virgin Islands, as the ``Aubrey C. Ottley
United States Post Office''; as amended.
The SPEAKER pro tempore, Mr. MAZZOLI, recognized Miss COLLINS of
Michigan and Mr. PETRI, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MAZZOLI, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
designate the United States Post Office building located at 9630 Estate
Thomas in Saint Thomas, Virgin Islands, as the `Aubrey C. Ottley Post
Office'.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 54.27 recess--3:08 p.m.
The SPEAKER pro tempore, Mr. SYNAR, pursuant to clause 12 of rule I,
declared the House in recess at 3 o'clock and 8 minutes p.m., until 4:15
p.m.
Para. 54.28 after recess--4:17 p.m.
The SPEAKER pro tempore, Mr. MONTGOMERY, called the House to order.
Para. 54.29 naval vessels transfer
Mr. HAMILTON moved to suspend the rules and pass the bill (H.R. 4429)
to authorize the transfer of naval vessels to certain foreign countries;
as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. HAMILTON and
Mr. GILMAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 54.30 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
Para. 54.31 providing for the further consideration of h.r. 4301
Mr. FROST, by direction of the Committee on Rules, called up the
following resolution (H. Res. 431):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for further
consideration of the bill (H.R. 4301) to authorize
appropriations for fiscal year 1995 for military activities
of the Department of Defense, to prescribe military personnel
strengths for fiscal year 1995, and for the other purposes.
Sec. 2. After further general debate, which shall be
confined to the bill and amendments made in order by this
resolution and which shall not exceed one hour equally
divided and controlled by the chairman and ranking minority
member of the Committee on Armed Services, no further
amendment to the committee amendment in the nature of a
substitute shall be in order except the amendments printed in
the report of the Committee on Rules accompanying this
resolution or in part 1 of House Report 103-509 and
amendments en bloc described in section 4 of this resolution.
Except as specified in section 3, 4 or 5 of this resolution,
each amendment printed in the report shall be considered only
in the order printed and may be offered only by a Member
designated in the report. Each amendment printed in the
report shall be considered as read and shall not be subject
to a demand for division of the question in the House or in
the Committee of the Whole. Unless otherwise specified in the
report, each amendment printed in the report shall be
debatable for ten minutes equally divided and controlled by
the proponent and an opponent and shall not be subject to
amendment (except that pro forma amendments for the purpose
of debate may be offered by the chairman or ranking minority
member of the Committee on Armed Services). All points of
order against amendments printed in the report are waived.
Sec. 3. (a) After disposition of or postponement of further
proceedings on amendments printed in part 1 of the report of
the Committee on Rules accompanying this resolution or part 1
of House Report 103-509, it shall be in order to consider the
amendment printed in part 2 of that report.
(b) After disposition of or postponement of further
proceedings on the amendment printed in part 2 of the report
it shall be in order to consider the amendments printed in
part 3 of the report. Such consideration shall begin with an
additional period of general debate, which shall be confined
to the sub-
[[Page 900]]
ject of Bosnia and Herzegovina and shall not exceed thirty
minutes equally divided and controlled by the chairman and
ranking minority member of the Committee on Armed Services.
If more than one of the amendments printed in part 3 of the
report is adopted, only the last to be adopted shall be
considered as finally adopted and reported to the House.
(c) After disposition of or postponement of further
proceedings on the amendments printed in part 3 of the
report, it shall be in order to consider the amendments
printed in part 4 of the report. Such consideration shall
begin with an additional period of general debate, which
shall be confined to the subject of Haiti and shall not
exceed thirty minutes equally divided and controlled by the
chairman and ranking minority member of the Committee on
Armed Services.
(d) After disposition of or postponement of further
proceedings on the amendments printed in part 4 of the
report, it shall be in order to consider the amendment
printed in part 5 of the report.
(e) After disposition of or postponement of further
proceedings on the amendment printed in part 5 of the report,
it shall be in order to consider the amendments printed in
part 6 of the report. Such consideration shall begin with an
additional period of general debate, which shall be confined
to the C-17 aircraft and shall not exceed sixty minutes
equally divided and controlled by the chairman and ranking
minority member of the Committee on Armed Services.
(f) After disposition of or postponement of further
proceedings on the amendments printed in part 6 of the
report, it shall be in order to consider any amendment
printed in part 1 of that report or in part 1 of House Report
103-509 not previously considered.
Sec. 4. It shall be in order at any time for the chairman
of the Committee on Armed Services or his designee to offer
amendments en bloc consisting of amendments printed in part 1
of the report of the Committee on Rules accompanying this
resolution or in part 1 of House Report 103-509 or germane
modifications of any such amendment. Amendments en bloc
offered pursuant to this section shall be considered as read
(except that modifications shall be reported), shall be
debatable for twenty minutes equally divided and controlled
by the chairman and ranking minority member of the Committee
on Armed Services, shall not be subject to amendment, and
shall not be subject to a demand for division of the question
in the House or in the Committee of the Whole. For the
purpose of inclusion in such amendments en bloc, an amendment
printed in the form of a motion to strike may be modified to
the form of a germane perfecting amendment to the text
originally proposed to be stricken. All points of order
against such amendments en bloc are waived. The original
proponent of an amendment included in such amendments en bloc
may insert a statement in the Congressional Record
immediately before the disposition of the amendments en bloc.
Sec. 5. The chairman of the Committee of the Whole may
postpone until a time during further consideration in the
Committee of the Whole a request for a recorded vote on any
amendment made in order by this resolution. The chairman of
the Committee of the Whole may reduce to not less than five
minutes the time for voting by electronic device on any
postponed question that immediately follows another vote by
electronic device without intervening business, provided that
the time for voting by electronic device on the first in any
series of questions shall be not less than fifteen minutes.
The chairman of the Committee of the Whole may recognize for
consideration of any amendment made in order by this
resolution out of the order printed, but not sooner than one
hour after the chairman of the Committee on Armed Services or
a designee announces from the floor a request to that effect.
Sec. 6. At the conclusion of consideration of the bill for
amendment the Committee shall rise and report the bill to the
House with such amendments as may have been finally adopted.
Any Member may demand a separate vote in the House on any
amendment adopted in the Committee of the Whole to the bill
or to the committee amendment in the nature of a substitute.
The previous question shall be considered as ordered on the
bill and amendments thereto to final passage without
intervening motion except one motion to recommit with or
without instructions.
When said resolution was considered.
After debate,
On motion of Mr. FROST, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 54.32 waiving points of order against h.r. 4453
Mr. FROST, by direction of the Committee on Rules, reported (Rept. No.
103-523) the resolution (H. Res. 433) waiving certain points of order
against the bill (H.R. 4453) making appropriations for military
construction for the Department of Defense for the fiscal year ending
September 30, 1995, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 54.33 permission to file report
On motion of Mr. OBEY, by unanimous consent, the Committee on
Appropriations was granted permission until midnight tonight to file a
privileged report (Rept. No. 103-524) to accompany a bill providing
appropriations for Foreign Operations for fiscal year 1995, and for
other purposes.
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that all points of
order against said bill were reserved.
Para. 54.34 dod authorization
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to House Resolution
431 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the further consideration
of the bill (H.R. 4301) to authorize appropriations for fiscal year 1995
for military activities of the Department of Defense, to prescribe
military personnel strengths for fiscal year 1995, and for other
purposes.
Mr. OBERSTAR, Acting Chairman, assumed the chair; and after some time
spent therein,
Para. 54.35 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. SOLOMON:
At the end of title V (page 172, after line 22), insert the
following new section:
SEC. . MILITARY RECRUITING ON CAMPUS.
(a) Denial of Funds.--(1) No funds available to the
Department of Defense may be provided by grant or contract to
any educational institution that has a policy of denying, or
which effectively prevents, the Secretary of Defense from
obtaining for military recruiting purposes--
(A) entry to campuses or access to students on campuses; or
(B) access to directory information pertaining to students.
(2) Students referred to in paragraph (1) are individuals
who are 17 years of age or older.
(b) Procedures for Determination.--The Secretary of
Defense, in consultation with the Secretary of Education,
shall prescribe regulations that contain procedures for
determining if and when an educational institution has denied
or prevented access to students or information described in
subsection (a).
(c) Definition.--For purposes of this section, the term
``directory information'' means, with respect to a student,
the student's name, address, telephone listing, date and
place of birth, level of education, degrees received, and the
most recent previous educational institution enrolled in by
the student.
It was decided in the
Yeas
271
<3-line {>
affirmative
Nays
126
Para. 54.36 [Roll No. 191]
AYES--271
Allard
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Borski
Boucher
Brewster
Brooks
Browder
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cardin
Castle
Chapman
Clement
Clinger
Coble
Coleman
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Emerson
Everett
Ewing
Fawell
Fazio
Fingerhut
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Hefner
Herger
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Hoyer
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Johnson (CT)
Johnson (GA)
Johnson, Sam
Kasich
Kennelly
Kildee
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Lucas
Machtley
Manzullo
Martinez
Mazzoli
McCandless
McCollum
McCrery
McCurdy
[[Page 901]]
McDade
McHale
McHugh
McKeon
McMillan
McNulty
Menendez
Meyers
Mica
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Murphy
Murtha
Myers
Neal (NC)
Nussle
Orton
Oxley
Packard
Pallone
Parker
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Richardson
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Solomon
Spence
Spratt
Stearns
Stenholm
Stump
Stupak
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thurman
Torkildsen
Torricelli
Traficant
Upton
Valentine
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wilson
Wolf
Wynn
Young (AK)
Zeliff
Zimmer
NOES--126
Abercrombie
Ackerman
Andrews (ME)
Bacchus (FL)
Barrett (WI)
Becerra
Beilenson
Berman
Bonior
Brown (FL)
Cantwell
Clay
Clayton
Clyburn
Collins (IL)
Collins (MI)
DeFazio
DeLauro
Dellums
Derrick
Dingell
Dixon
Durbin
Edwards (CA)
Ehlers
Engel
English
Eshoo
Evans
Farr
Fields (LA)
Filner
Flake
Foglietta
Ford (MI)
Frank (MA)
Frost
Furse
Gejdenson
Gonzalez
Gutierrez
Hamburg
Harman
Hastings
Hilliard
Hinchey
Hoagland
Hughes
Jefferson
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Klink
Kopetski
Levin
Lewis (GA)
Long
Lowey
Maloney
Mann
Manton
Markey
McCloskey
McKinney
Meehan
Meek
Mfume
Miller (CA)
Mink
Moakley
Mollohan
Moran
Neal (MA)
Norton (DC)
Oberstar
Obey
Olver
Pastor
Payne (NJ)
Pelosi
Rahall
Rangel
Reed
Reynolds
Roemer
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Skaggs
Slaughter
Stark
Stokes
Strickland
Studds
Swift
Synar
Thompson
Thornton
Torres
Tucker
Underwood (GU)
Unsoeld
Velazquez
Vento
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wise
Woolsey
Wyden
Yates
NOT VOTING--41
Barca
Barlow
Blackwell
Brown (CA)
Carr
Conyers
Coyne
Deal
Faleomavaega (AS)
Fields (TX)
Fish
Ford (TN)
Gephardt
Grandy
Horn
Houghton
Huffington
Johnson (SD)
Kleczka
Klein
Margolies-Mezvinsky
Matsui
McDermott
McInnis
Michel
Mineta
Morella
Nadler
Ortiz
Owens
Ridge
Romero-Barcelo (PR)
Rose
Sangmeister
Santorum
Slattery
Snowe
Sundquist
Towns
Washington
Young (FL)
So the amendment was agreed to.
After some further time,
Para. 54.37 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. DELLUMS:
At the end of title X (page 277, after line 2), insert the
following new section:
SEC. 1038. ELIMINATION OF REGISTRATION REQUIREMENT UNDER
MILITARY SELECTIVE SERVICE ACT.
(a) Elimination of Registration Requirement.--Section 3 of
the Military Selective Service Act (50 U.S.C. App. 453) is
amended by adding at the end the following new subsection:
``(c) After September 30, 1994, no person shall be required
to present himself for and submit to registration under this
section.''.
(b) Effect of Amendment on Persons Already Subject to
Registration.--The amendment made by subsection (a) shall not
apply with respect to persons who, before October 1, 1994,
were required to register under section 3 of the Military
Selective Service Act (50 U.S.C. App. 453) and had not so
registered by that date or such later date as the President
considers to be appropriate.
It was decided in the
Yeas
125
<3-line {>
negative
Nays
273
Para. 54.38 [Roll No. 192]
AYES--125
Andrews (ME)
Archer
Barrett (NE)
Barrett (WI)
Becerra
Borski
Brown (CA)
Brown (OH)
Camp
Cantwell
Cardin
Chapman
Clay
Clayton
Collins (IL)
Collins (MI)
Coppersmith
Cox
Crane
DeFazio
DeLauro
DeLay
Dellums
Dingell
Dooley
Durbin
Edwards (CA)
English
Eshoo
Evans
Farr
Fazio
Filner
Ford (MI)
Frank (MA)
Franks (NJ)
Furse
Glickman
Gonzalez
Green
Gutierrez
Hall (OH)
Hamburg
Hastings
Hilliard
Hinchey
Hoke
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson, E.B.
Johnston
Kennedy
Kildee
Klug
Kreidler
Lambert
Leach
Lehman
Levin
Lewis (GA)
Long
Lowey
Maloney
Markey
McKinney
Meehan
Mfume
Miller (CA)
Miller (FL)
Minge
Mink
Mollohan
Murphy
Norton (DC)
Oberstar
Obey
Olver
Payne (NJ)
Pelosi
Penny
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Reynolds
Rohrabacher
Rostenkowski
Roth
Roybal-Allard
Royce
Rush
Sabo
Sanders
Schroeder
Scott
Sensenbrenner
Serrano
Sharp
Shays
Slaughter
Stark
Stokes
Strickland
Studds
Synar
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Walker
Waters
Watt
Waxman
Wheat
Williams
Woolsey
Wyden
Wynn
Yates
Zimmer
NOES--273
Abercrombie
Ackerman
Allard
Andrews (NJ)
Andrews (TX)
Applegate
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Bartlett
Barton
Bateman
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Boucher
Brewster
Brooks
Browder
Brown (FL)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Canady
Castle
Clement
Clyburn
Coble
Coleman
Collins (GA)
Combest
Condit
Cooper
Costello
Cramer
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dixon
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
Engel
Everett
Ewing
Fawell
Fields (LA)
Fingerhut
Flake
Foglietta
Fowler
Franks (CT)
Frost
Gallegly
Gallo
Gejdenson
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Gordon
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hoagland
Hobson
Hochbrueckner
Hoekstra
Holden
Hoyer
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson (GA)
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kennelly
Kim
King
Kingston
Klink
Knollenberg
Kolbe
Kopetski
Kyl
LaFalce
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Lucas
Machtley
Mann
Manton
Manzullo
Martinez
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McKeon
McMillan
McNulty
Meek
Menendez
Meyers
Mica
Moakley
Molinari
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Neal (MA)
Neal (NC)
Nussle
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Peterson (FL)
Petri
Pickett
Pickle
Pombo
Porter
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Rangel
Ravenel
Reed
Regula
Richardson
Roberts
Roemer
Rogers
Ros-Lehtinen
Roukema
Rowland
Sarpalius
Sawyer
Saxton
Schaefer
Schiff
Schumer
Shaw
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Solomon
Spence
Spratt
Stearns
Stenholm
Stump
Stupak
Swett
Swift
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Traficant
Visclosky
Volkmer
Vucanovich
Walsh
Weldon
Whitten
Wilson
Wise
Wolf
Young (AK)
Zeliff
NOT VOTING--40
Barlow
Blackwell
Carr
Clinger
Conyers
Coyne
Deal
Faleomavaega (AS)
Fields (TX)
Fish
Ford (TN)
Gephardt
Grandy
Horn
Houghton
Huffington
Johnson (SD)
Kleczka
Klein
Margolies-Mezvinsky
Matsui
McDermott
McInnis
Michel
Mineta
Nadler
Ortiz
Owens
Ridge
Romero-Barcelo (PR)
Rose
Sangmeister
Santorum
Schenk
Slattery
Snowe
Sundquist
Towns
Washington
Young (FL)
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. MOAKLEY, assumed the Chair.
When Mr. DURBIN, Chairman, reported that the Committee, having had
[[Page 902]]
under consideration said bill, had come to no resolution thereon.
Para. 54.39 dod authorization
The SPEAKER pro tempore, Mr. MOAKLEY, pursuant to House Resolution 431
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 4301) to authorize appropriations for fiscal year 1995
for military activities of the Department of Defense, to prescribe
military personnel strengths for fiscal year 1995, and for other
purposes.
Mr. DURBIN, Chairman, assumed the chair; and after some time spent
therein,
The SPEAKER pro tempore, Mr. SCOTT, assumed the Chair.
When Mr. DURBIN, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
Para. 54.40 modification of conferees--h.r. 3474
The SPEAKER pro tempore, Mr. SCOTT, by unanimous consent, made the
following modification in the appointment of conferees on the part of
the House to the conference with the Senate on the disagreeing votes of
the two Houses on the amendments of the Senate to the bill (H.R 3474) to
reduce administrative requirements for insured depository institutions
to the extent consistent with safe and sound banking practices, to
facilitate the establishment of community development financial
institutions, and for other purposes:
From the Committee on Banking, Finance and Urban Affairs, Mr. Lazio is
appointed in lieu of Mr. Ridge for consideration of title VI of the
Senate amendment.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 54.41 appointment of additional conferees--h.r. 3355
The SPEAKER pro tempore, Mr. SCOTT, by unanimous consent, made the
following additional appointments of conferees on the part of the House
to the conference with the Senate on the disagreeing votes of the two
Houses on the House amendment to the amendment of the Senate to the bill
(H.R 3355) to amend the Omnibus Crime Control and Safe Streets Act of
1968 to allow grants for the purpose of developing and implementing
residential substance abuse treatment programs within State correctional
facilities, as well as within local correctional facilities in which
inmates are incarcerated for a period of time suffiecient to permit
substance abuse treatment: Messrs. Mineta, Rahall, Nadler, Shuster, and
Petri.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 54.42 message from the president--atomic energy agreement
The SPEAKER pro tempore, Mr. SCOTT, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
I am pleased to transmit to the Congress, pursuant to section 123d. of
the Atomic Energy Act of 1954, as amended, the text of an amendment to
the Agreement Between the Government of the United States of America and
the Government of the United Kingdom of Great Britain and Northern
Ireland for Cooperation on the Uses of Atomic Energy for Mutual Defense
Purposes of July 3, 1958, as amended, and my written approval,
authorization, and determination concerning the agreement. The joint
unclassified letter submitted to me by the Secretaries of Energy and
Defense that provide a summary position on the Amendment is also
enclosed.
The Amendment extends for 10 years (until December 31, 2004)
provisions which permit the transfer of nonnuclear parts, source,
byproduct, special nuclear materials, and other material and technology
for nuclear weapons and military reactors, and revises text, principally
in the Security Annex, to be consistent with current policies and
practices relating to personnel and physical security. Additionally,
certain activities related to naval nuclear reactor plant technology
have been completed and those provisions have been deleted from the
Supplemental Technical Annex.
In my judgment, the proposed Amendment meets all statutory
requirements. The United Kingdom intends to continue to maintain viable
nuclear forces. In light of our previous close cooperation and the fact
that the United Kingdom has committed its nuclear forces to the North
Atlantic Treaty Organization, I have concluded that it is in our
interest to continue to assist them in maintaining a credible nuclear
force.
I have approved the Amendment, authorized its execution, and urge that
the Congress give it favorable consideration.
William J. Clinton.
The White House, May 23, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Foreign Affairs and ordered to
be printed (H. Doc. 103-260).
Para. 54.43 question of order of the house
On motion of Mr. PALLONE, by unanimous consent,
Ordered, That the trial period established on February 11, 1994, for
recognition for future special order speeches be continued through
Thursday, May 26, 1994.
Para. 54.44 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. ORTIZ, for today and May 24;
To Mr. DEAL, for today;
To Mr. MINETA, for today;
To Mr. KLECZKA, for today;
To Mr. WASHINGTON, for today and May 24;
To Mr. HORN, for today and balance of the week; and
To Mr. CLINGER, for today after 6:30 p.m.
And then,
Para. 54.45 adjournment
On motion of Mr. SHAYS, at 8 o'clock and 46 minutes p.m., the House
adjourned until 10:30 a.m. on Tuesday, May 24, 1994.
Para. 54.46 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. STUDDS: Committee on Merchant Marine and Fisheries.
H.R. 3679. A bill to authorize appropriations to expand
implementation of the Junior Duck Stamp Conservation Program
conducted by the U.S. Fish and Wildlife Service; with
amendments (Rept. No. 103-521). Referred to the Committee of
the Whole House on the State of the Union.
Mr. STUDDS: Committee on Merchant Marine and Fisheries.
H.R. 3982. A bill entitled ``The Ocean Radioactive Dumping
Ban Act of 1994''; with an amendment (Rept. No. 103-522).
Referred to the Committee of the Whole House on the state of
the Union.
Mr. HALL of Ohio: Committee on Rules. House Resolution 433.
Resolution waiving certain points of order against the bill
(H.R. 4453) making appropriations for military construction
for the Department of Defense for the fiscal year ending
September 30, 1995, and for other purposes (Rept. No. 103-
523). Referred to the House Calendar.
Mr. OBEY: Committee on Appropriations. H.R. 4426. A bill
making appropriations for foreign operations, export
financing, and related programs for the fiscal year ending
September 30, 1995; with an amendment (Rept. No. 103-524).
Referred to the Committee of the Whole House on the State of
the Union.
Para. 54.47 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. EHLERS:
H.R. 4471. A bill to amend title 11 of the United States
Code to make nondischargeable a debt for death or injury
caused by the debtor's operation of watercraft or aircraft
while intoxicated; to the Committee on the Judiciary.
By Mr. SENSENBRENNER:
H.R. 4472. A bill to provide that the prevailing party in a
tort action is entitled to recover attorneys' fees from the
nonprevailing party; to the Committee on the Judiciary.
By Mr. TALENT (for himself, Mr. Hutchinson, Mr. Canady,
Mr. Armey, Mr. Baker of California, Mr. Ballenger,
Mr. Barton of Texas, Mr. Bliley, Mr. Blute, Mr.
Boehner, Mr. Burton of Indiana, Mr. Calvert, Mr.
Coble, Mr. Collins of Georgia, Mr. Crane, Mr. Dickey,
Mr. Doolittle, Mr. Dornan, Mr. Ewing, Mr. Grams, Mr.
Hancock, Mr. Hastert, Mr. Hoekstra, Mr. Hunter, Mr.
Istook, Mr. Sam Johnson, Mr. Kingston, Mr. Levy, Mr.
Manzullo, Mr. McCollum, Mr. McCrery, Mr. McHugh,
Mr. Pombo, Mr. Rohrabacher, Mr. Roth,
Mr. Solo-
[[Page 903]]
mon, Mr. Stearns, Mr. Stump, Mr. Walker, and Mr.
Zeliff):
H.R. 4473. A bill to restore the American family, reduce
illegitimacy, and reduce welfare dependence; jointly, to the
Committees on Ways and Means; Agriculture; Banking, Finance
and Urban Affairs; Education and Labor; Energy and Commerce;
the Judiciary; Rules; Natural Resources; Public Works and
Transportation; and Government Operations.
By Mr. FRANK of Massachusetts:
H.R. 4474. A bill to amend title 11 of the United States
Code to require the performance of the debtor's obligations
under an unexpired lease of certain personal property until
such lease is assumed or rejected under section 365 of such
title; to the Committee on the Judiciary.
By Mr. FRANKS of New Jersey (for himself, Mr. Clinger,
Mr. Neal of Massachusetts, Mr. Gingrich, Mr. Pallone,
Mr. Bacchus of Florida, Mr. Boehner, Mr. Zimmer, and
Mr. Gilchrest):
H.R. 4475. A bill to direct the Administrator of the
Environmental Protection Agency to conduct a study to
identify future funding options for financing infrastructure
projects under the Federal Water Pollution Control Act; to
the Committee on Public Works and Transportation.
By Mr. GILMAN (for himself, Mr. Ackerman, and Mr.
Shays):
H. Con. Res. 251. Concurrent resolution to express the
sense of the Congress that the President should report to the
Congress on the situation in Kosova and on his
recommendations on ways to enhance international protection
of the rights of the people of Kosova; to the Committee on
Foreign Affairs.
By Mr. ANDREWS of New Jersey (for himself, Mrs. Byrne,
Mr. Andrews of Maine, Ms. Schenk, Mr. Hastings, Mr.
Deutsch, and Mr. Hochbrueckner):
H. Res. 432. Resolution requiring the House of
Representatives to take any legislative action necessary to
verify the ratification of the Equal Rights Amendment as part
of the Constitution, when the legislatures of an additional 3
States ratify the Equal Rights Amendment; to the Committee on
the Judiciary.
By Mr. PORTMAN:
H. Res. 434. Resolution expressing the sense of the House
of Representatives that any law enacted pertaining to the
reform of our Nation's health care system should apply to
Members of Congress and all Federal employees enrolled in the
Federal Employees Health Benefits Program [FEHBP], including
any individual who is appointed or elected to a position in
the executive, legislative, or judicial branch of the U.S.
Government; jointly, to the Committees on Energy and
Commerce, Ways and Means, and Post Office and Civil Service.
Para. 54.48 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
396. By the SPEAKER: Memorial of the House of
Representatives of the State of Colorado, relative to the
10th Amendment to the U.S. Constitution, and asserts the
sovereignty of the State of Colorado; to the Committee on the
Judiciary.
397. Also, memorial of the Senate of the State of
Tennessee, relative to taxes; to the Committee on the
Judiciary.
398. Also, memorial of the House of Representatives of the
Commonwealth of Pennsylvania, relative to statues requiring
the use of helmets by motorcyclists; to the Committee on
Public Works and Transportation.
Para. 54.49 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 123: Mr. Stearns, Mr. Dreier, Ms. Dunn, Mr. Thomas of
Wyoming, Mr. Rowland, Mr. Tauzin, Mr. Portman, Mrs.
Vucanovich, Mr. Regula, Mr. Pickett, Mr. Horn, Mrs. Byrne,
and Mr. Wolf.
H.R. 124: Mr. Ehlers and Mr. Calvert.
H.R. 417: Mr. Ackerman, Mr. Barrett of Nebraska, Ms. Dunn,
and Mr. Cunningham.
H.R. 425: Mr. Abercrombie.
H.R. 426: Mr. Rowland.
H.R. 427: Mr. Abercrombie.
H.R. 512: Mr. Fingerhut.
H.R. 672: Ms. Velazquez and Mr. Sangmeister.
H.R. 885: Mr. Paxon.
H.R. 1110: Mr. Smith of Michigan.
H.R. 1155: Mr. Faleomavaega.
H.R. 1621: Mr. Franks of New Jersey.
H.R. 1671: Mr. Waxman.
H.R. 2105: Mr. Frank of Massachusetts.
H.R. 2587: Mr. Hefley and Mr. Kyl.
H.R. 2936: Mr. Fingerhut.
H.R. 2938: Mr. Fingerhut.
H.R. 2959: Mr. Ravenel.
H.R. 3087: Mr. Ehlers, Mrs. Schroeder, Mr. Klink, Mr.
Ackerman, Mr. Condit, and Mr. Klug.
H.R. 3173: Mr. Holden, and Mr. Sisisky.
H.R. 3386: Mr. Bachus of Alabama.
H.R. 3434: Mr. Wheat.
H.R. 3458: Mr. Ehlers, and Mrs. Myers of Kansas.
H.R. 3490: Mr. Oberstar.
H.R. 3546: Mr. Hutto, Mr. Thomas of Wyoming, Mr.
Washington, and Mr. Oberstar.
H.R. 3642: Mr. Bilbray, Mr. Frost, Mr. Kildee, Mr. Mazullo,
Mr. Nussle, Mr. Shays, and Mr. Spratt.
H.R. 3820: Mrs. Bentley, Mr. Diaz-Balart, Mr. Hoekstra, Mr.
Rohrabacher, Mr. Andrews of Texas, Mr. Peterson of Minnesota,
Mr. Applegate, Mr. Sangmeister, Mr. McNulty, Mr. Berman, Mr.
Meehan, Mr. Fazio, Mr. Baker of California, Mr. Roth, and
Mrs. Kennelly.
H.R. 3838: Mr. Boucher.
H.R. 3871: Mr. Zeliff, and Mr. Bateman.
H.R. 3879: Mr. Watt, Mr. Rose, Mr. Ridge, Ms. Pryce of
Ohio, Mr. Lancaster, Mr. Huffington, and Mr. LaRocco.
H.R. 3982: Mr. Studds.
H.R. 4019: Mr. Hilliard.
H.R. 4091: Mr. Owens, Mr. Sanders, Mr. Wynn, Ms. McKinney,
and Ms. Shepherd.
H.R. 4109: Mr. Castle.
H.R. 4189: Mr. Talent, Mr. Schiff, and Mr. Porter.
H.R. 4210: Mr. Goodling, Mr. Gingrich, and Mrs. Meyers of
Kansas.
H.R. 4237: Mr. Waxman and Mr. Engel.
H.R. 4251: Mr. Petri and Mr. Hilliard.
H.R. 4315: Mr. Smith of Iowa.
H.R. 4343: Mr. Crane.
H.R. 4365: Mr. Sarpalius and Mr. Inslee.
H.R. 4400: Mr. Conyers.
H.R. 4403: Mr. Rogers, and Mrs. Lloyd.
H.R. 4412: Mr. Paxon, Mr. Durbin, Mr. Minge, and Mrs.
Meyers of Kansas.
H.J. Res. 38: Mr. Leach.
H.J. Res. 209: Mr. Baesler and Mr. LaRocco.
H.J. Res. 266: Mr. Richardson.
H.J. Res. 297: Mr. Watt, Mr. McCollum, Mr. Sisisky, and Mr.
Waxman.
H.J. Res. 315: Mr. Sisisky.
H.J. Res. 356: Mr. Coleman, Mr. Barrett of Wisconsin, and
Ms. Woolsey.
H.J. Res. 359: Mrs. Mink of Hawaii, Mr. Skeen, Mr.
Doolittle, Mr. Johnson of South Dakota, Mr. Bateman, Mrs.
Thurman, Mrs. Morella, and Mr. Rahall.
H. Con. Res. 17: Mr. Rahall, Mr. Gilman, Mr. de la Garza,
and Mr. Sangmeister.
H. Con. Res. 52: Mr. Farr.
H. Con. Res. 98: Mrs. Maloney, Mr. Thomas of California,
Mr. McMillan, and Mr. Porter.
H. Con. Res. 110: Mr. Pomeroy, Mrs. Thurman, and Mr.
Goodling.
H. Con. Res. 126: Mrs. Johnson of Connecticut, Mrs.
Kennelly, and Mr. Gejdenson.
H. Con. Res. 148: Mr. Lewis of Florida, Mr. Hancock, and
Mr. Pombo.
H. Con. Res. 188: Mrs. Maloney, Mr. Ehlers, Mr. Peterson of
Florida, Mr. Machtley, Mr. Neal of Massachusetts, Mr. Bacchus
of Florida, Mr. Owens, and Mr. Klug.
H. Res. 247: Mr. Hutchinson and Mr. Petri.
H. Res. 390: Mrs. Byrne.
H. Res. 430: Mr. McDermott, Mrs. Thurman, Mr. Schumer, Mr.
Pallone, Ms. Lowey, Mr. Ackerman, Mr. Baesler, Ms. Brown of
Florida, Mr. Berman, and Mr. Manzullo.
.
TUESDAY, MAY 24, 1994 (55)
Para. 55.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mrs. LLOYD,
at 10:30 a.m., who laid before the House the following communication:
Washington, DC,
May 24, 1994.
I hereby designate the Honorable Marilyn Lloyd to act as
Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Whereupon, pursuant to the order of the House of Friday, February 11,
1994, and Monday, May 23, 1994, Members were recognized for ``morning
hour'' debates.
Para. 55.2 recess--11:02 a.m.
The SPEAKER pro tempore, Mrs. LLOYD, pursuant to clause 12 of rule I,
at 11 o'clock and 2 minutes a.m. declared the House in recess until 12
o'clock noon.
Para. 55.3 after recess--12:00 noon
The SPEAKER pro tempore, Mrs. LLOYD, called the House to order.
Para. 55.4 approval of the journal
The SPEAKER pro tempore, Mrs. LLOYD, announced she had examined and
approved the Journal of the proceedings of Monday, May 24, 1994.
Mr. TRAFICANT, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mrs. LLOYD, announced that the yeas had it.
Mr. TRAFICANT objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mrs. LLOYD, pursuant to clause 5, rule I,
announced that the vote would be postponed until later today.
The point of no quorum was considered as withdrawn.
Para. 55.5 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
[[Page 904]]
3253. A letter from the Board of Governors, Federal Reserve
System, transmitting the annual report on activities under
the Freedom of Information Act for the Federal Open Market
Committee of the Federal Reserve System during the calendar
year 1993, pursuant to 5 U.S.C. 552(d); to the Committee on
Government Operations.
3254. A letter from the Under Secretary, Department of
Defense, transmitting a report on defense contracts awarded
to companies in countries that provide shipbuilding subsidies
or engage in ship dumping practices; and the affect of a
prohibition against awarding contracts to such companies,
pursuant to Public Law 102-484, section 1031(c) (106 Stat.
2489); jointly, to the Committees on Armed Services and
Merchant Marine and Fisheries.
Para. 55.6 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed with an amendment in which the concurrence of
House is requested, a bill of the House of the following title:
H.R. 4277. An Act to establish the Social Security
Administration as an independent agency and to make other
improvements in the old-age, survivors, and disability
insurance program.
The message also announced that the Senate insisted upon its amendment
to the bill (H.R. 4277) ``An Act to establish the Social Security
Administration as an independent agency and to make other improvements
in the old-age, survivors, and disability insurance program,'' requested
a conference with the House on the disagreeing votes of the two Houses
thereon, and appointed Mr. Moynihan, Mr. Baucus, Mr. Breaux, Mr.
Packwood, and Mr. Dole, to the conferees on the part of the Senate.
Para. 55.7 waiving points of order against h.r. 4453
Mr. HALL of Ohio, by direction of the Committee on Rules, called up
the following resolution (H. Res. 433):
Resolved, That during consideration of the bill (H.R. 4453)
making appropriations for military construction for the
Department of Defense for the fiscal year ending September
30, 1995, and for other purposes, all points of order against
provisions in the bill for failure to comply with clause 2 or
6 of rule XXI are waived.
When said resolution was considered.
After debate,
On motion of Mr. HALL of Ohio, the previous question was ordered on
the resolution to its adoption or rejection and under the operation
thereof, the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 55.8 military construction appropriations
Mr. HEFNER moved that the House resolve itself into the Committee of
the Whole House on the state of the Union for the consideration of the
bill (H.R. 4453) making appropriations for military construction for the
Department of Defense for the fiscal year ending September 30, 1995, and
for other purposes.
Pending said motion,
On motion of Mr. HEFNER, by unanimous consent,
Ordered, That time for general debate continue not to exceed one hour
to be equally divided and controlled by Mr. HEFNER and Mrs. VUCANOVICH.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mrs. LLOYD, announced that the yeas had it.
So the motion was agreed to.
Accordingly,
The House resolved itself into the Committee of the Whole House on the
state of the Union for the consideration of said bill.
The SPEAKER pro tempore, Mrs. LLOYD, by unanimous consent, designated
Mr. CARDIN as Chairman of the Committee of the Whole; and after some
time spent therein,
The SPEAKER pro tempore, Mr. BILBRAY, assumed the Chair.
When Mr. CARDIN, Chairman, reported that the Committee, having had
under consideration said bill, had directed him to report the same back
to the House with the recommendation that the bill do pass.
By unanimous consent, the previous question was ordered on the bill.
The bill was ordered to be engrossed and read a third time, was read a
third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. BILBRAY, announced that the yeas had it.
Mr. HEFNER objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
380
When there appeared
<3-line {>
Nays
42
Para. 55.9 [Roll No. 193]
YEAS--380
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Callahan
Calvert
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Dornan
Durbin
Edwards (CA)
Edwards (TX)
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Holden
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Mineta
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Rahall
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Spence
Spratt
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--42
Allard
Archer
Barca
Bunning
Burton
Buyer
Camp
Coble
Cox
[[Page 905]]
DeFazio
Doolittle
Dreier
Duncan
Dunn
Ehlers
Fawell
Fields (TX)
Goss
Hancock
Hoke
Johnston
Klug
Linder
Manzullo
Miller (FL)
Minge
Nussle
Paxon
Penny
Peterson (MN)
Quinn
Ramstad
Rohrabacher
Roth
Royce
Sensenbrenner
Solomon
Stark
Thurman
Upton
Walker
Wyden
NOT VOTING--11
Barlow
Barrett (WI)
DeLay
Grandy
Horn
Houghton
Lehman
Matsui
Ortiz
Swett
Washington
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 55.10 50th anniversary of world war II
On motion of Mr. WYNN, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the joint resolution (H.J. Res. 315) designating May 30, 1994, through
June 6, 1994, as a ``Time for the National Observance of the Fiftieth
Anniversary of World War II''.
When said joint resolution was considered, read twice, ordered to be
engrossed and read a third time, was read a third time by title, and
passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
Para. 55.11 national men's health week
On motion of Mr. WYNN, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the joint resolution of the Senate (S.J. Res. 179) to designate the week
of June 12 through 19, 1994, as ``National Men's Health Week''.
When said joint resolution was considered, read twice, ordered to be
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 55.12 unfinished business--approval of the journal
The SPEAKER pro tempore, Mr. BILBRAY, pursuant to clause 5, rule I,
announced the unfinished business to be the question on agreeing to the
Chair's approval of the Journal of Monday, May 23, 1994.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. BILBRAY, announced that the yeas had it.
So the Journal was approved.
Para. 55.13 order of business--consideration of amendment--h.r.4301
On motion of Mr. DELLUMS, by unanimous consent,
Ordered, That during further consideration of the bill (H.R. 4301) to
authorize appropriations for fiscal year 1995 for military activities of
the Department of Defense, to prescribe military personnel strengths for
fiscal year 1995, and for other purposes, in the Committee of the Whole
House on the state of the Union the amendment numbered 2 in part 4 of
House Report 103-520 accompanying House Resolution 431 be considered as
a substitute amendment for the amendment numbered 1 in part 4 of said
report.
Para. 55.14 dod authorization
The SPEAKER pro tempore, Mr. BILBRAY, pursuant to House Resolution 431
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 4301) to authorize appropriations for fiscal year 1995
for military activities of the Department of Defense, to prescribe
military personnel strengths for fiscal year 1995, and for other
purposes.
Mr. DURBIN, Chairman, resumed the chair; and after some time spent
therein,
Para. 55.15 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. HANSEN:
At the end of subtitle B of title XXVIII, insert the
following new section:
SEC. . POSTPONEMENT OF 1995 ROUND OF BASE CLOSURES AND
REALIGNMENTS UNTIL 1997.
The Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
is amended--
(1) in subsections (c)(1)(B)(iii), (c)(1)(C), (e)(1), and
(l) of section 2902, section 2903(c)(1), and section 2909(a),
by striking out ``1995'' each place it appears and inserting
in lieu thereof ``1997''; and
(2) in section 2902(c)(1)(B)(iii), by striking out ``104th
Congress'' and inserting in lieu thereof ``105th Congress''.
It was decided in the
Yeas
68
<3-line {>
negative
Nays
362
Para. 55.16 [Roll No. 194]
AYES--68
Andrews (NJ)
Applegate
Bartlett
Blackwell
Boehlert
Burton
Calvert
Canady
Chapman
Clinger
Coble
Combest
Cunningham
DeLay
Farr
Filner
Foglietta
Fowler
Gallegly
Gallo
Gejdenson
Gonzalez
Hansen
Hayes
Hefley
Huffington
Hughes
Hunter
Jacobs
Kim
Lancaster
Lewis (CA)
Livingston
McCollum
McDade
McKeon
Meyers
Mica
Mink
Molinari
Montgomery
Murtha
Myers
Orton
Pallone
Parker
Ravenel
Roberts
Sarpalius
Saxton
Schenk
Shepherd
Shuster
Skeen
Smith (NJ)
Snowe
Spence
Stearns
Stump
Swett
Taylor (MS)
Tejeda
Torkildsen
Traficant
Tucker
Williams
Young (AK)
Zeliff
NOES--362
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (TX)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barrett (NE)
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Buyer
Byrne
Callahan
Camp
Cantwell
Cardin
Carr
Castle
Clay
Clayton
Clement
Clyburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Faleomavaega (AS)
Fawell
Fazio
Fields (LA)
Fields (TX)
Fingerhut
Fish
Flake
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Harman
Hastert
Hastings
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Houghton
Hoyer
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Mazzoli
McCandless
McCloskey
McCrery
McCurdy
McDermott
McHale
McHugh
McInnis
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Mfume
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Moakley
Mollohan
Moorhead
Moran
Morella
Murphy
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Owens
Oxley
Packard
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Reed
Regula
Reynolds
Richardson
Ridge
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roth
[[Page 906]]
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sawyer
Schaefer
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (OR)
Smith (TX)
Solomon
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Sundquist
Swift
Synar
Talent
Tanner
Tauzin
Taylor (NC)
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (FL)
Zimmer
NOT VOTING--8
Barlow
Barrett (WI)
Grandy
Horn
Matsui
Ortiz
Washington
Whitten
So the amendment was not agreed to.
The SPEAKER pro tempore, Mr. MOLLOHAN, assumed the Chair.
When Mr. MAZZOLI, Acting Chairman, reported that the Committee, having
had under consideration said bill, had come to no resolution thereon.
Para. 55.17 order of business--consideration of amendment--h.r.4301
On motion of Mr. DELLUMS, by unanimous consent,
Ordered, That when the Committee of the Whole House on the state of
the Union resumes further consideration of the bill (H.R. 4301) to
authorize appropriations for fiscal year 1995 for military activities of
the Department of Defense, to prescribe military personnel strengths for
fiscal year 1995, and for other purposes, it proceed according to the
provisions of section 3(e) of House Resolution 431.
Para. 55.18 dod authorization
The SPEAKER pro tempore, Mr. MOLLOHAN, pursuant to House Resolution
431 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the further consideration
of the bill (H.R. 4301) to authorize appropriations for fiscal year 1995
for military activities of the Department of Defense, to prescribe
military personnel strengths for fiscal year 1995, and for other
purposes.
Mr. MAZZOLI, Acting Chairman, ressumed the chair; and after some time
spent therein,
Para. 55.19 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Ms. HARMAN:
Page 19, strike out line 18 and all that follows through
line 3 on page 20 and insert in lieu thereof the following:
(a) Authorization.--Of the amount provided in section 103
for procurement of aircraft for the Air Force--
(1) $103,000,000 shall be available for Non-Developmental
Alternative Aircraft procurement; and
(2) $2,303,402,000 shall be available for the C-17 aircraft
program, of which--
(A) $2,249,819,000 is for procurement of six C-17 aircraft;
(B) $47,475,000 is for advance procurement of up to eight
C-17 aircraft for fiscal year 1996; and
(C) $6,108,000 is for C-17 modifications.
It was decided in the
Yeas
330
<3-line {>
affirmative
Nays
100
Para. 55.20 [Roll No. 195]
AYES--330
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
de la Garza
de Lugo (VI)
DeLauro
DeLay
Derrick
Diaz-Balart
Dickey
Dicks
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
Engel
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fish
Flake
Ford (MI)
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Frost
Gallegly
Gallo
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoke
Holden
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E.B.
Johnson, Sam
Kanjorski
Kaptur
Kennelly
Kim
King
Kleczka
Klink
Knollenberg
Kolbe
Kopetski
Kyl
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Manton
Manzullo
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McNulty
Meek
Menendez
Meyers
Mica
Michel
Mineta
Minge
Molinari
Mollohan
Montgomery
Moorhead
Moran
Murphy
Murtha
Myers
Neal (NC)
Oberstar
Obey
Orton
Owens
Oxley
Packard
Parker
Pastor
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Reynolds
Richardson
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rostenkowski
Rowland
Roybal-Allard
Royce
Sabo
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stump
Stupak
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Upton
Valentine
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Wynn
Young (AK)
Young (FL)
Zeliff
NOES--100
Abercrombie
Applegate
Barca
Barcia
Becerra
Brown (OH)
Cantwell
Conyers
Coyne
Darden
Deal
DeFazio
Dellums
Deutsch
Dingell
Edwards (CA)
English
Eshoo
Evans
Fingerhut
Foglietta
Frank (MA)
Furse
Gekas
Gillmor
Goodling
Gutierrez
Hamburg
Hoekstra
Inslee
Johnson (GA)
Johnston
Kasich
Kennedy
Kildee
Kingston
Klein
Klug
Kreidler
LaFalce
Lewis (GA)
Linder
Maloney
Mann
Margolies-Mezvinsky
Markey
McDermott
McKinney
McMillan
Meehan
Mfume
Miller (CA)
Miller (FL)
Mink
Moakley
Morella
Nadler
Neal (MA)
Norton (DC)
Nussle
Olver
Pallone
Payne (NJ)
Pelosi
Penny
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Regula
Ridge
Rose
Roth
Roukema
Rush
Sanders
Schaefer
Schroeder
Sensenbrenner
Shepherd
Slaughter
Smith (IA)
Stark
Stokes
Strickland
Studds
Swift
Synar
Taylor (MS)
Unsoeld
Velazquez
Vento
Walker
Watt
Waxman
Woolsey
Wyden
Yates
Zimmer
NOT VOTING--8
Barlow
Barrett (WI)
Faleomavaega (AS)
Grandy
Horn
Ortiz
Romero-Barcelo (PR)
Washington
So the amendment was agreed to.
After some further time,
The SPEAKER pro tempore, Mr. McDERMOTT, assumed the Chair.
When Mr. LaROCCO, Acting Chairman, reported that the Committee, having
had under consideration said bill, had come to no resolution thereon.
Para. 55.21 order of business--consideration of amendment--h.r.4301
On motion of Mr. DELLUMS, by unanimous consent,
Ordered, That when the Committee of the Whole House on the state of
the Union resumes further consideration of the bill (H.R. 4301) to
authorize appropriations for fiscal year 1995 for military activities of
the Department of Defense, to prescribe military personnel strengths for
fiscal year 1995, and for other purposes, it proceed according to the
provisions of section 3(c) and 3(d) of House Resolution 431.
[[Page 907]]
Para. 55.22 order of business--consideration of amendments--h.r. 4301
On motion of Mr. DELLUMS, by unanimous consent,
Ordered, That during further consideration of the bill (H.R. 4301) to
authorize appropriations for fiscal year 1995 for military activities of
the Department of Defense, to prescribe military personnel strengths for
fiscal year 1995, and for other purposes, in the Committee of the Whole
House on the state of the Union the debate time for each of the
amendments printed in part 3 of House Report 103-520 is increased to 60
minutes to be equally divided and controlled by the proponent and a
Member opposed.
Para. 55.23 dod authorization
The SPEAKER pro tempore, Mr. McDERMOTT, pursuant to House Resolution
431 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the further consideration
of the bill (H.R. 4301) to authorize appropriations for fiscal year 1995
for military activities of the Department of Defense, to prescribe
military personnel strengths for fiscal year 1995, and for other
purposes.
Mr. LaROCCO, Acting Chairman, ressumed the chair; and after some time
spent therein,
Para. 55.24 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following substitute amendment submitted by Mr. DELLUMS
for the amendment submitted by Mr. GOSS:
Substitute amendment submitted by Mr. DELLUMS:
At the end of title X add the following:
SEC. 1038. UNITED STATES POLICY ON HAITI.
(a) Findings.--The Congress finds that--
(1) the 1990 presidential election in Haiti was deemed by
numerous international observers to be both free and
democratic;
(2) a military coup toppled the duly elected government of
President Jean Bertrand Aristide in 1991;
(3) the process to restore democratic rule in Haiti agreed
to at Governor's Island has stalled; and
(4) a deepening economic crisis in Haiti and political
oppression and systematic human rights abuses by Haiti's
military leaders have created a reprehensible humanitarian
crisis and driven Haitians to risk the perils of the sea to
seek refuge in increasing numbers.
(b) Sense of Congress.--It is the sense of Congress--
(1) that the United States should not undertake any
military action directed against the mainland of Haiti unless
there is a clear and present danger to citizens of the United
States or United States interests requires such action;
(2) that the President should swiftly intensify economic
pressure on Haiti's military should United Nations Security
Council Resolution 917 fail to result in Haiti's military
leaders to step down by May 21, 1994. The first step in any
such increased pressure should be the severing of commercial
air links with Haiti. The President should seek international
compliance with any such heightened pressure, if possible,
but should act unilaterally, if necessary, and should seek
improved sanctions enforcement by the international community
to compel Haiti's military rulers to relinquish power;
(3) that the United States should make every effort to
replace shipboard processing of Haitian migrants with land-
based processing at the earliest opportunity; and in view of
past difficulties in the processing of Haitian applicants for
refugee status under the laws of the United States, Creole
translators and counsel should be integral parts of any
revamped refugee policy;
(4) that the United States should seek the cooperation of
third countries for the establishment of refugee processing
centers;
(5) that the United States should augment humanitarian
assistance for Haiti's poor and seek the expeditious return
to Haiti of human rights monitors acting under the auspices
of the United Nations and the Organization of American
States; and
(6) that the United States should continue to engage in
intensive, immediate consultation within the international
community to encourage support for the restoration of
democracy and national reconciliation in Haiti, including
encouraging all parties to honor their obligations under the
Governor's Island Accord of July 3, 1993 and the New York
Pact of July 16, 1993 with the principal aim of restoration
of democracy and the return to Haiti of President Aristide.
Amendment submitted by Mr. GOSS:
At the end of title X (page 277, after line 2), add the
following:
SEC. 1038. UNITED STATES POLICY ON HAITI.
(A) Findings.--The Congress finds that--
(1) the 1990 presidential election in Haiti was deemed to
be both free and democratic;
(2) a military coup toppled the duly elected government in
1991;
(3) the process to restore democratic rule in Haiti agreed
to at Governor's Island has stalled;
(4) the economic crisis in Haiti is worsening; and
(5) the people of Haiti are preparing in mass numbers to
leave their country to seek economic and political refuge
overseas.
(b) Sense of Congress.--It is the sense of Congress--
(1) that the United States should not undertake any
military action directed against the mainland of Haiti unless
the President first certifies to Congress that clear and
present danager to citizens of the United States or United
States interests requires such action; and
(2) that the United States should work with the
Organization of American States and the United Nations--
(A) to establish a temporary safe haven on the Haitian
island of Ile de la Gonave for Haitian refugees escaping
economic and political hardship on the mainland of Haiti;
(B) to assist in providing humanitarian assistance and visa
processing for such refugees in such safe haven; and
(C) to assist the legitimate Haitian government in
establishing the long-term stability of democracy in Haiti.
It was decided in the
Yeas
191
<3-line {>
negative
Nays
236
Para. 55.25 [Roll No. 196]
AYES--191
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Barca
Barcia
Becerra
Beilenson
Berman
Bishop
Blackwell
Bonior
Borski
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Camp
Cantwell
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Costello
Coyne
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gilchrest
Glickman
Gonzalez
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hinchey
Hochbrueckner
Hughes
Inslee
Jacobs
Jefferson
Johnson (SD)
Johnson, E.B.
Johnston
Kennedy
Kennelly
Kildee
Kleczka
Klein
Kolbe
Kopetski
Kreidler
LaFalce
Lancaster
Lantos
LaRocco
Laughlin
Levin
Lewis (GA)
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Matsui
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Montgomery
Moran
Murphy
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Olver
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Pickle
Pomeroy
Poshard
Rahall
Rangel
Reynolds
Richardson
Roemer
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Spratt
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tejeda
Thompson
Thornton
Torres
Towns
Tucker
Underwood (GU)
Unsoeld
Upton
Velazquez
Vento
Visclosky
Waters
Watt
Waxman
Wheat
Williams
Wise
Woolsey
Wyden
Yates
NOES--236
Allard
Andrews (NJ)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Boucher
Brewster
Browder
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Canady
Cardin
Carr
Castle
Chapman
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeLay
Dickey
Dicks
Dingell
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Geren
Gibbons
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Gordon
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hoagland
Hobson
Hoekstra
Hoke
Holden
Houghton
Hoyer
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson (GA)
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kim
King
Kingston
Klink
Klug
Knollenberg
Kyl
Lambert
Lazio
Leach
[[Page 908]]
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Lucas
Machtley
Manzullo
Martinez
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Mollohan
Moorhead
Morella
Murtha
Myers
Nussle
Obey
Orton
Oxley
Packard
Parker
Paxon
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Price (NC)
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Reed
Regula
Ridge
Roberts
Rogers
Rohrabacher
Roth
Roukema
Rowland
Royce
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Thurman
Torkildsen
Torricelli
Traficant
Valentine
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wilson
Wolf
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--11
Barlow
Barrett (WI)
Faleomavaega (AS)
Fish
Grandy
Horn
Ortiz
Santorum
Stark
Washington
Whitten
So the substitute amendment was not agreed to.
Para. 55.26 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the foregoing amendment submitted by Mr. GOSS.
It was decided in the
Yeas
223
<3-line {>
affirmative
Nays
201
Para. 55.27 [Roll No. 197]
AYES--223
Ackerman
Allard
Andrews (NJ)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Beilenson
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Boucher
Brewster
Browder
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cooper
Coppersmith
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
Deal
Dickey
Dingell
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Frost
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hayes
Hefley
Hefner
Herger
Hobson
Hoekstra
Hoke
Holden
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Kaptur
Kasich
Kim
King
Kingston
Klein
Klug
Knollenberg
Kolbe
Kyl
Lancaster
Lantos
Laughlin
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Lucas
Machtley
Manton
Manzullo
Martinez
McCandless
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meyers
Michel
Miller (FL)
Molinari
Moorhead
Morella
Murphy
Myers
Nussle
Orton
Oxley
Packard
Parker
Paxon
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Roth
Roukema
Rowland
Royce
Sangmeister
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (NC)
Thomas (CA)
Thomas (WY)
Thurman
Torkildsen
Torricelli
Upton
Valentine
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--201
Abercrombie
Andrews (ME)
Andrews (TX)
Applegate
Barca
Becerra
Berman
Bishop
Blackwell
Bonior
Borski
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
de la Garza
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Furse
Gejdenson
Gephardt
Geren
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hilliard
Hinchey
Hoagland
Hochbrueckner
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson, E. B.
Johnston
Kanjorski
Kennedy
Kennelly
Kildee
Kleczka
Klink
Kopetski
Kreidler
LaFalce
Lambert
LaRocco
Lehman
Levin
Lewis (GA)
Long
Lowey
Maloney
Mann
Margolies-Mezvinsky
Markey
Matsui
Mazzoli
McCloskey
McDermott
McKinney
Meehan
Meek
Menendez
Mfume
Mica
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal (MA)
Norton (DC)
Oberstar
Obey
Olver
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Spratt
Stenholm
Stokes
Strickland
Studds
Stupak
Swift
Synar
Taylor (MS)
Tejeda
Thompson
Thornton
Torres
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--14
Barlow
Barrett (WI)
DeLay
Faleomavaega (AS)
Fish
Gibbons
Grandy
Horn
Neal (NC)
Ortiz
Santorum
Stark
Washington
Whitten
So the amendment was agreed to.
After some further time,
Para. 55.28 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. SPENCE:
At the end of title X (page 277, after line 2), insert the
following new section:
SEC. . CREDIT AGAINST ASSESSMENTS FOR UNITED STATES
EXPENDITURES IN SUPPORT OF UNITED NATIONS
PEACEKEEPING OPERATIONS.
(a) Annual Report.--The President shall, at the time of
submission of the budget to Congress for any fiscal year,
submit to the appropriate committees of Congress a report on
the total amount of funds appropriated for national defense
purposes for any fiscal year after fiscal year 1994 that were
expended during the preceding fiscal year to support or
participate in, directly or indirectly, United Nations
peacekeeping activities. Such report shall include a
breakdown by United Nations peacekeeping operation of the
amount of funds expended to support or participate in each
such operation.
(b) Limitation.--Notwithstanding any other provision of
law, in each fiscal year beginning with fiscal year 1996,
funds may be obligated or expended for payment to the United
Nations of the United States assessed share of peacekeeping
operations for that fiscal year only to the extent that such
assessed share exceeds the total amount identified in the
report submitted pursuant to subsection (a) for the preceding
fiscal year, reduced by the amount of any reimbursement or
credit to the United States by the United Nations for the
costs of United States support for, or participation in,
United Nations peacekeeping activities for that fiscal year.
(c) Definitions.--As used in this section:
(1) The term ``United Nations peacekeeping activities''
means any international peacekeeping, peacemaking, peace-
enforcing, or similar activity that is authorized by the
United Nations Security Council under chapter VI or VII of
the United Nations Charter.
(2) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives; and
(B) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.
It was decided in the
Yeas
191
<3-line {>
negative
Nays
221
Para. 55.29 [Roll No. 198]
AYES--191
Allard
Andrews (NJ)
Applegate
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chapman
Clinger
[[Page 909]]
Coble
Collins (GA)
Combest
Condit
Cooper
Cox
Crane
Crapo
Cunningham
Deal
DeFazio
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Green
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lambert
Lazio
Levy
Lewis (CA)
Lightfoot
Linder
Lipinski
Livingston
Lucas
Machtley
Maloney
Manzullo
Mazzoli
McCandless
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Myers
Nussle
Orton
Oxley
Packard
Paxon
Petri
Pombo
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Sangmeister
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Torricelli
Traficant
Upton
Volkmer
Vucanovich
Walker
Walsh
Weldon
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--221
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Bacchus (FL)
Baesler
Barca
Becerra
Beilenson
Berman
Bevill
Bishop
Blackwell
Bonior
Borski
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gilchrest
Glickman
Gonzalez
Gordon
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lancaster
Lantos
LaRocco
Laughlin
Leach
Lehman
Levin
Lewis (GA)
Long
Lowey
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
McCloskey
McCurdy
McDermott
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Porter
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Romero-Barcelo (PR)
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Towns
Tucker
Unsoeld
Velazquez
Vento
Visclosky
Waters
Watt
Waxman
Wheat
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--26
Barlow
Barrett (WI)
Boucher
Brown (CA)
Conyers
de Lugo (VI)
Faleomavaega (AS)
Fish
Ford (MI)
Ford (TN)
Gibbons
Grandy
Horn
Lewis (FL)
Lloyd
Michel
Ortiz
Pickle
Santorum
Sharp
Stark
Underwood (GU)
Valentine
Washington
Whitten
Wolf
So the amendment was not agreed to.
After some further time,
The SPEAKER resumed the Chair.
When Mr. DURBIN, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
Para. 55.30 public works projects
The SPEAKER laid before the House a communication, which was read as
follows:
Committee on Public Works
and Transportation,
Washington, DC, May 17, 1994.
Hon. Thomas S. Foley,
The Speaker, U.S. House of Representatives, U.S. Capitol,
Washington, DC.
Dear Mr. Speaker: Pursuant to the provisions of the Public
Buildings Act of 1959, I am transmitting herewith the
resolutions (originals plus one copy) approved today by the
Committee on Public Works and Transportation.
Sincerely,
Norman Y. Mineta,
Chair, Committee on Public Works
and Transportation.
The communication, together with the accompanying papers, was referred
to the Committee on Appropriations.
Para. 55.31 notice requirement--consideration of resolution--h.res.436
Mr. KLUG, pursuant to rule IX, announced his intention to call up the
following resolution (H. Res. 436) as a question of the privileges of
the House:
Whereas allegations reported in public and made in official
Department of Justice court documents that personnel of the
House Post Office provided illegal cash to certain Members in
three ways: (1) cash instead of stamps for official vouchers,
(2) cash for postage stamps which had earlier been purchased
with official vouchers, and (3) cash for campaign checks;
Whereas the Department of Justice has secured admissions of
criminal guilt regarding past activities in the House Post
Office;
Whereas multiple concerns and allegations of possible
wrongdoing by House employees, a House officer, and Members
had been raised within the report of the House Administration
Committee Task Force to Investigate the Operation and
Management of the House Post Office;
Whereas all these allegations directly affect the rights of
the House collectively, its safety, dignity, and the
integrity of its proceedings, and the rights, reputation, and
conduct of its Members;
Whereas Article I, Section 5, of the Constitution gives
each House of Congress responsibility over disorderly
behavior of its Members; and
Whereas the Committee on Standards of Official Conduct has
jurisdiction over the conduct and behavior of current House
Members, officers, and employees, including investigatory
authority, and is the appropriate body of this House to
conduct any inquiry: Now, therefore, be it
Resolved, That the Committee on Standards of Official
Conduct is instructed to immediately investigate any alleged
violation, by any Member, officer, or employee of the House,
of the Code of Official Conduct or of any law, rule,
regulation, or other standard of conduct that is related to
activities, described by or referred to in, documents that it
received on July 22, 1992, from the Committee on House
Administration pertaining to the House Administration
Committee Task Force to Investigate the Operation and
Management of the House Post Office investigation. Not later
than 60 days after this resolution is agreed to and
periodically thereafter, the Committee on Standards and
Official Conduct shall report to the House the status of this
investigation. Not later than September 30, 1994, the
Committee on Standards of Official Conduct shall report to
the House its findings of fact and recommendations on
possible disciplinary actions.
Para. 55.32 waiving points of order against conference report on s.24
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-527) the resolution (H. Res. 439) waiving points of order
against the conference report to accompany the bill (S. 24) to
reauthorize the independent counsel law for an additional 5 years, and
for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 55.33 providing for the consideration of h.r. 4385
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-528) the resolution (H. Res. 440) providing for consideration of
the bill (H.R. 4385) to amend title 23, United States Code, to designate
the National Highway System, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 55.34 providing for the consideration of a certain resolution
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-529) the resolution (H. Res. 441)
[[Page 910]]
waiving a requirement of clause 4(b) of rule XI with respect to
consideration of a certain resolution reported from the Committee on
Rules..
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 55.35 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. BARRETT of Wisconsin, for today;
To Mr. FALEOMAVAEGA, for today after 4 p.m. and May 25; and
To Mr. WOLF, for today after 8 p.m.
And then,
Para. 55.36 adjournment
On motion of Mr. HOEKSTRA, at 10 o'clock and 8 minutes p.m., the House
adjourned.
Para. 55.37 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. MINETA: Committee on Public Works and Transportation.
S. 1458. An Act to amend the Federal Aviation Act of 1958 to
establish time limitations on certain civil actions against
aircraft manufacturers, and for other purposes (Rept. No.
103-525, Pt. 1). Ordered to be printed.
Mr. STUDDS: Committee on Merchant Marine and Fisheries.
H.R. 4246. A bill to authorize expenditures for fiscal year
1995 for the operation and maintenance of the Panama Canal,
and for other purposes; with an amendment (Rept. No. 103-
526). Referred to the Committee of the Whole House on the
State of the Union.
Mr. DERRICK: Committee on Rules. House Resolution 439.
Resolution waiving points of order against the conference
report to accompany the bill (S. 24) to reauthorize the
independent counsel law for an additional 5 years, and for
other purposes (Rept. No. 103-527). Referred to the House
Calendar.
Mr. MOAKLEY: Committee on Rules. House Resolution 440.
Resolution providing for consideration of the bill (H.R.
4385) to amend title 23, United States Code, to designate the
National Highway System, and for other purposes (Rept. No.
103-528). Referred to the House Calendar.
Mr. HALL of Ohio: Committee on Rules. House Resolution 441.
Resolution waiving a requirement of clause 4(b) of rule XI
with respect to consideration of a certain resolution
reported from the Committee on Rules (Rept. No. 103-529).
Referred to the House Calendar.
Para. 55.38 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. HEFLEY (for himself, Mr. Vento, and Mr. Hansen):
H.R. 4476. A bill to provide for the development of a plan
and a management review of the National Park System and to
reform the process by which areas are considered for addition
to the National Park System, and for other purposes; to the
Committee on Natural Resources.
By Mr. STUDDS (for himself, Mr. Tauzin, Mr. Fields of
Texas, Mr. Coble, Mr. Bateman, and Mrs. Fowler):
H.R. 4477. A bill to amend the act commonly referred to as
the ``Dingell-Johnson Sport Fish Restoration Act'' to provide
funding for recreational boating safety programs, and for
other purposes; to the Committee on Merchant Marine and
Fisheries.
By Mr. COPPERSMITH (for himself (by request), Mr.
Coleman, Mr. Ortiz, Mr. Pastor, and Mr. Bryant):
H.R. 4478. A bill to amend the Federal Water Pollution
Control Act (the Clean Water Act) to authorize appropriations
in each of fiscal years 1994 through 1998 for the
construction of wastewater treatment facilities to serve U.S.
colonias, to provide water pollution control in the vicinity
of the international boundary between the United States and
Mexico; to the Committee on Public Works and Transportation.
H.R. 4479. A bill to amend the Federal Water Pollution
Control Act (Clean Water Act) to authorize appropriations in
each of fiscal years 1994-2001 for the construction of
wastewater treatment works to provide water pollution control
in or near the United States-Mexico border area; to the
Committee on Public Works and Transportation.
By Mr. FRANKS of Connecticut (for himself, Mrs.
Kennelly, Mr. Shays, Mr. Gejdenson, Mrs. Johnson of
Connecticut, and Ms. DeLauro):
H.R. 4480. A bill to expand the boundary of the Weir Farm
National Historic Site in the State of Connecticut; to the
Committee on Natural Resources.
By Mr. HAMBURG (for himself, Mr. Studds, Mr. Edwards of
California, Mr. Manton, Mr. Sanders, Ms. Furse, Mr.
Hughes, Mr. Hochbrueckner, Mr. Richardson, Ms.
Woolsey, Ms. Pelosi, Mrs. Unsoeld, Ms. Eshoo, and Mr.
Vento):
H.R. 4481. A bill to restore the Nation's aquatic
ecosystems through the voluntary cooperation of Federal,
State, tribal, and corporate and other private interests;
jointly, to the Committees on Merchant Marine and Fisheries
and Public Works and Transportation.
By Mr. HEFLEY (for himself, Mr. Walker, and Mr.
Rohrabacher):
H.R. 4482. A bill to establish a non-Federal, for-profit
Launch Services Corporation for providing space launch
services to the Federal Government and other domestic and
foreign customers, and for other purposes; to the Committee
on Science, Space, and Technology.
By Mr. JACOBS:
H.R. 4483. A bill to amend the Internal Revenue Code of
1986 to permit registered vendors to administer claims for
refund of diesel fuel taxes paid on fuel used in certain
buses; to the Committee on Ways and Means.
By Mr. ORTON:
H.R. 4484. A bill to improve the single family housing
mortgage insurance program of the Department of Housing and
Urban Development; to the Committee on Banking, Finance and
Urban Affairs.
By Mr. TAYLOR of North Carolina:
H.R. 4485. A bill to change election day for Federal
offices to the first Monday in November and to make election
day a legal public holiday; jointly, to the Committees on
House Administration and Post Office and Civil Service.
By Mr. GILMAN:
H.J. Res. 369. Joint resolution designating September 16,
1994, as ``National POW/MIA Recognition Day'' and authorizing
display of the National League of Families POW/MIA flag;
jointly, to the Committees on Post Office and Civil Service
and Veterans' Affairs.
By Mr. KLUG (for himself, Mr. Boehner, and Mr.
Roberts):
H. Res. 435. Resolution directing the Committee on House
Administration to make public all transcripts of proceedings
and documents related to the investigation of the House
Administration Committee task force to investigate the
operation and management of the House post office; to the
Committee on Rules.
H. Res. 436. Resolution directing the Committee on
Standards of Official Conduct to investigate allegations
pertaining to the House post office; to the Committee on
Rules.
By Mr. DOOLITTLE (for himself, Mr. Gingrich, Mr. Armey,
Mr. McCollum, Mr. DeLay, Mr. Hunter, Mr. Hyde, Mr.
Walker, Mr. Leach, Mr. Roberts, Mr. Clinger, Mr.
Fish, Mrs. Meyers of Kansas, Mr. Allard, Mr. Bachus
of Alabama, Mr. Baker of California, Mr. Baker of
Louisiana, Mr. Ballenger, Mr. Barrett of Nebraska,
Mr. Bartlett of Maryland, Mrs. Bentley, Mr. Bereuter,
Mr. Bliley, Mr. Blute, Mr. Boehlert, Mr. Boehner, Mr.
Bunning, Mr. Burton of Indiana, Mr. Canady, Mr.
Castle, Mr. Combest, Mr. Collins of Georgia, Mr.
Cunningham, Mr. Crane, Mr. Dornan, Mr. Dreier, Ms.
Dunn, Mr. Everett, Mr. Ewing, Mr. Gekas, Mr. Gallo,
Mr. Gillmor, Mr. Goodlatte, Mr. Hancock, Mr. Hastert,
Mr. Hefley, Mr. Herger, Mr. Hobson, Mr. Hoekstra, Mr.
Hoke, Mr. Huffington, Mr. Inglis of South Carolina,
Mr. Istook, Mrs. Johnson of Connecticut, Mr. Sam
Johnson of Texas, Mr. Klug, Mr. Knollenberg, Mr. Kyl,
Mr. Lewis of Florida, Mr. Linder, Mr. Livingston, Mr.
Lucas, Mr. McKeon, Mr. Manzullo, Mr. Miller of
Florida, Mr. Nussle, Mr. Packard, Mr. Paxon, Mr.
Pombo, Ms. Pryce of Ohio, Mr. Ravenel, Mr.
Rohrabacher, Mr. Rogers, Mr. Royce, Mr. Santorum, Mr.
Saxton, Mr. Schiff, Mr. Shays, Mr. Shuster, Mr. Smith
of New Jersey, Mr. Smith of Texas, Mr. Smith of
Michigan, Mr. Solomon, Mr. Spence, Mr. Stearns, Mr.
Stump, Mr. Talent, Mr. Taylor of North Carolina, Mr.
Thomas of Wyoming, Mr. Torkildsen, Mr. Upton, Mrs.
Vucanovich, Mr. Weldon, Mr. Wolf and Mr. Zeliff):
H. Res. 437. Resolution directing the Committee on
Agriculture, the Committee on Banking, Finance and Urban
Affairs, the Committee on Government Operations, the
Committee on the Judiciary, and the Committee on Small
Business to commence hearings on issues within their
jurisdiction relating to the Whitewater Development Corp. and
related issues; to the Committee on Rules.
By Mr. PORTMAN:
H. Res. 438. Resolution amending the Rules of the House of
Representatives to require a two-thirds vote to adopt a rule
disallowing germane amendments to a bill or resolution; to
the Committee on Rules.
Para. 55.39 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 244: Mr. Kildee.
H.R. 291: Mr. Torricelli, Mr. McCollum, Mr. Payne of New
Jersey, Mr. Menendez, and Mr. Lazio.
H.R. 972: Mr. Gejdenson.
H.R. 1103: Mr. Payne of New Jersey.
H.R. 1203: Mr. Nussle.
H.R. 1289: Mr. Dornan and Mr. Royce.
H.R. 1671: Mr. Berman.
H.R. 1767: Mr. Thomas of Wyoming.
H.R. 2132: Mr. Martinez.
H.R. 2460: Mr. Poshard and Mr. Boucher.
H.R. 2663: Mr. Fish.
H.R. 2959: Ms. Molinari.
[[Page 911]]
H.R. 3013: Mr. Hefner, Mr. Richardson, Mr. Stenholm, Mr.
Payne of Virginia, and Mr. Parker.
H.R. 3031: Mr. Doolittle.
H.R. 3064; Mr. Ridge, Mr. Goodling, and Mr. Murphy.
H.R. 3119: Mr. Traficant.
H.R. 3173: Mr. Tauzin.
H.R. 3320: Mrs. Byrne and Mr. Dornan.
H.R. 3347: Mr. Romero-Barcelo and Mr. Becerra.
H.R. 3433: Mr. Lancaster, Mr. Sawyer, Mr. Barlow, Ms. Brown
of Florida, Mr. Gutierrez, Mr. Gonzalez, and Mr. Dicks.
H.R. 3486: Mr. Darden and Mr. Shaw.
H.R. 3766: Mr. Condit, Mrs. Meyers of Kansas, Mr. Glickman,
Mr. Slattery, Mr. Mica, Mr. Miller of Florida, Mr. Sam
Johnson, Mr. Paxon, Mr. Dreier, Mr. Duncan, Mr. Hyde, Mr.
Buyer, Mr. Gilman, Mr. Bachus of Alabama, Ms. Slaughter, Mr.
Schaefer, Mr. DeLay, Mr. Lightfoot, Ms. Ros-Lehtinen, Mr.
Dornan, Mr. Linder, Mr. Inglis of South Carolina, Mr. Petri,
Mr. Gallegly, Mr. Boehner, Mr. Nussle, Mr. Cox, Mr. Baker of
California, Mr. Talent, Mr. Walker, Mr. Gingrich, Mr.
McInnis, Mr. Goodling, Mrs. Fowler, Mr. Sensenbrenner, Mr.
Klug, Mr. Hobson, Mr. Clinger, Mr. Hastert, Mr. Burton of
Indiana, Mr. Pombo, Mr. Weldon, Mr. Bereuter, Mr. Herger, Mr.
Emerson, Mr. Solomon, Mr. Hayes, Mr. Brewster, Mr. Browder,
Mr. Spratt, Mr. Sarpalius, Mr. Hoagland, Mr. Dooley, Ms.
Danner, Mr. Calvert, Mr. Canady, Mr. Kyl, Mr. Smith of
Oregon, Mr. Stump, Mr. Smith of Michigan, Mr. Goodlatte, Mr.
Goss, Mr. Smith of Texas, Mr. Allard, Mr. Roth, Mrs. Roukema,
Mr. Grams, Mr. Ridge, Mr. Ewing, Mr. Hoke, Mr. Hancock, Mr.
Michel, Mr. Porter, Mr. Quillen, Mr. Rohrabacher, Mr.
Doolittle, Mr. McHugh, Mr. Rose, Mr. Kasich, Mr. Horn, Mr.
Collins of Georgia, Mr. Everett, Mr. Rowland, Mr. Bateman,
Mr. Callahan, Mr. Young of Florida, Mr. Barrett of Nebraska,
Mr. Inhofe, Mr. Parker, Mr. Montgomery, Mr. Pete Geren of
Texas, Mr. McMillan, Mr. Upton, Mr. Bliley, Mr. Stenholm, Mr.
Crapo, Mr. Portman, Mr. Zimmer, Mr. Schiff, Mr. Livingston,
Mr. Thomas of Wyoming, Mr. Wolf, Mr. Cooper, Mr. Archer, Mr.
Bunning, Mr. Crane, Mr. Cunningham, Ms. Dunn, Mr. Gallo, Mr.
Hefley, Mr. Leach, Mr. Lewis of California, Mr. McCandless,
Mr. Packard, Mr. Quinn, Mr. Regula, Mr. Rogers, Mr. Saxton,
Mr. Skeen, Mr. Smith of New Jersey, Mr. Fields of Texas, Mr.
Tanner, Mr. Baker of Louisiana, Mr. Taylor of Mississippi,
Mr. Kingston, Mr. Hunter, Mr. Hutto, Mrs. Thurman, Mr.
Mollohan, Mr. Clement, Ms. Long, Mr. Penny, Mr. Abercrombie,
Mr. Payne of Virginia, Mr. Costello, Mr. Gilchrest, Mr.
Coble, Mr. Santorum, Mr. Knollenberg, Mr. McKeon, Mr.
Combest, Mr. Armey, Mr. Castle, Mr. Hoekstra, Mr. Ballenger,
Mr. Camp, Mr. Grandy, Mr. Shuster, Mr. Dickey, Mr.
Hutchinson, Mr. Traficant, Mr. Ravenel, Mr. Franks of New
Jersey, Mr. Houghton, Mr. Lewis of Florida, Ms. Molinari, Mr.
Hall of Texas, Mr. Sisisky, Mr. Gillmor, Mr. Skelton, Mr.
Stearns, Mrs. Vucanovich, Mr. Young of Alaska, Mr. Clay, Mr.
Barlow, Mr. Darden, Mr. de la Garza, Mr. Durbin, Ms. Kaptur,
and Ms. Snowe.
H.R. 3900: Mr. Meehan, Ms. Norton, and Mr. Olver.
H.R. 3943: Mr. Grams.
H.R. 3973: Mr. Bateman and Mr. Abercrombie.
H.R. 4040: Mr. Cardin, Ms. Harman, Mr. Gene Green of Texas,
Mr. Synar, Mr. Romero-Barcelo, Mr. Andrews of New Jersey, Mr.
Andrews of Texas, and Mr. Coyne.
H.R. 4109: Mr. Faleomavaega.
H.R. 4256: Ms. Eshoo, Mr. Berman, Ms. Woolsey, Mr. Becerra,
Mr. Fazio, Mr. Beilenson, Mr. Miller of California, Mr.
Waxman, and Ms. Pelosi.
H.R. 4271: Mr. Clyburn, Mr. Manton, and Mrs. Thurman.
H.R. 4281: Mr. Solomon, Mrs. Lloyd, and Mr. Shays.
H.R. 4288: Mr. Faleomavaega, and Ms. Velazquez.
H.R. 4306: Mr. Inslee.
H.R. 4386: Mr. Hall of Ohio.
H.R. 4402: Mr. Swett, Ms. Woolsey, Ms. Roybal-Allard, Mr.
Evans, Mr. LaFalce, and Mr. Porter.
H.R. 4412: Mr. Grandy.
H.R. 4417: Mr. Dellums
H.R. 4441: Mr. Lipinski and Mr. Johnson of South Dakota.
H.R. 4451: Ms. Danner and Mr. Frank of Massachusetts.
H.J. Res. 131: Mr. Lewis of Florida, and Mr. Burton of
Indiana.
H.J. Res. 199: Mr. Neal of Massachusetts, Mr. Kildee, Mr.
McKeon, Mr. Kleczka, Mr. Cunningham, Mr. Paxon, Mr. Dixon,
Mr. Clinger, Mr. Goodling, Mr. Smith of Texas, Mr. Levy, Mr.
Payne of New Jersey, Mr. Young of Florida, Mr. Stearns, Mr.
Klink, Mr. Hoyer, and Mr. Parker.
H.J. Res. 297: Mr. Yates, Mr. Skeen, Mr. Neal of North
Carolina, and Mr. Hamilton.
H.J. Res. 334: Mr. Doolittle, Mr. Gekas, Mr. Gonzalez, Mr.
Hyde, Mr. Jefferson, Mr. Kennedy, Mr. Mazzoli, Mrs. Myers of
Kansas, Mr. Miller of California, Ms. Molinari, Mr. Murtha,
Mr. Price of North Carolina, Mr. Rangel, Mr. Ravenel, Mr.
Richardson, Mrs. Roukema, Mr. Stokes, Mr. Swett, Mr.
Torricelli, Ms. Waters, Mr. Waxman, Mr. Wheat, and Mr. Yates.
H.J. Res. 351: Mr. Emerson, Mr. Faleomavaega, Mr. Gene
Green of Texas, Mr. Greenwood, Mr. Hilliard, Mr. Lipinski,
and Mr. Smith of Texas.
H.J. Res. 355: Mr. Emerson, Mr. Dellums, Mr. Watt, Mr.
Scott, Mr. Lancaster, Mr. Frost, Mr. Pallone, Mr. McNulty,
Mr. Lipinski, Mr. Hilliard, Mr. LaFalce, Ms. DeLauro, Mr.
Ackerman, Mr. Lantos, Mr. Farr, Mr. Fish, Mr. Hansen, Mr.
Richardson, Mrs. Clayton, Mr. Evans, Mr. Berman, Mrs. Lloyd,
Mr. de la Garza, Mr. Deutsch, Mr. Underwood, Mr. Payne of New
Jersey, Mr. Murtha, Mr. Bonior, Mr. Skeen, Mr. Yates, Mr.
Livingston, Mr. Reed, Mr. Ravenel, Mr. Montgomery, Mr. Wynn,
Mr. Fields of Louisiana, Mr. Murphy, Mr. Fingerhut, and Mr.
Regula.
H. Con. Res. 35: Mr. Barca of Wisconsin, Mr. Torricelli,
Mr. Hochbrueckner, Mr. Schumer, and Mr. Pastor.
H. Con. Res. 52: Mr. Durbin.
H. Con. Res. 84: Mr. Diaz-Balart.
H. Con. Res. 239: Mr. Levin, Mr. Bonilla, Mr. Moorhead, and
Mr. Fingerhut.
H. Con. Res. 245: Mr. Moorhead and Mrs. Thurman.
H. Res. 234: Mr. Williams.
.
WEDNESDAY, MAY 25, 1994 (56)
Para. 56.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
GEPHARDT, who laid before the House the following communication:
Washington, DC,
May 25, 1994.
I hereby designate the Honorable Richard A. Gephardt to act
as Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Para. 56.2 approval of the journal
The SPEAKER pro tempore, Mr. GEPHARDT, announced he had examined and
approved the Journal of the proceedings of Tuesday, May 24, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 56.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3255. A letter from the Comptroller of the Department of
Defense, transmitting a report of a violation of the Anti-
Deficiency Act which occurred in the Department of the Navy,
pursuant to 31 U.S.C. 1517(b); to the Committee on
Appropriations.
3256. A letter from the Comptroller of the Department of
Defense, transmitting a report of a violation of the Anti-
Deficiency Act which occurred in the Department of the Navy,
pursuant to 31 U.S.C. 1517(b); to the Committee on
Appropriations.
3257. A letter from the Clerk, U.S. House of
Representatives, transmitting the quarterly report of
receipts and expenditures of appropriations and other funds
for the period January 1, 1994, through March 31, 1994,
pursuant to 2 U.S.C. 104a (H. Doc. No. 103-261); to the
Committee on House Administration and ordered to be printed.
3258. A letter from the Secretary of the Interior,
transmitting a report on certain Small Reclamation Projects
Act [SRPA] program applications; to the Committee on Natural
Resources.
3259. A letter from the Administrator, Federal Highway
Administration, transmitting a status report on fundamental
properties of petroleum asphalts and modified asphalts used
in highway construction, pursuant to Public Law 102-240,
section 6016(e) (105 Stat. 2183); to the Committee on Public
Works and Transportation.
3260. A letter from the Secretary of the Treasury,
transmitting a draft of proposed legislation to amend the
Internal Revenue Code of 1986 to impose certain fees to fund
environmental insurance resolution reform, and for other
purposes; to the Committee on Ways and Means.
3261. A letter from the Secretary of Energy, transmitting a
draft of proposed legislation to amend the Energy Policy and
Conservation Act to manage the strategic petroleum reserve
more effectively and for other purposes; jointly, to the
Committees on Energy and Commerce, Natural Resources, and
Banking, Finance and Urban Affairs.
Para. 56.4 committee election--minority
Mr. MICHEL, by unanimous consent, submitted the following resolution
(H. Res. 442):
Resolved, That Representative Frank D. Lucas of Oklahoma be
and is hereby elected to the following standing committees of
the House of Representatives:
The Committee on Agriculture;
The Committee on Government Operations.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 56.5 blind individuals eligibility to serve as jurors
On motion of Mr. STARK, by unanimous consent, the Committee on the
District of Columbia was discharged from further consideration of the
bill (H.R. 4205) to amend title 11, D.C. Code, to clarify that blind
individuals are eligible to serve as jurors in the Superior Court of the
District of Columbia.
[[Page 912]]
When said bill was considered, read twice, ordered to be engrossed and
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 56.6 former spouses of judges equity
On motion of Mr. STARK, by unanimous consent, the Committee on the
District of Columbia was discharged from further consideration of the
bill (H.R. 3676) to amend the District of Columbia Spouse Equity Act of
1988 to provide for coverage of the former spouses of judges of the
District of Columbia.
When said bill was considered, read twice, ordered to be engrossed and
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 56.7 providing for the consideration of h.r. 4385
Mr. MOAKLEY, by direction of the Committee on Rules, called up the
following resolution (H. Res. 440):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 4385) to amend title 23, United States Code,
to designate the National Highway System, and for other
purposes. The first reading of the bill shall be dispensed
with. General debate shall be confined to the bill and the
amendments made in order by this resolution and shall not
exceed one hour equally divided and controlled by the
chairman and ranking minority member of the Committee on
Public Works and Transportation. After general debate the
bill shall be considered for amendment under the five-minute
rule. It shall be in order to consider as an original bill
for the purpose of amendment under the five-minute rule the
amendment in the nature of a substitute recommended by the
Committee on Public Works and Transportation now printed in
the bill. The committee amendment in the nature of a
substitute shall be considered as read. All points of order
against the committee amendment in the nature of a substitute
are waived. Except as otherwise provided in this resolution,
no amendment to the committee amendment in the nature of a
substitute shall be in order except those printed in the
report of the Committee on Rules accompanying this
resolution. Each amendment printed in the report may be
offered only in the order printed, may be offered only by a
Member designated in the report, shall be considered as read,
shall be debatable for the time specified in the report
equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment except as
specified in the report, and shall not be subject to a demand
for division of the question in the House or in the Committee
of the Whole. All points of order against amendments printed
in the report are waived. It shall be in order at any time
for the chairman of the Committee on Public Works and
Transportation or a designee to offer amendments en bloc
consisting of amendments printed in the report of the
Committee on Rules accompanying this resolution or germane
modifications of any such amendment. Amendments en bloc
offered pursuant to this section shall be considered as read
(except that modifications shall be reported), shall be
debatable for ten minutes equally divided and controlled by
the chairman and ranking minority member of the Committee on
Public Works and Transportation, shall not be subject to
amendment, and shall not be subject to a demand for division
of the question in the House or in the Committee of the
Whole. For the purpose of inclusion in such amendments en
bloc, an amendment printed in the form of a motion to strike
may be modified to the form of a germane perfecting amendment
to the text originally proposed to be stricken. All points of
order against such amendments en bloc are waived. The
original proponent of an amendment included in such
amendments en bloc may insert a statement in the
Congressional Record immediately before the disposition of
the amendments en bloc. At the conclusion of consideration of
the bill for amendment the Committee shall rise and report
the bill to the House with such amendments as may have been
adopted. Any Member may demand a separate vote in the House
on any amendment adopted in the Committee of the Whole to the
bill or to the committee amendment in the nature of a
substitute. The previous question shall be considered as
ordered on the bill and amendments thereto to final passage
without intervening motion except one motion to recommit with
or without instructions.
When said resolution was considered.
After debate,
On motion of Mr. MOAKLEY, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 56.8 national highway system designation
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to House Resolution
440 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the consideration of the
bill (H.R. 4385) to amend title 23, United States Code, to designate the
National Highway System, and for other purposes.
The SPEAKER pro tempore, Mr. MONTGOMERY, by unanimous consent,
designated Mr. FIELDS of Louisiana as Chairman of the Committee of the
Whole; and after some time spent therein,
Para. 56.9 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. CLEMENT:
Page 128, line 8, strike ``(a) East-West Transamerica
Corridor.--''.
Page 128, strike line 22 and all that follows through line
2 on page 129.
It was decided in the
Yeas
64
<3-line {>
negative
Nays
364
Para. 56.10 [Roll No. 199]
AYES--64
Allard
Andrews (ME)
Archer
Armey
Bacchus (FL)
Bartlett
Barton
Bilirakis
Bliley
Bonilla
Brewster
Carr
Clement
Coble
Combest
Cooper
Costello
Cramer
Crane
Dooley
Duncan
Edwards (TX)
Evans
Gejdenson
Gordon
Grams
Hayes
Hefley
Herger
Inglis
Inslee
Johnson (CT)
Kanjorski
Kennedy
Kreidler
Lambert
Leach
Lipinski
Lloyd
Margolies-Mezvinsky
Murphy
Myers
Neal (MA)
Nussle
Pallone
Penny
Peterson (MN)
Porter
Quillen
Rohrabacher
Royce
Sangmeister
Slaughter
Smith (TX)
Solomon
Stearns
Stenholm
Sundquist
Tanner
Tauzin
Taylor (NC)
Thomas (WY)
Walker
Weldon
NOES--364
Abercrombie
Ackerman
Andrews (NJ)
Andrews (TX)
Applegate
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bishop
Blute
Boehlert
Boehner
Bonior
Borski
Boucher
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Castle
Chapman
Clay
Clayton
Clinger
Clyburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Condit
Conyers
Coppersmith
Cox
Coyne
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doolittle
Dornan
Dreier
Dunn
Durbin
Edwards (CA)
Ehlers
Emerson
Engel
English
Eshoo
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Goss
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inhofe
Istook
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Kaptur
Kasich
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kyl
LaFalce
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Livingston
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
[[Page 913]]
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Nadler
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Orton
Owens
Oxley
Packard
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Petri
Pickett
Pickle
Pombo
Pomeroy
Portman
Poshard
Price (NC)
Pryce (OH)
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Snowe
Spence
Spratt
Stark
Stokes
Strickland
Studds
Stump
Stupak
Swett
Swift
Synar
Talent
Taylor (MS)
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--10
Blackwell
Faleomavaega (AS)
Ford (MI)
Grandy
Horn
Johnston
McMillan
Ortiz
Underwood (GU)
Washington
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. SKAGGS, assumed the Chair.
When Mr. HASTINGS, Acting Chairman, pursuant to House Resolution 440,
reported the bill back to the House with an amendment adopted by the
Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National
Highway System Designation Act of 1994''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Secretary defined.
TITLE I--NATIONAL HIGHWAY SYSTEM DESIGNATION AND OTHER PROVISIONS
Sec. 101. National Highway System designation.
Sec. 102. Congestion mitigation and air quality improvement program.
Sec. 103. Quality improvement.
Sec. 104. Contracting for engineering and design services.
Sec. 105. Highway safety promotion program.
Sec. 106. Project eligibility.
Sec. 107. Wisconsin substitute project.
Sec. 108. Use of recycled paving material.
Sec. 109. Work zone safety.
Sec. 110. Corrected projects.
Sec. 111. Rescissions.
Sec. 112. Additional projects.
Sec. 113. Study of radio and microwave technology for commercial and
other motor vehicles.
Sec. 114. Foothill/Eastern Transportation Corridor Agency.
Sec. 115. Railway-highway crossings project.
Sec. 116. New River Parkway, West Virginia.
Sec. 117. National recreational trails.
Sec. 118. Coal Heritage.
Sec. 119. Limitations on funding of operating assistance.
Sec. 120. Intercity bus transportation.
Sec. 121. Repeals of existing projects.
Sec. 122. Miscellaneous transit projects.
Sec. 123. Multiyear contract for metro rail project.
Sec. 124. Metric system signing.
Sec. 125. Metropolitan planning.
Sec. 126. Statewide planning.
Sec. 127. High priority corridor feasibility study.
Sec. 128. Reevaluation.
Sec. 129. Funding.
Sec. 130. Nondivisible loans.
Sec. 131. Commercial motor vehicle accidents.
TITLE II--TECHNICAL CORRECTIONS TO ISTEA AND RELATED LAWS
Sec. 201. Definitions.
Sec. 202. References to Dwight D. Eisenhower System of Interstate and
Defense Highways.
Sec. 203. Federal-Aid Systems.
Sec. 204. Apportionment.
Sec. 205. Programs of projects.
Sec. 206. Advance acquisition of rights-of-way.
Sec. 207. Standards.
Sec. 208. Letting of contracts.
Sec. 209. Prevailing rate of wage.
Sec. 210. Construction.
Sec. 211. Advance construction.
Sec. 212. Maintenance.
Sec. 213. Certification acceptance.
Sec. 214. Availability of funds.
Sec. 215. Federal share.
Sec. 216. Payment to States for construction.
Sec. 217. Relocation of utility facilities.
Sec. 218. Advances to States.
Sec. 219. Emergency relief.
Sec. 220. Applicability of axle weight limitations.
Sec. 221. Toll roads.
Sec. 222. Rail-highway crossings.
Sec. 223. Surface transportation program.
Sec. 224. Metropolitan planning.
Sec. 225. Statewide planning.
Sec. 226. Control of junkyards.
Sec. 227. Nondiscrimination.
Sec. 228. Enforcement of requirements.
Sec. 229. Availability of rights-of-way.
Sec. 230. Highway bridge program.
Sec. 231. Great River Road.
Sec. 232. Hazard elimination program.
Sec. 233. Use of safety belts and motorcycle helmets.
Sec. 234. National maximum speed limit.
Sec. 235. Minimum allocation.
Sec. 236. National minimum drinking age.
Sec. 237. Revocation of drivers' licenses of individuals convicted of
drug offenses.
Sec. 238. Reimbursement for segments of Interstate System constructed
without Federal assistance.
Sec. 239. Federal lands highway program.
Sec. 240. Bicycle transportation and pedestrian walkway.
Sec. 241. State Highway Department.
Sec. 242. Management systems.
Sec. 243. State planning and research.
Sec. 244. Appropriation for highway purposes of Federal lands.
Sec. 245. International highway transportation outreach program.
Sec. 246. Highway safety programs.
Sec. 247. National Highway Safety Advisory Committee.
Sec. 248. Alcohol-impaired driving countermeasures.
Sec. 249. Public transit facilities.
Sec. 250. Roadside barrier technology.
Sec. 251. Pensacola, Florida.
Sec. 252. High cost bridge projects.
Sec. 253. Congestion relief projects.
Sec. 254. High priority corridors on National Highway System.
Sec. 255. High priority corridor projects.
Sec. 256. Rural access projects.
Sec. 257. Urban access and mobility projects.
Sec. 258. Innovative projects.
Sec. 259. Intermodal projects.
Sec. 260. Miscellaneous Intermodal Surface Transportation Efficiency
Act amendments.
Sec. 261. Disadvantaged business enterprise program.
Sec. 262. Amendments to Surface Transportation and Uniform Relocation
Assistance Act of 1987.
Sec. 263. Freeway service patrols.
Sec. 264. Pan American Highway.
Sec. 265. Section 3 program amendments.
Sec. 266. Metropolitan planning.
Sec. 267. Formula grant program.
Sec. 268. Mass transit account block grants.
Sec. 269. Grants for research and training.
Sec. 270. General provisions.
Sec. 271. Period of availability and reapportionment of section 16
funds.
Sec. 272. Rural transit program.
Sec. 273. Nondiscrimination.
Sec. 274. Authorizations.
Sec. 275. Project management oversight.
Sec. 276. Planning and research program.
Sec. 277. Needs survey and transferability study.
Sec. 278. State responsibility for rail fixed guideway system.
Sec. 279. National Transit Institute.
Sec. 280. Increased Federal share.
Sec. 281. Performance reports on mass transit systems.
Sec. 282. Cross reference to Federal Transit Act.
Sec. 283. Participation in International Registration Plan and
International Fuel Tax Agreement.
Sec. 284. Intelligent vehicle-highway systems.
Sec. 285. Title 49, United States Code, amendments.
Sec. 286. Surface Transportation Assistance Act of 1982 amendments.
Sec. 287. Commercial Motor Vehicle Safety Act of 1986 amendments.
Sec. 288. Cleveland Harbor, Ohio.
Sec. 289. Other Intermodal Surface Transportation Efficiency Act
technical amendments.
SEC. 2. SECRETARY DEFINED.
In this Act, the term ``Secretary'' means the Secretary of
Transportation.
TITLE I--NATIONAL HIGHWAY SYSTEM DESIGNATION AND OTHER PROVISIONS
SEC. 101. NATIONAL HIGHWAY SYSTEM DESIGNATION.
(a) Designation; Modifications.--Section 103 of title 23,
United States Code, is amended by inserting after subsection
(b) the following:
``(c) Initial Designation of NHS.--The National Highway
System as submitted by the Secretary of Transportation on the
map entitled `Official Submission, National Highway System,
Federal Highway Administra-
[[Page 914]]
tion', and dated May 10, 1994, is hereby designated within
the United States, including the District of Columbia and the
Commonwealth of Puerto Rico.
``(d) Modifications to the NHS.--
``(1) Proposed modifications.--The Secretary may submit for
approval to the Committee on Environment and Public Works of
the Senate and the Committee on Public Works and
Transportation of the House of Representatives proposed
modifications to the National Highway System. The Secretary
may only propose a modification under this subsection if the
Secretary determines that such modification meets the
criteria and requirements of subsection (b). Proposed
modifications may include new segments and deletion of
existing segments of the National Highway System.
``(2) Approval of congress required.--A modification to the
National Highway System may only take effect if a law has
been enacted approving such modification.
``(3) Required submission.--Not later than 2 years after
the date of the enactment of the National Highway System
Designation Act of 1994, the Secretary shall submit under
paragraph (1) proposed modifications to the National Highway
System. Such modifications shall include a list and
description of additions to the National Highway System
consisting of--
``(A) connections to major ports, airports, international
border crossings, public transportation and transit
facilities, interstate bus terminals, rail and other
intermodal transportation facilities; and
``(B) any congressional high priority corridor or any
segment thereof established by section 1105 of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat.
2037) which was not identified on the National Highway System
designated by subsection (c), subject to the completion of
feasibility studies.''.
(b) Proposed NTS.--Not later than 2 years after the date of
the enactment of this Act, the Secretary shall submit to
Congress a proposal for a comprehensive National
Transportation System using the National Highway System as
the backbone for establishing the National Transportation
System. In developing such proposal, the Secretary shall
consult with and consider the views of States and
metropolitan planning organizations.
SEC. 102. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT
PROGRAM.
(a) Apportionment Formula.--Section 104(b)(2) of title 23,
United States Code, is amended--
(1) by inserting ``in fiscal year 1994'' after ``State''
each place it appears;
(2) by inserting ``in fiscal year 1994'' after ``States''
the first place it appears;
(3) in subparagraph (A) by inserting ``in fiscal year
1994'' after ``Act'';
(4) in subparagraph (B) by inserting ``in fiscal year
1994'' after ``subpart'';
(5) in subparagraph (C) by inserting ``in fiscal year
1994'' after ``subpart'';
(6) in subparagraph (D) by inserting ``in fiscal year
1994'' after ``subpart'';
(7) in subparagraph (E) by inserting ``in fiscal year
1994'' after ``subpart'';
(8) by inserting ``in fiscal year 1994'' after ``carbon
monoxide''; and
(9) by inserting ``in fiscal year 1994'' after ``relative
populations''.
(b) Eligible Projects.--Section 149(b) of such title is
amended by inserting before ``of a national ambient'' each
place it appears ``or maintenance''.
(c) States Without a Nonattainment Area.--Section 149(c) of
such title is amended by inserting ``in fiscal year 1994''
after ``Act''.
SEC. 103. QUALITY IMPROVEMENT.
(a) Life-Cycle Cost Analysis.--Section 106 of title 23,
United States Code, is amended by adding at the end the
following:
``(e) Life-Cycle Cost Analysis.--
``(1) Establishment.--The Secretary shall establish a
program to require States to conduct an analysis of the life-
cycle costs of all projects on the National Highway System.
``(2) Analysis of life-cycle costs defined.--In this
subsection, the term `analysis of life-cycle costs' means a
process for evaluating the total economic worth of one or
more projects by analyzing both initial costs as well as
discounted future costs, such as maintenance, reconstruction,
rehabilitation, restoring, and resurfacing costs, over the
life of the project or projects.''.
(b) Value Engineering.--Section 106 of such title is
amended by adding at the end the following:
``(f) Value Engineering for NHS.--
``(1) Requirement.--The Secretary shall establish a program
to require States to carry out a value engineering analysis
for all projects on the National Highway System.
``(2) Value engineering defined.--For purposes of this
subsection, the term `value engineering analysis' means a
systematic process of review and analysis of a project or
activity during its design phase by a multidisciplined team
of persons not originally involved in the project or activity
in order to provide suggestions for reducing the total cost
of the project or activity and providing a project or
activity of equal or better quality. Such suggestions may
include a combination or elimination of inefficient or
expensive parts of the original proposed design for the
project or activity and total redesign of the proposed
project or activity using different technologies, materials,
or methods so as to accomplish the original purpose of the
project or activity.''.
(c) Guarantee and Warranty Clauses.--Section 112 of such
title is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) Guarantee and Warranty Clauses.--The Secretary shall,
by regulation, permit a State highway department, in
accordance with standards developed by the Secretary in such
regulations, to include a clause in a contract for the
construction of any Federal-aid highway project requiring the
contractor to warrant the materials and work performed in
accordance with the contractor's obligations and
responsibilities under the terms of the contract. The
warranty or guarantee clause shall be reasonably related to
the materials and work performed and in accordance with the
contractor's obligations and responsibilities under the terms
of the contract, and shall not be construed to require the
contractor to perform maintenance.''.
(d) Regulations.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall initiate a
rulemaking proceeding for developing standards under section
112(f) of title 23, United States Code, as added by
subsection (c) of this section.
SEC. 104. CONTRACTING FOR ENGINEERING AND DESIGN SERVICES.
(a) Permanent Program.--Section 112(b)(2) of title 23,
United States Code, is amended by adding at the end the
following new subparagraphs:
``(C) Performance and audits.--Any contract or subcontract
awarded in accordance with subparagraph (A), whether funded
in whole or in part with Federal-aid highway funds, shall be
performed and audited in compliance with cost principles
contained in the Federal acquisition regulations of part 31
of title 48 of the Code of Federal Regulations.
``(D) Indirect cost rates.--Instead of performing its own
audits, a recipient of funds under a contract or subcontract
awarded in accordance with subparagraph (A) shall accept
indirect cost rates established in accordance with the
Federal acquisition regulations for 1-year applicable
accounting periods by a cognizant government agency or
independent certified public accountant if such rates are not
currently under dispute. Once a firm's indirect cost rates
are accepted, the recipient of such funds shall apply such
rates for the purposes of contract estimation, negotiation,
administration, reporting, and contract payment and shall not
be limited by administrative or de facto ceilings in
accordance with section 15.901(c) of such title 48. A
recipient of such funds requesting or using the cost and rate
data described in this subparagraph shall notify any affected
firm before such request or use. Such data shall be
confidential and shall not be accessible or provided, in
whole or in part, to any other firm or to any government
agency which is not part of the group of agencies sharing
cost data under this subparagraph, except by written
permission of the audited firm. If prohibited by law, such
cost and rate data shall not be disclosed under any
circumstances.
``(E) State option.--Subparagraphs (C) and (D) shall take
effect 2 years after the date of the enactment of this
subparagraph with respect to all States; except that if a
State, during such 2-year period, adopts by statute an
alternative process intended to promote engineering and
design quality and ensure maximum competition by professional
companies of all sizes providing engineering and design
services, such subparagraphs shall not apply with respect to
such State.''.
(b) Repeal of Pilot Program.--Section 1092 of the
Intermodal Surface Transportation Efficiency Act of 1991 (23
U.S.C. 112 note; 105 Stat. 2024) is repealed.
SEC. 105. HIGHWAY SAFETY PROMOTION PROGRAM.
(a) In General.--Chapter 3 of title 23, United States Code,
is amended by inserting after section 312 the following new
section:
``Sec. 313. Highway safety promotion program
``(a) Establishment.--The Secretary shall carry out
education, research, development, and technology transfer
activities to promote the safe operation and maintenance of
commercial motor vehicles in interstate commerce.
``(b) Grants.--To carry out the purposes of this section,
the Secretary shall make grants to, and enter into
cooperative agreements with--
``(1) a not-for-profit membership organization that has
been engaged exclusively in truck-related research and
education since 1985; and
``(2) not-for-profit organizations engaged in commercial
motor vehicle safety research.
``(c) Federal Share.--The Federal share of the costs of
activities carried out under this section shall be 100
percent.
``(d) Funding.--Out of administrative funds deducted under
section 104(a) of this title for each of fiscal years 1995
through 1997, the Secretary shall make available--
``(1) for making grants and entering into cooperative
agreements under subsection (b)(1) $1,000,000; and
``(2) for making grants and entering into cooperative
agreements under subsection (b)(2) $500,000.
Such funds shall remain available until expended.
``(e) Contract Authority.--Notwithstanding any other
provision of law, approval by the Secretary of a grant under
this section shall be deemed a contractual obligation of the
United States for payment of the Federal share of the grant.
[[Page 915]]
``(f) Annual Report.--Annually, beginning on January 1,
1996, the Secretary shall transmit to Congress a report which
provides information on the progress and activities of the
programs conducted under this section.''.
(b) Conforming Amendment.--The analysis for chapter 3 of
such title is amended by inserting after the item relating to
section 312 the following:
``313. Highway safety promotion program.''.
SEC. 106. PROJECT ELIGIBILITY.
Section 108(b) of the Federal-Aid Highway Act of 1956 (23
U.S.C. 101 note) is amended--
(1) by striking ``(1)'' before ``such costs may be
further''; and
(2) by striking ``, and (2) the amount of such costs shall
not include the portion of the project between High Street
and Causeway Street''.
SEC. 107. WISCONSIN SUBSTITUTE PROJECT.
(a) Federal Assistance.--Subsection (b) of section 1045 of
the Intermodal Surface Transportation Efficiency Act of 1991
(105 Stat. 1994) is amended to read as follows:
``(b) Eligibility for Federal Assistance.--
``(1) General rule.--Upon approval of any substitute
project or projects under subsection (a)--
``(A) the costs of construction of the eligible transitway
project for which such project or projects are substituted
shall not be eligible for funds authorized under section
108(b) of the Federal-Aid Highway Act of 1956; and
``(B) a sum equal to the amount that would have been
apportioned to the State of Wisconsin on October 1, 1994,
under section 104(b)(5)(A) of title 23, United States Code,
if the Secretary had not approved such project or projects
shall be available to the Secretary from the Highway Trust
Fund to incur obligations for the Federal share of the costs
of such substitute project or projects.
``(2) Availability.--Amounts made available under paragraph
(1)(B) shall be available for obligation on and after October
1, 1994. Amounts made available under paragraph (1)(B) shall
remain available until expended and shall be subject to any
limitation on obligations for Federal-aid highways
established by law.
``(3) Applicability of title 23 u.s.c.--Amounts made
available under paragraph (1)(B) shall be available for
obligation in the same manner as if such funds were
apportioned under chapter 1 of title 23, United States Code;
except that the Federal share of the cost of any project
carried out with such funds shall be determined in accordance
with section 103(e)(4)(D) of such title.''.
(b) Conforming Amendments.--
(1) Subsection (c).--The second sentence of subsection (c)
of section 1045 of such Act is amended by striking ``the
authority of section 103(e)(4) of title 23, United States
Code,'' and inserting ``section 21(a)(2) of the Federal
Transit Act''.
(2) Subsection (d)(1).--Subsection (d)(1) of section 1045
of such Act is amended by striking ``project for'' and all
that follows through the period at the end thereof and
inserting ``transit project.''.
(3) Subsection (d).--Subsection (d) of section 1045 of such
Act is amended by striking paragraph (3) and by redesignating
paragraph (4) as paragraph (3).
(c) Reduction of Interstate Construction Authorization.--
Section 108(b) of the Federal-Aid Highway Act of 1956 is
amended by striking ``$1,800,000,000 for the fiscal year
ending September 30, 1996'' and inserting ``$1,800,000,000,
reduced by the amount made available under section
1045(b)(1)(B) of the Intermodal Surface Transportation
Efficiency Act of 1991, for the fiscal year ending September
30, 1996''.
SEC. 108. USE OF RECYCLED PAVING MATERIAL.
(a) DOT Guidance.--Section 1038(c)(1) of the Intermodal
Surface Transportation Efficiency Act of 1991 (23 U.S.C. 109
note) is amended by striking ``an interest in the use of such
asphalt'' and inserting the following: ``concern in
fulfilling the minimum utilization requirements of subsection
(d)(1). Such technology transfer activities and training
programs shall be initiated without delay and shall include
all eligible uses of recycled rubber, alternative
applications, and other materials and shall focus on
achieving the best performance results for all eligible uses.
Not later than 90 days after the date of the enactment of
this sentence, the Secretary shall transmit to Congress a
report detailing the plans to implement this subsection.
(b) State Certification.--Section 1038(d)(1) of such Act is
amended--
(1) by striking ``established by this section.'' and
inserting ``, other materials, and alternative applications
established by this section. Each State shall also annually
certify its progress in its waste tire abatement program
under paragraph (7).'';
(2) by striking ``1995'' the first place it appears and
inserting ``1996'';
(3) in subparagraph (A) by striking ``1994'' and inserting
``1995'';
(4) in subparagraph (B) by striking ``1995'' and inserting
``1996'';
(5) in subparagraph (B) by inserting ``and'' after the
semicolon at the end;
(6) in subparagraph (C), by striking ``1996; and'' and
inserting ``1997.''; and
(7) by striking subparagraph (D).
(c) Other Materials.--Section 1038(d)(2) of such Act is
amended by striking the period at the end and inserting the
following: ``; except that, of that amount, no more than \1/
2\ may be met with the use of asphalt containing reclaimed
asphalt in fiscal years 1996 and 1997. For the purposes of
this paragraph, cold in-place recycling technology shall be
allowable.''.
(d) Penalty.--Section 1038(d)(4) of such Act is amended--
(1) by inserting before ``The'' the following: ``(A)
Withholding.--'';
(2) by indenting subparagraph (A), as designated by
paragraph (1) of this subsection, and moving such paragraph 2
ems to the right;
(3) by inserting before ``utilization requirement'' the
following: ``by which such State does not satisfy the''; and
(4) by adding at the end the following:
``(B) Escrow account.--Apportionments withheld from a State
by the Secretary under this subsection shall be placed in
escrow for 2 years pending satisfaction of the minimum
utilization requirement of paragraph (1) and pending
satisfaction of the requirement for which the apportionments
were originally withheld. Pending satisfaction of such
requirements, the withheld apportionment shall be returned to
the State.
``(C) Sunset provision.--If a State which has
apportionments withheld under this paragraph has not
satisfied current minimum utilization requirements of
paragraph (1) within 2 years and has not fulfilled the
previous requirements for which such apportionments were
withheld, then the apportionments held in the escrow account
shall be returned to the Highway Trust Fund.''.
(e) Individual State Reduction.--Section 1038(d)(7) of such
Act is amended--
(1) by striking ``prior to disposal''; and
(2) by adding at the end the following: ``The Secretary, in
consultation with the Administrator, shall exempt from the
requirements of paragraph (1), any State that has implemented
a documented waste tire abatement program if such program
will result in the elimination of tire stockpiles by 1997.''.
(f) Alternative Application.--Section 1038(d) of such Act
is further amended by adding at the end the following:
``(8) Alternative applications.--
``(A) In general.--A State may for any year meet up to \1/
2\ of the minimum utilization requirement established by
paragraph (1) (excluding any deduction a State may take
pursuant to subsection (c)) by using an equivalent amount of
recycled rubber for alternative applications, other than
making asphalt pavement, if--
``(i) the State certifies that the alternative application
does not present a threat to safety, human health, or the
environment; and
``(ii) it is demonstrated that such alternative
applications provide equal or enhanced engineering benefits.
``(B) Guidelines.--The Secretary, in consultation with the
Administrator, shall issue guidelines with respect to
compliance with alternative applications under the conditions
set forth in clauses (i) and (ii).''.
(g) Definitions.--Section 1038(e) of such Act is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) in paragraph (2) by inserting before ``taken'' the
following: ``(other than tire buffings defined as a byproduct
of the retreading industry) or any products produced from the
processing of whole scrap tires or tire materials'';
(3) by striking the period at the end of paragraph (2) and
inserting a semicolon; and
(4) by adding at the end the following:
``(3) the term `alternative applications' means uses of
recycled rubber in such civil engineering applications such
as noise and safety barriers, other safety hardware, fences,
soil retaining walls, slope stabilization measures, subgrade
insulation, and lightweight fill, where the product or
material containing recycled rubber provides a benefit to the
highway construction and is left in place as a result of the
highway construction; such term does not apply to products or
materials, such as traffic cones or vehicles, which are used
only temporarily in construction of the highway;
``(4) the term `Administrator' means the Administrator of
the Environmental Protection Agency; and
``(5) the term `State' has the meaning such term has under
section 101 of title 23, United States Code.''.
SEC. 109. WORK ZONE SAFETY.
Section 1051 of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 401 note) is amended--
(1) by inserting ``technologies and services,'' after
``appurtenances,'';
(2) by inserting ``training,'' after ``traffic control
plans,''; and
(3) by adding at the end the following new sentence: ``The
Secretary shall annually review, and provide to State and
local governments, information and recommendations concerning
safety practices that can enhance safety at highway
construction sites, including information relating to new
safety technologies, services, traffic control plans,
training, and work zone-related bidding practices. The
Secretary is directed to develop within the program a process
for assuring that, for each project, there will be a person
trained and certified who will have the responsibility and
authority for assuring that the provisions of the traffic
control plan and other safety aspects of the work zone are
effectively administered.''.
SEC. 110. CORRECTED PROJECTS.
(a) In General.--The purpose of this section is to provide
assistance for certain highway projects in order to correct
errors and omissions in the Intermodal Surface Transportation
Efficiency Act of 1991.
(b) Authorization of Projects.--The Secretary is authorized
to carry out the projects
[[Page 916]]
described in this subsection. There is authorized to be
appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) for fiscal year 1995 to carry out each
such project the amount listed for each such project:
------------------------------------------------------------------------
Amount in
City/State Projects millions
------------------------------------------------------------------------
1. North Minnesota....... Construction and
reconstruction of
Forest Highway 11
connecting Aurora-Hoyt
Lakes and Silver Bay,
MN.................... 8.5
2. Philadelphia,
Pennsylvania......... Reconstruction of the
Old Delaware Avenue
Service Road.......... 1.6
------------------------------------------------------------------------
(c) Federal Share.--The Federal share payable on account of
any project under this section shall be 80 percent of the
cost thereof.
(d) Delegation to States.--Subject to the provisions of
title 23, United States Code, the Secretary shall delegate
responsibility for construction of a project or projects
under this section to the State in which such project or
projects are located upon request of such State.
(e) Advance Construction.--When a State which has been
delegated responsibility for construction of a project under
this section--
(1) has obligated all funds allocated under this section
for construction of such project; and
(2) proceeds to construct such project without the aid of
Federal funds in accordance with all procedures and all
requirements applicable to such project, except insofar as
such procedures and requirements limit the State to the
construction of projects with the aid of Federal funds
previously allocated to it;
the Secretary, upon the approval of the application of a
State, shall pay to the State the Federal share of the cost
of construction of the project when additional funds are
allocated for such project under this section.
(f) Applicability of Title 23.--Funds authorized by this
section shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1 of title
23, United States Code, except that the Federal share of the
cost of any project under this section shall be determined in
accordance with this section and such funds shall remain
available until expended. Funds authorized by this section
shall not be subject to any obligation limitation.
SEC. 111. RESCISSIONS.
(a) Rescissions.--Effective October 1, 1994, the following
unobligated balances on September 30, 1994, of funds made
available for the following provisions are hereby rescinded:
(1) $78,993.92 made available by section 131(c) of the
Surface Transportation Assistance Act of 1982.
(2) $26,500,000 made available by section 404(a)(2) of the
Surface Transportation Assistance Act of 1982.
(3) $1,500,000 made available by section 106(a)(1) of the
Surface Transportation and Uniform Relocation Assistance Act
of 1987.
(4) $942,249 made available for section 149(a)(66) of the
Surface Transportation and Uniform Relocation Assistance Act
of 1987.
(5) $376,194.94 made available for section 149(a)(111)(C)
of the Surface Transportation and Uniform Relocation
Assistance Act of 1987.
(6) $36,979.05 made available for section 149(a)(111)(J) of
the Surface Transportation and Uniform Relocation Assistance
Act of 1987.
(7) $34,281.53 made available for section 149(a)(111)(K) of
the Surface Transportation and Uniform Relocation Assistance
Act of 1987.
(8) $258,131.85 made available for section 149(a)(111)(L)
of the Surface Transportation and Uniform Relocation
Assistance Act of 1987.
(9) $446,768 made available for section 149(a)(92) of the
Surface Transportation and Uniform Relocation Assistance Act
of 1987.
(10) $2,058,323 made available for section 149(a)(94) of
the Surface Transportation and Uniform Relocation Assistance
Act of 1987.
(11) $52,834 made available for section 149(a)(95) of the
Surface Transportation and Uniform Relocation Assistance Act
of 1987.
(12) $427,340 made available for section 149(a)(99) of the
Surface Transportation and Uniform Relocation Assistance Act
of 1987.
(13) $3,559,837 made available for section 149(a)(35) of
the Surface Transportation and Uniform Relocation Assistance
Act of 1987.
(14) $797,800 made available for section 149(a)(100) of the
Surface Transportation and Uniform Relocation Assistance Act
of 1987.
(15) $55.43 made available by section 149(c)(3) of the
Surface Transportation and Uniform Relocation Assistance Act
of 1987.
(16) $49,700,000 made available by section 1012(b)(6) of
the Intermodal Surface Transportation Efficiency Act of 1991.
(17) $29,300,000 made available by section 1003(a)(7) of
the Intermodal Surface Transportation Efficiency Act of 1991.
(18) $150,000,000 made available by section 1036(d)(1)(A)
of the Intermodal Surface Transportation Efficiency Act of
1991.
(19) $1,500,000 made available by section 1036(d)(1)(B) of
the Intermodal Surface Transportation Efficiency Act of 1991.
(20) $10,800,000 made available by section 21(a)(1) of the
Federal Transit Act.
(b) Reductions in Authorized Amounts.--Section
1036(d)(1)(A) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 1986) is amended--
(1) by striking ``$100,000,000'' the second place it
appears and inserting ``$50,000,000''; and
(2) by striking ``$125,000,000'' each place it appears and
inserting ``$62,500,000''.
SEC. 112. ADDITIONAL PROJECTS.
(a) Authorization of Projects.--The Secretary is authorized
to carry out the projects described in this subsection. There
is authorized to be appropriated for fiscal years 1995, 1996,
and 1997 to carry out each such project the amounts listed
for each such project:
----------------------------------------------------------------------------------------------------------------
Authorization
in millions Authorization
from highway in millions
State Project name trust fund from general
(other than fund of the
mass transit Treasury
account)
----------------------------------------------------------------------------------------------------------------
1. Alabama.............................. Birmingham Northern Beltline.......... 2.900
2. Alabama.............................. Black Warrior River Bridge Study...... 0.100
3. Alabama.............................. I-759 Extension....................... 20.000
4. Alabama.............................. AL182/1-10 Evacuation Connector 4.000
Improvements.
5. Alabama.............................. Patton Island Bridge Construction..... 9.000
6. Alabama.............................. Montgomery Outer Loop Beltway......... 3.000
7. Arizona.............................. Gila River Crossing................... 6.000
8. Arizona.............................. US93 Upgrade: Kingman to Lake Mead.... 3.000
9. Arizona.............................. Veterans Memorial Overpass............ 5.000
10. Arkansas............................. US71 Upgrade: Alma to Louisiana Border 3.000
11. Arkansas............................. US71 Upgrade: I-40 to Fayetteville.... 3.500 7.000
13. Arkansas............................. Lake Bull Shoals Bridge............... 0.400
14. Arkansas............................. Van Buren Regional Intermodal Facility 0.100
15. Arkansas............................. US63 Bypass Upgrade, Jonesboro........ 5.000
16. Arkansas............................. Conway Bypass Study and Design........ 3.000
17. California........................... CA84/I-580 Interchange Construction... 4.000
18. California........................... CA4 Freeway Expansion, Pittsburg...... 2.000
19. California........................... Galena Street Improvements/I-15 2.000
Interchange Construction.
20. California........................... CA56 Extension: I-5 to I-15........... 3.000
21. California........................... Stocker Street/La Cienega Interchange. 7.100
22. California........................... South Lake Tahoe Loop Road 2.000
Reconfiguration.
23. California........................... Bristol Street Improvement Project.... 3.000
24. California........................... CA30 Extension/Gap Closure............ 2.000 5.000
25. California........................... CA87 Corridor Construction............ 7.000
26. California........................... CA113 Railroad Grade Separation....... 5.240
27. California........................... Third Feather River Bridge............ 1.500
[[Page 917]]
28. California........................... I-5/Highway 99W Interchange........... 0.500
29. California........................... CA113/I-5 Interchange and Improvements 0.500
30. California........................... CA905 Congestion Mitigation........... 4.000 5.000
31. California........................... CA119/US101/Rice Avenue Interchange 1.000
Upgrade.
32. California........................... Humboldt Bay Port Access Enhancement.. 10.000
33. California........................... CA7 Improvements: CA98 to I-8......... 2.000
34. California........................... Ontario Airport Ground Access......... 4.000
35. California........................... CA71 Planning and Design, Riverside 2.000
County.
36. California........................... CA57 Interchange, Brea................ 0.950
37. California........................... CA41 Expansion........................ 3.000
38. California........................... I-15 Widening: Victorville to Barstow. 2.000 14.000
39. California........................... I-15 Access, George Air Force Base.... 1.000
40. California........................... Arden-Garden Connector................ 6.000
41. California........................... CA126 Improvements: I-5 to McBean 4.000
Parkway.
42. California........................... CA138-Avenue P-8 Improvements: CA14 to 2.000
50th St, E.
43. California........................... CA4 Upgrade........................... 19.000
44. California........................... Mare Island Access Study.............. 1.000
45. California........................... CA237--Maude Avenue/Middlefield Road 13.500
Interchange.
46. California........................... I-205 Widening: I-580 to I-5.......... 3.000
47. California........................... I-710/Firestone Boulevard Interchange. 5.800
48. California........................... CA58 Upgrade, Bakersfield............. 2.000 2.500
49. California........................... CA178 Crosstown Corridor: CA 178 to 2.000 2.500
CA99.
50. California........................... I-5 Capacity Enhancement.............. 9.400
51. California........................... Alameda Corridor...................... 4.000 5.000
52. California........................... Arbor Vitae Street Expansion.......... 4.000
53. California........................... Pacific Coast Highway Palisades Bluff 5.000
Stabilization.
54. California........................... US101--Sonoma County Congestion Relief 4.000
55. California........................... US101--Marin County HOV Lanes......... 1.000
56. Colorado............................. Powers Boulevard Corridor............. 1.000
57. Colorado............................. 120th Avenue Improvements............. 5.500
58. Connecticut.......................... Regional Transportation Center 6.000
Improvements, Norwich.
59. Connecticut.......................... Hartford Riverfront Access............ 3.000
60. Connecticut.......................... Seaview Avenue Reconstruction......... 2.000
61. District of Columbia................. Constitution Avenue Rehabilitation.... 3.000
62. District of Columbia................. Independence Avenue Rehabilitation.... 0.590
63. District of Columbia................. First Street Rehabilitation........... 0.260
64. Florida.............................. Fuller--Warren Bridge................. 2.000 19.000
65. Florida.............................. Jacksonville Airport Access Road...... 2.000
66. Florida.............................. Midpoint Bridge and Corridor.......... 2.000 5.000
67. Florida.............................. FL7/US441 Widening.................... 5.000
68. Florida.............................. I-4/Greeneway Interchange............. 4.000 2.000
69. Florida.............................. US301/University Parkway Intersection 2.000
Upgrade.
70. Florida.............................. Palm Beach Port Road Relocations...... 0.265 5.000
71. Florida.............................. Eller Drive/I-595 Improvements........ 2.600
72. Florida.............................. Northeast Dade Bike Path.............. 1.135
73. Georgia.............................. GA61 Connector with I-20.............. 7.200
74. Georgia.............................. Appalachian Scenic Parkway............ 4.000
75. Georgia.............................. GA92 Corridor Upgrade, Cherokee County 1.700 20.000
76. Georgia.............................. GA9 Widening, Roswell................. 8.300
77. Georgia.............................. Sidney-Lanier Bridge Reconstruction... 4.000 6.000
78. Georgia.............................. University Center Pedestrian Corridor, 12.960
Atlanta.
79. Hawaii............................... Kuakini Street Improvements........... 1.500
80. Illinois............................. Sauget Road Extension................. 3.100 0.818
81. Illinois............................. West Boulevard Extension.............. 0.900
82. Illinois............................. IL159 Relocation, Edwardsville........ 6.000
83. Illinois............................. US67/IL267 Improvements............... 4.000
84. Illinois............................. Centennial Bridge Improvements........ 1.000
85. Illinois............................. Business Loop 55 Widening: I-55 to 5.000
Clearwater Ave.
86. Illinois............................. Central Avenue Bypass, Chicago........ 15.000
87. Illinois............................. US20 Improvements: East Dubuque to 2.000
Galena.
88. Illinois............................. Peoria--Chicago Highway............... 3.000 2.000
89. Illinois............................. Springfield Veterans Parkway.......... 2.000 2.000
90. Illinois............................. Grand View Drive Improvements......... 3.000
91. Illinois............................. Heartland Riverfront Project.......... 2.000
92. Illinois............................. US67: Macomb to Jacksonville.......... 1.000
93. Illinois............................. Brush Creek Connector................. 3.000
94. Illinois............................. Richton Road Improvements, Crete...... 1.720
95. Illinois............................. Steger Roadway Improvements, Steger... 0.720
96. Illinois............................. Polk Avenue Extension, Richton Park... 0.336
97. Illinois............................. Minooka Street Improvements, Minooka.. 0.334
98. Illinois............................. Rathje Road Improvements, Peotone..... 0.320
[[Page 918]]
99. Illinois............................. Main Street Improvements, Ottawa...... 0.312
100. Illinois............................. Otter Creek Road Improvements, 0.270
Streator.
101. Indiana.............................. 96th Street Upgrade................... 2.000 5.000
102. Indiana.............................. Hoosier Heartland Corridor: Ft. Wayne 3.000
to Lafayette.
103. Indiana.............................. I-265 Extension....................... 10.000
104. Indiana.............................. US231 Reconstruction.................. 10.000
105. Indiana.............................. Evansville--Bloomington Corridor...... 5.000
106. Indiana.............................. Lafayette Rail Relocation............. 5.000 18.500
107. Indiana.............................. Six Points Road Interchange........... 1.500
108. Indiana.............................. City of Columbus ``Front Door''....... 8.000
109. Indiana.............................. IN67 Improvements..................... 1.000
110. Indiana.............................. East Chicago Marine Access Road....... 4.834
111. Indiana.............................. Lake Shore Drive Extension Study...... 0.600
112. Iowa................................. I-29 Corridor Improvements, Sioux City 2.000
113. Iowa................................. IA330: Marshalltown to Des Moines..... 6.000
114. Iowa................................. Burlington Iowa Southern Arterial 0.880
Connector.
115. Iowa................................. US 63: Bremer County to Minnesota 3.000
Border.
116. Iowa................................. IA5 Relocation........................ 10.000
117. Kentucky............................. US231 Relocation...................... 5.000
118. Kentucky............................. US27 Improvements..................... 1.000 3.000
119. Kentucky............................. KY114 Widening: Salyersville to US23.. 1.000 5.000
120. Louisiana............................ I-10/I-12 Baton Rouge Bypass.......... 1.000
121. Louisiana............................ I-210/Nelson Access Road.............. 3.000
122. Louisiana............................ I-10: St. Charles Parish Line to 2.000 3.000
Tulane Avenue.
123. Maryland............................. MD5/MD373 Interchange................. 10.000
124. Maryland............................. MD235 Improvements.................... 5.000
125. Maryland............................. MD237 Improvements.................... 3.882
126. Maryland............................. Beltway Advanced Traffic Monitoring... 3.000
127. Massachusetts........................ Lincoln Square, Southbridge Street 2.400
Gateways.
128. Massachusetts........................ I-90/MA146 Reconstruction............. 1.600
129. Massachusetts........................ Franklin County Bikeway............... 2.250
130. Michigan............................. US23 Expansion........................ 3.000
131. Michigan............................. Bay City Road Interchange............. 3.000
132. Michigan............................. M-59 Corridor......................... 20.000
133. Michigan............................. Highway Safety Improvements........... 20.000
134. Michigan............................. Ambassador Bridge Facilities.......... 10.000
135. Michigan............................. Monroe Rail Consolidation............. 10.000
136. Michigan............................. Detroit Airport Access Road........... 5.000
137. Michigan............................. US31 Improvements: Holland to Grand 1.200
Haven.
138. Michigan............................. M-6: Grand Rapids South Beltline 6.800 4.000
Construction.
139. Michigan............................. M-102/Grand River Interchange Redesign 4.000
140. Michigan............................. McClellan Avenue...................... 2.300
141. Michigan............................. US31 Upgrade, Berrien County.......... 2.000 5.000
142. Minnesota............................ TH610-Crosstown Expressway............ 1.000 3.000
143. Minnesota............................ Trunk Highway 33 Improvements......... 9.680
144. Minnesota............................ 34th Street Corridor.................. 2.000
145. Minnesota............................ TH212 Construction.................... 3.000
146. Minnesota............................ 77th Street Improvements.............. 5.000 10.000
147. Minnesota............................ Wabasha Street Bridge Replacement..... 9.000 11.000
148. Mississippi.......................... Norrell Road Interchange.............. 3.000
149. Missouri............................. Lindbergh Boulevard Relocation........ 5.000
150. Missouri............................. St. Joseph Loop Expressway............ 8.300
151. Missouri............................. Chouteau Bridge Replacement........... 9.000
152. Missouri............................. Cape Girardeau Bridge Replacement..... 6.250 5.000
153. Missouri............................. MO21 Upgrade.......................... 13.400
154. Missouri............................. MO Highway M Relocation............... 3.000
155. Missouri............................. I-255/MO231 Intersection.............. 1.600
156. Missouri............................. Hannibal Bridge Replacement........... 1.000 2.000
157. Montana.............................. MT323 Upgrade......................... 5.000
158. Montana.............................. Belgrade/I-90 Interchange............. 2.110
159. Nebraska............................. Niobrara, NE/Springfield, SD Bridge... 3.000
160. Nebraska............................. 27th Street and Highway 2 Pedestrian 0.413
Bridge.
161. Nebraska............................. South and East Beltway Study, Lincoln. 0.400
162. Nevada............................... Spring Mountain I-15 Interchange...... 5.000
163. Nevada............................... I-80/Sparks Road Pyramid Interchange.. 1.000 4.000
164. New Hampshire........................ Second Nashua River Crossing.......... 3.000 1.500
165. New Hampshire........................ Manchester Airport Access Road 5.000
Construction.
166. New Jersey........................... I-287 Improvements: I-78 to US22...... 4.000
167. New Jersey........................... NJ21/McCarter Highway Improvements.... 5.000
168. New Jersey........................... NJ17/NJ4 Interchange, Paramus......... 3.000
169. New Mexico........................... Santa Fe Relief Route................. 5.000
[[Page 919]]
170. New Mexico........................... Sunport Boulevard East Corrdior....... 1.400
171. New Mexico........................... US70/Las Cruces Frontage Road System.. 3.000
172. New York............................. Utica-Rome Expressway................. 6.250 5.000
173. New York............................. Westchester/Putnam Intelligent Vehicle 2.000
Highway Systems.
174. New York............................. NY60 Reconstruction, Ellicott......... 3.000
175. New York............................. Quay Street Extension, Niagara Falls.. 2.240
176. New York............................. Delaware Street Reconstruction, 2.100
Tonawanda.
177. New York............................. Williams Road Widening, Wheatfield.... 1.060
178. New York............................. Lockport Corridor Study, Erie and 0.800
Niagara Counties.
179. New York............................. Rochester-Brockport Access Study...... 0.800
180. New York............................. NY531 Extension Study: Ogden to Sweden 0.400
181. New York............................. Jericho Turnpike Improvements: New 4.000 2.000
York City to Herricks Road.
182. New York............................. New York Thruway Upgrade.............. 5.000
183. New York............................. US9 Reconstruction, Plattsburgh....... 1.750
184. New York............................. International Bridge Feasibility Study .250
185. New York............................. New York Intermodal Facilities Study.. 1.000
186. New York............................. NY277 Reconstruction, Cheektowaga..... 4.000
187. New York............................. Main Street Bascule Bridge............ 2.000
188. New York............................. Bronx/North Manhattan Intelligent 6.480
Vehicle Highway System.
189. New York............................. Latta Road Improvements, Monroe County 6.000
190. New York............................. Baldwinsville Bypass.................. 5.000
191. North Carolina....................... US220 Construction.................... 3.000
192. North Carolina....................... US17 Bridge Replacement............... 5.000
193. North Carolina....................... Charlotte Beltway East Segment........ 2.000
194. North Carolina....................... US64 Improvements..................... 6.185
194A. North Carolina...................... Peace St. Crossing in Thomasville..... 2.415
194B. North Carolina...................... Unity St. Crossing in Thomasville..... 1.400
195. North Carolina....................... US74 Improvements..................... 10.000
196. North Carolina....................... US19/23 Upgrade....................... 1.000
197. North Carolina....................... Southern Charlotte Outer Loop......... 5.000
198. Ohio................................. Lorain Central Corridor............... 5.000
199. Ohio................................. US23-Fostoria Bypass.................. 3.000
200. Ohio................................. US22/US33-Lancaster Bypass............ 1.000 5.800
201. Ohio................................. Boston Road Interchange............... 1.000
202. Ohio................................. Cleveland Gateway Project............. 1.000
203. Ohio................................. New Intermodal Terminal, Fearing 5.000
Boulevard.
204. Ohio................................. US30: OH235 to US68................... 4.000
205. Ohio................................. Alum Creek Drive Improvements......... 2.000 4.000
206. Ohio................................. US30 Widening: Wooster to Riceland.... 3.400 10.000
207. Ohio................................. Mt. Vernon to I-71 Connector Study.... 1.600
208. Ohio................................. OH43 Improvements..................... 3.920
209. Ohio................................. Cuyahoga River Bridge, Cleveland...... 4.320
210. Ohio................................. Cleveland Pedestrian Walkway.......... 1.440
211. Ohio................................. Pomeroy to Ravenswood Access 8.900
Improvements.
212. Ohio................................. Youngstown-Hubbard Expressway......... 10.000
212A. Ohio................................ Trotwood Connector in Montgomery Co., .750
Ohio.
213. Oklahoma............................. I-44 Widening: Arkansas River to Yale 6.250 5.000
Avenue.
214. Oregon............................... Jordon Cove Road Safety Improvements.. 0.529
215. Oregon............................... Salem Bypass Improvements............. 4.471
216. Oregon............................... Columbia Slough Intermodal Projects... 5.000
217. Pennsylvania......................... Philadelphia Traffic Signal 1.800
Controllers.
218. Pennsylvania......................... Philadelphia Bicycle Network.......... 0.472
219. Pennsylvania......................... Tioga Marine Terminal................. 8.000
220. Pennsylvania......................... US15 Upgrade--Tioga County............ 5.952
221. Pennsylvania......................... US 219 Truck Route--Osterhout Street.. 2.880
222. Pennsylvania......................... PA948 Improvements, Forest County..... 1.168
223. Pennsylvania......................... Pennsylvania Pier 98, Philadelphia.... 1.000
224. Pennsylvania......................... PA2001 Improvements, Pike County...... 4.800 0.300
225. Pennsylvania......................... PA14 Improvements, Bradford County.... 4.800
226. Pennsylvania......................... PA3011 Improvements, Scranton......... 3.500
227. Pennsylvania......................... PA1069 Widening, Athens............... 0.200 1.400
228. Pennsylvania......................... US219 Improvements, Cambria County.... 10.000
229. Pennsylvania......................... PA56 Improvements: Johnstown to Cessna 8.000
230. Pennsylvania......................... US 22--Section B07 Reconstruction..... 8.000
231. Pennsylvania......................... US219 Improvements: Carrolltown to I- 1.000 2.000
80.
232. Rhode Island......................... Davisville Bridges.................... 5.000
233. South Carolina....................... US17 Bridges.......................... 2.485 1.515
234. South Carolina....................... US301 Improvements.................... 1.515
235. South Dakota......................... Vermillion Bridge..................... 4.600
236. Tennessee............................ Harding Place Extension............... 5.000
237. Tennessee............................ Gay Street Bridge Rehabilitation...... 5.760
[[Page 920]]
238. Tennessee............................ Foothills Parkway--Missing Link....... .490 10.000
239. Tennessee............................ Old Nashville Highway Bridge.......... 4.000
240. Tennessee............................ Murfreesboro Alternative 1.000
Transportation System.
241. Tennessee............................ I-81 Interchange Construction......... 1.200
242. Tennessee............................ Memphis Outer Loop Beltway............ 2.000
243. Texas................................ TX121 Upgrade Study................... 2.500
244. Texas................................ Border Highway Extension.............. 10.000
245. Texas................................ NASA Road 1 Upgrade................... 4.500 15.000
246. Texas................................ US59 Upgrade, Ft. Bend County......... 0.500
247. Texas................................ US67 Widening......................... 5.416
248. Texas................................ Loop 12 Widening...................... 2.200
249. Texas................................ TX36 Improvements..................... 5.000
250. Texas................................ Brownsville Navigation District Access 1.680
251. Texas................................ Brownsville 6th & 7th Streets 1.600
Improvements.
252. Utah................................. US89 Upgrade.......................... 4.000
253. Utah................................. I-15/University Avenue Interchange.... 3.000
254. Utah................................. 20th East Highway Project............. 6.000
255. Utah................................. I-15 Corridor Improvements, Salt Lake 6.000
County.
256. Virgin Islands....................... Christiansted Bypass.................. 5.000
257. Virginia............................. Coleman Bridge Expansion.............. 2.000
258. Virginia............................. I-95/Outer Connector/VA627 Interchange 2.000
259. Virginia............................. Coalfields Expressway................. 5.000
260. Virginia............................. VA123 Philadelphia, Northern Virginia. 10.000
261. Virginia............................. Fairfax County Parkway/Franconia- 5.000
Springfield Parkway.
262. Virginia............................. I-81 to I-40 ``I-83'' Connector....... 5.000
263. Virginia............................. Pinners Point Connector............... 4.400
264. Virginia............................. S. Battlefield Boulevard/VA168........ 5.000
265. Virginia............................. 14th Street Bridge Lane Addition...... 5.000 7.000
266. Washington........................... I-5/196th Street Interchange.......... 3.336
267. Washington........................... WA305 Improvements.................... 0.672
268. Washington........................... Port Angeles Multi-Model Center....... 6.400
269. Washington........................... WA18 Improvements: 312th Way to Maple 4.000 1.000
Valley.
270. Washington........................... I-405/Northeast 8th Street Interchange 1.000
271. Washington........................... US12 Improvements..................... 9.000
272. Washington........................... US395 Improvements.................... 9.000
273. Washington........................... Chelan/Douglas Transportation Center.. 2.000
274. Washington........................... Mill Plain Extension.................. 5.000
275. West Virginia........................ Fairmont Riverside Expressway......... 10.000 .............
276. West Virginia........................ New River Parkway..................... 14.400
277. Wisconsin............................ Janesville River Street Realignment... 3.454
278. Wisconsin............................ Main Street Bridge Replacement, Racine 2.000
279. Wisconsin............................ CTH P Improvements.................... 0.480
280. Wisconsin............................ WI29 Upgrade.......................... 10.000
281. Wisconsin............................ Oshkosh Rail Relocation............... 6.000
282. Wisconsin............................ US10 Upgrade: Anderson Road to CTH U.. 4.000
283. Wisconsin............................ US41 Upgrade: Kaukauna to CTH F....... ............. 3.000
----------------------------------------------------------------------------------------------------------------
(b) Allocation Percentages for HTF Funds.--65.86 percent of
the amount allocated by subsection (a) from the Highway Trust
Fund for each project authorized by subsection (a) shall be
available for obligation in fiscal year 1995. 17.07 percent
of such amount shall be available for obligation in each of
fiscal years 1996 and 1997.
(c) Appropriations Cap.--Of the amounts authorized to be
appropriated from the general fund of the Treasury by
subsection (a), not more than $300,000,000 may be
appropriated in any single fiscal year.
(d) Federal Share.--The Federal share payable on account of
any project under this section shall be 80 percent of the
cost thereof.
(e) Delegation to States.--Subject to the provisions of
title 23, United States Code, the Secretary shall delegate
responsibility for construction of a project or projects
under this section to the State in which such project or
projects are located upon request of such State.
(f) Advance Construction.--When a State which has been
delegated responsibility for construction of a project under
this section--
(1) has obligated all funds allocated under this section
for construction of such project; and
(2) proceeds to construct such project without the aid of
Federal funds in accordance with all procedures and all
requirements applicable to such project, except insofar as
such procedures and requirements limit the State to the
construction of projects with the aid of Federal funds
previously allocated to it;
the Secretary, upon the approval of the application of a
State, shall pay to the State the Federal share of the cost
of construction of the project when additional funds are
allocated for such project under this section.
(g) Applicability of Title 23.--Funds authorized by this
section from the Highway Trust Fund shall be available for
obligation in the same manner as if such funds were
apportioned under chapter 1 of title 23, United States Code,
except that the Federal share of the cost of any project
under this section shall be determined in accordance with
this section and such funds shall remain available until
expended. Funds authorized by this section shall not be
subject to any obligation limitation.
SEC. 113. STUDY OF RADIO AND MICROWAVE TECHNOLOGY FOR
COMMERCIAL AND OTHER MOTOR VEHICLES.
(a) In General.--Section 6057 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2194) is
amended by redesignating subsection (b) as subsection (c) and
by inserting after subsection (a) the following new
subsection:
``(b) Study of Radio and Microwave Technology for
Commercial and Other Motor Vehicles.--
``(1) In general.--The Secretary shall conduct a research
study to develop and evaluate radio and microwave technology
for furtherance of safety in commercial and other motor
vehicles.
``(2) Equipment.--Equipment developed under the study to be
conducted under paragraph (1) shall be directed toward, but
not limited to, warning drivers of obstructions in
[[Page 921]]
a highway or limited visibility conditions caused by snow,
rain, fog, or dust.
``(3) Safety applications.--In conducting the study under
paragraph (1), the Secretary shall determine whether the
technology described in paragraph (1) has other safety
applications consistent with the goals of this Act.''.
(b) Funding.--Such section is further amended by adding at
the end the following new subsection:
``(d) Funding.--Of the funds made available in fiscal year
1995 to carry out section 6058(b), $500,000 shall be used to
conduct the study under subsection (b).''.
(c) Conforming Amendments.--Such section is further
amended--
(1) in the section heading by inserting ``and other'' after
``commercial''; and
(2) in the heading to subsection (a) by inserting ``of
Safety Technology for Commercial Motor Vehicles'' after
``Study''.
SEC. 114. FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY.
(a) Federal Line of Credit.--For the purpose of carrying
out a demonstration of the construction of public toll roads
in Orange County, California, authorized by section 129(d) of
title 23, United States Code, there is authorized to be
appropriated $10,000,000 for the Secretary to enter into an
agreement to make a line of credit available, with a
principal amount not to exceed $120,000,000 to the public
entity or entities with the statutory authority to construct
such facilities.
(b) Effective Period.--The line of credit under this
section shall be available for draws during the period
beginning on the date of completion of construction and
ending on the last day of the tenth calendar year following
the date construction of the facilities is completed.
(c) Purposes.--The line of credit under this section shall
be available to pay the costs of extraordinary repair and
replacement of the facilities, unexpected Federal or State
environmental restrictions, operation and maintenance
expenses of the facilities, and debt service on tax-exempt or
taxable obligations financing the facilities.
(d) Limitations.--
(1) Capital expenditures.--With respect to capital
expenditures, draws on the line of credit under this section
shall only be made if and to the extent proceeds from the
sale of the obligations issued by the public entity or
entities which otherwise would be available for such purposes
are exhausted, or are otherwise unavailable for the payment
of such capital expenditures.
(2) Expenses.--With respect to expenses, including
operation and maintenance expenses and debt service, a draw
on the line of credit under this section shall only be made
if revenues from toll operations and capitalized interest are
insufficient (or are otherwise unavailable) for such
purposes.
(3) Per year.--No more than 10 percent of the total
principal amount of the line of credit under this section
shall be available for draws in any one year.
(4) Third party creditor rights.--No third party creditor
of the public entity or entities shall have any right against
the Federal Government with respect to draws on the line of
credit under this section.
(5) Availability for particular costs.--There is no
guaranteed availability of proceeds of the line of credit
under this section for the payment of any particular cost of
the public entity or entities which might be financed under
this section.
(e) Interest Rate and Repayment Period.--Any draws (except
for operation and maintenance expenses) on the line of credit
under this section shall accrue interest at the 30-year
United States Treasury bond rate beginning on the date such
draws are made and shall be repaid in not more than 30 years;
except that any draws under the line of credit for operation
and maintenance expenses shall accrue interest at the 3-year
United States Treasury note rate beginning on the date such
draws are made and shall be repaid in not more than 3 years.
SEC. 115. RAILWAY-HIGHWAY CROSSINGS PROJECT.
Of the funds appropriated by Public Law 103-122 for
railroad-highway crossings projects, $20,000,000 shall be
made available for costs, not to exceed 80 percent, of a
project to reduce rail-highway conflicts on M-59 near
Pontiac, Michigan, and a project on Bristol Road near Flint,
Michigan. From the $20,000,000 made available under the
preceding sentence, $500,000 shall be made available to
improve and upgrade Maple Road at Bishop Airport, Michigan.
SEC. 116. NEW RIVER PARKWAY, WEST VIRGINIA.
(a) Priority Consideration.--
(1) Completion of studies.--The Secretary shall require, as
a matter of the highest priority, the completion of all
remaining studies associated with the project authorized by
section 149(a)(69) of the Surface Transportation and Uniform
Relocation Assistance Act of 1987 (101 Stat. 191).
(2) Schedule.--Notwithstanding any other provision of law,
the Secretary is authorized and directed to establish a
schedule--
(A) for the completion by other Federal agencies of any
reviews required by law of such studies; and
(B) by which the reconciliation of any discrepancies among
reviewing Federal agencies must be met.
(3) Deadline.--The schedule referred to in paragraph (2)
shall provide for the project referred to in paragraph (1) to
proceed to construction before December 31, 1995.
(b) Visitors Center.--
(1) Grants.--The Secretary shall make grants to the
Secretary of the Interior, acting through the Director of the
National Park Service, for the planning, design, and
construction of a visitors center, and such other related
facilities as may be determined to be necessary, to
facilitate visitor understanding and enjoyment of scenic,
historic, cultural, and recreational resources accessible by
the New River Parkway, West Virginia, and any related
buildings as may be determined to be necessary for the
administration of the parkway.
(2) Site.--The visitors center, related facilities, and
buildings referred to in paragraph (1) shall be located at a
suitable location on a site for which title is held by the
United States in the vicinity of the intersection of the New
River Parkway and Interstate Route 64 or along the New River
Parkway itself.
(3) Consultation.--The Director of the National Park
Service shall consult with the New River Parkway Authority
and the State of West Virginia in the planning, design, and
construction of the visitors center, related facilities, and
buildings referred to in paragraph (1).
(4) Funding.--Of the amounts made available pursuant to
section 1003(a)(6)(C) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 1919)
$1,300,000 for fiscal year 1995 and $1,200,000 for fiscal
year 1996 shall be made available for the purposes of
carrying out this subsection. Such funds shall remain
available until expended.
SEC. 117. NATIONAL RECREATIONAL TRAILS.
(a) State Eligibility.--Section 1302(c) of the Intermodal
Surface Transportation Act of 1991 (33 U.S.C. 1261(c)) is
amended--
(1) by striking ``Act'' each place it appears and inserting
``part'';
(2) in paragraph (2) by striking subparagraph (B) and
redesignating subparagraphs (C) and (D) as subparagraphs (B)
and (C), respectively; and
(3) by adding at the end the following:
``(3) Sixth year provision.--On and after the date that is
5 years after the date of the enactment of this part, a State
shall be eligible to receive moneys under this part in a
fiscal year only if the State agrees to expend from non-
Federal sources for carrying out projects under this part an
amount equal to 20 percent of the amount received by the
State under this part in such fiscal year.''.
(b) Administrative Costs.--Section 1302(d)(1) of such Act
(33 U.S.C. 1261(d)(1)) is amended--
(1) in subparagraph (C) by striking ``national surveys''
and inserting ``a 1-time national survey'';
(2) by striking ``and'' at the end of subparagraph (C);
(3) by redesignating subparagraph (D) as subparagraph (E)
and inserting after subparagraph (C) the following:
``(D) contracting for services with other land management
agencies; and''; and
(4) by adding the end the following:
``The 3 percent limitation in the preceding sentence shall
not apply to expenditures to pay the cost of conducting the
1-time national survey described in subparagraph (C).''.
(c) Environmental Mitigation.--
(1) In general.--Section 1302(e) of such Act (33 U.S.C.
1261(e)) is amended by redesignating paragraphs (5), (6),
(7), and (8) as paragraphs (6), (7), (8), and (9),
respectively, and by inserting after paragraph (4) the
following:
``(5) Environmental mitigation.--
``(A) Requirement.--To the extent practicable and
consistent with other requirements of this section, in
complying with paragraph (4), a State shall give priority to
project proposals which provide for the redesign,
reconstruction, nonroutine maintenance, or relocation of
trails in order to mitigate and minimize the impact to the
natural environment.
``(B) Compliance.--The State shall receive guidance for
determining compliance with subparagraph (A) from the
recreational trail advisory board satisfying the requirements
of subsection (c)(2)(A).''.
(2) Conforming amendment.--Section 1302(e)(4) of such Act
(33 U.S.C. 1261(e)(4)) is amended by striking ``paragraphs
(6) and (8)(B)'' and inserting paragraphs ``(7) and (9)(B)''.
(d) Exclusions.--Section 1302(e)(7) of such Act, as
redesignated by subsection (c), is amended--
(1) by striking ``(7) Small state exclusion.--Any State''
and inserting the following:
``(7) Exclusions.--
``(A) Small state.--Any State'';
(2) by moving the text of subparagraph (A), as so
designated, 2 ems to the right; and
(3) by adding at the end the following:
``(B) Best interest of a state.--Any State which determines
based on trail needs identified in its State Comprehensive
Outdoor Recreation Plan that it is in the best interest of
the State to be exempt from the requirements of paragraph (4)
may apply to the Secretary for such an exemption. Before
approving or disapproving an application for such an
exemption, the Secretary shall publish in the Federal
Register notice of receipt of the application and provide an
opportunity for public comment on the application.''.
(e) Return of Moneys Not Expended.--Section 1302(e)(9) of
such Act, as redesignated by subsection (c), is amended--
(1) by inserting ``the State'' before ``may be exempted'';
and
(2) by striking ``and expended or committed'' and all that
follows before the period.
[[Page 922]]
(f) Authorization of Appropriations.--Section 1302 of such
Act (16 U.S.C. 1261) is amended by adding at the end the
following:
``(h) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
out of the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section and section 1303
$6,000,000 for fiscal year 1995.
``(2) Applicability of title 23.--Funds authorized by
paragraph (1) shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1 of
title 23, United States Code; except that the Federal share
of the cost of activities conducted with such funds shall be
as provided in this section, such funds shall not be subject
to any obligation limitation other than subsection (d)(3),
and such funds shall remain available until expended.
``(3) Treatment.--Funds authorized by paragraph (1) shall
be treated as if such funds were part of the National
Recreational Trails Trust Fund for purposes of making
allocations to the States under subsection (d).''.
(g) Advisory Committee.--Section 1303 of such Act (16
U.S.C. 1262) is amended--
(1) in subsection (b) by striking ``11 members'' and
inserting ``12 members'';
(2) in subsection (b) by redesignating paragraphs (2), (3),
and (4) as paragraphs (3), (4), and (5), respectively, and by
inserting after paragraph (1) the following:
``(2) 1 member appointed by the Secretary representing
individuals with disabilities;''.
SEC. 118. COAL HERITAGE.
(a) Grants.--The Secretary shall make grants to the State
of West Virginia for the purpose of erecting signs or other
informational devices depicting Coal Heritage along public
roads identified as ``Heritage Tour Routes'' and ``Tour Route
Connectors'' on the map entitled ``Alternative Concept C'' in
the the study entitled ``A Coal Mining Heritage Study:
Southern West Virginia'' (1993, United States Department of
the Interior, National Park Service) and along additional
public roads which provide access to the interpretive sites
and areas identified on such map. Such signs or devices shall
be devised by the West Virginia Division of Culture and
History with the concurrence of the West Virginia Division of
Highways and shall be subject to public comment.
(b) Technical Assistance.--With respect to areas along the
roads referred to in subsection (a) which are administered by
Federal, State, local, or nonprofit entities, the Secretary
may, pursuant to cooperative agreements with such entities
and in consultation with the State of West Virginia, provide
technical assistance in the development of interpretive
devices and information in order to contribute to public
appreciation of the historical, cultural, natural, scenic,
and recreational sites along such roads.
(c) Funding.--Of amounts made available pursuant to section
1047(d) of the Intermodal Surface Transportation Efficiency
Act of 1991 (105 Stat. 1998), there shall be available
$1,000,000 per fiscal year for each of fiscal years 1995 and
1996 for the purposes of carrying out this section. Such sums
shall remain available until expended.
SEC. 119. LIMITATIONS ON FUNDING OF OPERATING ASSISTANCE.
Section 9(k)(2) of the Federal Transit Act (49 U.S.C. App.
1607a(k)(3)) is amended--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (E) and (F), respectively;
(2) in subparagraph (E), as redesignated by paragraph (1),
by inserting ``Increase.--'' before ``Beginning'';
(3) in subparagraph (F), as redesignated by paragraph (1)--
(A) by inserting ``Consumer price index defined.--'' before
``As''; and
(B) by striking ``(B)'' and inserting ``(E)'';
(4) by moving subparagraphs (E) and (F), as redesignated by
paragraph (1), 4 ems to the right; and
(5) by striking ``(2)'' and subparagraph (A) and inserting
the following:
``(2) Limitations on funding of operating assistance.--
``(A) In general.--The amount of funds apportioned under
this section which may be used for operating assistance shall
not exceed 80 percent of the amount of funds apportioned in
fiscal year 1982 under paragraphs (1)(A), (2)(A), and (3)(A)
of section 5(a) of this Act to an urbanized area with a
population of 1,000,000 or more, 90 percent of funds so
apportioned to an urbanized area with a population of 200,000
or more and less than 1,000,000 population; and 95 percent of
funds so apportioned to an urbanized area of less than
200,000 population. Notwithstanding the preceding sentence,
an urbanized area that first became an urbanized area under
the 1980 census or thereafter may use each fiscal year for
operating assistance not to exceed an amount equal to \2/3\
of its apportionment during the first full year it received
funds under this section.
``(B) Special rule for certain urbanized areas with reduced
populations.--If an urbanized area had a population under the
1980 decennial census of the United States of more than
1,000,000 and has a population under the 1990 decennial
census of less than 1,000,000, the maximum percentage of
funds which may be used for operating assistance for purposes
of subparagraph (A) shall be 90 percent of the amount of
funds apportioned in fiscal year 1982 under such paragraphs
(1)(A), (2)(A), and (3)(A) to such area.
``(C) Special rule for urbanized areas of less than
200,000.--If an urbanized area had a population under the
1990 decennial census of the United States of less than
200,000, 100 percent of the funds apportioned to such area
under this section for each of fiscal years 1995, 1996, and
1997 may be used for operating assistance, notwithstanding
any limitation otherwise imposed on operating assistance.
``(D) Offset.--The amount of funds apportioned under this
section to each urbanized area with a population of 200,000
or more in each of fiscal years 1995, 1996, and 1997 which
may be used for operating assistance but for this
subparagraph shall be reduced by the amount determined by
multiplying--
``(i) the aggregate amount of increases of operating
assistance under subparagraph (C) in such fiscal year; by
``(ii) the quotient determined by dividing--
``(I) the amount of funds apportioned under this section to
such area in such fiscal year which may be used for operating
assistance but for this subparagraph; by
``(II) the aggregate amount of funds apportioned to all
urbanized areas with a population of 200,000 or more under
this section in such fiscal year but for this subparagraph
which may be used for operating assistance.''.
SEC. 120. INTERCITY BUS TRANSPORTATION.
(a) Basic Program.--Section 18(i)(1) of the Federal Transit
Act (49 U.S.C. App. 1614(i)(1)) is amended--
(1) by striking ``and'' before ``15 percent'';
(2) by inserting ``, and 7.5 percent of such amounts in
fiscal year 1995'' after ``1994''; and
(3) by inserting after ``demonstration projects,'' the
following: ``the purchase of accessibility devices,''.
(b) Discretionary Program.--Section 3 of such Act (49
U.S.C. App. 1602) is amended by adding at the end the
following new subsection:
``(o) Intercity Bus Transportation.--Of the amounts made
available by subsection (k)(1)(C) in each fiscal year
beginning after September 30, 1994, the Secretary shall make
to operators of intercity bus transportation systems capital
grants to support such systems, including the purchase of
accessibility devices, an amount equal to 7.5 percent of the
amounts made available under section 18 in such fiscal year.
The Federal grant for any project under this subsection shall
be 80 percent of the net project cost; except that the
Federal grant for the purchase of accessibility devices under
this subsection shall be 90 percent of the net project
cost.''.
SEC. 121. REPEALS OF EXISTING PROJECTS.
(a) Long Beach Metro Link Fixed Rail Project.--Section
3035(o) of the Intermodal Surface Transportation Efficiency
Act of 1991 (105 Stat. 2131) is repealed.
(b) Honolulu Rapid Transit Project.--Section 3035(ww) of
such Act (105 Stat. 2136) is repealed.
SEC. 122. MISCELLANEOUS TRANSIT PROJECTS.
(a) Portland Westside Light Rail Project.--Section 3035(b)
of the Intermodal Surface Transportation Efficiency Act of
1991 (105 Stat. 2129) is amended--
(1) by inserting ``(1) In general.--'' after ``Westside
Light Rail Project.--'';
(2) by striking the last sentence;
(3) by indenting paragraph (1) and moving it 2 ems to the
right; and
(4) by adding at the end the following:
``(2) Amendment.--
``(A) Negotiation.--Within 90 days after the date of the
enactment of this paragraph, the Secretary shall negotiate
and sign an amendment to the Westside Light Rail Project
multiyear grant agreement authorized under paragraph (1) with
the Tri-County Metropolitan Transportation District of Oregon
to carry out the final design and construction of the locally
preferred alternative for the Hillsboro extension, systems
related costs as authorized in Public Law 102-240, and
acquisition of low floor light rail vehicles, as set forth in
Public Law 102-388.
``(B) Advance construction; contingent commitment.--The
amendment negotiated under this paragraph shall provide for
the use of advance construction authority under section 3(l)
of the Federal Transit Act and for the use of contingent
commitment authority under section 3(a)(4)(C) of the Federal
Transit Act for the activities set forth in subparagraph (A)
for an amount equivalent to the Federal share authorized
under section 3 of the Federal Transit Act for each specific
activity; except that the Federal share of the cost of the
final design and construction of the Hillsboro extension
shall not exceed \1/3\.
``(C) Special rule for advance construction.--In the event
that the Tri-County Metropolitan Transportation District of
Oregon uses advance construction authority under this
paragraph, the Secretary shall convert that authority into a
grant and shall reimburse the Tri-County Metropolitan
Transportation District of Oregon from funds made available
under section 3 of the Federal Transit Act in fiscal years
1998 and 1999 for the Federal share of the amounts expended
(plus any eligible financing costs).
``(D) Integrated project financing plan.--The amendment
negotiated under this paragraph shall also include an
integrated project financing plan to permit the
interchangeable use of Federal funds for activities set forth
in paragraph (1) and subparagraph (A) to maintain the entire
project construction schedule.
``(3) Treatment as a single project.--The Hillsboro
extension to the Westside Light Rail Project shall be
considered by the Federal Transit Administration as a single
project extending from downtown Portland, Oregon, to downtown
Hillsboro, Oregon, for the purposes of project review,
evaluation, and approval of construction under section 3(i)
of the Federal Transit Act and for the
[[Page 923]]
purpose of preparing a report under section 3(j) of such
Act.''.
(b) New Jersey Urban Core Project.--Section 3031(d) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat. 2122-2123) is amended--
(1) by inserting after ``Hudson River Waterfront
Transportation System'' the following: ``(including corridor
connections to and within the city of Bayonne)''; and
(2) by inserting after ``Concourse,'' the following: ``the
West Shore Line,''.
(c) North Bay Ferry Service.--Section 3035(c) of such Act
(105 Stat. 2129) is amended by striking ``$8,000,000'' and
all that follows through ``1993'' and inserting
``$17,000,000''.
(d) Staten Island-Midtown Manhattan Ferry Service.--Section
3035(d) of such Act is amended by striking ``$1,000,000'' and
all that follows through ``1993'' and inserting
``$12,000,000''.
(e) Central Area Circulator Project.--Section 3035(e) of
such Act is amended by striking the last sentence.
(f) Salt Lake City Light Rail Project.--Section 3035(f) of
such Act is amended by inserting after ``including'' the
following: ``related high-occupancy vehicle lane, intermodal
corridor design,''.
(g) Los Angeles-San Diego Rail Corridor Improvement
Project.--Section 3035(g) of such Act is amended by striking
``not less than'' and all that follows through ``1994'' and
inserting ``$20,000,000''.
(h) Additional Trackage Rights and Right-of-Way Purchase
for Gilroy Service.--Section 3035(h) of such Act is amended--
(1) by striking ``July 1, 1994'' and inserting ``September
30, 1996''; and
(2) by striking ``August 1, 1994,'' and inserting ``October
31, 1996,''.
(i) Dallas Light Rail Project.--
(1) Multiyear grant agreement.--Section 3035(i) of such Act
is amended--
(A) by striking ``6.4 miles'' and inserting ``9.6 miles'';
(B) by striking ``10 stations'' and inserting ``not to
exceed 14 stations'';
(C) by striking ``such light rail line'' and inserting
``the program of interrelated projects identified in section
3(a)(8)(C)(vii) of the Federal Transit Act''; and
(D) by striking ``of such elements'' and inserting
``element of such program of interrelated projects''.
(2) Program of interrelated projects.--Section
3(a)(8)(C)(vii) of the Federal Transit Act (49 U.S.C. App.
1602(a)(8)(C)(vii)) is amended by striking ``Camp Wisdom''
and inserting ``Interstate Route 20, L.B.J. Freeway''.
(j) South Boston.--Section 3035(j) of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat.
2130-2131) is amended--
(1) by striking ``$278,000,000'' each place it appears and
inserting ``$323,000,000'';
(2) by inserting ``the second place it appears'' after
``striking `--' ''; and
(3) by adding at the end the following: ``Funds made
available for the South Boston Piers Transitway in fiscal
year 1994 for alternatives analysis may also be used for
construction.''.
(k) Kansas City Light Rail Line.--Section 3035(k) of such
Act is amended by striking ``$1,500,000 in fiscal year 1992,
and $4,400,000 in fiscal year 1993'' and inserting
``$5,900,000''.
(l) Downtown Orlando Circulator Project.--Section 3035(l)
of such Act is amended--
(1) by striking ``No later than April 30, 1992, the'' and
inserting ``The'';
(2) by striking ``$5,000,000'' and inserting
``$12,000,000''; and
(3) by striking ``for'' the second place it appears and all
that follows through the period at the end and inserting
``and the completion of final design, construction, land and
equipment acquisition, and related activities for the
Downtown Orlando Circulator project.''.
(m) Detroit Light Rail Project.--Section 3035(m) of such
Act is amended by striking ``not less than'' the first place
it appears and all that follows through ``1993,'' and
inserting ``$20,000,000''.
(n) Lakewood-Freehold-Mattawan or Jamesburg Rail Project.--
Section 3035(p) of such Act is amended by striking
``$1,800,000'' and all that follows through ``1994'' and
inserting ``$7,800,000''.
(o) Charlotte Light Rail Study.--Section 3035(r) of such
Act is amended by striking ``$125,000'' and all that follows
through ``1993'' and inserting ``$500,000''.
(p) San Diego Mid Coast Fixed Guideway Project.--Section
3035(u) of such Act is amended--
(1) in the subsection heading by striking ``Light Rail''
and inserting ``Fixed Guideway'';
(2) by striking ``No later than April 30, 1992, the'' and
inserting ``The'';
(3) by striking ``, $2,000,000'' and all that follows
through ``right-of-way,'' and inserting ``$42,000,000''; and
(4) by striking ``Light Rail'' and inserting ``Fixed
Guideway''.
(q) RAILTRAN Commuter Rail Project.--Section 3035(x) of
such Act is amended--
(1) by striking ``No later than April 30, 1992, the'' and
inserting ``The''; and
(2) by striking ``$2,480,000'' and all that follows through
``1993'' and inserting ``$8,680,000''.
(r) Eureka Springs, Arkansas.--Section 3035(z) of such Act
is amended by striking the first sentence and inserting the
following: ``From funds provided under section 3(k)(1)(c) of
the Federal Transit Act, the Secretary shall make available
$63,600 to Eureka Springs Transit for the purchase of an
alternative fueled vehicle, which is accessible to and usable
by individuals with disabilities.''.
(s) Baltimore-Central Light Rail Extension.--Section
3035(nn) of such Act is amended--
(1) in paragraph (1) by striking ``as follows:
``(A) Not less than $30,000,000 for fiscal year 1993.
``(B) Not less than $30,000,000 for fiscal year 1994.''
and inserting ``and shall be $60,000,000.''; and
(2) in paragraph (2) by striking ``as follows'' and all
that follows through the period at the end of subparagraph
(C) and inserting ``totaling $160,000,000.''.
(t) Jacksonville Automated Skyway Express Extension.--
Section 3035(vv) of such Act is amended to read as follows:
``(vv) Jacksonville Automated Skyway Express Extension.--
Not later than December 31, 1994, the Secretary shall
negotiate and sign an agreement which modifies the full
funding agreement signed on September 27, 1991, with the
Jacksonville Transportation Authority for phase 1-B of the
north segment of the Automated Skyway Express project to make
available $15,000,000 in already appropriated funds and
$35,000,000 under section 3(k)(1)(B) of the Federal Transit
Act to carry out construction of the locally preferred
alternative for an operable segment of a not to exceed 1.8
mile extension to such project.''.
(u) Dulles Corridor Rail Project.--Section 3035(aaa) of
such Act is amended--
(1) by striking ``No later than April 30, 1992, the'' and
inserting ``The'';
(2) by striking ``$6,000,000'' and inserting
``$16,000,000''; and
(3) by striking ``the completion'' and all that follows
through ``engineering for''.
(v) Central Puget Sound Regional Transit Project.--Section
3035(bbb) of such Act is amended to read as follows:
``(bbb) Central Puget Sound Regional Transit Project.--From
funds provided under section 3(k)(1)(B) of the Federal
Transit Act, the Secretary shall make available $300,000,000
for the Central Puget Sound Regional Transit Project.''.
(w) Canal Street Corridor Light Rail.--Section 3035(fff) of
such Act is amended--
(1) by striking ``No later than April 30, 1992, the'' and
inserting ``The''; and
(2) by striking ``negotiate'' and all that follows through
``includes'' and inserting ``make available''; and
(3) by striking ``$4,800,000'' and all that follows through
``statement for'' and inserting ``$44,800,000 to construct''.
(x) Additional Projects.--
(1) Santa cruz bus facility consolidation.--From funds
provided under section 3(k)(1)(C) of the Federal Transit Act,
the Secretary shall make available $4,120,000 for the Santa
Cruz Bus Facility Consolidation project.
(2) Santa cruz fixed guideway.--From funds provided under
section 3(k)(1)(B) of the Federal Transit Act, the Secretary
shall make available $4,750,000 for the Santa Cruz Fixed
Guideway project.
(3) San francisco ferry building renovation.--From funds
provided under section 3(k)(1)(B) of the Federal Transit Act,
the Secretary shall make available $1,250,000 for the San
Francisco Ferry Building Renovation project.
(4) AC transit bus improvements.--From funds provided under
section 3(k)(1)(C) of the Federal Transit Act, the Secretary
shall make available $10,000,000 to the Alameda County
Transit District for the purchase of buses.
(5) Denver southwest corridor light rail.--From funds
provided under section 3(k)(1)(B) of the Federal Transit Act,
the Secretary shall make available $13,000,000 for the Denver
Southwest Corridor Light Rail project.
(6) Griffin line transitway.--From funds provided under
section 3(k)(1)(B) of the Federal Transit Act, the Secretary
shall make available $4,900,000 for the Griffin Line
Transitway project.
(7) Tampa to lakeland commuter rail.--From funds provided
under section 3(k)(1)(B) of the Federal Transit Act, the
Secretary shall make available $16,300,000 for the Tampa to
Lakeland Commuter Rail project.
(8) Ravenswood rapid transit line.--From funds provided
under section 3(k)(1)(A) of the Federal Transit Act, and
before the formula distribution of funds under such section,
the Secretary shall make available $20,000,000 to the Chicago
Transit Authority for the reconstruction of track on the
Ravenswood Rapid Transit line between Kimball Terminal and
Clark Junction and between Armitage Avenue and Tower 18.
(9) Fitchburg intermodal facility.--From funds provided
under section 3(k)(1)(C) of the Federal Transit Act, the
Secretary shall make available $2,250,000 for the Fitchburg
Intermodal Facility.
(10) East-west transitway.--From funds provided under
section 3(k)(1)(B) of the Federal Transit Act, the Secretary
shall make available $5,000,000 for the East-West Transitway
project in Montgomery County, Maryland.
(11) Minneapolis.--From funds provided under section
3(k)(1)(B) of the Federal Transit Act, the Secretary shall
make available $20,000,000 for the Minnesota Central Corridor
Light Rail project.
(12) Hoboken terminal facility improvements.--From funds
provided under section 3(k)(1)(A) of the Federal Transit Act,
and before the formula distribution of funds under such
section, the Secretary shall make available $8,000,000 to
rehabilitate the Hoboken Terminal and Yard Complex in
Hoboken, New Jersey.
[[Page 924]]
(13) West 72d street transit station.--From funds provided
under section 3(k)(1)(A) of the Federal Transit Act, and
before the formula distribution of funds under such section,
the Secretary shall make available $9,500,000 to refurbish
and expand the West 72d Street Transit Station in New York,
New York.
(14) Tren urbano light rail line.--From funds provided
under section 3(k)(1)(B) of the Federal Transit Act, the
Secretary shall make available $40,000,000 for the Tren
Urbano Light Rail project in Puerto Rico.
(15) Memphis riverfront loop.--From funds provided under
section 3(k)(1)(B) of the Federal Transit Act, the Secretary
shall make available $5,900,000 for the Memphis Riverfront
Loop Light Rail project.
(16) DART north central light rail extension.--From funds
provided under section 3(k)(1)(B) of the Federal Transit Act,
the Secretary shall make available $18,628,000 for the DART
North Central Light Rail Extension project.
(17) Austin light rail project.--From funds provided under
section 3(k)(1)(B) of the Federal Transit Act, the Secretary
shall make available $5,000,000 for the Austin Light Rail
project.
(18) Edmonds multi-modal center.--From funds provided under
section 3(k)(1)(B) of the Federal Transit Act, the Secretary
shall make available $400,000 for fixed guideway improvements
in the vicinity of the Edmonds, Washington ferry terminal.
(19) Milwaukee bus purchase.--From funds provided under
section 3(k)(1)(C) of the Federal Transit Act, the Secretary
shall make available $10,000,000 to purchase transit buses in
Milwaukee County, Wisconsin.
(20) Tri-state transit authority purchase.--From funds
provided under section 3(k)(1)(C) of the Federal Transit Act,
the Secretary shall make available $3,416,000 to the Tri-
State Transit Authority in Huntington, West Virginia, for the
purchase of transit vehicles, equipment, and related right-
of-way facility costs.
(21) Alaska marine transportation system.--Notwithstanding
section 3(a) of the Federal Transit Act, from funds provided
under section 3(k)(1)(B), the Secretary shall make available
$20,000,000 to the State of Alaska for the Alaska Marine
Transportation System project.
(22) Long beach bus purchase.--From funds provided under
section 3(k)(1)(C) of the Federal Transit Act, the Secretary
shall make available $3,000,000 to the Long Beach Public
Transportation Company for the purchase of buses and spare
parts.
(23) Palm desert people mover.--From funds provided under
section 3(k)(1)(B) of the Federal Transit Act, the Secretary
shall make available $5,000,000 for the Palm Desert People
Mover Project.
(24) Los angeles/burbank/glendale/san fernando valley light
rail/intermodal connection.--From funds provided under
section 3(k)(1)(B) of the Federal Transit Act, the Secretary
shall make available $10,000,000 for the Los Angeles/Burbank/
Glendale/San Fernando Valley Light Rail/Intermodal Connection
project.
(25) Orange county transitway.--From funds provided under
section 3(k)(1)(B) of the Federal Transit Act, the Secretary
shall make available $15,000,000 for the Orange County
Transitway Project, including the connector in Costa Mesa,
California .
(26) Golden empire transit light rail.--From funds provided
under section 3(k)(1)(B) of the Federal Transit Act, the
Secretary shall make available $2,000,000 for the Golden
Empire Transit Light rail project.
(27) Delaware area rapid transit bus purchase.--From funds
provided under section 3(k)(1)(C) of the Federal Transit Act,
the Secretary shall make available $5,000,000 to the Delaware
Area Rapid Transit District for the purchase of buses.
(28) Tri-county commuter rail.--From funds provided under
section 3(k)(1)(B) of the Federal Transit Act, the Secretary
shall make available $20,000,000 for capital improvements to
Tri-Rail Commuter Rail Service.
(29) Safety and security pilot project.--From funds
provided under section 3(k)(1)(C) of the Federal Transit Act,
the Secretary shall make available $2,750,000 for a safety
and security pilot project in Champaign-Urbana, Rock Island,
and Springfield, Illinois.
(30) Metra wisconsin central commuter rail line.--From
funds provided under section 3(k)(1)(B) of the Federal
Transit Act, the Secretary shall make available $5,000,000
for capital improvements to provide commuter rail service
between Antioch, Illinois, and Chicago Union Station.
(31) Cincinnati northeast/northern kentucky rail line.--
From funds provided under section 3(k)(1)(B) of the Federal
Transit Act, the Secretary shall make available $6,000,000
for the Cincinnati Northeast/Northern Kentucky Rail Line
project.
(32) Worcester intermodal center.--From funds provided
under section 3(k)(1)(C) of the Federal Transit Act, the
Secretary shall make available $20,000,000 for the Union
Station Intermodal Center project.
(33) Boston college alternative fuels/environmental
efficiency bus demonstration project.--From funds provided
under section 3(k)(1)(C) of the Federal Transit Act, the
Secretary shall make available $1,600,000 to Boston College
for the alternative fuels/environmental efficiency bus
demonstration project.
(34) Shady grove to frederick corridor.--From funds
provided under section 3(k)(1)(B) of the Federal Transit Act,
the Secretary shall make available $5,000,000 to the State of
Maryland for a corridor study of transit options in the Shady
Grove to Frederick Corridor.
(35) Baltimore regional transit corridor study.--From funds
provided under section 3(k)(1)(B) of the Federal Transit Act,
the Secretary shall make available $10,000,000 to the State
of Maryland for a study of transit corridors in the Baltimore
and southern Maryland regions.
(36) West trenton line.--From funds provided under section
3(k)(1)(B) of the Federal Transit Act, the Secretary shall
make available $10,000,000 to make capital improvements for
the West Trenton Commuter Rail Line.
(37) Whitehall ferry terminal.--From funds provided under
section 3(k)(1)(B) of the Federal Transit Act, the Secretary
shall make available $20,000,000 for reconstruction of the
Whitehall Ferry Terminal in New York, New York.
(38) Buffalo crossroads station.--From funds provided under
section 3(k)(1)(B) of the Federal Transit Act, the Secretary
shall make available $9,000,000 to the Niagara Frontier
Transportation Authority for the Crossroads Station project.
(39) Columbus north corridor/osu link.--From funds provided
under section 3(k)(1)(B) of the Federal Transit Act, the
Secretary shall make available $10,000,000 for the Columbus
North Corridor/OSU Link project.
(40) Bayfront centre intermodal complex.--From funds
provided under section 3(k)(1)(C) of the Federal Transit Act,
the Secretary shall make available $8,000,000 for the
Bayfront Centre Intermodal Complex project.
(41) St. louis metro link extensions.--From funds provided
under section 3(k)(1)(B) of the Federal Transit Act, the
Secretary shall make available $16,000,000 for the St. Clair
extension to the St. Louis Metro Link light rail transit
system, $2,450,000 for the Cross-County extension to such
system, and $3,450,000 for the St. Charles extension to such
system.
(42) Albany multimodal transportation facility.--From funds
provided under section 3(k)(1)(C), the Secretary shall make
available $590,000 for the multimodal transportation facility
in Albany, Oregon.
(43) Miami metrorail north corridor extension.--From funds
provided under section 3(k)(1)(B) of the Federal Transit Act,
the Secretary shall make available $15,000,000 for the
northern extension of the Metrorail rapid transit system in
Miami, Florida.
(44) Valparaiso-chicago commuter corridor study.--From
funds provided under section 3(k)(1)(B) of the Federal
Transit Act, the Secretary shall make available $56,000 to
determine the feasibility of restoring commuter rail service
between Valparaiso, Indiana, and Chicago, Illinois.
(45) Area transportation authority of north central
pennsylvania.--From funds provided under section 3(k)(1)(C)
of the Federal Transit Act, the Secretary shall make
available $3,434,000 for construction of a bus maintenance
facility in Elk County, satellite garage in Potter County,
and CNG fueling equipment in DuBois for the Area
Transportation Authority of North Central Pennsylvania.
(46) Johnstown, pennsylvania.--From funds provided under
section 3(k)(1)(C) of the Federal Transit Act, the Secretary
shall make available $2,700,000 for the purchase of buses and
repair of a storage and repair facility and associated fuel
storage tanks for the Cambria County Transit Authority,
Pennsylvania.
(47) Indiana county, pennsylvania.--From funds provided
under section 3(k)(1)(C) of the Federal Transit Act, the
Secretary shall make available $600,000 for the purchase of
buses for the Indiana County Transit Authority, Pennsylvania.
(48) Altoona, pennsylvania.--From funds provided under
section 3(k)(1)(C) of the Federal Transit Act, the Secretary
shall make available $1,200,000 for the purchase of buses and
spare parts, an electronic public information system and
capital improvements to the Altoona Transportation Center to
Altoona Metro Transit, Pennsylvania.
(49) DuBois/falls creek/sandy township, pennsylvania.--From
funds provided under section 3(k)(1)(C) of the Federal
Transit Act, the Secretary shall make available $480,000 for
the purchase of buses and lift-equipped vans for the DuBois/
Falls Creek/Sandy Township Area Transit Authority,
Pennsylvania.
(50) Tacoma eastern rail.--From funds provided under
section 3(k)(1)(B) of the Federal Transit Act, the Secretary
shall make available $4,000,000 to the city of Tacoma,
Washington, for the Tacoma Eastern Rail project from Tacoma
to Ashford.
(51) Pittsburgh busway.--From funds provided under section
3(k)(1)(B) of the Federal Transit Act, the Secretary shall
make available $5,036,000 for the Pittsburgh Busway project.
(52) Illinois bus projects.--From funds provided under
section 3(k)(1)(C) of the Federal Transit Act, the Secretary
shall make available $5,000,000 for the purchase of buses in
Peoria, Champaign-Urbana, Rockford, PACE in the suburban area
of Chicago, and other nonurbanized area systems in Illinois.
(53) Southwest brooklyn transit station and track
improvement project.--From funds provided under section
3(k)(1)(A) of the Federal Transit Act, and before formula
distribution of funds under such section, the Secretary shall
make available $4,000,000 to make station and track
improvements in Southwest Brooklyn, New York.
(54) Wisconsin bus projects.--From funds provided under
section 3(k)(1)(C) of the Federal Transit Act, the Secretary
shall make
[[Page 925]]
available $2,600,000 for the purchase of buses, vans, and
bus-related facilities to the State of Wisconsin.
(y) 1996 Olympic and Para-Olympic Bus Grants.--From funds
provided under section 3(k)(1)(C) of the Federal Transit Act
in fiscal year 1995, the Secretary shall transfer $16,000,000
to the program being carried out under section 9 of such Act
to make available $10,400,000 in capital and operating grants
for the 1996 Olympic and Para-Olympic games and $5,600,000 in
capital and operating grants for the 1996 Para-Olympic games.
The Federal share of such grants shall be 100 percent.
(z) CALSTART Consortium.--From funds provided under section
3(k)(1)(C) of the Federal Transit Act, the Secretary shall
make available $5,000,000 to the CALSTART Consortium to
perform the services described in section 6071(c) of the
Intermodal Surface Transportation Efficiency Act of 1991.
SEC. 123. MULTIYEAR CONTRACT FOR METRO RAIL PROJECT.
(a) In General.--Section 3034 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2126-2129)
is amended--
(1) in subsection (b)(3)(A) by striking ``$695,000,000''
and inserting ``$720,000,000'';
(2) by adding at the end of subsection (e)(3) the
following:
``(D) Scope.--The amended contract under subparagraph (A)
shall provide Federal assistance for the design and
construction of an interim operable segment of the East Side
Extension, consisting of a line running generally east from
Union Station of approximately 3.7 miles in length or in
accordance with the East Side Extension locally preferred
alternative, when approved by the Board of the Los Angeles
County Metropolitan Transportation Authority.
``(E) Funding.--The $25,000,000 increase in authorization
provided for Minimum Operable Segment-3 under the National
Highway System Designation Act of 1994 shall be made
available by the Secretary for funding the scope of the East
Side Extension described in subparagraph (D). These funds
shall be in addition to the amounts provided for the East
Side Extension in the contract executed in May 1993 pursuant
to subsection (b) of this section.''.
(b) Definitions.--Section 3034(i)(3) of such Act is
amended--
(1) by striking ``7 stations'' and inserting ``12
stations'';
(2) by striking ``11.6'' and inserting ``15.4''; and
(3) by striking subparagraph (C) and inserting the
following:
``(C) One line, known as the East Side Extension locally
preferred alternative, running generally east from Union
Station for approximately 6.8 miles to the Whittier/Atlantic
Station, with 6 intermediate stations.''.
SEC. 124. METRIC SYSTEM SIGNING.
(a) Placement of Signs.--Before September 30, 1997, the
Secretary may not require the States to expend any Federal or
State funds to construct, erect, or otherwise place any sign
relating to any speed limit, distance, or other measurement
on any highway for the purpose of having such sign establish
such speed limit, distance, or other measurement using the
metric system.
(b) Modification of Signs.--Before September 30, 1997, the
Secretary may not require the States to expend any Federal or
State funds to modify any sign relating to any speed limit,
any distance, or other measurement on any highway for the
purpose of having such sign establish such speech limit,
distance, or measurement using the metric system.
(c) Definitions.--For purposes of subsections (a) and (b),
the following definitions apply:
(1) Highway.--The term ``highway'' has the meaning such
term has under section 101 of title 23, United States Code.
(2) Metric system.--The term ``metric system'' has the
meaning the term ``metric system of measurement'' has under
section 4 of the Metric Conversion Act of 1975 (15 U.S.C.
205c).
SEC. 125. METROPOLITAN PLANNING.
Section 134(g)(2)(A) of title 23, United States Code, is
amended by inserting after ``transit,'' the following:
``airport, port, inland waterway,''.
SEC. 126. STATEWIDE PLANNING.
(a) Integrated State Transportation System Facilities.--
Section 135(e) of title 23, United States Code, is amended by
inserting after the first sentence the following: ``The plan
shall, at a minimum, identify transportation facilities
(including major roadways, transit, airport, port, inland
waterway, and multimodal and intermodal facilities) that
should function as an integrated State transportation system,
giving emphasis to those facilities that serve important
national and regional transportation functions.''.
(b) Meeting Funding Needs of International Border Crossing
Communities.--Such section is further amended by inserting
after the first sentence the following: ``The State plan must
consider the special transportation requirements created by
international motor vehicle border crossings if applicable to
such State.''.
SEC. 127. HIGH PRIORITY CORRIDOR FEASIBILITY STUDY.
With amounts available to the Secretary under section
1105(h) of the Intermodal Surface Transportation Efficiency
Act of 1991, the Secretary in cooperation with the States of
Virginia and West Virginia shall conduct a study to determine
the feasibility of establishing a route for the East-West
Transamerica Corridor (designated pursuant to section
1105(c)(3) of such Act) from Beckley, West Virginia,
utilizing a corridor entering Virginia near the city of
Covington then moving south from the Allegheny Highlands to
serve Roanoke and continuing east to Lynchburg. From there
such route would continue across Virginia to the Hampton
Roads-Norfolk area.
SEC. 128. REEVALUATION.
(a) Initiation.--After completion of current construction
on Interstate Route 10 and Gessner Road, Texas, the Secretary
shall initiate a reevaluation in consultation with State and
local officials of--
(1) a proposed exit ramp from the Sam Houston Tollway
eastbound direct connector to the eastbound Interstate Route
10 frontage road between Beltway 8 and Gessner Road; and
(2) a proposed entrance ramp from the westbound Interstate
Route 10 frontage road between Gessner Road and Beltway 8 to
the westbound direct connector to the Sam Houston Tollway in
Houston, Harris County, Texas.
(b) Deadline for Decision.--The Secretary shall issue a
decision on the proposed ramps referred to in subsection (a)
within 6 months after completion of the construction referred
to in subsection (a).
SEC. 129. FUNDING.
(a) Study.--The Secretary shall conduct a study of how the
existing Federal-aid highway and transit funding is utilized
by States and metropolitan planning organizations to address
transportation needs.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall transmit to
Congress a report containing the results of the study
conducted under this section.
SEC. 130. NONDIVISIBLE LOADS.
Not later than 30 days after the date of the enactment of
this Act, the Secretary shall institute a rulemaking
proceeding to define the term ``vehicles and loads which
cannot be easily dismantled or divided'' as used in section
127 of title 23, United States Code, including consideration
of a commodity-specific definition of such term. The
Secretary shall complete the proceeding required by this
subsection not later than 270 days after the date of the
enactment of this Act. The Secretary may apply such
regulations to all vehicle loads operating on the National
Highway System if the Secretary determines that it is in the
public interest.
SEC. 131. COMMERCIAL MOTOR VEHICLE ACCIDENTS.
(a) Study.--The Secretary shall conduct a study of methods
to reduce accidents on Federal-aid highways caused by drivers
falling asleep while operating a commercial motor vehicle
used to transport freight.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall transmit to
Congress a report on the results of the study conducted under
subsection (a).
TITLE II--TECHNICAL CORRECTIONS TO ISTEA AND RELATED LAWS
SEC. 201. DEFINITIONS.
Section 101(a) of title 23, United States Code, is amended
by striking the 1st undesignated paragraph of such section
that relates to public lands highways.
SEC. 202. REFERENCES TO DWIGHT D. EISENHOWER SYSTEM OF
INTERSTATE AND DEFENSE HIGHWAYS.
(a) Declaration of Policy.--Section 2 of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat.
1914-1915) is amended--
(1) in the 3d undesignated paragraph by striking ``National
System of'' and inserting ``Dwight D. Eisenhower System of'';
and
(2) in the 7th undesignated paragraph by striking
``Interstate and Defense Highway System'' and inserting
``Dwight D. Eisenhower System of Interstate and Defense
Highways''.
(b) Completion of Interstate System.--Section 1001 of the
Intermodal Surface Transportation Efficiency Act of 1991 (23
U.S.C. 104 note; 105 Stat. 1915-1916) is amended in each of
subsections (a) and (b) by striking ``National''.
(c) Definition of Interstate System in Title 23.--The
undesignated paragraph of section 101(a) of title 23, United
States Code, relating to the Interstate System, is amended by
striking ``National''.
(d) Conforming Amendment to Vehicle Weight Limitations.--
Section 127(a) of title 23, United States Code, is amended by
striking ``National'' each place it appears and inserting
``Dwight D. Eisenhower''.
(e) Vehicle Length Restriction.--Section 411(j) of the
Surface Transportation Assistance Act of 1982 (49 U.S.C. App.
2311(j)) is amended in each of paragraphs (1), (5)(D), and
(6)(A) by striking ``National'' and inserting ``Dwight D.
Eisenhower''.
(f) Longer Combination Vehicle Defined.--Section 4007(f) of
the Intermodal Surface Transportation Efficiency Act of 1991
(105 Stat. 2153) is amended by striking ``National'' and
inserting ``Dwight D. Eisenhower''.
(g) Commemoration.--Section 6012 of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 101 note;
105 Stat. 2180-2181) is amended--
(1) in the section heading by striking ``national''; and
(2) in subsection (a) by striking ``National''.
SEC. 203. FEDERAL-AID SYSTEMS.
(a) Interstate System.--Section 103(e)(1) of title 23,
United States Code, is amended by striking the next to the
last sentence.
(b) Substitute Projects.--Section 103(e)(4) of such title
is amended--
[[Page 926]]
(1) in the last sentence of subparagraph (B) by striking
``projects on the Federal-aid secondary system'' and
inserting ``surface transportation program projects'';
(2) in subparagraph (G) by inserting ``and'' before
``$240,000,000''; and
(3) in subparagraph (J)(i) by inserting a comma after
``October 1, 1991''.
SEC. 204. APPORTIONMENT.
(a) Set-Aside.--Section 104(a) of title 23, United States
Code, is amended--
(1) by striking ``for the Federal-aid systems'' and
inserting ``for this chapter''; and
(2) by striking ``upon the Federal-aid systems'' and
inserting ``under this chapter''.
(b) Cross Reference to Interstate Construction Period of
Availability.--Section 104(b)(5)(A) of such title is amended
by striking ``118(b)(2)'' and inserting ``118(b)(1)''.
(c) Technical Amendment.--Section 104(b)(5)(B) of such
title is amended by striking the comma following ``1984''
each place it appears.
(d) Repeal of Urban System Apportionment.--Section
104(b)(6) of such title is repealed.
(e) Planning Set-Aside.--Section 104(f)(3) of such title is
amended by striking ``(j)''.
(f) Transferability Among Safety and Bridge Programs.--
Section 104(g) of such title is amended by striking ``Not
more than'' and all that follows through ``any other of such
sections'' the second place it appears and inserting the
following: ``Not more than 40 percent of the amount which is
apportioned in any fiscal year to each State under section
144 or which is reserved for such fiscal year under section
133(d)(1) only for carrying out section 130 or 152 may be
transferred from the apportionment under section 144 or one
of the reservations under section 133(d)(1) to the
apportionment or reservation under such other section if such
a transfer is requested by the State highway department and
is approved by the Secretary as being in the public interest.
The Secretary may approve the transfer of 100 percent of the
apportionment under section 144 or one of the reservations
under section 133(d)(1) to the apportionment or reservation
under such other section''.
SEC. 205. PROGRAMS OF PROJECTS.
(a) Repeal of Requirement.--Section 105 of title 23, United
States Code, and the item relating to such section in the
analysis for chapter 1 of such title are each repealed.
(b) Conforming Amendments.--Section 106(a) of such title is
amended--
(1) by striking ``, as soon as practicable after program
approval,''; and
(2) by striking ``included in an approved program''.
(c) Priority for High Priority Segments of Corridors of
National Significance.--Section 1105(g)(7) of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat.
2036) is amended to read as follows:
``(7) Priority for high priority segments of corridors of
national significance.--In selecting projects for inclusion
in a plan or program under chapter 1 of title 23, United
States Code, a State may give priority to high priority
segments of corridors identified under subsection (c) of this
section.''.
SEC. 206. ADVANCE ACQUISITION OF RIGHTS-OF-WAY.
(a) Interstate System.--Section 107(a)(2) of title 23,
United States Code, is amended by striking ``subsection (c)''
and inserting ``subsection (a)''.
(b) Apportioned Funds.--Section 108(a) of such title is
amended--
(1) by striking ``on any Federal-aid highway'' and
inserting ``for any project eligible for assistance under
this chapter'';
(2) by striking ``on such highway'' and inserting ``on such
project''; and
(3) by striking ``a road'' and inserting ``the project''.
(c) Right-of-Way Revolving Fund Funds.--Section 108(c) of
such title is amended--
(1) in paragraph (2) by striking ``highways and passenger
transit facilities on any Federal-aid system'' and inserting
``any project eligible for assistance under this chapter'';
and
(2) in paragraph (3) by striking ``such project for the
actual construction'' and all that follows through
``Secretary'' the last place it appears and inserting
``actual construction of such project on rights-of-way with
respect to which funds are advanced under this subsection,
whichever shall occur first, the right-of-way revolving fund
shall be credited with an amount equal to the Federal share
of the funds advanced, as provided in section 120 of this
title, out of any funds apportioned under this chapter to the
State in which such project is located and available for
obligation for such projects and the State shall reimburse
the Secretary''.
(d) Early Acquisition.--Section 108(d)(2)(F) of such title
is amended by striking ``this Act'' and inserting ``this
title''.
SEC. 207. STANDARDS.
Section 109 of title 23, United States Code, is amended--
(1) in subsection (h) by striking ``Federal-aid system''
and inserting ``Federal-aid highway''; and
(2) in subsection (q) by striking ``under sections'' and
inserting ``under section''.
SEC. 208. LETTING OF CONTRACTS.
Section 112(g) of title 23, United States Code, relating to
applicability to contracts for projects on the secondary
system, as redesignated by section 103(c) of this Act, is
repealed.
SEC. 209. PREVAILING RATE OF WAGE.
Section 113 of title 23, United States Code, is amended--
(1) in subsection (a) by striking ``highway projects on''
and all that follows through ``authorized under'' and
inserting ``highway projects on Federal-aid highways
authorized under'';
(2) in subsection (a) by striking ``upon the Federal-aid
systems,'' and inserting ``on Federal-aid highways,''; and
(3) in subsection (b) by striking ``of the Federal-aid
systems'' and inserting ``Federal-aid highway''.
SEC. 210. CONSTRUCTION.
Section 114 of title 23, United States Code, is amended--
(1) in subsection (a) by striking ``highways or portions of
highways located on a Federal-aid system'' and inserting
``Federal-aid highway or portion thereof'';
(2) in subsection (b)(1) by striking ``highways or portions
of highways located on a Federal-aid system'' and inserting
``a Federal-aid highway or portion thereof''; and
(3) in subsection (b)(3) by striking ``highways or portions
of highways located on a Federal-aid system'' and inserting
``any Federal-aid highway or portion thereof''.
SEC. 211. ADVANCE CONSTRUCTION.
Section 115 of title 23, United States Code, is amended--
(1) in subsection (a)(2) by striking ``Plans,
specifications,'' and inserting ``Project approval''; and
(2) in subsection (c) by striking ``134,'' and the second
comma after ``144''.
SEC. 212. MAINTENANCE.
Section 116 of title 23, United States Code, is amended--
(1) by inserting ``highway'' before ``project'' the first
place it appears in each of subsections (a) and (c);
(2) in subsection (a) by striking ``no longer constitutes a
part of a Federal-aid system'' and inserting ``is no longer a
Federal-aid highway''; and
(3) in subsection (b) by striking ``the Federal-aid
secondary system'' and inserting ``a Federal-aid highway''.
SEC. 213. CERTIFICATION ACCEPTANCE.
Section 117 of title 23, United States Code, is amended--
(1) in subsection (e) by striking ``2000(d)'' and inserting
``2000d''; and
(2) by striking subsection (f), relating to discharge of
the Secretary's responsibilities with respect to the
secondary system.
SEC. 214. AVAILABILITY OF FUNDS.
(a) Period of Availability.--Section 118(b)(1) of title 23,
United States Code, is amended--
(1) in the first sentence by striking ``Interstate
construction in a State'' and inserting ``completion of the
Interstate System in a State''; and
(2) in the second sentence by inserting ``for completion of
the Interstate System'' after ``shall be allocated''.
(b) Set-Aside for Interstate Construction Projects.--
Section 118(c)(1) of such title is amended by striking the
period at the end of the first sentence and all that follows
through the period at the end of the second sentence and
inserting ``for obligation at the discretion of the Secretary
for projects to complete the Interstate System.''.
(c) Set-Aside for 4R Projects.--Section 118(c)(2) of such
title is amended by inserting ``of'' after ``$64,000,000 for
each''.
SEC. 215. FEDERAL SHARE.
(a) Interstate System Projects.--Section 120(a) of title
23, United States Code, is amended by inserting before
``including a project'' the following: ``including a project
the cost for which is included in the 1991 interstate cost
estimate and''.
(b) Safety Projects.--Section 120(c) of such title is
amended by striking ``for all the Federal-aid systems''.
(c) Emergency Relief.--The first sentence of section 120(e)
of such title is amended--
(1) by striking ``system, including'' and inserting ``,
including a highway on'';
(2) by striking ``on a project on such system'';
(3) by striking ``and (c)'' and inserting ``and (b)''; and
(4) by striking ``90 days'' and inserting ``180 days''.
(d) Planning Projects.--Section 120 of such title is
amended by adding at the end the following new subsection:
``(j) Planning Projects.--The Federal share payable on
account of any project to be carried out with funds set aside
under section 104(f) of this title shall be 80 percent of the
costs thereof unless the Secretary determines that the
interest of the Federal-aid highway program would best be
served by decreasing or eliminating the non-Federal share of
such costs.''.
(e) Conforming Amendment.--Section 208(2) of the
Demonstration Cities and Metropolitan Development Act of 1966
(42 U.S.C. 3338(2)) is amended by striking ``section 120(a)
of title 23, United States Code;''.
SEC. 216. PAYMENT TO STATES FOR CONSTRUCTION.
Section 121 of title 23, United States Code, is amended--
(1) in subsection (b) by striking ``After'' and inserting
``Except as otherwise provided in this title, after''; and
(2) in subsection (c) by striking ``Federal-aid system''
and inserting ``Federal-aid highway''.
SEC. 217. RELOCATION OF UTILITY FACILITIES.
Section 123(a) of title 23, United States Code, is
amended--
(1) by striking ``on any Federal-aid system'' and inserting
``eligible for assistance under this chapter''; and
[[Page 927]]
(2) by striking the last sentence.
SEC. 218. ADVANCES TO STATES.
Section 124(a) of title 23, United States Code, is amended
by striking ``projects on any of the Federal-aid systems,
including the Interstate System, he'' and inserting ``a
project eligible for assistance under this title, the
Secretary''.
SEC. 219. EMERGENCY RELIEF.
(a) Technical Amendment.--The first sentence of section
125(b) of title 23, United States Code, is amended by
striking all preceding ``Provided'' and inserting the
following: ``The Secretary may expend funds from the
emergency fund herein authorized for projects for repair or
reconstruction on Federal-aid highways in accordance with the
provisions of this chapter:''.
(b) Conforming Amendments.--Section 125(b) of such title is
further amended--
(1) by striking ``authorized'' in the second sentence and
all that follows through the period at the end of such
sentence and inserting ``authorized on Federal-aid
highways.''; and
(2) by striking ``the Disaster Relief and Emergency
Assistance Act (Public Law 93-288)'' and inserting ``The
Robert T. Stafford Disaster Relief and Emergency Assistance
Act''.
SEC. 220. APPLICABILITY OF AXLE WEIGHT LIMITATIONS.
(a) Wisconsin State Route 78 and United States Route 51.--
Section 127 of title 23, United States Code, is amended by
adding at the end the following new subsection:
``(f) Operation of Certain Specialized Hauling Vehicles on
Certain Wisconsin Highways.--If the 104-mile portion of
Wisconsin State Route 78 and United States Route 51 between
Interstate Route 94 near Portage, Wisconsin, and Wisconsin
State Route 29 south of Wausau, Wisconsin, is designated as
part of the Interstate System under section 139(a) of title
23, United States Code, the single axle, tandem axle, gross
vehicle weight, and bridge formula limits set forth in
subsection (a) shall not apply to the operation on such 104-
mile portion of any vehicle which could legally operate on
such 104-mile portion before the date of the enactment of
this subsection.''.
(b) Vehicle Weight Limitations in the State of Ohio.--
(1) Review.--The Secretary of Transportation shall review
the Federal and State commercial motor vehicle weight
limitations applicable to Federal-aid highways in the State
of Ohio.
(2) Waiver authority.--If the Secretary of Transportation
determines, on the basis of the review conducted under
paragraph (1), that it is in the public interest, the
Secretary may waive application of the vehicle weight
limitations of section 127(a) of title 23, United States
Code, and of the State certification requirements of sections
141(b) and 141(c) of such title, in whole or in part, to
highways on the Dwight D. Eisenhower System of Interstate and
Defense Highways in the State of Ohio for short wheel-base
vehicles for such period as the Secretary determines may be
necessary to permit a reasonable period of depreciation for
short wheel-base vehicles purchased before October 1, 1991.
(3) Moratorium on withholding of funds.--Until the
Secretary of Transportation makes a determination relating to
the public interest under paragraph (2), the Secretary shall
not withhold funds under section 127(a) or 141(c) of title
23, United States Code, from apportionment to the State of
Ohio for failure to comply with such section with respect to
short wheel-base vehicles.
(c) Technical Amendments.--Section 127 of title 23, United
States Code, is amended--
(1) in subsection (a) by striking ``118(b)(1)'' and
inserting ``118(b)(2)''; and
(2) in subsection (d)(1)(E) by striking ``July 5, 1991''
and inserting ``July 6, 1991''.
SEC. 221. TOLL ROADS.
(a) Use of Revenues.--Section 129(a)(3) of title 23, United
States Code, is amended by striking ``all toll revenues
received'' and all that follows through the period at the end
of the first sentence and inserting the following: ``toll
revenues received from operation of the toll facility will be
used for financing and any other obligations in respect of
the facility, for reserves, for reasonable return to
investors financing the project (as determined by the State),
and for the costs necessary for the proper operation and
maintenance of the toll facility, including reconstruction,
resurfacing, restoration, and rehabilitation.''.
(b) Reference to Federal-Aid Highways.--The last sentence
of section 129(a)(4) of such title is amended by striking
``the Federal-aid system'' and inserting ``Federal-aid
highways''.
(c) Loans.--Section 129(a)(7) of such title is amended--
(1) by inserting ``or commit to loan'' after ``loan'' the
first place it appears;
(2) by striking ``agency'' each place it appears and
inserting ``entity'';
(3) by inserting after ``constructing'' the first place it
appears ``or proposing to construct'';
(4) by striking ``all Federal environmental requirements
have been complied with and permits obtained'' and inserting
``the National Environmental Policy Act of 1969 has been
complied with'';
(5) by inserting ``to a private entity'' after ``Any such
loan'';
(6) by inserting after the fifth sentence the following new
sentence: ``Any such loan to a public entity shall bear
interest at such rate as the State determines appropriate.'';
and
(7) by striking ``the time the loan was obligated'' and
inserting ``the date of the initial funding of the loan''.
(d) Construction of Ferry Boats and Ferry Terminal
Facilities.--Section 129 of such title is amended--
(1) in the first sentence of subsection (b) by striking
``the route of which'' and all that follows through the
period at the end of such sentence and inserting ``the route
of which has been classified as a public road and has not
been designated as a route on the Interstate System.''; and
(2) in subsection (c)(4) by striking ``and'' preceding
``repair''.
(e) Pilot Program.--Section 129(d) of such title is
amended--
(1) in each of paragraphs (1) and (3) by striking ``7'' and
inserting ``9'';
(2) in paragraph (3) by striking ``State of Pennsylvania''
each place it appears and inserting ``States of Pennsylvania
and West Virginia''; and
(3) in paragraph (3) by inserting ``the'' before ``State of
Georgia''.
(f) Treatment of Centennial Bridge, Rock Island, Illinois,
Agreement.--For purposes of section 129(a)(6) of title 23,
United States Code, the agreement concerning the Centennial
Bridge, Rock Island, Illinois, entered into under the Act
entitled ``An Act authorizing the city of Rock Island,
Illinois, or its assigns, to construct, maintain, and operate
a toll bridge across the Mississippi River at or near Rock
Island, Illinois, and to a place at or near the city of
Davenport, Iowa'', approved March 18, 1938 (52 Stat. 110),
shall be treated as if such agreement had been entered into
under section 129 of title 23, United States Code, as in
effect on December 17, 1991, and may be modified accordingly.
(g) Treatment of I-95 and Pennsylvania Turnpike.--For
purposes of section 129 of title 23, United States Code, the
project for construction of an interchange between Interstate
Route 95 and the Pennsylvania Turnpike shall be treated as a
reconstruction project described in section 129(a)(1)(B) of
such title.
SEC. 222. RAIL-HIGHWAY CROSSINGS.
Section 130 of title 23, United States Code, is amended--
(1) in subsection (a) by striking ``Except as provided in
subsection (d) of'' and inserting ``Subject to'';
(2) in subsection (a) by striking ``entire'' each place it
appears;
(3) in subsection (a) by striking ``except as provided in
subsection (d) of'' and inserting ``subject to'';
(4) in subsection (e) by striking ``authorized for and'';
(5) in subsection (e) by striking the last sentence;
(6) by striking subsection (f) and redesignating
subsections (g) and (h) as subsections (f) and (g),
respectively; and
(7) in subsection (f) as so redesignated by striking
``railroad highway'' and inserting ``railroad-highway''.
SEC. 223. SURFACE TRANSPORTATION PROGRAM.
(a) State Certification.--Section 133 of title 23, United
States Code, is amended--
(1) in subsection (c) by striking ``subsections (b) (3) and
(4)'' and inserting ``subsections (b)(3) and (b)(4)'';
(2) in subsection (d)(3)(B) by striking ``tobe'' and
inserting ``to be''; and
(3) in subsection (e)(2) by inserting after ``each State''
the following: ``or the designated transportation authority
of the State''.
(b) Technical Amendment.--Section 1007(b)(1) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat. 1930) is amended--
(1) by striking ``104(b)(3)'' and inserting ``104(b)''; and
(2) by striking ``to read as follows'' and inserting ``by
inserting after paragraph (2) the following new paragraph''.
SEC. 224. METROPOLITAN PLANNING.
(a) Technical Amendments.--Section 134 of title 23, United
States Code, is amended--
(1) in each of subsections (b)(2), (b)(3), and (h)(4) by
striking ``the date of the enactment of this section'' and
inserting ``December 18, 1991'';
(2) in each of subsections (b)(3)(B) and (g)(2)(B) by
striking ``long-range'' and inserting ``long range'';
(3) in subsection (f)(11) by inserting ``passengers and''
before ``freight'';
(4) in subsection (g)(5) by redesignating subparagraphs (i)
and (ii) as subparagraphs (A) and (B); and
(5) in subsection (k) by striking ``the Federal-Aid Highway
Act of 1991'' and inserting ``this title''.
(b) Factors To Be Considered.--Section 134(f) of such title
is amended by adding at the end the following new paragraphs:
``(16) Recreational travel and tourism.
``(17) Revitalization of the central urban core.''.
(c) Transfer of Funds.--Section 134(k) of such title is
amended by striking the last sentence.
(d) Conforming Chapter Analysis Amendment.--The analysis
for chapter 1 of such title is amended by striking
``134. Transportation planning in certain urban areas.''
and inserting
``134. Metropolitan planning.''.
SEC. 225. STATEWIDE PLANNING.
Section 135 of title 23, United States Code, is amended--
(1) in subsection (c) by striking paragraph (1) and
inserting the following new paragraph:
[[Page 928]]
``(1) The transportation needs identified through use of
the management systems required by section 303 of this
title.'';
(2) in subsection (c)(5) by inserting after
``nonmetropolitan areas'' the following: ``, including the
identification of a rural priority local road and bridge
system,'';
(3) in subsection (c) by striking paragraph (15) and
redesignating paragraphs (16) through (20) as paragraphs (15)
through (19), respectively;
(4) in subsection (c)(18), as so redesignated, by striking
``commercial motor vehicles'' and inserting ``passengers and
freight'';
(5) in subsection (d)(3) by striking ``concerns'' and
inserting ``transportation needs'';
(6) in each of subsections (e) and (f)(1) by inserting
``Indian tribal governments,'' after ``private providers of
transportation,''; and
(7) in subsection (h)--
(A) by striking ``United States Code,'' and inserting
``other Federal laws, and'';
(B) by striking ``this Act'' and inserting ``this title'';
and
(C) by striking ``or section 8 of such Act,'' and inserting
``of this title, or section 8 of the Federal Transit Act,''.
SEC. 226. CONTROL OF JUNKYARDS.
(a) Stricter State Standards.--Section 136(l) of title 23,
United States Code, is amended by striking ``the Federal-aid
highway systems'' and inserting ``Federal-aid highways''.
(b) Primary System Defined.--Section 136 of such title is
amended by adding at the end the following new subsection:
``(n) Primary System Defined.--For purposes of this
section, the term `primary system' means the Federal-aid
primary system in existence on June 1, 1991, and any highway
which is not on such system but which is on the National
Highway System.''.
SEC. 227. NONDISCRIMINATION.
(a) State Assurances.--Section 140(a) of title 23, United
States Code, is amended by striking ``any of the Federal-aid
systems'' and inserting ``Federal-aid highways''.
(b) Training.--Section 140(b) of such title is amended--
(1) by striking ``for the surface transportation program'';
and
(2) by striking ``the bridge program''.
SEC. 228. ENFORCEMENT OF REQUIREMENTS.
Section 141(b) of title 23, United States Code, is amended
by striking ``the Federal-aid primary system'' and all that
follows through ``including'' and inserting ``Federal-aid
highways, including highways on''.
SEC. 229. AVAILABILITY OF RIGHTS-OF-WAY.
Section 142 of title 23, United States Code, is amended--
(1) in subsection (a)(2) by striking ``the surface'' and
inserting ``surface''; and
(2) in subsection (f) by striking ``exits'' and inserting
``exists''.
SEC. 230. HIGHWAY BRIDGE PROGRAM.
(a) Set-Asides.--Section 144(g) of title 23, United States
Code, is amended--
(1) in paragraph (1) by striking ``103'' and inserting
``1003'';
(2) in paragraph (3) by striking ``Off-system bridges'' and
inserting ``Bridges not on federal-aid highways'';
(3) in paragraph (3) by striking ``, other than those on a
Federal-aid system'' and inserting ``that are functionally
classified as local or rural minor collectors''; and
(4) in paragraph (3) by striking ``bridges not on a
Federal-aid system'' and inserting ``such bridges''.
(b) Cross Reference.--Section 144(i) of such title is
amended by striking ``307(e)'' and inserting ``307(h)''.
(c) Continuation of Existing Bridge Apportionment
Criteria.--The criteria for apportionment of funds used by
the Department of Transportation under section 144 of title
23, United States Code, as in effect on September 30, 1991,
shall remain in effect until September 30, 1997, or until
changed by law, whichever occurs first.
SEC. 231. GREAT RIVER ROAD.
Section 148(a)(1) of title 23, United States Code, is
amended by striking ``centers of the State'' and inserting
``centers of the States''.
SEC. 232. HAZARD ELIMINATION PROGRAM.
Section 152 of title 23, United States Code, is amended--
(1) in subsection (c) by striking ``authorized'' and
inserting ``available''; and
(2) by striking subsections (d) and (e) and redesignating
subsections (f), (g), and (h) as subsections (d), (e), and
(f), respectively.
SEC. 233. USE OF SAFETY BELTS AND MOTORCYCLE HELMETS.
(a) Reference to Date of Enactment.--Section 153 of title
23, United States Code, is amended--
(1) in subsection (c) by striking ``the date of the
enactment of this section'' and inserting ``December 31,
1991''; and
(2) in subsection (i)(3) by striking ``the date of the
enactment of this section'' and inserting ``December 31,
1991,''.
(b) Eligibility for Grants.--Section 153(f)(2) of such
title is amended by striking ``at all times'' each place it
appears.
(c) Penalties.--Section 153(h) of such title is amended--
(1) in paragraph (1) by striking ``at any time in'' and
inserting ``by the last day of'';
(2) in paragraph (2) by inserting ``by the last day of
fiscal year 1995 or'' after ``If,'';
(3) in paragraph (2) by striking ``1994,'' and inserting
``1995,''; and
(4) in paragraph (4)(A) by striking ``under section 402''
and inserting ``by this subsection''.
(d) Definitions.--Section 153(i) of such title is amended
by adding at the end the following new paragraph:
``(5) State.--The term `State' has the meaning such term
has under chapter 4 of this title.''.
SEC. 234. NATIONAL MAXIMUM SPEED LIMIT.
(a) Existing Program.--Section 154(a)(1) of title 23,
United States Code, is amended by striking ``on the
Interstate System'' and all that follows through ``or more''
and inserting ``described in clause (2) or (3) of this
subsection''.
(b) New Program.--Section 1029 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 1968-1970)
is amended--
(1) in subsection (c)(1)(A) by inserting ``of a State''
after ``apportionments'';
(2) in subsection (c)(1)(A) by striking ``if a State'' and
inserting ``to the apportionment of the State under section
402 of such title if the State'';
(3) in subsection (c) by redesignating paragraphs (2) and
(3) as paragraphs (3) and (4), respectively; and
(4) by inserting after paragraph (1) of subsection (c) the
following new paragraph:
``(2) Limitation on use of funds.--
``(A) General rule.--A State must obligate at least 50
percent of its funds transferred pursuant to this subsection
for a fiscal year for speed limit enforcement and public
information and education.
``(B) Waiver.--Upon request of a State, the Secretary may
waive the requirement of subparagraph (A) for any fiscal year
if in the preceding fiscal year the State was in compliance
with the speed limit requirements established pursuant to
paragraph (1).''.
SEC. 235. MINIMUM ALLOCATION.
Section 157 of title 23, United States Code, is amended--
(1) in subsection (a)(2) by striking ``118(b)(2)'' and
inserting ``118(b)(1)'';
(2) in subsection (a)(3)(A) by striking ``year 1989'' and
inserting ``years 1989''; and
(3) by striking subsection (c) and redesignating
subsections (d) and (e) as subsections (c) and (d),
respectively.
SEC. 236. NATIONAL MINIMUM DRINKING AGE.
Section 158 of title 23, United States Code, is amended--
(1) in subsection (a) by striking ``104(b)(5), and
104(b)(6)'' each place it appears and inserting ``104(b)(3),
and 104(b)(5)'';
(2) in subsection (b)(1)(A)(iii) by striking ``104(b)(6)''
and inserting ``104(b)(3)'';
(3) in subsection (b)(3)(B) by striking ``104(b)(5)(B), or
104(b)(6)'' and inserting ``104(b)(3), or 104(b)(5)(B)''; and
(4) in each of subsections (b)(3) and (b)(4) by striking
``118(b)'' and inserting ``118''.
SEC. 237. REVOCATION OF DRIVERS' LICENSES OF INDIVIDUALS
CONVICTED OF DRUG OFFENSES.
Section 159 of title 23, United States Code, is amended in
each of subsections (b)(3) and (b)(4) by striking ``118(b)''
and inserting ``118''.
SEC. 238. REIMBURSEMENT FOR SEGMENTS OF INTERSTATE SYSTEM
CONSTRUCTED WITHOUT FEDERAL ASSISTANCE.
Section 160 of title 23, United States Code, is amended--
(1) in subsection (b) by striking ``The amount'' and
inserting ``Subject to subsection (g), the amount''; and
(2) by adding at the end the following new subsection:
``(g) Puerto Rico.--Notwithstanding any other provision of
this section, Puerto Rico shall receive in a fiscal year \1/
2\ of 1 percent of the amounts appropriated pursuant to
subsection (f) for such fiscal year. No State (including the
District of Columbia) which has a reimbursement percentage in
the table contained in subsection (c) of 0.50 shall have its
reimbursement amount in fiscal years 1996 and 1997 reduced as
a result of the enactment of the preceding sentence.''.
SEC. 239. FEDERAL LANDS HIGHWAY PROGRAM.
(a) Public Lands Highways Allocation.--Section 202(b) of
title 23, United States Code, is amended by striking ``66
percent of the remainder'' and inserting ``the remaining 66
percent''.
(b) Availability of Funds.--Section 203 of such title is
amended by striking the comma preceding ``forest
development'' each place it appears.
(c) Purposes for Which Funds May Be Used.--Section 204(b)
of such title is amended--
(1) by striking ``construction and improvement'' each place
it appears and inserting ``planning, research, engineering,
and construction''; and
(2) by striking ``construction or improvement'' and
inserting ``planning, research, engineering, or
construction''.
(d) Approval of Indian Reservation Road Projects.--Section
204(c) of such title is amended by inserting ``of'' after
``15 percent''.
(e) Indian Reservation Roads Planning.--The first sentence
of section 204(j) of such title is amended to read as
follows: ``An Indian tribal government receiving funds under
the Indian reservation roads program may use up to 10 percent
of its annual allocation under such program for
transportation planning activities pursuant to the provisions
of the Indian Self-Determination and Education Assistance
Act.''.
(f) Obligation of Funds.--Section 204 of such title is
amended by adding at the end the following new subsection:
``(k) Obligation of Funds.--Notwithstanding any other
provision of law, funds available for Federal lands highway
programs shall be treated as obligated if--
``(1) the Secretary authorizes engineering and related work
for a particular project; or
``(2) the Secretary approves plans, specifications, and
estimates for procurement of
[[Page 929]]
construction under section 106 or 117 of this title.''.
(g) Set-Aside for Administrative Expenses of Indian
Tribes.--Section 204 of such title is further amended by
adding at the end the following:
``(l) Set-Aside for Administrative Expenses of Indian
Tribes.--
``(1) In general.--Up to 1 percent of the funds made
available for Indian reservation roads for each fiscal year
shall be set aside by the Secretary of the Interior for
transportation-related administrative expenses of Indian
tribal governments.
``(2) Distribution.--The Secretary of the Interior shall
make available to each Indian tribal government with an
approved application under paragraph (3) an equal percentage
of any sum set aside pursuant to paragraph (1).
``(3) Applications.--To receive funds under this paragraph,
an Indian tribal government must submit to the Secretary of
the Interior for approval an application in accordance with
the requirements of the Indian Self-Determination and
Education Assistance Act. The Secretary of the Interior shall
approve any such application that demonstrates that the
applicant has the capability to carry out transportation
planning activities or is in the process of establishing such
a capability.''.
(h) Transportation Enhancement Activities.--Section 204 of
such title is further amended by adding at the end the
following:
``(m) Transportation Enhancement Activities.--In making
expenditures for transportation enhancement activities as
required under section 133, a State shall consider any
application submitted to the State by an Indian tribal
government seeking assistance to conduct such activities.''.
(i) Approval of Indian Reservation Road Projects by the
Secretary.--Section 204 of such title is further amended by
adding at the end the following:
``(n) Approval of Indian Reservation Road Projects by the
Secretary.--
``(1) Establishment of pilot program.--The Secretary shall
establish a pilot program (hereinafter in this subsection
referred to as the `program') for the purposes described in
paragraph (2) and shall carry out such program in each of
fiscal years 1995, 1996, and 1997.
``(2) Purpose.--The purpose of the program shall be to
permit an Indian tribal government to apply directly to the
Secretary for authorization to conduct projects on Indian
reservation roads using amounts allocated to the Indian
tribal government under the Indian reservation roads program.
``(3) Treatment as states.--Except as otherwise provided by
the Secretary, an Indian tribal government submitting an
application to the Secretary under the program shall be
subject to the same requirements as a State applying for
approval of a Federal-aid highway project.
``(4) Selection of participants.--
``(A) Applications.--An Indian tribal government seeking to
participate in the program shall submit to the Secretary an
application which is in such form and contains such
information as the Secretary may require.
``(B) Maximum number of participants.--The Secretary shall
select not more than 10 Indian tribal governments to
participate in the program.
``(5) Technical assistance.--The Secretary, in cooperation
with the Secretary of the Interior, shall provide technical
assistance to Indian tribal governments participating in the
program.
``(6) Transitional assistance.--Upon request of the
Secretary, the Secretary of the Interior shall provide to the
Secretary such assistance as may be necessary for
implementation of the program.
``(7) Report.--Not later than September 30, 1997, the
Secretary shall transmit to Congress a report on the results
of the program. In developing such report, the Secretary
shall solicit the comments of Indian tribal governments
participating in the program.''.
(j) Reference to Park Roads.--Section 1003(a)(6)(C) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat. 1919) is amended--
(1) by striking ``highways'' in the subparagraph heading
and inserting ``roads''; and
(2) by striking ``highways'' the place it appears preceding
``$69,000,000'' and inserting ``roads''.
(k) Technical Amendment.--Section 1032(b)(2) (A) of such
Act (105 Stat. 1974) is amended by striking ``improvements''
and inserting ``improvement''.
SEC. 240. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAY.
Section 217 of title 23, United States Code, is amended--
(1) in subsection (b) by inserting ``pedestrian walkways
and'' before ``bicycle transportation facilities'';
(2) in subsection (f) by striking ``and the Federal share''
and all that follows through ``80 percent'';
(3) by redesignating subsection (j) as subsection (k); and
(4) by inserting after subsection (i) the following new
subsection:
``(j) Inclusion of Pedestrian Walkways and Bicycle
Transportation Facilities in Planning.--
``(1) General rule.--The Secretary may not approve under
this chapter a highway project for new construction or
reconstruction within the boundaries of a State along which a
pedestrian walkway or bicycle transportation facility is
required to be included under the State's transportation
improvement plan developed under section 135 unless such
pedestrian walkway or bicycle transportation facility is part
of such highway project.
``(2) Exception.--The Secretary does not have to approve a
project for construction of a pedestrian walkway or bicycle
transportation facility under paragraph (1)--
``(A) if the Secretary determines that such construction is
not feasible or that use of the walkway or facility would
pose a safety risk to pedestrians or bicyclists, as the case
may be; or
``(B) the Secretary determines that there will be no
substantial transportation or recreation benefit resulting
from the project.''.
SEC. 241. STATE HIGHWAY DEPARTMENT.
Section 302(b) of title 23, United States Code, is amended
by striking ``on the Federal-aid secondary system, financed
with secondary funds,'' and inserting ``not on the National
Highway System''.
SEC. 242. MANAGEMENT SYSTEMS.
Section 303 of title 23, United States Code, is amended in
each of subsections (a) and (b) by striking ``1 year after
the date of the enactment of this section'' and inserting
``December 18, 1992''.
SEC. 243. STATE PLANNING AND RESEARCH.
Section 307 of title 23, United States Code, is amended--
(1) in subsection (c)(1) by striking ``104'' and inserting
``104(b)'';
(2) in subsection (e)(3)(C) by striking ``climactic'' and
inserting ``climatic'';
(3) in subsection (e)(13) by striking the quotation marks
preceding ``$35,000,000'';
(4) in subsection (f)(2) by striking ``section'' the first
place it appears and inserting ``paragraph'';
(5) in the heading to subsection (f)(3) by inserting
``earthquake'' after ``national''; and
(6) in subsection (f)(3) by inserting ``Earthquake'' after
``National''.
SEC. 244. APPROPRIATION FOR HIGHWAY PURPOSES OF FEDERAL
LANDS.
Section 317(d) of title 23, United States Code, is amended
by striking ``system'' and inserting ``highway''.
SEC. 245. INTERNATIONAL HIGHWAY TRANSPORTATION OUTREACH
PROGRAM.
Section 325(a)(5) of title 23, United States Code, is
amended by striking ``the date of the enactment of this
section'' and inserting ``December 18, 1991''.
SEC. 246. HIGHWAY SAFETY PROGRAMS.
(a) In General.--Section 402 of title 23, United States
Code, is amended to read as follows:
``Sec. 402. Highway safety programs
``(a) In General.--Each State shall have a highway safety
program approved by the Secretary which is designed to reduce
traffic accidents and deaths, injuries, and property damage
resulting therefrom.
``(b) Uniform Guidelines.--
``(1) Requirement.--The State highway safety programs
approved under this section shall be in accordance with
uniform guidelines promulgated by the Secretary.
``(2) Performance criteria.--The uniform guidelines shall
be expressed in terms of performance criteria.
``(3) Purposes.--The uniform guidelines shall include, at a
minimum, criteria relating to--
``(A) reducing injuries and deaths resulting from motor
vehicles being driven in excess of posted speed limits;
``(B) encouraging the proper use of occupant protection
devices (including the use of safety belts and child
restraint systems) by occupants of motor vehicles and
increasing public awareness of the benefit of motor vehicles
equipped with airbags;
``(C) reducing deaths and injuries resulting from persons
driving motor vehicles while impaired by alcohol or a
controlled substance;
``(D) reducing deaths and injuries resulting from accidents
involving motorcycles;
``(E) reducing injuries and deaths resulting from accidents
involving school buses; and
``(F) improving law enforcement services in motor vehicle
accident prevention, traffic supervision, and post-accident
procedures.
``(4) Effectiveness determination.--A State highway safety
program relating to a guideline established pursuant to
paragraph (3) shall be considered a most effective program
for purposes of subsection (i) unless the Secretary
determines, after a rulemaking process under subsection (i),
that it should not be so considered and submits a report to
Congress describing the reasons for the determination.
``(5) Additional purposes.--The uniform guidelines may
include provisions to improve driver performance (including
driver education, driver testing to determine proficiency to
operate motor vehicles, driver examinations (both physical
and mental) and driver licensing) and to improve pedestrian
performance and bicycle safety. In addition the uniform
guidelines may include provisions for an effective record
system of accidents (including injuries and deaths resulting
therefrom), accident investigations to determine the probable
causes of accidents, injuries, and deaths, vehicle
registration, operation, and inspection, highway design and
maintenance (including lighting, markings, and surface
treatment), traffic control, vehicle codes and laws,
surveillance of traffic for detection and correction of high
or potentially high accident locations, and emergency
services.
``(6) Applicability to federally administered areas.--The
uniform guidelines which are applicable to State highway
safety pro-
[[Page 930]]
grams shall, to the extent determined appropriate by the
Secretary, be applicable to federally administered areas
where a Federal department or agency controls the highways or
supervises traffic operations.
``(7) Limitation on statutory construction.--Implementation
of a highway safety program under this section shall not be
construed to require the Secretary to require compliance with
every uniform guideline, or with every element of every
uniform guideline, in every State.
``(8) Cooperation in promulgation.--Uniform guidelines
promulgated by the Secretary to carry out this section shall
be developed in cooperation with the States, their political
subdivisions, appropriate Federal departments and agencies,
and such other public and private organizations as the
Secretary deems appropriate.
``(9) Assistance of other federal departments.--The
Secretary may make arrangements with other Federal
departments and agencies for assistance in the preparation of
uniform guidelines for the highway safety programs
contemplated by this subsection and in the administration of
such programs. Such departments and agencies are directed to
cooperate in such preparation and administration, on a
reimbursable basis.
``(c) Requirements for Approval.--
``(1) In general.--The Secretary may not approve a State
highway safety program under this section which does not--
``(A) provide that the Governor of the State shall be
responsible for the administration of the program through a
State highway safety agency which shall have adequate powers
and be suitably equipped and organized to carry out, to the
satisfaction of the Secretary, such program;
``(B) authorize political subdivisions of the State to
carry out local highway safety programs within their
jurisdictions as a part of the State highway safety program
if such local highway safety programs are approved by the
Governor and are in accordance with the uniform guidelines
promulgated by the Secretary under this section;
``(C) except as provided in paragraph (2), provide that at
least 40 percent of all Federal funds apportioned under this
section to the State for any fiscal year will be expended by
the political subdivisions of the State, including Indian
tribal governments, in carrying out local highway safety
programs authorized in accordance with subparagraph (B); and
``(D) provide adequate and reasonable access for the safe
and convenient movement of individuals with disabilities,
including those in wheelchairs, across curbs constructed or
replaced on or after July 1, 1976, at all pedestrian
crosswalks throughout the State.
``(2) Waiver.--The Secretary may waive the requirement of
paragraph (1)(C), in whole or in part, for a fiscal year for
any State whenever the Secretary determines that there is an
insufficient number of local highway safety programs to
justify the expenditure in the State of such percentage of
Federal funds during the fiscal year.
``(3) Use of technology for traffic enforcement.--The
Secretary may encourage States to use technologically
advanced traffic enforcement devices (including the use of
automatic speed detection devices such as photo-radar) by law
enforcement officers.
``(d) Data Collection and Reporting Program.--
``(1) Establishment.--The Secretary shall establish a
highway safety program for the collection and reporting of
data on traffic-related deaths and injuries by the States.
Under such program, the States shall collect and report to
the Secretary such data as the Secretary may require.
``(2) Purposes.--The purposes of the program under this
subsection are to ensure national uniform data on such deaths
and injuries and to allow the Secretary to make
determinations for use in developing programs to reduce such
deaths and injuries and making recommendations to Congress
concerning legislation necessary to implement such programs.
``(3) Program requirements.--The program under this
subsection shall include information obtained by the
Secretary under section 4004 of the Intermodal Surface
Transportation Efficiency Act of 1991 and provide for annual
reports to the Secretary on the efforts being made by the
States in reducing deaths and injuries occurring at highway
construction sites and the effectiveness and results of such
efforts.
``(4) Reporting criteria.--The Secretary shall establish
minimum reporting criteria for the program under this
subsection. Such criteria shall include, but not be limited
to, criteria on deaths and injuries resulting from police
pursuits, school bus accidents, and speeding, on traffic-
related deaths and injuries at highway construction sites and
on the configuration of commercial motor vehicles involved in
motor vehicle accidents.
``(e) Use of Funds.--
``(1) For highway safety programs.--Funds authorized to be
appropriated to carry out this section shall be used to aid
the States to conduct the highway safety programs approved in
accordance with subsection (a), including development and
implementation of manpower training programs, and of
demonstration programs that the Secretary determines will
contribute directly to the reduction of traffic accidents and
deaths and injuries resulting therefrom.
``(2) Administrative expenses.--Funds authorized to be
appropriated to carry out this section shall be subject to a
deduction not to exceed 5 percent for the necessary costs of
administering the provisions of this section, and the
remainder shall be apportioned among the several States under
subsection (f).
``(3) Limitation.--Nothing in this section authorizes the
appropriation or expenditure of funds--
``(A) for highway construction, maintenance, or design
(other than design of safety features of highways to be
incorporated into guidelines); or
``(B) for any purpose for which funds are authorized by
section 403 of this title.
``(f) Apportionment of Funds.--
``(1) Formula.--After the deduction under subsection
(e)(2), the remainder of the funds authorized to be
appropriated to carry out this section shall be apportioned
75 percent in the ratio which the population of each State
bears to the total population of all the States, as shown by
the latest available Federal census, and 25 percent in the
ratio which the public road mileage in each State bears to
the total public road mileage in all States.
``(2) Minimum percentage.--The annual apportionment to each
State shall not be less than \1/2\ of 1 percent of the total
apportionment; except that the apportionments to the Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands shall not be less than \1/4\ of 1
percent of the total apportionment.
``(3) Approved highway safety program.--The Secretary shall
not apportion any funds under this subsection to any State
which is not implementing a highway safety program approved
by the Secretary in accordance with this section.
``(4) Reduction of apportionment.--Funds apportioned under
this section to any State, that does not have a highway
safety program approved by the Secretary or that is not
implementing an approved program, shall be reduced by amounts
equal to not less than 50 percent of the amounts that would
otherwise be apportioned to the State under this section,
until such time as the Secretary approves such program or
determines that the State is implementing an approved
program, as appropriate. The Secretary shall consider the
gravity of the State's failure to have or implement an
approved program in determining the amount of the reduction.
``(5) Apportionment of withheld funds.--The Secretary shall
promptly apportion to the State the funds withheld from its
apportionment if the Secretary approves the State's highway
safety program or determines that the State has begun
implementing an approved program, as appropriate, prior to
the end of the fiscal year for which the funds were withheld.
If the Secretary determines that the State did not correct
its failure within such period, the Secretary shall
reapportion the withheld funds to the other States in
accordance with the formula specified in this subsection not
later than 30 days after such determination.
``(6) Determination of public road mileage.--For the
purposes of this subsection, the term a `public road' means
any road under the jurisdiction of, and maintained by, a
public authority and open to public travel. As used in this
subsection, public road mileage shall be determined as of the
end of the calendar year preceding the year in which the
funds are apportioned and shall be certified to by the
Governor of the State and subject to approval by the
Secretary.
``(g) Applicability of Chapter 1.--
``(1) In general.--Except as otherwise provided in this
subsection, all provisions of chapter 1 of this title that
are applicable to National Highway System highway funds,
other than provisions relating to the apportionment formula
and provisions limiting the expenditure of such funds to the
Federal-aid systems, shall apply to the highway safety funds
authorized to be appropriated to carry out this section.
``(2) Inconsistent provisions.--If the Secretary determines
that a provision of chapter 1 of this title is inconsistent
with this section, such provision shall not apply to funds
authorized to be appropriated to carry out this section.
``(3) Credit for state and local expenditures.--The
aggregate of all expenditures made during any fiscal year by
a State and its political subdivisions (exclusive of Federal
funds) for carrying out the State highway safety program
(other than planning and administration) shall be available
for the purpose of crediting such State during such fiscal
year for the non-Federal share of the cost of any project
under this section (other than one for planning or
administration) without regard to whether such expenditures
were actually made in connection with such project.
``(4) Increased federal share for certain indian tribe
programs.--In the case of a local highway safety program
carried out by an Indian tribe, if the Secretary is satisfied
that an Indian tribe does not have sufficient funds available
to meet the non-Federal share of the cost of such program,
the Secretary may increase the Federal share of the cost
thereof payable under this title to the extent necessary.
``(5) Treatment of term `state highway department'.--In
applying the provisions of chapter 1 of this title in
carrying out this section, the term `State highway
department' as used in such provisions shall mean the
Governor of a State for the purposes of this section.
``(h) Application in Indian Country.--
``(1) In general.--For the purpose of the application of
this section in Indian country, the terms `State' and
`Governor of a State' include the Secretary of the Interior
and the term `political subdivision of a State' includes an
Indian tribe. Notwithstanding the
[[Page 931]]
provisions of subsection (c)(1)(C), 95 percent of the funds
transferred to the Secretary of the Interior under this
section shall be expended by Indian tribes to carry out
highway safety programs within their jurisdictions. The
provisions of subsection (c)(1)(D) shall be applicable to
Indian tribes, except to those tribes with respect to which
the Secretary determines that application of such provisions
would not be practicable.
``(2) Indian country defined.--For the purpose of this
subsection, the term `Indian country' means--
``(A) all land within the limits of any Indian reservation
under the jurisdiction of the United States, notwithstanding
the issuance of any patent, and including rights-of-way
running through the reservation;
``(B) all dependent Indian communities within the borders
of the United States whether within the original or
subsequently acquired territory thereof and whether within or
without the limits of a State; and
``(C) all Indian allotments, the Indian titles to which
have not been extinguished, including rights-of-way running
through such allotments.
``(i) Rulemaking Process.--The Secretary may from time to
time conduct a rulemaking process to determine those highway
safety programs that are most effective in reducing traffic
accidents, injuries, and deaths. Any rule under this
subsection shall be promulgated taking into account
consideration of the views of the States having a major role
in establishing such programs. When a rule promulgated in
accordance with this subsection takes effect, only those
programs established by such rule as most effective in
reducing traffic accidents, injuries, and deaths shall be
eligible to receive Federal financial assistance under this
section.''.
(b) Section 2005.--Section 2005(1) of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat.
2079) is amended--
(1) by striking ``and'' the first place it appears and
inserting a comma; and
(2) by striking ``, 1994,'' and inserting ``and 1994, and
$146,000,000 for each of fiscal years''.
SEC. 247. NATIONAL HIGHWAY SAFETY ADVISORY COMMITTEE.
Section 404(d) of title 23, United States Code, is amended
by striking ``Commerce'' and inserting ``Transportation''.
SEC. 248. ALCOHOL-IMPAIRED DRIVING COUNTER- MEASURES.
(a) Technical Amendment.--Section 410(d)(1)(E) of title 23,
United States Code, is amended by striking ``the date of
enactment of this section'' and inserting ``December 18,
1991''.
(b) Basic Grant Eligibility.--Section 410(d)(3) of such
title is amended--
(1) by inserting ``(A)'' after ``(3)''; and
(2) by adding at the end the following:
``(B) A State shall be treated as having met the
requirement of this paragraph if--
``(i) the State provides to the Secretary a written
certification that the highest court of the State has issued
a decision indicating that implementation of subparagraph (A)
would constitute a violation of the constitution of the
State; and
``(ii) the State demonstrates to the satisfaction of the
Secretary--
``(I) that the alcohol fatal crash involvement rate in the
State has decreased in each of the 3 most recent calendar
years for which statistics for determining such rate are
available; and
``(II) that the alcohol fatal crash involvement rate in the
State has been lower than the average such rate for all
States in each of such calendar years.''.
SEC. 249. PUBLIC TRANSIT FACILITIES.
Section 1023(h) of the Intermodal Surface Transportation
Efficiency Act of 1991 is amended by striking ``this Act''
each place it appears and inserting ``the Department of
Transportation and Related Agencies Appropriations Act,
1993''.
SEC. 250. ROADSIDE BARRIER TECHNOLOGY.
Section 1058 of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 109 note; 105 Stat. 2003)
is amended--
(1) in subsection (a) by striking ``median'' and inserting
``or temporary crashworthy'';
(2) in subsection (a) by inserting ``crashworthy'' after
``Innovative'';
(3) in the heading of subsection (c) by inserting
``Crashworthy'' after ``Innovative'';
(4) in subsection (c) by inserting ``crashworthy'' after
``innovative'';
(5) in subsection (c) by striking ``median'';
(6) by inserting ``or guiderail'' after ``guardrail''; and
(7) by inserting before the period at the end of subsection
(c) ``, and meets or surpasses the requirements of the
National Cooperative Highway Research Program 350 for
longitudinal barriers''.
SEC. 251. PENSACOLA, FLORIDA.
Section 1086(b) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 2022) is amended by
striking ``Not later than 2 years after the date of the
enactment of this Act,'' and inserting ``On or before June
18, 1995,''.
SEC. 252. HIGH COST BRIDGE PROJECTS.
The table contained in section 1103(b) of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat.
2027-2028) is amended--
(1) in item number 5, relating to Gloucester Point,
Virginia, by inserting after ``York River'' the following:
``and for repair, strengthening, and rehabilitation of the
existing bridge''; and
(2) in item number 10, relating to Shakopee, Minnesota, by
inserting ``project, including the bypass of'' after
``replacement''.
SEC. 253. CONGESTION RELIEF PROJECTS.
The table contained in section 1104(b) of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat.
2029-2031) is amended--
(1) in item number 10, relating to San Diego, California,
by striking ``1 block of Cut and Cover Tunnel on Rt. 15'' and
inserting ``bridge decking on Route 15''; and
(2) in item number 43, relating to West Virginia, by
striking ``Coal Fields'' and inserting ``Coalfields''.
SEC. 254. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY SYSTEM.
(a) East-West Transamerica Corridor.--Section 1105(c)(3) of
the Intermodal Surface Transportation Efficiency Act of 1991
(105 Stat. 2032) is amended by inserting before the period at
the end the following: ``, including (A) a Kentucky corridor
centered on the cities of Paducah, Benton, Hopkinsville,
Bowling Green, Columbia, Somerset, London, Hazard, Jenkins,
and Pikeville, Kentucky, to Williamson, West Virginia, and
(B) a West Virginia corridor from Williamson to the vicinity
of Welch, West Virginia, sharing a common corridor with the
I-73/74 corridor (referred to in item 12 of the table
contained in subsection (f)), and from the vicinity of Welch
to Beckley, West Virginia, as part of the Coalfields
Expressway described in section 1069(v)''.
(b) Indianapolis to Houston Corridor.--Section 1105(c)(18)
of such Act (105 Stat. 2032) is amended by inserting before
the period at the end the following: ``, including a Kentucky
corridor centered on the cities of Henderson, Sturgis,
Smithland, Paducah, Bardwell, and Hickman, Kentucky''.
SEC. 255. HIGH PRIORITY CORRIDOR PROJECTS.
The table contained in section 1105(f) of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat.
2033-2035) is amended--
(1) in item 1, relating to Pennsylvania, by inserting after
``For'' the following: ``the segment described in item 6 of
this table and, after completion of such segment, for''; and
(2) in item number 26, relating to Indiana, Kentucky,
Tennessee, by striking ``Newberry'' and inserting
``Evansville''.
SEC. 256. RURAL ACCESS PROJECTS.
(a) Project Descriptions.--The table contained in section
1106(a)(2) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 2037-2042) is amended--
(1) in item number 34, relating to Illinois, by striking
``Resurfacing'' and all that follows through ``Omaha'' and
inserting ``Bel-Air Road improvement from south of Carmi to
State Route 141 in southeastern White County'';
(2) in item number 52, relating to Bedford Springs,
Pennsylvania, by striking ``and Huntington'' and inserting
``Franklin, and Huntingdon'';
(3) in item number 61, relating to Lubbock, Texas, by
striking ``with'' and inserting ``with Interstate 10
through'';
(4) in item number 75, relating to Pennsylvania, by
striking ``Widen'' and all that follows through ``lanes'' and
inserting ``Road improvements on a 14-mile segment of U.S.
Route 15 in Lycoming County, Pennsylvania'';
(5) in item number 92, relating to Ohio, by striking
``Minerva, Ohio'' and insert ``Lisbon, Ohio'';
(6) in item number 93, relating to New Mexico, by striking
``Raton-Clayton Rd., Clayton, New Mexico'' and inserting
``U.S. Rt. 64/87 from Raton, New Mexico, through Clayton to
the Texas-New Mexico State line''; and
(7) in item number 111, relating to Parker County, Texas
(SH199)--
(A) by striking ``Parker County'' and inserting ``Parker
and Tarrant Counties''; and
(B) by striking ``to four-'' and inserting ``in Tarrant
County, to freeway standards and in Parker County to a 4-''.
(b) Additional Funding.--Section 1106(a) of such Act is
amended by adding at the end the following:
``(8) Additional funding.--In addition to funds otherwise
made available by this subsection for the project described
in item number 52 of the table contained in paragraph (2),
there shall be available from the Highway Trust Fund (other
than the Mass Transit Account) for carrying out such project
$5,000,000 for fiscal year 1995 and $1,300,000 per fiscal
year for each of fiscal years 1996 and 1997.''.
SEC. 257. URBAN ACCESS AND MOBILITY PROJECTS.
The table contained in section 1106(b)(2) of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat.
2043-2047) is amended--
(1) in item number 13, relating to Joliet, Illinois, by
striking ``and construction and interchange at Houbolt Road
and I-80''; and
(2) in item number 36, relating to Compton, California, by
striking ``For a grade'' and all that follows through
``Corridor'' and inserting ``For grade separations and other
improvements in the city of Compton, California''.
SEC. 258. INNOVATIVE PROJECTS.
The table contained in section 1107(b) of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat.
2048-2059) is amended--
(1) in item 20, relating to Holidaysburg, Pennsylvania--
(A) by striking ``Holidaysburg,'' the first place it
appears; and
(B) by inserting ``, or other projects in the counties of
Bedford, Blair, Centre, Franklin, and Huntingdon as selected
by the State of
[[Page 932]]
Pennsylvania'' after ``Pennsylvania'' the second place it
appears;
(2) in item number 29, relating to Blacksburg, Virginia, by
inserting ``methods of facilitating public and private
participation in'' after ``demonstrate'';
(3) in item number 35, relating to Alabama, by striking
``to bypass'' and all that follows through ``I-85'' and
inserting ``beginning on U.S. Route 80 west of Montgomery,
Alabama, and connecting to I-65 south of Montgomery and I-85
east of Montgomery'';
(4) in item number 52, relating to Pennsylvania, by
striking ``off Interstate'' and all that follows through
``Pennsylvania'' and inserting ``and other highway projects
within a 30-mile vicinity of Interstate Route 81 or
Interstate Route 80 in northeastern Pennsylvania'';
(5) in item number 61, relating to Mojave, California, by
striking ``Mojave'' and inserting ``Victorville'' and by
inserting ``Mojave'' after ``reconstruct'';
(6) in item number 76, relating to Tennessee--
(A) by inserting after ``I-81'' the following:
``interchange at''; and
(B) by striking ``Interchange'' and inserting ``or Kendrick
Creek Road'';
(7) in item number 100, relating to Arkansas, by striking
``Thornton'' and inserting ``Little Rock'';
(8) in item number 113, relating to Durham County, North
Carolina, by inserting after ``Route 147'' the following: ``,
including the interchange at I-85''; and
(9) in item number 114, relating to Corpus Christi to
Angleton, Texas, by striking ``Construct new multi-lane
freeway'' and inserting ``Construct a 4-lane divided
highway''.
SEC. 259. INTERMODAL PROJECTS.
The table contained in section 1108(b) of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat.
2060-2063) is amended--
(1) in item number 5, relating to Pennsylvania, by striking
``Upgrading'' and inserting ``To study the need to upgrade''
and by inserting ``to a 4-lane limited access highway'' after
``Airport'';
(2) in item number 9, relating to E. Haven/Wallingford,
Connecticut--
(A) by striking ``$8.8'' and inserting ``$7.5'';
(B) by striking ``$2.4'' and inserting ``$2.0''; and
(C) by striking ``$0.7'' and inserting ``$0.6'';
(3) in item 38, relating to Provo, Utah, strike ``South''
and all that follows through ``Airport'' and insert ``East-
West Connector from United States Highway 89-189, Provo,
Utah''; and
(4) in item 51, relating to Long Beach, California, by
inserting ``(including a grade separation project for the Los
Alamitos traffic circle at Lakewood Boulevard and Pacific
Coast Highway)'' after ``Access''.
SEC. 260. MISCELLANEOUS INTERMODAL SURFACE TRANSPORTATION
EFFICIENCY ACT AMENDMENTS.
(a) Cross Reference in Highway Use Tax Evasion Program.--
Section 1040(a) of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 1992)
is amended by striking ``(e)'' and inserting ``(f)''.
(b) Report to Congress on Quality Improvement.--Section
1043(b) of such Act (105 Stat. 1993) is amended by inserting
``General'' after ``Comptroller''.
(c) Coalfields Expressway.--Section 1069(v) of such Act
(105 Stat. 2010) is amended by striking ``97, 10, 16, and
93'' and inserting ``16, and 83''.
(d) Period of Availability of Funds for Miscellaneous
Projects.--Section 1069 of such Act is amended--
(1) by striking the last sentence of subsection (y); and
(2) by adding at the end the following new subsection:
``(ii) Period of Availability.--Funds provided to carry out
this section shall remain available until expended.''.
(e) Final Rule for Roadside Barriers and Safety
Appurtenances.--Section 1073(b) of such Act (105 Stat. 2012)
is amended by striking ``1 year'' and inserting ``2 years''.
(f) Interstate Study Commission.--Section 1099 of such Act
(105 Stat. 2026) is amended--
(1) by striking ``bill'' and inserting ``Act'';
(2) by striking ``passage of this legislation'' and
inserting ``the enactment of this Act'';
(3) by inserting after ``Columbia'' the second place it
appears the following: ``appointed by the Governors of the
States of Maryland and Virginia and the Mayor of the District
of Columbia, respectively''; and
(4) by striking ``appointed by the Governors and the
Mayor'' and inserting ``, 1 each for Maryland, Virginia, and
the District of Columbia appointed by the Governors and the
Mayor, respectively''.
(g) Drug Recognition Expert Training Program.--Section
2006(b) of such Act (23 U.S.C. 403 note; 105 Stat. 2080) is
amended by inserting ``Federal'' before ``Advisory''.
(h) Applicability of Obligation Ceiling to Certain Highway
Safety Programs.--Section 2009 of such Act (105 Stat. 2080)
is amended--
(1) by striking ``(a) In General.--'';
(2) by striking ``211(b)'' the first place it appears and
inserting ``211'';
(3) by striking ``102'' and inserting ``1002''; and
(4) by striking subsection (b).
SEC. 261. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM.
In administering section 1003(b) of the Intermodal Surface
Transportation Efficiency Act of 1991, the limitation on
annual gross receipts of a small business concern set forth
in paragraph (2)(A) of such section shall be the only
limitation on annual gross receipts which applies to small
business concerns.
SEC. 262. AMENDMENTS TO SURFACE TRANSPORTATION AND UNIFORM
RELOCATION ASSISTANCE ACT OF 1987.
(a) Section 149.--Section 149(a)(69) of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 191), relating to Burbank-Glendale-Pasadena
Airport, California, is amended--
(1) in the first sentence by striking ``highway'';
(2) in the first sentence by striking ``and construction of
terminal and parking facilities at such airport''; and
(3) by striking ``by making'' in the second sentence and
all that follows through the period at the end of such
sentence and inserting: ``by preparing a feasibility study
and conducting preliminary engineering, design, and
construction of a link between such airport and the commuter
rail system that is being developed by the Los Angeles County
Metropolitan Transportation Authority.''.
(b) Section 317.--Section 317(b) of such Act (49 U.S.C.
App. 1608 note; 101 Stat. 233) is amended--
(1) in paragraphs (2) and (3) by inserting ``or cooperative
agreement'' after ``contract'' each place it appears; and
(2) by adding at the end the following new paragraph:
``(7) Conversion of contracts.--The Secretary may convert
existing contracts entered into under this subsection into
cooperative agreements.''.
SEC. 263. FREEWAY SERVICE PATROLS.
(a) General Rule.--Except to the extent that the Secretary
shall find that it is not feasible, any funds expended in a
fiscal year directly or indirectly for freeway service
patrols from amounts made available to a State under titles I
and III of the Intermodal Surface Transportation Efficiency
Act of 1991 shall be expended with privately owned or
privately operated business concerns. The preceding sentence
shall not apply to any publicly owned or operated freeway
service patrol that was in operation before the date of the
enactment of this Act.
(b) Definition.--For purposes of this section, the term
``freeway service patrol'' means automotive road service
vehicles and automotive towing vehicles operated in a
continuous, dedicated service as part of an incident
management program.
SEC. 264. PAN AMERICAN HIGHWAY.
(a) Study.--The Secretary shall conduct a study on the
adequacy of and the need for improvements to the Pan American
Highway.
(b) Elements.--The study to be conducted under subsection
(a) shall at a minimum include the following elements:
(1) Findings on the benefits of constructing a highway at
Darien Gap, Panama and Colombia.
(2) Recommendations for a self-financing arrangement for
completion and maintenance of the Pan American Highway.
(3) Recommendations for establishing a Pan American highway
authority to monitor financing, construction, maintenance,
and operations of the Pan American Highway.
(4) Findings on the benefits to trade and prosperity of a
more efficient Pan American Highway.
(5) Findings on the benefits to United States industry
through the use of United States technology and equipment in
construction of improvements to the Pan American Highway.
(6) Findings on environmental considerations, including
environmental considerations relating to the Darien Gap.
(c) Report.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall transmit to
Congress a report on the results of the study conducted under
this section.
SEC. 265. SECTION 3 PROGRAM AMENDMENTS.
(a) Letters of Intent.--Section 3(a)(4)(E) of the Federal
Transit Act (49 U.S.C. App. 1602(a)(4)(E)) is amended--
(1) in the first sentence by striking ``letters of intent''
and all that follows through ``shall not exceed the'' and
inserting ``letters of intent, early systems work agreements,
and full funding grant agreements shall not exceed the''; and
(2) in the second sentence by striking ``new letters
issued'' and all that follows through ``shall not exceed
any'' and inserting ``new letters issued and contingent
commitments included in early systems work agreements and
full funding agreements shall not exceed any''.
(b) Assured Timetable for Final Design Stage.--Section
3(a)(6)(C) of the Federal Transit Act (49 U.S.C. App.
1602(a)(6)(C)) is amended by inserting before the period at
the end the following: ``or, if an environmental impact
statement is not required for such project, the date of
completion of an environmental assessment for such project or
of a finding of no significant impact''.
(c) Oregon Light Rail Program.--Section 3(a)(8)(C)(v) of
such Act is amended--
(1) by striking ``Westside'' the first place it appears;
(2) by striking ``and'' following ``101-584;''; and
(3) by inserting before the period at the end the following
``; and the locally preferred alternative for the South/North
Corridor Project between Clackamas County, Oregon, Portland,
Oregon, and Clark County, Washington''.
(d) Rail Modernization.--Section 3(h) of such Act is
amended in paragraph (6) by
[[Page 933]]
striking ``paragraph'' and inserting ``subsection''.
(e) Nonapplicability.--Section 3(i)(5)(C) of such Act is
amended by striking ``the Federal-Aid Highway Act of 1991''
and inserting the following: ``title 23, United States
Code,''.
(f) Transitional Provision for Programs of Interrelated
Projects.--Section 3011(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (49 U.S.C. App. 1602
note; 105 Stat. 2098) is amended by inserting after
``interrelated projects'' the following: ``but excluding any
project for which a timetable for project review or for
Federal funding is provided for by a provision of law other
than section 3(a)(6) of the Federal Transit Act and for which
such timetable is different than the timetable established by
such section''.
(g) Conforming Amendments.--Section 3007 of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat.
2091) is amended--
(1) in paragraph (5)(B) by striking the comma which
precedes the closing quotation marks and the semicolon; and
(2) in paragraph (6) by striking the comma which precedes
the closing quotation marks and the final period.
SEC. 266. METROPOLITAN PLANNING.
(a) Technical Amendments.--Section 8 of the Federal Transit
Act (49 U.S.C. App. 1607) is amended--
(1) in subsection (f)(5) by inserting ``of title 23, United
States Code'' after ``133'';
(2) in subsection (f)(9) by striking ``of this title'' and
inserting ``of such title'';
(3) in subsection (f)(11) by inserting ``passengers and''
before ``freight'';
(4) in subsection (g)(5) by redesignating subparagraphs (i)
and (ii) as subparagraphs (A) and (B), respectively;
(5) in subsection (i)(3) by striking ``this title and the
Federal Transit Act'' and inserting ``title 23, United States
Code, and this Act'';
(6) in subsection (i)(4) by striking ``or pursuant to the
Federal Transit'' and inserting ``, or pursuant to this'';
(7) in subsection (i)(5) by inserting ``of title 23, United
States Code,'' after ``section 134'';
(8) in subsection (i)(5) by inserting ``of such title''
after ``104(b)(3)'';
(9) in subsection (i)(5) by inserting ``of such title''
after ``133(d)(3)'' each place it appears;
(10) in subsection (i)(5) by striking ``the Federal
Transit'' the first 2 places it appears and inserting
``this'';
(11) in subsection (i)(5) by striking ``section 8(o) of the
Federal Transit Act'' and inserting ``subsection (o) of this
section'';
(12) in subsection (m)(1) by striking ``or the Federal
Transit'' and inserting ``, or this'';
(13) in each of subsections (p)(2) and (p)(4) by striking
``section 8'' the first place it appears and inserting ``this
section'';
(14) in subsection (p)(2) by striking ``section 8 of this
Act'' and inserting ``this section'';
(15) in subsection (p)(3) by striking ``subparagraph (B)''
and inserting ``paragraph (2)''; and
(16) in subsection (p)(5) by striking ``paragraph'' and
inserting ``section''.
(b) Factors To Be Considered.--Section 8(f) of such Act is
amended by adding at the end the following new paragraph:
``(16) Recreational travel and tourism.''.
(c) Long Range Plan.--Section 8(g)(2)(B) of such Act is
amended by striking ``long-range'' and inserting ``long
range''.
(d) Transfer of Funds.--Section 8(k) of such Act is amended
by striking the last sentence.
(e) Nonattainment Area Requirements.--Section 8(l) of such
Act is amended by striking ``transit'' and inserting
``highway''.
SEC. 267. FORMULA GRANT PROGRAM.
(a) Transit Security Systems.--Section 9(e)(3) of the
Federal Transit Act (49 U.S.C. App. 1607a(e)(3)) is amended
by inserting before ``and any other'' in the last sentence
the following: ``employing law enforcement or security
personnel in areas within or adjacent to such systems;''.
(b) Grandfather of Certain Urbanized Areas.--Section
9(s)(2) of such Act is amended by striking ``fiscal year
1993,'' and inserting ``each of fiscal years 1993 and
1994,''.
(c) Ferryboat Operations.--For purposes of calculating
apportionments under section 9 of the Federal Transit Act for
fiscal years beginning after September 30, 1994, 50 percent
of the ferryboat revenue vehicle miles and 50 percent of the
ferryboat route miles attributable to service provided to the
city of Avalon, California, for which the operator receives
public assistance shall be included in the calculation of
``fixed guideway vehicle revenue miles'' and ``fixed guideway
route miles'' attributable to the Los Angeles urbanized area
under sections 9(b)(2) and 15 of such Act.
SEC. 268. MASS TRANSIT ACCOUNT BLOCK GRANTS.
Section 9B(a) of the Federal Transit Act (49 U.S.C. App.
1607a-2(a)) is amended by striking ``subsections (b) and (c)
of''.
SEC. 269. GRANTS FOR RESEARCH AND TRAINING.
(a) National Center.--Section 11(b)(10)(A) of the Federal
Transit Act (49 U.S.C. 1607c(b)(10)(A)) is amended by
striking ``technology'' and inserting ``Technology''.
(b) Applicability of Obligation Ceiling to Funding for
University Transportation Centers.--Section 11(b)(12) of such
Act is amended by striking ``102'' and inserting ``1002''.
(c) University Research Institutes.--Section 11(c) of such
Act is amended--
(1) in the heading to paragraph (1) by striking ``Institute
for national'' and inserting ``International institute for'';
(2) in paragraph (1) by striking ``an institute for
national'' and inserting ``an international institute for'';
(3) in paragraph (3) by striking ``through the Institute
for Transportation Research and Education and'' and inserting
a comma;
(4) in paragraph (3) by inserting a comma after ``South
Florida'';
(5) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively;
(6) by inserting after paragraph (5) the following:
``(6) Institute for transportation policy and management.--
``(A) Grants.--The Massachusetts State highway department
shall make grants under this section jointly to the
University of Massachusetts, Harvard University, and the
Massachusetts Institute of Technology to establish and
operate an interdisciplinary institute to carry out research
and training on issues and operations in urban transportation
policy and on strategies for the improvement of urban
transportation management and to disseminate the findings
thereof.
``(B) Funding.--The Massachusetts State highway department
shall expend, from amounts made available to it for each of
the fiscal years 1995 through 1997 under section 307(c) of
title 23, United States Code, $1,000,000 per fiscal year to
carry out the purposes of this paragraph.''; and
(7) in paragraph (7), as redesignated by paragraph 5 of
this subsection by striking ``through the Institute for
Transportation Research and Education''.
SEC. 270. GENERAL PROVISIONS.
(a) Contracting for Engineering and Design Services.--
Section 12(b) of the Federal Transit Act (49 U.S.C. App.
1608(b)) is amended by adding at the end the following new
paragraph:
``(5) Special rules for engineering and design contracts.--
``(A) Performance and audits.--Any contract or subcontract
awarded in accordance with paragraph (4), whether funded in
whole or in part with Federal transit funds, shall be
performed and audited in compliance with cost principles
contained in the Federal acquisition regulations of part 31
of title 48 of the Code of Federal Regulations.
``(B) Indirect cost rates.--Instead of performing its own
audits, a recipient of funds under a contract or subcontract
awarded in accordance with paragraph (4) shall accept
indirect cost rates established in accordance with the
Federal acquisition regulations for 1-year applicable
accounting periods by a cognizant government agency or
independent certified public accountant if such rates are not
currently under dispute. Once a firm's indirect cost rates
are accepted, the recipient of such funds shall apply such
rates for the purposes of contract estimation, negotiation,
administration, reporting, and contract payment and shall not
be limited by administrative or de facto ceilings in
accordance with section 15.901(c) of such title 48. A
recipient of such funds requesting or using the cost and rate
data described in this subparagraph shall notify any affected
firm before such request or use. Such data shall be
confidential and shall not be accessible or provided, in
whole or in part, to any other firm or to any government
agency which is not part of the group of agencies sharing
cost data under this subparagraph, except by written
permission of the audited firm. If prohibited by law, such
cost and rate data shall not be disclosed under any
circumstances.
``(C) State option.--Subparagraphs (A) and (B) shall take
effect 2 years after the date of the enactment of this
paragraph with respect to all States; except that if a State,
during such 2-year period, adopts by statute an alternative
process intended to promote engineering and design quality
and ensure maximum competition by professional companies of
all sizes providing engineering and design services, such
subparagraphs shall not apply with respect to such State.''.
(b) Rail Trackage Rights Agreements.--Section 12(c)(1) of
such Act is amended by inserting ``payments for the capital
portions of rail trackage rights agreements,'' after
``rights-of-way,''.
(c) Technical Amendment.--The first sentence of section
12(f)(1) of such Act is amended by striking ``such State of
local'' and inserting ``such State or local''.
(d) Turnkey System Project.--Section 12(l) of such Act is
amended--
(1) in paragraph (1)(C) by striking ``is'' and inserting
``may be''; and
(2) in paragraph (3) by striking ``the date of the
enactment of this Act'' and inserting ``the date of the
enactment of the Intermodal Surface Transportation Efficiency
Act of 1991''.
(e) Sale of Capital Assets.--Section 12 of such Act is
further amended by adding at the end the following new
subsection:
``(n) Sale of Capital Assets.--
``(1) In general.--If a recipient of assistance under this
Act determines that facilities and equipment and other assets
(including land) acquired, in whole or in part, with such
assistance are no longer needed for the purposes for which
they were acquired, the Secretary shall authorize the sale of
the assets with no further obligation to the Federal
Government if the Secretary determines that--
``(A) there are no purposes eligible for assistance under
this Act for which the asset should be used; and
[[Page 934]]
``(B) the proceeds from the sale of the asset will be used
by the recipient to procure items eligible for capital
assistance under this Act.
``(2) Relationship to other laws.--The provisions of this
subsection shall be in addition to and not in lieu of any
other provision of law governing use and disposition of
facilities and equipment under an assistance agreement.''.
SEC. 271. PERIOD OF AVAILABILITY AND REAPPORTIONMENT OF
SECTION 16 FUNDS.
Section 16 of the Federal Transit Act (49 U.S.C. App. 1612)
is amended--
(1) in subsection (b) by inserting ``and'' after the
semicolon at the end of paragraph (1);
(2) in subsection (b) by striking ``; and'' at the end of
paragraph (2) and inserting a period;
(3) in subsection (b) by striking paragraph (3) and
inserting the following:
``Eligible capital expenses under this subsection may
include, at the option of the recipient, the acquisition of
transportation services under a contract, lease, or other
arrangement.'';
(4) in subsection (c)(4) by striking ``the enactment of the
Federal Transit Act'' and inserting ``the date of the
enactment of the Intermodal Surface Transportation Efficiency
Act of 1991'';
(5) by adding at the end of subsection (c) the following
new paragraph:
``(5) Period of availability.--Sums apportioned under this
subsection shall be available for obligation by the State for
a period of 2 years following the close of the fiscal year
for which the sums are apportioned and any amounts remaining
unobligated at the end of such period shall be reapportioned
among the States for the succeeding fiscal year.'';
(6) in subsection (e) by striking ``handicapped and elderly
individuals'' and inserting ``elderly persons and persons
with disabilities''; and
(7) in subsection (e) by striking ``such individuals'' and
inserting ``such persons''.
SEC. 272. RURAL TRANSIT PROGRAM.
The second sentence of section 18(a) of the Federal Transit
Act (49 U.S.C. App. 1614(a)) is amended by striking the final
period.
SEC. 273. NONDISCRIMINATION.
Section 19 of the Federal Transit Act (49 U.S.C. App. 1615)
is amended--
(1) by striking ``(1)'' each place it appears;
(2) by redesignating paragraphs (2), (3), (4) and (5) as
subsections (b), (c), (d), and (e), respectively;
(3) in subsection (c) as so redesignated--
(A) by striking ``(A)'' and inserting ``(1)'';
(B) by striking ``(B)'' and inserting ``(2)'';
(C) by striking ``paragraph (a)'' and inserting ``paragraph
(1)'';
(D) by striking ``(i)'' and inserting ``(A)'';
(E) by striking ``(ii)'' and inserting ``(B)'';
(F) by striking ``(iii)'' and inserting ``(C)''; and
(G) by striking ``(iv)'' and inserting ``(D)''; and
(4) in subsection (d) as so redesignated by striking
``(a)(3)(B)(ii)'' and inserting ``(c)(2)(B)''.
SEC. 274. AUTHORIZATIONS.
(a) Formula Grant Program From Trust Fund.--Section
21(a)(1) of the Federal Transit Act (49 U.S.C. App.
1617(a)(1)) is amended--
(1) by striking ``8 9B,'' and inserting ``6, 8, 9B, 10,'';
and
(2) by inserting ``20,'' after ``18,''.
(b) Formula Grant Program From General Fund.--Section
21(a)(2) of such Act is amended--
(1) by striking ``8 9,'' and inserting ``6, 8, 9, 10,'';
and
(2) by inserting ``20,'' after ``18,''.
(c) Setaside for Planning, Programming, and Research.--
Section 21(c) of such Act is amended--
(1) by inserting ``beginning after September 30, 1992,''
after ``each fiscal year'';
(2) by striking ``or appropriated'' each place it appears;
(3) in paragraph (3) by striking ``the State program
under''; and
(4) in paragraph (4) by striking ``the national program
under''.
(d) Other Setasides.--Section 21(d) of such Act is amended
by striking ``or appropriated'' each place it appears.
(e) Completion of Interstate Transfer Transit Projects.--
Section 21(e) of such Act is amended by striking
``$160,000,000'' and all that follows through the period at
the end and inserting ``for fiscal years beginning after
September 30, 1991, not to exceed $324,843,000. Such sums
shall remain available until expended.''.
SEC. 275. PROJECT MANAGEMENT OVERSIGHT.
Section 23 of the Federal Transit Act (49 U.S.C. App. 1619)
is amended--
(1) in subsection (a) by striking ``or 18'' and inserting
``and 18''; and
(2) in subsection (h) by striking ``subsections (a) (1)
through (5)'' and inserting ``subsection (a)''.
SEC. 276. PLANNING AND RESEARCH PROGRAM.
(a) State Program.--Section 26(a) of the Federal Transit
Act (49 U.S.C. App. 1622(a)) is amended to read as follows:
``(a) Allocation of Planning Funds.--
``(1) Transit cooperative research program.--Fifty percent
of the funds made available under sections 21(b)(3)(D) and
21(c)(3) shall be available for the transit cooperative
research program to be administered as follows:
``(A) Independent governing board.--The Secretary shall
establish an independent governing board for such program to
recommend such transit research, development, and technology
transfer activities as the Secretary deems appropriate.
``(B) National academy of sciences.--The Secretary may make
grants to, and enter into cooperative agreements with, the
National Academy of Sciences to carry out such activities as
the Secretary determines are appropriate.
``(2) State planning and research.--The remaining 50
percent of funds made available under sections 21(b)(3)(D)
and 21(c)(3) shall be apportioned to the States for grants
and contracts consistent with the purposes of sections 6, 8,
10, 11, and 20 of this Act in the ratio which the population
in urbanized areas in each State bears to the total
population in urbanized areas in all the States, as shown by
the latest available decennial census, except that no State
shall receive less than \1/2\ of 1 percent of the amount
apportioned under this subsection. In any case in which a
statewide transit agency is responsible under State law for
the financing, construction, and operation, directly, by
lease, contract, or otherwise, of statewide public
transportation services, such agency shall be the recipient
for receiving and dispensing funds under this paragraph.
``(3) Allocation within a state.--A State may authorize a
portion of its funds made available under paragraph (2) to be
used to supplement funds available under paragraph (1), as
the State deems appropriate.''.
(b) National Program.--Section 26(b) of such Act is
amended--
(1) in paragraph (1) by striking ``section 21(c)(4)'' and
inserting ``sections 21(b)(3)(E) and 21(c)(4)''; and
(2) in paragraph (2) by inserting ``annually'' after
``$2,000,000''.
(c) Pilot Project.--Section 26(c)(4) of such Act is amended
by striking ``the date of the enactment of this Act'' each
place it appears and inserting ``the date of the enactment of
the Intermodal Surface Transportation Efficiency Act of
1991''.
SEC. 277. NEEDS SURVEY AND TRANSFERABILITY STUDY.
Section 27(b) of the Federal Transit Act (49 U.S.C. App.
1623(b)) is amended--
(1) in paragraph (1) by striking ``(3)'';
(2) in paragraph (2) by striking ``such sections'' and
inserting ``section 9(j) of this Act''; and
(3) in paragraph (2) by striking ``With'' and inserting
``with''.
SEC. 278. STATE RESPONSIBILITY FOR RAIL FIXED GUIDEWAY
SYSTEM.
Section 28 of the Federal Transit Act (49 U.S.C. App.
1624(b)) is amended--
(1) in the section heading by inserting ``rail'' before
``fixed guideway''; and
(2) in subsection (b)(1) by inserting ``rail'' before
``fixed guideway''.
SEC. 279. NATIONAL TRANSIT INSTITUTE.
Section 29 of the Federal Transit Act (49 U.S.C. App. 1625)
is amended in the heading to subsection (b) by striking
``Funding'' and inserting ``Training of State and Local
Government Transportation Personnel''.
SEC. 280. INCREASED FEDERAL SHARE.
The Federal Transit Act (49 U.S.C. App. 1601-1625) is
amended by adding at the end the following new section:
``SEC. 30. INCREASED FEDERAL SHARE.
``(a) States With Large Areas of Indian and Certain Public
Domain Lands.--In the case of any State containing nontaxable
Indian lands, individual and tribal, and public domain lands
(both reserved and unreserved) exclusive of national forests
and national parks and monuments, exceeding 5 percent of the
total area of all lands in the State, the Federal share
which, but for this subsection, would be applicable for any
construction project under this Act shall be increased by a
percentage of the remaining cost equal to the percentage that
the area of all such lands in the State is of its total area.
``(b) States With Large Areas of Indian and Public Domain
Lands and National Forests, Parks, and Monuments.--In the
case of any State containing nontaxable Indian lands,
individual and tribal, public domain lands (both reserved and
unreserved), national forests, and national parks and
monuments, the Federal share which, but for this subsection,
would be applicable for any construction project under this
Act shall be increased by a percentage of the remaining cost
equal to the percentage that the area of all such lands in
such State is of its total area.
``(c) Maximum Share.--Notwithstanding subsections (a) and
(b) of this section, the Federal share for any construction
project under this Act shall not exceed 95 percent of the
total cost of such project.
``(d) Grant Recipient Agreement.--In any case where a grant
recipient elects to have the Federal share provided in
subsection (b) of this section, the grant recipient must
enter into an agreement with the Secretary covering a period
of not less than 1 year, requiring grant recipient to use
solely for purposes eligible for assistance (other than
operating assistance) under this Act (other than paying its
share of projects approved under this Act) during the period
covered by such agreement the difference between the grant
recipient's share as provided in subsection (b) and what its
share would be if it elected to pay the share provided in
subsection (a) for all projects subject to such agreement.''.
SEC. 281. PERFORMANCE REPORTS ON MASS TRANSIT SYSTEMS.
Section 308(e)(1) of title 49, United States Code, is
amended by striking ``January of
[[Page 935]]
each even-numbered year'' and inserting ``January 1994,
January 1995, and January of each odd-numbered year
thereafter''.
SEC. 282. CROSS REFERENCE TO FEDERAL TRANSIT ACT.
Section 176 of the Clean Air Act (42 U.S.C. 7506) is
amended in each of subsections (c)(2) and (d) by striking
``Urban Mass Transportation'' each place it appears and
inserting ``Federal Transit''.
SEC. 283. PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN
AND INTERNATIONAL FUEL TAX AGREEMENT.
Section 4008(j) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 2155) is amended by
striking ``102'' in the second sentence and inserting
``1002''.
SEC. 284. INTELLIGENT VEHICLE-HIGHWAY SYSTEMS.
(a) Operational Testing Projects.--Section 6055(d) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat. 2192-2193) is amended by inserting ``and enter into
cooperative agreements and contracts with'' after ``The
Secretary may make grants to''.
(b) Funding.--Section 6058 of such Act (105 Stat. 2194-
2195) is amended--
(1) in the second sentence of subsection (d) by striking
``projects undertaken pursuant to subsection (c) of this
section'' and inserting ``activities undertaken with funds
made available under subsection (b) and activities undertaken
with funds subject to subsection (c)'';
(2) in subsection (e) by striking ``102'' and inserting
``1002''; and
(3) by adding at the end the following new subsection:
``(f) Nonapplicability of Other Requirements of Law.--A
person (including a public agency) that does not receive
assistance under title 23, United States Code, the Federal
Transit Act, or any provision of this Act (other than the
Intelligent Vehicle-Highway Systems Act of 1991) shall not be
subject to any Federal design standard, law, or regulation
applicable to persons receiving such assistance solely by
reason of such person receiving assistance under this
section.''.
SEC. 285. TITLE 49, UNITED STATES CODE, AMENDMENTS.
The analysis for chapter 1 of title 49, United States Code,
is amended--
(1) by striking ``Sec. 110. Saint Lawrence Seaway
Development Corporation.''; and
(2) by striking ``Sec. 111.'' and inserting ``111.''.
SEC. 286. SURFACE TRANSPORTATION ASSISTANCE ACT OF 1982
AMENDMENTS.
(a) Motor Carrier Safety Grant Program.--Section 402 of the
Surface Transportation Assistance Act of 1982 (49 U.S.C. App.
2302) is amended--
(1) by moving each of subparagraphs (H) through (N)
(including any clauses therein) 2 ems to the left;
(2) in subsection (b)(1)(N) by striking ``give'' and
inserting ``gives''; and
(3) in subsection (d) by striking ``3'' and inserting
``5''.
(b) Cargo Carrying Unit Limitation.--Section 411(j)(5)(D)
of such Act (49 U.S.C. App. 2311(j)(5)(D)) is amended by
striking ``prohibited under'' and inserting ``subject to''.
SEC. 287. COMMERCIAL MOTOR VEHICLE SAFETY ACT OF 1986
AMENDMENTS.
(a) Section 12011.--Section 12011 of the Commercial Motor
Vehicle Safety Act of 1986 (49 U.S.C. App. 2710) is amended--
(1) in each of subsections (a) and (b) by striking
``104(b)(5), and 104(b)(6)'' and inserting ``104(b)(3), and
104(b)(5)''; and
(2) in subsection (c)(1)(A)(ii) by striking ``104(b)(6)''
and inserting ``104(b)(3)''.
(b) Section Number Redesignation.--Such Act is further
amended by redesignating the second section 12020, relating
to violation of out-of-service orders, as 12021.
SEC. 288. CLEVELAND HARBOR, OHIO.
Section 1079 of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 2018-2019) is amended--
(1) by striking the semicolon at the end of subsection (b)
and inserting a period; and
(2) in subsection (d)--
(A) by striking ``279.31 feet'' and inserting ``269.31
feet'';
(B) by striking ``127.28 feet'' and inserting ``137.28
feet'';
(C) by striking the comma following ``Grid System'';
(D) by striking ``33 deg.-53'-08'' east'' the first place
it appears and inserting ``33 deg.-53'-08'' west'';
(E) by striking ``north-westerly'' and inserting
``northwesterly''; and
(F) by striking ``174,764 square feet (4.012 acres)'' and
inserting ``175,143 (4.020 acres)''.
SEC. 289. OTHER INTERMODAL SURFACE TRANSPORTATION EFFICIENCY
ACT TECHNICAL AMENDMENTS.
(a) Southern Florida Commuter Rail.--Section 3014 of
Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat. 2108) is amended by striking ``(49 U.S.C. 1607a)''.
(b) Road Testing of LCV's.--Section 4007(d)(1) of such Act
(49 U.S.C. App. 2302 note) is amended by striking ``on
board'' and inserting ``onboard''.
(c) National Commission on Intermodal Transportation.--
Section 5005 of such Act (49 U.S.C. 301 note; 105 Stat. 2160-
2162) is amended--
(1) in subsection (d)(1) by striking ``11 members'' and
inserting ``15 members'';
(2) in subsection (d)(1)(A) by striking ``3 members'' and
inserting ``7 members''; and
(3) in subsection (i) by striking ``1993'' and inserting
``1994''.
(d) Section 6017.--Section 6017 of such Act (105 Stat.
2183) is amended by striking ``502(a)'' and inserting
``5002(a)''.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. SKAGGS, announced that the yeas had it.
Mr. RAHALL demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
412
<3-line {>
affirmative
Nays
12
Para. 56.11 [Roll No. 200]
AYES--412
Abercrombie
Ackerman
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Bacchus (FL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Holden
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
[[Page 936]]
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--12
Allard
Armey
Boehner
Crane
Fawell
Hancock
Inglis
Kyl
Penny
Sensenbrenner
Solomon
Stump
NOT VOTING--9
Andrews (ME)
Bachus (AL)
Blackwell
Grandy
Hoke
Horn
McMillan
Ortiz
Washington
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 56.12 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed with amendments in which the concurrence of
the House is requested, a bill of the House of the following title:
H.R. 1933. An Act to authorize appropriations for the
Martin Luther King, Jr. Federal Holiday Commission, to extend
such Commission, and to support the planning and performance
of national service opportunities in conjunction with the
Federal legal holiday honoring the birthday of Martin Luther
King, Jr.
The message also announced that from the Committee on Finance for
matters solely within the Finance's Committee jurisdiction, including
sections 209, 210, and 408 of the Senate amendment, Mr. Moynihan, Mr.
Baucus, and Mr. Packwood, be appointed conferees, on the part of the
Senate, on the bill (H.R. 3474) ``An Act to reduce administrative
requirements for insured depository institutions to the extent
consistent with safe and sound banking practices, to facilitate the
establishment of community development financial institutions, and for
other purposes.''
Para. 56.13 providing for consideration of a certain resolution
Mr. HALL of Ohio, by direction of the Committee on Rules, called up
the following resolution (H. Res. 441):
Resolved, That the requirement of clause 4(b) of rule XI
for a two-thirds vote to consider a report from the Committee
on Rules on the same day it is presented to the House is
waived with respect to a resolution reported on the
legislative day of May 25, 1994, providing for consideration
of the bill (H.R. 4426) making appropriations for foreign
operations, export financing, and related programs for the
fiscal year ending September 30, 1995.
When said resolution was considered.
After debate,
On motion of Mr. HALL of Ohio, the previous question was ordered on
the resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. TORRES, announced that the nays had it.
Mr. HALL of Ohio objected to the vote on the ground that a quorum was
not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
246
When there appeared
<3-line {>
Nays
174
Para. 56.14 [Roll No. 201]
YEAS--246
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Callahan
Cantwell
Cardin
Carr
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lightfoot
Lipinski
Livingston
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rowland
Roybal-Allard
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--174
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Condit
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Linder
Lloyd
Lucas
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Valentine
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--13
Blackwell
Chapman
Grandy
Horn
Houghton
Machtley
McCurdy
Ortiz
Rostenkowski
Rush
Sarpalius
Washington
Whitten
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 56.15 providing for the consideration of h.r. 4426
Mr. HALL of Ohio, by direction of the Committee on Rules, reported
(Rept. No. 103-530) the resolution (H. Res. 443) providing for
consideration of the bill (H.R. 4426) making appropriations for foreign
operations, export financing, and related programs for the fiscal year
ending September 30, 1995.
[[Page 937]]
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 56.16 providing for the consideration of h.r. 4426
Mr. HALL of Ohio, by direction of the Committee on Rules and pursuant
to House Resolution 441, called up the following resolution (H. Res.
443):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the State of the Union for consideration of
the bill (H.R. 4426) making appropriations for foreign
operations, export financing, and related programs for the
fiscal year ending September 30, 1995. All points of order
against the bill and against its consideration are waived.
General debate shall be confined to the bill and the
amendment in the nature of a substitute recommended by the
Committee on Appropriations and shall not exceed one hour
equally divided and controlled by the chairman and ranking
minority member of the Committee on Appropriations. After
general debate the pending question shall be the adoption of
the amendment in the nature of a substitute recommended by
the Committee on Appropriations now printed in the bill. The
committee amendment in the nature of a substitute shall be
designated and shall be debatable for ten minutes equally
divided and controlled by the chairman and ranking minority
member of the Committee on Appropriations. All points of
order against the committee amendment in the nature of a
substitute, and against provisions in the bill if so amended,
are waived. If the committee amendment in the nature of a
substitute is adopted, then the bill as so amended shall be
considered as the original bill for the purpose of further
amendment under the five-minute rule and shall be considered
as read. No further amendment shall be in order except those
printed in the report of the Committee on Rules accompanying
this resolution. Each amendment may be offered only in the
order printed in the report, may be offered only by a Member
designated in the report, shall be considered as read, shall
be debatable for the time specified in the report equally
divided and controlled by the proponent and an opponent,
shall not be subject to amendment except as specified in the
report, and shall not be subject to a demand for division of
the question in the House or in the Committee of the Whole.
All points of order against amendments printed in the report
are waived. The chairman of the Committee of the Whole may
postpone until a time during further consideration in the
Committee of the Whole a request for a recorded vote on any
amendment made in order by this resolution. The chairman of
the Committee of the Whole may reduce to not less than five
minutes the time for voting by electronic device on any
postponed question that immediately follows another vote by
electronic device without intervening business, provided that
the time for voting by electronic device on the first in any
series of questions shall be not less than fifteen minutes.
At the conclusion of consideration of the bill for amendment
the Committee shall rise and report the bill to the House
with such amendments as may have been adopted. Any Member may
demand a separate vote in the House on any amendment adopted
in the Committee of the Whole to the bill or to the committee
amendment in the nature of a substitute. The previous
question shall be considered as ordered on the bill and
amendments thereto to final passage without inter-
vening motion except one motion to recommit with or without
instructions.
When said resolution was considered.
After debate,
Mr. HALL of Ohio moved the previous question on the resolution to its
adoption or rejection.
The question being put, viva voce,
Will the House now order the previous question?
The SPEAKER pro tempore, Mr. TORRES, announced that the nays had it.
Mr. HALL of Ohio objected to the vote on the ground that a quorum was
not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
233
When there appeared
<3-line {>
Nays
191
Para. 56.17 [Roll No. 202]
YEAS--233
Abercrombie
Ackerman
Andrews (ME)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Holden
Hoyer
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Price (NC)
Rahall
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Woolsey
Wyden
Wynn
Yates
NAYS--191
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Conyers
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hochbrueckner
Hoekstra
Hoke
Houghton
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Lloyd
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pickle
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Rangel
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Slattery
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Tauzin
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Valentine
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--9
Andrews (TX)
Blackwell
de la Garza
Grandy
Horn
Ortiz
Tucker
Washington
Wise
So the previous question on the resolution was ordered.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. TORRES, announced that the yeas had it.
Mr. DREIER demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The vote was taken by electronic device.
[[Page 938]]
It was decided in the
Yeas
244
<3-line {>
affirmative
Nays
181
Para. 56.18 [Roll No. 203]
YEAS--244
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCrery
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--181
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Lloyd
Lucas
Machtley
Manzullo
McCandless
McCollum
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--8
Barcia
Blackwell
Grandy
Horn
Oxley
Rowland
Washington
Williams
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 56.19 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
Para. 56.20 foreign aid appropriations
The SPEAKER pro tempore, Mr. TORRES, pursuant to House Resolution 443
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 4426) making appropriations for foreign operations, export
financing, and related programs for the fiscal year ending September 30,
1995.
The SPEAKER pro tempore, Mr. TORRES, by unanimous consent, designated
Mr. RICHARDSON as Chairman of the Committee of the Whole; and after some
time spent therein,
Para. 56.21 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment in the nature of a substitute
submitted by the Committee on Appropriations:
TITLE I--MULTILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
International Financial Institutions
contribution to the International bank for reconstruction and
development
For payment to the International Bank for Reconstruction
and Development by the Secretary of the Treasury, for the
United States share of the paid-in share portion of the
increases in capital stock for the General Capital Increase,
$23,009,101, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal
year limitation to the callable capital portion of the United
States share of increases in capital stock in an amount not
to exceed $743,923,914.
For payment to the International Bank for Reconstruction
and Development by the Secretary of the Treasury, for the
United States contribution to the Global Environment Facility
(GEF), $98,800,000, to remain available until expended.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
For payment to the International Development Association by
the Secretary of the Treasury, $1,235,000,000, for the United
States contribution to the replenishment, to remain available
until expended.
contribution to the international finance corporation
For payment to the International Finance Corporation by the
Secretary of the Treasury, $68,743,028, for the United States
share of the increase in subscriptions to capital stock, to
remain available until expended: Provided, That of the amount
appropriated under this heading not more than $5,364,000 may
be expended for the purchase of such stock in fiscal year
1995.
contribution to the inter-american development bank
For payment to the Inter-American Development Bank by the
Secretary of the Treasury for the United States share of
the paid-in share portion of the increase in capital stock,
$28,111,959, and for the United States share of the increases
in the resources of the Fund for Special Operations,
$21,338,000, and for the United States share of the capital
stock of the Inter-American Investment Corporation, $190,000,
to remain available until expended: Provided, That
$25,269,224 of the amount made available for the paid-in
share portion of the increase in capital stock, and
$20,317,000 of the resources of the Fund for Special
Operations shall be subject to the regular notification
procedures of the Committees on Appropriations.
limitation on callable capital subscriptions
The United States Governor of the Inter-American
Development Bank may subscribe without fiscal year limitation
to the callable capital portion of the United States share of
such capital stock in an amount not to exceed $1,594,568,180.
contribution to the enterprise for the americas multilateral investment
fund
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the
United States contribution to the Fund to be administered by
the Inter-American Development Bank, $75,000,000 to remain
available until expended.
contribution to the asian development fund
For the United States contribution by the Secretary of the
Treasury to the increases in
[[Page 939]]
resources of the Asian Development Fund, as authorized by
the Asian Development Bank Act, as amended (Public Law
89-369), $167,960,000, to remain available until expended.
contribution to the african development fund
For payment to the African Development Fund by the
Secretary of the Treasury, $124,229,309, for the United
States contribution to the African Development Fund, to
remain available until expended: Provided, That of the funds
appropriated under this heading, $20,000,000 shall be subject
to the regular notification procedures of the Committees on
Appropriations.
contribution to the african development bank
For payment to the African Development Bank by the
Secretary of the Treasury, for the paid-in share portion of
the United States share of the increase in capital stock,
$133,000, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank
may subscribe without fiscal year limitation to the callable
capital portion of the United States share of such capital
stock in an amount not to exceed $2,002,540.
contribution to the european bank for reconstruction and development
For payment to the European Bank for Reconstruction and
Development by the Secretary of the Treasury, $69,180,353,
for the United States share of the paid-in share portion of
the initial capital subscription, to remain available until
expended: Provided, That during fiscal year 1995 the number
of shares of stock purchased shall be not more than 600.
limitation of callable capital subscriptions
The United States Governor of the European Bank for
Reconstruction and Development may subscribe without fiscal
year limitation to the callable capital portion of the United
States share of such capital stock in an amount not to exceed
$161,420,824.
international organizations and programs
For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961, and of
section 2 of the United Nations Environment Program
Participation Act of 1973, $366,000,000: Provided, That none
of the funds appropriated under this heading shall be made
available for the United Nations Fund for Science and
Technology: Provided further, That funds appropriated under
this heading may be made available for the International
Atomic Energy Agency only if the Secretary of State
determines (and so reports to the Congress) that Israel is
not being denied its right to participate in the activities
of that Agency: Provided further, That of the funds
appropriated under this heading that are made available for
the United Nations Children's Fund (UNICEF), 75 per centum
shall be obligated and expended no later than thirty days
after the date of enactment of this Act and 25 per centum
shall be expended within thirty days from the start of
UNICEF's fourth quarter of operations for 1995: Provided
further, That none of the funds appropriated under this
heading that are made available to the United Nations
Population Fund (UNFPA) shall be made available for
activities in the People's Republic of China: Provided
further, That not more than $40,000,000 of the funds
appropriated under this heading may be made available to the
UNFPA: Provided further, That not more than one-half of this
amount may be provided to UNFPA before March 1, 1995, and
that no later than February 15, 1995, the Secretary of State
shall submit a report to the Committees on Appropriations
indicating the amount UNFPA is budgeting for the People's
Republic of China in 1995: Provided further, That any amount
UNFPA plans to spend in the People's Republic of China in
1995 above $7,000,000, shall be deducted from the amount of
funds provided to UNFPA after March 1, 1995 pursuant to the
previous provisos: Provided further, That with respect to any
funds appropriated under this heading that are made available
to UNFPA, UNFPA shall be required to maintain such funds in a
separate account and not commingle them with any other funds:
Provided further, That notwithstanding the fifth proviso of
this heading, if UNFPA decides not to initiate a new program
in China after its current program ends in 1995, up to an
additional $20,000,000 of funds appropriated under this
heading may be made available to UNFPA.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
For expenses necessary to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, to remain available until September 30, 1995,
unless otherwise specified herein, as follows:
Agency for International Development
development assistance fund
For necessary expenses to carry out the provisions of
sections 103 through 106 of the Foreign Assistance Act of
1961, $811,000,000, to remain available until September 30,
1996.
POPULATION, DEVELOPMENT ASSISTANCE
For necessary expenses to carry out the provisions of
section 104(b), $450,000,000, to remain available until
September 30, 1996: Provided, That none of the funds made
available in this Act nor any unobligated balances from prior
appropriations may be made available to any organization or
program which, as determined by the President of the United
States, supports or participates in the management of a
program of coercive abortion or involuntary sterilization:
Provided further, That none of the funds made available under
this heading may be used to pay for the performance of
abortion as a method of family planning or to motivate or
coerce any person to practice abortions; and that in order to
reduce reliance on abortion in developing nations, funds
shall be available only to voluntary family planning projects
which offer, either directly or through referral to, or
information about access to, a broad range of family planning
methods and services: Provided further, That in awarding
grants for natural family planning under section 104 of the
Foreign Assistance Act of 1961 no applicant shall be
discriminated against because of such applicant's religious
or conscientious commitment to offer only natural family
planning; and, additionally, all such applicants shall comply
with the requirements of the previous proviso: Provided
further, That nothing in this subsection shall be construed
to alter any existing statutory prohibitions against abortion
under section 104 of the Foreign Assistance Act of 1961.
development fund for africa
For necessary expenses to carry out the provisions of
chapter 10 of part I of the Foreign Assistance Act of 1961,
$790,000,000, to remain available until September 30, 1996:
Provided, That none of the funds appropriated by this Act to
carry out chapters 1 and 10 of part I of the Foreign
Assistance Act of 1961 shall be transferred to the Government
of Zaire: Provided further, That funds appropriated under
this heading which are made available for activities
supported by the Southern Africa Development Community shall
be made available notwithstanding section 512 of this Act and
section 620(q) of the Foreign Assistance Act of 1961.
PRIVATE AND VOLUNTARY ORGANIZATIONS
None of the funds appropriated or otherwise made available
by this Act for development assistance may be made available
to any United States private and voluntary organization,
except any cooperative development organization, which
obtains less than 20 per centum of its total annual funding
for international activities from sources other than the
United States Government: Provided, That the requirements of
the provisions of section 123(g) of the Foreign Assistance
Act of 1961 and the provisions on private and voluntary
organizations in title II of the ``Foreign Assistance and
Related Programs Appropriations Act, 1985'' (as enacted in
Public Law 98-473) shall be superseded by the provisions of
this section.
INTERNATIONAL DISASTER ASSISTANCE
For necessary expenses for international disaster relief,
rehabilitation, and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961, as
amended, $169,998,000 to remain available until expended.
debt restructuring
For the cost, as defined in section 13201 of the Budget
Enforcement Act of 1990, of modifying direct loans and loan
guarantees, as the President may determine, for which funds
have been appropriated or otherwise made available for
programs within the International Affairs Budget Function
150, $7,000,000, to remain available until expended:
Provided, That it is the sense of the Congress that a program
should be developed to undertake direct buy backs of
bilateral debt from eligible poor and lower-middle income
countries with local currency offsets to fund development and
environmental activities, provided that such a program would
have no budgetary impact. The Administration should consider
how creative use of the sale of impaired Third World debts
might be used to lower debt overhangs and generate local
currencies for development and environmental activities.
micro and small enterprise development program account
For the subsidy cost of direct loans and loan guarantees,
$1,500,000, as authorized by section 108 of the Foreign
Assistance Act of 1961, as amended: Provided, That such costs
shall be as defined in section 502 of the Congressional
Budget Act of 1974. In addition, for administrative expenses
to carry out programs under this heading, $500,000, all of
which may be transferred to and merged with the appropriation
for operating expenses of the Agency for International
Development.
HOUSING GUARANTY PROGRAM ACCOUNT
For the subsidy cost, as defined in section 13201 of the
Budget Enforcement Act of 1990, of guaranteed loans
authorized by sections 221 and 222 of the Foreign Assistance
Act of 1961, $19,300,000: Provided, That these funds are
available to subsidize loan principal, 100 percent of which
shall be guaranteed, pursuant to the authority of such
sections: Provided further, That the President shall enter
into commitments to guarantee such loans in the full amount
provided under this heading, subject to the availability of
qualified applicants for such guarantees. In addition, for
administrative expenses to carry out guaranteed loan
programs, $8,000,000, all of which may be transferred to and
merged with the appropriation for Operating Expenses of the
Agency for International Development: Provided further, That
commitments to guarantee loans under this heading
[[Page 940]]
may be entered into notwithstanding the second and third
sentences of section 222(a) and, with regard to programs for
Eastern Europe and programs for the benefit of South Africans
disadvantaged by apartheid, section 223(j) of the Foreign
Assistance Act of 1961: Provided further, That none of the
funds appropriated under this heading shall be obligated
except through the regular notification procedures of the
Committees on Appropriations.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
For payment to the ``Foreign Service Retirement and
Disability Fund'', as authorized by the Foreign Service Act
of 1980, $45,118,000.
OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT
For necessary expenses to carry out the provisions of
section 667, $517,500,000: Provided, That of this amount not
more than $900,000 may be made available to pay for printing
costs.
OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT OFFICE
OF INSPECTOR GENERAL
For necessary expenses to carry out the provisions of
section 667, $39,118,000, which sum shall be available for
the Office of the Inspector General of the Agency for
International Development.
ECONOMIC SUPPORT FUND
For necessary expenses to carry out the provisions of
chapter 4 of part II, $2,339,000,000, to remain available
until September 30, 1996: Provided, That any funds
appropriated under this heading that are made available for
Israel shall be made available on a grant basis as a cash
transfer and shall be disbursed within thirty days of
enactment of this Act or by October 31, 1994, whichever is
later: Provided further, That any funds appropriated under
this heading that are made available for Egypt shall be
provided on a grant basis, of which sum cash transfer
assistance may be provided with the understanding that Egypt
will undertake significant economic reforms which are
additional to those which were undertaken in previous fiscal
years: Provided further, That in exercising the authority to
provide cash transfer assistance for Israel and Egypt, the
President shall ensure that the level of such assistance does
not cause an adverse impact on the total level of nonmilitary
exports from the United States to each such country: Provided
further, That it is the sense of the Congress that the
recommended levels of assistance for Egypt and Israel are
based in great measure upon their continued participation in
the Camp David Accords and upon the Egyptian-Israeli peace
treaty: Provided further, That none of the funds appropriated
under this heading shall be made available for Zaire.
international fund for ireland
For necessary expenses to carry out the provisions of part
I of the Foreign Assistance Act of 1961, up to $19,600,000,
which shall be available for the United States contribution
to the International Fund for Ireland and shall be made
available in accordance with the provisions of the Anglo-
Irish Agreement Support Act of 1986 (Public Law 99-415):
Provided, That such amount shall be expended at the minimum
rate necessary to make timely payment for projects and
activities: Provided further, That funds made available under
this heading shall remain available until expended.
assistance for eastern europe and the baltic states
(a) For necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 and the Support for East
European Democracy (SEED) Act of 1989, $360,000,000, to
remain available until expended, which shall be available,
notwithstanding any other provision of law, for economic
assistance for Eastern Europe and the Baltic States.
(b) Funds appropriated under this heading or in prior
appropriations Acts that are or have been made available for
an Enterprise Fund may be deposited by such Fund in interest-
bearing accounts prior to the Fund's disbursement of such
funds for program purposes. The Fund may retain for such
program purposes any interest earned on such deposits without
returning such interest to the Treasury of the United States
and without further appropriation by the Congress. Funds made
available for Enterprise Funds shall be expended at the
minimum rate necessary to make timely payment for projects
and activities.
(c) Funds appropriated under this heading shall be
considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use
of economic assistance.
assistance for the new independent states of the former soviet union
(a) For necessary expenses to carry out the provisions of
chapter 11 of part I of the Foreign Assistance Act of 1961
and the FREEDOM Support Act, for assistance for the new
independent states of the former Soviet Union and for related
programs, $900,000,000, to remain available until expended:
Provided, That the provisions of 498B(j) of the Foreign
Assistance Act of 1961 shall apply to funds appropriated by
this paragraph.
(b) None of the funds appropriated under this heading shall
be transferred to the Government of Russia--
(1) unless that Government is making progress in
implementing comprehensive economic reforms based on market
principles, private ownership, negotiating repayment of
commercial debt, respect for commercial contracts, and
equitable treatment of foreign private investment; and
(2) if that Government applies or transfers United States
assistance to any entity for the purpose of expropriating or
seizing ownership or control of assets, investments, or
ventures.
(c) Funds may be furnished without regard to subsection (b)
if the President determines that to do so is in the national
interest.
(d) None of the funds appropriated under this heading shall
be made available to any government of the new independent
states of the former Soviet Union if that government directs
any action in violation of the territorial integrity or
national sovereignty of any other new independent state, such
as those violations included in Principle Six of the Helsinki
Final Act: Provided, That such funds may be made available
without regard to the restriction in this subsection if the
President determines that to do so is in the national
interest of the United States: Provided further, That the
restriction of this subsection shall not apply to the use of
such funds for the provision of assistance for purposes of
humanitarian, disaster and refugee relief: Provided further,
That thirty days after the date of enactment of this Act, and
then annually thereafter, the Secretary of State shall report
to the Committees on Appropriations on steps taken by the
governments of the new independent states concerning
violations referred to in this subsection: Provided further,
That in preparing this report the Secretary shall consult
with the United States Representative to the Conference on
Security and Cooperation in Europe.
(e) None of the funds appropriated under this heading for
the new independent states of the former Soviet Union shall
be made available for any state to enhance its military
capability: Provided, That this restriction does not apply to
demilitarization, defense conversion or non-proliferation
programs, or programs to support troop withdrawal including
through the support of an officer resettlement program, and
technical assistance for the housing sector.
(f) Funds appropriated under this heading shall be subject
to the regular reprogramming procedures of the Committees on
Appropriations.
(g) Funds appropriated under this heading may be made
available for assistance for Mongolia.
(h) Funds made available in this Act for assistance to the
New Independent States of the former Soviet Union shall be
provided to the maximum extent feasible through the private
sector, including private voluntary organizations and
nongovernmental organizations functioning in the New
Independent States.
Independent Agencies
african development foundation
For necessary expenses to carry out the provisions of title
V of the International Security and Development Cooperation
Act of 1980, Public Law 96-533, and to make such contracts
and commitments without regard to fiscal year limitations, as
provided by section 9104, title 31, United States Code,
$16,905,000: Provided, That, when, with the permission of the
President of the Foundation, funds made available to a
grantee under this heading are invested pending disbursement,
the resulting interest is not required to be deposited in the
United States Treasury if the grantee uses the resulting
interest for the purpose for which the grant was made:
Provided further, That this provision applies with respect to
both interest earned before and interest earned after the
enactment of this provision: Provided further, That
notwithstanding section 505(a)(2) of the African Development
Foundation Act, in exceptional circumstances the board of
directors of the Foundation may waive the dollar limitation
contained in that section with respect to a project: Provided
further, That the Foundation shall provide a report to the
Committees on Appropriations after each time such waiver
authority is exercised.
INTER-AMERICAN FOUNDATION
For expenses necessary to carry out the functions of the
Inter-American Foundation in accordance with the provisions
of section 401 of the Foreign Assistance Act of 1969, and to
make such contracts and commitments without regard to fiscal
year limitations, as provided by section 9104, title 31,
United States Code, $30,960,000.
PEACE CORPS
For expenses necessary to carry out the provisions of the
Peace Corps Act (75 Stat. 612), $219,745,000, including the
purchase of not to exceed five passenger motor vehicles for
administrative purposes for use outside of the United States:
Provided, That none of the funds appropriated under this
heading shall be used to pay for abortions: Provided further,
That funds appropriated under this heading shall remain
available until September 30, 1996.
Department of State
INTERNATIONAL NARCOTICS CONTROL
For necessary expenses to carry out the provisions of
section 481 of the Foreign Assistance Act of 1961,
$100,000,000.
MIGRATION AND REFUGEE ASSISTANCE
For expenses, not otherwise provided for, necessary to
enable the Secretary of State to provide, as authorized by
law, a contribution to the International Committee of the Red
Cross and assistance to refugees, including contributions to
the Intergovernmental Committee for Migration and the United
Na-
[[Page 941]]
tions High Commissioner for Refugees; salaries and expenses
of personnel and dependents as authorized by the Foreign
Service Act of 1980; allowances as authorized by sections
5921 through 5925 of title 5, United States Code; hire of
passenger motor vehicles; and services as authorized by
section 3109 of title 5, United States Code, $670,688,000:
Provided, That not more than $11,500,000 of the funds
appropriated under this heading shall be available for the
administrative expenses of the Office of Refugee Programs of
the Department of State.
refugee resettlement assistance
For necessary expenses for the targeted assistance program
authorized by title IV of the Immigration and Nationality Act
and section 501 of the Refugee Education Assistance Act of
1980 and administered by the Office of Refugee Resettlement
of the Department of Health and Human Services, in addition
to amounts otherwise available for such purposes,
$12,000,000.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance
Act of 1962, as amended (22 U.S.C. 260(c)), $50,000,000,
to remain available until expended: Provided, That the funds
made available under this heading are appropriated
notwithstanding the provisions contained in section 2(c)(2)
of the Migration and Refugee Assistance Act of 1962 which
would limit the amount of funds which could be appropriated
for this purpose.
ANTI-TERRORISM ASSISTANCE
For necessary expenses to carry out the provisions of
chapter 8 of part II of the Foreign Assistance Act of 1961,
$15,244,000.
nonproliferation and disarmament fund
For necessary expenses for a ``Nonproliferation and
Disarmament Fund'', $10,000,000, to remain available until
expended, to promote bilateral and multilateral activities:
Provided, That such funds may be used pursuant to the
authorities contained in section 504 of the FREEDOM Support
Act: Provided further, That such funds may also be used for
such countries other than the new independent states of the
former Soviet Union and international organizations when it
is in the national security interest of the United States to
do so: Provided further, That funds appropriated under this
heading may be made available notwithstanding any other
provision of law: Provided further, That funds appropriated
under this heading shall be subject to the regular
notification procedures of the Committees on Appropriations.
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL MILITARY EDUCATION AND TRAINING
For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961,
$25,500,000: Provided, That up to $300,000 of the funds
appropriated under this heading may be made available for
grant financed military education and training for any
country whose annual per capita GNP exceeds $2,349 on the
condition that that country agrees to fund from its own
resources the transportation cost and living allowances of
its students: Provided further, That the civilian personnel
for whom military education and training may be provided
under this heading may also include members of national
legislatures who are responsible for the oversight and
management of the military: Provided further, That none of
the funds appropriated under this heading shall be available
for Indonesia and Zaire: Provided further, That none of the
funds appropriated by this Act shall be used to facilitate
the provision of IMET to Indonesia: Provided further, That a
report is to be submitted to the Committees on Appropriations
addressing how the proposed School of the Americas IMET
program will contribute to the promotion of human rights,
respect for civilian authority and the rule of law, the
establishment of legitimate judicial mechanisms for the
military, and achieving the goal of right sizing military
forces.
For necessary expenses, for the military-to-military
contact program of the Department of Defense, $12,000,000, to
be made available only for activities for East European
countries and the Baltic States.
foreign military financing program
For expenses necessary for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act, $3,149,279,000: Provided, That funds
appropriated by this paragraph that are made available for
Israel and Egypt shall be available only as grants: Provided
further, That the funds appropriated by this paragraph that
are made available for Israel shall be disbursed within
thirty days of enactment of this Act or by October 31, 1994,
whichever is later: Provided further, That funds made
available under this paragraph shall be nonrepayable
notwithstanding any requirement in section 23 of the Arms
Export Control Act.
For the cost, as defined in section 13201 of the Budget
Enforcement Act of 1990, of direct loans authorized by
section 23 of the Arms Export Control Act as follows: cost of
direct loans, $47,917,000: Provided, That these funds are
available to subsidize gross obligations for the principal
amount of direct loans of not to exceed $619,650,000:
Provided further, That the rate of interest charged on such
loans shall be not less than the current average market yield
on outstanding marketable obligations of the United States of
comparable maturities: Provided further, That the principal
amount of direct loans for Greece and Turkey shall be made
available according to a 7 to 10 ratio: Provided further,
That 25 percent of the principal amount of direct loans for
Turkey shall be withheld until the Secretary of State, in
consultation with the Secretary of Defense, has submitted to
the Committees on Appropriations a report addressing, among
other things, the allegations of abuses against civilians by
the Turkish armed forces and the situation in Cyprus, and a
separate notification has been submitted at least 15 days
prior to the obligation of such funds: Provided further, That
25 percent of the principal amount of direct loans for Greece
shall be withheld until the Secretary of State has submitted
to the Committees on Appropriations a report on the
allegations of Greek violations of the United Nations
sanctions against Serbia and of the United Nations Charter,
and a separate notification has been submitted at least 15
days prior to the obligation of such funds.
None of the funds made available under this heading shall
be available to finance the procurement of defense articles,
defense services, or design and construction services that
are not sold by the United States Government under the Arms
Export Control Act unless the foreign country proposing to
make such procurements has first signed an agreement with the
United States Government specifying the conditions under
which such procurements may be financed with such funds:
Provided, That all country and funding level increases in
allocations shall be submitted through the regular
notification procedures of section 515 of this Act: Provided
further, That funds made available under this heading shall
be obligated upon apportionment in accordance with paragraph
(5)(C) of title 31, United States Code, section 1501(a):
Provided further, That none of the funds appropriated under
this heading shall be available for Zaire, Sudan, Liberia,
Guatemala, Peru, and Malawi: Provided further, That none of
the funds appropriated under this heading may be made
available for Colombia or Bolivia until the Secretary of
State certifies that such funds will not be used by such
country for purposes other than counter-narcotics activities:
Provided further, That not more than $100,000,000 of the
funds made available under this heading shall be available
for use in financing the procurement of defense articles,
defense services, or design and construction services that
are not sold by the United States Government under the Arms
Export Control Act to countries other than Israel and Egypt:
Provided further, That only those countries for which
assistance was justified for the ``Foreign Military Sales
Financing Program'' in the fiscal year 1989 congressional
presentation for security assistance programs may utilize
funds made available under this heading for procurement of
defense articles, defense services or design and construction
services that are not sold by the United States Government
under the Arms Export Control Act: Provided further, That,
subject to the regular notification procedures of the
Committees on Appropriations, funds made available under this
heading for the cost of direct loans may also be used to
supplement the funds available under this heading for
necessary expenses for grants if countries specified under
this heading as eligible for such direct loans decline to
utilize such loans: Provided further, That funds appropriated
under this heading shall be expended at the minimum rate
necessary to make timely payment for defense articles and
services: Provided further, That the Department of Defense
shall conduct during the current fiscal year nonreimbursable
audits of private firms whose contracts are made directly
with foreign governments and are financed with funds made
available under this heading (as well as subcontractors
thereunder) as requested by the Defense Security Assistance
Agency: Provided further, That not more than $22,150,000 of
the funds appropriated under this heading may be obligated
for necessary expenses, including the purchase of passenger
motor vehicles for replacement only for use outside of the
United States, for the general costs of administering
military assistance and sales: Provided further, That not
more than $335,000,000 of funds realized pursuant to section
21(e)(1)(A) of the Arms Export Control Act may be obligated
for expenses incurred by the Department of Defense during the
fiscal year 1994 pursuant to section 43(b) of the Arms Export
Control Act, except that this limitation may be exceeded only
through the regular notification procedures of the Committees
on Appropriations: Provided further, That none of the funds
appropriated under this heading, and no employee of the
Defense Security Assistance Agency, may be used to facilitate
the transport of aircraft to commercial arms sales shows.
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$75,000,000.
TITLE IV--EXPORT ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in
accordance with law, and to make such contracts and
commitments without regard to fiscal year limitations, as
provided by section 104 of the Government Corporation Control
Act, as may be necessary in carrying out the program for the
current fiscal year for such corporation: Provided, That none
of the funds available during the cur-
[[Page 942]]
rent fiscal year may be used to make expenditures, contracts,
or commitments for the export of nuclear equipment, fuel, or
technology to any country other than a nuclear-weapon State
as defined in article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic
or military assistance under this Act that has detonated a
nuclear explosive after the date of enactment of this Act.
subsidy appropriation
For the cost of direct loans, loan guarantees, insurance,
and tied-aid grants as authorized by section 10 of the
Export-Import Bank Act of 1945, as amended, $792,653,000 to
remain available until September 30, 1996: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That these funds are available to
subsidize gross obligations for the principal amount of
direct loans, and tied-aid grants, and total loan principal,
any part of which is to be guaranteed, including insurance,
of not to exceed $19,000,000,000: Provided further, That such
sums shall remain available until 2010 for the disbursement
of direct loans, loan guarantees, insurance and tied-aid
grants obligated in fiscal years 1995 and 1996: Provided
further, That up to $100,000,000 of funds appropriated by
this paragraph shall remain available until expended and may
be used for tied-aid grant purposes: Provided further, That
none of the funds appropriated by this paragraph may be used
for tied-aid credits or grants except through the regular
notification procedures of the Committees on Appropriations:
Provided further, That funds appropriated by this paragraph
are made available notwithstanding section 2(b)(2) of the
Export-Import Bank Act of 1945, in connection with the
purchase or lease of any product by any East European
country, any Baltic State, or any agency or national thereof.
ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs (to be computed on an
accrual basis), including hire of passenger motor vehicles
and services as authorized by 5 U.S.C. 3109, and not to
exceed $20,000 for official reception and representation
expenses for members of the Board of Directors, $44,550,000:
Provided, That necessary expenses (including special services
performed on a contract or fee basis, but not including other
personal services) in connection with the collection of
moneys owed the Export-Import Bank, repossession or sale of
pledged collateral or other assets acquired by the Export-
Import Bank in satisfaction of moneys owed the Export-Import
Bank, or the investigation or appraisal of any property, or
the evaluation of the legal or technical aspects of any
transaction for which an application for a loan, guarantee or
insurance commitment has been made, shall be considered
nonadministrative expenses for the purposes of this heading.
OVERSEAS PRIVATE INVESTMENT CORPORATION
program account
For the subsidy cost as defined in section 13201 of the
Budget Enforcement Act of 1990, of direct and guaranteed
loans authorized by section 234 of the Foreign Assistance Act
of 1961, as follows: cost of direct and guaranteed loans,
$23,296,000. In addition, for administrative expenses to
carry out the direct and guaranteed loan programs,
$7,933,000: Provided, That the funds provided in this
paragraph shall be available for and apply to costs, direct
loan obligations and loan guaranty commitments incurred or
made during the period from October 1, 1994 through September
30, 1996: Provided further, That such sums are to remain
available through fiscal year 2003 for the disbursement of
direct and guaranteed loans obligated in fiscal year 1995,
and through 2004 for the disbursement of direct and
guaranteed loans obligated in fiscal year 1996.
The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as
provided by 31 U.S.C. 9104, such noncredit expenditures and
commitments within the limits of funds available to it and in
accordance with law (including an amount for official
reception and representation expenses which shall not exceed
$35,000) as may be necessary.
Funds Appropriated to the President
TRADE AND DEVELOPMENT AGENCY
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961,
$44,986,000.
TITLE V--GENERAL PROVISIONS
OBLIGATIONS DURING LAST MONTH OF AVAILABILITY
Sec. 501. Except for the appropriations entitled
``International Disaster Assistance'', and ``United States
Emergency Refugee and Migration Assistance Fund'', not more
than 15 per centum of any appropriation item made available
by this Act shall be obligated during the last month of
availability.
PROHIBITION OF BILATERAL FUNDING FOR INTERNATIONAL FINANCIAL
INSTITUTIONS
Sec. 502. None of the funds contained in title II of this
Act may be used to carry out the provisions of section 209(d)
of the Foreign Assistance Act of 1961.
LIMITATION ON RESIDENCE EXPENSES
Sec. 503. Of the funds appropriated or made available
pursuant to this Act, not to exceed $126,500 shall be for
official residence expenses of the Agency for International
Development during the current fiscal year: Provided, That
appropriate steps shall be taken to assure that, to the
maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars.
LIMITATION ON EXPENSES
Sec. 504. Of the funds appropriated or made available
pursuant to this Act, not to exceed $5,000 shall be for
entertainment expenses of the Agency for International
Development during the current fiscal year.
LIMITATION ON REPRESENTATIONAL ALLOWANCES
Sec. 505. Of the funds appropriated or made available
pursuant to this Act, not to exceed $95,000 shall be
available for representation allowances for the Agency for
International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure
that, to the maximum extent possible, United States-owned
foreign currencies are utilized in lieu of dollars: Provided
further, That of the funds made available by this Act for
general costs of administering military assistance and sales
under the heading ``Foreign Military Financing Program'', not
to exceed $2,000 shall be available for entertainment
expenses and not to exceed $50,000 shall be available for
representation allowances: Provided further, That of the
funds made available by this Act under the heading
``International Military Education and Training'', not to
exceed $50,000 shall be available for entertainment
allowances: Provided further, That of the funds made
available by this Act for the Inter-American Foundation, not
to exceed $2,000 shall be available for entertainment and
representation allowances: Provided further, That of the
funds made available by this Act for the Peace Corps, not to
exceed a total of $4,000 shall be available for entertainment
expenses: Provided further, That of the funds made available
by this Act under the heading ``Trade and Development
Agency'', not to exceed $2,000 shall be available for
representation and entertainment allowances.
PROHIBITION ON FINANCING NUCLEAR GOODS
Sec. 506. None of the funds appropriated or made available
(other than funds for ``International Organizations and
Programs'') pursuant to this Act, for carrying out the
Foreign Assistance Act of 1961, may be used, except for
purposes of nuclear safety, to finance the export of nuclear
equipment, fuel, or technology.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES
Sec. 507. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance or reparations to Cuba,
Iraq, Libya, the Socialist Republic of Vietnam, Iran, Serbia,
Sudan, or Syria: Provided, That for purposes of this section,
the prohibition on obligations or expenditures shall include
direct loans, credits, insurance and guarantees of the
Export-Import Bank or its agents.
MILITARY COUPS
Sec. 508. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance to any country whose duly
elected Head of Government is deposed by military coup or
decree: Provided, That assistance may be resumed to such
country if the President determines and reports to the
Committees on Appropriations that subsequent to the
termination of assistance a democratically elected government
has taken office.
TRANSFERS BETWEEN ACCOUNTS
Sec. 509. None of the funds made available by this Act may
be obligated under an appropriation account to which they
were not appropriated, unless the President, prior to the
exercise of any authority contained in the Foreign Assistance
Act of 1961 to transfer funds, consults with and provides a
written policy justification to the Committees on
Appropriations of the House of Representatives and the
Senate: Provided, That the exercise of such authority shall
be subject to the regular notification procedures of the
Committees on Appropriations.
DEOBLIGATION/REOBLIGATION AUTHORITY
Sec. 510. (a) Amounts certified pursuant to section 1311 of
the Supplemental Appropriations Act, 1955, as having been
obligated against appropriations heretofore made under the
authority of the Foreign Assistance Act of 1961 for the same
general purpose as any of the headings under the ``Agency for
International Development'' are, if deobligated, hereby
continued available for the same period as the respective
appropriations under such headings or until September 30,
1995, whichever is later, and for the same general purpose,
and for countries within the same region as originally
obligated: Provided, That the Appropriations Committees of
both Houses of the Congress are notified fifteen days in
advance of the deobligation and reobligation of such funds in
accordance with regular notification procedures of the
Committees on Appropriations.
(b) Obligated balances of funds appropriated to carry out
section 23 of the Arms Export Control Act as of the end of
the fiscal year immediately preceding the current fiscal year
are, if deobligated, hereby continued available during the
current fiscal year for the same purpose under any authority
applicable to such appropriations under this Act: Provided,
That the authority of this subsection may not be used in
fiscal year 1995.
availability of funds
Sec. 511. No part of any appropriation contained in this
Act shall remain available for
[[Page 943]]
obligation after the expiration of the current fiscal year
unless expressly so provided in this Act: Provided, That
funds appropriated for the purposes of chapters 1 and 8 of
part I, section 667, and chapter 4 of part II of the Foreign
Assistance Act of 1961, as amended, shall remain available
until expended if such funds are initially obligated before
the expiration of their respective periods of availability
contained in this Act: Provided further, That,
notwithstanding any other provision of this Act, any funds
made available for the purposes of chapter 1 of part I and
chapter 4 of part II of the Foreign Assistance Act of 1961
which are allocated or obligated for cash disbursements in
order to address balance of payments or economic policy
reform objectives, shall remain available until expended:
Provided further, That the report required by section 653(a)
of the Foreign Assistance Act of 1961 shall designate for
each country, to the extent known at the time of submission
of such report, those funds allocated for cash disbursement
for balance of payment and economic policy reform purposes.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
Sec. 512. No part of any appropriation contained in this
Act shall be used to furnish assistance to any country which
is in default during a period in excess of one calendar year
in payment to the United States of principal or interest on
any loan made to such country by the United States pursuant
to a program for which funds are appropriated under this Act:
Provided, That this section and section 620(q) of the Foreign
Assistance Act of 1961 shall not apply to funds made
available in this Act or during the current fiscal year for
Nicaragua, and for any narcotics-related assistance for
Colombia, Bolivia, and Peru authorized by the Foreign
Assistance Act of 1961 or the Arms Export Control Act.
COMMERCE AND TRADE
Sec. 513. (a) None of the funds appropriated or made
available pursuant to this Act for direct assistance and none
of the funds otherwise made available pursuant to this Act to
the Export-Import Bank and the Overseas Private Investment
Corporation shall be obligated or expended to finance any
loan, any assistance or any other financial commitments for
establishing or expanding production of any commodity for
export by any country other than the United States, if the
commodity is likely to be in surplus on world markets at the
time the resulting productive capacity is expected to become
operative and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing
commodity: Provided, That such prohibition shall not apply to
the Export-Import Bank if in the judgment of its Board of
Directors the benefits to industry and employment in the
United States are likely to outweigh the injury to United
States producers of the same, similar, or competing
commodity.
(b) None of the funds appropriated by this or any other Act
to carry out chapter 1 of part I of the Foreign Assistance
Act of 1961 shall be available for any testing or breeding
feasibility study, variety improvement or introduction,
consultancy, publication, conference, or training in
connection with the growth or production in a foreign country
of an agricultural commodity for export which would compete
with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact in the export of agricultural commodities
of the United States; or
(2) research activities intended primarily to benefit
American producers.
(c) None of the funds provided in this Act to the Agency
for International Development, other than funds made
available to carry out Caribbean Basin Initiative programs
under the Tariff Schedules of the United States, section 1202
of title 19, United States Code, schedule 8, part I, subpart
B, item 807.00, shall be obligated or expended--
(1) to procure directly feasibility studies or
prefeasibility studies for, or project profiles of potential
investment in, the manufacture, for export to the United
States or to third country markets in direct competition with
United States exports, of import-sensitive articles as
defined by section 503(c)(1) (A) and (E) of the Tariff Act of
1930 (19 U.S.C. 2463(c)(1) (A) and (E)); or
(2) to assist directly in the establishment of facilities
specifically designed for the manufacture, for export to the
United States or to third country markets in direct
competition with United States exports, of import-sensitive
articles as defined in section 503(c)(1) (A) and (E) of the
Tariff Act of 1930 (19 U.S.C. 2463(c)(1) (A) and (E)).
SURPLUS COMMODITIES
Sec. 514. The Secretary of the Treasury shall instruct the
United States Executive Directors of the International Bank
for Reconstruction and Development, the International
Development Association, the International Finance
Corporation, the Inter-American Development Bank, the
International Monetary Fund, the Asian Development Bank, the
Inter-American Investment Corporation, the European Bank for
Reconstruction and Development, the African Development Bank,
and the African Development Fund to use the voice and vote of
the United States to oppose any assistance by these
institutions, using funds appropriated or made available
pursuant to this Act, for the production or extraction of any
commodity or mineral for export, if it is in surplus on world
markets and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing
commodity.
NOTIFICATION REQUIREMENTS
Sec. 515. For the purposes of providing the Executive
Branch with the necessary administrative flexibility, none of
the funds made available under this Act for ``Development
Assistance Fund'', ``Population, Development Assistance'',
``Development Fund for Africa'', ``International
organizations and programs'', ``Trade and Development
Agency'', ``International narcotics control'', ``Assistance
for Eastern Europe and the Baltic States'', ``Assistance for
the New Independent States of the Former Soviet Union'',
``Economic Support Fund'', ``Peacekeeping operations'',
``Operating expenses of the Agency for International
Development'', ``Operating expenses of the Agency for
International Development Office of Inspector General'',
``Anti-terrorism assistance'', ``Foreign Military Financing
Program'', ``International military education and training''
(including the military-to-military contact program),
``Inter-American Foundation'', ``African Development
Foundation'', ``Peace Corps'', or ``Migration and refugee
assistance'', shall be available for obligation for
activities, programs, projects, type of materiel assistance,
countries, or other operation not justified or in excess of
the amount justified to the Appropriations Committees for
obligation under any of these specific headings unless the
Appropriations Committees of both Houses of Congress are
previously notified fifteen days in advance: Provided, That
the President shall not enter into any commitment of funds
appropriated for the purposes of section 23 of the Arms
Export Control Act for the provision of major defense
equipment, other than conventional ammunition, or other major
defense items defined to be aircraft, ships, missiles, or
combat vehicles, not previously justified to Congress or 20
per centum in excess of the quantities justified to Congress
unless the Committees on Appropriations are notified fifteen
days in advance of such commitment: Provided further, That
this section shall not apply to any reprogramming for an
activity, program, or project under chapter 1 of part I of
the Foreign Assistance Act of 1961 of less than 20 per centum
of the amount previously justified to the Congress for
obligation for such activity, program, or project for the
current fiscal year: Provided further, That the requirements
of this section or any similar provision of this Act
requiring notification in accordance with the regular
notification procedures of the Committees on Appropriations
may be waived if failure to do so would pose a substantial
risk to human health or welfare: Provided further, That in
case of any such waiver, notification to the Congress, or the
appropriate congressional committees, shall be provided as
early as practicable, but in no event later than three days
after taking the action to which such notification
requirement was applicable, in the context of the
circumstances necessitating such waiver: Provided further,
That any notification provided pursuant to such a waiver
shall contain an explanation of the emergency circumstances.
Drawdowns made pursuant to section 506(a)(2) of the Foreign
Assistance Act of 1961 shall be subject to the regular
notification procedures of the Committees on Appropriations.
limitation on availability of funds for international organizations and
programs
Sec. 516. (a) Notwithstanding any other provision of law or
of this Act, none of the funds provided for ``International
Organizations and Programs'' shall be available for the
United States proportionate share, in accordance with section
307(c) of the Foreign Assistance Act of 1961, for any
programs identified in section 307, or for Libya, Iran, or,
at the discretion of the President, Communist countries
listed in section 620(f) of the Foreign Assistance Act of
1961, as amended: Provided, That, subject to the
regular notification procedures of the Committees on
Appropriations, funds appropriated under this Act or any
previously enacted Act making appropriations for foreign
operations, export financing, and related programs, which are
returned or not made available for organizations and programs
because of the implementation of this section or any similar
provision of law, shall remain available for obligation
through September 30, 1996.
(b) The United States shall not make any voluntary or
assessed contribution--
(1) to any affiliated organization of the United Nations
which grants full membership as a state to any organization
or group that does not have the internationally recognized
attributes of statehood, or
(2) to the United Nations, if the United Nations grants
full membership as a state in the United Nations to any
organization or group that does not have the internationally
recognized attributes of statehood,
during any period in which such membership is effective.
ECONOMIC SUPPORT FUND ASSISTANCE FOR ISRAEL
Sec. 517. The Congress finds that progress on the peace
process in the Middle East is vitally important to United
States security interests in the region. The Congress
recognizes that, in fulfilling its obligations under the
Treaty of Peace Between the Arab Republic of Egypt and the
State of Israel, done at Washington on March 26, 1979, Israel
in-
[[Page 944]]
curred severe economic burdens. Furthermore, the Congress
recognizes that an economically and militarily secure Israel
serves the security interests of the United States, for a
secure Israel is an Israel which has the incentive and
confidence to continue pursuing the peace process. Therefore,
the Congress declares that it is the policy and the intention
of the United States that the funds provided in annual
appropriations for the Economic Support Fund which are
allocated to Israel shall not be less than the annual debt
repayment (interest and principal) from Israel to the United
States Government in recognition that such a principle serves
United States interests in the region.
PROHIBITION CONCERNING ABORTIONS AND INVOLUNTARY STERILIZATION
Sec. 518. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method
of family planning or to motivate or coerce any person to
practice abortions. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as amended,
may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or
provide any financial incentive to any person to undergo
sterilizations. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for any biomedical research which relates in
whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family
planning. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the
President certifies that the use of these funds by any such
country or organization would violate any of the above
provisions related to abortions and involuntary
sterilizations. The Congress reaffirms its commitments to
Population, Development Assistance and to the need for
informed voluntary family planning.
reporting requirement
Sec. 519. The President shall submit to the Committees on
Appropriations the reports required by section 25(a)(1) of
the Arms Export Control Act.
special notification requirements
Sec. 520. None of the funds appropriated in this Act shall
be obligated or expended for Colombia, El Salvador,
Guatemala, Haiti, Indonesia, Liberia, Nicaragua, Pakistan,
Peru, Rwanda, Sudan, or Zaire except as provided through the
regular notification procedures of the Committees on
Appropriations: Provided, That this section shall not apply
to funds appropriated by this Act to carry out the provisions
of chapter 1 of part I of the Foreign Assistance Act of 1961
that are made available for El Salvador and Nicaragua.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
Sec. 521. For the purpose of this Act, ``program, project,
and activity'' shall be defined at the Appropriations Act
account level and shall include all Appropriations and
Authorizations Acts earmarks, ceilings, and limitations with
the exception that for the following accounts: Economic
Support Fund and Foreign Military Financing Program,
``program, project, and activity'' shall also be considered
to include country, regional, and central program level
funding within each such account; for the development
assistance accounts of the Agency for International
Development ``program, project, and activity'' shall also be
considered to include central program level funding, either
as (1) justified to the Congress, or (2) allocated by the
executive branch in accordance with a report, to be provided
to the Committees on Appropriations within thirty days of
enactment of this Act, as required by section 653(a) of the
Foreign Assistance Act of 1961.
family planning, child survival and aids activities
Sec. 522. Up to $8,000,000 of the funds made available by
this Act for assistance for family planning, health, child
survival, and AIDS, may be used to reimburse United States
Government agencies, agencies of State governments,
institutions of higher learning, and private and voluntary
organizations for the full cost of individuals (including for
the personal services of such individuals) detailed or
assigned to, or contracted by, as the case may be, the Agency
for International Development for the purpose of carrying out
family planning activities, child survival activities and
activities relating to research on, and the treatment and
control of, acquired immune deficiency syndrome in developing
countries: Provided, That such individuals shall not be
included within any personnel ceiling applicable to any
United States Government agency during the period of detail
or assignment: Provided further, That funds appropriated by
this Act that are made available for child survival
activities or activities relating to research on, and the
treatment and control of, acquired immune deficiency syndrome
may be made available notwithstanding any provision of law
that restricts assistance to foreign countries: Provided
further, That funds appropriated by this Act that are made
available for family planning activities may be made
available notwithstanding section 512 of this Act and section
620(q) of the Foreign Assistance Act of 1961.
prohibition against indirect funding to certain countries
Sec. 523. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated to finance
indirectly any assistance or reparations to Cuba, Iraq,
Libya, the Socialist Republic of Vietnam, Iran, Syria, North
Korea, People's Republic of China, or Laos unless the
President of the United States certifies that the withholding
of these funds is contrary to the national interest of the
United States.
RECIPROCAL LEASING
Sec. 524. Section 61(a) of the Arms Export Control Act is
amended by striking out ``1994'' and inserting in lieu
thereof ``1995''.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
Sec. 525. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign
Assistance Act of 1961, the Department of Defense shall
notify the Committees on Appropriations to the same extent
and under the same conditions as are other committees
pursuant to subsection (c) of that section: Provided, That
before issuing a letter of offer to sell excess defense
articles under the Arms Export Control Act, the Department of
Defense shall notify the Committees on Appropriations in
accordance with the regular notification procedures of such
Committees: Provided further, That such Committees shall also
be informed of the original acquisition cost of such defense
articles.
authorization requirement
Sec. 526. Funds appropriated by this Act may be obligated
and expended subject to section 10 of Public Law 91-672 and
section 15 of the State Department Basic Authorities Act of
1956.
DEPLETED URANIUM
Sec. 527. None of the funds provided in this or any other
Act may be made available to facilitate in any way the sale
of M-833 antitank shells or any comparable antitank shells
containing a depleted uranium penetrating component to any
country other than (1) countries which are members of NATO,
(2) countries which have been designated as a major non-NATO
ally for purposes of section 1105 of the National Defense
Authorization Act for Fiscal Year 1987 or, (3) Taiwan:
Provided, That funds may be made available to facilitate the
sale of such shells notwithstanding the limitations of this
section if the President determines that to do so is in the
national security interest of the United States.
OPPOSITION TO ASSISTANCE TO TERRORIST COUNTRIES BY INTERNATIONAL
FINANCIAL INSTITUTIONS
Sec. 528. (a) Instructions for United States Executive
Directors.--The Secretary of the Treasury shall instruct the
United States Executive Director of each international
financial institution designated in subsection (b), and the
Administrator of the Agency for International Development
shall instruct the United States Executive Director of the
International Fund for Agriculture Development, to use the
voice and vote of the United States to oppose any loan or
other use of the funds of the respective institution to or
for a country for which the Secretary of State has made a
determination under section 6(j) of the Export Administration
Act of 1979.
(b) Definition.--For purposes of this section, the term
``international financial institution'' includes--
(1) the International Bank for Reconstruction and
Development, the International Development Association, and
the International Monetary Fund; and
(2) wherever applicable, the Inter-American Development
Bank, the Asian Development Bank, the African Development
Bank, the African Development Fund, and the European Bank for
Reconstruction and Development.
Prohibition on Bilateral Assistance to Terrorist Countries
Sec. 529. (a) Notwithstanding any other provision of law,
funds appropriated for bilateral assistance under any heading
of this Act and funds appropriated under any such heading in
a provision of law enacted prior to enactment of this Act,
shall not be made available to any country which the
President determines--
(1) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism,
or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection
(a) to a country if the President determines that national
security or humanitarian reasons justify such waiver. The
President shall publish each waiver in the Federal Register
and, at least fifteen days before the waiver takes effect,
shall notify the Committees on Appropriations of the waiver
(including the justification for the waiver) in accordance
with the regular notification procedures of the Committees on
Appropriations.
commercial leasing of defense articles
Sec. 530. Notwithstanding any other provision of law, and
subject to the regular notification requirements of the
Committees on Appropriations, the authority of section 23(a)
of the Arms Export Control Act may be used to provide
financing to Israel and Egypt and NATO and major non-NATO
allies for the procurement by leasing (including leasing with
an option to purchase) of defense articles from United States
commercial suppliers, not including Major Defense Equipment
(other than helicopters and other types of aircraft having
possible civilian application), if the President determines
that there are compelling foreign policy or national secu-
[[Page 945]]
rity reasons for those defense articles being provided by
commercial lease rather than by government-to-government sale
under such Act.
competitive insurance
Sec. 531. All Agency for International Development
contracts and solicitations, and subcontracts entered into
under such contracts, shall include a clause requiring that
United States marine insurance companies have a fair
opportunity to bid for marine insurance when such insurance
is necessary or appropriate.
stingers in the persian gulf region
Sec. 532. Except as provided in section 581 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1990, the United States may not sell or
otherwise make available any Stingers to any country
bordering the Persian Gulf under the Arms Export Control Act
or chapter 2 of part II of the Foreign Assistance Act of
1961.
prohibition on leveraging and diversion of united states assistance
Sec. 533. (a) None of the funds appropriated by this Act
may be provided to any foreign government (including any
instrumentality or agency thereof), foreign person, or United
States person in exchange for that foreign government or
person undertaking any action which is, if carried out by the
United States Government, a United States official or
employee, expressly prohibited by a provision of United
States law.
(b) For the purposes of this section the term ``funds
appropriated by this Act'' includes only (1) assistance of
any kind under the Foreign Assistance Act of 1961; and (2)
credits, and guaranties under the Arms Export Control Act.
(c) Nothing in this section shall be construed to limit--
(1) the ability of the President, the Vice President, or
any official or employee of the United States to make
statements or otherwise express their views to any party on
any subject;
(2) the ability of an official or employee of the United
States to express the policies of the President; or
(3) the ability of an official or employee of the United
States to communicate with any foreign country government,
group or individual, either directly or through a third
party, with respect to the prohibitions of this section
including the reasons for such prohibitions, and the actions,
terms, or conditions which might lead to the removal of the
prohibitions of this section.
debt-for-development
Sec. 534. In order to enhance the continued participation
of nongovernmental organizations in economic assistance
activities under the Foreign Assistance Act of 1961,
including endowments, debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a
grantee or contractor of the Agency for International
Development may place in interest bearing accounts funds made
available under this Act or prior Acts or local currencies
which accrue to that organization as a result of economic
assistance provided under the heading ``Agency for
International Development'' and any interest earned on such
investment may be for the purpose for which the assistance
was provided to that organization.
location of stockpiles
Sec. 535. Section 514(b)(2) of the Foreign Assistance Act
of 1961 is amended by striking out ``$200,000,000 for
stockpiles in Israel for fiscal year 1994'' and inserting in
lieu thereof ``a total of $200,000,000 for stockpiles in
Israel for fiscal years 1994 and 1995, up to $40,000,000 may
be made available for stockpiles in the Republic of Korea,
and up to $10,000,000 may be made available for stockpiles in
Thailand for fiscal year 1995''.
separate accounts
Sec. 536. (a) Separate Accounts for Local Currencies.--(1)
If assistance is furnished to the government of a foreign
country under chapters 1 and 10 of part I (including the
Philippines Multilateral Assistance Initiative) or chapter 4
of part II of the Foreign Assistance Act of 1961 under
agreements which result in the generation of local currencies
of that country, the Administrator of the Agency for
International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be generated, and
(ii) the terms and conditions under which the currencies so
deposited may be utilized, consistent with this section; and
(C) establish by agreement with that government the
responsibilities of the Agency for International Development
and that government to monitor and account for deposits into
and disbursements from the separate account.
(2) Uses of Local Currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapters 1 or 10 of part I or chapter 4 of
part II (as the case may be), for such purposes as--
(i) project and sector assistance activities, or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) Programming Accountability.--The Agency for
International Development shall take all appropriate steps to
ensure that the equivalent of the local currencies disbursed
pursuant to subsection (a)(2)(A) from the separate account
established pursuant to subsection (a)(1) are used for the
purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of Assistance Programs.--Upon termination
of assistance to a country under chapters 1 or 10 of part I
or chapter 4 of part II (as the case may be), any
unencumbered balances of funds which remain in a separate
account established pursuant to subsection (a) shall be
disposed of for such purposes as may be agreed to by the
government of that country and the United States Government.
(5) Conforming Amendments.--The provisions of this
subsection shall supersede the tenth and eleventh provisos
contained under the heading ``Sub-Saharan Africa, Development
Assistance'' as included in the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1989 and
sections 531(d) and 609 of the Foreign Assistance Act of
1961.
(b) Separate Accounts for Cash Transfers.--(1) If
assistance is made available to the government of a foreign
country, under chapters 1 or 10 of part I (including the
Philippines Multilateral Assistance Initiative) or chapter 4
of part II of the Foreign Assistance Act of 1961, as cash
transfer assistance or as nonproject sector assistance, that
country shall be required to maintain such funds in a
separate account and not commingle them with any other funds.
(2) Applicability of Other Provisions of Law.--Such funds
may be obligated and expended notwithstanding provisions of
law which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (H. Report No. 98-
1159).
(3) Notification.--At least fifteen days prior to
obligating any such cash transfer or nonproject sector
assistance, the President shall submit a notification through
the regular notification procedures of the Committees on
Appropriations, which shall include a detailed description of
how the funds proposed to be made available will be used,
with a discussion of the United States interests that will be
served by the assistance (including, as appropriate, a
description of the economic policy reforms that will be
promoted by such assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only
through the notification procedures of the Committees on
Appropriations.
compensation for united states executive directors to international
financial institutions
Sec. 537. (a) No funds appropriated by this Act may be made
as payment to any international financial institution while
the United States Executive Director to such institution is
compensated by the institution at a rate which, together with
whatever compensation such Director receives from the United
States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code, or while
any alternate United States Director to such institution is
compensated by the institution at a rate in excess of the
rate provided for an individual occupying a position at level
V of the Executive Schedule under section 5316 of title 5,
United States Code.
(b) For purposes of this section, ``international financial
institutions'' are: the International Bank for Reconstruction
and Development, the Inter-American Development Bank, the
Asian Development Bank, the Asian Development Fund, the
African Development Bank, the African Development Fund, the
International Monetary Fund, and the European Bank for
Reconstruction and Development.
Compliance With United Nations Sanctions Against Iraq
Sec. 538. (a) Denial of Assistance.--None of the funds
appropriated or otherwise made available pursuant to this Act
to carry out the Foreign Assistance Act of 1961 (including
title IV of chapter 2 of part I, relating to the Overseas
Private Investment Corporation) or the Arms Export Control
Act may be used to provide assistance to any country that is
not in compliance with the United Nations Security Council
sanctions against Iraq unless the President determines and so
certifies to the Congress that--
(1) such assistance is in the national interest of the
United States;
(2) such assistance will directly benefit the needy people
in that country; or
(3) the assistance to be provided will be humanitarian
assistance for foreign nationals who have fled Iraq and
Kuwait.
(b) Import Sanctions.--If the President considers that the
taking of such action would promote the effectiveness of the
economic sanctions of the United Nations and the United
States imposed with respect to Iraq, and is consistent with
the national interest, the President may prohibit, for such a
period of time as he considers appropriate, the importation
into the United States of any or all products of any foreign
country that has not prohibited--
(1) the importation of products of Iraq into its customs
territory, and
(2) the export of its products to Iraq.
[[Page 946]]
pow/mia military drawdown
Sec. 539. (a) Notwithstanding any other provision of law,
the President may direct the drawdown, without reimbursement
by the recipient, of defense articles from the stocks of the
Department of Defense, defense services of the Department of
Defense, and military education and training, of an aggregate
value not to exceed $15,000,000 in fiscal year 1995, as may
be necessary to carry out subsection (b).
(b) Such defense articles, services and training may be
provided to Cambodia and Laos, under subsection (a) as the
President determines are necessary to support efforts to
locate and repatriate members of the United States Armed
Forces and civilians employed directly or indirectly by the
United States Government who remain unaccounted for from the
Vietnam War, and to ensure the safety of United States
Government personnel engaged in such cooperative efforts and
to support United States Department of Defense-sponsored
humanitarian projects associated with the POW/MIA efforts.
Any aircraft shall be provided under this section only to
Laos and only on a lease or loan basis, but may be provided
at no cost notwithstanding section 61 of the Arms Export
Control Act and may be maintained with defense articles,
services and training provided under this section.
(c) The President shall, within sixty days of the end of
any fiscal year in which the authority of subsection (a) is
exercised, submit a report to the Congress which identifies
the articles, services, and training drawn down under this
section.
(d) There are authorized to be appropriated to the
President such sums as may be necessary to reimburse the
applicable appropriation, fund, or account for defense
articles, defense services, and military education and
training provided under this section.
mediterranean excess defense articles
Sec. 540. During fiscal year 1995, the provisions of
section 573(e) of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1990, shall be
applicable, for the period specified therein, to excess
defense articles made available under sections 516 and 519 of
the Foreign Assistance Act of 1961.
priority delivery of equipment
Sec. 541. Notwithstanding any other provision of law, the
delivery of excess defense articles that are to be
transferred on a grant basis under section 516 of the Foreign
Assistance Act to NATO allies and to major non-NATO allies on
the southern and southeastern flank of NATO shall be given
priority to the maximum extent feasible over the delivery of
such excess defense articles to other countries.
israel drawdown
Sec. 542. Section 599B(a) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1991 (as
amended by Public Law 102-145, as amended, and Public Law
102-391), is further amended--
(a) by striking out ``fiscal year 1994'' and inserting in
lieu thereof ``fiscal year 1995'';
(b) by striking out ``Appropriations Act, 1994'' and
inserting in lieu thereof ``Appropriations Act, 1995''; and
(c) by striking out ``$700,000,000'' and inserting in lieu
thereof ``$775,000,000''.
cash flow financing
Sec. 543. For each country that has been approved for cash
flow financing (as defined in section 25(d) of the Arms
Export Control Act, as added by section 112(b) of Public Law
99-83) under the Foreign Military Financing Program, any
Letter of Offer and Acceptance or other purchase agreement,
or any amendment thereto, for a procurement in excess of
$100,000,000 that is to be financed in whole or in part with
funds made available under this Act shall be submitted
through the regular notification procedures to the Committees
on Appropriations.
authorities for the peace corps, the inter-american foundation and the
african development foundation
Sec. 544. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for foreign operations, export financing, and related
programs, shall not be construed to prohibit activities
authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act, or the African Development
Foundation Act. The appropriate agency shall promptly report
to the Committees on Appropriations whenever it is conducting
activities or is proposing to conduct activities in a country
for which assistance is prohibited.
impact on jobs in the United States
Sec. 545. None of the funds appropriated by this Act may be
obligated or expended to provide--
(a) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce
the number of employees of such business enterprise in the
United States because United States production is being
replaced by such enterprise outside the United States;
(b) assistance for the purpose of establishing or
developing in a foreign country any export processing zone or
designated area in which the tax, tariff, labor, environment,
and safety laws of that country do not apply, in part or in
whole, to activities carried out within that zone or area,
unless the President determines and certifies that such
assistance is not likely to cause a loss of jobs within the
United States; or
(c) assistance for any project or activity that contributes
to the violation of internationally recognized workers
rights, as defined in section 502(a)(4) of the Trade Act of
1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That in
recognition that the application of this subsection should be
commensurate with the level of development of the recipient
country and sector, the provisions of this subsection shall
not preclude assistance for the informal sector in such
country, micro and small-scale enterprise, and smallholder
agriculture.
authority to assist bosnia-hercegovina
Sec. 546. (a) Congress finds as follows:
(1) The United Nations has imposed an embargo on the
transfer of arms to any country on the territory of the
former Yugoslavia.
(2) The federated states of Serbia and Montenegro have a
large supply of military equipment and ammunition and the
Serbian forces fighting the government of Bosnia-Hercegovina
have more than one thousand battle tanks, armored vehicles,
and artillery pieces.
(3) Because the United Nations arms embargo is serving to
sustain the military advantage of the aggressor, the United
Nations should exempt the government of Bosnia-Hercegovina
from its embargo.
(b) Pursuant to a lifting of the United Nations arms
embargo, or to a unilateral lifting of the arms embargo by
the President of the United States, against Bosnia-
Hercegovina, the President is authorized to transfer to the
government of that nation, without reimbursement, defense
articles from the stocks of the Department of Defense of an
aggregate value not to exceed $50,000,000 in fiscal year
1995: Provided, That the President certifies in a timely
fashion to the Congress that--
(1) the transfer of such articles would assist that nation
in self-defense and thereby promote the security and
stability of the region; and
(2) United States allies are prepared to join in such a
military assistance effort.
(c) Within 60 days of any transfer under the authority
provided in subsection (b), and every 60 days thereafter, the
President shall report in writing to the Speaker of the House
of Representatives and the President pro tempore of the
Senate concerning the articles transferred and the
disposition thereof.
(d) There are authorized to be appropriated to the
President such sums as may be necessary to reimburse the
applicable appropriation, fund, or account for defense
articles provided under this section.
(e) If the President determines that doing so will
contribute to a just resolution of charges regarding genocide
or other violations of international law in the former
Yugoslavia, the authority of section 552(c) of the Foreign
Assistance Act of 1961, as amended, may be used to provide up
to $25,000,000 of commodities and services to the United
Nations War Crimes Tribunal, without regard to the ceiling
limitation contained in paragraph (2) thereof: Provided, That
the determination required under this subsection shall be in
lieu of any determinations otherwise required under section
552(c).
special authorities
Sec. 547. (a) Funds appropriated in title II of this Act
that are made available for Haiti, Afghanistan, Lebanon, and
Cambodia, and for victims of war, displaced children,
displaced Burmese, humanitarian assistance for Romania, and
humanitarian assistance for the peoples of Bosnia-
Hercegovina, Croatia, and Kosova, may be made available
notwithstanding any other provision of law: Provided, That
any such funds that are made available for Cambodia shall be
subject to the provisions of section 531(e) of the Foreign
Assistance Act of 1961 and section 906 of the International
Security and Development Cooperation Act of 1985: Provided
further, That the President shall terminate assistance to any
Cambodian organization that he determines is cooperating,
tactically or strategically, with the Khmer Rouge in their
military operations.
(b) Funds appropriated by this Act to carry out the
provisions of sections 103 through 106 of the Foreign
Assistance Act of 1961 may be used, notwithstanding any other
provision of law, for the purpose of supporting tropical
forestry and energy programs aimed at reducing emissions of
greenhouse gases with regard to the key countries in which
deforestation and energy policy would make a significant
contribution to global warming: Provided, That such
assistance shall be subject to sections 116, 502B, and 620A
of the Foreign Assistance Act of 1961.
(c) During fiscal year 1995, the President may use up to
$50,000,000 under the authority of section 451 of the Foreign
Assistance Act of 1961, notwithstanding the funding ceiling
contained in subsection (a) of that section.
(d) The Agency for International Development may employ
personal services contractors, notwithstanding any other
provision of law, for the purpose of administering programs
for the West Bank and Gaza.
policy on terminating the arab league boycott of israel
Sec. 548. (a) Findings.--The Congress finds that--
(1) since 1948 the Arab countries have maintained a primary
boycott against Israel, refusing to do business with Israel;
(2) since the early 1950s the Arab League has maintained a
secondary and tertiary boycott against American and other
companies that have commercial ties with Israel;
[[Page 947]]
(3) the boycott seeks to coerce American firms by
blacklisting those that do business with Israel and harm
America's competitiveness;
(4) the United States has a longstanding policy opposing
the Arab League boycott and United States law prohibits
American firms from providing information to Arab countries
to demonstrate compliance with the boycott;
(5) with real progress being made in the Middle East peace
process and the serious confidence-building measures taken by
the State of Israel an end to the Arab boycott of Israel and
of American companies that have commercial ties with Israel
is long overdue and would represent a significant confidence-
building measure; and
(6) in the interest of Middle East peace and free commerce,
the President must take more concrete steps to press the Arab
states to end their practice of blacklisting and boycotting
American companies that have trade ties with Israel.
(b) Policy.--It is the sense of the Congress that--
(1) the Arab League countries should immediately and
publicly renounce the primary boycott of Israel and the
secondary and tertiary boycott of American firms that have
commercial ties with Israel and
(2) the President should--
(A) take more concrete steps to encourage vigorously Arab
League countries to renounce publicly the primary boycotts of
Israel and the secondary and tertiary boycotts of American
firms that have commercial relations with Israel as a
confidence-building measure;
(B) take into consideration the participation of any
recipient country in the primary boycott of Israel and the
secondary and tertiary boycotts of American firms that have
commercial relations with Israel when determining whether to
sell weapons to said country;
(C) report to Congress on the specific steps being taken by
the President to bring about a public renunciation of the
Arab primary boycott of Israel and the secondary and tertiary
boycotts of American firms that have commercial relations
with Israel; and
(D) encourage the allies and trading partners of the United
States to enact laws prohibiting businesses from complying
with the boycott and penalizing businesses that do comply.
ANTI-NARCOTICS ACTIVITIES
Sec. 549. (a) Of the funds appropriated by this Act under
the heading ``Economic Support Fund'', assistance may be
provided to strengthen the administration of justice in
countries in Latin America and the Caribbean in accordance
with the provisions of section 534 of the Foreign Assistance
Act of 1961, except that programs to enhance protection of
participants in judicial cases may be conducted
notwithstanding section 660 of that Act.
(b) Funds made available pursuant to this section may be
made available notwithstanding the third sentence of section
534(e) of the Foreign Assistance Act of 1961. Funds made
available pursuant to subsection (a)(1) for Bolivia, Colombia
and Peru and subsection (a)(2) may be made available
notwithstanding section 534(c) and the second sentence of
section 534(e) of the Foreign Assistance Act of 1961.
ELIGIBILITY FOR ASSISTANCE
Sec. 550. (a) Assistance Through Nongovernmental
Organizations.--Restrictions contained in this or any other
Act with respect to assistance for a country shall not be
construed to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this
Act to carry out the provisions of chapters 1 and 10 of part
I of the Foreign Assistance Act of 1961: Provided, That the
President shall take into consideration, in any case in which
a restriction on assistance would be applicable but for this
subsection, whether assistance in support of programs of
nongovernmental organizations is in the national interest of
the United States: Provided further, That before using the
authority of this subsection to furnish assistance in support
of programs of nongovernmental organizations, the President
shall notify the Committees on Appropriations under the
regular notification procedures of those committees,
including a description of the program to be assisted, the
assistance to be provided, and the reasons for furnishing
such assistance: Provided further, That nothing in this
subsection shall be construed to alter any existing statutory
prohibitions against abortion or involuntary sterilizations
contained in this or any other Act.
(b) Public Law 480.--During fiscal year 1995, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under titles I and II of the Agricultural Trade Development
and Assistance Act of 1954: Provided, That none of the funds
appropriated to carry out title I of such Act and made
available pursuant to this subsection may be obligated or
expended except as provided through the regular notification
procedures of the Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 529 of this Act or any
comparable provision of law prohibiting assistance to
countries that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that violate internationally
recognized human rights.
EARMARKS
Sec. 551. (a) Funds appropriated by this Act which are
earmarked may be reprogrammed for other programs within the
same account notwithstanding the earmark if compliance with
the earmark is made impossible by operation of any provision
of this or any other Act or, with respect to a country with
which the United States has an agreement providing the United
States with base rights or base access in that country, if
the President determines that the recipient for which funds
are earmarked has significantly reduced its military or
economic cooperation with the United States since enactment
of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1991; however, before exercising
the authority of this subsection with regard to a base rights
or base access country which has significantly reduced its
military or economic cooperation with the United States, the
President shall consult with, and shall provide a written
policy justification to the Committees on Appropriations:
Provided, That any such reprogramming shall be subject to the
regular notification procedures of the Committees on
Appropriations: Provided further, That assistance that is
reprogrammed pursuant to this subsection shall be made
available under the same terms and conditions as originally
provided.
(b) In addition to the authority contained in subsection
(a), the original period of availability of funds
appropriated by this Act and administered by the Agency for
International Development that are earmarked for particular
programs or activities by this or any other Act shall be
extended for an additional fiscal year if the Administrator
of such agency determines and reports promptly to the
Committees on Appropriations that the termination of
assistance to a country or a significant change in
circumstances makes it unlikely that such earmarked funds can
be obligated during the original period of availability:
Provided, That such earmarked funds that are continued
available for an additional fiscal year shall be obligated
only for the purpose of such earmark.
CEILINGS AND EARMARKS
Sec. 552. Ceilings and earmarks contained in this Act shall
not be applicable to funds or authorities appropriated or
otherwise made available by any subsequent Act unless such
Act specifically so directs.
EXCESS DEFENSE ARTICLES
Sec. 553. The authority of section 519 of the Foreign
Assistance Act of 1961, as amended, may be used in fiscal
year 1994 to provide nonlethal excess defense articles to
countries for which United States foreign assistance has been
requested and for which receipt of such articles was
separately justified for the fiscal year, without regard to
the restrictions in subsection (a) of section 519.
PROHIBITION ON PUBLICITY OR PROPAGANDA
Sec. 554. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before the date of enactment
of this Act by the Congress.
DISADVANTAGED ENTERPRISES
Sec. 555. (a) Except to the extent that the Administrator
of the Agency for International Development determines
otherwise, not less than 10 percent of the aggregate amount
made available for the current fiscal year for the
``Development Assistance Fund'', ``Population, Development
Assistance'', and the ``Development Fund for Africa'' shall
be made available only for activities of United States
organizations and individuals that are--
(1) business concerns owned and controlled by socially and
economically disadvantaged individuals,
(2) historically black colleges and universities,
(3) colleges and universities having a student body in
which more than 40 per centum of the students are Hispanic
American, and
(4) private voluntary organizations which are controlled by
individuals who are socially and economically disadvantaged.
(b)(1) In addition to other actions taken to carry out this
section, the actions described in paragraphs (2) through (5)
shall be taken with respect to development assistance and
assistance for sub-Saharan Africa for the current fiscal
year.
(2) Notwithstanding any other provision of law, in order to
achieve the goals of this section, the Administrator--
(A) to the maximum extent practicable, shall utilize the
authority of section 8(a) of the Small Business Act (15
U.S.C. 637(a));
(B) to the maximum extent practicable, shall enter into
contracts with small business concerns owned and controlled
by socially and economically disadvantaged individuals, and
organizations contained in paragraphs (2) through (4) of
subsection (a)--
(i) using less than full and open competitive procedures
under such terms and conditions as the Administrator deems
appropriate, and
(ii) using an administrative system for justifications and
approvals that, in the Administrator's discretion, may best
achieve the purpose of this section; and
(C) shall issue regulations to require that any contract in
excess of $500,000 contain a provision requiring that no less
than 10 per centum of the dollar value of the contract be
subcontracted to entities described in subsection (a),
except--
(i) to the extent the Administrator determines otherwise on
a case-by-case or category-of-contract basis; and
[[Page 948]]
(ii) this subparagraph does not apply to any prime
contractor that is an entity described in subsection (a).
(3) Each person with contracting authority who is attached
to the Agency's headquarters in Washington, as well as all
Agency missions and regional offices, shall notify the
Agency's Office of Small and Disadvantaged Business
Utilization at least seven business days before advertising a
contract in excess of $100,000, except to the extent that the
Administrator determines otherwise on a case-by-case or
category-of-contract basis.
(4) The Administrator shall include, as part of the
performance evaluation of any mission director of the agency,
the mission director's efforts to carry out this section.
(5) The Administrator shall submit to the Congress annual
reports on the implementation of this section. Each such
report shall specify the number and dollar value or amount
(as the case may be) of prime contracts, subcontracts,
grants, and cooperative agreements awarded to entities
described in subsection (a) during the preceding fiscal year.
(c) As used in this section, the term ``socially and
economically disadvantaged individuals'' has the same meaning
that term is given for purposes of section 8(d) of the Small
Business Act, except that the term includes women.
USE OF AMERICAN RESOURCES
Sec. 556. To the maximum extent possible, assistance
provided under this Act should make full use of American
resources, including commodities, products, and services.
limitations on assistance for nicaragua
Sec. 557. (a) Funds appropriated by this Act under the
heading ``Economic Support Fund'' may only be made available
to the Government of Nicaragua upon the notification, in
writing, by the Secretary of State to the appropriate
committees that he has determined that significant and
tangible progress is being made by the Government of
Nicaragua toward--
(1) the prosecution of any individual identified as part of
a terrorist/kidnapping ring by the investigation of issues
raised by the discovery, after the May 23 explosion in
Managua, of weapons caches, false passports, identity papers
and other documents, suggesting the existence of such a ring,
including all government officials (including any members of
the armed forces or security forces);
(2) the resolution of expropriation claims and the
effective compensation of legitimate claims;
(3) the timely implementation of recommendations made by
the Tripartite Commission as it undertakes to review and
identify those responsible for gross human rights violations,
including the expeditious prosecution of individuals
identified by the commission in connection with such
violations;
(4) the enactment into law of legislation to reform the
Nicaraguan military and security forces in order to guarantee
civilian control over the armed forces;
(5) the establishment of civilian control over the police,
and the independence of the police from the military; and
(6) the effective reform of the Nicaraguan judicial system.
(b) The notification pursuant to subsection (a) above shall
include a detailed listing of the tangible evidence that
forms the basis for such determination.
(c) For purposes of this section, the term ``appropriate
committees'' means the Committees on Foreign Relations and
Appropriations of the Senate and Committees on Foreign
Affairs and Appropriations of the House of Representatives.
prohibition of payments to united nations members
Sec. 558. None of the funds appropriated or made available
pursuant to this Act for carrying out the Foreign Assistance
Act of 1961, may be used to pay in whole or in part any
assessments, arrearages, or dues of any member of the United
Nations.
consulting services
Sec. 559. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order pursuant to existing
law.
private voluntary organizations--documentation
Sec. 560. None of the funds appropriated or made available
pursuant to this Act shall be available to a private
voluntary organization which fails to provide upon timely
request any document, file, or record necessary to the
auditing requirements of the Agency for International
Development, nor shall any of the funds appropriated by this
Act be made available to any private voluntary organization
which is not registered with the Agency for International
Development.
special debt relief for the poorest
Sec. 561. (a)(1) Authority To Reduce Debt.--The President
may reduce amounts owed to the United States (or any agency
of the United States) by an eligible country as a result of--
(A) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961; or
(B) credits extended or guarantees issued under the Arms
Export Control Act.
(2) Limitations.--
(A) The authority provided by paragraph (1) may be
exercised only to implement multilateral official debt relief
and referendum agreements, commonly referred to as ``Paris
Club Agreed Minutes''.
(B) The authority provided by paragraph (1) may be
exercised only in such amounts or to such extent as is
provided in advance by appropriations Acts.
(C) The authority provided by paragraph (1) may be
exercised only with respect to countries with heavy debt
burdens that are eligible to borrow from the International
Development Association, but not from the International Bank
for Reconstruction and Development, commonly referred to as
``IDA-only'' countries.
(3) Conditions.--The authority provided by paragraph (1)
may be exercised only with respect to a country whose
government--
(A) does not have an excessive level of military
expenditures;
(B) has not repeatedly provided support for acts of
international terrorism;
(C) is not failing to cooperate on international narcotics
control matters; and
(D) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of
internationally recognized human rights.
(4) Availability of Funds.--The authority provided by
paragraph (1) may be used only with regard to funds
appropriated by this Act under the heading ``Debt
Restructuring''.
(5) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to paragraph (1) shall not be considered assistance
for purposes of any provision of law limiting assistance to a
country.
guarantees
Sec. 562. Section 251(b)(2)(G) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking
``1994'' and inserting in lieu thereof ``1994 and 1995'' in
both places that this appears.
PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT LETHAL
MILITARY EQUIPMENT TO COUNTRIES SUPPORTING INTERNATIONAL TERRORISM
Sec. 563. (a) None of the funds appropriated or otherwise
made available by this Act may be available to any foreign
government which provides lethal military equipment to a
country the government of which the Secretary of State has
determined is a terrorist government for purposes of section
40(d) of the Arms Export Control Act. The prohibition under
this section with respect to a foreign government shall
terminate 12 months after that government ceases to provide
such military equipment. This section applies with respect to
lethal military equipment provided under a contract entered
into after the date of enactment of this Act.
(b) Assistance restricted by subsection (a) or any other
similar provision of law, may be furnished if the President
determines that furnishing such assistance is important to
the national interests of the United States.
(c) Whenever the waiver of subsection (b) is exercised, the
President shall submit to the appropriate congressional
committees a report with respect to the furnishing of such
assistance. Any such report shall include a detailed
explanation of the assistance to be provided, including the
estimated dollar amount of such assistance, and an
explanation of how the assistance furthers United States
national interests.
withholding of assistance for parking fines owed by foreign countries
Sec. 564. (a) In General.--Of the funds made available for
a foreign country under part I of the Foreign Assistance Act
of 1961, an amount equivalent to 110 percent of the total
unpaid fully adjudicated parking fines and penalties owed to
the District of Columbia by such country as of the date of
enactment of this Act shall be withheld from obligation for
such country until the Secretary of State certifies and
reports in writing to the appropriate congressional
committees that such fines and penalties are fully paid to
the government of the District of Columbia.
(b) Definition.--For purposes of this section, the term
``appropriate congressional committees'' means the Committee
on Foreign Relations and the Committee on Appropriations of
the Senate and the Committee on Foreign Affairs and the
Committee on Appropriations of the House of Representatives.
limitation on assistance for the plo for the west bank and gaza
Sec. 565. None of the funds appropriated by this Act may be
obligated for assistance for the Palestine Liberation
Organization for the West Bank and Gaza unless the President
has exercised the authority under section 583(a) of the
Middle East Peace Facilitation Act of 1994 (part E of title V
of Public Law 103-236) or any other legislation to suspend or
make inapplicable section 307 of the Foreign Assistance Act
of 1961 and that suspension is still in effect: Provided,
That if the President fails to make the certification under
section 583(b)(2) of the Middle East Peace Facilitation Act
or to suspend the prohibition under other legislation, funds
appropriated by this Act may not be obligated for assistance
for the Palestine Liberation Organization for the West Bank
and Gaza unless the President determines that it is in the
national interest to do so and so reports to the Congress.
procurement reduction
Sec. 566. (a) Of the budgetary resources available to the
Agency for International Development during fiscal year 1995,
$1,598,000 are permanently canceled.
[[Page 949]]
(b) The Administrator of the Agency for International
Development shall allocate the amount of budgetary resources
canceled among the Agency's accounts available for
procurement and procurement-related expenses. Amounts
available for procurement and procurement-related expenses in
each such account shall be reduced by the amount allocated to
such account.
(c) For the purposes of this section, the definition of
``procurement'' includes all stages of the process of
acquiring property or services, beginning with the process of
determining a need for a product or services and ending with
contract completion and closeout, as specified in section
403(a)(2) of title 41, United States Code.
implementation of wapenhans report recommendations
Sec. 567. Funds appropriated by title I of this Act under
the headings ``Contribution to the International Bank for
Reconstruction and Development'', ``Contribution to the
International Development Association'', and ``Contribution
to the International Finance Corporation'' shall not be
available for payment to any such institution unless the
Secretary of the Treasury (1) determines that the
recommendations contained in the report entitled Report of
the Portfolio Management Task Force (commonly referred to as
the ``Wapenhans Report'') continue to be implemented, and (2)
reports that determination to the Committee on Appropriations
and the Committee on Banking, Finance and Urban Affairs of
the House of Representatives and the Committee on
Appropriations and the Committee on Foreign Relations of the
Senate.
restrictions on assistance to russia
Sec. 568. (a) Restriction.--None of the funds appropriated
or otherwise made available by this Act may be obligated for
assistance for the Government of Russia after December 31,
1994, unless it has been made known to the President that all
armed forces of Russia and the Commonwealth of Independent
States have been removed from all Baltic countries or that
the status of those armed forces have been otherwise resolved
by mutual agreement of the parties.
(b) Exemption.--Subsection (a) does not apply to assistance
that involves the provision of student exchange programs,
food, clothing, medicine, or other humanitarian assistance or
to housing assistance for officers of the armed forces of
Russia or the Commonwealth of Independent States who are
removed from the territory of Estonia, Latvia, and Lithuania.
(c) Waiver.--Subsection (a) does not apply if after
December 31, 1994, the President determines that the
provision of funds to the Government of Russia is in the
national interest.
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1995''.
It was decided in the
Yeas
426
<3-line {>
affirmative
Nays
1
Para. 56.22 [Roll No. 204]
AYES--426
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--1
Traficant
NOT VOTING--11
Abercrombie
Blackwell
Faleomavaega (AS)
Grandy
Horn
Inslee
Johnson, Sam
Slaughter
Underwood (GU)
Washington
Waxman
So the committee amendment in the nature of a substitute was agreed
to.
After some further time,
Para. 56.23 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. CALLAHAN:
Page 32, line 1, strike ``$900,000,000'' and insert
``$552,000,000''; line 4, before the period insert ``:
Provided further, That none of the funds appropriated by this
paragraph may be made available for programs in Russia, other
than humanitarian assistance programs''; strike lines 5
through 19; line 20, strike ``(d)'' and insert ``(b)''; page
33, line 16, strike ``(e)'' and insert ``(c)''; page 34, line
1, strike ``(f)'' and insert ``(d)''; line 4, strike ``(g)''
and insert ``(e)''; and line 6, strike ``(h)'' and insert
``(f)''.
It was decided in the
Yeas
144
<3-line {>
negative
Nays
286
Para. 56.24 [Roll No. 205]
AYES--144
Allard
Andrews (NJ)
Applegate
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Barton
Bilirakis
Blute
Bonilla
Brewster
Bunning
Burton
Buyer
Callahan
Camp
Canady
Chapman
Coble
Collins (GA)
Combest
Condit
Costello
Cox
Crane
Crapo
Cunningham
Danner
DeFazio
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Duncan
Everett
Ewing
Fawell
Fields (LA)
Fields (TX)
Fowler
Franks (CT)
Gallegly
Gekas
Geren
Gillmor
Goodlatte
Goodling
Goss
Grams
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Hefner
Herger
Hobson
Hoekstra
Hoke
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Jacobs
Johnson, Sam
Kaptur
Kasich
Kim
Kingston
Klink
Klug
Kyl
Laughlin
Lehman
Lewis (FL)
Lucas
Machtley
Manzullo
McCandless
[[Page 950]]
McHugh
McInnis
McKeon
Mfume
Miller (FL)
Molinari
Moorhead
Myers
Nussle
Packard
Paxon
Peterson (MN)
Pombo
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Regula
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Sanders
Santorum
Sarpalius
Schaefer
Sensenbrenner
Shuster
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (WY)
Thurman
Traficant
Valentine
Vucanovich
Walker
Young (FL)
Zimmer
NOES--286
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Bacchus (FL)
Baesler
Barca
Barlow
Barrett (WI)
Bartlett
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bishop
Bliley
Boehlert
Boehner
Bonior
Borski
Boucher
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Calvert
Cantwell
Cardin
Carr
Castle
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Cooper
Coppersmith
Coyne
Cramer
Darden
de la Garza
de Lugo (VI)
Deal
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Dreier
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Farr
Fazio
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (NJ)
Frost
Furse
Gallo
Gejdenson
Gephardt
Gibbons
Gilchrest
Gilman
Gingrich
Glickman
Gonzalez
Gordon
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Houghton
Hoyer
Hughes
Istook
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kennedy
Kennelly
Kildee
King
Kleczka
Klein
Knollenberg
Kolbe
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Levin
Levy
Lewis (CA)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mica
Michel
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Petri
Pickett
Pickle
Pomeroy
Porter
Price (NC)
Rangel
Reed
Reynolds
Richardson
Ridge
Roberts
Roemer
Romero-Barcelo (PR)
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sangmeister
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Talent
Tanner
Tejeda
Thomas (CA)
Thompson
Thornton
Torkildsen
Torres
Towns
Underwood (GU)
Unsoeld
Upton
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Zeliff
NOT VOTING--8
Blackwell
Faleomavaega (AS)
Grandy
Horn
Torricelli
Tucker
Washington
Young (AK)
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. OBEY, assumed the Chair.
When Mr. RICHARDSON, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
Para. 56.25 message from the president--national emergency with respect
to yugoslavia
The SPEAKER pro tempore, Mr. OBEY, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d))
provides for the automatic termination of a national emergency unless,
prior to the anniversary date of its declaration, the President
publishes in the Federal Register and transmits to the Congress a notice
stating that the emergency is to continue in effect beyond the
anniversary date. In accordance with this provision, I have sent the
enclosed notice, stating that the emergency declared with respect to the
Federal Republic of Yugoslavia (Serbia and Montenegro) is to continue in
effect beyond May 30, 1994, to the Federal Register for publication.
The circumstances that led to the declaration on May 30, 1992, of a
national emergency have not been resolved. The Government of the Federal
Republic of Yugoslavia (Serbia and Montenegro) continues to support
groups seizing and attempting to seize territory in the Republics of
Croatia and Bosnia-Herzegovina by force and violence. The actions and
policies of the Federal Republic of Yugoslavia (Serbia and Montenegro)
pose a continuing unusual and extraordinary threat to the national
security, vital foreign policy interests, and the economy of the United
States. For these reasons, I have determined that it is necessary to
maintain in force the broad authorities necessary to apply economic
pressure to the Government of the Federal Republic of Yugoslavia (Serbia
and Montenegro) to reduce its ability to support the continuing civil
strife in the former Yugoslavia.
William J. Clinton.
The White House, May 25, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Foreign Affairs and ordered to
be printed (H. Doc. 103-262).
Para. 56.26 recess--6:47 p.m.
The SPEAKER pro tempore, Mr. OBEY, pursuant to clause 12 of rule I,
declared the House in recess at 6 o'clock and 47 minutes p.m., subject
to the call of the Chair.
Para. 56.27 after recess--7:30 p.m.
The SPEAKER pro tempore, Mr. FROST, called the House to order.
Para. 56.28 further message from the senate
A further message from the Senate by Mr. Hallen, one of its clerks,
announced that the Senate had passed a concurrent resolution of the
following title, in which the concurrence of the House is requested:
S. Con. Res. 70. Concurrent resolution providing for a
conditional recess or adjournment of the Senate on Wednesday,
May 25, 1994, Thursday, May 26, 1994, Friday, May 27, 1994,
or Saturday, May 28, 1994, until Tuesday, June 7, 1994, and a
conditional adjournment of the House on Thursday, May 26,
1994, until Wednesday, June 8, 1994.
The message also announced that the Senate agreed to the report of the
committee of conference on the disagreeing votes of the two Houses on
the amendment of the House to the bill (S. 24) ``An Act to reauthorize
the independent counsel law for an additional 5 years, and for other
purposes.''.
Para. 56.29 foreign aid appropriations
The SPEAKER pro tempore, Mr. FROST, pursuant to House Resolution 443
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 4426) making appropriations for foreign operations,
export financing, and related programs for the fiscal year ending
September 30, 1995.
Mr. RICHARDSON, Chairman of the Committee of the Whole, resumed the
chair; and after some time spent therein,
Para. 56.30 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. BURTON:
At the end of the bill, insert after the last section
(preceding the short title) the following new section:
limitation on funds for south african assistance program
Sec. . Of the funds made available in this Act, the amount
that may be used to support the South African Assistance
Program shall not exceed the amount used for such purpose
during fiscal year 1994.
It was decided in the
Yeas
103
<3-line {>
negative
Nays
321
Para. 56.31 [Roll No. 206]
AYES--103
Allard
Andrews (NJ)
Archer
Armey
Baker (CA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bilirakis
Blute
[[Page 951]]
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Canady
Coble
Collins (GA)
Combest
Condit
Cox
Crane
Crapo
Cunningham
Danner
DeLay
Diaz-Balart
Doolittle
Dornan
Dreier
Duncan
Everett
Ewing
Fields (TX)
Fowler
Goodlatte
Grams
Hancock
Hansen
Hastert
Hefley
Herger
Hoekstra
Hoke
Hunter
Inglis
Inhofe
Istook
Johnson, Sam
Kim
Kingston
Kyl
Lewis (FL)
Linder
Machtley
Manzullo
McCandless
McCollum
McHugh
McInnis
McKeon
McMillan
Mica
Miller (FL)
Moorhead
Myers
Nussle
Packard
Paxon
Peterson (MN)
Petri
Pombo
Quillen
Ramstad
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Schaefer
Sensenbrenner
Shaw
Shuster
Smith (MI)
Smith (OR)
Smith (TX)
Solomon
Stearns
Stump
Talent
Taylor (NC)
Thomas (WY)
Walker
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--321
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Bachus (AL)
Baesler
Baker (LA)
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bishop
Bliley
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Calvert
Camp
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dickey
Dicks
Dingell
Dixon
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodling
Gordon
Goss
Green
Greenwood
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Holden
Houghton
Hoyer
Huffington
Hughes
Hutchinson
Hutto
Hyde
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
King
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (GA)
Lightfoot
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCrery
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Michel
Miller (CA)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Pickett
Pickle
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quinn
Rahall
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roemer
Romero-Barcelo (PR)
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Wheat
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--14
Blackwell
Dooley
Faleomavaega (AS)
Ford (MI)
Grandy
Gunderson
Hall (TX)
Horn
McCurdy
McDade
Moran
Spence
Washington
Whitten
So the amendment was not agreed to.
After some further time,
Para. 56.32 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. BEILENSON:
At the end of the bill, insert after the last section
(preceding the short title) the following new section:
certain reductions for additional population development assistance
funding
Sec. 569. (a) Reductions.--Each amount appropriated or
otherwise made available by this Act is hereby reduced by .75
percent.
(b) Additional Population Development Assistance Funding.--
The amount otherwise provided by title II for ``Population,
Development Assistance'' is hereby increased by $100,000,000.
It was decided in the
Yeas
54
<3-line {>
negative
Nays
371
Para. 56.33 [Roll No. 207]
AYES--54
Abercrombie
Allard
Beilenson
Boehlert
Bonior
Brown (CA)
Brown (OH)
Bryant
DeFazio
Derrick
Edwards (CA)
English
Eshoo
Farr
Fawell
Filner
Gilchrest
Gordon
Hamburg
Hoagland
Inslee
Jacobs
Kopetski
Kreidler
Lambert
Leach
Lloyd
McDermott
McKinney
Meyers
Miller (CA)
Minge
Mink
Moran
Morella
Neal (NC)
Pastor
Payne (VA)
Price (NC)
Rostenkowski
Sanders
Sawyer
Schroeder
Sharp
Skaggs
Slaughter
Stark
Strickland
Studds
Swift
Synar
Valentine
Velazquez
Waters
NOES--371
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehner
Bonilla
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
Engel
Evans
Everett
Ewing
Fields (LA)
Fields (TX)
Fingerhut
Flake
Foglietta
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kyl
LaFalce
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meehan
Meek
Menendez
Mfume
Mica
Michel
Miller (FL)
Mineta
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Murtha
Myers
Nadler
Neal (MA)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Paxon
Payne (NJ)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
[[Page 952]]
Sangmeister
Santorum
Sarpalius
Saxton
Schaefer
Schenk
Schiff
Schumer
Scott
Sensenbrenner
Serrano
Shaw
Shays
Shepherd
Shuster
Sisisky
Skeen
Skelton
Slattery
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stokes
Stump
Stupak
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Watt
Waxman
Weldon
Wheat
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--13
Blackwell
Dingell
Faleomavaega (AS)
Fazio
Fish
Ford (MI)
Grandy
Horn
McDade
Murphy
Underwood (GU)
Washington
Whitten
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. McNULTY, assumed the Chair.
When Mr. RICHARDSON, Chairman, pursuant to House Resolution 443,
reported the bill back to the House with an amendment adopted by the
Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for foreign
operations, export financing, and related programs for the
fiscal year ending September 30, 1995, and for other
purposes, namely:
TITLE I--MULTILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
International Financial Institutions
contribution to the International bank for reconstruction and
development
For payment to the International Bank for Reconstruction
and Development by the Secretary of the Treasury, for the
United States share of the paid-in share portion of the
increases in capital stock for the General Capital Increase,
$23,009,101, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal
year limitation to the callable capital portion of the United
States share of increases in capital stock in an amount not
to exceed $743,923,914.
For payment to the International Bank for Reconstruction
and Development by the Secretary of the Treasury, for the
United States contribution to the Global Environment Facility
(GEF), $88,800,000, to remain available until expended.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
For payment to the International Development Association by
the Secretary of the Treasury, $1,235,000,000, for the United
States contribution to the replenishment, to remain available
until expended.
contribution to the international finance corporation
For payment to the International Finance Corporation by the
Secretary of the Treasury, $68,743,028, for the United States
share of the increase in subscriptions to capital stock, to
remain available until expended: Provided, That of the amount
appropriated under this heading not more than $5,364,000 may
be expended for the purchase of such stock in fiscal year
1995.
contribution to the inter-american development bank
For payment to the Inter-American Development Bank by the
Secretary of the Treasury, for the United States share of
the paid-in share portion of the increase in capital stock,
$28,111,959, and for the United States share of the increases
in the resources of the Fund for Special Operations,
$21,338,000, and for the United States share of the capital
stock of the Inter-American Investment Corporation, $190,000,
to remain available until expended: Provided, That
$25,269,224 of the amount made available for the paid-in
share portion of the increase in capital stock, and
$20,317,000 of the resources of the Fund for Special
Operations shall be subject to the regular notification
procedures of the Committees on Appropriations.
limitation on callable capital subscriptions
The United States Governor of the Inter-American
Development Bank may subscribe without fiscal year limitation
to the callable capital portion of the United States share of
such capital stock in an amount not to exceed $1,594,568,180.
contribution to the enterprise for the americas multilateral investment
fund
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the
United States contribution to the Fund to be administered by
the Inter-American Development Bank, $75,000,000 to remain
available until expended.
contribution to the asian development fund
For the United States contribution by the Secretary of the
Treasury to the increases in resources of the Asian
Development Fund, as authorized by the Asian
Development Bank Act, as amended (Public Law 89-369),
$167,960,000, to remain available until expended.
contribution to the african development fund
For payment to the African Development Fund by the
Secretary of the Treasury, $124,229,309, for the United
States contribution to the African Development Fund, to
remain available until expended: Provided, That of the funds
appropriated under this heading, $20,000,000 shall be subject
to the regular notification procedures of the Committees on
Appropriations.
contribution to the african development bank
For payment to the African Development Bank by the
Secretary of the Treasury, for the paid-in share portion of
the United States share of the increase in capital stock,
$133,000, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank
may subscribe without fiscal year limitation to the callable
capital portion of the United States share of such capital
stock in an amount not to exceed $2,002,540.
contribution to the european bank for reconstruction and development
For payment to the European Bank for Reconstruction and
Development by the Secretary of the Treasury, $69,180,353,
for the United States share of the paid-in share portion of
the initial capital subscription, to remain available until
expended: Provided, That during fiscal year 1995 the number
of shares of stock purchased shall be not more than 600.
limitation of callable capital subscriptions
The United States Governor of the European Bank for
Reconstruction and Development may subscribe without fiscal
year limitation to the callable capital portion of the United
States share of such capital stock in an amount not to exceed
$161,420,824.
international organizations and programs
For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961, and of
section 2 of the United Nations Environment Program
Participation Act of 1973, $366,000,000: Provided, That none
of the funds appropriated under this heading shall be made
available for the United Nations Fund for Science and
Technology: Provided further, That funds appropriated under
this heading may be made available for the International
Atomic Energy Agency only if the Secretary of State
determines (and so reports to the Congress) that Israel is
not being denied its right to participate in the activities
of that Agency: Provided further, That of the funds
appropriated under this heading that are made available for
the United Nations Children's Fund (UNICEF), 75 per centum
shall be obligated and expended no later than thirty days
after the date of enactment of this Act and 25 per centum
shall be expended within thirty days from the start of
UNICEF's fourth quarter of operations for 1995: Provided
further, That none of the funds appropriated under this
heading that are made available to the United Nations
Population Fund (UNFPA) shall be made available for
activities in the People's Republic of China: Provided
further, That not more than $40,000,000 of the funds
appropriated under this heading may be made available to the
UNFPA: Provided further, That not more than one-half of this
amount may be provided to UNFPA before March 1, 1995, and
that no later than February 15, 1995, the Secretary of State
shall submit a report to the Committees on Appropriations
indicating the amount UNFPA is budgeting for the People's
Republic of China in 1995: Provided further, That any amount
UNFPA plans to spend in the People's Republic of China in
1995 above $7,000,000, shall be deducted from the amount of
funds provided to UNFPA after March 1, 1995 pursuant to the
previous provisos: Provided further, That with respect to any
funds appropriated under this heading that are made available
to UNFPA, UNFPA shall be required to maintain such funds in a
separate account and not commingle them with any other funds:
Provided further, That notwithstanding the fifth proviso of
this heading, if UNFPA decides not to initiate a new program
in China after its current program ends in 1995, up to an
additional $20,000,000 of funds appropriated under this
heading may be made available to UNFPA.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
For expenses necessary to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, to remain available until September 30, 1995,
unless otherwise specified herein, as follows:
[[Page 953]]
Agency for International Development
development assistance fund
For necessary expenses to carry out the provisions of
sections 103 through 106 of the Foreign Assistance Act of
1961, $811,000,000, to remain available until September 30,
1996.
POPULATION, DEVELOPMENT ASSISTANCE
For necessary expenses to carry out the provisions of
section 104(b), $450,000,000, to remain available until
September 30, 1996: Provided, That none of the funds made
available in this Act nor any unobligated balances from prior
appropriations may be made available to any organization or
program which, as determined by the President of the United
States, supports or participates in the management of a
program of coercive abortion or involuntary sterilization:
Provided further, That none of the funds made available under
this heading may be used to pay for the performance of
abortion as a method of family planning or to motivate or
coerce any person to practice abortions; and that in order to
reduce reliance on abortion in developing nations, funds
shall be available only to voluntary family planning projects
which offer, either directly or through referral to, or
information about access to, a broad range of family planning
methods and services: Provided further, That in awarding
grants for natural family planning under section 104 of the
Foreign Assistance Act of 1961 no applicant shall be
discriminated against because of such applicant's religious
or conscientious commitment to offer only natural family
planning; and, additionally, all such applicants shall comply
with the requirements of the previous proviso: Provided
further, That nothing in this subsection shall be construed
to alter any existing statutory prohibitions against abortion
under section 104 of the Foreign Assistance Act of 1961.
development fund for africa
For necessary expenses to carry out the provisions of
chapter 10 of part I of the Foreign Assistance Act of 1961,
$790,000,000, to remain available until September 30, 1996:
Provided, That none of the funds appropriated by this Act to
carry out chapters 1 and 10 of part I of the Foreign
Assistance Act of 1961 shall be transferred to the Government
of Zaire: Provided further, That funds appropriated under
this heading which are made available for activities
supported by the Southern Africa Development Community shall
be made available notwithstanding section 512 of this Act and
section 620(q) of the Foreign Assistance Act of 1961.
PRIVATE AND VOLUNTARY ORGANIZATIONS
None of the funds appropriated or otherwise made available
by this Act for development assistance may be made available
to any United States private and voluntary organization,
except any cooperative development organization, which
obtains less than 20 per centum of its total annual funding
for international activities from sources other than the
United States Government: Provided, That the requirements of
the provisions of section 123(g) of the Foreign Assistance
Act of 1961 and the provisions on private and voluntary
organizations in title II of the ``Foreign Assistance and
Related Programs Appropriations Act, 1985'' (as enacted in
Public Law 98-473) shall be superseded by the provisions of
this section.
INTERNATIONAL DISASTER ASSISTANCE
For necessary expenses for international disaster relief,
rehabilitation, and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961, as
amended, $169,998,000 to remain available until expended.
debt restructuring
For the cost, as defined in section 13201 of the Budget
Enforcement Act of 1990, of modifying direct loans and loan
guarantees, as the President may determine, for which funds
have been appropriated or otherwise made available for
programs within the International Affairs Budget Function
150, $7,000,000, to remain available until expended:
Provided, That it is the sense of the Congress that a program
should be developed to undertake direct buy backs of
bilateral debt from eligible poor and lower-middle income
countries with local currency offsets to fund development and
environmental activities, provided that such a program would
have no budgetary impact. The Administration should consider
how creative use of the sale of impaired Third World debts
might be used to lower debt overhangs and generate local
currencies for development and environmental activities.
micro and small enterprise development program account
For the subsidy cost of direct loans and loan guarantees,
$1,500,000, as authorized by section 108 of the Foreign
Assistance Act of 1961, as amended: Provided, That such costs
shall be as defined in section 502 of the Congressional
Budget Act of 1974. In addition, for administrative expenses
to carry out programs under this heading, $500,000, all of
which may be transferred to and merged with the appropriation
for Operating Expenses of the Agency for International
Development.
HOUSING GUARANTY PROGRAM ACCOUNT
For the subsidy cost, as defined in section 13201 of the
Budget Enforcement Act of 1990, of guaranteed loans
authorized by sections 221 and 222 of the Foreign Assistance
Act of 1961, $19,300,000: Provided, That these funds are
available to subsidize loan principal, 100 percent of which
shall be guaranteed, pursuant to the authority of such
sections: Provided further, That the President shall enter
into commitments to guarantee such loans in the full amount
provided under this heading, subject to the availability of
qualified applicants for such guarantees. In addition, for
administrative expenses to carry out guaranteed loan
programs, $8,000,000, all of which may be transferred to and
merged with the appropriation for Operating Expenses of the
Agency for International Development: Provided further, That
commitments to guarantee loans under this heading may be
entered into notwithstanding the second and third sentences
of section 222(a) and, with regard to programs for Eastern
Europe and programs for the benefit of South Africans
disadvantaged by apartheid, section 223(j) of the Foreign
Assistance Act of 1961: Provided further, That none of the
funds appropriated under this heading shall be obligated
except through the regular notification procedures of the
Committees on Appropriations.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
For payment to the ``Foreign Service Retirement and
Disability Fund'', as authorized by the Foreign Service Act
of 1980, $45,118,000.
OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT
For necessary expenses to carry out the provisions of
section 667, $517,500,000: Provided, That of this amount not
more than $900,000 may be made available to pay for printing
costs.
OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT OFFICE
OF INSPECTOR GENERAL
For necessary expenses to carry out the provisions of
section 667, $39,118,000, which sum shall be available for
the Office of the Inspector General of the Agency for
International Development.
ECONOMIC SUPPORT FUND
For necessary expenses to carry out the provisions of
chapter 4 of part II, $2,339,000,000, to remain available
until September 30, 1996: Provided, That any funds
appropriated under this heading that are made available for
Israel shall be made available on a grant basis as a cash
transfer and shall be disbursed within thirty days of
enactment of this Act or by October 31, 1994, whichever is
later: Provided further, That any funds appropriated under
this heading that are made available for Egypt shall be
provided on a grant basis, of which sum cash transfer
assistance may be provided with the understanding that Egypt
will undertake significant economic reforms which are
additional to those which were undertaken in previous fiscal
years: Provided further, That in exercising the authority to
provide cash transfer assistance for Israel and Egypt, the
President shall ensure that the level of such assistance does
not cause an adverse impact on the total level of nonmilitary
exports from the United States to each such country: Provided
further, That it is the sense of the Congress that the
recommended levels of assistance for Egypt and Israel are
based in great measure upon their continued participation in
the Camp David Accords and upon the Egyptian-Israeli peace
treaty: Provided further, That none of the funds appropriated
under this heading shall be made available for Zaire.
international fund for ireland
For necessary expenses to carry out the provisions of part
I of the Foreign Assistance Act of 1961, up to $19,600,000,
which shall be available for the United States contribution
to the International Fund for Ireland and shall be made
available in accordance with the provisions of the Anglo-
Irish Agreement Support Act of 1986 (Public Law 99-415):
Provided, That such amount shall be expended at the minimum
rate necessary to make timely payment for projects and
activities: Provided further, That funds made available under
this heading shall remain available until expended.
assistance for eastern europe and the baltic states
(a) For necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 and the Support for East
European Democracy (SEED) Act of 1989, $360,000,000, to
remain available until expended, which shall be available,
notwithstanding any other provision of law, for economic
assistance for Eastern Europe and the Baltic States.
(b) Funds appropriated under this heading or in prior
appropriations Acts that are or have been made available for
an Enterprise Fund may be deposited by such Fund in interest-
bearing accounts prior to the Fund's disbursement of such
funds for program purposes. The Fund may retain for such
program purposes any interest earned on such deposits without
returning such interest to the Treasury of the United States
and without further appropriation by the Congress. Funds made
available for Enterprise Funds shall be expended at the
minimum rate necessary to make timely payment for projects
and activities.
(c) Funds appropriated under this heading shall be
considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use
of economic assistance.
assistance for the new independent states of the former soviet union
(a) For necessary expenses to carry out the provisions of
chapter 11 of part I of the Foreign Assistance Act of 1961
and the FREEDOM Support Act, for assistance for the new
independent states of the former Soviet Union and for related
programs, $875,500,000,
[[Page 954]]
to remain available until expended: Provided, That the
provisions of 498B(j) of the Foreign Assistance Act of 1961
shall apply to funds appropriated by this paragraph.
(b) None of the funds appropriated under this heading shall
be transferred to the Government of Russia--
(1) unless that Government is making progress in
implementing comprehensive economic reforms based on market
principles, private ownership, negotiating repayment of
commercial debt, respect for commercial contracts, and
equitable treatment of foreign private investment; and
(2) if that Government applies or transfers United States
assistance to any entity for the purpose of expropriating or
seizing ownership or control of assets, investments, or
ventures.
(c) Funds may be furnished without regard to subsection (b)
if the President determines that to do so is in the national
interest.
(d) None of the funds appropriated under this heading shall
be made available to any government of the new independent
states of the former Soviet Union if that government directs
any action in violation of the territorial integrity or
national sovereignty of any other new independent state, such
as those violations included in Principle Six of the Helsinki
Final Act: Provided, That such funds may be made available
without regard to the restriction in this subsection if the
President determines that to do so is in the national
interest of the United States: Provided further, That the
restriction of this subsection shall not apply to the use of
such funds for the provision of assistance for purposes of
humanitarian, disaster and refugee relief: Provided further,
That thirty days after the date of enactment of this Act, and
then annually thereafter, the Secretary of State shall report
to the Committees on Appropriations on steps taken by the
governments of the new independent states concerning
violations referred to in this subsection: Provided further,
That in preparing this report the Secretary shall consult
with the United States Representative to the Conference on
Security and Cooperation in Europe.
(e) None of the funds appropriated under this heading for
the new independent states of the former Soviet Union shall
be made available for any state to enhance its military
capability: Provided, That this restriction does not apply to
demilitarization, defense conversion or non-proliferation
programs, or programs to support troop withdrawal including
through the support of an officer resettlement program, and
technical assistance for the housing sector.
(f) Funds appropriated under this heading shall be subject
to the regular reprogramming procedures of the Committees on
Appropriations.
(g) Funds appropriated under this heading may be made
available for assistance for Mongolia.
(h) Funds made available in this Act for assistance to the
new independent states of the former Soviet Union shall be
provided to the maximum extent feasible through the private
sector, including private voluntary organizations and
nongovernmental organizations functioning in the new
independent states.
Independent Agencies
african development foundation
For necessary expenses to carry out the provisions of title
V of the International Security and Development Cooperation
Act of 1980, Public Law 96-533, and to make such contracts
and commitments without regard to fiscal year limitations, as
provided by section 9104, title 31, United States Code,
$16,905,000: Provided, That, when, with the permission of the
President of the Foundation, funds made available to a
grantee under this heading are invested pending disbursement,
the resulting interest is not required to be deposited in the
United States Treasury if the grantee uses the resulting
interest for the purpose for which the grant was made:
Provided further, That this provision applies with respect to
both interest earned before and interest earned after the
enactment of this provision: Provided further, That
notwithstanding section 505(a)(2) of the African Development
Foundation Act, in exceptional circumstances the board of
directors of the Foundation may waive the dollar limitation
contained in that section with respect to a project: Provided
further, That the Foundation shall provide a report to the
Committees on Appropriations after each time such waiver
authority is exercised.
INTER-AMERICAN FOUNDATION
For expenses necessary to carry out the functions of the
Inter-American Foundation in accordance with the provisions
of section 401 of the Foreign Assistance Act of 1969, and to
make such contracts and commitments without regard to fiscal
year limitations, as provided by section 9104, title 31,
United States Code, $30,960,000.
PEACE CORPS
For expenses necessary to carry out the provisions of the
Peace Corps Act (75 Stat. 612), $219,745,000, including the
purchase of not to exceed five passenger motor vehicles for
administrative purposes for use outside of the United States:
Provided, That none of the funds appropriated under this
heading shall be used to pay for abortions: Provided further,
That funds appropriated under this heading shall remain
available until September 30, 1996.
Department of State
INTERNATIONAL NARCOTICS CONTROL
For necessary expenses to carry out the provisions of
section 481 of the Foreign Assistance Act of 1961,
$115,000,000.
MIGRATION AND REFUGEE ASSISTANCE
For expenses, not otherwise provided for, necessary to
enable the Secretary of State to provide, as authorized by
law, a contribution to the International Committee of the Red
Cross and assistance to refugees, including contributions to
the Intergovernmental Committee for Migration and the United
Nations High Commissioner for Refugees; salaries and expenses
of personnel and dependents as authorized by the Foreign
Service Act of 1980; allowances as authorized by sections
5921 through 5925 of title 5, United States Code; hire of
passenger motor vehicles; and services as authorized by
section 3109 of title 5, United States Code, $670,688,000:
Provided, That not more than $11,500,000 of the funds
appropriated under this heading shall be available for the
administrative expenses of the Office of Refugee Programs of
the Department of State.
refugee resettlement assistance
For necessary expenses for the targeted assistance program
authorized by title IV of the Immigration and Nationality Act
and section 501 of the Refugee Education Assistance Act of
1980 and administered by the Office of Refugee Resettlement
of the Department of Health and Human Services, in addition
to amounts otherwise available for such purposes,
$12,000,000.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance
Act of 1962, as amended (22 U.S.C. 260(c)), $50,000,000,
to remain available until expended: Provided, That the funds
made available under this heading are appropriated
notwithstanding the provisions contained in section 2(c)(2)
of the Migration and Refugee Assistance Act of 1962 which
would limit the amount of funds which could be appropriated
for this purpose.
ANTI-TERRORISM ASSISTANCE
For necessary expenses to carry out the provisions of
chapter 8 of part II of the Foreign Assistance Act of 1961,
$15,244,000.
nonproliferation and disarmament fund
For necessary expenses for a ``Nonproliferation and
Disarmament Fund'', $10,000,000, to remain available until
expended, to promote bilateral and multilateral activities:
Provided, That such funds may be used pursuant to the
authorities contained in section 504 of the FREEDOM Support
Act: Provided further, That such funds may also be used for
such countries other than the new independent states of the
former Soviet Union and international organizations when it
is in the national security interest of the United States to
do so: Provided further, That funds appropriated under this
heading may be made available notwithstanding any other
provision of law: Provided further, That funds appropriated
under this heading shall be subject to the regular
notification procedures of the Committees on Appropriations.
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL MILITARY EDUCATION AND TRAINING
For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961,
$25,500,000: Provided, That up to $300,000 of the funds
appropriated under this heading may be made available for
grant financed military education and training for any
country whose annual per capita GNP exceeds $2,349 on the
condition that that country agrees to fund from its own
resources the transportation cost and living allowances of
its students: Provided further, That the civilian personnel
for whom military education and training may be provided
under this heading may also include members of national
legislatures who are responsible for the oversight and
management of the military: Provided further, That none of
the funds appropriated under this heading shall be available
for Indonesia and Zaire: Provided further, That none of the
funds appropriated by this Act shall be used to facilitate
the provision of IMET to Indonesia: Provided further, That a
report is to be submitted to the Committees on Appropriations
addressing how the proposed School of the Americas IMET
program will contribute to the promotion of human rights,
respect for civilian authority and the rule of law, the
establishment of legitimate judicial mechanisms for the
military, and achieving the goal of right sizing military
forces.
For necessary expenses, for the military-to-military
contact program of the Department of Defense, $12,000,000, to
be made available only for activities for East European
countries and the Baltic States.
foreign military financing program
For expenses necessary for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act, $3,149,279,000: Provided, That funds
appropriated by this paragraph that are made available for
Israel and Egypt shall be available only as grants: Provided
further, That the funds appropriated by this paragraph that
are made available for Israel shall be disbursed within
thirty days of enactment of this Act or by October 31, 1994,
whichever is later: Provided further, That funds made
available under this paragraph shall be nonrepayable
notwithstanding any requirement in section 23 of the Arms
Export Control Act.
[[Page 955]]
For the cost, as defined in section 13201 of the Budget
Enforcement Act of 1990, of direct loans authorized by
section 23 of the Arms Export Control Act as follows: cost of
direct loans, $47,917,000: Provided, That these funds are
available to subsidize gross obligations for the principal
amount of direct loans of not to exceed $619,650,000:
Provided further, That the rate of interest charged on such
loans shall be not less than the current average market yield
on outstanding marketable obligations of the United States of
comparable maturities: Provided further, That the principal
amount of direct loans for Greece and Turkey shall be made
available according to a 7 to 10 ratio: Provided further,
That 25 percent of the principal amount of direct loans for
Turkey shall be withheld until the Secretary of State, in
consultation with the Secretary of Defense, has submitted to
the Committees on Appropriations a report addressing, among
other things, the allegations of abuses against civilians by
the Turkish armed forces and the situation in Cyprus, and a
separate notification has been submitted at least 15 days
prior to the obligation of such funds: Provided further, That
25 percent of the principal amount of direct loans for Greece
shall be withheld until the Secretary of State has submitted
to the Committees on Appropriations a report on the
allegations of Greek violations of the United Nations
sanctions against Serbia and of the United Nations Charter,
and a separate notification has been submitted at least 15
days prior to the obligation of such funds.
None of the funds made available under this heading shall
be available to finance the procurement of defense articles,
defense services, or design and construction services that
are not sold by the United States Government under the Arms
Export Control Act unless the foreign country proposing to
make such procurements has first signed an agreement with the
United States Government specifying the conditions under
which such procurements may be financed with such funds:
Provided, That all country and funding level increases in
allocations shall be submitted through the regular
notification procedures of section 515 of this Act: Provided
further, That funds made available under this heading shall
be obligated upon apportionment in accordance with paragraph
(5)(C) of title 31, United States Code, section 1501(a):
Provided further, That none of the funds appropriated under
this heading shall be available for Zaire, Sudan, Liberia,
Guatemala, Peru, and Malawi: Provided further, That none of
the funds appropriated under this heading may be made
available for Colombia or Bolivia until the Secretary of
State certifies that such funds will be used by such country
primarily for counternarcotics activities: Provided further,
That not more than $100,000,000 of the funds made available
under this heading shall be available for use in financing
the procurement of defense articles, defense services, or
design and construction services that are not sold by the
United States Government under the Arms Export Control Act to
countries other than Israel and Egypt: Provided further, That
only those countries for which assistance was justified for
the ``Foreign Military Sales Financing Program'' in the
fiscal year 1989 congressional presentation for security
assistance programs may utilize funds made available under
this heading for procurement of defense articles, defense
services or design and construction services that are not
sold by the United States Government under the Arms Export
Control Act: Provided further, That, subject to the regular
notification procedures of the Committees on Appropriations,
funds made available under this heading for the cost of
direct loans may also be used to supplement the funds
available under this heading for necessary expenses for
grants if countries specified under this heading as eligible
for such direct loans decline to utilize such loans: Provided
further, That funds appropriated under this heading shall be
expended at the minimum rate necessary to make timely payment
for defense articles and services: Provided further, That the
Department of Defense shall conduct during the current fiscal
year nonreimbursable audits of private firms whose contracts
are made directly with foreign governments and are financed
with funds made available under this heading (as well as
subcontractors thereunder) as requested by the Defense
Security Assistance Agency: Provided further, That not more
than $22,150,000 of the funds appropriated under this heading
may be obligated for necessary expenses, including the
purchase of passenger motor vehicles for replacement only for
use outside of the United States, for the general costs of
administering military assistance and sales: Provided
further, That not more than $335,000,000 of funds realized
pursuant to section 21(e)(1)(A) of the Arms Export Control
Act may be obligated for expenses incurred by the Department
of Defense during the fiscal year 1994 pursuant to section
43(b) of the Arms Export Control Act, except that this
limitation may be exceeded only through the regular
notification procedures of the Committees on Appropriations:
Provided further, That none of the funds appropriated under
this heading, and no employee of the Defense Security
Assistance Agency, may be used to facilitate the transport of
aircraft to commercial arms sales shows.
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$75,000,000.
TITLE IV--EXPORT ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in
accordance with law, and to make such contracts and
commitments without regard to fiscal year limitations, as
provided by section 104 of the Government Corporation Control
Act, as may be necessary in carrying out the program for the
current fiscal year for such corporation: Provided, That none
of the funds available during the current fiscal year may be
used to make expenditures, contracts, or commitments for the
export of nuclear equipment, fuel, or technology to any
country other than a nuclear-weapon State as defined in
article IX of the Treaty on the Non-Proliferation of Nuclear
Weapons eligible to receive economic or military assistance
under this Act that has detonated a nuclear explosive after
the date of enactment of this Act.
subsidy appropriation
For the cost of direct loans, loan guarantees, insurance,
and tied-aid grants as authorized by section 10 of the
Export-Import Bank Act of 1945, as amended, $792,653,000 to
remain available until September 30, 1996: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That these funds are available to
subsidize gross obligations for the principal amount of
direct loans, and tied-aid grants, and total loan principal,
any part of which is to be guaranteed, including insurance,
of not to exceed $19,000,000,000: Provided further, That such
sums shall remain available until 2010 for the disbursement
of direct loans, loan guarantees, insurance and tied-aid
grants obligated in fiscal years 1995 and 1996: Provided
further, That up to $100,000,000 of funds appropriated by
this paragraph shall remain available until expended and may
be used for tied-aid grant purposes: Provided further, That
none of the funds appropriated by this paragraph may be used
for tied-aid credits or grants except through the regular
notification procedures of the Committees on Appropriations:
Provided further, That funds appropriated by this paragraph
are made available notwithstanding section 2(b)(2) of the
Export-Import Bank Act of 1945, in connection with the
purchase or lease of any product by any East European
country, any Baltic State, or any agency or national thereof.
ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs (to be computed on an
accrual basis), including hire of passenger motor vehicles
and services as authorized by 5 U.S.C. 3109, and not to
exceed $20,000 for official reception and representation
expenses for members of the Board of Directors, $44,550,000:
Provided, That necessary expenses (including special services
performed on a contract or fee basis, but not including other
personal services) in connection with the collection of
moneys owed the Export-Import Bank, repossession or sale of
pledged collateral or other assets acquired by the Export-
Import Bank in satisfaction of moneys owed the Export-Import
Bank, or the investigation or appraisal of any property, or
the evaluation of the legal or technical aspects of any
transaction for which an application for a loan, guarantee or
insurance commitment has been made, shall be considered
nonadministrative expenses for the purposes of this heading.
OVERSEAS PRIVATE INVESTMENT CORPORATION
program account
For the subsidy cost as defined in section 13201 of the
Budget Enforcement Act of 1990, of direct and guaranteed
loans authorized by section 234 of the Foreign Assistance Act
of 1961, as follows: cost of direct and guaranteed loans,
$23,296,000. In addition, for administrative expenses to
carry out the direct and guaranteed loan programs,
$7,933,000: Provided, That the funds provided in this
paragraph shall be available for and apply to costs, direct
loan obligations and loan guaranty commitments incurred or
made during the period from October 1, 1994 through September
30, 1996: Provided further, That such sums are to remain
available through fiscal year 2003 for the disbursement of
direct and guaranteed loans obligated in fiscal year 1995,
and through 2004 for the disbursement of direct and
guaranteed loans obligated in fiscal year 1996.
The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as
provided by 31 U.S.C. 9104, such noncredit expenditures and
commitments within the limits of funds available to it and in
accordance with law (including an amount for official
reception and representation expenses which shall not exceed
$35,000) as may be necessary.
Funds Appropriated to the President
TRADE AND DEVELOPMENT AGENCY
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961,
$44,986,000.
TITLE V--GENERAL PROVISIONS
OBLIGATIONS DURING LAST MONTH OF AVAILABILITY
Sec. 501. Except for the appropriations entitled
``International Disaster Assistance'', and ``United States
Emergency Refugee and Migration Assistance Fund'', not more
than 15 per centum of any appropriation item made available
by this Act shall be obligated during the last month of
availability.
[[Page 956]]
PROHIBITION OF BILATERAL FUNDING FOR INTERNATIONAL FINANCIAL
INSTITUTIONS
Sec. 502. None of the funds contained in title II of this
Act may be used to carry out the provisions of section 209(d)
of the Foreign Assistance Act of 1961.
LIMITATION ON RESIDENCE EXPENSES
Sec. 503. Of the funds appropriated or made available
pursuant to this Act, not to exceed $126,500 shall be for
official residence expenses of the Agency for International
Development during the current fiscal year: Provided, That
appropriate steps shall be taken to assure that, to the
maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars.
LIMITATION ON EXPENSES
Sec. 504. Of the funds appropriated or made available
pursuant to this Act, not to exceed $5,000 shall be for
entertainment expenses of the Agency for International
Development during the current fiscal year.
LIMITATION ON REPRESENTATIONAL ALLOWANCES
Sec. 505. Of the funds appropriated or made available
pursuant to this Act, not to exceed $95,000 shall be
available for representation allowances for the Agency for
International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure
that, to the maximum extent possible, United States-owned
foreign currencies are utilized in lieu of dollars: Provided
further, That of the funds made available by this Act for
general costs of administering military assistance and sales
under the heading ``Foreign Military Financing Program'', not
to exceed $2,000 shall be available for entertainment
expenses and not to exceed $50,000 shall be available for
representation allowances: Provided further, That of the
funds made available by this Act under the heading
``International Military Education and Training'', not to
exceed $50,000 shall be available for entertainment
allowances: Provided further, That of the funds made
available by this Act for the Inter-American Foundation, not
to exceed $2,000 shall be available for entertainment and
representation allowances: Provided further, That of the
funds made available by this Act for the Peace Corps, not to
exceed a total of $4,000 shall be available for entertainment
expenses: Provided further, That of the funds made available
by this Act under the heading ``Trade and Development
Agency'', not to exceed $2,000 shall be available for
representation and entertainment allowances.
PROHIBITION ON FINANCING NUCLEAR GOODS
Sec. 506. None of the funds appropriated or made available
(other than funds for ``International Organizations and
Programs'') pursuant to this Act, for carrying out the
Foreign Assistance Act of 1961, may be used, except for
purposes of nuclear safety, to finance the export of nuclear
equipment, fuel, or technology.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES
Sec. 507. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance or reparations to Cuba,
Iraq, Libya, the Socialist Republic of Vietnam, Iran, Serbia,
Sudan, or Syria: Provided, That for purposes of this section,
the prohibition on obligations or expenditures shall include
direct loans, credits, insurance and guarantees of the
Export-Import Bank or its agents.
MILITARY COUPS
Sec. 508. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance to any country whose duly
elected Head of Government is deposed by military coup or
decree: Provided, That assistance may be resumed to such
country if the President determines and reports to the
Committees on Appropriations that subsequent to the
termination of assistance a democratically elected government
has taken office.
TRANSFERS BETWEEN ACCOUNTS
Sec. 509. None of the funds made available by this Act may
be obligated under an appropriation account to which they
were not appropriated, unless the President, prior to the
exercise of any authority contained in the Foreign Assistance
Act of 1961 to transfer funds, consults with and provides a
written policy justification to the Committees on
Appropriations of the House of Representatives and the
Senate: Provided, That the exercise of such authority shall
be subject to the regular notification procedures of the
Committees on Appropriations.
DEOBLIGATION/REOBLIGATION AUTHORITY
Sec. 510. (a) Amounts certified pursuant to section 1311 of
the Supplemental Appropriations Act, 1955, as having been
obligated against appropriations heretofore made under the
authority of the Foreign Assistance Act of 1961 for the same
general purpose as any of the headings under the ``Agency for
International Development'' are, if deobligated, hereby
continued available for the same period as the respective
appropriations under such headings or until September 30,
1995, whichever is later, and for the same general purpose,
and for countries within the same region as originally
obligated: Provided, That the Appropriations Committees of
both Houses of the Congress are notified fifteen days in
advance of the deobligation and reobligation of such funds in
accordance with regular notification procedures of the
Committees on Appropriations.
(b) Obligated balances of funds appropriated to carry out
section 23 of the Arms Export Control Act as of the end of
the fiscal year immediately preceding the current fiscal year
are, if deobligated, hereby continued available during the
current fiscal year for the same purpose under any authority
applicable to such appropriations under this Act: Provided,
That the authority of this subsection may not be used in
fiscal year 1995.
availability of funds
Sec. 511. No part of any appropriation contained in this
Act shall remain available for obligation after the
expiration of the current fiscal year unless expressly so
provided in this Act: Provided, That funds appropriated for
the purposes of chapters 1 and 8 of part I, section 667, and
chapter 4 of part II of the Foreign Assistance Act of 1961,
as amended, shall remain available until expended if such
funds are initially obligated before the expiration of their
respective periods of availability contained in this Act:
Provided further, That, notwithstanding any other provision
of this Act, any funds made available for the purposes of
chapter 1 of part I and chapter 4 of part II of the Foreign
Assistance Act of 1961 which are allocated or obligated for
cash disbursements in order to address balance of payments or
economic policy reform objectives, shall remain available
until expended: Provided further, That the report required by
section 653(a) of the Foreign Assistance Act of 1961 shall
designate for each country, to the extent known at the time
of submission of such report, those funds allocated for cash
disbursement for balance of payment and economic policy
reform purposes.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
Sec. 512. No part of any appropriation contained in this
Act shall be used to furnish assistance to any country which
is in default during a period in excess of one calendar year
in payment to the United States of principal or interest on
any loan made to such country by the United States pursuant
to a program for which funds are appropriated under this Act:
Provided, That this section and section 620(q) of the Foreign
Assistance Act of 1961 shall not apply to funds made
available in this Act or during the current fiscal year for
Nicaragua, and for any narcotics-related assistance for
Colombia, Bolivia, and Peru authorized by the Foreign
Assistance Act of 1961 or the Arms Export Control Act.
COMMERCE AND TRADE
Sec. 513. (a) None of the funds appropriated or made
available pursuant to this Act for direct assistance and none
of the funds otherwise made available pursuant to this Act to
the Export-Import Bank and the Overseas Private Investment
Corporation shall be obligated or expended to finance any
loan, any assistance or any other financial commitments for
establishing or expanding production of any commodity for
export by any country other than the United States, if the
commodity is likely to be in surplus on world markets at the
time the resulting productive capacity is expected to become
operative and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing
commodity: Provided, That such prohibition shall not apply to
the Export-Import Bank if in the judgment of its Board of
Directors the benefits to industry and employment in the
United States are likely to outweigh the injury to United
States producers of the same, similar, or competing
commodity.
(b) None of the funds appropriated by this or any other Act
to carry out chapter 1 of part I of the Foreign Assistance
Act of 1961 shall be available for any testing or breeding
feasibility study, variety improvement or introduction,
consultancy, publication, conference, or training in
connection with the growth or production in a foreign country
of an agricultural commodity for export which would compete
with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact in the export of agricultural commodities
of the United States; or
(2) research activities intended primarily to benefit
American producers.
(c) None of the funds provided in this Act to the Agency
for International Development, other than funds made
available to carry out Caribbean Basin Initiative programs
under the Tariff Schedules of the United States, section 1202
of title 19, United States Code, schedule 8, part I, subpart
B, item 807.00, shall be obligated or expended--
(1) to procure directly feasibility studies or
prefeasibility studies for, or project profiles of potential
investment in, the manufacture, for export to the United
States or to third country markets in direct competition with
United States exports, of import-sensitive articles as
defined by section 503(c)(1) (A) and (E) of the Tariff Act of
1930 (19 U.S.C. 2463(c)(1) (A) and (E)); or
(2) to assist directly in the establishment of facilities
specifically designed for the manufacture, for export to the
United States or to third country markets in direct
competition with United States exports, of import-sensitive
articles as defined in section 503(c)(1) (A) and (E) of the
Tariff Act of 1930 (19 U.S.C. 2463(c)(1) (A) and (E)).
SURPLUS COMMODITIES
Sec. 514. The Secretary of the Treasury shall instruct the
United States Executive
[[Page 957]]
Directors of the International Bank for Reconstruction and
Development, the International Development Association, the
International Finance Corporation, the Inter-American
Development Bank, the International Monetary Fund, the Asian
Development Bank, the Inter-American Investment Corporation,
the European Bank for Reconstruction and Development, the
African Development Bank, and the African Development Fund to
use the voice and vote of the United States to oppose any
assistance by these institutions, using funds appropriated or
made available pursuant to this Act, for the production or
extraction of any commodity or mineral for export, if it is
in surplus on world markets and if the assistance will cause
substantial injury to United States producers of the same,
similar, or competing commodity.
NOTIFICATION REQUIREMENTS
Sec. 515. For the purposes of providing the Executive
Branch with the necessary administrative flexibility, none of
the funds made available under this Act for ``Development
Assistance Fund'', ``Population, Development Assistance'',
``Development Fund for Africa'', ``International
organizations and programs'', ``Trade and Development
Agency'', ``International narcotics control'', ``Assistance
for Eastern Europe and the Baltic States'', ``Assistance for
the New Independent States of the Former Soviet Union'',
``Economic Support Fund'', ``Peacekeeping operations'',
``Operating expenses of the Agency for International
Development'', ``Operating expenses of the Agency for
International Development Office of Inspector General'',
``Anti-terrorism assistance'', ``Foreign Military Financing
Program'', ``International military education and training''
(including the military-to-military contact program),
``Inter-American Foundation'', ``African Development
Foundation'', ``Peace Corps'', or ``Migration and refugee
assistance'', shall be available for obligation for
activities, programs, projects, type of materiel assistance,
countries, or other operation not justified or in excess of
the amount justified to the Appropriations Committees for
obligation under any of these specific headings unless the
Appropriations Committees of both Houses of Congress are
previously notified fifteen days in advance: Provided, That
the President shall not enter into any commitment of funds
appropriated for the purposes of section 23 of the Arms
Export Control Act for the provision of major defense
equipment, other than conventional ammunition, or other major
defense items defined to be aircraft, ships, missiles, or
combat vehicles, not previously justified to Congress or 20
per centum in excess of the quantities justified to Congress
unless the Committees on Appropriations are notified fifteen
days in advance of such commitment: Provided further, That
this section shall not apply to any reprogramming for an
activity, program, or project under chapter 1 of part I of
the Foreign Assistance Act of 1961 of less than 20 per centum
of the amount previously justified to the Congress for
obligation for such activity, program, or project for the
current fiscal year: Provided further, That the requirements
of this section or any similar provision of this Act
requiring notification in accordance with the regular
notification procedures of the Committees on Appropriations
may be waived if failure to do so would pose a substantial
risk to human health or welfare: Provided further, That in
case of any such waiver, notification to the Congress, or the
appropriate congressional committees, shall be provided as
early as practicable, but in no event later than three days
after taking the action to which such notification
requirement was applicable, in the context of the
circumstances necessitating such waiver: Provided further,
That any notification provided pursuant to such a waiver
shall contain an explanation of the emergency circumstances.
Drawdowns made pursuant to section 506(a)(2) of the Foreign
Assistance Act of 1961 shall be subject to the regular
notification procedures of the Committees on Appropriations.
limitation on availability of funds for international organizations and
programs
Sec. 516. (a) Notwithstanding any other provision of law or
of this Act, none of the funds provided for ``International
Organizations and Programs'' shall be available for the
United States proportionate share, in accordance with section
307(c) of the Foreign Assistance Act of 1961, for any
programs identified in section 307, or for Libya, Iran, or,
at the discretion of the President, Communist countries
listed in section 620(f) of the Foreign Assistance Act of
1961, as amended: Provided, That, subject to the
regular notification procedures of the Committees on
Appropriations, funds appropriated under this Act or any
previously enacted Act making appropriations for foreign
operations, export financing, and related programs, which are
returned or not made available for organizations and programs
because of the implementation of this section or any similar
provision of law, shall remain available for obligation
through September 30, 1996.
(b) The United States shall not make any voluntary or
assessed contribution--
(1) to any affiliated organization of the United Nations
which grants full membership as a state to any organization
or group that does not have the internationally recognized
attributes of statehood, or
(2) to the United Nations, if the United Nations grants
full membership as a state in the United Nations to any
organization or group that does not have the internationally
recognized attributes of statehood,
during any period in which such membership is effective.
ECONOMIC SUPPORT FUND ASSISTANCE FOR ISRAEL
Sec. 517. The Congress finds that progress on the peace
process in the Middle East is vitally important to United
States security interests in the region. The Congress
recognizes that, in fulfilling its obligations under the
Treaty of Peace Between the Arab Republic of Egypt and the
State of Israel, done at Washington on March 26, 1979, Israel
incurred severe economic burdens. Furthermore, the Congress
recognizes that an economically and militarily secure Israel
serves the security interests of the United States, for a
secure Israel is an Israel which has the incentive and
confidence to continue pursuing the peace process. Therefore,
the Congress declares that it is the policy and the intention
of the United States that the funds provided in annual
appropriations for the Economic Support Fund which are
allocated to Israel shall not be less than the annual debt
repayment (interest and principal) from Israel to the United
States Government in recognition that such a principle serves
United States interests in the region.
PROHIBITION CONCERNING ABORTIONS AND INVOLUNTARY STERILIZATION
Sec. 518. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method
of family planning or to motivate or coerce any person to
practice abortions. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as amended,
may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or
provide any financial incentive to any person to undergo
sterilizations. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for any biomedical research which relates in
whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family
planning. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the
President certifies that the use of these funds by any such
country or organization would violate any of the above
provisions related to abortions and involuntary
sterilizations. The Congress reaffirms its commitments to
Population, Development Assistance and to the need for
informed voluntary family planning.
reporting requirement
Sec. 519. The President shall submit to the Committees on
Appropriations the reports required by section 25(a)(1) of
the Arms Export Control Act.
special notification requirements
Sec. 520. None of the funds appropriated in this Act shall
be obligated or expended for Colombia, El Salvador,
Guatemala, Haiti, Indonesia, Liberia, Nicaragua, Pakistan,
Peru, Rwanda, Sudan, or Zaire except as provided through the
regular notification procedures of the Committees on
Appropriations: Provided, That this section shall not apply
to funds appropriated by this Act to carry out the provisions
of chapter 1 of part I of the Foreign Assistance Act of 1961
that are made available for El Salvador and Nicaragua.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
Sec. 521. For the purpose of this Act, ``program, project,
and activity'' shall be defined at the Appropriations Act
account level and shall include all Appropriations and
Authorizations Acts earmarks, ceilings, and limitations with
the exception that for the following accounts: Economic
Support Fund and Foreign Military Financing Program,
``program, project, and activity'' shall also be considered
to include country, regional, and central program level
funding within each such account; for the development
assistance accounts of the Agency for International
Development ``program, project, and activity'' shall also be
considered to include central program level funding, either
as (1) justified to the Congress, or (2) allocated by the
executive branch in accordance with a report, to be provided
to the Committees on Appropriations within thirty days of
enactment of this Act, as required by section 653(a) of the
Foreign Assistance Act of 1961.
family planning, child survival and aids activities
Sec. 522. Up to $8,000,000 of the funds made available by
this Act for assistance for family planning, health, child
survival, and AIDS, may be used to reimburse United States
Government agencies, agencies of State governments,
institutions of higher learning, and private and voluntary
organizations for the full cost of individuals (including for
the personal services of such individuals) detailed or
assigned to, or contracted by, as the case may be, the Agency
for International Development for the purpose of carrying out
family planning activities, child survival activities and
activities relating to research on, and the treatment and
control of, acquired immune deficiency syndrome in developing
countries: Provided, That such individuals shall not be
included within any personnel ceiling applicable to any
United States Government agency during the period of detail
or assignment: Provided further, That funds appropriated by
this Act that are made available for child sur-
[[Page 958]]
vival activities or activities relating to research on, and
the treatment and control of, acquired immune deficiency
syndrome may be made available notwithstanding any provision
of law that restricts assistance to foreign countries:
Provided further, That funds appropriated by this Act that
are made available for family planning activities may be made
available notwithstanding section 512 of this Act and section
620(q) of the Foreign Assistance Act of 1961.
prohibition against indirect funding to certain countries
Sec. 523. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated to finance
indirectly any assistance or reparations to Cuba, Iraq,
Libya, the Socialist Republic of Vietnam, Iran, Syria, North
Korea, People's Republic of China, or Laos unless the
President of the United States certifies that the withholding
of these funds is contrary to the national interest of the
United States.
RECIPROCAL LEASING
Sec. 524. Section 61(a) of the Arms Export Control Act is
amended by striking out ``1994'' and inserting in lieu
thereof ``1995''.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
Sec. 525. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign
Assistance Act of 1961, the Department of Defense shall
notify the Committees on Appropriations to the same extent
and under the same conditions as are other committees
pursuant to subsection (c) of that section: Provided, That
before issuing a letter of offer to sell excess defense
articles under the Arms Export Control Act, the Department of
Defense shall notify the Committees on Appropriations in
accordance with the regular notification procedures of such
Committees: Provided further, That such Committees shall also
be informed of the original acquisition cost of such defense
articles.
authorization requirement
Sec. 526. Funds appropriated by this Act may be obligated
and expended subject to section 10 of Public Law 91-672 and
section 15 of the State Department Basic Authorities Act of
1956.
DEPLETED URANIUM
Sec. 527. None of the funds provided in this or any other
Act may be made available to facilitate in any way the sale
of M-833 antitank shells or any comparable antitank shells
containing a depleted uranium penetrating component to any
country other than (1) countries which are members of NATO,
(2) countries which have been designated as a major non-NATO
ally for purposes of section 1105 of the National Defense
Authorization Act for Fiscal Year 1987 or, (3) Taiwan:
Provided, That funds may be made available to facilitate the
sale of such shells notwithstanding the limitations of this
section if the President determines that to do so is in the
national security interest of the United States.
OPPOSITION TO ASSISTANCE TO TERRORIST COUNTRIES BY INTERNATIONAL
FINANCIAL INSTITUTIONS
Sec. 528. (a) Instructions for United States Executive
Directors.--The Secretary of the Treasury shall instruct the
United States Executive Director of each international
financial institution designated in subsection (b), and the
Administrator of the Agency for International Development
shall instruct the United States Executive Director of the
International Fund for Agriculture Development, to use the
voice and vote of the United States to oppose any loan or
other use of the funds of the respective institution to or
for a country for which the Secretary of State has made a
determination under section 6(j) of the Export Administration
Act of 1979.
(b) Definition.--For purposes of this section, the term
``international financial institution'' includes--
(1) the International Bank for Reconstruction and
Development, the International Development Association, and
the International Monetary Fund; and
(2) wherever applicable, the Inter-American Development
Bank, the Asian Development Bank, the African Development
Bank, the African Development Fund, and the European Bank for
Reconstruction and Development.
Prohibition on Bilateral Assistance to Terrorist Countries
Sec. 529. (a) Notwithstanding any other provision of law,
funds appropriated for bilateral assistance under any heading
of this Act and funds appropriated under any such heading in
a provision of law enacted prior to enactment of this Act,
shall not be made available to any country which the
President determines--
(1) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism,
or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection
(a) to a country if the President determines that national
security or humanitarian reasons justify such waiver. The
President shall publish each waiver in the Federal Register
and, at least fifteen days before the waiver takes effect,
shall notify the Committees on Appropriations of the waiver
(including the justification for the waiver) in accordance
with the regular notification procedures of the Committees on
Appropriations.
commercial leasing of defense articles
Sec. 530. Notwithstanding any other provision of law, and
subject to the regular notification requirements of the
Committees on Appropriations, the authority of section 23(a)
of the Arms Export Control Act may be used to provide
financing to Israel and Egypt and NATO and major non-NATO
allies for the procurement by leasing (including leasing with
an option to purchase) of defense articles from United States
commercial suppliers, not including Major Defense Equipment
(other than helicopters and other types of aircraft having
possible civilian application), if the President determines
that there are compelling foreign policy or national security
reasons for those defense articles being provided by
commercial lease rather than by government-to-government sale
under such Act.
competitive insurance
Sec. 531. All Agency for International Development
contracts and solicitations, and subcontracts entered into
under such contracts, shall include a clause requiring that
United States marine insurance companies have a fair
opportunity to bid for marine insurance when such insurance
is necessary or appropriate.
stingers in the persian gulf region
Sec. 532. Except as provided in section 581 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1990, the United States may not sell or
otherwise make available any Stingers to any country
bordering the Persian Gulf under the Arms Export Control Act
or chapter 2 of part II of the Foreign Assistance Act of
1961.
prohibition on leveraging and diversion of united states assistance
Sec. 533. (a) None of the funds appropriated by this Act
may be provided to any foreign government (including any
instrumentality or agency thereof), foreign person, or United
States person in exchange for that foreign government or
person undertaking any action which is, if carried out by the
United States Government, a United States official or
employee, expressly prohibited by a provision of United
States law.
(b) For the purposes of this section the term ``funds
appropriated by this Act'' includes only (1) assistance of
any kind under the Foreign Assistance Act of 1961; and (2)
credits, and guaranties under the Arms Export Control Act.
(c) Nothing in this section shall be construed to limit--
(1) the ability of the President, the Vice President, or
any official or employee of the United States to make
statements or otherwise express their views to any party on
any subject;
(2) the ability of an official or employee of the United
States to express the policies of the President; or
(3) the ability of an official or employee of the United
States to communicate with any foreign country government,
group or individual, either directly or through a third
party, with respect to the prohibitions of this section
including the reasons for such prohibitions, and the actions,
terms, or conditions which might lead to the removal of the
prohibitions of this section.
debt-for-development
Sec. 534. In order to enhance the continued participation
of nongovernmental organizations in economic assistance
activities under the Foreign Assistance Act of 1961,
including endowments, debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a
grantee or contractor of the Agency for International
Development may place in interest bearing accounts funds made
available under this Act or prior Acts or local currencies
which accrue to that organization as a result of economic
assistance provided under the heading ``Agency for
International Development'' and any interest earned on such
investment may be for the purpose for which the assistance
was provided to that organization.
location of stockpiles
Sec. 535. Section 514(b)(2) of the Foreign Assistance Act
of 1961 is amended by striking out ``$200,000,000 for
stockpiles in Israel for fiscal year 1994'' and inserting in
lieu thereof ``a total of $200,000,000 for stockpiles in
Israel for fiscal years 1994 and 1995, up to $40,000,000 may
be made available for stockpiles in the Republic of Korea,
and up to $10,000,000 may be made available for stockpiles in
Thailand for fiscal year 1995''.
separate accounts
Sec. 536. (a) Separate Accounts for Local Currencies.--(1)
If assistance is furnished to the government of a foreign
country under chapters 1 and 10 of part I (including the
Philippines Multilateral Assistance Initiative) or chapter 4
of part II of the Foreign Assistance Act of 1961 under
agreements which result in the generation of local currencies
of that country, the Administrator of the Agency for
International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be generated, and
(ii) the terms and conditions under which the currencies so
deposited may be utilized, consistent with this section; and
(C) establish by agreement with that government the
responsibilities of the Agency for International Development
and that government to monitor and account for deposits into
and disbursements from the separate account.
[[Page 959]]
(2) Uses of Local Currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapters 1 or 10 of part I or chapter 4 of
part II (as the case may be), for such purposes as--
(i) project and sector assistance activities, or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) Programming Accountability.--The Agency for
International Development shall take all appropriate steps to
ensure that the equivalent of the local currencies disbursed
pursuant to subsection (a)(2)(A) from the separate account
established pursuant to subsection (a)(1) are used for the
purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of Assistance Programs.--Upon termination
of assistance to a country under chapters 1 or 10 of part I
or chapter 4 of part II (as the case may be), any
unencumbered balances of funds which remain in a separate
account established pursuant to subsection (a) shall be
disposed of for such purposes as may be agreed to by the
government of that country and the United States Government.
(5) Conforming Amendments.--The provisions of this
subsection shall supersede the tenth and eleventh provisos
contained under the heading ``Sub-Saharan Africa, Development
Assistance'' as included in the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1989 and
sections 531(d) and 609 of the Foreign Assistance Act of
1961.
(b) Separate Accounts for Cash Transfers.--(1) If
assistance is made available to the government of a foreign
country, under chapters 1 or 10 of part I (including the
Philippines Multilateral Assistance Initiative) or chapter 4
of part II of the Foreign Assistance Act of 1961, as cash
transfer assistance or as nonproject sector assistance, that
country shall be required to maintain such funds in a
separate account and not commingle them with any other funds.
(2) Applicability of Other Provisions of Law.--Such funds
may be obligated and expended notwithstanding provisions of
law which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (H. Report No. 98-
1159).
(3) Notification.--At least fifteen days prior to
obligating any such cash transfer or nonproject sector
assistance, the President shall submit a notification through
the regular notification procedures of the Committees on
Appropriations, which shall include a detailed description of
how the funds proposed to be made available will be used,
with a discussion of the United States interests that will be
served by the assistance (including, as appropriate, a
description of the economic policy reforms that will be
promoted by such assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only
through the notification procedures of the Committees on
Appropriations.
compensation for united states executive directors to international
financial institutions
Sec. 537. (a) No funds appropriated by this Act may be made
as payment to any international financial institution while
the United States Executive Director to such institution is
compensated by the institution at a rate which, together with
whatever compensation such Director receives from the United
States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code, or while
any alternate United States Director to such institution is
compensated by the institution at a rate in excess of the
rate provided for an individual occupying a position at level
V of the Executive Schedule under section 5316 of title 5,
United States Code.
(b) For purposes of this section, ``international financial
institutions'' are: the International Bank for Reconstruction
and Development, the Inter-American Development Bank, the
Asian Development Bank, the Asian Development Fund, the
African Development Bank, the African Development Fund, the
International Monetary Fund, and the European Bank for
Reconstruction and Development.
Compliance With United Nations Sanctions Against Iraq
Sec. 538. (a) Denial of Assistance.--None of the funds
appropriated or otherwise made available pursuant to this Act
to carry out the Foreign Assistance Act of 1961 (including
title IV of chapter 2 of part I, relating to the Overseas
Private Investment Corporation) or the Arms Export Control
Act may be used to provide assistance to any country that is
not in compliance with the United Nations Security Council
sanctions against Iraq unless the President determines and so
certifies to the Congress that--
(1) such assistance is in the national interest of the
United States;
(2) such assistance will directly benefit the needy people
in that country; or
(3) the assistance to be provided will be humanitarian
assistance for foreign nationals who have fled Iraq and
Kuwait.
(b) Import Sanctions.--If the President considers that the
taking of such action would promote the effectiveness of the
economic sanctions of the United Nations and the United
States imposed with respect to Iraq, and is consistent with
the national interest, the President may prohibit, for such a
period of time as he considers appropriate, the importation
into the United States of any or all products of any foreign
country that has not prohibited--
(1) the importation of products of Iraq into its customs
territory, and
(2) the export of its products to Iraq.
pow/mia military drawdown
Sec. 539. (a) Notwithstanding any other provision of law,
the President may direct the drawdown, without reimbursement
by the recipient, of defense articles from the stocks of the
Department of Defense, defense services of the Department of
Defense, and military education and training, of an aggregate
value not to exceed $15,000,000 in fiscal year 1995, as may
be necessary to carry out subsection (b).
(b) Such defense articles, services and training may be
provided to Cambodia and Laos, under subsection (a) as the
President determines are necessary to support efforts to
locate and repatriate members of the United States Armed
Forces and civilians employed directly or indirectly by the
United States Government who remain unaccounted for from the
Vietnam War, and to ensure the safety of United States
Government personnel engaged in such cooperative efforts and
to support United States Department of Defense-sponsored
humanitarian projects associated with the POW/MIA efforts.
Any aircraft shall be provided under this section only to
Laos and only on a lease or loan basis, but may be provided
at no cost notwithstanding section 61 of the Arms Export
Control Act and may be maintained with defense articles,
services and training provided under this section.
(c) The President shall, within sixty days of the end of
any fiscal year in which the authority of subsection (a) is
exercised, submit a report to the Congress which identifies
the articles, services, and training drawn down under this
section.
(d) There are authorized to be appropriated to the
President such sums as may be necessary to reimburse the
applicable appropriation, fund, or account for defense
articles, defense services, and military education and
training provided under this section.
mediterranean excess defense articles
Sec. 540. During fiscal year 1995, the provisions of
section 573(e) of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1990, shall be
applicable, for the period specified therein, to excess
defense articles made available under sections 516 and 519 of
the Foreign Assistance Act of 1961.
priority delivery of equipment
Sec. 541. Notwithstanding any other provision of law, the
delivery of excess defense articles that are to be
transferred on a grant basis under section 516 of the Foreign
Assistance Act to NATO allies and to major non-NATO allies on
the southern and southeastern flank of NATO shall be given
priority to the maximum extent feasible over the delivery of
such excess defense articles to other countries.
israel drawdown
Sec. 542. Section 599B(a) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1991 (as
amended by Public Law 102-145, as amended, and Public Law
102-391), is further amended--
(a) by striking out ``fiscal year 1994'' and inserting in
lieu thereof ``fiscal year 1995'';
(b) by striking out ``Appropriations Act, 1994'' and
inserting in lieu thereof ``Appropriations Act, 1995''; and
(c) by striking out ``$700,000,000'' and inserting in lieu
thereof ``$775,000,000''.
cash flow financing
Sec. 543. For each country that has been approved for cash
flow financing (as defined in section 25(d) of the Arms
Export Control Act, as added by section 112(b) of Public Law
99-83) under the Foreign Military Financing Program, any
Letter of Offer and Acceptance or other purchase agreement,
or any amendment thereto, for a procurement in excess of
$100,000,000 that is to be financed in whole or in part with
funds made available under this Act shall be submitted
through the regular notification procedures to the Committees
on Appropriations.
authorities for the peace corps, the inter-american foundation and the
african development foundation
Sec. 544. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for foreign operations, export financing, and related
programs, shall not be construed to prohibit activities
authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act, or the African Development
Foundation Act. The appropriate agency shall promptly report
to the Committees on Appropriations whenever it is conducting
activities or is proposing to conduct activities in a country
for which assistance is prohibited.
impact on jobs in the United States
Sec. 545. None of the funds appropriated by this Act may be
obligated or expended to provide--
(a) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is
[[Page 960]]
likely to reduce the number of employees of such business
enterprise in the United States because United States
production is being replaced by such enterprise outside the
United States;
(b) assistance for the purpose of establishing or
developing in a foreign country any export processing zone or
designated area in which the tax, tariff, labor, environment,
and safety laws of that country do not apply, in part or in
whole, to activities carried out within that zone or area,
unless the President determines and certifies that such
assistance is not likely to cause a loss of jobs within the
United States; or
(c) assistance for any project or activity that contributes
to the violation of internationally recognized workers
rights, as defined in section 502(a)(4) of the Trade Act of
1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That in
recognition that the application of this subsection should be
commensurate with the level of development of the recipient
country and sector, the provisions of this subsection shall
not preclude assistance for the informal sector in such
country, micro and small-scale enterprise, and smallholder
agriculture.
authority to assist bosnia-hercegovina
Sec. 546. (a) Congress finds as follows:
(1) The United Nations has imposed an embargo on the
transfer of arms to any country on the territory of the
former Yugoslavia.
(2) The federated states of Serbia and Montenegro have a
large supply of military equipment and ammunition and the
Serbian forces fighting the government of Bosnia-Hercegovina
have more than one thousand battle tanks, armored vehicles,
and artillery pieces.
(3) Because the United Nations arms embargo is serving to
sustain the military advantage of the aggressor, the United
Nations should exempt the government of Bosnia-Hercegovina
from its embargo.
(b) Pursuant to a lifting of the United Nations arms
embargo, or to a unilateral lifting of the arms embargo by
the President of the United States, against Bosnia-
Hercegovina, the President is authorized to transfer to the
government of that nation, without reimbursement, defense
articles from the stocks of the Department of Defense of an
aggregate value not to exceed $50,000,000 in fiscal year
1995: Provided, That the President certifies in a timely
fashion to the Congress that--
(1) the transfer of such articles would assist that nation
in self-defense and thereby promote the security and
stability of the region; and
(2) United States allies are prepared to join in such a
military assistance effort.
(c) Within 60 days of any transfer under the authority
provided in subsection (b), and every 60 days thereafter, the
President shall report in writing to the Speaker of the House
of Representatives and the President pro tempore of the
Senate concerning the articles transferred and the
disposition thereof.
(d) There are authorized to be appropriated to the
President such sums as may be necessary to reimburse the
applicable appropriation, fund, or account for defense
articles provided under this section.
(e) If the President determines that doing so will
contribute to a just resolution of charges regarding genocide
or other violations of international law in the former
Yugoslavia, the authority of section 552(c) of the Foreign
Assistance Act of 1961, as amended, may be used to provide up
to $25,000,000 of commodities and services to the United
Nations War Crimes Tribunal, without regard to the ceiling
limitation contained in paragraph (2) thereof: Provided, That
the determination required under this subsection shall be in
lieu of any determinations otherwise required under section
552(c).
special authorities
Sec. 547. (a) Funds appropriated in title II of this Act
that are made available for Haiti, Afghanistan, Lebanon, and
Cambodia, and for victims of war, displaced children,
displaced Burmese, humanitarian assistance for Romania, and
humanitarian assistance for the peoples of Bosnia-
Hercegovina, Croatia, and Kosova, may be made available
notwithstanding any other provision of law: Provided, That
any such funds that are made available for Cambodia shall be
subject to the provisions of section 531(e) of the Foreign
Assistance Act of 1961 and section 906 of the International
Security and Development Cooperation Act of 1985: Provided
further, That the President shall terminate assistance to any
Cambodian organization that he determines is cooperating,
tactically or strategically, with the Khmer Rouge in their
military operations.
(b) Funds appropriated by this Act to carry out the
provisions of sections 103 through 106 of the Foreign
Assistance Act of 1961 may be used, notwithstanding any other
provision of law, for the purpose of supporting tropical
forestry and energy programs aimed at reducing emissions of
greenhouse gases with regard to the key countries in which
deforestation and energy policy would make a significant
contribution to global warming: Provided, That such
assistance shall be subject to sections 116, 502B, and 620A
of the Foreign Assistance Act of 1961.
(c) During fiscal year 1995, the President may use up to
$50,000,000 under the authority of section 451 of the Foreign
Assistance Act of 1961, notwithstanding the funding ceiling
contained in subsection (a) of that section.
(d) The Agency for International Development may employ
personal services contractors, notwithstanding any other
provision of law, for the purpose of administering programs
for the West Bank and Gaza.
policy on terminating the arab league boycott of israel
Sec. 548. (a) Findings.--The Congress finds that--
(1) since 1948 the Arab countries have maintained a primary
boycott against Israel, refusing to do business with Israel;
(2) since the early 1950s the Arab League has maintained a
secondary and tertiary boycott against American and other
companies that have commercial ties with Israel;
(3) the boycott seeks to coerce American firms by
blacklisting those that do business with Israel and harm
America's competitiveness;
(4) the United States has a longstanding policy opposing
the Arab League boycott and United States law prohibits
American firms from providing information to Arab countries
to demonstrate compliance with the boycott;
(5) with real progress being made in the Middle East peace
process and the serious confidence-building measures taken by
the State of Israel an end to the Arab boycott of Israel and
of American companies that have commercial ties with Israel
is long overdue and would represent a significant confidence-
building measure; and
(6) in the interest of Middle East peace and free commerce,
the President must take more concrete steps to press the Arab
states to end their practice of blacklisting and boycotting
American companies that have trade ties with Israel.
(b) Policy.--It is the sense of the Congress that--
(1) the Arab League countries should immediately and
publicly renounce the primary boycott of Israel and the
secondary and tertiary boycott of American firms that have
commercial ties with Israel and
(2) the President should--
(A) take more concrete steps to encourage vigorously Arab
League countries to renounce publicly the primary boycotts of
Israel and the secondary and tertiary boycotts of American
firms that have commercial relations with Israel as a
confidence-building measure;
(B) take into consideration the participation of any
recipient country in the primary boycott of Israel and the
secondary and tertiary boycotts of American firms that have
commercial relations with Israel when determining whether to
sell weapons to said country;
(C) report to Congress on the specific steps being taken by
the President to bring about a public renunciation of the
Arab primary boycott of Israel and the secondary and tertiary
boycotts of American firms that have commercial relations
with Israel; and
(D) encourage the allies and trading partners of the United
States to enact laws prohibiting businesses from complying
with the boycott and penalizing businesses that do comply.
ANTI-NARCOTICS ACTIVITIES
Sec. 549. (a) Of the funds appropriated by this Act under
the heading ``Economic Support Fund'', assistance may be
provided to strengthen the administration of justice in
countries in Latin America and the Caribbean in accordance
with the provisions of section 534 of the Foreign Assistance
Act of 1961, except that programs to enhance protection of
participants in judicial cases may be conducted
notwithstanding section 660 of that Act.
(b) Funds made available pursuant to this section may be
made available notwithstanding the third sentence of section
534(e) of the Foreign Assistance Act of 1961. Funds made
available pursuant to subsection (a)(1) for Bolivia, Colombia
and Peru and subsection (a)(2) may be made available
notwithstanding section 534(c) and the second sentence of
section 534(e) of the Foreign Assistance Act of 1961.
ELIGIBILITY FOR ASSISTANCE
Sec. 550. (a) Assistance Through Nongovernmental
Organizations.--Restrictions contained in this or any other
Act with respect to assistance for a country shall not be
construed to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this
Act to carry out the provisions of chapters 1 and 10 of part
I of the Foreign Assistance Act of 1961: Provided, That the
President shall take into consideration, in any case in which
a restriction on assistance would be applicable but for this
subsection, whether assistance in support of programs of
nongovernmental organizations is in the national interest of
the United States: Provided further, That before using the
authority of this subsection to furnish assistance in support
of programs of nongovernmental organizations, the President
shall notify the Committees on Appropriations under the
regular notification procedures of those committees,
including a description of the program to be assisted, the
assistance to be provided, and the reasons for furnishing
such assistance: Provided further, That nothing in this
subsection shall be construed to alter any existing statutory
prohibitions against abortion or involuntary sterilizations
contained in this or any other Act.
(b) Public Law 480.--During fiscal year 1995, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under titles I and II of the Agricultural Trade Development
and Assistance Act of 1954: Provided, That none of the funds
appropriated to carry out title I of such Act and made
available pursuant to this subsection may be obligated or
expended except as provided through the regular notification
[[Page 961]]
procedures of the Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 529 of this Act or any
comparable provision of law prohibiting assistance to
countries that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that violate internationally
recognized human rights.
EARMARKS
Sec. 551. (a) Funds appropriated by this Act which are
earmarked may be reprogrammed for other programs within the
same account notwithstanding the earmark if compliance with
the earmark is made impossible by operation of any provision
of this or any other Act or, with respect to a country with
which the United States has an agreement providing the United
States with base rights or base access in that country, if
the President determines that the recipient for which funds
are earmarked has significantly reduced its military or
economic cooperation with the United States since enactment
of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1991; however, before exercising
the authority of this subsection with regard to a base rights
or base access country which has significantly reduced its
military or economic cooperation with the United States, the
President shall consult with, and shall provide a written
policy justification to the Committees on Appropriations:
Provided, That any such reprogramming shall be subject to the
regular notification procedures of the Committees on
Appropriations: Provided further, That assistance that is
reprogrammed pursuant to this subsection shall be made
available under the same terms and conditions as originally
provided.
(b) In addition to the authority contained in subsection
(a), the original period of availability of funds
appropriated by this Act and administered by the Agency for
International Development that are earmarked for particular
programs or activities by this or any other Act shall be
extended for an additional fiscal year if the Administrator
of such agency determines and reports promptly to the
Committees on Appropriations that the termination of
assistance to a country or a significant change in
circumstances makes it unlikely that such earmarked funds can
be obligated during the original period of availability:
Provided, That such earmarked funds that are continued
available for an additional fiscal year shall be obligated
only for the purpose of such earmark.
CEILINGS AND EARMARKS
Sec. 552. Ceilings and earmarks contained in this Act shall
not be applicable to funds or authorities appropriated or
otherwise made available by any subsequent Act unless such
Act specifically so directs.
EXCESS DEFENSE ARTICLES
Sec. 553. The authority of section 519 of the Foreign
Assistance Act of 1961, as amended, may be used in fiscal
year 1995 to provide nonlethal excess defense articles to
countries for which United States foreign assistance has been
requested and for which receipt of such articles was
separately justified for the fiscal year, without regard to
the restrictions in subsection (a) of section 519.
PROHIBITION ON PUBLICITY OR PROPAGANDA
Sec. 554. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before the date of enactment
of this Act by the Congress.
DISADVANTAGED ENTERPRISES
Sec. 555. (a) Except to the extent that the Administrator
of the Agency for International Development determines
otherwise, not less than 10 percent of the aggregate amount
made available for the current fiscal year for the
``Development Assistance Fund'', ``Population, Development
Assistance'', and the ``Development Fund for Africa'' shall
be made available only for activities of United States
organizations and individuals that are--
(1) business concerns owned and controlled by socially and
economically disadvantaged individuals,
(2) historically black colleges and universities,
(3) colleges and universities having a student body in
which more than 40 per centum of the students are Hispanic
American, and
(4) private voluntary organizations which are controlled by
individuals who are socially and economically disadvantaged.
(b)(1) In addition to other actions taken to carry out this
section, the actions described in paragraphs (2) through (5)
shall be taken with respect to development assistance and
assistance for sub-Saharan Africa for the current fiscal
year.
(2) Notwithstanding any other provision of law, in order to
achieve the goals of this section, the Administrator--
(A) to the maximum extent practicable, shall utilize the
authority of section 8(a) of the Small Business Act (15
U.S.C. 637(a));
(B) to the maximum extent practicable, shall enter into
contracts with small business concerns owned and controlled
by socially and economically disadvantaged individuals, and
organizations contained in paragraphs (2) through (4) of
subsection (a)--
(i) using less than full and open competitive procedures
under such terms and conditions as the Administrator deems
appropriate, and
(ii) using an administrative system for justifications and
approvals that, in the Administrator's discretion, may best
achieve the purpose of this section; and
(C) shall issue regulations to require that any contract in
excess of $500,000 contain a provision requiring that no less
than 10 per centum of the dollar value of the contract be
subcontracted to entities described in subsection (a),
except--
(i) to the extent the Administrator determines otherwise on
a case-by-case or category-of-contract basis; and
(ii) this subparagraph does not apply to any prime
contractor that is an entity described in subsection (a).
(3) Each person with contracting authority who is attached
to the Agency's headquarters in Washington, as well as all
Agency missions and regional offices, shall notify the
Agency's Office of Small and Disadvantaged Business
Utilization at least seven business days before advertising a
contract in excess of $100,000, except to the extent that the
Administrator determines otherwise on a case-by-case or
category-of-contract basis.
(4) The Administrator shall include, as part of the
performance evaluation of any mission director of the agency,
the mission director's efforts to carry out this section.
(5) The Administrator shall submit to the Congress annual
reports on the implementation of this section. Each such
report shall specify the number and dollar value or amount
(as the case may be) of prime contracts, subcontracts,
grants, and cooperative agreements awarded to entities
described in subsection (a) during the preceding fiscal year.
(c) As used in this section, the term ``socially and
economically disadvantaged individuals'' has the same meaning
that term is given for purposes of section 8(d) of the Small
Business Act, except that the term includes women.
USE OF AMERICAN RESOURCES
Sec. 556. To the maximum extent possible, assistance
provided under this Act should make full use of American
resources, including commodities, products, and services.
limitations on assistance for nicaragua
Sec. 557. (a) Funds appropriated by this Act under the
heading ``Economic Support Fund'' may only be made available
to the Government of Nicaragua upon the notification, in
writing, by the Secretary of State to the appropriate
committees that he has determined that significant and
tangible progress is being made by the Government of
Nicaragua toward--
(1) the prosecution of any individual identified as part of
a terrorist/kidnapping ring by the investigation of issues
raised by the discovery, after the May 23 explosion in
Managua, of weapons caches, false passports, identity papers
and other documents, suggesting the existence of such a ring,
including all government officials (including any members of
the armed forces or security forces);
(2) the resolution of expropriation claims and the
effective compensation of legitimate claims;
(3) the timely implementation of recommendations made by
the Tripartite Commission as it undertakes to review and
identify those responsible for gross human rights violations,
including the expeditious prosecution of individuals
identified by the commission in connection with such
violations;
(4) the enactment into law of legislation to reform the
Nicaraguan military and security forces in order to guarantee
civilian control over the armed forces;
(5) the establishment of civilian control over the police,
and the independence of the police from the military; and
(6) the effective reform of the Nicaraguan judicial system.
(b) The notification pursuant to subsection (a) above shall
include a detailed listing of the tangible evidence that
forms the basis for such determination.
(c) For purposes of this section, the term ``appropriate
committees'' means the Committees on Foreign Relations and
Appropriations of the Senate and Committees on Foreign
Affairs and Appropriations of the House of Representatives.
prohibition of payments to united nations members
Sec. 558. None of the funds appropriated or made available
pursuant to this Act for carrying out the Foreign Assistance
Act of 1961, may be used to pay in whole or in part any
assessments, arrearages, or dues of any member of the United
Nations.
consulting services
Sec. 559. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order pursuant to existing
law.
private voluntary organizations--documentation
Sec. 560. None of the funds appropriated or made available
pursuant to this Act shall be available to a private
voluntary organization which fails to provide upon timely
request any document, file, or record necessary to the
auditing requirements of the Agency for International
Development, nor shall any of
[[Page 962]]
the funds appropriated by this Act be made available to any
private voluntary organization which is not registered with
the Agency for International Development.
special debt relief for the poorest
Sec. 561. (a)(1) Authority To Reduce Debt.--The President
may reduce amounts owed to the United States (or any agency
of the United States) by an eligible country as a result of--
(A) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961; or
(B) credits extended or guarantees issued under the Arms
Export Control Act.
(2) Limitations.--
(A) The authority provided by paragraph (1) may be
exercised only to implement multilateral official debt relief
and referendum agreements, commonly referred to as ``Paris
Club Agreed Minutes''.
(B) The authority provided by paragraph (1) may be
exercised only in such amounts or to such extent as is
provided in advance by appropriations Acts.
(C) The authority provided by paragraph (1) may be
exercised only with respect to countries with heavy debt
burdens that are eligible to borrow from the International
Development Association, but not from the International Bank
for Reconstruction and Development, commonly referred to as
``IDA-only'' countries.
(3) Conditions.--The authority provided by paragraph (1)
may be exercised only with respect to a country whose
government--
(A) does not have an excessive level of military
expenditures;
(B) has not repeatedly provided support for acts of
international terrorism;
(C) is not failing to cooperate on international narcotics
control matters; and
(D) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of
internationally recognized human rights.
(4) Availability of Funds.--The authority provided by
paragraph (1) may be used only with regard to funds
appropriated by this Act under the heading ``Debt
Restructuring''.
(5) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to paragraph (1) shall not be considered assistance
for purposes of any provision of law limiting assistance to a
country.
guarantees
Sec. 562. Section 251(b)(2)(G) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking
``1994'' and inserting in lieu thereof ``1994 and 1995'' in
both places that this appears.
PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT LETHAL
MILITARY EQUIPMENT TO COUNTRIES SUPPORTING INTERNATIONAL TERRORISM
Sec. 563. (a) None of the funds appropriated or otherwise
made available by this Act may be available to any foreign
government which provides lethal military equipment to a
country the government of which the Secretary of State has
determined is a terrorist government for purposes of section
40(d) of the Arms Export Control Act. The prohibition under
this section with respect to a foreign government shall
terminate 12 months after that government ceases to provide
such military equipment. This section applies with respect to
lethal military equipment provided under a contract entered
into after the date of enactment of this Act.
(b) Assistance restricted by subsection (a) or any other
similar provision of law, may be furnished if the President
determines that furnishing such assistance is important to
the national interests of the United States.
(c) Whenever the waiver of subsection (b) is exercised, the
President shall submit to the appropriate congressional
committees a report with respect to the furnishing of such
assistance. Any such report shall include a detailed
explanation of the assistance to be provided, including the
estimated dollar amount of such assistance, and an
explanation of how the assistance furthers United States
national interests.
withholding of assistance for parking fines owed by foreign countries
Sec. 564. (a) In General.--Of the funds made available for
a foreign country under part I of the Foreign Assistance Act
of 1961, an amount equivalent to 110 percent of the total
unpaid fully adjudicated parking fines and penalties owed to
the District of Columbia by such country as of the date of
enactment of this Act shall be withheld from obligation for
such country until the Secretary of State certifies and
reports in writing to the appropriate congressional
committees that such fines and penalties are fully paid to
the government of the District of Columbia.
(b) Definition.--For purposes of this section, the term
``appropriate congressional committees'' means the Committee
on Foreign Relations and the Committee on Appropriations of
the Senate and the Committee on Foreign Affairs and the
Committee on Appropriations of the House of Representatives.
limitation on assistance for the plo for the west bank and gaza
Sec. 565. None of the funds appropriated by this Act may be
obligated for assistance for the Palestine Liberation
Organization for the West Bank and Gaza unless the President
has exercised the authority under section 583(a) of the
Middle East Peace Facilitation Act of 1994 (part E of title V
of Public Law 103-236) or any other legislation to suspend or
make inapplicable section 307 of the Foreign Assistance Act
of 1961 and that suspension is still in effect: Provided,
That if the President fails to make the certification under
section 583(b)(2) of the Middle East Peace Facilitation Act
or to suspend the prohibition under other legislation, funds
appropriated by this Act may not be obligated for assistance
for the Palestine Liberation Organization for the West Bank
and Gaza unless the President determines that it is in the
national interest to do so and so reports to the Congress.
procurement reduction
Sec. 566. (a) Of the budgetary resources available to the
Agency for International Development during fiscal year 1995,
$1,598,000 are permanently canceled.
(b) The Administrator of the Agency for International
Development shall allocate the amount of budgetary resources
canceled among the Agency's accounts available for
procurement and procurement-related expenses. Amounts
available for procurement and procurement-related expenses in
each such account shall be reduced by the amount allocated to
such account.
(c) For the purposes of this section, the definition of
``procurement'' includes all stages of the process of
acquiring property or services, beginning with the process of
determining a need for a product or services and ending with
contract completion and closeout, as specified in section
403(a)(2) of title 41, United States Code.
implementation of wapenhans report recommendations
Sec. 567. Funds appropriated by title I of this Act under
the headings ``Contribution to the International Bank for
Reconstruction and Development'', ``Contribution to the
International Development Association'', and ``Contribution
to the International Finance Corporation'' shall not be
available for payment to any such institution unless the
Secretary of the Treasury (1) determines that the
recommendations contained in the report entitled Report of
the Portfolio Management Task Force (commonly referred to as
the ``Wapenhans Report'') continue to be implemented, and (2)
reports that determination to the Committee on Appropriations
and the Committee on Banking, Finance and Urban Affairs of
the House of Representatives and the Committee on
Appropriations and the Committee on Foreign Relations of the
Senate.
restrictions on assistance to russia
Sec. 568. (a) Restriction.--None of the funds appropriated
or otherwise made available by this Act may be obligated for
assistance for the Government of Russia after December 31,
1994, unless it has been made known to the President that all
armed forces of Russia and the Commonwealth of Independent
States have been removed from all Baltic countries or that
the status of those armed forces have been otherwise resolved
by mutual agreement of the parties.
(b) Exemption.--Subsection (a) does not apply to assistance
that involves the provision of student exchange programs,
food, clothing, medicine, or other humanitarian assistance or
to housing assistance for officers of the armed forces of
Russia or the Commonwealth of Independent States who are
removed from the territory of Estonia, Latvia, and Lithuania.
(c) Waiver.--Subsection (a) does not apply if after
December 31, 1994, the President determines that the
provision of funds to the Government of Russia is in the
national interest.
additional limitation on funds to ensure implementation of wapenhans
report recommendations
Sec. 569. (a) Limitation on Amounts Available Before April
1, 1995.--If amounts appropriated by title I become available
pursuant to section 567--
(1) not more than $30,000,000 shall be available for
obligation before April 1, 1995, for ``Contribution to the
International Bank for Reconstruction and Development'' for
payment for contribution to the Global Environment Facility;
(2) not more than $1,024,332,000 shall be available for
obligation before April 1, 1995, for ``Contribution to the
International Development Association''; and
(3) not more than $35,761,500 shall be available for
obligation before April 1, 1995, for ``Contribution to the
International Finance Corporation''.
(b) Requirements for Availability of Additional Amounts.--
No amount in excess of any sum specified in subsection (a)
with respect to an account or activity shall become available
on or after April 1, 1995, unless the Secretary of the
Treasury--
(1) determines that the recommendations contained in the
report entitled Report of the Portfolio Management Task Force
(commonly referred to as the ``Wapenhans Report'') continue
to be implemented as of such date;
(2) reports such determination to the Committee on
Appropriations and the Committee on Banking, Finance and
Urban Affairs of the House of Representatives and the
Committee on Appropriations and the Committee on Foreign
Relations of the Senate; and
(3) complies with the regular notification procedures of
the Committee on Appropriations.
purchase of american-made equipment and products
Sec. 570. (a) Sense of Congress.--It is the sense of the
Congress that, to the greatest extent practicable, all
equipment and products purchased with funds made available in
this Act should be American-made.
(b) Notice Requirement.--In providing financial assistance
to, or entering into any
[[Page 963]]
contract with, any entity using funds made available in this
Act, the head of each Federal agency shall provide, to the
greatest extent practicable, to such entity a notice
describing the statement made in subsection (a) by the
Congress.
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1995''.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
Mr. CALLAHAN moved to recommit the bill to the Committee on
Appropriations with instructions to report the bill back to the House
forthwith with the following amendments:
On page 32, line 1, strike ``$900,000,000'' and insert in
lieu thereof ``$875,500,000''; and
On page 36, line 5, strike ``$100,000,000'' and insert in
lieu thereof ``$115,000,000''.
After debate,
By unanimous consent, the previous question was ordered on the motion
to recommit with instructions.
The question being put, viva voce,
Will the House recommit said bill with instructions?
The SPEAKER pro tempore, Mr. McNULTY, announced that the yeas had it.
So the motion to recommit with instructions was agreed to.
Mr. OBEY, by direction of the Committee on Appropriations and pursuant
to the foregoing order of the House reported the bill back to the House
with said amendment.
The question being put, viva voce,
Will the House agree to said amendment?
The SPEAKER pro tempore, Mr. McNULTY, announced that the yeas had it.
So the amendment was agreed to.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. McNULTY, announced that the yeas had it.
Mr. LIVINGSTON demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
337
<3-line {>
affirmative
Nays
87
Para. 56.34 [Roll No. 208]
AYES--337
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Bachus (AL)
Baesler
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (WI)
Bartlett
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Burton
Byrne
Calvert
Camp
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (IL)
Collins (MI)
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Cunningham
Danner
Darden
de la Garza
Deal
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Dornan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Ewing
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallo
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Gordon
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastert
Hastings
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutto
Hyde
Inhofe
Inslee
Istook
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCollum
McCrery
McCurdy
McDermott
McHale
McHugh
McInnis
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Michel
Miller (CA)
Mineta
Mink
Moakley
Molinari
Mollohan
Moran
Morella
Murtha
Nadler
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quinn
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sangmeister
Santorum
Sawyer
Saxton
Schenk
Schiff
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spratt
Stenholm
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Talent
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Tucker
Unsoeld
Upton
Velazquez
Vento
Visclosky
Vucanovich
Walsh
Waters
Watt
Waxman
Wheat
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Zeliff
Zimmer
NOES--87
Applegate
Archer
Armey
Baker (CA)
Barrett (NE)
Barton
Bonilla
Brooks
Bunning
Buyer
Callahan
Canady
Collins (GA)
Combest
Condit
Crane
Crapo
DeFazio
Doolittle
Dreier
Duncan
Emerson
Everett
Fields (TX)
Gallegly
Gekas
Goodling
Goss
Hall (TX)
Hancock
Hansen
Hayes
Hefley
Hefner
Herger
Hutchinson
Inglis
Jacobs
Johnson, Sam
Kaptur
Lewis (FL)
Lloyd
McCandless
McKeon
Mica
Miller (FL)
Minge
Montgomery
Moorhead
Myers
Neal (NC)
Nussle
Orton
Oxley
Packard
Petri
Pombo
Quillen
Rahall
Roberts
Roemer
Rogers
Rohrabacher
Roth
Sanders
Sarpalius
Schaefer
Schroeder
Sensenbrenner
Shuster
Smith (MI)
Smith (OR)
Smith (TX)
Solomon
Spence
Stark
Stearns
Stump
Tanner
Tauzin
Taylor (MS)
Traficant
Valentine
Volkmer
Walker
Weldon
Young (FL)
NOT VOTING--9
Blackwell
Fish
Ford (MI)
Grandy
Horn
McDade
Murphy
Washington
Whitten
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 56.35 clerk to correct engrossment
On motion of Mr. OBEY, by unanimous consent,
Ordered, That in the engrossment of the foregoing bill, the Clerk be
authorized to correct section numbers, punctuation, cross references,
and to make other technical corrections.
Para. 56.36 u.s. group of the north atlantic assembly
The SPEAKER pro tempore, Mr. McNULTY, announced that pursuant to the
provisions of 22 U.S.C. 1928a, appointed on behalf of the Speaker to the
North Atlantic Assembly, Mr. Rose, Chairman, Mr. Hamilton, Vice
Chairman, and Messrs. Brooks, Coleman, Solomon, and Bereuter, on the
part of the House.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 56.37 recess--11:34 p.m.
The SPEAKER pro tempore, Mr. PAYNE of Virginia, pursuant to clause 12
of rule I, declared the House in recess at 11 o'clock and 34 minutes
p.m., subject to the call of the Chair.
THURSDAY, MAY 26 (LEGISLATIVE DAY OF MAY 25), 1994
Para. 56.38 after recess--12:14 a.m.
The SPEAKER pro tempore, Mr. GORDON, called the House to order.
Para. 56.39 providing for the consideration of h.r. 4454
Mr. GORDON, by direction of the Committee on Rules, reported (Rept.
No. 103-532) the resolution (H. Res. 444) making approprations for the
Legislative Branch for the fiscal year ending September 30, 1995, and
for other purposes.
[[Page 964]]
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 56.40 leave of absence
By unanimous consent, leave of absence was granted to Mr. ORTIZ, for
today before 3:20 p.m.
Para. 56.41 motion to adjourn
Mr. MOAKLEY moved that the House do now adjourn.
The question being put,
Will the House now adjourn?
The SPEAKER pro tempore, Mr. GORDON, announced that the yeas had it.
On a division demanded by Mr. WALKER, there appeared, yeas--4, nays--
3.
So the motion to adjourn was agreed to.
Accordingly,
At 12 o'clock and 14 minutes a.m., Thursday, May 26 (legislative day
of Wednesday, May 25) 1994, the House adjourned.
Para. 56.42 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. HALL of Ohio: Committee on Rules. House Resolution 443.
Resolution providing for the consideration of the bill (H.R.
4426) making appropriations for foreign operations, export
financing, and related programs for the fiscal year ending
September 30, 1995 (Rept. No. 103-530). Referred to the House
Calendar.
Mr. HAMILTON: Committee on Foreign Affairs. H.R. 3937. A
bill entitled: ``The Export Administration Act of 1994'';
with amendments (Rept. No. 103-531 Pt. 1). Ordered to be
printed.
Mr. DERRICK: Committee on Rules. House Resolution 444.
Resolution providing for consideration of the bill (H.R.
4454) making appropriations for the legislative branch for
the fiscal year ending September 30, 1995, and for other
purposes (Rept. No. 103-532). Referred to the House Calendar.
Para. 56.43 subsequent action on a reported bill sequentially referred
Under clause 5 of Rule X the following action was taken by the
Speaker:
H.R. 3937. Referred to the Committees on Armed Services,
Judiciary, Public Works and Transportation, Ways and Means
and the Permanent Select Committee on Intelligence for a
period ending not later than June 17, 1994, for consideration
of such provisions contained in the bill and amendment as
fall within the respective jurisdictions of those committees
pursuant to rule X.
Para. 56.44 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Ms. NORTON:
H.R. 4486. A bill to prohibit any executive branch agency
from entering into any service contract if the services
procured under the contract can be performed at a lower cost
by employees of the agency; to the Committee on Government
Operations.
By Ms. NORTON:
H.R. 4487. A bill to require the Director of the Office of
Management and Budget to develop and implement a system for
determining and reporting the number of individuals employed
by non-Federal Government entities providing services under
contracts awarded by executive branch agencies; to the
Committee on Government Operations.
By Ms. NORTON:
H.R. 4488. A bill to amend the Federal Workforce
Restructuring Act of 1994 to provide that the duties
performed by individuals separating from Government service
in order to receive a voluntary separation incentive payment
may not be performed by any person under contract with the
United States; jointly, to the Committees on Government
Operations and Post Office and Civil Service.
By Mr. BROWN of California:
H.R. 4489. A bill to authorize appropriations to the
National Aeronautics and Space Administration for human space
flight, science, aeronautics and technology, mission support,
and inspector general, and for other purposes; to the
Committee on Science, Space, and Technology.
By Mr. BRYANT:
H.R. 4490. A bill to extend the Administrative Conference
of the United States and for other purposes; to the Committee
on the Judiciary.
By Mr. CANADY (for himself, Mr. Pete Geren of Texas,
Mr. Frost, Mr. Tauzin, Mr. Hayes, Mr. Sisisky, Mrs.
Thurman, Mr. Talent, Mr. Dornan, Mr. Stump, Mr. Baker
of California, Mr. Linder, Mr. DeLay, Mr. Oxley, Mr.
Levy, Mr. Santorum, Mr. Pombo, Mrs. Fowler, Mr. Lewis
of California, Mr. McCollum, Mr. Spence, Mr. Goss,
Mr. Klug, Mr. Walker, Mr. Ramstad, Mr. Hutchinson,
Mr. Schaefer, Mr. Livingston, Mr. Smith of Texas, Mr.
Hoekstra, Mr. Bilirakis, Mr. Inglis of South
Carolina, Mr. King, Mr. Saxton, Mr. Ewing, and Mr.
Mica):
H.R. 4491. A bill to amend the Juvenile Justice and
Delinquency Prevention Act of 1974 to identify hardcore
juvenile offenders and treat them as adults; to the Committee
on Education and Labor.
By Mr. de la GARZA (for himself, Mr. Johnson of South
Dakota, and Mr. Combest) (all by request):
H.R. 4492. A bill to extend the authorization for
appropriations for the Commodity Futures Trading Commission
for 5 fiscal years; to the Committee on Agriculture.
By Mr. MANN:
H.R. 4493. A bill to amend title 11 of the United States
Code to limit the value of certain real and personal property
that the debtor may elect to exempt under State or local law;
to the Committee on the Judiciary.
By Mr. NADLER (for himself, Mr. Peterson of Florida,
Mr. Payne of New Jersey, Mr. Engel, Mr. Frost,
Mr. Hochbrueckner, and Ms. Velazquez):
H.R. 4494. A bill to guarantee the provision of minimum
child support benefits and to reform the child support
enforcement system; jointly, to the Committees on Ways and
Means; Energy and Commerce; Banking, Finance and Urban
Affairs; Agriculture; and Education and Labor.
By Mr. OBERSTAR (for himself and Mr. Lewis of Georgia):
H.R. 4495. A bill to amend the Federal Aviation Act of 1958
to prohibit smoking on all scheduled airline flight segments
in air transportation or intrastate air transportation; to
the Committee on Public Works and Transportation.
By Mr. OBERSTAR:
H.R. 4496. A bill to amend the Surface Transportation
Assistance Act of 1982 and title 23, United States Code,
concerning length and weight limitations for vehicles
operating on Federal-aid highways; to the Committee on Public
Works and Transportation.
By Mr. SCHUMER (for himself, Mr. Gingrich, Mr. Lewis of
Georgia, and Mr. Lewis of California):
H.R. 4497. A bill to award a congressional gold medal to
Rabbi Menachem Mendel Schneerson; to the Committee on
Banking, Finance and Urban Affairs.
By Mrs. MINK of Hawaii (for herself, Mr. Abercrombie,
Mr. Becerra, Mr. Clay, Mrs. Clayton, Ms. Collins of
Michigan, Mr. Dellums, Mr. Edwards of California, Mr.
Engel, Mr. Evans, Mr. Faleomavaega, Mr. Filner, Mr.
Frank of Massachusetts, Mr. Gonzalez, Mr. Hamburg,
Mr. Hastings, Mr. Hinchey, Mr. Jefferson, Ms. Eddie
Bernice Johnson of Texas, Mr. Lewis of Georgia, Mr.
Martinez, Ms. McKinney, Mrs. Meek of Florida, Mr.
Mfume, Mr. Mineta, Mr. Nadler, Ms. Norton, Mr. Olver,
Mr. Owens, Mr. Pastor, Mr. Payne of New Jersey, Mr.
Rangel, Mr. Romero-Barcelo, Ms. Roybal-Allard, Mr.
Rush, Mrs. Schroeder, Mr. Serrano, Mr. Towns, Mr.
Underwood, Mrs. Unsoeld, Ms. Velazquez, Mr.
Washington, Ms. Waters, Mr. Watt, Ms. Woolsey, Mr.
Wynn, Mr. Yates, Mr. Conyers, and Mr. Foglietta):
H.R. 4498. A bill to provide additional assistance to
persons receiving aid to families with dependent children who
are most likely to use the assistance to end their welfare
dependence; jointly, to the Committees on Ways and Means;
Education and Labor; Banking, Finance and Urban Affairs; and
Agriculture.
By Ms. NORTON:
H.R. 4499. A bill to permit an individual to be treated by
a health care practitioner with any method of medical
treatment such individual requests, and for other purposes;
to the Committee on Energy and Commerce.
By Mr. CONYERS:
H.J. Res. 370. Joint resolution designating May 25, 1995,
as ``National Tap Dance Day''; to the Committee on Post
Office and Civil Service.
By Mr. FLAKE (for himself, Mr. Ackerman, Ms. McKinney,
Mrs. Meek of Florida, Ms. Brown of Florida, Mr. Watt,
Mr. Reynolds, Mr. Rush, Mr. Payne of New Jersey, Mr.
Ford of Tennessee, Ms. Waters, Mrs. Clayton, Mr.
Thompson, Mr. Hilliard, Mr. Dixon, Mr. Rangel, Ms.
Eddie Bernie Johnson of Texas, Ms. Collins of
Michigan, Mrs. Collins of Illinois, Mr. Mfume, Mr.
Lewis of Georgia, Mr. Conyers, Mr. Clyburn, Mr.
Bishop, Mr. Tucker, Mr. Wynn, and Mr. Jefferson):
H. Con. Res. 252. Concurrent resolution expressing the
sense of the Congress that a postage stamp should be issued
to recognize the achievements of Lewis Howard Latimer; to the
Committee on Post Office and Civil Service.
By Mr. MICHEL:
H. Res. 442. Resolution electing Representative Lucas of
Oklahoma to the Committees on Agriculture and Government
Operations; considered and agreed to.
Para. 56.45 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
399. By the SPEAKER: Memorial of the Senate of the State of
Hawaii, relative to unfunded Federal mandates imposed on
States;
[[Page 965]]
to the Committee on Government Operations.
400. Also, memorial of the Senate of the State of Hawaii,
relative to urging the U.S. Government to cease further
preemption of State and local powers; jointly, to the
Committees on Government Operations and the Judiciary.
401. Also, memorial of the House of Representatives of the
State of Hawaii, relative to aliens; to the Committee on the
Judiciary.
402. Also, memorial of the House of Representatives of the
State of New Hampshire, relative to atomic veterans; to the
Committee on Veterans' Affairs.
403. Also, memorial of the Assembly of the State of
California, relative to California's missing children;
jointly, to the Committees on the Judiciary and Post Office
and Civil Service.
Para. 56.46 private bills and resolutions
Under clause 1 of rule XXII,
Mr. TORKILDSEN introduced a bill (H.R. 4500) to authorize
the Secretary of Transportation to issue a certificate of
documentation with appropriate endorsement for employment in
the coastwise trade for the vessel Chrissy; which was
referred to the Committee on Merchant Marine and Fisheries.
Para. 56.47 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 692: Mr. Hamburg.
H.R. 799: Mr. Condit.
H.R. 1106: Ms. DeLauro.
H.R. 1543: Mr. Canady.
H.R. 1551: Mr. Johnson of Georgia.
H.R. 1817: Ms. Pryce of Ohio.
H.R. 1910: Mr. Myers of Indiana, Ms. Dunn, Mr. Canady, Mr.
Royce, and Mr. Condit
H.R. 2444: Mr. Hastert, Mr. Smith of Michigan, Mr. Hoke,
Mr. Duncan, Mr. Oxley, Mr. Lewis of California, Mr. Dreier,
Mrs. Roukema, Ms. Pryce of Ohio, Mr. Pombo, Mr. Ewing, Mr.
Skeen, Mr. Brewster, Mrs. Vucanovich, Mr. Gilchrest, Mr.
Schiff, Mr. Kyl, Mr. Bachus of Alabama, and Mr. Ravenel.
H.R. 2586: Mr. Barrett of Nebraska and Mr. Blute.
H.R. 2607: Mr. Torres.
H.R. 2710: Mr. Dixon, Mr. Farr, Mr. Hilliard, Ms. McKinney,
Mr. Pallone, and Ms. Velazquez.
H.R. 2803: Mr. Emerson and Mr. Schiff.
H.R. 2866: Ms. Norton, Mr. Price of North Carolina, and
Mrs. Morella.
H.R. 2957: Mr. Kingston.
H.R. 3017: Mr. Richardson.
H.R. 3031: Mr. Talent and Mr. Stearns.
H.R. 3087: Mr. Lucas and Mr. Hamburg.
H.R. 3283: Mr. Franks of New Jersey.
H.R. 3433: Mr. Condit, Mr. Horn, and Mr. Sarpalius.
H.R. 3446: Mr. Kyl.
H.R. 3491: Mr. Fish, Mr. Lewis of California, and Mr. Hyde.
H.R. 3561: Mr. Waxman and Ms. Collins of Michigan.
H.R. 3584: Mr. Barlow, Mr. Brown of Ohio, Mr. Camp, Mr.
McHale, Mrs. Vucanovich, and Mr. Zeliff.
H.R. 3646: Mr. Combest, Mr. Penny, Mr. DeLay, Mr. Williams,
Mr. Hansen, and Mr. Johnson of South Dakota.
H.R. 3656: Mr. Meehan and Mr. Lazio.
H.R. 3685: Mr. Zeliff.
H.R. 3727: Mr. Smith of New Jersey, Mr. Porter, and Mrs.
Meyers of Kansas.
H.R. 3765: Mr. Williams.
H.R. 3785: Mr. Tucker.
H.R. 3820: Mr. Collins of Georgia, Mr. Tauzin, Ms. Norton,
Mr. Cox, Mr. Gingrich, Mr. Goodlatte, Ms. Molinari, Mr.
Paxon, Mr. Frank of Massachusetts, Mr. Johnson of South
Dakota, Mr. Bishop, Mr. Clement, Mr. Gene Green of Texas, Mr.
Flake, Mr. Dickey, Mr. Lazio, Mr. Walsh, Mr. Beilenson, Mr.
Costello, Mr. Durbin, Mr. Edwards of California, Mr. Hughes,
Mr. Hayes, Ms. Kaptur, Mr. Kildee, Mr. McCurdy, Mr. Mazzoli,
Mr. Miller of California, Mr. Moran, Mr. Neal of
Massachusetts, Ms. Pelosi, Mr. Price of North Carolina, Mr.
Rangel, Mr. Sabo, Mr. Schumer, Mrs. Schroeder, Mr. Studds,
Ms. Waters, Mr. Wise, Mr. Penny, and Mr. Sawyer.
H.R. 3827: Mr. Hamburg, Ms. Velazquez, Mr. Vento, and Mr.
Gutierrez.
H.R. 3866: Mr. LaFalce, Mr. Klein, Mr. Jefferson, Mr.
Valentine, Mr. Farr, Mr. Watt, Mr. Diaz-Balart, Mr. Miller of
California, Mr. DeFazio, and Mr. Rose.
H.R. 3900: Mr. Pastor.
H.R. 3955: Mr. Hutto and Mr. Gillmor.
H.R. 3978: Mr. Thomas of California.
H.R. 4024: Mr. Baesler.
H.R. 4057: Ms. Lambert, Mr. Sangmeister, Mr. McHale, Mr.
Dornan, Mr. McHugh, and Mr. Mann.
H.R. 4095: Mr. DeLay.
H.R. 4096: Mr. Saxton, Mrs. Meek of Florida, Mr. Browder,
Mr. Murphy, Ms. Eddie Bernice Johnson of Texas, Mrs. Meyers
of Kansas, Mr. Bevill, Mr. Jefferson, Mr. Gene Green of
Texas, and Mr. Callahan.
H.R. 4135: Mr. Klink, Mr. Knollenberg, Mr. Traficant, Mr.
Sharp, Mr. Jacobs, Ms. Long, Mr. McCloskey, Mr. Visclosky,
Mr. Burton of Indiana, Mr. Barrett of Wisconsin, Mr. Pete
Geren of Texas, Mr. Baker of California, Mr. Pallone, Mr.
Bliley, Mr. Bryant, Mr. Ravenel, Mr. Johnson of South Dakota,
Mr. Calvert, Mr. Edwards of California, Mr. Whitten, and Mr.
Michel.
H.R. 4148: Mr. Hilliard and Mrs. Morella.
H.R. 4248: Mr. Shays.
H.R. 4326: Mr. Hoagland, Mr. Archer, Mr. McCrery, Mr.
Sundquist, and Mr. Jacobs.
H.R. 4350: Mr. Hefley.
H.R. 4365: Mr. Peterson of Minnesota, Mr. Dornan, Mr.
Kingston, Mr. Traficant, and Mr. Goss.
H.R. 4366: Mr. Filner, Miss. Collins of Michigan, Mr.
Evans, Mr. Jefferson, Mr. Owens, and Ms. Velazquez.
H.R. 4374: Mr. Franks of New Jersey, Mr. Bacchus of
Florida, and Mr. Clement.
H.R. 4392: Mr. Fish.
H.R. 4399: Mrs. Morella, Mr. Johnson of South Dakota, and
Mr. Pomeroy.
H.R. 4400: Mr. McCloskey, Mr. Dellums, Mr. Foglietta, and
Mr. Bilbray.
H.R. 4403: Mr. Wheat.
H.R. 4414: Mrs. Lloyd and Mr. Bilbray.
H.R. 4473: Mr. Linder.
H.J. Res. 189: Mr. Roemer, Mr. Clyburn, Mr. Hughes, Mr.
Barrett of Wisconsin, Mr. King, and Mr. Levy.
H.J. Res. 327: Mr. Hoagland, and Ms. Roybal-Allard.
H.J. Res. 346: Mr. Dellums, Mr. Neal of Massachusetts, Mr.
Bevill, Mr. Blute, Mrs. Lloyd, Mr. Ravenel, Mr. Applegate,
Mr. Engel, Mrs. Morella, Mr. Frost, Mr. Myers of Indiana, Mr.
Bateman, Mr. Rahall, Mr. King, Mr. Johnson of South Dakota,
Mr. Walsh, Mr. Kasich, Mr. Underwood, Mr. Bilirakis, Mr.
Reynolds, Mr. Ortiz, Mrs. Byrne, Mr. Evans, Mr. Waxman, Mr.
McDermott, Mr. Gene Green of Texas, Mr. Horn, Mr.
Faleomavaega, Mr. Washington, Mr. Barrett of Wisconsin, Mr.
McNulty, and Mr. Lancaster.
H. Con. Res. 103: Mr. Richardson.
H. Con. Res. 166: Mr. Baker of California.
H. Con. Res. 210: Mr. Fawell.
H. Res. 291: Mr. Goodlatte and Mr. McCrery.
H. Res. 403: Mr. Miller of Florida, Mr. Moorhead, Mr.
Pallone, Mr. Payne of New Jersey, Mr. Moakley, Mr. Serrano,
Mr. Sarpalius, Mr. Spratt, Mr. Washington, Mr. Flake, Mr.
Edwards of Texas, Mr. Moran, Mr. Meehan, Mr. Lancaster, Mr.
Emerson, Mr. Ravenel, Mr. Martinez, Ms. Eddie Bernice Johnson
of Texas, Mr. Mineta, Mr. Pomeroy, and Ms. Slaughter.
H. Res. 437: Mr. Lightfoot and Mr. Emerson.
Para. 56.48 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 306: Mr. Boehner.
H.R. 3755: Mr. Boehner.
H.R. 3790: Mr. Grandy, Mr. Barrett of Nebraska, Mrs. Meyers
of Kansas, and Mr. Strickland.
H.J. Res. 327: Mr. Boehner.
.
THURSDAY, MAY 26, 1994 (57)
The House was called to order by the SPEAKER.
Para. 57.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Wednesday, May 25, 1994.
Mr. HANSEN, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the nays had it.
Mr. HANSEN objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
238
When there appeared
<3-line {>
Nays
152
Para. 57.2 [Roll No. 209]
YEAS--238
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Bevill
Bilbray
Bishop
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Byrne
Cardin
Carr
Clayton
Clement
Clyburn
Coleman
Collins (GA)
Collins (IL)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Derrick
Deutsch
Dicks
Dingell
Dooley
Durbin
Edwards (CA)
Edwards (TX)
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Frank (MA)
Furse
Gephardt
Geren
Gibbons
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Houghton
Hoyer
Hughes
Hutto
Inglis
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
[[Page 966]]
Kingston
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Livingston
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCrery
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Mineta
Minge
Mink
Moakley
Montgomery
Moran
Murtha
Myers
Nadler
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Snowe
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Synar
Tanner
Tauzin
Tejeda
Thomas (WY)
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Wise
Wyden
Wynn
Yates
NAYS--152
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bentley
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clay
Clinger
Coble
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gingrich
Goodlatte
Goodling
Goss
Grams
Gunderson
Hancock
Hansen
Hastert
Hefley
Hobson
Hoekstra
Hoke
Hunter
Hutchinson
Hyde
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kim
King
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lightfoot
Linder
Lucas
Machtley
Manzullo
McCandless
McCollum
McDade
McHugh
McInnis
McKeon
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Murphy
Nussle
Oxley
Packard
Paxon
Petri
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stump
Sundquist
Taylor (MS)
Taylor (NC)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--43
Bacchus (FL)
Bereuter
Berman
Blackwell
Brown (CA)
Cantwell
Chapman
Collins (MI)
Cox
Dellums
Dixon
Engel
Fish
Ford (MI)
Ford (TN)
Frost
Gejdenson
Grandy
Greenwood
Gutierrez
Hall (OH)
Herger
Horn
Huffington
Lewis (FL)
Lloyd
McMillan
Miller (CA)
Mollohan
Morella
Neal (NC)
Payne (VA)
Slattery
Smith (NJ)
Swift
Talent
Thomas (CA)
Tucker
Washington
Whitten
Williams
Wilson
Woolsey
So the Journal was approved.
Para. 57.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3262. A letter from the Secretary of Agriculture,
transmitting a draft of proposed legislation to recover costs
of establishing standards for agricultural products; to the
Committee on Agriculture.
3263. A letter from the Secretary of Agriculture,
transmitting a draft of proposed legislation to amend the Egg
Products Inspection Act to recover the full costs for
inspection of egg products performed at times other than an
approved primary shift; to the Committee on Agriculture.
3264. A letter from the Secretary of Agriculture,
transmitting a draft of proposed legislation to recover costs
of standardization activities; to the Committee on
Agriculture.
3265. A communication from the President of the United
States, transmitting notification making available emergency
appropriations in budget authority for the Department of
Commerce pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended
(H. Doc. No. 103-263); to the Committee on Appropriations and
ordered to be printed.
3266. A letter from the Secretary of Energy, transmitting
notification of the delay of the report on the financing
options for Federal energy and water conservation; to the
Committee on Energy and Commerce.
3267. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on Foreign Affairs.
3268. A letter from the Director, Office of Management and
Budget, transmitting OMB estimate of the amount of change in
outlays or receipts, as the case may be, in each fiscal year
through fiscal year 1999 resulting from passage of H.R. 1134
and S. 341, pursuant to Public Law 101-508, section 13101(a)
(104 Stat. 1388-582); to the Committee on Government
Operations.
3269. A letter from the Director, National Legislative
Commission, The American Legion, transmitting a copy of the
Legion's financial statements as of December 31, 1993,
pursuant to 36 U.S.C. 1101(4), 1103; to the Committee on the
Judiciary.
3270. A letter from the Secretary, Department of
Transportation, transmitting a report on the private sector
involvement program, pursuant to Public Law 102-240, section
1060(d) (105 Stat. 2004); to the Committee on Public Works
and Transportation.
3271. A letter from the Chairman, National Transportation
Safety Board, transmitting a copy of the Board's submission
to OMB regarding S. 1588, pursuant to 49 U.S.C. app.
1903(b)(7); to the Committee on Public Works and
Transportation.
3272. A letter from the Administrator, NASA, transmitting
the annual report on actions taken and planned to implement
fully the metric system of measurement; to the Committee on
Science, Space, and Technology.
3273. A letter from the Secretary of Health and Human
Services, transmitting the 1995 Medicare physician fee
schedule update and fiscal year 1995 Medicare volume
performance standard [MVPS] recommendations; jointly, to the
Committees on Ways and Means and Energy and Commerce.
Para. 57.4 communication from the clerk--certificate of election
The SPEAKER laid before the House a communication, which was read as
follows:
Washington, DC,
May 26, 1994.
Hon. Thomas S. Foley,
The Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: I have the honor to transmit herewith a
facsimile copy of the certificate of election from the
Secretary of State, Commonwealth of Kentucky, indicating
that, according to the official returns of the Special
Election held on May 24, 1994, the Honorable Ron Lewis was
elected to the Office of Representative in Congress from the
Second Congressional District, Commonwealth of Kentucky.
With great respect, I am
Sincerely yours,
Donnald K. Anderson,
Clerk, U.S. House of Representatives.
Para. 57.5 member-elect sworn in
Mr. Ron LEWIS of the Second District of Kentucky, presented himself at
the bar of the House and took the oath of office prescribed by law.
Para. 57.6 providing for the adjournment of the two houses
The SPEAKER pro tempore, Mr. MURTHA, laid before the House the
following privileged concurrent resolution (S. Con. Res. 70):
Resolved by the Senate (the House of Representatives
concurring), That when the Senate recesses or adjourns at the
close of business on Wednesday, May 25, 1994, Thursday, May
26, 1994, Friday, May 27, 1994, or Saturday, May 28, 1994,
pursuant to a motion made by the Majority Leader or his
designee, in accordance with this resolution, it stand
recessed or adjourned until 12:00 noon on Tuesday, June 7,
1994, or until such time on that day as may be specified by
the Majority Leader or his designee in the motion to recess
or adjourn, or until 12:00 noon on the second day after
Members are notified to reassemble pursuant to section 2 of
this resolution, whichever occurs first; and that when the
House of Representatives adjourns on the legislative day of
Thursday, May 26, 1994, it stand adjourned until 12:00 noon
on Wednesday, June 8, 1994, or until 12:00 noon on the second
day after Members are notified to reassemble pursuant to
section 2 of this resolution, whichever occurs first.
Sec. 2. The Majority Leader of the Senate and the Speaker
of the House, acting jointly after consultation with the
Minority Leader of the Senate and the Minority Leader of the
House, shall notify the Members of the Senate and the House,
respectively, to reassemble whenever, in their opinion, the
public interest shall warrant it.
When said concurrent resolution was considered and agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
[[Page 967]]
Ordered, That the Clerk notify the Senate thereof.
Para. 57.7 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed without amendment bills of the House of the
following titles:
H.R. 1632. An Act to amend title 11, District of Columbia
Code, and Part C of title IV of the District of Columbia
Self-Government and Governmental Reorganization Act to remove
gender-specific references.
H.R. 3863. An Act to designate the Post Office building
located at 401 E. South Street in Jackson, Mississippi, as
the ``Medgar Wiley Evers Post Office''.
The message also announced that the Senate had passed with amendments
in which the concurrence of the House is requested, bills of the House
of the following titles:
H.R. 1631. An Act to amend title 11, District of Columbia
Code, to increase the maximum amount in controversy permitted
for cases under the jurisdiction of the Small Claims and
Conciliation Branch of the Superior Court of the District of
Columbia.
H.R. 4278. An Act to make improvements in the old-age,
survivors, and disability insurance program under title II of
the Social Security Act.
The message also announced that the Senate insisted upon its amendment
to the bill (H.R. 4278) ``An Act to make improvements in the old-age,
survivors, and disability insurance program under title II of the Social
Security Act,'' requested a conference with the House on the disagreeing
votes of the two Houses thereon, and appointed Mr. Moynihan, Mr. Baucus,
Mr. Breaux, Mr. Packwood, and Mr. Dole, to be the conferees on the part
of the Senate.
The message also announced that the Senate agreed to the report of the
committee of conference on the disagreeing votes of the two Houses on
the amendment of the House to the amendment of the Senate to the bill
(H.R. 965) ``An Act to provide for toy safety and for other purposes.''.
The message also announced that the Senate had passed bills of the
following titles, in which the concurrence of the House is requested:
S. 729. An Act to amend the Toxic Substances Control Act to
reduce the levels of lead in the environment, and for other
purposes.
S. 1030. An Act to amend title 38, United States Code, to
improve the Department of Veterans Affairs program of sexual
trauma services for veterans, to improve certain Department
of Veterans Affairs programs for women veterans, to extend
the period of entitlement to inpatient care for veterans
exposed to Agent Orange or ionizing radiation, to establish a
hospice care pilot program, to establish a rural health care
clinics program, to authorize the Secretary of Veterans
Affairs to provide per diem payments and construction grants
to State homes for adult day health care services, to
establish an education debt reduction program, and for other
purposes.
S. 1357. An Act to reaffirm and clarify the Federal
relationships of the Little Traverse Bay Bands of Odawa
Indians and the Little River Band of Ottawa Indians as
distinct federally recognized Indian tribes, and for other
purposes.
S. 1406. An Act to amend the Plant Variety Protection Act
to make such Act consistent with the International Convention
for the Protection of New Varieties of Plants of March 19,
1991, to which the United States is a signatory, and for
other purposes.
S. 2145. An Act to authorize the Secretary of Agriculture
to determine which programs of the Department of Agriculture
are eligible for State mediation and to certify States to
administer mediation for the programs, and for other
purposes.
The message also announced that pursuant to section 1928a-1928d, of
title 22, United States Code, as amended, the Chair, on behalf of the
Vice President, appointed Mr. Murkowski, as a member of the Senate
delegation to the North Atlantic Assembly Spring Meeting during the
second session of the one hundreds third Congress, to be held in Oslo,
Norway, May 26-30, 1994.
Para. 57.8 conferee resignation--h.r. 3841
The SPEAKER pro tempore, Mr. MURTHA, laid before the House the
following communication, which was read as follows:
Committee on the Judiciary,
Washington, DC, May 25, 1994.
Hon. Thomas S. Foley,
Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: I wish to be excused from services as a
conferee on the conference committee on the bill H.R. 3841,
to amend the Bank Holding Company Act of 1956.
With best wishes, I am
Sincerely,
Jack Brooks,
Chairman.
By unanimous consent, the resignation was accepted.
Para. 57.9 change of conferee--h.r. 3841
The SPEAKER pro tempore, Mr. MURTHA, by unanimous consent, appointed
Mr. Mazzoli as a conferee on the part of the House to the conference
with the Senate on the disagreeing votes of the two Houses on the
amendment of the Senate to the bill (H.R. 3841) to amend the Bank
Holding Company Act of 1956, the Revised Statutes of the United States,
and the Federal Deposit Insurance Act to provide for interstate banking
and branching, vice Mr. Brooks, resigned.
Ordered, That the Clerk notify the Senate thereof.
Para. 57.10 providing for the consideration of h.r. 4454
Mr. DERRICK, by direction of the Committee on Rules, called up the
following resolution (H. Res. 444):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 4454) making appropriations for the
legislative branch for the fiscal year ending September 30,
1995, and for other purposes. The first reading of the bill
shall be dispensed with. General debate shall be confined to
the bill and shall not exceed one hour equally divided and
controlled by the chairman and ranking minority member of the
Committee on Appropriations. After general debate the bill
shall be considered for amendment under the five-minute rule
and shall be considered as read. Points of order against
provisions in the bill for failure to comply with clause 2 of
rule XXI are waived. No amendment shall be in order except
those printed in the report of the Committee on Rules
accompanying this resolution. Each amendment may be offered
only in the order printed in the report, may be offered only
by a Member designated in the report, shall be considered as
read, shall be debatable for the time specified in the report
equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment except as
specified in the report, and shall not be subject to a demand
for division of the question in the House or in the Committee
of the Whole. All points of order against amendments printed
in the report are waived. The chairman of the Committee of
the Whole may postpone until a time during further
consideration in the Committee of the Whole a request for a
recorded vote on any amendment made in order by this
resolution. The chairman of the Committee of the Whole may
reduce to not less than five minutes the time for voting by
electronic device on any postponed question that immediately
follows another vote by electronic device without intervening
business, provided that the time for voting by electronic
device on the first in any series of questions shall be not
less than fifteen minutes. At the conclusion of consideration
of the bill for amendment the Committee shall rise and report
the bill to the House with such amendments as may have been
adopted. The previous question shall be considered as ordered
on the bill and amendments thereto to final passage without
intervening motion except one motion to recommit, or to
recommit with instructions if offered by Representative Young
of Florida or a designee.
When said resolution was considered.
After debate,
On motion of Mr. DERRICK, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. MURTHA, announced that the yeas had it.
Mr. DREIER objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
249
When there appeared
<3-line {>
Nays
177
Para. 57.11 [Roll No. 210]
YEAS--249
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
[[Page 968]]
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Washington
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--177
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cooper
Coppersmith
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hamilton
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--8
Blackwell
Clayton
Cox
Grandy
Horn
Lewis (FL)
Neal (NC)
Wilson
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 57.12 legislative branch appropriations
The SPEAKER pro tempore, Mr. MURTHA, pursuant to House Resolution 444
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 4454) making appropriations for the legislative branch for the
fiscal year ending September 30, 1995, and for other purposes.
The SPEAKER pro tempore, Mrs. MINK, by unanimous consent, designated
Mrs. MINK as Chairman of the Committee of the Whole; and after some time
spent therein,
Para. 57.13 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mrs. THURMAN:
Page 5, line 24 strike ``$59,296,000'' and insert
``$56,354,000''.
Page 6, line 1, strike ``$14,936,000'' and insert
``$14,158,000''.
Page 6, line 6, strike ``$12,621,000'' and insert
``$11,506,000''.
Page 6, line 8, strike ``$17,267,000'' and insert
``$16,360,000''.
Page 6, line 14, strike ``$359,000'' and insert
``$337,000''.
Page 6, line 16, strike ``$1,730,000'' and insert
``$1,630,000''.
Page 6, line 17, strike ``$4,420,000'' and insert
``$4,400,000''.
Conform the aggregate amount set forth on page 2, line 10,
accordingly.
It was decided in the
Yeas
383
<3-line {>
affirmative
Nays
46
Para. 57.14 [Roll No. 211]
AYES--383
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Costello
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Derrick
Deutsch
Diaz-Balart
Dickey
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Faleomavaega (AS)
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meehan
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Montgomery
Moorhead
Moran
Morella
Murphy
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Sharp
Shaw
Shays
Shepherd
Shuster
[[Page 969]]
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thornton
Thurman
Torkildsen
Torricelli
Traficant
Tucker
Underwood (GU)
Upton
Valentine
Velazquez
Vento
Volkmer
Vucanovich
Walker
Walsh
Watt
Weldon
Wheat
Williams
Wise
Wolf
Woolsey
Wyden
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--46
Abercrombie
Berman
Bonior
Clay
Clayton
Collins (IL)
Collins (MI)
Conyers
Coyne
Dellums
Dingell
Edwards (CA)
Flake
Foglietta
Hastings
Johnson, E. B.
Kopetski
Martinez
McDermott
McKinney
Meek
Mollohan
Murtha
Oberstar
Obey
Owens
Payne (NJ)
Pelosi
Pickle
Rangel
Reynolds
Rostenkowski
Sabo
Serrano
Stokes
Swift
Synar
Thompson
Torres
Towns
Unsoeld
Visclosky
Washington
Waters
Waxman
Yates
NOT VOTING--10
Blackwell
Clement
Cox
de Lugo (VI)
Dicks
Grandy
Horn
Slattery
Whitten
Wilson
So the amendment was agreed to.
After some further time,
Para. 57.15 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. POMEROY:
Page 5, line 21, strike ``$35,000,000'' and insert
``$31,000,000''.
Conform the aggregate amount set forth on page 2, line 10,
accordingly.
It was decided in the
Yeas
375
<3-line {>
affirmative
Nays
48
Para. 57.16 [Roll No. 212]
AYES--375
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Archer
Armey
Bacchus (FL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clayton
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Costello
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dixon
Dooley
Doolittle
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
English
Eshoo
Evans
Everett
Ewing
Faleomavaega (AS)
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Furse
Gallegly
Gallo
Gejdenson
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Holden
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meehan
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Montgomery
Moorhead
Moran
Morella
Murphy
Myers
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Olver
Ortiz
Orton
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Roybal-Allard
Royce
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Traficant
Tucker
Upton
Valentine
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Watt
Waxman
Weldon
Wheat
Williams
Wise
Wolf
Woolsey
Wyden
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--48
Abercrombie
Ackerman
Applegate
Berman
Bonior
Clay
Collins (IL)
Collins (MI)
Conyers
Coyne
Dellums
Dingell
Engel
Flake
Foglietta
Ford (MI)
Frost
Gephardt
Gonzalez
Hastings
Johnson, E. B.
King
Kopetski
Martinez
McKinney
Meek
Mollohan
Murtha
Nadler
Oberstar
Obey
Owens
Oxley
Payne (NJ)
Rangel
Reynolds
Rush
Sabo
Serrano
Stokes
Swift
Synar
Towns
Unsoeld
Velazquez
Washington
Waters
Yates
NOT VOTING--16
Bachus (AL)
Blackwell
Clement
Cox
de Lugo (VI)
Dornan
Grandy
Hoke
Horn
Johnston
McDermott
Rowland
Slattery
Underwood (GU)
Whitten
Wilson
So the amendment was agreed to.
After some further time,
Para. 57.17 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. BEREUTER:
Page 26, line 24, strike ``$439,525,000'' and insert
``$408,656,750''.
It was decided in the
Yeas
193
<3-line {>
negative
Nays
232
Para. 57.18 [Roll No. 213]
AYES--193
Allard
Andrews (TX)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Brown (OH)
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Coble
Collins (GA)
Combest
Cooper
Coppersmith
Costello
Crane
Crapo
Cunningham
de la Garza
DeLay
Diaz-Balart
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (NJ)
Gallegly
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Goodlatte
Goss
Grams
Greenwood
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hoagland
Hobson
Hoekstra
Hoke
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kasich
Kim
King
Kingston
Klein
Klug
Knollenberg
Kolbe
Kyl
Lazio
Levy
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Livingston
Lloyd
Lucas
Machtley
Mann
Manzullo
McCandless
McCollum
McCrery
McHugh
McInnis
McKeon
McMillan
Meyers
Mfume
Mica
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Myers
Nussle
Orton
Oxley
Packard
Pallone
Parker
Paxon
Penny
Petri
Pombo
Porter
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Sensenbrenner
Shaw
Shays
Shepherd
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Swett
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Valentine
Volkmer
Vucanovich
Walker
Walsh
[[Page 970]]
Weldon
Williams
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--232
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Applegate
Bacchus (FL)
Baesler
Barca
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clayton
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Coyne
Cramer
Danner
Darden
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Glickman
Gonzalez
Goodling
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hochbrueckner
Holden
Houghton
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Leach
Lehman
Levin
Lewis (CA)
Lipinski
Long
Lowey
Maloney
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDade
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Michel
Mineta
Mink
Moakley
Mollohan
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Owens
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Romero-Barcelo (PR)
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schiff
Schroeder
Scott
Serrano
Sharp
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Velazquez
Vento
Visclosky
Waters
Watt
Waxman
Wheat
Whitten
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--14
Clay
Clement
Cox
Franks (CT)
Grandy
Gunderson
Horn
Lewis (FL)
Miller (CA)
Schumer
Slattery
Tauzin
Washington
Wilson
So the amendment was not agreed to.
After some further time,
Para. 57.19 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. BOEHNER:
Page 30, after line 2, insert the following new section:
Sec. 307. The amounts otherwise provided in this Act for
the following accounts and activities are hereby reduced by
the following amounts:
TITLE I--CONGRESSIONAL OPERATIONS
HOUSE OF REPRESENTATIVES
Salaries and Expenses
Total, $103,000.
allowances and expenses
Total, $103,000.
Miscellaneous items, $103,000.
JOINT ITEMS
Joint Economic Committee
$4,090,000.
Joint Committee on Printing
$1,370,000.
Joint Committee on Taxation
$6,019,000.
OFFICE OF TECHNOLOGY ASSESSMENT
Salaries and Expenses
$21,931,000.
ARCHITECT OF THE CAPITOL
Office of the Architect of the Capitol
salaries
$474,000.
Capitol Buildings And Grounds
house office buildings
$9,077,000.
capitol power plant
$565,000.
GOVERNMENT PRINTING OFFICE
Congressional Printing and Binding
$6,754,000.
TITLE II--OTHER AGENCIES
BOTANIC GARDEN
Salaries and Expenses
$7,080,000.
GOVERNMENT PRINTING OFFICE
Office of Superintendent of Documents
salaries and expenses
$3,018,000.
GENERAL ACCOUNTING OFFICE
Salaries and Expenses
$47,318,150.
It was decided in the
Yeas
187
<3-line {>
negative
Nays
238
Para. 57.20 [Roll No. 214]
AYES--187
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barca
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bentley
Bilirakis
Bliley
Blute
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Coble
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Costello
Crane
Crapo
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Emerson
English
Everett
Ewing
Fawell
Fields (TX)
Fingerhut
Fish
Ford (TN)
Fowler
Franks (NJ)
Gallegly
Gekas
Geren
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Gutierrez
Hall (TX)
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Inslee
Istook
Johnson (CT)
Johnson (GA)
Johnson, Sam
Kasich
Kim
King
Kingston
Klein
Klug
Knollenberg
Kolbe
Kyl
Lazio
Levy
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Mann
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Mica
Michel
Miller (FL)
Minge
Molinari
Moorhead
Myers
Nussle
Packard
Pallone
Pastor
Paxon
Penny
Peterson (MN)
Petri
Pombo
Porter
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Rush
Santorum
Schaefer
Schenk
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Swett
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--238
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barcia
Barlow
Bateman
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clayton
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford (MI)
Frank (MA)
Frost
Furse
Gallo
Gejdenson
Gephardt
Gibbons
Gilchrest
Glickman
Gonzalez
Gordon
Green
Hall (OH)
Hamburg
Hamilton
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Houghton
Hoyer
Hughes
Hutto
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Leach
Lehman
Levin
Lewis (CA)
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Parker
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickle
Pomeroy
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Romero-Barcelo (PR)
Rose
Rostenkowski
Roukema
[[Page 971]]
Rowland
Roybal-Allard
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Saxton
Schiff
Schroeder
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Slaughter
Smith (IA)
Spratt
Stokes
Strickland
Studds
Stupak
Sundquist
Swift
Synar
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--14
Clay
Clement
Cox
Franks (CT)
Grandy
Horn
Neal (NC)
Pickett
Schumer
Skelton
Slattery
Stark
Washington
Wilson
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. de la GARZA, assumed the Chair.
When Mrs. MINK, Chairman, pursuant to House Resolution 444, reported
the bill back to the House with sundry amendments adopted by the
Committee.
The previous question having been ordered by said resolution.
The following amendments, reported from the Committee of the Whole
House on the state of the Union, were agreed to:
Page 5, line 21, strike ``$35,000,000'' and insert
``$31,000,000''.
Conform the aggregate amount set forth on page 2, line 10,
accordingly.
Page 5, line 24 strike ``$59,296,000'' and insert
``$56,354,000''.
Page 6, line 1, strike ``$14,936,000'' and insert
``$14,158,000''.
Page 6, line 6, strike ``$12,621,000'' and insert
``$11,506,000''.
Page 6, line 8, strike ``$17,267,000'' and insert
``$16,360,000''.
Page 6, line 14, strike ``$359,000'' and insert
``$337,000''.
Page 6, line 16, strike ``$1,730,000'' and insert
``$1,630,000''.
Page 6, line 17, strike ``$4,420,000'' and insert
``$4,400,000''.
Conform the aggregate amount set forth on page 2, line 10,
accordingly.
Page 17, line 16, strike ``$95,158,000'' and insert
``$90,717,000''.
Page 17, line 16, strike the pending dollar figure and
insert an amount equal to that dollar figure less $3,000,000.
Page 18, line 11, strike ``$10,182,000'' and all that
follows through line 12 and insert ``$3,182,000.''.
Page 24, line 2, strike out ``$32,100,000: Provided,'' and
insert in lieu thereof the following: ``$30,600,000:
Provided, That the objectives of chapter 41 of title 44,
United States Code, as enacted by the Government Printing
Office Electronic Information Access Enhancement Act of 1993,
shall be carried out through cost savings: Provided
further,''.
Page 25, line 13, strike ``4,493'' and insert ``4,193''.
Page 30, after line 2, insert the following:
Sec. 307. (a) Civil Service Retirement System.--The first
sentence of section 8335(d) of title 5, United States Code,
is amended by striking ``55'' and inserting ``57''.
(b) Federal Employees' Retirement System.--(1) Section 8425
of title 5, United States Code, is amended--
(A) in the first sentence of subsection (b) by striking
``member of the Capitol Police or'' and ``member of'';
(B) by redesignating subsection (c) as subsection (d); and
(C) by inserting after subsection (b) the following:
``(c) A member of the Capitol Police who is otherwise
eligible for immediate retirement under section 8412(d) shall
be separated from the service on the last day of the month in
which such member becomes 57 years of age or completes 20
years of service if then over that age. The Capitol Police
Board, when in its judgment the public interest so requires,
may exempt such a member from automatic separation under this
subsection until that member becomes 60 years of age. The
Board shall notify the member in writing of the date of
separation at least 60 days before that date. Action to
separate the member is not effective, without the consent of
the member, until the last day of the month in which the 60-
day notice expires.''.
(2) Section 8415(d) of title 5, United States Code, is
amended by striking ``(a) or (b)'' and inserting ``(a), (b),
or (c)''.
Page 30, after line 2, insert the following new section:
Sec. 307. (a) Purchase of American-Made Equipment and
Products.--It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be
American-made.
(b) Notice to Grantees and Contractors.--In providing
financial assistance to, or entering into any contract with,
any entity using funds made available in this Act, the head
of each Federal agency, to the greatest extent practicable,
shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
Mr. YOUNG of Florida moved to recommit the bill to the Committee on
Appropriations with instructions to report the bill back to the House
forthwith with the following amendment:
On page 3 line 23, strike ``$16,017,000'' and insert
``$3,017,000''. Conform the aggregate amount set forth on
page 2, line 10, accordingly.
After debate,
By unanimous consent, the previous question was ordered on the motion
to recommit with instructions.
The question being put, viva voce,
Will the House recommit said bill with instructions?
The SPEAKER pro tempore, Mr. de la GARZA, announced that the nays had
it.
Mr. YOUNG of Florida demanded that the vote be taken by the yeas and
nays, which demand was supported by one-fifth of the Members present, so
the yeas and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
177
<3-line {>
negative
Nays
241
Para. 57.21 [Roll No. 215]
YEAS--177
Allard
Archer
Armey
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cooper
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hamilton
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Paxon
Peterson (MN)
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--241
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
[[Page 972]]
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--16
Bachus (AL)
Clay
Clement
Cox
DeFazio
Franks (CT)
Grandy
Horn
Machtley
Manton
Neal (NC)
Schumer
Skelton
Slattery
Washington
Wilson
So the motion to recommit with instructions was not agreed to.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. de la GARZA, announced that the yeas had
it.
Mr. YOUNG of Florida demanded a recorded vote on passage of said bill
which demand was supported by one-fifth of a quorum, so a recorded vote
was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
210
<3-line {>
affirmative
Nays
205
Para. 57.22 [Roll No. 216]
AYES--210
Abercrombie
Ackerman
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Bryant
Byrne
Cardin
Carr
Chapman
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Houghton
Hoyer
Hughes
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lancaster
Lantos
LaRocco
Laughlin
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pickle
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schroeder
Scott
Serrano
Sharp
Sisisky
Skaggs
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Studds
Stupak
Swift
Synar
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wise
Woolsey
Wyden
Wynn
Yates
NOES--205
Allard
Andrews (ME)
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barca
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Brown (OH)
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cantwell
Castle
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Crane
Crapo
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fingerhut
Fowler
Franks (NJ)
Gallegly
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lambert
Lazio
Leach
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Mann
Manzullo
Margolies-Mezvinsky
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Moorhead
Myers
Nussle
Oxley
Packard
Pallone
Paxon
Penny
Peterson (MN)
Petri
Pombo
Pomeroy
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schenk
Schiff
Sensenbrenner
Shaw
Shays
Shepherd
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Strickland
Stump
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--19
Clay
Clement
Cox
de la Garza
DeFazio
Fish
Ford (MI)
Franks (CT)
Grandy
Horn
Machtley
Manton
Nadler
Neal (NC)
Schumer
Skelton
Slattery
Washington
Wilson
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 57.23 energy and water appropriations, fiscal year 1995
Mr. BEVILL submitted a privileged report (Rept. No. 103-533) on the
bill (H.R. 4506) making appropriations for energy and water development
for the fiscal year ending September 30, 1995, and for other purposes.
When said bill and report were referred to the Union Calendar and
ordered printed.
Mr. GALLO reserved all points of order against said bill.
Para. 57.24 permission to file report
On motion of Mr. HOYER, by unanimous consent, the Committee on
Appropriations was granted permission until midnight tonight to file a
privileged report (Rept. No. 103-534) on the bill (H.R. 4539) making
appropriations for the Treasury Department, the United States Postal
Service, the Executive Office of the President, and certain Independent
Agencies, for fiscal year ending September 30, 1995, and for other
purposes.
Mr. GALLO reserved all points of order against said bill.
Para. 57.25 permission to file report
On motion of Mr. KILDEE, by unanimous consent, the Committee on
Education and Labor was granted permission on Friday, June 3, 1994, to
file a report on the bill (H.R. 8) to amend the Child Nutrition Act of
1966 and the National School Lunch Act to extend certain authorities
contained in such Acts through the fiscal year 1998.
Para. 57.26 speaker and minority leader to accept resignations, appoint
commissions
On motion of Mr. HOYER, by unanimous consent,
Ordered, That, notwithstanding any adjournment of the House until
Wednesday, June 8, 1994, the Speaker and the Minority Leader be
authorized to accept resignations and to make appointments to
commissions, boards and committees duly authorized by law or by the
House.
[[Page 973]]
Para. 57.27 calendar wednesday business dispensed with
On motion of Mr. HOYER, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, June
8, 1994, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
Para. 57.28 notice requirement--consideration of resolution--h.res.436
Mr. KLUG, pursuant to rule IX, announced his intention to call up the
following resolution (H. Res. 436) on Wednesday, June 8, 1994, or
Thursday, June 9, 1994, as a question of the privileges of the House:
Whereas allegations reported in public and made in official
Department of Justice court documents that personnel of the
House Post Office provided illegal cash to certain Members in
three ways: (1) cash instead of stamps for official vouchers,
(2) cash for postage stamps which had earlier been purchased
with official vouchers, and (3) cash for campaign checks;
Whereas the Department of Justice has secured admissions of
criminal guilt regarding past activities in the House Post
Office;
Whereas multiple concerns and allegations of possible
wrongdoing by House employees, a House officer, and Members
had been raised within the report of the House Administration
Committee Task Force to Investigate the Operation and
Management of the House Post Office;
Whereas all these allegations directly affect the rights of
the House collectively, its safety, dignity, and the
integrity of its proceedings, and the rights, reputation, and
conduct of its Members;
Whereas Article I, Section 5, of the Constitution gives
each House of Congress responsibility over disorderly
behavior of its Members; and
Whereas the Committee on Standards of Official Conduct has
jurisdiction over the conduct and behavior of current House
Members, officers, and employees, including investigatory
authority, and is the appropriate body of this House to
conduct any inquiry: Now, therefore, be it
Resolved, That the Committee on Standards of Official
Conduct is instructed to immediately investigate any alleged
violation, by any Member, officer, or employee of the House,
of the Code of Official Conduct or of any law, rule,
regulation, or other standard of conduct that is related to
activities, described by or referred to in, documents that it
received on July 22, 1992, from the Committee on House
Administration pertaining to the House Administration
Committee Task Force to Investigate the Operation and
Management of the House Post Office investigation. Not later
than 60 days after this resolution is agreed to and
periodically thereafter, the Committee on Standards of
Official Conduct shall report to the House the status of this
investigation. Not later than September 30, 1994, the
Committee on Standards of Official Conduct shall report to
the House its findings of fact and recommendations on
possible disciplinary actions.
Para. 57.29 designation of speaker pro tempore to sign enrollments
The SPEAKER pro tempore, Mr. FINGERHUT, laid before the House a
communication, which was read as follows:
Washington, DC,
May 26, 1994.
I hereby designate the Honorable Steny H. Hoyer to act as
Speaker pro tempore to sign enrolled bills and joint
resolutions through June 8, 1994.
Thomas S. Foley,
Speaker of the House of Representatives.
By unanimous consent, the designation was accepted.
Para. 57.30 senate bill referred
A bill of the Senate of the following title was taken from the
Speaker's table and, under the rule, referred as follows:
S. 1030. An Act to amend title 38, United States Code, to
improve the Department of Veterans Affairs program of sexual
trauma services for veterans, to improve certain Department
of Veterans Affairs programs for women veterans, to extend
the period of entitlement to inpatient care for veterans
exposed to Agent Orange or ionizing radiation, to establish a
hospice care pilot program, to establish a rural health care
clinics program, to authorize the Secretary of Veterans
Affairs to provide per diem payments and construction grants
to State homes for adult day health care services, to
establish an education debt reduction program, and for other
purposes; to the Committee on Veterans' Affairs.
Para. 57.31 enrolled bills signed
Mr. ROSE, from the Committee on House Administration, reported that
that committee had examined and found truly enrolled bills of the House
of the following titles, which were thereupon signed by the Speaker:
H.R. 965. An Act to provide for toy safety and for other
purposes.
H.R. 1632. An Act to amend title II, District of Columbia
Code, and part C of title IV of the District of Columbia
Self-Government and Government Reorganization Act to remove
gender-specific references.
H.R. 3863. An Act to designate the Post Office building
located at 401 E. South Street in Jackson, Mississippi, as
the ``Medgar Wiley Evers Post Office.''
Para. 57.32 senate enrolled bill and joint resolution signed
The SPEAKER announced his signature to an enrolled bill and a joint
resolution of the Senate of the following titles:
S. 1654. An Act to make certain technical corrections.
S.J. Res. 179. Joint resolution to designate the week of
June 12 through 19, 1994, as ``National Men's Health Week.''
Para. 57.33 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. CLEMENT, for today after 12 noon;
To Mr. COX of California, for today; and
To Mr. FRANKS of Connecticut, for today after 3 p.m.
And then,
Para. 57.34 adjournment
On motion of Mr. FALEOMAVAEGA, pursuant to the provisions of Senate
Concurrent Resolution 70, at 7 o'clock and 44 minutes p.m., the House
adjourned until 12 o'clock noon on Wednesday June 8, 1994.
Para. 57.35 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. BEVILL: Committee on Appropriations. H.R. 4506. A bill
making appropriations for energy and water development for
the fiscal year ending September 30, 1995, and for other
purposes (Rept. No. 103-533). Referred to the Committee of
the Whole House on the State of the Union.
Mr. HOYER: Committee on Appropriations. H.R. 4539. A bill
making appropriations for the Treasury Department, the U.S.
Postal Service, the Executive Office of the President, and
certain independent agencies, for the fiscal year ending
September 30, 1995, and for other purposes (Rept. No. 103-
534). Referred to the Committee of the Whole House on the
State of the Union.
Para. 57.36 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. JACOBS:
H.R. 4501. A bill to designate the Federal building and
U.S. courthouse located at 46 East Ohio Street in
Indianapolis, IN, as the ``Holder-Noland Federal Building and
United States Courthouse''; to the Committee on Public Works
and Transportation.
By Mr. GONZALEZ (for himself, Mr. Frank of
Massachusetts, Mr. Kanjorski, and Mr. Hinchey):
H.R. 4502. A bill to include additional exchange rate
policy information in reports required to be made by the
Board of Governors of the Federal Reserve System and the
Secretary of the Treasury to the Congress, and for other
purposes; to the Committee on Banking, Finance and Urban
Affairs.
By Mr. GONZALEZ (for himself, Mr. Leach, Mr. Neal of
North Carolina, Mr. Frank of Massachusetts, Mr.
Kanjorski, Mr. Hinchey, and Mr. Kennedy):
H.R. 4503. A bill to enhance the supervision and regulation
of derivatives activities of financial institutions, and for
other purposes; to the Committee on Banking, Finance and
Urban Affairs.
By Mr. STUDDS (for himself and Mr. Manton):
H.R. 4504. A bill to amend the Atlantic Striped Bass
Conservation Act, and for other purposes: to the Committee on
Merchant Marine and Fisheries.
By Mr. HUGHES:
H.R. 4505. A bill to amend title 35 United States Code, to
establish a 20-year patent term from the date of filing and
to establish a domestic priority system, and for other
purposes; to the Committee on the Judiciary.
By Mr. BEVILL:
H.R. 4506. A bill making appropriations for energy and
water development for the fiscal year ending September 30,
1995, and for other purposes.
By Mr. ACKERMAN:
H.R. 4507. A bill to require in certain circumstances that
States disclose the HIV status of newborn infants to legal
guardians of the infants, and for other purposes; to the
Committee on Energy and Commerce.
By Mr. BRYANT:
H.R. 4508. A bill to authorize appropriations for the Legal
Services Corporation and for other purposes; to the Committee
on the Judiciary.
By Mr. CRANE (for himself, Mr. Camp, Mr. Hancock, Mr.
Herger, Mr. Jacobs, and Mr. Quillen):
[[Page 974]]
H.R. 4509. A bill to impose restrictions on the authority
to enter into certain trade agreements reducing tariffs with
respect to another country; to the Committee on Ways and
Means.
By Mr. FILNER (for himself, Mr. Becerra, Mr. Berman,
Mr. Brown of California, Ms. Furse, Mr. Hastings, Ms.
McKinney, Mrs. Mink of Hawaii, Ms. Norton, Mrs.
Unsoeld, Ms. Velazquez, Ms. Waters, and Mr. Watt):
H.R. 4510. A bill to amend the Internal Revenue Code of
1986 to revise the limitation applicable to mutual life
insurance companies on the deduction for policyholder
dividends and to exempt small life insurance companies from
the required capitalization of certain policy acquisition
expenses; to the Committee on Ways and Means.
By Mr. GEJDENSON (for himself, Ms. McKinney, Ms.
Cantwell, Mrs. Kennelly, Ms. Lowey, Mr. Gilman, and
Mr. Bereuter):
H.R. 4511. A bill to amend the Foreign Assistance Act of
1961 to authorize the Administrator of the U.S. Agency for
International Development to provide assistance for programs
of credit and other assistance for microenterprises in
developing countries; to the Committee on Foreign Affairs.
By Mr. GEJDENSON:
H.R. 4512. A bill to amend the Internal Revenue Code of
1986 to provide employers a refundable credit for hiring AFDC
recipients; to the Committee on Ways and Means.
By Mr. GILMAN (by request):
H.R. 4513. A bill to provide eligibility for space-
available transportation on military aircraft for former
prisoners of war who are totally disabled as a result of a
service-connected disability; to the Committee on Armed
Services.
By Mr. HOYER (for himself, Mr. Boehlert, Mr. Lantos,
Mr. Hunter, Mr. Fazio, Mrs. Morella, and Mr. Wynn):
H.R. 4514. A bill to amend certain provisions of title 5,
United States Code, in order to ensure equality between
Federal firefighters and other employees in the civil service
and other public sector firefighters, and for other purposes;
to the Committee on Post Office and Civil Service.
By Mr. JACOBS:
H.R. 4515. A bill to amend title XI of the Social Security
Act to provide that the penalty for failure of employers to
file certain reports with respect to the Medicare and
Medicaid coverage data bank shall apply only with respect to
reports required in calendar years beginning after 90 days
after necessary regulations are promulgated; jointly, to the
Committees on Ways and Means and Energy and Commerce.
By Mrs. KENNELLY (for herself and Mrs. Johnson of
Connecticut):
H.R. 4516. A bill to amend the Internal Revenue Code of
1986 and other laws to improve and promote the provision of
long-term care in the United States; jointly, to the
Committees on Energy and Commerce and Ways and Means.
By Mr. KLINK:
H.R. 4517. A bill to reinstate the emergency unemployment
compensation program; jointly, to the Committees on Ways and
Means, Energy and Commerce, and Agriculture.
By Mr. KOPETSKI (for himself, Mr. Oxley, Mr. LaRocco,
and Mr. Kreidler):
H.R. 4518. A bill to amend the Federal Trade Commission Act
to provide a procedure for the termination of Federal Trade
Commission orders which have been in effect for at least 10
years; to the Committee on Energy and Commerce.
By Mr. MANZULLO:
H.R. 4519. A bill to increase access to health insurance
for employees of small businesses, and for other purposes;
jointly, to the Committees on Energy and Commerce, Education
and Labor, Ways and Means, and the Judiciary.
By Ms. MARGOLIES-MEZVINSKY (for herself, Mr. Penny, Mr.
Cox, and Mr. Portman):
H.R. 4520. A bill to amend chapter 11 of title 31, United
States Code, to require that the President's budget
submission separately reflect the budget aggregates relating
to activities within the unified budget and aggregates
relating to activities required by law to be excluded from
the unified budget; to the Committee on Government
Operations.
By Ms. MARGOLIES-MEZVINSKY (for herself, Mr. Penny, Ms.
Long, Ms. Lambert, Mr. Meehan, Mr. McMillan, Mr.
Murtha, Mr. Barrett of Wisconsin, Mr. Cox, Mr. Franks
of New Jersey, Mr. Bacchus of Florida, and Mr.
Clement):
H.R. 4521. A bill to amend the Social Security Act to
improve the information made available in Social Security
account statements and to provide for annual distribution of
such statements to beneficiaries; to the Committee on Ways
and Means.
By Mr. MARKEY (for himself and Mr. Fields of Texas):
H.R. 4522. A bill to amend the Communications Act of 1934
to extend the authorization of appropriations of the Federal
Communications Commission, and for other purposes; to the
Committee on Energy and Commerce.
By Mr. McINNIS:
H.R. 4523. A bill to provide for private development of
power at the Mancos project and for other purposes; to the
Committee on Natural Resources.
H.R. 4524. A bill to amend the National Trails System Act
to designate the Old Spanish Trail and the northern branch of
the Old Spanish Trail for potential inclusion into the
National Trails System, and for other purposes; to the
Committee on Natural Resources.
H.R. 4525. A bill to authorize the transfer of a certain
loan contract to the Upper Yampa Water Conservancy Project,
and for other purposes; to the Committee on Natural
Resources.
By Mr. NADLER:
H.R. 4526. A bill to amend the Revised Statutes of the
United States to establish a Federal civil right requiring
that State laws, and the laws of the District of Columbia,
relating to physical assault, sexual assault, sexual abuse,
and sexual harassment be enforced without regard to the age
of the victim; to the Committee on the Judiciary.
By Mr. PETERSON of Minnesota (for himself, Mr.
Laughlin, Mr. Hall of Texas, Mr. Rowland, Mr. Barcia
of Michigan, and Mr. Allard):
H.R. 4527. A bill to assure fairness and choice to patients
and providers under managed health care benefit plans;
jointly, to the Committees on Energy and Commerce and
Education and Labor.
By Mr. RICHARDSON (for himself, Mr. Coleman, Mr.
Ehlers, Mr. Frost, Mr. Upton, Ms. Velazquez, and Mr.
Washington):
H.R. 4528. A bill entitled the ``Mercury-Containing and
Rechargeable Battery Management Act''; to the Committee on
Energy and Commerce.
By Mr. ROHRABACHER:
H.R. 4529. A bill to repeal the authority of the Mayor of
the District of Columbia to requisition unlimited funds from
the Treasury of the United States to meet the general
expenses of the District of Columbia, and for other purposes;
to the Committee on the District of Columbia.
H.R. 4530. A bill to provide authority for the extension of
nondiscriminatory--most-favored-nation-trade treatment to
Cambodia; to the Committee on Ways and Means.
By Mr. THOMAS of California (for himself and Mr.
McKeon):
H.R. 4531. A bill to amend title 10, United States Code, to
provide for jurisdiction, apprehension, and detention of
certain civilians accompanying the Armed Forces outside the
United States, and for other purposes; to the Committee on
Armed Services.
By Mr. THOMAS of California:
H.R. 4532. A bill to amend the Internal Revenue Code of
1986 to define tar sands for purposes of the credit for
producing fuels from nonconventional sources and to repeal
the minimum tax preference for intangible drilling costs; to
the Committee on Ways and Means.
By Mr. VENTO (by request):
H.R. 4533. A bill to promote entrepreneurial management of
the National Park Service, and for other purposes; to the
Committee on Natural Resources.
By Mr. WHEAT:
H.R. 4534. A bill to amend the Internal Revenue Code of
1986 to facilitate portability, enhance pension coverage, and
provide employers an optional simplified method of complying
with certain pension requirements; to the Committee on Ways
and Means.
By Mr. WYDEN (for himself, Mr. Dingell, Mr. Markey,
Miss Collins of Michigan, Mr. Synar, Mr. Cooper, Mr.
Hastert, and Ms. Margolies-Mezvinsky):
H.R. 4535. A bill to amend the Securities Exchange Act of
1934 with respect to the extension of unlisted trading
privileges for corporate securities, and for other purposes;
to the Committee on Energy and Commerce.
By Mr. POMBO:
H.J. Res. 371. Joint resolution designating June 10, 1995,
as ``Portuguese American Friendship Day''; to the Committee
on Post Office and Civil Service.
By Mr. SOLOMON:
H.J. Res. 372. Joint resolution disapproving the extension
of nondiscriminatory treatment--most-favored-nation
treatment--to the products of the People's Republic of China;
to the Committee on Ways and Means.
By Mr. DEAL (for himself, Mr. Stenholm, Mr. Fingerhut,
Mrs. Thurman, Mr. Minge, Mr. Baesler, Mr. Barca of
Wisconsin, Mr. Brown of Ohio, Mr. Browder, Mr.
Copppersmith, Mr. DeFazio, Mr. Pete Geren of Texas,
Mr. Hall of Texas, Ms. Harman, Mr. Hayes, Mr. Holden,
Mr. Johnson of Georgia, Mr. Mann, Ms. Margolies-
Mezvinsky, Mr. McHale, Mr. Meehan, Mr. Peterson of
Minnesota, Ms. Schenk, Mr. Tanner, Mr. Tauzin, Mr.
Taylor of Mississippi, Mr. Andrews of Texas, Mr.
Bilbray, Mr. Condit, Mr. Penny, and Mr. Cooper):
H. Res. 445. Resolution providing for the consideration of
the bill (H.R. 3266) to provide for automatic downward
adjustments in the discretionary spending limits for fiscal
year 1994 set forth in the Congressional Budget Act of 1974
equal to the amount of rescissions contained in the Act; to
the Committee on Rules.
By Mr. McKEON (for himself, Mr. Applegate, Mr. Archer,
Mr. Armey, Mr. Bachus of Alabama, Mr. Baesler, Mr.
Baker of California, Mr. Baker of Louisiana, Mr.
Barcia of Michigan, Mr. Barrett of Nebraska, Mr.
Ballenger, Mr. Bartlett of Maryland, Mr. Barton of
Texas, Mr. Bliley, Mr. Blute, Mr. Boehner, Mr.
Bunning, Mr. Burton of Indiana, Mr. Buyer, Mr.
Canady, Mr. Callahan, Mr. Calvert, Mr. Clement, Mr.
Coble, Mr. Collins of Georgia, Mr. Combest, Mr. Cox,
Mr. Crapo, Mr. Crane, Mr. Cunningham,
[[Page 975]]
Mr. DeLay, Mr. Diaz-Balart, Mr. Dickey, Mr.
Doolittle, Mr. Dornan, Mr. Duncan, Ms. Dunn, Mr.
Ehlers, Mr. Emerson, Mr. Everett, Mr. Ewing, Mr.
Fawell, Mrs. Fowler, Mr. Gallegly, Mr. Gallo, Mr.
Pete Geren of Texas, Mr. Gilchrest, Mr. Gingrich, Mr.
Goodlatte, Mr. Grams, Mr. Gunderson, Mr. Hancock, Mr.
Hansen, Mr. Hastert, Mr. Hefley, Mr. Hefner, Mr.
Herger, Mr. Hoekstra, Mr. Huffington, Mr. Hunter, Mr.
Hutchinson, Mr. Hyde, Mr. Inglis of South Carolina,
Mr. Inhofe, Mr. Istook, Mr. Sam Johnson, Mr. Kim, Mr.
King, Mr. Kingston, Mr. Klink, Mr. Knollenberg, Mr.
LaFalce, Mr. Lewis of Kentucky, Mr. Lightfoot, Mr.
Linder, Mr. Livingston, Mr. McCandless, Mr. McCollum,
Mr. McDade, Mr. McHugh, Mr. Lazio, Mr. Lucas, Mr.
Manzullo, Mr. Mica, Mr. Michel, Mr. Miller of
Florida, Mr. Montgomery, Mr. Moorhead, Mr. Murphy,
Mr. Myers of Indiana, Mr. Nussle, Mr. Oxley, Mr.
Orton, Mr. Packard, Mr. Paxon, Mr. Pombo, Mr.
Portman, Mr. Quillen, Mr. Ramstad, Mr. Regula, Mr.
Roberts, Mr. Rohrabacher, Mr. Saxton, Mr. Schaefer,
Mr. Shuster, Mr. Smith of Michigan, Mr. Smith of
Oregon, Mr. Solomon, Mr. Stearns, Mr. Stenholm, Mr.
Stump, Mr. Sundquist, Mr. Swett, Mr. Talent, Mr.
Torkildsen, Mr. Tucker, Mr. Upton, Mr. Walker, Mr.
Weldon, Mr. Wolf, Mr. Young of Alaska, and Mr.
Zeliff):
H. Res. 446. Resolution expressing the sense of the House
of Representatives regarding the issuance under title VII of
the Civil Rights Act of 1964 of administrative guidelines
applicable to religious harassment in employment; to the
Committee on Education and Labor.
Para. 57.37 private bills and resolutions
Under clause I of rule XXII, private bills and resolutions were
introduced and severally referred as follows:
By Mr. BURTON of Indiana:
H.R. 4536. A bill to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for the vessel Alpha Tango; to the
Committee on Merchant Marine and Fisheries.
H.R. 4537. A bill to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for the vessel Old Hat; to the
Committee on Merchant Marine and Fisheries.
By Mr. MILLER of Florida:
H.R. 4538. A bill to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
for the vessel Silent Wings; to the Committee on Merchant
Marine Fisheries.
Para. 57.38 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 8: Mr. Miller of California, Mr. Minge, Mr. McDade,
Mr. Owens, Mr. Sawyer, Mrs. Mink of Hawaii, Mr. Underwood,
Mr. Williams, Mr. Andrews of New Jersey, Ms. English of
Arizona, Mr. Castle, Mr. Cunningham, Ms. Molinari, Mr.
Faleomavaega, Mr. Reed, and Mr. Murphy.
H.R. 123: Mr. Combest, Mr. Wilson, Mr. Johnson of South
Dakota, and Mr. Ewing.
H.R. 133: Mr. Shays and Mr. Hunter.
H.R. 141: Ms. Valazquez, Mr. Frost, Mr. Hilliard, and Mr.
Walsh.
H.R. 359: Mr. Lewis of Georgia.
H.R. 401: Mr. King.
H.R. 417: Ms. Cantwell, Mr. Calvert, and Mr. Baker of
California.
H.R. 702: Mr. Diaz-Balart and Mr. Gilmor.
H.R. 778: Mr. LaRocco, Mr. Bryant, and Mr. Kreidler.
H.R. 967: Mrs. Vucanovich and Mr. Royce.
H.R. 1103: Mr. Payne of Virginia.
H.R. 1164: Mrs. Schroeder.
H.R. 1276: Mr. McCollum.
H.R. 1280: Ms. Shepherd, Mr. Ford of Tennessee, Mr.
Fingerhut, Mr. Pallone, Ms. English of Arizona, Mr. Hilliard,
and Mr. Price of North Carolina.
H.R. 1500: Mr. Meehan, Mr. Filner, and Mr. Dellums.
H.R. 1583: Mrs. Byrne and Mr. McCollum.
H.R. 1737: Mr. Rangel.
H.R. 1999: Mr. Dornan.
H.R. 2088: Mr. Bilbray, Mr. Lightfoot, and Mr. Slattery.
H.R. 2346: Mr. Kasich.
H.R. 2417: Mrs. Vucanovich.
H.R. 2418: Mr. Johnston of Florida and Mr. Petri.
H.R. 2460: Mr. Minge and Ms. Danner.
H.R. 2467: Mr. Smith of Texas, Mr. Stearns, Mr. Thomas of
California, and Mr. Young of Florida.
H.R. 2672: Mr. Pete Geren of Texas.
H.R. 2708: Mr. Emerson, Mr. Kingston, Mr. Boehner, and Mr.
Canady.
H.R. 2826: Mr. Mfume, Mr. Orton, Ms. Molinari, Mrs.
Schroeder, Mrs. Thurman, and Mr. Wise.
H.R. 2873: Mr. Fish, Mr. McHugh, and Mrs. Unsoeld.
H.R. 2919: Mr. Foglietta, Mr. McDermott, and Ms. Waters.
H.R. 2927: Mrs. Vucanovich.
H.R. 2929: Mr. Peterson of Minnesota.
H.R. 2985: Mr. Lipinski.
H.R. 2995: Mr. McHale, Mr. Hutchinson, and Mr. Royce.
H.R. 3023: Mr. Kim, Mr. Roberts, Mr. Miller of Florida, Mr.
Borski, Mr. Underwood, Mr. Nussle, Mrs. Johnson of
Connecticut, and Mr. LaRocco.
H.R. 3065: Mr. Ford of Tennessee.
H.R. 3125: Mr. Baker of California.
H.R. 3128: Mr. Frank of Massachusetts.
H.R. 3173: Mr. Shays.
H.R. 3179: Mr. Wilson.
H.R. 3288: Mr. Gekas.
H.R. 3293: Mrs. Maloney, Mr. Goodling, and Mr. Kingston.
H.R. 3407: Mr. Johnston of Florida, Mr. Grandy, Mr. Fawell,
and Mr. Porter.
H.R. 3434: Mr. Fingerhut.
H.R. 3486: Mr. Laughlin and Mr. Sam Johnson.
H.R. 3494: Mr. Frost, Mr. Gilchrest, and Mr. Paxon.
H.R. 3513: Ms. Norton.
H.R. 3637: Mr. Kleczka.
H.R. 3663: Ms. Margolies-Mezvinsky.
H.R. 3722: Mr. Rogers.
H.R. 3739: Mr. McHugh, Mr. Schiff, Mr. Baker of Louisiana,
and Mr. Torkildsen.
H.R. 3769: Mr. Frost.
H.R. 3771: Ms. Norton.
H.R. 3820: Mr. Hilliard, Mr. Lucas, Mr. Deutsch, Mr. Myers
of Indiana, Mr. Ballenger, Mr. Dellums, Mr. Washington, Mr.
Rahall, and Mrs. Maloney.
H.R. 3821: Mr. McDermott.
H.R. 3822: Mr. McDermott.
H.R. 3846: Mr. Fingerhut, Mr. Sharp, Mr. Lazio, Mr. Burton
of Indiana, Mr. Dreier, Mr. Crane, Mr. Gekas, Mr. Hunter, Mr.
Kasich, Mr. McCandless, Mr. Oxley, Mr. Sensenbrenner, Mr.
Solomon, Mr. Hoke, Mr. Beilenson, Mr. Barca of Wisconsin,
Mrs. Collins of Illinois, Mr. Ehlers, Mr. Hansen, Mr.
Gillmor, Mr. Santorum, Mr. Zeliff, Mr. Kennedy, and Mr.
Kanjorski.
H.R. 3900: Mr. Brooks.
H.R. 3906: Mr. Lewis of Georgia, Mr. Deutsch, Mr. Barcia of
Michigan, Mr. Wise, and Mr. Ehlers.
H.R. 3939: Mrs. Byrne.
H.R. 3943: Mrs. Johnson of Connecticut.
H.R. 3951: Mr. Whitten, Mr. Holden, and Mr. Gekas.
H.R. 3955: Mr. Ortiz and Mrs. Fowler.
H.R. 3992: Mr. Canady.
H.R. 4019: Mr. Rangel and Mr. Klink.
H.R. 4051: Mr. Yates.
H.R. 4056: Mr. Jefferson.
H.R. 4078: Mr. Torkildsen.
H.R. 4095: Mr. Hancock, Mr. Sensenbrenner, Mr. Parker, and
Mr. Weldon.
H.R. 4115: Mr. Rohrabacher.
H.R. 4133: Mr. Emerson and Mr. Canady.
H.R. 4135: Mrs. Unsoeld, Mr. Becerra, Mr. Blackwell, Mr.
Borski, Mr. Clinger, Mr. Fawell, Mr. Fish, Mr. Gejdenson, Mr.
Gekas, Mr. Greenwood, Mr. Hinchey, Mr. Holden, Mr. McDade,
Mr. McHale, Mr. NcNulty, Mrs. Mink of Hawaii, Mr. Murtha, Mr.
Oberstar, Mr. Olver, Mr. Gunderson, Mr. Owens, Mr. Oxley, Mr.
Payne, of New Jersey, Mr. Pickett, Mr. Schaefer, Mr. Serrano,
Mr. Shuster, Ms. Slaughter, Mr. Spence, Mr. Weldon, Mr. Young
of Alaska, and Mr. Skeen.
H.R. 4137: Mr. Stearns, Mr. McCloskey, Mr. Kyl, and Mr.
Porter.
H.R. 4142: Mr. Beilenson, Mr. Brown of Ohio, Mr. Blute, Mr.
Hoke.
H.R. 4148: Mr. Serrano.
H.R. 4161: Mr. Hutchinson, Mr. Shuster, Mr. Ewing, Mr.
Clinger, Mr. Inhofe, Mr. Barrett of Nebraska, and Mrs.
Johnson of Connecticut.
H.R. 4223: Mr. Baker of Louisiana.
H.R. 4237: Mr. Miller of California.
H.R. 4260: Mr. Gejdenson, Mr. Valentine, and Mrs. Lloyd.
H.R. 4271: Mr. Gene Green of Texas and Mr. Stupak.
H.R. 4291: Mr. Swift and Mr. Dickey.
H.R. 4306: Mr. Porter.
H.R. 4307: Mr. McCollum.
H.R. 4365: Mr. Hancock and Mr. Parker.
H.R. 4393: Mr. Manton, Ms. Molinari, and Mr. Schumer.
H.R. 4399: Mr. Kleczka.
H.R. 4400: Mr. Wynn, Mr. Brown of Ohio, and Mr. Pastor.
HR. 4412: Mr. Petri.
H.R. 4421: Mr. Baker of Louisiana.
H.R. 4434: Mr. Andrews of New Jersey, Mr. Browder, Mr.
Burton of Indiana, Mr. Deal, Mr. DeFazio, Mr. Dooley, Mr.
Fingerhut, Mr. Greenwood, Mr. Jacobs, Mr. Johnson of South
Dakota, Mr. Kolbe, Mr. Kyl, Ms. Long, Mr. McCurdy, Mr. Miller
of Florida, Mr. Minge, Ms. Molinari, Mr. Orton, Mr. Peterson
of Minnesota, Mr. Portman, Mr. Shays, Mr. Stearns, and Mr.
Franks of New Jersey.
H.R. 4451: Mr. Barrett of Wisconsin and Mr. Meehan.
H.R. 4464: Mr. Owens, Ms. Waters, Ms. Eddie Bernice Johnson
of Texas, Mrs. Meek of Florida, Mr. Tucker, Mr. McNulty, Mrs.
Thurman, Mr. Hefner, Mr. Shaw, Mr. Lewis of Florida, Mr.
McCollum, Mr. Filner, Mr. Dooley, Mr. Edwards of Texas, Mr.
Markey, Mr. Costello, Mr. Gutierrez, Mr. Lipinski, Mr.
Studds, Mr. Condit, Mr. Foglietta, Mr. McCrery, Ms. Long, Mr.
Neal of Massachusetts, Mr. Gene Green of Texas, Ms. Norton,
Mr. Towns, Ms. Velazquez, Mr. Wheat, Mr. Lewis of Georgia,
Mr. Watt, Mr. Klein, Ms. Harman, Mr. Clay, Mr. Fazio, Mr.
Bishop, Mr. Stokes, Mr. Payne of New Jersey, Mrs. Mink of
Hawaii, Mr. Gordon, Ms. Lowey, Mr. Miller of California, Mr.
Dreier, Mr. Montgomery, Mr. Torricelli, Mr. Pete Geren of
Texas, Mr. Reynolds, Mr. Bonior, Mr. King, Mr. Shays, Mr.
Serrano, Mr. Frank of Massachusetts, Mr. Thomas of Wyoming,
Mr. Rahall, Mr. Klink, Mr. Sawyer, Mr. Valentine, Mr. Tanner,
Mr. McCurdy, Mr. Johnson of Georgia, Mr. Cramer, Mr. Browder,
Mr. Clement, Ms. English of Arizona, Mr. Chapman, Mr. Cooper,
Ms. Shepherd,
[[Page 976]]
Mr. Pomeroy, Mr. Hamburg, Ms. Cantwell, Mr. Martinez, Mr.
Neal of North Carolina, Mr. Smith of Texas, Mr. Wise, Ms.
Pelosi, Mr. Moakley, Mr. Skaggs, Mr. Manton, Mr. Richardson,
Mr. de la Garza, Mr. Johnston of Florida, Mr. Stenholm, Mr.
Hall of Ohio, Mr. Quinn, Mr. Oberstar, Mr. Strickland, Ms.
Lambert, Mr. Kopetski, Mr. Kreidler, Mr. Peterson of
Minnesota, Mr. Darden, Mr. Murphy, Mr. Faleomavaega, Mr.
Hastings, Mr. Upton, Mr. Coble, Mr. Derrick, Mr. Kanjorski,
Mr. Traficant, Mr. Grams, Mr. Stearns, Mr. Quillen, Mr.
Duncan, Mr. Collins of Georgia, Mr. Torkildsen, Mrs. Unsoeld,
Mrs. Schroeder, Mr. Brooks, and Mr. Edwards of California.
H.R. 4468: Mr. Gene Green of Texas, Mr. Coppersmith, Mr.
Emerson, Mr. Talent, and Mr. Borski.
H.R. 4475: Mr. Greenwood and Mr. Gallegly.
H.J. Res. 15:
Mr. Cramer, Mr. Flake, Mrs. Clayton, Mr. Livingston, Mrs.
Unsoeld, Mr. Hilliard, Mr. Torres, Mrs. Collins of Illinois,
Mr. Mollohan, Mr. Dixon, Ms. Norton, Mr. Dellums, Mr.
Jefferson, and Mr. Frost.
H.J. Res. 209: Mr. Jefferson, Mr. Stupak, and Mr. Cox.
H.J. Res. 286: Mr. Blute, Mr. Cooper, Mr. Livingston, Mrs.
Lloyd, and Mr. Wolf.
H.J. Res. 297: Mr. Torres.
H.J. Res. 311: Mr. Becerra, Mrs. Byrne, Ms. Cantwell, Mr.
Coyne, Mr. Cramer, Mr. Doolittle, Ms. Dunn, Ms. Eshoo, Mr.
Flake, Mr. Ford of Tennessee, Mr. Gallo, Mr. Hilliard, Mr.
Hobson, Mr. Inslee, Mr. Kopetski, Mr. Mann, Mr. Moorhead, Mr.
Nadler, Mr. Neal of North Carolina, Mr. Rangel, Mr.
Richardson, Mr. Rogers, Mr. Roth, Mr. Sangmeister, Mr.
Sarpalius, Mr. Schumer, Mr. Sharp, Mr. Sisisky, Ms.
Slaughter, Mr. Swift, Mr. Volkmer, and Mr. Young of Florida.
H.J. Res. 327; Mr. Mann, Mr. Pete Geren of Texas, and Mr.
Upton.
H.J. Res. 338: Mr. Stark, Mr. Porter, Mr. Traficant, and
Mr. Mazzoli.
H.J. Res. 343: Mr. Fish, Mr. Schiff, Mr. Skeen, Mr.
Slattery, Mr. Gene Green of Texas, Mr. Lancaster, and Mr.
Sarpalius.
H.J. Res 356: Mr. Foglietta, Mr. Frost, Mr. Tejeda, and Mr.
Rangel.
H.J. Res. 362: Mr. Skeen, Mr. Hilliard, Ms. Norton, Mr.
Hall of Texas, and Mr. Gene Green of Texas.
H.J. Res. 364: Mr. Cramer, Mr. Applegate, Mr. Neal of
Massachusetts, Ms. Collins of Michigan, Mr. Clay, Mr. Wynn,
Mr. Rangel, and Mr. Lipinski.
H. Con. Res. 35: Mr. Ridge, Mr. Wyden, Mr. Becerra, Mr.
Houghton, Mrs. Thurman, Mr. Filner, Mr. Beilenson, Mr.
Baesler, and Mr. Klink.
H. Con. Res. 110: Mr. Peterson of Minnesota.
H. Con. Res. 147: Mr. Fish.
H. Con. Res. 166: Mr. Mineta.
H. Con. Res. 173: Mr. Rahall, Mr. Levin, Ms. Collins of
Michigan, Mr. Pickle, Ms. Danner, and Mr. Deutsch.
H. Con. Res. 212: Mr. Klein, Mr. Machtley, Mr. Peterson of
Minnesota, Mr. Skaggs, Mr. Swett, and Mr. Waxman.
H. Con. Res. 219: Mrs. Schroeder and Mrs. Morella.
H. Con. Res. 233: Mr. Slattery, Mr. Blackwell, Mr. Miller
of California, Mr. Filner, Mr. Wheat, Mr. Rahall, Mr. Lewis
of Georgia, Mr. Rush, Mr. Petri, Mr. Oberstar, Mr. Frank of
Massachusetts, Mr. Johnson of South Dakota, Mr. Gene Green of
Texas, Mr. McCloskey, Mr. Upton, Mr. Barlow, Mr. Bishop, Mr.
Abercrombie, Mr. Bilbray, Mr. Clay, Mr. Martinez, Mr.
Becerra, Mr. Gonzalez, Mr. Hefner, Ms. Roybal-Allard, Mr.
Sanders, Mr. Romero-Barcelo, Mr. LaFalce, Mr. Bonior, Mr.
Gunderson, Mr. Deutsch, Mr. Lantos, Mr. Hochbrueckner, Mr.
Boehlert, Mrs. Byrne, Ms. English of Arizona, Mr. Jacobs, Mr.
Edwards of California, Mr. Smith of New Jersey, Mr. Klink,
Mr. McDermott, Mr. DeFazio, Mr. Dellums, Mr. Ehlers, Ms.
Margolies-Mezvinsky, Mr. Washington, Mr. Pallone, Mr. Engel,
Mr. Reed, Mr. Kanjorski, Mr. Gejdenson, Miss Collins of
Michigan, Mr. de Lugo, Mr. Shays, Ms. Norton, and Mr.
Jefferson.
H. Con. Res. 234: Mr. Engel, Mr. Hilliard, Ms. Roybal-
Allard, Ms. Slaughter, Ms. Snowe, Mr. Williams, and Mr.
Zimmer.
H. Con. Res. 245: Mr. Shays and Mr. Bacchus of Florida.
H. Res. 234: Mr. Buyer and Mr. Grandy.
H. Res. 337: Mrs. Mink of Hawaii and Mr. Meehan.
H. Res. 430: Mrs. Maloney, Mr. Skeen, and Mr. Gene Green of
Texas.
.
WEDNESDAY, JUNE 8, 1994 (58)
Para. 58.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
MONTGOMERY, who laid before the House the following communication:
Washington, DC,
June 8, 1994.
I hereby designate the Honorable G.V. (Sonny) Montgomery to
act as Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Para. 58.2 approval of the journal
The SPEAKER pro tempore, Mr. MONTGOMERY, announced he had examined and
approved the Journal of the proceedings of Thursday, May 26, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 58.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3274. A letter from the Acting General Counsel, Department
of Defense, transmitting a draft of proposed legislation to
amend the National Defense Authorization Act for fiscal year
1991 to create a $10 million threshold for the Office of
Management and Budget review of residual value settlement
agreements, pursuant to 31 U.S.C. 1110.
3275. A letter from the Acting General Counsel, Department
of Defense, transmitting a draft of proposed legislation to
amend title 38, United States Code, to authorize Servicemen's
Group Life Insurance for certain members of the retired
reserve of the retired reserve of a uniformed service,
pursuant to 31 U.S.C. 1110; to the Committee on Veterans'
Affairs.
3276. A letter from the Secretary of Agriculture,
transmitting a draft of proposed legislation to amend the
Packers and Stockyards Act, 1921, to provide authority to
collect license fees to cover the cost of the program; to the
Committee on Agriculture.
3277. A communication from the President of the United
States, transmitting his request for fiscal year 1994
supplemental appropriations for the Department of Housing and
Urban Development and Transportation, the Federal Emergency
Management Agency and the Small Business Administration,
pursuant to 31 U.S.C. 1107 (H. Doc. No. 103-269); to the
Committee on Appropriations and ordered to be printed.
3278. A communication from the President of the United
States, transmitting an amendment to the fiscal year 1995
appropriations request for the Department of Energy, pursuant
to 31 U.S.C. 1107; to the Committee on Appropriations and
ordered to be printed.
3279. A letter from the Comptroller General, the General
Accounting Office, transmitting the status of budget
authority that was proposed for rescission by the President
in his fifth special impoundment message for fiscal year
1994, pursuant to 2 U.S.C. 685 (H. Doc. No. 103-267); to the
Committee on Appropriations and ordered to be printed.
3280. A letter from the Comptroller of the Department of
Defense, transmitting a report of a violation of the Anti-
Deficiency Act which occurred in the Department of the Air
Force, pursuant to 31 U.S.C. 1517(b); to the Committee on
Appropriations.
3281. A letter from the Director, Contracts, Department of
the Navy, transmitting a copy of the Department's
determination that it is in the public interest to use other
than competitive procedures for awarding a proposed contract
to the University of California at Berkeley, pursuant to 10
U.S.C. 2304(c)(7); to the Committee on Armed Services.
3282. A letter from the Acting General Counsel, Department
of Defense, transmitting a draft of proposed legislation to
amend section 2192 of title 10, United States Code, to
authorize the Secretary of Defense to limit Department of
Defense science, mathematics, and engineering education
programs to United States citizens and nationals; to the
Committee on Armed Services.
3283. A letter from the Secretary of Health and Human
Services, transmitting the 14th annual report on the
implementation of the Age Discrimination Act of 1975 by
departments and agencies which administer programs of Federal
financial assistance, pursuant to 42 U.S.C. 6106a(b); to the
Committee on Education and Labor.
3284. A letter from the Chairman, Commission on the Future
of Worker-Management Relations, transmitting a copy of the
fact finding report of the Commission on the Future of
Worker-Management Relations; to the Committee on Education
and Labor.
3285. A letter from the Chief Staff Counsel, the U.S. Court
of Appeals for the District of Columbia Circuit, transmitting
a copy of a recently issued opinion; to the Committee on
Energy and Commerce.
3286. A letter from the Director, Defense Security
Assistance Agency, transmitting the Department of the Air
Force's proposed lease of defense articles to the
Coordination Council for North American Affairs (Transmittal
No. 17-94), pursuant to 22 U.S.C. 2796a(a); to the Committee
on Foreign Affairs.
3287. A letter from the Director, Defense Security
Assistance Agency, transmitting the Department of the Air
Force's proposed lease of defense articles to the
Coordination Council for North American Affairs (Transmittal
No. 18-94), pursuant to 22 U.S.C. 2796a(a); to the Committee
on Foreign Affairs.
3288. A letter from the Director, Defense Security
Assistance Agency, transmitting the Department of the Air
Force's proposed lease of defense articles to the
Coordination Council for North American Affairs (Transmittal
No. 16-94), pursuant to 22 U.S.C. 2796a(a); to the Committee
on Foreign Affairs.
3289. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notice of the Department of
the Air Force's proposed lease of defense articles to France
(Transmittal No. 19-94), pursuant to 22 U.S.C. 2796a(a); to
the Committee on Foreign Affairs.
3290. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed li-
[[Page 977]]
cense for the export of major defense equipment and services
sold commercially to Mexico (Transmittal No. OTC-16-94),
pursuant to 22 U.S.C. 2776(c); to the Committee on Foreign
Affairs.
3291. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of
the proposed removal of items on the U.S. munitions list no
longer warranting export controls, pursuant to 22 U.S.C.
2778(f); to the Committee on Foreign Affairs.
3292. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the Department's
report on PLO compliance with its December 1988 commitments,
pursuant to Public Law 101-246, section 804(b) (104 Stat.
78); to the Committee on Foreign Affairs.
3293. A communication from the President of the United
States, transmitting a report on the status of efforts to
obtain Iraq's compliance with the resolutions adopted by the
United Nations Security Council, pursuant to Public Law 102-
1, section 3 (105 Stat. 4) (H. Doc. No. 103-268); to the
Committee on Foreign Affairs and ordered to be printed.
3294. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on Foreign Affairs.
3295. A letter from the Director, Office of Management and
Budget, transmitting OMB estimate of the amount of change in
outlays or receipts, as the case may be, in each fiscal year
through fiscal year 1999 resulting from passage of S. 636,
pursuant to Public Law 101-508, 1310(a) (104 Stat. 1388-582);
to the Committee on Government Operations.
3296. A letter from the Secretary, Department of
Agriculture; transmitting the semiannual report of the
inspector general for the period October 1, 1993 through
March 31, 1994, pursuant to Public Law 95-452, section
5(b)(102 Stat. 2526); to the Committee on Government
Operations.
3297. A letter from the Secretary, Department of Education,
transmitting the semiannual report of the activities of the
Office of Inspector General for the period October 1, 1993,
through March 31, 1994, pursuant to Public Law 95-452,
section 5(b) (102 Stat. 2526); to the Committee on Government
Operations.
3298. A letter from the Secretary, Department of Energy,
transmitting the semiannual report of the Office of Inspector
General covering the period October 1, 1993 through March 31,
1994, pursuant to Public Law 95-452, section 5(b) (102 Stat.
2515, 2526); to the Committee on Government Operations.
3299. A letter from the Secretary, Department of Health and
Human Services; transmitting the semiannual report of the
inspector general for the period October 1, 1993 through
March 31, 1994 and management report for the same period,
pursuant to Public Law 95-452, section 5(b) (102 Stat. 2515,
2526); to the Committee on Government Operations.
3300. A letter from the Secretary, Department of the
Interior, transmitting the semiannual report of the Office of
Inspector General for the period October 1, 1993, through
March 31, 1994, together with the Secretary's report on audit
follow-up for the same period, pursuant to Public Law 95-452,
section 5(b) (102 Stat. 2526); to the Committee on Government
Operations.
3301. A letter from the Secretary, Department of Labor;
transmitting the semiannual report on the activities of the
inspector general for the period October 1, 1993, through
March 31, 1994, pursuant to Public Law 95-452, section 5(b)
(102 Stat. 2526); to the Committee on Government Operations.
3302. A letter from the Board of Directors, Panama Canal
Commission, transmitting the semiannual report on activities
of the inspector general for the period October 1, 1993,
through March 31, 1994, and the management report for the
same period, pursuant to Public Law 95-452, section 5(b) (102
Stat. 2526); to the Committee on Government Operations.
3303. A letter from the Chairman, Consumer Product Safety
Commission, transmitting the semiannual report on activities
of the inspector general for the period October 1, 1993,
through March 31, 1994, pursuant to Public Law 95-452,
section 5(b) (102 Stat. 2526); to the Committee on Government
Operations.
3304. A letter from the Secretary, Department of Education,
transmitting a report of activities under the Freedom of
Information Act for calendar year 1993, pursuant to 5 U.S.C.
552(e); to the Committee on Government Operations.
3305. A letter from the Secretary, Department of Education,
transmitting the semiannual report to Congress on audit
follow-up, covering the period from October 1, 1993, through
March 31, 1994, pursuant to Public Law 95-452, section 5(b)
(102 Stat. 2526); to the Committee on Government Operations.
3306. A letter from the Attorney General, Department of
Justice, transmitting the semiannual report of the inspector
general for the period October 1, 1993, through March 31,
1994 and the management report for the same period, pursuant
to Public Law 95-452, section 5(b) (102 Stat. 2515, 2526); to
the Committee on Government Operations.
3307. A letter from the Chairman, Equal Employment
Opportunity Commission, transmitting the semiannual report on
activities of the inspector general for the period ending
March 31, 1994, and the management report for the same
period, pursuant to Public Law 95-452, section 5(b) (102
Stat. 2526); to the Committee on Government Operations.
3308. A letter from the Chairman and Chief, Farm Credit
Administration, transmitting the semiannual report on
activities of the inspector general for the period October 1,
1993, through March 31, 1994, and the management report for
the same period, pursuant to Public Law 95-452, section 5(b)
(102 Stat. 2526); to the Committee on Government Operations.
3309. A letter from the Board, Federal Housing Finance
Board, transmitting the semiannual report on activities of
the inspector general for the period ending March 31, 1994,
pursuant to Public Law 95-452, section 5(b) (102 Stat. 2526);
to the Committee on Government Operations.
3310. A letter from the Chairman, Federal Reserve System,
transmitting the semiannual report on activities of the
inspector general for the period ending March 31, 1994, and
the management report for the same period, pursuant to Public
Law 95-452, section 5(b) (102 Stat. 2526); to the Committee
on Government Operations.
3311. A letter from the Secretary, Federal Trade
Commission, transmitting a copy of the annual report in
compliance with the Government in the Sunshine Act during the
calendar year 1993, pursuant to 5 U.S.C. 552b; to the
Committee on Government Operations.
3312. A letter from the Chairman, Federal Trade Commission,
transmitting the Commission's semiannual report on activities
of the inspector general for the period ending March 31,
1993, pursuant to Public Law 95-452, section 5(b) (102 Stat.
2526); to the Committee on Government Operations.
3313. A letter from the Administrator, General Services
Administration, transmitting the semiannual report on
activities of the Office of Inspector General for the period
October 1, 1993, through March 31, 1994, pursuant to Public
Law 95-452, section 5(b) (102 Stat. 2526); to the Committee
on Government Operations.
3314. A letter from the Chairman, Interstate Commerce
Commission, transmitting the semiannual report on activities
of the inspector general for the period ending March 31,
1994, pursuant to Public Law 95-452, section 5(b) (102 Stat.
2526); to the Committee on Government Operations.
3315. A letter from the Administrator, National Aeronautics
and Space Administration, transmitting the semiannual report
on activities of the inspector general for the period October
1, 1993, through March 31, 1994, and management report for
the same period, pursuant to Public Law 95-452, section 5(b)
(102 Stat. 2526); to the Committee on Government Operations.
3316. A letter from the Chairman, National Credit Union
Administration, transmitting the semiannual report on
activities of the inspector general for the period October 1,
1993, through March 31, 1994, pursuant to Public Law 95-452,
section 5(b) (102 Stat. 2526); to the Committee on Government
Operations.
3317. A letter from the Chairman, National Endowment for
the Arts, transmitting the semiannual report on activities of
the inspector general for the period ending October 1, 1993,
through March 31, 1994, pursuant to Public Law 95-452,
section 5(b) (102 Stat. 2526); to the Committee on Government
Operations.
3318. A letter from the Chairman, National Science
Foundation, transmitting the semiannual report on activities
of the inspector general for the period October 1, 1993,
through March 31, 1994, pursuant to Public Law 95-452,
section 5(b) (102 Stat. 2526); to the Committee on Government
Operations.
3319. A letter from the Business Manager, Norfolk Naval
Shipyard Co-Operative Association, transmitting the annual
pension plan report for the plan year ending December 31,
1992, for the Norfolk Naval Shipyard Co-Operative
Association, pursuant to 31 U.S.C. 9503(a)(1)(B); to the
Committee on Government Operations.
3320. A letter from the Acting Administrator, Panama Canal
Commission, transmitting a report of activities under the
Freedom of Information Act for calendar year 1993, pursuant
to 5 U.S.C. 552(d); to the Committee on Government
Operations.
3321. A letter from the Chairman, Securities and Exchange
Commission, transmitting the semiannual report on activities
of the inspector general for the period ending March 31,
1994, pursuant to Public Law 95-452, section 5(b) (102 Stat.
2526); to the Committee on Government Operations.
3322. A letter from the Secretary, Smithsonian Institution,
transmitting the semiannual report on the activities of the
inspector general for the period October 1, 1993, through
March 31, 1994, and management report for the same period,
pursuant to Public Law 95-452, section 5(b) (102 Stat. 2526);
to the Committee on Government Operations.
3323. A letter from the Chairman, Thrift Depositor
Protection Oversight Board, transmitting the semiannual
report on the activities of the inspector general for the
period October 1, 1993, through March 31, 1994, and
management report for the same period, pursuant to Public Law
95-452, section 5(b) (102 Stat. 2526); to the Committee on
Government Operations.
3324. A letter from the Acting Administrator, U.S. Agency
for International Development, transmitting the semiannual
report on audit management and resolution and the semiannual
report on activities of the inspector general covering the
period October 1, 1993, through March 31, 1994, pursuant to
Public Law 95-452, section 5(b) (102 Stat. 2526); to the
Committee on Government Operations.
3325. A letter from the Director, U.S. Information Agency,
transmitting the semi-
[[Page 978]]
annual report on the activities of the inspector general for
the period October 1, 1993, through March 31, 1994, and the
management report for the same period, pursuant to Public Law
95-452, section 5(b) (102 Stat. 2526); to the Committee on
Government Operations.
3326. A letter from the Deputy Associate Director for
Compliance, Department of the Interior transmitting
notification of proposed refunds of excess royalty payments
in OCS areas, pursuant to 43 U.S.C. 1339(b); to the Committee
on Natural Resources.
3327. A letter from the Secretary, Department of the
Interior, transmitting the 1993 section 8 report on National
Historic and Natural Landmarks that have been damaged or to
which damage to their integrity is anticipated, pursuant to
16 U.S.C. 1a-5(a); to the Committee on Natural Resources.
3328. A letter from the Treasurer General, National Society
Daughters of the American Revolution, transmitting the report
of the audit of the society for the fiscal year ended
February 28, 1994, pursuant to 36 U.S.C. 1101(20), 1103; to
the Committee on the Judiciary.
3329. A letter from the Chief Staff Counsel, The U.S. Court
of Appeals for the District of Columbia Circuit, transmitting
a copy of a recently issued opinion; to the Committee on the
Judiciary.
3330. A letter from the General Counsel, Department of
Commerce, transmitting a draft of proposed legislation to
change the census date for the 2000 decennial census and
subsequent censuses; to the Committee on Post Office and
Civil Service.
3331. A letter from the General Counsel, Department of
Commerce, transmitting a draft of proposed legislation to
provide the Secretary of Commerce with the authority to share
the address lists of the Bureau of the Census with the U.S.
Postal Service and Federal, State, and local officials when
it is required for the efficient and economical conduct of
censuses and surveys; to the Committee on Post Office and
Civil Service.
3332. A communication from the President of the United
States, transmitting notification of his determination that a
continuation of a waiver currently in effect for Albania,
Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan,
Kyrgyzstan, Moldova, Mongolia, Romania, Russia, Tajikistan,
Turkmenistan, Ukraine, and Uzbekistan will substantially
promote the objectives of section 402, of the Trade Act of
1974, pursuant to 19 U.S.C. 2432(d)(1) (H. Doc. No. 103-265);
to the Committee on Ways and Means and ordered to be printed.
3333. A communication from the President of the United
States, transmitting notification of his determination that a
continuation of a waiver currently in effect for the People's
Republic of China will substantially promote the objectives
of section 402, of the Trade Act of 1974, pursuant to 19
U.S.C. 2432(d)(1) (H. Doc. No. 103-266); to the Committee on
Ways and Means and ordered to be printed.
3334. A letter from the Chairman, Prospective Payment
Assessment Commission, transmitting the report ``Medicare and
the American Health Care System''; to the Committee on Ways
and Means.
3335. A letter from the Secretary of Health and Human
Services, transmitting a draft of proposed legislation to
amend and extend the authorization of appropriations for the
Family Support Center Program under the Stewart B. McKinney
Homeless Assistance Act, and for other purposes; jointly, to
the Committees on Banking, Finance and Urban Affairs and
Education and Labor.
3336. A letter from the Secretary, Department of Energy,
transmitting a report on the condition and status of
university research and training and reactors, pursuant to
Public Law 102-486, section 2203(b) (106 Stat. 3088);
jointly, to the Committees on Energy and Commerce and
Science, Space, and Technology.
3337. A letter from the Administrator, Agency for
International Development, transmitting a quarterly update
report on development assistance program allocations for
fiscal year 1994, pursuant to 22 U.S.C. 2413(a); jointly, to
the Committees on Foreign Affairs and Appropriations.
3338. A letter from the Chairman, Board of Governors of the
Federal Reserve System, transmitting the fourth report on the
subject of intermarket coordination, pursuant to Public Law
101-432, section 8(a) (104 Stat. 976); jointly, to the
Committees on Banking, Finance and Urban Affairs; Energy and
Commerce; and Agriculture.
Para. 58.4 receipt of letter from committee chairman
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that the SPEAKER
was in receipt of a letter from the Chairman of the Committee on Ways
and Means transmitting notice of his intention, pursuant to rule 49 of
the rules of the Democratic Caucus, to temporarily step aside as
chairman.
Para. 58.5 messages from the president
Sundry messages in writing from the President of the United States
were communicated to the House by Mr. Edwin Thomas, one of his
secretaries.
Para. 58.6 question of order of the house
On motion of Mr. MONTGOMERY, by unanimous consent,
Ordered, That the trial period established on February 11, 1994, for
recognition for future special order speeches be continued though
Friday, June 10, 1994.
Para. 58.7 order of business--consideration of h.r. 4301
On motion of Mr. MONTGOMERY, by unanimous consent,
Ordered, That during further consideration of the bill (H.R. 4301) to
authorize appropriations for fiscal year 1995 for military activities of
the Department of Defense, to prescribe military personnel strengths for
fiscal year 1995, and for other purposes, in the Committee of the Whole
House on the state of the Union, pursuant to House Resolution 431, there
shall be an additional 15 minutes of general debate, to be equally
divided and controlled by the chairman and ranking minority Member of
the Committee on Armed Services, or their designees, prior to
consideration of any further amendments to said bill.
Para. 58.8 consideration of amendments--h.r. 4301
Mr. MONTGOMERY, pursuant to section 5 of House Resolution 431,
requested that the chairman of the Committee of the Whole House on the
state of the Union during further consideration of the bill (H.R. 4301)
to authorize appropriations for fiscal year 1995 for military activities
of the Department of Defense, to prescribe military personnel strengths
for fiscal year 1995, and for other purposes, recognize Members to offer
remaining amendments to said bill as printed in Part 1 of House Report
103-520 after the disposition of the next en bloc amendment offered
under section 4 of House Resolution 431.
Para. 58.9 message from the president--south africa interim government
The SPEAKER pro tempore, Mrs. SCHROEDER, laid before the House a
message from the President, which was read as follows:
To the Congress of the United States:
Pursuant to sections 4(a)(2) and 5(b)(1) of the South African
Democratic Transition Support Act of 1993 (Public Law 103-149); 22
U.S.C. 5001 note), I hereby certify that an interim government, elected
on a nonracial basis through free and fair elections, has taken office
in South Africa.
William J. Clinton.
The White House, June 8, 1994.
By unanimous consent, the message, was referred to the Committee on
Foreign Affairs.
Para. 58.10 message from the president--impoundment control
The SPEAKER pro tempore, Mrs. SCHROEDER, laid before the House a
message from the President, which was read as follows:
To the Congress of the United States:
In accordance with the Congressional Budget and Impoundment Control
Act of 1974, I herewith report two revised deferrals of budget
authority, now totaling $555.2 million.
The deferrals affect the Department of Agriculture. The details of the
two revised deferrals are contained in the attached report.
William J. Clinton.
The White House, June 8, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Appropriations and ordered to
be printed (H. Doc. 103-264).
Para. 58.11 message from the president--commodity credit corporation
The SPEAKER pro tempore, Mrs. SCHROEDER, laid before the House a
message from the President, which was read as follows:
To the Congress of the United States:
In accordance with the provisions of section 13, Public Law 806, 80th
Congress (15 U.S.C. 714k), I transmit herewith the report of the
Commodity Credit Corporation for fiscal year 1992.
William J. Clinton.
The White House, June 8, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Agriculture.
Para. 58.12 subpoena
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, laid before the
House a communication, which was read as follows:
Office of the Director, Non-Legislative and Financial
Services, House of Representatives,
[[Page 979]]
Washington, DC, May 31, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to notify you formally pursuant
to Rule L (50) of the Rules of the House that the Office of
Finance has been served with a subpoena issued by the
Superior Court of the District of Columbia.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoena is
consistent with the privileges and precedents of the House.
Sincerely,
Randall B. Medlock,
Acting Director.
Para. 58.13 subpoena
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, laid before the
House a communication, which was read as follows:
Office of the Director, Non-Legislative and Financial
Services, House of Representatives,
Washington, DC, May 31, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to notify you formally pursuant
to Rule L (50) of the Rules of the House that the Office of
Finance has been served with a subpoena issued by the United
States District Court for the District of Columbia.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoena is
consistent with the privileges and precedents of the House.
Sincerely,
Randall B. Medlock,
Acting Director.
Para. 58.14 subpoena
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, laid before the
House a communication, which was read as follows:
House of Representatives,
Washington, DC, June 1, 1994.
Hon. Thomas S. Foley,
Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that a staffer in my
office has been served with a subpoena issued by the State of
Indiana, Marion Superior Court in connection with a civil
case involving some constituent casework.
After consultation with the General Counsel, I will
determine if compliance with the subpoena is consistent with
the privileges and precedents of the House.
Sincerely,
Dan Burton,
Member of Congress.
Para. 58.15 recess--12:59 p.m.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, pursuant to clause
12 of rule I, declared the House in recess at 12 o'clock and 59 minutes
p.m., until 3:45 p.m.
Para. 58.16 after recess--3:49 p.m.
The SPEAKER pro tempore, Mr. MONTGOMERY, called the House to order.
Para. 58.17 dod authorization
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to House Resolution
431 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the further consideration
of the bill (H.R. 4301) to authorize appropriations for fiscal year 1995
for military activities of the Department of Defense, to prescribe
military personnel strengths for fiscal year 1995, and for other
purposes.
Mr. BACCHUS, Acting Chairman, assumed the chair; and after some time
spent therein,
Para. 58.18 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment, as modified, submitted by Mr.
SOLOMON:
At the end of title X (page 277, after line 2), add the
following new section:
SEC. 1038. SENSE OF THE CONGRESS CONCERNING THE NORTH KOREAN
NUCLEAR WEAPONS DEVELOPMENT PROGRAM.
(a) Findings.--The Congress finds that--
(1) between 1950 and 1953, the United States led a military
coalition that successfully repelled an invasion of the
Republic of Korea by the Communist regime in North Korea, at
a cost of more than 54,000 American lives;
(2) the United States and the Republic of Korea ratified a
Mutual Security Treaty in 1954 that commits the United States
to helping the Republic of Korea defend itself against
external aggression;
(3) approximately 37,000 United States military personnel
are presently stationed in the Republic of Korea;
(4) the United States and the Republic of Korea have
conducted joint military exercises, code named ``Team
Spirit'', regularly since 1976;
(5) the Communist regime in North Korea has built up an
armed force nearly twice the size of that in the Republic of
Korea and has never renounced the active and ongoing use of
force, terrorism, and subversion in its attempts to subdue
and subjugate the Republic of Korea;
(6) although the North Korean regime signed the Treaty on
the Non-Proliferation of Nuclear Weapons in 1985, it has
never permitted the unfettered international inspection of
its nuclear facilities that is required of all signatories of
that Treaty;
(7) the Secretary of Defense has stated publicly that
efforts by the North Korean regime to develop enough
plutonium to permit the manufacture of 10 to 12 nuclear
weapons per year, and to develop the ballistic missile
capacity of delivering these and other weapons over a wide
area, represent a grave threat to the security of the Korean
peninsula and the entire world;
(8) the North Korean regime continues to resist efforts by
the United States to reduce tensions on the Korean peninsula;
(9) efforts in recent years by the United States to reduce
tensions on the Korean peninsula have included the withdrawal
of all nuclear weapons from the territory of the Republic of
Korea and a reduction in the number of United States military
personnel stationed there, the postponement of the 1994
``Team Spirit'' exercises, the establishment of direct
diplomatic contacts with the North Korean regime, and the
offer of expanded diplomatic and economic contacts with North
Korea;
(10) weapons-grade plutonium can be extracted from the fuel
rods in the type of nuclear facilities North Korea is known
to possess;
(11) international inspectors must be permitted to examine
all spent fuel rods removed from North Korea's principal
nuclear reactor at Yongbyon and to carry out tests necessary
to ensure compliance with the 1992 safeguards agreement; and
(12) the diplomatic impasse concerning the North Korean
nuclear program has clearly reached a critical juncture, the
unsatisfactory resolution of which would place the
international nonproliferation regime in jeopardy and
threaten the peace and security of the Korean peninsula, the
Northeast Asia region, and, by extension, the rest of the
world.
(b) Sense of the Congress.--It is the sense of the Congress
that--
(1) the North Korean regime should take an initial step
toward cooperation with the international nonproliferation
regime by permitting the unfettered international inspection
of the removal and eventual disposal of all spent fuel rods
from the Yongbyon nuclear complex, followed by a
comprehensive inspection process as required by the Treaty on
the Non-Proliferation of Nuclear Weapons;
(2) an unsatisfactory resolution of the inspection
controversy at Yongbyon that allows for anything less than
unfettered international inspection of facilities in that
complex should prompt the Government of the United States to
take such action as would indicate the severity with which it
views this provocation against international norms; and
(3) such action should include, but not necessarily be
limited to, the seeking of international sanctions against
the North Korean regime and the rescheduling of the ``Team
Spirit'' exercises for 1994.
It was decided in the
Yeas
415
<3-line {>
affirmative
Nays
1
Para. 58.19 [Roll No. 217]
AYES--415
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Camp
Canady
Cantwell
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Coppersmith
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
[[Page 980]]
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--1
Dixon
NOT VOTING--23
Becerra
Calvert
Carr
Clinger
Cooper
Coyne
Faleomavaega (AS)
Foglietta
Grandy
Huffington
Jefferson
Martinez
McCurdy
Miller (CA)
Oberstar
Royce
Scott
Smith (OR)
Thomas (WY)
Tucker
Washington
Whitten
Williams
So the amendment, as modified, was agreed to.
After some further time,
Para. 58.20 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. KOPETSKI:
At the end of title X (page 277, after line 2), insert the
following new section:
SEC. . CONGRESSIONAL ACTION ON NEGOTIATION OF LIMITATIONS ON
NUCLEAR WEAPONS TESTING.
(a) Findings.--The Congress finds the following:
(1) On January 25, 1994, the United States joined with 37
other nations to begin negotiations for a comprehensive
treaty to ban permanently all nuclear weapons testing.
(2) On March 14, 1994, the President decided to extend the
current United States nuclear testing moratorium at least
through September 1995.
(3) The United States is seeking to extend indefinitely the
Non-Proliferation Treaty at the April 1995 NPT Extension
Conference.
(4) Conclusion of a comprehensive test ban treaty could
contribute toward successful negotiations to extend the Non-
Proliferation Treaty.
(5) Agreements to eliminate nuclear testing and control the
spread of nuclear weapons could contribute to the national
security of the United States, its allies, and other nations
around the world.
(b) Congressional Action.--In view of the findings set
forth in subsection (a), the Congress--
(1) applaudes the President for maintaining the United
States nuclear testing moratorium and for taking a leadership
role toward negotiation of a comprehensive test ban treaty;
(2) encourages all nuclear powers to refrain from
conducting nuclear explosions, prior to conclusion of a
comprehensive test ban treaty; and
(3) urges the Conference on Disarmament to make all
possible progress toward a comprehensive test ban treaty by
the end of 1994.
It was decided in the
Yeas
263
<3-line {>
affirmative
Nays
156
Para. 58.21 [Roll No. 218]
AYES--263
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Barca
Barcia
Barlow
Barrett (WI)
Beilenson
Berman
Bevill
Bishop
Blackwell
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Ford (MI)
Ford (TN)
Frank (MA)
Franks (NJ)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilchrest
Gilman
Glickman
Gonzalez
Gordon
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Hoekstra
Holden
Horn
Hoyer
Hughes
Inslee
Jacobs
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Klug
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Leach
Lehman
Levin
Lewis (GA)
Lipinski
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickle
Pomeroy
Porter
Poshard
Price (NC)
Quinn
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Romero-Barcelo (PR)
Rose
Rostenkowski
Roth
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Serrano
Sharp
Shays
Shepherd
Skaggs
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOES--156
Allard
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilbray
Bilirakis
Bliley
Boehner
Bonilla
Brooks
Bunning
Burton
Buyer
Callahan
Camp
Canady
Castle
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Emerson
Everett
Ewing
Fields (TX)
Fowler
Franks (CT)
Gallegly
Gallo
Gekas
Geren
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoke
Houghton
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kasich
Kim
King
Kingston
Knollenberg
Kolbe
Kyl
Lazio
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lloyd
Lucas
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Mica
Michel
Miller (FL)
Molinari
Moorhead
Myers
Nussle
Oxley
Packard
Paxon
Pickett
Pombo
Portman
Pryce (OH)
Quillen
Ramstad
[[Page 981]]
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Rowland
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Vucanovich
Walker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--20
Becerra
Calvert
Clinger
Cooper
Faleomavaega (AS)
Foglietta
Grandy
Huffington
Jefferson
Martinez
McCurdy
Miller (CA)
Oberstar
Royce
Scott
Smith (OR)
Thomas (WY)
Tucker
Washington
Whitten
So the amendment was agreed to.
After some further time,
Para. 58.22 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Ms. HARMAN:
Page 169, line 22, strike out ``A member of the'' and all
that follows through ``be separated.'' on page 169, line 25,
and insert in lieu thereof the following:
A member of the armed forces who is classified as
permanently nonworldwide assignable due to a medical
condition shall (except as provided in subsection (c)) be
separated unless the Secretary concerned determines that the
retention of permanently nonworldwide assignable service
members would not adversely affect the ability of the service
to carry out its mission.
It was decided in the
Yeas
227
<3-line {>
affirmative
Nays
192
Para. 58.23 [Roll No. 219]
AYES--227
Abercrombie
Ackerman
Andrews (ME)
Applegate
Bacchus (FL)
Baesler
Barca
Barlow
Barrett (WI)
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Blute
Bonior
Borski
Boucher
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Clay
Clayton
Clyburn
Collins (IL)
Collins (MI)
Condit
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Ford (MI)
Frank (MA)
Franks (NJ)
Furse
Gejdenson
Gephardt
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hamburg
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Horn
Houghton
Hoyer
Hughes
Inslee
Jacobs
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Klug
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lantos
LaRocco
Lehman
Levin
Lewis (GA)
Lipinski
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Matsui
McCloskey
McDermott
McKinney
Meehan
Meek
Menendez
Mfume
Mineta
Minge
Mink
Moakley
Molinari
Moran
Morella
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Obey
Olver
Orton
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Penny
Peterson (MN)
Pickle
Pomeroy
Poshard
Price (NC)
Quinn
Rahall
Rangel
Ravenel
Reed
Reynolds
Richardson
Ridge
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Serrano
Sharp
Shays
Shepherd
Skaggs
Slattery
Slaughter
Smith (IA)
Snowe
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Talent
Tanner
Thompson
Torkildsen
Torres
Torricelli
Towns
Traficant
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Waters
Watt
Waxman
Wheat
Williams
Wise
Woolsey
Wyden
Wynn
Yates
NOES--192
Allard
Andrews (NJ)
Andrews (TX)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Boehlert
Boehner
Bonilla
Brewster
Bunning
Burton
Buyer
Callahan
Camp
Canady
Carr
Castle
Chapman
Clement
Coble
Coleman
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
Darden
DeLay
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Ford (TN)
Fowler
Franks (CT)
Frost
Gallegly
Gallo
Gekas
Geren
Gibbons
Gilchrest
Gingrich
Goodlatte
Goodling
Goss
Grams
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hoekstra
Hoke
Holden
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kasich
Kim
King
Kingston
Knollenberg
Lambert
Lancaster
Laughlin
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lloyd
Lucas
Manzullo
Mazzoli
McCandless
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meyers
Mica
Michel
Miller (FL)
Mollohan
Montgomery
Moorhead
Murphy
Murtha
Myers
Nussle
Ortiz
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (FL)
Petri
Pickett
Pombo
Porter
Portman
Pryce (OH)
Quillen
Ramstad
Regula
Roberts
Roemer
Rogers
Rohrabacher
Roth
Roukema
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Swett
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thornton
Thurman
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wilson
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--20
Becerra
Calvert
Clinger
Cooper
Faleomavaega (AS)
Foglietta
Grandy
Huffington
Jefferson
Martinez
McCurdy
Miller (CA)
Oberstar
Royce
Scott
Smith (OR)
Thomas (WY)
Tucker
Washington
Whitten
So the amendment was agreed to.
After some further time,
Para. 58.24 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment, as modified, submitted by Mr.
MARKEY:
At the end of Title X (page 277, after line 2), insert the
following new section:
SEC. . NUCLEAR COOPERATION.
(a) In General--It is the sense of the Congress that the
President should suspend any programmatic consent given under
a nuclear cooperation agreement for the use of special
nuclear material subject to such agreement at any facility at
which accounting discrepancies do not permit the
International Atomic Energy Agency to determine with its
required level of confidence that a significant quantity of
special nuclear material has not been diverted from the
facility. Such suspension should remain in effect until such
time as the International Atomic Energy Agency determines
that such discrepancies and uncertainties have been resolved
and operational problems at the facility have been corrected
to permit the Agency to detect a diversion of a significant
quantity of special nuclear material from the facility with
the required level of confidence.
(b) Limitation--The suspension called for in subsection (a)
need not be carried out if operation of the facility in
question is voluntarily suspended until such time as the
Agency is able to detect a diversion as specified in that
subsection.
(c) Reporting--Not later than 90 days after enactment of
this section, the President shall submit a report to the
Congress which (i) describes the actions taken by the
President pursuant to this section, (ii) states whether the
conditions for lifting the suspension called for in
subsection (a) have been met, and (iii) provides an
assessment of the risks of both national and subnational
diversion of special nuclear material at the facility under
circumstances where such conditions have not been met. If,
within such period, the conditions for lifting the suspension
have not been satisfied, the President shall, every 90 days
thereafter, and until such time as the conditions are
satisfied, report to the Congress concerning the progress
made toward achieving this objective.
It was decided in the
Yeas
68
<3-line {>
negative
Nays
349
Para. 58.25 [Roll No. 220]
AYES--68
Abercrombie
Andrews (ME)
Applegate
Bentley
Bonior
Brown (OH)
Bryant
Carr
Clay
Collins (IL)
Collins (MI)
Conyers
Coyne
de Lugo (VI)
DeFazio
Dellums
Edwards (CA)
Evans
Filner
Fish
Flake
Frank (MA)
Furse
Gejdenson
Gonzalez
Hamburg
Hinchey
Horn
Houghton
Kasich
Kennedy
Kildee
Lewis (GA)
Maloney
Margolies-Mezvinsky
Markey
McKinney
Meehan
Minge
Moakley
Moran
Nadler
Neal (MA)
Norton (DC)
Olver
Owens
Payne (NJ)
Pelosi
Rangel
Rush
Sanders
Schroeder
Schumer
Shepherd
Slaughter
Stark
Stokes
Studds
Torres
[[Page 982]]
Towns
Underwood (GU)
Velazquez
Vento
Waters
Watt
Woolsey
Wyden
Yates
NOES--349
Ackerman
Allard
Andrews (NJ)
Andrews (TX)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Beilenson
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Bunning
Burton
Buyer
Byrne
Callahan
Camp
Canady
Cantwell
Cardin
Castle
Chapman
Clayton
Clement
Clyburn
Coble
Coleman
Collins (GA)
Combest
Condit
Coppersmith
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeLauro
DeLay
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Fingerhut
Ford (MI)
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Frost
Gallegly
Gallo
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Hoyer
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kennelly
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Mann
Manton
Manzullo
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (FL)
Mineta
Mink
Molinari
Mollohan
Montgomery
Moorhead
Morella
Murphy
Murtha
Myers
Neal (NC)
Nussle
Obey
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Sabo
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Strickland
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Torkildsen
Torricelli
Traficant
Unsoeld
Upton
Valentine
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waxman
Weldon
Wheat
Williams
Wilson
Wise
Wolf
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--22
Becerra
Berman
Calvert
Clinger
Cooper
Dingell
Faleomavaega (AS)
Foglietta
Grandy
Huffington
Jefferson
Martinez
McCurdy
Miller (CA)
Oberstar
Royce
Scott
Smith (OR)
Thomas (WY)
Tucker
Washington
Whitten
So the amendment, as modifed, was not agreed to.
After some further time,
Para. 58.26 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. KASICH:
At the end of title X (page 277, after line 2), insert the
following new section:
SEC. 1038. SENSE OF CONGRESS AND REPORT ON READINESS OF
MILITARY FORCES OF THE REPUBLIC OF KOREA.
(a) Findings.--The Congress finds the following:
(1) Under existing treaties and security arrangements
between the United States and the Republic of Korea,
responsibility for the defense of the territory of the
Republic of Korea is allocated so that the Republic of Korea
has primary responsibility for the ground defense of its
territory and the United States has primary responsibility
for air and sea defense of the Korean peninsula and for
reinforcement.
(2) The Force Improvement Program of the Republic of Korea
has not addressed critical shortfalls in its ground force
capability which continue to exist even though the Republic
of Korea spends approximately $12,000,000,000 annually on
defense while the Democratic People's Republic of Korea
spends approximately $4,000,000,000 annually on defense. The
Republic of Korea has diverted substantial defense resources
to procuring submarines, destroyers, advanced aircraft, and
other military systems that are marginal to its primary
ground defense responsibility.
(3) The defense acquisition decisions of the Republic of
Korea have had the effect of not allowing the Republic of
Korea to attain self-sufficiency in its ground defense
responsibility. As a result, there exists an undue burden on
the United States for the ground defense of the Korean
peninsula.
(4) The lack of intelligence capability to forecast the
military intentions of the Democratic People's Republic of
Korea represents a major deficiency of the combined United
States-Republic of Korea military force.
(5) A short-warning attack by the Democratic People's
Republic of Korea would cause major losses to the combined
United States-Republic of Korea ground force.
(b) Sense of Congress.--It is the sense of the Congress
that the President should urge the Republic of Korea to
improve its military ground forces with emphasis on
counterartillery capabilities, defense against ballistic
missiles and weapons of mass destruction, combined United
States-Republic of Korea logistics capabilities, combined
United States-Republic of Korea medical support, and combined
United States-Republic of Korea strategic and tactical
intelligence capabilities.
(c) Report.--Not later than December 1, 1994, the Secretary
of Defense shall submit to the Committee on Armed Services of
the Senate and House of Representatives a report, in
classified form, on--
(1) the readiness of the military forces of the Republic of
Korea to defeat an attack by the military forces of the
Democratic People's Republic of Korea; and
(2) the adequacy of the defense acquisition strategy of the
Republic of Korea to meet its primary ground defense mission.
It was decided in the
Yeas
414
<3-line {>
affirmative
Nays
3
Para. 58.27 [Roll No. 221]
AYES--414
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Beilenson
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
[[Page 983]]
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--3
Gonzalez
McKinney
Nadler
NOT VOTING--22
Bateman
Becerra
Berman
Calvert
Clinger
Cooper
Faleomavaega (AS)
Foglietta
Grandy
Huffington
Jefferson
Martinez
McCurdy
Miller (CA)
Oberstar
Royce
Scott
Smith (OR)
Thomas (WY)
Tucker
Washington
Whitten
So the amendment was agreed to.
After some further time,
The SPEAKER pro tempore, Mr. FIELDS, assumed the Chair.
When Mr. DURBIN, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
Para. 58.28 providing for the consideration of h.r. 4539
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-537) the resolution (H. Res. 447) providing for consideration of
the bill (H.R. 4539) making apporpriations for the Treasury Department,
the United States Postal Service, the Executive Office of the President,
and certain Independent Agencies, for the fiscal year ending September
30, 1995, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 58.29 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. ROYCE, for today;
To Mr. TUCKER, for today and balance of the week;
To Mr. JEFFERSON, for today and balance of the week; and
To Mr. FALEOMAVAEGA, for today and balance of the week; .
And then,
Para. 58.30 adjournment
On motion of Mr. EWING, at 7 o'clock and 2 minutes p.m., the House
adjourned.
Para. 58.31 oath of office of members, resident commissioner, and
delegates
The oath of office required by the sixth article of the Constitution
of the United States, and as provided by section 2 of the act of May 13,
1884 (23 Stat. 22), to be administered to Members, Resident
Commissioner, and Delegates of the House of Representatives, the text of
which is carried in 5 U.S.C. 3331:
``I, AB, do solemnly swear (or affirm) that I will support and
defend the Constitution of the United States against all enemies,
foreign and domestic; that I will bear true faith and allegiance to
the same; that I take this obligation freely, without any mental
reservation or purpose of evasion; and that I will well and
faithfully discharge the duties of the office on which I am about to
enter. So help me God.''
has been subscribed to in person and filed in duplicate with the Clerk
of the House of Representatives by the following Member of the 103d
Congress, pursuant to the provisions of 2 U.S.C. 25:
Honorable Ron Lewis, 2nd District Kentucky.
Para. 58.32 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
[Pursuant to the order of the House on May 26, 1994, the following
report was filed on June 3, 1994]
Mr. FORD of Michigan: Committee on Education and Labor.
H.R. 8. A bill to amend the Child Nutrition Act of 1966 and
the National School Lunch Act to extend certain authorities
contained in such acts through the fiscal year 1998, with an
amendment; referred to the Committee on Agriculture for a
period ending not later than June 24, 1994, for consideration
of such provisions contained in the bill and amendment as
fall within the jurisdiction of that committee pursuant to
clause 1(a), rule X (Rept. No. 103-535, Pt. 1).
[Submitted June 8, 1994]
Mr. BROWN of California: Committee on Science, Space, and
Technology. H.R. 3870. A bill to promote the research and
development of environmental technologies; with an amendment
(Rept. No. 103-536). Referred to the Committee of the Whole
House on the State of the Union.
Mr. BEILENSON: Committee on Rules. H. Res. 447. A
resolution providing for the consideration of the bill (H.R.
4539) making appropriations for the Treasury Department, the
U.S. Postal Service, the executive office of the President,
and certain independent agencies, for the fiscal year ending
September 30, 1995, and for other purposes (Rept. No. 103-
537). Referred to the House Calendar.
Para. 58.33 reported bills sequentially referred
Under clause 5 of rule X the following action was taken by the
Speaker:
H.R. 8. Referred to the Committee on Agriculture for a
period ending not later than June 24, 1994, for consideration
of such provisions contained in the bill and amendment as
fall within the jurisdiction of that committee pursuant to
clause 1(a), rule X.
Para. 58.34 public bills and resolutions
Under clause 5 of rule X and clause 4 of the rule XXII, public bills
and resolutions were introduced and severally referred as follows:
By Mr. EVANS (for himself, Mr. Browder, Mr. Dellums,
Mr. Gutierrez, Mr. McCloskey, Mr. Oberstar, Mr.
Gonzalez, Mr. Brown of California, Mrs. Schroeder,
Mr. Filner, Ms. Waters, Mr. Kennedy, Mr. Boucher, Mr.
Faleomavaega, Mr. Holden, Mr. Ackerman, Mr.
Hochbrueckner, Mr. Washington, Mr. Carr, Mr. Farr,
Mr. Frank of Massachusetts, Mr. Cooper, Mr.
Gejdenson, Mr. Sanders, Ms. Slaughter, Mr. Serrano,
Mr. Kreidler, Mr. Barlow, Mr. Traficant, Mrs. Lowey,
Mr. Barrett of Wisconsin, Mr. Hall of Ohio, Mr.
Andrews of Maine, Mr. Kopetski, Mr. Orton, Mr. Olver,
Mr. Underwood, Mr. Kleczka, Mr. Edwards of
California, Mr. Markey, Mr. Johnston of Florida, Mr.
Jefferson, Mr. Fingerhut, Mr. Manton, Mr. Strickland,
Mr. Lancaster, Mr. Mineta, Mr. Swett, Mr. Deutsch,
Mr. Bonior, Mr. Bilbray, Mrs. Unsoeld, Mr. Peterson
of Florida, and Mr. Richardson):
H.R. 4540. A bill to provide a program of compensation and
health research for illnesses arising from service in the
Armed Forces during the Persian Gulf war; to the Committee on
Veterans' Affairs.
By Mr. JOHNSTON of Florida (for himself and Mr. Payne
of New Jersey):
H.R. 4541. A bill to authorize assistance to promote the
peaceful resolution of conflicts in Africa; to the Committee
on Foreign Affairs.
By Mr. KENNEDY (for himself, Mr. Evans, Mr. Gutierrez,
Mr. Hochbrueckner, Mr. Montgomery, and Mr. Sanders):
H.R. 4542. A bill to provide an improved system of health-
related information for Persian Gulf war veterans and to
extend the availability of certain health care for Persian
Gulf war veterans; to the Committee on Veterans' Affairs.
[[Page 984]]
By Mr. CLYBURN:
H.R. 4543. A bill to designate the U.S. courthouse to be
constructed at 907 Richland Street in Columbia, SC., as the
``Matthew J. Perry, Jr. United States Courthouse''; to the
Committee on Public Works and Transportation.
By Mr. de LUGO (for himself (by request) and Mr. Miller
of California):
H.R. 4544. A bill to authorize the appropriations for
construction projects under the covenant to establish a
commonwealth of the Northern Mariana Islands in political
union with the United States of America, and for other
purposes; to the Committee on Natural Resources.
By Mr. SWIFT (by request):
H.R. 4545. A bill to amend the Federal Railroad Safety Act
of 1970, and for other purposes; to the Committee on Energy
and Commerce.
By Mr. FLAKE:
H.R. 4546. A bill to strengthen families receiving aid to
families with dependent children through education, job
training, savings, and investment opportunities, and to
provide States with greater flexibility in administering such
aid in order to help individuals make the transition from
welfare to employment and economic independence; to the
Committee on Ways and Means.
By Mr. PETE GEREN of Texas:
H.R. 4547. A bill to amend the Fair Labor Standards Act of
1938 to exempt certain educational enterprise employees from
the minimum wage and overtime compensation provisions of such
act; to the Committee on Education and Labor.
By Mr. McDERMOTT:
H.R. 4548. A bill to amend the Internal Revenue Code of
1986 to provide an exclusion from gross income for water
conservation subsidies provided to customers by water
utilities and to allow such utilities an expense deduction
for such subsidies; to the Committee on Ways and Means.
By Ms. NORTON:
H.R. 4549. A bill to amend title 5, United States Code, to
provide for travel and transportation expenses for the family
of a career appointee in the Senior Executive Service who
dies after transferring in the interest of the Government to
an official duty station and who was eligible for an annuity
at the time of death, and for other purposes; to the
Committee on Government Operations.
By Mr. STEARNS (for himself, Mr. Armey, Mr. Baker of
California, Mr. Crane, Mr. DeLay, Mr. Dornan, Mr.
Duncan, Mr. Gekas, Mr. Gingrich, Mr. Goss, Mr. Grams,
Mr. Hancock, Mr. Hastert, Mr. Hunter, Mr. Hutchinson,
Mr. Hyde, Mr. Kyl, Mr. Lewis of Florida, Mr. Linder,
Mr. Rohrabacher, Mr. Shays, and Mrs. Vucanovich):
H.R. 4550. A bill to provide Americans with secure,
portable health insurance benefits through tax credits,
medical savings accounts, and greater choice of health
insurance plans without mandates, and for other purposes;
jointly, to the Committees on Ways and Means, Energy and
Commerce, Education and Labor, Rules, the Judiciary,
Agriculture, and Banking, Finance and Urban Affairs.
By Mr. WHEAT (for himself and Mr. Skelton):
H.R. 4551. A bill to designate the post office building
located at 301 West Lexington in Independence, MO, as the
``William J. Randall Post Office''; to the Committee on Post
Office and Civil Service.
By Mr. SOLOMON:
H.J. Res. 373. Joint resolution disapproving the extension
of nondiscriminatory treatment--most-favored-nation
treatment--to the products of the People's Republic of China;
to the Committee on Ways and Means.
By Mr. REYNOLDS:
H. Res. 448. Resolution amending the Code of Official
Conduct of the Rules of the House of Representatives to
require the temporary step aside of a chairman or ranking
minority party member who is indicted; to the Committee on
Standards of Official Conduct.
Para. 58.35 memorials
Under clause 4 of rule XXII,
404. The SPEAKER presented a memorial of the General
Assembly of the State of Colorado, relative to health care;
which was referred, jointly, to the Committees on Energy and
Commerce and Ways and Means.
Para. 58.36 private bills and resolutions
Under clause 1 of rule XXII,
Mr. ROMERO-BARCELO introduced a bill (H.R. 4552) to
authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Rendezvous;
which was referred to the Committee on Merchant Marine and
Fisheries.
Para. 58.37 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 40: Mrs. Meek of Florida, Mr. Mineta, and Mrs.
Morella.
H.R. 68: Mr. Sanders.
H.R. 115: Mr. Nadler.
H.R. 140: Mr. Mica, Mr. Hayes, and Mr. Sisisky.
H.R. 167: Mr. Engel.
H.R. 300: Mr. Canady.
H.R. 304: Mr. Coble.
H.R. 476: Mr. Richardson.
H.R. 524: Mr. Shays.
H.R. 702: Mr. Hochbrueckner, Mr. Traficant, and Mr.
Ramstad.
H.R. 786: Mr. Bilirakis.
H.R. 896: Mr. DeLay.
H.R. 911: Mr. Cramer, Mr. Calvert, Mr. Spratt, and Ms.
Velazquez.
H.R. 1055: Mr. Smith of New Jersey.
H.R. 1103: Mr. Wise.
H.R. 1277: Mr. Goss.
H.R. 1442: Mr. Regula, Mr. Zimmer, and Mr. Engel.
H.R. 1487: Mr. Paxon.
H.R. 1532: Ms. English of Arizona, Mr. Miller of Florida,
and Mr. Cooper.
H.R. 1595: Mr. Barrett of Nebraska.
H.R. 1843: Mr. Hutchinson.
H.R. 1860: Mr. Paxon.
H.R. 1897: Mr. Ackerman and Mr. Borski.
H.R. 2053: Mr. Paxon.
H.R. 2132: Mr. McDermott.
H.R. 2199: Mr. Torkildsen.
H.R. 2375: Mr. Richardson.
H.R. 2420: Ms. Collins of Michigan, Mr. Darden, and Mr.
Engel.
H.R. 2460: Mr. de la Garza and Mr. Lancaster.
H.R. 2603: Mr. Payne of Virginia.
H.R. 2672: Mr. Franks of Connecticut.
H.R. 2829: Ms. Pelosi, Mr. Abercrombie, Mr. Washington,
Mrs. Thurman, Mr. Thompson, Ms. Norton, Mr. Lewis of Georgia,
Mr. Upton, Mr. Kildee, Mr. Gutierrez, Mr. Towns, Ms.
Slaughter, and Mr. Engel.
H.R. 2830: Mr. Lantos.
H.R. 2831: Ms. Norton.
H.R. 2862: Mr. Buyer.
H.R. 2866: Mr. Zimmer, Mr. Levin, and Mr. Valentine.
H.R. 2898: Mr. Bonior.
H.R. 2929: Mr. Combest.
H.R. 3261: Mr. Blute and Mr. Ewing.
H.R. 3269: Mr. Murphy, Ms. Waters, Mr. Andrews of Texas,
Mr. Wynn, Mr. Zeliff, Mr. Cooper, Mr. Clinger, and Mr.
Bilbray.
H.R. 3288: Mr. Upton.
H.R. 3293: Mr. Bilirakis, Mr. Gilman, Mr. Bliley, and Mr.
Torkildsen.
H.R. 3434: Ms. Norton.
H.R. 3480: Mr. Andrews of New Jersey, Mr. Bachus of
Alabama, Mr. Burton of Indiana, Mr. Chapman, Mr. Dellums, Mr.
Edwards of California, Mr. Pete Geren of Texas, Mr. Goss, Mr.
Hefley, Mr. Knollenberg, Mr. Mineta, Mr. Pastor, Mr. Smith of
Texas, Mr. Sundquist, Mr. Tanner, Mr. Volkmer, Mr. Walker,
Mr. Washington, Mr. Wise, and Mr. Young of Alaska.
H.R. 3486: Mr. Linder, Mr. Bilbray, Mr. Quinn, and Mr.
Sarpalius.
H.R. 3492: Mr. Collins of Georgia, and Mr. Darden.
H.R. 3630: Mr. Borski and Mr. Frank of Massachusetts.
H.R. 3660: Ms. DeLauro.
H.R. 3685: Mrs. Meyers of Kansas.
H.R. 3744: Mrs. Meyers of Kansas.
H.R. 3765: Mrs. Unsoeld.
H.R. 3787: Mr. Paxon.
H.R. 3790: Mr. Grams.
H.R. 3843: Mr. Klink.
H.R. 3844: Mr. Klink.
H.R. 3849: Mrs. Meyers of Kansas.
H.R. 3860: Mrs. Vucanovich.
H.R. 3871: Mr. Emerson, Mr. Bunning, Mr. Rahall, Mrs.
Meyers of Kansas, Mr. Doolittle, and Mr. Sundquist.
H.R. 3895: Mr. Istook.
H.R. 3900: Mr. Kopetski.
H.R. 3951: Mr. Richardson, Mr. Bishop, Mr. Crapo, and Mr.
Callahan.
H.R. 3955: Mr. Jacobs and Mr. Gilchrest.
H.R. 3973: Mr. Wynn.
H.R. 4050: Mr. Rangel, Mr. Neal of Massachusetts, Mr.
Blackwell, Mr. Towns, Mr. Dicks, Mr. Frost, Mr. Lipinski, Mr.
McCloskey, Mrs. Meek of Florida, Mr. Olver, Mr. Schumer, and
Mr. Watt.
H.R. 4051: Mr. Engel, Mr. Filner, and Mrs. Unsoeld.
H.R. 4062: Miss. Collins of Michigan, Mr. Rush, Mr.
Gutierrez, Mr. Engel, and Mrs. Meek of Florida.
H.R. 4086: Mrs. Mink of Hawaii, Mr. Serrano, Mr. Filner,
Mr. Hughes, Mr. Becerra, Mr. Hilliard, Mr. Owens, Mr.
Jefferson, Mr. Engel, Mr. Frost, Ms. Velazquez, and Mr. Wynn.
H.R. 4091: Mr. Meehan and Mr. Berman.
H.R. 4114: Mrs. Mink of Hawaii, Mr. Fazio, Mr. Gutierrez,
Mr. Hall of Ohio, Mrs. Lowey, Mr. Nadler, Mr. Pastor, Ms.
Roybal-Allard, Mr. Synar, Ms. Woolsey, Mr. Fingerhut, Mr.
Pallone, Mr. Gilman, and Mr. Traficant.
H.R. 4150: Mr. Franks of Connecticut.
H.R. 4189: Mr. McHugh.
H.R. 4195: Mr. Kyl, Mr. Frost, and Mr. Dellums.
H.R. 4211: Mr. Calvert and Mrs. Morella.
H.R. 4212: Mrs. Morella and Mr. Calvert.
H.R. 4215: Mr. Baker of Louisiana.
H.R. 4237: Mr. Reynolds.
H.R. 4257: Mr. Emerson.
H.R. 4288: Mr. Lantos.
H.R. 4315: Mrs. Morella.
H.R. 4343: Mr. McCollum and Mr. Coble.
H.R. 4350: Mr. Livingston.
H.R. 4361: Mrs. Morella.
H.R. 4371: Mr. Gejdenson, Mr. Stupak, Mr. Pickett, and Mr.
Lancaster.
H.R. 4375: Mr. Gene Green of Texas, Mr. Kreidler, Mr.
Olver, Mr. Stokes, and Mrs. Collins of Illinois.
H.R. 4386: Mr. Tejeda, Mr. Stump, Mr. Applegate, Mr. bachus
of Alabama, Mr. Sangmeister, Mr. Jacobs, and Mr. Gonzalez.
H.R. 4399: Mr. Frost, Mr. Ackerman, Mr. Cooper, Mr. Barlow,
Mr. Wheat, Mr. Swift, Mr. Barrett of Wisconsin, Mrs.
Schroeder, and Mr. Murphy.
H.R. 4400: Mrs. Morella.
H.R. 4412: Mr. Bereuter.
[[Page 985]]
H.R. 4413: Mr. Schumer and Mr. Stark.
H.R. 4441: Mr. Canady.
H.R. 4473: Mr. Sensenbrenner.
H.R. 4514: Mr. Matsui.
H.J. Res. 131: Mr. Mazzoli.
H.J. Res. 145: Mr. Gekas, Mr. Taylor of North Carolina, Mr.
Doolittle, and Mr. Stearns.
H.J. Res. 209: Mr. McKeon, Mr. Barcia of Michigan, Mr.
Carr, and Mr. Gejdenson.
H.J. Res. 264: Ms. Woolsey.
H.J. Res. 289: Mr. Mfume, Mr. Bonior, Mr. Laughlin, Mr.
Dixon, Mr. Parker, Mr. Rush, Mr. Watt, Mr. Barrett of
Wisconsin, Mr. Serrano, Mr. Spratt, Mr. Moran, Mr. Pallone,
Ms. Eshoo, Mr. Manton, Mr. Holden, Mr. Sarpalius, Mr.
Clement, Mr. Gonzalez, Mr. Neal of Massachusetts, Mr.
Moakley, Mr. Kasich, Mr. Darden, Mr. Hutto, Mr. Bacchus of
Florida, Mr. Callahan, Mr. Klein, Mr. Gordon, Mr. Mann, Mr.
Hoyer, Mr. Gene Green of Texas, Mr. Richardson, Mr. Cramer,
Mr. Montgomery, Mr. Payne of Virginia, Mr. Rowland, Mr.
Sawyer, Mr. Pickle, Mr. Engel, Mr. Filner, and Mr. Horn.
H.J. Res. 290: Mr. Kasich, Mr. Darden, Mr. Hutto, Mr.
Bacchus of Florida, Mr. Callahan, Mr. Klein, Mr. Gordon, Mr.
Mann, Mr. Hoyer, Mr. Gene Green of Texas, Mr. Richardson, Mr.
Cramer, Mr. Montgomery, Mr. Payne of Virginia, Mr. Rowland,
Mr. Sawyer, Mr. Pickle, Mr. Engel, Mr. Filner, Mr. Horn, Mr.
Mfume, Mr. Bonior, Mr. Laughlin, Mr. Dixon, Mr. Parker, Mr.
Rush, Mr. Watt, Mr. Barrett of Wisconsin, Mr. Serrano, Mr.
Pallone, Mr. Spratt, Mr. Moran, Ms. Eshoo, Mr. Manton, Mr.
Holden, Mr. Sarpalius, Mr. Clement, Mr. Gonzalez, Mr. Neal of
Massachusetts, and Mr. Moakley,
H. J. Res. 356: Mr. Lipinski, Mr. McDermott, Mr. Waxman,
and Ms. Norton.
H.J. Res. 359: Mr. Wilson, Mr. Gutierrez, Mr. Martinez, Mr.
Flake, Mr. Bliley, Ms. Woolsey, Mr. de Lugo, Mr. Cramer, Mr.
Rangel, Mr. Moakley, Mr. Deutsch, Mr. Torkildsen, and Mr.
Gordon.
H. Con. Res. 166: Mr. Hoekstra.
H. Con. Res. 223: Ms. Pelosi, Mrs. Thurman, and Mr. Evans.
H. Con. Res. 243: Mr. Moran, Mr. Swett, Mr. Barrett of
Wisconsin, Mrs. Thurman, Mr. Jefferson, Mr. Foglietta, and
Mr. Hayes.
H. Con. Res. 247: Mr. Pallone, Ms. Eshoo, Mr. Fingerhut,
Mr. Hoke, Mr. Moorhead, Mr. Kennedy, Mr. Ackerman, Ms. Lowey,
and Mr. Frank of Massachusetts.
H. Res. 255: Mr. Goodlatte.
H. Res. 281: Mr. Chapman.
H. Res. 368: Ms. Norton and Mr. Torkildsen.
H. Res. 434: Mr. Mann and Mr. Barrett of Wisconsin.
H. Res. 445: Ms. Cantwell and Mr. Inslee.
H. Res. 446: Ms. Pryce of Ohio, Mr. Santorum, Mr. Hall of
Ohio, Mr. Tanner, Mr. Faleomavaega, Mr. Rogers, Mr. Tauzin,
Mr. Rahall, Mr. Smith of New Jersey, Mr. Gene Green of Texas,
Mr. Hayes, Mr. Taylor of North Carolina, Mr. Fields of Texas,
Mr. Smith of Texas, and Mr. Peterson of Minnesota.
Para. 58.38 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 3261: Mr. Clay.
.
THURSDAY, JUNE 9, 1994 (59)
The House was called to order by the SPEAKER.
Para. 59.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Wednesday, June 8, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 59.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3339. A letter from the Comptroller of the Department of
Defense, transmitting a report of a violation of the Anti-
Deficiency Act which occurred in the Department of the Navy,
pursuant to 31 U.S.C. 1517(b); to the Committee on
Appropriations.
3340. A letter from the Director, Congressional Budget
Office, transmitting a report on participation agreements
between the Uniformed Services Treatment Facilities [USTF's]
and the Department of Defense, pursuant to Public Law 103-
160, section 717(b) (107 Stat. 1693); to the Committee on
Armed Services.
3341. A letter from the Chairman, Board of Governors of the
Federal Reserve System, transmitting the annual report on the
subject of retail fees and services of depository
institutions, pursuant to Public Law 101-73, section 1002(b)
(103 Stat. 508); to the Committee on Banking, Finance and
Urban Affairs.
3342. A letter from the Executive Director, Thrift
Depositor Protection Oversight Board, transmitting a report
on troubled thrift institutions, pursuant to Public Law 102-
18, section 102(a)(3); to the Committee on Banking, Finance,
and Urban Affairs.
3343. A letter from the Auditor, District of Columbia,
transmitting a copy of a report entitled ``Audit of the
Boxing and Wrestling Commission For fiscal years 1991, 1992
and 1993,'' pursuant to D.C. Code, section 47-117(d); to the
Committee on the District of Columbia.
3344. A letter from the Director of Communications and
Legislative Affairs, Equal Employment Opportunity Commission,
transmitting the Commission's fiscal year 1990 annual report
of its activities, pursuant to 42 U.S.C. 2000e-4(e); to the
Committee on Education and Labor.
3345. A letter from the Secretary of Health and Human
Services, transmitting the second report on progress in
achieving the performance goals as it relates to the
collection of user fees related to the process for the review
of human drug applications, pursuant to Public Law 102-571,
section 104(b); to the Committee on Energy and Commerce.
3346. A letter from the Secretary of Health and Human
Services, transmitting the first report on progress in
achieving the performance goals as it relates to the
collection of user fees related to the process for the review
of human drug applications, pursuant to Public Law 102-571,
section 104(a); to the Committee on Energy and Commerce.
3347. A letter from the Chairman, Securities and Exchange
Commission, transmitting the annual report of the Securities
Investor Protection Corporation for the year 1993, pursuant
to 15 U.S.C. 78ggg(c)(2); to the Committee on Energy and
Commerce.
3348. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting copies of the original
report of political contributions by Robert A. Pastor, of
Georgia, to be Ambassador to the Republic of Panama, also by
George Charles Bruno, of New Hampshire, to be Ambassador to
Belize, and Carl Burton Stokes, of Ohio, to be Ambassador to
the Republic of Seychelles, and members of their families,
pursuant to 22 U.S.C. 3944(b)(2); to the Committee on Foreign
Affairs.
3349. A letter from the Acting General Counsel, U.S. Arms
Control and Disarmament Agency, transmitting copies of the
English and Russian texts of 13 implementing agreements
negotiated by the Joint Compliance and Inspection Commission
and 1 implementing agreement negotiated by the Special
Verification Commission; to the Committee on Foreign Affairs.
3350. A letter from the Secretary, Department of Commerce,
transmitting the semiannual report on the activities of the
Department's Office of Inspector General for the period
October 1, 1993, through March 31, 1994, pursuant to Public
Law 95-452, section 5(b) (102 Stat. 2526); to the Committee
on Government Operations.
3351. A letter from the Director, Information Security
Oversight Office, transmitting a copy of the ISOO`s ``Report
to the President'' for fiscal year 1993; to the Committee on
Government Operations.
3352. A letter from the Chairman, Federal Election
Commission, transmitting the 19th annual report on the
Commission's activities for 1993, pursuant to 2 U.S.C.
438(a)(9); to the Committee on House Administration.
3353. A letter from the Assistant Secretary (Land and
Minerals Management), Department of the Interior,
transmitting the annual report on royalty management and
collection activities for Federal and Indian mineral leases
in 1992 and 1993, pursuant to 30 U.S.C. 237; to the Committee
on Natural Resources.
3354. A letter from the Assistant Attorney General,
Department of Justice, transmitting a draft of proposed
legislation concerning Bureau of Prisons community service
projects; to the Committee on the Judiciary.
3355. A letter from the Colonel, U.S. Army District
Engineer, Department of the Army, transmitting the fiscal
year 1993 annual report of the Chief of Engineers of civil
works activities, Portland, OR, district extract; to the
Committee on Public Works and Transportation.
3356. A letter from the Lt. Colonel, Corps of Engineers
District Engineer, Department of the Army, transmitting
copies of the report of the Secretary of the Army on civil
works activities for fiscal year 1993, Department of the Army
Corps of Engineers extract report of the Walla Walla
District; to the Committee on Public Works and
Transportation.
3357. A letter from the Deputy Secretary of Defense,
transmitting the fifth DOD report on proposed obligations for
facilitating weapons destruction and nonproliferation in the
former Soviet Union, pursuant to 22 U.S.C. 5955; jointly, to
the Committees on Armed Services and Foreign Affairs.
3358. A letter from the Chief Staff Counsel, The U.S. Court
of Appeals for the District of Columbia Circuit, transmitting
a copy of a recently issued opinion; jointly, to the
Committees on Natural Resources and Public Works and
Transportation.
3359. A letter from the Secretary of Health and Human
Services, transmitting a draft of proposed legislation
entitled ``Medicare and Medicaid Data Collection Amendments
of 1994''; jointly, to the Committees on Ways and Means and
Energy and Commerce.
Para. 59.3 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed without amendment a concurrent resolution of
the House of the following title:
H. Con. Res. 238. Concurrent resolution authorizing the use
of the Capitol grounds for the Greater Washington Soap Box
Derby.
The message also announced that the Senate had passed, with
amendments in which the concurrence of the House
[[Page 986]]
is requested, bills of the House of the following titles:
H.R. 3313. An Act to amend title 38, United States Code, to
improve health care services of the Department of Veterans
Affairs relating to women veterans, to extend and expand
authority for the Secretary of Veterans Affairs to provide
priority health care to veterans who were exposed to ionizing
radiation or to Agent Orange, to expand the scope of services
that may be provided to veterans through Vet Centers, and for
other purposes.
H.R. 4013. An Act to amend title 38, United States Code, to
provide the Secretary of Veterans Affairs with necessary
flexibility in staffing the Veterans Health Administration.
The message also announced that the Senate had passed bills of the
following titles, in which the concurrence of the House is requested:
S. 761. An Act to amend the ``unit of general local
government'' definition for Federal payments in lieu of taxes
to include unorganized boroughs in Alaska.
S. 1033. An Act to establish the Shenandoah Valley National
Battlefields and Commission in the Commonwealth of Virginia,
and for other purposes.
Para. 59.4 recess--10:31 a.m.
The SPEAKER pro tempore, Mr. VISCLOSKY, pursuant to clause 12 of rule
I, declared the House in recess at 10 o'clock and 31 minutes a.m.,
subject to the call of the Chair.
Para. 59.5 after recess--10:38 a.m.
The SPEAKER pro tempore, Mr. VISCLOSKY, called the House to order.
Para. 59.6 dod authorization
The SPEAKER pro tempore, Mr. VISCLOSKY, pursuant to House Resolution
431 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the further consideration
of the bill (H.R. 4301) to authorize appropriations for fiscal year 1995
for military activities of the Department of Defense, to prescribe
military personnel strengths for fiscal year 1995, and for other
purposes.
Mr. BARCIA, Acting Chairman, assumed the chair; and after some time
spent therein,
Para. 59.7 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. McCLOSKEY:
Page 308, after line 24, insert the following new title:
Title XII--Bosnia and Herzegovina Self-Defense
SEC. 1201. SHORT TITLE.
This title may be cited as the ``Bosnia and Herzegovina
Self-Defense Act of 1994''.
SEC. 1202. FINDINGS.
The Congress makes the following findings:
(1) For the reasons stated in section 520 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995
(Public Law 103-236), the Congress has found that continued
application of an international arms embargo to the
Government of Bosnia and Herzegovina contravenes that
Government's inherent right of individual or collective self-
defense under Article 51 of the United Nations Charter and
therefore is inconsistent with international law.
(2) Before deploying United States Armed Forces to defend
the territorial integrity and political independence of
Bosnia and Herzegovina, or to enforce United Nations mandates
in Bosnia and Herzegovina, the United States should seek to
permit the Government of Bosnia and Herzegovina to obtain the
means necessary to exercise its inherent right of self-
defense.
SEC. 1203. TERMINATION OF ARMS EMBARGO.
(a) Termination.--The President shall terminate the United
States arms embargo of the Government of Bosnia and
Herzegovina upon receipt from that Government of a request
for assistance in exercising its right of self-defense under
Article 51 of the United Nations Charter.
(b) Definition.--As used in this section, the term ``United
States arms embargo of the Government of Bosnia and
Herzegovina'' means the application to the Government of
Bosnia and Herzegovina of--
(1) the policy adopted July 10, 1991, and published in the
Federal Register of July 19, 1991 (58 F.R. 33322) under the
heading ``Suspension of Munitions Export Licenses to
Yugoslavia''; and
(2) any similar policy being applied by the United States
Government as of the date of receipt of the request described
in subsection (a) pursuant to which approval is denied for
transfers of defense articles and defense services to the
former Yugoslavia.
SEC. 1204. PROVISION OF UNITED STATES MILITARY ASSISTANCE.
(a) Policy.--The President should provide appropriate
military assistance to the Government of Bosnia and
Herzegovina upon receipt from that Government of a request
for assistance in exercising its right of self-defense under
Article 51 of the United Nations Charter.
(b) Authorization of Military Assistance.--
(1) Drawdown authority.--If the Government of Bosnia and
Herzegovina requests United States assistance in exercising
its right of self-defense under Article 51 of the United
Nations Charter, the President is authorized to direct the
drawdown of defense articles from the stocks of the
Department of Defense, defense services of the Department of
Defense, and military education and training in order to
provide assistance to the Government of Bosnia and
Herzegovina. Such assistance shall be provided on such terms
and conditions as the President may determine.
(2) Limitation on value of transfers.--The aggregate value
(as defined in section 664(m) of the Foreign Assistance Act
of 1961) of defense articles, defense services, and military
education and training provided under this subsection may not
exceed $200,000,000.
(3) Expiration of authorization.--The authority provides to
the President in paragraph (1) expires at the end of fiscal
year 1995.
(4) Limitation on activities.--Members of the United States
Armed Forces who perform defense services or provide military
education and training outside the United States under this
subsection may not perform any duties of a combatant nature,
including any duties related to training and advising that
may engage them in combat activities.
(5) Reports to congress.--Within 60 days after any exercise
of the authority of paragraph (1) and every 60 days
thereafter, the President shall report in writing to the
Speaker of the House of Representatives and the President pro
tempore of the Senate concerning the defense articles,
defense services, and military education and training being
provided and the use made of such articles, services, and
education and training.
(6) Reimbursement.--(A) Defense articles, defense services,
and military education and training provided under this
subsection shall be made available without reimbursement to
the Department of Defense except to the extent that funds are
appropriated pursuant to subparagraph (B).
(B) There are authorized to be appropriated to the
President such sums as may be necessary to reimburse the
applicable appropriation, fund, or account for the value (as
defined in section 664(m) of the Foreign Assistance Act of
1961) of defense articles, defense services, or military
education and training provided under this subsection.
It was decided in the
Yeas
244
<3-line {>
affirmative
Nays
178
Para. 59.8 [Roll No. 222]
AYES--244
Abercrombie
Ackerman
Allard
Andrews (NJ)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Becerra
Beilenson
Bereuter
Berman
Bilbray
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Boucher
Brown (OH)
Bryant
Bunning
Burton
Byrne
Callahan
Calvert
Camp
Cardin
Carr
Castle
Clayton
Clyburn
Coble
Coleman
Collins (GA)
Coppersmith
Costello
Cox
Coyne
Crapo
Danner
de la Garza
de Lugo (VI)
DeLauro
Diaz-Balart
Dickey
Dingell
Dooley
Doolittle
Dornan
Dreier
Dunn
Engel
English
Everett
Ewing
Fawell
Fazio
Fields (LA)
Fingerhut
Fish
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Gallegly
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goss
Grams
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hansen
Hastings
Hayes
Hobson
Hoekstra
Hoke
Holden
Horn
Hoyer
Hunter
Hutchinson
Hyde
Inhofe
Istook
Johnson, E. B.
Kaptur
Kasich
Kennelly
Kim
King
Kingston
Klein
Klink
Klug
Kolbe
Kyl
LaFalce
Lambert
Lancaster
Lantos
Laughlin
Lazio
Leach
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
Livingston
Long
Lowey
Lucas
Machtley
Maloney
Manton
Margolies-Mezvinsky
Markey
Martinez
McCandless
McCloskey
McCurdy
McDermott
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meehan
Menendez
Meyers
Mfume
Mica
Miller (FL)
Mink
Molinari
Mollohan
Moorhead
Moran
Myers
Nadler
Neal (MA)
Neal (NC)
Obey
Olver
Ortiz
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Peterson (MN)
Pickett
Pickle
Pombo
Porter
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rush
Santorum
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schumer
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Skeen
Slattery
Slaughter
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spratt
Stearns
Stenholm
Stump
Swett
Swift
Talent
Tanner
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thurman
Torricelli
Traficant
Upton
[[Page 987]]
Vento
Volkmer
Walker
Walsh
Waters
Weldon
Wheat
Wilson
Wolf
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--178
Andrews (ME)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Barca
Barrett (WI)
Bateman
Bentley
Bevill
Bilirakis
Bishop
Blackwell
Borski
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Buyer
Canady
Cantwell
Chapman
Clay
Clement
Clinger
Collins (IL)
Combest
Condit
Conyers
Cooper
Cramer
Crane
Cunningham
Darden
Deal
DeFazio
DeLay
Dellums
Derrick
Deutsch
Dicks
Dixon
Duncan
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Eshoo
Evans
Farr
Fields (TX)
Filner
Flake
Fowler
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Goodling
Gordon
Green
Hall (TX)
Hamburg
Hamilton
Hancock
Harman
Hastert
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hochbrueckner
Houghton
Hughes
Hutto
Inglis
Inslee
Jacobs
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Johnston
Kanjorski
Kennedy
Kildee
Kleczka
Knollenberg
Kreidler
LaRocco
Lehman
Lightfoot
Lloyd
Mann
Manzullo
Matsui
Mazzoli
McCollum
McCrery
McDade
McKinney
Meek
Michel
Miller (CA)
Mineta
Minge
Moakley
Montgomery
Murphy
Murtha
Norton (DC)
Nussle
Oberstar
Orton
Payne (VA)
Pelosi
Penny
Peterson (FL)
Petri
Pomeroy
Poshard
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Sabo
Sanders
Sangmeister
Sarpalius
Schroeder
Scott
Shepherd
Shuster
Sisisky
Skaggs
Skelton
Smith (IA)
Smith (MI)
Smith (OR)
Spence
Stark
Stokes
Strickland
Studds
Stupak
Synar
Taylor (MS)
Thornton
Torkildsen
Torres
Underwood (GU)
Unsoeld
Valentine
Velazquez
Visclosky
Vucanovich
Watt
Waxman
Williams
Wise
Woolsey
Wyden
NOT VOTING--17
Barlow
Collins (MI)
Faleomavaega (AS)
Foglietta
Grandy
Huffington
Jefferson
Kopetski
Morella
Portman
Royce
Sundquist
Tauzin
Towns
Tucker
Washington
Whitten
So the amendment was agreed to.
After some further time,
Para. 59.9 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. HAMILTON:
Page 308, after line 24, add the following:
TITLE XII--PEACE IN BOSNIA
SEC. 1201. PURPOSE OF UNITED STATES EFFORTS.
The focus of United States bilateral and multilateral
economic, political, military, and diplomatic efforts should
be to move all parties toward a negotiated peaceful
settlement of the conflict in Bosnia-Herzegovina that
provides for a viable Bosnian state.
SEC. 1202. MEASURES TO ENHANCE THE DEFENSE OF BOSNIA.
(a) Renewed and Additional United Nations and Allied
Actions.--The President, working with the North Atlantic
Treaty Organization (NATO) and the United Nations Security
Council and pursuant to the Security Council's authority to
adopt measures for the maintenance and restoration of
international peace and security, should take such steps as
are necessary to enhance the ability of the people of Bosnia
to contribute effectively to their defense, including by--
(1) continued collective enforcement actions carried out in
connection with NATO; and
(2) securing additional authorization to enhance Bosnian
self-defense, which may include suspension of, or a limited
exception to, the international arms embargo with respect to
Bosnia-Herzegovina.
(b) Consultations.--After consulting with permanent members
of the United Nations Security Council on the status of
current NATO and United Nations efforts to achieve the
purposes described in section 1201 and further measures that
might be taken to achieve these purposes, the President
should:
(1) advise the Congress on the measures taken by the United
Nations Security Council to maintain international peace and
security within the meaning of Article 51 of the United
Nations Charter with respect to Bosnia-Herzegovina; and
(2) consult with the Congress on the further actions that
would be useful to address the serious situation prevailing
in Bosnia-Herzegovina.
It was decided in the
Yeas
181
<3-line {>
negative
Nays
242
Para. 59.10 [Roll No. 223]
AYES--181
Abercrombie
Andrews (ME)
Andrews (TX)
Applegate
Armey
Bacchus (FL)
Baesler
Baker (CA)
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Bentley
Bevill
Bilirakis
Blackwell
Borski
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Buyer
Canady
Cantwell
Chapman
Clay
Clement
Clinger
Collins (IL)
Combest
Conyers
Cooper
Cramer
Cunningham
Darden
Deal
DeFazio
Dellums
Derrick
Deutsch
Dicks
Dixon
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Evans
Farr
Fields (LA)
Filner
Ford (MI)
Fowler
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Goodling
Gordon
Green
Hall (TX)
Hamburg
Hamilton
Hancock
Hastert
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hochbrueckner
Houghton
Hughes
Hutto
Inglis
Inslee
Jacobs
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kennedy
Kildee
Kleczka
Kreidler
LaFalce
Lambert
LaRocco
Leach
Lehman
Lewis (FL)
Lightfoot
Lloyd
Long
Mann
Manzullo
Matsui
Mazzoli
McCollum
McCrery
McDade
McKinney
Miller (CA)
Mineta
Minge
Mink
Moakley
Montgomery
Murphy
Murtha
Norton (DC)
Nussle
Oberstar
Orton
Payne (NJ)
Payne (VA)
Penny
Peterson (FL)
Petri
Pomeroy
Poshard
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schroeder
Scott
Shepherd
Shuster
Sisisky
Skaggs
Skelton
Smith (IA)
Smith (MI)
Smith (OR)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Synar
Tanner
Taylor (MS)
Thornton
Torkildsen
Torres
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Vucanovich
Waters
Watt
Waxman
Whitten
Williams
Wise
Woolsey
Wyden
Yates
NOES--242
Ackerman
Allard
Andrews (NJ)
Archer
Bachus (AL)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Becerra
Beilenson
Bereuter
Berman
Bilbray
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Brown (OH)
Bryant
Bunning
Burton
Byrne
Callahan
Calvert
Camp
Cardin
Carr
Castle
Clayton
Clyburn
Coble
Coleman
Collins (GA)
Coppersmith
Costello
Cox
Coyne
Crane
Crapo
Danner
de la Garza
de Lugo (VI)
DeLauro
DeLay
Diaz-Balart
Dickey
Dingell
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Engel
English
Eshoo
Everett
Ewing
Fawell
Fazio
Fields (TX)
Fingerhut
Fish
Flake
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Gallegly
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goss
Grams
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hansen
Harman
Hastings
Hayes
Hobson
Hoekstra
Hoke
Holden
Horn
Hoyer
Hunter
Hutchinson
Hyde
Inhofe
Istook
Johnson, E. B.
Kasich
Kennelly
Kim
King
Kingston
Klein
Klink
Klug
Knollenberg
Kolbe
Kyl
Lancaster
Lantos
Laughlin
Lazio
Levin
Levy
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
Livingston
Lowey
Lucas
Machtley
Maloney
Manton
Margolies-Mezvinsky
Markey
Martinez
McCandless
McCloskey
McCurdy
McDermott
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (FL)
Molinari
Mollohan
Moorhead
Moran
Morella
Myers
Nadler
Neal (MA)
Neal (NC)
Obey
Olver
Ortiz
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Pelosi
Peterson (MN)
Pickett
Pickle
Pombo
Porter
Portman
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rush
Santorum
Saxton
Schaefer
Schenk
Schiff
Schumer
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Skeen
Slaughter
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Swett
Swift
Talent
Tauzin
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thurman
Torricelli
Traficant
Upton
Volkmer
Walker
Walsh
Weldon
Wheat
Wilson
Wolf
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--16
Boucher
Collins (MI)
Condit
Faleomavaega (AS)
Foglietta
Grandy
Hefley
Huffington
[[Page 988]]
Jefferson
Kopetski
Royce
Slattery
Sundquist
Towns
Tucker
Washington
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. MAZZOLI, assumed the Chair.
When Mrs. KENNELLY, Acting Chairman, pursuant to House Resolution 431,
reported the bill back to the House with an amendment adopted by the
Committee.
The previous question having been ordered by said resolution.
Mr. DELLUMS demanded a separate vote on the amendment on page 277,
line 2 (the Goss amendment).
The question being put, viva voce,
Will the House agree to the following amendment on which a separate
vote had been demanded?
At the end of title X (page 277, after line 2), add the
following:
SEC. 1038. UNITED STATES POLICY ON HAITI.
(a) Findings.--The Congress finds that--
(1) the 1990 presidential election in Haiti was deemed to
be both free and democratic;
(2) a military coup toppled the duly elected government in
1991;
(3) the process to restore democratic rule in Haiti agreed
to at Governor's Island has stalled;
(4) the economic crisis in Haiti is worsening; and
(5) the people of Haiti are preparing in mass numbers to
leave their country to seek economic and political refuge
overseas.
(b) Sense of Congress.--It is the sense of Congress--
(1) that the United States should not undertake any
military action directed against the mainland of Haiti unless
the President first certifies to Congress that a clear and
present danger to citizens of the United States or United
States interests requires such action; and
(2) that the United States should work with the
Organization of American States and the United Nations--
(A) to establish a temporary safe haven on the Haitian
island of Ile de la Gonave for Haitian refugees escaping
economic and political hardship on the mainland of Haiti;
(B) to assist in providing humanitarian assistance and visa
processing for such refugees in such safe haven; and
(C) to assist the legitimate Haitian government in
establishing the long-term stability of democracy in Haiti.
The SPEAKER pro tempore, Mr. MAZZOLI, announced that the nays had it.
Mr. KYL demanded a recorded vote on agreeing to said amendment, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
195
<3-line {>
negative
Nays
226
Para. 59.11 [Roll No. 224]
AYES--195
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Beilenson
Bentley
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Boucher
Brewster
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cooper
Coppersmith
Cox
Crane
Crapo
Cunningham
Danner
Darden
Deal
DeLay
Dickey
Dingell
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson (GA)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McCurdy
McDade
McHugh
McInnis
McKeon
McMillan
McNulty
Meyers
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Paxon
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Roth
Roukema
Rowland
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Talent
Tanner
Tauzin
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Valentine
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--226
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Berman
Bevill
Bishop
Blackwell
Bonior
Borski
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Condit
Conyers
Costello
Coyne
Cramer
de la Garza
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jacobs
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klink
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
Meehan
Meek
Menendez
Mfume
Mica
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Ros-Lehtinen
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Traficant
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--13
Collins (MI)
Foglietta
Grandy
Huffington
Jefferson
Klein
Kopetski
Royce
Slattery
Sundquist
Towns
Tucker
Washington
So the amendment was not agreed to.
The following amendment was then agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 1995''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Divisions.--This Act is organized into three divisions
as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Reserve components.
Sec. 107. Chemical demilitarization program.
Subtitle B--Army Programs
Sec. 111. Procurement of helicopters.
Subtitle C--Navy Programs
Sec. 121. Termination of Navy F-14A/B upgrade program.
Sec. 122. Limitation on acquisition of guidance systems for Trident II
missiles.
Sec. 123. Prohibition on Trident II backfit.
Sec. 124. Inclusion of conversion of vessels in Fast Sealift Program.
[[Page 989]]
Sec. 125. Limitation on cost of Seawolf submarine program.
Sec. 126. Limitation on procurement of TAGS vessels.
Sec. 127. Advanced Capability (ADCAP) modification program for the MK-
48 torpedo.
Subtitle D--Air Force Programs
Sec. 131. Intertheater airlift programs.
Sec. 132. B-2 bomber program cost limitation.
Sec. 133. Bomber force upgrade program.
Sec. 134. Evaluation of restart of C-5B aircraft procurement.
Subtitle E--Defense-Wide Activities
Sec. 141. Ballistic missile early warning programs.
Subtitle F--National Defense Sealift Fund
Sec. 161. Prohibition of transfer of fiscal year 1994 funds to CVN-76
construction.
Sec. 162. Fiscal year 1995 National Defense Sealift fund program.
Sec. 163. Transfer of excess amount to BRAC III account.
Sec. 164. Fiscal year 1994 unauthorized sealift appropriation defined.
Sec. 165. Operation of sealift vessels for which assistance is provided
through National Defense Sealift Fund.
Subtitle G--Other Matters
Sec. 171. Transfer of USNS Maury.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic research and exploratory development.
Sec. 203. Taconite processing technology.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Space launch modernization.
Sec. 212. Standoff air-to-surface munitions technology demonstration.
Sec. 213. Extension of prohibition on testing Mid-Infrared Advanced
Chemical Laser against an object in space.
Sec. 214. Applicability of certain electronic combat systems testing
requirements.
Sec. 215. Advanced Self Protection Jammer (ASPJ) program.
Sec. 216. Advanced lithography program.
Sec. 217. Federally funded research and development centers.
Sec. 218. Defense experimental program to stimulate competitive
research.
Sec. 219. Digital battlefield program.
Sec. 220. Mobile Off-Shore Base and Landing Ship Quay Causeway program.
Sec. 221. Arrow/ACES program.
Sec. 222. Army helicopter engine upgrade program.
Sec. 223. Research and development for strategic metals.
Subtitle C--Missile Defense Programs
Sec. 231. Ballistic Missile Defense Organization budget presentation.
Sec. 232. Theater Missile Defense programs.
Sec. 233. Theater Missile Defense risk reduction activities.
Sec. 234. Military satellite communications.
Sec. 235. Limitation on flight tests of certain missiles.
Sec. 236. Compliance with the ABM Treaty.
Subtitle D--Women's Health Research
Sec. 241. Defense women's health research program.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Defense Business Operations Fund.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Funds for depot-level maintenance and repair work.
Sec. 305. Support for the 1996 Olympics.
Sec. 306. Funds for clearing landmines.
Sec. 307. Support for the 1995 Special Olympics World Games.
Subtitle B--Limitations
Sec. 311. Reports and limitation on transfer of certain operation and
maintenance funds.
Sec. 312. Limitation on retention of morale, welfare, and recreation
funds by military installations.
Sec. 313. Prohibition on use of appropriated funds for operation of
Armed Forces Recreation Center, Europe.
Sec. 314. Limitation on use of specifications for procurement of
subsistence items.
Subtitle C--Depot-Level Activities
Sec. 321. Findings.
Sec. 322. Modification of limitation on performance of depot-level
maintenance.
Sec. 323. Limitation on the performance of depot-level maintenance of
materiel for new weapon systems.
Sec. 324. Audits to monitor cost growth of contracts to perform depot-
level maintenance and repair.
Sec. 325. Consideration of costs of closing Department of Defense
depots in certain cost comparisons.
Sec. 326. Authority for depot-level activities of the Department of
Defense to compete for maintenance and repair workloads
of other Federal agencies.
Sec. 327. Authority of depots to provide services outside of the
Department of Defense.
Sec. 328. Maintenance of sufficient depot-level facilities, activities,
and employees of the Department of Defense.
Sec. 329. Reutilization initiative for depot-level activities.
Subtitle D--Defense Business Operations Fund
Sec. 341. Oversight of Defense Business Operations Fund.
Sec. 342. Review by Comptroller General of charges imposed by Defense
Business Operations Fund.
Subtitle E--Department of Defense Domestic and Overseas Schools
Sec. 351. Reauthorization of Department of Defense domestic elementary
and secondary schools for military dependents.
Sec. 352. Survey and pilot program for the transfer of Department of
Defense domestic dependent elementary and secondary
schools to appropriate local educational agencies.
Sec. 353. Report on calculation and recovery of tuition costs of
certain students enrolled in schools of the defense
dependents' education system.
Sec. 354. Authority to accept gifts for Department of Defense domestic
elementary and secondary schools.
Subtitle F--Other Matters
Sec. 361. Modification of fees paid by residents of Armed Forces
Retirement Home.
Sec. 362. National Guard youth program.
Sec. 363. Department of Defense food inventory program.
Sec. 364. Department of Defense special supplemental food program.
Sec. 365. Transportation of the remains of deceased retired members who
die outside of the United States.
Sec. 366. Authority to transport the remains of certain deceased
veterans on Department of Defense aeromedical evacuation
aircraft.
Sec. 367. Modification of Air Force support for the Civil Air Patrol.
Sec. 368. Review and report on use of operations and maintenance funds
by the Department of Defense.
Sec. 369. Requirement of comparative report on operations and
maintenance funding.
Sec. 370. Automated data processing programs of the Department of
Defense.
Sec. 371. Review by Defense Inspector General of cost growth in certain
contracts.
Sec. 372. Cost comparison studies for contracts for advisory and
assistance services.
Sec. 373. Requirement and plan for converting performance of certain
positions to performance by Department of Defense
employees.
Sec. 374. Use of service contract funds for separation incentive
programs for Department of Defense employees.
Sec. 375. Non-Federal employment incentive pilot program.
Sec. 376. Uniform health benefits program for employees of the
Department of Defense assigned to nonappropriated fund
instrumentalities.
Sec. 377. Operation of military exchange and commissary store at Naval
Air Station Fort Worth, Joint Reserve Center, Carswell
Field.
Sec. 378. Ships' stores.
Sec. 379. Program to commemorate World War II.
Sec. 380. One-year extension of certain programs.
Sec. 381. Clarification and codification of overseas military end
strength limitation.
Sec. 382. Authority to issue military identification cards to so-called
honorary retirees of the Naval and Marine Corps Reserves.
Sec. 383. Modification of statute of limitations for certain claims for
personal property damage or loss.
Sec. 384. Operation of overseas facilities of the Department of Defense
by United States firms.
Sec. 385. Exclusion of certain troops in calculation of authorized and
strength for military personnel in Europe.
Sec. 386. Authority to transfer certain excess property to educational
institutions and training schools.
Sec. 387. Priority to States for transfer of nonlethal excess supplies
of the Department of Defense.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Limitation on deployment of divisions constituting Army
contingency force.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the
reserves.
Sec. 413. Active component members to be assigned for training
compatibilty with guard units.
[[Page 990]]
Subtitle C--Military Training Student Loads
Sec. 421. Authorization of training student loads.
Subtitle D--Authorization of Appropriations
Sec. 431. Authorization of appropriations for military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Authority for officers to serve on successive promotion
boards.
Sec. 502. Army field grade officer strength limitations.
Sec. 503. Technical changes to provisions enacted by Warrant Officer
Management Act.
Sec. 504. Navy and Marine Corps limited duty officers.
Sec. 505. Retirement or enlistment of certain limited duty officers of
the Navy and Marine Corps.
Sec. 506. Temporary exclusion of Superintendent of Naval Academy from
counting toward number of senior admirals authorized to
be on active duty.
Sec. 507. Grade of heads of certain professional military education
schools.
Subtitle B--Reserve Component Matters
Sec. 511. Selected Reserve activation authority.
Sec. 512. Reserve general and flag officers on active duty.
Sec. 513. Definition of active guard and reserve duty.
Sec. 514. Repeal of obsolete provisions pertaining to transfer of
regular enlisted members to the Retired Reserve.
Sec. 515. Guard and reserve transition initiatives.
Sec. 516. Semiannual report on separations of active Army officers.
Subtitle C--Other Matters
Sec. 521. Repeal of required reduction in recruiting personnel.
Sec. 522. Coast Guard force reduction transition benefits.
Sec. 523. Extension of Warrant Officer Management Act to Coast Guard.
Sec. 524. Authorized active duty strengths for Army enlisted members in
pay grade E-8.
Sec. 525. Reimbursement for certain losses of household effects during
PCS moves.
Sec. 526. Victims' advocates programs in Department of Defense.
Sec. 527. Prohibition of retaliatory actions against members of the
Armed Forces making allegations of sexual harassment or
unlawful discrimination.
Sec. 528. Annual report on personnel readiness.
Sec. 529. Programs related to Desert Storm mystery illness.
Sec. 530. Upgrade of Armed Forces Staff College wargaming and other
capabilities.
Sec. 531. Prohibition on imposition of additional charges or fees for
attendance at certain academies.
Sec. 532. Authorization for instruction of civilian students at Foreign
Language Center of the Defense Language Institute.
Sec. 533. Sense of Congress concerning appropriate Department of
Defense force structure through 1997.
Sec. 534. Discharge of members who are permanently nonworldwide
assignable.
Sec. 535. Military recruiting on campus.
Sec. 536. Survey on the state of race and ethnic issues in the
military.
Sec. 537. Request for posthumous commissioning in the Army of two
African Americans discharged from West Point due to
racial prejudice during post-Civil War period.
Sec. 538. Detail of Department of Defense personnel to assist
Immigration and Naturalization Service, Border Patrol and
Customs Service.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1995.
Sec. 602. Cost-of-living allowance for members of the uniformed
services assigned to high cost areas in the continental
United States.
Sec. 603. Increase in subsistence allowance payable to members of
Senior Reserve Officers' Training Corps.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Increase in authorized incentive special pay for certified
registered nurse anesthetists.
Sec. 612. Extension of authority for payment of aviation officer
retention bonus
Subtitle C--Travel and Transportation Allowances
Sec. 621. Change in provision of transportation incident to personal
emergencies for members stationed outside the continental
United States.
Sec. 622. Clarification of travel and transportation allowance of
family members incident to the serious illness or injury
of members.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 631. Elimination of disparity between effective dates for military
and civilian retiree cost-of-living adjustments for
fiscal year 1995.
Sec. 632. Clarification of calculation of retired pay for officers who
retire in a grade lower than the grade held at
retirement.
Sec. 633. Crediting of reserve service of enlisted members for
computation of retired pay.
Sec. 634. Minimum required reserve service for eligibility for retired
pay for nonregular service during force drawdown period.
Sec. 635. SBP premiums for reserve-component child-only coverage.
Sec. 636. Discontinuation of insurable interest coverage under survivor
benefit plan.
Subtitle E--Other Matters
Sec. 641. Authority for survivors to receive payment for all leave
accrued by deceased members.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
Sec. 701. Revision of definition of dependents to include young people
being adopted by members or former members.
Sec. 702. Treatment of certain dependents as children for purposes of
CHAMPUS, dependents' dental program, and continued health
benefits coverage.
Sec. 703. Authorization for medical and dental care of abused
dependents of certain members.
Sec. 704. Additional authorized health care service available through
military health care system.
Subtitle B--Changes to Existing Laws Regarding Health Care Management
Sec. 711. Expanded use of partnership and resource sharing programs for
improved cost-effectiveness.
Sec. 712. Imposition of enrollment fees for managed care plans.
Sec. 713. Strengthening managed health care authorities.
Sec. 714. Delay in deadline for use of health maintenance organization
model as option for military health care.
Sec. 715. Limitation on reduction in number of reserve component
medical personnel.
Subtitle C--Other Matters
Sec. 721. Delay in closure of army hospital at Vicenza, Italy.
Sec. 722. Demonstration program for admission of civilians as physician
assistant students at Academy of Health Sciences, Fort
Sam Houston, Texas.
Sec. 723. Report on expanded use of nonavailability of health care
statements.
Sec. 724. Sense of Congress on continuity of health care services for
covered beneficiaries in certain areas affected by base
closures.
Sec. 725. Oral typhoid vaccine inventory of Department of Defense.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Assistance Programs
Sec. 801. Procurement technical assistance programs.
Subtitle B--Acquisition Improvement
Part I--General Improvements
Sec. 811. Congressional defense procurement policy.
Sec. 812. Repeal of requirement relating to production special tooling
and production special test equipment.
Sec. 813. Repeal of vouchering procedures section.
Sec. 814. Clarification of provision relating to quality control of
certain spare parts.
Sec. 815. Contractor guarantees regarding weapon systems.
Part II--Major Systems Statutes
Sec. 821. Weapon development and procurement schedules.
Sec. 822. Selected Acquisition Report requirement.
Sec. 823. Unit cost report requirement.
Sec. 824. Requirement for independent cost estimates and manpower
estimates before development or production.
Sec. 825. Baseline description.
Sec. 826. Repeal of requirement for competitive prototyping in major
programs.
Sec. 827. Repeal of requirement for competitive alternative sources in
major programs.
Part III--Testing Statutes
Sec. 831. Authorization of less than full-up testing.
Sec. 832. Limitation on quantities to be procured for low-rate initial
production.
Sec. 833. Operational test and evaluation of defense acquisition
programs.
Part IV--Civil Reserve Air Fleet
Sec. 841. Definition of contractor.
Sec. 842. Consolidation of provisions relating to contractual
commitment of aircraft.
[[Page 991]]
Sec. 843. Use of military installations by contractors.
Part V--Miscellaneous
Sec. 851. Regulations on procurement, production, warehousing, and
supply distribution functions.
Sec. 852. Repeal of requirements regarding product evaluation
activities.
Sec. 853. Codification and revision of limitation on lease of vessels,
aircraft, and vehicles.
Sec. 854. Repeal of application of Public Contracts Act to certain
Naval vessel contracts.
Sec. 855. Consolidation of limitations on procurement of goods other
than American goods.
Sec. 856. Department of Defense acquisition of intellectual property
rights.
Sec. 857. Department of Defense review of antitrust cases with national
security implications.
Sec. 858. Extension of test program for negotiation of comprehensive
small business subcontracting plans.
Subtitle C--Other Matters
Sec. 871. Environmental consequence analysis of major defense
acquisition programs.
Sec. 872. Award of contracts and grants on the basis of competition.
Sec. 873. Shipbuilding claims.
Sec. 874. Demonstration project on purchase of fire, security, police,
public works, and utility services from local government
agencies.
Sec. 875. Defense acquisition pilot program.
Sec. 876. Preference for local residents.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANGAGEMENT
Sec. 901. Revision of National Guard Bureau charter.
Sec. 902. Army Reserve Command.
Sec. 903. Assignment of reserve forces to combatant commands.
Sec. 904. Budget support for reserve elements of Special Operations
Command.
Sec. 905. Change of title of Comptroller of the Department of Defense
to Under Secretary of Defense (Comptroller).
Sec. 906. Reclarification of independent status of Director of
Operational Test and Evaluation.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Clarification of scope of authorizations.
Sec. 1003. Incorporation of classified annex.
Sec. 1004. Date for submission of future-years mission budget.
Sec. 1005. Identification and reporting of unauthorized appropriations.
Subtitle B--Counter-Drug Activities
Sec. 1011. Department of Defense support for counter-drug activities of
other agencies.
Subtitle C--Contingency Operations
Sec. 1021. Funding for contingency operations.
Sec. 1022. Extension of authority to enter into certain cooperative
agreement authorities to include the United Nations and
regional organizations of which the United States is a
member.
Sec. 1023. Overseas Humanitarian, Disaster, and Civic Aid.
Sec. 1024. Disaster relief.
Sec. 1025. Humanitarian assistance program for clearing landmines.
Subtitle D--Other Matters
Sec. 1031. Annual report on denial, revocation, and suspension of
security clearances.
Sec. 1032. Commission on Roles and Missions of the Armed Forces.
Sec. 1033. Prohibition on authorization of payment of costs under
defense contracts for restructuring costs of a merger or
acquisition.
Sec. 1034. Transfer of certain B-17G aircraft.
Sec. 1035. USS Indianapolis (CA-35): gallantry, sacrifice and a
decisive mission to end WW II.
Sec. 1036. Sense of Congress concerning commendation of individuals
exposed to mustard agents during World War II testing
activities.
Sec. 1037. Sense of Congress concerning eligibility for Armed Forces
Expeditionary Medal based upon service in El Salvador.
Sec. 1038. Military-to-military contact program.
Sec. 1039. Limitation on obligation of funds for overseas basing
activities.
Sec. 1040. Transportation of chemical munitions.
Sec. 1041. Findings and sense of Congress concerning the North Atlantic
Treaty Organization.
Sec. 1042. Report on status of defense random drug testing program.
Sec. 1043. Reduction of United States military forces in Europe.
Sec. 1044. Report on military readiness implications of Bosnia
peacekeeping deployment.
Sec. 1045. Report on lessons learned from United States activities in
Somalia.
Sec. 1046. Sense of Congress concerning safe, secure dismantlement of
Soviet nuclear arsenal.
Sec. 1047. Coordination of military-to-military contact programs.
Sec. 1048. Extension of semiannual report on Cooperative Threat
Reduction programs.
Sec. 1049. Limitation on Cooperative Threat Reduction program relating
to offensive biological weapons program of Russia.
Sec. 1050. Prohibition on use of Department of Defense funds for United
States share of costs of United Nations peacekeeping
operations.
Sec. 1051. Assistance to family members of Korean Conflict POW/MIAs who
remain unaccounted for.
Sec. 1052. Report assessing the regional security consequences of
United States military cooperation programs.
Sec. 1053. Study on use of low-enriched uranium to fuel naval reactors.
Sec. 1054. Sense of Congress concerning Nuclear Nonproliferation Treaty
Review Conference.
Sec. 1055. Assistance for public participation in defense environmental
restoration activities.
Sec. 1056. Authorization to exchange certain items for transportation
services.
Sec. 1057. Authorization for industrial facilities of the Armed Forces
to sell articles and services to persons outside
Department of Defense.
Sec. 1058. Sense of the Congress concerning the North Korean nuclear
weapons development program.
Sec. 1059. Congressional action on negotiation of limitations on
nuclear weapons testing.
Sec. 1060. Sense of Congress and report on readiness of military forces
of the Republic of Korea.
TITLE XI--DEFENSE CONVERSION, REINVESTMENT, AND TRANSITION ASSISTANCE
Sec. 1101. Short title.
Sec. 1102. Funding of defense conversion, reinvestment, and transition
assistance programs for fiscal year 1995.
Subtitle A--Defense Technology and Industrial Base, Defense
Reinvestment, and Defense Conversion
Sec. 1111. Funding of defense technology reinvestment programs for
fiscal year 1995.
Sec. 1112. Clarification of eligible non-Department of Defense
participants in technology reinvestment projects.
Sec. 1113. Additional criteria for loan guarantees under the defense
dual-use assistance extension program.
Sec. 1114. Financial commitment requirements for small business
concerns for participation in technology reinvestment
projects.
Sec. 1115. Conditions on funding of defense technology reinvestment
projects.
Subtitle B--Community Adjustment and Assistance Programs
Sec. 1121. Funds for adjustment and diversification assistance for
States and local governments from Office of Economic
Adjustment.
Sec. 1122. Studies and plans for market diversification.
Sec. 1123. Advance community adjustment and economic diversification
planning.
Subtitle C--Personnel Adjustment, Education, and Training Programs
Sec. 1131. Continuation of teacher and teacher's aide placement
programs.
Sec. 1132. Programs to place separated members and terminated defense
employees in employment positions as public safety
officers.
Sec. 1133. Pilot program to place separated members and terminated
defense employees in teaching positions as bilingual math
and science teachers.
Sec. 1134. Demonstration project to assist separated members and
terminated defense workers to become business owners.
Sec. 1135. Demonstration project to promote ship recycling as a method
to assist separated members and terminated defense
workers.
Sec. 1136. Administration and funding of Defense Diversification
Program and Defense Conversion Adjustment Program under
Job Training Partnership Act.
Sec. 1137. Expansion of personnel adjustment, education, and training
programs to include Coast Guard.
Sec. 1138. Assistance for certain workers dislocated due to reductions
by the United States in the export of defense articles
and services.
Subtitle D--ARMS Initiative
Sec. 1141. Extension of Armament Retooling and Manufacturing Support
Initiative.
Sec. 1142. Loan guarantees under Armament Retooling and Manufacturing
Support Initiative.
Subtitle E--Other Matters
Sec. 1151. Changes in notice requirements upon pending or actual
termination of defense programs.
Sec. 1152. Plan for deployment of defense environmental technologies
for dredging of dual-use ports.
Sec. 1153. Pilot program to develop and demonstrate environmental
remediation technologies.
[[Page 992]]
TITLE XII--COOPERATIVE THREAT REDUCTION, COUNTERPROLIFERATION, AND
RELATED MATTERS
Subtitle A--Cooperative Threat Reduction
Sec. 1201. Report on accounting for United States assistance.
Sec. 1202. Report on control and accountability of material relating to
weapons of mass destruction.
Sec. 1203. Cooperative threat reduction.
Sec. 1204. Limitations on Cooperative Threat Reduction Program.
Subtitle B--Counterproliferation Activities
Sec. 1211. Extension and revision of counterproliferation authorities.
Sec. 1212. Studies relating to United States counterproliferation
policy.
Sec. 1213. Fiscal year 1995 amount.
Sec. 1214. Limitation on funds for studies pending receipt of
previously required report.
TITLE XIII--RESERVE OFFICER PERSONNEL MANAGEMENT ACT (ROPMA)
Sec. 1301. Short title; table of contents.
Sec. 1302. References to title 10, United States Code.
Subtitle A--Reserve Officer Personnel Management
Part I--Revised and Standardized Reserve Officer Personnel System
Sec. 1311. Promotion and retention of reserve officers.
Part II--Conforming Amendments
Sec. 1321. Definition of reserve active-status list.
Sec. 1322. Authority to suspend officer personnel laws during war or
national emergency.
Sec. 1323. Active-duty list promotion boards to have authority to
recommend that reserve officers considered for promotion
be required to show cause for retention on active duty.
Sec. 1324. Applicability of chapter 36 to reserve officers during war
or national emergency.
Sec. 1325. Grade in which reserve officers are ordered to active duty.
Sec. 1326. Date of rank.
Sec. 1327. Discharge before completion of required service in case of
officers having twice failed of selection for captain or
navy lieutenant.
Sec. 1328. Conforming amendments relating to Navy and Marine Corps
officers.
Sec. 1329. Repeal of reserve officer personnel policy laws.
Sec. 1330. Amendments to title 32, United States Code.
Subtitle B--Other Personnel Policy Amendments
Part I--Appointments
Sec. 1331. Repeal of separate authority for accession of women in
reserve components.
Sec. 1332. Appointment authority for reserve grades of lieutenant
colonel and commander.
Sec. 1333. Appointment of former commissioned officers in reserve
components.
Sec. 1334. Constructive credit for appointment of officers in reserve
components with qualifying education or experience.
Sec. 1335. Computation of years of service for transfer of Army
officers to Retired Reserve.
Sec. 1336. Repeal of miscellaneous obsolete appointment authorities.
Part II--Retirement and Separation
Sec. 1341. Computation of highest grade in which satisfactorily served
for reserve commissioned officers and former officers.
Part III--Other Amendments
Sec. 1351. Tenure in office of Chief of National Guard Bureau.
Sec. 1352. Right to reenlist in Regular Army or Regular Air Force after
service as an officer.
Subtitle C--Reorganization and Consolidation of Laws Relating to
Reserve Components
Sec. 1361. Laws relating to organization and administration of reserve
components.
Sec. 1362. Laws relating to reserve component personnel policy.
Sec. 1363. Laws relating to reserve component training and educational
assistance programs.
Sec. 1364. Laws relating to reserve component procurement and
equipment.
Sec. 1365. Legislative construction.
Subtitle D--Technical and Clerical Amendments
Sec. 1371. Amendments to subtitle A of title 10, United States Code.
Sec. 1372. Amendments to subtitle B of title 10, United States Code.
Sec. 1373. Amendments to subtitle C of title 10, United States Code.
Sec. 1374. Amendments to subtitle D of title 10, United States Code.
Sec. 1375. Amendments to subtitle E of title 10, United States Code.
Sec. 1376. Amendments to titles 32 and 37, United States Code.
Sec. 1377. Amendments to other laws.
Subtitle E--Transition Provisions
Sec. 1381. Continuation on the reserve active-status list of certain
reserve colonels of the Army and Air Force.
Sec. 1382. Effects of selection for promotion and failure of selection
for Army and Air Force officers.
Sec. 1383. Effects of selection for promotion and failure of selection
for Navy and Marine Corps officers.
Sec. 1384. Delays in promotions and removals from promotion list.
Sec. 1385. Minimum service qualifications for promotion.
Sec. 1386. Establishment of reserve active-status list.
Sec. 1387. Preservation of relative seniority under the initial
establishment of the reserve active-status list.
Sec. 1388. Grade on transfer to the Retired Reserve.
Sec. 1389. Rights for officers with over three years service.
Sec. 1390. Mandatory separation for age for certain reserve officers of
the Navy and Marine Corps.
Subtitle F--Effective Dates and General Savings Provisions
Sec. 1391. Effective dates.
Sec. 1392. Preservation of suspended status of laws suspended as of
effective date.
Sec. 1393. Preservation of preexisting rights, duties, penalties, and
proceedings.
TITLE XIV--BOSNIA AND HERZEGOVINA SELF-DEFENSE
Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Termination of arms embargo.
Sec. 1404. Provision of United States military assistance.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Authorization of military construction project at Fort
Bragg, North Carolina, for which funds have been
appropriated.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Restoration of authority to carry out military construction
project at Naval Supply Center, Pensacola, Florida.
Sec. 2206. Design activities for upgrade of Mayport Naval Station,
Florida.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Revision of family housing project at Tyndall Air Force
Base, Florida.
Sec. 2306. Authorization of military construction projects at Tyndall
Air Force Base, Florida, for which funds have been
appropriated.
Sec. 2307. Modification of Air Force Plant No. 3.
Sec. 2308. Repeal of limitation on order of retirement of Minuteman II
missiles.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Family housing.
Sec. 2403. Improvement to military family housing units.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Community impact assistance with regard to Naval Weapons
Station, Charleston, South Carolina.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2602. Prohibition on using funds for unauthorized Guard and
Reserve projects.
Sec. 2603. Authorization of projects for which funds have been
appropriated.
Sec. 2604. State National Guard headquarters, Fort Dix, New Jersey.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
[[Page 993]]
Sec. 2702. Extension of authorizations of certain fiscal year 1992
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1991
projects.
Sec. 2704. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Strengthening monetary limitation on renovation of
facilities.
Sec. 2802. Navy housing investment agreements.
Sec. 2803. Navy Housing Investment Board.
Subtitle B--Defense Base Closure and Realignment
Sec. 2811. Prohibition against consideration in base closure process of
advance economic planning undertaken by communities
adjacent to military installations.
Sec. 2812. Repayment of State and local costs incurred in connection
with establishment of certain military installations
selected for closure.
Sec. 2813. Limitation on sources of funds available to implement base
closures and realignments.
Sec. 2814. Prohibition on transfer of certain property located at
military installations to be closed pending completion of
redevelopment plans.
Sec. 2815. Report of effect of base closures on future mobilization
options.
Sec. 2816. Restoration of annual leave for civilian employees in
connection with certain base realignments.
Sec. 2817. Government rental of facilities located on closed military
installations.
Subtitle C--Changes to Existing Land Conveyance Authority
Sec. 2821. Additional lessee of property at Naval Supply Center,
Oakland, California.
Sec. 2822. Modification of land conveyance, Fort A.P. Hill Military
Reservation, Virginia.
Sec. 2823. Preservation of Calverton Pine Barrens, Naval Weapons
Industrial Reserve Plant, New York, as nature preserve.
Sec. 2824. Release of reversionary interest retained as part of
conveyance of electricity distribution system, Fort Dix,
New Jersey.
Subtitle D--Land Conveyances
Sec. 2831. Land conveyance, Air Force Plant No. 3, Tulsa, Oklahoma.
Sec. 2832. Land conveyance, Air Force Plant No. 59, Johnson City
(Westover), New York.
Sec. 2833. Land conveyance, Radar Bomb Scoring Site, Dickinson, North
Dakota.
Sec. 2834. Land conveyance, Army Reserve Facility, Rio Vista,
California.
Sec. 2835. Land conveyance, Naval Weapons Industrial Reserve Plant,
Calverton, New York.
Sec. 2836. Lease of property, Naval Radio Receiving Facility, Imperial
Beach, Coronado, California.
Sec. 2837. Release of requirements and reversionary interest on certain
property in Baltimore, Maryland.
Sec. 2838. Release of reversionary interest on certain property in York
County, James City County, and Newport News, Virginia.
Sec. 2839. Transfer of jurisdiction, Air Force housing at radar site,
Holbrook, Arizona.
Sec. 2840. Land conveyance, Fort Dix, New Jersey.
Sec. 2841. Land conveyance, naval shipyard, Vallejo, California.
Subtitle E--Other Matters
Sec. 2851. Authority for Oxnard Harbor District, Port Hueneme,
California, to use certain navy property.
Sec. 2852. Environmental education and training program for defense
personnel.
Sec. 2853. Repeal of restriction on land transactions relating to
Presidio of San Francisco, California.
Sec. 2854. Report on use of military installations in Okinawa.
Sec. 2855. Modification of height restriction in avigation easement.
Sec. 2856. Continued operation of military medical treatment facility
at K. I. Sawyer Air Force Base, Michigan.
Sec. 2857. Technical amendment to correct reference in land
transaction.
Sec. 2858. Additional exception to prohibition on storage and disposal
of nondefense toxic and hazardous materials at military
installations.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Nuclear materials support and other defense programs.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B--Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Transfer authority.
Sec. 3125. Authority for construction design.
Sec. 3126. Requirement of conceptual design for request of construction
funds.
Sec. 3127. Authority for emergency planning, design, and construction
activities.
Sec. 3128. Funds available for all national security programs of the
Department of Energy.
Sec. 3129. Availability of funds.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Stockpile stewardship recruitment and training program.
Sec. 3132. Defense inertial confinement fusion program.
Sec. 3133. Payment of penalties.
Sec. 3134. Water management programs.
Sec. 3135. Worker protection at nuclear weapons facilities.
Sec. 3136. Worker health and protection.
Sec. 3137. Limitation on use of program direction funds.
Sec. 3138. Limitation on use of funds for new construction projects.
Sec. 3139. Limitation on use of funds for special access programs.
Sec. 3140. Prohibition on prefinancing.
Sec. 3141. International Center for Applied Research.
Sec. 3142. Limitation on study or relocation of tritium-related
activities and operations.
Subtitle D--Other Matters
Sec. 3151. Accounting procedures for Department of Energy funds.
Sec. 3152. Approval for certain nuclear weapons activities.
Sec. 3153. Study of feasibility of conducting certain activities at the
Nevada Test Site, Nevada.
Sec. 3154. Report on waste streams generated by nuclear weapons
production cycle.
Sec. 3155. Release of certain restricted data.
Sec. 3156. Designation of Marilyn Lloyd Scholarship and Fellowship
Program.
Sec. 3157. Report on economic redevelopment and conversion activities
resulting from reconfiguration of Department of Energy
nuclear weapons complex.
Sec. 3158. Prohibition on disclosure of certain information on exposure
to radiation released from Hanford Nuclear Reservation.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD AUTHORIZATION
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Conditions on authority to dispose of certain strategic and
critical materials.
Sec. 3302. Rejection of change in stockpiling principles.
Sec. 3303. Limitations on the disposal of chromite and manganese ores.
Sec. 3304. Conditional prohibition on proposed disposal of zinc from
National Defense Stockpile.
Sec. 3305. Special program for conversion of low carbon ferro chromium
to high purity electrolytic chromium metal.
TITLE XXXIV--CIVIL DEFENSE
Sec. 3401. Authorization of appropriations.
Sec. 3402. Transfer of Federal Civil Defense Act of 1950 to the Robert
T. Stafford Disaster Relief and Emergency Assistance Act.
TITLE XXXV--NAVAL PETROLEUM RESERVES
Sec. 3501. Authorization of appropriations.
Sec. 3502. Price requirement on sale of certain petroleum during fiscal
year 1995.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means the Committees on Armed Services and the
Committees on Appropriations of the Senate and House of
Representatives.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal
year 1995 for procurement for the Army as follows:
(1) For aircraft, $1,301,452,000.
(2) For missiles, $685,136,000.
(3) For weapons and tracked combat vehicles, $942,886,000.
(4) For ammunition, $854,883,000.
(5) For other procurement, $2,651,233,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 1995 for procurement for the Navy as follows:
(1) For aircraft, $4,588,007,000.
(2) For weapons, including missiles and torpedoes,
$2,223,246,000.
(3) For shipbuilding and conversion, $6,869,897,000.
(4) For other procurement, $3,241,611,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 1995 for procurement for the
Marine Corps in the amount of $528,352,000.
[[Page 994]]
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal
year 1995 for procurement for the Air Force as follows:
(1) For aircraft, $6,101,767,000.
(2) For weapons including missiles, $3,953,232,000.
(3) For other procurement, $6,855,423,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal
year 1995 for defense-wide procurement in the amount of
$2,066,694,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal
year 1995 for procurement for the Inspector General of the
Department of Defense in the amount of $1,000,000.
SEC. 106. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fiscal
year 1995 for procurement of aircraft, vehicles,
communications equipment, and other equipment for the reserve
components of the Armed Forces as follows:
(1) For the Army National Guard, $262,000,000.
(2) For the Air National Guard, $176,000,000.
(3) For the Army Reserve, $50,000,000.
(4) For the Naval Reserve, $183,000,000.
(5) For the Air Force Reserve, $68,900,000.
(6) For the Marine Corps Reserve, $47,300,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
(a) Authorization.--There is hereby authorized to be
appropriated for fiscal year 1995 the amount of $670,349,000
for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare material of the
United States that is not covered by section 1412 of such
Act.
(b) Allocation.--Of the funds specified in subsection (a)--
(1) $365,084,000 is for operations and maintenance;
(2) $284,465,000 is for procurement; and
(3) $20,800,000 is for research and development efforts in
support of the nonstockpile chemical weapons program.
Subtitle B--Army Programs
SEC. 111. PROCUREMENT OF HELICOPTERS.
Sections 132 and 133 of the National Defense Authorization
Act for Fiscal Years 1990 and 1991 (Public Law 101-189) are
repealed.
Subtitle C--Navy Programs
SEC. 121. TERMINATION OF NAVY F-14A/B UPGRADE PROGRAM.
(a) Termination.--The Secretary of Defense shall terminate
the F-14A/B aircraft upgrade program.
(b) Limitation on Funds.--None of the funds appropriated or
otherwise made available to the Department of Defense for
procurement for fiscal year 1995 or a later fiscal year may
be obligated for the F-14A/B aircraft upgrade program.
SEC. 122. LIMITATION ON ACQUISITION OF GUIDANCE SYSTEMS FOR
TRIDENT II MISSILES.
No funds authorized to be appropriated for fiscal year 1995
for Mark 6 guidance systems for Trident II (D-5) missiles may
be obligated until the Secretary of Defense certifies to the
congressional defense committees that, based upon a review by
the Secretary of the readiness, testing, spares, and
logistics requirements for the guidance system, the inventory
objective of 562 units of the guidance system is required to
support the inventory objective for Trident II (D-5)
missiles.
SEC. 123. PROHIBITION ON TRIDENT II BACKFIT.
(a) Limitation.--The Secretary of the Navy may not modify
any Trident I submarine to enable that submarine to be
deployed with Trident II (D-5) missiles.
(b) Waiver Authority.--If the Secretary of Defense
determines that adherence to the prohibition in subsection
(a) would result in a significant national security risk to
the United States, the Secretary may waive that prohibition.
Such a waiver may not take effect until the Secretary submits
to Congress a certification of that determination and of the
reasons for that determination.
SEC. 124. INCLUSION OF CONVERSION OF VESSELS IN FAST SEALIFT
PROGRAM.
Section 1424(b) of the National Defense Authorization Act
for Fiscal Year 1991 (10 U.S.C. 7291 note) is amended--
(1) by inserting ``or converted'' after ``constructed''
each place it appears; and
(2) by inserting ``or conversion'' after ``construction''
each place it appears.
SEC. 125. LIMITATION ON COST OF SEAWOLF SUBMARINE PROGRAM.
No more than $4,673,371,000 nay be obligated or expended
for procurement of the SSN-21 and SSN-22 Seawolf submarines.
SEC. 126. LIMITATION ON PROCUREMENT OF TAGS VESSELS.
(a) Limitation.--The Secretary of the Navy may not obligate
funds for any of the vessels designated as TAGS-63, TAGS-64,
or TAGS-65 unless the Secretary certifies to the
congressional defense committees that the multibeam sonars to
be used on those vessels (whether new or remanufactured) have
been obtained through the use of competitive acquisition
procedures.
(b) National Security Waiver.--The Secretary of the Navy
may waive the limitation in subsection (a) for reasons of
national security. Such a waiver may not take effect until
the Secretary submits to the Committees on Armed Services of
the Senate and House of Representatives a report giving
notice of the waiver and an explanation of the national
security reasons for the waiver.
SEC. 127. ADVANCED CAPABILITY (ADCAP) MODIFICATION PROGRAM
FOR THE MK-48 TORPEDO.
Within the amount provided in section 102(a)(2) for
procurement of weapons, including missiles and torpedoes, for
the Navy--
(1) the amount provided for the Advanced Capability (ADCAP)
modification program for the MK-48 torpedo is hereby
increased by $52,300,000; and
(2) the amount provided for the Fleet Satellite
Communications program is hereby reduced by $52,300,000.
Subtitle D--Air Force Programs
SEC. 131. INTERTHEATER AIRLIFT PROGRAMS.
(a) Authorization.--Of the amount provided in section 103
for procurement of aircraft for the Air Force--
(1) $103,000,000 shall be available for Non-Developmental
Alternative Aircraft procurement; and
(2) $2,303,402,000 shall be available for the C-17 aircraft
program, of which--
(A) $2,249,819,000 is for procurement of six C-17 aircraft;
(B) $47,475,000 is for advance procurement of up to eight
C-17 aircraft for fiscal year 1996; and
(C) $6,108,000 is for C-17 modifications.
(b) Requirement for Competition.--The Secretary of Defense
shall use competitive procedures in selecting a source for
the aircraft to be procured as Non-Developmental Alternative
Aircraft under subsection (a).
(c) Notice to Congress.--Funds described in subsection (a)
may not be obligated for procurement under subsection (a)
until 60 days after the date which the Secretary of Defense
submits to the congressional defense committees a report
describing the Secretary's plan for the obligation of those
funds.
(d) Preservation of Intertheater Airlift Capacity.--In
acquiring aircraft under subsection (a), the Secretary of
Defense shall structure the acquisition of those aircraft so
as to preserve the aggregate intertheater airlift capacity of
the Air Force (measured in millions of ton-miles per day) as
of the date of the enactment of this Act.
SEC. 132. B-2 BOMBER PROGRAM COST LIMITATION.
In determining the expenditures to be applied against the
total program cost limitation of $28,968,000,000 (in fiscal
year 1981 constant dollars) specified by law for the B-2
bomber program, expenditures by the Department of Defense
associated with preserving the industrial facilities used to
produce that aircraft shall be included in that total program
cost.
SEC. 133. BOMBER FORCE UPGRADE PROGRAM.
(a) Heavy Bomber Force Upgrade Fund.--From funds authorized
by section 104 for defense-wide procurement activities,
$100,000,000 shall be for a heavy bomber force upgrade fund.
The Secretary of Defense may obligate amounts in the fund
for--
(1) long-range heavy bombers that would otherwise become
attrition reserve aircraft;
(2) accelerating conventional mission upgrades for the B-1
bomber; or
(3) a combination of expenditures under paragraphs (1) and
(2).
(b) Notice to Congress.--Funds described in subsection (a)
may not be obligated until 30 days after the date on which
the Secretary of Defense submits to the congressional defense
committees notice of the Secretary's proposed expenditures
from that fund for the purposes specified in subsection (a).
SEC. 134. EVALUATION OF RESTART OF C-5B AIRCRAFT PROCUREMENT.
(a) Evaluation.--The Secretary of the Air Force shall
conduct an evaluation of the costs of restarting production
of C-5B aircraft for the strategic airlift mission. The
evaluation shall include startup costs and production costs
for a production run of from 30 to 70 units.
(b) Report.--The Secretary shall submit to the
congressional defense committees a report on the evaluation
under subsection (a). The report may be submitted as part of
any other required report to those committees relating to
intertheater airlift.
Subtitle E--Defense-Wide Activities
SEC. 141. BALLISTIC MISSILE EARLY WARNING PROGRAMS.
(a) Risk Mitigation Fund.--From funds authorized by section
104 for defense-wide procurement, $300,000,000 shall be for a
satellite early-warning assurance fund. The Secretary of
Defense may obligate amounts in the fund for--
(1) continued procurement of Defense Support Program (DSP)
satellite number 24;
(2) accelerated development of the Alert, Locate, and
Report Missiles (ALARM) satellite program leading to launch
of the first satellite under that program no later than the
first quarter of 2002;
(3) development of the Brilliant Eyes satellite sensor
system;
(4) acquisition of up to three additional interim theater
missile sensors; or
(5) a combination of expenditures under paragraphs (1),
(2), (3), and (4).
(b) Notice to Congress.--Funds described in subsection (a)
may not be obligated until after the date on which the
Secretary of Defense submits to the congressional defense
committees notice of the Secretary's proposed expenditures
from that fund for the purposes specified in subsection (a).
Subtitle F--National Defense Sealift Fund
SEC. 161. PROHIBITION OF TRANSFER OF FISCAL YEAR 1994 FUNDS
TO CVN-76 CONSTRUCTION.
None of the fiscal year 1994 unauthorized sealift
appropriation (as defined in section
[[Page 995]]
164) may be transferred (pursuant to the provisions of an Act
making appropriations for a fiscal year after fiscal year
1994 or to authority provided under such an Act) to funds
appropriated for fiscal year 1994 or a later fiscal year for
Shipbuilding and Conversion, Navy, to be available for CVN-76
construction.
SEC. 162. FISCAL YEAR 1995 NATIONAL DEFENSE SEALIFT FUND
PROGRAM.
(a) Use of Fiscal Year 1994 Unauthorized Sealift
Appropriation.--From the fiscal year 1994 unauthorized
sealift appropriation (as defined in section 164), the amount
of $608,600,000 shall, to the extent provided in
appropriations Acts making appropriations for a fiscal year
after fiscal year 1994, be available for fiscal year 1995
programs to be carried out through the National Defense
Sealift Fund, of which--
(1) $546,400,000 is for the execution of new ship
construction contract options for construction of two
prepositioning surge ships;
(2) $43,000,000 is for procurement and installation of
national defense sealift features on privately owned, United
States documented commercial roll-on/roll-off vessels that
are constructed after the date of the enactment of this Act
by a shipyard located in the United States; and
(3) $19,200,000 is for research and development of
strategic sealift technology.
(b) Denial of Authorization of Appropriations for Fiscal
Year 1995.--No funds are authorized to be appropriated to the
National Defense Sealift Fund for fiscal year 1995.
SEC. 163. TRANSFER OF EXCESS AMOUNT TO BRAC III ACCOUNT.
From the fiscal year 1994 unauthorized sealift
appropriation (as defined in section 164), the amount of
$591,400,000 shall, to the extent provided in appropriations
Acts, be transferred to, and deposited in, the account ``Base
Realignment and Closure Account, Part III'', to be available
for the same purposes, and subject to the same limitations,
as other funds in that account.
SEC. 164. FISCAL YEAR 1994 UNAUTHORIZED SEALIFT APPROPRIATION
DEFINED.
For purposes of this subtitle, the term ``fiscal year 1994
unauthorized sealift appropriation'' means $1,200,000,000 of
the amount appropriated for fiscal year 1994 to the National
Defense Sealift Fund (in title V of the Department of Defense
Appropriations Act, 1994 (Public Law 103-139; 107 Stat.
1435)).
SEC. 165. OPERATION OF SEALIFT VESSELS FOR WHICH ASSISTANCE
IS PROVIDED THROUGH NATIONAL DEFENSE SEALIFT
FUND.
Section 2218(f) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(3)(A) A vessel that is constructed, altered, converted,
purchased, operated, maintained, leased, or chartered with
funds in the National Defense Sealift Fund pursuant to
subsection (c)(1)--
``(i) may not be operated or maintained directly by the
Department of Defense or Department of Transportation; and
``(ii) may not be crewed by employees of the United States.
``(B) Operation and maintenance of any such vessel with
funds in the National Defense Sealift Fund (including
retention of the vessel in reduced operating status) shall be
conducted using private operating companies employing only
merchant mariners on board such vessel who are United States
citizens. To the extent possible, preference in employing
such mariners shall be given to otherwise qualified former or
retired military personnel who are released from active duty
as a result of the downsizing of the armed forces.
``(C) Subparagraphs (A) and (B) do not apply during time of
war or national emergency declared by the President or the
Congress if the Secretary of Defense certifies that no
qualified private contractor or private sector merchant
mariners are available to operate the vessel.
``(D) Nothing in this paragraph shall be construed to--
``(i) require the separation by reduction in force of any
employee of the United States who, on the date of the
enactment of this paragraph, is employed as a crewmember on a
vessel described in subparagraph (A); or
``(ii) restrict the ability to embark military detachments
to operate special equipment.''.
Subtitle G--Other Matters
SEC. 171. TRANSFER OF USNS MAURY.
(a) In General.--The Secretary of the Navy shall transfer
the USNS Maury (TAGS-39) to the Department of Transportation
for assignment as a training ship to the California Maritime
Academy at Vallejo, California. The transfer shall be made on
the date of the decommissioning of that vessel.
(b) Terms and Conditions.--(1) In carrying out subsection
(a), the Secretary shall deliver the vessel--
(A) at the place where the vessel is located on the date of
the conveyance;
(B) in its condition on that date; and
(C) at no cost to the United States.
(2) The Secretary may require such additional terms and
conditions in connection with the transfer authorized by this
section as the Secretary considers appropriate.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 1995 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army $5,425,303,000.
(2) For the Navy, $8,913,963,000.
(3) For the Air Force, $12,318,766,000.
(4) For Defense-wide activities, $9,325,708,000, of which--
(A) $254,995,000 is authorized for the activities of the
Director, Test and Evaluation; and
(B) $12,501,000 is authorized for the Director of
Operational Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLORATORY
DEVELOPMENT.
(a) Fiscal Year 1995.--Of the amounts authorized to be
appropriated by section 201, $4,288,064,000 shall be
available for basic research and exploratory development
projects.
(b) Basic Research and Exploratory Development Defined.--
For purposes of this section, the term ``basic research and
exploratory development'' means work funded in program
elements for defense research and development under
Department of Defense category 6.1 or 6.2.
SEC. 203. TACONITE PROCESSING TECHNOLOGY.
Of the amount provided in section 201 for the Navy, the sum
of $500,000 shall be available for the purpose of initiating
and carrying out a manufacturing technology program for
taconite processing technology.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. SPACE LAUNCH MODERNIZATION.
(a) Policy.--(1) It is in the Nation's long-term national
security and economic interests to regain preeminence in the
area of space launch technology and operations.
(2) Access to space at affordable costs is fundamental to
maintaining required command, control, communications,
intelligence, navigation, weather, and early warning support
to United States and coalition forces.
(3) Encouragement of privately financed, cost effective
expendable and reusable launch vehicles is in the economic
interest of the Department of Defense and the United States
Government.
(b) Required Actions.--The Secretary of Defense shall take
the following actions in pursuance of the space launch
modernization policy set forth in subsection (a):
(1) Begin and complete a program to replace or consolidate
the current fleet of medium and heavy expendable launch
vehicles with new or upgraded expendable launch vehicles or
with a combination of expendable and reusable launch
vehicles. The Secretary shall initiate flight tests of new or
upgraded expendable launch vehicles and of reusable launch
vehicles not later than 1998 to achieve an initial launch
capability for selected replacement vehicles not later than
July 1, 2002. The program shall include a fly-before-buy
acquisition strategy with both advanced concept technology
demonstrations of expendable launch vehicles and advanced
technology demonstrations of reusable launch vehicles.
(2) For purposes of paragraph (1), initiate a competitive
Advanced Concept Technology Demonstration program to achieve
a cost reduction over current medium and heavy expendable
launch vehicles of at least 15 percent in flyaway cost per
pound (in fiscal year 1994 dollars) and at least 25 percent
reduction in launch operations costs per launch (in fiscal
year 1994 dollars).
(3) Encourage and evaluate innovative acquisition,
technical, and financing (including best commercial
practices) solutions for providing affordable, operable,
reliable, and responsive access to space.
(4) Centralize oversight of launch requirements of the
Department of Defense and other users to preclude inflated
requirements from escalating current and future launch costs.
(5) Encourage and provide incentives for the use of
commercial practices in the acquisition, operation, and
support of Department of Defense space operations.
(6) Establish effective suitable coordination among
military, civilian, and commercial launch developers and
users.
(c) Allocation of Funds.--Of the amount authorized to be
appropriated in section 201(3), $200,000,000 shall be
available for research, development, test, and evaluation of
non-man-rated space launch systems and technologies. Of that
amount--
(1) $100,000,000 shall be available only for a competitive
reusable rocket technology demonstration program, including--
(A) use of at least 90 percent of such amount for
development and flight testing of one or more technology
demonstration vehicles, and
(B) further development of reusable rocket technologies;
and
(2) $100,000,000 shall be available only for an Advanced
Concept Technology Demonstration program for expendable
launch vehicles, including--
(A) competitive development and flight testing of advanced
concept technology demonstration vehicles, and
(B) further development of enhanced technologies related to
expendable launch vehicles, including Russian rocket
propulsion technology.
(d) Limitations.--(1) Not more than 2 percent of the funds
made available by subsection (c) may be used for direct and
indirect Department of Defense-related program office,
contractor support, and management overhead costs.
(2) Program office staff may not exceed 10 individuals,
including contractor support.
(3) None of the funds authorized in this section may be
released or otherwise transferred for execution or obligation
to any
[[Page 996]]
Government department, agency, or organization outside the
Department of Defense.
SEC. 212. STANDOFF AIR-TO-SURFACE MUNITIONS TECHNOLOGY
DEMONSTRATION.
(a) In General.--(1) Of the amounts authorized to be
appropriated pursuant to section 201, up to $2,000,000 of the
amount for the Navy and up to $2,000,000 of the amount for
the Air Force shall be used for the conduct of a
demonstration of nondevelopmental technology that would
enable the use of a single adaptor kit for munitions
described in paragraph (2) in order to give those munitions a
standoff and near-precision guided capability. Such amounts
shall be obligated not later than nine months after the date
of the enactment of this Act.
(2) Paragraph (1) applies to guided and unguided in-
inventory munitions of the class of 1,000 pounds and below.
(b) Report.--The Secretary of the Defense shall submit to
the congressional defense committees a report setting forth
in detail the results and costs of the demonstration and the
applicability of the technology demonstrated in providing the
Armed Forces with an inexpensive solution to providing both
range extension and near-precision guided capability to in-
inventory munitions.
SEC. 213. EXTENSION OF PROHIBITION ON TESTING MID-INFRARED
ADVANCED CHEMICAL LASER AGAINST AN OBJECT IN
SPACE.
The Secretary of Defense may not carry out a test of the
Mid-Infrared Advanced Chemical Laser (MIRACL) transmitter and
associated optics against an object in space during fiscal
year 1995 unless such testing is specifically authorized by
law.
SEC. 214. APPLICABILITY OF CERTAIN ELECTRONIC COMBAT SYSTEMS
TESTING REQUIREMENTS.
(a) Covered Systems.--Subsection (a) of section 220 of the
National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160; 107 Stat. 1589) is amended--
(1) by inserting ``ACAT I level integrated or stand-alone''
before ``electronic combat system''; and
(2) by inserting ``ACAT I level integrated or stand-alone''
before ``command, control, and communications countermeasure
system''.
(b) Applicability.--Subsection (e) of section 220 of such
Act is amended to read as follows:
``(e) Applicability.--The provisions of subsections (a) and
(b) shall apply to an ACAT I level integrated or stand-alone
electronic combat system and to an ACAT I level integrated or
stand-alone command, control, and communications
countermeasure system regardless of whether development of
the electronic combat system or the command, control, and
communications countermeasure system, as the case may be,
began before, on, or after the date of the enactment of this
Act.''.
SEC. 215. ADVANCED SELF PROTECTION JAMMER (ASPJ) PROGRAM.
(a) Subject to subsection (b), the Secretary of the Navy
shall, not later than September 30, 1994, obligate funds
appropriated to the Department of Defense for fiscal year
1994 and prior years to carry out logistics support,
maintenance, and integration of existing Advanced Self
Protection Jammer systems from the Navy inventory into the F-
14D aircraft for testing and evaluation. The Secretary may
acquire sufficient racks, spares, and logistic support,
including hardware and software, necessary to maintain the
existing ASPJ systems in the Navy inventory.
(b) The Secretary of the Navy may obligate funds under
subsection (a) only to the extent provided in appropriations
Acts.
(c) The Secretary of the Navy shall carry out subsection
(a) notwithstanding section 122 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484;
106 Stat. 2334).
SEC. 216. ADVANCED LITHOGRAPHY PROGRAM.
(a) Purpose.--The purpose of the Advanced Lithography
Program (hereinafter in this section referred to as the
``ALP'') is to fund goal-oriented research and development to
be conducted in both the public and private sectors to help
achieve a competitive position for American lithography tool
manufacturers in the international market place.
(b) Conduct of Program.--(1) The program shall be conducted
in accordance with research and development plans (including
an interim plan) developed by the Semiconductor Technology
Council, established in section 273 of the National Defense
Authorization Act for Fiscal Years 1988 and 1989 (15 U.S.C.
4603) (as amended by section 263 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
107 Stat. 1608)).
(2) The interim plan referred to in paragraph (1) shall be
the Semiconductor Industry Association (SIA) 1994 development
plan for lithography.
(c) Program Management.--The Advanced Research Projects
Agency (ARPA) shall be the executive agent for the ALP and
shall ensure seamless program planning of the ALP into the
full range of ARPA core electronics development programs.
(d) Funding.--Of the funds authorized to be appropriated in
section 201, $100,000,000 shall be available for the advanced
lithography program. Of that amount--
(1) $75,000,000 shall be available to conduct research and
development activities in accordance with subsection (b); and
(2) $25,000,000 shall be available to procure advanced
American-manufactured lithography tools for evaluation at
Government-owned or Government-sponsored research facilities
engaged in advanced lithography.
(e) Requirements.--Not later than January 1, 1995--
(1) the President shall appoint to the Semiconductor
Technology Council, referred to in subsection (a), the
members listed in section 273(c) of the National Defense
Authorization Act for Fiscal Years 1988 and 1989 (15 U.S.C.
4603);
(2) the Under Secretary of Defense for Acquisition and
Technology, in his capacity as Cochairman of the Council,
shall call a meeting of the Council for the purpose of
developing a national strategy for lithography;
(3) the Council shall issue a Department of Defense
instruction for the operation of the Council; and
(4) the Council shall develop and submit to the Secretary
of Defense a plan for achieving the national strategy for
lithography.
(f) Restriction.--After January 1, 1995, no funds may be
obligated by the Department of Defense for the High
Performance Computing Program (PE 602301E), Sematech (PE
603745E), or Warbreaker (PE 603226E; Project EE40) unless the
events listed in subsection (e) have occurred.
SEC. 217. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.
(a) Authority.--A Federally Funded Research and Development
Center (FFRDC) of the Department of Defense that functions
primarily as a research laboratory may respond to
solicitations and announcements under programs authorized by
the Federal Government for the purpose of promoting the
development and transfer of dual-use technology to the United
States industrial sector if such FFRDC meets the following
conditions:
(1) The FFRDC is a collaborating member of a United States
industry-led team.
(2) The nature of such collaboration is that of a
precompetitive research and technology development effort.
(b) Use of Cooperative Agreements.--An FFRDC described in
subsection (a) that responds to a solicitation or
announcement described in such subsection shall not be
considered to be engaging in a competitive procedure and may
use a cooperative research and development agreement (as
defined in section 12 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a)) or other
cooperative agreement as the instrument of participation in
the solicitation or announcement.
SEC. 218. DEFENSE EXPERIMENTAL PROGRAM TO STIMULATE
COMPETITIVE RESEARCH.
(a) In General.--(1) The Secretary, through the Director of
Defense Research and Engineering, shall operate a Defense
Experimental Program to Stimulate Competitive Research
(hereinafter in this section referred to as ``DEPSCoR'') as
part of the university research programs of the Department of
Defense.
(2) The objectives of DEPSCoR shall be--
(A) to enhance the competitiveness within the peer-review
system of investigators from academic institutions in
eligible States; and
(B) to increase the probability of long-term growth of
competitive funding to investigators at institutions from
eligible States.
(3) In order to carry out the objectives stated in
paragraph (2), DEPSCoR shall provide for activities which may
include competitive research awards, research infrastructure
support, and graduate traineeships.
(4) DEPSCoR shall assist those States that--
(A) historically have received relatively little Federal
research and development funding; and
(B) have demonstrated a commitment to develop their
research bases and improve science and engineering research
and education programs at their universities and colleges.
(b) Definition.--The term ``eligible States'' means States
that have been designated by the Director of the National
Science Foundation as eligible to participate in the
Experimental Program to Stimulate Competitive Research.
(c) Coordination.--The Secretary shall consult with the
Director of the National Science Foundation and the Director
of the Office of Science and Technology Policy in the
planning, development, and execution of DEPSCoR and shall
coordinate the Department's program with similar programs
sponsored by other Federal agencies. All solicitations shall
be made to, and all awards shall be made through, the State
committees established by the National Science Foundation for
the purpose of administering the Experimental Program to
Stimulate Competitive Research. The State committees shall
ensure that the DEPSCoR program is coordinated with other
Federal Experimental Program to Stimulate Competitive
Research initiatives in their respective States.
SEC. 219. DIGITAL BATTLEFIELD PROGRAM.
(a) Establishment of Program.--The Secretary of the Army
shall establish a Digital Battlefield program to provide
enhancements required to field components for a digitalized
battlefield by 1996. These enhancements shall include
electronics, second-generation forward-looking infrared
technology, and communications for major platforms and
development of applique packages for platforms without
embedded digital systems.
(b) Funding.--Of the amounts authorized to be appropriated
pursuant to section 201, $50,000,000 shall be available for
fiscal year 1995 for the digital battlefield program (PE
203758A).
(c) Program Limitation.--None of the funds appropriated
pursuant to section 201
[[Page 997]]
for the digital battlefield program (PE 203758A) for the Army
for fiscal year 1995 may be obligated for research and
development activities for development or integration of such
program until the Secretary of the Army--
(1) establishes, and programs funds for, a research and
development program to enhance the processing and memory
capability of the electronic systems on the Abrams tank to
make the M1/M1A2 Abrams tank compatible and interoperable
with the digital battlefield, when placed into service;
(2) restructures the M1 Abrams tank upgrade program to
incorporate the enhancements produced by the research and
development program established under paragraph (1);
(3) transmits to the congressional defense committees a
report providing notice of the restructured M1A2 program
under paragraph (2) and a description of the program;
(4) coordinates with the Secretary of the Navy to include
the Marine Corps in the Army's plans for the digital
battlefield; and
(5) transmits to the congressional defense committees a
report describing--
(A) the Army's plan of actions and milestones for defining
the overall system architecture for the digital battlefield,
the standards and protocols for the digital battlefield, and
resulting requirements;
(B) how those requirements affect or will affect the major
platforms that will make up the digital battlefield; and
(C) the manner in which coordination with the Secretary of
the Navy under paragraph (4) is being carried out.
SEC. 220. MOBILE OFF-SHORE BASE AND LANDING SHIP QUAY
CAUSEWAY PROGRAM.
(a) Findings.--Congress makes the following findings:
(1) The concepts of the sea-going Mobile Off-Shore Base and
the related Landing Ship Quay Causeway could result in
significant improvements in the capability for the Armed
Forces to respond to crises in those areas where land bases
are not available for use by those forces.
(2) The potential development and acquisition costs of the
Mobile Off-Shore Base and the Landing Ship Quay Causeway are
such that any program for development of the Mobile Off-Shore
Base or the Landing Ship Quay Causeway should be designated
as a major defense acquisition program.
(b) Limitation.--No funds are authorized for fiscal year
1995 for research and development for a Mobile Off-Shore Base
or a Landing Ship Quay Causeway program. The Secretary of
Defense may not develop or acquire a Mobile Off-Shore Base or
a Landing Ship Quay Causeway until both of the following
occur:
(1) The military requirement for a Mobile Off-Shore Base
and a Landing Ship Quay Causeway, as reflected in operational
requirements documents, is approved by the Joint Requirements
Oversight Council.
(2) The Secretary of Defense certifies to the congressional
defense committees that--
(A) there is a validated requirement for the Mobile Off-
Shore Base or the Landing Ship Quay Causeway; and
(B) the acquisition plan and program to fulfill the
requirement are established and are funded to the end of the
current future-years defense program submitted pursuant to
section 221 of title 10, United States Code.
SEC. 221. ARROW/ACES PROGRAM.
Of the amount provided in section 201 for Defense-wide
activities, $52,400,000 is available for the Arrow/ACES
program.
SEC. 222. ARMY HELICOPTER ENGINE UPGRADE PROGRAM.
The amount authorized in section 201 for the Army is hereby
reduced by $4,500,000, to be derived from the amount provided
for development of an electronic fuel control to upgrade the
hydromechanical unit for the T53-series helicopter engine.
SEC. 223. RESEARCH AND DEVELOPMENT FOR STRATEGIC METALS.
(a) Research and Development.--The Secretary of Defense, in
consultation with the Secretary of Commerce, shall give
consideration to acceleration of research and development
projects for strategic metals and alloys to support the
objectives of section 2501(c) of title 10, United States
Code. In carrying out the preceding sentence, the Secretary
of Defense shall begin by conducting a project for the
acceleration of research in aluminum beryllium alloys to meet
military and commercial standards for emerging applications.
(b) Funding.--Of the amounts authorized in section 201(4)
for materials and electronic technology carried out by the
Advanced Research Projects Agency, $2,000,000 is authorized
for the project for acceleration of research in aluminum
beryllium alloys described in subsection (a).
Subtitle C--Missile Defense Programs
SEC. 231. BALLISTIC MISSILE DEFENSE ORGANIZATION BUDGET
PRESENTATION.
In the budget of the President for any fiscal year, amounts
requested for the Ballistic Missile Defense Organization
shall be set forth showing the amounts requested for each
individual program, project, and activity of that
organization as well as the total amount requested for the
organization.
SEC. 232. THEATER MISSILE DEFENSE PROGRAMS.
(a) Naval Theater Missile Defense.--Of the amount provided
for the Ballistic Missile Defense Organization under section
201 for Theater Missile Defense, not less than $40,000,000
shall be available to support the aggressive exploration of
the Navy Upper Tier Program for Naval Theater Missile
Defense.
(b) Accelerated Advanced Concept Technology Demonstration
Program.--The Secretary of Defense, acting through the
Director of the Ballistic Missile Defense Organization, shall
initiate during fiscal year 1995 an accelerated Advanced
Concept Technology Demonstration Program to demonstrate the
technical feasibility of using the Navy's Block IV Standard
Missile combined with a kick stage rocket motor and the
lightweight Exoatmospheric Projectile (LEAP) as a near-term
option for cost-effective wide-area Theater Missile Defense.
(c) Theater Missile Defense Program Priorities.--(1) The
Secretary of Defense, acting through the Director of the
Ballistic Missile Defense Organization, shall establish as
the first priority of the Theater Missile Defense Program the
deployment of--
(A) a layered land-based Theater Missile Defense capability
consisting of the Patriot Advanced Capability (PAC-3) system
and the Theater High-Altitude Area Defense (THAAD) system;
and
(B) a layered sea-based Theater Missile Defense capability
consisting of the Navy Lower Tier theater missile defense
program and the Navy Upper Tier theater missile defense
program.
(2) Each program referred to in paragraph (1) shall be
treated by the Department of Defense as a major acquisition
program for funding purposes for fiscal years 1995 through
1999, as prescribed in the October 1993 report of the
Secretary of Defense entitled ``Report on the Bottom Up
Review'' and in Defense Planning Guidance.
SEC. 233. THEATER MISSILE DEFENSE RISK REDUCTION ACTIVITIES.
(a) In General.--Of the amount provided in section 201 for
Defense-wide Activities, $210,000,000 is for theater missile
defense risk reduction activities of the Ballistic Missile
Defense Organization. None of such amount may be obligated
for a program specified in subsection (b) until 30 days after
the date on which the Secretary of Defense submits to the
congressional defense committees notice of the Secretary's
plans to obligate funds for such program.
(b) Programs.--The programs referred to in subsection (a)
are the following:
(1) The Extended-Range Interceptor (ERINT) program.
(2) The Multi-Mode Missile.
(3) Sea-based lower tier systems.
(4) Sea-based upper tier systems.
SEC. 234. MILITARY SATELLITE COMMUNICATIONS.
(a) MILSTAR Limitation.--Of the amount authorized in
section 201 for the MILSTAR satellite communications program,
$50,000,000 may not be obligated until a report setting forth
the plan described in subsection (b) has been received by the
congressional defense committees.
(b) Military Communications Master Plan.--The Secretary of
Defense shall develop a military communications master plan
that addresses--
(1) the projected military communications requirements of
the Department of Defense;
(2) alternate and innovative ways of meeting those
requirements (including greater reliance on the commercial
sector); and
(3) methods to ensure that those elements of the Department
of Defense that create the demand for such communications
services are required to have an important role in paying for
the provision of those services.
SEC. 235. LIMITATION ON FLIGHT TESTS OF CERTAIN MISSILES.
(a) Limitation.--The Secretary of Defense may not conduct a
flight test program of theater missile defense interceptors
and sensors if an anticipated result of the launch of a
missile under that test program would be release of debris in
a land area of the United States outside a designated
Department of Defense test range.
(b) Definition of Debris.--For purposes of subsection (a),
the term ``debris'' does not include particulate matter that
is regulated for considerations of air quality.
(c) Certain Testing Unaffected.--Nothing in this section
shall be construed as prohibiting or limiting testing of
cruise missiles, unmanned aerial vehicles (UAVs), or
precision-guided munitions.
SEC. 236. COMPLIANCE WITH THE ABM TREATY.
(a) Limitation.--Funds appropriated to the Department of
Defense for fiscal year 1995, or otherwise made available to
the Department of Defense from any funds appropriated for
fiscal year 1995 or for any fiscal year before 1995, may not
be obligated or expended--
(1) for any development or testing of anti-ballistic
missile systems or components except for development and
testing consistent with the interpretation of the ABM Treaty
set forth in the enclosure to the July 13, 1993, ACDA letter;
or
(2) for the acquisition of any material or equipment
(including long lead materials, components, piece parts, or
test equipment, or any modified space launch vehicle)
required or to be used for the development or testing of
anti-ballistic missile systems or components, except for
material or equipment required for development or testing
consistent with the interpretation of the ABM Treaty set
forth in the enclosure to the July 13, 1993, ACDA letter.
(b) Definitions.--In this section:
(1) The term ``July 13, 1993, ACDA letter'' means the
letter dated July 13, 1993, from the Acting Director of the
Arms Control and Disarmament Agency to the chairman of the
Committee on Foreign Relations of the Senate relating to the
correct interpretation of
[[Page 998]]
the ABM Treaty and accompanied by an enclosure setting forth
such interpretation.
(2) The term ``ABM Treaty'' means the Treaty between the
United States of America and the Union of Soviet Socialist
Republics on the Limitation of Anti-Ballistic Missiles,
signed in Moscow on May 26, 1972.
Subtitle D--Women's Health Research
SEC. 241. DEFENSE WOMEN'S HEALTH RESEARCH PROGRAM.
(a) Continuation of the Program.--The Secretary of Defense
shall continue the Defense Women's Health Research Program
(hereinafter in this section referred to as the ``Program'')
established in fiscal year 1994 pursuant to the authority in
section 251 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1606). The
Program shall continue under an Army executive agency or
agent and shall serve as the coordinating agent for
multidisciplinary and multi-institutional research within the
Department of Defense on women's health issues related to
service in the Armed Forces. The Program also shall
coordinate with research supported by the Department of
Health and Human Services and other agencies that is aimed at
improving the health of women.
(b) Implementation Plan.--If the Secretary of Defense
intends to change the plan for the implementation of the
Program previously submitted to the Committees on Armed
Services of the Senate and House of Representatives, the
amended plan shall be submitted to such committees before
implementation.
(c) Program Activities.--The Program shall support health
research into matters relating to the service of women in the
military, including the following matters:
(1) Epidemiologic research, including health care needs of
deployed women, patterns of illness and injury, environmental
and occupational hazards, side-effects of pharmaceuticals and
biologicals, and psychological stress associated with
military training, deployment, traumatic incidents, and other
military life conditions.
(2) Data base development designed to facilitate long-term
research studies of women's health issues, and continued
development and support of a military women's health
information clearinghouse to serve as an information resource
for clinical, research, and policy issues affecting women in
the Armed Forces.
(3) Policies and standards issues, including research
supporting development of military standards related to
training, operations, deployment, and retention and their
relationship to factors affecting women's health.
(4) Research emphasizing interventions that have a
potential for affecting health issues associated with women's
military service.
(d) Funding.--Of the amount authorized to be appropriated
pursuant to section 201, $40,000,000 shall be available for
the Program.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 1995 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance in amounts as follows:
(1) For the Army, $17,362,741,000.
(2) For the Navy, $20,110,196,000.
(3) For the Marine Corps, $1,997,095,000.
(4) For the Air Force, $18,733,458,000.
(5) For Defense-wide activities, $9,513,523,000.
(6) For the Army Reserve, $1,255,057,000.
(7) For the Naval Reserve, $827,819,000.
(8) For the Marine Corps Reserve, $81,462,000.
(9) For the Air Force Reserve, $1,481,332,000.
(10) For the Army National Guard, $2,448,615,000.
(11) For the Air National Guard, $2,780,178,000.
(12) For the National Board for the Promotion of Rifle
Practice, $2,544,000.
(13) For the Defense Inspector General, $147,172,000.
(14) For the Court of Military Appeals, $6,152,000.
(15) For Environmental Restoration, Defense,
$2,180,200,000.
(16) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $714,200,000.
(17) For Medical Programs, Defense, $9,613,331,000.
(18) For the National Contingency Operation Non-DBOF Costs
Fund, $300,000,000.
(19) For Department of Defense World War II 50th
Anniversary Program, $500,000.
(20) For Project Peace, $15,000,000.
(21) For Former Soviet Union Threat Reduction,
$400,000,000.
(22) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $60,000,000.
SEC. 302. DEFENSE BUSINESS OPERATIONS FUND.
Funds are hereby authorized to be appropriated for fiscal
year 1995 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for the
Defense Business Operations Fund in the amount of
$1,212,038,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal
year 1995 from the Armed Forces Retirement Home Trust Fund
the sum of $59,317,000 for the operation of the Armed Forces
Retirement Home, including the United States Soldiers' and
Airmen's Home and the Naval Home.
SEC. 304. FUNDS FOR DEPOT-LEVEL MAINTENANCE AND REPAIR WORK.
(a) Increased Funding for Department of Defense Depot-Level
Activities.--Of amounts authorized to be appropriated for
fiscal year 1995 under section 301, the amount that shall be
available for the performance of depot-level maintenance and
repair work by depot-level activities of the Department of
Defense is the amount equal to the sum of--
(1) the total amount requested in the President's budget
for that fiscal year for the Department of Defense for the
performance of depot-level maintenance and repair work; and
(2) $600,000,000, of which--
(A) $300,000,000 shall be available for the Army;
(B) $100,000,000 shall be available for the Navy;
(C) $150,000,000 shall be available for the Air Force; and
(D) $50,000,000 shall be available for the Marine Corps.
(b) Decreased Funding for Contractors.--Of amounts
appropriated for fiscal year 1995 pursuant to section 301,
the amount that shall be available for the performance of
depot-level maintenance and repair work by non-Federal
Government personnel is not more than the amount equal to 40
percent of the total amount requested in the President's
budget for that fiscal year for the Department of Defense for
the performance of depot-level maintenance and repair work.
SEC. 305. SUPPORT FOR THE 1996 SUMMER OLYMPICS.
(a) Authority To Provide Support.--The Secretary of Defense
may provide logistical support and personnel services in
connection with the 1996 games of the XXVI Olympiad to be
held in Atlanta, Georgia.
(b) Pay and Nontravel-Related Allowances.--(1) Except as
provided in paragraph (2), the costs for pay and nontravel-
related allowances of members of the Armed Forces for the
support and services referred to in subsection (a) may not be
charged to appropriations made pursuant to the authorization
of appropriations in subsection (c).
(2) Paragraph (1) does not apply in the case of members of
a reserve component called or ordered to active duty to
provide logistical support and personnel services for the
games of the XXVI Olympiad.
(c) Authorization of Appropriations.--There is authorized
to be appropriated $4,000,000 for the Department of Defense
for fiscal year 1995 to carry out subsection (a).
SEC. 306. FUNDS FOR CLEARING LANDMINES.
Of the funds authorized to be appropriated in section 301,
not more than $25,000,000 shall be available for activities
to support the clearing of landmines for humanitarian
purposes, as determined by the Secretary of Defense.
SEC. 307. SUPPORT FOR THE 1995 SPECIAL OLYMPICS WORLD GAMES.
(a) Authority To Provide Support.--The Secretary of Defense
may provide logistical support and personnel services in
connection with the 1995 Special Olympics World Games to be
held in the State of Connecticut.
(b) Pay and Nontravel-Related Allowances.--(1) Except as
provided in paragraph (2), the costs for pay and nontravel-
related allowances of members of the Armed Forces for the
support and services referred to in subsection (a) may not be
charged to appropriations made pursuant to the authorization
in subsection (c).
(2) Paragraph (1) does not apply in the case of members of
a reserve component called or ordered to active duty to
provide logistical support and personnel services for the
1995 Special Olympics World Games.
(c) Authorization of Appropriations.--There is authorized
to be appropriated for the Department of Defense for fiscal
year 1995 the sum of $2,000,000 to carry out subsection (a).
Subtitle B--Limitations
SEC. 311. REPORTS AND LIMITATION ON TRANSFER OF CERTAIN
OPERATION AND MAINTENANCE FUNDS.
(a) Limitation on Transfer.--Section 116 of title 10,
United States Code, is amended--
(1) by redesignating subsection (b) as subsection (d); and
(2) by inserting after subsection (a) the following:
``(b) Reports on Transfers of Certain Funds.--(1) Each
report required by subsection (a) shall include a report on
the following:
``(A) Each transfer of amounts provided in an appropriation
Act to the Department of Defense for the activities referred
to in paragraph (3) between appropriations during the
preceding fiscal year, including the reason for the transfer.
``(B) Each transfer of amounts provided in an appropriation
Act to the Department of Defense for an activity referred to
in paragraph (3) within that appropriation for any other such
activity during the preceding fiscal year, including the
reason for the transfer.
``(2) On May 1 of each year, the Secretary of Defense shall
submit to the Congress a report on the following:
``(A) Each transfer during the first six months of the
fiscal year in which the report is submitted of amounts
provided in an appropriation Act to the Department of Defense
for the activities referred to in paragraph (3) between
appropriations, including the reason for the transfer.
``(B) Each transfer during the first six months of the
fiscal year in which the report
[[Page 999]]
is submitted of amounts provided in an appropriation Act to
the Department of Defense for an activity referred to in
paragraph (3) within that appropriation for any other such
activity, including the reason for the transfer.
``(3) The activities referred to in paragraphs (1) and (2)
are the following:
``(A) Activities for which amounts are appropriated for the
Army for operations and maintenance for operating forces for
(i) combat units, (ii) tactical support, and (iii) force-
related training/special activities.
``(B) Activities for which amounts are appropriated for the
Navy for operations and maintenance for operating forces for
(i) mission and other flight operations, (ii) mission and
other ship operations, (iii) fleet air training, and (iv)
ship operational support and training.
``(C) Activities for which amounts are appropriated for the
Air Force for operations and maintenance for operating forces
for (i) primary combat forces, (ii) primary combat weapons,
(iii) global and early warning, and (iv) air operations
training.
``(c) Limitation.--The Secretary of Defense may not
transfer an amount that exceeds $20,000,000 of amounts
provided in an appropriation Act to the Department of Defense
for the activities referred to in subsection (b)(3) between
appropriations or within that appropriation for any other
such activity until--
``(1) the Congress is notified of the transfer; and
``(2) a period of 30 days elapses after such notification
is received.''.
(b) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 116. Operations and maintenance activities:
congressional oversight''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 2 of such title is
amended to read as follows:
``116. Operations and maintenance activities: congressional
oversight.''.
(c) Conforming Repeal.--Section 377 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
107 Stat. 1638) is repealed.
SEC. 312. LIMITATION ON RETENTION OF MORALE, WELFARE, AND
RECREATION FUNDS BY MILITARY INSTALLATIONS.
(a) Limitation.--Chapter 131 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2219. Retention of morale, welfare, and recreation
funds by military installations: limitation
``Amounts may not be retained in a nonappropriated morale,
welfare, and recreation account of a military installation of
a military department in excess of the amount necessary to
meet working capital requirements of that installation.
Amounts in excess of that amount shall be transferred to a
single, department-wide nonappropriated morale, welfare, and
recreation account of the military department.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2219. Retention of morale, welfare, and recreation funds by military
installations: limitation.''.
SEC. 313. PROHIBITION ON USE OF APPROPRIATED FUNDS FOR
OPERATION OF ARMED FORCES RECREATION CENTER,
EUROPE.
No funds appropriated to the Department of Defense for any
fiscal year may be used to operate the Armed Forces
Recreation Center, Europe, except that such funds may be used
for the payment of utilities, emergency repairs, and
transportation of United States products for the Center.
SEC. 314. LIMITATION ON USE OF SPECIFICATIONS FOR PROCUREMENT
OF SUBSISTENCE ITEMS.
(a) In General.--Chapter 137 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2332. Subsistence items: limitation on use of
specifications and restrictions in procurement of
``(a) Limitation.--Except as provided in subsection (b),
the Secretary of Defense may not use specifications or
restrictions in the procurement of subsistence items for use
at military installations.
``(b) Exception.--The Secretary of Defense may use
specifications and restrictions in the procurement of field
rations and shipboard rations (including tray packs and meals
ready-to-eat), except that any such specifications and
restrictions shall be developed consistent with the
preference of the Department of Defense for commercial
items.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2332. Subsistence items: limitation on use of specifications and
restrictions in procurement of.''.
Subtitle C--Depot-Level Activities
SEC. 321. FINDINGS.
The Congress finds the following:
(1) By providing the Armed Forces with a critical capacity
to respond to the needs of the Armed Forces for depot-level
maintenance and repair of weapon systems and equipment, the
depot-level maintenance and repair activities of the
Department of Defense play an essential role in maintaining
the readiness of the Armed Forces.
(2) The consolidation of entities within the defense
industry has jeopardized the capability of the defense
industry to perform maintenance and repair of weapon systems
and equipment.
(3) The defense industry maintains not less than 60 percent
of the total capability to perform maintenance and repair of
weapon systems and equipment.
(4) The capability of the depot-level maintenance and
repair activities of the Department of Defense to perform
maintenance and repair of weapon systems and equipment should
not be determined by policies established by the defense
industry.
(5) Reductions in the number of civilian employees of the
depot-level maintenance and repair activities of the
Department of Defense may account for approximately 80
percent of all reductions in the coming years in the number
of civilian employees of the Department.
(6) An increase from one fiscal year to the next in the
amount of funds available for the maintenance and repair of
weapon systems and equipment does not necessarily result in a
corresponding increase in the performance of such maintenance
and repair.
SEC. 322. MODIFICATION OF LIMITATION ON PERFORMANCE OF DEPOT-
LEVEL MAINTENANCE.
(a) Modification.--Subsection (a) of section 2466 of title
10, United States Code, is amended to read as follows:
``(a) Percentage Limitation.--Not more than 40 percent of
the funds made available in a fiscal year to a military
department or a Defense Agency for depot-level maintenance
and repair workload may be used to contract for the
performance by non-Federal Government personnel of such
workload for the military department or the Defense Agency.
Any such funds that are not used for such a contract shall be
used for the performance of depot-level maintenance and
repair workload by employees of the Department of Defense.''.
(b) Inclusion of Repair Activities.--Subsection (b) of such
section is amended by inserting ``and repair'' after
``maintenance'' each place it appears.
(c) Computation of Percentage.--Such section is further
amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Computation of Percentage.--In computing for purposes
of subsection (a) the percentage of funds referred to in that
subsection that are used to contract for the performance of
depot-level maintenance and repair workload, the Secretary of
the military department, or in the case of a Defense Agency,
the Secretary of Defense shall include in the computation any
funds provided for the performance by such personnel of the
following:
``(1) Interim contractor support.
``(2) Contract logistic support.
``(3) Maintenance and repair workload above the unit level.
``(4) The provision of materials and parts.''.
(d) Report.--Subsection (f) of such section, as
redesignated by subsection (c)(1), is amended to read as
follows:
``(f) Report.--Not later than January 15, 1995, the
Secretary of Defense shall submit to the Congress a report
describing the progress during the preceding fiscal year by
each military department and Defense Agency to achieve and
maintain the percentage of depot-level maintenance and repair
required to be performed by employees of the Department of
Defense pursuant to subsection (a).''.
SEC. 323. LIMITATION ON THE PERFORMANCE OF DEPOT-LEVEL
MAINTENANCE OF MATERIEL FOR NEW WEAPON SYSTEMS.
(a) Limitation.--Subsection (a) of section 2466 of title
10, United States Code, as amended by section 322 of this
Act, is amended--
(1) by inserting ``(1)'' before ``Not more than 40
percent''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary concerned shall, within 5 years after
the initial delivery of a weapon system by a contractor to
the Department of Defense, provide for the performance by
employees of the Department of Defense of not less than 60
percent of the depot-level maintenance of the weapon
system.''.
(b) Effective Date.--The amendments made by this section
shall apply only with respect to a weapon system initially
delivered after the date of the enactment of this Act.
SEC. 324. AUDITS TO MONITOR COST GROWTH OF CONTRACTS TO
PERFORM DEPOT-LEVEL MAINTENANCE AND REPAIR.
(a) Requirement.--Chapter 146 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2470. Audits of cost growth in contracts to perform
depot-level maintenance and repair
``The Secretary of Defense shall audit contracts entered
into by the Department of Defense for the performance of
depot-level maintenance and repair to monitor the costs
incurred by the contractor to perform the contract. An audit
of a contract under this section shall be performed at least
once during the period in which the contract is performed and
shall take account of any costs incurred by the contract in
excess of the
[[Page 1000]]
amount proposed by the contractor to perform the contract or
in excess of costs incurred by the contractor during the
previous year.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2470. Audits of cost growth in contracts to perform depot-level
maintenance and repair.''.
SEC. 325. CONSIDERATION OF COSTS OF CLOSING DEPARTMENT OF
DEFENSE DEPOTS IN CERTAIN COST COMPARISONS.
Section 2467 of title 10, United States Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Requirement To Consider Costs of Closing Depots.--In
any comparison conducted by the Department of Defense of the
cost of performing depot-level maintenance and repair work by
non-Federal Government personnel and the cost of performing
such work by employees of the Department of Defense, the
Secretary of Defense shall, to the maximum extent
practicable, consider the estimated cost (including the cost
to perform any necessary environmental restoration of the
facility) that would be incurred if the Department of Defense
were required to close a Department of Defense defense depot-
level facility as a result of awarding the contract to non-
Federal Government personnel to perform such work.''.
SEC. 326. AUTHORITY FOR DEPOT-LEVEL ACTIVITIES OF THE
DEPARTMENT OF DEFENSE TO COMPETE FOR
MAINTENANCE AND REPAIR WORKLOADS OF OTHER
FEDERAL AGENCIES.
(a) In General.--Chapter 146 of title 10, United States
Code, as amended by section 324 of this Act, is further
amended by adding at the end the following new section:
``Sec. 2471. Depot-level activities of the Department of
Defense: authority to compete for maintenance and repair
workloads of other Federal agencies
``A depot-level activity of the Department of Defense shall
be eligible to compete for the performance of any depot-level
maintenance and repair workload of a Federal agency for which
competitive procedures are used to select the entity to
perform the workload.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2471. Depot-level activities of the Department of Defense: authority
to compete for maintenance and repair workloads of other
Federal agencies.''.
SEC. 327. AUTHORITY OF DEPOTS TO PROVIDE SERVICES OUTSIDE OF
THE DEPARTMENT OF DEFENSE.
(a) In General.--Chapter 146 of title 10, United States
Code, as amended by section 326 of this Act, is further
amended by adding at the end the following new section:
``Sec. 2472. Persons outside the Department of Defense: lease
of excess depot-level equipment and facilities by
``(a) Authority To Lease Excess Equipment and Facilities.--
Subject to subsection (b), the Secretary of a military
department and, with respect to a Defense Agency, the
Secretary of Defense, may lease excess equipment and
facilities of a depot-level activity of the military
department, or the Defense Agency, to a person outside the
Department of Defense for the performance of depot-level
maintenance and repair work by such person.
``(b) Limitations.--A lease under subsection (a) may be
entered into only if--
``(1) the lease of any such equipment or facilities will
not have a significant adverse effect on the readiness of the
armed forces, as determined by the Secretary concerned;
``(2) the person leasing such equipment or facilities
agrees to reimburse the Department of Defense for the costs
(both direct and indirect costs, including any rental costs,
as determined the Secretary concerned) attributable to the
lease of such equipment or facilities;
``(3) the person leasing such equipment or facilities
agrees to hold harmless and indemnify the United States,
except in cases of willful conduct or extreme negligence,
from any claim for damages or injury to any person or
property arising out the lease of such equipment or
facilities; and
``(4) the person leasing such equipment or facilities
agrees to hold harmless and indemnify the United States from
any liability or claim for damages or injury to any person or
property arising out of a decision by the Secretary concerned
to suspend or terminate the lease in times of war or national
emergency.
``(c) Credit to General Fund.--Any reimbursement received
under this section shall be credited to the General Fund of
the Treasury.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2472. Persons outside the Department of Defense: lease of excess
depot-level equipment and facilities by.''.
SEC. 328. MAINTENANCE OF SUFFICIENT DEPOT-LEVEL FACILITIES,
ACTIVITIES, AND EMPLOYEES OF THE DEPARTMENT OF
DEFENSE.
The Secretary of Defense shall maintain sufficient depot-
level activities and facilities of the Department of Defense
and a sufficient number of employees of the Department that
are assigned to the performance of depot-level maintenance
and repair to carry out this subtitle and the amendments made
by this subtitle. The Secretary of Defense should seek to
ensure that the military departments maintain depot-level
maintenance and repair capabilities necessary to ensure their
critical readiness requirements.
SEC. 329. REUTILIZATION INITIATIVE FOR DEPOT-LEVEL
ACTIVITIES.
(a) Pilot Program Authorized.--During fiscal year 1995, the
Secretary of Defense shall carry out a pilot program to
encourage commercial firms to enter into partnerships with
depot-level activities of the military departments for the
purpose of--
(1) demonstrating commercial uses of such depot-level
activities that are related to the principal mission of such
depot-level activities;
(2) preserving employment and skills of employees currently
employed by such depot-level activities or providing for the
reemployment and retraining of employees who, as the result
of the closure, realignment, or reduced in-house workload of
such activities, may become unemployed; and
(3) supporting the goals of other defense conversion,
reinvestment, and transition assistance programs while also
allowing such depot-level activities to remain in operation
to continue to perform their defense readiness mission.
(b) Participants in Pilot Program.--The Secretary shall
designate not less than six depot-level activities of the
military departments to participate in the pilot program
under this section. Of these depot-level activities, at least
two shall be depot-level activities of the Department of the
Army, at least two shall be depot-level activities of the
Department of the Navy, and at least two shall be depot-level
activities of Department of the Air Force.
(c) Conditions on Pilot Program.--In carrying out the pilot
program under this section, the Secretary shall ensure that
the program--
(1) does not interfere with the closure or realignment of a
depot-level activity of the military departments under a base
closure law; and
(2) does not adversely affect the readiness or primary
mission of a participating depot-level activity.
(d) Funding for Fiscal Year 1995.--Of the amounts
authorized to be appropriated under section 301, $100,000,000
shall be available only to carry out the pilot program under
this section.
Subtitle D--Defense Business Operations Fund
SEC. 341. OVERSIGHT OF DEFENSE BUSINESS OPERATIONS FUND.
(a) Extension of Authority.--Section 316(a) of the National
Defense Authorization Act for Fiscal Years 1992 and 1993 (10
U.S.C. 2208 note) is amended by striking out ``During the
period'' and all that follows through ``December 31, 1994,
the'' and inserting in lieu thereof ``The''.
(b) Limitation on Transfers.--Except as otherwise provided
in this Act, the Secretary of Defense may not transfer
amounts to or from the Defense Business Operations Fund from
or to any other account or source until after the expiration
of 30 days from the date on which the Secretary transmits to
the Congress a notification of the Secretary's intent to make
the transfer.
(c) Prohibition on Advance Charges.--(1) After September
30, 1995, the Secretary of Defense may not charge for goods
and services provided through the Defense Business Operations
Fund in advance of the provision of such goods and services.
(2) The payment of amounts to the Defense Business
Operations Fund from another fund or activity of the
Department of the Defense may be made only for goods or
services actually provided by the Defense Business Operations
Fund.
(d) Purchase From Other Sources.--The Secretary of Defense
or the Secretary of a military department may purchase goods
and services that are available for purchase from the Defense
Business Operations Fund from a source other than the Defense
Business Operations Fund if the Secretary determines that
such source offers a more competitive rate for the goods and
services than the Defense Business Operations Fund offers.
(e) Annual Reports and Budget.--(1) The Secretary of
Defense shall annually submit to the Congress, at the same
time that the President submits the budget under section 1105
of title 31, United States Code, the following:
(A) A detailed report that contains a statement of all
receipts and disbursements of the Defense Business Operations
Fund (including such a statement for each subaccount of the
Fund) for the year for which the report is submitted.
(B) A detailed proposed budget for the operation of the
Defense Business Operations Fund for the fiscal year for
which the budget is submitted.
(2) Not later than September 30 each year, the Secretary of
Defense shall submit to the Congress a report that contains a
comparison of the amounts actually expended for the operation
of the Defense Business Operations
[[Page 1001]]
Fund for the fiscal year ending on that September 30 with the
amount proposed for the operation of the Defense Business
Operations Fund for that fiscal year in the President's
budget.
(f) Limitation on Inclusion of Certain Costs in DBOF
Charges.--A charge for a good or service provided through the
Defense Business Operations Fund may not include amounts
necessary to recover losses incurred by the Defense Business
Operations Fund that are unrelated to the good or service or
amounts to cover costs incurred in connection with the
closure or realignment of a military installation.
(g) Limitation on Accumulation of Funds.--(1) The Secretary
of Defense shall establish billing procedures to ensure that
the balance in the Defense Business Operations Fund does not
exceed $300,000,000 more than amount necessary to provide for
the working capital requirements of the Defense Business
Operations Fund, as determined by the Secretary.
(2) The Secretary may waive the limitation described in
this subsection if the Secretary determines that such waiver
is critical to the national security of the United States.
The Secretary shall immediately notify the Congress of any
such waiver and the reasons for the waiver.
SEC. 342. REVIEW BY COMPTROLLER GENERAL OF CHARGES IMPOSED BY
DEFENSE BUSINESS OPERATIONS FUND.
(a) Review.--The Comptroller General of the United States
shall review the charges for goods and services provided by
the Defense Business Operations Fund, including a review of--
(1) charges for goods and services provided by the Defense
Business Operations Fund, including a comparison of charges
imposed for the provision of goods and services to the
military departments and Defense Agencies with charges
imposed for the provision of goods and services to persons
outside the Department of Defense;
(2) charges imposed by the Defense Business Operations Fund
for overhead costs and service charges; and
(3) the extent to which charges imposed by the Defense
Business Operations Fund provide an advantage or disadvantage
for the military departments and Defense Agencies or for
persons outside the Department of Defense for whom such goods
and services are provided.
(b) Report.--Not later than April 15, 1995, the Comptroller
General of the United States shall submit to the Congress a
report on the results of the review conducted under
subsection (a) and the recommendations of the Comptroller
General for any legislative and administrative action the
Comptroller General considers to be appropriate.
Subtitle E--Department of Defense Domestic and Overseas Schools
SEC. 351. REAUTHORIZATION OF DEPARTMENT OF DEFENSE DOMESTIC
ELEMENTARY AND SECONDARY SCHOOLS FOR MILITARY
DEPENDENTS.
(a) Continued Authority To Provide for Education of
Military Dependents When Local Agencies are Unable to.--
Chapter 108 of title 10, United States Code, is amended by
adding at the end the following new section:
``Sec. 2164. Department of Defense domestic dependent
elementary and secondary schools
``(a) Authority of Secretary.--If the Secretary of Defense
makes a determination that appropriate educational programs
are not available through a local educational agency for
dependents of members of the armed forces residing on or near
a military installation in the United States (including
territories, commonwealths, and possessions of the United
States), the Secretary may provide for the elementary or
secondary education of such dependents.
``(b) Factors To Be Considered.--Factors to be considered
by the Secretary of Defense in making a determination under
subsection (a) shall include the following:
``(1) The extent to which such dependents are eligible for
free public education in the local area adjacent to the
military installation.
``(2) The extent to which the local educational agency is
able to provide an appropriate educational program for such
dependents. For purposes of this section, an appropriate
educational program, as determined by the Secretary, is a
program comparable to a program of free public education
provided for children--
``(A) in similar communities in the State, in the case of a
military installation located in a State;
``(B) in similar communities in adjacent States, in the
case of a military installation adjacent to or located in
more than one State; and
``(C) in the District of Columbia, in the case of a
military installation located in a territory, commonwealth,
or possession, except that an appropriate educational program
under this subparagraph is also a program of education
conducted in the English language.
``(c) Education for Dependents of Federal Employees.--(1)
An individual who is a dependent of a Federal employee
residing at any such military installation at any time during
the school year may enroll in an educational program provided
by the Secretary of Defense pursuant to subsection (a).
``(2)(A) Except as provided in subparagraph (B), an
individual who is a dependent of a Federal employee, who is
enrolled in an educational program provided by the Secretary
pursuant to subsection (a), and who is not living on the
military installation may be enrolled in the program for not
more than five consecutive school years.
``(B) An individual referred to in subparagraph (A) may be
enrolled in the program for more than five consecutive school
years if the Secretary determines, after consideration of the
individual's educational well-being, that good cause exists
to extend the enrollment for more than the five-year period
described in such subparagraph. Any such extension may be
made for only one school year at a time.
``(C) For purposes of this paragraph, the five-year period
described in subparagraph (A) begins on the date the
individual enrolls in the program pursuant to this section or
pursuant to any provision of law enacted before the date of
the enactment of this section that provided eligibility to
the individual for enrollment in a similar program.
``(3) An individual enrolled in a program under this
subsection may participate in the program for the remainder
of the school year notwithstanding a change in status of the
Federal employee with respect to whom the individual is a
dependent, except that any such individual may be removed
from enrollment in the program at any time for good cause, as
determined by the Secretary.
``(d) Establishment of School Boards.--(1) The Secretary of
Defense shall provide for the establishment of a school board
for each Department of Defense elementary or secondary school
established for a military installation under this section.
``(2) Each school board established for a school under
paragraph (1) shall be elected by the parents of individuals
attending the school. Meetings conducted by the school board
shall be open to the public.
``(3)(A) A school board elected for a school under this
subsection may develop fiscal, personnel, and educational
policies and procedures for the school, including fiscal,
personnel, and educational program management, except that
the Secretary may issue any directive to the school board and
school administrative officials the Secretary considers
necessary for the effective operation of the school or the
entire school system.
``(B) Any directive referred to in subparagraph (A) shall,
to the maximum extent practicable, be issued only after
consultation with appropriate school boards elected under
this subsection. The Secretary shall establish a process by
which a school board or school administrative officials may
formally appeal such directives directly to the Secretary.
Consideration of such appeals may not be delegated below the
Secretary of Defense.
``(e) Staff.--(1) The Secretary of Defense, in coordination
with the school board established for a school under
subsection (d), may enter into such arrangements as may be
necessary to provide educational programs under this section.
``(2) The Secretary may, without regard to the provisions
of any other law relating to the number, classification, or
compensation of employees--
``(A) establish such positions for civilian employees in
schools established under this section;
``(B) appoint individuals to such positions; and
``(C) fix the compensation of such individuals for service
in such positions.
``(3)(A) Except as provided in subparagraph (B), in fixing
the compensation of employees appointed under paragraph (2),
the Secretary, in coordination with the school board
established for a school under subsection (d), shall
consider--
``(i) the compensation of comparable employees of the local
educational agency in the capital of the State where the
military installation is located;
``(ii) the compensation of comparable employees in the
local educational agency that provides public education to
students who live adjacent to the military installation; or
``(iii) the average compensation for similar positions in
not more than three other local educational agencies, as
determined by the Secretary and the appropriate local school
boards in the State in which the military installation is
located.
``(B) In fixing the compensation of employees in schools
established in the territories, commonwealths, and
possessions under this section or any other provision of law
enacted before the date of the enactment of this section that
provided for similar schools, the Secretary shall determine
the level of compensation required to attract qualified
employees. For employees in such schools, the Secretary, in
coordination with the local school boards and without regard
to the provisions of title 5, may arrange for the tenure,
leave, hours of work, and other incidents of employment on a
similar basis as is provided for comparable positions in the
public schools of the District of Columbia.
``(f) Reimbursement.--When the Secretary of Defense
provides educational services under this section to an
individual who is a dependent of an employee of another
Federal agency, the head of the other Federal agency shall,
upon request of the Secretary of Defense, reimburse the
Secretary of Defense for those services at rates routinely
prescribed by the Secretary of Defense for those services.
Any payments received by the Secretary of Defense under this
section shall be credited to the account designated by the
Secretary for the operation of educational programs under
this section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
[[Page 1002]]
``2164. Department of Defense domestic dependent elementary and
secondary schools.''.
(c) Savings Provision.--Nothing in section 2164 of title
10, United States Code, as added by subsection (a), shall be
construed as affecting the rights in existence on the date of
the enactment of this Act of an employee of any school
established under such section (or any other provision of law
enacted before the date of the enactment of this Act that
established a similar school) to negotiate or bargain
collectively with the Secretary with respect to wages, hours,
and other terms and conditions of employment.
SEC. 352. SURVEY AND PILOT PROGRAM FOR THE TRANSFER OF
DEPARTMENT OF DEFENSE DOMESTIC DEPENDENT
ELEMENTARY AND SECONDARY SCHOOLS TO APPROPRIATE
LOCAL EDUCATIONAL AGENCIES.
(a) Survey.--(1) The Secretary of Defense shall conduct a
survey of each Department of Defense domestic dependent
elementary and secondary school operated by the Department of
Defense to determine the feasibility of, and actions
necessary to be taken to provide for, the transfer of that
school to the appropriate local educational agency.
(2) The Secretary of Defense shall coordinate the conduct
of the survey of each such school with representatives of the
local educational agency referred to in paragraph (1) and of
parent organizations representing parents of students
enrolled in the school.
(3) Issues addressed by the survey shall include--
(A) the opinions and attitudes of such parents with respect
to the appropriate entity to operate the school;
(B) the position of the local educational agency and the
appropriate education officials of the State in which the
school is located regarding the extent to which the transfer
of the school to the local educational agency is feasible and
desirable, including the financial and legal justifications
for that position; and
(C) the requirements, as specified by the local educational
agency and the appropriate education officials of the State
in which the school is located, for financial support,
military construction, and any other support provided by the
Department of Defense in order to complete the transfer of
the school to the local educational agency.
(4) Not later than June 30, 1995, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
results of the survey. The report shall include the
recommendations of the Secretary with respect to the transfer
of each such school.
(b) Pilot Program.--(1) The Secretary of Defense shall
conduct a pilot program to assess the potential for the
transfer of Department of Defense domestic dependent
elementary and secondary schools to appropriate local
educational agencies.
(2) The Secretary of Defense shall select two schools for
participation in the pilot program based on the results of
the survey conducted by the Secretary under subsection (a).
The Secretary shall provide for the transfer of each such
school to the appropriate local educational agency not later
than the date on which the 1995 school year begins for that
school.
(3) Not later than March 31, 1996, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report on the results
of the pilot program. The report shall include the
recommendation of the Secretary with respect to the extent to
which other Department of Defense domestic dependent
elementary and secondary schools should be transferred to
appropriate local educational agencies.
(c) Limitation.--A Department of Defense domestic dependent
elementary or secondary school may not be transferred to a
local educational agency under this section except on terms
that are agreeable to the local educational agency.
SEC. 353. REPORT ON CALCULATION AND RECOVERY OF TUITION COSTS
OF CERTAIN STUDENTS ENROLLED IN SCHOOLS OF THE
DEFENSE DEPENDENTS' EDUCATION SYSTEM.
(a) Report.--Not later than March 31, 1995, the Secretary
of Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives and the Committee
on Education and Labor of the House of Representatives a
report on the calculation and application of the tuition rate
required to be determined under section 1404(b) of the
Defense Dependents' Education Act of 1978 (20 U.S.C. 923(b)).
(b) Contents of Report.--The report required by subsection
(a) shall contain the following:
(1) A description of--
(A) the costs included in the tuition rate;
(B) the method by which the tuition rate is determined; and
(C) the method by which any increase in the tuition rate is
determined.
(2) An analysis of--
(A) the variation in the cost of providing educational
services in the defense dependents' education system in
different geographic locations; and
(B) the extent to which the imposition of a uniform tuition
rate enables the system to receive adequate funds to defray
the cost of providing educational services to tuition-paying
students.
(3) Recommendations of the Secretary with respect to
improvements that may be made in the determination and
application of the tuition rate.
SEC. 354. AUTHORITY TO ACCEPT GIFTS FOR DEPARTMENT OF DEFENSE
DOMESTIC ELEMENTARY AND SECONDARY SCHOOLS.
(a) Authority.--Section 2605 of title 10, United States
Code, is amended--
(1) by striking out ``the defense dependents' education
system provided for under the Defense Dependents' Education
Act of 1978 (20 U.S.C. 921 et seq.)'' in subsection (a) and
inserting in lieu thereof ``a defense dependents' school'';
and
(2) by striking out ``the defense dependent's education
system'' in subsection (b) and inserting in lieu thereof
``defense dependents' schools''.
(b) Definition.--Such section is further amended by adding
at the end the following new subsection:
``(g) In this section, the term `defense dependents'
school' means the following:
``(1) A school established as part of the defense
dependents' education system provided for under the Defense
Dependents' Education Act of 1978 (20 U.S.C. 921 et seq.).
``(2) An elementary or secondary school established
pursuant to section 2164 of this title.''.
(c) Clerical Amendment.--(1) The heading of such section is
amended to read as follows:
``Sec. 2605. Acceptance of gifts for defense dependents'
schools''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 155 of such title is
amended to read as follows:
``2605. Acceptance of gifts for defense dependents' schools.''.
Subtitle F--Other Matters
SEC. 361. MODIFICATION OF FEES PAID BY RESIDENTS OF ARMED
FORCES RETIREMENT HOME.
(a) In General.--Paragraph (2) of section 1514(c) of the
Armed Forces Retirement Home Act of 1991 (24 U.S.C.
414(c)(2)) is amended to read as follows:
``(2) The fee shall be fixed as a percentage of the monthly
income and monthly payments (including Federal payments)
received by a resident, subject to such adjustments in the
fee as the Retirement Home Board may make under paragraph
(1). The percentage shall be the same for each establishment
of the Retirement Home.''.
(b) Application of Modified Fees to All Residents.--(1)
Subsections (d) and (e) of section 1514 of such Act are
repealed.
(2) Such section is further amended by adding after
subsection (c) the following new subsection (d):
``(d) Application of Fees.--Subject to such adjustments in
the fee as the Retirement Home Board may make under
subsection (c), each resident of the Retirement Home shall be
required to pay a monthly fee equal to--
``(1) in the case of a resident who is receiving assisted-
living services at the Retirement Home, 65 percent of all
monthly income and monthly payments (including Federal
payments) received by the resident; and
``(2) in the case of a resident who is not receiving
assisted-living services at the Retirement Home, 40 percent
of all such monthly income and monthly payments.''.
(c) Effective Date.--The amendments made by this section
shall take effect one year after the date of the enactment of
this Act.
SEC. 362. NATIONAL GUARD YOUTH PROGRAM.
(a) Authority.--Chapter 5 of title 32, United States Code,
is amended by adding at the end the following new section:
``Sec. 508. Assistance to certain youth organizations
``(a) Members or units of the National Guard may provide
the services described in subsection (b) to an organization
described in subsection (c) in conjunction with training
required under this chapter if--
``(1) the provision of such services does not degrade the
quality of the training or otherwise interfere with the
ability of any unit to perform its military functions;
``(2) the services provided are not commercially available
or affected commercial entities have agreed in writing not to
object to the provision of the services;
``(3) members of the National Guard providing the services
perform activities which enhance their skills in their
military specialties; and
``(4) such assistance does not materially increase the cost
of training activities under this chapter.
``(b) Services which may be provided under this section are
the following:
``(1) Ground transportation.
``(2) Limited air transportation, but only in the case of
the Special Olympics.
``(3) Administrative support.
``(4) Technical training.
``(5) Emergency medical assistance.
``(6) Communications.
``(c) The organizations which may be assisted under this
section are the following:
``(1) The Boy Scouts of America.
``(2) The Girl Scouts of America.
``(3) The Boys and Girls Clubs of America.
``(4) The YMCA.
``(5) The YWCA.
``(6) The Civil Air Patrol.
``(7) The Special Olympics.
``(8) Campfire Boys and Girls.
``(9) The 4-H Club.
``(10) The Police Athletic League.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 5 of title 32, United States Code, is
amended by adding at the end the following item:
``508. Assistance to certain youth organizations.''.
[[Page 1003]]
SEC. 363. DEPARTMENT OF DEFENSE FOOD INVENTORY PROGRAM.
(a) Demonstration Project.--The Department of Defense Food
Inventory Demonstration Project (the implementation of which
was requested of the military departments and the Defense
Logistics Agency by the Deputy Under Secretary of Defense,
Logistics, in a memorandum dated August 16, 1993) shall be
completed by the Department of Defense not later than
September 30, 1995 and shall be expanded to cover two
geographic areas, as designated by the Secretary of Defense.
(b) Report.--Not later than October 1, 1995, the Secretary
of Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report on the
implementation of the demonstration project referred to in
subsection (a).
(c) Implementation of Program Throughout United States.--
Not later than October 1, 1996, the Secretary of Defense
shall provide for the expanded use throughout the United
States of full-line commercial food distributors to meet the
food requirements of the Department of Defense.
SEC. 364. DEPARTMENT OF DEFENSE SPECIAL SUPPLEMENTAL FOOD
PROGRAM.
(a) In General.--Chapter 53 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1060a. Special supplemental food program
``(a) Authority.--The Secretary of Defense may carry out a
program to provide special supplemental food benefits to
members of the armed forces on duty at stations outside the
United States (and its territories and possessions) and to
eligible civilians serving with, employed by, or accompanying
the armed forces outside the United States (and its
territories and possessions).
``(b) Federal Payments and Commodities.--For the purpose of
obtaining Federal payments and commodities in order to carry
out the program referred to in subsection (a), the Secretary
of Defense shall make available, from funds appropriated for
such purpose, the same payments and commodities as are made
for the special supplemental food program in the United
States under section 17 of the Child Nutrition Act of 1966
(42 U.S.C. 1786).
``(c) Program Administration.--(1)(A) The Secretary of
Defense shall administer the program referred to in
subsection (a) and, except as provided in subparagraph (B),
shall determine eligibility for program benefits under the
criteria published by the Secretary of Agriculture under
section 17 of the Child Nutrition Act of 1966 (42 U.S.C.
1786).
``(B) The Secretary of Defense shall prescribe regulations
governing computation of income eligibility standards for
families of individuals participating in the program under
this section.
``(2) The program benefits provided under the program shall
be similar to benefits provided by State and local agencies
in the United States.
``(d) Departures from Standards.--The Secretary of Defense
may authorize departures from standards prescribed by the
Secretary of Agriculture regarding the supplemental foods to
be made available in the program when local conditions
preclude strict compliance or when such compliance is highly
impracticable.
``(e) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Defense
for operations and maintenance for any fiscal year in such
amounts as may be necessary for the administrative expenses
of the Department of Defense under this section.
``(f) Regulations.--The Secretary of Defense shall
prescribe regulations to administer the program authorized by
this section.
``(g) Definitions.--In this section:
``(1) The term `eligible civilian' means--
``(A) a dependent of a member of the armed forces residing
with the member outside the United States;
``(B) a employee of a military department who is a national
of the United States and is residing outside the United
States in connection with such individual's employment or a
dependent of such individual residing with the employee
outside the United States; or
``(C) an employee of a Department of Defense contractor who
is a national of the United States and is residing outside
the United States in connection with such individual's
employment or a dependent of such individual residing with
the employee outside the United States.
``(2) The term `national of the United States' means--
``(A) a citizen of the United States; or
``(B) a person who, though not a citizen of the United
States, owes permanent allegiance to the United States (as
defined in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22))).
``(3) The term `dependent' has the meaning given such term
in subparagraphs (A), (D), (E), and (I) of section 1072(2) of
this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 53 of title 10, United States Code, is
amended by adding at the end the following new item:
``1060a. Special supplemental food program.''.
SEC. 365. TRANSPORTATION OF THE REMAINS OF DECEASED RETIRED
MEMBERS WHO DIE OUTSIDE OF THE UNITED STATES.
(a) Authority.--Section 1481 of title 10, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking out ``the remains of--'' and inserting in
lieu thereof ``the remains of the following:'';
(B) by amending the first word in each paragraph by
capitalizing the first letter of that first word;
(C) by striking out ``and'' after the semicolon in
paragraph (7);
(D) by striking out the semicolon at the end of each
paragraph and inserting in lieu thereof a period; and
(E) by inserting after paragraph (8) the following new
paragraph:
``(9) To the extent authorized under section 1482(g) of
this title, any retired member of an armed force or a
dependent of such a member who dies while outside the United
States.''; and
(2) by adding at the end the following new subsection:
``(c) In this section, the term `dependent' has the meaning
given such term in section 1072(2) of this title.''.
(b) Expenses Incident to Death.--Section 1482 of such title
is amended by adding at the end the following new subsection:
``(g) The payment of expenses incident to the recovery,
care, and disposition of a decedent covered by section
1481(a)(9) of this title is limited to the payment of
expenses described in paragraphs (1) through (5) of
subsection (a) and air transportation of the remains from a
location outside the United States to a point of entry in the
United States. Such air transportation may be provided
without reimbursement on a space-available basis in military
or military-chartered aircraft. The Secretary concerned shall
pay all other expenses authorized to be paid under this
subsection only on a reimbursable basis. Amounts reimbursed
to the Secretary concerned under this subsection shall be
credited to appropriations available, at the time of
reimbursement, for the payment of such expenses.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to the remains of, and incidental
expenses incident to the recovery, care, and disposition of,
an individual who dies after the date of the enactment of
this Act.
SEC. 366. AUTHORITY TO TRANSPORT THE REMAINS OF CERTAIN
DECEASED VETERANS ON DEPARTMENT OF DEFENSE
AEROMEDICAL EVACUATION AIRCRAFT.
(a) Transportation Authorized.--Subsection (a) of section
2641 of title 10, United States Code, is amended by inserting
before the period the following: ``or of transporting the
remains of a deceased veteran who died at the facility after
being transported to the facility under this subsection.
Transportation of the remains of a deceased veteran under
this subsection may be provided to the place from which the
veteran was transported to the facility or to any other
destination which is not farther away from the facility than
such place''.
(b) Conforming Amendments.--Such section is further
amended--
(1) in subsection (b)--
(A) by inserting ``or for the remains of a veteran'' after
``furnished to a veteran'';
(B) in paragraph (1), by inserting ``or of the remains of
such veteran'' after ``of such veteran''; and
(C) in paragraph (2), by inserting ``or the remains of the
veteran'' after ``for the veteran'';
(2) in subsection (d)(1)--
(A) by inserting ``or on the survivors of a veteran'' after
``on a veteran''; and
(B) by inserting ``or for the remains of the veteran''
after ``to the veteran''; and
(3) in subsection (d)(2), by inserting ``or for the remains
of veterans'' after ``to veterans''.
(c) Cross Reference Amendment.--Subsection (c) of such
section is amended by striking out ``5011(g)(5)'' and
inserting in lieu thereof ``8111(g)(5)''.
SEC. 367. MODIFICATION OF AIR FORCE SUPPORT FOR THE CIVIL AIR
PATROL.
(a) Provision of Funds.--Subsection (b) of section 9441 of
title 10, United States Code, is amended--
(1) by redesignating paragraphs (8), (9), (10), and (11) as
paragraphs (9), (10), (11), and (12), respectively; and
(2) by inserting after paragraph (7) the following new
paragraph (8):
``(8) provide funds for the national headquarters of the
Civil Air Patrol, including the provision (in advance of
payment) of funds for the payment of staff compensation and
benefits, administrative expenses, travel, per diem and
allowances, rent and utilities, and other operational
expenses;''.
(b) Liaisons.--Such section is further amended by adding at
the end the following new subsection:
``(d)(1) The Secretary of the Air Force may authorize the
Civil Air Patrol to employ, as administrators and liaison
officers, retired members of the Air Force whose
qualifications are approved under regulations prescribed by
the Secretary and who request such employment.
``(2) A retired member employed pursuant to paragraph (1)
may receive the member's retired pay and an additional amount
that is not more than the difference between the member's
retired pay and the pay and allowances the member would be
entitled to receive if ordered to active duty in the grade in
which the member retired. The additional amount shall be paid
to the Civil Air Patrol by the Secretary from funds generally
available to the Air Force for civil air assistance.
``(3) A retired member employed pursuant to paragraph (1)
shall not, while so employed, be considered to be on active
duty or inactive-duty training for any purpose.''.
[[Page 1004]]
SEC. 368. REVIEW AND REPORT ON USE OF OPERATIONS AND
MAINTENANCE FUNDS BY THE DEPARTMENT OF DEFENSE.
(a) Review.--The Secretary of Defense shall conduct a
review of each operations and maintenance account of the
Department of Defense to determine the extent to which funds
appropriated to the Department for operations and maintenance
accounts are used for an activity for which funds have been
appropriated to, or are more appropriately made available
from, accounts of the Department for procurement, research,
development, test, and evaluation, or military construction.
(b) Report.--Not later than March 31, 1995, the Secretary
of Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report that
contains the result of the review conducted by the Secretary
under subsection (a) and a report on the extent to which
funds appropriated to the Department of Defense for
operations and maintenance accounts are being used for an
activity for which funds have been appropriated to, or are
more appropriately made available from, accounts of the
Department for procurement, research, development, test, and
evaluation, or military construction.
SEC. 369. REQUIREMENT OF COMPARATIVE REPORT ON OPERATIONS AND
MAINTENANCE FUNDING.
(a) Requirement.--Subsection (a) of section 116 of title
10, United States Code, is amended by adding at the end the
following new paragraph:
``(3) The Secretary shall include in each such report a
comparison of the level of funding for operations and
maintenance for the next fiscal year with the level of
operations and maintenance funding for each previous fiscal
year beginning with fiscal year 1975, using constant dollars
and the same standard of comparison for each such fiscal
year.''.
(b) Development of Comparative Method.--Not later than
February 1, 1995, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a report on the development by the Secretary
of a method to make the comparison required under paragraph
(3) of section 116(a) of title 10, United States Code, as
added by subsection (a).
SEC. 370. AUTOMATED DATA PROCESSING PROGRAMS OF THE
DEPARTMENT OF DEFENSE.
(a) Limitation.--Of amounts authorized to be appropriated
under section 301, not more than $2,575,000,000 shall be
available for new development and modernization of automated
data processing programs of the Department of Defense. The
Secretary of Defense may not obligate or expend amounts in
excess of $2,000,000,000 for any such new development or
modernization until the Secretary--
(1) makes a determination that any such new development or
modernization is based on--
(A) a sound functional economic analysis;
(B) objectives of the defense information infrastructure;
(C) migratory assessment guidance provided by the Defense
Information Systems Agency; and
(D) Department of Defense directives on life cycle
management; and
(2) establishes performance measures and management
controls to oversee and manage the accelerated implementation
of migration systems, data standards, and process
improvement.
(b) Reports.--(1) Not later than December 15, 1994, the
Secretary of Defense shall submit to the Congress a report on
the establishment by the Secretary of performance measures
and management controls to ensure, to the maximum extent
practicable, the best possible return on investment for any
funds used by the Secretary for new development and
modernization of automated data processing programs of the
Department of Defense.
(2) Not later than March 15 and December 15 of each year,
the Secretary of Defense shall submit to the Congress a
report on the progress made by the Secretary in improving the
defense information infrastructure, realizing a reduction in
the overall support infrastructure of the Department of
Defense, selecting and converting to migration systems,
establishing data standards, and improving the functional
business process for the automated data processing programs
of the Department. The report shall include information (by
functional area) on--
(A) the migration systems selected for the programs;
(B) the systems that will be migrated or eliminated;
(C) the total cost of migration, including conversion and
interface costs;
(D) the number of corporate data elements that have been
standardized; and
(E) the improvements that have been made to any such
process, including the savings that have been achieved by
such improvements.
(c) Review by the Comptroller General.--Not later than
March 1, 1995, the Comptroller General of the United States
shall submit to the Congress a report that contains an
evaluation of the performance measures and management
controls established by the Secretary of Defense to manage
and oversee the implementation of migration systems, data
standards, and process improvements for the automated data
processing programs of the Department of Defense.
SEC. 371. REVIEW BY DEFENSE INSPECTOR GENERAL OF COST GROWTH
IN CERTAIN CONTRACTS.
(a) In General.--(1) Chapter 146 of title 10, United States
Code, as amended by section 327, is further amended by adding
at the end the following new section:
``Sec. 2473. Cost growth in commercial contracts: review by
Inspector General
``(a) Review.--Each fiscal year, the Inspector General of
the Department of Defense shall conduct a review of not less
than 20 percent of existing contracts for the performance of
commercial activities which resulted from a cost comparison
study conducted by the Department of Defense under Office of
Management and Budget Circular A-76 (or any other successor
administrative regulation or policy) to determine the extent
to which the costs incurred by a contractor under any such
contract has exceeded the cost of the contract at the time
the contract was entered into.
``(b) Report.--Each year, not later than 30 days after the
day on which the President submits to the Congress the budget
for a fiscal year under section 1105 of title 31, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report
containing the results of the most recently conducted review
under subsection (a).''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``2473. Cost growth in commercial contracts: review by Inspector
General.''.
(b) Use of Funds.--Of amounts authorized to be appropriated
pursuant to section 301(12) for the Inspector General of the
Department of Defense, $10,000,000 shall be available to
conduct a review under subsection (a) for fiscal year 1995.
SEC. 372. COST COMPARISON STUDIES FOR CONTRACTS FOR ADVISORY
AND ASSISTANCE SERVICES.
(a) In General.--(1) Chapter 141 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2410l. Contracts for advisory and assistance services:
cost comparison studies
``(a) Requirement.--Before the Secretary of Defense enters
into a contract for the performance of advisory and
assistance services, the Secretary of Defense shall conduct a
comparison study of the cost of performing the services by
Department of Defense personnel and the cost of performing
the services by contractor personnel.
``(b) Waiver.--The Secretary of Defense may, pursuant to
guidelines established by the Secretary, waive the
requirement under subsection (a) to perform a cost comparison
study based on factors that are not related to cost.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``2410l. Contracts for advisory and assistance services: cost
comparison studies.''.
(b) Procedures for Conduct of Studies.--The Secretary of
Defense shall establish the following procedures:
(1) Procedures to carry out a cost comparison study under
section 2410l of title 10, United States Code, as added by
subsection (a). Such procedures may contain a requirement
that the cost comparison study include consideration of
factors that are not related to cost, including the quality
of the service required to be performed, the availability of
Department of Defense personnel, the duration and recurring
nature of the services to be performed, and the consistency
of the workload.
(2) Procedures to review contracts entered into after a
waiver under subsection (b) of such section to determine
whether the contract is justified and sufficiently
documented.
(c) Effective Date.--Section 2410l of title 10, United
States Code, as added by subsection (a), shall take effect
six months after the date of the enactment of this Act.
SEC. 373. REQUIREMENT AND PLAN FOR CONVERTING PERFORMANCE OF
CERTAIN POSITIONS TO PERFORMANCE BY DEPARTMENT
OF DEFENSE EMPLOYEES.
(a) Conversion to Performance by Employees.--In each of
fiscal years 1995, 1996, and 1997, the Secretary of Defense
shall change the performance of not less than 10,000
positions that, as of September 30, 1994, were designated to
be performed by members of the Armed Forces on active duty to
performance by employees of the Department of Defense.
(b) Plan.--Not later than March 31, 1995, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and House of Representatives a plan for the
implementation of subsection (a).
SEC. 374. USE OF SERVICE CONTRACT FUNDS FOR SEPARATION
INCENTIVE PROGRAMS FOR DEPARTMENT OF DEFENSE
EMPLOYEES.
During fiscal year 1995, any separation pay paid to an
employee of the Department of Defense pursuant to section
5597 of title 5, United States Code, or any other separation
incentive program shall be paid from funds appropriated to
the Department of Defense for operation and maintenance for
the purpose of entering into service contracts.
SEC. 375. NON-FEDERAL EMPLOYMENT INCENTIVE PILOT PROGRAM.
(a) Authority.--The Secretary of Defense may establish a
pilot program for employees
[[Page 1005]]
(as defined in subsection (g)) at military installations
scheduled for closure or realignment under which retraining
and relocation incentives may be paid to encourage non-
Federal employers to hire or retain such employees.
(b) Retraining Incentive.--(1) As part of the pilot
program, the Secretary may enter into an agreement with a
non-Federal employer under which the non-Federal employer
agrees to hire an employee for a mutually agreeable salary
for a minimum twelve-month period and to certify to the
Secretary the employer's cost to train the employee.
(2) The Secretary shall pay a retraining incentive to the
non-Federal employer upon the employee's completion of
employment for the twelve-month period referred to in
paragraph (1). The Secretary shall prorate the amount of the
retraining incentive paid to the non-Federal employer for an
employee who does not complete such employment for that
twelve-month period.
(c) Relocation Incentive.--An employee employed by a non-
Federal employer under the pilot program shall be eligible to
receive from the Secretary a relocation incentive for such
period of employment equal to the travel, transportation, and
subsistence expenses that would be authorized to be paid to
the employee under chapter 57 of title 5, United States Code
(including the reimbursement payment authorized under section
5724b of such title) if the employee were traveling on
official business away from the employee's designated post of
duty or away from the employee's home or regular place of
business during such period.
(d) Limitations.--A military department or a Defense Agency
may offer an incentive under the pilot program only with the
prior consent, or on the authority, of the Secretary. Any
such incentive may be paid for retraining, relocation, or a
combination of retraining and relocation, except that the
maximum amount that may be paid to a non-Federal employer to
hire an employee under the pilot program may not exceed
$10,000.
(e) Duration.--The pilot program shall terminate not later
than September 30, 1999.
(f) Definitions.--In this section:
(1) The term ``employee'' means an employee of a military
department or a Defense Agency, serving under an appointment
without time limitation, who has been currently employed by
the military department or Defense Agency for a continuous
period of at least 12 months and who has been given specific
notice of separation by reduction in force, except that such
term does not include--
(A) a reemployed annuitant under subchapter III of chapter
83 of title 5, United States Code, chapter 84 of such title,
or another retirement system for employees of the Government;
(B) an employee who is subject to subchapter III of chapter
83 of title 5, United States Code, or chapter 84 of such
title and who, at the time of separation from service, has
fulfilled the requirements for immediate annuity under such
subchapter or chapter; or
(C) an employee having a disability on the basis of which
such employee is or would be eligible for disability
retirement under any of the retirement systems referred to in
subparagraph (A).
(2) The term ``non-Federal employer'' means an employer
that is not the Federal Government.
SEC. 376. UNIFORM HEALTH BENEFITS PROGRAM FOR EMPLOYEES OF
THE DEPARTMENT OF DEFENSE ASSIGNED TO
NONAPPROPRIATED FUND INSTRUMENTALITIES.
(a) In General.--Not later than October 1, 1995, the
Secretary of Defense shall take such steps as may be
necessary to provide a uniform health benefits program for
employees of the Department of Defense assigned to a
nonappropriated fund instrumentality of the Department.
(b) Report.--The Secretary of Defense shall submit a report
on the implementation of subsection (a) to the Committees on
Armed Services of the Senate and House of Representatives not
later than March 15, 1995.
SEC. 377. OPERATION OF MILITARY EXCHANGE AND COMMISSARY STORE
AT NAVAL AIR STATION FORT WORTH, JOINT RESERVE
CENTER, CARSWELL FIELD.
The Secretary of Defense shall provide for the operation by
the Army and Air Force Exchange Service, until December 31,
1995, of any military exchange and commissary store located
at the Naval Air Station Fort Worth, Joint Reserve Center,
Carswell Field.
SEC. 378. SHIPS' STORES.
(a) Extension of Deadline for Conversion.--Section 371(a)
of the National Defense Authorization Act for Fiscal Year
1994 (10 U.S.C. 7604 note) is amended by striking out
``October 1, 1994'' and inserting in lieu thereof ``October
1, 1995''.
(b) Modification of Effective Date.--Section 371(d) of such
Act is amended by striking out ``shall take effect on the
date on which the Secretary of the Navy completes the
conversion referred to in subsection (a)'' and inserting in
lieu thereof ``shall take effect on October 1, 1994''.
SEC. 379. PROGRAM TO COMMEMORATE WORLD WAR II.
(a) Extension.--Section 378 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484;
106 Stat. 2387) is amended by striking out ``1995'' in
subsections (a) and (b) and inserting in lieu thereof
``1996''.
(b) Reimbursement of Certain Costs.--Such section is
further amended by adding at the end the following new
subsection:
``(g) Reimbursement for Certain Expenses.--The Secretary of
Defense may provide for reimbursement of expenses incurred by
a person to provide for the participation of the S.S.
Jeremiah O'Brien in programs and activities to commemorate
the 50th anniversary of World War II.''.
SEC. 380. ONE-YEAR EXTENSION OF CERTAIN PROGRAMS.
(a) Demonstration Project for Use of Proceeds From the Sale
of Certain Property.--(1) Section 343(d)(1) of the National
Defense Authorization Act for Fiscal Years 1992 and 1993
(Public Law 102-190; 105 Stat. 1344) is amended by striking
out ``terminate on December 5, 1994'' and inserting in lieu
thereof ``terminate on December 5, 1995''.
(2) Section 343(e) of such Act is amended by striking out
``February 3, 1995'' and inserting in lieu thereof ``February
3, 1996''.
(b) Authority for Aviation Depots and Naval Shipyards To
Engage in Defense-Related Production and Services.--Section
1425(e) of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 104 Stat. 1684) is amended by
striking out ``September 30, 1994'' and inserting in lieu
thereof ``September 30, 1995''.
(c) Authority of Base Commanders Over Contracting for
Commercial Activities.--Section 2468(f) of title 10, United
States Code, is amended by striking out ``September 30,
1994'' and inserting in lieu thereof ``September 30, 1995''.
SEC. 381. CLARIFICATION AND CODIFICATION OF OVERSEAS MILITARY
END STRENGTH LIMITATION.
(a) In General.--(1) Chapter 3 of title 10, United States
Code, is amended by inserting after section 123a the
following new section:
``Sec. 123b. Forces stationed abroad: limitation on number
``(a) End-Strength Limitation.--No funds appropriated to
the Department of Defense may be used to support a strength
level of members of the armed forces assigned to permanent
duty ashore in nations outside the United States at the end
of any fiscal year at a level in excess of 200,000.
``(b) Exception for Wartime.--Subsection (a) does not apply
in the event of a declaration of war or an armed attack on
any member nation of the North Atlantic Treaty Organization,
Japan, the Republic of Korea, or any other ally of the United
States.
``(c) Presidential Waiver.--The President may waive the
operation of subsection (a) if the President declares an
emergency. The President shall immediately notify Congress of
any such waiver.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``123b. Forces stationed abroad: limitation on number.''.
(b) Effective Date.--Section 123b of title 10, United
States Code, as added by subsection (a), does not apply with
respect to a fiscal year before fiscal year 1996.
(c) Conforming Repeal.--Section 1302 of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 106 Stat. 2545) is repealed.
SEC. 382. AUTHORITY TO ISSUE MILITARY IDENTIFICATION CARDS TO
SO-CALLED HONORARY RETIREES OF THE NAVAL AND
MARINE CORPS RESERVES.
(a) Authority.--The Secretary of the Navy may issue a
military identification card to a member of the Retired
Reserve described in subsection (b).
(b) Covered Members.--A member of the Retired Reserve
referred to in subsection (a) is a member of the Naval
Reserve or Marine Corps Reserve who transferred to the
Retired Reserve under section 274(2) of title 10, United
States Code, without having completed the years of service
required under section 1331(a)(2) of such title for
eligibility for retired pay under chapter 67 of that title.
(c) Effect on Commissary and Exchange Benefits.--The
issuance of a military identification card under subsection
(a) to a member of the Retired Reserve does not confer
eligibility for commissary and exchange benefits on that
member.
SEC. 383. MODIFICATION OF STATUTE OF LIMITATIONS FOR CERTAIN
CLAIMS FOR PERSONAL PROPERTY DAMAGE OR LOSS.
(a) Modification.--Subsection (g) of section 3721 of title
31, United States Code, is amended--
(1) by striking out ``. However, if '' and inserting in
lieu thereof ``, except that in the case of a member of the
uniformed services, the claim must be presented in writing
within 1 year after the claim accrues. If ''; and
(2) in the second sentence, by inserting ``(or, in the case
of a member of the uniformed services, within 1 year)'' after
``presented within 2 years''.
(b) Applicability.--The amendment made by subsection (a)
shall apply to a claim under section 3721 of title 31, United
States Code, that accrues on or after the date of the
enactment of this Act.
SEC. 384. OPERATION OF OVERSEAS FACILITIES OF THE DEPARTMENT
OF DEFENSE BY UNITED STATES FIRMS.
(a) Operation of Facilities.--(1) Subchapter V of chapter
148 of title 10, United States Code, is amended by adding at
the end the following new section:
[[Page 1006]]
``Sec. 2542. Operation of overseas facilities of the
Department of Defense by United States firms
``(a) Operation of Overseas Facilities.--A contract to
operate a Department of Defense facility not in the United
States (or its territories or possessions) for the production
or distribution of subsistence items may be awarded only to a
United States firm. The facility shall be operated in
accordance with Federal law governing the production or
distribution of such items.
``(b) Definition.--In this section, the term `United States
firm' has the meaning given such term in section 2532(d)(1)
of this title.''.
(2) The table of sections at the beginning of such
subchapter is amended by adding at the end the following new
item:
``2542. Operation of overseas facilities of the Department of Defense
by United States firms.''.
(b) Effective Date.--Section 2542 of title 10, United
States Code, as added by subsection (a), shall apply with
respect to solicitations issued, contracts awarded or
extended, or subcontracts approved, after January 1, 1995.
SEC. 385. EXCLUSION OF CERTAIN TROOPS IN CALCULATION OF
AUTHORIZED END STRENGTH FOR MILITARY PERSONNEL
IN EUROPE.
Subsection (c)(1) of section 1002 of the Department of
Defense Authorization Act, 1985 (22 U.S.C. 1928 note), is
amended by adding at the end the following: ``For purposes of
this paragraph, members of the Armed Forces of the United
States assigned to permanent duty ashore in Iceland,
Greenland, and the Azores are excluded in calculating the end
strength level of members of the Armed Forces assigned to
permanent duty ashore in European member nations of NATO.''.
SEC. 386. AUTHORITY TO TRANSFER CERTAIN EXCESS PROPERTY TO
EDUCATIONAL INSTITUTIONS AND TRAINING SCHOOLS.
Notwithstanding title II of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 481 et seq.)
and any other provision of law, the Secretary of Defense may,
until January 1, 1997, authorize the transfer, on a
nonreimbursable basis, of any property described in section
2535 of title 10, United States Code, to any nonprofit
educational institution or training school whenever the
program proposed by such institution or school for the use of
such property is in the public interest.
SEC. 387. PRIORITY TO STATES FOR THE TRANSFER OF NONLETHAL
EXCESS SUPPLIES OF THE DEPARTMENT OF DEFENSE.
Section 2547 of title 10, United States Code, is amended--
(1) in subsection (a), by striking out ``The Secretary of
Defense'' and inserting in lieu thereof ``Subject to
subsection (d), the Secretary of Defense'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following new
subsection (d):
``(d) Nonlethal excess supplies of the Department of
Defense shall be made available to a State, a local
government of a State, a Territory, or a possession, upon the
request of the State, local government, Territory, or
possession pursuant to authority provided in another
provision of law, before such supplies are made available for
humanitarian relief purposes under this section. The
President may make such supplies available for humanitarian
purposes before such supplies are made available to a State,
local government, Territory, or possession under this
subsection in order to respond to an emergency for which such
supplies are especially suited.''.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty
personnel as of September 30, 1995, as follows:
(1) The Army, 510,000.
(2) The Navy, 441,641.
(3) The Marine Corps, 174,000.
(4) The Air Force, 400,051.
SEC. 402. LIMITATION ON DEPLOYMENT OF DIVISIONS CONSTITUTING
ARMY CONTINGENCY FORCE.
(a) In General.--Whenever practicable, in assigning forces
of the Army for operations other than war, the President
shall seek to use elements of divisions that are not part of
the contingency force, and the President may not at any one
time use elements of more than one division of the
contingency force for such operations (except for domestic
humanitarian or disaster relief missions) unless elements of
all divisions that are not part of the contingency force are
currently deployed for such operations.
(b) Contingency Force Defined.--For purposes of this
section, the term ``contingency force'' means the set of four
or five Army divisions that is designated as the Army
contingency force by the Secretary of the Army, such force
consisting of those divisions that are assigned to be the
initial Army divisions to be deployed to respond to a
regional conflict.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as
of September 30, 1995, as follows:
(1) The Army National Guard of the United States, 400,000.
(2) The Army Reserve, 242,000.
(3) The Naval Reserve, 100,710.
(4) The Marine Corps Reserve, 42,000.
(5) The Air National Guard of the United States, 115,581.
(6) The Air Force Reserve, 78,706.
(7) The Coast Guard Reserve, 8,000.
(b) Waiver Authority.--The Secretary of Defense may
increase the end strength authorized by subsection (a) by not
more than 2 percent.
(c) Adjustments.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve
component shall be reduced proportionately by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component
which are on active duty (other than for training) at the end
of the fiscal year, and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released
from active duty during any fiscal year, the end strength
prescribed for such fiscal year for the Selected Reserve of
such reserve component shall be increased proportionately by
the total authorized strengths of such units and by the total
number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN
SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 1995, the following number of Reserves to be
serving on full-time active duty or, in
the case of members of the National Guard, full-time National
Guard duty for the purpose of organizing, administering,
recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States, 23,650.
(2) The Army Reserve, 11,940.
(3) The Naval Reserve, 17,510.
(4) The Marine Corps Reserve, 2,285.
(5) The Air National Guard of the United States, 9,098.
(6) The Air Force Reserve, 648.
SEC. 413. ACTIVE COMPONENT MEMBERS TO BE ASSIGNED FOR
TRAINING COMPATIBILTY WITH GUARD UNITS.
Section 414(c) of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (10 U.S.C. 261 note) is
amended by striking out ``September 30, 1994'' and inserting
in lieu thereof ``September 30, 1996''.
Subtitle C--Military Training Student Loads
SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.
(a) In General.--For fiscal year 1995, the Armed Forces are
authorized average military training student loads as
follows:
(1) The Army, 69,420.
(2) The Navy, 43,064.
(3) The Marine Corps, 25,377.
(4) The Air Force, 36,840.
(b) Scope.--The average military training student load
authorized for an armed force under subsection (a) applies to
the active and reserve components of that armed force.
(c) Adjustments.--The average military training student
loads authorized in subsection (a) shall be adjusted
consistent with the end strengths authorized in subtitles A
and B. The Secretary of Defense shall prescribe the manner in
which such adjustments shall be apportioned.
Subtitle D--Authorization of Appropriations
SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY
PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
1995 a total of $71,086,397,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 1995.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. AUTHORITY FOR OFFICERS TO SERVE ON SUCCESSIVE
PROMOTION BOARDS.
Section 612(b) of title 10, United States Code, is
amended--
(1) by striking out ``No officer may be'' and inserting in
lieu thereof ``(1) Except as provided in paragraph (2), an
officer may not be''; and
(2) by adding at the end the following:
``(2) With the approval of the Secretary of the military
department concerned, an officer may serve as a member on
successive consideration of officers of the same competitive
category and grade if the second board does not consider the
same officer or officers as the first board.''.
SEC. 502. ARMY FIELD GRADE OFFICER STRENGTH LIMITATIONS.
(a) Revisions to Authorized Active Duty Numbers.--The table
in section 523(a)(1) of title 10, United States Code, is
amended by striking out all of the table preceding ``Air
Force:'' and inserting in lieu thereof the following:
[[Page 1007]]
------------------------------------------------------------------------
Number of officers who may be serving
``Total number of commissioned on active duty in the grade of:
officers (excluding officers in ---------------------------------------
categories specified in Lieutenant
subsection (b)) on active duty: Major colonel Colonel
------------------------------------------------------------------------
``Army:
60,000........................ 12,380 8,361 3,080
65,000........................ 13,071 8,750 3,264
70,000........................ 13,763 9,138 3,447
75,000........................ 14,454 9,527 3,631
80,000........................ 15,146 9,915 3,814
85,000........................ 15,837 10,304 3,997
90,000........................ 16,529 10,692 4,181
95,000........................ 17,220 11,081 4,364
100,000....................... 17,912 11,469 4,548
110,000....................... 19,295 12,246 4,915
120,000....................... 20,678 13,023 5,281
130,000....................... 22,061 13,800 5,648
170,000....................... 27,593 16,908 7,116''.
------------------------------------------------------------------------
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 1994.
SEC. 503. TECHNICAL CHANGES TO PROVISIONS ENACTED BY WARRANT
OFFICER MANAGEMENT ACT.
Chapter 33A of title 10, United States Code, is amended--
(1) in section 578, by adding at the end the following new
subsections:
``(e) An officer who is appointed to a higher grade under
this section is considered to have accepted such appointment
on the date on which the appointment is made unless the
officer expressly declines the appointment.
``(f) An officer who has served continuously since the
officer subscribed to the oath of office prescribed in
section 3331 of title 5 is not required to take a new oath
upon appointment to a higher grade under this section.'';
(2) in sections 573(a)(2) and 574(e), by striking out ``on
active duty'';
(3) in section 575(d), by inserting before the period at
the end ``, except for those officers precluded from
consideration under regulations prescribed by the Secretary
concerned under section 577 of this title'';
(4) in section 576(f)(1), by striking out the last
sentence; and
(5) in section 582(2), by inserting before the period at
the end ``(except those retired warrant officers who were
recalled to active duty before February 1, 1992)''.
SEC. 504. NAVY AND MARINE CORPS LIMITED DUTY OFFICERS.
Section 5589 of title 10, United States Code, is amended--
(1) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively; and
(2) by inserting after subsection (b) the following
subsection:
``(c) An officer designated for limited duty who is serving
on active duty pursuant to a temporary appointment under
section 5596 of this title may be given an original
appointment under this section with the same grade and date
of rank as the officer held pursuant to the temporary
appointment.''.
SEC. 505. RETIREMENT OR ENLISTMENT OF CERTAIN LIMITED DUTY
OFFICERS OF THE NAVY AND MARINE CORPS.
Section 6383 of title 10, United States Code, is amended--
(1) in subsections (a)(1), (a)(2), (a)(3), (a)(4), (b), and
(d), by striking out ``Except as provided in subsection
(i),'' and inserting in lieu thereof ``Except as provided in
subsections (f) and (h),'';
(2) by striking out subsection (f) and inserting in lieu
thereof the following:
``(f)(1) An officer subject to discharge under subsection
(b), (d), or (e) who is not eligible for retirement and to
whom paragraph (2) does not apply may, upon the officer's
request and in the discretion of the Secretary of the Navy,
be enlisted in the grade prescribed by the Secretary.
``(2) If an officer subject to discharge under subsection
(b) or (d) is, on the date on which the officer is to be
discharged, within two years of qualifying for retirement
under section 6323 of this title, the officer shall be
retained on active duty until qualified for retirement and
shall then be retired under that section, unless the officer
is sooner retired or discharged under another provision of
law.'';
(3) by striking out subsection (g);
(4) by redesignating subsections (h), (i), and (j) as
subsections (g), (h), and (i) respectively; and
(5) in subsection (h) (as so redesignated), by striking out
``or the discharge under subsection (d)'' and inserting in
lieu thereof ``or the discharge under subsection (b) or
(d)''.
SEC. 506. TEMPORARY EXCLUSION OF SUPERINTENDENT OF NAVAL
ACADEMY FROM COUNTING TOWARD NUMBER OF SENIOR
ADMIRALS AUTHORIZED TO BE ON ACTIVE DUTY.
(a) Grade Relief.--If the next officer appointed to serve
as Superintendent of the United States Naval Academy after
April 1, 1994, is an officer described in subsection (b),
that officer, while so serving, shall not be counted for
purposes of the limitations contained in section 525(b)(2) of
title 10, United States Code.
(b) Qualifying Officer.--Subsection (a) applies in the case
of a retired officer who--
(1) holds the grade of admiral on the retired list;
(2) is ordered to active duty pursuant to section 688 of
title 10, United States Code, to serve as Superintendent of
the United States Naval Academy; and
(3) is appointed pursuant to section 601 of that title to
have the grade of admiral while serving on active duty in
that position.
SEC. 507. GRADE OF HEADS OF CERTAIN PROFESSIONAL MILITARY
EDUCATION SCHOOLS.
(a) National Defense University.--The president of the
National Defense University, if a member of the Armed Forces
on active duty, has the grade of lieutenant general or vice
admiral while so serving, if appointed to that grade for
service in that position.
(b) Component Schools of NDU.--The commandant of each of
the following Department of Defense schools shall be selected
from among officers on the active-duty list who have the
grade of major general or rear admiral:
(1) The National War College.
(2) The Industrial College of the Armed Forces.
(3) The Armed Forces Staff College.
(c) Service Schools.--The following positions may be held
only by officers on the active-duty list serving in the grade
of major general or rear admiral or a higher grade:
(1) The commandant of the Army War College.
(2) The president of the Naval War College.
(3) The commandant of the Air University.
Subtitle B--Reserve Component Matters
SEC. 511. SELECTED RESERVE ACTIVATION AUTHORITY.
(a) Enhanced Activation Authority.--Subsection (a) of
section 673b of title 10, United States Code, is amended to
read as follows:
``(a)(1) If the President determines that augmentation of
the active forces is necessary for an operational mission,
the President may provide Reserve activation authority. The
period for which a unit or member is ordered to active duty
pursuant to Reserve activation authority provided under this
paragraph may not be more than 180 days (and is subject to
extension under subsection (i)).
``(2) If the President determines that augmentation of the
active forces may be necessary for an operational mission
that the President authorizes to be carried out, the
President may, on or after the date on which the President
authorizes that mission to be carried out, provide Reserve
activation authority with respect to a total of not more than
25,000 members of the Selected Reserve. The period for which
a unit or member is ordered to active duty pursuant to
Reserve activation authority provided under this paragraph
may not be more than 90 days.
``(3) The term `Reserve activation authority' means
authority provided by the President to the Secretary of
Defense and the Secretary of Transportation with respect to
the Coast Guard when it is not operating as a service of the
Navy to order to active duty (other than for training)
without the consent of the members concerned (A) any unit of
the Selected Reserve, and (B) any member of the Selected
Reserve not assigned to a unit organized to serve as a unit.
``(4) This section applies notwithstanding the provisions
of section 673(a) of this title or any other provision of
law.''.
(b) Period of Extension of Active Duty.--Subsection (i) of
such section is amended in the first sentence--
(1) by striking out ``is ordered to active duty under this
section'' and inserting in lieu thereof ``is ordered to
active duty under authority provided under subsection
(a)(1)''; and
(2) by striking out ``90 additional days'' and inserting in
lieu thereof ``180 additional days''.
(c) Conforming Amendment Concerning Notice to Congress of
Use of Activation Authority.--Subsection (f) of such section
is amended--
(1) by inserting ``(1)'' after ``(f)''; and
(2) by adding at the end the following:
``(2) Whenever a unit or member of the Selected Reserve is
ordered to active duty under authority provided under
subsection (a)(2), the Secretary of Defense or the Secretary
of Transportation, as the case may be, shall submit, within
24 hours after issuing such order, a report to Congress, in
writing, setting forth the circumstances necessitating the
action taken and describing the anticipated use of the units
or members ordered to active duty.''.
SEC. 512. RESERVE GENERAL AND FLAG OFFICERS ON ACTIVE DUTY.
(a) In General.--Section 526 of title 10, United States
Code, is amended by adding at the end the following:
``(d)(1) Within the numbers authorized under subsections
(a) and (b), there shall be, at a minimum, the following
Reserve general and flag officers serving in the National
Guard Bureau, the Office of a Chief of a reserve component,
or the headquarters of a reserve component command:
Army National Guard of the United
States.................................... 3 general officers.
Army Reserve............................... 3 general officers.
Naval Reserve.............................. 3 flag officers.
Air National Guard of the United States.... 3 general officers.
Air Force Reserve.......................... 3 general officers.
``(2) Within the numbers authorized under subsections (a)
and (b), there shall be (in addition to the officers
specified in paragraph (1)) a Reserve general or flag officer
who is assigned as the Military Executive to the Reserve
Forces Policy Board.
``(e) The limitation of this section does not apply to a
reserve general or flag officer who is on active duty for
training or who is on active duty under a call or order
specifying a period of less than 180 days.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect at the end of the 90-day period beginning
on the date of the enactment of this Act.
[[Page 1008]]
SEC. 513. DEFINITION OF ACTIVE GUARD AND RESERVE DUTY.
Section 101(d) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(7)(A) The term `active Guard and Reserve duty' means
active duty or full-time National Guard duty performed by a
member of a reserve component of the Army, Navy, Air Force,
or Marine Corps or of the National Guard pursuant to an order
to active duty or full-time National Guard duty for a period
of more than 180 consecutive days for the purpose of
organizing, administering, recruiting, instructing, or
training the reserve components.
``(B) Such term does not include the following:
``(i) Duty performed as a member of the Reserve Forces
Policy Board provided for under section 175 of this title.
``(ii) Duty performed as a property and fiscal officer
under section 708 of title 32.
``(iii) Duty performed in connection with drug interdiction
and counter-drug activities under section 112 of title 32.
``(iv) Duty performed as a general or flag officer.
``(v) Service as a State director of the Selective Service
System under section 10(b)(2) of the Military Selective
Service Act (50 U.S.C. App. 460(b)(2)).''.
SEC. 514. REPEAL OF OBSOLETE PROVISIONS PERTAINING TO
TRANSFER OF REGULAR ENLISTED MEMBERS TO THE
RETIRED RESERVE.
(a) Army.--Section 3914 of title 10, United States Code, is
amended by striking out the second and third sentences.
(b) Air Force.--Section 8914 of such title, is amended by
striking out the second and third sentences.
SEC. 515. GUARD AND RESERVE TRANSITION INITIATIVES.
(a) Section 1331a(c) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(3) Notwithstanding the provisions of section 4415(2) of
the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 106 Stat. 2714), the Secretary concerned
may, consistent with the other provisions of this section,
provide the notification required by section 1331(d) of this
title to a member who no longer meets the qualifications for
membership in the Selected Reserve solely because the member
is unfit because of physical disability. Such notification
may not be made if the disability is the result of the
member's intentional misconduct, willful neglect, or willful
failure to comply with standards and qualifications for
retention established by the Secretary concerned or was
incurred during a period of unauthorized absence.''.
(b) Section 4416 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2714) is
amended--
(1) by striking out subsection (d) and inserting in lieu
thereof the following:
``(d) Annual Payment Period.--An annual payment granted to
a member under this section shall be paid for the number of
years specified by the Secretary concerned. Such number shall
be one or more but not more than five, except that the
entitlement to the annual payment shall terminate on the
member's 60th birthday.'';
(2) by adding at the end of subsection (e) the following
new paragraph:
``(3) In the case of a member who will attain 60 years of
age during the 12-month period following the date on which an
annual payment is due, the payment shall be paid on a
prorated basis of one-twelfth of the annual payment for each
full month between the date on which the payment is due and
the date on which the member attains age 60.''; and
(3) by adding at the end the following new subsection:
``(i) Coordination With Retired Pay.--A member who has
received one or more annual payments under this section
shall, upon entitlement to retired pay under chapter 67 of
this title, have deducted from each payment of such retired
pay 50 percent of such payment until the total amount
deducted is equal to the total amount of payments received
under this section.''.
SEC. 516. SEMIANNUAL REPORT ON SEPARATIONS OF ACTIVE ARMY
OFFICERS.
Section 1111 of the Army National Guard Combat Readiness
Reform Act of 1992 (title XI of Public Law 102-484; 106 Stat.
2536) is amended by adding at the end the following new
subsection:
``(e) On a semiannual basis, the Secretary of the Army
shall furnish to the Chief of the National Guard Bureau a
list containing the name, home of record, and last-known
mailing address of each officer of the Army who during the
previous six months was honorably separated from active
service in the grade of major or below.''.
Subtitle C--Other Matters
SEC. 521. REPEAL OF REQUIRED REDUCTION IN RECRUITING
PERSONNEL.
Section 431 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2400) is
repealed.
SEC. 522. COAST GUARD FORCE REDUCTION TRANSITION BENEFITS.
(a) Involuntary Separation Benefits and Services.--Chapter
58 of title 10, United States Code, is amended as follows:
(1) Section 1141 is amended in the matter preceding
paragraph (1)--
(A) by striking out ``Army, Navy, Air Force, or Marine
Corps'' and inserting in lieu thereof ``armed forces''; and
(B) by striking out ``or on or after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 1994'' and inserting in lieu thereof ``or after
November 29, 1993, or, with respect to a member of the Coast
Guard, if the member was on active duty in the Coast Guard
after September 30, 1994,''.
(2) Section 1143 is amended--
(A) in the heading, by striking out ``: Department of
Defense'';
(B) in subsection (a), by inserting ``and the Secretary of
Transportation with respect to the Coast Guard'' after
``Secretary of Defense'' and by striking out ``under the
jurisdiction of the Secretary'';
(C) in subsection (b), by adding at the end the following
new sentence: ``The Secretary of Transportation shall
establish permanent employment assistance centers at
appropriate Coast Guard installations.'';
(D) in subsection (c), by inserting ``and the Secretary of
Transportation'' after ``Secretary of Defense''; and
(E) in subsection (d), by adding at the end the following
new sentence: ``The Secretary of Transportation shall provide
the same preference in hiring to involuntarily separated
members of the Coast Guard, and the dependents of such
members, in Coast Guard nonappropriated fund
instrumentalities.''.
(3) Section 1143a is amended--
(A) in the heading by striking out ``: Department of
Defense''; and
(B) by adding at the end the following new subsection:
``(h) This section shall apply to the Coast Guard in the
same manner and to the same extent as it applies to the
Department of Defense. The Secretary of Transportation shall
implement the requirements of this section for the Coast
Guard.''.
(4) Section 1145 is amended by adding at the end the
following new subsection:
``(e) The provisions of this section shall apply to members
of the Coast Guard (and their dependents) involuntarily
separated from active duty during the five-year period
beginning on October 1, 1994. The Secretary of Transportation
shall implement this section for the Coast Guard.''.
(5) Section 1146 is amended by adding at the end the
following new sentence: ``The Secretary of Transportation
shall implement this provision for Coast Guard members
involuntarily separated during the five-year period beginning
October 1, 1994.''.
(6) Section 1147(a) is amended--
(A) by inserting ``(1)'' before ``The Secretary of a
military department''; and
(B) by adding at the end the following new paragraph:
``(2) The Secretary of Transportation may prescribe
regulations to permit members of the Coast Guard who are
involuntarily separated during the five-year period beginning
October 1, 1994, to continue for not more than 180 days after
the date of such separation to reside (along with others of
the member's household) in military family housing provided
or leased by the Coast Guard to the individual as a member of
the armed forces.''.
(7) Section 1148 is amended by inserting ``and the
Secretary of Transportation'' after ``Secretary of Defense''.
(8) Section 1149 is amended--
(A) by inserting ``or the Secretary of Transportation with
respect to the Coast Guard'' after ``Secretary of Defense'';
and
(B) by striking out ``of the military department''.
(9) Section 1150 is amended by adding at the end the
following new subsection:
``(c) Coast Guard.--This section shall apply to the Coast
Guard in the same manner and to the same extent as it applies
to the Department of Defense. The Secretary of Transportation
shall prescribe regulations to implement this section for the
Coast Guard.''.
(10) The table of sections at the beginning of the chapter
is amended by striking out ``: Department of Defense'' in the
items relating to section 1143 and 1143a.
(b) Special Separation Benefit.--Section 1174a of title 10,
United States Code, is amended--
(1) in subsection (a), by striking out ``of each military
department'' and inserting in lieu thereof ``concerned'';
(2) in subsection (d), by striking out ``of a military
department'' and inserting in lieu thereof ``concerned'';
(3) in subsection (e)(3), by striking out ``of the military
department''; and
(4) in subsection (h), by striking out ``of a military
department'' and inserting in lieu thereof ``concerned''.
(c) Voluntary Separation Incentive.--Section 1175 of title
10, United States Code, is amended--
(1) in subsections (a) and (b), by inserting ``and the
Secretary of Transportation'' after ``Secretary of Defense'';
(2) in subsection (c), by striking out ``of the military
department'';
(3) in subsection (g), by inserting ``and the Department of
Transportation for the Coast Guard'' before the period at the
end;
(4) in subsection (h)(3), by inserting ``except for
payments to members of the Coast Guard'' after ``under this
section''; and
(5) in subsection (i), by inserting ``and the Secretary of
Transportation'' after ``Secretary of Defense''.
(d) Temporary Early Retirement Authority.--Section 4403 of
the Defense Authorization Act for Fiscal Year 1993 (Public
Law 102-484, 106 Stat. 2702, 10 U.S.C. 1293 note) shall apply
to the Coast Guard in the same manner and to the same extent
as that provision applies to the Department of Defense. The
Secretary of Transportation shall implement the provisions of
that section
[[Page 1009]]
with respect to the Coast Guard and apply the applicable
provisions of title 14, United States Code, relating to
retirement of Coast Guard personnel.
(e) Effective Date.--This section and the amendments made
by this section shall apply only to members of the Coast
Guard who are involuntarily separated after September 30,
1994.
SEC. 523. EXTENSION OF WARRANT OFFICER MANAGEMENT ACT TO
COAST GUARD.
(a) Establishment of Permanent Grade of Chief Warrant
Officer, W-5.--(1) The grade of chief warrant officer, W-5,
is hereby established in the Coast Guard.
(2) Section 571(a) of title 10, United States Code, is
amended by striking out ``Army, Navy, Air Force, and Marine
Corps'' and inserting in lieu thereof ``armed forces''.
(b) Extension of Warrant Officer Management Act Provisions
to Coast Guard Warrant Officers.--Chapter 33A of title 10,
United States Code, is amended as follows:
(1) Section 573(a) is amended--
(A) by striking out ``Secretary of a military department''
in paragraph (1) and inserting in lieu thereof ``Secretary
concerned''; and
(B) by striking out ``of the military department'' in
paragraph (2).
(2) Section 574 is amended by striking out ``Secretary of
each military department'' in subsections (a) and (b) and
inserting in lieu thereof ``Secretary concerned''.
(3) Section 575(b)(2) is amended by inserting ``and the
Secretary of Transportation, when the Coast Guard is not
operating as a service in the Navy,'' after ``Secretary of
Defense''.
(4) Section 576 is amended--
(A) in subsection (a), by striking out ``of the military
department'' in the matter preceding paragraph (1);
(B) in subsection (e), by striking out ``of the military
department''; and
(C) in subsection (f)(2), by striking out ``of the military
department''.
(5) Section 580 is amended--
(A) in subsection (a)(4)(B), by inserting ``, or severance
pay computed under section 286a of title 14, as
appropriate,'' after ``section 1174 of this title''; and
(B) in subsection (e)(6), by inserting ``and the Secretary
of Transportation when the Coast Guard is not operating as a
service in the Navy,'' after ``Secretary of Defense''.
(6) Section 581(a) is amended by striking out ``in the
Army, Navy, Air Force, or Marine Corps''.
(c) Transition for Certain Regular Warrant Officers Serving
in a Higher Temporary Grade Below Chief Warrant Officer, W-
5.--(1) A regular warrant officer of the Coast Guard who on
the effective date of this section is on active duty and--
(A) is serving in a temporary grade below chief warrant
officer, W-5, that is higher than that warrant officer's
permanent grade;
(B) is on a list of officers recommended for promotion to a
temporary grade below chief warrant officer W-5; or
(C) is on a list of officers recommended for promotion to a
permanent grade higher than the grade in which that warrant
officer is serving;
shall be considered to have been recommended by a board
convened under section 573 of title 10, United States Code,
as amended by this subsection (b), for promotion to the
permanent grade equivalent to the grade in which that warrant
officer is serving or for which that warrant officer has been
recommended for promotion, as the case may be.
(2) An officer referred to in subparagraph (A) of paragraph
(1) who is not promoted to the grade to which that warrant
officer is considered under such subsection to have been
recommended for promotion because that officer's name is
removed from a list of officers who are considered under such
paragraph to have been recommended for promotion shall be
considered by a board convened under section 573 of title 10,
United States Code, as amended by subsection (b), for
promotion to the permanent grade equivalent to the temporary
grade in which that warrant officer was serving on the
effective date of this section as if that warrant officer
were serving in the permanent grade.
(3) The date of rank of an officer referred to in paragraph
(1)(A) who is promoted to the grade in which that warrant
officer is serving on the effective date of this section is
the date of that officer's temporary appointment in that
grade.
(d) Transition for Certain Reserve Warrant Officers Serving
in a Higher Temporary Grade Below Chief Warrant Officer, W-
5.--(1)(A) Except as provided in paragraph (2), a reserve
warrant officer of the Coast Guard who on the effective date
of this section is subject to placement on the warrant
officer active-duty list and who--
(i) is serving in a temporary grade below chief warrant
officer, W-5, that is higher than that warrant officer's
permanent grade; or
(ii) is on a list of warrant officers recommended for
promotion to a temporary grade below chief warrant officer,
W-5, that is the same as or higher than that warrant
officer's permanent grade;
shall be considered to have been recommended by a board
convened under section 598 of title 10, United States Code,
for promotion to the permanent grade equivalent to the grade
in which the warrant officer is serving or for which that
warrant officer has been recommended for promotion, as the
case may be.
(B) The date of rank of a warrant officer referred to in
subparagraph (A)(i) who is promoted to the grade in which
that warrant officer is considered under such subparagraph to
have been recommended for promotion is the date of the
temporary appointment of that warrant officer in that grade.
(2) A reserve warrant officer of the Coast Guard who on the
effective date of this section--
(A) is subject to placement on the warrant officer active-
duty list;
(B) is serving on active duty in a temporary grade; and
(C) holds a permanent grade higher than the temporary grade
in which that warrant officer is serving;
shall while continuing on active duty retain such temporary
grade and shall be considered for promotion to a grade equal
to or lower than the permanent grade as if such temporary
grade is a permanent grade. If such warrant officer is
recommended for promotion, the appointment of that warrant
officer to such grade shall be a temporary appointment.
(e) Rank of Coast Guard Warrant Officers.--(1) Subchapter A
of chapter 11 of title 14, United States Code, is amended by
adding at the end the following new section:
``Sec. 215. Rank of warrant officers
``(a) Among warrant officer grades, warrant officers of a
higher numerical designation are senior to warrant officer
grades of a lower numerical designation.
``(b) Warrant officers shall take precedence in the grade
to which appointed in accordance with the dates of their
commissions as commissioned officers in the Coast Guard in
such grade. Precedence among warrant officers of the same
grade who have the same date of commission shall be
determined by regulations prescribed by the Secretary.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
214 the following new item:
``215. Rank of warrant officers.''.
(f) Technical and Conforming Amendments.--(1) Section
1125(a) of the National Defense Authorization Act for Fiscal
Years 1992 and 1993 (10 U.S.C. 555 note) is repealed.
(2) Section 286a(a) of title 14, United States Code, is
amended by striking out ``section 564(a)(3) of title 10 (as
in effect on the day before the effective date of the Warrant
Officer Management Act)'' and inserting in lieu thereof
``section 580(a)(4)(A) of title 10''.
(3) Section 334(b) of such title is amended by striking out
``section 564 of title 10 (as in effect on the day before the
effective date of the Warrant Officer Management Act) or''
and inserting in lieu thereof ``section 580,''.
(4) Section 41 of such title is amended by striking out
``chief warrant officers, W-4; chief warrant officers, W-3;
chief warrant officers, W-2; cadets; warrant officers, W-1;''
and inserting in lieu thereof ``chief warrant officers;
cadets; warrant officers;''.
(5)(A) Sections 212 and 213 of such title are repealed.
(B) The table of sections at the beginning of chapter 11 of
such title is amended by striking out the items relating to
section 212 and 213.
(6) Section 214 of such title is amended by striking out
subsections (b) and (c).
(7) Section 583 of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(4) The active-duty list referred to in section 573(b) of
this title includes the active-duty promotion list
established by section 41a of title 14.''.
(g) Temporary Authority for Involuntary Separation of
Certain Warrant Officers.--Section 580a of title 10, United
States Code, is amended by adding at the end the following
new subsection:
``(e) This section applies to the Secretary of
Transportation in the same manner and to the same extent as
it applies to the Secretary of Defense. The Commandant of the
Coast Guard shall take the action set forth in subsection (b)
with respect to regular warrant officers of the Coast
Guard.''.
(h) Effective Date.--This section and the amendments made
by this section shall take effect on the later of--
(1) October 1, 1994; or
(2) the first day of the fourth month beginning after the
date of the enactment of this Act.
SEC. 524. AUTHORIZED ACTIVE DUTY STRENGTHS FOR ARMY ENLISTED
MEMBERS IN PAY GRADE E-8.
(a) In General.--Section 517(a) of title 10, United States
Code, is amended by inserting ``(or, in the case of the Army,
2.5 percent)'' after ``may not be more than 2 percent''.
(b) Special Rule for 1995.--The percentage applicable to
enlisted members of the Army in pay grade E-8 under section
517(a) of title 10, United States Code, during 1995 shall be
2.3 percent (rather than the percentage provided by the
amendment made by subsection (a)).
(c) Effective Date.--The amendment made by subsection (a)
shall not apply with respect to the number of enlisted
members of the Army on active duty in pay grade E-8 during
1994.
SEC. 525. REIMBURSEMENT FOR CERTAIN LOSSES OF HOUSEHOLD
EFFECTS DURING PCS MOVES.
(a) Authority To Reimburse.--The Secretary of the military
department concerned may reimburse a member of the Armed
Forces under the Secretary's jurisdiction for a loss
described in subsection (b).
(b) Covered Losses.--This section applies with respect to a
loss of household effects
[[Page 1010]]
sustained during a move made incident to a change of
permanent station when, as determined by the Secretary, the
loss was caused by a hostile action incident to war or a
warlike action by a military force.
(c) Limitation.--The Secretary may provide reimbursement
under this section for a loss described in subsection (b)
only to the extent that the loss is not reimbursed under
insurance or under the authority of another provision of law.
(d) Effective Date.--The authority provided by this section
applies with respect to losses incurred after June 30, 1990.
SEC. 526. VICTIMS' ADVOCATES PROGRAMS IN DEPARTMENT OF
DEFENSE.
(a) Establishment.--The Secretary of Defense, acting
through the Under Secretary of Defense for Personnel and
Readiness, shall establish within each of the military
departments a victims' advocates program to provide
assistance to members of the Armed Forces and their
dependents who are victims of sexual and physical abuse,
unlawful discrimination, or sexual harassment.
(b) Implementation Through Family Advocacy Program.--The
programs under subsection (a) shall, to the extent
practicable, be carried out through Family Advocacy Programs
in the military departments.
(c) Victims Advocate Defined.--For purposes of the programs
under subsection (a), a victims advocate program is a program
in which individuals working in the program serve the
interests of a victim of sexual and physical abuse, unlawful
discrimination, or sexual harassment by providing information
on available benefits and services, assistance in obtaining
those benefits and services, and other appropriate
assistance.
(d) Implementation Report.--The Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report on the implementation of
this section. The report shall be submitted not later than
six months after the date of the enactment of this Act.
SEC. 527. PROHIBITION OF RETALIATORY ACTIONS AGAINST MEMBERS
OF THE ARMED FORCES MAKING ALLEGATIONS OF
SEXUAL HARASSMENT OR UNLAWFUL DISCRIMINATION.
(a) In General.--(1) Chapter 49 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 983. Retaliatory personnel actions prohibited against
members alleging sexual harassment or unlawful
discrimination
``(a) Prohibition of Retaliatory Personnel Actions.--(1) No
person may take (or threaten to take) an unfavorable
personnel action, or withhold (or threaten to withhold) a
favorable personnel action, as a reprisal against a member of
the armed forces for making or preparing a communication
described in subsection (b)(2) to--
``(A) a Member of Congress;
``(B) an Inspector General (as defined in subsection (g));
``(C) a member of a Department of Defense audit,
inspection, investigation, or law enforcement organization;
or
``(D) any other person or organization (including any
person or organization in the chain of command) designated
pursuant to regulations or other established administrative
procedures for such communications.
``(2) Any action prohibited by paragraph (1) (including the
threat to take any action and the withholding or threat to
withhold any favorable action) shall be considered for the
purposes of this section to be a personnel action prohibited
by this subsection.
``(b) Inspector General Investigation of Allegations of
Prohibited Personnel Actions.--(1) If a member of the armed
forces submits to the Department of Defense Inspector General
(or to the Inspector General of the Department of
Transportation, in the case of a member of the Coast Guard
when the Coast Guard is not operating as a service in the
Navy) an allegation that a personnel action prohibited by
subsection (a) has been taken (or threatened) against the
member with respect to a communication described in paragraph
(2), the Inspector General shall expeditiously investigate
the allegation. The Inspector General of the Department of
Defense may not delegate or assign any such investigation to
an office or organization within a military department.
``(2) A communication described in this paragraph is a
communication in which a member of the armed forces complains
of, or discloses information that the member reasonably
believes constitutes evidence of, sexual harassment or
unlawful discrimination.
``(3) The Inspector General is not required to make an
investigation under paragraph (1) in the case of an
allegation made more than 60 days after the date on which the
member becomes aware of the personnel action that is subject
of the allegation.
``(c) Inspector General Investigation of Allegations of
Sexual Harassment or Unlawful Discrimination.--If the
Inspector General considers it necessary, due to evidence of
a biased or inadequate investigation of the underlying
allegation of sexual harassment or unlawful discrimination,
the Inspector General may initiate a separate investigation
of that allegation.
``(d) Reports on Investigations.--(1) Not later than 30
days after completion of an investigation under subsection
(b) or (c), the Inspector General shall submit a report on
the results of the investigation to the Secretary of Defense
(or to the Secretary of Transportation in the case of a
member of the Coast Guard when the Coast Guard is not
operating as a service in the Navy) and the member of the
armed forces who made the allegation.
``(2) In the copy of the report submitted to the member,
the Inspector General shall ensure the maximum disclosure of
information possible, with the exception of information that
is not required to be disclosed under section 552 of title 5.
``(3) If, in the course of an investigation of an
allegation under this section, the Inspector General
determines that it is not possible to submit the report
required by paragraph (1) within 120 days after the date of
receipt of the allegation being investigated, the Inspector
General shall provide to the Secretary of Defense (or to the
Secretary of Transportation in the case of a member of the
Coast Guard when the Coast Guard is not operating as a
service in the Navy) and to the member making the allegation
a notice--
``(A) of that determination (including the reasons why the
report may not be submitted within that time); and
``(B) of the time when the report will be submitted.
``(4) The report on the results of the investigation shall
contain a thorough review of the facts and circumstances
relevant to the allegation and the complaint or disclosure
and shall include documents acquired during the course of the
investigation, including summaries of interviews conducted.
The report may include a recommendation as to the disposition
of the complaint.
``(e) Correction of Records When Prohibited Action Taken.--
(1) A board for the correction of military records acting
under section 1552 of this title, in resolving an application
for the correction of records made by a member or former
member of the armed forces who has alleged a personnel action
prohibited by subsection (a), on the request of the member or
former member or otherwise, may review the matter.
``(2) In resolving an application described in paragraph
(1), a correction board--
``(A) shall review the report of the Inspector General
submitted under subsection (d);
``(B) may request the Inspector General to gather further
evidence; and
``(C) may receive oral argument, examine and cross-examine
witnesses, take depositions, and, if appropriate, conduct an
evidentiary hearing.
``(3) If the board elects to hold an administrative
hearing, the member or former member who filed the
application described in paragaph (1)--
``(A) may be provided with representation by a judge
advocate if--
``(i) the Inspector General, in the report under subsection
(d), finds that there is probable cause to believe that a
personnnel action prohibited by subsection (a) has been taken
(or threatened) against the member with respect to a
communication described in subsection (b)(2);
``(ii) the Judge Advocate General concerned determines that
the case is unusually complex or otherwise requires judge
advocate assistance to ensure proper presentation of the
legal issues in the case; and
``(iii) the member is not represented by outside counsel
chosen by the member; and
``(B) may examine witnesses through deposition, serve
interrogatories, and request the production of evidence,
including evidence contained in the investigatory record of
the Inspector General but not included in the report
submitted under subsection (d).
``(4) The Secretary concerned shall issue a final decision
with respect to an application described in paragraph (1)
within 180 days after the application is filed. If the
Secretary fails to issue such a final decision within that
time, the member or former member shall be deemed to have
exhausted the member's or former member's administrative
remedies under section 1552 of this title.
``(5) The Secretary concerned shall order such action,
consistent with the limitations contained in sections 1552
and 1553 of this title, as is necessary to correct the record
of a personnel action prohibited by subsection (a).
``(6) If the Board determines that a personnel action
prohibited by subsection (a) has occurred, the Board may
recommend to the Secretary concerned that the Secretary take
appropriate disciplinary action against the individual who
committed such personnel action.
``(f) Review by Secretary of Defense.--Upon the completion
of all administrative review under subsection (e), the member
or former member of the armed forces (except for a member or
former member of the Coast Guard when the Coast Guard is not
operating as a service in the Navy) who made the allegation
referred to in subsection (b)(1), if not satisfied with the
disposition of the matter, may submit the matter to the
Secretary of Defense. The Secretary shall make a decision to
reverse or uphold the decision of the Secretary of the
military department concerned in the matter within 90 days
after receipt of such a submittal.
``(g) Post-Disposition Interviews.--After disposition of
any case under this section, the Inspector General shall,
whenever possible, conduct an interview with the person
making the allegation to determine the views of that person
on the disposition of the matter.
``(h) Regulations.--The Secretary of Defense, and the
Secretary of Transportation with respect to the Coast Guard
when it is not operating as a service in the Navy, shall
prescribe regulations to carry out this section.
``(i) Definitions.--In this section:
``(1) The term `unlawful discrimination' means
discrimination on the basis of race, color, religion, sex, or
national origin.
[[Page 1011]]
``(2) The term `Member of Congress' includes any Delegate
or Resident Commissioner to Congress.
``(3) The term `Inspector General' means--
``(A) an Inspector General appointed under the Inspector
General Act of 1978; and
``(B) an officer of the armed forces assigned or detailed
under regulations of the Secretary concerned to serve as an
Inspector General at any command level in one of the armed
forces.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``983. Retaliatory personnel actions prohibited against members
alleging sexual harassment or unlawful discrimination.''.
(b) Deadline for Regulations.--The Secretary of Defense and
the Secretary of Transportation shall prescribe the
regulations required by subsection (g) of section 983 of
title 10, United States Code, as added by subsection (a), not
later than 120 days after the date of the enactment of this
Act.
(c) Content of Regulations.--In prescribing regulations
under section 983 of title 10, United States Code, as added
by subsection (a), the Secretary of Defense and the Secretary
of Transportation shall provide for due process procedures
for the subject of any investigation carried out under the
provisions of that section, including a process for appeal
and review of investigative findings.
(d) Effective Date.--Section 983 of title 10, United States
Code, as added by subsection (a), shall apply with respect to
any personnel action taken (or threatened to be taken) on or
after the date of the enactment of this Act as a reprisal
prohibited by subsection (a) of that section.
SEC. 528. ANNUAL REPORT ON PERSONNEL READINESS.
(a) Required Assessment.--The Secretary of Defense shall
submit to Congress an annual report on trends in recruiting,
retention, and personnel readiness.
(b) Data To Be Collected.--Each annual report under
subsection (a) shall include the following information with
respect to the preceding fiscal year for the active
components of each of the Armed Forces under the jurisdiction
of the Secretary (as well as such additional information as
the Secretary considers appropriate):
(1) The numbers and rates of temporary and permanent
nondeployability of members of the Armed Forces, displayed by
cause of nondeployability, rank, and gender.
(2) The numbers and rates of complaints and allegations
involving gender and other unlawful discrimination and sexual
harassment, and the rates of substantiation for those
complaints and allegations.
(3) The numbers and rates of disciplinary proceedings,
displayed (A) by offense or infraction committed, (B) by
gender, rank, and race, and (C) by the categories specified
in paragraph (2).
(4) The retention rates, by gender, rank, and race, with an
analysis of factors influencing those rates.
(5) The propensity of persons to enlist, displayed by
gender and race, with an analysis of the factors influencing
those propensities.
(c) Submission to Congress.--The Secretary shall submit the
report under this section for any fiscal year as part of the
annual Department of Defense posture statement provided to
Congress in connection with the Department of Defense budget
request for that fiscal year.
(d) Initial Submission.--The first report under this
section shall be submitted in connection with the Department
of Defense budget request for fiscal year 1996 and shall
include data, to the degree such data already exists, for
fiscal years after fiscal year 1991.
SEC. 529. PROGRAMS RELATED TO DESERT STORM MYSTERY ILLNESS.
(a) Outreach Program to Persian Gulf Veterans and
Families.--The Secretary of Defense shall institute a
comprehensive outreach program to inform members of the Armed
Forces who served in the Southwest Asia theater of operations
during the Persian Gulf Conflict, and the families of such
members, of illnesses that may result from such service. The
program shall be carried out through both medical and command
channels, as well as any other means the Secretary considers
appropriate. Under the program, the Secretary shall--
(1) inform such individuals regarding--
(A) common disease symptoms reported by Persian Gulf
veterans that may be due to service in the Southwest Asia
theater of operations;
(B) blood donation policy;
(C) available counseling and medical care for such members;
and
(D) possible health risks to children of Persian Gulf
veterans;
(2) inform such individuals of the procedures for
registering in either the Persian Gulf Veterans Health
Surveillance System of the Department of Defense or the
Persian Gulf War Health Registry of the Department of
Veterans Affairs; and
(3) encourage such members to report any symptoms they may
have and to register in the appropriate health surveillance
registry.
(b) Incentives to Persian Gulf Veterans To Register.--In
order to encourage Persian Gulf veterans to register any
symptoms they may have in one of the existing health
registries, the Secretary of Defense shall provide the
following:
(1) For any Persian Gulf veteran who is on active duty and
who registers with the Department of Defense's Persian Gulf
War Veterans Health Surveillance System, a full medical
evaluation and any required medical care.
(2) For any Persian Gulf War veteran who is, as of the date
of the enactment of this Act, a member of a reserve
component, opportunity to register at a military medical
facility in the Persian Gulf Veterans Health Care
Surveillance System and, in the case of a Reserve who
registers in that registry, a full medical evaluation by the
Department of Defense. Depending on the results of the
evaluation and on eligibility status, reserve personnel may
be provided medical care by the Department of Defense.
(3) For a Persian Gulf veteran who is not, as of the date
of the enactment of this Act, on active duty or a member of a
reserve component, assistance and information at a military
medical facility on registering with the Persian Gulf War
Registry of the Department of Veterans Affairs and
information related to support services provided by the
Department of Veterans Affairs.
(c) Compatability of Department of Defense and Department
of Veterans Affairs Registries.--The Secretary of Defense
shall ensure that the Department of Defense Persian Gulf
Veterans Health Surveillance System register is compatible
with the Persian Gulf War Registry maintained by the
Department of Veterans Affairs and that all information on
individuals who register with the Department of Defense
system is provided to the Department of Veterans Affairs for
incorporation into the Persian Gulf War Registry.
(d) Presumptions on Behalf of Service Member.--(1) A member
of the Armed Forces who is a Persian Gulf veteran, who has
symptoms of illness, and who the Secretary concerned finds
may have become ill as a result of serving on active duty in
the Southwest Asia theater of operations during the Persian
Gulf War shall be considered for Department of Defense
purposes to have become ill as a result of serving in that
theater of operations.
(2) A member of the Armed Forces who is a Persian Gulf
veteran and who reports being ill as a result of serving on
active duty in the Southwest Asia theater of operations
during the Persian Gulf War shall be considered for
Department of Defense purposes to have become ill as a result
of serving in that theater of operations until such time as
the weight of medical evidence establishes other cause or
causes of the member's illness.
(3) The Secretary concerned shall ensure that, for the
purposes of health care treatment by the Department of
Defense, health care and personnel administration, and
disability evaluation by the Department of Defense, the
symptoms of any member of the Armed Forces covered by
paragraph (1) or (2) are examined in light of the member's
service in the Persian Gulf War and in light of the reported
symptoms of other Persian Gulf veterans. The Secretary shall
ensure that, in providing health care diagnosis and treatment
of the member, a broad range of potential causes of the
member's symptoms are considered and that the member's
symptoms are considered collectively, as well as by type of
symptom or medical speciality, and that treatment across
medical specialties is coordinated appropriately.
(4) The Secretary of Defense shall ensure that the
presumptions of service connection and illness specified in
paragraphs (1) and (2) are incorporated in appropriate
service medical and personnel regulations and are widely
disseminated throughout the Department of Defense.
(e) Revision of the Physical Evaluation Board Criteria.--
(1) The Secretary of Defense, in consultation with the
Secretary of Veterans Affairs and the Secretary of Health and
Human Services, shall ensure that case definitions of Persian
Gulf related illnesses, as well as the Physical Evaluation
Board criteria used to set disability ratings for members no
longer medically qualified for continuation on active duty,
are established as soon as possible to permit accurate
disability ratings related to a diagnosis of Persian Gulf
illnesses.
(2) Until revised disability criteria can be implemented
and members of the Armed Forces can be rated against those
criteria, the Secretary of Defense shall ensure--
(A) that any member of the Armed Forces on active duty who
may be suffering from a Persian Gulf-related illness is
afforded continued military medical care; and
(B) that any member of the Armed Forces on active duty who
is found by a Physical Evaluation Board to be unfit for
continuation on active duty as a result of a Persian Gulf-
related illness for which the board has no rating criteria
(or inadequate rating criteria) for the illness or condition
from which the member suffers is placed on the temporary
disability retired list.
(f) Review of Records and Rerating of Previously Discharged
Gulf War Veterans.--(1) The Secretary of Defense, in
consultation with the Secretary of Veterans Affairs, shall
ensure that a review is made of the health and personnel
records of each Persian Gulf veteran who before the date of
the enactment of this Act was discharged from active duty, or
was medically retired, as a result of a Physical Evaluation
Board process.
(2) The review under paragraph (1) shall be carried out to
ensure that former Persian Gulf veterans who may have been
suffering from a Persian Gulf-related illness at the time of
discharge or retirement from active duty as a result of the
Physical Evaluation Board process are revaluated in
accordance with the criteria established in subsection (c)(1)
and, if appropriate, are rerated.
[[Page 1012]]
(g) Persian Gulf Illness Medical Referral Centers.--The
Secretary of Defense shall evaluate the feasibility of
establishing one or more medical referral centers to provide
uniform, coordinated medical care for Persian Gulf veterans
on active duty who are or may be suffering from a Persian
Gulf-related illness. The Secretary shall submit a report on
such feasibility to the Committees on Armed Services of the
Senate and House of Representatives not later than six months
after the date of the enactment of this Act.
(h) Annual Report to Congress.--(1) The Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and House of Representatives an annual report on--
(A) efforts taken and results achieved in notifying members
of the Armed Forces and their families as part of the
outreach program required by subsection (a);
(B) efforts taken to revise the Physical Evaluation Board
disability rating and interim efforts to adjudicate cases
before the revision of the criteria; and
(C) results of the review and rerating of previously
separated servicemembers.
(2) The first report under paragraph (1) shall be submitted
not later than 120 days after the date of the enactment of
this Act.
(i) Persian Gulf Veteran.--For purposes of this section, a
Persian Gulf veteran is an individual who served on active
duty in the Armed Forces in the Southwest Asia theater of
operations during the Persian Gulf Conflict.
SEC. 530. UPGRADE OF ARMED FORCES STAFF COLLEGE WARGAMING AND
OTHER CAPABILITIES.
(a) Findings.--The Congress makes the following findings:
(1) The Congress and the Department of Defense have
envisioned the Armed Forces Staff College as the premier
educational institution for joint operational planning and
warfighting.
(2) The mission of the college is to educate staff officers
and other leaders in joint and combined operational planning
and warfighting in order to instill a primary commitment to
joint teamwork, attitudes, and perspective.
(3) The intention of the Congress and the Department of
Defense is that the college be a ``hands-on'' school,
preparing officers for joint duty assignments through
extensive use of case studies and war games that focus on the
specifics of joint warfare and involve theaters of war set in
both developed and underdeveloped regions.
(4) The inadequate wargaming capability at the college does
not allow for a hands-on approach, nor does the current
capability and associated facilities, in particular, the
antiquated and decaying library, support an atmosphere in
which students are able to develop critical thinking skills
and problem-solving abilities as they pertain to joint
operational planning and warfighting.
(5) In order for the college to fulfill its mission to
educate officers in joint matters with a curriculum that is
hands-on from the first day of school until the last, the
college must be able to run war games and practical exercises
simultaneously whenever the curriculum dictates. To meet this
requirement, the college must have its own wargaming
facility.
(6) Neither the Joint Warfighting Center, which Congress
strongly supported in Public Law 103-160, nor a proposed
wargaming facility for the United States Atlantic Command
(both of which will be located miles from the college), can
fulfill the unique, continuous, on-campus educational
requirements of the college.
(7) Off-site facilities cannot sustain the evolution of the
college to fulfill its potential as a research center for
joint operational excellence whose faculty and advanced
students achieve the highest levels of ability in critical
thinking and problem solving regarding joint matters and, as
a consequence, are capable of using wargaming, simulation,
and other analytical techniques to develop and evaluate
advanced warfighting and campaign concepts and doctrine for
the future employment of joint forces.
(8) The Congress, in the joint statement of managers to
accompany the bill H.R. 2401 of the 103d Congress--
(A) noted that there were ``no current Department of
Defense plans to upgrade the wargaming capability at the
Armed Forces Staff College'';
(B) urged ``that this situation be corrected and that the
Department of Defense, particularly the Chairman of the Joint
Chiefs of Staff and the Secretary of the Navy, develop plans
for a wargaming capability at AFSC comparable to those at the
Army, Navy, and Air Force professional military education
schools''; and
(C) stated that the conferees ``expect the Department of
Defense budget for fiscal year 1995 to contain a request for
funding to upgrade the wargaming capability at AFSC.''.
(9) The Department of Defense budget request for fiscal
year 1995 did not contain a request for funding to upgrade
the Armed Forces Staff College wargaming capability.
(b) Required Actions.--The Secretary of Defense shall--
(1) upgrade the wargaming capability at the Armed Forces
Staff College to make that capability, at a minimum,
comparable to the wargaming capability at the Army, Navy, and
Air Force professional military education schools;
(2) survey the other facilities and capabilities of the
college (in particular, the library and the classroom
instruction facilities) and upgrade them to make them
comparable to the facilities and capabilities at the Army,
Navy, and Air Force professional military education schools;
(3) include a request for funding the upgrades under
paragraphs (1) and (2) in the Department of Defense budget
for fiscal year 1996; and
(4) submit to the congressional defense committees, not
later than January 15, 1995, a plan for executing those
upgrades.
SEC. 531. PROHIBITION ON IMPOSITION OF ADDITIONAL CHARGES OR
FEES FOR ATTENDANCE AT CERTAIN ACADEMIES.
(a) Prohibition.--Except as provided in subsection (b), no
charge or fee for tuition, room, or board for attendance at
an academy named in subsection (c) may be imposed unless the
charge or fee is specifically authorized by a law enacted
after the date of the enactment of this Act.
(b) Exception.--The prohibition specified in subsection (a)
shall not apply with respect to any item or service provided
to cadets or midshipmen at an academy named in subsection (c)
for which a charge or fee is imposed as of the date of the
enactment of this Act. The Secretary of Defense or the
Secretary of Transportation, as the case shall be, shall
notify the Congress of any change made by an academy in the
amount of a charge or fee authorized under this subsection.
(c) Covered Academies.--This section applies to the
following:
(1) The United States Military Academy.
(2) The United States Naval Academy.
(3) The United States Air Force Academy.
(4) The United States Coast Guard Academy.
(5) The United States Merchant Marine Academy.
SEC. 532. AUTHORIZATION FOR INSTRUCTION OF CIVILIAN STUDENTS
AT FOREIGN LANGUAGE CENTER OF THE DEFENSE
LANGUAGE INSTITUTE.
(a) Admission of Civilians as Students.--(1) The Secretary
of the Army may enter into an agreement with an accredited
institution of higher education (or a consortium of such
institutions) under which students enrolled at an institution
of higher education that is a party to the agreement may
receive instruction at the Foreign Language Center of the
Defense Language Institute on a cost-reimbursable, space-
available basis.
(2) The Secretary may also permit other persons who would
benefit from the instruction provided at the Center, as
determined by the Secretary, to receive instruction at the
Center on a cost-reimbursable, space-available basis.
(b) Selection and Attendance.--(1) The Secretary shall
select the persons who will be permitted to receive
instruction at the Center pursuant to subsection (a). In the
case of agreements under subsection (a)(1), the Secretary
shall consult with the other parties to the agreements to
establish qualifications and methods of selection for persons
to receive instruction at the Center.
(2) Except as the Secretary determines necessary, a person
who receives instruction at the Center pursuant to subsection
(a) shall be subject to the same regulations governing
attendance, discipline, discharge, and dismissal as apply to
other persons attending the Center.
(c) Retention of Funds.--Amounts collected under subsection
(a) to reimburse the Center for the costs of providing
instruction to students under subsection (a) shall be
credited to funds available for compensation of instructors
at the Center and to defray direct civilian student costs to
the school.
(d) Center Defined.--For purposes of this section, the term
``Center'' means the Foreign Language Center of the Defense
Language Institute.
(e) Expiration of Authority.--No student may be admitted to
the Center under subsection (a) to commence classes beginning
after September 30, 1997.
SEC. 533. SENSE OF CONGRESS CONCERNING APPROPRIATE DEPARTMENT
OF DEFENSE FORCE STRUCTURE THROUGH 1997.
(a) Findings.--The Congress makes the following findings:
(1) The United States has commited itself to fight and win
two Persian Gulf-type regional wars almost simultaneously.
Both the Bush and Clinton administrations have embraced the
so-called ``win/win'' strategy which requires sizing the
military for two major regional conflicts.
(2) The involvement of the United States in relief efforts
in Somalia, the continued involvement of the United States in
Bosnia, and the possible need for military action in Korea
reaffirm the importance of a sufficient-sized military to
deter aggression and enforce America's interests abroad.
(3) The United States military will be called upon in the
future to perform an increasing number of humanitarian and
relief missions, causing increased strain on the resources of
the Armed Forces.
(4) The United States military force structure has shrunk
dramatically since the Persian Gulf War in 1991. Critical
force enhancements which will not be deployed for several
years are needed to achieve decisive victory in major
regional conflicts.
(b) Sense of Congress.--In light of the findings in
subsection (a), it is the sense of Congress that--
(1) through 1997 the United States should have--
(A) not less than 520,000 personnel in the active forces of
the Army;
[[Page 1013]]
(B) not less than 11 active aircraft carriers and one
reserve aircraft carrier in the Navy;
(C) not less than 20 active and reserve fighter wings in
the Air Force; and
(D) not less than 174,000 personnel in the active forces of
the Marine Corps;
(2) funding for national defense for fiscal years 1995
through 1997 should be established at a level sufficient to
support the force structure described in paragraph (1) and to
ensure that the United States does not have a hollow force;
and
(3) the force structure described in paragraph (1)
represents the minimum level which should be maintained, but
the President should be willing to increase defense spending
to meet new or existing threats.
SEC. 534. DISCHARGE OF MEMBERS WHO ARE PERMANENTLY
NONWORLDWIDE ASSIGNABLE.
(a) In General.--(1) Chapter 59 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1177. Members who are permanently nonworldwide
assignable: mandatory discharge or retirement; counseling
``(a) Required Separation.--A member of the armed forces
who is classified as permanently nonworldwide assignable due
to a medical condition shall (except as provided in
subsection (c)) be separated unless the Secretary concerned
determines that the retention of permanently nonworldwide
assignable service members would not adversely affect the
ability of the service to carry out its mission. Such
separation shall be made on a date determined by the
Secretary concerned, which (except as provided in subsection
(b)(2)) shall be as soon as practicable after the date on
which the determination is made that the member should be so
classified and not later than the last day of the twelfth
month beginning after that date.
``(b) Form of Separation.--(1) If a member to be separated
under this section is eligible to retire under any provision
of law or to be transferred to the Fleet Reserve or Fleet
Marine Corps Reserve, the member shall be so retired or so
transferred. Otherwise, the member shall be discharged.
``(2) In the case of a member to be discharged under this
section who on the date on which the member is to be
discharged is within two years of qualifying for retirement
under any provison of law, or of qualifying for transfer to
the Fleet Reserve or Fleet Marine Corps Reserve under section
6330 of this title, the member may, as determined by the
Secretary concerned, be retained on active duty until the
member is qualified for retirement or transfer to the Fleet
Reserve or Fleet Marine Corps Reserve, as the case may be,
and then be so retired or transferred, unless the member is
sooner retired or discharged under any other provision of
law.
``(c) Exceptions.--The Secretary concerned may waive
subsection (a) with respect to an individual member of the
armed forces under the jurisdiction of that Secretary if the
Secretary determines that there are circumstances that
warrant the retention of that member. Such circumstances may
include--
``(1) consideration that the medical condition making the
member permanently nonworldwide assignable was incurred in
combat or otherwise as the result of an action of the member
for which the member received a decoration or other
recognition for personal bravery;
``(2) consideration that the member has a specific
proficiency or skill that is vital to the national security;
and
``(3) any other circumstance that the Secretary considers
to be for the good of the service.
``(d) Counseling About Available Medical Care.--A member to
be separated under this section shall be provided
information, in writing, before such separation of the
available medical care (through the Department of Veterans
Affairs and otherwise) to treat the member's condition. Such
information shall include identification of specific medical
locations near the member's home of record or point of
discharge at which the member may seek necessary medical
care.
``(e) Separation To Be Considered Involuntary.--A
separation under this section shall be considered to be an
involuntary separation for purposes of any other provision of
law.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``1177. Members who are permanently nonworldwide assignable: mandatory
discharge or retirement; counseling.''.
(b) Effective Date.--Section 1177 of title 10, United
States Code, as added by subsection (a), shall apply with
respect to members determined to be permanently nonworldwide
assignable by reason of a medical condition before, on, or
after the date of the enactment of this Act. In the case of
such a determination made before the date of the enactment of
this Act, the period for the separation of the member
specified in subsection (a) of such section shall be treated
as beginning on the date of the enactment of this Act.
(c) Conforming Amendment.--Section 1174(a)(1) of title 10,
United States Code, is amended by striking out ``section
580'' and inserting in lieu thereof ``section 580, 1177,''.
SEC. 535. MILITARY RECRUITING ON CAMPUS.
(a) Denial of Funds.--(1) No funds available to the
Department of Defense may be provided by grant or contract to
any educational institution that has a policy of denying, or
which effectively prevents, the Secretary of Defense from
obtaining for military recruiting purposes--
(A) entry to campuses or access to students on campuses; or
(B) access to directory information pertaining to students.
(2) Students referred to in paragraph (1) are individuals
who are 17 years of age or older.
(b) Procedures for Determination.--The Secretary of
Defense, in consultation with the Secretary of Education,
shall prescribe regulations that contain procedures for
determining if and when an educational institution has denied
or prevented access to students or information described in
subsection (a).
(c) Definition.--For purposes of this section, the term
``directory information'' means, with respect to a student,
the student's name, address, telephone listing, date and
place of birth, level of education, degrees received, and the
most recent previous educational institution enrolled in by
the student.
SEC. 536. SURVEY ON THE STATE OF RACE AND ETHNIC ISSUES IN
THE MILITARY.
(a) Requirement for Survey.--The Secretary of Defense,
acting through the Armed Forces Survey on Race/Ethnic Issues,
shall carry out a biennial survey to measure the state of
racial and ethnic issues and discrimination among active-duty
military personnel. The survey shall solicit information on
the race relations climate in the services, including--
(1) indicators of positive and negative trends of relations
between all racial and ethnic groups; and
(2) the effectiveness of Department of Defense policies
designed to improve race and ethnic relations; and
(3) the effectiveness of current complaints and
investigations processes.
(b) Report to Congress.--The Secretary shall submit to
Congress the results from the first survey under subsection
(a) not later than February 15, 1995, and report the results
of future surveys biennially, thereafter.
SEC. 537. REQUEST FOR POSTHUMOUS COMMISSIONING IN THE ARMY OF
TWO AFRICAN AMERICANS DISCHARGED FROM WEST
POINT DUE TO RACIAL PREJUDICE DURING POST-CIVIL
WAR PERIOD.
(a) Request.--The President is authorized and requested to
issue, or have issued, posthumous commissions in the grade of
second lieutenant in the Regular Army--
(1) in the name of James Webster Smith of South Carolina,
the first African American appointed to the United States
Military Academy, who was appointed to the Academy in 1870
and was subsequently discharged from the Corps of Cadets of
the Academy and from the Army due to extreme racial
prejudice; and
(2) in the name of Johnson Chesnut Whittaker of South
Carolina, the third African American appointed to the United
States Military Academy, who was appointed to the Academy in
1876 and was subsequently discharged from the Corps of Cadets
of the Academy and from the Army shortly before his
graduation and commissioning as a second lieutenant due to
extreme racial prejudice.
(b) Treatment of Benefits.--The provisions of section 1523
of title 10, United States Code, apply in the case of a
commission issued as requested in subsection (a).
SEC. 538. DETAIL OF DEPARTMENT OF DEFENSE PERSONNEL TO ASSIST
IMMIGRATION AND NATURALIZATION SERVICE, BORDER
PATROL AND CUSTOMS SERVICE.
(a) Authority of Secretary of Defense.--Section 374 of
title 10, United States Code, is amended by adding at the end
the following new subsection:
``(d)(1) During each fiscal year, the Secretary of Defense
may make Department of Defense personnel currently stationed
in Europe available to assist--
``(A) at the request of the Attorney General, the
Immigration and Naturalization Service and the United States
Border Patrol in preventing the entry of terrorists, drug
traffickers, and illegal aliens into the United States; and
``(B) at the request of the Secretary of the Treasury, the
United States Customs Service in the inspection of cargo,
vehicles, and aircraft at points of entry into the United
States.''.
(b) Effective Date.--This section shall take effect on
October 1, 1994.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1995.
(a) Waiver of Section 1009 Adjustment.--Any adjustment
required by section 1009 of title 37, United States Code, in
elements of compensation of members of the uniformed services
to become effective during fiscal year 1995 shall not be
made.
(b) Increase in Basic Pay, BAS, and BAQ.--Effective on
January 1, 1995, the rates of basic pay, basic allowance for
subsistence, and basic allowance for quarters of members of
the uniformed services are increased by 2.6 percent.
(c) Increase in Cadet and Midshipman Pay.--Effective on
January 1, 1995, section 203(c)(1) of title 37, United States
Code, is amended by striking out ``$543.90'' and inserting in
lieu thereof ``$558.04''.
[[Page 1014]]
SEC. 602. COST-OF-LIVING ALLOWANCE FOR MEMBERS OF THE
UNIFORMED SERVICES ASSIGNED TO HIGH COST AREAS
IN THE CONTINENTAL UNITED STATES.
(a) Allowance Required.--(1) Chapter 7 of title 37 is
amended by inserting after section 403a the following new
section:
``Sec. 403b. Cost-of-living allowance in the continental
United States
``(a) Members Eligible.--(1) A member of the uniformed
services who is assigned to a high cost area in the
continental United States is entitled to a cost-of-living
allowance under this section.
``(2) A member who is assigned to an unaccompanied tour of
duty outside the continental United States is entitled to a
cost-of-living allowance under this section if the dependents
of the member reside in a high cost area in the continental
United States.
``(3) A member who is assigned to duty in the continental
United States and whose dependents, due to the duty location
or other circumstances, must reside in a high cost area in
the continental United States, may be paid a cost-of-living
allowance under this section based on the area where the
dependents reside if it would be inequitable to base the
allowance on the duty location of the member.
``(b) Exceptions or Conditions.--(1) A member of the
uniformed services who is otherwise entitled to a cost-of-
living allowance under this section is not entitled to the
allowance for the number of days during which travel is
authorized while changing permanent duty stations.
``(2) A member of a reserve component is not entitled to a
cost-of-living allowance under this section unless the member
is on active duty under a call or order that specifies a tour
of active duty of 140 days or more or states that the active
duty is in support of a contingency operation.
``(c) Annual Allowance Threshold.--Based on the amount of
funds available for a fiscal year to provide cost-of-living
allowances under this section, the Secretary of Defense shall
establish annually an allowance threshold to represent the
percentage by which the cost of living of an area must exceed
the national average cost of living in order to qualify the
area as a high cost area for payment of the cost-of-living
allowance to members of the uniformed services described in
subsection (a). However, the allowance threshold for a fiscal
year may not be less than 1.05 nor more than 1.08.
``(d) Determination of National and Area Cost of Livings.--
(1) The Secretary of Defense shall establish the cost-of-
living allowance for a fiscal year by using the Consumer
Price Index (as determined by the Bureau of Labor Statistics
of the Department of Labor) or by using a comparable index
developed in the private sector to determine a national
average cost of living and the cost of living for various
areas in the continental United States. To determine the cost
of living of members of the uniformed services, the Secretary
shall consider nonhousing costs (such as transportation,
goods, and services) incurred by members of the uniformed
services and average income tax paid by such members. The
Secretary shall reduce the amounts determined to exclude cost
savings attributable to military facilities (such as
commissary, military exchange, and military health care
benefits) and any military subsistence allowance.
``(e) Allowance Factor.--The factor used in a particular
high cost area to calculate the amount of the cost-of-living
allowance for a fiscal year for members of the uniformed
services described in subsection (a) shall be equal to the
difference between--
``(1) the cost of living for the high cost area divided by
the national average cost of living; and
``(2) the allowance threshold established under subsection
(c) for that year.
``(f) Amount of Allowance.--The cost-of-living allowance of
a member of the uniformed services described in subsection
(a) who is covered by a particular high cost area is equal to
the product of the basic pay of the member and the allowance
factor for that high cost area determined under subsection
(e). The Secretary shall adjust the amount determined to
maintain after-tax purchasing power of the allowance.
``(g) Definitions.--In this section--
``(1) the term `high cost area' means an area in the
continental United States in which the cost of living, with
respect to a particular fiscal year, exceeds the national
average cost of living by a percentage greater than the
allowance threshold established for that fiscal year under
subsection (c); and
``(2) the term `continental United States' means the 48
contiguous States and the District of Columbia.''.
(2) The table of sections at the beginning of chapter 7 of
title 37, United States Code, is amended by inserting after
the item relating to section 403a the following new item:
``403b. Cost-of-living allowance in the continental United States.''.
(b) Application of Amendment.--The Secretary of Defense may
not provide a cost-of-living allowance under section 403b of
title 37, United States Code, as added by subsection (a),
before July 1, 1995.
SEC. 603. INCREASE IN SUBSISTENCE ALLOWANCE PAYABLE TO
MEMBERS OF SENIOR RESERVE OFFICERS' TRAINING
CORPS.
(a) Increase.--Section 209(a) of title 37, United States
Code, is amended by striking out ``$100 a month'' in the
first sentence and inserting in lieu thereof ``$150 a
month''.
(b) Application of Increase.--(1) Except as provided in
paragraph (2), the amendments made by subsection (a) shall
apply with respect to months beginning after August 31, 1995.
(2) Upon the approval of the Secretary of Defense, the
Secretary of a military department may implement such
amendments at an earlier date with respect to members of the
Senior Reserve Officers' Training Corps under the
jurisdiction of the Secretary if funds are available for the
monthly subsistence allowances authorized by such amendments.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. INCREASE IN AUTHORIZED INCENTIVE SPECIAL PAY FOR
CERTIFIED REGISTERED NURSE ANESTHETISTS.
Section 302e(a)(1) of title 37, United States Code, is
amended by striking out ``$6,000'' and inserting in lieu
thereof ``$15,000''.
SEC. 612. EXTENSION OF AUTHORITY FOR PAYMENT OF AVIATION
OFFICER RETENTION BONUS
Section 301b(a) of title 37, United States Code, is amended
by striking out ``September 30, 1994'' and inserting in lieu
thereof ``September 30, 1995''.
Subtitle C--Travel and Transportation Allowances
SEC. 621. CHANGE IN PROVISION OF TRANSPORTATION INCIDENT TO
PERSONAL EMERGENCIES FOR MEMBERS STATIONED
OUTSIDE THE CONTINENTAL UNITED STATES.
Section 411d(b) of title 37, United States Code, is
amended--
(1) in paragraph (1)--
(A) in the matter preceding the subparagraphs, by striking
``from the international airport'' and all that follows
through ``or the international airport nearest'' and
inserting in lieu thereof ``from the location of the member
or dependents, at the time notification of the personal
emergency is received, or''; and
(B) in subparagraph (A), by striking ``closest to the
international airport'' and inserting in lieu thereof
``closest to the location''; and
(2) in paragraph (4), by striking ``to the international
airport'' and all that follows through the period and
inserting in lieu thereof ``to the location from which the
member or dependent departed or the member's duty station.''.
SEC. 622. CLARIFICATION OF TRAVEL AND TRANSPORTATION
ALLOWANCE OF FAMILY MEMBERS INCIDENT TO THE
SERIOUS ILLNESS OR INJURY OF MEMBERS.
(a) Allowance in Cases of Brain Death.--Subsection (a) of
section 411h of title 37, United States Code, is amended--
(1) in paragraph (1), by striking out ``is necessary for''
and inserting in lieu thereof ``may contribute to''; and
(2) in paragraph (2), by striking out subparagraph (B) and
inserting in lieu thereof the following new subparagraph:
``(B) is seriously ill, seriously injured, or in a
situation of imminent death, whether or not electrical brain
activity still exists or brain death is declared; and''.
(b) Definition of Health and Welfare.--Subsection (b) of
such section is amended by adding at the end the following
new paragraph:
``(3) In this section, the term `health and welfare', with
respect to a member, includes a situation in which a decision
must be made by family members regarding the termination of
artificial life support being provided to the member.''.
Subtitle D--Retired Pay and Survivor Benefits
SEC. 631. ELIMINATION OF DISPARITY BETWEEN EFFECTIVE DATES
FOR MILITARY AND CIVILIAN RETIREE COST-OF-
LIVING ADJUSTMENTS FOR FISCAL YEAR 1995.
(a) In General.--The fiscal year 1995 increase in military
retired pay shall (notwithstanding subparagraph (B) of
section 1401a(b)(2) of title 10, United States Code) first be
payable as part of such retired pay for the month of March
1995.
(b) Definitions.--For the purposes of subsection (a):
(1) The term ``fiscal year 1995 increase in military
retired pay'' means the increase in retired pay that,
pursuant to paragraph (1) of section 1401a(b) of title 10,
United States Code, becomes effective on December 1, 1994.
(2) The term ``retired pay'' includes retainer pay.
(c) Limitation.--Subsection (a) shall be effective only if
there is appropriated to the Department of Defense Military
Retirement Fund (in an Act making appropriations for the
Department of Defense for fiscal year 1995 that is enacted
before March 1, 1995) such amount as is necessary to offset
increased outlays to be made from that fund during fiscal
year 1995 by reason of the provisions of subsection (a).
(d) Authorization of Appropriations.--There is authorized
to be appropriated for fiscal year 1995 to the Department of
Defense Military Retirement Fund the sum of $376,000,000 to
offset increased outlays to be made from that fund during
fiscal year 1995 by reason of the provisions of subsection
(a).
SEC. 632. CLARIFICATION OF CALCULATION OF RETIRED PAY FOR
OFFICERS WHO RETIRE IN A GRADE LOWER THAN THE
GRADE HELD AT RETIREMENT.
(a) Prevention of Retired Pay Based on Grade Higher Than
Retired Grade.--Section 1401a(f) of title 10, United States
Code, is amended--
(1) in the first sentence, by inserting ``based on the
grade in which the member is retired'' after ``at an earlier
date'';
[[Page 1015]]
(2) in the second sentence, by inserting ``, except that
such computation may not be based on a rate of basic pay for
a grade higher than the grade in which the member is
retired'' before the period at the end; and
(3) by striking out the third sentence.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to the computation of the retired
pay of a member of the armed forces who retires on or after
the date of the enactment of this Act.
SEC. 633. CREDITING OF RESERVE SERVICE OF ENLISTED MEMBERS
FOR COMPUTATION OF RETIRED PAY.
(a) Army.--(1) Section 3925 of title 10, United States
Code, is amended--
(A) in subsection (a), by striking out ``and of computing
his retired pay under section 3991 of this title,''; and
(B) by striking out subsection (c).
(2) The table in section 3991(a)(1) of such title is
amended by striking out ``section 3925'' in formula B under
the column designated ``Column 2'' and inserting in lieu
thereof ``section 1405''.
(3) The table in section 3992 of such title is amended by
striking out ``section 3925'' in formula A under the column
designated ``Column 2'' and inserting in lieu thereof
``section 1405''.
(b) Navy and Marine Corps.--The table in section 0634(a) of
title 10, United States Code, is amended by striking out
``his years of active service in the armed forces'' in
formula C under the column designated ``Column 2'' and
inserting in lieu thereof ``the years of service that may be
credited to him under section 1405.''.
(c) Air Force.--(1) Section 8925 of title 10, United States
Code, is amended--
(A) in subsection (a), by striking out ``and of computing
his retired pay under section 8991 of this title,''; and
(B) by striking out subsection (c).
(2) The table in section 8991(a)(1) of such title is
amended by striking out ``section 8925'' in formula B under
the column designated ``Column 2'' and inserting in lieu
thereof ``section 1405''.
(3) The table in section 8992 of such title is amended by
striking out ``section 8925'' in formula A under the column
designated ``Column 2'' and inserting in lieu thereof
``section 1405''.
(d) Conforming Amendment.--Section 1405 of such title is
amended by adding at the end the following new subsection:
``(c) Exclusion of Time Required To Be Made Up.--Time
required to be made up by an enlisted member of the Army or
Air Force under section 972 of this title may not be counted
in determining years of service under subsection (a).''.
(e) Effective Date.--This section shall apply to the
computation of the retired or retainer pay of any enlisted
member who retires or is transferred to the Fleet Reserve or
the Fleet Marine Corps Reserve on or after the date of the
enactment of this Act.
SEC. 634. MINIMUM REQUIRED RESERVE SERVICE FOR ELIGIBILITY
FOR RETIRED PAY FOR NONREGULAR SERVICE DURING
FORCE DRAWDOWN PERIOD.
Section 1331 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(f) In the case of a person who completes the service
requirements of subsection (a)(2) during the period beginning
on the date of the enactment of this subsection and ending on
September 30, 1999, the entitlement of that person, upon
application, to retired pay under this section shall be
determined, in the case of the requirement specified in
subsection (a)(3), by substituting `the last six years' for
`the last eight years'.''.
SEC. 635. SBP PREMIUMS FOR RESERVE-COMPONENT CHILD-ONLY
COVERAGE.
(a) Determination of Premiums.--Subsection (b) of section
1452 of title 10, United States Code, is amended to read as
follows:
``(b) Child-Only Annuities.--
``(1) Required reduction in retired pay.--The retired pay
of a participant in the Plan who is providing child-only
coverage (as described in paragraph (4)) shall be reduced by
an amount prescribed under regulations by the Secretary of
Defense.
``(2) No reduction when no child.--There shall be no
reduction in retired pay under paragraph (1) for any month
during which the participant has no eligible dependent child.
``(3) Special rule for certain rcsbp participants.--In the
case of a participant in the Plan who is participating in the
Plan under an election under section 1448(a)(2)(B) of this
title and who provided child-only coverage during a period
before the participant becomes entitled to receive retired
pay, the retired pay of the participant shall be reduced by
an amount prescribed under regulations by the Secretary of
Defense to reflect the coverage provided under the Plan
during the period before the participant became entitled to
receive retired pay. A reduction under this paragraph is in
addition to any reduction under paragraph (1) and is made
without regard to whether there is an eligible dependent
child during a month for which the reduction is made.
``(4) Child-only coverage defined.--For the purposes of
this subsection, a participant in the Plan who is providing
child-only coverage is a participant who has a dependent
child and who--
``(A) does not have an eligible spouse or former spouse; or
``(B) has a spouse or former spouse but has elected to
provide an annuity for dependent children only.''.
(b) Effective Date.--(1) Except as provided in paragraph
(2), the amendment made by subsection (a) applies to any
election for child-only coverage under a reserve-component
annuity under the Survivor Benefit Plan, whether made before,
on, or after the date of the enactment of this Act.
(2) Paragraph (1) does not apply in a case of an election
referred to in that paragraph that was made before the date
of the enactment of this Act if the participant was informed,
in writing, before the date of the enactment of this Act that
no reduction in the participant's retired pay for child-only
coverage would be made during a period when there was no
eligible dependent child.
SEC. 636. DISCONTINUATION OF INSURABLE INTEREST COVERAGE
UNDER SURVIVOR BENEFIT PLAN.
Paragraph (1) of section 1448(b) of title 10, United States
Code, is amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following:
``(B) An election under subparagraph (A) for a beneficiary
who is not the former spouse of the person providing the
annuity may be terminated. Any such termination shall be made
by a participant by the submission to the Secretary concerned
of a request to discontinue participation in the Plan, and
such participation in the Plan shall be discontinued
effective on the first day of the first month following the
month in which the request is received by the Secretary
concerned. Effective on such date, the Secretary concerned
shall discontinue the reduction being made in such person's
retired pay on account of participation in the Plan or, in
the case of a person who has been required to make deposits
in the Treasury on account of participation in the Plan, such
person may discontinue making such deposits effective on such
date.
``(C) A request under subparagraph (B) to discontinue
participation in the Plan shall be in such form and shall
contain such information as may be required under regulations
prescribed by the Secretary of Defense.
``(D) The Secretary concerned shall furnish promptly to
each person who submits a request under subparagraph (B) to
discontinue participation in the Plan a written statement of
the advantages and disadvantages of participating in the Plan
and the possible disadvantages of discontinuing
participation. A person may withdraw the request to
discontinue participation if withdrawn within 30 days after
having been submitted to the Secretary concerned.
``(E) Once participation is discontinued, benefits may not
be paid in conjunction with the earlier participation in the
Plan and premiums paid may not be refunded. Participation in
the Plan may not later be resumed except through a qualified
election under paragraph (5) of subsection (a).''.
Subtitle E--Other Matters
SEC. 641. AUTHORITY FOR SURVIVORS TO RECEIVE PAYMENT FOR ALL
LEAVE ACCRUED BY DECEASED MEMBERS.
(a) Removal of 60-Day Limitation.--Subsection (d) of
section 501 of title 37, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking out ``(1)'' after ``(d)''; and
(B) by striking out the last sentence and inserting in lieu
thereof the following: ``The limitations contained in the
second sentence of subsection (b)(3), subsection (f), and the
second sentence of subsection (g) on the number of days of
leave for which payment may be made shall not apply with
respect to payments made under this subsection.''; and
(2) by striking out paragraph (2).
(b) Conforming Amendment.--Subsection (f) of such section
is amended by striking out ``, (d),'' in the first sentence.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
SEC. 701. REVISION OF DEFINITION OF DEPENDENTS TO INCLUDE
YOUNG PEOPLE BEING ADOPTED BY MEMBERS OR FORMER
MEMBERS.
(a) Eligibility for Health Benefits.--Section 1072 of title
10, United States Code, is amended--
(1) in paragraph (2)(D), by striking out ``, including an
adopted child or stepchild,''; and
(2) by adding at the end the following new paragraph:
``(6) The term `child' includes an adopted child, a
stepchild, or an unmarried person placed in the home of a
member or former member of a uniformed service by a State
licensed placement agency (recognized by the Secretary of
Defense) in anticipation of the legal adoption of the person
by the member or former member, who otherwise meets the
requirements specified in paragraph (2)(D).''.
(b) Conforming Amendment.--Section 401(b)(1)(B) of title
37, United States Code, is amended by striking out
``placement agency for the purpose of adoption'' and
inserting in lieu thereof ``State licensed placement agency
(recognized by the Secretary of Defense) in anticipation of
the legal adoption of the child by the member''.
SEC. 702. TREATMENT OF CERTAIN DEPENDENTS AS CHILDREN FOR
PURPOSES OF CHAMPUS, DEPENDENTS' DENTAL
PROGRAM, AND CONTINUED HEALTH BENEFITS
COVERAGE.
(a) CHAMPUS.--Section 1079(a) of title 10, United States
Code, is amended in the first sentence by striking out ``and
children'' and inserting in lieu thereof ``, children, and
dependents described in section 1072(2)(I) of this title''.
(b) Dependents' Dental Program.--Section 1076a of such
title is amended--
(1) in subsection (a)(1), by striking out ``spouses and
children (as described in sec-
[[Page 1016]]
tion 1072(2)(D) of this title)'' and inserting in lieu
thereof ``eligible dependents'';
(2) in subsection (e), by striking out ``spouse or child''
and inserting in lieu thereof ``eligible dependent'';
(3) in subsection (f), by striking out ``spouse or
children'' both places it appears and inserting in lieu
thereof ``eligible dependents''; and
(4) by adding at the end the following new subsection:
``(h) Eligible Dependent Defined.--In this section, the
term `eligible dependent' means a spouse, child, or dependent
described in section 1072(2)(I) of this title of a member of
the uniformed services who is on active duty for a period of
more than 30 days.''.
(c) Continued Health Benefits Coverage.--Section 1078a of
such title is amended--
(1) in subsection (b)(2)(A), by inserting before the
semicolon the following: ``or ceases to meet the requirements
for being considered an unmarried dependent under section
1072(2)(I) of this title'';
(2) in subsection (c)(3)--
(A) by striking out ``child'' both places it appears and
inserting in lieu thereof ``dependent''; and
(B) by striking out ``child's'' each place it appears and
inserting in lieu thereof ``dependent's'';
(3) in subsection (d)(2)(A)--
(A) by striking out ``child'' the first, second, and fourth
places it appears and inserting in lieu thereof
``dependent''; and
(B) by striking out ``an unmarried dependent child under
section 1072(2)(D) of this title,'' and inserting in lieu
thereof ``a dependent under subparagraph (D) or (I) of
section 1072(2) of this title;'';
(4) in subsection (d)(2)(B)--
(A) by striking out ``child'' and inserting in lieu thereof
``dependent''; and
(B) by striking out ``child's'' and inserting in lieu
thereof ``dependent's'';
(5) in subsection (g)(1)(B), by striking out ``an unmarried
dependent child under section 1072(2)(D) of this title'' and
inserting in lieu thereof ``a dependent under subparagraph
(D) or (I) of section 1072(2) of this title''; and
(6) in subsection (g)(2), by striking out ``child'' both
places it appears and inserting in lieu thereof
``dependent''.
SEC. 703. AUTHORIZATION FOR MEDICAL AND DENTAL CARE OF ABUSED
DEPENDENTS OF CERTAIN MEMBERS.
(a) Additional Basis for Care.--Subsection (e) of section
1076 of title 10, United States Code, is amended--
(1) by striking out paragraph (1) and inserting in lieu
thereof the following new paragraph:
``(1) Subject to paragraph (3), if an abused dependent of a
member of a uniformed service described in paragraph (4)
needs medical or dental care for an injury or illness
resulting from the abuse, the administering Secretary may,
upon request of the abused dependent, furnish medical or
dental care to the dependent for the treatment of such injury
or illness in facilities of the uniformed services.''; and
(2) by adding at the end the following new paragraph:
``(4)(A) A member of a uniformed service referred to in
paragraph (1) is a member who--
``(i) receives a dishonorable or bad-conduct discharge or
is dismissed from a uniformed service as a result of a court-
martial conviction for a criminal offense, under either
military or civil law, involving abuse of a dependent of the
member; or
``(ii) is administratively discharged from a uniformed
service as a result of such an offense.
``(B) Whether an offense involved abuse of a dependent of
the member shall be determined in accordance with regulations
prescribed by the administering Secretary for such uniformed
service.''.
(b) Conforming Amendments.--Such subsection is further
amended--
(1) in paragraph (2), by striking out ``paragraph (1)(A)''
and inserting in lieu thereof ``paragraph (4)''; and
(2) in paragraph (3)(C), by striking out ``paragraph
(1)(A)'' and inserting in lieu thereof ``paragraph (4)''.
SEC. 704. ADDITIONAL AUTHORIZED HEALTH CARE SERVICE AVAILABLE
THROUGH MILITARY HEALTH CARE SYSTEM.
Section 1077(b)(2)(B) of title 10, United States Code, is
amended by inserting after ``artificial limbs'' the
following: ``, voice prostheses,''.
Subtitle B--Changes to Existing Laws Regarding Health Care Management
SEC. 711. EXPANDED USE OF PARTNERSHIP AND RESOURCE SHARING
PROGRAMS FOR IMPROVED COST-EFFECTIVENESS.
Section 1096 of title 10, United States Code, is amended by
inserting at the end the following new subsections:
``(d) Payments by Non-Federal Parties.--An agreement
entered into under subsection (a) may require a civilian
health care provider that is a party to the agreement to make
payments to a facility of the uniformed services in
connection with resources specified in subsection (b) that
are provided by the facility under the agreement. Amounts
received by the facility under this subsection shall be
credited to the appropriation supporting the maintenance and
operation of the facility and shall not be taken into
consideration in establishing the operating budget of the
facility.
``(e) Reimbursement for License Fees.--In the case of an
agreement entered into under subsection (a) under which
personnel of the uniformed services who are assigned to a
facility of the uniformed services will provide health care
services at a facility of a civilian health care provider,
the Secretary of Defense may reimburse the personnel for any
professional license fee that is required by the governmental
jurisdiction in which the civilian health care facility is
located and is paid by the personnel if the Secretary
determines that such reimbursement is necessary to
effectively implement the agreement. The amount of such
reimbursement may not exceed $500 per person.''.
SEC. 712. IMPOSITION OF ENROLLMENT FEES FOR MANAGED CARE
PLANS.
Section 1097(c) of title 10, United States Code, is amended
by adding at the end the following new sentence: ``In the
case of contracts for health care services under this section
or health care plans offered under section 1099 of this title
for which the Secretary permits covered beneficiaries who are
covered by section 1086 of this title and who participate in
such contracts or plans to pay an enrollment fee in lieu of
meeting the deductible amount specified in section 1086(b) of
this title, the Secretary may establish the same (or a lower)
enrollment fee for covered beneficiaries described in section
1086(d)(1) of this title who also participate in such
contracts or plans.''.
SEC. 713. STRENGTHENING MANAGED HEALTH CARE AUTHORITIES.
(a) Amendments to Alternative Health Care Delivery
Contracts Authority.--Section 1097 of title 10, United States
Code, is amended--
(1) by redesignating subsection (c) (as amended by section
712) as subsection (e); and
(2) by inserting after subsection (b) the following new
subsections:
``(c) Coordination With Facilities of the Uniformed
Services.--The Secretary of Defense may provide for the
coordination of health care services provided pursuant to any
contract or agreement under this section with those services
provided in medical treatment facilities of the uniformed
services. Subject to the availability of space and facilities
and the capabilities of the medical or dental staff, the
Secretary may not deny access to facilities of the uniformed
services to covered beneficiaries based on enrollment or
declination of enrollment in any program established under,
or operating in connection with, any contract under this
section. However, the Secretary may, as an incentive for
enrollment, establish reasonable preferences for services in
facilities of the uniformed services for covered
beneficiaries enrolled in any program established under, or
operating in connection with, any contract under this
section.
``(d) Coordination With Other Health Care Programs.--In the
case of a covered beneficiary who has enrolled in a managed
health care program not operated under the authority of this
chapter, the Secretary may contract under this section with
such other managed health care program for the purpose of
coordinating the beneficiary's dual entitlements under such
program and this chapter. A managed health care program with
which arrangements may be made under this subsection includes
any health maintenance organization, competitive medical
plan, health care prepayment plan, or other managed care
program recognized pursuant to regulations issued by the
Secretary.''.
(b) Amendments to Third Party Collections Program
Authority.--Section 1095 of title 10, United States Code, is
amended--
(1) in subsection (b), by striking out ``if that care'' and
all that follows through the period and inserting in lieu
thereof the following: ``shall operate to prevent collection
by the United States under subsection (a) if that care is
provided--
``(1) through a facility of the uniformed services;
``(2) directly or indirectly by a governmental entity;
``(3) to an individual who has no obligation to pay for
that care or for whom no other person has a legal obligation
to pay; or
``(4) by a provider with which the third party payer has no
participation agreement.'';
(2) in subsection (d), by inserting ``and except as
provided in subsection (j),'' after ``(b),'';
(3) in subsection (h)(1), by adding at the end the
following new sentence: ``Such term also includes entities
described in subsection (j) under the terms and to the extent
provided in such subsection.''; and
(4) by adding at the end the following new subsection:
``(j) The Secretary of Defense may enter into an agreement
with any health maintenance organization, competitive medical
plan, health care prepayment plan, or other similar plan
(pursuant to regulations issued by the Secretary) providing
for collection under this section from such organization or
plan for services provided to a covered beneficiary who is an
enrollee in such organization or plan.''.
SEC. 714. DELAY IN DEADLINE FOR USE OF HEALTH MAINTENANCE
ORGANIZATION MODEL AS OPTION FOR MILITARY
HEALTH CARE.
Section 731 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1696; 10
U.S.C. 1073 note) is amended--
(1) in subsection (a), by striking out ``after the date of
the enactment of this Act'' and inserting in lieu thereof
``after December 31, 1994'';
[[Page 1017]]
(2) in subsection (e), by striking out ``February 1, 1994''
and inserting in lieu thereof ``December 31, 1994''; and
(3) by adding at the end the following new subsection (f):
``(f) Modification of Existing Contracts.--In the case of
managed health care contracts in effect or in final stages of
acquisition as of December 31, 1994, the Secretary may modify
such contracts to incorporate the health benefit option
required under subsection (a).''.
SEC. 715. LIMITATION ON REDUCTION IN NUMBER OF RESERVE
COMPONENT MEDICAL PERSONNEL.
Section 518(a) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2407) is
amended--
(1) by inserting before the period at the end the
following: ``, unless the Secretary certifies to Congress
that the number of such personnel to be reduced in a
particular military department is excess to the current and
projected needs for personnel in the Selected Reserve of that
military department''; and
(2) by adding at the end the following new sentence: ``The
assessment of current and projected personnel needs under
this subsection shall be consistent with the wartime
requirements for Selected Reserve personnel identified in the
final report on the comprehensive study of the military
medical care system prepared pursuant to section 733 of the
National Defense Authorization Act for Fiscal Years 1992 and
1993 (Public Law 102-190; 10 U.S.C. 1071 note).''.
Subtitle C--Other Matters
SEC. 721. DELAY IN CLOSURE OF ARMY HOSPITAL AT VICENZA,
ITALY.
(a) Closure Delay.--During fiscal year 1995, the Secretary
of the Army may not reduce the level of medical care services
provided by the United States Army Hospital at Vicenza,
Italy.
(b) Report on Hospital.--Not later than March 1, 1995, the
Secretary of Defense shall submit to Congress a report
regarding the operation of the Army Hospital at Vicenza,
Italy. The report shall contain the following:
(1) A description of the number and demographic
characteristics of members of the Armed Forces on active duty
and covered beneficiaries under chapter 55 of title 10,
United States Code, who typically receive medical care
services at the hospital, including those members and covered
beneficiaries stationed or residing at (or in the immediate
vicinity of) Aviano Air Force Base and Camp Darby.
(2) An analysis of the projected costs or savings,
including the cost of CHAMPUS benefits, resulting from the
programmed closure of the hospital.
(3) A description of the differences in practice patterns
between American and Italian doctors, such as differences in
the normal lengths of stay for the most frequent inpatient
admissions (including childbirth) and the availability of
alternative methods of providing anesthesia during
childbirth.
(4) An analysis of the feasibility of establishing a
birthing center for the area and patients currently served by
the hospital, to be staffed primarily by American nurse-
midwives.
(5) A detailed plan for ensuring the availability of
quality medical care, consistent with American medical
practice patterns, for covered beneficiaries residing in
Northern Italy.
SEC. 722. DEMONSTRATION PROGRAM FOR ADMISSION OF CIVILIANS AS
PHYSICIAN ASSISTANT STUDENTS AT ACADEMY OF
HEALTH SCIENCES, FORT SAM HOUSTON, TEXAS.
(a) Civilian Attendance.--The Secretary of the Army may
enter into a reciprocal agreement with an accredited
institution of higher education under which students of the
institution may attend the didactic portion of the physician
assistant training program conducted by the Army Medical
Department at the Academy of Health Sciences at Fort Sam
Houston, Texas, in exchange for the provision of such
academic services by the institution as the Secretary and the
institution consider to be appropriate to support the
physician assistant training program. The Secretary shall
ensure that the Army Medical Department does not incur any
additional costs as a result of the agreement than the
Department would incur to obtain academic services for the
physician assistant training program in the absence of the
agreement.
(b) Selection of Students.--(1) Subject to paragraph (2),
not more than 20 civilian students per year may receive
instruction at the Academy pursuant to the agreement under
subsection (a). In consultation with the institution of
higher education that is a party to the agreement, the
Secretary shall establish qualifications and methods of
selection for civilian students to receive instruction at the
Academy. The qualifications established shall be comparable
to those generally required for admission to the physician
assistant training program at the Academy.
(2) The Secretary shall ensure that members of the Armed
Forces are not denied enrollment in the physician assistant
training program in order to permit the attendance of
civilian students. The maximum annual enrollment for the
program may not be increased solely for the purpose of
permitting civilian students to attend the program.
(c) Rules of Attendance.--Except as the Secretary
determines necessary, a civilian student who receives
instruction at the Academy pursuant to the agreement under
subsection (a) shall be subject to the same regulations
governing attendance, discipline, discharge, and dismissal as
apply to military students attending the Academy.
(d) Term and Termination of Agreement.--The term of the
agreement entered into under subsection (a) may not extend
beyond September 30, 1997. Either party to the agreement may
terminate the agreement at any time before that date.
(e) Report.--For each year in which the agreement under
subsection (a) is in effect, the Secretary shall submit to
Congress a report specifying the number of civilian students
who received instruction at the Academy under the agreement
during the period covered by the report and accessing the
benefits to the United States of the agreement.
(f) Academy Defined.--For purposes of this section, the
term ``Academy'' means the Academy of Health Sciences of the
Army Medical Department at Fort Sam Houston, Texas.
SEC. 723. REPORT ON EXPANDED USE OF NONAVAILABILITY OF HEALTH
CARE STATEMENTS.
(a) Report Required.--Not later than December 31, 1994, the
Secretary of Defense shall submit to Congress a report
describing the plans (if any) of the Department of Defense to
use the authority provided in sections 1080(b) and 1086(e) of
title 10, United States Code, regarding making a
determination whether to issue a nonavailability of health
care statement. The report shall include an analysis of the
impact of such plans on--
(1) the freedom of choice of covered beneficiaries in
selecting their health care providers;
(2) the access of covered beneficiaries to health care
services;
(3) the quality and continuity of health care services;
(4) the clarity and understandability of the applicable
requirements regarding issuance nonavailability of health
care statements; and
(5) the health care costs incurred by the United States and
covered beneficiaries.
(b) Use of Authority.--During the period beginning on the
date of the enactment of this Act and ending 90 days after
the date the Secretary submits the report required by
subsection (a), the Secretary may not--
(1) expand the number or size of the geographical areas in
which the Secretary is currently using the authority provided
by sections 1080(b) and 1086(e) of title 10, United States
Code; or
(2) implement or use such authority in a manner
inconsistent with the manner in which such authority was
implemented or used as of February 1, 1994.
SEC. 724. SENSE OF CONGRESS ON CONTINUITY OF HEALTH CARE
SERVICES FOR COVERED BENEFICIARIES IN CERTAIN
AREAS AFFECTED BY BASE CLOSURES.
(a) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense should take all appropriate steps,
including a limited continuation of services for managed
health care currently provided to covered beneficiaries
described in subsection (b) who are eligible for such
services, to ensure the continuity of health care services
for such beneficiaries during the procurement, transition,
and initial implementation phases of the TRICARE managed care
support contract for Health Services Region Six of the
Military Health Services System of Department of Defense.
(b) Covered Beneficiaries Described.--The covered
beneficiaries referred to in subsection (a) are covered
beneficiaries under chapter 55, United States Code, who
reside in areas adversely affected by the closure of England
Air Force Base, Louisiana, Bergstrom Air Force Base, Texas,
or Carswell Air Force Base, Texas, and for whom the Secretary
of Defense established a contracted managed health care
program, as required by section 9032 of the Department of
Defense Appropriations Act, 1993 (P.L. 102-396; 106 Stat.
1907).
SEC. 725. ORAL TYPHOID VACCINE INVENTORY OF DEPARTMENT OF
DEFENSE.
(a) Number of Doses Maintained in Inventory.--The Secretary
of Defense shall direct that the number of doses of oral
typhoid vaccine maintained in inventory by the Department of
Defense during a fiscal year is not less than the number of
doses of parenteral injection typhoid vaccine maintained in
inventory by the Department during that fiscal year.
(b) Waiver.--The Secretary of Defense may waive the
applicability of subsection (a) for a fiscal year if the
Secretary determines that the waiver is necessary for reasons
of national security and notifies Congress of the reasons for
the waiver.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Assistance Programs
SEC. 801. PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS.
Of the amount authorized to be appropriated in section
301(5), $12,000,000 shall be available for carrying out the
provisions of chapter 142 of title 10, United States Code.
Subtitle B--Acquisition Improvement
PART I--GENERAL IMPROVEMENTS
SEC. 811. CONGRESSIONAL DEFENSE PROCUREMENT POLICY.
Section 2301 of title 10, United States Code, is amended to
read as follows:
``Sec. 2301. Congressional defense procurement policy
``(a) The Congress finds that in order to ensure national
defense preparedness; conserve
[[Page 1018]]
fiscal resources; enhance science and technology, research
and development, and production capability; provide for
continued development and preservation of an efficient and
responsive defense industrial base; and ensure the financial
and ethical integrity of defense procurement programs, it is
in the interest of the United States that property and
services be acquired for the Department of Defense in the
most timely, economic, and efficient manner consistent with
achieving an optimum balance among efficient processes, full
and open access to the procurement system, and sound
implementation of socioeconomic policies. It is therefore the
policy of Congress that--
``(1) full and open competitive procedures shall be used by
the Department of Defense in accordance with the requirements
of this chapter;
``(2) to the maximum extent practicable, the Department of
Defense shall acquire commercial items to meet its needs and
shall require prime contractors and subcontractors, at all
levels, which furnish other than commercial items, to
incorporate to the maximum extent practicable commercial
items as components of items being supplied to the
Department;
``(3) when commercial items and components are not
available, practicable, or cost effective, the Department of
Defense shall acquire, and shall require prime contractors
and subcontractors to incorporate, nondevelopmental items and
components to the maximum extent practicable;
``(4) property and services for the Department of Defense
may be acquired by any kind of contract, other than cost-
plus-a-percentage-of-cost contracts, but including multiyear
contracts, that will promote the interest of the United
States and will provide for appropriate allocation of risk
between the Government and the contractor with due regard to
the nature of the property or services to be acquired;
``(5) contracts, when appropriate, shall provide incentives
to contractors to improve productivity through investment in
capital facilities, equipment, flexible manufacturing
processes, and advanced and dual-use technology;
``(6) contracts for advance procurement of components,
parts, and materials necessary for manufacture or for
logistics support of a weapon system should, if practicable,
be entered into in a manner to achieve economic-lot purchases
and more efficient production rates;
``(7) procurement protests and disputes shall be fairly and
expeditiously resolved through uniform interpretation of
relevant laws and regulations;
``(8) the head of an agency shall use advance procurement
planning and market research and develop contract
requirements in such a manner as is necessary to obtain full
and open competition with due regard to the nature of the
property or services to be acquired; but may restrict
competitions to suppliers of commercial items to foster
accomplishment of the above objective; and
``(9) the head of an agency shall develop and maintain an
acquisition career management program to ensure a
professional acquisition work force in accordance with the
requirements of chapter 87 of this title.
``(b) Further, it is the policy of Congress that
procurement policies and procedures for the agencies named in
section 2303 of this title shall, in accordance with the
requirements of this title--
``(1) be issued in accordance with and conform to the
requirements of sections 22 and 25 of the Office of Federal
Procurement Policy Act (41 U.S.C. 418b and 421);
``(2) promote and implement the Congressional policies in
subsection (a) of this section and section 2 of the Office of
Federal Procurement Policy Act (41 U.S.C. 401);
``(3) be implemented to support the requirements of such
agencies in time of war or national emergency as well as in
peacetime;
``(4) promote responsiveness of the procurement system to
agency needs by--
``(A) simplifying and streamlining procurement processes;
and
``(B) providing incentives to encourage contractors to take
actions and make recommendations that would reduce the costs
of property or services to be acquired;
``(5) facilitate the acquisition of commercial items and
commercial components at or based on commercial market
prices, without requiring contractors to change their
business practices; and
``(6) promote the acquisition and use of commercial items,
commercial components, and nondevelopmental items by
requiring descriptions of agency requirements, whenever
practicable, in terms of functions to be performed or
performance required.
``(c) Further, it is the policy of Congress that 20 percent
of the purchases and contracts entered into under this
chapter should be placed with small business concerns and
that 5 percent of the purchases and contracts entered into
under this chapter should be placed with concerns that are
small disadvantaged businesses.
``(d) It is also the policy of Congress that qualified
nonprofit agencies for the blind or severely handicapped (as
defined in section 2410d(b) of this title) shall be afforded
the maximum practicable opportunity to provide approved
commodities and services (as defined in such section) as
subcontractors and suppliers under contracts awarded by the
Department of Defense.''.
SEC. 812. REPEAL OF REQUIREMENT RELATING TO PRODUCTION
SPECIAL TOOLING AND PRODUCTION SPECIAL TEST
EQUIPMENT.
(a) Repeal.--Section 2329 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 137 of such title is amended by striking
out the item related to section 2329.
SEC. 813. REPEAL OF VOUCHERING PROCEDURES SECTION.
(a) Repeal.--Section 2355 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 139 of such title is amended by striking
out the item relating to section 2355.
SEC. 814. CLARIFICATION OF PROVISION RELATING TO QUALITY
CONTROL OF CERTAIN SPARE PARTS.
The second sentence of subsection (a) of section 2383 of
title 10, United States Code, is amended to read as follows:
``In establishing the appropriate qualification requirements,
the Secretary of Defense shall use the Department of Defense
qualification requirements that were used to qualify the
original production part, unless the Secretary determines in
writing--
``(A) that there are other requirements sufficiently
similar to those requirements that should be used instead; or
``(B) that any or all such requirements are unnecessary.''.
SEC. 815. CONTRACTOR GUARANTEES REGARDING WEAPON SYSTEMS.
(a) Repeal of Requirement for Report on Waivers.--
Subsection (e) of section 2403 of title 10, United States
Code, is amended--
(1) by striking out ``(1)''; and
(2) by striking out paragraph (2).
(b) Provisions To Be Addressed by Regulations.--Subsection
(h) of such section is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The regulations shall include the following:
``(A) Guidelines for negotiating contractor guarantees that
are reasonable and cost effective, as determined on the basis
of the likelihood of defects and the estimated cost of
correcting such defects.
``(B) Procedures for administering contractor guarantees.
``(C) Guidelines for determining the cases in which it may
be appropriate to waive the requirements of this section.''.
PART II--MAJOR SYSTEMS STATUTES
SEC. 821. WEAPON DEVELOPMENT AND PROCUREMENT SCHEDULES.
(a) Deadline and Purpose.--Subsection (a) of section 2431
of title 10, United States Code, is amended--
(1) in the first sentence--
(A) by striking out ``at the same time'' and inserting in
lieu thereof ``not later than 45 days after''; and
(B) by striking out ``a written report'' and inserting in
lieu thereof ``budget justification documents''; and
(2) in the second and third sentences, by striking out
``report'' and inserting in lieu thereof ``documents''.
(b) Additional Matters To Be Included.--Subsection (b) of
such section is amended--
(1) by striking out ``include--'' and inserting in lieu
thereof ``include each of the following:'';
(2) by capitalizing the first word in each of paragraphs
(1), (2), and (3);
(3) by striking out the semicolon at the end of paragraphs
(1) and (2) and inserting in lieu thereof a period;
(4) by striking out ``; and'' at the end of paragraph (3)
and inserting in lieu thereof a period; and
(5) by amending paragraph (4) to read as follows:
``(4)(A) The most efficient production rate, the most
efficient acquisition rate, and the minimum sustaining rate,
consistent with the program priority established for such
weapon system by the Secretary concerned.
``(B) In this paragraph:
``(i) The term `most efficient production rate' means the
maximum rate for each budget year at which the weapon system
can be produced with existing or planned plant capacity and
tooling, with one shift a day running for eight hours a day
and five days a week.
``(ii) The term `minimum sustaining rate' means the
production rate for each budget year that is necessary to
keep production lines open while maintaining a base of
responsive vendors and suppliers.''.
SEC. 822. SELECTED ACQUISITION REPORT REQUIREMENT.
(a) Definition of Procurement Unit Cost.--
(1) Definition.--Paragraph (2) of section 2432(a) of title
10, United States Code, is amended--
(A) in clause (A), by striking out ``for a fiscal year''
and all that follows through ``such program in such fiscal
year'';
(B) in clause (B), by striking out ``with such funds during
such fiscal year.'' and inserting in lieu thereof a period;
and
(C) by striking out the last sentence.
(2) Conforming amendments.--Section 2433 of such title is
amended--
(A) in subparagraph (B) of subsection (c)(1), by striking
out ``current'' before ``procurement unit cost'';
(B) in subsection (d), by striking out ``current'' before
``procurement unit cost'' each place it appears; and
(C) in subsection (e), by striking out ``current'' before
``procurement unit cost'' both places it appears.
[[Page 1019]]
(b) Exclusion of Firm, Fixed-Price Contracts.--Subsection
(a) of section 2432 of such title is amended in paragraph (3)
by inserting before the period at the end the following:
``and that is not a firm, fixed price contract''.
(c) Definition of Full Life-Cycle Cost.--Such subsection is
further amended in paragraph (4) by striking out ``has the
meaning'' and all that follows through the end of the
paragraph and inserting in lieu thereof the following:
``means all costs of development, procurement, military
construction, and operations and support, without regard to
funding source or management control.''.
(d) Notice of Proposed Changes in SAR.--Subsection (c) of
such section is amended in paragraph (2) by striking out the
second sentence and inserting in lieu thereof the following:
``Whenever the Secretary of Defense proposes to make changes
in the content of a Selected Acquisition Report, the
Secretary shall submit a notice of the proposed changes to
such committees. The changes shall be considered approved by
the Secretary, and may be incorporated into the report, only
after the end of the 60-day period beginning on the date on
which the notice is received by those committees.''.
(e) Elimination of Certain SAR Requirements.--Such
subsection is further amended in paragraph (3) by striking
out subparagraph (C).
(f) Uniform Implementation of Life-Cycle Cost Analysis.--
Such subsection is further amended--
(1) by striking out paragraph (5); and
(2) by adding at the end of subparagraph (A) of paragraph
(3) the following: ``The Secretary of Defense shall ensure
that this subparagraph is implemented in a uniform manner, to
the extent practicable, throughout the Department of
Defense.''.
(g) Deadline Revision.--Subsection (f) of such section is
amended by striking out ``60 days'' in the first sentence and
inserting in lieu thereof ``45 days''.
(h) Elimination of Preliminary Report.--Such subsection is
further amended by striking out the second sentence.
(i) Terminology Corrections.--Such section is further
amended as follows:
(1) Subsection (b)(3)(A) is amended by striking out ``full-
scale development or'' in clause (i).
(2) Subsection (c)(3) is amended by striking out ``full-
scale engineering'' in subparagraph (A) and inserting in lieu
thereof ``engineering and manufacturing''.
(3) Subsection (h)(1) is amended by striking out ``full-
scale engineering'' both places it appears and inserting in
lieu thereof ``engineering and manufacturing''.
SEC. 823. UNIT COST REPORT REQUIREMENT.
(a) Revision of Baseline Report Definitions.--
(1) Revision.--Section 2433(a) of title 10, United States
Code, is amended--
(A) in paragraph (2)--
(i) by striking out ``Baseline Selected Acquisition
Report'' and inserting in lieu thereof ``Baseline Estimate'';
and
(ii) by striking out ``Selected Acquisition Report in
which'' and all that follows through the end of the paragraph
and inserting in lieu thereof ``cost estimate included in the
baseline description for the program under section 2435 of
this title.''; and
(B) by striking out paragraph (4).
(2) Conforming amendments.--Section 2433 of such title is
further amended--
(A) in subsection (c)(1), by striking out ``Baseline
Report'' in subparagraphs (A) and (B) and inserting in lieu
thereof ``Baseline Estimate''; and
(B) in subsection (d), by striking out ``Baseline Report''
in paragraphs (1) and (2) and inserting in lieu thereof
``Baseline Estimate''.
(b) Contents of Unit Cost Report.--Section 2433(b) of such
title is amended in paragraph (3) by striking out ``Baseline
Report was submitted.'' and inserting in lieu thereof
``contract was entered into.''.
(c) Elimination of Certain Unit Cost Report Requirement.--
Section 2433(c) of such title, as amended by subsection (a),
is further amended--
(1) by striking out paragraph (2);
(2) by striking out ``(1)'' after ``(c)''; and
(3) by redesignating subparagraphs (A), (B), and (C) as
paragraphs (1), (2), and (3), respectively.
(d) Constant Base Year Dollars.--Section 2433(f) of such
title is amended by striking out ``include expected
inflation'' and inserting in lieu thereof ``be stated in
terms of constant base year dollars (as described in section
2430 of this title)''.
(e) Contents of SAR.--Subparagraph (I) of section
2433(g)(1) of such title is amended to read as follows:
``(I) The type of the Baseline Estimate that was included
in the baseline description under section 2435 of this title
and the date of the Baseline Estimate.''.
SEC. 824. REQUIREMENT FOR INDEPENDENT COST ESTIMATES AND
MANPOWER ESTIMATES BEFORE DEVELOPMENT OR
PRODUCTION.
(a) Content and Submission of Estimates.--Section 2434 of
title 10, United States Code, is amended by striking out
subsection (b) and inserting in lieu thereof the following:
``(b) Regulations.--The Secretary of Defense shall
prescribe regulations governing the content and submission of
the estimates required by subsection (a). The regulations
shall require--
``(1) that the independent estimate of the full life-cycle
cost of a program--
``(A) be prepared by an office or other entity that is not
directly responsible for carrying out the development or
acquisition of the program; and
``(B) include all costs of development, procurement,
military construction, and operations and support, without
regard to funding source or management control; and
``(2) that the manpower estimate include the total
personnel required--
``(A) to operate, maintain, and support the program upon
full operational deployment; and
``(B) to train personnel to carry out the activities
referred to in subparagraph (A).''.
(b) Terminology Correction and Other Amendment.--Subsection
(a) of such section is amended--
(1) by striking out ``full-scale engineering development''
and inserting in lieu thereof ``engineering and manufacturing
development''; and
(2) by striking out ``cost of the program, together with''
and inserting in lieu thereof ``full life-cycle cost of the
program, and''.
SEC. 825. BASELINE DESCRIPTION.
(a) In General.--Section 2435 of title 10, United States
Code, is amended to read as follows:
``Sec. 2435. Baseline description
``(a) Baseline Description Requirement.--(1) The Secretary
of a military department shall establish a baseline
description for each major defense acquisition program under
the jurisdiction of such Secretary.
``(2) The baseline shall include sufficient parameters to
describe the cost estimate (referred to as the `Baseline
Estimate' in section 2433 of this title), schedule, and
performance of such major defense acquisition program.
``(3) No amount appropriated or otherwise made available to
the Department of Defense for carrying out a major defense
acquisition program may be obligated without an approved
baseline description unless such obligation is specifically
approved by the Under Secretary of Defense for Acquisition
and Technology.
``(4) A baseline description for a major defense
acquisition program shall be established--
``(A) before the program enters engineering and
manufacturing development; and
``(B) before the program enters production and deployment.
``(b) Regulations.--The Secretary of Defense shall
prescribe regulations governing--
``(1) the content of baseline descriptions;
``(2) the submission of reports on deviations of a program
from the baseline description by the program manager to the
Secretary of the military department concerned and the Under
Secretary of Defense for Acquisition and Technology;
``(3) procedures for review of such deviation reports
within the Department of Defense; and
``(4) procedures for submission to, and approval by, the
Secretary of Defense of revised baseline descriptions.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 144 of such title is amended by amending
the item relating to section 2435 to read as follows:
``2435. Baseline description.''.
SEC. 826. REPEAL OF REQUIREMENT FOR COMPETITIVE PROTOTYPING
IN MAJOR PROGRAMS.
(a) Repeal.--Section 2438 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 144 of such title is amended by striking
out the item relating to section 2438.
SEC. 827. REPEAL OF REQUIREMENT FOR COMPETITIVE ALTERNATIVE
SOURCES IN MAJOR PROGRAMS.
(a) Repeal.--Section 2439 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 144 of such title is amended by striking
out the item relating to section 2439.
PART III--TESTING STATUTES
SEC. 831. AUTHORIZATION OF LESS THAN FULL-UP TESTING.
Section 2366(c) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (2) as paragraph (4);
(2) by designating the second sentence of paragraph (1) as
paragraph (3) and in that paragraph by striking out ``such
certification'' and inserting in lieu thereof ``certification
under paragraph (1) or (2)''; and
(3) by inserting before paragraph (3) (as so designated)
the following new paragraph:
``(2) In the case of a covered system (or covered product
improvement program for a covered system), the Secretary may
waive the application of the survivability and lethality
tests of this section to such system or program and instead
allow testing of the system or program in combat by firing
munitions likely to be encountered in combat at components,
subsystems, and subassemblies, together with performing
design analyses, modeling and simulation, and analysis of
combat data, if the Secretary certifies to Congress that the
survivability and lethality testing of such system or program
otherwise required by this section would be unreasonably
expensive and impracticable.''.
SEC. 832. LIMITATION ON QUANTITIES TO BE PROCURED FOR LOW-
RATE INITIAL PRODUCTION.
Section 2400(a) of title 10, United States Code, is
amended--
(1) in paragraph (2)--
(A) by striking out ``paragraph (1)'' and inserting in lieu
thereof ``this section''; and
[[Page 1020]]
(B) by striking out ``full-scale engineering development''
and inserting in lieu thereof ``engineering and manufacturing
development'';
(2) by redesignating paragraph (4) as paragraph (5) and in
that paragraph by inserting after the first sentence the
following: ``If the quantity exceeds 10 percent of the total
number of articles to be produced, as determined at the
milestone II decision with respect to that system, the
Secretary shall include in the statement the reasons for such
quantity.''; and
(3) by inserting after paragraph (3) the following new
paragraph (4):
``(4) The quantity of articles of a major system that may
be procured for low-rate initial production may not be less
than one operationally configured production unit unless
another quantity is established at the milestone II
decision.''.
SEC. 833. OPERATIONAL TEST AND EVALUATION OF DEFENSE
ACQUISITION PROGRAMS.
(a) Authority To Use Different Procedures.--Section 2399(b)
of title 10, United States Code, is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph (5):
``(5) The Secretary of Defense may, for a particular major
defense acquisition program, prescribe and apply operational
test and evaluation procedures other than those provided
under subsection (a) and paragraphs (1) through (3) of this
subsection if the Secretary transmits to Congress, before the
Milestone II decision is made with respect to that program--
``(A) a certification that such testing would be
unreasonably expensive and impracticable; and
``(B) a description of the actions taken to ensure that the
system will be operationally effective and suitable when the
system meets initial operational capability requirements.''.
(b) Cross Reference Corrections.--Section 2399 of such
title is further amended--
(1) in subsection (b)(6) (as redesignated by subsection
(a)(1)) and subsection (c)(1), by striking out ``section
138(a)(2)(B)'' and inserting in lieu thereof ``section
139(a)(2)(B)''; and
(2) in subsection (h)(1), by striking out ``section
138(a)(2)(A)'' and inserting in lieu thereof ``section
139(a)(2)(A)''.
PART IV--CIVIL RESERVE AIR FLEET
SEC. 841. DEFINITION OF CONTRACTOR.
Section 9511(8) of title 10, United States Code, is
amended--
(1) by striking out ``or'' at the end of clause (A); and
(2) by inserting before the period at the end the
following: ``, or (C) who owns or controls, or will own or
control, new or existing aircraft and who, by contract,
commits some or all of such aircraft to the Civil Reserve Air
Fleet''.
SEC. 842. CONSOLIDATION OF PROVISIONS RELATING TO CONTRACTUAL
COMMITMENT OF AIRCRAFT.
Chapter 931 of title 10, United States Code, is amended--
(1) in subsection (a) of section 9512, by inserting
``Authority to Contract.--'' after ``(a)'';
(2) in subsection (c) of section 9512, by striking out
``(c)'' and inserting in lieu thereof ``(d) Authority To
Contract and Pay Directly.--'';
(3) in subsection (b) of section 9512, by striking out
``(b)'' and inserting in lieu thereof ``(c) Terms and
Required Repayment.--'';
(4) by redesignating subsection (a) of section 9513 as
subsection (b) and transferring such subsection (as so
redesignated) to section 9512 and inserting such subsection
after subsection (a);
(5) by redesignating subsection (b) of section 9513 as
subsection (e) and transferring such subsection (as so
redesignated) to the end of section 9512;
(6) in subsection (b) of section 9512, as redesignated and
transferred to such section by paragraph (4)--
(A) by striking out ``under section 9512 of this title''
and inserting in lieu thereof ``entered into under this
section'', and
(B) by inserting ``Contract Requirements.--'' after
``(b)'';
(7) in subsection (c) of section 9512, as redesignated by
paragraph (3), by striking out ``the terms required by
section 9513 of this title and'';
(8) in subsection (e) of section 9512, as redesignated and
transferred to such section by paragraph (5)--
(A) by striking out ``under section 9512 of this title''
and inserting in lieu thereof ``entered into under this
section'', and
(B) by inserting ``Commitment to Civil Reserve Air Fleet.--
'' after ``(e)''; and
(9) by striking out the heading of section 9513.
SEC. 843. USE OF MILITARY INSTALLATIONS BY CONTRACTORS.
(a) Authority.--Chapter 931 of title 10, United States
Code, as amended by section 842, is further amended by adding
at the end the following new section 9513:
``Sec. 9513. Use of military installations by Civil Reserve
Air Fleet contractors
``(a) Contract Authority.--(1) The Secretary of the Air
Force--
``(A) may, by contract entered into with any contractor,
authorize such contractor to use one or more Air Force
installations designated by the Secretary; and
``(B) with the consent of the Secretary of another military
department, may, by contract entered into with any
contractor, authorize the contractor to use one or more
installations, designated by the Secretary of the Air Force,
that is under the jurisdiction of the Secretary of such other
military department.
``(2) The Secretary of the Air Force may include in the
contract such terms and conditions as the Secretary
determines appropriate to promote the national defense or to
protect the interests of the United States.
``(b) Purposes of Use.--A contract entered into under
subsection (a) may authorize use of a designated installation
as a weather alternate, a technical stop not involving the
enplaning or deplaning of passengers or cargo, or, in the
case of an installation within the United States, for other
commercial purposes. Notwithstanding any other provision of
the law, the Secretary may establish different levels and
types of uses for different installations and may provide in
contracts under subsection (a) for different levels and types
of uses by different contractors.
``(c) Hold Harmless Requirement.--A contract entered into
under subsection (a) shall provide that the contractor agrees
to indemnify and hold harmless the Air Force (and any other
armed force having jurisdiction over any installation covered
by the contract) from all actions, suits, or claims of any
sort resulting from, relating to, or arising out of any
activities conducted, or services or supplies furnished, in
connection with the contract.
``(d) Reservation of Right To Exclude Contractor.--A
contract entered into under subsection (a) shall provide that
the Secretary concerned may, without providing prior notice,
deny access to an installation designated under the contract
when the Secretary determines that it is necessary to do so
in order to meet military exigencies.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by striking out the item
relating to section 9513 and inserting in lieu thereof the
following:
``9513. Use of military installations by Civil Reserve Air Fleet
contractors.''.
PART V--MISCELLANEOUS
SEC. 851. REGULATIONS ON PROCUREMENT, PRODUCTION,
WAREHOUSING, AND SUPPLY DISTRIBUTION FUNCTIONS.
(a) In General.--Section 2202 of title 10, United States
Code, is amended to read as follows:
``Sec. 2202. Regulations on procurement, production,
warehousing, and supply distribution functions
``The Secretary of Defense shall prescribe regulations
governing the performance within the Department of Defense of
the procurement, production, warehousing, and supply
distribution functions, and related functions, of the
Department of Defense.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 131 of such title is amended by striking
out the item related to section 2202 and inserting in lieu
thereof the following:
``2202. Regulations on procurement, production, warehousing, and supply
distribution functions.''.
SEC. 852. REPEAL OF REQUIREMENTS REGARDING PRODUCT EVALUATION
ACTIVITIES.
(a) Repeal.--Section 2369 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 139 of such title is amended by striking
out the item related to section 2369.
SEC. 853. CODIFICATION AND REVISION OF LIMITATION ON LEASE OF
VESSELS, AIRCRAFT, AND VEHICLES.
(a) Limitation.--(1) Chapter 141 of title 10, United States
Code, is amended by inserting after section 2401 the
following new section:
``Sec. 2401a. Lease of vessels, aircraft, and vehicles
``The Secretary of Defense or the Secretary of a military
department may not enter into any contract with a term of 18
months or more, or extend or renew any contract for a term of
18 months or more, for any vessel, aircraft, or vehicle,
through a lease, charter, or similar agreement, unless the
Secretary has considered all costs of such contract
(including estimated termination liability) and has
determined in writing that the contract is in the best
interest of the Government.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
2401 the following new item:
``2401a. Lease of vessels, aircraft, and vehicles.''.
(b) Repeal of Superseded Provision.--Section 9081 of Public
Law 101-165 (103 Stat. 1147; 10 U.S.C. 2401 note) is
repealed.
SEC. 854. REPEAL OF APPLICATION OF PUBLIC CONTRACTS ACT TO
CERTAIN NAVAL VESSEL CONTRACTS.
(a) Repeal.--Section 7299 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 633 of such title is amended by striking
out the item relating to section 7299.
SEC. 855. CONSOLIDATION OF LIMITATIONS ON PROCUREMENT OF
GOODS OTHER THAN AMERICAN GOODS.
Section 2534 of title 10, United States Code, is amended--
[[Page 1021]]
(1) by striking out subsections (a) through (f); and
(2) by inserting after the section heading the following:
``(a) Limitation on Certain Procurements.--The Secretary of
Defense may procure the following items only if they are
manufactured by an entity that is part of the national
technology and industrial base (as defined in section 2491(1)
of this title):
``(1) Buses.--Multipassenger motor vehicles (buses).
``(2) Chemical weapons antidote.--Chemical weapons antidote
contained in automatic injectors (or components for such
injectors), but only if the company that manufactures the
item not only manufactures it in the United States but also
meets the following requirements:
``(A) The company is an existing producer under the
industrial preparedness program at the time the contract is
awarded.
``(B) The company has received all required regulatory
approvals.
``(C) The company has the plant, equipment, and personnel
to perform the contract in existence in the United States at
the time the contract is awarded.
``(3) Valves and machine tools.--(A) Items in the following
categories:
``(i) Powered and non-powered valves in Federal Supply
Classes 4810 and 4820 used in piping for naval surface ships
and submarines.
``(ii) Machine tools in the Federal Supply Classes for
metal-working machinery numbered 3405, 3408, 3410 through
3419, 3426, 3433, 3438, 3441 through 3443, 3445, 3446, 3448,
3449, 3460, and 3461.
``(B) Contracts for the procurement of items described in
subparagraph (A) include contracts--
``(i) for the use of such items in any property under the
control of the Department of Defense, including Government-
owned, contractor-operated facilities; and
``(ii) entered into by contractors on behalf of the
Department of Defense for the purposes of providing such
items to other contractors as Government-furnished equipment.
``(C) In any case in which a contract for items described
in subparagraph (A) includes the procurement of more than one
Federal Supply Class of machine tools or machine tools and
accessories, each supply class shall be evaluated separately
for purposes of determining whether the limitation in this
subsection applies.
``(D) This paragraph is effective through fiscal year 1996.
``(4) Air circuit breakers.--Air circuit breakers for naval
vessels.
``(5) Sonobuoys.--Sonobuoys.
``(6) Ball bearings and roller bearings.--Ball bearings and
roller bearings, in accordance with subpart 225.71 of part
225 of the Defense Federal Acquisition Regulation Supplement,
as in effect on October 23, 1992. This paragraph is effective
through fiscal year 1995.
``(b) Exceptions.--The Secretary of Defense may waive the
limitation in subsection (a) with respect to the procurement
of an item listed in that subsection if the Secretary
determines that any of the following apply:
``(1) Application of the limitation would cause
unreasonable costs or delays to be incurred.
``(2) United States producers of the item would not be
jeopardized by competition from a foreign country and that
country does not discriminate against defense items produced
in the United States to a greater degree than the United
States discriminates against defense items produced in that
country.
``(3) Application of the limitation would impede
cooperative programs entered into between the Department of
Defense and a foreign country and that country does not
discriminate against defense items produced in the United
States to a greater degree than the United States
discriminates against defense items produced in that country.
``(4) Satisfactory quality items manufactured by an entity
that is part of the national technology and industrial base
(as defined in section 2491(1) of this title) are not
available.
``(5) Application of the limitation would result in the
existence of only one source for the item that is an entity
that is part of the national technology and industrial base
(as defined in section 2491(1) of this title).
``(6) The procurement is for an amount less than the
simplified acquisition threshold and simplified purchase
procedures are being used.
``(7) Application of the limitation is not in the national
security interests of the United States.
``(8) Application of the limitation would adversely affect
a United States company.
``(c) Principle of Construction With Future Laws.--A
provision of law may not be construed as modifying or
superseding the provisions of this section, or as requiring
funds to be limited, or made available, by the Secretary of
Defense to a particular domestic source by contract, unless
that provision of law--
``(1) specifically refers to this section;
``(2) specifically states that such provision of law
modifies or supersedes the provisions of this section; and
``(3) specifically identifies the particular domestic
source involved and states that the contract to be awarded
pursuant to such provision of law is being awarded in
contravention of this section.''.
SEC. 856. DEPARTMENT OF DEFENSE ACQUISITION OF INTELLECTUAL
PROPERTY RIGHTS.
Section 2386 of title 10, United States Code, is amended by
striking out paragraphs (3) and (4) and inserting in lieu
thereof the following:
``(3) Technical data and computer software.
``(4) Releases for past infringement of patents or
copyrights or for unauthorized use of technical data or
computer software.''.
SEC. 857. DEPARTMENT OF DEFENSE REVIEW OF ANTITRUST CASES
WITH NATIONAL SECURITY IMPLICATIONS.
(a) In General.--Subchapter II of chapter 148 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2508. Antitrust cases with national security
implications: Secretary of Defense review
``(a) Review.--The Secretary of Defense shall conduct a
review of any proposed acquisition of a business concern that
is a critical United States defense supplier with respect to
which the Attorney General or the Federal Trade Commission
receives notice under the antitrust laws. In conducting such
review, the Secretary shall assess the likely effect of the
proposed acquisition (if carried out) on the policy
objectives for the national technology and industrial base
(as set forth in section 2501(a) of this title) and on such
other considerations relating to national security as the
Secretary considers appropriate.
``(b) Communication of Views of Secretary.--In any case in
which the Secretary determines, as the result of a review and
assessment under subsection (a), that a proposed acquisition
is likely to have an appreciable effect (whether positive or
negative) on the policy objectives for the national
technology and industrial base or on other considerations
relevant to national security (as determined by the
Secretary), the Secretary shall immediately communicate that
determination, in writing, to the Attorney General and the
Federal Trade Commission. The Secretary shall include in such
communication the Secretary's evaluation concerning the
proposed acquisition.
``(c) Definition.--In this section, the term `critical
United States defense supplier' means a company organized
under the laws of the United States that is--
``(1) a contractor or critical subcontractor for a major
system, as defined in section 2302(9) of this title;
``(2) a contractor for a contract awarded to a particular
source pursuant to paragraph (3) of section 2304(c) of this
title for the reasons described in clause (A) of that
paragraph; or
``(3) in such other category as the Secretary of Defense
may prescribe by regulation as being critical to the national
technology and industrial base.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``2508. Antitrust cases with national security implications: Secretary
of Defense review.''.
SEC. 858. EXTENSION OF TEST PROGRAM FOR NEGOTIATION OF
COMPREHENSIVE SMALL BUSINESS SUBCONTRACTING
PLANS.
Section 834(e) of the National Defense Authorization Act
for Fiscal Years 1990 and 1991 (Public Law 101-189; 15 U.S.C.
637 note) is amended by striking out ``September 30, 1994.''
in the second sentence and inserting in lieu thereof
``September 30, 1997.''.
Subtitle C--Other Matters
SEC. 871. ENVIRONMENTAL CONSEQUENCE ANALYSIS OF MAJOR DEFENSE
ACQUISITION PROGRAMS.
(a) Analysis.--Before development under a major defense
acquisition program begins, the Secretary of Defense shall
analyze the life-cycle environmental costs of such program.
(b) Guidance.--The Secretary of Defense shall issue
guidance, to apply uniformly throughout the Department of
Defense, regarding--
(1) how to ensure timely compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
with respect to major defense acquisition programs (as
defined in section 2430 of title 10, United States Code); and
(2) how to analyze the life-cycle environmental costs for
such major defense acquisition program.
(c) Data Base for NEPA Documentation.--The Secretary of
Defense shall establish and maintain a data base for
documents prepared by the Department of Defense in complying
with the National Environmental Policy Act of 1969 with
respect to major defense acquisition programs. Any such
document relating to a major defense acquisition program
shall be maintained in the data base for 5 years after
commencement of low-rate initial production of the program.
SEC. 872. AWARD OF CONTRACTS AND GRANTS ON THE BASIS OF
COMPETITION.
(a) Policy.--Section 2301 of title 10, United States Code
(as amended by section 811) is further amended by adding at
the end the following new subsection:
``(e)(1) It is the policy of Congress that the Department
of Defense should not be required by legislation to award a
new contract or grant to a specific non-Federal Government
entity (a practice commonly known as earmarking) for basic
research, exploratory development, advanced technology
development, and manufacturing technology activities. It is
further the policy of Congress
[[Page 1022]]
that any program, project, or technology identified in
legislation be procured through competitive procedures, and
that any such program, project, or technology not be so
narrowly described in legislation that only one institution
qualifies for competition.
``(2) A provision of law may not be construed as requiring
the Department of Defense to award a new contract or grant to
a specific non-Federal Government entity unless that
provision of law--
``(A) specifically refers to this subsection;
``(B) specifically identifies the particular non-Federal
Government entity to be awarded the contract or grant; and
``(C) sets forth the national defense purpose to be
fulfilled by requiring the department to award a new contract
or grant to the specified non-Federal Government entity.
``(3) For purposes of this subsection--
``(A) a contract is a new contract unless the work provided
for in the contract is a continuation of the work provided
for in a preceding contract; and
``(B) a grant is a new grant unless the work funded by the
grant is substantially a continuation of the work for which
funding is provided in a preceding grant.''.
SEC. 873. SHIPBUILDING CLAIMS.
(a) Increase in Time Period During Which Adjustments to
Shipbuilding Claims May Be Made.--Section 2405 of title 10,
United States Code, is amended--
(1) in subsection (a), by striking out ``18 months'' and
inserting in lieu thereof ``six years''; and
(2) by striking out subsection (c).
(b) Effective Date.--The amendments made by subsection (a)
shall apply only with respect to contracts entered into after
the date of the enactment of this Act.
SEC. 874. DEMONSTRATION PROJECT ON PURCHASE OF FIRE,
SECURITY, POLICE, PUBLIC WORKS, AND UTILITY
SERVICES FROM LOCAL GOVERNMENT AGENCIES.
(a) Demonstration Project.--The Secretary of Defense shall
conduct a demonstration project, beginning October 1, 1994,
at Monterey, California, under which any fire-fighting,
security-guard, police, public works, utility, or other
municipal services needed for operation of any Department of
Defense asset in Monterey County, California, may be
purchased from government agencies located within the county
of Monterey. The purchase of such services for the
demonstration project may be made notwithstanding section
2465 of title 10, United States Code.
(b) Evaluation of Project.--Not later than December 31,
1995, the Secretary of Defense shall submit to Congress a
report evaluating the results of the project and making any
recommendations the Secretary considers appropriate,
including recommendations on whether the purchase authorities
used in conducting the project could be used to provide
similar services at other locations.
SEC. 875. DEFENSE ACQUISITION PILOT PROGRAM.
(a) Designations.--Pursuant to section 809(b) of the
National Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510; 104 Stat. 1485, 1593; 10 U.S.C. 2430
note), as amended by section 811 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484;
106 Stat. 2315, 2450), the following defense acquisition
programs are authorized to be designated for participation in
the Defense Acquisition Pilot Program:
(1) Fire support combined arms tactical trainer (fscatt).--
All contracts directly relating to the procurement of a
training simulation system, including related hardware,
software, and subsystems, to perform collective training of
field artillery gunnery teams, with development of software
as required to generate the training exercises.
(2) Joint direct attack munition (jdam i).--All contracts
directly relating to the development and procurement of a
strap-on guidance kit, using an inertially guided, Global
Positioning System updated guidance kit to enhance the
delivery accuracy of 1000 and 2000 pound bombs in inventory.
(3) Commercial-derivative aircraft (cda).--(A) All
contracts related to acquisition or upgrading of commercial-
derivative aircraft for use in future Air Force airlift,
tanker, and airborne warning and control system requirements.
(B) For purposes of this paragraph, the term ``commercial-
derivative aircraft'' means any of the following:
(i) Any aircraft that is of a type customarily used in the
course of normal business operations for other than Federal
Government purposes, that has been issued a type certificate
by the Administrator of the Federal Aviation Administration,
and--
(I) that has been sold or leased for use in the commercial
marketplace; or
(II) that has been offered for sale or lease for use in the
commercial marketplace.
(ii) Any aircraft that, but for--
(I) modifications of a type customarily available in the
commercial marketplace; or
(II) minor modifications made to meet Federal Government
requirements;
would satisfy the criteria in clause (i).
(b) Authorization for Waivers.--With respect to the
programs described in subsection (a), the Secretary of
Defense is authorized to waive or limit the applicability of
the following provisions of law:
(1) Section 2306(b) of title 10, United States Code
(relating to prohibition against contingent fees).
(2) Section 2320 of such title (relating to requirements
pertaining to technical data).
(3) Section 2321 of such title (relating to validation of
proprietary data restrictions).
(4) Section 2324 of such title (relating to requirement for
the disclosure of the identity of suppliers and sources of
supplies).
(5) Section 2393(d) of such title (relating to prohibition
against doing business with certain offerors or contractors).
(6) Section 2402 of such title (relating to prohibition on
limitation of subcontractor direct sales).
(7) Section 2408(a) of such title (relating to prohibition
on certain involvement with persons convicted of defense
contract-related felonies).
(8) Section 2410b of such title (relating to contractor
inventory accounting system standards).
(9) Section 843 of Public Law 103-160 (107 Stat. 1720)
(relating to reports on defense contractors dealings with
terrorist countries).
(c) Conduct of Defense Acquisition Programs.--In the case
of each defense acquisition program designated under
subsection (a) for participation in the Defense Acquisition
Pilot Program, the Secretary of Defense shall--
(1) develop guidelines and procedures for carrying out the
program and the criteria to be used in measuring the success
of the program;
(2) evaluate the potential costs and benefits which may be
derived from the innovative procurement methods and
procedures tested under the program; and
(3) develop the methods to be used to analyze the results
of the program.
(d) Rule of Construction.--Nothing in the amendments made
by this section shall be construed as authorizing the
appropriation or obligation of funds for the programs
designated as defense acquisition pilot programs under
subsection (a).
SEC. 876. PREFERENCE FOR LOCAL RESIDENTS.
(a) Preference Allowed.--In entering into contracts with
private entities for services to be performed at a military
installation that is affected by closure or alignment under a
base closure law, the Secretary of Defense may give
preference, consistent with Federal, State, and local laws
and regulations, to entities that plan to hire, to the
maximum extent practicable, residents of the vicinity of such
military installation. Contracts for which the preference may
be given include contracts to carry out environmental
restoration activities or construction work at such military
installations.
(b) Definition.--In this section, the term ``base closure
law'' means the following:
(1) The provisions of title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law
100-526; 10 U.S.C. 2687 note).
(2) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note).
(c) Applicability.--Any preference given under subsection
(a) shall apply only with respect to contracts entered into
after the date of the enactment of this Act.
(d) Termination.--This section shall cease to be effective
on September 30, 1997.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANGAGEMENT
SEC. 901. REVISION OF NATIONAL GUARD BUREAU CHARTER.
(a) In General.--(1) Subtitle A of title 10, United States
Code, is amended by inserting after chapter 11 the following
new chapter:
``CHAPTER 12--NATIONAL GUARD BUREAU
``291. National Guard Bureau.
``292. Chief of the National Guard Bureau: appointment; adviser on
National Guard matters; grade.
``293. Functions of National Guard Bureau: charter from Secretaries of
the Army and Air Force.
``294. Chief of National Guard Bureau: annual report.
``295. Vice Chief of the National Guard Bureau.
``296. Other senior National Guard Bureau officers.
``297. Definition.
``Sec. 291. National Guard Bureau
``(a) National Guard Bureau.--There is in the Department of
Defense the National Guard Bureau, which is a joint bureau of
the Department of the Army and the Department of the Air
Force.
``(b) Purposes.--The National Guard Bureau is the channel
of communications on all matters pertaining to the National
Guard, the Army National Guard of the United States, and the
Air National Guard of the United States between (1) the
Department of the Army and Department of the Air Force, and
(2) the several States.
``Sec. 292. Chief of the National Guard Bureau: appointment;
adviser on National Guard matters; grade
``(a) Appointment.--There is a Chief of the National Guard
Bureau, who is responsible for the organization and
operations of the National Guard Bureau. The Chief of the
National Guard Bureau is appointed by the President, by and
with the advice and consent of the Senate. Such appointment
shall be made from officers of the Army National Guard of the
United States or the Air National Guard of the United States
who--
``(1) are recommended for such appointment by their
respective Governors or, in the case of the District of
Columbia, the commanding general of the District of Columbia
National Guard;
``(2) have had at least 10 years of federally recognized
commissioned service in an active status in the National
Guard; and
[[Page 1023]]
``(3) are in a grade above the grade of brigadier general.
``(b) Term of Office.--An officer appointed as Chief of the
National Guard Bureau serves at the pleasure of the President
for a term of four years. An officer may not hold that office
after becoming 64 years of age. An officer may be reappointed
as Chief of the National Guard Bureau.
``(c) Adviser on National Guard Matters.--The Chief of the
National Guard Bureau is the principal adviser to the
Secretary of the Army and the Chief of Staff of the Army, and
to the Secretary of the Air Force and the Chief of Staff of
the Air Force, on matters relating to the National Guard, the
Army National Guard of the United States, and the Air
National Guard of the United States.
``(d) Grade.--The Chief of the National Guard Bureau shall
be appointed to serve in a grade above major general.
``Sec. 293. Functions of National Guard Bureau: charter from
Secretaries of the Army and Air Force
``The Secretary of the Army and the Secretary of the Air
Force shall jointly develop and prescribe a charter for the
National Guard Bureau. The charter shall cover the following
matters:
``(1) Allocating unit structure, strength authorizations,
and other resources to the Army National Guard of the United
States and the Air National Guard of the United States.
``(2) Prescribing the training discipline and training
requirements for the Army National Guard and the Air National
Guard and the allocation of Federal funds for the training of
the Army National Guard and the Air National Guard.
``(3) Ensuring that units and members of the Army National
Guard and the Air National Guard are trained by the States in
accordance with approved programs and policies of, and
guidance from, the Chief, the Secretary of the Army, and the
Secretary of the Air Force.
``(4) Monitoring and assisting the States in the
organization, maintenance, and operation of National Guard
units so as to provide well-trained and well-equipped units
capable of augmenting the active forces in time of war or
national emergency.
``(5) Planning and administering the budget for the Army
National Guard of the United States and the Air National
Guard of the United States.
``(6) Supervising the acquisition and supply of, and
accountability of the States for, Federal property issued to
the National Guard through the property and fiscal officers
designated, detailed, or appointed under section 708 of title
32.
``(7) Granting and withdrawing, in accordance with
applicable laws and regulations, Federal recognition of (A)
National Guard units, and (B) officers of the National Guard.
``(8) Establishing policies and programs for the employment
and use of National Guard technicians under section 709 of
title 32.
``(9) Supervising and administering the Active Guard and
Reserve program as it pertains to the National Guard.
``(10) Issuing directives, regulations, and publications
consistent with approved policies of the Army and Air Force,
as appropriate.
``(11) Facilitating and supporting the training of members
and units of the National Guard to meet State requirements.
``(12) Such other functions as the Secretaries may
prescribe.
``Sec. 294. Chief of National Guard Bureau: annual report
``(a) Annual Report.--The Chief of the National Guard
Bureau shall submit to the Secretary of Defense an annual
report on the state of the National Guard and the ability of
the National Guard to meet its missions. The report shall be
prepared in conjunction with the Secretary of the Army and
the Secretary of the Air Force and may be submitted in
classified and unclassified versions.
``(b) Submission of Report to Congress.--The Secretary of
Defense shall transmit the annual report of the Chief of the
National Guard Bureau to Congress, together with such
comments on the report as the Secretary considers
appropriate. The report shall be transmitted at the same time
each year that the annual report of the Secretary under
section 113(c) of this title is submitted to Congress.
``Sec. 295. Vice Chief of the National Guard Bureau
``(a) Appointment.--(1) There is a Vice Chief of the
National Guard Bureau, selected by the Secretary of Defense
from officers of the Army National Guard of the United States
or the Air National Guard of the United States who--
``(A) are recommended for such appointment by their
respective Governors or, in the case of the District of
Columbia, the commanding general of the District of Columbia
National Guard;
``(B) have had at least 10 years of federally recognized
commissioned service in an active status in the National
Guard; and
``(C) are in a grade above the grade of colonel.
``(2) The Chief and Vice Chief of the National Guard Bureau
may not both be members of the Army or of the Air Force.
``(3)(A) Except as provided in subparagraph (B), an officer
appointed as Vice Chief of the National Guard Bureau serves
for a term of four years, but may be removed from office at
any time for cause.
``(B) The term of the Vice Chief of the National Guard
Bureau shall end upon the appointment of a Chief of the
National Guard Bureau who is a member of the same armed force
as the Vice Chief.
``(4) The Secretary of Defense may waive the restrictions
in paragraph (2) and the provisions of paragraph (3)(B) for a
limited period of time to provide for the orderly transition
of officers appointed to serve in the positions of Chief and
Vice Chief of the National Guard Bureau.
``(b) Duties.--The Vice Chief of the National Guard Bureau
performs such duties as may be prescribed by the Chief of the
National Guard Bureau.
``(c) Grade.--The Vice Chief of the National Guard Bureau
shall be appointed to serve in a grade above brigadier
general.
``(d) Functions as Acting Chief.--When there is a vacancy
in the office of the Chief of the National Guard Bureau or in
the absence or disability of the Chief, the Vice Chief of the
National Guard Bureau acts as Chief and performs the duties
of the Chief until a successor is appointed or the absence or
disability ceases.
``(e) Succession After Chief and Vice Chief.--When there is
a vacancy in the offices of both Chief and Vice Chief of the
National Guard Bureau or in the absence or disability of both
the Chief and Vice Chief of the National Guard Bureau, or
when there is a vacancy in one such office and in the absence
or disability of the officer holding the other, the senior
officer of the Army National Guard of the United States or
the Air National Guard of the United States on duty with the
National Guard Bureau shall perform the duties of the Chief
until a successor to the Chief or Vice Chief is appointed or
the absence or disability of the Chief or Vice Chief ceases,
as the case may be.
``Sec. 296. Other senior National Guard Bureau officers
``(a) Additional General Officers.--(1) In addition to the
Chief and Vice Chief of the National Guard Bureau, there
shall be assigned to the National Guard Bureau--
``(A) two general officers selected by the Secretary of the
Army from officers of the Army National Guard of the United
States who have been nominated by their respective Governors
or, in the case of the District of Columbia, the commanding
general of the District of Columbia National Guard, the
senior of whom while so serving shall hold the grade of major
general and serve as Director, Army National Guard, with the
other serving as Deputy Director, Army National Guard; and
``(B) two general officers selected by the Secretary of the
Air Force from officers of the Air National Guard of the
United States who have been nominated by their respective
Governors or, in the case of the District of Columbia, the
commanding general of the District of Columbia National
Guard, the senior of whom while so serving shall hold the
grade of major general and serve as Director, Air National
Guard, with the other serving as Deputy Director, Air
National Guard.
``(2) The officers so selected shall assist the Chief of
the National Guard Bureau in carrying out the functions of
the National Guard Bureau as they relate to their respective
branches.
``(b) Other Officers.--There are in the National Guard
Bureau a legal counsel, a comptroller, and an inspector
general, each of whom shall be appointed by the Chief of the
National Guard Bureau. They shall perform such duties as the
Chief may prescribe.
``Sec. 297. Definition
``In this chapter, the term `State' includes the District
of Columbia, the Commonwealth of Puerto Rico, and Guam and
the Virgin Islands.''.
(2) The table of chapters at the beginning of subtitle A of
title 10, United States Code, and at the beginning of part I
of such subtitle, are each amended by inserting after the
item relating to chapter 11 the following:
``12. National Guard Bureau................................ 291''.
(b) Conforming Repeal.--(1) Section 3040 of title 10,
United States Code, is repealed.
(2) The table of sections at the beginning of chapter 305
of such title is amended by striking out the item relating to
section 3040.
(c) Conforming Amendment.--The text of section 108 of title
32, United States Code, is amended to read as follows:
``If, within a time fixed by the President, a State fails
to comply with a requirement of this title, or a regulation
prescribed under this title, the National Guard of that State
is barred, in whole or in part, as the President may
prescribe, from receiving money or any other aid, benefit, or
privilege authorized by law.''.
(d) Effective Date.--The amendments made by this section
shall take effect at the end of the 90-day period beginning
on the date of the enactment of this Act.
SEC. 902. ARMY RESERVE COMMAND.
(a) In General.--(1) Chapter 307 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 3083. Army Reserve Command
``(a) Establishment of Command.--There is in the Army a
United States Army Reserve Command, which shall be maintained
as a separate command of the Army. The Army Reserve Command
shall be established and maintained by the Secretary of the
Army with the advice and assistance of the Chief of Staff of
the Army.
``(b) Supervision By Chief of Staff.--The Secretary of the
Army shall provide for the Chief of Staff of the Army to
exercise supervision over the Army Reserve Command and to
perform all other responsibilities and
[[Page 1024]]
functions with respect to such command as are specified or
authorized in subsections (c), (d), and (e) of section 3033
of this title.
``(c) Commander.--Unless otherwise directed by the
Secretary, the Chief of the Army Reserve shall be the
commander of the Army Reserve Command. The commander of the
Army Reserve Command reports directly to the Chief of Staff
of the Army.
``(d) Assignment of Forces.--The Secretary of the Army
shall assign to the Army Reserve Command all forces of the
Army Reserve.
``(e) Functions of Chief of Staff.--The Chief of Staff of
the Army, acting through the active component command
structure, shall--
``(1) be responsible for establishing standards, evaluating
units, validating units, and providing training assistance
for the Army Reserve in the areas of unit training,
readiness, and mobilization;
``(2) establish procedures for the evaluation of reserve
component units by active component units for the purpose of
determining whether, or to what extent, they meet the
standards established under paragraph (1);
``(3) establish policies for acceptance of premobilization
readiness evaluation results where appropriate during a
mobilization in order to minimize the time required to
certify reserve units as ready for combat operations and to
avoid unnecessary duplicative training;
``(4) validate and certify the readiness of reserve
component units after they are mobilized; and
``(5) establish training doctrine (with associated tasks,
conditions, and standards) for individual and unit training
and standards, control of certification, and validation for
all courses, instructors, and students for the Army Reserve.
``(f) Responsibility.--The commander of the Army Reserve
Command is responsible for meeting the standards and
complying with the evaluation, certification, and validation
requirements established by the Chief of Staff pursuant to
paragraphs (1) and (2) of subsection (e).''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``3083. Army Reserve Command.''.
(b) Conforming Repeal.--Section 903 of Public Law 101-510
(10 U.S.C. 3074 note) is repealed.
(c) Implementation Report.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of the
Army shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report on the plans of
the Secretary for implementing of section 3082 of title 10,
United States Code, as added by subsection (a).
(d) Schedule for Implementation.--Implementation of section
3082 of title 10, United States Code, as added by subsection
(a), shall begin not later than 90 days after the date of the
enactment of this Act and shall be completed not later than
one year after such date.
SEC. 903. ASSIGNMENT OF RESERVE FORCES TO COMBATANT COMMANDS.
Section 162 of title 10, United States Code, is amended by
adding at the end the following new subsections:
``(c) Assignment of Reserve Forces.--(1) Except as provided
in subsection (d), reserve component forces shall be subject
to paragraphs (1) and (2) of subsection (a) only after being
called or ordered to active duty (other than for training) in
accordance with chapter 39 and sections 3013, 5013, and 8013
of this title, as applicable.
``(2) The Secretary of each military department, in
accordance with directives issued by the Secretary of
Defense, shall allocate reserve component units under the
Secretary's jurisdiction to the combatant command or commands
to which it is expected that they may be assigned after being
called or ordered to active duty (other than for training).
``(3) The commanders of the combatant commands to which a
reserve component unit may be assigned after being called or
ordered to active duty (other than for training) shall
establish standards in the areas of (A) joint training, and
(B) readiness to carry out missions assigned to the
commanders. The Secretaries of the military departments, in
accordance with their responsibilities under chapters 303,
503, and 803 of this title, shall prepare reserve component
units to meet the standards established by the commanders of
the combatant commands.
``(4) As directed by the Secretary of Defense, and
notwithstanding paragraphs (1), (2), and (3), reserve
component special operations units and personnel designated
under section 167(b) of this title may be treated in the same
manner as active forces under paragraph (1) of subsection
(a).
``(d) Authority of Governors Over National Guard.--Nothing
in this section shall be construed to limit or otherwise
modify the authorities reserved to the Governors of the
several States over forces of the National Guard when those
forces are not in Federal service.
``(e) Definition.--In this section, the term `forces'
refers to military units and personnel that the Secretary of
a military department has determined, in accordance with the
Secretary's responsibilities under chapter 303, 505, or 803
of this title, as applicable, to be prepared for the
effective prosecution of war, in accordance with section
3062, 5062, 5063, or 8062 of this title and, therefore,
capable of carrying out missions assigned to the commander of
a combatant command.''.
SEC. 904. BUDGET SUPPORT FOR RESERVE ELEMENTS OF SPECIAL
OPERATIONS COMMAND.
Section 167 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(k) Budget Support for Reserve Elements.--The budget
proposal for the special operations command that is submitted
to the Secretary of Defense for any fiscal year may not,
without the concurrence of the Secretary of the military
department concerned, propose to eliminate, or to
significantly reduce the level of funding for, a reserve
component special operations unit. The budget proposal for a
military department that is submitted to the Secretary of
Defense for any fiscal year may not, without the concurrence
of the commander of the special operations command, propose
funding for special operations forces in the military
personnel budget for a reserve component in that military
department that has the effect of proposing to eliminate, or
to significantly reduce the level of funding for, a reserve
component special operations unit.''.
SEC. 905. CHANGE OF TITLE OF COMPTROLLER OF THE DEPARTMENT OF
DEFENSE TO UNDER SECRETARY OF DEFENSE
(COMPTROLLER).
(a) In General.--(1) Section 135 of title 10, United States
Code, is amended--
(A) in subsection (a), by striking out ``Comptroller of the
Department of Defense'' and inserting in lieu thereof ``Under
Secretary of Defense (Comptroller)''; and
(B) in subsections (b), (c), (d), and (e), by striking out
``Comptroller'' each place it appears and inserting in lieu
thereof ``Under Secretary of Defense (Comptroller)''.
(2) The heading for such section is amended to read as
follows:
``Sec. 135. Under Secretary of Defense (Comptroller)''.
(3) The item relating to such section in the table of
sections at the beginning of chapter 4 of such title is
amended to read as follows:
``135. Under Secretary of Defense (Comptroller).''.
(b) Conforming Amendments to Title 10, United States
Code.--(1) Section 131(b)(4) of title 10, United States Code,
is amended by striking out ``Comptroller'' and inserting in
lieu thereof ``Under Secretary of Defense (Comptroller)''.
(2) Section 138(d) of such title is amended by striking out
``and Comptroller''.
(c) Conforming Amendment to Title 5, United States Code.--
Section 5314 of title 5, United States Code, is amended by
striking out ``Comptroller of the Department of Defense'' and
inserting in lieu thereof ``Under Secretary of Defense
(Comptroller).''.
(d) References in Other Laws.--Any reference to the
Comptroller of the Department of Defense in any provision of
law other than title 10, United States Code, or in any rule,
regulation, or other paper of the United States shall be
treated as referring to the Under Secretary of Defense
(Comptroller).
SEC. 906. RECLARIFICATION OF INDEPENDENT STATUS OF DIRECTOR
OF OPERATIONAL TEST AND EVALUATION.
Section 139(c) of title 10, United States Code, is amended
by inserting after ``(c)'' the following: ``Within the Office
of the Secretary of Defense, the Director reports to the
Under Secretary of Defense (Comptroller).''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon
determination by the Secretary of Defense that such action is
necessary in the national interest, the Secretary may
transfer amounts of authorizations made available to the
Department of Defense in this division for fiscal year 1995
between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the
same purposes as the authorization to which transferred.
(2) The total amount of authorizations that the Secretary
of Defense may transfer under the authority of this section
may not exceed $2,000,000,000.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary of Defense shall
promptly notify Congress of transfers made under the
authority of this section.
SEC. 1002. CLARIFICATION OF SCOPE OF AUTHORIZATIONS.
No funds are authorized to be appropriated under this Act
for the Department of Justice.
SEC. 1003. INCORPORATION OF CLASSIFIED ANNEX.
(a) Status of Classified Annex.--The Classified Annex
prepared by the Committee on Armed Services of the House of
Rep-
[[Page 1025]]
resentatives to accompany the bill H.R. 4301 of the One
Hundred Third Congress and transmitted to the President is
hereby incorporated into this Act.
(b) Construction With Other Provisions of Act.--The amounts
specified in the Classified Annex are not in addition to
amounts authorized to be appropriated by other provisions of
this Act.
(c) Limitation on Use of Funds.--Funds appropriated
pursuant to an authorization contained in this Act that are
made available for a program, project, or activity referred
to in the Classified Annex may only be expended for such
program, project, or activity in accordance with such terms,
conditions, limitations, restrictions, and requirements as
are set out for that program, project, or activity in the
Classified Annex.
(d) Distribution of Classified Annex.--The President shall
provide for appropriate distribution of the Classified Annex,
or of appropriate portions of the annex, within the executive
branch of the Government.
SEC. 1004. DATE FOR SUBMISSION OF FUTURE-YEARS MISSION
BUDGET.
Section 222(a) of title 10, United States Code, is amended
by striking out ``at the same time that'' in the second
sentence and inserting in lieu thereof ``within 30 days after
the date on which''.
SEC. 1005. IDENTIFICATION AND REPORTING OF UNAUTHORIZED
APPROPRIATIONS.
(a) In General.--(1) Chapter 9 of title 10, United States
Code, is amended by inserting after section 222 the following
new section:
``Sec. 223. Identification of unauthorized appropriations
``(a) Identification.--(1) Upon the enactment of a law
making a defense appropriation, the Secretary of Defense
shall determine, with respect to each defense appropriation
provided in that law--
``(A) whether any part of such appropriation provides funds
for an unauthorized program element (as defined in subsection
(c)); and
``(B) if there are funds provided as part of any such
appropriation for an unauthorized program element, the total
amount of funds provided under that appropriation for all
such unauthorized program elements.
``(2) A determination under paragraph (1) shall be made
with respect to a defense appropriation for a fiscal year
immediately upon enactment of the law making that
appropriation. However, if as of the enactment of such law
there has not been enacted a law specifically authorizing
appropriations for that fiscal year for the purposes named in
section 114(a) of this title, such determination shall be
made immediately after enactment of such an authorization
law.
``(3) Not later than 30 days after the enactment of such an
appropriation or authorization law (whichever is enacted
later), the Secretary shall submit to Congress a report
identifying--
``(A) any unauthorized program element; and
``(B) any amount determined under paragraph (1)(B).
``(b) Comptroller General Review and Report.--(1) The
Comptroller General shall promptly review each report of the
Secretary under subsection (a). The Comptroller General shall
submit a report to Congress if the Comptroller General
determines--
``(A) that the law with respect to which the Secretary
submitted a report provides appropriations for an
unauthorized program element in addition to those identified
in the report of the Secretary; or
``(B) that a program element identified in that report as
an unauthorized program element is not unauthorized.
``(2) A report under paragraph (1)--
``(A) shall identify those defense appropriations, and
program elements under appropriations, with respect to which
the Comptroller General made determinations under
subparagraphs (A) and (B), respectively, of such paragraph;
and
``(B) shall include such comments and recommendations as
the Comptroller General considers appropriate.
``(3) Such a report shall be submitted not later than 30
days after the date on which the report of the Secretary
under subsection (a) is received by Congress.
``(c) Definitions.--In this section:
``(1) The term `defense appropriation' means an amount
appropriated or otherwise made available by Congress in an
appropriation law for one of the purposes stated in section
114(a) of this title.
``(2) The term `unauthorized program element' means a
program element of a program, project, or activity of the
Department of Defense (as identified in budget documents of
the Department of Defense or in congressional budget
documents) for which an amount is provided under a defense
appropriation (whether or not specified in the appropriation
Act concerned) in an amount greater than the amount
authorized by law to be appropriated for such program element
(whether or not such authorized amount is specified by law),
determined by taking into consideration statutory language,
legislative history, and budget documents submitted to
Congress by the Department of Defense.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``223. Identification of unauthorized appropriations.''.
(b) Effective Date.--Section 223 of title 10, United States
Code, as added by subsection (a), shall apply with respect to
amounts appropriated for fiscal years after fiscal year 1994.
Subtitle B--Counter-Drug Activities
SEC. 1011. DEPARTMENT OF DEFENSE SUPPORT FOR COUNTER-DRUG
ACTIVITIES OF OTHER AGENCIES.
(a) Extension of Support Authorization.--Section 1004(a) of
the National Defense Authorization Act for Fiscal Year 1991
(10 U.S.C. 374 note) is amended by striking out ``through
1995'' and inserting in lieu thereof ``through 1997''.
(b) Funding of Support Activities.--Of the amount
authorized to be appropriated for fiscal year 1995 under
section 301 for operation and maintenance with respect to
drug interdiction and counter-drug activities, $40,000,000
shall be available to the Secretary of Defense for the
purposes of carrying out section 1004 of the National Defense
Authorization Act for Fiscal Year 1991 (10 U.S.C. 374 note).
Subtitle C--Contingency Operations
SEC. 1021. FUNDING FOR CONTINGENCY OPERATIONS.
(a) Restriction.--Section 127a of title 10, United States
Code, is amended--
(1) by striking out paragraph (3) of subsection (b);
(2) by transferring subsection (d) to the end of the
section and redesignating that subsection as subsection (j);
(3) by inserting after subsection (c) the following new
subsection (d):
``(d) Limitation on Source of Funds for Contingency
Operations.--The Secretary of Defense may not use amounts in
an operation and maintenance operating forces account (known
as a budget activity 1 account) in fully reimbursing the
Defense Business Operations Fund under a plan referred to in
subsection (c).'';
(4) by redesignating subsections (f), (g), and (h) as
subsections (g), (h), and (i), respectively; and
(5) by inserting after subsection (e) the following new
subsection (f):
``(f) Restriction.--(1) When an operating unit of the armed
forces is assigned to carry out an operational mission for
which funds were not specifically provided in the budget for
the then-current fiscal year, otherwise applicable funding
procedures described in paragraph (2) may not be waived
unless the operational mission is designated as a National
Contingency Operation under subsection (a).
``(2) Paragraph (1) applies to a provision of law or a
Government accounting practice that requires (or that has the
effect of requiring) that when an operating unit of the armed
forces receives support services from a support unit of the
armed forces that operates through the Defense Business
Operations Fund (or a successor fund), that operating unit
shall reimburse that support unit (or that fund) for the
costs incurred by the support unit (or the fund) in providing
such support.''.
(b) Extension of Uses of Appropriated Fund.--Subsection (e)
of such section is amended--
(1) in the subsection heading, by striking out
``Incremental Personnel Costs Account'' and inserting in lieu
thereof ``National Contingency Operation Non-DBOF Costs
Fund'';
(2) in the first sentence, by striking out ``Personnel''
and inserting in lieu thereof ``Non-DBOF Costs''; and
(3) in the second sentence, by inserting before the period
the following: ``and for other costs attributable to a
National Contingency Operation for which funds cannot be
provided through the Defense Business Operations Fund (or a
successor fund), and for no other purpose''.
SEC. 1022. EXTENSION OF AUTHORITY TO ENTER INTO CERTAIN
COOPERATIVE AGREEMENT AUTHORITIES TO INCLUDE
THE UNITED NATIONS AND REGIONAL ORGANIZATIONS
OF WHICH THE UNITED STATES IS A MEMBER.
(a) Logistics Agreements.--Section 2341 of title 10, United
States Code, is amended--
(1) by striking out ``and'' the first place it appears in
paragraph (1) and inserting in lieu thereof a comma, and
(2) by inserting after ``from North Atlantic subsidiary
bodies'' the following: ``, and from the United Nations
Organization or any regional international organization of
which the United States is a member''.
(b) Cross-Servicing Agreements.--Section 2342(a) of such
title is amended--
(1) in paragraph (1)--
(A) by striking out ``or'' at the end of subparagraph (B);
(B) by redesignating subparagraph (C) as subparagraph (D);
and
(C) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) the United Nations Organization or any regional
international organization of which the United States is a
member; or''; and
(2) in paragraph (2), by striking out ``subsidiary body''
both places it appears and inserting in lieu thereof
``organization''.
(c) Method of Payment for Acquisitions and Transfers.--
Section 2344(b)(4) of such title is amended by adding at the
end the following new sentence: ``The pricing principles set
forth in paragraphs (1) and (2) shall also apply to
agreements under this subchapter with the United Nations
Organization or any regional international organization of
which the United States is a member.''.
(d) Definitions.--Section 2350 of such title is amended--
(1) in paragraph (1)--
(A) by inserting ``(including airlift)'' after
``transportation'';
[[Page 1026]]
(B) by inserting ``calibration services,'' after
``maintenance services,''; and
(C) by adding at the end the following new sentence: ``Such
term includes temporary use of general purpose vehicles and
other items of military equipment not designated as part of
the United States Munitions List pursuant to section 38(a)(1)
of the Arms Export Control Act.''; and
(2) by adding at the end the following new paragraph:
``(4) The term `transfer' means loaning, or otherwise
temporarily providing, logistic support, supplies, and
services under the terms of a cross-servicing agreement.''.
(e) Effective Date.--The amendments made by this section
shall apply with regard to any acquisition or transfer of
logistic support, supplies, and services under the authority
of subchapter I of chapter 138 of title 10, United States
Code, that is initiated after the date of the enactment of
this Act.
SEC. 1023. OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID.
(a) OHDACA Programs.--For purposes of section 301 and other
provisions of this Act, programs of the Department of Defense
designated as Oversesas Humanitarian, Disaster, and Civic Aid
(OHDACA) programs are the programs provided by sections 401,
402, 2547, and 2551 of title 10, United States Code, by
section 2219 of title 10, United States Code, as added by
section 1024, and by section 1025.
(b) Limitation.--Not more than one-half of the amount
authorized to be appropriated in section 301 for those
programs may be obligated until--
(1) the regulations required to be prescribed by subsection
(a) of section 1504 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1839)
have been prescribed; and
(2) the report required to be submitted by subsection (d)
of that section has been submitted.
SEC. 1024. DISASTER RELIEF.
(a) In General.--Chapter 131 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2219. Disaster relief; Defense Emergency Response Fund
``(a) Domestic Disaster Relief.--The Defense Emergency
Response Fund (established by title V of Public Law 101-165
(103 Stat. 1126)) is available only for assistance in the
case of disasters occurring in the United States.
``(b) Overseas Disaster Relief.--The Secretary of Defense
shall carry out such foreign disaster assistance as the
President may direct the Secretary to provide. Whenever the
Secretary of Defense is directed to provide disaster relief
assistance in the case of a natural or manmade disaster
occurring outside the United States, the Secretary shall
designate the activity of the Department of Defense to
provide that assistance to be a National Contingency
Operation under section 127a of this title.
``(c) Organizing Policies and Programs.--Amounts
appropriated for any fiscal year for Oversesas Humanitarian,
Disaster, and Civic Aid (OHDACA) programs of the Department
of Defense shall be available for organizing general policies
and programs for disaster relief programs for disasters
occurring outside the United States.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2219. Disaster relief; Defense Emergency Response Fund.''.
SEC. 1025. HUMANITARIAN ASSISTANCE PROGRAM FOR CLEARING
LANDMINES.
(a) Program.--The Secretary of Defense shall carry out a
program to assist other nations in clearing landmines for
humanitarian purposes. Such assistance may be provided in the
form of financial assistance, in-kind or personnel
assistance, or both.
(b) Limitation on Actions of United States Personnel.--The
Secretary of Defense shall ensure that United States military
personnel are not engaged in the physical lifting or
destroying of landmines except in support of United States
military operations.
(c) Source of Funds.--Of the funds authorized to be
appropriated by section 301 for Overseas Humanitarian,
Disaster, and Civic Aid (OHDACA) programs of the Department
of Defense, such sums as determined by the Secretary of
Defense shall be available for the program under subsection
(a) and may be used for--
(1) activities to support the clearing of landmines for
humanitarian purposes, including activities relating to the
furnishing of education, training, technical assistance,
equipment, and technology; and
(2) contributions to nongovernmental organizations that
have experience in landmine clearance to support activities
described in paragraph (1).
Subtitle D--Other Matters
SEC. 1031. ANNUAL REPORT ON DENIAL, REVOCATION, AND
SUSPENSION OF SECURITY CLEARANCES.
(a) In General.--The Secretary of Defense shall submit to
Congress, not later than 90 days after the close of each of
fiscal years 1995 through 2000, a report concerning the
denial, revocation, or suspension of security clearances for
Department of Defense military and civilian personnel, and
for Department of Defense contractor employees, for that
fiscal year.
(b) Matter To Be Included in Report.--The Secretary shall
include in each such report the following information with
respect to the fiscal year preceding the fiscal year during
which the report is submitted (shown separately for members
of the Armed Forces, civilian officers and employees of the
Department of Defense, and employees of contractors of the
Department of Defense):
(1) The number of denials, revocations, and suspensions of
a security clearance, including clearance for special access
programs and for sensitive compartmented information.
(2) For cases involving the denial of a security clearance,
the average time period from the date of the initial
determination and notification to the individual concerned of
the denial of the clearance to the date of the final
determination of the denial, as well as the shortest and
longest time period in such cases.
(3) For cases involving the suspension of a security
clearance, the average time period from the date of the
initial determination and notification to the individual
concerned of the suspension of the clearance to the date of
the final determination of the suspension, as well as the
shortest and longest time period of such cases.
(4) The number of cases in which a security clearance was
suspended in which the resolution of the matter was the
restoration of the security clearance, and the average period
of time for such suspensions.
(5) The number of cases in which an individual who had a
security clearance denied or revoked remained employed with
the employing contractor or agency, or remained a member of
the Armed Forces, for three months, for six months, and for
twelve months after the date of the final determination to
deny or revoke the clearance.
(6) The number of cases in which an individual who had a
security clearance suspended, and in which no final
determination had been made, remained employed with the
employing contractor or agency, or remained a member of the
Armed Forces, for three months, for six months, and for
twelve months after the date of the suspension.
(7) The number of cases in which an appeal was made from a
final determination to deny or revoke a security clearance
and, of those, the number in which the appeal resulted in the
granting or restoration of the security clearance.
SEC. 1032. COMMISSION ON ROLES AND MISSIONS OF THE ARMED
FORCES.
(a) Size of Commission.--Section 952(b)(1) of the National
Defense Authorization Act for Fiscal Year 1994 (107 Stat.
1738) is amended by striking out ``seven members'' and
inserting in lieu thereof ``ten members''.
(b) Conforming Amendment.--Section 956(b)(1) of such Act
(107 Stat. 1740) is amended by striking out ``Four members''
and inserting in lieu thereof ``Six members''.
(c) Deadline for Appointment of Additional Members of
Commission.--The additional members of the Commission on
Roles and Missions of the Armed Forces authorized by the
amendment made by subsection (a) shall be appointed by the
Secretary of Defense within 45 days after the date of the
enactment of this Act.
SEC. 1033. PROHIBITION ON AUTHORIZATION OF PAYMENT OF COSTS
UNDER DEFENSE CONTRACTS FOR RESTRUCTURING COSTS
OF A MERGER OR ACQUISITION.
On and after May 4, 1994, the Secretary of Defense may not
authorize payment of any restructuring costs associated with
a merger or acquisition that are incurred by a contractor
under contract with the Department of Defense.
SEC. 1034. TRANSFER OF CERTAIN B-17G AIRCRAFT.
The Secretary of the Air Force shall transfer all right,
title, and interest of the Air Force in a B-17G aircraft,
serial number 44-83684, to the organization known as Planes
of Fame, Chino, California.
SEC. 1035. USS INDIANAPOLIS (CA-35): GALLANTRY, SACRIFICE AND
A DECISIVE MISSION TO END WW II.
(a) The Congress finds that--
(1) the USS INDIANAPOLIS served the people of the United
States with valor and distinction throughout World War Two in
action against enemy forces in the Pacific Theater of
operations from 7 December 1941 to 29 July 1945,
(2) the fast and powerful heavy cruiser with its courageous
and capable crew, compiled an impressive combat record during
her victorious forays across the battle-torn reaches of the
Pacific, receiving in the process ten hard-earned Battle
Stars from the Aleutians to Okinawa,
(3) this mighty ship repeatedly proved herself a swift,
hard-hitting weapon of our Pacific Fleet, rendering
invaluable service in anti-shipping, shore bombardments,
anti-air and invasion support roles, serving with honor and
great distinction as Fifth Fleet Flagship under Adm. Raymond
Spruance, USN, and Third Fleet Flagship under Adm. William F.
Halsey, USN,
(4) this gallant ship, owing to her superior speed and
record of accomplishment, transported the world's first
operational atomic bomb to the Island of Tinian,
accomplishing her mission at a record average speed of 29
knots,
(5) following the accomplishment of her mission, the
INDIANAPOLIS departed Tinian for Guam. And from Guam she
embarked for the Leyte Gulf where she would join with the
fleet assembling for the invasion of Japan. And at 0014 hours
on 30 July 1945, the USS INDIANAPOLIS was sunk by enemy
torpedo action,
(6) of her crew of 1,198 officers and men, approximately
900 survived the initial torpedo
[[Page 1027]]
attack. And, owing to the fact that her communication ability
had been destroyed in the attack, INDIANAPOLIS' sinking was
not discovered for 5 fateful days, during which the survivors
suffered incessant shark attacks, starvation, desperate
thirst, and exposure. Only 319 were rescued, and
(7) from her participation in the earliest offensive
actions in the Pacific in World War II to becoming the last
capital ship lost in that conflict, the USS INDIANAPOLIS, and
her crew left an indelible imprint on our nation's struggle
to eventual victory. And this selfless and outstanding
performance of duty reflects great credit upon the ship and
her crew, thus upholding the very highest traditions of the
United States Naval Service.
(b) Therefore, the Congress of the United States, acting on
behalf of the grateful people of the United States, hereby
recognizes the invaluable contributions of the USS
INDIANAPOLIS to the ending of WW II. And on the occasion of
the 50th Anniversary of her tragic sinking, and the
dedication of her National Memorial in Indianapolis on July
30th, 1995, the Congress hereby commends this gallant ship
and her crew for selfless and heroic service to the United
States of America.
SEC. 1036. SENSE OF CONGRESS CONCERNING COMMENDATION OF
INDIVIDUALS EXPOSED TO MUSTARD AGENTS DURING
WORLD WAR II TESTING ACTIVITIES.
(a) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense should issue to each individual
described in subsection (b) a commendation in honorary
recognition of the individual's special service, loyalty, and
contribution to the United States.
(b) Covered Individuals.--Individuals referred to in
subsection (a) are those individuals who, as members of the
Armed Forces or employees of the Department of War during
World War II, were exposed (without their knowledge or
consent) to mustard agents in connection with testing
performed by the Department of War during that war.
(c) Notification of Exposure.--The Secretary of Defense
shall notify each surviving individual described in
subsection (b) of--
(1) the exposure described in subsection (a);
(2) the possible health effects of the exposure that are
known to the Secretary; and
(3) the likely options available to the individual for
medical treatment for any adverse health effects resulting
from the exposure.
(d) Furnishing of Information to Secretary of Veterans
Affairs.--The Secretary of Defense shall provide to the
Secretary of Veterans Affairs any information of the
Department of Defense regarding the exposure described in
subsection (a), including the names of the individuals
described in subsection (b).
SEC. 1037. SENSE OF CONGRESS CONCERNING ELIGIBILITY FOR ARMED
FORCES EXPEDITIONARY MEDAL BASED UPON SERVICE
IN EL SALVADOR.
(a) Sense of Congress.--It is the sense of Congress that,
for the purpose of determining eligibility of members and
former members of the Armed Forces for the Armed Forces
Expeditionary Medal, the country of El Salvador during the
period beginning on January 1, 1981, and ending on February
1, 1992, should be treated as having been designated as an
area and a period of time in which members of the Armed
Forces participated in operations in significant numbers and
otherwise met the general requirements for the award of that
medal.
(b) Individual Determination.--The Secretary of the
military department concerned should determine whether
individual members or former members of the Armed Forces who
served in El Salvador during the period beginning on January
1, 1981, and ending on February 1, 1992, meet the individual
service requirements for award of the Armed Forces
Expeditionary Medal as established in applicable regulations.
Such determinations should be made as expeditiously as
possible after the date of the enactment of this Act.
SEC. 1038. MILITARY-TO-MILITARY CONTACT PROGRAM.
(a) Authorization.--Of amounts appropriated pursuant to
section 301(5) for Defense-wide activities, $45,800,000 shall
be available to continue efforts that were initiated by the
commander of a United States unified command and approved by
the chairman of the Joint Chiefs of Staff for military-to-
military contacts and comparable activities that are designed
to assist the military forces of other countries in
understanding the appropriate role of military forces in a
democratic society.
(b) Report to Congress.--Not more than $10,000,000 of the
funds authorized by subsection (a) may be obligated until the
Secretary of Defense submits to Congress a report describing
in detail how the military-to-military contact program will
be executed during fiscal year 1995.
SEC. 1039. LIMITATION ON OBLIGATION OF FUNDS FOR OVERSEAS
BASING ACTIVITIES.
(a) Limitation.--The total amount authorized to be
appropriated to the Department of Defense for operation and
maintenance and for military construction (including
construction and improvement of military family housing) that
is obligated to conduct overseas basing activities during
fiscal year 1995 may not exceed $8,181,000,000, except to the
extent provided by the Secretary of Defense under subsection
(b).
(b) Exception.--The Secretary of Defense may increase the
amount of the limitation under subsection (a) by such amount
as the Secretary determines to be necessary in the national
interest, except that such increase may not exceed
$400,000,000. The Secretary may not make any such increase
until the Secretary notifies the Congress of the Secretary's
intent to make such an increase and a period of 15 days
elapses after the day on which the notification is received
by the Congress.
(c) Allocations of Savings.--Any amounts appropriated to
the Department of Defense for fiscal year 1995 for the
purposes covered by subsection (a) that are not available to
be used for those purposes by reason of the limitation in
that subsection shall be allocated by the Secretary of
Defense for operation and maintenance and for military
construction activities of the Department of Defense at
military installations and facilities located inside the
United States.
(d) Definition.--In this section, the term ``overseas
basing activities'' has the meaning given such term in
section 1401(d)(2) of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1825),
except that such term does not include activities of the
Department of Defense for which funds are provided through
appropriations for Military Personnel.
SEC. 1040. TRANSPORTATION OF CHEMICAL MUNITIONS.
(a) Prohibition of Transportation Across State Lines.--The
Secretary of Defense may not transport any chemical munition
that constitutes part of the chemical weapons stockpile out
of the State in which that munition is located on the date of
the enactment of this Act and, in the case of any such
chemical munition not located in a State on the date of the
enactment of this Act, may not transport any such munition
into a State.
(b) Transportation of Chemical Munitions Not in Chemical
Weapons Stockpile.--If it is considered necessary, the
Secretary of Defense may transport to the nearest chemical
munitions stockpile storage facility that has necessary
permits for receiving and storing such items any chemical
munitions that are discovered or otherwise come within the
control of the Department of Defense and that do not
constitute part of the chemical weapons stockpile, if the
transportation of those munitions to that facility can be
accomplished while protecting public health and safety.
SEC. 1041. FINDINGS AND SENSE OF CONGRESS CONCERNING THE
NORTH ATLANTIC TREATY ORGANIZATION.
(a) Findings.--The Congress makes the following findings:
(1) The North Atlantic Treaty Organization has served as a
bulwark of peace, security, and democracy for the United
States and the members of the alliance since 1949.
(2) The unswerving resolve of the member states of the
North Atlantic Treaty Organization to mutual defense against
the threat of communist aggression was central to the demise
of the Warsaw Pact.
(3) The North Atlantic Treaty Organization is the most
successful international security organization in history,
and is well suited to help marshal our cooperative political,
diplomatic, economic, and humanitarian efforts, buttressed by
credible military capability aimed at deterring conflict, and
thus contributing to international peace and security.
(4) The threat of instability in Eastern and Central
Europe, as well as in the Southern and Eastern Mediterranean,
continues to pose a fundamental challenge to the interests of
the member states of the North Atlantic Treaty Organization.
(5) North Atlantic Treaty Organization assets have been
deployed in recent years for more than the territorial
defense of alliance members; and the Rome Summit of October
1991 adopted a new strategic concept for the North Atlantic
Treaty Organization that entertained the possibility of
operations beyond the alliance's self-defense area.
(6) In Oslo in July 1992, and in Brussels in December 1992,
the alliance embraced the deployment of North Atlantic Treaty
Organization forces to peacekeeping operations under the
auspices of the United Nations or the Conference on Security
and Cooperation in Europe.
(7) The North Atlantic Treaty Organization should attempt
to cooperate with and seek a mandate from international
organizations such as the United Nations when considering
responses to out of area crises.
(8) Not all members of the international community share a
commonality of interests that would ensure timely action by
the United Nations Security Council.
(9) The security interests of the member countries of the
North Atlantic Treaty Organization must not be held hostage
to indecision at the United Nations or a veto by a permanent
member of the Security Council.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) it should be the policy of the United States that the
North Atlantic Treaty Organization retains the right of
autonomy of action regarding missions in addition to
collective defense should the United Nations Security Council
or the Conference on Security and Cooperation in Europe fail
to act;
(2) while it is desirable to work with other international
organizations and arrangements where feasible in dealing with
threats to the peace, the North Atlantic Treaty Organization
is not an auxiliary to the United Nations or other
organization; and
(3) ultimately the member states of the North Atlantic
Treaty Organization reserve the right to act in defense of
their vital interests independent of decisions by any
international organization or arrangement.
[[Page 1028]]
SEC. 1042. REPORT ON STATUS OF DEFENSE RANDOM DRUG TESTING
PROGRAM.
Not later than six months after the date of the enactment
of this Act, the Secretary of Defense shall submit a report
to Congress describing the policy and procedures under which
the Armed Forces conduct random drug testing of members of
the Armed Forces, the frequency of such testing, and the
number of members annually required to submit to such
testing. The report shall describe any changes that were made
or proposed to be made to such policy or procedures or to the
frequency of such testing during the one-year period ending
on the date of the enactment of this Act.
SEC. 1043. REDUCTION OF UNITED STATES MILITARY FORCES IN
EUROPE.
(a) End Strength Reductions for Military Personnel in
Europe.--Notwithstanding section 1002(c)(1) of the National
Defense Authorization Act, 1985 (22 U.S.C. 1928 note), but
subject to subsection (d), for each of fiscal years 1996,
1997, 1998, and 1999, the Secretary of Defense shall reduce
the end strength level of members of the Armed Forces of the
United States assigned to permanent duty ashore in European
member nations of the North Atlantic Treaty Organization in
accordance with subsection (b).
(b) Reduction Formula.--
(1) Application of formula.--For each percentage point that
the allied contribution level determined under paragraph (2)
is below the goal specified in subsection (c) as of the end
of a fiscal year, the Secretary of Defense shall reduce the
end strength level of members of the Armed Forces of the
United States assigned to permanent duty ashore in European
member nations of NATO by 1,000 for the next fiscal year. The
reduction shall be made from the end strength level in
effect, pursuant to section 1002(c)(1) of the National
Defense Authorization Act, 1985 (22 U.S.C. 1928 note), and
subsection (a) of this section (if applicable), for the
fiscal year in which the allied contribution level is below
the goal specified in subsection (c).
(2) Allied contribution level.--To determine the allied
contribution level with respect to a fiscal year, the
Secretary of Defense shall calculate the aggregate amount of
nonpersonnel costs for United States military installations
in European member nations of NATO that are assumed during
that fiscal year by such nations, except that the Secretary
may consider only those cash and in-kind contributions by
such nations that replace expenditures that would otherwise
be made by the Secretary using funds appropriated or
otherwise made available in defense appropriations Acts.
(c) Annual Goals for Force Reduction.--In continuing
efforts to enter into revised host-nation agreements as
described in section 1301(e) of National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484;
106 Stat. 2545) and section 1401(c) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
107 Stat. 1824), the President is urged to seek to have
European member nations of NATO assume an increased share of
the nonpersonnel costs of United States military
installations in those nations in accordance with the
following timetable:
(1) By September 30, 1995, 18.75 percent of such costs
should be assumed by those nations.
(2) By September 30, 1996, 37.5 percent of such costs
should be assumed by those nations.
(3) By September 30, 1997, 56.25 percent of such costs
should be assumed by those nations.
(4) By September 30, 1998, 75 percent of such costs should
be assumed by those nations.
(d) Exceptions.--
(1) Minimum end strength authority.--Notwithstanding
reductions required pursuant to subsection (a), the Secretary
of Defense may maintain an end strength of at least 25,000
members of the Armed Forces of the United States assigned to
permanent duty ashore in European member nations of NATO.
(2) Waiver authority.--The President may waive operation of
this section if the President declares an emergency and
immediately informs the Congress of the waiver and the
reasons for the waiver.
(e) Allocation of Force Reductions.--To the extent that
there is a reduction in end strength level for any of the
Armed Forces in European member nations of NATO in a fiscal
year pursuant to subsection (a)--
(1) half of the reduction shall be used to make a
corresponding reduction in the authorized end strength level
for active duty personnel for such Armed Force for that
fiscal year; and
(2) half of the reduction shall be used to make a
corresponding increase in permanent assignments or
deployments of forces in the United States or other nations
(other than European member nations of NATO) for each such
Armed Force for that fiscal year, as determined by the
Secretary of Defense.
(f) Nonpersonnel Costs Defined.--For purposes of this
section, the term ``nonpersonnel costs'', with respect to
United States military installations in European member
nations of NATO, means costs for those installations other
than costs paid from military personnel accounts.
SEC. 1044. REPORT ON MILITARY READINESS IMPLICATIONS OF
BOSNIA PEACEKEEPING DEPLOYMENT.
(a) Report.--(1) The Secretary of Defense shall submit to
the congressional defense committees a report assessing the
implications for United States military readiness of the
participation of United States ground combat forces in
peacekeeping operations within Bosnia-Hercegovina.
(2) The report shall be submitted not later than 90 days
after the date of the enactment of this Act or 30 days
following the deployment of United States ground forces to
Bosnia-Hercegovina, whichever occurs sooner.
(b) Matters To Be Included.--The report under subsection
(a) shall include the following:
(1) An estimate of the total number of forces required to
carry out such an operation, including forces required for a
rotation base.
(2) An estimate of the expected duration of such an
operation.
(3) An estimate of the cost of such an operation, together
with an explanation of how the Secretary proposes to provide
funds for such an operation and an assessment of how such
proposed funding plan would affect overall military
readiness.
(4) An assessment of the effect such an operation would
have on the ability of the United States Armed Forces to
execute successfully the two nearly-simultaneous major
regional conflict strategy articulated in the Bottom-Up
Review.
(5) An assessment of how readily forces participating in
such an operation could be redeployed to a major regional
conflict, including an analysis of the availability of
strategic lift, the likely condition of equipment, and the
extent of retraining necessary to facilitate such a
redeployment.
(6) An assessment of the effect such an operation would
have on the general combat readiness and deployability of
combat units designated to be part of the contingency force,
including the extent to which contingency force combat units
would support the initial deployment and subsequent
rotations.
(7) An assessment of the effect such an operation would
have on the general combat readiness and deployability of
combat units not designated to be part of the contingency
force, including the extent to which non-contingency force
combat units would support the initial deployment and
subsequent rotations.
(8) For the initial deployment and subsequent rotations, an
assessment of the number and type of combat support and
combat service support units required from active forces,
including how many of such units are designated to support
the deployment of the contingency force.
(9) An assessment of the degree to which such an operation
would require the use of reserve component units and
personnel and the use and timing of involuntary Selected
Reserve call-up authority as provided by section 673b of
title 10, United States Code.
(10) An assessment of the anticipated cost of equipment
refurbishment resulting from such an operation.
(11) An assessment of how the increased operational tempo
associated with such an operation would affect the mission
capable readiness rates and overall health of both strategic
and theater airlift assets.
(c) Definitions.--For purposes of this section:
(1) The term ``contingency force'' includes--
(A) the set of four or five Army divisions that is
designated as the Army contingency force by the Secretary of
the Army, as well as Army active duty and reserve component
combat, combat support, and combat service support units
designated to respond to a regional conflict within the first
75 days of such conflict; and
(B) Air Force, Navy, and Marine Corps active duty and
reserve component combat, combat support, and combat service
support units designated to respond to a regional conflict
within the first 75 days of such conflict.
(2) The term ``Bottom-Up Review'' means the October 1993
Department of Defense report entitled ``Report on the Bottom-
Up Review''.
(d) Classification of Report.--The report required by
subsection (a) shall be submitted in unclassified form and,
if necessary, in classified form.
SEC. 1045. REPORT ON LESSONS LEARNED FROM UNITED STATES
ACTIVITIES IN SOMALIA.
(a) Report.--The Secretary of Defense shall submit to
Congress a report on the lessons learned from the United
States participation in United Nations activities in Somalia.
(b) Matters To Be Included.--The report shall--
(1) specifically describe the availability of intelligence
on forces of other nations and of indiginous forces operating
in Somalia before, during, and after the insertion of United
States forces; and
(2) set forth a complete review of any intelligence
failures, any equipment failures, and any equipment
unavailability in the theater.
(c) Submission of Report.--The report shall be submitted
not later than 180 days after the date of the enactment of
this Act.
SEC. 1046. SENSE OF CONGRESS CONCERNING SAFE, SECURE
DISMANTLEMENT OF SOVIET NUCLEAR ARSENAL.
(a) Findings.--Congress makes the following findings:
(1) It is a pressing national security challenge for the
United States to expedite the safe, secure dismantlement of
the nuclear arsenal of the former Soviet Union.
(2) In particular, it is essential to expedite the return
of strategic nuclear warheads from Ukraine, Belarus, and
Kazakhstan and to expedite the safe, secure dismantlement
[[Page 1029]]
of the nuclear delivery vehicles of Ukraine, Belarus, and
Kazakhstan.
(3) Leakage of nuclear materials and technology, and the
continuing threat of emigration of scientists and technicians
from the former Soviet nuclear weapons complex, pose a grave
threat to United States national security and to
international stability.
(4) Congress has authorized so-called ``Nunn-Lugar'' funds
to enable the Department of Defense to carry out cooperative
activities with states of the former Soviet Union to address
these threats.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of Defense and and the Secretary of State
should continue to give their serious attention to carrying
out a coordinated strategy for addressing this urgent
national security issue;
(2) the United States should expedite the availability and
effective application of so-called ``Nunn-Lugar'' funds;
(3) when possible, the United States should work with local
contractors in Ukraine, Belarus, Kazakhstan, and Russia to
expedite effective use of such funds; and
(4) efforts should be made to make the Science and
Technology Centers in Moscow and Kiev, designed to slow the
emigration of scientists and technicians from the former
Soviet weapons complex, fully operational on an expedited
basis.
SEC. 1047. COORDINATION OF MILITARY-TO-MILTIARY CONTACT
PROGRAMS.
(a) Limitation.--None of the amount authorized in this Act
for Cooperative Threat Reduction programs may be obligated
for a military-to-military contact program until the
Secretary of Defense and the Secretary of State submit to
Congress a joint report on the coordination of military-to-
military contact programs under their respective
jurisdictions.
(b) Covered Programs.--Programs to be covered in the report
under subsection (a) are the following:
(1) Military-to-miltiary contact programs to be carried out
using funds authorized in this Act for Cooperative Threat
Reduction programs.
(2) Military-to-military contact programs authorized under
other provisions of this Act.
(3) Military-to-military contact programs authorized under
chapter 5 of part II of the Foreign Assistance Act of 1961.
(c) Matters To Be Included.--The report shall include
discussion of how those programs are carried out to maximize
their effect in enhancing United States foreign policy
objectives and how they are carried out to maximize their
cost-efficiency.
SEC. 1048. EXTENSION OF SEMIANNUAL REPORT ON COOPERATIVE
THREAT REDUCTION PROGRAMS.
Section 1207 of the Cooperative Threat Reduction Act of
1993 (title XII of Public Law 103-60; 107 Stat. 1782) is
amended--
(1) by striking out ``Not later than April 30, 1994, and
not later than October 30, 1994,'' and inserting in lieu
thereof ``Not later than April 30 and not later than October
30 of each year,'';
(2) by striking out ``under this title'' and inserting in
lieu thereof ``under programs described in section 1203(b)'';
and
(3) in paragraph (3), by striking out ``this title'' and
inserting in lieu thereof ``the programs described in section
1203(b)''.
SEC. 1049. LIMITATION ON COOPERATIVE THREAT REDUCTION PROGRAM
RELATING TO OFFENSIVE BIOLOGICAL WEAPONS
PROGRAM OF RUSSIA.
None of the amount authorized to be appropriated by this
Act for Cooperative Threat Reduction programs may be
obligated until the President certifies to Congress that
Russia has terminated its offensive biological weapons
program.
SEC. 1050. PROHIBITION ON USE OF DEPARTMENT OF DEFENSE FUNDS
FOR UNITED STATES SHARE OF COSTS OF UNITED
NATIONS PEACEKEEPING OPERATIONS.
No funds authorized to be appropriated by this Act may be
transferred or obligated for the payment of the assessed
share of the United States for costs of United Nations
peacekeeping operations or for any arrearages derived
therefrom.
SEC. 1051. ASSISTANCE TO FAMILY MEMBERS OF KOREAN CONFLICT
POW/MIAS WHO REMAIN UNACCOUNTED FOR.
(a) Single Point of Contact.--The Secretary of Defense
shall designate an official of the Department of Defense to
serve as a single point of contact within the department for
the immediate family members (or their designees) of any
unaccounted-for Korean Conflict POW/MIA.
(b) Unaccounted-For Korean Conflict POW/MIA Defined.--For
purposes of this section, the term ``unaccounted-for Korean
Conflict POW/MIA'' means a member of the Armed Forces or
civilian employee of the United States who, as a result of
service during the Korean Conflict, was at any time
classified as a prisoner of war or missing-in-action or
otherwise as unaccounted for and whose person or remains have
not been returned to United States control and who remains
unaccounted for.
(c) Functions.--The official designated under subsection
(a) shall serve as a liaison between the family members of
unaccounted-for Korean Conflict POW/MIAs and the Department
of Defense and other Federal departments and agencies that
may hold information that may relate to unaccounted-for
Korean Conflict POW/MIAs. The functions of that official
shall include assisting family members--
(1) with procedures the family may follow in their search
for information about the unaccounted-for Korean Conflict
POW/MIA;
(2) in learning where they might locate information about
the unaccounted-for Korean Conflict POW/MIA; and
(3) in learning how and where to identify classified
records that contain pertinent information and that will be
declassified.
(d) Assistance In Obtaining Declassification.--The official
designated under subsection (a) shall seek to obtain the
rapid declassification of any relevant classified records
that are identified.
(e) Repository.--The official designated under subsection
(a) shall provide for a centralized repository for all
documents relating to unaccounted-for Korean Conflict POW/
MIAs that are located as a result of the official's efforts.
SEC. 1052. REPORT ASSESSING THE REGIONAL SECURITY
CONSEQUENCES OF UNITED STATES MILITARY
COOPERATION PROGRAMS.
(a) Report.--On or before the date of the submission to
Congress of the next annual report of the Secretary of
Defense submitted after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a
report assessing the national security consequences of United
States military cooperation programs. The report shall be
organized into separate sections for each region of the world
(as defined by the Secretary) in which there is a significant
degree of internal political instability or possibility of
changes in the external policies of countries with which the
United States has significant military cooperation
relationships.
(b) Matters To Be Included.--Each regional section of the
report required under subsection (a) shall include the
following:
(1) A description of cooperative military relationships in
effect between the United States and the countries of the
region.
(2) A description of how these activities are intended to
improve regional security.
(3) An assessment of the risks associated with engaging in
military cooperation programs with countries in the region
should the government of any of such country change its
political orientation in a manner hostile to United States
interests.
(4) An analysis of the effect on regional security of
possible multilateral actions to reduce the military
capability of governments and military forces in the region
that could pose a future threat to United States interests.
(c) Classified and Unclassified Form of Report.--The report
under subsection (a) shall be submitted in unclassified form
and, to the extent necessary, in classified form.
SEC. 1053. STUDY ON USE OF LOW-ENRICHED URANIUM TO FUEL NAVAL
REACTORS.
Not later than June 1, 1995, the Secretary of Defense and
the Secretary of Energy shall jointly submit to the Congress
a report on the costs, advantages, and disadvantages of using
low-enriched uranium to fuel naval reactors. The report shall
include the following:
(1) An examination of the implications of using low-
enriched uranium to fuel naval reactors for current and
future United States nuclear-powered naval vessels.
(2) An assessment of the effects of such use on--
(A) the factors of operating performance, ship
displacement, and reactor core life, including the full range
of plausible trade-offs between such factors;
(B) construction and operating costs; and
(C) naval fuel cycle impacts.
(3) An assessment of the effect on United States nuclear
nonproliferation policies if such use were established, under
the leadership of the United States, as the future global
norm.
(4) An assessment of the relative complexity,
effectiveness, and risks of safeguards as applied to low-
enriched uranium and highly-enriched uranium naval fuel
cycles under the President's proposal for a global cutoff in
the production of fissile material or outside of safeguards.
(5) An assessment of the potential Federal budget savings
that would result from such use.
SEC. 1054. SENSE OF CONGRESS CONCERNING NUCLEAR
NONPROLIFERATION TREATY REVIEW CONFERENCE.
(a) Findings.--Congress makes the following findings:
(1) The Treaty on the Non-Proliferation of Nuclear
Weapons, signed at Washington, D.C., London, and Moscow on
July 1, 1968, is the centerpiece of global efforts to prevent
the spread of nuclear weapons.
(2) The United States has demonstrated longstanding
support for that treaty and related efforts to prevent the
spread of nuclear weapons.
(3) President Clinton has declared that preventing the
spread of nuclear weapons is one of the highest priorities of
his Administration.
(4) In April 1995, the parties to the Treaty on the Non-
Proliferation of Nuclear Weapons will convene a Review
Conference in New York City to discuss the indefinite
extension of the treaty.
(5) The policy of the President is to seek at the Review
Conference the indefinite and unconditional extension of that
treaty.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the President has the full support of Congress in
seeking the indefinite and unconditional extension of the
Treaty on the Non-Proliferation of Nuclear Weapons;
(2) the President should as soon as possible fill those
positions at the United States
[[Page 1030]]
Arms Control and Disarmament Agency and other departments and
agencies with responsibility for nonproliferation and the
1995 Review Conference for the Treaty on the Non-
Proliferation of Nuclear Weapons;
(3) the President, when formulating and implementing other
elements of nonproliferation policy of the United States
(including United States counter proliferation doctrine, the
nuclear Posture Review, and nuclear testing policy), should
take into account the objectives of the United States at the
1995 Review Conference for the Treaty on the Non-
Proliferation of Nuclear Weapons; and
(4) the President and the President's senior national
security advisers should dedicate themselves to ensuring the
indefinite and unconditional extension of the Treaty on the
Non-Proliferation of Nuclear Weapons at the 1995 Review
Conference for that treaty.
SEC. 1055. ASSISTANCE FOR PUBLIC PARTICIPATION IN DEFENSE
ENVIRONMENTAL RESTORATION ACTIVITIES.
(a) Establishment of Restoration Advisory Boards.--Section
2705 of title 10, United States Code, is amended by adding
after subsection (c) the following new subsection:
``(d) Restoration Advisory Board.--In lieu of establishing
a technical review committee under subsection (c), the
Secretary may permit the establishment of a restoration
advisory board in connection with any installation (or group
of nearby installations) where the Secretary is planning or
implementing environmental remediation activities. The
Secretary shall prescribe regulations regarding the duties,
composition, and establishment of, and the payment of routine
administrative expenses of, restoration advisory boards to be
established pursuant to this subsection.''.
(b) Assistance for Citizen Participation on Technical
Review Boards and Restoration Advisory Boards.--Such section
is further amended by adding after subsection (d) (as added
by subsection (a)) the following new subsection:
``(e) Assistance for Citizen Participation.--(1) Using such
amounts as may be made available under paragraph (3), and
pursuant to regulations prescribed by the Secretary for this
purpose, the Secretary shall provide funds to facilitate the
participation of private individuals on technical review
committees and restoration advisory boards for the purpose of
ensuring public input into the planning and implementation of
environmental remediation activities at installations where
such committees and boards are in operation.
``(2) Funds provided under this subsection may be used
only--
``(A) to obtain technical assistance in interpreting
scientific and engineering issues with regard to the nature
of environmental hazards at an installation and the remedial
activities proposed or conducted at the installation; and
``(B) to assist such members and affected citizens to more
effectively participate in the environmental restoration
process at the installation.
``(3) To provide funds under this subsection for a fiscal
year, there shall be available an amount up to \1/4\ of one
percent of the appropriated funds (but not to exceed
$7,500,000 for fiscal year 1995) available to the Secretary
for that year for environmental restoration through--
``(A) the Defense Environmental Restoration Account; and
``(B) with respect to defense facilities to be closed or
realigned, the Department of Defense Base Closure Account
1990.''.
(c) Involvement of Committees and Boards in Defense
Environmental Restoration Program.--Such section is further
amended by adding after subsection (e) (as
added by subsection (b)) the following new subsection:
``(f) Involvement in Defense Environmental Restoration
Program.--Consistent with regulations prescribed by the
Secretary, the Secretary shall consult with, and seek the
advice of, the technical review committee or restoration
advisory board established for an installation (if any) on
the following issues:
``(1) Identifying environmental remediation activities and
projects at the installation.
``(2) Tracking progress on these activities and projects.
``(3) Collecting information regarding remediation
priorities for the installation.
``(4) Addressing land use, level of remediation, acceptable
risk, and waste management and technology development issues
related to remediation at the installation.
``(5) Developing remediation strategies.''.
(d) Report on Effect of Implementation.--Not later than
December 1, 1994, the Secretary of Defense shall submit a
report to Congress describing the manner in which the
Secretary will implement the amendments made by this section.
The report shall include--
(1) an estimate of the total amount of funds to be provided
to technical review committees and restoration advisory
boards under subsection (e) of section 2705 of title 10,
United States Code (as added by subsection (b)), during the
five-fiscal year period beginning on October 1, 1994, and the
cost to be incurred by the Secretary during such period to
carry out such amendments;
(2) an analysis of whether the establishment of restoration
advisory boards under subsection (d) of such section (as
added by subsection (a)) could delay or disrupt defense
environmental restoration activities; and
(3) an analysis of whether the funding mechanism provided
in subsection (e)(3) of such section (as added by subsection
(b)) could result in funding shortfalls for defense
environmental restoration activities.
(e) Condition on Implementation.--Until the Secretary of
Defense submits the report required by subsection (d), the
Secretary may not obligate or expend any of the funds made
available under subsection (e)(3) of section 2705 of title
10, United States Code (as added by subsection (b)) to
provide funds to technical review committees and restoration
advisory boards.
(f) Time for Regulations.--Not later than March 1, 1995,
the Secretary of Defense shall prescribe the regulations
required by the amendments made by this section.
SEC. 1056. AUTHORIZATION TO EXCHANGE CERTAIN ITEMS FOR
TRANSPORTATION SERVICES.
Paragraph (1) of section 2572(b) of title 10, United States
Code, is amended by inserting ``transportation,'' after
``salvage,''.
SEC. 1057. AUTHORIZATION FOR INDUSTRIAL FACILITIES OF THE
ARMED FORCES TO SELL ARTICLES AND SERVICES TO
PERSONS OUTSIDE DEPARTMENT OF DEFENSE.
(a) Army Sales Authority.--(1) Section 4543 of title 10,
United States Code, is amended to read as follows:
``Sec. 4543. Army industrial facilities: sales of
manufactured articles or services outside Department of
Defense
``(a) Authority To Sell Outside DOD.--(1) Subject to
paragraph (2), the Secretary of the Army may sell to eligible
persons outside the Department of Defense articles and
services produced by a working-capital funded Army industrial
facility, including a Department of the Army arsenal.
``(2) The Secretary may not exercise the authority provided
by this section until after the Secretary certifies to
Congress that a cost accounting system has been developed--
``(A) to keep track of the costs associated with making
sales of articles and services under this section; and
``(B) to ensure that expenditures made and revenues
generated in such sales are not intermingled with funds
authorized and appropriated for the military mission of the
industrial facilities involved.
``(b) Eligible Purchasers.--Under such regulations as the
Secretary may prescribe, the following persons shall be
eligible to purchase articles and services under this
section:
``(1) State and local governments.
``(2) Citizens of the United States and persons lawfully
admitted for permanent residence in the United States.
``(3) Business entities that conduct a significant level of
their research, development, engineering, and manufacturing
activities in the United States and the majority ownership or
control of which is by United States citizens.
``(c) Conditions on Sales.--The Secretary may make a sale
under this section only if--
``(1) the purchaser agrees to hold harmless and indemnify
the United States, except in cases of willful conduct or
extreme negligence, from any claim for damages or injury to
any person or property arising out of the articles or
services purchased;
``(2) the Secretary determines that the requested articles
or services can be substantially performed by the Army
industrial facility concerned with only incidental
subcontracting and that performance is in the public
interest;
``(3) the Secretary determines that the sale of the
requested articles or services will not interfere with the
military mission of the Army industrial facility concerned;
and
``(4) the sale of the goods and services is made on the
basis that it will not interfere with performance of work by
the Army industrial facility concerned for the Department of
Defense.
``(d) Methods of Sale.--(1) The Secretary shall permit a
purchaser of articles or services under this section to use
advance incremental funding to pay for the articles or
services.
``(2) In the sale of articles and services under this
section, the Secretary shall--
``(A) charge the purchaser, at a minimum, the variable
costs, capital improvement costs, and equipment depreciation
costs that are associated with the articles or services sold;
``(B) enter into a firm, fixed-price contract or, if agreed
by the purchaser, a cost reimbursement contract for the sale;
and
``(C) develop and maintain (from sources other than
appropriated funds) working capital to be available for
paying design costs, planning costs, procurement costs, and
other costs associated with the articles or services sold.
``(e) Deposit of Proceeds.--Proceeds from sales of articles
and services under this section shall be deposited into the
Defense Business Operations Fund.
``(f) Relationship to Arms Export Control Act.--Nothing in
this section shall be construed to affect the application of
the export controls provided for in section 38 of the Arms
Export Control Act (22 U.S.C. 2778) to items which
incorporate or are produced through the use of an article
sold under this section.
``(g) Definitions.--In this section:
``(1) the term `advance incremental funding', with respect
to a sale of articles of services, means a series of partial
payments for the articles or services that includes--
``(A) one or more partial payments before the commencement
of work or the incurring of costs in connection with the
production of the articles or the performance of the
services, as the case may be; and
[[Page 1031]]
``(B) subsequent progress payments that result in full
payment being completed as the required work is being
completed.
``(2) The term `variable costs', with respect to sales of
articles or services, means the costs that are expected to
fluctuate directly with the volume of sales and--
``(A) in the case of articles, the volume of production
necessary to satisfy the sales orders; or
``(B) in the case of services, the extent of the services
sold.''.
(2) Section 2208(i) of such title is amended by striking
out ``that manufactures large caliber cannons, gun mounts,
recoil mechanisms, ammunition, munitions, or components
thereof''.
(b) Navy Sales Authority.--(1) Chapter 645 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 7525. Navy industrial facilities: sales of
manufactured articles or services outside Department of
Defense
``(a) Authority To Sell Outside DOD.--(1) Subject to
paragraph (2) the Secretary of the Navy may sell to eligible
persons outside the Department of Defense articles and
services produced by a working-capital funded Navy industrial
facility.
``(2) The Secretary may not exercise the authority provided
by this section until after the Secretary certifies to
Congress that a cost accounting system has been developed--
``(A) to keep track of the costs associated with making
sales of articles and services under this section; and
``(B) to ensure that expenditures made and revenues
generated in such sales are not intermingled with funds
authorized and appropriated for the military mission of the
industrial facilities involved.
``(b) Eligible Purchasers.--Under such regulations as the
Secretary may prescribed, the following persons shall be
eligible to purchase articles and services under this
section:
``(1) State and local governments.
``(2) Citizens of the United States and persons lawfully
admitted for permanent residence in the United States.
``(3) Business entities that conduct a significant level of
their research, development, engineering, and manufacturing
activities in the United States and the majority ownership or
control of which is by United States citizens.
``(c) Conditions on Sales.--The Secretary may make a sale
under this section only if--
``(1) the purchaser agrees to hold harmless and indemnify
the United States, except in cases of willful conduct or
extreme negligence, from any claim for damages or injury to
any person or property arising out of the articles or
services purchased;
``(2) the Secretary determines that the requested articles
or services can be substantially performed by the Navy
industrial facility concerned with only incidental
subcontracting and that performance is in the public
interest;
``(3) the Secretary determines that the sale of the
requested articles or services will not interfere with the
military mission of the Navy industrial facility concerned;
and
``(4) the sale of the goods and services is made on the
basis that it will not interfere with performance of work by
the Navy industrial facility concerned for the Department of
Defense.
``(d) Methods of Sale.--(1) The Secretary shall permit a
purchaser of articles or services under this section to use
advance incremental funding to pay for the articles or
services.
``(2) In the sale of articles and services under this
section, the Secretary shall--
``(A) charge the purchaser, at a minimum, the variable
costs, capital improvement costs, and equipment depreciation
costs that are associated with the articles or services sold;
``(B) enter into a firm, fixed-price contract or, if agreed
by the purchaser, a cost reimbursement contract for the sale;
and
``(C) development and maintain (from sources other than
appropriated funds) working capital to be available for
paying design costs, planning costs, procurement costs, and
other costs associated with the articles or sevices sold.
``(e) Deposit of Proceeds.--Proceeds from sales of articles
and services under this section shall be deposited into the
Defense Business Operations Fund.
``(f) Relationship to Arms Export Control Act.--Nothing in
this section shall be construed to affect the application of
the export controls provided for in section 38 of the Arms
Export Control Act (22 U.S.C. 2778) to items which
incorporate or are produced through the use of an article
sold under this section.
``(g) Definitions.--In this section:
``(1) The term `advance incremental funding', with respect
to a sale of articles or services, means a series of partial
payments for the articles or services that includes--
``(A) one or more partial payments before the commencement
of work or the incurring of costs in connection with the
production of the articles or the performance of the
services, as the case may be; and
``(B) subsequent progress payments that result in full
payment being completed as the required work is being
completed.
``(2) The term `variable costs', with respect to sales of
articles or services, means the costs that are expected to
fluctuate directly with the volume of sales and--
``(A) in the case of articles, the volume of production
necessary to satisfy the sales orders; or
``(B) in the case of services, the extent of the services
sold.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``7525. Navy industrial facilities: sales of manufactured articles or
services outside Department of Defense.''.
(c) Air Force Sales Authority.--(1) Chapter 933 of title
10, United States Code, is amended by adding at the end the
following new section:
``Sec. 9541. Air Force industrial facilities: sales of
manufactured articles or services outside Department of
Defense
``(a) Authority To Sell Outside DOD.--Subject to paragraph
(2), the Secretary of the Air Force may sell to eligible
persons outside the Department of Defense articles and
services produced by a working-capital funded Air Force
industrial facility.
``(2) The Secretary may not exercise the authority provided
by this section until after the Secretary certifies to
Congress that a cost accounting system has been developed--
``(A) to keep track of the costs associated with making
sales of articles and services under this section; and
``(B) to ensure that expenditures made and revenues
generated in such sales are not intermingled with funds
authorized and appropriated for the military mission of the
industrial facilities involved.
``(b) Eligible Purchasers.--Under such regulations as the
Secretary may prescribe, the following persons shall be
eligible to purchase articles and services under this
section:
``(1) State and local governments.
``(2) Citizens of the United States and persons lawfully
admitted for permanent residence in the United States.
``(3) Business entities that conduct a significant level of
their research, development, engineering, and manufacturing
activities in the United States and the majority ownership or
control of which is by United States citizens.
``(c) Conditions on Sales.--The Secretary may make a sale
under this section only if--
``(1) the purchaser agrees to hold harmless and indemnify
the United States, except in cases of willful conduct or
extreme negligence, from any claim for damages or injury to
any person or property arising out of the articles or
services purchased;
``(2) the Secretary determines that the requested articles
or services can be substantially performed by the Air Force
industrial facility concerned with only incidental
subcontracting and that performance is in the public
interest;
``(3) the Secretary determines that the sale of the
requested articles or services will not interfere with the
military mission of the Air Force industrial facility
concerned; and
``(4) the sale of the goods and services is made on the
basis that it will not interfere with performance of work by
the Air Force industrial facility concerned for the
Department of Defense.
``(d) Methods of Sale.--(1) The Secretary shall permit a
purchaser of articles or services under this section to use
advance incremental funding to pay for the articles or
services.
``(2) In the sale of articles and services under this
section, the Secretary shall--
``(A) charge the purchaser, at a minimum, the variable
costs, capital improvement costs, and equipment depreciation
costs that are associated with the articles or services sold;
``(B) enter into a firm, fixed-price contract or, if agreed
by the purchaser, a cost reimbursement contract for the sale;
and
``(C) develop and maintain (from sources other than
appropriated funds) working capital to be available for
paying design costs, planning costs, procurement costs, and
other costs associated with the articles or services sold.
``(e) Deposit of Proceeds.--Proceeds from sales of articles
and services under this section shall be deposited into the
Defense Business Operations Fund.
``(f) Relationship to Arms Export Control Act.--Nothing in
this section shall be construed to affect the application of
the export controls provided for in section 38 of the Arms
Export Control Act (22 U.S.C. 2778) to items which
incorporate or are produced through the use of an article
sold under this section.
``(g) Definitions.--In this section:
``(1) The term `advance incremental funding', with respect
to a sale of articles or services, means a series of partial
payments for the articles or services that includes--
``(A) one or more partial payments before the commencement
of work or the incurring of costs in connection with the
production of the articles or the performance of the
services, as the case may be; and
``(B) subsequent progress payments that result in full
payment being completed as the required work is being
completed.
``(2) The term `variable costs', with respect to sales of
articles or services, means the costs that are expected to
fluctuate directly with the volume of sales and--
``(A) in the case of articles, the volume of production
necessary to satisfy the sales orders; or
``(B) in the case of services, the extent of the services
sold.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
[[Page 1032]]
``9541. Air Force industrial facilities: sales of manufactured articles
or services outside Department of Defense.''.
(d) Control Effect of Sales Authority on Base Closure
Process.--Section 2903 of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) is amended--
(1) in subsection (c)(2)--
(A) by inserting after the first sentence the following new
sentence: ``The Secretary shall also include a certification
that the authorities provided in sections 4543, 7525, and
9541 of title 10, United States Code, for the sale outside
the Department of Defense of articles and services produced
by working-capital funded industrial facilities (and any
sales, workloads, revenues, or other information resulting
from the use or availability of such authorities) were not
considered in preparing the list of recommendations referred
to in paragraph (1).''; and
(B) by striking out ``preceding sentence'' and inserting in
lieu thereof ``preceding sentences''; and
(2) in subsection (d)(3), by inserting after the first
sentence the following new sentence: ``The Commission shall
also include in its report a certification that the
authorities provided in sections 4543, 7525, and 9541 of
title 10, United States Code, for the sale outside the
Department of Defense of articles and services produced by
working-capital funded industrial facilities (and any sales,
workloads, revenues, or other information resulting from the
use or availability of such authorities) were not considered
in making its recommendations for closures and realignments
of military installations.''.
(e) Effective Date.--The amendments made by subsections
(a), (b), and (c) shall take effect on June 1, 1995.
SEC. 1058. SENSE OF THE CONGRESS CONCERNING THE NORTH KOREAN
NUCLEAR WEAPONS DEVELOPMENT PROGRAM.
(a) Findings.--The Congress finds that--
(1) between 1950 and 1953, the United States led a military
coalition that successfully repelled an invasion of the
Republic of Korea by the Communist regime in North Korea, at
a cost of more than 54,000 American lives;
(2) the United States and the Republic of Korea ratified a
Mutual Security Treaty in 1954 that commits the United States
to helping the Republic of Korea defend itself against
external aggression;
(3) approximately 37,000 United States military personnel
are presently stationed in the Republic of Korea;
(4) the United States and the Republic of Korea have
conducted joint military exercises, code named ``Team
Spirit'', regularly since 1976;
(5) the Communist regime in North Korea has built up an
armed force nearly twice the size of that in the Republic of
Korea and has never renounced the active and ongoing use of
force, terrorism, and subversion in its attempts to subdue
and subjugate the Republic of Korea;
(6) although the North Korean regime signed the Treaty on
the Non-Proliferation of Nuclear Weapons in 1985, it has
never permitted the unfettered international inspection of
its nuclear facilities that is required of all signatories of
that Treaty;
(7) the Secretary of Defense has stated publicly that
efforts by the North Korean regime to develop enough
plutonium to permit the manufacture of 10 to 12 nuclear
weapons per year, and to develop the ballistic missile
capacity of delivering these and other weapons over a wide
area, represent a grave threat to the security of the Korean
peninsula and the entire world;
(8) the North Korean regime continues to resist efforts by
the United States to reduce tensions on the Korean peninsula;
(9) efforts in recent years by the United States to reduce
tensions on the Korean peninsula have included the withdrawal
of all nuclear weapons from the territory of the Republic of
Korea and a reduction in the number of United States military
personnel stationed there, the postponement of the 1994
``Team Spirit'' exercises, the establishment of direct
diplomatic contacts with the North Korean regime, and the
offer of expanded diplomatic and economic contacts with North
Korea;
(10) weapons-grade plutonium can be extracted from the fuel
rods in the type of nuclear facilities North Korea is known
to possess;
(11) international inspectors must be permitted to examine
all spent fuel rods removed from North Korea's principal
nuclear reactor at Yongbyon and to carry out tests necessary
to ensure compliance with the 1992 safeguards agreement; and
(12) the diplomatic impasse concerning the North Korean
nuclear program has clearly reached a critical juncture, the
unsatisfactory resolution of which would place the
international nonproliferation regime in jeopardy and
threaten the peace and security of the Korean peninsula, the
Northeast Asia region, and, by extension, the rest of the
world.
(b) Sense of the Congress.--It is the sense of the Congress
that--
(1) the North Korean regime should take an initial step
toward cooperation with the international nonproliferation
regime by permitting the unfettered international inspection
of the removal and eventual disposal of all spent fuel rods
from the Yongbyon nuclear complex, followed by a
comprehensive inspection process as required by the Treaty on
the Non-Proliferation of Nuclear Weapons:
(2) an unsatisfactory resolution of the inspection
controversy at Yongbyon that allows for anything less than
unfettered international inspection of facilities in that
complex should prompt the Government of the United States to
take such action as would indicate the severity with which it
views this provocation against international norms; and
(3) such action should include, but not necessarily be
limited to, the seeking of international sanctions against
the North Korean regime and the rescheduling of the ``Team
Spirit'' exercises for 1994.
SEC. 1059. CONGRESSIONAL ACTION ON NEGOTIATION OF LIMITATIONS
ON NUCLEAR WEAPONS TESTING.
(a) Findings.--The Congress finds the following:
(1) On January 25, 1994, the United States joined with 37
other nations to begin negotiations for a comprehensive
treaty to ban permanently all nuclear weapons testing.
(2) On March 14, 1994, the President decided to extend the
current United States nuclear testing moratorium at least
through September 1995.
(3) The United States is seeking to extend indefinitely the
Non-Proliferation Treaty at the April 1995 NPT Extension
Conference.
(4) Conclusion of a comprehensive test ban treaty could
contribute toward successful negotiations to extend the Non-
Proliferation Treaty.
(5) Agreements to eliminate nuclear testing and control the
spread of nuclear weapons could contribute to the national
security of the United States, its allies, and other nations
around the world.
(b) Congressional Action.--In view of the findings set
forth in subsection (a), the Congress--
(1) applauds the President for maintaining the United
States nuclear testing moratorium and for taking a leadership
role toward negotiation of a comprehensive test ban treaty;
(2) encourages all nuclear powers to refrain from
conducting nuclear explosions, prior to conclusion of a
comprehensive test ban treaty; and
(3) urges the Conference on Disarmament to make all
possible progress toward a comprehensive test ban treaty by
the end of 1994.
SEC. 1060. SENSE OF CONGRESS AND REPORT ON READINESS OF
MILITARY FORCES OF THE REPUBLIC OF KOREA.
(a) Findings.--The Congress finds the following:
(1) Under existing treaties and security arrangements
between the United States and the Republic of Korea,
responsibility for the defense of the territory of the
Republic of Korea is allocated so that the Republic of Korea
has primary responsibility for the ground defense of its
territory and the United States has primary responsibility
for air and sea defense of the Korean peninsula and for
reinforcement.
(2) The Force Improvement Program of the Republic of Korea
has not addressed critical shortfalls in its ground force
capability which continue to exist even though the Republic
of Korea spends approximately $12,000,000,000 annually on
defense while the Democratic People's Republic of Korea
spends approximately $4,000,000,000 annually on defense. The
Republic of Korea has diverted substantial defense resources
to procuring submarines, destroyers, advanced aircraft, and
other military systems that are marginal to its primary
ground defense responsibility.
(3) The defense acquisition decisions of the Republic of
Korea have had the effect of not allowing the Republic of
Korea to attain self-sufficiency in its ground defense
responsibility. As a result, there exists an undue burden on
the United States for the ground defense of the Korean
peninsula.
(4) The lack of intelligence capability to forecast the
military intentions of the Democratic People's Republic of
Korea represents a major deficiency of the combined United
States-Republic of Korea military force.
(5) A short-warning attack by the Democratic People's
Republic of Korea would cause major losses to the combined
United States-Republic of Korea ground force.
(b) Sense of Congress.--It is the sense of the Congress
that the President should urge the Republic of Korea to
improve its military ground forces with emphasis on
counterartillery capabilities, defense against ballistic
missiles and weapons of mass destruction, combined United
States-Republic of Korea logistics capabilities, combined
United States-Republic of Korea medical support, and combined
United States-Republic of Korea strategic and tactical
intelligence capabilities.
(c) Report.--Not later than December 1, 1994, the Secretary
of Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report, in
classified form, on--
(1) the readiness of the military forces of the Republic of
Korea to defeat an attack by the military forces of the
Democratic People's Republic of Korea; and
(2) the adequacy of the defense acquisition strategy of the
Republic of Korea to meet its primary ground defense mission.
TITLE XI--DEFENSE CONVERSION, REINVESTMENT, AND TRANSITION ASSISTANCE
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Defense Conversion,
Reinvestment, and Transition Assistance Amendments of 1994''.
[[Page 1033]]
SEC. 1102. FUNDING OF DEFENSE CONVERSION, REINVESTMENT, AND
TRANSITION ASSISTANCE PROGRAMS FOR FISCAL YEAR
1995.
(a) Funding.--Of the amounts authorized to be appropriated
pursuant to this Act for the Department of Defense for fiscal
year 1995, the sum of $3,256,400,000 shall be available from
the sources specified in subsection (b) for defense
conversion, reinvestment, and transition assistance programs.
(b) Sources of Funds.--The amount set forth in subsection
(a) shall be derived from the following sources in amounts as
follows:
(1) $15,000,000 of the amounts authorized to be
appropriated pursuant to title I.
(2) $2,375,000,000 of the amounts authorized to be
appropriated pursuant to title II.
(3) $866,400,000 of the amounts authorized to be
appropriated pursuant to title III.
(c) Definition.--For purposes of this section, the term
``defense conversion, reinvestment, and transition assistance
programs'' includes the following programs and activities of
the Department of Defense:
(1) The programs and activities authorized by the Defense
Conversion, Reinvestment, and Transition Assistance Act of
1992 (division D of Public Law 102-484; 106 Stat. 2658) and
the amendments made by that Act.
(2) The programs and activities authorized by the Defense
Conversion, Reinvestment, and Transition Assistance
Amendments of 1993 (title XIII of Public Law 103-160; 107
Stat. 1783) and the amendments made by that Act.
(3) The programs and activities authorized by this title
and the amendments made by this title.
Subtitle A--Defense Technology and Industrial Base, Defense
Reinvestment, and Defense Conversion
SEC. 1111. FUNDING OF DEFENSE TECHNOLOGY REINVESTMENT
PROGRAMS FOR FISCAL YEAR 1995.
(a) Funds Available.--Of the amount authorized to be
appropriated under section 201 for Defense-wide activities
and specified in section 1102(b) as a source of funds for
defense conversion, reinvestment, and transition assistance
programs, $771,600,000 shall be available for activities
described in the defense reinvestment program element of the
budget of the Department of Defense for fiscal year 1995.
(b) Allocation of Funds.--The funds made available under
subsection (a) shall be allocated as follows:
(1) $295,600,000 shall be available for defense dual-use
critical technology partnerships under section 2511 of title
10, United States Code.
(2) $80,000,000 shall be available for commercial-military
integration partnerships under section 2512 of such title.
(3) $80,000,000 shall be available for defense regional
technology alliances under section 2513 of such title.
(4) $30,000,000 shall be available for defense advanced
manufacturing technology partnerships under section 2522 of
such title.
(5) $45,000,000 shall be available for support of
manufacturing extension programs under section 2523 of such
title.
(6) $65,000,000 shall be available for the defense dual-use
extension program under section 2524 of such title, of
which--
(A) $15,000,000 shall be used for assistance pursuant to
subsection (c)(3) of such section; and
(B) $50,000,000 shall be available to cover the costs (as
defined in section 502(5) of the Federal Credit Reform Act of
1990 (2 U.S.C. 661a(5))) of loan guarantees issued pursuant
to subsection (b)(3) of such section.
(7) $24,000,000 shall be available for defense
manufacturing engineering education grants under section 2196
of such title.
(8) $30,000,000 shall be available for the advanced
materials synthesis and processing partnership program.
(9) $35,000,000 shall be available for the agile
manufacturing/enterprise integration program.
(10) $50,000,000 shall be available for the maritime
technology program, as provided for in section 1352(c)(2) of
the National Shipbuilding and Shipyard Conversion Act of 1993
(subtitle D of title XIII of Public Law 103-160; 10 U.S.C.
2501 note).
(11) $37,000,000 shall be available to the Secretary of
Defense to support the activities of the Department of
Defense and Department of Justice Dual-Use Technology
Research and Development Center.
(c) Availability of Funds for Fiscal Year 1994 Technology
Reinvestment Projects.--Funds allocated under paragraphs (1)
through (7) of subsection (b) to the defense reinvestment
programs described in such paragraphs may also be used to
make awards to technology reinvestment projects that were
solicited under such programs in fiscal year 1994.
SEC. 1112. CLARIFICATION OF ELIGIBLE NON-DEPARTMENT OF
DEFENSE PARTICIPANTS IN TECHNOLOGY REINVESTMENT
PROJECTS.
(a) Definition of Eligible Entities.--Section 2491 of title
10, United States Code, is amended--
(1) by redesignating paragraphs (9) through (15) as
paragraphs (10) through (16), respectively; and
(2) by inserting after paragraph (8) the following new
paragraph:
``(9) The term `eligible entity' means an eligible firm or
a labor organization (as defined in section 2(5) of the
National Labor Relations Act (29 U.S.C. 152(5))).''.
(b) Conforming Amendments.--(1) Section 2511 of title 10,
United States Code, is amended--
(A) in subsection (b)--
(i) by striking out ``eligible firms'' both places it
appears and inserting in lieu thereof ``eligible entities'';
and
(ii) by striking out ``such firms'' and inserting in lieu
thereof ``such eligible entities''; and
(B) in subsection (f)(6), by striking out ``eligible
firms'' and inserting in lieu thereof ``eligible entities''.
(2) Section 2512 of such title is amended--
(A) in subsection (a)--
(i) by striking out ``eligible firms'' and inserting in
lieu thereof ``eligible entities''; and
(ii) by striking out ``such firms'' and inserting in lieu
thereof ``such eligible entities''; and
(B) in subsection (e)(6), by striking out ``eligible
firms'' and inserting in lieu thereof ``eligible entities''.
(3) Section 2513 of such title is amended--
(A) in subsection (c)(1)(A)(i), by inserting before the
semicolon the following: ``or other eligible entities
operating in such region'';
(B) in subsection (e), by striking out ``eligible firms''
both places it appears and inserting in lieu thereof
``eligible entities''; and
(C) in subsection (f)--
(i) by striking out ``eligible firms'' and inserting in
lieu thereof ``eligible entities''; and
(ii) by striking out ``such firms'' and inserting in lieu
thereof ``such eligible entities''.
(4) Section 2522(b) of such title is amended--
(A) by striking out ``eligible firms'' both places it
appears and inserting in lieu thereof ``eligible entities'';
and
(B) by striking out ``such firms'' and inserting in lieu
thereof ``such eligible entities''.
SEC. 1113. ADDITIONAL CRITERIA FOR LOAN GUARANTEES UNDER THE
DEFENSE DUAL-USE ASSISTANCE EXTENSION PROGRAM.
Section 2524(f) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (10) as paragraph (11); and
(2) by inserting after paragraph (9) the following new
paragraph:
``(10) In the case of loan guarantees under subsection
(b)(3), the extent to which the loans to be guaranteed would
support the retention of defense workers whose employment
would otherwise be permanently or temporarily terminated as a
result of reductions in expenditures by the United States for
defense, the termination or cancellation of a defense
contract, the failure to proceed with an approved major
weapon system, the merger or consolidation of the operations
of a defense contractor, or the closure or realignment of a
military installation.''.
SEC. 1114. FINANCIAL COMMITMENT REQUIREMENTS FOR SMALL
BUSINESS CONCERNS FOR PARTICIPATION IN
TECHNOLOGY REINVESTMENT PROJECTS.
(a) Defense Dual-Use Critical Technology Partnerships.--
Section 2511(c) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(3) The Secretary shall consider a partnership proposal
submitted by a small business concern without regard to the
ability of the small business concern to immediately meet its
share of the anticipated partnership costs. Upon the
selection of a partnership proposal submitted by a small
business concern, the Secretary shall extend to the small
business concern a period of not less than 90 days within
which to arrange to meet its financial commitment
requirements under the partnership from sources other than a
person of a foreign country. If the Secretary determines upon
the expiration of that period that the small business concern
will be unable to meet its share of the anticipated
partnership costs, the Secretary may revoke the selection of
the partnership proposal submitted by the small business
concern.''.
(b) Commercial-Military Integration Partnerships.--Section
2512(c)(3) of such title is amended by adding at the end the
following new subparagraph:
``(C) The Secretary shall consider a partnership proposal
submitted by a small business concern without regard to the
ability of the small business concern to immediately meet its
share of the anticipated partnership costs. Upon the
selection of a partnership proposal submitted by a small
business concern, the Secretary shall extend to the small
business concern a period of not less than 90 days within
which to arrange to meet its financial commitment
requirements under the partnership from sources other than a
person of a foreign country. If the Secretary determines upon
the expiration of that period that the small business concern
will be unable to meet its share of the anticipated
partnership costs, the Secretary may revoke the selection of
the partnership proposal submitted by the small business
concern.''.
(c) Regional Technology Alliances Assistance Program.--
Section 2513(e) of such title is amended by adding at the end
the following new paragraph:
``(4) The Secretary shall consider a proposal for a
regional technology alliance that is submitted by a small
business concern without regard to the ability of the small
business concern to immediately meet its share of the
anticipated costs of the alliance. Upon the selection of a
proposal submitted by a small business concern, the Secretary
shall extend to the small business concern a period of not
less than 90 days within which
[[Page 1034]]
to arrange to meet its financial commitment requirements
under the regional technology alliance from sources other
than a person of a foreign country. If the Secretary
determines upon the expiration of that period that the small
business concern will be unable to meet its share of the
anticipated costs, the Secretary may revoke the selection of
the proposal submitted by the small business concern.''.
(d) Manufacturing Extension Programs.--Section 2523(b)(3)
of such title is amended by adding at the end the following
new subparagraph:
``(E) The Secretary shall consider a proposal for a
manufacturing extension program that is submitted by a small
business concern without regard to the ability of the small
business concern to immediately meet its share of the
anticipated costs of the program. Upon the selection of a
proposal submitted by a small business concern, the Secretary
shall extend to the small business concern a period of not
less than 90 days within which to arrange to meet its
financial commitment requirements under the manufacturing
extension program from sources other than a person of a
foreign country. If the Secretary determines upon the
expiration of that period that the small business concern
will be unable to meet its share of the anticipated costs,
the Secretary may revoke the selection of the partnership
proposal submitted by the small business concern.''.
(e) Defense Dual-Use Assistance Extension Program.--Section
2524(d) of such title is amended by adding at the end the
following new paragraph:
``(3) The Secretary shall consider a program proposal
submitted by a small business concern without regard to the
ability of the small business concern to immediately meet its
share of the anticipated partnership costs. Upon the
selection of a proposal submitted by a small business
concern, the Secretary shall extend to the small business
concern a period of not less than 90 days within which to
arrange to meet its financial commitment requirements under
the program from sources other than a person of a foreign
country. If the Secretary determines upon the expiration of
that period that the small business concern will be unable to
meet its share of the anticipated program costs, the
Secretary may revoke the selection of the program proposal
submitted by the small business concern.''.
(f) Definition of Person of a Foreign Country.--Section
2491 of such title, as amended by section 1112(a) of this
Act, is further amended by adding at the end the following
new paragraph:
``(17) The term `person of a foreign country' has the
meaning given such term in section 3502(d) of the Primary
Dealers Act of 1988 (22 U.S.C. 5342(d)).''.
SEC. 1115. CONDITIONS ON FUNDING OF DEFENSE TECHNOLOGY
REINVESTMENT PROJECTS.
(a) Benefits to United States Economy.--In providing for
the establishment or financial support of partnerships and
other cooperative arrangements under chapter 148 of title 10,
United States Code, using funds made available under section
1111(a), the Secretary of Defense shall ensure that the
principal economic benefits of, and the job creation
resulting from, such arrangements accrue to the economy of
the United States.
(b) Use of Competitive Selection Procedures.--Funds made
available under subsection (a) of section 1111 for defense
reinvestment programs described in subsection (b) of such
section shall only be provided to projects selected using
competitive procedures pursuant to a solicitation
incorporating cost-sharing requirements for the non-
Federal Government participants in the projects.
Subtitle B--Community Adjustment and Assistance Programs
SEC. 1121. FUNDS FOR ADJUSTMENT AND DIVERSIFICATION
ASSISTANCE FOR STATES AND LOCAL GOVERNMENTS
FROM OFFICE OF ECONOMIC ADJUSTMENT.
Of the amount made available pursuant to section 1102(a),
$54,100,000 shall be available to provide community
adjustment and economic diversification assistance under
section 2391(b) of title 10, United States Code.
SEC. 1122. STUDIES AND PLANS FOR MARKET DIVERSIFICATION.
(a) Form of Community Adjustment and Economic
Diversification.--Section 2391(d) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(3) The terms `community adjustment' and `economic
diversification' include the development of feasibility
studies and business plans for market diversification by
businesses and labor organizations located in a community
adversely affected by an action described in clause (A), (B),
(C), or (E) of subsection (b)(1).''.
(b) Funding for Fiscal Year 1995.--Of the amount made
available under section 1121, $10,000,000 shall be available
only to provide community adjustment and economic
diversification assistance under section 2391(b) of title 10,
United States Code, for the purpose of developing feasibility
studies and business plans for market diversification by
businesses and labor organizations located in communities
adversely affected by an action described in clause (A), (B),
(C), or (E) of paragraph (1) of such section. The funds
provided to a particular State or local government under this
subsection in fiscal year 1995 may not exceed $50,000.
SEC. 1123. ADVANCE COMMUNITY ADJUSTMENT AND ECONOMIC
DIVERSIFICATION PLANNING.
(a) Assistance Authorized.--Section 2391(b) of title 10,
United States Code, is amended--
(1) by redesignating paragraphs (5), (6), and (7) as
paragraphs (6), (7), and (8), respectively; and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) The Secretary of Defense may also make grants,
conclude cooperative agreements, and supplement other Federal
funds in order to assist a State or local government in
planning community adjustments and economic diversification
even though the State or local government is not currently
eligible for assistance under paragraph (1) if the Secretary
determines that a substantial portion of the economic
activity or population of the geographic area to be subject
to the advance planning is dependent on defense
expenditures.''.
(b) Conforming Amendments.--Paragraph (8) of such section,
as redesignated by subsection (a)(1), is amended by striking
out ``paragraph (6)'' both places it appears and inserting in
lieu thereof ``paragraph (7)''.
(c) Funding for Fiscal Year 1995.--Of the amount made
available under section 1121, $5,000,000 shall be available
only to provide advance adjustment planning under paragraph
(5) of section 2391(b) of title 10, United States Code, as
added by subsection (a)(2). The funds provided to a
particular State or local government under such paragraph in
fiscal year 1995 may not exceed $1,000,000.
Subtitle C--Personnel Adjustment, Education, and Training Programs
SEC. 1131. CONTINUATION OF TEACHER AND TEACHER'S AIDE
PLACEMENT PROGRAMS.
Of the amount made available pursuant to section 1102(a),
$65,000,000 shall be available for the teacher and teacher's
aide placement programs authorized by sections 1151, 1598,
and 2410j of title 10, United States Code.
SEC. 1132. PROGRAMS TO PLACE SEPARATED MEMBERS AND TERMINATED
DEFENSE EMPLOYEES IN EMPLOYMENT POSITIONS AS
PUBLIC SAFETY OFFICERS.
(a) Separated Members.--Section 1152 of title 10, United
States Code, is amended--
(1) in subsection (a)--
(A) by striking out ``law enforcement officers'' and
inserting in lieu thereof ``public safety officers''; and
(B) by inserting ``or fire departments'' after
``agencies'';
(2) in subsection (b)(1)(B), by inserting ``or fire
fighting,'' after ``police)'';
(3) in subsection (d)(1)--
(A) by striking out ``law enforcement officers'' and
inserting in lieu thereof ``public safety officers'';
(B) by inserting ``and fire departments'' after ``law
enforcement agencies'';
(C) by striking out ``with these agencies''; and
(D) by striking out ``a law enforcement agency'' and
inserting in lieu thereof ``the agency or department'';
(4) in subsection (d)(2)--
(A) by striking out ``law enforcement officer'' and
inserting in lieu thereof ``public safety officer'';
(B) by inserting ``or fire department'' after ``law
enforcement agency'' the first place it appears; and
(C) by striking out ``law enforcement agency'' the second
place it appears and inserting in lieu thereof ``agency or
department'';
(5) in subsection (d)(4)--
(A) by inserting ``or fire department'' after ``law
enforcement agency'' the first place it appears; and
(B) by inserting ``or department'' after ``the agency'';
(6) in subsection (d)(5)--
(A) by inserting ``or fire department'' after ``law
enforcement agency'' the first place it appears; and
(B) by striking out ``law enforcement agency'' the second
place it appears and inserting in lieu thereof ``agency or
department'';
(7) in subsection (e)(1), by inserting ``and fire
departments'' after ``law enforcement agencies''; and
(8) in subsection (f)--
(A) by redesignating paragraph (2) as paragraph (3);
(B) by inserting after paragraph (1) the following new
paragraph:
``(2) The term `public safety officer' means a law
enforcement officer or a firefighter.''; and
(C) by adding at the end the following new paragraph:
``(4) The term `firefighter' includes a public employee
member of a rescue squad or ambulance crew.''.
(b) Terminated Employees.--Chapter 81 of title 10, United
States Code, is amended by adding at the end the following
new section:
``Sec. 1598a. Assistance to terminated employees to obtain
employment as public safety officers
``(a) Placement Program.--The Secretary of Defense may
establish a program to assist eligible civilian employees of
the Department of Defense after the termination of their
employment to obtain employment as public safety officers
with State and local law enforcement agencies or fire
departments.
``(b) Eligible Employees.--(1) A civilian employee of the
Department of Defense shall be eligible for selection by the
Secretary of Defense to participate in the placement program
authorized by subsection (a) if the employee--
[[Page 1035]]
``(A) during the five-year period beginning October 1,
1994, is terminated from such employment as a result of
reductions in defense spending or the closure or realignment
of a military installation, as determined by the Secretary of
Defense; or
``(B) has occupational training or experience related to
law enforcement or fire fighting or satisfies such other
criteria for selection as the Secretary of Defense may
prescribe.
``(2) The Secretary of Defense may accept an application
from a civilian employee referred to in paragraph (1) who was
terminated during the period beginning on October 1, 1990,
and ending on October 1, 1994, if the employee otherwise
satisfies the eligibility criteria specified in that
paragraph.
``(c) Selection of Participants.--(1) The Secretary of
Defense shall select civilian employees to participate in the
placement program on the basis of applications submitted to
the Secretary not later than one year after the date the
employees receive a notice of termination. An application
shall be in such form and contain such information as the
Secretary may require.
``(2) The Secretary may not select a civilian employee to
participate in the program unless the Secretary has
sufficient appropriations for the placement program available
at the time of the selection to satisfy the obligations to be
incurred by the United States under the program with respect
to that participant.
``(d) Placement of Participants as Public Safety
Officers.--Subsections (d), (e), and (f) of section 1152 of
this title shall apply with respect to the placement program
authorized by this section.''.
(c) Clerical Amendments.--(1) The heading of section 1152
of title 10, United States Code, is amended to read as
follows:
``Sec. 1152. Assistance to separated members to obtain
employment as public safety officers''.
(2) The table of sections at the beginning of chapter 58 of
such title is amended by striking out the item relating to
section 1152 and inserting in lieu thereof the following new
item:
``1152. Assistance to separated members to obtain employment as public
safety officers.''.
(3) The table of sections at the beginning of chapter 81 of
such title is amended by adding at the end the following new
item:
``1598a. Assistance to terminated employees to obtain employment as
public safety officers.''.
(d) Funding for Fiscal Year 1995.--Of the amount made
available pursuant to section 1102(a), $25,000,000 shall be
available for the public safety officer placement programs
authorized by sections 1152 and 1598a of title 10, United
States Code.
SEC. 1133. PILOT PROGRAM TO PLACE SEPARATED MEMBERS AND
TERMINATED DEFENSE EMPLOYEES IN TEACHING
POSITIONS AS BILINGUAL MATH AND SCIENCE
TEACHERS.
(a) Cooperative Arrangements.--During fiscal year 1995, the
Secretary of Defense shall carry out a pilot program to
establish cooperative arrangements between the Department of
Defense and a consortium of two or more entities described in
subsection (b) for the purpose of assisting bilingual members
of the Armed Forces after their separation from active duty,
and bilingual civilian employees of the Department of Defense
after the termination of their employment, to obtain
certification and employment as bilingual elementary or
secondary school teachers in mathematics or science.
(b) Eligible Entities.--The entities with which the
Secretary of Defense may enter into a cooperative arrangement
under the pilot program are as follows:
(1) Local governments of States that contain military
installations and a high concentration of residents of
Hispanic descent.
(2) A consortium of two or more Hispanic-serving
institutions of higher education (as defined in section
316(b)(1) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b)(1))) that have a solid background, expertise, and
experience in operating bilingual teacher training programs
in mathematics and science with an emphasis in English as a
second language.
(c) Eligible Members and Employees.--(1) A member of the
Armed Forces shall be eligible to participate in a
cooperative arrangement established under the pilot program
if the member--
(A) during the seven-year period beginning on October 1,
1992, is discharged or released from active duty after six or
more years of continuous active duty immediately before the
discharge or release;
(B) has received a baccalaureate or advanced degree from an
accredited institution of higher education;
(C) is bilingual; and
(D) satisfies such other criteria for selection as the
Secretary of Defense may prescribe.
(2) A civilian employee of the Department of Defense shall
be eligible to participate in a cooperative arrangement
established under the pilot program if the employee--
(A) during the five-year period beginning October 1, 1992,
is terminated from such employment as a result of reductions
in defense spending or the closure or realignment of a
military installation, as determined by the Secretary of
Defense;
(B) has received a baccalaureate or advanced degree from an
accredited institution of higher education;
(C) is bilingual; and
(D) satisfies such other criteria for selection as the
Secretary of Defense may prescribe.
(d) Stipend for Participants.--A member of the Armed Forces
or a civilian employee of the Department of Defense who
participates in a cooperative arrangement established under
the pilot program shall be eligible to receive an educational
stipend in the same amount as provided under paragraph (1) of
subsection (g) of section 1151 of title 10, United States
Code, subject to the conditions specified in paragraphs (2)
and (3) of such subsection and section 1598(e)(2) of such
title.
(e) Administrative Costs.--The Secretary of Defense shall
cover the reasonable management costs of the pilot program
incurred by the non-Federal entities participating in the
cooperative arrangements established under the pilot program.
(f) Definitions.--For purposes of this section:
(1) The term ``bilingual'' means the ability to communicate
in both the English and Spanish languages.
(2) The term ``State'' includes the District of Columbia,
American Samoa, the Federated States of Micronesia, Guam, the
Republic of the Marshall Islands, the Commonwealth of the
Northern Mariana Islands, the Commonwealth of Puerto Rico,
Palau, and the Virgin Islands.
(g) Funding for Fiscal Year 1995.--Of the amount made
available pursuant to section 1102(a), $3,000,000 shall be
available to the Secretary of Defense to carry out this
section.
SEC. 1134. DEMONSTRATION PROJECT TO ASSIST SEPARATED MEMBERS
AND TERMINATED DEFENSE WORKERS TO BECOME
BUSINESS OWNERS.
(a) Business Ownership Demonstration Project.--During
fiscal year 1995, the Secretary of Defense may carry out a
demonstration project in not more than two eligible
communities to assist separated members of the Armed Forces
and terminated defense workers described in subsection (c)
who reside in the community to own their own businesses. The
Secretary shall carry out the demonstration project in
consultation with the Secretary of Commerce.
(b) Eligible Communities.--To be eligible for selection by
the Secretary of Defense as a site for the demonstration
project, a community shall be required to meet two of the
following conditions:
(1) The local economy is heavily dependent on a defense
contractor that is in the process of terminating a major
defense contract (or having such contract terminated by the
Department of Defense) or closing a major facility.
(2) The local economy may be adversely affected by changes
in the use of a national laboratory previously needed for the
testing of nuclear weapons.
(3) The local economy would be adversely affected by the
closing of two or more military installations.
(c) Members and Defense Workers To Be Assisted.--The
purpose of the demonstration project is to assist the
following persons to own their own businesses:
(1) Members of the Armed Forces who are discharged or
released from active duty.
(2) Civilian employees of the Department of Defense who are
terminated from such employment as a result of reductions in
defense spending or the closure or realignment of a military
installation, as determined by the Secretary of Defense.
(3) Employees of defense contractors who are terminated or
laid off (or receive a notice of termination or layoff) as a
result of the completion or termination of a defense contract
or program or reductions in defense spending, as determined
by the Secretary of Defense.
(d) Activities Under Demonstration Project.--Under the
demonstration project, the Secretary of Defense shall--
(1) develop a business plan to establish a facility in each
community in which the demonstration project is conducted to
assist persons described in subsection (c) to own their own
businesses;
(2) conduct a market study to identify markets for the
facility;
(3) develop innovative approaches to capital formation for
the facility and persons described in subsection (c);
(4) conduct a skills assessment study to determine the
number and type of employees needed to operate the facility;
and
(5) analyze the potential to use persons described in
subsection (c) as employees of the facility.
SEC. 1135. DEMONSTRATION PROJECT TO PROMOTE SHIP RECYCLING AS
A METHOD TO ASSIST SEPARATED MEMBERS AND
TERMINATED DEFENSE WORKERS.
(a) Ship Recycling Demonstration Project.--The Secretary of
Defense may carry out a demonstration project in not more
than three eligible locations to assist separated members of
the Armed Forces and terminated defense workers described in
subsection (c) to obtain employment by participating in the
establishment and operation of ship recycling facilities.
(b) Eligible Locations.--A location shall be eligible for
selection by the Secretary of Defense as a site for the
demonstration project if the location contains one or more
military installations that have been selected for closure or
realignment pursuant to a base closure law and such
installations include naval and port facilities. Competitive
procedures shall be used in the selection of locations in
which to conduct the demonstration project.
[[Page 1036]]
(c) Members and Defense Workers To Be Assisted.--The
purpose of the demonstration project is to promote the
establishment and operation of ship recycling facilities that
will provide employment for the following persons:
(1) Members of the Armed Forces who are discharged or
released from active duty.
(2) Civilian employees of the Department of Defense who are
terminated from such employment as a result of reductions in
defense spending or the closure or realignment of a military
installation, as determined by the Secretary of Defense.
(3) Employees of defense contractors who are terminated or
laid off (or receive a notice of termination or layoff) as a
result of the completion or termination of a defense contract
or program or reductions in defense spending, as determined
by the Secretary of Defense.
(d) Assistance Authorized.--To carry out the demonstration
project in an eligible location selected by the Secretary,
the Secretary may make grants to, and enter into contracts
and cooperative agreements with, State governments, local
governments, private entities, nonprofit organizations, and
institutions of higher education operating in that location.
(e) Activities Supported.--An entity (or group of such
entities) receiving assistance under the demonstration
project shall use the assistance to perform, or support the
performance of, any of the following:
(1) Develop a business plan to establish a ship recycling
facility for military and commercial ships currently in
service and projected for future scrapping.
(2) In consultation with the private sector, conduct a
market study of--
(A) the existing private sector capacity to perform ship
recycling;
(B) the utilization of existing ship recycling capacity;
(C) the regional impact on markets for scrap generated from
ship recycling;
(D) the environmental remediation requirements associated
with ship recycling;
(E) the ability to incorporate the private sector into the
ship recycling facilities established pursuant to the
demonstration; and
(F) such other issues related to ship recycling as the
Secretary considers appropriate.
(3) Conduct a skills assessment study to determine the
number and type of employees needed to operate a ship
recycling facility.
(4) Develop plans for the cost effective environmental
remediation of ships to be recycled at the facility.
(5) Demonstrate the feasibility of a ship recycling
facility to become financially self-sustaining or project a
reasonable timetable for the completion of the demonstration
project, in which case the entity shall develop training,
skills enhancement, and career placement programs to assist
employees involved in ship recycling to secure new
occupations and careers.
(6) Support regional ship recycling start-up activities.
(7) Analyze the potential to use persons described in
subsection (c) as employees at a ship recycling facility.
(f) Transfer of Excess Naval Vessels.--The Secretary of
Defense may allocate among the ship recycling facilities
established under the demonstration project excess naval
vessels of the United States for recycling.
(g) Funding for Fiscal Year 1995.--Of the amount made
available pursuant to section 1102(a), $15,000,000 shall be
available to the Secretary of Defense to carry out the
demonstration project.
SEC. 1136. ADMINISTRATION AND FUNDING OF DEFENSE
DIVERSIFICATION PROGRAM AND DEFENSE CONVERSION
ADJUSTMENT PROGRAM UNDER JOB TRAINING
PARTNERSHIP ACT.
(a) Defense Diversification Program.--Section 325A of the
Job Training Partnership Act (29 U.S.C. 1662d-1) is amended--
(1) in subsection (a), by striking out ``From the amount''
and all that follows through ``Labor,'' and inserting in lieu
thereof ``From funds made available to carry out this
section, the Secretary, in consultation with the Secretary of
Defense,'';
(2) in subsections (c), (d), (e), (i), (k)(2), (l), and
(m), by striking out ``Secretary of Defense'' each place it
appears and inserting in lieu thereof ``Secretary'';
(3) in subsection (d)(1)(A), by striking out ``in
consultation with the Secretary of Labor,'';
(4) in the heading of subsection (e), by striking out ``by
Secretary of Defense'';
(5) in subsection (k)(1), by striking out ``Secretary of
Defense, in consultation with the Secretary of Labor,'' and
inserting in lieu thereof ``Secretary, in consultation with
the Secretary of Defense,''; and
(6) in subsection (n), by striking out ``Secretary of
Defense, in consultation with the Secretary of Labor,'' and
inserting in lieu thereof ``Secretary, in consultation with
the Secretary of Defense,''.
(b) Defense Conversion Adjustment Program.--Section 325(a)
of the Job Training Partnership Act (29 U.S.C. 1662d(a)) is
amended by striking out ``From the amount appropriated
pursuant to section 4203 of the Defense Economic Adjustment,
Diversification, Conversion, and Stabilization Act of 1990,''
and inserting in lieu thereof ``From funds made available to
carry out this section,''.
SEC. 1137. EXPANSION OF PERSONNEL ADJUSTMENT, EDUCATION, AND
TRAINING PROGRAMS TO INCLUDE COAST GUARD.
(a) Preseparation Counseling.--As soon as possible after
the date of the enactment of this Act, the Secretary of
Transportation shall implement the requirements of section
1142 of title 10, United States Code, for the Coast Guard.
(b) Employment Assistance, Job Training Assistance, and
Other Transitional Assistance.--Section 1144 of title 10,
United States Code, is amended--
(1) in subsection (a)(1)--
(A) by inserting ``, the Secretary of Transportation,''
after ``Secretary of Defense''; and
(B) by striking out ``of a military department'' and
inserting in lieu thereof ``concerned'';
(2) in subsection (a)(2), by inserting ``, the Secretary of
Transportation,'' after ``Secretary of Defense'';
(3) in subsection (b)(4), by striking out ``Department of
Defense is'' and inserting in lieu thereof ``Department of
Defense and the Department of Transportation are'';
(4) in subsection (c), by inserting ``and the Secretary of
Transportation'' after ``Secretary of Defense''; and
(5) in subsection (d)(2), by inserting ``and the Department
of Transportation'' after ``Department of Defense''.
(c) Teacher and Teacher's Aide Placement Program.--Section
1151 of such title is amended--
(1) in subsection (a), by inserting ``, and the Secretary
of Transportation with respect to the Coast Guard,'' after
``Secretary of Defense'';
(2) in subsection (b), by inserting ``and the Secretary of
Transportation'' after ``Secretary of Defense'' in the matter
preceding the paragraphs;
(3) in subsection (c)(1)--
(A) by striking out ``by the Secretary of Defense'' in the
matter preceding the subparagraphs; and
(B) in subparagraph (C), by inserting ``of Defense, or the
Secretary of Transportation with respect to the Coast
Guard,'' after ``Secretary'';
(4) in subsection (c)(4), by striking out ``Secretary'' and
inserting in lieu thereof ``Secretaries'';
(5) in subsection (d), by inserting ``and the Secretary of
Transportation'' after ``Secretary of Defense'';
(6) in subsection (e)(1)--
(A) by inserting ``, and the Secretary of Transportation
with respect to the Coast Guard,'' after ``Secretary of
Defense'';
(B) by striking out ``subsection (c)(3), the Secretary''
and inserting in lieu thereof ``subsection (c)(4), the
Secretaries''; and
(C) by striking out ``Secretary may'' and inserting in lieu
thereof ``Secretaries may'';
(7) in subsection (e)(2), by striking out ``Secretary'' the
first two places it appears and inserting in lieu thereof
``Secretaries'';
(8) in subsection (e)(3)--
(A) by inserting ``of Defense, and the Secretary of
Transportation with respect to the Coast Guard,'' after ``The
Secretary''; and
(B) by inserting ``involved'' after ``unless the
Secretary'';
(9) in subsection (e)(4), by striking out ``Secretary''
both places it appears and inserting in lieu thereof
``Secretaries'';
(10) in subsection (f)--
(A) by inserting ``, or the Secretary of Transportation
with respect to the Coast Guard,'' after ``Secretary of
Defense'' in the matter preceding the paragraphs; and
(B) in paragraph (1), by inserting ``involved'' after ``the
Secretary'';
(11) in subsection (g)(1), by inserting ``, and the
Secretary of Transportation with respect to the Coast
Guard,'' after ``Secretary of Defense'' in the matter
preceding the subparagraphs;
(12) in subsection (h)--
(A) in paragraph (1), by inserting ``and the Secretary of
Transportation'' after ``Secretary of Defense''; and
(B) by inserting ``involved'' after ``Secretary'' each
place it appears in paragraphs (2) through (6);
(13) in subsection (h)(7)--
(A) in subparagraph (A)--
(i) by inserting ``of Defense, and the Secretary of
Transportation with respect to the Coast Guard,'' after ``the
Secretary'' in the first sentence; and
(ii) by inserting ``involved'' after ``The Secretary'' in
the second sentence; and
(B) in subparagraph (C), by inserting ``involved'' after
``The Secretary'';
(14) in subsection (i)--
(A) in paragraph (1), by inserting ``, or the Secretary of
Transportation with respect to the Coast Guard,'' after
``Secretary of Defense''; and
(B) in paragraph (2), by striking out ``Secretary'' both
places it appears and inserting in lieu thereof
``Secretaries''; and
(15) in subsection (j)--
(A) in paragraph (1)(F), by inserting ``, or the Secretary
of Transportation with respect to the Coast Guard'' after
``Secretary of Defense''; and
(B) in paragraph (2), by inserting ``involved'' after
``Secretary'' both places it appears.
(d) Public Safety Officer Placement Program.--Section 1152
of such title, as amended by section 1132(a), is further
amended--
(1) in subsection (a), by inserting ``, and the Secretary
of Transportation with respect to the Coast Guard,'' after
``Secretary of Defense'';
(2) in subsection (b)(1)(B), by inserting ``, or the
Secretary of Transportation with re-
[[Page 1037]]
spect to the Coast Guard,'' after ``Secretary of Defense'';
(3) in subsection (c)(1)--
(A) by inserting ``, and the Secretary of Transportation
with respect to the Coast Guard,'' after ``Secretary of
Defense'';
(B) by striking out ``to the Secretary'' and inserting in
lieu thereof ``to the Secretaries''; and
(C) by striking out ``Secretary may'' and inserting in lieu
thereof ``Secretaries may'';
(4) in subsection (c)(2)--
(A) by inserting ``of Defense, and the Secretary of
Transportation with respect to the Coast Guard,'' after ``The
Secretary''; and
(B) by inserting ``involved'' after ``unless the
Secretary'';
(5) in subsection (d)--
(A) in paragraph (1) by inserting ``and the Secretary of
Transportation'' after ``Secretary of Defense''; and
(B) by inserting ``involved'' after ``Secretary'' each
place it appears in paragraphs (2) through (5); and
(6) in subsection (e)--
(A) in paragraph (1), by inserting ``, and the Secretary of
Transportation with respect to the Coast Guard,'' after ``the
Secretary of Defense''; and
(B) in paragraph (2), by inserting ``involved'' after ``The
Secretary''.
(e) Health Care Placement Program.--Section 1153 of such
title is amended--
(1) in subsection (a), by inserting ``, and the Secretary
of Transportation with respect to the Coast Guard,'' after
``Secretary of Defense'';
(2) in subsection (b)(1)--
(A) by striking out ``by the Secretary of Defense'' in the
matter preceding the subparagraphs; and
(B) in subparagraph (C), by inserting ``of Defense, or the
Secretary of Transportation with respect to the Coast
Guard,'' after ``Secretary'';
(3) in subsection (c)(1)--
(A) by inserting ``, and the Secretary of Transportation
with respect to the Coast Guard,'' after ``Secretary of
Defense'';
(B) by striking out ``to the Secretary'' and inserting in
lieu thereof ``to the Secretaries''; and
(C) by striking out ``Secretary may'' and inserting in lieu
thereof ``Secretaries may'';
(4) in subsection (c)(2)--
(A) by inserting ``of Defense, and the Secretary of
Transportation with respect to the Coast Guard,'' after ``The
Secretary''; and
(B) by inserting ``involved'' after ``unless the
Secretary'';
(5) in subsection (c)(3), by striking out ``Secretary''
both places it appears and inserting in lieu thereof
``Secretaries'';
(6) in subsection (d)--
(A) in paragraph (1) by inserting ``and the Secretary of
Transportation'' after ``Secretary of Defense''; and
(B) by inserting ``involved'' after ``Secretary'' each
place it appears in paragraphs (2) through (5); and
(7) in subsection (e)--
(A) in paragraph (1), by inserting ``, and the Secretary of
Transportation with respect to the Coast Guard,'' after ``the
Secretary of Defense''; and
(B) in paragraph (2), by inserting ``involved'' after ``The
Secretary''.
(f) Upward Bound.--Section 4466 of the Defense Conversion,
Reinvestment, and Transition Assistance Act of 1992 (division
D of Public Law 102-484; 10 U.S.C. 1143 note) is amended by
adding at the end the following new subsection:
``(h) Application to Coast Guard.--The Secretary of
Transportation may implement the provisions of this section
for the Coast Guard in the same manner and to the same extent
as such section applies to the Department of Defense.''.
(g) Service Members Occupational Conversion and Training.--
(1) Section 4483(1) of the Service Members Occupational
Conversion and Training Act of 1992 (subtitle G of title XLIV
of Public Law 102-484; 10 U.S.C. 1143 note) is amended by
inserting before the period the following: ``and the
Secretary of Transportation with respect to the Coast
Guard''.
(2) As soon as possible after the date of the enactment of
this Act, the Secretary of Transportation shall implement the
requirements of the Service Members Occupational Conversion
and Training Act of 1992 (subtitle G of title XLIV of Public
Law 102-484; 10 U.S.C. 1143 note) for the Coast Guard.
(h) Limitations on Funding.--Funds appropriated or
otherwise made available to the Department of Defense, the
Department of Education, the Department of Labor, or the
Department of Veterans Affairs may not be used to carry out
subsection (a) or the amendments made by this section.
SEC. 1138. ASSISTANCE FOR CERTAIN WORKERS DISLOCATED DUE TO
REDUCTIONS BY THE UNITED STATES IN THE EXPORT
OF DEFENSE ARTICLES AND SERVICES.
(a) Assistance Under the Defense Conversion Adjustment
Program.--Section 325 of the Job Training Partnership Act (29
U.S.C. 1662d) is amended--
(1) in subsection (a), by striking out ``or by closures of
United States military facilities'' each place it appears and
inserting in lieu thereof ``, by closures of United States
military facilities, or by reductions in the export of
defense articles and defense services as a result of United
States policy, including reductions in the amount of defense
articles and defense services under agreements to provide
such articles or services or through termination or
completion of any such agreements'';
(2) in subsection (d), by striking out ``or by the closure
of United States military installations'' and inserting in
lieu thereof ``, by closures of United States military
facilities, or by reductions in the export of defense
articles and defense services as a result of United States
policy, including reductions in the amount of defense
articles and defense services under agreements to provide
such articles or services or through termination or
completion of any such agreements''; and
(3) by adding at the end the following new subsection:
``(f) Definition.--For purposes of this section, the term
`defense articles and defense services' means defense
articles, defense services, or design and construction
services under the Arms Export Control Act, including defense
articles and defense services licensed or approved for export
under section 38 of that Act.''.
(b) Assistance Under the Defense Diversification Program.--
Section 325A of the Job Training Partnership Act (29 U.S.C.
1662d-1) is amended--
(1) in subsection (b)(3)(A), by striking out ``or the
closure or realignment of a military installation'' and
inserting in lieu thereof ``, the closure or realignment of a
military installation, or reductions in the export of defense
articles and defense services as a result of United States
policy, including reductions in the amount of defense
articles and defense services under agreements to provide
such articles or services or through termination or
completion of any such agreements'';
(2) in subsection (k)(1), by striking out ``or by the
closure of United States military installations'' and
inserting in lieu thereof ``, the closure of United States
military installations, or reductions in the export of
defense articles and defense services as a result of United
States policy, including reductions in the amount of defense
articles and defense services under agreements to provide
such articles or services or through termination or
completion of any such agreements''; and
(3) in subsection (o), by adding at the end the following
new paragraph:
``(3) Defense articles and defense services.--The term
`defense articles and defense services' means defense
articles, defense services, or design and construction
services under the Arms Export Control Act, including defense
articles and defense services licensed or approved for export
under section 38 of that Act.''.
Subtitle D--ARMS Initiative
SEC. 1141. EXTENSION OF ARMAMENT RETOOLING AND MANUFACTURING
SUPPORT INITIATIVE.
Section 193(a) of the Armament Retooling and Manufacturing
Support Act of 1992 (subtitle H of title I of Public Law 102-
484; 10 U.S.C. 2501 note) is amended by striking out ``fiscal
years 1993 and 1994'' and inserting in lieu thereof ``fiscal
years 1993 through 1995''.
SEC. 1142. LOAN GUARANTEES UNDER ARMAMENT RETOOLING AND
MANUFACTURING SUPPORT INITIATIVE.
Section 193 of the Armament Retooling and Manufacturing
Support Act of 1992 (subtitle H of title I of Public Law 102-
484; 10 U.S.C. 2501 note) is amended by adding at the end the
following new subsection:
``(d) Loan Guarantees To Support ARMS Initiative.--(1)
Subject to the availability of appropriations for this
purpose, the Secretary of the Army may support the purposes
of the ARMS Initiative by conducting a program to issue
guarantees during fiscal year 1995 against the risk of
nonpayment arising out of loans provided to businesses
establishing commercial activities on inactive and active
ammunition manufacturing facilities of the Department of the
Army. During fiscal year 1995, the subsidy cost of loan
guarantees issued under the loan guarantee program may not
exceed $43,000,000.
``(2) Applications for guarantees under the loan guarantee
program shall be submitted to the Secretary of the Army. The
maximum amount of loan principal that the Secretary may
guarantee under loan guarantee program with respect to any
loan may not exceed $20,000,000. Any such loan shall provide
for repayment over a period not to exceed 10 years.
``(3) The Secretary of the Army may enter into a
cooperative agreement with an appropriate Federal agency,
under which such agency will process applications submitted
under paragraph (2) and otherwise operate the loan guarantee
program on behalf of the Secretary of the Army. From funds
made available for the loan guarantee program, the Secretary
of the Army may transfer to such agency pursuant to the
agreement such sums as may be necessary for such agency to
carry out its activities under the loan guarantee program.''.
Subtitle E--Other Matters
SEC. 1151. CHANGES IN NOTICE REQUIREMENTS UPON PENDING OR
ACTUAL TERMINATION OF DEFENSE PROGRAMS.
(a) Time for Notice Requirement After Submission of
Budget.--Subsection (a) of section 4471 of the Defense
Conversion, Reinvestment, and Transition Assistance Act of
1992 (division D of Public Law 102-484; 106 Stat. 2753; 10
U.S.C. 2501 note) is amended--
(1) by striking out ``As soon as reasonably practicable''
and inserting in lieu thereof ``Not later than 30 days''; and
(2) by striking out ``and not more than 180 days after such
date,''.
(b) Time for Notice Requirement After Enactment of
Appropriations Act.--Subsection (b) of such section is
amended--
(1) by striking out ``as soon as reasonably practicable''
and inserting in lieu thereof ``not later than 30 days''; and
(2) by striking out ``and not more than 180 days after such
date,''.
[[Page 1038]]
(c) Time for Notice Requirement on Withdrawal of
Notification.--Subsection (f) of such section is amended--
(1) by striking out ``as soon as reasonably practicable''
and inserting in lieu thereof ``not later than 30 days''; and
(2) by striking out ``and not more than 45 days after such
date,''.
SEC. 1152. PLAN FOR DEPLOYMENT OF DEFENSE ENVIRONMENTAL
TECHNOLOGIES FOR DREDGING OF DUAL-USE PORTS.
(a) Establishment.--The Secretary of Defense shall
establish a plan for the Department of Defense to encourage
the further development and deployment of existing defense
environmental technologies in support of the dredging
requirements of dual-use ports, including--
(1) the environmentally secure containment and management
of contaminated dredged materials; and
(2) the decontamination of dredged materials.
(b) Matters To Be Included.--The plan to be established
pursuant to subsection (a) shall include the following:
(1) A description of defense reinvestment and defense
conversion programs under chapter 148 of title 10, United
States Code, that are available to facilitate the deployment
of defense environmental technologies in support of the
dredging requirements of dual-use ports.
(2) A description of existing defense environmental
technologies and processes that are available to support the
objectives of the plan to be established pursuant to
subsection (a).
(3) Recommendations for strategies to deploy such
technologies and processes to ports of various sizes,
including--
(A) ports with projects requiring more than 5,000,000 cubic
yards of sediment to be dredged annually;
(B) ports with projects requiring more than 1,000,000 cubic
yards of sediment to be dredged annually;
(C) ports that have been affected by, or are likely to be
affected by, the closure of one or more major military
installations and that, as a result thereof, require
substantial environmental remediation; and
(D) military port installations that have experienced
significant delays in advancing dredging projects because of
environmental compliance or dredged material disposal
problems.
(4) After consultation with the heads of other appropriate
Federal agencies, an assessment of other available
technologies and processes that may be used in support of the
plan to be established pursuant to subsection (a).
(5) An assessment of the potential benefits and methods of
transfer of technologies and processes for use in connection
with dredging processes in commercial ports and waterways.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall
transmit to Congress a report containing the plan to be
established pursuant to subsection (a).
SEC. 1153. PILOT PROGRAM TO DEVELOP AND DEMONSTRATE
ENVIRONMENTAL REMEDIATION TECHNOLOGIES.
(a) Cooperative Agreement for Pilot Program.--(1) The
Secretary of Defense may enter into a cooperative agreement
with an institution of higher education for the purpose of
facilitating the development and demonstration of new methods
and technologies for more effective and expedient
environmental remediation at military installations by
engaging in a pilot demonstration project as provided in
subsection (b).
(2) If the Secretary enters into a cooperative agreement
under paragraph (1), the agreement shall authorize the
institution of higher education to enter into partnerships or
other relationships with private and public entities for
purposes of conducting activities under the cooperative
agreement.
(b) Pilot Project at Defense Landfill.--(1) If the
Secretary enters into a cooperative agreement under
subsection (a)(1), the agreement shall authorize the
institution of higher education to participate in a
cooperative pilot demonstration project at a Government
landfill described in paragraph (2) if such demonstration
project can be carried out in a manner that is consistent
with all other actions at such landfill that the Secretary is
legally required to undertake. The institution of higher
education may engage in such project on a long-term basis to
address the broader issues of environmental remediation and
conversion of facilities of the Department of Defense.
(2) The Government landfill referred to in paragraph (1) is
a Government landfill that--
(A) is listed on the National Priorities List pursuant to
section 105(a)(8)(B) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9605(a)(8)(B)); and
(B) is located on a military installation to be closed
pursuant to a base closure law.
(c) Funding.--(1) There is authorized to be appropriated to
the Secretary of Defense for fiscal year 1995 $4,000,000 for
the establishment of the cooperative agreement and the
activities necessary to conduct the pilot project.
(2) The amount authorized in section 201 for the joint
Department of Defense and Department of Energy munitions
technology development program for fiscal year 1995 is hereby
reduced by $4,000,000.
TITLE XII--COOPERATIVE THREAT REDUCTION, COUNTERPROLIFERATION, AND
RELATED MATTERS
Subtitle A--Cooperative Threat Reduction
SEC. 1201. REPORT ON ACCOUNTING FOR UNITED STATES ASSISTANCE.
(a) Required Report.--Of the amount authorized to be
appropriated in section 301 for Cooperative Threat Reduction
programs, not more than 10 percent may be obligated until the
Secretary of Defense submits to Congress a report on the
efforts made by the United States Government (including the
use of audits, examinations, and on-site inspections) to
ensure that United States assistance provided under the
Cooperative Threat Reduction program in fiscal year 1994 and
prior years is fully accounted for and is being used for its
intended purposes.
(b) Information To Be Included.--The report--
(1) shall include--
(A) a listing of United States Cooperative Threat Reduction
assistance provided as of the time the report is submitted;
(B) a description of the whereabouts and conditions of the
aid; and
(C) a determination of whether the aid in question has been
used for its intended purpose; and
(2) shall describe the activities planned in fiscal year
1995 to ensure that United States assistance provided that
fiscal year is fully accounted for and is used for its
intended purpose.
(c) Comptroller General Assessment.--Not later than 30 days
after the date on which the report described in subsection
(a) is submitted to Congress, the Comptroller General of the
United States shall submit to Congress a report giving the
Comptroller General's assessing the Secretary's report and
making any recommendations the Comptroller General considers
appropriate.
SEC. 1202. REPORT ON CONTROL AND ACCOUNTABILITY OF MATERIAL
RELATING TO WEAPONS OF MASS DESTRUCTION.
The Secretary of Defense shall submit to Congress a report
on progress being made in each state of the former Soviet
Union that is a recipient of assistance under Cooperative
Threat Reduction programs toward the development of an
effective system of control and accountability for material
related to weapons of mass destruction in that country. Under
such a system, officials of the United States and of the
recipient country should have an accurate accounting of the
weapons of mass destruction in that country and the fissile
and chemical materials from those weapons. The report shall
be submitted not later than three months after the date of
the enactment of this Act.
SEC. 1203. COOPERATIVE THREAT REDUCTION.
(a) Funding Report to Congress.--The Secretary of Defense
shall submit to Congress a report as described in subsection
(b) on funding for programs of cooperative threat reduction
with states of the former Soviet Union. The report shall be
submitted at the time of the transmission to Congress of the
budget justification materials for the funding request in the
fiscal year 1996 budget for such cooperative threat reduction
programs.
(b) Matters To Be Included in Annual Report.--The Secretary
of Defense shall include in the report under subsection (a)
the following:
(1) An estimate of the total amount that will be required
to be expended by the United States in order to achieve the
objectives of cooperative threat reduction programs.
(2) A multiyear plan for the use of amounts and other
resources provided by the United States for cooperative
threat reduction programs and to provide guidance for
preparation of annual budget submissions.
(c) Subsequent Revisions to Report.--The Secretary of
Defense shall submit an updated version of the report under
subsection (a) for any fiscal year after fiscal year 1996 for
which the budget of the President proposes that funds be
appropriated to the Department of Defense for cooperative
threat reduction programs.
(d) Fiscal Year 1995 Limitation.--Of the amount authorized
in this Act for cooperative threat reduction programs, the
sum of $50,000,000 may not be obligated until the President
certifies to Congress that the United States is making a
concerted effort to ensure that allies of the United States
are increasing their levels of support for activities that
will aid in accomplishing the objectives of the cooperative
threat reduction programs.
(e) Cooperative Threat Reduction Programs.--For purposes of
this section, cooperative threat reduction programs are those
programs described in section 1203(b) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
107 Stat. 1778).
SEC. 1204. LIMITATIONS ON COOPERATIVE THREAT REDUCTION
PROGRAM.
Of the amount authorized to be appropriated in section
301(21) for Former Soviet Union Threat Reduction programs--
(1) none of such amounts may be obligated for environmental
restoration or for housing of former or retired military
personnel of the Soviet Union;
(2) not more than $60,000,000 may be obligated for the
demilitarization of defense industries and the conversion of
military technologies and capabilities into civilian
activities;
(3) not more than $200,000,000 may be obligated for Weapons
Dismantlement, Destruction, and Denuclearization;
[[Page 1039]]
(4) not more than $60,000,000 may be obligated for Safety
and Security, Transportation, and Storage;
(5) not more than $40,000,000 may be obligated for
Nonproliferation;
(6) not more than $20,000,000 may be obligated for Defense
and Military-to-Military Contacts; and
(7) not more than $20,000,000 may be obligated for
Research, Support, and Overhead.
Subtitle B--Counterproliferation Activities
SEC. 1211. EXTENSION AND REVISION OF COUNTERPROLIFERATION
AUTHORITIES.
(a) Extension of International Nonproliferation
Authorities.--Section 1505 of the National Defense
Authorization Act for Fiscal Year 1993 (22 U.S.C. 5859a) is
amended--
(1) in subsection (a), by striking out ``during fiscal year
1994''; and
(2) in subsection (e), by striking out ``of fiscal year
1994'' and inserting in lieu thereof ``of a fiscal year''.
(b) Additional Nonproliferation Authorities.--Subsection
(b) of such section is amended--
(1) in paragraph (1)--
(A) by striking out ``the International Atomic Energy
Agency (IAEA)'' and inserting in lieu thereof ``international
organizations'';
(B) by striking out ``nuclear'';
(C) by striking out ``aggressive'' and inserting in lieu
thereof ``effective''; and
(D) by striking out ``the Treaty on'' and all that follows
in such paragraph and inserting in lieu thereof
``international agreements on nonproliferation.'';
(2) in paragraph (2), by striking out ``the On-Site
Inspection Agency'' and inserting in lieu thereof ``the
Department of Defense'';
(3) in paragraph (4), by striking out ``nuclear
proliferation'' and all that follows in such paragraph and
inserting in lieu thereof ``proliferation of nuclear,
biological, and chemical weapons, their delivery systems,
related technologies, and other weapons.''; and
(4) by adding at the end the following new paragraph:
``(5) Activities supporting the dismantlement and
destruction of nuclear, biological, and chemical weapons,
their delivery systems, related technologies, and other
weapons.''.
(c) Repeal of Funding Limitations.--Subsection (d) of such
section is amended--
(1) by striking out paragraphs (1) and (3); and
(2) by striking out ``(2)''.
(d) Cross Reference Amendment.--Subsection (e)(2) of such
section is amended by striking out ``and under subsection
(d)(4)''.
SEC. 1212. STUDIES RELATING TO UNITED STATES
COUNTERPROLIFERATION POLICY.
(a) Extension of Authority.--Subsection (a) of section 1603
of the National Defense Authorization Act for Fiscal Year
1994 (22 U.S.C. 5859a; 107 Stat. 1843) is amended by striking
out ``During fiscal year 1994, the Secretary'' and inserting
in lieu thereof ``The Secretary'';
(b) Repeal of Reporting Requirement.--Such section is
further amended--
(1) by striking out subsections (d) and (e); and
(2) by redesignating subsection (f) as subsection (d).
SEC. 1213. FISCAL YEAR 1995 AMOUNT.
(a) Fiscal Year 1995 Amount.--Of the total amount
authorized to be appropriated in section 301 for Defense-wide
activities, $30,159,000 is available for the purposes of
conducting counterproliferation activities.
(b) Restriction.--None of the amount specified in
subsection (a) may be obligated until 15 days after the date
on which the Secretary of Defense submits to the
congressional committees named in section 1607(1) of Public
Law 103-160 a report setting forth--
(1) a description of all of the activities within the
Department of Defense that are being carried out or are to be
carried out for the purposes stated in section 1603 of the
National Defense Authorization Act for Fiscal Year 1994 (22
U.S.C. 5859a; 107 Stat. 1843);
(2) the plan for coordinating and integrating those
activities within the Department of Defense;
(3) the plan for coordinating and integrating those
activities with those of other Federal agencies; and
(4) the sources of the funds to be used for such purposes.
SEC. 1214. LIMITATION ON FUNDS FOR STUDIES PENDING RECEIPT OF
PREVIOUSLY REQUIRED REPORT.
(a) Limitation.--Of the total amount specified in section
1213(a) for counterproliferation activities for fiscal year
1995, $2,000,000 shall be withheld from obligation until the
report described in subsection (b) has been submitted to
Congress.
(b) Report.--The report referred to in subsection (a) is
the report required to be submitted to Congress not later
than May 30, 1994, pursuant to section 1422 of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law
103-160; 107 Stat. 1829).
TITLE XIII--RESERVE OFFICER PERSONNEL MANAGEMENT ACT (ROPMA)
SEC. 1301. SHORT TITLE.
This title may be cited as the ``Reserve Officer Personnel
Management Act''.
SEC. 1302. REFERENCES TO TITLE 10, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of title 10, United States Code.
Subtitle A--Reserve Officer Personnel Management
PART I--REVISED AND STANDARDIZED RESERVE OFFICER PERSONNEL SYSTEM
SEC. 1311. PROMOTION AND RETENTION OF RESERVE OFFICERS.
Title 10, United States Code, is amended by adding at the
end the following new subtitle:
``Subtitle E--Reserve Components
``PART I--ORGANIZATION AND ADMINISTRATION
``Chap. Sec.
``1001. Definitions...........................................10001....
``1003. Reserve Components Generally..........................10101....
``1005. Elements of Reserve Components........................10141....
``1007. Administration of Reserve Components..................10201....
``1009. Reserve Forces Policy Boards and Committees...........10301....
``1011. National Guard Bureau.................................10501....
``1013. Budget Information and Annual Reports to Congress.....10541....
``PART II--PERSONNEL GENERALLY
``1201. Authorized Strengths and Distribution in Grade........12001....
``1203. Enlisted Members......................................12101....
``1205. Appointment of Reserve Officers.......................12201....
``1207. Warrant Officers......................................12241....
``1209. Active Duty...........................................12301....
``1211. National Guard Members in Federal Service.............12401....
``1213. Special Appointments, Assignments, Details, and Duties12501....
``1215. Miscellaneous Prohibitions
and Penalties.................................[No present sections]
``1217. Miscellaneous Rights and Benefits.....................12601....
``1219. Standards and Procedures for Retention and Promotion..12641....
``1221. Separation............................................12681....
``1223. Retired Pay for Non-Regular Service...................12731....
``1225. Retired Grade.........................................12771....
``PART III--PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-
STATUS LIST
``1401. Applicability and Reserve Active-Status Lists.........14001....
``1403. Selection Boards......................................14101....
``1405. Promotions............................................14301....
``1407. Failure of Selection for Promotion and Involuntary Sep14501on..
``1409. Continuation of Officers on the Reserve-Active Status List and
Selective Early Removal...................................14701....
``1411. Additional Provisions Relating to Involuntary Separati14901....
``PART IV--TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL ASSISTANCE
PROGRAMS
``1601. Training Generally........................[No present sections]
``1606. Educational Assistance for Members of the Selected Res16131....
``1608. Health Professions Stipend Program....................16201....
``1609. Education Loan Repayments.............................16301....
``PART V--SERVICE, SUPPLY, AND PROCUREMENT
``1801. Issue of Serviceable Material
to Reserve Components.........................[No present sections]
``1803. Facilities for Reserve Components.....................18231....
``1805. Miscellaneous Provisions..............................18501....
``PART III--PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-
STATUS LIST
``Chap. Sec.
``1401. Applicability and Reserve Active-Status Lists.............14001
``1403. Selection Boards..........................................14101
``1405. Promotions................................................14301
``1407. Failure of Selection for Promotion and Involuntary Separat14501
``1409. Continuation of Officers on the Reserve Active-Status List and
Selective Early Removal.......................................14701
``1411. Additional Provisions Relating to Involuntary Separation..14901
``CHAPTER 1401--APPLICABILITY AND RESERVE ACTIVE-STATUS LISTS
``Sec.
``14001. Applicability of this part.
``14002. Reserve active-status lists: requirement for each armed force.
``14003. Reserve active-status lists: position of officers on the list.
``14004. Reserve active-status lists: eligibility for Reserve
promotion.
``14005. Competitive categories.
``14006. Determination of years in grade.
``Sec. 14001. Applicability of this part
``This chapter and chapters 1403 through 1411 of this title
apply, as appropriate, to all reserve officers of the Army,
Navy, Air Force, and Marine Corps except warrant officers.
``Sec. 14002. Reserve active-status lists: requirement for
each armed force
``(a) The Secretary of each military department shall
maintain a single list, to be known as the reserve active-
status list, for each armed force under the Secretary's
jurisdiction. That list shall include the names of all
reserve officers of that armed force who are in an active
status other than those on
[[Page 1040]]
an active-duty list described in section 620 of this title or
warrant officers (including commissioned warrant officers).
``(b) The reserve active-status list for the Army shall
include officers in the Army Reserve and the Army National
Guard of the United States. The reserve active-status list
for the Air Force shall include officers in the Air Force
Reserve and the Air National Guard of the United States. The
Secretary of the Navy shall maintain separate lists for the
Naval Reserve and the Marine Corps Reserve.
``Sec. 14003. Reserve active-status: position of officers on
the list
``(a) Position on List.--Officers shall be carried on the
reserve active-status list of the armed force of which they
are members in the order of seniority of the grade in which
they are serving in an active status. Officers serving in the
same grade shall be carried in the order of their rank in
that grade.
``(b) Effect on Position Held by Reason of Temporary
Appointment or Assignment.--An officer whose position on the
reserve active-status list results from service under a
temporary appointment or in a grade held by reason of
assignment to a position has, when that appointment or
assignment ends, the grade and position on that list that the
officer would have held if the officer had not received that
appointment or assignment.
``Sec. 14004. Reserve active-status lists: eligibility for
Reserve promotion
``Except as otherwise provided by law, an officer must be
on a reserve active-status list to be eligible under chapter
1405 of this title for consideration for selection for
promotion or for promotion.
``Sec. 14005. Competitive categories
``Each officer whose name appears on a reserve active-
status list shall be placed in a competitive category. The
competitive categories for each armed force shall be
specified by the Secretary of the military department
concerned under regulations prescribed by the Secretary of
Defense. Officers in the same competitive category shall
compete among themselves for promotion.
``Sec. 14006. Determination of years in grade
``For the purpose of chapters 1403 through 1411 of this
title, an officer's years of service in a grade are computed
from the officer's date of rank in grade as determined under
section 741(d) of this title.
``CHAPTER 1403--SELECTION BOARDS
``Sec.
``14101. Convening of selection boards.
``14102. Selection boards: appointment and composition.
``14103. Oath of members.
``14104. Confidentiality of board proceedings.
``14105. Notice of convening of selection board.
``14106. Communication with board by officers under consideration.
``14107. Information furnished by the Secretary concerned to promotion
boards.
``14108. Recommendations by promotion boards.
``14109. Reports of promotion boards: in general.
``14110. Reports of promotion boards: review by Secretary.
``14111. Reports of selection boards: transmittal to President.
``14112. Dissemination of names of officers selected.
``Sec. 14101. Convening of selection boards
``(a) Promotion Boards.--(1) Whenever the needs of the
Army, Navy, Air Force, or Marine Corps require, the Secretary
concerned shall convene a selection board to recommend for
promotion to the next higher grade, under chapter 1405 of
this title, officers on the reserve active-status list of
that armed force in a permanent grade from first lieutenant
through brigadier general or, in the case of the Naval
Reserve, lieutenant (junior grade) through rear admiral
(lower half). A selection board convened under this
subsection shall be known as a `promotion board'.
``(2) A promotion board convened to recommend reserve
officers of the Army or reserve officers of the Air Force for
promotion (A) to fill a position vacancy under section 14315
of this title, or (B) to the grade of brigadier general or
major general, shall (except in the case of a board convened
to consider officers as provided in section 14301(e) of this
title) be known as a `vacancy promotion board'. Any other
promotion board convened under this subsection shall be known
as a `mandatory promotion board'.
``(b) Continuation Boards.--Whenever the needs of the Army,
Navy, Air Force, or Marine Corps require, the Secretary
concerned may convene a selection board to recommend officers
of that armed force--
``(1) for continuation on the reserve active-status list
under section 14701 of this title;
``(2) for selective early removal from the reserve active-
status list under section 14704 of this title; or
``(3) for selective early retirement under section 14705 of
this title.
A selection board convened under this subsection shall be
known as a `continuation board'.
``Sec. 14102. Selection boards: appointment and composition
``(a) Appointment.--Members of selection boards convened
under section 14101 of this title shall be appointed by the
Secretary of the military department concerned in accordance
with this section. Promotion boards and special selection
boards shall consist of five or more officers. Continuation
boards shall consist of three or more officers. All of the
officers of any such selection board shall be of the same
armed force as the officers under consideration by the board.
``(b) Composition.--At least one-half of the members of
such a selection board shall be reserve officers, to include
at least one reserve officer from each reserve component from
which officers are to be considered by the board. Each member
of a selection board must hold a permanent grade higher than
the grade of the officers under consideration by the board,
and no member of a board may hold a grade below major or
lieutenant commander.
``(c) Representation of Competitive Categories.--(1) Except
as provided in paragraph (2), a selection board shall include
at least one officer from each competitive category of
officers to be considered by the board.
``(2) A selection board need not include an officer from a
competitive category to be considered by the board if there
is no officer of that competitive category on the reserve
active-status list or the active-duty list in a permanent
grade higher than the grade of the officers to be considered
by the board and otherwise eligible to serve on the board.
However, in such a case, the Secretary of the military
department concerned, in his discretion, may appoint as a
member of the board a retired officer of that competitive
category who is in the same armed force as the officers under
consideration by the board who holds a higher grade than the
grade of the officers under consideration.
``(d) Prohibition of Service on Consecutive Promotion
Boards.--No officer may be a member of two successive
promotion boards convened under section 14101(a) of this
title for the consideration of officers of the same
competitive category and grade if the second of the two
boards is to consider any officer who was considered and not
recommended for promotion to the next higher grade by the
first of the two boards.
``Sec. 14103. Oath of members
``Each member of a selection board convened under section
14101 of this title shall take an oath to perform the duties
of a member of the board without prejudice or partiality,
having in view both the special fitness of officers and the
efficiency of the member's armed force.
``Sec. 14104. Confidentiality of board proceedings
``Except as otherwise authorized or required by law, the
proceedings of a selection board convened under section 14101
of this title may not be disclosed to any person not a member
of the board.
``Sec. 14105. Notice of convening of promotion board
``(a) Required Notice.--At least 30 days before a promotion
board is convened under section 14101(a) of this title to
consider officers in a grade and competitive category for
promotion to the next higher grade, the Secretary concerned
shall either (1) notify in writing the officers eligible for
consideration by the board for promotion regarding the
convening of the board, or (2) issue a general written notice
to the armed force concerned regarding the convening of the
board.
``(b) Content of Notice.--A notice under subsection (a)
shall include the date on which the board is to convene and
(except in the case of a vacancy promotion board) the name
and date of rank of the junior officer, and of the senior
officer, in the promotion zone as of the date of the notice.
``Sec. 14106. Communication with board by officers under
consideration
``Subject to regulations prescribed by the Secretary of the
military department concerned, an officer eligible for
consideration by a promotion board convened under section
14101(a) of this title who is in the promotion zone or above
the promotion zone, or who is to be considered by a vacancy
promotion board, may send a written communication to the
board calling attention to any matter concerning the officer
which the officer considers important to the officer's case.
Any such communication shall be sent so as to arrive not
later than the date on which the board convenes. The board
shall give consideration to any timely communication under
this section.
``Sec. 14107. Information furnished by the Secretary
concerned to promotion boards
``(a) Integrity of the Promotion Selection Board Process.--
(1) The Secretary of Defense shall prescribe regulations
governing information furnished to selection boards convened
under section 14101(a) of this title. Those regulations shall
apply uniformly among the military departments. Any
regulations prescribed by the Secretary of a military
department to supplement those regulations may not take
effect without the approval of the Secretary of Defense in
writing.
``(2) No information concerning a particular eligible
officer may be furnished to a selection board except for the
following:
``(A) Information that is in the officer's official
military personnel file and that is provided to the selection
board in accordance with the regulations prescribed by the
Secretary of Defense pursuant to paragraph (1).
``(B) Other information that is determined by the Secretary
of the military department concerned, after review by that
Secretary in accordance with standards and procedures set out
in the regulations prescribed by the Secretary of Defense
pursuant to paragraph (1), to be substantiated, relevant
information that could reasonably and materially affect the
deliberations of the promotion board.
[[Page 1041]]
``(C) Subject to such limitations as may be prescribed in
those regulations, information communicated to the board by
the officer in accordance with this section, section 14106 of
this title (including any comment on information referred to
in subparagraph (A) regarding that officer), or other
applicable law.
``(D) A factual summary of the information described in
subparagraphs (A), (B), and (C) that, in accordance with the
regulations prescribed pursuant to paragraph (1) is prepared
by administrative personnel for the purpose of facilitating
the work of the selection board.
``(3) Information provided to a promotion board in
accordance with paragraph (2) shall be made available to all
members of the board and shall be made a part of the record
of the board. Communication of such information shall be in a
written form or in the form of an audio or video recording.
If a communication is in the form of an audio or video
recording, a written transcription of the recording shall
also be made a part of the record of the promotion board.
``(4) Paragraphs (2) and (3) do not apply to the furnishing
of appropriate administrative processing information to the
promotion board by an administrative staff designated to
assist the board, but only to the extent that oral
communications are necessary to facilitate the work of the
board.
``(5) Information furnished to a promotion board that is
described in subparagraph (B), (C), or (D) of paragraph (2)
may not be furnished to a later promotion board unless--
``(A) the information has been properly placed in the
official military personnel file of the officer concerned; or
``(B) the information is provided to the later selection
board in accordance with paragraph (2).
``(6)(A) Before information described in paragraph (2)(B)
regarding an eligible officer is furnished to a selection
board, the Secretary of the military department concerned
shall ensure--
``(i) that such information is made available to such
officer; and
``(ii) that the officer is afforded a reasonable
opportunity to submit comments on that information to the
promotion board.
``(B) If an officer cannot be given access to the
information referred to in subparagraph (A) because of its
classification status, the officer shall, to the maximum
extent practicable, be furnished an appropriate summary of
the information.
``(b) Information To Be Furnished.--The Secretary of the
military department concerned shall furnish to a promotion
board convened under section 14101(a) of this title the
following:
``(1) In the case of a mandatory promotion board, the
maximum number (as determined in accordance with section
14307 of this title) of officers in each competitive category
under consideration that the board is authorized to recommend
for promotion to the next higher grade.
``(2) The name of each officer in each competitive category
under consideration who is to be considered by the board for
promotion.
``(3) The pertinent records (as determined by the
Secretary) of each officer whose name is furnished to the
board.
``(4) Information or guidelines relating to the needs of
the armed force concerned for officers having particular
skills, including (except in the case of a vacancy promotion
board) guidelines or information relating to either a minimum
number or a maximum number of officers with particular skills
within a competitive category.
``(5) Such other information or guidelines as the Secretary
concerned may determine to be necessary to enable the board
to perform its functions.
``(c) Limitation on Modifying Furnished Information.--
Information or guidelines furnished to a selection board
under subsection (a) may not be modified, withdrawn, or
supplemented after the board submits its report to the
Secretary of the military department concerned pursuant to
section 14109(a) of this title. However, in the case of a
report returned to a board pursuant to section 14110(a) of
this title for further proceedings because of a determination
by the Secretary of the military department concerned that
the board acted contrary to law, regulation, or guidelines,
the Secretary may modify, withdraw, or supplement such
information or guidelines as part of a written explanation to
the board as provided in that section.
``(d) Officers in Health-Professions Competitive
Categories.--The Secretary of each military department, under
uniform regulations prescribed by the Secretary of Defense,
shall include in guidelines furnished to a promotion board
convened under section 14101(a) of this title that is
considering officers in a health-professions competitive
category for promotion to a grade below colonel or, in the
case of officers of the Naval Reserve, captain, a direction
that the board give consideration to an officer's clinical
proficiency and skill as a health professional to at least as
great an extent as the board gives to the officer's
administrative and management skills.
``Sec. 14108. Recommendations by promotion boards
``(a) Recommendation of Best Qualified Officers.--A
promotion board convened under section 14101(a) of this title
shall recommend for promotion to the next higher grade those
officers considered by the board whom the board considers
best qualified for promotion within each competitive category
considered by the board or, in the case of a vacancy
promotion board, among those officers considered to fill a
vacancy. In determining those officers who are best qualified
for promotion, the board shall give due consideration to the
needs of the armed force concerned for officers with
particular skills (as noted in the guidelines or information
furnished the board under sections 14107 of this title).
``(b) Majority Required.--A promotion board convened under
section 14101(a) of this title may not recommend an officer
for promotion unless--
``(1) the officer receives the recommendation of a majority
of the members of the board; and
``(2) a majority of the members of the board finds that the
officer is fully qualified for promotion.
``(c) Board Recommendation Required for Promotion.--Except
as otherwise provided by law, an officer on the reserve
active-status list may not be promoted to a higher grade
under chapter 1405 of this title unless the officer is
considered and recommended for promotion to that grade by a
promotion board convened under section 14101(a) of this title
(or by a special selection board convened under section 14502
of this title).
``(d) Disclosure of Board Recommendations.--The
recommendations of a promotion board may be disclosed only in
accordance with regulations prescribed by the Secretary of
Defense. Those recommendations may not be disclosed to a
person not a member of the board (or a member of the
administrative staff designated by the Secretary concerned to
assist the board) until the written report of the
recommendations of the board, required by section 14109 of
this title, is signed by each member of the board.
``(e) Prohibition of Coercion and Unauthorized Influence of
Actions of Board Members.--The Secretary convening a
promotion board under section 14101(a) of this title, and an
officer or other official exercising authority over any
member of a selection board, may not--
``(1) censure, reprimand, or admonish the selection board
or any member of the board with respect to the
recommendations of the board or the exercise of any lawful
function within the authorized discretion of the board; or
``(2) attempt to coerce or, by any unauthorized means,
influence any action of a promotion board or any member of a
promotion board in the formulation of the board's
recommendations.
``Sec. 14109. Reports of promotion boards: in general
``(a) Report of Officers Recommended for Promotion.--Each
promotion board convened under section 14101(a) of this title
shall submit to the Secretary of the military department
concerned a report in writing containing a list of the names
of the officers recommended by the board for promotion. The
report shall be signed by each member of the board.
``(b) Certification.--Each report under subsection (a)
shall include a certification--
``(1) that the board has carefully considered the record of
each officer whose name was furnished to the board; and
``(2) that, in the case of a promotion board convened under
section 14101(a) of this title, in the opinion of a majority
of the members of the board, the officers recommended for
promotion by the board are best qualified for promotion to
meet the needs of the armed force concerned (as noted in the
guidelines or information furnished the board under section
14107 of this title) among those officers whose names were
furnished to the selection board.
``(c) Show-Cause Recommendations.--(1) A promotion board
convened under section 14101(a) of this title shall include
in its report to the Secretary concerned the name of any
reserve officer before it for consideration for promotion
whose record, in the opinion of a majority of the members of
the board, indicates that the officer should be required to
show cause for retention in an active status.
``(2) If such a report names an officer as having a record
which indicates that the officer should be required to show
cause for retention, the Secretary concerned may provide for
the review of the record of that officer as provided under
regulations prescribed under section 14902 of this title.
``Sec. 14110. Reports of promotion boards: review by
Secretary
``(a) Review of Report.--Upon receipt of the report of a
promotion board submitted under section 14109(a) of this
title, the Secretary of the military department concerned
shall review the report to determine whether the board has
acted contrary to law or regulation or to guidelines
furnished the board under section 14107(a) of this title.
Following that review, unless the Secretary concerned makes a
determination as described in subsection (b), the Secretary
shall submit the report as required by section 14111 of this
title.
``(b) Return of Report for Further Proceedings.--If, on the
basis of a review of the report under subsection (a), the
Secretary of the military department concerned determines
that the board acted contrary to law or regulation or to
guidelines furnished the board under section 14107(a) of this
title, the Secretary shall return the report, together with a
written explanation of the basis for such determination, to
the board for further proceedings. Upon receipt of a report
returned by the Secretary concerned under this subsection,
the selection board (or a subsequent selection board convened
under section 14101(a) of this title for the same
[[Page 1042]]
grade and competitive category) shall conduct such
proceedings as may be necessary in order to revise the report
to be consistent with law, regulation, and such guidelines
and shall resubmit the report, as revised, to the Secretary
in accordance with section 14109 of this title.
``Sec. 14111. Reports of selection boards: transmittal to
President
``(a) Transmittal to President.--The Secretary concerned,
after final review of the report of a selection board under
section 14110 of this title, shall submit the report with the
Secretary's recommendations, to the Secretary of Defense for
transmittal by the Secretary to the President for approval or
disapproval. If the authority of the President to approve or
disapprove the report of a promotion board is delegated to
the Secretary of Defense, that authority may not be
redelegated except to an official in the Office of the
Secretary of Defense.
``(b) Removal of Name From Board Report.--The name of an
officer recommended for promotion by a selection board may be
removed from the report of the selection board only by the
President.
``(c) Recommendations for Removal of Selected Officers From
Report.--If the Secretary of a military department or the
Secretary of Defense makes a recommendation under this
section that the name of an officer be removed from the
report of a promotion board and the recommendation is
accompanied by information that was not presented to that
promotion board, that information shall be made available to
that officer. The officer shall then be afforded a reasonable
opportunity to submit comments on that information to the
officials making the recommendation and the officials
reviewing the recommendation. If an eligible officer cannot
be given access to such information because of its
classification status, the officer shall, to the maximum
extent practicable, be provided with an appropriate summary
of the information.
``Sec. 14112. Dissemination of names of officers selected
``Upon approval by the President of the report of a
promotion board, the names of the officers recommended for
promotion by the promotion board (other than any name removed
by the President) may be disseminated to the armed force
concerned. If those names have not been sooner disseminated,
those names (other than the name of any officer whose
promotion the Senate failed to confirm) shall be promptly
disseminated to the armed force concerned upon confirmation
by the Senate.
``CHAPTER 1405--PROMOTIONS
``Sec.
``14301. Eligibility for consideration for promotion: general rules.
``14302. Promotion zones.
``14303. Eligibility for consideration for promotion: minimum years of
service in grade.
``14304. Eligibility for consideration for promotion: maximum years of
service in grade.
``14305. Establishment of promotion zones: mandatory consideration for
promotion.
``14306. Establishment of promotion zones: Naval Reserve and Marine
Corps Reserve running mate system.
``14307. Numbers of officers to be recommended for promotion.
``14308. Promotions: how made.
``14309. Acceptance of promotion: oath of office.
``14310. Removal of officers from a list of officers recommended for
promotion.
``14311. Delay of promotion: involuntary.
``14312. Delay of promotion: voluntary.
``14313. Authority to vacate promotions to grade of brigadier general
or rear admiral (lower half).
``14314. Army and Air Force commissioned officers: generals ceasing to
occupy positions commensurate with grade; state adjutants
general.
``14315. Position vacancy promotions: Army and Air Force officers.
``14316. Army National Guard and Air National Guard: appointment to and
Federal recognition in a higher reserve grade after
selection for promotion.
``14317. Officers in transition to and from the active-status list or
active-duty list.
``Sec. 14301. Eligibility for consideration for promotion:
general rules
``(a) One-Year Rule.--An officer is eligible under this
chapter for consideration for promotion by a promotion board
convened under section 14101(a) of this title only if--
``(1) the officer is on the reserve active-status list of
the Army, Navy, Air Force, or Marine Corps; and
``(2) during the one-year period ending on the date of the
convening of the promotion board the officer has continuously
performed service on either the reserve active-status list or
the active-duty list (or on a combination of both lists).
``(b) Requirement for Consideration of All Officers In and
Above the Zone.--Whenever a promotion board (other than a
vacancy promotion board) is convened under section 14101(a)
of this title for consideration of officers in a competitive
category who are eligible under this chapter for
consideration for promotion to the next higher grade, each
officer in the promotion zone, and each officer above the
promotion zone, for that grade and competitive category shall
be considered for promotion.
``(c) Previously Selected Officers Not Eligible To Be
Considered.--A promotion board convened under section
14101(a) of this title may not consider for promotion to the
next higher grade--
``(1) an officer whose name is on a promotion list for that
grade as a result of recommendation for promotion to that
grade by an earlier selection board convened under that
section or section 14502 of this title or under chapter 36 of
this title;
``(2) an officer who has been approved for Federal
recognition by a board convened under section 307 of title 32
and nominated by the President for promotion to the next
higher grade as a reserve of the Army or of the Air Force as
the case may be; or
``(3) an officer who has been nominated by the President
for promotion to the next higher grade under any other
provision of law.
``(d) Officers Below the Zone.--The Secretary of the
military department concerned may, by regulation, prescribe
procedures to limit the officers to be considered by a
selection board from below the promotion zone to those
officers who are determined to be exceptionally well
qualified for promotion. The regulations shall include
criteria for determining which officers below the promotion
zone are exceptionally well qualified for promotion.
``(e) Reserve Officers of the Army; Consideration for
Brigadier General and Major General.--In the case of officers
of the Army, if the Secretary of the Army determines that
vacancies are authorized or anticipated in the reserve grades
of major general or brigadier general for officers who are on
the reserve active-status list and who are not assigned to
units organized to serve as a unit and the Secretary convenes
a mandatory promotion board under section 14101(a) of this
title to consider officers for promotion to fill such
vacancies, the Secretary may limit the officers to be
considered by that board to those determined to be
exceptionally well qualified for promotion under such
criteria and procedures as the Secretary may by regulation
prescribe.
``(f) Certain Reserve Officers of the Air Force.--A reserve
officer of the Air Force who (1) is in the Air National Guard
of the United States and holds the grade of lieutenant
colonel, colonel, or brigadier general, or (2) is in the Air
Force Reserve and holds the grade of colonel or brigadier
general, is not eligible for consideration for promotion by a
mandatory promotion board convened under section 14101(a) of
this title.
``(g) Nonconsideration of Officers Scheduled for Removal
From Reserve Active-Status List.--The Secretary of the
military department concerned may, by regulation, provide for
the exclusion from consideration for promotion by a promotion
board of any officer otherwise eligible to be considered by
the board who has an established date for removal from the
reserve active-status list that is not more than 90 days
after the date on which the selection board for which the
officer would otherwise be eligible is to be convened.
``Sec. 14302. Promotion zones
``(a) Promotion Zones Generally.--For purposes of this
chapter, a promotion zone is an eligibility category for the
consideration of officers by a mandatory promotion board. A
promotion zone consists of those officers on the reserve
active-status list who are in the same grade and competitive
category and who meet the requirements of both paragraphs (1)
and (2) or the requirements of paragraph (3), as follows:
``(1)(A) In the case of officers in grades below colonel,
for reserve officers of the Army, Air Force, and Marine
Corps, or captain, for officers of the Naval Reserve, those
who have neither (i) failed of selection for promotion to the
next higher grade, nor (ii) been removed from a list of
officers recommended for promotion to that grade.
``(B) In the case of officers in the grade of colonel or
brigadier general, for reserve officers of the Army and
Marine Corps, or in the grade of captain or rear admiral
(lower half), for reserve officers of the Navy, those who
have neither (i) been recommended for promotion to the next
higher grade when considered in the promotion zone, nor (ii)
been removed from a list of officers recommended for
promotion to that grade.
``(2) Those officers who are senior to the officer
designated by the Secretary of the military department
concerned to be the junior officer in the promotion zone
eligible for consideration for promotion to the next higher
grade and the officer so designated.
``(3) Those officers who--
``(A) have been selected from below the zone for promotion
to the next higher grade or by a vacancy promotion board, but
whose names were removed from the list of officers
recommended for promotion to that next higher grade resulting
from that selection;
``(B) have not failed of selection for promotion to that
next higher grade; and
``(C) are senior to the officer designated by the Secretary
of the military department concerned to be the junior officer
in the promotion zone eligible for consideration for
promotion to that next higher grade and the officer so
designated.
``(b) Officers Above the Zone.--Officers on the reserve
active-status list are considered to be above the promotion
zone for a grade and competitive category if they--
``(1) are eligible for consideration for promotion to the
next higher grade;
[[Page 1043]]
``(2) are in the same grade as those officers in the
promotion zone for that competitive category; and
``(3) are senior to the senior officer in the promotion
zone for that competitive category.
``(c) Officers Below the Zone.--Officers on the reserve
active-status list are considered to be below the promotion
zone for a grade and competitive category if they--
``(1) are eligible for consideration for promotion to the
next higher grade;
``(2) are in the same grade as those officers in the
promotion zone for that competitive category; and
``(3) are junior to the junior officer in the promotion
zone for that competitive category.
``Sec. 14303. Eligibility for consideration for promotion:
minimum years of service in grade
``(a) Officers in Pay Grades O-1 and O-2.--An officer who
is on the reserve active-status list of the Army, Navy, Air
Force, or Marine Corps and holds a permanent appointment in
the grade of second lieutenant or first lieutenant as a
reserve officer of the Army, Air Force, or Marine Corps, or
in the grade of ensign or lieutenant (junior grade) as a
reserve officer of the Navy, may not be promoted to the next
higher grade, or granted Federal recognition in that grade,
until the officer has completed the following years of
service in grade:
``(1) Eighteen months, in the case of an officer holding a
permanent appointment in the grade of second lieutenant or
ensign.
``(2) Two years, in the case of an officer holding a
permanent appointment in the grade of first lieutenant or
lieutenant (junior grade).
``(b) Officers in Pay Grades O-3 and Above.--Subject to
subsection (d), an officer who is on the reserve active-
status list of the Army, Air Force, or Marine Corps and holds
a permanent appointment in a grade above first lieutenant, or
who is on the reserve active-status list of the Navy in a
grade above lieutenant (junior grade), may not be considered
for selection for promotion to the next higher grade, or
examined for Federal recognition in the next higher grade,
until the officer has completed the following years of
service in grade:
``(1) Three years, in the case of an officer of the Army,
Air Force, or Marine Corps holding a permanent appointment in
the grade of captain, major, or lieutenant colonel or in the
case of a reserve officer of the Navy holding a permanent
appointment in the grade of lieutenant, lieutenant commander,
or commander.
``(2) One year, in the case of an officer of the Army, Air
Force, or Marine Corps holding a permanent appointment in the
grade of colonel or brigadier general or in the case of a
reserve officer of the Navy holding a permanent appointment
in the grade of captain or rear admiral (lower half).
This subsection does not apply to an adjutant general or
assistant adjutant general of a State or to an appointment in
a higher grade which is based upon a specific provision of
law.
``(c) Authority To Lengthen Minimum Period in Grade.--The
Secretary concerned may prescribe a period of service in
grade for eligibility for promotion, in the case of officers
to whom subsection (a) applies, or for eligibility for
consideration for promotion, in the case of officers to whom
subsection (b) applies, that is longer than the applicable
period specified in that subsection.
``(d) Waivers To Ensure Two Below-the-Zone
Considerations.--Subject to section 14307(b) of this title,
the Secretary of the military department concerned may waive
subsection (b) to the extent necessary to ensure that
officers described in paragraph (1) of that subsection have
at least two opportunities for consideration for promotion to
the next higher grade as officers below the promotion zone.
``Sec. 14304. Eligibility for consideration for promotion:
maximum years of service in grade
``(a) Consideration for Promotion Within Specified Times.--
(1) Officers described in paragraph (3) shall be placed in
the promotion zone for that officer's grade and competitive
category, and shall be considered for promotion to the next
higher grade by a promotion board convened under section
14101(a) of this title, far enough in advance of completing
the years of service in grade specified in the following
table so that, if the officer is recommended for promotion,
the promotion may be effective on or before the date on which
the officer will complete those years of service.
Maximum years of
``Current Grade service in grade
``First lieutenant or Lieutenant (junior grade).............5 years
``Captain or Navy Lieutenant................................7 years
``Major or Lieutenant commander.............................7 years
``(2) Paragraph (1) is subject to subsections (a), (b), and
(c) of section 14301 of this title and applies without regard
to vacancies.
``(3) Paragraph (1) applies to an officer who is on the
reserve active-status list of the Army, Navy, Air Force, or
Marine Corps and who holds a permanent appointment in the
grade of first lieutenant, captain, or major as a reserve of
the Army, Air Force, or Marine Corps, or to an officer on the
reserve active-status list of the Navy in the grade of
lieutenant (junior grade), lieutenant, or lieutenant
commander as a reserve of the Navy, and who, while holding
that appointment, has not been considered by a selection
board convened under section 14101(a) or 14502 of this title
for promotion to the next higher grade.
``(b) Promotion Date.--An officer holding a permanent grade
specified in the table in subsection (a) who is recommended
for promotion to the next higher grade by a selection board
the first time the officer is considered for promotion while
in or above the promotion zone and who is placed on an
approved promotion list established under section 14308(a) of
this title shall (if not promoted sooner or removed from that
list by the President or by reason of declination) be
promoted, without regard to the existence of a vacancy, on
the date on which the officer completes the maximum years of
service in grade specified in subsection (a). The preceding
sentence is subject to the limitations of section 12011 of
this title.
``(c) Waiver Authority for Navy and Marine Corps Running
Mate System.--If the Secretary of the Navy establishes
promotion zones for officers on the reserve active-status
list of the Navy or the Marine Corps Reserve in accordance
with a running mate system under section 14306 of this title,
the Secretary may waive the requirements of subsection (a) to
the extent the Secretary considers necessary in any case in
which the years of service for promotion, or for
consideration for promotion, within those zones will exceed
the maximum years of service in grade specified in subsection
(a).
``Sec. 14305. Establishment of promotion zones: mandatory
consideration for promotion
``(a) Establishment of Zone.--Before convening a mandatory
promotion board under section 14101(a) of this title, the
Secretary of the military department concerned shall
establish a promotion zone for officers serving in each grade
and competitive category to be considered by the board.
``(b) Number in the Zone.--The Secretary concerned shall
determine the number of officers in the promotion zone for
officers serving in any grade and competitive category from
among officers who are eligible for promotion in that grade
and competitive category under the provisions of sections
14303 and 14304 of this title and who are otherwise eligible
for promotion.
``(c) Factors in Determining Number in the Zone.--The
Secretary's determination under subsection (b) shall be made
on the basis of an estimate of the following:
``(1) The number of officers needed in that competitive
category in the next higher grade in each of the next five
years.
``(2) In the case of a promotion zone for officers to be
promoted to a grade to which the maximum years of in grade
criteria established in section 14304 of this title apply,
the number of officers in that competitive category who are
required to be considered for selection for promotion to the
next higher grade under that section.
``(3) The number of officers that should be placed in the
promotion zone in each of the next five years to provide to
officers in those years relatively similar opportunities for
promotion.
``Sec. 14306. Establishment of promotion zones: Naval Reserve
and Marine Corps Reserve running mate system
``(a) Authority of Secretary of the Navy.--The Secretary of
the Navy may by regulation implement section 14305 of this
title by requiring that the promotion zone for consideration
of officers on the reserve active-status list of the Navy or
the Marine Corps for promotion to the next higher grade be
determined in accordance with a running mate system as
provided in subsection (b).
``(b) Assignment of Running Mates.--An officer to whom a
running mate system applies shall be assigned as a running
mate an officer of the same grade on the active-duty list of
the same armed force. The officer on the reserve active-
status list is in the promotion zone and is eligible for
consideration for promotion to the next higher grade by a
selection board convened under section 14101(a) of this title
when that officer's running mate is in or above the promotion
zone established for that officer's grade under chapter 36 of
this title.
``(c) Consideration of Officers Below the Zone Under a
Running Mate System.--If the Secretary of the Navy authorizes
the selection of officers for promotion from below the
promotion zone in accordance with section 14307 of this
title, the number of officers to be considered from below the
zone may be established through the application of the
running mate system or otherwise as the Secretary determines
to be appropriate to meet the needs of the Navy or Marine
Corps.
``Sec. 14307. Number of officers to be recommended for
promotion
``(a) Determination of Maximum Number.--Before convening a
promotion board under section 14101(a) of this title for a
grade and competitive category (other than a vacancy
promotion board), the Secretary of the military department
concerned, under regulations prescribed by the Secretary of
Defense, shall determine the maximum number of officers in
that grade and competitive category that the board may
recommend for promotion. The Secretary shall make the
determination under the preceding sentence of the maximum
number that may be recommended with a view to having on the
reserve active-status list a sufficient number of officers in
each grade and competitive category to meet the needs of the
armed force concerned for officers on that list. In order to
make that determination, the Secretary shall determine (1)
the number of positions needed to accomplish mission
objectives
[[Page 1044]]
which require officers of such competitive category in the
grade to which the board will recommend officers for
promotion, (2) the estimated number of officers needed to
fill vacancies in such positions during the period in which
it is anticipated that officers selected for promotion will
be promoted, (3) the number of officers authorized by the
Secretary of the military department concerned to serve on
the reserve active-status list in the grade and competitive
category under consideration, and (4) any statutory
limitation on the number of officers in any grade or category
(or combination thereof) authorized to be on the reserve
active-status list.
``(b) Below-the-Zone Selections.--(1) The Secretary of the
military department concerned may, when the needs of the
armed force concerned require, authorize the consideration of
officers in the grade of captain, major, or lieutenant
colonel on the reserve active-status list of the Army or Air
Force, in a grade above first lieutenant on the reserve
active-status list of the Marine Corps, or in a grade above
lieutenant (junior grade) on the reserve active-status list
of the Navy, for promotion to the next higher grade from
below the promotion zone.
``(2) When selection from below the promotion zone is
authorized, the Secretary shall establish the number of
officers that may be recommended for promotion from below the
promotion zone in each competitive category to be considered.
That number may not exceed the number equal to 10 percent of
the maximum number of officers that the board is authorized
to recommend for promotion in such competitive category,
except that the Secretary of Defense may authorize a greater
number, not to exceed 15 percent of the total number of
officers that the board is authorized to recommend for
promotion, if the Secretary of Defense determines that the
needs of the armed force concerned so require. If the maximum
number determined under this paragraph is less than one, the
board may recommend one officer for promotion from below the
promotion zone.
``(3) The number of officers recommended for promotion from
below the promotion zone does not increase the maximum number
of officers that the board is authorized to recommend for
promotion under subsection (a).
``Sec. 14308. Promotions: how made
``(a) Promotion List.--When the report of a selection board
convened under section 14101(a) or 14502 of this title is
approved by the President, the Secretary of the military
department concerned shall place the names of all officers
selected for promotion within a competitive category on a
single list for that competitive category, to be known as a
promotion list, in the order of seniority of those officers
on the reserve active-status list.
``(b) Promotion; How Made; Order.--(1) Officers on a
promotion list for a competitive category shall be promoted
in the manner specified in section 12203 of this title.
``(2) Officers on a promotion list for a competitive
category shall be promoted to the next higher grade in
accordance with regulations prescribed by the Secretary of
the military department concerned. Except as provided in
section 14311, 14312, or 14502(e) of this title or in
subsection (d) or (e), promotions shall be made in the order
in which the names of officers appear on the promotion list
and after officers previously selected for promotion in that
competitive category have been promoted.
``(3) Officers to be promoted to the grade of first
lieutenant or lieutenant (junior grade) shall be promoted in
accordance with regulations prescribed by the Secretary of
the military department concerned.
``(c) Date of Rank.--(1) The date of rank of an officer
appointed to a higher grade under this section is determined
under section 741(d)(2) of this title.
``(2) Except as specifically authorized by law, a reserve
officer is not entitled to additional pay or allowances if
the effective date of the officer's promotion is adjusted to
reflect a date earlier than the actual date of the officer's
promotion.
``(d) Officers With Running Mates.--An officer to whom a
running mate system applies under section 14306 of this title
and who is selected for promotion is eligible for promotion
to the grade for which selected when the officer who is that
officer's running mate becomes eligible for promotion under
chapter 36 of this title. The effective date of the promotion
of that officer shall be the same as that of the officer's
running mate in the grade to which the running mate is
promoted.
``(e) Army Reserve and Air Force Reserve Promotions To Fill
Vacancies.--Subject to this section and to section 14311(e)
of this title, and under regulations prescribed by the
Secretary of the military department concerned--
``(1) an officer in the Army Reserve or the Air Force
Reserve who is on a promotion list as a result of selection
for promotion by a mandatory promotion board convened under
section 14101(a) of this title or a board convened under
section 14502 or chapter 36 of this title may be promoted at
any time to fill a vacancy in a position to which the officer
is assigned; and
``(2) an officer in the Army Reserve or the Air Force
Reserve who is on a promotion list as a result of selection
for promotion by a vacancy promotion board convened under
section 14101(a) of this title may be promoted at any time to
fill the vacancy for which the officer was selected.
``(f) Effective Date of Promotion After Federal
Recognition.--The effective date of a promotion of a reserve
commissioned officer of the Army or the Air Force who is
extended Federal recognition in the next higher grade in the
Army National Guard or the Air National Guard under section
307 or 310 of title 32 shall be the date on which such
Federal recognition in that grade is so extended.
``(g) Army and Air Force General Officer Promotions.--A
reserve officer of the Army who is on a promotion list for
promotion to the grade of brigadier general or major general
as a result of selection by a vacancy promotion board may be
promoted to that grade only to fill a vacancy in that grade
in a unit of the Army Reserve that is organized to serve as a
unit and that has attained the strength prescribed by the
Secretary of the Army. A reserve officer of the Air Force who
is on a promotion list for promotion to the grade of
brigadier general or major general as a result of selection
by a vacancy promotion board may be promoted to that grade
only to fill a vacancy in the Air Force Reserve in that
grade.
``Sec. 14309. Acceptance of promotion; oath of office
``(a) Acceptance.--An officer who is appointed to a higher
grade under this chapter shall be considered to have accepted
the appointment on the date on which the appointment is made
unless the officer expressly declines the appointment or is
granted a delay of promotion under section 14312 of this
title.
``(b) Oath.--An officer who has served continuously since
taking the oath of office prescribed in section 3331 of title
5 is not required to take a new oath upon appointment to a
higher grade under this chapter.
``Sec. 14310. Removal of officers from a list of officers
recommended for promotion
``(a) Removal by President.--The President may remove the
name of any officer from a promotion list at any time before
the date on which the officer is promoted.
``(b) Removal for Withholding of Senate Advice and
Consent.--If the Senate does not give its advice and consent
to the appointment to the next higher grade of an officer
whose name is on a list of officers approved by the President
for promotion (except in the case of promotions to a reserve
grade to which appointments may be made by the President
alone), the name of that officer shall be removed from the
list.
``(c) Continued Eligibility for Promotion.--An officer
whose name is removed from a list under subsection (a) or (b)
continues to be eligible for consideration for promotion. If
that officer is recommended for promotion by the next
selection board convened for that officer's grade and
competitive category and the officer is promoted, the
Secretary of the military department concerned may, upon the
promotion, grant the officer the same date of rank, the same
effective date for the pay and allowances of the grade to
which promoted, and the same position on the reserve active-
status list, as the officer would have had if the officer's
name had not been removed from the list.
``Sec. 14311. Delay of promotion: involuntary
``(a) Delay During Investigations and Proceedings.--(1)
Under regulations prescribed by the Secretary of the military
department concerned, the appointment of an officer to a
higher grade may be delayed if any of the following applies
before the date on which the appointment would otherwise be
made:
``(A) Sworn charges against the officer have been received
by an officer exercising general court-martial jurisdiction
over the officer and the charges have not been disposed of.
``(B) An investigation is being conducted to determine
whether disciplinary action of any kind should be brought
against the officer.
``(C) A board of officers has been convened under section
14903 of this title to review the record of the officer.
``(D) A criminal proceeding in a Federal or State court of
competent jurisdiction is pending against the officer.
``(2) If disciplinary action is not taken against the
officer, if the charges against the officer are withdrawn or
dismissed, if the officer is not separated by the Secretary
of the military department concerned as the result of having
been required to show cause for retention, or if the officer
is acquitted of the charges, as the case may be, then (unless
action to delay the officer's appointment to the higher grade
has been taken under subsection (b)) the officer shall be
retained on the promotion list, list of officers found
qualified for Federal recognition, or list of officers
nominated by the President to the Senate for appointment in a
higher reserve grade and shall, upon promotion to the next
higher grade, have the same date of rank, the same effective
date for the pay and allowances of the grade to which
promoted, and the same position on the reserve active-status
list as the officer would have had if no delay had
intervened, unless the Secretary concerned determines that
the officer was unqualified for promotion for any part of the
delay. If the Secretary makes such a determination, the
Secretary may adjust such date of rank, effective date of pay
and allowances, and position on the reserve active-status
list as the Secretary considers appropriate under the
circumstances.
``(b) Delay for Lack of Qualifications.--Under regulations
prescribed by the Secretary of the military department
concerned, the appointment of an officer to a higher grade
may also be delayed if there is cause to believe that the
officer is mentally, physically, morally, or professionally
unqualified
[[Page 1045]]
to perform the duties of the grade to which selected. If the
Secretary concerned later determines that the officer is
qualified for promotion to the higher grade, the officer
shall be retained on the promotion list, the list of officers
found qualified for Federal recognition, or list of officers
nominated by the President to the Senate for appointment in a
higher reserve grade, and shall, upon promotion to that
grade, have the same date of rank, the same effective date
for pay and allowances of that grade, and the same position
on the reserve active-status list as the officer would have
had if no delay had intervened, unless the Secretary
concerned determines that the officer was unqualified for
promotion for any part of the delay. If the Secretary makes
such a determination, the Secretary may adjust such date of
rank, effective date of pay and allowances, and position on
the reserve active-status list as the Secretary considers
appropriate under the circumstances.
``(c) Notice to Officer.--(1) The appointment of an officer
to a higher grade may not be delayed under subsection (a) or
(b) unless the officer is given written notice of the grounds
for the delay. The preceding sentence does not apply if it is
impracticable to give the officer written notice before the
date on which the appointment to the higher grade would
otherwise take effect, but in such a case the written notice
shall be given as soon as practicable.
``(2) An officer whose promotion is delayed under
subsection (a) or (b) shall be given an opportunity to make a
written statement to the Secretary of the military department
concerned in response to the action taken. The Secretary
shall give consideration to any such statement.
``(d) Maximum Length of Delay in Promotion.--The
appointment of an officer to a higher grade may not be
delayed under subsection (a) or (b) for more than six months
after the date on which the officer would otherwise have been
promoted unless the Secretary concerned specifies a further
period of delay. An officer's appointment may not be delayed
more than 90 days after final action has been taken in any
criminal case against the officer in a Federal or State court
of competent jurisdiction or more than 90 days after final
action has been taken in any court-martial case against the
officer. Except for court action, a promotion may not be
delayed more than 18 months after the date on which the
officer would otherwise have been promoted.
``(e) Delay Because of Limitations on Officer Strength in
Grade or Duties to Which Assigned.--(1) Under regulations
prescribed by the Secretary of Defense, the promotion of a
reserve officer on the reserve active-status list who is
serving on active duty, or who is on full-time National Guard
duty for administration of the reserves or the National
Guard, to a grade to which the strength limitations of
section 12011 of this title apply shall be delayed if
necessary to ensure compliance with those strength
limitations. The delay shall expire when the Secretary
determines that the delay is no longer required to ensure
such compliance.
``(2) The promotion of an officer described in paragraph
(1) shall also be delayed while the officer is on duty
described in that paragraph unless the Secretary of the
military department concerned, under regulations prescribed
by the Secretary of Defense, determines that the duty
assignment of the officer requires a higher grade than the
grade currently held by the officer.
``(3) The date of rank and position on the reserve active-
status list of a reserve officer whose promotion to or
Federal recognition in the next higher grade was delayed
under paragraph (1) or (2) solely as the result of the
limitations imposed under the regulations prescribed by the
Secretary of Defense or contained in section 12011 of this
title shall be the date on which the officer would have been
promoted to or recognized in the higher grade had such
limitations not existed.
``(4) If an officer whose promotion is delayed under
paragraph (1) or (2) completes the period of active duty or
full-time National Guard duty that the officer is required by
law or regulation to perform as a member of a reserve
component, the officer may request release from active duty
or full-time National Guard duty. If the request is granted,
the officer's promotion shall be effective upon the officer's
release from such duty. The date of rank and position on the
reserve active-status list of the officer shall be the date
the officer would have been promoted to or recognized in the
higher grade had the limitations imposed under regulations
prescribed by the Secretary of Defense contained in section
12011 of this title not existed. If an officer whose
promotion is delayed under paragraph (1) or (2) has not
completed the period of active duty or full-time National
Guard duty that the officer is required by law or regulation
to perform as a member of a reserve component, the officer
may be retained on active duty or on full-time National Guard
duty in the grade in which the officer was serving before the
officer's being found qualified for Federal recognition or
the officer's selection for the promotion until the officer
completes that required period of duty.
``Sec. 14312. Delay of promotion: voluntary
``(a) Authority for Voluntary Delays.--(1) The Secretary of
the military department concerned may, by regulation, permit
delays of a promotion of an officer who is recommended for
promotion by a mandatory selection board convened under
section 14101(a) or a special selection board convened under
section 14502 of this title at the request of the officer
concerned. Such delays, in the case of any promotion, may
extend for any period not to exceed three years from the date
on which the officer would otherwise be promoted.
``(2) Regulations under this section shall provide that--
``(A) a request for such a delay of promotion must be
submitted by the officer concerned before the delay may be
approved; and
``(B) denial of such a request shall not be considered to
be a failure of selection for promotion unless the officer
declines to accept a promotion under circumstances set forth
in subsection (c).
``(b) Effect of Approval of Request.--If a request for
delay of a promotion under subsection (a) is approved, the
officer's name shall remain on the promotion list during the
authorized period of delay (unless removed under any other
provision of law). Upon the end of the period of the
authorized delay, or at any time during such period, the
officer may accept the promotion, which shall be effective on
the date of acceptance. Such an acceptance of a promotion
shall be made in accordance with regulations prescribed under
this section.
``(c) Effect of Declining a Promotion.--An officer's name
shall be removed from the promotion list and, if the officer
is serving in a grade below colonel or, in the case of the
Navy, captain, the officer shall be considered to have failed
of selection for promotion if any of the following applies:
``(1) The Secretary concerned has not authorized voluntary
delays of promotion under subsection (a) to the grade
concerned and the officer declines to accept an appointment
to a higher grade.
``(2) The Secretary concerned has authorized voluntary
delays of promotion under subsection (a), but has denied the
request of the officer for a delay of promotion and the
officer then declines to accept an appointment to a higher
grade.
``(3) The Secretary concerned has approved the request of
an officer for a delay of promotion and, upon the end of the
period of delay authorized in accordance with regulations
prescribed under subsection (a), the officer then declines to
accept an appointment to a higher grade.
``Sec. 14313. Authority to vacate promotions to grade of
brigadier general or rear admiral (lower half)
``(a) Authority.--The President may vacate the appointment
of a reserve officer to the grade of brigadier general or
rear admiral (lower half) if the period of time during which
the officer has served in that grade after promotion to that
grade is less than 18 months.
``(b) Effect of Promotion Being Vacated.--Except as
provided in subsection (c), an officer whose promotion to the
grade of brigadier general is vacated under this section
holds the grade of colonel as a reserve of the armed force of
which the officer is a member. An officer whose promotion to
the grade of rear admiral (lower half) is vacated under this
section holds the grade of captain in the Naval Reserve. Upon
assuming the lower grade, the officer shall have the same
position on the reserve active-status list as the officer
would have had if the officer had not served in the higher
grade.
``(c) Special Rule for Officers Serving as Adjutant
General.--In the case of an officer serving as an adjutant
general or assistant adjutant general whose promotion to the
grade of brigadier general is vacated under this section, the
officer then holds the reserve grade held by that officer
immediately before the officer's appointment as adjutant
general or assistant adjutant general.
``Sec. 14314. Army and Air Force commissioned officers:
generals ceasing to occupy positions commensurate with
grade; State adjutants general
``(a) General Officers.--Within 30 days after a reserve
officer of the Army or the Air Force on the reserve active-
status list in a general officer grade ceases to occupy a
position commensurate with that grade (or commensurate with a
higher grade), the Secretary concerned shall transfer or
discharge the officer in accordance with whichever of the
following the officer elects:
``(1) Transfer the officer in grade to the Retired Reserve,
if the officer is qualified and applies for the transfer.
``(2) Transfer the officer in grade to the inactive status
list of the Standby Reserve, if the officer is qualified.
``(3) Discharge the officer from the officer's reserve
appointment and, if the officer is qualified and applies
therefor, appoint the officer in the reserve grade held by
the officer as a reserve officer before the officer's
appointment in a general officer grade.
``(4) Discharge the officer from the officer's reserve
appointment.
``(b) Adjutants General.--If a reserve officer who is
federally recognized in the Army National Guard or the Air
National Guard solely because of the officer's appointment as
adjutant general or assistant adjutant general of a State
ceases to occupy that position, the Secretary concerned, not
later than 30 days after the date on which the officer ceases
to occupy that position, shall--
``(1) withdraw that officer's Federal recognition; and
``(2) require that the officer--
``(A) be transferred in grade to the Retired Reserve, if
the officer is qualified and applies for the transfer;
``(B) be discharged from the officer's reserve appointment
and appointed in the reserve grade held by the officer as a
reserve
[[Page 1046]]
officer of the Air Force immediately before the appointment
of that officer as adjutant general or assistant adjutant
general, if the officer is qualified and applies for that
appointment; or
``(C) be discharged from the officer's reserve appointment.
``(c) Credit for Service in Grade.--An officer who is
appointed under subsection (a)(3) or (b)(2)(B) shall be
credited with an amount of service in the grade in which
appointed that is equal to the amount of prior service in an
active status in that grade and in any higher grade.
``Sec. 14315. Position vacancy promotions: Army and Air Force
officers
``(a) Officers Eligible for Consideration For Vacancy
Promotions Below Brigadier General.--
A reserve officer of the Army who is in the Army Reserve, or
a Reserve officer of the Air Force who is in the Air Force
Reserve, who is on the reserve active-status list in the
grade of first lieutenant, captain, major, or lieutenant
colonel is eligible for consideration for promotion to the
next higher grade under this section if each of the following
applies:
``(1) The officer is occupying or, as determined by the
Secretary concerned, is available to occupy a position in the
same competitive category as the officer and for which a
grade higher than the one held by that officer is authorized.
``(2) The officer is fully qualified to meet all
requirements for the position as established by the Secretary
of the military department concerned.
``(3) The officer has held the officer's present grade for
the minimum period of service prescribed in section 14303 of
this title for eligibility for consideration for promotion to
the higher grade.
``(b) Consideration for Vacancy Promotion to Brigadier
General or Major General.--(1) A reserve officer of the Army
who is in the Army Reserve and on the reserve active-status
list in the grade of colonel or brigadier general may be
considered for promotion to the next higher grade under this
section if the officer (A) is assigned to the duties of a
general officer of the next higher reserve grade in a unit of
the Army Reserve organized to serve as a unit, (B) has held
the officer's present grade for the minimum period of service
prescribed in section 14303 of this title for eligibility for
consideration for promotion to the higher grade, and (C)
meets the standards for consideration prescribed by the
Secretary of the Army.
``(2) A reserve officer of the Air Force who is in the Air
Force Reserve and on the reserve active-status list in the
grade of colonel or brigadier general may be considered for
promotion to the next higher grade under this section if the
officer (A) is assigned to the duties of a general officer of
the next higher reserve grade, and (B) meets the standards
for consideration prescribed by the Secretary of the Air
Force.
``(c) Vacancy Promotion Boards.--Consideration for
promotion under this section shall be by a vacancy promotion
board convened under section 14101(a) of this title.
``(d) Effect of Nonselection.--An officer who is considered
for promotion under this section and is not selected shall
not be considered to have failed of selection for promotion.
``(e) Special Rule for Officers Failed of Selection.--A
reserve officer of the Army or the Air Force who is
considered as failed of selection for promotion under section
14501 of this title to a grade may be considered for
promotion under this section or, if selected, promoted to
that grade only if the Secretary of the military department
concerned finds that the officer is the only qualified
officer available to fill the vacancy. The Secretary
concerned may not delegate the authority under the preceding
sentence.
``Sec. 14316. Army National Guard and Air National Guard:
appointment to and Federal recognition in a higher reserve
grade after selection for promotion
``(a) Opportunity for Promotion To Fill a Vacancy in the
Guard.--If an officer of the Army National Guard of the
United States or the Air National Guard of the United States
is recommended by a mandatory selection board convened under
section 14101(a) or a special selection board convened under
section 14502 of this title for promotion to the next higher
grade, an opportunity shall be given to the appropriate
authority of the State to promote that officer to fill a
vacancy in the Army National Guard or the Air National Guard
of that jurisdiction.
``(b) Automatic Federal Recognition.--An officer of the
Army National Guard of the United States or the Air National
Guard of the United States who is on a promotion list for
promotion to the next higher grade as a result of selection
for promotion as described in subsection (a) and who before
the date of promotion is appointed in that higher grade to
fill a vacancy in the Army National Guard or Air National
Guard shall--
``(1) be extended Federal recognition in that grade,
without the examination prescribed in section 307 of title
32; and
``(2) subject to section 14311(e) of this title, be
promoted to that reserve grade effective on the date of the
officer's appointment in that grade in the Army National
Guard or Air National Guard.
``(c) National Guard Officers Failed of Selection.--An
officer who is considered as failed of selection for
promotion under section 14501 of this title to a grade may be
extended Federal recognition in that grade only if the
Secretary of the military department concerned finds that the
officer is the only qualified officer available to fill a
vacancy. The Secretary concerned may not delegate the
authority under the preceding sentence.
``(d) Transfer to Army Reserve or Air Force Reserve.--If,
on the date on which an officer of the Army National Guard of
the United States or of the Air National Guard of the United
States who is on a promotion list as described in subsection
(a) is to be promoted, the officer has not been promoted to
fill a vacancy in the higher grade in the Army National Guard
or the Air National Guard, the officer's Federal recognition
in the officer's reserve grade shall be withdrawn and the
officer shall be promoted and transferred to the Army Reserve
or the Air Force Reserve as appropriate.
``Sec. 14317. Officers in transition to and from the active-
status list or active-duty list
``(a) Effect of Transfer to Inactive Status or Retired
Status.--If a reserve officer on the reserve active-status
list is transferred to an inactive status or to a retired
status after having been recommended for promotion to a
higher grade under this chapter or chapter 36 of this title,
or after having been found qualified for Federal recognition
in the higher grade under title 32, but before being
promoted, the officer--
``(1) shall be treated as if the officer had not been
considered and recommended for promotion by the selection
board or examined and been found qualified for Federal
recognition; and
``(2) may not be placed on a promotion list or promoted to
the higher grade after returning to an active status,
unless the officer is again recommended for promotion by a
selection board convened under chapter 36 of this title or
section
14101(a) or 14502 of this title or examined for Federal
recognition under title 32.
``(b) Effect of Placement on Active-Duty List.--A reserve
officer who is on a promotion list as a result of selection
for promotion by a mandatory promotion board convened under
section 14101(a) or a special selection board convened under
section 14502 of this title and who before being promoted is
placed on the active-duty list of the same armed force and
placed in the same competitive category shall, under
regulations prescribed by the Secretary of Defense, be placed
on an appropriate promotion list for officers on the active-
duty list established under chapter 36 of this title.
``(c) Officers on a Promotion List Removed From Active-Duty
List.--An officer who is on the active-duty list and is on a
promotion list as the result of selection for promotion by a
selection board convened under chapter 36 of this title and
who before being promoted is removed from the active-duty
list and placed on the reserve active-status list of the same
armed force and in the same competitive category (including a
regular officer who on removal from the active-duty list is
appointed as a reserve officer and placed on the reserve
active-status list) shall, under regulations prescribed by
the Secretary of Defense, be placed on an appropriate
promotion list established under this chapter.
``(d) Officers Selected for Position Vacancies.--If a
reserve officer is ordered to active duty (other than active
duty for training) or full-time National Guard duty (other
than full-time National Guard duty for training only) after
being recommended for promotion under section 14314 of this
title to fill a position vacancy or examined for Federal
recognition under title 32, and before being promoted to fill
that vacancy, the officer shall not be promoted while serving
such active duty or full-time National Guard duty unless the
officer is ordered to active duty as a member of the unit in
which the vacancy exists when that unit is ordered to active
duty. If, under this subsection, the name of an officer is
removed from a list of officers recommended for promotion,
the officer shall be treated as if the officer had not been
considered for promotion or examined for Federal recognition.
``(e) Under regulations prescribed by the Secretary of the
military department concerned, a reserve officer who is not
on the active-duty list and who is ordered to active duty in
time of war or national emergency may, if eligible, be
considered for promotion by a mandatory promotion board
convened under section 14101(a) or a special selection board
convened under section 14502 of this title for not more than
two years from the date the officer is ordered to active duty
unless the President suspends the operation of this section
under the provisions of section 10213 or 644 of this title.
``CHAPTER 1407--FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY
SEPARATION
``Sec.
``14501. Failure of selection for promotion.
``14502. Special selection boards: correction of errors.
``14503. Discharge of officers with less than five years of
commissioned service or found not qualified for promotion
to first lieutenant or lieutenant (junior grade).
``14504. Effect of failure of selection for promotion: reserve first
lieutenants of the Army, Air Force, and Marine Corps and
reserve lieutenants (junior grade) of the Navy.
[[Page 1047]]
``14505. Effect of failure of selection for promotion: reserve captains
of the Army, Air Force, and Marine Corps and reserve
lieutenants of the Navy.
``14506. Effect of failure of selection for promotion: reserve majors
of the Army, Air Force, and Marine Corps and lieutenant
commanders of the Navy.
``14507. Removal from the active-status list for years of service:
reserve lieutenant colonels and colonels of the Army, Air
Force, and Marine Corps and reserve commanders and
captains of the Navy.
``14508. Removal from the reserve active-status list for years of
service: reserve general and flag officers.
``14509. Separation at age 60: reserve officers below brigadier general
or rear admiral (lower half).
``14510. Separation at age 60: reserve brigadier generals and rear
admirals (lower half).
``14511. Separation at age 62: major generals and rear admirals.
``14512. Separation at age 64: officers holding certain offices.
``14513. Separation for failure of selection of promotion.
``14514. Discharge or retirement for years of service or after
selection for early removal.
``14515. Discharge or retirement for age.
``14516. Separation to be considered involuntary.
``14517. Entitlement of officers discharged under this chapter to
separation pay.
``Sec. 14501. Failure of selection for promotion
``(a) An officer on the reserve active-status list in a
grade below the grade of colonel or, in the case of an
officer in the Naval Reserve, captain who is in or above the
promotion zone established for that officer's grade and
competitive category and who (1) is considered but not
recommended for promotion (other than by a vacancy promotion
board), or (2) declines to accept a promotion for which
selected (other than by a vacancy promotion board), shall be
considered to have failed of selection for promotion.
``(b) Officers Twice Failed of Selection.--An officer shall
be considered for all purposes to have twice failed of
selection for promotion if any of the following applies:
``(1) The officer is considered but not recommended for
promotion a second time by a mandatory promotion board
convened under section 14101(a) or a special selection board
convened under section 14502(a) of this title.
``(2) The officer declines to accept a promotion for which
recommended by a mandatory promotion board convened under
section 14101(a) or a special selection board convened under
section 14502(a) or 14502(b) of this title after previously
failing of selection or after the officer's name was removed
from the report of a selection board under section 14111(b)
or from a promotion list under section 14310 of this title
after recommendation for promotion by an earlier selection
board described in subsection (a).
``(3) The officer's name has been removed from the report
of a selection board under section 14111(b) or from a
promotion list under section 14310 of this title after
recommendation by a mandatory promotion board convened under
section 14101(a) or by a special selection board convened
under section 14502(a) or 14502(b) of this title and--
``(A) the officer is not recommended for promotion by the
next mandatory promotion board convened under section
14101(a) or special selection board convened under section
14502(a) of this title for that officer's grade and
competitive category; or
``(B) the officer's name is again removed from the report
of a selection board under section 14111(b) or from a
promotion list under section 14310 of this title.
``Sec. 14502. Special selection boards: correction of errors
``(a) Officers Not Considered Because of Administrative
Error.--(1) In the case of an officer or former officer who
the Secretary of the military department concerned determines
was not considered for selection for promotion from in or
above the promotion zone by a mandatory promotion board
convened under section 14101(a) of this title because of
administrative error, the Secretary concerned shall convene a
special selection board under this subsection to determine
whether such officer or former officer should be recommended
for promotion. Any such board shall be convened under
regulations prescribed by the Secretary of Defense and shall
be appointed and composed in accordance with section 14102 of
this title and shall include the representation of
competitive categories required by that section. The members
of a board convened under this subsection shall be required
to take an oath in the same manner as prescribed in section
14103 of this title.
``(2) A special selection board convened under this
subsection shall consider the record of the officer or former
officer as that record would have appeared to the promotion
board that should have considered the officer or former
officer. That record shall be compared with a sampling of the
records of those officers of the same grade and competitive
category who were recommended for promotion and those
officers of the same grade and competitive category who were
not recommended for promotion by that board.
``(3) If a special selection board convened under paragraph
(1) does not recommend for promotion an officer or former
officer in a grade below the grade of colonel or, in the case
of an officer or former officer of the Navy, captain, whose
name was referred to it for consideration, the officer or
former officer shall be considered to have failed of
selection for promotion.
``(b) Officers Considered but Not Selected; Material
Error.--(1) In the case of an officer or former officer who
was eligible for promotion and was considered for selection
for promotion from in or above the promotion zone under this
chapter by a selection board but was not selected, the
Secretary of the military department concerned may, under
regulations prescribed by the Secretary of Defense, convene a
special selection board under this subsection to determine
whether the officer or former officer should be recommended
for promotion, if the Secretary determines that--
``(A) the action of the selection board that considered the
officer or former officer was contrary to law or involved
material error of fact or material administrative error; or
``(B) the selection board did not have before it for its
consideration material information.
``(2) A special selection board convened under paragraph
(1) shall be appointed and composed in accordance with
section 14102 of this title (including the representation of
competitive categories required by that section), and the
members of such a board shall take an oath in the same manner
as prescribed in section 14103 of this title.
``(3) Such board shall consider the record of the officer
or former officer as that record, if corrected, would have
appeared to the selection board that considered the officer
or former officer. That record shall be compared with a
sampling of the records of those officers of the same grade
and competitive category who were recommended for promotion
and those officers of the same grade and competitive category
who were not recommended for promotion by that board.
``(4) If a special selection board convened under paragraph
(1) does not recommend for promotion an officer or former
officer in the grade of lieutenant colonel or commander or
below whose name was referred to it for consideration, the
officer or former officer shall be considered to have failed
of selection for promotion by the board which did consider
the officer but incurs no additional failure of selection for
promotion from the action of the special selection board.
``(c) Report.--Each special selection board convened under
this section shall submit to the Secretary of the military
department concerned a written report, signed by each member
of the board, containing the name of each officer it
recommends for promotion and certifying that the board has
considered carefully the record of each officer whose name
was referred to it.
``(d) Applicable Provisions.--The provisions of sections
14104, 14109, 14110, and 14111 of this title apply to the
report and proceedings of a special selection board convened
under this section in the same manner as they apply to the
report and proceedings of a promotion board convened under
section 14101(a) of this title.
``(e) Appointment of Officers Recommended for Promotion.--
(1) An officer whose name is placed on a promotion list as a
result of recommendation for promotion by a special selection
board convened under this section, shall, as soon as
practicable, be appointed to the next higher grade in
accordance with the law and policies which would have been
applicable had he been recommended for promotion by the board
which should have considered or which did consider him.
``(2) An officer who is promoted to the next higher grade
as the result of the recommendation of a special selection
board convened under this section shall, upon such promotion,
have the same date of rank, the same effective date for the
pay and allowances of that grade, and the same position on
the reserve active-status list as the officer would have had
if the officer had been recommended for promotion to that
grade by the selection board which should have considered, or
which did consider, the officer.
``(3) If the report of a special selection board convened
under this section, as approved by the President, recommends
for promotion to the next higher grade an officer not
currently eligible for promotion or a former officer whose
name was referred to it for consideration, the Secretary
concerned may act under section 1552 of this title to correct
the military record of the officer or former officer to
correct an error or remove an injustice resulting from not
being selected for promotion by the board which should have
considered, or which did consider, the officer.
``(f) Time Limits for Consideration.--The Secretary of
Defense may prescribe by regulation the circumstances under
which consideration by a special selection board is
contingent upon application for consideration by an officer
or former officer and time limits within which an officer or
former officer must make such application in order to be
considered by a special selection board under this section.
``(g) Limitation of Other Jurisdiction.--No official or
court of the United States shall have power or jurisdiction--
``(1) over any claim based in any way on the failure of an
officer or former officer of the armed forces to be selected
for promotion by a selection board convened under chapter
1403 of this title until--
``(A) the claim has been referred to a special selection
board by the Secretary concerned and acted upon by that
board; or
[[Page 1048]]
``(B) the claim has been rejected by the Secretary without
consideration by a special selection board; or
``(2) to grant any relief on such a claim unless the
officer or former officer has been selected for promotion by
a special selection board convened under this section to
consider the officer's claim.
``(h) Judicial Review.--(1) A court of the United States
may review a determination by the Secretary concerned under
subsection (a)(1), (b)(1), or (e)(3) not to convene a special
selection board. If a court finds the determination to be
arbitrary or capricious, not based on substantial evidence,
or otherwise contrary to law, it shall remand the case to the
Secretary concerned, who shall provide for consideration of
the officer or former officer by a special selection board
under this section.
``(2) If a court finds that the action of a special
selection board which considers an officer or former officer
was contrary to law or involved material error of fact or
material administrative error, it shall remand the case to
the Secretary concerned, who shall provide the officer or
former officer reconsideration by a new special selection
board.
``(i) Designation of Boards.--The Secretary of the military
department concerned may designate a promotion board convened
under section 14101(a) of this title as a special selection
board convened under this section. A board so designated may
function in both capacities.
``Sec. 14503. Discharge of officers with less than five years
of commissioned service or found not qualified for
promotion to first lieutenant or lieutenant (junior grade)
``(a) Authorized Discharges.--The Secretary of the military
department concerned may discharge any reserve officer who--
``(1) has less than five years of service in an active
status as a commissioned officer; or
``(2) is serving in the grade of second lieutenant or
ensign and has been found not qualified for promotion to the
grade of first lieutenant or lieutenant (junior grade).
``(b) Time for Discharge.--(1) An officer described in
subsection (a)(2)--
``(A) may be discharged at any time after being found not
qualified for promotion; and
``(B) if not sooner discharged, shall be discharged at the
end of the 18-month period beginning on the date on which the
officer is first found not qualified for promotion.
``(2) Paragraph (1) shall not apply if the officer is
sooner promoted.
``(c) Regulations.--Discharges under this section shall be
made under regulations prescribed by the Secretary of Defense
and may be made without regard to section 12645 of this
title.
``Sec. 14504. Effect of failure of selection for promotion:
reserve first lieutenants of the Army, Air Force, and
Marine Corps and reserve lieutenants (junior grade) of the
Navy
``(a) General Rule.--A first lieutenant on the reserve
active-status list of the Army, Air Force, or Marine Corps or
a lieutenant (junior grade) on the reserve active-status list
of the Navy who has failed of selection for promotion to the
next higher grade for the second time and whose name is not
on a list of officers recommended for promotion to the next
higher grade shall be separated in accordance with section
14513 of this title not later than the first day of the
seventh month after the month in which the President approves
the report of the board which considered the officer for the
second time.
``(b) Exceptions.--Subsection (a) does not apply (1) in the
case of an officer retained as provided by regulation of the
Secretary of the military department concerned in order to
meet planned mobilization needs for a period not in excess of
24 months beginning with the date on which the President
approves the report of the selection board which resulted in
the second failure, or (2) as provided in section 12646 or
12686 of this title.
``Sec. 14505. Effect of failure of selection for promotion:
reserve captains of the Army, Air Force, and Marine Corps
and reserve lieutenants of the Navy
``Unless retained as provided in section 12646 or 12686 of
this title, a captain on the reserve active-status list of
the Army, Air Force, or Marine Corps or a lieutenant on the
reserve active-status list of the Navy who has failed of
selection for promotion to the next higher grade for the
second time and whose name is not on a list of officers
recommended for promotion to the next higher grade and who
has not been selected for continuation on the reserve active-
status list under section 14701 of this title, shall be
separated in accordance with section 14513 of this title not
later than the first day of the seventh month after the month
in which the President approves the report of the board which
considered the officer for the second time.
``Sec. 14506. Effect of failure of selection for promotion:
reserve majors of the Army, Air Force and Marine Corps and
reserve lieutenant commanders of the Navy
``Unless retained as provided in section 12646, 12686,
14701, or 14702 of this title, each reserve officer of the
Army, Navy, Air Force, or Marine Corps who holds the grade of
major or lieutenant commander who has failed of selection to
the next higher grade for the second time and whose name is
not on a list of officers recommended for promotion to the
next higher grade shall, if not earlier removed from the
reserve active-status list, be removed from that list in
accordance with section 14513 of this title on the first day
of the month after the month in which the officer completes
20 years of commissioned service.
``Sec. 14507. Removal from the reserve active-status list for
years of service: reserve lieutenant colonels and colonels
of the Army, Air Force, and Marine Corps and reserve
commanders and captains of the Navy
``(a) Lieutenant Colonels and Commanders.--Unless continued
on the reserve active-status list under section 14701 or
14702 of this title or retained as provided in section 12646
or 12686 of this title, each reserve officer of the Army,
Navy, Air Force, or Marine Corps who holds the grade of
lieutenant colonel or commander and who is not on a list of
officers recommended for promotion to the next higher grade
shall (if not earlier removed from the reserve active-status
list) be removed from that list under section 14514 of this
title on the first day of the month after the month in which
the officer completes 28 years of commissioned service.
``(b) Colonels and Navy Captains.--Unless continued on the
reserve active-status list under section 14701 or 14702 of
this title or retained as provided in section 12646 or 12686
of this title, each reserve officer of the Army, Air Force,
or Marine Corps who holds the grade of colonel, and each
reserve officer of the Navy who holds the grade of captain,
and who is not on a list of officers recommended for
promotion to the next higher grade shall (if not earlier
removed from the reserve active-status list) be removed from
that list under section 14514 of this title on the first day
of the month after the month in which the officer completes
30 years of commissioned service. This subsection does not
apply to the adjutant general or assistant adjutants general
of a State.
``Sec. 14508. Removal from the reserve active-status list for
years of service: reserve general and flag officers
``(a) Thirty Years Service or Five Years in Grade.--Unless
retired, transferred to the Retired Reserve, or discharged at
an earlier date, each reserve officer of the Army, Air Force,
or Marine Corps in the grade of brigadier general who has not
been recommended for promotion to the grade of major general,
and each reserve officer of the Navy in the grade of rear
admiral (lower half) who has not been recommended for
promotion to rear admiral shall, 30 days after completion of
30 years of commissioned service or on the fifth anniversary
of the date of the officer's appointment in the grade of
brigadier general or rear admiral (lower half), whichever is
later, be separated in accordance with section 14514 of this
title.
``(b) Thirty-Five Years Service or Five Years in Grade.--
Unless retired, transferred to the Retired Reserve, or
discharged at an earlier date, each reserve officer of the
Army, Air Force, or Marine Corps in the grade of major
general, and each reserve officer of the Navy in the grade of
rear admiral, shall, 30 days after completion of 35 years of
commissioned service or on the fifth anniversary of the date
of the officer's appointment in the grade of major general or
rear admiral, whichever is later, be separated in accordance
with section 14514 of this title.
``(c) Retention of Brigadier Generals.--A reserve officer
of the Army or Air Force in the grade of brigadier general
who would otherwise be removed from an active status under
this subsection (a) may, in the discretion of the Secretary
of the Army or the Secretary of the Air Force, as the case
may be, be retained in an active status, but not later than
the date on which the officer becomes 60 years of age. Not
more than 10 officers of the Army and not more than 10
officers of the Air Force may be retained under this
subsection at any one time.
``(d) Retention of Major Generals.--A reserve officer of
the Army or Air Force in the grade of major general who would
otherwise be removed from an active status under this
subsection (b) may, in the discretion of the Secretary of the
Army or the Secretary of the Air Force, as the case may be,
be retained in an active status, but not later than the date
on which the officer becomes 62 years of age. Not more than
10 officers of the Army and not more than 10 officers of the
Air Force may be retained under this subsection at any one
time.
``(e) Exception for State Adjutants General and Assistant
Adjutants General.--This section does not apply to an officer
who is the adjutant general or assistant adjutant general of
a State.
``Sec. 14509. Separation at age 60: reserve officers in
grades below brigadier general or rear admiral (lower half)
``Each reserve officer of the Army, Navy, Air Force, or
Marine Corps in a grade below brigadier general or rear
admiral (lower half) who has not been recommended for
promotion to the grade of brigadier general or rear admiral
(lower half) and is not a member of the Retired Reserve
shall, on the last day of the month in which that officer
becomes 60 years of age, be separated in accordance with
section 14515 of this title.
``Sec. 14510. Separation at age 60: reserve brigadier
generals and rear admirals (lower half)
``Unless retired, transferred to the Retired Reserve, or
discharged at an earlier date, each reserve officer of the
Army, Air Force, or Marine Corps in the grade of brigadier
general who has not been recommended for promotion to the
grade of major general, and each reserve rear admiral (lower
half) of the Navy who has not been recommended for promotion
to the grade of rear admiral, except an officer covered by
section 14512 of this title, shall be separated in accordance
with section 14515 of this title on the last day
[[Page 1049]]
of the month in which the officer becomes 60 years of age.
``Sec. 14511. Separation at age 62: major generals and rear
admirals
``Unless retired, transferred to the Retired Reserve, or
discharged at an earlier date, each reserve officer of the
Army, Air Force, or Marine Corps in the grade of major
general and each reserve officer of the Navy in the grade of
rear admiral, except an officer covered by section 14512 of
this title, shall be separated in accordance with section
14515 of this title on the last day of the month in which the
officer becomes 62 years of age.
``Sec. 14512. Separation at age 64: officers holding certain
offices
``(a) Army and Air Force.--Unless retired, transferred to
the Retired Reserve, or discharged at an earlier date, a
reserve officer of the Army or Air Force who is Chief of the
National Guard Bureau, an adjutant general, or if a reserve
officer of the Army, commanding general of the troops of a
State, shall on the last day of the month in which the
officer becomes 64 years of age, be separated in accordance
with section 14515 of this title.
``(b) Navy and Marine Corps.--The Secretary of the Navy may
defer the retirement under section 14510 or 14511 of a
reserve officer of the Navy in a grade above captain or a
reserve officer of the Marine Corps in a grade above colonel
and retain the officer in an active status until the officer
becomes 64 years of age. Not more than 10 officers may be so
deferred at any one time, distributed between the Naval
Reserve and the Marine Corps Reserve as the Secretary
determines.
``Sec. 14513. Separation for failure of selection of
promotion
``Each reserve officer of the Army, Navy, Air Force, or
Marine Corps who is in an active status and whose removal
from an active status or from a reserve active-status list is
required by section 14504, 14505, or 14506 of this title
shall (unless the officer's separation is deferred or the
officer is continued in an active status under another
provision of law) not later than the date specified in those
sections--
``(1) be transferred to an inactive status if the Secretary
concerned determines that the officer has skills which may be
required to meet the mobilization needs of the officer's
armed force;
``(2) be transferred to the Retired Reserve, if the officer
is qualified and applies for such transfer; or
``(3) if the officer is not transferred to an inactive
status or to the Retired Reserve, be discharged from the
officer's reserve appointment.
``Sec. 14514. Discharge or retirement for years of service or
after selection for early removal
``Each reserve officer of the Army, Navy, Air Force, or
Marine Corps who is in an active status and who is required
to be removed from an active status or from a reserve active-
status list, as the case may be, under section 14507, 14508,
14704, or 14705 of this title (unless the officer is sooner
separated or the officer's separation is deferred or the
officer is continued in an active status under another
provision of law), in accordance with those sections, shall--
``(1) be transferred to the Retired Reserve, if the officer
is qualified and applies for such transfer; or
``(2) if the officer is not qualified or does not apply for
such transfer, be discharged from the officer's reserve
appointment.
``Sec. 14515. Discharge or retirement for age
``Each reserve officer of the Army, Navy, Air Force, or
Marine Corps who is in an active status or on an inactive
status list and who reaches the maximum age specified in
section 14509, 14510, 14511, or 14512 of this title for the
officer's grade or position shall (unless the officer is
sooner separated or the officer's separation is deferred or
the officer is continued in an active status under another
provision of law) not later than the last day of the month in
which the officer reaches that maximum age--
``(1) be transferred to the Retired Reserve, if the officer
is qualified and applies for such transfer; or
``(2) if the officer is not qualified or does not apply for
transfer to the Retired Reserve, be discharged from the
officer's reserve appointment.
``Sec. 14516. Separation to be considered involuntary
``The separation of an officer pursuant to section 14513,
14514, or 14515 of this title shall be considered to be an
involuntary separation for purposes of any other provision of
law.
``Sec. 14517. Entitlement of officers discharged under this
chapter to separation pay
``An officer who is discharged under section 14513, 14514,
or 14515 of this title is entitled to separation pay under
section 1174 of this title if otherwise eligible under that
section.
``CHAPTER 1409--CONTINUATION OF OFFICERS ON THE RESERVE ACTIVE-STATUS
LIST AND SELECTIVE EARLY REMOVAL
``Sec.
``14701. Selection of officers for continuation on the reserve active-
status list.
``14702. Retention on reserve active-status list of certain officers
until age 60.
``14703. Authority to retain chaplains and officers in medical
specialties until specified age.
``14704. Selective early removal from the reserve active-status list.
``14705. Selective early retirement: reserve general and flag officers
of the Navy and Marine Corps.
``14706. Computation of total years of service.
``Sec. 14701. Selection of officers for continuation on the
reserve active-status list
``(a) Consideration for Continuation.--(1) Upon
application, a reserve officer of the Army, Navy, Air Force,
or Marine Corps who is required to be removed from the
reserve active-status list under section 14505, 14506, or
14507 of this title may, subject to the needs of the service
and to section 14509 of this title, be considered for
continuation on the reserve active-status list by a selection
board convened under section 14101(b) of this title.
``(2) A reserve officer who holds the grade of captain in
the Army, Air Force, or Marine Corps or the grade of
lieutenant in the Navy and who is subject to separation under
section 14513 of this title may not be continued on the
reserve active-status list under this subsection for a period
which extends beyond the last day of the month in which the
officer completes 20 years of commissioned service.
``(3) A reserve officer who holds the grade of major or
lieutenant commander and who is subject to separation under
section 14513 of this title may not be continued on the
reserve active-status list under this subsection for a period
which extends beyond the last day of the month in which the
officer completes 24 years of commissioned service.
``(4) A reserve officer who holds the grade of lieutenant
colonel or commander and who is subject to separation under
section 14514 of this title may not be continued on the
reserve active-status list under this subsection for a period
which extends beyond the last day of the month in which the
officer completes 33 years of commissioned service.
``(5) A reserve officer who holds the grade of colonel in
the Army, Air Force, or Marine Corps or the grade of captain
in the Navy and who is subject to separation under section
14514 of this title may not be continued on the reserve
active-status list under this subsection for a period which
extends beyond the last day of the month in which the officer
completes 35 years of commissioned service.
``(6) An officer who is selected for continuation on the
reserve active-status list as a result of the convening of a
selection board under section 14101(b) of this title but who
declines to continue on that list shall be separated in
accordance with section 14513 or 14514 of this title, as the
case may be.
``(7) Each officer who is continued on the reserve active-
status list under this section, who is not subsequently
promoted or continued on the active-status list, and whose
name is not on a list of officers recommended for promotion
to the next higher grade shall (unless sooner separated under
another provision of law) be separated in accordance with
section 14513 or 14514 of this title, as appropriate, upon
the expiration of the period for which the officer was
continued on the reserve active-status list.
``(b) Approval of Secretary Concerned.--Continuation of an
officer on the reserve active-status list under this section
pursuant to action of a continuation board convened under
section 14101(b) of this title is subject to the approval of
the Secretary of the military department concerned.
``(c) Instructions To Continuation Boards.--A continuation
board convened under section 14101(b) of this title to
consider officers for continuation on the reserve active-
status list under this section shall act in accordance with
the instructions and directions provided to the board by the
Secretary of the military department concerned.
``(d) Regulations.--The Secretary of Defense shall
prescribe regulations for the administration of this section.
``Sec. 14702. Retention on reserve active-status list of
certain officers until age 60
``(a) Retention.--Notwithstanding the provisions of section
14506 or 14507 of this title, the Secretary of the military
department concerned may, with the officer's consent, retain
on the reserve active-status list an officer in the grade of
major, lieutenant colonel, or colonel who is--
``(1) an officer of the Army National Guard of the United
States and assigned to a headquarters or headquarters
detachment of a State; or
``(2) a reserve officer of the Army or Air Force who, as a
condition of continued employment as a National Guard or
Reserve technician is required by the Secretary concerned to
maintain membership in a Selected Reserve unit or
organization.
``(b) Separation at Age 60.--An officer may be retained
under this section only so long as the officer continues to
meet the conditions of subsection (a)(1) or (a)(2). An
officer may not be retained under this section after the last
day of the month in which the officer becomes 60 years of
age.
``Sec. 14703. Authority to retain chaplains and officers in
medical specialties until specified age
``(a) Retention.--Notwithstanding any provision of chapter
1407 of this title and except for officers referred to in
sections 14503, 14504, 14505, and 14506 of this title and
under regulations prescribed by the Secretary of Defense--
``(1) the Secretary of the Army may, with the officer's
consent, retain in an active status any reserve officer
assigned to the Medical Corps, the Dental Corps, the
Veterinary Corps, the Medical Services Corps (if the officer
has been designated as allied health offi-
[[Page 1050]]
cer or biomedical sciences officer in that Corps), the
Optometry Section of the Medical Services Corps, the
Chaplains, the Army Nurse Corps, or the Army Medical
Specialists Corps;
``(2) the Secretary of the Navy may, with the officer's
consent, retain in an active status any reserve officer
appointed in the Medical Corps, Dental Corps, Nurse Corps, or
Chaplain Corps or appointed in the Medical Services Corps and
designated to perform as a veterinarian, optometrist,
podiatrist, allied health officer, or biomedical sciences
officer; and
``(3) the Secretary of the Air Force may, with the
officer's consent, retain in an active status any reserve
officer who is designated as a medical officer, dental
officer, veterinary officer, Air Force nurse, or chaplain or
who is designated as a biomedical sciences officer and is
qualified for service as a veterinarian, optometrist, or
podiatrist.
``(b) Separation at Specified Age.--An officer may not be
retained in active status under this section later than the
date on which the officer becomes 67 years of age (or, in the
case of a reserve officer of the Army in the Chaplains or a
reserve officer of the Air Force designated as a chaplain, 60
years of age).
``Sec. 14704. Selective early removal from the reserve
active-status list
``(a) Boards To Recommend Officers for Removal From Reserve
Active-Status List.--Whenever the Secretary of the military
department concerned determines that there are in any reserve
component under the jurisdiction of the Secretary too many
officers in any grade and competitive category who have at
least 30 years of service computed under section 14706 of
this title or at least 20 years of service computed under
section 12732 of this title, the Secretary may convene a
selection board under section 14101(b) of this title to
consider all officers on that list who are in that grade and
competitive category, and who have that amount of service,
for the purpose of recommending officers by name for removal
from the reserve active-status list, in the number specified
by the Secretary by each grade and competitive category.
``(b) Separation of Officers Selected.--In the case of an
officer recommended for separation in the report of a board
under subsection (a), the Secretary may separate the officer
in accordance with section 14514 of this title.
``(c) Regulations.--The Secretary of the military
department concerned shall prescribe regulations for the
administration of this section.
``Sec. 14705. Selective early retirement: reserve general and
flag officers of the Navy and Marine Corps
``(a) Authority to Consider.--An officer in the Naval
Reserve in an active status serving in the grade of rear
admiral (lower half) or rear admiral and an officer in the
Marine Corps Reserve in an active status serving in the grade
of brigadier general or major general may be considered for
early retirement whenever the Secretary of the Navy
determines that such action is necessary.
``(b) Boards.--If the Secretary of the Navy determines that
consideration for early retirement under this section is
necessary, the Secretary shall convene a board under section
14101(b) of this title to recommend an appropriate number of
officers for early retirement.
``(c) Separation Under Section 14514.--An officer selected
for early retirement under this section shall be separated in
accordance with section 14514 of this title.
``Sec. 14706. Computation of total years of service
``For the purpose of this chapter and chapter 1407 of this
title, a reserve officer's years of service include all
service, other than constructive service, of the officer as a
commissioned officer of any uniformed service (other than
service as a warrant officer).
``CHAPTER 1411--ADDITIONAL PROVISIONS RELATING TO INVOLUNTARY
SEPARATION
``Sec.
``14901. Separation of chaplains for loss of professional
qualifications.
``14902. Separation for substandard performance and for certain other
reasons.
``14903. Boards of inquiry.
``14904. Rights and procedures.
``14905. Officer considered for removal: retirement or discharge.
``14906. Officers eligible to serve on boards.
``14907. Army National Guard of the United States and Air National
Guard of the United States: discharge and withdrawal of
Federal recognition of officers absent without leave.
``Sec. 14901. Separation of chaplains for loss of
professional qualifications
``(a) Separation.--Under regulations prescribed by the
Secretary of Defense, an officer on the reserve active-status
list who is appointed or designated as a chaplain may, if the
officer fails to maintain the qualifications needed to
perform the professional function of a chaplain, be
discharged. The authority under the preceding sentence
applies without regard to the provisions of section 12645 of
this title.
``(b) Effect of Separation.--If an officer separated under
this section is eligible for retirement, the officer may be
retired. If the officer has completed the years of service
required for eligibility for retired pay under chapter 1223
of this title, the officer may be transferred to the Retired
Reserve.
``Sec. 14902. Separation for substandard performance and for
certain other reasons
``(a) Substandard Performance of Duty.--The Secretary of
the military department concerned shall prescribe, by
regulation, procedures for the review at any time of the
record of any reserve officer to determine whether that
officer should be required, because that officer's
performance has fallen below standards prescribed by the
Secretary concerned, to show cause for retention in an active
status.
``(b) Misconduct, Etc.--The Secretary of the military
department concerned shall prescribe, by regulation,
procedures for the review at any time of the record of any
reserve officer to determine whether that officer should be
required, because of misconduct, because of moral or
professional dereliction, or because the officer's retention
is not clearly consistent with the interests of national
security, to show cause for retention in an active status.
``(c) Regulations.--The authority of the Secretary of a
military department under this section shall be carried out
subject to such limitations as the Secretary of Defense may
prescribe by regulation.
``Sec. 14903. Boards of inquiry
``(a) Convening of Boards.--The Secretary of the military
department concerned shall convene a board of inquiry at such
time and place as the Secretary may prescribe to receive
evidence and review the case of any officer who has been
required to show cause for retention in an active status
under section 14902 of this title. Each board of inquiry
shall be composed of not less than three officers who have
the qualifications prescribed in section 14906 of this title.
``(b) Right to Fair Hearing.--A board of inquiry shall give
a fair and impartial hearing to each officer required under
section 14902 of this chapter to show cause for retention in
an active status.
``(c) Recommendations to Secretary.--If a board of inquiry
determines that the officer has failed to establish that the
officer should be retained in an active status, the board
shall recommend to the Secretary concerned that the officer
not be retained in an active status.
``(d) Action by Secretary.--After review of the
recommendation of the board of inquiry, the Secretary may--
``(1) remove the officer from an active status; or
``(2) determine that the case be closed.
``(e) Action in Cases Where Cause for Retention Is
Established.--(1) If a board of inquiry determines that an
officer has established that the officer should be retained
in an active status or if the Secretary determines that the
case be closed, the officer's case is closed.
``(2) An officer who is required to show cause for
retention under section 14902(a) of this title and whose case
is closed under paragraph (1) may not again be required to
show cause for retention under such subsection during the
one-year period beginning on the date of that determination.
``(3)(A) Subject to subparagraph (B), an officer who is
required to show cause for retention under section 14902(b)
of this title and whose case is closed under paragraph (1)
may again be required to show cause for retention at any
time.
``(B) An officer who has been required to show cause for
retention under section 14902(b) of this title and who is
thereafter retained in an active status may not again be
required to show cause for retention under such section
solely because of conduct which was the subject of the
previous proceeding, unless the recommendations of the board
of inquiry that considered the officer's case are determined
to have been obtained by fraud or collusion.
``Sec. 14904. Rights and procedures
``(a) Procedural Rights.--Under regulations prescribed by
the Secretary of Defense, an officer required under section
14902 of this title to show cause for retention in an active
status--
``(1) shall be notified in writing, at least 30 days before
the hearing of the officer's case by a board of inquiry, of
the reasons for which the officer is being required to show
cause for retention in an active status;
``(2) shall be allowed a reasonable time, as determined by
the board of inquiry, to prepare for showing of cause for
retention in an active status;
``(3) shall be allowed to appear in person and to be
represented by counsel at proceedings before the board of
inquiry; and
``(4) shall be allowed full access to, and shall be
furnished copies of, records relevant to the case, except
that the board of inquiry shall withhold any record that the
Secretary concerned determines should be withheld in the
interest of national security.
``(b) Summary of Records Withheld.--When a record is
withheld under subsection (a)(4), the officer whose case is
under consideration shall, to the extent that the interest of
national security permits, be furnished a summary of the
record so withheld.
``Sec. 14905. Officer considered for removal: retirement or
discharge
``(a) Voluntary Retirement or Discharge.--At any time
during proceedings under this chapter with respect to the
removal of an officer from an active status, the Secretary of
the military department concerned may grant a request by the
officer--
``(1) for voluntary retirement, if the officer is qualified
for retirement;
[[Page 1051]]
``(2) for transfer to the Retired Reserve if the officer
has completed the years of service required for eligibility
for retired pay under chapter 1223 of this title and is
otherwise eligible for transfer to the Retired Reserve; or
``(3) for discharge in accordance with subsection (b)(3).
``(b) Required Retirement or Discharge.--An officer removed
from an active status under section 14903 of this title
shall--
``(1) if eligible for voluntary retirement under any
provision of law on the date of such removal, be retired in
the grade and with the retired pay for which he would be
eligible if retired under that provision;
``(2) if eligible for transfer to the Retired Reserve and
has completed the years of service required for retired pay
under chapter 1223 of this title, be transferred to the
Retired Reserve; and
``(3) if ineligible for retirement or transfer to the
Retired Reserve under paragraph (1) or (2) on the date of
such removal--
``(A) be honorably discharged in the grade then held, in
the case of an officer whose case was brought under
subsection (a) of section 14902 of this title; or
``(B) be discharged in the grade then held, in the case of
an officer whose case was brought under subsection (b) of
section 14902 of this title.
``(c) Separation Pay.--An officer who is discharged under
subsection (b)(3) is entitled, if eligible therefor, to
separation pay under section 1174(c) of this title.
``Sec. 14906. Officers eligible to serve on boards
``(a) Composition of Boards.--(1) Each officer who serves
on a board convened under this chapter shall be an officer of
the same armed force as the officer being required to show
cause for retention in an active status.
``(2) An officer may not serve on a board under this
chapter unless the officer holds a grade above lieutenant
colonel or commander and is senior in grade and rank to any
officer considered by the board.
``(b) Limitation.--A person may not be a member of more
than one board convened under this chapter to consider the
same officer.
``Sec. 14907. Army National Guard of the United States and
Air National Guard of the United States: discharge and
withdrawal of Federal recognition of officers absent
without leave
``(a) Authority To Withdraw Federal Recognition.--If an
officer of the Army National Guard of the United States or
the Air National Guard of the United States has been absent
without leave for three months, the Secretary of the Army or
the Secretary of the Air Force, as appropriate, may--
``(1) terminate the reserve appointment of the officer; and
``(2) withdraw the officer's Federal recognition as an
officer of the National Guard.
``(b) Discharge from Reserve Appointment.--An officer of
the Army National Guard of the United States or the Air
National Guard of the United States whose Federal recognition
as an officer of the National Guard is withdrawn under
section 323(b) of title 32 shall be discharged from the
officer's appointment as a reserve officer of the Army or the
Air Force, as the case may be.''.
PART II--CONFORMING AMENDMENTS
SEC. 1321. DEFINITION OF RESERVE ACTIVE-STATUS LIST.
Section 101(c) is amended by adding at the end the
following new paragraph:
``(7) The term `reserve active-status list' means a single
list for the Army, Navy, Air Force, or Marine Corps (required
to be maintained under section 14002 of this title) that
contains the names of all officers of that armed force except
warrant officers (including commissioned warrant officers)
who are in an active status in a reserve component of the
Army, Navy, Air Force, or Marine Corps and are not on an
active-duty list.''.
SEC. 1322. AUTHORITY TO SUSPEND OFFICER PERSONNEL LAWS DURING
WAR OR NATIONAL EMERGENCY.
(a) Authority.--Section 123 is amended to read as follows:
``Sec. 123. Authority to suspend officer personnel laws
during war or national emergency
``(a) In time of war, or of national emergency declared by
Congress or the President after November 30, 1980, the
President may suspend the operation of any provision of law
relating to the promotion, involuntary retirement, or
separation of commissioned officers of the Army, Navy, Air
Force, Marine Corps, or Coast Guard Reserve. So long as such
war or national emergency continues, any such suspension may
be extended by the President.
``(b) Any such suspension shall, if not sooner ended, end
on the last day of the two-year period beginning on the date
on which the suspension (or the last extension thereof) takes
effect or on the last day of the one-year period beginning on
the date of the termination of the war or national emergency,
whichever occurs first. With respect to the end of any such
suspension, the preceding sentence supersedes the provisions
of title II of the National Emergencies Act (50 U.S.C. 1621-
1622) which provide that powers or authorities exercised by
reason of a national emergency shall cease to be exercised
after the date of the termination of the emergency.
``(c) If a provision of law pertaining to the promotion of
reserve officers is suspended under this section and if the
Secretary of Defense submits to Congress proposed legislation
to adjust the grades and dates of rank of reserve
commissioned officers other than commissioned warrant
officers, such proposed legislation shall, so far as
practicable, be the same as that recommended for adjusting
the grades and dates of rank of officers of the regular
component of the armed force concerned.''.
(b) Conforming Repeal.--Section 644 is repealed.
SEC. 1323. ACTIVE-DUTY LIST PROMOTION BOARDS TO HAVE
AUTHORITY TO RECOMMEND THAT RESERVE OFFICERS
CONSIDERED FOR PROMOTION BE REQUIRED TO SHOW
CAUSE FOR RETENTION ON ACTIVE DUTY.
Section 617(b) is amended--
(1) by inserting ``or reserve'' after ``any regular''; and
(2) by inserting ``or 1411'' after ``chapter 60''.
SEC. 1324. APPLICABILITY OF CHAPTER 36 TO RESERVE OFFICERS
DURING WAR OR NATIONAL EMERGENCY.
Section 641 is amended--
(1) by inserting ``(a)'' before ``Officers in the
following''; and
(2) by adding at the end the following:
``(b) Under regulations prescribed by the Secretary of the
military department concerned, a reserve officer who is
ordered to active duty (whether voluntarily or involuntarily)
during a war or national emergency and who would otherwise be
placed on the active-duty list may be excluded from that list
as determined by the Secretary concerned. Exclusion of an
officer from the active-duty list as the result of action by
the Secretary concerned under the preceding sentence shall
expire not later than 24 months after the date on which the
officer enters active duty under an order to active duty
covered by that sentence.''.
SEC. 1325. GRADE IN WHICH RESERVE OFFICERS ARE ORDERED TO
ACTIVE DUTY.
Section 689 is amended--
(1) by inserting ``or full-time National Guard duty'' after
``active duty'' the first two places it appears; and
(2) by inserting ``and placed on the active-duty list''
after ``active duty'' the third place it appears.
SEC. 1326. DATE OF RANK.
Section 741(d)(3) is amended--
(1) by inserting ``or who is transferred from an inactive
status to an active status and placed on the active-duty list
or the reserve active-status list'' after ``warrant officer
(W-5)'';
(2) by inserting ``or reserve active-status list'' after
``active-duty list'' the second place it appears; and
(3) by adding at the end: ``The authority to change the
date of rank of a reserve officer who is placed on the
active-duty list to a later date does not apply in the case
of an officer who (A) has served continuously in the Selected
Reserve of the Ready Reserve since the officer's last
promotion, or (B) is placed on the active-duty list while on
a promotion list as described in section 14317(b) of this
title.''.
SEC. 1327. DISCHARGE BEFORE COMPLETION OF REQUIRED SERVICE IN
CASE OF OFFICERS HAVING TWICE FAILED OF
SELECTION FOR CAPTAIN OR NAVY LIEUTENANT.
Section 1005(b) is amended--
(1) by striking out ``or'' at the end of paragraph (1);
(2) by striking out the period at the end of paragraph (2)
and inserting in lieu thereof a semicolon; and
(3) by adding at the end the following:
``(3) an officer on the active-duty list or reserve active-
status list who has failed of selection for promotion for the
second time to the grade of captain, in the case of an
officer of the Army, Air Force, or Marine Corps, or to the
grade of lieutenant, in the case of an officer of the Navy;
or
``(4) an officer whose discharge or transfer from an active
status is required by law.''.
SEC. 1328. CONFORMING AMENDMENTS RELATING TO NAVY AND MARINE
CORPS OFFICERS.
Section 6389 is amended--
(1) in subsection (a)--
(A) by inserting ``while on the active-duty list'' after
``to the next higher grade''; and
(B) by striking out the period at the end and inserting in
lieu thereof ``or released from active duty and placed on the
reserve active-status list.'';
(2) in subsection (b), by striking out ``or (f)'';
(3) in subsection (c)--
(A) by inserting ``(1)'' after ``(c)'';
(B) by striking out ``lieutenant commander or above'' both
places it appears and inserting in lieu thereof ``lieutenant
commander or commander'';
(C) by striking out ``major or above'' both places it
appears and inserting in lieu thereof ``major or lieutenant
colonel'';
(D) by inserting ``while on the active-duty list'' after
``to the next higher grade'' in the first sentence; and
(E) in the table--
(i) by striking out the line relating to the grades of
captain in the Navy and colonel in the Marine Corps; and
(ii) by striking out ``26 years'' and inserting in lieu
thereof ``28 years'';
(F) by designating the sentence after the table as
paragraph (2) and in that sentence striking out ``the first
sentence of this subsection'' and inserting in lieu thereof
``the first sentence of paragraph (1)'';
(G) by designating the next sentence as paragraph (3) and
in that sentence striking out ``the first two sentences of
this subsection'' and inserting in lieu thereof ``paragraph
(1)''; and
(H) by designating the last sentence as paragraph (4) and
in that sentence--
[[Page 1052]]
(i) striking out ``the first two sentences of this
subsection'' and inserting in lieu thereof ``paragraph (1)'';
and
(ii) striking out ``captain or''; and
(4) by striking out subsections (e), (f), and (g).
SEC. 1329. REPEAL OF RESERVE OFFICER PERSONNEL POLICY LAWS.
(a) Army Provisions.--
(1) Chapter 337, relating to appointments as reserve
officers (other than sections 3351 and 3352), is repealed.
(2) Chapter 361, relating to separation for various
reasons, is repealed.
(3) Chapter 363, relating to separation or transfer to the
Retired Reserve, is repealed.
(b) Navy and Marine Corps Provisions.--
(1) Chapter 541, relating to running mates as reserve
officers, is repealed.
(2) Chapter 549, relating to reserve promotions, is
repealed.
(3) Sections 6391, 6392, 6397, 6403, and 6410 are repealed.
(c) Air Force Provisions.--
(1) Chapter 837, relating to appointments as reserve
officers (other than sections 8351 and 8352), is repealed.
(2) Sections 8819 and 8820 are repealed.
(3) Chapter 863, relating to separation or transfer to the
Retired Reserve, is repealed.
SEC. 1330. AMENDMENTS TO TITLE 32, UNITED STATES CODE.
Title 32, United States Code, is amended as follows:
(1) Sections 309 and 310 are amended to read as follows:
``Sec. 309. Federal recognition of National Guard officers:
officers promoted to fill vacancies
``Each officer of the National Guard who is promoted to
fill a vacancy in a federally recognized unit of the National
Guard, and who has been on the reserve active-status list or
the active-duty list of the Army or the Air Force for at
least one year and has completed the minimum years of service
in grade specified in section 14303 of title 10, shall be
examined for Federal recognition in the grade to which the
officer is promoted.
``Sec. 310. Federal recognition of National Guard officers:
automatic recognition
``(a) Notwithstanding sections 307 and 309 of this title,
if a second lieutenant of the National Guard is promoted to
the grade of first lieutenant to fill a vacancy in a
federally recognized unit in the National Guard, Federal
recognition is automatically extended to that officer in the
grade of first lieutenant, effective as of the date on which
that officer has completed the service in the grade specified
in section 14303(a)(1) of title 10 and has met such other
requirements as prescribed by the Secretary concerned under
section 14308(b) of that title, if the officer has remained
in an active status since the officer was so recommended.
``(b) Notwithstanding sections 307 and 309 of this title,
if an officer of the Army Reserve or the Air Force Reserve in
a reserve grade above second lieutenant is appointed in the
next higher grade in the National Guard to fill a vacancy in
a federally recognized unit in the National Guard, Federal
recognition is automatically extended to that officer in the
grade in which the officer is so appointed in the National
Guard if the officer has been recommended for promotion under
chapter 1405 of title 10 and has remained in an active status
since the officer was so recommended. The extension of
Federal recognition under this subsection is effective as of
the date when the officer is appointed in the National
Guard.''.
(2) Section 323 is amended by striking out subsections (d)
and (e) and inserting in lieu thereof the following:
``(d) The Federal recognition of a reserve commissioned
officer of the Army or the Air Force who is--
``(1) federally recognized as an officer of the National
Guard; and
``(2) subject to involuntary transfer to the Retired
Reserve, transfer to an inactive status list, or discharge
under chapter 1407, 1409, or 1411 of title 10;
shall, if not sooner withdrawn, be withdrawn on the date of
such involuntary transfer or discharge.''.
Subtitle B--Other Personnel Policy Amendments
PART I--APPOINTMENTS
SEC. 1331. REPEAL OF SEPARATE AUTHORITY FOR ACCESSION OF
WOMEN IN RESERVE COMPONENTS.
(a) Enlistments.--Section 510 is amended--
(1) by striking out subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
(b) Appointment of Officers.--Section 591 is amended--
(1) by striking out subsection (c); and
(2) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
SEC. 1332. APPOINTMENT AUTHORITY FOR RESERVE GRADES OF
LIEUTENANT COLONEL AND COMMANDER.
Section 593(a) is amended--
(1) in the first sentence, by striking out ``Reserves in
commissioned grades below lieutenant colonel and commander''
and inserting in lieu thereof ``reserve officers in
commissioned grades of lieutenant colonel and commander or
below''; and
(2) in the second sentence, by striking out ``Reserves in
commissioned grades above major and lieutenant commander''
and inserting in lieu thereof ``reserve officers in
commissioned grades above lieutenant colonel and commander''.
SEC. 1333. APPOINTMENT OF FORMER COMMISSIONED OFFICERS IN
RESERVE COMPONENTS.
Chapter 34 is amended by inserting after section 596 the
following new section:
``Sec. 596a. Commissioned officers: appointment of former
commissioned officers
``Under regulations prescribed by the Secretary of Defense,
a person who is a former commissioned officer may, if
otherwise qualified, be appointed as a reserve officer of the
Army, Navy, Air Force, or Marine Corps. A person so
appointed--
``(1) may be placed on the reserve active-status list of
that armed force in the grade equivalent to the permanent
regular or reserve grade, and in the same competitive
category, in which the person previously served
satisfactorily on active duty or in an active status; and
``(2) may be credited for the purpose of determining date
of rank under section 741(d) of this title with service in
grade equal to that held by that person when discharged or
separated.''.
SEC. 1334. CONSTRUCTIVE CREDIT FOR APPOINTMENT OF OFFICERS IN
RESERVE COMPONENTS WITH QUALIFYING EDUCATION OR
EXPERIENCE.
Chapter 34 is further amended by inserting after section
596a (as added by section 1333) the following new section:
``Sec. 596b. Commissioned officers: service credit upon
original appointment
``(a)(1) For the purpose of determining the grade and the
rank within grade of a person receiving an original
appointment as a reserve commissioned officer (other than a
commissioned warrant officer) in the Army, Navy, Air Force,
or Marine Corps, the person shall be credited at the time of
the appointment with any commissioned service (other than
service as a commissioned warrant officer) performed before
such appointment as a regular officer, or as a reserve
officer in an active status, in any armed force, the National
Oceanic and Atmospheric Administration, or the Public Health
Service.
``(2) The Secretary of Defense shall prescribe regulations,
which shall apply uniformly among the Army, Navy, Air Force,
and Marine Corps, to authorize the Secretary of the military
department concerned to limit the amount of prior
commissioned service with which a person receiving an
original appointment may be credited under paragraph (1), or
to deny any such credit, in the case of a person who at the
time of such appointment is credited with constructive
service under subsection (b).
``(b)(1) Under regulations prescribed by the Secretary of
Defense, a person who is receiving an original appointment as
a reserve commissioned officer (other than a commissioned
warrant officer) of the Army, Navy, Air Force, or Marine
Corps, or a designation in, or an assignment to, an officer
category in which advanced education or training is required
and who has advanced education or training, shall be credited
with constructive service for such education, training, or
experience, as follows:
``(A) One year for each year of advanced education beyond
the baccalaureate degree level, for persons appointed or
designated in, or assigned to, officer categories requiring
such advanced education or an advanced degree as a
prerequisite for such appointment, designation, or
assignment. In determining the number of years of
constructive service to be credited under this subparagraph
to officers in any professional field, the Secretary
concerned shall credit an officer with, but with not more
than, the number of years of advanced education required by a
majority of institutions that award degrees in that
professional field for completion of the advanced education
or award of the advanced degree.
``(B)(i) Credit for any period of advanced education in a
health profession (other than medicine and dentistry) beyond
the baccalaureate degree level which exceeds the basic
education criteria for such appointment, designation, or
assignment, if such advanced education will be directly used
by the armed force concerned.
``(ii) Credit for experience in a health profession (other
than medicine or dentistry), if such experience will be
directly used by the armed force concerned.
``(C) Additional credit of (i) not more than one year for
internship or equivalent graduate medical, dental, or other
formal health professional training required by the armed
forces, and (ii) not more than one year for each additional
year of such graduate-level training or experience creditable
toward certification in a speciality required by the armed
force concerned.
``(D) Additional credit, in unusual cases, based on special
experience in a particular field.
``(E) Additional credit for experience as a physician or
dentist, if appointed, assigned, or designated as a medical
or dental officer.
``(2) If the Secretary of Defense determines that the
number of medical or dental officers serving in an active
status in a reserve component of the Army, Navy, or Air Force
in grades below major or lieutenant commander is critically
below the number needed by such reserve component in such
grades, the Secretary of Defense may authorize the Secretary
of the military department concerned to credit any person who
is receiving an original appointment for service as a medical
or dental officer with a period of constructive credit in
such amount (in addition to any amount credited such person
under subsection (b)) as will result in the grade of such
person being that of captain or, in the case of the Naval
Reserve, lieutenant.
``(3) Except as authorized by the Secretary concerned in
individual cases and under reg-
[[Page 1053]]
ulations prescribed by the Secretary of Defense in the case
of a medical or dental officer, the amount of constructive
service credited an officer under this subsection may not
exceed the amount required in order for the officer to be
eligible for an original appointment as a reserve officer of
the Army, Air Force, or Marine Corps in the grade of major or
as a reserve officer of the Navy in the grade of lieutenant
commander.
``(4) Constructive service credited an officer under this
subsection is in addition to any service credited that
officer under subsection (a) and shall be credited at the
time of the original appointment of the officer or assignment
to or designation in an officer category in which advanced
education or training or special experience is required.
``(c) Constructive service may not be credited under
subsection (b) for education, training, or experience
obtained while serving as a commissioned officer (other than
a warrant officer) on active duty or in an active status.
However, in the case of an officer who completes advanced
education or receives an advanced degree while on active duty
or in an active status and in less than the number of years
normally required to complete such advanced education or
receive such advanced degree, constructive service may,
subject to regulations prescribed under subsection (a)(2), be
credited to the officer under subsection (b)(1)(A) to the
extent that the number of years normally required to complete
such advanced education or receive such advanced degree
exceeds the actual number of years in which such advanced
education or degree is obtained by the officer.
``(d) If the Secretary of Defense determines that the
number of qualified judge advocates serving on the active-
duty list of the Army, Navy, Air Force, or Marine Corps in
grades below lieutenant commander or major is critically
below the number needed by that armed force in those grades,
the Secretary of Defense may authorize the Secretary of the
military department concerned to credit any person who is
receiving an original appointment with a view to assignment
to the Judge Advocate General's Corps of the Army or
appointment to the Judge Advocate General's Corps of the
Navy, or who is receiving an original appointment in the Air
Force or Marine Corps with a view to designation as a judge
advocate, with a period of constructive service in such an
amount (in addition to any amount credited such person under
subsection (b)) as will result in the grade of such person
being that of captain or, in the case of the Navy,
lieutenant, and the date of rank of such person being junior
to that of all other officers of the same grade serving on
the active-duty list.
``(e) Constructive service credited an officer under
subsection (b) or (d) shall be used only for
determining the officer's--
``(1) initial grade as a reserve officer;
``(2) rank in grade; and
``(3) service in grade for promotion eligibility.
``(f) The grade and position on the reserve active-status
list of a person receiving an appointment as a reserve
officer who at the time of appointment is credited with
service under this section shall be determined under
regulations prescribed by the Secretary of Defense based upon
the amount of service credited.''.
SEC. 1335. COMPUTATION OF YEARS OF SERVICE FOR TRANSFER OF
ARMY OFFICERS TO RETIRED RESERVE.
(a) Interim Repeal of Obsolete Provision.--Effective for
the period beginning on the date of the enactment of this Act
and ending on the effective date specified in section 1291,
section 3853 is amended by striking out ``the greater of--''
and all that follows and inserting in lieu thereof ``the sum
of the following:
``(1) The officer's years of service as a commissioned
officer of any component of the armed forces or of the Army
without specification of component.
``(2) The officer's years of service in a federally
recognized commissioned status in the National Guard if his
service in the National Guard was continuous from the date of
his Federal recognition as an officer in the National Guard
to the date of his appointment in the National Guard of the
United States.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to transfers to the Retired Reserve
and to discharges on or after the date of the enactment of
this Act.
SEC. 1336. REPEAL OF MISCELLANEOUS OBSOLETE APPOINTMENT
AUTHORITIES.
(a) Army Reserve Officers Appointed in Temporary Grades.--
Section 3352(a) is amended by striking out the second
sentence.
(b) Air Force Aviation Cadets.--Section 8356 is repealed.
(c) Redundant Statement of Authority.--Section 8379 is
repealed.
PART II--SEPARATION AND RETIREMENT
SEC. 1341. COMPUTATION OF HIGHEST GRADE IN WHICH
SATISFACTORILY SERVED FOR RESERVE COMMISSIONED
OFFICERS AND FORMER OFFICERS.
Section 1370 is amended by adding at the end the following
new subsection:
``(d)(1) Unless entitled to a higher grade, or to credit
for satisfactory service in a higher grade, under some other
provision of law, a person who is entitled to retired pay
under chapter 1225 of this title shall, upon application
under section 12731 of this title, be credited with
satisfactory service in the highest grade in which that
person served satisfactorily at any time in the armed forces,
as determined by the Secretary concerned in accordance with
this subsection.
``(2)(A) In order to be credited with satisfactory service
in an officer grade (other than a warrant officer grade)
below the grade of lieutenant colonel or commander, a person
covered by paragraph (1) must have served satisfactorily in
that grade (as determined by the Secretary of the military
department concerned) as a reserve commissioned officer in an
active status, or in a retired status on active duty, for not
less than six months.
``(B) In order to be credited with satisfactory service in
an officer grade above major or lieutenant commander and
below lieutenant general or vice admiral, a person covered by
paragraph (1) must have served satisfactorily in that grade
(as determined by the Secretary of the military department
concerned) as a reserve commissioned officer in an active
status, or in a retired status on active duty, for not less
than three years. A person covered by the preceding sentence
who has completed at least six months of satisfactory service
in grade and is transferred from an active status or
discharged as a reserve commissioned officer solely due to
the requirements of a nondiscretionary provision of law
requiring that transfer or discharge due to the person's age
or years of service may be credited with satisfactory service
in the grade in which serving at the time of such transfer or
discharge, notwithstanding failure of the person to complete
three years of service in that grade.
``(3) A person whose length of service in the highest grade
held does not meet the service in grade requirements
specified in this subsection shall be credited with
satisfactory service in the next lower grade in which that
person served satisfactorily (as determined by the Secretary
of the military department concerned) for not less than six
months.''.
PART III--OTHER AMENDMENTS
SEC. 1351. TENURE IN OFFICE OF CHIEF OF NATIONAL GUARD
BUREAU.
Section 3040(c) is amended by adding at the end the
following new sentence: ``While holding that office, the
Chief of the National Guard Bureau may not be removed from
the reserve active-status list, or from an active status,
under any provision of law that otherwise would require such
removal due to completion of a specified number of years of
service or a specified number of years of service in
grade.''.
SEC. 1352. RIGHT TO REENLIST IN REGULAR ARMY OR REGULAR AIR
FORCE AFTER SERVICE AS AN OFFICER.
(a) Army.--Section 3258 is amended--
(1) by striking out ``Any former enlisted member'' and
inserting in lieu thereof ``(a) Subject to subsections (b)
and (c), a former enlisted member'';
(2) by striking out the last sentence; and
(3) by adding at the end the following:
``(b) A person who is a former enlisted member is not
entitled to be reenlisted under subsection (a) if that person
is discharged or released from active duty from service as an
officer described in that subsection--
``(1) because that person's performance of duty while
serving as such an officer has fallen below standards
prescribed by the Secretary of Defense;
``(2) because of misconduct or moral or professional
dereliction; or
``(3) because retention of that person as an officer is not
clearly consistent with the interest of national security.
``(c) A person who is a former enlisted member is not
entitled to be reenlisted under subsection (a) if that
person's status and grade as an enlisted member were only
held during, and solely as a result of, participation in a
precommissioning program after the effective date of the
Reserve Officer Personnel Management Act.''.
(b) Air Force.--Section 8258 is amended--
(1) by striking out ``Any former enlisted member'' and
inserting in lieu thereof ``(a) Subject to subsections (b)
and (c), a former enlisted member'';
(2) by striking out the last sentence; and
(3) by adding at the end the following:
``(b) A person who is a former enlisted member is not
entitled to be reenlisted under subsection (a) if that person
is discharged or released from active duty from service as an
officer described in that subsection--
``(1) because that person's performance of duty while
serving as such an officer has fallen below standards
prescribed by the Secretary of Defense;
``(2) because of misconduct or moral or professional
dereliction; or
``(3) because retention of that person as an officer is not
clearly consistent with the interest of national security.
``(c) A person who is a former enlisted member is not
entitled to be reenlisted under subsection (a) if that
person's status and grade as an enlisted member were only
held during, and solely as a result of, participation in a
precommissioning program after the effective date of the
Reserve Officer Personnel Management Act.''.
Subtitle C--Reorganization and Consolidation of Laws Relating to
Reserve Components
SEC. 1361. LAWS RELATING TO ORGANIZATION AND ADMINISTRATION
OF RESERVE COMPONENTS.
(a) Reserve Components Generally.--(1) Subtitle E, as added
by section 1311, is amended by inserting after the table of
chapters at the beginning of the subtitle the following:
``PART I--ORGANIZATION AND ADMINISTRATION
``Chap Sec.
``1001. Definitions...........................................10001....
[[Page 1054]]
``1003. Reserve Components Generally..........................10101....
``1005. Elements of Reserve Components........................10141....
``1007. Administration of Reserve Components..................10201....
``1009. Reserve Forces Policy Boards and Committees...........10301....
``1011. National Guard Bureau.................................10501....
``1013. Budget Information and Annual Reports to Congress.....10541....
``CHAPTER 1001--DEFINITIONS
``Sec.
``10001. Definition of State.
``Sec. 10001. Definition of State
``In this subtitle, the term `State' includes the District
of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, and Guam.
``CHAPTER 1003--RESERVE COMPONENTS GENERALLY
``Sec.
``10101. Reserve components named.
``10102. Purpose of reserve components.
``10103. Basic policy for order of National Guard into Federal service.
``10104. Army Reserve: composition.
``10105. Army National Guard of the United States: composition.
``10106. Army National Guard: when a component of the Army.
``10107. Army National Guard of the United States: status when not in
Federal service.
``10108. Naval Reserve: administration.
``10109. Marine Corps Reserve: administration.
``10110. Air Force Reserve: composition.
``10111. Air National Guard of the United States: composition.
``10112. Air National Guard: when a component of the Air Force.
``10113. Air National Guard of the United States: status when not in
Federal service.
``10114. Coast Guard Reserve.
``Sec. 10101. Reserve components named
``The reserve components of the armed forces are:
``(1) The Army National Guard of the United States.
``(2) The Army Reserve.
``(3) The Naval Reserve.
``(4) The Marine Corps Reserve.
``(5) The Air National Guard of the United States.
``(6) The Air Force Reserve.
``(7) The Coast Guard Reserve.
``Sec. 10102. Purpose of reserve components
``The purpose of each reserve component is to provide
trained units and qualified persons available for active duty
in the armed forces, in time of war or national emergency,
and at such other times as the national security may require,
to fill the needs of the armed forces whenever, during and
after the period needed to procure and train additional units
and qualified persons to achieve the planned mobilization,
more units and persons are needed than are in the regular
components.
``Sec. 10103. Basic policy for order of the National Guard
and reserve components to active duty
``Whenever Congress determines that more units and
organizations are needed for the national security than are
in the regular components of the ground and air forces, the
Army National Guard of the United States and the Air National
Guard of the United States, or such parts of them as are
needed, together with units of other reserve components
necessary for a balanced force, shall be ordered to active
duty and retained as long as so needed.
``Sec. 10104. Army Reserve: composition
``The Army Reserve includes all Reserves of the Army who
are not members of the Army National Guard of the United
States.
``Sec. 10105. Army National Guard of the United States:
composition
``The Army National Guard of the United States is the
reserve component of the Army that consists of--
``(1) federally recognized units and organizations of the
Army National Guard; and
``(2) members of the Army National Guard who are also
Reserves of the Army.
``Sec. 10106. Army National Guard: when a component of the
Army
``The Army National Guard while in the service of the
United States is a component of the Army.
``Sec. 10107. Army National Guard of the United States:
status when not in Federal service
``When not on active duty, members of the Army National
Guard of the United States shall be administered, armed,
equipped, and trained in their status as members of the Army
National Guard.
``Sec. 10108. Naval Reserve: administration
``(a) The Naval Reserve is the reserve component of the
Navy. It shall be organized, administered, trained, and
supplied under the direction of the Chief of Naval
Operations.
``(b) The bureaus and offices of the executive part of the
Department of the Navy have the same relation and
responsibility to the Naval Reserve as they do to the Regular
Navy.
``Sec. 10109. Marine Corps Reserve: administration
``(a) The Marine Corps Reserve is the reserve component of
the Marine Corps. It shall be organized, administered,
trained, and supplied under the direction of the Commandant
of the Marine Corps.
``(b) The departments and offices of Headquarters, Marine
Corps have the same relation and responsibilities to the
Marine Corps Reserve as they do to the Regular Marine Corps.
``Sec. 10110. Air Force Reserve: composition
``The Air Force Reserve is a reserve component of the Air
Force to provide a reserve for active duty. It consists of
the members of the officers' section of the Air Force Reserve
and of the enlisted section of the Air Force Reserve. It
includes all Reserves of the Air Force who are not members of
the Air National Guard of the United States.
``Sec. 10111. Air National Guard of the United States:
composition
``The Air National Guard of the United States is the
reserve component of the Air Force that consists of--
``(1) federally recognized units and organizations of the
Air National Guard; and
``(2) members of the Air National Guard who are also
Reserves of the Air Force.
``Sec. 10112. Air National Guard: when a component of the Air
Force
``The Air National Guard while in the service of the United
States is a component of the Air Force.
``Sec. 10113. Air National Guard of the United States: status
when not in Federal service
``When not on active duty, members of the Air National
Guard of the United States shall be administered, armed,
equipped, and trained in their status as members of the Air
National Guard.
``Sec. 10114. Coast Guard Reserve
``As provided in section 701 of title 14, the Coast Guard
Reserve is a component of the Coast Guard and is organized,
administered, trained, and supplied under the direction of
the Commandant of the Coast Guard. Laws applicable to the
Coast Guard Reserve are set forth in chapter 21 of title 14
(14 U.S.C. 701 et seq.).
``CHAPTER 1005--ELEMENTS OF RESERVE COMPONENTS
``Sec.
``10141. Ready Reserve; Standby Reserve; Retired Reserve: placement and
status of members; training categories.
``10142. Ready Reserve generally.
``10143. Ready Reserve: Selected Reserve.
``10144. Ready Reserve: Individual Ready Reserve.
``10145. Ready Reserve: placement in.
``10146. Ready Reserve: transfer from.
``10147. Ready Reserve: training requirements.
``10148. Ready Reserve: failure to satisfactorily perform prescribed
training.
``10149. Ready Reserve: continuous screening.
``10150. Ready Reserve: transfer back from Standby Reserve.
``10151. Standby Reserve: composition.
``10152. Standby Reserve: inactive status list.
``10153. Standby Reserve: status of members.
``10154. Retired Reserve.
``Sec. 10141. Ready Reserve; Standby Reserve; Retired
Reserve: placement and status of members; training
categories
``(a) There are in each armed force a Ready Reserve, a
Standby Reserve, and a Retired Reserve. Each Reserve shall be
placed in one of those categories.
``(b) Reserves who are on the inactive status list of a
reserve component, or who are assigned to the inactive Army
National Guard or the inactive Air National Guard, are in an
inactive status. Members in the Retired Reserve are in a
retired status. All other Reserves are in an active status.
``(c) As prescribed by the Secretary concerned, each
reserve component except the Army National Guard of the
United States and the Air National Guard of the United States
shall be divided into training categories according to the
degrees of training, including the number and duration of
drills or equivalent duties to be completed in stated
periods. The designation of training categories shall be the
same for all armed forces and the same within the Ready
Reserve and the Standby Reserve.
``Sec. 10142. Ready Reserve
``(a) The Ready Reserve consists of units or Reserves, or
both, liable for active duty as provided in sections 12301
and 12302 of this title.
``(b) The authorized strength of the Ready Reserve is
2,900,000.
``Sec. 10143. Ready Reserve: Selected Reserve
``(a) Within the Ready Reserve of each of the reserve
components there is a Selected Reserve. The Selected Reserve
consists of units, and, as designated by the Secretary
concerned, of Reserves, trained as prescribed in section
10147(a)(1) of this title or section 502(a) of title 32, as
appropriate.
``(b) The organization and unit structure of the Selected
Reserve shall be approved--
``(1) in the case of all reserve components other than the
Coast Guard Reserve, by the Secretary of Defense based upon
recommendations from the military departments as approved by
the Chairman of the Joint Chiefs of Staff in accordance with
contingency and war plans; and
``(2) in the case of the Coast Guard Reserve, by the
Secretary of Transportation upon the recommendation of the
Commandant of the Coast Guard.
``Sec. 10144. Ready Reserve: Individual Ready Reserve
``Within the Ready Reserve of each of the reserve
components there is an Individual Ready Reserve. The
Individual Ready Reserve consists of those members of the
Ready Reserve who are not in the Selected Reserve or the
inactive National Guard.
``Sec. 10145. Ready Reserve: placement in
``(a) Each person required under law to serve in a reserve
component shall, upon be-
[[Page 1055]]
coming a member, be placed in the Ready Reserve of his armed
force for his prescribed term of service, unless he is
transferred to the Standby Reserve under section 10146(a) of
this title.
``(b) The units and members of the Army National Guard of
the United States and of the Air National Guard of the United
States are in the Ready Reserve of the Army and the Ready
Reserve of the Air Force, respectively.
``(c) All Reserves assigned to units organized to serve as
units and designated as units in the Ready Reserve are in the
Ready Reserve.
``(d) Under such regulations as the Secretary concerned may
prescribe, any qualified member of a reserve component or any
qualified retired enlisted member of a regular component may,
upon his request, be placed in the Ready Reserve. However, a
member of the Retired Reserve entitled to retired pay or a
retired enlisted member of a regular component may not be
placed in the Ready Reserve unless the Secretary concerned
makes a special finding that the member's services in the
Ready Reserve are indispensable. The Secretary concerned may
not delegate his authority under the preceding sentence.
``Sec. 10146. Ready Reserve: transfer from
``(a) Subject to subsection (c) and under regulations
prescribed by the Secretary of Defense, or by the Secretary
of Transportation with respect to the Coast Guard when it is
not operating as a service in the Navy, a member in the Ready
Reserve may be transferred to the Standby Reserve.
``(b) A Reserve who is qualified and so requests may be
transferred to the Retired Reserve under regulations
prescribed by the Secretary concerned and, in the case of the
Secretary of a military department, approved by the Secretary
of Defense.
``(c) A member of the Army National Guard of the United
States or the Air National Guard of the United States may be
transferred to the Standby Reserve only with the consent of
the governor or other appropriate authority of the State.
``Sec. 10147. Ready Reserve: training requirements
``(a) Except as specifically provided in regulations to be
prescribed by the Secretary of Defense, or by the Secretary
of Transportation with respect to the Coast Guard when it is
not operating as a service in the Navy, each person who is
enlisted, inducted, or appointed in an armed force, and who
becomes a member of the Ready Reserve under any provision of
law except section 513 or 10145(b) of this title, shall be
required, while in the Ready Reserve, to--
``(1) participate in at least 48 scheduled drills or
training periods during each year and serve on active duty
for training of not less than 14 days (exclusive of
traveltime) during each year; or
``(2) serve on active duty for training not more than 30
days during each year.
``(b) A member who has served on active duty for one year
or longer may not be required to perform a period of active
duty for training if the first day of that period falls
during the last 120 days of the member's required membership
in the Ready Reserve.
``Sec. 10148. Ready Reserve: failure to satisfactorily
perform prescribed training
``(a) A member of the Ready Reserve covered by section
10147 of this title who fails in any year to perform
satisfactorily the training duty prescribed in that section,
as determined by the Secretary concerned under regulations
prescribed by the Secretary of Defense, may be ordered
without his consent to perform additional active duty for
training for not more than 45 days. If the failure occurs
during the last year of his required membership in the Ready
Reserve, his membership is extended until he performs that
additional active duty for training, but not for more than
six months.
``(b) A member of the Army National Guard of the United
States or the Air National Guard of the United States who
fails in any year to perform satisfactorily the training duty
prescribed by or under law for members of the Army National
Guard or the Air National Guard, as the case may be, as
determined by the Secretary concerned, may, upon the request
of the Governor of the State (or, in the case of the District
of Columbia, the commanding general of the District of
Columbia National Guard) be ordered, without his consent, to
perform additional active duty for training for not more than
45 days. A member ordered to active duty under this
subsection shall be ordered to duty as a Reserve of the Army
or as a Reserve of the Air Force, as the case may be.
``Sec. 10149. Ready Reserve: continuous screening
``(a) Under regulations to be prescribed by the President,
the Secretary concerned shall provide a system of continuous
screening of units and members of the Ready Reserve to ensure
the following:
``(1) That there will be no significant attrition of those
members or units during a mobilization.
``(2) That there is a proper balance of military skills.
``(3) That except for those with military skills for which
there is an overriding requirement, members having critical
civilian skills are not retained in numbers beyond the need
for those skills.
``(4) That with due regard to national security and
military requirements, recognition will be given to
participation in combat.
``(5) That members whose mobilization in an emergency would
result in an extreme personal or community hardship are
not retained in the Ready Reserve.
``(b) Under regulations to be prescribed by the Secretary
of Defense, and by the Secretary of Transportation with
respect to the Coast Guard when it is not operating as a
service in the Navy, a member of the Ready Reserve who is
designated as a member not to be retained in the Ready
Reserve as a result of screening under subsection (a) shall,
as appropriate, be--
``(1) transferred to the Standby Reserve;
``(2) discharged; or
``(3) if the member is eligible and applies therefor,
transferred to the Retired Reserve.
``Sec. 10150. Ready Reserve: transfer back from Standby
Reserve
``Under regulations to be prescribed by the Secretary of
Defense, and by the Secretary of Transportation with respect
to the Coast Guard when it is not operating as a service in
the Navy, a member of the Standby Reserve who has not
completed his required period of service in the Ready Reserve
may be transferred to the Ready Reserve when the reason for
his transfer to the Standby Reserve no longer exists.
``Sec. 10151. Standby Reserve: composition
``The Standby Reserve consists of those units or members,
or both, of the reserve components, other than those in the
Ready Reserve or Retired Reserve, who are liable for active
duty only as provided in sections 12301 and 12306 of this
title.
``Sec. 10152. Standby Reserve: inactive status list
``(a) An inactive status list shall be maintained in the
Standby Reserve. Whenever an authority designated by the
Secretary concerned considers that it is in the best interest
of the armed force concerned, a member in the Standby Reserve
who is not required to remain a Reserve, and who cannot
participate in prescribed training, may, if qualified, be
transferred to the inactive status list under regulations to
be prescribed by the Secretary concerned. These regulations
shall fix the conditions under which such a member is
entitled to be returned to an active status.
``Sec. 10153. Standby Reserve: status of members
``While in an inactive status, a Reserve is not eligible
for pay or promotion and (as provided in section 12734(a) of
this title) does not accrue credit for years of service under
chapter 1223 of this title.
``Sec. 10154. Retired Reserve
``The Retired Reserve consists of the following Reserves:
``(1) Reserves who are or have been retired under section
3911, 6323, or 8911 of this title or under section 291 of
title 14.
``(2) Reserves who have been transferred to the Retired
Reserve upon their request, retain their status as Reserves,
and are otherwise qualified.
``CHAPTER 1007--ADMINISTRATION OF RESERVE COMPONENTS
``Sec.
``10201. Assistant Secretary of Defense for Reserve Affairs.
``10202. Regulations.
``10203. Reserve affairs: designation of general or flag officer of
each armed force.
``10204. Personnel records.
``10205. Members of Individual Ready Reserve: requirement of
notification of change of status.
``10206. Members: periodic physical examinations.
``10207. Mobilization forces: maintenance.
``10208. Annual mobilization exercise.
``10209. Regular and reserve components: discrimination prohibited.
``10210. Dissemination of information.
``10211. Policies and regulations: participation of reserve officers in
preparation and administration.
``10212. Gratuitous services of officers: authority to accept.
``10213. Reserve components: dual membership prohibited.
``10214. Adjutants general and assistant adjutants general: reference
to other officers of National Guard.
``10215. Officers of Army National Guard of the United States and Air
National Guard of the United States: authority with
respect to Federal status.
``Sec. 10201. Assistant Secretary of Defense for
Reserve Affairs
``As provided in section 138(b)(2) of this title, the
official in the Department of Defense with responsibility for
overall supervision of reserve component affairs of the
Department of Defense is the Assistant Secretary of Defense
for Reserve Affairs.
``Sec. 10202. Regulations
``(a) Subject to standards, policies, and procedures
prescribed by the Secretary of Defense, the Secretary of each
military department shall prescribe such regulations as the
Secretary considers necessary to carry out provisions of law
relating to the reserve components under the
Secretary's jurisdiction.
``(b) The Secretary of Transportation, with the concurrence
of the Secretary of the Navy, shall prescribe such
regulations as the Secretary considers necessary to carry out
all provisions of law relating to the reserve components
insofar as they relate to the Coast Guard, except when the
Coast Guard is operating as a service in the Navy.
``(c) So far as practicable, regulations for all reserve
components shall be uniform.
[[Page 1056]]
``Sec. 10203. Reserve affairs: designation of general or flag
officer of each armed force
``(a) The Secretary of the Army may designate a general
officer of the Army to be directly responsible for reserve
affairs to the Chief of Staff of the Army.
``(b) The Secretary of the Navy may designate a flag
officer of the Navy to be directly responsible for reserve
affairs to the Chief of Naval Operations and a general
officer of the Marine Corps to be directly responsible for
reserve affairs to the Commandant of the Marine Corps.
``(c) The Secretary of the Air Force may designate a
general officer of the Air Force to be directly responsible
for reserve affairs to the Chief of Staff of the Air Force.
``(d) The Secretary of Transportation may designate a flag
officer of the Coast Guard to be directly responsible for
reserve affairs to the Commandant of the Coast Guard.
``(e) This section does not affect the functions of the
Chief of the National Guard Bureau, the Chief of Army
Reserve, or the Chief of Air Force Reserve.
``Sec. 10204. Personnel records
``(a) The Secretary concerned shall maintain adequate and
current personnel records of each member of the reserve
components under the Secretary's jurisdiction showing the
following with respect to the member:
``(1) Physical condition.
``(2) Dependency status.
``(3) Military qualifications.
``(4) Civilian occupational skills.
``(5) Availability for service.
``(6) Such other information as the Secretary concerned may
prescribe.
``(b) Under regulations to be prescribed by the Secretary
of Defense, the Secretary of each military department shall
maintain a record of the number of members of each class of
each reserve component who, during each fiscal year, have
participated satisfactorily in active duty for training and
inactive duty training with pay.
``Sec. 10205. Members of Ready Reserve: requirement of
notification of change of status
``(a) Each member of the Ready Reserve shall notify the
Secretary concerned of any change in the member's address,
marital status, number of dependents, or civilian employment
and of any change in the member's physical condition that
would prevent the member from meeting the physical or mental
standards prescribed for the member's armed force.
``(b) This section shall be administered under regulations
prescribed by the Secretary of Defense and by the Secretary
of Transportation with respect to the Coast Guard when it is
not operating as a service in the Navy.
``Sec. 10206. Members: periodic physical examinations
``(a) Each member of the Ready Reserve who is not on active
duty shall--
``(1) be examined as to his physical fitness every five
years, or more often as the Secretary concerned considers
necessary; and
``(2) execute and submit annually to the Secretary
concerned a certificate of physical condition.
Each Reserve in an active status, or on an inactive status
list, who is not on active duty shall execute and submit
annually to the Secretary concerned a certificate of physical
condition.
``(b) The kind of duty to which a Reserve ordered to active
duty may be assigned shall be considered in determining
physical qualifications for active duty.
``Sec. 10207. Mobilization forces: maintenance
``(a) Whenever units or members of the reserve components
are ordered to active duty (other than for training) during a
period of partial mobilization, the Secretary concerned shall
continue to maintain mobilization forces by planning and
budgeting for the continued organization and training of the
reserve components not mobilized, and make the fullest
practicable use of the Federal facilities vacated by
mobilized units, consistent with approved joint mobilization
plans.
``(b) In this section, the term `partial mobilization'
means the mobilization resulting from action by Congress or
the President, under any law, to bring units of any reserve
component, and members not assigned to units organized to
serve as units, to active duty for a limited expansion of the
active armed forces.
``Sec. 10208. Annual mobilization exercise
``(a) The Secretary of Defense shall conduct at least one
major mobilization exercise each year. The exercise should be
as comprehensive and as realistic as possible and should
include the participation of associated active component and
reserve component units.
``(b) The Secretary shall maintain a plan to test
periodically each active component and reserve component unit
based in the United States and all interactions of such
units, as well as the sustainment of the forces mobilized as
part of the exercise, with the objective of permitting an
evaluation of the adequacy of resource allocation and
planning.
``Sec. 10209. Regular and reserve components: discrimination
prohibited
``Laws applying to both Regulars and Reserves shall be
administered without discrimination--
``(1) among Regulars;
``(2) among Reserves; and
``(3) between Regulars and Reserves.
``Sec. 10210. Dissemination of information
``The Secretary of Defense shall require the complete and
current dissemination, to all Reserves and to the public, of
information of interest to the reserve components.
``Sec. 10211. Policies and regulations: participation of
Reserve officers in preparation and administration
``Within such numbers and in such grades and assignments as
the Secretary concerned may prescribe, each armed force shall
have officers of its reserve components on active duty (other
than for training) at the seat of government, and at
headquarters responsible for reserve affairs, to participate
in preparing and administering the policies and regulations
affecting those reserve components. While so serving, such an
officer is an additional number of any staff with which he is
serving.
``Sec. 10212. Gratuitous services of officers: authority to
accept
``Notwithstanding section 1342 of title 31, the Secretary
of a military department may accept the gratuitous services
of an officer of a reserve component under the Secretary's
jurisdiction (other than an officer of the Army National
Guard of the United States or the Air National Guard of the
United States)--
``(1) in the furtherance of the enrollment, organization,
and training of that officer's reserve component or the
Reserve Officers' Training Corps; or
``(2) in consultation upon matters relating to the armed
forces.
``Sec. 10213. Reserve components: dual membership prohibited
``Except as otherwise provided in this title, no person may
be a member of more than one reserve component at the same
time.
``Sec. 10214. Adjutants general and assistant adjutants
general: reference to other officers of National Guard
``In any case in which, under the laws of a State, an
officer of the National Guard of that jurisdiction, other
than the adjutant general or an assistant adjutant general,
normally performs the duties of that office, the references
in sections 12004(b)(1), 12215, 12642(c), 14507(b), 14508(e),
and 14512 of this title to the adjutant general or the
assistant adjutant general shall be applied to that officer
instead of to the adjutant general or assistant adjutant
general.
``Sec. 10215. Officers of Army National Guard of the United
States and Air National Guard of the United States:
authority with respect to Federal status
``(a)(1) Officers of the Army National Guard of the United
States who are not on active duty--
``(A) may order members of the Army National Guard of the
United States to active duty for training under section
12301(d) of this title; and
``(B) with the approval of the Secretary of the Air Force,
may order members of the Air National Guard of the United
States to active duty for training under that section.
``(2) Officers of the Air National Guard of the United
States who are not on active duty--
``(A) may order members of the Air National Guard of the
United States to active duty for training under section
12301(d) of this title; and
``(B) with the approval of the Secretary of the Army, may
order members of the Army National Guard of the United States
to active duty for training under that section.
``(b) Officers of the Army National Guard of the United
States or the Air National Guard of the United States who are
not on active duty--
``(1) may enlist, reenlist, or extend the enlistments of
persons as Reserves of the Army or Reserves of the Air Force
for service in the Army National Guard of the United States
or the Air National Guard of the United States, as the case
may be; and
``(2) with respect to their Federal status, may promote or
discharge persons enlisted or reenlisted as Reserves of the
Army or Reserves of the Air Force for that service.
``(c) This section shall be carried out under regulations
prescribed by the Secretary of the Army, with respect to
matters concerning the Army, and by the Secretary of the Air
Force, with respect to matters concerning the Air Force.''.
(2)(A) Sections 261 through 265 and 267 through 281 are
repealed.
(B) Chapter 11 is amended by striking out the table of
sections at the beginning and inserting in lieu thereof the
following:
``Sec.
``261. Reference to chapters 1003, 1005, and 1007.
``Sec. 261. Reference to chapters 1003, 1005, and 1007
``Provisions of law relating to the reserve components
generally, including provisions relating to the organization
and administration of the reserve components, are set forth
in chapter 1003 (beginning with section 10101), chapter 1005
(beginning with section 10141), and chapter 1007 (beginning
with section 10201) of this title.''.
(3)(A) Chapter 519 and sections 652, 2001, 3076 through
3080, and 8076 through 8080 are repealed.
(B) Section 552(e) of Public Law 98-525 is repealed.
(4) Section 1004 is amended--
(A) by striking out subsections (a) and (b); and
(B) by striking out ``(c)'' before ``Except as otherwise
provided''.
(5)(A) Section 10147(a), as added by paragraph (1), applies
only to persons who were inducted, enlisted, or appointed in
an armed force after August 9, 1955.
[[Page 1057]]
(B) Section 10148(b), as added by paragraph (1), applies
only to persons who became members of the Army National Guard
of the United States or the Air National Guard of the United
States after October 4, 1961.
(b) Boards and Committees.--(1) Part I of subtitle E (as
added by subsection (a)) is amended by adding at the end the
following:
``CHAPTER 1009--RESERVE FORCES POLICY BOARDS AND COMMITTEES
``Sec.
``10301. Reserve Forces Policy Board.
``10302. Army Reserve Forces Policy Committee.
``10303. Naval Reserve Policy Board.
``10304. Marine Corps Reserve Policy Board.
``10305. Air Force Reserve Forces Policy Committee.
``Sec. 10301. Reserve Forces Policy Board
``(a) There is in the Office of the Secretary of Defense a
Reserve Forces Policy Board. The Board consists of the
following:
``(1) A civilian chairman appointed by the Secretary of
Defense.
``(2) The Assistant Secretary of the Army for Manpower and
Reserve Affairs, the Assistant Secretary of the Navy for
Manpower and Reserve Affairs, and the Assistant Secretary of
the Air Force for Manpower and Reserve Affairs.
``(3) An officer of the Regular Army designated by the
Secretary of the Army.
``(4) An officer of the Regular Navy or Regular Marine
Corps designated by the Secretary of the Navy.
``(5) An officer of the Regular Air Force designated by the
Secretary of the Air Force.
``(6) Four reserve officers designated by the Secretary of
Defense upon the recommendation of the Secretary of the Army,
two of whom must be members of the Army National Guard of the
United States, and two of whom must be members of the Army
Reserve.
``(7) Four reserve officers designated by the Secretary of
Defense upon the recommendation of the Secretary of the Navy,
two of whom must be members of the Naval Reserve, and two of
whom must be members of the Marine Corps Reserve.
``(8) Four reserve officers designated by the Secretary of
Defense upon the recommendation of the Secretary of the Air
Force, two of whom must be members of the Air National Guard
of the United States, and two of whom must be members of the
Air Force Reserve.
``(9) A reserve officer of the Army, Navy, Air Force, or
Marine Corps who is a general officer or flag officer
designated by the Chairman of the Board with the approval of
the Secretary of Defense, and who serves without vote as
military adviser to the Chairman and as executive officer of
the Board.
``(b) Whenever the Coast Guard is not operating as a
service in the Navy, the Secretary of Transportation may
designate two officers of the Coast Guard, Regular or
Reserve, to serve as voting members of the Board.
``(c) The Board, acting through the Assistant Secretary of
Defense for Reserve Affairs, is the principal policy adviser
to the Secretary of Defense on matters relating to the
reserve components.
``(d) This section does not affect the committees on
reserve policies prescribed within the military departments
by sections 10302 through 10305 of this title.
``(e) A member of a committee or board prescribed under a
section listed in subsection (d) may, if otherwise eligible,
be a member of the Reserve Forces Policy Board.
``(f) The Board shall act on those matters referred to it
by the Chairman and, in addition, on any matter raised by a
member of the Board.
``Sec. 10303. Naval Reserve Policy Board
``A Naval Reserve Policy Board shall be convened at least
once annually at the seat of government to consider,
recommend, and report to the Secretary of the Navy on reserve
policy matters. At least half of the members of the Board
must be officers of the Naval Reserve.
``Sec. 10304. Marine Corps Reserve Policy Board
``A Marine Corps Reserve Policy Board shall be convened at
least once annually at the seat of government to consider,
recommend, and report to the Secretary of the Navy on reserve
policy matters. At least half of the members of the Board
must be officers of the Marine Corps Reserve.''.
(2)(A) Section 3021 is transferred to chapter 1009 (as
added by paragraph (1)), inserted after section 10301, and
redesignated as section 10302.
(B) Section 8021 is transferred to chapter 1009 (as added
by paragraph (1)), inserted after section 10304, and
redesignated as section 10305.
(3) The text of section 175 is amended to read as follows:
``There is in the Office of the Secretary of Defense a
Reserve Forces Policy Board. The functions, membership, and
organization of that board are set forth in section 10301 of
this title.''.
(4)(A) Chapter 303 (as amended by paragraph (2)(A)) is
amended by adding at the end the following:
``Sec. 3021. Army Reserve Forces Policy Committee
``There is in the Office of the Secretary of the Army an
Army Reserve Forces Policy Committee. The functions,
membership, and organization of that committee are set forth
in section 10302 of this title.''.
(B) Chapter 803 (as amended by paragraph (2)(B)) is amended
by adding at the end the following:
``Sec. 8021. Air Force Reserve Forces Policy Committee
``There is in the Office of the Secretary of the Air Force
an Air Force Reserve Forces Policy Committee. The functions,
membership, and organization of that committee are set forth
in section 10305 of this title.''.
(c) National Guard Bureau.--(1) Part I of subtitle E, as
added by subsection (a), is amended by adding after chapter
1009, as added by subsection (b), the following:
``CHAPTER 1011--NATIONAL GUARD BUREAU
``Sec.
``10501. National Guard Bureau: organization; function.
``10502. Chief of Bureau: appointment.
``10503. Chief of Bureau: term of office; grade; filling vacancy.
``10504. National Guard Bureau: assignment of officers of regular or
reserve components.
``Sec. 10501. National Guard Bureau: organization; function
``There is a National Guard Bureau, which is a joint bureau
of the Department of the Army and the Department of the Air
Force. The National Guard Bureau is the channel of
communication between the departments concerned and the
several States, Territories, Puerto Rico, and the District of
Columbia on all matters pertaining to the National Guard, the
Army National Guard of the United States, and the Air
National Guard of the United States.
``Sec. 10502. Chief of Bureau: appointment
``(a) Chief.--The National Guard Bureau is headed by a
chief who is the adviser to the Army Chief of Staff and the
Air Force Chief of Staff on National Guard matters.
``(b) Appointment.--The President, by and with the advice
and consent of the Senate, shall appoint the Chief of the
Bureau from officers of the Army National Guard of the United
States or the Air National Guard of the United States who--
``(1) have been recommended by their respective governors;
``(2) have had at least 10 years of commissioned service in
the active National Guard; and
``(3) are in a grade above lieutenant colonel.
``Sec. 10503. Chief of Bureau: term of office; grade; filling
vacancy
``(a) Term of Office.--The Chief of the National Guard
Bureau holds office for four years, but may be removed for
cause at any time. An officer may not hold the office of
Chief of the Bureau after attaining 64 years of age. He is
eligible to succeed himself. While holding that office, the
Chief of the Bureau may not be removed from the reserve
active-status list, or from an active status, under any
provision of law that otherwise would require such removal
due to completion of a specified number of years of service
or a specified number of years of service in grade.
``(b) Grade While Serving.--If an officer appointed as
Chief of the National Guard Bureau holds a lower reserve
grade, the officer shall be appointed as a Reserve in his
armed force in the grade of major general for service in the
Army National Guard of the United States or the Air National
Guard of the United States, as the case may be, while serving
as Chief of the Bureau.
``(c) Disability; Vacancy.--If the Chief of the Bureau is
unable, because of disability, to perform the functions of
his office, or if that office is vacant, the senior officer
of the Army National Guard of the United States or the Air
National Guard of the United States on duty in the Bureau
shall act as its chief until the disability ceases or a
successor is appointed.
``Sec. 10504. National Guard Bureau: assignment of officers
of regular or reserve components
``Except as provided in section 12402(b) of this title, the
President may assign to duty in the National Guard Bureau as
many regular or reserve officers of the Army and the Air
Force as he considers necessary.''.
(2) Section 3040 (as amended by section 1351) and sections
3541 and 8541 are repealed.
(d) Annual Reports to Congress.--(1) Part I of subtitle E,
as added by subsection (a), is amended by adding after
chapter 1011, as added by subsection (c), the following:
``CHAPTER 1013--BUDGET INFORMATION AND ANNUAL REPORTS TO CONGRESS
``Sec.
``10541. National Guard and reserve component equipment: annual report
to Congress.
``10542. Army National Guard combat readiness: annual report.''.
(2)(A) Section 115b is transferred to chapter 1013, as
added by paragraph (1), inserted after the table of sections,
and redesignated as section 10541.
(B) The heading of that section is amended to read as
follows:
``Sec. 10541. National Guard and reserve component equipment:
annual report to Congress''.
(3) Section 3082 is transferred to chapter 1013, as added
by paragraph (1), inserted after section 10541 (as
transferred and redesignated by paragraph (2)), redesignated
as section 10542, and amended by striking out the word in the
section heading before the colon and by striking out
subsection (c).
SEC. 1362. LAWS RELATING TO RESERVE COMPONENT PERSONNEL
POLICY.
(a) Strength and Distribution in Grade.--(1) Subtitle E, as
added by section 1311, is amended by inserting after part I
of such subtitle, as added by section 1361, the following:
[[Page 1058]]
``PART II--PERSONNEL GENERALLY
``Chap. Sec.
``1201. Authorized Strengths and Distribution in Grade........12001....
``1203. Enlisted Members......................................12101....
``1205. Appointment of Reserve Officers.......................12201....
``1207. Warrant Officers......................................12241....
``1209. Active Duty...........................................12301....
``1211. National Guard Members in Federal Service.............12401....
``1213. Special Appointments, Assignments, Details, and Duties12501....
``1215. Miscellaneous Prohibitions
and Penalties.................................[No present sections]
``1217. Miscellaneous Rights and Benefits.....................12601....
``1219. Standards and Procedures for Retention and Promotion..12641....
``1221. Separation............................................12681....
``1223. Retired Pay for Non-Regular Service...................12731....
``1225. Retired Grade.........................................12771....
``CHAPTER 1201--AUTHORIZED STRENGTHS AND DISTRIBUTION IN
GRADE
``Sec.
``12001. Authorized strengths: reserve components.
``12002. Authorized strengths: Army and Air Force reserve components,
exclusive of members on active duty.
``12003. Authorized strengths: commissioned officers active status.
``12004. Strength in grade: reserve general and flag officers in an
active status.
``12005. Strength in grade: commissioned officers in grades below
brigadier general or rear admiral (lower half) in an
active status.
``12006. Strength limitations: authority to waive in time of war or
national emergency.
``12007. Reserve officers of the Army: distribution.
``12008. Army Reserve and Air Force Reserve: warrant officers.
``12009. Army and Air Force reserve components: temporary increases.
``12010. Computations for Naval Reserve and Marine Corps Reserve: rule
when fraction occurs in final result.
``12011. Authorized strengths: reserve officers on active duty or on
full-time National Guard duty for administration of the
reserves or the National Guard.
``12012. Authorized strengths: senior enlisted members on active duty
or on full-time National Guard duty for administration of
the reserves or the National Guard.
``Sec. 12001. Authorized strengths: reserve components
``(a) Whenever the authorized strength of a reserve
component (other than the Coast Guard Reserve) is not
prescribed by law, it shall be prescribed by the President.
``(b) Subject to the authorized strength of the reserve
component concerned, the authorized strength of each reserve
component (other than the Coast Guard Reserve) in members in
each grade is that which the Secretary concerned determines
to be necessary to provide for mobilization requirements. The
Secretary shall review these determinations at least once
each year and revise them if he considers it necessary.
However, a member of the reserve component concerned may not,
as a result of such a determination, be reduced in the
member's reserve grade without the member's consent.
``Sec. 12002. Authorized strengths: Army and Air Force
reserve components, exclusive of members on active duty
``(a) The authorized strengths of the National Guard and
the reserve components of
the Army and the Air Force, exclusive of members who are
included in the strengths authorized for members of the Army
and Air Force, respectively, on active duty, are as follows:
``Army National Guard and the Army National Guard of the United
States.......................................................600,000
``Army Reserve.............................................980,000
``Air National Guard and the Air National Guard of the United
States.......................................................150,000
``Air Force Reserve........................................500,000.
``(b) The strength authorized by this section for the Army
National Guard and the Army National Guard of the United
States, and the strength authorized by this section for the
Air National Guard and the Air National Guard of the United
States, shall be allocated among the States.
``Sec. 12003. Authorized strengths: commissioned officers in
an active status
``(a) The authorized strengths of the Army, Navy, Air
Force, and Marine Corps in reserve commissioned officers,
other than commissioned warrant officers and officers on an
active-duty list, in an active status are as follows:
``Army.....................................................275,000
``Air Force................................................200,000
``Navy.....................................................150,000
``Marine Corps..............................................24,500.
``(b) The authorized strengths prescribed by subsection (a)
may not be exceeded unless--
``(1) the Secretary concerned determines that a greater
number is necessary for planned mobilization requirements; or
``(2) the excess results directly from the operation of a
nondiscretionary provision of law.
``Sec. 12004. Strength in grade: reserve general and flag
officers in an active status
``(a) The authorized strengths of the Army, Air Force, and
Marine Corps in reserve general officers in an active status,
and the authorized strength of the Navy in reserve officers
in the grades of rear admiral (lower half) and rear admiral
in an active-status, are as follows:
``Army.........................................................207
``Air Force....................................................157
``Navy..........................................................48
``Marine Corps..................................................10.
``(b) The following Army and Air Force reserve officers
shall not be counted for purposes of this section:
``(1) Those serving as adjutants general or assistant
adjutants general of a State.
``(2) Those serving in the National Guard Bureau.
``(3) Those counted under section 526 of this title.
``(c)(1) The authorized strength of the Navy under
subsection (a) is exclusive of officers counted under section
526 of this title. Of the number authorized under subsection
(a), 39 are distributed among the line and the staff corps as
follows:
``Line..........................................................28
``Medical Corps..................................................5
``Chaplain Corps.................................................1
``Judge Advocate General's Corps.................................1
``Dental Corps...................................................2
``Nurse Corps....................................................1
``Medical Service Corps..........................................1
``(2) The remaining authorizations for the Navy under
subsection (a) shall be distributed among such other staff
corps as are established by the Secretary of the Navy under
the authority provided by section 5150(b) of this title,
except that--
``(A) if the Secretary has established a Supply Corps, the
authorized strength for the Supply Corps shall be seven; and
``(B) if the Secretary has established a Civil Engineering
Corps, the authorized strength for the Civil Engineering
Corps shall be two.
``(3) Not more than 50 percent of the officers in an active
status authorized under this section for the Navy may serve
in the grade of rear admiral.
``(d) The authorized strength of the Marine Corps under
subsection (a) is exclusive of those counted under section
526 of this title.
``(e)(1) A reserve general officer of the Army or Air Force
may not be reduced in grade because of a reduction in the
number of general officers authorized under subsection (a).
``(2) An officer of the Naval Reserve or the Marine Corps
Reserve may not be reduced in permanent grade because of a
reduction in the number authorized by this section for his
grade.
``Sec. 12005. Strength in grade: commissioned officers in
grades below brigadier general or rear admiral (lower half)
in an active status
``(a)(1) Subject to paragraph (2), the authorized strength
of the Army and the Air Force in reserve commissioned
officers in an active status in each grade named in paragraph
(2) is as prescribed by the Secretary of the Army or the
Secretary of the Air Force, respectively. A vacancy in any
grade may be filled by an authorized appointment in any lower
grade.
``(2) A strength prescribed by the Secretary concerned
under paragraph (1) for a grade may not be higher than the
percentage of the strength authorized for the Army or the Air
Force, as the case may be, under section 12003 of this title
that is specified for that grade as follows:
------------------------------------------------------------------------
Air Force
Grade Army percentage percentage
------------------------------------------------------------------------
Colonel........................ 2 1.8
Lieutenant colonel............. 6 4.6
Major.......................... 13 14.0
Captain........................ 35 32.0
First lieutenant and second
lieutenant (when combined with
the number authorized for
general officer grades under
section 12004 of this title).. 44 47.6
------------------------------------------------------------------------
``(b)(1) The authorized strengths of the Naval Reserve in
line officers in an active status in the grades of captain,
commander, lieutenant commander, and lieutenant, and in the
grades of lieutenant (junior grade) and ensign combined, are
the following percentages of the total authorized number of
those officers:
``Captain..................................................1.5 percent
``Commander..................................................7 percent
``Lieutenant commander......................................22 percent
``Lieutenant................................................37 percent
``Lieutenant (junior grade) and ensign (when combined with the number
authorized for flag officer grades under section 12004 o32.5 percent.
``(2) When the actual number of line officers in an active
status in any grade is less than the number authorized by
paragraph (1) for that grade, the difference may be applied
to increase the number authorized by that paragraph for any
lower grade or grades.
``(c)(1) The authorized strengths of the Marine Corps
Reserve in officers in an active status in the grades of
colonel, lieutenant colonel, major, and captain, and in the
grades of first lieutenant and second lieutenant combined,
are the following percentages of the total authorized number
of those officers:
[[Page 1059]]
``Colonel....................................................2 percent
``Lieutenant colonel.........................................6 percent
``Major.....................................................12 percent
``Captain...................................................35 percent
``First lieutenant and second lieutenant (when combined with the number
authorized for general officer grades under section 12004 of this
title)..................................................32.5 percent.
``(2) When the actual number of officers in an active
status in any grade is less than the number authorized by
paragraph (1) for that grade, the difference may be applied
to increase the number authorized by that paragraph for any
lower grade or grades.
``(d)(1) An officer of the Army or Air Force may not be
reduced in grade because of a reduction in the number of
commissioned officers authorized for the officer's grade
under this section.
``(2) An officer of the Naval Reserve or the Marine Corps
Reserve may not be reduced in permanent grade because of a
reduction in the number authorized by this section for his
grade.
``Sec. 12006. Strength limitations: authority to waive in
time of war or national emergency
``(a) In time of war, or of national emergency declared by
Congress or the President, the President may suspend the
operation of any provision of section 12003, 12004, or 12005
of this title. So long as any such war or national emergency
continues, any such suspension may be extended by the
President.
``(b) Any suspension under subsection (a) shall, if not
sooner ended, end on the last day of the two-year period
beginning on the date on which the suspension (or the last
extension thereof) takes effect or on the last day of the
one-year period beginning on the date of the termination of
the war or national emergency, whichever occurs first. With
respect to the end of any such suspension, the preceding
sentence supersedes the provisions of title II of the
National Emergencies Act (50 U.S.C. 1621, 1622) which provide
that powers or authorities exercised by reason of a national
emergency shall cease to be exercised after the date of
termination of the emergency.
``Sec. 12007. Reserve officers of the Army: distribution
``The Secretary of the Army shall distribute the number of
reserve commissioned officers, other than commissioned
warrant officers, authorized in each commissioned grade
between those assigned to reserve units organized to serve as
units and those not assigned to such units. The Secretary
shall distribute the number who are assigned to reserve units
organized to serve as units among the units of each reserve
component by prescribing appropriate tables of organization
and tables of distribution. The Secretary shall distribute
the number who are not assigned to such units between--
``(1) each special branch; and
``(2) all other branches taken together.
``Sec. 12008. Army Reserve and Air Force Reserve: warrant
officers
``The Secretary of the Army may prescribe the authorized
strength of the Army Reserve in warrant officers. The
Secretary of the Air Force may prescribe the authorized
strength of the Air Force Reserve in warrant officers.
``Sec. 12009. Army and Air Force reserve components:
temporary increases
``(a) The authorized strength in any reserve grade, as
prescribed under this chapter, for any reserve component
under the jurisdiction of the Secretary of the Army or the
Secretary of the Air Force is automatically increased to the
minimum extent necessary to give effect to each appointment
made in that grade under section 1211(a), 3036, 14304(b),
14314, or 14317 of this title.
``(b) An authorized strength so increased is increased for
no other purpose. While an officer holds that grade, the
officer whose appointment caused the increase is counted for
the purpose of determining when other appointments, not under
those sections, may be made in that grade.
``Sec. 12010. Computations for Naval Reserve and Marine Corps
Reserve: rule when fraction occurs in final result
``When there is a fraction in the final result of any
computation under this chapter for the Naval Reserve or the
Marine Corps Reserve, a fraction of one-half or more is
counted as one, and a fraction of less than one-half is
disregarded.
``Sec. 12012. Authorized strengths: senior enlisted members
on active duty or on full-time National Guard duty for
administration of the reserves or National Guard
``(a) The number of enlisted members in pay grades E-8 and
E-9 who may be on active duty (other than for training) or on
full-time National Guard duty under the authority of section
502(f) of title 32 (other than for training) as of the end of
any fiscal year in connection with organizing, administering,
recruiting, instructing, or training the reserve components
or the National Guard may not exceed the number for that
grade and armed force in the following table:
------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
E-9............................. 569 202 328 14
E-8............................. 2,585 429 840 74
------------------------------------------------------------------------
``(b) Whenever the number of members serving in pay grade
E-9 for duty described in subsection (a) is less than the
number authorized for that grade under subsection (a), the
difference between the two numbers may be applied to increase
the number authorized under such subsection for pay grade E-
8.''.
(2)(A) Section 524 is transferred to chapter 1201, as added
by paragraph (1), inserted after section 12010, and
redesignated as section 12011.
(B) The heading of that section is amended to read as
follows:
``Sec. 12011. Authorized strengths: reserve officers on
active duty or on full-time National Guard duty for
administration of the reserves or the National Guard''.
(3) Chapter 531 and sections 3212, 3217 through 3225, 5454,
5456, 5457, 5458, 8212, and 8217 through 8225 are repealed.
(4) Section 517 is amended--
(A) by striking out subsection (b); and
(B) by redesignating subsection (c) as subsection (b) and
in that subsection striking out ``or whenever'' and all that
follows through ``under subsection (b),''.
(b) Enlistments.--(1) Part II of subtitle E, as added by
subsection (a), is amended by adding after chapter 1201 (as
added by subsection (a)), the following:
``CHAPTER 1203--ENLISTED MEMBERS
``Sec.
``12101. Definition.
``12102. Reserve components: qualifications.
``12103. Reserve components: terms.
``12104. Reserve components: transfers.
``12105. Army Reserve and Air Force Reserve: transfer from Guard
components.
``12106. Army and Air Force Reserve: transfer to upon withdrawal as
member of National Guard.
``12107. Army National Guard of United States; Air National Guard of
the United States: enlistment in.
``Sec. 12101. Definition
``In this chapter, the term `enlistment' means original
enlistment or reenlistment.
``Sec. 12105. Army Reserve and Air Force Reserve: transfer
from Guard components
``(a) Under such regulations as the Secretary concerned may
prescribe--
``(1) an enlisted member of the Army National Guard of the
United States may be transferred in grade to the Army
Reserve; and
``(2) an enlisted member of the Air National Guard of the
United States may be transferred in grade to the Air Force
Reserve.
``(b) Upon such a transfer, the member transferred is
eligible for promotion to the highest regular or reserve
grade ever held by him in the Army, if transferred under
subsection (a)(1), or the Air Force, if transferred under
subsection (a)(2), if his service has been honorable.
``(c) A transfer under this section may only be made with
the consent of the governor or other appropriate authority of
the State concerned.
``Sec. 12106. Army and Air Force Reserve: transfer to upon
withdrawal as member of National Guard
``(a) An enlisted member of the Army National Guard of the
United States who ceases to be a member of the Army National
Guard becomes a member of the Army Reserve unless he is also
discharged from his enlistment as a Reserve.
``(b) An enlisted member of the Air National Guard of the
United States who ceases to be a member of the Air National
Guard becomes a member of the Air Force Reserve unless he is
also discharged from his enlistment as a Reserve.
``(c) An enlisted member who becomes a member of the Army
Reserve or the Air Force Reserve under this section ceases to
be a member of the Army National Guard of the United States
or the Air National Guard of the United States, as the case
may be.
``Sec. 12107. Army National Guard of United States; Air
National Guard of the United States: enlistment in
``(a) Except as provided in subsection (c), to become an
enlisted member of the Army National Guard of the United
States or the Air National Guard of the United States, a
person must--
``(1) be enlisted in the Army National Guard or the Air
National Guard, as the case may be;
``(2) subscribe to the oath set forth in section 304 of
title 32; and
``(3) be a member of a federally recognized unit or
organization of the Army National Guard or the Air National
Guard, as the case may be, in the grade in which he is to be
enlisted as a Reserve.
``(b)(1) Under regulations to be prescribed by the
Secretary of the Army, a person who enlists in the Army
National Guard, or whose term of enlistment in the Army
National Guard is extended, shall be concurrently enlisted,
or his term of enlistment shall be concurrently extended, as
the case may be, as a Reserve of the Army for service in the
Army National Guard of the United States.
``(2) Under regulations to be prescribed by the Secretary
of the Air Force, a person who enlists in the Air National
Guard, or whose term of enlistment in the Air National Guard
is extended, shall be concurrently enlisted, or his term of
enlistment shall be concurrently extended, as the case may
be, as a Reserve of the Air Force for service in the Air
National Guard of the United States.
``(c)(1) A member of the Army Reserve who enlists in the
Army National Guard in his reserve grade, and is a member of
a federally
[[Page 1060]]
recognized unit or organization of the Army National Guard,
becomes a member of the Army National Guard of the United
States and ceases to be a member of the Army Reserve.
``(2) A member of the Air Force Reserve who enlists in the
Air National Guard in his reserve grade, and is a member of a
federally recognized unit or organization of the Air National
Guard, becomes a member of the Air National Guard of the
United States and ceases to be a member of the Air Force
Reserve.''.
(2) Sections 510 (as amended by section 1331(a)), 511, and
512 are transferred to chapter 1203, as added by paragraph
(1), inserted after section 12101, and redesignated as
follows:
Redesignated
Section section
510...........................................................12102
511...........................................................12103
512...........................................................12104
(3) The following sections are repealed: sections 3259,
3260, 3261, 8259, 8260, and 8261.
(c) Appointment of Officers.--(1) Part II of subtitle E, as
added by subsection (a), is further amended by adding after
chapter 1203 (as added by subsection (b)) the following:
``CHAPTER 1205--APPOINTMENT OF RESERVE OFFICERS
``Sec.
``12201. Qualifications for appointment.
``12202. Commissioned officer grades.
``12203. Commissioned officers: appointment, how made; term.
``12204. Commissioned officers: original appointment; limitation.
``12205. Commissioned officers: appointment; educational requirement.
``12206. Commissioned officers: appointment of former commissioned
officers.
``12207. Commissioned officers: service credit upon original
appointment.
``12208. Officers: appointment upon transfer.
``12209. Officer candidates: enlisted Reserves.
``12210. Attending Physician to the Congress: reserve grade while so
serving.
``12211. Officers: Army National Guard of United States.
``12212. Officers: Air National Guard of United States.
``12213. Officers; Army Reserve: transfer from Army National Guard of
United States.
``12214. Officers; Air Force Reserve: transfer from Air National Guard
of United States.
``12215. Commissioned officers: reserve grade of adjutants general and
assistant adjutants general.
``Sec. 12215. Commissioned officers: reserve grade of
adjutants general and assistant adjutants general
``(a) The adjutant general or an assistant adjutant general
of the Army National Guard of a State may, upon being
extended Federal recognition, be appointed as a reserve
officer of the Army as of the date on which he is so
recognized.
``(b) The adjutant general or an assistant adjutant general
of the Air National Guard of a State may be appointed in the
reserve commissioned grade in which Federal recognition in
the Air National Guard is extended to him.''.
(2) Sections 591 (as amended by section 1331(b)), 592, 593
(as amended by section 1332), 594, 596, 596a (as added by
section 1333), 596b (as added by section 1334), and 595 are
transferred (in that order) to chapter 1205, as added by
paragraph (1), inserted after the table of sections, and
redesignated as follows:
Redesignated
Section section
591.........................................................12201
592.........................................................12202
593.........................................................12203
594.........................................................12204
596.........................................................12205
596a (as added by section 1333).............................12206
596b (as added by section 1334).............................12207
595.........................................................12208
(3) Sections 600, 600a, 3351, 8351, 3352 (as amended by
section 1336(a)), and 8352 are transferred (in that order) to
chapter 1205, as added by paragraph (1), inserted after
section 12208, and redesignated as follows:
Redesignated
Section section
600.........................................................12209
600a........................................................12210
3351........................................................12211
8351........................................................12212
3352........................................................12213
8352........................................................12214
(d) Warrant Officers.--(1) Part II of subtitle E, as added
by subsection (a), is further amended by adding after chapter
1205 (as added by subsection (c)) the following:
``CHAPTER 1207--WARRANT OFFICERS
``Sec.
``12241. Warrant officers: grades; appointment, how made; term.
``12242. Warrant officers: promotion.
``12243. Warrant officers: suspension of laws for promotions or
mandatory retirement or separation during war or
emergency.''.
(2) Sections 597, 598, and 599 are transferred to chapter
1207, as added by paragraph (1), inserted after the table of
sections, and redesignated as follows:
Redesignated
Section section
597.........................................................12241
598.........................................................12242
599.........................................................12243
(3) Chapter 34 is amended to read as follows:
``CHAPTER 34--APPOINTMENTS AS RESERVE OFFICERS
``Sec.
``591. Reference to chapters 1205 and 1207.
``Sec. 591. Reference to chapters 1205 and 1207
``Provisions of law relating to appointments of reserve
officers other than warrant officers are set forth in chapter
1205 of this title (beginning with section 12201). Provisions
of law relating to appointments and promotion of reserve
warrant officers are set forth in chapter 1207 (beginning
with section 12241).''.
(e) Active Duty.--(1) Part II of subtitle E, as added by
subsection (a), is further amended by adding after chapter
1207 (as added by subsection (d)) the following:
``CHAPTER 1209--ACTIVE DUTY
``Sec.
``12301. Reserve components generally.
``12302. Ready Reserve.
``12303. Ready Reserve: members not assigned to, or participating
satisfactorily in, units.
``12304. Selected Reserve: order to active duty other than during war
or national emergency.
``12305. Authority of President to suspend certain laws relating to
promotion, retirement, and separation.
``12306. Standby Reserve.
``12307. Retired Reserve.
``12308. Retention on active duty after becoming qualified for retired
pay.
``12309. Reserve officers: use of in expansion of armed forces.
``12310. Reserves: for organizing, administering, etc., reserve
components.
``12311. Active duty agreements.
``12312. Active duty agreements: release from duty.
``12313. Reserves: release from active duty.
``12314. Reserves: kinds of duty.
``12315. Reserves: duty with or without pay.
``12316. Payment of certain Reserves while on duty.
``12317. Reserves: theological students; limitations.
``12318. Reserves on active duty: duties; funding.
``12319. Ready Reserve: muster duty.
``12320. Reserve officers: grade in which ordered to active duty.
``12321. Reserve Officer Training Corps units: limitation on number of
Reserves assigned.''.
(2) Sections 672 through 687, section 689 (as amended by
section 1324), and section 690 are transferred to chapter
1209, as added by paragraph (1), inserted after the table of
sections, and redesignated as follows:
Redesignated
Section section
672.........................................................12301
673.........................................................12302
673a........................................................12303
673b........................................................12304
673c........................................................12305
674.........................................................12306
675.........................................................12307
676.........................................................12308
677.........................................................12309
678.........................................................12310
679.........................................................12311
680.........................................................12312
681.........................................................12313
682.........................................................12314
683.........................................................12315
684.........................................................12316
685.........................................................12317
686.........................................................12318
687.........................................................12319
689.........................................................12320
690.........................................................12321
(3) The heading of section 12321 (as so redesignated) is
amended to read as follows:
``Sec. 12321. Reserve Officer Training Corps units:
limitation on number of Reserves assigned''.
(4) Chapter 39 is amended by inserting after section 671b
the following:
``Sec. 672. Reference to chapter 1209
``Provisions of law relating to service of members of
reserve components on active duty are set forth in chapter
1209 of this title (beginning with section 12301).''.
(f) National Guard Members in Federal Service.--(1) Part II
of subtitle E, as added by subsection (a), is further amended
by adding after chapter 1209 (as added by subsection (e)) the
following:
``CHAPTER 1211--NATIONAL GUARD MEMBERS IN FEDERAL SERVICE
``Sec.
``12401. Army and Air National Guard of United States: status.
``12402. Army and Air National Guard of United States: commissioned
officers; duty in National Guard Bureau.
``12403. Army and Air National Guard of United States: members; status
in which ordered into Federal service.
``12404. Army and Air National Guard of United States: mobilization;
maintenance of organization.
``12405. National Guard in Federal service: status.
``12406. National Guard in Federal service: call.
``12407. National Guard in Federal service: period of service;
apportionment.
[[Page 1061]]
``12408. National Guard in Federal service: physical examination.
``Sec. 12401. Army and Air National Guard of the United
States: status
``Members of the Army National Guard of the United States
and the Air National Guard of the United States are not in
active Federal service except when ordered thereto under law.
``Sec. 12402. Army and Air National Guard of United States:
commissioned officers; duty in National Guard Bureau
``(a) The President may, with their consent, order
commissioned officers of the Army National Guard of the
United States and the Air National Guard of the United States
to active duty in the National Guard Bureau.
``(b)(1) The number of officers of the Army National Guard
of the United States in grades below brigadier general who
are ordered to active duty in the National Guard Bureau may
not be more than 40 percent of the number of officers of the
Army authorized for duty in that Bureau and, to the extent
practicable, shall not exceed 40 percent of the number of
officers of the Army serving in that Bureau in any grade
below brigadier general.
``(2) The number of officers of the Air National Guard of
the United States in grades below brigadier general who are
ordered to active duty in the National Guard Bureau may not
be more than 40 percent of the number of officers of the Air
Force authorized for duty in that Bureau and, to the extent
practicable, shall not exceed 40 percent of the number of
officers of the Air Force serving in that Bureau in any grade
below brigadier general.
``Sec. 12403. Army and Air National Guard of United States:
members; status in which ordered into Federal service
``Members of the Army National Guard of the United States
ordered to active duty shall be ordered to duty as Reserves
of the Army. Members of the Air National Guard of the United
States ordered to active duty shall be ordered to duty as
Reserves of the Air Force.
``Sec. 12404. Army and Air National Guard of United States:
mobilization; maintenance of organization
``During an initial mobilization, the organization of a
unit of the Army National Guard of the United States or of
the Air National Guard of the United States ordered into
active Federal service shall, so far as practicable, be
maintained as it existed on the date of the order to duty.
``Sec. 12405. National Guard in Federal service: status
``Members of the National Guard called into Federal service
are, from the time when they are required to respond to the
call, subject to the laws and regulations governing the Army
or the Air Force, as the case may be, except those applicable
only to members of the Regular Army or Regular Air Force, as
the case may be.
``Sec. 12406. National Guard in Federal service: call
``Whenever--
``(1) the United States, or any of the Territories,
Commonwealths, or possessions, is invaded or is in danger of
invasion by a foreign nation;
``(2) there is a rebellion or danger of a rebellion against
the authority of the Government of the United States; or
``(3) the President is unable with the regular forces to
execute the laws of the United States;
the President may call into Federal service members and units
of the National Guard of any State in such numbers as he
considers necessary to repel the invasion, suppress the
rebellion, or execute those laws. Orders for these purposes
shall be issued through the governors of the States or, in
the case of the District of Columbia, through the commanding
general of the National Guard of the District of Columbia.
``Sec. 12407. National Guard in Federal service: period of
service; apportionment
``(a) Whenever the President calls the National Guard of a
State into Federal service, he may specify in the call the
period of the service. Members and units called shall serve
inside or outside the territory of the United States during
the term specified, unless sooner relieved by the President.
However, no member of the National Guard may be kept in
Federal service beyond the term of his commission or
enlistment.
``(b) When the National Guard of a State is called into
Federal service with the National Guard of another of those
jurisdictions, the President may apportion the total number
called from the Army National Guard or from the Air National
Guard, as the case may be, on the basis of the populations of
the jurisdictions affected by the call.
``Sec. 12408. National Guard in Federal service: physical
examination
``(a) Under regulations prescribed by the President, each
member of the National Guard called into Federal service
shall be examined as to physical fitness, without further
commission or enlistment.
``(b) Immediately before such a member is mustered out of
Federal service, he shall be examined as to physical fitness.
The record of this examination shall be retained by the
United States.''.
(2) Sections 3495 through 3502 and 8495 through 8502 are
repealed.
(g) Miscellaneous Provisions.--(1) Part II of subtitle E,
as added by subsection (a), is further amended by adding
after chapter 1211 (as added by subsection (f)) the
following:
``CHAPTER 1213--SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES
``Sec.
``12501. Reserve components: detail of members of regular and reserve
components to assist.
``12502. Chief and assistant chief of staff of National Guard divisions
and wings in Federal service: detail.
``Sec. 12501. Reserve components: detail of members of
regular and reserve components to assist
``The Secretary concerned shall detail such members of the
regular and reserve components under his jurisdiction as are
necessary to effectively develop, train, instruct, and
administer those reserve components.
``Sec. 12502. Chief and assistant chief of staff of National
Guard divisions and wings in Federal service: detail
``(a) The President may detail a regular or reserve officer
of the Army as chief of staff, and a regular or reserve
officer or an officer of the Army National Guard as assistant
to the chief of staff, of any division of the Army National
Guard that is in Federal service as an Army National Guard
organization.
``(b) The President may detail a regular or reserve officer
of the Air Force as chief of staff, and a regular or reserve
officer or an officer of the Air National Guard as assistant
to the chief of staff, of any wing of the Air National Guard
that is in Federal service as an Air National Guard
organization.
``CHAPTER 1215--MISCELLANEOUS PROHIBITIONS AND PENALTIES
``[No present sections]
``CHAPTER 1217--MISCELLANEOUS RIGHTS AND BENEFITS
``Sec.
``12601. Compensation: Reserve on active duty accepting from any
person.
``12602. Members of Army National Guard of United States and Air
National Guard of United States: credit for service as
members of National Guard.
``Sec. 12601. Compensation: Reserve on active duty accepting
from any person
``Any Reserve who, before being ordered to active duty, was
receiving compensation from any person may, while he is on
that duty, receive compensation from that person.
``Sec. 12602. Members of Army National Guard of United States
and Air National Guard of United States: credit for service
as members of National Guard
``(a) For the purposes of laws providing benefits for
members of the Army National Guard of the United States and
their dependents and beneficiaries--
``(1) military training, duty, or other service performed
by a member of the Army National Guard of the United States
in his status as a member of the Army National Guard for
which he is entitled to pay from the United States shall be
considered military training, duty, or other service, as the
case may be, in Federal service as a Reserve of the Army;
``(2) full-time National Guard duty performed by a member
of the Army National Guard of the United States shall be
considered active duty in Federal service as a Reserve of the
Army; and
``(3) inactive-duty training performed by a member of the
Army National Guard of the United States in his status as a
member of the Army National Guard, in accordance with
regulations prescribed under section 502 of title 32 or other
express provision of law, shall be considered inactive-duty
training in Federal service as a Reserve of the Army.
``(b) For the purposes of laws providing benefits for
members of the Air National Guard of the United States and
their dependents and beneficiaries--
``(1) military training, duty, or other service performed
by a member of the Air National Guard of the United States in
his status as a member of the Air National Guard for which he
is entitled to pay from the United States shall be considered
military training, duty, or other service, as the case may
be, in Federal service as a Reserve of the Air Force;
``(2) full-time National Guard duty performed by a member
of the Air National Guard of the United States shall be
considered active duty in Federal service as a Reserve of the
Air Force; and
``(3) inactive-duty training performed by a member of the
Air National Guard of the United States in his status as a
member of the Air National Guard, in accordance with
regulations prescribed under section 502 of title 32 or other
express provision of law, shall be considered inactive-duty
training in Federal service as a Reserve of the Air Force.''.
(2) Sections 715, 1033, 3542, 3686, 8542, and 8686 are
repealed.
(h) Standards and Procedures for Retention and Promotion.--
(1) Part II of subtitle E, as added by subsection (a), is
further amended by adding after chapter 1217 (as added by
subsection (g)) the following:
``CHAPTER 1219--STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION
``Sec.
``12641. Standards and procedures: Secretary to prescribe.
``12642. Standards and qualifications: result of failure to comply
with.
[[Page 1062]]
``12643. Boards for appointment, promotion, and certain other purposes:
composition.
``12644. Members physically not qualified for active duty: discharge or
transfer to retired status.
``12645. Commissioned officers: retention until completion of required
service.
``12646. Commissioned officers: retention of after completing 18 or
more, but less than 20, years of service.
``12647. Commissioned officers: retention in active status while
assigned to Selective Service System or serving as United
States property and fiscal officers.''.
(2) Sections 1001, 1002, 266, 1004 (as amended by section
1361(b)(4)), and 1005 through 1007 are transferred (in that
order) to chapter 1219, as added by paragraph (1), inserted
after the table of sections, and redesignated as follows:
Redesignated
Section section
1001........................................................12641
1002........................................................12642
266.........................................................12643
1004........................................................12644
1005........................................................12645
1006........................................................12646
1007........................................................12647
(3) Section 1003 is repealed.
(4)(A) The heading of section 12641 (as so redesignated) is
amended to read as follows:
``Sec. 12641. Standards and procedures: Secretary to
prescribe''.
(B) The heading of section 12644 (as so redesignated) is
amended to read as follows:
``Sec. 12644. Members physically not qualified for active
duty: discharge or transfer to retired status''.
(5) Chapter 51 is amended by striking out the table of
sections at the beginning and inserting in lieu thereof the
following:
``Sec.
``1001. Reference to chapter 1219.
``Sec. 1001. Reference to chapter 1219
``Provisions of law relating to standards and procedures
for retention and promotion of members of reserve components
are set forth in chapter 1219 of this title (beginning with
section 12641).''.
(i) Separation.--(1) Part II of subtitle E, as added by
subsection (a), is further amended by adding after chapter
1219 (as added by subsection (h)) the following:
``CHAPTER 1221--SEPARATION
``Sec.
``12681. Reserves: discharge authority.
``12682. Reserves: discharge upon becoming ordained minister of
religion.
``12683. Reserve officers: limitation on involuntary separation.
``12684. Reserves: separation for absence without authority or sentence
to imprisonment.
``12685. Reserves separated for cause: character of discharge.
``12686. Reserves on active duty within two years of retirement
eligibility: limitation on release from active duty.
``Sec. 12681. Reserves: discharge authority
``Subject to other provisions of this title, reserve
commissioned officers may be discharged at the pleasure of
the President. Other Reserves may be discharged under
regulations prescribed by the Secretary concerned.
``Sec. 12682. Reserves: discharge upon becoming ordained
minister of religion
``Under regulations to be prescribed by the Secretary of
Defense, a Reserve who becomes a regular or ordained minister
of religion is entitled upon his request to a discharge from
his reserve enlistment or appointment.
``Sec. 12683. Reserve officers: limitation on involuntary
separation
``(a) An officer of a reserve component who has at least
five years of service as a commissioned officer may not be
separated from that component without his consent except--
``(1) under an approved recommendation of a board of
officers convened by an authority designated by the Secretary
concerned; or
``(2) by the approved sentence of a court- martial.
``(b) Subsection (a) does not apply--
``(1) to a separation under section 12684, 14901, or 14907
of this title;
``(2) to a dismissal under section 1161(a) of this title;
or
``(3) to a transfer under section 12213, 12214, 14514, or
14515 of this title.
``Sec. 12684. Reserves: separation for absence without
authority or sentence to imprisonment
``The President or the Secretary concerned may drop from
the rolls of the armed force concerned any Reserve--
``(1) who has been absent without authority for at least
three months; or
``(2) who is sentenced to confinement in a Federal or State
penitentiary or correctional institution after having been
found guilty of an offense by a court other than a court-
martial or other military court, and whose sentence has
become final.
``Sec. 12685. Reserves separated for cause: character of
discharge
``A member of a reserve component who is separated for
cause, except under section 12684 of this title, is entitled
to a discharge under honorable conditions unless--
``(1) the member is discharged under conditions other than
honorable under an approved sentence of a court-martial or
under the approved findings of a board of officers convened
by an authority designated by the Secretary concerned; or
``(2) the member consents to a discharge under conditions
other than honorable with a waiver of proceedings of a court-
martial or a board.
``Sec. 12686. Reserves on active duty within two years of
retirement eligibility: limitation on release from active
duty
``Under regulations to be prescribed by the Secretary
concerned, which shall be as uniform as practicable, a member
of a reserve component who is on active duty (other than for
training) and is within two years of becoming eligible for
retired pay or retainer pay under a purely military
retirement system, may not be involuntarily released from
that duty before he becomes eligible for that pay, unless the
release is approved by the Secretary.''.
(2) Sections 1162 and 1163 are repealed.
(j) Retired Pay.--(1) Chapter 67 is transferred to part II
of subtitle E, as added by subsection (a), inserted after
chapter 1221 (as added by subsection (i)), and amended to
read as follows:
``CHAPTER 1223--RETIRED PAY FOR NON-REGULAR SERVICE
``Sec.
``12731. Age and service requirements.
``12731a. Temporary special retirement qualification authority.
``12732. Entitlement to retired pay: computation of years of service.
``12733. Computation of retired pay: computation of years of service.
``12734. Time not creditable toward years of service.
``12735. Inactive status list.
``12736. Service credited for retired pay benefits not excluded for
other benefits.
``12737. Limitation on active duty.
``12738. Limitations on revocation of retired pay.
``12739. Computation of retired pay.
``Sec. 12731. Age and service requirements
``(a) Except as provided in subsection (c), a person is
entitled, upon application, to retired pay computed under
section 12739 of this title, if the person--
``(1) is at least 60 years of age;
``(2) has performed at least 20 years of service computed
under section 12732 of this title;
``(3) performed the last eight years of qualifying service
while a member of any category named in section 12732(a)(1)
of this title, but not while a member of a regular component,
the Fleet Reserve, or the Fleet Marine Corps Reserve; and
``(4) is not entitled, under any other provision of law, to
retired pay from an armed force or retainer pay as a member
of the Fleet Reserve or the Fleet Marine Corps Reserve.
``(b) Application for retired pay under this section must
be made to the Secretary of the military department, or the
Secretary of Transportation, as the case may be, having
jurisdiction at the time of application over the armed force
in which the applicant is serving or last served.
``(c)(1) A person who, before August 16, 1945, was a
Reserve of an armed force, or a member of the Army without
component or other category covered by section 12732(a)(1) of
this title except a regular component, is not eligible for
retired pay under this chapter unless--
``(A) the person performed active duty during World War I
or World War II; or
``(B) the person performed active duty (other than for
training) during the Korean conflict, the Berlin crisis, or
the Vietnam era.
``(2) In this subsection:
``(A) The term `World War I' means the period beginning on
April 6, 1917, and ending on November 11, 1918.
``(B) The term `World War II' means the period beginning on
September 9, 1940, and ending on December 31, 1946.
``(C) The term `Korean conflict' means the period beginning
on June 27, 1950, and ending on July 27, 1953.
``(D) The term `Berlin crisis' means the period beginning
on August 14, 1961, and ending on May 30, 1963.
``(E) The term `Vietnam era' means the period beginning on
August 5, 1964, and ending on March 27, 1973.
``(d) The Secretary concerned shall notify each person who
has completed the years of service required for eligibility
for retired pay under this chapter. The notice shall be sent,
in writing, to the person concerned within one year after the
person completes that service. The notice shall include
notice of the elections available to such person under the
Survivor Benefit Plan established under subchapter II of
chapter 73 of this title and the Supplemental Survivor
Benefit Plan established under subchapter III of that
chapter, and the effects of such elections.
``(e) Notwithstanding section 8301 of title 5, the date of
entitlement to retired pay under this section shall be the
date on which the requirements of subsection (a) have been
completed.
``Sec. 12731a. Temporary special retirement qualification
authority
``(a) Retirement With At Least 15 Years of Service.--For
the purposes of section 12731 of this title, the Secretary
concerned may--
``(1) during the period described in subsection (b),
determine to treat a member of the Selected Reserve of a
reserve component of the armed force under the jurisdiction
of
[[Page 1063]]
that Secretary as having met the service requirements of
subsection (a)(2) of that section and provide the member with
the notification required by subsection (d) of that section
if the member--
``(A) as of October 1, 1991, has completed at least 15, and
less than 20, years of service computed under section 12732
of this title; or
``(B) after that date and before October 1, 1999, completes
15 years of service computed under that section; and
``(2) upon the request of the member submitted to the
Secretary, transfer the member to the Retired Reserve.
``(b) Period of Authority.--The period referred to in
subsection (a)(1) is the period beginning on October 23,
1992, and ending on October 1, 1999.
``(c) Applicability Subject to Needs of the Service.--(1)
The Secretary concerned may limit the applicability of
subsection (a) to any category of personnel defined by the
Secretary in order to meet a need of the armed force under
the jurisdiction of the Secretary to reduce the number of
members in certain grades, the number of members who have
completed a certain number of years of service, or the number
of members who possess certain military skills or are serving
in designated competitive categories.
``(2) A limitation under paragraph (1) shall be consistent
with the purpose set forth in section 4414(a) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 106 Stat. 2713).
``(d) Exclusion.--This section does not apply to persons
referred to in section 12731(c) of this title.
``(e) Regulations.--The authority provided in this section
shall be subject to regulations prescribed by the Secretary
of Defense and by the Secretary of Transportation with
respect to the Coast Guard.
``Sec. 12732. Entitlement to retired pay: computation of
years of service
``(a) Except as provided in subsection (b), for the purpose
of determining whether a person is entitled to retired pay
under section 12731 of this title, the person's years of
service are computed by adding the following:
``(1) The person's years of service, before July 1, 1949,
in the following:
``(A) The armed forces.
``(B) The federally recognized National Guard before June
15, 1933.
``(C) A federally recognized status in the National Guard
before June 15, 1933.
``(D) The National Guard after June 14, 1933, if his
service therein was continuous from the date of his
enlistment in the National Guard, or his Federal recognition
as an officer therein, to the date of his enlistment or
appointment, as the case may be, in the National Guard of the
United States, the Army National Guard of the United States,
or the Air National Guard of the United States.
``(E) The Naval Reserve Force.
``(F) The Naval Militia that conformed to the standards
prescribed by the Secretary of the Navy.
``(G) The National Naval Volunteers.
``(H) The Army Nurse Corps, the Navy Nurse Corps, the Nurse
Corps Reserve of the Army, or the Nurse Corps Reserve of the
Navy, as it existed at any time after February 2, 1901.
``(I) The Army under an appointment under the Act of
December 22, 1942 (ch. 805, 56 Stat. 1072).
``(J) An Active full-time status, except as a student or
apprentice, with the Medical Department of the Army as a
civilian employee--
``(i) in the dietetic or physical therapy categories, if
the service was performed after April 6, 1917, and before
April 1, 1943; or
``(ii) in the occupational therapy category, if the service
was performed before appointment in the Army Nurse Corps or
the Women's Medical Specialist Corps and before January 1,
1949, or before appointment in the Air Force before January
1, 1949, with a view to designation as an Air Force nurse or
medical specialist.
``(2) Each one-year period, after July 1, 1949, in which
the person has been credited with at least 50 points on the
following basis:
``(A) One point for each day of--
``(i) active service; or
``(ii) full-time service under sections 316, 502, 503, 504,
and 505 of title 32 while performing annual training duty or
while attending a prescribed course of instruction at a
school designated as a service school by law or by the
Secretary concerned;
if that service conformed to required standards and
qualifications.
``(B) One point for each attendance at a drill or period of
equivalent instruction that was prescribed for that year by
the Secretary concerned and conformed to the requirements
prescribed by law, including attendance under section 502 of
title 32.
``(C) Points at the rate of 15 a year for membership--
``(i) in a reserve component of an armed force,
``(ii) in the Army or the Air Force without component, or
``(iii) in any other category covered by subsection (a)(1)
except a regular component.
For the purpose of clauses (A), (B), and (C), service in the
National Guard shall be treated as if it were service in a
reserve component, if the person concerned was later
appointed in the National Guard of the United States, the
Army National Guard of the United States, the Air National
Guard of the United States, or as a Reserve of the Army or
the Air Force, and served continuously in the National Guard
from the date of his Federal recognition to the date of that
appointment.
``(3) The person's years of active service in the
Commissioned Corps of the Public Health Service.
``(4) The person's years of active commissioned service in
the National Oceanic and Atmospheric Administration
(including active commissioned service in the Environmental
Science Services Administration and in the Coast and Geodetic
Survey).
``(b) The following service may not be counted under
subsection (a):
``(1) Service (other than active service) in an inactive
section of the Organized Reserve Corps or of the Army
Reserve, or in an inactive section of the officers' section
of the Air Force Reserve.
``(2) Service (other than active service) after June 30,
1949, while on the Honorary Retired List of the Naval Reserve
or of the Marine Corps Reserve.
``(3) Service in the inactive National Guard.
``(4) Service in a non-federally recognized status in the
National Guard.
``(5) Service in the Fleet Reserve or the Fleet Marine
Corps Reserve.
``(6) Service as an inactive Reserve nurse of the Army
Nurse Corps established by the Act of February 2, 1901 (ch.
192, 31 Stat. 753), as amended, and service before July 1,
1938, as an inactive Reserve nurse of the Navy Nurse Corps
established by the Act of May 13, 1908 (ch. 166, 35 Stat.
146).
``(7) Service in any status other than that as commissioned
officer, warrant officer, nurse, flight officer, aviation
midshipman, appointed aviation cadet, or enlisted member, and
that described in clauses (I) and (J) of subsection (a)(1).
``Sec. 12733. Computation of retired pay: computation of
years of service
``For the purpose of computing the retired pay of a person
under this chapter, the person's years of service and any
fraction of such a year are computed by dividing 360 into the
sum of the following:
``(1) The person's days of active service.
``(2) The person's days of full-time service under sections
316, 502, 503, 504, and 505 of title 32 while performing
annual training duty or while attending a prescribed course
of instruction at a school designated as a service school by
law or by the Secretary concerned.
``(3) One day for each point credited to the person under
clause (B) or (C) of section 12732(a)(2) of this title, but
not more than 60 days in any one year.
``(4) 50 days for each year before July 1, 1949, and
proportionately for each fraction of a year, of service
(other than active service) in a reserve component of an
armed force, in the Army or the Air Force without component,
or in any other category covered by section 12732(a)(1) of
this title, except a regular component.
``Sec. 12734. Time not creditable toward years of service
``(a) Service in an inactive status may not be counted in
any computation of years of service under this chapter.
``(b) Time spent after retirement (without pay) for failure
to conform to standards and qualifications prescribed under
section 12641 of this title may not be credited in a
computation of years of service under this chapter.
``Sec. 12735. Inactive status list
``(a) A member who would be eligible for retired pay under
this chapter but for the fact that that member is under 60
years of age may be transferred, at his request and by
direction of the Secretary concerned, to such inactive status
list as may be established for members of his armed force,
other than members of a regular component.
``(b) While on an inactive status list under subsection
(a), a member is not required to participate in any training
or other program prescribed for his component.
``(c) The Secretary may at any time recall to active status
a member who is on an inactive status list under subsection
(a).
``Sec. 12736. Service credited for retired pay benefits not
excluded for other benefits
``No period of service included wholly or partly in
determining a person's right to, or the amount of, retired
pay under this chapter may be excluded in determining his
eligibility for any annuity, pension, or old-age benefit,
under any other law, on account of civilian employment by the
United States or otherwise, or in determining the amount
payable under that law, if that service is otherwise properly
credited under it.
``Sec. 12737. Limitation on active duty
``A member of the armed forces may not be ordered to active
duty solely for the purpose of qualifying the member for
retired pay under this chapter.
``Sec. 12738. Limitations on revocation of retired pay
``(a) After a person is granted retired pay under this
chapter, or is notified in accordance with section 12731(d)
of this title that the person has completed the years of
service required for eligibility for retired pay under this
chapter, the person's eligibility for retired pay may not be
denied or revoked on the basis of any error, miscalculation,
misinformation, or administrative determination of years of
service performed as required by section 12731(a)(2) of this
title, unless it resulted directly from the fraud or
misrepresentation of the person.
[[Page 1064]]
``(b) The number of years of creditable service upon which
retired pay is computed may be adjusted to correct any error,
miscalculation, misinformation, or administrative
determination and when such a correction is made the person
is entitled to retired pay in accordance with the number of
years of creditable service, as corrected, from the date the
person is granted retired pay.
``Sec. 12739. Computation of retired pay
``(a) The monthly retired pay of a person entitled to that
pay under this chapter is the product of--
``(1) the retired pay base for that person as computed
under section 1406(b)(2) or 1407 of this title; and
``(2) 2\1/2\ percent of the years of service credited to
that person under section 12733 of this title.
``(b) The amount computed under subsection (a) may not
exceed 75 percent of the retired pay base upon which the
computation is based.
``(c) Amounts computed under this section, if not a
multiple of $1, shall be rounded down to the next lower
multiple of $1.''.
(2) Section 1401(a) is amended by striking out formula
number 3 in the table set forth in that section.
(3) Section 1405(a)(3) is amended by striking out ``section
1333'' and ``section 1331'' and inserting in lieu thereof
``section 12733'' and ``section 12731'', respectively.
(4) Section 1406(b) is amended--
(A) by striking out the matter preceding the table and
inserting in lieu thereof the following:
``(b) Retirement Under Subtitle A or E.--
``(1) Disability, warrant officer, and dopma retirement.--
In the case of a person whose retired pay is computed under
this subtitle, the retired pay base is determined in
accordance with the following table.'';
(B) in the table--
(i) by striking out the entry relating to section 1331
(including the matter relating to that entry in the column
under the heading ``The retired pay base is:''); and
(ii) by redesignating the references to footnotes 3 and 4
so as to refer to footnotes 2 and 3, respectively;
(C) by striking out footnote 2 to the table and
redesignating footnotes 3 and 4 as footnotes 2 and 3,
respectively; and
(D) by adding at the end the following:
``(2) Non-regular service retirement.--In the case of a
person who is entitled to retired pay under section 12731 of
this title, the retired pay base is the monthly basic pay,
determined at the rates applicable on the date when retired
pay is granted, of the highest grade held satisfactorily by
the person at any time in the armed forces. For purposes of
the preceding sentence, the highest grade in which a person
served satisfactorily as an officer shall be determined in
accordance with section 1370(d) of this title.''.
(5) Section 1407 is amended--
(A) in subsection (c)(2)(B), by striking out ``chapter 67''
and inserting in lieu thereof ``chapter 1223''; and
(B) in subsection (f)(2)--
(i) by striking out ``Chapter 67'' in the heading and
inserting in lieu thereof ``Chapter 1223''; and
(ii) by striking out ``section 1331'' and inserting in lieu
thereof ``section 12731''.
(6) Section 1409(a)(1)(B) is amended by striking out
``chapter 67'' and inserting in lieu thereof ``chapter
1223''.
(7) Part II of subtitle A is amended by inserting after
chapter 65 the following:
``CHAPTER 67--RETIRED PAY FOR NONREGULAR SERVICE
``Sec.
``1331. Reference to chapter 1223.
``Sec. 1331. Reference to chapter 1223
``Provisions of law relating to retired pay for nonregular
service are set forth in chapter 1223 of this title
(beginning with section 12731).''.
(8) Section 6034 is repealed.
(k) Retired Grade.--(1) Part II of subtitle E, as added by
subsection (a), is further amended by adding after chapter
1223 (as added by subsection (j)) the following:
``CHAPTER 1225--RETIRED GRADE
``Sec.
``12771. Reserve officers: grade on transfer to Retired Reserve.
``12772. Reserve commissioned officers who have served as Attending
Physician to the Congress: grade on transfer to Retired
Reserve.
``12773. Limitation on accrual of increased pay or benefits.
``12774. Retired lists.
``Sec. 12771. Reserve officers: grade on transfer to Retired
Reserve
``Unless entitled to a higher grade under another provision
of law, a reserve commissioned officer, other than a
commissioned warrant officer, who is transferred to the
Retired Reserve is entitled to be placed on the retired list
established by section 12774(a) of this title in the highest
grade in which he served satisfactorily, as determined by the
Secretary concerned and in accordance with section 1370(d),
in the armed force in which he is serving on the date of
transfer.
``Sec. 12772. Reserve commissioned officers who have served
as Attending Physician to the Congress: grade on transfer
to Retired Reserve
``Unless entitled to a higher grade under another provision
of law, a reserve commissioned officer who is transferred to
the Retired Reserve after having served in the position of
Attending Physician to the Congress is entitled to be placed
on the retired list established by section 12774(a) of this
title in the grade held by the officer while serving in that
position.
``Sec. 12773. Limitation on accrual of increased pay or
benefits
``Unless otherwise provided by law, no person is entitled
to increased pay or other benefits because of sections 12771
and 12772 of this title.
``Sec. 12774. Retired lists
``(a) Under regulations prescribed by the Secretary
concerned, there shall be maintained retired lists containing
the names of the Reserves of the armed forces under the
Secretary's jurisdiction who are in the Retired Reserve.
``(b) The Secretary of the Navy shall maintain a United
States Naval Reserve Retired List containing the names of
members of the Naval Reserve and the Marine Corps Reserve
entitled to retired pay.''.
(2) Sections 1374 and 6017 are repealed.
(3)(A) Section 1376 is amended--
(i) by striking out subsection (a); and
(ii) by striking out ``(b)'' before ``The Secretary
concerned''.
(B) The heading of that section is amended to read as
follows:
``Sec. 1376. Temporary disability retired lists''.
SEC. 1363. LAWS RELATING TO RESERVE COMPONENT TRAINING AND
EDUCATIONAL ASSISTANCE PROGRAMS.
(a) Training Generally.--Subtitle E, as added by section
1311, is amended by adding after part III of such subtitle
(as added by that section) the following:
``PART IV--TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL ASSISTANCE
PROGRAMS
``Chap. Sec.
``1601. Training Generally..................................[No present
sections]
``1606. Educational Assistance for Members of the Selected Res16131....
``1608. Health Professions Stipend Program....................16201....
``1609. Education Loan Repayments.............................16301....
``CHAPTER 1601--TRAINING GENERALLY
``[No present sections]''.
(b) Montgomery GI Bill for Selected Reserve.--(1) Part IV
of subtitle E (as added by subsection (a)) is amended by
adding at the end the following:
``CHAPTER 1606--EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED
RESERVE
``Sec.
``16131. Educational assistance program: establishment; amount.
``16132. Eligibility for educational assistance.
``16133. Time limitations for use of entitlement.
``16134. Termination of assistance.
``16135. Failure to participate satisfactorily; penalties.
``16136. Administration of program.
``16137. Reports to Congress.''.
(2) Sections 2131 through 2137 are transferred to chapter
1606, as added by paragraph (1), inserted after the table of
sections, and redesignated as follows:
Redesignated
Section section
2131........................................................16131
2132........................................................16132
2133........................................................16133
2134........................................................16134
2135........................................................16135
2136........................................................16136
2137........................................................16137
(3) Section 16131 (as so redesignated) is amended--
(A) in subsection (c)(3)(B)(i), by striking out ``section
672 (a), (d), or (g), 673, or 673b'' and inserting in lieu
thereof ``section 12301(a), 12301(d), 12301(g), 12302, or
12304''; and
(B) in subsection (g)(1), by striking out ``section
2136(c)'' and inserting in lieu thereof ``section 16136(c)''.
(4) Section 16132 (as so redesignated) is amended--
(A) in subsection (a), by striking out ``section 2131'' and
inserting in lieu thereof ``section 16131''; and
(B) in subsection (c), by striking out ``sections 2134 and
2135'' and inserting in lieu thereof ``section 16134 and
16135''.
(5) Section 16133 (as so redesignated) is amended--
(A) in subsection (b)(1)(B), by striking out ``section
268(b)'' and inserting in lieu thereof ``section 10143(a)'';
and
(B) in subsection (b)(4)(A), by striking out ``section 672
(a), (d), or (g), 673, or 673b'' and inserting in lieu
thereof ``section 12301(a), 12301(d), 12301(g), 12302, or
12304''.
(6) Section 16135 (as so redesignated) is amended--
(A) by striking out ``section 2132'' in subsection
(a)(1)(A) and inserting in lieu thereof ``section 16132'';
and
(B) by striking out ``section 2132(a)'' in subsection
(b)(1)(A) and inserting in lieu thereof ``section 16132(a)''.
(7) Chapter 106 is amended by striking out the table of
sections at the beginning and inserting in lieu thereof the
following:
``Sec.
``2131. Reference to chapter 1606.
``2138. Savings provision.
``Sec. 2131. Reference to chapter 1606
``Provisions of law relating to educational assistance for
members of the Selected Re-
[[Page 1065]]
serve under the Montgomery GI Bill program are set forth in
chapter 1606 of this title (beginning with section 16131).''.
(c) Health Professions Stipend Program.--(1) Part IV of
subtitle E (as added by subsection (a)) is amended by adding
after chapter 1606 (as added by subsection (b)) the
following:
``CHAPTER 1608--HEALTH PROFESSIONS STIPEND PROGRAM
``Sec.
``16201. Financial assistance: health-care professionals in reserve
components.
``16202. Reserve service: required active duty for training.
``16203. Penalties and limitations.
``16204. Regulations.
``Sec. 16204. Regulations
``This chapter shall be administered under regulations
prescribed by the Secretary of Defense.''.
(2) Section 2128 is transferred to chapter 1608, as added
by paragraph (1), inserted after the table of sections,
redesignated as section 16201, and amended by striking out
subsection (f).
(3) Section 2129 is transferred to chapter 1608, as added
by paragraph (1), inserted after section 16201 (as
transferred and redesignated by paragraph (2)), and
redesignated as section 16202.
(4)(A) Section 2130 is transferred to chapter 1608, as
added by paragraph (1), inserted after section 16202 (as
transferred and redesignated by paragraph (3)), redesignated
as section 16203, and amended by striking out subsection (c).
(B) The heading of that section is amended to read as
follows:
``Sec. 16203. Penalties and limitations''.
(5) Section 16201, as so redesignated, is amended by
striking out ``subchapter'' each place it appears and
inserting in lieu thereof ``chapter''.
(6) Section 16202, as so redesignated, is amended by
striking out ``section 2128'' both places it appears and
inserting in lieu thereof ``section 16201''.
(7) Chapter 105 is amended--
(A) in the table of subchapters before subchapter I--
(i) by striking out the item relating to subchapter II; and
(ii) by redesignating the item relating to subchapter III
so as to refer to subchapter II;
(B) by striking out the heading for subchapter II and the
table of sections following that heading; and
(C) by redesignating subchapter III as subchapter II.
(d) Education Loan Repayment Programs.--(1) Part IV of
subtitle E (as added by subsection (a)) is amended by adding
after chapter 1608 (as added by subsection (c) the following:
``CHAPTER 1609--EDUCATION LOAN REPAYMENT PROGRAMS
``Sec.
``16301. Education loan repayment program: enlisted members of Selected
Reserve with critical specialties.
``16302. Education loan repayment program: health professions officers
serving in Selected Reserve with wartime critical medical
skill shortages.
``Sec. 16301. Education loan repayment program: enlisted
members of Selected Reserve with critical specialties
``(a)(1) Subject to the provisions of this section, the
Secretary of Defense may repay--
``(A) any loan made, insured, or guaranteed under part B of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1071
et seq.); or
``(B) any loan made under part E of such title (20 U.S.C.
1087aa et seq.).
Repayment of any such loan shall be made on the basis of each
complete year of service performed by the borrower.
``(2) The Secretary may repay loans described in paragraph
(1) in the case of any person for service performed as an
enlisted member of the Selected Reserve of the Ready Reserve
of an armed force in a reserve component and military
specialty specified by the Secretary of Defense. The
Secretary may repay such a loan only if the person to whom
the loan was made performed such service after the loan was
made.
``(b) The portion or amount of a loan that may be repaid
under subsection (a) is 15 percent or $500, whichever is
greater, for each year of service.
``(c) If a portion of a loan is repaid under this section
for any year, interest on the remainder of the loan shall
accrue and be paid in the same manner as is otherwise
required.
``(d) Nothing in this section shall be construed to
authorize refunding any repayment of a loan.
``(e) A person who transfers from service making the person
eligible for repayment of loans under this section (as
described in subsection (a)(2)) to service making the person
eligible for repayment of loans under section 2171 of this
title (as described in subsection (a)(2) of that section)
during a year shall be eligible to have repaid a portion of
such loan determined by giving appropriate fractional credit
for each portion of the year so served, in accordance with
regulations of the Secretary concerned.
``(f) The Secretary of Defense shall, by regulation,
prescribe a schedule for the allocation of funds made
available to carry out the provisions of this section and
section 2171 of this title during any year for which funds
are not sufficient to pay the sum of the amounts eligible for
repayment under subsection (a) and section 2171(a) of this
title.''.
(2)(A) Section 2172 is transferred to the end of chapter
1609, as added by paragraph (1), and redesignated as section
16302.
(B) The heading of such section is amended to read as
follows:
``Sec. 16302. Education loan repayment program: health
professions officers serving in Selected Reserve with
wartime critical medical skill shortages''.
(e) Conforming Amendments.--Section 2171 is amended as
follows:
(1) Subsection (a)(1)(B) is amended by striking out ``or''
after ``(B)''.
(2) Subsection (a)(2) is amended--
(A) in the first sentence, by striking out ``person for--''
and all that follows through ``(B) service performed'' and
inserting in lieu thereof ``person for service performed'';
and
(B) by striking out the second sentence.
(3) Subsection (b) is amended to read as follows:
``(b) The portion or amount of a loan that may be repaid
under subsection (a) is 33\1/3\ percent or $1,500, whichever
is greater, for each year of service.''.
(4) Subsection (e) is amended by striking out ``Any
individual who transfers from service described in clause (A)
or (B) of subsection (a)(2) to service described in the other
clause of such subsection'' and inserting in lieu thereof ``A
person who transfers from service making the person eligible
for repayment of loans under this section (as described in
subsection (a)(2)) to service making the person eligible for
repayment of loans under section 16301 of this title (as
described in subsection (a)(2) of that section)''.
(5) Subsection (f) is amended--
(A) by inserting ``and section 16301 of this title'' after
``this section''; and
(B) by inserting ``and section 16301(a) of this title''
after ``subsection (a)''.
(6) The heading of such section is amended to read as
follows:
``Sec. 2171. Education loan repayment program: enlisted
members on active duty in specified military specialties''.
SEC. 1364. LAWS RELATING TO RESERVE COMPONENT PROCUREMENT AND
EQUIPMENT.
(a) Addition of New Part.--(1) Subtitle E, as added by
section 1311, is amended by adding after part IV of such
subtitle (as added by section 1363) the following:
``PART V--SERVICE, SUPPLY, AND PROCUREMENT
``Chap. Sec.
``1801. Issue of Serviceable Material to Reserve Components.[No present
sections]
``1803. Facilities for Reserve Components.....................18231....
``1805. Miscellaneous Provisions..............................18501....
``CHAPTER 1801--ISSUE OF SERVICEABLE MATERIAL TO RESERVE COMPONENTS
``[No present sections]''.
(b) Facilities for Reserve Components.--(1) Chapter 133 is
transferred to the end of part V of subtitle E, as added by
subsection (a), and redesignated as chapter 1803.
(2) The sections of that chapter are redesignated as
follows:
Redesignated
Section section
2231.......................................................18231
2232.......................................................18232
2233.......................................................18233
2233a......................................................18233a
2234.......................................................18234
2235.......................................................18235
2236.......................................................18236
2237.......................................................18237
2238.......................................................18238
2239.......................................................18239
(3) The items in the table of sections at the beginning of
such chapter are revised to reflect the redesignations made
by paragraph (2).
(4) Section 18233 (as redesignated by paragraph (2)) is
amended by striking out ``sections 2233a, 2234, 2235, 2236,
and 2238'' in subsection (a) and inserting in lieu thereof
``sections 18233a, 18234, 18235, 18236, and 18238''.
(5) Section 18233a (as redesignated by paragraph (2)) is
amended--
(A) in subsection (a), by striking out ``section 2233'' and
inserting in lieu thereof ``section 18233''; and
(B) in subsection (b), by striking out ``section 2233(a)''
and inserting in lieu thereof ``section 18233(a)''.
(6) Section 18234 (as redesignated by paragraph (2)) is
amended by striking out ``section 2233'' and inserting in
lieu thereof ``section 18233''.
(7) Section 18235 (as redesignated by paragraph (2)) is
amended by striking out ``section 2233(a)(1)'' in subsection
(a)(1) and inserting in lieu thereof ``section 18233''.
(8) Section 18236 (as redesignated by paragraph (2)) is
amended--
(A) in subsection (a)--
(i) by striking out ``section 2233'' in the first sentence
and inserting in lieu thereof ``section 18233''; and
(ii) by striking out ``section 2233(a)(3) or (4)'' in the
second sentence and inserting in lieu thereof ``paragraph (3)
or (4) of section 18233(a)'';
(B) in subsection (b)--
(i) by striking out ``clause (4) or (5) of section
2233(a)'' in the matter preceding paragraph (1) and inserting
in lieu thereof ``paragraph (4) or (5) of section 18233(a)'';
and
(ii) by striking out ``section 2233(e)'' in paragraph (2)
and inserting in lieu thereof ``section 18233(e)''; and
[[Page 1066]]
(C) in subsection (c), by striking out ``section 2233'' and
inserting in lieu thereof ``section 18233''.
(9) Section 18237 (as redesignated by paragraph (2)) is
amended--
(A) in subsection (a), by striking out ``section
2233(a)(2), (3) and (4)'' and inserting in lieu thereof
``paragraph (2), (3), or (4) of section 18233(a)''; and
(B) in subsection (b), by striking out ``section
2233(a)(2), (3) or (4)'' and inserting in lieu thereof
``paragraph (2), (3), or (4) of section 18233(a)''.
(10) Section 18239 (as redesignated by paragraph (2)) is
amended by striking out ``section 2233'' both places it
appears and inserting in lieu thereof ``section 18233''.
(11) Part IV of subtitle A is amended by inserting after
chapter 131 the following:
``CHAPTER 133--FACILITIES FOR RESERVE COMPONENTS
``Sec.
``2231. Reference to chapter 1803.
``Sec. 2231. Reference to chapter 1803
``Provisions of law relating to facilities for reserve
components are set forth in chapter 1803 of this title
(beginning with section 18231).''.
(c) Miscellaneous Provisions.--(1) Part V of subtitle E, as
added by subsection (a), is amended by adding after chapter
1803, as transferred by subsection (b), the following:
``CHAPTER 1805--MISCELLANEOUS PROVISIONS
``Sec.
``18501. Reserve components: personnel and logistic support by military
departments.
``18502. Reserve components: supplies, services, and facilities.
``Sec. 18501. Reserve components: personnel and logistic
support by military departments
``The Secretary concerned is responsible for providing the
personnel, equipment, facilities, and other general logistic
support necessary to enable units and Reserves in the Ready
Reserve of the reserve components under his jurisdiction to
satisfy the training requirements and mobilization readiness
requirements for those units and Reserves as recommended by
the Secretary concerned and by the Chairman of the Joint
Chiefs of Staff and approved by the Secretary of Defense, and
as recommended by the Commandant of the Coast Guard and
approved by the Secretary of Transportation when the Coast
Guard is not operated as a service of the Navy.
``Sec. 18502. Reserve components: supplies, services, and
facilities
``(a) The Secretary concerned shall make available to the
reserve components under his jurisdiction the supplies,
services, and facilities of the armed forces under his
jurisdiction that he considers necessary to support and
develop those components.
``(b) Whenever he finds it to be in the best interest of
the United States, the Secretary concerned may issue supplies
of the armed forces under his jurisdiction to the reserve
components under his jurisdiction, without charge to the
appropriations for those components for the cost or value of
the supplies or for any related expense.
``(c) Whenever he finds it to be in the best interest of
the United States, the Secretary of the Army or the Secretary
of the Air Force may issue to the Army National Guard or the
Air National Guard, as the case may be, supplies of the armed
forces under his jurisdiction that are in addition to
supplies issued to that National Guard under section 702 of
title 32 or charged against its appropriations under section
106 or 107 of title 32, without charge to the appropriations
for those components for the cost or value of the supplies or
for any related expense.
``(d) Supplies issued under subsection (b) or (c) may be
repossessed or redistributed as prescribed by the Secretary
concerned.''.
(2) Section 2540 is repealed.
SEC. 1365. LEGISLATIVE CONSTRUCTION.
(a) References to Transferred or Replaced Provisions.--A
reference to a provision of title 10, United States Code,
transferred or replaced by the provisions of sections 1361
through 1364 (including a reference in a regulation, order,
or other law) shall be treated as referring to that provision
as transferred or to the corresponding provision as so
enacted by this subtitle.
(b) Savings Provision for Regulations.--A regulation, rule,
or order in effect under a provision of title 10, United
States Code, replaced by a provision of that title enacted by
sections 1361 through 1364 shall continue in effect under the
corresponding provision so enacted until repealed, amended,
or superseded.
(c) General Savings Provision.--An Action taken, or a right
that matured, under a provision of title 10, United States
Code, replaced by a provision of that title enacted by
sections 1361 through 1364 shall be treated as having been
taken, or having matured, under the corresponding provision
so enacted.
Subtitle D--Technical and Clerical Amendments
SEC. 1371. AMENDMENTS TO SUBTITLE A OF TITLE 10, UNITED
STATES CODE.
(a) Table of Subtitles.--The table of subtitles preceding
subtitle A is amended by adding at the end the following new
item:
``E. Reserve Components....................................10001''.....
(b) Tables of Sections.--
(1) The table of sections at the beginning of chapter 2 is
amended by striking out the item relating to section 115b.
(2) The table of sections at the beginning of chapter 3 is
amended by striking out the item relating to section 123 and
inserting in lieu thereof the following:
``123. Authority to suspend officer personnel laws during war or
national emergency.''.
(3) The table of sections at the beginning of chapter 31 is
amended by striking out the items relating to sections 510,
511, 512, and 517.
(4) The table of sections at the beginning of chapter 32 is
amended--
(A) by striking out the item relating to section 524; and
(B) by striking out ``524,'' in the item relating to
section 527.
(5) The table of sections at the beginning of subchapter V
of chapter 36 is amended by striking out the item relating to
section 644.
(6) The table of sections at the beginning of chapter 37 is
amended by striking out the item relating to section 652.
(7) The table of sections at the beginning of chapter 39 is
amended--
(A) by striking out the item relating to section 672 and
inserting in lieu thereof the following:
``672. Reference to chapter 1209.'';
and
(B) by striking out the items relating to section 673
through 686 and section 689.
(8) The table of sections at the beginning of chapter 41 is
amended by striking out the item relating to section 715.
(9) The table of sections at the beginning of chapter 53 is
amended by striking out the item relating to section 1033.
(10) The table of sections at the beginning of chapter 59
is amended by striking out the items relating to sections
1162 and 1163.
(11) The table of sections at the beginning of chapter 69
is amended--
(A) by striking out the item relating to section 1374; and
(B) by striking out the item relating to section 1376 and
inserting in lieu thereof the following:
``1376. Temporary disability retired lists.''.
(12) The table of sections at the beginning of chapter 101
is amended by striking out the item relating to section 2001.
(13) The table of sections at the beginning of chapter 109
is amended by striking out the items relating to sections
2171 and 2172 and inserting in lieu thereof the following:
``2171. Education loan repayment program: enlisted members on active
duty in specified military specialties.''.
(14) The table of sections at the beginning of subchapter I
of chapter 152 is amended by striking out the item relating
to section 2540.
(c) Cross-Reference Amendments--
(1) Section 101(a)(13) is amended by striking out ``672(a),
673, 673b, 673c, 688, 3500, or 8500'' and inserting in lieu
thereof ``688, 12301(a), 12302, 12304, 12305, or 12406''.
(2) Section 113(c)(3) is amended by striking out ``chapters
51, 337, 361, 363, 549, 573, 837, 861, and 863 of this title,
as far as they apply to reserve officers'' and inserting in
lieu thereof ``chapters 1219 and 1401 through 1411 of this
title ''.
(3) Section 523(b)(1) is amended--
(A) in subparagraph (B), by striking out ``section 265''
and all that follows through ``of this title'' and inserting
in lieu thereof ``section 10211, 10302 through 10305, or
12402 of this title'';
(B) in subparagraph (C), by striking out ``section 672(d)''
and inserting in lieu thereof ``section 12301(d)''; and
(C) in subparagraph (E), by striking out ``section 673b''
and inserting in lieu thereof ``section 12304''.
(4) Section 527 is amended by striking out ``524,'' in the
text and in the heading.
(5) Section 641(1) is amended--
(A) in subparagraph (B), by striking out ``section 175''
and all that follows through ``of this title'' and inserting
in lieu thereof ``section 3038, 8038, 10211, 10301 through
10305, 10501, or 12402 of this title'';
(B) in subparagraph (C), by striking out ``section 672(d)''
and inserting in lieu thereof ``section 12301(d)''; and
(C) in subparagraph (E), by striking out ``section 673b''
and inserting in lieu thereof ``section 12304''.
(6) Sections 1201, 1202, and 1203 are each amended by
striking out ``section 270(b)'' and inserting in lieu thereof
``section 10148(a)''.
(7)(A) Section 1076(b)(2)(A) is amended by striking out
``under chapter 67 of this title'' and inserting in lieu
thereof ``under chapter 1223 of this title (or under chapter
67 of this title as in effect before the effective date of
the Reserve Officer Personnel Management Act)''.
(B) Section 1370(a)(1) is amended by striking out ``chapter
67'' and inserting in lieu thereof ``chapter 1223''.
(8) Section 1482(f)(2) is amended by striking out ``section
1332'' and ``section 1331'' and inserting in lieu thereof
``section 12732'' and ``12731'', respectively.
(d) Survivor Benefit Plan.--Subchapter II of chapter 73 is
amended as follows:
(1) Section 1447(14) is amended by striking out ``chapter
67 of this title'' and inserting in lieu thereof ``chapter
1223 of this title (or under chapter 67 of this title as in
effect before the effective date of the Reserve Officer
Personnel Management Act)''.
(2) The following provisions are amended by striking out
``section 1331(d)'' and inserting in lieu thereof ``section
12731(d)'': sec-
[[Page 1067]]
tions 1447(2)(C), 1448(a)(2)(B), 1448(f)(1)(A), and
1448(f)(1)(B).
SEC. 1372. AMENDMENTS TO SUBTITLE B OF TITLE 10, UNITED
STATES CODE.
(a) Tables of Chapters.--The table of chapters at the
beginning of subtitle B, and the table of chapters at the
beginning of part II of that subtitle, are each amended by
striking out the items relating to chapters 337, 361, and
363.
(b) Tables of Sections.--
(1) The table of sections at the beginning of chapter 305
is amended by striking out the item relating to section 3040.
(2) The table of sections at the beginning of chapter 307
is amended by striking out the items relating to section 3076
through 3080 and section 3082.
(3) The table of sections at the beginning of chapter 331
is amended by striking out the items relating to section 3212
and sections 3217 through 3225.
(4) The table of sections at the beginning of chapter 333
is amended by striking out the items relating to sections
3259, 3260, and 3261.
(5) The table of sections at the beginning of chapter 341
is amended by striking out the items relating to sections
3495 through 3502.
(6) The table of sections at the beginning of chapter 343
is amended by striking out the items relating to sections
3541 and 3542.
(7) The table of sections at the beginning of chapter 353
is amended by striking out the item relating to section 3686.
(c) Cross Reference Amendments.--
(1) Section 3038(b) is amended by striking out ``section
265'' and inserting in lieu thereof ``section 10211''.
(2) Section 3961(a) is amended by striking out ``chapter
67'' and inserting in lieu thereof ``chapter 1223''.
(3) Section 4342(b)(1)(B) is amended by striking out
``section 1331 of this title'' and inserting in lieu thereof
``section 12731 of this title (or under section 1331 of this
title as in effect before the effective date of the Reserve
Officer Personnel Management Act)''.
SEC. 1373. AMENDMENTS TO SUBTITLE C OF TITLE 10, UNITED
STATES CODE.
(a) Tables of Chapters.--
(1) The table of chapters at the beginning of subtitle C is
amended by striking out the items relating to chapters 519,
531, 541, and 549.
(2) The table of chapters at the beginning of part I of
subtitle C is amended by striking out the item relating to
chapter 519.
(3) The table of chapters at the beginning of part II of
subtitle C is amended by striking out the items relating to
chapters 531, 541, and 549.
(b) Tables of Sections.--
(1) The table of sections at the beginning of chapter 533
is amended by striking out the items relating to sections
5456, 5457, and 5458.
(2) The table of sections at the beginning of chapter 539
is amended by striking out the item relating to section 5600.
(3) The table of sections at the beginning of chapter 555
is amended by striking out the items relating to sections
6017 and 6034.
(4) The table of sections at the beginning of chapter 573
is amended by striking out the items relating to sections
6391, 6392, 6397, 6403, and 6410.
(c) Cross Reference Amendments.--
(1) Section 6389(a) is amended by striking out ``section
1005'' and inserting in lieu thereof ``section 12645''.
(2) Section 6954(b)(1)(B) is amended by striking out
``section 1331 of this title'' and inserting in lieu thereof
``section 12731 of this title (or under section 1331 of this
title as in effect before the effective date of the Reserve
Officer Personnel Management Act)''.
(d) Repeal of Section Redundant with Section 741.--
(1) Section 5506 is repealed.
(2) The table of sections at the beginning of chapter 535
is amended by striking out the item relating to section 5506.
SEC. 1374. AMENDMENTS TO SUBTITLE D OF TITLE 10, UNITED
STATES CODE.
(a) Tables of Chapters.--The table of chapters at the
beginning of subtitle D, and the table of chapters at the
beginning of part II of that subtitle, are each amended by
striking out the items relating to chapters 837 and 863.
(b) Tables of Sections.--
(1) The table of sections at the beginning of chapter 807
is amended by striking out the items relating to sections
8076 through 8080.
(2) The table of sections at the beginning of chapter 831
is amended by striking out the items relating to section 8212
and sections 8217 through 8225.
(3) The table of sections at the beginning of chapter 833
is amended by striking out the items relating to sections
8259, 8260, and 8261.
(4) The table of sections at the beginning of chapter 841
is amended by striking out the items relating to sections
8495 through 8502.
(5) The table of sections at the beginning of chapter 843
is amended by striking out the items relating to sections
8541 and 8542.
(6) The table of sections at the beginning of chapter 853
is amended by striking out the item relating to section 8686.
(7) The table of sections at the beginning of chapter 861
is amended by striking out the items relating to sections
8819 and 8820.
(c) Cross Reference Amendments.--
(1) Section 8038(b) is amended by striking out ``section
265'' and inserting in lieu thereof ``section 10211''.
(2) Section 8961(a) is amended by striking out ``chapter
67'' and inserting in lieu thereof ``chapter 1223''.
(3) Section 9342(b)(1)(B) is amended by striking out
``section 1331 of this title'' and inserting in lieu thereof
``section 12731 of this title (or under section 1331 of this
title as in effect before the effective date of the Reserve
Officer Personnel Management Act)''.
SEC. 1375. AMENDMENTS TO SUBTITLE E OF TITLE 10, UNITED
STATES CODE.
(a) Chapter 1203.--Section 12102 (as transferred and
redesignated by section 1362(b)(2)) is amended by striking
out ``section 3261 or 8261'' in subsection (a) and inserting
in lieu thereof ``section 12107''.
(b) Chapter 1205.--Sections of chapter 1205 (as transferred
and redesignated by section 1362(c)(2)) are amended as
follows:
(1) Section 12203 is amended by striking out ``3352, or
8352'' in subsection (a) and inserting in lieu thereof
``12213, or 12214''.
(2) Sections 12213 and 12214 are amended by striking out
``or Territory, Puerto Rico, or the District of Columbia,
whichever is'' in subsection (a).
(c) Chapter 1209.--Sections of chapter 1209 (as transferred
and redesignated by section 1362(e)(2)) are amended as
follows:
(1) Section 12301 is amended--
(A) in subsection (b), by striking out ``or Territory'' and
all that follows through the period at the end and inserting
in lieu thereof ``(or, in the case of the District of
Columbia National Guard, the commanding general of the
District of Columbia National Guard).''; and
(B) in subsection (d), by striking out ``or Territory,
Puerto Rico, or the District of Columbia, whichever is''.
(2) Section 12304 is amended--
(A) by striking out ``section 673(a)'' in subsection (a)
and inserting in lieu thereof ``section 12302(a)'';
(B) by striking out ``section 268(b)'' in subsection (a)
and inserting in lieu thereof ``section 10143(a)''; and
(C) by striking out ``section 3500 or 8500'' in subsection
(b) and inserting in lieu thereof ``section 12406''.
(3) Section 12305 is amended by striking out ``section 672,
673, or 673b'' in subsections (a) and (b) and inserting in
lieu thereof ``section 12301, 12302, or 12304''.
(4) Section 12306 is amended by striking out ``section
672'' in subsection (a) and inserting in lieu thereof
``section 12301''.
(5) Section 12307 is amended by striking out ``section
672(a) or 688'', ``section 1001(b)'', and ``chapter 67'' and
inserting in lieu thereof ``section 688 or 12301(a)'',
``section 12641(b)'', and ``chapter 1223'', respectively.
(6) Section 12308 is amended by striking out ``chapter 67''
and ``section 1332(b)'' and inserting in lieu thereof
``chapter 1223'' and ``section 12732(b)'', respectively.
(7) Section 12310 is amended by striking out ``section
672(d)'' in subsection (a) and inserting in lieu thereof
``section 12301(d)''.
(8) Section 12312 is amended by striking out ``section
679(a)'' in subsections (a) and (b) and inserting in lieu
thereof ``section 12311(a)''.
(9) Section 12318 is amended--
(A) by striking out ``section 673 or 673b'' in subsections
(a) and (b) and inserting in lieu thereof ``section 12302 or
12304''; and
(B) by striking out ``section 678'' in subsection (b) and
inserting in lieu thereof ``section 12310''.
(10) Section 12319(d) is amended by striking out ``chapter
67'' and inserting in lieu thereof ``chapter 1223''.
(11) Section 12320 is amended by striking out ``section
3353, 5600, or 8353'' and inserting in lieu thereof ``section
12207''.
(d) Chapter 1219.--Sections of chapter 1219 (as transferred
and redesignated by section 1362(h)) are amended as follows:
(1) Section 12642 is amended--
(A) by striking out ``section 1332(a)(2)'' in subsection
(a) and inserting in lieu thereof ``section 12732(a)(2)'';
and
(B) by striking out ``section 1005'' in subsection (b) and
inserting in lieu thereof ``section 12645''.
(2) Section 12645 is amended by striking out ``chapter 337,
361, 363, 573, 837, 861, or 863'' in subsection (a) and
inserting in lieu thereof ``chapter 573, 1407, 1409, or
1411''.
(3) Section 12646 is amended--
(A) by striking out ``section 1332'' each place it appears
in subsections (a) and (b) and inserting in lieu thereof
``section 12732'';
(B) by striking out ``chapter 337, 361, 363, 573, 837, 861,
or 863'' in subsections (a) and (b) and inserting in lieu
thereof ``chapter 573, 1407, or 1409''; and
(C) by striking out subsection (e) and inserting in lieu
thereof the following:
``(e)(1) A reserve commissioned officer on active duty
(other than for training) or full-time National Guard duty
(other than full-time National Guard duty for training only)
who, on the date on which the officer would otherwise be
removed from an active status under section 6389, 14513, or
14514 of this title or section 740 of title 14, is within two
years of qualifying for retirement under section 3911, 6323,
or 8911 of this title may, in the discretion of the Secretary
concerned and subject to paragraph (2), be retained on that
duty for a period of not more than two years.
``(2) An officer may be retained on active duty or full-
time National Guard duty under paragraph (1) only if--
``(A) at the end of the period for which the officer is
retained the officer will be qualified for retirement under
section 3911, 6323, or 8911 of this title; and
``(B) the officer will not, before the end of that period,
reach the age at which transfer from an active status or
discharge is required by this title or title 14.
``(3) An officer who is retained on active duty or full-
time National Guard duty under
[[Page 1068]]
this section may not be removed from an active status while
on that duty.''.
(4) Section 12647 is amended by striking out ``chapters
337, 363, 573, 837, and 863'' and inserting in lieu thereof
``chapters 573, 1407, and 1409''.
SEC. 1376. AMENDMENTS TO TITLES 32 AND 37, UNITED STATES
CODE.
(a) Title 32, United States Code.--Title 32, United States
Code, is amended as follows:
(1) Section 107(c) is amended by striking out ``section
3496 or 8496'' and inserting in lieu thereof ``section
12402''.
(2) Section 307(a)(3) is amended by striking out ``and
sections 8365 and 8366 of title 10''.
(3) Section 323(c) is amended by striking out ``section
3259, 3352(a), 8259, or 8352(a)'' and inserting in lieu
thereof ``section 12105, 12213(a), or 12214(a)''.
(4) The items relating to sections 309 and 310 in the table
of sections at the beginning of chapter 3 are amended to read
as follows:
``309. Federal recognition of National Guard officers: officers
promoted to fill vacancies.
``310. Federal recognition of National Guard officers: automatic
recognition.''.
(b) Title 37, United States Code.--Title 37, United States
Code, is amended as follows:
(1) Section 204(a)(2) is amended by striking out ``section
3021, 3496, 3541, 8021, 8496, or 8541'' and inserting in lieu
thereof ``section 10302, 10305, 10502, or 12402''.
(2) Section 205(e)(2) is amended--
(A) by striking out ``section 511(b) or 511(d)'' in
subparagraph (A) and inserting in lieu thereof ``section
12103(b) or 12103(d)''; and
(B) by striking out ``chapter 39'' in subparagraph (B) and
inserting in lieu thereof ``chapter 1209''.
(3) Section 905 is amended--
(A) by striking out ``chapter 549'' in subsection (a) and
inserting in lieu thereof ``chapter 1405''; and
(B) by striking out ``section 5908'' in subsection (b) and
inserting in lieu thereof ``section 14308(b)''.
SEC. 1377. AMENDMENTS TO OTHER LAWS.
(a) Title 5, United States Code.--Title 5, United States
Code, is amended as follows:
(1) Section 5517(d)(2) is amended by striking out ``section
270(a) of title 10'' and inserting in lieu thereof ``section
10147 of title 10''.
(2) Section 6323(b) is amended--
(A) in paragraph (1), by striking out ``section 261 of
title 10'' and inserting in lieu thereof ``section 10101 of
title 10''; and
(B) in paragraph (2)(A), by striking out ``3500, or 8500 of
title 10'' and inserting in lieu thereof ``or 12406 of title
10''; and
(3) Sections 8332(c)(2)(B) and 8411(c)(2)(B) are amended by
striking out ``chapter 67 of title 10'' and inserting in lieu
thereof ``chapter 1223 of title 10 (or under chapter 67 of
that title as in effect before the effective date of the
Reserve Officer Personnel Management Act)''.
(4) Sections 8401(30) and 8456(a)(1)(A) are amended by
striking out ``section 261(a) of title 10'' and inserting in
lieu thereof ``section 10101 of title 10''.
(b) Title 14, United States Code.--Title 14, United States
Code, is amended as follows:
(1) Section 41a(a) is amended by striking out ``section 679
of title 10'' and inserting in lieu thereof ``section 12311
of title 10''.
(2) Section 271(e) is amended by striking out ``section 593
of title 10'' and inserting in lieu thereof ``section 12203
of title 10''.
(3) Section 712(c)(1) is amended by striking out ``section
270 of title 10'' and inserting in lieu thereof ``section
10147 of title 10''.
(4) Section 713 is amended by striking out ``section 511(d)
of title 10'' and inserting in lieu thereof ``section
12103(d) of title 10''.
(5) Sections 740(c) and 741(b) are amended by striking out
``section 1006 of title 10'' and inserting in lieu thereof
``section 12646 of title 10''.
(c) Internal Revenue Code of 1986.--Section 219(g)(6)(A) of
the Internal Revenue Code of 1986 is amended by striking out
``section 261(a) of title 10'' and inserting in lieu thereof
``section 10101 of title 10''.
(d) Title 38, United States Code.--Title 38, United States
Code, is amended as follows:
(1) Sections 1965(5)(B), 1965(5)(C), and 1968(a)(4)(B) are
amended by striking out ``chapter 67 of title 10'' and
inserting in lieu thereof ``chapter 1223 of title 10 (or
under chapter 67 of that title as in effect before the
effective date of the Reserve Officer Personnel Management
Act)''.
(2) Section 3002 is amended--
(A) in paragraph (4), by striking out ``section 268(b) of
title 10'' and inserting in lieu thereof ``section 10143(a)
of title 10''; and
(B) in paragraph (6), by striking out ``section 511(d) of
title 10'' and inserting in lieu thereof ``section 12103(d)
of title 10''.
(e) Public Law 99-661.--Section 403(b)(1) of Public Law 99-
661 (10 U.S.C. 521 note) is amended--
(1) in subparagraph (B), by striking out ``section 265''
and all that follows through ``of title 10'' and inserting in
lieu thereof ``section 10148(a), 10211, 10302 through 10305,
12301(a), or 12402 of title 10'';
(2) in subparagraph (C), by striking out ``section 672(d)''
and inserting in lieu thereof ``section 12301(d)''; and
(3) in subparagraph (E), by striking out ``section 673b''
and inserting in lieu thereof ``section 12304''.
(f) Military Selective Service Act.--Section 6 of the
Military Selective Service Act (50 U.S.C. App. 456) is
amended--
(1) in subsection (c)(2)(A), by striking out ``section 270
of title 10'' and inserting in lieu thereof ``section 10147
of title 10'';
(2) in subsection (c)(2)(D), by striking out ``section
511(b) of title 10'' and inserting in lieu thereof ``section
12103 of title 10''; and
(3) in subsection (d)(1), by striking out ``section 270(a)
of title 10'' and inserting in lieu thereof ``section 10147
of title 10''.
Subtitle E--Transition Provisions
SEC. 1381. CONTINUATION ON THE RESERVE ACTIVE-STATUS LIST OF
CERTAIN RESERVE COLONELS OF THE ARMY AND AIR
FORCE.
(a) Continuation Under Old Law.--Except as provided in
subsection (b), a reserve officer of the Army or the Air
Force who, on the effective date of this title--
(1) is subject to placement on the reserve active-status
list of the Army or the Air Force; and
(2)(A) holds the reserve grade of colonel, (B) is on a list
of officers recommended for promotion to the reserve grade of
colonel, or (C) has been nominated by the President for
appointment in the reserve grade of colonel,
shall continue to be subject to mandatory transfer to the
Retired Reserve or discharge from the officer's reserve
appointment under section 3851 or 8851 of title 10, United
States Code, as in effect on the day before the effective
date of this title.
(b) Exemption.--This section does not apply to an officer
who is--
(1) sooner transferred from an active status or discharged
under some other provision of law;
(2) promoted to a higher grade, unless the officer was on a
list of officers recommended for promotion to the reserve
grade of colonel before the effective date of this title; or
(3) continued on the reserve active-status list under
section 14701 of title 10, United States Code, as added by
this title.
SEC. 1382. EFFECTS OF SELECTION FOR PROMOTION AND FAILURE OF
SELECTION FOR ARMY AND AIR FORCE OFFICERS.
(a) Promotions To Fill Vacancies.--A reserve commissioned
officer of the Army or Air Force (other than a commissioned
warrant officer) who, on the day before the effective date of
this title, is recommended for promotion to fill a vacancy in
the Army Reserve or the Air Force Reserve under section 3383,
3384, 8372, or 8373 of title 10, United States Code, as in
effect on the day before the effective date of this title, in
the next higher reserve grade shall be considered to have
been recommended for promotion to that grade by a vacancy
promotion board under section 14101(a)(2) of title 10, United
States Code, as added by this title.
(b) Promotions Other Than To Fill Vacancies.--A reserve
officer of the Army or Air Force who, on the day before the
effective date of this title, is recommended for promotion
under section 3366, 3367, 3370, 3371, 8366, or 8371 of title
10, United States Code, as in effect on the day before the
effective date of this title, to a reserve grade higher than
the grade in which the officer is serving shall be considered
to have been recommended for promotion by a mandatory
promotion board convened under section 14101(a)(1) of title
10, United States Code, as added by this title.
(c) Officers Found Qualified for Promotion to First
Lieutenant.--A reserve officer of the Army or Air Force who,
on the effective date of the title, holds the grade of second
lieutenant and has been found qualified for promotion to the
grade of first lieutenant in accordance with section 3365,
3382, or 8365 of title 10, United States Code, as in effect
on the day before the effective date of this title, shall be
promoted to that grade on the date on which the officer would
have been promoted under the provisions of chapter 337 or 837
of such title, as in effect on the day before the effective
date of this title, unless sooner promoted under regulations
prescribed by the Secretary of the Army or the Secretary of
the Air Force under section 14308(b) of title 10, United
States Code, as added by this title.
(d) Officers Once Failed of Selection.--(1) A reserve
officer of the Army in the grade of first lieutenant,
captain, or major who, on the day before the effective date
of this title, has been considered once but not recommended
for promotion to the next higher reserve grade under section
3366 or 3367 of title 10, United States Code, or a reserve
officer of the Air Force in the grade of first lieutenant,
captain, or major who, on the day before the effective date
of this title, is a deferred officer within the meaning of
section 8368 of such title, shall be considered to have been
considered once but not selected for promotion by a board
convened under section 14101(a)(1) of title 10, United States
Code, as added by this title. If the officer is later
considered for promotion by a selection board convened under
that section and is not selected for promotion (or is
selected for promotion but declines to accept the promotion),
the officer shall be considered for all purposes to have
twice failed of selection for promotion.
(2) In the case of a reserve officer of the Army or Air
Force in an active status who, on the day before the
effective date of this title, is in the grade of first
lieutenant, captain, or major and whose name has been
removed, under the provisions of section 3363(f) of title 10,
United States Code, from a list of officers recommended for
promotion or who has previously not been promoted because the
President declined to appoint the officer
[[Page 1069]]
in the next higher grade under section 8377 of such title as
in effect on the day before the effective date of this title,
or whose name was removed from a list of officers recommended
for promotion to the next higher grade because the Senate did
not consent to the officer's appointment, if the officer is
later considered for promotion by a selection board convened
by section 14101(a)(1) of title 10, United States Code, as
added by this title, and (A) is not selected for promotion,
(B) is selected for promotion but removed from the list of
officers recommended or approved for promotion, or (C) is
selected for promotion but declines to accept the promotion,
the officer shall be considered for all purposes to have
twice failed of selection for promotion.
(e) Officers Twice Failed of Selection.--A reserve officer
of the Army or Air Force in an active status who, on the day
before the effective date of this title, is in the grade of
first lieutenant, captain, or major and on that date is
subject to be treated as prescribed in section 3846 or 8846
of title 10, United States Code, shall continue to be
governed by that section as in effect on the day before the
effective date of this title.
(f) Officers With Approved Promotion Declinations in
Effect.--A reserve officer of the Army who, on the day before
the effective date of this title, has declined a promotion
under subsection (f) or (g) of section 3364 of title 10,
United States Code, shall while carried on the reserve active
status list be subject to the provisions of subsections (h),
(i), and (j) of such section, as in effect on the day before
the effective date of this title, except that the name of an
officer to whom this section applies shall be placed on a
promotion list under section 14308(a) of title 10, United
States Code (as added by this title), and, at the end of the
approved period of declination, shall be considered to have
failed of promotion if the officer again declines to accept
the promotion.
(g) Covered Officers.--This section applies to reserve
officers of the Army and Air Force who--
(1) on the day before the effective date of this title are
in an active status; and
(2) on the effective date of this title are subject to
placement on the reserve active-status list of the Army or
the Air Force.
SEC. 1383. EFFECTS OF SELECTION FOR PROMOTION AND FAILURE OF
SELECTION FOR NAVY AND MARINE CORPS OFFICERS.
(a) Recommendations for Promotion.--An officer covered by
this section who, on the day before the effective date of
this title, has been recommended for promotion to a reserve
grade higher than the grade in which the officer is serving
shall be considered to have been recommended for promotion to
that grade under section 14101(a) of title 10, United States
Code, as added by this title.
(b) Failures of Selection.--An officer covered by this
section who, on the day before the effective date of this
title is considered to have failed of selection for promotion
one or more times under chapter 549 of title 10, United
States Code, to a grade below captain, in the case of a
reserve officer of the Navy, or to a grade below colonel, in
the case of a reserve officer of the Marine Corps, shall be
subject to chapters 1405 and 1407 of title 10, United States
Code, as added by this title, as if such failure or failures
had occurred under the provisions of those chapters.
(c) Officers Other Than Covered Officers Recommended for
Promotion.--A reserve officer of the Navy or Marine Corps who
on the day before the effective date of this title (1) has
been recommended for promotion in the approved report of a
selection board convened under chapter 549 of title 10,
United States Code, and (2) was on the active-duty list of
the Navy or Marine Corps may be promoted under that chapter,
as in effect on the day before the effective date of this
title.
(d) Officers Found Qualified for Promotion to Lieutenant
(Junior Grade) or First Lieutenant.--A covered officer who,
on the effective date of this title, holds the grade of
second lieutenant and has been found qualified for promotion
in accordance with section 5908 or 5910 of title 10, United
States Code, as in effect on the day before the effective
date of this title, shall be promoted on the date on which
the officer would have been promoted under the provisions of
chapter 549 of such title, as in effect on the day before the
effective date of this title, unless sooner promoted under
regulations prescribed by the Secretary of the Navy under
section 14307(b) of such title, as added by this title.
(e) Officers Whose Names Have Been Omitted From a List
Furnished to a Selection Board.--A covered officer whose
name, as of the effective date of this title, had been
omitted by administrative error from the list of officers
furnished the most recent selection board to consider
officers of the same grade and component, shall be considered
by a special selection board established under section 14502
of title 10, United States Code, as added by this title. If
the officer is selected for promotion by that board, the
officer shall be promoted as specified in section 5904 of
title 10, United States Code, as in effect on the day before
the effective date of this title.
(f) Covered Officers.--Except as provided in subsection
(c), this section applies to any reserve officer of the Navy
or Marine Corps who (1) before the effective date of this
title is in an active status, and (2) on the effective date
of this title is subject to placement on the reserve active-
status list of the Navy or Marine Corps.
SEC. 1384. DELAYS IN PROMOTIONS AND REMOVALS FROM PROMOTION
LIST.
(a) Delays in Promotions.--(1) A delay in a promotion that
is in effect on the day before the effective date of this
title under the laws and regulations in effect on that date
shall continue in effect on and after that date as if the
promotion had been delayed under section 14311 of title 10,
United States Code, as added by this title.
(2) The delay of the promotion of a reserve officer of the
Army or the Air Force which was in effect solely to achieve
compliance with limitations set out in section 524 of title
10, United States Code, or with regulations prescribed by the
Secretary of Defense with respect to sections 3380(c) and
8380(c) of title 10, United States Code, as in effect on the
day before the effective date of this title, shall continue
in effect as if the promotion had been delayed under section
14311(e) of such title, as added by this title.
(b) Removals From List.--An Action that was initiated
before the effective date of this title under the laws and
regulations in effect before that date to remove the name of
an officer from a promotion list or from a list of officers
recommended or approved for promotion shall continue on and
after such date as if such action had been initiated under
section 14110(d) or 14310, as appropriate, of title 10,
United States Code, as added by this title.
SEC. 1385. MINIMUM SERVICE QUALIFICATIONS FOR PROMOTION.
During the five-year period beginning on the effective date
of this title, the Secretary of the Army and the Secretary of
the Air Force may waive the provisions of section 14304 of
title 10, United States Code, as added by this title. The
Secretary may, in addition, during any period in which such a
waiver is in effect, establish minimum periods of total years
of commissioned service an officer must have served to be
eligible for consideration for promotion to the grade of
captain, major, or lieutenant colonel by boards convened
under section 14101(a) of title 10, United States Code, as
added by this title.
SEC. 1386. ESTABLISHMENT OF RESERVE ACTIVE-STATUS LIST.
(a) Six-Month Deadline.--Not later than six months after
the effective date of this title, the Secretary of the
military department concerned shall ensure that--
(1) all officers of the Army, Navy, Air Force, and Marine
Corps who are required to be placed on the reserve active-
status list of their Armed Force under section 14002 of title
10, United States Code, as added by this title, shall be
placed on the list for their armed force and in their
competitive category; and
(2) the relative seniority of those officers on each such
list shall be established.
(b) Regulations.--The Secretary concerned shall prescribe
regulations for the establishment of relative seniority. The
Secretary of the Army and the Secretary of the Air Force
shall, in prescribing such regulations, provide for the
consideration of both promotion service established under
section 3360(b) or 8360(e) of title 10, United States Code,
as in effect on the day before the effective date of this
title, and total commissioned service established under
section 3360(c) or 8366(e) of such title, as in effect on the
day before the effective date of this title. An officer
placed on a reserve active-status list in accordance with
this section shall be considered to have been on the list as
of the effective date of this title.
SEC. 1387. PRESERVATION OF RELATIVE SENIORITY UNDER THE
INITIAL ESTABLISHMENT OF THE RESERVE ACTIVE-
STATUS LIST.
In order to maintain the relative seniority among reserve
officers of the Army, Navy, Air Force, or Marine Corps as
determined under section 1386, the Secretary of the military
department concerned may, during the one-year period
beginning on the effective date of this title, adjust the
date of rank of any reserve officer of such Armed Force who
was in an active status but not on the active-duty list on
such effective date.
SEC. 1388. GRADE ON TRANSFER TO THE RETIRED RESERVE.
In determining the highest grade held satisfactorily by a
person at any time in the Armed Forces for the purposes of
paragraph (2) of section 1406(b) of title 10, United States
Code, as added by this title, the requirement for
satisfactory service on the reserve active-status list
contained in section 1370(d) of title 10, United States Code,
as added by this title, shall apply only to reserve
commissioned officers who are promoted to a higher grade as a
result of selection for promotion under chapter 36 of that
title or under chapter 1405 of that title, as added by this
title, or having been found qualified for Federal recognition
in a higher grade under chapter 3 of title 32, United States
Code, after the effective date of this title.
SEC. 1389. RIGHTS FOR OFFICERS WITH OVER THREE YEARS SERVICE.
A reserve officer of the Army, Navy, Air Force, or Marine
Corps who was in an active status on the day before the
effective date of this title and who was subject to placement
of the reserve active-status list on the effective date of
this title may not be discharged under section 14503 of title
10, United States Code, as added by this title, until on or
after the day on which that officer completes three years of
continuous service as a reserve commissioned officer.
SEC. 1390. MANDATORY SEPARATION FOR AGE FOR CERTAIN RESERVE
OFFICERS OF THE NAVY AND MARINE CORPS.
(a) Savings Provisions for Required Separation Age.--A
reserve officer of the Navy or the Marine Corps--
[[Page 1070]]
(1) who--
(A) on the effective date of this title is in an active
status, and
(B) on the day before the effective date of this title was
an officer described in section 6389(e), 6397(a), 6403(a), or
6403(b) of title 10, United States Code; and
(2) who, on or after the effective date of this title is
subject to elimination from an active status under any
provision of such title,
is entitled to be treated as that officer would have been
treated under section 6397 or 6403 as applicable, as in
effect on the day before the effective date of this title, if
that treatment would result in the date for the officer's
separation from an active status being a later date than the
date established under the law in effect on or after the
effective date of this title.
(b) Savings Provisions for Mandatory Separation for Age.--
An officer who was initially appointed in the Naval Reserve
or the Marine Corps Reserve before January 1, 1953, and who
cannot complete 20 years of service computed under section
12732 of this title before he becomes 62 years of age, but
can complete this service by the time he becomes 64 years of
age, may be retained in an active status not later than the
date he becomes 64 years of age.
(c) An officer who was initially appointed in the Naval
Reserve or the Marine Corps Reserve before the effective date
of this title, and who cannot complete 20 years of service
computed under section 12732 of this title before he becomes
60 years of age, but can complete this service by the time he
becomes 62 years of age, may be retained in an active status
not later than the date he becomes 62 years of age.
Subtitle F--Effective Dates and General Savings Provisions
SEC. 1391. EFFECTIVE DATE.
(a) Effective Date for Amendments.--The amendments made by
this title shall take effect on the date of the enactment of
this Act.
(b) Effective Date for New Reserve Officer Personnel
Policies.--(1) The provisions of part III of subtitle E of
title 10, United States Code, as added by section 1311, shall
become effective on the first day of the ninth month that
begins after the date of the enactment of this Act.
(2) Any reference in subtitle E of this title to the
effective date of this title is a reference to the effective
date prescribed in paragraph (1).
(3) The personnel policies applicable to Reserve officers
under the provisions of law in effect on the day before the
date of the enactment of this Act and replaced by the Reserve
officer personnel policies prescribed in part III of subtitle
E of title 10, United States Code, as added by section 1311,
shall, notwithstanding the provisions of subsection (a),
continue in effect until the effective date prescribed in
paragraph (1).
(4) The authority to prescribe regulations under the
provisions of part III of subtitle E of title 10, United
States Code, as added by section 1311, shall take effect on
the date of the enactment of this Act.
SEC. 1392. PRESERVATION OF SUSPENDED STATUS OF LAWS SUSPENDED
AS OF EFFECTIVE DATE.
If a provision of law that is in a suspended status on the
day before the effective date of this title under section
1391(b)(1) is transferred or amended by this title, the
suspended status of that provision is not affected by that
transfer or amendment.
SEC. 1393. PRESERVATION OF PRE-EXISTING RIGHTS, DUTIES,
PENALTIES, AND PROCEEDINGS.
Except as otherwise provided in this title, the provisions
of this title and the amendments made by this title do not
affect rights and duties that matured, penalties that were
incurred, or proceedings that were begun before the effective
date of this title under section 1391(b)(1).
TITLE XIV--BOSNIA AND HERZEGOVINA SELF-DEFENSE
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Bosnia and Herzegovina
Self-Defense Act of 1994''.
SEC. 1402. FINDINGS.
The Congress makes the following findings:
(1) For the reasons stated in section 520 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995
(Public Law 103-236), the Congress has found that continued
application of an international arms embargo to the
Government of Bosnia and Herzegovina contravenes that
Government's inherent right of individual or collective self-
defense under Article 51 of the United Nations Charter and
therefore is inconsistent with international law.
(2) Before deploying United States Armed Forces to defend
the territorial integrity and political independence of
Bosnia and Herzegovina, or to enforce United Nations mandates
in Bosnia and Herzegovina, the United States should seek to
permit the Government of Bosnia and Herzegovina to obtain the
means necessary to exercise its inherent right of self-
defense.
SEC. 1403. TERMINATION OF ARMS EMBARGO.
(a) Termination.--The President shall terminate the United
States arms embargo of the Government of Bosnia and
Herzegovina upon receipt from that Government of a request
for assistance in exercising its right of self-defense under
Article 51 of the United Nations Charter.
(b) Definition.--As used in this section, the term ``United
States arms embargo of the Government of Bosnia and
Herzegovina'' means the application to the Government of
Bosnia and Herzegovina of--
(1) the policy adopted July 10, 1991, and published in the
Federal Register of July 19, 1991 (58 F.R. 33322) under the
heading ``Suspension of Munitions Export Licenses to
Yugoslavia''; and
(2) any similar policy being applied by the United States
Government as of the date of receipt of the request described
in subsection (a) pursuant to which approval is denied for
transfers of defense articles and defense services to the
former Yugoslavia.
SEC. 1404. PROVISION OF UNITED STATES MILITARY ASSISTANCE.
(a) Policy.--The President should provide appropriate
military assistance to the Government of Bosnia and
Herzegovina upon receipt from that Government of a request
for assistance in exercising its right of self-defense under
Article 51 of the United Nations Charter.
(b) Authorization of Military Assistance.--
(1) Drawdown authority.--If the Government of Bosnia and
Herzegovina requests United States assistance in exercising
its right of self-defense under Article 51 of the United
Nations Charter, the President is authorized to direct the
drawdown of defense articles from the stocks of the
Department of Defense, defense services of the Department of
Defense, and military education and training in order to
provide assistance to the Government of Bosnia and
Herzegovina. Such assistance shall be provided on such terms
and conditions as the President may determine.
(2) Limitation on value of transfers.--The aggregate value
(as defined in section 664(m) of the Foreign Assistance Act
of 1961) of defense articles, defense services, and military
education and training provided under this subsection may not
exceed $200,000,000.
(3) Expiration of authorization.--The authority provided to
the President in paragraph (1) expires at the end of fiscal
year 1995.
(4) Limitation on activities.--Members of the United States
Armed Forces who perform defense services or provide military
education and training outside the United States under this
subsection may not perform any duties of a combatant nature,
including any duties related to training and advising that
may engage them in combat activities.
(5) Reports to congress.--Within 60 days after any exercise
of the authority of paragraph (1) and every 60 days
thereafter, the President shall report in writing to the
Speaker of the House of Representatives and the President pro
tempore of the Senate concerning the defense articles,
defense services, and military education and training being
provided and the use made of such articles, services, and
education and training.
(6) Reimbursement.--(A) Defense articles, defense services,
and military education and training provided under this
subsection shall be made available without reimbursement to
the Department of Defense except to the extent that funds are
appropriated pursuant to subparagraph (B).
(B) There are authorized to be appropriated to the
President such sums as may be necessary to reimburse the
applicable appropriation, fund, or account for the value (as
defined in section 664(m) of the Foreign Assistance Act of
1961) of defense articles, defense services, or military
education and training provided under this subsection.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SECTION 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 1995''.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(1), the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
Arkansas.................... Pine Bluff Arsenal.......... $97,000,000
California.................. Fort Irwin.................. $10,000,000
Georgia..................... Fort Benning................ $4,650,000
Fort Gordon................. $48,250,000
Hawaii...................... Schofield Barracks.......... $10,000,000
Kentucky.................... Fort Campbell............... $36,400,000
Maryland.................... Aberdeen Proving Grounds.... $2,750,000
Adelphi Laboratory Center... $6,600,000
New Jersey.................. Bayonne Military Ocean $4,050,000
Terminal.
New York.................... Fort Drum................... $19,150,000
U.S. Military Academy, West $28,000,000
Point.
North Carolina.............. Fort Bragg.................. $29,000,000
Sunny Point Military Ocean $22,200,000
Terminal.
Oregon...................... Umatilla Depot Activity..... $179,000,000
Oklahoma.................... Fort Sill................... $18,000,000
Pennsylvania................ Tobyhanna Depot............. $17,000,000
Texas....................... Fort Bliss.................. $20,800,000
Fort Hood................... $49,000,000
Fort Sam Houston............ $7,050,000
Virginia.................... Fort Lee.................... $21,000,000
Fort Myer................... $7,300,000
Washington.................. Fort Lewis.................. $64,000,000
CONUS Classified............ Classified Location......... $1,900,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(2), the Secretary of the Army may acquire real
property and carry out military construction projects for the
locations outside the United States, and in the amounts, set
forth in the following table:
[[Page 1071]]
Army: Outside the United States
------------------------------------------------------------------------
Country Location Amount
------------------------------------------------------------------------
Korea....................... Camp Casey.................. $40,800,000
Kwajalein Atoll............. Kwajalein................... $6,400,000
Worldwide................... Host Nation Support......... $25,000,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2104(a)(5)(A), the Secretary of the Army may
construct or acquire family housing units (including land
acquisition) at the installations, for the purposes, and in
the amounts set forth in the following table:
Army: Family Housing
------------------------------------------------------------------------
State Installation Purpose Amount
------------------------------------------------------------------------
Colorado.......... Fort Carson....... 145 units........ $16,500,000
Georgia........... Fort Stewart...... 128 units........ $10,600,000
Hawaii............ Schofield Barracks 190 units........ $26,000,000
Massachusetts..... Natic Research 35 units......... $4,150,000
Center.
New York.......... U.S. Military 56 units......... $8,000,000
Academy, West
Point.
South Carolina.... Fort Jackson...... 105 units........ $12,000,000
Texas............. Fort Bliss........ 215 units........ $21,400,000
Fort Sam Houston.. 100 units........ $10,000,000
------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of family housing units in an amount not to
exceed $5,992,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2104(a)(6)(A), the Secretary of
the Army may improve existing military family housing in an
amount not to exceed $49,760,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
1994, for military construction, land acquisition, and
military family housing functions of the Department of the
Army in the total amount of $2,139,036,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $703,100,000.
(2) For the military construction projects outside the
United States authorized by section 2101(b), $72,200,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$12,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $66,126,000.
(5) For military family housing functions:
(A) For construction and acquisition of military family
housing and facilities, $164,402,000.
(B) For support of military family housing (including the
functions described in section 2833 of title 10, United
States Code), $1,121,208,000, of which not more than
$243,442,000 may be obligated or expended for the leasing of
military family housing worldwide.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2101 of this Act may not exceed the
total amount authorized to be appropriated under paragraphs
(1) and (2) of subsection (a).
SEC. 2105. AUTHORIZATION OF MILITARY CONSTRUCTION PROJECT AT
FORT BRAGG, NORTH CAROLINA, FOR WHICH FUNDS
HAVE BEEN APPROPRIATED.
Using amounts previously appropriated for this purpose, the
Secretary of the Army may carry out a military construction
project for the construction of a library at Fort Bragg,
North Carolina, in the total amount of $5,500,000.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(1), and, in the case of the project described in
section 2204(b)(2), other amounts appropriated pursuant to
authorizations enacted after this Act for that project, the
Secretary of the Navy may acquire real property and carry out
military construction projects for the installations and
locations inside the United States, and in the amounts, set
forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
California.................. Camp Pendleton Amphibious $10,700,000
Task Force.
Camp Pendleton Marine Corp $7,470,000
Base.
China Lake Naval Air Warfare $6,000,000
Center.
El Centro Naval Air Facility $3,000,000
Lemoore Naval Air Station... $7,000,000
North Island Naval Air $18,830,000
Station.
Port Hueneme Construction $9,650,000
Battalion Center.
San Diego Marine Corps $1,090,000
Recruit Depot.
San Diego Naval Station..... $4,100,000
Twentynine Palms, Marine $2,900,000
Corps Air-Ground Combat
Center.
Florida..................... Blount Island............... $10,000,000
Jacksonville Fleet and $2,200,000
Industrial Supply Center.
Pensacola Naval Air Station. $2,100,000
Hawaii...................... Kaneohe Bay Marine Corps Air $171,000
Station.
Illinois.................... Great Lakes Navy Public $13,000,000
Works Center.
Indiana..................... Crane Naval Surface Warfare $8,415,000
Center.
Maryland.................... Indian Head Naval Surface $10,000,000
Warfare Center.
Patuxent River Naval Air $8,200,000
Warfare Center.
United States Naval Academy. $2,000,000
New Jersey.................. Lakehurst Naval Air Warfare $2,950,000
Center.
New Mexico.................. White Sands Naval Ordnance $1,390,000
Missile Test Station.
North Carolina.............. Camp Lejeune Marine Corp $14,850,000
Base.
Cherry Point Marine Corps $2,100,000
Air Station.
Pennsylvania................ Philadelphia Naval Shipyard. $11,500,000
Rhode Island................ Newport Naval Education and $14,500,000
Training Center.
Newport Naval War College... $28,000,000
South Carolina.............. Beauford Marine Corps Air $10,800,000
Station.
Parris Island Marine Corps $8,550,000
Recruit Depot.
Texas....................... Ingleside Naval Station..... $14,110,000
Kingsville Naval Air Station $1,530,000
Virginia.................... Chesapeake Naval Security $1,150,000
Group Activity.
Dam Neck Fleet Combat $7,000,000
Training Center.
Little Creek Amphibious Base $5,000,000
Norfolk Marine Corps $6,480,000
Security Force Battalion
Atlantic.
Norfolk Naval Base.......... $5,100,000
Norfolk Naval Station....... $17,430,000
Oceana Naval Air Station.... $4,700,000
Quantico Marine Corps Combat $19,900,000
Development Command.
Washington.................. Bremerton Puget Sound Naval $11,040,000
Shipyard.
Everett Naval Station....... $21,690,000
Whidbey Island Naval Air $5,200,000
Station.
Various Locations........... Aircraft Fire Rescue and $2,200,000
Vehicle Maintenance
Facilities.
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(2), the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Country Installation or location Amount
------------------------------------------------------------------------
Greece...................... Souda Bay, Crete Naval $3,050,000
Support Activity.
Guam........................ Public Works Center......... $21,600,000
Italy....................... Naples Naval Support $28,460,000
Activity.
Sigonella Naval Air Station. $13,750,000
Puerto Rico................. Sabana Seca Naval Security $1,650,000
Group Activity.
United Kingdom.............. Saint Mawgan Joint $3,900,000
Communication Center.
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2204(a)(5)(A), the Secretary of the Navy may
construct or acquire family housing units (including land
acquisition) at the installations, for the purposes, and in
the amounts set forth in the following table:
Navy: Family Housing
------------------------------------------------------------------------
State Installation Purpose Amount
------------------------------------------------------------------------
California........ Camp Pendleton 196 units......... $28,552,000
Marine Corps Base.
San Diego Navy 136 units......... $18,262,000
Public Works
Center.
Hawaii........... Pearl Harbor 100 units
Public Works (replacement).... $16,000,000
Center.
Maryland.......... Patuxent River
Naval Air Station Housing Office.... $863,000
Mississippi...... Gulfport 120 units........ $10,370,000
Construction
Battalion Center.
Texas............ Corpus Christi 100 units........ $11,800,000
Naval Air Station.
Virginia.......... Norfolk Navy Warehouse & Self
Public Works Help Center...... $555,000
Center.
Washington........ Everett Naval Housing Office.... $780,000
Station.
------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of military family housing units in an amount not
to exceed $24,681,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2204(a)(5)(A), the Secretary of
the Navy may improve existing military family housing units
in the amount of $155,602,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
1994, for military construction, land acquisition, and
military family housing functions of the Department of the
Navy in the total amount of $1,569,850,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $325,996,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $72,410,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $7,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $43,380,000.
(5) For military family housing functions:
(A) For construction and acquisition of military family
housing and facilities, $267,465,000.
(B) For support of military housing (including functions
described in section 2833 of title 10, United States Code),
$853,599,000, of
[[Page 1072]]
which not more than $114,336,000 may be obligated or expended
for the leasing of military family housing units worldwide.
(b) Limitation of Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2201 of this Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a); and
(2) $18,000,000 (the balance of the amount authorized under
section 2201(a) for the construction of a Strategic Maritime
Research Center at the Naval War College, Newport, Rhode
Island).
SEC. 2205. RESTORATION OF AUTHORITY TO CARRY OUT MILITARY
CONSTRUCTION PROJECT AT NAVAL SUPPLY CENTER,
PENSACOLA, FLORIDA.
(a) Reauthorization.--Notwithstanding section
2205(b)(1)(D)(ii) of the Military Construction Authorization
Act for Fiscal Year 1994 (division B of Public Law 103-160;
107 Stat. 1865), the Secretary of the Navy may carry out the
military construction project at the Naval Supply Center,
Pensacola, Florida, which involves construction of a cold
storage facility at the installation and was originally
authorized by section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 1992 (division B of Public
Law 102-190; 105 Stat. 1514).
(b) Conforming Amendment.--Section 2205(a) of the Military
Construction Authorization Act for Fiscal Year 1992 (division
B of Public Law 102-190; 105 Stat. 1518), as amended by
section 2205(b)(2) of the Military Construction Authorization
Act for Fiscal Year 1994 (division B of Public Law 103-160;
107 Stat. 1865), is further amended--
(A) in the matter preceding the paragraphs, by striking out
``$1,759,990,000'' and inserting in lieu thereof
``$1,765,690,000''; and
(B) in paragraph (1), by striking out ``$667,700,000'' and
inserting in lieu thereof ``$673,400,000''.
SEC. 2206. DESIGN ACTIVITIES FOR UPGRADE OF MAYPORT NAVAL
STATION, FLORIDA.
(a) Commencement of Design Activities.--At the conclusion
of the facilities study prepared by the Secretary of the Navy
to identify infrastructure improvements that would be
necessary to provide Mayport Naval Station, Florida, with the
capability to serve as a homeport for a nuclear powered
aircraft carrier and the programmatic environmental impact
study to identify environmental issues associated with such
improvements, the Secretary shall begin design work for such
military construction projects as may be necessary to provide
for such a capability.
(b) Rule of Construction.--Nothing in subsection (a) shall
be construed as an authorization to the Secretary to proceed
with the construction of facilities specifically designed to
make Mayport Naval Station capable of serving as a homeport
for a nuclear powered aircraft carrier.
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(1), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Air Force: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
Alabama..................... Maxwell Air Force Base...... $9,600,000
Maxwell Air Force Base Annex 3,700,000
Alaska...................... Cape Lisburne Long Range $2,800,000
Radar Site.
Arizona..................... Davis Monthan Air Force Base $1,400,000
California.................. Beale Air Force Base........ $11,850,000
Edwards Air Force Base...... $14,850,000
McClellan Air Force Base.... $10,150,000
Travis Air Force Base....... $12,600,000
Vandenberg Air Force Base... $6,550,000
Colorado.................... Peterson Air Force Base..... $1,750,000
Delaware.................... Dover Air Force Base........ $10,500,000
Florida..................... Cape Canaveral Air Force $10,450,000
Station.
Georgia..................... Moody Air Force Base........ $13,400,000
Robins Air Force Base....... $21,200,000
Idaho....................... Mountain Home Air Force Base $4,950,000
Illinois.................... Scott Air Force Base........ $2,700,000
Kansas...................... McConnell Air Force Base.... $500,000
Louisiana................... Barksdale Air Force Base.... $1,500,000
Maryland.................... Andrews Air Force Base...... $6,300,000
Mississippi................. Columbus Air Force Base..... $10,000,000
Keesler Air Force Base...... $11,240,000
Missouri.................... Whiteman Air Force Base..... $24,290,000
Montana..................... Malstrom Air Force Base..... $7,200,000
Nebraska.................... Offutt Air Force Base....... $2,260,000
New Jersey.................. McGuire Air Force Base...... $17,000,000
New Mexico.................. Holloman Air Force Base..... $10,950,000
Kirtland Air Force Base..... $3,200,000
North Carolina.............. Pope Air Force Base......... $4,750,000
North Dakota................ Grand Forks Air Force Base.. $5,200,000
Minot Air Force Base........ $10,350,000
Ohio........................ Wright-Patterson Air Force $8,250,000
Base.
Oklahoma.................... Altus Air Force Base........ $3,750,000
Tinker Air Force Base....... $20,443,000
Vance Air Force Base........ $11,680,000
South Carolina.............. Charleston Air Force Base... $11,400,000
South Dakota................ Ellsworth Air Force Base.... $5,950,000
Tennessee................... Arnold Air Force Base....... $1,900,000
Texas....................... Brooks Air Force Base....... $6,500,000
Dyess Air Force Base........ $5,400,000
Kelly Air Force Base........ $16,550,000
Lackland Air Force Base..... $5,200,000
Sheppard Air Force Base..... $3,300,000
Virginia.................... Langley Air Force Base...... $5,500,000
Washington.................. Fairchild Air Force Base.... $14,350,000
McChord Air Force Base...... $10,400,000
Wyoming..................... F.E. Warren Air Force Base.. $2,650,000
CONUS Classified............ Classified Location......... $2,141,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(2), the Secretary of the Air Force may acquire real
property and may carry out military construction projects for
the installations and locations outside the United States,
and in the amounts, set forth in the following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Country Installation or location Amount
------------------------------------------------------------------------
Germany..................... Ramstein Air Base........... $12,350,000
Spangdahlem Air Base........ $9,473,000
Greenland................... Thule Air Base.............. $2,450,000
Portugal.................... Lajes Field, Azores......... $2,850,000
United Kingdom.............. Lakenheath Royal Air Force $7,100,000
Base.
Overseas Classified......... Classified Location......... $4,050,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2304(a)(6)(A), the Secretary of the Air Force may
construct or acquire family housing units (including land
acquisition) at the installations, for the purposes, and in
the amounts set forth in the following table:
Air Force: Family Housing
------------------------------------------------------------------------
State Installation Purpose Amount
------------------------------------------------------------------------
Alabama........... Maxwell Air Force 25 units.......... $2,100,000
Base.
Arizona........... Davis-Monthan Air 110 units......... $10,029,000
Force Base.
California........ Beale Air Force 76 units.......... $8,842,000
Base.
Edwards Air Force 34 units.......... $4,629,000
Base.
Los Angeles Air 50 units.......... $5,000,000
Force Station.
Vandenberg Air 128 units......... $16,460,000
Force Base.
District of Bolling Air Force 100 units......... $9,000,000
Columbia. Base.
Florida........... Patrick Air Force 75 units.......... $7,145,000
Base.
Idaho............. Mountain Home Air 4 units........... $881,000
Force Base.
Mountain Home Air 60 units.......... $5,712,000
Force Base.
Kansas............ McConnell Air 70 units.......... $8,322,000
Force Base.
Louisiana......... Barksdale Air 82 units.......... $8,236,000
Force Base.
Missouri.......... Whiteman Air Force Housing Office.... $567,000
Base.
New Mexico........ Cannon Air Force 1 unit............ $230,000
Base.
Holloman Air Force 76 units.......... $7,733,000
Base.
Kirtland Air Force 106 units......... $10,058,000
Base.
North Carolina.... Pope Air Force 120 units......... $14,874,000
Base.
Seymour Johnson 74 units.......... $6,025,000
Air Force Base.
North Dakota...... Grand Forks Air Housing Office.... $709,000
Force Base.
South Carolina.... Shaw Air Force 3 units........... $631,000
Base.
Texas............. Dyess Air Force 59 units.......... $7,077,000
Base.
Utah.............. Hill Air Force 138 units......... $11,400,000
Base.
Virginia.......... Langley Air Force 148 units......... $14,421,000
Base.
Washington........ Fairchild Air 6 units........... $1,035,000
Force Base.
Wyoming........... F.E. Warren Air 106 units......... $11,321,000
Force Base.
------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(6)(A), the Secretary of the Air Force may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of military family housing units in an amount not
to exceed $9,275,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2304(a)(6)(A), the Secretary of
the Air Force may improve existing military family housing
units in an amount not to exceed $61,770,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
1994, for military construction, land acquisition, and
military family housing functions of the Department of the
Air Force in the total amount of $1,548,040,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $388,554,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $38,273,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $7,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $49,386,000.
(5) For the construction of the climatic test chamber at
Eglin Air Force Base, Florida, authorized by section 2301(a)
of the Military Construction Authorization Act for Fiscal
Year 1993 (division B of Public Law 102-484; 106 Stat. 2594),
$20,000,000.
(6) For military family housing functions:
(A) For construction and acquisition of military family
housing and facilities, $243,482,000.
(B) For support of military housing (including functions
described in section 2833 of title 10, United States Code),
$801,345,000, of which not more than $112,757,000 may be
obligated or expended for leasing of military family housing
units worldwide.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2301 of this Act may not exceed the
total amount authorized to be appropriated under paragraphs
(1) and (2) of subsection (a).
SEC. 2305. REVISION OF FAMILY HOUSING PROJECT AT TYNDALL AIR
FORCE BASE, FLORIDA.
The table in section 2302(a) of the Military Construction
Authorization Act for Fiscal
[[Page 1073]]
Year 1994 (division B of Public Law 103-160; 107 Stat. 1869)
is amended in the item relating to Tyndall Air Force Base,
Florida, by striking out ``Infrastructure'' and inserting in
lieu thereof ``45 units''.
SEC. 2306. AUTHORIZATION OF MILITARY CONSTRUCTION PROJECTS AT
TYNDALL AIR FORCE BASE, FLORIDA, FOR WHICH
FUNDS HAVE BEEN APPROPRIATED.
(a) Authorization.--The table in section 2301(a) of the
Military Construction Authorization Act for Fiscal Year 1994
(Public Law 103-160; 107 Stat. 1867) is amended in the item
relating to Tyndall Air Force Base, Florida, by striking out
``$2,600,000'' and inserting in lieu thereof ``$8,200,000''.
(b) Conforming Amendment.--Section 2304(a) of such Act (107
Stat. 1870) is amended--
(1) in the matter preceding the paragraphs, by striking out
``$2,040,031,000'' and inserting in lieu thereof
``$2,045,631,000''; and
(2) in paragraph (1), by striking out ``$877,539,000'' and
inserting in lieu thereof ``$883,139,000''.
SEC. 2307. MODIFICATION OF AIR FORCE PLANT NO. 3.
Of the amount authorized to be appropriated under section
301(4) for the Air Force (and made available for real
property maintenance), $10,000,000 shall be available to the
Secretary of the Air Force to proceed with the modification
of Air Force Plant No. 3, Tulsa, Oklahoma.
SEC. 2308. REPEAL OF LIMITATION ON ORDER OF RETIREMENT OF
MINUTEMAN II MISSILES.
Section 2307 of the Military Construction Authorization Act
for Fiscal Year 1991 (division B of Public Law 101-510; 104
Stat. 1775) is repealed.
TITLE XXIV--DEFENSE AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(1), the Secretary of
Defense may acquire real property and carry out military
construction projects for the installations and locations
inside the United States, and in the amounts, set forth in
the following table:
Defense Agencies: Inside the United States
------------------------------------------------------------------------
Agency Installation or location Amount
------------------------------------------------------------------------
Defense Intelligence Agency. Bolling Air Force Base, $600,000
Washington, D.C..
Defense Logistics Agency.... Defense Construction Supply $2,200,000
Center, Columbus, Ohio.
Defense Contract Management $5,100,000
Area Office, El Segundo,
California.
Defense Fuel Support Point, $3,652,000
Craney Island, Virginia.
Headquarters, Defense $4,600,000
Logistics Agency, Ft.
Belvoir, Virginia.
Defense Medical Facility Fort Dix, New Jersey........ $2,000,000
Office.
Fort McPherson, Georgia..... $11,400,000
McClellan Air Force Base, $10,280,000
California.
National Security Agency.... Fort Meade, Maryland........ $5,458,000
Office Secretary of Defense. CONUS Classified, Classified $5,300,000
Location.
Section 6 Schools........... Naval Surface Warfare $1,300,000
Center, Virginia.
Special Operations Force.... Eglin Auxiliary Field No. 9, $12,300,000
Florida.
Kirtland Air Force Base, New $9,600,000
Mexico.
Naval Base Coronado, San $3,400,000
Diego, California.
------------------------------------------------------------------------
SEC. 2402. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(11)(A), the Secretary of
Defense may construct or acquire family housing units
(including land acquisition) at the location, for the
purpose, and in the amount set forth in the following table:
Air Force: Family Housing
------------------------------------------------------------------------
Country Agency Purpose Amount
------------------------------------------------------------------------
Belgium........... National Security 1 unit............ $300,000
Agency.
------------------------------------------------------------------------
SEC. 2403. IMPROVEMENT TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2835 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2405(a)(11)(A), the Secretary of
Defense may improve existing military family housing units in
an amount not to exceed $50,000.
SEC. 2404. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(8), the Secretary of
Defense may carry out energy conservation projects under
section 2865 of title 10, United States Code.
SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
1994, for military construction, land acquisition, and
military family housing functions of the Department of
Defense (other than the military departments), in the total
amount of $2,999,138,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $77,190,000.
(2) For military construction projects at Portsmouth Naval
Hospital, Virginia, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Years 1990
and 1991 (division B of Public Law 101-189; 103 Stat. 1640),
$120,000,000.
(3) For military construction projects at Elmendorf Air
Force Base, Alaska, hospital replacement, authorized by
section 2401(a) of the Military Construction Authorization
Act for Fiscal Year 1993 (division B of Public Law 102-484;
106 Stat. 2599), $66,000,000.
(4) For military construction projects at Fort Bragg, North
Carolina, hospital replacement, authorized by section 2401(a)
of the Military Construction Authorization Act for Fiscal
Year 1993 (division B of Public Law 102-484; 106 Stat. 2599),
$75,000,000.
(5) For unspecified minor construction projects under
section 2805 of title 10, United States Code, $22,348,000.
(6) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States
Code, $8,501,000.
(7) For architectural and engineering services and for
construction design under section 2807 of title 10, United
States Code, $45,960,000.
(8) For energy conservation projects authorized by section
2404, $50,000,000.
(9) For base closure and realignment activities as
authorized by title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law
100-526; 10 U.S.C. 2687 note), $87,600,000.
(10) For base closure and realignment activities as
authorized by the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), $2,417,148,000.
(11) For military family housing functions:
(A) For construction and acquisition of military family
housing and facilities, $350,000.
(B) For support of military housing (including functions
described in section 2833 of title 10, United States Code),
$29,031,000, of which not more than $24,051,000 may be
obligated or expended for the leasing of military family
housing units worldwide.
(b) Limitation of Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variations authorized by law, the total cost of all projects
carried out under section 2401 of this Act may not exceed the
total amount authorized to be appropriated under subsection
(a)(1) of this section.
SEC. 2406. COMMUNITY IMPACT ASSISTANCE WITH REGARD TO NAVAL
WEAPONS STATION, CHARLESTON, SOUTH CAROLINA.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(9), the Secretary of the
Navy shall transfer $3,000,000 to the South Carolina
Department of Highways and Public Transportation to be used
for improvements to North Rhett Avenue, which provides access
to the Naval Weapons Station, Charleston, South Carolina, to
help alleviate the adverse effects of the closure of the
Charleston Naval Station and Charleston Naval Shipyard, South
Carolina, on the surrounding communities.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Infrastructure Program, as
provided in section 2806 of title 10, United States Code, in
an amount not to exceed the sum of the amount authorized to
be appropriated for this purpose in section 2502 and the
amount collected from the North Atlantic Treaty Organization
as a result of construction previously financed by the United
States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 1994, for contributions
by the Secretary of Defense under section 2806 of title 10,
United States Code, for the share of the United States of the
cost of projects for the North Atlantic Treaty Organization
Infrastructure Program, as authorized by section 2501, in the
amount of $119,000,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal years
beginning after September 30, 1994, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 133 of title
10, United States Code (including the cost of acquisition of
land for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United States,
$145,067,000; and
(B) for the Army Reserve, $37,410,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $11,905,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$210,212,000; and
(B) for the Air Force Reserve, $55,516,000.
SEC. 2602. PROHIBITION ON USING FUNDS FOR UNAUTHORIZED GUARD
AND RESERVE PROJECTS.
Unless otherwise specifically authorized by a law enacted
after the date of the enactment of this Act, funds
appropriated pursuant to the authorization of appropriations
in section 2601 may only be used for the purpose of paying
for the costs of acquisition, architectural and engineering
services, and construction of facilities for the Guard and
Reserve Forces (and for contributions for such purposes)
under chapter 133 of title 10, United States Code, in the
case of projects for the Guard and Reserve Forces specified
in the joint explanatory statement of the committee of
conference to accompany the bill H.R. 4301 of the One Hundred
and Third Congress.
[[Page 1075]]
SEC. 2603. AUTHORIZATION OF PROJECTS FOR WHICH FUNDS HAVE
BEEN APPROPRIATED.
Section 2601 of the Military Construction Authorization Act
for Fiscal Year 1994 (division B of Public Law 103-160; 107
Stat. 1878) is amended--
(1) in paragraph (1), by striking out ``$283,483,000'' and
inserting in lieu thereof ``$289,398,000''; and
(2) in paragraph (2), by striking out ``$25,013,000'' and
inserting in lieu thereof ``$33,713,000''.
SEC. 2604. STATE NATIONAL GUARD HEADQUARTERS, FORT DIX, NEW
JERSEY.
Funds appropriated pursuant to the authorization of
appropriations in section 2601(1)(A) of the Military
Construction Authorization Act for Fiscal Year 1993 (division
B of Public Law 102-484; 106 Stat. 2602) for the renovation
of facilities at Fort Dix, New Jersey, for the purpose of
accommodating a consolidated New Jersey National Guard
headquarters may also be used for additions and alterations
to such facilities for the same purpose.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except
as provided in subsection (b), all authorizations contained
in titles XXI through XXVI for military construction
projects, land acquisition, family housing projects and
facilities, and contributions to the North Atlantic Treaty
Organization Infrastructure program (and authorizations of
appropriations therefor) shall expire on the later of--
(1) October 1, 1997; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 1998.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Infrastructure program (and authorizations of appropriations
therefor), for which appropriated funds have been obligated
before the later of--
(1) October 1, 1997; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 1998 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Infrastructure program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1992 PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 1992
(division B of Public Law 102-190, 105 Stat. 1535),
authorizations for the projects set forth in the tables in
subsection (b), as provided in section 2101, 2102, 2201,
2301, or 2601 of that Act, shall remain in effect until
October 1, 1995, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
1996, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are
as follows:
Army: Extension of 1992 Project Authorizations
------------------------------------------------------------------------
Installation or
State location Project Amount
------------------------------------------------------------------------
Colorado.......... Fort Carson....... Family Housing New $150,000
Construction (1
Unit).
Georgia........... Camp Merrill...... Family Housing New $4,550,000
Construction (36
Units).
Fort Benning...... General $2,150,000
Instruction
Facility.
Oregon............ Umatilla Depot Ammunition $3,600,000
Activity. Demilitarization
Support Facility.
Ammunition $7,500,000
Demilitarization
Utilities.
------------------------------------------------------------------------
Navy: Extension of 1992 Project Authorizations
------------------------------------------------------------------------
Installation or
State location Project Amount
------------------------------------------------------------------------
Mississippi....... Gulfport Naval Controlled $7,000,000
Construction Humidity
Battalion Center. Warehouse.
West Virginia..... Green Bank Naval Alternate
Observatory. Operations Center $5,400,000
Italy............. Sigonella Naval Operations Control $9,850,000
Air Station. Center.
Outside United Various locations. Satellite terminal $8,770,000
States.
------------------------------------------------------------------------
Air Force: Extension of 1992 Project Authorization
------------------------------------------------------------------------
Installation or
State location Project Amount
------------------------------------------------------------------------
Alaska............ Eareckson Air Hazardous $4,000,000
Force Station Materials Storage.
(formerly Shemya
Air Force Base).
------------------------------------------------------------------------
Army National Guard: Extension of 1992 Project Authorizations
------------------------------------------------------------------------
State Location Project Amount
------------------------------------------------------------------------
California........ Stockton.......... Additions & $1,613,000
Alterations CSMS.
District of Fort Belvoir...... Addition, Aviation $2,765,000
Columbia. AASF.
Maryland.......... Cheltenham........ Armory............ $3,300,000
Towson............ DLOG Warehouse.... $373,000
Mississippi....... West Point........ Maintenance Shop.. $1,270,000
Tupelo............ Maintenance Shop.. $992,000
Senatobia......... Maintenance Shop.. $723,000
Nevada............ Washoe County..... Maintenance Shop.. $1,050,000
North Carolina.... Camp Butner....... Range............. $986,000
Ohio.............. Toledo............ Armory............ $3,183,000
Rhode Island...... Camp Varnum....... Sewer and Water $578,000
System.
Camp Fogarty...... Armory............ $5,151,000
West Virginia..... Huntington........ Guard&Re-serve $2,983,000
Center.
------------------------------------------------------------------------
Army Reserve: Extension of 1992 Project Authorizations
------------------------------------------------------------------------
State Location Project Amount
------------------------------------------------------------------------
Massachusetts..... Taunton........... USAR Center....... $3,526,000
Ohio.............. Perrysburg........ Reserve Center $2,749,000
Addition.
Pennsylvania...... Johnstown......... Army&Ma-rine Corps $30,224,000
Aviation Facility.
Tennessee......... Jackson........... Joint Training $1,537,000
Facility.
West Virginia..... Huntington........ Guard&Re-serve $6,617,000
Center.
------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1991 PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 1991
(division B of Public Law 101-510, 104 Stat. 1782), the
authorizations for the projects set forth in the tables in
subsection (b), as provided in section 2201 or 2401 of that
Act and extended by section 2702(a) of the Military
Construction Authorization Act for Fiscal Year 1992 (division
B of Public Law 102-190; 105 Stat. 1535) and section 2702 of
the Military Construction Authorization Act for Fiscal Year
1994 (division B of Public Law 103-160; 107 Stat. 1880),
shall remain in effect until October 1, 1995, or the date of
the enactment of an Act authorizing funds for military
construction for fiscal year 1996, whichever is later.
(b) Table.--The tables referred to in subsection (a) is as
follows:
Navy: Extension of 1991 Project Authorization
------------------------------------------------------------------------
Installation or
State location Project Amount
------------------------------------------------------------------------
Connecticut....... New London Naval Thames River $5,300,000
Submarine Base. Dredging.
------------------------------------------------------------------------
Defense Agencies: Extension of 1991 Project Authorization
------------------------------------------------------------------------
State location Project Amount
------------------------------------------------------------------------
Maryland.......... Defense Logistics Covered Storage... $9,500,000
------------------------------------------------------------------------
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take
effect on the later of--
(1) October 1, 1994; and
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. STRENGTHENING MONETARY LIMITATION ON RENOVATION OF
FACILITIES.
(a) Application of Limitation to Repairs.--Section 2811 of
title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``repair projects and'' after ``carry
out'';
(B) by striking out ``that combine maintenance, repair, and
minor construction projects''; and
(C) by adding at the end the following new sentence: ``For
purposes of this section, a repair project combines
maintenance and repair for a facility and a renovation
project combines maintenance, repair, and minor construction
projects.''; and
(2) in subsection (b), by inserting ``repair project or''
after ``such a''.
(b) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 2811. Repair or renovation of facilities''.
(2) The item related to such section in the table of
sections at the beginning of subchapter I of chapter 169 of
title 10, United States Code, is amended to read as follows:
``2811. Repair or renovation of facilities.''.
[[Page 1075]]
SEC. 2802. NAVY HOUSING INVESTMENT AGREEMENTS.
(a) Investment Agreements Authorized.--Subchapter II of
chapter 169 of title 10, United States Code, is amended by
adding at the end the following new section:
``Sec. 2837. Investment agreements with private developers of
housing
``(a) Investment Agreements.--The Secretary of the Navy may
enter into investment agreements with private developers to
encourage the construction of housing and accessory
structures within commuting distance of a military
installation, under the jurisdiction of the Secretary, at
which there is a shortage of suitable housing to meet the
requirements of members of the naval service with or without
dependents.
``(b) Collateral Incentive Agreements.--The Secretary may
also enter into collateral incentive agreements with private
developers who enter into an investment agreement under
subsection (a) to ensure that, where appropriate--
``(1) members of the naval service will have priority for a
fair share of any housing within the scope of the investment
contract; or
``(2) rental rates or sale prices, as appropriate, for some
or all of the units will be affordable for such members.
``(c) Selection of Investment Opportunities.--Any
investment agreement under subsection (a) shall be made
through the use of publicly advertised, competitively bid or
competitively negotiated, contracting procedures, as provided
in chapter 137 of this title.
``(d) Account.--(1) There is hereby established on the
books of the Treasury an account to be known as the `Navy
Housing Investment Account', which shall be administered by
the Navy Housing Investment Board established under section
2838 of this title.
``(2) There shall be deposited into the Account--
``(A) such funds as may be authorized for and appropriated
to the Account; and
``(B) any proceeds received from the repayment of
investments or profits on investments under subsection (a).
``(3) In such amounts as is provided in advance in
appropriation Acts, the Account shall be available for
contracts, investments, and expenses necessary for the
implementation of this section and section 2838 of this
title.
``(e) Report.--Not later than 60 days after the end of each
fiscal year in which the Secretary carries out activities
under this section, the Secretary shall transmit a report to
Congress specifying the amount and nature of the deposits
into, and the expenditures from, the Account during such
fiscal year and of the amount and nature of all other
expenditures made pursuant to such section during such fiscal
year.
``(f) Transfer of Navy Lands Prohibited.--Nothing in this
section shall be construed to permit the Secretary, as part
of an agreement entered into under this section, to transfer
the right, title, or interest of the United States in any
real property under the jurisdiction of the Secretary.
``(g) Expiration of Authority.--The authority of the
Secretary to enter into an agreement under this section shall
expire on September 30, 1999.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``2837. Investment agreements with private developers of housing.''.
SEC. 2803. NAVY HOUSING INVESTMENT BOARD.
(a) Investment Board Authorized.--Subchapter II of chapter
169 of title 10, United States Code, is amended by inserting
after section 2837 (as added by section 2802) the following
new section:
``Sec. 2838. Navy Housing Investment Board
``(a) Establishment.--The Secretary of the Navy may
establish a board to be known as the `Navy Housing Investment
Board'.
``(b) Members.--(1) The Navy Housing Investment Board shall
be composed of seven members appointed for a two-year term by
the Secretary. Among such members, the Secretary may appoint
two persons from the private sector who have knowledge and
experience in the financing and the construction of housing.
``(2) The Secretary shall designate one of the members as
chairperson of the Board.
``(3) Members of the Board, other than those members
regularly employed by the Federal Government, may be paid
while attending meetings of the Board or otherwise serving at
the request of the Secretary, compensation at a rate equal to
the daily equivalent of the minimum annual rate of basic pay
payable for level IV of the Executive Schedule under section
5315 of title 5, United States Code, for each day (including
travel time) during which the member is engaged in the actual
performance of duties vested in the Board. Members shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with section 5702 and 5703 of
title 5, United States Code.
``(c) Duties.--The Navy Housing Investment Board shall--
``(1) advise the Secretary regarding which proposed
investment agreements under section 2837 of this title, if
any, are financially and otherwise sound investments for
meeting the objectives of such section; and
``(2) assist the Secretary in such other ways as the
Secretary determines to be necessary and appropriate.
``(d) Termination of Board.--The Navy Housing Investment
Board shall terminate on November 30, 1999.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 2837 (as added by section 2802)
the following new item:
``2838. Navy Housing Investment Board.''.
Subtitle B--Defense Base Closure and Realignment
SEC. 2811. PROHIBITION AGAINST CONSIDERATION IN BASE CLOSURE
PROCESS OF ADVANCE ECONOMIC PLANNING UNDERTAKEN
BY COMMUNITIES ADJACENT TO MILITARY
INSTALLATIONS.
Section 2903(c)(3) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) is amended by adding at the end
the following: ``However, in recommending military
installations for closure or realignment, the Secretary (and
the Commission in reviewing such recommendations) shall not--
``(A) in calculating the economic impact of the closure or
realignment of a military installation, consider advance
economic planning undertaken by a community as a precaution
against the possible closure or realignment of the military
installation; or
``(B) otherwise penalize communities that undertake such
advance economic planning.''.
SEC. 2812. REPAYMENT OF STATE AND LOCAL COSTS INCURRED IN
CONNECTION WITH ESTABLISHMENT OF CERTAIN
MILITARY INSTALLATIONS SELECTED FOR CLOSURE.
(a) Repayment Required on Account of Closure.--In such
aggregate amount as may be provided in advance in
appropriation Acts to carry out this section, the Secretary
of Defense shall repay a State, county, or municipal entity
(or an agency or political subdivision of any such entity)
for any funds described in subsection (b) that were expended
or obligated by such entity to assist the United States in
establishing a military installation described in subsection
(e). The amount repaid shall include interest, calculated at
a rate that is the greater of the interest rate of any bonds
issued and the interest rate of Federal Treasury notes.
(b) Description of Funds To Be Repaid.--The funds referred
to in subsection (a) that are required to be repaid shall
include funds raised and bonds issued for the purposes of
military construction, pier construction and improvement,
land purchase, and infrastructure and utility improvements in
direct support of the military installation to be closed.
(c) Base On-Time Cost Report.--Any payment required to be
made under subsection (a) with respect to a military
installation shall be used in the calculation of the Base On-
Time Cost Report used to determine the cost of closing the
installation. A possible sale of assets at the installation
may not be included in such calculation.
(d) Prohibition of Certain Required Payments.--An entity
described in subsection (a), or an agency or political
subdivision of such an entity, may not be required to pay for
the cost of any improvement at the military installation.
(e) Military Installations Covered.--This section shall
apply with respect to military installations--
(1) for which construction in connection with the
establishment of the installation began on or after January
1, 1985; and
(2) which were selected for closure on or after January 1,
1993.
SEC. 2813. LIMITATION ON SOURCES OF FUNDS AVAILABLE TO
IMPLEMENT BASE CLOSURES AND REALIGNMENTS.
Section 2905(a)(1)(A) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) is amended by striking out
``and may use'' and all that follows through ``maintenance;''
and inserting in lieu thereof ``and shall use for such
purposes funds in the Account;''.
SEC. 2814. PROHIBITION ON TRANSFER OF CERTAIN PROPERTY
LOCATED AT MILITARY INSTALLATIONS TO BE CLOSED
PENDING COMPLETION OF REDEVELOPMENT PLANS.
(a) Closures Under 1988 Act.--(1) Section 204(b)(3)(D) of
the Defense Authorization Amendments and Base Closure and
Realignment Act (title II of Public Law 100-526; 10 U.S.C.
2687 note) is amended by adding at the end the following new
sentence: ``Subject to subparagraphs (E) and (F), pending the
completion of the redevelopment plan for the installation and
approval of the redevelopment plan by the Secretary, the
Secretary shall ensure that all items of personal property
located at the installation are retained at the installation
unless the redevelopment authority identifies such items as
unnecessary to the reuse or redevelopment of the
installation.''.
(b) Closures Under 1990 Act.--Section 2905(b)(3)(D) of the
Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is
amended by adding at the end the following new sentence:
``Subject to subparagraphs (E) and (F), pending the
completion of the redevelopment plan for the installation and
approval of the redevelopment plan by the Secretary, the
Secretary shall ensure that all items of personal property
located at the installation are retained at the installation
unless the redevelopment authority identifies such items as
unnecessary to the reuse or redevelopment of the
installation.''.
SEC. 2815. REPORT OF EFFECT OF BASE CLOSURES ON FUTURE
MOBILIZATION OPTIONS
(a) Report Required.--The Secretary of Defense shall
prepare a report evaluating the
[[Page 1076]]
effect of base closures and realignments conducted since
January 1, 1987, on the ability of the Armed Forces to
remobilize to the end strength levels authorized for fiscal
year 1987 by sections 401, 403, 411, 412, and 421 of the
National Defense Authorization Act for Fiscal Year 1987
(Public Law 99-661; 100 Stat. 3859). The report shall
identify those military construction projects, if any, that
would be necessary to facilitate such remobilization and any
defense assets disposed of under a base closure or
realignment, such as air space, that would be difficult to
reacquire in the event of such remobilization.
(b) Time for Submission.--Not later than January 1, 1995,
the Secretary shall submit the report required by this
section to Congress. Not later than September 30, 1995, the
Secretary shall revise and resubmit the report to Congress to
reflect the consequences of the closure or realignment of
military installations selected for closure or realignment in
1995.
SEC. 2816. RESTORATION OF ANNUAL LEAVE FOR CIVILIAN EMPLOYEES
IN CONNECTION WITH CERTAIN BASE REALIGNMENTS.
(a) Restoration Required.--Section 6304(d)(3) of title 5,
United States Code, is amended--
(1) by striking ``closure of'' and inserting ``closure of,
and any realignment with respect to,'';
(2) by striking ``(3)'' and inserting ``(3)(A)''; and
(3) by adding at the end the following new subparagraph:
``(B) For the purpose of subparagraph (A), the term
`realignment' has the meaning given such term in section
2687(a)(2) of title 10.''.
(b) Application of Amendments.--The amendments made by
subsection (a) shall apply only with respect to the
restoration of annual leave of employees at military
installations undergoing realignment if such leave is lost by
operation of section 6304 of title 5, United States Code, on
or after the date of the enactment of this Act.
SEC. 2817. GOVERNMENT RENTAL OF FACILITIES LOCATED ON CLOSED
MILITARY INSTALLATIONS.
(a) Authorization To Rent Base Closure Properties.--To
promote the rapid conversion of military installations that
are closed pursuant to a base closure law, the Administrator
of the General Services may give priority consideration, when
leasing space in accordance with the Public Buildings Act of
1959 (40 U.S.C. 601 et seq.) and the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.),
to facilities of such an installation that have been acquired
by a non-Federal entity.
(b) Base Closure Law Defined.--For purposes of this
section, the term ``base closure law'' means the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) and title II of the
Defense Authorization Amendments and Base Closure and
Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).
Subtitle C--Changes to Existing Land Conveyance Authority
SEC. 2821. ADDITIONAL LESSEE OF PROPERTY AT NAVAL SUPPLY
CENTER, OAKLAND, CALIFORNIA.
Section 2834(b) the Military Construction Authorization Act
for Fiscal Year 1993 (division B of Public Law 102-484; 106
Stat. 2614) is amended--
(1) is paragraph (1)--
(A) by striking out ``City'' the second place it appears
and inserting in lieu thereof ``Cities''; and
(B) by inserting ``the City of Alameda, California,'' after
``California,'' the first place it appears; and
(2) in paragraphs (2) and (3), by striking out ``City''
each place it appears and inserting in lieu thereof
``Cities''.
SEC. 2822. MODIFICATIONS OF LAND CONVEYANCE, FORT A.P. HILL
MILITARY RESERVATION, VIRGINIA.
(a) Participating Political Subdivisions.--Subsection
(c)(3) of section 603 of the Persian Gulf Conflict
Supplemental Authorization and Personnel Benefits Act of 1991
(Public Law 102-25, 105 Stat. 107) is amended by striking out
subparagraph (B) and inserting in lieu thereof the following
new subparagraph:
``(B) Subparagraph (A) shall not be construed to prohibit
any political subdivision not named in such subparagraph--
``(i) from initially participating in the written agreement
referred to in paragraph (2); or
``(ii) from agreeing at a later date to participate in the
regional correctional facility to be constructed and operated
on the parcel of land conveyed pursuant to this section
either as a member of the government or by contract with such
governmental entity.''.
(b) Time for Construction and Operation.--Subsection
(d)(1)(A) of such section is amended--
(1) by striking out clause (i) and inserting in lieu
thereof the following new clause:
``(i) construction of a regional correctional facility
pursuant to the agreement referred to in subsection (c)(2)
commence not later than April 1, 1997;''; and
(2) in clause (ii), by striking out ``five years after such
date'' and inserting in lieu thereof ``April 1, 2002''.
SEC. 2823. PRESERVATION OF CALVERTON PINE BARRENS, NAVAL
WEAPONS INDUSTRIAL RESERVE PLANT, NEW YORK, AS
NATURE PRESERVE.
(a) Preservation as Nature Preserve Required.--Section 2854
of the Military Construction Authorization Act for Fiscal
Year 1993 (division B of Public Law 102-484, 106 Stat. 2626)
is amended--
(1) by redesignating subsections (a) and (b) as subsections
(c) and (d); and
(2) by inserting before subsection (c), as so redesignated,
the following new subsections:
``(a) Purpose.--It is the purpose of this section to ensure
that the Calverton Pine Barrens is maintained and preserved,
in perpetuity, as a nature preserve in its current
undeveloped state.
``(b) Prohibition on Inconsistent Development.--The
Secretary of the Navy shall not carry out or permit any
development, commercial or residential, at the Calverton Pine
Barrens that is inconsistent with the purpose specified in
subsection (a).''.
(b) Conforming Amendment.--Subsection (c) of such section,
as redesignated by subsection (a)(1), is amended--
(1) by striking out ``Prohibition.--'' and inserting in
lieu therefore ``Reversionary Interest.--''; and
(2) by striking out ``for commercial purposes'' and all
that follows through the period and inserting in lieu thereof
``in a manner inconsistent with the purpose specified in
subsection (a) (as determined by the head of the department
or agency making the conveyance).''.
SEC. 2824. RELEASE OF REVERSIONARY INTEREST RETAINED AS PART
OF CONVEYANCE OF ELECTRICITY DISTRIBUTION
SYSTEM, FORT DIX, NEW JERSEY.
Section 2846 of the Military Construction Authorization Act
for Fiscal Year 1994 (division B of Public Law 103-160; 107
Stat. 1904) is amended--
(1) by striking out subsection (f); and
(2) by redesignating subsections (g) and (h) as subsections
(f) and (g), respectively.
Subtitle D--Land Conveyances
SEC. 2831. LAND CONVEYANCE, AIR FORCE PLANT NO. 3, TULSA,
OKLAHOMA.
(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, without consideration, to the City of Tulsa,
Oklahoma (in this section referred to as the ``City''), all
right, title, and interest of the United States in and to a
parcel of real property, including any improvements thereon,
which consists of approximately 337 acres located in Tulsa,
Oklahoma, and is known as Air Force Plant No. 3. The
Secretary may also convey facilities, equipment and fixtures
(including special tooling and special test equipment)
located on the parcel to be conveyed if the Secretary
determines that manufacturing activities requiring the use of
such equipment are likely to continue or be reinstated on the
parcel after conveyance of the parcel.
(b) Lease Authority.--Until such time as the real property
described in subsection (a) is conveyed by deed, the
Secretary may lease the property, along with improvements
thereon, to the City in exchange for security services, fire
protection, and maintenance provided by the City for the
property.
(c) Condition of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the condition that
the City, directly or through an agreement with a public or
private entity, shall use the conveyed property (or offer the
conveyed property for use) for economic redevelopment to
replace all or a part of the economic activity being lost at
the parcel.
(d) Reversionary Interest.--During the five-year period
beginning on the date the Secretary makes the conveyance
authorized under subsection (a), if the Secretary determines
that the conveyed real property is not being used in
accordance with subsection (c), all right, title, and
interest in and to the property (including any facilities,
equipment, or fixtures conveyed) shall revert to the United
States, and the United States shall have the right of
immediate entry onto the property. Any determination of the
Secretary under this section shall be made on the record
after an opportunity for a hearing.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of such survey shall be borne by
the City.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) or a lease under
subsection (b) as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2832. LAND CONVEYANCE, AIR FORCE PLANT NO. 59, JOHNSON
CITY (WESTOVER), NEW YORK.
(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, without consideration, to the Broome County
Industrial Development Authority (in this section referred to
as the ``Authority''), all right, title, and interest of the
United States in and to a parcel of real property, including
any improvements thereon, containing Air Force Plant No. 59,
Johnson City (Westover), New York. The Secretary may also
convey facilities, equipment and fixtures (including special
tooling and special test equipment) located on the parcel to
be conveyed if the Secretary determines that manufacturing
activities requiring the use of such equipment are likely to
continue or be reinstituted on the parcel after conveyance of
the parcel.
(b) Lease Authority.--Until such time as the real property
described in subsection (a)
[[Page 1077]]
is conveyed by deed, the Secretary may lease the property,
along with improvements thereon, to the Authority in exchange
for security services, fire protection, and maintenance
provided by the Authority for the property.
(c) Condition of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the condition that
the Authority, directly or through an agreement with another
public or private entity, shall use the conveyed property (or
offer the conveyed property for use) for economic
redevelopment to replace all or a part of the economic
activity being lost at Air Force Plant No. 59.
(d) Reversionary Interest.--During the five-year period
beginning on the date the Secretary makes the conveyance
authorized under subsection (a), if the Secretary determines
that the conveyed real property is not being used in
accordance with subsection (c), all right, title, and
interest in and to the property (including any facilities,
equipment, or fixtures conveyed) shall revert to the United
States, and the United States shall have the right of
immediate entry onto the property. Any determination of the
Secretary under this section shall be made on the record
after an opportunity for a hearing.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of such survey shall be borne by
the Authority.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) or a lease under
subsection (b) as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2833. LAND CONVEYANCE, RADAR BOMB SCORING SITE,
DICKINSON, NORTH DAKOTA.
(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, without consideration, to the North Dakota Board
of Higher Education (in this section referred to as the
``Board'') all right, title, and interest of the United
States in and to a parcel of real property (including any
improvements thereon) consisting of approximately 4 acres
located in Dickinson, North Dakota, which has served as the
location of a support complex, recreational facilities, and
housing facilities for the Radar Bomb Scoring Site,
Dickinson, North Dakota.
(b) Condition of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the condition that
the Board--
(1) use the property, recreational facilities, and housing
facilities conveyed under such subsection for housing,
recreation, and other purposes that, as determined by the
Secretary, will promote and enhance educational opportunities
provided by Dickinson State University; or
(2) enter into an agreement with an appropriate public or
private entity to lease such property and facilities to that
entity for such uses.
(c) Reversionary Interest.--If the Secretary determines at
any time that the property conveyed under subsection (a) is
not being used in accordance with subsection (b), all right,
title, and interest in and to the conveyed property,
including any improvements thereon, shall revert to the
United States, and the United States shall have the right of
immediate entry onto the property.
(d) Description of Property.--The exact acreage and legal
description of the property conveyed under this section shall
be determined by a survey satisfactory to the Secretary. The
cost of such survey shall be borne by the Board.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under this section as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2834. LAND CONVEYANCE, ARMY RESERVE FACILITY, RIO VISTA,
CALIFORNIA.
(a) Conveyance Authorized.--The Secretary of the Army may
convey to the City of Rio Vista, California (in this section
referred to as the ``City''), all right, title, and interest
of the United States in and to a parcel of real property
(including improvements thereon) containing the Reserve
training facility located in Rio Vista, California.
(b) Condition of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the condition that
the City use the property for recreational purposes.
(c) Consideration.--In recognition of the public use to
which the conveyed property will be devoted, the Secretary
may require the City to pay to the United States an amount
equal to less than the fair market value of the property, as
determined by the Secretary, as consideration for the
conveyance under subsection (a).
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection
(a) shall be determined by a survey that is satisfactory to
the Secretary. The cost of such survey shall be borne by the
City.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2835. LAND CONVEYANCE, NAVAL WEAPONS INDUSTRIAL RESERVE
PLANT, CALVERTON, NEW YORK.
(a) Conveyance Authorized.--To facilitate the economic
redevelopment of appropriate portions of the Naval Weapons
Industrial Reserve Plant located in Calverton, New York, the
Secretary of the Navy may convey to an appropriate
redevelopment authority (designated by the Secretary) all
right, title, and interest of the United States in and to a
parcel of real property, including any improvements thereon,
consisting of approximately 2,900 acres comprising the
fenced-in portion of the Naval Weapons Industrial Reserve
Plant. The conveyance authorized under this subsection shall
be made without consideration.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. Cost of such survey shall be borne by the
State of New York or the redevelopment authority to whom the
property is conveyed.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance authorized by subsection (b) as the
Secretary considers appropriate to protect the interests of
the United States.
SEC. 2836. LEASE OF PROPERTY, NAVAL RADIO RECEIVING FACILITY,
IMPERIAL BEACH, CORONADO, CALIFORNIA.
(a) Lease Authorized.--The Secretary of the Navy may lease
to the Young Men's Christian Association of San Diego County,
a California nonprofit public benefit corporation (in this
section referred to as the ``YMCA''), such interests in a
parcel of real property (including any improvements thereon)
consisting of approximately 45 acres at the Naval Radio
Receiving Facility, Imperial Beach, Coronado, California, as
the Secretary considers appropriate for the YMCA to operate
and maintain a summer youth residence camp known as the YMCA
San Diego Unified Recreational Facility (Camp SURF). Pursuant
to the lease, the Secretary may authorize the YMCA to
construct facilities on the parcel.
(b) Lease Terms.--The lease authorized in subsection (a)
shall be for a period of 50 years, or such longer period as
the Secretary determines to be in the best interests of the
United States.
(c) Consideration.--As consideration for the lease of real
property under subsection (a), the YMCA shall--
(1) agree to maintain and enhance the natural resources of
the leased premises; and
(2) pay to the United States an amount in cash equal to the
difference between the rental price prescribed by the
Secretary under subsection (d) and the value of natural
resources maintenance and enhancements performed by the YMCA,
as determined by the Secretary.
(d) Determination of Rental Price.--Acknowledging the
benefits the YMCA has provided to the Armed Forces and the
specific benefits Camp Surf provides to the children of San
Diego, the Secretary may prescribe a rental price for the
real property leased under subsection (a) that is less than
fair market value.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the lease under subsection (a) as the Secretary
considers necessary to protect the operation of the Naval
Radio Receiving Facility, Imperial Beach, and to protect the
interests of the United States.
SEC. 2837. RELEASE OF REQUIREMENTS AND REVERSIONARY INTEREST
ON CERTAIN PROPERTY IN BALTIMORE, MARYLAND.
(a) Release Required.--The Secretary of Defense may release
the requirements and the reversionary interest of the United
States that are described in section 2 of the Act entitled
``An Act granting a site for a dry-dock in the city of
Baltimore upon certain conditions.'', approved June 19, 1878
(Chapter 310; 20 Stat. 167).
(b) Additional Terms and Conditions.--The Secretary may
require such additional terms or conditions in connection
with the release required under this section as the Secretary
considers appropriate to protect the interests of the United
States.
(c) Instrument of Release.--The Secretary may execute and
file in the appropriate office a deed of release, amended
deed, or other appropriate instrument effectuating the
release of the reversionary interest under this section.
SEC. 2838. RELEASE OF REVERSIONARY INTEREST ON CERTAIN
PROPERTY IN YORK COUNTY, JAMES CITY COUNTY, AND
NEWPORT NEWS, VIRGINIA.
(a) Release Authorized.--The Secretary of the Navy may
release the reversionary interest of the United States in the
real property conveyed by the deed described in subsection
(b).
(b) Deed Description.--The deed referred to in subsection
(a) is a deed between the United States and the Commonwealth
of Virginia dated August 17, 1966, which conveyed to the
Commonwealth of Virginia certain parcels of land located in
York County, James City County, and the city of Newport News,
Virginia.
(c) Additional Terms.--The Secretary may require such
additional terms or conditions in connection with the release
under this section as the Secretary considers appropriate to
protect the interests of the United States and to ensure that
the real property will continue to be used for a public
purpose.
(d) Instrument of Release.--The Secretary may execute and
file in the appro-
[[Page 1078]]
priate office a deed of release, amended deed, or other
appropriate instrument effectuating the release of the
reversionary interest under this section.
SEC. 2839. TRANSFER OF JURISDICTION, AIR FORCE HOUSING AT
RADAR SITE, HOLBROOK, ARIZONA.
(a) Transfer Authorized.--As part of the closure of an Air
Force radar site located near Holbrook, Arizona, the
Secretary of the Air Force may transfer administrative
jurisdiction of housing units used in connection with the
site to the Secretary of the Interior for use as employee
housing for the Petrified Forest National Park.
(b) Description of Property.--The exact acreage and legal
description of the real property to be transferred under
subsection (a) shall be determined by a survey satisfactory
to the Secretary of the Air Force and the Secretary of the
Interior.
(c) Additional Terms and Conditions.--The Secretary of the
Air Force may require such additional terms and conditions in
connection with the transfer under subsection (a) as the
Secretary considers appropriate.
SEC. 2840. LAND CONVEYANCE, FORT DIX, NEW JERSEY.
(a) Conveyance Authorized.--The Secretary of the Army shall
convey, without consideration, to the City of Edison, New
Jersey (in this section referred to as the ``City''), all
right, title, and interest of the United States in and to a
parcel of real property (including improvements thereon)
included on the real property inventory of Fort Dix, New
Jersey, which consists of approximately 10 acres and contains
recreational fields and an unused garage identified as
building 1072 on the real property inventory.
(b) Condition of Conveyance.--The conveyance required by
subsection (a) shall be subject to the condition that the
City--
(1) maintain and use the recreational fields conveyed under
such subsection for recreational purposes; and
(2) permit the women's softball team known as the Edison
Angels (and any successor to such team) to continue to use
such recreational fields on the same terms and conditions as
contained in the agreement between the team and the
Secretary, in existence on the date of the enactment of this
Act.
(c) Reversionary Interest.--All right, title, and interest
of the City in and to the property conveyed under subsection
(a) (including improvements thereon) shall revert to the
United States, and the United States shall have the right of
immediate reentry on the property, if the Secretary
determines that the City is not complying with the conditions
specified in subsection (b).
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Secretary. The cost of such survey shall be borne by the
City.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2841. LAND CONVEYANCE, NAVAL SHIPYARD, VALLEJO,
CALIFORNIA.
(a) Conveyance Authorized.--The Secretary of the Navy may
convey, without consideration, to the City of Vallejo,
California (in this section referred to as the ``City''), all
right, title, and interest of the United States in and to a
parcel of real property (including improvements thereon)
described in subsection (b), which is located on Mare Island
in Vallejo, California, and is currently under the control of
Mare Island Naval Shipyard Command.
(b) Description of Property.--The parcel of real property
to be conveyed under subsection (a) shall consist of all
existing active dredge ponds and nontidal areas on Mare
Island under the jurisdiction of the Navy, except that the
parcel shall not include the nontidal areas identified in
figure 3 of the Memorandum of Understanding between the
United States Fish and Wildlife Service and Mare Island Naval
Shipyard, dated July 28, 1988. The exact acreage and legal
description of the real property to be conveyed shall be
determined by a survey satisfactory to the Secretary. The
cost of such survey shall be borne by the City.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
Subtitle E--Other Matters
SEC. 2851. AUTHORITY FOR OXNARD HARBOR DISTRICT, PORT
HUENEME, CALIFORNIA, TO USE CERTAIN NAVY
PROPERTY.
(a) Joint Use Agreement Authorized.--The Secretary of the
Navy may enter into an agreement with the Oxnard Harbor
District, Port Hueneme, California, a special district of the
State of California (in this section referred to as the
``District''), under which the District may use United States
Navy Wharf Number 3 and associated real property comprising
up to 25 acres located at the Naval Construction Battalion
Center, Port Hueneme, California (in this section referred to
as the ``Center'').
(b) Term of Agreement.--The agreement authorized under
subsection (a) may be for an initial period of not more than
15 years. Under the agreement, the Secretary shall provide
the District with an option to extend the agreement for three
additional periods of five years each.
(c) Conditions on Use.--The agreement authorized under
subsection (a) shall require the District--
(1) to suspend operations under the agreement in the event
Navy contingency operations are conducted at the Center; and
(2) to use the property covered by the agreement in a
manner consistent with Navy operations conducted at the
Center.
(d) Consideration.--(1) As consideration for the use of the
property covered by the agreement under subsection (a), the
District shall pay to the Navy an amount equal to the fair
market rental value of the property, as determined by the
Secretary taking into consideration the District's use of the
property.
(2) The Secretary may include a provision in the agreement
requiring the District--
(A) to pay the Navy an amount (as determined by the
Secretary) to cover the costs of replacing at the Center any
facilities vacated by the Navy on account of the agreement or
to construct suitable replacement facilities for the Navy;
and
(B) to pay the Navy an amount (as determined by the
Secretary) for the costs of relocating Navy operations from
the vacated facilities to the replacement facilities.
(e) Congressional Notification.--The Secretary may not
enter into the agreement authorized by subsection (a) until
the end of the 21-day period beginning on the date on which
the Secretary submits to Congress a report containing an
explanation of the terms of the proposed agreement and a
description of the consideration that the Secretary expects
to receive under the agreement.
(f) Use of Payment.--(1) In such amounts as is provided in
advance in appropriation Acts, the Secretary may use amounts
paid under subsection (d)(1) to pay for general supervision,
administration, and overhead expenses and for improvement,
maintenance, repair, construction, or restoration to the port
operations area (or to roads and railways serving the area)
at the Center.
(2) In such amounts as is provided in advance in
appropriation Acts, the Secretary may use amounts paid under
subsection (d)(2) to pay for constructing new facilities, or
making modifications to existing facilities, that are
necessary to replace facilities vacated by the navy on
account of the agreement under subsection (a) and for
relocating operations of the Navy from the vacated facilities
to replacement facilities.
(g) Construction by District.--The Secretary may authorize
the District to demolish existing facilities located on the
property covered by the agreement under subsection (a) and,
consistent with the restriction specified in subsection
(c)(2), construct new facilities on the property for joint
use by the District and the Navy.
(h) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the agreement authorized under subsection (a) as the
Secretary considers appropriate to protect the interests of
the United States.
SEC. 2852. ENVIRONMENTAL EDUCATION AND TRAINING PROGRAM FOR
DEFENSE PERSONNEL.
(a) Establishment.--The Secretary of Defense shall
establish and conduct an education and training program for
members of the Armed Forces and civilian employees of the
Department of Defense whose responsibilities include planning
or executing the environmental mission of the Department. The
Secretary shall conduct the program to ensure that such
members and employees obtain and maintain the knowledge and
skill required to comply with existing environmental laws and
regulations.
(b) Identifying Environmental Training Centers.--As part of
the program, the Secretary shall identify military facilities
that have existing expertise (or the capacity to develop such
expertise) in conducting education and training activities in
various environmental disciplines. The Secretary may
designate such facilities as national environmental training
centers and shall encourage the use of such a center by
members and employees referred to in subsection (a) who are
not under the jurisdiction of the military department
operating the center.
SEC. 2853. REPEAL OF RESTRICTION ON LAND TRANSACTIONS
RELATING TO PRESIDIO OF SAN FRANCISCO,
CALIFORNIA.
Section 2856 of the Military Construction Authorization Act
for Fiscal Year 1994 (division B of Public Law 103-160; 107
Stat. 1908) is repealed.
SEC. 2854. REPORT ON USE OF MILITARY INSTALLATIONS IN
OKINAWA.
(a) Report Required.--Not later than October 15, 1994, the
Secretary of Defense shall submit a report to Congress
regarding the United States military presence in Okinawa.
(b) Content of Report.--The report required by this section
shall contain the following:
(1) A description and evaluation of United States security
needs in Okinawa.
(2) An infrastructure inventory and utilization rate of
defense facilities in Okinawa.
(3) An evaluation of the economic and environmental impact
that these facilities have on the citizens of Okinawa.
(4) A description of any action that the Secretary of
Defense can undertake to affirmatively respond to requests
from the Okinawan Prefectural Government for the exchange or
return of lands held by the Secretary.
(5) An evaluation of the extent to which the assistance of
the Government of Japan is
[[Page 1079]]
required in order to close United States military
installations in Okinawa or exchange or return of lands held
by the Secretary in Okinawa.
SEC. 2855. MODIFICATION OF HEIGHT RESTRICTION IN AVIGATION
EASEMENT.
(a) Modification.--Section 6 of the Act of July 2, 1948 (62
Stat. 1229), as added by section 2862 of the Military
Construction Authorization Act for Fiscal Year 1991 (division
B of Public Law 101-510; 104 Stat. 1805), is amended by
adding at the end the following new sentence: ``In addition,
such height restriction shall not apply to the structure
proposed to be constructed on a parcel of real property that
is within the area conveyed under this Act and is identified
as 1110 Santa Rosa Boulevard, Fort Walton Beach, Florida, so
long as the proposed structure upon completion does not
exceed a height of 155 feet above mean low-water level.''.
(b) Instrument of Release.--The Secretary of the Air Force
shall execute and file in the appropriate office any
instrument necessary to effect the modification of the
avigation easement referred to in the amendment made by
subsection (a).
SEC. 2856. CONTINUED OPERATION OF MILITARY MEDICAL TREATMENT
FACILITY AT K. I. SAWYER AIR FORCE BASE,
MICHIGAN.
(a) Sense of Congress.--In light of the large number of
retired military personnel and their dependents who currently
receive health care services at the military medical
treatment facility located at K. I. Sawyer Air Force Base,
Michigan, which was selected to be closed pursuant to the
Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), it is
the sense of Congress that the Secretary of Defense and the
Secretary of the Air Force should pursue all practicable
options (including transfer of the facility to the
jurisdiction of the Department of Veterans Affairs) necessary
to keep the facility in operation to serve the health care
needs of retired military personnel and their dependents.
(b) Retired Military Personnel Defined.--For purposes of
this section, the term ``retired military personnel'' means
members and former members of the uniformed services who--
(1) are entitled to retired or retainer pay, or equivalent
pay; and
(2) are eligible to receive medical and dental care in
facilities of the uniformed services under section 1074(b) of
title 10, United States Code.
SEC. 2857. TECHNICAL AMENDMENT TO CORRECT REFERENCE IN LAND
TRANSACTION.
Section 2842(c) of the Military Construction Authorization
Act for Fiscal Year 1994 (division B of Public Law 103-160;
107 Stat. 1898) is amended by striking out ``Washington Gas
Company'' and inserting in lieu thereof ``American Water
Company''.
SEC. 2858. ADDITIONAL EXCEPTION TO PROHIBITION ON STORAGE AND
DISPOSAL OF NONDEFENSE TOXIC AND HAZARDOUS
MATERIALS AT MILITARY INSTALLATIONS.
Section 2692(b) of title 10, United States Code, is
amended--
(1) by striking out ``and'' at the end of paragraph (7);
(2) by striking out the period at the end of paragraph (8)
and inserting in lieu thereof ``; and''; and
(3) by adding at the end the following new paragraph:
``(9) The treatment and disposal of any material that is
not owned by the Department of Defense if the Secretary of
the military department concerned determines that the
material is required or generated by a private person in
connection with the authorized and compatible use by that
person of an industrial-type facility of that military
department and the Secretary enters into a contract with that
person that is consistent with the best interest of national
defense and economic and environmental security and is based
on mutually agreeable terms.''.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
SEC. 3101. WEAPONS ACTIVITIES.
(a) Research and Development.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal
year 1995 for research and development in carrying out
weapons activities necessary for national security programs
in the amount of $1,339,937,000, to be allocated as follows:
(1) For core research and development, $795,251,000, to be
allocated as follows:
(A) For operating expenses, $653,341,000.
(B) For capital equipment, $69,420,000.
(C) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$72,490,000, to be allocated as follows:
Project GPD-101, general plant projects, various locations,
$8,500,000.
Project 95-D-102, CMR upgrades, Los Alamos National
Laboratory, New Mexico, $3,300,000.
Project 94-D-102, nuclear weapons research, development,
and testing facilities revitalization, Phase V, various
locations, $13,000,000.
Project 92-D-102, nuclear weapons research, development,
and testing facilities revitalization, Phase IV, various
locations, $21,810,000.
Project 90-D-102, nuclear weapons research, development,
and testing facilities revitalization, Phase III, various
locations, $4,900,000.
Project 88-D-106, nuclear weapons research, development,
and testing facilities revitalization, Phase II, various
locations, $20,980,000.
(2) For stockpile stewardship for operating expenses,
$152,419,000.
(3) For inertial fusion, $176,473,000, to be allocated as
follows:
(A) For operating expenses, $166,755,000.
(B) For capital equipment, $9,718,000.
(4) For technology transfer, $215,794,000, to be allocated
as follows:
(A) For operating expenses, $209,794,000.
(B) For capital equipment, $6,000,000.
(b) Testing.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1995
for testing in carrying out weapons activities necessary for
national security programs in the amount of $192,300,000, to
be allocated as follows:
(1) For testing capabilities and readiness $186,000,000, to
be allocated as follows:
(A) For operating expenses, $150,000,000.
(B) For capital equipment, $15,000,000.
(C) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$21,000,000, to be allocated as follows:
Project GPD-101, general plant projects, various locations,
$4,000,000.
Project 93-D-102, Nevada support facility, North Las Vegas,
Nevada, $17,000,000.
(2) For Marshall Islands dose reconstruction, $6,300,000,
to be allocated as follows:
(A) For operating expenses, $5,830,000.
(B) For capital equipment, $470,000.
(c) Stockpile Support.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1995
for stockpile support in carrying out weapons activities
necessary for national security programs in the amount of
$1,605,556,000 to be allocated as follows:
(1) For operating expenses for stockpile support,
$1,393,085,000.
(2) For operating expenses for reconfiguration,
$94,271,000.
(3) For capital equipment, $12,880,000.
(4) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$105,320,000, to be allocated as follows:
Project 88-D-122, facilities capability assurance program,
various locations, $14,820,000.
Project GPD-121, general plant projects, various locations,
$1,000,000.
Project 95-D-122, sanitary sewer upgrade Y-12 Plant, Oak
Ridge, Tennessee, $2,200,000.
Project 94-D-124, hydrogen fluoride supply system, Oak
Ridge Y-12 Plant, Oak Ridge, Tennessee, $6,300,000.
Project 94-D-125, upgrade life safety, Kansas City Plant,
Kansas City, Missouri, $1,000,000.
Project 94-D-127, emergency notification system, Pantex
Plant, Amarillo, Texas, $1,000,000.
Project 94-D-128, environmental safety and health
analytical laboratory, Pantex Plant, Amarillo, Texas,
$1,000,000.
Project 93-D-122, life safety upgrades, Y-12 Plant, Oak
Ridge, Tennessee, $5,000,000.
Project 88-D-123, security enhancements, Pantex Plant,
Amarillo, Texas, $15,000,000.
Project 93-D-123, complex-21, various locations,
$58,000,000.
(d) Program Direction.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1995
for program direction in carrying out weapons activities
necessary for national security programs in the amount of
$154,852,000, to be allocated as follows:
(1) For weapons program direction, operating expenses,
$152,498,000.
(2) For capital equipment, $2,354,000.
(e) Adjustments.--The total amount authorized to be
appropriated pursuant to this section is the sum of the
amounts authorized to be appropriated in subsections (a)
through (d) reduced by $89,276,000, for use of prior year
balances.
SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.
(a) Corrective Activities.--Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year
1995 for corrective activities in carrying out environmental
restoration and waste management activities necessary for
national security programs for plant projects (including
maintenance, restoration, planning, construction,
acquisition, modification of facilities, and the continuation
of projects authorized in prior years, and land acquisition
related thereto) for Project 92-D-403, tank upgrades project,
Lawrence Livermore National Laboratory, California, $512,000.
(b) Environmental Restoration.--(1) Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 1995 for environmental restoration for operating
expenses in carrying out environmental restoration and waste
management activities necessary for national security
programs in the amount of $1,527,469,000.
(2) The amount authorized to be appropriated pursuant to
this subsection is the amount authorized to be appropriated
in
[[Page 1080]]
paragraph (1) reduced by $133,900,000, as a result of the
productivity savings initiative.
(c) Waste Management.--(1) Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year
1995 for waste management in carrying out environmental
restoration and waste management activities necessary for
national security programs in the amount of $2,852,682,000,
to be allocated as follows:
(A) For operating expenses, $2,384,066,000.
(B) For capital equipment, $104,790,000.
(C) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$363,826,000, to be allocated as follows:
Project GPD-171, general plant projects, various locations,
$23,542,000.
Project 95-D-401, radiological support facilities,
Richland, Washington, $1,585,000.
Project 95-D-402, install permanent electrical service,
WIPP, $700,000.
Project 95-D-403, hazardous waste storage facility, AL,
$597,000.
Project 95-D-405, industrial landfill V and construction
demolition landfill VII, Y12 Plant, Oakridge, Tennessee,
$1,000,000.
Project 95-D-406, road 5-01 reconstruction, area 5, Nevada,
$2,338,000.
Project 95-D-407, 219-S secondary containment upgrade,
Richland, Washington, $2,000,000.
Project 95-D-408, Phase II liquid effluent treatment and
disposal, RL, $7,100,000.
Project 94-D-400, high explosive wastewater treatment
system, Los Alamos National Laboratory, Los Alamos, New
Mexico, $1,000,000.
Project 94-D-402, liquid waste treatment system, Nevada
Test Site, Nevada, $3,292,000.
Project 94-D-404, Melton Valley storage tank capacity
increase, Oak Ridge National Laboratory, Oak Ridge,
Tennessee, $21,373,000.
Project 94-D-406, low-level waste disposal facilities, K-
25, Oak Ridge, Tennessee, $6,000,000.
Project 94-D-407, initial tank retrieval systems, Richland,
Washington, $17,700,000.
Project 94-D-408, office facilities--200 East, Richland,
Washington, $4,000,000.
Project 94-D-411, solid waste operation complex, Richland,
Washington, $42,200,000.
Project 94-D-416, solvent storage tanks installation,
Savannah River, South Carolina, $1,700,000.
Project 94-D-417, intermediate-level and low-activity waste
vaults, Savannah River, South Carolina, $300,000.
Project 93-D-174, plant drain waste water treatment
upgrades, Y-12 Plant, Oak Ridge, Tennessee, $1,400,000.
Project 93-D-178, building 374 liquid waste treatment
facility, Rocky Flats, Golden, Colorado, $3,300,000.
Project 93-D-181, radioactive liquid waste line
replacement, Richland, Washington, $3,300,000.
Project 93-D-182, replacement of cross-site transfer
system, Richland, Washington, $14,810,000.
Project 93-D-183, multi-tank waste storage facility,
Richland, Washington, $88,605,000.
Project 93-D-187, high-level waste removal from filled
waste tanks, Savannah River, Aiken, South Carolina,
$26,525,000.
Project 92-D-177, tank 101-AZ waste retrieval system,
Richland, Washington, $5,000,000.
Project 92-D-188, waste management ES&H, and compliance
activities, various locations, $2,846,000.
Project 91-D-171, waste receiving and processing facility,
module 1, Richland, Washington, $3,995,000.
Project 90-D-172, aging waste transfer line, Richland,
Washington, $3,819,000.
Project 90-D-177, RWMC transuranic (TRU) waste
characterization and storage facility, Idaho National
Engineering Laboratory, Idaho, $1,747,000.
Project 90-D-178, TSA retrieval enclosure, ID, $7,594,000.
Project 89-D-173, tank farm ventilation upgrade, Richland,
Washington, $300,000.
Project 89-D-174, replacement high-level waste evaporator,
Savannah River, South Carolina, $18,000,000.
Project 86-D-103, decontamination and waste treatment
facility, Lawrence Livermore National Laboratory, California,
$5,900,000.
Project 83-D-148, nonradioactive hazardous waste
management, Savannah River, South Carolina, $6,000,000.
Project 81-T-105, defense waste processing facility,
Savannah River, South Carolina, $45,058,000.
(2) The total amount authorized to be appropriated pursuant
to this subsection is the sum of the amounts authorized to be
appropriated in paragraph (1) reduced by $160,800,000, as a
result of the productivity savings initiative.
(d) Technology Development.--Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year
1995 for technology development in carrying out environmental
restoration and waste management activities necessary for
national security programs in the amount of $426,409,000, to
be allocated as follows:
(1) For operating expenses, $386,974,000.
(2) For capital equipment, $25,435,000.
(3) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto), for
Project 95-E-600, Hazardous materials training center,
Richland, Washington, $14,000,000.
(e) Transportation Management.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal
year 1995 for transportation management in carrying out
environmental restoration and waste management activities
necessary for national security programs in the amount of
$20,684,000, to be allocated as follows:
(1) For operating expenses, $20,240,000.
(2) For capital equipment, $444,000.
(f) Program Direction.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1995
for program direction in carrying out environmental
restoration and waste management activities necessary for
national security programs in the amount of $84,948,000, to
be allocated as follows:
(1) For operating expenses, $83,748,000.
(2) For capital equipment, $1,200,000.
(g) Facility Transition and Management.--(1) Funds are
hereby authorized to be appropriated to the Department of
Energy for fiscal year 1995 for facility transition and
management in carrying out environmental restoration and
waste management activities necessary for national security
programs in the amount of $795,857,000, to be allocated as
follows:
(A) For operating expenses, $685,550,000.
(B) For capital equipment, $23,947,000.
(C) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$86,360,000, to be allocated as follows:
Project GPD-171, general plant projects, various locations,
$20,495,000.
Project 95-D-453, primary highway route north of the Wye
Barricade, Richland, Washington, $2,500,000.
Project 95-D-454, 324 facility compliance/renovation,
Richland, Washington, $1,500,000.
Project 95-D-455, Idaho National Engineering Laboratory
radio communications upgrade, Idaho National Engineering
Laboratory, Idaho, $1,440,000.
Project 95-D-456, Security facilities upgrade, Idaho
chemical processing plant, Idaho National Engineering
Laboratory, Idaho, $986,000.
Project 94-D-122, underground storage tanks, Rocky Flats,
Colorado, $2,500,000.
Project 94-D-401, emergency response facility, Idaho
National Engineering Laboratory, Idaho, $5,219,000.
Project 94-D-412, 300 area process sewer piping system
upgrade, Richland, Washington, $7,800,000.
Project 94-D-415, Idaho National Engineering Laboratory
medical facilities, Idaho National Engineering Laboratory,
Idaho, $4,920,000.
Project 94-D-451, infrastructure replacement, Rocky Flats
Plant, Golden, Colorado, $10,600,000.
Project 93-D-172, electrical upgrade, Idaho National
Engineering Laboratory, Idaho, $7,800,000.
Project 93-D-184, 325 facility compliance/renovation,
Richland, Washington, $1,000,000.
Project 93-D-186, 200 area unsecured core area fabrication
shop, Richland, Washington, $4,000,000.
Project 92-D-125, Master safeguards and security agreement/
materials surveillance task force security upgrades, Rocky
Flats Plant, Golden, Colorado, $2,100,000.
Project 92-D-181, INEL fire and life safety improvements,
Idaho National Engineering Laboratory, Idaho, $6,000,000.
Project 92-D-182, INEL sewer system upgrade, Idaho National
Engineering Laboratory, Idaho, $1,900,000.
Project 92-D-186, steam system rehabilitation, phase II,
Richland, Washington, $5,600,000.
(2) The total amount authorized to be appropriated pursuant
to this subsection is the sum of the amounts authorized to be
appropriated in paragraph (1) reduced by $5,000,000, as a
result of the productivity savings initiative.
(h) Prior Year Balances.--The total amount authorized to be
appropriated pursuant to this section is the sum of the
amounts authorized to be appropriated in subsections (a)
through (g) reduced by $240,300,000, for use of prior year
balances.
SEC. 3103. NUCLEAR MATERIALS SUPPORT AND OTHER DEFENSE
PROGRAMS.
(a) Materials Support.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1995
for materials support in carrying out nuclear materials
support necessary for national security programs in the
amount of $910,255,000, to be allocated as follows:
(1) For reactor operations, $163,634,000.
(2) For processsing of nuclear materials, $410,468,000.
(3) For supporting services, $167,776,000.
(4) For capital equipment, $52,427,000.
(5) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$59,950,000, to be allocated as follows:
Project 95-D-154, Health physics site support facility,
Savannah River, South Carolina, $2,000,000.
Project 93-D-147, domestic water system upgrade, Phases I
and II, Savannah River, South Carolina, $11,300,000.
[[Page 1081]]
Project 93-D-148, replace high-level drain lines, Savannah
River, South Carolina, $2,700,000.
Project 93-D-152, environmental modification for production
facilities, Savannah River, South Carolina, $2,900,000.
Project 92-D-143, health protection instrument calibration
facility, Savannah River, South Carolina, $3,000,000.
Project 90-D-149, plantwide fire protection, Phases I and
II, Savannah River, South Carolina, $5,000,000.
Project GPD-146, general plant projects, various locations,
$21,000,000.
Project 95-D-155, upgrade site road infrastructure,
Savannah River, South Carolina, $750,000.
Project 95-D-156, radio trunking system, Savannah River,
South Carolina, $2,100,000.
Project 95-D-157, D-area powerhouse life extension,
Savannah River, South Carolina, $4,000,000.
Project 92-D-150, operations support facilities, Savannah
River, South Carolina, $2,000,000.
Project 92-D-153, engineering support facility, Savannah
River, South Carolina, $3,200,000.
(6) For program direction, $56,000,000.
(b) Other Defense Programs.--Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year
1995 for other defense programs in carrying out nuclear
materials support and other defense programs necessary for
national security programs in the amount of $691,204,000, to
be allocated as follows:
(1) For verification and control technology, $352,102,000,
to be allocated as follows:
(A) For operating expenses, $336,229,000.
(B) For capital equipment, $15,873,000.
(2) For nuclear safeguards and security, $85,816,000, to be
allocated as follows:
(A) For operating expenses, $82,421,000.
(B) For capital equipment, $3,395,000.
(3) For security investigations, $38,827,000.
(4) For security evaluations, $14,780,000.
(5) For the Office of Nuclear Safety, $24,679,000, to be
allocated as follows:
(A) For operating expenses, $24,629,000.
(B) For capital equipment, $50,000.
(6) For worker and community transition, $125,000,000.
(7) For fissile material control and disposition,
$50,000,000.
(c) Naval Reactors.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1995
for naval reactors in carrying out nuclear materials support
and other defense programs necessary for national security
programs in the amount of $730,651,000, to be allocated as
follows:
(1) For naval reactors development, $698,651,000, to be
allocated as follows:
(A) For operating expenses:
(i) For plant development, $146,700,000.
(ii) For reactor development, $348,951,000.
(iii) For reactor operation and evaluation, $136,000,000.
(iv) For program direction, $18,800,000.
(B) For capital equipment, $28,200,000.
(C) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$20,000,000, to be allocated as follows:
Project GPN-101, general plant projects, various locations,
$6,200,000.
Project 95-D-200, laboratory systems and hot cell upgrades,
various locations, $2,400,000.
Project 95-D-201, Advanced test reactor radioactive waste
system upgrades, Idaho National Engineering Laboratory,
Idaho, $700,000.
Project 93-D-200, Engineering services facilities, Knolls
Atomic Power Laboratory, Niskayuna, New York, $7,900,000.
Project 92-D-200, laboratories facilities upgrades, various
locations, $2,800,000.
(2) For enrichment materials for operating expenses,
$32,000,000.
(d) Adjustments.--The total amount that may be appropriated
pursuant to this section is the sum of the amounts authorized
to be appropriated in subsections (a), (b), and (c) reduced
by--
(1) $40,000,000, for recovery of overpayment to the
Savannah River Pension Fund; and
(2) $343,406,000, for use of prior year balances for
materials support and other defense programs.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1995 for payment to the
Nuclear Waste Fund established in section 302(c) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the
amount of $129,430,000.
Subtitle B--Recurring General Provisions
SEC. 3121. REPROGRAMMING.
(a) In General.--Until the Secretary of Energy submits to
the congressional defense committees the report referred to
in subsection (b) and 30 days has elapsed after the date on
which such committees receive the report, the Secretary may
not use amounts appropriated pursuant to this title for any
program--
(1) in amounts that exceed, in a fiscal year--
(A) 102 percent of the amount authorized for that program
by this title; or
(B) $1,000,000 more than the amount authorized for that
program by this title; or
(2) which has not been presented to, or requested of, the
Congress.
(b) Report; Computation of Deadline for Submission.--(1)
The report referred to in subsection (a) is a report
containing a full and complete statement of the action
proposed to be taken and the facts and circumstances relied
upon in support of such proposed action.
(2) In the computation of the 30-day period under
subsection (a), there shall be excluded any day on which
either House of Congress is not in session because of an
adjournment of more than 3 days to a day certain.
(c) Limitations.--(1) In no event may the total amount of
funds obligated pursuant to this title exceed the total
amount authorized to be appropriated by this title.
(2) Funds appropriated pursuant to this title may not be
used for an item for which the Congress has specifically
denied funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) In General.--The Secretary of Energy may carry out any
construction project under the general plant projects
provisions authorized by this title if the total estimated
cost of the construction project does not exceed $2,000,000.
(b) Report to Congress.--If, at any time during the
construction of any general plant project authorized by this
title, the estimated cost of the project is revised because
of unforeseen cost variations and the revised cost of the
project exceeds $2,000,000, the Secretary shall immediately
furnish a complete report to the congressional defense
committees explaining the reasons for the cost variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) In General.--(1) Except as provided in paragraph (2),
construction on a construction project may not be started or
additional obligations incurred in connection with the
project above the total estimated cost, whenever the current
estimated cost of the construction project, which is
authorized by section 3101, 3102, or 3103, or which is in
support of national security programs of the Department of
Energy and was authorized by any previous Act, exceeds by
more than 25 percent the higher of--
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the project
as shown in the most recent budget justification data
submitted to the Congress.
(2) An Action described in paragraph (1) may be taken if--
(A) the Secretary of Energy has submitted to the
congressional defense committees a report on the action and
the circumstances making such action necessary; and
(B) a period of 30 days has elapsed after the date on which
the report is received by the committees.
(3) In the computation of the 30-day period under paragraph
(2), there shall be excluded any day on which either House of
Congress is not in session because of an adjournment of more
than 3 calendar days to a day certain.
(b) Exception.--Subsection (a) shall not apply to any
construction project which has a current estimated cost of
less than $5,000,000.
SEC. 3124. TRANSFER AUTHORITY.
(a) Transfer to Other Federal Agencies.--The Secretary of
Energy may transfer funds authorized to be appropriated to
the Department of Energy pursuant to this title to other
Federal agencies for the performance of work for which the
funds were authorized. Funds so transferred may be merged
with and be available for the same purposes and for the same
time period as the authorizations of the Federal agency to
which the amounts are transferred.
(b) Transfer Within Department of Energy; Limitations.--(1)
Except as provided in paragraph (2), the Secretary of Energy
may transfer funds authorized to be appropriated to the
Department of Energy pursuant to this title between any such
authorizations. Amounts of authorizations so transferred may
be merged with and be available for the same purposes and for
the same time period as the authorization to which the
amounts are transferred.
(2) Not more than five percent of any such authorization
may be transferred between authorizations under paragraph
(1). No such authorization may be increased or decreased by
more than five percent by a transfer under such paragraph.
(3) The authority provided by this section to transfer
authorizations--
(A) may only be used to provide funds for items that have a
higher priority than the items from which the funds are
transferred; and
(B) may not be used to provide authority for an item that
has been denied funds by the Congress.
(c) Notice to Congress.--The Secretary of Energy shall
promptly notify the Congress of transfers made under the
authority of this section.
SEC. 3125. AUTHORITY FOR CONSTRUCTION DESIGN.
(a) In General.--(1) Within the amounts authorized by this
title for plant engineering and design, the Secretary of
Energy may carry out advance planning and construction design
(including architectural and engineering services) in
connection with any proposed construction project if the
total estimated cost for such planning and design does not
exceed $2,000,000.
(2) In the case of any project in which the total estimated
cost for advance planning and design exceeds $300,000, the
Secretary shall notify the congressional defense committees
in writing of the details of such project at least 30 days
before any funds are obligated for design services for such
project.
[[Page 1082]]
(b) Specific Authority Required.--In any case in which the
total estimated cost for advance planning and construction
design in connection with any construction project exceeds
$2,000,000, funds for such planning and design must be
specifically authorized by law.
SEC. 3126. REQUIREMENT OF CONCEPTUAL DESIGN FOR REQUEST OF
CONSTRUCTION FUNDS.
(a) Requirement of Conceptual Design.--The Secretary of
Energy may not make a request to the Congress for funds for a
construction project which is in support of national security
programs of the Department of Energy until the Secretary
submits to the congressional defense committees a conceptual
design for that project.
(b) Exception.--The requirement of subsection (a) does not
apply to emergency planning, design, and construction
activities under section 3127.
SEC. 3127. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND
CONSTRUCTION ACTIVITIES.
(a) Authority.--The Secretary of Energy may use any funds
available to the Department of Energy, including those funds
authorized to be appropriated for advance planning and
construction design under sections 3101, 3102, and 3103, to
perform planning, design, and construction activities for any
Department of Energy defense activity construction project
that, as determined by the Secretary, must proceed
expeditiously in order to protect public health and safety,
meet the needs of national defense, or protect property.
(b) Limitation.--The Secretary may not exercise the
authority under subsection (a) in the case of any
construction project until the Secretary has submitted to the
congressional defense committees a report on the activities
that the Secretary intends to carry out under this section
and the circumstances making such activities necessary.
(c) Specific Authority.--The requirement of section 3125(b)
does not apply to emergency planning, design, and
construction activities conducted under this section.
(d) Report.--The Secretary of Energy shall promptly report
to the congressional defense committees any exercise of
authority under this section.
SEC. 3128. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS
OF THE DEPARTMENT OF ENERGY.
Subject to the provisions of appropriation Acts and section
3121, amounts appropriated pursuant to this title for
management and support activities and for general plant
projects are available for use, when necessary, in connection
with all national security programs of the Department of
Energy.
SEC. 3129. AVAILABILITY OF FUNDS.
When so specified in an appropriation Act, amounts
appropriated for operating expenses, plant projects, and
capital equipment may remain available until expended.
Subtitle C--Program Authorizations, Restrictions, and Limitations
SEC. 3131. STOCKPILE STEWARDSHIP RECRUITMENT AND TRAINING
PROGRAM.
(a) Conduct of Program.--(1) As part of the stockpile
stewardship program established in section 3138 of the
National Defense Authorization Act for Fiscal Year 1994 (42
U.S.C. 2121 note), the Secretary of Energy shall conduct a
stockpile stewardship recruitment and training program at the
Sandia National Laboratories, the Lawrence Livermore National
Laboratory, and the Los Alamos National Laboratory.
(2) The recruitment and training program shall be conducted
in coordination with the Chairman of the Nuclear Weapons
Council established in section 179 of title 10, United States
Code, and the directors of the laboratories referred to in
paragraph (1).
(b) Support of Dual-Use Programs.--(1) As part of the
recruitment and training program, the directors of the
laboratories referred to in subsection (a)(1) may hire
undergraduate students, graduate students, and postdoctoral
fellows and sponsor research conducted by such individuals
for military or nonmilitary dual-use programs related to
nuclear weapons stockpile stewardship.
(2) Of amounts appropriated to the Secretary of Energy
pursuant to section 3101(a)(1) for weapons activities for
core research and development and allocated by the Secretary
for education initiatives, $5,000,000 shall be made available
for carrying out paragraph (1). The amount made available
under this paragraph shall be allocated equally among the
laboratories referred to in subsection (a)(1).
(c) Establishment of Retiree Corps.--As part of the
training and recruitment program, the Secretary, in
coordination with the directors of the laboratories referred
to in subsection (a)(1), shall establish a retiree corps for
the laboratories under which the directors shall hire on a
part-time basis retired scientists who have expertise in the
research and development of nuclear weapons to provide
appropriate assistance on nuclear weapons issues, to
contribute relevant information to be archived, and to help
to provide training to other scientists.
(d) Report.--(1) Not later than February 1, 1995, the
Secretary of Energy shall submit to the congressional defense
committees a report on the personnel demographic trends at
the laboratories referred to in subsection (a)(1) and on
actions taken by the Department of Energy to remedy
identified shortfalls in various skill areas.
(2) The report shall be prepared in coordination with the
Chairman of the Nuclear Weapons Council and the directors of
the laboratories. Information included in the report shall be
aggregated and compiled into statistical categories.
(3) The report shall include the following:
(A) An inventory of the weapons-related tasks that the
laboratories need to perform to support their nuclear weapons
responsibilities.
(B) An inventory of the skills necessary to complete the
weapons-related tasks referred to in subparagraph (A).
(C) For each laboratory, a specification of the number of
scientists needed in each skill area to perform such tasks.
(D) A statement of the number of scientists in each skill
area at each laboratory, by age.
(E) An assessment of which skill areas are understaffed.
(F) A statement of the number of scientists entering the
weapons program at each laboratory, and their skill areas.
(G) A statement of the number of full-time equivalent
personnel with weapon skills, their distribution by skill
and, for each such skill, their distribution by age.
(H) A statement of the number of scientists retiring from
the weapons program and the skill areas in which they worked
in the year preceding their retirement.
(I) Based on the information contained in subparagraphs (A)
through (H), a projection of what areas will become
understaffed in the five years following the date of the
submission of the report.
(J) A statement of alternatives for retaining and
recruiting scientists for the weapons programs at the
laboratories in order to preserve a sufficient skill base and
to fulfill stockpile stewardship responsibilities.
(K) The recommendations of the Secretary for implementing
any of the alternatives referred to in subparagraph (J).
SEC. 3132. DEFENSE INERTIAL CONFINEMENT FUSION PROGRAM.
Of the funds authorized to be appropriated by this title to
the Department of Energy for fiscal year 1995, $176,473,000
shall be available for the defense inertial confinement
fusion program, of which--
(1) not less than $20,765,000 shall be available for
program activities at the University of Rochester, Rochester,
New York; and
(2) not less than $8,750,000 shall be available for program
activities at the Naval Research Laboratory, Washington,
District of Columbia.
SEC. 3133. PAYMENT OF PENALTIES.
The Secretary of Energy may pay to the Hazardous Substances
Response Trust, from funds appropriated to the Department of
Energy for environmental restoration and waste management
activities pursuant to section 3102, stipulated civil
penalties assessed under the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (42 U.S.C.
9601 et seq.) in amounts as follows:
(1) $50,000, assessed against the Fernald Environmental
Management Project, Ohio, under such Act.
(2) $50,000, assessed against the Portsmouth Gaseous
Diffusion Plant, Ohio, under such Act.
SEC. 3134. WATER MANAGEMENT PROGRAMS.
From funds authorized to be appropriated pursuant to
section 3102 to the Department of Energy for environmental
restoration and waste management activities, the Secretary of
Energy may reimburse the cities of Westminster, Broomfield,
Thornton, and Northglenn, in the State of Colorado,
$11,415,000 for the cost of implementing water management
programs. Reimbursements for the water management programs
shall not be considered a major Federal action for purposes
of section 102(2) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)).
SEC. 3135. WORKER PROTECTION AT NUCLEAR WEAPONS FACILITIES.
Of the funds authorized to be appropriated by this title to
the Department of Energy for fiscal year 1995 for waste
management activities for environmental restoration and waste
management activities necessary for national security
programs, $11,000,000 shall be available to carry out
activities authorized under section 3131 of the National
Defense Authorization Act for Fiscal Years 1992 and 1993
(Public Law 102-190; 42 U.S.C. 7274d), relating to worker
protection at nuclear weapons facilities.
SEC. 3136. WORKER HEALTH AND PROTECTION.
Of amounts appropriated to the Department of Energy for
fiscal year 1995 pursuant to section 3101 for weapons
activities for operating expenses, $2,500,000 shall be
available for activities relating to the Hanford health
information network established pursuant to the authority set
forth in section 3138 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat.
1834).
SEC. 3137. LIMITATION ON USE OF PROGRAM DIRECTION FUNDS.
The Secretary of Energy may not obligate more than 50
percent of the funds appropriated pursuant to this title for
fiscal year 1995 for operating expenses for program direction
in carrying out environmental restoration and waste
management activities necessary for national security
programs until the Secretary submits to the Congress the
reports required to be submitted under subsections (a) and
(d) of section 3153 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1950) in
the year during which that fiscal year ends.
[[Page 1083]]
SEC. 3138. LIMITATION ON USE OF FUNDS FOR NEW CONSTRUCTION
PROJECTS.
The Secretary of Energy may not obligate or expend funds
appropriated for a new construction project until the
Secretary has approved a conceptual design for that project.
In this section, the term ``new construction project'' means
a construction project necessary for national security
programs of the Department of Energy for which funds were
initially requested for fiscal year 1995.
SEC. 3139. LIMITATION ON USE OF FUNDS FOR SPECIAL ACCESS
PROGRAMS.
None of the funds appropriated or otherwise made available
to the Department of Energy for fiscal year 1995 pursuant to
this title may be obligated for a limited access program or
special access program until the Secretary of Energy submits
to the congressional defense committees the report required
under section 93 of the Atomic Energy Act of 1954 (42 U.S.C.
2122a).
SEC. 3140. PROHIBITION ON PREFINANCING.
The Secretary of Energy may not set aside funds
appropriated to the Secretary for national security programs
for any fiscal year for the purpose of retaining personnel of
the Department of Energy in the event that there is a lapse
of funds appropriated for such purpose for the following
fiscal year.
SEC. 3141. INTERNATIONAL CENTER FOR APPLIED RESEARCH.
(a) Establishment.--(1) The Secretary of Energy shall
establish an International Center for Applied Research to
promote the following activities:
(A) The application in the United States of hydrogen
technology research derived from tritium production.
(B) The development of beneficial uses of nuclear
materials.
(C) The research and development of innovative methods for
the treatment and disposal of nuclear materials.
(D) The development of specifications for the
decommissioning of nuclear materials.
(E) The research and development of any technologies that
the Secretary considers appropriate and that are likely to be
commercialized.
(2) The Center shall be established at a Department of
Energy nuclear weapon production facility at which the
Secretary has successfully demonstrated environmental
technologies as part of the Integrated Demonstration for
Volatile Organic Compounds Program conducted by the
Secretary.
(3) The Center shall be operated by a nonprofit entity
established by State statute to accomplish economic
development through applied science and technology that, as
determined by the Secretary--
(A) has demonstrated successful management of diverse teams
of organizations who have technical experience in industrial
research and development of high technology programs; and
(B) has available facilities adjacent to the Department of
Energy nuclear weapon production facility to carry out the
activities of the Center.
(b) Availability of Funds.--Of amounts authorized to be
appropriated in section 3101(c), $12,000,000 shall be
available to establish the Center referred to in subsection
(a).
SEC. 3142. LIMITATION ON STUDY OR RELOCATION OF TRITIUM-
RELATED ACTIVITIES AND OPERATIONS.
None of the funds appropriated or otherwise made available
to the Department of Energy for fiscal year 1995 pursuant to
this title may be used to study or relocate tritium-related
activities and operations from the Mound Plant, Ohio, to a
facility other than a weapons production facility having
demonstrated tritium production and handling experience as
recommended by the Department's independent consultants that
reviewed the ``Nonnuclear Reconfiguration Cost Effectiveness
Report'' of January 1993.
Subtitle D--Other Matters
SEC. 3151. ACCOUNTING PROCEDURES FOR DEPARTMENT OF ENERGY
FUNDS.
The Secretary of Energy shall establish procedures to
account for the use of funds, in each fiscal year beginning
with fiscal year 1995, for the performance of the programs
and activities of the Department of Energy for which funds
are appropriated for national security programs of the
Department of Energy. The procedures shall account for funds
appropriated for such programs and activities which are not
used for the purpose for which such funds were appropriated.
The procedures shall provide for an accounting of all
encumbered funds, unencumbered funds, unobligated funds,
costed funds, and uncosted obligations of the Department of
Energy in each such fiscal year.
SEC. 3152. APPROVAL FOR CERTAIN NUCLEAR WEAPONS ACTIVITIES.
(a) Approval by Nuclear Weapons Council.--Subsection (d) of
section 179 of title 10, United States Code, is amended--
(1) by redesignating paragraphs (8) and (9) as paragraphs
(9) and (10); and
(2) by inserting after paragraph (7) the following new
paragraph (8):
``(8) Coordinating and approving activities conducted by
the Department of Energy for the study, development,
production, and retirement of nuclear warheads, including
concept definition studies, feasibility studies, engineering
development, hardware component fabrication, warhead
production, and warhead retirement.''.
(b) Report.--Such section is further amended by adding at
the end the following new subsection:
``(e) Annual Report.--(1) Each fiscal year, before the
preparation of the annual budget request of the Department of
Energy, the Chairman of the Council shall submit to the
Secretary of Energy a report on the following:
``(A) The effectiveness and efficiency of the Council, and
of the deliberative and decisionmaking processes used by the
Council, in carrying out the responsibilities described in
subsection (d).
``(B) A description of all activities conducted by the
Department of Energy during that fiscal year, or planned to
be conducted by the Department of Energy during the next
fiscal year, for the study, development, production, and
retirement of nuclear warheads and that have been approved by
the Council, including a description of--
``(i) the concept definition activities and feasibility
studies conducted or planned to be conducted by the
Department of Energy;
``(ii) the schedule for completion of each such activity or
study; and
``(iii) the degree to which each such activity or study is
consistent with United States policy for new nuclear warhead
development or warhead modifications and with established or
projected military requirements.
``(2) Each fiscal year, at the same time as the submission
of the President's budget, the Secretary of Energy shall
submit the report referred to in paragraph (1), in classified
form, to the Committees on Armed Services and Appropriations
of the Senate and House of Representatives.''.
(c) Technical Amendment.--Subsections (a)(3) and (b) of
such section are amended by striking out ``appointed'' each
place it appears and inserting in lieu thereof
``designated''.
SEC. 3153. STUDY OF FEASIBILITY OF CONDUCTING CERTAIN
ACTIVITIES AT THE NEVADA TEST SITE, NEVADA.
Not later than March 1, 1995, the Secretary of Energy shall
submit to the Congress a report on the feasibility of
conducting the following activities at the Nevada Test Site,
Nevada:
(1) The demilitarization of large rocket motor and
conventional ordnance.
(2) Disarmament and demilitarization, generally.
(3) The conduct of experiments that assist in monitoring
compliance with international agreements on the
nonproliferation of nuclear weapons.
(4) The provision of support to the Department of Energy
nuclear weapons complex.
(5) The conduct of programs for the Department of Energy
and the Department of Defense to develop simulator
technologies for nuclear weapons design and effects,
including advanced hydrodynamic simulators, inertial
confinement fusion test facilities, and nuclear weapons
effects simulators (such as the Decade and Jupiter
simulators).
(6) The conduct of the stockpile stewardship program
established pursuant to section 3138 of the National Defense
Authorization Act for Fiscal Year 1994 (107 Stat. 1946;
Public Law 103-160).
(7) Experiments related to the non-proliferation of nuclear
weapons, including experiments with respect to disablement,
nuclear forensics, sensors, and verification and monitoring.
SEC. 3154. REPORT ON WASTE STREAMS GENERATED BY NUCLEAR
WEAPONS PRODUCTION CYCLE.
(a) Report.--Not later than March 31, 1995, the Secretary
of Energy shall submit to the Congress a report that contains
a description of all waste streams generated during each step
of the complete cycle of production and disposition of
nuclear weapon components by the Department of Energy. The
description for each such step shall be based on a unit of
analysis that is appropriate for that step. The report shall
include an estimate of the volume of waste generated per unit
of analysis and an analysis of the toxicity of each waste
stream.
(b) Definitions.--In this section:
(1) The term ``waste stream'' means waste materials the
storage, treatment, or disposition of which is regulated
under Federal law, except that such term does not include
usable source materials and usable special nuclear materials.
(2) The terms ``source material'' and ``special nuclear
material'' have the meaning given such terms in section 11(z)
and (aa), respectively, of the Atomic Energy Act of 1954 (42
U.S.C. 2014(z), (aa)).
SEC. 3155. RELEASE OF CERTAIN RESTRICTED DATA.
Subsection (f) of section 142 of the Atomic Energy Act of
1954 (42 U.S.C. 2162(f)) is amended by adding at the end the
following: ``This subsection does not preclude the President
from releasing to a degree and in a manner which is more
limited than a public release of such data any Restricted
Data which is exchanged with a member state of the
Commonwealth of Independent States pursuant to a bilateral
exchange of such data.''.
SEC. 3156. DESIGNATION OF MARILYN LLOYD SCHOLARSHIP AND
FELLOWSHIP PROGRAM.
(a) Designation.--Section 3132(a) of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (42 U.S.C.
7274e) is amended by adding at the end the following: ``The
scholarship and fellowship program shall be known as the
`Marilyn Lloyd Scholarship and Fellowship Program'.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on January 3, 1995.
[[Page 1084]]
SEC. 3157. REPORT ON ECONOMIC REDEVELOPMENT AND CONVERSION
ACTIVITIES RESULTING FROM RECONFIGURATION OF
DEPARTMENT OF ENERGY NUCLEAR WEAPONS COMPLEX.
(a) In General.--Not later than March 1, 1995, the
Secretary of Energy shall submit to the Congress information
on economic redevelopment and conversion activities that, in
the determination of the Secretary, may result from the
reconfiguration of the Department of Energy nuclear weapons
complex. The Secretary may submit the information in a report
or submit the programmatic environmental impact statement
referred to in section 3145(c) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
107 Stat. 1949) and include the information in that
statement.
(b) Contents.--The information referred to in subsection
(a) shall include the following:
(1) An analysis of the existing condition and capabilities
of the facilities of the nuclear weapons complex.
(2) A description of the technologies and processes at such
facilities that have the potential to be developed in
collaboration with private industry, State, local, or tribal
governments, institutions of higher education, or non-profit
organizations.
(3) An estimate of the costs associated with economic
redevelopment and conversion activities as a result of the
reconfiguration of the nuclear weapons complex.
(4) A description of how the Secretary will coordinate with
local interests regarding such activities.
SEC. 3158. PROHIBITION ON DISCLOSURE OF CERTAIN INFORMATION
ON EXPOSURE TO RADIATION RELEASED FROM HANFORD
NUCLEAR RESERVATION.
Section 3138 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1834) is
amended by adding at the end the following new subsection:
``(d) Prohibition on Disclosure of Exposure Information.--
(1) Except as provided in paragraph (2), a person (including
the Secretary of Energy, an officer or employee of a State,
or any other person participating in or receiving assistance
under a program established under this section) may not
disclose to the public any information obtained through the
program that identifies a person who may have been exposed to
radiation released from the Hanford Nuclear Reservation or
that identifies a person participating in any of the programs
developed under this section. Information prohibited from
disclosure under this subsection shall include--
``(A) the name, address, and telephone number of a person
requesting information referred to in subsection (b)(1);
``(B) the name, address, and telephone number of a person
who has been referred to a health care professional under
subsection (b)(2);
``(C) the name, address, and telephone number of a person
who has been registered and monitored pursuant to subsection
(b)(3);
``(D) information that identifies the person from whom
information referred to in this paragraph was obtained under
the program or any other third party involved with, or
identified, by any such information so obtained; and
``(E) any other personal or medical information that
identifies a person or party referred to in subparagraphs (A)
through (D).
``(2) Information referred to in paragraph (1) may be
disclosed to the public if the person identified by the
information, or the person's legal representative, has
consented in writing to the disclosure.
``(3) The States of Washington, Oregon, and Idaho shall
establish procedures for carrying out this subsection,
including procedures governing the disclosure of information
under paragraph (2).''.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD AUTHORIZATION
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
1995, $18,000,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
SEC. 3301. CONDITIONS ON AUTHORITY TO DISPOSE OF CERTAIN
STRATEGIC AND CRITICAL MATERIALS.
Section 3302(f) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2649) is
amended by striking out ``before October 1, 1994.'' and
inserting in lieu thereof the following: ``until after the
President certifies to Congress that--
``(1) there is a reliable domestic source for the adequate
and timely production of these materials; and
``(2) such source can be called upon in times of a national
emergency or a significant mobilization of the Armed
Forces.''.
SEC. 3302. REJECTION OF CHANGE IN STOCKPILING PRINCIPLES.
(a) Establishment of Principles.--Section 2(c) of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98a(c)) is amended--
(1) in paragraph (2), by striking out ``Before October 1,
1994, the quantities'' and inserting in lieu thereof ``The
quantities''; and
(2) by striking out paragraph (3).
(b) Biennial Report on Stockpile Requirements.--Section
14(b) of such Act (50 U.S.C. 98h-5(b)) is amended--
(1) in the second sentence, by striking out ``Before
October 1, 1994, such assumptions'' and inserting in lieu
thereof ``Such assumptions''; and
(2) by striking out the third sentence.
SEC. 3303. LIMITATIONS ON THE DISPOSAL OF CHROMITE AND
MANGANESE ORES.
(a) Preference for Domestic Upgrading.--In offering to
enter into agreements pursuant to any provision of law for
the disposal of chromite and manganese ores of metallurgical
grade from the National Defense Stockpile provided for in
section 4 of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98c), the President shall give a right
of first refusal on all such offers to domestic ferroalloy
upgraders.
(b) Domestic Ferroalloy Upgrader Defined.--For purposes of
this section, the term ``domestic ferroalloy upgrader'' means
a company or other business entity that, as determined by the
President--
(1) is engaged in operations to upgrade chromite or
manganese ores of metallurgical grade or is capable of
engaging in such operations; and
(2) conducts a significant level of its research,
development, engineering, and upgrading operations in the
United States.
(c) Application of Section.--The requirements specified in
subsection (a) shall apply during fiscal year 1995.
SEC. 3304. CONDITIONAL PROHIBITION ON PROPOSED DISPOSAL OF
ZINC FROM NATIONAL DEFENSE STOCKPILE.
(a) Prohibition.--Except as provided in subsection (b), the
President may not proceed with the disposal from the National
Defense Stockpile of any portion of the 75,000 short tons of
zinc that was proposed for disposal in the annual materials
plan submitted to Congress under section 11(b) of such Act
(50 U.S.C. 98h-2) in March 1994.
(b) Exception.--Subsection (a) shall not apply to the
disposal of zinc from the National Defense Stockpile if the
President certifies to Congress before proceeding with such
disposal that any such disposal would not cause any undue
disruption of the usual markets of producers, processors, and
consumers of zinc.
(c) Definition.--For purposes of this section, the term
``National Defense Stockpile'' means the stockpile provided
for in section 4 of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98c).
SEC. 3305. SPECIAL PROGRAM FOR CONVERSION OF LOW CARBON FERRO
CHROMIUM TO HIGH PURITY ELECTROLYTIC CHROMIUM
METAL.
(a) Required Upgrading.--During each of the fiscal years
1995 and 1996, the President shall obtain bids from domestic
producers of high purity electrolytic chromium metal for the
conversion of low carbon ferro chromium held in the National
Defense Stockpile. On the basis of such bids, the President
shall award contracts for the conversion of such chromium
into high purity electrolytic chromium metal for inclusion in
the National Defense Stockpile.
(b) Quantities To Be Upgraded.--Contracts awarded under
subsection (a) shall provide for the addition of not less
than 500 short tons of high purity electrolytic chromium
metal to the National Defense Stockpile during each of the
fiscal years covered by subsection (a).
(c) Use of Barter.--The President shall carry out this
section only through the use of the barter authority provided
to the President under section 6(c) of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98e(c)) for
the management of the National Defense Stockpile.
(d) Definition.--For purposes of this section, the term
``National Defense Stockpile'' means the stockpile provided
for in section 4 of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98c).
TITLE XXXIV--CIVIL DEFENSE
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated $129,658,000
for fiscal year 1995 for the purpose of carrying out title VI
of The Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), as added by section
3402.
SEC. 3402. TRANSFER OF FEDERAL CIVIL DEFENSE ACT OF 1950 TO
THE ROBERT T. STAFFORD DISASTER RELIEF AND
EMERGENCY ASSISTANCE ACT.
(a) Inclusion as Additional Title.--The Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) is amended--
(1) by redesignating title VI as title VII;
(2) by redesignating sections 601, 602, 603, and 604 as
sections 701, 702, 703, and 704, respectively; and
(3) by inserting after title V the following new title VI:
``TITLE VI--FEDERAL CIVIL DEFENSE
``SEC. 601. DECLARATION OF POLICY.
``The purpose of this title is to provide a system of civil
defense for the protection of life and property in the United
States from hazards and to vest responsibility for civil
defense jointly in the Federal Government and the several
States and their political subdivisions. The Congress
recognizes that the organizational structure established
jointly by the Federal Government and the several States and
their political subdivisions for civil defense purposes can
be effectively utilized to provide relief and assistance to
people in areas of the United States struck by a hazard. The
Federal Government shall provide necessary direction,
coordination, and guidance and shall provide necessary
assistance as authorized in this title.
``SEC. 602. DEFINITIONS.
``In this title:
[[Page 1085]]
``(1) The term `hazard' means an emergency or disaster
resulting from--
``(A) a natural disaster; or
``(B) an accidental or man-caused event, including a civil
disturbance and an attack-related disaster.
``(2) The term `attack-related disaster' means any attack
or series of attacks by an enemy of the United States
causing, or which may cause, substantial damage or injury to
civilian property or persons in the United States in any
manner by sabotage or by the use of bombs, shellfire, or
nuclear, radiological, chemical, bacteriological, or
biological means or other weapons or processes.
``(3) The term `natural disaster' means any hurricane,
tornado, storm, flood, high water, wind-driven water, tidal
wave, tsunami, earthquake, volcanic eruption, landslide,
mudslide, snowstorm, drought, fire, or other catastrophe in
any part of the United States which causes, or which may
cause, substantial damage or injury to civilian property or
persons.
``(4) The term `civil defense' means all those activities
and measures designed or undertaken to minimize the effects
of a hazard upon the civilian population, to deal with the
immediate emergency conditions which would be created by the
hazard, and to effectuate emergency repairs to, or the
emergency restoration of, vital utilities and facilities
destroyed or damaged by the hazard. Such term shall include
the following:
``(A) Measures to be undertaken in preparation for
anticipated hazards (including the establishment of
appropriate organizations, operational plans, and supporting
agreements, the recruitment and training of personnel, the
conduct of research, the procurement and stockpiling of
necessary materials and supplies, the provision of suitable
warning systems, the construction or preparation of shelters,
shelter areas, and control centers, and, when appropriate,
the non-military evacuation of civil population).
``(B) Measures to be undertaken during a hazard (including
the enforcement of passive defense regulations prescribed by
duly established military or civil authorities, the
evacuation of personnel to shelter areas, the control of
traffic and panic, and the control and use of lighting and
civil communications).
``(C) Measures to be undertaken following a hazard
(including activities for fire fighting, rescue, emergency
medical, health and sanitation services, monitoring for
specific dangers of special weapons, unexploded bomb
reconnaissance, essential debris clearance, emergency welfare
measures, and immediately essential emergency repair or
restoration of damaged vital facilities).
``(5) The term `organizational equipment' means equipment
determined by the Director to be necessary to a civil defense
organization, as distinguished from personal equipment, and
of such a type or nature as to require it to be financed in
whole or in part by the Federal Government. Such term does
not include those items which the local community normally
utilizes in combating local disasters except when required in
unusual quantities dictated by the requirements of the civil
defense plans.
``(6) The term `materials' includes raw materials,
supplies, medicines, equipment, component parts and technical
information and processes necessary for civil defense.
``(7) The term `facilities', except as otherwise provided
in this title, includes buildings, shelters, utilities, and
land.
``(8) The term `Director' means the Director of the Federal
Emergency Management Agency.
``(9) The term `neighboring countries' includes Canada and
Mexico.
``(10) The term `State' includes interstate civil defense
authorities established under section 611(g).
``SEC. 603. ADMINISTRATION OF TITLE.
``This title shall be carried out by the Director of the
Federal Emergency Management Agency.
``Subtitle A--Powers and Duties
``SEC. 611. DETAILED FUNCTIONS OF ADMINISTRATION.
``The Director is authorized, in order to carry out the
policy described in section 601 to perform the following
functions:
``(a) Prepare national plans and programs for the civil
defense of the United States, making such use of plans and
programs previously initiated by the National Security
Resources Board as is feasible; sponsor and direct such plans
and programs; and request such reports on State plans and
operations for civil defense as may be necessary to keep the
President, Congress, and the several States advised of the
status of civil defense in the United States.
``(b) Delegate, with the approval of the President, to the
several departments and agencies of the Federal Government
appropriate civil defense responsibilities and review and
coordinate the civil defense activities of the departments
and agencies with each other and with the activities of the
States and neighboring countries.
``(c) Make appropriate provision for necessary civil
defense communications and for dissemination of warnings to
the civilian population of a hazard.
``(d) Study and develop civil defense measures designed to
afford adequate protection of life and property, including
research and studies as to the best methods of treating the
effects of hazards, developing shelter designs and materials
for protective covering or construction, and developing
equipment or facilities and effecting the standardization
thereof to meet civil defense requirements.
``(e) Conduct or arrange, by contract or otherwise, for
training programs for the instruction of civil defense
officials and other persons in the organization, operation,
and techniques of civil defense; conduct or operate schools
or including the payment of travel expenses, in accordance
with subchapter I of chapter 57 of title 5, United States
Code, and the Standardized Government Travel Regulations, and
per diem allowances, in lieu of subsistence for trainees in
attendance or the furnishing of subsistence and quarters for
trainees and instructors on terms prescribed by the Director;
and provide instructors and training aids as deemed
necessary. The terms prescribed by the Director for the
payment of travel expenses and per diem allowances authorized
by this subsection shall include a provision that such
payment shall not exceed \1/2\ of the total cost of such
expenses. Not more than one national civil defense college
and three civil defense technical training schools shall be
established under the authority of this subsection. The
Director is authorized to lease real property required for
the purpose of carrying out the provisions of this
subsection, but shall not acquire fee title to property
unless specifically authorized by law.
``(f) Publicly disseminate appropriate civil defense
information by all appropriate means.
``(g) Assist and encourage the States to negotiate and
enter into interstate civil defense compacts; review the
terms and conditions of such proposed compacts in order to
assist, to the extent feasible, in obtaining uniformity
therein and consistency with the national civil defense plans
and programs; assist and coordinate the activities
thereunder; and aid and assist in encouraging reciprocal
civil defense legislation by the States which will permit the
furnishing of mutual aid for civil defense purposes in the
event of a hazard which cannot be adequately met or
controlled by a State or political subdivision thereof
threatened with or experiencing a hazard. A copy of each such
civil defense compact shall be transmitted promptly to the
Senate and the House of Representatives. The consent of
Congress shall be granted to each such compact, upon the
expiration of the first period of 60 calendar days of
continuous session of the Congress following the date on
which the compact is transmitted to it; but only if, between
the date of transmittal and expiration of such 60-day period,
there has not been passed a concurrent resolution stating in
substance that the Congress does not approve the compact.
Nothing in this subsection shall be construed as preventing
Congress from withdrawing at any time its consent to any such
compact.
``(h) Procure by condemnation or otherwise, construct,
lease, transport, store, maintain, renovate or distribute
materials and facilities for civil defense, with the right to
take immediate possession thereof. Facilities acquired by
purchase, donation, or other means of transfer may be
occupied, used, and improved for the purposes of this title,
prior to the approval of title by the Attorney General as
required by section 355 of the Revised Statutes (40 U.S.C.
255). The Director shall report not less often than quarterly
to the Congress all property acquisitions made pursuant to
this subsection. The Director is authorized to lease real
property required for the purpose of carrying out the
provisions of this subsection, but shall not acquire fee
title to property unless specifically authorized law. The
Director is authorized to procure and maintain under this
subsection radiological instruments and detection devices,
protective masks, and gas detection kits, and distribute the
same by loan or grant to the States for civil defense
purposes, under such terms and conditions as the Director
shall prescribe.
``(i) Make financial contributions, on the basis of
programs or projects approved by the Director, to the States
for civil defense purposes, including the procurement,
construction, leasing, or renovating of materials and
facilities. Such contributions shall be made on such terms or
conditions as the Director shall prescribe, including the
method of purchase, the quantity, quality, or specifications
of the materials or facilities, and such other factors or
care or treatment to assure the uniformity, availability, and
good condition of such materials or facilities. No
contributions shall be made under this subsection for the
procurement of land or for the purchase of personal equipment
for State or local civil defense workers. The amounts
authorized to be contributed by the Director to each State
for organizational equipment shall be equally matched by such
State from any source it determines is consistent with its
laws. Financial contributions to the States for shelters and
other protective facilities shall be determined by taking the
amount of funds appropriated or available to the Director for
such facilities in each fiscal year and apportioning such
funds among the States in the ratio which the urban
population of the critical target areas (as determined by the
Director, after consultation with the Secretary of Defense)
in each State, at the time of the determination, bears to the
total urban population of the critical target areas of all of
the States. The amounts authorized to be contributed by the
Director to each State for such shelters and protective
facilities shall be equally matched by such State from any
source it determines is consistent with its laws and, if not
matched within a reasonable time, the Director may reallocate
same to other States under the formula described in the
preceding sentence. The value of any land contributed by any
State or political subdivision thereof
[[Page 1086]]
shall be excluded from the computation of the State share
under this subsection. The amounts paid to any State under
this subsection shall be expended solely in carrying out the
purposes set forth herein and in accordance with State civil
defense programs or projects approved by the Director. The
Director shall make no contribution toward the cost of any
program or project for the procurement, construction, or
leasing of any facility which (1) is intended for use, in
whole or in part, for any purpose other than civil defense,
and (2) is of such kind that upon completion it will, in the
judgment of the Director, be capable of producing sufficient
revenue to provide reasonable assurance of the retirement or
repayment of such cost; except that (subject to the preceding
sentences of this subsection) the Director may make a
contribution to any State toward that portion of the cost of
the construction, reconstruction, or enlargement of any
facility which the Director determines to be directly
attributable to the incorporation in such facility of any
feature of construction or design not necessary for the
principal intended purpose thereof but which is, in the
judgment of the Director necessary for the use of such
facility for civil defense purposes. The Director shall
report not less often than annually to Congress all
contributions made pursuant to this subsection. All laborers
and mechanics employed by contractors or subcontractors in
the performance of construction work financed with the
assistance of any contribution of Federal funds made by the
Director under this subsection shall be paid wages at rates
not less than those prevailing on similar construction in the
locality as determined by the Secretary of Labor in
accordance with the Act of March 3, 1931 (commonly known as
the Davis-Bacon Act (40 U.S.C. 276a-276a-5)), and every such
employee shall receive compensation at a rate not less than
one and \1/2\ times the basic rate of pay of the employee for
all hours worked in any workweek in excess of eight hours in
any workday or 40 hours in the workweek, as the case may be.
The Director shall make no contribution of Federal funds
without first obtaining adequate assurance that these labor
standards will be maintained upon the construction work. The
Secretary of Labor shall have, with respect to the labor
standards specified in this subsection, the authority and
functions set forth in Reorganization Plan Numbered 14 of
1950 (5 U.S.C. App.), and section 2 of the Act of June 13,
1934 (40 U.S.C. 276(c)).
``(j) Arrange for the sale or disposal of materials and
facilities found by the Director to be unnecessary or
unsuitable for civil defense purposes in the same manner as
provided for excess property under the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.).
Any funds received as proceeds from the sale or other
disposition of such materials and facilities shall be covered
into the Treasury as miscellaneous receipts.
``SEC. 612. MUTUAL AID PACTS BETWEEN SEVERAL STATES AND
NEIGHBORING COUNTRIES.
``The Director shall give all practicable assistance to
States in arranging, through the Department of State, mutual
civil defense aid between the States and neighboring
countries.
``SEC. 613. IDENTITY INSIGNIA.
``The Director may prescribe insignia, arm bands, and other
distinctive articles (including designs previously covered
under Letters Patent which were assigned to the United States
and held by the Office of Civilian Defense created by
Executive Order Numbered 8757 issued May 20, 1941) which may
be manufactured for or possessed or worn by persons engaged
in civil defense activities pursuant to rules and regulations
for the manufacture, possession, or wearing thereof
established by the Director. The manufacture, possession, or
wearing of any such insignia, arm band, or other distinctive
article otherwise than in accordance with such rules and
regulations shall be unlawful and shall subject such person
to a fine of not more than $1,000 or imprisonment of not more
than one year, or both.
``SEC. 614. CONTRIBUTIONS FOR PERSONNEL AND ADMINISTRATIVE
EXPENSES.
``(a) General Authority.--To further assist in carrying out
the purposes of this title, the Director may make financial
contributions to the States (including interstate civil
defense authorities established pursuant to section 611(g))
for necessary and essential State and local civil defense
personnel and administrative expenses, on the basis of
approved plans (which shall be consistent with the national
plan for civil defense approved by the Director) for the
civil defense of the States. The financial contributions to
the States under this section shall not exceed \1/2\ of the
total cost of such necessary and essential State and local
civil defense personnel and administrative expenses.
``(b) Plan Requirements.--Plans submitted under this
section shall--
``(1) provide, pursuant to State law, that the plan shall
be in effect in all political subdivisions of the State and
be mandatory on them and be administered or supervised by a
single State agency;
``(2) provide that the State shall share the financial
assistance with that provided by the Federal Government under
this section from any source determined by it to be
consistent with State law;
``(3) provide for the development of State and local civil
defense operational plans, pursuant to standards approved by
the Director;
``(4) provide for the employment of a full-time civil
defense director, or deputy director, by the State;
``(5) provide that the State shall make such reports in
such form and content as the Director may require; and
``(6) make available to duly authorized representatives of
the Director and the Comptroller General, books, records, and
papers necessary to conduct audits for the purposes of this
section.
``(c) Terms and Conditions.--The Director shall establish
such other terms and conditions as the Director considers
necessary and proper to carry out this section.
``(d) Application of Other Provisions.--In carrying out
this section, the provisions of section 611(g) and 621(h)
shall apply.
``(e) Allocation of Funds.--For each fiscal year concerned,
the Director shall allocate to each State, in accordance with
regulations and the total sum appropriated hereunder, amounts
to be made available to the States for the purposes of this
section. Regulations governing allocations to the States
under this subsection shall give due regard to (1) the
criticality of the target and support areas and the areas
which may be affected by hazards with respect to the
development of the total civil defense readiness of the
Nation, (2) the relative state of development of civil
defense readiness of the State, (3) population, and (4) such
other factors as the Director shall prescribe. The Director
may reallocate the excess of any allocation not utilized by a
State in a plan submitted hereunder. Amounts paid to any
State or political subdivision under this section shall be
expended solely for the purposes set forth herein.
``(f) Submission of Plan.--In the event a State fails to
submit a plan for approval as required by this section within
60 days after the Director notifies the States of the
allocations hereunder, the Director may reallocate such
funds, or portions thereof, among the other States in such
amounts as, in the judgment of the Director will best assure
the adequate development of the civil defense capability of
the Nation.
``(g) Annual Reports.--The Director shall report annually
to the Congress all contributions made pursuant to this
section.
``SEC. 615. REQUIREMENT FOR STATE MATCHING FUNDS FOR
CONSTRUCTION OF EMERGENCY OPERATING CENTERS.
``Notwithstanding any other provision of this title, funds
appropriated to carry out this title may not be used for the
purpose of constructing emergency operating centers (or
similar facilities) in any State unless such State matches in
an equal amount the amount made available to such State under
this title for such purpose.
``SEC. 616. USE OF FUNDS TO PREPARE FOR AND RESPOND TO
HAZARDS.
``Funds made available to the States under this title may
be used by the States for the purposes of preparing for
hazards and providing emergency assistance in response to
hazards. Regulations prescribed to carry out this section
shall authorize the use of civil defense personnel,
materials, and facilities supported in whole or in part
through contributions under this title for civil defense
activities and measures related to hazards.
``Subtitle B--General Provisions
``SEC. 621. ADMINISTRATIVE AUTHORITY.
``For the purpose of carrying out the powers and duties
assigned to the Director under this title, the Director may
exercise the following administrative authorities:
``(a) Employ civilian personnel for duty in the United
States, including the District of Columbia, or elsewhere,
subject to the civil-service laws, and to fix the
compensation of such personnel in accordance with subchapter
III of chapter 51 and chapter 53 of title 5, United States
Code.
``(b) Employ not more than 100 such part-time or temporary
advisory personnel (including not to exceed 25 subjects of
the United Kingdom and the Dominion of Canada) as are deemed
necessary in carrying out the provisions of this title.
Persons holding other offices or positions under the United
States for which they receive compensation, while serving as
members of such committees, shall receive no additional
compensation for such service. Other members of such
committees and other part-time or temporary advisory
personnel so employed may serve without compensation or may
receive compensation at a rate not to exceed $50 for each day
of service, as determined by the Director.
``(c) Utilize the services of Federal agencies and, with
the consent of any State or local government, accept and
utilize the services of State and local civil agencies;
establish and utilize such regional and other offices as may
be necessary; utilize such voluntary and uncompensated
services by individuals or organizations as may from time to
time be needed; and authorize the States to establish and
organize such individuals and organizations into units to be
known collectively as the United States Civil Defense Corps.
The members of such corps shall not be deemed by reason of
such membership to be appointees or employees of the United
States.
``(d) Notwithstanding any other provision of law, accept
gifts of supplies, equipment, and facilities and utilize or
distribute such gifts for civil defense purposes in
accordance with the provisions of this title.
``(e) Reimburse any Federal agency for any of its
expenditures or for compensation of its personnel and
utilization or consumption of its materials and facilities
under this title to the extent funds are available.
[[Page 1087]]
``(f) Purchase such printing, binding, and blank-book work
from public, commercial, or private printing establishments
or binderies as the Director considers necessary upon orders
placed by the Public Printer or upon waivers issued in
accordance with section 504 of title 44, United States Code.
``(g) Prescribe such rules and regulations as may be
necessary and proper to carry out any of the provisions of
this title and perform any of the powers and duties provided
by this title through or with the aid of such officials of
the Federal Emergency Management Agency as the Director may
designate.
``(h) When, after reasonable notice and opportunity for
hearing to the State or other person, the Director finds that
there is a failure to expend funds in accordance with the
regulations, terms, and conditions established under this
title for approved civil defense plans, programs, or
projects, notify such State or person that further payments
will not be made to the State or person from appropriations
under this title (or from funds otherwise available for the
purposes of this title for any approved plan, program, or
project with respect to which there is such failure to
comply) until the Director is satisfied that there will no
longer be any such failure. Until so satisfied, the Director
shall either withhold the payment of any financial
contribution to such State or person or limit payments to
those programs or projects with respect to which there is
substantial compliance with the regulations, terms, and
conditions governing plans, programs, or projects hereunder.
As used in this subsection, the term `person' means the
political subdivision of any State or combination or group
thereof, any interstate civil defense authority established
pursuant to subsection 611(g), or any person, corporation,
association, or other entity of any nature whatsoever,
including instrumentalities of States and political
subdivisions.
``SEC. 622. EXEMPTION FROM CERTAIN PROHIBITIONS.
``The authority granted in subsections (b) and (c) of
section 621 shall be exercised in accordance with regulations
of the President, who may also provide by regulation for the
exemption of persons employed or whose services are utilized
under the authority of such subsections from the operation of
sections 203, 205, 207, 208, and 209 of title 18 of the
United States Code.
``SEC. 623. SECURITY REGULATIONS.
``(a) Establishment.--The Director shall establish such
security requirements and safeguards, including restrictions
with respect to access to information and property as the
Director considers necessary.
``(b) Limitations on Employee Access to Information.--No
employee of the Federal Emergency Management Agency shall be
permitted to have access to information or property with
respect to which access restrictions have been established
under this section, until it shall have been determined that
no information is contained in the files of the Federal
Bureau of Investigation or any other investigative agency of
the Government indicating that such employee is of
questionable loyalty or reliability for security purposes, or
if any such information is so disclosed, until the Federal
Bureau of Investigation shall have conducted a full field
investigation concerning such person and a report thereon
shall have been evaluated in writing by the Director.
``(c) National Security Positions.--No employee of the
Federal Emergency Management Agency shall occupy any position
determined by the Director to be of critical importance from
the standpoint of national security until a full field
investigation concerning such employee shall have been
conducted by the Director of the Office of Personnel
Management and a report thereon shall have been evaluated in
writing by the Director. In the event such full field
investigation by the Director of the Office of Personnel
Management develops any data reflecting that such applicant
for a position of critical importance is of questionable
loyalty or reliability for security purposes, or if the
Director for any other reason shall deem it to be advisable,
such investigation shall be discontinued and a report thereon
shall be referred to the Director for evaluation in writing.
Thereafter the Director may refer the matter to the Federal
Bureau of Investigation for the conduct of a full field
investigation by such Bureau. The result of such latter
investigation by such Bureau shall be furnished to the
Director for action.
``(d) Employee Oaths.--Each Federal employee of the Federal
Emergency Management Agency, except the subjects of the
United Kingdom and the Dominion of Canada specified in
section 621(b), shall execute the loyalty oath or appointment
affidavits prescribed by the Director of the Office of
Personnel Management. Each person other than a Federal
employee who is appointed to serve in a State or local
organization for civil defense shall before entering upon
duties, take an oath in writing before a person authorized to
administer oaths, which oath shall be substantially as
follows:
`I, , do solemnly swear (or affirm) that I will
support and defend the Constitution of the United States
against all enemies, foreign and domestic; that I will bear
true faith and allegiance to the same; that I take this
obligation freely, without any mental reservation or purpose
of evasion; and that I will well and faithfully discharge the
duties upon which I am about to enter.
`And I do further swear (or affirm) that I do not advocate,
nor am I a member or an affiliate of any organization, group,
or combination of persons that advocates the overthrow of the
Government of the United States by force or violence; and
that during such time as I am a member of (name
of civil defense organization), I will not advocate nor
become a member or an affiliate of any organization, group,
or combination of persons that advocates the overthrow of the
Government of the United States by force or violence.'
After appointment and qualification for office, the director
of civil defense of any State, and any subordinate civil
defense officer within such State designated by the director
in writing, shall be qualified to administer any such oath
within such State under such regulations as the director
shall prescribe. Any person who shall be found guilty of
having falsely taken such oath shall be punished as provided
in section 1621 of title 18, United States Code.
``SEC. 624. UTILIZATION OF EXISTING FACILITIES.
``In performing duties under this title, the Director
shall--
``(1) cooperate with the various departments and agencies
of the Federal Government;
``(2) utilize, to the maximum extent, the existing
facilities and resources of the Federal Government and, with
their consent, the facilities and resources of the States and
political subdivisions thereof, and of other organizations
and agencies; and
``(3) refrain from engaging in any form of activity which
would duplicate or parallel activity of any other Federal
department or agency unless the Director, with the written
approval of the President, shall determine that such
duplication is necessary to accomplish the purposes of this
title.
``SEC. 625. ANNUAL REPORT TO CONGRESS.
``The Director shall annually submit a written report to
the President and Congress covering expenditures,
contributions, work, and accomplishments of the Federal
Emergency Management Agency pursuant to this title,
accompanied by such recommendations as the Director shall
deem appropriate.
``SEC. 626. APPLICABILITY OF TITLE.
``The provisions of this title shall be applicable to the
United States, its States, Territories and possessions, and
the District of Columbia, and their political subdivisions.
``SEC. 627. AUTHORIZATION OF APPROPRIATIONS AND TRANSFERS OF
FUNDS.
``There are authorized to be appropriated such sums as may
be necessary to carry out the provisions of this title. Funds
made available for the purposes of this title may be
allocated or transferred for any of the purposes of this
title, with the approval of the Bureau of the Budget, to any
agency or government corporation designated to assist in
carrying out this title. Each such allocation or transfer
shall be reported in full detail to the Congress within
thirty days after such allocation or transfer.
``SEC. 628. ATOMIC ENERGY ACT OF 1946.
``Nothing in this title shall be construed to amend or
modify the provisions of the Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.).
``SEC. 629. FEDERAL BUREAU OF INVESTIGATION.
``Nothing in this title shall be construed to authorize
investigations of espionage, sabotage, or subversive acts by
any persons other than personnel of the Federal Bureau of
Investigation.
``SEC. 630. SEPARABILITY.
``If any provision of this title or the application of such
provision to any person or circumstances shall be held
invalid, the remainder of the title, and the application of
such provisions to persons or circumstances other than those
as to which it is held invalid, shall not be affected
thereby.
``SEC. 631. APPLICABILITY OF REORGANIZATION PLAN NUMBERED 1.
``The applicability of Reorganization Plan Numbered 1 of
1958 (23 F.R. 4991) shall extend to any amendment of this
title except as otherwise expressly provided in such
amendment.''.
(b) Conforming Repeal.--The Act entitled ``An Act to
authorize a Federal civil defense program, and for other
purposes.'', approved January 12, 1951 (50 U.S.C. App. 2251
et seq.), is repealed.
(c) Conforming Amendments.--(1) Section 202(c) of The
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5132(c)) is amended by striking ``section
201(c) of the Federal Civil Defense Act of 1950, as amended
(50 U.S.C. App. 2281(c)),'' and inserting ``section 611(c) of
this Act''.
(2) The undesignated paragraph under the heading ``civil
defense procurement fund'' in chapter XI of the Third
Supplemental Appropriation Act, 1951 (50 U.S.C. App. 2264; 65
Stat. 61) is repealed.
(3) Section 813(d) of the Agricultural Act of 1970 (7
U.S.C. 1427a(d)) is amended by striking out ``the provisions
of the Federal Civil Defense Act of 1950, as amended (50
U.S.C. App. 2251-2297).'' and inserting in lieu thereof
``title VI of The Robert T. Stafford Disaster Relief and
Emergency Assistance Act.''.
TITLE XXXV--NAVAL PETROLEUM RESERVES
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated to the
Secretary of Energy $199,456,000 for fiscal year 1995 for the
purpose of carry out activities under chapter 641 of title
10, United States Code, relating to the naval petroleum
reserves (as defined in section 7420(2) of such title). Funds
appropriated pursuant to such authorization shall remain
available until expended.
SEC. 3502. PRICE REQUIREMENT ON SALE OF CERTAIN PETROLEUM
DURING FISCAL YEAR 1995.
During fiscal year 1995, any sale of any part of the United
States share of petroleum
[[Page 1088]]
produced from Naval Petroleum Reserves Numbered 1, 2, and 3
shall be made at the price prescribed by section
7430(b)(2)(A) of title 10, United States Code.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
Mr. MICHEL moved to recommit the bill to the Committee on Armed
Services with instructions to report the bill back to the House
forthwith with the following amendment:
At the end of title X (page 277, after line 2), insert the
following new section:
SEC. . LIMITATION ON PLACING UNITED STATES FORCES UNDER
OPERATIONAL CONTROL OF A FOREIGN NATIONAL
ACTING ON BEHALF OF THE UNITED NATIONS.
(a) Limitation.--Except as provided in subsections (b) and
(c), funds appropriated or otherwise made available for the
Department of Defense may not be obligated or expended for
activities of any element of the Armed Forces that after the
date of the enactment of this Act is placed under the
operational control of a foreign national acting directly on
behalf of the United Nations for the purpose of international
peacekeeping, peacemaking, peace-enforcing, or similar
activity that is authorized by the Security Council under
chapter VI or VII of the United Nations Charter.
(b) Exception for Presidential Certification.--(1)
Subsection (a) shall not apply in the case of a proposed
placement of United States Armed Forces under such
operational control if the President, not less than 15 days
before the date on which such operational control is to
become effective (or as provided in paragraph (2)), meets the
requirements of subsection (d).
(2) If the President certifies to Congress that an
emergency exists that precludes the President from meeting
the requirements of subsection (d) 15 days before placing
United States Armed Forces under such operational control,
the President may place such forces under such operational
control and meet the requirements of subsection (d) in a
timely manner, but in no event later than 48 hours after such
operational control becomes effective.
(c) Exception for Authorization by Law.--Subsection (a)
shall not apply in the case of a proposed placement of United
States Armed Forces under such operational control if the
Congress specifically authorizes by law placing United States
forces under such operational control.
(d) Presidential Certifications.--The requirements referred
to in subsection (b)(1) are that the President submit to
Congress the following:
(1) Certification by the President that--
(A) such an operational control arrangement is necessary to
protect national security interests of the United States;
(B) the commander of any unit of the Armed Forces proposed
for placement under the operational control of a foreign
national acting directly on behalf of the United Nations will
at all times retain the right--
(i) to report independently to superior United States
military authorities; and
(ii) to decline to comply with orders judged by the
commander to be illegal, militarily imprudent, or beyond the
mandate of the mission to which the United States agreed with
the United Nations, until such time as that commander
receives direction from superior United States military
authorities with respect to the orders that the commander has
declined to comply with; and
(C) the United States will retain the authority to withdraw
United States Armed Forces from the proposed operation at
any
time and to take any action it considers necessary to protect
those forces if they are engaged.
(2) A report setting forth the following:
(A) A description of the national security interest that
requires the placement of United States forces under the
operational control of a foreign national acting directly on
behalf of the United Nations.
(B) The mission of the United States forces involved.
(C) The expected size and composition of the United States
forces involved.
(D) The incremental cost to the United States of
participation in the United Nations operation by the United
States forces which are proposed to be placed under the
operational control of a foreign national.
(E) The precise command and control relationship between
the United States forces involved and the United Nations
command structure.
(F) The precise command and control relationship between
the United States forces involved and the commander of the
United States unified command for the region in which those
United States forces are to operate.
(G) The extent to which the United States forces involved
will rely on non-United States forces for security and self-
defense and an assessment on the ability of those non-United
States forces to provide adequate security to the United
States forces involved.
(H) The timetable for complete withdrawal of the United
States forces involved.
(e) Classification of Report.--A report under subsection
(c) shall be submitted in unclassified form and, if
necessary, in classified form.
(f) Exception for Small Forces.--This section does not
apply in a case in which fewer than 100 members of the Armed
Forces are participating in a particular United Nations
operation or activity.
(g) Exception for Ongoing Operation.--This section does not
apply in the case of activities of the Armed Forces in
Macedonia pursuant to United Nations Security Council
Resolutions 795, adopted December 11, 1992, and 842, adopted
June 18, 1993, as part of the United Nations force designated
as the United Nations Protection Force (UNPROFOR).
(h) Interpretation.--Nothing in this section may be
construed as authority for the President to use United States
Armed Forces in any operation or as authority for the
President to place elements of the Armed Forces under the
operational control of a foreign national.
After debate,
By unanimous consent, the previous question was ordered on the motion
to recommit with instructions.
The question being put, viva voce,
Will the House recommit said bill with instructions?
The SPEAKER pro tempore, Mr. MAZZOLI, announced that the nays had it.
Mr. MICHEL demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
185
<3-line {>
negative
Nays
237
Para. 59.12 [Roll No. 225]
YEAS--185
Allard
Applegate
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Brewster
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cooper
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hoagland
Hobson
Hoekstra
Hoke
Horn
Houghton
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McCurdy
McDade
McHugh
McInnis
McKeon
McMillan
McNulty
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Orton
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Talent
Tauzin
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Traficant
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--237
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Condit
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kreidler
LaFalce
Lambert
[[Page 1089]]
Lancaster
Lantos
LaRocco
Laughlin
Leach
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--12
Collins (MI)
Foglietta
Grandy
Huffington
Jefferson
Kopetski
Royce
Slattery
Sundquist
Towns
Tucker
Washington
So the motion to recommit with instructions was not agreed to.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. MAZZOLI, announced that the yeas had it.
Mr. DELLUMS demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
260
<3-line {>
affirmative
Nays
158
Para. 59.13 [Roll No. 226]
AYES--260
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barlow
Bateman
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bliley
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clement
Clyburn
Coleman
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (TX)
Emerson
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Frost
Furse
Gallegly
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gilman
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Holden
Horn
Houghton
Hoyer
Hughes
Hutto
Inslee
Jacobs
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Kanjorski
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Levin
Lewis (CA)
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Machtley
Mann
Manton
Manzullo
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDade
McDermott
McHale
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Porter
Poshard
Price (NC)
Quillen
Quinn
Rahall
Rangel
Ravenel
Reed
Reynolds
Richardson
Ridge
Roemer
Ros-Lehtinen
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Shuster
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spratt
Stenholm
Stokes
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Torres
Torricelli
Traficant
Unsoeld
Upton
Valentine
Velazquez
Visclosky
Volkmer
Waters
Watt
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOES--158
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bentley
Bereuter
Bilirakis
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Clinger
Coble
Collins (GA)
Collins (IL)
Combest
Cox
Crane
Crapo
Cunningham
DeFazio
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (CA)
Ehlers
Everett
Ewing
Fawell
Fields (TX)
Fish
Franks (CT)
Franks (NJ)
Gallo
Gekas
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hoekstra
Hoke
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Johnston
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Leach
Levy
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Maloney
Margolies-Mezvinsky
McCandless
McCollum
McCrery
McHugh
McInnis
McKeon
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Myers
Nadler
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Portman
Pryce (OH)
Ramstad
Regula
Roberts
Rogers
Rohrabacher
Roth
Roukema
Sanders
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Solomon
Spence
Stark
Stearns
Stump
Talent
Taylor (NC)
Thomas (WY)
Torkildsen
Vento
Vucanovich
Walker
Walsh
Waxman
Wolf
Wyden
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--16
Clayton
Collins (MI)
Foglietta
Grandy
Huffington
Jefferson
Kaptur
Kopetski
Lehman
Royce
Slattery
Strickland
Sundquist
Towns
Tucker
Washington
So the bill was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
authorize appropriations for fiscal year 1995 for military activities of
the Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel strengths
for such fiscal year for the Armed Forces, and for other purposes.''.
A motion to reconsider the votes whereby said bill was passed and the
title was amended was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 59.14 clerk to correct engrossment
On motion of Mr. DELLUMS, by unanimous consent,
Ordered, That in the engrossment of the foregoing bill, the Clerk be
authorized to correct section numbers, punctuation, cross references,
and to make other technical corrections.
Para. 59.15 permission to file report
On motion of Mr. CARR, by unanimous consent, the Committee on
Appropriations was granted permission until midnight tonight to file a
privileged report (Rept. No. 103-543) on the bill (H.R. 4556) making
appropriations for the Department of Transportation and related agencies
for the fiscal year ending September 30, 1995, and for other purposes.
Mr. SKEEN reserved all points of order against said bill.
Para. 59.16 permission to file report
On motion of Mr. DURBIN, by unanimous consent, the Committee on
Appropriations was granted permission until midnight tonight to file a
privileged report (Rept. No. 103-542) on the bill (H.R. 4554) making
appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year ending
September 30, 1995.
Mr. SKEEN reserved all points of order against said bill.
Para. 59.17 waiving points of order against h.r. 4506
Mr. BEILENSON, by direction of the Committee on Rules, reported (Rept.
No. 103-540) the resolution (H. Res. 449)
[[Page 1090]]
waiving certain points of order during consideration of the bill
(H.R.4506) making appropriations for energy and water development for
the fiscal year ending September 30, 1995, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 59.18 waiving points of order against h.r. 4539
Mr. BEILENSON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 447):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 4539) making appropriations for the Treasury
Department, the United States Postal Service, the Executive
Office of the President, and certain Independent Agencies,
for the fiscal year ending September 30, 1995, and for other
purposes. The first reading of the bill shall be dispensed
with. All points of order against consideration of the bill
are waived. General debate shall be confined to the bill and
shall not exceed one hour equally divided and controlled by
the chairman and ranking minority member of the Committee on
Appropriations. After general debate the bill shall be
considered for amendment under the five-minute rule. Points
of order against provisions in the bill for failure to comply
with clause 2 of rule XXI are waived except as follows:
beginning with ``: Provided'' on page 4, line 6, through
``Treasury'' on line 9; and page 87, line 3, through page 88,
line 2. Where points of order are waived against only part of
a paragraph, a point of order against matter in the balance
of the paragraph may be applied only within the balance of
the paragraph and not against the entire paragraph. At the
conclusion of consideration of the bill for amendment the
Committee shall rise and report the bill to the House with
such amendments as may have been adopted. The previous
question shall be considered as ordered on the bill and
amendments thereto to final passage without intervening
motion except one motion to recommit.
Sec. 2. At any time after the adoption of this resolution
the Committee on Appropriations may file a supplemental
report on H.R. 4539 as part 2 of House Report 103-534.
When said resolution was considered.
After debate,
On motion of Mr. BEILENSON, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. DARDEN, announced that the yeas had it.
Mr. SOLOMON objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
236
When there appeared
<3-line {>
Nays
177
Para. 59.19 [Roll No. 227]
YEAS--236
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Condit
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Harman
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jacobs
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Mollohan
Montgomery
Moran
Murphy
Murtha
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--177
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cooper
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Packard
Paxon
Penny
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Traficant
Upton
Vucanovich
Walker
Walsh
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--21
Collins (MI)
Foglietta
Grandy
Hastings
Huffington
Jefferson
Kopetski
Moakley
Nadler
Owens
Oxley
Rangel
Ridge
Royce
Slattery
Sundquist
Towns
Tucker
Washington
Weldon
Whitten
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 59.20 privileges of the house--house post office matter
Mr. MICHEL rose to a question of the privileges of the House and
submitted the following privileged resolution (H. Res. 450):
Whereas, on July 22, 1992, the House of Representatives
voted to transmit to the Committee on Standards of Official
Conduct the Committee Report and all records obtained by the
Task Force to Investigate the Operation and Management of the
House Post Office;
Whereas, the Report of the Committee on House
Administration selectively included portions of the
transcript of the proceedings of the Task Force in the
Appendix of their Report;
Whereas, efforts in the 102d Congress to release the full
transcript of the Task Force were defeated in the House on
July 22, 1992 and July 23, 1992 and again on July 22, 1993;
Whereas, the former Postmaster of the House of
Representatives, Robert V. Rota, from 1978 continuing until
April 1992 has admitted to conspiring with other persons to
commit offenses against the United States;
Whereas, the former Postmaster has pled guilty to making
false statements to the Task Force and during interviews with
United States Postal Inspectors and the Congressional
Committee investigating the House Post Office;
Whereas, the former Postmaster admitted to engaging in a
cover up of the exchange of vouchers and postage stamps for
cash beginning in May 1980 and continuing throughout the
House investigation of the post office;
[[Page 1091]]
Whereas, the integrity of the House of Representatives has
been impugned by the actions of Mr. Rota and others;
Whereas, on July 23, 1993, the House approved a privileged
resolution offered by the Majority Leader that stated: ``That
it is the sense of the House that should the United States
Attorney for the District of Columbia at any time inform the
House that he has no objection to the public release of the
transcripts of proceedings of the former Task Force, then the
House shall consider immediately the question of whether and
under what circumstances the transcripts of proceedings of
the former Task Force should be released to the public;''
Whereas, the United States Attorney for the District of
Columbia has indicated in a letter to the Speaker and the
Minority Leader that ``in light of recent action by the Grand
Jury in the criminal investigation, this Office no longer
objects to the public release of the materials in question.''
Now, therefore, be it
Resolved, That the House make public in printed form all
transcripts and other relevant documents from any House
Administration Committee investigation of the House Post
Office as soon as possible.
Resolved, further that the Majority and Minority Leader
shall each designate a Member to review the materials and
that these materials shall be made public unless the
designees agree to the contrary.
When said resolution was considered.
After debate,
On motion of Mr. MICHEL, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. McCLOSKEY, announced that the yeas had
it.
Mr. WALKER objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
399
When there appeared
<3-line {>
Nays
2
Para. 59.21 [Roll No. 228]
YEAS--399
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Flake
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lancaster
Lantos
LaRocco
Lazio
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Myers
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Reynolds
Richardson
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Swett
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Traficant
Unsoeld
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Wheat
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--2
Ford (MI)
Swift
NOT VOTING--33
Bryant
Carr
Collins (MI)
Dicks
Fish
Foglietta
Grandy
Hastings
Huffington
Jefferson
Kopetski
Lambert
Laughlin
Leach
Moakley
Murtha
Nadler
Orton
Owens
Oxley
Packard
Rangel
Ridge
Royce
Skelton
Slattery
Sundquist
Towns
Tucker
Valentine
Washington
Weldon
Whitten
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 59.22 senate bills referred
Bills of the Senate of the following titles were taken from the
Speaker's table and, under the rule, referred as follows:
S. 761. An Act to amend the ``unit of general local
government'' definition for Federal payments in lieu of taxes
to include unorganized boroughs in Alaska; to the Committee
on Natural Resources.
S. 1033. An Act to establish the Shenandoah Valley National
Battlefields and Commission in the Commonwealth of Virginia,
and for other purposes; to the Committee on Natural
Resources.
Para. 59.23 leave of absence
By unanimous consent, leave of absence was granted--
To Miss COLLINS of Michigan, for today and balance of the week;
To Mr. TOWNS, for today;
To Mr. ROYCE, for today and balance of the week;
To Mr. SKELTON, for today after 6 p.m. and balance of the week; and
To Mr. ORTON, for today after 5:30 p.m. until 7 p.m., June 13.
And then,
Para. 59.24 adjournment
On motion of Mr. BURTON, at 9 o'clock p.m., the House adjourned.
Para. 59.25 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. HOYER: Committee on Appropriations. H.R. 4539. A bill
making appropriations for the Treasury Department, the U.S.
Postal Service, the Executive Office of the President, and
certain independent agencies, for fiscal year ending
September 30, 1995, and for other purposes (Rept. No. 103-
534, Pt. 2.)
Mr. MONTGOMERY: Committee on Veterans' Affairs. H.R. 3013.
A bill to amend title 38, United States Code, to establish a
Women's Bureau in the Department of Veterans Affairs; with
amendments (Rept. No. 103-538). Referred to the Committee of
the Whole House on the State of the Union.
Mr. OBEY: Committee on Appropriations. Revised Subdivision
of Budget Totals for fiscal year 1995 (Rept. No. 103-539).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. HALL of Ohio: Committee on Rules. House Resolution 449.
Resolution waiving
[[Page 1092]]
certain points of order against the bill (H.R. 4506) making
appropriations for energy and water development for the
fiscal year ending September 30, 1995, and for other purposes
(Rept. No. 103-540). Referred to the House Calendar.
Mr. DURBIN: Committee on Appropriations. H.R. 4554. A bill
making appropriations for Agriculture, Rural Development,
Food and Drug Administration, and related agencies programs
for the fiscal year ending September 30, 1995, and for other
purposes (Rept. No. 103-542). Referred to the Committee of
the Whole House on the State of the Union.
Mr. CARR: Committee on Appropriations. H.R. 4556. A bill
making appropriations for the Department of Transportation
and related agencies for the fiscal year ending September 30,
1995, and for other purposes (Rept. No. 103-543). Referred to
the Committee of the Whole House on the State of the Union.
Para. 59.26 reported bills sequentially referred
Under clause 5 of rule X, bills and reports were delivered to the
Clerk for printing, and bills referred as follows:
Mr. GLICKMAN: Permanent Select Committee on Intelligence.
H.R. 4299. A bill to authorize appropriations for fiscal year
1995 for intelligence and intelligence-related activities of
the U.S. Government, the community management account, and
the Central Intelligence Agency Retirement and Disability
System, and for other purposes, with an amendment; referred
to the Committees on Armed Services and the Judiciary for a
period ending not later than June 24, 1994, for consideration
of such provisions contained in the bill and amendment as
fall within the jurisdiction of those committees pursuant to
clause 1(C) and (l), rule X. (Rept. No. 103-541, Pt. 1).
Para. 59.27 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BROWN of California:
H.R. 4553. A bill to authorize the fusion energy research,
development, and demonstration program at the Department of
Energy, to direct the participation of the United States in
the International Thermonuclear Experimental Reactor, and for
other purposes; to the Committee on Science, Space, and
Technology.
By Mr. DURBIN:
H.R. 4554. A bill making appropriations for Agriculture,
Rural Development, Food and Drug Administration, and related
agencies programs for the fiscal year ending September 30,
1995, and for other purposes.
By Mr. STENHOLM (for himself, Mr. Roberts, Mr.
Slattery, Mr. Gunderson, Mr. Clinger, Mr. Cooper, Mr.
Emerson, Mr. Laughlin, Ms. Long, Mr. Nussle, Mr.
Oberstar, Mr. Payne of Virginia, Mr. Poshard, Mr.
Rowland, and Mr. Thomas of Wyoming):
H.R. 4555. A bill to provide assistance for the
establishment of community rural health networks in
chronically underserved areas, to provide incentives for
providers of health care services to furnish services in such
areas, to assist providers of emergency medical services in
such areas, and for other purposes; jointly, to the
Committees on Energy and Commerce, Ways and Means, Foreign
Affairs, and the Judiciary.
By Mr. CARR:
H.R. 4556. A bill making appropriations for the Department
of Transportation and related agencies for the fiscal year
ending September 30, 1995, and for other purposes.
By Mr. CALVERT (for himself, Mr. Hall of Texas, Mr.
McCollum, Mr. Traficant, Mr. Bilbray, Mr. Holden, Mr.
Smith of Texas, Mr. Collins of Georgia, Mr. Levy, Mr.
Hunter, Mr. McKeon, Mr. Gallegly, Mr. Archer, Mr.
Cunningham, Mr. Lehman, Mr. Smith of Oregon, Mr.
Emerson, Mr. Rohrabacher, Mr. Shays, Mr. Canady, Mr.
Kim, Mr. Goss, Ms. Molinari, Mr. Gallo, Mrs.
Vucanovich, Mr. Lewis of Florida, Mrs. Roukema, and
Mr. Moorhead):
H.R. 4557. A bill to amend the Social Security Act to
require the Secretary of Health and Human Services to
establish a program to verify employee Social Security
information, and to require employers to use the program; to
the Committee on Ways and Means.
By Mr. FROST:
H.R. 4558. A bill to enhance fairness in compensating
owners of patents used by the United States; to the Committee
on the Judiciary.
By Mr. KLUG (for himself, Mr. Penny, Mr. Ramstad, Mr.
Collins of Georgia, Mr. Doolittle, and Mr. Coble):
H.R. 4559. A bill to amend the Anglo-Irish Agreement
Support Act of 1986 to prohibit United States contributions
to the International Fund for Ireland; to the Committee on
Foreign Affairs.
By Mr. OLVER (for himself, Mrs. Johnson of Connecticut,
Mr. Neal of Massachusetts, Mr. Andrews of Maine, Mr.
Blute, Ms. DeLauro, Mr. Gejdenson, Mr. Kennedy, Mrs.
Kennelly, Mr. Machtley, Mr. Markey, Mr. McHugh, Mr.
Meehan, Mr. Reed, Mr. Sanders, Ms. Snowe, Mr. Studds,
Mr. Swett, Mr. Torkildsen, Mr. Zeliff, and Mr. Franks
of Connecticut):
H.R. 4560. A bill to provide the consent of Congress to the
Northeast Interstate Dairy Compact; to the Committee on the
Judiciary.
By Mr. RANGEL (for himself, Mr. Richardson, Mr. Bonior,
Mr. Owens, Mr. Sanders, Mr. Parker, Mrs. Clayton, Mr.
Rush, Mr. Abercrombie, Mrs. Meek of Florida, Mr.
Olver, Mr. Dellums, Ms. Velazquez, Mr. Barrett of
Wisconsin and Mr. Edwards of California):
H.R. 4561. A bill to amend the Public Health Service Act
and the Social Security Act to provide improved and expanded
access to comprehensive primary health care and related
services for medically underserved and vulnerable populations
through the establishment of financial support for the
development of community-based health networks and plans, to
allow federally assisted health centers to expand their
capacity and develop and operate new sites to serve
underserved and vulnerable populations, to provide certain
financial and other protections for such networks, plans, and
health centers, and to facilitate the involvement of, and
payment to, entities serving underserved and vulnerable
populations in the training and education of primary care
health professionals; jointly, to the Committees on Energy
and Commerce and Ways and Means.
By Mr. STENHOLM:
H.R. 4562. A bill to require the Secretary of Agriculture
to enter into appropriate arrangements with the National
Academy of Sciences to coordinate the development of
recommendations for public policy changes required to
implement an improved inspection program for meat and poultry
products; to the Committee on Agriculture.
By Mr. STUPAK:
H.J. Res. 374. Joint resolution designating August 2, 1994,
as ``National Neighborhood
Crime Watch Day''; to the Committee on Post Office and Civil
Service.
By Mr. GALLO (for himself, Mr. Kleczka, Mr. Manton, Mr.
Lipinski, Mr. Hayes, Mr. Blute, Mr. Emerson, Mr.
Sanders, Mr. Lazio, Mr. Engel, Ms. Molinari, Mr.
Martinez, and Mr. DeFazio):
H. Con. Res. 253. Concurrent resolution expressing the
sense of the Congress that the amount made available for
fiscal year 1995 for the program of the Department of Housing
and Urban Development under section 202 of the Housing Act of
1959 for supportive housing for low-income elderly persons
should not be reduced from the amount made available for
fiscal year 1994; to the Committee on Banking, Finance and
Urban Affairs.
By Mr. MICHEL:
H. Res. 450. Resolution providing that the House make
public in printed form all transcripts and other relevant
documents from any House Administration Committee
investigation of the House post office as soon as possible;
considered and agreed to.
Para. 59.28 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
405. By the SPEAKER: Memorial of the General Assembly of
the Commonwealth of Pennsylvania, relative to the self-
employed reservists who were activated for Operation Desert
Storm; to the Committee on Armed Services.
406. Also, memorial of the General Assembly of the
Commonwealth of Pennsylvania, relative to excluding any
grants to college students from family income for
participation purposes; to the Committee on Education and
Labor.
407. Also, memorial of the Legislature of the State of
Louisiana, relative to giving States more flexibility in the
intrastate funding formula process; to the Committee on
Education and Labor.
408. Also, memorial of the General Assembly of the State of
Colorado, relative to the enforcement of Federal
environmental statutes; to the Committee on Energy and
Commerce.
409. Also, memorial of the Legislature of the State of
Kansas, relative to crude oil production and price stability;
to the Committee on Energy and Commerce.
410. Also, memorial of the Legislature of the State of
Louisiana, relative to preventing the closure of the FDA's
New Orleans District Laboratory; to the Committee on Energy
and Commerce.
411. Also, memorial of the Northern Marianas Commonwealth
Legislature of the Mariana Islands, relative to confering
nonvoting status on the Resident Representative to the United
States; to the Committee on Natural Resources.
412. Also, memorial of the Legislature of the State of
Louisiana, relative to the development of deepwater oil and
natural gas reserves in the Gulf of Mexico; to the Committee
on Natural Resources.
413. Also, memorial of the Legislature of the State of
Missouri, relative to the medicinal use of marijuana; to the
Committee on the Judiciary.
414. Also, memorial of the Senate of the State of Illinois,
relative to preserving all sources of Federal funding for
MEG; to the Committee on the Judiciary.
415. Also, memorial of the Legislature of the State of
Colorado, relative to restricting the Federal courts from
ordering a levy or an increase in taxes; to the Committee on
the Judiciary.
416. Also, memorial of the Legislature of the State of
Kansas, relative to an amendment to the Constitution
requiring the Fed-
[[Page 1093]]
eral Government to pay costs incurred by States in providing
programs and services mandated or required by the Federal
Government; to the Committee on the Judiciary.
417. Also, memorial of the Legislature of the State of
Louisiana, relative to mail order sales taxation; to the
Committee on the Judiciary.
418. Also, memorial of the Legislature of the State of
Louisiana, relative to the collection of sales taxes from
intrastate sales transactions; to the Committee on the
Judiciary.
419. Also, memorial of the General Assembly of the State of
New Jersey, relative to funding for the U.S. Merchant Marine
Academy; to the Committee on Merchant Marine and Fisheries.
420. Also, memorial of the Senate of the State of Illinois,
relative to opposing any reduction in operating subsides for
mass transit; to the Committee on Public Works and
Transportation.
421. Also, memorial of the General Assembly of the State of
New Jersey, relative to the passage of H.R. 2758; jointly, to
the Committees on Agriculture; Banking, Finance and Urban
Affairs; Foreign Affairs; and Ways and Means.
Para. 59.29 private bills and resolutions
Under clause 1 of rule XXII,
Mrs. VUCANOVICH introduced a bill (H.R. 4563) to authorize
the Secretary of Transportation to issue a certificate of
documentation with appropriate endorsement for employment in
the coastwise trade for the vessel Orca; which was referred
to the Committee on Merchant Marine and Fisheries.
Para. 59.30 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 40: Mr. Engel.
H.R. 123: Mrs. Fowler, Mr. Linder, Mr. Cunningham, Mr.
Michel, Mr. Houghton, Mr. Quillen, Mr. Fields of Texas, and
Mr. Hoke.
H.R. 193: Mr. Duncan and Mr. Sundquist.
H.R. 214: Mr. Roemer.
H.R. 291: Mr. Franks of New Jersey, Mr. Lewis of
California, and Mr. Zimmer.
H.R. 300: Ms. Danner.
H.R. 799: Mr. Mica.
H.R. 911: Mr. Holden, Mr. Collins of Georgia, and Mr.
Jacobs.
H.R. 1309: Mr. Inglis of South Carolina and Mr. Baesler.
H.R. 1500: Mr. Sangmeister and Mr. Andrews of New Jersey.
H.R. 1509: Mrs. Mink of Hawaii, Mr. Berman, and Ms.
Velazquez.
H.R. 1671: Mr. Lantos, Mr. Pallone, Mr. Yates, and Mr.
Barrett of Wisconsin.
H.R. 1712: Mr. Royce.
H.R. 1737: Mr. Engel.
H.R. 1906: Mr. Yates and Mr. Washington.
H.R. 2418: Mr. Boehner and Mr. Roth.
H.R. 2462: Mr. Hayes, Mr. Parker, and Mr. Zimmer.
H.R. 2544: Mr. Jefferson.
H.R. 2662: Mr. Cooper and Mr. Bishop.
H.R. 2708: Mr. Roberts and Mr. Manzullo.
H.R. 2898: Ms. Eshoo.
H.R. 2929: Mr. Pete Geren of Texas.
H.R. 3039: Mr. Diaz-Balart.
H.R. 3266: Mr. Tanner.
H.R. 3288: Mr. Stump.
H.R. 3320: Mr. Petri.
H.R. 3407: Mr. Deutsch, Mr. Hastings, Mr. Hall of Texas,
and Mr. Brown of Ohio.
H.R. 3439: Mr. Parker, Mr. Sundquist, Mr. Lewis of Florida,
and Mr. Calvert.
H.R. 3472: Mr. Foglietta, Mr. Brown of Ohio, and Mr. Engel.
H.R. 3546: Mr. Peterson of Minnesota and Mr. Hall of Texas.
H.R. 3663: Mr. Johnston of Florida.
H.R. 3715: Mr. Gallegly, Mr. Gilman, and Mr. Doolittle.
H.R. 3845: Ms. Furse and Mr. Orton.
H.R. 3871: Mr. Sensenbrenner.
H.R. 3875: Mr. Hoke, Mr. Rowland, Mr. Holden, Mr.
Sarpalius, Mr. Bunning, Mr. Goodlatte, Mr. Kingston, Mr.
Collins of Georgia, Mr. Crane, Mrs. Fowler, and Mr. Canady.
H.R. 3885: Ms. Slaughter, Mrs. Morella, Mr. Waxman, Mr.
Lewis of Georgia, Ms. Furse, Mr. Conyers, Mr. Hinchey, and
Mr. Nadler.
H.R. 3943: Mr. Franks of Connecticut.
H.R. 3978: Mr. Barton of Texas.
H.R. 3985: Mr. Porter.
H.R. 4019: Mr. Fish and Mrs. Lloyd.
H.R. 4046: Mr. Stupak.
H.R. 4047: Mr. Porter and Mr. Evans.
H.R. 4050: Mr. Filner and Mr. Chapman.
H.R. 4051: Mr. Nadler.
H.R. 4056: Mrs. Meyers of Kansas, Mr. Upton, and Mr.
Herger.
H.R. 4074: Mr. Berman, Mr. Sabo, Mr. Skeen, Mr. Franks of
New Jersey, Mr. Kyl, Mr. Wise, Mr. Bereuter, and Mrs.
Vucanovich.
H.R. 4095: Mr. Royce and Mr. Ballenger.
H.R. 4124: Mr. Clyburn.
H.R. 4129: Mr. Schiff, Mr. Gallegly, Mr. Olver, Mr. Wise,
Ms. Danner, Mr. Lehman, and Mrs. Thurman.
H.R. 4133: Mr. Upton.
H.R. 4155: Mr. Yates.
H.R. 4162: Mr. Oberstar.
H.R. 4198: Mr. Bereuter.
H.R. 4271: Mr. Quinn and Ms. Schenk.
H.R. 4279: Ms. Eddie Bernice Johnson of Texas, Mr. LaFalce,
Mr. Conyers, Ms. Brown of Florida, Mrs. Morella, Ms. Norton,
Mr. Meehan, Ms. English of Arizona, Mrs. Schroeder, Ms.
Kaptur, Ms. Woolsey, Mrs. Johnson of Connecticut, Ms.
McKinney, and Ms. Lowey.
H.R. 4285: Mr. Lewis of Florida.
H.R. 4314: Mr. Owens and Mr. Dellums.
H.R. 4316: Mr. Engel, Mr. Scott, Mr. Filner, Ms. Velazquez,
and Mr. Hilliard.
H.R. 4318: Mrs. Unsoeld.
H.R. 4347: Mr. Hutchinson.
H.R. 4384: Mr. Richardson, Mr. Talent, Mr. Deutsch, Mr.
Klein, Mr. Pickett, Mr. Bereuter, Mr. Borski, Mr. Traficant,
Ms. Velazquez, and Mr. Holden.
H.R. 4386: Mr. Cooper, Mr. Edwards of Texas, and Mr. Kyl.
H.R. 4399: Ms. Molinari, Mr. Weldon, Mr. Deutsch, Mr.
Chapman, Mr. Conyers, Mr. Rahall, and Mr. McHugh.
H.R. 4414: Mr. Neal of North Carolina and Mr. Holden.
H.R. 4434: Mr. Barrett of Wisconsin, Mr. Bereuter, Mr.
Frost, and Mr. Kleczka.
H.R. 4527: Mr. Bilbray.
H.R. 4528: Mr. Deutsch.
H.R. 4540: Mr. Bishop, Ms. Brown of Florida, Mr. McHugh,
Mr. DeFazio, Mrs. Lloyd, and Mr. Collins of Georgia.
H.J. Res. 1: Miss Collins of Michigan.
H.J. Res. 282: Mrs. Vucanovich.
H.J. Res. 297: Mr. Shays, Mr. Gillmor, and Mr. McCloskey.
H.J. Res. 328: Mr. Ramstad.
H.J. Res. 332: Mr. McNulty, Mr. Skeen, Mr. Cramer, and Mr.
de la Garza.
H.J. Res. 359: Mr. Gilman, Mr. Hall of Ohio, Mr. Andrews of
New Jersey, Mr. Ackerman, Mr. Bilirakis, Mr. Evans, Mr.
Applegate, Mr. Valentine, Mr. Kolbe, Mr. Sisisky, Mr. Lewis
of California, Mr. Holden, Mr. Castle, Mr. Moorhead, Mr.
Stokes, Mr. Young of Florida, Mr. Miller of California, Mrs.
Byrne, Mr. Levy, Mr. DeFazio, Mr. Upton, Ms. Furse, and Mr.
Kreidler.
H.J. Res. 373: Mr. Sanders and Mr. Smith of New Jersey.
H. Con. Res. 5: Mr. Clyburn.
H. Con. Res. 210: Mr. Hoke.
H. Res. 255: Mr. Franks of Connecticut.
H. Res. 266: Mr. Paxon.
H. Res. 291: Mr. Inhofe.
H. Res. 372: Ms. Eshoo and Mr. Stokes.
H. Res. 436: Mr. Istook and Mr. Shays.
H. Res. 448: Mr. Boehner, Mr. Klug, Mrs. Schroeder, Mr.
Shays, and Mr. Brewster.
Para. 59.31 petitions, etc.
Under clause 1 of rule XXII,
95. The SPEAKER presented a petition of the mayor of the
city of Schenectady, NY, relative to crime; which was
referred to the Committee on the Judiciary.
Para. 59.32 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 146: Mr. Packard.
.
FRIDAY, JUNE 10, 1994 (60)
Para. 60.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
MONTGOMERY, who laid before the House the following communication:
Washington, DC,
June 10, 1994.
I hereby designate the Honorable G.V. (Sonny) Montgomery to
act as Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Para. 60.2 approval of the journal
The SPEAKER pro tempore, Mr. MONTGOMERY, announced he had examined and
approved the Journal of the proceedings of Thursday, June 9, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 60.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3360. A letter from the Secretary of Agriculture,
transmitting a draft of proposed legislation to amend the
Federal Meat Inspection Act and the Poultry Products
Inspection Act to require meat and poultry slaughter and
processing establishments to pay the cost of Federal
inspection for extra shifts; to the Committee on Agriculture.
3361. A letter from the Federal Housing Finance Board,
transmitting the Board's Annual Enforcement Report covering
the period of January 1, 1993 through December 31, 1993,
pursuant to 12 U.S.C. 1833; to the Committee on Banking,
Finance and Urban Affairs.
3362. A letter from the Chairman, Board of Directors,
Corporation for Public Broadcasting, transmitting the
semiannual report on the activities of the inspector general
for the period October 1, 1993 through March 31, 1994,
pursuant to Public Law 95-452, section 5(b) (102 Stat. 2526);
to the Committee on Government Operations.
3363. A letter from the Director, United States Arms
Control and Disarmament Agency, transmitting a draft of
proposed legislation entitled, ``Chemical Weapons Convention
Implementation Act of 1994''; jointly, to the Committees on
Foreign Affairs, the Judiciary, and Energy and Commerce.
Para. 60.4 california desert protection
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to House
[[Page 1094]]
Resolution 422 and rule XXIII, declared the House resolved into the
Committee of the Whole House on the state of the Union for the further
consideration of the bill (H.R. 518) to designate certain lands in the
California Desert as wilderness, to establish the Death Valley and
Joshua Tree National Parks and the Mojave National Monument, and for
other purposes.
The SPEAKER pro tempore, Mr. MONTGOMERY, by unanimous consent,
designated Mr. PETERSON of Florida, as Chairman of the Committee of the
Whole; and after some time spent therein,
Para. 60.5 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the amendment submitted by Mr. THOMAS of California, as
amended by the amendment submitted by Mr. MILLER of California, agreed
to earlier.
Amendment submitted by Mr. THOMAS of California:
On page 6, delete lines 13 through 22 and insert the
following in lieu thereof: ``(1) Certain lands in the
California Desert Conservation Area, the Bureau of Land
Management which comprise approximately seventy-four thousand
two hundred and fifty acres, as generally depicted on a map
entitled `Argus Range Wilderness--Proposed 1', dated May
1991, and two maps entitled `Argus Range Wilderness--Proposed
2', dated January 1989, and Argus Range Wilderness--Proposed
3', dated May 1994, and which shall be known as the Argus
Range Wilderness.''
Amendment submitted by Mr. MILLER of California:
Revise the amendment to read as follows:
On page 6, line 24, after the period add the following:
If at any time within 15 years after the date of enactment
of this Act the Secretary of the Navy notifies the Secretary
of the Interior that permission has been granted to use lands
within the area of the China Lake Naval Air Warfare Center
for installation of a space energy laser facility, and that
establishment of a right-of-way across lands within the Argus
Range Wilderness is desirable in order to facilitate access
to the lands to be used for such facility, the Secretary of
the Interior, pursuant to the Federal Land Policy and
Management Act of 1976, may grant a right-of-way for, and
authorize construction of, a road to be used solely for that
purpose across such lands, notwithstanding the designation of
such lands as wilderness. So far as practicable, any such
road shall be aligned in a manner that takes into account the
desirability of minimizing adverse impacts on wilderness
values.
It was decided in the
Yeas
396
<3-line {>
affirmative
Nays
1
Para. 60.6 [Roll No. 229]
AYES--396
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Combest
Condit
Conyers
Coppersmith
Costello
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Furse
Gallegly
Gallo
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Ortiz
Owens
Oxley
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Reynolds
Richardson
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Scott
Sensenbrenner
Serrano
Shaw
Shays
Shepherd
Sisisky
Skaggs
Skeen
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Wheat
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--1
Gonzalez
NOT VOTING--42
Ballenger
Barton
Bevill
Blackwell
Clay
Collins (MI)
Cooper
Cox
Dicks
Faleomavaega (AS)
Flake
Foglietta
Frost
Gejdenson
Grandy
Hastert
Hastings
Laughlin
Machtley
McCurdy
Meek
Moakley
Murtha
Orton
Packard
Rangel
Ridge
Romero-Barcelo (PR)
Royce
Sanders
Schumer
Sharp
Shuster
Skelton
Slattery
Solomon
Sundquist
Tucker
Washington
Weldon
Whitten
Williams
So the amendment, as amended, was agreed to.
After some further time,
Para. 60.7 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. HUNTER:
Page 34, after line 25, insert the following:
law enforcement access
Sec. 112. Nothing in this Act, including the wilderness
designations made by this Act, may be construed to preclude
Federal, State, and local law enforcement agencies from
conducting law enforcement and border operations as permitted
before the enactment of this Act, including the use of motor
vehicles and aircraft, on any lands designated as wilderness
by this Act.
It was decided in the
Yeas
389
<3-line {>
affirmative
Nays
0
Para. 60.8 [Roll No. 230]
AYES--389
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Combest
Condit
Conyers
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
[[Page 1095]]
Deutsch
Diaz-Balart
Dickey
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Furse
Gallegly
Gallo
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Menendez
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Ortiz
Owens
Oxley
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Reynolds
Richardson
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Sisisky
Skaggs
Skeen
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--50
Bacchus (FL)
Ballenger
Barton
Bevill
Bishop
Blackwell
Clay
Collins (MI)
Cooper
Dicks
Faleomavaega (AS)
Fields (TX)
Flake
Foglietta
Frost
Gejdenson
Grandy
Hastings
Hilliard
Johnston
Kleczka
Laughlin
Machtley
McCurdy
Meek
Meyers
Moakley
Murphy
Murtha
Orton
Packard
Pickle
Rangel
Ridge
Roberts
Romero-Barcelo (PR)
Royce
Sanders
Schumer
Shuster
Skelton
Slattery
Solomon
Sundquist
Thompson
Tucker
Washington
Weldon
Wheat
Whitten
So the amendment was agreed to.
After some further time,
Para. 60.9 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendments en bloc submitted by Mr. POMBO:
--Page 34, after line 25, add the following:
access roads
Sec. 112. Notwithstanding any other provision of this Act,
there are hereby designated access routes on existing roads,
trails, and ways, as mapped by the United States Geological
Survey, Bureau of Land Management, and the Automobile Club of
Southern California, as follows:
Argus Range, WSA 132B, Attached Map #7, Desert Map #3-5 &
D12 (now Argus Range and Death Valley National Park
Proposed--12):
Bendire Canyon Road, 18 Acres, Cherrystem 3 Miles;
Bruce Canyon Road, 12 Acres, Cherrystem 2 Miles;
Knight Canyon road, 18 Acres, Cherrystem 3 Miles;
Kopper King Springs Road, 12 Acres, Cherrystem 2 Miles;
Stone Canyon Road, 24 Acres, Corridor 4 Miles;
Water Canyon Road, 24 Acres, Cherrystem 4 Miles;
WSA Acreage (74,890) 82,400-105=82,395--18 Miles.
Bighorn Mountains, WSA 217, Attached Map #8, Desert Map #8:
Rattlesnake Canyon Road, 36 Acres, Corridor 6 Miles;
WSA Acreage (39,200) 39,200-36=39,164--6 Miles.
Big Maria Mountains, WSA 321, Attached Map #9, Desert Map
#9:
Move north boundary to Quien Safe Road, Loss of appx. 4,480
acres):
Maria Mountain Road, 12 Acres, Corridor 2 Miles;
Quien Sabe Road, 30 Acres, Corridor 5 Miles;
WSA Acreage (47,570) 49,700-42=49,658--7 Miles; Or
49,700-4,480=45,220-12=45,676--2 Miles.
Bright Star, WSA 160B, Attached Map #11, Desert Map #12:
Cortez Springs Road, 30 Acres, Corridor 5 Miles;
WSA Acreage (9,520 10,800-30=10,770--5 Miles.
Cady Mountains, WSA 251, Attached Map #12, Desert Map #14:
Afton/Basin Loop, 54 Acres, Boundary 9 Miles;
Canyon Crest Road, 66 Acres, Cherrystem 11 Miles;
Hector Road, 36 Acres, Boundary 6 Miles;
North Canyon Road, 30 Acres, Cherrystone 5 Miles;
South Canyon Road, 36 Acres, Cherrystem 6 Miles;
Valley Center Road, 102 Acres, Corridor 17 Miles;
WSA Acreage (85,970) 122,000-324=121,676--54 Miles.
Chemehuevi Mountains, WSA 310, Attached Map #14, Desert Map
#16:
Blue Boy Mine Road, 24 Acres, Cherrystem 4 Miles;
Picture Rock Road, 12 Acres, Cherrystem 2 Miles;
Red Rock Falls Road, 30 Acres, Cherrystem 5 Miles;
Studio Spring Road, 30 Acres, Cherrystem 5 Miles;
Trampas Canyon Road, 66 Acres, Cherrystem 11 Miles;
WSA Acreage (64,640) 95,820-162=95,668--27 Miles.
Chuckwalla Mountains, WSA 348, Attached Map #16, Desert Map
#19-21:
Lost Pony Mine Road, 12 Acres, Corridor 2 Miles;
WSA Acreage (80,770) 86,400-12=86,399--2 Miles.
Cleghorn Lakes, WSA 304, Attached Map #19, Desert Map #22:
Bullion Mountains Road, 24 Acres, Boundary 4 Miles;
Copper World Mine Road, 12 Acres, Cherrystem 2 Miles;
WSA Acreage (34,380) 42,020-36=41,984--6 Miles.
Coso Range, WSA 131, Attached Map #20, Desert Map #24:
Joshua Flats Road, 54 Acres, Cherrystem 9 Miles;
WSA Acreage (50,520) 53,940-54=53,886--9 Miles.
Dead Mountains, WSA 276, Attached Map #21, Desert Map #27:
Ibis Road, 30 Acres, Cherrystem 5 Miles;
Picture Canyon Road, 24 Acres, Boundary 4 Miles;
WSA Acreage (48,850) 57,200-54=57,146--9 Miles.
Funeral Mountains, WSA 143, Attached Map #25, Desert Map
#33 & D18 (now Funeral Mountains & Death Valley National Park
Proposed--18):
Funeral Mountain Pass, 30 Acres, Corridor 5 Miles;
WSA Acreage (28,110) 28,100-30=28,070--5 Miles; Originally
65,000, 36,890 went to DVNP.
Golden Valley, WSA 170, Attached Map #26, Desert Map #34:
Golden Valley Pass, 54 Acres, Corridor 9 Miles;
Steam Well Road, 30 Acres, Corridor 5 Miles;
WSA Acreage (37,700) 37,700-84=37,616--14 Miles.
Granite Mountains, WSA 256, Attached Map #27, Desert Map
#35, 36 & M7 (now Bristol Mountains & Mojave National Park
Proposed--7):
Heritage Trail, 60 Acres, Corridor 10 Miles;
Onyx Mine Road, 18 Acres, Cherrystem 3 Miles;
WSA Acreage (na) 84,980-78=84,902--13 Miles; Originally
134,900, 49,920 went to MNP.
Grass Valley, WSA 173A, Attached Map #28, Desert Map #37:
Bird Spring Road, 54 Acres, Corridor 9 Miles;
Grass Valley Road, 24 Acres, Corridor 4 Miles;
WSA Acreage (31,720) 33,000-78=32,922 13 Miles.
Ibex, WSA 149, Attached Map #31, Desert Map #40 & D21 (now
Death Valley National Park Proposed--21):
American Mine Road, 18 Acres, Cherrystem 3 Miles;
Confidence Road, 18 Acres, Boundary 3 Miles;
Gladstone Mine Road, 48 Acres, Cherrystem 8 Miles;
Rusty Pick Road, 12 Acres, Cherrystem 2 Miles;
[[Page 1096]]
Sheephead Pass Road, 60 Acres, Corridor 10 Miles;
WSA Acreage (26,460) 26,460-156=26,304--26 Miles;
Originally 53,500 27,040 went to DVNP.
Indian Pass, WSA 355, Attached Map #32, Desert Map #41:
Julian Wash Road, 60 Acres, Corridor 10 Miles;
WSA Acreage (35,015) 40,400-60=40,340--10 Miles.
Inyo Mountains, WSA 120/122, Attached Map #33, Desert Map
#42-44, D6 & 7 (now Inyo Mountains and Death Valley National
Park Proposed--6 & 7):
Blackrock Well Road, 48 Acres, Cherrystem 8 Miles;
Blue Monster Mine Road, 66 Acres, Cherrystem 11 Miles;
Bunker Hill Mine Road, 18 Acres, Cherrystem 3 Miles;
Burgess Well Road, 42 Acres, Cherrystem 7 Miles;
Pat Keyes Canyon Road, 24 Acres, Cherrystem 4 Miles;
Seep Hole Spring Road, 30 Acres, Corridor 5 Miles;
Side Hill Spring Road, 48 Acres, Corridor 8 Miles;
Squaw Spring Road, 18 Acres, Corridor 3 Miles;
WSA Acreage (205,020) 205,020-294=204,726--49 Miles;
Originally 266,300 61,290 went to DVNP.
Jacumba Mountains, WSA 368, Attached Map #34, Desert Map
#45:
Easy Pickins Mine Loop Road, 78 Acres, Corridor 13 Miles;
WSA Acreage (34,550) 37,000-78=36,922--13 Miles.
Kelso Dunes, WSA 250, Attached Map #35, Desert Map #46-48 &
MB (now Kelso Dunes and Mojave National Park Proposed--7):
Bristol Mine Road, 42 Acres, Cherrystem 7 Miles;
Hytem Spring Pass Road, 96 Acres, Corridor 16 Miles;
Hytem Spring Road, 18 Acres, Cherrystem 3 Miles;
Natural Arch Road, 48 Acres, Cherrystem 8 Miles;
WSA Acreage (129,580) 129,580-204=129,376--34 Miles;
Originally 215,100 85,520 went to DVNP.
Kiavah, WSA 159, Attached Map #37, Desert Map #49 & 50:
McIvers Spring Road, 36 Acres, Cherrystem 6 Miles;
Cholla Canyon Road, 42 Acres, Corridor 7 Miles;
WSA Acreage (88,290) 90,200-78=90,122--13 Miles.
Kingston Mountains, WSA 222, Attached Map #38, Desert Map
#51-54:
Eastern Star Mine Road, 42 Acres, Cherrystem 7 Miles;
Kingston Wash Road, 60 Acres, Corridor 10 Miles;
Old Salt Lake Trail Road, 84 Acres, Corridor 14 Miles;
Shadow Valley Road, 60 Acres, Corridor 10 Miles;
WSA Acreage (249,368) 269,500-246=269,254--41 Miles.
Little Chuckwalla Mountains, WSA 350, Attached Map #40,
Desert Map #55:
Little Chuckwalla Pass Road, 18 Acres, Corridor 3 Miles;
Teague Well Road, 48 Acres, Corridor 8 Miles;
WSA Acreage (46,460) 53,000-66=52,934--11 Miles.
Little Pichacho, WSA 356, Attached Map #41, Desert Map #56:
Copper Basin Road, 6 Acres, Corridor 1 Mile;
Hess Mine Road, 12 Acres, Cherrystem 2 Miles;
Marcus Wash Road, 24 Acres, Corridor 4 Miles;
Senator Pass Road, 48 Acres, Corridor 8 Miles;
WSA Acreage (36,440) 41,940-90=41,850--13 Miles.
Mecca Hills, WSA 343, Attached Map #43, Desert Map #59:
Hidden Spring Road, 24 Acres, Cherrystem 4 Miles;
WSA Acreage (24,280) 25,360-24=25,336--4 Miles; Originally
35,280 9,920 was deleted on map.
Mesquite, WSA 225, Attached May #44, Desert Map #60:
Mesquite Pass Road, 42 Acres, Corridor 7 Miles;
WSA Acreage (47,330) 57,800-42=57,758--7 Miles.
Nopah Range, WSA 150, Attached Map #46, Desert Map #63:
Chicago Valley Road, 48 Acres, Boundary 8 Miles;
Old Traction Road, 90 Acres, Boundary 15 Miles;
Pahrump Peak Road, 24 Acres, Cherrystem 4 Miles;
Shaw Mine Road, 12 Acres, Cherrystem 2 Miles;
WSA Acreage (110,880). 116,000- 174=115.826--27 Miles
North Mesquite Mountains, WSA 223, Attached Map #48, Desert
Map #66:
Cub Lee Road, 6 Acres, Corridor 1 Mile;
Old Salt Lake Trail Road, 12 Acres, Boundary 2 miles;
WSA Acreage (25,540) 27,800-18=27,782--3 Miles.
Old Women Mountains, WSA 299, Attached Mad #50, Desert Map
#67 & 68:
Delete from Wilderness Consideration -146,070=0 (entire
area); or
Black Metal Mine Pass Road, 60 Acres, Corridor 10 Miles.
Enterprise Mine Road, 24 Acres, Cherrystem 4 Miles.
Heritage Trail Road, 36 Acres, Corridor 6 miles.
Mercury Mountain Road, 18 Acres, Boundary 3 Miles.
Old Woman Loop Road, 66 Acres, Corridor 11 Miles.
Painted Rock Loop Road, 18 Acres, Corridor 3 Miles.
Sweetwater/Paramount Road, 36 Acres, Corridor 6 Miles.
Willow Spring Road, 12 Acres, Cherrystem 2 Miles.
WSA Acreage (146,070) 191,000-270=190,830--45 Miles.
Orocopia Mountains, WSA 344, Attached Map #51, Desert Map
#69:
Orocopia Pass, 54 Acres, Corridor 9 Miles;
Red Canyon, 42 Acres, Boundary 7 Miles;
WSA Acreage (40,770) 56,140-96=56,044--16 Miles; originally
77,900 21,760 deleted on map.
Owens Peak, WSA 158, Attached Map #52, Desert Map #70-72:
Cow Canyon Road, 18 Acres, Cherrystem 3 Miles;
Sand Canyon Road, 24 Acres, Cherrystem 4 Miles;
Three Pines Canyon Road, 18 Acres, Cherrystem 3 Miles;
Walker Well Road, 24 Acres, Cherrystem 4 Miles;
WSA Acreage (74,640) 78,200-84=78,116--14 Miles.
Pahrump Valley, WSA 154, Attached Map #54, Desert Map #73;
Blackwater Well Pass, 72 Acres, Corridor 12 Miles;
Old Traction Road, 78 Acres, Boundary 13 Miles;
Pahrump Valley Road, 54 Acres, Boundary 9 Miles;
WSA Acreage (74,800) 79,000-204=78,796--34 Miles.
Palen/McCoy, WSA 325, Attached Map #55, Desert Map #74 &
75:
Sand Draw Road, 24 Acres, Corridor 4 Miles;
Tank Spring Road, 36 Acres, Corridor 6 Miles;
WSA Acreage (214,149) 225,300-60=225,240--10 Miles.
Palo Verde Mountains, WSA 352, Attached Map #56, Desert Map
#76:
Clapp Spring Loop Road, 18 Acres, Boundary 3 Miles;
Flat Top Road, 18 Acres, Cherrystem 3 Miles;
WSA Acreage (32,320) 32,320-36=32,284--6 Miles.
Picacho Peak, WSA 355a, Attached Map #57, Desert Map #77:
Bear Canyon Road, 18 Acres, Corridor 3 Miles;
Carrizo Falls Road, 18 Acres, Boundary 3 Miles;
WSA Acreage (7,700) 10,499-36=10,364--6 Miles.
Piper Mountain, WSA 155, Attached Map #58, Desert Map #79:
Horse Thief Canyon Road, 48 Acres, Boundary 8 Miles;
Lime Hill Pass Road, 48 Acres, Boundary 8 Miles;
Mount Nunn Road, 36 Acres, Cherrystem 6 Miles;
Piper Pass, 42 Acres, Corridor 7 Miles;
Soldier Pass Road, 30 Acres, Corridor 5 Miles;
WSA Acreage (72,600) 86,200-204=85,996--34 Miles.
Piute Mountain, WSA 288, Attached Map #59, Desert Map #80;
Fenner Pass Road, 48 Acres, Corridor 8 Miles;
Piute Mine Loop Road, 36 Acres, Cherrystem 6 Miles;
WSA Acreage (37,800) 52,800-84=52,716--14 Miles.
Resting Spring Range, WSA 145, Attached Map #61, Desert Map
#81:
Old Traction Road, 36 Acres, Boundary 6 Miles;
WSA Acreage (78,868) 84,000-36=83,964--6 Miles.
Rice Valley, WSA 322, Attached Map #62, Desert Map #82:
Eagle Nest Mine Loop, 60 Acres, Corridor 10 Miles.
Riverside Mountains, WSA 321A, Attached Map #63, Desert Map
#83:
Gold Rice Mine Road, 36 Acres, Corridor 6 miles;
Old Blythe/Vidal Road (Big Wash), 24 Acres, Corridor 4
Miles;
WSA Acreage (22,380) 25,300-60=25,240--10 Miles.
Sacatar, WSA 157, Attached Map #64.5, Desert Map #85 & 86:
Sacatar Trail, 42 Acres, Corridor 7 Miles;
WSA Acreage (51,900) 52,600-42=52,558--7 Miles.
Santa Rosa Wilderness, WSA 341, Attached Map #66, Desert
Map #89:
Pinyon Alta Flat Road, 42 Acres, Cherrystem 7 Miles;
WSA Acreage (53,240) 78,200-42=78,158--7 Miles.
Sawtooth Mountains, WSA 060, Attached Map #67, Desert Map
#90:
Canebrake Road, 18 Acres, Corridor 3 Miles;
Potrero Road, 24 Acres, Cherrystem 4 Miles;
WSA Acreage (35,400) 35,610-42=35,568--7 Miles.
Sheep Hole Valley, WSA 305, Attached Map #69, Desert Map
#91 & 92:
Delete from Wilderness Consideration -174,800=0 (Entire
Area); or
Make Sheep Hole Valley Road northeast Boundary =51,200; or
Sheep Hole Valley Road, 86 Acres, Corridor 16 Miles;
WSA Acreage (174,800) 208,900-96=208,804--16 Miles.
Stepladder Mountains, WSA 294, Attached Map #75, Desert Map
#100:
[[Page 1097]]
Chemehuevi Valley Road, 60 Acres, Corridor 10 Miles;
East Stepladder Mountain Road, 60 Acres, Corridor 10 Miles;
North Pass Road, 36 Acres, Corridor 5 Miles;
WSA Acreage (81,600) 85,300-156=85,144--26 Miles.
Turtle Mountains, WSA 307, Attached Map #78, Desert Map
#104 & 105:
Castle Rock Road, 36 Acres, Cherrystem 6 Miles;
Heritage Trail Road, 90 Acres, Corridor 15 Miles;
Virginia May Mine Road, 18 Acres, Cherrystem 3 Miles;
Horn Peak Well Road, 36 Acres, Cherrystem 6 Miles;
WSA Acreage (144,500) 189,300-180=189,120--30 Miles.
Whipple Mountains, WSA 312, Attached Map #79, Desert Map
#106:
Whipple Well Road, 30 Acres, Cherrystem 5 Miles.
--Page 39, after line 4, add the following:
access roads
Sec. 208. Notwithstanding any other provision of this Act,
there are hereby designated access routes on existing roads,
trails, and ways, as mapped by the United States Geological
Survey, Bureau of Land Management, and the Automobile Club of
Southern California, as follows:
Greenwater Range, WSA 147, Attached Map #29, Desert Map
#D19 & D20 (now Death Valley National Park Proposed--19 &
20):
Greenwater Pass Road, 48 Acres, Corridor, 8 Miles;
WSA Acreage (na), 163,900-48=163,852, 8 Miles.
Greenwater Valley, WSA 148, Attached Map #30, Desert Map
#D24 (now Death Valley National Park Proposed--1):
Virgin Spring Road, 48 Acres, Cherrystem, 8 Miles;
WSA Acreage (na), 54,600-48=54,552, 8 Miles.
Hunter Mountain, WSA 123, Attached Map #30.5, Desert Map
#D25 (now Death Valley National Park Proposed--2):
Dodd Springs Road, 48 Acres, Corridor, 8 Miles;
WSA Acreage (na), 26,400-48=26,352, 8 Miles.
Ibex, WSA 149, Attached Map #31, Desert Map #40 & D21 (now
Death Valley National Park Proposed--21):
American Mine Road, 18 Acres, Cherrystem, 3 Miles;
Confidence Road, 18 Acres, Boundary, 3 Miles;
Rusty Pick Road, 12 Acres, Cherrystem, 2 Miles;
Sheephead Pass Road, 60 Acres, Corridor, 10 Miles.
Inyo Mountains, WSA 120/122, Attached Map #33, Desert Map
#42-44, D6 & 7 (now Inyo Mountains and Death Valley National
Park Proposed--6 & 7):
Blue Monster Mine Road, 66 Acres, Cherrystem 11 Miles;
Pat Keyes Canyon road, 24 Acres, Cherrystem 4 Miles.
Last Chance Range, WSA 112, Attached Map #39, Desert Map
#D4:
Cottonwood Creek Road, 24 Acres, Boundary, 4 Miles;
Last Chance Road, 42 Acres, Boundary, 7 Miles;
WSA Acreage (na), 44,900-66=4,834, 11.
Manly Peak, WSA 124, Attached Map #42, Desert Map #D16,
(now Death Valley National Park Proposed--16):
Redlands Canyon Road, 24 Acres, Cherrystem, 3 Miles;
WSA Acreage (16,105), 20700-24=20,676, 3 Miles;, Originally
27,100, 4,595 went to DVNP and 6,400 deleted on map.
North Death Valley, WSA 118/119, Attached Map #47, Desert
Map #D5 (now Death Valley National Park Proposed--5):
Oriental Road, 24 Acres, Boundary, 4 Miles;
WSA Acreage (na), 50,200-24=50,176, 4 Miles.
Owlshead Mountains, WSA 156, Attached Map #53, Desert Map
#D17 (now Death Valley National Park Proposed--17):
Lost Lake Road, 48 Acres, Cherrystem, 8 Miles;
Owl Lake Road, 30 Acres, Cherrystem, 5 Miles;
Owlshead Mountain Road, 78 Acres, Corridor, 13 Miles;
Quail Spring Road, 36 Acres, Cherrystem, 6 Miles;
WSA Acreage (na), 136,100-192=135,908, 32 Miles.
Saline Valley, WSA 117/117A, Attached Map #65, Desert Map
#D8-10 (now Death Valley National Park Proposed--8):
Eureka Dunes to Saline Valley via Marble Bath, 180 Acres,
Corridor, 30 Miles;
WSA Acreage (na), 486,300-180=486,120, 30 Miles.
Surprise Canyon, WSA 136, Attached Map #76, Desert Map #101
& D15 (now Surprise Canyon and Death Valley National Park
Proposed--15):
Hall/Jail Canyon High Road, 36 Acres, Cherrystem 6 Miles;
Tuber Canyon Road, 30 Acres, Cherrystem 5 Miles;
WSA Acreage (29,180), 29,180-66=29,114, 11 Miles;
Originally 66,200, 37,020 now in DVNP.
Slate Range/So. Panamint, WSA 137/142, Attached Map #71,
Desert Map #D16 (now Death Valley National Park Proposed--
16):
North Windgate Pass Road, 48 Acres, Corridor, 8 Miles;
WSA Acreage (na), 86,420-48=86,372, 8 Miles; Originally
106,900, 20,480 deleted on map.
--Page 43, after line 12, add the following:
access roads
Sec. 308. Notwithstanding any other provision of this Act,
there are hereby designated access routes on existing roads,
trails, and ways, as mapped by the United States Geological
Survey, Bureau of Land Management, and the Automobile Club of
Southern California, as follows:
Eagle Mountain, WSA 334, Attached Map #22, Desert Map #J3,
(now Joshua Tree National Park Proposed--2):
Big Wash Road, 72 Acres, Corridor, 12 Miles;
Storm Jade Mine Road, 48 Acres, Corridor, 8 Miles;
WSA Acreage (na) 67,500-120=67,380--20 Miles.
--Page 54, after line 4, add the following:
access roads
Sec. 416. Notwithstanding any other provision of this Act,
there are hereby designated access routes on existing roads,
trails, and ways, as mapped by the United States Geological
Survey, Bureau of Land Management, and the Automobile Club of
Southern California, as follows:
Castle Peaks, WSA 266, Attached Map #13, Desert Map #M2,
(now Mojave National Park Proposed--1):
Coats Spring Road, 12 Acres, Cherrystem, 2 Miles;
Crescent Peak Road, 36 Acres, Boundary, 6 Miles;
Dove Spring Road, 90 Acres, Corridor, 15 Miles;
Indian Spring Road, 12 Acres, Cherrystem, 2 Miles;
Juniper Spring Loop, 48 Acres, Cherrystem, 8 Miles;
WSA Acreage (na) 49,700-186=49,514--31 Miles.
Cima Dome, WSA 237/238, Attached Map #17, Desert Map #M3,
(now Mojave National Park Proposed--2):
Deer Spring Loop, 48, Corridor, 8;
WSA Acreage (na) 28,600-48=28,552--8 Miles.
Cinder Cones, WSA 239, Attached Map #18, Desert Map #M4,
now MNP--3):
Cane Spring Road, 24 Acres, Corridor, 4 Miles;
Club Peak Road, 48 Acres, Corridor, 8 Miles;
Granite Spring Road, 78 Acres, Corridor, 13 Miles;
Indian Spring Road, 12 Acres, Cherrystem, 2 Miles;
WSA Acreage (na) 63,300-162=63,138--27 Miles.
Fort Piute, WSA 267, Attached Map #23, Desert Map #M6, (now
Mojave National Park proposed--5):
Piute Mountains Road, 36 Acres, Boundary, 6 Miles, (Use
road as Boundary, loss of 2,480 acres):
WSA Acreage (na) 72,400-36=72,364--6 Miles, Or
72,400-2,480=69,920-0=69,920--0 Miles.
Kelso Mountains, WSA 249, Attached Map #36, Desert Map #M9,
(now Mojave National Park Proposed--8):
Kelso Mine Road, 24 Acres, Cherrystem, 4 Miles;
Old Baker to Kelso, Road, 72 Acres, Corridor, 12 Miles;
WSA Acreage (na) 80,500-96=80,404--16 Miles.
Granite Mountains, WSA 256, Attached Map #27, Desert Map
#35, 36 & M7, (now Bristol Mountains & Mojave National Park
Proposed-7):
Heritage Trail, 60 Acres, Corridor--10 Miles;
Midhills, WSA 264, Attached Map #45, Desert Map #M13, (now
Mojave National Park Proposed--2):
Wildcat Springs Road, 36 Acres, Corridor--6 Miles;
WSA Acreage (na) 22,900-36=22,864--6 Miles.
Old Dad Mountains, WSA 243, Attached Map #49, Desert Map
#M10, (now Mojave National Park Proposed--9):
Mojave Road Wet Weather Loop Road, 54 Acres, Corridor--9
Miles;
WSA Acreage (na) 100,560-54=100,506--9 Miles.
Providence Mountains: WSA 263, Attached Map #60, Desert Map
#M15:
Barber Well Road, 12 Acres, Cherrystem, 2 Miles;
Beecher Canyon Road, 12 Acres, Cherrystem, 2 Miles;
Summit Spring Road, 12 Acres, Cherrystem, 2 Miles;
Tough Nut Spring Road, 36 Acres, Corridor, 6 Miles;
Whiskey Spring Road, 12 Acres, Cherrystem, 2 Miles;
WSA Acreage (na) 64,400-84=64,316, 14 Miles.
South Providence:
Mountains, WSA 262, Attached Map #74, Desert Map #M8, (now
Mojave National Park Proposed--7)
Quail Spring Road, 36 Acres, Corridor, 6 Miles;
WSA Acreage (na) 25,700-36=25,664--6 Miles.
Table Mountain, WSA 270, Attached Map #77, Desert Map #M17,
(now Mojave National Park Proposed--6):
Woods Wash Road, 24 Acres, Corridor 4 Miles;
WSA Acreage (na) 10,000-24=9,976, 4 Miles.
Woods Mountain, WSA 271, Attached Map #81, Desert Map #M18,
(now Mojave National Park proposed--7):
Black Canyon Connection Road, 18 Acres, Corridor, 3 Miles;
Hackberry Mountain Loop Road, 48 Acres, Corridor, 8 Miles;
Watson Wash Road, 24 Acres, Corridor, 4 Miles;
[[Page 1098]]
Woods Wash Road, 36 Acres, Corridor, 6 Miles;
WSA Acreage (na) 79,400-126=79,274--21 Miles.
It was decided in the
Yeas
169
<3-line {>
negative
Nays
191
Para. 60.10 [Roll No. 231]
AYES--169
Allard
Applegate
Archer
Armey
Bachus (AL)
Baesler
Baker (LA)
Barcia
Barrett (NE)
Bartlett
Bateman
Bentley
Bereuter
Bliley
Blute
Boehner
Bonilla
Brewster
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Carr
Castle
Chapman
Clinger
Coble
Collins (GA)
Combest
Condit
Cox
Crane
Crapo
Cunningham
Danner
DeLay
Diaz-Balart
Dingell
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Emerson
Everett
Ewing
Fowler
Gallegly
Gallo
Gekas
Geren
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Green
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kaptur
Kasich
Kim
King
Kingston
Knollenberg
Kolbe
Kyl
Lambert
Lazio
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lucas
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Mica
Michel
Miller (FL)
Molinari
Moorhead
Myers
Nussle
Ortiz
Oxley
Paxon
Petri
Pombo
Portman
Poshard
Pryce (OH)
Quinn
Regula
Rogers
Rohrabacher
Roth
Rowland
Sangmeister
Santorum
Schiff
Sensenbrenner
Shaw
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Spence
Stearns
Stenholm
Strickland
Stump
Stupak
Talent
Taylor (MS)
Tejeda
Thomas (CA)
Thomas (WY)
Thurman
Torkildsen
Torres
Traficant
Upton
Valentine
Vucanovich
Walker
Wilson
Wolf
Young (AK)
Young (FL)
Zeliff
NOES--191
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Barca
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bilbray
Bonior
Borski
Boucher
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Clayton
Clement
Clyburn
Collins (IL)
Coppersmith
Costello
Coyne
Cramer
Darden
de la Garza
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dixon
Durbin
Edwards (CA)
Ehlers
Engel
English
Eshoo
Evans
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Furse
Gibbons
Gilchrest
Gilman
Glickman
Gonzalez
Gordon
Gutierrez
Harman
Hefner
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Inslee
Jacobs
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Kanjorski
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Klug
Kopetski
Kreidler
LaFalce
Lancaster
Lantos
LaRocco
Leach
Lehman
Levin
Lewis (GA)
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Mollohan
Moran
Morella
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Olver
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pomeroy
Porter
Price (NC)
Rahall
Ramstad
Ravenel
Reed
Reynolds
Richardson
Roemer
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Roybal-Allard
Rush
Sabo
Sawyer
Saxton
Schenk
Schroeder
Scott
Serrano
Sharp
Shays
Shepherd
Skaggs
Slaughter
Smith (NJ)
Snowe
Stark
Studds
Swett
Swift
Synar
Thornton
Torricelli
Towns
Underwood (GU)
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Williams
Wise
Woolsey
Wyden
Wynn
Yates
Zimmer
NOT VOTING--79
Bacchus (FL)
Baker (CA)
Ballenger
Barton
Bevill
Bilirakis
Bishop
Blackwell
Boehlert
Clay
Coleman
Collins (MI)
Conyers
Cooper
Deal
Dickey
Faleomavaega (AS)
Fields (TX)
Flake
Foglietta
Frost
Gejdenson
Gephardt
Grams
Grandy
Hall (OH)
Hamburg
Hastings
Hilliard
Jefferson
Johnston
Laughlin
Lloyd
Machtley
McCurdy
McNulty
Meehan
Meek
Meyers
Moakley
Montgomery
Murphy
Murtha
Obey
Orton
Packard
Parker
Penny
Pickett
Pickle
Quillen
Rangel
Ridge
Roberts
Romero-Barcelo (PR)
Royce
Sanders
Sarpalius
Schaefer
Schumer
Shuster
Sisisky
Skelton
Slattery
Smith (IA)
Solomon
Spratt
Stokes
Sundquist
Tanner
Tauzin
Taylor (NC)
Thompson
Tucker
Walsh
Washington
Weldon
Wheat
Whitten
So the amendments en bloc were not agreed to.
After some further time,
The SPEAKER pro tempore, Ms. BYRNE, assumed the Chair.
When Mr. PETERSON of Florida, Chairman, reported that the Committee,
having had under consideration said bill, had come to no resolution
thereon.
Para. 60.11 adjournment over
On motion of Mr. BONIOR, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at
10:30 a.m. on Monday, June 13, 1994.
Para. 60.12 calendar wednesday business dispensed with
On motion of Mr. BONIOR, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, June
15, 1994, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
Para. 60.13 question of order of the house
On motion of Mr. BONIOR, by unanimous consent,
Ordered, That the trial period established on February 11, 1994, for
recognition for future special order speeches be continued through the
remainder of the 103d Congress.
Para. 60.14 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
Para. 60.15 message from the president--haitian property
The SPEAKER pro tempore, Mr. JOHNSON of South Dakota, laid before the
House a message from the President, which was read as follows:
To the Congress of the United States:
On October 4, 1991, pursuant to the International Emergency Economic
Powers Act (``IEEPA'') (50 U.S.C. 1701 et seq.) and section 301 of the
National Emergencies Act (``NEA'') (50 U.S.C. 1601 et seq.), President
Bush exercised his statutory authority to issue Executive Order No.
12775 of October 4, 1991, declaring a national emergency and blocking
Haitian government property.
On October 28, 1991, pursuant to the above authorities, President Bush
exercised his statutory authority to issue Executive Order No. 12779 of
October 28, 1991, blocking property of and prohibiting transactions with
Haiti.
On June 30, 1993, pursuant to the above authorities, as well as the
United Nations Participation Act of 1945, as amended (``UNPA'') (22
U.S.C. 287c), I exercised my statutory authority to issue Executive
Order No. 12853 of June 30, 1993, to impose additional economic measures
with respect to Haiti. This latter action was taken, in part, to ensure
that the economic measures taken by the United States with respect to
Haiti would fulfill its obligations under United Nations Security
Council Resolution 841 of June 16, 1993.
On October 18, 1993, pursuant to the IEEPA and the NEA, I again
exercised my statutory authority to issue Executive Order No. 12872 of
October 18, 1993, blocking property of various persons with respect to
Haiti.
On May 6, 1994, the United Nations Security Council adopted Resolution
917, calling on Member States to take additional measures to tighten the
embargo against Haiti. On May 7, 1994, pursuant to the above
authorities, I exercised my statutory authority to issue Executive Order
No. 12914 of May 7, 1994, to impose additional economic measures with
respect to Haiti. On May 21, 1994, pursuant to the above authorities, I
exercised my statutory authority to issue Executive Order No. 12917 of
May 21, 1994, to impose economic measures required by Resolution 917.
These latter actions were taken, in part, to ensure that the economic
measures taken by the United States with respect to Haiti would fulfill
its
[[Page 1099]]
obligations under the provisions of United Nations Security Council
Resolution 917.
On June 10, 1994, pursuant to the above authorities, I exercised my
statutory authority to issue Executive Order No. 12920 of June 10, 1994,
prohibiting additional transactions with Haiti.
This new Executive order:
--prohibits payment or transfer of funds or other assets to Haiti from
or through the United States or to or through the United States from
Haiti, with exceptions for activities of the United States
Government, the United Nations, the Organization of American States,
or foreign diplomatic missions, certain payments related to
humanitarian assistance in Haiti, limited family remittances, funds
for travel-related expenses, and payments incidental to exempt
shipments of food, medicine, medical supplies, and informational
materials;
--prohibits the sale, supply, or exportation by United States persons
or from the United States, or using U.S.-registered vessels or
aircraft, of any goods, technology, or services to Haiti or in
connection with Haitian businesses, or activities by United States
persons or in the United States that promote such sale, supply, or
exportation, except for the sale, supply, or exportation of
informational materials, certain foodstuffs, and medicines and
medical supplies;
--prohibits any transaction that evades or avoids or has the purpose
of evading or avoiding, or attempts to violate, any of the
prohibitions of this order; and
--authorizes the Secretary of the Treasury, in consultation with the
Secretary of State, to issue regulations implementing the provisions
of the Executive order.
The new Executive order is necessary to tighten the embargo against
Haiti with the goal of the restoration of democracy in that nation and
the prompt return of the legitimately elected President, Jean-Bertrand
Aristide, under the framework of the Governors Island Agreement.
I am providing this notice to the Congress pursuant to section 204(b)
of the IEEPA (50 U.S.C. 1703(b)) and section 301 of the NEA (50 U.S.C.
1631). I am enclosing a copy of the Executive order that I have issued.
William J. Clinton.
The White House, June 10, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Foreign Affairs and ordered to
be printed (H. Doc. 103-271).
Para. 60.16 bills presented to the president
Mr. ROSE, from the Committee on House Administration, reported that
that committee did on this day present to the President, for his
approval, bills of the House of the following titles:
H.R. 965. An Act to provide for toy safety and for other
purposes.
H.R. 1632. An Act to amend title 11, District of Columbia
Code, and Part C of title IV of the District of Columbia
Self-Government and Governmental Reorganization Act to remove
gender-specific references.
H.R. 3863. An Act to designate the Post Office building
located at 401 E. South Street in Jackson, Mississippi, as
the ``Medgar Wiley Evers Post Office.''
Para. 60.17 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. BALLENGER, for today;
To Mrs. MEEK, for today after 12 o'clock noon; and
To Mr. McNULTY, for today after 1 o'clock p.m.
And then,
Para. 60.18 adjournment
On motion of Mr. DREIER, pursuant to the special order heretofore
agreed to, at 4 o'clock and 15 minutes p.m., the House adjourned until
10:30 a.m., Monday, June 13, 1994.
Para. 60.19 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. SWETT:
H.R. 4564. A bill to reorient the Department of Energy's
fusion energy research program toward development of
commercially visable fusion power systems, and for other
purposes; to the Committee on Science, Space, and Technology.
By Ms. ENGLISH of Arizona:
H.R. 4565. A bill to provide for the establishment of
business accounts for air travel by Federal employees to
maximize costs savings, and for other purposes; jointly, to
the Committees on Government Operations and House
Administration.
By Mr. TALENT (for himself, Mr. Hutchinson, Mr. Canady,
Mr. Armey, Mr. Baker of California, Mr. Ballenger,
Mr. Barton of Texas, Mr. Bliley, Mr. Blute, Mr.
Boehner, Mr. Burton of Indiana, Mr. Calvert, Mr.
Coble, Mr. Collins of Georgia, Mr. Cox, Mr. Crane,
Mr. Dickey, Mr. Doolittle, Mr. Dornan, Mr. Ewing, Mr.
Grams, Mr. Hancock, Mr. Hastert, Mr. Hoekstra, Mr.
Hunter, Mr. Istook, Mr. Sam Johnson, Mr. Kingston,
Mr. Levy, Mr. Linder, Mr. Manzullo, Mr. McCollum, Mr.
McCrery, Mr. McHugh, Mr. Pombo, Mr. Rohrabacher, Mr.
Roth, Mr. Solomon, Mr. Stearns, Mr. Stump, Mr.
Walker, and Mr. Zeliff):
H.R. 4566. A bill to restore the American family, reduce
illegitimacy, and reduce welfare dependence; jointly, to the
Committees on Ways and Means; Education and Labor;
Agriculture; Banking, Finance and Urban Affairs; the
Judiciary; Energy and Commerce; Government Operations; Rules;
Natural Resources; and Public Works and Transportation.
By Ms. ENGLISH of Arizona (for herself, Mr. Fingerhut,
Ms. Shepherd, Mr. Frank of Massachusetts, Ms.
Margolies-Mezvinsky, Mr. Coppersmith, Mr. Kolbe, Mr.
Kyl, and Mr. Becerra):
H. Res. 451. Resolution requiring that travel awards that
accrue by reason of official travel of a Member, officer, or
employee of the House of Representatives be used only with
respect to official travel; to the Committee on House
Administration.
By Mr. SCHUMER (for himself and Mr. Sensenbrenner):
H. Res. 452. Resolution expressing the sense of the House
of Representatives that United States should resume support
of operations for the interdiction of illegal drug
trafficking in Andean and other foreign nations; jointly, to
the Committees on Armed Services and Foreign Affairs.
Para. 60.20 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
422. By the SPEAKER: Memorial of the Senate of the State of
North Carolina, relative to the physical desecration of the
U.S. flag; to the Committee on the Judiciary.
423. Also, memorial of the Legislature of the State of
California, relative to the California State University;
jointly, to the Committees on Armed Services and Education
and Labor.
424. Also, memorial of the House of Representatives of the
Commonwealth of Puerto Rico, relative to the Free Trade
Agreement; jointly, to the Committees on Ways and Means and
Agriculture.
Para. 60.21 private bills and resolutions
Under clause 1 of rule XXII,
Mr. GILCHREST introduced a bill (H.R. 4567) to clear
certain impediments to the licensing of a vessel for
employment in the coastwise trade and fisheries of the United
States; which was referred to the Committee on Merchant
Marine and Fisheries.
Para. 60.22 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 702: Mr. Levy.
H.R. 1016: Mr. Rangel, Mr. Baesler, Ms. Eddie Bernice
Johnson of Texas, and Mr. Lipinski.
H.R. 1099: Mr. Bereuter.
H.R. 1155: Mr. Machtley.
H.R. 1627: Mr. McCurdy.
H.R. 1883: Mr. Smith of Iowa, Mr. McHale, and Ms. Ros-
Lehtinen.
H.R. 2447: Mr. Hinchey, Mr. Valentine, and Mrs. Schroeder.
H.R. 2623: Mr. Thomas of Wyoming.
H.R. 2672: Mr. Ewing.
H.R. 2720: Mr. Emerson and Mrs. Meyers of Kansas.
H.R. 2826: Mr. Carr, Mr. Saxton, Mr. Towns, Mr. Flake, Mr.
Moorhead, and Ms. Roybal-Allard.
H.R. 2866: Mr. Hochbrueckner.
H.R. 2918: Mr. Faleomavaega, Mr. Quinn, Mr. Mineta, Mr.
Tucker, and Mr. Yates.
H.R. 3087: Ms. Lambert and Mrs. Maloney.
H.R. 3392: Mr. Valentine and Mr. Wise.
H.R. 3507: Mr. Ehlers and Mr. Inglis of South Carolina.
H.R. 3523: Mr. Livingston, Mr. Klug, and Mr. Hutchinson.
H.R. 3561: Mr. Engel.
H.R. 3658: Mr. Baker of California.
H.R. 3705: Mr. Lewis of Florida, Mr. Hutto, and Mr.
Hastings.
H.R. 3835: Mr. Hall of Texas, Mr. Stump, and Mr. Roth.
H.R. 3838: Mr. Johnston of Florida.
H.R. 3906: Mr. Upton, Ms. Kaptur, Mr. Traficant, Mr. Towns,
and Mr. Chapman.
H.R. 4015: Mr. Lantos.
H.R. 4036: Mr. Cooper, Mr. Lantos, Mr. Miller of Florida,
and Mr. Swett.
H.R. 4057: Mr. Hoagland, Mr. Baker of Louisiana, Mr.
Canady, Mr. Rohrabacher, and Ms. Furse.
[[Page 1100]]
H.R. 4095: Mr. Thomas of Wyoming.
H.R. 4135: Mr. Lipinski, Mr. Grandy, Mr. Foglietta, Mr.
Goodling, Mr. Ridge, Mr. Walker, Mrs. Maloney, Mr. Castle,
Mr. Hobson, Mr. Hastert, Mr. McDermott, Ms. Dunn, Mr.
Valentine, Mr. Romero-Barcelo, Mr. Smith of Iowa, Mr.
Lightfoot, Mr. Roth, Mrs. Roukema, Mr. McCrery, Mr. Miller of
Florida, Mr. Gilchrest, Mr. Upton, Mr. Taylor of North
Carolina, Mr. Gallo, Mr. Kingston, Mr. Ehlers, Mr. Pickle,
Mr. Klein, Mr. Coleman, Mr. Peterson of Florida, Mr. Hutto,
Mr. Vento, Mr. Armey, Mr. Barton of Texas, and Mr. Sam
Johnson.
H.R. 4136: Mr. Bilirakis, Mr. Thomas of Wyoming, Mr. Bachus
of Alabama, Mr. Machtley, Mrs. Vucanovich, Mr. Miller of
Florida, Mr. Andrews of New Jersey, Mr. Quinn, Mr. Solomon,
and Mr. Bliley.
H.R. 4142: Mr. Meehan.
H.R. 4161: Mr. Petri, Mr. Mica, and Mr. Emerson.
H.R. 4206: Mr. Murtha, Mrs. Bentley, Mr. Visclosky, Mr.
Oberstar, Mr. Poshard, Mr. Quinn, Ms. Kaptur, Mr. Mollohan,
Mr. Murphy, Mr. Applegate, Mr. Brown of Ohio, Mr. Gene Green
of Texas, Mr. LaRocco, Mr. Manton, Mr. LaFalce, Mr.
Fingerhut, Mr. Crapo, Mr. Borski, Mr. Traficant, Mr. Ridge,
Miss Collins of Michigan, Mrs. Collins of Illinois, Mr.
Sangmeister, Mr. Stokes, Mr. Strickland, Mr. Klink, and Mr.
McDade.
H.R. 4280: Mr. Miller of California, Mr. Synar, Mr. Wynn,
and Mr. Gejdenson.
H.R. 4291: Ms. Eddie Bernice Johnson of Texas, Mr.
Goodling, and Mr. Coyne.
H.R. 4343: Mr. Hutchinson.
H.R. 4365: Mr. Ballenger.
H.R. 4400: Mrs. Unsoeld, Mr. Towns, Mr. Payne of New
Jersey, and Mr. Engel.
H.R. 4404: Mr. Wynn and Mr. Edwards of California.
H.R. 4466: Mr. Shays.
H.R. 4507: Mr. Dornan and Ms. Norton.
H.R. 4542: Mr. Browder.
H.J. Res. 90: Mr. Zimmer, Mr. Quillen, and Mr. Young of
Florida.
H.J. Res. 131: Mr. Lightfoot.
H. Con. Res. 17: Mr. Ballenger, Mr. Houghton, Mr. Gibbons,
Mr. Young of Alaska, Mr. Young of Florida, Mr. Lewis of
California, Mr. Livingston, Mr. Porter, Mr. McDade, Mr.
Whitten, Mr. Boehlert, Mr. Boehner, Mr. Sam Johnson, Mr.
Fields of Texas, Mr. Thomas of California, Ms. Dunn, Mr.
Regula, Mr. Mineta, and Mr. Goodling.
H. Con. Res. 111: Mr. Payne of New Jersey, Mr. Sawyer, and
Mr. Underwood.
H. Con. Res. 148: Mr. Schaefer and Mr. Payne of New Jersey.
H. Con. Res. 166: Mr. Kleczka.
H. Con. Res. 210: Ms. Ros-Lehtinen.
H. Con. Res. 245: Mr. Martinez.
H. Res. 234: Mr. Gallo and Mr. Meehan.
H. Res. 446: Mr. Lancaster, Mr. McMillan, Mr. Klug, Mr.
Sensenbrenner, and Mr. Deal.
.
MONDAY, JUNE 13, 1994 (61)
Para. 61.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. BAESLER,
at 10:30 a.m., who laid before the House the following communication:
Washington, DC,
June 13, 1994.
I hereby designate the Honorable Scotty Baesler to act as
Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Whereupon, pursuant to the order of the House of Friday, February 11,
1994, and Friday, June 10, 1994, Members were recognized for ``morning
hour'' debates.
Para. 61.2 recess--10:37 a.m.
The SPEAKER pro tempore, Mr. BAESLER, pursuant to clause 12 of rule I,
declared the House in recess at 10 o'clock and 37 minutes a.m., until 12
o'clock noon.
Para. 61.3 after recess--12:00 noon
The SPEAKER pro tempore, Mr. MONTGOMERY, called the House to order.
Para. 61.4 approval of the journal
The SPEAKER pro tempore, Mr. MONTGOMERY, announced he had examined and
approved the Journal of the proceedings of Friday, June 10, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 61.5 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3364. A letter from the Auditor, District of Columbia,
transmitting a copy of the report entitled, ``D.C. Public
Schools' Vendor Delivery Verification Process,'' pursuant to
D.C. Code, section 47-117(d); to the Committee on the
District of Columbia.
3365. A letter from the Secretary of Energy, transmitting
notification of the delay of the report entitled ``Adequacy
of Management Plans for the Future Generations of Spent
Nuclear Fuel and High-Level Radioactive Waste''; jointly, to
the Committees on Natural Resources and Energy and Commerce.
Para. 61.6 women's bureau in the va
Mr. MONTGOMERY moved to suspend the rules and pass the bill (H.R.
3013) to amend title 38, United States Code, to establish a Women's
Bureau in the Department of Veterans Affairs; as amended.
The SPEAKER pro tempore, Mr. EDWARDS of California, recognized Mr.
MONTGOMERY and Mr. STUMP, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. EDWARDS of California, announced that
two-thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
amend title 38, United States Code, to establish a Center for Women
Veterans in the Department of Veterans Affairs.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 61.7 board of veterans' appeal
Mr. MONTGOMERY moved to suspend the rules and pass the bill of the
Senate (S. 1904) to amend title 38, United States Code, to improve the
organization and procedures of the Board of Veterans' Appeals; as
amended.
The SPEAKER pro tempore, Mr. EDWARDS of California, recognized Mr.
MONTGOMERY and Mr. STUMP, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. EDWARDS of California, announced that
two-thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
Para. 61.8 panama canal commission authorization
Mr. STUDDS moved to suspend the rules and pass the bill (H.R. 4246) to
authorize expenditures for fiscal year 1995 for the operation and
maintenance of the Panama Canal, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. STUDDS and Mr.
KING, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 61.9 consumer reporting reform
Mr. GONZALEZ moved to suspend the rules and pass the bill (H.R. 1015)
to amend the Fair Credit Reporting Act to assure the completeness and
accuracy of consumer information maintained by credit reporting
agencies, to better inform consumers of their rights under the Act, and
to improve enforcement, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. GONZALEZ and
Mr. McCANDLESS, each for 20 minutes.
[[Page 1101]]
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 61.10 recess--12:50 p.m.
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to clause 12 of rule
I, declared the House in recess at 12 o'clock and 50 minutes p.m., until
4 p.m.
Para. 61.11 after recess--4:05 p.m.
The SPEAKER pro tempore, Mr. MONTGOMERY, called the House to order.
Para. 61.12 california desert protection
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to House Resolution
422 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the further consideration
of the bill (H.R. 518) to designate certain lands in the California
Desert as wilderness, to establish the Death Valley and Joshua Tree
National Parks and the Mojave National Monument, and for other purposes.
Mr. PETERSON of Florida, Chairman of the Committee of the Whole,
resumed the chair; and after some time spent therein,
Para. 61.13 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. McCANDLESS to the
amendment submitted by Mr. HUNTER:
Amendment submitted by Mr. McCANDLESS:
Strike out all after line one and insert:
SEC. 112. FISH AND WILDLIFE MANAGEMENT.
As provided in section 4(d)(7) of the Wilderness Act,
nothing in this title shall be construed as affecting the
jurisdiction of the State of California with respect to fish
and wildlife on the public lands located in that State.
Management activities to maintain or restore fish and
wildlife populations and the habitats to support such
populations may be carried out within wilderness areas
designated by this title and shall include the use of
motorized vehicles by the appropriate State agencies.
Amendment submitted by Mr. HUNTER:
Page 34, after line 18, insert the following:
SEC. 112. FISH AND WILDLIFE MANAGEMENT.
As provided in section 4(d)(7) of the Wilderness Act,
nothing in this title shall be construed as affecting the
jurisdiction of the State of California with respect to fish
and wildlife on the public lands located in that State.
Management activities to maintain or restore fish and
wildlife populations and the habitats to support such
populations may be carried out within wilderness areas
designated by this title and shall include the use of
motorized vehicles by the appropriate State agencies,
particularly where such agencies deem vehicular access is
necessary to maintain water sources constructed to preserve
desert bighorn sheep and other wildlife.
It was decided in the
Yeas
360
<3-line {>
affirmative
Nays
0
Para. 61.14 [Roll No. 232]
AYES--360
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Combest
Condit
Conyers
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Eshoo
Evans
Everett
Ewing
Faleomavaega (AS)
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Foglietta
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grandy
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Harman
Hastings
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inslee
Istook
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennelly
Kildee
Kim
King
Kingston
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Levin
Levy
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lucas
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Pallone
Pastor
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Quillen
Quinn
Rahall
Ramstad
Reed
Regula
Richardson
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Roukema
Rowland
Roybal-Allard
Sanders
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thompson
Thurman
Torkildsen
Torres
Traficant
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Vento
Visclosky
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Williams
Wilson
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zimmer
NOT VOTING--79
Andrews (TX)
Baker (LA)
Barton
Bilirakis
Blackwell
Carr
Clay
Collins (MI)
Cooper
Coppersmith
Danner
DeLay
Derrick
Dingell
Engel
English
Fields (TX)
Flake
Ford (MI)
Ford (TN)
Frost
Furse
Gingrich
Grams
Green
Gutierrez
Hansen
Hastert
Hayes
Hochbrueckner
Inhofe
Johnson (CT)
Kennedy
Kleczka
Kopetski
Lehman
Lewis (FL)
Lowey
Machtley
Maloney
Manzullo
McCollum
McCurdy
Neal (NC)
Owens
Packard
Parker
Payne (NJ)
Pelosi
Pryce (OH)
Rangel
Ravenel
Reynolds
Ridge
Roberts
Rostenkowski
Roth
Royce
Rush
Sabo
Sangmeister
Santorum
Serrano
Slattery
Snowe
Stupak
Sundquist
Swett
Thomas (WY)
Thornton
Torricelli
Towns
Velazquez
Volkmer
Washington
Wheat
Whitten
Wise
Zeliff
So the amendment to the amendment was agreed to.
After some further time,
Para. 61.15 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following substitute amendment submitted by Mr. VENTO
for the foregoing amendment submitted by Mr. HUNTER, as amended:
Substitute amendment submitted by Mr. VENTO:
Page 34 after line 25, insert the following:
wildlife management
Sec. --. In furtherance of the purposes of the Wilderness
Act, management activities to maintain or restore fish and
wildlife populations may be carried out within wilderness
areas designed by this title, where consistent with relevant
wilderness management plans and in accordance with
appropriate policies and guidelines (including policies and
guidelines related to use of motorized equipment)
[[Page 1102]]
such as those cited in section 101(h) of Public Law 101-628.
It was decided in the
Yeas
183
<3-line {>
negative
Nays
189
Para. 61.16 [Roll No. 233]
AYES--183
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Bacchus (FL)
Barca
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Boehlert
Bonior
Borski
Boucher
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Conyers
Coyne
Cramer
Darden
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dixon
Durbin
Edwards (CA)
Engel
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Foglietta
Frank (MA)
Franks (CT)
Franks (NJ)
Gejdenson
Gephardt
Gibbons
Gilchrest
Gilman
Gonzalez
Gordon
Hall (OH)
Hamburg
Hamilton
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Holden
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennelly
Kildee
Klein
Klink
Klug
Kreidler
LaFalce
Lancaster
Lantos
Levin
Lewis (GA)
Long
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Norton (DC)
Oberstar
Obey
Olver
Oxley
Pallone
Pastor
Peterson (FL)
Pomeroy
Porter
Price (NC)
Rahall
Ramstad
Reed
Regula
Richardson
Roemer
Romero-Barcelo (PR)
Ros-Lehtinen
Roukema
Roybal-Allard
Rush
Sanders
Sawyer
Saxton
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Skaggs
Slaughter
Spratt
Stark
Stokes
Studds
Swift
Synar
Thompson
Tucker
Underwood (GU)
Unsoeld
Valentine
Vento
Visclosky
Waters
Watt
Waxman
Williams
Woolsey
Wyden
Wynn
Yates
Zimmer
NOES--189
Allard
Applegate
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehner
Bonilla
Brewster
Browder
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chapman
Clinger
Coble
Collins (GA)
Combest
Condit
Costello
Cox
Crane
Crapo
Cunningham
de la Garza
Diaz-Balart
Dickey
Dicks
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Gallegly
Gallo
Gekas
Geren
Gillmor
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hancock
Harman
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Knollenberg
Kolbe
Kyl
Lambert
LaRocco
Laughlin
Lazio
Leach
Levy
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Lucas
Manzullo
Martinez
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Mfume
Mica
Michel
Miller (FL)
Molinari
Montgomery
Moorhead
Myers
Nussle
Ortiz
Orton
Parker
Paxon
Payne (VA)
Penny
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Portman
Poshard
Quillen
Quinn
Rogers
Rohrabacher
Rose
Rowland
Sangmeister
Sarpalius
Schaefer
Schiff
Sensenbrenner
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stenholm
Strickland
Stump
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thurman
Torkildsen
Torres
Traficant
Upton
Vucanovich
Walker
Walsh
Weldon
Wilson
Wolf
Young (AK)
NOT VOTING--67
Andrews (TX)
Baker (LA)
Barton
Blackwell
Carr
Clay
Collins (MI)
Cooper
Coppersmith
Danner
DeLay
Dingell
English
Flake
Ford (MI)
Ford (TN)
Frost
Furse
Gingrich
Glickman
Green
Gutierrez
Hansen
Hayes
Hochbrueckner
Inhofe
Kennedy
Kleczka
Kopetski
Lehman
Lewis (FL)
Lowey
Machtley
McCurdy
Neal (NC)
Owens
Packard
Payne (NJ)
Pelosi
Pryce (OH)
Rangel
Ravenel
Reynolds
Ridge
Roberts
Rostenkowski
Roth
Royce
Sabo
Santorum
Slattery
Snowe
Stupak
Sundquist
Swett
Thomas (WY)
Thornton
Torricelli
Towns
Velazquez
Volkmer
Washington
Wheat
Whitten
Wise
Young (FL)
Zeliff
So the substitute amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mrs. UNSOELD, assumed the Chair.
When Mr. PETERSON of Florida, Chairman, reported that the Committee,
having had under consideration said bill, had come to no resolution
thereon.
Para. 61.17 national education goals panel
The SPEAKER pro tempore, Mrs. UNSOELD, laid before the House a
communication, which was read as follows:
Office of the Republican Leader, U.S. House of
Representatives,
Washington, DC, June 13, 1994.
The Hon. Thomas S. Foley,
Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to Section 202(b)(3)(D), Public
Law 103-227, I hereby appoint the following Member of
Congress to serve on the National Education Goals Panel:
Representative William F. Goodling of Pennsylvania.
Sincerely,
Bob Michel,
House Republican Leader.
Para. 61.18 senate bill referred
A bill of the Senate of the following title was taken from the
Speaker's table and, under the rule, referred as follows:
S. 978. An Act to establish programs to promote
environmental technology, and for other purposes; to the
Committees on Science, Space, and Technology and Energy and
Commerce.
Para. 61.19 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. ROTH, for today;
To Mr. ROYCE, for today; and
To Miss COLLINS of Michigan, for today.
And then,
Para. 61.20 adjournment
On motion of Mrs. SCHROEDER, pursuant to the special order of the
House of June 10, 1994, at 7 o'clock and 32 minutes p.m., the House
adjourned until 10:30 a.m., Tuesday, June 14, 1994.
Para. 61.21 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. CARR: Committee on Appropriations. Supplemental report
on H.R. 4556. A bill making appropriations for the Department
of Transportation and related agencies for the fiscal year
ending September 30, 1995, and for other purposes (Rept. No.
103-543, Pt. 2).
Mr. CONYERS: Committee on Government Operations. H.R. 2238.
A bill to amend laws relating to Federal procurement, to
authorize functions and activities under the Federal Property
and Administrative Services Act of 1949, and for other
purposes, with an amendment (Rept. No. 103-545 Pt. 1).
Ordered to be printed.
Para. 61.22 reported bills sequentially referred
Under clause 5 of rule X, bills and reports were delivered to the
Clerk for printing, and bills referred as follows:
Mr. STUDDS: Committee on Merchant Marine and Fisheries.
H.R. 4003. A bill to authorize appropriations for fiscal year
1995 for certain maritime programs of the Department of
Transportation, to amend the Merchant Marine Act, 1936, as
amended, to revitalize the United States-flag merchant
marine, and for other purposes, with an amendment; referred
to the Committee on Ways and Means for a period ending not
later than July 15, 1994, for consideration of such
provisions contained in the bill and amendment as fall within
the jurisdiction of that committee pursuant to clause 1(v),
rule X (Rept. No. 103-544, Pt. 1).
Para. 61.23 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. OBEY:
H.R. 4568. A bill making supplemental appropriations for
the Department of Housing
[[Page 1103]]
and Urban Development for the fiscal year ending September
30, 1994, and for other purposes; to the Committee on
Appropriations.
By Mr. CONYERS (for himself and Mr. Clinger):
H.R. 4569. A bill to extend and make amendments to the
President John F. Kennedy Assassination Records Collection
Act of 1992; to the Committee on Government Operations.
By Mrs. SCHROEDER (for herself, Ms. Snowe, Mrs.
Roukema, Mrs. Kennelly, Ms. Woolsey, Mrs. Morella,
Ms. McKinney, Ms. Eddie Bernice Johnson of Texas, Ms.
Brown of Florida, Ms. DeLauro, Ms. Eshoo, Ms.
Margolies-Mezvinsky, Ms. Lowey, Ms. Norton, Mrs.
Maloney, Mrs. Meek of Florida, Ms. Harman, Mrs.
Johnson of Connecticut, Ms. Pelosi, Mrs. Byrne, Ms.
Slaughter, Ms. Shepherd, Ms. Molinari, Ms. Velazquez,
Ms. English of Arizona, and Ms. Waters):
H.R. 4570. A bill to improve and strengthen the child
support collection system; jointly, to the Committees on Ways
and Means; the Judiciary; Banking, Finance and Urban Affairs;
Education and Labor; Armed Services; Foreign Affairs; and
Post Office and Civil Service.
By Mr. de LUGO:
H.R. 4571. A bill to designate the U.S. post office located
at 103-104 Estate Richmond in Saint Croix, VI, as the
``Wilbert Armstrong United States Post Office''; to the
Committee on Post Office and Civil Service.
By Mr. MONTGOMERY (by request):
H.R. 4572. A bill to amend the definition of disabled
veteran in chapter 42 of title 38, United States Code, for
purposes of employment and training benefits; to the
Committee on Veterans' Affairs.
By Mr. RAHALL:
H.R. 4573. A bill for the purposes of providing for the
full and complete disclosure of information relating to
applications for mineral patents under the Mining Law of
1872; to the Committee on Natural Resources.
By Mr. STEARNS (for himself, Mr. Klug, Mr. Canady, Mr.
Lewis of Florida, and Mrs. Fowler):
H.R. 4574. A bill to amend part B of the Individuals with
Disabilities Education Act to provide that the requirement
regarding the continued educational placement of children
with disabilities in public schools during the pendency of
certain proceedings shall not apply with respect to
disciplinary proceedings against those children for
possession of firearms or other deadly weapons or assault
with deadly weapons; to the Committee on Education and Labor.
By Mr. MONTGOMERY (by request):
H.J. Res. 375. Joint resolution designating September 21,
1994, as ``National Wartime Nurses Recognition Day''; to the
Committee on Post Office and Civil Service.
By Mr. MONTGOMERY (by request):
H.J. Res. 376. Joint resolution designating the third
Friday of September of each year as ``National POW/MIA
Recognition Day''; to the Committee on Post Office and Civil
Service.
By Ms. SLAUGHTER (for herself, Mrs. Meek of Florida,
Ms. Brown of Florida, Mrs. Schroeder, Mrs. Thurman,
Ms. Roybal-Allard, and Mrs. Meyers of Kansas):
H. Con. Res. 254. Concurrent resolution expressing the
sense of the Congress concerning the trafficking of Burmese
women and girls into Thailand for the purposes of forced
prostitution; to the Committee on Foreign Affairs.
By Mr. HASTINGS:
H. Res. 453. Resolution expressing the sense of the House
of Representatives with respect to the situation in Rwanda;
to the Committee on Foreign Affairs.
Para. 61.24 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 302: Mr. Mollohan.
H.R. 411: Mr. Hall of Texas.
H.R. 615: Mr. Brown of Ohio.
H.R. 911: Mr. Oxley, Mr. Crane, Mr. Smith of Iowa, and Mr.
Horn.
H.R. 1056: Mr. Flake, Mr. Emerson, Mr. Barcia of Michigan,
Mr. Spence, and Mr. Taylor of North Carolina.
H.R. 1277: Mr. Kasich.
H.R. 2147: Mr. Sangmeister.
H.R. 2188: Mr. Filner, Mr. Synar, and Mr. Hilliard.
H.R. 2216: Mr. Hall of Texas.
H.R. 2326: Mr. Glickman, Mr. Myers of Indiana, and Mr.
Bonior.
H.R. 2551: Mr. Slattery.
H.R. 2612: Mr. Moorhead and Mr. Lehman.
H.R. 2623: Mr. Saxton and Mr. Filner.
H.R. 2862: Mr. Sensenbrenner and Mr. Linder.
H.R. 2873: Mr. Inslee, Mr. Ballenger, Ms. Furse, Mr. Neal
of Massachusetts, and Mr. Saxton.
H.R. 2929: Mr. Deal.
H.R. 2969: Mr. Murphy and Mr. Rangel.
H.R. 3064: Mr. Stump.
H.R. 3246: Mr. Dellums, Mrs. Schroeder, Mr. Clay, Mr. Diaz-
Balart, Mr. Andrews of Maine, Mr. Bachus of Alabama, and Mr.
Ackerman.
H.R. 3309: Mr. Lewis of Georgia.
H.R. 3660: Mr. Barca of Wisconsin.
H.R. 3705: Mr. Nussle and Mr. Deutsch.
H.R. 3762: Mr. Rohrabacher.
H.R. 3812: Mr. Bateman, Mr. Hilliard, and Mr. Faleomavaega.
H.R. 3866: Mr. Wise, Mr. Engel, and Mrs. Thurman.
H.R. 3940: Mr. Ackerman, Mr. Baker of California, Mr.
McHugh, and Mr. Cooper.
H.R. 3951: Mr. Ewing and Mr. Bilirakis.
H.R. 4024: Mr. Lewis of Georgia and Mrs. Unsoeld.
H.R. 4050: Mr. Holden and Mr. Stokes.
H.R. 4109: Mr. Hinchey.
H.R. 4195: Mr. Hilliard.
H.R. 4224: Mr. Quillen and Mr. Hayes.
H.R. 4260: Mr. Kopetski and Mr. Jefferson.
H.R. 4271: Mr. Frank of Massachusetts and Mr. Murphy.
H.R. 4386: Mr. Taylor of Mississippi, Mr. Brown of Ohio,
Ms. Brown of Florida, Mr. Swett, Mr. Smith of New Jersey, Mr.
Quinn, Mr. Bevill, Mr. Canady, Mr. Collins of Georgia, Mr.
McHale, Mr. Hefner, Mr. Machtley, Mr. Coyne, and Mrs. Johnson
of Connecticut.
H.R. 4400: Mr. Hughes.
H.R. 4464: Mr. Blute, Mr. Rowland, Mr. Hall of Texas, Mr.
Hutto, Mr. Deal, Mr. Taylor of Mississippi, Mr. Hayes, Mr.
Rose, Mr. Beilenson, Mr. Matsui, Mr. Lehman, Mr. Livingston,
Mr. Rohrabacher, Mr. Kildee, Mr. Vento, Mr. Thomas of
California, Mr. Hyde, Mr. Kolbe, Mr. Walker, Mr. Emerson, Mr.
Glickman, Mr. Reed, Mr. Brewster, Mr. Hoyer, Mr. Castle, Mr.
Levy, Mr. Gonzalez, Mr. Hinchey, Mr. Andrews of New Jersey,
Mr. Payne of Virginia, Mr. Olver, Mr. Moran, Mr. Scott, Mr.
Ackerman, Mrs. Byrne, Mr. Sarpalius, Mr. Orton, Mr. Pallone,
Mr. Sabo, Mr. Ravenel, Mr. Knollenberg, Mr. Flake, Mr. Wynn,
Mr. Slattery, Mr. Fields of Louisiana, Mr. Deutsch, Mr.
Berman, Mr. Ford of Michigan, Mrs. Johnson of Connecticut,
Mr. Diaz-Balart, Mr. Bachus of Alabama, Mr. Meehan, Mr.
Boucher, Mr. Bateman, Mr. Barrett of Wisconsin, Mr. Evans,
Mr. Borski, Mr. Frost, Ms. Brown of Florida, Mr. Durbin, and
Mr. Johnson of South Dakota.
H.R. 4497: Ms. Lowey, Mr. Hastings, Mr. Deutsch, Mr. Engel,
Mr. Nadler, Mr. Vento, Mr. Cramer, Mrs. Meek of Florida, Mr.
Emerson, Mr. Sabo, Mr. Borski, Mr. Hilliard, Mr. Manton, Mr.
Ackerman, Mr. Dornan, Ms. Margolies-Mezvinsky, Mr. Owens, Mr.
Reynolds, Mr. Klein, Mr. Torres, Mr. Lazio, Mr. Schiff, Mr.
Cardin, Ms. Norton, Mr. Pallone, Mr. Andrews of Maine, Mr.
Towns, Mr. Gutierrez, Mr. Brewster, Mr. Grams, Mr. Gilman,
Mr. King, Mr. Shays, Mr. Boehlert, Mr. Franks of Connecticut,
Mr. Berman, Mr. Hinchey, Mr. Swett, Mr. Matsui, Mr. Franks of
New Jersey, Mr. Barrett of Wisconsin, Ms. DeLauro, Mr. Armey,
Mr. Quillen, Mr. Stupak, Mr. Fingerhut, Mr. Torkildsen, Mr.
DeFazio, Mr. Bishop, Mr. Greenwood, Mr. Ortiz, Mr. Tejeda,
Mr. Gene Green of Texas, Mr. Meehan, Mr. Levin, Ms.
Velazquez, Mr. Condit, Mr. Pastor, Mr. Inhofe, Ms. Woolsey,
Mr. Blackwell, Mrs. Maloney, Ms. Molinari, Mr. Saxton, Mr.
Knollenberg, Mrs. Byrne, Mr. Linder, Mr. Lipinski, Ms.
Cantwell, Mr. Browder, Mr. Stearns, Mr. Bliley, Mr. Castle,
Mr. Strickland, Mr. Flake, Ms. Harman, Mrs. Unsoeld, Mr.
Becerra, Ms. Snowe, Mr. Bachus of Alabama, Mr. Waxman, Mr.
Andrews of New Jersey, Mr. Sangmeister, Ms. Shepherd, Mr.
McCollum, Mr. Sawyer, Mr. Camp, Mrs. Morella, Mr. Richardson,
Mr. Johnson of Georgia, Mr. Paxon, Mr. Hoyer, Mr. Serrano,
Mr. Hamburg, Mr. Hastert, and Mr. Talent.
H.R. 4519: Mr. Ewing, Mr. Bunning, Mr. McHugh, Mr. Baker of
Louisiana, Mr. Hastert, Mr. Upton, and Mr. Parker.
H.J. Res. 343: Mr. Livingston, Mr. Emerson, Mr. Waxman, Mr.
Pastor, Mr. Rangel, Mr. Flake, Mr. Quinn, and Ms. Brown of
Florida.
H. Con. Res. 84: Mr. Wilson and Mr. Hobson.
H. Con. Res. 179: Mr. Bachus of Alabama.
H. Con. Res. 215; Mr. Hughes, Mr. Wilson, Mr. Washington,
and Mr. Skeen.
H. Con. Res. 239: Mr. Hinchey.
H. Res. 255: Mr. Coppersmith.
H. Res. 430: Mr. Engel.
H. Res. 446: Mr. Bateman, Mr. Thomas of Wyoming, and Mr.
Cooper.
.
TUESDAY, JUNE 14, 1994 (62)
The House was called to order by the SPEAKER at 10:30 a.m.
Para. 62.1 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
Para. 62.2 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed without amendment a bill of the House of the
following title:
H.R. 1758. An Act to revise, codify, and enact without
substantive change certain general and permanent laws,
related to transportation, as subtitles II, III, and V-X of
title 49, United States Code, ``Transportation'', and to make
other technical improvements in the Code.
The message also announced that the Senate had passed bills of the
following titles, in which the concurrence of the House is requested:
S. 1066. An Act to restore Federal services to the Pokagon
Band of Potawatomi Indians; and
S. 1587. An Act to revise and streamline the acquisition
laws of the Federal Government, and for other purposes.
[[Page 1104]]
Para. 62.3 ``morning hour'' debates
The SPEAKER, pursuant to the order of the House of Friday, February
11, 1994, and Friday, June 10, 1994, recognized Members for ``morning
hour'' debates.
Para. 62.4 recess--11:10 a.m.
The SPEAKER pro tempore, Ms. MARGOLIES-MEZVINSKY, pursuant to clause
12 of rule I, declared the House in recess at 11 o'clock and 10 minutes
a.m., until 12 o'clock noon.
Para. 62.5 after recess--12:00 noon
The SPEAKER called the House to order.
Para. 62.6 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Monday, June 13, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 62.7 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3366. A letter from the Secretary of Health and Human
Services, transmitting a report of a violation of the Anti-
Deficiency Act which occurred in the Department of Health and
Human Services, pursuant to 31 U.S.C. 1517(b); to the
Committee on Appropriations.
3367. A letter from the Director, the Office of Management
and Budget, transmitting the cumulative report on rescissions
and deferrals of budget authority as of June 1, 1994,
pursuant to 2 U.S.C. 685(e) (H. Doc. No. 103-272); to the
Committee on Appropriations and ordered to be printed.
3368. A letter from the Under Secretary for Personnel and
Readiness, Department of Defense, transmitting the
Department's Defense Manpower Requirements Report for fiscal
year 1995, pursuant to 10 U.S.C. 115(b)(3)(A); to the
Committee on Armed Services.
3369. A letter from the Auditor, District of Columbia,
transmitting a copy of a report entitled, ``Audit of the
District of Columbia Public Schools' Central Investment Fund
[CIF]--An Off Budget Discretionary Revenue and Spending,''
pursuant to D.C. Code, section 47-117(d); to the Committee on
the District of Columbia.
3370. A letter from the Secretary of Education,
transmitting Final Regulations--Direct Grant Programs,
pursuant to 20 U.S.C. 1232(d)(1); to the Committee on
Education and Labor.
3371. A letter from the Secretary of Education,
transmitting notice of Final Funding Priorities--Knowledge
Dissemination and Utilization Program, pursuant to 20 U.S.C.
1232(d)(1); to the Committee on Education and Labor.
3372. A letter from the Director, Defense Security
Assistance Agency, transmitting notification of the
Department of the Air Force's proposed Letter(s) of Offer and
Acceptance (LOA) to Turkey for defense articles and services
(Transmittal No. 94-19), pursuant to 22 U.S.C. 2776(b); to
the Committee on Foreign Affairs.
3373. A letter from the Director, Defense Security
Assistance Agency, transmitting the price and availability
report for the quarter ending March 31, 1994, pursuant to 22
U.S.C. 2768; to the Committee on Foreign Affairs.
3374. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting copies of the original
report of political contributions by Brian J. Donnelly, of
Massachusetts, to be Ambassador to Trinidad and Tobago, also
by Clay Constantinou, of New York, to be Ambassador to
Luxembourg, and Elizabeth Frawley Bagley, of the District of
Columbia, to be Ambassador to the Republic of Portugal, and
members of their families, pursuant to 22 U.S.C. 3944(b)(2);
to the Committee on Foreign Affairs.
3375. A letter from the Administrator, General Services
Administration, transmitting a draft of proposed legislation
entitled, ``Federal Employee Mileage Reimbursement Act of
1994''; to the Committee on Government Operations.
3376. A letter from the Assistant Attorney General,
Department of Justice, transmitting the Department's views on
H.R. 518, the ``California Desert Protection Act of 1994'' as
reported by the Committee on Natural Resources; to the
Committee on Natural Resources.
3377. A letter from the Assistant Attorney General,
Department of Justice, transmitting a draft of proposed
legislation entitled, ``Confederated Tribes of the Colville
Reservation Grand Coulee Dam Settlement Act''; to the
Committee on Natural Resources.
3378. A letter from the Secretary of Transportation,
transmitting a draft of proposed legislation entitled,
``Rail-Highway Grade Crossing Safety Act of 1994''; jointly,
to the Committees on Energy and Commerce and Public Works and
Transportation.
3379. A letter from the Chairman, United States Securities
and Exchange Commission, transmitting a draft of proposed
legislation entitled, ``Securities and Exchange Commission
Authorization Act of 1994,'' pursuant to 31 U.S.C. 1110;
jointly, to the Committees on Energy and Commerce and
Appropriations.
Para. 62.8 waiving points of order against h.r. 4506
Mr. HALL of Ohio, by direction of the Committee on Rules, called up
the following resolution (H. Res. 449):
Resolved, That during consideration in the Committee of the
Whole House on the state of the Union of the bill (H.R. 4506)
making appropriations for energy and water development for
the fiscal year ending September 30, 1995, and for other
purposes, all points of order against provisions in the bill
for failure to comply with clause 2 or 6 or rule XXI are
waived. The amendment printed in section 2 of this resolution
may be offered only by Representative Bevill of Alabama or
his designee, may amend portions of the bill not yet read for
amendment, and shall not be subject to a demand for division
of the question in the House or in the Committee of the
Whole.
Sec. 2. The amendment that may be offered only by
Representative Bevill of Alabama or his designee is as
follows:
Page 21, line 24, strike ``$3,164,369,000'' and insert
``$3,201,369,000''.
Page 23, line 10, strike ``$1,879,204,000'' and insert
``$1,842,204,000''.
When said resolution was considered.
After debate,
On motion of Mr. HALL of Ohio, the previous question was ordered on
the resolution to its adoption or rejection and under the operation
thereof, the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 62.9 message from the president--federal prevailing rate advisory
committee
The SPEAKER pro tempore, Ms. DeLAURO, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
In accordance with section 5347(e) of title 5 of the United States
Code, I transmit herewith the 1993 annual report of the Federal
Prevailing Rate Advisory Committee.
William J. Clinton.
The White House, June 14, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Post Office and Civil Service.
Para. 62.10 energy and water development appropriations
Mr. BEVILL moved that the House resolve itself into the Committee of
the Whole House on the state of the Union for the consideration of the
bill (H.R. 4506) making appropriations for energy and water development
for the fiscal year ending September 30, 1995, and for other purposes.
Pending said motion,
On motion of Mr. BEVILL, by unanimous consent,
Ordered, That time for general debate continue not to exceed one hour
to be equally divided and controlled by Mr. BEVILL and Mr. MYERS.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Ms. DeLAURO, announced that the yeas had it.
So the motion was agreed to.
Accordingly,
The House resolved itself into the Committee of the Whole House on the
state of the Union for the consideration of said bill.
The SPEAKER pro tempore, Ms. DeLAURO, by unanimous consent, designated
Mr. HUGHES as Chairman of the Committee of the Whole.
The Acting Chairman, Mr. MONTGOMERY, assumed the Chair; and after some
time spent therein,
Para. 62.11 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Ms. BYRNE:
Page 17, line 19, strike ``$3,302,170,000'' and insert
``$3,290,170,000''.
It was decided in the
Yeas
188
<3-line {>
negative
Nays
241
Para. 62.12 [Roll No. 234]
AYES--188
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Barca
Barcia
Barrett (WI)
Becerra
Berman
Blackwell
Blute
Boehlert
Boehner
Brewster
Brown (OH)
Bryant
Bunning
Byrne
Camp
Cantwell
Castle
Coble
Collins (GA)
Condit
Cooper
Coppersmith
Costello
DeFazio
DeLauro
Dellums
Deutsch
Dickey
Duncan
Edwards (CA)
Engel
[[Page 1105]]
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fingerhut
Fish
Fowler
Frank (MA)
Franks (CT)
Furse
Gejdenson
Gilchrest
Gillmor
Gilman
Glickman
Goodlatte
Goodling
Goss
Grandy
Greenwood
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hefley
Hinchey
Hoagland
Hobson
Hoekstra
Hoke
Holden
Hutchinson
Inhofe
Istook
Jacobs
Johnson (SD)
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kingston
Kleczka
Klein
Klink
Klug
Kopetski
Kreidler
LaFalce
Lancaster
Lantos
Levin
Lewis (GA)
Lewis (KY)
Lightfoot
Lipinski
Long
Lowey
Machtley
Maloney
Mann
Margolies-Mezvinsky
Markey
McCrery
McHale
McHugh
McInnis
McKinney
Meehan
Menendez
Meyers
Mfume
Miller (CA)
Miller (FL)
Minge
Mink
Nadler
Neal (MA)
Nussle
Oberstar
Obey
Olver
Oxley
Pallone
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (MN)
Petri
Porter
Portman
Poshard
Pryce (OH)
Quinn
Ramstad
Ravenel
Reed
Richardson
Roberts
Romero-Barcelo (PR)
Ros-Lehtinen
Roth
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Schaefer
Schroeder
Schumer
Sensenbrenner
Sharp
Shays
Shepherd
Slaughter
Smith (MI)
Snowe
Stark
Stearns
Stenholm
Strickland
Studds
Stupak
Swett
Synar
Talent
Tanner
Thurman
Torkildsen
Torres
Underwood (GU)
Unsoeld
Upton
Vento
Waters
Watt
Waxman
Weldon
Williams
Woolsey
Wyden
Wynn
Yates
Zeliff
Zimmer
NOES--241
Abercrombie
Ackerman
Applegate
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barlow
Barrett (NE)
Bartlett
Barton
Bateman
Beilenson
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Bonilla
Bonior
Borski
Boucher
Brooks
Browder
Brown (CA)
Brown (FL)
Burton
Buyer
Callahan
Calvert
Canady
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (MI)
Combest
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Darden
de la Garza
de Lugo (VI)
Deal
DeLay
Derrick
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
Everett
Ewing
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Foglietta
Ford (MI)
Ford (TN)
Franks (NJ)
Frost
Gallegly
Gallo
Gekas
Gephardt
Geren
Gibbons
Gingrich
Gonzalez
Gordon
Grams
Green
Gunderson
Hansen
Harman
Hastert
Hastings
Hayes
Hefner
Herger
Hilliard
Hochbrueckner
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutto
Hyde
Inglis
Inslee
Jefferson
Johnson (CT)
Johnson (GA)
Johnson, E. B.
Johnson, Sam
Kim
King
Knollenberg
Kolbe
Kyl
Lambert
LaRocco
Laughlin
Lazio
Leach
Lehman
Levy
Lewis (CA)
Lewis (FL)
Linder
Livingston
Lloyd
Lucas
Manton
Manzullo
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCurdy
McDade
McDermott
McKeon
McMillan
McNulty
Meek
Mica
Michel
Mineta
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Neal (NC)
Norton (DC)
Ortiz
Orton
Owens
Packard
Parker
Pastor
Peterson (FL)
Pickett
Pickle
Pombo
Pomeroy
Price (NC)
Quillen
Rahall
Rangel
Regula
Ridge
Roemer
Rogers
Rohrabacher
Rose
Rostenkowski
Rowland
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Scott
Serrano
Shaw
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (IA)
Smith (NJ)
Smith (OR)
Smith (TX)
Solomon
Spence
Spratt
Stokes
Stump
Swift
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Torricelli
Towns
Traficant
Tucker
Valentine
Velazquez
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Whitten
Wilson
Wise
Wolf
Young (AK)
Young (FL)
NOT VOTING--10
Collins (IL)
Conyers
Danner
Flake
Reynolds
Royce
Slattery
Sundquist
Washington
Wheat
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. MONTGOMERY, resumed the Chair.
When Mr. HUGHES, Chairman, reported that the Committee, having had
under consideration said bill, had directed him to report the same back
to the House with sundry amendments adopted by the Committee with the
recommendation that the amendments be agreed to and that the bill, as
amended, do pass.
By unanimous consent, the previous question was ordered on the
amendments and the bill.
The following amendments, reported from the Committee of the Whole
House on the state of the Union, were agreed to:
Page 21, line 24, strike ``$3,164,369,000'' and insert
``$3,201,369,000''.
Page 23, line 10, strike ``$1,879,204,000'' and insert
``$1,842,204,000''.
Page 34, after line 14, insert the following new title:
TITLE V--GENERAL PROVISIONS
purchase of american-made equipment and products
Sec. 501. Sense of Congress.--It is the sense of the
Congress that, to the greatest extent practicable, all
equipment and products purchased with funds made available in
this Act should be American-made.
(b) Notice Requirement.--In providing financial assistance
to, or entering into any contract with, any entity using
funds made available in this Act, the head of each Federal
agency, to the greatest extent practicable, shall provide to
such entity a notice describing the statement made in
subsection (a) by the Congress.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that the yeas had
it.
Mr. DREIER objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
393
When there appeared
<3-line {>
Nays
29
Para. 62.13 [Roll No. 235]
YEAS--393
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (MI)
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Cunningham
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inhofe
Inslee
Istook
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCrery
McCurdy
McDade
McDermott
McHale
McInnis
McKeon
McKinney
McMillan
McNulty
[[Page 1106]]
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Mineta
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Rangel
Ravenel
Reed
Regula
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Watt
Waxman
Weldon
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zimmer
NAYS--29
Allard
Armey
Boehner
Coble
Collins (GA)
Crane
Crapo
Dreier
Duncan
Fawell
Grams
Hancock
Inglis
Jacobs
Klug
Knollenberg
McCollum
Miller (FL)
Minge
Paxon
Petri
Ramstad
Roth
Sensenbrenner
Shays
Smith (MI)
Solomon
Stump
Zeliff
NOT VOTING--12
Collins (IL)
Conyers
Danner
McHugh
Murtha
Reynolds
Royce
Slattery
Sundquist
Washington
Waters
Wheat
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 62.14 waiving points of order against h.r. 4556
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-546) the resolution (H. Res. 454) waiving certain points of
order during consideration of the bill (H.R. 4556) making appropriations
for the Department of Transportation and related agencies for the fiscal
year ending September 30, 1995, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 62.15 senate bill referred
A bill of the Senate of the following title was taken from the
Speaker's table and, under the rule, referred as follows:
S. 1066. An Act to restore Federal services to the Pokagon
Band of Potawatomi Indians; to the Committee on Natural
Resources.
Para. 62.16 leave of absence
By unanimous consent, leave of absence was granted--
To Mrs. COLLINS of Illinois, for today;
To Mr. ROYCE, for today; and
To Mr. McHUGH, for today after 3:30 p.m.
And then,
Para. 62.17 adjournment
On motion of Mr. DORNAN, at 5 o'clock and 7 minutes p.m., the House
adjourned.
Para. 62.18 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. GORDON: Committee on Rules. House Resolution 454.
Resolution waiving certain points of order against the bill
(H.R. 4556) making appropriations for the Department of
Transportation and related agencies for the fiscal year
ending September 30, 1995, and for other purposes (Rept. No.
103-546). Referred to the House Calendar.
Para. 62.19 reported bills sequentially referred
Under clause 5 of rule X, bills and reports were delivered to the
Clerk for printing, and bills referred as follows:
Mr. MINETA: Committee on Public Works and Transportation.
H.R. 2680. A bill to amend the Public Buildings Act of 1959
concerning the calculation of public building transactions,
with an amendment; referred to the Committee on Government
Operations for a period ending not later than August 12,
1994, for consideration of such provisions of the bill and
amendment as fall within the jurisdiction of that committee
pursuant to clause 1(j), rule X (Rept. No. 103-547, Pt. 1).
Ordered to be printed.
Para. 62.20 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolution were introduced and severally referred as follows:
By Mr. GUNDERSON (for himself and M. Petri):
H.R. 4575. A bill to direct the Secretary of the Army to
transfer to the State of Wisconsin lands and improvements
associated with the LaFarge Dam and Lake portion of the
project for flood control and allied purposes, Kickapoo
River, WI, and for other purposes; to the Committee on Public
Works and Transportation.
By Mr. TRAFICANT:
H.R. 4576. A bill to designate the Federal building located
at the northeast corner of the intersection of 14th Street
and Independence Avenue, SW., in Washington, DC, as the
``Jamie L. Whitten Federal Building''; to the Committee on
Public Works and Transportation.
By Mr. TRAFICANT:
H.R. 4577. A bill to designate the Federal building and
United States courthouse located at 242 East Main Street in
Bowling Green, KY, as the ``William H. Natcher Federal
Building and United States Courthouse''; to the Committee on
Public Works and Transportation.
By Mr. VENTO (for himself, Mrs. Roukema, Mr. Frank of
Massachusetts, and Mr. Kennedy):
H.R. 4578. A bill to amend the Stewart B. McKinney Homeless
Assistance Act to revise and extend programs providing
urgently needed assistance for the homeless, and for other
purposes; jointly, to the Committees on Banking, Finance and
Urban Affairs; Energy and Commerce; and Ways and Means.
By Mrs. CLAYTON (for herself, Mr. Clyburn, and Mr.
Thompson):
H.R. 4579. A bill to amend Title V of the Housing Act of
1949 to make necessary reforms to the Section 515 Rural
Housing program; jointly, to the Committees on Banking,
Finance and Urban Affairs and Ways and Means.
By Ms. KAPTUR:
H.R. 4580. A bill to establish the Geno Baroni Commission
on Neighborhoods and provide for a White House Conference on
Neighborhoods, and for other purposes; to the Committee on
Banking, Finance and Urban Affairs.
Para. 62.21 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
425. By the SPEAKER: Memorial of the House of
Representatives of the State of New Hampshire, relative to
Pease Air Force Base; to the Committee on Armed Services.
426. Also, memorial of the House of Representatives of the
State of New Hampshire, relative to the Federal Mandates
Relief Act of 1993; to the Committee on Government
Operations.
427. Also, memorial of the House of Representatives of the
State of New Hampshire, relative to campaign spending and
unalterable records of proceedings; to the Committee on House
Administration.
428. Also, memorial of the House of Representatives of the
State of New Hampshire, relative to urging the President and
the Congress to have the remains of certain Native Americans,
including those of Chief Passaconaway of Penacook, returned
from France to the United States of America; to the Committee
on Natural Resources.
Para. 62.22 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 39: Mr. Mann, Mr. Saxton, and Mr. Glickman.
H.R. 163: Mr. Shays.
H.R. 173: Mr. Shays.
H.R. 300: Mr. Huffington.
H.R. 425: Mr. Orton.
H.R. 427: Mr. Orton.
H.R. 494: Mr. Sundquist.
H.R. 500: Mr. DeFazio, Mr. Evans, and Mr. Bonior.
H.R. 830: Mr. Bilirakis.
H.R. 1164: Mr. Kleczka, Mr. Hinchey, and Mr. Glickman.
H.R. 1192: Mr. Shays.
H.R. 1322: Mr. Martinez and Mr. Dellums.
H.R. 1483: Mr. Shays.
H.R. 1671: Mrs. Schroeder, Mr. Brewster, Mr. Cardin, and
Mr. Bacchus of Florida.
H.R. 1897: Mr. Mollohan.
H.R. 1910: Mr. Huffington.
H.R. 2145: Mr. Berman, Mr. Calvert, Mr. Brown of
California, Mr. Doolittle, and Mr. Murtha.
H.R. 2292: Mr. Sabo.
H.R. 2648: Mr. Dellums and Mr. Hamburg.
H.R. 2837: Mr. Fingerhut.
H.R. 2898: Mr. Becerra.
H.R. 2929: Mr. Mann.
[[Page 1107]]
H.R. 2985: Mrs. Schroeder.
H.R. 3075: Mr. Mineta.
H.R. 3128: Mr. Johnston of Florida.
H.R. 3269: Mr. Goss and Mr. Rangel.
H.R. 3271: Mr. Knollenberg.
H.R. 3630: Mr. Darden and Mr. Gunderson.
H.R. 3646: Mr. Oxley, Mr. Parker, Mrs. Mink of Hawaii, Mr.
Everett, Mr. Michel, and Mr. Ewing.
H.R. 3927: Mr. Kopetski.
H.R. 4051: Mr. Evans.
H.R. 4091: Mr. Sharp, Mr. Hinchey, Mrs. Collins of
Illinois, and Ms. Eshoo.
H.R. 4106: Mr. Hilliard.
H.R. 4189: Mr. Petri.
H.R. 4213: Mr. Hinchey.
H.R. 4350: Mr. Hancock.
H.R. 4371: Mr. Ravenel and Mr. Cunningham.
H.R. 4386: Mr. Gordon, Mr. Skelton, Mr. Walsh, Mr. Rahall,
Mrs. Meek of Florida, Mr. Boehlert, Mr. Callahan, Mr. Myers
of Indiana, Mr. McCurdy, and Mr. Orton.
H.R. 4393: Mr. Towns, and Mr. Frost.
H.R. 4399: Mr. Bonior, Mr. Holden, Mr. Borski, Mr.
Blackwell, and Mr. Foglietta.
H.R. 4400: Mr. Brown of California.
H.R. 4404: Mr. Washington, Mrs. Morella, Mr. Quinn, and Mr.
McKeon.
H.R. 4441: Mr. Kasich and Mr. Oxley.
H.R. 4481: Mr. Oberstar and Mr. Hinchey.
H.R. 4491: Mr. Knollenberg, Mr. Schiff, Mrs. Meyers of
Kansas, Mr. Cramer, Mr. Sensenbrenner, Mr. Solomon, and Mr.
Torkildsen.
H.R. 4507: Mr. Lipinski and Mr. Rangel.
H.R. 4514: Mr. Kreidler, Mrs. Unsoeld, and Mr. Borski.
H.R. 4517: Mr. Traficant.
H.R. 4540: Mr. Lipinski, Mr. Martinez, Mr. Wilson, Mr.
Frost, Mr. Ridge, Mr. McCurdy, and Mr. Rangel.
H.R. 4560: Mr. Moakley.
H.J. Res. 90: Mr. Doolittle.
H.J. Res. 160: Mr. Hoekstra.
H.J. Res. 209: Mr. Johnson of Georgia.
H.J. Res. 328: Mr. Dellums.
H.J. Res. 364: Mr. Bonior, Mr. Lantos, and Mr. Barrett of
Wisconsin.
H. Con. Res. 90: Mr. Shays.
H. Con. Res. 148: Mr. Wise.
H. Con. Res. 166: Mr. Talent and Mr. Stump.
H. Con. Res. 209: Ms. McKinney.
H. Res. 291: Mr. Taylor of North Carolina.
H. Res. 434: Mr. Sensenbrenner and Mr. Herger.
H. Res. 437: Mr. Franks of Connecticut.
Para. 62.23 petitions, etc.
Under clause 1 of rule XXII, petitions and papers were laid on the
Clerk's desk and referred as follows:
96. By the SPEAKER: Petition of the Legislature of Rockland
County, NY, relative to memorializing Congress to discontinue
Federal subsidies to tobacco growers; to the Committee on
Agriculture.
97. Also, petition of the Legislature of Rockland County,
NY, relative to memorializing Congress in support of S. 993
and H.R. 140, the Federal Mandate Relief Act of 1993; to the
Committee on Government Operations.
98. Also, petition of the General Court, Commonwealth of
Massachusetts, relative to memorializing the Department of
the Interior to retain the National Park Service Regional
Headquarters in Boston, MA; to the Committee on Natural
Resources.
.
WEDNESDAY, JUNE 15, 1994 (63)
Para. 63.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
MONTGOMERY, who laid before the House the following communication:
Washington, DC,
June 15, 1994.
I hereby designate the Honorable G.V. (Sonny) Montgomery to
act as Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Para. 63.2 approval of the journal
The SPEAKER pro tempore, Mr. MONTGOMERY, announced he had examined and
approved the Journal of the proceedings of Tuesday, June 14, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 63.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3380. A letter from the Comptroller of the Department of
Defense, transmitting a report of a violation of the Anti-
Deficiency Act which occurred in the Department of the Army,
pursuant to 31 U.S.C. 1517(b); to the Committee on
Appropriations.
3381. A letter from the Commissioner, National Center for
Education Statistics, Department of Education, transmitting a
report entitled ``The Condition of Education, 1994,''
pursuant to 20 U.S.C. 1221e-1(d)(1); to the Committee on
Education and Labor.
3382. A letter from the Secretary of Veterans Affairs,
transmitting the semiannual report of the inspector general
for the period October 1, 1993 through March 31, 1994, and
the Department's Management Report on actions taken in
response to audit recommendations, pursuant to Public Law 95-
452, section 5(b) (102 Stat. 2526, 2640); to the Committee on
Government Operations.
3383. A letter from the Secretary of Health and Human
Services, transmitting the final report on the geographic
variation in hospital nonlabor input prices and expenditures;
to the Committee on Ways and Means.
3384. A letter from the Acting General Counsel, Department
of Defense, transmitting a draft of proposed legislation to
improve coordination of benefits information by sharing
health insurance information from the Medicare and Medicaid
Coverage Data Bank; jointly, to the Committees on Energy and
Commerce, Ways and Means, and Armed Services.
Para. 63.4 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed without amendment bills of the House of the
following titles:
H.R. 3676. An Act to amend the District of Columbia Spouse
Equity Act of 1988 to provide for coverage of the former
spouses of judges of the District of Columbia courts; and
H.R. 4205. An Act to amend title 11, D.C. Code, to clarify
that blind individuals are eligible to serve as jurors in the
Superior Court of the District of Columbia.
The message also announced that the Senate disagreed to the
amendments of the House to the bill (S. 1569) ``An Act to amend the
Public Health Service Act to establish, reauthorize and revise
provisions to improve the health of individuals from disadvantaged
backgrounds, and for other purposes.'', agreed to the conference asked
by the House on the disagreeing votes of the two Houses thereon, and
appointed Mr. Kennedy, Mr. Metzenbaum, Mr. Simon, Mrs. Kassebaum, and
Mr. Hatch, to be the conferees on the part of the Senate.
Para. 63.5 treasury and postal service appropriations
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to House Resolution
447 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the consideration of the
bill (H.R. 4539) making appropriations for the Treasury Department, the
United States Postal Service, the Executive Office of the President, and
certain Independent Agencies, for fiscal year ending September 30, 1995,
and for other purposes.
The SPEAKER pro tempore, Mr. MONTGOMERY, by unanimous consent,
designated Mr. STUDDS as Chairman of the Committee of the Whole; and
after some time spent therein,
Para. 63.6 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. GOSS:
At the end of title III (relating to Executive Office of
the President), insert the following:
Reduction of Funds
Each amount appropriated or otherwise made available by
this title that is not required to be appropriated or
otherwise made available by a provision of law (other than
for ``Office of National Drug Control Policy'' or ``Federal
Drug Control Programs'') is hereby reduced by 20 percent.
It was decided in the
Yeas
168
<3-line {>
negative
Nays
262
Para. 63.7 [Roll No. 236]
AYES--168
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bentley
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Condit
Cox
Crane
Crapo
Cunningham
de la Garza
DeLay
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Hunter
Inglis
Inhofe
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Linder
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
[[Page 1108]]
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Sensenbrenner
Shaw
Shays
Shuster
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--262
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gillmor
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Huffington
Hughes
Hutchinson
Hutto
Hyde
Inslee
Istook
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lightfoot
Lipinski
Livingston
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDade
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Richardson
Roemer
Romero-Barcelo (PR)
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt
Wheat
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--9
Brown (CA)
Michel
Miller (CA)
Miller (FL)
Reynolds
Schenk
Washington
Waxman
Whitten
So the amendment was not agreed to.
After some further time,
Para. 63.8 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. BURTON:
Page 23, line 2, strike ``$38,754,000'' and insert
``$33,754,000''.
It was decided in the
Yeas
147
<3-line {>
negative
Nays
287
Para. 63.9 [Roll No. 237]
AYES--147
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bentley
Bereuter
Boehlert
Boehner
Bonilla
Bunning
Burton
Calvert
Camp
Canady
Castle
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
DeLay
Doolittle
Dornan
Dreier
Duncan
Dunn
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilman
Gingrich
Goodlatte
Goss
Grams
Grandy
Greenwood
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Herger
Hobson
Hoekstra
Hoke
Horn
Huffington
Hutchinson
Hyde
Inglis
Inhofe
Jacobs
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Linder
Livingston
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McHugh
McInnis
McKeon
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Myers
Nussle
Oxley
Paxon
Penny
Petri
Pombo
Portman
Pryce (OH)
Quillen
Ramstad
Ravenel
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--287
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Buyer
Byrne
Callahan
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Glickman
Gonzalez
Goodling
Gordon
Green
Gunderson
Gutierrez
Hall (OH)
Hamburg
Harman
Hastings
Hayes
Hefley
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Houghton
Hoyer
Hughes
Hunter
Hutto
Inslee
Istook
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kolbe
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lightfoot
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDade
McDermott
McHale
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Packard
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Porter
Poshard
Price (NC)
Quinn
Rahall
Rangel
Reed
Regula
Richardson
Roemer
Romero-Barcelo (PR)
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--5
Dickey
Reynolds
Thornton
Washington
Wilson
So the amendment was not agreed to.
After some further time,
Para. 63.10 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. BARTLETT:
Page 23, line 2, insert after the period the following:
The amount otherwise provided under this heading is hereby
further reduced by $13,129.66.
[[Page 1109]]
It was decided in the
Yeas
195
<3-line {>
negative
Nays
236
Para. 63.11 [Roll No. 238]
AYES--195
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fingerhut
Fish
Fowler
Franks (CT)
Franks (NJ)
Furse
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hefley
Herger
Hoagland
Hobson
Hoekstra
Hoke
Horn
Huffington
Hunter
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kildee
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Maloney
Manzullo
McCandless
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McMillan
Meehan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Poshard
Pryce (OH)
Quillen
Ramstad
Ravenel
Regula
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Slattery
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Thurman
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--236
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barlow
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hochbrueckner
Holden
Houghton
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McKinney
McNulty
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Price (NC)
Quinn
Rahall
Rangel
Reed
Richardson
Romero-Barcelo (PR)
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--8
Brooks
Dickey
Hutchinson
Lowey
Reynolds
Thornton
Washington
Wilson
So the amendment was not agreed to.
After some further time,
Para. 63.12 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. HEFLEY:
Page 28, after line 4, insert the following:
Reduction of Funds
Each amount appropriated or otherwise made available by
this title (other than under the heading ``Office of National
Drug Control Policy'' or ``Federal Drug Control Programs'')
that is not required to be appropriated or otherwise made
available by a provision of law is hereby reduced by 5
percent.
It was decided in the
Yeas
200
<3-line {>
negative
Nays
236
Para. 63.13 [Roll No. 239]
AYES--200
Allard
Archer
Armey
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Costello
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hoagland
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutto
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kaptur
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lambert
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Mann
Manzullo
Margolies-Mezvinsky
McCandless
McCollum
McCrery
McCurdy
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Moorhead
Morella
Myers
Nussle
Orton
Oxley
Packard
Paxon
Penny
Peterson (MN)
Petri
Pombo
Porter
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Santorum
Saxton
Schaefer
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Thurman
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--236
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dickey
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Gutierrez
Hall (OH)
Hamburg
Harman
Hastings
Hefner
Hilliard
Hinchey
Hochbrueckner
Holden
Hoyer
Hughes
Hutchinson
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Manton
Markey
Martinez
Matsui
Mazzoli
McCloskey
[[Page 1110]]
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pickle
Pomeroy
Price (NC)
Rahall
Rangel
Reed
Richardson
Romero-Barcelo (PR)
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tejeda
Thompson
Thornton
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--3
Bachus (AL)
Reynolds
Washington
So the amendment was not agreed to.
After some further time,
Para. 63.14 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. ISTOOK:
Page 28, strike lines 15 through 23.
It was decided in the
Yeas
223
<3-line {>
affirmative
Nays
210
Para. 63.15 [Roll No. 240]
AYES--223
Allard
Andrews (ME)
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Bentley
Bliley
Boehlert
Boehner
Bonilla
Brewster
Browder
Bunning
Burton
Buyer
Calvert
Camp
Canady
Cantwell
Chapman
Coble
Collins (GA)
Combest
Condit
Costello
Cox
Crane
Crapo
Cunningham
Danner
Deal
DeFazio
DeLay
Dickey
Dicks
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fingerhut
Frank (MA)
Franks (CT)
Franks (NJ)
Furse
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gilman
Glickman
Goodlatte
Goss
Grandy
Green
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hoagland
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Johnson (SD)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kreidler
Kyl
Lambert
Laughlin
Leach
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Mann
Manzullo
Margolies-Mezvinsky
Markey
McCandless
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McMillan
Meehan
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Moorhead
Myers
Neal (MA)
Nussle
Owens
Oxley
Packard
Pallone
Parker
Paxon
Penny
Peterson (MN)
Petri
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce (OH)
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Royce
Sanders
Santorum
Saxton
Schaefer
Schenk
Schumer
Sensenbrenner
Shaw
Shays
Shepherd
Shuster
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stark
Stearns
Stenholm
Strickland
Studds
Stump
Stupak
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Torkildsen
Torricelli
Upton
Valentine
Visclosky
Volkmer
Vucanovich
Walsh
Weldon
Wolf
Wyden
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--210
Abercrombie
Ackerman
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barlow
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Blute
Bonior
Borski
Boucher
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Callahan
Cardin
Carr
Castle
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Coyne
Cramer
Darden
de la Garza
de Lugo (VI)
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fish
Flake
Foglietta
Ford (TN)
Fowler
Frost
Gejdenson
Gephardt
Geren
Gibbons
Gingrich
Gonzalez
Goodling
Gordon
Grams
Gutierrez
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hinchey
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Jefferson
Johnson (CT)
Johnson (GA)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
LaFalce
Lancaster
Lantos
LaRocco
Lazio
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Manton
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McKinney
McNulty
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pickle
Price (NC)
Quillen
Rahall
Rangel
Reed
Richardson
Romero-Barcelo (PR)
Rowland
Roybal-Allard
Rush
Sabo
Sangmeister
Sarpalius
Sawyer
Schiff
Schroeder
Scott
Serrano
Sisisky
Skaggs
Slattery
Slaughter
Smith (IA)
Spratt
Stokes
Sundquist
Swett
Swift
Synar
Tanner
Tejeda
Thomas (WY)
Thompson
Thornton
Thurman
Torres
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Velazquez
Vento
Walker
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--6
Cooper
Ford (MI)
Reynolds
Rostenkowski
Sharp
Washington
So the amendment was agreed to.
After some further time,
Para. 63.16 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. LIVINGSTON:
On page 29, line 12, strike ``$27,106,000'' and insert
``$23,564,000''.
It was decided in the
Yeas
231
<3-line {>
affirmative
Nays
197
Para. 63.17 [Roll No. 241]
AYES--231
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Brewster
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Condit
Costello
Cox
Crane
Crapo
Cunningham
de la Garza
Deal
DeLay
Deutsch
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Ford (MI)
Fowler
Franks (CT)
Furse
Gallegly
Gallo
Gekas
Gilchrest
Gilman
Gingrich
Goodlatte
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hilliard
Hobson
Hoekstra
Hoke
Holden
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
Kyl
LaFalce
Laughlin
Lazio
Leach
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manton
Manzullo
Margolies-Mezvinsky
McCandless
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McMillan
Meehan
Mica
Michel
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Murphy
Myers
Nussle
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Penny
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stump
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
[[Page 1111]]
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Torricelli
Traficant
Upton
Volkmer
Vucanovich
Walker
Walsh
Watt
Weldon
Williams
Wyden
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--197
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bishop
Bonior
Borski
Boucher
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Coyne
Cramer
Danner
Darden
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (TN)
Frank (MA)
Franks (NJ)
Frost
Gejdenson
Gephardt
Geren
Gibbons
Gillmor
Glickman
Gonzalez
Goodling
Gutierrez
Hamburg
Harman
Hastings
Hefner
Hinchey
Hoagland
Hochbrueckner
Hoyer
Hughes
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kildee
Kleczka
Klein
Kopetski
Kreidler
Lambert
Lancaster
Lantos
LaRocco
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McKinney
McNulty
Meek
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Neal (MA)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Pickle
Pomeroy
Price (NC)
Rahall
Rangel
Reed
Richardson
Romero-Barcelo (PR)
Rose
Rostenkowski
Roybal-Allard
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schumer
Scott
Serrano
Shepherd
Skaggs
Slattery
Slaughter
Smith (IA)
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tejeda
Thompson
Thornton
Thurman
Torres
Towns
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Waters
Waxman
Wheat
Whitten
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--11
Blackwell
Cooper
Fish
Kennelly
Neal (NC)
Reynolds
Rush
Sharp
Underwood (GU)
Washington
Wolf
So the amendment was agreed to.
After some further time,
Para. 63.18 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following substitute amendment submitted by Mr. POMEROY
for the amendment submitted by Mr. ISTOOK:
Substitute amendment submitted by Mr. POMEROY:
Page 30, line 15, strike ``$366,896,000'' and insert
``$361,615,520'';
Page 31, line 15, strike ``$4,979,106,000'' and insert
``$4,973,825,520'';
Page 31, line 15, strike ``$507,990,000'' and insert
``$502,709,520'';
Page 31, line 25, strike ``$12,241,000'' and insert
``$11,506,540'';
Page 32, line 8, strike ``$7,724,000'' and insert
``$7,260,560'';
Page 32, line 10, strike ``$6,000,000'' and insert
``$5,640,000'';
Page 32, line 11, strike ``$5,597,000'' and insert
``$5,261,180'';
Page 32, line 13, strike ``$3,100,000'' and insert
``$2,914,000'';
Page 32, line 14, strike ``$1,620,000'' and insert
``$1,522,800'';
Page 32, line 16, strike ``$5,363,000'' and insert
``$5,041,220'';
Page 33, line 1, strike ``$30,048,000'' and insert
``$28,245,120'';
Page 33, line 2, strike ``$3,000,000'' and insert
``$2,820,000'';
Page 33, line 4, strike ``$3,335,000'' and insert
``$3,134,900'';
Page 33, line 6, strike ``$3,123,000'' and insert
``$2,935,620'';
Page 33, line 10, strike ``$6,361,000'' and insert
``$5,979,340'';
Page 33, line 11, strike ``$6,857,000'' and insert
``$6,445,580'';
Page 40, line 22, strike ``$4,979,106,000'' and insert
``$4,973,825,520'';.
Amendment submitted by Mr. ISTOOK:
Page 31, line 23, strike ``$40,547,000'' and insert
``$39,091,363''.
Page 31, line 25, strike ``$12,241,000'' and insert
``$10,980,177''.
Page 32, line 2, strike ``$25,193,000'' and insert
``$21,917,910''.
Page 32, line 7, strike ``$4,600,000'' and insert
``$4,186,000''.
Page 32, line 8, strike ``$7,724,000'' and insert
``$7,075,184''.
Page 32, line 10, strike ``$6,000,000'' and insert
``$5,676,000''.
Page 32, line 11, strike ``$5,597,000'' and insert
``$5,294,762''.
Page 32, line 13, strike ``$3,100,000'' and insert
``$2,917,100''.
Page 32, line 14, strike ``$1,620,000'' and insert
``$1,500,120''.
Page 32, line 16, strike ``$5,363,000'' and insert
``$4,971,501''.
Page 32, line 21, strike ``$84,895,000'' and insert
``$82,945,635''.
Page 32, line 22, strike ``$176,863,000'' and insert
``$159,353,570''.
Page 33, line 1, strike ``$30,048,000'' and insert
``$27,523,968''.
Page 33, line 2, strike ``$3,000,000'' and insert
``$2,982,300''.
Page 33, line 4, strike ``$3,335,000'' and insert
``$2,964,815''.
Page 33, line 6, strike ``$3,123,000'' and insert
``$2,863,791''.
Page 33, line 10, strike ``$6,361,000'' and insert
``$5,979,340''.
Page 33, line 11, strike ``$6,857,000'' and insert
``$6,274,155''.
Page 33, line 12, strike ``$24,341,000'' and insert
``$24,260,675''.
Conform accordingly the 3 aggregate amounts set forth on
page 31, line 15; and page 40, line 22.
It was decided in the
Yeas
302
<3-line {>
affirmative
Nays
120
Para. 63.19 [Roll No. 242]
AYES--302
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Baker (LA)
Barca
Barcia
Barlow
Barrett (WI)
Barton
Becerra
Beilenson
Berman
Bevill
Bilbray
Bilirakis
Blackwell
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (OH)
Bryant
Buyer
Byrne
Calvert
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clinger
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Coppersmith
Costello
Cox
Coyne
Cramer
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Dornan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (TN)
Frank (MA)
Franks (CT)
Frost
Furse
Gallo
Gejdenson
Gephardt
Geren
Gibbons
Gillmor
Gilman
Glickman
Gonzalez
Goodling
Gordon
Grandy
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefley
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inslee
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
Kingston
Kleczka
Klein
Klink
Kolbe
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McInnis
McMillan
McNulty
Meehan
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Morella
Murphy
Nadler
Neal (MA)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Packard
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Poshard
Price (NC)
Pryce (OH)
Quinn
Rangel
Reed
Regula
Richardson
Ridge
Roberts
Roemer
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Smith (OR)
Snowe
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torricelli
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Williams
Wise
Woolsey
Wyden
Wynn
Yates
Young (AK)
NOES--120
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baker (CA)
Ballenger
Barrett (NE)
Bartlett
Bateman
Bentley
Bereuter
[[Page 1112]]
Bishop
Bliley
Boehner
Bonilla
Brown (FL)
Bunning
Burton
Callahan
Camp
Canady
Castle
Clyburn
Coble
Crane
Crapo
DeLay
Doolittle
Dreier
Duncan
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gingrich
Goodlatte
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Herger
Hoekstra
Hoke
Inglis
Inhofe
Istook
Jacobs
Johnson, Sam
King
Klug
Knollenberg
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manzullo
Margolies-Mezvinsky
McCollum
McCrery
McDade
McHugh
McKeon
McKinney
Meek
Mica
Miller (FL)
Moorhead
Murtha
Myers
Nussle
Oxley
Paxon
Petri
Porter
Portman
Quillen
Rahall
Ramstad
Ravenel
Rogers
Rohrabacher
Romero-Barcelo (PR)
Roth
Royce
Saxton
Schaefer
Sensenbrenner
Shaw
Smith (MI)
Smith (TX)
Solomon
Spence
Stearns
Stump
Sundquist
Taylor (NC)
Towns
Upton
Vucanovich
Walker
Young (FL)
Zeliff
Zimmer
NOT VOTING--17
Cooper
Edwards (CA)
Fish
Ford (MI)
Kanjorski
McCandless
McCurdy
Michel
Neal (NC)
Reynolds
Sharp
Torres
Underwood (GU)
Washington
Whitten
Wilson
Wolf
So the substitute amendment was agreed to.
Para. 63.20 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the foregoing amendment, as amended, submitted by Mr.
ISTOOK.
It was decided in the
Yeas
393
<3-line {>
affirmative
Nays
22
Para. 63.21 [Roll No. 243]
AYES--393
Abercrombie
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (OH)
Bryant
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clayton
Clement
Clinger
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Faleomavaega (AS)
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Flake
Foglietta
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hoekstra
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Leach
Lehman
Levin
Levy
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCrery
McDermott
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meehan
Menendez
Meyers
Mfume
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quinn
Ramstad
Rangel
Ravenel
Reed
Regula
Richardson
Ridge
Roberts
Roemer
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Walker
Walsh
Waters
Watt
Weldon
Wheat
Williams
Wise
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--22
Ackerman
Bacchus (FL)
Bishop
Brown (FL)
Bunning
Clyburn
Fowler
Hochbrueckner
Hoke
Lazio
Lewis (CA)
Lewis (KY)
McCollum
McDade
McKinney
Meek
Mica
Quillen
Rahall
Rogers
Serrano
Vucanovich
NOT VOTING--24
Bonior
Clay
Cooper
Cunningham
Edwards (CA)
Fish
Ford (MI)
Gingrich
Hunter
McCandless
McCurdy
Michel
Neal (NC)
Reynolds
Sharp
Slaughter
Torres
Torricelli
Underwood (GU)
Washington
Waxman
Whitten
Wilson
Wolf
So the amendment, as amended, was agreed to.
After some further time,
Para. 63.22 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. FAWELL:
Page 31, line 15, insert ``(less $11,427,000)'' before ``,
of which''.
Page 34, line 16, insert ``(less $11,427,000'' before ``,
which shall''.
Page 36, strike line 25 and all that follows through page
37, line 2.
Page 37, strike lines 9 through 11.
Page 38, line 24, insert ``and'' after the 1st semicolon.
Page 38, line 24, strike the last semicolon and all that
follows through ``Building'' on page 39, line 2.
Page 40, line 22, insert ``(less $11,427,000)'' before
``shall remain''.
It was decided in the
Yeas
145
<3-line {>
negative
Nays
271
Para. 63.23 [Roll No. 244]
AYES--145
Allard
Andrews (ME)
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Bentley
Bereuter
Bliley
Blute
Boehlert
Boehner
Bunning
Burton
Buyer
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Condit
Cox
Crane
Crapo
Danner
Dickey
Doolittle
Dreier
Duncan
Dunn
Ehlers
Emerson
Ewing
Fawell
Fields (TX)
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hoagland
Hoekstra
Horn
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kasich
Kim
King
Klug
Knollenberg
Kyl
LaFalce
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Linder
Lucas
Maloney
Manzullo
Margolies-Mezvinsky
McCandless
McCollum
McCrery
McCurdy
McHugh
McInnis
McKeon
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Nussle
Oxley
Pallone
Paxon
Penny
Petri
Pombo
Porter
Portman
Pryce (OH)
Quinn
Ramstad
Ravenel
Ridge
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Schiff
Sensenbrenner
Shays
Shuster
Slattery
Smith (MI)
Smith (OR)
Snowe
Solomon
Stearns
Stenholm
Stump
Talent
Taylor (NC)
Thomas (WY)
Torkildsen
Upton
Walker
Weldon
Zeliff
Zimmer
[[Page 1113]]
NOES--271
Abercrombie
Andrews (TX)
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Barton
Bateman
Becerra
Beilenson
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Callahan
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Costello
Coyne
Cramer
Cunningham
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Everett
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Frank (MA)
Frost
Furse
Gallo
Gejdenson
Gephardt
Geren
Gibbons
Gillmor
Gilman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hobson
Hochbrueckner
Hoke
Holden
Houghton
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kingston
Kleczka
Klein
Klink
Kolbe
Kopetski
Kreidler
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Lehman
Levin
Lewis (GA)
Lightfoot
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Mann
Manton
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Myers
Nadler
Neal (MA)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Packard
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Quillen
Rahall
Rangel
Reed
Regula
Richardson
Roemer
Rogers
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schaefer
Schenk
Schroeder
Schumer
Scott
Serrano
Shaw
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Smith (TX)
Spence
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Wheat
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
NOT VOTING--23
Ackerman
Applegate
Berman
Cooper
Dooley
Dornan
Fish
Ford (MI)
Ford (TN)
Fowler
Glickman
McDade
Neal (NC)
Reynolds
Romero-Barcelo (PR)
Saxton
Sharp
Tauzin
Thomas (CA)
Torres
Underwood (GU)
Washington
Whitten
So the amendment was not agreed to.
After some further time,
Para. 63.24 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. FAWELL:
Page 31, line 15, insert ``(less $11,427,000)'' before ``,
of which''.
Page 34, line 16, insert ``(less $11,427,000)'' before ``,
which shall''.
Page 36, strike line 25 and all that follows through page
37, line 2.
Page 37, strike lines 9 through 11.
Page 38, line 24, insert ``and'' after the 1st semicolon.
Page 38, line 24, strike the last semicolon and all that
follows through ``Building'' on page 39, line 2.
Page 40, line 22, insert ``(less $11,427,000)'' before
``shall remain''.
It was decided in the
Yeas
136
<3-line {>
negative
Nays
276
Para. 63.25 [Roll No. 245]
AYES--136
Allard
Andrews (ME)
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bereuter
Bliley
Boehlert
Boehner
Bunning
Burton
Buyer
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Condit
Cox
Crane
Crapo
Danner
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ewing
Fawell
Fields (TX)
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hoekstra
Horn
Huffington
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kyl
Leach
Levy
Lewis (FL)
Lewis (KY)
Linder
Lucas
Manzullo
Margolies-Mezvinsky
McCandless
McCrery
McHugh
McInnis
McKeon
McMillan
Mica
Michel
Miller (FL)
Moorhead
Morella
Nussle
Oxley
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quinn
Ramstad
Ravenel
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Schaefer
Schiff
Sensenbrenner
Shays
Shuster
Smith (MI)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stenholm
Stump
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Walker
Weldon
Zeliff
Zimmer
NOES--276
Abercrombie
Ackerman
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Bentley
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Blute
Bonilla
Bonior
Borski
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Callahan
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Conyers
Coppersmith
Costello
Coyne
Cramer
Cunningham
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Emerson
Engel
English
Eshoo
Evans
Everett
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Frank (MA)
Frost
Furse
Gallo
Gejdenson
Gephardt
Geren
Gibbons
Gillmor
Gonzalez
Gordon
Green
Gunderson
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoke
Holden
Houghton
Hoyer
Hughes
Hunter
Hutto
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kolbe
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Lehman
Levin
Lewis (CA)
Lewis (GA)
Lightfoot
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Markey
Martinez
Matsui
Mazzoli
McCollum
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Murphy
Murtha
Myers
Nadler
Neal (MA)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Packard
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Price (NC)
Quillen
Rahall
Rangel
Reed
Regula
Richardson
Ridge
Roberts
Roemer
Rogers
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Shaw
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spratt
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Wheat
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
NOT VOTING--27
Berman
Boucher
Collins (IL)
Cooper
Fish
Ford (MI)
Ford (TN)
Fowler
Glickman
McCloskey
McDade
Moran
Neal (NC)
Pelosi
Penny
Pickle
Reynolds
Romero-Barcelo (PR)
Saxton
Sharp
Stark
Tauzin
Torres
Underwood (GU)
Washington
Whitten
Williams
So the amendment was not agreed to.
After some further time,
Para. 63.26 motion to rise and report
A recorded vote by electronic device was ordered in the Committee of
the Whole on the motion of Mr. HOYER that the Committee do now rise and
report the bill back to the House with
[[Page 1114]]
sundry amendments with the recommendation that the amendments be agreed
to and that the bill, as amended, do pass.
It was decided in the
Yeas
245
<3-line {>
affirmative
Nays
175
Para. 63.27 [Roll No. 246]
AYES--245
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bevill
Bilbray
Bishop
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Murphy
Murtha
Nadler
Neal (MA)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOES--175
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--19
Berman
Blackwell
Collins (IL)
Cooper
Fish
Ford (MI)
Glickman
McDade
Moran
Neal (NC)
Reynolds
Romero-Barcelo (PR)
Saxton
Sharp
Swift
Torres
Underwood (GU)
Washington
Whitten
So the motion was agreed to.
The SPEAKER pro tempore, Mr. GEPHARDT, assumed the Chair.
When Mr. STUDDS, Chairman, reported that the Committee, having had
under consideration said bill, had directed him to report the same back
to the House with sundry amendments adopted by the Committee with the
recommendation that the amendments be agreed to and that the bill, as
amended, do pass.
The previous question having been ordered by said resolution.
The following amendments, reported from the Committee of the Whole
House on the state of the Union, were agreed to:
Page 20, line 25, strike ``$92,317,000'' and insert
``$85,717,000''.
Page 28, strike lines 8 through 14.
Page 28, strike lines 15 through 23.
On page 29, line 12, strike ``$27,106,000'' and insert
``$23,564,000''.
Page 30, line 15, strike ``$366,896,000'' and insert
``$361,615,520'';
Page 31, line 15, strike ``$4,979,106,000'' and insert
``$4,973,825,520'';
Page 31, line 15, strike ``$507,990,000'' and insert
``$502,709,520'';
Page 31, line 25, strike ``$12,241,000'' and insert
``$11,506,540'';
Page 32, line 8, strike ``$7,724,000'' and insert
``$7,260,560'';
Page 32, line 10, strike ``$6,000,000'' and insert
``$5,640,000'';
Page 32, line 11, strike ``$5,597,000'' and insert
``$5,261,180'';
Page 32, line 13, strike ``$3,100,000'' and insert
``$2,914,000'';
Page 32, line 14, strike ``$1,620,000'' and insert
``$1,522,800'';
Page 32, line 16, strike ``$5,363,000'' and insert
``$5,041,220'';
Page 33, line 1, strike ``$30,048,000'' and insert
``$28,245,120'';
Page 33, line 2, strike ``$3,000,000'' and insert
``$2,820,000'';
Page 33, line 4, strike ``$3,335,000'' and insert
``$3,134,900'';
Page 33, line 6, strike ``$3,123,000'' and insert
``$2,935,620'';
Page 33, line 10, strike ``$6,361,000'' and insert
``$5,979,340'';
Page 33, line 11, strike ``$6,857,000'' and insert
``$6,445,580'';
Page 40, line 22, strike ``$4,979,106,000'' and insert
``$4,973,825,520'';.
On page 50, after line 23, insert the following:
john f. kennedy assassination records review board
salaries and expenses
For expenses necessary to carry out the John F. Kennedy
Assassination Records Collection Act of 1992, $2,418,000, to
remain available until expended.
Page 92, after line 7, insert the following new section:
Sec. 633. (a) In General.--Hereafter, the employment of any
individual within the Executive Office of the President shall
be placed in leave without pay status if the individual--
(1) has not, within 30 days of commencing such employment
or by October 31, 1994 (whichever occurs later), submitted a
completed questionnaire for sensitive positions (SF-86); or
(2) has not, within 6 months of commencing such employment
or by October 31, 1994 (whichever occurs later), had his or
her background investigation, if completed, forwarded by the
counsel to the President to the United States Secret Service
for issuance of the appropriate White House pass.
(b) Exemption.--Subsection (a) shall not apply to any
individual specifically exempted from such subsection by the
President or his designee.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
Mr. MYERS moved to recommit the bill to the Committee on
Appropriations with instructions to examine funding levels for accounts
included under title III of the bill in light of current White House
policy regarding the use of White House legal counsel on matters not
related to the performance of official duties and promptly report it
back to the House with such recommendations as may be necessary to
ensure that all applicable executive orders, directives, regulations and
laws regarding the use of White House legal counsel are complied with.
After debate,
By unanimous consent, the previous question was ordered on the motion
to recommit with instructions.
The question being put, viva voce,
[[Page 1115]]
Will the House recommit said bill?
The SPEAKER pro tempore, Mr. GEPHARDT, announced that the nays had it.
So the motion to recommit with instructions was not agreed to.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. GEPHARDT, announced that the yeas had it.
Mr. BURTON demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
276
<3-line {>
affirmative
Nays
139
Para. 63.28 [Roll No. 247]
AYES--276
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Bentley
Bevill
Bilbray
Bishop
Boehlert
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Byrne
Callahan
Calvert
Cantwell
Cardin
Carr
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Emerson
Engel
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (TN)
Fowler
Frank (MA)
Frost
Furse
Gallo
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gilman
Gonzalez
Gordon
Grandy
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Hansen
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoke
Holden
Horn
Houghton
Hoyer
Hughes
Inslee
Istook
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kingston
Kleczka
Klein
Klink
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCollum
McCrery
McDermott
McHale
McHugh
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Mfume
Michel
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Montgomery
Morella
Murphy
Murtha
Nadler
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Packard
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Porter
Poshard
Price (NC)
Quillen
Rahall
Rangel
Reed
Regula
Richardson
Roemer
Rogers
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Solomon
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Sundquist
Swift
Synar
Tanner
Tejeda
Thomas (WY)
Thompson
Thornton
Thurman
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Wheat
Williams
Wise
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
NOES--139
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barrett (NE)
Bartlett
Barton
Bereuter
Bilirakis
Bliley
Blute
Boehner
Burton
Buyer
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Condit
Cox
Crane
Crapo
Cunningham
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ewing
Fawell
Fields (TX)
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hancock
Hastert
Hefley
Herger
Hoekstra
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Jacobs
Johnson (CT)
Johnson, Sam
Kim
King
Klug
Knollenberg
Levy
Lewis (FL)
Linder
Lucas
Manzullo
McCandless
McCurdy
McInnis
McKeon
Meyers
Mica
Miller (FL)
Minge
Molinari
Moorhead
Myers
Nussle
Oxley
Pallone
Paxon
Penny
Petri
Pombo
Portman
Pryce (OH)
Quinn
Ramstad
Ravenel
Ridge
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Slattery
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Spence
Stearns
Stenholm
Stump
Swett
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Torkildsen
Upton
Walker
Weldon
Wolf
Zeliff
Zimmer
NOT VOTING--19
Berman
Blackwell
Chapman
Collins (IL)
Cooper
Fish
Ford (MI)
Glickman
McDade
Moran
Neal (NC)
Reynolds
Saxton
Sharp
Thomas (CA)
Torres
Washington
Whitten
Wilson
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 63.29 waiving points of order against h.r. 4554
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-548) the resolution (H. Res. 455) waiving certain points of
order against the bill (H.R. 4554) making appropriations for
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies programs for the fiscal year ending September 30, 1995,
and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 63.30 committee election--minority
Mr. GINGRICH, by direction of the Republican Conference, submitted the
following privileged resolution (H. Res. 456):
Resolved, That Representative Ron Lewis of Kentucky be and
is hereby elected to the following standing committees of the
House of Representatives: the Committee on Agriculture, and
the Committee on Veterans Affairs
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 63.31 notice requirement--motion to instruct conferees--h.r. 3355
Mr. McCOLLUM, pursuant to clause 1(c) of rule XXVIII, announced his
intention to instruct the managers on the part of the House at the
conference with the Senate on the disagreeing votes of the two Houses on
the House amendment to the Senate amendment to the bill (H.R. 3355) to
amend the Omnibus Crime Control and Safe Streets Act of 1968 to allow
grants to increase police presence, to expand and improve cooperative
efforts between law enforcement agencies and members of the community to
address crime and disorder problems, and otherwise to enhance public
safety, be instructed not to agree to title IX, relating to racially
discriminatory sentencing, of the House amendment or to any similar
provision.
Para. 63.32 enrolled bills signed
Mr. ROSE, from the Committee on House Administration, reported that
that committee had examined and found truly enrolled bills of the House
of the following titles, which were thereupon signed by the Speaker:
H.R. 3676. An Act to amend the District of Columbia Spouse
Equity Act of 1988 to provide for coverage of the former
spouses of judges of the District of Columbia courts.
H.R. 4205. An Act to amend title 11, D.C. Code, to clarify
that blind individuals are eligible to serve as jurors in the
Superior Court of the District of Columbia.
Para. 63.33 leave of absence
By unanimous consent, leave of absence was granted to Mrs. FOWLER, for
today from 7:30 p.m. until 10:45 p.m.
And then,
Para. 63.34 adjournment
On motion of Mr. SOLOMON, at 12 o'clock midnight, the House adjourned.
Para. 63.35 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
[[Page 1116]]
Mr. DERRICK: Committee on Rules. House Resolution 455.
Resolution waiving certain points of order against the bill
(H.R. 4554) making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies programs for the fiscal year ending September 30,
1995, and for other purposes (Rept. No. 103-548). Referred to
the House Calendar.
Para. 63.36 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. de la GARZA:
H.R 4581. A bill to provide for the imposition of temporary
fees in connection with the handling of complaints of
violations of the Perishable Agriculture Commodities Act,
1930; to the Committee on Agriculture.
By Ms. NORTON (for herself, Mr. Wynn, Mr. Mfume, and
Mr. Rangel):
H.R 4582. A bill to require the Architect of the Capitol to
establish and maintain a comprehensive personnel management
system, and for other purposes; jointly, to the Committees on
House Administration and Post Office and Civil Service.
By Mr. OBERSTAR:
H.R 4584. A bill to impose restrictions on the use of
certain special purpose aircraft; to the Committee on Public
Works and Transportation.
By Mr. GINGRICH:
H. Res. 456. Resolution electing Representative Lewis of
Kentucky to the Committees on Agriculture and Veterans'
Affairs; considered and agreed to.
Para. 63.37 memorials
Under clause 4 of rule XXII.
429. The SPEAKER presented a memorial of the Senate of the
State of Illinois, relative to funding for the Edward Byrne
Memorial Formula Grant Program; which was referred to the
Committee on the Judiciary.
Para. 63.38 private bills and resolutions
Under clause 1 of rule XXII.
Mr. GILCHREST introduced a bill (H.R. 4583) to clear
certain impediments to the licensing of a vessel for
employment in coastwise trade and fisheries of the United
States; which was referred to the Committee on Merchant
Marine and Fisheries.
Para. 63.39 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 55: Mr. Lipinski.
H.R. 65: Mr. Livingston and Mr. Mineta.
H.R. 82: Mr. Deal.
H.R. 123: Mr. Kolbe.
H.R. 349: Mr. Lucas.
H.R. 702: Mr. Barca of Wisconsin, and Mr. McCloskey.
H.R. 794: Mr. Wynn and Mr. Stupak.
H.R. 911: Mr. Evans and Mr. Thompson.
H.R. 998: Mr. Shays.
H.R. 1293: Mr. Penny.
H.R. 1423: Mr. Saxton, Mr. Bateman, Mr. Ehlers, Mr. Andrews
of New Jersey, Mr. Levy, Mr. Neal of Massachusetts, Mr.
Klink, Mr. LaFalce, Mr. Hamburg, and Mr. McNulty.
H.R. 1595: Mr. Roemer.
1671: Mr. Bryant, Mrs. Bentley, and Mr. Gene Green of
Texas.
H.R. 1737: Mr. Lipinski.
H.R. 1968: Mr. Clement.
H.R. 2019: Mr. Smith of New Jersey.
H.R. 2035: Mr. Shays.
H.R. 2292: Mr. Meehan and Mr. Richardson.
H.R. 2418: Mr. Wolf and Mr. Hobson.
H.R. 2556: Mr. Duncan.
H.R. 2863: Mr. McDade.
H.R. 2929: Mr. Fingerhut.
H.R. 3017: Mr. Wise.
H.R. 3271: Mr. Hyde.
H.R. 3762: Mrs. Fowler.
H.R. 3871: Mr. Talent and Mr. Cox.
H.R. 3900: Mr. Serrano.
H.R. 3940: Mr. Dellums and Mr. Frost.
H.R. 4014: Mr. Wilson.
H.R. 4040: Ms. Norton, Mr. Neal of Massachusetts, Mr.
Blackwell, Mr. Olver, Mr. McCloskey, Mr. Holden, Mr. Stokes,
and Mr. Rangel.
H.R. 4050: Mr. Gunderson.
H.R. 4095: Mr. Clement and Mr. Kolbe.
H.R. 4129: Mr. Laughlin and Mr. Hinchey.
H.R. 4158: Mr. Rangel, Mr. Manton, and Mr. Engel.
H.R. 4222: Mr. Canady and Mr. Bateman.
H.R. 4271: Mr. Gonzalez and Mrs. Meek of Florida.
H.R. 4370: Mrs. Maloney.
H.R. 4375: Mr. Vento, Mr. Torres, and Mr. Romero-Barcelo.
H.R. 4386: Mrs. Lloyd, Mr. Ackerman, Mr. Ortiz, Mr.
Bateman, Mr. Dellums, Mr. Camp, Mr. Hochbrueckner, Mr.
Weldon, Mr. Lipinski, Mr. Pete Geren of Texas, Mr. Price of
North Carolina, Mr. Gene Green of Texas, Mr. Filner, and Mr.
Frost.
H.R. 4399: Mr. Stupak, Mr. Romero-Barcelo, Mr. Barcia of
Michigan, Mr. Thompson, and Mr. Orton.
H.R. 4404: Mr. Moran, Mr. Quillen, Mr. Boehlert, Mr.
Cardin, Mr. Porter, Mr. Ehlers, Mr. Upton, Mr. Leach, Mr.
Regula, Mr. Hyde, Mr. Kasich, Mr. Mfume, Mr. Hastert, and Mr.
Hoekstra.
H.R. 4414: Mr.McHale.
H.R. 4522: Mr. Boucher.
H.R. 4527: Mr. Johnson of South Dakota.
H.R. 4540: Mr. Gene Green of Texas and Mr. Sangmeister.
H.R. 4579: Mrs. Meek of Florida, Ms. Brown of Florida, and
Ms. McKinney.
H.J. Res. 90: Mr. Packard and Mr. Oxley.
H.J. Res. 338: Mr. Upton and Ms. Brown of Florida.
H.J. Res. 353: Ms. Eddie Bernice Johnson of Texas, Mr.
Vento, Mr. Dellums, Mr. Bilbray, Mr. Waxman, Mr. Tejeda, Mr.
Neal of Massachusetts, Mr. Lewis of Florida, Mr. Kasich, Mr.
Smith of Texas, Mr. Blute, Mrs. Thurman, Mr. Flake, Mr. Gene
Green of Texas, Mrs. Meyers of Kansas, Mr. Saxton, Mr.
McCrery, Mr. Fawell, Mr. Levin, Mr. Dooley, Ms. Pelosi, Mr.
Edwards of California, Mr. Hamburg, Ms. Roybal-Allard, Ms.
Waters, Mr. de Lugo, Mr. Stokes, Mr. Frank of Massachusetts,
Mr. Hobson, Mr. Hefner, Mr. Clement, Mr. Markey, Mr.
Richardson, Mr. Meehan, Mr. Gekas, Mr. Parker, Mr. Roemer,
Mr. Traficant, Mr. Hastings, Ms. English of Arizona, Mr.
Wilson, Ms. Norton, Mr. Sabo, Mr. Kennedy, Mr. King, Mr.
Myers of Indiana, Mr. Hutchinson, Mr. Hilliard, Mr.
Applegate, Mrs. Bentley, Mr. Bilirakis, Mr. Bliley, Mr.
DeLay, Ms. Dunn, Mr. McDade, Mr. McCollum, Mrs. Morella, Mr.
Hall of Texas, Mr. Hamilton, Mr. Bryant, Mr. Martinez, Mrs.
Mink of Hawaii, Mr. Edwards of Texas, Mr. Boucher, Mr.
Sisisky, Mr. Callahan, Mr. Lewis of Georgia, Mr. Dingell, Mr.
Rahall, Mr. Matsui, Mr. Hyde, Mr. Johnson of South Dakota,
Mr. Thornton, Ms. Slaughter, Mr. Livingston, Mr. Volkmer, Mr.
Brewster, Mr. Jefferson, Mr. Dornan, Mr. Farr, Mr. Emerson,
Mr. McNulty, Mrs. Johnson of Connecticut, Mr. Bishop, Mr.
Lantos, Mr. Moran, Mr. Coleman, Mr. Sarpalius, and Mrs.
Unsoeld.
H.J. Res. 359: Mr. Parker, Mr. Scott, Ms. Norton, Mr. Diaz-
Balart, Mr. Cox, Mr. Machtley, Ms. Roybal-Allard, Mr.
Clyburn, Mr. Weldon, Mr. Pastor, Mr. Underwood, Ms.
Molinari, Mr. Pickett, Mr. LaFalce, Mr. Clement, and Ms.
DeLauro.
H.J. Res. 362: Mr. Evans, Mr. Valentine, Mr. Deutsch, Mr.
Kasich, Mr. Lipinski, Mr. Filner, and Mr. LaFalce.
H.J. Res. 373: Mr. Bunning and Mr. Wolf.
H. Con. Res. 6: Ms. Molinari.
H. Con. Res. 195: Mr. Fingerhut.
H. Con. Res. 210: Ms. Slaughter and Mr. Mann.
H. Con. Res. 245: Ms. Furse.
H. Con. Res. 253: Mr. Hamburg, Ms. Margolies-Mezvinsky, Mr.
Evans, and Mr. Gilchrest.
H. Res. 255: Mrs. Vucanovich.
H. Res. 434: Mr. Johnson of South Dakota.
H. Res. 446: Mr. Franks of New Jersey, Mr. Greenwood, Mr.
Hall of Texas, Mr. Hoke, Mr. Penny, Mr. Ravenel, and Mr.
Skeen.
Para. 63.40 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 1818. Mr. Gutierrez.
.
Thursday, June 16, 1994 (64)
The House was called to order by the SPEAKER.
Para. 64.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Wednesday, June 15, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 64.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3385. A letter from the Secretary, Department of Energy,
transmitting the Department's report on utilization of coal
combustion byproducts, pursuant to Public Law 102-486,
section 1334(b)(2) (106 Stat. 2984); to the Committee on
Energy and Commerce.
3386. A letter from the Secretary of Energy, transmitting
the quarterly report for the Strategic Petroleum Reserve
covering the first quarter of the calendar year 1994,
pursuant to 42 U.S.C. 6245(b); to the Committee on Energy and
Commerce.
3387. A letter from the Director, Administrative Office of
the United States Courts, transmitting the actuarial reports
on the Judicial Retirement System, the Judicial Officers'
Retirement Fund, the Judicial Survivors' Annuities System,
and the Court of Federal Claims Judges' Retirement System for
the plan year ending September 30, 1993, pursuant to 31
U.S.C. 9503(a)(1)(B); to the Committee on Government
Operations.
3388. A letter from the Chairman, National Labor Relations
Board, transmitting the semiannual report on the activities
of the Inspector General for the period October 1, 1993
through March 31, 1994, pursuant to Public Law 95-452,
section 5(b) (102 Stat. 2526); to the Committee on Government
Operations.
3389. A letter from the Secretary of Energy, transmitting
the Department's report entitled, ``Warren Station Externally
Fired Combined Cycle Demonstration Project,'' pursuant to
Public Law 102-154, title II (105 Stat. 1020); jointly, to
the Committees on Appropriations, Energy and Commerce, and
Science, Space, and Technology.
Para. 64.3 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate agreed to the amend-
[[Page 1117]]
ment of the House to the bill (S. 1904) ``An Act to amend title 38,
United States Code, to improve the organization and procedures of the
Board of Veterans' Appeals.''.
The message also announced that the Senate has passed a joint
resolution of the following title, in which the concurrence of the House
is requested:
S.J. Res. 175. Joint resolution to designate the week
beginning June 13, 1994, as ``National Parkinson's Disease
Awareness Week.''
The message also announced that pursuant to Public Law 102-375, as
amended by Public Law 103-171, the Chair, on behalf of the majority
leader after consultation with the Republican leader, appointed Mr.
Pryor from the Special Committee on Aging, Ms. Mikulski from the
Committee on Labor and Human Resources, Mr. Moynihan from the Committee
on Finance, and Mr. Cohen from the Special Committee on Aging, as
members of the Policy Committee to the White House Conference on Aging.
Para. 64.4 perishable agricultural commodities
On motion of Mr. de la GARZA, by unanimous consent, the Committee on
Agriculture was discharged from further consideration of the bill (H.R.
4581) to provide for the imposition of temporary fees in connection with
the handling of complaints of violations of the Perishable Agricultural
Commodities Act, 1930.
When said bill was considered, read twice, ordered to be engrossed and
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 64.5 waiving points of order against h.r. 4554
Mr. GORDON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 454):
Resolved, That points of order against consideration of the
bill (H.R. 4556) making appropriations for the Department of
Transportation and related agencies for the fiscal year
ending September 30, 1995, and for other purposes, for
failure to comply with clause 2(l)(6) of rule XI or clause 7
of rule XXI are waived. During consideration of the bill, all
points of order against provisions in the bill for failure to
comply with clause 2 or 6 of rule XXI are waived except as
follows: beginning on page 53, line 9, through page 54, line
22.
When said resolution was considered.
After debate,
Mr. GORDON moved the previous question on the resolution to its
adoption or rejection.
The question being put, viva voce,
Will the House now order the previous question?
The SPEAKER pro tempore, Mr. WISE, announced that the nays had it.
Mr. GORDON objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
241
When there appeared
<3-line {>
Nays
177
Para. 64.6 [Roll No. 248]
YEAS--241
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Cantwell
Cardin
Carr
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--177
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Traficant
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--16
Andrews (NJ)
Bentley
Chapman
Crapo
Dellums
Istook
McCurdy
Reynolds
Slattery
Slaughter
Snowe
Tauzin
Tucker
Washington
Wheat
Whitten
So the previous question on the resolution was ordered.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. WISE, announced that the nays had it.
Mr. GORDON demanded a recorded vote on agreeing to said resolution,
which demand was supported by one-fifth of a quorum, so a recorded vote
was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
239
<3-line {>
affirmative
Nays
180
Para. 64.7 [Roll No. 249]
AYES--239
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Cantwell
Cardin
Carr
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
[[Page 1118]]
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Skaggs
Skelton
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOES--180
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pickett
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Sisisky
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--15
Andrews (NJ)
Bentley
Chapman
Derrick
Hall (OH)
Hall (TX)
McCurdy
Mica
Reynolds
Slattery
Slaughter
Tucker
Washington
Wheat
Whitten
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 64.8 transportation appropriations
Mr. CARR moved that the House resolve itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 4556) making appropriations for the Department of Transportation
and related agencies for the fiscal year ending September 30, 1995, and
for other purposes.
Pending said motion,
On motion of Mr. CARR, by unanimous consent,
Ordered, That time for general debate continue not to exceed one hour
to be equally divided and controlled by Mr. CARR and Mr. WOLF.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. WISE, announced that the yeas had it.
So the motion was agreed to.
Accordingly,
The House resolved itself into the Committee of the Whole House on the
state of the Union for the consideration of said bill.
The SPEAKER pro tempore, Mr. WISE, by unanimous consent, designated
Mr. BOUCHER as Chairman of the Committee of the Whole; and after some
time spent therein,
Para. 64.9 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. KASICH:
Page 34, strike line 17 and all that follows through
``That'' on line 25.
It was decided in the
Yeas
234
<3-line {>
affirmative
Nays
192
Para. 64.10 [Roll No. 250]
AYES--234
Allard
Andrews (NJ)
Andrews (TX)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barca
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Bentley
Bereuter
Berman
Bilbray
Bilirakis
Bliley
Blute
Boehner
Bonilla
Browder
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cardin
Castle
Chapman
Clement
Coble
Collins (GA)
Combest
Condit
Cooper
Cox
Crane
Crapo
Cunningham
de la Garza
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
Everett
Ewing
Fawell
Fingerhut
Fish
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grandy
Greenwood
Gunderson
Gutierrez
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hoagland
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson (GA)
Johnson, Sam
Johnston
Kasich
Kennedy
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
LaRocco
Lazio
Leach
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lloyd
Long
Lucas
Machtley
Maloney
Mann
Manzullo
Margolies-Mezvinsky
McCandless
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McKeon
McMillan
Meehan
Mfume
Mica
Miller (CA)
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Myers
Neal (MA)
Neal (NC)
Nussle
Orton
Packard
Parker
Paxon
Payne (VA)
Penny
Peterson (FL)
Petri
Pickett
Pickle
Pombo
Porter
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Strickland
Stump
Sundquist
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thurman
Torkildsen
Torricelli
Upton
Valentine
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--192
Abercrombie
Ackerman
Andrews (ME)
Applegate
Baesler
Barcia
Barlow
Becerra
Beilenson
Bevill
Bishop
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Brown (FL)
Brown (OH)
Bryant
Cantwell
Carr
Clay
Clayton
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de Lugo (VI)
Deal
DeFazio
[[Page 1119]]
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Durbin
Edwards (CA)
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Foglietta
Ford (TN)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Gonzalez
Green
Hall (OH)
Hamburg
Hamilton
Hastings
Hefner
Hinchey
Hochbrueckner
Holden
Hoyer
Hughes
Inslee
Jefferson
Johnson (SD)
Johnson, E. B.
Kanjorski
Kaptur
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
Laughlin
Levin
Lipinski
Lowey
Manton
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McKinney
McNulty
Meek
Menendez
Meyers
Mineta
Mink
Moakley
Mollohan
Moran
Morella
Murphy
Murtha
Nadler
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Owens
Oxley
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reed
Richardson
Romero-Barcelo (PR)
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schumer
Scott
Serrano
Sharp
Shepherd
Shuster
Skaggs
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Studds
Stupak
Swett
Swift
Synar
Thompson
Thornton
Torres
Towns
Traficant
Underwood (GU)
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--13
Blackwell
Brown (CA)
Dooley
Ford (MI)
Grams
Harman
Hilliard
Lewis (GA)
McCurdy
Michel
Reynolds
Tucker
Washington
So the amendment was agreed to.
After some further time,
Para. 64.11 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. HEFLEY:
Page 23, line 21, strike ``$771,700,000, of which
$526,700,000'' and insert ``$694,530,000, of which
$474,030,000''.
Page 23, line 24, strike ``$245,000,000'' and insert
``$220,500,000''.
Page 24, line 7, strike ``$8,000,000'' and insert
``$7,200,000''.
It was decided in the
Yeas
103
<3-line {>
negative
Nays
326
Para. 64.12 [Roll No. 251]
AYES--103
Allard
Andrews (TX)
Archer
Armey
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bilirakis
Boehner
Bonilla
Brewster
Bunning
Burton
Buyer
Camp
Canady
Coble
Collins (GA)
Combest
Cooper
Cox
Crane
Cunningham
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Edwards (TX)
Fawell
Fields (TX)
Goss
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Horn
Huffington
Hunter
Hutchinson
Inglis
Inhofe
Istook
Johnson, Sam
Kasich
Kim
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lewis (FL)
Lightfoot
Linder
Livingston
Manzullo
McCandless
McCollum
McCrery
McInnis
McKeon
Miller (FL)
Minge
Nussle
Packard
Paxon
Penny
Petri
Pombo
Porter
Portman
Pryce (OH)
Ramstad
Ravenel
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Royce
Schaefer
Sensenbrenner
Shaw
Shays
Shuster
Smith (MI)
Smith (TX)
Stearns
Stenholm
Stump
Synar
Talent
Thomas (WY)
Vucanovich
Walker
Young (FL)
NOES--326
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Applegate
Bacchus (FL)
Bachus (AL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Bliley
Blute
Boehlert
Bonior
Borski
Boucher
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Callahan
Calvert
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Coppersmith
Costello
Coyne
Cramer
Crapo
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Dunn
Durbin
Edwards (CA)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hinchey
Hoagland
Hochbrueckner
Hoke
Holden
Houghton
Hoyer
Hughes
Hutto
Hyde
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
King
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lipinski
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDade
McDermott
McHale
McHugh
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Miller (CA)
Mineta
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Quillen
Quinn
Rahall
Rangel
Reed
Regula
Richardson
Roemer
Rogers
Romero-Barcelo (PR)
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Smith (OR)
Snowe
Solomon
Spence
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Zeliff
Zimmer
NOT VOTING--10
Collins (IL)
Grams
Hilliard
McCurdy
Michel
Reynolds
Ridge
Rush
Tucker
Washington
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. MAZZOLI, assumed the Chair.
When Mr. BOUCHER, Chairman, reported that the Committee, having had
under consideration said bill, had directed him to report the same back
to the House with sundry amendments adopted by the Committee with the
recommendation that the amendments be agreed to and that the bill, as
amended, do pass.
By unanimous consent, the previous question was ordered on the bill.
The following amendments, reported from the Committee of the Whole
House on the state of the Union, were agreed to:
Page 33, line 14, strike the colon and all that follows
through ``101-576'' on line 17.
Page 34, strike line 17 and all that follows through
``That'' on line 25.
Page 57, after line 7, insert the following new section:
Sec. 339. The amount otherwise provided by this Act for
``DEPARTMENT OF TRANSPORTATION--OFFICE OF THE SECRETARY--
Salaries and Expenses'' is hereby increased by $26,300,000,
of which amount $8,300,000 shall be derived from amounts
provided for in this Act under the heading ``INTERSTATE
COMMERCE COMMISSION--Salaries and Expenses''.
Page 50, strike lines 8 through 10.
Page 57, after line 7, insert the following new section:
Sec. 339. (a) Purchase of American-Made Equipment and
Products.--It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be
American-made.
(b) Notice Requirement.--In providing financial assistance
to, or entering into any contract with, any entity using
funds made available in this Act, the head of each Federal
agency, to the greatest extent practicable, shall provide to
such entity a notice describing the statement made in
subsection (a) by the Congress.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
[[Page 1120]]
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. MAZZOLI, announced that the yeas had it.
Mr. STEARNS demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
363
<3-line {>
affirmative
Nays
59
Para. 64.13 [Roll No. 252]
AYES--363
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Dornan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Grandy
Green
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastert
Hastings
Hayes
Hefner
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hunter
Hutchinson
Hutto
Inglis
Inhofe
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McDade
McDermott
McHale
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Meyers
Mfume
Mica
Miller (CA)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Packard
Parker
Pastor
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pomeroy
Porter
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Rangel
Ravenel
Reed
Regula
Richardson
Roemer
Rogers
Rose
Rostenkowski
Rowland
Roybal-Allard
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (OR)
Smith (TX)
Snowe
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Torkildsen
Torres
Towns
Traficant
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
NOES--59
Allard
Andrews (NJ)
Archer
Armey
Boehner
Bunning
Cardin
Crane
Crapo
Doolittle
Dreier
Duncan
Fawell
Franks (NJ)
Gallo
Goss
Greenwood
Hancock
Hansen
Hefley
Herger
Hoekstra
Hughes
Istook
Klein
Kyl
Leach
McHugh
McInnis
Menendez
Miller (FL)
Moorhead
Nussle
Oxley
Pallone
Paxon
Payne (NJ)
Pombo
Portman
Ramstad
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Saxton
Schaefer
Sensenbrenner
Shays
Smith (MI)
Smith (NJ)
Solomon
Stump
Thomas (WY)
Torricelli
Walker
Zeliff
Zimmer
NOT VOTING--12
Bachus (AL)
Collins (IL)
Grams
Hilliard
Hyde
McCurdy
Michel
Reynolds
Ridge
Rush
Tucker
Washington
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 64.14 clerk to correct engrossment
On motion of Mr. CARR, by unanimous consent,
Ordered, That in the engrossment of the foregoing bill, the Clerk be
authorized to correct section numbers, punctuation, cross references,
and to make other technical corrections.
Para. 64.15 hour of meeting
On motion of Mr. DERRICK, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 9
a.m. on Friday, June 17, 1994.
Para. 64.16 waiving points of order against h.r. 4554
Mr. DERRICK, by direction of the Committee on Rules, called up the
following resolution (H. Res. 455):
Resolved, That during consideration of the bill (H.R. 4554)
making appropriations for Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies programs
for the fiscal year ending September 30, 1995, and for other
purposes, points of order against the following provisions in
the bill for failure to comply with clause 2 of rule XXI are
waived: beginning on page 26, line 3, through line 8;
beginning with ``$30,000,000'' on page 42, line 16, through
``housing;'' on line 17; beginning with ``section'' on page
43, line 1, through ``$15,750,000'' on line 2; beginning with
``Provided'' on page 46, line 5, through ``1993'' on line 12;
beginning with ``Provided'' on page 46, line 19, through
``1993'' on page 47, line 2; beginning with ``Provided'' on
page 47, line 14, through ``$10,565,000'' on line 20;
beginning with ``of which'' on page 48, line 5, through
``1993'' on line 9; the phrase ``the foregoing $19,047,000''
on page 48, line 13; beginning with ``of which'' on page 50,
line 10, through ``1993'' on line 14; beginning on page 57,
line 1, through ``(7 U.S.C. 612c)'' on line 12; beginning on
page 58, line 23, through line 25; beginning on page 59, line
16, through page 60, line 5; beginning on page 69, line 1,
through line 6; and beginning on page 70, line 20, through
page 71, line 8.
When said resolution was considered.
After debate,
On motion of Mr. DERRICK, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 64.17 motion to instruct conferees--h.r. 3355
Mr.McCOLLUM submitted the privileged motion to instruct the managers
on the part of the House at the conference with the Senate on the
disagreeing votes of the two Houses on the bill (H.R. 3355) to amend the
Omnibus Crime Control and Safe Streets Act of 1968 to allow grants to
increase police presence, to expand and improve cooperative efforts
between law enforcement agencies and members of the community to address
crime and disorder problems, and otherwise to enhance public safety, be
instructed not to agree to title IX, relating to racially discriminatory
sentencing, of the House amendment or to any similar provision.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. WISE, announced that the nays had it.
Mr. McCOLLUM objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
[[Page 1121]]
Yeas
264
When there appeared
<3-line {>
Nays
149
Para. 64.18 [Roll No. 253]
YEAS--264
Allard
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Beilenson
Bentley
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehner
Bonilla
Borski
Boucher
Brewster
Browder
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Castle
Clement
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
Deal
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
English
Everett
Ewing
Fawell
Fazio
Fields (TX)
Fingerhut
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Gordon
Goss
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hoagland
Hobson
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Inglis
Inhofe
Inslee
Istook
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Kanjorski
Kasich
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
Lambert
Lancaster
LaRocco
Laughlin
Lazio
Leach
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Lowey
Lucas
Machtley
Manzullo
Margolies-Mezvinsky
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Minge
Molinari
Montgomery
Moorhead
Moran
Murtha
Myers
Neal (NC)
Nussle
Orton
Oxley
Packard
Parker
Pastor
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Ramstad
Ravenel
Regula
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schumer
Sensenbrenner
Shaw
Shepherd
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Strickland
Stump
Stupak
Sundquist
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Thurman
Torkildsen
Traficant
Upton
Volkmer
Vucanovich
Walker
Weldon
Whitten
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--149
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Barlow
Barrett (WI)
Becerra
Berman
Bishop
Blackwell
Boehlert
Bonior
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Cardin
Carr
Chapman
Clayton
Clyburn
Collins (MI)
Conyers
Coyne
de la Garza
DeFazio
Dellums
Derrick
Dingell
Dixon
Edwards (CA)
Engel
Eshoo
Evans
Farr
Fields (LA)
Filner
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Glickman
Gonzalez
Grandy
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Hastings
Hinchey
Hochbrueckner
Jacobs
Jefferson
Johnson, E. B.
Johnston
Kaptur
Kennedy
Kennelly
Kildee
Kopetski
LaFalce
Lantos
Levin
Lewis (GA)
Long
Maloney
Mann
Manton
Markey
Martinez
Matsui
McDermott
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Morella
Nadler
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Payne (NJ)
Pelosi
Penny
Pickle
Quinn
Rahall
Rangel
Reed
Richardson
Rose
Rostenkowski
Roybal-Allard
Sabo
Sanders
Scott
Serrano
Sharp
Shays
Skaggs
Slattery
Slaughter
Smith (IA)
Stark
Stokes
Studds
Swett
Swift
Synar
Tejeda
Thompson
Thornton
Torres
Torricelli
Towns
Unsoeld
Velazquez
Vento
Visclosky
Walsh
Waters
Watt
Waxman
Wheat
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
NOT VOTING--21
Bereuter
Brooks
Clay
Coleman
Collins (IL)
Fish
Grams
Hilliard
Hyde
McCurdy
Michel
Miller (FL)
Murphy
Reynolds
Ridge
Rush
Schroeder
Tucker
Valentine
Washington
Yates
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
Para. 64.19 agricultural appropriations
Mr. DURBIN moved that the House resolve itself into the Committee of
the Whole House on the state of the Union for the consideration of the
bill (H.R. 4554) making appropriations for the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies programs
for the fiscal year ending September 30, 1995, and for other purposes.
Pending said motion,
On motion of Mr. DURBIN, by unanimous consent,
Ordered, That time for general debate continue for not to exceed one
hour to be equally divided and controlled by Mr. DURBIN and Mr. SKEEN.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. SYNAR, announced that the yeas had it.
So the motion was agreed to.
Accordingly,
The House resolved itself into the Committee of the Whole House on the
state of the Union for the consideration of said bill.
The SPEAKER pro tempore, Mr. SYNAR, by unanimous consent, designated
Mr. SPRATT as Chairman of the Committee of the Whole; and after some
time spent therein,
The SPEAKER pro tempore, Mr. HEFNER, assumed the Chair.
When Mr. SPRATT, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
Para. 64.20 senate joint resolution referred
A joint resolution of the Senate of the following title was taken from
the Speaker's table and, under the rule, referred as follows:
S.J. Res. 175. Joint resolution to designate the week
beginning June 13, 1994, as ``National Parkinson's Disease
Awareness Week''; to the Committee on Post Office and Civil
Service.
Para. 64.21 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. BEREUTER, after 6:15 p.m. today;
to Mr. TUCKER for today and balance of the week;
To Mrs. COLLINS of Illinois, after 4:30 p.m today; and
To Mr. RUSH, after 4:30 p.m. today and balance of the week.
And then,
Para. 64.22 adjournment
On motion of Mr. HASTERT, pursuant to the special order heretofore
agreed to, at 9 o'clock and 45 minutes p.m., the House adjourned until 9
o'clock a.m. on Friday, June 17, 1994.
Para. 64.23 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. GLICKMAN: Permanent Select Committee on Intelligence.
H.R. 3937. A bill entitled: ``The Export Administration Act
of 1994''; with amendments (Rept. No. 103-531, Pt. 2),
Ordered to be printed.
Mr. OBEY: Committee on Appropriations. Revised Subdivision
of Budget Totals for Fiscal Year 1994 (Rept. No. 103-549).
Referred to the Committee of the Whole House on the State of
the Union.
Para. 64.24 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. ARMEY:
H.R. 4585. A bill to promote freedom, fairness, and
economic opportunity for families by reducing the power and
reach of the Federal establishment; jointly, to the Committee
on Ways and Means, Government Operations, and Rules.
By Mr. BROWN of California (for himself and Mr.
LaFalce):
H.R. 4586. A bill to renew and improve the operation of
title V of the Trade Act of 1974 (relating to the Generalized
System of Preferences); to the Committee on Ways and Means.
[[Page 1122]]
By Mr. FRANK of Massachusetts (for himself and Mr.
Bereuter):
H.R. 4587. A bill to authorize U.S. contributions to the
Inter-American Development Bank, the Fund for Special
Operations, the African Development Fund, the Global
Environment Facility, and the Enhanced Structural Adjustment
Facility of the International Monetary Fund, and for other
purposes; to the Committee on Banking, Finance and Urban
Affairs.
By Mr. HANCOCK (for himself, Mr. Brewster, Mr. Archer,
Mr. Mineta, Mr. Oberstar, Mr. Clinger, Mr. Carr, Mr.
Herger, Mr. Parker, Mr. Lightfoot, Mr. Pete Geren of
Texas, Mr. Inhofe, Mr. Minge, Mr. Petri, Mr.
Sangmeister, Mr. Lewis of Florida, Mr. Costello, Mr.
Young of Alaska, Mr. Ballenger, Mr. Gene Green of
Texas, Mr. Zeliff, Mr. Valentine, Mr. Sensenbrenner,
and Mr. DeFazio):
H.R. 4588. A bill to amend the Internal Revenue Code of
1986 to consolidate the retail level and refinery level taxes
on aviation gasoline by imposing the entire tax at the
refinery level; to the Committee on Ways and Means.
By Mr. MANZULLO (for himself, Mr. Hastert, Mr. Crane,
Mr. Fawell, Mr. Hyde, Mr. Sangmeister, Mr. Ewing, Mr.
Fields of Texas, Mr. Archer, Mr. Walker, Mr.
Greenwood, Mr. Santorum, Mr. Dornan, Mr. Cunningham,
Mr. Hunter, Mr. Rohrabacher, Mr. Hughes, Mr. Bartlett
of Maryland, Mr. Hoekstra, Mr. DeLay, Mr. Saxton, and
Mr. Gallo):
H.R. 4589. A bill to amend the Clean Air Act to provide for
an optional provision for the reduction of work-related
vehicle trips and miles traveled in ozone nonattainment areas
designated as severe, and for other purposes; to the
Committee on Energy and Commerce.
By Ms. PELOSI (for herself, Mr. Gephardt, Mr. Bonior,
Mr. Moakley, Mr. Rangel, Mr. Stark, Mr. Rose, Mr.
Gilman, Mr. Wolf, Mr. Solomon, Mr. Gejdenson, Mr.
Edwards of California, Mr. Lantos, Mr. Synar, Mr.
Hoyer, Mr. Lewis of Georgia, Mr. Abercrombie, Mr.
Andrews of Maine, Mr. Barton of Texas, Mr. Berman,
Mr. Cardin, Ms. Eshoo, Mr. Frank of Massachusetts,
Mr. Hamburg, Ms. Kaptur, Ms. Lowey, Mr. Markey, Ms.
McKinney, Mr. Mfume, Mr. Miller of California, Mrs.
Mink of Hawaii, Mr. Olver, Mr. Rohrabacher, Mr. Smith
of New Jersey, Mrs. Unsoeld, Ms. Woolsey, Mr.
Kennedy, Mr. Hefner, and Mr. Obey):
H.R. 4590. A bill to provide conditions for renewing
nondiscriminatory (most-favored-nation) treatment for the
People's Republic of China; jointly, to the Committees on
Ways and Means and Rules.
By Mr. RUSH:
H.R. 4591. A bill to establish a system for regulating and
licensing the distribution of firearms, and for other
purposes; to the Committee on the Judiciary.
By Mr. SENSENBRENNER:
H.R. 4592. A bill to appropriate 2 percent of Federal
individual income tax revenues to the States to fight crime;
jointly, to the Committees on the Judiciary, Government
Operations, Rules, and Ways and Means.
By Mr. STENHOLM (for himself, Mr. Penny, Mr. Deal, Mr.
LaRocco, and Mr. Orton):
H.R. 4593. A bill entitled ``Entitlement Control Act of
1994''; jointly, to the Committees on Government Operations
and Rules.
By Mr. WISE (for himself and Mr. Petri):
H.R. 4594. A bill to amend the Japan-United States
Friendship Act to broaden investment authority and to
strengthen criteria for membership on the Japan-United States
Friendship Commission; to the Committee on Foreign Affairs.
By Mr. MONTGOMERY (for himself and Mr. Stump):
H.J. Res. 377. Joint resolution designating June 27, 1994,
as ``Veterans Employment Day''; to the Committee on Post
Office and Civil Service.
By Mr. ANDREWS of Texas (for himself, Mr. Bryant, Mr.
Slattery, Mr. Torricelli, Mr. Gordon, Mr. Lewis of
Georgia, Mr. Roemer, Mr. Beilenson, Mr. Montgomery,
Mr. Stark, Mr. Laughlin, Mr. Smith of Iowa, Mrs.
Unsoeld, Mr. Andrews of Maine, Mr. Durbin, Mr.
DeFazio, Mr. Evans, Mr. Leach, Mr. Horn, and Mr.
Wilson):
H. Con. Res. 255. Concurrent resolution expressing the
sense of the Congress regarding the proposed Disney theme
park in the historic Northern Piedmont area of Virginia;
jointly, to the Committees on Natural Resources, Energy and
Commerce, and Public Works and Transportation.
By Mr. MORAN:
H. Con. Res. 256. Concurrent resolution expressing the
sense of Congress that any health care reform legislation
should preserve the right of bona fide trade and professional
associations to continue to offer group health insurance
within the framework established to expand comprehensive and
affordable health insurance and prevent discriminatory
insurance practices; jointly, to the Committees on Energy and
Commerce, Ways and Means, and Education and Labor.
Para. 64.25 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 417: Mr. Volkmer, Mr. Fields of Texas, Mr. Roberts,
Mr. Hansen, Mr. Inglis of South Carolina, Mr. Portman, Mr.
Reed, Mr. Allard, and Mr. McCrery.
H.R. 1099: Mr. Shays.
H.R. 1164: Mr. Martinez.
H.R. 1182: Mr. Barrett of Wisconsin, Ms. Molinari, and Mr.
Pomeroy.
H.R. 1295: Mr. Lucas and Mr. Zimmer.
H.R. 1671: Mr. Oxley and Mr. Fish.
H.R. 1843: Mr. Cunningham.
H.R. 1863: Mr. Huffington.
H.R. 1906: Mr. LaFalce.
H.R. 2600: Mr. Minge.
H.R. 2727: Mrs. Collins of Illinois.
H.R. 2919: Mr. Hilliard and Mr. Evans.
H.R. 3293: Mr. Horn, Mr. Upton, and Mr. Abercrombie.
H.R. 3466: Mr. Barca of Wisconsin.
H.R. 3596: Mr. LaFalce, Mr. McDermott, Mr. Oberstar, Mr.
Calvert, Mr. Pickett, Mr. Hobson, Mr. DeFazio, Mr. Minge, and
Mr. Thompson.
H.R. 3725: Mr. Hoekstra, Mr. Sam Johnson, and Mr. Weldon.
H.R. 3820: Mr. Duncan, Mrs. Mink of Hawaii, Mr. Menendez,
Mr. Ramstad, Mr. Callahan, Mr. Mollohan, Mr. Kreidler, and
Mr. Filner.
H.R. 3860: Mr. Herger.
H.R. 3940: Mr. Klug and Ms. Schenk.
H.R. 3970: Mr. Jacobs.
H.R. 4019: Mr. Foglietta, Mr. Owens, and Mr. Johnson of
Florida.
H.R. 4050: Mr. Unsoeld.
H.R. 4135: Mr. Andrews of Texas, Mr. Archer, Mr. Bacchus of
Florida, Mrs. Bentley, Mr. Bonilla, Mr. Brown of California,
Mr. Cunningham, Mr. de la Garza, Mr. Fields of Texas, Mr.
Hamilton, Ms. Lambert, Mr. Manton, Mr. Mineta, Mr.
Montgomery, Mr. Moorhead, Mr. Rowland, Mr. Synar, Mr.
Tauzin, Mr. Wilson, Mr. Wyden, Mr. Boucher, Mr. Browder, Mr.
DeLay, Ms. Eshoo, Mr. Hoke, Mr. McCurdy, Mr. Packard, Mr.
Thornton and Mr. Towns.
H.R. 4244: Mr. Lipinski.
H.R. 4260: Ms. Velazquez and Ms. Schenk.
H.R. 4271: Mr. Mineta.
H.R. 4289: Mr. Swift, Mr. Porter, Ms. Roybal-Allard, Mr.
Yates, and Mr. Hinchey.
H.R. 4345: Mr. Pastor, Mr. Horn, Mr. Ackerman, Mr. Klug,
Mr. Barrett of Nebraska, Mr. Menendez, and Mr. McKeon.
H.R. 4346: Mr. Orton.
H.R. 4375: Mr. Filner, Mr. Thompson, and Mrs. Schroeder.
H.R. 4386: Mr. Burton of Indiana, Mr. Hancock, Mr. Ridge,
Mr. Kingston, Mr. Lancaster, Mr. Browder, Mr. Hutchinson, and
Mr. Buyer.
H.R. 4404: Mr. Klug, Mr. Knollenberg, Mr. Hobson, Mr.
Gunderson, Mr. Blackwell, and Mr. Goodling.
H.R. 4407: Mr. Gekas and Mr. Ehlers.
H.R. 4411: Mr. Torres.
H.R. 4434: Mr. Coppersmith, Mr. Mann, Mr. Pallone, Mr.
Swett, Mrs. Thurman, and Ms. Dunn.
H.R. 4464: Mr. Kasich, Mr. Weldon, Mr. McKeon, Mr.
Moorhead, Mr. DeLay, Mr. Goss, Mr. Bliley, Mr. Leach, Mr.
Mineta, Mr. Lewis of California, Mr. Hoke, Mr. Clyburn, Mr.
Grandy, Mr. Wyden, Mr. Tauzin, Mr. Abercrombie, Mr.
Hochbrueckner, Mr. Thompson, Mr. Ortiz, Mr. Rush, Mr.
Ballenger, Ms. Slaughter, Mr. Solomon, Mr. Horn, Mr. Penny,
Mr. Coleman, Mr. Brown of California, Mr. Wilson, Mr. Fish,
and Ms. Eshoo.
H.R. 4507: Mr. Frost and Mrs. Meek of Florida.
H.R. 4535: Mr. Richardson.
H.R. 4540: Ms. Pelosi and Mr. Williams.
H.R. 4550: Mr. Smith of Michigan.
H.R. 4557: Mr. Cox, Mr. Solomon, Mr. Miller of Florida, and
Mr. Bevill.
H.J. Res. 209: Mr. Castle.
H.J. Res. 347: Mr. Pastor, Mr. Martinez, Mrs. Thurman, Mr.
Kasich, Mr. Frost, and Mr. Emerson.
H.J. Res. 351: Mr. Martinez.
H.J. Res. 356: Mr. Kennedy.
H.J. Res. 369: Mr. Spence, Mr. Gallo, Mr. McHugh, Mr.
Ramstad, Mr. Bachus of Alabama, Mr. King, Mr. Kennedy, Mr.
Shays, Mr. Rohrabacher, Mr. Applegate, Mr. Packard, Mr. Fish,
Mr. Diaz-Balart, Mr. Hunter, Mr. Levy, Mr. Young of Florida,
Mr. Hyde, Mr. Towns, Mr. Zimmer, Mr. Traficant, Mr. McCrery,
Mr. Kildee, Mr. Obey, Mr. Bliley, Ms. Slaughter, Mr. Klein,
Mr. Conyers, Mr. Mineta, Mr. Deutsch, Mr. Moran, Mr. McDade,
Mr. Machtley, Mr. Bishop, Mr. Smith of New Jersey, Mr.
Dickey, Mr. Lipinski, Ms. Dunn, Mr. Gillmor, Mr. Hall of
Texas, Mr. Kasich, Mr. Price of North Carolina, Mr. Emerson,
Mr. Chapman, Mr. Clement, Mr. Stump, Mr. Cox, Mr. Cramer, Mr.
Poshard, Mr. Sam Johnson, Mr. Dornan, Mr. Roth, Ms. Pelosi,
Mr. Wolf, Mr. Crapo, Mr. Markey, Ms. DeLauro, Mr. Horn, Mr.
Schiff, Mr. Coble, Mrs. Unsoeld, Mr. Peterson of Florida, Mr.
Hutto, Mr. McCollum, and Mr. Herger.
H. Con. Res. 233: Mr. Evans, Mr. Waxman, Mr. McCrery, Mr.
Swett, Mr. Owens, Mrs. Johnson of Connecticut, Mr. Wynn, Mr.
Fields of Louisiana, Ms. Woolsey, Mr. Yates, Mr. Flake, Mr.
Hinchey, Mr. Weldon, Mr. Torkildsen, Mr. Beilenson, Mr.
Hilliard, Mr. Hyde, Ms. Furse, Mr. Dingell, Mr. Kleczka, Mr.
Coppersmith, Mrs. Morella, Mr. Richardson, Mr. Torricelli,
Mr. Johnston of Florida, Mr. Markey, and Mrs. Schroeder.
H. Con. Res. 235: Mr. McNulty.
H. Con. Res. 245: Mr. Porter.
H. Res. 446: Mr. Castle, Mr. Bonilla, Mr. Quinn, Mr. Goss,
Mr. Levy, Mr. Royce, Mr. Condit, Mr. Lewis of California, Mr.
Gillmor, and Mr. Spence.
[[Page 1123]]
Para. 64.26 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII sponsors were deleted from public bills
and resolutions as follows:
H.R. 3698: Mr. Smith of Michigan.
.
FRIDAY, JUNE 17, 1994 (65)
Para. 65.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
MONTGOMERY, who laid before the House the following communication:
Washington, DC,
June 17, 1994.
I hereby designate the Honorable G.V. (Sonny) Montgomery to
act as Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Para. 65.2 approval of the journal
The SPEAKER pro tempore, Mr. MONTGOMERY, announced he had examined and
approved the Journal of the proceedings of Thursday, June 16, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 65.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3390. A letter from the Assistant Secretary of Education,
Office of Special Education and Rehabilitative Services,
transmitting a notice of final regulations--Rehabilitation
Long-Term Training pursuant to 20 U.S.C. 1232(d)(1); to the
Committee on Education and Labor.
3391. A letter from the Federal Co-Chairman, Appalachian
Regional Commission, transmitting the semiannual report on
the activities of the inspector general for the period
October 1, 1993, through March 31, 1994, pursuant to Public
Law 95-452, section 5(b) (102 Stat. 2526); to the Committee
on Government Operations.
3392. A letter from the Deputy Secretary, Department of
Defense, transmitting the semiannual report of the inspector
general for the period October 1, 1993, through March 31,
1994, pursuant to Public Law 95-452, section 5(b) (96 Stat.
750, 102 Stat. 2526); to the Committee on Government
Operations.
3393. A letter from the Secretary of Labor, transmitting
the semiannual report on the activities of the inspector
general of the Pension Benefit Guaranty Corporation for the
period October 1, 1993, through March 31, 1994, pursuant to
Public Law 95-452, section 5(b) (102 Stat. 2526); to the
Committee on Government Operations.
3394. A letter from the Administrator, Small Business
Administration, transmitting the semiannual report of the
inspector general for the period October 1, 1993, through
March 31, 1994, pursuant to Public Law 95-452, section 5(b)
(102 Stat. 2526); to the Committee on Government Operations.
3395. A letter from the Deputy Associate Director for
Compliance, Department of the Interior, transmitting
notification of proposed refunds of excess royalty payments
in OCS areas, pursuant to 43 U.S.C. 1339(b); to the Committee
on Natural Resources.
3396. A letter from the Deputy Associate Director for
Compliance, Department of the Interior, transmitting
notification of proposed refunds of excess royalty payments
in OCS areas, pursuant to 43 U.S.C. 1339(b); to the Committee
on Natural Resources.
3397. A letter from the Assistant Secretary for Fish and
Wildlife and Parks, Department of the Interior, transmitting
a draft of proposed legislation to provide for the exchange
of lands within Gates of the Arctic National Park and
Preserve, and for other purposes; to the Committee on
National Resources.
3398. A letter from the Secretary of Energy, transmitting a
comprehensive report on the Clean Coal Technology Program
entitled, ``Four Rivers Energy Modernization Project,''
pursuant to the Public Law 102-254; jointly, to the
Committees on Appropriations, Energy and Commerce, and
Science, Space, and Technology.
Para. 65.4 agriculture appropriations
Mr. DURBIN moved that the House resolve itself into the Committee of
the Whole House on the state of the Union for the further consideration
of the bill (H.R. 4554) making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies programs
for the fiscal year ending September 30, 1995, and for other purposes.
The question being put, viva voce,
Will the House resolve itself into the Committee?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that the yeas had
it.
So the motion was agreed to.
Accordingly,
The House resolved itself into the Committee of the Whole House on the
state of the Union for the further consideration of said bill.
The Chairman, Mr. SPRATT resumed the Chair; and after some time spent
therein,
Para. 65.5 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. BURTON:
Page 51, strike lines 1 through 5.
It was decided in the
Yeas
139
<3-line {>
negative
Nays
264
Para. 65.6 [Roll No. 254]
AYES--139
Allard
Archer
Armey
Baker (CA)
Ballenger
Barca
Bartlett
Barton
Bateman
Bentley
Bilirakis
Bliley
Blute
Boehner
Bunning
Burton
Buyer
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Condit
Cox
Crapo
DeLay
Doolittle
Dornan
Dreier
Duncan
Dunn
Emerson
Ewing
Fawell
Fields (TX)
Fingerhut
Fowler
Franks (NJ)
Gilchrest
Gillmor
Gingrich
Goodlatte
Goss
Grandy
Greenwood
Hall (TX)
Hancock
Hansen
Harman
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Manzullo
McCollum
McHugh
McInnis
McKeon
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Myers
Nussle
Orton
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Ramstad
Ravenel
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schenk
Sensenbrenner
Shaw
Shays
Shuster
Slaughter
Smith (MI)
Snowe
Solomon
Spence
Stearns
Stump
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Torricelli
Upton
Vucanovich
Walker
Wolf
Young (FL)
Zeliff
Zimmer
NOES--264
Abercrombie
Ackerman
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Bachus (AL)
Baesler
Baker (LA)
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonilla
Bonior
Borski
Boucher
Brewster
Browder
Brown (FL)
Brown (OH)
Bryant
Byrne
Callahan
Cantwell
Cardin
Carr
Chapman
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fish
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilman
Glickman
Gonzalez
Goodling
Gordon
Green
Gunderson
Gutierrez
Hall (OH)
Hamburg
Hamilton
Hastings
Hefner
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kingston
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lehman
Levin
Lewis (CA)
Lewis (GA)
Lloyd
Long
Lowey
Lucas
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCrery
McDade
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Morella
Murphy
Murtha
Nadler
Neal (MA)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Quillen
Rahall
Rangel
Reed
Regula
Richardson
Roberts
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Smith (IA)
Smith (NJ)
Smith (TX)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Towns
[[Page 1124]]
Traficant
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Young (AK)
NOT VOTING--36
Andrews (ME)
Boehlert
Brooks
Brown (CA)
Clay
Collins (IL)
Crane
Derrick
Faleomavaega (AS)
Flake
Gallo
Grams
Hayes
Hilliard
Laughlin
Lipinski
Livingston
Machtley
McCurdy
McMillan
Michel
Miller (CA)
Moran
Neal (NC)
Pryce (OH)
Quinn
Reynolds
Ridge
Romero-Barcelo (PR)
Rush
Slattery
Smith (OR)
Talent
Tucker
Washington
Weldon
So the amendment was not agreed to.
After some further time,
Para. 65.7 motion to rise and report
A recorded vote by electronic device was ordered in the Committee of
the Whole on the motion of Mr. DURBIN that the Committee do now rise and
report the bill back to the House with sundry amendments with the
recommendation that the amendments be agreed to and that the bill, as
amended, do pass.
It was decided in the
Yeas
232
<3-line {>
affirmative
Nays
146
Para. 65.8 [Roll No. 255]
AYES--232
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Applegate
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Bonior
Borski
Boucher
Browder
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Carr
Chapman
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Emerson
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Foglietta
Ford (MI)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hefner
Hinchey
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jacobs
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kildee
Klein
Klink
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Linder
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Mazzoli
McCandless
McCloskey
McHale
McKinney
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Myers
Nadler
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Price (NC)
Quillen
Rahall
Reed
Richardson
Roemer
Ros-Lehtinen
Rose
Rowland
Roybal-Allard
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Spratt
Stenholm
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOES--146
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grandy
Greenwood
Gunderson
Hansen
Hastert
Hefley
Hobson
Hoekstra
Hoke
Horn
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Lucas
Manzullo
McCollum
McDade
McHugh
McInnis
McKeon
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Ramstad
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Roth
Roukema
Royce
Saxton
Schaefer
Schiff
Sensenbrenner
Shays
Shuster
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Talent
Taylor (NC)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--61
Andrews (TX)
Archer
Bacchus (FL)
Blackwell
Boehlert
Brewster
Brooks
Brown (CA)
Camp
Cardin
Clay
Collins (IL)
Coyne
Flake
Ford (TN)
Gibbons
Grams
Hancock
Hastings
Hayes
Herger
Hilliard
Hoagland
Houghton
Jefferson
Johnson (CT)
Kennelly
Kleczka
Kopetski
Levin
Lewis (GA)
Lipinski
Livingston
Machtley
Matsui
McCrery
McCurdy
McDermott
McMillan
McNulty
Michel
Neal (MA)
Neal (NC)
Payne (VA)
Pickle
Pryce (OH)
Quinn
Rangel
Reynolds
Ridge
Romero-Barcelo (PR)
Rostenkowski
Rush
Santorum
Shaw
Slattery
Smith (OR)
Stark
Thomas (CA)
Tucker
Washington
So the motion was agreed to.
The SPEAKER pro tempore, Mr. GEPHARDT, assumed the Chair.
When Mr. SPRATT, Chairman, reported that the Committee, having had
under consideration said bill, had directed him to report the same back
to the House with sundry amendments adopted by the Committee with the
recommendation that the amendments be agreed to and that the bill, as
amended, do pass.
By unanimous consent, the previous question was ordered on the bill.
The following amendments, reported from the Committee of the Whole
House on the state of the Union, were agreed to:
Page 26, strike lines 3 through 8, relating to the
Perishable Agricultural Commodities Act, 1930, and insert the
following:
perishable agricultural commodities act
Notwithstanding any other provision of law, during fiscal
year 1995, the Secretary of Agriculture shall require persons
filing complaints under section 6(a) of the Perishable
Agricultural Commodities Act, 1930 (7 U.S.C. 499f(a)), to
include a filing fee of $60 per petition. In the event of
further action on such a complaint during fiscal year 1995,
the person or persons making the complaint shall submit a
handling fee of $300, which shall be reimbursed by the
commission merchant, dealer, or broker involved whenever the
Secretary issues a reparation order under section 7 of such
Act on the complaint. Such fees shall be deposited in the
Perishable Agricultural Commodities Act Fund.
On page 29, line 13, strike ``$72,796,000'' and insert
``$62,790,000, Provided, that $12,000,000 be made available
for the Animal and Plant Health Inspection Service.''
On page 42, line 12, strike ``$2,400,000,000'' and insert
``$2,323,339,000''. On page 42, line 16, strike
``$30,000,000'' and insert ``$220,000,000''. On page 42, line
23, strike ``$282,640,000'' and insert ``$268,105,000''. On
page 43, line 2, strike ``$15,750,000'' and insert
``$115,500,000''.
Page 43, after line 2, insert the following:
In addition, for the cost (as defined in section 502 of the
Congressional Budget Act of 1974) of guaranteed loans under a
demonstration program of loan guarantees for multifamily
rental housing in rural areas, $1,000,000, be derived from
the amount made available under this heading for the cost of
low-income section 502 loans and to become available for
obligation only upon the enactment of authorizing
legislation.
On page 80, strike lines 3 through 10, and renumber the
following section numbers accordingly.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
Mr. DeLAY moved to recommit the bill to the Committee on
Appropriations.
By unanimous consent, the previous question was ordered on the motion
to recommit.
The question being put, viva voce,
Will the House recommit said bill?
The SPEAKER pro tempore, Mr. GEPHARDT, announced that the nays had it.
So the motion to recommit was not agreed to.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. GEPHARDT, announced that the nays had it.
[[Page 1125]]
Mr. NUSSLE demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
278
<3-line {>
affirmative
Nays
127
Para. 65.9 [Roll No. 256]
AYES--278
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Baesler
Baker (LA)
Barca
Barcia
Barlow
Barrett (WI)
Barton
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bonilla
Bonior
Borski
Boucher
Brewster
Browder
Brown (FL)
Brown (OH)
Bryant
Byrne
Calvert
Camp
Cantwell
Cardin
Carr
Chapman
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hefner
Hinchey
Hoagland
Hochbrueckner
Holden
Horn
Houghton
Hoyer
Hughes
Hunter
Hutto
Inslee
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Kolbe
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Leach
Lehman
Levin
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCrery
McDade
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Packard
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Quillen
Rahall
Rangel
Ravenel
Reed
Regula
Richardson
Roemer
Rogers
Rose
Rostenkowski
Rowland
Roybal-Allard
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Smith (TX)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
NOES--127
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Ballenger
Barrett (NE)
Bartlett
Bateman
Bliley
Blute
Boehner
Burton
Buyer
Callahan
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (NJ)
Gallo
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grandy
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Huffington
Hutchinson
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kyl
Lazio
Levy
Lewis (KY)
Lucas
Manzullo
McCollum
McHugh
McInnis
McKeon
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Nussle
Oxley
Paxon
Peterson (MN)
Petri
Pombo
Porter
Portman
Ramstad
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Schaefer
Sensenbrenner
Shaw
Shays
Shuster
Smith (MI)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (NC)
Thomas (WY)
Torkildsen
Upton
Walker
Weldon
Wolf
Zeliff
Zimmer
NOT VOTING--29
Bacchus (FL)
Boehlert
Brooks
Brown (CA)
Bunning
Clay
Collins (IL)
Flake
Grams
Hastings
Hayes
Hilliard
Klink
Lipinski
Livingston
Machtley
McCurdy
McMillan
Michel
Murphy
Pryce (OH)
Quinn
Reynolds
Ridge
Rush
Slattery
Smith (OR)
Tucker
Washington
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 65.10 permission to file report
On motion of Mr. DURBIN, by unanimous consent, the Committee on
Appropriations was granted permission until midnight tonight to file a
privileged report on the bill making appropriations for the Department
of the Interior and Related Agencies for fiscal year 1995, and for other
purposes.
Mr. REGULA reserved all points of order against said bill.
Para. 65.11 order of business--consideration of h.r. 4568
On motion of Mr. DURBIN, by unanimous consent,
Ordered, That, any rule of the House to the contrary notwithstanding,
it may be in order at any time on June 21, 1994, or any day thereafter,
to consider in the House the bill (H.R. 4568) making supplemental
appropriations for the Department of Housing and Urban Development for
the fiscal year ending September 30, 1994, and for other purposes; that
the bill shall be debatable for one hour, equally divided and controlled
by the chairman and ranking minority member of the committee on
Appropirations; and that the previous question shall be considered as
ordered to final passage without intervening motion except one motion to
recommit.
Para. 65.12 adjournment over
On motion of Mr. HOYER, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at
10:30 a.m. on Tuesday, June 21, 1994.
Para. 65.13 calendar wednesday business dispensed with
On motion of Mr. HOYER, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, June
22, 1994, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
Para. 65.14 permission to file report
On motion of Mr. MONTGOMERY, by unanimous consent, the Committee on
Armed Services was granted permission until midnight tonight to file a
privileged report (Rept. No. 103-545, pt. 2) on the bill (H.R. 2238) to
amend laws relating to Federal procurement, to authorize functions and
activities under the Federal Property and Administrative Services Act of
1949, and for other purposes.
Para. 65.15 honoring james norman hall
On motion of Ms. BYRNE, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the following concurrent resolution (H. Con. Res. 215):
Whereas James Norman Hall, a native son of the State of
Iowa born in Colfax in 1887, and a graduate of Grinnell
College, was a decorated war hero, noted adventurer, and
acclaimed author, who was revered and loved in France and
Tahiti, and throughout the South Pacific;
Whereas James Norman Hall exhibited an unwavering
commitment to freedom and democracy by volunteering for
military service early in World War I and by fighting
alongside British forces in the worst of trench warfare,
including the Battle of Loos, where he was one of few
survivors;
Whereas James Norman Hall continued his fight for liberty
by becoming a pilot in the Lafayette Escadrilles, an American
pursuit squadron of the French Air Service, and his
courageous and daring feats in air battles earned him
France's highest medals, including the Legion d'Honneur,
Medaille Militaire, and Croix de Guerre with 5 Palms;
Whereas James Norman Hall was commissioned as a Captain in
the United States Army Air Service when the United States
entered World War I, continued his legendary exploits as an
ace pilot, acted as wing commander and mentor for then-
Lieutenant Eddie Rickenbacker, and was awarded the
Distinguished Service Cross Medal, for gallantry and bravery
in battle, by General Pershing;
[[Page 1126]]
Whereas James Norman Hall sought serenity after the
destructiveness of World War I, moved to the South Pacific in
1920, married a Tahitian woman and lived in Tahiti for over 3
decades, and wrote a prodigious number of articles and books
in the library of his home in Arue, Tahiti;
Whereas much of James Norman Hall's writing enriched the
world's understanding of Tahiti and the South Pacific;
Whereas James Norman Hall coauthored, with Charles
Nordhoff, classic masterpieces that have come to epitomize
the tropics, including ``Mutiny on the Bounty'', ``Pitcairn's
Island'', and ``Hurricane'';
Whereas, despite James Norman Hall's achievements as a
decorated war hero and famed literary figure, he remained to
his death a humble, self-effacing man who endeared himself to
the people of Tahiti with his keen sense of generosity,
kindness, and real concern for others, prompting James
Michener to state that James Norman Hall was ``the most loved
American who ever came to the tropics'' and that when ``he
died, on every island in the Pacific where even no man could
read, there was sorrow; and
Whereas the home and library of James Norman Hall, in Arue,
Tahiti, are being restored as a museum to honor this son of
the State of Iowa and hero of the United States, England,
France, and French Polynesia: Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That the Congress--
(1) honors James Norman Hall and recognizes his outstanding
contributions to the United States, France, Tahiti, and the
South Pacific, including his extraordinary service rendered
in wartime for the defense of freedom, his outstanding
achievements in the literary field, and his lifework that has
enriched the world's understanding of the people of the South
Pacific; and
(2) requests the President of the United States to provide
for the presentation of a copy of this concurrent resolution
by appropriate officials of the United States Government to
the President of Tahiti Nui (French Polynesia), so that it
may be publicly displayed at the James Norman Hall Museum in
Tahiti, where it will express the appreciation of the people
and government of the United States for the contributions of
James Norman Hall and will show recognition of the
achievements of this great son of the State of Iowa.
When said concurrent resolution was considered and agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
Para. 65.16 leave of absence
By unanimous consent, leave of absence was granted to Mrs. COLLINS of
Illinois, for today.
And then,
Para. 65.17 adjournment
On motion of Mr. Dornan, pursuant to the special order of the House
heretofore agreed to, at 4 o'clock and 22 minutes p.m., the House
adjourned until 10:30 a.m., Tuesday, June 21, 1994.
Para. 65.18 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. GIBBONS: Committee on Ways and Means. H.R. 3937. A bill
entitled: ``The Export Administration Act of 1994''; with
amendments (Rept. No. 103-531, Pt. 3). Referred to the
Committee of the Whole House on the State of the Union.
Mr. DELLUMS: Committee on Armed Services. H.R. 3937. A bill
entitled: ``The Export Administration Act of 1994''; with
amendments (Rept. No. 103-531, Pt. 4). Referred to the
Committee of the Whole House on the State of the Union.
Mr. DELLUMS: Committee on Armed Services. H.R. 2238. A bill
to amend laws relating to Federal procurement, to authorize
functions and activities under the Federal Property and
Administrative Services Act of 1949, and for other purposes;
with amendments (Rept. No. 103-545, Pt. 2). Referred to the
Committee of the Whole House on the State of the Union.
Mr. OBEY: Committee on Appropriations. H.R. 4568. A bill
making supplemental appropriations for the Department of
Housing and Urban Development for the fiscal year ending
September 30, 1994, and for other purposes (Rept. No. 103-
550). Referred to the Committee of the Whole House on the
State of the Union.
Mr. YATES: Committee on Appropriations. H.R. 4602. A bill
making appropriations for the Department of the Interior and
related agencies for the fiscal year ending September 30,
1995, and for other purposes (Rept. No. 103-551). Referred to
the Committee of the While House on the State of the Union.
Para. 65.19 subsequent action on a reported bill sequentially referred
Under clause 5 of Rule X the following action was taken by the
Speaker:
The Committees on the Judiciary and Public Works and
Transportation discharged from further consideration of H.R.
3937; H.R. 3937 referred to the Committee of the Whole House
on the State of the Union.
Para. 65.20 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. CLAY:
H.R. 4595. A bill to designate the building located at 4021
Laclede in St. Louis, MO, for the period of time during which
it houses operations of the U.S. Postal Service, as the
``Marian Oldham Post Office''; to the Committee on Post
Office and Civil Service.
H.R. 4596. A bill to designate the building located at 2200
North Highway 67 in Florissant, MO, for the period of time
during which it houses operations of the U.S. Postal Service,
as the ``John L. Lawler, Jr. Post Office''; to the Committee
on Post Office and Civil Service.
By Mr. FAWELL (for himself, Mr. Goodling, Mr. Petri,
Mr. Gunderson, Mr. Ballenger, Ms. Molinari, Mr.
Barrett of Nebraska, Mr. Hoekstra, Mr. McKeon, Mr.
Miller of Florida, Mr. Greenwood, Mr. Packard, Mr.
Armey, Mr. Hefley, Mr. Canady, Mr. Knollenberg, Mr.
Stenholm, Mr. Upton, Mr. Cunningham, Mr. Castle, Mr.
Hancock, Mr. Lewis of Florida, Mr. Porter, and Ms.
Pryce of Ohio):
H.R. 4597. A bill to amend the Occupational Safety and
Health Act of 1970; to the Committee on Education and Labor.
By Mrs. FOWLER (for herself, Mr. Deutsch, Mr. Goss, Mr.
Hoekstra, Mr. Hutto, Mr. Lewis of Florida, Mr.
McHugh, and Mr. Pickett):
H.R. 4598. A bill to direct the Secretary of the Interior
to make technical corrections to maps relating to the Coastal
Barrier Resources System; to the Committee on Merchant Marine
and Fisheries.
By Ms. NORTON:
H.R. 4599. A bill to authorize the lease of certain
property transferred to the District of Columbia, and for
other purposes; jointly, to the Committees on Natural
Resources and the District of Columbia.
By Mr. SPRATT:
H.R. 4600. A bill to amend the Congressional Budget and
Impoundment Control Act of 1974 to provide for the expedited
consideration of certain proposed rescissions of budget
authority; jointly, to the Committees on Government
Operations and Rules.
By Mr. YATES:
H.R. 4602. A bill making appropriations for the Department
of the Interior and related agencies for the fiscal year
ending September 30, 1995, and for other purposes.
By Mr. MONTGOMERY (for himself and Mr. Stump):
H.J. Res. 378. Joint resolution commemorating June 22,
1994, as the 50th anniversary of the Servicemen's
Readjustment Act of 1944; to the Committee on Post Office and
Civil Service.
By Mr. ACKERMAN (for himself, Mr. King, Mr. Lazio, Mr.
Levy, Mr. Hochbrueckner, Mr. Rangel, Ms. Molinari,
Mr. Torres, Mr. Paxon, Mr. Serrano, Mr. Fish, Ms.
Velazquez, Mr. Houghton, Ms. Lowey, and Mr. Schumer):
H.J. Res. 379. Joint resolution to provide for a settlement
of the railroad labor-management disputes between the Long
Island Rail Road Co. and certain of its employees represented
by the United Transportation Union; to the Committee on
Energy and Commerce.
By Mr. JEFFERSON:
H.J. Res. 380. Joint resolution to designate the year 1995
as ``Jazz Centennial Year''; to the Committee on Post Office
and Civil Service.
By Mr. Lewis of Georgia (for himself, Mr. Filner, Mr.
Ackerman, Mr. Abercrombie, Mr. Andrews of Maine, Mr.
Andrews of Texas, Mr. Applegate, Mr. Bacchus of
Florida, Mr. Baesler, Mr. Barca of Wisconsin, Mr.
Barcia of Michigan, Mr. Barlow, Mr. Barrett of
Wisconsin, Mr. Becerra, Mr. Beilenson, Mr. Berman,
Mr. Bilbray, Mr. Bishop, Mr. Blackwell, Mr. Bonior,
Mr. Borski, Mr. Boucher, Mr. Brooks, Ms. Brown of
Florida, Mr. Brown of Ohio, Mr. Bryant, Mrs. Byrne,
Ms. Cantwell, Mr. Carr, Mr. Cardin, Mr. Chapman, Mr.
Clay, Mrs. Clayton, Mr. Clyburn, Mr. Coleman, Ms.
Collins of Michigan, Mrs. Collins of Illinois, Mr.
Collins of Georgia, Mr. Conyers, Mr. Cooper, Mr.
Coppersmith, Mr. Coyne, Mr. DeFazio, Mr. de la Garza,
Ms. DeLauro, Mr. Deutsch, Mr. Dellums, Mr. de Lugo,
Mr. Dickey, Mr. Dicks, Mr. Dixon, Mr. Dooley, Mr.
Durbin, Mr. Edwards of Texas, Mr. Edwards of
California, Mr. Engel, Ms. English of Arizona, Ms.
Eshoo, Mr. Evans, Mr. Ewing, Mr. Faleomavaega, Mr.
Farr, Mr. Fazio, Mr. Fields of Louisiana, Mr.
Fingerhut, Mr. Flake, Mr. Foglietta, Mr. Ford of
Michigan, Mr. Ford of Tennessee, Mr. Frank of
Massachusetts, Mr. Franks of Connecticut, Mr. Frost,
Ms. Furse, Mr. Gejdenson, Mr. Gephardt, Mr. Gibbons,
Mr. Gilman, Mr. Gingrich, Mr. Glickman, Mr. Gene
Green of Texas, Mr. Gutierrez, Mr. Hall of Ohio, Mr.
Hamburg, Mr. Hamilton, Mr. Hastings, Mr. Hefner, Mr.
Hilliard, Mr. Hinchey, Mr. Hoagland, Mr.
[[Page 1127]]
Holden, Mr. Houghton, Mr. Hoyer, Mr. Hughes, Mr.
Inslee, Mr. Jefferson, Mr. Johnson of Georgia, Ms.
Eddie Bernice Johnson of Texas, Mr. Kanjorski, Ms.
Kaptur, Mr. Kasich, Mr. Kennedy, Mrs. Kennelly, Mr.
Kildee, Mr. King, Mr. Kleczka, Mr. Klein, Mr. Klink,
Mr. Kopetski, Mr. Kreidler, Mr. LaRocco, Mr.
Lancaster, Mr. Lantos, Mr. Lazio, Mr. Lehman, Mr.
Levin, Mr. Levy, Mr. Lewis of Kentucky, Mr. Lipinski,
Ms. Long, Ms. Lowey, Mrs. Maloney, Mr. Mann, Ms.
Margolies-Mezvinsky, Mr. Markey, Mr. Martinez, Mr.
Matsui, Mr. Mazzoli, Mr. McCloskey, Mr. McDermott,
Mr. McHale, Ms. McKinney, Mrs. Meek of Florida, Mr.
Meehan, Mr. Menendez, Mr. Mfume, Mr. Miller of
California, Mr. Mineta, Mr. Minge, Mrs. Mink of
Hawaii, Mr. Moakley, Ms. Molinari, Mr. Mollohan, Mr.
Moran, Mr. Nadler, Mr. Neal of Massachusetts, Ms.
Norton, Mr. Oberstar, Mr. Olver, Mr. Ortiz, Mr.
Owens, Mr. Pallone, Mr. Parker, Mr. Pastor, Mr.
Paxon, Mr. Payne of New Jersey, Mr. Payne of
Virginia, Ms. Pelosi, Mr. Pickle, Mr. Pomeroy, Mr.
Price of North Carolina, Mr. Quinn, Mr. Rahall, Mr.
Rangel, Mr. Reed, Mr. Reynolds, Mr. Richardson, Mr.
Roemer, Mr. Romero-Barcelo, Mr. Rose, Ms. Roybal-
Allard, Mr. Rush, Mr. Sabo, Mr. Sanders, Mr.
Sangmeister, Mr. Sawyer, Ms. Schenk, Mr. Schumer, Mr.
Schiff, Mr. Scott, Mr. Serrano, Mr. Sharp, Mr.
Shepherd, Mr. Sisisky, Mr. Slattery, Ms. Slaughter,
Mr. Smith of Iowa, Mr. Stark, Mr. Stokes, Mr. Studds,
Mr. Stump, Mr. Stupak, Mr. Swett, Mr. Swift, Mr.
Synar, Mr. Tejeda, Mr. Thompson, Mr. Thornton, Mrs.
Thurman, Mr. Torres, Mr. Torricelli, Mr. Towns, Mr.
Traficant, Mr. Tucker, Mr. Underwood, Mrs. Unsoeld,
Ms. Velazquez, Mr. Vento, Mr. Visclosky, Mr. Volkmer,
Mr. Washington, Mr. Waxman, Ms. Waters, Mr. Watt, Mr.
Wheat, Mr. Wise, Ms. Woolsey, Mr. Wyden, Mr. Wynn,
Mr. Yates, and Mr. Zimmer):
H. Res. 457. Resolution expressing the Sense of the House
of Representatives that June 21, 1994, be designated as
``Freedom Summer Remembrance Day'' and for other purposes;
jointly, to the Committees on Post Office and Civil Service
and the Judiciary.
Para. 65.21 private bills and resolutions
Under clause 1 of rule XXII,
Mr. BROOKS introduced a bill (H.R. 4601) to authorize the
Secretary of Transportation to issue a certificate of
documentation with appropriate endorsement for employment in
the coastwise trade for the vessel Cygne Sauvage; which was
referred to the Committee on Merchant Marine and Fisheries.
Para. 65.22 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 84: Mr. Wise.
H.R. 1080: Mr. Paxon.
H.R. 1737: Mr. Wise and Mr. Murphy.
H.R. 2019: Mr. Slattery.
H.R. 2488: Mr. Becerra.
H.R. 2731: Mr. Dreier.
H.R. 2826: Mr. Serrano and Mr. Farr.
H.R. 3173: Mr. Paxon.
H.R. 3179: Mr. Tauzin.
H.R. 3293: Mr. Moorhead and Mr. McInnis.
H.R. 3636: Mr. Yates and Mr. Quillen.
H.R. 3762: Ms. Molinari.
H.R. 3862: Mr. Traficant, Mr. Lewis of Kentucky, Mr. Thomas
of Wyoming, Ms. Dunn, Mr. Cox, Mr. Young of Alaska, and Mr.
Fields of Texas.
H.R. 3875: Mr. Hilliard, Mr. Gallegly, Mr. Michel, and Mr.
Penny.
H.R. 3897: Mr. Ehlers, Mrs. Unsoeld, Mr. Gejdenson, and Mr.
Strickland.
H.R. 3939: Mr. Brown of Ohio and Mr. Darden.
H.R. 3949: Mr. Frost, Mr. Gilchrest, Mr. Paxon, Mr. Bachus
of Alabama, Mr. Cox, Mr. Taylor of North Carolina, Mr. Young
of Alaska, Mr. Thompson, and Mr. Pete Geren of Texas.
H.R. 4057: Mr. Crane, Mr. Laughlin, Mr. Tanner, Mr. Porter,
Mr. Santorum, Mr. Taylor of North Carolina, Mr. Gunderson,
Mr. Paxon, Mr. Hyde, Mr. Klug, Mr. Frost, Mr. Portman, Mr.
Lewis of Florida, Mr. Royce, Mr. Dreier, Mr. Spence, Mr.
Gilchrest, Mr. Franks of Connecticut, and Mr. Cardin.
H.R. 4074: Mr. Nadler, Mr. Hamilton, Mrs. Kennelly, Mr.
Talent, Mr. Sisisky, Mr. Porter, and Mr. Wynn.
H.R. 4081: Mr. Applegate.
H.R. 4115: Mr. Towns and Mr. Swett.
H.R. 4142: Mr. Shays, Mr. Zimmer, Mr. Price of North
Carolina, Mr. Doolittle, Mrs. Maloney and Mr. Levin.
H.R. 4148: Mr. Torkildsen, Ms. Schenk and Mr. Gutierrez.
H.R. 4195: Mr. Owens and Mr. peterson of Minnesota.
H.R. 4198: Mr. Gingrich.
H.R. 4350: Mr. Ballenger.
H.R. 4370: Mr. McDermott and Mr. Yates.
H.R. 4371: Mr. Shaw and Mr. Torkildsen.
H.R. 4386: Mr. Shaw, Mr. Cramer, Mr. Fingerhut, Mr. Wilson,
Mr. Lewis of Florida, Mrs. Vucanovich, Mr. Pickett, Mr. Farr,
Mr. Johnson of Georgia, Mr. Traficant, Mr. Carr, Mr. Frank of
Massachusetts, Mr. Coleman, Mr. Deal, Mrs. Schroeder, Mr.
Richardson, Mr. Everett, Mr. Solomon, Mr. Cunningham, Mr.
Brown of California, Mr. Saxton, Mr. Lewis of California, Mr.
Laughlin, Mr. Minge, Mr. Torkildsen, Mr. Hunter, Mr. Barlow,
and Mr. Williams.
H.R. 4399: Mr. Andrews of Maine and Ms. Velazquez.
H.R. 4404: Mr. Hutchinson, Mr. Kolbe, Mr. Miller of
California, and Mr. Camp.
H.R. 4468: Ms. Danner, Mr. Holden, Mr. Ehlers, Ms. English
of Arizona, Ms. Furse, and Mr. Murphy.
H.R. 4497: Mr. Frost.
H.R. 4498: Mr. Scott, Mr. Stokes, Mr. Kopetski, Ms. Pelosi,
Mr. Stark, Ms. Eshoo, Mr. Thompson, and Ms. Brown of Florida.
H.R. 4514: Mr. Torres.
H.J. Res. 171: Mr. Spence.
H.J. Res. 332: Mr. Fingerhut and Mr. Schaefer.
H.J. Res. 343: Mr. LaFalce and Mr. Bacchus of Florida.
H. Con. Res. 3: Mr. McCandless, Mr. Peterson of Minnesota,
Mr. Lewis of California, Mr. Boucher, and Mr. Goodlatte.
H. Con. Res. 202: Mr. Dellums and Mr. Bilbray.
H. Con. Res. 239: Mr. Pallone and Mr. Gutierrez.
H. Res. 247: Mr. Calvert.
.
TUESDAY, JUNE 21, 1994 (66)
The House was called to order by the SPEAKER at 10:30 a.m., when,
pursuant to the order of the House of Friday, February 11, 1994, and
Friday, June 10, 1994, Members were recognized for ``morning hour''
debates.
Para. 66.1 recess--11:13 a.m.
The SPEAKER pro tempore, Mrs. CLAYTON, pursuant to clause 12 of rule
I, declared the House in recess at 11 o'clock and 13 minutes until 12
o'clock noon.
Para. 66.2 after recess--12:00 noon
The SPEAKER called the House to order.
Para. 66.3 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Friday, June 17, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 66.4 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3399: A letter from the Assistant Secretary, Department of
the Air Force, transmitting notification that the
installation commander at Luke Air Force Base, AZ, has
conducted a cost comparison study to reduce the cost of
operating the range operations and maintenance function at
Gila Bend Air Force Airfield and Goldwater Range, pursuant to
10 U.S.C. 2304 note; to the Committee on Armed Services.
3400: A letter from the Secretary, Department of Housing
and Urban Development, transmitting the Department's report
on directives to further fair housing objectives under
certificate and voucher programs, pursuant to Public Law 102-
550, section 153(5) (106 Stat. 3718); to the Committee on
Banking, Finance and Urban Affairs.
3401: A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed license for the export of major defense equipment
and services sold commercially to Denmark (transmittal No.
DTC-13-94), pursuant to 22 U.S.C. 2776(c); to the Committee
on Foreign Affairs.
3402: A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on Foreign Affairs.
3403: A letter from the Secretary, Department of
Agriculture, transmitting the Secretary's management report
for the 6-month period ending March 31, 1994, pursuant to
Public Law 101-576, section 306(a) (104 Stat. 2854); to the
Committee on Government Operations.
3404: A letter from the Administrator, Environmental
Protection Agency, transmitting the semiannual report of
activities of the inspector general covering the period
October 1, 1993, through March 31, 1994, and management
report for the same period, pursuant to Public Law 95-452,
section 5(b) (102 Stat. 2526); to the Committee on Government
Operations.
3405. A letter from the Director, Office of Personnel
Management, transmitting the semiannual report on activities
of the inspector general for the period of October 1, 1993,
through March 31, 1994, and management report for the same
period, pursuant to Public Law 95-452, section 5(b) (102
Stat. 2526); to the Committee on Government Operations.
3406. A letter from the Assistant Secretary of Defense;
transmitting the Department's report entitled, the ``Metric
Transition Program,'' pursuant to Public Law 100-418, section
5164(c) (102 Stat. 1452); to the Committee on Science, Space,
and Technology.
3407. A communication from the President of the United
States, transmitting notification of the designations of
Peter S. Watson
[[Page 1128]]
as Chair and Janet A. Nuzum as Vice Chair to the U.S.
International Trade Commission, effective June 17, 1994,
pursuant to 19 U.S.C. 1330(c)(1); to the Committee on Ways
and Means.
3408. A letter from the Assistant Secretary for Legislative
Affairs, Department of State; transmitting a copy of
Presidential Determination No. 94-28: Assistance Program for
the New Independent States of the Former Soviet Union,
pursuant to 22 U.S.C. 5858; jointly, to the Committees on
Appropriations and Foreign Affairs.
Para. 66.5 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed without amendment a bill of the House of the
following title:
H.R. 1183. An Act to validate conveyances of certain lands
in the State of California that form part of the right-of-way
granted by the United States to the Central Pacific Railway
Company.
The message also announced that the Senate had passed with amendments,
in which the concurrence of the House is requested, bills of the House
of the following titles:
H.R. 2815. An Act to designate a portion of the Farmington
River in Connecticut as a component of the National Wild and
Scenic Rivers System; and
H.R. 4454. An Act making appropriations for the Legislative
Branch for the fiscal year ending September 30, 1995, and for
other purposes.
The message also announced that the Senate insisted upon its
amendments to the bill (H.R. 4454) entitled ``An Act making
appropriations for the legislative branch for the fiscal year ending
September 30, 1995, and for other purposes'' and requested a conference
with the House of Representatives on the disagreeing votes of the two
Houses thereon, and appointed Mr. Reid, Ms. Mikulski, Mrs. Murray, Mr.
Byrd, Mr. Mack, Mr. Burns, and Mr. Hatfield, as conferees on the part of
the Senate.
The message also announced that the Senate had passed bills of the
following titles, in which the concurrence of the House is requested:
S. 150. An Act to provide for assistance in the
preservation of Taliesin in the State of Wisconsin, and for
other purposes.
S. 316. An Act to establish the Saguaro National Park in
the State of Arizona, and for other purposes.
S. 472. An Act to improve the administration and management
of public lands, National Forests, units of the National Park
System, and related areas by improving the availability of
adequate, appropriate, affordable, and cost effective housing
for employees needed to effectively manage the public lands.
S. 1703. An Act to expand the boundaries of the Piscataway
National Park, and for other purposes; and
S. 1980. An Act to establish the Cane River Creole National
Historical Park and the Cane River National Heritage Area in
the State of Louisiana, and for other purposes.
Para. 66.6 u.s. military academy board of visitors
The SPEAKER, pursuant to the provisions of section 4355(a) of title
10, United States Code, appointed as members of the Board of Visitors to
the United States Military Academy the following Members, on the part of
the House: Messrs. Hefner, Laughlin, Fish, and DeLay.
Ordered, That the Clerk notify the Senate thereof.
Para. 66.7 u.s. naval academy board of visitors
The SPEAKER, pursuant to the provisions of section 6968(a) of title
10, United States Code, appointed as members of the Board of Visitors to
the United States Naval Academy the following Members, on the part of
the House: Messrs. Hoyer, Mfume, Mrs. Bentley, and Mr. Skeen.
Ordered, That the Clerk notify the Senate thereof.
Para. 66.8 u.s. air force academy board of visitors
The SPEAKER, pursuant to the provisions of section 9355(a) of title
10, United States Code, appointed as members of the Board of Visitors to
the United States Air Force Academy the following Members, on the part
of the House: Messrs. Dicks, Hoagland, Hefley, and Young of Florida.
Ordered, That the Clerk notify the Senate thereof.
Para. 66.9 policy committee of the white house conference on aging
The SPEAKER, pursuant to the provisions of section 204 of the Older
Americans Act Amendments of 1987, as amended by section 834 of Public
Law 102-375, appointed to the Policy Committee of the White House
Conference on Aging the following Members, on the part of the House:
Messrs. Martinez, Jacobs, Hughes, and Mrs. Morella.
Ordered, That the Clerk notify the Senate thereof.
Para. 66.10 federal council on the aging
The SPEAKER, pursuant to the provisions of section 204(a) of the Older
Americans Act of 1965 (42 United States Code 3015(a)), as amended by
section 205 of Public Law 102-375, appointed to the Federal Council on
the Aging for a three-year term, on the part of the House, from private
life, Mrs. Josephine K. Oblinger of Williamsville, Illinois.
Ordered, That the Clerk notify the Senate thereof.
Para. 66.11 coordinating council on juvenile justice and delinquency
prevention
The SPEAKER, pursuant to the provisions of section 206 of the Juvenile
Justice and Delinquency Prevention Act of 1974 (42 United States Code
5616), as amended by section 2(d) of Public Law 102-586, appointed to
the Coordinating Council on Juvenile Justice and Delinquency Prevention
the following individuals from private life, on the part of the House:
Mr. Gordon A. Martin of Roxbury, Massachusetts, for a three year term;
Mr. Michael J. Mahoney of Chicago, Illinois, for a two year term; and
Ms. Mary Ann Murphy of Spokane, Washington, for a one year term.
Ordered, That the Clerk notify the Senate thereof.
Para. 66.12 john c. stennis center
The SPEAKER, pursuant to the provisions of section 114(b) of Public
Law 100-458, appointed to the Board of Trustees for the John C. Stennis
Center for Public Service Training and Development, the following member
on the part of the House: Mr. Lewis of Georgia.
Ordered, That the Clerk notify the Senate thereof.
Para. 66.13 commerce, justice, state, judiciary appropriations
Mr. MOLLOHAN submitted a privileged report (Rept. No. 103-552) on the
bill (H.R. 4603) making appropriations for the Departments of Commerce,
Justice and State, the Judiciary, and related agencies for the fiscal
year ending September 30, 1995, and for other purposes.
When said bill and report were referred to the Union Calendar and
ordered printed.
Mr. ROGERS reserved all points of order against said bill.
Para. 66.14 waiving points of order against the conference report on s.
24
Mr. DERRICK, by direction of the Committee on Rules, called up the
following resolution (H. Res. 439):
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (S. 24) to reauthorize the independent counsel law for
an additional 5 years, and for other purposes. All points of
order against the conference report and against its
consideration are waived.
When said resolution was considered.
After debate,
On motion of Mr. DERRICK, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that the yeas had
it.
Mr. GOSS objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
243
When there appeared
<3-line {>
Nays
171
Para. 66.15 [Roll No. 257]
YEAS--243
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Clay
[[Page 1129]]
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Traficant
Tucker
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Washington
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--171
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
Diaz-Balart
Dickey
Doolittle
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grandy
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manzullo
McCandless
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Spence
Stearns
Stump
Sundquist
Swett
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--20
Bentley
Carr
Chapman
DeFazio
DeLay
Dornan
Frost
Furse
Grams
Lloyd
McCollum
Mfume
Michel
Mineta
Schumer
Shaw
Slattery
Solomon
Towns
Valentine
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 66.16 independent counsel
Mr. BROOKS, pursuant to House Resolution 439, called up the following
conference report (Rept. No. 103-511):
The committee of conference on the disagreeing votes of the
two Houses on the bill (S. 24), to reauthorize the
independent counsel law for an additional 5 years, and for
other purposes, have agreed to recommend and do recommend to
their respective Houses as follows:
That the Senate recede from its disagreement to the
amendment of the House to the text of the bill and agree to
the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the House
amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent Counsel
Reauthorization Act of 1994''.
SEC. 2. FIVE-YEAR REAUTHORIZATION.
Section 599 of title 28, United States Code, is amended by
striking ``1987'' and inserting ``1994''.
SEC. 3. ADDED CONTROLS.
(a) Cost Controls and Administrative Support.--Section 594
of title 28, United States Code, is amended by adding at the
end the following new subsection:
``(l) Cost Controls and Administrative Support.--
``(1) Cost controls.--
``(A) In general.--An independent counsel shall--
``(i) conduct all activities with due regard for expense;
``(ii) authorize only reasonable and lawful expenditures;
and
``(iii) promptly, upon taking office, assign to a specific
employee the duty of certifying that expenditures of the
independent counsel are reasonable and made in accordance
with law.
``(B) Liability for invalid certification.--An employee
making a certification under subparagraph (A)(iii) shall be
liable for an invalid certification to the same extent as a
certifying official certifying a voucher is liable under
section 3528 of title 31.
``(C) Department of justice policies.--An independent
counsel shall comply with the established policies of the
Department of Justice respecting expenditures of funds,
except to the extent that compliance would be inconsistent
with the purposes of this chapter.
``(2) Administrative support.--The Director of the
Administrative Office of the United States Courts shall
provide administrative support and guidance to each
independent counsel. No officer or employee of the
Administrative Office of the United States Courts shall
disclose information related to an independent counsel's
expenditures, personnel, or administrative acts or
arrangements without the authorization of the independent
counsel.
``(3) Office space.--The Administrator of General Services,
in consultation with the Director of the Administrative
Office of the United States Courts, shall promptly provide
appropriate office space for each independent counsel. Such
office space shall be within a Federal building unless the
Administrator of General Services determines that other
arrangements would cost less. Until such office space is
provided, the Administrative Office of the United States
Courts shall provide newly appointed independent counsels
immediately upon appointment with appropriate, temporary
office space, equipment, and supplies.''.
(b) Independent Counsel Per Diem Expenses.--Section 594(b)
of title 28, United States Code, is amended--
(1) by striking ``(b) Compensation.--An'' and inserting the
following:
``(b) Compensation.--
``(1) In general.--An''; and
(2) by adding at the end the following new paragraphs:
``(2) Travel expenses.--Except as provided in paragraph
(3), an independent counsel and persons appointed under
subsection (c) shall be entitled to the payment of travel
expenses as provided by subchapter I of chapter 57 of title
5, United States Code, including travel, per diem, and
subsistence expenses in accordance with section 5703 of title
5.
``(3) Travel to primary office.--
``(A) In general.--After 1 year of service under this
chapter, an independent counsel and persons appointed under
subsection (c) shall not be entitled to the payment of
travel, per diem, or subsistence expenses under subchapter I
of chapter 57 of title 5, United States Code, for the purpose
of commuting to or from the city in which the primary office
of the independent counsel or person is located. The 1-year
period may be extended by 6 months if the employee assigned
duties under subsection (l)(1)(A)(iii) certifies that the
payment is in the public interest to carry out the purposes
of this chapter.
``(B) Relevant factors.-- In making any certification under
this paragraph with respect to travel and subsistence
expenses of an independent counsel or person appointed under
subsection (c), such employee shall consider, among other
relevant factors--
``(i) the cost to the Government of reimbursing such travel
and subsistence expenses;
``(ii) the period of time for which the independent counsel
anticipates that the activities of the independent counsel or
person, as the case may be, will continue;
``(iii) the personal and financial burdens on the
independent counsel or person, as the case may be, of
relocating so that such travel and subsistence expenses would
not be incurred; and
``(iv) the burdens associated with appointing a new
independent counsel, or appointing
[[Page 1130]]
another person under subsection (c), to replace the
individual involved who is unable or unwilling to so
relocate.''.
(c) Independent Counsel Employee Pay Comparability.--
Section 594(c) of title 28, United States Code, is amended by
striking the last sentence and inserting: ``Such employees
shall be compensated at levels not to exceed those payable
for comparable positions in the Office of United States
Attorney for the District of Columbia under sections 548 and
550, but in no event shall any such employee be compensated
at a rate greater than the rate of basic pay payable for
level ES-4 of the Senior Executive Service Schedule under
section 5382 of title 5, as adjusted for the District of
Columbia under section 5304 of that title regardless of the
locality in which an employee is employed.''.
(d) Ethics Enforcement.--Section 594(j) of title 28, United
States Code, is amended by adding at the end the following
new paragraph:
``(5) Enforcement.--The Attorney General and the Director
of the Office of Government Ethics have authority to enforce
compliance with this subsection.''.
(e) Compliance With Policies of the Department of
Justice.--Section 594(f) of title 28, United States Code, is
amended--
(1) by striking ``shall, except where not possible,
comply'' and inserting ``shall, except to the extent that to
do so would be inconsistent with the purposes of this
chapter, comply'';
(2) by adding at the end the following: ``To determine
these policies and policies under subsection (l)(1)(B), the
independent counsel shall, except to the extent that doing so
would be inconsistent with the purposes of this chapter,
consult with the Department of Justice.'';
(3) by striking ``An independent'' and inserting the
following:
``(1) In general.--An independent''; and
(4) by adding at the end the following new paragraph:
``(2) National security.--An independent counsel shall
comply with guidelines and procedures used by the Department
in the handling and use of classified material.''.
(f) Publication of Reports.--Section 594(h) of title 28,
United States Code, is amended by adding at the end the
following new paragraph:
``(3) Publication of reports.--At the request of an
independent counsel, the Public Printer shall cause to be
printed any report previously released to the public under
paragraph (2). The independent counsel shall certify the
number of copies necessary for the public, and the Public
Printer shall place the cost of the required number to the
debit of such independent counsel. Additional copies shall be
made available to the public through the depository library
program and Superintendent of Documents sales program
pursuant to sections 1702 and 1903 of title 44.''.
(g) Annual Reports to Congress.--Section 595(a)(2) of title
28, United States Code, is amended by striking ``such
statements'' and all that follows through ``appropriate'' and
inserting ``annually a report on the activities of the
independent counsel, including a description of the progress
of any investigation or prosecution conducted by the
independent counsel. Such report may omit any matter that in
the judgment of the independent counsel should be kept
confidential, but shall provide information adequate to
justify the expenditures that the office of the independent
counsel has made''.
(h) Periodic Reappointment of Independent Counsel.--Section
596(b)(2) of title 28, United States Code, is amended by
adding at the end the following new sentence: ``If the
Attorney General has not made a request under this paragraph,
the division of the court shall determine on its own motion
whether termination is appropriate under this paragraph no
later than 2 years after the appointment of an independent
counsel, at the end of the succeeding 2-year period, and
thereafter at the end of each succeeding 1-year period.''.
(i) Audits by the Comptroller General.--Section 596(c) of
title 28, United States Code, is amended to read as follows:
``(c) Audits.--(1) On or before June 30 of each year, an
independent counsel shall prepare a statement of expenditures
for the 6 months that ended on the immediately preceding
March 31. On or before December 31 of each year, an
independent counsel shall prepare a statement of expenditures
for the fiscal year that ended on the immediately preceding
September 30. An independent counsel whose office is
terminated prior to the end of the fiscal year shall prepare
a statement of expenditures on or before the date that is 90
days after the date on which the office is terminated.
``(2) The Comptroller General shall--
``(A) conduct a financial review of a mid-year statement
and a financial audit of a year-end statement and statement
on termination; and
``(B) report the results to the Committee on the Judiciary,
Committee on Governmental Affairs, and Committee on
Appropriations of the Senate and the Committee on the
Judiciary, Committee on Government Operations, and Committee
on Appropriations of the House of Representatives not later
than 90 days following the submission of each such
statement.''.
(j) Threshold Inquiry.--Section 591(d)(2) of title 28,
United States Code, is amended by striking ``15'' each time
it appears and inserting ``30''.
(k) Recusal.--Section 591(e) of title 28, United States
Code, is amended to read as follows:
``(e) Recusal of Attorney General.--
``(1) When recusal is required.--(A) If information
received under this chapter involves the Attorney General,
the next most senior official in the Department of Justice
who is not also recused shall perform the duties assigned
under this chapter to the Attorney General.
``(B) If information received under this chapter involves a
person with whom the Attorney General has a personal or
financial relationship, the Attorney General shall recuse
himself or herself by designating the next most senior
official in the Department of Justice who is not also recused
to perform the duties assigned under this chapter to the
Attorney General.
``(2) Requirements for recusal determination.--Before
personally making any other determination under this chapter
with respect to information received under this chapter, the
Attorney General shall determine under paragraph (1)(B)
whether recusal is necessary. The Attorney General shall set
forth this determination in writing, identify the facts
considered by the Attorney General, and set forth the reasons
for the recusal. The Attorney General shall file this
determination with any notification or application submitted
to the division of the court under this chapter with respect
to such information.''.
(l) Disclosure of Information.--Section 592(e) of title 28,
United States Code, is amended by inserting after ``Except as
otherwise provided in this chapter'' the following: ``or as
is deemed necessary for law enforcement purposes''.
(m) Clarification of Authority To Use Department of Justice
Personnel.--Section 594(d)(1) of title 28, United States
Code, is amended by adding at the end the following: ``At the
request of an independent counsel, prosecutors,
administrative personnel, and other employees of the
Department of Justice may be detailed to the staff of the
independent counsel.''.
(n) Attorneys' Fees.--Section 593(f) of title 28, United
States Code, is amended--
(1) in the last sentence of paragraph (1) by inserting
before ``Attorney General'' the following: ``the independent
counsel who conducted the investigation and''; and
(2) in paragraph (2)
(A) by striking ``may direct'' and inserting ``shall direct
such independent counsel and''; and
(B) by striking all after ``subsection,'' and inserting the
following: ``addressing--
``(A) the sufficiency of the documentation;
``(B) the need or justification for the underlying item;
``(C) whether the underlying item would have been incurred
but for the requirements of this chapter; and
``(D) the reasonableness of the amount of money
requested.''.
(o) Final Report.--Section 594(h)(1)(B) of title 28, United
States Code, is amended by striking ``, and the reasons'' and
all that follows through the period and inserting a period.
SEC. 4. MEMBERS OF CONGRESS.
(a) Discretionary Authority.--Section 591(c) of title 28,
United States Code, is amended to read as follows:
``(c) Preliminary Investigation With Respect to Other
Persons.--
``(1) In general.--When the Attorney General determines
that an investigation or prosecution of a person by the
Department of Justice may result in a personal, financial, or
political conflict of interest, the Attorney General may
conduct a preliminary investigation of such person in
accordance with section 592 if the Attorney General receives
information sufficient to constitute grounds to investigate
whether that person may have violated Federal criminal law
other than a violation classified as a Class B or C
misdemeanor or an infraction.
``(2) Members of congress.--When the Attorney General
determines that it would be in the public interest, the
Attorney General may conduct a preliminary investigation in
accordance with section 592 if the Attorney General receives
information sufficient to constitute grounds to investigate
whether a Member of Congress may have violated any Federal
criminal law other than a violation classified as a Class B
or C misdemeanor or an infraction.''.
(b) Postemployment Coverage.--Section 591(b) of title 28,
United States Code, is amended--
(1) by striking paragraphs (6) and (7);
(2) by redesignating paragraph (8) as paragraph (6), and,
at the end of that paragraph, striking the period and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(7) any individual who held an office or position
described in paragraph (1), (2), (3), (4), or (5) for 1 year
after leaving the office or position.''.
SEC. 5. GROUNDS FOR REMOVAL.
Section 596(a)(1) of title 28, United States Code, is
amended by striking ``physical disability, mental
incapacity'' and inserting ``physical or mental disability
(if not prohibited by law protecting persons from
discrimination on the basis of such a disability),''.
SEC. 6. REPORT ON WHITE HOUSE OFFICE PERSONNEL.
(a) Submission of Report.--On July 1 of each year, the
President shall submit a report described in subsection (b)
to the Committee on Governmental Affairs of the Senate and
the Committee on Government Operations of the House of
Representatives.
(b) Contents.--A report under subsection (a) shall, except
as provided in subsection (c), include--
[[Page 1131]]
(1) a list of each individual--
(A) employed by the White House Office; or
(B) detailed to the White House Office; and
(2) with regard to each individual described in paragraph
(1), the individual's--
(A) name;
(B) position and title; and
(C) annual rate of pay.
(c) Exclusion From Report.--If the President determines
that disclosure of any item of information described in
subsection (b) with respect to any particular individual
would not be in the interest of the national defense or
foreign policy of the United States--
(1) a report under subsection (a) shall--
(A) exclude such information with respect to that
individual; and
(B) include a statement of the number of individuals with
respect to whom such information has been excluded; and
(2) at the request of the Committee on Governmental Affairs
of the Senate or the Committee on Government Operations of
the House of Representatives, the information that was
excluded from the report shall be made available for
inspection by such committee.
SEC. 7. TRANSITION PROVISIONS.
(a) In General.--Except as provided in this section, the
amendments made by this Act shall apply with respect to
independent counsels appointed before, on, or after the date
of enactment of this Act.
(b) Assignment Of Employee To Certify Expenditures.--An
independent counsel appointed prior to the date of enactment
of this Act shall assign to an employee the duty of
certifying expenditures, as required by section 594(l) of
title 28, United States Code, as added by section 3(a), by
the date that is 30 days after the date of enactment of this
Act.
(c) Office Space.--The Administrator of General Services,
in applying section 594(l)(3) of title 28, United States
Code, as added by section 3(a), to determine whether the
office of an independent counsel appointed prior to the date
of enactment of this Act should be moved to a Federal
building, shall take into account the moving, legal, and
other expenses that might arise if the office were moved.
(d) Travel And Subsistence Expenses.--For purposes of the
restrictions on reimbursement of travel and subsistence
expenses of an independent counsel and employees of an office
of independent counsel contained in paragraph (3) of section
594(b) of title 28, United States Code, as amended by section
3(b), as applied to the office of an independent counsel
appointed before the date of enactment of this Act, the 1-
year service period shall begin on the date of enactment of
this Act.
(e) Rates of Compensation.--The limitation on rates of
compensation of employees of an office of independent counsel
contained in the last sentence of section 594(c) of title 28,
United States Code, as amended by section 3(c), shall not be
applied to cause a reduction in the rate of compensation of
an employee appointed before the date of enactment of this
Act.
(f) Periodic Reappointment.--The determinations by the
division of the court contained in the last sentence of
section 596(b)(2) of title 28, United States Code, as amended
by section 3(h), shall, for the office of an independent
counsel appointed before the date of enactment of this Act,
be required no later than 1 year after the date of enactment
of this Act and at the end of each succeeding 1-year period.
(g) Reporting Requirements.--No amendment made by this Act
that establishes or modifies a requirement that any person
submit a report to any other person with respect to an
activity occurring during any time period shall be construed
to require that a report submitted prior to the date of
enactment of this Act, with respect to that time period be
supplemented to include information with respect to such
activity.
(h) Regulatory Independent Counsel.--Notwithstanding the
restriction in section 593(b)(2) of title 28, United States
Code, the division of the court described in section 49 of
that title may appoint as an independent counsel any
individual who, on the date of enactment of this Act, is
serving as a regulatory independent counsel under parts 600
and 603 of title 28, Code of Federal Regulations. If such an
individual is so appointed, such an independent counsel shall
comply with chapter 40 of title 28, United States Code, as
amended by this Act, in the same manner and to the same
extent as an independent counsel appointed before the date of
enactment of this Act is required to comply with that
chapter, except that subsection (f) of this section shall not
apply to such an independent counsel.
(i) White House Personnel Report.--Section 6 shall take
effect on January 1, 1995.
And the House agree to the same.
Jack Brooks,
John Bryant,
Dan Glickman,
Barney Frank,
Managers on the Part of the House.
John Glenn,
Carl Levin,
David Pryor,
Bill Cohen,
Ted Stevens,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
On motion of Mr. BROOKS, the previous question was ordered on the
conference report to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. BARLOW, announced that the yeas had it.
Mr. GEKAS objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
317
When there appeared
<3-line {>
Nays
105
Para. 66.17 [Roll No. 258]
YEAS--317
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Bachus (AL)
Baesler
Baker (LA)
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Byrne
Calvert
Camp
Canady
Cantwell
Cardin
Castle
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Dornan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Everett
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Furse
Gallegly
Gallo
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Hoekstra
Holden
Horn
Hoyer
Huffington
Hughes
Hutto
Hyde
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Klug
Knollenberg
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (GA)
Lightfoot
Lipinski
Long
Lowey
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCrery
McCurdy
McDade
McDermott
McHale
McKeon
McKinney
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Morella
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Olver
Ortiz
Orton
Owens
Oxley
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Porter
Poshard
Price (NC)
Rahall
Ramstad
Rangel
Reed
Regula
Reynolds
Richardson
Ridge
Roemer
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Snowe
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zimmer
NAYS--105
Abercrombie
Archer
Armey
Baker (CA)
Ballenger
Bartlett
Barton
Bateman
Bentley
Bliley
Boehner
Bonilla
Brown (CA)
Bunning
Burton
Buyer
Callahan
Coble
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Dickey
Doolittle
Dreier
Duncan
Emerson
Ewing
Fields (TX)
Gekas
Gingrich
Goodlatte
Goodling
Goss
Grams
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoke
Houghton
[[Page 1132]]
Hunter
Hutchinson
Inglis
Inhofe
Istook
Johnson, Sam
Kim
King
Kingston
Kolbe
Kyl
Lewis (FL)
Lewis (KY)
Linder
Livingston
Lucas
Machtley
McCollum
McHugh
McInnis
McMillan
McNulty
Michel
Moorhead
Murphy
Myers
Nussle
Packard
Paxon
Petri
Pombo
Portman
Pryce (OH)
Quillen
Quinn
Ravenel
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Schaefer
Sensenbrenner
Shuster
Smith (OR)
Smith (TX)
Spence
Stearns
Stump
Sundquist
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Vucanovich
Walker
Walsh
Wilson
Zeliff
NOT VOTING--12
Carr
Chapman
DeFazio
Frost
Lloyd
Mineta
Obey
Pelosi
Slattery
Solomon
Valentine
Washington
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 66.18 hud supplemental appropriations
Mr. STOKES, pursuant to the special order agreed to on Friday, June
17, 1994, called up the bill (H.R. 4568) making supplemental
appropriations for the Department of Housing and Urban Development for
the fiscal year ending September 30, 1994, and for other purposes.
When said bill was considered and read twice.
After debate,
Pursuant to the special order of the House, the previous question was
ordered.
The bill was ordered to be engrossed and read a third time, was read a
third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. CLEMENT, announced that the yeas had it.
Mr. STOKES objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
410
When there appeared
<3-line {>
Nays
9
Para. 66.19 [Roll No. 259]
YEAS--410
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Furse
Gallegly
Gallo
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Grams
Grandy
Green
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--9
Burton
Coble
Crane
Gekas
Goss
Lewis (FL)
Miller (FL)
Stump
Walker
NOT VOTING--15
Carr
DeFazio
Dingell
Ford (MI)
Frost
Greenwood
Lloyd
Mineta
Obey
Pickle
Sharp
Slattery
Solomon
Valentine
Washington
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 66.20 labor, health and human services, and education
appropriations
Mr. STOKES submitted a privileged report (Rept. No. 103-553) on the
bill (H.R. 4606) making appropriations for the Departments of Labor,
Health and Human Services, Education, and related agencies, for the
fiscal year ending September 30, 1995, and for other purposes.
When said bill and report were referred to the Union Calendar and
ordered printed.
Mr. YOUNG of Florida reserved all points of order against said bill.
Para. 66.21 social security administration reform
On motion of Mr. JACOBS, by unanimous consent, the bill (H.R. 4278) to
make improvements in the old-age, survivors, and disability insurance
program under title II of the Social Security Act; together with the
amendment of the Senate thereto, was taken from the Speaker's table.
When on motion of Mr. JACOBS, it was,
Resolved, That the House disagree to the amendment of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Thereupon, the SPEAKER pro tempore, Mr. CLEMENT, by unanimous consent,
announced the appointment of Messrs. Gibbons, Rostenkowski, Pickle,
Jacobs, Ford of Tennessee, Archer, Bunning, and Santorum as managers on
the part of the House at said conference.
Ordered, That the Clerk notify the Senate thereof.
[[Page 1133]]
Para. 66.22 social security administration
On motion of Mr. JACOBS, by unanimous consent, the bill (H.R. 4277) to
establish the Social Security Administration as an independent agency
and to make other improvements in the old-age, survivors, and disability
insurance program; together with the amendment of the Senate thereto,
was taken from the Speaker's table.
When on motion of Mr. JACOBS, it was,
Resolved, That the House disagree to the amendment of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Ordered, That the Clerk notify the Senate thereof.
Para. 66.23 motion to instruct conferees--h.r.4277
Mr. SANTORUM moved that the managers on the part of the House at the
conference on the disagreeing votes of the two Houses on H.R. 4277, be
instructed to insist upon section 231 of the House bill.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. HOLDEN, announced that the yeas had it.
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
Para. 66.24 appointment of conferees--h.r. 4277
Thereupon, the SPEAKER pro tempore, Mr. HOLDEN, by unanimous consent,
announced the appointment of Messrs. Gibbons, Rostenkowski, Pickle,
Jacobs, Ford of Tennessee, Archer, Bunning, and Santorum as managers on
the part of the House at said conference.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 66.25 notice requirement--motion to instruct conferees--h.r. 3355
Mr. McCOLLUM, pursuant to clause 1(c) of rule XXVIII, announced his
intention to instruct the managers on the part of the House at the
conference with the Senate on the disagreeing votes of the two Houses on
the House amendment to the Senate amendment to the bill (H.R. 3355) to
amend the Omnibus Crime Control and Safe Streets Act of 1968 to allow
grants to increase police presence, to expand and improve cooperative
efforts between law enforcement agencies and members of the community,
to address crime and disorder problems, and otherwise to enhance public
safety; be instructed not to make any agreement that would have the
effect of reducing the funding provided for prisons to a level that is
less than the level provided in titles VI and VIII of the House
amendment.
Para. 66.26 waiving points of order against h.r. 4602
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-554) the resolution (H. Res. 458) waiving certain points of
order during consideration of the bill (H.R. 4602) making appropriations
for the Department of the Interior and related agencies for the fiscal
year ending September 30, 1995, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 66.27 freedom summer rememberance day
On motion of Mr. WYNN, by unanimous consent, the Committee on Post
Office and Civil Service and the Committee on the Judiciary were
discharged from further consideration of the following resolution (H.
Res. 457):
Whereas on June 21, 1964, James Chaney, Andrew Goodman, and
Michael Schwerner gave their lives at a young age in an
effort to guarantee the rights that are the birthright of
every citizen of the United States, particularly the right to
vote;
Whereas James Chaney, Andrew Goodman, and Michael Schwerner
were part of a movement that helped to achieve the passage of
the Civil Rights Act of 1964, the Voting Rights Act of 1965
and other milestones in the progress of this Nation toward
achieving the goal of ensuring equal rights, equal
opportunities and equal justice for all;
Whereas during the 30 years after the deaths of James
Chaney, Andrew Goodman, and Michael Schwerner, this Nation
has benefitted tremendously from the removal of many barriers
to full participation by every citizen of this nation in
political, educational and economic life;
Whereas the lives and resultant deaths of James Chaney,
Andrew Goodman, and Michael Schwerner have come to symbolize
the dream of brotherhood and sisterhood among citizens of
this Nation from all races, religions and ethnic backgrounds
and serve to inspire all citizens--in particular young
citizens--to be dedicated to the ideals of justice, equality,
citizenship and community;
Whereas the lifework of these men and thousands of other
young students who traveled to Mississippi remains unfinished
until all barriers are removed that bar the full
participation of every citizen of this Nation in the
democratic process of this Nation, especially the electoral
process; and
Whereas the Nation continues to need the leadership and
involvement of all its citizens, in particular the young, in
solving problems in their communities and improving the lives
of those in need: Now, therefore, be it
Resolved, that it is the sense of the House of
Representatives that--
(1) June 21, 1994, is designated as Freedom Summer
Remembrance Day;
(2) the House of Representatives expresses the importance
of citizens--regardless of party, ideology, age, race, creed,
and socio-economic status--working to improve this Nation and
address issues most critical to their communities;
(3) the Voting Rights Act of 1965 has helped to fulfill the
promise of democracy in this Nation; and
(4) the House of Representatives reaffirms the goal of
removing remaining barriers to full voter participation in
this Nation.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 66.28 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
Para. 66.29 communication from the clerk--message from the president
The SPEAKER pro tempore, Mr. HOLDEN, laid before the House a
communication, which was read as follows:
Office of the Clerk,
House of Representatives,
Washington, DC, June 21, 1994.
Hon. Thomas S. Foley,
The Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, I have the honor to transmit a sealed
envelope received from the White House on Tuesday, June 21,
1994 at 9:05 a.m. and said to contain a message from the
President wherein he transmits draft legislation entitled,
``Work and Responsibility Act of 1994.''
With great respect, I am
Sincerely yours,
Donnald K. Anderson,
Clerk.
Para. 66.30 work and responsibility
The Clerk then read the message from the President, as follows:
To the Congress of the United States:
I am pleased to transmit for your immediate consideration and
enactment the ``Work and Responsibility Act of 1994.''
It is time to end welfare as we know it and replace it with a system
that is based on work and responsibility--a system that will help people
help themselves. This legislation reinforces the fundamental values of
work, responsibility, family, and community. It rewards work over
welfare. It signals that people should not have children until they are
ready to support them, and that parents--both parents--who bring
children into the world must take responsibility for supporting them. It
gives people access to the skills they need and expects work in return.
Most important, it will give people back the dignity that comes from
work and independence. The cost of the proposal to the Federal
Government is estimated at $9.3 billion over 5 years and is fully
offset, primarily through reductions in entitlements and without new tax
increases.
The Work and Responsibility Act of 1994 will replace welfare with
work. Under this legislation, welfare will be about a paycheck, not a
welfare check. Our approach is based on a simple compact designed to
reinforce and reward work. Each recipient will be required to develop a
personal employability
[[Page 1134]]
plan designed to move that individual into the work force as quickly as
possible. Support, job training, and child care will be provided to help
people move from dependence to independence. Time limits will ensure
that anyone who can work, must work--in the private sector if possible,
in a temporary subsidized job if necessary.
This legislation includes several provisions aimed at creating a new
culture of mutual responsibility. It includes provisions to promote
parental responsibility and ensure that both parents contribute to their
children's well-being. This legislation establishes the toughest child
support enforcement program ever. It also includes: incentives directly
tied to the performance of the welfare office; extensive efforts to
detect and prevent welfare fraud; sanctions to prevent gaming of the
welfare system; and a broad array of incentives that States can use to
encourage responsible behavior.
Preventing teen pregnancy and out-of-wedlock births is a critical part
of welfare reform. To prevent welfare dependency, teenagers must get the
message that staying in school, postponing pregnancy, and preparing to
work are the right things to do. Our prevention approach includes a
national campaign against teen pregnancy and a national clearinghouse on
teen pregnancy prevention. Roughly 1,000 middle and high schools in
disadvantaged areas will receive grants to develop innovative teen
pregnancy prevention programs.
The Work and Responsibility Act of 1994 proposes dramatic changes in
our welfare system, changes so bold that they cannot be accomplished
overnight. We can phase in these changes by focusing on young people, to
send a clear message to the next generation that we are ending welfare
as we know it. The bill targets resources on welfare beneficiaries born
after December 31, 1971. This means that over time, more and more
welfare beneficiaries will be affected by the new rules: about a third
of the caseload in 1997, and half by the year 2000. States that want to
phase in faster will have the option of doing so.
The results of these changes will be far-reaching. In the year 2000,
2.4 million adults will be subject to the new rules under welfare
reform, including time limits and work requirements. Almost 1 million
people will be either off welfare or working.
But the impact of welfare reform cannot be measured in these numbers
alone. This legislation is aimed at strengthening families and
instilling personal responsibility by helping people help themselves. We
owe every child in America the chance to watch their parents assume the
responsibility and dignity of a real job. This bill is designed to make
that possible.
I urge the Congress to take prompt and favorable action on this
legislation.
William J. Clinton.
The White House, June 21, 1994.
By unanious consent, the message, together with the accompanying
papers, was referred to the Committee on Ways and Means, the Committee
on Education and Labor, the Committee on Agriculture, the Committee on
Engergy and Commerce, the Committee on the Judiciary and the Committee
on Foreign Affairs and ordered to be printed (H. Doc. 103-273).
Para. 66.31 national emergency with respect to Serbia and Montenegro
The SPEAKER pro tempore, Mr. HOLDEN, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
On May 30, 1992, in Executive Order No. 12808, the President declared
a national emergency to deal with the threat to the national security,
foreign policy, and economy of the United States arising from actions
and policies of the Governments of Serbia and Montenegro, acting under
the name of the Socialist Federal Republic of Yugoslavia or the Federal
Republic of Yugoslavia, in their involvement in and support for groups
attempting to seize territory in Croatia and Bosnia-Herzegovina by force
and violence utilizing, in part, the forces of the so-called Yugoslav
National Army (57 FR 23299, June 2, 1992). The present report is
submitted pursuant to 50 U.S.C. 1641(c) and 1703(c). It discusses
Administration actions and expenses directly related to the exercise of
powers and authorities conferred by the declaration of a national
emergency in Executive Order No. 12808 and to expanded sanctions against
the Federal Republic of Yugoslavia (Serbia and Montenegro) (the ``FRY
(S/M)'') contained in Executive Order No. 12810 of June 5, 1992 (57 FR
24347, June 9, 1992), Executive Order No. 12831 of January 15, 1993 (58
FR 5253, January 21, 1993), and Executive Order No. 12846 of April 26,
1993 (58 FR 25771, April 27, 1993).
1. Executive Order No. 12808 blocked all property and interests in
property of the Governments of Serbia and Montenegro, or held in the
name of the former Government of the Socialist Federal Republic of
Yugoslavia or the Government of the Federal Republic of Yugoslavia, then
or thereafter located in the United States or within the possession or
control of United States persons, including their overseas branches.
Subsequently, Executive Order No. 12810 expanded U.S. actions to
implement in the United States the United Nations sanctions against the
FRY (S/M) adopted in United Nations Security Council Resolution 757 of
May 30, 1992. In addition to reaffirming the blocking of FRY (S/M)
Government property, this order prohibits transactions with respect to
the FRY (S/M) involving imports, exports, dealing in FRY-origin
property, air and sea transportation, contract performance, funds
transfers, activity promoting importation or exportation or dealings in
property, and official sports, scientific, technical, or other cultural
representation of, or sponsorship by, the FRY (S/M) in the United
States.
Executive Order No. 12810 exempted from trade restrictions (1)
transshipments through the FRY (S/M), and (2) activities related to the
United Nations Protection Force (``UNPROFOR''), the Conference on
Yugoslavia, or the European Community Monitor Mission.
On January 15, 1993, the President issued Executive Order No. 12831 to
implement new sanctions contained in United Nations Security Council
Resolution 787 of November 16, 1992. The order revoked the exemption for
transshipments through the FRY (S/M) contained in Executive Order No.
12810, prohibited transactions within the United States or by a United
States person relating to FRY (S/M) vessels and vessels in which a
majority or controlling interest is held by a person or entity in, or
operating from, the FRY (S/M), and stated that all such vessels shall be
considered as vessels of the FRY (S/M), regardless of the flag under
which they sail.
On April 26, 1993, I issued Executive Order No. 12846 to implement in
the United States the sanctions adopted in United Nations Security
Council Resolution 820 of April 17, 1993. That resolution called on the
Bosnian Serbs to accept the Vance-Owen peace plan for Bosnia-Herzegovina
and, if they failed to do so by April 26, called on member states to
take additional measures to tighten the embargo against the FRY (S/M)
and Serbian-controlled areas of Bosnia-Herzegovina and the United
Nations Protected Areas in Croatia. Effective April 26, 1993, the order
blocked all property and interests in property of commercial,
industrial, or public utility undertakings or entities organized or
located in the FRY (S/M), including property and interests in property
of entities--wherever organized or located--owned or controlled by such
undertakings or entities, that are or thereafter come within the
possession or control of United States persons.
2. The declaration of the national emergency on May 30, 1992, was
made pursuant to the authority vested in the President by the
Constitution and laws of the United States, including the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National
Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3 of
the United States Code. The emergency declaration was reported to the
Congress on May 30, 1992, pursuant to the section 204(b) of the
International Emergency Economic Powers Act (50 U.S.C. 1703(b)). The
additional sanctions set forth in Executive Order Nos. 12810, 12831,
and 12846 were imposed pursuant to the authority vested in the
President by the Constitution and laws of the United States, including
the statutes cited above, section 1114 of the Federal Aviation Act (49
U.S.C. App. 1514), and section 5 of the United Nations Participation
Act (22 U.S.C. 287c).
3. There have been no amendments to the Federal Republic of
Yugoslavia
[[Page 1135]]
(Serbia and Montenegro) Sanctions Regulations (the ``Regulations''), 31
C.F.R. Part 585, since the last report. Of the two court cases in which
the blocking authority was challenged as applied to FRY (S/M)
subsidiaries and vessels in the United States, the government's
position in the case involving the blocked vessels was upheld by the
Fifth Circuit Court of Appeals. The Supreme Court declined to review
the decision. Milena Ship Management Co. V. Newcomb, 804 F. Supp. 859
(E.D. La. 1992), aff'd. 995 F. 2nd 620 (5th Cir. 1993), Cert. denied --
U.S. --, 114 S.Ct. 877 (1994). The case involving a blocked subsidiary
is pending a decision by the court on the government's motion for
summary judgment.
4. Over the past 6 months, the Departments of State and Treasury have
worked closely with European Community (the ``EC'') member states and
other U.N. member nations to coordinate implementation of the sanctions
against the FRY (S/M). This has included visits by assessment teams
formed under the auspices of the United States, the EC, and the
Conference for Security and Cooperation in Europe (the ``CSCE'') to
states bordering on Serbia and Montenegro; deployment of CSCE sanctions
assistance missions (``SAMs'') to Albania, Bulgaria, Croatia, the
Former Yugoslav Republic of Macedonia, Hungary, Romania, and Ukraine to
assist in monitoring land and Danube River traffic; bilateral contacts
between the United States and other countries for the purpose of
tightening financial and trade restrictions on the FRY (S/M); and
establishment of a mechanism to coordinate enforcement efforts and to
exchange technical information.
5. In accordance with licensing policy and the Regulations, FAC has
exercised its authority to license certain specific transactions with
respect to the FRY (S/M) that are consistent with the Security Council
sanctions. During the reporting period, FAC has issued 114 specific
licenses regarding transactions pertaining to the FRY (S/M) or assets
it owns or controls, bringing the total as of April 15, 1994, to 677.
Specific licenses have been issued (1) for payment to U.S. or third-
country secured creditors, under certain narrowly defined
circumstances, for pre-embargo import and export transactions; (2) for
legal representation or advice to the Government of the FRY (S/M) or
FRY (S/M)-controlled clients; (3) for the liquidation or protection of
tangible assets of subsidiaries of FRY (S/M)-controlled firms located
in the United States; (4) for limited FRY (S/M) diplomatic
representation in Washington and New York; (5) for patent, trademark
and copyright protection and maintenance transactions in the FRY (S/M)
not involving payment to the FRY (S/M) Government; (6) for certain
communications, news media, and travel-related transactions; (7) for
the payment of crews' wages, vessel maintenance, and emergency supplies
for FRY (S/M)-controlled ships blocked in the United States; (8) for
the removal from the FRY (S/M) of certain property owned and controlled
by U.S. entities; and (9) to assist the United Nations in its relief
operations and the activities of the U.N. Protection Forces. Pursuant
to regulations implementing United Nations Security Council Resolution
757, specific licenses have also been issued to authorize exportation
of food, medicine, and supplies intended for humanitarian purposes in
the FRY (S/M).
During the past 6 months, FAC has continued to oversee the
liquidation of tangible assets of the 15 U.S. subsidiaries of entities
organized in the FRY (S/M). Subsequent to the issuance of Executive
Order No. 12846, all operating licenses issued for these U.S.-located
Serbian or Montenegrin subsidiaries or joint ventures were revoked, and
the net proceeds of the liquidation of their assets placed in blocked
accounts.
The Board of Governors of the Federal Reserve Board and the New York
State Banking Department again worked closely with FAC with regard to
two Serbian banking institutions in New York that were not permitted to
conduct normal business after June 1, 1992. The banks had been issued
licenses to maintain a limited staff for audit purposes while full-time
bank examiners were posted in their offices to ensure that banking
records are appropriately safeguarded. Subsequent to the issuance of
Executive Order No. 12846, all licenses previously issued were revoked.
FAC is currently working with the Federal Reserve Board and the New
York State Banking Department to resolve outstanding issues regarding
the banks.
During the past 6 months, U.S. financial institutions have continued
to block funds transfers in which there is an interest of the
Government of the FRY (S/M) or an entity or undertaking located in or
controlled from the FRY (S/M). Such transfers have accounted for $58.6
million in Yugoslav assets blocked since the issuance of Executive
Order No. 12808, with some $22 million in funds transfers frozen during
the past 6 months.
To ensure compliance with the terms of the licenses that have been
issued under the program, stringent reporting requirements are imposed.
More than 380 submissions were reviewed since the last report and more
than 194 compliance cases are currently open. In addition, licensed
bank accounts are regularly audited by FAC compliance personnel and by
cooperating auditors from bank regulatory agencies.
6. Since the issuance of Executive Order No. 12810, FAC has worked
closely with the U.S. Customs Service to ensure both that prohibited
imports and exports (including those in which the Government of the FRY
(S/M) has an interest) are identified and interdicted, and that
permitted imports and exports move to their intended destination
without undue delay. Violations and suspected violations of the embargo
are being investigated and appropriate enforcement actions are being
taken. There are currently 50 cases under active investigation. Since
the last report, FAC has collected 20 civil penalties totaling nearly
$75,000 from 17 financial institutions for violations involving
transfers of funds in which the Government of the FRY (S/M) has an
interest. Two U.S. companies and one law firm have also paid penalties
related to exports and unlicensed payments to the Government of the FRY
(S/M) for trademark registrations.
7. The expenses incurred by the Federal Government in the 6-month
period from November 30, 1993, through May 29, 1994, that are directly
attributable to the authorities conferred by the declaration of a
national emergency with respect to the FRY (S/M) are estimated at about
$3 million, most of which represent wage and salary costs for Federal
personnel. Personnel costs were largely centered in the Department of
the Treasury (particularly in FAC and its Chief Counsel's Office, and
the U.S. Customs Service), the Department of State, the National
Security Council, the U.S. Coast Guard, and the Department of Commerce.
8. The actions and policies of the Government of the FRY (S/M), in
its involvement in and support for groups attempting to seize and hold
territory in Croatia and Bosnia-Herzegovina by force and violence,
continue to pose an unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States. The United
States remains committed to a multilateral resolution of this crisis
through its actions implementing the binding resolutions of the United
Nations Security Council with respect to the FRY (S/M).
I shall continue to exercise the powers at my disposal to apply
economic sanctions against the FRY (S/M) as long as these measures are
appropriate, and will continue to report periodically to the Congress
on significant developments pursuant to 50 U.S.C. 1703(c).
William J. Clinton.
The White House, June 21, 1994.
By unanimous consent, the message was referred to the Committee on
Foreign Affairs and ordered to be printed (H. Doc. 103-274).
Para. 66.32 senate bills referred
Bills of the Senate of the following titles were taken from the
Speaker's table and, under the rule, referred as follows:
S. 150. An Act to provide for assistance in the
preservation of Taliesin in the State of Wisconsin, and for
other purposes; to the Committee on Natural Resources;
S. 316. An Act to establish the Saguaro National Park in
the State of Arizona, and for other purposes; to the
Committee on Natural Resources;
S. 472. An Act to improve the administration and management
of public lands, National Forests, units of the National Park
System, and related areas by improving the availability of
adequate, appropriate, affordable, and cost effective housing
for employees needed to effectively manage the public lands;
to the Committee on Natural Resources; and
[[Page 1136]]
S. 1980. An Act to establish the Cane River Creole National
Historical Park and the Cane River National Heritage Area in
the State of Louisiana, and for other purposes; to the
Committee on Natural Resources.
Para. 66.33 senate enrolled bill signed
The SPEAKER announced his signature to an enrolled bill of the Senate
of the following title:
S. 1904. An Act to amend title 38, United States Code, to
improve the organization and procedures of the Board of
Veterans' Appeals.
Para. 66.34 bills presented to the president
Mr. ROSE, from the Committee on House Administration, reported that
that committee did on this day present to the President, for his
approval, bills of the House of the following titles:
H.R. 3676. An Act to amend the District of Columbia Spouse
Equity Act of 1988 to provide for coverage of the former
spouses of judges of the District of Columbia courts; and
H.R. 4205. An Act to amend title 11, D.C. Code, to clarify
that blind individuals are eligible to serve as jurors in the
Superior Court of the District of Columbia.
Para. 66.35 leave of absence
By unanimous consent, leave of absence was granted--
To Mrs. LLOYD, for today and June 22;
To Mr. UNDERWOOD, for today and June 22;
To Mr. SOLOMON, for today and balance of the week; and
To Mr. MINETA, for today.
And then,
Para. 66.36 adjournment
On motion of Mr. McDERMOTT, at 7 o'clock and 12 minutes p.m., the
House adjourned.
Para. 66.37 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. MOLLOHAN: Committee on Appropriations. H.R. 4603. A
bill making appropriations for the Department of Commerce,
Justice, and State, the Judiciary, and related agencies
programs for the fiscal year ending September 30, 1995, and
making supplemental appropriations for these departments and
agencies for the fiscal year ending September 30, 1994, and
for other purposes (Rept. No. 103-552). Referred to the
Committee of the Whole House on the State of the Union.
Mr. SMITH of Iowa: Committee on Appropriations. H.R. 4606.
A bill making appropriations for the Departments of Labor,
Health and Human Services, and Education, and related
agencies, for the fiscal year ending September 30, 1995, and
for other purposes (Rept. No. 103-553). Referred to the
Committee of the Whole House on the State of the Union.
Mr. GORDON: Committee on Rules, House Resolution 458.
Resolution waiving certain points of order against the bill
(H.R. 4602) making appropriations for the Department of the
Interior and related agencies for the fiscal year ending
September 30, 1995, and for other purposes (Rept. No. 103-
554). Referred to the House Calendar.
Para. 66.38 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. SPRATT:
H.R. 4604. A bill to establish direct spending targets, and
for other purposes; jointly, to the Committees on Government
Operations and Rules.
By Mr. GIBBONS (for himself, Mr. Ford of Michigan, Mr.
Ford of Tennessee, Mr. Martinez, Mr. Gephardt, Mr.
Cardin, Mr. Ackerman, and Mr. Cramer):
H.R. 4605. A bill to amend the Social Security Act, the
Food Stamp Act, and other relevant statutes to redesign the
program of aid to families with dependent children to
establish a program that provides time-limited, transitional
assistance, prepares individuals for and requires employment,
prevents dependency, overhauls the child support enforcement
mechanism at both State and Federal levels, and for other
purposes; jointly, to the Committees on Ways and Means,
Agriculture, and Education and Labor.
By Mrs. UNSOELD:
H.R. 4607. A bill to establish the Vancouver National
Heritage Area, and for other purposes; to the Committee on
Natural Resources.
By Mr. HUGHES (for himself and Mr. Moorhead):
H.R. 4608. A bill to authorize appropriations for the
Patent and Trademark Office in the Department of Commerce for
fiscal year 1995, and for other purposes; to the Committee on
the Judiciary.
By Mr. FAZIO (for himself and Mr. Miller of
California):
H.R. 4609. A bill to establish a Commission on Integration
of Workers' Compensation Medical Benefits to study and
develop a detailed plan for implementing the transfer of
financial responsibility for workers' compensation medical
benefits to health insurers, and to provide for the
implementation of the plan; jointly, to the Committees on
Education and Labor, Energy and Commerce, Ways and Means,
Armed Services, Post Office and Civil Service, Natural
Resources, and Veterans' Affairs.
By Mr. LaFALCE:
H.R. 4610. A bill to amend Title XVIII of the Social
Security Act to provide for coverage of self-administered
Betaseron treatments for Multiple Sclerosis under the
Medicare Program, and for other purposes; jointly, to the
Committees on Ways and Means and Energy and Commerce.
By Mr. HOCHBRUECKNER:
H.R. 4611. A bill to direct the Secretary of Transportation
to convey to the Montauk Historical Society Light Station
Montauk Point, located at Montauk, NY; to the Committee on
Merchant Marine and Fisheries.
By Mr. JOHNSTON of Florida (for himself, Mrs. Thurman,
Mr. Wilson, Mr. Faleomavaega, Mr. Canady, Mr. Royce,
and Mr. Lipinski):
H.R. 4612. A bill to amend the Internal Revenue Code of
1986 to exempt gain from the sale of a principal residence
from tax; to the Committee on Ways and Means.
By Mr. JOHNSTON of Florida (for himself and Mr. Goss):
H.R. 4613. A bill to protect the ecologically fragile
coastal resources of south Florida by prohibiting offshore
oil and gas activities and by cancelling Federal leases in
the area of the outer Continental Shelf adjacent to the south
Florida coast; jointly, to the Committees on Natural
Resources and Merchant Marine and Fisheries.
By Mr. OLVER (for himself and Mr. Neal of
Massachusetts):
H.R. 4614. A bill to amend the Federal Water Pollution
Control Act to provide grants for projects that demonstrate
technologies and methods for reducing discharges from
combined sewer overflows into navigable waters of interstate
significance; to the Committee on Public Works and
Transportation.
By Mr. ORTON (for himself and Ms. Shepherd):
H.R. 4615. A bill to make the provisions of the act
commonly known as the ``Warren Act'' to the Central Utah
Project, UT, and for other purposes; to the Committee on
Natural Resources.
By Mr. PALLONE:
H.R. 4616. A bill to amend the Natural Gas Pipeline Safety
Act of 1968 and the Hazardous Liquid Pipeline Safety Act of
1979 to improve natural gas and hazardous liquid pipeline
safety, in response to the natural gas pipeline accident in
Edison, NJ, and for other purposes; jointly, to the
Committees on Energy and Commerce and Public Works and
Transportation.
By Mr. PENNY:
H.R. 4617. A bill to amend the Freedom for Russia and
Emerging Eurasian Democracies and Open Markets Support Act of
1992 to repeal the restriction on assistance to Azerbaijan;
to the Committee on Foreign Affairs.
By Mr. SANDERS (for himself, Mr. Andrews of Maine, Ms.
Collins of Michigan, Mr. DeFazio, Mr. Dellums, Mr.
Engel, Mr. Foglietta, Mr. Gonzalez, Mr. Gutierrez,
Mr. Hinchey, Mr. Johnston of Florida, Mrs. Kennelly,
Mrs. Mink of Hawaii, Mr. Moran, Mr. Nadler, Mr.
Oberstar, Mr. Obey, Mr. Owens, Mrs. Unsoeld, Mrs.
Schroeder, Mr. Shays, Ms. Velazquez, Mr. Vento, Mr.
Washington, and Mr. Yates):
H.R. 4618. A bill to authorize the Secretary of Agriculture
to impose labeling requirements for milk and milk products
produced from cows which have been treated with synthetic
bovine growth hormone, to amend the Agriculture Act of 1949
to require the Secretary of Agriculture to reduce the price
received by producers for milk that is produced by cows
injected with synthetic bovine growth hormone, to direct the
Secretary of Health and Human Services to develop a synthetic
BGH residue test, and for other purposes; to the Committee on
Agriculture.
By Mr. SCHUMER:
H.R. 4619. A bill to amend title 18, United States Code, to
provide an official duty defense to certain section 32 and
related offenses; to the Committee on the Judiciary.
By Mr. STENHOLM (for himself and Mr. Smith of Texas):
H.R. 4620. A bill to provide that the costs relating to
repairs correcting seepage problems at Twin Buttes Dam, TX,
are nonreimbursable; to the Committee on Natural Resources.
By Mr. TRAFICANT:
H.R. 4621. A bill to establish a National Academy of Space,
and for other purposes; to the Committee on Science, Space,
and Technology.
By Mr. ANDREWS of New Jersey:
H.J. Res. 381. Joint resolution to designate May 1995
``Multiple Sclerosis Association of America Month''; to the
Committee on Post Office and Civil Service.
By Ms. SNOWE:
H. Res. 459. Resolution providing for the consideration of
the bill (H.R. 3266) to provide for automatic downward
adjustments in the discretionary spending limits for fiscal
year 1994 set forth in the Congressional Budget Act of 1974
equal to the amount of rescissions contained in this act; to
the Committee on Rules.
[[Page 1137]]
Para. 66.39 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
430. By the SPEAKER: Memorial of the House of
Representatives of the Commonwealth of Pennsylvania, relative
to memorializing the President and Congress to take action to
help ease the burden that increased lumber prices have placed
on homebuilders and homebuyers; to the Committee on
Agriculture.
431. Also, memorial of the House of Representatives of the
State of Louisiana, relative to memorializing the U.S.
Congress to take such actions as are necessary to authorize
the use of the U.S. flag to drape the coffins of former
members of the Civilian Conservation Corps; to the Committee
on Education and Labor.
Para. 66.40 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 65: Mrs. Morella.
H.R. 301: Mr. Shays.
H.R. 911: Mr. Fields of Texas.
H.R. 1103: Mr. Williams.
H.R. 1417: Mr. Frank of Massachusetts, Mr. Stupak, and Mr.
Deutsch.
H.R. 1442: Mr. Oxley.
H.R. 1500: Mr. Ravenel and Mr. Berman.
H.R. 1607: Mr. Shays.
H.R. 1671: Mr. Clement, Mr. Rangel, Mr. Canady, Mr. Wilson,
Mr. Emerson, and Mr. Bonior.
H.R. 1801: Ms. Eddie Bernice Johnson of Texas.
H.R. 1843: Mrs. Thurman and Mr. Herger.
H.R. 2064: Mr. Richardson.
H.R. 2147: Mr. Moran.
H.R. 2326: Mr. Smith of Texas, Mr. Oberstar, Mr.
Richardson, Mr. Nussle, Mr. Sharp, and Mr. Johnson of South
Dakota.
H.R. 2758: Mr. Gingrich.
H.R. 2866: Mr. Ford of Tennessee.
H.R. 2886: Mr. Greenwood, Mr. Kim, Mr. Bilbray, Mr.
Pomeroy, and Mr. Wise.
H.R. 2969: Mr. McNulty.
H.R. 3005: Mr. Smith of Michigan, Mr. Allard, and Mr.
Manzullo.
H.R. 3031: Mrs. Fowler.
H.R. 3293: Mr. Schiff.
H.R. 3348: Ms. Molinari.
H.R. 3421: Mr. Smith of Michigan and Mr. Saxton.
H.R. 3488: Mr. Livingston, Mr. Wilson, and Mr. Pombo.
H.R. 3497: Ms. Slaughter, Mrs. Fowler, and Mr. King.
H.R. 3596: Mr. Evans and Mr. Hughes.
H.R. 3717: Mr. Shays.
H.R. 3986: Mr. Minge.
H.R. 3987: Ms. Furse.
H.R. 3992: Mr. Rohrabacher.
H.R. 4042: Mr. Lantos.
H.R. 4050: Mrs. Clayton and Ms. Eddie Bernice Johnson of
Texas.
H.R. 4091: Mr. Gonzalez, Mr. Martinez, Mr. Evans, Mr.
Murphy, and Mr. Ackerman.
H.R. 4100: Mr. Owens.
H.R. 4150: Mr. Duncan.
H.R. 4163: Mr. Abercrombie, Mr. Glickman, Mr. Romero-
Barcelo, Mr. Hinchey, and Mr. Evans.
H.R. 4178: Mr. Royce and Mr. Manzullo.
H.R. 4223: Mr. Boehner.
H.R. 4251: Mr. Ridge and Mr. Upton.
H.R. 4258: Mr. Hilliard and Mr. Murphy.
H.R. 4259: Mrs. Meyers of Kansas and Mr. Clinger.
H.R. 4269: Mr. Frost.
H.R. 4358: Mr. Dornan.
H.R. 4365: Mr. Castle.
H.R. 4386: Mr. Klein, Mr. Greenwood, Mr. Barca of
Wisconsin, Mr. Whitten, Mr. Schiff, Mr. Barcia of Michigan,
Mr. Dooley, Mr. Rose, Mr. Pallone, Mr. DeFazio, Mr. Bacchus
of Florida, Mr. de la Garza, Mrs. Morella, Mr. Clay, Mr.
Oberstar, Ms. Eddie Bernice Johnson of Texas, Mr. Durbin, Mr.
de Lugo, Mr. Michel, Mr. Quillen, Mr. Hansen, Mr. Miller of
California, Mr. Baker of Louisiana, and Mr. Bonilla.
H.R. 4404: Mrs. Johnson of Connecticut, Mr. Franks of
Connecticut, Mr. Vento, Mr. Farr, and Mr. Moorhead.
H.R. 4433: Mr. Zimmer, Mr. Ehlers, Mr. Baker of Louisiana,
and Mr. Royce.
H.R. 4441: Mr. Gillmor.
H.R. 4452: Mr. Stokes, Mrs. Meek of Florida, Mrs. Clayton,
Mr. Lipinski, Mr. Payne of New Jersey, Mr. Bacchus of
Florida, Mr. Watt, Mrs. Unsoeld, Mr. Hilliard, Mr. Edwards of
California, Mr. Montgomery, Mr. Frost, Mr. Parker, Mr.
DeFazio, and Mr. Clyburn.
H.R. 4507: Mr. Parker and Mr. Hochbrueckner.
H.R. 4528: Mr. Coble, Mr. Hughes, and Mrs. Thurman.
H.R. 4535: Mrs. Collins of Illinois and Mr. Moorhead.
H.R. 4582: Mr. Swift.
H.J. Res. 44: Mr. Kyl.
H.J. Res. 90: Mr. Regula, Mr. Jacobs, Mr. Levin, Mr. Lewis
of California, and Mr. LaFalce.
H.J. Res. 145: Mr. Hoekstra, Mr. Goss, Mr. Ramstad, Mr.
Smith of Texas, Mr. Kim, and Mr. Hutchinson.
H.J. Res. 321: Mr. Royce.
H.J. Res. 326: Mr. Parker, Mr. Sabo, Mr. Hastings, Ms.
McKinney, Mr. Sanders, Mrs. Vucanovich, Mr. Fields of
Louisiana, Mr. Glickman, Mr. Flake, Mr. Ravenel, Mrs.
Bentley, Mr. Murtha, Mr. Washington, Mr. Lewis of Georgia,
Mr. Myers of Indiana, Mr. Sangmeister, Mr. Lantos, Mr.
Schumer, Mr. Richardson, Mr. Applegate, Mr. Diaz-Balart, Mr.
Houghton, Mr. Borski, Mr. Hefley, Mr. Packard, Mr. Franks of
Connecticut, Mr. Kasich, Mr. Kanjorski, Mr. Ackerman, Mr.
Whitten, Mr. Jacobs, Mr. Tauzin, Mr. Rogers, Mr. Valentine,
Mr. Watt, and Ms. Molinari.
H.J. Res. 356: Mr. Fish and Mr. Traficant.
H.J. Res. 359: Mr. Thompson and Mr. Fingerhut.
H.J. Res. 373: Mr. Rohrabacher.
H.J. Res. 378: Mr. Frank of Massachusetts, Mr. Moran, Mr.
McDade, Mr. Mazzoli, Mr. Gonzalez, Mr. Hefner, Mr. Studds,
Mr. Orton, Mr. Parker, Mr. Moakley, Mr. Pickett, Mr. Farr,
Mr. Ackerman, and Mr. Waxman.
H. Con. Res. 148: Mr. Deutsch and Mr. Livingston.
H. Con. Res. 199: Mr. Hastings.
H. Con. Res. 202: Mr. Parker.
H. Con. Res. 219: Mr. Hilliard, Mr. Owens, Mr. Beilenson,
Mr. Kyl, Ms. Molinari, Mr. Wilson, Mr. Greenwood, Ms.
Woolsey, Ms. Harman, Mr. Torkildsen, Ms. Schenk, Mr. Hughes,
Mr. Johnson of South Dakota, Mr. Porter, Mr. Kleczka, Mr.
Barrett of Wisconsin, Ms. Furse, Mr. Kopetski, Ms. Slaughter,
Mr. Hinchey, Mr. Zeliff, and Mr. Meehan.
H. Con. Res. 243: Mr. Evans, Mr. Stupak, Mrs. Meek of
Florida, and Mr. Owens.
H. Con. Res. 246: Mr. Durbin, Mr. Owens, Mr. Foglietta, Mr.
Thompson, Mr. Mann, Mr. Gunderson, Mr. Klug, Mr. DeFazio, and
Mr. Frost.
H. Res. 372: Mr. Andrews of New Jersey, Mr. Fish, and Mr.
Stupak.
H. Res. 446: Mr. Dreier, Mr. Kolbe, Mr. McInnis, Mr.
Kasich, Mr. Browder, Mr. Cramer, Mr. Evans, Mr. McNulty, Mr.
Goodling, and Mrs. Roukema.
Para. 66.41 petitions, etc.
Under clause 1 of rule XXII.
99. The SPEAKER presented a petition of the Arkansas
Legislative Counsel, Arkansas, relative to requesting that
the U.S. Congress include its members and employees in any
health care legislation it adopts in 1994 or thereafter;
which was referred to the Committee on House Administration.
.
WEDNESDAY, JUNE 22, 1994 (67)
The House was called to order by the SPEAKER.
Para. 67.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Tuesday, June 21, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 67.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3409. A letter from the Secretary of Agriculture,
transmitting a draft of proposed legislation to amend the
Packers and Stockyards Act, 1921, to provide for the
establishment of a statutory trust for the benefit of
livestock sellers to livestock dealers and market agencies
buying on commission; to the Committee on Agriculture.
3410. A letter from the Secretary, Housing and Urban
Development, transmitting a report entitled ``Revised Methods
of Providing Federal Funds for Public Housing Agencies,''
pursuant to Public Law 101-625, section 524 (104 Stat. 4215);
to the Committee on Banking, Finance and Urban Affairs.
3411. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-254, ``Repeat
Offender Life Without Parole Amendment Act of 1994,''
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on the District of Columbia.
3412. A letter from the Secretary of Health and Human
Services, transmitting the final report on the validation and
effectiveness study of legal representation through guardian
ad litem, pursuant to 42 U.S.C. 5105 note; to the Committee
on Education and Labor.
3413. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting copies of the original
report of political contributions by E. Michael Southwick, of
California, to be Ambassador to the Republic of Uganda, and
members of his family, pursuant to 22 U.S.C. 3944(b)(2); to
the Committee on Foreign Affairs.
3414. A letter from the Federal Housing Finance Board,
transmitting the 1993 management reports of the 12 Federal
Home Loan Banks and the Financing Corporation, pursuant to
Public Law 101-576, section 306(a) (104 Stat. 2854); to the
Committee on Government Operations.
3415. A letter from the Librarian of Congress, transmitting
the report of the activities of the Library of Congress,
including the Copyright Office, for the fiscal year ending
September 30, 1992, pursuant to 2 U.S.C. 139; to the
Committee on House Administration.
3416. A letter from the Administrator, General Services
Administration, transmitting informational copies of various
lease prospectuses, pursuant to 40 U.S.C. 606(a); to the
Committee on Public Works and Transportation.
Para. 67.3 waiving points of order against h.r. 4602
Mr. GORDON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 458):
[[Page 1138]]
Resolved, That during consideration of the bill (H.R. 4602)
making appropriations for the Department of the Interior and
related agencies for the fiscal year ending September 30,
1995, and for other purposes, all points of order against
provisions in the bill for failure to comply with clause 2 or
6 of rule XXI are waived except as follows: beginning on page
80, line 10, through line 19.
When said resolution was considered.
On motion of Mr. GORDON, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 67.4 interior appropriations
Mr. YATES moved that the House resolve itself into the Committee of
the Whole House on the state of the Union for the consideration of the
bill (H.R. 4602) making appropriations for the Department of the
Interior and related agencies for the fiscal year ending September 30,
1995, and for other purposes.
Pending said motion,
On motion of Mr. YATES, by unanimous consent,
Ordered, That time for general debate continue not to exceed one hour
to be equally divided and controlled by Mr. YATES and Mr. REGULA.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. FILNER, announced that the yeas had it.
So the motion was agreed to.
Accordingly,
The House resolved itself into the Committee of the Whole House on the
state of the Union for the consideration of said bill.
The SPEAKER pro tempore, Mr. FILNER, by unanimous consent, designated
Mr. GLICKMAN as Chairman of the Committee of the Whole; and after some
time spent therein,
The Committee rose informally to receive a message from the President.
The SPEAKER pro tempore, Mr. BOUCHER, assumed the Chair.
Para. 67.5 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
The Committee resumed its sitting; and after some further time spent
therein,
Para. 67.6 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. ALLARD:
Page 14, strike lines 9 through 22.
Yeas
169
It was decided in the
Nays
259
<3-line {>
negative
Answered present
1
Para. 67.7 [Roll No. 260]
AYES--169
Allard
Applegate
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barlow
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Boehner
Bonilla
Brewster
Browder
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Clinger
Coble
Collins (GA)
Combest
Condit
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
DeLay
Dickey
Dingell
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Emerson
Everett
Fawell
Fields (TX)
Fowler
Gallegly
Gekas
Geren
Gingrich
Goodlatte
Goodling
Grams
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hoekstra
Hoke
Huffington
Hunter
Hutchinson
Hutto
Inglis
Inhofe
Istook
Johnson, Sam
Kasich
Kim
King
Kingston
Klink
Knollenberg
Kyl
Lambert
Laughlin
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Long
Lucas
Manzullo
McCandless
McCrery
McHugh
McInnis
McKeon
McNulty
Mica
Michel
Miller (FL)
Montgomery
Moorhead
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Penny
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Roberts
Rogers
Rohrabacher
Roth
Rowland
Royce
Santorum
Sarpalius
Schaefer
Sensenbrenner
Shaw
Shuster
Sisisky
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Spence
Stearns
Stenholm
Stump
Sundquist
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Upton
Volkmer
Vucanovich
Walker
Wolf
Young (AK)
Young (FL)
Zeliff
NOES--259
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Barca
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Blute
Boehlert
Bonior
Borski
Boucher
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Cooper
Coppersmith
Coyne
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dixon
Durbin
Edwards (CA)
Ehlers
Engel
English
Eshoo
Evans
Ewing
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallo
Gejdenson
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Goss
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Holden
Horn
Hoyer
Hughes
Hyde
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klug
Kolbe
Kopetski
Kreidler
LaFalce
Lancaster
Lantos
LaRocco
Lazio
Leach
Levin
Lewis (GA)
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCollum
McCurdy
McDade
McDermott
McHale
McKinney
McMillan
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickle
Porter
Price (NC)
Rahall
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roemer
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Saxton
Schenk
Schiff
Schroeder
Scott
Serrano
Shays
Shepherd
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wise
Woolsey
Wyden
Wynn
Yates
Zimmer
ANSWERED ``PRESENT''--1
Hayes
NOT VOTING--10
Ford (MI)
Houghton
Kaptur
Lloyd
Schumer
Sharp
Solomon
Underwood (GU)
Washington
Wilson
So the amendment was not agreed to.
After some further time,
Para. 67.8 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. DUNCAN:
Page 15, line 14, insert ``, reduced by $14,000,000,''
after ``1,083,973,000''.
It was decided in the
Yeas
171
<3-line {>
negative
Nays
257
Para. 67.9 [Roll No. 261]
AYES--171
Allard
Archer
Armey
Baesler
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bentley
Bilirakis
Bliley
Blute
Boehner
Bonilla
Brewster
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chapman
Clement
Clinger
Coble
Collins (GA)
Combest
Cooper
Costello
Crane
Crapo
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Emerson
Everett
Ewing
[[Page 1139]]
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Green
Greenwood
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Mann
Manzullo
McCandless
McCollum
McCrery
McHugh
McInnis
McKeon
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Moorhead
Myers
Nussle
Parker
Paxon
Penny
Petri
Pickett
Pombo
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Sarpalius
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Sisisky
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Spence
Stearns
Stenholm
Stump
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Williams
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--257
Abercrombie
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baker (CA)
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Boehlert
Bonior
Borski
Boucher
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Coppersmith
Cox
Coyne
Cramer
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gallo
Gejdenson
Gephardt
Geren
Gilchrest
Gilman
Glickman
Gonzalez
Gordon
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Horn
Hoyer
Huffington
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Levin
Lewis (GA)
Lipinski
Long
Lowey
Maloney
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDade
McDermott
McHale
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Packard
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickle
Pomeroy
Porter
Price (NC)
Rahall
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roemer
Romero-Barcelo (PR)
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Saxton
Schenk
Schroeder
Schumer
Scott
Serrano
Shepherd
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
NOT VOTING--11
Ackerman
Bachus (AL)
Gibbons
Houghton
Lloyd
Oxley
Santorum
Sharp
Solomon
Underwood (GU)
Washington
So the amendment was not agreed to.
After some further time,
Para. 67.10 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. HEFLEY:
On Page 16, line 16, delete ``$171,417,000,'' and insert,
``$165,123,000''.
It was decided in the
Yeas
146
<3-line {>
negative
Nays
282
Para. 67.11 [Roll No. 262]
AYES--146
Allard
Andrews (ME)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bentley
Bilirakis
Blute
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Camp
Canady
Castle
Coble
Collins (GA)
Combest
Condit
Cooper
Costello
Cox
Crane
Crapo
Cunningham
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fingerhut
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gingrich
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hoekstra
Hoke
Huffington
Hutchinson
Hyde
Inglis
Inhofe
Inslee
Istook
Johnson, Sam
Kasich
Kildee
Kim
Kingston
Klein
Klug
Knollenberg
Kreidler
Kyl
Leach
Lewis (FL)
Lewis (KY)
Linder
Lucas
Mann
Manzullo
Margolies-Mezvinsky
McCollum
McCrery
McHugh
McInnis
McKeon
Meyers
Mica
Miller (FL)
Minge
Molinari
Nussle
Oxley
Parker
Paxon
Penny
Peterson (MN)
Petri
Pombo
Porter
Portman
Poshard
Pryce (OH)
Quinn
Ramstad
Ravenel
Roberts
Ros-Lehtinen
Roth
Roukema
Royce
Schaefer
Sensenbrenner
Shays
Smith (MI)
Smith (OR)
Smith (TX)
Snowe
Spence
Stearns
Stenholm
Stump
Swett
Talent
Tauzin
Thomas (CA)
Thomas (WY)
Thurman
Torkildsen
Upton
Walker
Williams
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--282
Abercrombie
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barlow
Bateman
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Bliley
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Calvert
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Frost
Furse
Gallo
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Holden
Horn
Hoyer
Hughes
Hunter
Hutto
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
King
Klink
Kolbe
Kopetski
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Lehman
Levin
Levy
Lewis (CA)
Lewis (GA)
Lightfoot
Lipinski
Livingston
Long
Lowey
Maloney
Manton
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McDade
McDermott
McHale
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Mfume
Michel
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Packard
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pickle
Pomeroy
Price (NC)
Quillen
Rahall
Rangel
Reed
Regula
Reynolds
Richardson
Ridge
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Shaw
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (NJ)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Sundquist
Swift
Synar
Tanner
Taylor (MS)
Taylor (NC)
Tejeda
Thompson
Thornton
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Weldon
Wheat
[[Page 1140]]
Whitten
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
NOT VOTING--11
Ackerman
Houghton
Kleczka
Lloyd
Machtley
McCurdy
Sharp
Smith (IA)
Solomon
Underwood (GU)
Washington
So the amendment was not agreed to.
After some further time,
Para. 67.12 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. CRANE:
Page 77, after line 19, insert the following:
elimination of funding
Each amount appropriated or otherwise made available by
this title for ``National Endowment for the Arts'' is hereby
reduced to $0.
It was decided in the
Yeas
113
<3-line {>
negative
Nays
313
Para. 67.13 [Roll No. 263]
AYES--113
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Barcia
Barrett (NE)
Bartlett
Barton
Bilirakis
Bliley
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Canady
Coble
Collins (GA)
Combest
Condit
Cox
Crane
Cunningham
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Emerson
Everett
Fawell
Fields (TX)
Gallegly
Gekas
Geren
Gilchrest
Gingrich
Goodlatte
Grams
Greenwood
Hall (TX)
Hancock
Hastert
Hayes
Hefley
Herger
Holden
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kim
King
Kingston
Knollenberg
Kyl
Laughlin
Levy
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCandless
McCrery
McHugh
McKeon
Miller (FL)
Moorhead
Myers
Orton
Parker
Paxon
Petri
Pombo
Quillen
Quinn
Roberts
Rohrabacher
Roth
Royce
Sarpalius
Schaefer
Sensenbrenner
Shuster
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Stearns
Stenholm
Stump
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Vucanovich
Walker
Young (AK)
NOES--313
Abercrombie
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Ballenger
Barca
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Camp
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Crapo
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Ewing
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallo
Gejdenson
Gephardt
Gibbons
Gillmor
Gilman
Glickman
Gonzalez
Goodling
Gordon
Goss
Grandy
Green
Gunderson
Gutierrez
Hall (OH)
Hamburg
Hamilton
Hansen
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Horn
Hoyer
Huffington
Hughes
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Klug
Kolbe
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Lewis (CA)
Lewis (GA)
Lipinski
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCollum
McDade
McDermott
McHale
McInnis
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Obey
Olver
Ortiz
Owens
Oxley
Packard
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Richardson
Ridge
Roemer
Rogers
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Shaw
Shays
Shepherd
Sisisky
Skaggs
Skeen
Slattery
Slaughter
Smith (IA)
Snowe
Spence
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Tejeda
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Vento
Visclosky
Volkmer
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (FL)
Zeliff
Zimmer
NOT VOTING--13
Ackerman
Houghton
Lloyd
Machtley
McCurdy
Oberstar
Reynolds
Serrano
Sharp
Solomon
Underwood (GU)
Velazquez
Washington
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. de la GARZA, assumed the Chair.
When Mr. GLICKMAN, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
Para. 67.14 veterans affairs and housing and urban development
appropriations
Mr. STOKES submitted a privileged report (Rept. No. 103-555) on the
bill (H.R. 4624) making appropriations for the Departments of Veterans
Affairs and Housing and Urban Development, and for sundry independent
agencies, boards, commissions, corporations, and offices for the fiscal
year ending September 30, 1995, and for other purposes.
When said bill and report were referred to the Union Calendar and
ordered printed.
Mr. LEWIS of California reserved all points of order against said
bill.
Para. 67.15 motion to instruct conferees--h.r. 3355
Mr. McCOLLUM submitted the privileged motion to instruct the managers
on the part of the House at the conference with the Senate on the
disagreeing votes of the two Houses on the House amendment to the Senate
amendment to the bill (H.R. 3355) to amend the Omnibus Crime Control and
Safe Streets Act of 1968 to allow grants to increase police presence, to
expand and improve cooperative efforts between law enforcement agencies
and members of the community, to address crime and disorder problems,
and otherwise to enhance public safety; be instructed not to make any
agreement that would have the effect of reducing the funding provided
for prisons to a level that is less than the level provided in titles VI
and VIII of the House amendment.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House now order the previous question on said motion?
The SPEAKER pro tempore, Mr. de la GARZA, announced that the yeas had
it.
Mr. McCOLLUM objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
338
When there appeared
<3-line {>
Nays
81
Para. 67.16 [Roll No. 264]
YEAS--338
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Borski
Boucher
Brewster
Browder
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clayton
[[Page 1141]]
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeLauro
DeLay
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Emerson
Engel
English
Eshoo
Everett
Ewing
Farr
Fawell
Fazio
Fields (TX)
Fingerhut
Fish
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hefley
Hefner
Herger
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Hoyer
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Long
Lowey
Lucas
Maloney
Manton
Manzullo
Margolies-Mezvinsky
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Menendez
Meyers
Mica
Michel
Miller (FL)
Moakley
Molinari
Montgomery
Moorhead
Moran
Morella
Myers
Neal (MA)
Neal (NC)
Nussle
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Rowland
Royce
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Sensenbrenner
Shaw
Shays
Shepherd
Shuster
Sisisky
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Snowe
Spence
Spratt
Stearns
Stenholm
Strickland
Stump
Stupak
Sundquist
Swett
Swift
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torricelli
Traficant
Tucker
Unsoeld
Upton
Valentine
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wheat
Williams
Wilson
Wise
Wolf
Wyden
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--81
Abercrombie
Barlow
Becerra
Beilenson
Berman
Blackwell
Bonior
Brooks
Brown (CA)
Brown (FL)
Clay
Collins (IL)
Collins (MI)
Conyers
Coyne
DeFazio
Dellums
Dingell
Dixon
Edwards (CA)
Ehlers
Evans
Fields (LA)
Filner
Flake
Foglietta
Ford (TN)
Frank (MA)
Gonzalez
Gutierrez
Hastings
Hilliard
Hinchey
Hughes
Johnson, E. B.
Kennedy
Kopetski
LaFalce
Mann
Markey
McDermott
Meehan
Meek
Mfume
Miller (CA)
Mineta
Minge
Mink
Mollohan
Murphy
Nadler
Oberstar
Obey
Olver
Owens
Payne (NJ)
Pelosi
Penny
Rangel
Roybal-Allard
Rush
Sabo
Sanders
Schroeder
Scott
Serrano
Skaggs
Stark
Stokes
Studds
Synar
Torres
Towns
Velazquez
Vento
Visclosky
Waters
Watt
Waxman
Woolsey
Yates
NOT VOTING--15
Ackerman
Ford (MI)
Hayes
Houghton
Lloyd
Machtley
McCurdy
Murtha
Rostenkowski
Schumer
Sharp
Smith (TX)
Solomon
Washington
Whitten
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
Para. 67.17 notice requirement--motion to instruct conferees--h.r. 3355
Mr. McCOLLUM, pursuant to clause 1(c) of rule XXVIII, announced his
intention to instruct the managers on the part of the House at the
conference with the Senate on the disagreeing votes of the two Houses on
the House amendment to the Senate amendment to the bill (H.R. 3355) to
amend the Omnibus Crime Control and Safe Streets Act of 1968 to allow
grants to increase police presence, to expand and improve cooperative
efforts between law enforcement agencies and members of the community,
to address crime and disorder problems, and otherwise to enhance public
safety; be instructed not to agree to subtitle I, relating to the local
partnership Act, or to any provision similar to it, of title X of the
House amendment.
Para. 67.18 message from the president--national emergency with respect
to haiti
The SPEAKER pro tempore, Mr. de la GARZA, laid before the House a
message from the President, which was read as follows:
To the Congress of the United States:
On October 4, 1991, pursuant to the International Emergency Economic
Powers Act (``IEEPA'') (50 U.S.C. 1701 et seq.) and section 301 of the
National Emergencies Act (``NEA'') (50 U.S.C. 1601 et seq.), President
Bush exercised his statutory authority to issue Executive Order No.
12775, declaring a national emergency and blocking Haitian government
property.
On October 28, 1991, pursuant to the above authorities, President Bush
exercised his statutory authority to issue Executive Order No. 12779,
blocking certain property of and prohibiting certain transactions with
Haiti.
On June 30, 1993, pursuant to above authorities, as well as the United
Nations Participation Act of 1945, as amended (``UNPA''), (2 U.S.C.
287c), I exercised my statutory authority to issue Executive Order No.
12853, to impose additional economic measures with respect to Haiti.
This latter action was taken, in part, to ensure that the economic
measures taken by the United States with respect to Haiti would fulfill
its obligations under United Nations Security Council Resolution 841 of
June 16, 1993.
On October 18, 1993, pursuant to the IEEPA and the NEA, I again
exercised my statutory authority to issue Executive Order No. 12872,
blocking property of various persons with respect to Haiti.
On May 6, 1994, the United Nations Security Council adopted Resolution
917, calling on States to take additional measures to tighten the
embargo against Haiti. On May 27, 1994, pursuant to the above
authorities, I exercised my statutory authority to issue Executive Order
No. 12914, to impose additional economic measures with respect to Haiti.
On May 21, 1994, pursuant to the above authorities, I exercised my
statutory authority to issue Executive Order No. 12917, to impose those
economic measures required by Resolution 917 that became effective May
21, 1994. These latter actions were taken, in part, to ensure that the
economic measures taken by the United States with respect to Haiti would
fulfill its obligations under the provisions of United Nations Security
Council Resolution 917.
On June 10, 1994, pursuant to the above authorities, I exercised my
statutory authority to issue Executive Order No. 12920, prohibiting
additional transactions with Haiti.
On June 21, 1994, pursuant to the above authorities, I exercised my
statutory authority to issue Executive Order No. 12922.
This new Executive order:
--blocks all property in the United States, or within the possession
or control of United States persons, of any Haitian national
resident in Haiti, or any other person subject to the blocking
provisions of Executive Order Nos. 12775, 12779, 12853, 12872, or
12914 or a Haitian citizen who is a member of the immediate family
of such a person, as identified by the Secretary of the Treasury;
and makes limited exceptions for certain payments and transfers, and
for the property of nongovernmental organizations engaged in the
provision of essential humanitarian assistance or the conduct of
refugee and migration operations in Haiti, that are identified by
the Secretary of the Treasury;
--prohibits any transaction that evades or avoids or has the purpose
of evading or avoiding, or attempts
[[Page 1142]]
to violate, any of the prohibitions of the order; and
--authorizes the Secretary of the Treasury, in consultation with the
Secretary of State, to issue regulations implementing the provisions
of the order.
The new Executive order is necessary to tighten the embargo against
Haiti with the goal of the restoration of democracy in that nation and
the prompt return of the legitimately elected President, Jean-Bertrand
Aristide, under the framework of the Governors Island Agreement.
I am providing this notice to the Congress pursuant to section 204(b)
of the IEEPA (50 U.S.C. 1703(b)) and section 301 of the NEA (50 U.S.C.
1631). I am enclosing a copy of the Executive order that I have issued.
William J. Clinton.
The White House, June 21, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Foreign Affairs and ordered to
be printed (H. Doc. 103-275).
Para. 67.19 modification of conferees--h.r. 3355
The SPEAKER pro tempore, Mr. de la GARZA, by unanimous consent and
pursuant to clause 6(f) of rule X, announced the following modification
in the appointment of conferees on the part of the House to the
conference with the Senate on the disagreeing votes of the two Houses on
the House amendment to the Senate amendment to the bill (H.R. 3355) to
amend the Omnibus Crime Control and Safe Streets Act of 1968 to allow
grants to increase police presence, to expand and improve cooperative
efforts between law enforcement agencies and members of the community,
to address crime and disorder problems, and otherwise to enhance public
safety:
From the Committee on Merchant Marine and Fisheries, for consideration
of sections 713-715, 4601-4608, 5105, and 5145 of the Senate amendment,
and modifications committed to conference: Mr. Young of Alaska, and Mr.
Bateman.
Ordered, That the Clerk notify the Senate of the foregoing
modification.
Para. 67.20 waiving points of order against h.r. 4603
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-556) the resolution (H. Res. 461) waiving certain points of
order against the bill (H.R. 4603) making appropriations for the
Departments of Commerce, Justice, and State, the Judiciary, and related
agencies programs for the fiscal year ending September 30, 1995, and
making supplemental appropriations for these departments and agencies
for the fiscal year ending September 30, 1994, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 67.21 enrolled bill signed
Mr. ROSE, from the Committee on House Administration, reported that
that committee had examined and found truly enrolled a bill of the House
of the following title, which was thereupon signed by the Speaker:
H.R. 1183. An Act to validate conveyances of certain lands
in the State of California that form part of the right-of-way
granted by the United States to the Central Pacific Railway
Company.
Para. 67.22 leave of absence
By unanimous consent, leave of absence was granted to Mr. HOUGHTON,
for today after 2 p.m.
And then,
Para. 67.23 adjournment
On motion of Mr. JEFFERSON, at 9 o'clock and 14 minutes p.m., the
House adjourned.
Para. 67.24 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. STOKES: Committee on Appropriations, H.R. 4624. A bill
making appropriations for the Departments of Veterans Affairs
and Housing and Urban Development, and for sundry independent
agencies, boards, commissions, corporations, and offices for
the fiscal year ending September 30, 1995, and for other
purposes (Rept. No. 103-555). Referred to the Committee of
the Whole House on the State of the Union.
Mr. BEILENSON: Committee on Rules. House Resolution 461.
Resolution waiving certain points of order against the bill
(H.R. 4603) making appropriations for the Departments of
Commerce, Justice, and State, the Judiciary, and related
agencies programs for the fiscal year ending September 30,
1995, and making supplemental appropriations for these
departments and agencies for the fiscal year ending September
30, 1994, and for other purposes (Rept. No. 103-556).
Referred to the House Calendar.
Para. 67.25 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BATEMAN:
H.R. 4622. A bill to authorize the Secretary of
Transportation to convey for scrapping to the Mariner's
Museum in Newport News, VA, a vessel in the National Defense
Reserve Fleet that is scheduled to be scrapped; to the
Committee on Merchant Marine and Fisheries.
By Mr. OBEY (for himself, Mr. Sarpalius, Ms. Shepherd,
Mr. Bonior, Mr. Wise, and Mr. Derrick):
H.R. 4623. A bill entitled, ``The Anti-Hypocrisy Deficit
Reduction Act,'' to provide for anti-hypocritical adjustments
for fiscal year 1994; jointly, to the Committees on
Government Operations and Appropriations.
By Mr. STOKES:
H.R. 4624. A bill making appropriations for the Departments
of Veterans Affairs and Housing and Urban Development, and
for sundry independent agencies, boards, commissions,
corporations, and offices for the fiscal year ending
September 30, 1995, and for other purposes.
By Mr. BISHOP (for himself, Ms. Long, Mr. Hilliard, and
Mr. Kingston):
H.R. 4625. A bill to make technical corrections to the Egg
Products Inspection Act; to the Committee on Agriculture.
By Mr. CARDIN (for himself and Mr. Archer):
H.R. 4626. A bill to amend the Internal Revenue Code of
1986 to clarify the treatment of foreign source income of
U.S.-owned multinational insurance agents and brokers; to the
Committee on Ways and Means.
By Mr. CARR:
H.R. 4627. A bill to provide for the negotiation of
prisoner transfer treaties in order to relieve overcrowding
in Federal and State prisons; to the Committee on Foreign
Affairs.
By Mr. de LUGO:
H.R. 4628. A bill to amend the Harmonized Tariff Schedule
of the United States to extend certain provisions relating to
verification of wages and issuance of duty refund
certificates to insular producers in the U.S. Virgin Islands,
Guam, and American Samoa; and for other purposes; to the
Committee on Ways and Means
By Mr. KILDEE:
H.R. 4629. A bill to amend the Truth in lending Act to
impose a civil penalty on a creditor under an open and
consumer credit plan that engages in a pattern of unlawfully
billing any obligator under the plan; to the Committee on
Banking, Finance and Urban Affairs.
By Mr. MINETA (by request):
H.R. 4630. A bill to amend title 23, United States Code, to
improve safety at rail-highway grade crossings and railroad
rights-of-way, and for other purposes; to the Committee on
Public Works and Transportation.
By Mr. ORTIZ:
H.R. 4631. A bill to direct the Secretary of Interior to
enter into negotiations on the Nueces River project, TX; to
the Committee on Natural Resources.
By Mr. PETERSON of Florida:
H.R. 4632. A bill to establish a program to provide Federal
payment to States for the operation of programs for long-term
care services for needy individuals with disabilities, to
amend the Internal Revenue Code of 1986 to revise the tax
treatment of expenses for long-term care insurance and
services, to reform standards for the long-term care
insurance market, and for other purposes; jointly, to the
Committees on Energy and Commerce and Ways and Means.
By Ms. EDDIE BERNICE JOHNSON of Texas (for herself, Ms.
Waters, Mrs. Mink of Hawaii, Mr. Walsh, Mr. LaFalce,
Mrs. Meek of Florida, Ms. Pelosi, Mr. Flake, Mr.
Emerson, Mr. Barrett of Wisconsin, Mr. Hughes, Mr.
Klein, Mr. Scott, Mr. Hilliard, Mr. Pete Geren of
Texas, Mr. Blackwell, Mr. Sanders, Mr. Fingerhut, Mr.
Jefferson, and Mr. Dellums):
H.J. Res. 382. Joint resolution designating September 11,
1994, as ``National Neonatal Nurses Day''; to the Committee
on Post Office and Civil Service.
By Mr. BROWN of California (for himself, Mr. Berman,
Mr. Sanders, Mr. Miller of California, Mr. Edwards of
California, Mr. Torres, Mr. LaFalce, and Mr.
Hinchey):
H. Con. Res. 257. Concurrent resolution commending the work
of the U.S. Labor Attache Corps, and for other purposes;
jointly, to the Committees on Foreign Affairs and Education
and Labor.
By Mr. OBEY (for himself, Mr. Sarpalius, Ms. Shepherd,
Mr. Bonior, Mr. Wise, and Mr. Derrick):
H. Res. 460. Resolution providing for the consideration of
the Anti-Hypocrisy Deficit Reduction Act of 1994 (H.R. 4623);
to the Committee on Rules.
[[Page 1143]]
By Mr. BARTLETT of Maryland:
H. Res. 462. Resolution expressing the sense of the House
of Representatives with respect to the funds needed to
compensate for decreased revenues resulting from the
implementation of the Uruguay round of the General Agreement
on Tariffs and Trade; to the Committee on Government
Operations.
Para. 67.26 private bills and resolutions
Under clause 1 of rule XXII.
Mr. ROTH introduced a bill (H.R. 4633) to authorize the
Secretary of Transportation to issue a certificate of
documentation with appropriate endorsement for employment in
the coastwise trade and on the Great Lakes and their
tributary and connecting waters in trade with Canada for each
of 2 barges; which was referred to the Committee on Merchant
Marine and Fisheries.
Para. 67.27 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 1080: Mr. Castle.
H.R. 1106: Mrs. Unsoeld.
H.R. 1171: Mr. Sangmeister, Ms. Eddie Bernice Johnson of
Texas, and Mr. Jacobs.
H.R. 1295: Mr. Neal of North Carolina.
H.R. 1349: Mr. Sanders.
H.R. 1815: Mr. Bishop and Mr. Grams.
H.R. 1843: Mr. Gallegly.
H.R. 1961: Mr. Fingerhut.
H.R. 2207: Mr. Herger.
H.R. 2355: Mr. Hutchinson.
H.R. 2467: Mr. Weldon.
H.R. 2623: Mr. Visclosky and Mr. Roth.
H.R. 2710: Mr. Frost and Mr. Solomon.
H.R. 2717: Mr. Hall of Texas, Mr. Moorhead, Mr. Baker of
California, Mr. Pombo, Mr. Herger, Mr. Parker, Mr. Kyl, and
Mr. Dreier.
H.R. 2720: Mr. Thompson and Mr. DeFazio.
H.R. 2741: Mr. Shays.
H.R. 2759: Mr. Thomas of California and Mr. Paxon.
H.R. 2929: Mr. Lucas.
H.R. 3017: Mr. Klink and Mrs. Thurman.
H.R. 3293: Mr. Hoyer.
H.R. 3397: Mr. Hinchey, Mr. Talent, and Mr. Thompson.
H.R. 3439: Mr. Horn and Mr. Fish.
H.R. 3475: Mr. Moorhead.
H.R. 3490: Mr. Hoyer and Mr. Hall of Texas.
H.R. 3725: Mr. Solomon, Mr. Ballenger, Mr. Klug, and Mr.
Fields of Texas.
H.R. 3739: Mr. Burton of Indiana and Mr. Miller of Florida.
H.R. 3785: Mr. Engel and Mr. Evans.
H.R. 3951: Mr. Cramer, Mr. Pickett, Mr. Conyers, and Mr.
Hilliard.
H.R. 4036: Mr. DeLay.
H.R. 4118: Mr. Frost.
H.R. 4124: Mr. Brown of Ohio.
H.R. 4142: Mr. Washington, Mr. Sanders, Mr. Porter, Mr.
Visclosky, Mr. Gallegly, Mr. Serrano, Mr. McDermott, and Mrs.
Morrella.
H.R. 4148: Mr. Yates.
H.R. 4158: Mr. Boehlert.
H.R. 4161: Mr. Hefley.
H.R. 4238: Mr. Frost.
H.R. 4260: Mr. Neal of North Carolina, Mr. Murphy, Mr.
Frost, and Mr. Price of North Carolina.
H.R. 4345: Mr. Bonior.
H.R. 4370: Mr. Gutierrez, Mr. Traficant, Mr. Rangel, Mr.
Rush, and Mr. Reynolds.
H.R. 4384: Mr. Costello, Mr. Hilliard, Mrs. Morella, Mr.
Moran, and Mrs. Unsoeld.
H.R. 4386: Mr. Mann, Mr. Peterson of Florida, Mr. Engel,
Mr. LaFalce, Mr. Inglis of South Carolina, Mr. Moakley, and
Mr. Synar.
H.R. 4411: Mr. Foglietta.
H.R. 4412: Mr. Sarpalius, Mr. Oxley, and Mr. Fawell.
H.R. 4423: Ms. Furse.
H.R. 4464: Mr. Andrews of Texas, Mr. Bacchus of Florida,
Mr. Becerra, Mrs. Clayton, Mr. Coppersmith, Mr. Dellums, Mr.
Dingell, Mr. Dixon, Mr. Farr, Mr. Gejdenson, Mr. Kleczka, Mr.
Mfume, Mr. Roemer, Mr. Rogers, Ms. Roybal-Allard, Mr.
Sanders, Mr. Saxton, Mr. Schumer, Mr. Sharp, and Mr. Hughes.
H.R. 4493: Mr. Dicks.
H.R. 4507: Mr. Hughes.
H.R. 4512: Ms. Eddie Bernice Johnson of Texas and Mr.
Frost.
H.R. 4527: Mr. Parker and Mr. Bartlett of Maryland.
H.R. 4540: Mr. Jacobs and Mr. Synar.
H.R. 4548: Mr. Ehlers.
H.R. 4557: Mr. Parker, Mr. Greenwood, Mr. Everett, and Mr.
Blute.
H.R. 4592: Mr. Calvert.
H.J. Res. 90: Mr. Spence, Mr. Wise, and Mr. Towns.
H.J. Res. 131: Mr. Laughlin.
H.J. Res. 230: Mr. McCollum,, Mr. Richardson, Mr.
Traficant, Mr. Borski, Mr. Moran, Mr. Lewis of Georgia, Mr.
Foglietta, and Mr. Hall of Ohio.
H.J. Res. 374: Mr. Kreidler, Mr. Cooper, Mr. Hoagland, Ms.
Norton, Mrs. Johnson of Connecticut, and Mr. McNulty.
H.J. Res. 378: Mr. Andrews of Maine, Mr. Tejeda, Mr. Mann,
Mr. Quinn, Mr. Lipinski, Mr. Levy, Mr. Solomon, Mr. Sawyer,
Mr. Peterson of Florida, Mr. Synar, Mr. Poshard, Mr. Hall of
Texas, Mr. Machtley, and Mr. McHugh.
H. Con. Res. 148: Mr. Canady and Mr. Rush.
H. Con. Res. 210: Mr. Santorum.
H. Con. Res. 214: Mr. Berman.
H. Con. Res. 247: Mr. McNulty, Mr. Visclosky, Mr. Brown of
Ohio, Mrs. Roukema, Mr. Sensenbrenner, Mr. Blute, Mr. Andrews
of New Jersey, Mr. Dellums, Mr. Traficant, Mr. Levin, Mr.
Costello, Mr. Machtley, Mr. Doolittle, Mr. Oberstar, Mr.
Gejdenson, Mrs. Morella, and Mr. Gilman.
H. Con. Res. 256: Mr. Dornan and Mrs. Byrne.
H. Res. 432: Mr. McCloskey, Mr. Meehan, Mr. Watt, Mrs.
Morella, Mr. Abercrombie, Mr. Frost, Mr. Filner, Mr.
Jefferson, Ms. Woolsey, Mr. Barrett of Wisconsin, Mr. Scott,
and Mr. Vento.
H. Res. 446: Mr. Parker, Mr. Poshard, Mrs. Vucanovich, Mr.
Hutto, and Mr. Ortiz.
Para. 67.28 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 2866: Mr. Stupak.
.
THURSDAY, JUNE 23, 1994 (68)
The House was called to order by the SPEAKER.
Para. 68.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Wednesday, June 22, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 68.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3417. A communication from the President of the United
States, transmitting his request to make available
appropriations totaling $45,550,000 in budget authority for
the Departments of Commerce, Health and Human Services,
Housing and Urban Development, and the Interior, and to
designate these amounts as emergency requirements pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, pursuant to 31
U.S.C. 1107 (H. Doc. No. 103-276); to the Committee on
Appropriations and ordered to be printed.
3418. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification of the
Department of the Navy's proposed Letter(s) of Offer and
Acceptance [LOA] to Egypt for defense articles and services
(Transmittal No. 94-32), pursuant to 22 U.S.C. 2776(b); to
the Committee on Foreign Affairs.
Para. 68.3 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed without amendment bills and a concurrent
resolution of the House of the following titles:
H.R. 3724. An Act to designate the United States courthouse
located in Bridgeport, CT, as the ``Brien McMahon Federal
Building'';
H.R. 4568. An Act making supplemental appropriations for
the Department of Housing and Urban Development for the
fiscal year ending September 30, 1994, and for other
purposes; and
H. Con. Res. 222. Authorizing the placement of a bust of
Raoul Wallenberg in the Capitol.
The message also announced that the Senate had passed with
amendments, in which the concurrence of the House is requested, a bill
of the House of the following title:
H.R. 2739. An Act to amend the Airport and Airway
Improvement Act of 1982 to authorize appropriations for
fiscal years 1994, 1995, and 1996, and for other purposes.
The message also announced that the Senate insisted upon its
amendment to the bill (H.R. 2739) ``An Act to amend the Airport and
Airway Improvement Act of 1982 to authorize appropriations for fiscal
years 1994, 1995, and 1996, and for other purposes,'' requested a
conference with the House on the disagreeing votes of the two Houses
thereon, and appointed Mr. Hollings, Mr. Ford, Mr. Exon, Mr. Danforth,
and Mr. Pressler to be the conferees on the part of the Senate.
The message also announced that the Senate had passed a bill and a
joint resolution of the following titles, in which the concurrence of
the House is requested:
S. 2099. An Act to establish the Northern Great Plains
Rural Development Commission, and for other purposes; and
S.J. Res. 202. Joint resolution commemorating June 22,
1994, as the 50th anniversary of the Servicemen's
Readjustment Act of 1944.
Para. 68.4 hour of meeting
On motion of Mr. WISE, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 9
o'clock a.m. on Friday, June 24, 1994.
Para. 68.5 interior appropriations
Mr. YATES moved that the House resolve itself into the Committee of
the
[[Page 1144]]
Whole House on the state of the Union for the further consideration of
the bill (H.R. 4602) making appropriations for the Department of the
Interior and related agencies for the fiscal year ending September 30,
1995, and for other purposes.
The question being put, viva voce,
Will the House resolve itself into the Committee?
The SPEAKER pro tempore, Mr. VISCLOSKY, announced that the yeas had
it.
So the motion was agreed to.
Accordingly,
The House resolved itself into the Committee of the Whole House on the
state of the Union for the further consideration of said bill.
The Chairman, Mr. GLICKMAN resumed the Chair; and after some time
spent therein,
Para. 68.6 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. BACHUS:
Page 76, line 25, strike ``$141,950,000'' and insert
``$49,293,100''.
It was decided in the
Yeas
132
<3-line {>
negative
Nays
297
Para. 68.7 [Roll No. 265]
AYES--132
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bereuter
Bilirakis
Boehner
Bonilla
Brown (OH)
Bunning
Burton
Buyer
Callahan
Calvert
Canady
Coble
Collins (GA)
Combest
Condit
Cox
Crane
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Emerson
Everett
Ewing
Fawell
Fields (TX)
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Grams
Greenwood
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Holden
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kasich
Kim
King
Kingston
Knollenberg
Kyl
Laughlin
Levy
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCandless
McCollum
McCrery
McHugh
McKeon
Mica
Miller (FL)
Molinari
Moorhead
Myers
Nussle
Orton
Oxley
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Royce
Sarpalius
Schaefer
Sensenbrenner
Shepherd
Shuster
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Solomon
Stearns
Stenholm
Stump
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Valentine
Vucanovich
Walker
Wolf
NOES--297
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Bentley
Berman
Bevill
Bilbray
Bishop
Blackwell
Bliley
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Bryant
Byrne
Camp
Cantwell
Cardin
Carr
Castle
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Crapo
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallo
Gejdenson
Gephardt
Gibbons
Gilman
Glickman
Gonzalez
Gordon
Goss
Grandy
Green
Gunderson
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Horn
Houghton
Hoyer
Huffington
Hughes
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Klug
Kolbe
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Lewis (CA)
Lewis (GA)
Lipinski
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDade
McDermott
McHale
McInnis
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Michel
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Owens
Packard
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roemer
Rogers
Romero-Barcelo (PR)
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sawyer
Saxton
Schenk
Schiff
Schroeder
Scott
Serrano
Sharp
Shaw
Shays
Sisisky
Skaggs
Skeen
Slattery
Slaughter
Smith (IA)
Snowe
Spence
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Traficant
Unsoeld
Upton
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--10
Chapman
Engel
Faleomavaega (AS)
Lloyd
Machtley
Schumer
Towns
Tucker
Underwood (GU)
Washington
So the amendment was not agreed to.
After some further time,
Para. 68.8 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. DICKS to the
amendment submitted by Mr. STEARNS:
Amendment submitted by Mr. DICKS:
On line 4 of the amendment, strike ``5'' and insert
``1.5''.
Amendment submitted by Mr. STEARNS:
Page 77, after line 19, insert the following:
reduction for funding
Each amount appropriated or otherwise made available by
this title for ``National Endowment for the Arts'' is hereby
reduced by 5 percent.
It was decided in the
Yeas
240
<3-line {>
affirmative
Nays
189
Para. 68.9 [Roll No. 266]
AYES--240
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Blute
Boehlert
Boehner
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Castle
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Ehlers
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Frost
Furse
Gallo
Gejdenson
Gephardt
Gibbons
Gilchrest
Gilman
Glickman
Gonzalez
Grandy
Green
Gunderson
Gutierrez
Hamburg
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Horn
Houghton
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Levin
Lewis (CA)
Lowey
Maloney
Mann
Manton
Markey
Martinez
Matsui
Mazzoli
McDermott
McHale
McInnis
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Mfume
Michel
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Moorhead
Morella
Murphy
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickle
Pomeroy
Price (NC)
Rahall
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roemer
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schroeder
Scott
Serrano
Sharp
Shays
Shepherd
Skaggs
Skeen
Slattery
Slaughter
Smith (IA)
Spratt
Stark
[[Page 1145]]
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tejeda
Thompson
Thornton
Torkildsen
Torres
Torricelli
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Walsh
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Young (AK)
NOES--189
Abercrombie
Ackerman
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Chapman
Coble
Collins (GA)
Combest
Condit
Cooper
Cox
Crane
Crapo
Cunningham
Deal
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Emerson
Engel
Everett
Ewing
Fawell
Fields (TX)
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Geren
Gillmor
Gingrich
Goodlatte
Goodling
Gordon
Goss
Grams
Greenwood
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Holden
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kanjorski
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Laughlin
Lehman
Levy
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Long
Lucas
Manzullo
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McHugh
McKeon
Meyers
Mica
Miller (FL)
Minge
Molinari
Montgomery
Moran
Murtha
Myers
Nussle
Ortiz
Orton
Owens
Oxley
Packard
Parker
Paxon
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Roberts
Rogers
Rohrabacher
Roth
Roukema
Rowland
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shuster
Sisisky
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Thurman
Traficant
Upton
Volkmer
Vucanovich
Walker
Waters
Weldon
Wolf
Young (FL)
Zeliff
Zimmer
NOT VOTING--10
Faleomavaega (AS)
Harman
Hochbrueckner
Lloyd
Machtley
Margolies-Mezvinsky
Schumer
Towns
Underwood (GU)
Washington
So the amendment to the amendment was agreed to.
After some further time,
Para. 68.10 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. YATES to the
substitute amendment submitted by Mr. BACHUS for the foregoing
amendment, as amended, submitted by Mr. STEARNS:
Amendment submitted by Mr. YATES:
On line 4 of the amendment, strike ``4.99'' and insert
``1.0''.
Subsitute amendment submitted by Mr. BACHUS:
Strike the language proposed and insert the following:
REDUCTION OF FUNDING
Each amount appropriated or otherwise made available by
this title for ``National Endowment for the Arts'' is hereby
reduced by 4.99 percent.
It was decided in the
Yeas
218
<3-line {>
affirmative
Nays
214
Para. 68.11 [Roll No. 267]
AYES--218
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Costello
Coyne
Danner
Darden
de la Garza
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Ehlers
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Glickman
Gonzalez
Gordon
Grandy
Green
Gutierrez
Hamburg
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Horn
Houghton
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Kopetski
Kreidler
LaFalce
Lambert
Lantos
LaRocco
Leach
Levin
Lewis (GA)
Lowey
Maloney
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McDermott
McInnis
McKinney
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickle
Price (NC)
Rahall
Rangel
Ravenel
Reed
Reynolds
Richardson
Ridge
Roemer
Romero-Barcelo (PR)
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schroeder
Scott
Serrano
Sharp
Shepherd
Skaggs
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tejeda
Thompson
Thornton
Torres
Torricelli
Tucker
Underwood (GU)
Unsoeld
Velazquez
Vento
Visclosky
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOES--214
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehner
Bonilla
Browder
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chapman
Coble
Collins (GA)
Combest
Condit
Cooper
Cox
Cramer
Crane
Crapo
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Holden
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kanjorski
Kasich
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
Kyl
Lancaster
Laughlin
Lazio
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Long
Lucas
Mann
Manzullo
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McKeon
McMillan
McNulty
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Myers
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Penny
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Thurman
Torkildsen
Traficant
Upton
Valentine
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--7
Faleomavaega (AS)
Ford (TN)
Lloyd
Machtley
Schumer
Towns
Washington
So the amendment to the substitute amendment was agreed to.
The SPEAKER pro tempore, Mr. BROWN of California, assumed the Chair.
When Mr. GLICKMAN, Chairman, pursuant to clause 2(d) of rule XXIII,
reported that on a recorded vote in the Committee of the Whole House on
the state of the Union on the Yates amendment to the Bachus substitute
for the Stearns amendment, as amended, to H.R. 4602, the votes of the
Delegates and of the Resident Commissioner from Puerto Rico were
decisive.
[[Page 1146]]
The SPEAKER pro tempore, Mr. BROWN, pursuant to clause 2(d) of rule
XXIII, put the question de novo,
The question being put, viva voce,
Will the House agree to said amendment?
The SPEAKER pro tempore, Mr. BROWN of California, announced that yeas
had it.
Mr. STEARNS demanded a recorded vote on agreeing to said amendment,
which demand was supported by one-fifth of a quorum, so a recorded vote
was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
210
<3-line {>
negative
Nays
216
Para. 68.12 [Roll No. 268]
AYES--210
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Costello
Coyne
Danner
Darden
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Ehlers
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Glickman
Gonzalez
Gordon
Grandy
Green
Gutierrez
Hamburg
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Horn
Houghton
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Kopetski
Kreidler
LaFalce
Lambert
Lantos
LaRocco
Leach
Levin
Lewis (GA)
Lowey
Maloney
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McDermott
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickle
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Skaggs
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tejeda
Thompson
Thornton
Torres
Torricelli
Tucker
Unsoeld
Velazquez
Vento
Visclosky
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOES--216
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehner
Bonilla
Browder
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chapman
Coble
Collins (GA)
Combest
Condit
Cooper
Cox
Cramer
Crane
Crapo
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Holden
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kanjorski
Kasich
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
Kyl
Lancaster
Laughlin
Lazio
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Long
Lucas
Mann
Manzullo
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Myers
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Penny
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Thurman
Torkildsen
Traficant
Upton
Valentine
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--8
de la Garza
Ford (TN)
Livingston
Lloyd
Machtley
McKinney
Towns
Washington
So the amendment to the substitute amendment was not agreed to.
The SPEAKER pro tempore, Mr. BROWN of California, pursuant to clause
2(d) of rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the further consideration
of the bill (H.R. 4602) making appropriations for the Department of the
Interior and related agencies for the fiscal year ending September 30,
1995, and for other purposes.
Mr. GLICKMAN, Chairman of the Committee of the Whole, resumed the
chair; and after some time spent therein,
Para. 68.13 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. DICKS to the
foregoing substitute amendment submitted by Mr. BACHUS for the prior
amendment, as amended, submitted by Mr. STEARNS:
Amendment submitted by Mr. DICKS:
In line 4 of the substitute amendment strike ``4.99'' and
insert ``2.0''
It was decided in the
Yeas
222
<3-line {>
affirmative
Nays
204
Para. 68.14 [Roll No. 269]
AYES--222
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Brown (CA)
Brown (FL)
Bryant
Byrne
Cantwell
Cardin
Carr
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Costello
Coyne
Danner
Darden
de la Garza
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Dunn
Durbin
Edwards (CA)
Ehlers
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Foglietta
Ford (MI)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Glickman
Gonzalez
Gordon
Grandy
Green
Gutierrez
Hall (OH)
Hamburg
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Horn
Houghton
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Leach
Levin
Lewis (GA)
Lipinski
Lowey
Maloney
Manton
Margolies-Mezvinsky
Martinez
Matsui
Mazzoli
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Pickle
Pomeroy
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Romero-Barcelo (PR)
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Skaggs
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tejeda
Thompson
Thornton
Torres
Torricelli
Tucker
Underwood (GU)
Unsoeld
Velazquez
Vento
Visclosky
Walsh
Waters
Watt
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wynn
Yates
[[Page 1147]]
NOES--204
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehner
Bonilla
Browder
Brown (OH)
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chapman
Coble
Collins (GA)
Combest
Condit
Cooper
Cox
Cramer
Crane
Crapo
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Edwards (TX)
Emerson
Everett
Ewing
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Holden
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kanjorski
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Laughlin
Lazio
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Long
Lucas
Mann
Manzullo
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Montgomery
Moorhead
Myers
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Thurman
Torkildsen
Traficant
Upton
Valentine
Volkmer
Vucanovich
Walker
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--13
Clay
Faleomavaega (AS)
Fawell
Flake
Ford (TN)
Lloyd
Machtley
Markey
Minge
Towns
Washington
Waxman
Wyden
So the amendment to the substitute amendment was agreed to.
Para. 68.15 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the prior amendment, as amended, submitted by Mr. STEARNS,
as amended by the foregoing amendment submitted by Mr. DICKS.
It was decided in the
Yeas
380
<3-line {>
affirmative
Nays
41
Para. 68.16 [Roll No. 270]
AYES--380
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Bateman
Becerra
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (TX)
Fingerhut
Fish
Flake
Ford (MI)
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Hefner
Herger
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Long
Lucas
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Murphy
Myers
Neal (NC)
Nussle
Oberstar
Obey
Ortiz
Orton
Owens
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skeen
Skelton
Slattery
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stokes
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Traficant
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Young (AK)
Young (FL)
Zimmer
NOES--41
Abercrombie
Beilenson
Berman
Clayton
Collins (IL)
de Lugo (VI)
Dellums
Dixon
Engel
Fields (LA)
Filner
Foglietta
Frank (MA)
Hamburg
Harman
Hastings
Hilliard
Hinchey
Johnston
Leach
Lewis (GA)
Lowey
Maloney
McKinney
Moran
Morella
Murtha
Nadler
Neal (MA)
Norton (DC)
Olver
Payne (NJ)
Pelosi
Sabo
Skaggs
Slaughter
Stark
Studds
Waters
Watt
Yates
NOT VOTING--18
Barton
Clay
Faleomavaega (AS)
Ford (TN)
Gonzalez
Istook
Lloyd
Machtley
Oxley
Romero-Barcelo (PR)
Rush
Serrano
Strickland
Towns
Tucker
Underwood (GU)
Washington
Zeliff
So the amendment, as amended, was agreed to.
After some further time,
Para. 68.17 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. KLUG:
Page 58, line 9, strike ``$445,544,000'' and insert
``$418,271,000''.
It was decided in the
Yeas
182
<3-line {>
negative
Nays
242
Para. 68.18 [Roll No. 271]
AYES--182
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Archer
Armey
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bereuter
Bilbray
Blute
Boehlert
Bonilla
Brown (FL)
Burton
Calvert
Camp
Canady
Cantwell
Castle
Coble
Collins (GA)
Condit
Coppersmith
Cox
Crane
Cunningham
DeFazio
DeLauro
Deutsch
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Ehlers
Engel
Farr
Filner
Fingerhut
Fish
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Furse
Gallegly
Gekas
Gilchrest
Gilman
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gutierrez
Hamburg
Hancock
Harman
Herger
Hinchey
Hoagland
Hoekstra
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Inglis
Inslee
Jacobs
Jefferson
Johnson (SD)
Johnson, Sam
Kennedy
Kennelly
Kim
King
Kingston
Kleczka
Klein
Klug
Knollenberg
[[Page 1148]]
Kreidler
Kyl
LaFalce
Lambert
Lazio
Leach
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Linder
Maloney
Mann
Manzullo
Margolies-Mezvinsky
Markey
McCandless
McCollum
McCrery
McDermott
McHugh
McKeon
McKinney
McMillan
McNulty
Meehan
Menendez
Meyers
Miller (FL)
Minge
Molinari
Morella
Nadler
Nussle
Olver
Pallone
Paxon
Payne (NJ)
Penny
Petri
Pombo
Porter
Portman
Ramstad
Ravenel
Richardson
Rohrabacher
Ros-Lehtinen
Roth
Roybal-Allard
Royce
Sanders
Schenk
Schroeder
Schumer
Sensenbrenner
Sharp
Shaw
Shays
Shepherd
Skaggs
Slattery
Smith (MI)
Smith (NJ)
Smith (OR)
Snowe
Solomon
Spence
Stearns
Studds
Stump
Stupak
Swett
Talent
Thurman
Upton
Vento
Vucanovich
Walker
Walsh
Watt
Waxman
Weldon
Wolf
Wyden
Wynn
Young (FL)
Zimmer
NOES--242
Abercrombie
Ackerman
Applegate
Bacchus (FL)
Bachus (AL)
Barcia
Barlow
Bateman
Becerra
Beilenson
Bentley
Berman
Bevill
Bilirakis
Bishop
Bliley
Boehner
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (OH)
Bryant
Bunning
Buyer
Byrne
Callahan
Cardin
Carr
Chapman
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Combest
Conyers
Cooper
Costello
Coyne
Cramer
Crapo
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeLay
Derrick
Dicks
Dingell
Dixon
Dooley
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Emerson
English
Eshoo
Evans
Everett
Ewing
Fawell
Fazio
Fields (LA)
Fields (TX)
Flake
Foglietta
Ford (MI)
Ford (TN)
Frost
Gallo
Gejdenson
Gephardt
Geren
Gibbons
Gillmor
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Hall (OH)
Hall (TX)
Hamilton
Hansen
Hastert
Hastings
Hayes
Hefley
Hefner
Hobson
Hochbrueckner
Hoke
Holden
Hoyer
Hughes
Hyde
Inhofe
Istook
Johnson (GA)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kildee
Klink
Kolbe
Kopetski
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Lewis (KY)
Lightfoot
Lipinski
Livingston
Long
Lowey
Lucas
Manton
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDade
McHale
McInnis
Meek
Mfume
Mica
Michel
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Montgomery
Moorhead
Moran
Murphy
Murtha
Myers
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Ortiz
Orton
Owens
Oxley
Packard
Parker
Pastor
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Pryce (OH)
Quillen
Rahall
Rangel
Reed
Regula
Reynolds
Ridge
Roberts
Roemer
Rogers
Romero-Barcelo (PR)
Rose
Rostenkowski
Roukema
Rowland
Rush
Sabo
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schiff
Scott
Serrano
Shuster
Sisisky
Skeen
Skelton
Slaughter
Smith (IA)
Smith (TX)
Spratt
Stark
Stenholm
Stokes
Strickland
Sundquist
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Torkildsen
Torres
Torricelli
Traficant
Tucker
Underwood (GU)
Unsoeld
Valentine
Velazquez
Visclosky
Volkmer
Waters
Wheat
Williams
Wilson
Wise
Woolsey
Yates
Young (AK)
NOT VOTING--15
Blackwell
Clay
Dellums
Faleomavaega (AS)
Gunderson
Hilliard
Johnson (CT)
Lloyd
Machtley
Quinn
Thornton
Towns
Washington
Whitten
Zeliff
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. WISE, assumed the Chair.
When Mr. GLICKMAN, Chairman, reported that the Committee, having had
under consideration said bill, had directed him to report the same back
to the House with an amendment adopted by the Committee with the
recommendation that the amendment be agreed to and that the bill, as
amended, do pass.
By unanimous consent, the previous question was ordered on the bill.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike the language proposed and insert the following:
REDUCTION OF FUNDING
Each amount appropriated or otherwise made available by
this title for ``National Endowment for the Arts'' is hereby
reduced by 1.0 percent.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
Mr. MYERS of Indiana moved to recommit the bill to the Committee on
Appropriations with the following instructions to report the bill back
to the House forthwith with the following amendment:
On Page 50, line 11, strike $62,131,000 and insert
$61,131,000.
By unanimous consent, the previous question was ordered on the motion
to recommit with instructions.
The question being put, viva voce,
Will the House recommit said bill with instructions?
The SPEAKER pro tempore, Mr. WISE, announced that the yeas had it.
So the motion to recommit with instructions was agreed to.
Mr. YATES, pursuant to the foregoing order of the House reported the
bill back to the House with said amendment.
The question being put, viva voce,
Will the House agree to said amendment?
The SPEAKER pro tempore, Mr. WISE, announced that the yeas had it.
So the amendment was agreed to.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. WISE, announced that the yeas had it.
Mr. BUNNING demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
338
<3-line {>
affirmative
Nays
85
Para. 68.19 [Roll No. 272]
YEAS--338
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Blute
Boehlert
Bonilla
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Calvert
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grandy
Green
Greenwood
Gutierrez
Hall (OH)
Hamburg
Hamilton
Hansen
Harman
Hastert
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Hughes
Hutchinson
Hutto
Hyde
Inhofe
Inslee
Istook
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Long
Lowey
Lucas
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCrery
McDade
McDermott
McHale
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Packard
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Porter
Portman
[[Page 1149]]
Poshard
Price (NC)
Pryce (OH)
Quillen
Rahall
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roemer
Rogers
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Tanner
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
NAYS--85
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bliley
Boehner
Bunning
Burton
Buyer
Callahan
Camp
Coble
Combest
Condit
Cox
Crane
Crapo
Cunningham
DeLay
Dickey
Doolittle
Dreier
Duncan
Ehlers
Emerson
Fields (TX)
Franks (NJ)
Gekas
Grams
Hall (TX)
Hancock
Hefley
Herger
Huffington
Hunter
Inglis
Jacobs
Johnson, Sam
Kim
King
Kingston
Klug
Knollenberg
Levy
Lewis (KY)
Manzullo
McCollum
McHugh
Miller (FL)
Molinari
Moorhead
Oxley
Paxon
Petri
Pombo
Ramstad
Roberts
Rohrabacher
Roth
Royce
Santorum
Sarpalius
Schaefer
Sensenbrenner
Smith (MI)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stump
Talent
Tauzin
Taylor (MS)
Upton
Vucanovich
Walker
Zimmer
NOT VOTING--11
Bonior
Clay
Dornan
Gunderson
Lloyd
Machtley
McCurdy
Quinn
Towns
Washington
Zeliff
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 68.20 clerk to correct engrossment
On motion of Mr. YATES, by unanimous consent,
Ordered, That in the engrossment of the foregoing bill, the Clerk be
authorized to correct section numbers, punctuation, cross references,
and to make other technical corrections.
Para. 68.21 waiving points of order against h.r. 4603
Mr. BEILENSON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 461):
Resolved, That points of order against consideration of the
bill (H.R. 4603) making appropriations for the Departments of
Commerce, Justice, and State, the Judiciary, and related
agencies programs for the fiscal year ending September 30,
1995, and making supplemental appropriations for these
departments and agencies for the fiscal year ending September
30, 1994, and for other purposes, for failure to comply with
clause 2(1)(6) of rule XI or clause 7 of rule XXI are waived.
During consideration of the bill, all points of order against
provisions in the bill or failure to comply with clause 2 of
rule XXI are waived except as follows: beginning with
``notwithstanding'' on page 3, line 18, through ``Act,'' on
line 19; beginning with ``That'' on page 36, line 16,
through, ``Provided further,'' on page 37, line 6; and
beginning with ``: Provided'' on page 48, line 25, through
``Treasury'' on page 49, line 4. Where points of order are
waived against only part of a paragraph, any point of order
against matter in the balance of the paragraph may be applied
only within the balance of the paragraph and not against the
entire paragraph. The amendment printed in the report of the
Committee on Rules accompanying this resolution shall have
precedence over a motion that the Committee of the Whole rise
and report the bill to the House with such amendments as may
have been adopted, if the amendment is offered by a Member
designated in the report.
When said resolution was considered.
After debate,
On motion of Mr. BEILENSON, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. WISE, announced that the yeas had it.
Mr. LIVINGSTON objected to the vote on the ground that a quorum was
not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
243
When there appeared
<3-line {>
Nays
177
Para. 68.22 [Roll No. 273]
YEAS--243
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--177
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cooper
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
[[Page 1150]]
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zimmer
NOT VOTING--14
Clay
Collins (MI)
Condit
Gunderson
Kaptur
Lloyd
Machtley
McCurdy
Quinn
Rangel
Towns
Washington
Watt
Zeliff
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 68.23 commerce, justice, state, judiciary appropriations
Mr. MOLLOHAN moved that the House resolve itself into the Committee of
the Whole House on the state of the Union for the consideration of the
bill (H.R. 4603) making appropriations for the Departments of Commmerce,
Justice, and State, the Judiciary, and related agencies programs for the
fiscal year ending September 30, 1995, and making supplemental
appropriations for the departments and agencies for fiscal year ending
September 30, 1994, and for other purposes.
Pending said motion,
On motion of Mr. MOLLOHAN, by unanimous consent,
Ordered, That time for general debate continue not to exceed one hour
to be equally divided and controlled by Mr. MOLLOHAN and Mr. ROGERS.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. WISE, announced that the yeas had it.
So the motion was agreed to.
Accordingly,
The House resolved itself into the Committee of the Whole House on the
state of the Union for the consideration of said bill.
The SPEAKER pro tempore, Mr. WISE, by unanimous consent, designated
Mr. BROWN of California as Chairman of the Committee of the Whole; and
after some time spent therein,
The SPEAKER pro tempore, Mr. HASTINGS, assumed the Chair.
When Mr. BROWN of California, Chairman, reported that the Committee,
having had under consideration said bill, had come to no resolution
thereon.
Para. 68.24 motion to instruct conferees--h.r. 3355
Mr. McCOLLUM submitted the privileged motion to instruct the managers
on the part of the House at the conference with the Senate on the
disagreeing votes of the two Houses on the House amendment to the Senate
amendment to the bill (H.R. 3355) to amend the Omnibus Crime Control and
Safe Streets Act of 1968 not to agree to subtitle I, relating to the
local partnership Act, or to any provision similar to it, of title X of
the House amendment.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. HASTINGS, announced that the nays had it.
Mr. McCOLLUM demanded a recorded vote on agreeing to said motion,
which demand was supported by one-fifth of a quorum, so a recorded vote
was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
143
<3-line {>
negative
Nays
247
Para. 68.25 [Roll No. 274]
AYES--143
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bereuter
Bilirakis
Bliley
Boehlert
Boehner
Bonilla
Bunning
Burton
Callahan
Calvert
Camp
Canady
Castle
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
Deal
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Gallo
Gekas
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Huffington
Hunter
Hutchinson
Inglis
Inhofe
Istook
Johnson (GA)
Johnson, Sam
Kasich
Kim
King
Kingston
Knollenberg
Kolbe
Kyl
Lazio
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Moorhead
Myers
Nussle
Oxley
Packard
Paxon
Petri
Porter
Portman
Pryce (OH)
Quillen
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Roth
Roukema
Royce
Santorum
Saxton
Schiff
Sensenbrenner
Shaw
Shuster
Skeen
Smith (MI)
Smith (TX)
Solomon
Spence
Stearns
Stump
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (FL)
Zimmer
NOES--247
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bevill
Bilbray
Bishop
Blackwell
Blute
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Buyer
Byrne
Cantwell
Cardin
Carr
Chapman
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (TN)
Franks (NJ)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilman
Glickman
Gonzalez
Gordon
Grandy
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Hoke
Holden
Horn
Houghton
Hoyer
Hutto
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Klug
Kopetski
Kreidler
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Leach
Lehman
Levin
Lewis (GA)
Lipinski
Long
Lowey
Mann
Manton
Margolies-Mezvinsky
Markey
Matsui
Mazzoli
McCloskey
McDermott
McHale
McInnis
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Morella
Neal (MA)
Neal (NC)
Obey
Olver
Ortiz
Orton
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Poshard
Price (NC)
Rahall
Ramstad
Rangel
Reed
Reynolds
Richardson
Roemer
Ros-Lehtinen
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schaefer
Schenk
Schroeder
Scott
Serrano
Sharp
Shays
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Smith (OR)
Snowe
Spratt
Stark
Stenholm
Stokes
Strickland
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Visclosky
Waters
Watt
Waxman
Williams
Wise
Woolsey
Wyden
Wynn
Young (AK)
NOT VOTING--44
Applegate
Bentley
Berman
Clay
Collins (MI)
Engel
Fish
Ford (MI)
Frank (MA)
Franks (CT)
Gallegly
Harman
Hayes
Hughes
Hyde
Kanjorski
LaFalce
Lloyd
Machtley
Maloney
Martinez
McCurdy
Murphy
Murtha
Nadler
Oberstar
Owens
Penny
Quinn
Ridge
Schumer
Slattery
Studds
Sundquist
Torricelli
Towns
Vento
Volkmer
Washington
Wheat
Whitten
Wilson
Yates
Zeliff
So the motion to instruct the managers on the part of the House was
not agreed to.
A motion to reconsider the vote whereby said motion was not agreed to
was, by unanimous consent, laid on the table.
Para. 68.26 senate bills and joint resolution referred
Bills and a joint resolution of the Senate of the following titles
were taken from the Speaker's table and, under the rule, referred as
follows:
S. 1357. An Act to reaffirm and clarify the Federal
relationships of the Little Traverse Bay Bands of Odawa
Indians and the Little River Band of Ottawa Indians as
distinct federally recognized Indian tribes, and for other
purposes; to the Committee on Natural Resources.
[[Page 1151]]
S. 2099. An Act to establish the Northern Great Plains
Rural Development Commission, and for other purposes; to the
Committee on Agriculture.
S.J. Res. 202. Joint resolution commemorating June 22,
1994, as the 50th anniversary of the Servicemen's
Readjustment Act of 1994; to the Committee on Post Office and
Civil Service.
Para. 68.27 senate enrolled bill signed
The SPEAKER announced his signature to an enrolled bill of the Senate
of the following title:
S. 24. An Act to reauthorize the independent counsel law
for an additional 5 years, and for other purposes.
Para. 68.28 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. FALEOMAVAEGA, for today and June 24;
To Miss COLLINS of Michigan, for today after 3:45 p.m., and June 24;
To Mr. QUINN, for today after 2:30 p.m.; and
To Mr. FRANKS of Connecticut, for today after 6:00 p.m., and June 24.
And then,
Para. 68.29 adjournment
On motion of Mr. DORNAN, pursuant to the special order heretofore
agreed to, at 9 o'clock and 1 minute p.m., the House adjourned until 9
o'clock a.m., on Friday, June 24, 1994.
Para. 68.30 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. MOAKLEY: Committee on Rules. H.R. 4600. A bill to amend
the Congressional Budget and Impoundment Control Act of 1974
to provide for the expedited consideration of certain
proposed rescissions of budget authority (Rept. No. 103-557,
Pt. 1). Ordered to be printed.
Para. 68.31 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. MINGE:
H.R. 4634. A bill to amend the Internal Revenue Code of
1986 to provide that a taxpayer may elect to include in
income crop insurance proceeds and disaster payments in the
year of the disaster or in the following year, to provide for
a technical correction regarding indexation of the threshold
applicable to the luxury automobile excise tax, and for other
purposes; to the Committee on Ways and Means.
By Mr. HAMILTON:
H.R. 4635. A bill to extend the Export Administration Act
of 1979; to the Committee on Foreign Affairs.
By Mr. STUDDS (for himself, Mr. Frank of Massachusetts,
Mr. Waxman, Mr. Edwards of California, Mr.
Abercrombie, Mr. Ackerman, Mr. Andrews of Maine, Mr.
Bacchus of Florida, Mr. Becerra, Mr. Beilenson, Mr.
Berman, Mr. Blackwell, Mr. Bonior, Ms. Cantwell, Mr.
Cardin, Mr. Clay, Mrs. Clayton, Ms. Collins of
Michigan, Mr. Conyers, Mr. Coppersmith, Mr. DeFazio,
Ms. DeLauro, Mr. Dellums, Mr. Derrick, Mr. Deutsch,
Mr. Dixon, Mr. Engel, Ms. English of Arizona, Ms.
Eshoo, Mr. Evans, Mr. Farr, Mr. Fazio, Mr. Filner,
Mr. Flake, Mr. Foglietta, Mr. Ford of Michigan, Ms.
Furse, Mr. Gejdenson, Mr. Gonzalez, Mr. Gutierrez,
Mr. Hamburg, Ms. Harman, Mr. Hastings, Mr. Hinchey,
Mr. Hochbrueckner, Mr. Hoyer, Mr. Huffington, Mr.
Jefferson, Mr. Johnston of Florida, Mr. Kennedy, Mr.
Kopetski, Mr. Kreidler, Mr. Lantos, Mr. Lewis of
Georgia, Ms. Lowey, Mr. Machtley, Mrs. Maloney, Ms.
Margolies-Mezvinsky, Mr. Markey, Mr. Martinez, Mr.
Matsui, Mr. McDermott, Ms. McKinney, Mr. Meehan, Mrs.
Meek of Florida, Mr. Menendez, Mr. Mfume, Mr. Miller
of California, Mr. Mineta, Mrs. Mink of Hawaii, Mr.
Moran, Mrs. Morella, Mr. Nadler, Ms. Norton, Mr.
Olver, Mr. Owens, Mr. Pallone, Mr. Pastor, Mr. Payne
of New Jersey, Ms. Pelosi, Mr. Rangel, Mr. Reed, Mr.
Reynolds, Ms. Roybal-Allard, Mr. Rush, Mr. Sabo, Mr.
Sanders, Ms. Schenk, Mrs. Schroeder, Mr. Schumer, Mr.
Serrano, Mr. Shays, Mr. Skaggs, Ms. Slaughter, Mr.
Stark, Mr. Stokes, Mr. Torricelli, Mr. Towns, Mr.
Underwood, Mrs. Unsoeld, Ms. Velazquez, Mr. Vento,
Mr. Washington, Ms. Waters, Mr. Watt, Ms. Woolsey,
Mr. Wyden, Mr. Wynn, and Mr. Yates):
H.R. 4636. A bill to prohibit employment discrimination on
the basis of sexual orientation; to the Committee on
Education and Labor.
By Mr. BONILLA:
H.R. 4637. A bill to assure compliance with the guarantees
of the 5th, 14th, and 15th amendments to the Constitution by
prohibiting the intentional creation of legislative districts
which favor or discriminate against individuals based on the
race, color, national origin, or language of voters within
such districts; to the Committee on the Judiciary.
By Ms. SNOWE:
H.R. 4638. A bill to consolidate the administration of
defense economic conversion activities in the Executive
Office of the President; to the Committee on Government
Operations.
H.R. 4639. A bill to amend the Internal Revenue Code of
1986 to provide tax incentives relating to the closure,
realignment, or downsizing of military installations; to the
Committee on Ways and Means.
By Mr. ANDREWS of Maine (for himself and Mr. Studds):
H.R. 4640. A bill to establish a Gulf of Maine Council to
promote the economic development and ensure the environmental
quality of the Gulf of Maine, and for other purposes;
jointly, to the Committees on Merchant Marine and Fisheries,
Foreign Affairs, and Public Works and Transportation.
By Mr. SUNDQUIST:
H.R. 4641. A bill to restore the previous tariff treatment
accorded to hand-cast string-drawn fishing nets; to the
Committee on Ways and Means.
By Mr. FOGLIETTA:
H.R. 4642. A bill to provide for the restoration of
Washington Square in Philadelphia and for its inclusion
within Independence National Historical Park, and for other
purposes; to the Committee on Natural Resources.
By Mr. RICHARDSON (for himself, Mr. Fields of Texas,
Mr. Bryant, and Mr. Grams):
H.R. 4643. A bill to amend the Solid Waste Disposal Act to
provide and clarify the authority for certain municipal solid
waste flow control arrangements; to the Committee on Energy
and Commerce.
By Ms. SNOWE:
H.R. 4644. A bill to amend the Defense Economic Adjustment,
Diversification, Conversion, and Stabilization Act of 1990 to
give priority in the provision of community economic
adjustment assistance to those communities most seriously
affected by reductions in defense spending, the completion,
cancellation, or termination of defense contracts, or the
closure or realignment of military installations; jointly, to
the Committees on Banking, Finance and Urban Affairs; Public
Works and Transportation; Education and Labor; Armed
Services; and Small Business.
By Mr. HILLIARD:
H. Con. Res. 258. Concurrent resolution expressing the
sense of the U.S. Congress that the Citizen's Stamp Advisory
Committee of the U.S. Postal Service would recommend to the
Postmaster General that a postage stamp be issued honoring
America's first African-American professional nurse, Mary
Eliza Mahoney; to the Committee on Post Office and Civil
Service.
By Mr. HILLIARD (for himself, Mr. Bachus of Alabama,
Mr. Bevill, Mr. Browder, Mr. Callahan, Mr. Cramer,
and Mr. Everett):
H. Con. Res. 259. Concurrent resolution expressing the
sense of the U.S. Congress that the Citizen's Stamp Advisory
Committee of the U.S. Postal Service should recommend to the
Postmaster General that a postage stamp be issued honoring
coach Paul ``Bear'' Bryant; to the Committee on Post Office
and Civil Service.
By Mr. ZIMMER (for himself, Mr. Ehlers, Mr. Horn, Mr.
Boucher, Mr. Sanders, Ms. Furse, Mr. Sam Johnson, and
Mr. Conyers):
H. Res. 463. Resolution requiring that LEGIS and TLS
information be made available to the public on the Internet;
to the Committee on Rules.
By Mr. DINGELL (for himself, Mr. Waxman, Mr. Moorhead,
and Mr. Bliley):
H. Res. 464. Resolution designating July 12, 1994, as
``Public Health Awareness Day''; to the Committee on Post
Office and Civil Service.
Para. 68.32 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 84: Mr. Browder.
H.R. 417: Mr. Duncan and Mr. Jacobs.
H.R. 647: Mr. Nadler.
H.R. 672: Mr. Diaz-Balart.
H.R. 795: Mr. Sanders, Mr. Ballenger, Mr. Cooper, Mr.
Traficant, Mr. Rangel, Mr. Applegate, Mr. Derrick, Mr. Vento,
Mr. Spratt, Mrs. Thurman, and Mr. Santorum.
H.R. 1080: Mr. Frost.
H.R. 1737: Ms. Margolies-Mezvinsky.
H.R. 1801: Mr. Ehlers.
H.R. 1955: Mr. Shays.
H.R. 2019: Mr. Yates.
H.R. 2418: Mr. Sawyer and Mr. Bishop.
H.R. 2586: Mr. Skeen.
H.R. 3039: Mr. Fields of Louisiana, Mr. Solomon, Mr.
Jacobs, Mr. Murphy, Mr. Franks of Connecticut, and Mr. Paxon.
H.R. 3407: Mr. Upton and Mrs. Meek of Florida.
H.R. 3486: Mr. Torkildsen, Mr. Kolbe, and Mr. Emerson.
H.R. 3492: Mr. Boehlert, Mr. LaFalce, Mr. Livingston, Mr.
Wilson, Mr. Flake, Mr. Baesler, Mr. Kasich, Mr. Clement, Mr.
McNulty, Mrs. Bentley, Mr. de Lugo, Mr. Fazio, Mr. Foglietta,
Mrs. Fowler, Mr. Gingrich, Mr. Stump, Mr. Johnson of South
Dakota, Mr. Houghton, Ms. Velazquez, Ms.
[[Page 1152]]
Lowey, Mr. Canady, Mrs. Lloyd, Mr. Emerson, Mr. Hastings, Mr.
McCloskey, Mr. Mazzoli, Mr. Oberstar, Mr. Murphy, Mr. Neal of
Massachusetts, Mr. Kleczka, Mr. DeFazio, Mr. Quinn, Mr.
Borski, Mr. Bevill, Mr. Hefner, Mr. Dornan, Mr. Hall of
Texas, Mrs. Morella, Mr. Ravenel, Mr. Richardson, Mr. Johnson
of Georgia, Mr. Hutchinson, Mr. Klein, Ms. Brown of Florida,
Mr. Bereuter, Mr. Sam Johnson, Mr. Engel, Mr. Inhofe, Mr.
Torricelli, Mrs. Maloney, Mr. Hansen, Mr. Peterson of
Florida, Mr. Young of Alaska, and Mr. Jefferson.
H.R. 3546: Mr. Coleman.
H.R. 3634: Ms. Slaughter.
H.R. 3694: Mr. Kyl, Mr. Dixon, Mr. Hayes, Mr. Stenholm, Ms.
Snowe, Mr. Oberstar, Mrs. Unsoeld, Ms. Schenk, Mrs. Thurman,
and Ms. Furse.
H.R. 3731: Mr. Frost, Mr. Rangel, Mr. Jefferson, Mr. Walsh,
Mr. Young of Alaska, Mr. Mineta, and Mr. Sanders.
H.R. 3875: Mr. Lehman, Mr. Lewis of Kentucky, and Mr.
Lucas.
H.R. 3978: Mr. Calvert.
H.R. 4028: Mr. Fingerhut and Mr. Rowland.
H.R. 4056: Mr. Combest, Mr. Kyl, Mr. Duncan, Mr. Baker of
Louisiana, Mr. Weldon, Mr. Manzullo, Mr. McCurdy, and Ms.
Furse.
H.R. 4251: Mr. Fish and Mr. Rose.
H.R. 4257: Mr. Fish.
H.R. 4271: Mr. Smith of New Jersey.
H.R. 4353: Mr. Barrett of Wisconsin.
H.R. 4354: Mr. Hughes and Mr. Parker.
H.R. 4371: Ms. Snowe and Mr. Kasich.
H.R. 4386: Mr. Neal of North Carolina, Mr. Diaz-Balart, Mr.
Barrett of Wisconsin, and Mr. Levy.
H.R. 4400: Mr. Fish.
H.R. 4402: Mr. Faleomavaega, Mr. Lipinski, Mr. Edwards of
California, Ms. Pelosi, and Ms. Shepherd.
H.R. 4413: Mr. Abercrombie.
H.R. 4478: Mr. Vento, Mr. Torres, and Mr. Kolbe.
H.R. 4479: Mr. Vento, Mr. Torres, and Mr. Kolbe.
H.R. 4514: Mr. Neal of Massachusetts and Mr. Blackwell.
H.R. 4517: Mr. Farr and Mr. Frost.
H.R. 4519: Mr. Levy.
H.R. 4527: Mr. Montgomery.
H.R. 4589: Mr. Smith of New Jersey.
H.R. 4623: Mr. Brown of Ohio.
H.J. Res. 44: Mr. Ballenger.
H.J. Res. 311: Mr. Andrews of New Jersey, Mr. Cooper, Mrs.
Kennelly, Mr. McCandless, Mr. Shaw, and Mrs. Unsoeld.
H.J. Res. 343: Ms. Furse and Mr. Hutchinson.
H.J. Res. 378: Mr. Kildee, Mr. Frost, Mr. Young of Florida,
Mr. Dellums, Mr. Myers of Indiana, Mr. Dingell, and Mr.
Towns.
H. Con. Res. 5: Mr. Torricelli.
H. Con. Res. 15: Mr. Orton.
H. Con. Res. 150: Mrs. Vucanovich.
H. Con. Res. 255: Mr. Yates, Mr. McHale, and Mr.
Richardson.
H. Res. 446: Mr. Allard and Ms. Molinari.
H. Res. 460: Mr. Brown of Ohio.
.
FRIDAY, JUNE 24, 1994 (69)
Para. 69.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
MONTGOMERY, who laid before the House the following communication:
Washington, DC,
June 24, 1994.
I hereby designate the Honorable G.V. (Sonny) Montgomery to
act as Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Para. 69.2 approval of the journal
The SPEAKER pro tempore, Mr. MONTGOMERY, announced he had examined and
approved the Journal of the proceedings of Thursday, June 23, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 69.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3419. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting the June 1994
semi-annual report on the tied aid credits, pursuant to
Public Law 99-472, section 19 (100 Stat. 1207); to the
Committee on Banking, Finance and Urban Affairs.
3420. A letter from the Assistant Secretary for Vocational
and Adult Education, Department of Education, transmitting
notice of final priority--Cooperative Demonstration Program
(Manufacturing Technologies), pursuant to 20 U.S.C.
1232(d)(1); to the Committee on Education and Labor.
3421. A letter from the Secretary of Transportation,
transmitting the semiannual report of the inspector general
for the period October 1, 1993, through March 31, 1994, and
management report, pursuant to Public Law 95-452, section
5(b) (102 Stat. 2526); to the Committee on Government
Operations.
3422. A letter from the Public Printer, U.S. Government
Printing Office, transmitting the Office's management report
for the 6-month period ending March 31, 1994, pursuant to
Public Law 101-576, section 306(a) (104 Stat. 2854); to the
Committee on Government Operations.
3423. A letter from the Chairman, Federal Election
Commission, transmitting proposed regulations governing
nominating conventions, pursuant to 2 U.S.C. 438(d); to the
Committee on House Administration.
3424. A letter from the Assistant Secretary of the Interior
for Indian Affairs, transmitting a proposed plan for the use
of the Pueblo of Nambe's judgment funds in Docket 358, before
the U.S. Court of Federal Claims, pursuant to 25 U.S.C.
1402(a), 1404; to the Committee on Natural Resources.
3425. A letter from the Secretary of Commerce, transmitting
the Department's report regarding bluefin tuna for the
periods 1987-1988, 1989-1990, and 1991-1992, pursuant to 16
U.S.C. 971i; to the Committee on Merchant Marine and
Fisheries.
3426. A letter from the Chairman, Competitiveness Policy
Council, transmitting the Council's third report to the
President and the Congress on the current state of U.S.
competitiveness and recommendations for needed policy
changes, pursuant to 15 U.S.C. 4803; jointly, to the
Committees on Ways and Means; Energy and Commerce; Education
and Labor; Science, Space, and Technology; and Banking,
Finance and Urban Affairs.
Para. 69.4 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate has passed with amendments in which the concurrence of
the House is requested, a bill of the House of the following title:
H.R. 4539. An Act making appropriations for the Treasury
Department, the United States Postal Service, the Executive
Office of the President, and certain Independent Agencies,
for the fiscal year ending September 30, 1995, and for other
purposes.
The message also announced that the Senate insisted upon its
amendments to the bill (H.R. 4539) ``An Act making appropriations for
the Treasury Department, the United States Postal Service, the Executive
Office of the President, and certain Independent Agencies, for the
fiscal year ending September 30, 1995, and for other purposes''
requested a conference with the House on the disagreeing votes of the
two Houses thereon, and appointed Mr. DeConcini, Ms. Mikulski, Mr.
Kerrey, Mr. Byrd, Mr. Bond, Mr. D'Amato, and Mr. Hatfield, to be the
conferees on the part of the Senate.
Para. 69.5 commerce, justice, state, judiciary appropriations
Mr. MOLLOHAN moved that the House resolve itself into the Committee of
the Whole House on the state of the Union for the further consideration
of the bill (H.R. 4603) making appropriations for the Departments of
Commmerce, Justice, and State, the Judiciary, and related agencies
programs for the fiscal year ending September 30, 1995, and making
supplemental appropriations for the departments and agencies for fiscal
year ending September 30, 1994, and for other purposes.
The question being put, viva voce,
Will the House resolve itself into the Committee?
The SPEAKER pro tempore, Mr. MURTHA, announced that the yeas had it.
So the motion was agreed to.
Accordingly,
The House resolved itself into the Committee of the Whole House on the
state of the Union for the further consideration of said bill.
The Acting Chairman, Mr. MONTGOMERY, assumed the Chair; and after some
time spent therein,
Para. 69.6 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. SMITH of Texas:
Page 7, line 26, strike ``$119,904,000'' and insert
``$118,979,000''.
It was decided in the
Yeas
171
<3-line {>
negative
Nays
212
Para. 69.7 [Roll No. 275]
AYES--171
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Bateman
Bereuter
Bilirakis
Bliley
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cantwell
Castle
Clinger
Coble
Collins (GA)
Combest
Cooper
Cox
Crapo
Cunningham
DeFazio
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fingerhut
Fowler
Franks (NJ)
Gallo
Geren
Gilchrest
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grandy
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
[[Page 1153]]
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Inslee
Istook
Johnson, Sam
Kanjorski
Kim
King
Kingston
Klein
Klug
Knollenberg
Kreidler
Kyl
Lazio
Leach
Levy
Lewis (FL)
Lewis (KY)
Linder
Livingston
Lucas
Manzullo
Margolies-Mezvinsky
McCandless
McHugh
McInnis
McKeon
McMillan
Menendez
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Morella
Nussle
Orton
Oxley
Packard
Paxon
Petri
Pombo
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Sarpalius
Saxton
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Strickland
Stump
Sundquist
Swett
Talent
Tauzin
Taylor (NC)
Thomas (CA)
Thomas (WY)
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (FL)
Zeliff
Zimmer
NOES--212
Abercrombie
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bevill
Bilbray
Bishop
Blute
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cardin
Carr
Clement
Clyburn
Coleman
Collins (IL)
Condit
Conyers
Coppersmith
Coyne
Cramer
Danner
Darden
Deal
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fish
Flake
Foglietta
Frank (MA)
Frost
Furse
Gejdenson
Gekas
Gibbons
Gillmor
Glickman
Gonzalez
Gordon
Hamburg
Hastings
Hayes
Hefner
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klink
Kolbe
Kopetski
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lehman
Levin
Lewis (CA)
Lightfoot
Long
Lowey
Mann
Manton
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDade
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Mfume
Michel
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Myers
Neal (MA)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rogers
Romero-Barcelo (PR)
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schroeder
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Spratt
Stark
Studds
Stupak
Swift
Synar
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Traficant
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Yates
NOT VOTING--56
Ackerman
Andrews (ME)
Barton
Bentley
Berman
Blackwell
Chapman
Clay
Clayton
Collins (MI)
Costello
Crane
de la Garza
de Lugo (VI)
Dingell
Engel
Faleomavaega (AS)
Ford (MI)
Ford (TN)
Franks (CT)
Gallegly
Gephardt
Grams
Green
Gutierrez
Harman
Hilliard
Kasich
Laughlin
Lewis (GA)
Lipinski
Lloyd
Machtley
Maloney
McCollum
McCrery
McCurdy
Nadler
Neal (NC)
Owens
Porter
Ridge
Schaefer
Schumer
Slattery
Smith (OR)
Stokes
Taylor (MS)
Torkildsen
Towns
Tucker
Washington
Waxman
Wheat
Wynn
Young (AK)
So the amendment was not agreed to.
After some further time,
Para. 69.8 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. SCHIFF:
Page 12, line 6, strike ``$75,655,000'' and insert
``$70,157,850''.
It was decided in the
Yeas
160
<3-line {>
negative
Nays
241
Para. 69.9 [Roll No. 276]
AYES--160
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barca
Barrett (NE)
Bartlett
Barton
Bilbray
Bliley
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Camp
Canady
Castle
Coble
Collins (GA)
Combest
Condit
Cooper
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fingerhut
Fowler
Gallo
Gekas
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Gordon
Goss
Grandy
Greenwood
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
LaFalce
Lazio
Levy
Lewis (KY)
Linder
Livingston
Lucas
Manzullo
McCandless
McCrery
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (CA)
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Orton
Oxley
Packard
Paxon
Peterson (MN)
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Spence
Stearns
Stump
Sundquist
Swett
Talent
Thomas (CA)
Thomas (WY)
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--241
Abercrombie
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barcia
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Bereuter
Bevill
Bilirakis
Bishop
Blackwell
Blute
Bonior
Borski
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Conyers
Coppersmith
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Fields (TX)
Filner
Fish
Flake
Foglietta
Ford (TN)
Frank (MA)
Franks (NJ)
Frost
Furse
Gejdenson
Geren
Gibbons
Gilman
Glickman
Gonzalez
Green
Gunderson
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Leach
Lehman
Levin
Lewis (CA)
Lightfoot
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDade
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Richardson
Roemer
Rogers
Romero-Barcelo (PR)
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Strickland
Studds
Stupak
Swift
Synar
Tanner
Tauzin
Taylor (NC)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Traficant
Tucker
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--38
Ackerman
Bentley
Berman
Boucher
Calvert
Clay
Collins (MI)
Costello
Dingell
Faleomavaega (AS)
Ford (MI)
Franks (CT)
Gallegly
Gephardt
Grams
Gutierrez
Hilliard
Lewis (FL)
Lewis (GA)
Lipinski
Lloyd
Machtley
McCollum
McCurdy
Reynolds
Ridge
Schaefer
Schumer
Slattery
Smith (OR)
Solomon
Stokes
Taylor (MS)
Torkildsen
Towns
Washington
Waxman
Wheat
[[Page 1154]]
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. RICHARDSON, assumed the Chair.
When Mr. BROWN, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
Para. 69.10 permission to file report
On motion of Mr. DIXON, by unanimous consent, the Committee on
Appropriations was granted permission until midnight tonight to file a
privileged report (Rept. No. 103-558) on the bill (H.R. 4649) making
appropriations for the government of the District of Columbia and other
activities chargable in whole or in part against the revenues of said
District for the fiscal year ending September 30, 1995, and for other
purposes.
Mr. WALSH reserved all points of order against said bill.
Para. 69.11 commerce, justice, state, judiciary appropriations
Mr. MOLLOHAN moved that the House resolve itself into the Committee of
the Whole House on the state of the Union for the further consideration
of the bill (H.R. 4603) making appropriations for the Departments of
Commmerce, Justice, and State, the Judiciary, and related agencies
programs for the fiscal year ending September 30, 1995, and making
supplemental appropriations for the departments and agencies for fiscal
year ending September 30, 1994, and for other purposes.
The question being put, viva voce,
Will the House resolve itself into the Committee?
The SPEAKER pro tempore, Mr. RICHARDSON, announced that the yeas had
it.
So the motion was agreed to.
Accordingly,
The House resolved itself into the Committee of the Whole House on the
state of the Union for the further consideration of said bill.
Mr. BROWN, Chairman of the Committee of the Whole, resumed the chair;
and after some time spent therein,
Para. 69.12 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. FIELDS of Texas:
Page 39, line 24, strike ``$1,792,978,000'' and insert
``$1,785,978,000''.
Page 40, line 10, strike ``$1,751,978,000'' and insert
``$1,744,978,000''.
It was decided in the
Yeas
190
<3-line {>
negative
Nays
192
Para. 69.13 [Roll No. 277]
AYES--190
Allard
Andrews (NJ)
Applegate
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Brewster
Bunning
Burton
Byrne
Callahan
Camp
Canady
Castle
Chapman
Clinger
Coble
Collins (GA)
Combest
Condit
Coppersmith
Cox
Crane
Crapo
Cunningham
DeLay
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (NJ)
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grandy
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Holden
Horn
Huffington
Hunter
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kyl
Lambert
Laughlin
Lazio
Leach
Lehman
Levy
Lewis (CA)
Lewis (KY)
Linder
Livingston
Lucas
Mann
Manzullo
Margolies-Mezvinsky
McCandless
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mfume
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Morella
Myers
Neal (NC)
Nussle
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Penny
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Pryce (OH)
Quinn
Ramstad
Regula
Roberts
Roemer
Rogers
Rohrabacher
Roth
Santorum
Saxton
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Spence
Spratt
Stearns
Stenholm
Stump
Swett
Talent
Tauzin
Taylor (NC)
Thomas (CA)
Thomas (WY)
Thurman
Torkildsen
Traficant
Upton
Volkmer
Vucanovich
Walsh
Wolf
Young (AK)
Young (FL)
Zimmer
NOES--192
Abercrombie
Andrews (ME)
Andrews (TX)
Bacchus (FL)
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Cantwell
Cardin
Carr
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Conyers
Cooper
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dixon
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Foglietta
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gibbons
Gilman
Glickman
Gonzalez
Gordon
Green
Hamburg
Hastings
Hefner
Hinchey
Hoagland
Hochbrueckner
Houghton
Hoyer
Hughes
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Kopetski
Kreidler
LaFalce
Lancaster
Lantos
LaRocco
Levin
Long
Lowey
Maloney
Manton
Markey
Martinez
Mazzoli
McCloskey
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Moran
Murphy
Murtha
Nadler
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Pickle
Poshard
Price (NC)
Rangel
Ravenel
Reed
Richardson
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Scott
Serrano
Sharp
Shepherd
Skaggs
Slaughter
Smith (IA)
Stark
Strickland
Studds
Stupak
Swift
Synar
Tanner
Tejeda
Thompson
Thornton
Torres
Torricelli
Tucker
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Walker
Watt
Weldon
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--57
Ackerman
Berman
Boucher
Buyer
Calvert
Clay
Collins (MI)
Costello
Deal
Dingell
Ehlers
Faleomavaega (AS)
Flake
Ford (MI)
Franks (CT)
Gallegly
Gephardt
Grams
Gutierrez
Hall (OH)
Hilliard
Hutchinson
Jacobs
Klink
Kolbe
Lewis (FL)
Lewis (GA)
Lightfoot
Lipinski
Lloyd
Machtley
Matsui
McCollum
McCurdy
Mica
Michel
Norton (DC)
Quillen
Rahall
Reynolds
Ridge
Roukema
Royce
Schaefer
Schumer
Slattery
Smith (OR)
Solomon
Stokes
Sundquist
Taylor (MS)
Towns
Washington
Waters
Waxman
Wheat
Zeliff
So the amendment was not agreed to.
The SPEAKER pro tempore, Mr. HUTTO, assumed the Chair.
When Mr. BROWN of California, Chairman, pursuant to clause 2(d) of
rule XXIII, reported that on a recorded vote in the Committee of the
Whole House on the state of the Union on an amendment to H.R. 4603, the
votes of the Delegates and of the Resident Commissioner from Puerto Rico
were decisive.
The Clerk then read the amendment, as follows:
Page 39, line 24, strike ``$1,792,978,000'' and insert
``$1,785,978,000''.
Page 40, line 10, strike ``$1,751,978,000'' and insert
``$1,744,978,000''.
The SPEAKER pro tempore, Mr. HUTTO, pursuant to clause 2(d) of rule
XXIII, put the question de novo,
The question being put, viva voce,
Will the House agree to said amendment?
The SPEAKER pro tempore, Mr. HUTTO, announced that the nays had it.
Mr. FIELDS of Texas demanded a recorded vote on agreeing to said
amendment, which demand was supported by one-fifth of a quorum, so a
recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
184
<3-line {>
negative
Nays
184
Para. 69.14 [Roll No. 278]
AYES--184
Allard
Andrews (NJ)
Applegate
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Barca
Barrett (NE)
Bartlett
Barton
[[Page 1155]]
Bateman
Bentley
Bereuter
Bliley
Blute
Boehlert
Boehner
Bonilla
Brewster
Bunning
Burton
Byrne
Callahan
Camp
Canady
Castle
Chapman
Clinger
Coble
Collins (GA)
Combest
Condit
Coppersmith
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (NJ)
Gallo
Geren
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grandy
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Holden
Horn
Huffington
Hunter
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kyl
Laughlin
Lazio
Leach
Lehman
Levy
Lewis (CA)
Lewis (KY)
Linder
Livingston
Lucas
Mann
Manzullo
Margolies-Mezvinsky
McCandless
McCrery
McDade
McHugh
McInnis
McKeon
Meyers
Mfume
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Morella
Myers
Neal (NC)
Nussle
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Penny
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Pryce (OH)
Quinn
Ramstad
Ravenel
Regula
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Saxton
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Stenholm
Stump
Swett
Talent
Tauzin
Taylor (NC)
Thomas (CA)
Thomas (WY)
Thurman
Torkildsen
Traficant
Upton
Vucanovich
Walsh
Wolf
Young (AK)
Zimmer
NOES--184
Abercrombie
Andrews (ME)
Andrews (TX)
Bacchus (FL)
Baesler
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Brooks
Browder
Brown (CA)
Brown (OH)
Bryant
Cantwell
Cardin
Carr
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Conyers
Cooper
Coyne
Cramer
Danner
Darden
de la Garza
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dixon
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (TN)
Frank (MA)
Furse
Gejdenson
Gekas
Gibbons
Gilman
Glickman
Gonzalez
Gordon
Green
Hall (OH)
Hamburg
Hefner
Hinchey
Hoagland
Hochbrueckner
Houghton
Hughes
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Kopetski
Kreidler
LaFalce
Lancaster
Lantos
LaRocco
Levin
Long
Lowey
Maloney
Manton
Markey
Martinez
Mazzoli
McCloskey
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Moran
Murphy
Murtha
Nadler
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Pickle
Poshard
Price (NC)
Rangel
Reed
Richardson
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Scott
Serrano
Sharp
Shepherd
Skaggs
Slaughter
Smith (IA)
Spratt
Stark
Strickland
Studds
Stupak
Swift
Synar
Tanner
Tejeda
Thompson
Torres
Torricelli
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Walker
Waters
Watt
Whitten
Williams
Wilson
Wise
Wyden
Wynn
Yates
NOT VOTING--66
Ackerman
Ballenger
Berman
Bilirakis
Boucher
Brown (FL)
Buyer
Calvert
Clay
Collins (MI)
Costello
Deal
Dingell
Ehlers
Ford (MI)
Franks (CT)
Frost
Gallegly
Gephardt
Grams
Gutierrez
Hastings
Hilliard
Hoyer
Hutchinson
Jacobs
Klink
Kolbe
Lambert
Lewis (FL)
Lewis (GA)
Lightfoot
Lipinski
Lloyd
Machtley
Matsui
McCollum
McCurdy
McMillan
Mica
Michel
Owens
Quillen
Rahall
Reynolds
Ridge
Roukema
Schaefer
Schumer
Slattery
Smith (OR)
Solomon
Spence
Stearns
Stokes
Sundquist
Taylor (MS)
Thornton
Towns
Washington
Waxman
Weldon
Wheat
Woolsey
Young (FL)
Zeliff
So the amendment was not agreed to.
The SPEAKER pro tempore, Mr. HOYER, pursuant to clause 2(d) of rule
XXIII, declared the House resolved into the Committee of the Whole House
on the state of the Union for the further consideration, of the bill
(H.R. 4603) making appropriations for the Departments of Commmerce,
Justice, and State, the Judiciary, and related agencies programs for the
fiscal year ending September 30, 1995, and making supplemental
appropriations for the departments and agencies for fiscal year ending
September 30, 1994, and for other purposes.
Mr. BROWN of California, Chairman of the Committee of the Whole,
resumed the chair; and after some time spent therein,
The SPEAKER pro tempore, Mr. TORRES, assumed the Chair.
When Mr. BROWN of California, Chairman, reported that the Committee,
having had under consideration said bill, had come to no resolution
thereon.
Para. 69.15 permission to file report
On motion of Mr. MARKEY, by unanimous consent, the Committee on Energy
and Commerce was granted permission until midnight tonight to file a
report (Rept. No. 103-560) on the bill (H.R. 3636) to promote a
national communications infrastructure to encourage deployment of
advanced communications services through competition, and for other
purposes;
Para. 69.16 permission to file report
On motion of Mr. MARKEY, by unanimous consent, the Committee on Energy
and Commerce was granted permission until midnight tonight to file a
report (Rept. No. 103-559, Pt. I) on the bill (H.R. 3626) to supersede
the modification of final judgment entered August 24, 1982, in the
antitrust action styled U.S. versus Western Electric, Civil Action No.
82-01982, U.S. District Court for the District of Columbia; to amend the
Communications Act of 1934 to regulate the manufacturing of Bell
operating companies, and for other purposes;
Para. 69.17 permission to file report
On motion of Mr. BROOKS, by unanimous consent, the Committee on
Judiciary was granted permission until 6 p.m. today to file a report
(Rept. No. 103-525, Pt. II) on the bill of the Senate (S. 1458) to
amend the Federal Aviation Act of 1958 to establish time limitations on
certain civil actions against aircraft manufacturers, and for other
purposes;
Para. 69.18 permission to file report
On motion of Mr. BROOKS, by unanimous consent, the Committee on
Judiciary was granted permission until midnight tonight to file a report
(Rept. No. 103-559, Pt. II) on the bill (H.R. 3626) to supersede the
modification of final judgment entered August 24, 1982, in the antitrust
action styled U.S. versus Western Electric, Civil Action No. 82-0192,
U.S. District Court for the District of Columbia; to amend the
Communications Act of 1934 to regulate the manufacturing of Bell
operating companies, and for other purposes;
Para. 69.19 subpoena
The SPEAKER pro tempore, Mr. PENNY, laid before the House a
communication, which was read as follows:
House of Representatives,
Washington, DC, June 23, 1994.
Hon. Thomas S. Foley,
Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker, This is to inform you pursuant to Rule L
(50) of the Rules of the House that an employee in my office
has been served with a subpoena issued by the United States
District Court for the Eastern District of Virginia.
After consultation with the General Counsel, it was
determined that compliance was consistent with the privileges
and precedents of the House.
Sincerely,
Tom DeLay,
Member of Congress.
Para. 69.20 adjournment over
On motion of Mr. BONIOR, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 12
o'clock noon on Monday, June 27, 1994.
Para. 69.21 calendar wednesday business dispensed with
On motion of Mr. BONIOR, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, June
29, 1994, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
[[Page 1156]]
Para. 69.22 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. JACOBS, for today after 12:15 p.m.;
To Mr. DEAL, for today after 12:30 p.m.; and
To Ms. WATERS, for today after 12 noon.
And then,
Para. 69.23 adjournment
On motion of Mrs. BENTLEY, pursuant to the special order heretofore
agreed to, at 2 o'clock and 9 minutes p.m., the House adjourned until 12
o'clock noon on Monday, June 27, 1994.
Para. 69.24 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. BROOKS: Committee on the Judiciary. S. 1458. An Act to
amend the Federal Aviation Act of 1958 to establish time
limitations on certain civil actions against aircraft
manufacturers, and for other purposes; with an amendment
(Rept. No. 103-525, Pt. 2). Referred to the Committee of the
Whole House on the State of the Union.
Mr. de la GARZA: Committee on Agriculture. H.R. 8. A bill
to amend the Child Nutrition Act of 1966 and the National
School Lunch Act to extend certain authorities contained in
such Acts through the fiscal year 1998; with amendments
(Rept. No. 103-535, Pt. 2). Referred to the Committee of the
Whole House on the State of the Union.
Mr. DIXON: Committee on Appropriations. H.R. 4649. A bill
making appropriations for the government of the District of
Columbia and other activities chargeable in whole or in part
against the revenues of said District for the fiscal year
ending September 30, 1995, and for other purposes (Rept. No.
103-558). Referred to the Committee of the Whole House on the
State of the Union.
Mr. DINGELL: Committee on Energy and Commerce. H.R. 3626. A
bill to supersede the modification of final judgment entered
August 24, 1982, in the antitrust action styled U.S. versus
Western Electric, Civil Action No. 82-01982, U.S. District
Court for the District of Columbia; to amend the
Communications Act of 1934 to regulate the manufacturing of
Bell operating companies, and for other purposes; with an
amendment (Rept. No. 103-559, Pt. 1). Referred to the
Committee of the Whole House on the State of the Union.
Mr. BROOKS: Committee on the Judiciary. H.R. 3626. A bill
to supersede the modification of final judgment entered
August 24, 1982, in the antitrust action styled U.S. versus
Western Electric, Civil Action No. 82-0192, U.S. District
Court for the District of Columbia; to amend the
Communications Act of 1934 to regulate the manufacturing of
Bell operating companies, and for other purposes; with
amendments (Rept. No. 103-559, Pt. 2). Referred to the
Committee of the Whole House on the State of the Union.
Mr. DINGELL: Committee on Energy and Commerce. H.R. 3636. A
bill to promote a national communications infrastructure to
encourage deployment of advanced communications services
through competition, and for other purposes; with an
amendment (Rept. No. 103-560). Referred to the Committee of
the Whole House on the State of the Union.
Para. 69.25 subsequent action on a reported bill sequentially referred
Under clause 5 of rule X the following action was taken by the
Speaker:
The Committees on Armed Services and the Judiciary
discharged from further consideration of H.R. 4299; H.R. 4299
referred to the Committee of the Whole House on the State of
the Union.
Para. 69.26 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BOUCHER (for himself, Mr. Sharp, Mr. Markey, and
Mr. Dingell):
H.R. 4645. A bill to amend the Federal Power Act to
authorize the Federal Energy Regulatory Commission to
disallow recovery of certain costs incurred by public
utilities pursuant to transactions authorized under section
13(b) of the Public Utility Holding Company Act of 1935, and
for other purposes; to the Committee on Energy and Commerce.
By Mr. DEAL (for himself, Mr. Johnson of Georgia, Mr.
Gene Green of Texas, Mr. Parker, and Mr. Sanders):
H.R. 4646. A bill to amend title XIX of the Social Security
Act to make optional the requirement that a State seek
adjustment or recovery from an individual's estate of any
medical assistance correctly paid on behalf of the individual
under the State plan under such title, and to raise the
minimum age of the individuals against whose estates the
State is permitted to seek such adjustment or recovery; to
the Committee on Energy and Commerce.
By Ms. SCHENK:
H.R. 4647. A bill to direct the Secretary of the Interior
to convey to the city of Imperial Beach, CA, approximately 1
acre of land in the Tijuana Slough National Wildlife Refuge;
to the Committee on Merchant Marine and Fisheries.
By Mr. VENTO:
H.R. 4648. A bill to amend the Internal Revenue Code of
1986 to provide an exclusion from gross income for that
portion of a governmental pension received by an individual
which does not exceed the maximum benefits payable under
title II of the Social Security Act which could have been
excluded from income for the taxable year; to the Committee
on Ways and Means.
By Mr. BEREUTER:
H. Con. Res. 260. Concurrent resolution calling for the
United States to propose and seek an international
conservatorship in Haiti; to the Committee on Foreign
Affairs.
By Mr. HALL of Texas (for himself, Mr. Cramer, Mr. Sam
Johnson, Mr. Bacchus of Florida, Mr. Deal, Mr.
Boehlert, Mr. Boucher, and Mr. Tanner):
H. Con. Res. 261. Concurrent resolution to honor the U.S.
astronauts who flew in space as part of the program of the
National Aeronautics and Space Administration to reach and
explore the Moon; to the Committee on Science, Space, and
Technology.
Para. 69.27 memorials
Under clause 4 of rule XXII,
432. The SPEAKER presented a memorial of the Legislature of
the State of Missouri, relative to unfunded Federal mandates;
which was referred, jointly, to the Committees on Government
Operations and the Judiciary.
Para. 69.28 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 65: Mr. Menendez, Ms. English of Arizona, and Mr.
Gekas.
H.R. 291: Mr. Thomas of Wyoming, Mrs. Lloyd, Mr. Applegate,
Mr. Weldon, Ms. DeLauro, Mr. Stenholm, and Mr. Jacobs.
H.R. 1277: Mr. Knollenberg.
H.R. 1500: Ms. Velazquez.
H.R. 1532: Mr. Schaefer and Mr. Allard.
H.R. 1671: Mr. Gonzalez Mr. Applegate and Ms. Eshoo.
H.R. 1900: Mr. Kennedy.
H.R. 2229: Ms. Eddie Bernice Johnson of Texas, Mr. Owens,
Mr. Frank of Massachusetts, Mr. Martinez, Mr. Olver, Mr.
Lewis of Georgia, Mrs. Mink of Hawaii, Mr. Foglietta, Mr.
Hochbrueckner, Mr. DeFazio, Mr. Flake, Mr. Towns, Mr.
Abercrombie, and Mr. Dellums.
H.R. 2420: Mrs. Unsoeld.
H.R. 2443: Mr. Kyl, Ms. English of Arizona, and Mr.
Hilliard.
H.R. 2672: Mr. Williams.
H.R. 3472: Mr. Johnston of Florida.
H.R. 3507: Mr. Brewster, Mr. Spence, and Mr. Clyburn.
H.R. 3523: Mrs. Roukema.
H.R. 3594: Mr. Zeliff.
H.R. 3626: Mr. Fish, Mr. Moorhead, Mr. Markey, and Mr.
Fields of Texas.
H.R. 3835: Mr. Crane and Mr. Orton.
H.R. 3913: Mrs. Meyers of Kansas.
H.R. 3940: Mrs. Meyers of Kansas and Mr. Solomon.
H.R. 3967: Mr. Franks of Connecticut, Mr. Zeliff, and Mr.
Franks of New Jersey.
H.R. 3990: Mrs. Byrne, Mrs. Clayton, Ms. Lowey, and Mr.
Royce.
H.R. 4068: Mr. Herger and Mr. Dooley.
H.R. 4069: Ms. Velazquez, Mr. Bryant, Mr. Frost, Mr.
Dellums, and Mr. Hilliard.
H.R. 4070: Ms. Velazquez, Mr. Bryant, Mr. Frost, Mr.
Dellums, and Mr. Hilliard.
H.R. 4071: Ms. Velazquez, Mr. Bryant, and Mr. Dellums.
H.R. 4188: Mr. Kopetski, Mr. Rahall, and Mr. Leach.
H.R. 4195: Mr. Coleman.
H.R. 4198: Mr. Armey, Mr. Archer, Mr. Saxton, and Mr.
DeLay.
H.R. 4315: Mr. Frost.
H.R. 4345: Mr. Canady, Mr. Abercrombie, and Mr. Oxley.
H.R. 4347: Mr. Sanders.
H.R. 4386: Mr. Gilman.
H.R. 4399: Mr. Moran.
H.R. 4404: Mr. Houghton, Mr. Dreier, Ms. Long, and Mr.
Machtley.
H.R. 4507: Mr. Owens.
H.R. 4517: Mr. Murphy.
H.R. 4527: Mrs. Roukema, Mr. Dickey, and Mr. Cramer.
H.R. 4565: Mr. Scott, Mr. Jacobs, and Mr. Andrews of New
Jersey.
H.R. 4582: Mr. Shays.
H.J. Res. 287: Mr. Gene Green of Texas, Mr. Wolf, Mr.
Bonior, Mr. Mollohan, Mr. Upton, Mr. Knollenberg, Mr. Fawell,
Mr. Martinez, Mr. LaFalce, Mr. Gordon, Mr. Kildee, Mr.
Pallone, and Mr. Grams.
H.J. Res. 326: Mr. Hall of Ohio and Mr. Martinez.
H.J. Res. 332: Mr. Pickle, Mr. Gingrich, and Mr. Hayes.
H.J. Res. 353: Mrs. Kennelly, Mr. Barcia of Michigan, Mr.
Torkildsen, Mr. Sangmeister, Mr. Fazio, Ms. Woolsey, Mr.
Stark, Mr. Dixon, Mr. Berman, Mr. Dreier, Mr. Torres, Mr.
Blackwell, Mr. Becerra, Mr. Hutto, Mr. Swett, Mr. Zeliff, Mr.
Laughlin, Mr. Sharp, Mr. Ford of Tennessee, Mr. Andrews of
New Jersey, Mr. Hochbrueckner, Mr. Moakley, Mr. Holden, Mr.
Conyers, Mr. Montgomery, Mr. Ewing,
[[Page 1157]]
Mr. Evans, Mr. Underwood, Mr. DeFazio, Mr. Gonzalez, Mr.
Murtha, Mr. Quillen, Mr. Rose, Mr. Deutsch, Mr. Hayes, Mr.
Lightfoot, Mr. Kleczka, Mr. Moorhead, Mr. Lewis of
California, Mr. Scott, Mr. Coyne, Mr. Murphy, Mr. Ford of
Michigan, Mr. Coble, Mr. Deal, Mr. Diaz-Balart, Mr. Fields of
Texas, Mr. Gilchrest, Mr. Hunter, Mr. Inhofe, Mr. Kim, Mr.
Kreidler, Mr. LaRocco, Mr. Machtley, Mrs. Maloney, Mr.
McInnis, Mr. Michel, Mr. Pombo, Mr. Ravenel, Miss Collins of
Michigan, Mr. Spence, Mr. Stump, Mr. Talent, Mr. Sam Johnson,
Mr. Kingston, Mr. Pastor, Mr. Payne of Virginia, Mr.
Slattery, Mr. Tauzin, Mr. Young of Alaska, Mr. McDermott, Mr.
Ridge, Mr. Orton, Mr. Obey, Mr. Clyburn, Mr. Doolittle, Mr.
Faleomavaega, Mr. Gallo, Mr. Reed, Mr. Rowland, Mr. Gallegly,
Mr. Spratt, Mr. Manton, Mr. Costello, Mr. Horn, Mr. Tucker,
Mr. Peterson of Florida, Mr. Johnson of Georgia, Mr.
Stenholm, Mr. Bereuter, Mr. Boehlert, and Mr. Porter.
H.J. Res. 378: Mr. Ballenger, Mr. Lightfoot, Mr. Moorhead,
Mr. Jacobs, Mr. Cramer, and Mr. Clement.
H. Con. Res. 84: Mr. Solomon and Mr. Barrett of Wisconsin.
H. Res. 451: Ms. Long, Mr. Cooper, Mr. Meehan, Mr. Barrett
of Wisconsin, Mr. Scott, Mr. Jacobs, and Mr. Andrews of New
Jersey.
.
MONDAY, JUNE 27, 1994 (70)
Para. 70.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
MONTGOMERY, who laid before the House the following communication:
Washington, DC,
June 27, 1994.
I hereby designate the Honorable G.V. (Sonny) Montgomery to
act as Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Para. 70.2 approval of the journal
The SPEAKER pro tempore, Mr. MONTGOMERY, announced he had examined and
approved the Journal of the proceedings of Friday, June 24, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 70.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3247. A letter from the Comptroller of the Department of
Defense, transmitting a report of a violation of the Anti-
Deficiency Act which occurred in the Department of the Army,
pursuant to 31 U.S.C. 1517(b); to the Committee on
Appropriations.
3428. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-258, ``1425 T
Street Co-op Association Equitable Real Property Tax and
Assessment Relief Act of 1994,'' pursuant to D.C. Code,
section 1-233(c)(1); to the Committee on the District of
Columbia.
3429. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-259,
``Parental Leave Act of 1994,'' pursuant to D.C. Code,
section 1-233(c)(1); to the Committee on the District of
Columbia.
3430. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-260, ``Pan-
Terra Associates Limited Partnership Equitable Real Property
Tax Relief Act of 1994,'' pursuant to D.C. Code, section 1-
233(c)(1); to the Committee on the District of Columbia.
3431. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-261,
``American Architectural Foundation Amendment Act of 1994,''
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on the District of Columbia.
3432. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-262,
``Hacker's License Requirements Amendment Act of 1984
Temporary Amendment Act of 1994,'' pursuant to D.C. Code,
section 1-233(c)(1); to the Committee on the District of
Columbia.
3433. A communication from the President of the United
States, transmitting a report on arms control treaty
compliance by the successor states to the Soviet Union and
other nations that are parties to arms control agreements
with the United States, as well as by the United States
itself, pursuant to 22 U.S.C. 2592; to the Committee on
Foreign Affairs.
3434. A letter from the National Council on Radiation
Protection and Measurements, transmitting the 1993 annual
report of independent auditors who have audited the records
of the National Council on Radiation Protection and
Measurements, pursuant to 36 U.S.C. 1103; to the Committee on
the Judiciary.
3435. A letter from the Administrator, Federal Aviation
Administration, transmitting the report of progress on
developing and certifying the Traffic Alert and Collision
Avoidance System [TCAS], pursuant to Public Law 100-223,
section 203(b) (101 Stat. 1518); jointly, to the Committees
on Public Works and Transportation and Science, Space, and
Technology.
Para. 70.4 general aviation liability limits
Mr. BROOKS moved to suspend the rules and pass the bill of the Senate
(S. 1458) to amend the Federal Aviation Act of 1958 to establish time
limitations on certain civil actions against airccraft manufacturers,
and for other purposes; as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. BROOKS and Mr.
FISH, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
Para. 70.5 export administration act temporary extension
Mr. HAMILTON moved to suspend the rules and pass the bill (H.R. 4635)
to extend the Export Administration Act of 1979.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. HAMILTON and
Mr. BEREUTER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 70.6 federal acquisition improvement
Mr. CONYERS moved to suspend the rules and pass the bill (H.R. 2238)
to amend laws relating to Federal procurement, to authorize functions
and activities under the Federal property and Administrative Services
Act of 1949, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. CONYERS and
Mr. CLINGER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
revise and streamline the acquisition laws of the Federal Government,
and for other purposes.''.
On motion of Mr. CONYERS, by unanimous consent, the bill of the Senate
(S. 1587) to revise and streamline the acquisition laws of the Federal
Government, and for other purposes; was taken from the Speaker's table.
When said bill was considered and read twice.
Mr. CONYERS submitted the following amendment which was agreed to:
Strike out all after the enacting clause and insert the provisions of
H.R. 2238, as passed by the House.
The bill, as amended, was ordered to be read a third time, was read a
third time by title, and passed.
A motion to reconsider the vote whereby said bill, as amended, was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
By unanimous consent, H.R. 2238, a similar House bill, was laid on the
table.
[[Page 1158]]
Para. 70.7 marian oldham post office
Miss COLLINS of Michigan, moved to suspend the rules and pass the bill
(H.R. 4595) to designate the building located at 4021 Laclede in St.
Louis, Missouri, for the period of time during which it houses
operations of the United States Postal Service, as the ``Marian Oldham
Post Office''.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Miss COLLINS of
Michigan and Mr. PETRI, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 70.8 john lawler, jr. post office
Miss COLLINS of Michigan, moved to suspend the rules and pass the bill
(H.R. 4596) to designate the building located at 2200 North Highway 67
in Florissant, Missouri, for the period of time during which it houses
operations of the United States Postal Service, as the ``John Lawler,
Jr. Post Office''.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Miss COLLINS of
Michigan and Mr. PETRI, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 70.9 postal inspection and inspector general
Miss COLLINS of Michigan moved to suspend the rules and pass the bill
(H.R. 4400) to amend title 39, United States Code, to prevent the use of
paid confidential informants by the United States Postal Service in
certain narcotics investigations; to require that the appointment of the
Inspector General of the United States Postal Service be made by the
President, with the advice and consent of the Senate; and for other
purposes; as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Miss COLLINS of
Michigan and Mr. PETRI, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 70.10 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate has passed with an amendment in which the concurrence of
the House is requested, a bill of the House of the following title:
H.R. 3567. An Act to amend the John F. Kennedy Center Act
to transfer operating responsibilities to the Board of
Trustees of the John F. Kennedy Center for the Performing
Arts, and for other purposes.
The message also announced that the Senate had passed a bill and joint
resolutions of the following titles, in which the concurrence of the
House is requested:
S. 1233. An Act to resolve the status of certain lands in
Arizona that are subject to a claim as a grant of public
lands for railroad purposes, and for other purposes;
S.J. Res. 153. Joint resolution to designate the week
beginning on November 21, 1993 and ending on November 27,
1993, and the week beginning on November 20, 1994 and ending
on November 26, 1994, as ``National Family Caregivers Week'';
S.J. Res. 172. Joint resolution designating May 30, 1994,
through June 6, 1994, as a ``Time for the National Observance
of the Fiftieth Anniversary of World War II'';
S.J. Res. 178. Joint resolution to proclaim the week of
October 16 through October 22, 1994, as ``National Character
Counts Week''; and
S.J. Res. 187. Joint resolution designating July 16 through
July 24, 1994, as ``National Apollo Anniversary Observance.''
Para. 70.11 richard bolling federal building
Mr. TRAFICANT moved to suspend the rules and agree to the following
amendment of the Senate to the bill (H.R. 2559) to designate the Federal
building located at 601 East 12th Street in Kansas City, Missouri, as
the ``Richard Bolling Federal Building'':
Page 2, after line 5, insert:
SEC. 3. DESIGNATION.
The United States Courthouse located at North and Locust
Streets in Kansas City, Missouri, shall be known and
designated as the ``Charles Evans Whittaker United States
Courthouse''.
SEC. 4. REFERENCES.
Any reference in a law, map, regulation, document, paper,
or other record of the United States to the courthouse
referred to in section 1 shall be deemed to be a reference to
the ``Charles Evans Whittaker United States Courthouse''.
The SPEAKER pro tempore, Mr. COLEMAN, recognized Mr. TRAFICANT and Mr.
DUNCAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said amendment?
The SPEAKER pro tempore, Mr. COLEMAN, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said amendment were agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said amendment were agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
Para. 70.12 jamie l. whitten federal building
Mr. TRAFICANT moved to suspend the rules and pass the bill (H.R. 4576)
to designate the Federal building located at the northeast corner of the
intersecton of 14th Street and Independence Avenue, Southeast, in
Washington, District of Columbia, as the ``Jamie L. Whitten Federal
Building''.
The SPEAKER pro tempore, Mr. COLEMAN, recognized Mr. TRAFICANT and Mr.
DUNCAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. COLEMAN, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 70.13 william h. natcher federal building
Mr. TRAFICANT moved to suspend the rules and pass the bill (H.R. 4577)
to designate the Federal Building and United States Courthouse located
at 242 East Main Steet in Bowling Green, Kentucky, as the ``William H.
Natcher Federal Building and United States Courthouse''.
The SPEAKER pro tempore, Mr. COLEMAN, recognized Mr. TRAFICANT and Mr.
DUNCAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-
[[Page 1159]]
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 70.14 commerce, justice, state, judiciary appropriations
Mr. MOLLOHAN moved that the House resolve itself into the Committee of
the Whole House on the state of the Union for the further consideration
of the bill (H.R. 4603) making appropriations for the Departments of
Commerce, Justice, and State, the Judiciary, and related agencies
programs for the fiscal year ending September 30, 1995, and making
supplemental appropriations for the departments and agencies for fiscal
year ending September 30, 1994, and for other purposes.
The question being put, viva voce,
Will the House resolve itself into the Committee?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that the yeas had
it.
So the motion was agreed to.
Accordingly,
The House resolved itself into the Committee of the Whole House on the
state of the Union for the further consideration of said bill.
The Chairman, Mr. BROWN of California, resumed the Chair; and after
some time spent therein,
Para. 70.15 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. BURTON:
Page 50, line 19, strike ``$26,000,000'' and insert
``$24,000,000''.
It was decided in the
Yeas
156
<3-line {>
negative
Nays
230
Para. 70.16 [Roll No. 279]
AYES--156
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Ballenger
Barca
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bentley
Bereuter
Bilirakis
Blute
Boehner
Bonilla
Bunning
Burton
Buyer
Calvert
Camp
Canady
Castle
Coble
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Costello
Crane
Crapo
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fowler
Franks (CT)
Franks (NJ)
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Glickman
Goodlatte
Goss
Grams
Grandy
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Johnson (GA)
Johnson, Sam
Kasich
Kennedy
Kim
Kingston
Klug
Knollenberg
Kolbe
Kreidler
Kyl
Laughlin
Lazio
Levy
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manzullo
McCrery
McHugh
McKeon
Meyers
Molinari
Montgomery
Moorhead
Myers
Nussle
Orton
Oxley
Parker
Paxon
Penny
Petri
Porter
Portman
Poshard
Quillen
Ramstad
Ravenel
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Slattery
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Swett
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Walker
Weldon
Wolf
Young (FL)
Zimmer
NOES--230
Abercrombie
Ackerman
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barlow
Bateman
Becerra
Beilenson
Berman
Bilbray
Bliley
Boehlert
Bonior
Borski
Boucher
Brooks
Browder
Brown (CA)
Brown (OH)
Bryant
Byrne
Callahan
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Conyers
Coyne
Cramer
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fish
Flake
Foglietta
Frank (MA)
Frost
Furse
Gallegly
Gejdenson
Gephardt
Gibbons
Gilman
Gonzalez
Goodling
Gordon
Green
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hefner
Hinchey
Hoagland
Hochbrueckner
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennelly
Kildee
King
Kleczka
Klein
Klink
Kopetski
LaFalce
Lancaster
Lantos
LaRocco
Leach
Levin
Lewis (CA)
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCurdy
McDade
McDermott
McHale
McInnis
McKinney
McNulty
Meek
Menendez
Mfume
Mica
Michel
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Moran
Morella
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Packard
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Price (NC)
Rahall
Reed
Regula
Roemer
Rogers
Romero-Barcelo (PR)
Rowland
Roybal-Allard
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tanner
Tauzin
Tejeda
Thornton
Thurman
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Young (AK)
NOT VOTING--53
Andrews (ME)
Andrews (NJ)
Baker (LA)
Bevill
Bishop
Blackwell
Brewster
Brown (FL)
Collins (MI)
Cox
Deal
Faleomavaega (AS)
Fields (TX)
Fingerhut
Ford (MI)
Ford (TN)
Gutierrez
Hastings
Hayes
Hilliard
Hoke
Hunter
Lambert
Lehman
Lewis (FL)
McCandless
McCloskey
McCollum
McMillan
Meehan
Miller (FL)
Murphy
Owens
Pombo
Pryce (OH)
Quinn
Rangel
Reynolds
Richardson
Ridge
Rose
Rostenkowski
Roukema
Rush
Smith (OR)
Thompson
Torres
Torricelli
Towns
Underwood (GU)
Washington
Waters
Zeliff
So the amendment was not agreed to.
After some further time,
Para. 70.17 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. BURTON:
Page 51, line 10, strike ``$70,000,000'' and insert
``$48,000,000''.
It was decided in the
Yeas
161
<3-line {>
negative
Nays
227
Para. 70.18 [Roll No. 280]
AYES--161
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Ballenger
Barca
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bentley
Bereuter
Bilirakis
Boehlert
Boehner
Bonilla
Browder
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Coble
Collins (GA)
Combest
Condit
Costello
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Everett
Ewing
Fawell
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Horn
Huffington
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Johnson (CT)
Kaptur
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kreidler
Kyl
Lazio
Leach
Levy
Lewis (FL)
Lewis (KY)
Linder
Lucas
Machtley
Mann
Manzullo
McCrery
McHugh
McInnis
McKeon
Meyers
Mica
Michel
Minge
Molinari
Moorhead
Morella
Nussle
Oxley
Packard
Paxon
Penny
Peterson (MN)
Petri
Porter
Portman
Poshard
Ramstad
Ravenel
Regula
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Swett
Talent
Taylor (MS)
Taylor (NC)
Thomas (WY)
Torkildsen
Traficant
Vucanovich
Walker
Weldon
Wolf
Young (FL)
Zimmer
[[Page 1160]]
NOES--227
Abercrombie
Ackerman
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barlow
Bateman
Becerra
Beilenson
Berman
Bilbray
Bliley
Blute
Bonior
Borski
Boucher
Brooks
Brown (CA)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Conyers
Cooper
Coppersmith
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Emerson
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fish
Flake
Foglietta
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Grandy
Green
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hayes
Hefner
Hinchey
Hoagland
Hochbrueckner
Holden
Houghton
Hoyer
Hughes
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kolbe
Kopetski
LaFalce
Lancaster
Lantos
LaRocco
Laughlin
Levin
Lewis (CA)
Lewis (GA)
Lightfoot
Lipinski
Livingston
Lloyd
Long
Lowey
Maloney
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCurdy
McDade
McDermott
McHale
McKinney
McNulty
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pickle
Pomeroy
Price (NC)
Quillen
Rahall
Reed
Roemer
Rogers
Romero-Barcelo (PR)
Rowland
Roybal-Allard
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Sundquist
Swift
Synar
Tanner
Tauzin
Tejeda
Thomas (CA)
Thornton
Thurman
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Walsh
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Young (AK)
NOT VOTING--51
Andrews (ME)
Andrews (NJ)
Baker (LA)
Bevill
Bishop
Blackwell
Brewster
Brown (FL)
Collins (MI)
Cox
Deal
Faleomavaega (AS)
Fields (TX)
Fingerhut
Ford (MI)
Ford (TN)
Gutierrez
Hastings
Hilliard
Hoke
Hunter
Johnson, Sam
Lambert
Lehman
McCandless
McCloskey
McCollum
McMillan
Meehan
Miller (FL)
Murphy
Owens
Pombo
Pryce (OH)
Quinn
Rangel
Reynolds
Richardson
Ridge
Rose
Rostenkowski
Roukema
Rush
Smith (OR)
Thompson
Torres
Torricelli
Towns
Washington
Waters
Zeliff
So the amendment was not agreed to.
After some further time,
Para. 70.19 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. PENNY:
Page 52, line 14, strike ``$338,524,000'' and insert
``$270,819,000''.
It was decided in the
Yeas
110
<3-line {>
negative
Nays
282
Para. 70.20 [Roll No. 281]
AYES--110
Allard
Andrews (TX)
Archer
Armey
Bachus (AL)
Baker (CA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bereuter
Bilirakis
Bliley
Boehner
Bonilla
Brown (OH)
Bunning
Burton
Calvert
Castle
Coble
Collins (GA)
Combest
Condit
Cox
Crane
Crapo
Cunningham
DeLay
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ewing
Fawell
Fowler
Gallegly
Gingrich
Goodlatte
Goss
Grams
Greenwood
Hancock
Hansen
Hastert
Hefley
Hoagland
Hoekstra
Huffington
Hyde
Inglis
Inhofe
Istook
Kasich
Kim
King
Klug
Knollenberg
Kolbe
Kyl
Leach
Levy
Lewis (FL)
Lewis (KY)
Linder
Livingston
Lucas
Mann
Manzullo
Margolies-Mezvinsky
McInnis
McKeon
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Nussle
Oxley
Packard
Paxon
Penny
Petri
Porter
Portman
Ramstad
Roberts
Rohrabacher
Roth
Royce
Schaefer
Sensenbrenner
Shays
Smith (MI)
Smith (TX)
Solomon
Stearns
Stenholm
Stump
Talent
Thomas (WY)
Walker
Weldon
Wolf
Young (FL)
Zimmer
NOES--282
Abercrombie
Ackerman
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Bentley
Berman
Bilbray
Blute
Boehlert
Bonior
Borski
Boucher
Brooks
Browder
Brown (CA)
Bryant
Buyer
Byrne
Callahan
Camp
Canady
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Emerson
Engel
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fish
Flake
Foglietta
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Glickman
Gonzalez
Goodling
Gordon
Grandy
Green
Gunderson
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hayes
Hefner
Herger
Hinchey
Hobson
Hochbrueckner
Holden
Horn
Houghton
Hoyer
Hughes
Hutchinson
Hutto
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kingston
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Levin
Lewis (CA)
Lewis (GA)
Lightfoot
Lipinski
Lloyd
Long
Lowey
Machtley
Maloney
Manton
Markey
Martinez
Matsui
Mazzoli
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McKinney
McNulty
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Quillen
Rahall
Ravenel
Reed
Regula
Roemer
Rogers
Romero-Barcelo (PR)
Ros-Lehtinen
Rowland
Roybal-Allard
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spence
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thornton
Thurman
Torkildsen
Traficant
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Young (AK)
NOT VOTING--47
Andrews (ME)
Andrews (NJ)
Baker (LA)
Bevill
Bishop
Blackwell
Brewster
Brown (FL)
Deal
Faleomavaega (AS)
Fields (TX)
Fingerhut
Ford (MI)
Ford (TN)
Gutierrez
Hastings
Hilliard
Hoke
Hunter
Johnson, Sam
Lambert
Lehman
McCandless
McCloskey
McCollum
McMillan
Meehan
Murphy
Owens
Pombo
Pryce (OH)
Quinn
Rangel
Reynolds
Richardson
Ridge
Rose
Rostenkowski
Roukema
Rush
Smith (OR)
Thompson
Torres
Torricelli
Towns
Washington
Zeliff
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mrs. UNSOELD, assumed the Chair.
When Mr. BROWN of California, Chairman, reported that the Committee,
having had under consideration said bill, had come to no resolution
thereon.
Para. 70.21 department of defense appropriations
Mr. MURTHA submitted a privileged report (Rept. No. 103-562) on the
bill (H.R. 4650) making appropriations for the Department of Defense for
the fiscal year ending September 30, 1995, and for other purposes.
When said bill and report were referred to the Union Calendar and
ordered printed.
Mr. McDADE reserved all points of order against said bill.
[[Page 1161]]
Para. 70.22 commerce, justice, state, judiciary appropriations
Mr. MOLLOHAN moved that the House resolve itself into the Committee of
the Whole House on the state of the Union for the further consideration
of the bill (H.R. 4603) making appropriations for the Departments of
Commerce, Justice, and State, the Judiciary, and related agencies
programs for the fiscal year ending September 30, 1995, and making
supplemental appropriations for the departments and agencies for fiscal
year ending September 30, 1994, and for other purposes.
The question being put, viva voce,
Will the House resolve itself into the Committee?
The SPEAKER pro tempore, Mrs. UNSOELD, announced that the yeas had it.
So the motion was agreed to.
Accordingly,
The House resolved itself into the Committee of the Whole House on the
state of the Union for the further consideration of said bill.
The Chairman, Mr. BROWN of California, resumed the Chair; and after
some time spent therein,
Para. 70.23 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. GOODLATTE:
Page 56, after line 2, insert the following new section:
Sec. 207. The amount otherwise provided in this title for
``National Oceanic and Atmospheric Administration--
Operations, Research, and Facilities'' is hereby reduced by
$26,059,999.
It was decided in the
Yeas
128
<3-line {>
negative
Nays
272
Para. 70.24 [Roll No. 282]
AYES--128
Allard
Andrews (NJ)
Andrews (TX)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Bartlett
Barton
Bliley
Boehlert
Boehner
Bonilla
Bunning
Burton
Calvert
Camp
Canady
Castle
Coble
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Cox
Crane
Crapo
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Ewing
Fawell
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gilman
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hancock
Hansen
Harman
Hastert
Hoagland
Hoekstra
Horn
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kyl
Lantos
Lazio
Leach
Levy
Lewis (KY)
Linder
Mann
Manzullo
Margolies-Mezvinsky
McCrery
McHugh
McInnis
McKeon
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Moorhead
Nussle
Orton
Oxley
Paxon
Payne (VA)
Penny
Petri
Porter
Portman
Poshard
Ramstad
Roberts
Rohrabacher
Roth
Royce
Santorum
Schaefer
Sensenbrenner
Shays
Shuster
Smith (MI)
Smith (TX)
Solomon
Stearns
Stenholm
Stump
Sundquist
Swett
Talent
Upton
Walker
Weldon
Wilson
Zimmer
NOES--272
Abercrombie
Ackerman
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bilbray
Bilirakis
Blute
Bonior
Borski
Boucher
Brooks
Browder
Brown (CA)
Brown (OH)
Bryant
Buyer
Byrne
Callahan
Cantwell
Cardin
Carr
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cramer
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Emerson
Engel
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fish
Flake
Foglietta
Fowler
Frank (MA)
Frost
Furse
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gingrich
Glickman
Gonzalez
Gordon
Green
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hayes
Hefley
Hefner
Herger
Hinchey
Hobson
Hochbrueckner
Holden
Houghton
Hoyer
Huffington
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kolbe
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
LaRocco
Laughlin
Lehman
Levin
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Manton
Markey
Martinez
Matsui
Mazzoli
McCurdy
McDade
McDermott
McHale
McKinney
McNulty
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Packard
Pallone
Parker
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Price (NC)
Quillen
Rahall
Ravenel
Reed
Regula
Richardson
Roemer
Rogers
Romero-Barcelo (PR)
Ros-Lehtinen
Roukema
Rowland
Roybal-Allard
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spence
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Traficant
Tucker
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
NOT VOTING--39
Andrews (ME)
Bevill
Bishop
Blackwell
Brewster
Brown (FL)
Chapman
Deal
Faleomavaega (AS)
Fields (TX)
Fingerhut
Ford (MI)
Ford (TN)
Gutierrez
Hastings
Hilliard
Hoke
McCandless
McCloskey
McCollum
McMillan
Meehan
Murphy
Owens
Pombo
Pryce (OH)
Quinn
Rangel
Reynolds
Ridge
Rose
Rostenkowski
Rush
Smith (OR)
Torres
Torricelli
Towns
Washington
Zeliff
So the amendment was not agreed to.
The SPEAKER pro tempore, Mrs. UNSOELD, assumed the Chair.
When Mr. BROWN of California, Chairman, reported that the Committee,
having had under consideration said bill, had come to no resolution
thereon.
Para. 70.25 order of business--consideration of amendments--h.r. 4603
On motion of Mr. MOLLOHAN, by unanimous consent,
Ordered, That, during the further consideration in the Committee of
the Whole House on the state of the Union of the bill (H.R. 4603) making
appropriations for the Departments of Commerce, Justice, and State, the
Judiciary, and related agencies programs for the fiscal year ending
September 30, 1995, and making supplemental appropriations for the
departments and agencies for fiscal year ending September 30, 1994, and
for other purposes; the chairman of the Committee of the Whole may,
after consultation with the chairman and ranking minority member of the
Committe on Appropriations or their designees, postpone until a time
during further cosideration a request for a recorded vote on any
amendment to title V of the bill and reduce to not less than five
nimutes the time for voting by electronic device on any postponed
question that immediately follows another vote by electronic device
without intervening business, provided that the time for voting by
electronic device on the first in any series of questions shall be not
less than 15 minutes.
Para. 70.26 hour of meeting
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at
9:30 a.m. on Tuesday, June 28, 1994.
Para. 70.27 commerce, justice, state, judiciary appropriations
Mr. MOLLOHAN moved that the House resolve itself into the Committee of
the Whole House on the state of the Union for the further consideration
of the bill (H.R. 4603) making appropriations for the Departments of
Commerce, Justice, and State, the Judiciary, and related agencies
programs for the fiscal year ending September 30, 1995, and making
supplemental appropriations for the departments and agencies for fiscal
year ending September 30, 1994, and for other purposes.
[[Page 1162]]
The question being put, viva voce,
Will the House resolve itself into the Committee?
The SPEAKER pro tempore, Mrs. UNSOELD, announced that the yeas had it.
So the motion was agreed to.
Accordingly,
The House resolved itself into the Committee of the Whole House on the
state of the Union for the further consideration of said bill.
The Chairman, Mr. BROWN of California, resumed the Chair; and after
some time spent therein,
Para. 70.28 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. HEFLEY:
Page 93, strike lines 8 through 12.
It was decided in the
Yeas
89
<3-line {>
negative
Nays
317
Para. 70.29 [Roll No. 283]
AYES--89
Allard
Andrews (ME)
Andrews (NJ)
Archer
Baker (LA)
Barca
Barrett (NE)
Barrett (WI)
Boehner
Callahan
Camp
Clay
Coble
Collins (GA)
Condit
Conyers
Crane
DeFazio
Duncan
Emerson
Fingerhut
Frank (MA)
Gekas
Gonzalez
Grams
Green
Hall (TX)
Hamburg
Hancock
Hansen
Hefley
Hoekstra
Holden
Inglis
Jacobs
Kanjorski
Kaptur
Kleczka
Klug
Knollenberg
Kreidler
LaRocco
Lazio
Lewis (FL)
Lightfoot
Mann
Manzullo
Margolies-Mezvinsky
Mazzoli
McInnis
McKinney
McNulty
Mica
Miller (CA)
Myers
Orton
Quillen
Quinn
Ramstad
Roth
Roukema
Sanders
Santorum
Schaefer
Schroeder
Sensenbrenner
Shays
Shuster
Sisisky
Smith (MI)
Snowe
Solomon
Stenholm
Strickland
Stump
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Thurman
Upton
Walker
Weldon
Wyden
Yates
Zeliff
Zimmer
NOES--317
Abercrombie
Ackerman
Andrews (TX)
Applegate
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Ballenger
Barcia
Barlow
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bilbray
Bilirakis
Blute
Boehlert
Bonilla
Bonior
Borski
Boucher
Brooks
Browder
Brown (CA)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Calvert
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Combest
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Filner
Flake
Foglietta
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grandy
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hamilton
Harman
Hastert
Hayes
Hefner
Herger
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoke
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inhofe
Inslee
Istook
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Klein
Klink
Kolbe
Kopetski
Kyl
LaFalce
Lambert
Lancaster
Lantos
Laughlin
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Manton
Markey
Martinez
Matsui
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McKeon
Meek
Menendez
Meyers
Mfume
Michel
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Ortiz
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pomeroy
Porter
Portman
Poshard
Price (NC)
Rahall
Ravenel
Reed
Regula
Richardson
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rowland
Roybal-Allard
Royce
Sabo
Sangmeister
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schumer
Scott
Serrano
Sharp
Shaw
Shepherd
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Smith (TX)
Spence
Spratt
Stark
Stearns
Stokes
Studds
Stupak
Swift
Synar
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Torkildsen
Torres
Traficant
Tucker
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Wheat
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Young (AK)
Young (FL)
NOT VOTING--33
Bevill
Bishop
Blackwell
Bliley
Brewster
Brown (FL)
Faleomavaega (AS)
Fields (TX)
Fish
Ford (MI)
Ford (TN)
Hastings
Hilliard
McCandless
McCloskey
McCollum
McMillan
Meehan
Owens
Oxley
Pombo
Pryce (OH)
Rangel
Reynolds
Ridge
Rose
Rostenkowski
Rush
Smith (OR)
Torricelli
Towns
Washington
Whitten
So the amendment was not agreed to.
After some further time,
Para. 70.30 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. STEARNS:
Page 75, line 5, strike ``$1,703,000,000'' and insert
``$1,700,200,000''.
It was decided in the
Yeas
284
<3-line {>
affirmative
Nays
122
Para. 70.31 [Roll No. 284]
AYES--284
Allard
Andrews (ME)
Andrews (NJ)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bentley
Bereuter
Bilbray
Bilirakis
Blute
Boehlert
Boehner
Bonilla
Brooks
Browder
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Castle
Chapman
Clayton
Clement
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
Eshoo
Everett
Ewing
Farr
Fawell
Fields (LA)
Filner
Fingerhut
Fowler
Franks (CT)
Franks (NJ)
Frost
Gallegly
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Huffington
Hughes
Hunter
Hutchinson
Hutto
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kildee
Kim
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kreidler
Kyl
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Lehman
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Manton
Manzullo
Margolies-Mezvinsky
Martinez
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McNulty
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Minge
Moakley
Molinari
Montgomery
Moorhead
Morella
Murphy
Myers
Neal (MA)
Nussle
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pomeroy
Porter
Portman
Poshard
Quillen
Quinn
Rahall
Ramstad
Ravenel
Regula
Roberts
Roemer
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Sangmeister
Santorum
Sarpalius
Saxton
Schaefer
Schenk
Schiff
Schumer
Sensenbrenner
Shaw
Shays
Shepherd
Shuster
Sisisky
Skeen
Skelton
Slattery
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Strickland
Stump
Stupak
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thurman
Torkildsen
Torres
Traficant
Upton
Valentine
Volkmer
Vucanovich
Walker
Walsh
Weldon
Williams
Wise
[[Page 1163]]
Wolf
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--122
Abercrombie
Ackerman
Andrews (TX)
Bateman
Becerra
Beilenson
Berman
Bonior
Borski
Boucher
Brown (CA)
Brown (OH)
Bryant
Cardin
Carr
Clay
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Coyne
de Lugo (VI)
Dellums
Derrick
Dingell
Dixon
Edwards (CA)
Engel
English
Evans
Fazio
Flake
Foglietta
Frank (MA)
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Gonzalez
Gutierrez
Hamburg
Hinchey
Houghton
Hoyer
Hyde
Johnson (SD)
Johnson, E. B.
Johnston
Kennedy
Kennelly
King
Kolbe
Kopetski
LaFalce
Leach
Levin
Levy
Lewis (CA)
Lewis (GA)
Lipinski
Mann
Markey
Matsui
Mazzoli
McDermott
McKinney
Meek
Mineta
Mink
Mollohan
Moran
Murtha
Nadler
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Pastor
Payne (NJ)
Pelosi
Pickle
Price (NC)
Reed
Richardson
Rogers
Rohrabacher
Romero-Barcelo (PR)
Roybal-Allard
Sabo
Sanders
Sawyer
Schroeder
Scott
Serrano
Sharp
Skaggs
Slaughter
Smith (IA)
Stark
Stokes
Studds
Swift
Synar
Thompson
Thornton
Tucker
Underwood (GU)
Unsoeld
Velazquez
Vento
Visclosky
Waters
Watt
Waxman
Wilson
Woolsey
Wyden
Yates
NOT VOTING--33
Bevill
Bishop
Blackwell
Bliley
Brewster
Brown (FL)
Faleomavaega (AS)
Fields (TX)
Fish
Ford (MI)
Ford (TN)
Hastings
Hilliard
McCandless
McCloskey
McCollum
McMillan
Meehan
Owens
Pombo
Pryce (OH)
Rangel
Reynolds
Ridge
Rose
Rostenkowski
Rush
Smith (OR)
Torricelli
Towns
Washington
Wheat
Whitten
So the amendment was agreed to.
Para. 70.32 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. INSLEE:
Page 78, line 23, strike ``$411,000,000'' and insert
``$396,000,000''.
It was decided in the
Yeas
268
<3-line {>
affirmative
Nays
139
Para. 70.33 [Roll No. 285]
AYES--268
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bentley
Bilbray
Bilirakis
Blute
Boehlert
Boehner
Bonilla
Browder
Brown (OH)
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cantwell
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Coble
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
Deal
DeLay
Deutsch
Dickey
Dicks
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
English
Everett
Ewing
Fawell
Fields (LA)
Fingerhut
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (TX)
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Herger
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Huffington
Hunter
Hutchinson
Hutto
Inglis
Inhofe
Inslee
Istook
Jacobs
Johnson (GA)
Johnson, Sam
Kasich
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klug
Knollenberg
Kreidler
Kyl
Lambert
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (FL)
Lewis (KY)
Linder
Lipinski
Lloyd
Long
Lucas
Machtley
Mann
Manzullo
Margolies-Mezvinsky
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meyers
Mica
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Myers
Neal (NC)
Nussle
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Paxon
Payne (VA)
Penny
Peterson (MN)
Petri
Pickett
Pickle
Pomeroy
Porter
Portman
Poshard
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Roberts
Roemer
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Sanders
Santorum
Sarpalius
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Sensenbrenner
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skeen
Skelton
Slattery
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Strickland
Stump
Stupak
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Traficant
Tucker
Unsoeld
Upton
Velazquez
Vucanovich
Walker
Weldon
Williams
Woolsey
Wyden
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--139
Abercrombie
Ackerman
Bacchus (FL)
Bateman
Becerra
Beilenson
Bereuter
Berman
Bonior
Borski
Boucher
Brooks
Brown (CA)
Bryant
Byrne
Cardin
Carr
Clay
Coleman
Collins (IL)
Collins (MI)
Conyers
Coyne
de la Garza
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Diaz-Balart
Dingell
Dixon
Durbin
Edwards (CA)
Engel
Eshoo
Evans
Farr
Fazio
Filner
Flake
Foglietta
Frank (MA)
Gejdenson
Gephardt
Gibbons
Gilman
Gonzalez
Hall (OH)
Hamburg
Hamilton
Hefner
Hinchey
Houghton
Hoyer
Hughes
Hyde
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Klink
Kolbe
Kopetski
LaFalce
Lancaster
Lantos
Lewis (CA)
Lewis (GA)
Lightfoot
Livingston
Lowey
Maloney
Manton
Markey
Martinez
Matsui
Mazzoli
McDermott
Meek
Menendez
Mfume
Michel
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Norton (DC)
Oberstar
Obey
Olver
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Price (NC)
Richardson
Rogers
Romero-Barcelo (PR)
Roybal-Allard
Sabo
Sangmeister
Sawyer
Scott
Serrano
Skaggs
Slaughter
Smith (IA)
Stark
Stokes
Studds
Swift
Synar
Torres
Underwood (GU)
Valentine
Vento
Visclosky
Volkmer
Walsh
Waters
Watt
Waxman
Wheat
Wilson
Wise
Wolf
Yates
NOT VOTING--32
Bevill
Bishop
Blackwell
Bliley
Brewster
Brown (FL)
Faleomavaega (AS)
Fields (TX)
Fish
Ford (MI)
Ford (TN)
Hastings
Hilliard
McCandless
McCloskey
McCollum
McMillan
Meehan
Owens
Pombo
Pryce (OH)
Rangel
Reynolds
Ridge
Rose
Rostenkowski
Rush
Smith (OR)
Torricelli
Towns
Washington
Whitten
So the amendment was agreed to.
Para. 70.34 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. PORTER:
Page 92, after line 3, insert the following:
radio free asia
``(including transfer of funds)
For expenses necessary to carry out the Radio Free Asia
program, $10,000,000, to be derived from amounts provided in
this Act for ``Radio Construction''.
It was decided in the
Yeas
318
<3-line {>
affirmative
Nays
89
Para. 70.35 [Roll No. 286]
AYES--318
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Armey
Bacchus (FL)
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bilbray
Bilirakis
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Brown (OH)
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Castle
Clayton
Clement
Clinger
Clyburn
Coble
Collins (IL)
Collins (MI)
Combest
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Crane
Crapo
Cunningham
Danner
de la Garza
de Lugo (VI)
DeFazio
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dooley
Doolittle
Dornan
Dreier
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Foglietta
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Herger
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Horn
Houghton
Hoyer
[[Page 1164]]
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lucas
Machtley
Maloney
Manton
Manzullo
Margolies-Mezvinsky
Markey
Mazzoli
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meek
Menendez
Meyers
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Molinari
Montgomery
Moorhead
Morella
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Paxon
Pelosi
Penny
Peterson (FL)
Petri
Pickett
Pickle
Pomeroy
Porter
Portman
Poshard
Quinn
Ramstad
Ravenel
Regula
Richardson
Roberts
Roemer
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Roybal-Allard
Royce
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schumer
Scott
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skeen
Skelton
Slattery
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thompson
Thornton
Torkildsen
Torres
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Volkmer
Vucanovich
Walker
Walsh
Waxman
Weldon
Wheat
Williams
Wolf
Woolsey
Wyden
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--89
Allard
Andrews (TX)
Applegate
Archer
Baesler
Barlow
Boucher
Brooks
Browder
Brown (CA)
Bryant
Carr
Chapman
Clay
Coleman
Collins (GA)
Condit
Cramer
Darden
Deal
DeLauro
Dellums
Derrick
Dixon
Duncan
Flake
Frank (MA)
Geren
Gibbons
Gonzalez
Green
Hefley
Hefner
Holden
Hughes
Hutto
Johnson, Sam
Johnston
Kanjorski
Klink
LaFalce
Laughlin
Lewis (GA)
Lowey
Mann
Martinez
Matsui
Mfume
Moakley
Mollohan
Moran
Murphy
Murtha
Myers
Oberstar
Obey
Olver
Pastor
Payne (NJ)
Payne (VA)
Peterson (MN)
Price (NC)
Quillen
Rahall
Reed
Rogers
Roth
Roukema
Rowland
Sabo
Schroeder
Sensenbrenner
Serrano
Skaggs
Smith (IA)
Stenholm
Stokes
Swift
Synar
Thomas (WY)
Thurman
Traficant
Visclosky
Waters
Watt
Wilson
Wise
Wynn
Yates
NOT VOTING--32
Bevill
Bishop
Blackwell
Bliley
Brewster
Brown (FL)
Faleomavaega (AS)
Fields (TX)
Fish
Ford (MI)
Ford (TN)
Hastings
Hilliard
McCandless
McCloskey
McCollum
McMillan
Meehan
Owens
Pombo
Pryce (OH)
Rangel
Reynolds
Ridge
Rose
Rostenkowski
Rush
Smith (OR)
Torricelli
Towns
Washington
Whitten
So the amendment was agreed to.
After some further time,
Para. 70.36 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. CONDIT:
Page 96, after line 19, insert the following new section:
Sec. 607. There is appropriated out of any money in the
Treasury not otherwise appropriated for fiscal year 1995 for
expenses necessary to carry out section 501 of the
Immigration Reform and Control Act of 1986 (8 U.S.C. 1365) to
reimburse States for costs of incarcerating illegal aliens an
amount equal to, and each amount appropriated or otherwise
made available by titles I through VI of this Act (other than
by this section) that is not required to be appropriated or
otherwise made available by a provision of law is hereby
reduced by, $600,000,000 and 2.5 percent, respectively.
It was decided in the
Yeas
148
<3-line {>
negative
Nays
256
Para. 70.37 [Roll No. 287]
AYES--148
Ackerman
Andrews (NJ)
Andrews (TX)
Archer
Armey
Bacchus (FL)
Baker (CA)
Ballenger
Barcia
Bartlett
Barton
Beilenson
Bentley
Bilirakis
Blute
Bonilla
Brooks
Browder
Bryant
Bunning
Burton
Buyer
Callahan
Calvert
Canady
Castle
Chapman
Coleman
Combest
Condit
Cox
Crane
Crapo
Cunningham
de la Garza
DeLay
Deutsch
Diaz-Balart
Dooley
Doolittle
Dornan
Dreier
Dunn
Edwards (TX)
Engel
Eshoo
Everett
Ewing
Fawell
Filner
Fowler
Franks (CT)
Franks (NJ)
Frost
Gallegly
Gekas
Gilman
Gingrich
Goodling
Goss
Grams
Grandy
Green
Greenwood
Hall (TX)
Hancock
Harman
Hastert
Hayes
Hefley
Herger
Hochbrueckner
Hoke
Horn
Huffington
Hunter
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Johnson (CT)
Johnson, Sam
Johnston
Kasich
Kim
King
Kyl
Lantos
Laughlin
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Linder
Machtley
McHugh
McInnis
McKeon
Mica
Miller (CA)
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Neal (MA)
Nussle
Ortiz
Packard
Parker
Penny
Peterson (MN)
Petri
Pickle
Ravenel
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schenk
Shaw
Shays
Shuster
Smith (TX)
Solomon
Stearns
Stenholm
Stump
Swett
Tauzin
Taylor (NC)
Tejeda
Thomas (CA)
Thurman
Torkildsen
Walker
Walsh
Wilson
Young (AK)
Young (FL)
Zimmer
NOES--256
Abercrombie
Allard
Andrews (ME)
Applegate
Baesler
Baker (LA)
Barca
Barlow
Barrett (NE)
Barrett (WI)
Bateman
Becerra
Bereuter
Berman
Bilbray
Bliley
Boehlert
Boehner
Bonior
Borski
Boucher
Brown (CA)
Brown (OH)
Byrne
Camp
Cantwell
Cardin
Carr
Clayton
Clement
Clinger
Clyburn
Coble
Collins (GA)
Collins (IL)
Collins (MI)
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Dickey
Dicks
Dingell
Dixon
Duncan
Durbin
Edwards (CA)
Ehlers
Emerson
English
Evans
Farr
Fazio
Fields (LA)
Fingerhut
Flake
Foglietta
Frank (MA)
Furse
Gallo
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Glickman
Gonzalez
Goodlatte
Gordon
Gunderson
Gutierrez
Hamburg
Hamilton
Hansen
Hefner
Hinchey
Hoagland
Hobson
Hoekstra
Holden
Houghton
Hoyer
Hughes
Hutchinson
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
LaRocco
Lazio
Leach
Levin
Lewis (GA)
Lightfoot
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCrery
McCurdy
McDade
McDermott
McHale
McKinney
McNulty
Meek
Menendez
Meyers
Mfume
Michel
Mineta
Mink
Moakley
Mollohan
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Orton
Oxley
Pallone
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pomeroy
Porter
Portman
Poshard
Price (NC)
Quillen
Quinn
Rahall
Ramstad
Reed
Regula
Richardson
Roberts
Roemer
Rogers
Romero-Barcelo (PR)
Roth
Rowland
Roybal-Allard
Sabo
Sanders
Sangmeister
Sawyer
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Snowe
Spence
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Sundquist
Synar
Talent
Tanner
Taylor (MS)
Thomas (WY)
Thompson
Thornton
Torres
Traficant
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Waters
Watt
Waxman
Weldon
Wheat
Williams
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Zeliff
NOT VOTING--35
Bachus (AL)
Bevill
Bishop
Blackwell
Brewster
Brown (FL)
Clay
Faleomavaega (AS)
Fields (TX)
Fish
Ford (MI)
Ford (TN)
Hall (OH)
Hastings
Hilliard
McCandless
McCloskey
McCollum
McMillan
Meehan
Owens
Pombo
Pryce (OH)
Rangel
Reynolds
Ridge
Rose
Rostenkowski
Rush
Smith (OR)
Swift
Torricelli
Towns
Washington
Whitten
So the amendment was not agreed to.
After some further time,
[[Page 1165]]
Para. 70.38 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. ROGERS:
At the end of the bill, add the following new title:
Title VIII--Additional General Provisions, Transferring Funds From
International Peacekeeping Payments to U.N. to Reimbursement to States
for Costs of Incarcerating Illegal Aliens and Community Policing at
Home
Sec. 801. Notwithstanding any other provision in this Act,
the accounts ``Contributions for International Peacekeeping
Activities'' for fiscal year 1995 and the additional amount
for ``Contributions for International Peacekeeping
Operations'' for fiscal year 1994 in this Act are hereby
reduced by $94,732,000 and $119,013,000 respectively and of
those amounts, $87,500,000 are hereby transferred to
reimburse states for fiscal year 1995 for costs of
incarcerating illegal aliens as authorized by section 501 of
the Immigration Reform and Control Act of 1986, as amended (8
U.S.C. 1365) and $119,000,000 to programs for fiscal year
1994 authorized by Chapter A of subpart 2 of part E of title
I of the Omnibus Crime Control and Safe Streets Act of 1968,
as amended, for an aggregate reduction of $7,245,000 in the
amounts otherwise provided by this Act for fiscal years 1994
and 1995.
It was decided in the
Yeas
178
<3-line {>
negative
Nays
228
Para. 70.39 [Roll No. 288]
AYES--178
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cooper
Costello
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lucas
Machtley
Manzullo
Mazzoli
McCrery
McDade
McHugh
McInnis
McKeon
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Murphy
Myers
Nussle
Ortiz
Oxley
Packard
Paxon
Petri
Porter
Portman
Poshard
Quillen
Quinn
Ramstad
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Tauzin
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Traficant
Upton
Vucanovich
Walker
Walsh
Weldon
Williams
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--228
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Bonior
Borski
Boucher
Brooks
Browder
Brown (CA)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Coppersmith
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Glickman
Gonzalez
Gordon
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hefner
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Leach
Lehman
Levin
Lewis (GA)
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
McCurdy
McDermott
McHale
McKinney
McNulty
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Orton
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Price (NC)
Rahall
Reed
Richardson
Roemer
Romero-Barcelo (PR)
Roukema
Rowland
Roybal-Allard
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Tucker
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--33
Blackwell
Brewster
Brown (FL)
Conyers
Derrick
Faleomavaega (AS)
Fields (TX)
Fish
Ford (MI)
Ford (TN)
Gibbons
Hastings
Hilliard
Matsui
McCandless
McCloskey
McCollum
McMillan
Meehan
Owens
Pombo
Pryce (OH)
Rangel
Reynolds
Ridge
Rose
Rostenkowski
Rush
Smith (OR)
Torricelli
Towns
Washington
Whitten
So the amendment was not agreed to.
After some further time,
TUESDAY, JUNE 27 (LEGISLATIVE DAY OF JUNE 26), 1994
Para. 70.40 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. TAYLOR of North
Carolina:
Sec. 801. None of the funds made available in this Act may
be used to implement, administer, or enforce any guidelines
of the Equal Employment Opportunity Commission covering
harassment based on religion, when it is made known to the
Federal entity or official to which such funds are made
available that such guidelines do not differ in any respect
from the proposed guidelines published by the Commission on
October 1, 1993 (58 Fed. Reg. 51266).
Yeas
366
It was decided in the
Nays
37
<3-line {>
affirmative
Answered present
1
Para. 70.41 [Roll No. 289]
AYES--366
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brooks
Browder
Brown (CA)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Costello
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fingerhut
Flake
Foglietta
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
[[Page 1166]]
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Mazzoli
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pomeroy
Porter
Portman
Poshard
Price (NC)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Richardson
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Sabo
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Traficant
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wheat
Wilson
Wise
Wolf
Wyden
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--37
Abercrombie
Becerra
Clay
Collins (IL)
Collins (MI)
Conyers
Coyne
Dellums
Edwards (CA)
Engel
Filner
Frank (MA)
Gejdenson
Gonzalez
Gutierrez
Hamburg
Hinchey
Johnston
Kopetski
Lewis (GA)
Mink
Nadler
Norton (DC)
Olver
Payne (NJ)
Pelosi
Roybal-Allard
Sanders
Stark
Stokes
Torres
Velazquez
Waters
Watt
Waxman
Woolsey
Yates
ANSWERED ``PRESENT''--1
Skaggs
NOT VOTING--35
Andrews (TX)
Blackwell
Brewster
Brown (FL)
Cox
Derrick
Faleomavaega (AS)
Fields (TX)
Fish
Ford (MI)
Ford (TN)
Gibbons
Hastings
Hilliard
Matsui
McCandless
McCloskey
McCollum
McMillan
Meehan
Owens
Pombo
Pryce (OH)
Rangel
Reynolds
Ridge
Rose
Rostenkowski
Rush
Smith (OR)
Torricelli
Towns
Washington
Whitten
Williams
So the amendment was agreed to.
The SPEAKER pro tempore, Mr. BONIOR, assumed the Chair.
When Mr. BROWN of California, Chairman, reported that the Committee,
having had under consideration said bill, had directed him to report the
same back to the House with sundry amendments adopted by the Committee
with the recommendation that the amendments be agreed to and that the
bill, as amended, do pass.
By unanimous consent, the previous question was ordered on the bill.
The following amendments, reported from the Committee of the Whole
House on the state of the Union, were agreed to:
On page 48, line 21 of the bill, strike the sum
``$17,907,000'' and insert in lieu thereof ``$14,907,000''.
On page 57, line 23, strike $2,330,147,000 and insert in
lieu thereof $2,323,455,000.
On page 59, line 17, strike $56,000,000 and insert in lieu
thereof $62,692,000.
Page 75, line 5, strike ``$1,703,000,000'' and insert
``$1,700,200,000''.
Page 78, line 23, strike ``$411,000,000'' and insert
``$396,000,000''.
Page 92, after line 3, insert the following:
radio free asia
``(including transfer of funds)
For expenses necessary to carry out the Radio Free Asia
program, $10,000,000, to be derived from amounts provided in
this Act for ``Radio Construction''.
Page 96, after line 19, insert the following new section:
Sec. 607. (a) Purchase of American-Made Equipment and
Products.--It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be
American-made.
(b) Notice Requirement.--In providing financial assistance
to, or entering into any contact with, any entity using funds
made available in this Act, the head of each Federal agency,
to the greatest extent practicable, shall provide to such
entity a notice describing the statement made in subsection
(a) by the Congress.
Sec. 801. None of the funds made available in this Act may
be used to implement, administer, or enforce any guidelines
of the Equal Employment Opportunity Commission covering
harassment based on religion, when it is made known to the
Federal entity or official to which such funds are made
available that such guidelines do not differ in any respect
from the proposed guidelines published by the Commission on
October 1, 1993 (58 Fed. Reg. 51266).
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
Mr. LIGHTFOOT moved to recommit the bill to the Committee on
Appropriations with the following amendment:
On page 81, line 8, strike ``$533,304,000'' and insert
``$507,871,000''.
After debate,
By unanimous consent, the previous question was ordered on the motion
to recommit with instructions.
The question being put, viva voce,
Will the House recommit said bill with instructions?
The SPEAKER pro tempore, Mr. BONIOR, announced that the nays had it.
Mr. LIGHTFOOT demanded a recorded vote on agreeing to said motion,
which demand was supported by one-fifth of a quorum, so a recorded vote
was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
185
<3-line {>
negative
Nays
214
Para. 70.42 [Roll No. 290]
AYES--185
Allard
Applegate
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Cox
Crane
Crapo
Cunningham
Deal
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lloyd
Lucas
Machtley
Manzullo
McCrery
McDade
McHugh
McInnis
McKeon
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Moorhead
Morella
Myers
Nussle
Orton
Oxley
Packard
Paxon
Peterson (MN)
Petri
Pomeroy
Porter
Portman
Quillen
Quinn
Ramstad
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Stupak
Sundquist
Swett
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--214
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Baesler
Barca
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Bonior
Borski
Boucher
Brooks
Browder
Brown (CA)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Frank (MA)
Frost
Furse
Gejdenson
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hamburg
Hamilton
Harman
Hefner
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
[[Page 1167]]
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (CA)
Lewis (GA)
Lipinski
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Mazzoli
McCurdy
McDermott
McHale
McKinney
McNulty
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Pickett
Pickle
Poshard
Price (NC)
Rahall
Reed
Richardson
Roemer
Ros-Lehtinen
Rowland
Roybal-Allard
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Swift
Synar
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--35
Blackwell
Brewster
Brown (FL)
Chapman
Derrick
Fields (TX)
Fish
Ford (MI)
Ford (TN)
Gephardt
Gibbons
Hall (OH)
Hastings
Hilliard
Matsui
McCandless
McCloskey
McCollum
McMillan
Meehan
Owens
Pombo
Pryce (OH)
Rangel
Reynolds
Ridge
Rose
Rostenkowski
Rush
Smith (OR)
Torricelli
Towns
Washington
Whitten
Williams
So the motion to recommit with instructions was not agreed to.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. BONIOR, announced that the yeas had it.
Mr. ROGERS demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
286
<3-line {>
affirmative
Nays
112
Para. 70.43 [Roll No. 291]
AYES--286
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Bonilla
Bonior
Borski
Boucher
Brooks
Browder
Brown (CA)
Brown (OH)
Bryant
Buyer
Byrne
Callahan
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Deutsch
Dickey
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Emerson
Engel
English
Eshoo
Evans
Ewing
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Fowler
Frank (MA)
Franks (CT)
Frost
Furse
Gallegly
Gejdenson
Gekas
Geren
Gilchrest
Gilman
Gingrich
Glickman
Gonzalez
Gordon
Grandy
Green
Gutierrez
Hamburg
Hamilton
Harman
Hayes
Hefner
Hinchey
Hoagland
Hochbrueckner
Holden
Horn
Houghton
Hoyer
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
King
Kleczka
Klein
Klink
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (GA)
Lightfoot
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Mazzoli
McCrery
McCurdy
McDade
McDermott
McHale
McInnis
McKeon
McKinney
McNulty
Meek
Menendez
Meyers
Mfume
Michel
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Packard
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pickle
Pomeroy
Porter
Poshard
Price (NC)
Quinn
Rahall
Ravenel
Reed
Richardson
Roemer
Rogers
Roukema
Rowland
Roybal-Allard
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spratt
Stark
Stearns
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tanner
Tauzin
Taylor (NC)
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Torkildsen
Torres
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Wheat
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Young (FL)
NOES--112
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Bartlett
Barton
Boehner
Bunning
Burton
Calvert
Camp
Coble
Collins (GA)
Combest
Condit
Cox
Crane
Crapo
DeLay
Diaz-Balart
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Everett
Fawell
Franks (NJ)
Gallo
Gillmor
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Huffington
Inglis
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
Kim
Kingston
Klug
Knollenberg
Lazio
Lewis (FL)
Lewis (KY)
Linder
Lucas
McHugh
Mica
Miller (FL)
Minge
Molinari
Moorhead
Myers
Nussle
Orton
Oxley
Paxon
Penny
Peterson (MN)
Petri
Portman
Quillen
Ramstad
Regula
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Saxton
Schaefer
Sensenbrenner
Shays
Shuster
Smith (MI)
Smith (TX)
Solomon
Spence
Stenholm
Stump
Sundquist
Swett
Talent
Taylor (MS)
Thomas (WY)
Walker
Weldon
Young (AK)
Zeliff
Zimmer
NOT VOTING--36
Blackwell
Brewster
Brown (FL)
Derrick
Fields (TX)
Fish
Ford (MI)
Ford (TN)
Gephardt
Gibbons
Hall (OH)
Hastings
Hilliard
Matsui
McCandless
McCloskey
McCollum
McMillan
Meehan
Murtha
Owens
Pombo
Pryce (OH)
Rangel
Reynolds
Ridge
Rose
Rostenkowski
Rush
Smith (OR)
Torricelli
Towns
Washington
Whitten
Williams
Yates
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 70.44 subpoena
The SPEAKER pro tempore, Mr. COPPERSMITH, laid before the House a
communication, which was read as follows:
U.S. Congress,
House of Representatives,
Washington, DC, June 24, 1994.
Hon. Thomas S. Foley,
The Capitol,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that my office has
been served with a subpoena for documents concerning
constituent casework issued by the United States District
Court for the Southern District of Illinois in connection
with a civil case.
After consultation with the General Counsel, I will
determine if compliance with the subpoena is consistent with
the privileges and precedents of the House.
Sincerely,
Glenn Poshard
Member of Congress.
Para. 70.45 waiving points of order against h.r. 4624
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-563) the resolution (H. Res. 465) waiving certain points of
order during consideration of the bill (H.R. 4624) making appropriations
for the Departments of Veterans Affairs and Housing and Urban
Development, and for sundry independent agencies, boards, commissions,
corporations, and offices for the fiscal year ending September 30, 1995,
and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 70.46 hour of meeting
On motion of Mr. MOAKLEY, by unanimous consent,
[[Page 1168]]
Ordered, That when the House adjourns today, it adjourn to meet at
10:30 a.m. today.
Para. 70.47 senate joint resolutions referred
Joint resolutions of the Senate of the following titles were taken
from the Speaker's table and, under the rule, referred as follows:
S.J. Res. 153. Joint resolution to designate the week
beginning on November 21, 1993, and ending on November 27,
1993, and the week beginning on November 20, 1994, and ending
on November 26, 1994, as ``National Family Caregivers Week'';
to the Committee on Post Office and Civil Service.
S.J. Res. 178. Joint resolution to proclaim the week of
October 16 through October 22, 1994, as ``National Character
Counts Week''; to the Committee on Post and Civil Service.
S.J. Res. 187. Joint resolution designating July 16 through
July 24, 1994, as ``National Apollo Anniversary Observance'';
to the Committee on Post Office and Civil Service.
Para. 70.48 enrolled bills signed
Mr. ROSE, from the Committee on House Administration, reported that
that committee had examined and found truly enrolled bills of the House
of the following titles, which were thereupon signed by the Speaker:
H.R. 1758. An Act to revise, codify, and enact without
substantive change certain general and permanent laws,
related to transportation, as subtitles II, III, and V-X of
title 49, United States Code, ``Transportation'', and to make
other technical improvements in the Code.
H.R. 3724. An Act To designate the U.S. courthouse located
in Bridgeport, CT, as the ``Brien McMahon Federal Building.''
H.R. 4568. An Act making supplemental appropriations for
the Department of Housing and Urban Development for the
fiscal year ending September 30, 1994, and for other
purposes.
Para. 70.49 bill presented to the president
Mr. ROSE, from the Committee on Housing Administration, reported that
that committee did on the following date present to the President, for
his approval, a bill of the House of the following title:
On June 23, 1994:
H.R. 1183. An Act to validate conveyances of certain lands
in the State of California that form part of the right-of-way
granted by the United States to the Central Pacific Railway
Co.
Para. 70.50 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. POMBO, for today and June 28;
To Mr. FALEOMAVAEGA, for today and June 28;
To Miss COLLINS of Michigan, for today between 3:30 p.m. and 4:45
p.m.; and
To Mr. DEAL, for today before 8:00 p.m.
And then,
Para. 70.51 adjournment
On motion of Mr. FINGERHUT, pursuant to the special order heretofore
agreed to, at 1 o'clock and 18 minutes a.m., Tuesday, June 28
(Legislative Day of Monday, June 27), 1994, the House adjourned until
10:30 a.m. today.
Para. 70.52 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. CLAY: Committee on Post Office and Civil Service. H.R.
4400. A bill to amend title 39, United States Code, to
prevent the use of paid confidential informants by the U.S.
Postal Service in certain narcotics investigations; to
require that the appointment of the inspector general of the
U.S. Postal Service be made by the President, with the advice
and consent of the Senate; and for other purposes; with
amendments (Rept. No. 103-561, Pt. 1). Ordered to be printed.
Mr. MURTHA: Committee on Appropriations. H.R. 4650. A bill
making appropriations for the Department of Defense for the
fiscal year ending September 30, 1995, and for other purposes
(Rept. No. 103-562). Referred to the Committee of the Whole
House on the State of the Union.
[Submitted June 28 (legislative day, June 27), 1994]
Ms. SLAUGHTER: Committee on Rules. House Resolution 465.
Resolution waiving certain points of order against the bill
(H.R. 4624) making appropriations for the Departments of
Veterans Affairs and Housing and Urban Development, and for
sundry independent agencies, boards, commissions,
corporations, and offices for the fiscal year ending
September 30, 1995, and for other purposes (Rept. No. 103-
563). Referred to the House Calendar.
Para. 70.53 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. MURTHA:
H.R. 4650. A bill making appropriations for the Department
of Defense for the fiscal year ending September 30, 1995, and
for other purposes.
By Mr. BRYANT:
H.R. 4651. A bill to require bottled water to meet maximum
contaminant levels established under the Safe Drinking Water
Act, and for other purposes; to the Committee on Energy and
Commerce.
By Mr. FURSE:
H.R. 4652. A bill to establish a Science Start Grant
Program, and for other purposes; to the Committee on
Education and Labor.
By Mr. GEJDENSON:
H.R. 4653. A bill to settle Indian land claims within the
State of Connecticut, and for other purposes; to the
Committee on Natural Resources.
By Mr. GREENWOOD:
H.R. 4654. A bill to amend title XVIII of the Social
Security Act to provide for coverage under part B of the
Medicare Program of drugs approved by the Food and Drug
Administration for the treatment of individuals with multiple
sclerosis; jointly, to the Committees on Ways and Means and
Energy and Commerce.
By Mr. McNULTY (for himself and Mr. Bunning):
H.R. 4655. A bill to amend the Internal Revenue Code of
1986 to exclude length of service awards to volunteers
performing firefighting or prevention services, emergency
medical services, or ambulance services from the limitations
applicable to certain deferred compensation plans, and for
other purposes; to the Committee on Ways and Means.
By Mr. SANTORUM:
H.R. 4656. A bill to make the provisions of title IV of the
Trade Act of 1974 applicable to Cambodia; to the Committee on
Ways and Means.
By Mr. SANTORUM (for himself, Mr. Blute, Mr. Brewster,
Mr. Camp, Mr. DeLay, Mr. Hayes, Mr. Herger, Mr. Shaw,
Mr. Stenholm, and Mr. Talent):
H.R. 4657. A bill to eliminate certain welfare benefits
with respect to fugitive felons and probation and parole
violators, and to facilitate sharing of information with
police officers; jointly, to the Committees on Energy and
Commerce, Ways and Means, Agriculture, and Banking, Finance
and Urban Affairs.
By Ms. SHEPHERD (for herself, Mr. Waxman, Mr. Durbin,
Mr. Synar, Mr. Meehan, Mr. Barrett of Wisconsin, and
Mr. Hilliard):
H.R. 4658. A bill to require the labeling, advertising, and
promotion of tobacco products to disclose the additives to
and constituents of the products and tobacco smoke, and for
other purposes; to the Committee on Energy and Commerce.
By Mr. STUMP:
H.R. 4659. A bill to impose certain requirements on health
care liability claims; to the Committee on the Judiciary.
By Mr. McNULTY (for himself, Mr. Fish, Mr. Coyne, Mr.
McDade, Mr. Montgomery, Mr. Smith of New Jersey, Mr.
Meehan, Mr. King, Mr. Kennedy, Mr. Walsh, Mr.
Richardson, Mr. Applegate, Mr. Engel, Mr. Conyers,
Ms. Lowey, Mr. Evans, and Mr. Gilman):
H.J. Res. 383. Joint resolution to designate September 13,
1994, as ``Commodore John Barry Day''; to the Committee on
Post Office and Civil Service.
Para. 70.54 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
433. By the SPEAKER: Memorial of the General Assembly of
the State of Delaware, relative to Federal taxes; to the
Committee on the Judiciary.
434. Also, memorial of the Legislature of the State of
Missouri, relative to approval of the National Highway
System; to the Committee on Public Works and Transportation.
Para. 70.55 private bills and resolutions
Under clause 1 of rule XXII,
Mr. GOSS introduced a bill (H.R. 4660) to authorize
issuance of a certificate of documentation with appropriate
endorsement for the vessel Smalley 6808 amphibious dredge;
which was referred to the Committee on Merchant Marine and
Fisheries.
Para. 70.56 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 488: Mr. Engel and Mr. Lipinski.
H.R. 1164: Mr. Brown of Ohio.
H.R. 1182: Mr. Johnston of Florida and Ms. Furse.
H.R. 1386: Mr. Richardson.
H.R. 2147: Mr. Coppersmith.
H.R. 2292: Mr. Hamburg, Mr. Lancaster, and Ms. Slaughter.
H.R. 2556: Mr. Livingston and Mr. Porter.
H.R. 2708: Mr. Solomon and Mr. Slattery.
H.R. 2741: Ms. Lowey.
H.R. 2959: Mr. Young of Florida.
H.R. 2985: Mr. Torres.
H.R. 3023: Mr. Volkmer, Mr. Quillen, Mr. Royce, Mr. Hoyer,
Mr. Neal of Massachu-
[[Page 1169]]
setts, Mr. Quinn, Mr. Applegate, Mr. Crapo, Mr. Fawell, Mr.
Gekas, and Mr. Deutsch.
H.R. 3044: Ms. Cantwell.
H.R. 3269: Mr. Hoagland, Ms. Slaughter, and Ms. Kaptur.
H.R. 3290: Mr. Engel.
H.R. 3293: Mrs. Roukema.
H.R. 3560: Mr. Stump.
H.R. 3633: Mr. Schaefer, Mr. Gallegly, Mr. Huffington, Mr.
Schiff, Mr. Moorhead, and Mr. Andrews of New Jersey.
H.R. 3705: Mr. Shaw.
H.R. 3795: Mr. Torkildsen, Mr. Rohrabacher, Mr. Doolittle,
Mr. Dornan, Mr. Sensenbrenner, Mr. Beilenson, and Mr. Schiff.
H.R. 3820: Mr. Andrews of Maine.
H.R. 3862: Mr. Johnson of Georgia.
H.R. 3978: Mr. Boehner.
H.R. 4050: Mr. Flake.
H.R. 4051: Mrs. Meek of Florida and Mr. Gonzalez.
H.R. 4057: Mr. Klein, Mr. Linder, Mr. Dickey, Mr. Bliley,
Mr. Castle, and Mr. Saxton.
H.R. 4091: Ms. Slaughter.
H.R. 4095: Mr. Goodlatte and Mr. Buyer.
H.R. 4133: Ms. Furse.
H.R. 4142: Mr. Waxman, Mr. Evans, Mr. Wolf, Ms. Woolsey,
and Ms. Norton.
H.R. 4158: Mr. Solomon.
H.R. 4189: Mr. Combest.
H.R. 4215: Mr. Fish.
H.R. 4256: Mr. Farr.
H.R. 4260: Mr. DeFazio and Mr. Wynn.
H.R. 4280: Mr. Evans.
H.R. 4345: Mr. Traficant.
H.R. 4375: Mr. Brown of California and Mr. Waxman.
H.R. 4393: Mr. Jacobs and Mr. Hughes.
H.R. 4395: Mr. Filner.
H.R. 4530: Mr. Santorum.
H.R. 4540: Mr. LaFalce, Ms. Furse, Mr. Neal of North
Carolina, Ms. Woolsey, Mr. Upton, Mr. Owens, Mr. Hughes, and
Mr. Minge.
H.R. 4557: Ms. Schenk, Mr. Packard, Mr. McCandless, and Mr.
Castle.
H.R. 4570: Mrs. Thurman and Ms. Roybal-Allard.
H.J. Res. 347: Mr. Fish, Mr. Torres, Mr. McCollum, Mr.
Skeen, Mr. Rahall, Mr. de Lugo, Mr. Bliley, Mr. Richardson,
Mr. Tejeda, and Mr. Underwood.
H.J. Res. 353: Mr. Bachus of Alabama, Ms. DeLauro, Mr.
Darden, Mr. Engel, Mr. Minge, and Ms. Molinari.
H.J. Res. 374: Mr. Frost, Mrs. Thurman, Mr. Lightfoot, Mr.
Wise, Mr. Martinez, Ms. Pryce of Ohio, Mr. Greenwood, and Ms.
DeLauro.
H. Con. Res. 253: Mr. Thompson, Mr. Deutsch, Mr. Smith of
New Jersey, and Mr. Torricelli.
H. Res. 463: Mr. Frost and Mr. Taylor of North Carolina.
.
TUESDAY, JUNE 28, 1994 (71)
Para. 71.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
MONTGOMERY, at 10:30 a.m., who laid before the House the following
communication:
Washington, DC,
June 28, 1994.
I hereby designate the Honorable G.V. (Sonny) Montgomery to
act as Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Whereupon, pursuant to the order of the House of Friday, February 11,
1994, and Friday, June 10, 1994, Members were recognized for ``morning
hour'' debates.
Para. 71.2 recess--11:27 a.m.
The SPEAKER pro tempore, Ms. CANTWELL, pursuant to clause 12 of rule
I, declared the House in recess at 11 o'clock and 27 minutes until 12
o'clock noon.
Para. 71.3 after recess--12:00 noon
The SPEAKER called the House to order.
Para. 71.4 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Monday, June 27, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 71.5 john f. kennedy center
Mr. TRAFICANT moved to suspend the rules and agree to the following
amendment of the Senate to the bill (H.R. 3567) to amend the John F.
Kennedy Center Act to transfer operating responsibilities to the Board
of Trustees of the John F. Kennedy Center for the Performing Arts, and
for other purposes:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``John F. Kennedy Center Act
Amendments of 1994''.
SEC. 2. FINDINGS, BUREAU, BOARD OF TRUSTEES, AND ADVISORY
COMMITTEE.
(a) Findings.--Section 1 of the John F. Kennedy Center Act
(20 U.S.C. 76h note) is amended--
(1) by striking ``Section 1.'' and inserting the following:
``SECTION 1. SHORT TITLE AND FINDINGS.
``(a) Short Title.--''; and
(2) by adding at the end the following new subsection:
``(b) Findings.--Congress finds that--
``(1) the late John Fitzgerald Kennedy served with
distinction as President of the United States and as a Member
of the Senate and the House of Representatives;
``(2) by the untimely death of John Fitzgerald Kennedy the
United States and the world have suffered a great loss;
``(3) the late John Fitzgerald Kennedy was particularly
devoted to education and cultural understanding and the
advancement of the performing arts;
``(4) it is fitting and proper that a living institution of
the performing arts, designated as the National Center for
the Performing Arts, named in the memory and honor of this
great leader, shall serve as the sole national monument to
his memory within the District of Columbia and its environs;
``(5) such a living memorial serves all of the people of
the United States by preserving, fostering, and transmitting
the performing arts traditions of the people of the United
States and other countries by producing and presenting music,
opera, theater, dance, and other performing arts; and
``(6) such a living memorial should be housed in the John
F. Kennedy Center for the Performing Arts, located in the
District of Columbia.''.
(b) Ex Officio Trustees.--
(1) In general.--Section 2 of such Act (20 U.S.C. 76h) is
amended--
(A) by striking the section heading and all that follows
before ``There is hereby'' and inserting the following:
``SEC. 2. BOARD OF TRUSTEES.
``(a) Establishment.--'';
(B) in the first sentence, by inserting ``as the National
Center for the Performing Arts, a living memorial to John
Fitzgerald Kennedy,'' after ``thereof''; and
(C) in the second sentence--
(i) by striking ``Chairman of the District of Columbia
Recreation Board'' and inserting ``Superintendent of Schools
of the District of Columbia''; and
(ii) by striking ``three Members of the Senate'' and all
that follows before ``ex officio'' and inserting ``the
chairman and ranking minority member of the Committee on
Public Works and Transportation of the House of
Representatives and 3 additional Members of the House of
Representatives appointed by the Speaker of the House of
Representatives, and the chairman and ranking minority member
of the Committee on Environment and Public Works of the
Senate and 3 additional Members of the Senate appointed by
the President of the Senate''.
(2) Effective dates.--
(A) Superintendent of schools of the district of
columbia.--The amendment made by paragraph (1)(C)(i) shall
take effect on the date of expiration of the term of the
Chairman of the District of Columbia Recreation Board serving
as a trustee of the John F. Kennedy Center for the Performing
Arts on the date of enactment of this Act.
(B) Members of congress.--The amendment made by paragraph
(1)(C)(ii) shall take effect on the date of enactment of this
Act.
(c) General Trustees.--Subsection (b) of section 2 of such
Act is amended to read as follows:
``(b) General Trustees.--The general trustees shall be
appointed by the President of the United States. Each trustee
shall hold office as a member of the Board for a term of 6
years, except that--
``(1) any member appointed to fill a vacancy occurring
before the expiration of the term for which the predecessor
of the member was appointed shall be appointed for the
remainder of the term;
``(2) a member shall continue to serve until the successor
of the member has been appointed; and
``(3) the term of office of a member appointed before the
date of enactment of the John F. Kennedy Center Act
Amendments of 1994 shall expire as designated at the time of
appointment.''.
(d) Advisory Committee on the Arts.--Section 2(c) of such
Act is amended--
(1) by inserting ``Advisory Committee on the Arts.--''
before ``There shall be'';
(2) in the first sentence, by inserting ``of the United
States'' after ``President'' the first place it appears;
(3) in the fifth sentence, by striking ``cultural
activities to be carried on in'' and inserting ``cultural
activities to be carried out by''; and
(4) in the last sentence, by striking all that follows
``compensation'' and inserting a period.
SEC. 3. DUTIES OF THE BOARD.
Section 4 of the John F. Kennedy Center Act (20 U.S.C. 76j)
is amended by striking the section heading and all that
follows through the period at the end of subsection (a) and
inserting the following:
``SEC. 4. DUTIES OF THE BOARD.
``(a) Programs, Activities, and Goals.--
``(1) In general.--The Board shall--
``(A) present classical and contemporary music, opera,
drama, dance, and other performing arts from the United
States and other countries;
``(B) promote and maintain the John F. Kennedy Center for
the Performing Arts as the National Center for the Performing
Arts--
``(i) by developing and maintaining a leadership role in
national performing arts edu-
[[Page 1170]]
cation policy and programs, including developing and
presenting original and innovative performing arts and
educational programs for children, youth, families, adults,
and educators designed specifically to foster an appreciation
and understanding of the performing arts;
``(ii) by developing and maintaining a comprehensive and
broad program for national and community outreach, including
establishing model programs for adaptation by other
presenting and educational institutions; and
``(iii) by conducting joint initiatives with the national
education and outreach programs of the Very Special Arts, an
entity affiliated with the John F. Kennedy Center for the
Performing Arts which has an established program for the
identification, development, and implementation of model
programs and projects in the arts for disabled individuals;
``(C) strive to ensure that the education and outreach
programs and policies of the John F. Kennedy Center for the
Performing Arts meet the highest level of excellence and
reflect the cultural diversity of the United States;
``(D) provide facilities for other civic activities at the
John F. Kennedy Center for the Performing Arts;
``(E) provide within the John F. Kennedy Center for the
Performing Arts a suitable memorial in honor of the late
President;
``(F) develop, and update annually, a comprehensive
building needs plan for the features of the John F. Kennedy
Center for the Performing Arts in existence on the date of
enactment of the John F. Kennedy Center Act Amendments of
1994;
``(G) with respect to each feature of the building and site
of the John F. Kennedy Center for the Performing Arts that is
in existence on the date of enactment of the John F. Kennedy
Center Act Amendments of 1994 (including a theater, the
garage, the plaza, or a building walkway), plan, design, and
construct each capital repair, replacement, improvement,
rehabilitation, alteration, or modification necessary for the
feature; and
``(H) provide--
``(i) information and interpretation; and
``(ii) with respect to each feature of the building and
site of the John F. Kennedy Center for the Performing Arts
that is in existence on the date of enactment of the John F.
Kennedy Center Act Amendments of 1994 (including a theater,
the garage, the plaza, or a building walkway), all necessary
maintenance, repair, and alteration of, and all janitorial,
security, and other services and equipment necessary for the
operation of, the feature, in a manner consistent with
requirements for high quality operations.
``(2) Administrative powers and duties.--
``(A) Authority to enter into contracts.--The Board, in
accordance with applicable law, may enter into contracts or
other arrangements with, and make payments to, public
agencies or private organizations or other private persons in
order to carry out the functions of the Board under this Act.
The authority described in the preceding sentence includes
utilizing the services and facilities of other agencies,
including the Department of the Interior, the General
Services Administration, and the Smithsonian Institution.
``(B) Preparation of budget.--The Board shall prepare a
budget pursuant to sections 1104, 1105(a), and 1513(b) of
title 31, United States Code.
``(C) Use of agency personnel.--The Board may utilize or
employ the services of the personnel of any agency or
instrumentality of the Federal Government or the District of
Columbia, with the consent of the agency or the
instrumentality concerned, on a reimbursable basis, and
utilize voluntary and uncompensated personnel.
``(D) Selection of contractors.--In carrying out the duties
of the Board under this Act, the Board may negotiate any
contract for an environmental system for, a protection system
for, or a repair to, maintenance of, or restoration of the
John F. Kennedy Center for the Performing Arts with selected
contractors and award the contract on the basis of contractor
qualifications as well as price.
``(E) Maintenance of halls.--The Board shall maintain the
Hall of Nations, the Hall of States, and the Grand Foyer of
the John F. Kennedy Center for the Performing Arts in a
manner that is suitable to a national performing arts center
that is operated as a Presidential memorial and in a manner
consistent with other national Presidential memorials.
``(F) Maintenance of grounds.--The Board shall manage and
operate the grounds of the John F. Kennedy Center for the
Performing Arts in a manner consistent with National Park
Service regulations and agreements in effect on the date of
enactment of the John F. Kennedy Center Act Amendments of
1994. No change in the management and operation of the
grounds may be made without the express approval of Congress
and of the Secretary of the Interior.''.
SEC. 4. OFFICERS AND EMPLOYEES; REVIEW OF BOARD ACTIONS.
(a) Solicitation and Acceptance of Gifts.--Section 5 of the
John F. Kennedy Center Act (20 U.S.C. 76k) is amended--
(1) by striking the section heading and all that follows
through ``(a)'' and inserting the following:
``SEC. 5. POWERS OF THE BOARD.
``(a) Solicitation and Acceptance of Gifts.--''; and
(2) in subsection (a), by striking ``Smithsonian
Institution'' and inserting ``John F. Kennedy Center for the
Performing Arts, as a bureau of the Smithsonian
Institution,''.
(b) Appointment of Officers and Employees.--Subsection (b)
of section 5 of such Act is amended to read as follows:
``(b) Appointment of Officers and Employees.--
``(1) Chairperson and secretary.--The Board shall appoint
and fix the compensation and duties of a Chairperson of the
John F. Kennedy Center for the Performing Arts, who shall
serve as the chief executive officer of the Center, and a
Secretary of the John F. Kennedy Center for the Performing
Arts. The Chairperson and Secretary shall be well qualified
by experience and training to perform the duties of their
respective offices.
``(2) Senior level executive and other employees.--The
Chairperson of the John F. Kennedy Center for the Performing
Arts may appoint--
``(A) a senior level executive who, by virtue of the
background of the individual, shall be well suited to be
responsible for facilities management and services and who
may, without regard to the provisions of title 5, United
States Code, be appointed and compensated with appropriated
funds, except that the compensation may not exceed the
maximum rate of pay prescribed for level IV of the Executive
Schedule under section 5315 of title 5, United States Code;
and
``(B) such other officers and employees of the John F.
Kennedy Center for the Performing Arts as may be necessary
for the efficient administration of the functions of the
Board.''.
(c) Transfers; Review of Board Actions.--Section 5 of such
Act is amended by striking subsection (c) and inserting the
following new subsections:
``(c) Transfer of Property.--Not later than October 1,
1995, the property, liabilities, contracts, records, and
unexpended balances of appropriations, authorizations,
allocations, and other funds employed, held, used, arising
from, available to, or to be made available in connection
with the functions transferred from the Secretary of the
Interior pursuant to the amendments made by the John F.
Kennedy Center Act Amendments of 1994 shall be transferred,
subject to section 1531 of title 31, United States Code, to
the Board as the Board and the Secretary of the Interior may
determine appropriate. Unexpended funds transferred pursuant
to this subsection shall be used only for the purposes for
which, and subject to the terms under which, the funds were
originally authorized and appropriated.
``(d) Transfer of Personnel.--
``(1) In general.--Employees of the National Park Service
assigned to duties related to the functions being undertaken
by the Board shall be transferred with their functions to the
Board not later than October 1, 1995.
``(2) Rights and benefits.--Transferred employees shall
remain in the Federal competitive service and retain all
rights and benefits provided under title 5, United States
Code. For a period of not less than 3 years after the date of
transfer of an employee under paragraph (1), the transferred
employee shall retain the right of priority consideration
under merit promotion procedures or lateral reassignment for
all vacancies within the Department of the Interior.
``(3) Park police.--All United States Park Police and Park
Police guard force employees assigned to the John F. Kennedy
Center for the Performing Arts shall remain employees of the
National Park Service.
``(4) Costs.--All usual and customary costs associated with
any adverse action or grievance proceeding resulting from the
transfer of functions under this section that are incurred
before October 1, 1995, shall be paid from funds appropriated
to the John F. Kennedy Center for the Performing Arts.
``(5) Reorganization authority.--Nothing contained in this
section shall prohibit the Board from reorganizing functions
at the John F. Kennedy Center for the Performing Arts in
accordance with laws governing reorganizations.
``(e) Review of Board Actions.--The actions of the Board
relating to performing arts and to payments made or directed
to be made by the Board from any trust funds shall not be
subject to review by any officer or agency other than a court
of law.
``(f) Collective Bargaining.--
``(1) Definition.--As used in this subsection, the term
`theatrical employee' means a nonappropriated fund employee
of the Board, who is engaged in a box office, performing, or
theatrical trade that is the subject of a collective
bargaining agreement as of January 1, 1994, including any
change in the trade as a result of a technological advance.
``(2) Collective bargaining.--
``(A) In general.--For the purposes of the National Labor
Relations Act (29 U.S.C. 151 et seq.) and the Labor-
Management Relations Act, 1947 (29 U.S.C. 141 et seq.)--
``(i) each theatrical employee shall be considered to be an
`employee' within the meaning of section 2(3) of the National
Labor Relations Act (29 U.S.C. 152(3)); and
``(ii) with respect to a theatrical employee, the Board
shall be considered to be an `employer' within the meaning of
section 2(2) of the National Labor Relations Act (29 U.S.C.
152(2)).
``(B) Rights and obligations.--With respect to each
theatrical employee, the theatrical employee and the Board
shall have all of the rights and obligations specified in
such Acts.''.
[[Page 1171]]
SEC. 5. REVIEWS, AUDITS, AND CLAIMS.
Section 6 of the John F. Kennedy Center Act (20 U.S.C. 76l)
is amended--
(1) in subsection (c), by striking ``its operations'' and
inserting ``the operations of the Board''; and
(2) by striking subsections (e) and (f) and inserting the
following new subsections:
``(d) Audit of Accounts.--Not less than once every 3 years,
the Comptroller General shall review and audit the accounts
of the John F. Kennedy Center for the Performing Arts for the
purpose of examining expenditures of funds appropriated under
the authority provided by this Act.
``(e) Inspector General.--The functions of the Board funded
by funds appropriated pursuant to section 12 shall be subject
to the requirements for a Federal entity under the Inspector
General Act of 1978 (5 U.S.C. App. 3). The Inspector General
of the Smithsonian Institution is authorized to carry out the
requirements of such Act on behalf of the Board, on a
reimbursable basis when requested by the Board.
``(f) Property and Personnel Compensation.--
``(1) In general.--The Board may procure insurance against
any loss in connection with the property of the Board and
other assets administered by the Board. Each employee and
volunteer of the Board shall be considered to be a civil
employee of the United States (within the meaning of the term
`employee' as defined in section 8101(1) of title 5, United
States Code), except that the Board shall continue to provide
benefits with respect to any disability or death resulting
from a personal injury to a nonappropriated fund employee of
the Board sustained while in the performance of the duties of
the employee for the Board pursuant to the workers
compensation statute of the jurisdiction in which the John F.
Kennedy Center for the Performing Arts is located. The
disability or death benefits referred to in the preceding
sentence, whether under the workers compensation statute
referred to in the preceding sentence or under chapter 81 of
title 5, United States Code, shall continue to be the
exclusive liability of the Board and the United States with
respect to all employees and volunteers of the Board.
``(2) Federal tort claims.--For the purposes of chapter 171
of title 28, United States Code, an employee of the Board
shall be considered to be an `employee of the government' and
the Board shall be considered to be a `Federal agency'. No
employee of the Board may bring suit against the United
States or the Board under the Federal tort claims procedure
of chapter 171 of title 28, United States Code, for
disability or death resulting from personal injury sustained
while in the performance of the duties of the employee for
the Board.''.
SEC. 6. TECHNICAL AMENDMENTS.
Section 10 of the John F. Kennedy Center Act (20 U.S.C.
76p) is amended--
(1) by striking ``he'' and inserting ``the Secretary''; and
(2) by striking ``his judgment'' and inserting ``the
judgment of the Secretary''.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
The John F. Kennedy Center Act (20 U.S.C. 76h et seq.) is
amended by adding at the end the following new section:
``SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
``(a) Maintenance, Repair, and Security.--There are
authorized to be appropriated to the Board to carry out
section 4(a)(1)(H) $12,000,000 for each of fiscal years 1995
through 1999.
``(b) Capital Projects.--There are authorized to be
appropriated to the Board to carry out subparagraphs (F) and
(G) of section 4(a)(1) $9,000,000 for each of fiscal years
1995 through 1999.
``(c) Limitation on Use of Funds.--No funds appropriated
pursuant to this section may be used for any direct expense
incurred in the production of a performing arts attraction,
for personnel who are involved in performing arts
administration (including any supply or equipment used by the
personnel), or for production, staging, public relations,
marketing, fundraising, ticket sales, or education. Funds
appropriated directly to the Board shall not affect nor
diminish other Federal funds sought for any performing arts
function and may be used to reimburse the Board for that
portion of costs that are Federal costs reasonably allocated
to building services and theater maintenance and repair.''.
SEC. 8. DEFINITIONS.
The John F. Kennedy Center Act (20 U.S.C. 76h et seq.) (as
amended by section 7) is further amended by adding at the end
the following new section:
``SEC. 13. DEFINITIONS.
``As used in this Act, the terms `building and site of the
John F. Kennedy Center for the Performing Arts' and `grounds
of the John F. Kennedy Center for the Performing Arts' refer
to the site in the District of Columbia on which the John F.
Kennedy Center building is constructed and that extends to
the line of the west face of the west retaining walls and
curbs of the Inner Loop Freeway on the east, the north face
of the north retaining walls and curbs of the Theodore
Roosevelt Bridge approaches on the south, the east face of
the east retaining walls and curbs of Rock Creek Parkway on
the west, and the south curbs of New Hampshire Avenue and F
Street on the north, as generally depicted on the map
entitled `Transfer of John F. Kennedy Center for the
Performing Arts', numbered 844/82563, and dated April 20,
1994, which shall be on file and available for public
inspection in the office of the National Capital Region,
National Park Service, Department of the Interior.''.
SEC. 9. RULES AND REGULATIONS.
(a) Authority to Prescribe.--Section 5(a) of the Act of
October 24, 1951 (65 Stat. 634; chapter 559; 40 U.S.C.
193r(a)), is amended--
(1) by striking ``Institution and'' and inserting
``Institution,''; and
(2) by inserting ``, and the Trustees of the John F.
Kennedy Center for the Performing Arts,'' after ``National
Gallery of Art''.
(b) Authority to Suspend.--Section 8 of such Act (40 U.S.C.
193u) is amended by striking ``the Secretary of the
Smithsonian Institution or the Trustees of the National
Gallery of Art or'' each place it appears and inserting ``the
Secretary of the Smithsonian Institution, the Trustees of the
National Gallery of Art, the Trustees of the John F. Kennedy
Center for the Performing Arts, or''.
(c) Buildings and Grounds Defined.--Section 9 of such Act
(40 U.S.C. 193v) is amended by adding at the end the
following new paragraph:
``(3) The site of the John F. Kennedy Center for the
Performing Arts, which shall be held to extend to the line of
the west face of the west retaining walls and curbs of the
Inner Loop Freeway on the east, the north face of the north
retaining walls and curbs of the Theodore Roosevelt Bridge
approaches on the south, the east face of the east retaining
walls and curbs of Rock Creek Parkway on the west, and the
south curbs of New Hampshire Avenue and F Street on the
north, as generally depicted on the map entitled `Transfer of
John F. Kennedy Center for the Performing Arts', numbered
844/82563, and dated April 20, 1994, which shall be on file
and available for public inspection in the office of the
National Capital Region, National Park Service, Department of
the Interior.''.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. TRAFICANT and
Mr. DUNCAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said amendment?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said amendment was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said amendment was agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
Para. 71.6 antitrust and communications reform
Mr. BROOKS moved to suspend the rules and pass the bill (H.R. 3626) to
supersede the Modification of Final Judgment entered August 24, 1982, in
the antitrust action styled U.S. v. Western Electric, Civil Action No.
82-0192, United States District Court for the District of Columbia; to
amend the Communications Act of 1934 to regulate the manufacturing of
Bell operating companies, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. BROOKS and Mr.
FISH, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. PETRI demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
Para. 71.7 telephone/cable communications competition
Mr. MARKEY moved to suspend the rules and pass the bill (H.R. 3636) to
promote a national communications infrastructure to encourage deployment
of advanced communications services through competition, and for other
purposes; as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. MARKEY and Mr.
FIELDS of Texas, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
[[Page 1172]]
Mr. FIELDS of Texas demanded that the vote be taken by the yeas and
nays, which demand was supported by one-fifth of the Members present, so
the yeas and nays were ordered.
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
Para. 71.8 h.r. 3626--unfinished business
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and pass the bill (H.R. 3626) to supersede the Modification of Final
Judgment entered August 24, 1982, in the antitrust action styled U.S. v.
Western Electric, Civil Action No. 82-0192, United States District Court
for the District of Columbia; to amend the Communications Act of 1934 to
regulate the manufacturing of Bell operating companies, and for other
purposes; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
423
<3-line {>
affirmative
Nays
5
Para. 71.9 [Roll No. 292]
YEAS--423
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Washington
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--5
Gonzalez
Holden
Obey
Petri
Yates
NOT VOTING--6
Dornan
Flake
Hilliard
Hoke
Pombo
Ridge
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 71.10 h.r. 3636--unfinished business
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 3636) to promote a national
communications infrastructure to encourage deployment of advanced
communications services through competition, and for other purposes; as
amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
423
<3-line {>
affirmative
Nays
4
Para. 71.11 [Roll No. 293]
YEAS--423
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
[[Page 1173]]
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Washington
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--4
Gonzalez
Obey
Petri
Yates
NOT VOTING--7
Carr
Dornan
Flake
Hilliard
Lambert
Pombo
Ridge
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 71.12 clerk to correct engrossment--h.r. 3626
On motion of Mr. BROOKS, by unanimous consent,
Ordered, That in the engrossment of the bill (H.R. 3626) to supersede
the Modification of Final Judgment entered August 24, 1992, in the
antitrust action styled U.S. v. Western, Civil Action No. 82-0192,
United States District Court for the District of Columbia to amend the
Communications Act of 1934 to regulate the manufacturing of Bell
operating companies, and for other purposes, the Clerk be authorized
to--
(1) delete title III of H.R. 3626,
(2) add at the end of title II of H.R. 3626 the text of titles I
through IV of H.R. 3636,
(3) redesignate titles I through IV of H.R. 3636 as titles III through
VI of H.R. 3626,
(4) redesignate section numbers and references thereto, accordingly,
and
(5) conform the table of contents and to make such other technical and
conforming changes as may be necessary.
By unanimous consent, H.R. 3636 was laid on the table.
Para. 71.13 waiving points of order against h.r. 4649
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-564) the resolution (H. Res. 466) waiving certain points of
order against the bill (H.R. 4649) making appropriations for the
government of the District of Columbia and other activities chargeable
in whole or in part against the revenues of said District for the fiscal
year ending September 30, 1995, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 71.14 providing for the consideration of h.r. 4600
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-565) the resolution (H. Res. 467) providing for consideration of
the bill (H.R. 4600) to amend the Congressional Budget and Impoundment
Control Act of 1974 to provide for the expedited consideration of
certain proposed rescissions of budget authority.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 71.15 providing for the consideration of h.r. 4299
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-566) the resolution (H. Res. 468) providing for consideration of
the bill (H.R. 4299) to authorize appropriations for fiscal year 1995
for intelligence, and intelligence-related activities of the United
States Government, the Community Management Account, and the Central
Intelligence Agency Retirement and Disability System, and for other
purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 71.16 labor, hhs, and education appropriations
Mr. SMITH of Iowa moved that the House resolve itself into the
Committee of the Whole House on the state of the Union for the
consideration of the bill (H.R. 4606) making appropriations for the
Departments of Labor, Health and Human Services, and Education, and
related agencies, for the fiscal year ending September 30, 1995, and for
other purposes.
Pending said motion,
On motion of Mr. SMITH of Iowa, by unanimous consent,
Ordered, That time for general debate continue not to exceed one hour
to be equally divided and controlled by Mr. SMITH of Iowa and Mr.
PORTER.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that the yeas had
it.
So the motion was agreed to.
Accordingly,
The House resolved itself into the Committee of the Whole House on the
state of the Union for the consideration of said bill.
The SPEAKER pro tempore, Mr. MONTGOMERY, by unanimous consent,
designated Mr. SHARP as Chairman of the Committee of the Whole; and
after some time spent therein,
The SPEAKER pro tempore, Mrs. MINK, assumed the Chair.
When Mr. SHARP, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
Para. 71.17 legislative branch appropriations
On motion of Mr. FAZIO, by unanimous consent, the bill (H.R. 4454)
making appropriations for the Legislative Branch for the fiscal year
ending September 30, 1995, and for other purposes; together with the
amendments of the Senate thereto, was taken from the Speaker's table.
When on motion of Mr. FAZIO, it was,
Resolved, That the House disagree to the amendments of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Ordered, That the Clerk notify the Senate thereof.
Para. 71.18 motion to instruct conferees--h.r. 4454
Mr. YOUNG of Florida moved that the managers on the part of the House
at the conference on the disagreeing votes of the two Houses on H.R.
4454, be instructed to insist on the House position on the amendment of
the Senate numbered 24.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct.
The question being put, viva voce,
Will the House agree to said motion to instruct?
[[Page 1174]]
The SPEAKER pro tempore, Mrs. MINK, announced that the yeas had it.
So the motion to instruct was agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
Para. 71.19 appointment of conferees--h.r. 4454
Thereupon, the SPEAKER pro tempore, Mrs. MINK, by unanimous consent,
announced the appointment of Messrs. Fazio, Moran, Obey, Murtha, Carr,
Chapman, Sabo, Young of Florida, Packard, Taylor of North Carolina, and
McDade, as managers on the part of the House at said conference.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 71.20 labor, hhs, and education appropriations
Mr. SMITH of Iowa moved that the House resolve itself into the
Committee of the Whole House on the state of the Union for the further
consideration of the bill (H.R. 4606) making appropriations for the
Departments of Labor, Health and Human Services, and Education, and
related agencies, for the fiscal year ending September 30, 1995, and for
other purposes.
The question being put, viva voce,
Will the House resolve itself into the Committee?
The SPEAKER pro tempore, Mrs. MINK, announced that the yeas had it.
So the motion was agreed to.
Accordingly,
The House resolved itself into the Committee of the Whole House on the
state of the Union for the further consideration of said bill.
The Chairman, Mr. SHARP, resumed the Chair; and after some time spent
therein,
Para. 71.21 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendments en bloc submitted by Mr. PORTER:
On page 8, line 4, strike ``$30,411,000'' and insert in
lieu thereof ``$29,784,000'';
On page 8, line 8, strike ``$66,388,000'' and insert in
lieu thereof ``$63,959,000'';
On page 9, line 9, strike ``$242,860,000'' and insert in
lieu thereof ``$237,791,00'';
On page 13, line 6, strike ``$312,500,000'' and insert in
lieu thereof ``$296,428,000'';
On page 15, line 19, strike ``$197,519,000'' and insert in
lieu thereof ``$194,607,000'';
On page 16, line 23, strike ``$296,761,000'' and insert in
lieu thereof ``$291,101,000'';
On page 17, line 1, strike ``$54,102,000'' and insert in
lieu thereof ``$51,927,000'';
On page 17, line 9, strike ``$156,002,000'' and insert in
lieu thereof ``$143,459,000'';
On page 20, line 17, strike ``$3,008,225,000'' and insert
in lieu thereof ``$3,121,225,000'';
On page 40, line 3, strike ``$4,408,775,000'' and insert in
lieu thereof ``$4,402,690,000'';
On page 52, line 26, strike ``$359,358,000'' and insert in
lieu thereof ``$346,008,000''; and
On page 53, line 4, strike ``$58,325,000'' and insert in
lieu thereof ``$56,570,000''.
It was decided in the
Yeas
224
<3-line {>
affirmative
Nays
205
Para. 71.22 [Roll No. 294]
AYES--224
Allard
Andrews (ME)
Andrews (TX)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Brewster
Bunning
Burton
Buyer
Calvert
Camp
Canady
Castle
Chapman
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Cox
Crane
Crapo
Cunningham
de la Garza
Deal
DeLay
Derrick
Dickey
Dicks
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
Everett
Ewing
Fawell
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hoagland
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson (GA)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kreidler
Kyl
Lambert
Lancaster
Laughlin
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lloyd
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McCurdy
McDade
McHugh
McInnis
McKeon
McMillan
Meehan
Meyers
Mica
Michel
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Myers
Neal (NC)
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Penny
Peterson (MN)
Petri
Pickett
Pickle
Pomeroy
Porter
Portman
Quillen
Quinn
Ramstad
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stump
Stupak
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Valentine
Volkmer
Vucanovich
Walker
Walsh
Weldon
Williams
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--205
Abercrombie
Ackerman
Andrews (NJ)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de Lugo (VI)
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dingell
Dixon
Durbin
Edwards (CA)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Glickman
Gonzalez
Green
Gutierrez
Hall (OH)
Hamburg
Harman
Hastings
Hefner
Hinchey
Hochbrueckner
Holden
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
LaFalce
Lantos
LaRocco
Lehman
Levin
Lewis (GA)
Lipinski
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
McNulty
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Moran
Murphy
Murtha
Nadler
Neal (MA)
Norton (DC)
Oberstar
Obey
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Romero-Barcelo (PR)
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Skaggs
Slattery
Slaughter
Smith (IA)
Stark
Stokes
Strickland
Studds
Swift
Synar
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Velazquez
Vento
Visclosky
Waters
Watt
Waxman
Wheat
Whitten
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--10
Callahan
Faleomavaega (AS)
Fields (TX)
Flake
Hilliard
Olver
Pombo
Pryce (OH)
Ridge
Washington
So the amendments en bloc were agreed to.
After some further time,
Para. 71.23 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. BOEHNER:
Page 45, line 9, strike ``$1,424,513,000'' and insert
``$1,416,363,000''.
It was decided in the
Yeas
188
<3-line {>
negative
Nays
233
Para. 71.24 [Roll No. 295]
AYES--188
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cooper
Coppersmith
Costello
Cox
Crane
Crapo
Cunningham
Deal
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fingerhut
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
[[Page 1175]]
Goss
Grams
Gunderson
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hoagland
Hobson
Hoekstra
Hoke
Holden
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson (SD)
Johnson, Sam
Kasich
Kim
Kingston
Klug
Knollenberg
Kolbe
Kyl
LaFalce
Lambert
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Mann
Manzullo
Margolies-Mezvinsky
McCandless
McCollum
McCrery
McCurdy
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Miller (FL)
Minge
Molinari
Moorhead
Morella
Myers
Nussle
Orton
Oxley
Packard
Paxon
Penny
Petri
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Strickland
Stump
Sundquist
Swett
Talent
Tauzin
Taylor (NC)
Thomas (CA)
Thomas (WY)
Thurman
Torkildsen
Torricelli
Upton
Vucanovich
Walker
Walsh
Wolf
Zeliff
Zimmer
NOES--233
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilman
Glickman
Gonzalez
Gordon
Grandy
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hastings
Hefner
Hinchey
Hochbrueckner
Horn
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
King
Kleczka
Klein
Klink
Kopetski
Kreidler
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Manton
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Romero-Barcelo (PR)
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Swift
Synar
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Torres
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
NOT VOTING--18
Bateman
Carr
Chapman
DeFazio
Faleomavaega (AS)
Fields (TX)
Fish
Greenwood
Harman
Hilliard
Hoyer
Michel
Owens
Pombo
Ridge
Washington
Weldon
Whitten
So the amendment was not agreed to.
The SPEAKER resumed the Chair.
When Mr. SHARP, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
Para. 71.25 order of business--consideration of amendments--h.r. 4606
On motion of Mr. SMITH of Iowa, by unanimous consent,
Ordered, That when the Committee of the Whole resumes further
consideration of H.R. 4606 it may proceed according to the following
order: (1) the bill shall be considered as read through page 56, line
11, and open for amendment from page 45, line 13, through page 56, line
11; (2) after disposition of any points of order against the pending
portion of the bill, and before the consideration of any other
amendment, the following amendments to that portion of the bill shall be
in order in the following sequence: the amendment submitted by Mr. Mica,
the amendment submitted by Mr. Baker of California, the amendment
submitted by Mr. Crane, and the amendment submitted by Mr. Grams; (3)
debate on each of the foregoing amendments (and any amendments thereto)
shall be limited to 20 minutes equally divided and controlled by the
proponent and an opponent; and (4) the Chairman of the Committee of the
Whole may postpone until after disposition of the amendment of Mr. Grams
a request for a recorded vote on any of the other foregoing amendments;
and
Ordered further, That the Chairman of the Committee of the Whole may
reduce to not less than five minutes the time for voting by electronic
device on any postponed question that immediately follows another vote
by electronic device without intervening business, provided that the
time for voting by electronic device on the first in any series of
questions shall not be less than 15 minutes.
Para. 71.26 labor, hhs, and education appropriations
Mr. SMITH of Iowa moved that the House resolve itself into the
Committee of the Whole House on the state of the Union for the further
consideration of the bill (H.R. 4606) making appropriations for the
Departments of Labor, Health and Human Services, and Education, and
related agencies, for the fiscal year ending September 30, 1995, and for
other purposes.
The question being put, viva voce,
Will the House resolve itself into the Committee?
The SPEAKER announced that the yeas had it.
So the motion was agreed to.
Accordingly,
The House resolved itself into the Committee of the Whole House on the
state of the Union for the further consideration of said bill.
The Chairman, Mr. SHARP, resumed the Chair; and after some time spent
therein,
Para. 71.27 call in committee
Mr. SHARP, Chairman, announced that the Committee, having had under
consideration said bill, finding itself without a quorum, directed the
Members to record their presence by electronic device, and the
following-named Members responded--
Para. 71.28 [Roll No. 296]
ANSWERED ``PRESENT''--413
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
[[Page 1176]]
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Morella
Murphy
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Petri
Pickett
Pickle
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
Thereupon, Mr. SHARP, Chairman, announced that 413 Members had been
recorded, a quorum.
The Committee resumed its business.
After some further time,
Para. 71.29 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. GRAMS:
Page 49, line 11, strike ``$954,686,000'' and insert
``$939,766,000''.
It was decided in the
Yeas
194
<3-line {>
negative
Nays
232
Para. 71.30 [Roll No. 297]
AYES--194
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barca
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehner
Bonilla
Brewster
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Coble
Collins (GA)
Combest
Condit
Cooper
Costello
Cox
Crane
Crapo
Cunningham
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fingerhut
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gillmor
Gingrich
Glickman
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hoagland
Hobson
Hoekstra
Hoke
Holden
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Johnson, Sam
Kanjorski
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Laughlin
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lucas
Machtley
Manzullo
Margolies-Mezvinsky
McCandless
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meehan
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Myers
Nussle
Orton
Oxley
Packard
Paxon
Penny
Peterson (MN)
Petri
Pickett
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Sangmeister
Santorum
Sarpalius
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Skelton
Smith (MI)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Weldon
Wolf
Zeliff
Zimmer
NOES--232
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Boehlert
Bonior
Borski
Boucher
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gallo
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gilman
Gonzalez
Gordon
Grandy
Green
Gutierrez
Hall (OH)
Hamburg
Harman
Hastings
Hefner
Hinchey
Hochbrueckner
Hoyer
Hughes
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Lehman
Levin
Lewis (GA)
Lloyd
Long
Lowey
Maloney
Mann
Manton
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McKinney
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickle
Pomeroy
Porter
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rogers
Romero-Barcelo (PR)
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Saxton
Schenk
Schroeder
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt
Waxman
Wheat
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
NOT VOTING--13
Carr
Chapman
Faleomavaega (AS)
Fields (TX)
Fish
Hilliard
Michel
Moran
Pombo
Ridge
Schumer
Washington
Whitten
So the amendment was not agreed to.
Para. 71.31 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. MICA:
bilingual and immigrant education
Page 45, line 21, strike ``$247,572,000'' and insert
``272,572,000,'' and, line 22, strike ``$50,000,000'' and
insert ``$75,000,000.''
It was decided in the
Yeas
35
<3-line {>
negative
Nays
393
Para. 71.32 [Roll No. 298]
AYES--35
Baker (CA)
Becerra
Bilirakis
Bonilla
Calvert
Canady
de la Garza
Deutsch
Diaz-Balart
Eshoo
Farr
Filner
Fowler
Franks (NJ)
Goodling
Goss
Gutierrez
Harman
Hutto
Johnson (CT)
Kim
Knollenberg
Lewis (CA)
Lewis (FL)
McCollum
Mica
Miller (FL)
Molinari
Oxley
Pastor
Ros-Lehtinen
Schenk
Shaw
Stearns
Thurman
[[Page 1177]]
NOES--393
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Camp
Cantwell
Cardin
Carr
Castle
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de Lugo (VI)
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Evans
Everett
Ewing
Fawell
Fazio
Fields (LA)
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Gordon
Grams
Grandy
Green
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
King
Kingston
Kleczka
Klein
Klink
Klug
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Packard
Pallone
Parker
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schiff
Schroeder
Scott
Sensenbrenner
Serrano
Sharp
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--11
Chapman
Faleomavaega (AS)
Fields (TX)
Fish
Hilliard
Michel
Pombo
Ridge
Schumer
Washington
Whitten
So the amendment was not agreed to.
Para. 71.33 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. BAKER of
California:
On page 52, line 19, strike ``$114,996,000'' and insert in
lieu thereof ``$115,996,000''.
It was decided in the
Yeas
319
<3-line {>
affirmative
Nays
109
Para. 71.34 [Roll No. 299]
AYES--319
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Bateman
Bereuter
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Borski
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Castle
Clinger
Coble
Collins (GA)
Collins (IL)
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
de la Garza
de Lugo (VI)
DeFazio
DeLay
Derrick
Diaz-Balart
Dickey
Dicks
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
Engel
English
Everett
Ewing
Farr
Fawell
Fields (LA)
Filner
Fingerhut
Foglietta
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Herger
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lucas
Machtley
Maloney
Manzullo
Margolies-Mezvinsky
Mazzoli
McCandless
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McMillan
Meehan
Menendez
Meyers
Mfume
Mica
Miller (CA)
Miller (FL)
Minge
Moakley
Molinari
Montgomery
Moorhead
Moran
Morella
Murphy
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Oberstar
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickle
Pomeroy
Porter
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sanders
Sangmeister
Santorum
Sarpalius
Saxton
Schaefer
Schenk
Schiff
Schroeder
Sensenbrenner
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Studds
Stump
Stupak
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thornton
Thurman
Torkildsen
Torricelli
Tucker
Underwood (GU)
Upton
Valentine
Velazquez
Vucanovich
Walker
Walsh
Weldon
Williams
Wilson
Wolf
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--109
Abercrombie
Ackerman
Armey
Bacchus (FL)
Barton
Becerra
Beilenson
Bentley
Berman
Bevill
Blackwell
Bonior
Boucher
Brown (CA)
Cardin
Carr
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Conyers
Danner
Darden
Deal
DeLauro
Dellums
Deutsch
Dingell
Dixon
Edwards (CA)
Eshoo
Evans
Fazio
Flake
Ford (MI)
Ford (TN)
Frank (MA)
Gejdenson
Gephardt
Gibbons
Hamburg
Hastings
Hefner
Hoyer
Hughes
Hutto
Inslee
Johnston
Kennedy
Klein
Kopetski
Kreidler
Levin
Lewis (GA)
Lowey
Mann
Manton
Markey
Martinez
Matsui
McCloskey
McDermott
McKinney
McNulty
Meek
Mineta
Mink
Mollohan
Murtha
Obey
Olver
Pelosi
Penny
Pickett
Price (NC)
Reynolds
Richardson
Romero-Barcelo (PR)
Sabo
Sawyer
Scott
Serrano
Skaggs
Slattery
Smith (IA)
Spratt
Stark
Stokes
Strickland
Swift
Synar
Taylor (MS)
Thompson
Torres
Towns
Traficant
Unsoeld
Vento
Visclosky
[[Page 1178]]
Volkmer
Waters
Watt
Waxman
Wheat
Wise
Woolsey
Wyden
NOT VOTING--11
Chapman
Faleomavaega (AS)
Fields (TX)
Fish
Hilliard
Michel
Pombo
Ridge
Schumer
Washington
Whitten
So the amendment was agreed to.
Para. 71.35 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. CRANE:
Page 56, line 11, strike ``$20,100,000'' and insert
``$292,640,000''.
It was decided in the
Yeas
42
<3-line {>
negative
Nays
384
Para. 71.36 [Roll No. 300]
AYES--42
Archer
Armey
Bartlett
Barton
Boehner
Bunning
Burton
Canady
Collins (GA)
Combest
Cox
Crane
DeLay
Doolittle
Dornan
Dreier
Emerson
Grams
Hancock
Hastert
Hunter
Hyde
Istook
Johnson, Sam
Kim
Kingston
Laughlin
Linder
Manzullo
McCandless
Paxon
Rohrabacher
Roth
Royce
Santorum
Sensenbrenner
Shuster
Smith (TX)
Solomon
Stump
Walker
Zimmer
NOES--384
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Buyer
Byrne
Callahan
Calvert
Camp
Cantwell
Cardin
Carr
Castle
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hansen
Harman
Hastings
Hayes
Hefley
Hefner
Herger
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hutchinson
Hutto
Inglis
Inhofe
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
King
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roberts
Roemer
Rogers
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Snowe
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Weldon
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
NOT VOTING--13
Chapman
Faleomavaega (AS)
Fields (TX)
Fish
Hilliard
Michel
Owens
Pombo
Ridge
Schumer
Washington
Wheat
Whitten
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mrs. UNSOELD, assumed the Chair.
When Mr. SHARP, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
Para. 71.37 order of business--consideration of h.r. 4606
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That when the Committee of the Whole resumes further
consideration of H.R. 4606, all debate on said bill and amendments
thereto be closed after one further hour.
Para. 71.38 notice requirement--motion to instruct conferees--h.r. 3355
Ms. MOLINARI, pursuant to clause 1(c) of rule XXVIII, announced her
intention to instruct the managers on the part of the House at the
conference with the Senate on the disagreeing votes of the two Houses on
the House amendment to the Senate amendment to the bill (H.R. 3355) to
amend the Omnibus Crime Control and Safe Streets Act of 1968 to allow
grants to increase police presence, to expand and improve cooperative
efforts between law enforcement agencies and members of the community,
to address crime and disorder problems, and otherwise to enhance public
safety; be instructed not to make any agreement that does not include
subtitle E of title VIII of the Senate amendment, providing for the
admissibility of evidence of similar crimes in sex offense cases.
Para. 71.39 submission of conference report--h.r. 4454
Mr. FAZIO submitted a conference report (Rept. No. 103-567) on the
bill (H.R. 4454) making appropriations for the Legislative Branch for
the fiscal year ending September 30, 1995, and for other purposes;
together with a statement thereon, for printing in the Record under the
rule.
Para. 71.40 waiving points of order against h.r. 4624
Ms. SLAUGHTER, by direction of the Committee on Rules, called up the
following resolution (H. Res. 465):
Resolved, That during consideration of the bill (H.R. 4624)
making appropriations for the Departments of Veterans Affairs
and Housing and Urban Development, and for sundry independent
agencies, boards, commissions, corporations, and offices for
the fiscal year ending September 30, 1995, and for other
purposes, all points of order against provisions in the bill
for failure to comply with clause 2 or 6 of rule XXI are
waived. The amendment numbered 1 in the report of the
Committee on Rules accompanying this resolution may be
offered only by a Member designated in the report, may amend
portions of the bill not yet read for amendment, shall be
considered as read, shall be debatable for two hours equally
divided and controlled by the proponent and an opponent,
shall not be subject to amendment, and shall not be subject
to a demand for division of the question in the House or in
the Committee of the Whole. Points of order against the
amendments printed in the report of the Committee on Rules
for failure to comply with clause 2 of rule XXI are waived.
When said resolution was considered.
After debate,
On motion of Ms. SLAUGHTER, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
[[Page 1179]]
Para. 71.41 enrolled bill signed
Mr. ROSE, from the Committee on House Administration, reported that
that committee had examined and found truly enrolled a bill of the House
of the following title, which was thereupon signed by the Speaker:
H.R. 2559. An Act to designate the Federal building located
at 601 East 12th Street in Kansas City, Missouri, as the
``Richard Bolling Federal Building'' and the United States
Courthouse located at Ninth and Locust Streets, in Kansas
City, Missouri, as the ``Charles Evans Whittaker United
States Courthouse.''
And then,
Para. 71.42 adjournment
On motion of Mr. BARLOW, at 10 o'clock and 46 minutes p.m., the House
adjourned.
Para. 71.43 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. GORDON: Committee on Rules. House Resolution 466.
Resolution waiving certain points of order against the bill
(H.R. 4649) making appropriations for the government of the
District of Columbia and other activities chargeable in whole
or in part against the revenues of said District for the
fiscal year ending September 30, 1995, and for other purposes
(Rept. No. 103-564). Referred to the House Calendar.
Mr. DERRICK: Committee on Rules. House Resolution 467.
Resolution providing for consideration of the bill (H.R.
4600) to amend the Congressional Budget and Impoundment
Control Act of 1974 to provide for the expedited
consideration of certain proposed rescissions of budget
authority (Rept. No. 103-565). Referred to the House
Calendar.
Mr. BEILENSON: Committee on Rules. House Resolution 468.
Resolution providing for consideration of the bill (H.R.
4299) to authorize appropriations for fiscal year 1995 for
intelligence, and intelligence-related activities of the U.S.
Government, the Community Management Account, and the Central
Intelligence Agency Retirement and Disability System, and for
other purposes (Rept. No. 103-566). Referred to the House
Calendar.
Mr. FAZIO: Committee of Conference. Conference report on
H.R. 4454. A bill making appropriations for the legislative
branch for the fiscal year ending September 30, 1995, and for
other purposes (Rept. No. 103-567). Ordered to be printed.
Para. 71.44 public bills and resolutions
Under clause 5 of rule X and clause 4 or rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. SMITH of New Jersey (for himself, Mr. Zimmer,
and Mr. Saxton):
H.R. 4661. A bill to establish congressional findings and
amend the Solid Waste Disposal Act to provide congressional
authorization of State control over transportation and
disposal of municipal solid waste, and for other purposes; to
the Committee on Energy and Commerce.
By Mr. SMITH of New Jersey (for himself, Mr. Zimmer,
and Mr. Saxton):
H.R. 4662. A bill to amend the Solid Waste Disposal Act to
provide congressional authorization of State control over
transportation and disposal of municipal solid waste, and for
other purposes; to the Committee on Energy and Commerce.
By Mr. HAMILTON:
H.R. 4663. A bill to provide authority to control exports,
and for other purposes; to the Committee on Foreign Affairs.
By Mr. HUTTO (for himself and Mr. Peterson of Florida):
H.R. 4664. A bill to amend the Tariff Act of 1930 to
provide relief from antidumping and countervailing duty
orders in cases of short supply; to the Committee on Ways and
Means.
By Mr. YOUNG of Alaska:
H.R. 4665. A bill to amend the Alaska Native Claims
Settlement Act, and for other purposes; to the Committee on
Natural Resources.
By Mr. ANDREWS of Maine:
H.R. 4666. A bill to amend title 46, United States Code, to
prohibit overhaul, repair, and maintenance of Coast Guard
vessels in foreign shipyards; to the Committee on Merchant
Marine and Fisheries.
By Mr. ANDREWS of New Jersey (for himself, Mr. Weldon,
and Mr. Kolbe):
H.R. 4667. A bill to allow State and local governments to
design their own programs for moving welfare recipients from
dependency to economic self-sufficiency, and to allow low-
income individuals to use personal savings as a foundation
for achieving independence; jointly, to the Committees on
Ways and Means; Banking, Finance and Urban Affairs;
Agriculture; Energy and Commerce; and Education and Labor.
By Mr. HUGHES (for himself and Mr. Pallone):
H.R. 4668. A bill to make improvements in the protection of
coastal waters, enhance implementation of the Marine Plastic
Pollution Research and Control Act of 1987, and for other
purposes; to the Committee on Merchant Marine and Fisheries.
By Mr. SANDERS (for himself, Mr. Andrews of Maine, Ms.
Collins of Michigan, Mr. DeFazio, Mr. Dellums, Mr.
Engel, Mr. Foglietta, Mr. Gonzalez, Mr. Gutierrez,
Mr. Hinchey, Mr. Johnston of Florida, Mrs. Kennelly,
Mr. Kleczka, Mrs. Mink of Hawaii, Mr. Moran, Mr.
Nadler, Mr. Oberstar, Mr. Obey, Mr. Olver, Mr. Owens,
Mrs. Unsoeld, Mrs. Schroeder, Mr. Shays, Ms.
Velazquez, Mr. Vento, Mr. Washington, and Mr. Yates):
H.R. 4669. A bill to amend the Federal Food, Drug, and
Cosmetic Act to require labeling for milk and milk products
produced from cows which have been treated with synthetic
bovine growth hormone, to direct the development of a
synthetic bovine growth hormone residue test, and for other
purposes; to the Committee on Energy and Commerce.
By Mr. SANGMEISTER (by request):
H.R. 4670. A bill to amend title 38, United States Code, to
provide an increase in the specially adapted housing grant;
to the Committee on Veterans' Affairs.
H.R. 4671. A bill to amend title 38, United States Code, to
provide direct loans and set asides for disabled veterans; to
the Committee on Veterans' Affairs.
By Mr. GEJDENSON:
H. Con. Res. 262. Concurrent resolution to express the
sense of the Congress that marinas should not be treated as
offshore facilities for purposes of financial responsibility
requirements of the Oil Pollution Act of 1990; jointly, to
the Committees on Merchant Marine and Fisheries and Public
Works and Transportation.
Para. 71.45 private bills and resolutions
Under clause 1 of rule XXII.
Mr. CARR introduced a bill (H.R. 4672) to authorize the
Secretary of Transportation to issue a certificate of
documentation with appropriate endorsement for employment in
the coastwise trade and on the Great Lakes and their
tributary and connecting waters in trade with Canada for each
of 3 barges; which was referred to the Committee on Merchant
Marine and Fisheries.
Para. 71.46 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 123: Mr. McDade, Mr. Lucas, Mr. Kanjorski, and Mr.
Nussle.
H.R. 349: Mr. Barrett of Nebraska.
H.R. 404: Mr. Grandy.
H.R. 431: Mr. Markey.
H.R. 642: Mr. Olver.
H.R. 702: Mr. Brown of Florida and Mr. Mann.
H.R. 1475: Mr. Grandy.
H.R. 1673: Mr. Shays.
H.R. 1722: Mr. Mineta.
H.R. 1900: Mr. Skelton.
H.R. 2873: Mr. Kim, Mr. Andrews of New Jersey, and Mr.
Collins of Georgia.
H.R. 2967: Mr. Beilenson and Mr. Oberstar.
H.R. 3121: Mr. Montgomery, Mr. Clinger, and Mr. Ridge.
H.R. 3271: Mr. Moorhead.
H.R. 3288: Mr. Swett.
H.R. 3293: Mr. McCrery.
H.R. 3434: Mr. Gutierrez and Mr. Vento.
H.R. 3446: Mr. Archer.
H.R. 3526: Mr. de Lugo, Mr. Neal of Massachusetts, Ms.
Shepherd, Mr. Engel, Mr. Hamburg, Mr. Gejdenson, Mr. Vento,
Mr. Martinez, Mr. Burton of Indiana, Mr. Studds, Mr.
Moorhead, Mr. Coyne, and Mr. Klein.
H.R. 3580: Mr. Blute.
H.R. 3611: Mr. Condit.
H.R. 3630: Mr. Thompson, Ms. Furse, and Mr. Vento.
H.R. 3797: Mr. Royce, Mr. Thomas of Wyoming, Mr. Crapo, and
Mr. Emerson.
H.R. 3873: Mr. Martinez, Ms. Waters, and Mr. Yates.
H.R. 3880: Mr. DeLay.
H.R. 4040: Mr. Filner and Mrs. Unsoeld.
H.R. 4162: Mr. Inslee.
H.R. 4198: Mr. Ballenger.
H.R. 4233: Mr. Bonilla and Mrs. Thurman.
H.R. 4251: Mr. Payne of Virginia.
H.R. 4271: Mr. Mann.
H.R. 4281: Mr. McHugh and Mr. Strickland.
H.R. 4314: Mr. Sanders.
H.R. 4386: Mr. Stupak, Mr. Shays, Mr. Spence, Ms. Kaptur,
Mrs. Maloney, Mr. Washington, and Mr. Mineta.
H.R. 4388: Mr. Bereuter.
H.R. 4412: Mr. Bonilla.
H.R. 4493: Mr. Barrett of Wisconsin.
H.R. 4514: Mr. Olver and Mr. Gallegly.
H.R. 4589: Mr. Castle.
H.R. 4592: Mr. DeLay and Mr. Inglis of South Carolina.
H.R. 4605: Mr. LaFalce.
H.J. Res. 38: Mr. Schaefer.
H.J. Res. 356: Mr. McNulty and Mr. Blackwell.
H.J. Res. 378: Mr. Sisisky, Mr. Bevill, Mr. King, Mr.
Livingston, Mr. Pete Geren of Texas, Mr. Dicks, Mr. Smith of
New Jersey, Mr. Stupak, Mr. Wilson, Mrs. Morella, Mr. Flake,
Mr. Mineta, and Mr. Washington.
H. Con. Res. 148: Mr. Klug and Mr. Fawell.
H. Con Res. 166: Mr. Weldon, Mrs. Unsoeld, and Mr.
Sundquist.
H. Con. Res. 233: Mr. Mineta, Mr. Moran, Ms. McKinney, Mr.
Hamburg, Mr. Dicks, Mr. Conyers, Mr. Pickle, Mr. Schumer, Mr.
Foglietta, Mr. Laughlin, Mr. Blute, and Mr. Sawyer.
H. Con. Res. 243: Mr. Stearns and Mr. McCollum.
[[Page 1180]]
H. Con. Res. 255: Mrs. Maloney, Mr. Neal of Massachusetts,
and Mr. Rose.
H. Res. 291: Mr. Young of Alaska.
H. Res. 463: Ms. Shepherd.
.
WEDNESDAY, JUNE 29, 1994 (72)
The House was called to order by the SPEAKER.
Para. 72.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Tuesday, June 28, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 72.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3436. A letter from the Executive Director, Thrift
Depositor Protection Oversight Board, transmitting the annual
report of the Thrift Depositor Protection Oversight Board on
the Resolution Funding Corporation for the calendar year
1993, pursuant to Public Law 101-73, section 511(a) (103
Stat. 404); to the Committee on Banking, Finance and Urban
Affairs.
3437. A letter from the Secretary of Health and Human
Services, transmitting a draft of proposed legislation
entitled, the ``Saint Elizabeths Hospital Amendment of
1994''; to the Committee on the District of Columbia.
3438. A letter from the Secretary of Education,
transmitting final regulations--Federal Family Education Loan
Program, pursuant to 20 U.S.C. 1232(d)(1); to the Committee
on Education and Labor.
3439. A letter from the Secretary of Agriculture,
transmitting the annual report on the Youth Conservation
Corps Program in the Department for fiscal year 1993,
pursuant to 16 U.S.C. 1705; to the Committee on Education and
Labor.
3440. A letter from the Assistant Secretary for
Environment, Safety and Health, Department of Energy,
transmitting a copy of the summary of the draft Environmental
Impact Statement [EIS] for Programmatic Spent Nuclear Fuel
Management and Idaho National Engineering Laboratory
Environmental Restoration and Waste Management Programs; to
the Committee on Energy and Commerce.
3441. A letter from the Secretary of Health and Human
Services, transmitting the Department's report on the health
care services in the Home Demonstration Program, pursuant to
section 397(d)(2) of the Public Health Service Act; to the
Committee on Energy and Commerce.
3442. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting the Department of the Army's
proposed lease of defense articles to Bahrain (Transmittal
No. 20-94), pursuant to 22 U.S.C. 2796a(a); to the Committee
on Foreign Affairs.
3443. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a report of
activities under the Freedom of Information Act for calendar
year 1993, pursuant to 5 U.S.C. 552(d); to the Committee on
Government Operations.
3444. A letter from the Chairman, Federal Election
Commission, transmitting a copy of the annual report in
compliance with the Government in the Sunshine Act during the
calendar year 1993, pursuant to 5 U.S.C. 552b; to the
Committee on Government Operations.
3445. A letter from the Inspector General, General Services
Administration, transmitting a copy of his office's audit
report register, including all financial recommendations, for
the period ending March 31, 1994, pursuant to Public Law 95-
452, section 5(b) (102 Stat. 2526); to the Committee on
Government Operations.
3446. A letter from the Director, Office of Personnel
Management, transmitting the semiannual report on the
activities of the inspector general for the period October 1,
1993, through March 31, 1994, pursuant to Public Law 95-452,
section 5(b) (102 Stat. 2526); to the Committee on Government
Operations.
3447. A letter from the Director, Office of Personnel
Management, transmitting the office's fiscal year 1993
financial statements; to the Committee on Government
Operations.
3448. A letter from the Secretary of the Treasury,
transmitting the semiannual report of activities of the
inspector general for the period ended March 31, 1994,
pursuant to Public Law 95-452, section 5(b) (102 Stat. 2515,
2526); to the Committee on Government Operations.
3449. A letter from the Deputy Associate Director for
Compliance, Department of the Interior, transmitting
notification of proposed refunds of excess royalty payments
in OCS areas, pursuant to 43 U.S.C. 1339(b); to the Committee
on Natural Resources.
3450. A letter from the Deputy Associate Director for
Compliance, Department of the Interior, transmitting
notification of proposed refunds of excess royalty payments
in OCS areas, pursuant to 43 U.S.C. 1339(b); to the Committee
on Natural Resources.
3451. A letter from the Secretary, Department of the
Interior, transmitting the 23d annual report of the actual
operation during water year 1993 for the reservoirs along the
Colorado River; projected plan of operation for water year
1994, pursuant to 43 U.S.C. 1552(b); to the Committee on
Natural Resources.
3452. A letter from the Secretary, Department of
Transportation, transmitting the Department's annual report
on the progress in implementing the Coast Guard Environmental
Compliance and Restoration Program for fiscal year 1993,
pursuant to Public Law 101-225, section 222(a) (103 Stat.
1918); to the Committee on Merchant Marine and Fisheries.
3453. A letter from the Director, Office of Personnel
Management, transmitting a draft of proposed legislation
entitled, the ``Federal Employees Health Benefits Provider
Integrity Amendments of 1994''; to the Committee on Post
Office and Civil Service.
Para. 72.3 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed without amendment a bill of the House of the
following title:
H.R. 4581. An Act to provide for the imposition of
temporary fees in connection with the handling of complaints
of violations of the Perishable Agricultural Commodities Act,
1930.
Para. 72.4 board of regents for the smithsonian
The SPEAKER, pursuant to the provisions of sections 5580 and 5581 of
the Revised Statutes (20 United States Code 42-43), appointed to the
Board of Regents for the Smithsonian Institution, Mr. Foley, on the part
of the House to fill the existing vacancy thereon.
Ordered, That the Clerk notify the Senate thereof.
Para. 72.5 labor, hhs, and education appropriations
Mr. SMITH of Iowa moved that the House resolve itself into the
Committee of the Whole House on the state of the Union for the further
consideration of the bill (H.R. 4606) making appropriations for the
Departments of Labor, Health and Human Services, and Education, and
related agencies, for the fiscal year ending September 30, 1995, and for
other purposes.
The question being put, viva voce,
Will the House resolve itself into the Committee?
The SPEAKER pro tempore, Mr. ROWLAND, announced that the yeas had it.
So the motion was agreed to.
Accordingly,
The House resolved itself into the Committee of the Whole House on the
state of the Union for the further consideration of said bill.
The Chairman, Mr. SHARP, resumed the Chair; and after some time spent
therein,
Para. 72.6 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Ms. WATERS:
Page 65, delete Section 510 (lines 9-12).
It was decided in the
Yeas
63
<3-line {>
negative
Nays
365
Para. 72.7 [Roll No. 301]
AYES--63
Allard
Andrews (ME)
Bacchus (FL)
Bachus (AL)
Baker (CA)
Barton
Beilenson
Costello
Dooley
Durbin
Eshoo
Evans
Farr
Fields (LA)
Foglietta
Ford (TN)
Fowler
Frank (MA)
Furse
Gallo
Gilman
Gonzalez
Gordon
Harman
Hinchey
Horn
Hoyer
Hutchinson
Jacobs
Johnson (SD)
Johnston
Kanjorski
Kennedy
Lambert
Lipinski
Long
Margolies-Mezvinsky
Matsui
McKinney
Miller (CA)
Minge
Norton (DC)
Obey
Olver
Pallone
Pelosi
Penny
Peterson (MN)
Poshard
Roukema
Royce
Sabo
Sanders
Sangmeister
Schenk
Stark
Synar
Torricelli
Tucker
Vento
Visclosky
Waters
Zimmer
NOES--365
Abercrombie
Ackerman
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Baesler
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Bateman
Becerra
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cardin
Carr
Castle
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
[[Page 1181]]
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Everett
Ewing
Faleomavaega (AS)
Fawell
Fazio
Fields (TX)
Filner
Fingerhut
Fish
Flake
Ford (MI)
Franks (CT)
Franks (NJ)
Frost
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gingrich
Glickman
Goodlatte
Goodling
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Houghton
Huffington
Hughes
Hunter
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jefferson
Johnson (CT)
Johnson (GA)
Johnson, E. B.
Johnson, Sam
Kaptur
Kasich
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Livingston
Lloyd
Lowey
Lucas
Maloney
Mann
Manton
Manzullo
Markey
Martinez
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (FL)
Mineta
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Ortiz
Orton
Owens
Oxley
Packard
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Peterson (FL)
Petri
Pickett
Pickle
Pomeroy
Porter
Portman
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roth
Rowland
Roybal-Allard
Rush
Santorum
Sawyer
Saxton
Schaefer
Schiff
Schroeder
Scott
Sensenbrenner
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Towns
Traficant
Underwood (GU)
Unsoeld
Upton
Velazquez
Volkmer
Vucanovich
Walker
Walsh
Washington
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
NOT VOTING--11
Cantwell
Chapman
Hilliard
Lancaster
Machtley
Pombo
Sarpalius
Schumer
Serrano
Smith (MI)
Valentine
So the amendment was not agreed to.
The SPEAKER pro tempore, Mr. OBERSTAR, assumed the Chair.
When Mr. SHARP, Chairman, reported that the Committee, having had
under consideration said bill, had directed him to report the same back
to the House with sundry amendments adopted by the Committee with the
recommendation that the amendments be agreed to and that the bill, as
amended, do pass.
By unanimous consent, the previous question was ordered on the
amendments and the bill.
Mr. SMITH of Iowa demanded a separate vote on the amendment on page 8,
line 14 (the Porter amendment).
Mr. MFUME demanded a separate vote on the amendment on page 35, line 8
and line 20 (the Santorum amendment).
The following remaining amendments, reported from the Committee of the
Whole House on the state of the Union were then agreed to:
TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
limitation on administrative expenses
a. On page 35, Line 8: Strike ``$5,159,785,000'' and insert
``5,127,785,000''.
b. On page 35, Line 20: Strike ``$320,000,000'' and insert
``$352,000,000''.
On page 52, line 9, strike ``$114,996,000'' and insert in
lieu thereof ``$115,996,000''.
Page 49, line 8 after ``title VI'', insert; including Part
C,''.
Page 56, line 11, strike $20,100,000 and insert
``$21,100,000''.
Page 64, strike lines 9 through 14 and insert the
following:
Sec. 507. (a) Purchase of American-Made Equipment and
Products.--It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be
American-made.
(b) Notice Requirement.--In providing financial assistance,
or entering into any contract with, any entity using funds
made available in this Act, the head of each Federal agency,
to the greatest extent practicable, shall provide to such
entity a notice describing the statement made in subsection
(a) by the Congress.
The question being put, viva voce,
Will the House agree to the following amendment (the Porter amendment)
on which a separate vote had been demanded?
Amendments: On page 8, line 4, strike ``$30,411,000'' and
insert in lieu thereof ``$29,784,000'';
On page 8, line 8, strike ``$66,388,000'' and insert in
lieu thereof ``$63,959,000'';
On page 9, line 9, strike ``$242,860,000'' and insert in
lieu thereof ``$237,791,000'';
On page 13, line 6, strike ``$312,500,000'' and insert in
lieu thereof ``$296,428,000'';
On page 15, line 19, strike ``$197,519,000'' and insert in
lieu thereof ``$194,607,000'';
On page 16, line 23, strike ``$296,761,000'' and insert in
lieu thereof ``$291,101,000'';
On page 17, line 1, strike ``$54,102,000'' and insert in
lieu thereof ``$51,927,000'';
On page 17, line 9, strike ``$156,002,000'' and insert in
lieu thereof ``$143,459,000'';
On page 20, line 17, strike ``$3,008,225,000'' and insert
in lieu thereof ``$3,121,225,000'';
On page 40, line 3, strike ``$4,408,775,000'' and insert in
lieu thereof ``$4,402,690,000'';
On page 52, line 26, strike ``$359,358,000'' and insert in
lieu thereof ``$346,008,000''; and
On page 53, line 4, strike ``$58,325,000'' and insert in
lieu thereof ``$56,570,000''.
The SPEAKER pro tempore, Mr. OBERSTAR, announced that the nays had it.
Mr. PORTER demanded a recorded vote on agreeing to said amendment,
which demand was supported by one-fifth of a quorum, so a recorded vote
was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
211
<3-line {>
negative
Nays
217
Para. 72.8 [Roll No. 302]
AYES--211
Allard
Andrews (ME)
Andrews (TX)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Brewster
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cooper
Cox
Crane
Crapo
Cunningham
de la Garza
Deal
DeLay
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson (GA)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lambert
Lancaster
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lloyd
Lucas
Manzullo
McCandless
McCollum
McCrery
McCurdy
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Myers
Nussle
Ortiz
Oxley
Packard
Parker
Paxon
Payne (VA)
Penny
Peterson (MN)
Petri
Pickett
Pickle
Pomeroy
Porter
Portman
Pryce (OH)
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Sisisky
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
[[Page 1182]]
NOES--217
Abercrombie
Ackerman
Andrews (NJ)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Blackwell
Bonior
Borski
Boucher
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Durbin
Edwards (CA)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Glickman
Gonzalez
Green
Gutierrez
Hall (OH)
Hamburg
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Orton
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Poshard
Price (NC)
Quillen
Rahall
Rangel
Reed
Richardson
Roemer
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schroeder
Scott
Serrano
Sharp
Shepherd
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Washington
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--6
Chapman
Machtley
Pombo
Reynolds
Schumer
Valentine
So the amendment was not agreed to.
Will the House agree to the following amendment (the Santorum
amendment) on which a separate vote had been demanded?
TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
limitation on administrative expenses
a. On page 35, Line 8: Strike ``$5,159,785,000'' and insert
``5,127,785,000''.
b. On page 35, Line 20: Strike ``$320,000,000'' and insert
``$352,000,000''.
The question being put, viva voce,
Will the House agree to said amendment?
The SPEAKER pro tempore, Mr. OBERSTAR, announced that the yeas had it.
So the amendment was agreed to.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
Mr. LIGHTFOOT moved to recommit the bill to the Committee on
Appropriations with intructions to report back the same to the House
forthwith with the following amendments:
On page 8, line 4, strike ``$30,411,000'' and insert in
lieu thereof ``$30,097,500'';
On page 8, line 8, strike ``$66,388,000'' and insert in
lieu thereof ``$65,174,000'';
On page 9, line 9, strike ``$242,860,000'' and insert in
lieu thereof ``$240,325,000'';
On page 13, line 6, strike ``$312,500,000'' and insert in
lieu thereof ``$304,643,000'';
On page 15, line 19, strike ``$197,519,000'' and insert in
lieu thereof ``$196,063,000'';
On page 16, line 23, strike ``$296,761,000'' and insert in
lieu thereof ``$293,931,000'';
On page 17, line 1, strike ``$54,102,000'' and insert in
lieu thereof ``$53,014,000'';
On page 17, line 9, strike ``$156,002,000'' and insert in
lieu thereof ``$149,730,000'';
On page 20, line 17, strike ``$3,008,225,000'' and insert
in lieu thereof ``$3,064,725,000'';
On page 40, line 3, strike ``$4,408,775,000'' and insert in
lieu thereof ``$4,405,732,000'';
On page 52, line 26, strike ``$359,358,000'' and insert in
lieu thereof ``$352,683,000'';
On page 53, line 4, strike ``$58,325,000'' and insert in
lieu thereof ``$57,447,500''.
After debate,
By unanimous consent, the previous question was ordered on the motion
to recommit with instructions.
The question being put, viva voce,
Will the House recommit with instructions said bill?
The SPEAKER pro tempore, Mr. OBERSTAR, announced that the nays had it.
Mr. LIGHTFOOT demanded a recorded vote on agreeing to said motion,
which demand was supported by one-fifth of a quorum, so a recorded vote
was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
206
<3-line {>
negative
Nays
224
Para. 72.9 [Roll No. 303]
AYES--206
Allard
Andrews (ME)
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Brewster
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cooper
Cox
Crane
Crapo
Cunningham
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson (GA)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lancaster
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lloyd
Lucas
Manzullo
McCandless
McCollum
McCrery
McCurdy
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Ortiz
Oxley
Packard
Paxon
Payne (VA)
Peterson (MN)
Petri
Pombo
Pomeroy
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Sisisky
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Valentine
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--224
Abercrombie
Ackerman
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Pelosi
Penny
Peterson (FL)
Pickett
Pickle
[[Page 1183]]
Poshard
Price (NC)
Rahall
Rangel
Reed
Richardson
Roemer
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schroeder
Scott
Serrano
Sharp
Shepherd
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Washington
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--4
Chapman
Machtley
Reynolds
Schumer
So the motion to recommit with instructions was not agreed to.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. OBERSTAR, announced that the nays had it.
Mr. SMITH of Iowa demanded a recorded vote on passage of said bill,
which demand was supported by one-fifth of a quorum, so a recorded vote
was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
339
<3-line {>
affirmative
Nays
89
Para. 72.10 [Roll No. 304]
AYES--339
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Baker (CA)
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Callahan
Calvert
Canady
Cantwell
Cardin
Carr
Castle
Clay
Clayton
Clement
Clinger
Coble
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Duncan
Durbin
Edwards (CA)
Edwards (TX)
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodling
Gordon
Grandy
Green
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastert
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Holden
Horn
Houghton
Hoyer
Hughes
Hutchinson
Hutto
Hyde
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Klug
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (GA)
Lipinski
Livingston
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCrery
McCurdy
McDade
McDermott
McHale
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Michel
Miller (CA)
Mineta
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Pickett
Pickle
Pomeroy
Porter
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Rangel
Ravenel
Reed
Regula
Richardson
Ridge
Roemer
Rogers
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Smith (TX)
Snowe
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Tanner
Tauzin
Taylor (NC)
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Washington
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
NOES--89
Allard
Archer
Armey
Bachus (AL)
Baker (LA)
Ballenger
Bartlett
Barton
Boehner
Bunning
Burton
Buyer
Camp
Collins (GA)
Combest
Cox
Crane
Crapo
DeLay
Doolittle
Dornan
Dreier
Dunn
Ehlers
Fields (TX)
Franks (NJ)
Gekas
Goodlatte
Goss
Grams
Greenwood
Hancock
Hansen
Hefley
Herger
Hoke
Huffington
Hunter
Inglis
Inhofe
Istook
Johnson, Sam
Kim
King
Kingston
Knollenberg
Kolbe
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lucas
Manzullo
McCandless
McCollum
McHugh
McInnis
Mica
Miller (FL)
Minge
Moorhead
Nussle
Orton
Oxley
Packard
Paxon
Peterson (MN)
Petri
Pombo
Portman
Ramstad
Roberts
Rohrabacher
Roth
Royce
Schaefer
Sensenbrenner
Shuster
Smith (MI)
Smith (OR)
Solomon
Spence
Stump
Talent
Taylor (MS)
Thomas (WY)
Walker
Zeliff
Zimmer
NOT VOTING--6
Chapman
Clyburn
Farr
Machtley
Reynolds
Schumer
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 72.11 waiving points of order against h.r. 4650
Mr. GORDON, by direction of the Committee on Rules, reported (Rept.
No. 103-568) the resolution (H. Res. 469) waiving certain points of
order against the bill (H.R. 4650) making appropriations for the
Department of Defense for the fiscal year ending September 30, 1995, and
for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 72.12 waiving points of order against h.r. 4454
Mr. GORDON, by direction of the Committee on Rules, reported (Rept.
No. 103-569) the resolution (H. Res. 470) waiving certain points of
order against the conference report to accompany the bill (H.R. 4454)
making appropriations for the Legislative Branch for the fiscal year
ending September 30, 1995, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 72.13 waiving points of order against h.r. 4649
Mr. GORDON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 466):
Resolved, That all points of order against consideration of
the bill (H.R. 4649) making appropriations of the government
of the District of Columbia and other activities chargeable
in whole or in part against the revenues of said District for
the fiscal year ending September 30, 1995, and for other
purposes, are waived. During consideration of the bill, all
points of order against provisions in the bill for failure to
comply with clause 2 of rule XXI are waived.
When said resolution was considered.
After debate,
Mr. GORDON moved the previous question on the resolution to its
adoption or rejection.
The question being put, viva voce,
Will the House now order the previous question?
The SPEAKER pro tempore, Mr. TAYLOR of Mississippi, announced that the
nays had it.
Mr. GORDON objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
251
When there appeared
<3-line {>
Nays
177
Para. 72.14 [Roll No. 305]
YEAS--251
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
[[Page 1184]]
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--177
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--6
Chapman
Dicks
Machtley
Reynolds
Schumer
Washington
So the previous question on the resolution was ordered.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. TAYLOR of Mississippi, announced that the
nays had it.
Mr. GORDON demanded a recorded vote on agreeing to said resolution,
which demand was supported by one-fifth of a quorum, so a recorded vote
was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
236
<3-line {>
affirmative
Nays
188
Para. 72.15 [Roll No. 306]
AYES--236
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Richardson
Roemer
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Synar
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOES--188
Allard
Archer
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Orton
Oxley
Packard
Paxon
Peterson (MN)
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
[[Page 1185]]
Royce
Santorum
Saxton
Schaefer
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Talent
Tauzin
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--10
Armey
Chapman
Dicks
Machtley
Maloney
Reynolds
Schumer
Swift
Volkmer
Washington
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 72.16 va--hud appropriations
Mr. STOKES moved that the House resolve itself into the Committee of
the Whole House on the state of the Union for the consideration of the
bill (H.R. 4624) making appropriations for the Departments of Veterans
Affairs and Housing and Urban Development, and for sundry independent
agencies, boards, commissions, corporations, and offices for the fiscal
year ending September 30, 1995, and for other purposes.
Pending said motion,
On motion of Mr. STOKES, by unanimous consent,
Ordered, That time for general debate continue not to exceed one hour
to be equally divided and controlled by Mr. STOKES and Mr. LEWIS of
California.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. TAYLOR of Mississippi, announced that the
yeas had it.
So the motion was agreed to.
Accordingly,
The House resolved itself into the Committee of the Whole House on the
state of the Union for the consideration of said bill.
The SPEAKER pro tempore, Mr. TAYLOR of Mississippi, by unanimous
consent, designated Mr. BEILENSON as Chairman of the Committee of the
Whole; and after some time spent therein,
Para. 72.17 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. SMITH of Michigan:
Page 18, line 18, delete ``$598,000,000'' and insert
``$150,000,000''.
Page 19, line 10, delete ``$2,643,000,000'' and insert
``$2,822,653,400''.
It was decided in the
Yeas
162
<3-line {>
negative
Nays
269
Para. 72.18 [Roll No. 307]
AYES--162
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bilirakis
Bliley
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Condit
Cox
Crane
Crapo
Cunningham
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hochbrueckner
Hoekstra
Hoke
Horn
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Leach
Levy
Lewis (KY)
Lightfoot
Linder
Livingston
Manzullo
McCandless
McCollum
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Moran
Myers
Nussle
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Penny
Petri
Pombo
Porter
Portman
Pryce (OH)
Quinn
Ramstad
Ravenel
Regula
Roberts
Rohrabacher
Roth
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Smith (MI)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Upton
Vucanovich
Walker
Weldon
Wolf
Young (AK)
Zeliff
Zimmer
NOES--269
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Baker (LA)
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Frost
Furse
Gallo
Gejdenson
Gephardt
Gibbons
Gilman
Glickman
Gonzalez
Gordon
Green
Gunderson
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Holden
Houghton
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Lehman
Levin
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Lucas
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCrery
McCurdy
McDade
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Quillen
Rahall
Rangel
Reed
Richardson
Ridge
Roemer
Rogers
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Tanner
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Young (FL)
NOT VOTING--8
Andrews (NJ)
Chapman
Dingell
Faleomavaega (AS)
Machtley
Reynolds
Schumer
Washington
So the amendment was not agreed to.
After some further time,
Para. 72.19 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. HEFLEY:
On page 57, line 4, delete the following,
``$5,901,200,000,'' and insert ``$5,889,200,000''.
It was decided in the
Yeas
169
<3-line {>
negative
Nays
264
Para. 72.20 [Roll No. 308]
AYES--169
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baker (CA)
Ballenger
Barrett (NE)
Barrett (WI)
Barton
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehner
Bonilla
Bunning
Burton
Buyer
Calvert
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Coppersmith
Costello
Cox
Crane
Crapo
Cunningham
DeLay
Deutsch
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Emerson
English
Everett
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hamilton
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Kolbe
Kyl
Lazio
Levy
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lucas
Maloney
Manzullo
Margolies-Mezvinsky
McCandless
McCollum
McCurdy
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
[[Page 1186]]
Minge
Molinari
Moorhead
Nussle
Orton
Oxley
Packard
Pallone
Paxon
Penny
Petri
Pombo
Porter
Portman
Poshard
Pryce (OH)
Quinn
Ramstad
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schenk
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Shuster
Skelton
Slattery
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Synar
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (FL)
Zeliff
Zimmer
NOES--264
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Baker (LA)
Barca
Barcia
Barlow
Bateman
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Callahan
Camp
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
Eshoo
Evans
Ewing
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gallo
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Hoekstra
Holden
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Knollenberg
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Leach
Lehman
Levin
Lewis (CA)
Lewis (GA)
Lipinski
Livingston
Lloyd
Long
Lowey
Mann
Manton
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCrery
McDade
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Owens
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Price (NC)
Quillen
Rahall
Rangel
Ravenel
Reed
Richardson
Roemer
Romero-Barcelo (PR)
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skeen
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Young (AK)
NOT VOTING--6
Bartlett
Faleomavaega (AS)
Machtley
Reynolds
Schumer
Washington
So the amendment was not agreed to.
After some further time,
Para. 72.21 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. ROEMER:
Page 56, line 16, strike ``$5,592,900,000'' insert
``$4,653,200,000''.
Page 57, line 4, strike ``$5,901,200,000'' and insert
``$6,727,587,000''.
Page 57, line 25, strike ``$2,549,587,000'' and insert
``$2,662,900,000''.
Page 60, after line 12, insert the following:
None of the funds made available in this Act to the
National Aeronautics and Space Administration may be used for
the space station program.
It was decided in the
Yeas
155
<3-line {>
negative
Nays
278
Para. 72.22 [Roll No. 309]
AYES--155
Ackerman
Andrews (ME)
Baesler
Barca
Barlow
Barrett (WI)
Bereuter
Bilbray
Blackwell
Blute
Brown (OH)
Bunning
Camp
Cantwell
Collins (GA)
Collins (IL)
Collins (MI)
Condit
Coppersmith
Costello
Coyne
Danner
de Lugo (VI)
DeFazio
Dellums
Derrick
Duncan
Durbin
English
Evans
Fawell
Foglietta
Frank (MA)
Franks (NJ)
Furse
Goodlatte
Goodling
Gordon
Gutierrez
Hamburg
Hamilton
Hastert
Herger
Hoagland
Hoekstra
Holden
Hoyer
Hughes
Hutchinson
Inglis
Inslee
Istook
Jacobs
Johnson (GA)
Johnson (SD)
Kanjorski
Kaptur
Kasich
Kennedy
Kildee
King
Kleczka
Klein
Klink
Knollenberg
Kolbe
Kreidler
LaFalce
Lambert
Lancaster
Lazio
Leach
Lehman
Levin
Lipinski
Long
Lowey
Maloney
Mann
Manzullo
Margolies-Mezvinsky
Markey
McHugh
McKinney
McNulty
Meehan
Menendez
Mfume
Miller (CA)
Minge
Mink
Moakley
Nadler
Neal (NC)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Orton
Owens
Pallone
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (MN)
Pomeroy
Porter
Portman
Poshard
Ramstad
Ravenel
Reed
Roemer
Roukema
Rush
Sabo
Sanders
Sangmeister
Schaefer
Schenk
Schroeder
Schumer
Serrano
Shays
Shepherd
Shuster
Skaggs
Slaughter
Smith (MI)
Snowe
Solomon
Spratt
Stark
Strickland
Studds
Stupak
Swett
Synar
Tauzin
Thomas (WY)
Underwood (GU)
Upton
Velazquez
Vento
Visclosky
Waxman
Wheat
Williams
Woolsey
Wyden
Yates
Zimmer
NOES--278
Abercrombie
Allard
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Berman
Bevill
Bilirakis
Bishop
Bliley
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Bryant
Burton
Buyer
Byrne
Callahan
Calvert
Canady
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Combest
Conyers
Cooper
Cox
Cramer
Crane
Crapo
Cunningham
Darden
de la Garza
Deal
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Dunn
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
Eshoo
Everett
Ewing
Farr
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Ford (TN)
Fowler
Franks (CT)
Frost
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goss
Grams
Green
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hancock
Hansen
Harman
Hastings
Hayes
Hefley
Hefner
Hilliard
Hinchey
Hobson
Hochbrueckner
Hoke
Horn
Houghton
Huffington
Hunter
Hutto
Hyde
Inhofe
Jefferson
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Johnston
Kennelly
Kim
Kingston
Klug
Kopetski
Kyl
Lantos
LaRocco
Laughlin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Livingston
Lloyd
Lucas
Manton
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McInnis
McKeon
McMillan
Meek
Meyers
Mica
Michel
Miller (FL)
Mineta
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Neal (MA)
Ortiz
Oxley
Packard
Parker
Pastor
Peterson (FL)
Petri
Pickett
Pickle
Pombo
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Regula
Reynolds
Richardson
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Rowland
Roybal-Allard
Royce
Santorum
Sarpalius
Sawyer
Saxton
Schiff
Scott
Sensenbrenner
Sharp
Shaw
Sisisky
Skeen
Skelton
Slattery
Smith (IA)
Smith (NJ)
Smith (OR)
Smith (TX)
Spence
Stearns
Stenholm
Stokes
Stump
Sundquist
Swift
Talent
Tanner
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Volkmer
Vucanovich
Walker
Walsh
Washington
Waters
Watt
Weldon
Whitten
Wilson
Wise
Wolf
Wynn
Young (AK)
Young (FL)
Zeliff
NOT VOTING--6
Faleomavaega (AS)
Ford (MI)
Grandy
Machtley
Rangel
Romero-Barcelo (PR)
[[Page 1187]]
So the amendment was not agreed to.
After some further time,
Para. 72.23 motion to rise and report
A recorded vote by electronic device was ordered in the Committee of
the Whole on the motion that the Committee do now rise and report the
bill back to the House with sundry amendments with the recommendation
that the amendments be agreed to and that the bill, as amended, do pass.
It was decided in the
Yeas
261
<3-line {>
affirmative
Nays
163
Para. 72.24 [Roll No. 310]
AYES--261
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (TN)
Frank (MA)
Frost
Furse
Gallo
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (CA)
Lewis (GA)
Lipinski
Livingston
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Quillen
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Ros-Lehtinen
Rose
Rostenkowski
Rowland
Roybal-Allard
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schaefer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Whitten
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Young (FL)
NOES--163
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bliley
Blute
Boehlert
Boehner
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cooper
Crane
Crapo
Cunningham
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lucas
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Roth
Roukema
Royce
Santorum
Saxton
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Zeliff
Zimmer
NOT VOTING--15
Cox
Faleomavaega (AS)
Fish
Ford (MI)
Grandy
Istook
Machtley
Mollohan
Romero-Barcelo (PR)
Rush
Swift
Torres
Washington
Wheat
Williams
So the motion was agreed to.
The SPEAKER pro tempore, Mr. OBERSTAR, assumed the Chair.
When Mr. BEILENSON, Chairman, reported that the Committee, having had
under consideration said bill, had directed him to report the same back
to the House with sundry amendments adopted by the Committee with the
recommendation that the amendments be agreed to and that the bill, as
amended, do pass.
By unanimous consent, the previous question was ordered on the
amendments and the bill.
The following amendments, reported from the Committee of the Whole
House on the state of the Union, were agreed to:
On Page 47, lines 17-18, strike: ``December 31, 1994'' and
insert in lieu thereof: ``authorized by law''.
On page 47, line 23, after the word ``amended'' add: ``,
and shall not become available until authorized by law''.
Page 75, strike lines 14 through 19 and insert the
following:
Sec. 518. (a) Purchase of American-Made Equipment and
Products.--It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be
American-made.
(b) Notice Requirement.--In providing financial assistance
to, or entering into any contract with, any entity using
funds made available in this Act, the head of each Federal
agency, to the greatest extent practicable, shall provide to
such entity a notice describing the statement made in
subsection (a) by the Congress.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
Mr. KOLBE moved to recommit the bill to the Committee on
Appropriations with instructions to report back the same forthwith with
the following amendment:
Strike page 66, line 10 through page 67, line 15.
After debate,
By unanimous consent, the previous question was ordered on the motion
to recommit with instructions.
The question being put, viva voce,
Will the House recommit said bill with instructions?
The SPEAKER pro tempore, Mr. OBERSTAR, announced that the nays had it.
Mr. KOLBE demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The vote was taken by electronic device.
Yeas
166
It was decided in the
Nays
262
<3-line {>
negative
Answered present
1
Para. 72.25 [Roll No. 311]
YEAS--166
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Levy
Lewis (FL)
Lewis (KY)
[[Page 1188]]
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--262
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (TN)
Frank (MA)
Frost
Furse
Gallo
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Lewis (CA)
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Quillen
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
ANSWERED ``PRESENT''--1
Hyde
NOT VOTING--5
Fish
Ford (MI)
Grandy
Machtley
Washington
So the motion to recommit with instructions was not agreed to.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. OBERSTAR, announced that the yeas had it.
Mr. STOKES demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
344
<3-line {>
affirmative
Nays
84
Para. 72.26 [Roll No. 312]
YEAS--344
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Baker (CA)
Baker (LA)
Barcia
Barlow
Barrett (NE)
Bartlett
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Flake
Foglietta
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hansen
Harman
Hastert
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoke
Holden
Horn
Houghton
Hoyer
Hutchinson
Hutto
Hyde
Inslee
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
King
Kingston
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Michel
Miller (CA)
Mineta
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Packard
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Rogers
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Spratt
Stearns
Stenholm
Stokes
Strickland
Studds
Stupak
Sundquist
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
NAYS--84
Allard
Archer
Armey
Bachus (AL)
Ballenger
Barca
Barrett (WI)
Barton
Boehner
Bunning
Burton
Castle
Combest
Cox
Crane
Crapo
Cunningham
Doolittle
Dornan
Dreier
Duncan
Ehlers
Fawell
Franks (NJ)
Gekas
Goss
Grams
Hancock
Hefley
Herger
Hoekstra
Huffington
Hughes
Hunter
Inglis
Inhofe
Istook
Jacobs
Johnson, Sam
Kim
Klug
Knollenberg
Kolbe
Kyl
Leach
Linder
Manzullo
McCandless
McKeon
Mica
Miller (FL)
Minge
Moorhead
Myers
Nussle
Oxley
Paxon
Penny
Peterson (MN)
Petri
Pombo
Porter
Portman
Ramstad
Roberts
Roemer
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Schaefer
Schroeder
Sensenbrenner
Shuster
Smith (MI)
Solomon
Spence
Stark
Stump
Swett
Walker
Zeliff
Zimmer
NOT VOTING--6
Coyne
Fish
Ford (MI)
Grandy
Machtley
Washington
So the bill was passed.
[[Page 1189]]
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 72.27 waiving points of order against h.r. 4650 and conference
report on h.r. 4454
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That the following resolutions (H. Res. 469 and H. Res. 470)
are hereby deemed considered and agreed to:
Resolved, That points of order against consideration of the
bill (H.R. 4650) making appropriations for the Department of
Defense for the fiscal year ending September 30, 1995, and
for other purposes, for failure to comply with clause 7 of
rule XXI are waived. During consideration of the bill, all
points of order against provisions in the bill for failure to
comply with clause 2 or 6 of rule XXI are waived.
____
H.R. Res. 470
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (H.R. 4454) making appropriations for the Legislative
Branch for the fiscal year ending September 30, 1995, and for
other purposes. All points of order against the conference
report and against its consideration are waived. The
conference report shall be considered as read.
Para. 72.28 legislative branch appropriations
Mr. FAZIO, pursuant to House Resolution 470, called up the following
conference report (Rept. No. 103-567):
The committee of conference on the disagreeing votes of the
two Houses on the amendments for the Senate to the bill (H.R.
4454) ``making appropriations for the Legislative Branch for
the fiscal year ending September 30, 1995, and for other
purposes,'' having met, after full and free conference, have
agreed to recommend and do recommend to their respective
Houses as follows:
That the Senate recede from its amendments numbered 24 and
31.
That the House recede from its disagreement to the
amendments of the Senate numbered 1, 2, 3, 4, 5, 6, 7, 8, 9,
10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 23, 27, 28, and 29,
and agree to the same.
Amendment numbered 11:
That the House recede from its disagreement to the
amendment of the Senate numbered 11, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$60,084,000; and the Senate agree to the same.
Amendment numbered 21:
That the House recede from its disagreement to the
amendment of the Senate numbered 21, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$12,483,000; and the Senate agree to the same.
Amendment numbered 22:
That the House recede from its disagreement to the
amendment of the Senate numbered 22, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$3,441,000; and the Senate agree to the same.
Amendment numbered 25:
That the House recede from its disagreement to the
amendment of the Senate numbered 25, and agree to the same
with an amendment, as follows:
In lieu of the amount proposed by said amendment insert:
$4,293; and the Senate agree to the same.
Amendment numbered 26:
That the House recede from its disagreement to the
amendment of the Senate numbered 26, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment insert:
Sec. 207. Section 207(a) of the Legislative Appropriations
Act, 1993 (Public Law 102-392) is amended--
(1) in paragraph (2)(A) by inserting after ``as certified
by the Public Printer,'' the following: ``if the work is
included in a class of work which''; and
(2) by amending paragraph (3) to read as follows:
``(3) As used in this section, the term `printing' includes
the processes of composition, platemaking, presswork,
duplicating, silk screen processes, binding, microform, and
the end items of such processes.''.
And the Senate agree to the same.
Amendment numbered 30:
That the House recede from its disagreement to the
amendment of the Senate numbered 30, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment insert:
Sec. 310. Upon enactment of this Act, $2,015,000 is made
available under the headings ``Architect of the Capitol,
Capitol Buildings and Grounds, Capitol Buildings'' to remain
available until expended for all necessary expenses relating
to he purchase and installation of x-ray machines and
magnetometers: Provided, That the cost limitation for
security installations, which are approved by the Capitol
Police Board, authorized by House Concurrent Resolution 550,
Ninety-Second Congress, agreed to September 19, 1972, is
hereby further increased by $2,015,000: Provided further,
That the amount made available shall be derived by transfer
from the funds appropriated to the Clerk of the House in the
Fiscal year 1986 Urgent Supplemental Appropriations Act,
Public Law 99-349, and subsequently transferred to the
Architect of the Capitol pursuant to the Legislative Branch
Appropriations Act, 1989, Public Law 100-458, for Capitol
Complex Security Enhancements.
And the Senate agree to the same.
Amendment numbered 32:
That the House recede from its disagreement to the
amendment of the Senate numbered 32, and agree to the same
with an amendment, as follows:
Retain the matter proposed by said amendment amended as
follows:
In lieu of the section number proposed by said amendment
insert: 311; and the Senate agree to the same.
Amendment numbered 33:
That the House recede from its disagreement to the
amendment of the Senate numbered 33, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment insert:
Sec. 312. Architect of the Capitol Human Resources
Program.--
(a) Short Title.--This section may be cited as the
``Architect of the Capitol Human Resources Act''.
(b) Finding and Purpose.--
(1) Finding.--The Congress finds that the Office of the
Architect of the Capitol should develop human resources
management programs that are consistent with the practices
common among other Federal and private sector organizations.
(2) Purpose.--It is the purpose of this section to require
the Architect of the Capitol to establish and maintain a
personnel management system that incorporates fundamental
principles that exist in other modern personnel systems.
(c) Personnel Management System.--
(1) Establishment.--The Architect of the Capitol shall
establish and maintain a personnel management system.
(2) Requirements.--The personnel management system shall at
a minimum include the following:
(A) A system which ensures that applicants for employment
and employees of the Architect of the Capitol are appointed,
promoted, and assigned on the basis of merit and fitness
after fair and equitable consideration of all applicants and
employees through open competition.
(B) An equal employment opportunity program which includes
an affirmative employment program for employees and
applicants for employment, and procedures for monitoring
progress by the Architect of the Capitol in ensuring a
workforce reflective of the diverse labor force.
(C) A system for the classification of positions which
takes into account the difficulty, responsibility, and
qualification requirements of the work performed, and which
conforms to the principle of equal pay for substantially
equal work.
(D) A program for the training of Architect of the Capitol
employees which has among its goals improved employee
performance and opportunities for employee advancement.
(E) A formal performance appraisal system which will permit
the accurate evaluation of job performance on the basis of
objective criteria for all Architect of the Capitol
employees.
(F) A fair and equitable system to address unacceptable
conduct and performance by Architect of the Capitol
employees, including a general statement of violations,
sanctions, and procedures which shall be made known to all
employees, and a formal grievance procedure.
(G) A program to provide services to deal with mental
health, alcohol abuse, drug abuse, and other employee
problems, and which ensures employee confidentiality.
(H) A formal policy statement regarding the use and accrual
of sick and annual leave which shall be made known to all
employees, and which is consistent with the other
requirements of this section.
(d) Implementation of Personnel Management System.--
(1) Development of plan.--The Architect of the Capitol
shall--
(A) develop a plan for the establishment and maintenance of
a personnel management system designed to achieve the
requirements of subsection (c);
(B) submit the plan to the Speaker of the House of
Representatives, the House Office Building Commission, the
Committee on Rules and Administration of the Senate, the
Joint Committee on the Library, and the Committee on
Appropriations of the Senate and the House of Representatives
not later than 12 months after the date of enactment of this
Act; and
(C) implement the plan not later than 90 days after the
plan is submitted to the Speaker of the House of
Representatives, the House Office Building Commission, the
Committee on Rules and Administration of the Senate, the
Joint Committee on the Library, and the Committees on
Appropriations of the Senate and the House of
Representatives, as specified in subparagraph (B).
(2) Evaluation and reporting.--The Architect of the Capitol
shall develop a system of oversight and evaluation to ensure
that the personnel management system of the Architect of the
Capitol achieves the requirements of subsection (c) and
complies with all
[[Page 1190]]
other relevant laws, rules and regulations. The Architect of
the Capitol shall report to the Speaker of the House of
Representatives, the House Office Building Commission, the
Committee on Rules and Administration of the Senate, and the
Joint Committee on the Library on an annual basis the results
of its evaluation under this subsection.
(3) Application of laws.--Nothing in this section shall be
construed to alter or supersede any other provision of law
otherwise applicable to the Architect of the Capitol or its
employees, unless expressly provided in this section.
(e) Discrimination Complaint Processing.--
(1) Definitions.--For purposes of this subsection:
(A) The term ``employee of the Architect of the Capitol''
or ``employee'' means--
(i) any employee of the Architect of the Capitol, the
Botanic Garden, or the Senate Restaurants;
(ii) any applicant for a position that is to be occupied by
an individual described in clause (i); or
(iii) within 180 days after the termination of employment
with the Architect of the Capitol, any individual who was
formerly an employee described in clause (i) and whose claim
of a violation arises out of the individual's employment with
the Architect of the Capitol.
(B) The term ``violation'' means a practice that violates
paragraph (2) of this subsection.
(C) Notwithstanding subparagraph (A), the terms ``employee
of the Architect of the Capitol'' and ``employee'' do not
include any individual referred to in clause (i), (ii), or
(iii) of such subparagraph who is a House of Representatives
garage or parking lot attendant (including the
Superintendent), with respect to whom supervision and all
other employee-related matters are transferred to the
Sergeant at Arms of the House of Representatives pursuant to
direction of the Committee on Appropriations of the House of
Representatives in House Report 103-517 of the One Hundred
Third Congress.
(2) Discriminatory practices prohibited.--
(A) In general.--All personnel actions affecting employees
of the Architect of the Capitol shall be made free from any
discrimination based on--
(i) race, color, religion, sex, or national origin, within
the meaning of section 717 of the Civil Rights Act of 1964
(42 U.S.C. 2000e-16);
(ii) age, within the meaning of section 15 of the Age
Discrimination in Employment Act of 1967 (29 U.S.C. 633a); or
(iii) handicap or disability, within the meaning of section
501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) and
sections 102 through 104 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12112-14).
(B) Intimidation prohibited.--Any intimidation of, or
reprisal against, any employee by the Architect of the
Capitol, or by any employee of the Architect of the Capitol,
because of the exercise of a right under this section
constitutes an unlawful employment practice, which may be
remedied in the same manner as are other violations described
in subparagraph (A).
(3) Procedure for consideration of alleged violations.--
(A) Any employee of the Architect of the Capitol alleging a
violation of paragraph (2) may file a charge with the General
Accounting Office Personnel Appeals Board in accordance with
the General Accounting Office Personnel Act of 1980 (31
U.S.C. 751-55). Such a charge may be filed only after the
employee has filed a complaint with the Architect of the
Capitol in accordance with requirements prescribed by the
Architect of the Capitol and has exhausted all remedies
pursuant to such requirements.
(B) The Architect of the Capitol shall carry out any action
within its authority that the Board orders under section 4 of
the General Accounting Office Personnel Act of 1980 (31
U.S.C. 753).
(C) The Architect of the Capitol shall reimburse the
General Accounting Office for costs incurred by the Board in
considering charges filed under this subsection.
(4) Amendments to the general accounting office personnel
act of 1980.--
(A) Section 751(a)(1) of title 31, United States Code, is
amended by inserting ``or of the Architect of the Capitol,
the Botanic Garden, or the Senate Restaurants,'' after
``Office''.
(B) Section 753(a) of title 31, United States Code, is
amended--
(i) in paragraph (7) by striking ``and'' at the end of the
paragraph;
(ii) in paragraph (8) by striking the period and
inserting``; and''; and
(iii) by inserting at the end thereof the following:
``(9) an action involving discrimination prohibited under
section 312(e)(2) of the Architect of the Capitol Human
Resources Act.''
(C) Section 755 of title 31, United States Code, is
amended--
(i) in subsection (a), by striking ``or (7)'' and inserting
``, (7) or (9)''; and
(ii) in subsection (b)--
(I) by striking ``or applicant for employment'' and
inserting ``applicant for employment, or employee of the
Architect of the Capitol, the Botanic Garden, or the Senate
Restaurants''; and
(II) by inserting ``or under section 312(e)(2) of the
Architect of the Capitol Human Resources Act'' after ``of
this title''.
(f) Conforming Amendments.--
(1) Section 301(c) of Public Law 102-166 is amended--
(A) by striking subparagraph (B);
(B) by striking ``or (B)'' in subparagraphs (C) and (D);
and
(C) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively.
(2) Section 305(c) of Public Law 102-166 is amended to read
as follows:
``(c) Employees of the Capitol Police.--In the case of an
employee who is a member of the Capitol Police, the Director
may refer the employee to the Capitol Police Board for
resolution of the employee's complaint through the internal
grievance procedures of the Capitol Police Board for a
specific period of time, which shall not count against the
time available for counseling or mediation under this
title.''.
(3) Section 312 of Public Law 102-166 is amended by
striking ``or by the Architect of the Capitol, or anyone
employed by the Architect of the Capitol,''.
(4) Section 501(h)(2) of the Family and Medical Leave Act
of 1993 is amended by striking ``or (B)''.
And the Senate agree to the same.
Vic Fazio,
James P. Moran,
David R. Obey,
John P. Murtha,
Bob Carr,
Martin O. Sabo,
Bill Young,
Ron Packard,
Charles H. Taylor,
Joseph M. McDade,
Managers on the Part of the House.
Harry Reid,
Barbara A. Mikulski,
Patty Murray,
Robert C. Byrd,
Connie Mack,
Conrad Burns,
Mark O. Hatfield,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
By unanimous consent, the previous question was ordered on the
conference report to its adoption or rejection and, under the operation
thereof, the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 72.29 dod appropriations
Mr. MURTHA moved that the House resolve itself into the Committee of
the Whole House on the state of the Union for the consideration of the
bill (H.R. 4650) making appropriations for the Department of Defense for
the fiscal year ending September 30, 1995, and for other purposes.
Pending said motion,
On motion of Mr. MURTHA, by unanimous consent,
Ordered, That time for general debate continue not to exceed five
minutes to be equally divided and controlled by Mr. MURTHA and Mr.
McDADE.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. OBERSTAR, announced that the yeas had it.
So the motion was agreed to.
Accordingly,
The House resolved itself into the Committee of the Whole House on the
state of the Union for the consideration of said bill.
The SPEAKER pro tempore, Mr. OBERSTAR, by unanimous consent,
designated Mr. TORICELLI as Chairman of the Committee of the Whole; and
after some time spent therein,
The SPEAKER pro tempore, Mr. McNULTY, assumed the Chair.
When Mr. TORRICELLI, Chairman, reported that the Committee, having had
under consideration said bill, had directed him to report the same back
to the House with an amendment adopted by the Committee with the
recommendation that the amendment be agreed to and that the bill, as
amended, do pass.
By unanimous consent, the previous question was ordered on the
amendment and the bill.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
On page 107 of the bill, after line 4, insert the following
new section:
Sec. 8121. The total amount appropriated to or for the use
of the Department of Defense by this act for research,
development, test and evaluation for management support is
hereby reduced by $30,000,000: Provided, That the Secretary
of Defense shall allocate the amount reduced in the preceding
sentence and not later than December 31, 1994, report to the
Senate and the House Committees on Appropriations and Armed
Services
[[Page 1191]]
how this reduction was allocated among the services and
Defense agencies.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. McNULTY, announced that the yeas had it.
Mr. BUNNING demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
330
<3-line {>
affirmative
Nays
91
Para. 72.30 [Roll No. 313]
YEAS--330
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (NE)
Bateman
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Byrne
Callahan
Calvert
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (GA)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeLauro
Derrick
Deutsch
Dickey
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (TX)
Emerson
Engel
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (TN)
Fowler
Franks (CT)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Green
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastert
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Holden
Horn
Houghton
Hoyer
Hughes
Hutchinson
Hutto
Hyde
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Kolbe
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Maloney
Mann
Manton
Manzullo
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Mfume
Mica
Michel
Miller (CA)
Mineta
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Morella
Murtha
Nadler
Neal (MA)
Neal (NC)
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pickle
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Spence
Spratt
Stenholm
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Weldon
Wheat
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Young (AK)
Young (FL)
NAYS--91
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (WI)
Bartlett
Barton
Bentley
Brown (CA)
Bunning
Burton
Buyer
Camp
Coble
Collins (IL)
Combest
Cox
Crane
Crapo
Cunningham
DeFazio
Diaz-Balart
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (CA)
Ehlers
Ewing
Fawell
Fields (TX)
Frank (MA)
Franks (NJ)
Goss
Grams
Greenwood
Hamburg
Hancock
Hansen
Hefley
Herger
Hoekstra
Hoke
Huffington
Hunter
Inglis
Inhofe
Johnson, Sam
Johnston
Klug
Knollenberg
Kyl
Margolies-Mezvinsky
McHugh
McInnis
Meyers
Miller (FL)
Minge
Moorhead
Myers
Nussle
Oberstar
Owens
Paxon
Penny
Peterson (MN)
Petri
Pombo
Ramstad
Ros-Lehtinen
Roth
Roukema
Royce
Sanders
Schaefer
Sensenbrenner
Shays
Solomon
Stark
Stearns
Stump
Thomas (WY)
Vento
Waxman
Wyden
Zeliff
Zimmer
NOT VOTING--13
DeLay
Dellums
Fish
Ford (MI)
Gibbons
Grandy
Machtley
Murphy
Smith (OR)
Swift
Washington
Whitten
Yates
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 72.31 adjournment of the two houses
On motion of Mr. GEPHARDT, by unanimous consent, the House considered
the following concurrent resolution (H. Con. Res. 263):
Resolved by the House of Representatives (the Senate
concurring), That when the House adjourns on the legislative
day of Thursday, June 30, 1994, it stand adjourned until
10:30 a.m. on Tuesday, July 12, 1994, or until noon on the
second day after Members are notified to reassemble pursuant
to section 2 of this concurrent resolution, whichever occurs
first; and that when the Senate recesses or adjourns at the
close of business on Thursday, June 30, 1994, Friday, July 1,
1994, Saturday, July 2, 1994, or Sunday, July 3, 1994
pursuant to a motion made by the Majority Leader or his
designee, in accordance with this resolution, it stand
recessed or adjourned until noon on Monday, July 11, 1994, or
at such time on that day as may be specified by the Majority
Leader or his designee in the motion to recess or adjourn, or
until noon on the second day after Members are notified to
reassemble pursuant to section 2 of this concurrent
resolution, whichever occurs first.
Sec. 2. The Speaker of the House and the Majority Leader of
the Senate, acting jointly after consultation with the
Minority Leader of the House and the Minority Leader of the
Senate, shall notify the Members of the House and the Senate,
respectively, to reassemble whenever, in their opinion, the
public interest shall warrant it.
When said concurrent resolution was agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 72.32 motion to instruct conferees--h.r. 3355
Ms. MOLINARI submitted the privileged motion to instruct the managers
on the part of the House at the conference with the Senate on the
disagreeing votes of the two Houses on the House amendment to the Senate
amendment to the bill (H.R. 3355) to amend the Omnibus Crime Control and
Safe Streets Act of 1968 to allow grants to increase police presence, to
expand and improve cooperative efforts between law enforcement agencies
and members of the community, to address crime and disorder problems,
and otherwise to enhance public safety; be instructed not to make any
agreement that does not include subtitle E of title VIII of the Senate
amendment, providing for the admissibility of evidence of similar crimes
in sex offense cases.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House now agree to said motion?
The SPEAKER announced that the yeas had it.
Ms. MOLINARI demanded a recorded vote on agreeing to said motion,
which demand was supported by one-fifth of a quorum, so a recorded vote
was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
348
<3-line {>
affirmative
Nays
62
Para. 72.33 [Roll No. 314]
AYES--348
Ackerman
Allard
Andrews (NJ)
Archer
Armey
Bacchus (FL)
[[Page 1192]]
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Brewster
Browder
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kaptur
Kasich
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lucas
Maloney
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meehan
Menendez
Meyers
Mfume
Mica
Michel
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Montgomery
Moorhead
Moran
Morella
Myers
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Rowland
Royce
Sabo
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Strickland
Stump
Stupak
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Traficant
Upton
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wheat
Williams
Wilson
Wise
Wolf
Wyden
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--62
Abercrombie
Andrews (ME)
Becerra
Beilenson
Berman
Brooks
Brown (CA)
Clayton
Collins (IL)
Collins (MI)
Conyers
Coyne
Derrick
Dixon
Edwards (CA)
Evans
Flake
Foglietta
Furse
Gonzalez
Hamburg
Hastings
Hughes
Kanjorski
Kennedy
Kopetski
Lewis (GA)
Lowey
Mann
McDermott
McKinney
Meek
Miller (CA)
Mollohan
Nadler
Olver
Owens
Payne (NJ)
Pelosi
Rangel
Rostenkowski
Roukema
Roybal-Allard
Rush
Sanders
Sangmeister
Schumer
Scott
Skaggs
Stokes
Swift
Synar
Towns
Tucker
Unsoeld
Velazquez
Vento
Visclosky
Waters
Watt
Waxman
Woolsey
NOT VOTING--24
Andrews (TX)
Applegate
Bateman
Boucher
Clay
DeFazio
Dellums
Fish
Ford (MI)
Gibbons
Grandy
Hall (OH)
Lewis (FL)
Machtley
Murphy
Murtha
Pickett
Smith (OR)
Stark
Studds
Valentine
Washington
Whitten
Yates
THURSDAY, JUNE 30 (LEGISLATIVE DAY OF JUNE 29), 1994
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
Para. 72.34 printing resolution
On motion of Mr. ROSE, by unanimous consent, the Committee on House
Administration was discharged from further consideration of the
following concurrent resolution of the Senate (S. Con. Res. 68):
Resolved by the Senate (the House of Representatives
concurring), That there shall be printed as a Senate document
``U.S. Senator Robert C. Byrd's Addresses to the United
States Senate on the History of Roman Constitutionalism'',
delivered between May 5, 1993 and October 18, 1993.
Sec. 2. The document referred to in the first section shall
be--
(1) published under the supervision of the Secretary of the
Senate; and
(2) in such style, form, manner, and binding as directed by
the Joint Committee on Printing, after consultation with the
Secretary of the Senate.
The document shall include illustrations.
Sec. 3. In addition to the usual number of copies of the
document, there shall be printed the lesser of--
(1) 5,000 copies for the use of the Secretary of Senate; or
(2) such number of copies as does not exceed a total
production and printing cost of $47,864.
When said concurrent resolution was considered and agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 72.35 bills presented to the president
Mr. ROSE, from the Committee on House Administration, reported that
that committee did on the following date present to the President, for
his approval, bills of the House of the following title:
On June 28, 1994:
H.R. 1758. An Act to revise, codify, and enact without
substantive change certain general and permanent laws,
related to transportation, as subtitles II, III, and V-X of
title 49, United States Code, ``Transportation'', and to make
other technical improvements in the Code.
H.R. 3724. An Act to designate the United States courthouse
located in Bridgeport, Connecticut, as the ``Brien McMahon
Federal Building''.
H.R. 4568. An Act making supplemental appropriations for
the Department of Housing and Urban Development for the
fiscal year ending September 30, 1994, and for other
purposes.
And then,
Para. 72.36 adjournment
On motion of Mr. DOOLEY, at 12 o'clock and 11 minutes a.m., Thursday,
June 30 (Legislative Day of Wednesday, June 29), 1994, the House
adjourned.
Para. 72.37 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. FROST: Committee on Rules. House Resolution 469.
Resolution waiving certain points of order against the bill
(H.R. 4650) making appropriations for the Department of
Defense for the fiscal year ending September 30, 1995, and
for other purposes (Rept. No. 103-568). Referred to the House
Calendar.
Mr. DERRICK: Committee on Rules. House Resolution 470.
Resolution waiving points of order against the conference
report to accompany the bill (H.R. 4454) making
appropriations for the legislative branch for the fiscal year
ending September 30, 1995, and for other purposes (Rept. No.
103-569). Referred to the House Calendar.
Para. 72.38 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BROWN of California (for himself, Mr. Valentine,
Mrs. Morella, Mr. Klein, Mr. McHale, and Mr. Johnson
of Georgia):
H.R. 4673. A bill to establish a U.S. Design Council as an
advisory committee within the Department of Commerce to
promote understanding of the importance of design in the
development of products and systems, and for other purposes;
jointly, to the Committees on Energy and Commerce and
Science, Space, and Technology.
By Mrs. COLLINS of Illinois:
H.R. 4674. A bill to provide for the reliquidation of
certain entries of imported chemicals; to the Committee on
Ways and Means.
[[Page 1193]]
By Ms. LONG (for herself, Mr. de la Garza, Mr. Emerson,
Mr. Kingston, Mr. Pomeroy, Mr. Bereuter, Mr. Rose,
Mr. Stenholm, Mr. Johnson of South Dakota, Mr.
Condit, Mr. Peterson of Minnesota, Mr. Dooley, Mrs.
Clayton, Mr. Minge, Mr. Holden, Ms. McKinney, Mr.
Baesler, Mrs. Thurman, Mr. Thompson, Mr. Bishop, Ms.
Lambert, Mr. Farr, Mr. Gunderson, Mr. Combest, Mr.
Allard, Mr. Barrett of Nebraska, Mr. Nussle, Mr.
Boehner, Mr. Dickey, Mr. Pombo, Mr. Everett, Mr.
Fazio, Mr. Hayes, Mr. Leach, Mr. McHugh, Mr.
Montgomery, Mr. Gilchrest, Mr. Lancaster, Mr.
Lightfoot, Mr. Livingston, Mr. Crapo, Mr. Clyburn,
Mr. Hastings, Mr. Lewis of Florida, Mr. Evans, Mr.
Barton of Texas, Mr. Williams, Mr. Sarpalius, and Mr.
Lucas):
H.R. 4675. A bill to maintain the ability of U.S.
agriculture to remain viable and competitive in domestic and
international markets, to meet the food and fiber needs of
United States and international consumers, and for other
purposes; jointly, to the Committees on Agriculture and
Foreign Affairs.
By Ms. LAMBERT (for herself and Mr. McCloskey):
H.R. 4676. A bill to provide for the coordination and
implementation of a national aquaculture policy for the
private sector by the Secretary of Agriculture, to establish
an aquaculture development and research program, and for
other purposes; jointly, to the Committees on Agriculture and
Merchant Marine and Fisheries.
By Mr. LEVIN:
H.R. 4677. A bill to provide for monthly reporting of child
support obligations to certain consumer reporting agencies;
to the Committee on Ways and Means.
By Mr. ORTON:
H.R. 4678. A bill to amend the Congressional Budget Act of
1974 to provide more program specificity during consideration
of concurrent resolutions on the budget, and for other
purposes; to the Committee on Rules.
By Mr. SPRATT (for himself and Mr. Conyers:)
H.R. 4679. A bill to amend the Inspector General Act of
1978 to expand the mission of inspectors general, to provide
for greater independence for inspectors general, and to make
inspectors general more effective and accountable; to the
Committee on Government Operations.
H.R. 4680. A bill to amend title 5, United States Code, to
provide sanctions and remedies for violations of the right of
executive branch employees to provide information to the
Congress and its committees, and to amend the Inspector
General Act of 1978 to provide protections for executive
branch employees who provide information to an inspector
general; jointly, to the Committees on Post Office and Civil
Service and Government Operations.
By Mr. RICHARDSON (for himself, Mrs. Collins of
Illinois, and Mrs. Schroeder):
H.R. 4682. A bill to guarantee the participation of small
businesses, rural telephone companies, and businesses owned
by members of minority groups and women in spectrum auctions;
to the Committee on Energy and Commerce.
By Mr. PALLONE:
H.R. 4683. A bill to amend the Solid Waste Disposal Act to
provide congressional authorization of State control over
transportation of municipal solid waste, and for other
purposes; to the Committee on Energy and Commerce.
By Mr. GEPHARDT:
H. Con. Res. 263. Concurrent resolution providing for an
adjournment or recess of the two Houses; considered and
agreed to.
By Mr. ACKERMAN (for himself and Mr. Leach):
H. Res. 471. A resolution to urge the Government of Burma
[Myanmar] to release Aung San Suu Kyi, and for other
purposes; to the Committee on Foreign Affairs.
Para. 72.39 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
435. By the SPEAKER: Memorial of the House of
Representatives of the Commonwealth of Pennsylvania, relative
to memorializing the Congress of the United States to support
H.R. 3666 and S. 2007, the George C. Marshall Commemorative
Coin Acts; to the Committee on Banking, Finance and Urban
Affairs.
436. Also, memorial of the House of Representatives of the
Commonwealth of Pennsylvania, relative to memorializing the
Congress of the United States to support an amendment to the
U.S. Constitution to restore voluntary prayer in the public
school system; to the Committee on the Judiciary.
437. Also, memorial of the House of Representatives of the
Commonwealth of Pennsylvania, relative to memorializing the
President of the United States to appoint a special
presidential commission to study domestic violence, the
adequacy of the response of the criminal justice system, the
adequacy of social services, and the adequacy of police
protection for victims of domestic violence; to the Committee
on the Judiciary.
Para. 72.40 private bills and resolutions
Under clause 1 of rule XXII,
Mr. OBEY introduced a bill (H.R. 4681) to authorize the
Secretary of Transportation to issue a certificate of
documentation with appropriate endorsement for employment in
the coastwise trade and on the Great Lakes and their
tributary and connecting waters in trade with Canada for the
vessel Eagle Mar; which was referred to the Committee on
Merchant Marine and Fisheries.
Para. 72.41 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 123: Mr. Brewster.
H.R. 214: Mr. Kingston.
H.R. 465: Mr. Kingston.
H.R. 662: Mr. Kingston.
H.R. 723: Mr. Kingston.
H.R. 911: Mr. Miller of Florida and Mr. Ballenger.
H.R. 1080: Mr. Ballenger and Mr. Bachus of Alabama.
H.R. 1082: Mr. Torricelli.
H.R. 1164: Mr. Andrews of Maine.
H.R. 1181: Mr. Hilliard.
H.R. 1277: Mr. Hansen.
H.R. 1293: Mr. Walker and Mr. Kingston.
H.R. 1487: Mr. Kingston.
H.R. 1490: Mr. Orton and Mr. Lucas.
H.R. 1500: Mr. Deutsch and Mr. Richardson.
H.R. 1518: Mr. Kyl.
H.R. 1621: Mrs. Byrne.
H.R. 1627: Mr. Lucas.
H.R. 1671: Mr. Sabo.
H.R. 1683: Mrs. Unsoeld.
H.R. 1709: Mr. Barca of Wisconsin and Mr. Wheat.
H.R. 1737: Mr. Owens, Mr. Farr, and Mr. Frost.
H.R. 2043: Mr. Gejdenson.
H.R. 2175: Ms. Eddie Bernice Johnson of Texas.
H.R. 2258: Mr. Parker and Ms. Shepherd.
H.R. 2418: Mr. Taylor of North Carolina, Ms. Kaptur, Mr.
Minge, and Mr. Neal of North Carolina.
H.R. 2467: Mr. Regula, Mr. Sam Johnson, and Mr. Visclosky.
H.R. 2588: Mr. DeFazio.
H.R. 2646: Mr. Kingston.
H.R. 2717: Mr. Solomon, Mr. Burton of Indiana, and Mr.
Dornan.
H.R. 2790: Mr. Coleman.
H.R. 2826: Mr. Synar, Mr. Wynn, Mr. Sangmeister, and Mr.
Filner.
H.R. 2858: Mr. Kyl.
H.R. 2959: Mr. Quinn.
H.R. 3025: Mr. Johnston of Florida.
H.R. 3065: Mr. Royce.
H.R. 3255: Mr. McHugh and Mr. Kyl.
H.R. 3320: Mr. DeFazio, Mr. Doolittle, Mr. Pete Geren of
Texas, and Mr. Bartlett of Maryland.
H.R. 3324: Ms. Brown of Florida and Mr. Jefferson.
H.R. 3433: Mr. Barrett of Wisconsin, Mr. Murphy, Mr.
Ravenel, Ms. Eddie Bernice Johnson of Texas, Mr. Rangel, Mr.
Montgomery, Mr. Reynolds, Mr. Wheat, and Mr. Skaggs.
H.R. 3439: Mr. Rogers.
H.R. 3442: Mr. Kingston.
H.R. 3486: Mr. Camp.
H.R. 3574: Mr. Parker.
H.R. 3646: Mr. Gilman, Mr. Lewis of Florida, Mr. Skeen, and
Mr. Deutsch.
H.R. 3725: Ms. Dunn, Mr. Goss, and Mr. Canady.
H.R. 3795: Mr. Torricelli and Mr. Solomon.
H.R. 3820: Mr. Stupak.
H.R. 3866: Mr. Fingerhut, Mr. Skelton, Mr. Stupak, and Ms.
Brown of Florida.
H.R. 3871: Mr. Parker.
H.R. 3875: Mr. Tanner and Ms. Lambert.
H.R. 3940: Mr. Parker and Mr. Inglis of South Carolina.
H.R. 3955: Mr. Baesler and Mr. Dickey.
H.R. 3971: Mr. Paxon, Mrs. Johnson of Connecticut, and Mr.
Johnson of Georgia.
H.R. 3978: Mr. Smith of Oregon.
H.R. 3990: Mr. Fingerhut.
H.R. 3994: Mr. McNulty.
H.R. 4024: Ms. McKinney.
H.R. 4036: Ms. Margolies-Mezvinsky, Mrs. Meyers of Kansas,
Mr. McDade, and Mr. Doolittle.
H.R. 4050: Mr. Kennedy.
H.R. 4051: Ms. Norton.
H.R. 4100: Mr. Schiff.
H.R. 4115: Mr. Moran, Mr. Manton, and Mr. Fish.
H.R. 4129: Mr. Blackwell, Mr. Payne of New Jersey, Mr.
Andrews of Maine, Mr. Hansen, Mr. Chapman, and Mr. Pickett.
H.R. 4146: Mr. Baker of Louisiana.
H.R. 4210: Mr. Solomon, Mrs. Maloney, Mr. Pallone, Mr.
Borski, and Mr. King.
H.R. 4271: Ms. Woolsey.
H.R. 4279: Mr. Murphy, Mrs. Roukema, and Mr. Andrews of
Maine.
H.R. 4318: Mr. Yates and Mr. Frost.
H.R. 4366: Mr. Torres.
H.R. 4375: Mr. Bonior.
H.R. 4386: Mr. Gunderson, Mr. Thornton, and Mr. Duncan.
H.R. 4403: Mr. Herger.
H.R. 4404: Ms. Shepherd, Mr. Waxman, Mr. Thompson, Mr.
Barlow, and Mr. Mineta.
H.R. 4434: Ms. Furse, Mr. Poshard, Ms. Schenk, and Mr.
Solomon.
H.R. 4491: Mr. Machtley, Mr. Lipinski, and Mr. Cooper.
H.R. 4507: Mr. Ballenger.
H.R. 4514: Mr. Frank of Massachusetts and Mr. Owens.
H.R. 4517: Mr. Rogers.
H.R. 4519: Mr. Pete Geren of Texas.
H.R. 4528: Mr. Stark.
[[Page 1194]]
H.R. 4555: Mr. Pomeroy.
H.R. 4618: Mr. Kleczka, Mr. Olver, and Mrs. Maloney.
H.R. 4634: Mr. Grandy, Mr. Roberts, Mr. Hoagland, Mr.
Peterson of Minnesota, Mr. Obey, Mr. Costello, Mr. Skelton,
Mr. Emerson, Ms. Danner, Mr. Leach, Mr. Glickman, Mr.
Bereuter, Mr. Barrett of Nebraska, Mr. Pomeroy, Mr. Slattery,
Mr. Manzullo, Mr. Ewing, Mr. Evans, Mr. Lightfoot, Ms. Long,
Mr. de la Garza, Mr. Nussle, Mr. Abercrombie, Mrs. Thurman,
Mrs. Mink of Hawaii, Mr. Condit, Mr. Sarpalius, Ms. McKinney,
Mr. Williams, Mr. Holden, Mr. Rose, Mr. Mann, Mr. Dickey, Mr.
Penny, Mr. Sabo, Mr. Wheat, Mr. Frost, Mr. Combest, Mr. Barca
of Wisconsin, Mr. Lancaster, Mr. Gunderson, and Mr. Ehlers.
H.R. 4643: Mr. Traficant.
H.R. 4661: Mr. Torricelli and Mr. Gallo.
H.R. 4662: Mr. Torricelli and Mr. Gallo.
H.J. Res. 38: Mr. Lewis of Kentucky and Mr. Lucas.
H.J. Res. 297: Mr. LaFalce, Mrs. Unsoeld, Mr. Rowland, Mr.
Glickman, Mr. Bilirakis, Mr. Lehman, Mr. Rush, Mr. Hall of
Texas, Mrs. Maloney, Mr. Condit, Mr. Darden, Mr. Swift, Mr.
Richardson, Mr. Scott, Mr. Costello, Mr. Markey, Mr. Coleman,
Mr. Synar, Mr. Durbin, Mr. Hastings, Mr. Klink, Mr. Romero-
Barcelo, Mr. Miller of California, Mr. Ford of Michigan, Mrs.
Mink of Hawaii, Mr. Roberts, Mr. Stump, Mr. Coppersmith, Mr.
Traficant, Mr. Lazio, Mr. Wyden, Mr. Brewster, Ms. Danner,
Mr. Hinchey, Mr. Poshard, Mr. Sawyer, Mr. Sarpalius, Mr.
Roemer, Mr. Deal, Mr. McKeon, Mr. Peterson of Florida, Mr.
Fields of Texas, Mr. Jacobs, Mr. Coyne, Mr. Lipinski, Mr.
Dooley, Mr. Johnson of Georgia, Mr. Mollohan, Mr. Payne of
Virginia, Mr. Andrews of Texas, Mr. Volkmer, Mr. Spratt, Mr.
Taylor of Mississippi, Mrs. Byrne, Mr. Andrews of New Jersey,
Mr. Brooks, Ms. Slaughter, and Mr. Franks of Connecticut.
H.J. Res. 314: Mr. Serrano and Mr. Skeen.
H.J. Res. 332: Mr. Wolf, Mr. Poshard, Mr. Murphy, Mr.
Synar, Mr. Holden, Mr. Walsh, Mr. Hunter, Mr. Crane, Mr.
Sanders, Ms. Lowey, Mr. Kopetski, Mr. Hutto, Mr. Andrews of
New Jersey, Mr. Clement, Mr. Machtley, Mr. Edwards of Texas,
Mr. Saxton, Mrs. Bentley, Mr. Brewster, Mr. Quillen, and Mr.
Filner.
H.J. Res. 338: Mr. LaRocco, Mr. Goodling, Mrs. Unsoeld, and
Mr. Olver.
H.J. Res. 353: Mr. Schiff, Mr. Bonior, and Mrs. Fowler.
H.J. Res. 362: Mr. Martinez and Mr. Montgomery.
H.J. Res. 364: Mrs. Bentley, Mr. Baesler, Mr. de Lugo, Mr.
Gonzalez, Mr. Jacobs, Mr. Sawyer, Mr. Richardson, Mr.
Serrano, Mr. Fish, and Mr. Bacchus of Florida.
H.J. Res. 373: Mr. Gilman.
H.J. Res. 374: Ms. Slaughter, Mr. Lipinski, Mr. Flake, Mr.
Wheat, and Mr. Hoyer.
H. Con. Res. 6: Mr. Deal.
H. Con. Res. 15: Mr. Meehan.
H. Con. Res. 148: Ms. Kaptur.
H. Con. Res. 152: Mr. Gilman.
H. Con. Res. 166: Mr. Kingston.
H. Con. Res. 199: Mr. Grams.
H. Con. Res. 212: Mr. Dicks, Mr. Hinchey, and Mr.
Visclosky.
H. Con. Res. 234: Mr. Berman, Mr. Brown of California, Mr.
Gutierrez, Mr. Johnston of Florida, Mr. McHale, Mr. Sawyer,
Mr. Shays, and Mr. Waxman.
H. Con. Res. 247: Mr. Levy, Mr. Dooley, Ms. Woolsey, Mr.
Bateman, Mr. Waxman, Ms. Slaughter, and Mr. Barca of
Wisconsin.
H. Con. Res. 254: Mr. McCloskey, Ms. Pelosi, Ms. Woolsey,
Mr. McDermott, Mr. Ramstad, Mr. Abercrombie, Mr. Ackerman,
Mrs. Lloyd, Mr. Gejdenson, Mr. Berman, Mrs. Morella, Mr.
Shays, Ms. Furse, Mr. Porter, Mr. Gilman, Mr. McNulty, and
Mr. Evans.
H. Res. 234: Mr. Ehlers and Mr. Lightfoot.
H. Res. 247: Mr. Fish and Mr. Ballenger.
H. Res. 330: Mr. Kingston.
Para. 72.42 petitions, etc.
Under clause 1 of rule XXII,
100. The SPEAKER presented a petition of the citizens of
Brooklyn, NY, relative to Mrs. Stein, a citizen of Brooklyn;
which was referred to the Committee on the Judiciary.
Para. 72.43 deletions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 3266: Mr. Dooley.
.
THURSDAY, JUNE 30, 1994 (73)
The House was called to order by the SPEAKER.
Para. 73.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Thursday, June 29, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 73.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3454. A letter from the Assistant Secretary of the Army--
Installations, Logistics, and Financial Management--
Department of Defense, transmitting notification of emergency
munitions disposal, pursuant to 50 U.S.C. 1518; to the
Committee on Armed Services.
3455. A letter from the Secretary of Defense, transmitting
certification that each military service has developed and
implemented a plan to adjust its officer personnel assignment
and promotion policies; to the Committee on Armed Services.
3456. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting a copy of Transmittal No. 07-
94, concerning a cooperative research and development project
to be executed by the Department of Defense Advanced Research
Projects Agency and the United Kingdom Ministry of Defense
Directorate for Future Systems, pursuant to 22 U.S.C.
2767(f); to the Committee on Foreign Affairs.
3457. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed manufacturing license agreement for the production
of major defense equipment marketed to Taiwan (Transmittal
No. DTC-18-94), pursuant to 22 U.S.C. 2776(c) and (d); to the
Committee on Foreign Affairs.
3458. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed license for the export of major defense equipment
and services sold commercially to Mexico (Transmittal No.
DTC-19-94), pursuant to 22 U.S.C. 2776(c); to the Committee
on Foreign Affairs.
3459. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed license for the export of major defense equipment
and services sold commercially to Brunei (Transmittal No.
DTC-17-94), pursuant to 22 U.S.C. 2776(c); to the Committee
on Foreign Affairs.
3460. A letter from the President, Resolution Funding
Corporation, transmitting the annual report under the Federal
Managers' Financial Integrity Act for fiscal year 1993,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Operations.
3461. A letter from the Assistant Secretary for Indian
Affairs, Department of the Interior, transmitting
notification that the report on the implementation of the
Indian Self-Determination and Education Assistance Act should
be completed by July 1994, pursuant to 45 U.S.C. 450j-1(c);
to the Committee on Natural Resources.
3462. A letter from the Chairman, Pennsylvania Avenue
Development Corporation, transmitting a draft of proposed
legislation to amend the Pennsylvania Avenue Development
Corporation Act of 1972, to establish the Pennsylvania Avenue
Corporation, to provide for the maintenance and use of the
area between the White House and the Capitol, and for other
purposes; to the Committee on Natural Resources.
3463. A letter from the General Counsel, National Tropical
Botanical Garden, transmitting the annual audit report of the
National Tropical Botanical Garden, calender year 1993,
pursuant to Public Law 88-449, section 10(b) (78 Stat. 498);
to the Committee on the Judiciary.
3464. A letter from the Administrator, National Aeronautics
and Space Administration, transmitting a report on the
disposal of land valued in excess of $50,000, pursuant to 42
U.S.C. 2476a; to the Committee on Science, Space, and
Technology.
3465. A letter from the Comptroller General, General
Accounting Office, transmitting a report studying the ability
of the State and local governments to rebuild following the
January 1993 earthquake in southern California, pursuant to
Public Law 103-211, section 404; jointly, to the Committees
on Appropriations and Government Operations.
3466. A letter from the Comptroller General, General
Accounting Office, transmitting the results of the audit of
the principal financial statements of the U.S. Customs
Service for fiscal year 1993, pursuant to Public Law 101-576,
section 305 (104 Stat. 2853); jointly, to the Committees on
Government Operations and Ways and Means.
Para. 73.3 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed a bill of the following title, in which the
concurrence of the House is requested:
S. 2155. An Act to authorize the appropriation of funds for
the Federal share of the cost of the construction of a Forest
Ecosystem Research Laboratory at Oregon State University in
Corvallis, Oregon, and for other purposes.
Para. 73.4 calendar wednesday business dispensed with
On motion of Mr. MONTGOMERY, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, July
13, 1994, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
Para. 73.5 speaker and minority leader to accept resignations, appoint
commissions
On motion of Mr. MONTGOMERY, by unanimous consent,
Ordered, That, notwithstanding any adjournment of the House until
Tuesday, July 12, 1994, the Speaker and the Minority Leader be
authorized to ac-
[[Page 1195]]
cept resignations and to make appointments to commissions, boards and
committees duly authorized by law or by the House.
Para. 73.6 permission to file report
On motion of Mr. STUDDS, by unanimous consent, the Committee on
Merchant Marine and Fisheries was granted permission until 5:00 p.m.,
Friday, July 8, 1994, to file a report on the bill (H.R. 4008) to
authorize appropriations for National Oceanic and Atmospheric
Administration for fiscal years 1994 and 1995, and for other purposes.
Para. 73.7 designation of speaker pro tempore to sign enrollments
The SPEAKER pro tempore, Mr. MONTGOMERY, by unanimous consent, laid
before the House a communication, which was read as follows:
Washington, DC,
June 30, 1994.
I hereby designate the Honorable Steny H. Hoyer to act as
Speaker pro tempore to sign enrolled bills and joint
resolutions through July 12, 1994.
Thomas S. Foley,
Speaker of the House of Representatives.
By unanimous consent, the designation was accepted.
Para. 73.8 permission to file reports
On motion of Ms. LAMBERT, by unanimous consent, the Committee on
Energy and Commerce was granted permission until midnight tonight to
file a report (Rept. No. 103-582) on the bill (H.R. 3800) to amend the
Comprehensive Environmental Response, Compensation, and Liability Act of
1980, and for other purposes; and a report (Rept. No. 103-574) on the
bill (H.R. 2448) to improve the accuracy of radon testing products and
services, to increase testing for radon, and for other purposes.
Para. 73.9 recess--11:58 a.m.
The SPEAKER pro tempore, Mr. KANJORSKI, pursuant to clause 12 of rule
I, declared the House in recess at 11 o'clock and 58 minutes a.m.,
subject to the call of the Chair.
Para. 73.10 after recess--4:59 p.m.
The SPEAKER pro tempore, Mr. KANJORSKI, called the House to order.
Para. 73.11 further message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed without amendment a concurrent resolution of
the House of the following title:
H. Con. Res. 263. Concurrent resolution providing for an
adjournment or recess of the two Houses.
Para. 73.12 senate bill referred
A bill of the Senate of the following title was taken from the
Speaker's table and, under the rule, referred as follows:
S. 2155. An Act to authorize the appropriation of funds for
the Federal share of the cost of the construction of a Forest
Ecosystem Research Laboratory at Oregon State University in
Corvallis, Oregon, and for other purposes; to the Committee
on Agriculture.
And then,
Para. 73.13 adjournment
On motion of Mr. BEREUTER, pursuant to the provisions of House
Concurrent Resolution 263, at 5 o'clock and 4 minutes p.m., the House
adjourned until 10 o'clock and 30 minutes a.m. on Tuesday, July 12,
1994.
Para. 73.14 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. MILLER of California: Committee on Natural Resources.
H.R. 3707. A bill to establish an American Heritage Areas
Partnership Program in the Department of the Interior; with
an amendment (Rept. No. 103-570). Referred to the Committee
of the Whole House on the State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
S. 208, An Act to reform the concessions policies of the
National Park Service, and for other purposes; with an
amendment (Rept. No. 103-571). Referred to the Committee of
the Whole House on the State of the Union.
Mr. LaFALCE: Committee on Small business. H.R. 4322. A bill
to amend the Small Business Act to increase the authorization
for the development company program, and for other purposes;
with an amendment (Rept. No. 103-572). Referred to the
Committee of the Whole House on the State of the Union.
Mr. ROSE: Committee on House Administration. Investigation
of the Office of the Postmaster, pursuant to House Resolution
450 (Rept. No. 103-573). Referred to the House Calendar.
Mr. DINGELL: Committee on Energy and Commerce. H.R. 2448. A
bill to improve the accuracy of radon testing products and
services, to increase testing for radon, and for other
purposes; with an amendment (Rept. No. 103-574). Referred to
the Committee of the Whole House on the State of the Union.
Mr. GIBBONS: Committee on Ways and Means. House Joint
resolution 373. Resolution disapproving the extension of
nondiscriminatory treatment (most-favored-nation treatment)
to the products of the People's Republic of China (Rept. No.
103-575). Referred to the Committee of the Whole House on the
State of the Union.
Mr. DINGELL: Committee on Energy and Commerce. H.R. 3800. A
bill to amend the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, and for other
purposes; with an amendment (Rept. No. 103-582 Pt. 1).
Ordered to be printed.
Para. 73.15 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BOUCHER (for himself, Mr. Brown of California,
Mr. Boehlert, Mr. Traficant, Mr. Fawell, Mr. Ehlers,
and Mrs. Lloyd):
H.R. 4684. A bill to authorize and provide program
direction for high energy and nuclear physics research at the
Department of Energy, and for other purposes; to the
Committee on Science, Space, and Technology.
By Mr. LaFALCE:
H.R. 4685. A bill to authorize the establishment of a
premier lending program for participation in the certified
development company program, and for other purposes; to the
Committee on Small Business.
H.R. 4686. A bill to provide limited relief from high
interest rates in certain debentures guaranteed or purchased
by the Small Business Administration, and for other purposes;
to the Committee on Small Business.
By Ms. LAMBERT:
H.R. 4687. A bill to amend title XIX of the Social Security
Act to prohibit a State from requiring any child with special
health care needs to receive services under the State's plan
for medical assistance under such title through enrollment
with a capitated managed care plan until the State adopts
pediatric risk adjustment methodologies to take into account
the costs to capitated managed care plans of providing
services to such children, and to direct the Secretary of
Health and Human Services to develop model pediatric risk
adjustment methodologies for such purpose; to the Committee
on Energy and Commerce.
H.R. 4688. A bill to amend the Internal Revenue Code of
1986, the Public Health Service Act, and certain other acts
to provide for an increase in the number of health
professionals serving in rural areas; jointly, to the
Committee on Energy and Commerce, Ways and Means, and
Education and Labor.
H.R. 4689. A bill to amend title XVIII of the Social
Security Act to increase the bonus payment provided for
physicians' services furnished under part B of the Medicare
Program in a health professional shortage area to 20 percent
in the case or primary care services, to establish updates
for 1995 in the conversion factors used to determine the
amount of payment made for physicians' services under the
Medicare Program, and for other purposes; jointly, to the
Committees on Ways and Means and Energy and Commerce.
By Mr. BEREUTER:
H.R. 4690. A bill to provide assistance for the
establishment of community rural health networks in
chronically underserved areas, to provide incentives for
providers of health care services to furnish services in such
areas, to assist providers of emergency medical services in
such areas, and for other purposes; jointly, to the
Committees on Energy and Commerce, Ways and Means, Education
and Labor, and the Judiciary.
By Mr. BOUCHER:
H.R. 4691. A bill to establish the Saltville Heritage Area
in the Commonwealth of Virginia; to the Committee on Natural
Resources.
H.R. 4692. A bill to establish the Appalachian Coal
Heritage Area; to the Committee on Natural Resources.
By Mr. BROWN of California:
H.R. 4693. A bill to prohibit the importation of goods
produced abroad with child labor, and for other purposes;
jointly, to the Committees on Foreign Affairs and Ways and
Means.
By Mrs. BYRNE (for herself, Mr. Boucher, Mr. Moran, Mr.
Scott, and Mr. Sisisky):
H.R. 4694. A bill to exclude from Federal income taxation
amounts received in settlement of refund claims for State or
local income taxes on Federal retirement benefits which were
not subject to State or local income taxation on the same
basis as State or local retirement benefits; to the Committee
on Ways and Means.
By Mr. CLAY:
H.R. 4695. A bill to amend title 39, United States Code, to
provide for procedures under which persons wrongfully
arrested by the Postal Inspection Service on narcotics
charges may seek compensation from the
[[Page 1196]]
U.S. Postal Service; to the Committee on Post Office and
Civil Service.
By Mr. DeFAZIO:
H.R. 4696. A bill to permit an individual to be treated by
a health care practitioner with any method of medical
treatment such individual requests, and for other purposes;
to the Committee on Energy and Commerce.
By Ms. ENGLISH of Arizona:
H.R. 4697. A bill to modify the boundaries of Walnut Canyon
National Monument in the State of Arizona; to the Committee
on Natural Resources.
H.R. 4698. A bill to terminate price support and marketing
quotas for tobacco, disallow the income tax deduction for
certain advertising expenses for tobacco products, and to
establish a trust fund to support antidrugs and antitobacco
use activities; jointly, to the Committees on Agriculture,
Ways and Means, Energy and Commerce, and Education and Labor.
By Mr. EVANS (for himself, Mr. Dellums, Mr. Meehan, Mr.
Bonior, Mrs. Unsoeld, Mr. Stark, Mr. DeFazio, Mr.
Filner, Mr. Frank of Massachusetts, Ms. Pelosi, Mr.
Visclosky, Ms. Furse, Mr. Faleomavaega, Mr. Olver,
Mr. Hochbrueckner, Mr. Hinchey, Mr. Wynn, Mr. Engel,
Mr. Farr, Mr. Gutierrez, Mr. Durbin, Mr. Edwards of
California, Mr. Fingerhut, Mr. Lipinski, Mr.
Beilenson, Mr. Kreidler, Mr. Serrano, Mr. Sanders,
Mr. Shays, Mr. Kennedy, Ms. Shepherd, Mr. Hamburg,
Mr. Foglietta, Mr. Abercrombie, Mr. Miller of
California, Mr. Lewis of Georgia, Mrs. Morella, Mr.
Vento, Ms. Woolsey, Mr. Fish, Mr. Jacobs, Mr. Owens,
Ms. Slaughter, Mr. Strickland, Mr. Berman, Mr.
Andrews of Maine, Mr. McDermott, Mr. Kopetski, and
Mrs. Schroeder):
H.R. 4699. A bill to state the sense of Congress on the
production, possession, transfer, and use of antipersonnel
landmines, to place a moratorium on U.S. production of
antipersonnel landmines, and for other purposes; jointly, to
the Committees on Foreign Affairs and Armed Services.
By Mr. DINGELL (for himself, Mr. Moorhead, Mr. Markey
and Mr. Sabo):
H.R. 4700. A bill to amend the Communications Act of 1934
to prohibit unjust enrichment in the award of licenses by
means of pioneer preferences; to the Committee on Energy and
Commerce.
By Mr. FILNER:
H.R. 4701. A bill to amend title 38, United States Code, to
deem certain service in the organized military forces of the
Government of the Commonwealth of the Philippines and the
Philippine Scouts to have been active service for purposes of
benefits under programs administered by the Secretary of
Veterans Affairs; to the Committee on Veterans' Affairs.
By Mr. GOODLING (for himself, Mr. Doolittle, Mr. Fish,
Mr. Murphy, Mr. Rohrabacher, Mr. Underwood, and Mr.
Payne of Virginia):
H.R. 4702. A bill to amend the Internal Revenue Code of
1986 to allow builders to compute on the installment sales
method income from the sale of certain residential real
property, and for other purposes; to the Committee on Ways
and Means.
By Mr. JOHNSON of South Dakota:
H.R. 4703. A bill to amend the Federal Election Campaign
Act of 1971 to strengthen certain reporting requirements; to
the Committee on House Administration.
By Mr. KLINK:
H.R. 4704. A bill to provide for the conveyance of certain
lands and improvements in Hopewell Township, PA, to a
nonprofit organization known as the Beaver County Corp. for
Economic Development to provide a site for economi
development; to the Committee on Public Works and
Transportation.
By Mr. KOPETSKI:
H.R. 4705. A bill to authorize the appropriation of funds
for the Federal share of the cost of the construction of a
forest ecosystem research laboratory at Oregon State
University in Corvallis, OR, and other purposes; to the
Committee on Agriculture.
By Mr. KREIDLER:
H.R. 4706. A bill to provide for certain reductions in
Federal spending at or through facilities of the Department
of Energy, and for other purposes; jointly, to the Committees
on Armed Services, Energy and Commerce, and Science, Space,
and Technology.
By Mr. MACHTLEY:
H.R. 4707. A bill to amend the Immigration and Nationality
Act to make permanent the visa waiver program and to
authorize, under certain conditions, the designation of
certain member states of the European Union as visa waiver
program countries; to the Committee on the Judiciary.
By Mr. MARTINEZ (for himself and Ms. Waters):
H.R. 4708. A bill to establish a national public works
program to provide incentives for the creation of jobs and
address the restoration of infrastructure in communities
across the United States, and for other purposes; jointly, to
the Committees on Public Works and Transportation and
Education and Labor.
By Mr. RICHARDSON (for himself and Mr. Thomas of
Wyoming):
H.R. 4709. A bill to make certain technical corrections,
and for other purposes; to the Committee on Natural
Resources.
By Mr. SANDERS (for himself, Mr. Bonior, Ms. Kaptur,
Mr. Frank of Massachusetts, Mr. Brown of California,
Mr. DeFazio, Mr. Hinchey, Mrs. Bentley, Mr. Evans,
Mr. Dellums, and Mr. Olver):
H.R. 4710. A bill to require the inclusion of provisions
relating to worker rights and environmental standards in any
trade agreement entered into under any future trade
negotiating authority; to the Committee on Ways and Means.
By Ms. SLAUGHTER:
H.R. 4711. A bill to amend title 11 of United States Code
to with respect to certain debts in connection with divorce
or separation; to establish a commission to analyze
bankruptcy issues; and for other purposes; to the Committee
on the Judiciary.
By Mr. TORRICELLI (for himself, Mr. Lantos, and Mr.
McCandless):
H.R. 4712. A bill to assure that the United States can
provide assistance to certain foreign officials to reduce
illicit drug traffic; jointly, to the Committees on the
Judiciary and Foreign Affairs.
By Mrs. UNSOELD (for herself and Ms. Cantwell):
H.R. 4713. A bill to promote public confidence in the
Magnuson Fishery Conservation and Management Act, and for
other purposes; to the Committee on Merchant Marine and
Fisheries.
By Mr. CARDIN:
H.R. 4714. A bill to amend the Internal Revenue Code of
1986 to restore the exception to the market discount rules
for tax-exempt obligations; to the Committee on Ways and
Means.
By Mr. HERGER:
H.R. 4715. A bill to authorize the Secretary of the
Interior to convey certain lands administered by the
Secretary, and for other purposes; jointly, to the Committees
on Agriculture and Natural Resources.
By Mrs. JOHNSON of Connecticut:
H.R. 4716. A bill to provide compensation to certain
parties injured under the trade laws of the United States,
and for other purposes; to the Committee on Ways and Means.
By Mr. KIM (for himself, Mr. Ackerman, Mr. Bacchus of
Florida, Mr. Bachus of Alabama, Mr. Baker of
California, Mr. Bartlett of Maryland, Mr. Bonilla,
Mr. Brown of California, Mr. Calvert, Mr. Castle, Mr.
Coble, Mr. Crapo, Mr. DeLay, Mr. Dickey, Mr.
Doolittle, Mr. Dornan, Mr. Dreier, Mr. Duncan, Mr.
Franks of New Jersey, Mr. Gallegly, Mr. Pete Geren of
Texas, Mr. Gilman, Mr. Gingrich, Mr. Sam Johnson, Mr.
Kingston, Mr. Levy, Mr. Lewis of California, Mr.
Linder, Mr. Martinez, Mr. McHugh, Mr. McKeon, Mr.
Miller of Florida, Mr. Moorhead, Mr. Packard, Mr.
Rohrabacher, Mr. Royce, Mr. Sawyer, Mr. Smith of
Texas, Mr. Smith of Michigan, Mr. Filner, and Mr.
Hutchinson):
H.J. Res. 384. Joint resolution to designate the week of
February 6, 1995, as ``National Inventors Week''; to the
Committee on Post Office and Civil Service.
By Ms. MOLINARI (for herself, Mr. Richardson, Mr.
Quinn, Ms. Pryce of Ohio, Mr. Borski, Mr. Ackerman,
Mr. Kasich, Mr. Hoke, Mr. Castle, Mr. Valentine, Mr.
Mineta, Mr. Emerson, Mrs. Unsoeld, Mrs. Fowler, Mr.
Blute, Ms. Brown of Florida, Ms. Collins of Michigan,
Mr. Franks of Connecticut, Mr. Gunderson, Mr.
Houghton, Mr. Rangel, Mrs. Johnson of Connecticut,
Mr. Thompson, Mr. Waxman, Mrs. Morella, Mr. Dingell,
Mr. Sanders, Mr. Schumer, Mr. Synar, Mr. Walsh, Mr.
Wolf, Mr. Frost, Mr. Traficant, Ms. Furse, Mrs.
Kennelly, Mrs. Mink of Hawaii, Mr. Skeen, Mr.
Calvert, Mr. Andrews of Maine, Ms. Snowe, Mr. Bacchus
of Florida, Ms. Norton, Mr. Fish, and Mr. Flake):
H.J. Res. 385. Joint resolution to designate February 2,
1995, and February 1, 1996, as ``National Women and Girls in
Sports Day''; to the Committee on Post Office and Civil
Service.
By Mr. SMITH of New Jersey (for himself, Mr.
Torricelli, Mr. Gilman, Mr. Hyde, Mr. Hall of Ohio,
Mr. Livingston, Mr. Goss, and Mr. Emerson):
H. Con. Res. 264. Concurrent resolution establishing a
congressional commission for the purpose of assessing the
humanitarian, political, and diplomatic conditions in Haiti
and reporting to the Congress on the appropriate policy
options available to the United States with respect to Haiti;
to the Committee on Foreign Affairs.
By Mrs. FOWLER (for herself, Mr. Torkildsen, Ms. Dunn,
and Mr. Dreier):
H. Res. 472. Resolution providing for the consideration of
the bill (H.R. 3801) to improve the operations of the
legislative branch of the Federal Government, and for other
purposes; to the Committee on Rules.
By Mr. MANTON (for himself, Mr. Pallone, Ms. Roybal-
Allard, Mr. Owens, and Mr. Meehan):
H. Res. 473. Resolution to raise awareness about domestic
violence against women in the United States; to the Committee
on Education and Labor.
Para. 73.16 private bills and resolutions
Under clause 1 of rule XXII, private bills and resolutions were
introduced and severally referred as follows:
By Mr. LEVIN:
H.R. 4717. A bill to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
and on the Great Lakes and their tributary
[[Page 1197]]
and connecting waters in trade with Canada for the vessel Sea
Hawk III; to the Committee on Merchant Marine and Fisheries.
By Mr. MONTGOMERY:
H.R. 4718. A bill for the relief of Joe W. Floyd; to the
Committee on the Judiciary.
Para. 73.17 reports of committees on private bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. BROOKS: Committee on the Judiciary. S. 537. An Act for
the relief of Tania Gil Compton (Rept. No. 103-576). Referred
to the Committee of the Whole House.
Mr. BROOKS: Committee on the Judiciary. H.R. 3718. A bill
for the relief of Mark A. Potts (Rept. No. 103-577). Referred
to the Committee of the Whole House.
Mr. BROOKS: Committee on the Judiciary. H.R. 2266. A bill
for relief of Orlando Wayne Naraysingh (Rept. No. 103-578).
Referred to the Committee of the Whole House.
Mr. BROOKS: Committee on the Judiciary. H.R. 2411. A bill
for the relief of Leteane Clement Monatsi (Rept. No. 103-
579). Referred to the Committee of the Whole House.
Mr. BROOKS: Committee on the Judiciary. H.R. 1184. A bill
for the relief of Jung Ja Golden (Rept. No. 103-580).
Referred to the Committee of the Whole House.
Mr. BROOKS: Committee on the Judiciary. H.R. 2084. A bill
for the relief of Fanie Phily Mateo Angeles; with an
amendment (Rept. No. 103-581). Referred to the Committee of
the Whole House.
Para. 73.18 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 65: Ms. Kaptur.
H.R. 70: Mr. Kyl.
H.R. 455: Mr. Pomeroy.
H.R. 465: Mr. Kyl.
H.R. 500: Mr. Moran.
H.R. 561: Mr. Young of Alaska.
H.R. 851: Mr. Solomon.
H.R. 1482: Mr. Kyl.
H.R. 1483: Mr. Kyl.
H.R. 1487: Mr. Kyl.
H.R. 1505: Mr. Kyl.
H.R. 1859: Mrs. Byrne.
H.R. 1915: Mr. Torkildsen.
H.R. 2088: Mr. Franks of Connecticut and Mr. Swett.
H.R. 2292: Mrs. Morella and Mr. Blute.
H.R. 2467: Mr. Flake and Mr. Klink.
H.R. 2626: Mr. LaFalce and Ms. Pelosi.
H.R. 2929: Mr. McInnis.
H.R. 2990: Mr. Parker.
H.R. 3024: Mr. Ballenger.
H.R. 3039: Mr. Fingerhut, Mr. Upton, and Mr. Bachus of
Alabama.
H.R. 3270: Mr. Ackerman, Mr. Baesler, Mr. Barca of
Wisconsin, Mr. Barlow, Mr. Brooks, Mr. Brown of Ohio, Mrs.
Byrne, Ms. Cantwell, Mr. Coppersmith, Mr. DeFazio, Mr.
Derrick, Mr. Deutsch, Mr. Dingell, Mr. Dooley, Mr. Engel, Ms.
Eshoo, Mr. Evans, Mr. Fingerhut, Mr. Ford of Michigan, Ms.
Furse, Mr. Gephardt, Mr. Gene Green of Texas, Mr. Gutierrez,
Mr. Hall of Ohio, Mr. Hamburg, Mr. Hoyer, Mr. Kanjorski, Ms.
Kaptur, Mr. Klink, Mr. LaRocco, Mr. Lewis of Georgia, Ms.
Lowey, Mr. McNulty, Mrs. Maloney, Ms. Margolies-Mezvinsky,
Mr. Meehan, Mr. Mfume, Mr. Miller of California, Mr. Mineta,
Mr. Moakley, Mr. Montgomery, Mr. Moran, Mr. Neal of
Massachusetts, Mr. Neal of North Carolina, Mr. Obey, Mr.
Owens, Mr. Parker, Ms. Pelosi, Mr. Penny, Mr. Rose, Ms.
Roybal-Allard, Mr. Rush, Mr. Sabo, Mr. Sanders, Mr. Sawyer,
Mr. Schumer, Ms. Shepherd, Mr. Solomon, Mr. Stenholm, Mr.
Stupak, Mr. Synar, Mr. Tauzin, Mr. Taylor of Mississippi, Mr.
Towns, Mr. Traficant, Mr. Tucker, Mrs. Unsoeld, Ms.
Velazquez, Ms. Waters, Mr. Watt, Mr. Williams, Mr. Wise, Ms.
Woolsey, Mr. Murtha, Mr. Sharp, Mr. Reed, Mr. Nadler, Mr.
Andrews of Maine, Mr. Martinez, Mr. Wilson, Mr. Bacchus of
Florida, Mrs. Kennelly, Mr. Johnson of South Dakota, Mr.
Valentine, Mr. Hefner, Mr. Bishop, Mr. Bevill, Mr.
Richardson, Mr. Vento, Ms. Slaughter, Mr. Hastings, Mr.
Flake, Ms. McKinney, Mr. Borski, and Mr. LaFalce.
H.R. 3407: Mr. Knollenberg, Mr. Diaz-Balart, Mr. Gunderson,
Mr. Moorhead, Mr. Royce, and Mr. Clement.
H.R. 3458: Mr. Solomon.
H.R. 3472: Mr. McHale.
H.R. 3483: Mr. Kingston.
H.R. 3519: Mr. Vento.
H.R. 3523: Mr. Minge.
H.R. 3630: Mr. Rahall and Mr. Wise.
H.R. 3906: Mrs. Fowler, Mr. Talent, Mr. Coleman, Mr. Kolbe,
and Mr. Pete Geren of Texas.
H.R. 4050: Ms. Slaughter, Mr. Kanjorski, Mr. Owens, Mr.
Payne of New Jersey, Ms. Furse, and Mr. Hilliard.
H.R. 4058: Mr. Gene Green of Texas and Mr. Cardin.
H.R. 4074: Mr. Yates, Ms. Eddie Bernice Johnson of Texas,
Mr. Wolf, Ms. DeLauro, Mr. Kingston, Mr. McCrery, Mr. Baker
of California, and Mr. Pete Geren of Texas.
H.R. 4088: Mr. King.
H.R. 4181: Mrs. Schroeder.
H.R. 4257: Mr. Shaw.
H.R. 4271: Mr. McDade.
H.R. 4291: Mr. Minge, Mr. Brown of Ohio, and Mr. Barcia of
Michigan.
H.R. 4386: Mr. King.
H.R. 4404: Mr. Richardson and Mr. Meehan.
H.R. 4411: Mr. Owens.
H.R. 4413: Mr. Oberstar.
H.R. 4427: Mr. Foglietta and Mr. Parker.
H.R. 4475: Ms. Eddie Bernice Johnson of Texas, Mr. Fish,
Mr. Ehlers, and Mr. Gallo.
H.R. 4477: Mr. Gejdenson, Mr. Ravenel, Mr. Hochbrueckner,
Mr. Kopetski, Mr. Borski, Mr. DeFazio, Mr. Crapo, Ms. Furse,
Mr. Manton, Mr. Jefferson, Mr. Hansen, Mr. Wyden, Mr.
Callahan, and Mr. Barlow.
H.R. 4495: Mr. Swett, Mr. de Lugo, Mr. Washington, Mr.
Miller of California, and Mr. Borski.
H.R. 4496: Mr. Swett, Mrs. Lloyd, Mr. Lipinski, Ms.
Margolies-Mezvinsky, and Mr. Beilenson.
H.R. 4497: Mr. Thomas of Wyoming, Mr. Obey, Mr. Roberts,
and Mr. Smith of Oregon.
H.R. 4517: Ms. Norton.
H.R. 4570: Mr. Kildee, Ms. Pryce of Ohio, Mr. Meehan, Ms.
Furse, Mrs. Unsoeld, Mrs. Mink of Hawaii, Mrs. Lloyd, Mrs.
Fowler, Ms. Cantwell, and Ms. Collins of Michigan.
H.R. 4580: Mrs. Meek of Florida, Mr. Borski, Ms. Velazquez,
and Mr. Lipinski.
H.R. 4590: Mr. Bunning, Mr. Dellums, Mr. Durbin, Mr. Evans,
Mr. Hall of Ohio, Mrs. Schroeder, Mr. Stokes, Mr. Traficant,
Mr. Vento, Mr. Washington, and Mr. Hinchey.
H.R. 4617: Mr. Burton of Indiana, Mr. Sanders, and Mr.
Laughlin.
H.J. Res. 44: Mr. Lucas.
H.J. Res. 160: Mr. Lucas.
H.J. Res. 256: Mr. Ballenger.
H.J. Res. 326: Mr. Pombo and Ms. Margolies-Mezvinsky.
H.J. Res. 349: Mr. Underwood, Mr. Hughes, Mr. Jefferson,
Mr. Pastor, Mr. Porter, Mr. Lancaster, Mr. DeFazio, Mr. Farr,
Mr. Schaefer, Mr. Thomas of Wyoming, Mr. Richardson, Mr.
Mollohan, Mr. Price of North Carolina, Mr. Cox, and Mr.
Gibbons.
H.J. Res. 363: Mr. Hall of Ohio, Mr. Deal, Mr. Thompson,
Mr. Clyburn, Mr. Hinchey, Mr. Farr, Mrs. Maloney, Mr.
Kanjorski, Mr. Durbin, Mr. Richardson, Mr. Thomas of Wyoming,
Mr. Blute, Mr. Baker of California, Mr. Pombo, Mr. Hamilton,
Mr. Filner, Mr. Condit, Ms. Cantwell, Mr. Fingerhut, Mr.
Hamburg, Mr. LaRocco, Mr. Barlow, Mr. de la Garza, Ms. Eshoo,
Mr. Johnson of Georgia, Ms. Danner, Ms. English of Arizona,
Mr. Rush, Mr. Abercrombie, Mr. Brown of Ohio, Mr. Fields of
Texas, Mr. Jefferson, Mr. Cardin, Mr. Gonzalez, Mr.
Torkildsen, Mr. Miller of Florida, Mr. Gene Green of Texas,
Mr. McHale, Mr. Borski, Ms. Kaptur, Ms. McKinney, Mr. Tucker,
Mr. Pomeroy, Mr. Watt, Mr. Wyden, Mr. Miller of California,
Mr. Barcia of Michigan, Mr. Rahall, Mr. Bryant, Mr. Fazio,
Mr. Hastings, Mr. Olver, Mr. Mineta, Mr. Sanders, Mr.
Becerra, Ms. Shepherd, Mr. DeFazio, Mr. Mann, Mr. Frank of
Massachusetts, Mr. Applegate, Mr. Pastor, Mr. Smith of Iowa,
Mr. Visclosky, Mr. Klug, Mr. Pete Geren of Texas, Mr. Andrews
of Maine, Mr. Scott, Mrs. Unsoeld, and Mr. Dornan.
H.J. Res. 366: Mr. Allard, Mr. Andrews of New Jersey, Mr.
Applegate, Mr. Bacchus of Florida, Mr. Baker of California,
Mr. Barca of Wisconsin, Mr. Barrett of Nebraska, Mr. Bartlett
of Maryland, Mr. Bilirakis, Mr. Bliley, Mr. Boehlert, Mr.
Borski, Mr. Bryant, Mrs. Byrne, Mr. Callahan, Mr. Canady, Mr.
Cardin, Mr. Clement, Mr. Coble, Mr. Coleman, Ms. Collins of
Michigan, Mr. Conyers, Mr. Cooper, Mr. Coppersmith, Mr. Cox,
Mr. Coyne, Mr. Cunningham, Mr. Darden, Mr. Dickey, Mr.
Doolittle, Mr. Dornan, Ms. Dunn, Ms. Eshoo, Mr. Evans, Mr.
Filner, Mr. Flake, Mr. Foglietta, Mrs. Fowler, Mr. Frost, Mr.
Gibbons, Mr. Gilman, Mr. Glickman, Mr. Gunderson, Mr. Hefley,
Mr. Herger, Mr. Hochbrueckner, Mr. Holden, Mr. Hoyer, Mr.
Kanjorski, Mr. Kleczka, Mr. Klink, Mr. Knollenberg, Mr.
LaFalce, Mr. Lancaster, Mr. Lazio, Mr. Lewis of California,
Mr. Lipinski, Mrs. Lloyd, Mr. Lucas, Mr. Martinez, Mr.
Mazzoli, Mr. McCollum, Mr. McHale, Mr. McInnis, Mr. McKeon,
Mr. Menendez, Mr. Michel, Mr. Moran, Mrs. Morella, Mr.
Murphy, Mr. Myers of Indiana, Mr. Packard, Mr. Rahall, Mr.
Rangel, Mr. Reed, Mr. Rohrabacher, Mr. Romero-Barcelo, Mr.
Roth, Mr. Sangmeister, Mr. Sawyer, Mr. Serrano, Mr. Sharp,
Mr. Shays, Mr. Sisisky, Mr. Skeen, Ms. Slaughter, Mr. Smith
of New Jersey, Mr. Smith of Texas, Mr. Solomon, Mr. Spence,
Mr. Synar, Mr. Talent, Mr. Thompson, Mr. Traficant, Mr.
Upton, Mr. Vento, Mr. Visclosky, Mr. Walsh, Mr. Wheat, Mr.
Wilson, and Mr. Wise.
H.J. Res. 378: Mr. McNulty.
H.J. Res. 383: Ms. Molinari, Mr. Manton, Mr. Hinchey, Mr.
Menendez, Mr. Towns, and Mr. LaFalce.
H. Con. Res. 90: Mr. Kyl.
H. Con. Res. 166: Mr. Royce, Mr. Emerson, Mr. Canady, and
Mr. Moorhead.
H. Con. Res. 243: Mr. Bilirakis and Ms. Brown of Florida.
H. Con. Res. 256: Mr. Upton, Mr. Slattery, Mr. Weldon, and
Mr. Darden.
.
TUESDAY, JULY 12, 1994 (74)
Para. 74.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
MONTGOMERY, at 10:30 a.m., who laid before the House the following
communication:
[[Page 1198]]
Washington, DC,
July 12, 1994.
I hereby designate the Honorable G.V. (Sonny) Montgomery to
act as Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Whereupon, pursuant to the order of the House of Friday, February 11,
1994, and Friday, June 10, 1994, Members were recognized for ``morning
hour'' debates.
Para. 74.2 recess--11:00 a.m.
The SPEAKER pro tempore, Mr. KLEIN, pursuant to clause 12 of rule I,
declared the House in recess at 11 o'clock a.m. until 12 o'clock noon.
Para. 74.3 after recess--12:00 noon
The SPEAKER called the House to order.
Para. 74.4 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Thursday, June 30, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 74.5 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3467. A letter from the Secretary of Agriculture,
transmitting the annual animal welfare enforcement report for
fiscal year 1993, pursuant to 7 U.S.C. 2155; to the Committee
on Agriculture.
3468. A letter from the Comptroller of the Department of
Defense, transmitting a report of a Navy violation of the
Antideficiency Act in fiscal years 1990, 1991, and 1992 (case
no. 94-03), pursuant to 31 U.S.C. 1517(b); to the Committee
on Appropriations.
3469. A letter from the Director, Office of Management and
Budget, transmitting the cumulative report on rescissions and
deferrals of budget authority as of July 1, 1994, pursuant to
2 U.S.C. 685(e) (H. Doc. No. 103-278); to the Committee on
Appropriations and ordered to be printed.
3470. A letter from the Secretary, Department of Energy,
transmitting the annual report on research and technology
development activities supporting defense waste management
and environmental restoration, pursuant to Public Law 101-
189, section 3141(c)(1), (2) (103 Stat. 1680); to the
Committee on Armed Services.
3471. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting determination for
the Export-Import Bank to provide financial guarantees for
the purchase of defense articles and services by the
Government of Brazil; to the Committee on Banking, Finance
and Urban Affairs.
3472. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report of
proposed transactions of $100,000,000 or more involving
United States exports to the Philippines, pursuant to 12
U.S.C. 635(b)(3)(i); to the Committee on Banking, Finance and
Urban Affairs.
3473. A letter from the Secretary of Housing and Urban
Development, transmitting the third annual report entitled
``Worst Case Needs for Housing Assistance in the United
States in 1990 and 1991''; to the Committee on Banking,
Finance and Urban Affairs.
3474. A letter from the Executive Director, Thrift
Depositor Protection Oversight Board, transmitting the
audited financial statements of the Resolution Trust
Corporation as of December 31, 1993, and for the year then
ended, pursuant to section 21A(k)(1)(A) of the Federal Home
Loan Bank Act; to the Committee on Banking, Finance and Urban
Affairs.
3475. A letter from the Executive Director, Thrift
Depositor Protection Oversight Board, transmitting the annual
report of the Oversight Board for the calendar year 1993,
pursuant to section 21A(k)(4) of the Federal Home Loan Bank
Act; to the Committee on Banking, Finance and Urban Affairs.
3476. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-265,
``Omnibus Sports Consolidation Act of 1994'', pursuant to
D.C. Code, section 1-233(c)(1); to the Committee on the
District of Columbia.
3477. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-266, ``Public
Parking Authority Establishment Act of 1994'', pursuant to
D.C. Code, section 1-233(c)(1); to the Committee on the
District of Columbia.
3478. A letter from the Auditor, District of Columbia,
transmitting a copy of a report entitled ``Second Quarter
Analysis of Fiscal Year 1994 Consolidated Cash Flow
Statement,'' pursuant to D.C. Code, section 47-117(d); to the
Committee on the District of Columbia.
3479. A letter from the Auditor, District of Columbia,
transmitting a copy of a report entitled ``D.C. General
Hospital's Internal Controls Over Procurement Need
Improvement,'' pursuant to D.C. Code, section 47-117(d); to
the Committee on the District of Columbia.
3480. A letter from the Auditor, District of Columbia,
transmitting a copy of a report entitled ``Review of the
Financial Activities and Overall Operations of the Public
Access Corporation of the District of Columbia,'' pursuant to
D.C. Code, section 47-117(d); to the Committee on the
District of Columbia.
3481. A letter from the Assistant Secretary of Education,
transmitting a copy of Final Regulations--Faculty Development
Fellowship Program, pursuant to 20 U.S.C. 1232(d)(1); to the
Committee on Education and Labor.
3482. A letter from the Assistant Secretary for Educational
Research and Improvement, Department of Education,
transmitting the final report on the assessment of vocational
education programs, pursuant to Public Law 101-392, section
404 (104 Stat. 809); to the Committee on Education and Labor.
3483. A letter from the Secretary of Education,
transmitting copies of the fiscal year 1993 reports of the
Department's advisory committees, pursuant to 20 U.S.C.
1233b(a)(2); to the Committee on Education and Labor.
3484. A letter from the Secretary of the Treasury,
transmitting the audit of the Student Loan Marketing
Association, with any necessary comments for the year ended
December 31, 1993, pursuant to 20 U.S.C. 1087-2(k); to the
Committee on Education and Labor.
3485. A letter from the Administrator, Energy Information
Administration, Department of Energy, transmitting a copy of
the Energy Information Administration's ``Profiles of Foreign
Direct Investment in U.S. Energy 1992,'' pursuant to Public
Law 95-91, section 657(8); to the Committee on Energy and
Commerce.
3486. A letter from the Director, Defense Security
Assistance Agency, transmitting the Department of the Army's
proposed lease of defense articles to Canada (Transmittal No.
21-94), pursuant to 22 U.S.C. 2796a(a); to the Committee on
Foreign Affairs.
3487. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed approval of manufacturing license agreement with
Japan (Transmittal No. DTC-22-94), pursuant to 22 U.S.C.
2776(c); to the Committee on Foreign Affairs.
3488. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of
proposed approval of a manufacturing license agreement with
Japan (Transmittal No. DTC-21-94, pursuant to 22 U.S.C.
2776(c); to the Committee on Foreign Affairs.
3489. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
manufacturing license agreement abroad with Japan
(Transmittal No. DTC-23-94), pursuant to 22 U.S.C. 2776(c);
to the Committee on Foreign Affairs.
3490. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed license for the export of defense equipment sold
commercially to Israel (Transmittal No. DTC-20-94), pursuant
to 22 U.S.C. 2776(c); to the Committee on Foreign Affairs.
3491. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting justification for
drawdown under section 552(c)(2) of the FAA to support United
Nations sanctions enforcement against Serbia and Montenegro,
pursuant to 22 U.S.C. 2348a; to the Committee on Foreign
Affairs.
3492. A communication from the President of the United
States, transmitting the bimonthly report on progress toward
a negotiated solution of the Cyprus problem, including any
relevant reports from the Secretary General of the United
Nations, pursuant to 22 U.S.C. 2373(c); to the Committee on
Foreign Affairs.
3493. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on Foreign Affairs.
3494. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of an
award under the Witness Security Program, pursuant to 22
U.S.C. 2708(h); to the Committee on Foreign Affairs.
3495. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a copy of
Presidential Determination 94-30 suspending restrictions on
U.S. relations with the Palestine Liberation Organization,
pursuant to Public Law 103-236, section 583(a); to the
Committee on Foreign Affairs.
3496. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification that
the President proposes to exercise his authority under
section 610(a) of the FAA, that certain funds for section 23
of AECA for fiscal year 1993 be transferred to, and
consolidated with, funds made available for International
Military Education and Training; to the Committee on Foreign
Affairs.
3497. A letter from the Deputy Assistant Administrator,
Bureau for Legislative and Public Affairs, U.S. Agency for
International Development, transmitting a report entitled
``Infrastructure Needs Assessment of the New Independent
States, Central and Eastern Europe, and Mongolia,''
identifying potential capital projects in key infrastructure
sectors, pursuant to Public Law 102-549, section 306; to the
Committee on Foreign Affairs.
3498. A letter from the Director, Office and Management and
Budget, transmitting OMB estimate of the amount of change in
outlays or receipts, as the case may be, in each fiscal year
through fiscal year 1999 resulting from passage of H.R. 1183,
H.R. 4581, and H.R. 4635, pursuant to Public Law 101-508,
section
[[Page 1199]]
13101(a) (104 Stat. 1388-582); to the Committee on Government
Operations.
3499. A letter from the Director, Office of Management and
Budget, transmitting a report by OMB for Pay-As-You-Go
calculations for Public Law No. 103-270 (S. 24), pursuant to
Public Law 101-508, section 13101(a) (104 Stat. 1388-582); to
the Committee on Government Operations.
3500. A letter from the Plan Administrator, Eighth Farm
Credit District Employee Benefit Trust, transmitting the
annual report on their pension plan for the year ended
December 31, 1993, pursuant to 31 U.S.C. 9503(a)(1)(B); to
the Committee on Government Operations.
3501. A letter from the Deputy Assistant Secretary of
Defense, Office of the Under Secretary of Defense,
transmitting the 1993 report on the actuarial status of the
Military Retirement System, pursuant to 31 U.S.C.
9503(a)(1)(B); to the Committee on Government Operations.
3502. A letter from the Secretary of Transportation,
transmitting a draft of proposed legislation to authorize
appropriations for fiscal years 1995 and 1996 for the Office
of Commercial Space Transportation of the Department of
Transportation, and for other purposes, pursuant to 31 U.S.C.
1110; to the Committee on Science, Space, and Technology.
3503. A letter from the Secretary of Labor, transmitting
the quarterly report on the expenditure and need for worker
adjustment assistance training funds under the Trade Act of
1974, pursuant to 19 U.S.C. 2296(a)(2); to the Committee on
Ways and Means.
3504. A letter from the Chairman, Railroad Retirement
Board, transmitting a report on the actuarial status of the
railroad retirement system, pursuant to 45 U.S.C. 321f-1;
jointly, to the Committees on Energy and Commerce and Ways
and Means.
3505. A letter from the Deputy General Counsel, Department
of Commerce, transmitting a copy of a draft proposal to
implement the agreement to promote compliance with
International Conservation and Management measures by fishing
vessels on the High Seas, adopted by the Conference of the
Food and Agriculture Organization of the United Nations on
November 24, 1993; jointly, to the Committees on Merchant
Marine and Fisheries and the Judiciary.
3506. A letter from the Secretary of Health and Human
Services, transmitting the 1993 annual report regarding the
committees which provided advice and consultation in carrying
out her functions under the Social Security Act, pursuant to
42 U.S.C. 1314(f); jointly, to the Committees on Ways and
Means and Energy and Commerce.
3507. A letter from the Chairman, Railroad Retirement
Board, transmitting the 1994 annual report on the financial
status of the railroad unemployment insurance system,
pursuant to 45 U.S.C. 369; jointly, to the Committees on Ways
and Means and Energy and Commerce.
Para. 74.6 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed with amendments in which the concurrence of
the House is requested, bills of the House of the following titles:
H.R. 4301. An Act to authorize appropriations for fiscal
year 1995 for military activities of the Department of
Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; and
H.R. 4506. An Act making appropriations for energy and
water development for the fis-
cal year ending September 30, 1995, and for other purposes.
The message also announced that the Senate insisted upon its
amendments to the bill (H.R. 4301) ``An Act to authorize appropriations
for fiscal year 1995 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe personnel strengths for such fiscal
year for the Armed Forces, and for other purposes,'' requested a
conference with the House on the disagreeing votes of the two Houses
thereon, and appointed Mr. Nunn, Mr. Exon, Mr. Levin, Mr. Kennedy, Mr.
Bingaman, Mr. Glenn, Mr. Shelby, Mr. Byrd, Mr. Graham, Mr. Robb, Mr.
Lieberman, Mr. Bryan, Mr. Thurmond, Mr. Warner, Mr. Cohen, Mr. McCain,
Mr. Lott, Mr. Coats, Mr. Smith, Mr. Kempthorne, Mr. Faircloth, and Mrs.
Hutchison, to be the conferees on the part of the Senate.
The message also announced that the Senate insisted upon its
amendments to the bill (H.R. 4506) ``An Act making appropriations for
energy and water development for the fiscal year ending September 30,
1995, and for other purposes,'' requested a conference with the House
on the disagreeing votes of the two Houses thereon, and appointed Mr.
Johnston, Mr. Byrd, Mr. Hollings, Mr. Sasser, Mr. DeConcini, Mr. Reid,
Mr. Kerrey, Mr. Hatfield, Mr. Cochran, Mr. Domenici, Mr. Nickles, Mr.
Gorton, and Mr. McConnell, to be the conferees on the part of the
Senate.
The message also announced that the Senate had passed a bill of the
following title, in which the concurrence of the House is requested:
S. 2243. An Act to amend the Fishermen's Protective Act of
1967 to permit reimbursement of fishermen for fees required
by a foreign government to be paid in advance in order to
navigate in the waters of that foreign country whenever the
United States considers that fee to be inconsistent with
international law, and for other purposes.
The message also announced that the Senate disagreed to the amendment
of the House to the bill (S. 1587) ``An Act to revise and streamline the
acquisition laws of the Federal Government, and for other purposes,''
requested a conference with the House on the disagreeing votes of the
two Houses thereon, and appointed Mr. Glenn, Mr. Nunn, Mr. Bumpers, Mr.
Sasser, Mr. Exon, Mr. Levin, Mr. Pryor, Mr. Bingaman, Mr. Shelby, Mr.
Dorgan, Mr. Roth, Mr. Thurmond, Mr. Stevens, Mr. Warner, Mr. Cohen, Mr.
Pressler, Mr. McCain, and Mr. Smith, to be the conferees on the part of
the Senate.
Para. 74.7 communication from the clerk--message from the senate
The SPEAKER laid before the House a communication, which was read as
follows:
House of Representatives,
Washington, DC, July 12, 1994.
Hon. Thomas S. Foley,
The Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, the Clerk received the following message
from the Secretary of the Senate:
1. Received on Friday, July 1, 1994 at 9:11 a.m.: that the
Senate passed without amendment H.R. 4635.
2. Received on Friday, July 1, 1994 at 1:40 p.m.: that the
Senate agreed to the Conference Report on H.R. 4454.
With great respect, I am
Sincerely yours,
Donnald K. Anderson,
Clerk, House of Representatives.
Para. 74.8 communication from the clerk--message from the president
The SPEAKER laid before the House a communication, which was read as
follows:
House of Representatives,
Washington, DC, July 12, 1994.
Hon. Thomas S. Foley,
The Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, I have the honor to transit a sealed envelop
received from the White House on Friday, July 1, 1994 at
10:00 a.m. and said to contain a message from the President
wherein he notifies the Congress of a declaration of a
national emergency due to the lapse of the Export
Administration Act of 1979.
With great respect, I am
Sincerely yours,
Donnald K. Anderson,
Clerk, House of Representatives.
Para. 74.9 export administration
The Clerk then read the message from the President, as follows:
To the Congress of the United States:
Pursuant to section 204(b) of the International Emergency Economic
Powers Act, 50 U.S.C. 1703(b), I hereby report to the Congress that I
have today exercised the authority granted by this Act to continue in
effect the system of controls contained in 15 C.F.R., Parts 768-799,
including restrictions on participation by U.S. persons in certain
foreign boycott activities, which heretofore have been maintained under
the authority of the Export Administration Act of 1979, as amended, 50
U.S.C. App. 2401 et seq. In addition, I have made provision for the
administration of section 38(e) of the Arms Export Control Act, 22
U.S.C. 2778(e).
The exercise of this authority is necessitated by the expiration of
the Export Administration Act on June 30, 1994, and the lapse that
would result in the system of controls maintained under that Act.
In the absence of control, foreign parties would have unrestricted
access to U.S. commercial products, technology, technical data, and
assistance, posing an unusual and extraordinary threat to national
security, foreign policy, and economic objectives critical to the
United States. In addition, U.S. persons would not be prohibited from
com-
[[Page 1200]]
plying with certain foreign boycott requests. This would seriously harm
our foreign policy interests, particularly in the Middle East.
Controls established in 15 C.F.R. 768-799, and continued by this
action, include the following:
--National security export controls aimed at restricting the export
of goods and technologies, which would make a significant
contribution to the military potential of certain other countries
and which would prove detrimental to the national security of the
United States.
--Foreign policy controls that further the foreign policy objectives
of the United States or its declared international obligations in
such widely recognized areas as human rights, antiterrorism,
regional stability, missile technology nonproliferation, and
chemical and biological weapons nonproliferation.
--Nuclear nonproliferation controls that are maintained for both
national security and foreign policy reasons, and which support the
objectives of the Nuclear Nonproliferation Act.
--Short supply controls that protect domestic supplies, and
antiboycott regulations that prohibit compliance with foreign
boycotts aimed at countries friendly to the United States.
Consequently, I have issued an Executive order (a copy of which is
attached) to continue in effect all rules and regulations issued or
continued in effect by the Secretary of Commerce under the authority of
the Export Administration Act of 1979, as amended, and all orders,
regulations, licenses, and other forms of administrative actions under
the Act, except where they are inconsistent with sections 203(b) and
206 of the International Emergency Economic Powers Act.
The Congress and the Executive have not permitted export controls to
lapse since they were enacted under the Export Control Act of 1949. Any
termination of controls could permit transactions to occur that would
be seriously detrimental to the national interests we have heretofore
sought to protect through export controls and restrictions on
compliance by U.S. persons with certain foreign boycotts. I believe
that even a temporary lapse in this system of controls would seriously
damage our national security, foreign policy, and economic interests
and undermine our credibility in meeting our international obligations.
The countries affected by this action vary depending on the
objectives sought to be achieved by the system of controls instituted
under the Export Administration Act. Potential adversaries may seek to
acquire sensitive U.S. goods and technologies. Other countries serve as
conduits for the diversion of such items. Still other countries have
policies that are contrary to U.S. foreign policy or nonproliferation
objectives, or foster boycotts against friendly countries. For some
goods or technologies, controls could apply even to our closest allies
in order to safeguard against diversion to potential adversaries.
It is my intention to terminate the Executive order upon enactment
into law of a bill reauthorizing the authorities contained in the
Export Administration Act.
William J. Clinton.
The White House, June 30, 1994.
The message, together with the accompanying papers, was referred to
the Committee on Foreign Affairs and ordered to be printed (H. Doc.
103-279).
Para. 74.10 subpoena
The SPEAKER laid before the House a communication, which was read as
follows:
House of Representatives,
Committee on Appropriations,
July 1, 1994.
Hon. Thomas S. Foley,
Speaker of the House, Washington, DC.
Dear Mr. Speaker, this is to formally notify you pursuant
to Rule L (50) of the Rules of the House that my office has
been served with a subpoena concerning constituent casework
issued by the State of Connecticut Commission on Human Rights
and Opportunities in connection with a civil case.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
Rosa L. DeLauro.
Para. 74.11 enrolled bills signed
The SPEAKER announced that pursuant to clause 4, rule I, the Speaker
pro tempore, Mr. HOYER, had signed the following enrolled bills on
Friday, July 1, 1994:
H.R. 4581. An Act to provide for the imposition of
temporary fees in connection with the handling of complaints
of violations of the perishable Agricultural Commodities Act,
1930.
H.R. 4635. An Act to extend the Export Administration Act
of 1979.
Para. 74.12 coastal barrier system map corrections
Mr. STUDDS moved to suspend the rules and pass the bill (H.R. 4598) to
direct the Secretary of the Interior to make technical corrections to
maps relating to the Coastal Barrier Resources System; as amended.
The SPEAKER pro tempore, Ms. FURSE, recognized Mr. STUDDS and Mr.
YOUNG of Alaska, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
direct the Secretary of the Interior to make technical corrections to
maps relating to the Coastal Barrier Resources System, and to authorize
appropriations to carry out the Coastal Barrier Resources Act.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 74.13 tijuana slough national wildlife refuge land conveyance
Mr. STUDDS moved to suspend the rules and pass the bill (H.R. 4647) to
direct the Secretary of the Interior to convey to the City of Imperial
Beach, California, approximately 1 acre of land in the Tijuana Slough
National Wildlife Refuge.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, recognized Mr.
STUDDS and Mr. YOUNG of Alaska, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 74.14 fishermen's protective act reauthorization
Mr. STUDDS moved to suspend the rules and pass the bill (H.R. 3817) to
amend the Fishermen's Protective Act; as amended.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, recognized Mr.
STUDDS and Mr. YOUNG of Alaska, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 74.15 corning national fish hatchery conveyance
Mr. STUDDS moved to suspend the rules and pass the bill (H.R. 4253) to
re-
[[Page 1201]]
quire the Secretary of the Interior to convey the Corning National Fish
Hatchery to the State of Arkansas; as amended.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, recognized Mr.
STUDDS and Mr. YOUNG of Alaska, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 74.16 striped bass
Mr. STUDDS moved to suspend the rules and pass the bill (H.R. 4504) to
amend the Atlantic Striped Bass Conservation Act, and for other
purposes; as amended.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, recognized Mr.
STUDDS and Mr. YOUNG of Alaska, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 74.17 notice requirement--motion to instruct conferees--h.r. 3355
Ms. DUNN, pursuant to clause 1(c) of rule XXVIII, announced her
intention to instruct the managers on the part of the House at the
conference with the Senate on the disagreeing votes of the two Houses on
the bill (H.R. 3355) to amend the Omnibus Crime Control and Safe Streets
Act of 1968 to allow grants to increase police presence, to expand and
improve cooperative efforts between law enforcement agencies and members
of the community, to address crime and disorder problems, and otherwise
to enhance public safety; be instructed not to make any agreement that
does not include subtitle F of title VIII of the Senate amendment,
relating to sexually violent predators.
Para. 74.18 rocky mountain national park vicinity dam prohibition
Mr. VENTO moved to suspend the rules and pass the bill (H.R. 1716) to
amend the Act of January 26, 1915, establishing Rocky Mountain National
Park, to provide for the protection of certain lands in Rocky Mountain
National Park and along North St. Vrain Creek, and for other purposes;
as amended.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, recognized Mr. VENTO
and Mr. HANSEN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 74.19 notice requirement--motion to instruct conferees--h.r. 3355
Mr. ROHRBACHER, pursuant to clause 1(c) of rule XXVIII, announced his
intention to instruct the managers on the part of the House at the
conference with the Senate on the disagreeing votes of the two Houses on
the bill (H.R. 3355) to amend the Omnibus Crime Control and Safe Streets
Act of 1968 to allow grants to increase police presence, to expand and
improve cooperative efforts between law enforcement agencies and members
of the community, to address crime and disorder problems, and otherwise
to enhance public safety; be instructed to agree to section 5102 of the
Senate amendment.
Para. 74.20 steamtown national historic site reform
Mr. VENTO moved to suspend the rules and pass the bill (H.R. 3708) to
reform the operation, maintenance, and development of the Steamtown
National Historic Site, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, recognized Mr. VENTO
and Mr. HANSEN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 74.21 ocracoke light station transfer
Mr. VENTO moved to suspend the rules and pass the bill (H.R. 4364) to
direct the Secretary of Transportation to transfer administrative
jurisdiction over certain lands for inclusion in the Cape Hatteras
National Seashore Recreational Area; as amended.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, recognized Mr. VENTO
and Mr. HANSEN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
direct the Secretary of Transportation to transfer administrative
jurisdiction over certain lands for inclusion in the Cape Hatteras
National Seashore.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 74.22 twin falls county landfill
Mr. VENTO moved to suspend the rules and pass the bill of the Senate
(S. 1402) to convey a certain parcel of public land to the county of
Twin Falls, Idaho, for use as a landfill, and for other purposes.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, recognized Mr. VENTO
and Mr. HANSEN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 74.23 remove south carolina land restrictions
Mr. VENTO moved to suspend the rules and pass the bill of the Senate
(S.
[[Page 1202]]
273) to remove certain restrictions from a parcel of land owned by the
City of North Charleston, South Carolina, in order to permit a land
exchange, and for other purposes.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, recognized Mr. VENTO
and Mr. HANSEN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 74.24 utah land restrictions
Mr. VENTO moved to suspend the rules and pass the bill of the Senate
(S. 859) to reduce the restrictions on lands conveyed by deed under the
Act of June 8, 1926; as amended.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, recognized Mr. VENTO
and Mr. HANSEN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
Para. 74.25 california desert protection
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, pursuant to House
Resolution 422 and rule XXIII, declared the House resolved into the
Committee of the Whole House on the state of the Union for the further
consideration of the bill (H.R. 518) to designate certain lands in the
California Desert as wilderness, to establish the Death Valley and
Joshua Tree National Parks and the Mojave National Monument, and for
other purposes.
Mr. TAYLOR of Mississippi, Acting Chairman, assumed the chair; and
after some time spent therein,
Para. 74.26 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. VENTO:
p. 38, strike lines 14 through 17 and in lieu thereof
insert the following:
``Sec. 207 (a) The Secretary shall permit continuation of
the privilege of grazing domestic livestock on lands within
the park, at no more than the current level, pursuant to
grazing permits or leases in effect as of the date of
enactment of this Act and subject to all applicable laws and
National Park Service regulations, but shall not renew any
such permit or lease after its expiration, and shall not
approve any transfer of any such permit or lease to any party
other than the party entitled to exercise such privilege as
of such date of enactment.''
It was decided in the
Yeas
190
<3-line {>
negative
Nays
207
Para. 74.27 [Roll No. 315]
AYES--190
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Barca
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Boehlert
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Byrne
Cantwell
Cardin
Carr
Clay
Clayton
Clement
Clyburn
Coleman
Conyers
Cooper
Coyne
Danner
Darden
de Lugo (VI)
DeLauro
Dellums
Derrick
Deutsch
Dicks
Durbin
Ehlers
Eshoo
Evans
Faleomavaega (AS)
Farr
Fawell
Fields (LA)
Filner
Fingerhut
Fish
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Furse
Gephardt
Gibbons
Gilchrest
Gonzalez
Gordon
Goss
Grandy
Green
Greenwood
Hall (OH)
Hamburg
Hamilton
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Holden
Hoyer
Jacobs
Jefferson
Johnson (GA)
Johnston
Kanjorski
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Klug
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
Leach
Levin
Lewis (GA)
Lowey
Maloney
Mann
Margolies-Mezvinsky
Markey
McDermott
McHale
McKinney
McNulty
Meek
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Moran
Morella
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Olver
Owens
Pallone
Parker
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (MN)
Petri
Porter
Portman
Price (NC)
Rahall
Ramstad
Rangel
Reed
Regula
Reynolds
Richardson
Roemer
Ros-Lehtinen
Rostenkowski
Roth
Roybal-Allard
Rush
Sabo
Sangmeister
Sawyer
Saxton
Schenk
Schroeder
Schumer
Serrano
Sharp
Shays
Shepherd
Skaggs
Slaughter
Snowe
Spratt
Stark
Strickland
Studds
Stupak
Synar
Thompson
Torkildsen
Torricelli
Towns
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Walsh
Watt
Waxman
Wise
Woolsey
Wyden
Wynn
Yates
Zimmer
NOES--207
Allard
Applegate
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehner
Bonilla
Brewster
Brooks
Bryant
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chapman
Clinger
Coble
Collins (GA)
Combest
Condit
Costello
Cox
Cramer
Crane
Crapo
Cunningham
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (CA)
Edwards (TX)
Emerson
English
Everett
Ewing
Fazio
Fowler
Frost
Gallegly
Gekas
Geren
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Grams
Gunderson
Gutierrez
Hall (TX)
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Kasich
Kim
King
Kingston
Knollenberg
Kolbe
Kyl
LaRocco
Lazio
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lucas
Manton
Manzullo
Martinez
Matsui
Mazzoli
McCandless
McCollum
McCrery
McHugh
McKeon
McMillan
Michel
Miller (FL)
Molinari
Moorhead
Murphy
Murtha
Myers
Nussle
Ortiz
Orton
Packard
Pastor
Paxon
Peterson (FL)
Pickett
Pickle
Pombo
Pomeroy
Poshard
Pryce (OH)
Quillen
Quinn
Roberts
Rogers
Rohrabacher
Rose
Roukema
Rowland
Royce
Santorum
Sarpalius
Schaefer
Sensenbrenner
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Swift
Talent
Tanner
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thornton
Thurman
Torres
Traficant
Vucanovich
Walker
Waters
Williams
Wilson
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--42
Blackwell
Collins (IL)
Collins (MI)
Coppersmith
DeFazio
Engel
Fields (TX)
Flake
Franks (NJ)
Gallo
Gejdenson
Hochbrueckner
Huffington
Istook
Johnson, Sam
Kaptur
Laughlin
Machtley
McCloskey
McCurdy
McDade
McInnis
Meehan
Mica
Mollohan
Montgomery
Obey
Oxley
Ravenel
Ridge
Romero-Barcelo (PR)
Sanders
Schiff
Scott
Slattery
Stokes
Swett
Tauzin
Washington
Weldon
Wheat
Whitten
So the amendment was not agreed to.
After some further time,
Para. 74.28 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendments en bloc submitted by Mr. LaROCCO:
--Page 43, line 43, strike ``PARK'' and insert ``PRESERVE''.
--Page 44, line 3, strike ``park'' and insert ``preserve''.
--Page 44, line 15, strike ``PARK'' and insert ``PRESERVE''.
--Page 44, line 17, strike ``Park'' and insert ``Preserve''.
--Page 45, line 9, strike ``park'' and insert ``preserve''.
--Page 45, line 24, strike ``(a)'' after ``Sec. 406.''.
[[Page 1203]]
--Page 45, line 24, strike ``park'' and insert ``preserve''.
--Page 46, after line 3, insert the following:
``(b) The Secretary shall permit hunting, fishing, and
trapping on lands and waters within the preserve designated
by this Act in accordance with applicable Federal and State
laws except that the Secretary may designate areas where, and
establish periods when, no hunting, fishing, or trapping will
be permitted for reasons of public safety, administration, or
compliance with provisions of applicable law. Except in
emergencies, regulations closing areas to hunting, fishing,
or trapping pursuant to this subsection shall be put into
effect only after consultation with the appropriate State
agency having responsibility for fish and wildlife. Nothing
in this Act shall be construed as affecting the jurisdiction
or responsibilities of the States with respect to fish and
wildlife on Federal lands and waters covered by this title
nor shall anything in this Act be construed as authorizing
the Secretary concerned to require a Federal permit to hunt,
fish, or trap on Federal lands and waters covered by this
title.''.
--Page 46, line 6, strike ``park'' and insert ``preserve''.
--Page 46, line 16, strike ``park'' and insert ``preserve''.
--Page 46, line 24, strike ``park'' and insert ``preserve''.
--Page 47, line 7, strike ``park'' and insert ``preserve''.
--Page 47, line 10, strike ``park'' and insert ``preserve''.
--Page 47, line 20, strike ``Park'' and insert ``Preserve''.
--Page 47, line 23, strike ``park'' and insert ``preserve''.
--Page 49, line 6, strike ``park'' and insert ``preserve''.
--Page 49, line 11, strike ``park'' and insert ``preserve''.
--Page 49, line 14, strike ``park'' and insert ``preserve''.
--Page 50, line 4, strike ``Park'' and insert ``Preserve''.
--Page 50, line 7, strike ``park'' and insert ``preserve''.
--Page 50, line 18, strike ``Park'' and insert ``Preserve''.
--Page 50, line 21, strike ``park'' and insert ``preserve''.
--Page 51, line 5, strike ``Park'' and insert ``Preserve''.
--Page 51, line 8, strike ``park'' and insert ``preserve''.
--Page 51, line 15, strike ``park'' and insert ``preserve''.
--Page 51, line 17, strike ``park'' and insert ``preserve''.
--Page 51, line 20, strike ``park'' and insert ``preserve''.
--Page 51, line 22, strike ``park'' and insert ``preserve''.
--Page 51, line 25, strike ``park-related'' and insert
``preserve-related''.
--Page 51, line 26, strike ``park'' and insert ``preserve''.
--Page 52, line 4, strike ``park'' and insert ``preserve''.
--Page 52, line 13, strike ``park'' and insert ``preserve''.
--Page 53, line 3, strike ``park'' and insert ``preserve''.
--Page 53, line 6, strike ``park'' and insert ``preserve''.
--Page 53, line 9, strike ``park'' and insert ``preserve''.
--Page 53, line 12, strike ``park'' and insert ``preserve''.
--Page 53, line 18, strike ``park'' and insert ``preserve''.
--Page 53, line 25, strike ``park'' and insert ``preserve''.
--Page 54, line 2, strike ``PARK'' and insert ``PRESERVE''.
--Page 54, line 4, strike ``Park'' and insert ``Preserve''.
--Page 55, line 8, strike ``Park'' and insert ``Preserve''.
--Page 59, line 5, strike ``wilderness or parks'' and insert
``wilderness, parks, or preserve''.
--Page 59, line 8, strike ``wilderness or parks'' and insert
``wilderness, parks, or preserve''.
--Page 59, beginning on line 22, strike ``parks and
wilderness'' and insert ``parks, wilderness, and preserve''.
--Page 59, line 25, strike ``parks and wilderness'' and
insert ``parks, wilderness, or preserve''.
--Page 60, beginning on line 4, strike ``parks and
wilderness'' and insert ``park, wilderness, or preserve''.
It was decided in the
Yeas
239
<3-line {>
affirmative
Nays
183
Para. 74.29 [Roll No. 316]
AYES--239
Allard
Andrews (TX)
Applegate
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilirakis
Bishop
Bliley
Blute
Boehner
Bonilla
Boucher
Brewster
Brooks
Browder
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chapman
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Combest
Condit
Cooper
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Dicks
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Emerson
Everett
Ewing
Fields (TX)
Ford (MI)
Ford (TN)
Fowler
Frost
Gallegly
Gekas
Geren
Gingrich
Goodlatte
Goodling
Gordon
Grams
Grandy
Green
Greenwood
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Hefner
Hilliard
Hoekstra
Hoke
Holden
Houghton
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Kanjorski
Kasich
Kim
King
Kingston
Kleczka
Klug
Knollenberg
Kolbe
Kopetski
Kyl
Lambert
Lancaster
LaRocco
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Lucas
Machtley
Manzullo
Martinez
Mazzoli
McCandless
McCollum
McCrery
McHugh
McInnis
McKeon
McMillan
McNulty
Mica
Michel
Miller (FL)
Minge
Molinari
Mollohan
Montgomery
Moorhead
Murphy
Murtha
Myers
Neal (NC)
Nussle
Oberstar
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Rahall
Regula
Roberts
Rogers
Rohrabacher
Roth
Rowland
Royce
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Strickland
Stump
Sundquist
Swift
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thornton
Thurman
Traficant
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Williams
Wilson
Wise
Wolf
Young (AK)
Young (FL)
Zeliff
NOES--183
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Bacchus (FL)
Barrett (WI)
Becerra
Beilenson
Berman
Bilbray
Blackwell
Boehlert
Bonior
Borski
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Clay
Clayton
Clement
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Coyne
de Lugo (VI)
DeLauro
Dellums
Derrick
Deutsch
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Ehlers
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Foglietta
Frank (MA)
Franks (CT)
Franks (NJ)
Furse
Gejdenson
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Glickman
Gonzalez
Goss
Gunderson
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hinchey
Hoagland
Hobson
Hochbrueckner
Horn
Hoyer
Hughes
Jacobs
Jefferson
Johnson, E. B.
Johnston
Kaptur
Kennedy
Kennelly
Kildee
Klein
Klink
Kreidler
LaFalce
Lantos
Lazio
Lehman
Levin
Lewis (GA)
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Matsui
McCloskey
McDermott
McHale
McKinney
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Mink
Moakley
Moran
Morella
Nadler
Neal (MA)
Norton (DC)
Olver
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Penny
Porter
Price (NC)
Ramstad
Rangel
Ravenel
Reed
Reynolds
Richardson
Roemer
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Roybal-Allard
Rush
Sabo
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Skaggs
Slaughter
Stark
Stokes
Studds
Stupak
Swett
Synar
Thompson
Torkildsen
Torres
Torricelli
Towns
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Waters
Watt
Waxman
Weldon
Woolsey
Wyden
Wynn
Yates
Zimmer
NOT VOTING--17
Brown (CA)
Carr
DeFazio
Flake
Gallo
Herger
Huffington
Istook
Laughlin
McCurdy
McDade
Obey
Ridge
Slattery
Washington
Wheat
Whitten
So the amendments en bloc were agreed to.
After some further time,
Para. 74.30 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. DeLAY:
This amendment prohibits the condemnation of land by
deleting the portion printed in italic below.
Sec. 414. The Secretary is authorized to acquire all lands
and interest in lands within the boundary of the [Mojave
National] park by donation, purchase, or exchange, except
that--
[[Page 1204]]
(2) lands or interests therein within the boundary of the
park which are not owned by the State of California or any
political subdivision thereof may be acquired only with the
consent of the owner thereof unless the Secretary determines,
after written notice to the owner and after opportunity for
comment, that the property is being developed, or proposed to
be developed, in a manner which is detrimental to the
integrity of the park or which is otherwise incompatible with
the purposes of this title.
It was decided in the
Yeas
145
<3-line {>
negative
Nays
274
Para. 74.31 [Roll No. 317]
AYES--145
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bliley
Blute
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Castle
Chapman
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Emerson
Everett
Ewing
Fields (TX)
Fowler
Franks (NJ)
Gallegly
Gekas
Geren
Gillmor
Gingrich
Glickman
Goodlatte
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kasich
Kim
King
Kingston
Knollenberg
Kolbe
Kyl
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCandless
McHugh
McInnis
McKeon
McMillan
Mica
Michel
Miller (FL)
Molinari
Moorhead
Myers
Nussle
Orton
Oxley
Packard
Paxon
Penny
Petri
Pickett
Pombo
Portman
Pryce (OH)
Quillen
Quinn
Regula
Roberts
Rogers
Rohrabacher
Roth
Royce
Sarpalius
Saxton
Schaefer
Sensenbrenner
Sisisky
Skeen
Skelton
Smith (MI)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Talent
Taylor (MS)
Taylor (NC)
Thomas (WY)
Traficant
Vucanovich
Walker
Young (AK)
Young (FL)
NOES--274
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Boehlert
Bonior
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Canady
Cantwell
Cardin
Carr
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilchrest
Gilman
Gonzalez
Goodling
Gordon
Goss
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Houghton
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Klug
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCollum
McCrery
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Olver
Ortiz
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickle
Pomeroy
Porter
Poshard
Price (NC)
Rahall
Ramstad
Ravenel
Reed
Reynolds
Richardson
Roemer
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Skaggs
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt
Waxman
Weldon
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Zimmer
NOT VOTING--20
Borski
Flake
Gallo
Huffington
Laughlin
McCurdy
McDade
Murphy
Murtha
Obey
Rangel
Ridge
Santorum
Shuster
Slattery
Smith (NJ)
Washington
Wheat
Whitten
Zeliff
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. ABERCROMBIE, assumed the Chair.
When Mr. PETERSON of Florida, Chairman, reported that the Committee,
having had under consideration said bill, had come to no resolution
thereon.
Para. 74.32 providing for the consideration of h.r. 3937
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-596) the resolution (H. Res. 474) providing for consideraton of
the bill (H.R. 3937) entitled the ``Export Administration Act of 1994''.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 74.33 providing for the consideration of h.r. 1188
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-597) the resolution (H. Res. 475) providing for consideration of
the bill (H.R. 1188) to provide for disclosures for insurance in
interstate commerce.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 74.34 national apollo anniversary observance
On motion of Ms. BYRNE, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the joint resolution of the Senate (S.J. Res. 187) designating July 16
through July 24, 1994, as ``National Apollo Anniversary Observance''.
When said joint resolution was considered, read twice, ordered to be
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 74.35 fiftieth anniversary world war ii observance
On motion of Ms. BYRNE, by unanimous consent, the joint resolution of
the Senate (S.J. Res. 172 ) designating May 30, 1994, through June 6,
1994, as a ``Time for the National Observance of the Fifieth Anniversary
of World War II''; was taken from the Speaker's table.
When said joint resolution was considered and read twice.
Ms. BYRNE submitted the following amendment which was agreed to:
On page 2, line 3, strike ``May 30, 1994, through June 6,
1994,'' and insert ``May 29, 1995, through June 6, 1995,''.
Ms. BYRNE submitted the following amendment to the preamble, which was
agreed to:
In the last clause of the preamble, strike [, 1994,] each
place it appears.
Page 2, line 3, strike [May 30, 1994, through June 6,
1994,] and insert: May 29, 1995, through June 6, 1995.
The joint resolution, as amended, was ordered to be read a third time,
was read a third time by title, and passed.
By unanimous consent, the title was amended so as to read: ``Joint
Resolution designating May 29, 1995, through June 6, 1995, as a `Time
for the National Observance of the Fiftieth Anniversary of World War
II'.''.
A motion to reconsider the votes whereby said joint resolution, as
amended, was passed and the preamble and the title were amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendments.
[[Page 1205]]
Para. 74.36 jfk assassination records review board
Mr. CONYERS moved to suspend the rules and pass the bill (H.R. 4569)
to extend and make amendments to the President John F. Kennedy Records
Collection Act of 1992; as amended.
The SPEAKER pro tempore, Mr. ABERCROMBIE, recognized Mr. CONYERS and
Mr. CLINGER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. ABERCROMBIE, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 74.37 moving expenses for families of deceased ses employees
Mr. CONYERS moved to suspend the rules and pass the bill (H.R. 4549)
to amend title 5, United States Code, to provide for travel and
transportation expenses for the family of a career appointee in the
Senior Executive Service who dies after transferring in the interest of
the Government to an official duty station and who was eligible for an
annuity at the time of death, and for other purposes.
The SPEAKER pro tempore, Mr. ABERCROMBIE, recognized Mr. CONYERS and
Mr. CLINGER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. ABERCROMBIE, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 74.38 exclude reparations for nazi persecution from benefits
calculation
Mr. TOWNS moved to suspend the rules and pass the bill (H.R. 1873) to
require certain payments made to victims fo Nazi persecution to be
disregarded in determining eligibility for and the amount of benefits or
services based on need; as amended.
The SPEAKER pro tempore, Mr. ABERCROMBIE, recognized Mr. TOWNS and Mr.
SCHIFF, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. ABERCROMBIE, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 74.39 enrolled bills signed
Mr. ROSS, from the Committee on House Administration, reported that
that committee had examined and found truly enrolled bills of the House
of the following titles, which were thereupon signed by the Speaker:
H.R. 3567. An Act to amend the John F. Kennedy Center Act
to transfer operating responsibilities to the Board of
Trustees of the John F. Kennedy Center for the Performing
Arts, and for other purposes;
H.R. 4454. An Act making appropriations for the Legislative
Branch for the fiscal year ending September 30, 1995, and for
other purposes;
Para. 74.40 bills presented to the president
Mr. ROSS, from the Committee on House Administration, reported that
that committee did on the following dates present to the President, for
his approval, bills of the House of the following titles:
On June 29, 1994:
H.R. 2559. An Act to designate the Federal building located
at 601 East 12th Street in Kansas City, Missouri, as the
``Richard Bolling Federal Building'' and the United States
Courthouse located at Ninth and Locust Streets, in Kansas
City, Missouri, as the ``Charles Evans Whittaker United
States Courthouse.''
On July 11, 1994:
H.R. 4581. An Act to provide for the imposition of
temporary fees in connection with the handling of complaints
of violations of the Perishable Agricultural Commodities Act,
1930; and
H.R. 4635. An Act to extend the Export Administration Act
of 1979.
Para. 74.41 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. OBEY, for today and the balance of the week;
To Mr. GALLO, for today and the balance of the week; and
To Mr. HUFFINGTON, for today and the balance of the week.
And then,
Para. 74.42 adjournment
On motion of Mr. OWENS, at 8 o'clock and 52 minutes p.m., the House
adjourned.
Para. 74.43 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and references to the proper calendar, as
follows:
Mr. STUDDS: Committee on Merchant Marine and Fisheries.
H.R. 4504. A bill to amend the Atlantic Striped Bass
Conservation Act, and for other purposes; with an amendment
(Rept. No. 103-584). Referred to the Committee of the Whole
House on the State of the Union.
Mr. STUDDS: Committee on Merchant Marine and Fisheries.
H.R. 3817. A bill to amend the Fishermen's Protective Act;
with amendments (Rept. No. 103-585). Referred to the
Committee of the Whole House on the State of the Union.
Mr. STUDDS: Committee on Merchant Marine and Fisheries.
H.R. 4253. A bill to require the Secretary of the Interior to
convey the Corning National Fish Hatchery to the State of
Arkansas; with an amendment (Rept. No. 103-586). Referred to
the Committee of the Whole House on the State of the Union.
Mr. CONYERS: Committee on Government Operations. Further
legislation needed for release of Kennedy Assassination
records (Rept. No. 103-587). Referred to the Committee of the
Whole House on the State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 3708. A bill to reform the operation, maintenance, and
development of the Steamtown National Historic Site, and for
other purposes; with an amendment (Rept. No. 103-588).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. MILLER of California: Committee on Natural Resources.
S. 1402 An Act to convey a certain parcel of public land to
the county of Twin Falls, ID, for use as a landfill, and for
other purposes; (Rept. No. 103-589). Referred to the
Committee of the Whole House on the State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
S. 859. An Act to reduce the restrictions on lands conveyed
by deed under the Act of June 8, 1926; with an amendment
(Rept. No. 103-590). Referred to the Committee of the Whole
House on the State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
S. 273. An Act to remove certain restrictions from a parcel
of land owned by the City of North Charleston, SC, in order
to permit a land exchange, and for other purposes; (Rept. No.
103-591). Referred to the Committee of the Whole House on the
State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 1716. A bill to amend the act of January 26, 1915,
establishing Rocky Mountain National Park, to provide for the
protection of certain lands in Rocky Mountain National Park
and along North St. Vrain Creek, and for other purposes; with
an amendment (Rept. No. 103-592). Referred to the Committee
of the Whole House on the State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 4364. A bill to direct the Secretary of Transportation
to transfer administrative jurisdiction over certain lands
for inclusion in the Cape Hatteras National Seashore
Recreational Area; with amendments (Rept. No. 103-593, Pt.
1). Ordered to be printed.
Mr. CLAY: Committee on Post Office and Civil Service. H.R.
3246. A bill to provide that the provisions of chapters 83
and 84 of title 5, United States Code, relating to reemployed
annuitants shall not apply with respect to postal retirees
who are reemployed,
[[Page 1206]]
on a temporary basis, to serve as rural letter carriers or
rural postmasters; with amendments (Rept. No. 103-594).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. CLAY: Committee on Post Office and Civil Service. House
Joint Resolution 131. Resolution designating December 7 of
each year as ``National Pearl Harbor Remembrance Day'' (Rept.
No. 103-595). Referred to the House Calendar.
Mr. BONIOR: Committee on Rules. House Resolution 474.
Resolution providing for consideration of the bill (H.R.
3937) entitled the ``Export Administration Act of 1994''
(Rept. No. 103-596). Referred to the House Calendar.
Mr. GORDON: Committee on Rules. House Resolution 475.
Resolution providing for consideration of the bill (H.R.
1188) to provide for disclosure for insurance in interstate
commerce (Rept. No. 103-597). Referred to the House Calendar.
Para. 74.44 subsequent action on a reported bill sequentially referred
Under clause 5 of Rule X the following action was taken by the
Speaker:
Referral to the Committee on Ways and Means of H.R. 4003
extended for a period ending not later than July 22, 1994.
Para. 74.45 reported bills sequentially referred
Under clause 5 of rule X, bills and reports were delivered to the
Clerk for printing, and bills referred as follows:
[Pursuant to the order of the House on June 30, 1994, the following
report was filed on July 8, 1994]
Mr. STUDDS: Committee on Merchant Marine and Fisheries.
H.R. 4008. A bill to authorize appropriations for the
National Oceanic and Atmospheric Administration for fiscal
years 1994 and 1995, and for other purposes, with an
amendment; referred to the Committee on Science, Space and
Technology for a period ending not later than July 29, 1994,
for consideration of such provisions contained in the bill
and amendment as fall within the jurisdiction of the
committee pursuant to clause 1(r), rule X (Rept. No. 103-583,
Pt. 1).
Para. 74.46 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Ms. NORTON:
H.R. 4719. A bill to direct the Office of Personnel
Management to establish an interagency placement program for
Federal employees affected by reductions in force, and for
other purposes; to the Committee on Post Office and Civil
Service.
By Mr. HINCHEY (for himself, Mr. McNulty, Mr. Fish, Mr.
Gilman, and Mrs. Lowey):
H.R. 4720. A bill to establish the Hudson River Valley
American Heritage Area; to the Committee on Natural
Resources.
By Mr. McKEON (for himself, Mr. Beilenson, Mr. Brown of
California, Mr. Calvert, Mr. Condit, Mr. Cunningham,
Mr. Doolittle, Mr. Horn, Mr. Hunter, Mr. Moorhead,
Mr. Royce, Mr. Thomas of California, and Mr.
Roberts):
H.R. 4721. A bill to prohibit the Secretary of Agriculture
from transferring any national forest system lands in the
Angeles National Forest in California out of Federal
ownership for use as a solid waste landfill; to the Committee
on Natural Resources.
By Mr. ORTIZ (for himself, Mr. Fields of Texas, Mr.
Weldon, and Mr. Young of Alaska):
H.R. 4722. A bill to authorize appropriations for
activities under the Deep Seabed Hard Mineral Resources Act
for fiscal years 1995 through 1999; jointly, to the
Committees on Merchant Marine and Fisheries, Natural
Resources, and Foreign Affairs.
By Mr. POSHARD:
H.R. 4723. A bill to authorize the Administrator of the
Small Business Administration to establish an accredited
lenders program for qualified State and local development
companies; to the Committee on Small Business.
By Mr. SANGMEISTER:
H.R. 4724. A bill to amend title 38, United States Code,
relating to veterans housing programs, and for other
purposes; to the Committee on Veterans' Affairs.
By Mrs. SCHROEDER:
H.R. 4725. A bill to establish a Presidential Commission on
Telemedicine; to the Committee on Energy and Commerce.
By Mr. THOMPSON:
H.R. 4726. A bill to amend the Appalachian Regional
Development Act of 1965 to include additional counties in the
State of Mississippi as part of the Appalachian region; to
the Committee on Public Works and Transportation.
By Mr. TRAFICANT:
H.R. 4727. A bill to designate the Federal building located
at 125 Market Street in Youngstown, OH, as the ``Thomas D.
Lambros Federal Building''; to the Committee on Public Works
and Transportation.
By Mr. WAXMAN (for himself and Mr. Dingell):
H.R. 4728. A bill to amend the Federal Food, Drug, and
Cosmetic Act to authorize a device application fee, and for
other purposes; to the Committee on Energy and Commerce.
By Mr. HUGHES:
H.J. Res. 386. Joint resolution to designate September 14,
1994, as ``Mercy Otis Warren Day''; to the Committee on Post
Office and Civil Service.
By Mr. YOUNG of Alaska:
H.J. Res. 387. Joint resolution to designate the second
week of August 1994 as ``National U.S. Seafood Week''; to the
Committee on Post Office and Civil Service.
By Mr. HILLIARD:
H. Con. Res. 265. Concurrent resolution expressing the
sense of the Congress regarding the issuance under title VII
of the Civil Rights Act of 1964 of administrative guidelines
applicable to religious harassment in employment; to the
Committee on Education and Labor.
By Mr. BEREUTER:
H. Res. 476. Resolution congratulating the people of
Germany and the citizens of Berlin on the occasion of the
withdrawal of United States troops from Berlin, and
reaffirming United States-Berlin friendship; to the Committee
on Foreign Affairs.
By Mr. BURTON of Indiana:
H. Res. 477. Resolution to declare that July 12, 1994, be
recognized as ``Kashmir World Action Day''; to the Committee
on Foreign Affairs.
Para. 74.47 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
438. By the SPEAKER: Memorial of the Senate of the
Commonwealth of Pennsylvania, relative to health care costs;
to the Committee on Energy and Commerce.
439. Also, memorial of the House of the Commonwealth of
Pennsylvania, relative to fair elections in Liberia; to the
Committee on Foreign Affairs.
440. Also, memorial of the Senate of the Commonwealth of
Pennsylvania, relative to taxes; to the Committee on
Government Operations.
441. Also, memorial of the Senate of the Commonwealth of
Pennsylvania, relative to the battle against crime; to the
Committee on the Judiciary.
442. Also, memorial of the Senate of the Commonwealth of
Pennsylvania, relative to Memorial day; to the Committee on
Post Office and Civil Service.
443. Also, memorial of the House of Representatives of the
Commonwealth of Pennsylvania, relative to printing of a
postage stamp; to the Committee on Post Office and Civil
Service.
444. Also, memorial of the House of Representatives of the
Commonwealth of Pennsylvania, relative to low-flying
aircraft; to the Committee on Public Works and
Transportation.
445. Also, memorial of the Legislature of the State of
Alaska, relative to aerospace development; to the Committee
on Science, Space, and Technology.
446. Also, memorial of the House of the Commonwealth of
Pennsylvania, relative to Federal job training; to the
Committee on Ways and Means.
447. Also, memorial of the House of Representatives of the
Commonwealth of Pennsylvania, relative to medical symptoms of
veterans of Operation Desert Storm; jointly, to the
Committees on Armed Services and Veterans' Affairs.
Para. 74.48 private bills and resolutions
Under clause 1 of rule XXII, private bills and resolutions were
introduced and severally referred as follows:
By Mr. BATEMAN:
H.R. 4729. A bill for the relief of Pauline Applewhite
Saunders; to the Committee on the Judiciary.
By Mrs. FOWLER:
H.R. 4730. A bill to authorize issuance of a certificate of
documentation with appropriate endorsement for the vessel
Lady Angela; to the Committee on Merchant Marine and
Fisheries.
By Mr. REED:
H.R. 4731. A bill to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
for the vessel Isabelle; to the Committee on Merchant Marine
and Fisheries.
By Mr. YOUNG of Alaska:
H.R. 4732. A bill to authorize issuance of a certificate of
documentation with appropriate endorsement for the vessel
Westwind; to the Committee on Merchant Marine and Fisheries.
By Mr. YOUNG of Alaska:
H.R. 4733. A bill to authorize issuance of a certificate of
documentation with appropriate endorsement for the vessel
Raven; to the Committee on Merchant Marine and Fisheries.
Para. 74.49 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 65: Mr. Abercrombie and Mr. Condit.
H.R. 349: Mr. Deal.
H.R. 642: Mr. Hutto.
H.R. 702: Mr. Callahan and Mr. Klug.
H.R. 1012: Ms. Woolsey.
H.R. 1056: Mr. Talent, Mr. Lewis of Georgia, Mr. Smith of
New Jersey, Mr. Nadler, Ms. Brown of Florida, and Mr. Pastor.
H.R. 1080: Mr. Callahan, Mr. Thomas of Wyoming, and Mr.
McMillan.
H.R. 1110: Mr. Franks of Connecticut.
H.R. 1171: Mr. Synar.
[[Page 1207]]
H.R. 1277: Mrs. Meyers of Kansas.
H.R. 1500: Mr. DeFazio, Ms. Pelosi, and Mr. Slattery.
H.R. 1538: Mr. Flake and Ms. Furse.
H.R. 1583: Mr. Franks of New Jersey.
H.R. 1671: Mr. Schiff, Mr. Schaefer, Mr. Flake, Mr.
Hinchey, Mr. Hastings, Mr. Dixon, Mr. Manton, Mr. Payne of
New Jersey, Mr. Serrano, Mr. Towns, Ms. DeLauro, and Mr.
Faleomavaega.
H.R. 1921: Mr. Franks of New Jersey.
H.R. 2130: Mrs. Maloney and Mr. Manzullo.
H.R. 2211: Mrs. Vucanovich.
H.R. 2417: Mr. McCollum, Mr. Cunningham, Mr. Livingston,
Mr. Gordon, Mr. McInnis, and Mr. Nadler.
H.R. 2717: Mr. Armey, Mr. Baker of Louisiana, Mr.
Doolittle, and Mr. Rohrabacher.
H.R. 2866: Ms. Brown of Florida.
H.R. 2898: Ms. Pelosi.
H.R. 3100: Mr. Engel.
H.R. 3121: Mr. Parker.
H.R. 3137: Mr. Petri, Mr. Doolittle, Mr. Frost, Mr. Oxley,
Mr. Kasich, Mr. Thomas of California, Mr. Calvert, Mr.
Stokes, Mr. Brown of Ohio, Mr. Portman, Mr. Clinger, Ms.
Pryce of Ohio, Mr. Pombo, and Mr. Gingrich.
H.R. 3247: Mr. Thomas of Wyoming, Mr. Martinez, Mr.
Kopetski, Ms. Schenk, and Mr. Shays.
H.R. 3271: Mr. Rose, Mr. Traficant, Mr. Wilson, Mr. Jacobs,
and Mrs. Meyers of Kansas.
H.R. 3288: Mr. Calvert.
H.R. 3293: Mr. Parker and Mr. Dingell.
H.R. 3347: Mrs. Unsoeld and Mr. Nadler.
H.R. 3434: Mr. Andrews of Maine.
H.R. 3483: Mr. Manzullo.
H.R. 3492: Mr. Andrews of Texas, Mr. de la Garza, Mr.
Holden, Ms. Molinari, Mr. Blackwell, Mr. Mineta, Mr. Porter,
Mr. Washington, Mr. Levin, Mr. Linder, Mr. Schiff, Mr.
Saxton, Mr. Brooks, Mr. Blute, Ms. Dunn, Mr. Rangel, Mr.
Meehan, Mr. Calvert, Mr. Everett, Mr. Hilliard, Mr. Fields of
Louisiana, Mr. Fields of Texas, and Mr. Lightfoot.
H.R. 3538: Mr. Barrett of Wisconsin, Mr. Engel, Ms. Eshoo,
Mr. Fields of Louisiana, Mr. Filner, Mr. Vento, Mr. Flake,
Mr. Foglietta, Mr. Gutierrez, Mr. Hastings, Mr. Kanjorski,
Ms. Waters, Ms. Kaptur, Mr. Kennedy, Mr. Nadler, Mr. Rose,
and Mr. Studds.
H.R. 3564: Mr. Engel.
H.R. 3611: Mr. Lehman.
H.R. 3668: Mr. Solomon, Mr. Towns, Mr. Emerson, Ms. Lowey,
and Mr. Lipinski.
H.R. 3750: Mr. Lewis of Georgia.
H.R. 3795: Mr. Bereuter and Mr. Rangel.
H.R. 3843: Mr. Smith of New Jersey.
H.R. 3844: Mr. Smith of New Jersey.
H.R. 3846: Mr. Hochbrueckner, Mr. Visclosky, and Ms.
Schenk.
H.R. 3860: Mrs. Johnson of Connecticut.
H.R. 3862: Mr. Bartlett of Maryland.
H.R. 3900: Mr. Burton of Indiana.
H.R. 3970: Mr. Hoagland and Mr. Cramer.
H.R. 3978: Mr. Dornan, Mr. Lewis of California, Mr. Stump,
Mr. Gallegly, and Mr. McKeon.
H.R. 3987: Mr. Sanders.
H.R. 3990: Mr. Blute, Mr. Calvert, Mr. Filner, Mrs. Lloyd,
Mrs. Morella, Mr. Serrano, Mr. Wynn, and Mr. Yates.
H.R. 4039: Mr. Nadler.
H.R. 4040: Mr. Flake, Mr. Kennedy, Mr. Dingell, Mr. Payne
of New Jersey, Ms. Slaughter, Mr. Hilliard, Mr. Kanjorski,
Mr. Owens, Mr. Dixon, Mr. Frost, Ms. Woolsey, Ms. Furse, Mr.
Dicks, Mr. Lewis of Georgia, Mr. Sangmeister, and Mrs. Meek
of Florida.
H.R. 4050: Mr. Derrick, Mr. Dingell, Mr. Coyne, Mr.
Sangmeister, and Mr. Dixon.
H.R. 4051: Mr. Williams.
H.R. 4086: Ms. Eshoo, Mr. Evans, Mr. Frank of
Massachusetts, Mr. LaFalce, Mr. Petri, Mr. Swift, Mr. Scott,
Mr. Slattery, Mrs. Meek of Florida, Mr. Johnson of South
Dakota, and Mr. Pastor.
H.R. 4091: Mr. Washington and Mr. Lewis of Georgia.
H.R. 4095: Mr. Boehner.
H.R. 4116: Mr. Moran, Mr. Engel, and Mr. Lewis of Georgia.
H.R. 4137: Mr. Dornan.
H.R. 4169: Mr. Frost.
H.R. 4172: Mr. Oberstar, Mr. McHugh, Mr. Hastings, Mr.
Brown of California, Mr. Hilliard, Mr. Johnson of South
Dakota, and Mr. Torres.
H.R. 4173: Mr. McHugh and Mr. Hilliard.
H.R. 4188: Mr. Payne of Virginia and Mr. Evans.
H.R. 4195: Mr. Smith of New Jersey and Mr. Rohrabacher.
H.R. 4285: Mr. Farr.
H.R. 4318: Ms. Roybal-Allard, Ms. Pelosi, Mr. Becerra, Mr.
Scott, and Mr. Hamburg.
H.R. 4350: Mr. Rohrabacher.
H.R. 4376: Ms. Velazquez and Mr. Washington.
H.R. 4386: Mr. Tucker, Mr. Faleomavaega, Mr. Torres, Mr.
Gingrich, Mr. Pastor, Mr. Neal of Massachusetts, and Mr.
Johnson of South Dakota.
H.R. 4412: Mr. Nussle.
H.R. 4413: Mr. Synar.
H.R. 4497: Mr. Martinez, Ms. Ros-Lehtinen, Ms. Slaughter,
Mr. Hayes, Mr. Cooper, Mr. Sanders, Mr. Torricelli, Mr.
Coble, Mr. Tucker, Mr. Everett, Mr. Deal, Mr. Parker, Mr.
Barton of Texas, Mr. Young of Alaska, Mr. McDade, Mr.
Ramstad, Mr. Rush, Mr. Fazio, Ms. Dunn, Mr. Zimmer, Mr.
Moran, Mr. McCloskey, Mr. Skeen, Mr. Doolittle, Mr. McCurdy,
Mr. Glickman, Ms. Schenk, Mr. Rangel, Ms. McKinney, Mr.
Rohrabacher, Mr. Foglietta, Mr. Crapo, Mr. Duncan, Mr.
Kingston, Mr. Dickey, Mr. Traficant, Mr. Gonzalez, and Mr.
Wyden.
H.R. 4507: Mr. Washington, Mr. Smith of New Jersey, Mr.
Thompson, and Mr. Lewis of Florida.
H.R. 4527: Mr. Sarpalius, Mr. Hutchinson, Mr. Gekas, Mr.
Smith of New Jersey, and Mr. Kildee.
H.R. 4528: Mr. Gillmor and Mr. Wynn.
H.R. 4550: Mr. Istook.
H.R. 4559: Mr. Roberts.
H.R. 4565: Mr. Taylor of Mississippi, Mr. Canady, Mr.
Torkildsen, and Mr. Bachus of Alabama.
H.R. 4574: Mr. Shaw and Mr. Rohrabacher.
H.R. 4592: Mr. Royce.
H.R. 4634: Mr. Johnson of South Dakota.
H.R. 4643: Mr. Blute and Mr. Frost.
H.R. 4675: Ms. Kaptur and Mr. Doolittle
H.J. Res. 90: Mr. Goodlatte, Mr. Moorhead, Mr. Bunning, and
Mr. McDade.
H.J. Res. 297: Ms. Woolsey, Mr. Pallone, Mr. Hayes, Mr.
Bryant, Mr. Pickle, Mr. Laughlin, Mr. Portman, Mr. Filner,
Mr. Manton, Mr. Sharp, Ms. Eshoo, Ms. McKinney, Mr. Inhofe,
Mr. McDermott, Mr. Rahall, Mr. Murphy, Mr. Boucher, Mr.
Petri, Mr. Rogers, Mr. Saxton, Mr. Smith of Texas, Mr.
Slattery, Mr. Hochbrueckner, Mr. Chapman, Mr. Andrews of
Maine, Mr. Becerra, Mr. Smith of New Jersey, Mr. Neal of
Massachusetts, Mr. Schaefer, Mr. Dornan, Mr. Taylor of North
Carolina, Mr. Johnson of South Dakota, Mr. Thomas of Wyoming,
Mr. Hansen, Mr. Bartlett of Maryland, Mr. Klug, Mr. Lewis of
Florida, Mr. Miller of Florida, Mr. Whitten, Mr. Serrano, Mr.
Ridge, Ms. Norton, Mrs. Morella, Mr. Bishop, Mr. Barton of
Texas, Mr. Visclosky, Mr. Baker of Louisiana, Mr. McCrery,
Mr. Kasich, Ms. Shepherd, Mr. DeFazio, Mr. Upton, Mr. Wise,
Mr. Kreidler, Mr. Price of North Carolina, Mr. Hoagland, Mr.
Hunter, Mr. Moorhead, Mr. Pickett, Mr. Ford of Tennessee, Mr.
Orton, Mr. Fields of Louisiana, Mr. Moran, Mr. Swett, Mr.
Dreier, Mr. Kim, Mr. LaRocco, Mr. Wynn, Mr. Gutierrez, Mr.
Tejeda, Mr. Bilbray, Mr. Royce, Mrs. Collins of Illinois, Mr.
Farr, and Mr. Kildee.
H.J. Res. 347: Mr. Hutto, Mr. de la Garza, Mr. Serrano, Mr.
Romero-Barcelo, Mr. Gonzalez, Mr. Borski, Ms. Roybal-Allard,
Mr. Bacchus of Florida, and Mr. Engel.
H.J. Res. 355: Ms. Norton, Mr. Bunning, Mr. Coleman, Mr.
Valentine, Mr. Hefner, Mr. Young of Florida, Mr. Parker, Mr.
Martinez, Mr. Kleczka, Ms. McKinney, Mr. Bacchus of Florida,
Mr. Klein, Mr. Clement, Mr. Clinger, Mr. Packard, Mr. Quinn,
Mr. de Lugo, Mr. McDade, Mr. Zimmer, Mr. Moakley, Mr. Edwards
of Texas, Mr. Bishop, Mr. Hastings, Mr. Hutto, Mr. Moran, Mr.
Neal of Massachusetts, Mr. Clyburn, Mr. Applegate, Mr. Hall
of Texas, Mr. Spratt, Mr. Baesler, Mrs. Meek of Florida, Mr.
Borski, Mr. Rahall, Mr. Manton, Mr. Kreidler, Mr. Cooper, Mr.
Browder, Mr. Sarpalius, Mr. Smith of New Jersey, Mr.
Gutierrez, Mr. Roemer, Mrs. Kennelly, Mr. Upton, Mr. Cardin,
Mr. Reynolds, Mr. Machtley, Mr. Leach, Mr. Lewis of Georgia,
Mr. Olver, Mr. Hall of Ohio, Mr. Gene Green of Texas, Mr.
Andrews of Maine, Mr. Cramer, Mr. Brewster, Mr. Hinchey, Mr.
Fazio, Mrs. Morella, Ms. Snowe, and Mr. Hutchinson.
H.J. Res. 356: Mr. Engel.
H.J. Res. 374: Ms. Kaptur, Mr. Lancaster, Mr. Schiff, Mr.
Filner, Mr. Emerson, Mrs. Fowler, Mr. Synar, Mr. Brooks, Mr.
Serrano, and Mr. Hughes.
H.J. Res. 378: Mr. Neal of Massachusetts, Mr. Sangmeister,
Mr. Brooks, and Mr. Torkildsen.
H.J. Res. 381: Mr. Towns, Mrs. Roukema, and Mr. Lipinski.
H. Con. Res. 141: Mr. Quinn.
H. Con. Res. 148: Mr. Coble, Mr. Gunderson, and Mr.
Serrano.
H. Con. Res. 166: Mr. Schumer, Mr. Frank of Massachusetts,
Mr. Slattery, Mr. Levin, Mr. Oxley, Mr. Franks of New Jersey,
Mr. Wise, Mr. Shays, Mr. Smith of New Jersey, and Mr. Saxton.
H. Con. Res. 179: Mr. Franks of New Jersey.
H. Con. Res. 200: Mr. Kopetski, Mr. Greenwood, Mr.
McCloskey, Mr. Calvert, Mr. Ramstad, Mr. Ridge, and Mr.
Swift.
H. Con. Res. 210: Mr. McNulty, Mr. Filner, Ms. Margolies-
Mezvinsky, and Mr. Portman.
H. Con. Res. 239: Mr. Fish.
H. Con. Res. 247: Mr. Meehan, Mr. McKeon, Mr. King, Mr.
Calvert, Mr. Shays, and Mr. Kyl.
H. Con. Res. 261: Mr. Roemer and Ms. Dunn.
H. Res. 234: Mr. McHale and Ms. DeLauro.
H. Res. 255: Mr. Linder and Mr. Kim.
H. Res. 432: Ms. Lowey, Mrs. Meek of Florida, Mr. Berman,
Mr. Schumer, and Mr. Engel.
H. Res. 434: Mr. Armey and Mr. Boehner.
H. Res. 448: Mr. Johnson of South Dakota.
H. Res. 451: Mr. Taylor of Mississippi, Mr. Canady, Mr.
Torkildsen, and Mr. Bachus of Alabama.
H. Res. 463: Mr. Coppersmith and Mr. Boehlert.
H. Res. 472: Mr. Rohrabacher, Mr. Walker, Mr. Goss, and Mr.
McKeon.
H. Res. 473: Mr. Frost and Mr. Engel.
Para. 74.50 petitions, etc.
Under clause 1 of rule XXII.
101. The SPEAKER presented a petition of El Presidente del
Congreso del los Diputados, relative to request the
institutional aid of the Foreign Service; which was referred
jointly, to the Committees on Banking, Finance and Urban
Affairs and Energy and Commerce.
[[Page 1208]]
.
WEDNESDAY, JULY 13, 1994 (75)
The House was called to order by the SPEAKER.
Para. 75.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Tuesday, July 12, 1994.
Mr. TRAFICANT, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Mr. TRAFICANT objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
241
When there appeared
<3-line {>
Nays
149
Para. 75.2 [Roll No. 318]
YEAS--241
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barlow
Barrett (WI)
Bateman
Beilenson
Berman
Bevill
Bilbray
Bonior
Borski
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Castle
Chapman
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Combest
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Greenwood
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Houghton
Hoyer
Hughes
Hutto
Hyde
Inglis
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kingston
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lehman
Levin
Lewis (CA)
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Moakley
Mollohan
Montgomery
Moran
Murtha
Myers
Nadler
Neal (MA)
Oberstar
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Thompson
Thornton
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--149
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Clay
Coble
Collins (GA)
Cox
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Dreier
Duncan
Dunn
Ehlers
Emerson
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Gunderson
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Hunter
Hutchinson
Inhofe
Istook
Jacobs
Johnson (CT)
Kim
King
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manzullo
McCandless
McCollum
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Nussle
Packard
Paxon
Petri
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (FL)
Zeliff
Zimmer
NOT VOTING--44
Barcia
Becerra
Bentley
Bishop
Blackwell
Boucher
Brown (CA)
Clinger
Collins (MI)
Condit
Crane
Danner
Doolittle
Dornan
Engel
Ewing
Ford (MI)
Ford (TN)
Gallo
Geren
Hancock
Huffington
Johnson, Sam
Laughlin
Manton
McCrery
McCurdy
McDade
Mink
Murphy
Neal (NC)
Obey
Oxley
Porter
Reed
Ridge
Rowland
Slattery
Tejeda
Thurman
Valentine
Washington
Whitten
Young (AK)
So the Journal was approved.
Para. 75.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3508. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a memorandum of
justification for Presidential determination regarding the
drawdown of defense articles and services for the Dominican
Republic, pursuant to 22 U.S.C. 2318(b)(2); to the Committee
on Foreign Affairs.
3509. A letter from the Director, Office of Management and
Budget, transmitting a report by OMB for pay-as-you-go
calculations for Public Law No. 103-275 (H.R. 4568), pursuant
to Public Law 101-508, section 13101(a) (104 Stat. 1388-582);
to the Committee on Government Operations.
3510. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of
their intent to disburse funds for purposes of
Nonproliferation and Disarmament Fund activities, pursuant to
22 U.S.C. 5858; jointly, to the Committees on Foreign Affairs
and Appropriations.
Para. 75.4 california desert protection
The SPEAKER pro tempore, Mr. DURBIN, pursuant to House Resolution 422
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 518) to designate certain lands in the California Desert
as wilderness, to establish the Death Valley and Joshua Tree National
Parks and the Mojave National Monument, and for other purposes.
Mr. PETERSON of Flordia, Chairman of the Committee of the Whole,
resumed the chair; and after some time spent therein,
Para. 75.5 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. MILLER of
California:
Perfecting amendment offered by Mr. Miller of California:
Page 64, beginning on line 23, strike ``the Catellus'' and
all that follows through `` `Catellus')'' and insert ``holder
of private lands (hereafter in this section referred to as
the `landowner')''.
Page 65, line 3, strike ``Catellus'' and insert ``the
landowner''.
Page 65, line 7, strike ``Catellus'' and insert ``the
landowner''.
Page 65, line 9, strike ``Catellus'' and insert ``the
landowner''.
Page 67, line 8, strike ``Catellus'' and insert ``the
landowner''.
Page 67, line 12, strike ``Catellus'' and insert
``private''.
Page 67, line 17, strike ``Catellus'' and insert ``each
landowner''.
Page 67, line 19, strike ``Catellus'' and insert ``the
landowner''.
Page 67, line 23, strike ``Catellus'' and insert ``The
landowner''.
Page 68, line 6, strike ``Catellus's'' and insert ``the
landowner's''.
Page 68, line 8, strike ``Catellus'' and insert ``the
landowner''.
Page 68, line 9, strike ``Catellus'' and insert ``the
landowner''.
It was decided in the
Yeas
419
<3-line {>
affirmative
Nays
0
Para. 75.6 [Roll No. 319]
AYES--419
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barrett (NE)
[[Page 1209]]
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Faleomavaega (AS)
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Morella
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Oberstar
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--20
Barlow
Bishop
Danner
Dicks
Ewing
Gallo
Huffington
Johnson, Sam
Laughlin
McCurdy
McDade
Moran
Murphy
Obey
Ridge
Rowland
Slattery
Volkmer
Washington
Wise
So the amendment was agreed to.
After some further time,
The SPEAKER pro tempore, Mr. MONTGOMERY, assumed the Chair.
When Mr. PETERSON of Florida, Chairman, reported that the Committee,
having had under consideration said bill, had come to no resolution
thereon.
Para. 75.7 district of columbia appropriations
Mr. DIXON moved that the House resolve itself into the Committee of
the Whole House on the state of the Union for the consideration of the
bill (H.R. 4649) making appropriations for the government of the
District of Columbia and other activities chargeable in whole or in part
against the revenues of said District for the fiscal year ending
September 30, 1995, and for other purposes.
Pending said motion,
On motion of Mr. DIXON, by unanimous consent,
Ordered, That time for general debate continue not to exceed one hour
to be equally divided and controlled by Mr. DIXON and Mr. WALSH.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that the yeas had
it.
So the motion was agreed to.
Accordingly,
The House resolved itself into the Committee of the Whole House on the
state of the Union for the consideration of said bill.
The SPEAKER pro tempore, Mr. MONTGOMERY, by unanimous consent,
designated Mr. MFUME as Chairman of the Committee of the Whole; and
after some time spent therein,
Para. 75.8 motion to rise and report
A recorded vote by electronic device was ordered in the Committee of
the Whole on the motion that the Committee do now rise and report the
bill back to the House with sundry amendments with the recommendation
that the amendments be agreed to and that the bill, as amended, do pass.
It was decided in the
Yeas
192
<3-line {>
negative
Nays
236
Para. 75.9 [Roll No. 320]
AYES--192
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barcia
Barlow
Becerra
Beilenson
Berman
Bevill
Bilbray
Blackwell
Blute
Bonior
Borski
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Coyne
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Furse
Gejdenson
Gephardt
Gibbons
Glickman
Gonzalez
Green
Gutierrez
Hamburg
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Hoyer
Hughes
Jacobs
Jefferson
Johnson (CT)
Johnson, E. B.
Johnston
Kanjorski
Kennedy
Kennelly
Kildee
Klein
Kopetski
Kreidler
Lambert
Lantos
LaRocco
Lazio
Lehman
Levin
Lewis (GA)
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
McCloskey
McDermott
McKinney
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Olver
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Pickle
Pomeroy
Price (NC)
Rangel
Reed
Reynolds
Richardson
Roemer
Romero-Barcelo (PR)
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Skaggs
Slaughter
Smith (IA)
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Underwood (GU)
Unsoeld
Velazquez
Vento
Visclosky
Washington
Waters
Watt
Waxman
Wheat
Woolsey
Wyden
Wynn
Yates
NOES--236
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barca
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Boehlert
Boehner
Bonilla
Boucher
Brewster
Browder
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chapman
Clement
[[Page 1210]]
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Frost
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Holden
Horn
Houghton
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Johnson (GA)
Johnson (SD)
Johnson, Sam
Kaptur
Kasich
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
Kyl
LaFalce
Lancaster
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Lucas
Machtley
Manzullo
Mazzoli
McCandless
McCollum
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Myers
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Penny
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Sangmeister
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stump
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Torkildsen
Tucker
Upton
Valentine
Volkmer
Vucanovich
Walker
Walsh
Weldon
Williams
Wilson
Wise
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--11
Bishop
Gallo
Huffington
Laughlin
McCrery
McCurdy
McDade
Obey
Rowland
Slattery
Whitten
So the motion was not agreed to.
After some further time,
Para. 75.10 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. BARTON:
Page 33, after line 24, insert the following new section:
Sec. 138. No funds made available pursuant to any provision
of this Act shall be used to implement or enforce any system
of registration of unmarried, cohabiting couples whether they
are homosexual, lesbian, or heterosexual, including but not
limited to registration for the purpose of extending
employment, health, or governmental benefits to such couples
on the same basis that such benefits are extended to legally
married couples; nor shall any funds made available pursuant
to any provision of this Act otherwise be used to implement
or enforce D.C. Act 9-188, signed by the Mayor of the
District of Columbia on April 15, 1992.
It was decided in the
Yeas
251
<3-line {>
affirmative
Nays
176
Para. 75.11 [Roll No. 321]
AYES--251
Allard
Andrews (TX)
Applegate
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilirakis
Bliley
Boehner
Bonilla
Boucher
Brewster
Browder
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chapman
Clement
Clinger
Coble
Collins (GA)
Combest
Cooper
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Dingell
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Frost
Gallegly
Gekas
Geren
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Greenwood
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Hefner
Herger
Hobson
Hoekstra
Hoke
Holden
Horn
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Johnson (GA)
Johnson (SD)
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kyl
LaFalce
Lambert
Lancaster
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Lucas
Machtley
Manton
Manzullo
Martinez
Mazzoli
McCandless
McCollum
McCrery
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Mollohan
Montgomery
Moorhead
Murphy
Murtha
Myers
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Regula
Ridge
Roberts
Roemer
Rogers
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Roth
Roukema
Royce
Sangmeister
Santorum
Sarpalius
Saxton
Schaefer
Sensenbrenner
Shaw
Shepherd
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stump
Stupak
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thornton
Traficant
Tucker
Upton
Valentine
Volkmer
Vucanovich
Walker
Walsh
Weldon
Whitten
Wilson
Wise
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--176
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Becerra
Beilenson
Berman
Bilbray
Blackwell
Blute
Boehlert
Bonior
Borski
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Coppersmith
Coyne
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dixon
Dooley
Durbin
Edwards (CA)
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Frank (MA)
Furse
Gejdenson
Gephardt
Gibbons
Gilchrest
Gonzalez
Green
Gunderson
Gutierrez
Hamburg
Harman
Hastings
Hilliard
Hinchey
Hoagland
Hochbrueckner
Houghton
Hoyer
Hughes
Jacobs
Jefferson
Johnson (CT)
Johnson, E. B.
Johnston
Kennedy
Kennelly
Kildee
Klein
Kolbe
Kopetski
Kreidler
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Lewis (GA)
Long
Lowey
Maloney
Mann
Margolies-Mezvinsky
Markey
Matsui
McCloskey
McDermott
McKinney
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Moran
Morella
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Olver
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Price (NC)
Rangel
Reed
Reynolds
Richardson
Rohrabacher
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Skaggs
Slaughter
Smith (IA)
Stark
Stokes
Strickland
Studds
Swift
Synar
Thompson
Thurman
Torkildsen
Torres
Torricelli
Towns
Underwood (GU)
Unsoeld
Velazquez
Vento
Visclosky
Washington
Waters
Watt
Waxman
Wheat
Williams
Woolsey
Wyden
Wynn
Yates
NOT VOTING--12
Bacchus (FL)
Bishop
Ford (MI)
Ford (TN)
Gallo
Huffington
Laughlin
McCurdy
McDade
Obey
Rowland
Slattery
So the amendment was agreed to.
The SPEAKER pro tempore, Mr. SHARP, assumed the Chair.
When Mr. MFUME, Chairman, reported that the Committee, having had
under consideration said bill, had directed him to report the same back
to the House with sundry amendments adopted by the Committee with the
recommendation that the amendments be agreed to and that the bill, as
amended, do pass.
By unanimous consent, the previous question was ordered on the
amendments and the bill.
The following amendments, reported from the Committee of the Whole
House on the state of the Union, were agreed to:
In lieu of the matter proposed to be added to the bill by
the amendment, add the following:
death valley national park advisory commission
Sec. 208. (a) The Secretary shall establish an Advisory
Commission of no more than 15 Members, to advise the
Secretary concerning the development and implementation of a
new or revised comprehensive management plan for Death Valley
National Park.
[[Page 1211]]
(b)(1) The advisory commission shall include an elected
official for each County within which any part of the park is
located, a representative of the owners of private properties
located within or immediately adjacent to the park, and other
members representing persons actively engaged in grazing and
range management, mineral exploration and development, and
persons with expertise in relevant fields, including geology,
biology, ecology, law enforcement, and the protection and
management of National Park resources and values.
(2) Vacancies in the Commission shall be filled by the
Secretary so as to maintain the full diversity of views
required to be represented on the Commission.
(c) The Federal Advisory Committee Act shall apply to the
procedures and activities of the advisory commission.
(d) The advisory commission shall cease to exist ten years
after the date of its establishment.
On Page 47, line 19, Section 410(a)(1), after ``Southern
California Edison Company,'' add ``its successors or
assigns,''
--Page 43, line 43, strike ``PARK'' and insert ``PRESERVE''.
--Page 44, line 3, strike ``park'' and insert ``preserve''.
--Page 44, line 15, strike ``PARK'' and insert ``PRESERVE''.
--Page 44, line 17, strike ``Park'' and insert ``Preserve''.
--Page 45, line 9, strike ``park'' and insert ``preserve''.
--Page 45, line 24, strike ``(a)'' after ``Sec. 406.''.
--Page 45, line 24, strike ``park'' and insert ``preserve''.
--Page 46, after line 3, insert the following:
``(b) The Secretary shall permit hunting, fishing, and
trapping on lands and waters within the preserve designated
by this Act in accordance with applicable Federal and State
laws except that the Secretary may designate areas where, and
establish periods when, no hunting, fishing, or trapping will
be permitted for reasons of public safety, administration, or
compliance with provisions of applicable law. Except in
emergencies, regulations closing areas to hunting, fishing,
or trapping pursuant to this subsection shall be put into
effect only after consultation with the appropriate State
agency having responsibility for fish and wildlife. Nothing
in this Act shall be construed as affecting the jurisdiction
or responsibilities of the States with respect to fish and
wildlife on Federal lands and waters covered by this title
nor shall anything in this Act be construed as authorizing
the Secretary concerned to require a Federal permit to hunt,
fish, or trap on Federal lands and waters covered by this
title.''.
--Page 46, line 6, strike ``park'' and insert ``preserve''.
--Page 46, line 16, strike ``park'' and insert ``preserve''.
--Page 46, line 24, strike ``park'' and insert ``preserve''.
--Page 47, line 7, strike ``park'' and insert ``preserve''.
--Page 47, line 10, strike ``park'' and insert ``preserve''.
--Page 47, line 20, strike ``Park'' and insert ``Preserve''.
--Page 47, line 23, strike ``park'' and insert ``preserve''.
--Page 49, line 6, strike ``park'' and insert ``preserve''.
--Page 49, line 11, strike ``park'' and insert ``preserve''.
--Page 49, line 14, strike ``park'' and insert ``preserve''.
--Page 50, line 4, strike ``Park'' and insert ``Preserve''.
--Page 50, line 7, strike ``park'' and insert ``preserve''.
--Page 50, line 18, strike ``Park'' and insert ``Preserve''.
--Page 50, line 21, strike ``park'' and insert ``preserve''.
--Page 51, line 5, strike ``Park'' and insert ``Preserve''.
--Page 51, line 8, strike ``park'' and insert ``preserve''.
--Page 51, line 15, strike ``park'' and insert ``preserve''.
--Page 51, line 17, strike ``park'' and insert ``preserve''.
--Page 51, line 20, strike ``park'' and insert ``preserve''.
--Page 51, line 22, strike ``park'' and insert ``preserve''.
--Page 51, line 25, strike ``park-related'' and insert
``preserve-related''.
--Page 51, line 26, strike ``park'' and insert ``preserve''.
--Page 52, line 4, strike ``park'' and insert ``preserve''.
--Page 52, line 13, strike ``park'' and insert ``preserve''.
--Page 53, line 3, strike ``park'' and insert ``preserve''.
--Page 53, line 6, strike ``park'' and insert ``preserve''.
--Page 53, line 9, strike ``park'' and insert ``preserve''.
--Page 53, line 12, strike ``park'' and insert ``preserve''.
--Page 53, line 18, strike ``park'' and insert ``preserve''.
--Page 53, line 25, strike ``park'' and insert ``preserve''.
--Page 54, line 2, strike ``PARK'' and insert ``PRESERVE''.
--Page 54, line 4, strike ``Park'' and insert ``Preserve''.
--Page 55, line 8, strike ``Park'' and insert ``Preserve''.
--Page 59, line 5, strike ``wilderness or parks'' and insert
``wilderness, parks, or preserve''.
--Page 59, line 8, strike ``wilderness or parks'' and insert
``wilderness, parks, or preserve''.
--Page 59, beginning on line 22, strike ``parks and
wilderness'' and insert ``parks, wilderness, and preserve''.
--Page 59, line 25, strike ``parks and wilderness'' and
insert ``parks, wilderness, or preserve''.
--Page 60, beginning on line 4, strike ``parks and
wilderness'' and insert ``park, wilderness, or preserve''.
Amend Section 402 (relating to Establishment of the Mojave
National Park) of bill to read as follows:
``Sec. 402. There is hereby established the Mojave National
Park, comprising approximately one million four hundred
nineteen thousand eight hundred acres, as generally depicted
on a map entitled ``Mojave National Park Boundary--Proposed''
dated May 17, 1994, which shall be on file and available for
inspection in the appropriate offices of the Director of the
National Park Service, Department of the Interior.''
Amendment offered by Mr. Miller of California to the
amendment offered by Mr. Bilbray: Insert ``(a)'' after
``402.'' and add at the end the following:
(b)(1) There is hereby established the Dinosaur Trackway
Area of Critical Environmental Concern within the California
Desert Conservation Area, of the Bureau of Land Management,
comprising approximately five hundred and ninety acres as
generally depicted on a map entitled ``Dinosaur Trackway Area
of Critical Environmental Concern'', dated July 1993. The
Secretary shall administer the area to preserve the
paleontological resources within the area.
(2) Subject to valid existing rights, the Federal lands
within and adjacent to the Dinosaur Trackway Area of Critical
Environmental Concern, as generally depicted on a map
entitled ``Dinosaur Trackway Mineral Withdrawal Area'', dated
July 1993, are hereby withdrawn from all forms of entry,
appropriation, or disposal under the public land laws; from
location, entry, and patent under the United States mining
laws; and from disposition under all laws pertaining to
mineral and geothermal leasing, and mineral materials, and
all amendments thereto.
Page 46, line 13, after ``Sec. 408'' insert ``(a)''.
Page 46, after line 21 insert the following:
(b)(1) Notwithstanding any other provision of law, the
Secretary of the Interior shall permit the holder or holders
of mining claims identified on the records of the Bureau of
Land Management as Volco #A CAMC 105446 and Volco #B CAMC
105447 to continue exploration and development activities on
such claims for a period of two years after the date of
enactment of this Act, subject to the same regulations as
applied to such activities on such claims on the day before
such date of enactment.
(2) At the end of the period specified in paragraph 91), or
sooner if so requested by the holder or holders of the claims
specified in such paragraph, the Secretary shall determine
whether there has been a discovery of valuable minerals on
such claims and whether, if such discovery had been made on
or before July 1, 1994, such claims would have been valid as
of such date under the mining laws of the United States in
effect on such date.
(3) If the Secretary, pursuant to paragraph (2), makes an
affirmative determination concerning the claims specified in
paragraph (1), the holder or holders of such claims shall be
permitted to continue to operate such claims subject only to
such regulations as applied on July 1, 1994 to the exercise
of valid existing rights on patented mining claims within a
unit of the National Park System.
In the matter proposed to be inserted by the amendment,
strike ``With the exception'' and all that follows and insert
``Unless and until acquired by the United States, no lands
within the boundaries of wilderness areas or National Park
System units designated or enlarged by this Act that are
owned by any person or entity other than the United States
shall be subject to any of the rules or regulations
applicable solely to the Federal lands within such boundaries
and may be used to the extent allowed by applicable law.
Neither the location of such lands within such boundaries nor
the possible acquisition of such lands by the United States
shall constitute a bar to the otherwise lawful issuance of
any federal license or permit other than a license or permit
related to activities governed by 16 U.S.C. Sec. 460l-22(c).
Nothing in this section shall be construed as affecting the
applicability of any provision of the Mining in the Parks Act
(16 U.S.C. Sec. 1901 et seq.), the Clean Air Act (42 U.S.C.
7401 et seq.) or regulations applicable to oil and gas
development as set forth in 36 CFR 9.B.''
Page 54, lines 13 and 14, strike ``one hundred seventy-nine
thousand four hundred and eighteen acres'' and in lieu
thereof insert ``one hundred sixty-two thousand one hundred
and thirty-eight acres''.
Page 59, line 22, insert ``(a)'' after ```606.''.
Page 60, after line 11, insert the following: (b)(1) The
Secretary, in consultation with the Timbisha Shoshone Tribe
and relevant Federal agencies, shall conduct a study, subject
to the availability of appropriations, to identify lands
suitable for a reservation for the Timbisha Shoshone Tribe
that are located within the Tribe's aboriginal homeland area.
(2) Not later than two years after the date of enactment of
this Act, the Secretary shall submit a report to the
Committee on Energy
[[Page 1212]]
and Natural Resources and the Committee on Indian Affairs of
the Senate, and the Committee on Natural Resources of the
House of Representatives on the results of the study
conducted under paragraph (1).
Page 62, after line 25, insert the following:
(3) Any other Federal land, or interest therein, within the
State of California, which is or becomes surplus to the needs
of the Federal Government.
The Secretary may exclude, in his discretion, from such
list lands located within, or contiguous to, the exterior
boundaries of lands held in trust for a federally recognized
Indian tribe located in the State of California.
In the matter proposed to be inserted on page 66 after line
2, strike ``The Secretary' and all that follows and insert
after paragraph (3) as contained in such matter the
following:
Page 66, after line 2, insert the following:
(3) Any other Federal land, or interest therein, within the
State of California, which is or becomes surplus to the needs
of the Federal Government.
The Secretary may exclude, in his discretion, from such
list lands located within, or contiguous to, the exterior
boundaries of lands held in trust for a federally recognized
Indian tribe located in the State of California.
On page 61, after line 13, insert the following:
(e) Nothing in this Act shall be construed to affect the
operation of federally owned dams located on the Colorado
River in the Lower Basin.
(f) Nothing in this Act shall be construed to amend,
supersede, or preempt any State law, Federal law, interstate
compact, or international treaty pertaining to the Colorado
River (including its tributaries) in the Upper Basin,
including, but not limited to the appropriation, use,
development, storage, regulation, allocation, conservation,
exportation, or quality of those rivers.
(g) With respect to the Havasu and Imperial wilderness
areas designated by section 111 of Title I of this Act, no
rights to water of the Colorado River are reserved, either
expressly, impliedly, or otherwise.
Page 64, beginning on line 23, strike ``the Catellus'' and
all that follows through `` `Catellus')'' and insert ``holder
of private lands (hereafter in this section referred to as
the `landowner')''.
Page 65, line 3, strike ``Catellus'' and insert ``the
landowner''.
Page 65, line 7, strike ``Catellus'' and insert ``the
landowner''.
Page 65, line 9, strike ``Catellus'' and insert ``the
landowner''.
Page 67, line 8, strike ``Catellus'' and insert ``the
landowner''.
Page 67, line 12, strike ``Catellus'' and insert
``private''.
Page 67, line 17, strike ``Catellus'' and insert ``each
landowner''.
Page 67, line 19, strike ``Catellus'' and insert ``the
landowner''.
Page 67, line 23, strike ``Catellus'' and insert ``The
landowner''.
Page 68, line 6, strike ``Catellus's'' and insert ``the
landowner's''.
Page 68, line 8, strike ``Catellus'' and insert ``the
landowner''.
Page 68, line 9, strike ``Catellus'' and insert ``the
landowner''.
--Page 69, after line 23, add the following:
TITLE VIII--CALIFORNIA MILITARY LANDS WITHDRAWAL
SEC. 801. SHORT TITLE AND FINDINGS.
(a) Short Title.--This title may be cited as the
``California Military Lands Withdrawal and Overflights Act of
1994''.
(b) Findings.--The Congress finds that--
(1) the Federal lands within the desert regions of
California have provided essential opportunities for military
training, research, and development for the Armed Forces of
the United States and allied nations;
(2) alternative sites for military training and other
military activities carried out on Federal lands in the
California desert area are not readily available;
(3) while changing world conditions have lessened to some
extent the immediacy of military threats to the national
security of the United States and its allies, there remains a
need for military training, research, and development
activities of the types that have been carried out of Federal
lands in the California desert area; and
(4) continuation of existing military training, research,
and development activities, under appropriate terms and
conditions, is not incompatible with the protection and
proper management of the natural, environmental, cultural,
and other resources and values of the Federal lands in the
California desert area.
SEC. 802. WITHDRAWALS.
(a) China Lake.--(1) Subject to valid existing rights and
except as otherwise provided in this title, the Federal lands
referred to in paragraph (2), and all other areas within the
boundary of such lands as depicted on the map specified in
such paragraph which may become subject to the operation of
the public land laws, are hereby withdrawn from all forms of
appropriation under the public land laws (including the
mining laws and the mineral leasing laws). Such lands are
reserved for use by the Secretary of the Navy for--
(A) use as a research, development, test, and evaluation
laboratory;
(B) use as a range for air warfare weapons and weapon
systems;
(C) use as a high hazard training area for aerial gunnery,
rocketry, electronic warfare and countermeasures, tactical
maneuvering and air support; and
(D) subject to the requirements of section 804(f), other
defense-related purposes consistent with the purposes
specified in this paragraph.
(2) The lands referred to in paragraph (1) are the Federal
lands, located within the boundaries of the China Lake Naval
Weapons Center, comprising approximately 1,100,000 acres in
Inyo, Kern, and San Bernardino Counties, California, as
generally depicted on a map entitled ``China Lake Naval
Weapons Center Withdrawal--Proposed'', dated January 1985,
and filed in accordance with section 803.
(b) Chocolate Mountain.--(1) Subject to valid existing
rights and except as otherwise provided in this title, the
Federal lands referred to in paragraph (2), and all other
areas within the boundary of such lands as depicted on the
map specified in such paragraph which may become subject to
the operation of the public land laws, are hereby withdrawn
from all forms of appropriation under the public land laws
(including the mining laws and the mineral leasing and the
geothermal leasing laws). Such lands are reserved for use by
the Secretary of the Navy for--
(A) testing and training for aerial bombing, missile
firing, tactical maneuvering and air support; and
(B) subject to the provisions of section 804(f), other
defense-related purposes consistent with the purposes
specified in this paragraph.
(2) The lands referred to in paragraph (1) are the Federal
lands comprising approximately 226,711 acres in Imperial
County, California, as generally depicted on a map entitled
``Chocolate Mountain Aerial Gunnery Range Proposed--
Withdrawal'' dated July 1993 and filed in accordance with
section 803.
(c) El Centro Ranges.--(1) Subject to valid existing
rights, and except as otherwise provided in this title, the
Federal lands referred to in paragraph (2), and all other
areas within the boundaries of such lands as depicted on the
map specified in such paragraph which may become subject to
the operation of the public land laws, are hereby withdrawn
from all forms of appropriation under the public land laws
(including the mining laws) but not the mineral or geothermal
leasing laws. Such lands are reserved for use by the
Secretary of the Navy for--
(A) defense-related purposes in accordance with the
Memorandum of Understanding dated June 29, 1987, between the
Bureau of Land Management, the Bureau of Reclamation, and the
Department of the Navy; and
(B) subject to the provisions of section 804(f), other
defense-related purposes consistent with the purposes
specified in this paragraph.
(2) The lands referred to in paragraph (1) are the Federal
lands comprising approximately 46,600 acres in Imperial
County, California, as generally depicted on a map entitled
``Exhibit A, Naval Air Facility, El Centro, California, Land
Acquisition Map, Range 2510 (West Mesa) dated March 1993 and
a map entitled ``Exhibit B, Naval Air Facility, El Centro,
California, Land Acquisition Map Range 2512 (East Mesa)''
dated March 1993.
SEC. 803. MAPS AND LEGAL DESCRIPTIONS.
(a) Publication and Filing Requirement.--As soon as
practicable after the date of enactment of this title, the
Secretary of the Interior shall--
(1) publish in the Federal Register a notice containing the
legal description of the lands withdrawn and reserved by this
title; and
(2) file maps and the legal description of the lands
withdrawn and reserved by this title with the Committee on
Energy and Natural Resources of the United States Senate and
with the Committee on Natural Resources of the United States
House of Representatives.
(b) Technical Corrections.--Such maps and legal
descriptions shall have the same force and effect as if they
were included in this title except that the Secretary of the
Interior may correct clerical and typographical errors in
such maps and legal descriptions.
(c) Availability for Public Inspection.--Copies of such
maps and legal descriptions shall be available for public
inspection in the Office of the Director of the Bureau of
Land Management, Washington, District of Columbia; the Office
of the Director, California State Office of the Bureau of
Land Management, Sacramento, California; the office of the
commander of the Naval Weapons Center, China Lake,
California; the office of the commanding officer, Marine
Corps Air Station, Yuma, Arizona; and the Office of the
Secretary of Defense, Washington, District of Columbia.
(d) Reimbursement.--The Secretary of Defense shall
reimburse the Secretary of the Interior for the cost of
implementing this section.
SEC. 804. MANAGEMENT OF WITHDRAWN LANDS.
(A) Management by the Secretary of the Interior.--(1)
Except as provided in subsection (g), during the period of
the withdrawal the Secretary of the Interior shall manage the
lands withdrawn under section 802 pursuant to the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.) and other applicable law, including this Act.
(2) To the extent consistent with applicable law and
Executive orders, the lands withdrawn under section 802 may
be managed in a manner permitting--
(A) the continuation of grazing pursuant to applicable law
and Executive orders where
[[Page 1213]]
permitted on the date of enactment of this title;
(B) protection of wildlife and wildlife habitat;
(C) control of predatory and other animals;
(D) recreation (but only on lands withdrawn by section
802(a) (relating to China Lake));
(E) the prevention and appropriate suppression of brush and
range fires resulting from nonmilitary activities; and
(F) geothermal leasing on the lands withdrawn under section
802(a) (relating to China Lake).
(3)(A) All nonmilitary use of such lands, including the
uses described in paragraph (2), shall be subject to such
conditions and restrictions as may be necessary to permit the
military use of such lands for the purposes specified in or
authorized pursuant to this title.
(B) The Secretary of the Interior may issue any lease,
easement, right-of-way, or other authorization with respect
to the nonmilitary use of such lands only with the
concurrence of the Secretary of the Navy.
(b) Closure to Public.--(1) If the Secretary of the Navy
determines that military operations, public safety, or
national security require the closure to public use of any
road, trail, or other portion of the lands withdrawn by this
title, the Secretary may take such action as the Secretary
determines necessary or desirable to effect and maintain such
closure.
(2) Any such closure shall be limited to the minimum areas
and periods which the Secretary of the Navy determines are
required to carry out this subsection.
(3) Before and during any closure under this subsection,
the Secretary of the Navy shall--
(A) keep appropriate warning notices posted; and
(B) take appropriate steps to notify the public concerning
such closures.
(c) Management Plan.--The Secretary of the Interior (after
consultation with the Secretary of the Navy) shall develop a
plan for the management of each area withdrawn under section
802 during the period of such withdrawal. Each plan shall--
(1) be consistent with applicable law;
(2) be subject to conditions and restrictions specified in
subsection (a)(3);
(3) include such provisions as may be necessary for proper
management and protection of the resources and values of such
area; and
(4) be developed not later than three years after the date
of enactment of this title.
(d) Brush and Range Fires.--The Secretary of the Navy shall
take necessary precautions to prevent and suppress brush and
range fires occurring within and outside the lands withdrawn
under section 802 as a result of military activities and may
seek assistance from the Bureau of Land Management in the
suppression of such fires. The memorandum of understanding
required by subsection (e) shall provide for Bureau of Land
Management assistance in the suppression of such fires, and
for a transfer of funds from the Department of the Navy to
the Bureau of Land Management as compensation for such
assistance.
(e) Memorandum of Understanding.--(1) The Secretary of the
Interior and the Secretary of the Navy shall (with respect to
each land withdrawal under section 802) enter into a
memorandum of understanding to implement the management plan
developed under subsection (c) Any such memorandum of
understanding shall provide that the Director of the Bureau
of Land Management shall provide assistance in the
suppression of fires resulting from the military use of lands
withdrawn under section 802 if requested by the Secretary of
the Navy.
(2) The duration of any such memorandum shall be the same
as the period of the withdrawal of the lands under section
802.
(f) Additional Military Uses.--(1) Lands withdrawn by
section 802 may be used for defense-related uses other than
those specified in such section. The Secretary of Defense
shall promptly notify the Secretary of the Interior in the
event that the lands withdrawn by this title will be used for
defense-related purposes other than those specified in
section 802. Such notification shall indicate the additional
use of uses involved, the proposed duration of such uses, and
the extent to which such additional military uses of the
withdrawn lands will require that additional or more
stringent conditions or restrictions be imposed on otherwise-
permitted nonmilitary uses of the withdrawn land or portions
thereof.
(g) Management of China Lake.--(1) The Secretary of the
Interior may assign the management responsibility for the
lands withdrawn under section 802(a) to the Secretary of the
Navy who shall manage such lands, and issue leases,
easements, rights-of-way, and other authorizations, in
accordance with this title and cooperative management
arrangements between the Secretary of the Interior and the
Secretary of the Navy. In the case that the Secretary of the
Interior assigns such management responsibility to the
Secretary of the Navy before the development of the
management plan under subsection (c), the Secretary of the
Navy (after consultation with the Secretary of the Interior)
shall develop such management plan.
(2) The Secretary of the Interior shall be responsible for
the issuance of any lease, easement, right-of-way, and other
authorization with respect to any activity which involves
both the lands withdrawn under section 802(a) and any other
lands. Any such authorization shall be issued only with the
consent of the Secretary of the Navy and, to the extent that
such activity involves lands withdrawn under section 802(a),
shall be subject to such conditions as the Secretary of the
Navy may prescribe.
(3) The Secretary of the Navy shall prepare and submit to
the Secretary of the Interior and annual report on the status
of the natural and cultural resources and values of the lands
withdrawn under section 802(a). The Secretary of the Interior
shall transmit such report to the Committee on Natural
Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate.
(4) The Secretary of the Navy shall be responsible for the
management of wild horses and burros located on the lands
withdrawn under section 802(a) and may utilize helicopters
and motorized vehicles for such purposes. Such management
shall be in accordance with laws applicable to such
management on public lands and with an appropriate memorandum
of understanding between the Secretary of the Interior and
the Secretary of the Navy.
(5) Neither this Act nor any other provision of law shall
be construed to prohibit the Secretary of the Interior from
issuing and administering any lease for the development and
utilization of geothermal steam and associated geothermal
resources on the lands withdrawn under section 802(a)
pursuant to the Geothermal Steam Act of 1970 (30 U.S.C. 1001
et seq.) and other applicable law, but no such lease shall be
issued without the concurrence of the Navy.
(6) This title shall not affect the geothermal exploration
and development authority of the Secretary of the Navy under
section 2689 of title 10, United States Code, except that the
Secretary of the Navy shall obtain the concurrence of the
Secretary of the Interior before taking action under that
section with respect to the lands withdrawn under section
802(a).
(7) Upon the expiration of the withdrawal made by
subsection 802(a) or relinquishment of the lands withdrawn by
that subsection, Navy contracts for the development of
geothermal resources at China Lake then in effect (including
amendments or renewals by the Navy after the date of
enactment of this Act shall remain in effect: Provided, that
the Secretary of the Interior, with the consent of the
Secretary of the Navy, may offer to substitute a standard
geothermal lease for any such contract.
(h) Management of El Centro Ranges.--To the extent
consistent with this title, the lands and minerals within the
areas described in section 802(c) shall be managed in
accordance with the Cooperative Agreement entered into
between the Bureau of Land Management, Bureau of Reclamation,
and the Department of the Navy, dated June 29, 1987.
SEC. 805. DURATION OF WITHDRAWALS.
(a) Duration.--The withdrawal and reservation established
by this title shall terminate 15 years after the date of
enactment of this Act.
(b) Draft Environmental Impact Statement.--No later than 12
years after the date of enactment of this Act, the Secretary
of the Navy shall publish a draft environmental impact
statement concerning continued or renewed withdrawal of any
portion of the lands withdrawn by this title for which that
Secretary intends to seek such continued or renewed
withdrawal. Such draft environmental impact statement shall
be consistent with the requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
applicable to such a draft environmental impact statement.
Prior to the termination date specified in subsection (a),
the Secretary of the Navy shall hold a public hearing on any
draft environmental impact statement published pursuant to
this subsection. Such hearing shall be held in the State of
California in order to receive public comments on the
alternatives and other matters included in such draft
environmental impact statement.
(c) Extensions or Renewals.--The withdrawals established by
this title may not be extended or renewed except by an Act or
joint resolution.
SEC. 806. ONGOING DECONTAMINATION.
(a) Program.--Throughout the duration of the withdrawals
made by this title, the Secretary of the Navy, to the extent
funds are made available, shall maintain a program of
decontamination of lands withdrawn by this title at least at
the level of decontamination activities performed on such
lands in fiscal year 1986.
(b) Reports.--At the same time as the President transmits
to the Congress the President's proposed budget for the first
fiscal year beginning after the date of enactment of this Act
and for each subsequent fiscal year, the Secretary of the
Navy shall transmit to the Committees on Appropriations,
Armed Services, and Energy and Natural Resources of the
Senate and to the Committees on Appropriations, Armed
Services, and Natural Resources of the House of
Representatives a description of the decontamination efforts
undertaken during the previous fiscal year on such lands and
the decontamination activities proposed for such lands during
the next fiscal year including:
(1) amounts appropriated and obligated or expended for
decontamination of such lands;
(2) the methods used to decontaminate such lands;
(3) amount and types of contaminants removed from such
lands;
(4) estimated types and amounts of residual contamination
on such lands; and
[[Page 1214]]
(5) an estimate of the costs for full decontamination of
such lands and the estimate of the time to complete such
decontamination.
SEC. 807. REQUIREMENTS FOR RENEWAL.
(a) Notice and Filing.--(1) No later than three years prior
to the termination of the withdrawal and reservation
established by this title, the Secretary of the Navy shall
advise the Secretary of the Interior as to whether or not the
Secretary of the Navy will have a continuing military need
for any of the lands withdrawn under section 802 after the
termination date of such withdrawal and reservation.
(2) If the Secretary of the Navy concludes that there will
be a continuing military need for any of such lands after the
termination date, the Secretary shall file an application for
extension of the withdrawal and reservation of such needed
lands in accordance with the regulations and procedures of
the Department of the Interior applicable to the extension of
withdrawals of lands for military uses.
(3) If, during the period of withdrawal and reservation,
the Secretary of the Navy decides to relinquish all or any of
the lands withdrawn and reserved by this title, the Secretary
shall file a notice of intention to relinquish with the
Secretary of the Interior.
(b) Contamination.--(1) Before transmitting a notice of
intention to relinquish pursuant to subsection (a), the
Secretary of Defense, acting through the Department of Navy,
shall prepare a written determination concerning whether and
to what extent the lands that are to be relinquished are
contaminated with explosive, toxic, or other hazardous
materials.
(2) A copy of such determination shall be transmitted with
the notice of intention to relinquish.
(3) Copies of both the notice of intention to relinquish
and the determination concerning the contaminated state of
the lands shall be published in the Federal Register by the
Secretary of the Interior.
(c) Decontamination.--If any land which is the subject of a
notice of intention to relinquish pursuant to subsection (a)
is contaminated, and the Secretary of the Interior, in
consultation with the Secretary of the Navy, determines that
decontamination is practicable and economically feasible
(taking into consideration the potential future use and value
of the land) and that upon decontamination, the land could be
opened to operation of some or all of the public land laws,
including the mining laws, the Secretary of the Navy shall
decontaminate the land to the extent that funds are
appropriated for such purpose.
(d) Alternatives.--If the Secretary of the Interior, after
consultation with the Secretary of the Navy, concludes that
decontamination of any land which is the subject of a notice
of intention to relinquish pursuant to subsection (a) is not
practicable or economically feasible, or that the land cannot
be decontaminated sufficiently to be opened to operation of
some or all of the public land laws, or if Congress does not
appropriate a sufficient amount of funds for the
decontamination of such land, the Secretary of the Interior
shall not be required to accept the land proposed for
relinquishment.
(e) Status of Contaminated Lands.--If, because of their
contaminated sate, the Secretary of the Interior declines to
accept jurisdiction over lands withdrawn by this title which
have been proposed for relinquishment, or if at the
expiration of the withdrawal made by this title the Secretary
of the Interior determines that some of the lands withdrawn
by this title are contaminated to an extent which prevents
opening such contaminated lands to operation of the public
land laws--
(1) the Secretary of the Navy shall take appropriate steps
to warn the public of the contaminated state of such lands
and any risks associated with entry onto such lands;
(2) after the expiration of the withdrawal, the Secretary
of the Navy shall undertake no activities on such lands
except in connection with decontamination of such lands; and
(3) the Secretary of the Navy shall report to the Secretary
of the Interior and to the Congress concerning the status of
such lands and all actions taken in furtherance of this
subsection.
(f) Revocation Authority.--Notwithstanding any other
provision of law, the Secretary of the Interior, upon
deciding that it is in the public interest to accept
jurisdiction over lands proposed for relinquishment pursuant
to subsection (a), is authorized to remove the withdrawal and
reservation established by this title as it applies to such
lands. Should the decision be made to revoke the withdrawal
and reservation, the Secretary of the Interior shall publish
in the Federal Register an appropriate order which shall--
(1) terminate the withdrawal and reservation;
(2) constitute official acceptance of full jurisdiction
over the lands by the Secretary of the Interior; and
(3) state the date upon which the lands will be opened to
the operation of some or all of the public lands laws,
including the mining laws.
SEC. 808. DELEGABILITY.
(a) Defense.--The functions of the Secretary of Defense or
the Secretary of the Navy under this title may be delegated.
(b) Interior.--The functions of the Secretary of the
Interior under this title may be delegated, except that an
order described in section 807(f) may be approved and signed
only by the Secretary of the Interior, the Under Secretary of
the Interior, or an Assistant Secretary of the Department of
the Interior.
SEC. 809. HUNTING, FISHING, AND TRAPPING.
All hunting, fishing, and trapping on the lands withdrawn
by this Act shall be conducted in accordance with the
provisions of section 2671 of title 10, United States Code.
SEC. 810. IMMUNITY OF UNITED STATES.
The United States and all departments or agencies thereof
shall be held harmless and shall not be liable for any injury
or damage to persons or property suffered in the course of
any geothermal leasing or other authorized nonmilitary
activity conducted on lands described in section 802 of this
title.
SEC. 811. MILITARY OVERFLIGHTS.
(a) Effect of Act.--(1) Nothing in this Act shall be
construed to--
(A) restrict or preclude continuation of low-level military
overflights, including those on existing flight training
routes; or
(B) preclude the designation of new units of special
airspace or the establishment of new flight training routes
over the lands designated by this Act for inclusion within
new or expanded units of the National Park System or National
Wilderness Preservation System.
(2) Nothing in this Act shall be construed as requiring
revision of existing policies or procedures applicable to the
designation of units of special airspace or the establishment
of flight training routes over any Federal lands affected by
this Act.
(b) Monitoring.--The Secretary of the Interior and the
Secretary of Defense shall monitor the effects of military
overflights on the resources and values of the units of the
National Park System and National Wilderness Preservation
System designated or expanded by this Act, and shall attempt,
consistent with national security needs, to resolve concerns
related to such overflights and to avoid or minimize adverse
impacts on resources and values and visitor safety associated
with overflight activities.
SEC. 812. TERMINATION OF PRIOR RECLAMATION WITHDRAWALS.
Except to the extent that existing Bureau of Reclamation
withdrawals of public lands were identified for continuation
in Federal Register Notice Document 92-4838 (57 Federal
Register 7599, March 3, 1992), as amended by Federal Register
Correction Notices (57 Federal Register 19135, May 4, 1992;
57 Federal Register 19163, May 4, 1992; and 58 Federal
Register 30181, May 26, 1993), all existing Bureau of
Reclamation withdrawals made by Secretarial Orders and Public
Land Orders affecting public lands and Indian lands located
within the California Desert Conservation Area established
pursuant to section 601 of the Federal Land Policy and
Management Act of 1976 are hereby terminated.
At the end of the bill add the following:
Title VIII--Buy American Act
SEC. 801. COMPLIANCE WITH BUY AMERICAN ACT.
None of the funds made available in this Act may be
expended in violation of sections 2 through 4 of the Act of
March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the
``Buy American Act''), which are applicable to those funds.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. SHARP, announced that the yeas had it.
Mr. WALKER demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
213
<3-line {>
affirmative
Nays
210
Para. 75.12 [Roll No. 322]
AYES--213
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Ballenger
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Berman
Bevill
Bilbray
Blackwell
Bliley
Bonilla
Bonior
Borski
Boucher
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Coyne
Darden
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Gingrich
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Houghton
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
[[Page 1215]]
Lantos
Levin
Lewis (GA)
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Mfume
Michel
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Moran
Morella
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Olver
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Pickle
Pomeroy
Price (NC)
Rangel
Reed
Reynolds
Richardson
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schumer
Scott
Sharp
Sisisky
Skaggs
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Swift
Synar
Tanner
Thompson
Thornton
Thurman
Torres
Towns
Traficant
Tucker
Unsoeld
Velazquez
Vento
Visclosky
Walsh
Washington
Waters
Watt
Waxman
Wheat
Whitten
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOES--210
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Barrett (NE)
Bartlett
Barton
Bentley
Bereuter
Bilirakis
Blute
Boehlert
Boehner
Brewster
Browder
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
de la Garza
Deal
DeFazio
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fingerhut
Fowler
Franks (NJ)
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lancaster
LaRocco
Lazio
Leach
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McHugh
McInnis
McKeon
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Murphy
Myers
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Regula
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schenk
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Shepherd
Shuster
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Stupak
Sundquist
Swett
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Torkildsen
Torricelli
Upton
Valentine
Volkmer
Vucanovich
Walker
Weldon
Williams
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--11
Bishop
Gallo
Huffington
Kennedy
Laughlin
McCurdy
McDade
Obey
Rowland
Serrano
Slattery
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 75.13A message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. McCathran, one of his secretaries.
Para. 75.13 motion to instruct conferees--h.r. 3355
Ms. DUNN, submitted the privileged motion to instruct the managers on
the part of the House at the conference with the Senate on the
disagreeing votes of the two Houses on the bill (H.R. 3355) to amend the
Omnibus Crime Control and Safe Streets Act of 1968 to allow grants to
increase police presence, to expand and improve cooperative efforts
between law enforcement agencies and members of the community, to
address crime and disorder problems, and otherwise to enhance public
safety; be instructed not to make any agreement that does not include
subtitle F of title VIII of the Senate amendment, relating to sexually
violent predators.
After debate,
On motion of Ms. DUNN, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Ms. KAPTUR, announced that the yeas had it.
Ms. DUNN objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
407
When there appeared
<3-line {>
Nays
13
Para. 75.14 [Roll No. 323]
YEAS--407
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Blackwell
Bliley
Blute
Boehlert
Bonilla
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Neal (MA)
Neal (NC)
Nussle
Oberstar
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
[[Page 1216]]
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--13
Brooks
Clay
Gonzalez
Hastings
Hilliard
Hughes
Kopetski
Meek
Nadler
Owens
Rangel
Waters
Watt
NOT VOTING--14
Armey
Bishop
Boehner
Conyers
DeLay
Edwards (CA)
Gallo
Laughlin
McCurdy
McDade
Obey
Rowland
Slattery
Washington
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
Para. 75.15 motion to instruct conferees--h.r. 3355
Mr. ROHRABACHER, submitted the privileged motion to instruct the
managers on the part of the House at the conference with the Senate on
the disagreeing votes of the two Houses on the bill (H.R. 3355) to amend
the Omnibus Crime Control and Safe Streets Act of 1968 to allow grants
to increase police presence, to expand and improve cooperative efforts
between law enforcement agencies and members of the community, to
address crime and disorder problems, and otherwise to enhance public
safety; be instructed to agree to Section 5102 of the Senate amendment.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Ms. KAPTUR, announced that the nays had it.
Mr. ROHRABACHER objected to the vote on the ground that a quorum was
not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
289
When there appeared
<3-line {>
Nays
121
Para. 75.16 [Roll No. 324]
YEAS--289
Ackerman
Allard
Andrews (NJ)
Andrews (TX)
Archer
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Beilenson
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Bonilla
Boucher
Brewster
Browder
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Carr
Castle
Chapman
Clement
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
Deal
DeFazio
DeLauro
Deutsch
Dickey
Dingell
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
English
Eshoo
Everett
Ewing
Fawell
Fields (TX)
Fingerhut
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
LaRocco
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lucas
Machtley
Maloney
Mann
Manzullo
Margolies-Mezvinsky
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McHale
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Miller (FL)
Minge
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Myers
Neal (MA)
Neal (NC)
Nussle
Orton
Packard
Pallone
Parker
Paxon
Payne (VA)
Penny
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Regula
Reynolds
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Roth
Roukema
Royce
Sangmeister
Santorum
Sarpalius
Saxton
Schaefer
Schenk
Schiff
Schumer
Sensenbrenner
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Slaughter
Smith (MI)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Strickland
Stump
Stupak
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thornton
Thurman
Torkildsen
Torricelli
Traficant
Upton
Valentine
Volkmer
Vucanovich
Walker
Walsh
Weldon
Williams
Wise
Wolf
Wyden
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--121
Abercrombie
Andrews (ME)
Bacchus (FL)
Becerra
Berman
Blackwell
Bonior
Borski
Brooks
Brown (CA)
Brown (FL)
Cardin
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coyne
de la Garza
Dellums
Derrick
Diaz-Balart
Dicks
Dixon
Dooley
Durbin
Edwards (CA)
Engel
Evans
Farr
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford (TN)
Gephardt
Gibbons
Gonzalez
Green
Gutierrez
Hamburg
Hastings
Hilliard
Hinchey
Hughes
Jefferson
Johnson, E. B.
Johnston
Kleczka
Kopetski
Lantos
Lewis (GA)
Lowey
Manton
Markey
Martinez
Matsui
McDermott
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moran
Morella
Murphy
Nadler
Oberstar
Olver
Ortiz
Owens
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Pickle
Rangel
Reed
Richardson
Ros-Lehtinen
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Scott
Serrano
Shepherd
Skaggs
Smith (IA)
Smith (NJ)
Stark
Stokes
Studds
Swift
Synar
Thompson
Torres
Towns
Tucker
Unsoeld
Velazquez
Vento
Visclosky
Waters
Watt
Waxman
Wheat
Woolsey
Wynn
Yates
NOT VOTING--24
Applegate
Armey
Bishop
Boehner
DeLay
Doolittle
Fish
Ford (MI)
Frank (MA)
Gallo
Laughlin
McCurdy
McDade
Michel
Murtha
Obey
Oxley
Rowland
Sharp
Slattery
Smith (OR)
Washington
Whitten
Wilson
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
Para. 75.17 message from the president--u.s.-origin satellites to china
The SPEAKER pro tempore, Mr. STARK, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
Pursuant to the authority vested in me by section 902(b)(2) of the
Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public
Law 101-246), and as President of the United States, I hereby report to
the Congress that it is in the national interest of the United States to
waive the restrictions contained in that Act on the export to the
People's Republic of China of U.S.-origin satellites insofar as such
restrictions pertain to the EchoStar project.
William J. Clinton.
The White House, July 13, 1994.
By unanimous consent, the message was referred to the Committee on
Foreign Affairs and ordered to be printed (H. Doc. 103-279).
Para. 75.18 senate bill referred
A bill of the Senate of the following title was taken from the
Speaker's table and, under the rule, referred as follows:
S. 1703. An Act to expand the boundaries of the Piscataway
National Park, and for other purposes; to the Committee on
Natural Resources.
[[Page 1217]]
Para. 75.19 senate enrolled bills and joint resolution signed
The SPEAKER announced his signature to enrolled bills and a joint
resolution of the Senate of the following titles:
S. 273. An Act to remove certain restrictions from a parcel
of land owned by the City of North Charleston, South
Carolina, in order to permit a land exchange, and for other
purposes.
S. 1402. An Act to convey a certain parcel of public land
to the country of Twin Falls, Idaho, for use as a landfill,
and for other purposes.
S.J. Res. 187. Joint resolution designating July 16 through
July 24, 1994, as ``National Apollo Anniversary Observance.''
Para. 75.20 leave of absence
By unanimous consent, leave of absence was granted to Miss COLLINS of
Michigan, for today before 11 a.m.
And then,
Para. 75.21 adjournment
On motion of Mr. McInnis, at 10 o'clock and 18 minutes p.m., the House
adjourned.
Para. 75.22 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. CLAY: Committee on Post Office and Civil Service. H.R.
3499. A bill to amend the Defense Department Overseas
Teachers Pay and Personnel Practices Act; with an amendment
(Rept. No. 103-598, Pt. 1). Ordered to be printed.
Mr. FORD of Michigan: Committee on Education and Labor.
H.R. 2721. A bill to amend title VII of the Civil Rights Act
of 1964 and the Age Discrimination in Employment Act of 1967
to improve the effectiveness of administrative review of
employment discriminations claims made by Federal employees,
and for other purposes; with an amendment (Rept. No. 103-599
Pt. 1). Ordered to be printed.
Para. 75.23 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. STUDDS (for himself, Mrs. Unsoeld, and Mr.
Wyden):
H.R. 4734. A bill to require consultations, assessments,
and monitoring of the effects of major trade actions on the
environment generally, including fish, wildlife, endangered
species, and other natural resources; jointly, to the
Committees on Ways and Means and Merchant Marine and
Fisheries.
By Mr. RUSH:
H.R. 4735. A bill to amend section 14 of the United States
Housing Act of 1937 to authorize public housing agencies to
use comprehensive modernization grant amounts to leverage
amounts to replace and modernize public housing; to the
Committee on Banking, Finance and Urban Affairs.
By Mr. ROSE (by request):
H.R. 4736. A bill to establish in the Treasury of the
United States the Library of Congress Revolving Fund, and for
other purposes; jointly, to the Committees on House
Administration and the Judiciary.
By Mr. WYDEN (for himself, Mr. Studds, and Mrs.
Unsoeld):
H.R. 4737. A bill to modify the negotiating objectives of
the United States for future trade agreements, and for other
purposes; to the Committee on Ways and Means.
By Mr. BOEHNER (for himself, Mr. Blute, Mr. Goss, Mr.
Inglis of South Carolina, Mr. Portman, Mr. Greenwood,
and Mr. Roberts):
H.R. 4738. A bill to reduce the official mail allowance of
Members of the House and to prohibit certain other mailing
practices, and for other purposes; jointly, to the Committees
on Post Office and Civil Service and House Administration.
By Mrs. BYRNE:
H.R. 4739. A bill to extend certain requirements and
standards under the Occupational Safety and Health Act of
1970 to the legislative branch; jointly, to the Committees on
Education and Labor and House Administration.
By Mr. DEUTSCH:
H.R. 4740. A bill to require the Administrator of General
Services to convey to the city of Key West, FL, each of 2
parcels of land of the Naval Air Station Key West in Key
West, FL, at such time as the parcel is reported to the
Administrator as excess to the needs of the Department of the
Navy; to the Committee on Government Operations.
By Mr. UNDERWOOD:
H.R. 4741. A bill to amend the Organic Act of Guam to
provide for restitution to the people of Guam who suffered
atrocities such as personal injury, forced labor, forced
marches, internment, and death during the occupation of Guam
in World War II, and for other purposes; jointly, to the
Committees on Natural Resources and the Judiciary.
By Mr. HERGER:
H.R. 4742. A bill to declare a state of emergency on
Federal lands within the State of California for the
immediate reduction in forest fuels for the prevention of
catastrophic wildfire; jointly, to the Committees on Natural
Resources and Agriculture.
By Mr. KINGSTON:
H.R. 4743. A bill to provide that carriage of an item of
equipment to be used under a Federal contract for cleaning up
radioactive waste from the production of nuclear weapons is
not coastwise trade; to the Committee on Merchant Marine and
Fisheries.
By Ms. LAMBERT (for herself, Mr. Thornton, Mr. Emerson,
Mr. Stenholm, Mr. McCloskey, Mr. Myers of Indiana,
Mr. Hilliard, and Mr. Baker of Louisiana):
H.R. 4744. A bill to provide for the coordination and
implementation of a national aquaculture policy for the
private sector by the Secretary of Agriculture, to establish
an aquaculture commercialization research program, and for
other purposes; to the Committee on Agriculture.
By Mr. MARKEY (for himself and Mr. Synar):
H.R. 4745. A bill to provide a framework for Securities and
Exchange Commission supervision and regulation of derivatives
activities, and for other purposes; to the Committee on
Energy and Commerce.
By Mr. MILLER of California (by request):
H.R. 4746. A bill to provide for the exchange of lands
within Gates of the Arctic National Park and Preserve, and
for other purposes; to the Committee on Natural Resources.
By Mr. MORAN:
H.R. 4747. A bill to amend the Internal Revenue Code of
1986 to allow claims for credits and refunds in certain cases
where the statute of limitations is open for the assessment
of a deficiency; to the Committee on Ways and Means.
H.R. 4748. A bill to amend the Internal Revenue Code of
1986 to allow the Internal Revenue Service to prescribe and
update a standard mileage rate for the charitable use of a
passenger automobile; to the Committee on Ways and Means.
By Ms. ROS-LEHTINEN (for herself and Mr. Diaz-Balart):
H.R. 4749. A bill to provide for adjustment of status of
certain Nicaraguans; to the Committee on the Judiciary.
By Mr. SHARP:
H.R. 4750. A bill to amend the Energy Policy and
Conservation Act to manage the Strategic Petroleum Reserve
more effectively, and for other purposes; to the Committee on
Energy and Commerce.
H.R. 4751. A bill to reauthorize appropriations for the
weatherization program under section 422 of the Energy
Conservation and Production Act; to the Committee on Energy
and Commerce.
H.R. 4752. A bill to amend the Energy Policy and
Conservation Act to manage the Strategic Petroleum Reserve
more effectively, and for other purposes; to the Committee on
Energy and Commerce.
By Mr. TORRICELLI:
H.R. 4753. A bill to provide for the safety of journeymen
boxers, and for other purposes; jointly, to the Committees on
Education and Labor and Energy and Commerce.
By Mr. YOUNG of Alaska:
H.R. 4754. A bill to provide for the exchange of lands
within Gates of the Arctic National Park and Preserve, and
for other purposes; to the Committee on Natural Resources.
Para. 75.24 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 140: Mr. Lucas and Mr. Andrews of New Jersey.
H.R. 171: Mr. Weldon.
H.R. 214: Mr. Kyl.
H.R. 216: Ms. Margolies-Mezvinsky.
H.R. 291: Mr. Bacchus of Florida, Mr. Manton, Mr.
Foglietta, and Mr. Gekas.
H.R. 302: Mr. Engel and Mr. Strickland.
H.R. 326: Mr. Pombo, Mr. Hall of Texas, Mrs. Collins of
Illinois, Mr. McHugh, Mr. Pete Geren of Texas, Ms. Molinari,
and Mr. Ortiz.
H.R. 559: Ms. Furse.
H.R. 743: Ms. Margolies-Mezvinsky.
H.R. 832: Mr. McHugh.
H.R. 911: Mr. Livingston.
H.R. 1009: Mrs. Byrne.
H.R. 1110: Mr. Weldon.
H.R. 1295: Mr. Kildee.
H.R. 1417: Mr. Frost, Mr. Owens, and Mr. Andrews of Maine.
H.R. 1563: Mr. Blute.
H.R. 1737: Mr. Wilson.
H.R. 1887: Ms. Margolies-Mezvinsky.
H.R. 2043: Mr. Ford of Tennessee.
H.R. 2132: Mr. Kasich.
H.R. 2292: Mr. Swett, Mr. Stearns, and Mr. Frank of
Massachusetts.
H.R. 2512: Mr. Royce.
H.R. 2898: Mr. Sabo.
H.R. 2930: Mr. Engel.
H.R. 2959: Mr. Talent.
H.R. 3271: Mr. Pombo.
H.R. 3309: Mr. Darden, Mrs. Schroeder, and Mr. Filner.
H.R. 3407: Mr. Baker of California and Mr. Abercrombie.
H.R. 3490: Mr. Hinchey.
H.R. 3560: Mr. Pombo.
H.R. 3594: Mr. Kingston.
H.R. 3705: Mr. Petri, Mr. Gallegly, Mr. Jefferson, and Mr.
Barcia of Michigan.
H.R. 3722: Mr. Levy, Mr. Frost, and Ms. Eddie Bernice
Johnson of Texas.
H.R. 3771: Mr. Engel.
H.R. 3827: Mr. Engel.
H.R. 3943: Mr. Bachus of Alabama.
H.R. 3951: Mr. Minge, Mr. Bachus of Alabama, Mr. Bateman,
and Mr. Browder.
H.R. 3990: Mr. Andrews of Maine, Mr. Kleczka, Mr. Levy, and
Ms. Shepherd.
[[Page 1218]]
H.R. 3994: Mr. Huffington.
H.R. 4042: Mr. Gutierrez.
H.R. 4056: Mr. Condit, Mr. Santorum, Mr. Payne of Virginia,
and Mr. Calvert.
H.R. 4057: Mr. Machtley, Mr. Gallegly, Mr. Calvert, Mr.
Weldon, Mr. Blute, Mrs. Fowler, Mr. Zeliff, Mr. Barrett of
Nebraska, and Mr. Emerson.
H.R. 4077: Mr. Hayes.
H.R. 4135: Mr. Regula, Mr. Levin, Mr. Camp, Mr. Stupak, and
Mr. Hoekstra.
H.R. 4189: Mr. Beilenson, Ms. Pryce of Ohio, and Mr.
Rohrabacher.
H.R. 4230: Mr. Pastor.
H.R. 4260: Mr. Washington, Mr. Lewis of California, Mr.
Gekas, Mr. Hughes, Ms. Woolsey, and Ms. Molinari.
H.R. 4263: Ms. Brown of Florida.
H.R. 4271: Mr. Chapman.
H.R. 4298: Mr. Mazzoli.
H.R. 4316: Mr. Evans.
H.R. 4365: Mr. Bachus of Alabama and Mr. Livingston.
H.R. 4402: Mr. Filner.
H.R. 4404: Mr. Grandy, Mr. Hall of Ohio, Mr. Stark, Ms.
Pryce of Ohio, and Mr. Olver.
H.R. 4411: Ms. Kaptur, Mr. Berman, and Mr. Martinez.
H.R. 4421: Mr. Herger.
H.R. 4467: Ms. Kaptur.
H.R. 4495: Mr. LaFalce, Mr. Evans, and Mr. Synar.
H.R. 4514: Mr. Cunningham and Mr. Studds.
H.R. 4517: Mr. Stupak, Mr. Frank of Massachusetts, and Mr.
Coleman.
H.R. 4612: Mr. Rohrabacher.
H.R. 4636: Mr. Swift, Mr. Fingerhut, Mr. Fish, Mrs. Johnson
of Connecticut, Mr. Richardson, Mrs. Byrne, Mr. Wheat, Mrs.
Kennelly, and Mr. Faleomavaega.
H.R. 4643: Mr. Callahan.
H.J. Res. 44: Mr. Zimmer.
H.J. Res. 90: Ms. Brown of Florida, Mr. Clyburn, and Ms.
McKinney.
H.J. Res. 113: Mr. Hastert.
H.J. Res. 311: Mr. Andrews of Maine, Mr. Gibbons, Mr.
Gingrich, Mr. Grandy, Mr. Roberts, Mr. Rowland, and Mr.
Torres.
H. Con. Res. 6: Mr. McCurdy and Mr. McKeon.
H. Con. Res. 122: Mr. Zimmer.
H. Con. Res. 148: Mr. Regula and Mr. Gekas.
H. Con. Res. 243: Mrs. Fowler, Mr. Durbin, and Mr. Young of
Florida.
H. Con. Res. 250: Mr. Abercrombie, Mr. Brown of California,
Mr. Dellums, Mr. Evans, Mr. Filner, Ms. Furse, Mr. Gutierrez,
Ms. Eddie Bernice Johnson of Texas, Mr. Johnson of South
Dakota, Ms. Slaughter, and Mr. Waxman.
H. Res. 473: Ms. Slaughter.
Para. 75.25 petitions, etc.
Under clause 1 of rule XXII, petitions, and papers were laid on the
Clerk's desk and referred as follows:
102. By the SPEAKER: Petition of the Commissioner of Public
Lands, Olympia, WA, relative to public lands; to the
Committee on Natural Resources.
103. Also, petition of the Commissioner of Public Lands,
Olympia, WA, relative to conservation, preservation and
restoration of America's biodiversity; to the Committee on
Merchant Marine and Fisheries.
104. Also, petition of the Commissioner of Public Lands,
Olympia, WA, relative to transboundary natural resources
along the Mexican border; jointly, to the Committees on
Natural Resources and Foreign Affairs.
105. Also, petition of the Commissioner of Public Lands,
Olympia, WA, relative to pollutants on State land; jointly,
to the Committees on Public Works and Transportation and
Merchant Marine and Fisheries.
Para. 75.26 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 3222: Mr. Goss.
.
THURSDAY, JULY 14, 1994 (76)
The House was called to order by the SPEAKER.
Para. 76.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Wednesday, July 13, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 76.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3511. A letter from the Acting Assistant Secretary for
Manpower and Reserve Affairs, Department of the Army,
transmitting the Department's report entitled, ``Involuntary
Reductions of Civilian Positions,'' pursuant to section 371
of the National Defense Authorization Act of 1993; to the
Committee on Armed Services.
3512. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act of 10-282,
``Miner Building Conveyance Temporary Amendment Act of
1994,'' pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on the District of Columbia.
3513. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-271,
``Single-Room-Occupancy Rental Amendment Act of 1994,''
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on the District of Columbia.
3514. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-270,
``Evidence of Intrafamily Offenses in Child Custody Cases Act
of 1994,'' pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on the District of Columbia.
3515. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-283,
``Alcoholic Beverage Control Act and Rules Reform Amendment
Act of 1994 Temporary Technical Amendment Act of 1994,''
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on the District of Columbia.
3516. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-272, ``Jury
Fee Act of 1994,'' pursuant to D.C. Code, section 1-
233(c)(1); to the Committee on the District of Columbia.
3517. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-281,
``Metrobus Commercial Advertising Temporary Amendment Act of
1994,'' pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on the District of Columbia.
3518. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-275, ``Police
Truancy Enforcement Amendment Act of 1994,'' pursuant to D.C.
Code, section 1-233(c)(1); to the Committee on the District
of Columbia.
3519. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-274,
``Primary Caretaker Insurance Coverage for Minors Amendment
Act of 1994,'' pursuant to D.C. Code, section 1-233(c)(1); to
the Committee on the District of Columbia.
3520. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-273,
``Imminently Dangerous Premises Amendment Act of 1994,''
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on the District of Columbia.
3521. A letter from the Secretary, Department of Health and
Human Services, transmitting a report on the status of
children in Head Start Programs, pursuant to Public Law 101-
501, Sec. 119 (104 Stat. 1234); to the Committee on Education
and Labor.
3522. A letter from the Secretary of Education,
transmitting final regulations--administration of grants and
agreements with institutions of higher education, hospitals,
and other nonprofit organizations; definitions that apply to
Department regulations, pursuant to 20 U.S.C. 1232(d)(1); to
the Committee on Education and Labor.
3523. A letter from the Secretary of Education,
transmitting final regulations--Federal Family Education Loan
Program, pursuant to 20 U.S.C. 1232(d)(1); to the Committee
on Education and Labor.
3524. A letter from the Secretary of Education,
transmitting final regulations--Federal Family Education Loan
Program, pursuant to 20 U.S.C. 1232(d)(1); to the Committee
on Education and Labor.
3525. A letter from the Secretary, Federal Trade
Commission, transmitting the report to Congress for 1992
pursuant to the Federal Cigarette Labeling and Advertising
Act, pursuant to 15 U.S.C. 1337(b); to the Committee on
Energy and Commerce.
3526. A letter from the Secretary of Health and Human
Services, transmitting the report of the Interagency Task
Force on the Prevention of Lead Poisoning, pursuant to 42
U.S.C. 247b-3 et seq.; to the Committee on Energy and
Commerce.
3527. A letter from the Chief Staff Counsel, U.S. Court of
Appeals, District of Columbia Circuit, transmitting one
opinion of the U.S. Court of Appeals for the District of
Columbia Circuit; to the Committee on Energy and Commerce.
3528. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a copy of
Presidential Determination No. 94-31, authorizing the
furnishing of assistance from the Emergency Refugee and
Migration Assistance Fund for unexpected urgent needs of
Haitian migrants, pursuant to 22 U.S.C. 2601(c)(3); to the
Committee on Foreign Affairs.
3529. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting copies of the original
report of political contributions by Eileen A. Malloy, of
Connecticut, to be Ambassador to the Kyrgyz Republic, also by
Curtis Warren Kamman, of the District of Columbia, to be
Ambassador to the Republic of Bolivia, and members of their
families, pursuant to 22 U.S.C. 3944(b)(2); to the Committee
on Foreign Affairs.
3530. A letter from the Assistant Secretary for Land and
Minerals Management, Department of the Interior, transmitting
notice on leasing systems for the western Gulf of Mexico,
sale 150, scheduled to be held in August 1994, pursuant to 43
U.S.C. 1337(a)(8); to the Committee on Natural Resources.
Para. 76.3 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed bills of the following titles, in which the
concurrence of the House is requested:
S. 2182. An Act to authorize appropriations for fiscal year
1995 for military activities of the Department of Defense,
for military construction, and for defense programs of the
Department of Energy, to prescribe person-
[[Page 1219]]
nel strengths for such fiscal year for the Armed Forces, and
for other purposes;
S. 2206. An Act to revise and streamline the acquisition
laws of the Federal Government, and for other purposes;
S. 2207. An Act to revise, streamline, and reform the
acquisition laws of the Federal Government, and for other
purposes;
S. 2209. An Act to authorize appropriations for fiscal year
1995 for military construction, and for other purposes;
S. 2210. An Act to authorize appropriations for fiscal year
1995 for defense activities of the Department of Energy, and
for other purposes; and
S. 2211. An Act to authorize appropriations for fiscal year
1995 for military activities of the Department of Defense,
for military construction, and for defense activities of the
Department of Energy; to prescribe personnel strengths for
such fiscal year for the Armed Forces; to revise and
streamline the acquisition laws of the Federal Government;
and for other purposes.
Para. 76.4 california desert protection
The SPEAKER pro tempore, Mr. VISCLOSKY, pursuant to House Resolution
422 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the further consideration
of the bill (H.R. 518) to designate certain lands in the California
Desert as wilderness, to establish the Death Valley and Joshua Tree
National Parks and the Mojave National Monument, and for other purposes.
Mr. PETERSON of Florida, Chairman of the Committee of the Whole,
resumed the chair; and after some time spent therein,
Para. 76.5 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment, as modified, submitted by Mr.
TAUZIN:
At the end of the bill, add the following new section:
``SECTION 703. LAND APPRAISAL.
Lands and interests in lands acquired pursuant to this act
shall be appraised without regard to the presence of a
species listed as threatened or endangered pursuant to the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)''
It was decided in the
Yeas
281
<3-line {>
affirmative
Nays
148
Para. 76.6 [Roll No. 325]
AYES--281
Ackerman
Allard
Andrews (TX)
Applegate
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehner
Bonilla
Brewster
Brooks
Browder
Brown (OH)
Bryant
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cantwell
Castle
Chapman
Clement
Clinger
Coble
Coleman
Collins (GA)
Combest
Condit
Cooper
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Dicks
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
Everett
Ewing
Fazio
Fields (TX)
Fish
Flake
Fowler
Franks (CT)
Frost
Gallegly
Gekas
Gephardt
Geren
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Grams
Grandy
Green
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hilliard
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Johnson (CT)
Johnson (GA)
Johnson, Sam
Kaptur
Kasich
Kim
King
Kingston
Kleczka
Klein
Klink
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
LaRocco
Laughlin
Lazio
Leach
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lucas
Machtley
Manzullo
Margolies-Mezvinsky
Martinez
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Mollohan
Montgomery
Moorhead
Murphy
Murtha
Myers
Neal (NC)
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Pastor
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Rose
Roth
Roukema
Rowland
Royce
Sangmeister
Santorum
Sarpalius
Sawyer
Schaefer
Schiff
Sensenbrenner
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (IA)
Smith (MI)
Smith (OR)
Solomon
Spence
Spratt
Stearns
Stenholm
Strickland
Stump
Stupak
Sundquist
Swett
Swift
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thornton
Thurman
Torkildsen
Traficant
Upton
Valentine
Volkmer
Vucanovich
Walker
Walsh
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Young (AK)
Young (FL)
Zeliff
NOES--148
Abercrombie
Andrews (ME)
Andrews (NJ)
Bacchus (FL)
Barrett (WI)
Becerra
Beilenson
Berman
Blackwell
Boehlert
Bonior
Borski
Boucher
Brown (CA)
Brown (FL)
Byrne
Cardin
Clay
Clayton
Clyburn
Collins (IL)
Collins (MI)
Coppersmith
Coyne
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dingell
Dixon
Durbin
Edwards (CA)
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fawell
Fields (LA)
Filner
Fingerhut
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (NJ)
Furse
Gejdenson
Gibbons
Gilchrest
Gonzalez
Goss
Greenwood
Gutierrez
Hamburg
Hastings
Hinchey
Hoagland
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kennedy
Kennelly
Kildee
Klug
Kopetski
Lantos
Levin
Lewis (GA)
Lowey
Maloney
Mann
Manton
Markey
Matsui
McDermott
McKinney
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Moran
Morella
Nadler
Neal (MA)
Norton (DC)
Oberstar
Olver
Owens
Pallone
Payne (NJ)
Pelosi
Pickle
Porter
Rangel
Reynolds
Richardson
Ros-Lehtinen
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Saxton
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Skaggs
Slaughter
Smith (NJ)
Snowe
Stark
Stokes
Studds
Synar
Thompson
Torres
Torricelli
Towns
Tucker
Underwood (GU)
Unsoeld
Velazquez
Vento
Visclosky
Waters
Watt
Waxman
Weldon
Woolsey
Wyden
Wynn
Yates
Zimmer
NOT VOTING--10
Bishop
Carr
Conyers
Gallo
McCurdy
Obey
Romero-Barcelo (PR)
Slattery
Smith (TX)
Washington
So the amendment, as modifided, was agreed to.
After some further time,
The SPEAKER pro tempore, Mr. SWIFT, assumed the Chair.
When Mr. PETERSON of Florida, Chairman, reported that the Committee,
having had under consideration said bill, had come to no resolution
thereon.
Para. 76.7 providing for the consideration of h.r. 4600
Mr. DERRICK, by direction of the Committee on Rules, called up the
following resolution (H. Res. 467):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 4600) to amend the Congressional Budget and
Impoundment Control Act of 1974 to provide for the expedited
consideration of certain proposed rescissions of budget
authority. The first reading of the bill shall be dispensed
with. General debate shall be confined to the bill and the
amendments made in order by this resolution and shall not
exceed one hour, with thirty minutes to be equally divided
and controlled by the chairman and ranking minority member of
the Committee on Rules and thirty minutes to be equally
divided and controlled by the chairman and ranking minority
member of the Committee on Government Operations. After
general debate the bill shall be considered for amendment
under the five-minute rule and shall be considered as read.
No amendment shall be in order except those printed in the
report of the Committee on Rules accompanying this
resolution. Each amendment may be offered only in the order
printed in the report, may be offered only by a Member
designated in the report, shall be considered as read, shall
be debatable for the time specified in the report equally
divided and controlled by the proponent and an opponent,
shall not be subject to amendment except as specified in the
report, and shall not be subject to a demand for division of
the question in the House or in the Committee of the Whole.
All points of order against the amendments printed in the
report are waived. At the conclusion of consideration of the
bill for amendment the Committee shall rise and report the
bill to the House with such amendments as may have been
adopted. The previous question shall be considered as ordered
on the bill and amendments thereto to final passage without
intervening motion except one motion to recommit with or
without instructions.
[[Page 1220]]
When said resolution was considered.
After debate,
Mr. DERRICK moved the previous question on the resolution to its
adoption or rejection.
The question being put, viva voce,
Will the House now order the previous question?
The SPEAKER pro tempore, Mr. SWIFT, announced that the yeas had it.
Mr. DREIER objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
240
When there appeared
<3-line {>
Nays
185
Para. 76.8 [Roll No. 326]
YEAS--240
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Danner
Darden
de la Garza
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Washington
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--185
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cooper
Coppersmith
Cox
Crane
Crapo
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hamilton
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kanjorski
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Swett
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zimmer
NOT VOTING--9
Bishop
Carr
Gallo
McCurdy
Obey
Quillen
Slattery
Towns
Zeliff
So the previous question on the resolution was ordered.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. SWIFT, announced that the yeas had it.
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 76.9 expedited rescissions
The SPEAKER pro tempore, Mr. SWIFT, pursuant to House Resolution 467
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 4600) to amend the Congressional Budget and Impoundment Control
Act of 1974 to provide for the expedited consideration of certain
proposed rescissions of budget authority.
The SPEAKER pro tempore, Mr. SWIFT, by unanimous consent, designated
Mr. de la GARZA as Chairman of the Committee of the Whole; and after
some time spent therein,
Para. 76.10 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following substitute amendment submitted by Mr. SOLOMON
for the amendment in the nature of a substitute submitted by Mr.
STENHOLM:
Substitute amendment submitted by Mr. SOLOMON:
In lieu of the matter proposed to be inserted by the
amendment in the nature of a substitute by Mr. Stenholm,
insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``The Enhanced Rescission/
Receipts Act of 1994''.
SEC. 2. LEGISLATIVE LINE-ITEM VETO RESCISSION AUTHORITY.
(a) In General.--Notwithstanding the provisions of part B
of title X of the Congressional Budget and Impoundment
Control Act of 1974, and subject to the provisions of this
section, the President may rescind all or part of any
discretionary budget authority or veto any targeted tax
benefit within any revenue bill which is subject to the terms
of this Act if the President--
(1) determines that--
(A) such recession or veto would help reduce the Federal
budget deficit;
(B) such rescission or veto will not impair any essential
Government functions; and
(C) such rescission or veto will not harm the national
interest; and
(2) notifies the Congress of such rescission or veto by a
special message not later than twenty calendar days (not
including Saturdays, Sundays, or holidays) after the date of
enactment of a regular or supplemental appropriation act or a
joint resolution making continuing appropriations providing
such budget authority or a revenue bill containing a targeted
tax benefit.
The President shall submit a separate rescission message for
each appropriation bill and for each revenue bill under this
paragraph.
SEC. 3. RESCISSION EFFECTIVE UNLESS DISAPPROVED.
(a)(1) Any amount of budget authority rescinded under this
Act as set forth in a special message by the President shall
be deemed canceled unless, during the period described in
subsection (b), a rescission/receipts disapproval bill making
available all of the amount rescinded is enacted into law.
(2) Any provision of law vetoed under this Act as set forth in a
special message by the President shall be deemed repealed unless,
during the period described in subsection (b), a rescission/receipts
disapproval bill restoring that provision is enacted into law.
(b) The period referred to in subsection (a) is--
(1) a congressional review period of twenty calendar days
of session during which Congress must complete action on the
rescission/receipts disapproval bill and present such
[[Page 1221]]
bill to the President for approval or disapproval;
(2) after the period provided in paragraph (1), an
additional ten days (not including Sundays) during which the
President may exercise his authority to sign or veto the
rescission/receipts disapproval bill; and
(3) if the President vetoes the rescission/receipts
disapproval bill during the period provided in paragraph (2),
an additional five calendar days of session after the date of
the veto.
(c) If a special message is transmitted by the President
under this Act and the last session of the Congress adjourns
sine die before the expiration of the period described in
subsection (b), the rescission or veto, as the case may be,
shall not take effect. The message shall be deemed to have
been retransmitted on the first day of the succeeding
Congress and the review period referred to in subsection (b)
(with respect to such message) shall run beginning after such
first day.
SEC. 4. DEFINITIONS.
As used in this Act:
(1) The term ``rescission/receipts disapproval bill'' means
a bill or joint resolution which--
(A) only disapproves a rescission of budget authority, in
whole, rescinded, or
(B) only disapproves a veto of any provision of law that
would decrease receipts,
in a special message transmitted by the President under this
Act.
(2) The term ``calendar days of session'' shall mean only
those days on which both Houses of Congress are in session.
(3) The term ``targeted tax benefit'' means any provision
which has the practical effect of providing a benefit in the
form of a differential treatment to a particular taxpayer or
a limited class of taxpayers, whether or not such provision
is limited by its terms to a particular taxpayer or a class
of taxpayers. Such term does not include any benefit provided
to a class of taxpayers distinguished on the basis of general
demographic conditions such as income, number of dependents,
or marital status.
SEC. 5. CONGRESSIONAL CONSIDERATION OF LEGISLATIVE LINE ITEM
VETO RESCISSIONS.
(a) Presidential Special Message.--Whenever the President
rescinds any budget authority as provided in this Act or
vetoes any provision of law as provided in this Act, the
President shall transmit to both Houses of Congress a special
message specifying--
(1) the amount of budget authority rescinded or the
provision vetoed;
(2) any account, department, or establishment of the
Government to which such budget authority is available for
obligation, and the specific project or governmental
functions involved;
(3) the reasons and justifications for the determination to
rescind budget authority or veto any provision pursuant to
this Act;
(4) to the maximum extent practicable, the estimated
fiscal, economic, and budgetary effect of the rescission or
veto; and
(5) all factions, circumstances, and considerations
relating to or bearing upon the rescission or veto and the
decision to effect the rescission or veto, and to the maximum
extent practicable, the estimated effect of the rescission
upon the objects, purposes, and programs for which the budget
authority is provided.
(b) Transmission of Messages to House and Senate.--
(1) Each special message transmitted under this Act shall
be transmitted to the House of Representatives and the Senate
on the same day, and shall be delivered to the Clerk of the
House of Representatives if the House is not in session, and
to the Secretary of the Senate if the Senate is not in
session. Each special message so transmitted shall be
referred to the appropriate committees of the House of
Representatives and the Senate. Each such message shall be
printed as a document of each House.
(2) Any special message transmitted under this Act shall be
printed in the first issue of the Federal Register published
after such transmittal.
(c) Referral of Rescission/Receipts Disapproval Bills.--Any
rescission/receipts disapproval bill introduced with respect
to a special message shall be referred to the appropriate
committees of the House of Representatives or the Senate, as
the case may be.
(d) Consideration in the Senate.--
(1) Any rescission/receipts disapproval bill received in
the Senate from the House shall be considered in the Senate
pursuant to the provisions of this Act.
(2) Debate in the Senate on any rescission/receipts
disapproval bill and debatable motions and appeals in
connection therewith, shall be limited to not more than ten
hours. The time shall be equally divided between, and
controlled by, the majority leader and the minority leader on
their designees.
(3) Debate in the Senate on any debatable motions or appeal
in connection with such bill shall be limited to one hour, to
be equally divided between, and controlled by the mover and
the manager of the bill, except that in the event the manager
of the bill is in favor of any such motion or appeal, the
time in opposition thereto shall be controlled by the
minority leader or his designee. Such leaders, or either of
them, may, from the time under their control on the passage
of the bill, allot additional time to any Senator during the
consideration of any debatable motion or appeal.
(4) A motion to further limit debate is not debatable. A
motion to recommit (except a motion to recommit with
instructions to report back within a specified number of days
not to exceed one, not counting any day on which the Senate
is not in session) is not in order.
(e) Points of Order.--
(1) It shall not be in order in the Senate or the House of
Representatives to consider any rescission/receipts
disapproval bill that relates to any matter other than the
rescission of budget authority or veto of the provision of
law transmitted by the President under this Act.
(2) it shall not be in order in the Senate or the House of
Representatives to consider any amendment to a rescission/
receipts disapproval bill.
(3) Paragraphs (1) and (2) may be waived or suspended in
the Senate only by a vote of three-fifths of the members duly
chosen and sworn.
Amendment in the nature of a substitute submitted by Mr. STENHOLM:
Strike all after the enacting clause and insert the
following:
SECTION 1. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED
RESCISSIONS AND TARGETED TAX BENEFITS.
(a) In General.--Section 1012 of the Congressional Budget
and Impoundment Control Act of 1974 (2 U.S.C. 683) is amended
to read as follows:
``expedited consideration of certain proposed rescissions
Sec. 1012. (a) Proposed Rescission of Budget Authority or
Repeal of Targeted Tax Benefits.--The President may propose,
at the time and in the manner provided in subsection (b), the
rescission of any budget authority provided in an
appropriation Act or repeal of any targeted tax benefit
provided in any revenue Act. Funds made available for
obligation under this procedure may not be proposed for
rescission again under this section.
``(b) Transmittal of Special Message.--
(1) The President may transmit to Congress a special
message proposing to rescind amounts of budget authority or
to repeal any targeted tax benefit and include with that
special message a draft bill that, if enacted, would only
rescind that budget authority or repeal that targeted tax
benefit. That bill shall clearly identify the amount of
budget authority that is proposed to be rescinded for each
program, project, or activity to which that budget authority
relates or the targeted tax benefit proposed to be repealed,
as the case may be. It shall include a Deficit Reduction
Account. The President may place in the Deficit Reduction
Account an amount not to exceed the total rescissions in that
bill. A targeted tax benefit may only be proposed to be
repealed under this section during the 20-calendar-day period
(excluding Saturdays, Sundays, and legal holidays) commencing
on the day after the date of enactment of the provision
proposed to be repealed.
``(2) In the case of an appropriation Act that includes
accounts within the jurisdiction of more than one
subcommittee of the Committee on Appropriations, the
President in proposing to rescind budget authority under this
section shall send a separate special message and
accompanying draft bill for accounts within the jurisdiction
of each such subcommittee.
``(3) Each special message shall specify, with respect to
the budget authority proposed to be rescinded, the
following--
``(A) the amount of budget authority which he proposes to
be rescinded;
``(B) any account, department, or establishment of the
Government to which such budget authority is available for
obligation, and the specific project or governmental
functions involved;
``(C) the reasons why the budget authority should be
rescinded;
``(D) to the maximum extent practicable, the estimated
fiscal, economic, and budgetary effect (including the effect
on outlays and receipts in each fiscal year) of the proposed
rescission; and
``(E) all facts, circumstances, and considerations relating
to or bearing upon the proposed rescission and the decision
to effect the proposed rescission, and to the maximum extent
practicable, the estimated effect of the proposed rescission
upon the objects, purposes, and programs for which the budget
authority is provided.
Each special message shall specify, with respect to the
proposed repeal of targeted tax benefits, the information
required by subparagraphs (C), (D), and (E), as it relates to
the proposed repeal.
``(c) Procedures for Expedited Consideration.--
``(1)(A) Before the close of the second legislative day of
the House of Representatives after the date of receipt of a
special message transmitted to Congress under subsection (b),
the majority leader or minority leader of the House of
Representatives shall introduce (by request) the draft bill
accompanying that special message. If the bill is not
introduced as provided in the preceding sentence, then, on
the third legislative day of the House of Representatives
after the date of receipt of that special message, any Member
of that House may introduce the bill.
``(B) The bill shall be referred to the Committee on
Appropriations or the Committee on Ways and Means of the
House of Representatives, as applicable. The committee shall
report the bill without substantive revision and with or
without recommendation. The bill shall be reported not later
than the seventh legislative day of that House after
[[Page 1222]]
the date of receipt of that special message. If that
committee fails to report the bill within that period, that
committee shall be automatically discharged from
consideration of the bill, and the bill shall be placed on
the appropriate calendar.
``(C)(i) During consideration under this paragraph, any
Member of the House of Representatives may move to strike any
proposed rescission or rescissions of budget authority or any
proposed repeal of a targeted tax benefit, as applicable, if
supported by 49 other Members.
``(ii) It shall not be in order for a Member of the House
of Representatives to move to strike any proposed rescission
under clause (i) unless the amendment reduces the appropriate
Deficit Reduction Account if the program, project, or account
to which the proposed rescission applies was identified in
the Deficit Reduction Account in the special message under
subsection (b).
``(D) A vote on final passage of the bill shall be taken in
the House of Representatives on or before the close of the
10th legislative day of that House after the date of the
introduction of the bill in that House. If the bill is
passed, the Clerk of the House of Representatives shall cause
the bill to be engrossed, certified, and transmitted to the
Senate within one calendar day of the day on which the bill
is passed.
``(2)(A) A motion in the House of Representatives to
proceed to the consideration of a bill under this section
shall be highly privileged and not debatable. An amendment to
the motion shall not be in order, nor shall it be in order to
move to reconsider the vote by which the motion is agreed to
or disagreed to.
``(B) Debate in the House of Representatives on a bill
under this section shall not exceed 4 hours, which shall be
divided equally between those favoring and those opposing the
bill. A motion further to limit debate shall not be
debatable. It shall not be in order to move to recommit a
bill under this section or to move to reconsider the vote by
which the bill is agreed to or disagreed to.
``(C) Appeals from decisions of the Chair relating to the
application of the Rules of the House of Representatives to
the procedure relating to a bill under this section shall be
decided without debate.
``(D) Except to the extent specifically provided in the
preceding provisions of this subsection, consideration of a
bill under this section shall be governed by the Rules of the
House of Representatives. It shall not be in order in the
House of Representatives to consider any rescission bill
introduced pursuant to the provisions of this section under a
suspension of the rules or under a special rule.
``(3)(A) A bill transmitted to the Senate pursuant to
paragraph (1)(D) shall be referred to its Committee on
Appropriations or Committee on Finance, as applicable. That
committee shall report the bill without substantive revision
and with or without recommendation. The bill shall be
reported not later than the seventh legislative day of the
Senate after it receives the bill. A committee failing to
report the bill within such period shall be automatically
discharged from consideration of the bill, and the bill shall
be placed upon the appropriate calendar.
``(B)(i) During consideration under this paragraph, any
Member of the Senate may move to strike any proposed
rescission or rescissions of budget authority or any proposed
repeal of a targeted tax benefit, as applicable, if supported
by 14 other Members.
``(ii) It shall not be in order for a Member of the House
or Senate to move to strike any proposed rescission under
clause (i) unless the amendment reduces the appropriate
Deficit Reduction Account (pursuant to section 314) if the
program, project, or account to which the proposed rescission
applies was identified in the Deficit Reduction Account in
the special message under subsection (b).
``(4)(A) A motion in the Senate to proceed to the
consideration of a bill under this section shall be
privileged and not debatable. An amendment to the motion
shall not be in order, nor shall it be in order to move to
reconsider the vote by which the motion is agreed to or
disagreed to.
``(B) Debate in the Senate on a bill under this section,
and all debatable motions and appeals in connection therewith
(including debate pursuant to subparagraph (C)), shall not
exceed 10 hours. The time shall be equally divided between,
and controlled by, the majority leader and the minority
leader or their designees.
``(C) Debate in the Senate on any debatable motion or
appeal in connection with a bill under this section shall be
limited to not more than 1 hour, to be equally divided
between, and controlled by, the mover and the manager of the
bill, except that in the event the manager of the bill is in
favor of any such motion or appeal, the time in opposition
thereto, shall be controlled by the minority leader or his
designee. Such leaders, or either of them, may, from time
under their control on the passage of a bill, allot
additional time to any Senator during the consideration of
any debatable motion or appeal.
``(D) A motion in the Senate to further limit debate on a
bill under this section is not debatable. A motion to
recommit a bill under this section is not in order.
``(d) Amendments and Divisions Prohibited.--Except as
otherwise provided by this section, no amendment to a bill
considered under this section shall be in order in either the
House of Representatives or the Senate. It shall not be in
order to demand a division of the question in the House of
Representatives (or in a Committee of the Whole) or in the
Senate. No motion to suspend the application of this
subsection shall be in order in either House, nor shall it be
in order in either House to suspend the application of this
subsection by unanimous consent.
``(e) Requirement To Make Available for Obligation.--(1)
Any amount of budget authority proposed to be rescinded in a
special message transmitted to Congress under subsection (b)
shall be made available for obligation on the day after the
date on which either House rejects the bill transmitted with
that special message.
``(2) Any targeted tax benefit proposed to be repealed
under this section as set forth in a special message
transmitted to Congress under subsection (b) shall be deemed
repealed unless, during the period described in that
subsection, either House rejects the bill transmitted with
that special message.
``(f) Definitions.--For purposes of this section--
``(1) the term `appropriation Act' means any general or
special appropriation Act, and any Act or joint resolution
making supplemental, deficiency, or continuing
appropriations;
``(2) the term `legislative day' means, with respect to
either House of Congress, any day of session; and
``(3) The term ``targeted tax benefit'' means any provision
which has the practical effect of providing a benefit in the
form of a differential treatment to a particular taxpayer or
a limited class of taxpayers, whether or not such provision
is limited by its terms to a particular taxpayer or a class
of taxpayers. Such term does not include any benefit provided
to a class of taxpayers distinguished on the basis of general
demographic conditions such as income, number of dependents,
or marital status.''.
(b) Exercise of Rulemaking Powers.--Section 904 of the
Congressional Budget Act of 1974 (2 U.S.C. 621 note) is
amended--
(1) in subsection (a), by striking ``and 1017'' and
inserting ``1012, and 1017''; and
(2) in subsection (d), by striking ``section 1017'' and
inserting ``sections 1012 and 1017''.
(c) Conforming Amendments.--
(1) Section 1011 of the Congressional Budget Act of 1974 (2
U.S.C. 682(5)) is amended by repealing paragraphs (3) and (5)
and by redesignating paragraph (4) as paragraph (3).
(2) Section 1014 of such Act (2 U.S.C. 685) is amended--
(A) in subsection (b)(1), by striking ``or the
reservation''; and
(B) in subsection (e)(1), by striking ``or a reservation''
and by striking ``or each such reservation''.
(3) Section 1015(a) of such Act (2 U.S.C. 686) is amended
by striking ``is to establish a reserve or'', by striking
``the establishment of such a reserve or'', and by striking
``reserve or'' each other place it appears.
(4) Section 1017 of such Act (2 U.S.C. 687) is amended--
(A) in subsection (a), by striking ``rescission bill
introduced with respect to a special message or'';
(B) in subsection (b)(1), by striking ``rescission bill
or'', by striking ``bill or'' the second place it appears, by
striking ``rescission bill with respect to the same special
message or'', and by striking ``, and the case may be,'';
(C) in subsection (b)(2), by striking ``bill or'' each
place it appears;
(D) in subsection (c), by striking ``rescission'' each
place it appears and by striking ``bill or'' each place it
appears;
(E) in subsection (d)(1), by striking ``rescission bill
or'' and by striking ``, and all amendments thereto (in the
case of a rescission bill)'';
(F) in subsection (d)(2)--
(i) by striking the first sentence;
(ii) by amending the second sentence to read as follows:
``Debate on any debatable motion or appeal in connection with
an impoundment resolution shall be limited to 1 hour, to be
equally divided between, and controlled by, the mover and the
manager of the resolution, except that in the event that the
manager of the resolution is in favor of any such motion or
appeal, the time in opposition thereto shall be controlled by
the minority leader or his designee.'';
(iii) by striking the third sentence; and
(iv) in the fourth sentence, by striking ``rescission bill
or'' and by striking ``amendment, debatable motion,'' and by
inserting ``debatable motion'';
(G) in paragraph (d)(3), by striking the second and third
sentences; and
(H) by striking paragraphs (4), (5), (6), and (7) of
paragraph (d).
(d) Clerical Amendments.--The item relating to section 1012
in the table of sections for subpart B of title X of the
Congressional Budget and Impoundment Control Act of 1974 is
amended to read as follows:
``Sec. 1012. Expedited consideration of certain proposed rescissions
and targeted tax benefits.''.
It was decided in the
Yeas
205
<3-line {>
negative
Nays
218
Para. 76.11 [Roll No. 327]
AYES--205
Allard
Andrews (NJ)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cantwell
Castle
Clinger
Coble
[[Page 1223]]
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Cox
Crane
Crapo
Cunningham
Deal
DeLay
Deutsch
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fingerhut
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Holden
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Mann
Manzullo
Mazzoli
McCandless
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McKeon
McMillan
Meehan
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Moorhead
Morella
Myers
Nussle
Orton
Oxley
Packard
Pallone
Parker
Paxon
Penny
Peterson (MN)
Petri
Pombo
Porter
Portman
Poshard
Pryce (OH)
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schenk
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Swett
Talent
Tauzin
Taylor (NC)
Thomas (CA)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wilson
Wolf
Young (AK)
Young (FL)
Zimmer
NOES--218
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Barlow
Becerra
Beilenson
Bevill
Bilbray
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hilliard
Hinchey
Hoagland
Hochbrueckner
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
McCloskey
McDermott
McKinney
McNulty
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Olver
Ortiz
Owens
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pickle
Pomeroy
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Romero-Barcelo (PR)
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--16
Berman
Bishop
Carr
Faleomavaega (AS)
Fields (TX)
Ford (MI)
Gallo
Hefner
McCurdy
Obey
Quillen
Slattery
Thomas (WY)
Underwood (GU)
Washington
Zeliff
So the substitute amendment was not agreed to.
After some further time,
Para. 76.12 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the foregoing amendment in the nature of a substitute
submitted by Mr. STENHOLM.
It was decided in the
Yeas
298
<3-line {>
affirmative
Nays
121
Para. 76.13 [Roll No. 328]
AYES--298
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Browder
Bryant
Bunning
Buyer
Byrne
Callahan
Camp
Canady
Cantwell
Cardin
Castle
Chapman
Clement
Clinger
Coble
Coleman
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
English
Everett
Ewing
Fawell
Fingerhut
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Herger
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Johnston
Kaptur
Kasich
Kennedy
Kildee
Kim
King
Kingston
Kleczka
Klein
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lloyd
Long
Lucas
Machtley
Maloney
Mann
Manzullo
Margolies-Mezvinsky
Martinez
Mazzoli
McCandless
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McKeon
McMillan
Meehan
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Morella
Murphy
Myers
Neal (NC)
Nussle
Orton
Oxley
Packard
Pallone
Parker
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quinn
Ramstad
Ravenel
Regula
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Rowland
Royce
Sangmeister
Santorum
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Sensenbrenner
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Strickland
Stump
Stupak
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thornton
Thurman
Torkildsen
Torricelli
Upton
Valentine
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Weldon
Williams
Wilson
Wise
Wolf
Wyden
Wynn
Young (AK)
Young (FL)
Zimmer
NOES--121
Abercrombie
Ackerman
Applegate
Becerra
Beilenson
Bevill
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Clay
Clayton
Clyburn
Collins (IL)
Collins (MI)
Conyers
Coyne
de Lugo (VI)
DeLauro
Dellums
Derrick
Dingell
Dixon
Durbin
Edwards (CA)
Engel
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Flake
Foglietta
Frank (MA)
Gejdenson
Gephardt
Gibbons
Gonzalez
Hall (OH)
Hamburg
Hastings
Hilliard
Hinchey
Hoyer
Jefferson
Johnson, E. B.
Kanjorski
Kennelly
Klink
Kopetski
Lewis (GA)
Lipinski
Lowey
Manton
Markey
Matsui
McCloskey
McDermott
McKinney
McNulty
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Moran
Nadler
Neal (MA)
Norton (DC)
Oberstar
Olver
Ortiz
Owens
Pastor
Payne (NJ)
Pelosi
Pickle
Rahall
Rangel
Reed
Reynolds
Romero-Barcelo (PR)
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sarpalius
Sawyer
Scott
Serrano
Smith (IA)
Stark
Stokes
Studds
Swift
Synar
Tejeda
Thompson
Torres
Towns
[[Page 1224]]
Traficant
Tucker
Unsoeld
Velazquez
Vento
Waters
Watt
Waxman
Whitten
Woolsey
Yates
NOT VOTING--20
Berman
Burton
Calvert
Carr
Faleomavaega (AS)
Fields (TX)
Fish
Ford (MI)
Gallo
Hefner
McCurdy
Murtha
Obey
Quillen
Slattery
Thomas (WY)
Underwood (GU)
Washington
Wheat
Zeliff
So the amendment in the nature of a substitute was agreed to.
The SPEAKER pro tempore, Mr. SWIFT, resumed the Chair.
When Mr. de la GARZA, Chairman, pursuant to House Resolution 467,
reported the bill back to the House with an amendment adopted by the
Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED
RESCISSIONS AND TARGETED TAX BENEFITS.
(a) In General.--Section 1012 of the Congressional Budget
and Impoundment Control Act of 1974 (2 U.S.C. 683) is amended
to read as follows:
``expedited consideration of certain proposed rescissions
Sec. 1012. (a) Proposed Rescission of Budget Authority or
Repeal of Targeted Tax Benefits.--The President may propose,
at the time and in the manner provided in subsection (b), the
rescission of any budget authority provided in an
appropriation Act or repeal of any targeted tax benefit
provided in any revenue Act. Funds made available for
obligation under this procedure may not be proposed for
rescission again under this section.
``(b) Transmittal of Special Message.--
(1) The President may transmit to Congress a special
message proposing to rescind amounts of budget authority or
to repeal any targeted tax benefit and include with that
special message a draft bill that, if enacted, would only
rescind that budget authority or repeal that targeted tax
benefit. That bill shall clearly identify the amount of
budget authority that is proposed to be rescinded for each
program, project, or activity to which that budget authority
relates or the targeted tax benefit proposed to be repealed,
as the case may be. It shall include a Deficit Reduction
Account. The President may place in the Deficit Reduction
Account an amount not to exceed the total rescissions in that
bill. A targeted tax benefit may only be proposed to be
repealed under this section during the 20-calendar-day period
(excluding Saturdays, Sundays, and legal holidays) commencing
on the day after the date of enactment of the provision
proposed to be repealed.
``(2) In the case of an appropriation Act that includes
accounts within the jurisdiction of more than one
subcommittee of the Committee on Appropriations, the
President in proposing to rescind budget authority under this
section shall send a separate special message and
accompanying draft bill for accounts within the jurisdiction
of each such subcommittee.
``(3) Each special message shall specify, with respect to
the budget authority proposed to be rescinded, the
following--
``(A) the amount of budget authority which he proposes to
be rescinded;
``(B) any account, department, or establishment of the
Government to which such budget authority is available for
obligation, and the specific project or governmental
functions involved;
``(C) the reasons why the budget authority should be
rescinded;
``(D) to the maximum extent practicable, the estimated
fiscal, economic, and budgetary effect (including the effect
on outlays and receipts in each fiscal year) of the proposed
rescission; and
``(E) all facts, circumstances, and considerations relating
to or bearing upon the proposed rescission and the decision
to effect the proposed rescission, and to the maximum extent
practicable, the estimated effect of the proposed rescission
upon the objects, purposes, and programs for which the budget
authority is provided.
Each special message shall specify, with respect to the
proposed repeal of targeted tax benefits, the information
required by subparagraphs (C), (D), and (E), as it relates to
the proposed repeal.
``(c) Procedures for Expedited Consideration.--
``(1)(A) Before the close of the second legislative day of
the House of Representatives after the date of receipt of a
special message transmitted to Congress under subsection (b),
the majority leader or minority leader of the House of
Representatives shall introduce (by request) the draft bill
accompanying that special message. If the bill is not
introduced as provided in the preceding sentence, then, on
the third legislative day of the House of Representatives
after the date of receipt of that special message, any Member
of that House may introduce the bill.
``(B) The bill shall be referred to the Committee on
Appropriations or the Committee on Ways and Means of the
House of Representatives, as applicable. The committee shall
report the bill without substantive revision and with or
without recommendation. The bill shall be reported not later
than the seventh legislative day of that House after the date
of receipt of that special message. If that committee fails
to report the bill within that period, that committee shall
be automatically discharged from consideration of the bill,
and the bill shall be placed on the appropriate calendar.
``(C)(i) During consideration under this paragraph, any
Member of the House of Representatives may move to strike any
proposed rescission or rescissions of budget authority or any
proposed repeal of a targeted tax benefit, as applicable, if
supported by 49 other Members.
``(ii) It shall not be in order for a Member of the House
of Representatives to move to strike any proposed rescission
under clause (i) unless the amendment reduces the appropriate
Deficit Reduction Account if the program, project, or account
to which the proposed rescission applies was identified in
the Deficit Reduction Account in the special message under
subsection (b).
``(D) A vote on final passage of the bill shall be taken in
the House of Representatives on or before the close of the
10th legislative day of that House after the date of the
introduction of the bill in that House. If the bill is
passed, the Clerk of the House of Representatives shall cause
the bill to be engrossed, certified, and transmitted to the
Senate within one calendar day of the day on which the bill
is passed.
``(2)(A) A motion in the House of Representatives to
proceed to the consideration of a bill under this section
shall be highly privileged and not debatable. An amendment to
the motion shall not be in order, nor shall it be in order to
move to reconsider the vote by which the motion is agreed to
or disagreed to.
``(B) Debate in the House of Representatives on a bill
under this section shall not exceed 4 hours, which shall be
divided equally between those favoring and those opposing the
bill. A motion further to limit debate shall not be
debatable. It shall not be in order to move to recommit a
bill under this section or to move to reconsider the vote by
which the bill is agreed to or disagreed to.
``(C) Appeals from decisions of the Chair relating to the
application of the Rules of the House of Representatives to
the procedure relating to a bill under this section shall be
decided without debate.
``(D) Except to the extent specifically provided in the
preceding provisions of this subsection, consideration of a
bill under this section shall be governed by the Rules of the
House of Representatives. It shall not be in order in the
House of Representatives to consider any rescission bill
introduced pursuant to the provisions of this section under a
suspension of the rules or under a special rule.
``(3)(A) A bill transmitted to the Senate pursuant to
paragraph (1)(D) shall be referred to its Committee on
Appropriations or Committee on Finance, as applicable. That
committee shall report the bill without substantive revision
and with or without recommendation. The bill shall be
reported not later than the seventh legislative day of the
Senate after it receives the bill. A committee failing to
report the bill within such period shall be automatically
discharged from consideration of the bill, and the bill shall
be placed upon the appropriate calendar.
``(B)(i) During consideration under this paragraph, any
Member of the Senate may move to strike any proposed
rescission or rescissions of budget authority or any proposed
repeal of a targeted tax benefit, as applicable, if supported
by 14 other Members.
``(ii) It shall not be in order for a Member of the House
or Senate to move to strike any proposed rescission under
clause (i) unless the amendment reduces the appropriate
Deficit Reduction Account (pursuant to section 314) if the
program, project, or account to which the proposed rescission
applies was identified in the Deficit Reduction Account in
the special message under subsection (b).
``(4)(A) A motion in the Senate to proceed to the
consideration of a bill under this section shall be
privileged and not debatable. An amendment to the motion
shall not be in order, nor shall it be in order to move to
reconsider the vote by which the motion is agreed to or
disagreed to.
``(B) Debate in the Senate on a bill under this section,
and all debatable motions and appeals in connection therewith
(including debate pursuant to subparagraph (C)), shall not
exceed 10 hours. The time shall be equally divided between,
and controlled by, the majority leader and the minority
leader or their designees.
``(C) Debate in the Senate on any debatable motion or
appeal in connection with a bill under this section shall be
limited to not more than 1 hour, to be equally divided
between, and controlled by, the mover and the manager of the
bill, except that in the event the manager of the bill is in
favor of any such motion or appeal, the time in opposition
thereto, shall be controlled by the minority leader or his
designee. Such leaders, or either of them, may, from time
under their control on the passage of a bill, allot
additional time to any Senator during the consideration of
any debatable motion or appeal.
``(D) A motion in the Senate to further limit debate on a
bill under this section is not debatable. A motion to
recommit a bill under this section is not in order.
``(d) Amendments and Divisions Prohibited.--Except as
otherwise provided by this section, no amendment to a bill
considered under this section shall be in order in either
[[Page 1225]]
the House of Representatives or the Senate. It shall not be
in order to demand a division of the question in the House of
Representatives (or in a Committee of the Whole) or in the
Senate. No motion to suspend the application of this
subsection shall be in order in either House, nor shall it be
in order in either House to suspend the application of this
subsection by unanimous consent.
``(e) Requirement To Make Available for Obligation.--(1)
Any amount of budget authority proposed to be rescinded in a
special message transmitted to Congress under subsection (b)
shall be made available for obligation on the day after the
date on which either House rejects the bill transmitted with
that special message.
``(2) Any targeted tax benefit proposed to be repealed
under this section as set forth in a special message
transmitted to Congress under subsection (b) shall be deemed
repealed unless, during the period described in that
subsection, either House rejects the bill transmitted with
that special message.
``(f) Definitions.--For purposes of this section--
``(1) the term `appropriation Act' means any general or
special appropriation Act, and any Act or joint resolution
making supplemental, deficiency, or continuing
appropriations;
``(2) the term `legislative day' means, with respect to
either House of Congress, any day of session; and
``(3) The term ``targeted tax benefit'' means any provision
which has the practical effect of providing a benefit in the
form of a differential treatment to a particular taxpayer or
a limited class of taxpayers, whether or not such provision
is limited by its terms to a particular taxpayer or a class
of taxpayers. Such term does not include any benefit provided
to a class of taxpayers distinguished on the basis of general
demographic conditions such as income, number of dependents,
or marital status.''.
(b) Exercise of Rulemaking Powers.--Section 904 of the
Congressional Budget Act of 1974 (2 U.S.C. 621 note) is
amended--
(1) in subsection (a), by striking ``and 1017'' and
inserting ``1012, and 1017''; and
(2) in subsection (d), by striking ``section 1017'' and
inserting ``sections 1012 and 1017''.
(c) Conforming Amendments.--
(1) Section 1011 of the Congressional Budget Act of 1974 (2
U.S.C. 682(5)) is amended by repealing paragraphs (3) and (5)
and by redesignating paragraph (4) as paragraph (3).
(2) Section 1014 of such Act (2 U.S.C. 685) is amended--
(A) in subsection (b)(1), by striking ``or the
reservation''; and
(B) in subsection (e)(1), by striking ``or a reservation''
and by striking ``or each such reservation''.
(3) Section 1015(a) of such Act (2 U.S.C. 686) is amended
by striking ``is to establish a reserve or'', by striking
``the establishment of such a reserve or'', and by striking
``reserve or'' each other place it appears.
(4) Section 1017 of such Act (2 U.S.C. 687) is amended--
(A) in subsection (a), by striking ``rescission bill
introduced with respect to a special message or'';
(B) in subsection (b)(1), by striking ``rescission bill
or'', by striking ``bill or'' the second place it appears, by
striking ``rescission bill with respect to the same special
message or'', and by striking ``, and the case may be,'';
(C) in subsection (b)(2), by striking ``bill or'' each
place it appears;
(D) in subsection (c), by striking ``rescission'' each
place it appears and by striking ``bill or'' each place it
appears;
(E) in subsection (d)(1), by striking ``rescission bill
or'' and by striking ``, and all amendments thereto (in the
case of a rescission bill)'';
(F) in subsection (d)(2)--
(i) by striking the first sentence;
(ii) by amending the second sentence to read as follows:
``Debate on any debatable motion or appeal in connection with
an impoundment resolution shall be limited to 1 hour, to be
equally divided between, and controlled by, the mover and the
manager of the resolution, except that in the event that the
manager of the resolution is in favor of any such motion or
appeal, the time in opposition thereto shall be controlled by
the minority leader or his designee.'';
(iii) by striking the third sentence; and
(iv) in the fourth sentence, by striking ``rescission bill
or'' and by striking ``amendment, debatable motion,'' and by
inserting ``debatable motion'';
(G) in paragraph (d)(3), by striking the second and third
sentences; and
(H) by striking paragraphs (4), (5), (6), and (7) of
paragraph (d).
(d) Clerical Amendments.--The item relating to section 1012
in the table of sections for subpart B of title X of the
Congressional Budget and Impoundment Control Act of 1974 is
amended to read as follows:
``Sec. 1012. Expedited consideration of certain proposed rescissions
and targeted tax benefits.''.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. SWIFT, announced that the yeas had it.
Mr. GIBBONS demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
It was decided in the
Yeas
342
<3-line {>
affirmative
Nays
69
Para. 76.14 [Roll No. 329]
AYES--342
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (OH)
Bryant
Bunning
Buyer
Byrne
Callahan
Camp
Canady
Cantwell
Castle
Chapman
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
English
Eshoo
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fingerhut
Flake
Foglietta
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Herger
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kaptur
Kasich
Kennedy
Kildee
Kim
King
Kingston
Kleczka
Klein
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meehan
Meyers
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Moakley
Molinari
Montgomery
Moorhead
Morella
Murphy
Myers
Neal (MA)
Neal (NC)
Nussle
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quinn
Ramstad
Ravenel
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Rowland
Royce
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Sensenbrenner
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Torkildsen
Torricelli
Tucker
Upton
Valentine
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Weldon
Whitten
Williams
Wilson
Wise
Wolf
Wyden
Wynn
Young (AK)
Young (FL)
Zimmer
NOES--69
Abercrombie
Applegate
Becerra
Beilenson
Bevill
Borski
Brown (FL)
Clay
Clayton
Collins (IL)
Collins (MI)
Conyers
Dellums
Dixon
Edwards (CA)
Engel
Evans
Filner
Gephardt
Gibbons
Gonzalez
Hamburg
Hastings
Hilliard
Jefferson
Kanjorski
Kennelly
Klink
Kopetski
Lewis (GA)
Matsui
McDermott
McKinney
Meek
Menendez
Mfume
Mink
Mollohan
Moran
Nadler
Oberstar
Owens
Payne (NJ)
Pelosi
Rahall
Rangel
Reed
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Scott
Serrano
Smith (IA)
Stark
Swift
Synar
Torres
Towns
Traficant
Unsoeld
Velazquez
Vento
Waters
Watt
Waxman
Woolsey
Yates
[[Page 1226]]
NOT VOTING--23
Berman
Blackwell
Bonior
Burton
Calvert
Cardin
Carr
Fields (TX)
Fish
Ford (MI)
Ford (TN)
Fowler
Gallo
Hefner
McCurdy
Murtha
Obey
Quillen
Slattery
Thomas (WY)
Washington
Wheat
Zeliff
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 76.15 permission to file report
On motion of Mr. GONZALEZ, by unanimous consent, the Committee on
Banking, Finance and Urban Affairs was granted permission until
midnight, Friday, July 15, 1994, to file a report on the bill (H.R.
3838) to amend and extend certain laws relating to housing and community
development, and for other purposes.
Para. 76.16 providing for the consideration of h.r. 3937
Mr. GORDON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 474):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 3937) entitled the ``Export Administration Act
of 1994''. The first reading of the bill shall be dispensed
with. General debate shall be confined to the bill and the
amendments made in order by this resolution and shall not
exceed ninety minutes, with fifteen minutes equally divided
and controlled by the chairman and ranking member of the
Committee on Foreign Affairs, fifteen minutes equally divided
and controlled by the chairman and ranking minority member of
the Committee on Armed Services, fifteen minutes equally
divided and controlled by the chairman and ranking minority
member of the Committee on the Judiciary, fifteen minutes
equally divided and controlled by the chairman and ranking
minority member of the Committee on Public Works and
Transportation, fifteen minutes equally divided and
controlled by the chairman and ranking minority member of the
Committee on on Ways and Means, and fifteen minutes equally
divided and controlled by the chairman and ranking minority
member of the Permanent Select Committee on Intelligence.
After general debate the bill shall be considered for
amendment under the five-minute rule. In lieu of the
committee amendments now printed in the bill, it shall be in
order to consider as an original bill for the purpose of
amendment under the five-minute rule an amendment in the
nature of a substitute consisting of the text of H.R. 4663.
That amendment in the nature of a substitute shall be
considered by title rather than by section, and each title
shall be considered as read. All points of order against that
amendment in the nature of a substitute are waived. No
amendment directly or indirectly changing section
111(c)(2)(B)(iii), 111(d)(4)(F), 111(e)(3), or 226(b)(8) of
the amendment in the nature of a substitute made in order as
original text shall be in order. No amendment affecting the
subject of timber shall be in order. It shall be in order to
consider the amendments printed in the report of the
Committee on Rules accompanying this resolution only in the
order printed. Each amendment printed in the report may be
offered only by a Member designated in the report, shall be
considered as read, shall be debatable for the time specified
in the report equally divided and controlled by the proponent
and an opponent, shall not be subject to amendment, and shall
not be subject to a demand for division of the question in
the House or in the Committee of the Whole. All points of
order against the amendments printed in the report are
waived. If more than one of the amendments printed in the
report is adopted, only the last to be adopted shall be
considered as finally adopted and reported to the House.
Except as provided in section 2 of this resolution, no other
amendment (other than a further amendment in the nature of a
substitute) may directly or indirectly change a portion of
the amendment in the nature of a substitute made in order as
original text addressed by an amendment printed in the
report. Except as provided in section 3, no other amendment
to the amendment in the nature of a substitute made in order
as original text shall be in order unless printed in the
portion of the Congressional Record designated for that
purpose in clause 6 of rule XXIII before the commencement of
consideration of the bill. At the conclusion of consideration
of the bill for amendment the Committee shall rise and report
the bill to the House with such amendments as may have been
finally adopted. Any Member may demand a separate vote in the
House on any amendment finally adopted in the Committee of
the Whole to the bill or to the amendment in the nature of a
substitute made in order as original text. The previous
question shall be considered as ordered on the bill and
amendments thereto to final passage without intervening
motion except one motion to recommit with or without
instructions.
Sec. 2. It shall be in order immediately after the
disposition of the amendments printed in the report of the
Committee on Rules accompanying this resolution to consider
additional amendments directly or indirectly changing a
portion of the amendment in the nature of a substitute made
in order as original text addressed by an amendment printed
in the report of the Committee on Rules, if offered by a
Member designated jointly by the chairman and ranking
minority member of the Committee on Foreign Affairs and the
chairman and ranking minority member of the Committee on
Armed Services. All points of order against such additional
amendments are waived.
Sec. 3. It shall be in order at any time for the chairman
of the Committee on Foreign Affairs or a designee to offer
amendments en bloc consisting of amendments otherwise in
order to the amendment in the nature of a substitute made in
order as original text or germane modifications of any such
amendment. Amendments en bloc offered pursuant to this
section shall be considered as read (except that
modifications shall be reported), shall be debatable for ten
minutes equally divided and controlled by the chairman and
ranking minority member of the Committee on Foreign Affairs,
shall not be subject to amendment, and shall not be subject
to a demand for division of the question in the House or in
the committee of the Whole. For the purpose of inclusion in
such amendments en bloc, an amendment printed in the form of
a motion to strike may be modified to the form of a germane
perfecting amendment to the text originally proposed to be
stricken. All points of order against such amendments en bloc
are waived. The original proponent of an amendment included
in such amendments en bloc may insert a statement in the
Congressional Record immediately before the disposition of
the amendment en bloc.
When said resolution was considered.
After debate,
On motion of Mr. GORDON, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. HASTINGS, announced that the yeas had it.
Mr. DeFAZIO objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
188
When there appeared
<3-line {>
Nays
157
Para. 76.17 [Roll No. 330]
YEAS--188
Abercrombie
Ackerman
Andrews (NJ)
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Barrett (NE)
Bartlett
Bateman
Becerra
Beilenson
Bereuter
Bevill
Bilirakis
Bishop
Bonior
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Canady
Cantwell
Chapman
Clement
Collins (GA)
Combest
Cooper
Coppersmith
Cramer
Crapo
Darden
de la Garza
DeLay
Dellums
Derrick
Dicks
Dixon
Dunn
Edwards (CA)
Engel
Eshoo
Fawell
Fazio
Fields (LA)
Fingerhut
Flake
Ford (TN)
Frank (MA)
Franks (CT)
Frost
Gejdenson
Gephardt
Gibbons
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Gordon
Goss
Grams
Hamilton
Harman
Hastert
Hefley
Hoagland
Hobson
Hochbrueckner
Hoyer
Hunter
Hutto
Inglis
Inslee
Istook
Jacobs
Johnson (CT)
Johnson, E. B.
Johnston
Kasich
Kildee
Kingston
Klein
Kolbe
Kopetski
LaFalce
Lambert
Lantos
LaRocco
Laughlin
Leach
Lehman
Linder
Livingston
Long
Lowey
Lucas
Machtley
Mann
Manton
Manzullo
Markey
Matsui
Mazzoli
McDade
McDermott
McHugh
McNulty
Meehan
Mfume
Michel
Miller (FL)
Mineta
Moakley
Molinari
Mollohan
Montgomery
Morella
Myers
Neal (MA)
Neal (NC)
Nussle
Ortiz
Packard
Pallone
Pastor
Paxon
Peterson (FL)
Pickett
Pickle
Portman
Price (NC)
Pryce (OH)
Quinn
Reed
Regula
Reynolds
Roberts
Rogers
Rohrabacher
Rose
Roth
Rowland
Roybal-Allard
Royce
Sarpalius
Sawyer
Saxton
Schaefer
Schroeder
Schumer
Sensenbrenner
Serrano
Shaw
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Smith (TX)
Spence
Spratt
Stearns
Stokes
Sundquist
Swift
Talent
Tanner
Tejeda
Thornton
Towns
Traficant
Unsoeld
Velazquez
Visclosky
Watt
Weldon
Whitten
Wolf
Wyden
Wynn
Young (AK)
Zimmer
NAYS--157
Allard
Andrews (ME)
Archer
Baker (CA)
Ballenger
Barca
Barcia
Barlow
Barrett (WI)
Bilbray
Blackwell
Bliley
Blute
Boehner
Bonilla
Borski
Brown (OH)
Bryant
Bunning
Buyer
Byrne
Callahan
Camp
Castle
[[Page 1227]]
Clayton
Coble
Coleman
Collins (IL)
Condit
Cox
Coyne
Crane
Deal
DeFazio
DeLauro
Deutsch
Diaz-Balart
Dingell
Doolittle
Dornan
Dreier
Duncan
Durbin
Ehlers
Emerson
English
Evans
Ewing
Farr
Filner
Franks (NJ)
Furse
Gekas
Gilchrest
Gonzalez
Goodling
Grandy
Gunderson
Hall (TX)
Hamburg
Hancock
Hansen
Hastings
Hayes
Herger
Hinchey
Hoekstra
Hoke
Holden
Horn
Huffington
Hughes
Hyde
Johnson (SD)
Johnson, Sam
Kanjorski
Kaptur
Kennedy
Kennelly
Kim
King
Klink
Knollenberg
Kreidler
Lazio
Levin
Levy
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Maloney
Margolies-Mezvinsky
McCandless
McCloskey
McHale
McInnis
McKeon
McKinney
Meek
Menendez
Miller (CA)
Minge
Mink
Moorhead
Nadler
Oberstar
Olver
Orton
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (MN)
Pombo
Pomeroy
Porter
Poshard
Rahall
Ramstad
Rangel
Ravenel
Richardson
Roemer
Ros-Lehtinen
Roukema
Rush
Sanders
Santorum
Schenk
Scott
Shays
Shepherd
Snowe
Strickland
Stump
Stupak
Swett
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thurman
Torkildsen
Torres
Torricelli
Tucker
Upton
Vento
Vucanovich
Walker
Waters
Wheat
Williams
Wise
Woolsey
Yates
NOT VOTING--89
Andrews (TX)
Applegate
Baker (LA)
Barton
Bentley
Berman
Boehlert
Burton
Calvert
Cardin
Carr
Clay
Clinger
Clyburn
Collins (MI)
Conyers
Costello
Cunningham
Danner
Dickey
Dooley
Edwards (TX)
Everett
Fields (TX)
Fish
Foglietta
Ford (MI)
Fowler
Gallegly
Gallo
Geren
Green
Greenwood
Gutierrez
Hall (OH)
Hefner
Hilliard
Houghton
Hutchinson
Inhofe
Jefferson
Johnson (GA)
Kleczka
Klug
Kyl
Lancaster
Lewis (FL)
Lipinski
Lloyd
Martinez
McCollum
McCrery
McCurdy
McMillan
Meyers
Mica
Moran
Murphy
Murtha
Obey
Owens
Oxley
Parker
Petri
Quillen
Ridge
Rostenkowski
Sabo
Sangmeister
Schiff
Sharp
Slattery
Smith (MI)
Smith (OR)
Solomon
Stark
Stenholm
Studds
Synar
Thomas (WY)
Thompson
Valentine
Volkmer
Walsh
Washington
Waxman
Wilson
Young (FL)
Zeliff
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 76.18 order of business--submission of amendments--h.r. 3937
On motion of Mr. HAMILTON, by unanimous consent,
Ordered, That, notwithstanding any commencement of the consideration
of the bill (H.R. 3927) entitled the ``Export Administration Act of
1994'', Members may be permitted through the close of legislative
business today to submit amendments for printing in the portion of the
Congressional Record designated for that purpose in clause 6 of rule
XXIII, and that each amendment so printed be considered to meet the pre-
printing requirement of House Resolution 474.
Para. 76.19 adjournment over
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at
12:00 o'clock noon on Monday, July 18, 1994.
Para. 76.20 calendar wednesday business dispensed with
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, July
20, 1994, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
Para. 76.21 export administration
The SPEAKER pro tempore, Mr. HASTINGS, pursuant to House Resolution
474 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the consideration of the
bill (H.R. 3937) entitled the ``Export Administration Act of 1994''.
The SPEAKER pro tempore, Mr. HASTINGS, by unanimous consent,
designated Mr. SERRANO as Chairman of the Committee of the Whole; and
after some time spent therein,
The SPEAKER pro tempore, Mr. FROST, assumed the Chair.
When Mr. SERRANO, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
Para. 76.22 privileges of the house--return of bill to senate
Mr. RANGEL rose to a question of the privileges of the House and
submitted the following privileged resolution (H. Res. 479):
Resolved, That Senate amendment No. 104 to the bill H.R.
4539 making appropriations for the Treasury Department, the
United States Postal Service, the Executive Office of the
President, and certain Independent Agencies, for the fiscal
year ending September 30, 1995, and for other purposes, in
the opinion of this House, contravenes the first clause of
the seventh section of the first article of the Constitution
of the United States and is an infringement of the privileges
of this House and that such bill with the Senate amendments
thereto be respectfully returned to the Senate with a message
communicating this resolution.
The SPEAKER pro tempore, Mr. FROST, recognized Mr. RANGEL for one
hour.
When said resolution was considered.
After debate,
On motion of Mr. RANGEL, the previous question was ordered on the
resolution to its adoption or rejection, and under the operation
thereof, the resolution was agreed to.
A motion to reconsider the vote whereby the resolution was agreed to
was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 76.23 bills presented to the president
Mr. ROSE, from the Committee on House Administration, reported that
that committee did on the following date present to the President, for
his approval, bills of the House of the following titles:
On July 13, 1994:
H.R. 3567. An Act to amend the John F. Kennedy Center Act
to transfer operating responsibilities to the Board of
Trustees of the John F. Kennedy Center for the Performing
Arts, and for other purposes.
H.R. 4454. An Act making appropriations for the Legislative
Branch for the fiscal year ending September 30, 1995, and for
other purposes.
Para. 76.24 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. ZELIFF, for today after 3 p.m.; and
To Mr. FALEOMAVAEGA, for today after 5 p.m.
And then,
Para. 76.25 adjournment
On motion of Mr. HOEKSTRA, pursuant to the special order heretofore
agreed to, at 11 o'clock and 4 minutes p.m., the House adjourned until
12 o'clock noon, Monday, July 18, 1994.
Para. 76.26 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. MILLER of California: Committee on Natural Resources.
H.R. 1426. A bill to provide for the maintenance of dams
located on Indian lands by the Bureau of Indian Affairs or
through contracts with Indian tribes; with an amendment
(Rept. No. 103-600). Referred to the Committee of the Whole
House on the State of the Union.
Mr. GIBBONS: Committee on Ways and Means. H.R. 3600. A bill
to ensure individual and family security through health care
coverage for all Americans in a manner that contains the rate
of growth in health care costs and promotes responsible
health insurance practices, to promote choice in health care,
and to ensure and protect the health care of all Americans;
with an amendment (Rept. No. 103-601 Pt. 1). Ordered to be
printed.
Mr. MOAKLEY: Committee on Rules. H.R. 4604. A bill to
establish direct spending targets, and for other purposes
(Rept. No. 103-602 Pt. 1). Ordered to be printed.
Para. 76.27 reports of committees on private bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. BROOKS: Committee on the Judiciary. H.R. 810. A bill
for the relief of Elizabeth M. Hill (Rept. No. 103-603).
Referred to the Committee of the Whole House.
Mr. BROOKS: Committee on the Judiciary. H.R. 2194. A bill
for the relief of Merrill Lannen (Rept. No. 103-604).
Referred to the Committee of the Whole House.
Mr. BROOKS: Committee on the Judiciary. H.R. 2793. A bill
for the relief of Kris Murty
[[Page 1228]]
(Rept. No. 103-605). Referred to the Committee of the Whole
House.
Para. 76.28 reported bills sequentially referred
Under clause 5 of rule X, bills and reports were delivered to the
Clerk for printing, and bills referred as follows:
Mr. LaFALCE: Committee on Small Business. H.R. 4263. A bill
to promote the participation of small business enterprises,
including minority small businesses, in Federal procurement
and Government Contracts, and for other purposes, with an
amendment; referred to the Committee on Government Operations
for a period ending not later than August 5, 1994, for
consideration of such provisions contained in the bill and
amendment as fall within the jurisdiction of that committee
pursuant to clause 1(j), rule X (Rept. No. 103-606, Pt. 1).
Ordered to be printed.
Para. 76.29 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BROWN of Ohio (for himself and Mr. Studds):
H.R. 4755. A bill to provide for demonstration projects for
worksite health promotion programs; to the Committee on
Energy and Commerce.
By Mr. BROWN of Ohio:
H.R. 4756. A bill to amend title XVIII of the Social
Security Act to require the Secretary of Health and Human
Services to take into account the health of a primary
caregiver in determining whether an item of durable medical
equipment is considered medically necessary and appropriate
under part B of the Medicare Program; jointly, to the
Committees on Ways and Means and Energy and Commerce.
By Mr. MILLER of California (for himself, Mr.
Richardson, Mr. Inslee, Mr. Dicks, and Ms. Dunn):
H.R. 4757. A bill to provide for the settlement of the
claims of the Confederated Tribes of the Colville Reservation
concerning their contribution to the production of hydropower
by the Grand Coulee Dam, and for other purposes; to the
Committee on Natural Resources.
By Mr. FRANKS of New Jersey (for himself, Mr. Pallone,
and Mr. Flake):
H.R. 4758. A bill to strengthen and improve the Natural Gas
Pipeline Safety Act of 1968, and for other purposes; jointly,
to the Committees on Public Works and Transportation and
Energy and Commerce.
By Mr. SAWYER:
H.R. 4759. A bill to establish within the Department of
Energy a national Albert Einstein Distinguished Educator
Fellowship Program for outstanding elementary and secondary
mathematics and science teachers; to the Committee on
Science, Space, and Technology.
By Mr. STUDDS (for himself and Mr. Manton) (both by
request):
H.R. 4760. A bill to implement the Agreement to Promote
Compliance with International Conservation and Management
Measures by Fishing Vessels on the High Seas, adopted by the
Conference on the Food and Agriculture Organization of the
United Nations on November 24, 1993; to the Committee on
Merchant Marine and Fisheries.
By Mr. TEJEDA:
H.R. 4761. A bill to amend title 38, United States Code, to
authorize educational assistance for alternative teacher
certification programs, and for other purposes; to the
Committee on Veterans' Affairs.
By Mr. YOUNG of Alaska:
H.R. 4762. A bill to amend title 39, United States Code, to
require the Postal Service to accept a change-of-address
order from a commercial mail receiving agency and to forward
mail to the new address; to the Committee on Post Office and
Civil Service.
By Mr. CONYERS:
H.R. 4763. A bill to amend chapter 44 of title 18, United
States Code, to increase certain firearm license application
fees and require the immediate suspension of the license of a
firearm licensee upon conviction of a violation of that
chapter, and for other purposes; to the Committee on the
Judiciary.
By Mr. FRANKS of Connecticut:
H.R. 4764. A bill to provide for the payment of aid to
families with dependent children through the use of debit
cards; to the Committee on Ways and Means.
By Mr. HORN (for himself, Mr. Beilenson, Mr. Canady,
Mr. Condit, Mr. Gallegly, Mr. Pete Geren of Texas,
Mr. Kyl, Mr. Thomas of California, Mrs. Thurman, and
Ms. Woolsey):
H.R. 4765. A bill to provide for the negotiation of
bilateral prisoner transfer treaties with foreign countries
and to provide for the training in the United States of
border management personnel from foreign countries; jointly,
to the Committees on Foreign Affairs and the Judiciary.
By Mr. KANJORSKI (for himself, Mr. Ridge, Mr.
Traficant, Mr. Hinchey):
H.R. 4766. A bill to enhance the availability of credit to
businesses in order to foster economic growth and
stabilization and to create new employment opportunities in
communities facing economic distress, and for other purposes;
to Committee on Banking, Finance and Urban Affairs.
By Mr. MATSUI (for himself, Mr. Miller of California,
Mr. Becerra, Mrs. Clayton, Mr. Clyburn, Mr. Filner,
Mr. Frank of Massachusetts, Ms. Eddie Bernice Johnson
of Texas, Mr. Kopetski, Mr. McDermott, Ms. McKinney,
Mr. Mineta, Ms. Norton, Mr. Rahall, Mr. Rangel, Ms.
Roybal-Allard, Mr. Rush, Mr. Sabo, Ms. Velazquez, and
Mr. Waxman):
H.R. 4767. A bill to reform the welfare system; jointly, to
the Committees on Ways and Means; Education and Labor; Energy
and Commerce; Banking, Finance and Urban Affairs; Foreign
Affairs; Veterans' Affairs; and Agriculture.
By Mr. MONTGOMERY (for himself, Mr. Stump, and Mr.
Hutchinson):
H.R. 4768. A bill to amend title 38, United States Code, to
make changes in veterans' education programs, and for other
purposes; jointly, to the Committees on Veterans' Affairs and
Armed Services.
By Ms. SNOWE:
H.R. 4769. A bill to amend the Internal Revenue Code of
1986 to provide for the treatment of long-term care
insurance, and for other purposes; jointly, to the Committees
on Ways and Means and Energy and Commerce.
By Mr. TAUZIN:
H.R. 4770. A bill to require the Director of the U.S. Fish
and Wildlife Service to conduct a study to determine the
lands and waters comprising the LaBranche Wetlands in St.
Charles Parish, LA, and to acquire those lands and waters for
inclusion in the Bayou Sauvage Urban National Wildlife
Refuge; to the Committee on Merchant Marine and Fisheries.
By Mr. TOWNS (for himself, Mr. Conyers, Mr. Moran, Mr.
Barrett of Wisconsin, and Mr. Payne of New Jersey):
H.R. 4771. A bill to strengthen the partnership between the
Federal Government and State, local, and tribal governments,
to end the imposition, in the absence of full consideration
by Congress, of Federal mandates on State, local, and tribal
governments without adequate funding, in a manner that may
displace other essential governmental priorities, to better
assess both costs and benefits of Federal legislation and
regulations on State, local, and tribal governments, and for
other purposes; jointly, to the Committees on Rules and
Government Operations.
By Mr. TRAFICANT (for himself, Mr. Lancaster, and Mrs.
Clayton):
H.R. 4772. A bill to designate the Federal building and
U.S. courthouse located at 215 South Evans Street in
Greenville, NC, as the ``Walter B. Jones Federal Building and
United States Courthouse''; to the Committee on Public Works
and Transportation.
By Mr. WALKER:
H.R. 4773. A bill to eliminate the exemption for the
payment by Amtrak of certain costs relating to pedestrian
bridges over Amtrak rights-of-way; to the Committee on Energy
and Commerce.
By Ms. KAPTUR:
H.J. Res. 388. Joint resolution recognizing the
anniversaries of the Warsaw uprising and the Polish
resistance to the invasion of Poland during World War II; to
the Committee on Foreign Affairs.
By Mr. KENNEDY (for himself, Mr. Andrews of New Jersey,
Mr. Bacchus of Florida, Mr. Bateman, Mr. Bilbray, Mr.
Barrett of Wisconsin, Mr. Bilirakis, Ms. Brown of
Florida, Mrs. Byrne, Mr. Clay, Mrs. Clayton, Mrs.
Collins of Illinois, Mr. Cooper, Mr. Cramer, Mr.
DeFazio, Mr. de Lugo, Mr. Dingell, Mr. Emerson, Mr.
Engel, Mr. Evans, Mr. Filner, Mr. Fingerhut, Mr.
Fish, Mr. Flake, Mr. Frank of Massachusetts, Mr.
Frost, Ms. Furse, Mr. Gonzalez, Mr. Gordon, Mr. Gene
Green of Texas, Mr. Hefner, Mr. Hinchey, Mr.
Hilliard, Mr. Hochbrueckner, Mr. Hughes, Mr. Hutto,
Mr. Jefferson, Ms. Eddie Bernice Johnson of Texas,
Mr. Johnson of South Dakota, Mrs. Kennelly, Mr.
Kleczka, Mr. Klein, Mr. LaFalce, Mr. Lancaster, Mr.
Lantos, Mr. Lewis of Georgia, Mr. Lipinski, Mr.
McCloskey, Mr. McDermott, Mr. McHale, Mr. McNulty,
Mrs. Meek of Florida, Mr. Mineta, Mr. Montgomery, Mr.
Moran, Mrs. Morella, Mr. Murtha, Mr. Neal of
Massachusetts, Ms. Norton, Mr. Orton, Mr. Parker, Mr.
Poshard, Mr. Price of North Carolina, Mr. Quillen,
Mr. Quinn, Mr. Rangel, Mr. Reed, Mr. Reynolds, Mr.
Richardson, Mr. Roemer, Mr. Rose, Mr. Saxton, Mr.
Sanders, Mr. Scott, Mr. Serrano, Mr. Stokes, Mrs.
Thurman, Mr. Towns, Ms. Velazquez, Mr. Vento, Mr.
Walsh, Ms. Waters, and Mr. Wynn):
H.J. Res. 389. Joint resolution to designate the second
Sunday in October of 1994 as ``National Children's Day''; to
the Committee on Post Office and Civil Service.
By Mr. YOUNG of Alaska:
H. Con. Res. 266. Concurrent resolution expressing the
sense of the Congress concerning the need to preserve the
traditional lifeways in certain Alaska Native villages; to
the Committee on Natural Resources.
By Mr. BROWN of Ohio:
H. Res. 478. Resolution to recognize Mennonite Mutual Aid;
jointly, to the Committees on Energy and Commerce and Ways
and Means.
By Mr. RANGEL:
H. Res. 479. Resolution returning to the Senate the Senate
amendments to the bill H.R. 4539; considered and agreed to.
By Mr. DeLAY (for himself, Mr. Baker of California, Mr.
Bartlett of Mary-
[[Page 1229]]
land, Mr. Boehner, Mr. Doolittle, Ms. Dunn, Mr.
Ewing, Mr. Hefley, Mr. Hutchinson, Mr. Kingston, Mr.
Lucas, Mr. Rohrabacher, and Mr. Solomon):
H. Res. 4800. Resolution establishing July 10, 1994, as
``Cost of Government Day''; to the Committee on Post Office
and Civil Service.
By Mr. DOOLITTLE (for himself, Mr. Smith of New Jersey,
Mr. McInnis, Mr. Barrett of Nebraska, Mr. Smith of
Oregon, Mr. Saxton, Mr. Wolf, Mr. Sundquist, Mr.
Solomon, Mr. Crapo, Mr. Bilirakis, Mr. Duncan, Mr.
Hefley, Mr. Livingston, Mr. Stump, Mr. Rohrabacher,
Mr. Crane, Mr. Ballenger, Mr. Stearns, Mr. Linder,
Mr. Bachus of Alabama, Mr. Ewing, Mr. Blute, Mr.
Goodlatte, Mr. Bateman, Mr. Buyer, Mr. Grams, Mr.
Miller of Florida, Mr. Inglis of South Carolina, Mr.
DeLay, Mr. Kim, Mr. Bliley, and Mr. McKeon):
H. Res. 481. Resolution expressing the sense of the House
regarding the case of United States versus Knox; to the
Committee on the Judiciary.
Para. 76.30 private bills and resolutions
Under clause 1 of rule XXII, private bills and resolutions were
introduced and severally referred as follows:
By Mr. BONIOR:
H.R. 4774. A bill to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
for the vessel Gibraltar; to the Committee on Merchant Marine
and Fisheries.
By Mr. UNDERWOOD:
H.R. 4775. A bill for the relief of Vincente Babauta Jesus
and Rita Rios Jesus; to the Committee on the Judiciary.
Para. 76.31 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 22: Mr. Brown of Ohio.
H.R. 35: Mrs. Schroeder.
H.R. 84: Mr. Cramer.
H.R. 127: Mr. Hefner, Mr. Traficant, Mr. Dicks, Mr.
Lancaster, Mr. Gunderson, Ms. Lambert, Mr. Inhofe, Mr.
Barrett of Nebraska, and Mr. Kildee.
H.R. 146: Mr. Kim and Mr. Inhofe.
H.R. 157: Mr. Holden.
H.R. 417: Mr. Condit, Mr. Holden, Mr. Stearns, Mr. Dicks,
Mr. Franks of New Jersey, Mr. Hunter, Mr. Talent, Mr.
Sarpalius, Mrs. Byrne, Mr. Stump, Mr. Zimmer, Mr. McKeon, and
Mr. Traficant.
H.R. 930: Mr. Olver.
H.R. 1127: Mr. Kingston.
H.R. 1128: Mr. Kingston.
H.R. 1277: Mr. Fields of Texas.
H.R. 1289: Mr. Torres and Mr. Klug.
H.R. 1293: Mr. Glickman.
H.R. 1330: Mr. Lucas, Mr. McCurdy, and Mr. Hoke.
H.R. 1737: Mr. Gilman.
H.R. 1767: Mr. Hughes and Mr. Weldon.
H.R. 1823: Mr. Neal of North Carolina.
H.R. 1843: Mr. Young of Florida.
H.R. 1928: Mr. Dornan and Mr. Armey.
H.R. 2424: Mrs. Morella.
H.R. 2513: Mrs. Byrne.
H.R. 2741: Ms. Velazquez.
H.R. 2745: Mr. Hoagland.
H.R. 2866: Mr. Neal of North Carolina and Mr. Strickland.
H.R. 2919: Mr. Wynn.
H.R. 2929: Mr. Goodling.
H.R. 2959: Mr. Greenwood and Mr. Kolbe.
H.R. 2967: Ms. Eddie Bernice Johnson of Texas.
H.R. 2995: Mr. Hall of Ohio.
H.R. 3224: Mr. Frost, Mr. Hansen, Mr. Kim, Mr. Kyl, Mr.
Lewis of California, Mr. Lipinski, Mr. McInnis, and Mr.
Schiff.
H.R. 3251: Mr. Ballenger, Mr. Ewing, Mr. Moran, Mrs.
Vucanovich, Mr. Pete Geren of Texas, Mr. Kyl, and Mr. Schiff.
H.R. 3288: Mr. Crane.
H.R. 3440: Mr. Frost, Mr. Hansen, Mr. Kyl, Mr. Lipinski,
Mr. McInnis, Mr. Schiff, and Mr. Stump.
H.R. 3458: Mr. Rohrabacher and Mr. Barrett of Wisconsin.
H.R. 3491: Mrs. Meyers of Kansas.
H.R. 3523: Mr. Packard, Mr. Canady, and Mr. Levy.
H.R. 3546: Mr. Rogers, Mr. Scott, and Mr. Deal.
H.R. 3658: Mr. Mineta and Mr. Royce.
H.R. 3820: Ms. Velazquez.
H.R. 3830: Ms. Furse and Mr. Hoagland.
H.R. 3875: Mr. Kolbe, Mr. Huffington, Mr. Bilirakis, Mr.
Hastings, and Mr. Volkmer.
H.R. 3926: Mr. Engel.
H.R. 3932: Mr. Kreidler.
H.R. 3971: Mr. Fields of Texas and Mr. Sundquist.
H.R. 3973: Mr. Valentine and Mr. Machtley.
H.R. 4000: Mr. Paxon, Ms. Molinari, Mr. Baker of Louisiana,
and Mr. Portman.
H.R. 4040: Mrs. Kennelly, Mr. Reynolds, and Mrs. Clayton.
H.R. 4050: Mr. Neal of North Carolina.
H.R. 4138: Mr. Watt and Mr. Valentine.
H.R. 4142: Mr. Gejdenson, Mr. Dingell, Mr. Lipinski, Mr.
Frost, Mr. McKeon, Mr. Sangmeister, Mr. Hughes, Mr. Cardin,
Mr. Machtley, Mr. Calvert, Mr. Brown of California, Mr. Kyl,
and Mr. Levy.
H.R. 4163: Mr. Zeliff and Mr. Faleomavaega.
H.R. 4251: Mr. Neal of North Carolina.
H.R. 4257: Mr. Smith of New Jersey.
H.R. 4303: Mr. Kopetski, Ms. Dunn, Mr. Mann, Mr. Sisisky,
and Mr. McDermott.
H.R. 4315: Mr. Washington.
H.R. 4371: Mr. Frank of Massachusetts and Mr. Upton.
H.R. 4475: Mrs. Lloyd.
H.R. 4481: Mr. Beilenson.
H.R. 4527: Mr. Calvert, Mr. Wilson, and Mr. Levy.
H.R. 4528: Mr. Moran.
H.R. 4570: Mr. Filner, Mr. Olver, Mr. Dellums, Mr. Andrews
of Maine, Mr. Murtha, Mr. Johnston of Florida, Mr. Frost, Mr.
Abercrombie, and Mr. Yates.
H.R. 4589: Mr. Klink.
H.R. 4592: Mr. Dornan, Mr. Manzullo, and Mr. Young of
Alaska.
H.R. 4643: Mr. Edwards of Texas.
H.R. 4657: Mr. Andrews of New Jersey and Mr. Pombo.
H.R. 4699: Mr. Underwood, Mr. Washington, Mr. Synar, and
Mr. Richardson.
H.J. Res. 160: Mr. Dornan.
H.J. Res. 199: Mr. Studds, Ms. Shepherd, Mr. Pallone, Mr.
Hoekstra, Mr. Filner, Mr. Visclosky, and Ms. Velazquez.
H.J. Res. 210: Mr. Dickey.
H.J. Res. 268: Mr. Wise, Mr. Deutsch, Mr. Yates, Mr.
McCloskey, Mr. Lancaster, Mr. Klein, Mr. Foglietta, and Mr.
Gibbons.
H.J. Res. 297: Ms. Lowey, Ms. Molinari, and Mr. Paxon.
H.J. Res. 337: Mr. Kleczka, Mr. Whitten, Mr. Sawyer, Mr.
Frost, Mr. Dellums, Mr. Spence, Mr. Brown of California, Mr.
Mazzoli, Mr. Duncan, Mr. Carr, Mrs. Bentley, Mr. Mollohan,
Mr. McCloskey, Mr. Smith of Oregon, Mr. Baesler, Mr.
Martinez, Mr. Weldon, Mr. Bunning, Mr. Bilirakis, Mr. Swett,
Mr. Pickle, Mr. Calvert, Mr. McCollum, Mr. Livingston, Mr.
Camp, Mr. Kasich, Mr. Smith of Texas, and Mr. Wolf.
H.J. Res. 358: Mr. Ravenel.
H.J. Res. 383: Mr. Borski and Mr. Hughes.
H.J. Res. 385: Mr. Cooper.
H. Con. Res. 20: Mr. Mineta.
H. Con. Res. 69: Mr. Wheat, Mr. Clyburn, Mr. Lehman, and
Mr. Klug.
H. Con. Res. 91: Mr. Strickland.
H. Con. Res. 148: Mr. Stokes.
H. Con. Res. 168: Mr. Royce and Mr. Kyl.
H. Con. Res. 173: Mr. Stupak, Mr. Synar, Mr. Hall of Texas,
Ms. Woolsey, Mr. Andrews of Maine, Mr. Stenholm, and Mr.
Coppersmith.
H. Con. Res. 228: Mr. Engel.
H. Con. Res. 235: Mr. Fish, Mr. Johnson of South Dakota,
and Mr. Kreidler.
H. Con. Res. 255: Mrs. Johnson of Connecticut, Mr.
Mollohan, and Mr. Clay.
Para. 76.32 petitions, etc.
Under clause 1 of rule XXII,
106. The SPEAKER presented a petition of the Washington
State Association of Counties, Olympia, WA, relative to the
``Passenger Vessel Development Act;'' which was referred to
the Committee on Merchant Marine and Fisheries.
.
MONDAY, JULY 18, 1994 (77)
Para. 77.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
MONTGOMERY, who laid before the House the following communication:
Washington, DC,
July 18, 1994.
I hereby designate the Honorable G.V. (Sonny) Montgomery to
act as Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Para. 77.2 approval of the journal
The SPEAKER pro tempore, Mr. MONTGOMERY, announced he had examined and
approved the Journal of the proceedings of Thursday, July 14, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 77.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3531. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-276, ``Motor
Vehicle Tinted Window Amendment Act of 1994,'' pursuant to
D.C. Code, section 1-233(c)(1); to the Committee on the
District of Columbia.
3532. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-277, ``Rental
Housing Act of 1985 Freezing Temperature Amendment Act of
1994,'' pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on the District of Columbia.
3533. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-278, ``HIV/
AIDS Services Grant Making Authority Act of 1994,'' pursuant
to D.C. Code, section 1-233(c)(1); to the Committee on the
District of Columbia.
3534. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-279, ``Soil
Erosion and Sedimentation Control Amendment Act of 1994,''
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on the District of Columbia.
3535. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-280,
``Statehood Commission Amendment Act of 1994,'' pursuant to
[[Page 1230]]
D.C. Code, section 1-233(c)(1); to the Committee on the
District of Columbia.
3536. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on Foreign Affairs.
3537. A letter from the Acting CEO, Resolution Trust
Corporation, transmitting the Corporation's Management Report
for the period ending December 31, 1993, pursuant to Public
Law 101-576, section 306(a) (104 Stat. 2854); to the
Committee on Government Operations.
3538. A letter from the Comptroller General, General
Accounting Office, transmitting the results of their audits
of the financial statements of the Resolution Trust
Corporation for the years ended December 31, 1993 and 1992,
pursuant to 31 U.S.C. 9106(a); jointly, to the Committees on
Government Operations and Banking, Finance and Urban Affairs.
And then,
Para. 77.4 adjournment
On motion of Mr. ROEMER, at 12 o'clock and 5 minutes p.m., the House
adjourned until 10:30 a.m., Tuesday, July 19, 1994.
Para. 77.5 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
[Pursuant to the order of the House on July 14, 1994, the following
report was filed on July 15, 1994]
Mr. GONZALEZ: Committee on Banking, Finance and Urban
Affairs. H.R. 3838. A bill to amend and extend certain laws
relating to housing and community development, and for other
purposes; with an amendment (Rept. No. 103-607). Referred to
the Committee of the Whole House on the State of the Union.
[Submitted July 18, 1994]
Mr. CLAY: Committee on Post Office and Civil Service. H.R.
512. A bill to amend chapter 87 of title 5, United States
Code, to provide that group life insurance benefits under
such chapter may, upon application, be paid out to an insured
individual who is terminally ill, and for other purposes;
with an amendment (Rept. No. 103-608). Referred to the
Committee of the Whole House on the State of the Union.
Para. 77.6 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. MONTGOMERY (for himself, Mr. Stump, and Mr.
Hutchinson):
H.R. 4776. A bill to amend title 38, United States Code, to
improve veterans' employment programs, and for other
purposes; to the Committee on Veterans' Affairs.
By Mr. BROOKS:
H.R. 4777. A bill to make technical improvements in the
United States Code by amending provisions to reflect the
current names of congressional committees; to the Committee
on the Judiciary.
H.R. 4778. A bill to codify without substantive change
recent laws related to transportation and to improve the
United States Code; to the Committee on the Judiciary.
Para. 77.7 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 1031: Ms. Schenk.
H.R. 1277: Mr. Swift.
H.R. 3486: Mr. LaRocco.
H.R. 3769: Mr. Blackwell.
H.R. 3966: Mr. Neal of North Carolina.
H.R. 3967: Mr. Berman, Mr. Pombo, Mr. Gallegly, Mr.
Calvert, and Mr. McInnis.
H.R. 4124: Mr. Williams.
H.R. 4396: Mr. Hoagland, Mr. Dixon, Mr. Romero-Barcelo, Mr.
Thompson, and Mr. Emerson.
H.R. 4589: Mr. Royce, Mr. Cox, and Mr. Dreier.
H.R. 4721: Mr. Pombo, Mr. Hansen, and Mr. Edwards of
California.
H.J. Res. 297: Mr. Sanders and Ms. Cantwell.
H.J. Res. 326: Mr. Hughes.
H. Res. 270: Mr. McMillan.
Para. 77.8 petitions, etc.
Under clause 1 of rule XXII, petitions and papers were laid on the
Clerk's desk and referred as follows:
107. By the SPEAKER: Petition of the National Association
of Attorneys General, Washington, DC, relative to rent-to-own
transactions; to the Committee on Banking, Finance and Urban
Affairs.
108. Also, petition of the National Association of
Attorneys General, Washington, DC, relative to domestic
violence and unfair insurance practices; to the Committee on
Energy and Commerce.
109. Also, petition of the New Jersey State Federation of
Women's Clubs, Mantua, NJ, relative to gun control laws; to
the Committee on the Judiciary.
110. Also, petition of the National Association of
Attorneys General, Washington, DC, relative to the so-called
Racial Justice Act; to the Committee on the Judiciary.
111. Also, petition of the National Association of
Attorneys General, Washington, DC, relative to occupancy
standards under the Fair Housing Act; to the Committee on the
Judiciary.
112. Also, petition of the National Association of
Attorneys General, Washington, DC, relative to Federal
taxation of gaming; to the Committee on Ways and Means.
113. Also, petition of the National Association of
Attorneys General, Washington, DC, relative to expanding the
jurisdiction of State Medicaid fraud control units; jointly,
to the Committees on Energy and Commerce and the Judiciary.
114. Also, petition of the National Association of
Attorneys General, Washington, DC, relative to the National
Institute for the Environment; jointly, to the Committees on
Energy and Commerce, Public Works and Transportation, and
Merchant Marine and Fisheries.
.
TUESDAY, JULY 19, 1994 (78)
Para. 78.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. GEREN,
at 10:30 a.m., who laid before the House the following communication:
Washington, DC,
July 19, 1994.
I hereby designate the Honorable Pete Geren to act as
Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Whereupon, pursuant to the order of the House of Friday, February 11,
1994, and Friday, June 10, 1994, Members were recognized for ``morning
hour'' debates.
Para. 78.2 recess--10:54 a.m.
The SPEAKER pro tempore, Mr. GEREN, pursuant to clause 12 of rule I,
declared the House in recess at 10 o'clock and 54 minutes a.m. until 12
o'clock noon.
Para. 78.3 after recess--12:00 noon
The SPEAKER called the House to order.
Para. 78.4 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Monday, July 18, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 78.5 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3539. A letter from the Director, Office of Management and
Budget, transmitting a report on revised estimates of the
budget receipts, outlays, and budget authority for fiscal
years 1994-1999, pursuant to 31 U.S.C. 1106; to the Committee
on Appropriations.
3540. A letter from the Auditor, District of Columbia,
transmitting a copy of a report entitled, ``Examination of
D.C. Housing Finance Agency's Expenditures for FY 1989
through FY 1992,'' pursuant to D.C. Code, section 47-117(d);
to the Committee on the District of Columbia.
3541. A letter from the Chief Staff Counsel, U.S. Court of
Appeals for the District of Columbia Circuit, transmitting
one opinion of the U.S. Court of Appeals for the District of
Columbia Circuit; to the Committee on the District of
Columbia.
3542. A letter from the Assistant Secretary (Office of
Policy), Department of Energy, transmitting the Department's
report entitled, ``Costs and Benefits of Industrial Reporting
and Voluntary Targets for Energy Efficiency,'' pursuant to
Public Law 102-486, section 131(c) (106 Stat. 2837); to the
Committee on Energy and Commerce.
3543. A letter from the Administrator, Federal Railroad
Administration, transmitting the administration's report
entitled, ``Railroad Communications and Train Control''; to
the Committee on Energy and Commerce.
3544. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification that
the President proposes to exercise his authority under
section 610(a) of the Foreign Assistance Act, as amended (the
``Act''), to authorize that $3,812 million of funds made
available for section 23 of the Arms Export Control Act for
fiscal year 1994 be transferred to, and consolidated with,
funds made available for Peacekeeping Operations [PKO] under
section 551 of the act, and exercise his authority under
section 614(a)(1) of the act to authorize the furnishing of
$4,312 million in fiscal year 1994 PKO funds to provide
assistance for sanctions enforcement against Serbia and
Montenegro without regard to provisions of law within the
scope of that section, including section 660 of the act,
pursuant to 22 U.S.C. 2364(a)(2); to the Committee on Foreign
Affairs.
3545. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of
the termination of the designation as a danger pay location
for all areas in Colombia, however, because
[[Page 1231]]
some political violence remains in Bogata, the Post
(Hardship) Differential was increased by a modest amount,
pursuant to 5 U.S.C. 5928; to the Committee on Foreign
Affairs.
3546. A letter from the Vice President, Farm Credit Bank of
Springfield, transmitting the annual report of the group
retirement plan for the Agricultural Credit Associations and
the Farm Credit Banks in the First Farm Credit District,
pursuant to 31 U.S.C. 9503(a)(1)(B); to the Committee on
Government Operations.
3547. A letter from the Secretary of Transportation,
transmitting the Department's annual report entitled,
``Collision Avoidance Systems'' for fiscal year 1993,
pursuant to Public Law 100-223, section 203(b) (101 Stat.
1518); to the Committee on Public Works and Transportation.
3548. A letter from the Secretary, Department of Energy,
transmitting the 17th annual report on activities under the
Electric and Hybrid Vehicle Research, Development, and
Demonstration Act of 1976, pursuant to 15 U.S.C. 2513; to the
Committee on Science, Space, and Technology.
3549. A letter from the Secretary of Transportation,
transmitting a draft of proposed legislation entitled, the
``Coast Guard Omnibus Act of 1994''; jointly, to the
Committees on Merchant Marine and Fisheries, Armed Services,
and Education and Labor.
Para. 78.6 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment bills of the
House of the following titles:
H.R. 572. An Act for the relief of Melissa Johnson;
H.R. 1346. An Act to designate the Federal building located
on St. Croix, Virgin Islands, as the ``Almeric L. Christian
Federal Building'';
H.R. 2532. An Act to designate the Federal building and
United States courthouse in Lubbock, Texas, as the ``George
H. Mahon Federal Building and United States Courthouse'';
H.R. 3770. An Act to designate the United States courthouse
located at 940 Front Street in San Diego, California, and the
Federal building attached to the courthouse as the ``Edward
J. Schwartz Courthouse and Federal Building''; and
H.R. 3840. An Act to designate the Federal building and
United States courthouse located at 100 East Houston Street
in Marshall, Texas, as the ``Sam B. Hall, Jr. Federal
Building and United States Courthouse.''
The message also announced that the Senate had passed with amendments
in which the concurrence of the House is requested, bills of the House
of the following titles:
H.R. 4429. An Act to authorize the transfer of naval
vessels to certain foreign countries;
H.R. 4539. An Act making appropriations for the Treasury
Department, the United States Postal Service, the Executive
Office of the President, and certain Independent Agencies,
for the fiscal year ending September 30, 1995, and for other
purposes; and
H.R. 4453. An Act making appropriations for military
construction for the Department of Defense for the fiscal
year ending September 30, 1995, and for other purposes.
The message also announced that the Senate insisted upon its
amendments to the bill (H.R. 4539) ``An Act making appropriations for
the Treasury Department, the United States Postal Service, the
Executive Office of the President, and certain Independent Agencies,
for the fiscal year ending September 30, 1994, and for other
purposes,'' requested a conference with the House on the disagreeing
votes of the two Houses thereon, and that Mr. DeConcini, Ms. Mikulski,
Mr. Kerrey, Mr. Byrd, Mr. Bond, Mr. D'Amato, and Mr. Hatfield, be the
conferees on the part of the Senate.
The message also announced that the Senate insisted upon its
amendments to the bill (H.R. 4453) ``An Act making appropriations for
military construction for the Department of Defense for the fiscal
ending September 30, 1995, and for other purposes,'' requested a
conference with the House on the disagreeing votes of the two Houses
thereon, and that Mr. Sasser, Mr. Inouye, Mr. Reid, Mr. Kohl, Mr. Byrd,
Mr. Gorton, Mr. Stevens, Mr. McConnell, and Mr. Hatfield, be the
conferees on the part of the Senate.
The message also announced that the Senate had passed a bill and a
joint resolution of the following titles, in which the concurrence of
the House is requested:
S. 1880. An Act to provide that the National Education
Commission on Time and Learning shall terminate on September
30, 1994; and
S.J. Res. 204. Joint resolution recognizing the American
Academy in Rome, an American overseas center for independent
study and advanced research, on the occasion of the 100th
anniversary of its founding.
Para. 78.7 private calendar
The SPEAKER directed the Private Calendar to be called.
When,
Para. 78.8 bills passed
The bills of the following titles were severally considered, read
twice, ordered to be engrossed and read a third time, were severally
read a third time by title, and passed:
H.R. 2266. A bill for the relief of Orlando Wayne Naraysingh.
H.R. 2411. A bill for the relief of Leteane Clement Monatsi.
Ordered, That the Clerk request the concurrence of the Senate in said
bills, severally.
The bill of the Senate of the following title was considered, read
twice, ordered to be read a third time, was read a third time by title,
and passed:
S. 537. An Act for the relief of Tania Gil Compton.
Ordered, That the Clerk notify the Senate thereof.
Para. 78.9 bills passed over
By unanimous consent, the bills of the following titles were severally
passed over without prejudice and retain their places on the Private
Calendar:
H.R. 1184. A bill for the relief of Jung Ja Golden.
H.R. 2084. A bill for the relief of Fanie Phily Mateo Angeles.
H.R. 3718. A bill for the relief of Mark A. Potts.
On motion of Mr. BOUCHER, by unanimous consent, further business under
clause 6, rule XXIV, the Private Calendar rule, was dispensed with.
Motions severally made to reconsider the votes whereby each bill on
the Private Calendar was disposed of today were, by unanimous consent,
laid on the table.
Para. 78.10 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
Para. 78.11 communication from the clerk--messages from the president
The SPEAKER laid before the House a communication, which was read as
follows:
Office of the Clerk,
House of Representatives,
Washington, DC, July 19, 1994.
Hon. Thomas S. Foley,
The Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, I have the honor to transmit two sealed
envelopes received from the White House received at 3:37 p.m.
on Monday, July 18, 1994 as follows:
(1) Said to contain a message from the President wherein he
submits a 6-month periodic report with respect to the
national emergency with Libya.
(2) Said to contain a message from the President whereby he
submits an agreement, with annex between the U.S.A. and
Lithuania extending the fishery agreement until December 31,
1996.
With great respect, I am
Sincerely yours,
Donnald K. Anderson,
Clerk, House of Representatives.
Para. 78.12 u.s. and lithuania fishery agreement
The Clerk then read the message from the President, as follows:
To the Congress of the United States:
In accordance with the Magnuson Fishery Conservation and Management
Act of 1976 (Public Law 94-265; 16 U.S.C. 1801 et seq.), I transmit
herewith an Agreement between the Government of the United States of
America and the Government of the Republic of Lithuania Extending the
Agreement of November 12, 1992, Concerning Fisheries off the Coasts of
the United States, with annex. The agreement, which was effected by an
exchange of notes at Vilnius, Lithuania on February 22, 1994, and May
11, 1994, extends the 1992 agreement to December 31, 1996. The exchange
of notes, together with the 1992 agreement, constitutes a governing
international fishery agreement within the requirements of section
201(c) of the Act.
In light of the importance of our fisheries relationship with the
Republic of Lithuania, I urge that the Congress give favorable
consideration to this agreement at an early date.
William J. Clinton.
The White House, July 18, 1994.
The message, together with the accompanying papers, was referred to
the
[[Page 1232]]
Committee on Merchant Marine and Fisheries and ordered to be printed (H.
Doc. 103-280).
Para. 78.13 national emergency with respect to libya
The Clerk then read the message from the President, as follows:
To the Congress of the United States:
I hereby report to the Congress on the developments since my last
report of February 10, 1994, concerning the national emergency with
respect to Libya that was declared in Executive Order No. 12543 of
January 7, 1986. This report is submitted pursuant to section 401(c) of
the National Emergencies Act, 50 U.S.C. 1641(c); section 204(c) of the
International Emergency Economic Powers Act [``IEEPA''], 50 U.S.C.
1703(c); and section 505(c) of the International Security and
Development Corporation Act of 1985, 22 U.S.C. 2349aa-9(c).
1. As previously reported, on December 2, 1993, I renewed for another
year the national emergency with respect to Libya pursuant to IEEPA.
This renewal extended the current comprehensive financial and trade
embargo against Libya in effect since 1986. Under these sanctions, all
trade with Libya is prohibited, and all assets owned or controlled by
the Libyan government in the United States or in the possession or
control of U.S. persons are blocked. In addition, I have instructed the
Secretary of Commerce to reinforce our current trade embargo against
Libya by prohibiting the re-export from foreign countries to Libya of
certain U.S.-origin products, including equipment for refining and
transporting oil, unless consistent with United Nations Security Council
Resolution 883.
2. There have been two amendments to the Libyan Sanctions Regulations,
31 C.F.R. Part 550 (the ``Regulations''), administered by the Office of
Foreign Assets Control [``FAC''] on the Department of the Treasury,
since my last report on February 10, 1994. The first amendment (59 Fed.
Reg. 5105, February 3, 1994) revoked section 550.516, a general license
that unblocked deposits in currencies other than U.S. dollars held by
U.S. persons abroad otherwise blocked under the Regulations. This
amendment is consistent with action by the United Nations Security
Council in Resolution 883 of November 11, 1993. The Security Council
determined in that resolution that the continued failure of the
Government of Libya [``GoL''] to demonstrate by concrete actions its
renunciation of terrorism, and in particular the GoL's continued failure
to respond fully and effectively to the requests and decisions of the
Security Council in Resolutions 731 and 748, concerning the bombing of
the Pan Am 103 and UTA 772 flights, constituted a threat to
international peace and security. Accordingly, Resolution 883 called
upon Member States, inter alia, to freeze certain GoL funds or other
financial resources in their territories, and to ensure that their
nationals did not make such funds or any other financial resources
available to the GoL or any Libyan undertaking as defined in the
resolution. In light of this resolution, FAC revoked section 550.516 to
eliminate a narrow exception that had existed to the comprehensive
blocking of GoL property required by Executive Order No. 12544 of
January 8, 1986 (3 C.F.R., 1986 Comp., p. 183), and by the Regulations.
A copy of the amendment is attached to this report.
On March 21, 1994, FAC amended the Regulations to add new entries to
appendices A and B (59 Fed. Reg. 13210). Appendix A (``Organizations
Determined to be Within the Term `Government of Libya' (Specially
Designated Nationals of Libya)'') is a list of organizations determined
by the Director of FAC to be within the definition of the term
``Government of Libya'' as set forth in section 550.304(a) of the
Regulations, because they are owned or controlled by, or act or purport
to act directly or indirectly on behalf of, the GoL. Appendix B
(``Individuals Determined to be Specially Designated Nationals of the
Government of Libya'') lists individuals determined by the Director of
FAC to be acting or purporting to act directly or indirectly on behalf
of the GoL, and thus to fall within the definition of the term
``Government of Libya'' in section 550.304(a).
Appendix A to part 550 was amended to provide public notice of the
designation of North Africa International Bank as a Specially Designated
National [``SDN''] of Libya. Appendix A was further amended to add new
entries for four banks previously listed in Appendix A under other
names. These banks are Banque Commerciale du Niger (formerly Banque
Arabe Libyenne Nigerienne pour le Commerce Exterieur et le
Developpement), Banque Commerciale du Sahel (formerly Banque Arabe
Libyenne Malienne pour le Commerce Exterieur et le Developpement),
Chinguetty Bank (formerly Banque Arabe Libyenne Mauritanienne pour le
Commerce Exterieur et le Developpement), and Societe Interaffricaine du
Banque (formerly Banque Arabe Libyenne Togolaise pour le Commerce
Exterieur). These banks remain listed in Appendix A under their former
names as well.
Appendix B to Part 550 was amended to provide public notice of three
individuals determined to be SDNs of the GoL: Seddigh Al Kabir, Mustafa
Saleh Gibril, and Farag Al Amin Shallouf. Each of these three
individuals is a Libyan national who occupies a central management
position in a Libyan SND financial institution.
All prohibitions in the Regulations pertaining to the GoL apply to
the entities and individuals identified in appendices A and B. All
unlicensed transactions with such entities or persons, or transactions
in which they have an interest, are prohibited unless otherwise
exempted or generally licensed in the Regulations. A copy of the
amendment is attached to this report.
3. During the current 6-month period, FAC made numerous decisions
with respect to applications for licenses to engage in transactions
under the Regulations, issuing 69 licensing determinations--both
approvals and denials. Consistent with FAC's ongoing scrutiny of
banking transactions, the largest category of license approvals (33)
concerned requests by non-Libyan persons or entities to unblock bank
accounts initially blocked because of an apparent GoL interest. The
largest category of denials (18) was for banking transactions in which
FAC found a GoL interest. Four licenses were issued authorizing
intellectual property protection in Libya.
4. During the current 6-month period, FAC continued to emphasize to
the international banking community in the United States the importance
of identifying and blocking payments made by or on behalf of Libya. The
FAC worked closely with the banks to implement new interdiction
software systems to identify such payments. As a result, during the
reporting period, more than 126 transactions involving Libya, totaling
more than $14.7 million, were blocked. Four of these transactions were
subsequently licensed to be released, leaving a net amount of more than
$12.7 million blocked.
Since my last report, FAC collected 15 civil monetary penalties
totaling nearly $144,000 for violations of the U.S. sanctions against
Libya. Twelve of the violations involved the failure of banks to block
funds transfers to Libyan-owned or -controlled banks. The other three
penalties were received for violations involving letter of credit and
export transactions.
Various enforcement actions carried over from previous reporting
periods have continued to be aggressively pursued. Open cases as of May
27, 1994, totaled 330. Several new investigations of potentially
significant violations of the Libyan sanctions have been initiated by
FAC and cooperating U.S. law enforcement agencies, primarily the U.S.
Customs Service. Many of these cases are believed to involve complex
conspiracies to circumvent the various prohibitions of the Libyan
sanctions, as well as the utilization of international diversionary
shipping routes to and from Libya. The FAC has continued to work
closely with the Department of State and Justice to identify U.S.
persons who enter into contracts or agreements with the GoL, or other
third-country parties, to lobby United States Government officials and
to engage in public relations work on behalf of the GoL without FAC
authorization.
On May 4, 1994, FAC released a chart, ``Libya's International Banking
Connections,'' which highlights the Libyan government's organizational
relationship to 102 banks and other financial entities located in 40
countries worldwide. The chart provides a detailed look at current
Libyan shareholdings and key Libyan officers in the complex web of
financial institutions in which
[[Page 1233]]
Libya has become involved, some of which are used by Libya to
circumvent U.S. and U.N. sanctions. Twenty-six of the institutions
depicted on the chart have been determined by FAC to be SDNs of Libya.
In addition, the chart identifies 19 individual Libyan bank officers
who have been determined to be Libyan SDNs. A copy of the chart is
attached to this report.
In addition, on May 4, 1994, FAC announced the addition of five
entities and nine individuals to the list of SDNs of Libya. The five
entities added to the SDN list are: Arab Turkish Bank, Libya Insurance
Company, Maghreban International Trade Company, Saving and Real Estate
Investment Bank, and Societe Maghrebine D'Investissment et de
Participation. The nine individuals named in the notice are: Yousef
Abd-El-Razegh Abdelmulla, Ayad S. Dahaim, El Hadi M. El-Fighi, Kamel
El-Khallas, Mohammed Mustafa Ghadban, Mohammed Lahmar, Ragiab Saad
Madi, Bashir M. Sharif, and Kassem M. Sherlala. All prohibitions in the
Regulations pertaining to the GoL apply to the entities and individuals
identified in the notice issued on May 4, 1994. All unlicensed
transactions with such entities or persons, or transactions in which
they have an interest, are prohibited unless otherwise exempted or
generally licensed in the Regulations. A copy of the notice is attached
to this report.
The FAC also continued its efforts under the Operation Roadblock
initiative. This ongoing program seeks to identify U.S. persons who
travel to and/or work in Libya in violation of U.S. law.
5. The expenses incurred by the Federal Government in the 6-month
period from January 7, 1994, through July 6, 1994, that are directly
attributable to the exercise of powers and authorities conferred by the
declaration of the Libyan national emergency are estimated at
approximately $1 million. Personnel costs were largely centered in the
Department of the Treasury (particularly in the Office of Foreign
Assets Control, the Office of the General Counsel, and the U.S. Customs
Service), the Department of State, and the Department of Commerce.
6. The policies and actions of the GoL continue to pose an unusual
and extraordinary threat to the national security and foreign policy of
the United States. The United States continues to believe that still
stronger international measures than those mandated by United Nations
Security Council Resolution 883, including a worldwide oil embargo,
should be enacted if Libya continues to defy the international
community. We remain determined to ensure that the perpetrators of the
terrorists acts against Pan Am 103 and UTA 772 are brought to justice.
The families of the victims in the murderous Lockerbie bombing and
other acts of Libyan terrorism deserve nothing less. I shall continue
to exercise the powers at my disposal to apply economic sanctions
against Libya fully and effectively, so long as those measures are
appropriate, and will continue to report periodically to the Congress
on significant developments as required by law.
William J. Clinton.
The White House, July 18, 1994.
The message, together with the accompanying papers, was referred to
the Committee on Foreign Affairs and ordered to be printed (H. Doc.
103-281).
Para. 78.14 notice requirement--motion to instruct conferees--h.r. 3355
Mr. McCOLLUM, pursuant to clause 1(c) of rule XXVIII, announced his
intention to instruct the managers on the part of the House at the
conference with the Senate on the disagreeing votes of the two Houses on
the House amendment to the Senate amendment to the bill (H.R. 3355) to
amend the Omnibus Crime Control and Safe Streets Act of 1968 to allow
grants to increase police presence, to expand and improve cooperative
efforts between law enforcement agencies and members of the community to
address crime and disorder problems, and otherwise to enhance public
safety; be instructed not to make any agreement that does not include
section 2405 of the Senate amendment, providing mandatory prison terms
for use, possession, or carrying of a firearm, or destructive device
during a state crime of violence or state drug trafficking crime.
Para. 78.15 message from the president--national emergency with respect
to iraq
The SPEAKER pro tempore, Mr. MONTGOMERY, laid before the House a
message from the President, which was read as follows:
To the Congress of the United States:
Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d))
provides for the automatic termination of a national emergency unless,
prior to the anniversary date of its declaration, the President
publishes in the Federal Register and transmits to the Congress a notice
stating that the emergency is to continue in effect beyond the
anniversary date. In accordance with this provision, I have sent the
enclosed notice, stating that the Iraqi emergency is to continue in
effect beyond August 2, 1994, to the Federal Register for publication.
The crisis between the United States and Iraq that led to the
declaration on August 2, 1990, of a national emergency has not been
resolved. The Government of Iraq continues to engage in activities
inimical to stability in the Middle East and hostile to United States
interests in the region. Such Iraqi actions pose a continuing unusual
and extraordinary threat to the national security and vital foreign
policy interests of the United States. For these reasons, I have
determined that it is necessary to maintain in force the broad
authorities necessary to apply economic pressure to the Government of
Iraq.
William J. Clinton.
The White House, July 19, 1994.
The message, together with the accompanying papers, was referred to
the Committee on Foreign Affairs and ordered to be printed (H. Doc. 103-
282).
Para. 78.16 honoring astronauts for moon exploration
Mr. Hall of Texas moved to suspend the rules and agree to the
following concurrent resolution (H. Con. Res. 261):
Whereas on May 25, 1961, the President of the United States
established a goal for the country to land a man on the Moon
and return him safely to Earth before the end of the decade;
Whereas in furtherance of that goal, 34 American astronauts
flew 27 missions in space;
Whereas in their efforts to achieve that goal, 3 astronauts
died in the tragic Apollo 204 fire on the launch pad and 4
others died in T-38 crashes while in training;
Whereas the goal of the President was achieved on July 20,
1969 when the Lunar Module, Eagle, landed on the surface of
the Moon carrying a crew of 2 astronauts;
Whereas a total of 24 American astronauts flew to the
vicinity of the Moon and 12 of them landed on and explored
its surface;
Whereas the successful execution of the program to reach
and explore the Moon was one of the greatest achievements in
the history of mankind;
Whereas the hardware and astronauts involved in the Lunar
program subsequently flew 3 Skylab missions, and 1
international Apollo-Soyuz mission;
Whereas the astronauts who put their lives on the line by
flying in space in the execution of that program are true
national heroes; and
Whereas these astronauts should receive popular recognition
from a grateful Nation for their tremendous achievement: Now,
therefore, be it
Resolved by the House or Representatives (the Senate
concurring), That henceforth Buzz Aldrin (Gemini 12, Apollo
11), William Alison Anders (Apollo 8), Neil Alden Armstrong
(Gemini 8, Apollo 11), Charles Arthur Bassett II (died in T-
38 crash), Alan LaVern Bean (Apollo 12, Skylab 3), Frank
Borman (Gemini 7, Apollo 8), Vance DeVoe Brand (Apollo-
Soyuz), Malcolm Scott Carpenter (Mercury-Atlas 7), Gerald
Paul Carr (Skylab 4,) Eugene Andrew Cernan (Gemini 9, Apollo
10, Apollo 17), Roger Bruce Chaffee (Apollo 204), Michael
Collins (Gemini 10, Apollo 11), Charles Conrad, Jr. (Gemini
5, Gemini 11, Apollo 12, Skylab 2), Leroy Gordon Cooper,
Jr. (Mercury-Atlas 9, Gemini 5), Ronnie Walter Cunningham
(Apollo 7), Charles Moss Duke, Jr. (Apollo 16), Donn
Fulton Eisele (Apollo 7), Ronald Ellwin Evans (Apollo 17),
Theodore Cordy Freeman (died in T-38 crash), Owen Kay
Garriott (Skylab 3), Edward George Gibson (Skylab 4), John
Herschel Glenn, Jr. (Mercury-Atlas 6), Richard Francis
Gordon, Jr. (Gemini 11, Apollo 12), Virgil Ivan Grissom
(Mercury-Redstone 5, Gemini 3, Apollo 204), Fred Wallace
Haise, Jr. (Apollo 13), James Benson Irwin (Apollo 15),
Joseph Peter Kerwin (Skylab 2), Jack Robert Lousma (Skylab
3), James Arthur Lovell, Jr. (Gemini 7, Gemini 12, Apollo
8, Apollo 13), Thomas Kenneth Mattingly II (Apollo 16),
James Alton McDivitt (Gemini 4, Apollo 9), Edgar Dean
Mitchell (Apollo 14), William Reid Pogue (Skylab 4),
Stuart Allen Roosa (Apollo 14), Walter Marty Sehirra, Jr.
(Mercury-Atlas 8, Gemini 6, Apollo 7), Harrison Hagan
Schmitt (Apollo 17), Russell Louis Schweichart (Apollo 9),
David Randolph Scott (Gemini 8, Apollo 9, Apollo 15),
Elliot McKay See, Jr. (died in T-38 crash),
[[Page 1234]]
Allan Bartlett Shepard, Jr. (Mercury-Redstone 3, Apollo
14), Donald Kent Slayton (Apollo-Soyuz), Thomas Patten
Stafford (Gemini 6, Gemini 9, Apollo 10, Apollo-Soyuz),
John Leonard Swigert, Jr. (Apollo 13), Paul Joseph Weitz
(Skylab 2), Edward Higgins White II (Gemini 4, Apollo
204), Clifton Curtis Williams, Jr. (died in T-38 crash),
Alfred Merrill Worden (Apollo 15), and John Watts Young
(Gemini 3, Gemini 10, Apollo 10, Apollo 16) shall carry
the honorary title Space Emissary and shall be referred to
as ``The Honorable''.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. LaFALCE and
Mr. LEWIS of Florida, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said concurrent resolution was agreed to was, by unanimous consent, laid
on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
Para. 78.17 small business development company increases
Mr. LaFALCE moved to suspend the rules and pass the bill (H.R. 4322)
to amend the Small Business Act to increase the authorization for the
development company program, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. LaFALCE and
Mrs. MEYERS of Kansas, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 78.18 waive annuity rules for certain reemployed postal retirees
Ms. NORTON moved to suspend the rules and pass the bill (H.R. 3246) to
provide that the provisions of chapters 83 and 84 of title 5, United
States Code, relating to reemployed annuitants shall not apply with
respect to postal retirees who are reemployed, on a temporary basis, to
serve as rural letter carriers or rural postmasters; as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Ms. NORTON and Mr.
GILMAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
amend title 39, United States Code, to make applicable with respect to
the United States Postal Service certain exclusionary authority relating
to the treatment of reemployed annuitants under the civil service
retirement laws, and for other purposes.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 78.19 overseas defense teachers leave programs
Ms. NORTON moved to suspend the rules and pass the bill (H.R. 3499) to
amend the Defense Department Overseas Teachers Pay and Personnel
Practices Act; as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Ms. NORTON and Mr.
GILMAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 78.20 ``living benefits'' for terminally ill federal employees
Ms. NORTON moved to suspend the rules and pass the bill (H.R. 512) to
amend chapter 87 of title 5, United States Code, to provide that group
life insurance benefits under such chapter may, upon application, be
paid out to an insured individual who is terminally ill, and for other
purposes; as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Ms. NORTON and Mr.
GILMAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 78.21 healthy meals for healthy americans
Mr. KILDEE moved to suspend the rules and pass the bill (H.R. 8) to
amend the Child Nutrition Act of 1966 and the National School Lunch Act
to extend certain authorities contained in such Acts through the fiscal
year 1998; as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. KILDEE and Mr.
GOODLING, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. de la GARZA, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. JOHNSON of Texas demanded that the vote be taken by the yeas and
nays, which demand was supported by one-fifth of the Members present, so
the yeas and nays were ordered.
The SPEAKER pro tempore, Mr. de la GARZA, pursuant to clause 5, rule
I, announced that further proceedings on the motion were postponed.
Para. 78.22 national education commission on time and learning
On motion of Mr. KILDEE, by unanimous consent, the bill of the Senate
(S. 1880) to provide that the National Education Commission on Time and
Learning shall terminate on September 30, 1994; was taken from the
Speaker's table.
When said bill was considered, read twice, ordered to be read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 78.23 civilian technology development act of 1993
On motion of Mr. BROWN of California, by unanimous consent, the bill
(H.R. 820) to amend the Stevenson-Wydler Technology Innovation Act of
1980 to enhance manufacturing tech-
[[Page 1235]]
nology development and transfer, to authorize appropriations for the
Technology Administration of the Department of Commerce, including the
National Institute of Standards and Technology, and for other purposes;
together with the amendment of the Senate thereto, was taken from the
Speaker's table.
When on motion of Mr. BROWN of California, it was,
Resolved, That the House disagree to the amendment of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Ordered, That the Clerk notify the Senate thereof.
Para. 78.24 motion to instruct conferees--h.r. 820
Mr. WALKER moved that the managers on the part of the House at the
conference on the disagreeing votes of the two Houses on H.R. 820, be
instructed to agree to repeal the prohibition on judicial review
contained in section 611 of title 5, United States Code.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. de la GARZA, announced that the yeas had
it.
Mr. WALKER objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
380
When there appeared
<3-line {>
Nays
36
Para. 78.25 [Roll No. 331]
YEAS--380
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Camp
Canady
Cantwell
Cardin
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
Engel
English
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Ford (MI)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (FL)
Minge
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Neal (MA)
Neal (NC)
Nussle
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Reynolds
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Rose
Rostenkowski
Roth
Roukema
Rowland
Royce
Rush
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--36
Abercrombie
Becerra
Beilenson
Brown (CA)
Clay
Collins (IL)
Collins (MI)
Coyne
Dellums
Dingell
Durbin
Eshoo
Foglietta
Gutierrez
Jefferson
Johnson, E.B.
Kopetski
McDermott
Miller (CA)
Mineta
Mink
Nadler
Oberstar
Obey
Payne (NJ)
Pelosi
Roybal-Allard
Sabo
Schroeder
Stark
Synar
Velazquez
Vento
Waters
Watt
Yates
NOT VOTING--18
Berman
Bishop
Brewster
Calvert
Carr
Cox
Edwards (CA)
Ford (TN)
Gallo
Gingrich
Machtley
Owens
Rangel
Richardson
Ros-Lehtinen
Slattery
Stokes
Washington
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
Para. 78.26 appointment of conferees--h.r. 820
Thereupon, the SPEAKER pro tempore, Mr. SERRANO, by unanimous consent,
announced the appointment of the following Members as managers on the
part of the House at said conference:
From the Committee on Science, Space, and Technology for consideration
of the House bill (except sections 211-14 and 504), and the Senate
amendment (except title XI, sections 221, 303(d), 504, and 601-13), and
modifications committed to conference: Messrs. Brown of California,
Valentine, Roemer, McHale, Becerra, Walker, Lewis of Florida, and
Rohrabacher.
From the Committee on Science, Space, and Technology for consideration
of sections 211-14 and 504 of the House bill, and sections 221, 303(d),
504, and 601-13 of the Senate amendment, and modifications committed to
conference: Messrs. Brown of California, Valentine, and Boucher, Ms.
Eshoo, and Messrs. Becerra, Walker, Boehlert, and Bartlett of Maryland.
From the Committee on Science, Space, and Technology for consideration
of title XI of the Senate amendment, and modifications committee to
conference: Messrs. Brown of California, Valentine, Roemer, McHale,
Becerra, Klein, Boucher, Walker, Linder, Hoke, and Baker of California.
As additional conferees from the Committee on Banking, Finance and
Urban Affairs for consideration of sections 331-37, 341-61, 503(a) (4)
and (5), 503(b) (5) and (6) of the House bill, and sections 216, 306-
07, the second 503(4), 1002, 1004, 1011, and title XI of the Senate
amendment, and modifications committed to conference: Messrs. Gonzalez,
Kanjorski, and Ridge.
As additional conferees from the Committee on Education and Labor for
consideration of sections 346 and 407 of the House bill, and title XI,
section 211-12 insofar as said sections relate to work force training
and labor, 410, 604, 607-13, 1201-02, 1302 of the Senate amendment, and
modifications committed to conference: Messrs. Ford of Michigan,
Williams, and Goodling.
As additional conferees from the Committee on Government Operations
for consideration of title XI and sec-
[[Page 1236]]
tion 1301 of the Senate amendment, and modifications committed to
conference: Messrs. Conyers, Towns, and Clinger.
As additional conferees from the Committee on the Judiciary for
consideration of that portion of section 205 adding section 304(g) to
the Stevenson-Wydler Technology Innovation Act of 1980, and section 361
of the House bill, and title IX, sections 307, that portion of section
603 adding section 101(d) to the High-Performance Computing Act of
1991, 1005-09, 1011-13, and 1303 of the Senate amendment, and
modifications committed to conference: Messrs. Brooks, Synar, and Fish.
As additional conferees from the Committee on Post Office and Civil
Service for consideration of title VIII and section 1010 of the Senate
amendment, and modifications committed to conference: Mr. Clay, Miss
Collins of Michigan, and Mr. Myers of Indiana.
As additional conferees from the Permanent Select Committee on
Intelligence for consideration of title X and section 307 of the Senate
amendment, and modifications committed to conference: Messrs. Glickman,
Richardson, and Combest.
As additional conferees from the Committee on Rules for consideration
of section 1301 of the Senate amendment, and modifications committee to
conference: Messrs. Moakley, Derrick, and Goss.
As additional conferees from the Committee on Small business for
consideration of that portion of section 204 of the House bill which
adds a new section 303(c)(1) to the Stevenson Wydler Technology
Innovation Act of 1980, and for the portion of section 212 which adds a
new section 24(c)(1) to the National Institute of Standards and
Technology Act and section 306 of the Senate amendment, and
modifications committed to conference: Mr. LaFalce, Smith of Iowa, and
Mrs. Meyers of Kansas.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 78.27 notice requirement--motion to instruct conferees--h.r. 3355
Mr. HOAGLAND, pursuant to clause 1(c) of rule XXVIII, announced his
intention to instruct the managers on the part of the House at the
conference with the Senate on the disagreeing votes of the two Houses on
the bill (H.R. 3355) to amend the Omnibus Crime Control and Safe Streets
Act of 1968 to allow grants to increase police presence, to expand and
improve cooperative efforts between law enforcement agencies and members
of the community to address crime and disorder problems, and otherwise
to enhance public safety, be instructed to meet promptly on all issues
committed to conference with the managers on the part of the Senate.
Para. 78.28 providing for the consideration of h.r. 4299
Mr. BEILENSON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 468):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 4299) to authorize appropriations for fiscal
year 1995 for intelligence and intelligence-related
activities of the United States Government, the Community
Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes. The
first reading of the bill shall be dispensed with. General
debate shall be confined to the bill and shall not exceed one
hour equally divided and controlled by the chairman and
ranking minority member of the Permanent Select Committee on
Intelligence. After general debate the bill shall be
considered for amendment under the five-minute rule. It shall
be in order to consider as an original bill for the purpose
of amendment under the five-minute rule the amendment in the
nature of a substitute recommended by the Permanent Select
Committee on Intelligence now printed in the bill. The
committee amendment in the nature of a substitute shall be
considered by title rather than by section. Each title shall
be considered as read. Points of order against the committee
amendment in the nature of a substitute for failure to comply
with clause 7 of rule XVI or clause 5(a) of rule XXI are
waived. No amendment to the committee amendment in the nature
of a substitute shall be in order unless printed in the
portion of the Congressional Record designated for that
purpose in clause 6 of rule XXIII before its consideration.
At the conclusion of consideration of the bill for amendment
the Committee shall rise and report the bill to the House
with such amendments as may have been adopted. Any Member may
demand a separate vote in the House on any amendment adopted
in the Committee of the Whole to the bill or to the committee
amendment in the nature of a substitute. The previous
question shall be considered as ordered on the bill and
amendments thereto to final passage without intervening
motion except one motion to recommit with or without
instructions.
When said resolution was considered.
After debate,
On motion of Mr. BEILENSON, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 78.29 intelligence authorization
The SPEAKER pro tempore, Mr. SERRANO, pursuant to House Resolution 468
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 4299) to authorize appropriations for fiscal year 1995 for
intelligence and intelligence-related activities of the United States
Government, the Community management account, and the Central
Intelligence Agency Retirement and Disability System, and for other
purposes.
The SPEAKER pro tempore, Mr. SERRANO, by unanimous consent, designated
Ms. SLAUGHTER, as Chairman of the Committee of the Whole.
The Acting Chairman, Mrs. MINK assumed the Chair; and after some time
spent therein,
Para. 78.30 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. GLICKMAN:
At the end of title I (page 4, after line 23), add the
following:
SEC. 104. PUBLIC DISCLOSURE OF INTELLIGENCE BUDGET.
(a) Amounts Expended and Amounts Requested.--(1) The
National Security Act of 1947 (50 U.S.C. 401 et seq.) is
amended by adding at the end of title I the following new
section:
``annual report of amounts expended and amounts requested for
intelligence and intelligence-related activities
``Sec. 109. At the time of submission of the budget of the
United States Government for a fiscal year under section
1105(a) of title 31, United States Code, the Director of
Central Intelligence shall submit to the Congress a separate,
unclassified statement of the aggregate amount of
expenditures for the fiscal year ending on September 30 of
the previous calendar year, and the aggregate amount of funds
requested to be appropriated for the fiscal year for which
the budget is submitted, for intelligence and intelligence-
related activities of the Government.''
(2) The table of contents at the beginning of the National
Security Act of 1947 is amended by inserting after the item
relating to section 108 the following new item:
``Sec. 109. Annual report of amounts expended and amounts
requested for intelligence and intelligence-related
activities.''.
(b) Congressional Authorization of Intelligence
Activities.--Section 504 of the National Security Act of 1947
(50 U.S.C. 414) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) A bill or joint resolution, and any amendment
thereto, which authorizes the appropriation of funds for a
fiscal year for all intelligence and intelligence-related
activities of the United States may set forth in an
unclassified statement the aggregate amount of funds
authorized to be appropriated in that bill or resolution for
such fiscal year for intelligence and intelligence-related
activities of the United States.''.
(c) Effective Date.--(1) The amendment made by subsection
(a) shall take effect with respect to the budget submitted
for fiscal year 1996.
(2) The amendment made by subsection (b) shall take effect
with respect to bills, resolutions, and amendments,
authorizing the appropriation of funds for all intelligence
and intelligence-related activities of the United States for
fiscal year 1996.
It was decided in the
Yeas
194
<3-line {>
negative
Nays
221
Para. 78.31 [Roll No. 332]
AYES--194
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Bacchus (FL)
Barca
Barcia
Barrett (WI)
Becerra
Beilenson
Berman
Bilirakis
Bonior
Brooks
Brown (CA)
Brown (OH)
Cantwell
Carr
Clay
Clayton
Clement
[[Page 1237]]
Clyburn
Coble
Collins (GA)
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Costello
Coyne
Danner
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Dicks
Dixon
Dooley
Duncan
Durbin
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Frank (MA)
Furse
Gejdenson
Gephardt
Gibbons
Glickman
Gonzalez
Green
Gutierrez
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hinchey
Inslee
Istook
Johnson (SD)
Johnston
Kanjorski
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klug
Kreidler
Lambert
Lancaster
Leach
Lehman
Levin
Lewis (GA)
Lipinski
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Molinari
Moran
Murphy
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Orton
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Ravenel
Reed
Reynolds
Roemer
Rohrabacher
Rose
Rostenkowski
Roth
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Saxton
Schenk
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shays
Shepherd
Skaggs
Slaughter
Smith (IA)
Spratt
Stark
Strickland
Studds
Stupak
Swett
Swift
Synar
Thomas (CA)
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Waters
Watt
Waxman
Wheat
Whitten
Williams
Woolsey
Wyden
Wynn
Yates
Zimmer
NOES--221
Allard
Andrews (TX)
Applegate
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barlow
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilbray
Bliley
Blute
Boehlert
Boehner
Bonilla
Borski
Browder
Brown (FL)
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cardin
Castle
Chapman
Clinger
Coleman
Combest
Condit
Cooper
Cox
Cramer
Crane
Crapo
Cunningham
Darden
de la Garza
DeLay
Deutsch
Diaz-Balart
Dickey
Dingell
Doolittle
Dornan
Dreier
Dunn
Edwards (TX)
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Ford (MI)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Jefferson
Johnson (CT)
Johnson (GA)
Johnson, E. B.
Johnson, Sam
Kaptur
Kasich
Kim
King
Kingston
Klink
Knollenberg
Kolbe
Kopetski
Kyl
LaFalce
Lantos
LaRocco
Laughlin
Lazio
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lloyd
Lucas
Manzullo
McCandless
McCollum
McCrery
McCurdy
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Mollohan
Montgomery
Moorhead
Morella
Murtha
Myers
Ortiz
Oxley
Packard
Parker
Paxon
Payne (VA)
Petri
Pickett
Pickle
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Regula
Ridge
Roberts
Rogers
Romero-Barcelo (PR)
Roukema
Rowland
Santorum
Sarpalius
Schaefer
Schiff
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (WY)
Thompson
Torkildsen
Upton
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--24
Bishop
Blackwell
Boucher
Brewster
Bryant
Edwards (CA)
Faleomavaega (AS)
Ford (TN)
Frost
Gallo
Gingrich
Jacobs
Machtley
Martinez
Richardson
Ros-Lehtinen
Royce
Slattery
Smith (NJ)
Stokes
Underwood (GU)
Washington
Wilson
Wise
So the amendment was not agreed to.
After some further time,
Para. 78.32 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. SANDERS:
Page 4, after line 23, insert the following:
SEC. 104. LIMITATION ON AMOUNTS AUTHORIZED TO BE APPROPRIATED
(a) Limitation.--Except as provided in subsection (b),
notwithstanding the total amount of the individual
authorizations of appropriations contained in this Act,
including the amounts specified in the classified Schedule of
Authorizations prepared to accompany the bill H.R. 4299 of
the One Hundred and Third Congress, there is authorized to be
appropriated for fiscal year 1995 to carry out this Act not
more than 90 percent of the total amount authorized to be
appropriated by the Intelligence Authorization Act for Fiscal
Year 1994.
(b) Exception.--Subsection (a) does not apply to amounts
authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund.
It was decided in the
Yeas
106
<3-line {>
negative
Nays
315
Para. 78.33 [Roll No. 333]
AYES--106
Andrews (ME)
Barca
Becerra
Bonior
Brown (CA)
Brown (OH)
Cantwell
Clay
Clayton
Clyburn
Coble
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
de la Garza
DeFazio
Dellums
Derrick
Duncan
Durbin
Edwards (CA)
Ehlers
Engel
English
Evans
Farr
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Frank (MA)
Furse
Gutierrez
Hall (TX)
Hamburg
Hilliard
Hinchey
Inslee
Jacobs
Johnson, E. B.
Johnston
Kanjorski
Klink
Kreidler
Lambert
Lewis (GA)
Lipinski
Maloney
Markey
McDermott
McKinney
Meehan
Mfume
Miller (CA)
Minge
Mink
Murphy
Nadler
Neal (MA)
Norton (DC)
Oberstar
Obey
Olver
Owens
Pastor
Payne (NJ)
Payne (VA)
Penny
Peterson (MN)
Petri
Poshard
Rahall
Rangel
Roemer
Rohrabacher
Roth
Rush
Sanders
Schroeder
Sensenbrenner
Serrano
Shays
Slaughter
Stark
Strickland
Stupak
Synar
Thompson
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Waters
Watt
Wheat
Whitten
Williams
Woolsey
Wyden
Yates
NOES--315
Abercrombie
Ackerman
Allard
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Borski
Boucher
Brooks
Browder
Brown (FL)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cardin
Carr
Castle
Chapman
Clement
Clinger
Coleman
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de Lugo (VI)
Deal
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Dunn
Edwards (TX)
Emerson
Eshoo
Everett
Ewing
Fawell
Fazio
Fields (TX)
Fish
Ford (MI)
Fowler
Franks (CT)
Franks (NJ)
Frost
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (OH)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klug
Knollenberg
Kolbe
Kopetski
Kyl
LaFalce
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lloyd
Long
Lowey
Lucas
Mann
Manton
Manzullo
Margolies-Mezvinsky
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meek
Menendez
Meyers
Mica
Michel
Miller (FL)
Mineta
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Neal (NC)
Nussle
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Paxon
Pelosi
Peterson (FL)
Pickett
[[Page 1238]]
Pickle
Pombo
Pomeroy
Porter
Portman
Price (NC)
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Reed
Regula
Reynolds
Ridge
Roberts
Rogers
Romero-Barcelo (PR)
Rose
Rostenkowski
Rowland
Roybal-Allard
Royce
Sabo
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schumer
Scott
Sharp
Shaw
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (IA)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stokes
Studds
Stump
Sundquist
Swett
Swift
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thornton
Thurman
Torkildsen
Torres
Upton
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waxman
Weldon
Wise
Wolf
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--18
Bishop
Blackwell
Brewster
Faleomavaega (AS)
Ford (TN)
Gallo
Gingrich
Green
Machtley
Richardson
Ros-Lehtinen
Roukema
Slattery
Smith (MI)
Smith (NJ)
Underwood (GU)
Washington
Wilson
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. MONTGOMERY, assumed the Chair.
When Mr. HASTINGS, Acting Chairman, reported that the Committee,
having had under consideration said bill, had come to no resolution
thereon.
Para. 78.34 h.r. 8--unfinished business
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and pass the bill (H.R. 8) to amend the Child Nutrition Act of 1966 and
the National School Lunch Act to extend certain authorities contained in
such Acts through the fiscal year 1998; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
372
<3-line {>
affirmative
Nays
40
Para. 78.35 [Roll No. 334]
YEAS--372
Abercrombie
Ackerman
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Baker (CA)
Baker (LA)
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Buyer
Byrne
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Dornan
Dreier
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hansen
Harman
Hastert
Hastings
Hayes
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hutchinson
Hutto
Hyde
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Lloyd
Long
Lowey
Lucas
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Ridge
Roberts
Roemer
Rogers
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stenholm
Stokes
Strickland
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--40
Allard
Archer
Armey
Bachus (AL)
Ballenger
Bartlett
Barton
Burton
Callahan
Coble
Collins (GA)
Combest
Crane
Crapo
DeLay
Doolittle
Duncan
Fields (TX)
Goss
Hancock
Hefley
Hunter
Inglis
Inhofe
Istook
Johnson, Sam
Livingston
Manzullo
Miller (FL)
Paxon
Penny
Rohrabacher
Royce
Schaefer
Sensenbrenner
Shuster
Stearns
Stump
Taylor (NC)
Walker
NOT VOTING--22
Andrews (ME)
Bateman
Bishop
Blackwell
Clay
Conyers
Ford (TN)
Gallo
Gingrich
Machtley
Murphy
Murtha
Richardson
Ros-Lehtinen
Slattery
Smith (MI)
Smith (NJ)
Smith (OR)
Studds
Vucanovich
Washington
Wilson
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 78.36 woodrow wilson plaza
On motion of Mr. MINETA, by unanimous consent, the Committee on
Natural Resources and the Committee on Public Works and Transportation
were discharged from further consideration of the bill of the Senate (S.
832) to designate the plaza to be constructed on the Federal Triangle
property in Washington, D.C., as the ``Woodrow Wilson Plaza''.
When said bill was considered, read twice, ordered to be read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 78.37 senate joint resolutions referred
A joint resolution of the Senate of the following title was taken from
the Speaker's table and, under the rule, referred as follows:
S.J. Res. 204. Joint resolution recognizing the American
Academy in Rome, an American overseas center for independent
study and advanced research, on the occasion of the 100th
anniversary of its founding; to the Committee on Foreign
Affairs.
Para. 78.38 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. UNDERWOOD, for today and the balance of the week;
To Ms. ROS-LEHTINEN, for today and July 20; and
To Mr. FALEOMAVAEGA, for today and the balance of the week.
And then,
[[Page 1239]]
Para. 78.39 adjournment
On motion of Mr. BILIRAKIS, at 9 o'clock and 5 minutes p.m., the House
adjourned.
Para. 78.40 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. CONYERS: Committee on Government Operations. Improving
the Management of the Farmers Home Administration Single-
Family Housing Portfolio Through Centralized Servicing and
Mortgage Escrowing (Rept. 103-609). Referred to the Committee
of the Whole House on the State of the Union.
Mr. CONYERS: Committee on Government Operations.
Information Resources Management in a Reconfigured U.S.
Department of Agriculture (Rept. 103-610). Referred to the
Committee of the Whole House on the State of the Union.
Mr. DINGELL: Committee on Energy and Commerce. S. 473, An
Act to promote the industrial competitiveness and economic
growth of the United States by strengthening the linkages
between the laboratories of the Department of Energy and the
private sector and by supporting the development and
application of technologies critical to the economic,
scientific, and technological competitiveness of the United
States, and for other purposes; with an amendment (Rept. 103-
611, Pt. 1). Ordered to be printed.
Para. 78.41 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BOUCHER (for himself, Mr. Upton, and Mr.
Bonior):
H.R. 4779. A bill to amend the Solid Waste Disposal Act to
authorize local governments and Governors to restrict receipt
of out-of-State municipal solid waste, and for other
purposes; to the Committee on Energy and Commerce.
By Mr. SABO:
H.R. 4780. A bill to amend the Congressional Budget Act of
1974 to make section 313 (relating to extraneous matter in
reconciliation legislation and popularly known as the Byrd
rule) applicable to the Senate only; to the Committee on
Rules.
By Mr. BROOKS (for himself and Mr. Fish):
H.R. 4781. A bill to facilitate obtaining foreign-located
antitrust evidence by authorizing the Attorney General of the
United States and the Federal Trade Commission to provide, in
accordance with antitrust mutual assistance agreements,
antitrust evidence to foreign antitrust authorities on a
reciprocal basis, and for other purposes; to the Committee on
the Judiciary.
By Mr. HEFLEY (for himself and Mr. Dornan):
H.R. 4782. A bill to amend section 217 of the Internal
Revenue Code of 1986 to provide that military moving expense
reimbursements are excluded from income without regard to the
deductibility of the expenses reimbursed; to the Committee on
Ways and Means.
By Mr. MARTINEZ:
H.R. 4783. A bill to establish the National Indian Research
Institute; jointly, to the Committees on Natural Resources
and Education and Labor.
By Mr. McCURDY:
H.R. 4784. A bill to modify the Mountain Park project in
Oklahoma, and for other purposes; to the Committee on Natural
Resources.
By Mrs. MINK of Hawaii:
H.R. 4785. A bill to amend the act of March 3, 1931 (known
as the Davis-Bacon Act) to require that contract work covered
by the act which requires licensing be performed by a person
who is so licensed; to the Committee on Education and Labor.
By Mr. PETRI:
H.R. 4786. A bill to convert into a requirement the option
of States to deny aid to families with dependent children to
unmarried minors not living at home or under adult
supervision, and narrow the exceptions to the requirement,
and to deem to a minor parent all income of the minor's
parents who are living in the same home as the minor parent;
to the Committee on Ways and Means.
By Mr. TORRES:
H.R. 4787. A bill to amend the Indian Gaming Regulatory
Act, and for other purposes; to the Committee on Natural
Resources.
By Mr. STUMP (for himself, Mr. Smith of New Jersey, Mr.
Bilirakis, Mr. Ridge, Mr. Spence, Mr. Hutchinson, Mr.
Everett, Mr. Buyer, Mr. Quinn, Mr. Bachus of Alabama,
Mr. Linder, Mr. King, and Mr. Stearns):
H.R. 4788. A bill to amend title 38, United States Code, to
reform and simplify criteria for eligibility for health care
provided by the Department of Veterans Affairs, and for other
purposes; to the Committee on Veterans' Affairs.
By Mr. WAXMAN (for himself, Mr. Upton, and Mr.
Richardson):
H.R. 4789. A bill to amend the Public Health Service Act to
provide for the expansion and coordination of research
concerning Parkinson's disease and related disorders, and to
improve care and assistance for its victims and their family
caregivers, and for other purposes; to the Committee on
Energy and Commerce.
By Mr. GEPHARDT:
H.R. 4790. A bill to designate the U.S. courthouse under
construction in St. Louis, MO, as the ``Thomas F. Eagleton
United States Courthouse''; to the Committee on Public Works
and Transportation.
By Mr. GRAMS (for himself, Mr. Gingrich, Mr. Armey, Mr.
DeLay, Mr. Solomon, Mr. Stenholm, Mr. Hastert, Mr.
Deal, Mr. Stearns, Mr. Talent, Mr. Dreier, Mr.
Saxton, Mr. Knollenberg, Mr. Inhofe, Mr. Zimmer, Mr.
Calvert, Mr. Stump, Mr. Torkildsen, Mr. Hefley, Mr.
Doolittle, Mr. Baker of California, Mr. Horn, Mr.
King, Mr. Lewis of Florida, Mrs. Fowler, Mr. Hancock,
Mr. Linder, Mr. Barcia of Michigan, and Mr. Smith of
Oregon):
H.R. 4791. A bill to establish Federal standards for the
resolution of health care malpractice claims, and for other
purposes; to the Committee on the Judiciary.
By Mr. MANZULLO (for himself, Mr. Livingston, Mr. Levy,
Mr. Sensenbrenner, Mr. McHugh, Mr. Canady, and Mr.
Packard):
H.R. 4792. A bill to amend the Internal Revenue Code of
1986 to provide tax incentives to encourage small investors,
and for other purposes; to the Committee on Ways and Means.
By Mr. ORTON:
H.R. 4793. A bill to amend part A of title IV of the Social
Security Act to offer States the option of replacing the Job
Opportunities and Basic Skills Training [JOBS] program with a
program that would assist all recipients of aid to families
with dependent children in achieving self-sufficiency, and
for other purposes; jointly, to the Committees on Ways and
Means, Education and Labor, Energy and Commerce, and
Agriculture.
By Mr. POMBO:
H.R. 4794. A bill to provide for expediting an
investigation by the International Trade Commission by
providing for the monitoring of the importation of tomatoes
and peppers under certain circumstances; to the Committee on
Ways and Means.
By Mr. TOWNS:
H.R. 4795. A bill to direct the President to establish
national program to provide for coordination between Federal,
State and local agencies, voluntary organizations, and
private enterprise in order to encourage the public to eat a
healthy diet; jointly, to the Committees on Agriculture,
Energy and Commerce, and Education and Labor.
By Mr. BORSKI (for himself, Mr. Blackwell, Mr. Clinger,
Mr. Coyne, Mr. Foglietta, Mr. Gekas, Mr. Goodling,
Mr. Greenwood, Mr. Holden, Mr. Kanjorski, Mr. Klink,
Ms. Margolies-Mezvinsky, Mr. McDade, Mr. McHale, Mr.
Murphy, Mr. Murtha, Mr. Ridge, Mr. Shuster, Mr.
Weldon, Mr. Abercrombie, Mr. Andrews of Texas, Mr.
Andrews of New Jersey, Mr. Andrews of Maine, Mr.
Applegate, Mr. Bacchus of Florida, Mr. Barrett of
Wisconsin, Mr. Bateman, Mrs. Bentley, Mr. Berman, Mr.
Bevill, Mr. Bilbray, Mr. Bilirakis, Mr. Bishop, Mr.
Bliley, Mr. Brewster, Mr. Brooks, Mr. Browder, Ms.
Brown of Florida, Mr. Brown of California, Mrs.
Bryne, Mr. Callahan, Mr. Calvert, Ms. Cantwell, Mr.
Carr, Mr. Chapman, Mr. Clement, Mr. Clyburn, Mr.
Coble, Ms. Collins of Michigan, Mr. Conyers, Mr. Cox,
Mr. Cramer, Mr. Darden, Mr. de la Garza, Ms. DeLauro,
Mr. Dellums, Mr. de Lugo, Mr. Deutsch, Mr. Diaz-
Balart, Mr. Dingell, Mr. Dixon, Mr. Edwards of Texas,
Mr. Emerson, Mr. Engel, Ms. English of Arizona, Mr.
Evans, Mr. Ewing, Mr. Fazio, Mr. Faleomavaega, Mr.
Fields of Louisiana, Mr. Filner, Mr. Fish, Mr. Flake,
Mrs. Fowler, Mr. Frank of Massachusetts, Mr. Frost,
Mr. Gallo, Mr. Pete Geren of Texas, Mr. Gilman, Mr.
Glickman, Mr. Gonzalez, Mr. Gordon, Mr. Grams, Mr.
Gene Green of Texas, Mr. Gunderson, Mr. Hall of
Texas, Mr. Hall of Ohio, Mr. Hamilton, Mr. Hansen,
Mr. Hefner, Mr. Hinchey, Mr. Hilliard, Mr. Hoagland,
Mr. Hobson, Mr. Hochbrueckner, Mr. Hoyer, Mr. Hughes,
Mr. Hutchinson, Mr. Hutto, Mr. Hyde, Mr. Jacobs, Mr.
Jefferson, Ms. Eddie Bernice Johnson of Texas, Mr.
Johnson of South Dakota, Ms. Kaptur, Mr. Kasich, Mr.
Kennedy, Mrs. Kennelly, Mr. Kildee, Mr. Kim, Mr.
Kingston, Mr. King, Mr. Kleczka, Mr. Klein, Mr.
Kopetski, Mr. Kreidler, Mr. LaFalce, Mr. LaRocco, Mr.
Lancaster, Mr. Lantos, Mr. Leach, Mr. Lewis of
California, Mr. Lewis of Georgia, Mr. Levin, Mr.
Lipinski, Mr. Livingston, Mrs. Lowey, Mrs. Maloney,
Mr. Martinez, Mr. Matsui, Mr. McCloskey, Mr.
McCollum, Mr. McDermott, Mr. McInnis, Mr. McNulty,
Mr. Meehan, Mrs. Meek of Florida, Mr. Menendez, Mrs.
Meyers of Kansas, Mrs. Mink of Hawaii, Ms. Molinari,
Mr. Montgomery, Mr. Moran, Mrs. Morella, Mr. Myers of
Indiana, Mr. Nadler, Mr. Neal of Massachusetts, Mr.
Neal of North Carolina, Ms. Norton, Mr. Oberstar, Mr.
Ortiz, Mr. Owens, Mr. Oxley, Mr. Packard, Mr.
Pallone, Mr. Pastor, Mr. Payne of New Jersey, Mr.
Peterson of Florida, Ms. Pelosi, Mr. Porter, Mr.
Poshard, Mr. Quillen, Mr. Quinn, Mr. Rahall, Mr.
Ramstad, Mr. Ravenel, Mr. Reed, Mr. Richardson, Mr.
Romero-Barcelo, Ms. Roybal-Allard, Mr.
[[Page 1240]]
Sabo, Mr. Sanders, Mr. Sangmeister, Mr. Sarpalius,
Mr. Sawyer, Mr. Saxton, Mr. Schaefer, Mr. Schiff, Mr.
Scott, Mr. Serrano, Mr. Sharp, Mr. Sisisky, Mr.
Skeen, Mr. Slattery, Ms. Slaughter, Mr. Smith of New
Jersey, Mr. Smith of Michigan, Mr. Smith of Texas,
Mr. Smith of Iowa, Mr. Spratt, Mr. Spence, Mr.
Stearns, Mr. Stupak, Mr. Tauzin, Mr. Tejeda, Mr.
Thompson, Mrs. Thurman, Mr. Torkildsen, Mr. Torres,
Mr. Torricelli, Mr. Towns, Mr. Traficant, Mr. Tucker,
Mr. Underwood, Mrs. Unsoeld, Mr. Valentine, Ms.
Velazquez, Mr. Vento, Mr. Volkmer, Mr. Walsh, Mr.
Washington, Mr. Watt, Mr. Waxman, Mr. Wolf, Mr. Wynn,
Mr. Yates, Mr. Young of Florida, Mr. Young of
Alaska):
H.J. Res. 390. Joint resolution designating September 17,
1994, as ``Constitution Day''; to the Committee on Post
Office and Civil Service.
By Mr. BURTON of Indiana:
H. Con. Res. 267. Concurrent resolution expressing the
sense of the Congress that the Federal Government should
develop a comprehensive program regarding natural disasters,
require individuals and businesses in disaster prone areas to
purchase insurance for natural disasters, and create a
Federal reinsurance program to minimize the associated risks
to insurance companies; to the Committee on Banking, Finance
and Urban Affairs.
By Mr. FIELDS of Texas:
H. Con. Res. 268. Concurrent resolution to express the
sense of the Congress that the United States should refrain
from signing the seabed mining agreement relating to the Law
of the Sea Treaty; to the Committee on Foreign Affairs.
By Mr. GOSS (for himself, Mr. Goodlatte, Ms. Dunn, Mr.
Doolittle, Mr. Linder, Mr. Horn, Mr. Grams, Mr. Sam
Johnson, Mr. Bachus of Alabama, Mr. Thomas of
Wyoming, Mr. Knollenberg, Mr. Smith of Texas, Mr.
Kyl, Mr. Baker of California, Mr. Hutchinson, Mr.
Canady, Mr. Boehner, Mr. Talent, Mr. Walker, Mr.
Stearns, Mr. Miller of Florida, Mr. McCollum, Mr.
Ewing, Mr. Burton of Indiana, Mrs. Meyers of Kansas,
Mr. Stump, Mr. Roth, Mr. Herger, Mr. Lewis of
Florida, Mr. Weldon, Mr. Schaefer, Mr. Grandy, Mr.
Livingston, Mr. Gilman, and Mr. Shaw):
H. Con. Res. 269. Concurrent resolution concerning
consideration of U.S. military action against Haiti; to the
Committee on Foreign Affairs.
Para. 78.42 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
448. By the SPEAKER: Memorial of the General Assembly of
the State of New Jersey, relative to memorializing the
President and the Congress to call for an expeditious review
and final decision by U.S. Army Corps of Engineers and the
EPA on dredging in New Jersey; to the Committee on Public
Works and Transportation.
449. Also, memorial of the General Assembly of the State of
New Jersey, relative to memorializing the U.S. Congress to
amend the Federal Soldiers' and Sailors' Civil Relief Act of
1940; to the Committee on Veterans' Affairs.
450. Also, memorial of the General Assembly of the State of
New Jersey, relative to memorializing the U.S. Congress to
amend the Internal Revenue Code to extend certain tax
benefits to parents in order to strengthen family qualities;
to the Committee on Ways and Means.
451. Also, memorial of the General Assembly of the State of
New Jersey, relative to memorializing the U.S. Congress to
amend the Internal Revenue Code to modify the personal
exemption to dependent children; to the Committee on Ways and
Means.
452. Also, memorial of the Senate of the Commonwealth of
Puerto Rico, relative to national health reform; jointly, to
the Committee on Energy and Commerce and Ways and Means.
Para. 78.43 private bills and resolutions
Under clause 1 of rule XXII, private bills and resolutions were
introduced and severally referred as follows:
By Mr. DICKEY:
H.R. 4796. A bill for the relief of the estate of Wallace
B. Sawyer, Jr.; to the Committee on the Judiciary.
By Mr. LANCASTER:
H.R. 4797. A bill to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
for a hopper barge; to the Committee on Merchant Marine and
Fisheries.
By Mr. TAUZIN:
H.R. 4798. A bill to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
for the vessel Spirit of the Pacific Northwest; to the
Committee on Merchant Marine and Fisheries.
Para. 78.44 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 14: Mr. Hinchey.
H.R. 40: Mr. Rangel and Mr. Thompson.
H.R. 345: Ms. Margolies-Mezvinsky.
H.R. 392: Ms. Margolies-Mezvinsky.
H.R. 402: Mr. Diaz-Balart and Mr. Levy.
H.R. 417: Mr. Royce.
H.R. 520: Mr. Klink.
H.R. 636: Mr. Machtley.
H.R. 642: Mrs. Vucanovich and Mr. Dornan.
H.R. 749: Mr. Klink.
H.R. 911: Mr. Deutsch.
H.R. 1043: Mr. Kingston.
H.R. 1080: Mr. Collins of Georgia.
H.R. 1164: Mr. McHale.
H.R. 1171: Mr. Deutsch.
H.R. 1293: Mr. Roth.
H.R. 1482: Ms. Margolies-Mezvinsky.
H.R. 1500: Mr. Bilbray and Mr. Neal of North Carolina.
H.R. 1572: Mr. Payne of New Jersey.
H.R. 1737: Mr. Hilliard.
H.R. 1852: Ms. Margolies-Mezvinsky.
H.R. 1853: Ms. Margolies-Mezvinsky.
H.R. 1857: Ms. Margolies-Mezvinsky.
H.R. 1859: Ms. Margolies-Mezvinsky.
H.R. 1877: Mr. Olver.
H.R. 1968: Mr. Deutsch.
H.R. 2036: Ms. Margolies-Mezvinsky.
H.R. 2119: Mr. Brown of California and Mr. Lantos.
H.R. 2145: Mr. Martinez, Mr. Oberstar, Mr. Emerson, Mr.
Swett, Mr. Richardson, and Mr. LaFalce.
H.R. 2147: Mr. Miller of California.
H.R. 2227: Mr. Deutsch.
H.R. 2286: Mr. Royce and Mr. Neal of North Carolina.
H.R. 2292: Mr. Barlow and Mrs. Byrne.
H.R. 2586: Mr. Gilman.
H.R. 2623: Mr. Doolittle.
H.R. 2708: Mr. Darden and Mr. Gingrich.
H.R. 2745: Mr. Sawyer.
H.R. 2826: Mr. Reynolds, Mr. Lewis of Georgia, Mr. Zimmer,
Mr. Romero-Barcelo, Ms. Ros-Lehtinen, and Mr. Gutierrez.
H.R. 2873: Mr. Deal.
H.R. 2985: Mr. Schaefer and Mr. Lantos.
H.R. 3023: Mr. Slattery, Mr. Whitten, Mr. Regula, Mr.
Lucas, Mr. McDermott, Mr. McInnis, and Mr. Matsui.
H.R. 3024: Mr. Young of Alaska.
H.R. 3270: Mr. Wynn, Mr. Dixon, Mr. Edwards of Texas, Mr.
Foglietta, Mr. Sisisky, and Mr. Washington.
H.R. 3367: Mr. Engel.
H.R. 3392: Mr. Inslee and Mr. Lucas.
H.R. 3472: Mr. Barrett of Nebraska.
H.R. 3492: Mr. Browder, Mr. Filner, Mr. DeLay, Mrs.
Thurman, Mr. Dickey, Mr. Dicks, Mr. Dooley, Mr. Wyden, Mr.
Schumer, Mr. Hoyer, Mr. Kildee, Mr. Kreidler, Mr. LaRocco,
Mr. Menendez, Mr. Rose, Mr. Sabo, Mr. Sawyer, Mr. Moakley,
Mr. Neal of North Carolina, Mr. Crane, and Mrs. Mink of
Hawaii.
H.R. 3513: Ms. Margolies-Mezvinsky.
H.R. 3546: Mr. Grandy.
H.R. 3645: Mr. Machtley and Mr. Roth.
H.R. 3668: Mr. Serrano, Mr. Foglietta, Mr. Engel, Mr.
Frost.
H.R. 3694: Mr. Williams, Mr. Mineta, and Mr. Lewis of
Florida.
H.R. 3722: Mr. Canady and Mr. Ehlers.
H.R. 3725: Mr. Gallegly, Ms. Ros-Lehtinen, Mr. Livingston,
Mr. Miller of Florida, and Mr. Blute.
H.R. 3762: Mr. Calvert.
H.R. 3772: Ms. Margolies-Mezvinsky.
H.R. 3795: Mr. Lewis of Florida and Mr. Crane.
H.R. 3814: Mr. Royce.
H.R. 3951: Mr. Stump, Mr. Klug, Ms. Eddie Bernice Johnson
of Texas, Mr. Kyl, Mr. Dickey, and Mr. Talent.
H.R. 3971: Mr. Hutchinson, Mr. McCollum, and Mr. Calvert.
H.R. 3990: Ms. Eddie Bernice Johnson of Texas, Mr. Klein,
Ms. Schenk, Mrs. Thurman, and Mr. Traficant.
H.R. 4036: Ms. Lowey and Mr. Zimmer.
H.R. 4050: Mr. Wise, Mr. Clyburn, and Mr. Conyers.
H.R. 4051: Mr. Abercrombie, Mr. Kopetski, Mr. Ackerman, and
Mr. Brown of Ohio.
H.R. 4053: Mr. Brown of California and Mr. Lantos.
H.R. 4054: Mr. Brown of California and Mr. Lantos.
H.R. 4057: Mrs. Byrne and Mr. Cooper.
H.R. 4074: Mr. Cramer, Mr. Browder, Mr. Ballenger, Mr.
Borski, Mr. Darden, Mr. Engel, and Mr. Crane.
H.R. 4091: Mr. Shays and Mr. Barrett of Wisconsin.
H.R. 4095: Mr. Greenwood.
H.R. 4129: Mr. Jefferson, Mr. Dellums, Mr. Hamburg, Mr.
Fields of Louisiana, and Mr. Scott.
H.R. 4133: Mr. Peterson of Florida.
H.R. 4161: Ms. Molinari.
H.R. 4233: Mr. Johnston of Florida.
H.R. 4271: Ms. McKinney.
H.R. 4318: Mr. Mineta and Mr. Farr.
H.R. 4393: Mr. Martinez.
H.R. 4399: Mr. Lewis of Georgia.
H.R. 4411: Mr. Obey and Mr. Hilliard.
H.R. 4413: Mr. Clement, Mr. Cooper, Mr. Hilliard, and Mr.
Frost.
H.R. 4497: Mr. Grandy, Mr. Kim, Mr. Pickle, Mr. Petri, Mr.
Penny, Mr. Holden, Mr. Walsh, Mr. Klug, Mr. McInnis, Mr.
Horn, Mr. Manzullo, Mr. Lightfoot, Mr. Oberstar, Mr. Michel,
Mr. Orton, Mr. Hochbrueckner, Mr. Inglis of South Carolina,
Mr. Calvert, Mr. Hughes, Mr. Smith of New Jersey, Mr.
McNulty, Mr. Barca of Wisconsin, Mr. Coyne, Mr. Sisisky, Mr.
Jacobs, Mr. Minge, and Mr. Neal of Massachusetts.
H.R. 4507: Mr. Greenwood.
H.R. 4514: Mr. Rahall, Mr. Coleman, Mr. Torricelli, and Mr.
Payne of New Jersey.
H.R. 4517: Mr. Holden.
H.R. 4527: Mr. Stearns, Mr. Goodling, Mr. Inglis of South
Carolina, Mr. Coleman, and Mr. Chapman.
[[Page 1241]]
H.R. 4570: Mr. Valentine and Mr. Clyburn.
H.R. 4702: Mr. Shuster, Mr. Gekas, Mr. Ridge, Mr.
Gunderson, Mr. Lipinski, Mr. Livingston, and Mr. Romero-
Barcelo.
H.R. 4737: Ms. Woolsey, Mr. Yates, and Mr. Miller of
California.
H.J. Res. 45: Mr. Hayes.
H.J. Res. 90: Mrs. Kennelly, Mr. Gallegly, Mr. Taylor of
Mississippi, Ms. Cantwell, Mr. Pastor, Mr. Gekas, and Ms.
Margolies-Mezvinsky.
H.J. Res. 256: Mr. Young of Alaska.
H.J. Res. 332: Mr. Hastert, Mr. Parker, Mr. Miller of
Florida, Mr. Levy, Mr. Towns, Mr. Ackerman, Mr. Hefner, Mr.
Royce, Mr. Hamburg, Mr. Kildee, Mrs. Vucanovich, Mr. Smith of
New Jersey, Mr. Pallone, Mr. Markey, Mrs. Meyers of Kansas,
Mr. Borski, Mr. Klink, Mr. Michel, Mr. Smith of Texas, Mr.
Hyde, Mr. Fazio, Mr. Shuster, Mr. Neal of North Carolina, Mr.
Cooper, Mr. Volkmer, Mr. Gene Green of Texas, Mr. Gonzalez,
Mr. Emerson, Mr. Brown of California, Mr. Greenwood, Mr.
DeFazio, Mr. Flake, Mr. Applegate, Mr. Inhofe, Ms. Slaughter,
Mr. Sisisky, Mr. Coleman, Mr. Engel, and Mr. Upton.
H.J. Res. 338: Mr. Kleczka, Mr. Dickey, Mr. Washington,
Mrs. Meyers of Kansas, Mr. Bilbray, Mr. Callahan, Mr.
Glickman, Mr. Roberts, and Mr. Young of Florida.
H.J. Res. 343: Mr. Barrett of Wisconsin.
H.J. Res. 347: Mr. Deutsch, Mr. Edwards of California, Mr.
Schiff, Mr. Livingston, Mr. Young of Florida, and Mr. Shaw.
H.J. Res. 358: Mr. Spratt and Mr. Spence.
H.J. Res. 362: Mr. Emerson.
H.J. Res. 374: Ms. Eddie Bernice Johnson of Texas, Mr.
Klein, Mr. LaFalce, Mr. Thompson, Mr. Peterson of Florida,
Mr. Barcia of Michigan Mr. Applegate, Mr. Shuster, Mr.
Visclosky, Mrs. Meek of Florida, Ms. English of Arizona,
Mr. Barrett of Wisconsin, Mrs. Byrne, Mr. Sawyer, Mr. Ford
of Michigan, Mr. Kildee, Mr. Kleczka, Mr. Tanner, Ms.
Lowey, Mr. Holden, Mr. Klink. Mr. Brown of Ohio, Mr.
McCloskey, Mr. Costello, Mr. Sangmeister, Mr. Skelton, Mr.
Pete Geren of Texas, Mr. Payne of Virginia, Mr. Clyburn,
Mr. Farr, Mr. Fazio, Mr. Kingston, Mr. Deal, Mr. Condit,
Mr. Sisisky, Mr. Coleman, Mr. Studds, Mr. Taylor of
Mississippi, Mr. Bilbray, Mr. Quinn, Mr. Castle, Mr.
Portman, Mr. Borski, Mr. Hinchey, Mr. Gilman, Ms. Furse,
Mrs. Unsoeld, Mr. Kennedy, Mr. Barca of Wisconsin, Mr.
Lewis of Georgia, Mr. Hamburg, Mr. Pastor, Mr. Mfume, Mr.
Watt, Mr. Becerra, Mr. Poshard, Ms. Roybal-Allard, and Ms.
Lambert.
H.J. Res. 381: Mr. Mann, Mr. Levy, Ms. Slaughter, Mr.
Frost, Mr. Hughes, Mr. McDermott, Mr. Zimmer, and Mrs. Meek
of Florida.
H.J. Res. 388: Mr. Gilman, Mr. Martinez, Mr. McCloskey, and
Mr. Bereuter.
H. Con. Res. 3: Mr. Paxon.
H. Con. Res. 127: Mr. Sawyer.
H. Con. Res. 148: Mrs. Collins of Illinois and Mr. Portman.
H. Con. Res. 166: Mr. Schiff, Mr. Zimmer, Ms. Lowey, and
Mr. Berman.
H. Con. Res. 181: Mr. Bilbray, Mr. Rahall, Mr. Frost, Mr.
Glickman, Mr. Lipinski, Mr. Bateman, Mr. Greenwood, Mr. Price
of North Carolina, Mr. Calvert, Mr. Beilenson, Ms. Brown of
Florida, and Mr. Pallone.
H. Con. Res. 243: Mr. Bacchus of Florida and Mr. Synar.
H. Con. Res. 247: Mr. Brown of California, Mr. Dingell, Mr.
Cardin, Mr. Wynn, Mrs. Maloney, Mr. Franks of New Jersey, Ms.
Norton, Mr. Manton, and Mr. Lantos.
H. Con. Res. 254: Mr. Lipinski, Mr. Sangmeister, and Ms.
Lowey.
H. Con. Res. 256: Mr. Gunderson, Mr. Petri, and Mr. Ehlers.
H. Con. Res. 261: Mr. Cunningham.
H. Con. Res. 264: Mr. Ballenger, Mr. McCollum, Mrs.
Roukema, and Mr. Solomon.
H. Res. 247: Mr. Hoke and Mr. Bilirakis.
H. Res. 432: Ms. Margolies-Mezvinsky, Mr. Frank of
Massachusetts, Mr. Dellums, and Mr. Moran.
H. Res. 453: Mr. Hall of Ohio, Mr. Dellums, Mrs. Meek of
Florida, Mr. Frank of Massachusetts, Mr. Hilliard, Mr.
Thompson, Mr. Clay, Mr. McCloskey, Mr. Reynolds, Mr. Ridge,
Mr. Foglietta, Mr. Clyburn, Ms. McKinney, Ms. Brown of
Florida. Mr. Engel, Mr. Payne of New Jersey, Mr. Gejdenson,
Mr. Minge, Mr. Schiff. Mr. Wynn, Mr. Wolf, Mr. Berman, Mr.
Shays, Mr. Washington, Mr. Deutsch, Mr. Evans, Mr. Wilson,
Ms. Slaughter, Mr. Andrews of Maine, Mr. Brown of California,
and Ms. Furse.
H. Res. 472: Mr. Livingston, Mr. Allard, Mr. Solomon, Mr.
Blute, Mr. Schaefer, Mr. Boehner, Mr. Knollenberg, Mr.
Hoekstra, Mr. Emerson, Mr. Dornan, Mrs. Johnson of
Connecticut, Mr. Lazio, and Mr. Penny.
H. Res. 476: Mr. McCloskey, Mr. Gilman, Mr. Solomon, Mrs.
Lloyd, Mr. Smith of New Jersey, Mr. Cramer, and Mr. Hughes.
.
WEDNESDAY, JULY 20, 1994 (79)
Para. 79.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. TORRES,
who laid before the House the following communication:
Washington, DC,
July 20, 1994.
I hereby designate the Honorable Esteban Torres to act as
Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Para. 79.2 approval of the journal
The SPEAKER pro tempore, Mr. TORRES, announced he had examined and
approved the Journal of the proceedings of Tuesday, July 19, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 79.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3550. A letter from the Board of Governors of the Federal
Reserve System, transmitting the staff report of the Federal
Reserve System, pursuant to 12 U.S.C. 1833; to the Committee
on Banking, Finance and Urban Affairs.
3551. A letter from the Secretary of Agriculture,
transmitting the annual report on the use of private
attorneys contracted to perform certain legal actions taken
in connection with housing programs administered by the
Farmers Home Administration [FmHA], pursuant to section
510(d)(2) of the Housing Act of 1949, as amended; to the
Committee on Banking, Finance and Urban Affairs.
3552. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-286,
``Councilmembers' Salary Freeze Temporary Amendment Act of
1994,'' pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on the District of Columbia.
3553. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a report on
employment of U.S. citizens by certain international
organizations, pursuant to Public Law 102-138, section 181
(105 Stat. 682); to the Committee on Foreign Affairs.
3554. A letter from the Acting Associate Attorney General,
Department of Justice, transmitting a report of activities
under the Freedom of Information Act for calendar year 1993,
pursuant to 5 U.S.C. 552(d); to the Committee on Government
Operations.
3555. A letter from the Deputy Associate Director for
Compliance, Department of the Interior, transmitting
notification of proposed refunds of excess royalty payments
in OCS areas, pursuant to 43 U.S.C. 1339(b); to the Committee
on Natural Resources.
3556. A letter from the Assistant Attorney General of the
United States, Department of Justice, transmitting the
Department's report on settlements for calendar year 1993 for
damages caused by the FBI, pursuant to 31 U.S.C. 3724(b); to
the Committee on the Judiciary.
3557. A letter from the Director, Office of National Drug
Control Policy, transmitting a draft of proposed legislation
to create an exception to title 18 concerning acts of
violence against civilian aircraft for situations where the
President determines that a foreign country faces a national
security threat from trafficking in illicit drugs, and that
the country has appropriate procedures in place to protect
innocent aircraft; to the Committee on the Judiciary.
3558. A letter from the Chairman, Merit Systems Protection
Board, transmitting a report entitled ``Working for America:
An Update,'' pursuant to 5 U.S.C. 1205(a)(3); to the
Committee on Post Office and Civil Service.
3559. A letter from the Secretary, Department of the
Interior, transmitting a copy of the annual report for fiscal
year 1992 covering the Outer Continental Shelf [OCS] Natural
Gas and Oil Leasing and Production Program, pursuant to 43
U.S.C. 1343; jointly, to the Committees on Natural Resources
and Merchant Marine and Fisheries.
Para. 79.4 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed without amendment a bill of the House of the
following title:
H.R. 1873. An Act to require certain payments made to
victims of Nazi persecution to be disregarded in determining
eligibility for and the amount of benefits or services based
on need.
The message also announced that the Senate had passed with amendments
in which the concurrence of the House is requested, a bill of the House
of the following title:
H.R. 4426. An Act making appropriations for foreign
operations, export financing, and related programs for the
fiscal year ending September 30, 1995.
The message also announced that the Senate insisted upon its
amendments to the bill (H.R. 4426) ``An Act making appropriations for
foreign operations, export financing, and related programs for the
fiscal year ending September 30, 1995'' requested a conference with the
House on the disagreeing votes of the two Houses thereon, and appointed
Mr. Leahy, Mr. Inouye, Mr. DeConcini, Mr. Lautenberg, Mr. Harkin, Ms.
Mikulski, Mrs. Feinstein, Mr. Byrd, Mr. McConnell, Mr. D'Amato, Mr.
Specter, Mr. Nickles, Mr. Mack, Mr. Gramm, and Mr. Hatfield, to be the
conferees on the part of the Senate.
The message also announced that the Senate had passed a bill of the
following title, in which the concurrence of the House is requested:
S. 2208. An Act to authorize appropriations for fiscal year
1995 for military activities of
[[Page 1242]]
the Department of Defense, to prescribe personnel strengths
for such fiscal year for the Armed Forces, and for other
purposes.
Para. 79.5 intelligence authorization
The SPEAKER pro tempore, Mr. HUTTO, pursuant to House Resolution 468
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 4299) to authorize appropriations for fiscal year 1995
for intelligence and intelligence-related activities of the United
States Government, the Community management account, and the Central
Intelligence Agency Retirement and Disability System, and for other
purposes.
Mr. WISE, Acting Chairman, assumed the chair; and after some time
spent therein,
Para. 79.6 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. FRANK:
Page 4, after line 23, add the following:
SEC. 104. REDUCTION IN COUNTERNARCOTIC AND DRUG INTERDICTION
FUNDS.
The amounts authorized to be appropriated under section 101
for counternarcotic activities and drug interdiction, as
specified in the classified Schedule of Authorizations
prepared to accompany the bill H.R. 4299 of the One Hundred
Third Congress, are hereby reduced by $100,000,000.
It was decided in the
Yeas
18
<3-line {>
negative
Nays
406
Para. 79.7 [Roll No. 335]
AYES--18
Conyers
DeFazio
Edwards (CA)
Frank (MA)
Jacobs
Kanjorski
McDermott
Murphy
Nadler
Norton (DC)
Obey
Olver
Penny
Schroeder
Synar
Velazquez
Visclosky
Yates
NOES--406
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inslee
Istook
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Neal (MA)
Neal (NC)
Nussle
Oberstar
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Vento
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--15
Bateman
Clyburn
Faleomavaega (AS)
Gallo
Gutierrez
Inhofe
McDade
Owens
Pickett
Ros-Lehtinen
Sisisky
Stark
Stokes
Underwood (GU)
Washington
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. TORRES, assumed the Chair.
When Mr. PETERSON of Florida, Acting Chairman, pursuant to House
Resolution 468, reported the bill back to the House with an amendment
adopted by the Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intelligence Authorization
Act for Fiscal Year 1995''.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 1995 for the conduct of the intelligence and
intelligence-related activities of the following elements of
the United States Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The National Reconnaissance Office.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Department of State.
(8) The Department of the Treasury.
(9) The Department of Energy.
(10) The Federal Bureau of Investigation.
(11) The Drug Enforcement Administration.
(12) The Central Imagery Office.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Ceilings.--The
amounts authorized to be appropriated under section 101, and
the authorized personnel ceilings as of September 30, 1995,
for the conduct of the intelligence and intelligence-related
activities of the elements listed in such section, are those
specified in the classified Schedule of Authorizations
prepared to accompany the bill H.R. 4299 of the One Hundred
Third Congress.
(b) Availability of Classified Schedule of
Authorizations.--The Schedule of Authorizations shall be made
available to the Committees on Appropriations of the Senate
and House of Representatives and to the President. The
President shall provide for suitable distribution of the
Schedule, or of appropriate portions of the Schedule, within
the executive branch.
SEC. 103. COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Community Management Account of
the Director of Central Intelligence for fiscal year 1995 the
sum of $91,800,000. Within such amounts authorized, funds
identified in the classified Schedule of Authorizations
referred to in section 102(a) for the Advanced Research and
Development Committee and the Environmental Task Force shall
remain available until September 30, 1996.
(b) Authorized Personnel Levels.--The Community Management
Account of the Director of Central Intelligence is authorized
[[Page 1243]]
209 full-time personnel as of September 30, 1995. Such
personnel of the Community Management Account may be
permanent employees of the Community Management Account or
personnel detailed from other elements of the United States
Government.
(c) Reimbursement.--During fiscal year 1995, any officer or
employee of the United States or a member of the Armed Forces
who is detailed to the Community Management Staff from
another element of the United States Government shall be
detailed on a reimbursable basis, except that any such
officer, employee or member may be detailed on a
nonreimbursable basis for a period of less than one year for
the performance of temporary functions as required by the
Director of Central Intelligence.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fiscal
year 1995 the sum of $198,000,000.
TITLE III--GENERAL PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this Act for salary, pay,
retirement, and other benefits for Federal employees may be
increased by such additional or supplemental amounts as may
be necessary for increases in such compensation or benefits
authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not
be deemed to constitute authority for the conduct of any
intelligence activity which is not otherwise authorized by
the Constitution or laws of the United States.
SEC. 303. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.
(a) Sense of Congress.--It is the sense of the Congress
that, to the greatest extent practicable, all equipment and
products purchased with funds made available in this Act
should be American-made.
(b) Notice Requirement.--In providing financial assistance
to, or entering into any contract with, any entity using
funds made available in this Act, the head of each agency of
the Federal or District of Columbia government, to the
greatest extent practicable, shall provide to such entity a
notice describing the statement made in subsection (a) by the
Congress.
SEC. 304. DISCLOSURE OF CLASSIFIED INFORMATION BY MEMBERS OF
CONGRESS.
During the fiscal year 1995, no element of the United
States Government for which funds are authorized in this Act
may provide any classified information concerning or derived
from the intelligence or intelligence-related activities of
any such element to a Member of the House of Representatives
unless and until a copy of the following oath of secrecy has
been signed by that Member and has been published in the
Congressional Record.
``I do solemnly swear that I will not willfully directly or
indirectly disclose to any unauthorized person any classified
information received from any department of the Government
funded in the Intelligence Authorization Act for Fiscal Year
1995 in the course of my duties as a Member of the United
States House of Representatives, except pursuant to the Rules
and Procedures of the House.''.
SEC. 305. DISCLOSURE OF CLASSIFIED INFORMATION BY MEMBERS OF
CONGRESS AND EXECUTIVE BRANCH OFFICERS AND
EMPLOYEES.
During the fiscal year 1995, no element of the United
States Government for which funds are authorized in this Act
may provide any classified information concerning or derived
from the intelligence or intelligence-related activities of
such element to a Member of Congress or to an officer or
employee of the executive branch of the United States
Government unless and until a copy of the following oath of
secrecy has been signed by that Member, or officer or
employee, as the case may be, and has been published, in an
appropriate manner, in the Congressional Record:
``I do solemnly swear that I will not willfully directly or
indirectly disclose to any unauthorized person any classified
information received from any department of the Government
funded in the Intelligence Authorization Act for Fiscal Year
1995 in the course of my duties as a Member of Congress
(except pursuant to the rules and procedures of the
appropriate House of the Congress), or as an officer or
employee in the executive branch of the Government, as the
case may be.''.
As used in this section, the term ``Member of Congress''
means a Member of the Senate or a Representative in, or a
Delegate or Resident Commissioner to, the House of
Representatives.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
SEC. 401. ILLNESS OR INJURY REQUIRING HOSPITALIZATION.
Section 4(a)(5) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403(e)(a)) is amended--
(1) in subparagraph (A)--
(A) by striking ``, not the result of vicious habits,
intemperance, or misconduct on his part,'';
(B) by striking ``he shall deem'' and inserting ``the
Director deems'';
(C) by striking ``section 10 of the Act of March 3, 1933
(47 Stat. 1516; 5 U.S.C. 73b)'' and inserting ``section 5731
of title 5, United States Code'';
(D) by striking ``his recovery'' and inserting ``the
recovery of such officer or employee''; and
(E) by striking ``his return to his post'' and inserting
``the return to the post of duty of such officer or
employee'';
(2) in subparagraph (B), by striking ``his opinion'' both
places it appears and inserting ``the opinion of the
Director''; and
(3) in subparagraph (C), by striking ``, not the result of
vicious habits, intemperance, or misconduct on his part,''.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
SEC. 501. CENTRAL IMAGERY OFFICE CIVILIAN PERSONNEL
MANAGEMENT.
(a) General Provisions.--Chapter 83 of title 10, United
States Code, is amended as follows:
(1) By amending the heading of the chapter to read as
follows:
``CHAPTER 83--DEFENSE INTELLIGENCE AGENCY AND CENTRAL IMAGERY OFFICE
CIVILIAN PERSONNEL''.
(2) In section 1601--
(A) by inserting ``and the Central Imagery Office'' after
``Defense Intelligence Agency'' in subsection (a);
(B) by inserting ``or the Central Imagery Office'' after
``outside the Defense Intelligence Agency'' and inserting ``,
the Central Imagery Office,'' after ``to the Defense
Intelligence Agency'' in subsection (d); and
(C) by inserting ``and the Central Imagery Office'' after
``Defense Intelligence Agency'' in subsection (e).
(3) In section 1602, by inserting ``and Central Imagery
Office'' after ``Defense Intelligence Agency''.
(4) In section 1604--
(A) by inserting ``and the Central Imagery Office,'' after
``Defense Intelligence Agency'' in subsection (a)(1);
(B) by inserting ``or the Central Imagery Office'' after
``Defense Intelligence Agency'' in both places it occurs in
the second sentence of subsection (b);
(C) by inserting ``or the Central Imagery Office'' after
``Defense Intelligence Agency'' in subsection (c);
(D) by inserting ``and the Central Imagery Office'' after
``Defense Intelligence Agency'' in subsection (d);
(E) by inserting ``or the Central Imagery Office'' after
``Defense Intelligence Agency'' in subsection (e)(1); and
(F) in subsection (e)(3)--
(i) by amending the first sentence to read as follows:
``The Secretary of Defense may delegate authority under this
subsection only to the Deputy Secretary of Defense, the
Director of the Defense Intelligence Agency, the Director of
the Central Imagery Office, or all three.''; and
(ii) by striking ``either'' and inserting ``any''.
(b) Conforming Change to Title 10.--The items relating to
chapter 83 in the tables of chapters at the beginning of
subtitle A, and at the beginning of part II of subtitle A, of
title 10, United States Code, are amended to read as follows:
``83. Defense Intelligence Agency and Central Imagery Office Civilian
Personnel...................................................1601''.
(c) Chapter 23 of Title 5.--Section 2302(a)(2)(C)(ii) of
title 5, United States Code, is amended by inserting ``the
Central Imagery Office,'' after ``Defense Intelligence
Agency,''.
(d) Chapter 31 of Title 5.--Section 3132(a)(1)(B) of title
5, United States Code, is amended by inserting ``the Central
Imagery Office,'' after ``Defense Intelligence Agency,''.
(e) Chapter 43 of Title 5.--Section 4301(1)(B)(ii) of title
5, United States Code, is amended by inserting ``the Central
Imagery Office,'' after ``Defense Intelligence Agency,''.
(f) Chapter 47 of Title 5.--Section 4701(a)(1)(B) of title
5, United States Code, is amended by inserting ``the Central
Imagery Office,'' after ``Defense Intelligence Agency,''.
(g) Chapter 51 of Title 5.--Section 5102(a)(1) of title 5,
United States Code, is amended--
(1) by striking ``or'' at the end of clause (ix);
(2) by striking the period at the end of clause (x) and
inserting ``; or''; and
(3) by adding at the end the following:
``(xi) the Central Imagery Office, Department of
Defense.''.
(h) Chapter 51 of Title 5.--Section 5342(a)(1) of title 5,
United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (J);
(2) by inserting ``or'' after the semicolon at the end of
subparagraph (K); and
(3) by adding at the end the following:
``(L) the Central Imagery Office, Department of Defense;''.
(i) Additional Leave Transfer Programs.--(1) Section
6339(a)(1) of title 5, United States Code, is amended--
(A) by striking ``and'' at the end of subparagraph (D);
(B) by redesignating subparagraph (E) as subparagraph (F);
and
(C) by inserting after subparagraph (D) the following new
subparagraph (E):
``(E) the Central Imagery Office; and''.
(2) Section 6339(a)(2) of such title is amended--
[[Page 1244]]
(A) by striking ``and'' at the end of subparagraph (D);
(B) by redesignating subparagraph (E) as subparagraph (F);
(C) by inserting after subparagraph (D) the following new
subparagraph (E):
``(E) with respect to the Central Imagery Office, the
Director of the Central Imagery Office; and''; and
(D) in subparagraph (F), as redesignated by subparagraph
(B) of this paragraph, by striking ``paragraph (1)(E)'' and
inserting ``paragraph (1)(F)'' both places it appears.
(j) Chapter 71 of Title 5.--Section 7103(a)(3) of title 5,
United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (F);
(2) by inserting ``or'' at the end of subparagraph (G); and
(3) by adding at the end the following:
``(H) the Central Imagery Office;''.
(k) Chapter 73 of Title 5.--Section 7323(b)(2)(B)(i) of
title 5, United States Code, is amended--
(1) by striking ``or'' at the end of subclause (XI); and
(2) by adding at the end the following:
``(XIII) the Central Imagery Office; or''.
(l) Chapter 75 of Title 5.--Section 7511(b)(8) of title 5,
United States Code, is amended by inserting ``the Central
Imagery Office,'' after ``Defense Intelligence Agency,''.
(m) Ethics in Government Act of 1978.--Section 105(a)(1) of
the Ethics in Government Act of 1978 (5 U.S.C. App.) is
amended by inserting ``the Central Imagery Office,'' after
``Defense Intelligence Agency,''.
(n) Employee Polygraph Protection Act of 1988.--Section
7(b)(2)(A)(i) of the Employee Polygraph Protection Act of
1988 (29 U.S.C. 2006(b)(2)(A)(i)) is amended by inserting
``the Central Imagery Office,'' after ``Defense Intelligence
Agency,''.
SEC. 502. DISCLOSURE OF GOVERNMENTAL AFFILIATION BY
DEPARTMENT OF DEFENSE INTELLIGENCE PERSONNEL
OUTSIDE OF THE UNITED STATES.
(a) General Provisions.--Chapter 21 of title 10, United
States Code, is amended by adding at the end thereof the
following new section:
``Sec. 426. Disclosure of governmental affiliation by
Department of Defense intelligence personnel outside the
United States
``Notwithstanding section 552a(e)(3) of title 5 or any
other provision of law, Department of Defense intelligence
personnel shall not be required, outside the United States,
to give notice of governmental affiliation to potential
United States person sources during the initial assessment
contact. For the purposes of this section, the term `United
States' includes the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, and any
territory or possession of the United States.''.
(b) Clerical Amendment.--The table of sections for
subchapter I of such chapter is amended by adding at the end
thereof the following new item:
``426. Disclosure of governmental affiliation by Department of Defense
intelligence personnel outside the United States.''.
TITLE VI--INSPECTORS GENERAL
SEC. 601. INSPECTORS GENERAL FOR DIA, NSA, AND CIA.
(a) DIA.--
(1) Purposes.--The purposes of this subsection are to--
(A) create an objective and effective office, appropriately
accountable to the Congress, to initiate and conduct
independently inspections, investigations, and audits
relating to programs and operations of the Defense
Intelligence Agency;
(B) provide leadership and recommend policies designed to
promote economy, efficiency, and effectiveness in the
administration of such programs and operations, and detect
fraud and abuse in such programs and operations;
(C) provide a means for keeping the Director of the Defense
Intelligence Agency fully and currently informed about
problems and deficiencies relating to the administration of
such programs and operations, and the necessity for and the
progress of corrective actions; and
(D) in the manner prescribed by the amendments made by this
subsection, ensure that the Senate Select Committee on
Intelligence and the House Permanent Select Committee on
Intelligence are kept similarly informed of significant
problems and deficiencies as well as the necessity for and
the progress of corrective actions.
(2) Establishment of office of inspector general.--The
first section 8G of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(A) in subsection (a)(2) by inserting after ``the United
States International Trade Commission,'' the following: ``the
Defense Intelligence Agency,''; and
(B) by adding at the end the following:
``(i)(1) The Inspector General of the Defense Intelligence
Agency shall be appointed by the Director of the Defense
Intelligence Agency (in this subsection referred to as the
`Director') without regard to political affiliation and on
the basis of integrity, compliance with the security
standards of the Defense Intelligence Agency, and prior
experience in the field of foreign intelligence and in a
Federal office of Inspector General.
``(2)(A) Notwithstanding the second sentence of section
8G(d), the Director may prohibit the Inspector General of the
Defense Intelligence Agency from initiating, carrying out, or
completing any audit, inspection, or investigation if the
Director determines that such prohibition is necessary to
protect vital national security interests of the United
States.
``(B) If the Director exercises any power under
subparagraph (A), the Director shall submit an appropriately
classified statement of the reasons for the exercise of such
power within 7 days to the intelligence committees. The
Director shall advise the Inspector General at the time such
report is submitted, and, to the extent consistent with the
protection of intelligence sources and methods, provide the
Inspector General with a copy of any such report. In such
cases, the Inspector General may submit such comments to the
intelligence committees that the Director considers
appropriate.
``(3) The Inspector General of the Defense Intelligence
Agency shall take due regard for the protection of
intelligence sources and methods in the preparation of all
reports issued by the Office of Inspector General of the
Defense Intelligence Agency, and, to the extent consistent
with the purpose and objective of such reports, take such
measures as may be appropriate to minimize the disclosure of
intelligence sources and methods described in such reports.
``(4)(A) The Inspector General of the Defense Intelligence
Agency shall, not later than January 31 and July 31 of each
year, prepare and submit to the Director a classified
semiannual report summarizing the activities of the Office of
Inspector General of the Defense Intelligence Agency during
the immediately preceding 6-month period ending December 31
(of the preceding year) and June 30, respectively. Within 30
days after receipt of such reports, the Director shall
transmit such reports to the intelligence committees with any
comments the Director may deem appropriate. Such reports
shall, at a minimum, include a list of the title or subject
of each inspection, investigation, or audit conducted during
the reporting period and--
``(i) a description of significant problems, abuses, and
deficiencies relating to the administration of programs and
operations of the Defense Intelligence Agency identified by
the Office during the reporting period;
``(ii) a description of the recommendations for corrective
action made by the Office during the reporting period with
respect to significant problems, abuses, or deficiencies
identified in clause (i);
``(iii) a statement of whether corrective action has been
completed on each significant recommendation described in
previous semiannual reports, and, in a case where corrective
action has been completed, a description of such corrective
action;
``(iv) a certification that the Inspector General has had
full and direct access to all information relevant to the
performance of the functions of the Inspector General;
``(v) a description of all cases occurring during the
reporting period where the Inspector General could not obtain
documentary evidence relevant to any inspection, audit, or
investigation due to the lack of authority to subpoena such
information; and
``(vi) such recommendations as the Inspector General may
wish to make concerning legislation to promote economy and
efficiency in the administration of programs and operations
undertaken by the Defense Intelligence Agency, and to detect
and eliminate fraud and abuse in such programs and
operations.
``(B) The Inspector General of the Defense Intelligence
Agency shall report immediately to the Director whenever the
Inspector General becomes aware of particularly serious or
flagrant problems, abuses, or deficiencies relating to the
administration of programs or operations. The Director shall
transmit such report to the intelligence committees within 7
calendar days, together with any comments the Director
considers appropriate.
``(C) In the event that--
``(i) the Inspector General of the Defense Intelligence
Agency is unable to resolve any differences with the Director
affecting the execution of the Inspector General's duties or
responsibilities; or
``(ii) the Inspector General, after exhausting all possible
alternatives, is unable to obtain significant documentary
information in the course of an investigation, inspection, or
audit,
the Inspector General shall immediately report such matter to
the intelligence committees.
``(D) Section 5 shall not apply to the Inspector General
and the Office of Inspector General of the Defense
Intelligence Agency.
``(5) Subject to applicable law and the policies of the
Director, the Inspector General of the Defense Intelligence
Agency shall select, appoint, and employ such officers and
employees as may be necessary to carry out the functions of
the Inspector General. In making such selections, the
Inspector General shall ensure that such officers and
employees have the requisite training and experience to
enable the Inspector General to carry out the duties of the
Inspector General effectively. In this regard, the Inspector
General shall create within the organization of the Inspector
General a career cadre of sufficient size to provide
appropriate continuity and objectivity needed for the
effective performance of the duties of the Inspector General.
``(6) Beginning with fiscal year 1996, there shall be
included in the National Foreign Intelligence Program budget
a separate ac-
[[Page 1245]]
count for the Office of Inspector General of the Defense
Intelligence Agency.
``(7) In this subsection, the term `intelligence
committees' means the Permanent Select Committee on
Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate.''.
(3) Implementation.--The Director of the Defense
Intelligence Agency shall, by not later than 60 days after
the date of the enactment of this Act and in accordance with
the amendments made by this subsection--
(A) establish the Office of Inspector General of the
Defense Intelligence Agency;
(B) appoint the Inspector General of the Defense
Intelligence Agency; and
(C) transfer to that Office the office of the Defense
Intelligence Agency on the day before the date of the
enactment of this Act known as the ``Office of Inspector
General''.
(4) Transfer of resources of existing office.--The
personnel, assets, liabilities, contracts, property, records,
and unexpended balances of appropriations, authorizations,
allocations, and other funds employed, held, used, arising
from, or available to the office in the Defense Intelligence
Agency on the day before the date of the enactment of this
Act known as ``Office of Inspector General'' are hereby
transferred to the Office of Inspector General of the Defense
Intelligence Agency established under the amendments made by
this subsection.
(5) Termination of existing office.--The office in the
Defense Intelligence Agency on the day before the date of the
enactment of this Act known as ``Office of Inspector
General'' is terminated effective on the date of the
establishment of the Office of Inspector General of the
Defense Intelligence Agency pursuant to the amendments made
by this subsection.
(6) Conforming amendment.--The first section 8G of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended in
subsection (c) by striking ``subsection (f)'' and inserting
``subsections (f) and (i)''.
(7) Reports to intelligence committees.--
(A) Reporting requirement.--Subchapter I of chapter 21 of
title 10, United States Code, is amended after section 426,
as added by section 502 of this Act, by inserting the
following new section:
``Sec. 427. Reports on activities of the Office of Inspector
General of the Defense Intelligence Agency
``(a) Reporting Requirement.--The Director of the Defense
Intelligence Agency shall submit to the intelligence
committees any report or findings and recommendations of an
inspection, investigation, or audit conducted by the Office
of Inspector General of the Defense Intelligence Agency which
has been requested by the Chairman or Ranking Minority Member
of either of the intelligence committees.
``(b) Intelligence Committees Defined.--In this section,
the term `intelligence committees' means the Permanent Select
Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate.''.
(B) Clerical amendment.--The analysis at the beginning of
subchapter I of chapter 23 of title 10, United States Code,
is amended by adding at the end the following:
``427. Reports on activities of the Office of Inspector General of the
Defense Intelligence Agency.''.
(b) NSA.--
(1) Purposes.--The purposes of this subsection are to--
(A) create an objective and effective office, appropriately
accountable to Congress, to initiate and conduct
independently inspections, investigations, and audits
relating to programs and operations of the National Security
Agency;
(B) provide leadership and recommend policies designed to
promote economy, efficiency, and effectiveness in the
administration of such programs and operations, and detect
fraud and abuse in such programs and operations;
(C) provide a means for keeping the Director of the
National Security Agency fully and currently informed about
problems and deficiencies relating to the administration of
such programs and operations, and the necessity for and the
progress of corrective actions; and
(D) in the manner prescribed by the amendments made by this
subsection, ensure that the Senate Select Committee on
Intelligence and the House Permanent Select Committee on
Intelligence are kept similarly informed of significant
problems and deficiencies as well as the necessity for and
the progress of corrective actions.
(2) Establishment of office of inspector general.--The
first section 8G of that Act is amended--
(A) in subsection (a)(2), as amended by subsection (a)(2)
of this section, by inserting after ``the Defense
Intelligence Agency,'' the following: ``the National Security
Agency,''; and
(B) by adding after subsection (i), as added by subsection
(a)(2) of this section, the following:
``(j)(1) The Inspector General of the National Security
Agency shall be appointed by the Director of the National
Security Agency (in this subsection referred to as the
`Director') without regard to political affiliation and on
the basis of integrity, compliance with the security
standards of the National Security Agency, and prior
experience in the field of foreign intelligence and in a
Federal office of Inspector General.
``(2)(A) Notwithstanding the second sentence of section
8G(d), the Director may prohibit the Inspector General of the
National Security Agency from initiating, carrying out, or
completing any audit, inspection, or investigation if the
Director determines that such prohibition is necessary to
protect vital national security interests of the United
States.
``(B) If the Director exercises any power under
subparagraph (A), the Director shall submit an appropriately
classified statement of the reasons for the exercise of such
power within 7 days to the intelligence committees. The
Director shall advise the Inspector General at the time such
report is submitted, and, to the extent consistent with the
protection of intelligence sources and methods, provide the
Inspector General with a copy of any such report. In such
cases, the Inspector General may submit such comments to the
intelligence committees that the Director considers
appropriate.
``(3) The Inspector General of the National Security Agency
shall take due regard for the protection of intelligence
sources and methods in the preparation of all reports issued
by the Office of Inspector General of the National Security
Agency, and, to the extent consistent with the purpose and
objective of such reports, take such measures as may be
appropriate to minimize the disclosure of intelligence
sources and methods described in such reports.
``(4)(A) The Inspector General of the National Security
Agency shall, not later than January 31 and July 31 of each
year, prepare and submit to the Director a classified
semiannual report summarizing the activities of the Office of
Inspector General of the National Security Agency during the
immediately preceding 6-month period ending December 31 (of
the preceding year) and June 30, respectively. Within 30 days
after receipt of such reports, the Director shall transmit
such reports to the intelligence committees with any comments
the Director may deem appropriate. Such reports shall, at a
minimum, include a list of the title or subject of each
inspection, investigation, or audit conducted during the
reporting period and--
``(i) a description of significant problems, abuses, and
deficiencies relating to the administration of programs and
operations of the National Security Agency identified by the
Office during the reporting period;
``(ii) a description of the recommendations for corrective
action made by the Office during the reporting period with
respect to significant problems, abuses, or deficiencies
identified in clause (i);
``(iii) a statement of whether corrective action has been
completed on each significant recommendation described in
previous semiannual reports, and, in a case where corrective
action has been completed, a description of such corrective
action;
``(iv) a certification that the Inspector General has had
full and direct access to all information relevant to the
performance of the functions of the Inspector General;
``(v) a description of all cases occurring during the
reporting period where the Inspector General could not obtain
documentary evidence relevant to any inspection, audit, or
investigation due to the lack of authority to subpoena such
information; and
``(vi) such recommendations as the Inspector General may
wish to make concerning legislation to promote economy and
efficiency in the administration of programs and operations
undertaken by the National Security Agency, and to detect and
eliminate fraud and abuse in such programs and operations.
``(B) The Inspector General of the National Security Agency
shall report immediately to the Director whenever the
Inspector General becomes aware of particularly serious or
flagrant problems, abuses, or deficiencies relating to the
administration of programs or operations. The Director shall
transmit such report to the intelligence committees within 7
calendar days, together with any comments the Director
considers appropriate.
``(C) In the event that--
``(i) the Inspector General of the National Security Agency
is unable to resolve any differences with the Director
affecting the execution of the Inspector General's duties or
responsibilities; or
``(ii) the Inspector General, after exhausting all possible
alternatives, is unable to obtain significant documentary
information in the course of an investigation, inspection, or
audit,
the Inspector General shall immediately report such matter to
the intelligence committees.
``(D) Section 5 shall not apply to the Inspector General
and the Office of Inspector General of the National Security
Agency.
``(5) Subject to applicable law and the policies of the
Director, the Inspector General of the National Security
Agency shall select, appoint, and employ such officers and
employees as may be necessary to carry out the functions of
the Inspector General. In making such selections, the
Inspector General shall ensure that such officers and
employees have the requisite training and experience to
enable the Inspector General to carry out the duties of the
Inspector General effectively. In this regard, the Inspector
General shall create within the organization of the Inspector
General a career cadre of sufficient size to provide
appropriate continuity and objectivity needed for the
effective performance of the duties of the Inspector General.
``(6) Beginning with fiscal year 1996, there shall be
included in the National Foreign Intelligence Program budget
a separate account for the Office of Inspector General of the
National Security Agency.
[[Page 1246]]
``(7) In this subsection, the term `intelligence
committees' means the Permanent Select Committee on
Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate.''.
(3) Implementation.--The Director of the National Security
Agency shall, by not later than 60 days after the date of the
enactment of this Act and in accordance with the amendments
made by this subsection--
(A) establish the Office of Inspector General of the
National Security Agency;
(B) appoint the Inspector General of the National Security
Agency; and
(C) transfer to that Office the office of the National
Security Agency on the day before the date of the enactment
of this Act known as the ``Office of Inspector General''.
(4) Transfer of resources of existing office.--The
personnel, assets, liabilities, contracts, property, records,
and unexpended balances of appropriations, authorizations,
allocations, and other funds employed, held, used, arising
from, or available to the office in the National Security
Agency on the day before the date of the enactment of this
Act known as ``Office of Inspector General'' are hereby
transferred to the Office of Inspector General of the
National Security Agency established under the amendments
made by this subsection.
(5) Termination of existing office.--The office in the
National Security Agency on the day before the date of the
enactment of this Act known as ``Office of Inspector
General'' is terminated effective on the date of the
establishment of the Office of Inspector General of the
National Security Agency pursuant to the amendments made by
this subsection.
(6) Conforming amendments.--The first section 8G of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended in
subsection (c), as amended by subsection (a)(6) of this
section, by striking ``subsections (f) and (i)'' and
inserting ``subsections (f), (i), and (j)''.
(7) Reports to intelligence committees.--The National
Security Agency Act of 1959 (50 U.S.C. 402 note) is amended
by adding at the end the following:
``Sec. 19. (a) The Director of the National Security Agency
shall submit to the intelligence committees any report or
findings and recommendations of an inspection, investigation,
or audit conducted by the Office of Inspector General of the
National Security Agency which has been requested by the
Chairman or Ranking Minority Member of either of the
intelligence committees.
``(b) In this section, the term `intelligence committees'
means the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.''.
(8) Relationship of inspector general of department of
defense to those of dia and nsa.--Section 8 of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended by adding at
the end the following:
``(h)(1) The Inspector General of the Department of Defense
shall not have any authority to conduct any activity with
respect to any matter that the Secretary of Defense
determines relates solely to the Defense Intelligence Agency
or the National Security Agency.
``(2) Upon request of the Inspector General of the Defense
Intelligence Agency or the National Security Agency, the
Inspector General of the Department of Defense may provide to
the Inspector General making the request such resources
(including personnel) as are appropriate to enable that
Inspector General to carry out activities authorized by this
Act.''.
(c) CIA.--Section 17 of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 403q) is amended--
(1) in subsection (b)(1)--
(A) by striking ``foreign intelligence.'' and inserting
``foreign intelligence and in a Federal office of Inspector
General.'';
(B) by striking ``or'' after ``analysis,''; and
(C) by striking the period at the end thereof and inserting
``, or auditing.'';
(2) in subsection (c)(1), by striking ``to conduct'' and
inserting ``to plan, conduct'';
(3) in subsection (d)(1)--
(A) by striking ``June 30 and December 31'' and inserting
``January 31 and July 31'';
(B) by striking ``period.'' at the end of the first
sentence and inserting ``periods ending December 31 (of the
preceding year) and June 30, respectively.''; and
(C) by inserting ``of receipt of such reports'' after
``thirty days'';
(4) in subsection (d)(3)(C), by inserting ``inspection, or
audit,'' after ``investigation,'';
(5) in subsection (d)(4), by inserting ``or findings and
recommendations'' after ``report''; and
(6) in subsection (e)(6)--
(A) by striking ``it is the sense of Congress that''; and
(B) by striking ``should'' and inserting ``shall''.
TITLE VII--CLASSIFICATION MANAGEMENT
SEC. 701. DECLASSIFICATION PLAN.
Each agency of the National Foreign Intelligence Program to
which is appropriated more than $1,000,000 in the security,
countermeasures, and related activities structural category
for fiscal year 1995 shall allocate at least two percent of
their total expenditure in this structural category for
fiscal year 1995 to the classification management
consolidated expenditure center, to be used for the following
activities:
(1) Development of a phased plan to implement
declassification guidelines contained in the executive order
which replaces Executive Order 12356. Each such agency shall
provide the plan to Congress within 90 days after the
beginning of fiscal year 1995 or 90 days after the
publication of such replacement executive order, whichever is
later. This plan shall include an accounting of the amount of
archived material, levels of classification, types of storage
media and locations, review methods to be employed, and
estimated costs of the declassification activity itself; as
well as an assessment by the agency of the appropriate types
and amounts of information to be maintained in the future,
how it will be stored, safeguarded, and reviewed, and the
projected costs of these classification management activities
for the succeeding five years.
(2) Commencement of the process of declassification and
reduction of the amount of archived classified documents
maintained by each agency.
(3) Submission of a report to the Permanent Select
Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate within 90
days after the end of fiscal year 1995 on the progress made
in carrying out paragraph (2), with reference to the plan
required by paragraph (1).
SEC. 702. CLASSIFICATION AND DECLASSIFICATION OF INFORMATION.
(a) Plan.--Not later than 90 days after the date of
enactment of this Act, the President shall develop a plan,
and issue an executive order for its implementation, which
provides for the classification and declassification of
information. It is the sense of Congress that the plan should
provide for the following:
(1) A test for the classification of information which
balances the public's right to know against identifiable harm
to the national security which will result from public
disclosure.
(2) A narrow definition of the categories of information
subject to classification to avoid excessive classification.
(3) Classification periods of reasonably short duration,
and a determination of the date when or event upon which
declassification of such information shall occur, with a
recognition that extension of such period may be required in
certain circumstances.
(4) Automatic declassification at the expiration of the
classification period.
(b) Submission to Congress; Effective Date.--The plan and
executive order referred to in subsection (a) may not take
effect until after 30 days after the date on which such plan
and proposed regulation is submitted to the Permanent Select
Committee on Intelligence and the Committee on Government
Operations of the House of Representatives and the Select
Committee on Intelligence and the Committee on Governmental
Affairs of the Senate.
SEC. 703. REPORT CONCERNING THE COST OF CLASSIFICATION.
Not later than 7 days after the date of the enactment of
this Act, the Director of Central Intelligence shall submit
to the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate a report (in a classified and
unclassified form) which identifies the following:
(1) The cost of classifying documents and keeping
information classified by each agency within the intelligence
community.
(2) The number of personnel within each such agency
assigned to classifying documents and keeping information
classified.
(3) A plan to reduce expenditures for classifying
information and for keeping information classified, which
shall include specific expenditure reduction goals for fiscal
year 1995 for each such agency.
TITLE VIII--COUNTERINTELLIGENCE
SEC. 801. ACCESS TO CLASSIFIED INFORMATION.
(a) In General.--The National Security Act of 1947 (50
U.S.C. 401 et seq.) is amended by adding at the end thereof
the following new title:
``TITLE VIII--ACCESS TO CLASSIFIED INFORMATION
``rule of application
``Sec. 801. The President and Vice President, Members of
the Congress (including any Resident Commissioner and
Delegate to the House of Representatives), Justices of the
Supreme Court, and Federal judges appointed by the President
shall, by virtue of their elected or appointed positions, be
entitled to access to classified information needed for the
performance of their governmental functions without regard to
the other provisions of this title.
``regulations
``Sec. 802. (a) The President shall, within 180 days after
enactment of this title, direct the issuance of a regulation
to implement this title.
``(b) The regulation issued pursuant to subsection (a) may
not take effect until after 30 days after the date on which
the regulation is submitted to the Congress.
``consent for access to financial information
``Sec. 803. Except as may be provided for in the regulation
issued under section 802 of this title, after such regulation
takes effect, no person shall be given access to classified
information by any department, agency, or office of the
executive branch unless such person has provided consent in
accordance with this section. Such consent shall be provided
to the investigative agency responsible for conducting the
security investigation of such person, or in the case of a
person who is an employee of the legislative branch or the
[[Page 1247]]
judicial branch, to the employing office of such employee.
Such consent shall be provided during the initial background
investigation, for such times as access to such information
is maintained, and for three years thereafter. Such consent
shall permit access to--
``(1) financial records held by a financial agency or
financial institution;
``(2) consumer reports held by a consumer credit reporting
agency; and
``(3) records maintained by commercial entities within the
United States pertaining to any travel by the person outside
the United States.
``requests by authorized investigative agencies
``Sec. 804. (a)(1) Any authorized investigative agency may
request from any financial agency, financial institution, or
consumer credit reporting agency such financial records and
consumer reports as are necessary in order to conduct any
authorized law enforcement investigation, foreign
counterintelligence inquiry, or security determination. Any
authorized investigative agency may also request records
maintained by any commercial entity within the United States
pertaining to travel by a person outside the United States.
``(2) Requests may be made under this section where--
``(A) the records sought pertain to a person who is or was
an employee required, as a condition of access to classified
information, to provide consent, during a background
investigation, for such time as access to the information is
maintained, and for three years thereafter, permitting access
to financial records, other financial information, consumer
reports, and travel records; and
``(B) there are reasonable grounds to believe, based upon
specific and articulable facts available to it, that the
person is, or may be, disclosing classified information in an
unauthorized manner to a foreign power or agent of a foreign
power, or in the course of any background investigation or
reinvestigation, an issue of otherwise unexplained affluence
or excessive indebtedness arises.
``(3) Each such request shall--
``(A) be accompanied by a written certification signed by
the department or agency head or deputy department or agency
head concerned and shall certify that--
``(i) the person concerned is an employee within the
meaning of paragraph (2)(A);
``(ii) the request is being made pursuant to an authorized
inquiry or investigation and is authorized under this
section; and
``(iii) the records or information to be reviewed are
records or information which the employee has previously
agreed to make available to the authorized investigative
agency for review;
``(B) contain a copy of the agreement referred to in
subparagraph (A)(iii);
``(C) identify specifically or by category the records or
information to be reviewed; and
``(D) inform the recipient of the request of the
prohibition described in subsection (b).
``(4) The authorized investigative agency shall promptly
notify the person who is the subject of a request under this
section relating to a background investigation or
reinvestigation for records, reports, or other information.
``(b) Notwithstanding any other provision of law and except
as provided in subsection (a)(4), no governmental or private
entity, or officer, employee, or agent of such entity, may
disclose to any person, other than those officers, employees,
or agents of such entity necessary to satisfy a request made
under this section, that such entity has received or
satisfied a request made by an authorized investigative
agency under this section.
``(c)(1) Notwithstanding any other provision of law except
section 6103 of the Internal Revenue Code of 1986, an entity
receiving a request for records or information under
subsection (a) shall, if the request satisfies the
requirements of this section, make available such records or
information within 30 days for inspection or copying, as may
be appropriate, by the agency requesting such records or
information.
``(2) Any entity (including any officer, employee or agent
thereof) that discloses records or information for inspection
or copying pursuant to this section in good faith reliance
upon the certifications made by an agency pursuant to this
section shall not be liable for any such disclosure to any
person under this title, the constitution of any State, or
any law or regulation of any State or any political
subdivision of any State.
``(d) Subject to the availability of appropriations
therefor, any agency requesting records or information under
this section may reimburse a private entity for any cost
reasonably incurred by such entity in responding to such
request, including the cost of identifying, reproducing, or
transporting records or other data.
``(e) An agency receiving records or information pursuant
to a request under this section may disseminate the records
or information obtained pursuant to such request outside the
agency only to the agency employing the employee who is the
subject of the records or information, to the Department of
Justice for law enforcement or foreign counterintelligence
purposes, or, with respect to dissemination to an agency of
the United States, only if such information is clearly
relevant to the authorized responsibilities of such agency
relating to security determinations, law enforcement, or
counterintelligence.
``(f) Any agency that discloses records or information
received pursuant to a request under this section in
violation of subsection (e) shall be liable to the person to
whom the records relate in an amount equal to the sum of--
``(1) $100, without regard to the volume of records
involved;
``(2) any actual damages sustained by the person as a
result of the disclosure;
``(3) if the violation is found to have been willful or
intentional, such punitive damages as the court may allow;
and
``(4) in the case of any successful action to enforce
liability, the costs of the action, together with reasonable
attorney fees, as determined by the court.
``(g) Nothing in this section shall affect the authority of
an investigative agency to obtain information pursuant to the
Right to Financial Privacy Act (12 U.S.C. 3401 et seq.) or
the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.).
``definitions
``Sec. 805. For purposes of this title--
``(1) the term `agency of the legislative branch' means the
Office of the Architect of the Capitol, the Botanic Garden,
the General Accounting Office, the Government Printing
Office, the Library of Congress, the Office of Technology
Assessment, the Congressional Budget Office, and the
Copyright Royalty Tribunal;
``(2) the term `authorized investigative agency' means--
``(A) an agency authorized by law or regulation to conduct
foreign counterintelligence investigations or investigations
of persons who are proposed for access to classified
information to ascertain whether such persons satisfy the
criteria for obtaining and retaining access to such
information;
``(B) in the case of the House of Representatives, an
agency designated by the Speaker of the House;
``(C) in the case of the Senate, an agency designated by
the President pro tempore of the Senate;
``(D) in the case of an agency of the legislative branch,
an agency designated by the head of such agency; and
``(E) in the case of the judiciary, an agency designated by
the Director of the Administrative Office of the United
States Courts, under the direction of the Chief Justice of
the United States;
``(3) the term `classified information' means any
information that has been determined pursuant to Executive
Order No. 12356 of April 2, 1982, or successor orders, or the
Atomic Energy Act of 1954, to require protection against
unauthorized disclosure and that is so designated;
``(4) the term `consumer credit reporting agency' has the
meaning given such term in section 603 of the Consumer Credit
Protection Act (15 U.S.C. 1681a));
``(5) the term `employee' includes any person who receives
a salary or compensation of any kind from the United States
Government, is a contractor of the United States Government
or an employee thereof, is an unpaid consultant of the United
States Government, or otherwise acts for or on behalf of the
United States Government;
``(6) the term `employee of the legislative branch' means
an individual (other than a Member of, and a Resident
Commissioner or Delegate to, the Congress) whose salary is
paid by--
``(A) the Director of Non-legislative and Financial
Services of the House of Representatives;
``(B) the Secretary of the Senate; or
``(C) an agency of the legislative branch;
``(7) the terms `financial agency' and `financial
institution' have the meaning given such terms in section
5312 of title 31, United States Code; and
``(8) the term `State' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Trust Territory of the Pacific Islands, and any
territory or possession of the United States.
``effective date
``Sec. 806. This title shall take effect upon the issuance
of a final regulation pursuant to section 802.''.
(b) Conforming Amendment.--The table of contents of the
National Security Act of 1947 is amended by adding at the end
the following:
``Title VIII--Access to Classified Information
``Sec. 801. Rule of application.
``Sec. 802. Regulations.
``Sec. 803. Consent for access to financial information.
``Sec. 804. Requests by authorized investigative agencies.
``Sec. 805. Definitions.
``Sec. 806. Effective date.''.
SEC. 802. REWARDS FOR INFORMATION CONCERNING ESPIONAGE.
(a) Rewards.--Section 3071 of title 18, United States Code,
is amended--
(1) by inserting ``(a)'' before ``With respect to''; and
(2) by adding at the end the following new subsection:
``(b) With respect to acts of espionage involving or
directed at the United States, the Attorney General may
reward any individual who furnishes information--
``(1) leading to the arrest or conviction, in any country,
of any individual or individuals for commission of an act of
espionage against the United States;
``(2) leading to the arrest or conviction, in any country,
of any individual or individuals for conspiring or attempting
to commit an
[[Page 1248]]
act of espionage against the United States; or
``(3) leading to the prevention or frustration of an act of
espionage against the United States.''.
(b) Definitions.--Section 3077 of such title is amended--
(1) by striking ``and'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(8) `act of espionage' means an activity that is a
violation of--
``(A) section 793, 794, or 798 of title 18, United States
Code; or
``(B) section 4 of the Subversive Activities Control Act of
1950.''.
(c) Clerical Amendments.--(1) The item relating to chapter
204 in the table of chapters for part II of such title is
amended to read as follows:
``204. Rewards for information concerning terrorist acts and3071''.age.
(2) The heading for chapter 204 of such title is amended to
read as follows:
``CHAPTER 204--REWARDS FOR INFORMATION CONCERNING TERRORIST ACTS AND
ESPIONAGE''.
SEC. 803. ESPIONAGE NOT COMMITTED IN ANY DISTRICT.
(a) In General.--Chapter 211 of title 18, United States
Code, is amended by inserting after section 3238 the
following new section:
``Sec. 3239. Espionage and related offenses not committed in
any district
``The trial for any offense involving a violation of--
``(1) section 793, 794, 798, 952, or 1030(a)(1) of this
title;
``(2) section 601 of the National Security Act of 1947; or
``(3) subsection (b) or (c) of section 4 of the Subversive
Activities Control Act of 1950,
begun or committed upon the high seas or elsewhere out of the
jurisdiction of any particular State or district, may be in
the District of Columbia or in any other district authorized
by law.''.
(b) Clerical Amendment.--The table of sections for chapter
211 of such title is amended by inserting after the item
relating to section 3238 the following:
``3239. Espionage and related offenses not committed in any
district.''.
SEC. 804. CRIMINAL FORFEITURE FOR VIOLATION OF CERTAIN
ESPIONAGE LAWS.
(a) In General.--Section 798 of title 18, United States
Code, is amended by adding at the end the following new
subsection:
``(d)(1) Any person convicted of a violation of this
section shall forfeit to the United States irrespective of
any provision of State law--
``(A) any property constituting, or derived from, any
proceeds the person obtained, directly or indirectly, as the
result of such violation; and
``(B) any of the person's property used, or intended to be
used, in any manner or part, to commit, or to facilitate the
commission of, such violation.
``(2) The court, in imposing sentence on a defendant for a
conviction of a violation of this section, shall order that
the defendant forfeit to the United States all property
described in paragraph (1).
``(3) Except as provided in paragraph (4), the provisions
of subsections (b), (c), and (e) through (p) of section 413
of the Comprehensive Drug Abuse Prevention and Control Act of
1970 (21 U.S.C. 853(b), (c), and (e)-(p)), shall apply to--
``(A) property subject to forfeiture under this subsection;
``(B) any seizure or disposition of such property; and
``(C) any administrative or judicial proceeding in relation
to such property,
if not inconsistent with this subsection.
``(4) Notwithstanding section 524(c) of title 28, there
shall be deposited in the Crime Victims Fund in the Treasury
all amounts from the forfeiture of property under this
subsection remaining after the payment of expenses for
forfeiture and sale authorized by law.
``(5) As used in this subsection, the term `State' means
any State of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Trust Territory of the
Pacific Islands, and any territory or possession of the
United States.''.
(b) Amendments for Consistency in Application of Forfeiture
Under Title 18.--(1) Section 793(h)(3) of such title is
amended in the matter preceding subparagraph (A) by striking
out ``(o)'' each place it appears and inserting in lieu
thereof ``(p)''.
(2) Section 794(d)(3) of such title is amended in the
matter preceding subparagraph (A) by striking out ``(o)''
each place it appears and inserting in lieu thereof ``(p)''.
(c) Subversive Activities Control Act.--Section 4 of the
Subversive Activities Control Act of 1950 (50 U.S.C. 783) is
amended by adding at the end the following new subsection:
``(e)(1) Any person convicted of a violation of this
section shall forfeit to the United States irrespective of
any provision of State law--
``(A) any property constituting, or derived from, any
proceeds the person obtained, directly or indirectly, as the
result of such violation; and
``(B) any of the person's property used, or intended to be
used, in any manner or part, to commit, or to facilitate the
commission of, such violation.
``(2) The court, in imposing sentence on a defendant for a
conviction of a violation of this section, shall order that
the defendant forfeit to the United States all property
described in paragraph (1).
``(3) Except as provided in paragraph (4), the provisions
of subsections (b), (c), and (e) through (p) of section 413
of the Comprehensive Drug Abuse Prevention and Control Act of
1970 (21 U.S.C. 853(b), (c), and (e)-(p)) shall apply to--
``(A) property subject to forfeiture under this subsection;
``(B) any seizure or disposition of such property; and
``(C) any administrative or judicial proceeding in relation
to such property,
if not inconsistent with this subsection.
``(4) Notwithstanding section 524(c) of title 28, there
shall be deposited in the Crime Victims Fund in the Treasury
all amounts from the forfeiture of property under this
subsection remaining after the payment of expenses for
forfeiture and sale authorized by law.
``(5) As used in this subsection, the term `State' means
any State of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Trust Territory of the
Pacific Islands, and any territory or possession of the
United States.''.
SEC. 805. DENIAL OF ANNUITIES OR RETIRED PAY TO PERSONS
CONVICTED OF ESPIONAGE IN FOREIGN COURTS
INVOLVING UNITED STATES INFORMATION.
Section 8312 of title 5, United States Code, is amended by
adding at the end thereof the following new subsection:
``(d)(1) For purposes of subsections (b)(1) and (c)(1), an
offense within the meaning of such subsections is established
if the Attorney General of the United States certifies to the
agency administering the annuity or retired pay concerned--
``(A) that an individual subject to this chapter has been
convicted by an impartial court of appropriate jurisdiction
within a foreign country in circumstances in which the
conduct violates the provisions of law enumerated in
subsections (b)(1) and (c)(1), or would violate such
provisions had such conduct taken place within the United
States, and that such conviction is not being appealed or
that final action has been taken on such appeal;
``(B) that such conviction was obtained in accordance with
procedures that provided the defendant due process rights
comparable to such rights provided by the United States
Constitution, and such conviction was based upon evidence
which would have been admissible in the courts of the United
States; and
``(C) that such conviction occurred after the date of
enactment of this subsection.
``(2) Any certification made pursuant to this subsection
shall be subject to review by the United States Court of
Claims based upon the application of the individual
concerned, or his or her attorney, alleging that any of the
conditions set forth in subparagraphs (A), (B), or (C) of
paragraph (1), as certified by the Attorney General, have not
been satisfied in his or her particular circumstances. Should
the court determine that any of these conditions has not been
satisfied in such case, the court shall order any annuity or
retirement benefit to which the person concerned is entitled
to be restored and shall order that any payments which may
have been previously denied or withheld to be paid by the
department or agency concerned.''.
SEC. 806. POST EMPLOYMENT ASSISTANCE FOR CIVILIAN PERSONNEL
WITHIN THE INTELLIGENCE COMPONENTS OF THE
DEPARTMENT OF DEFENSE.
(a) Consolidation of Authority.--
(1) In general.--Chapter 81 of title 10, United States
Code, is amended by adding at the end the following:
``Sec. 1599. Post employment assistance regarding certain
civilian intelligence personnel
``(a) Notwithstanding any other provision of law, the
Secretary of Defense may use appropriated funds to assist a
civilian employee who has been in a sensitive position in an
intelligence agency or component of the Department of Defense
and who is found to be ineligible for continued access to
Sensitive Compartmented Information and employment with the
intelligence agency or component, or whose employment with
the intelligence agency or component has been terminated--
``(1) in finding and qualifying for subsequent employment;
``(2) in receiving treatment of medical or psychological
disabilities; and
``(3) in providing necessary financial support during
periods of unemployment.
``(b) Assistance may be provided under subsection (a) only
if the Secretary determines that such assistance is essential
to maintain the judgment and emotional stability of such
employee and avoid circumstances that might lead to the
unlawful disclosure of classified information to which such
employee had access. Assistance provided under this section
for an employee shall not be provided any longer than five
years after the termination of the employment of the
employee.
``(c) The Secretary may, to the extent and in the manner
determined by the Secretary to appropriate, delegate the
authority to provide assistance under this section.
``(d) The Secretary shall report annually to the Committees
on Appropriations of the Senate and House of Representatives,
the Select Committee on Intelligence of the Sen-
[[Page 1249]]
ate, and the Permanent Select Committee on Intelligence of
the House of Representatives with respect to any expenditure
made pursuant to this section.
``(e) For the purposes of this section, the term
`intelligence agency or component' means the National
Security Agency, the Defense Intelligence Agency, the
National Reconnaissance Office, the Central Imagery Office,
and the intelligence components of the military
departments.''.
(2) The table of sections of Chapter 81 of such title is
amended by adding after the item relating to section 1598 the
following new item:
``1599. Post employment assistance regarding certain civilian
intelligence personnel.''.
(b) Repeal of Duplicative Authority.--
(1) Defense intelligence agency.--Paragraph (4) of Section
1604(e) of title 10, United States Code, is repealed.
(2) National security agency.--Section 17 of the National
Security Agency Act of 1959 (50 U.S.C. 402 note) is repealed.
(c) Savings Provision.--The repeals made by subsection (b)
do not affect rights and duties that matured before the date
of enactment of this section.
TITLE IX--INTERDICTION OF AERIAL DRUG TRAFFICKING
SEC. 901. POLICY OF THE UNITED STATES.
It is the policy of the United States to provide
intelligence assistance to foreign governments to support
efforts by them to interdict aerial drug trafficking. The
United States does not condone the intentional damage or
destruction of aircraft in violation of international law,
and provides assistance to foreign governments for purposes
other than facilitating the intentional damage or destruction
of aircraft in violation of international law.
SEC. 902. SENSE OF CONGRESS.
The Congress urges the President to review in light of this
title all interpretations within the executive branch of law
relevant to the provision of assistance to foreign
governments for aerial drug interdiction, with an eye to
affirming that continued provision by the United States of
such assistance conforms fully with United States and
international law.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. TORRES, announced that the yeas had it.
Mr. GLICKMAN objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
410
When there appeared
<3-line {>
Nays
16
Para. 79.8 [Roll No. 336]
YEAS--410
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeLauro
DeLay
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--16
Brown (CA)
DeFazio
Dellums
Duncan
Ehlers
Frank (MA)
Hamburg
Johnston
Minge
Owens
Penny
Sanders
Schroeder
Sensenbrenner
Stark
Williams
NOT VOTING--8
Gallo
Kingston
McDade
Moorhead
Pickett
Ros-Lehtinen
Sisisky
Washington
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 79.9 clerk to correct engrossment
On motion of Mr. GLICKMAN, by unanimous consent,
Ordered, That in the engrossment of the foregoing bill, the Clerk be
authorized to correct section numbers, punctuation, cross references,
and to make other technical corrections.
Para. 79.10 notice requirement--motion to instruct conferees--h.r. 3355
Mr. BONILLA, pursuant to clause 1(c) of rule XXVIII, announced his
intention to instruct the managers on the part of the House at the
conference with the Senate on the disagreeing votes of the two Houses on
the House amendment to the Senate amendment to the bill (H.R. 3355) to
amend the Omnibus Crime Control and Safe Streets Act of 1968 to allow
grants to increase police presence, to expand and improve cooperative
efforts between law enforcement agencies and members of the community to
address crime and disorder problems, and otherwise to enhance public
safety, be instructed not to agree to any provision having the effect of
diminishing the amount of money made available to the United States
Border Patrol Service from the amount provided in the House amendment.
Para. 79.11 providing for the consideration of h.r. 1188
Mr. GORDON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 475):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pur-
[[Page 1250]]
suant to clause 1(b) of rule XXIII, declare the House
resolved into the Committee of the Whole House on the state
of the Union for consideration of the bill (H.R. 1188) to
provide for disclosures for insurance in interstate commerce.
The first reading of the bill shall be dispensed with.
General debate shall be confined to the bill and the
amendments made in order by this resolution and shall not
exceed one hour equally divided and controlled by the
chairman and ranking minority member of the Committee on
Energy and Commerce. After general debate the bill shall be
considered for amendment under the five-minute rule. It shall
be in order to consider as an original bill for the purpose
of amendment under the five-minute rule the amendment in the
nature of a substitute recommended by the Committee on Energy
and Commerce now printed in the bill. The committee amendment
in the nature of a substitute shall be considered as read. At
the conclusion of consideration of the bill for amendment the
Committee shall rise and report the bill to the House with
such amendments as may have been adopted. Any Member may
demand a separate vote in the House on any amendment adopted
in the Committee of the Whole to the bill or to the committee
amendment in the nature of a substitute. The previous
question shall be considered as ordered on the bill and
amendments thereto to final passage without intervening
motion except one motion to recommit with or without
instructions.
When said resolution was considered.
After debate,
On motion of Mr. GORDON, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 79.12 insurance disclosure
The SPEAKER pro tempore, Mr. TORRES, pursuant to House Resolution 475
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 1188) to provide for disclosures for insurance in interstate
commerce.
The SPEAKER pro tempore, Mr. TORRES, by unanimous consent, designated
Ms. DeLAURO as Chairman of the Committee of the Whole; and after some
time spent therein,
Para. 79.13 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. KENNEDY:
Page 25, line 24, strike ``Energy and Commerce Committee''
and insert ``Committee on Banking; Finance and Urban
Affairs''.
Page 30, lines 20 and 21, strike ``Secretary of Commerce''
and insert ``Secretary of Housing and Urban Development''.
Strike ``Committee on Energy and Commerce'' each place it
appeals in the bill and insert ``Committee on Banking,
Finance and Urban Affairs''.
It was decided in the
Yeas
88
<3-line {>
negative
Nays
343
Para. 79.14 [Roll No. 337]
AYES--88
Andrews (ME)
Andrews (NJ)
Bacchus (FL)
Barrett (WI)
Becerra
Beilenson
Bereuter
Berman
Blackwell
Brooks
Brown (CA)
Coleman
Coyne
de la Garza
de Lugo (VI)
DeFazio
Dellums
Diaz-Balart
Dooley
Durbin
Edwards (CA)
Eshoo
Evans
Farr
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Frank (MA)
Furse
Gejdenson
Gibbons
Gonzalez
Gutierrez
Hinchey
Hughes
Johnson, E. B.
Kanjorski
Kaptur
Kennedy
Klein
Klink
Kopetski
LaFalce
Lantos
LaRocco
Maloney
McDermott
McHale
McKinney
Meehan
Meek
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Moran
Neal (MA)
Neal (NC)
Olver
Orton
Owens
Pastor
Pelosi
Pickle
Reed
Roth
Roybal-Allard
Rush
Sabo
Sanders
Schroeder
Schumer
Serrano
Stark
Stupak
Torres
Torricelli
Unsoeld
Velazquez
Vento
Waters
Watt
Wynn
Yates
NOES--343
Abercrombie
Ackerman
Allard
Andrews (TX)
Applegate
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Bartlett
Barton
Bateman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Browder
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
Deal
DeLauro
DeLay
Derrick
Deutsch
Dickey
Dicks
Dingell
Dixon
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
Engel
English
Everett
Ewing
Fawell
Fazio
Fields (TX)
Fish
Ford (MI)
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Frost
Gallegly
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Johnston
Kasich
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klug
Knollenberg
Kolbe
Kreidler
Kyl
Lambert
Lancaster
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
McNulty
Menendez
Meyers
Mica
Michel
Miller (FL)
Molinari
Mollohan
Montgomery
Moorhead
Morella
Murphy
Murtha
Myers
Nadler
Norton (DC)
Nussle
Oberstar
Obey
Ortiz
Oxley
Packard
Pallone
Parker
Paxon
Payne (NJ)
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Rose
Rostenkowski
Roukema
Rowland
Royce
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Scott
Sensenbrenner
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Towns
Traficant
Tucker
Upton
Valentine
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waxman
Weldon
Wheat
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--8
Bentley
Faleomavaega (AS)
Gallo
McCurdy
Ros-Lehtinen
Underwood (GU)
Washington
Whitten
So the amendment was not agreed to.
After some further time,
Para. 79.15 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Ms. ROYBAL-ALLARD:
Page 3, line 13, strike ``and''.
Page 3, line 23, strike the period and insert ``, and''.
Page 3, after line 23, insert the following new clause:
(iii) information that will enable the Secretary to assess
the aggregate loss experience for such insurer for such
designated MSA and each 5-digit zip code in such designated
MSA within which insured risks of the insurer are located.
Page 4, strike lines 12 through 25.
Page 5, line 4, strike ``(a)(1)'' and insert ``(a)''.
Page 5, line 24, strike ``(a)(1)'' and insert ``(a)''.
Page 6, after line 25, insert the following new clause:
(viii) provide for the submission of information on the
racial characteristics or national origin of policyholders
and on the gender of policyholders, at the level of detail
comparable to that required by the Home Mortgage Disclosure
Act of 1975 (and the regulations issued thereunder),
Page 7, line 1, strike ``(viii)'' and insert ``(ix)''.
Page 7, line 4, strike ``(ix)'' and insert ``(x)''.
[[Page 1251]]
Page 7, line 6, strike ``(x)'' and insert ``(xi)''.
Page 7, after line 7, insert the following new
subparagraph:
(B) Rules regarding obtaining racial and national origin
information.--With respect to the information specified in
subparagraph (A)(viii), applicants for, and policyholders of,
insurance may be asked their racial characteristics or
national origin only in writing. Any such written question
shall clearly indicate that a response to the question is
voluntary on the part of the applicant or policyholder, but
encouraged, and that the information is being requested by
the Federal Government to monitor the availability and
affordability of insurance. If an applicant for, or
policyholder of, insurance declines to provide such
information, the agent or insurer for such insurance may
provide such information.
Page 7, line 8, strike ``(B) and insert ``(C)''.
Page 7, line 22, strike ``(C)'' and insert ``(D)''.
Page 11, after line 18, insert the following new clause:
(x) provide for the collection of information that will
enable the Secretary to assess the aggregate loss experience,
by each line of insurance designated under clause (ix), for
insurers designated under clause (viii) for each MSA for
which reporting is required under subparagraph (D),
Page 11, line 19, strike ``(x)'' and insert ``(xi)''.
Page 11, line 21, strike ``(xi)'' and insert ``(xii)''.
Page 12, line 1, strike ``(xii)'' and insert ``(xiii)''.
Page 13, line 24, after ``basis'' insert ``(or a 9-digit
zip code or census tract basis)''.
Page 16, line 2, strike ``25'' and insert ``75''.
Page 24, after line 4, insert the following new subsection:
(f) Reporting by Other Geographic Areas.--
(1) Insurer option.--The Secretary shall provide that any
insurer who is required by section 3 to compile, submit,
maintain, and make available information may, at the
discretion of the insurer, comply with the requirements of
such section by compiling, submitting, maintaining, and
making such information available on the basis of census
tracts or 9-digit zip codes rather than on the basis of 5-
digit zip codes.
(2) Requirement by secretary.--The Secretary may at any
time, for any insurers, for any designated lines of
insurance, and with respect to any geographical areas,
require that information to be compiled, submitted,
maintained, and made available under section 3 shall be
compiled, submitted, maintained, and made available on a
basis of census tracts (which shall include any basis that is
convertible to the basis of census tracts) rather than on the
basis of 5-digit zip codes, but only to the extent that the
Secretary determines that availability of information on the
basis of census tracts is necessary to assess the
availability, affordability, or quality of type of insurance
coverage.
(3) Address Conversion Software.--The Secretary shall make
available, to any insurer required to provide information to
the Secretary under section 3, computer software that can be
used to convert addresses from 5-digit zip code to census
tracts. The software shall be made available in forms that
provide such conversion for MSA's designated under section
4(a) on a nationwide basis and on a State-by-State basis and
shall be updated annually. The software shall be made
available without charge, except for an amount, determined by
the Secretary, which shall not exceed the actual cost of
reproducing the software.
Page 24, line 12, after ``data'' insert ``, including loss
ratios,''.
Page 24, line 13, after ``zip code'' insert ``(or by 9-
digit zip code or census tract, to the extent information is
submitted to the Secretary on such basis pursuant to section
6(f))'',
Page 24, line 16, after ``insurance policies'' insert ``and
loss ratios''.
Page 24, line 17, after ``zip codes'' insert ``(or for
categories of 9-digit zip codes or census tracts, to the
extent information is submitted to the Secretary on such
basis pursuant to section 6(f))''.
Page 25, after line 5, insert the following new subsection:
(d) Protections Regarding Loss Information.--
(1) Prohibition of disclosure of loss information.--
Notwithstanding any other provision of this Act, the
Secretary may not make available to the public or otherwise
disclose any information submitted under this act regarding
the amount or number of claims paid by any insurer, the
amount of losses of any insurer, or the loss experience for
any insurer, except (A) in the form of a loss ratio
(expressing the relationship of claims paid to premiums) made
available or disclosed in compliance with the provisions of
paragraph (2), or (B) as provided in paragraph (3).
(2) Protection of identity of insurer.--In making available
to the public or otherwise disclosing a loss ratio for an
insurer--
(A) the Secretary may not identify the insurer to which the
loss ratio relates; and
(B) the Secretary may disclose the loss ratio only in a
manner that does not allow any party to determine the
identity of the specific insurer to which the loss ratio
relates, except parties having access to information under
paragraph (3).
(3) Confidentiality of information disclosed to
governmental agencies.--The Secretary may make information
referred to in paragraph (1) and the identity of the specific
insurer to which such information relates available to any
Federal entity and any State agency responsible for
regulating insurance in a State and may otherwise disclose
such information to any such entity or agency, but only to
the extent such entity or agency agrees not to make any such
information available or disclose such information to any
other person.
It was decided in the
Yeas
97
<3-line {>
negative
Nays
333
Para. 79.16 [Roll No. 338]
AYES--97
Abercrombie
Andrews (ME)
Bacchus (FL)
Barrett (WI)
Becerra
Beilenson
Berman
Blackwell
Bonior
Brown (FL)
Cardin
Carr
Clayton
Clyburn
Collins (MI)
Coyne
de la Garza
de Lugo (VI)
DeFazio
Dellums
Diaz-Balart
Dixon
Edwards (CA)
Engel
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford (TN)
Frank (MA)
Furse
Gonzalez
Green
Gutierrez
Hamburg
Hinchey
Jacobs
Johnson, E. B.
Johnston
Kennedy
Kildee
Kleczka
Kopetski
LaFalce
Lantos
LaRocco
Lowey
Maloney
Martinez
Matsui
McDermott
McHale
McKinney
Meehan
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Nadler
Norton (DC)
Olver
Owens
Pastor
Payne (NJ)
Pelosi
Romero-Barcelo (PR)
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Serrano
Shepherd
Stark
Swett
Synar
Torres
Torricelli
Traficant
Unsoeld
Velazquez
Vento
Waters
Watt
Waxman
Woolsey
Wynn
Yates
NOES--333
Ackerman
Allard
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Bartlett
Barton
Bateman
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Castle
Chapman
Clay
Clement
Clinger
Coble
Coleman
Collins (GA)
Collins (IL)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
Deal
DeLauro
DeLay
Derrick
Deutsch
Dickey
Dicks
Dingell
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
English
Everett
Ewing
Fawell
Fields (TX)
Fingerhut
Fish
Ford (MI)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kennelly
Kim
King
Kingston
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
Lambert
Lancaster
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lucas
Machtley
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
McNulty
Meek
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Rostenkowski
Roth
Roukema
Rowland
Royce
Sangmeister
Santorum
Sarpalius
Saxton
Schaefer
Schenk
Schiff
Scott
Sensenbrenner
Sharp
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
[[Page 1252]]
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swift
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Towns
Tucker
Upton
Valentine
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wheat
Williams
Wilson
Wise
Wolf
Wyden
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--9
Bentley
Faleomavaega (AS)
Frost
Gallo
McCurdy
Ros-Lehtinen
Underwood (GU)
Washington
Whitten
So the amendment was not agreed to.
After some further time,
Para. 79.17 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. FIELDS of
Louisiana:
Page 3, line 10, strike ``and'' and insert a comma.
Page 3, line 13, strike ``and'' and insert ``an explanation
of each of the reasons for which exposure units were canceled
or not renewed by such insurer, and the total exposure units
canceled and not renewed for each such reason,''.
Page 3, line 23, strike the period and insert ``, and''.
Page 3, after line 23, insert the following new clause:
(iii) the total number of written applications or written
requests to issue an insurance policy submitted to such
insurer (or any agent or broker of the insurer) that were
declined, an explanation of each of the reasons for which
such applications or requests were declined, and the total
number of declinations for each such reason.
Page 24, line 16, after ``insurance policies'' insert ``,
exposure units cancelled or not renewed, and written
applications or requests to issue and insurance policy
declined.''.
It was decided in the
Yeas
123
<3-line {>
negative
Nays
305
Para. 79.18 [Roll No. 339]
AYES--123
Abercrombie
Ackerman
Andrews (ME)
Bacchus (FL)
Barrett (WI)
Becerra
Beilenson
Berman
Bishop
Blackwell
Bonior
Brooks
Brown (CA)
Brown (FL)
Carr
Clay
Clayton
Clement
Clyburn
Collins (MI)
Conyers
Costello
Coyne
de la Garza
de Lugo (VI)
Dellums
Diaz-Balart
Dicks
Dixon
Durbin
Edwards (CA)
Engel
Eshoo
Evans
Farr
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gilman
Gonzalez
Green
Gutierrez
Hastings
Hayes
Hefley
Hefner
Hinchey
Jefferson
Johnson, E. B.
Johnston
Kanjorski
Kennedy
Kildee
Kleczka
Klein
Klink
Kopetski
Lantos
LaRocco
Lewis (GA)
Lowey
Maloney
McCloskey
McDermott
McHale
McKinney
Meehan
Menendez
Mfume
Miller (CA)
Mineta
Mink
Montgomery
Nadler
Norton (DC)
Oberstar
Olver
Ortiz
Owens
Pastor
Payne (NJ)
Pelosi
Poshard
Rangel
Reynolds
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Schumer
Serrano
Skaggs
Slaughter
Stark
Stokes
Studds
Swett
Synar
Tauzin
Thompson
Torres
Torricelli
Traficant
Tucker
Unsoeld
Velazquez
Vento
Watt
Waxman
Wheat
Wyden
Wynn
Yates
NOES--305
Allard
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Borski
Boucher
Brewster
Browder
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Castle
Chapman
Clinger
Coble
Coleman
Collins (GA)
Collins (IL)
Combest
Condit
Cooper
Coppersmith
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
Deal
DeFazio
DeLauro
DeLay
Derrick
Deutsch
Dickey
Dingell
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
English
Everett
Ewing
Fawell
Fazio
Fields (TX)
Fish
Ford (MI)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Herger
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Kaptur
Kasich
Kennelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lucas
Machtley
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
McNulty
Meek
Meyers
Mica
Michel
Miller (FL)
Minge
Moakley
Molinari
Mollohan
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Neal (MA)
Nussle
Obey
Orton
Oxley
Packard
Pallone
Parker
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Roth
Roukema
Rowland
Royce
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Scott
Sensenbrenner
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skeen
Skelton
Slattery
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Strickland
Stump
Stupak
Sundquist
Swift
Talent
Tanner
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thornton
Thurman
Torkildsen
Towns
Upton
Valentine
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Weldon
Williams
Wise
Wolf
Woolsey
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--11
Faleomavaega (AS)
Gallo
Hilliard
McCurdy
Neal (NC)
Ros-Lehtinen
Underwood (GU)
Washington
Waters
Whitten
Wilson
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. TORRES, assumed the Chair.
When Ms. DeLAURO, Chairman, pursuant to House Resolution 475, reported
the bill back to the House with an amendment adopted by the Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti Redlining in Insurance
Disclosure Act''.
SEC. 2. FINDINGS AND CONSTRUCTION.
(a) Findings.--The Congress finds that--
(1) disparities in property and casualty insurance coverage
provided by insurers engaged in interstate commerce between
areas of different incomes and racial composition could
adversely affect interstate commerce and the cost and
availability of insurance for consumers, and
(2) appropriate disclosures of information by insurers
would benefit consumers and insurance regulators.
(b) Construction.--Nothing in this Act is intended to, nor
shall it be construed to, encourage unsound underwriting
practices.
SEC. 3. MAINTENANCE OF INFORMATION AND PUBLIC DISCLOSURE.
(a) General Rule.--
(1) Designated insurers.--
(A) In general.--Except as provided by subsection (b)(7),
each designated insurer shall, in accordance with subsection
(b), annually compile, submit to the Secretary, and make
available to the public for each calendar year and for
designated lines of insurance in a designated MSA--
(i) the total number of policies, total exposure units (in
car years and house years), and total earned premium of
insurance policies by designated line which were issued by
such insurer and the new written exposure units, exposure
units canceled, and the exposure units not renewed by such
insurer, and
(ii) the number of licensed agents of such insurer whose
principal place of business is located in such designated MSA
and the number within each 5-digit zip code in such
designated MSA and with respect to each such agent, whether
such agent is an employee, independent contractor working
exclusively for such insurer, or an independent contractor
appointed to represent such insurer on a non-exclusive basis.
(B) Submissions and availability.--The information
described in subparagraph (A) shall be--
(i) submitted to the Secretary in accordance with
subsection (d), and
(ii) made available to the public, in accordance with
subsection (b)(2), for inspection
[[Page 1253]]
and copying, at cost, at the home office of the insurer and
at a central depository, established under subsection (c), by
the Secretary.
(2) Non-designated insurers.--Except as provided in
subsection (b)(7), every insurer which sells an insurance
policy in a designated line of insurance in a designated MSA
and which is not a designated insurer in such MSA shall
submit to the Secretary for each calendar year in accordance
with subsection (d) and regulations of the Secretary the
total exposure units (in car years and house years) of
insurance policies in a designated line sold in such MSA.
With respect to such policies, the insurer shall report the
designated MSA where the insured risks are located for which
such insurance is issued and within such MSA report the 5-
digit zip code where the risk is located.
(b) Requirements.--
(1) Content.--The information required to be maintained and
made available under subsection (a)(1) shall be itemized in
order to clearly and conspicuously disclose the policies, the
exposure units, and the premium amount for each line of
insurance for which information is required and be itemized
by the 5-digit zip code where the risks are located.
(2) Availability to the public.--The information required
to be maintained and made available under subsection (a)
shall be made available to the public on a timetable
determined by the Secretary but not later than October 1 of
the calendar year following the calendar year for which the
information is required to be made available, except that
such information shall not be made available to the public
until it is available in its entirety but it shall be made
available if not all the information required to be reported
is available on such October 1 or on the date determined by
the Secretary.
(3) Specification of data.--
(A) In general.--With respect to information which is
required to be maintained and made available under subsection
(a)(1), the Secretary shall by regulation establish
specifications for the collection and public reporting of
such information with respect to the following lines of
insurance: private passenger automobile, homeowners, and
dwelling fire and allied lines. The specifications shall--
(i) provide that information be aggregated among similar
policyholders and reported on that basis,
(ii) be designed to collect information with respect to the
availability, cost, and type of insurance coverage between
and among various geographic areas,
(iii) detail what data elements should be collected,
(iv) provide for the collection of information on an
individual insurer basis,
(v) minimize burdens on insurance agents, including
independent insurance agents,
(vi) provide the data required by clause (ii) with the
least burden on insurers, particularly small insurers,
(vii) take into account the types of data collected under
the Home Mortgage Disclosure Act of 1975,
(viii) take into account existing statistical reporting
systems in the insurance industry,
(ix) require itemization by 5-digit zip code, and
(x) include information on policies written in a residual
market.
(B) Consultations.--In developing the specifications in
subparagraph (A), the Secretary shall consult with--
(i) other Federal agencies with appropriate expertise,
(ii) State insurance regulators,
(iii) representatives of the insurance industry, including
statistical agents,
(iv) representatives of insurance producers, including
minority insurance producers, and
(v) consumer, community, and civil rights groups who are
representative of a diversity of geographic locations.
(C) Effective date.--The regulation under subparagraph (A)
shall be issued no later than 270 days after the date of the
enactment of this Act.
(4) Commercial insurance study and pilot project.--
(A) Study.--The Secretary shall conduct a study regarding
the availability of commercial insurance (other than
professional liability insurance, workers compensation
insurance, and title insurance) with special emphasis on the
availability of commercial insurance for small business. The
study shall focus on--
(i) an appropriate definition for small business; and
(ii) preliminary views regarding the availability, cost,
and type of insurance coverage for small business, which may
be based on surveys of members of the small business
community.
In conducting the study, the Secretary shall consult with
interested parties from a diversity of locations, including
State insurance regulators, consumer, community, and civil
rights groups, representatives of small business,
representatives of the insurance industry, including
statistical agents, and representatives of insurance
producers, including minority insurance producers. The
Secretary shall submit a report detailing the findings of the
study to the Committee on Energy and Commerce of the House of
Representatives and the appropriate committee of the Senate
no later than 18 months following the date of enactment of
this Act.
(B) Proposal of pilot project.--Concurrent with the conduct
of the study under subparagraph (A), the Secretary shall
develop a proposed data collection pilot project in the 5
largest MSA's to help determine the need for any further data
collection requirements to evaluate the availability, cost,
and type of insurance coverage for small business. In
developing the proposed pilot project, the Secretary shall
consult with interested parties from a diversity of
locations, including State insurance regulators, consumer,
community, and civil rights groups, representatives of small
business, representatives of the insurance industry,
including statistical agents, and representatives of
insurance producers, including minority insurance producers.
The Secretary shall submit a specific proposal for a pilot
project to the Committee on Energy and Commerce of the House
of Representatives and the appropriate committee of the
Senate no later than 18 months following the date of
enactment of this Act.
(C) Specifications for pilot project.--Immediately
following the submission of the proposal for a pilot project,
the Secretary shall, by regulation, establish specifications
for the collection and public reporting of information with
respect to commercial insurance for the proposed pilot
project. As part of the specifications, the Secretary shall
designate the 5 largest MSA's for purposes of the pilot
project. The specifications shall--
(i) provide that information be aggregated among similar
policyholders and reported on that basis,
(ii) be designed to collect information with respect to the
availability, cost, and type of insurance coverage between
and among various geographic areas,
(iii) provide for the collection of information on an
individual insurer basis,
(iv) provide the data required by clause (ii) with the
least burden on insurers, particularly small insurers, and
insurance agents, including independent insurance agents,
(v) take into account existing statistical reporting
systems in the insurance industry and use existing data
sources to the maximum practical extent,
(vi) include information on policies written in a residual
market,
(vii) detail what data elements should be collected,
(viii) detail what insurers should be designated insurers
for purposes of the pilot project,
(ix) detail what lines of commercial insurance should be
designated for purposes of the pilot project, with particular
consideration given to commercial fire and business owners
lines,
(x) include an appropriate definition of small business, if
necessary,
(xi) provide data representative of at least 2 years of
experience and provide that the pilot project will terminate
no later than 2 years after its inception, and
(xii) provide adequate lead time to insurers designated
under clause (viii) for the reporting to begin.
The regulation shall be issued within 2 years of the date of
enactment of this Act.
(D) Reporting under pilot project.--Insurers designated
under subparagraph (C)(viii) shall report to the Secretary
with respect to lines of insurance designated under
subparagraph (C)(ix) in the 5 largest MSA's, pursuant to the
regulation issued by the Secretary in subparagraph (C).
(E) Analysis of data under pilot project.--At the
conclusion of the pilot project, the Secretary shall analyze
the data collected. Within 1 year of the conclusion of the
pilot project, the Secretary shall report to the Committee on
Energy and Commerce of the House of Representatives and the
appropriate committee of the Senate on--
(i) any conclusions of the Secretary regarding the data
collected under the pilot project, particularly regarding the
availability, cost, and type of commercial insurance for
small business, and
(ii) the need for further data collection requirements to
evaluate the availability, cost, and type of such coverage or
to help ensure the availability of such coverage.
(5) Period of maintenance.--Any information required to be
compiled and made available under subsection (a) shall be
maintained and made available for a period of 3 years after
the close of the first year during which such information is
required to be maintained and made available.
(6) Format for disclosures.--Subject to subsection (c), the
Secretary shall prescribe a standard format for making
information available as required by subsection (a). Such
format shall encourage the submission of information in a
form readable by a computer.
(7) Exemption.--
(A) Secretarial action.--If the Secretary determines that a
State has enacted a law, or otherwise implemented a
requirement under which--
(i) insurers operating in that State are subject to
disclosure requirements on a 5-digit zip code basis
substantially similar to those of subsection (a),
(ii) there are adequate provisions for enforcement, and
(iii) the information disclosed under the State law or
requirement is made available to the Secretary and the public
in a manner similar to other information disclosed under
subsection (a),
then the Secretary shall by regulation exempt insurers
operating in that State from complying with the requirements
of subsection (a) with respect to that State's portions of
the designated MSA's. If the Secretary determines that the
State law or requirement no longer meets the criteria of
clauses (i) through (iii) or is no longer in ef-
[[Page 1254]]
fect, the Secretary shall by regulation revoke the exemption.
(B) United states program.--Reporting shall not be required
under subsection (a) with respect to insurance provided by a
program underwritten or administered by the United States.
(c) Public Access System.--The Secretary shall implement a
system to facilitate public access to information required to
be made available to the public under subsection (a). Such
system shall include arrangements for a central depository of
information in each designated MSA and for a telephone number
which can be used by the public, at cost, to request such
information. Statements shall be made available to the public
for inspection and copying at such central depository of
information for all designated insurers within such MSA. The
Secretary shall also make copies of such statements available
in forms readable by widely used personal computers, such as
in disc format. The Secretary may charge a fee for such
information, which may not exceed the amount, determined by
the Secretary, that is equal to the cost of reproducing the
information.
(d) Submission to Secretary.--With respect to the
information required to be submitted under subsection (a) to
the Secretary, the Secretary shall develop regulations
prescribing the format and method for submitting such
information. Such regulations shall ensure uniformity among
insurers, to the extent practicable, in the format used for
reporting, including the definitions of data elements. Any
reporting insurer may submit in writing to the Secretary such
additional data or explanations as it deems relevant to the
decision by such insurer to sell insurance.
SEC. 4. DESIGNATIONS.
(a) Designations by the Secretary.--
(1) Designations of msa's.--The Secretary shall designate
the MSA's for which reporting is required under section 3(a).
The Secretary shall designate the 25 MSA's having the largest
population.
(2) Designation of insurers.--For each MSA designated under
paragraph (1), the Secretary shall take the following
actions:
(A) The Secretary shall designate the insurers transacting
insurance business in such MSA for which reporting is
required under section 3(a). At a minimum, the Secretary
shall designate the 25 insurers in such MSA having the
largest premium volume in the designated lines of insurance
in each State in which such MSA is located.
(B) In addition to the insurers designated under
subparagraph (A), the Secretary shall also designate any
entity primarily providing insurance in a designated line of
insurance as part of a residual market established by State
law.
(C) The Secretary shall also designate, in addition to the
insurers designated under subparagraphs (A) and (B), insurers
who specialize in selling insurance in urban areas, including
surplus lines insurers.
(D) The Secretary shall also designate, in addition to the
insurers designated under subparagraph (A), (B), and (C)
insurers such that insurers representing at least 80 percent
of the premium volume in each State in which such MSA is
located in the designated line of insurance are designated in
such MSA. The Secretary may not designate additional insurers
under this subparagraph if their market share in the
designated line of insurance in the applicable States, as
measured by premium volume in each State in which such MSA is
located, is under 1 percent.
(E) In addition to the insurers designated under
subparagraph (A), (B), (C), and (D) the Secretary may by
regulation designate additional insurers in a MSA if the
designation of additional insurers is necessary to provide
valid data with respect to the availability, cost, and type
of insurance in the MSA.
(F) The Secretary shall revoke the designation of an
insurer designated under subparagraph (A) as follows: If such
designated insurer has a market share in a designated line of
insurance in a MSA, as measured by premium volume in each
State in which such MSA is located, of under 1 percent, the
Secretary shall revoke the designation of such insurer
beginning with the insurer with the smallest market share of
such insurance if the remainder of the designated insurers
have a market share of at least 75 percent of such insurance
as measured by premium volume in each State in which such MSA
is located. In addition, the Secretary may revoke the
designation of any insurer designated under subparagraph (A)
with a market share in a designated line of insurance in a
MSA, as measured by premium volume in each State in which
such MSA is located, of under 1 percent if such designation
has not been revoked under this subparagraph and if such
insurer primarily sells insurance in rural areas of such MSA.
(G) For purposes of this paragraph, insurers which are
affiliated or are members of the same group shall be
considered together as one insurer.
(3) Designation of lines of insurance.--For each MSA
designated under paragraph (1) the following are the
designated lines of property and casualty insurance for which
reporting is required under section 3:
(A) Private passenger automobile insurance.
(B) Homeowners insurance.
(C) Dwelling fire and allied lines of insurance.
(4) Timing of designations.--
(A) Initial designations.--The Secretary shall make initial
designations required by paragraphs (1), (2), and (3) no
later than July 1 of the year preceding the first year for
which reporting is required under section 3. Such initial
designations shall be effective for 5 calendar years from the
date of designation.
(B) Subsequent designations.--Not later than July 1 of the
year preceding the fifth year after a designation under
subparagraph (A) or this subparagraph, the Secretary shall
make another designation to be effective upon the expiration
of such 5 years and such designation shall be effective for 5
calendar years from the date of designation.
(C) Notice.--The Secretary shall notify persons involved in
the designations no later than the July 15 which follows the
designation.
(b) Obtaining Information.--The Secretary may obtain from
insurers such information as the Secretary may require to
make designations under subsection (a).
SEC. 5. TASK FORCE ON AGENCY APPOINTMENTS.
(a) Establishment.--Within 90 days of the date of the
enactment of this Act, the Secretary shall establish a task
force on insurance agency appointments. The task force
shall--
(1) consist of representatives of appropriate Federal
agencies, property and casualty insurance agents, including
specifically minority insurance agents, property and casualty
insurance companies, State insurance regulators, and public
interest groups,
(2) have a significant representation from minority
insurance agents, and
(3) be chaired by the Secretary or the Secretary's
designee.
(b) Function.-- The task force shall--
(1) review the problems inner city and minority agents may
have in receiving appointments to represent property and
casualty insurance companies,
(2) review the practices of insurers in terminating agents
and consider the effect such practices have on the
availability or cost of insurance, especially in underserved
areas, and
(3) recommend solutions to improve the ability of inner
city and minority insurance agents to market property and
casualty insurance products, including steps property and
casualty insurance companies should take to increase their
appointments of such agents.
(c) Report and Termination.--The task force shall report to
the Committee on Energy and Commerce of the House of
Representatives and the appropriate Committee of the Senate
its findings under paragraphs (1) and (2) of subsection (b)
and its recommendations under paragraph (3) of subsection (b)
within 2 years after the date of the enactment of this Act.
The task force shall terminate when the report is submitted
to the Committees.
SEC. 6. IMPLEMENTATION OF SECTION 3.
(a) Regulations.--The Secretary shall promulgate such
regulations as may be necessary to carry out section 3. Such
regulations may--
(1) contain such classifications, differentiations, or
other provisions, and
(2) may provide for such adjustments and exceptions for any
class of transactions,
as in the judgment of the Secretary are necessary and proper
to effectuate the purposes of such section and to prevent
circumvention or evasion thereof or to facilitate compliance
therewith.
(b) Data Collection Contractor.--The Secretary may contract
with a data collection contractor to carry out the
Secretary's responsibilities under section 3 if the
contractor agrees to collect and make available the data
pursuant to the terms and conditions of such section. A
statistical agent may also be a data contractor.
(c) Role of Statistical Agents.--
(1) Acceptance of data.--The Secretary and, if applicable,
the contractor under the subsection (b) contract may accept
data reported under section 3(a) by a statistical agent
acting on behalf of more than one insurer if--
(A) the statistical plan used by the statistical agent for
the reporting of data on insurance provides for the reporting
of data in a manner compatible with section 3(a),
(B) the statistical agent reports such data on an
individual insurer basis, and, at the discretion of the
Secretary, on an aggregate basis,
(C) the statistical agent provides adequate procedures to
protect the integrity of the data reported,
(D) the statistical agent has procedures in place which
ensure that data reported under the statistical plan in
connection with reporting under this Act and submitted to the
Secretary are not subject to adjustment by the statistical
agent or an insurer for reasons other than technical accuracy
and conformance to the statistical plan,
(E) the statistical agent ensures that the data of one
insurer is not subject to review by other insurers before
public availability, and
(F) the statistical agent provides for the reporting of
data in a manner compatible with the format prescribed by the
Secretary under section 3(d).
(2) Discontinuance of data acceptance.--The Secretary may,
after providing an opportunity for a hearing, discontinue
accepting data reported under section 3(a) by a statistical
agent acting on behalf of more than one insurer if the
Secretary determines the requirements for acceptance of data
in paragraph (1) are no longer met.
(d) Role of GAO.--The Comptroller General shall have the
authority to review and audit any data collection and
reporting per-
[[Page 1255]]
formed under section 3, whether by the Secretary, the
contractor under the subsection (b) contract, or a
statistical agent, to ensure that the integrity of the data
collected and reported is protected.
(e) Burdens on Insurance Agents.--In prescribing
regulations under this Act, the Secretary shall take into
consideration the administrative, paperwork, and other
burdens on insurance agents, including independent insurance
agents, involved in complying with the requirements of this
Act and shall minimize the burdens imposed by such
requirements with respect to such agents.
SEC. 7. RELATION TO STATE LAWS.
This Act does not annul, alter, or affect, or exempt the
obligation of any insurer subject to this Act to comply with
the laws of any State or subdivision thereof with respect to
public disclosure and recordkeeping.
SEC. 8. COMPILATION OF AGGREGATE DATA.
(a) Scope of Data and Tables.--The Secretary shall compile
each year, for each MSA, data aggregated by 5-digit zip code
for all insurers who are subject to section 3 or who are
exempt from section 3 under subsection (b)(7)(A) of such
section. The Secretary shall also produce tables indicating,
for each MSA, insurance policies aggregated for various
categories of 5-digit zip codes grouped according to
location, age of property, income level, and racial
characteristics of neighborhood.
(b) Aggregation of Information.--Statistical agents may
aggregate the data of insurers that report to them and may
provide such information to the Secretary. The Secretary may
also provide the individual company data submitted by
insurers to statistical agents for aggregation.
(c) Availability to Public.--The data compiled and the
tables produced pursuant to subsection (a) shall be made
available to the public on a timetable determined by the
Secretary but not later than October 1 of the year following
the calendar year on which the data and tables are based.
SEC. 9. ENFORCEMENT.
(a) Civil Penalties.--Any insurer who is determined by the
Secretary, after providing opportunity for a hearing on the
record, to have violated the requirements of section 3 shall
be subject to a civil penalty of not to exceed $5,000 for
each day during which such violation continues.
(b) Injunction.--The Secretary may bring an action in an
appropriate United States district court for appropriate
declaratory and injunctive relief against any insurer who
violates the requirements of section 3.
(c) Insurer Liability.--An insurer shall be responsible
under subsections (a) and (b) for any violation of a
statistical agent acting on behalf of the insurer.
SEC. 10. SUNSET.
(a) Expiration.--Except as provided in subsection (b), this
Act shall not be in effect after the expiration of 5 years
from its effective date. Prior to the expiration of 4 years
from such date, the Secretary shall report to the Energy and
Commerce Committee of the House of Representatives and the
appropriate committee of the Senate--
(1) the quality of data received under section 3 and the
effectiveness of the data requirement, including the relation
between the cost of such data gathering and the benefits from
having such data available,
(2) the appropriateness of the geographic data reporting
units,
(3) the need for continued reporting by the designated
insurers in urban areas,
(4) the efforts of insurers to meet the insurance needs of
minority and low-income neighborhoods, and
(5) such other information as the Secretary determines will
assist in considering an extension of this Act.
(b) Extension.--Based on the Secretary's report on the need
described in subsection (a)(3) and the information described
in subsection (a)(5), the Secretary may extend this Act for
one period of 2 years.
SEC. 11. STUDIES.
(a) Study of Information on Insurance Applicants.--
(1) In general.--The Secretary shall conduct a study to
determine the feasibility and utility of the collection of
information with respect to the characteristics of applicants
for insurance and reasons for rejection of applicants. The
study shall examine the extent to which--
(A) oral applications or representations are used by
insurers and agents in making determinations regarding
whether or not to insure a prospective insured,
(B) written applications are used by insurers and agents in
making determinations regarding whether or not to insure a
prospective insured,
(C) written applications are submitted after the insurer or
agent has already made a determination to provide insurance
to a prospective insured or has determined that the
prospective insured is eligible for insurance, and
(D) prospective insureds are discouraged from submitting
applications for insurance based, in whole or in part, on--
(i) the location of the risk to be insured,
(ii) the race or ethnicity of the prospective insured,
(iii) the racial or ethnic composition of the neighborhood
in which the risk to be insured is located, and
(iv) in the case of residential property insurance, the age
and value of the risk to be insured.
(2) Report.--The Secretary shall report the results of the
study under paragraph (1) to the Committee on Energy and
Commerce of the House of Representatives and the appropriate
Committee of the Senate within 18 months of the date of the
enactment of this Act.
(b) Study of Insurer Actions To Meet Insurance Needs of
Certain Neighborhoods.--The Secretary shall conduct a study
of various practices, actions, programs, and methods
undertaken by insurers to meet the property and casualty
insurance needs of residents of low- and moderate-income
neighborhoods, minority neighborhoods, and small businesses
located in such neighborhoods. The Secretary may establish a
task force of interested parties, including representatives
of insurance companies, insurance agents, including minority
agents, and consumer representatives to discuss additional
practices, actions, programs, and methods to meet these
needs. The Secretary shall report the results of the study,
including any recommendations, to the Committee on Energy and
Commerce of the House of Representatives and the appropriate
Committee of the Senate no later than 2 years after the date
of the enactment of this Act.
SEC. 12. DEFINITIONS.
For purposes of this Act:
(1) The term ``commercial insurance'' means any line of
property and casualty insurance, except private passenger
automobile and homeowner's insurance.
(2) The term ``designated insurer'' means an insurer
designated by the Secretary pursuant to section 4(a)(2).
(3) The term ``designated line'' means a line of insurance
specified in section 4(a)(3).
(4) The term ``exposure units'' means units insured against
risk of loss by an insurer and the term ``units'' means an
automobile or the number of units in a building.
(5) The term ``insurer'' means any corporation,
association, society, order, firm, company, partnership,
individual, or aggregation of individuals which is subject to
examination or supervision by any State insurance regulator,
or which is doing or represents an insurance business. Such
term does not include an individual or entity which
represents an insurer as agent for the purpose of selling or
which represents a consumer as a broker for the purpose of
buying insurance.
(6) The term ``MSA'' means a Metropolitan Statistical Area
or a Consolidated Metropolitan Statistical Area and the term
``designated MSA'' means an MSA designated by the Secretary
pursuant to section 4(a)(1).
(7) The term ``property and casualty insurance'' means
insurance against loss of or damage to property, insurance
against loss of income or extra expense incurred because of
loss of, or damage to, property, and insurance against third
party liability claims caused by negligence or imposed by
statute or contract.
(8) The term ``residual market'' means an assigned risk
plan, joint underwriting association, or any similar
mechanism designed to make insurance available to those
unable to obtain it in the voluntary market.
(9) The term ``Secretary'' means the Secretary of Commerce.
(10) The term ``State'' means any State, the District of
Columbia, the Commonwealth of Puerto Rico, the Northern
Mariana Islands, the Virgin Islands, American Samoa, and the
Trust Territory of the Pacific Islands.
SEC. 13. EFFECTIVE DATE.
The requirements of this Act shall take effect with respect
to information on insurance described in section 3 and
developed in and after calendar year 1995.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. TORRES, announced that the yeas had it.
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Para. 79.19 motion to instruct conferees--h.r. 3355
Mr. McCOLLUM submitted the privileged motion to instruct the managers
on the part of the House at the conference with the Senate on the
disagreeing votes of the two Houses on the House amendment to the Senate
amendment to the bill (H.R. 3355) to amend the Omnibus Crime Control and
Safe Streets Act of 1968 to allow grants to increase police presence, to
expand and improve cooperative efforts between law enforcement agencies
and members of the community to address crime and disorder problems, and
otherwise to enhance public safety; be instructed not to make any
agreement that does not include section 2405 of the Senate amendment,
providing mandatory prison terms for use, possession, or carrying of a
firearm, or destructive device during a state crime of violence or state
drug trafficking crime.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
[[Page 1256]]
The SPEAKER pro tempore, Mr. TORRES, announced that the nays had it.
Mr. McCOLLUM objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
291
When there appeared
<3-line {>
Nays
128
Para. 79.20 [Roll No. 340]
YEAS--291
Ackerman
Allard
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barrett (NE)
Bartlett
Barton
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Boucher
Brewster
Browder
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Carr
Castle
Chapman
Clement
Clinger
Coble
Coleman
Collins (GA)
Combest
Condit
Cooper
Costello
Cramer
Crane
Crapo
Cunningham
Danner
Darden
Deal
DeLay
Deutsch
Diaz-Balart
Dickey
Dooley
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
Engel
English
Everett
Ewing
Fawell
Fazio
Fields (TX)
Filner
Fingerhut
Fish
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Herger
Hoagland
Hobson
Hochbrueckner
Hoekstra
Holden
Houghton
Huffington
Hunter
Hutchinson
Inhofe
Inslee
Istook
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Johnston
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Matsui
Mazzoli
McCandless
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McKeon
McNulty
Meehan
Menendez
Meyers
Mfume
Mica
Miller (FL)
Minge
Moakley
Molinari
Montgomery
Moorhead
Moran
Murphy
Murtha
Myers
Neal (MA)
Nussle
Oberstar
Obey
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Paxon
Peterson (MN)
Petri
Pombo
Pomeroy
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Roth
Roukema
Rowland
Royce
Sangmeister
Santorum
Sarpalius
Saxton
Schaefer
Schenk
Schiff
Sensenbrenner
Shaw
Shays
Shepherd
Shuster
Sisisky
Skeen
Skelton
Slattery
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Strickland
Stump
Stupak
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thurman
Torkildsen
Torres
Torricelli
Traficant
Tucker
Unsoeld
Upton
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wilson
Wolf
Wyden
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--128
Abercrombie
Andrews (ME)
Bacchus (FL)
Barlow
Barrett (WI)
Becerra
Beilenson
Bentley
Bereuter
Berman
Blackwell
Bonior
Borski
Brooks
Brown (CA)
Brown (FL)
Cardin
Clay
Clayton
Clyburn
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Cox
Coyne
DeFazio
DeLauro
Dellums
Derrick
Dingell
Dixon
Doolittle
Edwards (CA)
Eshoo
Evans
Farr
Fields (LA)
Flake
Foglietta
Ford (TN)
Frank (MA)
Gephardt
Glickman
Gonzalez
Gutierrez
Hamburg
Hastings
Hefner
Hilliard
Hinchey
Hoke
Horn
Hoyer
Hughes
Hyde
Inglis
Jacobs
Jefferson
Johnson, E. B.
Kanjorski
Kopetski
LaFalce
Laughlin
Lewis (GA)
Lipinski
Martinez
McCloskey
McDermott
McKinney
Meek
Miller (CA)
Mineta
Mink
Mollohan
Morella
Nadler
Neal (NC)
Olver
Owens
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Pickett
Pickle
Porter
Price (NC)
Rangel
Reed
Rohrabacher
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Skaggs
Slaughter
Smith (IA)
Smith (MI)
Stokes
Studds
Swift
Synar
Thompson
Thornton
Towns
Valentine
Velazquez
Vento
Visclosky
Waters
Watt
Waxman
Wheat
Williams
Wise
Woolsey
Wynn
Yates
NOT VOTING--15
Bateman
de la Garza
Dicks
Ford (MI)
Gallo
Hutto
Livingston
McCurdy
McMillan
Michel
Ros-Lehtinen
Sharp
Stark
Washington
Whitten
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
Para. 79.21 providing for the consideration of h.r. 3838
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-612) the resolution (H. Res. 482) providing for consideration of
the bill (H.R. 3838) to amend and extend certain laws relating to
housing and community development, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 79.22 providing for the consideration of h.r. 3870
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-613) the resolution (H. Res. 483) providing for consideration of
the bill (H.R. 3870) to promote the research and development of
environmental technologies.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 79.23 providing for the consideration of h.r. 4604
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-614) the resolution (H. Res. 484) providing for consideration of
the bill (H.R. 4604) to establish direct spending targets, and for other
purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 79.24 motion to instruct conferees--h.r. 3355
Mr. HOAGLAND submitted the privileged motion to instruct the managers
on the part of the House at the conference with the Senate on the
disagreeing votes of the two Houses on the House amendment to the Senate
amendment to the bill (H.R. 3355) to amend the Omnibus Crime Control and
Safe Streets Act of 1968 to allow grants to increase police presence, to
expand and improve cooperative efforts between law enforcement agencies
and members of the community to address crime and disorder problems, and
otherwise to enhance public safety; be instructed to meet promptly on
all issues committed to conference with the managers on the part of the
Senate.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. TORRES, announced that the yeas had it.
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
Para. 79.25 recess--8:00 p.m.
The SPEAKER pro tempore, Mr. TORRES, pursuant to clause 12 of rule I,
declared the House in recess at 8 o'clock p.m., subject to the call of
the Chair.
Para. 79.26 after recess--8:06 p.m.
The SPEAKER pro tempore, Mr. NADLER, called the House to order.
Para. 79.27 ``structured debate''
The SPEAKER pro tempore, Mr. NADLER, made the following statement in
behalf of the Speaker:
[[Page 1257]]
The House will again, as it did on May 4, 1994, conduct a structured
debate on a mutually agreed upon subject. A Member recognized by the
Speaker and holding the floor as moderator will yield time to eight
Members on two teams, with each team composed of two Members from the
Majority Party and two Members from the Minority Party.
The primary purpose of this debate is to enhance the quality of the
deliberative process of the House of Representatives, so as to enable
all Members to be better informed and to participate in subsequent
debates and decisions on major issues.
Under the previous orders of February 11 and June 10, 1994, Mr. Cardin
will be recognized to moderate a structured debate in the format and
sequence that he will describe, which has been mutually established by
the Majority and Minority Leaders.
The rules of the House with respect to decorum and proper forms of
address to the Chair will apply during this debate. The moderator will
yield time to the participants, and will insist that Members not
interrupt on other Members' time. As part of the experiment--and not as
a precedent for other proceedings of the House--the moderator and the
participants will have the aid of a visual timing device.
Para. 79.28 enrolled bills signed
Mr. ROSE, from the Committee on House Administration, reported that
that committee had examined and found truly enrolled bills of the House
of the following titles, which were thereupon signed by the Speaker:
H.R. 572. An Act for the relief of Melissa Johnson.
H.R. 1346. An Act to designate the Federal building located
on St. Croix, Virgin Islands as the ``Almeric L. Christian
Federal Building.''
H.R. 1873. An Act to require certain payments made to
victims of Nazi persecution to be disregarded in determining
eligibility for and the amount of benefits or services based
on need.
H.R. 2532. An Act to designate the Federal building and
United States courthouse in Lubbock, Texas, as the ``George
H. Mahon Federal Building and United States Courthouse.''
H.R. 3770. An Act to designate the United States courthouse
located at 940 Front Street in San Diego, California, and the
Federal building attached to the courthouse as the ``Edward
J. Schwartz Courthouse and Federal Building.''
H.R. 3840. An Act to designate the Federal building and
United States courthouse located at 100 East Houston Street
in Marshall, Texas, as the ``Sam B. Hall, Jr. Federal
Building and United States Courthouse.''
Para. 79.29 senate enrolled bills signed
The SPEAKER announced his signature to enrolled bills of the Senate of
the following title:
S. 537. An Act for the relief of Tania Gil Compton.
S. 832. An Act to designate the plaza to be constructed on
the Federal Triangle property in Washington, D.C., as the
``Woodrow Wilson Plaza.''
S. 1880. An Act to provide that the National Education
Commission on Time and Learning shall terminate on September
30, 1994.
Para. 79.30 leave of absence
By unanimous consent, leave of absence was granted to Mr. HUTTO, for
today after 6 p.m.
And then,
Para. 79.31 adjournment
On motion of Mr. CARDIN, at 9 o'clock and 46 minutes p.m., the House
adjourned.
Para. 79.32 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Ms. SLAUGHTER: Committee on Rules. House Resolution 482.
Resolution providing for consideration of the bill (H.R.
3838) to amend and extend certain laws relating to housing
and community development, and for other purposes (Rept. No.
103-612). Referred to the House Calendar.
Ms. SLAUGHTER: Committee on Rules. House Resolution 483.
Resolution providing for consideration of the bill (H.R.
3870) to promote the research and development of
environmental technologies (Rept. No. 103-613). Referred to
the House Calendar.
Mr. DERRICK: Committee on Rules. House Resolution 484.
Resolution providing for consideration of the bill (H.R.
4604) to establish direct spending targets, and for other
purposes (Rept. No. 103-614). Referred to the House Calendar.
Para. 79.33 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BROWN of California:
H.R. 4799. A bill to promote the research and development
of environmental technologies; to the Committee on Science,
Space, and Technology.
By Ms. SNOWE (for herself and Mr. Andrews of Maine):
H.R. 4800. A bill to grant the consent of the Congress to
the Texas Low-Level Radioactive Waste Disposal Compact;
jointly, to the Committees on Energy and Commerce and Natural
Resources.
By Mr. LaFALCE (for himself, Mr. Smith of Iowa, Mr.
Skelton, Mr. Mazzoli, Mr. Wyden, Mr. Bilbray, Mr.
Mfume, Mr. Klink, Ms. Roybal-Allard, Mr. Hilliard,
and Mr. Thompson):
H.R. 4801. A bill to amend the Small Business Act, and for
other purposes; to the Committee on Small Business.
By Mr. GORDON:
H.R. 4802. A bill to prohibit any charges on telephone
bills for calls to 800 numbers; to the Committee on Energy
and Commerce.
By Ms. NORTON (for herself, Mr. Owens, Mr. Tucker, Ms.
Collins of Michigan, Mr. Gonzalez, Ms. Roybal-Allard,
Mr. Dellums, Ms. Eddie Bernice Johnson of Texas, Ms.
McKinney, Ms. Brown of Florida, Mr. Mineta, Ms.
Velazquez, Mr. Hinchey, Mrs. Schroeder, Mr. Nadler,
Ms. Margolies-Mezvinsky, Mr. Serrano, Mrs. Maloney,
Mr. Martinez, Mr. McCloskey, Mr. Gene Green of Texas,
and Mrs. Kennelly):
H.R. 4803. A bill to amend the Fair Labor Standards Act of
1938 to prohibit discrimination in the payment of wages on
account of sex, race, or national origin, and for other
purposes; to the Committee on Education and Labor.
By Mr. SHAW (for himself, Mr. Deutsch, Ms. Brown of
Florida, Mrs. Fowler, Mr. Bilirakis, Mr. Young of
Florida, Mr. Canady, Mr. Goss, Mr. Bacchus of
Florida, Mrs. Meek of Florida, Ms. Ros-Lehtinen, Mr.
Johnston of Florida, Mr. Diaz-Balart, Mr. Hastings,
Mr. Lewis of Florida, Mr. McCollum, Mr. Hutto, Mr.
Peterson of Florida, Mr. Stearns, Mr. Mica, Mr.
Miller of Florida, and Mrs. Thurman):
H.R. 4804. A bill to authorize appropriations for
construction of a research facility in Broward County, FL, to
be used in connection with efforts to control Melaleuca and
other exotic plant species that threaten native ecosystems in
the State of Florida; to the Committee on Public Works and
Transportation.
By Mr. SLATTERY:
H.R. 4805. A bill to amend title 23, United States Code,
relating to penalties for use of motorcycle helmets; to the
Committee on Public Works and Transportation.
By Mr. WILLIAMS (for himself, Mr. Pomeroy, Ms. English
of Arizona, Mr. Oberstar, Mr. Johnson of South
Dakota, Mr. Stupak, Mr. Skeen, Mr. Richardson, Mr.
Swift, Mr. Kildee, Mrs. Meyers of Kansas, Mr. Flake,
Mr. Hilliard, Mr. Fazio, Mr. Schiff, Mr. Scott, Mr.
Minge, Mr. Martinez, Mr. Dellums, and Mr. Gutierrez):
H.R. 4806. A bill to provide land-grant status for certain
Indian colleges and institutions; jointly, to the Committees
on Agriculture and Education and Labor.
By Mrs. COLLINS of Illinois:
H.J. Res. 391. Joint resolution to designate the week of
September 12, 1994, through September 16, 1994, as ``National
Gang Violence Prevention Week''; to the Committee on Post
Office and Civil Service.
By Mr. RAMSTAD (for himself and Mr. Valentine):
H. Res. 485. Resolution expressing the sense of the House
of Representatives that any health care reform legislation
passed by Congress must ensure access to and the continued
advancement of medical technology; jointly, to the Committees
on Energy and Commerce and Ways and Means.
Para. 79.34 private bills and resolutions
Under clause 1 of rule XXII, private bills and resolutions were
introduced and severally referred as follows:
Mr. McDERMOTT:
H.R. 4807. A bill to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
for the vessel Tecumseh; to the Committee on Merchant Marine
and Fisheries.
H.R. 4808. A bill to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
for the vessel L.R. Beattie; to the Committee on Merchant
Marine and Fisheries.
Para. 79.35 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 146: Mr. Stearns.
H.R. 502: Mr. Kingston and Mr. Stearns.
H.R. 520: Mr. Dixon.
H.R. 642: Mr. Hastert.
H.R. 662: Mr. Stearns.
H.R. 840: Mr. Nadler.
H.R. 998: Mr. Stearns.
[[Page 1258]]
H.R. 1099: Mr. Ravenel.
H.R. 1106: Mr. Jefferson.
H.R. 1122: Mr. Stearns.
H.R. 1130: Mr. Stearns.
H.R. 1392: Mr. Stearns.
H.R. 1596: Mr. Hoekstra.
H.R. 1604: Mr. Stearns.
H.R. 1671: Mr. Nadler.
H.R. 1793: Mr. Mineta.
H.R. 1843: Mrs. Fowler and Mr. Mica.
H.R. 2467: Mr. Baesler and Mr. Camp.
H.R. 2472: Mr. Goodling.
H.R. 2543: Ms. Velazquez.
H.R. 2710: Mr. Fingerhut.
H.R. 2866: Mr. Bilbray, Mr. Skaggs, Mr. Traficant, Mr.
Porter, and Mr. Kreidler.
H.R. 3392: Mr. Walker.
H.R. 3415: Mr. Abercrombie.
H.R. 3630: Mr. Hughes, Mr. Hilliard, and Mr. Diaz-Balart.
H.R. 3635: Mr. Stearns.
H.R. 3705: Mr. McCollum, Mr. Stearns, Mrs. Meek of Florida,
Mr. Kleczka, Mr. Solomon, and Mr. Hutchinson.
H.R. 3739: Mr. Armey, Mr. Frost, Mr. Dornan, Mr. Darden,
and Mr. Manzullo.
H.R. 3940: Mr. Underwood and Mr. Reed.
H.R. 3943: Mr. Hutchinson.
H.R. 4279: Mr. Yates and Mr. Evans.
H.R. 4314: Mr. Beilenson.
H.R. 4375: Mr. Miller of California.
H.R. 4412: Mr. Stenholm.
H.R. 4441: Mr. Hyde.
H.R. 4463: Mr. McDermott and Mr. Hughes.
H.R. 4495: Ms. Velazquez, Ms. Woolsey, and Mr. Lantos.
H.R. 4496: Mr. Ehlers, Mr. Dellums, and Mr. DeFazio.
H.R. 4512: Mr. Mineta and Mr. Hilliard.
H.R. 4557: Mr. Crane and Mr. Grams.
H.R. 4570: Mr. Klein and Mr. Mineta.
H.R. 4584: Mr. Peterson of Minnesota.
H.R. 4590: Mr. Gonzalez, Mr. Spratt, Mr. Poshard, Mr.
Engel, Mrs. Collins of Illinois, Mr. Swett, Mr. Applegate,
Mr. Brown of Ohio, Mr. Romero-Barcelo, Mr. Hilliard, Mr.
Blackwell, Mr. Borski, Mr. Dixon, Mr. Upton, Mr. Torricelli,
Mr. Taylor of Mississippi, Mr. Moran, Mr. Conyers, Mr.
Rahall, and Mr. Murphy.
H.R. 4592: Mr. Coble and Mr. Doolittle.
H.R, 4643: Mr. Laughlin and Mr. Sarpalius.
H.R. 4675: Mr. Laughlin.
H.R. 4699: Ms. McKinney and Mr. de Lugo.
H.R. 4791: Mr. Livingston, Mr. Ramstad, and Mr. McCollum.
H.J. Res. 160: Mr. Lewis of Kentucky.
H.J. Res. 374: Mr. DeFazio, Mr. Camp, Mr. Pickett, Mr.
Reed, Mr. Engel, Mr. Brewster, Mr. Ortiz, Mr. Torres, Mr.
Hastings, Mr. Gonzalez, Mr. Slattery, Mr. Kopetski, Mr.
McDermott, Mr. Blackwell, Mr. Vento, Mr. Blute, Mr.
Traficant, Mr. DeLay, Mr. Pomeroy, Mr. McKeon, Mr. Gutierrez,
Mr. Parker, Mr. Moran, Mr. Darden, Mr. Inhofe, Mr. Stark, Mr.
Matsui, Mr. Gene Green of Texas, Mr. Swift, Mr. Durbin, Ms.
Cantwell, Mr. Richardson, Mr. Bonior, Mr. Barlow, Mr. Manton,
Mr. Cramer, Mr. Deutsch, Mr. Carr, Mr. Peterson of Minnesota,
Mr. Swett, Mr. Bryant, Mr. Bishop, Ms. Margolies-Mezvinsky,
Mr. Wynn, Ms. Brown of Florida, Mr. Romero-Barcelo, Mr.
Sanders, Mr. McInnis, Ms. Woolsey, Mr. Spratt, Mr. Sabo, Mr.
Abercrombie, Mr. Montgomery, Mr. Minge, Mr. Andrews of Maine,
Mr. Berman, Mr. Beilenson, Mr. Hamilton, Mr. Smith of Iowa,
Mr. Hall of Texas, Mr. Stenholm, Mr. Tauzin, Mr. Hutto, Mr.
McHale, Mr. Neal of Massachusetts, Mr. Valentine, Mr.
Dellums, Mr. Menendez, Mr. Evans, Mr. Roemer, Mr. Dooley, Mr.
Clement, Ms. Shepherd, Ms. McKinney, Ms. Schenk, Mr. Scott,
Mr. Pallone, Mr. Edwards of Texas, Mrs. Collins of Illinois,
Mr. Cardin, Mr. Gejdenson, Mr. Upton, Mr. Wyden, Mr. Browder,
Mr. Sharp, Mr. Coppersmith, Mr. Rose, Mr. Olver, Mr. Tucker,
Mr. Towns, Mr. Fingerhut, Mrs. Mink of Hawaii, Mr. Callahan,
Mr. Stump, Mr. Stokes, Mr. Hefner, Mr. Neal of North
Carolina, Mr. Murphy, Mr. Ravenel, Mr. Moorhead, Mr. Wolf,
Mr. Gibbons, Mr. Owens, Mr. Conyers, Mr. Hayes, Mr. Nadler,
Mrs. Lloyd, Mr. Markey, Mr. Volkmer, Mr. Sarpalius, and Mr.
Ramstad.
H.J. Res. 383: Mr. Blute and Mr. McDermott.
H.J. Res. 385: Mr. Bevill, Mrs. Lowey, Mr. Bateman, and Mr.
Moran.
H.J. Res. 387: Mr. Bacchus of Florida, Mr. Baker of
Louisiana, Mrs. Bentley, Mr. Blackwell, Mr. Callahan, Mr.
Coble, Mr. Doolittle, Ms. Dunn, Mr. Emerson, Mr. Ewing, Mr.
Fish, Mr. Frost, Mr. Gallegly, Mr. Gekas, Mr. Gonzalez, Mr.
Hughes, Mr. Kasich, Mr. King, Mr. Livingston, Mr. Saxton,
Mrs. Thurman, Mr. Washington, Mr. de Lugo, Mr. Fields of
Texas, Mr. Hochbrueckner, Mr. Horn, Mr. McDade, Mr. Manton,
Mr. Meehan, Mr. Pallone, Mr. Romero-Barcelo, Mr. Lewis of
California, Mr. Lipinski, Mrs. Fowler, and Ms. Eddie Bernice
Johnson of Texas.
H. Con. Res. 210: Mr. Talent.
H. Con. Res. 212: Mr. Berman, Ms. Lowey, Mrs. Maloney, Mr.
Stark, and Ms. Velazquez.
H. Con. Res. 229: Mr. Markey.
H. Con. Res. 234: Mr. Stark and Mr. Wynn.
H. Con. Res. 246: Mr. Meehan, Mr. Lipinski, Ms. Pelosi, Mr.
Sanders, Mr. Clyburn, Ms. Furse, Mr. Gene Green of Texas, Mr.
Reynolds, Mr. Towns, Ms. Norton, Mr. Dellums, Mr. Scott, Mrs.
Meek of Florida, and Ms. Velazquez.
H. Con. Res. 262: Mr. Cramer, Mrs. Vucanovich, Mr. Ehlers,
Mr. Gillmor, Mr. Cox, Ms. Snowe, Mr. Gallegly, Mr. Levy, Mr.
Brown of Ohio, Mr. Hilliard, and Mr. Hamburg.
H. Res. 270: Mr. Hastert.
H. Res. 434: Mr. McHugh and Mr. DeLay.
H. Res. 481: Mr. Ramstad, Mr. Bartlett of Maryland, and Mr.
Sam Johnson.
.
THURSDAY, JULY 21, 1994 (80)
The House was called to order by the SPEAKER.
Para. 80.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Wednesday, July 20, 1994.
Mr. DERRICK, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Mr. DERRICK objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
235
When there appeared
<3-line {>
Nays
161
Para. 80.2 [Roll No. 341]
YEAS--235
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Berman
Bevill
Bilbray
Bishop
Bonior
Borski
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Combest
Condit
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
Deal
DeFazio
DeLauro
Derrick
Deutsch
Dicks
Dingell
Dooley
Durbin
Edwards (CA)
Edwards (TX)
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Frank (MA)
Frost
Furse
Gejdenson
Gibbons
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hansen
Hastings
Hayes
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Houghton
Hoyer
Hughes
Hutto
Inglis
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kasich
Kennedy
Kennelly
Kildee
Kingston
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Long
Lowey
Mann
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Myers
Nadler
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pombo
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (NJ)
Snowe
Spratt
Stark
Stenholm
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Traficant
Unsoeld
Valentine
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--161
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Brown (CA)
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Castle
Clay
Coble
Collins (GA)
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Gunderson
Hancock
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Huffington
Hutchinson
Hyde
Inhofe
Jacobs
[[Page 1259]]
Johnson (CT)
Johnson, Sam
Kim
King
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lloyd
Lucas
Machtley
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Murphy
Nussle
Oxley
Packard
Paxon
Petri
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--38
Becerra
Beilenson
Blackwell
Boucher
Canady
Carr
Chapman
Conyers
de la Garza
Dellums
Dixon
Engel
Ford (MI)
Ford (TN)
Gallo
Gephardt
Geren
Greenwood
Harman
Hefner
Hunter
Istook
Kaptur
Maloney
Manton
Neal (NC)
Pickle
Porter
Ros-Lehtinen
Smith (IA)
Stokes
Towns
Tucker
Velazquez
Washington
Whitten
Williams
Wilson
So the Journal was approved.
Para. 80.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3560. A letter from the Chairman, Federal Reserve System,
transmitting its monetary policy report for 1994, a pursuant
to 12 U.S.C. 225a; to the Committee on Banking, Finance and
Urban Affairs.
3561. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting a copy of Presidential
Determination No. 94-29 on the eligibility of South Africa to
be furnished defense articles and services under the Foreign
Assistance Act and the Arms Export Control Act, pursuant to
22 U.S.C. 2753(a); to the Committee on Foreign Affairs.
Para. 80.4 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
Para. 80.5 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed without amendment a bill and a joint
resolution of the House of the following titles:
H.R. 4322. An Act to amend the Small Business Act to
increase the authorization for the development company
program, and for other purposes; and
H. Con. Res. 261. Concurrent resolution to honor the United
States astronauts who flew in space as a part of the program
of the National Aeronautics and Space Administration to reach
and explore the Moon.
The message also announced that the Senate agreed to the amendments of
the House to the resolution (S.J. Res. 172) ``Joint resolution
designating May 30, 1994, through June 6, 1994, as a `Time for the
National Observance of the 50th Anniversary of World War II.' ''
Para. 80.6 privileges of the house--return of senate bill
Mr. GIBBONS rose to a question of the privileges of the House and
submitted the following resolution (H. Res. 486):
Resolved, That the bill of the Senate (S. 729) to amend the
Toxic Substances Control Act to reduce the levels of lead in
the environment, and for other purposes, in the opinion of
this House, contravenes the first clause of the seventh
section of the first article of the Constitution of the
United States and is an infringement of the privileges of
this House and that such bill be respectfully returned to the
Senate with a message communicating this resolution.
The SPEAKER pro tempore, Mr. WISE, ruled that the resolution submitted
did present a question of the privileges of the House under rule IX, and
recognized Mr. GIBBONS and Mr. HANCOCK, each for thirty minutes.
After debate,
On motion of Mr. GIBBONS, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. WISE, announced that the yeas had it.
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 80.7 privileges of the house--return of senate bill
Mr. GIBBONS rose to a question of the privileges of the House and
submitted the following resolution (H. Res. 487):
Resolved, That the bill of the Senate (S. 1030) entitled
the ``Veterans Health Programs Improvement Act of 1994'', in
the opinion of this House, contravenes the first clause of
the seventh section of the first article of the Constitution
of the United States and is an infringement of the privileges
of this House and that such bill be respectfully returned to
the Senate with a message communicating this resolution.
The SPEAKER pro tempore, Mr. WISE, ruled that the resolution submitted
did present a question of the privileges of the House under rule IX, and
recognized Mr. GIBBONS and Mr. HANCOCK, each for thirty minutes.
After debate,
On motion of Mr. GIBBONS, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. WISE, announced that the yeas had it.
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 80.8 providing for the consideration of h.r. 4604
Mr. DERRICK, by direction of the Committee on Rules, called up the
following resolution (H. Res. 484):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the State of the Union for consideration of
the bill (H.R. 4604) to establish direct spending targets,
and for other purposes. The first reading of the bill shall
be dispensed with. General debate shall be confined to the
bill and the amendments made in order by this resolution and
shall not exceed one hour, with thirty minutes equally
divided and controlled by the chairman and ranking minority
member of the Committee on Rules and thirty minutes equally
divided and controlled by the chairman and ranking minority
member of the Committee on Government Operations. After
general debate the bill shall be considered for amendment
under the five-minute rule. It shall be in order to consider
as an original bill for the purpose of amendment under the
five-minute rule and amendment in the nature of a substitute
consisting of the text of the bill modified by the amendment
printed in part 1 of the report of the Committee on Rules
accompanying this resolution. That amendment in the nature of
a substitute shall be considered as read. No other amendment
shall be in order except those printed in part 2 of the
report of the Committee on Rules. Each amendment may be
offered only in the order printed in the report, may be
offered only by a Member designated in the report, shall be
considered as read, shall be debatable for the time specified
in the report equally divided and controlled by the proponent
and an opponent, shall not be subject to amendment except as
specified in the report, and shall not be subject to a demand
for division of the question in the House or in the Committee
of the Whole. All points of order against the amendments
printed in part 2 of the report are waived. If more than one
of the amendments printed in part 2 of the report is adopted,
only the last to be adopted shall be considered as finally
adopted and reported to the House. At the conclusion of
consideration of the bill for amendment the Committee shall
rise and report the bill to the House with such amendments as
may have been finally adopted. Any Member may demand a
separate vote in the House on any amendment adopted in the
Committee of the Whole to the bill or to the amendment in the
nature of a substitute made in order as original text. The
previous question shall be considered as ordered on the bill
and amendments thereto to final passage without intervening
motion except one motion to recommit with or without
instructions.
When said resolution was considered.
After debate,
Mr. DERRICK moved the previous question on the resolution to its
adoption or rejection.
The question being put, viva voce,
Will the House now order the previous question?
The SPEAKER pro tempore, Mr. BILBRAY, announced that the nays had it.
Mr. DERRICK objected to the vote on the ground that a quorum was not
present and not voting.
[[Page 1260]]
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
245
When there appeared
<3-line {>
Nays
180
Para. 80.9 [Roll No. 342]
YEAS--245
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Unsoeld
Valentine
Vento
Visclosky
Volkmer
Washington
Waters
Watt
Waxman
Wheat
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--180
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cooper
Coppersmith
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Paxon
Penny
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--9
Brooks
Carr
Ford (MI)
Gallo
Gibbons
Ros-Lehtinen
Tucker
Velazquez
Whitten
So the previous question on the resolution was ordered.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. BILBRAY, announced that the yeas had it.
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 80.10 subpoena
The SPEAKER pro tempore, Mr. BILBRAY, laid before the House a
communication, which was read as follows:
Congress of the United States,
Washington, DC, July 20, 1994.
Hon. Thomas S. Foley,
Speaker, U.S. House of Representatives,
Washington, DC.
Dear Mr. Speaker: The purpose of this letter is to notify
you pursuant to Rule L (50) of the Rules of the House that I
have been served with a subpoena issued by the United States
Bankruptcy Court for the Middle District of Pennsylvania for
materials related to a bankruptcy case.
This subpoena was issued to my office at 3:30 p.m. on July
19, 1994, seeking my presence and documents in Bankruptcy
Court at 10:00 a.m., July 20, 1994, when I will be in
Washington conducting official business.
After consultation with the General Counsel, he has
determined that compliance with the subpoena at this time is
not consistent with the privileges and precedents of the
House. I acknowledge his determination and have agreed not to
provide documents which might infringe on the rights of the
House of Representatives.
Sincerely,
Paul E. Kanjorski,
Member of Congress.
Para. 80.11 message from the president--bulgaria-mfn
The SPEAKER pro tempore, Mr. BILBRAY, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
On June 3, 1993, I determined and reported to the Congress that
Bulgaria is in full compliance with the freedom of emigration criteria
of sections 402 and 409 of the Trade Act of 1974. This determination
allowed for the continuation of most-favored-nation (MFN) status and
certain United States Government financial programs for Bulgaria
without the requirement of a waiver.
As required by law, I am submitting an updated Report to Congress
concerning emigration laws and policies of the Republic of Bulgaria.
You will find that the report indicates continued Bulgarian compliance
with U.S. and international standards in areas of emigration and human
rights policy.
William J. Clinton.
The White House, July 21, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Ways and Means and ordered to
be printed (H. Doc. 103-283).
Para. 80.12 budget control
The SPEAKER pro tempore, Mr. BILBRAY, pursuant to House Resolution 484
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 4604) to establish direct spending targets, and for other
purposes.
The SPEAKER pro tempore, Mr. BILBRAY, by unanimous consent, designated
Mr. VISCLOSKY as Chairman of the Committee of the Whole; and after some
time spent therein,
Para. 80.13 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment in the nature of a substitute
submitted by Mr. KASICH:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mandatory Spending Control
Act of 1994''.
SEC. 2. ESTABLISHMENT AND ENFORCEMENT OF MANDATORY SPENDING
LIMITS.
(a) Definitions.--Section 250(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended--
(1) in paragraph (3), by inserting ``(A)'' after ``(3)''
and by adding at the end the following new subparagraph:
[[Page 1261]]
``(B) The term `mandatory spending breach' means, for any
fiscal year, the amount (if any) by which estimated outlays
for that year for mandatory spending exceed the mandatory
spending limit for that year set forth in the most recently
adopted joint resolution on the budget.''; and
(2) by adding at the end the following new paragraph:
``(22) The term `mandatory spending' means direct spending
excluding--
``(A) social security;
``(B) net interest;
``(C) deposit insurance;
``(D) any program with projected annual spending of less
than $50 million in outlays for the budget year;
``(E) payments from one direct spending account to another;
``(F) offsetting receipts and collections; or
``(G) other non-budgetary activities and prior legal
obligations set forth in section 252B(u).''.
(b) Mandatory Spending Limits.--(1) Part C of the Balanced
Budget and Emergency Deficit Control Act of 1985 is amended
by adding after section 252 the following new sections:
``SEC. 252A. ENFORCING MANDATORY SPENDING LIMITS.
``(a) Fiscal Years 1996-1998 Enforcement.--
``(1) Sequestration.--Within 15 calendar days after
Congress adjourns to end a session and on the same day as a
sequestration (if any) under sections 251, 252, and 253, but
after such sequestrations, there shall be a sequestration to
eliminate a budget-year mandatory spending breach, if any, of
the mandatory spending limit. OMB shall use current economic
and technical estimates to carry out this section and in
making its estimates of mandatory spending shall take into
account any enacted legislation and any savings resulting
from a section 252 sequestration.
``(2) Eliminating a mandatory spending breach.--Each
mandatory spending program (or accounts comprising a program)
that exceeds its mandatory spending program cap established
by law under section 310 of the Congressional Budget Act of
1974 for the budget year shall be reduced by the amount by
which estimated outlays for that program exceeds its
mandatory spending program cap. If that sequestration is
insufficient to eliminate the mandatory spending breach, then
each mandatory spending account for which no mandatory
spending program cap was established by law under section 310
of the Congressional Budget Act of 1974 for the budget year
shall be reduced by the uniform percentage necessary to
eliminate the remaining budget-year mandatory spending breach
of the mandatory spending limit.
``(3) Look-back.--If legislation is enacted providing
mandatory spending that causes a mandatory spending breach
for the current year that was not included in the final
sequester report for that year, the mandatory spending limit
for the next fiscal year shall be reduced by the amount of
that breach.
``(b) Scorekeeping and Adjustments for Emergencies.--
``(1) Scorekeeping.--OMB and CBO shall prepare estimates
under this subsection in conformance with scorekeeping
guidelines determined after consultation among the House and
Senate Committees on the Budget, CBO, and OMB.
``(2) Treatment of emergencies.--When OMB submits a
sequestration report under section 254(g), the sequestration
report shall exclude any provision of mandatory spending
legislation that is enacted and that the President designates
as emergency requirements and the Congress so designates in
statute as an emergency.
``SEC. 252B. GENERAL AND SPECIAL SEQUESTRATION RULES.
``(a) Permanent Sequestration of Mandatory Spending.--
``(1) The rules set forth in this section apply only to
sequestrations that occur under section 252A.
``(2) Obligations in sequestered mandatory spending
accounts shall be reduced in the fiscal year in which a
sequestration occurs and in all succeeding fiscal years.
Notwithstanding any other provision of this section, after
the first mandatory spending sequestration, any later
sequestration shall reduce mandatory spending by an amount in
addition to, rather than in lieu of, the reduction in
mandatory spending in place under the existing sequestration
or sequestrations.
``(b) Uniform Percentages.--
``(1) In the case of a program for which a mandatory
spending program cap has been established under section 310
of the Congressional Budget Act of 1974, the uniform
percentage is the percentage reduction in spending required
to reduce spending for that program to its cap level. In the
case of a program for which no mandatory spending program cap
has been established under that section, the uniform
percentage is the percentage reduction in spending required
to eliminate the remaining budget-year breach of the
mandatory spending limit.
``(2) The sequestrable base for mandatory spending rules
and activities is the total budget-year level of outlays for
those programs or activities in the current policy baseline
minus--
``(A) those budget-year outlays resulting from obligations
incurred in the current or prior fiscal years, and
``(B) those budget-year outlays resulting from exemptions.
``(3) For any direct spending program in which--
``(A) outlays pay for entitlement benefits,
``(B) a budget-year sequestration takes effect after the
1st day of the budget year, and
``(C) that delay reduces the amount of entitlement
authority that is subject to sequestration in the budget
year,
the uniform percentage otherwise applicable to the
sequestration of that program in the budget year shall be
increased as necessary to achieve the same budget-year outlay
reduction in that program as would have been achieved had
there been no delay.
``(4) If the uniform percentage otherwise applicable to the
budget-year sequestration of a program or activity is
increased under paragraph (3), then it shall revert to the
uniform percentage calculated under paragraph (2) when the
budget year is completed.
``(c) General Rules for Sequestration.--
``(1) Indefinite authority.--Except as otherwise provided,
sequestration in accounts for which obligations are
indefinite shall be taken in a manner to ensure that
obligations in the fiscal year of a sequestration and
succeeding fiscal years are reduced, from the level that
would actually have occurred, by the applicable sequestration
percentage or percentages.
``(2) Cancellation of budgetary resources.--Budgetary
resources sequestered from any account other than an
entitlement trust, special, or revolving fund account shall
revert to the Treasury and be permanently canceled or
repealed.
``(3) Indexed benefit payments.--If, under any entitlement
program--
``(A) benefit payments are made to persons or governments
more frequently than once a year, and
``(B) the amount of entitlement authority is periodically
adjusted under existing law to reflect changes in a price
index,
then for the first fiscal year to which a sequestration order
applies, the benefit reductions in that program accomplished
by the order shall take effect starting with the payment made
at the beginning of January or 7 weeks after the order is
issued, whichever is later. For the purposes of this
subsection, Veterans Compensation shall be considered a
program that meets the conditions of the preceding sentence.
``(4) Programs, projects, or activities.--Except as
otherwise provided, the same percentage sequestration shall
apply to all programs, projects, and activities within a
budget account (with programs, projects, and activities as
delineated in the appropriation Act or accompanying report
for the relevant fiscal year covering that account, or for
accounts not included in appropriation Acts, as delineated in
the most recently submitted President's budget).
``(5) Implementing regulations.--Administrative regulations
or similar actions implementing the sequestration of a
program or activity shall be made within 120 days of the
effective date of the sequestration of that program or
activity.
``(6) Distribution formulas.--To the extent that
distribution or allocation formulas differ at different
levels of budgetary resources within an account, program,
project, or activity, a sequestration shall be interpreted as
producing a lower total appropriation, with that lower
appropriation being obligated as though it had been the pre-
sequestration appropriation and no sequestration had
occurred.
``(7) Contingent fees.--In any account for which fees
charged to the public are legally determined by the level of
appropriations, fees shall be charged on the basis of the
presequestration level of appropriations.
``(d) Non-JOBS Portion of AFDC.--Any sequestration order
shall accomplish the full amount of any required reduction in
payments for the non-jobs portion of the aid to families with
dependent children program under the Social Security Act by
reducing the Federal reimbursement percentage (for the fiscal
year involved) by multiplying that reimbursement percentage,
on a State-by-State basis, by the uniform percentage
applicable to the sequestration of nonexempt direct spending
programs or activities.
``(e) JOBS Portion of AFDC.--
``(1) Full amount of sequestration required.--Any
sequestration order shall accomplish the full amount of any
required reduction of the job opportunities and basic skills
training program under section 402(a)(19), and part F of
title VI, of the Social Security Act, in the manner specified
in this subsection. Such an order may not reduce any Federal
matching rate pursuant to section 403(l) of the Social
Security Act.
``(2) New allotment formula.--
``(A) General rule.--Notwithstanding section 403(k) of the
Social Security Act, each State's percentage share of the
amount available after sequestration for direct spending
pursuant to section 403(l) of such Act shall be equal to that
percentage of the total amount paid to the States pursuant to
such section 403(l) for the prior fiscal year that is
represented by the amount paid to such State pursuant to such
section 403(l) for the prior fiscal year, except that a State
may not be allotted an amount under this subparagraph that
exceeds the amount that would have been allotted to such
State pursuant to such section 403(k) had the sequestration
not been in effect.
``(B) Reallotment of amounts remaining unallotted after
application of general rule.--Any amount made available after
sequestration for direct spending pursuant to section 403(l)
of the Social Security Act that remains unallotted as a
result of subparagraph (A) of this paragraph shall be
allotted among the States in proportion to the absolute
difference between the amount allotted,
[[Page 1262]]
respectively, to each State as a result of such subparagraph
and the amount that would have been allotted to such State
pursuant to section 403(k) of such Act had the sequestration
not been in effect, except that a State may not be allotted
an amount under this subparagraph that results in a total
allotment to the State under this paragraph of more than the
amount that would have been allotted to such State pursuant
to such section 403(k) had the sequestration not been in
effect.
``(f) Child Support Enforcement Program.--Any sequestration
order shall accomplish the full amount of any required
reduction in payments under sections 455 and 458 of the
Social Security Act by reducing the Federal matching rate for
State administrative costs under the program, as specified
(for the fiscal year involved) in section 455(a) of such Act,
to the extent necessary to reduce such expenditures by that
amount.
``(g) Commodity Credit Corporation.--
``(1) Effective date.--For the Commodity Credit
Corporation, the date on which a sequestration order takes
effect in a fiscal year shall vary for each crop of a
commodity. In general, the sequestration order shall take
effect when issued, but for each crop of a commodity for
which 1-year contracts are issued as an entitlement, the
sequestration order shall take effect with the start of the
sign-up period for that crop that begins after the
sequestration order is issued. Payments for each contract in
such a crop shall be reduced under the same terms and
conditions.
``(2) Dairy program.--(A) As the sole means of achieving
any reduction in outlays under the milk price-support
program, the Secretary of Agriculture shall provide for a
reduction to be made in the price received by producers for
all milk produced in the United States and marketed by
producers for commercial use. That price reduction (measured
in cents per hundredweight of milk marketed) shall occur
under subparagraph (A) of section 201(d)(2) of the
Agricultural Act of 1949 (7 U.S.C. 1446(d)(2)(A)), shall
begin on the day any sequestration order is issued, and shall
not exceed the aggregate amount of the reduction in outlays
under the milk price-support program, that otherwise would
have been achieved by reducing payments made for the purchase
of milk or the products of milk under this subsection during
that fiscal year.
``(3) Effect of delay.--For purposes of subsection (b)(1),
the sequestrable base for the Commodity Credit Corporation is
the budget-year level of gross outlays resulting from new
budget authority that is subject to reduction under
paragraphs (1) and (2), and subsection (b)(2) shall not
apply.
``(4) Certain authority not to be limited.--Nothing in this
Act shall restrict the Corporation in the discharge of its
authority and responsibility as a corporation to buy and sell
commodities in world trade, or limit or reduce in any way any
appropriation that provides the Corporation with funds to
cover its net realized losses.
``(h) Conservation Reserve Program.--Multiyear contracts
under the conservation reserve program shall be considered
binding and not subject to sequestration, but any contract
entered into after a sequestration applicable to that program
takes effect shall provide for payments reduced by the
uniform percentage or percentages applicable to that
sequestration.
``(i) Extended Unemployment Compensation.--(1) A State may
reduce each weekly benefit payment made under the Federal-
State Extended Unemployment Compensation Act of 1970 for any
week of unemployment occurring during any period with respect
to which payments are reduced under any sequestration order
by a percentage not to exceed the percentage by which the
Federal payment to the State under section 204 of such Act is
to be reduced for such week as a result of such order.
``(2) A reduction by a State in accordance with
subparagraph (A) shall not be considered as a failure to
fulfill the requirements of section 3304(a)(11) of the
Internal Revenue Code of 1986.
``(j) Federal Employees Health Benefits Fund.--For the
Federal Employees Health Benefits Fund, a sequestration order
shall take effect with the next open season. The
sequestration shall be accomplished by annual payments from
that Fund to the General Fund of the Treasury. Those annual
payments shall be financed solely by charging higher
premiums. For purposes of subsection (b)(1), the sequestrable
base for the Fund is the budget-year level of gross outlays
resulting from claims paid after the sequestration order
takes effect, and subsection (b)(2) shall not apply.
The premium increases under paragraph (2) shall begin with
the open season that occurs nearest to September 30 of the
fiscal year to which the sequestration first applies. If
those premium increases take effect in the first fiscal year
of a sequestration, the amount collected by the Fund in that
fiscal year as a result shall be used to partially finance
the payment to the Treasury required in that year, and the
amount of the recall under paragraph (1) shall be diminished
accordingly.
``(k) Federal Housing Finance Board.--Any sequestration of
the Federal Housing Finance Board shall be accomplished by
annual payments (by the end of each fiscal year) from that
Board to the general fund of the Treasury, in amounts equal
to the uniform sequestration percentage for that year times
the gross obligations of the Board in that year.
``(l) Federal Pay.--
``(1) In general.--Except as provided in section 111(b)(3),
new budget authority to pay Federal personnel shall be
reduced by the uniform percentage calculated under section
252A, but no sequestration order may reduce or have the
effect of reducing the rate of pay to which any individual is
entitled under any statutory pay system (as increased by any
amount payable under section 5304 of title 5, United States
Code, or section 302 of the Federal Employees Pay
Comparability Act of 1990) or the rate of any element of
military pay to which any individual is entitled under title
37, United States Code, or any increase in rates of pay which
is scheduled to take effect under section 5303 of title 5,
United States Code, section 1009 of title 37, United States
Code, or any other provision of law.
``(2) Definitions.--For purposes of this subsection:
``(A) The term ``statutory pay system'' shall have the
meaning given that term in section 5302(1) of title 5, United
States Code.
``(B) The term ``elements of military pay'' means--
``(i) the elements of compensation of members of the
uniformed services specified in section 1009 of title 37,
United States Code,
``(ii) allowances provided members of the uniformed
services under sections 403a and 405 of such title, and
``(iii) cadet pay and midshipman pay under section 203(c)
of such title.
``(C) The term ``uniformed services'' shall have the
meaning given that term in section 101(3) of title 37, United
States Code.
``(m) Guaranteed Student Loans.--(A) For all loans under
part B and part D of title IV of the Higher Education Act of
1965 made on or after the date of a sequestration, the
origination fees shall be increased by a uniform percentage
sufficient to produce the dollar savings in student loan
programs for the fiscal year of the sequestration required by
section 252A, and all subsequent origination fees shall be
increased by the same percentage, notwithstanding any other
provision of law.
``(B) The origination fees to which paragraph (A) applies
are those specified in sections 455(c) and 438(c) of that
Act.
``(n) Insurance Programs.--Any sequestration in a Federal
program that sells insurance contracts to the public
(including the Federal Crop Insurance Fund, the National
Insurance Development Fund, the National Flood Insurance
Fund, insurance activities of the Overseas Private Insurance
Corporation, and Veterans' life insurance programs) shall be
accomplished by annual payments from the insurance fund or
account to the general fund of the Treasury. The amount of
each annual payment by each such fund or account shall be the
amount received by the fund or account by increasing premiums
on contracts entered into after the date a sequestration
order takes effect by the uniform sequestration percentage,
and premiums shall be increased accordingly.
``(o) Medicaid.--The November 15th estimate of medicaid
spending by States shall be the base estimate from which the
uniform percentage reduction under any sequestration, applied
across-the-board by State, shall be made. Succeeding Federal
payments to States shall reflect that reduction. The Health
Care Financing Administration shall reconcile actual medicaid
spending for each fiscal year with the base estimate as
reduced by the uniform percentage, and adjust each State's
grants as soon as practicable, but no later than 100 days
after the end of the fiscal year to which the base estimate
applied, to comply with the sequestration order.
``(p) Medicare.--
``(1) Timing of application of reductions.--
``(A) In general.--Except as provided in subparagraph (B),
if a reduction is made in payment amounts pursuant to a
sequestration order, the reduction shall be applied to
payment for services furnished after the effective date of
the order. For purposes of the previous sentence, in the case
of inpatient services furnished for an individual, the
services shall be considered to be furnished on the date of
the individual's discharge from the inpatient facility.
``(B) Payment on the basis of cost reporting periods.--In
the case in which payment for services of a provider of
services is made under title XVIII of the Social Security Act
on a basis relating to the reasonable cost incurred for the
services during a cost reporting period of the provider, if a
reduction is made in payment amounts pursuant to a
sequestration order, the reduction shall be applied to
payment for costs for such services incurred at any time
during each cost reporting period of the provider any part of
which occurs after the effective date of the order, but only
(for each such cost reporting period) in the same proportion
as the fraction of the cost reporting period that occurs
after the effective date of the order.
``(2) No increase in beneficiary charges in assignment-
related cases.--If a reduction in payment amounts is made
pursuant to a sequestration order for services for which
payment under part B of title XVIII of the Social Security
Act is made on the basis of an assignment described in
section 1842(b)(3)(B)(ii), in accordance with section
1842(b)(6)(B), or under the procedure described in section
1870(f)(1) of such Act, the person furnishing the services
shall be considered to have accepted payment of the
reasonable charge for the services, less any reduction in
payment amount made pursuant to a sequestration order, as
payment in full.
``(3) No effect on computation of aapcc.--In computing the
adjusted average per capita
[[Page 1263]]
cost for purposes of section 1876(a)(4) of the Social
Security Act, the Secretary of Health and Human Services
shall not take into account any reductions in payment amounts
which have been or may be effected under this part.
``(q) Postal Service Fund.--Any sequestration of the Postal
Service Fund shall be accomplished by annual payments from
that Fund to the General Fund of the Treasury, and the
Postmaster General of the United States shall have the duty
to make those payments during the fiscal year to which the
sequestration order applies and each succeeding fiscal year.
The amount of each annual payment shall be--
``(1) the uniform sequestration percentage, times
``(2) the estimated gross obligations of the Postal Service
Fund in that year other than those obligations financed with
an appropriation for revenue foregone for that year.
Any such payment for a fiscal year shall be made as soon as
possible during the fiscal year, except that it may be made
in installments within that year if the payment schedule is
approved by the Secretary of the Treasury. Within 30 days
after the sequestration order is issued, the Postmaster
General shall submit to the Postal Rate Commission a plan for
financing the annual payment for that fiscal year and publish
that plan in the Federal Register. The plan may assume
efficiencies in the operation of the Postal Service,
reductions in capital expenditures, increases in the prices
of services, or any combination, but may not assume a lower
Fund surplus or higher Fund deficit and must follow the
requirements of existing law governing the Postal Service in
all other respects. Within 30 days of the receipt of that
plan, the Postal Rate Commission shall approve the plan or
modify it in the manner that modifications are allowed under
current law. If the Postal Rate Commission does not respond
to the plan within 30 days, the plan submitted by the
Postmaster General shall go into effect. Any plan may be
later revised by the submission of a new plan to the Postal
Rate Commission, which may approve or modify it.
``(r) Power Marketing Administrations and T.V.A.--Any
sequestration of the Department of Energy power marketing
administration funds or the Tennessee Valley Authority fund
shall be accomplished by annual payments from those funds to
the General Fund of the Treasury, and the administrators of
those funds shall have the duty to make those payments during
the fiscal year to which the sequestration order applies and
each succeeding fiscal year. The amount of each annual
payment by a fund shall be--
``(1) the direct spending uniform sequestration percentage,
times
``(2) the estimated gross obligations of the fund in that
year other than those obligations financed from discretionary
appropriations for that year.
Any such payment for a fiscal year shall be made as soon as
possible during the fiscal year, except that it may be made
in installments within that year if the payment schedule is
approved by the Secretary of the Treasury. Annual payments by
a fund may be financed by reductions in costs required to
produce the presequester amount of power (but those
reductions shall not include reductions in the amount of
power supplied by the fund), by reductions in capital
expenditures, by increases in rates, or by any combination,
but may not be financed by a lower fund surplus or a higher
fund deficit and must follow the requirements of existing law
governing the fund in all other respects. The administrator
of a fund or the TVA Board is authorized to take the actions
specified above in order to make the annual payments to the
Treasury.
``(s) Uranium Enrichment.--Any sequestration of the uranium
enrichment program shall be accomplished through annual
payments from that program to the general fund of the
Treasury, and the program administrator shall have the duty
to make those payments during the fiscal year to which the
sequestration order applies and each succeeding fiscal year.
The Secretary of Energy has the authority to reduce costs or
increase receipts, or a combination, as necessary to finance
those annual payments.
``(t) Veterans' Housing Loans.--(1) For all housing loans
guaranteed, insured, or made under chapter 37 of title 38,
United States Code, on or after the date of a sequestration,
the origination fees shall be increased by a uniform
percentage sufficient to produce the dollar savings in
veterans' housing programs for the fiscal year of the
sequestration required by section 252A, and all subsequent
origination fees shall be increased by the same percentage,
notwithstanding any other provision of law.
``(2) The origination fees to which paragraph (1) applies
are those referred to in section 3729 of title 38, United
States Code.
``(u) As used in section 250(c)(22), other non-budgetary
activities and prior legal obligations mean the following:
(1) expenses to the extent they result from private
donations, bequests, or voluntary contributions to the
Government;
(2) nonbudgetary activities, including but not limited to--
(A) credit liquidating and financing accounts;
(B) the Pension Benefit Guarantee Corporation Trust Funds;
(C) the Thrift Savings Fund;
(D) the Federal Reserve System; and
(E) appropriations for the District of Columbia to the
extent they are appropriations of locally raised funds;
(3) payments resulting from Government insurance,
Government guarantees, or any other form of contingent
liability, to the extent those payments result from
contractual or other legally binding commitments of the
Government at the time of any sequestration;
(4) the following accounts, which largely fulfill
requirements of the Constitution or otherwise make payments
to which the Government is committed--
Administration of Territories, Northern Mariana Islands
Covenant grants (14-0412-0-1-806);
Bureau of Indian Affairs, miscellaneous payments to Indians
(14-2303-0-1-452);
Bureau of Indian Affairs, miscellaneous trust funds, tribal
trust funds (14-9973-0-7-999);
Claims, defense;
Claims, judgments, and relief act (20-1895-0-1-806);
Compact of Free Association, economic assistance pursuant
to Public Law 99-658 (14-0415-0-1-806);
Compensation of the President (11-0001-0-1-802);
Customs Service, miscellaneous permanent appropriations
(20-9992-0-2-852);
Eastern Indian land claims settlement fund (14-2202-0-1-
806)
Farm Credit System Financial Assistance Corporation,
interest payments (20-1850-0-1-351);
Internal Revenue collections of Puerto Rico (20-5737-0-2-
852);
Panama Canal Commission, operating expenses and capital
outlay (95-5190-0-2-403);
Payments of Vietnam and USS Pueblo prisoner-of-war claims
(15-0104-0-1-153);
Payments to copyright owners (03-5175-0-2-376);
Payments to the United States territories, fiscal
assistance (14-0418-0-1-801);
Salaries of Article III judges;
Soldier's and Airmen's Home, payment of claims (84-8930-0-
7-705);
Washington Metropolitan Area Transit Authority, interest
payments (46-0300-0-1-401).
(5) the following noncredit special, revolving, or trust-
revolving funds--
Coinage profit fund (20-5811-0-2-803);
Exchange Stabilization Fund (20-4444-0-3-155);
Foreign Military Sales trust fund (11-82232-0-7-155);
(6)(A) any amount paid as regular unemployment compensation
by a State from its account in the Unemployment Trust Fund
(established by section 904(a) of the Social Security Act);
(B) any advance made to a State from the Federal
unemployment account (established by section 904(g) of such
Act) under title XII of such Act and any advance appropriated
to the Federal unemployment account pursuant to section 1203
of such Act; and
(C) any payment made from the Federal Employees
Compensation Account (as established under section 909 of
such Act) for the purpose of carrying out chapter 85 of title
5, United States Code, and funds appropriated or transferred
to or otherwise deposited in such Account;
(7) the earned income tax credit (payments to individuals
pursuant to section 32 of the Internal Revenue Code of
1986).''.
(2) The table of contents set forth in section 250(a) of
the Balanced Budget and Emergency Deficit Control Act of 1985
is amended by inserting after the item relating to section
252 the following new items:
``Sec. 252A. Enforcing mandatory spending limits.
``Sec. 252B. General and special sequestration rules.''.
SEC. 3. PRESIDENT'S BUDGET.
When the President submits the budget under section 1105(a)
of title 31, United States Code, for fiscal year 1996, 1997,
or 1998, the estimated actual mandatory spending set forth in
that budget may not exceed a direct spending limit which
shall also be set forth in that budget submission.
SEC. 4. CROSS-REFERENCE LIST OF MANDATORY SPENDING PROGRAMS
AND ACCOUNTS.
Up-to-Date List of Programs and Accounts.--After
consultation with the Directors of the Office of Management
and Budget and of the Congressional Budget Office, when the
President submits the budget under section 1105(a) of title
31, United States Code, beginning with fiscal year 1996, the
budget submission shall contain a list of programs and
corresponding budget accounts for purposes of establishing
mandatory spending program caps under section 252A of the
Balanced Budget and Emergency Deficit Control Act of 1985.
(b) Mandatory Spending Limit, Allocations of Mandatory
Spending, and Program Spending Caps Based Upon President's
List.--The mandatory spending limit established under section
301(a)(6) of the Congressional Budget Act of 1974,
allocations of total mandatory spending made pursuant to
section 602(a) of that Act, and the mandatory spending
program caps under section 252A of the Balanced Budget and
Emergency Deficit Control Act of 1985 shall be predicated
upon the most recent list submitted by the President under
subsection (a).
SEC. 5. CONGRESSIONAL BUDGET.
(a) Joint Resolutions on the Budget.--(1) Sections 3, 300,
301, 302, 303, 304, 305, 308, 310, and 311 of the
Congressional Budget and Impoundment Control Act of 1974 are
amended by striking ``concurrent resolution'' each place it
appears and by inserting ``joint resolution''.
(2) The table of contents set forth in section 1(b) of the
Congressional Budget and Im-
[[Page 1264]]
poundment Control Act of 1974 is amended by striking
``Concurrent'' in the items relating to sections 301, 303,
and 304 and inserting ``Joint''.
(3) Clauses 4(a)(2), 4(b)(2), 4(g), and 4(h) of rule X,
clause 8 of rule XXIII, and rule XLIX of the Rules of the
House of Representatives are amended by striking
``concurrent'' each place it occurs and inserting ``joint''.
(4) Section 258C(b)(1) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended by striking
``concurrent'' and by inserting ``joint''.
(b) Definition of Mandatory Spending.--Section 3 of the
Congressional Budget and Impoundment Control Act of 1974 is
amended by adding at the end the following new paragraph:
``(11) The term `mandatory spending' means direct spending
excluding social security, net interest, and deposit
insurance.''.
(c) Section 602 Allocations.--Section 602(a) of the
Congressional Budget Act of 1974 is amended--
(1)(A) in paragraph (1)(A), by striking ``and'' at the end
of clause (ii), by striking the semicolon and inserting ``,
and'' at the end of clause (iii), and by inserting after
clause (iii) the following new clause:
``(iv) total mandatory spending;''; and
(2) in paragraph (2), by striking ``and'' at the end of
subparagraph (B), by inserting ``; and'' at the end of
subparagraph (C), and by inserting after subparagraph (C) the
following new subparagraph:
``(D) total mandatory spending;''.
(d) Content of Joint Resolution on the Budget.--Section
301(a) of the Congressional Budget Act of 1974 is amended by
redesignating paragraphs (6) and (7) as paragraphs (7) and
(8), respectively, and by inserting after paragraph (5), the
following new paragraph:
``(6) the total mandatory spending limit;''.
(e) Reconciliation Directives.--Section 310(a)(1) of the
Congressional Budget Act of 1974 is amended by striking
``and'' at the end of subparagraph (C), by striking the comma
and inserting ``; and'' at the end of subparagraph (D), and
by inserting after subparagraph (D) the following new
subparagraph:
``(E) mandatory spending for such fiscal year for each
mandatory spending program subject to section 252A and
consistent with section 602(a) allocations;''.
(f) Establishment of Mandatory Spending Program Caps.--
Section 310 of the Congressional Budget Act of 1974 is
amended by adding at the end the following new subsection:
``(h) Establishment of Mandatory Spending Program Caps.--
``(1) Each committee of the House of Representatives or
Senate that receives a mandatory spending allocation under
section 602(a) for a budget year for the most recently
enacted joint budget resolution shall propose a mandatory
spending cap for each mandatory spending program within its
jurisdiction for that year and include that as part of its
recommendations submitted to the Committee on the Budget of
its House for inclusion in the reconciliation bill or
resolution. The total of all mandatory spending program caps
within the jurisdiction of a committee for a budget year may
not exceed the total mandatory spending allocation made to
that committee for that year under section 602(a).
``(2) It shall not be in order in either the House of
Representatives or the Senate to consider any bill or
resolution, or amendment thereto or conference report
thereon, that establishes or increases a mandatory spending
program cap established under section 310 for a budget year
that, when combined with all other such caps for that year,
would cause a breach of the mandatory spending limit.''.
(g) Compliance with Reconciliation Directions.--Section
310(c)(1) of the Congressional Budget and Impoundment Control
Act of 1974 is amended--
(1) by inserting ``or of subsection (h)'' after ``of
subsection (a)''; and
(2) in subparagraph (A), by adding at the end the following
new clause:
``(iii) if that committee fails to include mandatory
spending program caps for all mandatory spending programs
within its jurisdiction or if the sum of the mandatory
spending program caps for all mandatory spending programs
within its jurisdiction exceeds the total mandatory spending
allocation made to that committee for that fiscal year under
section 602(a); and''.
(h) Conforming Changes in Scoring Conventions.--Section 310
of the Congressional Budget Act of 1974 (as amended by
subsection (f)) is amended by adding at the end the following
new subsection:
``(i) Conforming Changes in Scoring Conventions.--The
Committees on the Budget of the House or Representatives and
the Senate, in consultation with the Directors of the Office
of Management and Budget and of the Congressional Budget
Office, may make such changes in scoring procedures as are
necessary to ensure sufficient mathematical consistency
between section 602(a) allocations, reconciliation
directions, and the House and Senate-passed versions of any
reconciliation bill or resolution.''.
(i) Conforming Change to Byrd Rule.--Section 313(b) of the
Congressional Budget Act of 1974 is amended by adding at the
end the following new paragraph:
``(4) A provision or a reconciliation bill or resolution
shall not be considered extraneous under this section if it
proposes a mandatory spending program cap for any program
pursuant to section 310(h).''.
(j) Special Reconciliation Process.--Section 258C of the
Balanced Budget and Emergency Deficit Control Act of 1985 is
amended--
(1) in subsection (a)(1), by inserting ``, 252A,'' after
``section 252'';
(2) by inserting ``or House of Representatives'' after
``Senate'' each place it appears except for subsection
(b)(4);
(3) in the second sentence of paragraph (3), by inserting
``or in mandatory spending'' after ``deficit''
(4) in the second sentence of paragraph (4), by inserting
``or mandatory spending reduction, as the case may be,''
after ``deficit reduction''; and
(5) in paragraph (5), by inserting ``or amount of mandatory
spending'' after ``deficit for such fiscal year'' and by
inserting ``or mandatory spending limit, as the case may
be,'' after ``maximum deficit amount''.
SEC. 6. ENFORCING DEFICIT TARGETS.
Section 254 of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended--
(1) in subsection (d)(1), by inserting ``mandatory
spending,'' before ``deficit'';
(2) in subsection (d), by redesignating paragraphs (4) and
(5) as paragraphs (5) and (6), respectively, and by inserting
after paragraph (3) the following new paragraph:
``(4) Mandatory spending sequestration reports.--The
preview reports shall set forth, for the current year and the
budget year, estimates of the amount of reduction in
mandatory spending, if any, required under section 252A.'';
and
(3) in subsection (g)(3), by inserting ``, mandatory
spending,'' before ``and'' in its side heading and by
inserting ``, mandatory spending, '' before ``pay-as-you-go''
in the first sentence.
SEC. 7. PROTECTION OF SOCIAL SECURITY.
No reductions in benefits payable under the old-age,
survivors, and disability insurance program established under
title II of the Social Security Act shall be made as a
consequence of this Act.
SEC. 8. EFFECTIVE DATE.
(a) In General.--Notwithstanding section 275(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985--
(1) the expiration date set forth in that section shall not
apply to the amendments made by this Act to the Balanced
Budget and Emergency Deficit Control Act of 1985; and
(2) and all sections of that Act, including sections 252
and 252A, necessary to carry out the amendments made by this
Act (but only for the purpose of carrying out those
amendments) shall remain in full force and effect.
(b) Title VI of Congressional Budget Act of 1974.--Section
607 of the Congressional Budget Act of 1974 is repealed.
It was decided in the
Yeas
194
<3-line {>
negative
Nays
233
Para. 80.14 [Roll No. 343]
AYES--194
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bunning
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clement
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Cox
Crane
Crapo
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Ewing
Fawell
Fields (TX)
Fingerhut
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Gordon
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Harman
Hastert
Hefley
Herger
Hoagland
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Inslee
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kreidler
Kyl
Lazio
Leach
Levy
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lucas
Machtley
Mann
Manzullo
McCandless
McCollum
McCrery
McCurdy
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Paxon
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schenk
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Swett
Talent
Tanner
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--233
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
[[Page 1265]]
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Chapman
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Glickman
Gonzalez
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Hastings
Hayes
Hefner
Hinchey
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (CA)
Lewis (GA)
Lloyd
Long
Lowey
Maloney
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Pickle
Pomeroy
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Romero-Barcelo (PR)
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Unsoeld
Valentine
Vento
Visclosky
Volkmer
Vucanovich
Washington
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--12
Burton
Carr
Everett
Faleomavaega (AS)
Ford (MI)
Gallo
Grandy
Hilliard
Ros-Lehtinen
Tucker
Underwood (GU)
Velazquez
So the amendment in the nature of a substitute was not agreed to.
After some further time,
Para. 80.15 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment in the nature of a substitute
submitted by Mr. STENHOLM:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Entitlement Control Act of 1994''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Definitions and treatments.
Sec. 4. Establishment of direct spending targets.
Sec. 5. Special direct spending message by President.
Sec. 6. Congressional action required.
Sec. 7. Spin-off law.
Sec. 8. Targeted sequestration.
Sec. 9. Comprehensive sequestration.
Sec. 10. Exempt programs and activities.
Sec. 11. General and special sequestration rules.
Sec. 12. Estimating assumptions, reports, and orders.
Sec. 13. The current policy baseline.
Sec. 14. Relationship to pay-as-you-go.
Sec. 15. Judicial review.
Sec. 16. Application.
Sec. 17. Effective date.
SEC. 2. PURPOSE.
The purpose of this Act is to create a mechanism to control
spending on mandatory programs and to increase accountability
for mandatory spending.
SEC. 3. DEFINITIONS AND TREATMENTS.
As used in this Act:
(1) The terms ``budget authority'', ``new budget
authority'', ``entitlement authority'', ``outlays'', and
``deficit'' have the meanings given to such terms in section
3 of the Congressional Budget and Impoundment Control Act of
1974.
(2) The term ``account'' means an item for which there is a
designated budget account identification code number in the
President's budget.
(3) The term ``budget year'' means, with respect to a
session of Congress, the fiscal year of the Government that
starts on October 1 of the calendar year in which that
session begins.
(4) The term ``budget-year session'' means any session of
Congress that starts in the calendar year in which that
budget year starts.
(5) The term ``CBO'' means the Director of the
Congressional Budget Office.
(6) The term ``current policy baseline'' means the
projection (described in section 13) of current-year levels
of new budget authority and outlays into the budget year and
the outyears.
(7) The term ``current year'' means the fiscal year that
immediately precedes a budget year.
(8) The term ``deposit insurance'' refers to the expenses
of the Federal Deposit Insurance Corporation and the funds it
incorporates, the Resolution Trust Corporation, the National
Credit Union Administration and the funds it incorporates,
the Office of Thrift Supervision; the Comptroller of the
Currency Assessment Funds, the RTC Office of the Inspector
General, and the deposit insurance activities of the Federal
Reserve.
(9) The term ``direct spending'' means--
(A) budget authority provided by law other than
appropriation Acts;
(B) entitlement authority; and
(C) the food stamp program.
If a law other than an appropriation Act alters the level of
discretionary appropriations, that effect shall be treated as
direct spending. If an appropriation Act alters the level of
direct spending, that effect shall be treated as direct
spending.
(10) The term `legislative day' means, with respect to
either House of Congress, any day of session.
(11) The term ``OMB'' means the Director of the Office of
Management and Budget.
(12) The term ``outyear'' means any of the 4 fiscal years
that follow a budget year.
(13) The terms ``sequester'' and ``sequestration'' mean the
cancellation under section 8 or 9 of direct spending
authority.
SEC. 4. ESTABLISHMENT OF DIRECT SPENDING TARGETS.
(a) Coverage.--The direct spending targets shall apply to
all direct spending programs within the Federal budget except
for net interest and deposit insurance.
(b) Initial Report.--Not later than 30 days after the date
of enactment of this Act, OMB shall submit a report to
Congress setting forth the direct spending targets for each
of fiscal years 1995 through 2000 in accordance with this
section.
(c) Determining Direct Spending Limits.--In calculating the
direct spending targets, OMB shall--
(1) calculate the projected level of direct spending
outlays for fiscal year 1995;
(2) calculate the increase in the direct spending targets
for each subsequent fiscal year through fiscal year 2000 to
allow growth in direct spending outlays to reflect--
(A) changes in the Consumer Price Index;
(B) changes in the number of beneficiaries under direct
spending programs for which the number of beneficiaries is a
variable in determining costs;
(C) an additional growth allowance of--
(i) 1 percent in 1996;
(ii) 1 percent in 1997;
(iii) 1 percent in 1998; and
(D) for offsetting receipts, the calculation pursuant to
this subsection shall allow offsetting receipts to decrease
to reflect change in the Consumer Price Index.
(d) Adjustment for Health Care Reform.--OMB shall calculate
adjustments to the direct spending targets to reflect any
increase in direct spending resulting from health care reform
legislation, enacted into law by December 31, 1994, if such
legislation would not increase the total deficit for the
period of fiscal years 1995 through 1999.
(e) Annual Adjustments.--When the President submits a
budget under section 1105(a) of title 31, United States Code,
for a fiscal year, OMB shall calculate adjustments to the
direct spending targets to reflect the following:
(1) Changes in inflation projections from the Director's
initial report under section 4(b).
(2) Changes in projections of the number of beneficiaries
from the Director's initial report under section 4(b).
(3) The costs of direct spending legislation to the extent
that it is offset by revenue increases or designated as an
emergency by Congress and the President under section 252 of
the Balanced Budget and Emergency Deficit Control Act of
1985.
(4) Legislation reducing direct spending to to the extent
that it offsets the deficit impact of a tax cut under section
252 of the Balanced Budget and Emergency Deficit Control Act
of 1985.
SEC. 5. SPECIAL DIRECT SPENDING MESSAGE BY PRESIDENT.
(a) Special Message.--If the OMB sequestration preview
report submitted under section 12(e) indicates that direct
spending for the budget year or any outyear will exceed the
applicable direct spending target, the budget submitted under
section 1105(a) of title 31, United States Code, shall
include a special direct spending message that includes
proposed legislative changes to offset the net deficit impact
of the excess identified by that OMB sequestration preview
report for each such year through any combination of:
(1) Reductions in direct spending outlays.
(2) Increases in the direct spending targets, if the
President has submits a written determination that, because
of economic or programmatic reasons, only some or none of the
excess should be offset.
(b) Introduction of President's Package.--Within 10 days
after the President submitted a special direct spending
message, the text referred to in subsection (a) shall be
introduced as a concurrent resolution in the House of
Representatives by the chairman of
[[Page 1266]]
its Committee on the Budget and in the Senate by the chairman
of its Committee on the Budget. If the chairman fails to do
so, after the 10th day the resolution may be introduced by
any Member of the House of Representatives or the Senate, as
the case may be. A concurrent resolution introduced under
this subsection shall be referred to the Committee on the
Budget of the House of Representatives or the Senate, as the
case may be.
SEC. 6. CONGRESSIONAL ACTION REQUIRED.
(a) In General.--The requirements of this section shall be
in effect for any year in which the OMB sequestration preview
report submitted under section 12(e) indicates that direct
spending for the budget year or any outyear will exceed the
applicable direct spending target.
(b) Requirements for Special Budget Resolution in the
House.--The Committee on the Budget in the House shall report
not later than March 15 a concurrent resolution, either as a
separate section of the concurrent resolution on the budget
reported pursuant to section 301 of the Congressional Budget
Act of 1974 or as a separate resolution, that includes
reconciliation instructions instructing the appropriate
committees of the House and Senate to report changes in laws
within their jurisdiction to offset any excess in direct
spending identified in the OMB sequestration preview report
submitted under section 12(e) as follows:
(1) Reductions in direct spending programs.
(2) Increases in the direct spending targets, except that
any increase in those targets may not be greater than the
increase included in the special reconciliation message
submitted by the President.
(c) Procedure If House Budget Committee Fails to Report
Required Resolution.--
(1) Automatic discharge of house budget committee.--In the
event that the House Committee on the Budget fails to report
a resolution meeting the requirements of subsection (b), the
committee shall be automatically discharged from further
consideration of the concurrent resolution reflecting the
President's recommendations introduced pursuant to section
5(b), and the concurrent resolution shall be placed on the
appropriate calendar.
(2) Consideration by house of discharged resolution.--Ten
days after the House Committee on the Budget has been
discharged under paragraph (1), any member may move that the
House proceed to consider the resolution. Such motion shall
be highly privileged and not debatable. It shall not be in
order to consider any amendment to the resolution except
amendments which are germane and which do not change the net
deficit impact of the resolution. Consideration of such
resolution shall be pursuant to the procedures set forth in
section 305 of the Congressional Budget Act of 1974 and
subsection (d).
(d) Consideration by the House of Representatives.--(1) It
shall not be in order in the House of Representatives to
consider a concurrent resolution on the budget unless that
concurrent resolution fully addresses the entirety of any
excess of the direct spending targets as identified in the
OMB sequestration preview report submitted under section
12(e) through reconciliation instructions requiring spending
reductions, or changes in the direct spending targets.
(2) If the concurrent resolution on the budget proposes to
eliminate or offset less than the entire excess for budget
year and any subsequent fiscal years, then the Committee on
the Budget shall report a separate resolution directing the
Committee on Government Operations to report legislation in-
creasing the direct spending targets for each applicable year
by the full amount of the excess not offset or eliminated. It
shall not be in order to consider any concurrent resolution
on the budget that does not offset the full amount of the
excess until the House of Representatives has agreed to the
resolution directing the increase in the direct spending
targets.
(e) Transmittal to Senate.--If a concurrent resolution
passes the House pursuant to subsection (d), the Clerk of the
House of Representatives shall cause the resolution to be
engrossed, certified, and transmitted to the Senate within
one calendar day of the day on which the resolution is
passed. The resolution shall be referred to the Senate
Committee on the Budget.
(f) Requirements for Special Budget Resolution in the
Senate.--The Committee on the Budget in the Senate shall
report not later than April 1 a concurrent resolution, either
as a separate section of a budget resolution reported
pursuant to section 301 of the Congressional Budget Act of
1974 or as a separate resolution, that shall include
reconciliation instructions instructing the appropriate
committees of the House and Senate to report changes in laws
within their jurisdiction to offset any excess through any
combination of:
(1) Reductions in direct spending programs.
(2) Increases in the direct spending targets, except that
any increase in those targets may not be greater than the
increase included in the special reconciliation message
submitted by the President.
(g) Procedure if Senate Budget Committee Fails to Report
Required Resolution.--
(1) Automatic discharge of senate budget committee.--In the
event that the Senate Committee on the Budget fails to report
a resolution meeting the requirements of subsection (f), the
committee shall be automatically discharged from further
consideration of the concurrent resolution reflecting the
President's recommendations introduced pursuant to section
5(b), and the concurrent resolution shall be placed on the
appropriate calendar.
(2) Consideration by senate of discharged resolution.--Ten
days after the Senate Committee on the Budget has been
discharged under paragraph (1), any member may move that the
Senate proceed to consider the resolution. Such motion shall
be privileged and not debatable. Consideration of such
resolution shall be pursuant to the procedures set forth in
section 305 of the Congressional Budget Act of 1974 and
subsection (h).
(h) Consideration by Senate.--(1) It shall not be in order
in the Senate to consider a concurrent resolution on the
budget unless that concurrent resolution fully addresses the
entirety of any excess of the direct spending targets as
identified in the OMB sequestration report submitted under
section 12(e) through reconciliation instructions requiring
direct spending reductions, or changes in the direct spending
targets.
(2) If the concurrent resolution on the budget proposes to
eliminate or offset less than the entire overage of a budget
year, then the Committee on the Budget shall report a
resolution increasing the direct spending target by the full
amount of the overage not eliminated. It shall not be in
order to consider any concurrent resolution on the budget
that does not offset the entire amount of the overage until
the Senate has agreed to the resolution directing the
increase in the direct spending targets.
(i) Conference Reports Must Fully Address Overage.--It
shall not be in order in the House of Representatives or the
Senate to consider a conference report on a concurrent
resolution on the budget unless that conference report fully
addresses the entirety of any excess identified by the OMB
sequestration preview report submitted pursuant to section
12(e) through reconciliation instructions requiring direct
spending reductions, or changes in the direct spending
targets.
(j) Waivers.--The points of order established by subsection
(d)(1), (h)(1), or (i) may be waived or suspended--
(1) in the House of Representatives only by a resolution
devoted solely to the subject of waiving that point of order,
or
(2) in the Senate only by an affirmative vote of three-
fifths of the Members duly chosen and sworn.
SEC. 7. SPIN-OFF LEGISLATION.
(a) Allocations of Direct Spending.--The joint explanatory
statement accompanying a conference report on a concurrent
resolution on the budget shall include an estimated
allocation based upon such concurrent resolution as
recommended in such conference report, of the appropriate
levels of direct spending budget authority and outlays for
each major functional category.
(b) Introduction of Spin-Off Legislation.--On the third
legislative day after adoption of a concurrent resolution on
the budget, the chairman of the Committee on the Budget of
the House of Representatives or the Senate, as the case may
be, shall introduce legislation specifying the budget year
amount of direct spending allowed by budget functional
categories, based on the allocations set forth in the joint
explanatory statement accompanying the conference report on
such concurrent resolution. The total amount of direct
spending under such legislation may not exceed the target set
forth for that fiscal year by section 4 unless Congress has
adopted a resolution directing an increase in the direct
spending targets. Legislation introduced under this
subsection shall be referred to the Committee on the Budget.
(c) Procedure in House of Representatives.--
(1) Automatic discharge of house budget committee.--In the
event that the House Budget Committee fails to report
legislation introduced pursuant to subsection (b) within 7
legislative days of the introduction of the bill in the
House, the committee shall be automatically discharged from
further consideration of such legislation.
(2) Consideration by house of spin-off legislation.--Three
legislative days after the House Budget Committee has
reported spin-off legislation described in subsection (c) or
has been discharged under paragraph (1), it shall be in order
to move that the House proceed to consider the resolution.
Such motion shall be highly privileged and not debatable.
(3) Debate in house.--General debate on any spin-off
legislation in the House of Representatives shall be limited
to not more than 5 hours, which shall be divided equally
between the majority and minority parties. A motion to
further limit debate shall not be in order. It shall not be
in order to consider any amendments which would cause the
total amount of direct spending under the spin-off
legislation to exceed the target set forth for the fiscal
year under section 4.
(4) House consideration of conference report.--Debate in
the House of Representatives on the conference report on
spin-off legislation shall be limited to not more than 1
hour, which shall be divided equally between the majority and
minority parties. A motion to further limit debate is not
debatable. A motion to recommit the conference report is not
in order, and it is not in order to move to reconsider the
vote by which the conference report is agreed to or disagreed
to.
[[Page 1267]]
(d) Procedure in the Senate.--
(1) Automatic discharge of senate budget committee.--In the
event that the Senate Budget Committee fails to report
legislation described in subsection (b), the committee shall
be automatically discharged from further consideration of
such legislation.
(2) Consideration by senate of spin-off legislation.--Three
days after the Senate Budget Committee has reported spin-off
legislation described in subsection (b) or has been
discharged under paragraph (1), it shall be in order to move
that the Senate proceed to consider the legislation. Such
motion shall be privileged and not debatable.
(3) Debate in senate.--Debate in the Senate on any spin-off
legislation, and all amendments thereto and debatable motions
and appeals in connection therewith, shall be limited to not
more than 25 hours. The time shall be equally divided
between, and controlled by, the majority leader and the
minority leader or their designees. It shall not be in order
to consider any amendments which would cause the total amount
of direct spending under the spin-off legislation to exceed
the target set forth for the fiscal year under section 4 or
includes provisions on a subject other than the levels of
budget year amount or direct spending allowed by budget
functional categories.
(4) A motion to further limit debate is not debatable.--A
motion to recommit (except a motion to recommit with
instruction to report back within a specified number of days,
not to exceed 3, not counting any day on which the Senate is
not in session) is not in order. Debate on any such motion to
recommit shall be limited to 1 hour, to be equally divided
between, and controlled by, the mover and the manager of the
legislation.
(5) Motion to proceed to conference in senate.--A motion to
proceed to the consideration of the conference report on any
spin-off legislation may be made even though a previous
motion to the same effect has been disagreed to.
(6) Senate consideration of conference report.--Debate in
the Senate on a conference report on spin-off legislation
shall be limited to not more than 5 hours, which shall be
divided equally between the majority leader and minority
leader or their designees. A motion to further limit debate
is not debatable. Debate on any debatable motion or appeal
related to the conference report (or a message between House)
shall be limited to 1 hour, to be equally divided between,
and controlled by, the mover and the manager of the
conference report.
(7) Request for new conference.--Should the conference
report be defeated, debate on any request for a new
conference and the appointment of conferees shall be limited
to 1 hour, to be equally divided between, and controlled by,
the manager of the conference report and the minority leader
or his designee, and should any motion be made to instruct
the conferees before the conferees are named, debate on such
motion shall be limited to one-half hour, to be equally
divided between, and controlled by, the mover and the manager
of the conference report. In all cases when the manager of
the conference report is in favor of any motion, appeal or
amendment, the time in opposition shall be under the control
of the minority leader or his designee.
SEC. 8. TARGETED SEQUESTRATION.
(a) Application.--This section shall apply for any budget
year only if a spin-off law as described in section 7 is in
effect for that year on the date of the final sequestration
report described in section 12.
(b) Sequestration in Each Functional Category.--(1) The
purpose of this subsection is to ensure that total direct
spending for each functional category is no more than allowed
for the budget year.
(2) The amount to be sequestered for the budget year from
direct spending programs in each functional category is the
amount by which direct spending during the budget year
results in a greater amount of direct spending than allowed
in that functional category in the spin-off law.
(c) Sequestration.--Within 15 days after Congress adjourns
to end a session, there shall be a sequestration to reduce
the amount of direct spending in the current policy baseline
in any functional category by the amount specified in
subsection (b)(2). The amount required to be sequestered from
direct spending in a functional category shall be achieved by
reducing each non-exempt direct spending account (or activity
within an account) within that functional category by the
uniform percentage necessary to achieve that amount.
SEC. 9. COMPREHENSIVE SEQUESTRATION.
(a) Application.--This section shall apply for any budget
year unless a spin-off law as described in section 7 is in
effect for that year on the date of the final sequestration
report described in section 12.
(b) Sequestration Based on Budget-Year Shortfall.--The
amount to be sequestered for the budget year is the amount
(if any) by which direct spending exceeds the cap for that
year under section 4.
(c) Sequestration.--Within 15 days after Congress adjourns
to end a session, there shall be a sequestration to reduce
the amount of direct spending in the current policy baseline
by the amounts specified in subsection (b). The amount
required to be sequestered shall be achieved by reducing each
direct spending account (or activity within an account) by
the uniform percentage necessary to achieve that amount.
SEC. 10. EXEMPT PROGRAMS AND ACTIVITIES.
The following budget accounts, activities within accounts,
or income shall be exempt from sequestration--
(1) net interest;
(2) deposit insurance and pension benefit guarantees;
(3) all payments to trust funds from excise taxes or other
receipts or collections properly creditable to those trust
funds;
(4) offsetting receipts and collections;
(5) all payments from one Federal direct spending budget
account to another Federal budget account; all
intragovernmental funds including those from which funding is
derived primarily from other Government accounts;
(6) expenses to the extent they result from private
donations, bequests, or voluntary contributions to the
Government;
(7) nonbudgetary activities, including but not limited to--
(A) credit liquidating and financing accounts;
(B) the Pension Benefit Guarantee Corporation Trust Funds;
(C) the Thrift Savings Fund;
(D) the Federal Reserve System; and
(E) appropriations for the District of Columbia to the
extent they are appropriations of locally raised funds;
(8) payments resulting from Government insurance,
Government guarantees, or any other form of contingent
liability, to the extent those payments result from
contractual or other legally binding commitments of the
Government at the time of any sequestration;
(9) the following accounts, which largely fulfill
requirements of the Constitution or otherwise make payments
to which the Government is committed--
Administration of Territories, Northern Mariana Islands
Covenant grants (14-0412-0-1-806);
Bureau of Indian Affairs, miscellaneous payments to Indians
(14-2303-0-1-452);
Bureau of Indian Affairs, miscellaneous trust funds, tribal
trust funds (14-9973-0-7-999);
Claims, defense;
Claims, judgments, and relief act (20-1895-0-1-806);
Compact of Free Association, economic assistance pursuant
to Public Law 99-658 (14-0415-0-1-806);
Compensation of the President (11-0001-0-1-802);
Customs Service, miscellaneous permanent appropriations
(20-9992-0-2-852);
Eastern Indian land claims settlement fund (14-2202-0-1-
806)
Farm Credit System Financial Assistance Corporation,
interest payments (20-1850-0-1-351);
Internal Revenue collections of Puerto Rico (20-5737-0-2-
852);
Panama Canal Commission, operating expenses and capital
outlay (95-5190-0-2-403);
Payments of Vietnam and USS Pueblo prisoner-of-war claims
(15-0104-0-1-153);
Payments to copyright owners (03-5175-0-2-376);
Payments to the United States territories, fiscal
assistance (14-0418-0-1-801);
Salaries of Article III judges;
Soldier's and Airmen's Home, payment of claims (84-8930-0-
7-705);
Washington Metropolitan Area Transit Authority, interest
payments (46-0300-0-1-401).
(10) the following noncredit special, revolving, or trust-
revolving funds--
Coinage profit fund (20-5811-0-2-803);
Exchange Stabilization Fund (20-4444-0-3-155);
Foreign Military Sales trust fund (11-82232-0-7-155);
(11)(A) any amount paid as regular unemployment
compensation by a State from its account in the Unemployment
Trust Fund (established by section 904(a) of the Social
Security Act);
(B) any advance made to a State from the Federal
unemployment account (established by section 904(g) of such
Act) under title XII of such Act and any advance appropriated
to the Federal unemployment account pursuant to section 1203
of such Act;
(C) any payment made from the Federal Employees
Compensation Account (as established under section 909 of
such Act) for the purpose of carrying out chapter 85 of title
5, United States Code, and funds appropriated or transferred
to or otherwise deposited in such Account;
(12) the earned income tax credit (payments to individuals
pursuant to section 32 of the Internal Revenue Code of 1986);
and
(13) the uranium enrichment program.
SEC. 11. GENERAL AND SPECIAL SEQUESTRATION RULES.
(a) Permanent Sequestration of Direct Spending.--
(1) The purpose of any direct spending or receipts
sequestration under this Act is to ensure deficit reduction
in the budget year and all subsequent fiscal years, so that
the budget-year direct spending cap in section 4 is not
exceeded.
(2) Obligations in sequestered direct spending accounts
shall be reduced in the fiscal year in which a sequestration
occurs and in all succeeding fiscal years. Notwithstanding
any other provision of this section, after the first direct
spending sequestration, any later sequestration shall reduce
direct spending by an amount in addition to, rather than in
lieu of, the reduction in direct spending in place under the
existing sequestration or sequestrations.
(b) Uniform Percentages.--
(1) In calculating the uniform percentage applicable to the
sequestration of all direct
[[Page 1268]]
spending programs or activities under section 9, or the
uniform percentage applicable to the sequestration of
nonexempt direct spending programs or activities within a
functional category under section 8, the sequestrable base
for direct spending programs and activities is the total
budget-year level of outlays for those programs or activities
in the current policy baseline minus--
(A) those budget-year outlays resulting from obligations
incurred in the current or prior fiscal years, and
(B) those budget-year outlays resulting from exemptions
under section 10.
(2) For any direct spending program in which--
(A) outlays pay for entitlement benefits,
(B) a budget-year sequestration takes effect after the 1st
day of the budget year, and
(C) that delay reduces the amount of entitlement authority
that is subject to sequestration in the budget year,
the uniform percentage otherwise applicable to the
sequestration of that program in the budget year shall be
increased as necessary to achieve the same budget-year outlay
reduction in that program as would have been achieved had
there been no delay.
(3) If the uniform percentage otherwise applicable to the
budget-year sequestration of a program or activity is
increased under paragraph (2), then it shall revert to the
uniform percentage calculated under paragraph (1) when the
budget year is completed.
(c) General Rules for Sequestration.--
(1) Indefinite authority.--Except as otherwise provided,
sequestration in accounts for which obligations are
indefinite shall be taken in a manner to ensure that
obligations in the fiscal year of a sequestration and
succeeding fiscal years are reduced, from the level that
would actually have occurred, by the applicable sequestration
percentage or percentages.
(2) Cancellation of budgetary resources.--Budgetary
resources sequestered from any account other than an
entitlement trust, special, or revolving fund account shall
revert to the Treasury and be permanently canceled or
repealed.
(3) Indexed benefit payments.--If, under any entitlement
program--
(A) benefit payments are made to persons or governments
more frequently than once a year, and
(B) the amount of entitlement authority is periodically
adjusted under existing law to reflect changes in a price
index,
then for the first fiscal year to which a sequestration order
applies, the benefit reductions in that program accomplished
by the order shall take effect starting with the payment made
at the beginning of January or 7 weeks after the order is
issued, whichever is later. For the purposes of this
subsection, Veterans Compensation shall be considered a
program that meets the conditions of the preceding sentence.
(4) Programs, projects, or activities.--Except as otherwise
provided, the same percentage sequestration shall apply to
all programs, projects, and activities within a budget
account (with programs, projects, and activities as
delineated in the appropriation Act or accompanying report
for the relevant fiscal year covering that account, or for
accounts not included in appropriation Acts, as delineated in
the most recently submitted President's budget).
(5) Implementing regulations.--Administrative regulations
or similar actions implementing the sequestration of a
program or activity shall be made within 120 days of the
effective date of the sequestration of that program or
activity.
(6) Distribution formulas.--To the extent that distribution
or allocation formulas differ at different levels of
budgetary resources within an account, program, project, or
activity, a sequestration shall be interpreted as producing a
lower total appropriation, with that lower appropriation
being obligated as though it had been the pre-sequestration
appropriation and no sequestration had occurred.
(7) Contingent fees.--In any account for which fees charged
to the public are legally determined by the level of
appropriations, fees shall be charged on the basis of the
presequestration level of appropriations.
(d) Non-JOBS Portion of AFDC.--Any sequestration order
shall accomplish the full amount of any required reduction in
payments for the non-jobs portion of the aid to families with
dependant children program under the Social Security Act by
reducing the Federal reimbursement percentage (for the fiscal
year involved) by multiplying that reimbursement percentage,
on a State-by-State basis, by the uniform percentage
applicable to the sequestration of nonexempt direct spending
programs or activities.
(e) JOBS Portion of AFDC.--
(1) Full amount of sequestration required.--Any
sequestration order shall accomplish the full amount of any
required reduction of the job opportunities and basic skills
training program under section 402(a)(19), and part F of
title VI, of the Social Security Act, in the manner specified
in this subsection. Such an order may not reduce any Federal
matching rate pursuant to section 403(l) of the Social
Security Act.
(2) New allotment formula.--
(A) General rule.--Notwithstanding section 403(k) of the
Social Security Act, each State's percentage share of the
amount available after sequestration for direct spending
pursuant to section 403(l) of such Act shall be equal to that
percentage of the total amount paid to the States pursuant to
such section 403(l) for the prior fiscal year that is
represented by the amount paid to such State pursuant to such
section 403(l) for the prior fiscal year, except that a State
may not be allotted an amount under this subparagraph that
exceeds the amount that would have been allotted to such
State pursuant to such section 403(k) had the sequestration
not been in effect.
(B) Reallotment of amounts remaining unallotted after
application of general rule.--Any amount made available after
sequestration for direct spending pursuant to section 403(l)
of the Social Security Act that remains unallotted as a
result of subparagraph (A) of this paragraph shall be
allotted among the States in proportion to the absolute
difference between the amount allotted, respectively, to each
State as a result of such subparagraph and the amount that
would have been allotted to such State pursuant to section
403(k) of such Act had the sequestration not been in effect,
except that a State may not be allotted an amount under this
subparagraph that results in a total allotment to the State
under this paragraph of more than the amount that would have
been allotted to such State pursuant to such section 403(k)
had the sequestration not been in effect.
(f) Child Support Enforcement Program.--Any sequestration
order shall accomplish the full amount of any required
reduction in payments under sections 455 and 458 of the
Social Security Act by reducing the Federal matching rate for
State administrative costs under the program, as specified
(for the fiscal year involved) in section 455(a) of such Act,
to the extent necessary to reduce such expenditures by that
amount.
(g) Commodity Credit Corporation.--
(1) Effective date.--For the Commodity Credit Corporation,
the date on which a sequestration order takes effect in a
fiscal year shall vary for each crop of a commodity. In
general, the sequestration order shall take effect when
issued, but for each crop of a commodity for which 1-year
contracts are issued as an entitlement, the sequestration
order shall take effect with the start of the sign-up period
for that crop that begins after the sequestration order is
issued. Payments for each contract in such a crop shall be
reduced under the same terms and conditions.
(2) Dairy program.--(A) As the sole means of achieving any
reduction in outlays under the milk price-support program,
the Secretary of Agriculture shall provide for a reduction to
be made in the price received by producers for all milk
produced in the United States and marketed by producers for
commercial use. That price reduction (measured in cents per
hundredweight of milk marketed) shall occur under
subparagraph (A) of section 201(d)(2) of the Agricultural Act
of 1949 (7 U.S.C. 1446(d)(2)(A)), shall begin on the day any
sequestration order is issued, and shall not exceed the
aggregate amount of the reduction in outlays under the milk
price-support program, that otherwise would have been
achieved by reducing payments made for the purchase of milk
or the products of milk under this subsection during that
fiscal year.
(3) Effect of delay.--For purposes of subsection (b)(1),
the sequestrable base for the Commodity Credit Corporation is
the budget-year level of gross outlays resulting from new
budget authority that is subject to reduction under
paragraphs (1) and (2), and subsection (b)(2) shall not
apply.
(4) Certain authority not to be limited.--Nothing in this
Act shall restrict the Corporation in the discharge of its
authority and responsibility as a corporation to buy and sell
commodities in world trade, or limit or reduce in any way any
appropriation that provides the Corporation with funds to
cover its net realized losses.
(h) Extended Unemployment Compensation.--(1) A State may
reduce each weekly benefit payment made under the Federal-
State Extended Unemployment Compensation Act of 1970 for any
week of unemployment occurring during any period with respect
to which payments are reduced under any sequestration order
by a percentage not to exceed the percentage by which the
Federal payment to the State under section 204 of such Act is
to be reduced for such week as a result of such order.
(2) A reduction by a State in accordance with subparagraph
(A) shall not be considered as a failure to fulfill the
requirements of section 3304(a)(11) of the Internal Revenue
Code of 1986.
(i) Federal Employees Health Benefits Fund.--For the
Federal Employees Health Benefits Fund, a sequestration order
shall take effect with the next open season. The
sequestration shall be accomplished by annual payments from
that Fund to the General Fund of the Treasury. Those annual
payments shall be financed solely by charging higher
premiums. For purposes of subsection (b)(1), the sequestrable
base for the Fund is the budget-year level of gross outlays
resulting from claims paid after the sequestration order
takes effect, and subsection (b)(2) shall not apply.
(j) Federal Housing Finance Board.--Any sequestration of
the Federal Housing Finance Board shall be accomplished by
annual payments (by the end of each fiscal year) from that
Board to the general fund of the Treasury, in amounts equal
to the uniform sequestration percentage for that year times
the gross obligations of the Board in that year.
(k) Federal Pay.--
(1) In general.--Except as provided in section 10(b)(3),
new budget authority to pay Federal personnel from direct
spending accounts shall be reduced by the uniform percentage
calculated under section 8 or 9, as
[[Page 1269]]
applicable, but no sequestration order may reduce or have the
effect of reducing the rate of pay to which any individual is
entitled under any statutory pay system (as increased by any
amount payable under section 5304 of title 5, United States
Code, or section 302 of the Federal Employees Pay
Comparability Act of 1990) or the rate of any element of
military pay to which any individual is entitled under title
37, United States Code, or any increase in rates of pay which
is scheduled to take effect under section 5303 of title 5,
United States Code, section 1009 of title 37, United States
Code, or any other provision of law.
(2) Definitions.--For purposes of this subsection:
(A) The term ``statutory pay system'' shall have the
meaning given that term in section 5302(1) of title 5, United
States Code.
(B) The term ``elements of military pay'' means--
(i) the elements of compensation of members of the
uniformed services specified in section 1009 of title 37,
United States Code,
(ii) allowances provided members of the uniformed services
under sections 403a and 405 of such title, and
(iii) cadet pay and midshipman pay under section 203(c) of
such title.
(C) The term ``uniformed services'' shall have the meaning
given that term in section 101(3) of title 37, United States
Code.
(l) Guaranteed Student Loans.--(A) For all student loans
under part B of title IV of the Higher Education Act of 1965
made on or after the date of a sequestration, the origination
fees shall be increased by a uniform percentage sufficient to
produce the dollar savings in student loan programs for the
fiscal year of the sequestration required by section 8 or 9,
and all subsequent origination fees shall be increased by the
same percentage, notwithstanding any other provision of law.
(B) The origination fees to which paragraph (A) applies are
those specified in sections 428H(f)(1) and 438(c) of that
Act.
(m) Insurance Programs.--Any sequestration in a Federal
program that sells insurance contracts to the public
(including the Federal Crop Insurance Fund, the National
Insurance Development Fund, the National Flood Insurance
Fund, insurance activities of the Overseas Private Insurance
Corporation, and Veterans' life insurance programs) shall be
accomplished by annual payments from the insurance fund or
account to the general fund of the Treasury. The amount of
each annual payment by each such fund or account shall be the
amount received by the fund or account by increasing premiums
on contracts entered into after the date a sequestration
order takes effect by the uniform sequestration percentage,
and premiums shall be increased accordingly.
(n) Medicaid.--The November 15th estimate of medicaid
spending by States shall be the base estimate from which the
uniform percentage reduction under any sequestration, applied
across-the-board by State, shall be made. Succeeding Federal
payments to States shall reflect that reduction. The Health
Care Financing Administration shall reconcile actual medicaid
spending for each fiscal year with the base estimate as
reduced by the uniform percentage, and adjust each State's
grants as soon as practicable, but no later than 100 days
after the end of the fiscal year to which the base estimate
applied, to comply with the sequestration order.
(o) Medicare.--
(1) Timing of application of reductions.--
(A) In general.--Except as provided in subparagraph (B), if
a reduction is made in payment amounts pursuant to a
sequestration order, the reduction shall be applied to
payment for services furnished after the effective date of
the order. For purposes of the previous sentence, in the case
of inpatient services furnished for an individual, the
services shall be considered to be furnished on the date of
the individual's discharge from the inpatient facility.
(B) Payment on the basis of cost reporting periods.--In the
case in which payment for services of a provider of services
is made under title XVIII of the Social Security Act on a
basis relating to the reasonable cost incurred for the
services during a cost reporting period of the provider, if a
reduction is made in payment amounts pursuant to a
sequestration order, the reduction shall be applied to
payment for costs for such services incurred at any time
during each cost reporting period of the provider any part of
which occurs after the effective date of the order, but only
(for each such cost reporting period) in the same proportion
as the fraction of the cost reporting period that occurs
after the effective date of the order.
(2) No increase in beneficiary charges in assignment-
related cases.--If a reduction in payment amounts is made
pursuant to a sequestration order for services for which
payment under part B of title XVIII of the Social Security
Act is made on the basis of an assignment described in
section 1842(b)(3)(B)(ii), in accordance with section
1842(b)(6)(B), or under the procedure described in section
1870(f)(1) of such Act, the person furnishing the services
shall be considered to have accepted payment of the
reasonable charge for the services, less any reduction in
payment amount made pursuant to a sequestration order, as
payment in full.
(3) No effect on computation of aapcc.--In computing the
adjusted average per capita cost for purposes of section
1876(a)(4) of the Social Security Act, the Secretary of
Health and Human Services shall not take into account any
reductions in payment amounts which have been or may be
effected under this part.
(p) Postal Service Fund.--Any sequestration of the Postal
Service Fund shall be accomplished by annual payments from
that Fund to the General Fund of the Treasury, and the
Postmaster General of the United States shall have the duty
to make those payments during the fiscal year to which the
sequestration order applies and each succeeding fiscal year.
The amount of each annual payment shall be--
(1) the uniform sequestration percentage, times
(2) the estimated gross obligations of the Postal Service
Fund in that year other than those obligations financed with
an appropriation for revenue foregone for that year.
Any such payment for a fiscal year shall be made as soon as
possible during the fiscal year, except that it may be made
in installments within that year if the payment schedule is
approved by the Secretary of the Treasury. Within 30 days
after the sequestration order is issued, the Postmaster
General shall submit to the Postal Rate Commission a plan for
financing the annual payment for that fiscal year and publish
that plan in the Federal Register. The plan may assume
efficiencies in the operation of the Postal Service,
reductions in capital expenditures, increases in the prices
of services, or any combination, but may not assume a lower
Fund surplus or higher Fund deficit and must follow the
requirements of existing law governing the Postal Service in
all other respects. Within 30 days of the receipt of that
plan, the Postal Rate Commission shall approve the plan or
modify it in the manner that modifications are allowed under
current law. If the Postal Rate Commission does not respond
to the plan within 30 days, the plan submitted by the
Postmaster General shall go into effect. Any plan may be
later revised by the submission of a new plan to the Postal
Rate Commission, which may approve or modify it.
(q) Power Marketing Administrations and T.V.A.--Any
sequestration of the Department of Energy power marketing
administration funds or the Tennessee Valley Authority fund
shall be accomplished by annual payments from those funds to
the General Fund of the Treasury, and the administrators of
those funds shall have the duty to make those payments during
the fiscal year to which the sequestration order applies and
each succeeding fiscal year. The amount of each annual
payment by a fund shall be--
(1) the direct spending uniform sequestration percentage,
times
(2) the estimated gross obligations of the fund in that
year other than those obligations financed from discretionary
appropriations for that year.
Any such payment for a fiscal year shall be made as soon as
possible during the fiscal year, except that it may be made
in installments within that year if the payment schedule is
approved by the Secretary of the Treasury. Annual payments by
a fund may be financed by reductions in costs required to
produce the presequester amount of power (but those
reductions shall not include reductions in the amount of
power supplied by the fund), by reductions in capital
expenditures, by increases in rates, or by any combination,
but may not be financed by a lower fund surplus or a higher
fund deficit and must follow the requirements of existing law
governing the fund in all other respects. The administrator
of a fund or the TVA Board is authorized to take the actions
specified above in order to make the annual payments to the
Treasury.
(r) Veterans' Housing Loans.--(1) For all housing loans
guaranteed, insured, or made under chapter 37 of title 38,
United States Code, on or after the date of a sequestration,
the origination fees shall be increased by a uniform
percentage sufficient to produce the dollar savings in
veterans' housing programs for the fiscal year of the
sequestration required by section 8 or 9, and all subsequent
origination fees shall be increased by the same percentage,
notwithstanding any other provision of law.
(2) The origination fees to which paragraph (1) applies are
those referred to in section 3729 of title 38, United States
Code.
SEC. 12. ESTIMATING ASSUMPTIONS, REPORTS, AND ORDERS.
(a) Timetable.--The timetable with respect to this part for
any budget year is as follows:
Action to be completed:
OMB publishes sequestration preview report.............................
OMB and CBO issue final budget year sequestration reports..............
President issues sequestration order...................................
(b) Submission and Availability of Reports.--Each report
required by this section shall be submitted, in the case of
CBO, to the House of Representatives, the Senate, and OMB,
and, in the case of OMB, to the House of Representatives, the
Senate, and the President on the day it is issued. On the
following day a notice of the report shall be printed in the
Federal Register.
(c) Exchange of Preliminary Current Policy Baselines.--On
January 15, OMB and CBO shall exchange their preliminary
current policy baselines for the budget-year session starting
in January.
(d) Sequestration Preview Reports.--
(1) Reporting requirement.--On January 31, whichever is
later, OMB and CBO shall each submit a sequestration preview
report.
(2) Contents.--Each preview report shall set forth the
following:
(A) Major estimating assumptions.--The major estimating
assumptions for the cur-
[[Page 1270]]
rent year, the budget year, and the outyears, and an
explanation of them.
(B) Current policy baseline.--A detailed display of the
current policy baseline for the current year, the budget
year, and the outyears, with an explanation of changes in the
baseline since it was last issued that includes the effect of
policy decisions made during the intervening period and an
explanation of the differences between OMB and CBO for each
item set forth in the report.
(C) Adjusting direct spending targets.--A determination of
any adjustments to the direct spending targets under section
4 and an explanation of any adjustments.
(D) Requirements for direct spending.--An estimate of the
reductions in direct spending to be achieved for the budget
year necessary to comply with the direct spending targets.
(E) Direct spending sequestration.-- Estimates of the
uniform percentage and the amount of comprehensive
sequestration of direct spending programs that will be
necessary under section 9.
(e) Official Sequestration Preview Report.--The OMB
sequestration preview report shall be the official report for
purposes of this Act. That report shall be set forth, without
change, in the budget submitted by the President under
section 1105(a) of title 31, United States Code, for the
budget year.
(f) Final Sequestration Reports.--
(1) Reporting requirement.--Not later than 10 days
following the end of a budget-year session, OMB and CBO shall
each submit a final sequestration report.
(2) Contents.--That report shall be based upon laws enacted
through the date of the report and shall set forth all the
information and estimates required of a sequestration preview
report required by subsections (d)(2)(C) through (E). In
addition, that report shall include for each account to be
sequestered, the baseline level of sequestrable budgetary
resources and the resulting reductions in new budget
authority and outlays; and
(g) Presidential Order.--(1) On the day that OMB issues a
final sequestration report, the President shall issue an
order fully implementing without change all sequestrations
actions required by the final sequestration report that
requires the lesser total amount of direct spending
sequestration under section 8 or 9 (as applicable). The order
shall be effective on issuance and shall be issued only if
sequestration is required.
(h) Use of Major Estimating Assumptions and Scorekeeping
Conventions.--In the estimates, projections, and reports
under this subtitle, OMB shall use the same economic and
technical assumptions as used in the most recent budget
submitted by the President under section 1105(a) of title 31,
United States Code. CBO shall use the same economic and
technical assumptions as used in the msot recent report
submitted by CBO under section 202(f)(1) of the Congressional
Budget Act of 1974.
SEC. 13. THE CURRENT POLICY BASELINE.
(a) In General.--For any budget year, the baseline refers
to a projection of current-year levels of new budget
authority, outlays, revenues, and the surplus or deficit into
the budget year and the outyears based on laws enacted
through, and discretionary regulations promulgated as final
by, the applicable date.
(b) Direct Spending.--For the current year, the budget
year, and each outyear, the baseline shall be calculated
using the following assumptions:
(1) In general.--Laws providing or creating direct spending
are assumed to operate in the manner specified in those laws
for each such year, funding for entitlement authority is
assumed to be adequate to make all payments required by those
entitlements, and funding for deposit insurance is assumed to
be adequate to meet the costs of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989 or successor
laws.
(2) Exceptions.--Except as provided in paragraph (3):
(A) No program with estimated current-year gross new budget
authority greater than $100 million is assumed to expire in
the budget year or outyears. In carrying out the preceding
sentence, expiring entitlement programs and programs financed
by indefinite budget authority are assumed to continue as in
effect just prior to their expiration, and other expiring
programs are assumed to continue with new budget authority
projected as equal to budget authority in the last year for
which budget authority is enacted.
(B) The percentage increase for veterans' compensation for
a fiscal year is assumed to be the same as that required by
law for veterans' pensions unless otherwise provided by a law
enacted in that session.
(3) Cutoff date.--Programs that expire on or before
December 31 and that have not been reauthorized by the date
of the final sequestration report are assumed to expire. If
an increase in veterans compensation has not been enacted by
the date of the final sequestration report, it is not
assumed.
(c) Up-to-Date Concepts.--In deriving the baseline for any
budget year or outyear, current-year amounts shall be
calculated using the concepts and definitions that are
required for that budget year.
SEC. 14. RELATIONSHIP TO PAY-AS-YOU-GO.
Reductions in outlays resulting in legislation enacted
pursuant to section 6 shall not be taken into account for
purposes of section 252 of the Balanced Budget and Emergency
Deficit Control Act of 1985, except to the extent necessary
to achieve a balance in the paygo scorecard under such
section 252(d).
SEC. 15. JUDICIAL REVIEW.
(a) Expedited Review.--
(1) Any Member of Congress may bring an action, in the
United States District Court for the District of Columbia,
for declaratory judgment and injunctive relief on the ground
that any order that might be issued pursuant to section 12
violates the Constitution.
(2) Any Member of Congress, or any other person adversely
affected by any action taken under this Act, may bring an
action, in the United States District Court for the District
of Columbia, for declaratory judgment and injunctive relief
concerning the constitutionality of this Act.
(3) Any Member of Congress may bring an action, in the
United States District Court for the District of Columbia,
for declaratory and injunctive relief on the ground that the
terms of an order issued under section 12 do not comply with
the requirements of this Act.
(4) A copy of any complaint in an action brought under
paragraph (1), (2), or (3) shall be promptly delivered to the
Secretary of the Senate and the Clerk of the House of
Representatives, and each House of Congress shall have the
right to intervene in such action.
(5) Any action brought under paragraph (1), (2), or (3)
shall be heard and determined by a three-judge court in
accordance with section 2284 of title 28, United States Code.
Nothing in this section or in any other law shall infringe
upon the right of the House of Representatives to intervene
in an action brought under paragraph (1), (2), or (3) without
the necessity of adopting a resolution to authorize such
intervention.
(b) Appeal to Supreme Court.--Notwithstanding any other
provision of law, any order of the United States District
Court for the District of Columbia which is issued pursuant
to an action brought under paragraph (1), (2), or (3) of
subsection (a) shall be reviewable by appeal directly to the
Supreme Court of the United States. Any such appeal shall be
taken by a notice of appeal filed within 10 days after such
order is entered; and the jurisdictional statement shall be
filed within 30 days after such order is entered. No stay of
an order issued pursuant to an action brought under paragraph
(1), (2), or (3) of subsection (a) shall be issued by a
single Justice of the Supreme Court.
(c) Expedited Consideration.--It shall be the duty of the
District Court for the District of Columbia and the Supreme
Court of the United States to advance on the docket and to
expedite to the greatest possible extent the disposition of
any matter brought under subsection (a).
(d) Noncompliance With Sequestration Procedures.--
(1) If it is finally determined by a court of competent
jurisdiction that an order issued by the President under
section 12 for any fiscal year does not fully implement
without change all sequestrations required by the OMB report,
the President shall, within 20 days after such determination
is made, revise the order in accordance with such
determination.
(2) If the order issued by the President under section 12
for any fiscal year does not fully implement without change
all sequestrations required by the OMB report which is the
basis for the order on the claim or defense that the
constitutional powers of the President prevent such
sequestration or reduction or permit the avoidance of such
sequestration or reduction, and such claim or defense is
finally determined by the Supreme Court of the United States
to be valid, then the entire order issued pursuant to section
12 for such fiscal year shall be null and void.
(e) Timing of Relief.--No order of any court granting
declaratory or injunctive relief from the order of the
President issued under section 12, including relief
permitting or requiring the expenditure of funds sequestered
by such order, shall take effect during the pendency of the
action before such court, during the time appeal may be
taken, or, if appeal is taken, during the period before the
court to which such appeal is taken has entered its final
order disposing of such action.
(f) Preservation of Other Rights.--The rights created by
this section are in addition to the rights of any person
under law, subject to subsection (e).
(g) Economic Data, Assumptions, and Methodologies.--The
economic data and economic and technical assumptions and
estimation of methodologies used by OMB or CBO in preparing
any report issued under section 12 shall not be subject to
review in any judicial or administrative proceeding.
SEC. 16. APPLICATION.
The application of provisions, procedures, and points of
order under House Resolution 235, One Hundred Third Congress,
agreed to August 5, 1993, shall not be effective for fiscal
year 1995 or any later fiscal year.
SEC. 17. EFFECTIVE DATE.
Except as otherwise specified, this Act and the amendments
made by it shall take effect on the date of its enactment and
shall apply to fiscal years 1995 and subsequent fiscal years.
It was decided in the
Yeas
37
<3-line {>
negative
Nays
392
Para. 80.16 [Roll No. 344]
AYES--37
Andrews (NJ)
Bacchus (FL)
Barton
Bateman
Browder
Cardin
Deal
Dooley
Geren
Grandy
Hansen
Hutto
Inglis
Johnson (CT)
Johnson (GA)
[[Page 1271]]
Lambert
LaRocco
Lloyd
Long
Margolies-Mezvinsky
McHale
McMillan
Meehan
Minge
Montgomery
Orton
Parker
Penny
Pickle
Sangmeister
Schaefer
Shays
Skaggs
Stenholm
Torricelli
Valentine
Visclosky
NOES--392
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (TX)
Applegate
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Hughes
Hunter
Hutchinson
Hyde
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lancaster
Lantos
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHugh
McInnis
McKeon
McKinney
McNulty
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Mink
Moakley
Molinari
Mollohan
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Ortiz
Owens
Oxley
Packard
Pallone
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Santorum
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shepherd
Shuster
Sisisky
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Towns
Traficant
Unsoeld
Upton
Velazquez
Vento
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--10
Carr
Faleomavaega (AS)
Ford (MI)
Gallo
Huffington
Ros-Lehtinen
Thomas (CA)
Tucker
Underwood (GU)
Washington
So the amendment in the nature of a substitute was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. DURBIN, assumed the Chair.
When Mr. VISCLOSKY, Chairman, pursuant to House Resolution 484,
reported the bill back to the House with an amendment adopted by the
Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; PURPOSE.
(a) Short Title.--This Act may be cited as the ``Budget
Control Act of 1994''.
(b) Purpose.--The purpose of this Act is to create a
mechanism to monitor total costs of direct spending programs,
and, in the event that actual or projected costs exceed
targeted levels, to require the President and Congress to
address adjustments in direct spending.
SEC. 2. ESTABLISHMENT OF DIRECT SPENDING TARGETS.
(a) In General.--The initial direct spending targets for
each of fiscal years 1994 through 1997 shall equal total
outlays for all direct spending except net interest and
deposit insurance as determined by the Director of the Office
of Management and Budget (hereinafter referred to in this Act
as the ``Director``) under subsection (b).
(b) Initial Report by Director.--
(1) Not later than 30 days after the date of enactment of
this Act, the Director shall submit a report to Congress
setting forth projected direct spending targets for each of
fiscal years 1994 through 1997.
(2) The Director's projections shall be based on
legislation enacted as of 5 days before the report is
submitted under paragraph (1). To the extent feasible, the
Director shall use the same economic and technical
assumptions used in preparing the concurrent resolution on
the budget for fiscal year 1994 (H. Con. Res. 64, One Hundred
Third Congress).
(c) Adjustments.--Direct spending targets shall be
subsequently adjusted by the Director under section 6.
SEC. 3. ANNUAL REVIEW OF DIRECT SPENDING AND RECEIPTS BY
PRESIDENT.
As part of each budget submitted under section 1105(a) of
title 31, United States Code, the President shall provide an
annual review of direct spending and receipts, which shall
include (1) information supporting the adjustment of direct
spending targets pursuant to section 6, (2) information on
total outlays for programs covered by the direct spending
targets, including actual outlays for the prior fiscal year
and projected outlays for the current fiscal year and the 5
succeeding fiscal years, and (3) information on the major
categories of Federal receipts, including a comparison
between the levels of those receipts and the levels projected
as of the date of enactment of this Act.
SEC. 4. SPECIAL DIRECT SPENDING MESSAGE BY PRESIDENT.
(a) Trigger.--In the event that the information submitted
by the President under section 3 indicates --
(1) that actual outlays for direct spending in the prior
fiscal year exceeded the applicable direct spending target,
or
(2) that outlays for direct spending for the current or
budget year are projected to exceed the applicable direct
spending targets,
the President shall include in his budget a special direct
spending message meeting the requirements of subsection (b).
(b) Contents.--(1) The special direct spending message
shall include:
(A) An explanation of any adjustments to the direct
spending targets pursuant to section 6.
(B) An analysis of the variance in direct spending over the
adjusted direct spending targets.
(C) The President's recommendations for addressing the
direct spending overages, if any, in the prior, current, or
budget year.
(2) The President's recommendations may consist of any of
the following:
(A) Proposed legislative changes to reduce outlays,
increase revenues, or both, in order to recoup or eliminate
the overage for the prior, current, and budget years in the
current year, the budget year, and the 4 outyears.
(B) Proposed legislative changes to reduce outlays,
increase revenues, or both, in order to recoup or eliminate
part of the overage for the prior, current, and budget year
in the current year, the budget year, and the 4 outyears,
accompanied by a finding by the President that, because of
economic conditions or for other specified reasons, only some
of the overage should be recouped or eliminated by outlay
reductions or revenue increases, or both.
(C) A proposal to make no legislative changes to recoup or
eliminate any overage, accompanied by a finding by the
President that, because of economic conditions or for other
specified reasons, no legislative changes are warranted.
(3) Except as provided by paragraph (4), any proposed
legislative change under paragraph (2) to reduce outlays may
include reductions in direct spending or in the discretionary
spending limits under section 601 of the Congressional Budget
Act of 1974.
(4) The President's recommendations may not consist of any
proposed legislative
[[Page 1272]]
changes to reduce benefits under the old-age, survivors, and
disability insurance program established under title II of
the Social Security Act.
(c) Proposed Special Direct Spending Resolution.--
(1) President's recommendations to be submitted as draft
resolution.--If the President recommends reductions
consistent with subsection (b)(2)(A) or (B), the special
direct spending message shall include the text of a special
direct spending resolution implementing the President's
recommendations through reconciliation directives instructing
the appropriate committees of the House of Representatives
and Senate to determine and recommend changes in laws within
their jurisdictions to reduce outlays or increase revenues by
specified amounts. If the President recommends no reductions
pursuant to (b)(2)(C), the special direct spending message
shall include the text of a special resolution concurring in
the President's recommendation of no legislative action.
(2) Resolution to be introduced in house.--Within 10 days
after the President's special direct spending message is
submitted, the text required by paragraph (1) shall be
introduced as a concurrent resolution in the House of
Representatives by the chairman of the Committee on the
Budget of the House of Representatives without substantive
revision. If the chairman fails to do so, after the tenth day
the resolution may be introduced by any Member of the House
of Representatives. A concurrent resolution introduced under
this paragraph shall be referred to the Committee on the
Budget.
SEC. 5. REQUIRED RESPONSE BY CONGRESS.
(a) Requirement for Special Direct Spending Resolution.--
Whenever the President submits a special direct spending
message under section 4, the Committee on the Budget of the
House of Representatives shall report, not later than April
15, the concurrent resolution on the budget and include in it
a separate title that meets the requirements of subsections
(b) and (c).
(b) Contents of Separate Title.--The separate title of the
concurrent resolution on the budget shall contain
reconciliation directives to the appropriate committees of
the House of Representatives and Senate to determine and
recommend changes in laws within their jurisdictions to
reduce outlays or increase revenues by specified amounts
(which in total equal or exceed the reductions recommended by
the President, up to the amount of the overage). If this
separate title recommends that no legislative changes be made
to recoup or eliminate an overage, then a statement to that
effect shall be set forth in that title.
(c) Requirement for Separate Vote to Increase Targets.--If
the separate title of a concurrent resolution on the budget
proposes to recoup or eliminate less than the entire overage
for the prior, current, and budget years, then the Committee
on the Budget of the House of Representatives shall report a
resolution directing the Committee on Government Operations
to report legislation increasing the direct spending targets
for each applicable year by the full amount of the overage
not recouped or eliminated. It shall not be in order in the
House of Representatives to consider that concurrent
resolution on the budget until the House of Representatives
has agreed to the resolution directing the increase in direct
spending targets.
(d) Conference Reports Must Fully Address Overage.--It
shall not be in order in the House of Representatives to
consider a conference report on a concurrent resolution on
the budget unless that conference report fully addresses the
entirety of any overage contained in the applicable report of
the President under section 4 through reconciliation
directives requiring spending reductions, revenue increases,
or changes in the direct spending targets.
(e) Procedure if House Budget Committee Fails to Report
Required Resolution.--
(1) Automatic discharge of house budget committee.--If a
special direct spending resolution is required and the
Committee on the Budget of the House of Representatives fails
to report a resolution meeting the requirements of
subsections (b) and (c) by April 15, then the committee shall
be automatically discharged from further consideration of the
concurrent resolution reflecting the President's
recommendations introduced pursuant to section 4(c)(2) and
the concurrent resolution shall be placed on the appropriate
calendar.
(2) Consideration by house.--Ten days after the Committee
on the Budget of the House of Representatives has been
discharged under paragraph (1), any Member may move that the
House proceed to consider the resolution. Such motion shall
be highly privileged and not debatable.
(f) Application of Congressional Budget Act.--To the extent
that they are relevant and not inconsistent with this Act,
the provisions of title III of the Congressional Budget Act
of 1974 shall apply in the House of Representatives and the
Senate to special direct spending resolutions, resolutions
increasing targets under subsection (c), and reconciliation
legislation reported pursuant to directives contained in
those resolutions.
(g) Limitation on Changes to the Social Security Act.--
Notwithstanding any other provision of law, it shall not be
in order in the Senate or the House of Representatives to
consider any reconciliation bill reported pursuant to a
concurrent resolution on the budget agreed to under section
301 or 304 or reconciliation legislation reported pursuant to
directives contained in any special direct spending
resolution, or any amendment thereto or conference report
thereon, that contains recommendations to reduce benefits
under the old-age, survivors, and disability insurance
program established under title II of the Social Security
Act.
SEC. 6. ADJUSTMENTS TO DIRECT SPENDING TARGETS.
(a) Required Annual Adjustments.--Prior to the submission
of the President's budget for each of fiscal years 1994
through 1997, the Director shall adjust the direct spending
targets in accordance with this section. Any such adjustments
shall be reflected in the targets used in the President's
report under section 3 and message (if any) under section 4.
(b) Adjustment for Increases in Beneficiaries.--(1) The
Director shall adjust the direct spending targets for
increases (if any) in actual or projected numbers of
beneficiaries under direct spending programs for which the
number of beneficiaries is a variable in determining costs.
(2) The adjustment shall be made by--
(A) computing, for each program under paragraph (1), the
percentage change between (i) the annual average number of
beneficiaries under that program (including actual numbers of
beneficiaries for the prior fiscal year and projections for
the budget and subsequent fiscal years) to be used in the
President's budget with which the adjustments will be
submitted, and (ii) the annual average number of
beneficiaries used in the adjustments made by the Director in
the previous year (or, in the case of adjustments made in
1994, the annual average number of beneficiaries used in the
Director's initial report under section 2(b));
(B) applying the percentages computed under subparagraph
(A) to the projected levels of outlays for each program
consistent with the direct spending targets in effect
immediately prior to the adjustment; and
(C) adding the results of the calculations required by
subparagraph (B) to the direct spending targets in effect
immediately prior to the adjustment.
(3) No adjustment shall be made for any program for a
fiscal year in which the percentage increase computed under
paragraph (2)(A) is less than or equal to zero.
(c) Adjustments for Revenue Legislation.--(1) The Director
shall adjust the targets as follows--
(A) they shall be increased by the amount of any increase
in receipts; or
(B) they shall be decreased by the amount of any decrease
in receipts,
resulting from receipts legislation enacted after the date of
enactment of this Act, except legislation enacted under
section 5.
(d) Adjustments to Reflect Congressional Decisions.--Upon
enactment of a reconciliation bill pursuant to instructions
under section 5, the Director shall adjust direct spending
targets for the current year, the budget year, and each
outyear through 1997 by--
(1) increasing the target for the current year and the
budget year by the amount stated for that year in that
reconciliation bill (but if a separate vote was required by
section 5(c), only if that vote has occurred); and
(2) decreasing the target for the current, budget, and
outyears through 1997 by the amount of reductions in direct
spending enacted in that reconciliation bill.
(e) Designated Emergencies.--The Director shall adjust the
targets to reflect the costs of legislation that is
designated as an emergency by Congress and the President
under section 252(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
SEC. 7. RELATIONSHIP TO BALANCED BUDGET AND EMERGENCY DEFICIT
CONTROL ACT.
Reductions in outlays or increases in receipts resulting
from legislation reported pursuant to section 5 shall not be
taken into account for purposes of any budget enforcement
procedures under the Balanced Budget and Emergency Deficit
Control Act of 1985.
SEC. 8. ESTIMATING MARGIN.
For any fiscal year for which the overage is less than one-
half of 1 percent of the direct spending target for that
year, the procedures set forth in sections 4 and 5 shall not
apply.
SEC. 9. CONSIDERATION OF APPROPRIATION BILLS.
(a) Point of Order.--It shall not be in order in the House
of Representatives to consider any general appropriation bill
if the President has submitted a direct spending message
under section 4 until Congress has adopted a concurrent
resolution on the budget for the budget year that meets the
requirements of section 5.
(b) Waiver.--The point of order established by subsection
(a) may only be waived for all general appropriation bills
for that budget year through the adoption of one resolution
waiving that point of order.
SEC. 10. MEANS-TESTED PROGRAMS.
In making recommendations under sections 4 and 5, the
President and the Congress should seriously consider all
other alternatives before proposing reductions in means-
tested programs.
SEC. 11. EFFECTIVE DATE.
This Act shall apply to direct spending targets for fiscal
years 1994 through 1997 and shall expire at the end of fiscal
year 1997.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
Mr. GOSS moved to recommit the bill to the Committee on Rules with in-
[[Page 1273]]
structions to report the bill back to the House forthwith with the
following amendments:
In section 4(b)(4) strike the words ``to reduce benefits''.
In section 5(g) strike the words ``to reduce benefits'' and
insert in lieu thereof the words ``to make any legislative
changes''.
After debate,
By unanimous consent, the previous question was ordered on the motion
to recommit with instructions.
The question being put, viva voce,
Will the House recommit said bill with instructions?
The SPEAKER pro tempore, Mr. DURBIN, announced that the yeas had it.
Mr. GOSS objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
424
When there appeared
<3-line {>
Nays
0
Para. 80.17 [Roll No. 345]
YEAS--424
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--10
Carr
Ford (MI)
Gallo
Huffington
Lucas
McDade
Ros-Lehtinen
Tucker
Washington
Weldon
So the motion to recommit with instructions was agreed to.
Mr. DERRICK, by direction of the Committee on Rules and pursuant to
the foregoing order of the House reported the bill back to the House
with said amendments.
The question being put, viva voce,
Will the House agree to said amendments?
The SPEAKER pro tempore, Mr. FIELDS of Louisana, announced that the
yeas had it.
So the amendments were agreed to.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that the
yeas had it.
The question being put, viva voce,
Will the House pass said bill?
Mr. SPRATT demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
316
<3-line {>
affirmative
Nays
107
Para. 80.18 [Roll No. 346]
AYES--316
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Baker (LA)
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Barton
Bateman
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Blute
Boehlert
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (OH)
Bryant
Byrne
Calvert
Camp
Canady
Cantwell
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Goodling
Gordon
Goss
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hoagland
Hochbrueckner
Holden
Horn
Houghton
Hoyer
Hughes
Hutto
Inglis
Inslee
Jacobs
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kim
Kingston
Kleczka
Klein
Klink
Klug
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Leach
Lehman
Levin
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McInnis
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Miller (FL)
Mineta
Minge
Moakley
Montgomery
Moran
[[Page 1274]]
Morella
Murphy
Murtha
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Quinn
Ramstad
Rangel
Ravenel
Reed
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sangmeister
Santorum
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Spence
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Tejeda
Thomas (WY)
Thompson
Thornton
Torkildsen
Torres
Torricelli
Towns
Traficant
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Young (AK)
Young (FL)
NOES--107
Abercrombie
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Ballenger
Bartlett
Bentley
Bereuter
Bilirakis
Bliley
Boehner
Bunning
Burton
Buyer
Callahan
Coble
Combest
Crane
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Ewing
Fields (TX)
Fish
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Gonzalez
Goodlatte
Grams
Grandy
Hancock
Hansen
Hastert
Hefley
Herger
Hinchey
Hobson
Hoekstra
Hoke
Hunter
Hutchinson
Hyde
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
King
Knollenberg
Kolbe
Kyl
Lazio
Levy
Lightfoot
Livingston
Lucas
McHugh
McKeon
McMillan
Mica
Michel
Mink
Molinari
Mollohan
Moorhead
Myers
Nadler
Nussle
Oxley
Packard
Paxon
Pombo
Porter
Portman
Pryce (OH)
Quillen
Rahall
Regula
Rohrabacher
Sanders
Sarpalius
Schaefer
Shuster
Smith (MI)
Solomon
Stearns
Stenholm
Stump
Sundquist
Taylor (NC)
Thomas (CA)
Thurman
Upton
Walker
Yates
Zeliff
Zimmer
NOT VOTING--11
Brown (FL)
Carr
Ford (MI)
Gallo
Huffington
Jefferson
Ros-Lehtinen
Tucker
Washington
Waters
Weldon
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 80.19 submission of conference report--h.r. 2243
Mr. SWIFT submitted a conference report (Rept. No. 103-617) on the
bill (H.R. 2243) to amend the Federal Trade Commission Act to extendthe
authorizations in such Act, and for other purposes; together with a
statement thereon, for printing in the Record under the rule.
Para. 80.20 message from the president
A further message in writing from the President of the United States
was communicated to the House by Mr. Edwin Thomas, one of his
secretaries.
Para. 80.21 motion to instruct conferees--h.r. 3355
Mr. BONILLA submitted the privileged motion to instruct the managers
on the part of the House at the conference with the Senate on the
disagreeing votes of the two Houses on the House amendment to the Senate
amendment to the bill (H.R. 3355) to amend the Omnibus Crime Control and
Safe Streets Act of 1968 to allow grants to increase police presence, to
expand and improve cooperative efforts between law enforcement agencies
and members of the community to address crime and disorder problems, and
otherwise to enhance public safety, be instructed not to agree to any
provision having the effect of diminishing the amount of money made
available to the United States Border Patrol Service from the amount
provided in the House amendment.
After debate,
On motion of Mr. BONILLA, the previous question was ordered on the
motion to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that the
yeas had it.
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
Para. 80.22 providing for the consideration of h.r. 3838
Ms. SLAUGHTER, by direction of the Committee on Rules, called up the
following resolution (H. Res. 482):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the State of the Union for consideration of
the bill (H.R. 3838) to amend and extend certain laws
relating to housing and community development, and for other
purposes. The first reading of the bill shall be dispensed
with. All points of order against consideration of the bill
are waived. General debate shall be confined to the bill and
shall not exceed one hour equally divided and controlled by
the chairman and ranking minority member of the Committee on
Banking, Finance and Urban Affairs. After general debate the
bill shall be considered for amendment under the five-minute
rule. It shall be in order to consider as an original bill
for the purpose of amendment under the five-minute rule the
amendment in the nature of a substitute recommended by the
Committee on Banking, Finance and Urban Affairs now printed
in the bill. The amendment in the nature of a substitute
shall be considered by title rather than by section. Each
title shall be considered as read. Points of order against
the amendment in the nature of a substitute for failure to
comply with clause 7 of rule XVI or clause 5(a) of rule XXI
are waived. At the conclusion of consideration of the bill
for amendment the Committee shall rise and report the bill to
the House with such amendments as may have been adopted. Any
Member may demand a separate vote in the House on any
amendment adopted in the Committee of the Whole to the bill
or to the committee amendment in the nature of a substitute.
The previous question shall be considered as ordered on the
bill and amendments thereto to final passage without
intervening motion except one motion to recommit with or
without instructions.
When said resolution was considered.
After debate,
On motion of Ms. SLAUGHTER, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 80.23 message from the president--national security
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, laid before the
House a message from the President, which was read as follows:
To the Congress of the United States:
As required by section 603 of the Goldwater-Nichols Department of
Defense Reorganization Act of 1986, I am transmitting a report on the
National Security Strategy of the United States.
William J. Clinton.
The White House, July 21, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Armed Services.
Para. 80.24 housing and community development authorization
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, pursuant to House
Resolution 482 and rule XXIII, declared the House resolved into the
Committee of the Whole House on the state of the Union for the
consideration of the bill (H.R. 3838) to amend and extend certain laws
relating to housing and community development, and for other purposes.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, by unanimous
consent, designated Mrs. THURMAN as Chairman of the Committee of the
Whole; and after some time spent therein,
The SPEAKER pro tempore, Mr. HOCHBRUECKNER, assumed the Chair.
When Mrs. THURMAN, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
Para. 80.25 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. TUCKER, for today and balance of the week;
[[Page 1275]]
To Mr. FORD of Michigan, for today; and
To Ms. ROS-LEHTINEN, for today.
And then,
Para. 80.26 adjournment
On motion of Mr. DIAZ-BALART, at 8 o'clock and 3 minutes p.m., the
House adjourned.
Para. 80.27 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. MILLER of California: Committee on Natural Resources.
H.R. 3433. A bill to provide for the management of portions
of the Presidio under the jurisdiction of the Secretary of
the Interior; with an amendment (Rept. No. 103-615). Referred
to the Committee of the Whole House on the State of the
Union.
Mr. LaFALCE; Committee on Small Business. H.R. 4801. A bill
to amend the Small Business Act, and for other purposes; with
amendments (Rept. No. 103-616). Referred to the Committee of
the Whole House on the State of the Union.
Mr. DINGELL: Committee of Conference. Conference report on
H.R. 2243. A bill to amend the Federal Trade Commission Act
to extend the authorization of appropriations in such Act,
and for other purposes (Rept. No. 103-617). Ordered to be
printed.
Para. 80.28 subsequent action on a reported bill sequentially referred
Under clause 5 of Rule X the following action was taken by the
Speaker:
Referral to the Committee on Ways and Means of H.R. 4003
extended for a period ending not later than July 28, 1994.
Para. 80.29 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. McDERMOTT (for himself, Mr. Applegate, Mr.
Fields of Texas, Mr. Gutierrez, Mr. Horn, Mr. Hughes,
Mr. King, Mrs. Mink of Hawaii, Mrs. Morella, Ms.
Pelosi, Mr. Romero-Barcelo, Mr. Swift, and Mr.
Washington):
H.R. 4809. A bill to amend title XVIII of the Social
Security Act to provide for coverage of prostate cancer
screening and certain drug treatment services under part B of
the Medicare Program, to amend chapter 17 of title 38, United
States Code, to provide for coverage of such screening and
services under the programs of the Department of Veterans
Affairs, and to expand research and education programs of the
National Institutes of Health and the Public Health Service
relating to prostate cancer; jointly, to the Committees on
Energy and Commerce, Ways and Means, and Veterans' Affairs.
By Ms. SCHENK (for herself and Mr. Lehman):
H.R. 4810. A bill to amend title XIX of the Social Security
Act to prohibit the Secretary of Health and Human Services
from granting a waiver under the Medicaid Program to permit a
State to require children enrolled in the program to receive
medical assistance under the program through managed care
plans unless such assistance is provided through an
integrated child health care network, and for other purposes;
to the Committee on Energy and Commerce.
By Mr. TRAFICANT:
H.R. 4811. A bill to provide for an additional temporary
and permanent district court judgeship for the northern
district of Ohio; to the Committee on the Judiciary.
By Mr. MINETA (for himself and Ms. Pelosi):
H.R. 4812. A bill to direct the Administrator of General
Services to acquire by transfer the Old U.S. Mint in San
Francisco, CA, and for other purposes; to the Committee on
Public Works and Transportation.
By Mr. HUFFINGTON (for himself, Mr. Calvert, Mr.
Torkildsen, Mr. DeLay, Mr. Knollenberg, Mr.
Greenwood, Mr. Goodlatte, Mr. McCollum, Mr. Bonilla,
Mr. Pombo, Mr. Cunningham, Mr. Kingston, Mr. Lewis of
California, Mr. Grams, Mr. Portman, Mr. Condit, Mr.
Everett, Mr. Walker, Mr. Kyl, Mr. McKeon, Mrs.
Fowler, Mr. Stenholm, Mr. Barcia of Michigan, Mr.
Herger, Ms. Dunn, Mr. McCandless, and Mr. Armey):
H. Con. Res. 270. Concurrent resolution expressing the
sense of Congress with respect to the use of racially based
quotas designed to thwart the implementation of the death
penalty; to the Committee on the Judiciary.
By Mr. GIBBONS:
H. Res. 486. Resolution returning to the Senate the bill S.
729; considered and agreed to.
H. Res. 487. Resolution returning to the Senate the bill S.
1030; considered and agreed to.
Para. 80.30 private bills and resolutions
Under clause 1 of rule XXII,
Mr. SHAW introduced a bill (H.R. 4813) to authorize the
Secretary of Transportation to issue a certificate of
documentation with appropriate endorsement for employment in
the coastwise trade for the vessel Big Dad; which was
referred to the Committee on Merchant Marine and Fisheries.
Para. 80.31 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 148: Mr. Hancock.
H.R. 465: Mr. Stearns.
H.R. 803: Mr. Ackerman, Mr. Boehlert, Mr. Engel, Mr. Fish,
Mr. Flake, Mr. Gilman, Mr. Hinchey, Mr. Hochbrueckner, Mr.
Houghton, Mr. King, Mr. LaFalce, Mr. Lazio, Mr. Levy, Ms.
Lowey, Mrs. Maloney, Mr. Manton, Mr. McHugh, Mr. McNulty, Ms.
Molinari, Mr. Nadler, Mr. Owens, Mr. Paxon, Mr. Quinn, Mr.
Rangel, Mr. Schumer, Mr. Serrano, Ms. Slaughter, Mr. Towns,
Ms. Velazquez, and Mr. Walsh.
H.R. 883: Mr. Stearns.
H.R. 1627: Mr. Weldon.
H.R. 1921: Ms. Margolies-Mezvinsky.
H.R. 2147: Mr. Hamburg.
H.R. 2227: Mr. Williams and Mr. Traficant.
H.R. 2708: Mr. Boehlert.
H.R. 3261: Mr. Hefner, Mr. Kolbe, Mr. Blackwell, Mr. Lucas,
Mr. Moorhead, Mr. King, and Mr. Sarpalius.
H.R. 3271: Mr. Andrews of New Jersey.
H.R. 3293: Ms. Molinari.
H.R. 3397: Mr. Diaz-Balart, Ms. Margolies-Mezvinsky, Mr.
Engel, and Mr. Clay.
H.R. 3811: Mr. Calvert.
H.R. 3846: Ms. Margolies-Mezvinsky.
H.R. 3871: Mr. Rohrabacher.
H.R. 3951: Mr. Gunderson.
H.R. 3971: Mrs. Vucanovich and Mr. Gingrich.
H.R. 3987: Ms. Pelosi.
H.R. 4050: Mr. Boucher.
H.R. 4088: Mr. Bishop.
H.R. 4114: Mr. Romero-Barcelo and Mr. Farr.
H.R. 4115: Mr. Ackerman.
H.R. 4118: Mr. Williams.
H.R. 4124: Mr. Brewster.
H.R. 4183: Mr. Rahall, Mr. Frost, and Mr. Thompson.
H.R. 4184: Mr. Rahall, Ms. Eddie Bernice Johnson of Texas,
Mr. Frost, and Mr. Thompson.
H.R. 4371: Mr. Peterson of Florida and Mr. King.
H.R. 4384: Mr. Fish and Mr. Fields of Louisiana.
H.R. 4386: Mr. Linder, Mr. Torricelli, Mr. Calvert, and Ms.
Furse.
H.R. 4394: Mr. Franks of New Jersey, Mr. Bevill, and Mr.
Torricelli.
H.R. 4404: Mr. Berman, Mr. Filner, Mr. Dellums, Ms. Eshoo,
Mr. Matsui, and Mr. Sanders.
H.R. 4412: Mr. Kingston and Mr. Strickland.
H.R. 4507: Mr. Conyers, Mrs. Unsoeld, and Mr. Abercrombie.
H.R. 4520: Mr. Stearns, Mr. Parker, and Mr. Fingerhut.
H.R. 4565: Mr. Portman, Mr. Hoagland, Mr. Penny, Mr.
Beilenson, and Mr. McDermott.
H.R. 4585: Mr. Smith of Michigan, Mr. Linder, Mr. Young of
Alaska, Mr. Bartlett of Maryland, Mr. Doolittle, Mr. Roth,
and Mr. Burton of Indiana.
H.R. 4616: Mr. Franks of New Jersey, Mr. Bevill, and Mr.
Torricelli.
H.R. 4643: Mr. Calvert and Mr. Kim.
H.R. 4675: Mr. Oberstar and Mr. Roth.
H.R. 4713: Mr. Swift, Mr. Kreidler, and Mr. McDermott.
H.R. 4724: Mr. Bishop.
H.R. 4734: Mr. Young of Alaska, Mr. Hochbrueckner, Mr.
Yates, Mr. Meehan, Ms. Pelosi, Ms. Eshoo, Mr. Miller of
California, and Mr. Evans.
H.R. 4768: Mr. Bishop.
H.R. 4776: Mr. Bishop.
H.J. Res. 90: Mr. Sharp, Mr. Edwards of Texas, Mr. Tucker,
Mr. Schaefer, Mr. Stenholm, Mr. Ridge, Mr. Hoke, and Mr. Hall
of Ohio.
H.J. Res. 160: Mr. Talent.
H.J. Res. 327: Mr. Abercrombie.
H.J. Res. 363: Mr. Young of Florida and Mr. Franks of New
Jersey.
H.J. Res. 374: Mr. Pickle, Mr. Levin, Mr. Hall of Ohio, Mr.
Kanjorski, Mr. Dingell, Mr. Dixon, Mr. Clay, Mr. Hilliard,
Mr. Lazio, Mr. Oxley, Mr. Ehlers, Mr. Lantos, Mr. Hoekstra,
Mr. Frank of Massachusetts, Miss. Collins of Michigan, Mr.
Meehan, Mr. Everett, Mr. Smith of Michigan, Mr. Mazzoli, Mr.
de la Garza, and Mr. Dicks.
H.J. Res. 378: Mr. Shays.
H.J. Res. 381: Mr. Callahan, Mr. Rangel, Mr. Walsh, and Mr.
Wheat.
H.J. Res. 388: Mr. Andrews of New Jersey, Mr. Smith of New
Jersey, Mr. Neal of Massachusetts, Mr. Hastings, Mr. Meehan,
and Mr. Beilenson.
H. Con. Res. 148: Mr. Coleman.
H. Con. Res. 166: Mr. Fish, Mrs. Meek of Florida, Mr.
Towns, and Ms. Eddie Bernice Johnson of Texas.
H. Con. Res. 179: Mr. Regula and Mr. DeFazio.
H. Con. Res. 223: Mr. Owens and Ms. Velazquez.
H. Con. Res. 227: Mr. Armey.
H. Con. Res. 257: Mr. Frank of Massachusetts, Mr. Evans,
Mr. Gene Green of Texas, Mr. Kennedy, Mr. Rahall, Mr.
Kreidler, Mr. Hilliard, Ms. Pelosi, Ms. Kaptur, Mr. Owens,
and Mr. Gordon.
H. Con. Res. 269: Mr. Ramstad, Mr. Gallegly, Mr.
Rohrabacher, Mr. Solomon, Mr. Gekas, Mr. Royce, and Mr.
Buyer.
[[Page 1276]]
H. Res. 430: Mr. Brown of Ohio, Mr. Meehan, Mr.
Hochbrueckner, and Mr. Johnson of South Dakota.
H. Res. 434: Mr. Minge and Mr. Gingrich.
H. Res. 451: Mr. Portman, Mr. Hoagland, Mr. Skaggs, Mr.
Strickland, Mr. Barcia of Michigan, Mr. Deal, Mr. Penny, Mr.
Beilenson, and Mr. McDermott.
H. Res. 485: Mr. Zimmer.
Para. 80.32 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 3222: Mrs. Fowler.
.
FRIDAY, JULY 22, 1994 (81)
The House was called to order by the SPEAKER.
Para. 81.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Thursday, July 21, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 81.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3562. A letter from the Deputy Secretary for Economic
Security, Department of Defense, transmitting the biannual
report on efforts to promote the standardization of equipment
with NATO members, pursuant to 10 U.S.C. 2457(d)(1); to the
Committee on Armed Services.
3563. A letter from the Secretary of Health and Human
Services, transmitting the 1993 report of Health, United
States, compiled by the National Center for Health
Statistics, and the Centers for Disease Control, pursuant to
42 U.S.C. 242m(a)(2)(D); to the Committee on Energy and
Commerce.
3564. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the 1993 annual
report of the voluntary organizations participating in the
Reception and Placement Program for the initial resettlement
of refugees, pursuant to 8 U.S.C. 1522 note; to the Committee
on the Judiciary.
3565. A letter from the General Counsel, Department of
Commerce, transmitting a draft of proposed legislation to
amend chapter 30 of title 35 to afford third parties an
opportunity for greater participation in reexamination
proceedings before the U.S. Patent and Trademark Office, and
for other purposes; to the Committee on the Judiciary.
3566. A letter from the Chairman, Board of Directors,
Panama Canal Commission, transmitting a draft of proposed
legislation to amend the Panama Canal Act of 1979 to
reconstitute the Panama Canal Commission as a United States
Government corporation, and for other purposes; to the
Committee on Merchant Marine and Fisheries.
3567. A letter from the Secretary, Department of
Agriculture, transmitting the report for fiscal year 1993 on
wildfire rehabilitation needs for lands administered by the
U.S. Department of Agriculture, Forest Service, pursuant to
Public Law 101-286, section 202(1) (104 Stat. 174); jointly,
to the Committees on Agriculture and Natural Resources.
Para. 81.3 board of directors of the national urban air toxics research
center
The SPEAKER, pursuant to the provisions of section 112 of the Clean
Air Act (42 United States Code 7412), appointed to the Board of
Directors of the National Urban Air Toxics Research Center, Mr. Gerald
van Belle of Seattle, Washington, Ms. Devra Lee Davis of Washington, D.
C., and Dr. M. David Low of Houston, Texas, from private life, on the
part of the House.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 81.4 policy committee of the white house conference on aging
The SPEAKER, pursuant to the provisions of section 204 of the Older
Americans Act Amendments of 1987, as amended by section 834 of Public
Law 102-375, jointly with the Majority Leader of the Senate, appointed
to the Policy Committee of the White House Conference on Aging, Mr.
Thomas H. D. Mahoney of Cambridge, Massachusetts, Ms. Maralee I. Lindley
of Springfield, Illiois, Ms. Madeleine R. Freeman of Orono, Maine, Mrs.
Bea Gwin Bacon of Olathe, Kansas, from private life, on the part of the
House.
Para. 81.5 housing and community development authorization
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to House Resolution
482 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the further consideration
of the bill (H.R. 3838) to amend and extend certain laws relating to
housing and community development, and for other purposes.
Ms. KAPTUR, Acting Chairman, assumed the chair; and after some time
spent therein,
Para. 81.6 call in committee
Mr. MORAN, Acting Chairman, announced that the Committee, having had
under consideration said bill, finding itself without a quorum, directed
the Members to record their presence by electronic device, and the
following-named Members responded--
Para. 81.7 [Roll No. 347]
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Castle
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Furse
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Hughes
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Pastor
Paxon
Payne (NJ)
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Reynolds
Roberts
Roemer
Rogers
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Traficant
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Williams
Wilson
Wise
Wolf
Woolsey
[[Page 1277]]
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
Thereupon, Mr. MORAN, Acting Chairman, announced that 393 Members had
been recorded, a quorum.
The Committee resumed its business.
After some further time,
Para. 81.8 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment, as amended, submitted by Mr. KIM:
Page 565, after line 11, insert the following new section
(and conform the table of contents accordingly):
SEC. 852. PROHIBITION OF ASSISTANCE TO ILLEGAL ALIENS.
Section 313 of the Stewart B. McKinney Homeless Assistance
Act (42 U.S.C. 11343) is amended by adding at the end the
following new subsection:
``(c) Prohibition of Assistance to Illegal Aliens.--
``(1) In general.--Notwithstanding any provision of law
other than paragraph (2), no amounts provided to carry out
this title may be used to provide shelter, food, supportive
services, or any other assistance to any person who, at the
time the person applies for, receives, or attempts to receive
any assistance from a program assisted under this title, is
not a citizen or national of the United States, a permanent
resident alien, an asylee or asylee applicant, a refugee, a
parolee, a nonimmigrant in status under the Immigration and
Nationality Act, or admitted with temporary protected status,
a temporary resident, or a person granted family unity
protection status under such Act.
``(2) Exception.--The Director may authorize the use of
amounts provided to carry out this title for providing
shelter, food, supportive services, and other assistance for
persons described in paragraph (1) in such instances as the
Director considers appropriate and such use shall be subject
to any rules or guidelines established by the Director,
except that--
``(A) such assistance may not be provided for such a person
for a period that exceeds 7 days; and
``(B) any local government, private nonprofit organization,
or other service provider providing such assistance under
this paragraph to such a person shall notify the Immigration
and Naturalization Service of the identity and location of
the person during the 7-day period beginning upon the initial
provision of such assistance for the person.
``(3) Inapplicability.--This subsection shall not apply in
the case of any disaster declared by the President under the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act.''.
It was decided in the
Yeas
220
<3-line {>
affirmative
Nays
176
Para. 81.9 [Roll No. 348]
AYES--220
Allard
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barrett (NE)
Bartlett
Bateman
Bentley
Bereuter
Bevill
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Brewster
Brooks
Browder
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clement
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Cox
Cramer
Crane
Crapo
Cunningham
Darden
Deal
DeLay
Deutsch
Dickey
Doolittle
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fingerhut
Fowler
Franks (CT)
Franks (NJ)
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hancock
Hastert
Hayes
Hefley
Hefner
Herger
Hoagland
Hobson
Hoekstra
Hoke
Holden
Horn
Houghton
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Kasich
Kim
King
Kingston
Klein
Klink
Klug
Knollenberg
Kolbe
Lambert
Lancaster
Lazio
Leach
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manzullo
Margolies-Mezvinsky
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McMillan
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Moorhead
Myers
Nussle
Orton
Packard
Paxon
Payne (VA)
Penny
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Regula
Roberts
Rogers
Rose
Roth
Roukema
Rowland
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schenk
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stump
Stupak
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (WY)
Thurman
Torkildsen
Traficant
Upton
Valentine
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--176
Abercrombie
Ackerman
Andrews (ME)
Bacchus (FL)
Baesler
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bilbray
Bishop
Blackwell
Bonior
Borski
Brown (FL)
Brown (OH)
Byrne
Cantwell
Cardin
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Costello
Coyne
Danner
de la Garza
DeLauro
Dellums
Derrick
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fish
Flake
Foglietta
Ford (TN)
Frank (MA)
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Hastings
Hilliard
Hinchey
Hochbrueckner
Hoyer
Hughes
Jefferson
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Kopetski
Kreidler
LaFalce
Lantos
LaRocco
Laughlin
Levin
Lewis (GA)
Lipinski
Long
Lowey
Maloney
Mann
Manton
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Pickle
Pomeroy
Poshard
Price (NC)
Reed
Reynolds
Richardson
Roemer
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Skaggs
Slaughter
Smith (IA)
Stark
Stokes
Strickland
Studds
Swift
Tejeda
Thompson
Thornton
Torres
Torricelli
Unsoeld
Velazquez
Vento
Visclosky
Waters
Watt
Waxman
Wheat
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--43
Barton
Boucher
Brown (CA)
Bryant
Carr
Chapman
Clay
de Lugo (VI)
DeFazio
Dornan
Faleomavaega (AS)
Ford (MI)
Frost
Gallegly
Gallo
Hansen
Harman
Huffington
Hutto
Kyl
Lloyd
McCandless
McCollum
McKeon
Oberstar
Oxley
Parker
Rangel
Ridge
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Slattery
Smith (NJ)
Sundquist
Synar
Thomas (CA)
Towns
Tucker
Underwood (GU)
Washington
Whitten
Wyden
So the amendment, as amended, was agreed to.
After some further time,
The SPEAKER pro tempore, Mr. SABO, assumed the Chair.
When Mr. MORAN, Acting Chairman, pursuant to House Resolution 482,
reported the bill back to the House with an amendment adopted by the
Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Housing
and Community Development Act of 1994''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Effective date.
TITLE I--HOUSING ASSISTANCE
Subtitle A--General Provisions
Sec. 101. Low-income housing authorization.
Sec. 102. Resident representation in public housing agencies.
Sec. 103. Determination of median income.
Sec. 104. Definition of families.
Sec. 105. Family self-sufficiency program.
Sec. 106. Use of amounts in headquarters reserve.
Subtitle B--Public and Indian Housing
Sec. 111. Public housing rent reform.
Sec. 112. Sale of public housing to non-profit intermediaries.
Sec. 113. Major reconstruction of obsolete projects.
Sec. 114. New construction of projects for disabled families.
Sec. 115. Recapture of public housing development amounts.
Sec. 116. Repeal of least-cost limitation on public housing new
construction.
Sec. 117. Regulatory relief and paperwork reduction for high-performing
public housing agencies.
[[Page 1278]]
Sec. 118. Standards for lease termination and expedited grievance
procedure.
Sec. 119. Availability of criminal conviction information for screening
and evictions.
Sec. 120. Designated housing.
Sec. 121. Public housing operating subsidies.
Sec. 122. Eligible uses of emergency modernization funds.
Sec. 123. Use of modernization funds for replacement housing.
Sec. 124. Authority for public housing agencies to leverage amounts for
replacement and modernization.
Sec. 125. Demolition and disposition of public housing.
Sec. 126. Public housing resident opportunity.
Sec. 127. Public housing family investment centers.
Sec. 128. Revitalization of severely distressed public housing.
Sec. 129. Program monitoring and technical assistance.
Sec. 130. Applicability of public housing amendments to Indian housing.
Sec. 131. Early childhood development program.
Sec. 132. Indian housing childhood development services.
Sec. 133. Public housing one-stop perinatal services demonstration.
Sec. 134. Sale of certain scattered-site public housing.
Sec. 135. Eligibility of certain public housing for demolition.
Sec. 136. Demonstration program for innovative public housing agencies
and resident management corporations.
Sec. 137. Demonstration program for occupancy of otherwise vacant
public housing units by moderate-income families.
Sec. 138. Study of adequacy of payment in lieu of taxes.
Subtitle C--Section 8 Assistance
Sec. 141. Community investment demonstration program.
Sec. 142. Merger of section 8 rental assistance programs.
Sec. 143. Incentives to refinance high interest mortgages for section 8
projects.
Sec. 144. Demonstration program for use of excess residual receipts.
Sec. 145. Treatment of certain projects.
Sec. 146. Study of extent of nonparticipation of owners and landlords
in section 8 rental assistance program.
Sec. 147. Study of section 8 housing quality standards.
Subtitle D--Renewal of Expiring Contracts for Section 8 New
Construction and Substantial Rehabilitation Projects
Sec. 151. Findings and purpose.
Sec. 152. Notices of contract expiration and intention to renew.
Sec. 153. Secretary's response to owner's proposal.
Sec. 154. Limitation on new contracts.
Sec. 155. Required terms of new contracts.
Sec. 156. Maximum monthly rent under new contracts.
Sec. 157. Actions in cases of failure to enter into new contract.
Sec. 158. Contract extension.
Sec. 159. Financing and restructuring underlying debt and treatment of
residual receipts.
Sec. 160. Retention of program savings by Secretary.
Sec. 161. Supportive services and technical assistance.
Sec. 162. Delegation of authority.
Sec. 163. Definitions.
Sec. 164. Regulations.
Sec. 165. Authorization of appropriations.
Subtitle E--Homeownership Programs
Sec. 171. HOPE homeownership programs.
Sec. 172. National Homeownership Fund.
Sec. 173. Section 235 mortgage refinancing.
Sec. 174. Housing counseling for homeownership and rental housing
choice.
Subtitle F--Other Programs
Sec. 181. Community partnerships against crime.
Sec. 182. Low-income housing preservation.
Sec. 183. Flexible subsidy program.
Sec. 184. Youthbuild program.
Sec. 185. Disposition of HUD-owned multifamily housing properties.
Sec. 186. Guidelines for screening, admission, and evictions in public
and assisted housing.
Sec. 187. Metropolitan area-wide strategy demonstration.
Sec. 188. Certain revitalization and relocation assistance.
TITLE II--HOME INVESTMENT PARTNERSHIPS
Sec. 201. Authorization of appropriations.
Sec. 202. Eligible uses of investment.
Sec. 203. Qualification as affordable rental housing.
Sec. 204. Repayment of investment.
Sec. 205. Matching requirements.
Sec. 206. Support for State and local housing strategies.
Sec. 207. Labor requirements.
TITLE III--SUPPORTIVE HOUSING PROGRAMS
Sec. 301. Funding for supportive housing for the elderly and for
persons with disabilities.
Sec. 302. Supportive housing for the elderly.
Sec. 303. Supportive housing for persons with disabilities.
Sec. 304. Revised congregate services.
Sec. 305. Supportive housing assistance for elderly independence.
Sec. 306. Housing opportunities for persons with AIDS.
Sec. 307. Service coordinators.
TITLE IV--MORTGAGE INSURANCE AND SECONDARY MORTGAGE MARKET
Subtitle A--Mortgage Insurance and Loan Guarantee Programs
Sec. 401. Limitation on insurance authority.
Sec. 402. Federal Housing Administration Advisory Board.
Sec. 403. Maximum mortgage amount ceiling for single family mortgages.
Sec. 404. Maximum mortgage amount floor for single family mortgage
insurance.
Sec. 405. Calculation of downpayment.
Sec. 406. Elimination of restrictions regarding new construction.
Sec. 407. Authority to use amounts borrowed from family members for
downpayments.
Sec. 408. Indemnification for multifamily housing project managers.
Sec. 409. Extension of multifamily housing mortgage auction provisions.
Sec. 410. Streamlined refinancing for HUD-held mortgages.
Sec. 411. Home equity conversion mortgages for elderly homeowners.
Sec. 412. Single family risk-sharing mortgage insurance program.
Sec. 413. Delegation of single family mortgage insuring authority to
direct endorsement mortgagees.
Sec. 414. Eligibility of mortgages on homes on leased land owned by
community land trusts.
Sec. 415. Insurance of 2-step single family mortgages.
Sec. 416. Mortgage limits for multifamily projects in high-cost areas.
Sec. 417. Approval of point-of-use purification systems and testing of
systems.
Sec. 418. Energy efficient mortgages pilot program.
Sec. 419. Extension of multifamily mortgage credit demonstrations.
Sec. 420. Indian housing loan guarantees.
Sec. 421. National Commission on the Future of the Federal Housing
Administration.
Sec. 422. Action and report on cooperative homeownership for low- and
moderate-income families.
Sec. 423. Study of activity of private mortgage bankers and insurers.
Subtitle B--Secondary Mortgage Market Programs
Sec. 441. Limitation on GNMA guarantees of mortgage-backed securities.
Sec. 442. Assessment collection dates for Office of Federal Housing
Enterprise Oversight.
Subtitle C--Emergency Mortgage Relief
Sec. 461. Amendments to Emergency Homeowners' Relief Act.
Subtitle D--Nonjudicial Foreclosure of Defaulted Single Family
Mortgages
Sec. 481. Short title.
Sec. 482. Findings and purpose.
Sec. 483. Definitions.
Sec. 484. Applicability.
Sec. 485. Designation of foreclosure commissioner.
Sec. 486. Prerequisites to foreclosure.
Sec. 487. Notice of foreclosure sale.
Sec. 488. Commencement of foreclosure.
Sec. 489. Service of notice of foreclosure.
Sec. 490. Presale reinstatement.
Sec. 491. Conduct of sale and adjournment.
Sec. 492. Foreclosure costs.
Sec. 493. Disposition of sale proceeds.
Sec. 494. Transfer of title and possession.
Sec. 495. Record of foreclosure and sale.
Sec. 496. Effect of sale.
Sec. 497. Computation of time.
Sec. 498. Separability.
Sec. 499. Deficiency judgment.
TITLE V--RURAL HOUSING
Sec. 501. Program authorizations.
Sec. 502. Eligibility of Native Americans for rural housing programs.
Sec. 503. Escrow fund.
Sec. 504. Section 502 homeownership loans.
Sec. 505. Loan guarantees.
Sec. 506. Prepayment of rural rental housing loans.
Sec. 507. Designation of underserved areas and reservation of
assistance.
Sec. 508. Administrative appeals.
Sec. 509. Section 515 rural rental housing.
Sec. 510. Optional conversion of rental assistance payments to
operating subsidy for migrant farmworker projects.
Sec. 511. Definition of rural area.
Sec. 512. Eligibility of manufactured home parks for building site
loans for cooperatives.
Sec. 513. Rural housing assistance targeting report.
Sec. 514. Priority for rural housing voucher assistance.
Sec. 515. Native American rural housing capacity demonstration program.
Sec. 516. Rural community development initiative.
Sec. 517. Loan guarantees for multifamily rental housing in rural
areas.
Sec. 518. Rural housing loan delegated processing demonstration.
TITLE VI--COMMUNITY DEVELOPMENT
Subtitle A--Community Development Block Grant Program
Sec. 601. Authorization of appropriations and guarantee authority.
[[Page 1279]]
Sec. 602. Definition of metropolitan city.
Sec. 603. Management information systems.
Sec. 604. Eligible activities.
Sec. 605. Reallocations.
Sec. 606. Prohibition of use of CDBG assistance for employment
relocation activities.
Sec. 607. Limitation on extent of use of loan guarantees for housing
purposes.
Sec. 608. Economic development grants.
Sec. 609. Use of UDAG recaptures.
Sec. 610. Extension of certain CDBG assistance.
Subtitle B--Other Community Development Programs
Sec. 631. Neighborhood Reinvestment Corporation.
Sec. 632. John Heinz neighborhood development program.
Sec. 633. Capacity building for community development and affordable
housing.
Sec. 634. Colonias assistance program.
Sec. 635. Grants for empowerment zones and enterprise communities.
Sec. 636. Use of grant amounts.
TITLE VII--REGULATORY AND MISCELLANEOUS PROGRAMS
Sec. 701. Fair housing initiatives program.
Sec. 702. HUD program monitoring and evaluation.
Sec. 703. HUD salaries and expenses.
Sec. 704. Use of technical assistance amounts by or for HUD staff.
Sec. 705. Annual report regarding repeal of unfunded programs.
Sec. 706. Requirements for participation of women in construction
assisted under HUD programs.
Sec. 707. Notification of HUD funding awards.
Sec. 708. Exclusion of GNMA from HUD personnel ceilings.
Sec. 709. HUD research and development.
Sec. 710. Preventing fraud and abuse in rural rental housing program.
Sec. 711. National Institute of Building Sciences.
Sec. 712. Residential lead-based paint hazard reduction.
Sec. 713. GAO study of lead-based paint detection technologies and
tenant notification procedures.
Sec. 714. Civil money penalties for violations of Home Mortgage
Disclosure Act by nonsupervised mortgagees.
Sec. 715. Removal of regulatory barriers to affordable housing.
Sec. 716. New towns demonstration program for emergency relief of Los
Angeles.
Sec. 717. Authorization of appropriations for public services facility.
Sec. 718. National American Indian Housing Council.
Sec. 719. Housing Assistance Council.
Sec. 720. Demonstration program for outreach to avoid disconnection of
utilities.
Sec. 721. Federal Deposit Insurance Corporation affordable housing
program.
Sec. 722. State agencies as sureties.
Sec. 723. Insured community development financial institution access to
Federal Home Loan Bank advances.
Sec. 724. Purchase of American-made equipment and products.
TITLE VIII--HOUSING PROGRAMS UNDER STEWART B. MCKINNEY HOMELESS
ASSISTANCE ACT
Sec. 801. Short title.
Subtitle A--Housing Assistance
Chapter 1--Reorganization of Certain McKinney Act Housing Provisions
Sec. 811. Flexible grant program.
Sec. 812. Regulations and transition provisions.
Sec. 813. Report on single room occupancy assistance.
Chapter 2--Other Housing Assistance Programs for the Homeless Under
McKinney Act
Sec. 821. Section 8 assistance for single room occupancy dwellings.
Sec. 822. Section 8 assistance for shelter plus care single room
occupancy dwellings.
Sec. 823. Rural homelessness grant program.
Sec. 824. Clerical amendment.
Chapter 3--Miscellaneous Homeless Housing Provisions
Sec. 831. FHA single family property disposition.
Sec. 832. Strategy to eliminate unfit transient facilities.
Subtitle B--Interagency Council on the Homeless
Sec. 841. Authorization of appropriations.
Sec. 842. Chairperson.
Sec. 843. Extension.
Subtitle C--Federal Emergency Management Agency Food and Shelter
Program
Sec. 851. Authorization of appropriations.
Sec. 852. Prohibition of assistance to illegal aliens.
Subtitle D--Availability of Property at Military Bases for
Redevelopment and Homeless Use
Sec. 861. Availability of property at military bases for redevelopment
and homeless use.
TITLE IX--ASSURANCE AGAINST COST SHIFTING
Sec. 901. Assurance against cost shifting.
SEC. 2. EFFECTIVE DATE.
The provisions of this Act and the amendments made by this
Act shall take effect and shall apply upon the date of the
enactment of this Act, unless such provisions or amendments
specifically provide for effectiveness or applicability upon
another date certain.
TITLE I--HOUSING ASSISTANCE
Subtitle A--General Provisions
SEC. 101. LOW-INCOME HOUSING AUTHORIZATION.
(a) Aggregate Budget Authority.--Section 5(c)(6) of the
United States Housing Act of 1937 (42 U.S.C. 1437c(c)(6)) is
amended by adding at the end the following new sentence:
``The aggregate amount of budget authority that may be
obligated for assistance referred to in paragraph (7) is
increased (to the extent approved in appropriation Acts) by
the sum of the amounts provided in paragraph (7)(A) on
October 1, 1994, and by the sum of the amounts provided in
paragraph (7)(B) on October 1, 1995.''.
(b) Utilization of Budget Authority.--Section 5(c)(7) of
the United States Housing Act of 1937 (42 U.S.C. 1437c(c)(7))
is amended by striking the paragraph designation and all that
follows through the end of subparagraph (B) and inserting the
following:
``(7)(A) Using the additional budget authority provided
under paragraph (6) and the balances of budget authority that
become available during fiscal year 1995, the Secretary
shall, to the extent approved in appropriation Acts, reserve
authority to enter into obligations aggregating--
``(i) for public housing grants under subsection (a)(2),
not more than $861,000,000, of which amount not more than
$263,000,000 shall be available for Indian housing;
``(ii) for assistance under section 8, not more than
$2,674,000,000, of which not more than $75,000,000 shall be
available for assistance under section 8 for family
unification under subsection (q)(3) of such section;
``(iii) for assistance under section 5(j)(2) for
substantial redesign, reconstruction, and redevelopment of
existing obsolete public housing projects and buildings, not
more than $114,000,000;
``(iv) for comprehensive improvement assistance grants
under section 14(k), not more than $3,230,000,000;
``(v) for assistance under section 8 for property
disposition, not more than $691,000,000;
``(vi) for assistance under section 8 for loan management,
not more than $150,000,000;
``(vii) for extensions of contracts expiring under section
8, $5,092,000,000 which shall be for 5-year contracts for
assistance under section 8 and vouchers under section 8(o)
(as in effect before the date of the enactment of this Act)
and for loan management assistance under such section;
``(viii) for amendments to contracts under section 8, such
sums as may be necessary;
``(ix) for public housing lease adjustments and amendments,
such sums as may be necessary;
``(x) for assistance under section 18(g) for replacement
housing for units demolished or disposed of under section 18,
not more than $333,450,000;
``(xi) for conversions from leased housing contracts under
section 23 of this Act (as in effect immediately before the
enactment of the Housing and Community Development Act of
1974) to assistance under section 8, such sums as may be
necessary; and
``(xii) for grants under section 24 for revitalization of
severely distressed public housing, not more than
$500,000,000.
``(B) Using the additional budget authority provided under
paragraph (6) and the balances of budget authority that
become available during fiscal year 1996, the Secretary
shall, to the extent approved in appropriation Acts, reserve
authority to enter into obligations aggregating--
``(i) for public housing grants under subsection (a)(2),
not more than $862,000,000, of which amount not more than
$264,000,000 shall be available for Indian housing;
``(ii) for assistance under section 8, not more than
$2,800,000,000, of which not more than $75,000,000 shall be
available for assistance under section 8 for family
unification under subsection (q)(3) of such section;
``(iii) for assistance under section 5(j)(2) for
substantial redesign, reconstruction, and redevelopment of
existing obsolete public housing projects and buildings, not
more than $120,000,000;
``(iv) for comprehensive improvement assistance grants
under section 14(k), not more than $3,241,000;
``(v) for assistance under section 8 for property
disposition, not more than $800,000,000;
``(vi) for assistance under section 8 for loan management,
not more than $155,000,000;
``(vii) for extensions of contracts expiring under section
8, $6,000,000,000 which shall be for 5-year contracts for
assistance under section 8 and vouchers under section 8(o)
(as in effect before the date of the enactment of the Housing
and Community Development Act of 1994) and for loan
management assistance under such section;
``(viii) for amendments to contracts under section 8, such
sums as may be necessary;
``(ix) for public housing lease adjustments and amendments,
such sums as may be necessary;
``(x) for assistance under section 18(g) for replacement
housing for units demolished or disposed of under section 18,
not more than $273,600,000;
``(xi) for conversions from leased housing contracts under
section 23 of this Act (as in effect immediately before the
enactment of the Housing and Community Development Act of
1974) to assistance under section 8, such sums as may be
necessary; and
``(xii) for grants under section 24 for revitalization of
severely distressed public housing, not more than
$550,000,000.''.
[[Page 1280]]
SEC. 102. RESIDENT REPRESENTATION IN PUBLIC HOUSING AGENCIES.
(a) Representation.--Section 2 of the United States Housing
Act of 1937 (42 U.S.C. 1437) is amended--
(1) by inserting ``(a) Policy.--'' after ``Sec. 2.'';
(2) by striking the last sentence; and
(3) by adding at the end the following new subsection:
``(b) Governance of Public Housing Agencies.--
``(1) Prohibition.--No person may be barred from serving on
the board of directors or other similar governing body of a
local public housing agency because of his or her tenancy in
a low-income project.
``(2) Resident membership.--Each public housing agency
shall have a board of directors or other similar governing
body, of which not less than one-quarter of the members shall
be residents of housing units administered or assisted by the
agency, except that in the case of any public housing agency
whose board of directors or other governing body consists of
5 members, not less than 1 member shall be a resident of a
housing unit administered or assisted by the agency. The
requirement in the preceding sentence with respect to
resident members shall not apply to any State or local
governing body whose responsibilities include substantial
activities other than acting as a public housing agency for
purposes of this Act, but shall apply to any advisory
committee or organization that is established by such a
governing body and whose responsibilities relate only to the
governing body's functions as a public housing agency for
purposes of this Act.
``(3) Conflicts of interest.--The Secretary shall establish
guidelines to prevent conflicts of interest on the part of
resident members of the board or directors or governing body
of a public housing agency. Such guidelines shall ensure that
resident members are able to participate fully in policy and
financial matters within the control of the board or body.
``(4) Full participation.--No public housing agency may
limit or restrict the capacity or offices in which a member
of such board or body may serve on such board or body solely
because of the member's status as a resident member.
``(5) Definition.--For purposes of this subsection, the
term `resident member' means a member of the board of
directors or other similar governing body of a public housing
agency who is a resident of a housing unit administered or
assisted by the agency.''.
(b) Conforming Amendment.--The first sentence of section
3(b)(6) of the United States Housing Act of 1937 (42 U.S.C.
1437a(b)(6)) is amended by inserting before the period at the
end the following: ``and complies with the requirements under
section 2(b)''.
SEC. 103. DETERMINATION OF MEDIAN INCOME.
(a) In General.--Section 3(b)(2) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)(2)) is amended--
(1) in the 4th sentence--
(A) by striking ``County'' and inserting ``and Rockland
Counties''; and
(B) by inserting ``each'' before ``such county''; and
(2) in the last sentence--
(A) by striking ``County'' the 1st place it appears and
inserting ``or Rockland Counties''; and
(B) by striking ``County'' the 2d place it appears and
inserting ``and Rockland Counties''.
(b) Regulations and Effective Date.--The Secretary of
Housing and Urban Development shall issue regulations
implementing the amendments made by subsection (a) not later
than the expiration of the 90-day period beginning on the
date of the enactment of this Act. The regulations may not
take effect until after September 30, 1993.
SEC. 104. DEFINITION OF FAMILIES.
The first sentence of section 3(b)(3)(B) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(b)(3)) is amended
by inserting ``or, in the case of disabled families, other
household members'' after ``spouses''.
SEC. 105. FAMILY SELF-SUFFICIENCY PROGRAM.
(a) Scope.--Section 23(b)(3) of the United States Housing
Act of 1937 (42 U.S.C. 1437u(b)(3)) is amended to read as
follows:
``(3) Scope.--Each public housing agency required to carry
out a local program under this section shall make assistance
under the program available in a fiscal year, subject only to
the availability of amounts for such assistance, to a number
of families who are assisted by the agency under section 8 or
reside in public housing of the agency that is equivalent to
the sum of--
``(A) the increase for such year in the number of families
assisted under section 8 (as compared to the preceding year);
and
``(B) the increase for such year in the number of public
housing dwelling units made available by the agency (as
compared to the preceding year).''.
(b) Voluntary Escrow Savings Account.--Section 23(d) of the
United States Housing Act of 1937 (42 U.S.C. 1437u(d)) is
amended--
(1) in paragraph (2)--
(A) in the 1st sentence, by striking ``shall'' and
inserting ``may'';
(B) in the 2d sentence, by inserting after ``area median
income'' the following: ``that choose to escrow amounts under
this paragraph'';
(C) in the 2d sentence, by striking ``shall'' and inserting
``may''; and
(D) by striking the 3d and 4th sentences and inserting the
following new sentence: ``Amounts in the escrow account may
be withdrawn by the participating family upon the successful
performance of the obligations of the family under the
contract of participation entered into by the family under
subsection (c), as determined according to the specific goals
and terms included in the contract, and under other
circumstances, as determined by the public housing agency
with the approval of the Secretary.''; and
(2) by striking the 2d sentence of paragraph (3) and
inserting the following new sentence: ``The plan may require
the establishment of escrow savings accounts under paragraph
(2), a description of the procedures for release of escrowed
amounts, and any other incentives designed by the public
housing agency.''.
(c) Service Coordinators.--Section 23 of the United States
Housing Act of 1937 (42 U.S.C. 1437u) is amended--
(1) in the last sentence of subsection (b)(1), by inserting
``under section 671 of the Housing and Community Development
Act of 1992'' after ``service coordinator''; and
(2) in subsection (h)--
(A) in paragraph (2), by striking ``(including the costs of
employing a full-time service coordinator)''; and
(B) by adding at the end the following new paragraph:
``(3) Contract adjustments for service coordinators.--If,
in providing rental assistance under section 8 of the United
States Housing Act of 1937 for a public housing agency
carrying out a local program under this section in any fiscal
year, the Secretary increases the amount provided for the
agency so that the number of families assisted by the agency
in the year is greater than the number of families assisted
in the preceding year, the Secretary may increase the amount
annually provided for the agency to provide for the costs of
employing or otherwise retaining the services of one or more
service coordinators referred to in subsection (b)(1) of this
section. The Secretary may also, under any existing contract
for assistance under section 8, include the cost of employing
such service coordinators to the extent that amounts for
amendments to such contracts are available.''.
(d) Repeal of Incentive Award Allocation.--Section 23 of
the United States Housing Act of 1937 (42 U.S.C. 1437u) is
amended--
(1) by striking subsection (i); and
(2) by redesignating subsections (j) through (o) as
subsections (i) through (n), respectively.
(e) Technical Amendment.--Section 23(h)(2) of the United
States Housing Act of 1937 (42 U.S.C. 1437u(h)(2)) is amended
by striking the last sentence.
(f) Use of Community Action Agencies.--Section 23(b) of the
United States Housing Act of 1937 (42 U.S.C. 1437u(b)) is
amended by adding at the end the following new paragraph:
``(5) Use of community action agencies.--A pubilc housing
agency may enter into agreements with any local community
action agency receiving assistance under the Community
Services Block Grant Act providing for such agency to carry
out the local program of the public housing agency or to
provide any supportive services under the local program.''.
SEC. 106. USE OF AMOUNTS IN HEADQUARTERS RESERVE.
(a) Use for Fair Housing Activities.--Section 213(d)(4)(A)
of the Housing and Community Development Act of 1974 (42
U.S.C. 1439(d)(4)(A)) is amended--
(1) in clause (iii), by striking ``and'' at the end;
(2) in clause (iv) by striking the period at the end and
inserting a semicolon; and
(3) by inserting after clause (iv) the following new
clauses:
``(v) fair housing activities and cash payments, in
connection with the settlement of civil rights litigation
(excluding litigation brought by an employee or former
employee of the Secretary); and
``(vi) in the case of financial assistance under the rental
housing assistance program under section 8 of the United
States Housing Act of 1937, providing assistance pursuant to
section 8(q)(4) of such Act.''.
(b) Availability of Public Housing and Section 8 Amounts.--
Section 5 of the United States Housing Act of 1937 (42 U.S.C.
1437c) is amended by adding at the end the following new
subsection:
``(m) Use of Amounts Under Headquarters Reserve.--Any
amounts appropriated for public housing development or
assistance under section 8, that are retained by the
Secretary in accordance with section 213(d)(4)(A) of the
Housing and Community Development Act of 1974, may be used
for any of the activities specified in clauses (i) through
(v) of such section.''.
(c) Use of Section 8 Assistance for Portability and
Neighborhood Crime Fighters.--Section 213(d)(4) of the
Housing and Community Development Act of 1974 is amended by
adding at the end the following new subparagraphs:
``(C) Of any financial assistance for the rental housing
assistance program under section 8 of the United States
Housing Act of 1937 that is reserved pursuant to subparagraph
(A), 5 percent shall be reserved for use only for the
purposes of providing assistance pursuant to section 8(o)(6)
of such Act.
``(D) In addition to any financial assistance for the
rental housing assistance program under section 8 of the
United States Housing Act of 1937 that is reserved pursuant
to subparagraphs (A) and (C), the Secretary shall reserve not
more than an additional $15,000,000 of any financial
assistance that
[[Page 1281]]
becomes available under such program during each of fiscal
years 1995 and 1996 and such additional amounts may be used
only for the purpose under clause (vi) of subparagraph
(A).''.
Subtitle B--Public and Indian Housing
SEC. 111. PUBLIC HOUSING RENT REFORM.
(a) Ceiling Rents.--Section 3(a)(2) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(a)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``and approved by the
Secretary''; and
(B) by striking clause (iii) and inserting the following
new clause:
``(iii) at the election of such agency, is--
``(I) not less than the average monthly amount of debt
service and operating expenses attributable to dwelling units
of similar size in public housing projects owned and operated
by such agency;
``(II) not less than the reasonable rental value of the
unit, as determined by the agency; or
``(III) not less than the local market rent determined by
the agency for comparable units of similar size pursuant to
the procedures prescribed by the Secretary for determining
rent reasonableness under the program for rental certificate
assistance under section 8(b).'';
(2) by redesignating subparagraph (B) as subparagraph (D);
and
(3) by inserting after subparagraph (A) the following new
subparagraphs:
``(B) Any ceiling rents established by a public housing
agency pursuant to this paragraph may be adjusted by the
agency.
``(C)(i) Any ceiling rents established pursuant to
subclause (I) or (III) of subparagraph (A)(iii) shall take
effect at the discretion of the public housing agency.
``(ii) Any ceiling rents established pursuant to subclause
(II) of subparagraph (A)(iii) may not take effect before the
issuance of regulations to carry out such subclause, which
shall be issued by the Secretary not later than 180 days
after the date of the enactment of the Housing and Community
Development Act of 1994.
``(iii) Before the effectiveness of regulations under
clause (ii), an agency shall determine the reasonable rental
value of unit for purposes of subclause (II) of subparagraph
(A)(iii) based upon (I) in a project of 50 or more units for
which such ceiling rents are being established, the 95th
percentile of rents paid for all units in the project, (II)
in a group of comparable projects for which such ceiling
rents are being established that consists of a total of 50 or
more units, all units in the projects, and (III) in a group
of at least 50 comparable units for which such ceiling rents
are being established, all units in the group.''.
(b) Exclusions From Adjusted Income.--Section 3(b)(5) of
the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(5))
is amended--
(1) in subparagraph (C)--
(A) by striking ``and'' before ``(ii)''; and
(B) by inserting before the semicolon at the end the
following; ``; and (iii) to the extent documented by the
family, the amount paid by the family for health insurance
coverage and any other nonreimbursed out-of-pocket medical
expenses for any members of the family residing in the
household who, at the time, are not receiving or approved to
receive any assistance for health care from the Federal
Government or any State government, except that this clause
shall apply only to families residing in public housing'';
(2) in subparagraph (E), by inserting before the semicolon
at the end the following: ``, except that in the case of a
family residing in public housing the amount excluded under
this subparagraph shall be 20 percent of the earned income of
the family remaining after excluding any amounts pursuant to
subparagraph (H)'';
(3) in subparagraph (F), by striking ``and'' at the end;
(4) in subparagraph (G), by striking the period at the end
and inserting a semicolon; and
(5) by adding at the end the following new subparagraphs:
``(H) in the case of a family residing in public housing,
any earned income of any formerly dependent child who is a
member of the family residing in the family's dwelling unit
during the period beginning on the date of the first
redetermination of the rent for and family composition of the
family that occurs after the child reaches 18 years of age
and ending upon the date of the first such redetermination
occurring after he or she reaches 21 years of age, except
that, effective during and after the first fiscal year that
commences after the expiration of the 4-year period beginning
on the date of the enactment of this Act, amounts earned by a
child may not be excluded under this subparagraph unless (i)
the child is enrolled in and attending high school (or a
recognized equivalency program), or has received a high
school diploma (or the recognized equivalent thereof), or
(ii) the public housing agency has determined that requiring
the child to comply with clause (i) would significantly
interfere with the sole source of financial support of the
family or would otherwise create a significant hardship for
the family of the child; and
``(I) in the case of 2-parent families with children (as
defined by the Secretary by regulation) who reside in public
housing, an amount (in addition to any amounts excluded under
subparagraphs (E) and (H)) not to exceed 10 percent of any
earned income of the family.''.
(c) Exclusion of Earned Income of Residents Who Obtain
Employment From Rent Determinations.--
(1) In general.--Section 3(a) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(a)) is amended--
(A) in the third sentence of paragraph (1), by striking
``paragraph (2)'' and inserting ``paragraphs (2) and (3)'';
and
(B) by adding at the end the following new paragraph:
``(3) Optional Exclusion of Earned Income From Rent
Determination for Families Previously Unemployed.--
Notwithstanding any other provision of law, a public housing
agency may provide (at the option of a public housing agency)
that, for all units in public housing administered by the
agency, the rent payable under subsection (b) for any such
unit occupied by a family whose income increases as a result
of employment of a member of the family who was previously
unemployed for 1 or more years, may not--
``(A) be increased as a result of the increased income due
to such employment during the period that begins upon the
commencement of such employment and ends upon the second
annual redetermination of the rent for and family composition
of the family occurring thereafter;
``(B) during any 12-month period occurring during the 36
months succeeding the expiration of the period under
subparagraph (A) for the family, be increased due to the
continued employment of such family member by more than one-
third of the difference between (i) the rent being paid by
the family upon expiration of such period, and (ii) the
amount of rent that the family would pay but for the
applicability of this paragraph; and
``(C) in any case, exceed the amount determined under
paragraph (1) or (2).''.
(d) Exclusion From Income of Earnings From Job Training and
Self-Sufficiency Programs.--Section 3 of the United States
Housing Act of 1937 (42 U.S.C. 1437a) is amended--
(1) in subsection (b)(4), by inserting before the period at
the end the following: ``, and except that the earnings of
and benefits to any public housing resident resulting from
enrollment and participation in a program providing
employment training and supportive services in accordance
with the Family Support Act of 1988, section 22 of this Act,
the Job Training Partnership Act, Subtitle D of title IV of
the Cranston-Gonzalez National Affordable Housing Act, part F
of title IV of the Social Security Act, or any comparable
Federal, State, or local law shall not be considered as
income for the purposes of determining a limitation on the
amount of rent paid by the resident during the period that
the resident enrolls and participates in such program''; and
(2) by striking the undesignated paragraph at the end of
subsection (c)(3) (as added by section 515(b) of the
Cranston-Gonzalez National Affordable Housing Act).
(e) Applicability.--Notwithstanding the amendments made by
this section, any resident of public housing participating in
the program under the authority contained in the undesignated
paragraph at the end of section 3(c)(3) of the United States
Housing Act of 1937 (as added by section 515(b) of the
Cranston-Gonzalez National Affordable Housing Act (Public Law
101-625; 104 Stat. 4199)), as such paragraph existed before
the date of enactment of this Act, shall continue to be
governed by such authority.
(f) Performance Funding System.--Section 9(a)(3)(B) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(a)(3)(B))
is amended--
(1) in clause (iv), by striking ``and'' at the end;
(2) in (v), by striking the period at the end and inserting
a semicolon; and
(3) by adding at the end the following new clause:
``(vi) the amount of any reduced revenue resulting from the
exclusion of income of public housing residents pursuant to
section 3(b)(5)(E) shall be calculated and included in the
amount of the payment received under this section by the
public housing agency administering the public housing in
which such residents reside;''.
(g) Effective Date.--The amendments under this section
shall take effect on the earlier of--
(1) date of the effectiveness of the regulations under
subsection (i); or
(2) the expiration of the 120-day period beginning on the
date of the enactment of this Act.
(h) Regulations.--The Secretary shall issue any final
regulations necessary to implement the amendments made by
this section, which shall take effect not later than the
expiration of the 120-day period beginning on the date of the
enactment of this Act. The regulations shall be issued after
notice and opportunity for public comment in accordance with
the procedures under section 553 of title 5, United States
Code, applicable to substantive rules (notwithstanding
subsections (a)(2), (b)(B), and (d)(3) of such section).
SEC. 112. SALE OF PUBLIC HOUSING TO NON-PROFIT
INTERMEDIARIES.
The first sentence of section 5(h) of the United States
Housing Act of 1937 (42 U.S.C. 1437c(h)) is amended by
striking ``its lower income tenants'' and inserting: ``low-
income families residing in public housing or to non-profit
organizations for resale to low-income families residing in
public housing''.
SEC. 113. MAJOR RECONSTRUCTION OF OBSOLETE PROJECTS.
(a) Assistance for Reconstruction.--Section 5(j)(2) of the
United States Housing Act of 1937 (42 U.S.C. 1437c(j)(2)) is
amended--
[[Page 1282]]
(1) in subparagraph (A), by striking ``Notwithstanding''
and all that follows through ``fiscal year'' and inserting
the following: ``The Secretary may provide assistance under
this paragraph'';
(2) in subparagraph (C), by striking ``reserved'' and
inserting ``made available for assistance'';
(3) in subparagraph (F)(i), by striking ``reserved or'';
and
(4) in subparagraph (G)(i), by striking ``reserved under
subparagraph (A)'' and inserting ``made available for use
under this paragraph''.
(b) Set-Aside for Disabled Families.--Section 5(j)(2)(G)(i)
of the United States Housing Act of 1937 (42 U.S.C.
1437c(j)(2)(G)(i)) is amended by striking ``fiscal years 1993
and 1994'' and inserting ``fiscal years 1995 and 1996''.
SEC. 114. NEW CONSTRUCTION OF PROJECTS FOR DISABLED FAMILIES.
Section 5(j)(3)(A) of the United States Housing Act of 1937
(42 U.S.C. 1437c(j)(3)(A)) is amended by striking ``fiscal
years 1993 and 1994'' and inserting ``fiscal years 1995 and
1996''.
SEC. 115. RECAPTURE OF PUBLIC HOUSING DEVELOPMENT AMOUNTS.
Section 5(k) of the United States Housing Act of 1937 (42
U.S.C. 1437c(k)) is amended by adding before the period at
the end of the first sentence the following: ``, unless the
Secretary finds that there is no feasible way for the agency
to begin construction or rehabilitation, or to complete
acquisition, within such period''.
SEC. 116. REPEAL OF LEAST-COST LIMITATION ON PUBLIC HOUSING
NEW CONSTRUCTION.
Section 6 of the United States Housing Act of 1937 (42
U.S.C. 1437d) is amended by striking subsection (h).
SEC. 117. REGULATORY RELIEF AND PAPERWORK REDUCTION FOR HIGH-
PERFORMING PUBLIC HOUSING AGENCIES.
(a) Waiver of Rules and Reports.--Section 6(j) of the
United States Housing Act of 1937 (42 U.S.C. 1437d(j)) is
amended by adding at the end the following new paragraph:
``(5)(A) Except as provided in subparagraph (B), the
Secretary may, for public housing agencies designated
pursuant to this subsection as high performing public housing
agencies with respect to a fiscal year, waive (by regulation
issued under subparagraph (C)) the applicability for the
ensuing fiscal year of regulatory requirements otherwise
applicable to public housing agencies to the extent
appropriate, as determined by the Secretary, to facilitate
more efficient operation of such agencies.
``(B) The Secretary may not waive the applicability of any
provision--
``(i) limiting occupancy of public housing to low-income
families;
``(ii) under section 18 requiring replacement of units in
the case of demolition or disposition;
``(iii) under the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970;
``(iv) that prohibits, or the purpose of which is to
protect persons against, discrimination on the basis of race,
color, religion, sex, marital status, national origin, age,
or handicap, or that relates to fair housing or equal
opportunity; or
``(v) under chapter 75 of title 31, United States Code.
``(C) During fiscal year 1995, the Secretary shall publish
in the Federal Register a proposed rule providing for the
waiver of the regulations to be waived pursuant to this
paragraph and identifying such regulations. The Secretary
shall publish such proposed rule at a time determined by the
Secretary to be sufficient to provide notice and an
opportunity for public comment before issuance of a final
rule under this paragraph. Such final rule shall be issued
not later than August 31, 1995.''.
(b) Retention by PHA's of Savings From Efficient
Management.--Section 6(e) of the United States Housing Act of
1937 (42 U.S.C. 1437d(e)) is amended to read as follows:
``(e) Treatment of Savings.--
``(1) In general.--Any income generated by a high-
performing public housing agency that exceeds the income
estimated by the agency to be generated, according to the
agency's annual operating budget, shall be excluded in
subsequent years in calculating the amount of the operating
subsidy provided under section 9 to the high-performing
public housing agency. Such savings shall be retained by the
agency for other housing purposes.
``(2) High-performing public housing agency.--For purposes
of paragraph (1), the term `high-performing public housing
agency' means, with respect to a year, a public housing
agency that has been designated pursuant to subsection (j) as
a high performing public housing agency for the last fiscal
year ending before the commencement of such year.''.
SEC. 118. STANDARDS FOR LEASE TERMINATION AND EXPEDITED
GRIEVANCE PROCEDURE.
Section 6 of the United States Housing Act of 1937 (42
U.S.C. 1437d) is amended--
(1) in subsection (k), in the first sentence of the matter
following paragraph (6), by striking ``criminal'' the first
place it appears; and
(2) in subsection (l)(5), by striking ``criminal'' the
first place it appears.
SEC. 119. AVAILABILITY OF CRIMINAL CONVICTION INFORMATION FOR
SCREENING AND EVICTIONS.
Section 6 of the United States Housing Act of 1937 (42
U.S.C. 1437d) is amended by adding at the end the following
new subsection:
``(q) Availability of Criminal Records.--
``(1) Availability.--Notwithstanding any other provision of
Federal, State, or local law, upon the request of any public
housing agency, the National Crime Information Center, police
departments, and any other law enforcement entities shall
provide information to the agency regarding the criminal
convictions of applicants for, or residents of, public
housing for the purpose of applicant screening, lease
enforcement, and eviction. A public housing agency may pay a
reasonable fee for such information.
``(2) Content.--The information provided under paragraph
(1) shall include information regarding convictions for any
felony and convictions for certain misdemeanors, including
crimes of violence, destruction of property, use, sale, or
distribution of controlled substances, illegal possession or
use of firearms, and hate crimes. Such information may not
include information regarding any criminal conviction of such
an applicant or resident for any act (or failure to act)
occurring before the applicant or resident reached 18 years
of age or information regarding any criminal conviction of
such an applicant or resident occurring more than 10 years
before the request under this subsection is made by the
public housing agency.
``(3) Use.--A public housing agency receiving information
under this subsection may use such information only for the
purposes provided in this subsection and such information may
not be disclosed to any person who is not an officer or
employee of the public housing agency. The Secretary shall,
by regulation, establish procedures necessary to ensure that
information provided to a public housing agency under this
subsection is used, and confidentiality of such information
is maintained, as required under this subsection.
``(4) Penalty.--Any person who knowingly and willfully
requests or obtains any information concerning an applicant
for, or resident of, public housing pursuant to the authority
under this subsection under false pretenses, or any person
who knowingly and willfully discloses any such information in
any manner to any individual not entitled under any law to
receive it, shall be guilty of a misdemeanor and fined not
more than $5,000. The term `person' as used in this paragraph
shall include an officer or employee of any public housing
agency.
``(5) Civil action.-- Any applicant for, or resident of,
public housing affected by (A) a negligent or knowing
disclosure of information referred to in this section about
such person by an officer or employee of any public housing
agency, which disclosure is not authorized by this
subsection, or (B) any other negligent or knowing action that
is inconsistent with this subsection, may bring a civil
action for damages and such other relief as may be
appropriate against any officer or employee of any public
housing agency responsible for such unauthorized action. The
district court of the United States in the district in which
the affected applicant or resident resides, in which such
unauthorized action occurred, or in which the officer or
employee alleged to be responsible for any such unauthorized
action resides, shall have jurisdiction in such matters.
Appropriate relief that may be ordered by such district
courts shall include reasonable attorney's fees and other
litigation costs.''.
SEC. 120. DESIGNATED HOUSING.
(a) Applications.--Section 7(e)(1) of the United States
Housing Act of 1937 (42 U.S.C. 1437e(e)(1)) is amended--
(1) in the first sentence, by striking ``and the Secretary
approves an application under this subsection for such
designation''; and
(2) in the second sentence, by inserting before the period
at the end the following: ``, which shall provide that an
application for a project (or portion of a project) shall be
submitted and considered for approval in conjunction with
submission and approval of the allocation plan for the
project (or portion) under section 7(f)''.
(b) Limitation on Occupancy in Public Housing Designated
for Elderly Families.--
(1) In general.--Section 7(a) of the United States Housing
Act of 1937 (42 U.S.C. 1437e(a)) is amended--
(A) in paragraph (1), by striking ``Notwithstanding any
other provision of law'' and inserting ``Subject only to the
provisions of this subsection'';
(B) in paragraph (4), by inserting ``, except as provided
in paragraph (5)'' before the period at the end; and
(C) by adding at the end the following new paragraph:
``(5) Limitation on occupancy in projects for elderly
families.--
``(A) Occupancy limitation.--Notwithstanding any other
provision of law, a dwelling unit in a project (or portion of
a project) that is designated under paragraph (1) for
occupancy by only elderly families or by only elderly and
disabled families shall not be occupied by--
``(i) any person with disabilities who is not an elderly
person and whose history of use of alcohol or drugs
constitutes a disability; or
``(ii) any person who is not an elderly person and whose
history of use of alcohol or drugs provides reasonable cause
for the agency to believe that the occupancy by such person
may interfere with the health, safety, or right to peaceful
enjoyment of the premises by other tenants.
``(B) Required statement.--A public housing agency may not
make a dwelling unit in
[[Page 1283]]
such a project available for occupancy to any person or
family who is not an elderly family, unless the agency
acquires from the person or family a signed statement that no
person who will be occupying the unit--
``(i) uses (or has a history of use of) alcohol, or
``(ii) uses (or has a history of use of) drugs,
that would interfere with the health, safety, or right to
peaceful enjoyment of the premises by other tenants.''.
(2) Lease provisions.--Section 6(l) of the United States
Housing Act of 1937 (42 U.S.C. 1437d(l)) is amended--
(A) in paragraph (5), by striking ``and'' at the end;
(B) by redesignating paragraph (6) as paragraph (7); and
(C) by inserting after paragraph (5) the following new
paragraph:
``(6) provide that any occupancy in violation of the
provisions of section 7(a)(5)(A) or the furnishing of any
false or misleading information pursuant to section
7(a)(5)(B) shall be cause for termination of tenancy; and''.
(c) Eviction of Nonelderly Tenants Having Drug or Alcohol
Use Problems From Public Housing Designated for Elderly
Families.--Section 7(c) of the United States Housing Act of
1937 is amended to read as follows:
``(c) Standards Regarding Evictions.--
``(1) Limitation.--Except as provided in paragraph (2), any
tenant who is lawfully residing in a dwelling unit in a
public housing project may not be evicted or otherwise
required to vacate such unit because of the designation of
the project (or a portion of the project) pursuant to this
section or because of any action taken by the Secretary of
Housing and Urban Development or any public housing agency
pursuant to this section.
``(2) Requirement to evict nonelderly tenants having drug
or alcohol use problems in housing designated for elderly
families.--The public housing agency administering a project
(or portion of a project) described in subsection (a)(5)(A)
shall evict any person whose occupancy in the project (or
portion of the project) violates subsection (a)(5)(A).
``(3) Requirement to evict nonelderly tenants for 3
instances of prohibited activity involving drugs or
alcohol.--With respect to a project (or portion of a project)
described in subsection (a)(5)(A), the public housing agency
administering the project shall evict any person who is not
an elderly person and who, during occupancy in the project
(or portion thereof), engages on 3 separate occasions
(occurring after the date of the enactment of the Housing and
Community Development Act of 1994) in any activity that
threatens the health, safety, or right to peaceful enjoyment
of the premises by other tenants and involves the use of
alcohol or drugs.
``(4) Rule of construction.--The provisions of paragraphs
(2) and (3) requiring eviction of a person may not be
construed to require a public housing agency to evict any
other persons who occupy the same dwelling unit as the person
required to be evicted.''.
SEC. 121. PUBLIC HOUSING OPERATING SUBSIDIES.
(a) Authorization of Appropriations.--Section 9(c) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(c)) is
amended--
(1) in paragraph (1), by striking ``There'' and all that
follows and inserting the following new sentence: ``There are
authorized to be appropriated for purposes of providing
annual contributions under this section $3,146,000,000 for
fiscal year 1995 and $3,208,000,000 for fiscal year 1996.'';
(2) in paragraph (2), by striking ``1993 and 1994'' and
inserting ``1995 and 1996''; and
(3) in paragraph (3), by striking ``1993 and 1994'' and
inserting ``1995 and 1996''.
(b) Eligibility of Severely Distressed Public Housing.--
Section 9(a)(2) of the United States Housing Act of 1937 is
amended--
(1) by striking ``one'' and inserting ``that is (A)''; and
(2) by inserting after ``section 8,'' the following: ``or
(B) assisted under section 24 or the program authorized under
(i) the third paragraph of the head, homeownership and
opportunity for people everywhere grants (hope grants), of
title II of the Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies
Appropriations Act, 1993, or (ii) the head, severely
distressed public housing projects, of title II of the
Department of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act,
1994;''.
(c) Included Costs.--Section 9(a)(3)(B) of the United
States Housing Act of 1937 (42 U.S.C. 1437g(a)(3)(B)), as
amended by the preceding provisions of this Act, is further
amended by adding at the end the following new clauses:
``(vii) effective for fiscal year 1996 and thereafter, the
amount of the payment received under this section by public
housing agencies shall be calculated to include--
``(I) benefits (including health care and pensions,
annuities, and other retirement benefits) of employees of the
agency;
``(II) the amount of any reduced revenue resulting from the
amendments made by subsections (b) and (c) of section 573 of
the Cranston-Gonzalez National Affordable Housing Act;
``(III) maintenance deferred;
``(IV) utility costs attributable to air conditioning; and
``(V) any increased costs of security for the public
housing, attributable to increases in the number of incidents
of vandalism and crime in the housing; and
``(viii) effective for fiscal year 1996 and thereafter, the
amount of the payment received under this section by a public
housing agency for a fiscal year shall be determined taking
into consideration the actual expenses for the agency for the
preceding fiscal year.''.
SEC. 122. ELIGIBLE USES OF EMERGENCY MODERNIZATION FUNDS.
Section 14(k)(1) of the United States Housing Act of 1937
(42 U.S.C. 1437l(k)(1)) is amended--
(1) in the first sentence, by striking ``$75,000,000'' and
inserting ``$50,000,000''; and
(2) by adding at the end the following new sentence: ``The
Secretary shall make any amounts reserved under this
paragraph for any fiscal year that remain unobligated on
September 1 of such fiscal year available for modernization
needs in connection with the settlement of litigation and
desegregation of public housing. Of the amounts reserved each
year under this paragraph, the Secretary shall make available
to the Inspector General of the Department of Housing and
Urban Development not more than $5,000,000 for cost in
connection with efforts to combat violent crime in public
housing. Using amounts made available pursuant to the
preceding sentence during fiscal years 1995 and 1996, the
Secretary shall provide amounts in each such fiscal year for
the continuation of the drug elimination activities under
Project Nos. IA05PO98003004 and IA05DEP0980193.''.
SEC. 123. USE OF MODERNIZATION FUNDS FOR REPLACEMENT HOUSING.
(a) In General.--Section 14 of the United States Housing
Act of 1937 (42 U.S.C. 1437l) is amended by adding at the end
the following new subsection:
``(q) Use of Amounts for Replacement Housing.--
``(1) Authority.--A public housing agency may use
assistance under this section to provide replacement housing
as required by section 18 by developing additional housing
under this Act, in accordance with requirements applicable to
the development of public housing, but only if the cost of
providing such housing (not including costs of demolition) is
more cost effective than the cost of modernization of the
housing proposed to be replaced.
``(2) Limitation on amount.--In any fiscal year, a public
housing agency may not use more than 50 percent of any
assistance provided to the agency under this section for the
fiscal year for providing replacement housing pursuant to
this section.
``(3) Requirements.--A public housing agency may use
assistance under this section as provided in subsection (a)
only if the replacement of units is included in the
replacement plan of the agency.''.
(b) Available Replacement Housing.--Section 14(c)(1) of the
United States Housing Act of 1937 is amended by inserting
before the semicolon the following: ``or, only in the case of
assistance used as provided under subsection (q), housing or
units in housing owned (or leased for a period to be
determined by the Secretary) by a partnership of a public
housing agency and other entity in which the agency has a
controlling interest''.
SEC. 124. AUTHORITY FOR PUBLIC HOUSING AGENCIES TO LEVERAGE
AMOUNTS FOR REPLACEMENT AND MODERNIZATION.
Section 14 of the United States Housing Act of 1937 (42
U.S.C. 1437l) is amended by adding after subsection (q), as
added by the preceding provisions of this Act, the following
new subsection:
``(r) Authority for Public Housing Agencies to Leverage
Amounts for Replacement and Modernization.--
``(1) General authorization.--The Secretary may, upon such
terms and conditions as the Secretary may prescribe,
authorize a public housing agency (or a partnership including
a public housing agency) to use grants provided under
subsection (b) to leverage amounts which shall be used for
financing housing to replace existing public housing dwelling
units or for modernization of public housing, but only if the
agency submits to the Secretary a plan for such leveraging
that is approved by the Secretary.
``(2) Requirements.--The Secretary may approve a plan for
leveraging under paragraph (1) only if the Secretary
determines that--
``(A) the public housing agency has the ability to use the
leveraged amounts effectively, directly or through contract
management;
``(B) of any land owned by the public housing agency upon
the approval of the plan that is subject to the plan, and any
land to be acquired by the agency under the plan, a portion
equivalent in area to the portion used under the plan for
providing housing to replace public housing dwelling units in
accordance with section 18 is subject to binding covenants or
commitments sufficient to ensure that the land will be used
permanently for housing reserved for occupancy by low- and
very low-income families;
``(C) any modernization to be carried out under the plan
complies with the modernization plan submitted under this
section by the public housing agency and any replacement of
public housing dwelling units to be carried out under the
plan complies with the requirements of section 18;
``(D) the plan provides permanent financing commitments
from a sufficient number of additional sources, which may
include banks and other conventional lenders, State
[[Page 1284]]
housing finance agencies, secondary market entities, and
other financial institutions;
``(E) the public housing agency submitting the plan has an
acceptable rate of obligation of assistance provided under
this section; and
``(F) the plan complies with any other criteria that the
Secretary may establish.
``(3) Obligation limits.--
``(A) Per pha.--The aggregate outstanding principal amount
leveraged under this subsection by a public housing agency
may not at any time exceed 5 times the amount of the most
recent grant for a fiscal year provided under this section
for comprehensive modernization.
``(B) For all phas.--The aggregate outstanding principal
amount leveraged under this subsection by all public housing
agencies may not, in any single fiscal year, exceed
$2,000,000,000.
``(4) Use of comprehensive modernization grants and
operating revenues.--Notwithstanding any other provision of
this title, a public housing agency for which a plan is
approved under this subsection may use amounts provided under
this section to the agency for comprehensive modernization
and amounts provided under section 9 to the agency for
operating subsidies (including program income derived
therefrom) for the payment of principal, interest, and fees
due on any loans obtained pursuant to the plan.
``(5) Reports.--The Secretary shall submit a report to the
Congress annually regarding the activities under plans for
leveraging approved under this subsection and the status of
loans, financing, and investments obtained under such
plans.''.
SEC. 125. DEMOLITION AND DISPOSITION OF PUBLIC HOUSING.
Section 18 of the United States Housing Act of 1937 (42
U.S.C. 1437p) is amended to read as follows:
``demolition and disposition of public housing
``Sec. 18. (a) Condition of Housing.--The Secretary may
approve an application by a public housing agency for
permission to demolish or dispose of a public housing project
or a portion of a public housing project only if the
Secretary has determined that--
``(1) in the case of--
``(A) an application proposing demolition of a public
housing project or a portion of a public housing project, the
project or portion of the project is obsolete as to physical
condition, location, or other factors, and it is more cost
effective to replace the project or portion of the project
than to rehabilitate the project or portion of the project;
or
``(B) an application proposing the demolition of only a
portion of a project, the demolition will help to assure the
remaining useful life of the remaining portion of the
project;
``(2) in the case of an application proposing disposition
of real property of a public housing agency by sale or other
transfer--
``(A)(i) the property's retention is not in the best
interests of the tenants or the public housing agency because
(I) developmental changes in the area surrounding the project
adversely affect the health or safety of the tenants or the
feasible operation of the project by the public housing
agency, (II) disposition will allow the acquisition,
development, or rehabilitation of other properties which will
be more efficiently or effectively operated as low-income
housing and which will preserve the total amount of low-
income housing stock available in the community or housing
sufficient to address the needs of the community as described
in the comprehensive housing affordability strategy under
section 105 of the Cranston-Gonzalez National Affordable
Housing Act, or (III) because of other factors which the
Secretary determines are consistent with the best interests
of the tenants and public housing agency and which are not
inconsistent with other provisions of this Act; and
``(ii) for property other than dwelling units, the property
is excess to the needs of a project or the disposition is
incidental to, or does not interfere with, continued
operation of a project; and
``(B) the net proceeds of the disposition will be used for
(i) the payment of development costs for the replacement
housing and for the retirement of outstanding obligations
issued to finance original development or modernization of
the project, which, in the case of scattered-site housing of
a public housing agency, shall be in an amount that bears the
same ratio to the total of such costs and obligations as the
number of units disposed of bears to the total number of
units of the project at the time of disposition, and (ii) to
the extent that any proceeds remain after the application of
proceeds in accordance with clause (i), the provision of
housing assistance for low-income families through such
measures as modernization of low-income housing, or the
acquisition, development, or rehabilitation of other
properties to operate as low-income housing; or
``(3) in the case of an application proposing demolition or
disposition of any portion of a public housing project,
assisted at any time under section 5(j)(2)--
``(A) such assistance has not been provided for the portion
of the project to be demolished or disposed within the 10-
year period ending upon submission of the application; or
``(B) the property's retention is not in the best interest
of the tenants or the public housing agency because of
changes in the area surrounding the project or other
circumstances of the project, as determined by the Secretary.
``(b) Tenant Involvement and Replacement Housing.--The
Secretary may approve an application or furnish assistance
under this section or under this Act only if the following
requirements are met:
``(1) Tenant consultation and employment.--The application
from the public housing agency--
``(A) has been developed in consultation with tenants and
tenant councils, if any, who will be affected by the
demolition or disposition;
``(B) includes a plan to employ public housing tenants in
construction or rehabilitation to the extent practicable,
pursuant to section 3 of the Housing and Urban Development
Act of 1968; and
``(C) contains a certification by appropriate local
government officials that the proposed activity is consistent
with the applicable comprehensive housing affordability
strategy under section 105 of the Cranston-Gonzalez National
Affordable Housing Act.
``(2) Relocation assistance.--All tenants to be relocated
as a result of the demolition or disposition will be provided
assistance by the public housing agency and are relocated to
other decent, safe, sanitary, and affordable housing, which
is, to the maximum extent practicable, housing of their
choice, including housing assisted under section 8 of this
Act.
``(3) Replacement housing.--The public housing agency has
developed a plan that provides for additional decent, safe,
sanitary, and affordable dwelling unit for each public
housing dwelling unit to be demolished or disposed under such
application or provides additional dwelling units sufficient
to address the needs and demographic characteristics of the
number of applicants on the waiting list of the agency equal
to the number of units to be demolished or disposed of or the
needs of the community as described in the comprehensive
housing affordability strategy under section 105 of the
Cranston-Gonzalez National Affordable Housing Act, which
plan--
``(A) provides for the provision of such additional
dwelling units through--
``(i) the acquisition or development of additional public
housing dwelling units, which may be units in housing owned
(or leased for a period to be determined by the Secretary) by
a partnership of a public housing agency and other entity in
which the agency has a controlling interest;
``(ii) the use of 15-year project-based assistance under
section 8;
``(iii) in the case of an application proposing demolition
or disposition of 200 or more units, the use of tenant-based
assistance under section 8 having a term of not less than 5
years;
``(iv) units acquired or otherwise provided for
homeownership (including cooperative and condominium
interests) by public housing residents under section 5(h),
subtitle B or C of title IV of the Cranston-Gonzalez National
Affordable Housing Act, or other programs for homeownership
that have program requirements substantially equivalent to
the requirements established under section 605 of the Housing
and Community Development Act of 1987;
``(v) affordable housing homeownership units assisted under
title II of the Cranston-Gonzalez National Affordable Housing
Act and sold to public housing residents;
``(vi) rental units that are (I) assisted under title II of
the Cranston-Gonzalez National Affordable Housing Act
(notwithstanding section 212(d)(2) of such Act), or (II)
assisted under a State or local rental assistance program
that provides for rental assistance over a term of not less
than 15 years that is comparable in terms of eligibility and
contribution to rent to assistance under section 8, except
that this subclause shall only apply in cases provided under
subparagraph (C);
``(vii) housing assisted by a tax credit under section 42
of the Internal Revenue Code;
``(viii) housing acquired from the Resolution Trust
Corporation or the Federal Deposit Insurance Corporation;
``(ix) housing acquired under section 203 of the Housing
and Community Development Amendments of 1978;
``(x) other manners approved by the Secretary; or
``(xi) any combination of such methods;
``(B) in the case of an application proposing demolition or
disposition of 200 or more units, shall provide that--
``(i) not less than 50 percent of such additional dwelling
units shall be provided through the acquisition or
development of additional dwelling units or through project-
based assistance; and
``(ii) not more than 50 percent of such additional dwelling
units shall be provided through tenant-based assistance under
section 8 having a term of not less than 5 years;
``(C) if it provides for the use of tenant-based assistance
provided under section 8 or otherwise, may be approved--
``(i) only after a finding by the Secretary that
replacement with project-based assistance is not feasible,
and the supply of private rental housing actually available
to those who would receive such assistance under the plan is
sufficient for the total number of families in the community
assisted with tenant-based assistance after implementation of
the plan and that such supply is likely to remain available
for the full term of the assistance; and
``(ii) only if such finding is based on objective
information, which shall include rates of participation by
landlords in the section 8 program, size, conditions and rent
levels of available rental housing as compared to sec-
[[Page 1285]]
tion 8 standards, the supply of vacant existing housing
meeting the section 8 housing quality standards with rents at
or below the fair market rental, the number of eligible
families waiting for public housing or housing assistance
under section 8, and the extent of discrimination against the
types of individuals or families to be served by the
assistance;
``(D) may provide that all or part of such additional
dwelling units may be located outside the jurisdiction of the
public housing agency (in this subparagraph referred to as
the `original agency') if--
``(i) the location is in the same housing market area as
the original agency, as determined by the Secretary; and
``(ii) the plan contains an agreement between the original
agency and the public housing agency in the alternate
location or other public or private entity that will be
responsible for providing the additional units in the
alternate location that such alternate agency or entity will,
with respect to the dwelling units involved--
``(I) provide the dwelling units in accordance with
subparagraph (A);
``(II) complete the plan on schedule in accordance with
subparagraph (F);
``(III) meet the requirements of subparagraph (G) of this
paragraph and the maximum rent provisions of subparagraph
(H);
``(IV) not impose a local residency preference on any
resident of the jurisdiction of the original agency for
purposes of admission to any such units; and
``(V) allow that preference for admission to any such
additional units may be provided to residents of the severely
distressed public housing dwelling units replaced under this
subparagraph pursuant to section 24;
``(E) includes a schedule for completing the plan within a
period consistent with the size of the proposed demolition or
disposition and replacement plan, which--
``(i) shall not exceed 6 years, except that the Secretary
may extend the schedule to not more than 10 years if the
Secretary determines that good cause exists to extend the
implementation of the replacement plan under this subsection;
and
``(ii) the demolition or disposition under the plan can
occur in phases necessary to provide for relocation of
tenants under paragraph (2);
``(F) includes a method of ensuring that the same number of
individuals and families will be provided housing;
``(G) provides for the payment of the relocation expenses
of each tenant to be displaced and ensures that the rent paid
by the tenant following relocation will not exceed the amount
permitted under this Act;
``(H) prevents the taking of any action to demolish or
dispose of any unit until the tenant of the unit is relocated
to decent, safe, sanitary, and affordable housing; and
``(I) permits the Secretary to intervene and take any
actions necessary to complete the plan if the public housing
agency fails, without good cause, to carry out its
obligations under the plan.
``(c) Limitation on Demolition and Exemption.--
``(1) Maximum percentage.--Notwithstanding any other
provision of this section, in any 5-year period a public
housing agency may demolish not more than the lesser of 5
dwelling units or 5 percent of the total dwelling units owned
and operated by the public housing agency, without providing
an additional dwelling unit for each such public housing
dwelling unit to be demolished, but only if the space
occupied by the demolished unit is used for meeting the
service or other needs of public housing residents.
``(2) Site and neighborhood standards exemption.--
Notwithstanding any other provision of law, a replacement
plan under subsection (b)(3) may provide for demolition of
public housing units and replacement of such units on site or
in the same neighborhood if the number of replacement units
provided in the same neighborhood is fewer than the number of
units demolished and the balance of replacement units are
provided elsewhere in the jurisdiction or pursuant to
subsection (b)(3)(D).
``(d) Treatment of Replacement Units.--With respect to any
dwelling units developed, acquired, or leased by a public
housing agency pursuant to a replacement plan under
subsection (b)(3)--
``(1) assistance may be provided under section 9 for such
units; and
``(2) such units shall be available for occupancy, operated
and managed in the manner required for public housing, and
shall be subject to the other requirements applicable to
public housing dwelling units.
``(e) Approval of Applications.--
``(1) In general.--The Secretary shall notify a public
housing agency submitting an application under this section
for demolition or disposition and replacement of a public
housing project or portion of a project of the approval or
disapproval of the application not later than 60 days after
receiving the application. If the Secretary does not notify
the public housing agency as required under this paragraph or
paragraph (2), the application shall be considered to have
been approved.
``(2) Disapproval and resubmission.--If the Secretary
disapproves an application, the Secretary shall specify in
the notice of disapproval the reasons for the disapproval and
the agency may resubmit the application as amended or
modified.
``(3) Annual report.--The Secretary shall submit a report
to the Congress annually describing for the year the
applications under this section approved and disapproved, the
number, general condition, and location of units demolished
or disposed of, and the number, general condition, location
and method of provision of units of replacement housing
provided pursuant to this section.
``(f) Action Before Approval of Application.--
``(1) Prohibited action.--A public housing agency shall not
take any action to demolish or dispose of a public housing
project or a portion of a public housing project without
obtaining the approval of the Secretary and satisfying the
conditions specified in subsections (a) and (b).
``(2) Allowable relocation.--A public housing agency may
relocate tenants of public housing into other dwelling units
before the approval of an application under this section for
demolition or disposition or prior to implementing a plan for
modernization under section 14 or 24, if units to be
demolished or disposed of are not decent, safe, and sanitary,
or if the units to be rehabilitated can not be maintained
cost-effectively in a decent, safe, and sanitary condition.
``(g) Assistance for Replacement Housing.--The Secretary
may provide assistance under this subsection for--
``(1) providing replacement public housing units pursuant
to subsection (b)(3)(A) for units demolished or disposed of
pursuant to this section; and
``(2) providing assistance under section 8 for replacement
housing pursuant to subsection (b)(3)(A) for units demolished
or disposed of pursuant to this section.
``(h) Inapplicability to Public Housing Homeownership
Program.--The provisions of this section shall not apply to
the disposition of a public housing project in accordance
with an approved homeownership program under title III of
this Act.
``(i) Exception to Replacement Rule.--
``(1) Requirements for waiver.--The Secretary shall waive
the applicability of the provisions of subsection (b)(3) with
respect to any application under this section by a public
housing agency for the demolition or disposition of public
housing dwelling units if--
``(A) the Secretary determines, based on information
provided by the public housing agency in the application and
the request under paragraph (2), that--
``(i) the requirements under subsection (b)(3) are
preventing or interfering with the development or acquisition
of new public housing dwelling units by the agency;
``(ii) the long-term goal of the agency in requesting the
waiver under this subsection is to increase the number of
habitable public housing dwelling units of the agency;
``(iii) maintaining and operating the dwelling units to be
demolished or disposed of is not cost effective; and
``(iv) sufficient financial assistance is not, and will not
be, available to the public housing agency to rehabilitate or
replace all or some of the units;
``(B) the Secretary determines that replacing the dwelling
units to be demolished or disposed under the application is
unnecessary because other affordable housing is available in
the area in which the units are located, and in making such
determination the Secretary shall consider the assessment
submitted by the public housing agency under paragraph
(2)(C); and
``(C) the public housing agency requests a waiver under
this subsection in accordance with the requirements under
paragraph (2).
``(2) Request for waiver.--To be eligible for a waiver
under this subsection, a public housing agency shall submit
to the Secretary a request for a waiver under this subsection
that includes--
``(A) a comprehensive plan for demolition, disposition, and
replacement that describes additional dwelling units to be
made available by the public housing agency;
``(B) an identification of the dwelling units for which the
waiver is requested; and
``(C) an assessment of the need of replacing such dwelling
units including the unit size, age, general condition, and
length of time such units have been vacant, the condition of
the neighborhood in which the dwelling units are located, and
the availability of dwelling units affordable to low-income
families within the jurisdiction in which the dwelling units
are located, during the implementation of the replacement
plan.
``(3) Submission to secretary.--A request for a waiver
under this subsection may be submitted at any time. The
request shall be submitted to the Secretary by certified mail
or any other equivalent means that provides notification to
the public housing agency making the request of the date of
receipt by the Secretary.
``(4) Notice of disposition of request.--Except as provided
in paragraph (5), the Secretary shall notify a public housing
agency requesting a waiver under this section of the approval
or disapproval of the request not later than 45 days after
receiving the request. If the Secretary does not notify the
public housing agency as required under this paragraph or
paragraph (5), the request for a waiver shall be considered
to have been approved.
``(5) Request for additional information.--If the Secretary
determines that more information is needed to make the
determinations under paragraph (1) than has been provided by
the public housing agency, the Secretary shall notify the
agency in writing not later 30 days after receiving the
request for the waiver that additional information is
necessary. Such notice shall describe specifically the
additional information required for the determinations and
establish a deadline for the submission of the information by
the agency, which shall be determined based on the difficulty
of obtaining the information
[[Page 1286]]
requested. If the agency submits such additional information
requested before the deadline established in the notice under
this paragraph, the Secretary shall notify the agency
requesting the waiver that the request is approved or
disapproved not later than 30 days after the submission of
such additional information.
``(6) Statement of reasons for denying or approving
request.--The Secretary shall include, in each notice under
paragraph (4) or (5) of the denial or approval of a request
for a waiver under this subsection, the specific reasons for
denying or approving the request. The denial of any request
for a waiver for public housing dwelling units shall not
prejudice the consideration of any other subsequent request
for such a waiver for any of such dwelling units.''.
SEC. 126. PUBLIC HOUSING RESIDENT OPPORTUNITY.
Section 20 of the United States Housing Act of 1937 (42
U.S.C. 1437r) is amended--
(1) by striking the section heading and inserting the
following new section heading:
``resident opportunity program'';
(2) in the first 2 sentences of subsection (b), by striking
``resident management program'' each place it appears and
inserting ``resident opportunity program''; and
(3) in subsection (f)--
(A) by striking ``Resident Management Technical Assistance
and Training'' and inserting ``Resident Opportunity
Assistance'';
(B) in paragraph (1), by adding at the end the following
new sentences: ``In addition, the Secretary may provide
financial assistance to resident management corporations or
resident councils for activities sponsored by resident
organizations for job training, economic development,
security, and other self-sufficiency activities beyond those
related to the management of public housing. Any resident
management corporation or resident council may use such
assistance to enter into agreements with any local community
action agency receiving assistance under the Community
Services Block Grant Act for such agency to carry out such
activities.'';
(C) in paragraph (2), by striking ``$100,000'' and
inserting ``$250,000'';
(D) by striking paragraph (3) and inserting the following
new paragraph:
``(3) Funding.--Of any amounts made available for financial
assistance under section 14, the Secretary may use to carry
out this subsection $25,000,000 for fiscal year 1995 and
$25,000,000 for fiscal year 1996.'';
(E) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(F) by inserting after paragraph (1) the following new
paragraph:
``(2) Other uses of assistance.--The Secretary may use
amounts available to carry out this subsection to enter into
contracts with--
``(A) various entities for monitoring, evaluation,
technical assistance, and information dissemination in
connection with activities under this subsection; and
``(B) resident organizations and public or private entities
(including local community action agencies receiving
assistance under the Community Services Block Grant Act) for
activities that support the economic development and
increased self-sufficiency of public housing residents.
Eligible activities related to economic development and self-
sufficiency may include programs for counseling, treatment
for substance abuse, child care, remedial education, job
training, and development of resident businesses.''.
SEC. 127. PUBLIC HOUSING FAMILY INVESTMENT CENTERS.
(a) Authorization of Appropriations.--Section 22(k) of the
United States Housing Act of 1937 (42 U.S.C. 1437t(k)) is
amended to read as follows:
``(k) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$50,000,000 for fiscal year 1995 and $50,000,000 for fiscal
year 1996.''.
(b) Purposes.--Section 22(a) of the United States Housing
Act of 1937 (42 U.S.C. 1437t(a)) is amended--
(1) in the matter preceding paragraph (1) by inserting
before ``to provide'' the following: ``to provide job
training and employment services to public housing residents
in connection with public and private sector jobs generated
by construction, modernization, maintenance, and supportive
service activities of public housing and other housing
projects and programs assisted by the Department of Housing
and Urban Development and'';
(2) by redesignating paragraphs (2), (3), and (4), as
paragraphs (3), (4), and (5), respectively;
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) operating job banks, assisting employers to develop
training and apprenticeship programs, assisting businesses of
public housing residents, and other employment-related
activities;''; and
(4) by adding at the end the following new flush sentence:
``The provision of services under this section shall be
considered the provision of housing for purposes of section 3
of the Housing and Urban Development Act of 1968.''.
(c) Elimination of Supportive Services Cap.--Section
22(c)(4) of the United States Housing Act of 1937 is amended
by striking ``not more than 15 percent of''.
(d) Economic Opportunity Activities.--Section 22 of the
United States Housing Act of 1937 is amended--
(1) by striking subsection (b) and inserting the following
new subsection:
``(b) Grant Authority.--The Secretary may make grants to
public housing agencies, and to local community action
agencies that are receiving assistance under the Community
Services Block Grant Act and are working in coordination with
public housing agencies, to adapt and provide sites in or
near public housing for providing services to help families
residing in the public housing gain better access to
educational and job opportunities to achieve self-sufficiency
and independence, and to provide such services. Assistance
under this section may be made available only for public
housing agencies that demonstrate to the satisfaction of the
Secretary that supportive services (as such term is defined
in subsection (j)) will be made available. Facilities
assisted under this section shall be located in or near the
premises of public housing.'';
(2) in subsection (c)(3), by striking ``the renovation of
facilities located near the premises of 1 or more public
housing projects'' and inserting the following: ``the
acquisition of facilities located near the premises of 1 or
more public housing projects, the acquisition and renovation
of such facilities, or the renovation of such facilities,'';
and
(3) in subsection (j)--
(A) in the first sentence, by inserting before the period
at the end the following: ``(including opportunities under a
Family Self-Sufficiency program under section 23 of this Act,
subtitle D of title IV of the Cranston-Gonzalez National
Affordable Housing Act, and the Job Training Partnership Act)
and to facilitating participation in such opportunities'';
(B) in paragraph (5), by striking ``and'' at the end;
(C) by redesignating paragraphs (4), (5), and (6) as
paragraphs (5), (6), and (15), respectively; and
(D) by inserting after paragraph (3) the following new
paragraph:
``(4) English language education for persons having no or
limited proficiency in English;''; and
(E) by inserting after paragraph (6) (as so redesignated)
the following new paragraphs:
``(7) providing a job bank of available employment
positions;
``(8) assisting contractors, contractor associations, and
joint labor-management committees to develop and assist
training and apprenticeship programs;
``(9) funding start-up costs of business employing, or
owned by, public housing residents;
``(10) providing coordination with related government and
private programs;
``(11) carrying out job-related activities necessary to
establish and operate a family investment center, including
training, supervision of trainees, and job recruitment;
``(12) apprenticeship training of public housing residents
in job skills used in the construction modernization,
maintenance, and operation of public housing and other
housing assisted by the Department of Housing and Urban
Development;
``(13) employing public housing residents in modernization,
maintenance, and operation of public housing and other
housing assisted by the Department of Housing and Urban
Development;
``(14) training and employing public housing residents in
jobs providing supportive services to residents participating
in the program for family self-sufficiency and other economic
independence; and''.
(e) Use of Community Action Agencies.--Section 22 of the
United States Housing Act of 1937 is amended--
(1) in subsection (c)(4), by inserting ``, including local
community action agencies receiving assistance under the
Community Services Block Grant Act'' after ``providers''; and
(2) in subsection (h), by striking ``employ'' and inserting
``provide for the employment of''.
SEC. 128. REVITALIZATION OF SEVERELY DISTRESSED PUBLIC
HOUSING.
(a) Planning Grants.--Subsection (c) of section 24 of the
United States Housing Act of 1937 (42 U.S.C. 1437v(c)) is
amended--
(1) in paragraph (2) by striking ``$200,000'' and inserting
``$300,000'';
(2) in paragraph (3)--
(A) in subparagraph (G), by striking ``designing a suitable
replacement housing plan'' and inserting ``designing suitable
relocation and replacement housing plans'';
(B) by redesignating subparagraphs (E) through (I) as
subparagraphs (F) through (J), respectively; and
(C) by inserting after subparagraph (D) the following new
subparagraph:
``(E) planning for community service activities to be
carried out by residents, other members of the community, and
other persons willing to contribute to the social, economic,
or physical improvement of the community;'';
(3) in paragraph (4)--
(A) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(B) by inserting after subparagraph (C) the following new
subparagraph:
``(D) to the extent the applicant is requesting amounts for
community service activities, a description of the planning
activities for community service to be carried out by
residents, other members of the community,
[[Page 1287]]
and other persons willing to contribute to the social,
economic, or physical improvement of the community;''; and
(5) in paragraph (5)--
(A) in subparagraph (F), by inserting before the semicolon
at the end the following: ``, taking into consideration the
condition of the public housing of the public housing agency
as a whole'';
(B) by striking subparagraph (E);
(C) by redesignating subparagraphs (F) and (G) as
subparagraphs (E) and (F), respectively; and
(D) by adding at the end the following new flush material:
``In making grants under this subsection, the Secretary may
select a lower-rated application that meets the requirements
pursuant to this section instead of a higher-rated
application to increase the national geographic diversity
among applications approved under this section.''.
(b) Implementation Grants.--Subsection (d) of section 24 of
the United States Housing Act of 1937 is amended--
(1) in paragraph (2)--
(A) in subparagraph (I), by striking ``except that'' and
all that follows and inserting the following: ``except that--
``(i) not more than 20 percent of any grant under this
subsection may be used for such purpose; and
``(ii) an amount equal to 15 percent of the amount of any
grant under this subsection used for such purposes shall be
contributed from non-Federal sources, and may be in the form
of cash, administrative costs, and the reasonable value of
in-kind contributions, and may include funding under title I
of the Housing and Community Development Act of 1974.'';
(B) by redesignating subparagraphs (E) through (I) (as so
amended) as subparagraphs (G) through (K), respectively; and
(C) by inserting after subparagraph (D) the following new
subparagraphs:
``(E) community service activities to be carried out by
residents, other members of the community, and other persons
willing to contribute to the social, economic, or physical
improvement of the community;
``(F) replacement of public housing units;'';
(2) in paragraph (3)--
(A) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(B) by inserting after subparagraph (C) the following new
subparagraph:
``(D) to the extent the applicant is requesting amounts for
community service activities, a description of the community
service activities to be carried out by residents, other
members of the community, and other persons willing to
contribute to the social, economic, or physical improvement
of the community;''; and
(3) in paragraph (4)--
(A) by striking subparagraph (D) and inserting the
following new subparagraph:
``(D) the quality of the proposed revitalization program
and the suitability of the project for such a program;'';
(B) in subparagraph (F), by inserting before the semicolon
at the end the following: ``, taking into consideration the
condition of the public housing of the applicant as a
whole''; and
(C) by striking subparagraph (E);
(D) by redesignating subparagraphs (F) and (G) as
subparagraphs (E) and (F), respectively; and
(E) by adding at the end the following new flush material:
``In making grants under this subsection, the Secretary may
select a lower-rated application that meets the requirements
pursuant to this section instead of a higher-rated
application to increase the national geographic diversity
among applications approved under this section.''.
(c) Exceptions to General Program Requirements.--Section
24(e) of the United States Housing Act of 1937 is amended--
(1) by striking the first sentence of paragraph (2) and
inserting the following new sentence: ``For projects
revitalized under this section, a public housing agency may--
``(A) in lieu of selecting tenants pursuant to the
preferences specified under section 6(c)(4)(A)(i), select
tenants pursuant to a local system of preferences;
``(B) in making dwelling units in such projects available
for occupancy, disregard the order in which applications were
made for residency in public housing dwelling units or any
waiting lists established for such residency to provide for
substantial variation in the incomes of families residing in
the project, subject to the provisions of this Act relating
to income eligibility in public housing projects (as modified
under subparagraph (C));
``(C) notwithstanding section 16 of this Act, provide for
low-income families to occupy not more than 50 percent of the
dwelling units in a project, and
``(D) establish ceiling rents under section 3(a)(2).''; and
(2) by adding at the end the following new paragraph:
``(3) Demolition and replacement.--
``(A) In general.--Notwithstanding any other applicable law
or regulation, a revitalization plan under this section may
include demolition of public housing units and replacement of
such units on site or in the same neighborhood if the number
of replacement units provided in the same neighborhood is
fewer than the number of units demolished as a result of the
revitalization effort.
``(B) Tenant-based assistance.--Notwithstanding the
limitation in subparagraph (C) of section 18(b)(3), a public
housing agency may replace not more than one-third of the
units demolished or disposed of through a revitalization
project under this section with tenant-based assistance under
section 8, but only if the public housing agency demonstrates
to the satisfaction of the Secretary that the local housing
market in which the assistance is to be used has had a
vacancy rate, among units whose rent does not exceed the fair
market rental for the area established under section 8(e), of
more than 3 percent for at least 6 consecutive months.
``(C) Alternative methods of replacement.--A revitalization
plan under this section may provide for replacement of public
housing units in the manners under subparagraph (D) of this
paragraph (and not subject to the requirements of
subparagraph (B) of section 18(b)(3)) if the agency or
corporation enters into such agreements as the Secretary
considers necessary to ensure that the replacement units will
remain affordable to families eligible for residency in
public housing for the remaining useful life of the units, as
determined by the Secretary.
``(D) Certificate and new unit mix.--Each such dwelling
unit demolished, disposed of, or otherwise eliminated
pursuant to this paragraph shall be replaced with an
additional dwelling unit through any combination of--
``(i) additional public housing dwelling units;
``(ii) units or housing described in clause (iv), (v),
(vii), (viii), or (ix) of section 18(b)(3)(A);
``(iii) rental units that are (I) assisted under title II
of the Cranston-Gonzalez National Affordable Housing Act
(notwithstanding section 212(d)(2) of such Act), or (II)
assisted under a State or local rental assistance program
that provides for rental assistance over a term of not less
than 5 years that is comparable in terms of eligibility and
contribution to rent to assistance under section 8; but this
clause shall apply to a revitalization program only if the
agency demonstrates to the satisfaction of the Secretary that
the local housing market in which the assistance is to be
used has had a vacancy rate, among units whose rent does not
exceed the fair market rental for the area established under
section 8(e), of more than 3 percent for at least 6
consecutive months; or
``(iv) other manners approved by the Secretary.''.
(d) Definitions.--Subsection (h) of section 24 of the
United States Housing Act of 1937 is amended--
(1) by striking paragraph (5) and inserting the following
new paragraphs:
``(6) Severely distressed public housing.--The term
`severely distressed public housing' means a public housing
project or building in a project that--
``(A) requires major redesign, reconstruction, or
redevelopment, or partial or total demolition, to correct
serious deficiencies in the original design (including
inappropriately high population density), deferred
maintenance, physical deterioration or obsolescence of major
systems, and other deficiencies in the physical plant of the
project;
``(B) is--
``(i)(I) occupied predominantly by families with children
which have extremely low incomes, high rates of unemployment,
and extensive dependency on various forms of public
assistance; and
``(II) has high rates of vandalism and criminal activity
(including drug-related criminal activity) in comparison to
other housing in the area; or
``(ii) has a vacancy rate, as determined by the Secretary,
of 50 percent or more;
``(C) can not be revitalized through assistance under other
programs, such as the programs under sections 9 and 14, or
through other administrative means because of the inadequacy
of available amounts; and
``(D) in the case of an individual building, the building
is (in the determination of the Secretary) sufficiently
separable from the remainder of the project of which the
building is part to make use of the building feasible for
purposes of this section.
``(7) Support services.--The term `support services'
includes all activities which will promote upward mobility,
self-sufficiency, and improved quality of life for the
residents of the public housing project involved, and shall
include literacy training, job training, day care, and
economic development activities. Support services may be
provided to residents of the neighborhood in which the public
housing project involved is located.'';
(2) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) Community service.--The term `community service'
means services provided on a volunteer or limited stipend
basis for the social, economic, or physical improvement of
the community to be served, including opportunity for the
upward mobility of participants providing the community
service, through completion of education requirements, job
training, or alternative methods of developing skills and job
readiness.''.
(e) Reports.--Section 24(i) of the United States Housing
Act of 1937 is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
(f) Repeal.--Section 24 of the United States Housing Act of
1937 (42 U.S.C. 1437v) is amended by striking subsection (b).
(g) Applicability.--Section 24 of the United States Housing
Act of 1937 is amended by
[[Page 1288]]
adding at the end the following new subsection:
``(j) Applicability.--Notwithstanding any provision of this
Act, with respect to a public housing project that (1) has
been selected for funding under this section 24 or through
the urban revitalization demonstration program under the
Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act,
1993 (Public Law 102-389, 106 Stat. 1579; 42 U.S.C. 1437l
note) or the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations
Act, 1994 (Public Law 103-124, 107 Stat. 1285; 42 U.S.C.
1437l note), and (2) has an approved comprehensive plan under
section 14 of this Act, the Secretary may apply any provision
of this section and the regulations hereunder to all
activities undertaken at such projects only during
revitalization (including activities relating to demolition,
modernization, reconstruction, site improvement, and
replacement housing).''.
(h) Conforming Amendment.--The first sentence of section
25(m)(1) of the United States Housing Act of 1937 (42 U.S.C.
1437w(m)(1)) is amended to read as follows: ``The term
`eligible housing' means a public housing project, or one or
more buildings within a project, that is owned or operated by
a troubled public housing agency that has been troubled for
not less than 3 years and that, as determined by the
Secretary, has failed to make substantial progress toward
effective management.''.
(i) Applicability to Certain Project.--The amendments made
by this section shall apply with respect to assistance
provided before the date of the enactment of this Act under
section 24 of the United States Housing Act of 1937 for the
Desire Housing Development, located in New Orleans,
Louisiana, but only to the extent that the Housing Authority
of New Orleans submits to the Secretary of Housing and Urban
Development a description of the revitalization program for
such project describing the use of such assistance under the
provisions of such section 24, as amended, which is approved
by the Secretary.
SEC. 129. PROGRAM MONITORING AND TECHNICAL ASSISTANCE.
(a) Definition.--Section 3 of the United States Housing Act
of 1937 (42 U.S.C. 1437a), as amended by adding at the end
the following new subsection:
``(e) Technical Assistance and Services.--As used in
sections 5(c)(9) and 14(k)(1)(B), the term `technical
assistance and services' shall include any or all
undertakings by the Secretary, directly using officials and
employees of the Secretary, or indirectly under contract or
otherwise, related to the inspection or oversight of project
or program development or implementation, training and
technical assistance, public housing agency or Indian housing
authority program, project, or general management, crisis
management and operations, survey research, and the
preparation of reports or recommendations to the
Secretary.''.
(b) Availability of Development Amounts.--Section 5(c) of
the United States Housing Act of 1937 (42 U.S.C. 1437c(c)) is
amended by adding at the end the following new paragraph:
``(9) Of any amounts appropriated pursuant to this Act in
fiscal year 1995 for public housing development (including
Indian housing development), the Secretary may use not more
than 0.5 percent for technical assistance and services.''.
(c) Availability of Modernization Amounts.--Section
14(k)(1) of the United States Housing Act of 1937 (42 U.S.C.
1437l(k)(1)), as amended by the preceding provisions of this
Act, is amended--
(1) by inserting ``(A)'' before the first sentence; and
(2) by adding at the end the following new subparagraph:
``(B) Of any amounts approved in appropriation Acts for
grants under this section in fiscal year 1995, the Secretary
may use not more than 1 percent for technical assistance and
services.''.
SEC. 130. APPLICABILITY OF PUBLIC HOUSING AMENDMENTS TO
INDIAN HOUSING.
(a) Amendment.--Section 201(b) of the United States Housing
Act of 1937 (42 U.S.C. 1437aa(b)) is amended to read as
follows:
``(b) Applicability of Title I.--Except as otherwise
provided by law, the provisions of title I shall apply to
low-income housing developed or operated pursuant to a
contract between the Secretary and an Indian housing
authority.''.
(b) Applicability of Amendment.--The amendment made by
subsection (a) shall not affect provisions of the United
States Housing Act of 1937 that were made applicable to
public housing developed or operated pursuant to a contract
between the Secretary and an Indian housing authority in
accordance with section 201(b)(2) of such Act, as such
section existed before the effective date of this section.
(c) Applicability of Housing and Community Development Act
of 1992.--The provisions of, and the amendments made by,
sections 103(a)(1), 112, 114, 116, 118, 903, and 927 of the
Housing and Community Development Act of 1992 and sections
301, 302, 303, and 304 of the Multifamily Housing Property
Disposition Reform Act of 1994 shall apply to public housing
developed or operated pursuant to a contract between the
Secretary and an Indian housing authority.
SEC. 131. EARLY CHILDHOOD DEVELOPMENT PROGRAM.
(a) Authorization of Appropriations.--Section 222(g) of the
Housing and Urban-Rural Recovery Act of 1983 (12 U.S.C.
1701z-6 note) is amended by striking the first two sentences
and inserting the following new sentence: ``There are
authorized to be appropriated to carry out this section
$35,000,000 for fiscal year 1995 and $35,000,000 for fiscal
year 1996.''.
(b) Eligibility for Assistance.--Section 222(b)(1) of the
Housing and Urban-Rural Recovery Act of 1983 is amended by
inserting before the semicolon at the end the following: ``,
except that the Secretary may make a grant to provide
additional assistance for an existing child care center
assisted under this section or to expand an existing child
care center regardless of whether such center was previously
assisted under this section''.
(c) Assistance for Homeless Families.--Section 222(a)(1) of
the Housing and Urban-Rural Recovery Act of 1983 amended by
inserting before the period at the end the following:
``(including, for purposes of this section, homeless families
with children, as defined by the Secretary)''.
(d) Clerical Amendment.--The heading for section 222 of the
Housing and Urban-Rural Recovery Act of 1983 is amended to
read as follows: ``early childhood development programs''.
SEC. 132. INDIAN HOUSING CHILDHOOD DEVELOPMENT SERVICES.
Funding.--Section 518(a) of the Cranston-Gonzalez National
Affordable Housing Act (12 U.S.C. 1701z-6 note) is amended by
striking the first and second sentences and inserting the
following new sentence: ``There are authorized to be
appropriated to carry out the demonstration program under
this section $6,000,000 for fiscal year 1995 and $6,000,000
for fiscal year 1996.''.
SEC. 133. PUBLIC HOUSING ONE-STOP PERINATAL SERVICES
DEMONSTRATION.
Section 521(g) of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 1437t note) is amended to read as
follows:
``(g) Authorization of Appropriations.--There are
authorized to be appropriated for carrying out the
demonstration program under this section such sums as may be
necessary for each of fiscal years 1995 and 1996.''.
SEC. 134. SALE OF CERTAIN SCATTERED-SITE PUBLIC HOUSING.
Section 131 of the Housing and Community Development Act of
1992 (Public Law 102-550; 106 Stat. 3712) is amended by
adding at the end the following new sentence: ``During the
term of the annual contributions contract relating to the
scattered-site public housing originally sold under this
section, any proceeds from the disposition of replacement
scattered-site dwellings purchased with (1) the proceeds from
such original disposition, or (2) the proceeds from the
disposition of any replacement scattered-site dwellings,
shall be used to purchase additional replacement scattered-
site dwellings, which shall be considered public housing for
the purposes of such Act and for which the Secretary shall
provide annual contributions for operation, using amounts
made available under section 9(c) of such Act.''.
SEC. 135. ELIGIBILITY OF CERTAIN PUBLIC HOUSING FOR
DEMOLITION.
Section 415 of the Department of Housing and Urban
Development--Independent Agencies Appropriations Act, 1988
(Public Law 100-202; 101 Stat. 1329-213), is amended by
striking ``George Loving Place, at 3320 Rupert Street, Edgar
Ward Place, at 3901 Holystone, Elmer Scott Place, at 2600
Morris, in Dallas, Texas, or''.
SEC. 136. DEMONSTRATION PROGRAM FOR INNOVATIVE PUBLIC HOUSING
AGENCIES AND RESIDENT MANAGEMENT CORPORATIONS.
(a) Authority.--The Secretary may authorize public housing
agencies and resident management corporations to carry out
demonstrations for public housing that--
(1) test the extent to which aspects of the public housing
program may be exempt from certain statutory requirements
while continuing to serve eligible families, and
(2) permit agencies and resident management corporations to
establish policies for the operation, maintenance,
management, and development (including modernization) of one
or more projects, without regard to the requirements
applicable to public housing in the United States Housing Act
of 1937.
In establishing such policies, public housing agencies and
resident management corporations shall be subject to any
applicable State or local law.
(b) Waiver of Provisions of 1937 Act.--For any
demonstration authorized under this section, the Secretary
may waive the applicability of any requirements of the United
States Housing Act of 1937 that the Secretary determines are
not consistent with the purposes of a demonstration, except
requirements--
(1) limiting occupancy of public housing to low-income
families, as defined in section 3 of the United States
Housing Act of 1937;
(2) under section 18 of such Act requiring replacement of
units in the case of demolition or disposition (except that
the limitation on the use of tenant-based assistance to
applications proposing demolition or disposition of 200 or
more units may be waived); and
(3) relating to labor standards.
(c) Replacement Housing.--
(1) Authority.--In authorizing a demonstration under this
section, the Secretary may authorize a public housing agency
to demolish or dispose of public housing units and replace
such units on site or in the same
[[Page 1289]]
neighborhood if the number of replacement units provided in
the same neighborhood is fewer than the number of units
demolished under the demonstration.
(2) Tenant-based assistance.--Notwithstanding the
limitations in subparagraphs (A)(v) and (C) of section
18(b)(3), a public housing agency may replace not more than
one-third of the units demolished or disposed of under a
demonstration under this section with tenant-based assistance
under section 8, but only if the public housing agency
demonstrates to the satisfaction of the Secretary that the
local housing market in which the assistance is to be used
has had a vacancy rate, among units whose rent does not
exceed the fair market rental for the area established under
section 8(e), of more than 3 percent for at least 6
consecutive months.
(3) Alternative methods of replacement.--In authorizing a
demonstration under this section, the Secretary may authorize
a public housing agency to provide for replacement of public
housing units in the manners under paragraph (4) of this
subsection rather than in the manners specified under the
various clauses of section 18(b)(3)(A) (and not subject to
the requirements of subparagraph (B) of section 18(b)(3)) if
the agency enters into such agreements as the Secretary
considers necessary to ensure that the replacement units will
remain affordable to families eligible for residency in
public housing for the remaining useful life of the units, as
determined by the Secretary.
(4) Certificate and new unit mix.--Each such dwelling unit
demolished, disposed of, or otherwise eliminated pursuant to
this subsection shall be replaced with an additional dwelling
unit through any combination of--
(A) additional public housing dwelling units;
(B) units acquired or otherwise provided for homeownership
(including cooperative and condominium interests) by public
housing residents under section 5(h), subtitle B or C of
title IV of the Cranston-Gonzalez National Affordable Housing
Act, or other programs for homeownership that have program
requirements substantially equivalent to the requirements
established under section 605 of the Housing and Community
Development Act of 1987;
(C) affordable housing homeownership units assisted under
title II of the Cranston-Gonzalez National Affordable Housing
Act and sold to public housing residents;
(D) rental units that are (i) assisted under title II of
the Cranston-Gonzalez National Affordable Housing Act
(notwithstanding section 212(d)(2) of such Act), or (ii)
assisted under a State or local rental assistance program
that provides for rental assistance over a term of not less
than 5 years that is comparable in terms of eligibility and
contribution to rent to assistance under section 8; but this
subparagraph shall apply to a public housing agency only if
the agency demonstrates to the satisfaction of the Secretary
that the local housing market in which the assistance is to
be used has had a vacancy rate, among units whose rent does
not exceed the fair market rental for area established under
section 8(e), of more than 3 percent for at least 6
consecutive months;
(E) housing assisted by a tax credit under section 42 of
the Internal Revenue Code;
(F) housing acquired from the Resolution Trust Corporation
or the Federal Deposit Insurance Corporation;
(G) housing acquired under section 203 of the Housing and
Community Development Amendments of 1978; or
(H) other manners approved by the Secretary.
(d) Waiver of Other Statutory Requirements.--For any
demonstration authorized under this section, the Secretary
may also waive the applicability of any provision of law that
applies to the projects under the demonstration and that the
Secretary determines is not consistent with the purposes of a
demonstration, except that the Secretary may not waive any
provision of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, any provision of
the Internal Revenue Code of 1986, or any other provision of
law relating to equal opportunity, nondiscrimination, or the
environment.
(e) Selection of Demonstrations.--
(1) Scope.--The Secretary may select not more than 25
public housing agencies or resident management corporations
(or a combination of both) to carry out not more than 25
demonstrations under this section. Not more than 5 of the
agencies selected may be agencies designated pursuant to
section 6(j) of the United States Housing Act of 1937 as
troubled or troubled with respect to the public housing
modernization program under section 14 of such Act.
(2) Criteria.--The Secretary shall select agencies and
corporations based on selection criteria established by the
Secretary, which shall include the following factors:
(A) The need for a range of project sizes.
(B) The need for a range of types of public housing
agencies and resident management corporations.
(C) The potential effects and benefits that the variations
proposed by the agency or corporation could have on the
public housing program if the variations were adopted for the
whole program.
(f) Requirements.--The Secretary may authorize a
demonstration program under this section only if the
Secretary determines that the demonstration--
(1) would not, over the term of the demonstration, result
in the Federal Government incurring greater costs than the
government would otherwise incur if the demonstration were
not authorized;
(2) is consistent with the overall purposes of the public
housing program;
(3) is evaluated by an independent party; and
(4) is consistent with the Fair Housing Act, title VI of
the Civil Rights Act of 1964, section 504 of the
Rehabilitation Act of 1973, the Age Discrimination Act of
1975, and the National Environmental Policy Act of 1969.
(g) Authority To Establish Additional Requirements.--In
authorizing a demonstration under this section, the Secretary
may impose such requirements as the Secretary considers to be
appropriate to further the purposes of the demonstration.
(h) Reports.--
(1) Report on demonstration.--For each demonstration site,
the public housing agency or resident management corporation
carrying out the demonstration shall submit an annual
progress report to the Secretary. For each demonstration
carried out under this section, the Secretary shall submit a
report to Congress not later than 1 year after completion of
the demonstration, describing the results of the
demonstration and making any recommendations for legislation.
(2) Report on waiver for new york city.--The Secretary
shall conduct a study of the advisability, practicality, and
effects of exempting the New York City Housing Authority from
any provisions of law or regulation establishing requirements
for the site on which, and neighborhood in which, public
housing is developed. The Secretary shall submit a report to
the Congress not later than 6 months after the date of the
enactment of this Act describing the results of the study and
making a recommendation with respect to such exemption.
(i) Term of Demonstrations.--The authority to carry out a
demonstration program under this section shall be effective
only for the period specified by the Secretary in authorizing
the demonstration program, which may not exceed 5 years.
(j) Definitions.--For purposes of this section, the
following definitions shall apply:
(1) The terms ``public housing agency'' and ``agency'' mean
a public housing agency, as such term is defined in section
3(b) of the United States Housing Act of 1937.
(2) The terms ``resident management corporation'' and
``corporation'' mean a resident management corporation
established in accordance with requirements of the Secretary
under section 20 of the United States Housing Act of 1937.
(3) The term ``Secretary'' means the Secretary of Housing
and Urban Development.
(k) Authorization of Appropriations.--There is authorized
to be appropriated $1,000,000 for the evaluation of
demonstrations under this section.
SEC. 137. DEMONSTRATION PROGRAM FOR OCCUPANCY OF OTHERWISE
VACANT PUBLIC HOUSING UNITS BY MODERATE-INCOME
FAMILIES.
(a) Authority.--The Secretary of Housing and Urban
Development may carry out a demonstration program under which
public housing agencies may lease units in public housing
projects assisted under the United States Housing Act of 1937
to moderate-income families, as such term is defined by the
Secretary.
(b) Requirements for Participation.--The Secretary may
approve a request by a public housing agency to participate
in the demonstration program only if the Secretary determines
that--
(1) the units proposed for leasing to moderate-income
families would otherwise remain vacant;
(2) the agency has demonstrated that it has actively
marketed the units to eligible families and that eligible
families are not available to fill the units covered by the
application and are not expected to be available for at least
12 months; and
(3) the agency has agreed not to provide tenant-based
assistance under the United States Housing Act of 1937 for
unit sizes available for occupancy under the demonstration.
(c) Duration.--The Secretary may authorize a public housing
agency to participate in the demonstration for up to a 2-year
term and may extend the term for additional periods of up to
2 years, if the agency submits another application that meets
the requirements of this section.
SEC. 138. STUDY OF ADEQUACY OF PAYMENT IN LIEU OF TAXES.
The Comptroller General of the United States shall conduct
a study of the payments made during recent years by public
housing agencies to State and local governments in lieu of
taxes, pursuant to section 6(d) of the United States Housing
Act of 1937, to determine whether such payments adequately
compensate for the amount of taxes foregone by such
governments pursuant to such section. The Comptroller General
shall submit a report to the Congress describing the results
of the study not later than the expiration of the 1-year
period beginning on the date of the enactment of this Act.
Subtitle C--Section 8 Assistance
SEC. 141. COMMUNITY INVESTMENT DEMONSTRATION PROGRAM.
Section 6(j) of the HUD Demonstration Act of 1993 (42
U.S.C. 1437f note) is amended to read as follows:
``(j) Authorization of Appropriations.--Of any amounts
appropriated for incremental assistance under section 8 of
the United States Housing Act of 1937, the Secretary may use
not more than $150,000,000 in fiscal year 1995 and
$200,000,000 in fiscal year 1996 to carry out this
section.''.
[[Page 1290]]
SEC. 142. MERGER OF SECTION 8 RENTAL ASSISTANCE PROGRAMS.
(a) In General.--Section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f) is amended to read as follows:
``rental housing assistance for low-income families
``Sec. 8. (a) Authority and Purpose.--
``(1) In general.--For the purposes of aiding low-income
families in obtaining a decent place to live and promoting
economically mixed housing, the Secretary may provide
assistance payments with respect to existing housing in
accordance with the provisions of this section.
``(2) Elderly housing.--Notwithstanding any other provision
of this Act, assistance payments under this section may be
provided, in accordance with regulations prescribed by the
Secretary, with respect to some or all of the units in any
project approved pursuant to section 202 of the Housing Act
of 1959 (as in effect before October 1, 1991).
``(b) Annual Contributions Contracts for Rental
Assistance.--
``(1) In general.--The Secretary may enter into annual
contributions contracts under this subsection with public
housing agencies to provide rental housing assistance under
this section for low-income families. Such annual
contributions contracts shall bind the Secretary to make such
authority, and any amendments increasing such authority,
available to the public housing agency for a specified
period.
``(2) Secretary acting as pha.--In areas where no public
housing agency has been organized or where the Secretary
determines that a public housing agency is unable to
implement the provisions of this section, the Secretary may
enter into such contracts and perform the other functions
assigned to a public housing agency by this section.
``(3) Treatment of assistance for supportive housing for
the disabled.--The Secretary may not consider the receipt by
a public housing agency of assistance under section 811(b)(1)
of the Cranston-Gonzalez National Affordable Housing Act, or
the amount received, in approving assistance under this
section for the agency or in determining the amount of such
assistance to be provided to the agency.
``(c) Assistance Contracts.--
``(1) In general.--Each public housing agency that receives
amounts under an annual contributions contract may enter into
assistance contracts to make rental assistance payments to
owners of existing dwelling units in accordance with the
provisions of this section.
``(2) PHA acting as owner.--A public housing agency may
contract to make rental assistance payments under this
section to itself (or any agency or instrumentality thereof)
as the owner of dwelling units, and the agency shall be
subject to the same program requirements as are applied to
other owners. In such cases, the Secretary may establish
initial rents within applicable limits.
``(3) Inapplicable provisions.--Sections 5(e) and 6 and any
other provisions of this Act that are inconsistent with the
provisions of this section shall not apply to assistance
contracts entered into pursuant to this section.
``(d) Maximum Monthly Rent.--
``(1) In general.--Each assistance contract entered into
pursuant to this section shall establish the maximum monthly
rent (including utilities and all maintenance and management
charges) that the owner is entitled to receive for each
dwelling unit for which rental assistance payments are to be
made under the contract. Except as provided in paragraph (2),
the maximum monthly rent shall not exceed by more than 10
percent the fair market rental under subsection (e) for the
market area in which the dwelling unit is located. If units
assisted under this section are exempt from local rent
control while they are so assisted or otherwise, the maximum
monthly rent for such units shall be reasonable in comparison
with other units in the market area that are exempt from
local rent control.
``(2) Exception.--The maximum monthly rent may exceed the
fair market rental--
``(A) by more than 10 but not more than 20 percent, but
only if the Secretary determines that special circumstances
warrant such higher maximum rent or that such higher rent is
necessary to the implementation of a comprehensive housing
affordability strategy under section 105 of the Cranston-
Gonzalez National Affordable Housing Act; or
``(B) by such higher amount, only if requested by the low-
income family assisted and approved by the public housing
agency in accordance with subsection (f)(2).
``(3) Annual adjustments.--Each assistance contract shall
provide for adjustment in the maximum monthly rents for units
covered by the contract not less than annually to reflect
changes in the fair market rentals established under
subsection (e) for the housing area for similar types and
sizes of dwelling units or, if the Secretary determines, on
the basis of a reasonable formula.
``(4) Adjustments due to expenses.--Each assistance
contract shall further provide for the Secretary to make
additional adjustments in the maximum monthly rent for units
assisted under the contract to the extent the Secretary
determines such adjustments are necessary to reflect
increases in the actual and necessary expenses of owning and
maintaining the units that have resulted from substantial
general increases in real property taxes, utility rates, or
similar costs that are not adequately compensated for by the
adjustment in the maximum monthly rent authorized by
paragraph (3). The Secretary shall make additional
adjustments in the maximum monthly rent for units under
contract (subject to the availability of appropriations for
contract amendments) to the extent the Secretary determines
such adjustments are necessary to reflect increases in the
actual and necessary expenses of owning and maintaining the
units that have resulted from the expiration of a real
property tax exemption.
``(5) Adjustments due to criminal activity.--If the
Secretary determines that a project assisted under this
section is located in a community where criminal activity is
generally prevalent and the operating, maintenance, and
capital repair expenses for the project have been
substantially increased primarily as a result of the
prevalence of such activity, the Secretary may (at the
discretion of the Secretary and subject to the availability
of appropriations for contract amendments for this purpose),
on a project-by-project basis, provide adjustments to the
maximum monthly rents, to a level not exceeding 120 percent
of the project rents, to cover the costs of maintenance,
security, capital repairs, and reserves required for the
owner to carry out a strategy acceptable to the Secretary for
addressing the problem of criminal activity. The Secretary
may waive the applicability of any rent comparability
standard required under this subsection to implement this
paragraph.
``(6) Adjustments due to lead-based paint reduction for
housing receiving project-based assistance.--The Secretary
may (at the discretion of the Secretary and subject to the
availability of appropriations for contract amendments), on a
project-by-project basis for projects receiving project-based
assistance, provide adjustments to the maximum monthly rents
to cover the costs of evaluating and reducing lead-based
paint hazards, as defined in section 1004 of the Residential
Lead-Based Paint Hazard Reduction Act of 1992.
``(7) Limitations on adjustments.--
``(A) General comparability rule.--Adjustments in the
maximum rents under paragraphs (3) through (6) shall not
result in material differences between the rents charged for
assisted units and unassisted units of similar quality, type,
and age in the same market area, as determined by the
Secretary.
``(B) Comparability studies.--
``(i) To carry out subparagraph (A), the Secretary shall
issue regulations to provide for conducting comparability
studies for projects where the Secretary has reason to
believe that the application of the formula adjustments under
paragraph (3) would result in such material differences. The
Secretary shall conduct such studies upon the request of any
owner of any project, or as the Secretary determines to be
appropriate by establishing, to the extent practicable, a
modified annual adjustment factor for such market area, as
the Secretary shall designate, that is geographically smaller
than the applicable housing area used for the establishment
of the annual adjustment factor under paragraph (3). The
Secretary shall establish such modified annual adjustment
factor on the basis of the results of a study conducted by
the Secretary of the rents charged, and any change in such
rents over the previous year, for assisted units and
unassisted units of similar quality, type, and age in the
smaller market area. Where the Secretary determines that such
modified annual adjustment factor cannot be established or
that such factor when applied to a particular project would
result in material differences between the rents charged for
assisted units and unassisted units of similar quality, type,
and age in the same market area, the Secretary may apply an
alternative methodology for conducting comparability studies
in order to establish rents that are not materially different
from rents charged for comparable unassisted units.
``(ii) If the Secretary or appropriate State agency does
not complete and submit to the project owner a comparability
study not later than 60 days before the anniversary date of
the assistance contract under this section, the automatic
annual adjustment factor shall be applied. The Secretary may
not reduce the contract rents in effect on or after April 15,
1987, for newly constructed, substantially rehabilitated, or
moderately rehabilitated projects assisted under this section
(including projects assisted under this section as in effect
prior to November 30, 1983), unless the project has been
refinanced in a manner that reduces the periodic payments of
the owner. Any maximum monthly rent that has been reduced by
the Secretary after April 14, 1987, and prior to November 7,
1988, shall be restored to the maximum monthly rent in effect
on April 15, 1987.
``(iii) For any project which has had its maximum monthly
rents reduced after April 14, 1987, the Secretary shall make
assistance payments (from amounts reserved for the original
contract) to the owner of such project in an amount equal to
the difference between the maximum monthly rents in effect on
April 15, 1987, and the reduced maximum monthly rents,
multiplied by the number of months that the reduced maximum
monthly rents were in effect.
``(e) Fair Market Rentals.--
``(1) In general.--The Secretary shall establish fair
market rentals under this subsection periodically, but not
less than annually, for existing rental dwelling units
suitable for occupancy by low-income families assisted under
this section. The Secretary shall establish the fair market
rental by
[[Page 1291]]
housing market area for various sizes and types of dwelling
units. For a market area, the fair market rental for any size
and type of dwelling unit shall be a dollar amount not less
than the amount that results in the rents charged for 45
percent of the standard quality rental units of such size and
type in the market area being less than such dollar amount.
For purposes of determining the dollar amount under the
preceding sentence, the Secretary shall consider only rental
units occupied by recent movers and shall not consider public
housing units, units for which market rents cannot be
determined, and newly constructed units.
``(2) Effectiveness and adjustment.--The Secretary shall
publish proposed fair market rentals for each area in the
Federal Register with reasonable time for public comment, and
such fair market rentals shall become effective upon the date
of publication in final form in the Federal Register. Each
fair market rental in effect under this subsection shall be
adjusted to be effective on October 1 of each year to reflect
changes, based on the most recent available data trended so
the rentals will be current for the year to which they apply,
of rents for existing rental dwelling units, as the case may
be, of various sizes and types in the market area suitable
for occupancy by families assisted under this section.
``(3) Certain areas.--The Secretary shall establish
separate fair market rentals under this subsection for
Westchester County in the State of New York. The Secretary
shall also establish separate fair market rentals under this
paragraph for Monroe County in the Commonwealth of
Pennsylvania. In establishing fair market rentals for the
remaining portion of the market areas in which Monroe County
is located, the Secretary shall establish the fair market
rentals as if such portion included Monroe County.
``(4) Required review.--If at any time, for any public
housing agency, more than 50 percent of the families on
behalf of whom assistance is provided under this section by
the agency are paying as rent more than the amount specified
under section 3(a) (as authorized in subsection (f)(2)), the
agency shall review the fair market rentals established under
this subsection for the market areas in the jurisdiction of
the public housing agency.
``(f) Amount of Monthly Assistance Payment and Due Process
Rights.--
``(1) In general.--Except as provided in paragraph (2), the
amount of the monthly assistance payment under this section
with respect to any dwelling unit shall be the difference
between the maximum monthly rent that the contract provides
that the owner is to receive for the unit and the rent the
family is required to pay under section 3(a).
``(2) Increased family payment.--A family on behalf of whom
tenant-based assistance payments are made under this section
may pay as rent for a dwelling unit assisted under this
section more than the amount specified under section 3(a),
but only if--
``(A) the family notifies the public housing agency of its
interest in a unit renting for an amount that exceeds the
permissible maximum monthly rent established for the market
area under subsection (d);
``(B) such agency determines that the rent for the unit and
the rental payments of the family are reasonable, after
taking into account other family expenses (including child
care, unreimbursed medical expenses, transportation, and
other appropriate family expenses;
``(C) such amount does not exceed 40 percent of the
family's monthly adjusted income; and
``(D) the public housing agency has first exercised any
authority under paragraphs (1) and (2)(A) of subsection (d)
to increase the maximum monthly rent for the dwelling unit.
The amount of the monthly assistance payment under this
section with respect to a dwelling unit for a family paying
rent as provided in this paragraph shall be the difference
between an amount based on the fair market rent and the rent
the family is required to pay under section 3(a).
``(3) Increases in assistance payments.--The Secretary
shall take any action necessary, including making contracts
for assistance payments in amounts exceeding the amounts
required upon the initial renting of dwelling units,
reserving annual contributions authority for the purpose of
amending assistance contracts, or allocating a portion of new
authorizations for the purpose of amending assistance
contracts, to ensure that assistance payments are increased
on a timely basis to cover increases in maximum monthly rents
or decreases in family incomes.
``(4) Reviews of family incomes.--
``(A) In general.--Reviews of family incomes for purposes
of this section shall be made annually and shall be subject
to the provisions of section 904(e) of the Stewart B.
McKinney Homeless Assistance Amendments Act of 1988. For
families for whom an increased rental payment has been
approved under paragraph (2), such review shall include
determining whether the rent for the unit and the rental
payments of the family continue to be reasonable, in
accordance with subparagraphs (B) and (C) of paragraph (2).
``(B) Procedures.--The Secretary shall establish procedures
that are appropriate and necessary to ensure that income data
provided to public housing agencies and owners by families
applying for or receiving assistance under this section is
complete and accurate.
``(C) Confidentiality.--Any income information received
pursuant to this paragraph shall remain confidential and
shall be used only for the purpose of verifying incomes in
order to determine eligibility of families for benefits (and
the amount of such benefits, if any) under this section.
``(5) Due process rights in cases of adverse action.--In
the case of any action proposed to be taken by a public
housing agency, any family receiving assistance under this
section adversely affected by such action shall have the
right to at least the basic elements of due process with
regard to such action, as follows:
``(A) Written notice of the intended adverse action and the
reason for such action shall be provided to the family not
less than 30 days before the action is to be taken, or, in a
case where the health or safety of other families is
threatened, a reasonable period of time considering the
seriousness of the situation (but not to exceed 30 days).
``(B) The family shall have the right to request a hearing
within 30 days after receipt of the notice.
``(C) The family shall have the right to a hearing before
an impartial hearing officer.
``(D) The family shall have the right to be represented at
the hearing by an attorney or other advocate.
``(E) The family shall have the right to examine the
evidence supporting the action and all evidence that the
public housing agency intends to use.
``(F) The family shall have the right to present
testimonial and documentary evidence and to cross-examine
adverse witnesses.
``(G) The hearing officer shall issue a written decision,
which shall be based solely upon the evidence introduced at
the hearing and which shall state the basis of the decision.
``(g) Eligibility of Units for Assistance.--
``(1) Occupancy status.--Each assistance contract shall
provide that assistance payments may be made only with
respect to the following dwelling units:
``(A) Occupied units.--A dwelling unit under lease for
occupancy by a family determined to be a low-income family at
the time it initially occupies the dwelling unit or by a
family that qualifies to receive assistance under this
section pursuant to section 223 or 226 of the Low-Income
Housing Preservation and Resident Homeownership Act of 1990.
``(B) Unoccupied units.--An unoccupied dwelling unit, but
only if--
``(i)(I) a family vacates the dwelling unit before the
expiration date of the lease for occupancy, or (II) a good
faith effort is being made to fill the unoccupied unit; and
``(ii) the costs of such vacancy are not charged to or paid
by the family vacating the dwelling unit.
Payments for units referred to in this subparagraph may be
made only for a period not exceeding 60 days, except that
such payments may be made, in the case of a newly constructed
or substantially rehabilitated project, after the expiration
of such 60-day period in an amount equal to the debt service
attributable to such an unoccupied dwelling unit for a period
not to exceed one year, if a good faith effort is being made
to fill the unit and the unit provides decent, safe, and
sanitary housing. No such payment may be made after the
expiration of such 60-day period if the Secretary determines
that the dwelling unit is in a project which provides the
owner with revenues exceeding the costs incurred by such
owner with respect to such project.
``(2) Owner's status.--A public housing agency shall not
approve the rental of a dwelling unit if--
``(A) the owner--
``(i) is debarred, suspended, or subject to limited denial
of participation under part 24 of title 24, Code of Federal
Regulations; or
``(ii) has been convicted of drug trafficking;
``(B) the owner owns any other dwelling unit in the same
project, which is assisted under this section and at such
time, such unit is not in compliance in any material respect
with standards for housing quality for units so assisted, but
the public housing agency shall provide an owner of any such
dwelling unit a reasonable opportunity to correct the
noncompliance before denying approval; or
``(C) the owner owns or has owned dwelling units in the
same project, which are assisted under this section (or any
other program of the Federal Government for housing
assistance) and such units have repeatedly or regularly
failed to comply with the housing quality standards
applicable to such units.
``(h) Other Provisions of Assistance Contracts.--Contracts
to make assistance payments entered into by any public
housing agency (or by the Secretary) with an owner of
existing housing units shall meet the following requirements:
``(1) Contract term.--Each assistance contract shall have a
term of not less than one month nor more than 180 months. The
Secretary shall permit public housing agencies to enter into
assistance contracts having terms of less than 12 months to
the extent necessary to avoid disruption in assistance to
eligible families if the annual contributions contract for
the agency under subsection (b) will expire within 1 year.
``(2) Preferences.--Each assistance contract shall provide
that, in making assistance available pursuant to the
contract--
``(A) for not less than 70 percent of the families who
initially receive project-based assistance, and
[[Page 1292]]
``(B) for not less than 90 percent of the families who
initially receive tenant-based assistance in any 1-year
period,
preference shall be given to families that (i) occupy
substandard housing (including families that are homeless or
living in a shelter for homeless families), (ii) are paying
more than 50 percent of family income for rent, or (iii) are
involuntarily displaced (including displacement because of
disposition of a multifamily housing project under section
203 of the Housing and Community Development Amendments of
1978) at the time they are seeking assistance under this
section.
``(3) Secondary preferences.--Each assistance contract
shall provide that, for any assistance remaining in any 1-
year period after assistance is made available pursuant to
paragraph (2), preference for such assistance shall be given
to families who qualify under a system of local preferences
established by the public housing agency in writing and after
public hearing to respond to local housing needs and
priorities, which may include--
``(A) assisting very low-income families who either reside
in transitional housing assisted under title IV of the
Stewart B. McKinney Homeless Assistance Act or participate in
a program designed to provide public assistance recipients
with greater access to employment and educational
opportunities;
``(B) assisting families in accordance with subsection
(q)(1)(B);
``(C) assisting families identified by local public
agencies involved in providing for the welfare of children as
having a lack of adequate housing that is a primary factor in
the imminent placement of a child in foster care, or in
preventing the discharge of a child from foster care and
reunification with his or her family;
``(D) assisting youth, upon discharge from foster care, in
cases in which return to the family or extended family or
adoption is not available;
``(E) assisting veterans who are eligible and have applied
for assistance, will use the assistance for a dwelling unit
designed for the handicapped, and, upon discharge or
eligibility for discharge from a hospital or nursing home,
have physical disability which, because of the configuration
of their homes, prevents them from access to or use of their
homes; and
``(F) achieving other objectives of national housing policy
as established by law.
A public housing agency may not establish a preference for
assistance that provides preference based on residency in the
jurisdiction of the public housing agency.
``(4) Tenant selection.--Each assistance contract shall
provide that the selection of tenants for such dwelling units
shall be the function of the owner, subject to any provisions
of the annual contributions contract between the Secretary
and the agency. The owner shall use tenant selection
criteria, which shall provide as follows:
``(A) Prohibition of persons engaged in drug activity.--The
criteria shall prohibit any individual or family evicted from
housing assisted under this Act by reason of drug-related
criminal activity from having a preference under any
provision of this paragraph for 3 years unless the evicted
tenant successfully completes a rehabilitation program
approved by the agency or owner. The agency or the owner may
waive the application of the preceding sentence under
standards established by the Secretary, which shall provide
for such waiver for any member of a family of an individual
prohibited from tenancy under this subparagraph who the
agency or owner determines clearly did not participate in and
had no knowledge of such criminal activity or when
circumstances leading to eviction no longer exist.
``(B) Other requirements for project-based assistance.--
With respect only to project-based assistance, the criteria
shall--
``(i) be consistent with the purpose of improving housing
opportunities for very low-income families;
``(ii) be reasonably related to program eligibility and an
applicant's ability to perform the obligations of the
assisted lease;
``(iii) be established in writing; and
``(iv) provide for the owner to promptly provide to any
rejected applicant (I) written notice of the grounds for the
rejection, and (II) an opportunity to meet with the decision
maker to evaluate the validity of the reasons for rejection
and rectify any erroneous decisions.
``(5) Lease provisions.--Each assistance contract shall
provide that the lease between the tenant of any unit and the
owner--
``(A) shall be for at least one year or the term of such
assistance contract, whichever is shorter;
``(B) shall contain other terms and conditions specified by
the Secretary, including provisions meeting the requirements
of paragraphs (6), (7), and (8); and
``(C) shall be in a standard form which is used in the
local housing market area by the owner and which applies
generally to tenants in the property who are not assisted
under this section, together with any addendum necessary to
include in the lease the provisions required under
subparagraph (B).
``(6) General grounds for termination of tenancy.--Each
assistance contract shall provide that the owner shall not
terminate the tenancy of the tenant of any unit except for
serious or repeated violation of the terms and conditions of
the lease, for violation of applicable Federal, State, or
local law, or for other good cause. The withholding of
assistance payments for a dwelling unit pursuant to paragraph
(10) shall not constitute good cause for termination of the
tenancy of the tenant of the unit.
``(7) Termination for activity.--Each assistance contract
shall provide that any activity that threatens the health,
safety, or right to peaceful enjoyment of the premises by
other tenants, any activity that threatens the health,
safety, or right to peaceful enjoyment of their residences by
persons residing in the immediate vicinity of the premises,
or any drug-related criminal activity on or near such
premises, engaged in by a tenant of any unit, any member of
the tenant's household, or any guest or other person under
the tenant's control, shall be cause for termination of
tenancy.
``(8) Notice of termination of tenancy.--Each assistance
contract shall provide that before terminating the tenancy of
any tenant, the owner shall provide written notice to the
tenant specifying the legal and factual grounds for such
action, which shall be provided in accordance with any
requirements under State or local law.
``(9) Maintenance and replacement.--Each assistance
contract shall provide that maintenance and replacement
(including redecoration) shall be performed in accordance
with the standard practice for the building concerned as
established by the owner and agreed to by the agency (or the
Secretary). With the approval of the Secretary, the public
housing agency administering a contract under this section
with respect to existing housing units may exercise all
management and maintenance responsibilities with respect to
the units pursuant to a contract between such agency and the
owner of such units.
``(10) Enforcement of housing quality standards.--
``(A) In general.--Each assistance contract shall provide
for action under this paragraph if a unit assisted under this
section fails to comply with the standards for housing
quality for units so assisted.
``(B) Notification.--If the agency (or the Secretary)
determines that a unit assisted under this section fails to
comply in any material respect with the standards for housing
quality for units so assisted, the agency (or the Secretary)
shall notify the tenant and owner of the unit of the
noncompliance and the possible actions under this paragraph.
``(C) Correction of noncompliance.--The agency may approve
the dwelling unit for assistance under this section, on the
condition that the noncompliance is corrected, if (i) the
agency determines that the noncompliance is minor and can be
corrected within 15 days, (ii) the agency provides notice of
the conditional approval to the owner, (ii) the owner
provides a written commitment to the agency to correct the
noncompliance within the time period required by the agency,
not to exceed 15 days, and (iii) the conditional approval
will expedite the occupancy of an eligible tenant with
assistance under this section. The agency shall reinspect any
unit for which conditional approval is made under this
subparagraph within the period referred to in clause (ii) of
the preceding sentence, and if the agency determines that the
noncompliance is not corrected, the agency may take action
under subparagraph (D).
``(D) Failure to correct serious noncompliance.--If any
serious noncompliance with such standards is not corrected
within a reasonable period of time after such notification,
the agency (or the Secretary) shall withhold some or all of
the assistance amounts under this section with respect to the
unit and promptly--
``(i) use such amounts to make necessary repairs or
contract to have such repairs made;
``(ii) release any withheld amounts to the owner after
repairs are made by the owner, in an amount not exceeding the
cost of the repairs;
``(iii) release any withheld amounts to the applicable
State or local housing agency after repairs are made by such
agency, in an amount not exceeding the cost of the repairs;
or
``(iv) upon the request of the tenant, release any withheld
amounts to--
``(I) the tenant to reimburse the tenant for the reasonable
cost of any necessary repairs performed or paid for by the
tenant; or
``(II) such person secured by the tenant and approved by
the agency (or the Secretary) to make such necessary repairs.
If an agency (or the Secretary) withholds any assistance
amounts pursuant to this subparagraph, the agency (or the
Secretary) shall promptly notify the tenant of the unit for
which assistance is withheld of the withholding and may not
terminate the assistance contract unless and until the tenant
has relocated to decent, safe, and sanitary housing.
``(11) Standards and obligations of residency in housing
receiving project-based assistance.--Each assistance contract
for project-based assistance under subsection (i) shall
provide that the owner shall ensure and maintain compliance
with subtitle C of title VI of the Housing and Community
Development Act of 1992 and any regulations issued under such
subtitle.
``(12) Service coordinators.--In determining the amount of
assistance provided under an assistance contract for tenant-
based assistance under this paragraph, the Secretary may
increase the amount annually provided with respect to such
project to provide for the costs of employing or otherwise
retaining the services of one or more service coordinators
under section 671 of the Housing and Community Development
Act of 1992 to coordinate the provision of any services
within
[[Page 1293]]
the project for residents of the project who are elderly or
disabled families.
``(13) Other.--Each assistance contract shall provide that
the agency and the owner shall carry out such other
appropriate terms and conditions as may be mutually agreed to
by the agency and owner.
``(i) Project-Based Assistance.--
``(1) Authority.--Pursuant to an annual contributions
contract entered into under subsection (b), a public housing
agency may enter into a assistance contract providing for
assistance payments under this section that are attached to a
structure.
``(2) Requirements.--Any public housing agency may approve
project-based assistance under this subsection with respect
to any or all of the assistance provided by the public
housing agency if--
``(A) the owner agrees to rehabilitate the structure other
than with assistance under this Act and the owner otherwise
complies with the requirements of this section; and
``(B) in the case of any newly constructed structure, the
owner or prospective owner agrees to construct the structure
other than with assistance under this Act and otherwise
complies with the requirements of this section.
``(3) Long-term affordability.--
``(A) In general.--In the case of an assistance contract
for project-based assistance under this subsection, a public
housing agency shall enter into a contract with an owner,
contingent upon the future availability of appropriations for
the purpose of renewing expiring contracts for assistance
payments as provided in appropriations Acts, to extend the
term of the underlying assistance contract for such period or
periods as the Secretary determines to be appropriate to
achieve long-term affordability of the housing. The contract
shall obligate the owner to have the extensions of the
assistance contract accepted by the owner and the owner's
successors in interest.
``(B) Term of assistance for low-income housing
preservation.--The contract for assistance may, at the option
of the public housing agency, have an initial term not
exceeding 15 years for any assistance that is attached--
``(i) to projects assisted under a State program that
permits the owner of the projects to prepay a State assisted
or subsidized mortgage on the structure; and
``(ii) for the purpose of providing incentives to owners to
preserve such projects for occupancy by low- and moderate-
income families (for the period that assistance under this
subparagraph is available) and assisting low-income tenants
to afford any increases in rent that may be required to
induce the owner to maintain occupancy in the project by low-
and moderate-income tenants.
Any assistance provided to low-income tenants in the manner
described in this subparagraph shall not be considered for
purposes of the limitation under subsection (h)(2) regarding
the percentage of families that may receive assistance under
this section who do not qualify for preferences under such
subsection.
``(4) Service coordinators.--In determining the amount of
assistance provided under an assistance contract for project-
based assistance under this subsection or a contract for
assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of this Act (as such section existed before October
1, 1983), the Secretary may increase the amount annually
provided with respect to such project to provide for the
costs of employing or otherwise retaining the services of one
or more service coordinators under section 671 of the Housing
and Community Development Act of 1992 to coordinate the
provision of any services within the project for residents of
the project who are elderly or disabled families.
``(j) Termination of Assistance Contracts.--
``(1) Termination of tenant-based assistance.--
``(A) Notice by owner.--Any owner terminating any
assistance contract under this section for tenant-based
assistance shall provide written notice to the public housing
agency and the tenants involved of the proposed termination
not less than 90 days before the termination of the contract.
The notice shall specify the date of the termination and the
reasons for the termination, with detail sufficient to enable
the agency to evaluate whether the termination is lawful.
``(B) Review of notice by pha.--The public housing agency
shall review the notice and issue a written finding of the
legality of the termination and the reasons for the
termination. Within 30 days after issuance of the findings,
the owner shall provide written notice to each tenant of the
decision, together with the written findings of the agency
regarding the termination.
``(2) Termination of project-based assistance contracts.--
``(A) Notice by owner.--Any owner terminating any
assistance contract under subsection (i) for project-based
assistance shall provide written notice to the Secretary and
the tenants involved of the proposed termination not less
than one year before the termination of the contract. The
notice shall specify the date of the termination and the
reasons for the termination, with detail sufficient to enable
the Secretary to evaluate whether the termination is lawful
and whether additional actions can be taken by the Secretary
to avoid the termination. The notice shall include a
statement that the owner and the Secretary may agree to a
renewal of the contract, thus avoiding the termination.
``(B) Review of notice by secretary.--The Secretary shall
review the notice, shall consider whether additional actions
can be taken by the Secretary to avoid the termination, and
shall ensure a proper adjustment of the contract rents for
the project in compliance with the requirements of subsection
(d) and subparagraph (C) of this subsection. The Secretary
shall issue a written finding of the legality of the
termination and the reasons for the termination, including
the actions considered or taken to avoid the termination.
Within 30 days after issuance of the findings, the owner
shall provide written notice to each tenant of the decision,
together with the written findings of the Secretary regarding
the termination. The Secretary and the owner shall complete
the actions under this paragraph not later than the
expiration of the 9-month period beginning upon the date that
the owner provides written notice of termination under
subparagraph (A).
``(3) Adjustment of contract rent.--If an owner provides
notice of proposed termination under paragraph (1)(A) or
(2)(A) and the contract rent is less than the maximum monthly
rent for units assisted under this section, the Secretary
shall adjust the contract rent based on the maximum monthly
rent for units assisted under this section and the value of
the low-income housing.
``(4) Notice of rent increases.--Each assistance contract
for assistance under this section shall require the owner to
notify tenants at least 90 days before the expiration of the
contract of any rent increase which may occur as a result of
the expiration of such contract.
``(5) Definition of termination.--For purposes of this
subsection, the term `termination' means the expiration of
the assistance contract or the refusal of the owner to renew
an assistance contract, which shall include the termination
of tenancy by an owner for business reasons.
``(k) Rental Assistance for Manufactured Housing.--
``(1) In general.--The Secretary may enter into contracts
to make assistance payments under this subsection to assist
low-income families by making rental assistance payments on
behalf of any such family that utilizes a manufactured home
as its principal place of residence. In carrying out this
subsection, the Secretary may--
``(A) enter into annual contributions contracts with public
housing agencies pursuant to which such agencies may enter
into assistance contracts to make such assistance payments to
the owners of such real property, if such owners agree to
make good faith efforts to ensure that such property complies
with local health and safety standards for water and sewage
systems; or
``(B) enter into such contracts directly with the owners of
such real property, if such owners agree to make good faith
efforts to ensure that such property complies with local
health and safety standards for water and sewage systems.
``(2) Use of assistance.--Rental assistance payments under
this subsection may be made with respect to the rental of the
real property on which is located a manufactured home that is
owned by a low-income family or with respect to the rental by
such a family of a manufactured home and the real property on
which it is located.
``(3) Assistance for rental of manufactured home site.--
``(A) Maximum monthly rent.--A contract entered into
pursuant to this paragraph shall establish the maximum
monthly rent (including maintenance and management charges)
that the owner is entitled to receive for the space on which
a manufactured home is located and with respect to which
assistance payments are to be made. The maximum monthly rent
shall not exceed an amount approved or established by the
Secretary.
``(B) Amount of monthly assistance payment.--The amount of
any monthly assistance payment with respect to any family
that rents real property that is assisted under this
paragraph, and on which is located a manufactured home that
is owned by such family shall be the difference between the
rent the family is required to pay under section 3(a) and the
sum of--
``(i) the monthly payment made by such family to amortize
the cost of purchasing the manufactured home;
``(ii) the monthly utility payments made by such family,
subject to reasonable limitations prescribed by the
Secretary; and
``(iii) the maximum monthly rent permitted with respect to
the real property which is rented by such family for the
purpose of locating its manufactured home;
except that in no case may such assistance exceed the total
amount of such maximum monthly rent.
``(4) Assistance for rental of manufactured home and
site.--
``(A) Maximum monthly rent.--Contracts entered into
pursuant to this paragraph shall establish the maximum
monthly rent permitted with respect to the manufactured home
and the real property on which it is located and with respect
to which assistance payments are to be made. The maximum
monthly rent shall not exceed an amount approved or
established by the Secretary.
``(B) Amount of monthly assistance payment.--The amount of
any monthly assistance payment with respect to any family
that rents a manufactured home and the real property on which
it is located and that is assisted under this paragraph shall
be the difference between the rent the family is re-
[[Page 1294]]
quired to pay under section 3(a) and the sum of--
``(i) the monthly utility payments made by such family,
subject to reasonable limitations prescribed by the
Secretary; and
``(ii) the maximum monthly rent permitted with respect to
the manufactured home and real property on which it is
located.
``(5) Adjustment of maximum monthly rents.--The provisions
of paragraphs (3) through (7) of subsection (d) shall apply
to the adjustments of maximum monthly rents under this
subsection.
``(6) Contract term.--Each contract entered into under the
subsection shall be for a term of not less than one month and
not more than 180 months; except that in any case in which
the manufactured home park is substantially rehabilitated or
newly constructed, such term may not be less than 240 months,
nor more than the maximum term for a manufactured home loan
permitted under section 2(b) of the National Housing Act.
``(7) Applicability.--The Secretary may carry out this
subsection without regard to whether the manufactured home
park is existing, substantially rehabilitated, or newly
constructed.
``(8) Limitation on substantially rehabilitated and newly
constructed manufactured home parks.--In the case of any
substantially rehabilitated or newly constructed manufactured
home park containing spaces with respect to which assistance
is made under this subsection, the principal amount of the
mortgage attributable to the rental spaces within the park
may not exceed an amount established by the Secretary which
is equal to or less than the limitation for manufactured home
parks described in section 207(c)(3) of the National Housing
Act, and the Secretary may increase such limitation in high
cost areas in the manner described in such section.
``(9) Other requirements.--The Secretary may prescribe
other terms and conditions necessary for the purpose of
carrying out this subsection and that are consistent with the
purposes of this subsection.
``(l) Single Room Occupancy Facilities.--
``(1) Authority.--In making assistance available under this
section and assistance under section 441 and part V of
subtitle F of title IV of the Stewart B. McKinney Homeless
Assistance Act, the Secretary may provide assistance with
respect to residential properties in which some or all of the
dwelling units do not contain bathroom or kitchen facilities,
if the unit of general local government in which the property
is located and the local public housing agency certify to the
Secretary that the property complies with local health and
safety standards.
``(2) Waiver of limitations on assistance for single
persons.--The Secretary may waive, in appropriate cases, the
limitation and preference in section 3(b)(3)(A) with respect
to the assistance made available under this subsection.
``(m) Housing for Elderly and Disabled Families.--
``(1) Shared housing.--To assist elderly families and
disabled families (as defined in section 3(b)) who elect to
live in a shared housing arrangement in which they benefit as
a result of sharing the facilities of a dwelling with others
in a manner that effectively and efficiently meets their
housing needs and thereby reduces their costs of housing, the
Secretary shall permit assistance provided under this section
to be used by such families in such arrangements. In carrying
out this subsection, the Secretary shall issue minimum
habitability standards for the purpose of ensuring decent,
safe, and sanitary housing for such families while taking
into account the special circumstances of shared housing.
``(2) Priority for nonelderly disabled families.--In
allocating assistance under this section, a public housing
agency that serves more than one unit of general local
government may, at the discretion of the agency, give
priority to disabled families that are not elderly families.
``(3) Authority to provide preferences for the elderly and
reserve units for the disabled.--Notwithstanding subsection
(h)(2) or (3), an owner of a covered section 8 housing
project (as such term is defined in section 659 of the
Housing and Community Development Act of 1992) may give
preference for occupancy of dwelling units in the project,
and reserve units for occupancy, in accordance with subtitle
D of title VI of the Housing and Community Development Act of
1992.
``(n) Administrative Fees.--
``(1) Basic fee for tenant-based rental program.--The
Secretary shall establish a fee for the costs incurred by a
public housing agency in administering the program for rental
assistance under this section, which shall be, together with
other fees authorized under this subsection, included in any
amounts provided to the public housing agency under the
annual contributions contract for the agency. The amount of
the fee for each month for which a dwelling unit is covered
by an assistance contract shall be 8.2 percent of the fair
market rental established under subsection (e) for a 2-
bedroom existing rental dwelling unit in the market area of
the public housing agency. The Secretary may increase the fee
if necessary to reflect the higher costs of administering
small programs and programs operating over large geographic
areas.
``(2) Other fees.--The Secretary shall also establish
reasonable fees (as determined by the Secretary) for--
``(A) the costs of preliminary expenses that a public
housing agency documents it has incurred in connection with
new allocations of assistance under the program for rental
assistance under this section, which shall not exceed $275
per unit assisted;
``(B) the costs incurred in assisting families who
experience difficulty (as determined by the Secretary) in
obtaining appropriate housing under the program; and
``(C) extraordinary costs approved by the Secretary.
``(3) Budget compliance.--The Secretary may establish or
increase a fee in accordance with this subsection only to
such extent or in such amounts as are provided in
appropriation Acts.
``(4) Fees for 1995 and 1996.--Notwithstanding any other
provision of this subsection, the basic fee for the costs
incurred by a public housing agency in administering the
program for rental assistance under this section during
fiscal years 1995 and 1996 shall be equal to the fee
determined for fiscal year 1993 under section 11(a) of the
HUD Demonstration Act of 1993.
``(o) Portability of Assistance.--
``(1) Authority.--Except as provided in paragraphs (3) and
(4), any family on behalf of whom is provided tenant-based
rental assistance under this section and who moves to an
eligible dwelling unit located within the same State, or the
same or a contiguous metropolitan statistical area, as the
metropolitan statistical area within which is located the
area of jurisdiction of the public housing agency approving
the assistance for the family, may use such assistance to
rent such eligible dwelling unit.
``(2) Administration.--The public housing agency having
authority with respect to the dwelling unit to which a family
moves under this subsection shall have the responsibility of
carrying out the provisions of this section with respect to
the family. If no public housing agency has authority with
respect to the dwelling unit to which a family moves under
this subsection, the public housing agency approving the
assistance shall have such responsibility.
``(3) Local option to ensure minimum area residency.--At
the discretion of a public housing agency, the agency may
provide that a family not living within the jurisdiction of a
public housing agency at the time such family applies for or
receives assistance from the agency may use tenant-based
rental assistance under this section to rent an eligible
dwelling unit that is not located within the area of
jurisdiction of the agency approving the assistance only if,
before such use, the family has rented and occupied an
eligible dwelling unit within such original jurisdiction for
not less than 12 consecutive months using assistance provided
by such agency.
``(4) Prohibition of portability in cases of lease
violation.--A family may not use tenant-based rental
assistance as provided in paragraph (1) if the family has
moved from a dwelling unit in violation of the lease for the
dwelling unit.
``(5) Allocations due to portability.--In determining the
amount of rental assistance provided under an annual
contributions contract for any fiscal year, the Secretary
shall consider any reduction in the number of resident
families incurred by a public housing agency in the preceding
fiscal year as a result of the provisions of this subsection.
``(6) Provision of rental assistance for portability
purposes.--
``(A) Amount.--To the extent amounts for assistance under
this section that are reserved under section 213(d)(4) of the
Housing and Community Development Act of 1974 are available
in a fiscal year, the Secretary shall provide rental
assistance under this section in accordance with this
paragraph.
``(B) Use.--Amounts provided for use under this paragraph
shall be used only to provide a public housing agency with
additional amounts (as determined under subparagraph (C)) to
provide assistance for families on behalf of whom assistance
is provided under this section by another public housing
agency and who move into an eligible dwelling unit located
within the area of jurisdiction of the agency to receive
assistance under this paragraph.
``(C) Requirement.--Amounts provided for use under this
paragraph may be made available to a public housing agency in
a fiscal year only if, during such fiscal year, the agency
has provided assistance pursuant to the first sentence of
paragraph (2) on behalf of families who have moved into
eligible dwelling units located within the area of
jurisdiction of the agency in an amount not less than the
lesser of (i) 5 percent of total amount received by the
agency for assistance under this section for the fiscal year,
or (ii) the amount necessary to assist 25 percent of average
annual number of families previously assisted by the agency
who relinquish such assistance in a year (based on the
preceding 3 calendar years).
``(p) Prohibition of Discrimination.--In selecting families
for the provision of assistance under this section, a public
housing agency may not exclude or penalize a family solely
because the family resides in a public housing project.
``(q) Special Uses of Rental Assistance.--
``(1) Assistance for residents of rehabilitated projects.--
In the case of low-income families living in rental projects
rehabilitated under section 17 of this Act or section 533 of
the Housing Act of 1949 before rehabilitation--
``(A) tenant-based rental assistance under this section
shall be provided for families who are required to move out
of their dwell-
[[Page 1295]]
ing units because of the physical rehabilitation activities
or because of overcrowding;
``(B) at the discretion of each public housing agency,
tenant-based rental assistance under this section may be
provided for families who would have to pay more than 30
percent of their adjusted income for rent after
rehabilitation whether they choose to remain in, or to move
from, the project; and
``(C) the Secretary shall allocate tenant-based rental
assistance provided under this section to ensure that
sufficient resources are available to address the physical or
economic displacement, or potential economic displacement, of
existing tenants pursuant to subparagraphs (A) and (B).
``(2) Loan management assistance.--
``(A) In general.--The Secretary may provide assistance
under this section through a loan management program to
assist financially troubled multifamily residential housing
projects (i) subject to mortgages that are insured under the
National Housing Act or mortgages that have been assigned to
the Secretary, (ii) that were held by the Secretary and have
been sold, and (iii) that were assisted under section 202 of
the Housing Act of 1959.
``(B) Eligibility.--The eligibility of a multifamily
residential project for loan management assistance under this
paragraph shall be determined without regard to whether the
project is subsidized or unsubsidized.
``(C) Extension of contract.--The Secretary shall extend
any expiring contract entered into under this section for
loan management assistance or execute a new contract for
project-based loan management assistance, if the owner agrees
to continue providing housing for low-income families during
the term of the contract.
``(3) Assistance for family unification.--
``(A) In general.--The Secretary may provide assistance
under this section to be used only in connection with tenant-
based assistance under this section on behalf of any family
(i) who is otherwise eligible for such assistance, and (ii)
who the public child welfare agency for the jurisdiction has
certified is a family for whom the lack of adequate housing
is a primary factor in the imminent placement of the family's
child or children in out-of-home care or the delayed
discharge of a child or children to the family from out-of-
home care.
``(B) Allocation.--Any amounts made available under this
paragraph shall be allocated by the Secretary through a
national competition among applicants based on demonstrated
need for assistance under this paragraph. To be considered
for assistance, an applicant shall submit to the Secretary a
written proposal containing a report from the public child
welfare agency serving the jurisdiction of the applicant that
describes how a lack of adequate housing in the jurisdiction
is resulting in the initial or prolonged separation of
children from their families, and how the applicant will
coordinate with the public child welfare agency to identify
eligible families and provide the families with assistance
under this paragraph.
``(C) Definitions.--For purposes of this paragraph:
``(i) Applicant.--The term `applicant' means a public
housing agency.
``(ii) Public child welfare agency.--The term `public child
welfare agency' means the public agency responsible under
applicable State law for determining that a child is at
imminent risk of placement in out-of-home care or that a
child in out-of-home care under the supervision of the public
agency may be returned to his or her family.
``(D) Report.--The Secretary shall include in each annual
report of the Secretary under section 8 of the Department of
Housing and Urban Development Act information specify-
ing the number of families assisted pursuant to this
paragraph during the preceding 2-year period and the number
of communities in which such assistance was used, describing
the extent of cooperation between public housing agencies and
public child welfare agencies in timely identifying families
for which such assistance is appropriate and in providing
such assistance, and describing any impediments to providing
such assistance.
``(4) Neighborhood crime fighters assistance.--
``(A) Assistance.--To the extent amounts for assistance
under this section are reserved under section 213(d)(4)(A) of
the Housing and Community Development Act of 1974 for use
under this paragraph, the Secretary may provide such amounts
to any public housing agency approved under subparagraph (C)
to make assistance payments under this paragraph on behalf of
any family described under subparagraph (B) for the rental of
a dwelling unit for the family that, in the determination of
the public housing agency (after consultation with law
enforcement agency concerned) provides for the protection of
the family.
``(B) Eligible families.--A family referred to in
subparagraph (A) shall be any family that--
``(i) contains a member that has provided information to
any Federal, State, or local law enforcement agency that such
law enforcement agency determines substantially contributes
to the arrest, criminal prosecution, or conviction of any
person for any criminal activity in or near the area or
neighborhood in which the person providing the information
resides;
``(ii) is likely, in the determination of such law
enforcement agency, to be subject to a crime of violence
directed at the family on account of providing the
information referred to in clause (i);
``(iii) is legally residing, at the time such information
is provided to the law enforcement agency, in a dwelling unit
in a public housing project administered by a public housing
agency meeting the requirements of subparagraph (C) or in a
dwelling unit assisted under this section by such a public
housing agency; and
``(iv) is not protected or assisted, or to be protected or
assisted, under chapter 224 of title 18, United States Code.
``(C) Eligible pha's.--The Secretary may provide amounts
reserved for use under this paragraph only to public housing
agencies approved by the Secretary under this subparagraph.
The Secretary may approve only agencies that the Secretary
determines have--
``(i) established sufficient cooperation with local law
enforcement agencies to make determinations to provide
assistance under this paragraph; and
``(ii) coordinated with local law enforcement agencies to
promptly inform the public housing agency and the Secretary
of any determination that assistance under this paragraph is
appropriate for a family, except that such coordination shall
be subject to the procedures established under subparagraph
(F)(iii) to ensure confidentiality.
``(D) Guidelines.--
``(i) Determination of need and coordination.--The
Secretary shall establish guidelines jointly with the
Attorney General that--
``(I) describe the types of situations under clauses (i)
and (ii) of subparagraph (B) in which assistance may be
provided under this paragraph, which shall include situations
in which the information referred to in subparagraph (B)(i)
is information regarding any crime that is detrimental to the
health, safety, peace, or security of the area or
neighborhood in which the family providing the information
resides; and
``(II) describe elements of sufficient cooperation between
public housing agencies and law enforcement agencies for
purposes of subparagraph (C)(i).
``(ii) Procedures.--The Secretary shall establish
procedures for public housing agencies approved under
subparagraph (C)--
``(I) to apply for, obtain, and administer amounts reserved
for providing assistance under this paragraph on behalf of
families eligible under subparagraph (B); and
``(II) to provide for the termination of the tenancy of any
family assisted under this paragraph from the dwelling unit
in which the family is residing so that such assistance may
be utilized.
``(E) PHA actions.--Each public housing agency approved by
the Secretary under subparagraph (C) shall--
``(i) periodically notify Federal, State, and local law
enforcement agencies in the area of jurisdiction of the
public housing agency of the availability of assistance under
this paragraph;
``(ii) take such actions as may be appropriate to inform
residents of public housing projects administered by the
agency and dwelling units assisted under this section by the
agency of the availability of such assistance; and
``(iii) coordinate with such law enforcement agencies to
promptly inform the public housing agency and the Secretary
of any determination that assistance under this paragraph is
appropriate for a family, except that such coordination shall
be subject to the procedures established under subparagraph
(F)(iii) to ensure confidentiality.
``(F) Notice and confidentiality.--The Secretary shall--
``(i) periodically notify public housing agencies of the
availability of assistance under this paragraph;
``(ii) encourage public housing agencies to cooperate and
coordinate with law enforcement agencies to encourage
residents of public housing projects and dwelling units
assisted under this section to provide information to law
enforcement agencies regarding criminal activity; and
``(iii) develop and implement procedures to ensure the
confidentiality of the identity and new location of any
family assisted under this paragraph.
``(G) Other assistance.--A public housing agency that
provides assistance under subparagraph (A) for a family and
the law enforcement agency involved shall ensure that the
family is provided access to other assistance and services
appropriate to ensure that the relocation of the family to
the dwelling unit assisted under subparagraph (A) and the
neighborhood of such dwelling unit occurs with the minimum
possible amount of disruption to the life of the family.
``(H) Liability.--The United States, and its officers and
employees, shall not be subject to any civil liability on
account of any decision to provide or not to provide
protection under this paragraph.
``(r) Renewal of Expiring Contracts.--
``(1) 5-year plan.--Not later than 30 days after the
beginning of each fiscal year, the Secretary shall publish in
the Federal Register a plan for reducing, to the extent
feasible, year-to-year fluctuations in the levels of budget
authority that will be required over the succeeding 5-year
period to renew expiring assistance contracts entered into
under this section after the enactment of the Housing and
Community Development Act of 1974. To the extent necessary to
carry out such plan and to the extent approved in
appropriations Acts, the Secretary is authorized to enter
into annual contributions contracts with terms of less than
60 months.
[[Page 1296]]
``(2) New construction and substantial rehabilitation
projects.--Subject only to the availability of budget
authority to carry out this paragraph and to the absence of
owners agreeing to enter into new contracts, the Secretary
shall enter into new contracts under subtitle D of title I of
the Housing and Community Development Act of 1994 to provide
project-based assistance for qualified housing (as such term
is defined in section 163 of such subtitle) to owners of such
housing.
``(s) General Provisions.--
``(1) Pledging assistance contracts as security.--An owner
may pledge, or offer as security for any loan or obligation,
an assistance contract entered into pursuant to this section,
but only if such security is in connection with a project
constructed or rehabilitated pursuant to authority under this
section and the terms of the financing or any refinancing
have been approved by the Secretary.
``(2) Housing counseling for rental choice.--Each public
housing agency that provides rental housing assistance under
this section on behalf of low-income families shall notify
such assisted families of the availability of any entity in
the jurisdiction of the agency providing rental housing
counseling under section 106(a)(4) of the Housing and Urban
Development Act of 1968.
``(t) Homeownership Option.--A public housing agency
providing assistance under this section may, at the option of
the agency, provide assistance for homeownership under this
subsection as follows:
``(1) Use of assistance for homeownership.--A family
receiving tenant-based assistance under this section may
receive assistance for occupancy of a dwelling owned by one
or more members of the family if the family--
``(A) is a first-time homeowner;
``(B)(i) participates in the family self-sufficiency
program under section 23 of the public housing agency
providing the assistance; or
``(ii) demonstrates that the family has income from
employment or other sources (other than public assistance),
as determined in accordance with requirements of the
Secretary, that is not less than twice the fair market rental
for the area established under subsection (e)(1) (or such
other amount as may be established by the Secretary);
``(C) except as provided by the Secretary, demonstrates at
the time the family initially receives tenant-based
assistance under this subsection that one or more adult
members of the family have achieved employment for the period
as the Secretary shall require;
``(D) participates in a homeownership and housing
counseling program provided by the agency; and
``(E) meets any other initial or continuing requirements
established by the public housing agency in accordance with
requirements established by the Secretary.
``(2) Monthly assistance payment.--
``(A) In general.--Notwithstanding any other provisions of
this section governing determination of the amount of
assistance payments under this section on behalf of a family,
the monthly assistance payment for any family assisted under
this subsection shall be the amount by which the fair market
rental for the area established under subsection (e)(1)
exceeds 30 percent of the family's monthly adjusted income;
except that the monthly assistance payment shall not exceed
the amount by which the monthly homeownership expenses, as
determined in accordance with requirements established by the
Secretary, exceeds 10 percent of the family's monthly income.
``(B) Exclusion of equity from income.--For purposes of
determining the monthly assistance payment for a family, the
Secretary shall not include in family income an amount
imputed from the equity of the family in a dwelling occupied
by the family with assistance under this subsection.
``(3) Recapture of certain amounts.--Upon sale of the
dwelling by the family, the Secretary shall recapture from
any net proceeds the amount of additional assistance (as
determined in accordance with requirements established by the
Secretary) paid to or on behalf of the eligible family as a
result of paragraph (2)(B).
``(4) Downpayment requirement.--Each public housing agency
providing assistance under this subsection shall ensure that
each family assisted shall provide from its own resources not
less than 80 percent of any downpayment in connection with a
loan made for the purchase of a dwelling. Such resources may
include amounts from any escrow account for the family
established under section 23(d). Not more than 20 percent of
the downpayment may be provided from other sources, such as
from nonprofit entities and programs of States and units of
general local government.
``(5) Ineligibility under other programs.--A family may not
receive assistance under this subsection during any period
when assistance is being provided for the family under other
Federal homeownership assistance programs, as determined by
the Secretary, which shall include assistance under the HOME
Investment Partnerships Act, the Homeownership and
Opportunity Through HOPE Act, title II of the Housing and
Community Development Act of 1987, and section 502 of the
Housing Act of 1949.
``(6) Inapplicability of certain provisions.--Assistance
under this subsection shall not be subject to the
requirements of the following provisions:
``(A) Subsection (h)(5) of this section.
``(B) Any other provisions of this section governing
maximum amounts payable to owners and amounts payable by
assisted families.
``(C) Any other provisions of this section concerning
contracts between public housing agencies and owners.
``(D) Any other provisions of this Act that are
inconsistent with the provisions of this subsection.
``(7) Reversion to rental status.--
``(A) FHA-insured mortgages.--If a family receiving
assistance under this subsection for occupancy of a dwelling
defaults under a mortgage for the dwelling insured by the
Secretary under the National Housing Act, the family may not
continue to receive rental assistance under this section
unless the family (i) transfers to the Secretary marketable
title to the dwelling, (ii) moves from the dwelling within
the period established or approved by the Secretary, and
(iii) agrees that any amounts the family is required to pay
to reimburse the escrow account under section 23(d)(3) may be
deducted by the public housing agency from the assistance
payment otherwise payable on behalf of the family.
``(B) Other mortgages.--If a family receiving assistance
under this subsection defaults under a mortgage not insured
under the National Housing Act, the family may not continue
to receive rental assistance under this section unless it
complies with requirements established by the Secretary.
``(C) All mortgages.--A family receiving assistance under
this subsection that defaults under a mortgage may not
receive assistance under this subsection for occupancy of
another dwelling owned by one or more members of the family.
``(8) Definition of first-time homeowner.--For purposes of
this subsection, the term `first-time homeowner' means--
``(A) a family, no member of which has had a present
ownership interest in a principal residence during the 3
years preceding the date on which the family initially
receives assistance for homeownership under this subsection;
and
``(B) any other family, as the Secretary may prescribe.
``(u) Definitions.--For purposes of this section:
``(1) Annual contributions contract.--The term `annual
contributions contract' means a contract under subsection (b)
between the Secretary and a public housing agency to provide
amounts for rental assistance payments under this section to
the public housing agency.
``(2) Assistance contract.--The term `assistance contract'
means a contract under subsection (c) between a public
housing agency (or the Secretary) and an owner to make rental
assistance payments under this section to the owner.
``(3) Debt service.--The term `debt service' means the
required payments for principal and interest made with
respect to a mortgage secured by housing assisted under this
Act.
``(4) Drug-related criminal activity.--The term `drug-
related criminal activity' means the illegal manufacture,
sale, distribution, use, or possession with intent to
manufacture, sell, distribute, or use, of a controlled
substance (as such term is defined in section 102 of the
Controlled Substances Act).
``(5) Owner.--The term `owner' means any private person or
entity, including a cooperative, an agency of the Federal
Government, or a public housing agency, having the legal
right to lease or sublease dwelling units, and such term
shall include any principals, general partners, primary
shareholders, and other similar participants in any entity
owning a multifamily housing project (as such term is defined
in subsection (p)(3)), as well as the entity itself.
``(6) Participating jurisdiction.--The term `participating
jurisdiction' means a State or unit of general local
government designated by the Secretary to be a participating
jurisdiction under title II of the Cranston-Gonzalez National
Affordable Housing Act.
``(7) Project-based assistance.--The term `project-based
assistance' means rental assistance under this section that
is attached to a structure pursuant to subsection (i).
``(8) Rent.--The terms `rent' and `rental' include, with
respect to members of a cooperative, the charges under the
occupancy agreements between such members and the
cooperative.
``(9) Rental assistance.--The term `rental assistance'
means assistance provided under this section on behalf of
low-income families for the rental of a dwelling unit.
``(10) Tenant-based assistance.--The term `tenant-based
assistance' means rental assistance under this section that
is not project-based assistance.''.
(b) Conforming Amendments.--
(1) United states housing act of 1937.--The United States
Housing Act of 1937 is amended--
(A) in section 3(a)(1) (42 U.S.C. 1437a(a)(1)), by striking
``(other than a family assisted under section 8(o) or (y) or
paying rent under section 8(c)(3)(B))'' and inserting
``(other than a family assisted under section 8(t) or paying
rent under section 8(f)(2))'';
(B) in section 5 (42 U.S.C. 1437c)--
(i) in subsection (c)(7)(C), by striking ``section
8(b)(1)'' each place it appears and inserting ``section 8'';
(ii) in subsection (j)(1)(B)(i), by striking ``section
8(o)(6)'' and inserting ``section 8''; and
(iii) in subsection (j)(1)(D), by striking ``subsection (b)
or (o) of'';
(C) in section 6(p)(1)(B) (42 U.S.C. 1437d(p)(1)(B)), by
striking ``holding certifi-
[[Page 1297]]
cates and vouchers'' and inserting ``eligible and approved
for assistance'';
(D) in section 21(b)(3)--
(i) by striking ``a certificate under section 8(b)(1) or a
housing voucher under section 8(o)'' and inserting ``tenant-
based assistance under section 8''; and
(ii) by striking ``such certificate'' and inserting ``such
assistance'';
(E) in section 23--
(i) in subsection (a), by striking ``assistance under the
certificate and voucher programs'' and inserting ``tenant-
based assistance'';
(ii) in subsection (b)--
(I) in paragraph (1), by striking ``assistance under
subsection (b) or (o) of'' and inserting ``tenant-based
assistance under''; and
(II) in paragraph (4), by striking ``Assistance under the
certificate or voucher programs'' and inserting ``Tenant-
based assistance'';
(iii) in subsection (c)(1), by striking ``assistance under
the certificate and voucher programs of'' and inserting
``tenant-based assistance from'';
(iv) in subsection (d)(3) (as added by section 185(b) of
the Housing and Community Development Act of 1992 (Public Law
102-550; 106 Stat. 3747)), by striking ``section 8(y)'' and
inserting ``section 8(t)''; and
(v) in subsection (h)(1)--
(I) by striking ``section 8(q) for the costs incurred in
administering the provision of certificate and voucher'' and
inserting ``section 8(n) for the costs incurred in
administering the provision of tenant-based''; and
(II) by striking ``section 8(q)(2)(A)(i)'' and inserting
``section 8(n)(2)(A)''; and
(G) in section 304(g)(3) (42 U.S.C. 1437aaa-3(g)(3)), by
striking ``section 8(b)(2) and section 8(o)(9)'' and
inserting ``section 8''.
(2) Allocation of assisted housing funds.--Section 213 of
the Housing and Community Development Act of 1974 (42 U.S.C.
1439) is amended--
(A) in subsection (d)--
(i) in paragraph (1)(A)(ii), by striking ``section
8(b)(1)'' each place it appears and inserting ``section 8'';
and
(ii) in paragraph (2), by striking ``section 8(d)'' and
inserting ``section 8(i)'';
(B) in subsection (e), by striking ``section 8(b)(1)'' and
inserting ``section 8''.
(3) Supportive housing for elderly families.--Section
801(d)(1)(B) of the Cranston-Gonzalez National Affordable
Housing Act (12 U.S.C. 1701q note) is amended by striking
``section 8(c)(1)'' and inserting ``section 8(e)''.
(4) Elderly independence.--Section 803 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 8012) is
amended--
(A) in subsection (a), by striking ``housing certificates
and vouchers'' and inserting ``assistance under section 8 of
the United States Housing Act of 1937''; and
(B) in subsection (b)--
(i) in the 1st sentence, by striking ``not more than 1,500
incremental vouchers and certificates under sections 8(b) and
8(o) of the United States Housing Act of 1937'' and inserting
``incremental assistance under section 8 of the United States
Housing Act of 1937 on behalf of not more than 1,500 frail
elderly persons'';
(ii) in the 3rd sentence, by striking ``the housing
certificate or voucher program of the agency'' and inserting
``the agency's program for assistance under such section 8'';
and
(iii) in the last sentence, by striking ``sections 8(b) and
8(o)'' and inserting ``section 8''.
(5) Revised congregate housing services.--Section
802(k)(6)(B) of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8011(k)(6)(B)) is amended by striking
``subsection (d)(2)'' and inserting ``subsection (i)''.
(6) Housing for persons with aids.--Subtitle D of title
VIII of the Cranston-Gonzalez National Affordable Housing Act
is amended--
(A) in section 859(a)(2) (42 U.S.C. 12908(a)(2)) by
striking ``section 8(p)'' each place it appears and inserting
``section 8(m)(1)''; and
(B) in section 860(a) (42 U.S.C. 12909(a)), by striking
``section 8(n)'' and inserting ``section 8(l)''.
(7) McKinney act.--Section 441(b) of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C. 11401(b)) is
amended--
(A) by striking ``section 8(n)'' and inserting ``section
8(l)''; and
(B) by adding at the end the following new sentence:
``Moderate rehabilitation under this section shall be carried
out in the manner provided under the provisions of section
8(e) of the United States Housing Act of 1937, as such
section was in effect (pursuant to section 289(b)(2) of the
Cranston-Gonzalez National Affordable Housing Act)
immediately before the enactment of the Housing and Community
Development Act of 1994.''.
(8) Flexible subsidy program.--Section 201 of the Housing
and Community Development Amendments of 1978 (12 U.S.C.
1715z-1a) is amended--
(A) in subsection (m)(2)(A), by striking ``section
8(b)(1)'' and inserting ``section 8''; and
(B) in subsection (o), by striking ``section 8(v)'' and
inserting ``section 8(q)(2)''.
(9) Hud-owned projects.--Section 203 of the Housing and
Community Development Amendments of 1978 (12 U.S.C. 1701z-11)
is amended--
(A) in subsection (e)(1)(D)--
(i) in clause (i)(IV), by inserting before the semicolon
the following: ``, as such section was in effect (pursuant to
section 289(b)(2) of the Cranston-Gonzalez National
Affordable Housing Act) immediately before the enactment of
the Housing and Community Development Act of 1994''; and
(ii) in clause (ii), by striking ``section 8(b)'' and
inserting ``section 8'';
(B) in subsection (g)(2), by striking ``, 8(d)(1)(A)(i),
and 8(o)(3)(B)'' and inserting `` and 8(h)(2)(iii)''; and
(C) in subsection (h)(2), by striking ``section 8(c)'' and
inserting ``section 8(e)''.
(10) Housing access.--Section 204 of the Housing and
Community Development Amendments of 1978 (12 U.S.C. 1701z-12)
is amended by striking ``to a holder of a certificate of
eligibility under that section solely because of such
prospective tenant's status as a certificate holder'' and
inserting ``to a family that is approved for assistance under
such section solely because of such the family's status as
assisted under such section''.
(11) ELIHPA of 1987.--The references in sections
225(b)(3)(D), 226(a)(3), and 228(a)(4) of the Emergency Low
Income Housing Preservation Act of 1987 (as in effect
immediately before the enactment of the Cranston-Gonzalez
National Affordable Housing Act) to section 8(b) of the
United States Housing Act of 1937 shall be considered to
refer to section 8(e) of the United States Housing Act of
1937 (as amended by the Housing and Community Development Act
of 1994).
(12) LIHPRHA of 1990.--Title II of the Housing and
Community Development Act of 1987 (42 U.S.C. 4101 et seq.) is
amended--
(A) in section 215(a)--
(i) in paragraph (1), by striking ``section 8(c)'' and
inserting ``section 8(e)''; and
(ii) in paragraph (2), by striking ``section 8(c)(1)'' and
inserting ``section 8(e)(1)'';
(B) in section 220(d)(3)(B), by striking ``section 8(c)''
and inserting ``section 8(e)'';
(C) in section 222--
(i) in subsection (a)(2)(D), by striking ``section 8(c)''
and inserting ``section 8(e)''; and
(ii) in subsection (d)(2)(C)(i), by striking ``sections
8(b) and 8(o) of the United States Housing Act of 1937 (other
than project-based assistance attached to the housing)'' and
inserting ``tenant-based assistance under section 8 of the
United States Housing Act of 1937'';
(D) in section 223(a), by striking ``the certificate and
voucher programs under sections 8(b) and 8(o)'' and inserting
``section 8''; and
(E) in section 226(b)(6)(B), by striking ``sections
8(d)(1)(A) and 8(o)(3)'' and inserting ``section 8(h)(2)''.
(13) Disaster relief.--
(A) Tenant-based assistance.--Section 931 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 1437c
note) is amended--
(i) in the section heading, by striking ``certificates and
vouchers'' and inserting ``tenant-based assistance''; and
(ii) by striking ``assistance under the certificate and
voucher programs under sections 8 (b) and (o)'' and inserting
``tenant-based assistance under section 8''.
(B) Moderate rehabilitation assistance.--Section 932 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
1437c note) is amended by inserting after ``such Act'' the
following: ``, as such section was in effect (pursuant to
section 289(b)(2) of the Cranston-Gonzalez National
Affordable Housing Act) immediately before the enactment of
the Housing and Community Development Act of 1994,''.
(14) Public housing mincs demonstration.--Section
522(f)(6)(B) of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 1437f note) is amended--
(A) by striking ``assistance under section 8(b)'' and
inserting ``tenant-based assistance under section 8''; and
(B) by striking ``section 8(d)(1)(A)(i)'' and inserting
``section 8(h)(2)''.
(15) Public housing new construction income eligibility.--
Section 545(c)(2) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 1437f note) is amended by
striking ``section 8(d)(1)(A)(ii)'' and inserting ``section
8(h)(3)''.
(16) Section 8 excessive rent burden data.--Section 550(b)
of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 1437f note) is amended--
(A) in paragraph (1), by striking ``under the certificate
and voucher programs established'' and inserting ``with
tenant-based assistance'';
(B) in the first sentence of paragraph (2), by striking ``,
for each'' and all that follows through ``participating in
the program'' and inserting ``the percentage of families
receiving tenant-based assistance''; and
(C) in paragraph (3), by striking ``assistance under the
certicate or voucher program'' and inserting ``tenant-based
assistance under section 8 of the United States Housing Act
of 1937''.
(17) Rural housing preservation grants.--Section 533(a) of
the Housing Act of 1949 (42 U.S.C. 1490m) is amended by
striking ``assistance payments as provided by section 8(o)''
and inserting ``tenant-based assistance payments under
section 8 (including assistance in accordance with section
8(f)(2)''.
(18) Federally assisted housing occupancy standards.--
Section 643(b)(2) of the Housing and Community Development
Act of 1992 (42 U.S.C. 13603(b)(2)) is amended by striking
``section 8(d)(1)'' and inserting ``section 8(h)''.
(19) Reservation of section 8 units for disabled
families.--Section 655 of the Housing and Community
Development Act of 1992 (42 U.S.C. 13615) is amended by
striking ``section 8(d)(1)(A)(i) of the United States Housing
Act of 1937 and the first sentence of section 8(o)(3)(B) of
such Act'' and inserting ``section 8(h)(2) of the United
States Housing Act of 1937''.
[[Page 1298]]
(20) GAO report on lead exposure.--Section 1056(a) of the
Housing and Community Development Act of 1992 (42 U.S.C.
4855) is amended by striking ``subsections (b) and (o) of''.
(21) National housing act.--The National Housing Act is
amended--
(A) in section 203(v) (12 U.S.C. 1709(v)), as added by
section 185(c)(1)(B) of the Housing and Community Development
Act of 1992, by striking ``section 8(y)'' and inserting
``section 8(t)''; and
(B) in section 236(f)(5)(A)(i) (12 U.S.C. 1715z-
1(f)(5)(A)(i)), by striking ``section 8(c)'' and inserting
``section 8(e)''.
(c) Applicability.--The amendments under this section are
made on the date of the enactment of this Act, but shall
apply on and after October 1, 1995, only to assistance under
section 8 of the United States Housing Act of 1937 provided
pursuant to an assistance contract entered into or renewed on
or after such date. Any such assistance provided pursuant to
an assistance contract entered into before such date shall be
subject to the provisions of such section 8 as in effect
immediately before the enactment of this Act or otherwise
applicable to such assistance.
(d) Transition.--
(1) Conversion.--The Secretary may provide for the
conversion of assistance under the certificate and voucher
programs, as such programs existed before the date of the
enactment of this Act, to the certificate program established
under the amendments under this section.
(2) Continuation of assistance.--The Secretary of Housing
and Urban Development shall take any action necessary to
ensure that the provision of assistance under section 8 of
the United States Housing Act of 1937 to families receiving
assistance under such section on the date of the enactment of
this Act is not interrupted because of the amendments under
this section.
(e) Regulations.--The Secretary shall implement the
amendments under this section by regulation issued after
notice and opportunity for public comment.
SEC. 143. INCENTIVES TO REFINANCE HIGH INTEREST MORTGAGES FOR
SECTION 8 PROJECTS.
Section 8 of the United States Housing Act of 1937 (42
U.S.C. 1437f), as amended by the preceding provisions of this
Act, is further amended by adding at the end the following
new subsection:
``(v) Refinancing Incentive.--For a project that (1) was
constructed, substantially rehabilitated, or moderately
rehabilitated under this section, (2) is subject to an
assistance contract under this section, and (3) was subject
to a mortgage that has been refinanced under section
223(a)(7) or section 223(f) of the National Housing Act to
lower the periodic debt service payments of the owner, the
Secretary may pay the owner the amount of the up front costs
to the owner of refinancing. The Secretary may make such
payments only from savings in the amount of assistance
payments, as determined by the Secretary on a project-by-
project basis and after application of amounts in accordance
with section 1012 of the Stewart B. McKinney Homeless
Assistance Amendments Act of 1988, that result from the
refinancing during the first year after the refinancing.''.
SEC. 144. DEMONSTRATION PROGRAM FOR USE OF EXCESS RESIDUAL
RECEIPTS.
(a) In General.--The Secretary of Housing and Urban
Development shall carry out a demonstration program, in
conjunction with State housing agencies, under which the
Secretary, at the request of owners of qualified projects,
makes amounts in the account for residual receipts or excess
amounts for the qualified projects available for use under
model programs to expand the supply of affordable housing.
(b) Limitation.--The Secretary may not make any amounts
available for use under the demonstration program under this
section from the account of a qualified project for residual
receipts or excess amounts unless the amount remaining in the
account, together with replacement reserves for the project,
is sufficient (in the determination of the Secretary) to
maintain, manage, and preserve the project as affordable
housing.
(c) Qualified Projects.--For purposes of this section, the
term ``qualified project'' means a housing project--
(1) assisted with project-based assistance under section 8
of the United States Housing Act of 1937; or
(2) constructed or substantially rehabilitated pursuant to
assistance provided under section 8(b)(2) of the United
States Housing Act of 1937, as such section existed before
November 30, 1983.
SEC. 145. TREATMENT OF CERTAIN PROJECTS.
(a) Conversion of Section 23 Project.--From amounts
available for the conversion of the Tamaqua Highrise project
in the Borough of Tamaqua, Pennsylvania, from a leased
housing contract under section 23 of the United States
Housing Act of 1937 to tenant-based assistance under section
8 of such Act, the Secretary of Housing and Urban Development
shall, to the extent such amounts are made available in
appropriation Acts, enter into an obligation for the
conversion of the project to a project-based rental
assistance contract under section 8 of such Act,
notwithstanding the requirement for rehabilitation or the
percentage limitations under section 8(d)(2) of such Act (as
in effect before the date of the enactment of this Act) and
subparagraph (A) of section 8(i)(2) of such Act (as amended
by section 143 of this Act).
(b) Compliance With Rehabilitation Requirement.--
Rehabilitation activities undertaken by E.T.C. Enterprises in
connection with 16 scattered-site dwelling units that were
rehabilitated to provide housing for low-income families and
are located in Perth Amboy, New Jersey, and rehabilitation
activities undertaken by Pennrose Properties in connection
with 40 dwelling units for senior citizens in the Providence
Square development located in New Brunswick, New Jersey, are
hereby deemed to have been conducted pursuant to the approval
of and an agreement with the Secretary of Housing and Urban
Development under clauses (i) and (ii) of the third sentence
of section 8(d)(2)(A) of the United States Housing Act of
1937 (as in effect before the date of the enactment of this
Act) and subparagraph (A) of section 8(i)(2) of such Act (as
amended by section 143 of this Act).
SEC. 146. STUDY OF EXTENT OF NONPARTICIPATION OF OWNERS AND
LANDLORDS IN SECTION 8 RENTAL ASSISTANCE
PROGRAM.
The Secretary of Housing and Urban Development shall
conduct a study--
(1) to determine the extent to which the requirements of
section 8(p)(2) of the United States Housing Act of 1937 (as
amended by this Act) and section 8(t) of such Act (as in
effect before the enactment of this Act) cause owners of
multifamily rental housing to abstain from entering into
contracts for housing assistance payments under such section;
and
(2) to identify other factors causing owners of such
housing to abstain from entering into such contracts.
In conducting the study, the Secretary shall consult a
significant number of owners in a wide range of areas. The
Secretary shall submit a report to the Congress describing
the results of the study not later than February 1, 1996.
SEC. 147. STUDY OF SECTION 8 HOUSING QUALITY STANDARDS.
The Secretary of Housing and Urban Development shall
conduct a study of the existing standards for housing quality
for dwelling units assisted under the program for rental
assistance under section 8 of the United States Housing Act
of 1937. The study shall determine--
(1) whether the standards are effective in ensuring decent,
safe, and sanitary housing;
(2) how, and the extent to which, the standards are
enforced; and
(3) how the standards or the enforcement of the standards
may be improved.
The Secretary shall submit a report to the Congress not
later than 2 years after the date of the enactment of this
Act describing the results of the study and containing any
recommendations of the Secretary to carry out paragraph (3).
Subtitle D--Renewal of Expiring Contracts for Section 8 New
Construction and Substantial Rehabilitation Projects
SEC. 151. FINDINGS AND PURPOSE.
(a) Congressional Findings.--The Congress finds that--
(1) housing built or substantially rehabilitated pursuant
to section 8 of the United States Housing Act of 1937 is an
important national resource that has provided decent, safe,
and affordable housing to hundreds of thousands of low-income
families who otherwise would not have obtained affordable
housing;
(2) the Federal Government is the steward of this assisted
housing stock and has an affirmative obligation to preserve
it as housing for low-income families, consistent with
considerations of fairness to all interested parties,
including owners, residents, property managers, the community
in which the housing is located, and taxpayers;
(3) because section 8(e)(1) of the United States Housing
Act of 1937 (as in effect prior to November 30, 1983)
provided, for the most part, that contracts to make
assistance payments to owners of newly constructed or
substantially rehabilitated housing financed with assistance
of a loan made by, or insured, guaranteed or intended for
purchase by the Federal Government, other than pursuant to
section 244 of the National Housing Act, could not exceed 20
years and because such housing was constructed or
substantially rehabilitated during the period from 1975 to
1985, a substantial number of contracts that provide for such
assistance will soon expire (with other housing constructed
or substantially rehabilitated pursuant to such section of
law supported through housing assistance contracts of longer
duration, which will expire at a later time);
(4) failure to enter into new housing assistance contracts
under equitable and financially sound terms and conditions
will reduce the supply of decent, safe, and affordable
housing for low-income Americans, while the demonstrated need
for such housing remains great;
(5) in order for the urban and rural population centers of
the United States to regain their viability, the housing
stock in such population centers must be preserved, which
includes preserving housing built or substantially
rehabilitated under section 8 of the United States Housing
Act of 1937;
(6) assisted housing projects located in areas of relative
affluence can promote racial, social, and economic
integration, and such projects should be maintained as part
of the affordable housing inventory to the maximum extent
practicable;
(7) the number of units of housing currently receiving
project-based section 8 assistance should not be reduced as a
result of the expiration of any current contracts; and
(8) the number of households currently assisted by reason
of residence in housing
[[Page 1299]]
projects receiving project-based section 8 assistance should
not be reduced as a result of the expiration of any current
contracts to provide project-based assistance, though some of
the specific families currently living in such housing may
either receive such assistance in another location or become
recipients of tenant-based assistance under appropriate
circumstances (with the preference, as a matter of public
policy, to the continued assistance of such households
through project-based assistance).
(b) Purpose.--It is the purpose of this subtitle to provide
for the preservation of affordable housing constructed or
substantially rehabilitated pursuant to section 8 of the
United States Housing Act of 1937, and to provide affordable
housing opportunities for at least the same number of
families as are provided such housing by reason of their
residence in housing projects receiving project-based
assistance under such section, in a manner that is
administratively efficient, cost-effective, and fair to all
interested parties, including owners, residents, property
managers and the communities in which the housing is located.
SEC. 152. NOTICES OF CONTRACT EXPIRATION AND INTENTION TO
RENEW.
(a) Notice to Owner.--Not later than 27 months before the
date of expiration of an expiring contract (or, in the case
of a qualified project subject to an expiring contract for
which the date of expiration occurs less than 27 months after
the date of the enactment of this Act, not later than 6
months after the date of enactment of this Act), the
Secretary shall notify the owner of the qualified project, in
writing, that the owner has an affirmative obligation
pursuant to subsection (b).
(b) Notice by Owner to Secretary.--Not later than 24 months
before the date of expiration of an expiring contract (or, in
the case of a qualified project subject to an expiring
contract for which the date of expiration occurs less than 27
months after the date of the enactment of this Act, not later
than 9 months after the date of enactment of this Act), the
owner of the qualified project shall simultaneously--
(1) submit to the Secretary written notice stating whether
or not the owner intends to enter into a new contract
pursuant to this subtitle for project-based assistance for
the qualified project; and
(2) submit a copy of the notice to the chief executive
officer of the State or unit of general local government for
the jurisdiction within which the project is located, any
mortgagee of the project, the tenants of the project
(including any resident council for the project), and such
other individuals or entities as the Secretary may require.
(c) Submission of Proposal To Enter Into New Contract.--If
in the notice required by subsection (b) the owner indicates
an intention to enter into a new contract for assistance for
the qualified project, not later than 3 months after
submitting such notice to the Secretary, the owner shall
simultaneously--
(1) submit to the Secretary a proposal specifying terms and
conditions for the new contract, which shall comply with the
requirements for new contracts under this subtitle; and
(2) submit a copy of the notice to the chief executive
officer of the State or unit of general local government for
the jurisdiction within which the project is located, any
mortgagee of the project, the tenants of the project
(including any resident council for the project), and such
other individuals or entities as the Secretary may require.
(d) Capital Needs Assessment.--
(1) Requirement.--Within a reasonable period of time after
receiving a proposal under subsection (c) to enter into a new
contract for a qualified project, the Secretary shall conduct
a comprehensive assessment of the needs of the project to
determine the rehabilitation needs and replacement reserves
necessary to preserve the project during the ensuing 10-year
period.
(2) Content.--The assessment shall obtain the same
information regarding the qualified project that is required
to be contained in a comprehensive needs assessment under
section 403 of the Housing and Community Development Act of
1992 for a covered multifamily housing property subject to
title IV of such Act, shall assess the management performance
for the project, and shall obtain any other information as
the Secretary considers appropriate for purposes of this
subtitle regarding the project, tenants, and market area in
which the project is located.
(e) Tenant and Community Participation.--
(1) Establishment of procedures.--The Secretary shall
establish procedures that provide an opportunity for tenants
of a qualified project (including any resident council) and
other affected parties to participate effectively in the
process established under this section and section 153 to
determine whether and under what terms and conditions a new
contract will be provided for the project or other assistance
will be made available.
(2) Content of procedures.--The procedures established
under this subsection shall include providing timely and
adequate written notice of the proposed decisions of the
owner and the Secretary regarding the qualified project,
timely access to all relevant information (not including
information determined to be proprietary under standards
established by the Secretary), an adequate period to analyze
such information and submit comments to the Secretary (which
the Secretary shall take into consideration in carrying out
this subtitle), and, if requested, arranging meetings with
representatives of the Secretary and the owner.
(3) Applicability.--The procedures established under this
subsection shall provide for the participation of tenants of
a qualified project and other affected parties in at least
the following actions:
(A) Physical inspection of the qualified property under
section 155(b) and determination of capital needs of a
property pursuant to subsection (d).
(B) Any determination under section 154 regarding the owner
of the project.
(C) Review of notice and any proposal submitted by the
owner under subsections (b) and (c) of this section.
(D) Determination of the response of the Secretary under
section 153.
(E) Determination of the terms of any new contract for the
project.
(F) Establishing and carrying out any plan for sale of the
project under section 157(c)(1).
(G) Establishing and carrying out of any plan to provide
assistance under subsection (d) or (e) of section 157.
(4) Minimum period for tenant notification.--The Secretary
shall notify tenants of a qualified project of any agreement
to enter into a new contract for the project or of the
failure to enter into a new contract for the project, as the
case may be, not less than 12 months before the expiration of
expiring contract. If, in the case of a failure to enter into
a new contract for a qualified project, the Secretary fails
to comply with the requirement under the preceding sentence,
the Secretary shall (subject only to the availability of
budget authority) provide such additional assistance as may
be necessary to extend the contract for such 12-month period.
SEC. 153. SECRETARY'S RESPONSE TO OWNER'S PROPOSAL.
(a) Requirement.--Except in the case of an owner who
submits a notice under section 152(b) stating an intention
not to enter into a new contract and in the case of rejection
of an owner's proposal under subsection (c), not later than
90 days after an owner submits a proposal under section
152(c) for a qualified project (or not later than 30 days
after the expiration of the period under section 152(b), in
the case of an owner failing to provide notice under such
subsection), the Secretary shall take action under subsection
(b) to enter into a new contract.
(b) Response to Owner's Proposal.--Subject only to the
availability of budget authority, the Secretary shall take
the following actions:
(1) Status quo contracts.--In the case of a qualified
project for which the maximum monthly rents for units in the
project that are assisted under the expiring contract do not
(24 months before the date of the expiration of the contract)
exceed 110 percent of the fair market rentals for dwelling
units of the applicable sizes and types of dwelling units in
the relevant metropolitan market area and a qualified project
for which the owner agrees to reduce the maximum monthly
rents so that the rents do not exceed 110 percent of such
fair market rentals--
(A) if the owner's proposal under section 152(c) provides
for establishing maximum monthly rents under the contract for
dwelling units in the project pursuant to the procedure under
section 156(a) and otherwise complies with the requirements
of this subtitle, the Secretary shall agree to the owner's
proposal and shall enter into a new contract for the project;
and
(B) if the owner's proposal under section 152(c) does not
provide for establishing maximum monthly rents under the
contract for dwelling units in the project pursuant to the
procedure under section 156(a) or otherwise fails to comply
with the requirements of this title, or the owner has failed
to submit a proposal, the Secretary shall make an offer to
enter into a new contract for the project (by modifying the
owner's proposal under section 152(c), if the owner has
submitted a proposal) and, if the owner accepts, the
Secretary shall enter into such a new contract for the
project.
The Secretary may not offer or agree to enter into a new
contract for a qualified project, or enter into such a
contract, that establishes maximum monthly rents under the
contract for dwelling units in the project pursuant to the
procedure under section 156(a) unless the maximum monthly
rents under the expiring contract for the project meet the
requirements of the matter in this paragraph preceding
subparagraph (A).
(2) Budget-based contracts.--In the case of a qualified
project for which the maximum monthly rents for units in the
project that are assisted under the expiring contract (24
months before the date of the expiration of the contract)
exceed 110 percent of the fair market rentals for dwelling
units of the applicable sizes and types of dwelling units in
the relevant metropolitan market area--
(A) if the owner's proposal under section 152(c) provides
for establishing maximum monthly rents under the contract for
dwelling units in the project pursuant to the procedure under
section 156(b) and otherwise complies with the requirements
of this subtitle, the Secretary shall agree to the owner's
proposal under section 152(c) and shall enter into a new
contract for the project; and
(B) if the owner's proposal under section 152(c) does not
provide for establishing maximum monthly rents under the
contract for dwelling units in the project pursuant to the
procedure under section 156(b) or otherwise
[[Page 1300]]
fails to comply with the requirements of this title, or the
owner has failed to submit a proposal, the Secretary shall
make an offer to enter into a new contract for the project
(by modifying the owner's proposal under section 152(c), if
the owner has submitted a proposal) and, if the owner
accepts, the Secretary shall enter into such a new contract
for the project.
(3) Market rent contracts for high-cost areas.--
Notwithstanding paragraphs (1) and (2), in the case of a
qualified project for which the Secretary determines that the
maximum monthly rents for units in the project offered (or to
be offered) by the Secretary under paragraph (1) or (2), as
applicable, are less than the monthly rents for comparable
units in comparable unassisted housing projects in the
relevant metropolitan market area, the Secretary may offer to
enter into a new contract for the qualified project that
provides for the establishment of the maximum monthly rents
at amounts not exceeding the monthly rents for such
comparable units. Each new contract entered into under this
paragraph shall provide that the maximum monthly rents for
the qualified project shall be adjusted annually by applying
the annual adjustment factor established by the Secretary
under section 156(a)(2) to the entire amount of the maximum
monthly rents.
(4) Contracts for partially assisted projects.--
Notwithstanding paragraphs (1) and (2), in the case of a
qualified project for which assistance is provided under an
expiring contract for some, but not all, of the dwelling
units in the project, the Secretary may offer to enter into a
new contract for the qualified project that provides for the
establishment of the maximum monthly rents for units in the
project assisted under the expiring contract at amounts not
exceeding the sum of (A) the monthly rents for comparable
unassisted units in the project, and (B) an allowance for
unique costs as determined under section 156(b)(1)(G). Each
new contract entered into under this paragraph shall provide
that the maximum monthly rents for the qualified project
shall be adjusted annually by applying the annual adjustment
factor established by the Secretary under section 156(a)(2)
to the entire amount of the maximum monthly rents.
(5) Avoiding overconcentration of low-income housing.--
Notwithstanding paragraphs (1) and (2), with respect to a
qualified project for which the Secretary is to provide a new
contract under either such paragraph, the Secretary may
reduce the number of dwelling units otherwise required to be
assisted under the new contract (pursuant to section
155(a)(3)) if--
(A) the Secretary determines that the project is located in
a market area in which there is a high concentration of
dwelling units occupied by or affordable to very low-income
families;
(B) the Secretary consults with the owner of the project,
the tenants of the project (including any resident council),
and representatives of the community in which the project is
located regarding such reduction and action under
subparagraph (D);
(C) the owner and affected tenants consent to the reduction
and action under subparagraph (D);
(D) the Secretary provides project-based assistance for a
number of dwelling units that is not less than the difference
between the number of units otherwise required to be assisted
under the new contract and the number actually assisted under
the new contract; and
(E) the dwelling units assisted under subparagraph (D) are
located in market areas other than the area in which the
qualified project is located and such areas do not have a
high concentration of dwelling units occupied by or
affordable to very low-income families.
The Secretary shall determine the maximum monthly rents for
dwelling units assisted under subparagraph (D) using the
procedures under paragraph (2) of this subsection and section
156. In determining the maximum monthly rents under the new
contract for any dwelling units in the qualified project, the
allowance under section 156(b)(1)(G) may be increased to
reflect higher costs per unit assisted attributable to
assisting less units.
(c) Rejection of Owner's Proposal.--The Secretary may
reject a proposal submitted pursuant to section 152(c) only
for a reason contained in the regulations issued under
section 154.
(d) Notice of Secretary's Action.--The Secretary shall
simultaneously--
(1) submit written notice of any action under subsection
(b) or (c) to the owner of the qualified project for which
such action is taken; and
(2) submit a copy of the notice to the chief executive
officer of the appropriate State or unit of general local
government for the jurisdiction within which the project is
located, any mortgagee of the project, the tenants of the
project (including any resident council for the project), and
such other individuals or entities as the Secretary may
require.
Notice under this subsection shall be submitted not later
than the expiration of the period for the qualified project
referred to in subsection (a). If the Secretary does not
provide notice to the owner as required under this
subsection, the proposal of the owner shall be considered to
have been accepted without modification. Any notice rejecting
a proposal by the owner shall clearly state the reason for
rejecting the proposal.
(e) Modifications to Owner's Proposal.--The Secretary may
propose modifications to an owner's proposal submitted
pursuant to section 152(c) only to the extent necessary to
make the proposal comply with the requirements under this
subtitle for acceptance by the Secretary.
(f) Limitation on Secretary's Authority to Reject or
Modify.--The Secretary may not reject or propose
modifications to a proposal submitted pursuant to section
152(c) because an enforcement action is pending against the
owner. Notwithstanding any other provision of this subtitle,
in such event, the Secretary shall, subject only to the
availability of budget authority, extend the applicable
expiring contract for the period until the enforcement action
is concluded.
SEC. 154. LIMITATION ON NEW CONTRACTS.
(a) In General.--The Secretary may refuse to enter into a
new contract with the owner of a qualified project if the
Secretary determines that the owner of the project submitting
the proposal has committed--
(1) violations of laws, regulations, regulatory agreements,
or other agreements for which the Secretary may impose
suspension, debarment, civil money penalties, and such other
major forms of enforcement action available to the Secretary
under law; or
(2) other substantial and repeated violations of laws,
regulations, regulatory agreements or other agreements that
have not been cured within a reasonable period of time after
notice was provided to the owner.
(b) Regulations.--Not later than 45 days after the date of
enactment of this Act, the Secretary shall publish for
comment proposed regulations identifying the violations that,
under subsection (a), prohibit the Secretary from entering
into a new contract.
SEC. 155. REQUIRED TERMS OF NEW CONTRACTS.
(a) In General.--The Secretary may accept the proposal of
an owner (made under section 152(c) or negotiations pursuant
to such a proposal), and may propose modifications to such a
proposal and make an offer to enter into a new contract for
qualified housing, only if the agreement provides for a new
contract for the qualified housing that complies with the
following requirements:
(1) Renewal for remaining useful life of property.--A new
contract shall contain binding commitments necessary to
ensure that--
(A) the contract shall be renewed as provided in paragraph
(5) upon expiration for the entire remaining useful life of
the qualified project subject to the contract, subject only
to the availability of budget authority, the provisions of
this subtitle, and the provisions of the contract or law
regarding termination of the contract for cause; and
(B) renewal of the contract under paragraph (5) shall not
alter or affect the terms of the contract.
(2) Project-based assistance.--A new contract shall provide
that the Secretary shall provide project-based assistance
under this subtitle for dwelling units in the qualified
project subject to the contract based upon maximum monthly
rents (including utilities and all maintenance and management
charges) that the owner may receive for the dwelling units.
(3) Low-income occupancy.--A new contract shall provide
that, during the term of the contract, the owner shall make
available for occupancy only by families that (at the time of
their initial occupancy) are low-income families or very low-
income families (as the contract shall provide) the number of
dwelling units in the qualified project subject to the
contract for which assistance is provided under the expiring
contract.
(4) Maintenance of housing.--The new contract shall--
(A) require the owner of the qualified project to maintain
the housing in compliance with housing quality standards
established by the Secretary for housing assisted under
section 8 of the United States Housing Act of 1937;
(B) provide that the provisions of section 8(h)(10) of such
Act shall apply to the qualified project, except that in the
case of a qualified project--
(i) any reference in such section to a public housing
agency shall be construed to refer also to the Secretary; and
(ii) any reference in such section to assistance under
section 8 shall be construed to refer to assistance under a
new contract; and
(C) provide that upon a request by the owner, the Secretary
shall provide for a review of any determination of a serious
noncompliance of the project with such housing quality
standards, which review shall--
(i) determine whether (I) a serious noncompliance has
occurred, (II) the owner was permitted a reasonable period of
time to correct the noncompliance, and (III) the owner has
the responsibility to correct the noncompliance;
(ii) be conducted by an officer or employee of the
Department of Housing and Urban Development who is not the
officer or employee who made the initial determination of the
noncompliance and is not subject to the supervision of such
officer or employee; and
(iii) include a written decision of the finding pursuant to
the review.
(5) Contract term.--A new contract shall have a term of 60
months and shall be renewable for additional 60-month terms
without limitation.
(6) Section 8 requirements.--A new contract shall provide
that the qualified project subject to the contract shall be
subject to the requirements applicable to housing assisted
under section 8(i) of the United States Housing Act of 1937.
(7) Capital needs.--A new contract shall contain such terms
as the Secretary and the
[[Page 1301]]
owner agree to regarding conducting rehabilitation and
replacement activities for the project and may provide
amounts to the owner for meeting immediate rehabilitation and
replacement needs of the qualified project if the Secretary
determines that providing such amounts would be more cost
effective to the Secretary than financing such activities
through increased project debt.
(8) Maximum monthly rents.--A new contract shall provide
that the maximum monthly rents for the project under the
contract shall be the amount determined under section 156
(or, in the case of a new contract entered into under
paragraph (3) or (4) of section 153(b), the amount determined
under such paragraph) upon entering into the contract, and
shall be adjusted annually as provided under such section (or
paragraph (3) or (4) of section 153(b), if applicable),
except that--
(A) the maximum monthly rents shall be redetermined in the
manner provided under sections 153(b) and 156 upon each
renewal of the contract;
(B) the owner of the project may, at any time, submit a
written request to the Secretary for a redetermination of the
maximum monthly rents for the project using the procedure
under section 156(b) and, after such request, the rents shall
be determined using such method for the remainder of the term
of the contract; and
(C) in the case of a project that is subject to a mortgage
insured by the Secretary and for which the maximum monthly
rents under the new contract are determined and adjusted
under section 156(a), if at any time the Secretary determines
that such rents are not sufficient to provide for the sound
operation of the project while maintaining payment of debt
service for the project, the Secretary may require
redetermination of the maximum monthly rents for the project
using the procedure under section 156(b) and, after such
request, the rents shall be determined using such method for
the remainder of the term of the contract and the provisions
of section 159(b) shall apply to the project.
(9) Consideration of tenant concerns.--A new contract shall
provide that the owner of the qualified housing shall--
(A) establish and, in good faith, carry out a procedure,
acceptable to the tenants (including any resident council) of
the project, for tenants to submit to the owner comments,
questions, and requests regarding any issues concerning the
project (including the condition, management, and ownership
of the project); and
(B) make a good faith effort to respond to such comments,
questions, and requests within a reasonable period of time.
(b) Property Inspections and Management Reviews Required by
Secretary.--The Secretary shall conduct an inspection of the
physical condition of each qualified project for which a new
contract is entered into under this subtitle and shall
conduct a review of the management of each such qualified
project, not less than once every 3 years. The Secretary
shall also conduct such an inspection or review of a project
when requested by the unit of general local government for
the jurisdiction in which the project is located or by a
petition signed by not less than 10 percent of the tenants of
occupied units in the project.
SEC. 156. MAXIMUM MONTHLY RENT UNDER NEW CONTRACTS.
(a) Status Quo Rent Determination.--
(1) Procedure.--If the maximum monthly rents under a new
contract for a qualified project are to be established under
this subsection, the rents shall be established at the amount
equal to the maximum monthly rents under the expiring
contract existing at the time 24 months before the date of
the expiration of the contract (or an amount mutually agreed
to by the Secretary and the owner that is less than such
amount).
(2) Rent adjustments.--
(A) In general.--The maximum monthly rents for any
qualified project for which the rents under a new contract
are to be determined under this subsection shall be adjusted
annually by applying the annual adjustment factor established
by the Secretary under subparagraph (B) to the entire amount
of the maximum monthly rents.
(B) Annual adjustment factor.--The annual adjustment factor
shall--
(i) measure the annual change for a market area in the
prevailing unsubsidized market rents for various sizes and
types of dwelling units and shall be based solely on such
measure;
(ii) provide for decreases and increases in the maximum
monthly rents; and
(iii) not provide for adjustment in the maximum monthly
rents based on any factor other than the factor described in
clause (i).
The Secretary shall establish market areas for purposes of
establishing annual adjustment factors under this paragraph.
(3) Service coordinators.--Notwithstanding paragraph (1),
the maximum monthly rents established (and adjusted) under
this subsection for a qualified project shall be increased to
the extent necessary to provide for the total costs of a
service coordinator under section 161 for the project.
(b) Budget-Based Rent Determination.--
(1) Procedure.--If the maximum monthly rents under a new
contract for a qualified project are to be established under
this subsection, the rents shall be established at such a
level or levels that would provide income sufficient to cover
the sum of the following actual and projected costs of
operating the project:
(A) Debt service.--The debt service on any federally-
insured or assisted loans for the qualified project or any
other loans for the project approved by the Secretary at the
time the loans were entered into or subsequently, except that
the Secretary may provide that such debt service shall not
include--
(i) any debt service attributable to any equity loan
insured under section 241(f) of the National Housing Act or
any similar loan made for the purposes of liquidating the
equity of the owner in the qualified project; and
(ii) if the Secretary requires refinancing of debt under
section 159 and the owner does not refinance as provided in
such section, any debt service relating to such debt in
excess of the amount that the Secretary determines is
appropriate under prevailing market conditions at the time
such refinancing was required to occur.
(B) Operating expenses.--The operating expenses for the
qualified project, including costs of measures to reduce or
control crime, and the total costs of a service coordinator
under section 161 for the project.
(C) Reserves.--An amount for adequate reserves for the
qualified project, as determined pursuant to a comprehensive
needs assessment for the project prepared and approved in
accordance with title IV of the Housing and Community
Development Act of 1992 or in such other manner as the
Secretary may require.
(D) Allowance for losses.--An allowance for potential
operating losses of the qualified project caused by vacancies
and failure to collect rents, which shall be an amount equal
to 5 percent of any rental income from the project (including
any amounts paid in rent for utilities).
(E) Distribution to owner.--An allowance for a distribution
to the owner of the qualified project, which shall be an
amount for each dwelling unit in the project equal to the
higher of--
(i) $350 per year; or
(ii) 6 percent of the fair market rental for dwelling units
of the applicable size and type in the relevant metropolitan
market area.
(F) Tenant organization.--An amount for technical
assistance to the resident council (if any) of the qualified
project or for technical assistance in organizing or
operating a resident council, which shall be an amount equal
to $20 per dwelling unit in the project per year. The
Secretary shall provide that such amounts shall not be made
available to the owner but shall be accessible only by
resident councils or by tenants for establishment or
operation of resident councils.
(G) Allowance for unique costs.--An allowance for unique
costs specific to and characteristic of qualified housing or
other housing for low-income families receiving project-based
assistance from the Secretary, in the amount agreed to by the
Secretary and the owner.
(H) Allowance for high-rent areas.--If the Secretary
determines that the prevailing rents in the market area in
which a qualified project is located exceed the fair market
rentals for dwelling units of the applicable sizes and types
of dwelling units in the relevant metropolitan market area--
(i) an allowance may be provided (at the discretion of the
Secretary) in an amount necessary to provide maximum monthly
rents under this subsection in an amount equal to the
prevailing market rents in the area; and
(ii) an allowance in the amount referred to in clause (i)
shall be provided if the Secretary determines that there is a
lack of sufficient housing in the market area in which the
project is located that is affordable to low-income families.
(2) Rent adjustments.--
(A) In general.--The maximum monthly rents for any
qualified project for which the rents under a new contract
are to be determined under this subsection shall be adjusted
annually by applying the operating cost adjustment factor
established by the Secretary under subparagraph (B) to the
entire amount of the maximum monthly rents.
(B) Operating cost adjustment factor.--The operating cost
adjustment factor for any 12-month period shall be equal to--
(i) the percent increase or decrease, if any, in the
Consumer Price Index published for the 6th month preceding
the beginning of such period over such index published for
the 18th month preceding such period, adjusted to the nearest
\1/10\ of 1 percent; or
(ii) any other equivalent measure of change in operating
costs determined by the Secretary.
For purposes of this subparagraph, the term ``Consumer Price
Index'' means the Consumer Price Index for All Urban
Consumers, United States City Average, Housing Component,
prepared by the Bureau of Labor Statistics of the Department
of Labor.
(C) Excessive adjustments.--The Secretary may require the
owner of a qualified project for which a new contract has
been provided to submit a proposal in the manner provided
under paragraph (3) for redetermination of maximum monthly
rents for the project if--
(i) not less than 2 rent adjustments have been made
pursuant to subparagraph (A) for the project;
(ii) an intervening redetermination of maximum monthly
rents for the project pursuant to paragraph (1) has not
occurred; and
(iii) the Secretary determines that the rents resulting
from the rent adjustments are materially in excess of the
rents necessary to support the costs for the project
described in paragraph (1).
[[Page 1302]]
If pursuant to such a redetermination the Secretary
determines that the rents for the project are greater than
the amount described in clause (iii), the Secretary may
reduce the maximum monthly rents for the project to the
amount described in clause (iii), effective on the first day
of the month following written notification by the Secretary
to the owner of such new rents.
(3) Timing.--If the Secretary requests an owner of a
qualified project or a project for which a new contract is to
be provided to submit a proposal for maximum monthly rents
based on costs described in paragraph (1) and the owner fails
to submit such a proposal during the 90-day period beginning
upon receipt of such request, the Secretary may establish the
maximum monthly rents for the project based on such
information as is available to the Secretary from the owner's
most recent audited financial statements, without the
agreement of the owner.
(4) Additional information from owner.--The owner of a
qualified project (including a project for which a new
contract has been provided) may, at any time, submit to the
Secretary information regarding prevailing rent levels for
comparable dwelling units in the relevant metropolitan market
area and the Secretary shall consider such information in
making any determinations or agreements under this subsection
regarding the project.
SEC. 157. ACTIONS IN CASES OF FAILURE TO ENTER INTO NEW
CONTRACT.
(a) Notice.--If--
(1) the owner of a qualified project indicates, in the
notice required under section 152(b), an intention not to
enter into a new contract,
(2) the Secretary and the owner fail to agree to enter into
a new contract after a reasonable period of negotiation, or
(3) the Secretary refuses to enter into a new contract with
the owner pursuant to section 154,
the Secretary shall provide notice containing the information
under subsection (b) to the owner, the chief executive
officer of the State or unit of general local government for
the jurisdiction within which the project is located, any
mortgagee of the project, the tenants of the project
(including any resident council for the project), and such
other individuals or entities as the Secretary considers
appropriate.
(b) Contents of Notice.--Notice under subsection (a) shall
identify the qualified project, state the intention of the
Secretary to enter into a new contract for the project with
an owner of the project acceptable to the Secretary, state
that the Secretary may take either of the actions authorized
under subsection (c) with respect to the project, and propose
maximum monthly rents for the project subject to the
requirements of sections 153(b) and 156.
(c) Attempted Sale of Project.--After providing notice
under subsection (b) for a qualified project--
(1) the Secretary shall negotiate with the owner and other
interested parties to develop a plan for sale of the project
in a timely manner to a new owner who agrees to enter into a
new contract with the Secretary and who may be a nonprofit or
for-profit entity, a State or local governmental entity, a
tenant (or group of tenants) or a resident council; a new
contract under this paragraph may be provided pursuant to the
loan management program under section 8(q)(2) of the United
States Housing Act of 1937 or a contract through a public
housing agency for project-based assistance under section
8(i) of such Act; and
(2) notwithstanding paragraph (1), the Secretary may
acquire the qualified project by condemnation, under judicial
process, pursuant to the first section of the Act of August
1, 1888 (Chapter 728, 25 Stat. 357; 40 U.S.C. 257).
(d) Failure to Sell Project.--
(1) Transfer of project-based assistance to other
housing.--If, after providing notice under subsection (b) for
a qualified project and making reasonable efforts under
subsection (c)(1) the Secretary fails to enter into a new
contract for the project (and determines that action under
subsection (c)(2) is not appropriate), the Secretary shall,
subject only to the availability of budget authority and the
absence of qualified requests for such assistance, provide
project-based rental assistance for at least the same number
of dwelling units in housing located within the same market
area as the qualified project as were assisted under the
expiring contract for the project. Tenants of the qualified
project shall be offered initial occupancy in dwelling units
assisted pursuant to this paragraph.
(2) Consultation.--In providing project-based assistance
under this subsection, the Secretary shall consult with
nonprofit and for-profit entities, State and local
governmental entities, and tenants and any resident council
of the project, regarding acquisition and operation of
housing to be assisted under this subsection.
(e) Assistance for Project Tenants.--
(1) Right to receive assistance.--If, in the notice
required by section 152(b), the owner indicates a preference
not to enter into a new contract or the Secretary fails to
enter into a new contract for the project, the Secretary
shall provide assistance under paragraphs (2) and (3),
subject only to the availability of budget authority, for
each family who on the date occurring 12 months before the
expiration of the expiring contract resides in a dwelling
unit in the project that is assisted under the expiring
contract.
(2) Type of assistance.--Assistance required under this
paragraph shall be provided, as determined by the Secretary,
in one of the following forms:
(A) Tenant-based assistance.--Assistance may be provided as
tenant-based rental assistance under the provisions of
section 8(b) of the United States Housing Act of 1937, as in
effect on June 1, 1994, except that in providing such
assistance the Secretary shall increase the maximum monthly
rental amount to the extent necessary to permit families
remain in the dwelling unit they occupy in the qualified
project or to obtain a comparable dwelling unit in the same
market area.
(B) Occupancy in a unit receiving project-based
assistance.--The family may be offered occupancy of an
available dwelling unit that is assisted under a contract
pursuant to subsection (c)(1) or (d).
(3) Relocation assistance.--Assistance required under this
section is assistance to the tenant of a qualified project in
the amount of the total cost of relocating to a unit assisted
under paragraph (2).
SEC. 158. CONTRACT EXTENSION.
Subject to the availability of budget authority, the
Secretary may extend any expiring contract in force on the
date of enactment of this Act, under identical terms and
conditions, for not more than 24 months if the Secretary
determines that such extension is necessary to protect
tenants of the qualified project subject to the contract or
the General Insurance Fund established under section 519 of
the National Housing Act, except that--
(1) the authority under this section may be exercised only
once for any contract or qualified project; and
(2) such authority may not be exercised for a qualified
project for which the owner has provided timely notification
under section 152(b) indicating an intention not to enter
into a new contract for the project, unless the owner
expressly agrees to the extension or the Secretary is taking
action pursuant to section 152(e)(5) or 153(f).
SEC. 159. FINANCING AND RESTRUCTURING UNDERLYING DEBT AND
TREATMENT OF RESIDUAL RECEIPTS.
(a) In General.--Before entering into a new contract with a
present or future owner of a qualified project, the Secretary
shall encourage and, subject to the exceptions in subsection
(d), may require--
(1) the restructuring of debt if the costs to the Federal
Government of such restructuring are less than the costs
incurred by the Federal Government under a contract for
assistance under section 8 of the United States Housing Act
of 1937 at the project's current debt level; and
(2) the refinancing of all debt that is financed at a rate
250 basis points in excess of prevailing market rates for
debt with a similar maturity.
Any project refinancing or debt restructuring shall be
accompanied by a corresponding reduction in the maximum
monthly rents for the project. The authority of the Secretary
under this section to restructure or refinance mortgages
shall be effective for any fiscal year only to such extent or
in such amounts as are or have been provided for such costs
in appropriation Acts for such fiscal year.
(b) FHA-Insured Projects.--Subject to the exceptions set
forth in subsection (d), the Secretary shall require an owner
of a project subject to a mortgage insured by the Secretary
which is to be assisted under a new contract to certify that
any debt that, in the determination of the Secretary, meets
the conditions of paragraph (1) or (2) of subsection (a) will
be restructured or refinanced, as applicable.
(c) State-Financed Projects.--The Secretary shall establish
procedures to inform State agencies that insure or finance
mortgages of the provisions of this subtitle, and shall
encourage such agencies to refinance or otherwise restructure
debt which meets the conditions of paragraph (1) or (2) of
subsection (a).
(d) Exceptions.--The Secretary shall not require the
refinancing or debt restructuring of any project, if--
(1) the project was financed through obligations issued by
a State or local housing agency or the Government National
Mortgage Association and such refinancing or debt
restructuring is inconsistent with applicable law or
agreements governing such financing; and
(2) in the Secretary's determination, the refinancing will
not result in significant savings to the Department of
Housing and Urban Development or to the mortgagor.
(e) Discretionary Assistance.--To facilitate renewal
consistent with this section and section 156(b), the
Secretary may, from amounts appropriated under this
subtitle--
(1) pay the owner's nonmortgageable transaction costs;
(2) provide the State insuring agency or the mortgagee with
an equitable share of the savings recaptured from the
refinancing;
(3) apply a share of the savings recaptured from the
refinancing to the project's reserves or capital expenses;
(4) bifurcate the note to leave a first note serviceable
within rents reflective of the local market; and
(5) assist in financing a project's rehabilitation needs
through the provision of up-front grants from--
(A) residual receipts distributed to the Secretary;
(B) the budget authority provided for increases in new
contracts to pay for rehabilitation, if the Secretary
determines that the
[[Page 1303]]
provision of such grants in addition to rental assistance
under section 8 of the United States Housing Act of 1937
would be cost-effective; and
(C) savings resulting from refinancing or otherwise
restructuring the debt.
(f) Residual Receipts.--
(1) In general.--Residual receipts distributed to the
Secretary shall be retained by the Secretary for use under
this subtitle.
(2) Expedited acquisition.--The Secretary may expedite the
acquisition of residual receipts for a qualified project by
entering into an agreement with the owner of the project that
provides--
(A) for the owner to retain a portion of any residual
receipts accumulated for the project, which shall not to
exceed 15 percent of such accumulated receipts;
(B) for the Secretary to acquire the portion of the
accumulated residual receipts for the project not retained by
the owner not less than 12 months before the expiration of
the expiring contract for the project, unless the Secretary
provides otherwise; and
(C) for any residual receipts accumulated for the project
after the date of the acquisition under subparagraph (B) to
be distributed to the owner and the Secretary, and to be
acquired periodically by the Secretary, in the same
percentages as the residual receipts for the project are
distributed pursuant to subparagraphs (A) and (B).
SEC. 160. RETENTION OF PROGRAM SAVINGS BY SECRETARY.
Any savings achieved through implementation of the
provisions of this Act, except for such savings made
available to State or local housing agencies pursuant to
section 159, shall be retained by the Secretary to increase
affordable housing opportunities, in such manner as may be
determined by statute, or as may be determined by the
Secretary.
SEC. 161. SUPPORTIVE SERVICES AND TECHNICAL ASSISTANCE.
(a) Provision of Service Coordinator.--
(1) Requirement.--Each owner of a qualified project or a
project for which a new contract has been provided shall
provide, to the extent amounts are available pursuant to
paragraph (2) or another provision of this subtitle, that the
project is served (on a full- or part-time basis in a manner
approved by the Secretary) by a service coordinator under
section 671 of the Housing and Community Development Act of
1992. The preceding sentence shall apply only after the
expiration of the 270-day period beginning on the date of the
enactment of this Act.
(2) Payment of costs.--Notwithstanding any other provision
of law, the salary and other costs associated with employing
a service coordinator shall be considered an eligible project
expense for a qualified project which may be fully funded
under the expiring contract, as provided by the Secretary.
(b) Technical Assistance.--
(1) Required assistance.--Using a portion of any amounts in
an account for residual receipts established for a qualified
project and any amounts made available for new contracts
under this subtitle, the Secretary shall (subject to the
availability of such amounts) provide for technical
assistance for tenants of the project (including any resident
councils), nonprofit organizations, nonprofit developers of
affordable housing, and State and local governmental agencies
to the extent necessary to--
(A) develop the capacity and ability of such entities to
carry out activities pursuant to this subtitle; and
(B) assist such entities in preparing submissions,
proposals, and such other documents and entering into
contracts, agreements, and other arrangements involved in
such activities.
(2) Use of existing program for delivery.--The Secretary
may provide technical assistance under this subsection with
respect to qualified projects through the program and
procedures established under subtitle C of the Low-Income
Housing Preservation and Resident Homeownership Act of 1990
(as added by section 312 of the Housing and Community
Development Act of 1992) for technical assistance with
respect to eligible low-income housing.
SEC. 162. DELEGATION OF AUTHORITY.
The Secretary may delegate the authority of the Secretary
under this subtitle, as the Secretary considers appropriate,
to officials of States and units of general local government,
who may also act as contract administrators under applicable
law.
SEC. 163. DEFINITIONS.
For purposes of this subtitle--
(1) the term ``expiring contract'' means any contract for
assistance under section 8 of the United States Housing Act
of 1937 pursuant to the authority referred to in paragraph
(7)(A) of this subsection;
(2) the term ``fair market rental'' means the fair market
rental established pursuant to the authority under--
(A) section 8(c)(1) of the United States Housing Act of
1937, as such section existed before the date of the
enactment of this Act; or
(B) section 8(e) of the United States Housing Act of 1937,
as in effect after the date of the enactment of this Act;
(3) the terms ``low-income family'' and ``very low-income
family'' have the meanings given the terms in section 3 of
the United States Housing Act of 1937;
(4) the term ``maximum monthly rents'' means, with respect
to a new contract for a qualified project, the maximum
monthly rent that the owner is entitled to receive for
dwelling units in the project assisted under the new
contract;
(5) the term ``new contract'' means--
(A) a contract pursuant to this subtitle to provide
project-based assistance for a qualified project; and
(B) a contract pursuant to the provisions of subsection (d)
or (e)(2)(B) of section 157 or section 153(b)(5);
(6) the term ``owner'' includes the current or subsequent
owner or owners of a qualified project;
(7) the terms ``qualified project'' and ``project'' mean a
multifamily housing project that--
(A) was constructed or substantially rehabilitated pursuant
to assistance provided under section 8(b)(2) of the United
States Housing Act of 1937, as such section existed before
November 30, 1983; and
(B) is assisted under an expiring contract;
(8) the term ``relevant metropolitan market area'' means,
with respect to a qualified project, a standard metropolitan
area established by the Director of the Office of Management
and Budget or a portion of such an area determined
appropriate by the Secretary for purposes of this subtitle,
in which a project is located or, in the case of a project
not located in a standard metropolitan area, which is the
nearest such area to the project;
(9) the term ``remaining useful life'' means, with respect
to a qualified project, the period during which the physical
characteristics of the project remain in a condition suitable
for occupancy, assuming normal maintenance and repairs are
made and major systems and capital components are replaced as
becomes necessary, as determined on the record after
opportunity for a hearing, in accordance with standards for
determining when the useful life of an eligible low-income
housing project has expired that are established by the
Secretary by rule under section 553 of title 5, United States
Code;
(10) the term ``resident council'' means any democratically
operated organization of tenants of a qualified project; and
(11) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
SEC. 164. REGULATIONS.
The Secretary shall issue any final regulations necessary
to carry out this subtitle, which shall take effect not later
than 6 months after the date of the enactment of this Act.
The regulations shall be issued after notice and opportunity
for public comment in accordance with the procedure under
section 553 of title 5, United States Code, applicable to
substantive rules (notwithstanding subsections (a)(2),
(b)(B), and (d)(3) of such section).
SEC. 165. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this subtitle for
which amounts are not provided under section 5(c) of the
United States Housing Act of 1937.
Subtitle E--Homeownership Programs
SEC. 171. HOPE HOMEOWNERSHIP PROGRAMS.
(a) Authorization of Appropriations and Technical
Assistance.--
(1) In general.--Section 402 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12870) is amended
by striking subsections (a) and (b) and inserting the
following new subsection:
``(a) Homeownership Programs.--There are authorized to be
appropriated for grants under this title $100,000,000 for
fiscal year 1995 and $100,000,000 for fiscal year 1996, which
shall be available for activities authorized under subtitles
B and C. Such amounts shall also be available for
implementation grants under title III of the United States
Housing Act of 1937, except that not more than $25,000,000
may be used for the purpose under this sentence and such
amounts may only be used for implementation grants to
applicants who have successfully completed planning grants
under such title. Any amounts appropriated pursuant to this
subsection shall remain available until expended.''.
(b) HOPE II Matching Requirements.--Section 423(c)(1) of
the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12873(c)) is amended by striking ``33 percent'' and
inserting ``25 percent''.
(c) Eligibility Under HOPE III of Homes on Leased Land
Owned by Community Land Trusts.--Section 446(4) of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12896(4)) is amended--
(1) by inserting ``(A)'' before ``owned''; and
(2) by inserting before the period at the end the
following: ``, or (B) located on leased land owned by a
community land trust (as such term is defined in section 233
of the HOME Investment Partnerships Act)''.
SEC. 172. NATIONAL HOMEOWNERSHIP FUND.
Subtitle A of title III of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12701 note) is amended to
read as follows:
``Subtitle A--National Homeownership Fund
``SEC. 301. SHORT TITLE.
``This subtitle may be cited as the `National Homeownership
Fund Act'.
``SEC. 302. AUTHORITY.
``The Secretary of Housing and Urban Development may make
grants under this subtitle to States (including State housing
finance agencies), local housing finance agencies, and
nonprofit housing intermediaries to provide assistance, in
accordance with the provisions of this subtitle, for the
acquisition of principal residences for first-time homebuyers
(including homebuyers buying shares in limited equity
cooperatives).
``SEC. 303. ELIGIBLE ASSISTANCE.
``A grantee may use amounts received under this subtitle
only to provide assistance
[[Page 1304]]
to first-time homebuyers in the following manners:
``(1) Downpayment assistance.--Assistance payments to
provide amounts for the downpayment (including closing costs
and other costs payable at the time of closing) on a mortgage
for the homebuyer.
``(2) Second mortgage assistance.--Assistance payments to
provide loans that have such terms for payment of interest
and principal as may be determined by the grantee.
``(3) Capitalization of revolving loan funds.--To establish
revolving loan funds (or to make grants to public
organizations or agencies to establish such funds) to provide
homeownership assistance to eligible first-time homebuyers in
accordance with the provisions of this subtitle. Any grantee
under this subtitle (and any subgrantee of such a grantee)
shall provide an equal amount of local investment for such
revolving loan fund and any proceeds or repayments from loans
made under this paragraph shall be returned to the revolving
loan fund established under this paragraph to be used for
purposes related to this section.
``(4) Interest rate buydowns.--Assistance payments so that
the rate of interest payable on a mortgage by the homebuyer
does not exceed 6 percent.
``SEC. 304. ELIGIBILITY REQUIREMENTS.
``(a) Homebuyer.--Assistance may be provided only to
homebuyers meeting the following requirements:
``(1) First-time homebuyer.--The homebuyer is an individual
who--
``(A)(i) (and whose spouse) has had no ownership in a
principal residence during the 3-year period ending on the
date of purchase of the property with respect to which
assistance payments are made under this subtitle;
``(ii) is a displaced homemaker who, except for owning a
home with his or her spouse or residing in a home owned by
the spouse, meets the requirements of clause (i); or
``(iii) is a single parent who, except for owning a home
with his or her spouse or residing in a home owned by the
spouse while married, meets the requirements of clause (i);
and
``(B) meets the requirements of subparagraph (A)(i), (ii),
or (iii), except for owning, as a principal residence, a
dwelling unit whose structure is not permanently affixed to a
permanent foundation in accordance with local or other
applicable regulations.
``(2) Maximum income of homebuyer.--The aggregate annual
income of the homebuyer and the members of the family of the
homebuyer residing with the homebuyer, for the 12-month
period preceding the date of the application of the homebuyer
for assistance under this subtitle, does not exceed 115
percent of the median income for a family of 4 persons
(adjusted by family size) in the applicable metropolitan
statistical area (or such other area that the Secretary
determines for areas outside of metropolitan statistical
areas). The Secretary shall provide for certification of such
income for purposes of initial eligibility for assistance
payments under this subtitle.
``(b) Mortgage.--Assistance may be provided only for
mortgages meeting the following requirements:
``(1) Principal residence.--The property subject to the
mortgage is a single-family residence or unit in a
cooperative (including any manufactured home park owned by
residents or owned by nonprofit organizations for future
ownership by residents) or condominium, or a single family
residence located on leased land owned by a community land
trust, and is the principal residence of the homebuyer.
``(2) Maximum mortgage amount.--The principal obligation of
the first mortgage and any second mortgage assistance
provided under this subtitle does not exceed the principal
amount that could be insured under section 203(b) of the
National Housing Act with respect to a property having the
same number of dwelling units.
``(c) Minimum Downpayment.--For first-time homebuyers to
receive downpayment assistance under section 303(a)(1), the
homebuyer shall have paid not less than 1 percent of the cost
of acquisition of the property (excluding any mortgage
insurance premiums paid at the time the mortgage is insured),
as such cost is estimated by the Secretary.
``SEC. 305. COUNSELING REQUIREMENTS.
``Each grantee under this subtitle shall ensure that each
homebuyer receiving assistance under this subtitle from the
grantee (or any subgrantee of such grantee) shall be provided
prepurchase and postpurchase homeownership counseling from
individuals certified by the Secretary under section 106(e)
of the Housing and Urban Development Act of 1968.
``SEC. 306. ALLOCATION OF GRANT AMOUNTS.
``(a) In General.--The Secretary may make a grant under
this subtitle only to a State (including a State housing
finance agency), local housing finance agency, or nonprofit
housing intermediary that submits to the Secretary an
application under this section that is approved by the
Secretary. Applications shall be made in such form and in
accordance with such procedures as the Secretary shall
establish.
``(b) Minimum Requirements.--An application under this
section shall contain a plan that describes how the applicant
will achieve the objectives of this subtitle. The application
shall include--
``(1) a description of the geographic area, including the
revitalization area included, to be covered by the program to
provide assistance under this subtitle;
``(2) the characteristics of the households to be served by
the program;
``(3) a description and evidence of the commitment of other
public and private resources to be made available in the
revitalization area and other areas in which homebuyers
receive assistance under this subtitle;
``(4) a description of any secondary market and private
mortgage insurance involvement and commitment in connection
with assistance under this subtitle;
``(5) a description of how prepurchase and postpurchase
counseling will be provided to homebuyers assisted under this
subtitle;
``(6) a description of any restrictions on resale and
profits;
``(7) a description of existing affordable housing programs
and resources available to undertake rehabilitation of
properties when needed;
``(8) a description of the process for award and
disbursement of assistance to homebuyers; and
``(9) a description of the history of the applicant in
undertaking similar projects.
``(c) Selection.--The Secretary shall allocate amounts
available in any fiscal year for assistance under this
subtitle to States (including State housing finance
agencies), local housing finance agencies, or nonprofit
housing intermediaries for homebuyers through a national
competition in accordance with criteria established by the
Secretary. The criteria shall include the extent to which the
applicant has experience in providing homeownership
opportunities for low- and moderate-income households.
``(d) Targeting for Revitalization Areas.--Each grantee
under this subtitle shall use not more than 50 percent of any
amounts received under this subtitle for assistance under
section 303(a) for homebuyers purchasing residences in
revitalization areas using mortgages insured under section
203(b) of the National Housing Act.
``SEC. 307. REPORT.
``Not later than 18 months after the date of the issuance
of final regulations pursuant to section 310, the Secretary
shall submit to the Congress a report stating the amount of
loans made in revitalization areas and in other areas, the
amount of loans insured under the National Housing Act made
in connection with assistance under this section and the
amount of privately insured loans made in connection with
such assistance, and an analysis of the effectiveness of such
assistance in assisting first-time homebuyers.
``SEC. 308. DEFINITIONS.
``For purposes of this subtitle:
``(1) Assistance.--The term `assistance' means--
``(A) any downpayment assistance provided under section
303(1);
``(B) any second mortgage loan provided under section
303(2);
``(C) any loan provided from a revolving fund established
under section 303(3); and
``(D) any payment for buydown of an interest rate provided
under section 303(4).
``(2) Community land trust.--The term `community land
trust' has the meaning given the term in section 233 of the
Cranston-Gonzalez National Affordable Housing Act.
``(3) Displaced homemaker.--The term `displaced homemaker'
means an individual who--
``(A) is an adult;
``(B) has not worked full-time, full-year in the labor
force for a number of years, but has during such years,
worked primarily without remuneration to care for the home
and family; and
``(C) is unemployed or underemployed and is experiencing
difficulty in obtaining or upgrading employment.
``(4) Revitalization area.--The term `revitalization area'
means--
``(A) an empowerment zone or enterprise community approved
under Subchapter U of Chapter 1 of the Internal Revenue Code
of 1986, or an equivalent State-approved enterprise zone; and
``(B) a neighborhood that, in the determination of the
Secretary, is targeted by a unit of general local government
for revitalization using coordinated affordable housing
programs and enhanced supportive services.
``(5) Nonprofit housing intermediary.--The term `nonprofit
housing intermediary' means a nonprofit organization that the
Secretary determines has among its principal purposes
activities described in clauses (1) and (2) of section 802(a)
of the Housing and Community Development Act of 1974.
``(6) Single parent.--The term `single parent' means an
individual who--
``(A) is unmarried or legally separated from a spouse; and
``(B)(i) has 1 or more minor children for whom the
individual has custody or joint custody; or
``(ii) is pregnant.
``(7) Secretary.--The term `Secretary' means the Secretary
of Housing and Urban Development.
``(8) State.--The term `State' means the States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana
Islands, Guam, the Virgin Islands, American Samoa, and any
other territory or possession of the United States.
``(9) State housing finance agency.--The term `State
housing finance agency' has the meaning given the term in
section 802(b) of the Housing and Community Development Act
of 1974.
``(10) Local housing finance agency.--The term `local
housing finance agency' means a housing finance agency of any
city, county,
[[Page 1305]]
town, township, parish, village, or other general purpose
subdivision of a State, or of any combination of such
political subdivisions recognized by the Secretary, or any
other agency or instrumentality of such an entity that
carries out activities described in section 303.
``SEC. 309. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for assistance
under this subtitle $115,000,000 for fiscal year 1995 and
$215,000,000 for fiscal year 1996. Any amount appropriated
under this section shall remain available until expended.
``SEC. 310. REGULATIONS.
``Not later than 10 days after the date of the enactment of
the Housing and Community Development Act of 1994, the
Secretary shall issue an interim rule to implement this
subtitle. The Secretary shall issue final regulations
necessary to implement this subtitle not later than 90 days
after issuance of such interim rule.''.
SEC. 173. SECTION 235 MORTGAGE REFINANCING.
Section 235(r) of the National Housing Act (12 U.S.C.
1715z(r)) is amended--
(1) in paragraph (2)(C), by inserting after ``refinanced''
the following: ``, plus the costs incurred in connection with
the refinancing as described in paragraph (4)(B) to the
extent that the amount for those costs is not otherwise
included in the interest rate as permitted by subparagraph
(E) or paid by the Secretary as authorized by paragraph
(4)(B)'';
(2) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by inserting
after ``otherwise)'' the following: ``and the mortgagee (with
respect to the amount described in subparagraph (A))''; and
(B) in subparagraph (A), by inserting after ``mortgagor''
the following: ``and the mortgagee''; and
(3) by amending paragraph (5) to read as follows:
``(5) The Secretary shall use amounts of budget authority
recaptured from assistance payments contracts relating to
mortgages that are being refinanced for assistance payments
contracts with respect to mortgages insured under this
subsection. The Secretary may also make such recaptured
amounts available for incentives under paragraph (4)(A) and
the costs incurred in connection with the refinancing under
paragraph (4)(B). For purposes of subsection (c)(3)(A), the
amount of recaptured budget authority that the Secretary
commits for assistance payments contracts relating to
mortgages insured under this subsection and for amounts paid
under paragraph (4) shall not be construed as unused.''.
SEC. 174. HOUSING COUNSELING FOR HOMEOWNERSHIP AND RENTAL
HOUSING CHOICE.
(a) Extensions of Programs.--
(1) Emergency homeownership counseling.--Section 106(c)(9)
of the Housing and Urban Development Act of 1968 (12 U.S.C.
1701x(c)(9)) is amended by striking ``September 30, 1994''
and inserting ``September 30, 1996''.
(2) Prepurchase and foreclosure-prevention counseling
demonstration.--Section 106(d)(13) of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701x(d)(13)) is amended
by striking ``fiscal year 1994'' and inserting ``fiscal year
1996''.
(b) Authorization of Appropriations.--Section 106 of the
Housing and Urban Development Act of 1968 (12 U.S.C. 1701x)
is amended--
(1) in subsection (a), by striking paragraph (3);
(2) in subsection (c)--
(A) by striking paragraph (8); and
(B) by redesignating paragraph (9) (as amended by
subsection (a)) as paragraph (8);
(3) in subsection (d)--
(A) by striking paragraph (12); and
(B) by redesignating paragraph (13) (as amended by
subsection (a)) as paragraph (12);
(4) in subsection (f), by striking paragraph (7); and
(5) by adding at the end the following new subsection:
``(g) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$62,000,000 for fiscal year 1995 and $65,000,000 for fiscal
year 1996, of which amounts $30,000,000 shall be available in
each such fiscal year to carry out subsection (c). Any
amounts appropriated pursuant to this subsection shall remain
available until expended.''.
(c) Outreach.--Section 106(a) of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701x(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``The'' and inserting ``Activities.--The'';
(B) in the matter preceding clause (i), by inserting ``or
consortia of organizations'' after ``organizations'';
(C) in clause (iii), by striking ``and'' at the end;
(D) in clause (iv), by striking the period at the end and
inserting a semicolon; and
(E) by inserting at the end the following new clauses:
``(v) the provision of outreach activities designed to
improve the access of low- and moderate-income households to
homeownership and sources of mortgage credit;
``(vi) the provision of counseling to applicants for and
recipients of tenant-based assistance to enable such families
to move to areas of mixed incomes; and
``(vii) counseling and advice to tenants and homeowners
regarding understanding financial practices, matters, and
transactions commonly engaged in by, or involving, tenants
and homeowners, including activities and services provided by
banks and other financial institutions, extension of credit,
standard lending practices, checking accounts and check
cashing, and savings accounts, which shall be made available
in such manners and languages appropriate for low-income and
disadvantaged families residing in the area in which the
entity providing the counseling and advice is located.'';
(2) in paragraph (2)--
(A) by striking ``The'' and inserting ``Eligible
Homeowners.--The''; and
(B) in the second sentence, by inserting ``or consortia of
organizations'' after ``organizations''; and
(3) by inserting after paragraph (2) the following new
paragraphs:
``(3) Homeownership Counseling.--The Secretary of Housing
and Urban Development may contract with national, State, or
community-based entities (including local community action
agencies receiving assistance under the Community Services
Block Grant Act), and consortia of such entities, and local
public or private organizations (including public housing
agencies), to carry out activities under paragraph (1)(v).
Contractors shall be selected on a competitive basis, in
accordance with selection criteria determined by the
Secretary. The contractors shall carry out activities
prescribed by the Secretary, including activities such as--
``(A) assisting homebuyers by working with mortgage lending
entities to make mortgage credit available to low- and
moderate-income homebuyers;
``(B) leveraging Federal funds with other sources of
funding to support activities under its counseling program,
including leveraging private, community-based resources for
the purpose of assisting prospective mortgagors achieve
homeownership;
``(C) conducting outreach and marketing to prospective
homebuyers, particularly homebuyers in targeted neighborhoods
with a high proportion of low- and moderate-income and
minority renter households;
``(D) coordinating a prepurchase homeownership strategy
that includes linking other counseling providers and
community-based organizations approved by the Secretary,
assisting prospective homebuyers to repair credit, educating
potential homebuyers on the requirements of homeownership,
providing technical assistance, assisting in the packaging of
mortgage loan applications, and matching a family's resources
with appropriate government and private sector homeownership
assistance programs; and
``(E) creating post-purchase counseling programs that
include default-prevention counseling to assist homebuyers to
retain their homes.
``(4) Rental Counseling.--The Secretary of Housing and
Urban Development may contract with national, State, or
community-based entities (including local community action
agencies receiving assistance under the Community Services
Block Grant Act), and consortia of such entities, and local
public or private organizations (including public housing
agencies), to carry out activities under paragraph (1)(vi).
Contractors shall be selected on a competitive basis, in
accordance with selection criteria determined by the
Secretary. The contractors shall carry out activities
prescribed by the Secretary, including activities such as--
``(A) advising families on strategies for obtaining
appropriate housing;
``(B) providing transportation assistance and other
services to give families access to areas without high
concentrations of persons living in poverty;
``(C) continuing advice and counseling to assist families
after moving to areas without high concentrations of persons
living in poverty; and
``(D) undertaking aggressive outreach to potential owners
to expand the availability of housing in areas without high
concentrations of persons living in poverty.
Each entity receiving assistance pursuant to this paragraph
shall make counseling and assistance under this paragraph
available to low-income families who are referred to the
entity pursuant to section 8(s)(2) of the United States
Housing Act of 1937, including counseling and assistance
regarding housing opportunities in the area of jurisdiction
of the public housing agency involved and assistance in
obtaining new rental residences in areas within such
jurisdiction not having high concentrations of persons living
in poverty.''.
(d) Notification.--Subparagraph (C) of section 106(c)(5) of
the Housing and Urban Development Act of 1968 is amended to
read as follows:
``(C) Notification.--Notification under subparagraph (A)
shall not be required with respect to any loan for which the
eligible homeowner pays the amount overdue before the
expiration of the 45-day period under subparagraph
(B)(ii).''.
Subtitle F--Other Programs
SEC. 181. COMMUNITY PARTNERSHIPS AGAINST CRIME.
(a) Short Title, Purposes, and Authority to Make Grants.--
Chapter 2 of subtitle C of title V of the Anti-Drug Abuse Act
of 1988 (42 U.S.C. 11901 et seq.) is amended by striking the
chapter heading and all that follows through section 5123 and
inserting the following:
``CHAPTER 2--COMMUNITY PARTNERSHIPS AGAINST CRIME
``SEC. 5121. SHORT TITLE.
``This chapter may be cited as the `Community Partnerships
Against Crime Act of 1994'.
[[Page 1306]]
``SEC. 5122. PURPOSES.
``The purposes of this chapter are to--
``(1) improve the quality of life for the vast majority of
law-abiding public housing residents by reducing the levels
of fear, violence, and crime in their communities;
``(2) substantially expand and enhance the Federal
Government's commitment to eliminating crime in and around
public housing and other federally assisted low-income
housing;
``(3) broaden the scope of the Public and Assisted Housing
Drug Elimination Act of 1990 to apply to all types of crime,
and not simply crime that is drug-related;
``(4) encourage the involvement of a broad range of
community-based groups and residents of neighboring housing
that is owned or assisted by the Secretary in the development
and implementation of anti-crime plans;
``(5) reduce crime and disorder in and around public
housing through the expansion of community-oriented policing
activities and problem solving;
``(6) provide training, information services, and other
technical assistance to program participants; and
``(7) establish a standardized assessment system to
evaluate need among public housing agencies and to measure
progress in reaching crime reduction goals.
``SEC. 5123. AUTHORITY TO MAKE GRANTS.
``The Secretary of Housing and Urban Development may make
grants in accordance with the provisions of this chapter for
use in eliminating crime in and around public housing and
other federally assisted low-income housing projects to (1)
public housing agencies, and (2) private, for-profit and
nonprofit owners of federally assisted low-income housing. In
designing the program for grants under this chapter, the
Secretary shall consult with the Attorney General.''.
(b) Eligible Activities.--
(1) In general.--Section 5124(a) of the Anti-Drug Abuse Act
of 1988 (42 U.S.C. 11903(a)) is amended--
(A) in the matter preceding paragraph (1), by inserting
``and around'' after ``used in'';
(B) in paragraph (3), by inserting before the semicolon the
following: ``, including fencing, lighting, locking, and
surveillance systems'';
(C) in paragraph (4), by striking subparagraph (A) and
inserting the following new subparagraph:
``(A) to investigate crime; and'';
(D) in paragraph (6)--
(i) by striking ``in and around public or other federally
assisted low-income housing projects''; and
(ii) by striking ``and'' after the semicolon; and
(E) by striking paragraph (7) and inserting the following
new paragraphs:
``(7) providing funding to nonprofit public housing
resident management corporations and resident councils to
develop security and crime prevention programs involving site
residents;
``(8) the employment or utilization of one or more
individuals, including law enforcement officers, made
available by contract or other cooperative arrangement with
State or local law enforcement agencies, to engage in
community- and problem-oriented policing involving
interaction with members of the community in proactive crime
control and prevention activities;
``(9) programs and activities for or involving youth,
including training, education, recreation and sports, career
planning, and entrepreneurship and employment activities and
after school and cultural programs; and
``(10) service programs for residents that address the
contributing factors of crime, including programs for job
training, education, drug and alcohol treatment, and other
appropriate social services.''.
(2) Other pha-owned housing.--Section 5124(b) of the Anti-
Drug Abuse Act of 1988 (42 U.S.C. 11903(b)) is amended--
(A) in the matter preceding paragraph (1)--
(i) by striking ``drug-related crime in'' and inserting
``crime in and around''; and
(ii) by striking ``paragraphs (1) through (7)'' and
inserting ``paragraphs (1) through (10)''; and
(B) in paragraph (2), by striking ``drug-related'' and
inserting ``criminal''.
(c) Grant Procedures.--Section 5125 of the Anti-Drug Abuse
Act of 1988 (42 U.S.C. 11904) is amended to read as follows:
``SEC. 5125. GRANT PROCEDURES.
``(a) PHA's With 250 or More Units.--
``(1) Grants.--In each fiscal year, the Secretary shall
make a grant under this chapter from any amounts available
under section 5131(b)(1) for the fiscal year to each of the
following public housing agencies:
``(A) New applicants.--Each public housing agency that owns
or operates 250 or more public housing dwelling units and
has--
``(i) submitted an application to the Secretary for a grant
for such fiscal year, which includes a 5-year crime
deterrence and reduction plan under paragraph (2); and
``(ii) had such application and plan approved by the
Secretary.
``(B) Renewals.--Each public housing agency that owns or
operates 250 or more public housing dwelling units and for
which--
``(i) a grant was made under this chapter for the preceding
Federal fiscal year;
``(ii) the term of the 5-year crime deterrence and
reduction plan applicable to such grant includes the fiscal
year for which the grant under this subsection is to be made;
and
``(iii) the Secretary has determined, pursuant to a
performance review under paragraph (4), that during the
preceding fiscal year the agency has substantially fulfilled
the requirements under subparagraphs (A) and (B) of paragraph
(4).
``(2) 5-year crime deterrence and reduction plan.--Each
application for a grant under this subsection shall contain a
5-year crime deterrence and reduction plan. The plan shall
describe, for the public housing agency submitting the plan--
``(A) the nature of the crime problem in public housing
owned or operated by the public housing agency;
``(B) the building or buildings of the public housing
agency affected by the crime problem;
``(C) the impact of the crime problem on residents of such
building or buildings; and
``(D) the actions to be taken during the term of the plan
to reduce and deter such crime, which shall include actions
involving residents, law enforcement, and service providers.
The term of a plan shall be the period consisting of 5
consecutive fiscal years, which begins with the first fiscal
year for which funding under this chapter is provided to
carry out the plan.
``(3) Amount.--In any fiscal year, the amount of the grant
for a public housing agency receiving a grant pursuant to
paragraph (1) shall be the amount that bears the same ratio
to the total amount made available under section 5131(b)(1)
as the total number of public dwelling units owned or
operated by such agency bears to the total number of dwelling
units owned or operated by all public housing agencies that
own or operate 250 or more public housing dwelling units that
are approved for such fiscal year.
``(4) Performance review.--For each fiscal year, the
Secretary shall conduct a performance review of the
activities carried out by each public housing agency
receiving a grant pursuant to this subsection to determine
whether the agency--
``(A) has carried out such activities in a timely manner
and in accordance with its 5-year crime deterrence and
reduction plan; and
``(B) has a continuing capacity to carry out such plan in a
timely manner.
``(5) Submission of applications.--The Secretary shall
establish such deadlines and requirements for submission of
applications under this subsection as the Secretary
determines appropriate for timely and orderly allocation and
disbursement of amounts made available for grants under this
subsection.
``(6) Review and determination.--The Secretary shall review
each application submitted under this subsection upon
submission and shall approve the application unless the
application and the 5-year crime deterrence and reduction
plan are inconsistent with the purposes of this chapter or
any requirements established by the Secretary or the
information in the application or plan is not substantially
complete. Upon approving or determining not to approve an
application and plan submitted under this subsection, the
Secretary shall notify the public housing agency submitting
the application and plan of such approval or disapproval.
``(7) Disapproval of applications.--If the Secretary
notifies an agency that the application and plan of the
agency is not approved, not later than the expiration of the
15-day period beginning upon such notice of disapproval, the
Secretary shall also notify the agency, in writing, of the
reasons for the disapproval, the actions that the agency
could take to comply with the criteria for approval, and the
deadlines for such actions.
``(8) Failure to approve or disapprove.--If the Secretary
fails to notify an agency of approval or disapproval of an
application and plan submitted under this subsection before
the expiration of the 60-day period beginning upon the
submission of the plan or fails to provide notice under
paragraph (7) within the 15-day period under such paragraph
to an agency whose application has been disapproved, the
application and plan shall be considered to have been
approved for purposes of this section.
``(b) PHA's With Fewer Than 250 Units and Owners of
Federally Assisted Low-Income Housing.--
``(1) Applications and plans.--To be eligible to receive a
grant under this chapter, a public housing agency that owns
or operates fewer than 250 public housing dwelling units or
an owner of federally assisted low-income housing shall
submit an application to the Secretary at such time, in such
manner, and accompanied by such additional information as the
Secretary may require. The application shall include a plan
for addressing the problem of crime in and around the housing
for which the application is submitted, describing in detail
activities to be conducted during the fiscal year for which
the grant is requested.
``(2) Grants for pha's with fewer than 250 units.--In each
fiscal year the Secretary may, to the extent amounts are
available under section 5131(b)(2), make grants under this
chapter to public housing agencies that own or operate fewer
than 250 public housing dwelling units and have submitted
applications under paragraph (1) that the Secretary has
approved pursuant to the criteria under paragraph (4).
``(3) Grants for federally assisted low-income housing.--In
each fiscal year the Secretary may, to the extent amounts are
available under section 5131(b)(3), make grants under this
chapter to owners of federally assisted low-income housing
that have submitted applications under paragraph (1) that the
[[Page 1307]]
Secretary has approved pursuant to the criteria under
paragraphs (4) and (5).
``(4) Criteria for approval of applications.--The Secretary
shall determine whether to approve each application under
this subsection on the basis of--
``(A) the extent of the crime problem in and around the
housing for which the application is made;
``(B) the quality of the plan to address the crime problem
in the housing for which the application is made;
``(C) the capability of the applicant to carry out the
plan; and
``(D) the extent to which the tenants of the housing, the
local government, local community-based nonprofit
organizations, local tenant organizations representing
residents of neighboring projects that are owned or assisted
by the Secretary, and the local community support and
participate in the design and implementation of the
activities proposed to be funded under the application.
In each fiscal year, the Secretary may give preference to
applications under this subsection for housing made by
applicants who received a grant for such housing for the
preceding fiscal year under this subsection or under the
provisions of this chapter as in effect immediately before
the date of the enactment of the Housing and Community
Development Act of 1994.
``(5) Additional criteria for federally assisted low-income
housing.--In addition to the selection criteria under
paragraph (4), the Secretary may establish other criteria for
evaluating applications submitted by owners of federally
assisted low-income housing, except that such additional
criteria shall be designed only to reflect--
``(A) relevant differences between the financial resources
and other characteristics of public housing authorities and
owners of federally assisted low-income housing; or
``(B) relevant differences between the problem of crime in
public housing administered by such public housing agencies
and the problem of crime in federally assisted low-income
housing.''.
(d) Definitions.--Section 5126 of the Anti-Drug Abuse Act
of 1988 (42 U.S.C. 11905) is amended--
(1) by striking paragraphs (1) and (2);
(2) in paragraph (4), by striking ``section'' before
``221(d)(4)'';
(3) by redesignating paragraphs (3) and (4) (as so amended)
as paragraphs (1) and (2), respectively; and
(4) by adding at the end the following new paragraph:
``(3) Public housing agency.--The term `public housing
agency' has the meaning given the term in section 3(b) of the
United States Housing Act of 1937.''.
(e) Implementation.--Section 5127 of the Anti-Drug Abuse
Act of 1988 (42 U.S.C. 11906) is amended by striking
``Cranston-Gonzalez National Affordable Housing Act'' and
inserting ``Housing and Community Development Act of 1994''.
(f) Reports.--Section 5128 of the Anti-Drug Abuse Act of
1988 (42 U.S.C. 11907) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(a) Reports by Grantees.--The Secretary'';
(2) by striking ``drug-related crime in'' and inserting
``crime in and around'';
(3) by striking ``described in section 5125(a)'' and
inserting ``for the grantee submitted under subsection (a) or
(b) of section 5125, as applicable''; and
(4) by adding at the end the following new subsection:
``(b) Reports by Secretary.--For each fiscal year in which
the Secretary makes grants under this chapter, the Secretary
shall submit a report to the Congress describing the progress
achieved in crime deterrence and reduction in the public
housing and federally assisted low-income housing for which
such grant assistance has been provided. The report shall
include any recommendations of the Secretary for changes in
the program of assistance under this chapter.''.
(g) Technical Assistance and Funding.--Chapter 2 of
subtitle C of title V of the Anti-Drug Abuse Act of 1988 is
amended by striking section 5130 (42 U.S.C. 11909) and
inserting the following new sections:
``SEC. 5130. TECHNICAL ASSISTANCE.
``(a) In General.--To the extent amounts are made available
under section 5131(c), the Secretary may provide training,
information services, and other technical assistance to
public housing agencies and other entities with respect to
their participation in the program under this chapter, which
shall include activities under subsection (b) of this
section. Such technical assistance may be provided directly
by the Secretary or indirectly pursuant to grants, contracts,
or cooperative agreements.
``(b) Use.--The Secretary may use amounts available for use
under this section--
``(1) to establish and operate the clearinghouse on drug
abuse in public housing and the regional training program on
drug abuse in public housing under sections 5143 and 5144 of
this Act;
``(2) to obtain assistance in establishing and managing
assessment and evaluation criteria and specifications and to
obtain the opinions of experts in relevant fields; and
``(3) upon the request of a public housing agency, to
assist the agency in evaluating the extent of the crime
problem in any public housing administered by the agency and
preparing a 5-year crime deterrence and reduction plan under
section 5125(a) or an application and plan under section
5125(b)(1), which assistance may include providing personnel
and funding to identify and secure local resources to assist
in deterring and reducing crime.
``(c) Priority.--In selecting entities to receive technical
assistance under this section, the Secretary shall give
priority to public housing agencies that have submitted
applications and plans under section 5125 that the Secretary
has determined do not meet the requirements for approval for
assistance under this chapter.
``SEC. 5131. FUNDING.
``(a) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this chapter $300,000,000 for
fiscal year 1995 and $325,000,000 for fiscal year 1996. Any
amount appropriated under this subsection shall remain
available until expended.
``(b) Allocation.--Of any amounts available, or that the
Secretary is authorized to use, to carry out this chapter in
any fiscal year that remain after reserving amounts for use
under subsection (c)--
``(1) 85 percent shall be available only for assistance
pursuant to section 5125(a) to public housing agencies that
own or operate 250 or more public housing dwelling units;
``(2) 10 percent shall be available only for assistance
pursuant to section 5125(b)(2) to public housing agencies
that own or operate fewer than 250 public housing dwelling
units; and
``(3) 5 percent shall be available only for assistance to
federally assisted low-income housing pursuant to section
5125(b)(3).
Any other provision of law enacted before or after the date
of the enactment of the Housing and Community Development Act
of 1994 that limits the authority of the Secretary to use
amounts to carry out this chapter upon the apportionment of
such amounts in a manner not provided for in this subsection
shall not be effective.
``(c) Set-Aside for Technical Assistance.--Of any amount
made available in fiscal years 1994 and 1995 to carry out
this chapter, the Secretary shall use not more than
$10,000,000 in each such fiscal year to provide technical
assistance under section 5130.''.
(h) Conforming Amendments.--The table of contents in
section 5001 of the Anti-Drug Abuse Act of 1988 (Public Law
100-690; 102 Stat. 4295) is amended--
(1) by striking the item relating to the heading for
chapter 2 of subtitle C and inserting the following:
``Chapter 2--Community Partnerships Against Crime'';
(2) by striking the item relating to section 5122 and
inserting the following new item:
``Sec. 5122. Purposes.'';
(3) by striking the item relating to section 5125 and
inserting the following new item:
``Sec. 5125. Grant procedures.'';
and
(4) by striking the item relating to section 5130 and
inserting the following new items:
``Sec. 5130. Technical Assistance.
``Sec. 5131. Funding.''.
SEC. 182. LOW-INCOME HOUSING PRESERVATION.
(a) Assistance and Incentives.--Section 234 of the Housing
and Community Development Act of 1987 (12 U.S.C. 4124) is
amended to read as follows:
``SEC. 234. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated
for assistance and incentives authorized under this subtitle
$358,000,000 for fiscal year 1995 and $450,000,000 for fiscal
year 1996.
``(b) Grants.--Subject to approval in appropriation Acts,
not more than $40,000,000 of the amounts made available under
subsection (a) for fiscal year 1995, and not more than
$40,000,000 of the amounts made available under subsection
(a) for fiscal year 1996, shall be available for grants under
section 221(d)(2).''.
(b) Technical Assistance and Capacity Building.--The first
sentence of section 257 of the Housing and Community
Development Act of 1987 (12 U.S.C. 4147) is amended to read
as follows: ``The Secretary shall use not more than
$20,000,000 of the amounts made available under section
234(a) for fiscal year 1995, and not more than $20,000,000 of
the amounts made available under section 234(a) for fiscal
year 1996, to carry out this subtitle.''.
(c) Repeal of Rent Limitations.--The National Housing Act
is amended--
(1) in section 221 (12 U.S.C. 1715l), by striking
subsection (l).
(2) in section 236(f) (12 U.S.C. 1715z-1(f)), by striking
paragraph (6).
(d) Equity Loans.--Section 241(f)(2)(B)(ii) of the National
Housing Act (12 U.S.C. 1715z-6(f)(2)(B)(ii)) is amended by
inserting ``(excluding the amount of rehabilitation costs
required by the plan of action and related charges)'' after
``loan amount''.
(e) Treatment as Eligible Housing.--Notwithstanding section
229(1)(B) of the Housing and Community Development Act of
1987, the Northwest Towers project, located at 1170 West
Erie, in Chicago, Illinois, shall be considered eligible low-
income housing for purposes of title II of such Act, except
that--
(1) the Secretary of Housing and Urban Development may
approve a plan of action under such title for the project
only if the plan of action (A) provides for transfer of the
ownership of the project (i) in accordance with section 226
of such title to a resident council of the project, or (ii)
in accordance with section 220 of such title to a community-
based nonprofit organization approved
[[Page 1308]]
by the residents of the project, and (B) otherwise complies
with the requirements of such title; and
(2) the Secretary of Housing and Urban Development shall
reduce the aggregate amount of any incentives otherwise to be
provided under such title for the project by the amount of
any outstanding indebtedness on the loan for the project
under section 201 of the Housing and Community Development
Amendments of 1978.
SEC. 183. FLEXIBLE SUBSIDY PROGRAM.
(a) Authorization of Appropriations.--Section 201(j)(5) of
the Housing and Community Development Amendments of 1978 (12
U.S.C. 1715z-1a(j)(5)) is amended to read as follows:
``(5) There are authorized to be appropriated for
assistance under the flexible subsidy fund not to exceed
$50,000,000 for fiscal year 1995 and $55,000,000 for fiscal
year 1996.''.
(b) Allocation.--Section 201(n)(2)(B)(ii) of the Housing
and Community Development Amendments of 1978 (12 U.S.C.
1715z-1a(n)(2)(B)(ii)) is amended by inserting ``and
federally assisted'' before ``mortgages''.
(c) Use of Section 236 Rental Assistance Fund Amounts.--
Section 236(f)(3) of the National Housing Act (12 U.S.C.
1715z-1(f)(3)) is amended by striking ``September 30, 1994''
and inserting ``September 30, 1996''.
SEC. 184. YOUTHBUILD PROGRAM.
(a) Authorization of Appropriations.--Section 402 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12870), as amended by the preceding provisions of this title,
is amended by inserting after subsection (a) the following
new subsection:
``(b) Youthbuild Program.--There are authorized to be
appropriated for activities under subtitle D $50,000,000 for
fiscal year 1995 and $50,000,000 for fiscal year 1996. Any
amounts appropriated pursuant to this subsection shall remain
available until expended.''.
(b) Eligible Activities.--Section 454(b) of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C.
12899c(b)) is amended--
(1) in paragraph (2), by striking ``Acquisition'' and all
that follows through ``facilities'' and inserting
``Acquisition, rehabilitation, or acquisition and
rehabilitation of housing and related facilities, or
construction of new housing and related facilities (including
community facilities designed to serve the needs of low- and
very low-income families),'';
(2) by striking paragraph (6); and
(3) by redesignating paragraphs (7) and (8) as paragraphs
(6) and (7), respectively.
(c) Priority for Applicants Supplementing Grant Amounts.--
Section 454(e) of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12899c(e)) is amended to read as
follows:
``(e) Priority for Applicants Who Obtain Program Funds From
Other Sources.--The Secretary shall give priority in the
award of grants under this section to applicants to the
extent that they have obtained amounts or in-kind
contributions, or commitments to provide such amounts or
contributions, from Federal, State, local, or private sources
other than assistance under this subtitle in an amount
constituting not less than 10 percent of the total budget of
the applicant for the Youthbuild program, that will be used
for carrying out any aspect of the Youthbuild program of the
applicant.''.
(d) Residential Rental Housing Requirements.--Section
455(a) of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 12899d(a)) is amended--
(1) in the matter preceding paragraph (1), by inserting
after ``subtitle'' the following: ``for costs such as
construction, rehabilitation, and acquisition''; and
(2) in paragraph (1), by striking subparagraph (A) and
inserting the following new subparagraph:
``(A) at least 80 percent of the units shall be occupied,
or available for occupancy, by individuals and families with
incomes that do not exceed 50 percent of the area median
income, adjusted for family size; and''.
(e) Reservation of Funds.--Section 458(d) of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C.
12899g(d)) is amended by inserting before the period at the
end the following: ``and not more than 1 percent of such
available amounts to implement, pursuant to subsection (a) of
this section, a management information system to gather and
analyze information necessary to assess the quality and
effects of the program under this subtitle and to monitor
Youthbuild programs funded under this subtitle''.
(f) Program Name.--The heading for subtitle D of title IV
of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12899 et seq.) is amended to read as follows:
``Subtitle D--Youthbuild''.
SEC. 185. DISPOSITION OF HUD-OWNED MULTIFAMILY HOUSING
PROPERTIES.
Section 203(g) of the Housing and Community Development
Amendments of 1978 (12 U.S.C. 1701z-11(g)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and'';
(3) by redesignating paragraphs (2) and (3) (as so amended)
as paragraphs (3) and (4), respectively;
(4) by inserting after paragraph (1) the following new
paragraph:
``(2) upon the conclusion of the first year of such 2-year
period, the Secretary shall examine the income and rent of
the family and of other very low-income families who are
preexisting tenants of the project and the rents charged for
units in the project and for similar units in the market area
in which the project is located, to determine whether upon
the expiration of such 2-year period the rent charged for the
unit occupied by the family and for similar units in the same
market area will be significantly more than the amount
charged for the unit occupied by the family during such 2-
year period;''; and
(5) by adding at the end the following new paragraph:
``(5) if the Secretary determines pursuant to paragraph (2)
that, upon the expiration of the 2-year period, the family
will not be able to rent a unit in the project or a similar
unit in the market area in which the project is located
without paying in rent significantly more than the amount
charged for the unit occupied by the family during such 2-
year period, the Secretary shall, to the extent budget
authority is available, provide tenant-based assistance on
behalf of the family under a contract under section 8 of the
United States Housing Act of 1937 having a 5-year term.''.
SEC. 186. GUIDELINES FOR SCREENING, ADMISSION, AND EVICTIONS
IN PUBLIC AND ASSISTED HOUSING.
Not later than December 31, 1994, the Secretary of Housing
and Urban Development shall issue guidelines for owners and
managers of public and assisted housing with respect to
screening applicants for occupancy in such housing,
admissions to such housing, and evictions of residents of
such housing who are users or former users of illegal drugs
or who violate lease provisions because of alcohol use. The
Secretary shall issue such guidelines based on the report to
the Congress issued by the Public and Assisted Housing
Occupancy Task Force on April 7, 1994, pursuant to section
643(a)(7) of the Housing and Community Development Act of
1992.
SEC. 187. METROPOLITAN AREA-WIDE STRATEGY DEMONSTRATION.
(a) In General.--The Secretary of Housing and Urban
Development (in this section referred to as the
``Secretary'') shall carry out, through consortia of units of
general local government, a demonstration program to make
assisted housing available in 3 metropolitan areas on a
metropolitan, area-wide basis.
(b) Purpose.--The demonstration program under this section
shall be designed to determine the most effective manner to--
(1) affirmatively further fair housing and address the
problem of racial segregation in metropolitan areas;
(2) achieve the goal of overcoming spatial separation and
segregation of families by race, which shall include testing
the effect of filling vacancies in assisted housing by use of
a consolidated waiting list;
(3) enlist cooperation of units of general local
government, public housing agencies, and private owners of
assisted housing in achieving such goals;
(4) make public housing facilitate social and economic
mobility;
(5) eliminate housing discrimination; and
(6) accomplish related objectives determined by the
Secretary.
(c) Eligibility of Consortia.--The Secretary shall select
the consortia of units of general local government to
participate in the demonstration program on a competitive
basis and make a grant to each consortia selected. The
Secretary may select only consortia that demonstrate to the
Secretary, as the Secretary shall require, that a sufficient
number of units of general local government, public housing
agencies, and private owners of assisted housing are
committed to participate in the demonstration to make the
demonstration feasible, which shall include commitment to
comply with alternative program requirements specified by the
Secretary.
(d) Duration.--The demonstration program shall be carried
out for a period of 3 years with respect to each site
selected.
(e) Waivers.--The Secretary may waive, or specify
alternative requirements for, any provision of any statute or
regulation that the Secretary administers if the Secretary
finds that the waiver or alternative requirement (1) is
necessary to facilitate the demonstration program, and (2)
would not be inconsistent with the overall purpose of the
statute or regulation affected. In no event may the Secretary
waive, or specify alternative requirements for, any provision
of the Internal Revenue Code of 1986, or statutory
requirements related to nondiscrimination, fair housing,
labor standards, or the environment, except that the
Secretary may waive affirmative marketing requirements for
participants in the demonstration program.
(f) Authorization of Appropriations.--There are authorized
to be appropriated for the costs related to regional
planning, housing counseling, development of a model
consolidated waiting list, and administration under the
demonstration established by this section, such sums as may
be necessary for each of fiscal years 1995 and 1996.
SEC. 188. CERTAIN REVITALIZATION AND RELOCATION ASSISTANCE.
There are authorized to be appropriated for revitalization
and relocation activities for the Windsor Park Subdivision in
Las Vegas, Nevada, such sums as may be necessary for fiscal
year 1995.
TITLE II--HOME INVESTMENT PARTNERSHIPS
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 205 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12724) is amended
to read as follows:
[[Page 1309]]
``SEC. 205. AUTHORIZATION.
``There are authorized to be appropriated to carry out this
title $1,700,000,000 for fiscal year 1995, and $2,000,000,000
for fiscal year 1996, of which--
``(1) not more than $25,000,000 for fiscal year 1995, and
$25,000,000 for fiscal year 1996, shall be for community
housing partnership activities authorized under section 233;
and
``(2) not more than $22,000,000 for fiscal year 1995, and
$22,000,000 for fiscal year 1996, shall be for activities in
support of State and local housing strategies authorized
under subtitle C.''.
(b) Notice of Funding Availability.--For each of fiscal
years 1995 and 1996, the Secretary shall cause to be
published in the Federal Register notice of the availability
of any amounts made available under section 205(1) of the
Cranston-Gonzalez National Affordable Housing Act (as amended
by subsection (a)) that are available for community housing
partnership activities authorized under section 233. Each
such notice shall be published not later than the expiration
of the 90-day period beginning on the date that amounts are
appropriated for each of such fiscal years to carry out the
program under title II of the Cranston-Gonzalez National
Affordable Housing Act.
SEC. 202. ELIGIBLE USES OF INVESTMENT.
Section 212(a)(1) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12742(a)(1)) is amended by
striking ``financing costs'' and inserting ``costs of
financing (including credit enhancements, loan guarantees,
and debt service reserves)''.
SEC. 203. QUALIFICATION AS AFFORDABLE RENTAL HOUSING.
Section 215(a) of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12742(a)) is amended--
(1) in paragraph (1)(A), by striking ``bears rents not
greater than'' and inserting ``is occupied by tenants who pay
as rent'';
(2) in paragraph (3), by inserting after the period at the
end of the first sentence the following new sentence: ``A
tenant occupying a rental unit assisted with amounts provided
under this title shall be considered to be a very low-income
family until the household's income increases to more than
140 percent of the applicable income limitation under
paragraph (1)(B).''; and
(3) by adding at the end the following new paragraph:
``(6) Rental subsidies.--Notwithstanding paragraph (1),
housing shall not be considered to fail to qualify as
affordable housing under this title because it includes units
for which--
``(A) payments are made under section 8 of the United
States Housing Act of 1937 or any comparable rental
assistance program; and
``(B) because of increases in the income of tenants of the
housing, the rent paid by the tenants under the assistance
program with respect to such unit exceeds 30 percent of the
adjusted income of a family whose income equals 65 percent of
the median income for the area.''.
SEC. 204. REPAYMENT OF INVESTMENT.
Section 219 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12749) is amended by adding at the end
the following new subsection:
``(d) Repayment of Matching Amounts.--Amounts provided by a
participating jurisdiction pursuant to section 220 for
housing not assisted under this title shall be recognized for
purposes of section 220(a), notwithstanding that such amounts
are not repaid to the jurisdiction's HOME Investment Trust
Fund, if such amounts are drawn from an affordable housing
program operated by the jurisdiction, repaid to the program,
and available for use only for the program or for providing
housing that qualifies as affordable housing.''.
SEC. 205. MATCHING REQUIREMENTS.
Section 220 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12750) is amended--
(1) in the first sentence of subsection (a), by inserting
``the participating jurisdiction certifies'' before
``qualifies''; and
(2) in subsection (b)(1)--
(A) in subparagraph (A), by striking ``or'';
(B) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following new subparagraph:
``(C) is made with respect to housing that is substantially
equivalent to housing that qualifies as affordable housing
under section 215.''.
SEC. 206. SUPPORT FOR STATE AND LOCAL HOUSING STRATEGIES.
Subtitle C of title II of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12781 et seq.) is amended
by adding at the end the following new section:
``SEC. 246. STRATEGIC PLANNING AND URBAN DESIGN.
``The Secretary may use amounts available under this
subtitle to provide grants to States, units of general local
government, and metropolitan, non-metropolitan, and regional
planning agencies, for the following activities:
``(1) Urban design and the development of public amenities
in low-income neighborhoods that serve as a catalyst for the
renewal of the neighborhood.
``(2) Development and implementation of comprehensive plans
that focus on local and metropolitan strategies which create
sustainable community development at the neighborhood, city,
and metropolitan level.
``(3) Expanding economic opportunities for low- and
moderate-income families through areawide planning approaches
that provide educational and employment opportunities for
such persons.
``(4) Coordinated efforts that stimulate fair housing,
further the deconcentration of the poor and minorities,
reduce the isolation of income groups within communities,
remove barriers to affordable housing development, and expand
housing opportunities for low- and moderate-income families.
``(5) The conservation of important historic, visual, and
cultural features.
``(6) The development and implementation of comprehensive
approaches that integrate poorer, inner-city neighborhoods
into the greater metropolitan region.
``(7) Any other activities the Secretary determines will
further the purposes of this section.''.
SEC. 207. LABOR REQUIREMENTS.
Section 286(b) of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12836(b)) is amended by adding at the
end the following new sentence: ``Subsection (a) shall not
apply in the case of housing for which a site is acquired or
for which the homebuyer is assisted, but which is not
constructed, using funds made available under this
subtitle.''.
TITLE III--SUPPORTIVE HOUSING PROGRAMS
SEC. 301. FUNDING FOR SUPPORTIVE HOUSING FOR THE ELDERLY AND
FOR PERSONS WITH DISABILITIES.
Section 601 of the Housing and Community Development Act of
1992 (Public Law 102-550; 106 Stat. 3802) is amended by
striking subsection (a) and inserting the following new
subsection:
``(a) Aggregate Funding.--There are authorized to be
appropriated for the purpose of providing assistance in
accordance with section 202 of the Housing Act of 1959 and
section 811 of the Cranston-Gonzalez National Affordable
Housing Act, $1,948,000,000 for fiscal year 1995 and
$1,954,000,000 for fiscal year 1996.''.
SEC. 302. SUPPORTIVE HOUSING FOR THE ELDERLY.
(a) Elder Cottage Housing Units.--Section 202(b) of the
Housing Act of 1959 (12 U.S.C. 1701q(b)) is amended by
inserting after the second sentence the following new
sentence: ``Such assistance may also be used to finance the
acquisition and installation of elder cottage housing units
that are small, freestanding, barrier-free, energy efficient,
removable and designed to be installed adjacent to existing
1- to 4-family dwellings and are used as supportive housing
for the elderly in accordance with this section.''.
(b) Definition of ``Frail Elderly''.--Section 202(k)(3) of
the Housing Act of 1959 (12 U.S.C. 1701q(k)(3)) is amended by
striking the first sentence and inserting the following new
sentences: ``The term `frail elderly' means an elderly person
whose level of functional disability jeopardizes her or his
ability to continue to live independently. The Secretary
shall, to the extent possible, develop assessment measures of
functional disability that are appropriate for purposes of
this section and will provide for effective use of the
program under this section with other programs providing
supportive services.''.
(c) Repeal of Demonstration.--Section 806 of the Cranston-
Gonzalez National Affordable Housing Act (12 U.S.C. 1701q
note) is hereby repealed.
SEC. 303. SUPPORTIVE HOUSING FOR PERSONS WITH DISABILITIES.
(a) PHA's as Eligible Sponsors.--Section 811 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013) is amended--
(1) in the first sentence of subsection (f), by inserting
``and public housing agencies'' after ``private nonprofit
organizations''; and
(2) in subsection (k)--
(A) in paragraph (5), by striking ``private nonprofit
organization'' and inserting ``eligible sponsor''; and
(B) by adding at the end the following new paragraph:
``(10) The term `eligible sponsor' means--
``(A) in the case of capital advances under subsection
(b)(2) and project rental assistance under subsections (b)
(2) and (3)--
``(i) a private nonprofit organization; and
``(ii) a public housing agency, but only in the case of a
jurisdiction for which the Secretary determines that, during
the 3-year period ending upon the date of the application of
the agency for assistance under subsection (b) (2) or (3)--
``(I) no private nonprofit organization has submitted an
application under subsection (f) for assistance for a project
located in such area; and
``(II) no private nonprofit organization has had such an
application approved for a project located in such area; and
``(B) in the case of tenant-based rental assistance under
subsection (b)(1)--
``(i) a private nonprofit organization; and
``(ii) a public housing agency, but only to the extent that
such assistance is used for providing assistance in
accordance with an allocation plan for the agency under
section 7(f) of the United States Housing Act of 1937.''.
(b) Rental Assistance for Existing Buildings.--Section 811
of the Cranston-Gonzalez National Affordable Housing Act is
amended--
(1) in subsection (d)(2), by adding at the end the
following new sentence: ``The Secretary may enter into
contracts with private, nonprofit organizations to provide
project rental assistance for supportive housing for persons
with disabilities, regardless of whether the housing is
developed with capital advances under this section.'';
(2) in subsection (e)(1), by inserting ``with capital
advances'' after ``assisted'';
[[Page 1310]]
(3) by striking the first 2 sentences of subsection (e)(2)
and inserting the following new sentences: ``The initial term
of a contract entered into under subsection (d)(2) shall be
240 months for housing developed with a capital advance, and
shall be not more than 60 months for housing not developed
with a capital advance. The Secretary shall, to the extent
approved in appropriation Acts, extend any expiring contracts
for a term of not less than 60 months.'';
(4) in subsection (g)(1), by inserting ``(if applicable)''
after ``develop'';
(5) in subsections (g)(3) and (g)(5), by inserting ``design
or'' before ``proposed'' each place it appears;
(6) in subsection (j), by striking paragraph (3) and
inserting the following new paragraph:
``(3) Site control.--
``(A) Capital advances.--In the case of housing to be
assisted with capital advances under this section, an
applicant may obtain ownership or control of a suitable site
different from the site specified in the initial application.
If an applicant fails to obtain ownership or control of the
site within 1 year after notification of an award for
assistance, the assistance shall be recaptured and
reallocated.
``(B) Project rental assistance.--In the case of housing to
be assisted only with project rental assistance, the
applicant shall have ownership or control of a suitable site
at the time of application. The Secretary may approve a
change in site at any time from the date the application is
submitted to the expiration date of the rental assistance
contract.'';
(7) in subsection (j)(4), by striking ``The'' and inserting
the following: ``In the case of housing assisted with capital
advances under this section, the'';
(8) in the second sentence of subsection (k)(1), by
striking ``the development of'';
(9) in subsection (k)(5), by inserting before the period at
the end the following: ``, or that receives rental assistance
under this section to operate a project for supportive
housing for persons with disabilities''; and
(10) in subsection (m)(3), by striking ``(1)'' and
inserting ``(2)''.
(c) Authority To Provide Assistance.--Section 811 of the
Cranston-Gonzalez National Affordable Housing Act is
amended--
(1) by striking subsection (b) and inserting the following
new subsection:
``(b) General Authority.--The Secretary may provide
assistance to eligible sponsors to expand the supply of
supportive housing for persons with disabilities. Such
assistance shall be provided as--
``(1) tenant-based rental assistance on behalf of eligible
persons with disabilities, in accordance with subsection
(d)(4);
``(2) capital advances in accordance with subsection
(d)(1), together with contracts for project rental assistance
in accordance with subsection (d)(2); or
``(3) contracts for project rental assistance in accordance
with subsection (d)(2).'';
(2) in subsection (d)(1), by adding at the end the
following new sentences: ``Capital advances may be used to
finance the acquisition, acquisition and moderate
rehabilitation, construction, reconstruction, or moderate or
substantial rehabilitation of housing, including the
acquisition from the Resolution Trust Corporation, to be used
as supportive housing for persons with disabilities and may
include real property acquisition, site improvement,
conversion, demolition, relocation, and other expenses that
the Secretary determines are necessary to expand the supply
of supportive housing for persons with disabilities. Such
assistance may also be used to finance the acquisition and
installation of cottage housing units that are small,
freestanding, barrier-free, energy efficient, removable and
designed to be installed adjacent to existing 1- to 4-family
dwellings and are used as supportive housing for the persons
with disabilities in accordance with this section.'';
(3) in subsections (d)(3), (e)(1), and (f), by inserting
``or (3)'' after ``subsection (b)(2)'' each place it appears;
and
(4) by striking paragraph (4) of subsection (d) and
inserting the following new paragraph:
``(4) Tenant-based rental assistance.--
``(A) Administration.--Tenant-based rental assistance that
is provided under subsection (b)(1) shall be administered
under the same rules governing rental assistance made
available under section 8 of the United States Housing Act of
1937.
``(B) Public housing agencies.--A public housing agency may
provide tenant-based rental assistance under subsection
(b)(1) only if the public housing agency has submitted, and
had approved, an allocation plan under section 7(f) of the
United States Housing Act of 1937 and any such assistance
made available to a public housing agency shall be provided
by the agency in accordance with such allocation plan. In
determining the amount of assistance provided under
subsection (b)(1) for a public housing agency, the Secretary
shall consider the needs of the agency as described in the
allocation plan.''.
(d) Technical Changes.--Section 811(k)(6) of the Cranston-
Gonzalez National Affordable Housing Act is amended by
striking subparagraph (A) and inserting the following new
subparagraph:
``(A) that has received tax-exempt status under section
501(c) (3) or (4) of the Internal Revenue Code of 1986;''.
SEC. 304. REVISED CONGREGATE SERVICES.
(a) Authorization of Appropriations.--Section 802(n)(1) of
the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 8011(n)(1)) is amended by striking the matter
preceding subparagraph (A) and inserting the following:
``(1) Authorization and use.--There are authorized to be
appropriated to carry out this section $25,000,000 for fiscal
year 1995, and $26,000,000 for fiscal year 1996, of which not
more than--''.
(b) Meal Fees and Matching Amounts.--Section 802 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8011) is amended--
(1) in subparagraph (A) of subsection (d)(7), by striking
``The fees for meals shall be in the following amounts:'' and
all that follows through the end of the subparagraph; and
(2) in subsection (i)(1)--
(A) in subparagraph (A)(i), by striking ``50 percent'' and
inserting ``25 percent'';
(B) in subparagraph (A)(ii), by striking ``40 percent'' and
inserting ``65 percent''; and
(C) in subparagraph (C), by striking ``10 percent'' and
inserting ``25 percent''.
(c) Definition of ``Frail Elderly''.--Section 802(k)(8) of
the Cranston-Gonzalez National Affordable Housing Act is
amended by striking the first sentence and inserting the
following new sentences: ``The term `frail elderly' means an
elderly person whose level of functional disability
jeopardizes her or his ability to continue to live
independently. The Secretary shall, to the extent possible,
develop assessment measures of functional disability that are
appropriate for purposes of this section and will provide for
effective use of the program under this section with other
programs providing supportive services.''.
SEC. 305. SUPPORTIVE HOUSING ASSISTANCE FOR ELDERLY
INDEPENDENCE.
(a) Section 8 Assistance.--The first sentence of section
803(j) of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 8012(j)) is amended to read as follows: ``The
budget authority available under section 5(c) of the United
States Housing Act of 1937 for assistance under section 8 of
such Act is authorized to be increased by $25,000,000 on or
after October 1, 1994, and by $25,000,000 on or after October
1, 1995.''.
(b) Supportive Services Authorization.--The first sentence
of section 803(k) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8012(k)) is amended to read
as follows: ``There are authorized to be appropriated for the
Secretary to carry out the responsibilities for supportive
services under the demonstrations under this section
$7,000,000 to become available in fiscal year 1995, and
$7,000,000 to become available in fiscal year 1996.''.
(c) Supportive Services Contributions.--Section 803(c)(1)
of the Cranston-Gonzalez National Affordable Housing Act is
amended--
(1) in subparagraph (A), by striking ``40 percent'' and
inserting ``65 percent''; and
(2) in subparagraph (B), by striking ``50 percent'' and
inserting ``25 percent''.
(d) Definition of ``Frail Elderly''.--Section 803(g)(3) of
the Cranston-Gonzalez National Affordable Housing Act is
amended by striking the first sentence and inserting the
following new sentences: ``The term `frail elderly person'
means an elderly person whose level of functional disability
jeopardizes her or his ability to continue to live
independently. The Secretary shall, to the extent possible,
develop assessment measures of functional disability that are
appropriate for purposes of this section and will provide for
effective use of the program under this section with other
programs providing supportive services.''.
(e) Amendment to Heading.--Section 803 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 8012) is
amended by striking the section designation and heading and
inserting the following:
``SEC. 803. SUPPORTIVE HOUSING ASSISTANCE FOR ELDERLY
INDEPENDENCE.''.
SEC. 306. HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS.
(a) Authorization of Appropriations.--Section 863 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12912) is amended to read as follows:
``SEC. 863. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subtitle $212,000,000 for fiscal year 1995 and $225,000,000
for fiscal year 1996.''.
(b) Technical Assistance.--Section 854(c)(3) of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12903(c)(3)) is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``and'' at the end;
(B) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(iii) nonprofit organizations that provide technical
assistance on a national, regional, or State-wide basis to
nonprofit organizations carrying out eligible activities
under section 855 for eligible persons, to provide such
technical assistance, except that not more than 2 percent of
the amounts available in any fiscal year for allocation under
this paragraph shall be used as provided in this clause.'';
and
(2) in subparagraph (B), by striking ``this paragraph'' and
inserting ``clauses (i) and (ii) of subparagraph (A)''.
(c) Cooperation.--
(1) In general.--Section 856(c) of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12905(c)) is
amended by striking ``The recipient'' and all that follows
and inserting the following: ``The recipient shall
[[Page 1311]]
establish and implement a process for ensuring coordination
and community input in planning for and providing services
assisted with amounts provided under this subtitle. The
planning process shall include consultation and coordination
with the agencies of the relevant State and local governments
responsible for services for eligible persons in the area
served by the applicant and with other public and private
organizations and agencies providing services for such
eligible persons (including individuals with human
immunodeficiency virus disease), including community-based
and AIDS service organizations, providers of social services,
providers of mental health care, providers of substance abuse
treatment services, nonprofit providers of housing for
eligible persons, and affected communities.''.
(2) Application.--Section 854(d) of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12903(d)) is
amended--
(A) in paragraph (5), by striking ``and'' at the end;
(B) by redesignating paragraph (6) as paragraph (7); and
(C) by inserting after paragraph (5) the following new
paragraph:
``(6) a description of the activities to be undertaken in
fulfilling the requirements under section 856(c); and''.
(d) Administrative Expenses.--Section 856(g)(2) of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12905(g)(2)) is amended--
(1) by striking ``title'' and inserting ``subtitle''; and
(2) by striking ``, including the costs of staff necessary
to carry out eligible activities''.
SEC. 307. SERVICE COORDINATORS.
(a) Public Housing.--Section 9 of the United States Housing
Act of 1937 (42 U.S.C. 1437g) is amended in subsection
(a)(1)(B)(ii)--
(1) in the 1st sentence, by striking ``Annual'' and all
that follows through ``such project,'' and inserting ``To the
extent amounts are made available pursuant to section 5(c)
for carrying out this clause, the Secretary may increase the
annual contributions provided under this section to any
public housing agency for any project to provide''; and
(2) by striking the last 2 sentences.
(b) Other Federally Assisted Multifamily Housing.--Section
676(c) of the Housing and Community Development Act of 1992
(42 U.S.C. 13632(c)) is amended to read as follows:
``(c) Authorization of Appropriations.--There are
authorized to be appropriated for grants under this section
such sums as may be necessary for each of fiscal years 1995
and 1996.''.
TITLE IV--MORTGAGE INSURANCE AND SECONDARY MORTGAGE MARKET
Subtitle A--Mortgage Insurance and Loan Guarantee Programs
SEC. 401. LIMITATION ON INSURANCE AUTHORITY.
Section 531(b) of the National Housing Act (12 U.S.C.
1735f-9(b)) is amended to read as follows:
``(b) Notwithstanding any other provision of law and
subject only to the absence of qualified requests for
insurance, to the authority provided in this Act, and to the
limitation in subsection (a), the Secretary shall enter into
commitments to insure mortgages under this Act with an
aggregate principal amount of $105,000,000,000 during fiscal
year 1995 and $91,000,000,000 during fiscal year 1996.''.
SEC. 402. FEDERAL HOUSING ADMINISTRATION ADVISORY BOARD.
Section 202(b)(11) of the National Housing Act (12 U.S.C.
1708(b)(11)) is amended by striking ``January 1, 1995.'' and
inserting ``January 1, 1997.''.
SEC. 403. MAXIMUM MORTGAGE AMOUNT CEILING FOR SINGLE FAMILY
MORTGAGES.
Subparagraph (A) of the first sentence of section 203(b)(2)
of the National Housing Act (12 U.S.C. 1709(b)(2)(A)) is
amended by striking clause (ii) and inserting the following
new clause:
``(ii) 85 percent of the dollar amount limitation
determined under section 305(a)(2) of the Federal Home Loan
Mortgage Corporation Act (as adjusted annually under such
section) for a residence of the applicable size;''.
SEC. 404. MAXIMUM MORTGAGE AMOUNT FLOOR FOR SINGLE FAMILY
MORTGAGE INSURANCE.
Subparagraph (A) of the first sentence of section 203(b)(2)
of the National Housing Act (12 U.S.C. 1709(b)(2)(A)) is
amended by striking ``the dollar amount limitation in effect
under this section for the area on May 12, 1992'' and
inserting the following: ``50 percent of the dollar amount
limitation determined under section 305(a)(2) of the Federal
Home Loan Mortgage Corporation Act (as adjusted annually
under such section) for a residence of the applicable size''.
SEC. 405. CALCULATION OF DOWNPAYMENT.
Section 203(b)(2) of the National Housing Act (12 U.S.C.
1709(b)(2)) is amended--
(1) by striking subparagraph (B) and inserting the
following new subparagraph:
``(B) except as otherwise provided in this paragraph (2),
not in excess of--
``(i) in the case of a mortgage for a property with an
appraised value equal to or less than $50,000, 98.75 percent
of the appraised value of the property,
``(ii) in the case of a mortgage for a property with an
appraised value in excess of $50,000 but not in excess of
$125,000, 97.65 percent of the appraised value of the
property,
``(iii) in the case of a mortgage for a property with an
appraised value in excess of $125,000, 97.15 percent of the
appraised value of the property, or
``(iv) notwithstanding clauses (ii) and (iii), in the case
of a mortgage for a property with an appraised value in
excess of $50,000 and which is located in a State for which
the average closing cost exceeds 3.25 percent of the average,
for the State, of the sale price of properties located in the
State for which mortgages have been executed, 97.75 percent
of the appraised value of the property,
plus the amount of the mortgage insurance premium paid at the
time the mortgage is insured.'';
(2) in the 1st sentence of the matter following
subparagraph (B), by inserting before the period at the end
the following: ``, and the term `average closing cost' means,
with respect to a State, the average, for mortgages executed
for properties that are located within the State, of the
total amounts (as determined by the Secretary) of initial
service charges, appraisal, inspection, and other fees (as
the Secretary shall approve) that are paid in connection with
such mortgages'';
(3) by striking the 2d sentence of the matter following
subparagraph (B); and
(4) in penultimate undesignated paragraph--
(A) in the 2d sentence, by striking ``the preceding
sentence'' and inserting ``this subsection''; and
(B) by striking the 1st sentence.
SEC. 406. ELIMINATION OF RESTRICTIONS REGARDING NEW
CONSTRUCTION.
(a) In General.--Section 203(b)(2) of the National Housing
Act (12 U.S.C. 1709(b)(2)) is amended, in the matter
following subparagraph (B)--
(1) in the 1st undesignated paragraph, by striking
``Notwithstanding any other provision of this section,'' and
all that follows through ``beginning of construction.''; and
(2) by striking the 2d undesignated paragraph (relating to
mortgage insurance amounts for residences having solar energy
systems).
(b) Repeal of Authority to Expend Amounts From Insurance
Fund to Correct Substantial Defects.--Section 518 of the
National Housing Act (12 U.S.C. 1735b) is hereby repealed.
SEC. 407. AUTHORITY TO USE AMOUNTS BORROWED FROM FAMILY
MEMBERS FOR DOWNPAYMENTS.
(a) In General.--Section 203(b)(9) of the National Housing
Act (12 U.S.C. 1709(b)(9)) is amended by inserting before the
period at the end the following: ``: Provided further, That
for purposes of this paragraph, the Secretary shall consider
as cash or its equivalent any amounts borrowed from a family
member (as such term is defined in section 201), subject only
to the requirements that, in any case in which the repayment
of such borrowed amounts is secured by a lien against the
property, such lien shall be subordinate to the mortgage and
the sum of the principal obligation of the mortgage and the
obligation secured by such lien may not exceed 100 percent of
the appraised value of the property plus any initial service
charges, appraisal, inspection, and other fees in connection
with the mortgage''.
(b) Definition of Family Member.--Section 201 of the
National Housing Act (12 U.S.C. 1707) is amended by adding at
the end the following new subsections:
``(e) The term `family member' means, with respect to a
mortgagor under such section, a child, parent, or grandparent
of the mortgagor (or the mortgagor's spouse). In determining
whether any of the relationships referred to in the preceding
sentence exist, a legally adopted son or daughter of an
individual (and a child who is a member of an individual's
household, if placed with such individual by an authorized
placement agency for legal adoption by such individual), and
a foster child of an individual, shall be treated as a child
of such individual by blood.
``(f) The term `child' means, with respect to a mortgagor
under such section, a son, stepson, daughter, or stepdaughter
of such mortgagor.''.
SEC. 408. INDEMNIFICATION FOR MULTIFAMILY HOUSING PROJECT
MANAGERS.
Section 207(l) of the National Housing Act (12 U.S.C.
1713(l)) is amended by inserting before the period at the end
the following: ``: Provided further, That, for properties
acquired by the Secretary under this section and for
properties secured by any mortgage assigned and transferred
to or held by the Secretary, the Secretary may indemnify
management contractors against claims by third persons for
death, bodily injury, or loss of or damage to property on
such terms as the Secretary determines appropriate''.
SEC. 409. EXTENSION OF MULTIFAMILY HOUSING MORTGAGE AUCTION
PROVISIONS.
(a) Extension.--The first sentence of section
221(g)(4)(C)(viii) of the National Housing Act (12 U.S.C.
1715l(g)(4)(C)(viii)) is amended by striking ``September 30,
1995'' and inserting ``December 31, 2005''.
(b) Budget Compliance.--Section 221(g)(4)(C) of the
National Housing Act (12 U.S.C. 1715l(g)(4)(C)) is amended by
adding at the end the following new clause:
``(ix) This subparagraph shall be effective for any fiscal
year only to such extent or in such amounts as are or have
been provided in appropriation Acts for such fiscal year.''.
SEC. 410. STREAMLINED REFINANCING FOR HUD-HELD MORTGAGES.
(a) In General.--Section 223(a) of the National Housing Act
(12 U.S.C. 1715n) is amended--
(1) in paragraph (7), by striking the colon preceding
``Provided further,'' and all that follows through ``and the
mortgagee'';
[[Page 1312]]
(2) by redesignating paragraph (8) as paragraph (9);
(3) by inserting after paragraph (7) the following new
paragraph:
``(8) given to refinance a mortgage held by the Secretary,
upon such terms and conditions as the Secretary may
prescribe, covering property on which there is located a 1-
to 4-family residence, or a 1-family unit in a condominium
project, which mortgage was formerly insured under this Act
and subsequently assigned to the Secretary: Provided, That
the mortgagor has not previously refinanced a mortgage
pursuant to this paragraph: Provided further, That the
mortgagor has made all payments due under the note secured by
the existing mortgage and all payments due under the note for
at least the previous 6 months, or the mortgagor is under a
forbearance agreement and has made all payments due under the
note secured by the existing mortgage for at least the
previous 6 months: Provided further, That the principal
amount of the refinancing mortgage may not exceed the
outstanding principal balance of the existing mortgage by
more than additional amounts owed by the mortgagor due to the
delinquency and to the receipt of assignment assistance under
section 230: Provided further, That the monthly payment due
under the refinancing mortgage may not exceed the monthly
payment due under the existing mortgage: Provided further,
That the refinancing mortgage may have a term not more than
12 years in excess of the unexpired term of the assigned
mortgage: Provided further, That the refinancing mortgage may
be insured under section 203(b) or 221(d)(2) of this Act, at
the option of the mortgagee, or under section 234(c) of this
Act in the case of a condominium: Provided further, That a
refinancing mortgage insured under section 221(d)(2) shall
involve a principal obligation in an amount not to exceed 50
percent of the applicable dollar limitation for a 1- to 4-
family residence under section 203(b)(2): Provided further,
That the authority under this paragraph to refinance a
mortgage shall terminate 30 months after the date of
enactment of this Act: Provided further, That the total
number of mortgages refinanced under this paragraph may not
exceed 20,000; or''; and
(4) by adding at the end the following new flush material:
``A mortgage of the character described in paragraphs (1)
through (6) of this subsection shall have a maturity and a
principal obligation not in excess of the maximums prescribed
under the applicable section or title of this Act, except
that in no case may the principal obligation of a mortgage
referred to in paragraph (5) of this subsection exceed 90
percent of the appraised value of the mortgage property, and
shall bear interest at such rate as may be agreed upon by the
mortgagor and the mortgagee.''.
(b) Implementation.--The Secretary of Housing and Urban
Development may implement the authority to refinance a
mortgage held by the Secretary under section 223(a)(8) of the
National Housing Act, as added by the amendment made by
subsection (a)(3) of this section, by notice published in the
Federal Register setting forth such requirements as may be
necessary.
SEC. 411. HOME EQUITY CONVERSION MORTGAGES FOR ELDERLY
HOMEOWNERS.
(a) Extension of Program.--The first sentence of section
255(g) of the National Housing Act (12 U.S.C. 1715z-20(g)) is
amended by striking ``September 30, 1995'' and inserting
``September 30, 2000''.
(b) Eligible Residences.--Section 255(d)(3) of the National
Housing Act (12 U.S.C. 1715z-20(d)(3)) is amended to read as
follows:
``(3) be secured by a dwelling that is designed principally
for a 1- to 4-family residence in which the mortgagor
occupies 1 of the units;''.
(c) Expansion of Program.--The second sentence of section
255(g) of the National Housing Act (12 U.S.C. 1715z-20(g)) is
amended by striking ``25,000'' and inserting ``50,000''.
(d) Reports.--Section 255(k) of the National Housing Act is
amended by adding at the end the following new sentences:
``Each biennial report shall also include the results of a
survey conducted during the period since the most recent
report under this subsection to determine (A) the financial
and other needs of elderly homeowners that cause such
homeowners to consider obtaining home equity conversion
mortgages, and (B) the extent of consumer satisfaction
regarding the program under this section and counseling
provided pursuant to the requirements of this section. In
conducting the survey, the Secretary shall consult a
representative sample of mortgagors of mortgages insured
under this section and of elderly homeowners who have
expressed interest in obtaining, but did not obtain, such
mortgages.''.
(e) Avoidance of Preemption of State Law.--Section
255(b)(3) of the National Housing Act is amended--
(1) in clause (B), by striking ``, notwithstanding any
State constitution, law, or regulation''; and
(2) by adding at the end the following new sentence:
``Notwithstanding any other provision of this section, the
Secretary may not provide insurance for a home equity
conversion mortgage in the State of Texas if under the State
constitution, or a law or regulation of such State, such
mortgages are prohibited or foreclosure or forced sale of the
property subject to such a mortgage is prohibited.''.
SEC. 412. SINGLE FAMILY RISK-SHARING MORTGAGE INSURANCE
PROGRAM.
(a) In General.--Title II of the National Housing Act (12
U.S.C. 1707 et seq.) is amended by adding at the end the
following new section:
``single family risk-sharing with state and local agencies
``Sec. 256. (a) Purposes.--The purposes of the program
under this section are (1) to increase the availability of
single family mortgage financing in areas where there is need
for mortgage insurance under this Act that cannot be met due
to particularly high average median house prices in the area,
and (2) to foster arrangements with State and local agencies
to share the risk of mortgage insurance.
``(b) Authority.--Notwithstanding any other provision of
this Act inconsistent with this section, the Secretary may
insure and make commitments to insure under this section
mortgages on single family properties under risk-sharing
mortgage insurance programs established with 1 or more States
or agencies. Under such programs, the Secretary shall insure
a portion of the mortgage, and the State or local agency
shall insure the remainder or (at the discretion of the
agency) a portion of the remainder and provide for private
mortgage insurance companies to insure any portion of the
remainder not insured by the agency. The portion of the
mortgage insured under this section by the Secretary and the
State or local agency, in the aggregate, may not exceed 35
percent of the outstanding principal obligation of the
mortgage (and such fees, interest, and other expenses
determined by the Secretary to be appropriate).
``(c) Eligible Mortgages.--The Secretary may insure under
this section, and make commitments to insure under this
section, only mortgages that--
``(1) are executed--
``(A) in connection with the acquisition of a single family
property; or
``(B) for the refinancing of a mortgage that was previously
insured under this section; and
``(2) involve a property located in an area--
``(A) for which the amount under clause (ii) of section
203(b)(2)(A) is less than the amount determined under clause
(i) of such section for a residence of the applicable size;
and
``(B) that has a State agency that--
``(i) is fully authorized under State and local laws and is
adequately capitalized, in the determination of the
Secretary, to carry out this section; and
``(ii)(I) carries the designation of `top tier' or its
equivalent, as evaluated by Standard and Poors or any other
nationally recognized rating agency; or
``(II) receives a rating of `A' for its general obligation
bonds from a nationally recognized rating agency.
``(d) Applications.--
``(1) Approval.--The Secretary may approve an application
submitted by a State or local agency to establish a risk-
sharing program under this section, only if the Secretary
determines that the State or local agency has demonstrated
that--
``(A) it has the legal authority under State law and, where
applicable, local law, to participate in the program under
this section;
``(B) it has carried out, or has the potential to carry
out, a financially sound, efficient, and effective mortgage
insurance program; and
``(C) it has the ongoing administrative and financial
capacity necessary to carry out a program under this section.
``(2) Cancellation of approval.--The Secretary may cancel
approval of a State or local agency under this section for a
violation of requirements and procedures under the risk-
sharing agreement between the State or local agency and the
Secretary or for other good cause, by giving notice to the
State or local agency. The cancellation shall be effective
upon receipt of the notice by the agency or at a later date
specified by the Secretary. A decision by the Secretary to
cancel approval shall be final and conclusive and shall not
be subject to judicial review.
``(e) Delegation of Authority To Insure to State and Local
Agencies.--Pursuant to a risk-sharing agreement with a State
or local agency, the Secretary shall delegate the authority
to insure and make commitments to insure the portion of
mortgages to be insured by the Secretary under this section
to the State or local agency. The risk-sharing agreement
shall contain such other matters as the Secretary and the
State or local agency agree.
``(f) Underwriting Standards and Loan Terms and
Conditions.--The State or local agency shall adopt
underwriting standards and loan terms and conditions for
purposes of underwriting loans to be insured under this
section. Such standards shall be at least as stringent as the
standards pursuant to this Act for mortgages insured under
section 203 and shall be subject to review and approval by
the Secretary.
``(g) Mortgage Insurance Premiums.--
``(1) Requirement.--The State or local agency shall require
the payment of mortgage insurance premiums by mortgagors.
``(2) Shares.--The Secretary shall establish policies and
procedures for the sharing of premiums between the Secretary
and the State or local agency, based on the relative risk to,
and administrative costs of, the Secretary and the State or
local agency. The share paid to the Secretary shall not be
less than an amount necessary to cover the risk to, and
administrative costs of, the Secretary.
``(h) Limitations on Principal Mortgage Amount.--
[[Page 1313]]
``(1) Insured portion.--The portion of the mortgage insured
under this section by the Secretary may not exceed an amount
equal to the lesser of (A) 80 percent of the appraised value
of the property, or (B) the maximum amount the Secretary may
insure under section 203(b) of this Act for the area (but not
including any amount for a mortgage insurance premium).
``(2) Total principal amount.--The total principal amount
of a mortgage insured under this section by the Secretary and
the State or local agency (A) shall exceed the maximum amount
the Secretary may insure under subparagraph (A) of the first
sentence of section 203(b)(2) for the area, and (B) may not
exceed the conforming loan limitation determined under
section 305(a)(2) of the Federal Home Loan Mortgage
Corporation Act for a residence of the applicable size, as
adjusted annually.
``(3) Loan-to-value ratio.--The principal obligation of a
mortgage may not exceed an amount determined in accordance
with subparagraph (B) of the first sentence of section
203(b)(2) plus the mortgage insurance premium.
``(4) Refinancing mortgages.--Notwithstanding paragraph
(2)(A) or (3), in the case of refinancing of an existing
mortgage that was previously insured under this section, the
principal obligation of a refinancing mortgage may not exceed
the outstanding principal balance of the existing mortgage
plus any mortgage insurance premium.
``(i) Insurance Claims.--
``(1) Procedure.--In the case of a default and foreclosure
of a mortgage insured under this section, the mortgagee may
file a claim with the State or local agency for insurance
benefits in accordance with requirements established by the
State or local agency and approved by the Secretary. The
agency shall pay the full amount of the claim owed to the
mortgagee. If the loss on the insured mortgage exceeds the
amount of insurance by the agency, the Secretary shall
reimburse the agency for the difference.
``(2) Mutual mortgage insurance fund.--The insurance of a
mortgage under this section by the Secretary shall be an
obligation of the Mutual Mortgage Insurance Fund created
pursuant to section 205.
``(j) Inapplicability of the Assignment Program.--Section
230 shall not apply to mortgages insured under the program
authorized by this section.
``(k) Restriction on GNMA Securitization.--The Government
National Mortgage Association shall not securitize any loans
insured under this section.
``(l) Definitions.--For purposes of this section, the
following definitions shall apply:
``(1) The term `local agency' means an agency of a unit of
general local government, as defined by the Secretary, that
has the authority to insure mortgages and to participate with
the Secretary in the single family risk-sharing program under
this section, or an agency or instrumentality of a local
agency if the agency or instrumentality has such authority.
``(2) The term `State agency' means an agency of a State
that has the authority to insure mortgages and to participate
with the Secretary in the single family risk-sharing program
under this section, or an agency or instrumentality of a
State agency if the agency or instrumentality has such
authority.
``(3) The term `single family property' means a property
upon which there is located a dwelling designed principally
for occupancy by 1 family, and includes a condominium and a
cooperative.
``(4) The term `State' means the several States, the
Commonwealth of Puerto Rico, the District of Columbia, Guam,
the Commonwealth of the Northern Mariana Islands, American
Samoa, and the Virgin Islands.''.
(b) Regulations.--The Secretary of Housing and Urban
Development shall issue any regulations necessary to
implement the amendment made by subsection (a).
SEC. 413. DELEGATION OF SINGLE FAMILY MORTGAGE INSURING
AUTHORITY TO DIRECT ENDORSEMENT MORTGAGEES.
Title II of the National Housing Act (12 U.S.C. 1707 et
seq.), as amended by the preceding provisions of this Act, is
further amended by adding at the end the following new
section:
``delegation of insuring authority to direct endorsement mortgagees
``Sec. 257. (a) Authority.--The Secretary may delegate, to
one or more mortgagees approved by the Secretary under the
direct endorsement program, the authority of the Secretary
under this Act to insure mortgages involving property upon
which there is located a dwelling designed principally for
occupancy by 1 to 4 families.
``(b) Considerations.--In determining whether to delegate
authority to a mortgagee under this section, the Secretary
shall consider the experience and performance of the
mortgagee under the direct endorsement program, the default
rate of insured mortgages originated by the mortgagee
compared to the default rate of all insured mortgages in
comparable markets, and such other factors as the Secretary
determines appropriate to minimize risk of loss to the
insurance funds under this Act.
``(c) Enforcement of Insurance Requirements.--
``(1) In general.--If the Secretary determines that a
mortgage insured by a mortgagee pursuant to delegation of
authority under this section was not originated in accordance
with the requirements established by the Secretary, and the
Secretary pays an insurance claim with respect to the
mortgage within a reasonable period specified by the
Secretary, the Secretary may require the mortgagee approved
under this section to indemnify the Secretary for the loss.
``(2) Fraud or misrepresentation.--If fraud or
misrepresentation was involved in connection with the
origination, the Secretary may require the mortgagee approved
under this section to indemnify the Secretary for the loss
regardless of when an insurance claim is paid.
``(d) Termination of Mortgagee's Authority.--If a mortgagee
to which the Secretary has made a delegation under this
section violates the requirements and procedures established
by the Secretary or the Secretary determines that other good
cause exists, the Secretary may cancel a delegation of
authority under this section to the mortgagee by giving
notice to the mortgagee. Such a cancellation shall be
effective upon receipt of the notice by the mortgagee or at a
later date specified by the Secretary. A decision by the
Secretary to cancel a delegation shall be final and
conclusive and shall not be subject to judicial review.
``(e) Requirements and Procedures.--Before approving a
delegation under this section, the Secretary shall issue
regulations establishing appropriate requirements and
procedures, including requirements and procedures governing
the indemnification of the Secretary by the mortgagee.''.
SEC. 414. ELIGIBILITY OF MORTGAGES ON HOMES ON LEASED LAND
OWNED BY COMMUNITY LAND TRUSTS.
Title II of the National Housing Act (12 U.S.C. 1707 et
seq.), as amended by the preceding provisions of this Act, is
further amended by adding at the end the following new
section:
``eligibility of mortgages on homes on leased land owned by community
land trusts
``Sec. 258. (a) Eligibility for Insurance.--In providing
mortgage insurance under any provision of this title for a
mortgage covering a 1- to 4-family residence, the Secretary
may insure a mortgage covering such a residence which is
located on property owned by a community land trust without
regard to the extent to which the resale price of the
residence is restricted or the manner in which such price is
established.
``(b) Limitation on Restrictions.--The Secretary may not,
as a condition of such insurance, establish any requirements
regarding the resale price of residences on land owned by a
community land trust, except that the Secretary may require
that a ground lease or other document establishing legally
enforceable restrictions or limitations on the resale price
provide that the restrictions or limitations be cancelable in
the event of foreclosure or delivery of a deed in lieu of
foreclosure (or assignment).
``(c) Definition of `Community Land Trust'.--For purposes
of this section, the term `community land trust' has the
meaning given the term in section 233 of the Cranston-
Gonzalez National Affordable Housing Act.''.
SEC. 415. INSURANCE OF 2-STEP SINGLE FAMILY MORTGAGES.
Title II of the National Housing Act (12 U.S.C. 1701 et
seq.), as amended by the preceding provisions of this Act, is
further amended by adding at the end the following new
section:
``2-step single family mortgages
``Sec. 259. (a) Authority.--After making the finding
required under subsection (d), the Secretary may insure under
any provision of this title a mortgage involving property
upon which there is located a dwelling designed principally
for occupancy by 1 to 4 families, where the mortgage provides
that the effective rate of interest charged is--
``(1) fixed for the duration of a specified period that
consists of not less than the first 5 years of the mortgage
term;
``(2) adjusted by the mortgagee upon the expiration of the
specified period referred to in paragraph (1) for the
mortgage; and
``(3) for the term of the mortgage remaining after such
adjustment--
``(A) fixed at the adjusted rate established pursuant to
paragraph (2); or
``(B) periodically adjusted by the mortgagee.
``(b) Redetermination of Rate.--For each mortgage insured
pursuant to this section, the adjustment of the effective
rate of interest pursuant to subsection (a)(2) may be
accomplished through adjustments in the monthly payment
amount, the outstanding principal balance, or the mortgage
term, or a combination of such factors, except that in no
case may any extension of a mortgage term result in a total
term in excess of 40 years. The adjustment in the effective
rate of interest shall correspond to a specified national
interest rate index that is approved in regulations issued by
the Secretary and information on which is readily accessible
to the mortgagors from generally available published sources.
``(c) Limitations on Second-Step Periodic Rates.--For each
mortgage insured pursuant to this section for which the
effective rate of interest charged pursuant to subsection
(a)(3) is periodically adjusted under subparagraph (B) of
such subsection, such adjustments in the interest rate--
``(1) may be accomplished through adjustments in the
monthly payment amount, the outstanding principal balance, or
the mortgage term, or a combination of such factors, except
that in no case may any extension of
[[Page 1314]]
a mortgage term result in a total term in excess of 40 years;
``(2) shall correspond to a specified national interest
rate index that is approved in regulations issued the
Secretary and information on which is readily accessible to
the mortgagors from generally available published sources;
``(3) shall be made on an annual basis;
``(4) shall be limited, with respect to any single interest
rate increase, to no more than 1 percent on the outstanding
loan balance; and
``(5) be limited to a maximum increase of 5 percentage
points above the initial contract interest rate over the term
of the mortgage.
``(d) Conditions on Insuring Authority.--The Secretary may
insure mortgages pursuant to this section only after
determining that the risk posed by such insurance to the
financial safety and soundness of the insurance fund of which
the mortgage insurance is an obligation does not exceed such
risk posed by insurance of mortgages of equivalent terms
having fixed interest rates over such terms.
``(e) Description of Features.--The Secretary shall issue
regulations requiring that the mortgagee make available to
the mortgagor, at the time of loan application, a written
explanation of the features of the 2-step mortgage insured
pursuant to this section.
``(f) Limitation of Total Number of Mortgages Insured.--The
aggregate number of mortgages and loans insured pursuant to
this section in any fiscal year may not exceed 10 percent of
the aggregate number of mortgages and loans insured by the
Secretary under this title during the preceding fiscal
year.''.
SEC. 416. MORTGAGE LIMITS FOR MULTIFAMILY PROJECTS IN HIGH-
COST AREAS.
(a) In General.--Each of the provisions under subsection
(b) is amended by striking ``140 percent'' and inserting
``152 percent''.
(b) Provisions Amended.--The provisions under this
subsection are the following sections of title II of the
National Housing Act (12 U.S.C. 1707 et seq.):
(1) Section 207(c)(3).
(2) Section 213(b)(2).
(3) Section 220(d)(3)(B)(iii).
(4) Section 221(d)(3)(ii).
(5) Section 221(d)(4)(ii).
(6) Section 231(c)(2).
(7) Section 234(e)(3).
SEC. 417. APPROVAL OF POINT-OF-USE PURIFICATION SYSTEMS AND
TESTING OF SYSTEMS.
(a) In General.--Section 424 of the Housing and Community
Development Act of 1987 (12 U.S.C. 1701z-15) is amended--
(1) in subsection (a), by inserting after the period at the
end the following new sentence: ``The Secretary of Housing
and Urban Development shall provide for the approval under
subsection (c) of both point-of-use and point-of-entry water
treatment equipment and water purification systems that meet
the standards established under this section.'';
(2) in the first sentence of subsection (b), by striking
``general standards recognized by the Department as modified
for local or regional conditions'' and inserting the
following: ``standards for testing using (1) industry-
accepted product testing protocols, or (2) protocols that
utilize technically valid methodology using analytical
testing methods of the Environmental Protection Agency for
drinking water quality and maximum contaminant levels or
equivalent methods'';
(3) by redesignating subsection (b) (as amended by
paragraph (2) of this section) as subsection (c); and
(4) by inserting after subsection (a) the following new
subsection:
``(b) Point-of-Use Equipment.--For any property in which
the water treatment or purification system in operation
employs point-of-use equipment, the Secretary may not require
that a treatment or purification system be employed on any
water supply source serving the property that provides water
that will not be used primarily for human consumption.''.
(b) Regulations.--The Secretary of Housing and Urban
Development shall issue any regulations necessary to carry
out section 424 of the Housing and Community Development Act
of 1987, as amended by subsection (a) of this section, not
later than the expiration of the 6-month period beginning on
the date of the enactment of this Act.
SEC. 418. ENERGY EFFICIENT MORTGAGES PILOT PROGRAM.
Section 106 of the Energy Policy Act of 1992 (42 U.S.C.
12712 note) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A), by inserting ``(which may be an
adjustable rate mortgage insured under section 251 of such
Act and may be a mortgage for a property that is not the
principal or secondary residence of the mortgagor to the
extent provided in section 203(g) of such Act)'' after
``Act''; and
(B) by adding at the end the following new subparagraph:
``(D) Rating and installation.--The program shall provide
that the person conducting the home energy rating report
under subsection (c)(2) for the property subject to the
energy efficient mortgage may also, subject only to the
approval of the mortgagee and mortgagor, install the energy
efficiency improvements.''; and
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``(including an
adjustable rate mortgage loan eligible for insurance under
section 251 of such Act)'' after ``Act''; and
(B) in the first sentence of paragraph (2), by striking
``the total present value cost'' and all that follows through
the end of the sentence and inserting the following: ``energy
improvements that generate energy savings in the first year
after improvement that are greater than the increase in the
amount of the loan payment for such first-year due to the
energy improvements. In the case of a base loan insured under
section 251 of the National Housing Act, the interest rate
used to determine the amount of such increase in the loan
payment shall be the maximum allowable interest rate under
the mortgage.''.
SEC. 419. EXTENSION OF MULTIFAMILY MORTGAGE CREDIT
DEMONSTRATIONS.
Section 542 of the Housing and Community Development Act of
1992 (12 U.S.C. 1707 note) is amended--
(1) in subsection (b)(5), by striking ``1993 and 1994'' and
inserting ``1995 and 1996''; and
(2) in subsection (c)(4), by striking ``1993, 1994, and
1995'' and inserting ``1995, 1996, and 1997''.
SEC. 420. INDIAN HOUSING LOAN GUARANTEES.
(a) Limitation on Outstanding Aggregate Principal Amount.--
Section 184(i)(5)(C) of the Housing and Community Development
Act of 1992 (12 U.S.C. 1515z-13a(i)(5)(C)) is amended by
striking ``fiscal years 1993 and 1994'' and inserting
``fiscal years 1995 and 1996''.
(b) Authorization of Appropriations for Guarantee Fund.--
Section 184(i)(7) of the Housing and Community Development
Act of 1992 (12 U.S.C. 1515z-13a(i)(7)) is amended to read as
follows:
``(7) Authorization of appropriations.--There are
authorized to be appropriated to the Guarantee Fund to carry
out this section $50,000,000 for fiscal year 1995 and
$50,000,000 for fiscal year 1996.''.
SEC. 421. NATIONAL COMMISSION ON THE FUTURE OF THE FEDERAL
HOUSING ADMINISTRATION.
(a) Purpose.--The purpose of this section is to establish a
national commission to develop recommendations regarding the
appropriate future role of the Federal Government in
providing mortgage insurance, for modernizing and improving
the structure and operations of the Federal Housing
Administration, for protecting the safety and soundness of
the insurance funds of the FHA, and for serving families
currently underserved by the mortgage finance system.
(b) Establishment.--There is hereby established a
commission to be known as the National Commission on the
Future of the Federal Housing Administration.
(c) Membership.--
(1) In general.--The Commission shall consist of the
Secretary of Housing and Urban Development and 16 members
appointed, not later than 60 days after amounts to carry out
this section are made available under subsection (h), as
follows:
(A) 4 members shall be appointed by the Chairman of the
Committee on Banking, Housing, and Urban Affairs of the
Senate and 4 members shall be appointed by the Ranking
Minority Member of such Committee.
(B) 4 members shall be appointed by the Chairman of the
Committee on Banking, Finance and Urban Affairs of the House
of Representatives and 4 members shall be appointed by the
Ranking Minority Member of such Committee.
(2) Qualifications.--The 8 members of the Commission
appointed under each of subparagraphs (A) and (B) of
paragraph (1) shall include--
(A) 1 individual who represents the mortgage finance
industry;
(B) 1 individual with knowledge and experience from a
secondary mortgage market entity;
(C) 1 individual with knowledge and experience concerning
home sales or multifamily housing management;
(D) 1 individual who represents the private mortgage
insurance industry;
(E) 1 individual with knowledge and experience concerning
single family or multifamily housing asset management;
(F) 1 individual who represents a State or local housing
agency active in single family or multifamily housing
activities;
(G) 1 individual who represents the interests of consumers
or communities, in single family or multifamily housing; and
(H) 1 individual who represents or resides in an urban or
rural neighborhood whose residents consist predominantly of
members of minorities.
(3) Chairperson.--The Commission shall elect a chairperson
from among members of the Commission.
(4) Quorum.--A majority of the members of the Commission
shall constitute a quorum for the transaction of business.
(5) Voting.--Each member of the Commission shall be
entitled to 1 vote, and all votes shall be given equal
weight.
(6) Vacancies.--Any vacancy on the Commission shall not
affect the powers of the Commission and shall be filled in
the manner in which the original appointment was made.
(7) Prohibition on additional pay.--Members of the
Commission shall serve without compensation, but shall be
reimbursed for travel, subsistence, and other necessary
expenses incurred in the performance of their duties as
members of the Commission.
(d) Subcommittees.--In carrying out its duties under
subsection (e), the Commission shall establish 2
subcommittees, 1 of which shall carry out such duties with
respect to issues relating to mortgage insurance for
multifamily housing and 1 of which shall carry out such
duties with respect to issues
[[Page 1315]]
relating to mortgage insurance for single family housing.
(e) Duties.--
(1) In general.--The Commission shall conduct a study of
the existing operations of the FHA and shall make
recommendations regarding the future mission, organization,
responsibilities, and function of the FHA. In conducting the
study and formulating recommendations, the Commission shall--
(A) determine the most appropriate role for the Federal
Government in extending the availability of mortgage credit
and review various alternative mortgage products and, with
regard to the mission and functions of the FHA, the
appropriateness of the use of such products by the FHA;
(B) determine whom FHA programs are intended to serve;
(C) consider whether the FHA could function more
effectively if organized as a government corporation, a
government-sponsored enterprise, or with any other
organizational structure different from the existing
structure;
(D) consider whether the personnel, procurement, budgeting,
and other requirements generally applicable to the Federal
agencies should be modified in their applicability to the
FHA;
(E) review the laws establishing and relating to the FHA
and determine whether amendments to such law would be
appropriate to restructure the FHA, or to provide new
authority or increased flexibility for the operations of the
FHA;
(F) determine ways in which the FHA can more effectively
contribute to the revitalization of inner cities and increase
housing opportunities for low-income families;
(G) determine ways to improve the management and sale of
assets owned by the FHA;
(H) determine ways to reduce the risk of future insurance
losses from the existing inventory of outstanding mortgages
insured by the FHA; and
(I) determine ways to improve the private management of
multifamily properties insured by the FHA.
(2) Interim report.--Not later than the expiration of the
10-month period beginning upon the appointment of all of the
members of the Commission under subsection (c), the
Commission shall submit to the Secretary of Housing and Urban
Development and to the Congress an interim report containing
the preliminary information and evaluations specified in
paragraph (1) and initial recommendations for legislative and
administrative actions to carry out the determinations made
pursuant to paragraph (1).
(3) Report.--Not later than the expiration of the 18-month
period beginning upon the appointment of all of the members
of the Commission under subsection (c), the Commission shall
submit to the Secretary of Housing and Urban Development and
to the Congress a report containing the information and
evaluations specified in paragraph (1) and specific
recommendations for legislative and administrative actions to
carry out the determinations made pursuant to paragraph (1).
(f) Powers.--
(1) Hearings.--The Commission may, for the purpose of
carrying out this section, hold such hearings and sit and act
at such times and places as the Commission considers
appropriate.
(2) Rules and regulations.--The Commission may adopt such
rules and regulations as may be necessary to establish its
procedures and to govern the manner of its operations,
organization, and personnel.
(3) Assistance from federal agencies.--
(A) Information.--The Commission may secure directly from
any department or agency of the United States such data and
information as the Commission may require for the purpose of
carrying out this section. Upon request of the Commission,
any such department or agency shall furnish such data or
information. The Commission may acquire data or information
directly from such departments or agencies to the same extent
that the Secretary may acquire such data or information.
(B) Administrative support.--The General Services
Administration shall provide to the Commission, on a
reimbursable basis, administrative support services requested
by the Commission.
(C) Personnel details.--Upon the request of the chairperson
of the Commission, the Secretary shall, to the extent
possible and subject to the discretion of the Secretary,
detail any of the personnel of the Department of Housing and
Urban Development, on a nonreimbursable basis, to assist the
Commission in carrying out its duties under this section.
(4) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
Federal agencies.
(5) Contracting.--The Commission may, to such extent and in
such amounts as are provided in appropriations Acts, enter
into contracts necessary to carry out its duties under this
section.
(6) Advisory committee.--The Commission shall be considered
an advisory committee within the meaning of the Federal
Advisory Committee Act.
(7) Staff.--
(A) Executive director.--The Commission shall appoint an
executive director of the Commission who shall be compensated
at a rate fixed by the Commission, but which may not exceed
the rate established for level V of the Executive Schedule
under title 5, United States Code.
(B) Personnel.--In addition to the executive director, the
Commission may appoint and fix the compensation of such
personnel as the Commission considers appropriate, in
accordance with the provisions of title 5, United States
Code, governing appointments in the competitive service, and
the provisions of chapter 51 and subchapter III of chapter 53
of such title, relating to classification and General
Schedule pay rates.
(C) Limitation.--This paragraph shall be effective only to
the extent amounts are made available in appropriation Acts.
(g) Definitions.--For purposes of this section, the
following definitions shall apply:
(1) The term ``Commission'' means the National Commission
on the Future of the Federal Housing Administration.
(2) The term ``FHA'' means the Federal Housing
Administration of the Department of Housing and Urban
Development.
(3) The term ``Secretary'' means the Secretary of Housing
and Urban Development.
(h) Funding.--Of any amounts appropriated pursuant to
section 501 of the Housing and Urban Development Act of 1970,
the Secretary shall set aside to carry out this section
$1,000,000 for fiscal year 1995. Any amounts made available
pursuant to this subsection shall remain available until
expended.
(i) Sunset.--The Commission shall terminate upon the
expiration of the 18-month period that begins upon the
appointment of all of the members of the Commission under
subsection (c).
SEC. 422. ACTION AND REPORT ON COOPERATIVE HOMEOWNERSHIP FOR
LOW- AND MODERATE-INCOME FAMILIES.
(a) Review.--The Secretary of Housing and Urban
Development, acting through the Assistant Secretary who is
the Federal Housing Commissioner, shall review the report of
The Urban Institute, dated May 1994 and entitled
``Performance of HUD Subsidized Loans: Does Cooperative
Housing Matter?''.
(b) Action.--Not later than 9 months after the date of the
enactment of this Act, the Secretary shall implement any
recommendations made in the report referred to in subsection
(a) that (1) the Secretary considers appropriate and
feasible, (2) are within the jurisdiction of the Assistant
Secretary referred to in subsection (a), and (3) the
Secretary has authority under law to implement.
(c) Report.--The Secretary shall submit a report to the
Congress not later than 9 months after the date of the
enactment of this Act, which shall--
(1) evaluate the report referred to in subsection (a);
(2) describe any action taken under subsection (b);
(3) identify and proposes the elimination of any Federal
housing policies or programs that, in the determination of
the Secretary, inhibit the development of cooperative
homeownership for low- and moderate-income families; and
(4) recommend any legislative action necessary to eliminate
the policies or programs identified under paragraph (3).
SEC. 423. STUDY OF ACTIVITY OF PRIVATE MORTGAGE BANKERS AND
INSURERS.
(a) Study.--The Secretary of Housing and Urban Development
shall conduct a study to determine the patterns of lending
and insurance activity of private mortgage lenders and
private mortgage insurers, respectively. The study shall be
designed to determine--
(1) the geographical areas in which properties are located
for which loans are made by private mortgage lenders and the
characteristics of such areas;
(2) the extent of lending activity by private mortgage
lenders, in terms of number of loans and principal amount, in
areas having a low median income, a moderate median income,
and other areas;
(3) the types of loans made by private mortgage lenders,
and the extent of lending activity, in each of the areas
described in paragraph (2), which shall include the types and
extent of any lending activity made in connection with
economic development of low- and moderate-income areas;
(4) the geographical areas in which properties are located
for which mortgage insurance is provided by private mortgage
insurers and the characteristics of such areas;
(5) the extent of insurance activity by private mortgage
insurers, in terms of number of loans insured and principal
amount insured, in areas having a low median income, a
moderate median income, and other areas; and
(6) the types of loans insured and extent of insurance
activity by private mortgage insurers in each of the areas
described in paragraph (5), which shall include the types and
extent of any insurance activity made in connection with
mortgages or loans for economic development activity in low-
and moderate-income areas.
(b) Report.--The Secretary shall submit a report to the
Congress describing the results of the study under this
section not later than the expiration of the 6-month period
beginning on the date of the enactment of this Act.
(c) Definitions.--For purposes of this section--
(1) the term ``private mortgage insurer'' means a person
who provides insurance against the nonpayment of, or default
on, a mortgage or loan for residential or commercial property
that is not insurance made available under the National
Housing Act, title 38 of the United States Code, or title V
of the Housing Act of 1949; and
(2) the term ``private mortgage lender'' means any lender
that is not subject to the
[[Page 1316]]
supervision, approval, regulation, or insuring of the Board
of Governors of the Federal Reserve System, the Federal
Deposit Insurance Corporation, the Comptroller of the
Currency, the Office of Thrift Supervision, the National
Credit Union Administration, or any other Federal agency that
regulates lending activity. The term does not include
institutions engage primarily in the purchase of mortgage
loans.
Subtitle B--Secondary Mortgage Market Programs
SEC. 441. LIMITATION ON GNMA GUARANTEES OF MORTGAGE-BACKED
SECURITIES.
Section 306(g)(2) of the Federal National Mortgage
Association Charter Act (12 U.S.C. 1721(g)(2)) is amended to
read as follows:
``(2) Notwithstanding any other provision of law and
subject only to the absence of qualified requests for
guarantees, to the authority provided in this subsection, and
to the extent of or in such amounts as any funding limitation
approved in appropriation Acts, the Association shall enter
into commitments to issue guarantees under this subsection in
an aggregate amount of $130,000,000,000 during fiscal year
1995 and $130,000,000,000 during fiscal year 1996. There are
authorized to be appropriated to cover the costs (as such
term is defined in section 502 of the Congressional Budget
Act of 1974) of guarantees issued under this Act by the
Association such sums as may be necessary for each of fiscal
years 1995 and 1996.''.
SEC. 442. ASSESSMENT COLLECTION DATES FOR OFFICE OF FEDERAL
HOUSING ENTERPRISE OVERSIGHT.
Section 1316(b) of the Housing and Community Development
Act of 1992 (12 U.S.C. 4516(b)) is amended by striking
paragraph (2) and inserting the following new paragraph:
``(2) Timing of payment.--The annual assessment shall be
payable semiannually for each fiscal year, on October 1st and
April 1st.''.
Subtitle C--Emergency Mortgage Relief
SEC. 461. AMENDMENTS TO EMERGENCY HOMEOWNERS' RELIEF ACT.
(a) Findings.--Section 102(a) of the Emergency Homeowners'
Relief Act (12 U.S.C. 2701(a)) is amended--
(1) by striking paragraph (1) and inserting the following
new paragraph:
``(1) certain homeowners in the United States are
encountering severe economic hardships as a result of
unemployment or a reduction in income;'';
(2) in paragraph (2), by striking ``adverse economic
conditions'' and inserting ``economic hardships''; and
(3) in paragraph (3), by striking ``economic conditions''
and inserting ``their economic conditions''.
(b) Mortgages Eligible for Assistance.--Section 103 of the
Emergency Homeowners' Relief Act (12 U.S.C. 2702) is
amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6)--
(A) by inserting ``a 1- to 4-family residence that is''
after ``is''; and
(B) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following new paragraph:
``(7) the delinquency for which the holder of the mortgage
intends to foreclose commenced after the date of the
enactment of the Housing and Community Development Act of
1994.''.
(c) Authorization of Appropriations.--Section 109(a) of the
Emergency Homeowners' Relief Act (12 U.S.C. 2708(a)) is
amended by striking ``, except that'' and all that follows
through ``$500,000,000'' and inserting ``for fiscal years
1995 and 1996''.
(d) Expiration Date.--Section 109(b) of the Emergency
Homeowners' Relief Act (12 U.S.C. 2708(b)) is amended by
striking ``September 30, 1977'' and inserting ``September 30,
1996''.
(e) Notification.--Section 110 of the Emergency Homeowners'
Relief Act (12 U.S.C. 2709) is amended--
(1) in paragraph (1) of the 1st sentence--
(A) by striking ``October 1, 1977'' and inserting
``September 30, 1996''; and
(B) by inserting ``single family'' before ``residential'';
(2) in paragraph (2) of the 1st sentence, by striking
``until one year from the date of the enactment of this
title'' and inserting ``during fiscal years 1995 and 1996'';
and
(3) in the 2d sentence, by striking ``Federal Home Loan
Bank Board, the Federal Savings and Loan Insurance
Corporation'' and inserting ``Office of Thrift Supervision''.
(f) Reports.--Section 111 of the Emergency Homeowners'
Relief Act (12 U.S.C. 2710) is amended--
(1) by striking ``Within'' and all that follows through
``Congress on'' and inserting the following: ``For fiscal
year 1995 and each fiscal year thereafter that begins before
the date in section 109(b), the Secretary shall submit a
report under this section to the Congress. The report for a
fiscal year shall be submitted not later than 60 days after
the end of the fiscal year and shall describe'';
(2) by striking ``purposes'' and inserting ``purpose'';
(3) by inserting ``and'' before ``(4)''; and
(4) by striking ``; and (5)'' and all that follows and
inserting a period.
Subtitle D--Nonjudicial Foreclosure of Defaulted Single Family
Mortgages
SEC. 481. SHORT TITLE.
This subtitle may be cited as the ``Single Family Mortgage
Foreclosure Act of 1994''.
SEC. 482. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) disparate State laws under which mortgages are
foreclosed on behalf of the Secretary of Housing and Urban
Development covering one- to four-family residential
properties burden certain programs administered by the
Secretary, increase the costs of collecting these
obligations, and cause detriment to the community generally;
(2) long periods to complete the foreclosure of these
mortgages under certain State laws lead to deterioration in
the condition of the properties involved; necessitate
substantial Federal holding expenditures; increase the risk
of vandalism, fire loss, depreciation, damage, and waste with
respect to the properties; and adversely affect the
neighborhoods in which the properties are located;
(3) these conditions seriously impair the Secretary's
ability to protect the Federal financial interest in the
affected properties and frustrate attainment of the
objectives of the underlying Federal program authority;
(4) the availability of a uniform and more expeditious
procedure, with no right of redemption in the mortgagor or
others, for the foreclosure of these mortgages by the
Secretary will tend to ameliorate these conditions; and
(5) providing the Secretary with a nonjudicial foreclosure
procedure will reduce unnecessary litigation by removing many
foreclosures from the courts where they contribute to
overcrowded calendars.
(b) Purpose.--The purpose of this subtitle is to create a
uniform Federal foreclosure remedy for single family
mortgages that (1) are held by the Secretary of Housing and
Urban Development pursuant to title I or title II of the
National Housing Act or (2) secure loans obligated by the
Secretary under section 312 of the Housing Act of 1964.
SEC. 483. DEFINITIONS.
As used in this subtitle--
(1) the term ``bona fide purchaser'' means a purchaser for
value in good faith and without notice of any adverse claim,
who will, therefore, acquire the security property free of
any adverse claim;
(2) the term ``mortgage'' means a deed of trust, mortgage,
deed to secure debt, security agreement, or any other form of
instrument under which any interest in property, real,
personal or mixed, or any interest in property including
leaseholds, life estates, reversionary interests, and any
other estates under applicable State law, is conveyed in
trust, mortgaged, encumbered, pledged, or otherwise rendered
subject to a lien for the purpose of securing the payment of
money or the performance of an obligation;
(3) the term ``single family mortgage'' means a mortgage
that covers property on which there is located a one- to
four-family residence, which mortgage--
(A) is held by the Secretary pursuant to title I or title
II of the National Housing Act, or
(B) secures a loan obligated by the Secretary under section
312 of the Housing Act of 1964, as it existed before its
repeal by section 289 of the Cranston-Gonzalez National
Affordable Housing Act (except that a mortgage securing such
a loan that covers property containing non-residential space
and a one- to four-family dwelling shall not be subject to
this Act);
(4) the term ``mortgage agreement'' means the note or debt
instrument and the mortgage instrument, deed of trust
instrument, trust deed, or instrument or instruments creating
the mortgage, including any instrument incorporated by
reference therein and any instrument or agreement amending or
modifying any of the foregoing;
(5) the term ``mortgagor'' means the obligor, grantor, or
trustor named in the mortgage agreement and, unless the
context otherwise indicates, includes the current owner of
record of the security property whether or not personally
liable on the mortgage debt;
(6) the term ``owner'' means any person who has an
ownership interest in property and includes heirs, devisees,
executors, administrators, and other personal
representatives, and trustees of testamentary trusts if the
owner of record is deceased;
(7) the term ``person'' includes any individual, group of
individuals, association, partnership, corporation, or
organization;
(8) the terms ``record'' and ``recorded'' include
``register'' and ``registered'' in the instance of registered
land;
(9) the term ``security property'' means the property
(real, personal or mixed) or an interest in property
(including leaseholds, life estates, reversionary interests,
and any other estates under applicable State law), together
with fixtures and other interests subject to the lien of the
mortgage under applicable State law;
(10) the term ``State'' means the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American Samoa, the
Northern Mariana Islands, the Trust Territory of the Pacific
Islands, and Indian tribes as defined by the Secretary;
(11) the term ``county'' means county as defined in section
2 of title I, United States Code; and
(12) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
SEC. 484. APPLICABILITY.
Single family mortgages encumbering real estate located in
any State may be foreclosed by the Secretary in accordance
with this subtitle, or pursuant to other foreclosure
procedures available, at the option of the Secretary.
SEC. 485. DESIGNATION OF FORECLOSURE COMMISSIONER.
A foreclosure commissioner or commissioners designated
pursuant to this subtitle
[[Page 1317]]
shall have a nonjudicial power of sale as provided in this
subtitle. Where the Secretary wishes to foreclose upon a
single family mortgage, the Secretary may designate a
foreclosure commissioner and, with or without cause, may
designate a substitute foreclosure commissioner to replace a
previously designated foreclosure commissioner, by executing
a duly acknowledged, written designation stating the name and
business or residential address of the commissioner or
substitute commissioner. The designation shall be effective
upon execution. The foreclosure commissioner, if a natural
person, shall be a resident of the State in which the
security property is located and, if not a natural person,
the foreclosure commissioner must be duly authorized to
transact business under the laws of the State in which the
security property is located. The foreclosure commissioner
shall be a person who is responsible, financially sound, and
competent to conduct the foreclosure. More than one
foreclosure commissioner may be designated. If a natural
person is designated as foreclosure commissioner or
substitute foreclosure commissioner, such person shall be
designated by name, except that where such person is
designated in his or her capacity as an official or employee
of a government or corporate entity, such person may be
designated by his or her unique title or position instead of
by name.
SEC. 486. PREREQUISITES TO FORECLOSURE.
Foreclosure by the Secretary under this subtitle of a
single family mortgage may be commenced, as provided in
section 488, upon the breach of a covenant or condition in
the mortgage agreement for which foreclosure is authorized
under the mortgage, except that no such foreclosure may be
commenced unless any previously pending proceeding, judicial
or nonjudicial, separately instituted by the Secretary to
foreclose the mortgage other than under this subtitle has
been withdrawn, dismissed, or otherwise terminated. No such
separately instituted foreclosure proceeding on the mortgage
shall be instituted by the Secretary during the pendency of
foreclosure pursuant to this subtitle. Nothing in this
subtitle shall preclude the Secretary from enforcing any
right, other than foreclosure, under applicable Federal or
State law, including any right to obtain a monetary judgment.
Nothing in this subtitle shall preclude the Secretary from
foreclosing under this subtitle where the Secretary has
obtained or is seeking any other remedy available pursuant to
Federal or State law or under the mortgage agreement,
including, but not limited to, the appointment of a receiver,
mortgagee-in-possession status, or relief under an assignment
of rents.
SEC. 487. NOTICE OF FORECLOSURE SALE.
The notice of foreclosure sale to be served in accordance
with this subtitle shall be subscribed with the name and
address of the foreclosure commissioner and the date on which
subscribed, and shall set forth the following information:
(1) The names of the Secretary, the original mortgagee (if
other than the Secretary), and the original mortgagor.
(2) The street address or a description of the location of
the security property, and a description of the security
property, sufficient to identify the property to be sold.
(3) The date of the mortgage, the office in which the
mortgage is recorded, and the liber and folio or other
description of the location of recordation of the mortgage.
(4) The failure to make payment, including the due date of
the earliest installment payment remaining wholly unpaid as
of the date the notice is subscribed, or the description of
other default or defaults upon which foreclosure is based,
and the acceleration of the secured indebtedness.
(5) The date, time, and place of the foreclosure sale.
(6) A statement that the foreclosure is being conducted
pursuant to this subtitle.
(7) The types of costs, if any, to be paid by the purchaser
upon transfer of title.
(8) The amount and method of deposit to be required at the
foreclosure sale (except that no deposit shall be required of
the Secretary), the time and method of payment of the balance
of the foreclosure purchase price, and other appropriate
terms of sale.
SEC. 488. COMMENCEMENT OF FORECLOSURE.
(a) Request.--If the Secretary as holder of a single family
mortgage determines that the prerequisites to foreclosure set
forth in section 486 are satisfied, the Secretary may request
the foreclosure commissioner to commence foreclosure of a
single family mortgage. Upon such request, the foreclosure
commissioner shall commence foreclosure of the mortgage, by
commencing service of a notice of default and foreclosure
sale in accordance with section 489.
(b) Substitute Commissioner.--After commencement of a
foreclosure under this subtitle, the Secretary may designate
a substitute foreclosure commissioner at any time before the
time of foreclosure sale, and the foreclosure shall continue
without prejudice, unless the substitute commissioner, in his
or her sole discretion, finds that continuation of the
foreclosure sale will unfairly affect the interests of the
mortgagor. If the substitute commissioner makes such a
finding, the substitute commissioner shall cancel the
foreclosure sale, or adjourn such sale in the manner provided
in section 491(c). Upon designation of a substitute
foreclosure commissioner, a copy of the written notice of
such designation referred to in section 485 shall be served
(1) by mail, as provided in such section 489 (except that the
minimum time periods between mailing and the date of
foreclosure sale prescribed in such section shall not apply),
or (2) in any other manner which, in the substitute
commissioner's sole discretion, is conducive to achieving
timely notice of such substitution.
SEC. 489. SERVICE OF NOTICE OF FORECLOSURE.
The foreclosure commissioner shall serve the notice of
foreclosure sale provided for in section 487 upon the
following persons and in the following manner, and no
additional notice shall be required to be served,
notwithstanding any notice requirements of any State or local
law:
(1) Timing.--At least 45 days prior to the date of the
foreclosure sale, the notice of foreclosure sale required by
section 488 of this subtitle shall be filed in the manner
authorized for filing a notice of an action concerning real
property according to the law of the State where the security
property is located or, if none, in the manner authorized by
section 3201 of title 28, United States Code.
(2) Notice by mail.--The notice of foreclosure sale shall
be sent by certified or registered mail, postage prepaid and
return receipt requested to the following:
(A) The current security property owner of record, as the
record exists 60 days before the date originally set for
foreclosure sale, whether or not the notice describes a sale
adjourned as provided in this subtitle.
(B) All mortgagors of record or other persons who appear of
record or in the mortgage agreement to be liable for part or
all of the mortgage debt, as the record exists 60 days before
the date originally set for foreclosure sale, whether or not
the notice describes a sale adjourned as provided in this
subtitle, except any such mortgagors or persons who have been
released.
(C) All dwelling units in the security property, whether or
not the notice describes a sale adjourned as provided in this
subtitle.
(D) All persons holding liens of record upon the security
property, as the record exists 60 days before the date
originally set for foreclosure sale, whether or not the
notice describes a sale adjourned as provided in this
subtitle.
Notice under subparagraphs (A) and (B) of this paragraph
shall be mailed at least 45 days before the date of
foreclosure sale, and shall be mailed to the owner or
mortgagor at the last known address of the owner or
mortgagor, or, if none, to the address of the security
property, or, at the discretion of the foreclosure
commissioner, to any other address believed to be that of
such owner or mortgagor. Notice under subparagraph (C) of
this paragraph shall be mailed at least 45 days before the
date of foreclosure sale. If the names of the occupants of
the security property are not known to the Secretary, or the
security property has more than one dwelling, the notice
shall be posted at the security property at least 45 days
prior to the foreclosure sale. Notice under subparagraph (D)
of this paragraph shall be mailed at least 45 days before the
date of foreclosure sale, and shall be mailed to each such
lienholder's address as stated of record or, at the
discretion of the foreclosure commissioner, to any other
address believed to be that of such lienholder. Notice by
mail pursuant to this subsection or section 488(b) shall be
deemed duly given upon mailing, whether or not received by
the addressee and whether or not a return receipt is received
or the letter is returned.
(3) Publication.--A copy of the notice of default and
foreclosure sale shall be published, as provided herein, once
a week during three successive calendar weeks before the sale
date. Such publication shall be in a newspaper or newspapers
having general circulation in the county or counties in which
the security property being sold is located. To the extent
practicable, the newspaper or newspapers chosen shall be a
newspaper or newspapers, if any is available, having
circulation conducive to achieving notice of foreclosure by
publication. A legal newspaper that is accepted as a
newspaper of legal record in the county or counties in which
the security property being sold is located shall be
considered a newspaper having general circulation for the
purposes of this paragraph. Should there be no newspaper
published at least weekly which has a general circulation in
one of the counties in which the security property being sold
is located, copies of the notice of default and foreclosure
sale shall be posted at the courthouse of any county or
counties in which the security property is located and at the
place where the sale is to be held at least 21 days before
the date of sale.
SEC. 490. PRESALE REINSTATEMENT.
(a) In General.--Except as provided in sections 488(b) and
491(c), the foreclosure commissioner shall withdraw the
security property from foreclosure and cancel the foreclosure
sale only if--
(1) the Secretary so directs the commissioner prior to or
at the time of sale;
(2) the commissioner finds, upon application of the
mortgagor at least three days before the date of sale, that
the default or defaults upon which the foreclosure is based
did not exist at the time of service of the notice of default
and foreclosure sale; or
(3)(A) in the case of a foreclosure involving a monetary
default, there is tendered to the foreclosure commissioner
before public auction is completed the entire amount of
principal and interest which would be due if payments under
the mortgage had not been accelerated;
(B) in the case of a foreclosure involving a nonmonetary
default, the foreclosure commissioner, upon application of
the mortgagor
[[Page 1318]]
before the date of foreclosure sale, finds that such default
is cured; and
(C) there is tendered to the foreclosure commissioner
before public auction is completed all amounts due under the
mortgage agreement (excluding additional amounts which would
have been due if mortgage payments had been accelerated), all
amounts of expenditures secured by the mortgage, and all
costs of foreclosure incurred for which payment from the
proceeds of foreclosure is provided in section 492, except
that the Secretary shall have discretion to refuse to cancel
a foreclosure pursuant to this paragraph if the current
mortgagor or owner of record has on one or more previous
occasions caused a foreclosure of the mortgage, commenced
pursuant to this subtitle or otherwise, to be canceled by
curing a default.
(b) Opportunity to Secretary.--Before withdrawing the
security property from foreclosure in the circumstances
described in subsection (a)(2) or (a)(3), the foreclosure
commissioner shall afford the Secretary a reasonable
opportunity to demonstrate why the security property should
not be so withdrawn.
(c) Effect on Mortgage.--In any case in which a foreclosure
commenced under this subtitle is canceled, the mortgage shall
continue in effect as though acceleration had not occurred.
(d) Effect on Subsequent Foreclosure.--If the foreclosure
commissioner cancels a foreclosure sale under this subtitle a
new foreclosure may be subsequently commenced as provided in
this subtitle.
(e) Notice of Cancellation.--The foreclosure commissioner
shall file a notice of cancellation in the same place and
manner provided for filing the notice of foreclosure sale in
section 489.
SEC. 491. CONDUCT OF SALE AND ADJOURNMENT.
(a) Time and Location.--Foreclosure sale pursuant to this
subtitle shall be at public auction, and shall be scheduled
to begin between the hours of 9 a.m. and 4 p.m. local time.
The foreclosure sale shall be held at a location specified in
the notice of default and foreclosure sale, which shall be a
location where foreclosure real estate auctions are
customarily held in the county or one of the counties in
which the property to be sold is located, or at a courthouse
therein, or at or on the property to be sold. Sale of
security property situated in two or more counties may be
held in any one of the counties in which any part of the
security property is situated. The foreclosure commissioner
may designate the order in which multiple tracts of security
are sold.
(b) Sale Procedures.--The foreclosure commissioner shall
conduct the foreclosure sale in accordance with the
provisions of this subtitle and in a manner fair to both the
mortgagor and the Secretary. Written one-price sealed bids
shall be accepted by the foreclosure commissioner from the
Secretary and other persons for entry by announcement by the
commissioner at the sale. The Secretary and any other person
may bid at the foreclosure sale, including the Secretary or
any other person who has submitted a written one-price bid.
The foreclosure commissioner or any relative, related
business entity, or employee of such commissioner or entity
shall not be permitted to bid in any manner on the security
property subject to foreclosure sale, except that the
foreclosure commissioner or an auctioneer may be directed by
the Secretary to enter a bid on the Secretary's behalf. The
foreclosure commissioner may serve as auctioneer, or, in
accordance with regulations of the Secretary, may employ an
auctioneer to be paid from the commission provided for in
section 492(5).
(c) Adjournment or Cancellation.--The foreclosure
commissioner shall have discretion, prior to or at the time
of sale to adjourn or cancel the foreclosure sale if the
commissioner determines, in the commissioner's discretion,
that circumstances are not conducive to a sale which is fair
to the mortgagor and the Secretary or that additional time is
necessary to determine whether the security property should
be withdrawn from foreclosure as provided in section 490. The
foreclosure commissioner may adjourn a sale to a later hour
the same day by announcing or posting the new time and place
of the foreclosure sale, or may adjourn the foreclosure sale
for not less than 9 nor more than 31 days, in which case the
commissioner shall serve a notice of default and foreclosure
sale revised to recite that the foreclosure sale has been
adjourned to a specified date and to include any corrections
the foreclosure commissioner deems appropriate. Such notice
shall be served by publication and mailing in accordance with
section 489, except that publication may be made on any of 3
separate days before the revised date of foreclosure sale,
and mailing may be made at any time at least 7 days before
the date to which the foreclosure sale has been adjourned.
(d) Deposit.--The foreclosure commissioner may require a
bidder to make a cash deposit in an amount or percentage set
by him and stated in the notice of foreclosure sale before
the bid is accepted. A successful bidder at the foreclosure
sale who fails to comply with the terms of the sale may be
required to forfeit the cash deposit or, at the election of
the foreclosure commissioner after consultation with the
Secretary, shall be liable to the agency for any costs
incurred by the agency as a result of such failure.
(e) Presumption.--Any foreclosure sale held in accordance
with this subtitle shall be conclusively presumed to have
been conducted in a legal, fair, and reasonable manner. The
sale price shall be conclusively presumed to be reasonable
and equal to the fair market value of the property.
SEC. 492. FORECLOSURE COSTS.
The following foreclosure costs shall be paid from the sale
proceeds before satisfaction of any other claim to such sale
proceeds:
(1) Necessary advertising costs and postage incurred in
giving notice pursuant to sections 489 and 491.
(2) Mileage for posting notices and for the foreclosure
commissioner's or auctioneer's attendance at the sale as
provided in section 1921 of title 28, United States Code, for
mileage by the most reasonable road distance.
(3) Reasonable and necessary costs actually incurred in
connection with any necessary search of title and lien
records.
(4) Necessary out-of-pocket costs incurred by the
foreclosure commissioner to record documents.
(5) A commission for the foreclosure commissioner other
than an employee of the United States for the conduct of the
foreclosure to the extent authorized by the Secretary.
SEC. 493. DISPOSITION OF SALE PROCEEDS.
Money realized from a foreclosure sale shall be made
available for obligation and expenditure--
(1) first, to cover the costs of foreclosure provided for
in section 492;
(2) then, to pay valid tax liens or assessments if required
by the notice of foreclosure sale;
(3) then, to pay any liens recorded before the recording of
the mortgage which are required to be paid in conformity with
the terms of sale in the notice of foreclosure sale;
(4) then, to service charges and advances for taxes,
assessments, and property insurance premiums;
(5) then, to the interest;
(6) then, to the principal balance secured by the mortgage
(including expenditures for the necessary protection,
preservation, and repair of the security property as
authorized under the mortgage agreement and interest thereon
if provided for in the mortgage agreement); and
(7) then, to late charges.
Any surplus after payment of the foregoing shall be paid to
holders of liens recorded after the mortgage in the order of
priority under Federal law or the law of the State where the
security property is located and then to the appropriate
mortgagor. If the person to whom such surplus is to be paid
cannot be located, or if the surplus available is
insufficient to pay all claimants and the claimants cannot
agree on the allocation of the surplus, or if any person
claiming an interest in the mortgage proceeds does not agree
that some or all of the sale proceeds should be paid to a
claimant as provided in this section, that part of the sale
proceeds in question may be deposited by the foreclosure
commissioner with an appropriate official or court authorized
under law to receive disputed funds in such circumstances. If
such a procedure for the deposit of disputed funds is not
available, and the foreclosure commissioner files a bill of
interpleader or is sued as a stakeholder to determine
entitlement to such funds, the foreclosure commissioner's
necessary costs in taking or defending such action shall be
deductible from the disputed funds.
SEC. 494. TRANSFER OF TITLE AND POSSESSION.
(a) Delivery of Deed.--The foreclosure commissioner shall
deliver a deed or deeds to the purchaser or purchasers
without warranty or covenants to the purchaser or purchasers
and obtain the balance of the purchase price in accordance
with the terms of sale provided in the notice of default and
foreclosure sale. Notwithstanding State law to the contrary,
the commissioner's deed shall be a conveyance of property,
and no judicial proceeding shall be required ancillary or
supplementary to the procedures provided in this subtitle to
assure the validity of the conveyance or confirmation of such
conveyance.
(b) Possession.--A purchaser at a foreclosure sale held
pursuant to this subtitle shall be entitled to possession
upon passage of title to the mortgaged property, subject to
an interest or interests not barred under section 496. Any
person remaining in possession after the passage of title
shall be deemed a tenant at sufferance subject to eviction
under local law.
(c) Death of Purchaser.--If a purchaser dies before
execution and delivery of the deed conveying the property to
the purchaser, the foreclosure commissioner shall execute and
deliver the deed to the representative of the purchaser's
estate upon payment of the purchase price in accordance with
the terms of sale. Such delivery to the representative of the
purchaser's estate shall have the same effect as if
accomplished during the lifetime of the purchaser.
(d) Bona Fide Purchaser.--The purchaser of property under
this subtitle shall be presumed to be a bona fide purchaser
without notice of defects, if any, in the title conveyed to
said purchaser if the purchaser would have been considered a
bona fide purchaser without notice had the sale been made
voluntarily and in person by the debtor.
(e) Nullification of Right of Redemption.--There shall be
no right of redemption, or right of possession based upon
right of redemption, in the mortgagor or others subsequent to
a foreclosure pursuant to this subtitle. Section 204(l) of
the National Housing Act and section 701 of the Department of
[[Page 1319]]
Housing and Urban Development Reform Act of 1989 shall not
apply to mortgages foreclosed under this subtitle.
(f) Tax.--When conveyance is made to the Secretary, no tax
of any State, county, municipality, or local taxing authority
shall be imposed or collected with respect to the foreclosure
commissioner's deed, whether as a tax upon the instrument or
upon the privilege of conveying or transferring title to the
property. Failure to collect or pay a tax of the type and
under the circumstances stated in the preceding sentence
shall not be grounds for refusing to record such a deed, for
failing to recognize such recordation as imparting notice, or
for denying the enforcement of such a deed and its provisions
in any State or Federal court.
SEC. 495. RECORD OF FORECLOSURE AND SALE.
(a) Record.--To establish a sufficient record of
foreclosure and sale, the foreclosure commissioner shall
include in the recitals of the deed to the purchaser or
prepare an affidavit or addendum to the deed stating--
(1) the date, time and place of sale;
(2) that the mortgage was held by the Secretary, the date
of the mortgage, the office in which the mortgage was
recorded, and the liber and folio or other description of the
recordation of the mortgage;
(3) the particulars of the foreclosure commissioner's
service of notice of default and foreclosure sale in
accordance with sections 489 and 491;
(4) the date and place of filing the notice of foreclosure
sale;
(5) that the foreclosure was conducted in accordance with
the provisions of this subtitle and with the terms of the
notice of default and foreclosure sale; and
(6) the sale amount.
(b) Effect of Statements.--The statements set forth in
subsection (a) shall be prima facie evidence of the truth of
such recitals and statement of facts in any Federal or State
court; and shall be a conclusive presumption in favor of bona
fide purchasers and encumbrancers for value without notice.
Encumbrancers for value include liens placed by lenders who
provide the purchaser with purchase money in exchange for a
security interest in the newly-conveyed property.
(c) Recordation.--The deed executed by the foreclosure
commissioner, the foreclosure commissioner's affidavit and
any other instruments submitted for recordation in relation
to the foreclosure of the security property under this
subtitle shall be accepted for recordation by the registrar
of deeds or other appropriate official of the county or
counties in which the security property is located upon
tendering of payment of the usual recording fees for such
instruments without regard to the compliance of those
instruments with local filing requirements.
SEC. 496. EFFECT OF SALE.
A sale, made and conducted as prescribed in this subtitle
to a bona fide purchaser, shall be an entire bar of all
claims upon, or with respect to, the property sold, of each
of the following persons:
(1) Any person to whom the notice of foreclosure sale was
mailed as provided in this subtitle, and the heir, devisee,
executor, administrator, successor or assignee claiming under
any such person.
(2) Any person claiming any interest in the property
subordinate to that of the mortgage, if such person had
actual knowledge of the sale.
(3) Each person, claiming any interest in the property,
whose assignment, mortgage, or other conveyance was not duly
recorded or filed in the proper place for recording or
filing, or whose judgment or decree was not duly docketed or
filed in the proper place for docketing or filing, prior to
the date on which the notice of sale was first served by
publication, as required by section 489(2); and the executor,
administrator, or assignee of such a person.
(4) Every other person claiming under a statutory lien or
encumbrance created subsequent to the recording or filing of
the mortgage being foreclosed, attaching to the title or
interest of any person designated in any of the foregoing
subsections of this section.
SEC. 497. COMPUTATION OF TIME.
Periods of time provided for in this subtitle shall be
calculated in consecutive calendar days including the day or
days on which the actions or events occur or are to occur for
which the period of time is provided and including the day on
which an event occurs or is to occur from which the period is
to be calculated.
SEC. 498. SEPARABILITY.
If any clause, sentence, paragraph, or part of this
subtitle shall, for any reason, be adjudged by a court of
competent jurisdiction to be invalid or invalid as applied to
a class of cases, such judgment shall not affect, impair, or
invalidate the remainder thereof and of this subtitle, but
shall be confined in its operation to the clause, sentence,
paragraph, or part thereof directly involved in the
controversy in which such judgment shall have been rendered.
SEC. 499. DEFICIENCY JUDGMENT.
(a) In General.--If after deducting the disbursements
provided for in section 493 of this subtitle, the price at
which the security property is sold at a foreclosure sale is
less than the unpaid balance of the debt secured by the
security property, resulting in a deficiency, the Secretary
may refer the matter to the Attorney General who may commence
an action or actions against any or all debtors to recover
the deficiency, unless specifically prohibited by the
mortgage. The United States is also entitled to recover any
amount authorized by section 3011 of title 28, United States
Code, and costs of the action.
(b) Limitation.--Any action commenced to recover the
deficiency must be brought within 6 years of the last sale of
the security property.
TITLE V--RURAL HOUSING
SEC. 501. PROGRAM AUTHORIZATIONS.
(a) Insurance and Guarantee Authority.--Section 513(a) of
the Housing Act of 1949 (42 U.S.C. 1483(a)) is amended to
read as follows:
``(a) Insurance and Guarantee Authority.--
``(1) In general.--The Secretary may, to the extent
approved in appropriation Acts, insure and guarantee loans
under this title during fiscal years 1995 and 1996, in
aggregate amounts not to exceed $3,231,103,950 and
$3,360,037,069, respectively, as follows:
``(A) For insured or guaranteed loans under section 502 on
behalf of low-income borrowers receiving assistance under
section 521(a)(1), $1,802,500,000 for fiscal year 1995 and
$1,856,575,000 for fiscal year 1996.
``(B) For guaranteed loans under section 502(h) on behalf
of low- and moderate-income borrowers, $772,500,000 for
fiscal year 1995 and $795,675,000 for fiscal year 1996.
``(C) For loans under section 504, $36,050,000 for fiscal
year 1995 and $37,131,500 for fiscal year 1996.
``(D) For insured loans under section 514, $18,053,950 for
fiscal year 1995 and $18,595,569 for fiscal year 1996.
``(E) For insured loans under section 515, $600,000,000 for
fiscal year 1995 and $650,000,000 for fiscal year 1996.
``(F) For loans under section 523(b)(1)(B), $1,000,000 for
fiscal year 1995 and $1,030,000 for fiscal year 1996.
``(G) For site loans under section 524, $1,000,000 for
fiscal year 1995 and $1,030,000 for fiscal year 1996.
``(2) Limitation on use.--Notwithstanding any other
provision of law, insured or guaranteed loan authority in
this title for any fiscal year shall not be transferred or
used for any purpose not specified in this title.''.
(b) Authorization of Appropriations.--Section 513(b) of the
Housing Act of 1949 (42 U.S.C. 1483(b)) is amended to read as
follows:
``(b) Authorization of Appropriations.--There are
authorized to be appropriated for fiscal years 1995 and 1996,
and to remain available until expended, the following
amounts:
``(1) For grants under section 502(c)(5)(C)(i), $10,000,000
for fiscal year 1995, and $10,000,000 for fiscal year 1996.
``(2) For grants under section 504, $31,000,000 for fiscal
year 1995 and $31,930,000 for fiscal year 1996.
``(3) For purposes of section 509(c), $1,000,000 for fiscal
year 1995 and $1,030,000 for fiscal year 1996.
``(4) For project preparation grants under section
509(f)(6), $5,688,278 for fiscal year 1995 and $5,858,926 for
fiscal year 1996.
``(5) In fiscal years 1995 and 1996, such sums as may be
necessary to meet payments on notes or other obligations
issued by the Secretary under section 511 equal to--
``(A) the aggregate of the contributions made by the
Secretary in the form of credits on principal due on loans
made pursuant to section 503; and
``(B) the interest due on a similar sum represented by
notes or other obligations issued by the Secretary.
``(6) For grants for service coordinators under section
515(y), $1,073,260 for fiscal year 1995 and $1,105,458 for
fiscal year 1996.
``(7) For financial assistance under section 516--
``(A) for low-rent housing and related facilities for
domestic farm labor under subsections (a) through (j) of such
section, $15,000,000 for fiscal year 1995 and $18,000,000 for
fiscal year 1996; and
``(B) for housing for rural homeless and migrant
farmworkers under subsection (k) of such section, $10,269,230
for fiscal year 1995 and $11,407,307 for fiscal year 1996.
``(8) For grants under section 523(f), $14,918,314 for
fiscal year 1995 and $15,365,863 for fiscal year 1996.
``(9) For grants under section 533, $33,056,408 for fiscal
year 1993 and $34,048,100 for fiscal year 1994.
``(10) For grants under section 538, $10,000,000 for fiscal
year 1995, which shall remain available until the end of
fiscal year 1997.
``(11) For assistance under section 539, $10,000,000 for
fiscal year 1995 and $12,000,000 for fiscal year 1996.''.
(c) Rental Assistance Payment Contracts.--Section 513(c) of
the Housing Act of 1949 (42 U.S.C. 1483(c)(1)) is amended by
striking ``(c)'' and all that follows through the end of
paragraph (1) and inserting the following:
``(c) Rental and Operating Assistance.--(1) The Secretary,
to the extent approved in appropriations Acts for fiscal
years 1995 and 1996, may enter into rental assistance payment
contracts under section 521(a)(2)(A) and contracts for
operating assistance under section 521(a)(5), aggregating
$454,079,620 for fiscal year 1995 and $467,702,009 for fiscal
year 1996.''.
(d) Supplemental Rental Assistance Payment Contracts.--
Section 513(d) of the Housing Act of 1949 (42 U.S.C. 1483(d))
is amended to read as follows:
``(d) Supplemental Rental Assistance Contracts.--The
Secretary, to the extent approved in appropriations Acts for
fiscal years 1995 and 1996, may enter into 5-year
[[Page 1320]]
supplemental rental assistance contracts under section
502(c)(5)(D) aggregating $13,070,160 for fiscal year 1995 and
$13,462,265 for fiscal year 1996.''.
(e) Rural Housing Voucher Authority.--Section 513(e) of the
Housing Act of 1949 (42 U.S.C. 1483(e)) is amended to read as
follows:
``(e) Rural Housing Vouchers.--There are authorized to be
appropriated for rural housing vouchers under section 542,
$30,000,000 for fiscal year 1995 and $40,000,000 for fiscal
year 1996.''.
(f) Rental Housing Loan Authority.--Section 515(b) of the
Housing Act of 1949 (42 U.S.C. 1485(b)) is amended--
(1) by striking paragraph (4); and
(2) by redesignating paragraphs (5) and (6) as paragraphs
(4) and (5), respectively.
SEC. 502. ELIGIBILITY OF NATIVE AMERICANS FOR RURAL HOUSING
PROGRAMS.
Section 501(b)(6) of the Housing Act of 1949 (42 U.S.C.
1471(b)(6)) is amended by adding at the end the following new
sentence: ``In any case in which assistance made available
under this title may be provided to a State or State agency
or in which a State or State agency is eligible to
participate in a program or activity under this title, such
assistance may also be provided to Indian tribes and tribal
agencies and Indian tribes and tribal agencies shall be
eligible to participate, respectively.''.
SEC. 503. ESCROW FUND.
Section 501(e) of the Housing Act of 1949 (42 U.S.C.
1471(e)) is amended by striking the third and fourth
sentences and inserting the following: ``The Secretary may
establish in the Treasury of the United States an escrow fund
for the deposit of such periodic payments. The Secretary may
direct the Secretary of the Treasury to invest and reinvest
amounts in the escrow fund in public debt securities with
maturities suitable for the needs of the escrow fund and
bearing interest at rates determined by the Secretary of the
Treasury, taking into consideration the current average
market yield on outstanding marketable obligations of the
United States of comparable maturities. Any interest earned
shall be credited to the escrow fund. The Secretary shall
disburse amounts at the appropriate time or times for the
purposes for which the amounts were escrowed in the fund. The
Secretary shall pay a uniform rate of interest on escrowed
amounts. The interest rate to be paid on such amounts shall
be determined by the Secretary based on the interest earned
less an amount not to exceed 1 percent to be used to offset
expenses in carrying out the provisions of this title.''.
SEC. 504. SECTION 502 HOMEOWNERSHIP LOANS.
(a) Remote Rural Areas.--Section 502(f) of the Housing Act
of 1949 (42 U.S.C. 1472(f)) is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraph (2) as paragraph (1); and
(3) by adding at the end the following new paragraph:
``(2) Security.--In making a loan under this section for
housing located in a rural area that is a remote rural area
(which shall include tribal allotted or Indian trust land)
where the borrower resides or is employed, the Secretary
shall consider the actual replacement cost of the property
and structure for which the loan is made as adequate security
for the loan required under subsection (b).''.
(b) Permanent Deferred Mortgage Program.--Section 502(g) of
the Housing Act of 1949 (42 U.S.C. 1472(g)) is amended to
read as follows:
``(g) Deferred Mortgage Program.--With respect to families
or persons otherwise eligible for assistance under subsection
(d) but having incomes below the amount determined to qualify
for a loan under this section, the Secretary may defer
mortgage payments beyond the amount affordable at 1 percent
interest, taking into consideration income, taxes and
insurance. Deferred amounts shall not exceed 25 percent of
the amount of the payment due at 1 percent interest and shall
be subject to recapture.''.
(c) Reamortization.--Section 505 of the Housing Act of 1949
(42 U.S.C. 1475) is amended--
(1) in the section heading, by inserting ``,
reamortization,'' after ``moratorium'';
(2) in subsection (a), by inserting before the last
sentence the following: ``The Secretary may not foreclose
such a mortgage securing such a loan upon which a moratorium
has been granted solely because the borrower does not have
the ability to repay the loan. Upon the expiration of a
moratorium, the Secretary shall, subject to the availability
of amounts for assistance under this title, enter into an
agreement with the borrower providing to the borrower such
assistance as the Secretary is authorized to provide under
this title and may foreclose with respect to the loan only if
the borrower fails to make 3 monthly payments required under
such agreement.'';
(3) by redesignating subsection (b) as subsection (c); and
(4) by inserting after subsection (a) the following new
subsection:
``(b) Reamortization.--
``(1) Authority.--With respect to a loan made under section
502, after a moratorium under subsection (a) of this section
for the loan or at any other time the Secretary considers
appropriate, the Secretary may reamortize the outstanding
indebtedness, including principal and interest, under the
loan for a period not to exceed 38 years from the date of the
making of the loan, subject to the provisions of paragraph
(2). The authority of the Secretary under this subsection to
modify loans shall be effective for any fiscal year only to
such extent or in such amounts as are or have been provided
for such costs in appropriation Acts for such fiscal year.
``(2) Graduated repayment agreement.--In reamortizing a
loan pursuant to paragraph (1), the Secretary may lower the
interest rate to the existing lending rate for loans under
section 502 or establish a schedule of payments under the
loan that provides, after the application of interest credit,
for payments in an amount less than the amount of the
payments originally provided for under the loan agreement for
a period not exceeding that required to amortize the loan
over its term, except that such period may not exceed 3
years.''.
(d) Eligibility of Area.--Section 502 of the Housing Act of
1949 (42 U.S.C. 1472) is amended by adding at the end the
following new subsection:
``(i) Notwithstanding section 520, the Secretary may make
loans under this section for properties in the Pine View West
Subdivision, located in Gibsonville, North Carolina, in the
same manner as provided under this section for properties in
rural areas.''.
SEC. 505. LOAN GUARANTEES.
Section 502(h)(11) of the Housing Act of 1949 (42 U.S.C.
1472(h)(11)) is amended by adding at the end the following
new sentence: ``The Secretary may not pool or reallocate any
authority to guarantee loans under this section that was
allocated for use in any State before August 1 of the fiscal
year in which such authority was allocated.''.
SEC. 506. PREPAYMENT OF RURAL RENTAL HOUSING LOANS.
(a) Technical Assistance Grants and Loans for Nonprofit and
Public Agency Purchasers of Prepayment Properties.--Section
502(c)(5)(C)(i) of the Housing Act of 1949 (42 U.S.C.
1472(c)(5)(C)(i)) is amended to read as follows:
``(i) to the extent provided in appropriation Acts, make a
grant or predevelopment loan in an amount not exceeding
$50,000 to the nonprofit organization or public agency whose
offer to purchase is accepted under this paragraph to cover
reasonable costs, as determined by the Secretary and not
including the purchase price, incurred by the organization or
agency in purchasing and assuming responsibilities for the
housing and related facilities involved, which may include
costs for pursuing acquisition, appraisals, financing fees,
accounting, administration, consultants, legal assistance,
architectural assistance, engineering assistance, application
fees, overhead, and other expenses;''.
(b) Equity Takeout Loans.--
(1) Authority and limitation.--Section 502(c)(4)(B)(iv) of
the Housing Act of 1949 (42 U.S.C. 1472(c)(4)(B)(iv)) is
amended by inserting before the period at the end the
following: ``or under paragraphs (1) and (2) of section
514(j), except that an equity loan referred to in this clause
may not be made available after the date of the enactment of
the Housing and Community Development Act of 1994 unless the
Secretary determines that the other incentives available
under this subparagraph are not adequate to provide a fair
return on the investment of the borrower, to prevent
prepayment of the loan insured under section 514 or 515, or
to prevent the displacement of tenants of the housing for
which the loan was made''.
(2) Approval of assistance.--Subparagraph (C) of section
502(c)(4) of the Housing Act of 1949 is amended by striking
the matter preceding clause (i) and inserting the following:
``(C) Approval of Assistance.--The Secretary may approve
assistance under subparagraph (B) for assisted housing only
if the restrictive period has expired for any loan for the
housing made or insured under section 514 or 515 pursuant to
a contract entered into after December 21, 1979, but before
the date of the enactment of the Department of Housing and
Urban Development Reform Act of 1989, and the Secretary
determines that the combination of assistance provided--''.
(3) Loan terms.--Section 514 of the Housing Act of 1949 (42
U.S.C. 1484) is amended by adding at the end the following
new subsection:
``(j) Equity Takeout Loans for Preservation of Low-Income
Housing.--With respect to a loan insured under subsection
(a), the Secretary may--
``(1) make or insure an equity loan in the form of a
supplemental loan for the purpose of equity takeout to the
owner of housing financed with a loan insured under this
section pursuant to a contract entered into before December
15, 1989, for the purpose of extending the affordability of
the housing for low-income families or persons and very low-
income families or persons for not less than 20 years, except
that such loan may not exceed 90 percent of the value of the
equity in the project as determined by the Secretary;
``(2) transfer and reamortize an existing loan in
connection with assistance provided under paragraph (1); and
``(3) make or insure a loan to enable a nonprofit
organization or public agency to make a purchase described in
section 502(c)(5).''.
(4) Technical correction relating to section 515 housing.--
Section 515(c)(1) of the Housing Act of 1949 (42 U.S.C.
1485(c)(1)) is amended by striking ``December 21, 1979'' and
inserting ``December 15, 1989''.
(c) Phase-In of Rent Increases.--Section 502(c)(4)(B)(vi)
of the Housing Act of 1949 (42 U.S.C. 1472(c)(4)(B)(vi)) is
amended by inserting before the period at the end the
following: ``, except that any such increase in rents for
current tenants (except for increases made necessary by
increases in operating costs) shall (I) be phased in equally
over a
[[Page 1321]]
period of not less than 3 years, if such increase is 30
percent or more, and (II) be limited to not more than 10
percent per year if such increase is more than 10 percent but
less than 30 percent''.
(d) Treatment of Acceleration Upon Default.--Section 502 of
the Housing Act of 1949 (42 U.S.C. 1472) is amended--
(1) in subsection (b)(2), by inserting ``or any payment in
the case of acceleration of the amount due under such a loan
pursuant to any default,'' after ``515''; and
(2) in subsection (c)--
(A) in paragraph (1)(A), by inserting before the 1st comma
the following: ``, accept any payment tendered in the case of
acceleration of the amount due pursuant to any default on'';
(B) in paragraph (1)(B), by inserting before the 1st comma
the following: ``, accept any payment tendered in the case of
acceleration of the amount due pursuant to any default on'';
(C) in paragraph (2)--
(i) by inserting after ``prepaid'' the following: ``, paid
in full pursuant to acceleration of the amount due resulting
from default,''; and
(ii) by inserting ``, payment,'' after ``prepayment'';
(D) in paragraph (4)(A), by inserting after ``prepay,'' the
following: ``accepting any payment tendered in the case of
acceleration of the amount due pursuant to any default on,'';
and
(E) in paragraph (5)--
(i) in subparagraph (A)(ii), by inserting after ``prepay,''
the following: ``accept the payment tendered in the case of
acceleration of the amount due pursuant to default on,'';
(ii) in the 1st sentence of subparagraph (F), by inserting
after ``prepay,'' the following: ``accept payment tendered in
the case of acceleration of the amount due pursuant to
default on,'';
(iii) in the 2d sentence of subparagraph (F), by inserting
after ``prepay,'' the following: ``payment tendered in the
case of acceleration of the amount due pursuant to
default,'';
(iv) in the last sentence of subparagraph (F), by striking
``offers to prepay,'' and inserting the following: ``such
offers to prepay, payments in the case of acceleration of the
amount due pursuant to default,''; and
(v) in the matter in subparagraph (G) that precedes clause
(i), by inserting after ``prepay,'' the following: ``any
payment tendered in the case of acceleration of the amount
due pursuant to default on,''.
(e) Test for Allowable Prepayment.--Section
502(c)(5)(G)(ii) of the Housing Act of 1949 (42 U.S.C.
1472(c)(5)(G)(ii)) is amended to read as follows:
``(ii) the Secretary makes a written finding that--
``(I) prepayment, payment in the case of acceleration, or
refinancing will not (a) materially increase economic
hardship for current tenants, and (b) involuntarily displace
current tenants (except for good cause), where comparable and
affordable housing is not readily available at the time of
displacement, determined without regard to the availability
of Federal housing assistance that would address any such
hardship or involuntary displacement; and
``(II) the supply of vacant, comparable housing is
sufficient to ensure that such prepayment will not materially
affect (a) the availability of decent, safe, and sanitary
housing affordable to low-income and very low-income families
or persons in the area that the housing could reasonably be
expected to serve, (b) the ability of low-income and very
low-income families or persons to find affordable, decent,
safe, and sanitary housing near employment opportunities, or
(c) the housing opportunities of minorities in the community
within which the housing is located.''.
SEC. 507. DESIGNATION OF UNDERSERVED AREAS AND RESERVATION OF
ASSISTANCE.
(a) Reauthorization and Set-Aside.--Section 509(f)(4) of
the Housing Act of 1949 (42 U.S.C. 1479(f)(4)) is amended--
(1) in subparagraph (A)--
(A) in the first sentence--
(i) by striking ``5.0 percent in fiscal years 1993 and
1994'' and inserting ``not less than 5 percent or more than
10 percent for each of fiscal years 1995 and 1996''; and
(ii) by striking ``514, 515, and 524'' and inserting ``and
515''; and
(B) in the second sentence, by striking ``sections 514 and
515'' and inserting ``section 515''; and
(2) in subparagraph (B)(ii), by striking ``5 percent'' and
inserting ``10 percent''.
(b) Poverty Level for Designation.--Section 509(f)(1) of
the Housing Act of 1949 is amended--
(1) in subparagraph (A), by striking ``20 percent'' and
inserting ``15 percent''; and
(2) in subparagraph (B), by striking ``10 percent'' and
inserting ``5 percent''.
(c) Poverty Level for Preference.--Section 509(f)(2) of the
Housing Act of 1949 is amended--
(1) in subparagraph (A), by striking ``28 percent'' and
inserting ``20 percent''; and
(2) in subparagraph (B), by striking ``13 percent'' and
inserting ``7 percent''.
(d) Additional Qualification as Underserved Area.--Section
509(f)(1) of the Housing Act of 1949 is amended by inserting
after subparagraph (B) the following new flush sentence:
``The Secretary may also designate a county or community as a
targeted underserved area if the Secretary determines that
the county or community has severe unmet housing needs,
including needs caused by severe economic and social
dislocation such as natural disasters, structural employment
changes, or persistent poverty, or has experienced long-term
population and job losses.''.
(e) Geographical Diversity.--Section 509(f)(1) of the
Housing Act of 1949 is amended by adding at the end the
following: ``In designating targeted underserved areas under
this paragraph for any fiscal year, the Secretary may not
designate more than 10 counties and communities located in
any single State or in the Commonwealth of Puerto Rico. If
more than 10 counties and communities in any single State or
the Commonwealth of Puerto Rico qualify under this paragraph
for designation as an underserved area, the Secretary shall
designate the counties and communities for which the sum of
the percentages under subparagraphs (A) and (B) are the
greatest.''.
(f) 2-Year and 3-Year Designations.--Section 509(f) of the
Housing Act of 1949 (42 U.S.C. 1479(f)) is amended--
(1) in paragraph (1)--
(A) in the 1st sentence, by striking ``in each fiscal
year''; and
(B) in the 2d sentence, by striking ``year in'' and
inserting ``first year for'';
(2) in paragraph (2)--
(A) in the first sentence, by striking ``paragraph (4)''
and inserting ``paragraph (5)''; and
(B) by striking the last sentence;
(3) in paragraph (3)(B), by striking ``paragraph (2)'' and
inserting ``paragraph (3)'';
(4) in paragraph (4)(A), by striking ``paragraph (7)'' and
inserting ``paragraph (8)'';
(5) by redesignating paragraphs (2) through (8) as
paragraphs (3) through (9), respectively; and
(6) by inserting after paragraph (1) the following new
paragraph:
``(2) Timing and duration of designations.--
``(A) In general.--Except as provided in subparagraph (B),
the Secretary shall redesignate the targeted underserved
areas under this subsection once every 2 fiscal years and
such designations shall remain in effect for a period of 2
fiscal years. The first such 2-year designation shall be made
for fiscal years 1995 and 1996.
``(B) Designations for indian areas.--The Secretary shall
ensure that, at all times, not less than 5 counties or
communities that contain tribal allotted or Indian trust land
are included among the 100 counties and communities
designated as targeted underserved areas. The Secretary shall
redesignate the counties or communities designated as a
targeted underserved area in compliance with this
subparagraph once every 3 fiscal years and such designations
shall remain in effect for 3 fiscal years. The first such 3-
year designation shall be made for fiscal years 1995 through
1997. Upon designation, the Secretary shall specify any
targeted underserved area designated in compliance with this
subparagraph.''.
SEC. 508. ADMINISTRATIVE APPEALS.
(a) Appeals.--Section 510(g) of the Housing Act of 1949 (42
U.S.C. 1480(g)) is amended--
(1) by inserting after ``termination and'' the following:
``, in the case of any eviction not related to any drug-
related or criminal activity, nonpayment of rent, or activity
that threatens the health, safety, or right to peaceful
enjoyment of the premises by other residents,''; and
(2) by inserting after ``reverse the decision'' the
following: ``and is mutually selected within a reasonable
period of time by the person adversely affected by the
reduction or termination of assistance and the person
reducing or terminating assistance''.
(b) Attorneys.--Section 510(d)(1) of the Housing Act of
1949 is amended--
(1) in the matter preceding subparagraph (A), by inserting
``or 515'' after ``502''; and
(2) in subparagraph (C)(ii), by inserting ``with respect to
litigation under section 502,'' before ``representation''.
SEC. 509. SECTION 515 RURAL RENTAL HOUSING.
(a) Loan Term.--Section 515(a)(2) of the Housing Act of
1949 (42 U.S.C. 1485(a)(2)) is amended by inserting before
the semicolon the following: ``, except that the Secretary
may also make loans for a period of up to 30 years from the
making of the loan''.
(b) Development Cost.--Section 515(e)(4) of the Housing Act
of 1949 is amended by inserting ``franchise fees,'' after
``impact fees,''.
(c) Limitation on Project Transfers.--Section 515 of the
Housing Act of 1949 (42 U.S.C. 1485) is amended by inserting
after subsection (g) the following new subsection:
``(h) Project Transfers.--After the date of the enactment
of the Housing and Community Development Act of 1994, any
interest in the ownership of a project for which a loan is
made or insured under this section may be transferred only if
the Secretary determines that such transfer would be in the
best interests of the tenants of the housing for which the
loan was made or insured and of the Federal Government.''.
(d) Equity Loans.--Section 515(t) of the Housing Act of
1949 is amended--
(1) by striking paragraphs (4) and (5); and
(2) by redesignating paragraphs (6) through (8) as
paragraphs (4) through (6), respectively.
(e) Set-Aside for Nonprofit Entities.--The first sentence
of section 515(w)(1) of the Housing Act of 1949 (42 U.S.C.
1485(w)(1)) is amended by striking ``fiscal years 1993 and
1994'' and inserting ``fiscal years 1995 and 1996''.
(f) Authority for Streamlined Mortgage Modifications.--
Section 515 of the Housing Act of 1949 (42 U.S.C. 1485) is
amended by adding at the end the following new subsection:
[[Page 1322]]
``(aa) Mortgage Modifications.--
``(1) Purpose and authority.--In order to reduce the amount
of debt service payments and operating costs of borrowers
under loans made or insured under this section, reduce rents
paid by residents of housing financed with such loans, and
reduce the amount of rental assistance necessary for such
housing, the Secretary may refinance the outstanding
principal obligation of a loan made under this subsection in
accordance with the provisions applicable (at the time of
such refinancing) to loans made under this section that the
Secretary determines are appropriate for purposes of this
subsection and the terms and conditions of the original loan.
The authority of the Secretary under this subsection to
modify loans shall be effective for any fiscal year only to
such extent or in such amounts as are or have been provided
for such costs in appropriation Acts for such fiscal year.
``(2) Use of housing.--Any terms of the original loan
relating to use of the housing and related facilities for the
purposes specified in this section shall continue to apply to
the housing in the same manner as if the loan were not
modified under this subsection.
``(3) Treatment of modified mortgage under prepayment
restrictions.--Any loan modified under this subsection shall
be considered a loan originally made under this section, for
purposes of the limitations under subsection (c) on
prepayment and refinancing under subsection (b)(3). For
purposes of determining the financial status of the loan or
the housing securing the loan, the Secretary may consider the
terms of the refinancing.
``(4) Terms.--The Secretary shall, by regulation, establish
any requirements and conditions the Secretary considers
appropriate to provide for refinancing under this subsection,
including any limitations on term of the refinancing loan.
``(5) Expedited procedure.--The Secretary shall establish
an expedited procedure for providing refinancing under this
subsection, which--
``(A) shall not require application under the same
procedures applicable to loans made under subsection (a); and
``(B) shall take into consideration any information
obtained by the Secretary in making and servicing the loan
under subsection (a) for which refinancing under this
subsection is requested.''.
(g) Repeal of Prohibitions.--Section 515 of the Housing Act
of 1949 is amended by striking subsection (z).
(h) Location of Projects.--Section 532 of the Housing Act
of 1949 (42 U.S.C. 1490l) is amended--
(1) in subsection (a), by inserting ``other than assistance
under section 515'' after ``in making assistance''; and
(2) by adding at the end the following new subsection:
``(c) Allocation of Section 515 Loans.--
``(1) Procedure.--The Secretary shall make assistance under
section 515 available pursuant to an objective procedure
established by the Secretary, under which the Secretary shall
identify counties and communities having the greatest need
for such assistance and designate such counties and
communities to receive such assistance. Under such procedure,
the Secretary shall use objective measures to determine the
need for rental housing assistance, which may include the
incidence of poverty, substandard housing, lack of mortgage
credit, lack or insufficient amount of affordable housing,
and other factors demonstrating a need for affordable
housing.
``(2) Information.--The Secretary shall use information
from the decennial censuses of the United States, relevant
comprehensive affordable housing strategies under section 105
of the Cranston-Gonzalez National Affordable Housing Act, and
other reliable sources obtained by the Secretary which
demonstrate the need for affordable rental housing in rural
areas.
``(3) Designation.--A designation under paragraph (1) shall
not be effective for a period of more than 3 years, but may
be renewed by the Secretary under the procedure under
paragraph (1). The Secretary shall cause to be published in
the Federal Register a list of areas designated under
paragraph (1) and a reasonable timetable for submission of
preapplications. The Secretary shall take such other
reasonable actions as the Secretary considers appropriate to
notify the public of such designations.''.
SEC. 510. OPTIONAL CONVERSION OF RENTAL ASSISTANCE PAYMENTS
TO OPERATING SUBSIDY FOR MIGRANT FARMWORKER
PROJECTS.
(a) In General.--Section 521(a) of the Housing Act of 1949
(42 U.S.C. 1490a(a)) is amended by adding at the end the
following new paragraph:
``(5) Operating Assistance for Migrant Farmworker
Projects.--
``(A) Authority.--In the case of housing (and related
facilities) for migrant farmworkers provided or assisted with
a loan under section 514 or a grant under section 516, the
Secretary may, at the request of the owner of the project,
use amounts provided for rental assistance payments under
paragraph (2) to provide assistance for the costs of
operating the project. Any project assisted under this
paragraph may not receive rental assistance under paragraph
(2).
``(B) Amount.--In any fiscal year, the assistance provided
under this paragraph for any project shall not exceed an
amount equal to 90 percent of the operating costs for the
project for the year, as determined by the Secretary. The
amount of assistance to be provided for a project under this
paragraph shall be an amount that makes units in the project
available to migrant farmworkers in the area of the project
at rates generally not exceeding 30 percent of the monthly
adjusted incomes of such farmworkers, based on the prevailing
incomes of such farmworkers in the area.
``(C) Submission of information.--The owner of a project
assisted under this paragraph shall be required to provide to
the Secretary, at least annually, a budget of operating
expenses and estimated rental income, which the Secretary
shall use to determine the amount of assistance for the
project.
``(D) Definitions.--For purposes of this paragraph, the
following definitions shall apply:
``(i) The term `migrant farmworker' shall have the same
meaning given the term in section 516(k)(7).
``(ii) The term `operating cost' means expenses incurred in
operating a project, including expenses for--
``(I) administration, maintenance, repair, and security of
the project;
``(II) utilities, fuel, furnishings, and equipment for the
project; and
``(III) maintaining adequate reserve funds for the
project.''.
(b) Conforming Amendments.--Title V of the Housing Act of
1949 (42 U.S.C. 1471 et seq.) is amended--
(1) in section 502--
(A) in subsection (c)(1)(A)(i), by striking ``or (a)(2)''
and inserting ``, (a)(2), or (5)'';
(B) in subsection (c)(4)(B)(ii), by inserting before the
period at the end the following: ``, or additional assistance
or an increase in assistance provided under section
521(a)(5)'';
(C) in subsection (c)(4)(B)(iii), by inserting before the
period at the end the following: ``, or current tenants of
projects not assisted under section 521(a)(5)'';
(D) in subsection (c)(5)(C)(iii)--
(i) by striking the 2d comma; and
(ii) by inserting ``or any assistance payments received
under section 521(a)(5),'' before ``with respect''; and
(E) in subsection (c)(5)(D), by inserting before the period
at the end the following: ``or, in the case of housing
assisted under section 521(a)(5), does not exceed the rents
established for the project under such section'';
(2) in the second sentence of section 509(f)(5) (as
redesignated by the preceding provisions of this title), by
striking ``an amount of section 521 rental assistance'' and
inserting ``, from amounts available for assistance under
paragraphs (2) and (5) of section 521(a), an amount'';
(3) in section 513(c)(2)--
(A) in the matter preceding subparagraph (A), by inserting
``or contracts for operating assistance under section
521(a)(5)'' after ``521(a)(2)(A)'';
(B) in subparagraph (A), by inserting ``or operating
assistance contracts'' after ``contracts'';
(C) in subparagraph (B), by striking ``rental'' each place
it appears; and
(D) in subparagraph (C), by inserting ``or operating
assistance contracts'' after ``contracts'';
(4) in section 521(a)(2)(B)--
(A) by inserting ``or paragraph (5)'' after ``this
paragraph''; and
(B) by striking ``which shall'' and all that follows
through the period at the end and inserting the following:
``. The budget (and the income, in the case of a project
assisted under this paragraph) shall be used to determine the
amount of the assistance for each project.'';
(5) in section 521(c), by striking ``subsection (a)(2)''
and inserting ``subsections (a)(2) and (a)(5)'';
(6) in section 521(e), by inserting after ``recipient'' the
following: ``or any tenant in a project assisted under
subsection (a)(5)''; and
(7) in section 530, by striking ``rental assistance
payments with respect to such project under section
521(a)(2)(A)'' and inserting ``assistance payments with
respect to such project under section 521(a)(2)(A) or
521(a)(5)''.
SEC. 511. DEFINITION OF RURAL AREA.
The last sentence of section 520 of the Housing Act of 1949
(42 U.S.C. 1490) is amended by striking ``city of'' and
inserting ``cities of South Tucson, Arizona, and''.
SEC. 512. ELIGIBILITY OF MANUFACTURED HOME PARKS FOR BUILDING
SITE LOANS FOR COOPERATIVES.
The first sentence of section 524(a)(1) of the Housing Act
of 1949 (42 U.S.C. 1490d(a)(1)) is amended by inserting
before the period at the end the following: ``, and for the
acquisition and development of manufactured home parks owned
by nonprofit organizations for future ownership by low- and
moderate-income residents of the park''.
SEC. 513. RURAL HOUSING ASSISTANCE TARGETING REPORT.
Section 532(a) of the Housing Act of 1949 (42 U.S.C. 1490l)
is amended by adding at the end the following new flush
material:
``The Secretary shall submit a report to the Congress for
each fiscal year describing the geographical distribution of
housing for which eligible loan applications for assistance
under this title are submitted in such year and for which
amounts are obligated in such year. The report shall describe
the areas in which the housing to be assisted under the
applications is located, the number of eligible applications
received for housing in such areas, the number of eligible
applications for housing in such areas that were approved and
funded and the amounts of such funding, the extent of the
rural character of such areas, and any actions taken by
[[Page 1323]]
the Secretary to comply with the requirement under paragraph
(3). The report for a fiscal year shall be submitted not
later than 180 days after the conclusion of such fiscal
year.''.
SEC. 514. PRIORITY FOR RURAL HOUSING VOUCHER ASSISTANCE.
Section 542 of the Housing Act of 1949 (42 U.S.C. 1490r) is
amended by adding at the end the following new subsection:
``(c) Priority.--
``(1) Requirement.--In providing assistance under this
section, the Secretary shall give preference to providing
assistance for rental housing that--
``(A) is financed or assisted with a loan, guarantee,
insurance, or other assistance provided under this title; and
``(B)(i) has a significant number of units, as determined
by the Secretary, that have been vacant for extended periods;
or
``(ii) is occupied by a significant number of families, as
determined by the Secretary, who pay as rent for a unit in
the housing an amount exceeding 30 percent of the family's
monthly adjusted income.
``(2) Project-based assistance.--To provide assistance
according to the preference under paragraph (1), the
Secretary may enter into contracts with owners of housing
described in paragraph (1) to provide voucher assistance
payments that are attached to such housing on behalf of very
low-income families who reside in such housing.''.
SEC. 515. NATIVE AMERICAN RURAL HOUSING CAPACITY
DEMONSTRATION PROGRAM.
Title V of the Housing Act of 1949 is amended by inserting
after section 537 (42 U.S.C. 1490p-1) the following new
section:
``SEC. 538. RURAL HOUSING CAPACITY DEMONSTRATION PROGRAM FOR
NATIVE AMERICANS AND ALASKAN NATIVES.
``(a) Authority.--The Secretary shall carry out a program
under this section to demonstrate the effectiveness of
assisting Native Americans and Alaskan Natives in underserved
areas to apply for, obtain, and use housing assistance under
this title.
``(b) Grants.--Under the demonstration under this section,
the Secretary shall make grants to technical assistance
providers selected under subsection (f) to carry out
activities under subsection (c) with respect to tribes
selected under subsection (e) (and members of the tribes) in
the selected areas. Of the amounts provided to a technical
assistance provider under a grant under this section, 40
percent shall be disbursed to the technical assistance
provider in fiscal year 1995, 30 percent shall be so
disbursed in fiscal year 1996, and 30 percent shall be so
disbursed in fiscal year 1997.
``(c) Use of Assistance.--
``(1) Eligible activities.--Any amounts provided to a
technical assistance provider under a grant under this
section shall be used by the technical assistance provider
only--
``(A) to train individuals for employment as local project
coordinators under paragraph (2), which shall include
training regarding the availability, application for, and use
of housing assistance under this title with respect to tribes
and members of tribes;
``(B) to provide ongoing technical assistance and training
to local project coordinators;
``(C) to provide assistance to the tribes selected under
subsection (e) in the selected areas, or to Native American
or Alaskan Native housing organizations serving such tribes,
to employ local project coordinators trained pursuant to
subparagraph (A); and
``(D) to establish a revolving fund to provide loans to
tribes and members of tribes for customary and reasonable
costs incurred in preparing and submitting applications for
housing assistance under this title to be used in the
selected areas (including costs of credit reports), except
that not more than $1,500 may be provided for the purpose
under this subparagraph to any single tribe or Native
American or Alaskan Native housing organization.
``(2) Local project coordinator.--For purposes of this
section, a local project coordinator shall be an individual
who--
``(A) is employed by a tribe selected under subsection (e)
in, or Native American or Alaskan Native housing organization
serving, the selected area;
``(B) provides advice and assistance to the tribe or the
tribes served by the organization (and members of such
tribes), regarding the availability, application for, and use
of housing assistance under this title;
``(C) otherwise facilitates the use of such assistance by
the tribes and their members; and
``(D) assists the tribes and their members in obtaining
loans from the revolving fund established under paragraph
(1)(D).
``(d) Tribal Contributions to Demonstration Program.--Each
tribe selected under subsection (e) for participation in the
demonstration program under this section shall enter into an
agreement with the technical assistance provider to provide
in-kind or financial assistance, in addition to amounts
provided under this section, for activities under the
demonstration program, in an amount determined by the tribe
and the technical assistance provider. The assistance
provided pursuant to such agreement may include assistance in
the form of office space, equipment, transportation, salary
enhancement, and fringe benefits, and other forms of
assistance.
``(e) Selection of Tribes and Areas.--
``(1) Eligibility.--The Secretary shall provide for the
technical assistance providers receiving grants under this
section to select for participation in the demonstration
under this section not more than a total of 15 tribes--
``(A) that are located in counties or communities--
``(i) that are eligible for designation as targeted
underserved areas under section 509(f); or
``(ii) that include tribal allotted or Indian trust land;
and
``(B) that--
``(i) have agreed to participate in the demonstration under
this section by designating individuals for training as local
project coordinators under subsection (c); or
``(ii) are located in a county or community within which is
located a Native American or Alaskan Native housing
organization that has so agreed to participate in the
demonstration under this section.
``(2) Criteria for selection.--Each technical assistance
provider selecting tribes pursuant to paragraph (1) shall
make such selections according to criteria that include--
``(A) the extent of substandard housing on the reservation
of the tribe;
``(B) the extent of the waiting list for housing assistance
under Federal housing programs in the community or community
under paragraph (1)(A);
``(C) the extent of interest in and willingness to
participate in the demonstration program under this section
for a 3-year period; and
``(D) the extent of willingness to provide in-kind or
financial assistance in addition to amounts provided under
this section for activities under the demonstration program.
``(3) Treatment as targeted underserved areas.--
Notwithstanding the designation of counties and communities
as targeted underserved areas under section 509(f)(1) and the
provisions of section 520, any selected area under this
section shall be considered a targeted underserved area for
fiscal years 1995, 1996, and 1997, for purposes of
eligibility for assistance with amounts reserved under
section 509(f)(4)(A).
``(f) Selection of Technical Assistance Providers.--
``(1) Eligibility.--The Secretary may make a grant under
this section only to a nonprofit organization having
experience in or capable of providing training and technical
assistance regarding the use of housing assistance under this
title and in administering revolving loan funds for costs
relating to housing assistance programs under this title.
``(2) Application.--The Secretary shall provide for
nonprofit organizations meeting the requirements under
paragraph (1) to submit applications for a grant under this
section during a period of not more than 45 days that begins
upon publication of the notice of funding availability under
subsection (i).
``(3) Selection.--Not more than 30 days after expiration of
such period, the Secretary shall select, to receive grants
under this section, 1 or more nonprofit organizations
submitting applications that are--
``(A) capable of carrying out the duties of technical
assistance providers under this section;
``(B) knowledgeable and experienced regarding housing needs
and issues of Native Americans and Alaskan Natives and
housing assistance programs under this title; and
``(C) agree to comply with the provisions of this section.
``(g) Reports.--
``(1) Local project coordinators.--Each local project
coordinator trained or assisted by a technical assistance
provider with amounts from a grant under this section shall
submit a report to the technical assistance provider for each
of fiscal years 1995 through 1997, regarding the activities
of the coordinator. The report shall be submitted not later
than 30 days after the conclusion of the fiscal year for
which the report is made.
``(2) Technical assistance providers.--Each technical
assistance provider receiving a grant under this section
shall submit a report to the Secretary for each of fiscal
years 1995 through 1997, summarizing the information
submitted under paragraph (1) for the fiscal year and
describing the activities of the technical assistance
provider under the demonstration under this section during
the fiscal year. The report shall be submitted not later than
60 days after the conclusion of the fiscal year for which the
report is made.
``(3) Secretary.--The Secretary shall submit a report to
the Congress for each of fiscal years 1995 through 1997
describing the demonstration under this section and the
findings of the Secretary as a result of the demonstration.
The report shall be submitted not later than 90 days after
the conclusion of the fiscal year for which the report is
made.
``(h) Definitions.--For purposes of this section:
``(1) Alaskan native village.--The term `Alaskan Native
Village' has the same meaning given the term `Native village'
in section 3 of the Alaska Native Claims Settlement Act.
``(2) Native american or alaskan native housing
organization.--The term `Native American or Alaskan Native
housing organization' means a nonprofit organization that
primarily serves a tribe or tribes, and includes Indian
housing authorities and other housing entities of a tribe.
``(3) Nonprofit organization.--The term `nonprofit
organization' means any private, nonprofit organization
that--
``(A) is organized or chartered under State, tribal, or
local laws;
``(B) has no part of its net earning inuring to the benefit
of any member, founder, contributor, or individual;
[[Page 1324]]
``(C) complies with standards of financial accountability
acceptable to the Secretary; and
``(D) through its articles of incorporation or through
resolution of the governing body of a tribe, has among its
purposes significant activities related to the provision of
decent housing that is affordable to low- and moderate-income
families.
``(4) Selected area.--The term `selected area' means, with
respect to any tribe selected under subsection (e), the
county or community meeting the requirements of subsection
(e)(1) in which the tribe selected is located.
``(5) Technical assistance provider.--The term `technical
assistance provider' means a nonprofit organization
(including a tribe and an Indian housing authority) that is
selected under subsection (f) to receive a grant under this
section.
``(6) Tribe.--The term `tribe' means any Indian tribe,
band, group, or nation, including Alaska Indians, Aleuts, and
Eskimos, and any Alaskan Native Village, of the United
States, that is considered an eligible recipient under the
Indian Self-Determination and Education Assistance Act or was
considered an eligible recipient under chapter 67 of title
31, United States Code, prior to the repeal of such chapter.
``(i) Notice of Funding Availability.--
``(1) Publication.--The Secretary shall cause to be
published in the Federal Register notice of the availability
of any amounts made available for grants under this section.
Such notice shall be published not later than the expiration
of the 90-day period beginning on the date that amounts are
appropriated to carry out this section.
``(2) Contents.--The notice referred to in paragraph (1)
shall--
``(A) describe the requirements for eligibility to receive
a grant, the purposes of the grant, and the permissible uses
of grant amounts;
``(B) contain an address to which requests for additional
information regarding the demonstration under this section
may be made; and
``(C) state the deadline established by the Secretary
pursuant to subsection (f)(2) for the submission of
applications for a grant.''.
SEC. 516. RURAL COMMUNITY DEVELOPMENT INITIATIVE.
Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.)
is amended by inserting after section 538 (as added by the
preceding provisions of this title) the following new
section:
``SEC. 539. RURAL COMMUNITY DEVELOPMENT INITIATIVE.
``(a) In General.--The Secretary is authorized to provide
assistance to develop the capacity and ability of community
development corporations, community housing development
organizations, and other nonprofit organizations to undertake
community development and affordable housing projects and
programs in rural areas.
``(b) Form of Assistance.--Assistance under this section
may be used for--
``(1) training, education, support, and advice to enhance
the technical and administrative capabilities of community
development corporations, local community action agencies
receiving assistance under the Community Services Block Grant
Act, community housing development organizations, and
nonprofit organizations in rural areas;
``(2) loans, grants, or predevelopment assistance to
community development corporations, community housing
development organizations, and nonprofit organizations to
carry out community development and affordable housing
activities that benefit low-income families in rural areas;
and
``(3) such other activities for rural areas as may be
determined by the Secretary.
``(c) Matching Requirement.--Assistance provided under this
section shall be matched from private sources in an amount
equal to 3 times the amount made available under this
section.
``(d) Implementation.--The Secretary shall by notice
establish such requirements as may be necessary to carry out
the provisions of this section. The notice shall take effect
upon issuance.''.
SEC. 517. LOAN GUARANTEES FOR MULTIFAMILY RENTAL HOUSING IN
RURAL AREAS.
Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.)
is amended by inserting after section 539 (as added by the
preceding provision of this title) the following new section:
``SEC. 540. LOAN GUARANTEES FOR MULTIFAMILY RENTAL HOUSING IN
RURAL AREAS.
``(a) Authority.--The Secretary may make commitments to
guarantee eligible loans for the development costs of
eligible housing and related facilities, and may guarantee
such eligible loans, in accordance with this section.
``(b) Extent of Guarantee.--A guarantee made under this
section shall guarantee repayment of an amount not exceeding
the total of the amount of the unpaid principal and interest
of the loan for which the guarantee is made. The liability of
the United States under any guarantee under this section
shall decrease or increase pro rata with any decrease or
increase of the amount of the unpaid portion of the
obligation.
``(c) Eligible Borrowers.--A loan guaranteed under this
section may be made to a nonprofit organization, an agency or
body of any State government or political subdivision
thereof, or a private entity.
``(d) Eligible Housing.--A loan may be guaranteed under
this section only if the loan is used for the development
costs of housing and related facilities (as such terms are
defined in section 515(e)) that--
``(1) consists of 5 or more adequate dwellings;
``(2) is available for occupancy only by low or moderate
income families or persons, whose incomes at the time of
initial occupancy do not exceed 115 percent of the median
income of the area, as determined by the Secretary;
``(3) will remain available as provided in paragraph (2),
according to such binding commitments as the Secretary may
require, for the period of the original term of the loan
guaranteed, unless the housing is acquired by foreclosure (or
instrument in lieu of foreclosure) or the Secretary waives
the applicability of such requirement for the loan only after
determining, based on objective information, that--
``(A) there is no longer a need for low- and moderate-
income housing in the market area in which the housing is
located;
``(B) housing opportunities for low-income households and
minorities will not be reduced as a result of the waiver; and
``(C) additional Federal assistance will not be necessary
as a result of the waiver; and
``(4) is located in a rural area.
``(e) Eligible Lenders.--
``(1) Requirement.--A loan may be guaranteed under this
subsection only if the loan is made by a lender that the
Secretary determines--
``(A) meets the qualifications, and has been approved by
the Secretary of Housing and Urban Development, to make loans
for multifamily housing that are to be insured under the
National Housing Act;
``(B) meets the qualifications, and has been approved by
the Federal National Mortgage Association and the Federal
Home Loan Mortgage Corporation, to make loans for multifamily
housing that are to be sold to such corporations; or
``(C) meets any qualifications that the Secretary may, by
regulation, establish for participation of lenders in the
loan guarantee program under this section.
``(2) Eligibility list and annual audit.--The Secretary
shall establish a list of eligible lenders and shall annually
conduct an audit of each lender included in the list for
purposes of determining whether such lender continues to be
an eligible lender.
``(f) Loan Terms.--Each loan guaranteed pursuant to this
subsection shall--
``(1) provide for complete amortization by periodic
payments to be made for a term not to exceed 40 years;
``(2) involve a rate of interest agreed upon by the
borrower and the lender that does not exceed the maximum
allowable rate established by the Secretary for purposes of
this section and is fixed over the term of the loan;
``(3) involve a principal obligation (including initial
service charges, appraisal, inspection, and other fees as the
Secretary may approve) not to exceed--
``(A) in the case of a borrower that is a nonprofit
organization or an agency or body of any State or local
government, 97 percent of the development costs of the
housing and related facilities or the value of the housing
and facilities, whichever is less;
``(B) in the case of a borrower that is a for-profit entity
not referred to in subparagraph (A), 90 percent of the
development costs of the housing and related facilities or
the value of the housing and facilities, whichever is less;
and
``(C) in the case of any borrower, for such part of the
property as may be attributable to dwelling use, the
applicable maximum per unit dollar amount limitations under
section 207(c) of the National Housing Act;
``(4) be secured by a first mortgage on the housing and
related facilities for which the loan is made, or otherwise,
as the Secretary may determine necessary to ensure repayment
of the obligation; and
``(5) for at least 20 percent of the loans made under this
section, the Secretary shall provide the borrower with
assistance in the form of credits pursuant to section
521(a)(1)(B) to the extent necessary to reduce the rate of
interest under paragraph (2) to the applicable Federal rate,
as such term is used in section 42(i)(2)(D) of the Internal
Revenue Code of 1986.
``(g) Guarantee Fee.--At the time of issuance of a loan
guaranteed under this section, the Secretary may collect from
the lender a fee equal to not more than 1 percent of the
principal obligation of the loan.
``(h) Authority for Lenders To Issue Certificates of
Guarantee.--The Secretary may authorize certain eligible
lenders to determine whether a loan meets the requirements
for guarantee under this section and, subject to the
availability of authority to enter into guarantees under this
section, execute a firm commitment for a guarantee binding
upon the Secretary and issue a certificate of guarantee
evidencing a guarantee, without review and approval by the
Secretary of the specific loan. The Secretary may establish
standards for approving eligible lenders for a delegation of
authority under this subsection.
``(i) Payment Under Guarantee.--
``(1) Notice of default.--In the event of default by the
borrower on a loan guaranteed under this section, the holder
of the guarantee certificate for the loan shall provide
written notice of the default to the Secretary.
``(2) Foreclosure.--After receiving notice under paragraph
(1) and providing written notice of action under this
paragraph to the Secretary, the holder of the guarantee
certificate for the loan may initiate foreclosure proceedings
for the loan in a court of com-
[[Page 1325]]
petent jurisdiction, in accordance with regulations issued by
the Secretary, to obtain possession of the security property.
After the court issues a final order authorizing foreclosure
on the property, the holder of the certificate shall be
entitled to payment by the Secretary under the guarantee (in
the amount provided under subsection (b)) upon (A) conveyance
to the Secretary of title to the security property, (B)
submission to the Secretary of a claim for payment under the
guarantee, and (C) assignment to the Secretary of all the
claims of the holder of the guarantee against the borrower or
others arising out of the loan transaction or foreclosure
proceedings, except claims released with the consent of the
Secretary.
``(3) Assignment by secretary.--After receiving notice
under paragraph (1), the Secretary may accept assignment of
the loan if the Secretary determines that the assignment is
in the best interests of the United States. Assignment of a
loan under this paragraph shall include conveyance to the
Secretary of title to the security property, assignment to
the Secretary of all rights and interests arising under the
loan, and assignment to the Secretary of all claims against
the borrower or others arising out of the loan transaction.
Upon assignment of a loan under this paragraph, the holder of
a guarantee certificate for the loan shall be entitled to
payment by the Secretary under the guarantee (in the amount
provided under subsection (b)).
``(4) Requirements.--Before any payment under a guarantee
is made under paragraph (2) or (3), the holder of the
guarantee certificate shall exhaust all reasonable
possibilities of collection on the loan guaranteed. Upon
payment, in whole or in part, to the holder, the note or
judgment evidencing the debt shall be assigned to the United
States and the holder shall have no further claim against the
borrower or the United States. The Secretary shall then take
such action to collect as the Secretary determines
appropriate.
``(j) Violation of Guarantee Requirements by Lenders
Issuing Guarantees.--
``(1) Indemnification.--If the Secretary determines that a
loan guaranteed by an eligible lender pursuant to delegation
of authority under subsection (h) was not originated in
accordance with the requirements under this section and the
Secretary pays a claim under the guarantee for the loan, the
Secretary may require the eligible lender authorized under
subsection (h) to issue the guarantee certificate for the
loan--
``(A) to indemnify the Secretary for the loss, if the
payment under the guarantee was made within a reasonable
period specified by the Secretary; or
``(B) to indemnify the Secretary for the loss regardless of
when payment under the guarantee was made, if the Secretary
determines that fraud or misrepresentation was involved in
connection with the origination of the loan.
``(2) Termination of authority to issue guarantees.--The
Secretary may cancel a delegation of authority under
subsection (h) to an eligible lender if the Secretary
determines that the lender has violated the requirements and
procedures for guaranteed loans under this section or for
other good cause. Any such cancellation shall be made by
giving notice to the eligible lender and shall take effect
upon receipt of the notice by the mortgagee or at a later
date, as the Secretary may provide. A decision by the
Secretary to cancel a delegation shall be final and
conclusive and shall not be subject to judicial review.
``(k) Refinancing.--Any loan guaranteed under this section
may be refinanced and extended in accordance with terms and
conditions that the Secretary shall prescribe, but in no
event for an additional amount or term that exceeds the
limitations under subsection (f).
``(l) Nonassumption.--The borrower under a loan that is
guaranteed under this section and under which any portion of
the principal obligation or interest remains outstanding may
not be relieved of liability with respect to the loan,
notwithstanding the transfer of property for which the loan
was made.
``(m) Geographical Targeting.--
``(1) Study.--The Secretary shall provide for an
independent entity to conduct a study to determine the extent
to which borrowers in the United States will utilize loan
guarantees under this section, the rural areas in the United
States in which borrowers can best utilize and most need
loans guaranteed under this section, and the rural areas in
the United States in which housing of the type eligible for a
loan guarantee under this section is most needed by low- and
moderate-income families. The Secretary shall require the
independent entity conducting the study to submit a report to
the Secretary and to the Congress describing the results of
the study not later than the expiration of the 90-day period
beginning on the date of the enactment of the Housing and
Community Development Act of 1994.
``(2) Targeting.--In providing loan guarantees under this
section, the Secretary shall establish standards to target
and give priority to rural areas in which borrowers can best
utilize and most need loans guaranteed under this section, as
determined by the Secretary based on the results of the study
under paragraph (1) and any other information the Secretary
considers appropriate.
``(n) Inapplicability of Credit-Elsewhere Test.--Section
501(c) shall not apply to guarantees, or loans guaranteed,
under this section.
``(o) Tenant Protections.--The Secretary shall establish
standards for the treatment of tenants of housing developed
using amounts from a loan guaranteed under this section,
which shall incorporate, to the extent applicable, existing
standards applicable to tenants of housing developed with
loans made under section 515. Such standards shall include
standards for fair housing and equal opportunity, lease and
grievance procedures, and tenant appeals of adverse actions.
``(p) Housing Standards.--The standards established under
section 515(m) for housing and related facilities assisted
under section 515 shall apply to housing and related
facilities the development costs of which are financed in
whole or in part with a loan guaranteed under this section.
``(q) Limitation on Commitments To Guarantee Loans.--
``(1) Requirement of appropriations.--The authority of the
Secretary to enter into commitments to guarantee loans under
this section, and to guarantee loans, shall be effective for
any fiscal year only to the extent or in such amounts as are
or have been provided in appropriations Acts for such fiscal
year.
``(2) Limitation on projects and outstanding aggregate
principal amount.--Subject to the limitation in paragraph
(1), the Secretary may enter into commitments to guarantee
loans under this section for not more than 25 housing
projects in each of fiscal years 1995 and 1996, having an
aggregate outstanding principal amount not exceeding
$50,000,000 in each of such fiscal years.
``(r) Report.--
``(1) In general.--The Secretary shall submit a report to
the Congress, not later than the expiration of the 2-year
period beginning on the date of the enactment of the Housing
and Community Development Act of 1994, describing the program
under this section for guaranteeing loans.
``(2) Contents.--The report shall--
``(A) describe the types of borrowers providing housing
with loans guaranteed under this section, the areas served by
the housing provided and the geographical distribution of the
housing, the levels of income of the residents of the
housing, the number of dwelling units provided, the extent to
which borrowers under such loans have obtained other
financial assistance for development costs of housing
provided with the loans, and the extent to which borrowers
under such loans have used low-income housing tax credits
provided under section 42 of the Internal Revenue Code of
1986 in connection with the housing provided with the loans;
``(B) analyze the financial viability of the housing
provided with loans guaranteed under this section and the
need for project-based rental assistance for such housing;
``(C) include any recommendations of the Secretary for
expanding or improving the program under this section for
guaranteeing loans; and
``(D) include any other information regarding the program
for guaranteeing loans under this section that the Secretary
considers appropriate.
``(s) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(1) The term `development cost' has the meaning given the
term in section 515(e).
``(2) The term `eligible lender' means a lender determined
by the Secretary to meet the requirements of subparagraph
(A), (B), (C), or (D) of subsection (e)(1).
``(3) The terms `housing' and `related facilities' have the
meanings given such terms in section 515(e).
``(t) Authorization of Appropriations.--There are
authorized to be appropriated for fiscal years 1995 and 1996
such sums as may be necessary for costs (as such term is
defined in section 502 of the Congressional Budget Act of
1974) of loan guarantees made under this section.
``(u) Termination Date.--A loan may not be guaranteed under
this section after September 30, 1996.''.
SEC. 518. RURAL HOUSING LOAN DELEGATED PROCESSING
DEMONSTRATION.
(a) Authority.--Not later than the expiration of the 180-
day period beginning on the date of enactment of this Act,
the Secretary of Agriculture shall implement a system for
making, processing, and servicing loans under section 502 of
the Housing Act of 1949 that delegates such functions to
nonprofit organizations approved by the Secretary of
Agriculture. Under the system, the Secretary shall retain the
authority to approve loan amounts and interest credit
agreements and to execute binding loan commitments and credit
agreements.
(b) Use in Targeted Underserved Areas.--The Secretary of
Agriculture shall carry out the delegated processing system
under subsection (a) only with respect to loans for housing
located in, and amounts reserved for use in, areas for which
a designation under section 509(f) is in effect.
(c) Report.--The Secretary of Agriculture shall submit an
interim report to the Congress not later than 12 months after
the date of the initial implementation of the delegated
processing system under this section describing the
activities taken under the system and evaluating the
effectiveness of the system.
(d) Termination of Authority.--The Secretary of Agriculture
may not carry out the delegated processing system under this
section after September 30, 1996.
[[Page 1326]]
TITLE VI--COMMUNITY DEVELOPMENT
Subtitle A--Community Development Block Grant Program
SEC. 601. AUTHORIZATION OF APPROPRIATIONS AND GUARANTEE
AUTHORITY.
(a) Community Development Block Grants.--The second
sentence of section 103 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5303) is amended to read
as follows: ``For purposes of assistance under section 106,
there are authorized to be appropriated $4,400,000,000 for
fiscal year 1995 and $4,500,000,000 for fiscal year 1996.''.
(b) Limitation on Loan Guarantees.--The fifth sentence of
section 108(a) of the Housing and Community Development Act
of 1974 (42 U.S.C. 5308(a)) is amended to read as follows:
``Notwithstanding any other provision of law and subject only
to the absence of qualified applicants or proposed activities
and to the authority provided in this section, to the extent
approved or provided in appropriation Acts, the Secretary
shall enter into commitments to guarantee notes and
obligations under this section with an aggregate principal
amount of $2,054,000,000 for fiscal year 1995 and
$2,054,000,000 for fiscal year 1996.''.
(c) Special Purpose Grants.--Section 107 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5307) is
amended--
(1) by striking ``Sec. 107'' and all that follows through
the end of paragraph (1) of subsection (a) and inserting the
following:
``Sec. 107. (a) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
for each of fiscal years 1995 and 1996, $60,000,000, for
grants under subsection (b). Of such amounts--
``(A) $7,000,000 shall be available in each such year for
grants under subsection (b)(1);
``(B) such sums as may be necessary shall be available in
each such year for grants under subsection (b)(2);
``(C) $7,000,000 shall be available in each such year for
grants under subsection (b)(3);
``(D) $28,000,000 shall be available in each such year for
grants under subsection (b)(4);
``(E) $6,000,000 shall be available in each such year for
grants under subsection (b)(5);
``(F) $2,000,000 shall be available in each such year for
grants under subsection (b)(6);
``(G) $8,000,000 shall be available in each such year for
grants under subsection (b)(7);
``(H) such sums as may be necessary shall be available in
each such year for grants under subsection (b)(8);
``(I) $3,000,000 shall be available in each such year for
grants under subsection (c); and
``(J) such sums as may be necessary shall be available in
fiscal year 1995 for a grant to the City of Bridgeport,
Connecticut, subject to binding commitments made by the City
of Bridgeport and the State of Connecticut that the amount
made available pursuant to this subparagraph will be
supplemented with an additional amount equal to such amount
under this subparagraph, which shall be provided by the city
and the State in equal amounts.''; and
(2) in subsection (b)--
(A) in paragraph (6), by striking ``and'' at the end;
(B) in paragraph (7), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following new paragraph:
``(8) to 10 metropolitan cities and urban counties that
receive grants under section 106, have high rates of fire
incidents, a substantial number of low-income residents, and
a high rate of death and serious injury caused by fire among
youth, elderly, and minorities, for obtaining a nitrogen
enhanced, biodegradable, noncorrosive fire suppression liquid
and for training firefighters to use such liquid; and in any
year in which grants are made under this paragraph, the
Secretary shall include in the report required under section
113 a description of the effectiveness of grants made under
this paragraph in preventing loss of life and property;
and''.
SEC. 602. DEFINITION OF METROPOLITAN CITY.
Section 102(a)(4) of the Housing and Community Development
Act of 1974 (42 U.S.C. 5302(a)(4)) is amended--
(1) in the second sentence, by striking ``2 years'' and
inserting ``1 year after September 30, 1989,''; and
(2) by striking the fifth sentence and inserting the
following new sentence: ``Notwithstanding that the population
of a unit of general local government was included, after
September 30, 1989, with the population of an urban county
for purposes of qualifying for assistance under section 106,
the unit of general local government may apply for assistance
under section 106 as a metropolitan city if the unit meets
the requirements of the second sentence of this paragraph.''.
SEC. 603. MANAGEMENT INFORMATION SYSTEMS.
Section 103 of the Housing and Community Development Act of
1974 (42 U.S.C 5303) is amended--
(1) by inserting ``(a) In General.--'' after ``103.''; and
(2) by adding at the end the following new subsection:
``(b) Reservation for Management Information Systems.--Of
the amount approved in an appropriation Act for each of
fiscal years 1995 and 1996 under this section, the Secretary
may reserve not more than 0.5 percent for improving
management information systems used by the Secretary and
recipients under this title.''.
SEC. 604. ELIGIBLE ACTIVITIES.
(a) Reconstruction Activities and Removal of Toxic
Materials.--Section 105(a) of the Housing and Community
Development Act of 1974 (42 U.S.C. 5305(a)) is amended--
(1) in paragraph (4), by striking ``, demolition,
removal,'' and inserting ``(including the removal of toxic
materials and other contaminants from properties),
demolition, removal, reconstruction,'';
(2) in paragraph (8)--
(A) by striking ``and'' after ``under this paragraph,'';
(B) by striking ``fiscal year 1994'' and inserting ``fiscal
years 1994, 1995, and 1996''; and
(C) by inserting before the semicolon at the end the
following: ``, and except that of any amount of assistance
under this title (including program income) to the Cities of
Vallejo and Benecia and to Napa County, in California, such
cities and county may use not more than 20 percent in fiscal
year 1995 and 25 percent in fiscal year 1996 for activities
under this paragraph'';
(3) in paragraph (13), by striking ``and'' at the end;
(4) by striking paragraph (19);
(5) in paragraph (24), by striking ``and'' at the end;
(6) in paragraph (25), by striking the period at the end
and inserting ``; and'';
(7) by redesignating paragraphs (20) through (25) as
paragraphs (19) through (24), respectively; and
(8) by redesignating paragraph (21) (as added by section
1012(f)(3) of the Housing and Community Development Act of
1992 (Public Law 102-550; 106 Stat. 3905) as paragraph (25).
(b) Homeownership Activities.--Section 907(b)(2) of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
5305 note) is hereby repealed.
SEC. 605. REALLOCATIONS.
Section 106(c) of the Housing and Community Development Act
of 1974 (42 U.S.C. 5304(c)) is amended by striking paragraph
(4).
SEC. 606. PROHIBITION OF USE OF CDBG ASSISTANCE FOR
EMPLOYMENT RELOCATION ACTIVITIES.
Section 105 of the Housing and Community Development Act of
1974 (42 U.S.C. 5305) is amended by adding at the end the
following new subsection:
``(h) Prohibition of Use of Assistance for Employment
Relocation Activities.--Notwithstanding any other provision
of law, no amounts from a grant under section 106 made in
fiscal year 1994 or any succeeding fiscal year may be used
for any activity (including any infrastructure improvement)
that is intended, or likely, to facilitate the relocation or
expansion of any industrial or commercial plant, facility, or
operation, from one area to another area, if the relocation
or expansion will result in a loss of employment in the area
from which the relocation or expansion occurs.''.
SEC. 607. LIMITATION ON EXTENT OF USE OF LOAN GUARANTEES FOR
HOUSING PURPOSES.
Section 108 of the Housing and Community Development Act of
1974 (42 U.S.C. 5308) is amended by inserting after
subsection (h) the following new subsection:
``(i) Limitation on Use.--Of any amounts obtained from
notes or other obligations issued by an eligible public
entity or public agency designated by an eligible public
entity and guaranteed under this section pursuant to an
application for a guarantee submitted after the date of the
enactment of the Housing and Community Development Act of
1992, the aggregate amount used for the purposes described in
clauses (2) and (4) of subsection (a), and for other housing
activities under the purposes described in clauses (1) and
(3) of subsection (a), may not exceed 10 percent of such
amounts obtained by the eligible public entity or agency.''.
SEC. 608. ECONOMIC DEVELOPMENT GRANTS.
(a) Eligible Activities.--Section 108(q)(2) of the Housing
and Community Development Act of 1974 (42 U.S.C. 5308(q)(2))
is amended by inserting before the period at the end the
following: ``and for the construction, rehabilitation, or
financing of retail and service facilities, mixed-use
projects, projects that link economic development and
housing, community centers, farmers' markets, and community-
based business expansions''.
(b) Eligible Public Entities.--Section 108(q)(1) of the
Housing and Community Development Act of 1974 is amended by
inserting after ``eligible public entities'' the following:
``, and to eligible public entities in conjunction with
community- or neighborhood-based organizations,''.
(c) Authorization of Appropriations.--Section 108(q) of the
Housing and Community Development Act of 1974 is amended by
adding at the end the following new paragraph:
``(5) Authorization of appropriations.--There are
authorized to be appropriated for grants under this
subsection $100,000,000 for fiscal year 1995 and $100,000,000
for fiscal year 1996. Using any amounts appropriated for
grants under this subsection for fiscal years 1995 and 1996,
the Secretary shall make a grant in the amount of $3,650,000
in each such fiscal year to the Earth Conservancy in Luzerne
County, Pennsylvania, which shall be used for carrying out a
demonstration of using innovative environmental technologies
to reclaim land used for community and economic development
purposes that has been damaged by anthracite coal mining
activities.''.
SEC. 609. USE OF UDAG RECAPTURES.
Section 119(o) of the Housing and Community Development Act
of 1974 (42 U.S.C. 5318(o)) is amended by striking ``October
1, 1993'' and inserting in lieu thereof ``April 11, 1994''.
[[Page 1327]]
SEC. 610. EXTENSION OF CERTAIN CDBG ASSISTANCE.
(a) Extension.--Section 916(f) of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 5306 note) is
amended by striking ``1991'' and all that follows through
``1994'' and inserting ``beginning before the commencement of
fiscal year 1998''.
(b) Eligibility.--Section 916(e)(4) of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 5306
note) is amended by inserting ``other than Riverside County,
California,'' after ``area''.
Subtitle B--Other Community Development Programs
SEC. 631. NEIGHBORHOOD REINVESTMENT CORPORATION.
The first sentence of section 608(a)(1) of the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8107(a)) is amended
to read as follows: ``There are authorized to be appropriated
to the corporation to carry out this title $35,000,000 for
fiscal year 1995 and $35,000,000 for fiscal year 1996.''.
SEC. 632. JOHN HEINZ NEIGHBORHOOD DEVELOPMENT PROGRAM.
Section 123(g) of the Housing and Urban-Rural Recovery Act
of 1983 (42 U.S.C. 5318 note) is amended to read as follows:
``(g) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$10,000,000 for fiscal year 1995 and $10,000,000 for fiscal
year 1996.''.
SEC. 633. CAPACITY BUILDING FOR COMMUNITY DEVELOPMENT AND
AFFORDABLE HOUSING.
(a) Authorization of Appropriations.--Section 4 of the HUD
Demonstration Act of 1993 (42 U.S.C. 9816 note) is amended by
striking subsection (e) and inserting the following new
subsection:
``(g) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$60,000,000 for fiscal year 1995 and $60,000,000 for fiscal
year 1996.''.
(b) Delivery of Assistance.--Section 4 of the HUD
Demonstration Act of 1993 (42 U.S.C. 9816 note) is amended--
(1) in subsection (a)--
(A) by inserting ``and directly to community-based
organizations and capacity-building organizations'' after
``Initiative'';
(B) by inserting ``neighborhood'' after ``undertake''; and
(C) by striking ``and affordable housing'' and inserting
``, affordable housing, revitalization, economic development,
youth and family support, and community service'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``and community housing
development organizations'' and inserting ``, community
housing development organizations, and community-based
organizations (including local community action agencies
receiving assistance under the Community Services Block Grant
Act)'' before the semicolon at the end;
(B) in paragraph (2)--
(i) by striking ``and community housing development
organizations'' and inserting ``, community housing
development organizations, and community-based organizations
(including local community action agencies receiving
assistance under the Community Services Block Grant Act)'';
(ii) by inserting ``neighborhood'' after ``carry out''; and
(iii) by striking ``low-income'' and inserting ``low- and
moderate-income''; and
(C) in paragraph (3), by inserting ``or the community-based
organization'' after ``Initiative'';
(3) in subsection (c), by inserting ``to the National
Community Development Initiative'' after ``provided'';
(4) by redesignating subsection (d) as subsection (e); and
(5) by inserting after subsection (c) the following new
subsection:
``(d) Selection Criteria.--The Secretary shall select
community-based organizations and capacity-building
organizations to receive assistance under this section based
upon selection criteria established by the Secretary, which
shall include the extent to which the activities proposed to
be conducted by the organization with assistance under this
section will--
``(1) develop new community-based organizations in
unorganized or underserved areas;
``(2) assist eligible private nonprofit community-based
organizations located in low- or moderate-income
neighborhoods or areas having a concentration of low- and
moderate-income persons;
``(3) be targeted to areas in economic distress;
``(4) be conducted by an organization that provides for
neighborhood resident participation in the activities of the
organization (including participation of low- and moderate-
income residents) and the extent to which the households and
businesses in the area served are members of the
organization;
``(5) benefit low- and moderate-income persons residing in
the area served by the applicant;
``(6) encourage linking and coordinating housing, economic,
and human development;
``(7) be coordinated with local law enforcement agencies,
local public housing agencies, and local public housing
resident management corporations and resident councils, with
respect to anti crime initiatives; and
``(8) leverage contributions to support a wide variety of
community development initiatives from the private sector,
foundations, colleges and universities, civic groups, social,
cultural, religious, and other institutions, and the national
service program, in a manner that achieves the greatest long-
term private sector support.''.
(c) Geno Baroni Recognition Awards for Neighborhood Self-
Help Organizations.--Section 4 of the HUD Demonstration Act
of 1993 is amended by inserting after subsection (e) (as so
redesignated by subsection (b) of this section) the following
new subsection:
``(f) Geno Baroni Recognition Awards for Neighborhood Self-
Help Organizations.--
``(1) Authority.--The Secretary shall establish an award to
be known as the Geno Baroni Recognition Award for
Neighborhood Self-Help Organizations, and shall select
community-based organizations and capacity-building
organizations for such award annually pursuant to the
criteria under paragraph (3).
``(2) Purpose.--The purpose of the awards under this
subsection shall be--
``(A) to focus attention on and provide monetary
compensation to successful self-help organizations that have
established and implemented effective strategies to restore
economic vitality to neighborhoods in the United States; and
``(B) to facilitate training and other forms of capacity-
building assistance to improve and expand the ability of
community-based organizations to carry out activities
referred in subparagraph (A).
``(3) Criteria.--The Secretary shall prescribe criteria for
the selection of community-based organizations and capacity-
building organizations for the award as the Secretary
considers appropriate, which shall include the extent to
which the activities of an organization meet the criteria
under subsection (d) and the extent to which an organization
has--
``(A) promoted, implemented and supported self-help
neighborhood activities that integrate poorer, inner-city
neighborhoods into the greater metropolitan region;
``(B) furthered sustainable community development by
expanding fair housing opportunities, furthering economic
revitalization, reducing economic isolation of income groups
within communities, expanding housing, education, and
employment opportunities for persons of low or moderate
income, and providing other amenities in low-income
neighborhoods;
``(C) promoted and supported neighborhood leadership and
responsibility;
``(D) leveraged private contributions to support a wide
variety of community development initiatives on a long-term
basis; and
``(E) established and enhanced the managerial, financial,
and administrative capacity of the organization.
``(4) Monetary award.--In connection with each award made
under this subsection to a community-based organization or
capacity-building organization, the Secretary shall, to the
extent amounts are available pursuant to paragraph (6),
provide a monetary award to the organization in the amount of
$50,000.
``(5) Use of funds for administrative purposes.--The
Secretary may use amounts made available to carry out this
subsection to defray the costs of the Secretary in connection
with making awards under this section, including costs for--
``(A) printing and disseminating information;
``(B) holding conferences;
``(C) holding competition for awards, including travel and
per diem costs; and
``(D) travel costs of award winners to attend follow-up
conferences endorsed by the Secretary and to provide peer-to-
peer assistance to other appropriate individuals and
entities.
``(6) Funding.--
``(A) In general.--Of any amounts appropriated for fiscal
year 1995 to carry out this section 4, 10 percent shall be
used to carry out this subsection. Of any amounts
appropriated for fiscal year 1996 to carry out this section,
such sums as may be necessary shall be used to carry out this
subsection. The provisions of subsection (c) shall not apply
to any amounts used to carry out this subsection.
``(B) Set-aside for administrative purposes.--Of amounts
available for any fiscal year to carry out this subsection
pursuant to subparagraph (A), not more than 2 percent may be
used for the purposes in paragraph (5).''.
SEC. 634. COLONIAS ASSISTANCE PROGRAM.
(a) Grant Authority.--The Secretary may make grants in
accordance with the provisions of this section to units of
general local government, States, nonprofit organizations, or
entities or instrumentalities established under the authority
of any of such entities, for use in addressing the community
development and housing needs of colonias.
(b) Eligible Activities.--Assistance under this section may
be used only to carry out the following activities:
(1) Any activity eligible under section 105 of the Housing
and Community Development Act of 1974 or section 212(a) of
the HOME Investment Partnerships Act.
(2) Refinancing the existing debt of homeowners to convert
existing land transactions and interests into mortgages.
(3) Constructing new housing, including self-help, energy-
efficient, and innovative housing design initiatives.
(4) Developing new subdivisions for affordable housing.
(5) Re-platting and redeveloping existing subdivisions.
(6) Planning for and constructing infrastructure necessary
for the development of housing, economic development, and
community facilities and amenities.
(7) Such other activities as the Secretary deems
appropriate to further the purposes of this section.
(c) Model Programs.--
(1) In general.--Of amounts allocated under subsection
(j)(2), the Secretary shall
[[Page 1328]]
make grants under this subsection to the entities referred to
in subsection (a) for the purpose of establishing model
programs of assistance for addressing the community
development, housing, and other needs of the residents of the
colonias.
(d) Selection of Grantees.--
(1) Geographic distribution.--The Secretary shall
designate--
(A) at least one project in each State to receive a grant
under this subsection; and
(B) at least one project within a metropolitan area in any
State to receive a grant under this subsection.
(2) Selection process.--The Secretary shall select grantees
under this subsection on a noncompetitive basis, through
negotiation with the grantee.
(3) Selection criteria.--In selecting projects for grants
under this subsection, the Secretary shall consider--
(A) the extent of need in the colonia;
(B) the likely effectiveness of the proposed approach in
addressing identified needs;
(C) the extent to which funding for the project is
committed from sources other than under this section;
(D) the need to consider a variety of solutions to a
variety of needs situations; and
(E) such other factors as the Secretary deems appropriate
to carry out the objectives of this section.
(e) Competitive Grants.--
(1) Purpose.--Grants under this subsection shall be made,
in accordance with paragraph (2), to the entities referred to
in subsection (a) for the purpose of assisting the community
development and housing needs of the residents of one or more
colonias in an area or region.
(2) Reservation of funds.--Of amounts allocated under
subsection (j)(2), the Secretary shall reserve a target
amount for grants under this subsection for use in colonias
in each State. The Secretary shall determine the amount be
reserved based on such objective factors of need as the
Secretary deems appropriate, which may include rates of
poverty in, and the population of, colonias. The Secretary
shall reallocate any amounts set-aside under this paragraph
for which the Secretary determines there will not be
sufficient approvable applications in a fiscal year.
(3) Use of funds.--Any amount not reserved or reallocated
under paragraph (2) may be used in colonias in any State.
(4) Applications.--Applications for grants under this
subsection shall be submitted at such time and in accordance
with such procedures, as the Secretary shall prescribe.
Applications shall contain the following information, which
the Secretary shall consider in selecting projects for grants
under this subsection:
(A) The extent of need in the colonia.
(B) An estimate of the likely effectiveness of the proposed
approach in addressing identified needs.
(C) A description of the extent to which funding for the
project is committed from sources other than under this
section.
(D) Any other information that the Secretary deems
appropriate to carry out the objectives of this section.
(5) Selection of grantees.--The Secretary shall select
grantees for grants under this subsection on the basis of a
competition, following publication of a notice of funding
availability in the Federal Register.
(f) Records, Reports, and Audits.--
(1) Keeping of records.--Each grantee under this section
shall keep such records as may be reasonably necessary to
disclose the amounts and the disposition of grant amounts
received under this section and to ensure compliance with the
requirements of this section.
(2) Grantee reports.--Each grantee under this section shall
submit to the Secretary a report, or series of reports, in a
form and at a time specified by the Secretary. Each report
shall--
(A) describe the use of funds made available to the grantee
under this section; and
(B) describe and analyze the effect of assisted activities
in addressing the community development and housing needs of
the residents of colonias.
(g) Access to Documents by Secretary.--The Secretary shall
have access for the purpose of audit and examination to any
books, documents, papers, and records of a grantee that are
pertinent to assistance received in connection with, and the
requirements of, this section.
(h) Access to Documents by Comptroller General.--The
Comptroller General of the United States, or any of the duly
authorized representatives of the Comptroller General, shall
have access for the purpose of audit and examination to any
books, documents, papers, and records of a grantee that are
pertinent to assistance received under, and the requirements
of, this section.
(i) Definitions.--For purposes of this section, the
following definitions shall apply:
(1) The terms ``colonia'' and ``United States-Mexico Border
Region'' have the meanings given the terms in section 916(e)
of the Cranston-Gonzalez National Affordable Housing Act.
(2) The term ``metropolitan area'' has the meaning given
the term in section 102(a) of the Housing and Community
Development Act of 1974.
(3) The term ``nonprofit organization'' means--
(A) an organization--
(i) that is described in section 501(c) of the Internal
Revenue Code of 1986; and
(ii) is exempt from taxation under section 501(a) of such
Code; or
(B) an organization--
(i) no part of the net earnings of which inures to the
benefit of any member, founder, contributor, or individual;
(ii) that in the case of a private nonprofit organization,
has a voluntary board;
(iii) that has an accounting system, or has designated a
fiscal agent in accordance with requirements established by
the Secretary; and
(iv) that practices nondiscrimination in the provision of
assistance.
(4) The term ``Secretary'' means the Secretary of Housing
and Urban Development.
(5) The term ``State'' means the States of California,
Arizona, New Mexico, and Texas.
(6) The term ``unit of general local government'' means--
(A) a city, town, township, county, parish, village, or
other general purpose political subdivision of a State; and
(B) any agency or instrumentality thereof that is
established pursuant to legislation and designated by the
chief executive to act on behalf of the jurisdiction with
regard to provisions of this section.
The term includes a consortium of geographically contiguous
units of general local government, if the Secretary
determines that the consortium--
(i) has sufficient authority and administrative capability
to carry out the purposes of this section on behalf of its
member jurisdictions; and
(ii) meets such other requirements as the Secretary may
prescribe.
(j) Funding.--
(1) Authorization of appropriations.--There are authorized
to be appropriated for grants under this section $100,000,000
for each of fiscal years 1995 and 1996. Any amount
appropriated to carry out this section shall remain available
until expended.
(2) Allocation of funds.--Of the amounts appropriated under
paragraph (1) for any fiscal year--
(A) 80 percent shall be available for grants to establish
model programs under subsection (c); and
(B) 20 percent shall be available for competitive grants
under subsection (e).
SEC. 635. GRANTS FOR EMPOWERMENT ZONES AND ENTERPRISE
COMMUNITIES.
(a) Grant Authority.--The Secretary of Housing and Urban
Development may make grants to units of general local
government in which empowerment zones and enterprise
communities have been designated pursuant to section 1391 of
the Internal Revenue Code of 1986.
(b) Use.--Grants under this section may be used only to
assist units of general local government in implementing the
strategic plan for community revitalization required for each
designated empowerment zone and enterprise community by
expanding business opportunities and job creation through
economic development activities and by stimulating the use of
project-based rental assistance certificates and other
activities to construct or rehabilitate rental housing, as
follows:
(1) Economic development activities.--Grants amounts under
this section used for economic development activities may be
used only for activities eligible to be carried out with
amounts provided under title I of the Housing and Community
Development Act of 1974.
(2) Assisted housing.--Grant amounts under this section
used for housing activities may be used for--
(A) project-based assistance activities eligible under
section 8 of the United States Housing Act of 1937 or similar
State and local programs;
(B) activities eligible for assistance under title II of
the Cranston-Gonzalez National Affordable Housing Act or a
similar local affordable housing program; and
(C) other housing activities that meet the requirements of
this subsection, as the Secretary may approve.
(3) Prohibition of use of assistance for employment
relocation activities.--Notwithstanding any other provision
of this section, no grant amounts under this section may be
used for any activity (including any infrastructure
improvement) that is intended, or likely, to facilitate the
relocation or expansion of any industrial or commercial
plant, facility, or operation, from one area to another area,
if the relocation or expansion will result in a loss of
employment in the area from which the relocation or expansion
occurs.
(c) Technical Assistance.--From amounts reserved under
subsection (i)(2), the Secretary shall carry out, directly or
through contracts, training and information activities in
connection with the program under this section.
(d) Applications.--A locality in which an empowerment zone
or enterprise community has been designated, which
designation remains in effect, may submit an application to
the Secretary for a grant under this section. The application
shall contain such information and certifications as the
Secretary may require, including a certification that the
grant will be used in accordance with the approved strategic
plan. Where a zone or community is within the jurisdiction of
more than one unit of general local government, the
application shall be submitted jointly by the units of
general local government and shall specify whether and, if
so, how the grant is to be divided among the units.
(e) Funding.--To the extent amounts are available to carry
out this section, for appli-
[[Page 1329]]
cations approved by the Secretary the amount of a grant under
this section for a fiscal year shall be--
(1) $50,000,000 for each urban empowerment zone;
(2) $20,000,000 for each rural empowerment zone; and
(3) $1,400,000 for each enterprise community.
(f) Terms and Conditions.--Grants made under this section
shall be subject to such terms and conditions as the
Secretary may establish.
(g) Use in Conjunction With Loan Guarantees.--Grants made
under this section may be used in conjunction with loans
guaranteed under section 108 of the Housing and Community
Development Act of 1974 and the Home Investment Partnerships
Act.
(h) Records, Reports, and Audits.--
(1) Keeping of records.--Each grantee under this section
shall keep such records as may be reasonably necessary to
disclose the amounts and the disposition of grant amounts
received under this subtitle and to ensure compliance with
the requirements of this section.
(2) Grantee reports.--Each grantee under this section shall
submit to the Secretary a report, or series of reports, in a
form and at a time specified by the Secretary. Each report
shall--
(A) describe the use of amounts made available under this
section; and
(B) describe and analyze the effect of assisted activities
in addressing the objectives of this section.
(3) Access to documents by secretary.--The Secretary shall
have access for the purpose of audit and examination to any
books, documents, papers, and records of the grantee that are
pertinent to assistance received in connection with, and the
requirements of, this section.
(4) Access to documents by comptroller general.--The
Comptroller General of the United States, or any of the duly
authorized representatives of the Comptroller General, shall
have access for the purpose of audit and examination to any
books, documents, papers, and records of the grantee that are
pertinent to assistance received under, and the requirements
of, this section.
(i) Funding.--
(1) Authorization of appropriations.--There are authorized
to be appropriated for purposes of this section $250,000,000
for fiscal year 1995 and $250,000,000 for fiscal year 1996.
Any amount appropriated to carry out this section shall
remain available until expended.
(2) Reservation of amounts for training and information
activities.--Of the amounts appropriated pursuant to
paragraph (1) for any fiscal year, the Secretary shall
reserve not more than 0.5 percent for use only to carry out
the training and information activities referred to in
subsection (c).
SEC. 636. USE OF GRANT AMOUNTS.
(a) Buffalo, New York.--Notwithstanding any other provision
of law, the City of Buffalo, New York, may retain amounts
provided under an urban development action grant under
section 119 of the Housing and Community Development Act of
1974 for Project No. B-87-AA-36-0540 and use such funds for
the Towne Gardens Plaza project, and may retain amounts
provided under such a grant for Project No. B-87-AA-36-0521
and use such funds for the American Axle project, if such
projects are commenced not later than 6 months after the date
of the enactment of this Act.
(b) Pittsburgh, Pennsylvania.--Notwithstanding any other
provision of law, the city of Pittsburgh, Pennsylvania, may
retain any amounts provided under an urban development action
grant for Project No. B-86-AA-42-0275 and use such funds for
the Central Pittsburgh Plaza project, if such project is
commenced not later than 6 months after the date of the
enactment of this Act.
(c) Wilkes-Barre, Pennsylvania.--Notwithstanding any other
provision of law, the city of Wilkes-Barre, Pennsylvania, may
retain any amounts provided under an urban development action
grant for Project No. B-87-AA-42-1211 and use such funds for
the Northeastern Pennsylvania Economic Development project,
if such project is commenced not later than 6 months after
the date of enactment of this Act.
(d) Richmond, Virginia.--The Secretary of Housing and Urban
Development shall cancel the indebtedness of the city of
Richmond, Virginia, relating to the categorical program
settlement grant provided to the city to settle four urban
renewal programs (Project No. B-78-UR-51-0019). The city of
Richmond, Virginia, is hereby relieved of all liability to
the Federal Government for such grant and any fees and
charges payable in connection with such grant.
(e) Lockport Township, Illinois.--The Secretary of Housing
and Urban Development shall cancel the indebtedness of
Lockport Township, Illinois, relating to the public
facilities loan for Project No. ILL-11-PFL0112. Lockport
Township, Illinois, is hereby relieved of all liability to
the Federal Government for the outstanding principal balance
on such loan, the amount of accrued interest on such loan,
and any other fees and charges payable in connection with
such loan.
(f) Binghamton, New York.--Notwithstanding any other
provision of law, the City of Binghamton, New York, may
retain amounts provided under an urban development action
grant under section 119 of the Housing and Community
Development Act of 1974 for Project No. B-88-AA-36-0535 and
use such funds for the High Technology Center project, if
such project is commenced not later than 6 months after the
date of the enactment of this Act.
(g) Budget Compliance.--Subsections (d) and (e) of this
section shall be effective only to the extent, or in such
amounts, as are provided in appropriation Acts.
TITLE VII--REGULATORY AND MISCELLANEOUS PROGRAMS
SEC. 701. FAIR HOUSING INITIATIVES PROGRAM.
Section 561(g) of the Housing and Community Development Act
of 1987 (42 U.S.C. 3616 note) is amended to read as follows:
``(g) Authorization of Appropriations.--There are
authorized to be appropriated to carry out the provisions of
this section $26,000,000 for fiscal year 1995 and $27,000,000
for fiscal year 1996, of which--
``(1) not less than $9,000,000 for fiscal year 1995 and
$9,000,000 for fiscal year 1996 shall be for private
enforcement initiatives authorized under subsection (b),
divided equally between activities specified under subsection
(b)(1) and those specified under subsection (b)(2);
``(2) not less than $3,000,000 for fiscal year 1995 and
$3,000,000 for fiscal year 1996 shall be for qualified fair
housing enforcement organizations authorized under subsection
(c)(1);
``(3) not less than $7,000,000 for fiscal year 1995 and
$7,000,000 for fiscal year 1996 shall be for the creation of
new fair housing enforcement organizations authorized under
subsection (c)(2); and
``(4) not less than $7,000,000 for fiscal year 1995 and
$7,000,000 for fiscal year 1996 shall be for education and
outreach programs authorized under subsection (d), to be
divided equally between activities specified under subsection
(d)(1) and those specified under subsections (d)(2) and
(d)(3).
Any amount appropriated under this section shall remain
available until expended.''.
SEC. 702. HUD PROGRAM MONITORING AND EVALUATION.
The first sentence of section 7(r)(6) of the Department of
Housing and Urban Development Act (42 U.S.C. 3535(r)(6)) is
amended to read as follows: ``There are authorized to be
appropriated to carry out this subsection such sums as may be
necessary for fiscal years 1995 and 1996.''.
SEC. 703. HUD SALARIES AND EXPENSES.
Section 7(s) of the Department of Housing and Urban
Development Act (42 U.S.C. 3535(s)) is amended to read as
follows:
``(s) Authorization of Appropriations for Salaries and
Expenses.--Notwithstanding any other provision of law, there
are authorized to be appropriated such sums as may be
necessary for each of fiscal years 1995 and 1996 for salaries
and expenses to carry out the purposes of this section. There
is also authorized to be appropriated for fiscal year 1996,
$40,000,000, for the training, travel to training, continuing
education, professional development, and improvement of
skills of employees of the Department.''.
SEC. 704. USE OF TECHNICAL ASSISTANCE AMOUNTS BY OR FOR HUD
STAFF.
Section 7 of the Department of Housing and Urban
Development Act (42 U.S.C. 3535) is amended by adding at the
end the following new subsection:
``(t) Use of Technical Assistance Amounts.--The Secretary
may transfer to any of the accounts of the Department for
salaries and expenses from any other account from which
amounts may be drawn for technical assistance such amounts as
the Secretary determines are reasonable to reimburse such
salaries and expenses account, but only if such reimbursement
is made for expenditures for the costs of personal services,
travel, and transportation, and other object classifications
that are incurred for the technical assistance, training, and
related activities provided by or to officials and employees
of the Department for a program that is funded from such
other account and in which the costs of technical assistance
are otherwise eligible for expenditure. Up to 10 percent of
the amount transferred may be used for technical assistance,
training, travel, and related expenses provided to officials
and employees of the Department. The authority under this
subsection to transfer amounts shall be in addition to any
other authority of the Secretary to transfer funds among
accounts which exists on the date of the enactment of the
Housing and Community Development Act of 1992 or is provided
after such date.''.
SEC. 705. ANNUAL REPORT REGARDING REPEAL OF UNFUNDED
PROGRAMS.
Section 8 of the Department of Housing and Urban
Development Act (42 U.S.C. 3536) is amended--
(1) by inserting ``(a) In General.--'' after ``Sec. 8.'';
and
(2) by adding at end the following new subsection:
``(b) Unfunded Programs.--In each annual report under this
section, the Secretary shall--
``(1) identify each program under the jurisdiction of the
Department for which amounts have been authorized to be
appropriated for each of the 3 most recently completed fiscal
years but for which, for all 3 of such years, amounts have
not been appropriated; and
``(2) include proposed legislation repealing the provisions
of Federal law authorizing the programs identified pursuant
to paragraph (1) and providing requirements for the
treatment, after such repeal, of any assistance provided
under such provisions before the repeal.''.
[[Page 1330]]
SEC. 706. REQUIREMENTS FOR PARTICIPATION OF WOMEN IN
CONSTRUCTION ASSISTED UNDER HUD PROGRAMS.
The Department of Housing and Urban Development Act (42
U.S.C. 3531 et seq.) is amended by adding at the end the
following new section:
``SEC. 15. REQUIREMENTS FOR PARTICIPATION OF WOMEN IN
CONSTRUCTION ASSISTED UNDER HUD PROGRAMS.
``(a) Bids.--Except as provided in subsection (c), each
contractor submitting a bid or contract proposal for a
covered construction contract (and each applicant for
construction assistance that will carry out construction)
shall include in the bid or proposal (or application for
construction assistance) documentation sufficient to ensure
that the contractor will comply with the requirements of this
section or certifications that the contractor will make a
good faith effort to comply with such requirements. The
Secretary shall, by regulation, establish standards for such
documentation and certifications and shall provide for
contractors (and applicants) making certifications to
periodically provide to the Secretary evidence of such good
faith efforts.
``(b) Participation Requirements.--Any contractor who
enters into a covered construction contract (and any
recipient of construction assistance carrying out
construction), and any subcontractor thereof, shall employ
and maintain the employment of construction trades workers in
construction covered by the covered construction contract (or
assisted with the construction assistance)--
``(1) for any contractor or subcontractor (or recipient of
construction assistance) whose total number of employees is
not less than 6 and not more than 19, not less than 1 woman;
and
``(2) for any contractor or subcontractor (or recipient of
construction assistance) whose total number of employees is
20 or more, a number of women that is not less than 10
percent of the positions in each of the construction trades
performed by the contractor or subcontractor (or recipient of
construction assistance).
``(c) Exemption for Small Contractors.--Any contractor (or
recipient) whose total number of employees is 5 or less shall
not be subject to the requirements of this section.
``(d) Definitions.--For purposes of this section:
``(1) The term `construction assistance' means any
assistance provided under any program administered by the
Secretary that is used for any construction, but does not
include mortgage insurance under the National Housing Act.
``(2) The term `construction trades workers' means workers
in any construction trade, including--
``(A) brickmasons, stonemasons, and tile setters;
``(B) carpenters;
``(C) electricians and power transmission installers;
``(D) painters, paperhangers, and plasterers;
``(E) plumbers, pipefitters, and steamfitters;
``(F) carpet installers;
``(G) drywall installers and drywall finishers;
``(H) concrete and terrazzo finishers;
``(I) glaziers;
``(J) insulation workers;
``(K) paving, surfacing, and tamping equipment operators;
``(L) roofers;
``(M) sheetmetal duct installers;
``(N) structural metal workers;
``(O) power equipment operators (including truck drivers,
and backhoe, bulldozer, crane, loader, and grader operators);
``(P) sprinkler installers;
``(Q) elevator installers;
``(R) laborers; and
``(S) landscapers.
``(3) The term `contractor' includes firms, partnerships,
corporations, and any other persons, and any combination
thereof.
``(4) The term `covered construction contract' means an
agreement to provide labor and related materials, supplies,
or services for any construction that--
``(A) involves any construction assistance; and
``(B) if such construction assistance is provided--
``(i) under the community development block grant program
under title I of the Housing and Community Development Act of
1974 or the HOME Investment Partnerships Act, involves a
total project cost of not less than $100,000; or
``(ii) under any other program administered by the
Secretary, involves a total project cost of not less than
$200,000.
``(5) The term `subcontractor' means any firm, partnership,
corporation, or any other person, or any combination thereof,
who enters into a contract or agreement with a contractor to
perform a substantial specified portion of a covered
construction contract.''.
SEC. 707. NOTIFICATION OF HUD FUNDING AWARDS.
Section 102(a)(1) of the Department of Housing and Urban
Development Reform Act of 1989 (42 U.S.C. 3545(a)(1)) is
amended by adding at the end the following new sentence:
``Each notice of the availability of assistance shall include
an estimate of the date by which the Department will notify
applicants for such assistance whose applications or requests
for assistance are approved of such approval.''.
SEC. 708. EXCLUSION OF GNMA FROM HUD PERSONNEL CEILINGS.
Section 502(a) of the Housing Act of 1948 (12 U.S.C.
1701c(a)) is amended by adding at the end the following new
sentence: ``Notwithstanding any other provision of law,
employees of the Government National Mortgage Association
Department in the Department of Housing and Urban Development
shall not be considered employees of the Department for
purposes of any limitation on the number of employees of the
Department.''.
SEC. 709. HUD RESEARCH AND DEVELOPMENT.
The second sentence of section 501 of the Housing and Urban
Development Act of 1970 (12 U.S.C. 1701z-1) is amended to
read as follows: ``There are authorized to be appropriated to
carry out this title $40,000,000 for fiscal year 1995 and
$42,000,000 for fiscal year 1996.''.
SEC. 710. PREVENTING FRAUD AND ABUSE IN RURAL RENTAL HOUSING
PROGRAM.
Section 904 of the Stewart B. McKinney Homeless Assistance
Amendments Act of 1988 (42 U.S.C. 3544) is amended--
(1) in the heading for the section, by inserting ``and
rural rental housing program'' before the period at the end;
(2) by striking paragraph (1) of subsection (a) and
inserting the following new paragraph:
``(1) Secretary concerned.--The term `Secretary concerned'
means--
``(A) the Secretary of Housing and Urban Development, with
respect to programs of the Department of Housing and Urban
Development; and
``(B) the Secretary of Agriculture, with respect to the
program for rural rental housing under section 515 of the
Housing Act of 1949.'';
(3) in subsection (b), in the matter preceding paragraph
(1), by inserting after ``income,'' the following: ``and as a
condition of initial or continuing eligibility for
participation in the program for rural rental housing under
section 515 of the Housing Act of 1949,'';
(4) in subsection (c)(2)(A)--
(A) by inserting before ``from the improper'' the
following: ``or the program for rural rental housing under
section 515 of the Housing Act of 1949''; and
(B) by inserting before ``and (in'' the following: ``and
the Department of Agriculture'';
(5) in the last sentence of subsection (c)(3)(A), by
inserting ``an officer or employee of the Department of
Agriculture,'' after ``Development,'';
(6) in subsection (e), by inserting after ``Development''
the following: ``or the program for rural rental housing
under section 515 of the Housing Act of 1949,'';
(7) in subsection (a)(2), in the matter in subsection (b)
that precedes paragraph (1), and in paragraphs (1) and (2) of
subsection (b), by striking ``the Secretary'' each place it
appears and inserting ``the Secretary concerned''; and
(8) in subsection (b)(3)--
(A) by striking ``the Secretary authorizing the Secretary''
and inserting ``the Secretary concerned authorizing the
Secretary concerned''; and
(B) by striking ``of the Secretary'' and inserting ``of the
Secretary concerned''.
SEC. 711. NATIONAL INSTITUTE OF BUILDING SCIENCES.
The second sentence of section 809(i) of the Housing and
Community Development Act of 1974 (12 U.S.C. 1701j-2(i)) is
amended to read as follows: ``In addition to the amounts
authorized to be appropriated under the first sentence of
this subsection, there are authorized to be appropriated to
the Institute to carry out the provisions of this section
$2,000,000 for fiscal year 1995 and $2,000,000 for fiscal
year 1996.''.
SEC. 712. RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION.
(a) Target Housing Hazard Reduction.--
(1) Authorization of appropriations.--Section 1011(p) of
the Housing and Community Development Act of 1992 (42 U.S.C.
4852(p)) is amended to read as follows:
``(p) Authorization of Appropriations.--For the purposes of
carrying out this Act, there are authorized to be
appropriated $100,000,000 for fiscal year 1995 and
$110,000,000 for fiscal year 1996.''.
(2) Technical assistance and capacity building.--Section
1011(g) of the Housing and Community Development Act of 1992
(42 U.S.C. 4852(g)) is amended--
(A) in paragraph (1)--
(i) in the first sentence, by inserting before the period
at the end the following: ``, by providing technical
assistance, either directly, or indirectly under contracts or
otherwise''; and
(ii) by striking the second sentence; and
(B) by striking paragraph (2) and inserting the following
new paragraph:
``(2) Set-aside.--Of the total amount approved in
appropriation Acts under subsection (p), there shall be set
aside to carry out this subsection $3,000,000 for fiscal year
1995 and $3,000,000 for fiscal year 1996.''.
(3) Eligible housing.--Section 1011 of the Housing and
Community Development Act of 1992 (42 U.S.C. 4852) is
amended--
(A) by striking subsection (a) and inserting the following
new subsection:
``(a) Authority and Eligible Housing.--
``(1) Authority.--The Secretary may provide grants to
eligible applicants to evaluate and reduce lead-based paint
hazards in housing that meets the requirements under
paragraphs (2) and (3) and is not federally assisted housing,
federally owned housing, or public housing, in accordance
with the provisions of this section.
[[Page 1331]]
``(2) Eligible housing.--Housing that meets the
requirements under this paragraph is the following housing:
``(A) Rental housing.--In the case of rental housing,
housing in which at least 50 percent of the dwelling units
are occupied by or available to households with incomes not
exceeding 50 percent of the median income for the area, as
defined by the Secretary, and the remainder of the dwelling
units are occupied by or available to households with incomes
not exceeding 80 percent of the median income for the area,
as defined by the Secretary.
``(B) Owner-occupied housing.--In the case of owner-
occupied housing, a dwelling that is the principal residence
of a household with an income not exceeding 80 percent of the
median income for the area, as defined by the Secretary.
``(3) Limitations on use of amounts.--
``(A) Rental housing.--In the case of rental housing for
which lead hazard reduction activities are conducted using
grant amounts under this section--
``(i) notwithstanding paragraph (2)(A), for housing with 5
or more dwelling units, not more than 20 percent of such
remaining dwelling units may be occupied by households with
incomes exceeding 80 percent of the median income for the
area, as defined by the Secretary; and
``(ii) all vacant dwelling units for which such activities
have been conducted shall be made available only to
households with a child or children under 6 years of age, and
among such households priority shall be given to households
with incomes not exceeding 50 percent of the median income
for the area, as defined by the Secretary.
``(B) Owner-occupied housing.--In the case of owner-
occupied housing for which lead hazard reduction activities
are conducted using grant amounts under this section, 90
percent of the dwelling units for which such activities are
conducted shall be dwelling units occupied by a household
with a child or children under 6 years of age or dwelling
units in which a child of such age regularly spends a
substantial portion of his or her time.
``(4) Exception to eligible housing requirements.--
Notwithstanding paragraph (2), housing that qualifies as
affordable housing under section 215 of the Cranston-Gonzalez
National Affordable Housing Act (including housing that
receives assistance under section 8 of the United States
Housing Act of 1937) and for which activities assisted under
this section are to be conducted using amounts made available
to carry out this section for fiscal year 1993 shall be
considered housing that meets the requirements of paragraph
(2) and shall not be subject to the requirements of paragraph
(3), but only if the recipient of such assistance elects,
before commencing such activities with such assistance, to be
subject to the provisions of this paragraph and the Secretary
approves such election. Any such recipient making such an
election may not use such assistance to carry out activities
under this section with respect to housing that meets the
requirements of paragraphs (2) and (3).''; and
(B) by striking ``priority housing'' each place it appears
and inserting ``housing that meets the requirements under
subsection (a)''.
(b) HUD Research.--
(1) Conducting of research.--Section 1052 of the Housing
and Community Development Act of 1992 (42 U.S.C. 4854a) is
amended by inserting after ``other Federal agencies,'' the
following: ``either directly, or indirectly under contract or
otherwise,''.
(2) Funding.--Section 1053 of the Housing and Community
Development Act of 1992 (42 U.S.C. 4854b) is amended to read
as follows:
``SEC. 1054. FUNDING.
``Of the total amount approved in appropriation Acts under
section 1011(p), there shall be set aside to carry out this
part $5,000,000 for fiscal year 1995 and $5,000,000 for
fiscal year 1996.''.
(3) Other activities.--Part 1 of subtitle D of title X of
the Housing and Community Development Act of 1992 (42 U.S.C.
4854 et seq.) is amended by inserting after section 1052 the
following new section:
``SEC. 1053. OTHER RESEARCH AND ASSISTANCE ACTIVITIES.
``The Secretary may use amounts available to carry out this
part to undertake, either directly, or indirectly under
contract or otherwise, pursuant to title V of the Housing and
Urban Development Act of 1970, such studies, tests (including
pilot tests of new or revised programs), evaluations,
demonstrations, education of the public, and preparation of
training materials, as are consistent with the purposes of
this Act.''.
(c) Definitions.--Section 1004 of the Housing and Community
Development Act of 1992 (42 U.S.C. 4851b) is amended--
(1) by striking paragraph (20); and
(2) by redesignating paragraphs (21) through (27) as
paragraphs (20) through (26), respectively.
SEC. 713. GAO STUDY OF LEAD-BASED PAINT DETECTION
TECHNOLOGIES AND TENANT NOTIFICATION
PROCEDURES.
(a) In General.--The Comptroller General of the United
States shall conduct a study of the lead-based paint
detection and abatement programs of the Department of Housing
and Urban Development, which shall include--
(1) analysis of existing lead-based paint detection
technologies including an analysis of the effectiveness of x-
ray fluorescence analyzers (in this section referred to as
``XRF'');
(2) evaluation of the qualifications of XRF contractors and
whether national certification standards should be imposed;
(3) analysis of whether the 1.0 mg/cm2 action
level for lead paint, as directed in section 302 of the Lead-
Based Paint Poisoning Prevention Act, is too high to
adequately protect tenant health, and in conduction such
analysis, the Comptroller General shall consult with the
Consumer Product Safety Commission, the Department of Health
and Human Services, and the Environmental Protection Agency;
and
(4) evaluation of the effectiveness of tenant notification
procedures of the Department of Housing and Urban Development
pursuant to a finding of lead-based paint in public housing.
(b) Report.--Not later than the expiration of the 6-month
period beginning on the date of the enactment of this Act,
the Comptroller General shall submit to the Congress a report
describing the results of the study required by subsection
(a).
SEC. 714. CIVIL MONEY PENALTIES FOR VIOLATIONS OF HOME
MORTGAGE DISCLOSURE ACT BY NONSUPERVISED
MORTGAGEES.
Section 305 of the Home Mortgage Disclosure Act of 1975 (12
U.S.C. 2804) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by inserting ``and'' at the end;
(B) in paragraph (3), by striking ``; and'' at the end and
inserting a period; and
(C) by striking paragraph (4);
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection:
``(c) Powers of the Secretary of Housing and Urban
Development.--
``(1) In general.--The Secretary of Housing and Urban
Development (in this subsection referred to as the
`Secretary') shall enforce compliance with the requirements
imposed under this title with regard to lending institutions
not described in subsection (b).
``(2) Civil money penalties.--Pursuant to paragraph (1) of
this subsection, the Secretary may impose a civil money
penalty for failure to comply with the requirements of this
title.
``(3) Amount of penalty.--The amount of the penalty, as
determined by the Secretary, may not exceed $5,000 for each
violation, except that the maximum penalty for all violations
by any particular lending institution during any 1-year
period shall not exceed $1,000,000.
``(4) Violations for which a penalty may be imposed.--A
civil money penalty may be imposed for the late submission of
a report, failure to submit a report, submission of an
illegible report, submission of an erroneous report, and
failure to submit a corrected report for a report that was
illegible or erroneous.
``(5) Agency procedures.--
``(A) Establishment.--The Secretary shall establish
standards and procedures governing the imposition of civil
money penalties under this section. The standards and
procedures shall provide for the Secretary to make the
determination to impose the penalty or to use an
administrative entity (such as the Mortgagee Review Board,
established pursuant to section 202(c) of the National
Housing Act) to make the determination; shall provide for the
imposition of a penalty only after the lending institution
has been given an opportunity for a hearing on the record;
and may provide for review by the Secretary of a
determination or order, or interlocutory ruling, arising from
a hearing.
``(B) Final orders.--If no hearing is requested within 15
days of receipt of the notice of opportunity for hearing, the
imposition of the penalty shall constitute a final and
unappealable determination. If the Secretary reviews the
determination or order, the Secretary may affirm, modify, or
reverse that determination or order. If the Secretary does
not review the determination or order within 90 days of the
issuance of the determination or order, the determination or
order shall be final.
``(C) Factors in determining amount of penalty.--In
determining the amount of a penalty under this subsection,
consideration shall be given to such factors as the gravity
of the offense, any history of prior offenses, ability to pay
the penalty, deterrence of future violations, and such other
factors as the Secretary may determine to be appropriate.
``(D) Reviewability of imposition of penalty.--The
Secretary's determination or order imposing a penalty under
this subsection shall not be subject to review, except as
provided in this subsection.
``(6) Judicial review of agency determination.--
``(A) In general.--After exhausting all administrative
remedies established by the Secretary under this subsection,
a lending institution against whom the Secretary has imposed
a civil money penalty under this subsection may obtain a
review of the penalty as may be addressed in the notice of
determination to impose a penalty in the appropriate court of
appeals of the United States, by filing in such court, within
20 days after the entry of such order or determination, a
written petition praying that the Secretary's determination
or order be modified or set aside in whole or in part.
``(B) Objections not raised in hearing.--The court shall
not consider any objection that was not raised in the hearing
conducted pursuant to this subsection unless a demonstration
is made of extraordinary circumstances causing the failure to
raise the objection. If any party demonstrates to the
satisfaction of the court that additional evi-
[[Page 1332]]
dence not presented at the hearing is material and that there
were reasonable grounds for the failure to present such
evidence at the hearing, the court shall remand the matter to
the Secretary for consideration of the additional evidence.
``(C) Scope of review.--The decisions, findings, and
determinations of the Secretary shall be reviewed pursuant to
section 706 of title 5, United States Code.
``(D) Order to pay penalty.--Notwithstanding any other
provision of law, in any such review, the court shall have
the power to order payment of the penalty imposed by the
Secretary.
``(7) Action to collect penalty.--If a lending institution
fails to comply with the Secretary's determination or order
imposing a civil money penalty under this subsection, after
the determination or order is no longer subject to review as
provided by this subsection, the Secretary may bring an
action in an appropriate United States district court to
obtain a monetary judgment against the lending institution.
In such an action, the validity and appropriateness of the
Secretary's determination or order imposing the penalty shall
not be subject to review. The monetary judgment may, in the
court's discretion, include the attorneys fees and other
expenses incurred by the United States in connection with the
action.
``(8) Settlement by secretary.--The Secretary may
compromise, modify, or remit any civil money penalty which
may be imposed under this subsection.
``(9) Regulations.--The Secretary shall issue such
regulations as the Secretary deems appropriate to implement
this subsection.
``(10) Deposit of penalties in treasury.--All civil money
penalties collected under this subsection shall be deposited
in the Miscellaneous Receipts Account of the Treasury.''.
SEC. 715. REMOVAL OF REGULATORY BARRIERS TO AFFORDABLE
HOUSING.
(a) Purposes.--Section 1202 of the Housing and Community
Development Act of 1992 (42 U.S.C. 12705a) is amended--
(1) in paragraph (1), by striking ``State and local
governments to further identify and remove'' and inserting
``the further identification and removal of''; and
(2) by striking paragraph (2) and inserting the following
new paragraph:
``(2) to encourage the establishment of partnerships
between local governments and builders and developers of
affordable housing to facilitate development of innovative
land use and building practices to overcome regulatory
barriers.''.
(b) Grants.--Section 1204 of the Housing and Community
Development Act of 1992 (42 U.S.C. 12705c) is amended--
(1) by striking subsection (a) and inserting the following
new subsection:
``(a) In General.--The amounts available for use under this
Act may be used for grants under subsections (b) and (c), for
evaluation of grantees, and for contracts with intermediaries
for the administration of such grants.'';
(2) in subsection (b)--
(A) in the heading for the subsection, by striking
``Grants'' and inserting ``and Regional Strategies for
Barrier Removal'';
(B) in matter preceding paragraph (1), by inserting after
``States'' the following: ``, consortia of units of general
local government, associations of units of general local
government, and metropolitan or regional governments'';
(C) in paragraph (3), by striking ``a State program to
reduce State and local'' and inserting ``State or regional
programs to reduce'';
(D) in paragraph (4), by inserting ``or local'' after
``State'';
(E) in paragraph (5), by striking ``State''; and
(F) by striking paragraph (6) and inserting the following
new paragraph:
``(6) developing proposed legislation or administrative
policies for enactment by the State or local government
addressing expanded housing opportunity and barrier removal,
including implementation of active programs encouraging
housing opportunities for low- and moderate-income families
through activities such as comprehensive planning
requirements, metropolitan fair-share requirements for
affordable housing, inclusionary zoning legislation,
establishment of new land development standards, and review
of zoning standards and plans.'';
(3) by striking subsection (c) and inserting the following
new subsection:
``(c) Barrier Removal Demonstration.--The Secretary may
make grants to units of general local government to encourage
the establishment of partnerships between local governments
and builders and developers under which the local government
commits to modify existing land use and building practices
and the builder or developer agrees to use innovative land
planning and development approaches to build affordable
housing in ways which would overcome regulatory barriers.
Assistance under this subsection may be used to assist the
builder or developer obtain additional architectural,
engineering, and land planning services to build affordable
housing and to provide assistance to the locality in
providing specialized review and in meeting technical
responsibilities resulting from the removal of the regulatory
barriers. During and after completion of these demonstration
projects, the Secretary may evaluate the cost impact of the
modified regulations and the long-term impact of the project
on regulatory reform.'';
(4) by striking subsections (d) through (g) and inserting
the following new subsection:
``(d) Application and Selection.--
``(1) Application.--The Secretary shall provide for the
form and manner of applications for grants under this
section, which in the case of grants under subsection (c),
shall include resolutions and other evidence by the
applicable regulating bodies evidencing commitments--
``(A) to waive or modify existing applicable zoning,
building code, site planning, and other related development
requirements;
``(B) to approve the project based upon an individual
review of the technical data, site plans, and architectural
submissions of the project, utilizing the most recent
research and practices of building engineering and land
development; and
``(C) to accelerate development review and processing.
``(2) Criteria for approval.--The Secretary shall establish
criteria for approval of applications under this subsection
and for the competitive selection of grantees under this
section.'';
(5) in subsection (h), by striking ``State and unit of
general local government receiving'' and inserting
``recipient of''; and
(6) by redesignating subsections (h) and (i) as subsections
(e) and (f), respectively.
(c) Reports.--Section 1207 of the Housing and Community
Development Act of 1992 (42 U.S.C. 12705a note) is amended by
striking ``this Act'' and inserting ``the Housing and
Community Development Act of 1994''.
(d) CDBG Special Purpose Grants.--Section 107(b) of the
Housing and Community Development Act of 1974 (42 U.S.C.
5307(b)) is amended by inserting at the end the following new
paragraph:
``(9) to eligible grantees, and for other purposes, under
the Removal for Regulatory Barriers to Affordable Housing Act
of 1992.''.
SEC. 716. NEW TOWNS DEMONSTRATION PROGRAM FOR EMERGENCY
RELIEF OF LOS ANGELES.
(a) Insurance Authority.--The first sentence of section
1104(d) of the Housing and Community Development Act of 1992
(42 U.S.C. 5318 note) is amended to read as follows: ``To the
extent provided in appropriation Acts, the Secretary shall
use any authority provided pursuant to section 531(b) of the
National Housing Act to enter into commitments to insure
loans and mortgages under this section in fiscal years 1995
and 1996 with an aggregate principal amount not exceeding
such sums as may be necessary to carry out the demonstration
under this title.''.
(b) Second Mortgage Assistance.--Section 1105(e) of the
Housing and Community Development Act of 1992 (42 U.S.C. 5318
note) is amended to read as follows:
``(e) Authorization of Appropriations.--There are
authorized to be appropriated for fiscal years 1995 and 1996
such sums as may be necessary for providing assistance under
this section.''.
(c) Community Development Assistance.--Section 1106(h) of
the Housing and Community Development Act of 1992 (42 U.S.C.
5318 note) is amended to read as follows:
``(h) Authorization of Appropriations.--There are
authorized to be appropriated for fiscal years 1995 and 1996
such sums as may be necessary for assistance under this
section.''.
SEC. 717. AUTHORIZATION OF APPROPRIATIONS FOR PUBLIC SERVICES
FACILITY.
(a) Authorization of Appropriations.--There are authorized
to be appropriated for fiscal year 1995 such sums as may be
necessary for a grant by the Secretary of Housing and Urban
Development to the City of Springfield, Massachusetts (in
this section referred to as the ``City''), for the
redevelopment of a facility formerly used as a United States
Post Office for use as a consolidated facility for city
public services in accordance with the plans, budgets, and
timetables for such facility developed by the City.
(b) City Contribution.--Notwithstanding any other provision
of this section, the Secretary may not make any amount
provided pursuant to this section available to the City
unless the City contributes for redevelopment of the facility
referred to in subsection (a) an amount constituting not less
than 25 percent of the total cost of the redevelopment
project.
(c) Availability of Amounts.--Of any amounts appropriated
pursuant to this section, the Secretary shall provide
$2,500,000 to the City in fiscal year 1995 and the remainder
shall remain available until the end of fiscal 1996 and shall
be provided to the City in such year.
(d) Reports.--The Secretary may require the City to submit
such reports and other information as the Secretary considers
necessary to ensure that the amounts provided under this
section are used in accordance with this section and that
amounts are provided by the City in accordance with
subsection (b).
SEC. 718. NATIONAL AMERICAN INDIAN HOUSING COUNCIL.
There is authorized to be appropriated for assistance for
the National American Indian Housing Council $1,000,000 for
fiscal year 1995 and $1,000,000 for fiscal year 1996, for
providing training and technical assistance to Indian Housing
Authorities.
SEC. 719. HOUSING ASSISTANCE COUNCIL.
There is authorized to be appropriated for assistance for
the Housing Assistance Council $5,000,000 for fiscal year
1995 and $5,000,000 for fiscal year 1996, for providing
training, technical assistance, and financial assist-
[[Page 1333]]
ance to develop affordable housing in rural areas.
SEC. 720. DEMONSTRATION PROGRAM FOR OUTREACH TO AVOID
DISCONNECTION OF UTILITIES.
(a) Action of Secretary.--The Secretary of Housing and
Urban Development shall provide technical advice and
assistance to Maryland Energy Advocates to establish and
carry out a program under (b).
(b) Outreach Program.--The program under this subsection
shall be a program, carried out by Maryland Energy Advocates,
to--
(1) identify low-income families living in Baltimore,
Maryland, and the surrounding areas, including low-income
families residing in housing for which assistance is provided
by the Federal Government, whose electricity or other utility
services have been disconnected because of failure to pay
amounts owed;
(2) provide counseling and advice to such families
regarding utility payments, family budgeting, sources and
programs of assistance for utility payments, and such other
matters as may be necessary to avoid the disconnection of
utility service in the future; and
(3) determine the most effective manners of identifying
low-income families in need of advice or assistance to avoid
disconnection of utility services and the most effective
actions to help low-income families avoid such disconnection.
(c) Report.--After consultation with Maryland Energy
Advocates regarding the implementation and results of the
program under subsection (b), but not later than the
expiration of the 18-month period beginning on the date of
the enactment of this Act, the Secretary of Housing and Urban
Development shall submit a report to the Congress that--
(1) describes the program and the activities carried out
under the program;
(2) describes the extent to which the utility services of
low-income families are disconnected; and
(3) identifies the most effective manners of identifying
low-income families in need of advice or assistance to avoid
disconnection of utility services and the most effective
actions to help low-income families avoid such disconnection,
including any such actions appropriate for the Federal
Government.
SEC. 721. FEDERAL DEPOSIT INSURANCE CORPORATION AFFORDABLE
HOUSING PROGRAM.
(a) Reauthorization.--Section 40(b) of the Federal Deposit
Insurance Act (12 U.S.C. 1831q(b)) is amended--
(1) in paragraph (1), by striking ``during'' and all that
follows through ``paragraph (2)(A)'' and inserting ``until
the end of fiscal year 1997'';
(2) in paragraph (2)(A), in the matter preceding clause
(i), by striking ``3-year''; and
(3) in paragraph (2)(C), by striking ``3-year''.
(b) Facilitation of Program.--Section 40 of the Federal
Deposit Insurance Act is amended by adding at the end the
following new subsection:
``(r) Facilitation of Program.--Notwithstanding any
provision of this section or any other provision of law, the
Corporation shall be considered to be in compliance with this
section if (in the sole discretion of the Corporation) the
Corporation at any time modifies, amends, or waives any
provisions of this section to maximize the efficient use of
amounts appropriated to carry out this section. The
Corporation shall not be subject to suit for any failure to
comply with the requirements of this section.''.
SEC. 722. STATE AGENCIES AS SURETIES.
Section 9304 of title 31, United States Code, is amended by
adding at the end the following new subsection:
``(c) State Agencies.--A State agency, including any
financing authority established by any State, which meets the
requirements of paragraphs (2) and (3) of subsection (a) may
be treated as a surety corporation for purposes of this
chapter. Notwithstanding any other provision of law, user
fees collected by the Financial Management Services incident
to sections 9304 through 9309 of this title shall be credited
to the appropriation of that agency and may be retained
without fiscal year limitation to carry out the provisions of
such sections.''.
SEC. 723. INSURED COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION
ACCESS TO FEDERAL HOME LOAN BANK ADVANCES.
(a) In General.--Section 10 of the Federal Home Loan Bank
Act (12 U.S.C. 1430) is amended by adding at the end the
following new subsection:
``(k) Community Development Financial Institution Access to
Advances.--Any insured community development financial
institution (as defined in section 3(e) of the Community
Development Banking and Financial Institutions Act of 1993)
which meets the requirements of subparagraphs (A) and (B) of
section 4(a)(1) may obtain advances from the appropriate
Federal home loan bank in accordance with this section in the
same manner and to the same extent as members of such bank
without regard to any stock purchase requirement imposed on
members under this Act.''.
(b) Increase in Lending Cap.--
(1) In general.--Paragraph (2) of the 1st subsection (e) of
section 10 of the Federal Home Loan Bank Act (12 U.S.C.
1430(e)(2)) is amended by striking ``30 percent'' and
inserting ``40 percent''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply after October 1, 1995.
SEC. 724. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.
(a) In General.--It is the sense of the Congress that, to
the greatest extent practicable, all equipment and products
purchased with amounts made available under this Act should
be American-made.
(b) Notice Requirement.--In providing financial assistance
to, or entering into any contract with, any entity using
amounts made available under this Act, the head of each
Federal agency shall, to the greatest extent practicable,
provide to such entity a notice describing the statement of
the sense of the Congress under subsection (a).
TITLE VIII--HOUSING PROGRAMS UNDER STEWART B. MCKINNEY HOMELESS
ASSISTANCE ACT
SEC. 801. SHORT TITLE.
This title may be cited as the ``Stewart B. McKinney
Homeless Housing Assistance Amendments Act of 1994''.
Subtitle A--Housing Assistance
CHAPTER 1--REORGANIZATION OF CERTAIN MCKINNEY ACT HOUSING PROVISIONS
SEC. 811. FLEXIBLE GRANT PROGRAM.
Title IV of the Stewart B. McKinney Homeless Assistance Act
(42 U.S.C. 11361 et seq.) is amended--
(1) by striking subtitles A, B, C, D, and F;
(2) by striking the headings for subtitles E and G;
(3) by redesignating sections 441 (as amended by the
preceding provisions of this Act), 491, and 592 (as added by
section 1414 of the Housing and Community Development Act of
1992) as sections 451, 453, and 454, respectively;
(4) by striking sections 442 and 443; and
(5) by inserting after the heading for the title the
following:
``Subtitle A--Flexible Grant Program
``CHAPTER 1--GENERAL PROVISIONS
``SEC. 401. PURPOSES.
``The purposes of this subtitle are to--
``(1) expand and reorganize the Federal commitment to
alleviate homelessness by providing States, Indian tribes,
and localities with the resources to more efficiently and
effectively design a comprehensive system to address the
shelter, service, and permanent housing needs of homeless
individuals and families in the United States;
``(2) help very low-income families avoid becoming
homeless;
``(3) meet the emergency shelter needs of homeless persons
and families;
``(4) provide transitional or specialized permanent housing
to facilitate the movement of homeless persons and families
to independent living;
``(5) provide supportive services to help homeless persons
and families lead independent and dignified lives;
``(6) encourage the cooperation and participation of the
States and units of general local government, together with
private nonprofit organizations, in planning and implementing
comprehensive homeless assistance programs;
``(7) reduce the costs to States, units of general local
government, and private nonprofit organizations in applying
for and using Federal housing assistance for families and
persons who are homeless; and
``(8) begin meeting the needs of most of the Nation's
homeless population through the existing Federal programs
providing basic assistance for low-income families and
persons.
``SEC. 402. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated--
``(1) $735,000,000 for fiscal year 1995 for grants in
accordance with section 812(b) of the Housing and Community
Development Act of 1994; and
``(2) $925,000,000 for fiscal year 1996 for grants under
this subtitle.
Any amounts appropriated pursuant to this section shall
remain available until expended.
``SEC. 403. DEFINITIONS.
``For purposes of this subtitle, the following definitions
shall apply:
``(1) The term `allocation unit of general local
government' means a metropolitan city and an urban county.
``(2) The term `applicant' means an eligible grantee that
submits an application under section 408 for a grant under
this subtitle.
``(3) The term `disability' means--
``(A) a disability as defined in section 223 of the Social
Security Act;
``(B) to be determined to have, pursuant to regulations
issued by the Secretary, a physical, mental, or emotional
impairment which (i) is expected to be a long-continued and
indefinite duration, (ii) substantially impedes an
individual's ability to live independently, and (iii) of such
a nature that such ability could be improved by more suitable
housing conditions;
``(C) a developmental disability as defined in section 102
of the Developmental Disabilities Assistance and Bill of
Rights Act; or
``(D) the disease of acquired immunodeficiency syndrome or
any conditions arising from the etiologic agency for acquired
immunodeficiency syndrome.
Subparagraph (D) shall not be construed to limit eligibility
under subparagraphs (A) through (C) or the provisions
referred to in subparagraphs (A) through (C).
``(4) The term `eligible grantee' means--
``(A) an allocation unit of general local government,
Indian Tribe, or insular area, or
[[Page 1334]]
a consortium of such entities, that elects to administer a
grant under section 410(a)(1);
``(B) a public agency or a private nonprofit organization
(or a consortium of such organizations) designated by the
Secretary under section 410(a)(3) to administer grant amounts
for an allocation unit of general local government, Indian
tribe, or insular area;
``(C) an entity eligible to receive grant amounts from the
Secretary under section 410(a)(4);
``(D) a State that elects under section 410(b)(1)(A) to
administer a grant;
``(E) a unit of general local government selected under
section 410(b)(5) to receive grant amounts from the
Secretary; and
``(F) a private nonprofit organization selected under
section 410(b)(4) to receive grant amounts from the
Secretary.
``(5) The term `families' has the same meaning given the
term under section 3(b) of the United States Housing Act of
1937.
``(6) The term `grantee' means--
``(A) an allocation unit of general local government,
Indian tribe, or insular area, or a consortium of such
entities, that receives a grant under this subtitle and
administers the grant under section 410(a)(1);
``(B) an allocation unit of general local government,
Indian tribe, or insular area that receives a grant under
this subtitle and designates a public agency or private
nonprofit organization (or a consortium of such
organizations) to administer grant amounts for the
jurisdiction under section 410(a)(2);
``(C) a public agency or a private nonprofit organization
(or a consortium or such organizations) designated by the
Secretary under section 410(a)(3) to administer grant amounts
for an allocation unit of general local government, Indian
tribe, or insular area, and that receives grant amounts under
this subtitle;
``(D) an entity that receives grant amounts from the
Secretary under section 410(a)(4);
``(E) a State that receives grant amounts under this
subtitle and administers such amounts under section
410(b)(1)(A);
``(F) a unit of general local government that receives
grant amounts from the Secretary under section 410(b)(5); and
``(G) a private nonprofit organization that receives grant
amounts from the Secretary under section 410(b)(4).
``(7) The term `homeless family' means a group of one or
more related individuals who are homeless individuals.
``(8) The term `Indian tribe' means any Indian tribe, band,
group, and nation, including Alaska Indians, Aleuts, and
Eskimos, and any Alaskan Native Village, of the United
States, which is considered an eligible recipient under the
Indian Self-Determination and Education Assistance Act or was
considered an eligible recipient under chapter 67 of title
31, United States Code, before the repeal of such chapter.
``(9) The term `insular area' means the Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
``(10) The term `low-demand services and referrals' means
the provision of health care, mental health, substance abuse,
and other supportive services and referrals for services in a
noncoercive manner, which may include medication management,
education, counseling, job training, and assistance in
obtaining entitlement benefits and in obtaining other
supportive service including mental health treatment and
substance abuse treatment.
``(11) The term `metropolitan city' has the meaning given
the term in section 102(a) of the Housing and Community
Development Act of 1974.
``(12) The term `operating costs' means expenses of
operating any housing assisted under this subtitle with
respect to--
``(A) the administration, maintenance, repair, and security
of such housing;
``(B) utilities, fuels, furnishings, and equipment for such
housing; and
``(C) the conducting of the assessments of and the
provision of supportive services to the residents of such
housing.
``(13) The term `outpatient health services' means
outpatient health care, outpatient mental health services,
outpatient substance abuse services, case management services
and child immunization.
``(14) The term `private nonprofit organization' means an
organization--
``(A) no part of the net earnings of which inures to the
benefit of any member, founder, contributor, or individual;
``(B) that has a voluntary board;
``(C) that has an accounting system or has designated a
fiscal agent in accordance with requirements established by
the Secretary; and
``(D) that practices nondiscrimination in the provision of
assistance.
``(15) The term `project' means a structure or a portion of
a structure that is acquired or rehabilitated with assistance
provided under this subtitle or with respect to which the
Secretary provides technical assistance or annual payments
for operation costs.
``(16) The term `project sponsor' means an entity that--
``(A) provides housing or assistance for homeless
individuals or families by carrying out eligible activities
under chapter 2 that are assisted under this subtitle; and
``(B) meets such minimum standards as the Secretary
considers appropriate.
``(17) The term `recipient' means a grantee (other than a
State distributing grant amounts to State recipients) and a
State recipient.
``(18) The term `Secretary' means the Secretary of Housing
and Urban Development.
``(19) The term `State' means a State of the United States
and the Commonwealth of Puerto Rico, or any agency or
instrumentality thereof that is established pursuant to
legislation and designated by the chief executive to act on
behalf of the jurisdiction with regard to provisions of this
subtitle.
``(20) The term `State recipient' means--
``(A) a unit of general local government within a State
(other than an allocation unit of general local government)
that receives grant amounts from the State under section
410(b)(3); and
``(B) a private nonprofit organization that receives grant
amounts from a State under section 410(b)(4).
``(21)(A) The term `supportive services' means assistance
that--
``(i) addresses the special needs of homeless person, such
as deinstitutionalized persons, families with children,
persons with mental disabilities, other persons with
disabilities, the elderly, and veterans intended to be served
by a project; and
``(ii) assists in accomplishing the purposes of the
different types of housing for the homeless eligible for
assistance under this subtitle.
``(B) Such term includes--
``(i) food services, child care, substance abuse treatment,
assistance in obtaining permanent housing, outpatient health
services, employment counseling, nutritional counseling,
security arrangements for the protection of residents of
facilities to assist the homeless, and such other services
essential for maintaining or moving toward independent living
as the Secretary determines to be appropriate; and
``(ii) assistance to homeless persons in obtaining other
Federal, State, and local assistance available for such
individuals, including public assistance benefits, mental
health benefits, employment counseling, and medical
assistance.
``(C) Such term does not include the provision of major
medical equipment.
``(D) All or part of the supportive services may be
provided directly by the project sponsor or by arrangements
with other public or private service providers.
``(22) The term `unit of general local government' means--
``(A) a city, town, township, county, parish, village, or
other general purpose political subdivision of a State;
``(B) the District of Columbia; and
``(C) any agency or instrumentality thereof that is
established pursuant to legislation and designated by the
chief executive to act on behalf of the jurisdiction with
regard to provisions of this subtitle.
The term includes a consortium of geographically contiguous
units of general local government if the Secretary determines
that the consortium--
``(i) has sufficient authority and administrative
capability to carry out the purposes of this subtitle on
behalf of its member jurisdictions; and
``(ii) will, according to a written certification by the
State (or State, if the consortium includes jurisdictions in
more than one State), direct its activities to alleviation of
problems of homeless individuals or families within the State
or States.
``(23) The term `urban county' has the meaning given the
term in section 102(a) of the Housing and Community
Development Act of 1974.
``(24) The term `very low-income families' has the same
meaning given the term under section 104 of the Cranston-
Gonzalez National Affordable Housing Act.
``SEC. 404. PROVISION OF GRANTS.
``(a) Authority and Use.--The Secretary may make grants to
eligible grantees in accordance with the provisions of this
subtitle. Grants under this subtitle may be used only--
``(1) to carry out activities under chapter 2 for assisting
homeless individuals and families that are conducted to
provide comprehensive homeless assistance required under
section 405; and
``(2) for administrative expenses, to the extent provided
in section 436.
``(b) General Rule for Award of Grants.--Except as provided
in subsection (c), the Secretary shall make grants using
amounts appropriated under section 402 in the manner provided
in this subtitle.
``(c) Insufficient Appropriations.--
``(1) Trigger.--If the amounts appropriated pursuant to
section 402 for any fiscal year are less than 50 percent of
the amount authorized to be appropriated under such section
for the year, the Secretary shall use such amounts to make
grants under the provisions of this title as in effect
immediately before the enactment of the Housing and Community
Development Act of 1994.
``(2) Grant requirements.--The Secretary shall establish
requirements for grants made under this subsection, as the
Secretary considers appropriate, that are additional or
alternative to the requirements under the provisions of this
title as in effect immediately before the enactment of the
Housing and Community Development Act of 1994.
``(3) Grant criteria.--The criteria for awarding grants
under this subsection shall include--
``(A) the extent to which there is a need for assistance
for homeless individuals and families in the jurisdiction in
which the grant will be used;
``(B) the extent to which the activities proposed to be
carried out with grant amounts will further the provision of
comprehensive homeless assistance required under section
405(b)(1);
``(C) the extent to which private nonprofit organizations
providing assistance to home-
[[Page 1335]]
less individuals and families in the jurisdiction have been,
and will be, included in planning for the receipt of
assistance under this subtitle, the development of the
application under section 408, and the execution of the
proposed activities; and
``(D) such other criteria as the Secretary considers
appropriate to further the purposes of this subsection and
this subtitle.
``(4) Set aside for indian tribes and insular areas.--In
making grants under this subsection, the Secretary may to set
aside such amounts as the Secretary considers appropriate for
grants for Indian tribes and insular areas.
``SEC. 405. COMPREHENSIVE HOMELESS ASSISTANCE.
``(a) Establishment and Maintenance.--Each applicant shall,
based on information provided in the current comprehensive
affordable housing strategy for the appropriate jurisdiction
under section 105 of the Cranston-Gonzalez National
Affordable Housing Act or such other plan as the Secretary
may prescribe, use assistance provided under this subtitle in
a manner that ensures that comprehensive homeless assistance
is established and maintained within the jurisdiction of the
applicant.
``(b) Requirements.--For purposes of this subtitle,
comprehensive homeless assistance required under this section
shall include--
``(1) providing a system of outreach and assessment for--
``(A) determining whether an individual or family is
homeless, needs assistance to avoid being homeless, or needs
other assistance; and
``(B) ensuring that individuals and families so identified
receive appropriate housing and supportive services;
``(2) providing assistance to the extent necessary to avoid
eviction (or foreclosure) and termination of utility services
of low- and very low-income families to prevent such families
from becoming homeless;
``(3) making emergency shelters with appropriate supportive
services available to the extent necessary to ensure that
homeless individuals and families for which such housing is
appropriate receive adequate shelter, including during any
period in which an assessment referred to in paragraph (1) is
performed for such an individual or family;
``(4) making transitional housing with appropriate
supportive services available to the extent necessary to
ensure that homeless individuals and families for which such
housing is appropriate are prepared for increased
responsibility and permanent housing, or permanent supportive
housing, after the transition period;
``(5) making permanent supportive housing, available to the
extent necessary to meet the long-term housing needs of all
homeless individuals and families;
``(6) providing assistance to meet specific needs of
various subpopulations of the homeless, especially the unique
needs of homeless veterans; and
``(7) providing for coordination of assistance provided
under this subtitle and assistance provided under other
Federal, State, and local programs that may be used to assist
homeless individuals and families, including--
``(A) assistance under the programs for public and Indian
housing and section 8 rental assistance under the United
States Housing Act of 1937 (including the program for section
8 assistance for moderate rehabilitation under section 451 of
this Act and the shelter plus care program for such
assistance under section 452 of this Act), the HOME
Investment Partnerships Act, the community development block
grant program under title I of the Housing and Community
Development Act of 1974, the program for supportive housing
for the elderly under section 202 of the Housing Act of 1959,
the program for supportive housing for persons with
disabilities under section 811 of the Cranston-Gonzalez
National Affordable Housing Act, and the program for housing
opportunities for persons with AIDS under subtitle D of title
VIII of the Cranston-Gonzalez National Affordable Housing
Act;
``(B) programs administered by the Director of the Federal
Emergency Management Agency;
``(C) programs administered by the Secretary of Labor,
including programs for employment and training;
``(D) programs administered by the Secretary of Health and
Human Services, including programs for health care, mental
health care, social services, income support services,
runaway youth, and unfit transient facilities;
``(E) programs administered by the Secretary of Veterans
Affairs (including programs for compensation benefits, health
care, and mental health care, and other services and
programs) that are specifically designed to assist homeless
veterans;
``(F) programs administered by the Secretary of Education,
including programs for adult education and education for
homeless children and youth;
``(G) programs administered by the Corporation for National
and Community Service, including programs for national
service; and
``(H) such other assistance as the Secretary shall
prescribe upon consultation with the Interagency Council on
the Homeless.
``SEC. 406. MATCHING REQUIREMENTS.
``(a) In General.--Except as provided in subsection (c),
each recipient shall supplement the amount of grants provided
under this subtitle to the recipient with an equal amount of
funds from non-Federal sources, which shall include funds
from project sponsors receiving assistance from the
recipient.
``(b) Supplemental Funds.--Supplemental funds may include
(1) the value of any donated material or building, the value
of any lease on a building, (2) any salary paid to staff to
carry out the program of a project sponsor, (3) the value of
the time and services contributed by volunteers to carry out
the program of project sponsor at a rate determined by the
Secretary, and (4) the proceeds from bond financing validly
issued by a State or unit of general local government,
agency, or instrumentality thereof, and repayable with
revenues derived from a project assisted under this subtitle,
except that not more than 25 percent of the contribution
required may be derived from the proceeds of such bond
financings. Any State or local government funds used
independently from the program under this title, or
designated for such use, to assist the homeless by carrying
out activities that would be eligible for assistance under
this subtitle shall be considered supplemental funds under
this section.
``(c) States.--
``(1) Required supplementation.--Except as provided in
paragraph (3), in the case of a State administering grant
amounts under section 410(b)(1)(A), in each fiscal year, the
State shall supplement the amount of grants provided under
this subtitle with an amount of funds from sources other than
this subtitle equal to the difference between the amount
received under this subtitle and $100,000.
``(2) Benefit of match.--Each grantee that is a State shall
obtain any supplemental amounts required under paragraph (1)
from State recipients receiving amounts under the grant in a
manner so that the benefit of the $100,000 subtrahend under
paragraph (1) is appropriately divided among State recipients
for which providing such supplemental amounts would--
``(A) create a significant hardship for the recipient; or
``(B) interfere with the overall purpose of the homeless
assistance program of the recipient.
``(3) Exception.--If, in any fiscal year, a State receives
$100,000 or less in grant amounts under this subtitle,
paragraph (1) shall not apply to the State for the fiscal
year.
``(d) Prohibition of Substitution of Funds.--Assistance
provided under this subtitle may not be used to replace other
public funds previously used, or designated for use, to
assist persons who are homeless.
``(e) Certification.--Each recipient shall certify, to the
satisfaction of the Secretary, its compliance with the
provisions of this section, which shall describe the sources
and amounts of supplemental funds provided pursuant to this
section.
``SEC. 407. RESPONSIBILITIES OF RECIPIENTS AND PROJECT
SPONSORS.
``(a) Use of Assistance Through Private Nonprofit
Organizations.--Each recipient shall make available more than
50 percent of the grant amounts it receives for any fiscal
year to project sponsors that are private nonprofit
organizations to carry out eligible activities under chapter
2, except that the Secretary may waive the applicability of
this requirement if the recipient demonstrates to the
Secretary that the requirement interferes with the ability of
the recipient to provide assistance under this subtitle
because of a paucity of qualified private nonprofit
organizations in the jurisdiction of the recipient.
``(b) Housing Quality.--Each recipient shall ensure that
housing assisted with grant amounts provided under this
subtitle is decent, safe, and sanitary and, when appropriate,
complies with all applicable State and local housing codes,
building codes, and licensing requirements in the
jurisdiction in which the housing is located.
``(c) Prevention of Undue Benefit.--The Secretary may
prescribe such terms and conditions as the Secretary
considers necessary to prevent project sponsors from unduly
benefiting from the sale or other disposition of projects
other than a sale or other disposition resulting in the use
of the project for the direct benefit of very low-income
families.
``(d) Confidentiality.--Each recipient shall develop and
implement procedures to ensure the confidentiality of records
pertaining to any individual provided family violence
prevention or treatment services under any project and to
ensure that the address or location or any family violence
shelter project assisted with grant amounts under this
subtitle will, except with written authorization of the
person or person responsible for the operation of such
shelter, not be made public.
``(e) Employment of Homeless Individuals.--To the maximum
extent practicable, the Secretary shall ensure that
recipients involve, through employment, volunteer services,
or otherwise, homeless individuals and families in
constructing, renovating, maintaining, and operating
facilities assisted with grant amounts under this subtitle,
in providing services so assisted, and in providing services
for occupants of facilities so assisted.
``(f) Participation of Homeless Individuals.--The Secretary
shall, by regulation, provide that each recipient shall
require each project sponsor receiving assistance under this
subtitle from the recipient to provide for the participation
of not less than one homeless individual or formerly homeless
individual on the board of directors or
[[Page 1336]]
other equivalent policy making entity of the project sponsor,
to the extent that such entity considers and makes policies
and decision regarding any project, facility, services, or
other activities assisted with grant amounts under this
subtitle. A recipient may grant waivers to project sponsors
unable to meet the requirement under the preceding sentence
if the project sponsor agrees to otherwise consult with
homeless or formerly homeless individuals in considering and
making such policies and decisions.
``SEC. 408. APPLICATION.
``(a) Requirement.--Except as otherwise provided in section
404(c), the Secretary may make a grant under this subtitle
only to an eligible grantee that submits an application under
this section that is approved by the Secretary.
``(b) Form and Procedure.--Applications shall be submitted
in such form and in accordance with such procedures as the
Secretary shall, by regulation, establish.
``(c) Content.--An application under this section shall--
``(1) include a detailed description, based on information
provided in the current comprehensive housing affordability
strategy under section 105 of the Cranston-Gonzalez National
Affordable Housing Act for the appropriate jurisdiction or
such other plan as the Secretary may prescribe, of--
``(A) the existing population of homeless individuals and
families for the jurisdiction of the applicant; and
``(B) the existing facilities and services designed to
assist such population;
``(2) include a detailed description of the comprehensive
homeless assistance under section 405 to be established and
maintained within the jurisdiction of the applicant;
``(3) provide an assessment of what is required to
establish and maintain the provision of comprehensive
homeless assistance required under section 405 for the
jurisdiction of the applicant;
``(4) set forth a multiyear strategy for establishing and
maintaining the provision of comprehensive homeless
assistance for the jurisdiction, as described pursuant to
paragraph (2), and include timetables, goals, and budget
estimates for accomplishing each element of the strategy;
``(5) set forth a 1-year action plan that identifies all
activities to be carried out with assistance under this
subtitle and demonstrates how such activities will further
the strategy set forth pursuant to paragraph (4);
``(6) except in the case of an application by a State that
elects under section 410(b)(1)(A) to administer grants under
this subtitle, describe the means the applicant will use to
distribute grant amounts to project sponsors and whether such
amounts will be awarded on a competitive or noncompetitive
basis;
``(7) contain certifications or other such forms of proof
of commitments of financial and other resources from each
public agency or private nonprofit organization that has a
role in establishing and maintaining the provision of
comprehensive homeless assistance for the jurisdiction of the
applicant, required under section 405;
``(8) contain assurances satisfactory to the Secretary that
activities carried out under chapter 2 with grant amounts
under this subtitle will comply with the requirements of this
subtitle;
``(9) in the case of an application by a State that elects
to under section 410(b)(1)(A) administer grants under this
subtitle, describe the method of distribution of such amounts
to State recipients;
``(10) except with respect to an application by a State
that elects to under section 410(b)(1)(A) to administer
grants under this subtitle, contain a certification from the
public official responsible for submitting the comprehensive
housing affordability strategy under section 105 of the
Cranston-Gonzalez National Affordable Housing Act for the
State or unit of general local government within which a
project is to be located (or such other plan as the Secretary
may require) that the proposed project is consistent with the
approved housing strategy of such State or unit of general
local government;
``(11) contain a certification that the applicant will
comply with the requirements of the Fair Housing Act, title
VI of the Civil Rights Act of 1964, section 504 of the
Rehabilitation Act of 1973, and the Age Discrimination Act of
1975, and will affirmatively further fair housing; and
``(12) contain a certification that the applicant will
comply with the requirements of this subtitle and other
applicable laws.
``(d) Relationship to CHAS and Consolidated Plan.--In
establishing requirements for applications under this
section, the Secretary shall provide that if an applicant
includes in the application information also required under
the comprehensive housing affordability strategy for the
appropriate jurisdiction under section 105 of the Cranston-
Gonzalez National Affordable Housing Act or such other plan
as the Secretary may require, the requirements under such
subsection regarding such information shall be considered to
be fulfilled by the submission of the application.
``SEC. 409. ALLOCATION AND DISTRIBUTION OF FUNDS.
``(a) Insular Areas.--In each fiscal year, from any amounts
appropriated for such year to carry out this subtitle, the
Secretary shall allocate amounts to insular areas in
accordance with an allocation formula established by the
Secretary.
``(b) States and Allocation Units of General Local
Government.--
``(1) Formula allocation.--
``(A) In general.--For each fiscal year, of the amounts
that remain after amounts are reserved for insular areas
under subsection (a), the Secretary shall allocate assistance
according to this paragraph.
``(B) Formula.--The Secretary shall allocate amounts under
this paragraph using a formula established by the Secretary
that allocates amounts for allocation units of general local
government and States, and for Indian tribes, in a manner
that provides that the percentage of the total amount
referred to in subparagraph (A) for any fiscal year that is
allocated for any State or allocation unit of general local
government, or for Indian tribes, is equal to the percentage
of the total amount available for section 106 of the Housing
and Community Development Act of 1974 for the prior fiscal
year that was allocated for such State or allocation unit of
general local government, or for Indian tribes.
``(C) Minimum amount.--If, in any fiscal year, allocation
under the provisions of subparagraphs (A) and (B) would
result in any allocation unit of general local government
receiving a grant of less than 0.05 percent of the amounts
appropriated to carry out this subtitle for the fiscal year,
such amount shall instead be reallocated to the State for use
under section 410(b).
``(D) 70 percent for units of general local government.--In
each fiscal year, the amount allocated under this paragraph
for each allocation unit of general local government shall be
the amount that results from increasing all of the amounts
determined pursuant to the preceding subparagraphs for
allocation units of general local government on a pro rata
basis so that the sum of such amounts is equal to 70 percent
of the remainder of the amount appropriated for the year to
carry out this subtitle after amounts are allocated for
insular areas under subsection (a).
``(E) 30 percent for states.--In each fiscal year, the
amount allocated under this paragraph for each State shall be
the amount that results from decreasing all of the amounts
determined pursuant to the preceding subparagraphs for States
on a pro rata basis so that the sum of such amounts is equal
to 30 percent of the remainder of the amount appropriated for
the year to carry out this subtitle after amounts are
allocated for insular areas under subsection (a).
``(2) Grant amount for states and allocation units of
general local government.--
``(A) In general.--The amount allocated for a fiscal year
under paragraph (1) for an allocation unit of general local
government or a State shall be the maximum amount that the
allocation unit or State may receive under this subtitle for
the fiscal year.
``(B) Reduction.--In any fiscal year, the Secretary may
provide a grant under this subtitle for a State or for an
allocation unit of general local government in an amount less
than the amount allocated under paragraph (1), if the
Secretary determines based upon review of the application of
the jurisdiction under section 408 or as a result of the
annual performance review and audit under section 413, that
the jurisdiction has failed to comply fully with the
requirements under section 408 or 411 or that such action is
otherwise appropriate.
``(3) Minimum state allocation.--Notwithstanding paragraph
(2), if, in allocating amounts for States under paragraph (1)
for any fiscal year, the amount allocated for the year for a
State is less than $2,000,000, the allocation for the State
shall instead be $2,000,000 and the increase shall be
deducted pro rata from the allocations of other States.
``(c) Reallocations.--Any amounts that a State or an
allocation unit of general local government is eligible to
receive for a fiscal year under subsection (b) that are not
received for use in the jurisdiction, as provided by
subsections (a) and (b) of section 410, or that become
available as a result of actions under section 413(b), shall
be added to amounts available for allocation under this
section for the succeeding fiscal year.
``SEC. 410. ADMINISTRATION OF PROGRAM.
``(a) Grants to Allocation Units of General Local
Government, Indian Tribes, and Insular Areas.--
``(1) In general.--Except as provided in paragraphs (2),
(3), and (4), an allocation unit of general local government,
Indian tribe, or insular area shall administer grant amounts
for any fiscal year received under section 409 by such
grantees.
``(2) Administration by designees of jurisdiction.--
``(A) Authority to elect.--An allocation unit of general
local government, Indian tribe, or insular area may elect for
any fiscal year to designate a public agency or a private
nonprofit organization (or a consortium of such
organizations) to administer grant amounts under section 409
for the jurisdiction.
``(B) Election requirements.--The Secretary shall prescribe
the manner and time for making an election under subparagraph
(A), and shall establish criteria for the approval of
agencies and organizations designated, which shall require
such agencies and organizations to demonstrate experience of
the entity in providing assistance to homeless individuals
and families in the jurisdiction.
``(C) Direct provision of assistance.--The Secretary may,
at the request of the jurisdiction, provide grant amounts
directly to the agency or organization designated under this
paragraph.
[[Page 1337]]
``(3) Administration by designees of secretary.--If an
allocation unit of general local government, Indian tribe, or
insular area, or (if appropriate) a public agency or private
nonprofit organization designated by the jurisdiction under
paragraph (2), does not receive a grant under section 409 for
any fiscal year because of failure to meet the application
requirements of section 408, the Secretary may designate an
agency or organization meeting the criteria established under
paragraph (2)(B) to receive the grant.
``(4) Administration by secretary.--If for any fiscal year
the Secretary determines that the grant amounts allocated
under section 409 for an allocation unit of general local
government, Indian tribe, or insular area will not be used in
the jurisdiction as provided by the preceding provisions of
this subsection, the Secretary may administer such amounts
for the jurisdiction. The Secretary shall prescribe such
procedures and requirements as the Secretary considers
appropriate for administering grant amounts under this
paragraph.
``(b) Grants to States.--
``(1) In general.--To receive an allocation under section
409, each State shall elect--
``(A) to administer grant amounts received under section
409, as provided in paragraphs (2) and (3); or
``(B) to have the Secretary administer such grant amounts
for the State, as provided in paragraph (5).
If a State elects to administer grant amounts under
subparagraph (A), the election shall be irrevocable.
``(2) State program.--A State administering grant amounts
as provided in paragraph (1)(A)--
``(A) shall distribute the amounts remaining after use in
accordance with subparagraph (B) to State recipients for use
under this subtitle;
``(B) may use up to 15 percent of the grant amounts
received under section 409 to carry out its own homeless
assistance program under this subtitle, except that--
``(i) such amounts may only be used for eligible activities
under chapter 2 for which States are eligible recipients
under this subtitle; and
``(ii) the Secretary may increase the percentage limitation
under this subparagraph in the case of any State homeless
assistance program that is limited to providing assistance in
areas of the State that are not allocation units of general
local government; and
``(C) may retain not to exceed 5.0 percent of the amount to
be distributed under subparagraph (A) to State recipients to
defray the cost of carrying out its responsibilities under
this subtitle.
Unless a State demonstrates to the satisfaction of the
Secretary that the needs for assistance for activities under
this subtitle in areas of the State that are not allocation
units of general local government have been fulfilled, grant
amounts received by State may only be used to carry out
activities in areas of the State that do not include
allocation units of general local government.
``(3) Distribution of amounts to state recipients.--
``(A) Choice of administration.--A State administering
grant amounts as provided in paragraph (1)(A) shall, for each
fiscal year, afford each such recipient the options of--
``(i) administering the grant amounts on its own behalf;
``(ii) designating a public agency or a private nonprofit
organization (as provided by subsection (a)(2)) to administer
the grant amounts for the jurisdiction; or
``(iii) entering into an agreement with the State, in
consultation with private nonprofit organizations providing
assistance to homeless individuals and families in the
jurisdiction, under which the State will administer the grant
amounts for the jurisdiction.
A recipient may choose to exercise such options at such time
and in accordance with such criteria as the Secretary may
prescribe.
``(B) Direct provision of assistance.--A State may, at the
request of the State recipient, provide grant amounts
directly to the agency or organization designated under
subparagraph (A)(ii).
``(C) Distribution of amounts.--The State shall distribute
amounts to State recipients (or to agencies or organizations
designated under subparagraph (A)(ii), as appropriate) on the
basis of an application containing such information as the
State may prescribe. Each application shall evidence an
intent to establish and maintain the provision of
comprehensive homeless assistance in the jurisdiction of the
recipient, except that the State may waive this requirement
with respect to one or more proposed activities, where the
State determines that--
``(i) the activities are necessary to meet the needs of
homeless individuals and families within the jurisdiction;
and
``(ii) comprehensive homeless assistance is not necessary,
due to the nature and extent of homelessness in the
jurisdiction.
``(D) Preference for certain state recipients.--In
selecting State recipients and making awards under
subparagraph (C), the State shall give preference to
applications that demonstrate higher relative levels of
homeless need and fiscal distress.
``(4) State or hud administration of grants for individual
state recipients.--If in any fiscal year a State distributes
grant amounts to a State recipient, but the recipient fails
to receive the amounts pursuant to paragraph (3)(A), the
Secretary or the State, as the Secretary may provide, may
distribute the amounts to private nonprofit organizations in
the jurisdiction. If the Secretary distributes the amounts,
the Secretary shall deduct the amounts distributed from the
grant provided to the State for the fiscal year.
``(5) HUD administration of state program.--If a State
elects pursuant to paragraph (1)(B) to have the Secretary
administer grant amounts for the State received under section
409, the Secretary may distribute grant amounts to State
recipients for the State, in accordance with requirements and
procedures prescribed by the Secretary. The Secretary shall
establish criteria for selecting recipients and making awards
under this paragraph, which shall include giving preference
to applications that demonstrate higher relative levels of
homeless need and fiscal distress.
``SEC. 411. CITIZEN PARTICIPATION.
``(a) In General.--Each grantee who is not a State
recipient shall ensure that citizens, and appropriate private
nonprofit organizations and other interested groups and
entities, participate fully in developing and carrying out
the program for providing assistance under this subtitle in
the jurisdiction of the recipient. The Secretary shall
prescribe such requirements to carry out this section as the
Secretary deems appropriate, which shall include requirements
applicable to the homeless assistance planning boards
referred to in subsection (b) and the citizen participation
provisions of subsection (c), and the timing of, and sequence
for, carrying out the requirements of such subsections.
``(b) Homeless Assistance Planning Boards.--
``(1) Establishment.--As a condition of a grantee who is
not a State recipient receiving assistance under this
subtitle, the chief executive officer of the appropriate unit
government in the jurisdiction of the grantee shall establish
and provide support for the operation of a homeless
assistance planning board under this subsection.
``(2) Functions.--Each board under this subsection shall
assist the recipient in--
``(A) determining whether grant amounts of the grantee
should be administered by the grantee, a public agency or
private nonprofit organization, or the State or the
Secretary, under subsections (a) and (b) of section 410;
(B) developing the application under section 408;
(C) overseeing the activities carried out with assistance
under this subtitle; and
(D) evaluating the performance of the grantee (and
recipients of the grantee) in carrying out such activities.
``(3) Membership.--Each board under this subsection shall
consist of members appointed by the chief executive officer
referred to in paragraph (1) (subject to recommendations in
accordance with paragraph (4)), and shall include--
``(A) not less than one member representing homeless
individuals and families;
``(B) not less than one member representing homeless
advocates;
``(C) not less than one member representing individuals and
entities providing assistance to homeless individuals and
families, including agencies of units of general local
government providing Federal assistance;
``(D) not less than one member representing the business
community;
``(E) not less than 1 member representing labor;
``(F) not less than one member who is a community
representative;
``(G) not less than one member of the local board
established for the jurisdiction for purposes of allocating
amounts under the emergency food and shelter program of the
Federal Emergency Management Agency;
``(H) not less than one member representing the grantee;
and
``(I) in the case of a grantee that is a State--
``(i) one member representing the State agency or
instrumentality dealing with mental health; and
``(ii) one member representing the State agency or
instrumentality dealing with education.
``(4) Distribution of membership.--Not less than 50 percent
of the members of each board under this subsection (including
the members required under subparagraphs (A), (B), (C), and
(G) of paragraph (3)) shall be members of the board that
represent homeless individuals and families, homeless
advocates, or nongovernmental entities that provide
assistance to homeless individuals and families. They shall
be individuals who were recommended for membership by
individuals and entities other than a unit of general local
government or any agency thereof.
``(5) Board review.--
``(A) Applicants.--No eligible grantee may submit an
application to the Secretary under section 408, and no
grantee may submit to the Secretary a performance report
under subsection 413(a), unless the board under this
subsection for the jurisdiction of the grantee has reviewed,
and been provided an opportunity to include any comments of
the board in, the application or report.
``(B) State recipients.--No State recipient may submit an
application under section 410(b)(3) or a performance report
to a State, unless the board under this subsection for the
jurisdiction has reviewed, and been provided an opportunity
to include any comments of the board in, the application or
report.
``(6) Review by secretary.--A member or members of the
board under this subsection for a jurisdiction or other
members of the community may request the Secretary to review
process for constituting or operating the board to determine
whether the process is fair. If the Secretary finds that the
process is unfair and submits a written justification
[[Page 1338]]
to the board within 15 days of the request for review, the
Secretary may disapprove the application under section 408
for the jurisdiction or refuse to accept a performance report
under section 413(a).
``(7) Conflicts of interest.--The Secretary shall prescribe
standards governing potential conflicts of interest under
which members of boards under this subsection may participate
in activities carried out under this subtitle.
``(c) Involvement of Citizens and Others.--
``(1) In general.--Each recipient shall--
``(A) make available to its citizens, public agencies, and
other interested parties information concerning the amount of
assistance the jurisdiction expects to receive and the range
of activities that may be undertaken with the assistance;
``(B) publish the proposed application in a manner that, in
the determination of the Secretary, affords affected
citizens, public agencies, and other interested parties a
reasonable opportunity to examine its content and to submit
comments on it;
``(C) hold one or more public hearings to obtain the views
of citizens, public agencies, and other interested parties on
the housing needs of the jurisdiction; and
``(D) provide citizens, public agencies, and other
interested parties with reasonable access to records
regarding any uses of any assistance the recipient may have
received under this subtitle during the preceding 5 years.
``(2) Notice and comment.--Before submitting any
performance report under section 413(a) or any substantial
amendment to an application under section 408, a recipient
shall provide citizens with reasonable notice of, and
opportunity to comment on, the performance report or
application.
``(3) Consideration of comments.--A recipient shall
consider any comments or views of citizens in preparing a
final application, amendment to an application, or
performance report for submission. A summary of such comments
or views shall be attached when an application, amendment to
an application, or performance report is submitted. The
submitted application, amendment, or report shall be made
available to the public.
``(4) Authority of secretary.--The Secretary shall
establish procedures appropriate and practicable for
providing a fair hearing and timely resolution of citizen
complaints related to applications or performance reports
under this subtitle.
``(d) Requirements for Citizen Participation for State
Recipients and Recipients of Amounts From the Secretary.--
``(1) State recipients.--The State may prescribe citizen
participation requirements comparable (to the extent
appropriate) to the requirements under the preceding
provisions of this section for cases in which a State
distributes grant amounts to State recipients, as provided in
section 410(b)(2).
``(2) Recipients from secretary.--The Secretary may
prescribe citizen participation requirements comparable (to
the extent appropriate) to the requirements under the
preceding provisions of this section for cases in which the
Secretary--
``(A) administers the grant amounts of an allocation unit
of general local government, as provided in section
410(a)(4); or
``(B) distributes grant amounts to recipients, as provided
in paragraph (3), (4), or (5) of section 410(b).
``(3) Inapplicable laws.--The Federal Advisory Committee
Act and section 12 of the Department of Housing and Urban
Development Act shall not apply with respect to the actions
of the Secretary referred to in paragraph (2). The Secretary
shall establish appropriate standards under this paragraph to
ensure the integrity of the process for awarding assistance.
``SEC. 412. APPLICABILITY OF OTHER PROVISIONS.
``(a) Flood Elevation Requirements.--Flood protection
standards applicable to housing acquired, rehabilitated, or
assisted under this subtitle shall be no more restrictive
than the standards applicable to any other program
administrated by the Secretary.
``(b) Environmental Protection.--The provisions of, and
regulations and procedures applicable under, section 104(g)
of the Housing and Community Development Act of 1974 shall
apply to assistance and projects under this subtitle.
``(c) GAO Audits.--Insofar as they relate to funds provided
under this subtitle, the financial transactions of grantees
and project sponsors may be audited by the General Accounting
Office under such rules and regulations as may be prescribed
by the Comptroller General of the United States. The
representatives of the General Accounting Office shall have
access to all books, accounts, records, reports, files and
other papers, things, or property belonging to, or in use by
such grantees, and project sponsors pertaining to the
financial transactions and necessary to facilitate the audit.
``SEC. 413. REPORTS, REVIEWS, AND AUDITS.
``(a) Grantee Performance Report.--Each grantee shall
submit to the Secretary a performance and evaluation report
concerning the use of funds made available under this
subtitle. The report shall be submitted at such time and
contain such information as the Secretary shall prescribe,
and shall be made available to the relevant boards referred
to in section 411(b) and to citizens, public agencies, and
other interested parties in the jurisdiction of the grantee
in sufficient time to permit the board and the citizens,
public agencies, and other interested parties to comment on
the report before submission.
``(b) Reviews and Audits.--The Secretary shall, at least on
an annual basis, make such reviews and audits as may be
necessary or appropriate to determine--
``(1) in the case of a grantee (other than a grantee
referred to in paragraph (2)), whether the grantee--
``(A) has carried out its activities in a timely manner;
``(B) has made progress toward establishing and maintaining
the comprehensive homeless assistance system in conformity
with its application under this subtitle;
``(C) has carried out its activities and certifications in
accordance with the requirements of this subtitle and other
applicable laws; and
``(D) has a continuing capacity to carry out its activities
in a timely manner; and
``(2) in the case of States distributing grant amounts to
State recipients, whether the State--
``(A) has distributed amounts to State recipients in a
timely manner and in conformance with the method of
distribution described in its application;
``(B) has carried out its activities and certifications in
compliance with the requirements of this subtitle and other
applicable laws; and
``(C) has made such reviews and audits of the State
recipients as may be necessary or appropriate to determine
whether they have satisfied the applicable performance
criteria contained in paragraph (1).
The Secretary may make appropriate adjustments in the amount
of grants in accordance with the Secretary's findings under
this subsection. With respect to assistance made available
for State recipients, the Secretary may adjust, reduce, or
withdraw such assistance, or take other action as appropriate
in accordance with the Secretary's reviews and audits under
this subsection, except that amounts already properly
expended on eligible activities under this subtitle shall not
be recaptured or deducted from future assistance to such
recipients.
``SEC. 414. NONDISCRIMINATION IN PROGRAMS AND ACTIVITIES.
``(a) In General.--No person in the United States shall on
the ground of race, color, national origin, religion, or sex
be excluded from participation in, be denied the benefits of,
or be subjected to discrimination under any program or
activity funded in whole or in part with funds made available
under this subtitle. Any prohibition against discrimination
on the basis of age under the Age Discrimination Act of 1975
or with respect to an otherwise qualified handicapped
individual, as provided in section 504 of the Rehabilitation
Act of 1973, shall also apply to any such program or
activity.
``(b) Limitations.--
``(1) Indian tribes.--No grant may be made under this
subtitle to an Indian tribe unless the applicant provides
satisfactory assurances that its program will be conducted
and administered in conformity with title II of Public Law
90-284. The Secretary may waive, in connection with grants to
Indian tribes, the provisions of subsection (a).
``(2) Hawaiian home lands.--The provisions of this subtitle
relating to discrimination on the basis of race shall not
apply to the provision of assistance under this subtitle to
the Hawaiian Home Lands.
``SEC. 415. CONSULTATION.
``In carrying out the provisions of this subtitle,
including the issuance of regulations, the Secretary shall
consult with other Federal agencies administering programs
affecting homeless individuals and families through the
Interagency Council on the Homeless established under title
II.
``SEC. 416. RECORDS, REPORTS, AND AUDITS.
``(a) Keeping of Records.--Any recipient (including a State
distributing grant amounts to State recipients as provided in
section 410(b)(2)) shall keep such records as may be
reasonably necessary--
``(1) to disclose the amounts and the disposition of the
grant amounts; and
``(2) to ensure compliance with the requirements of this
subtitle.
``(b) Access to Documents by Secretary.--The Secretary
shall have access for the purpose of audit and examination to
any books, documents, papers, and records of any recipient
specified in subsection (a) that are pertinent to grant
amounts received in connection with, and the requirements of,
this subtitle.
``(c) Access to Documents by Comptroller General.--The
Comptroller General of the United States, or any of the duly
authorized representatives of the Comptroller General, shall
have access for the purpose of audit and examination to any
books, documents, papers, and records of any recipient
specified in subsection (a) that are pertinent to grant
amounts received in connection with, and the requirements of,
this subtitle.
``SEC. 417. REPORTS TO CONGRESS.
``The Secretary shall submit a report to the Congress
annually, summarizing the activities carried out under this
subtitle and setting forth the findings, conclusions, and
recommendations of the Secretary as a result of the
activities. The report shall be submitted not later than 4
months after the end of each fiscal year (except that, in the
case of fiscal year 1995, the report shall be submitted not
later than 6 months after the end of the fiscal year).
[[Page 1339]]
``CHAPTER 2--ELIGIBLE ACTIVITIES
``SEC. 431. HOMELESSNESS PREVENTION.
``(a) Eligible Activities.--A recipient may use grant
amounts under this subtitle for activities designed to help
persons and families described in subsection (b) avoid
becoming homeless, which shall include assistance for making
mortgage payments, rental payments, and utility payments and
any activities other than those found by the Secretary to be
inconsistent with the purposes of this Act.
``(b) Requirements for Assistance.--Assistance may be
provided under this section only to very low-income persons
and families who have received eviction (or mortgage
delinquency or foreclosure) notices or notices of termination
of utility services and who--
``(1) are unable to make the required payments due to a
sudden reduction in income;
``(2) need such assistance to avoid the eviction or
termination of services; and
``(3) have a reasonable prospect of being able to resume
payments within a reasonable period of time.
``SEC. 432. EMERGENCY SHELTER.
``(a) Eligible Activities.--A recipient may use grant
amounts under this subtitle for--
``(1) the renovation, major rehabilitation, or conversion
of a building or buildings to be used as emergency shelters;
``(2) the provision of supportive services, if such
services do not supplant any services provided by the local
government during any part of the 12-month period ending on
the date of the commencement of the operation of the
emergency shelter; and
``(3) maintenance, operation, insurance, utilities, and
furnishings for emergency shelters.
``(b) Definition.--A project shall be considered emergency
shelter for purposes of this section if the project is
designed to provide overnight sleeping accommodations for
homeless persons. An emergency shelter may include
appropriate eating and cooking accommodations.
``(c) Program Requirements.--A recipient may use grant
amounts under this subtitle for an emergency shelter project
only if the project sponsor has agreed that it will--
``(1) in the case of assistance involving major
rehabilitation or conversion of a building, maintain the
building as a shelter for homeless individuals and families
for not less than a 10-year period unless, within such 10-
year period, the need for maintaining the building as a full-
time shelter ceases to exist and the building is used for the
remainder of such period to carry out other eligible
activities under this subtitle;
``(2) in the case of assistance involving rehabilitation
(other than major rehabilitation or conversion of a
building), maintain the building as a shelter for homeless
individuals and families for not less than a 3-year period;
or
``(3) in the case of assistance involving only activities
described in paragraphs (2) and (3) of subsection (a),
provide services or shelter to homeless individuals and
families at the original site or structure or other sites or
structures serving the same general population for the period
during which such assistance is provided;
``(4) comply with the standards of habitability prescribed
under subsection (d) by the Secretary and (if applicable) the
State or unit of general local government; and
``(5) assist homeless persons in obtaining--
``(A) appropriate supportive service, including permanent
housing, medical and mental health treatment, counseling,
supervision, and other services essential for achieving
independent living; and
``(B) other Federal, State, local, and private assistance
available for homeless persons.
``(d) Minimum Standards of Habitability.--The Secretary
shall prescribe such minimum standards of habitability as the
Secretary determines to be appropriate to ensure that
emergency shelters assisted under this section are
environments that provide appropriate privacy, safety, and
sanitary and other health-related conditions for homeless
persons and families. Grantees may establish standards of
habitability in addition to those prescribed by the
Secretary.
``SEC. 433. SUPPORTIVE HOUSING FOR THE HOMELESS.
``(a) Eligible Activities.--A recipient may use grant
amounts under this subtitle to provide assistance to a
project sponsor of supportive housing in the following
manners:
``(1) Acquisition and rehabilitation.--Assistance may be
provided in the form of an advance in an amount not exceeding
cost of acquisition, substantial rehabilitation, or
acquisition and rehabilitation of an existing structure for
use as supportive housing. The repayment of any outstanding
debt owed on a loan made to purchase an existing structure
shall be considered to be a cost of acquisition eligible for
an advance under this paragraph if the structure was not used
as supportive housing before the receipt of assistance.
``(2) Moderate rehabilitation.--Assistance may be provided
in the form of a grant for moderate rehabilitation of an
existing structure for use as supportive housing. Assistance
under this paragraph shall not preclude assistance under
paragraph (1).
``(3) Operating costs.--Assistance may be provided in the
form of annual payments for operating costs of supportive
housing (including supportive housing that is newly
constructed with assistance provided from sources other than
this subtitle) in an amount not exceeding 75 percent of the
annual operating costs of such housing.
``(4) Technical assistance.--Technical assistance may be
provided in--
``(A) establishing supportive housing in an existing
structure;
``(B) operating supportive housing in existing structures
and in structures that are newly constructed with assistance
provided from sources other than this subtitle; and
``(C) providing supportive services to the residents of
supportive housing (including supportive housing that is
newly constructed with assistance provided from sources other
than this subtitle).
``(5) Employment assistance program.--Assistance may be
provided in the form of a grant for establishing and
operating an employment assistance program for the residents
of supportive housing, which shall include--
``(A) employment of residents in the operation and
maintenance of the housing; and
``(B) the payment of the transportation costs of residents
to places of employment.
``(6) Supportive services.--Assistance may be provided in
the form of a grant for costs of supportive services provided
to homeless individuals. Any project sponsor, including
program recipients under title IV of this Act before the date
of the enactment of the Housing and Community Development Act
of 1994, may reapply for such assistance or for the renewal
of such assistance to continue services funded under prior
grants or to provide other services.
``(7) Child care services.--Assistance may be provided in
the form of a grant to establish and operate a child care
services program for homeless families, which shall--
``(A) include--
``(i) establishing, licensing, and operating an onsite
child care facility for the residents of transitional
housing;
``(ii) making contributions for the child care costs of
residents of transitional housing to existing community child
care programs and facilities; and
``(iii) counseling designed to inform the residents of
transitional housing of public and private child care
services for which they are eligible; and
``(B) provide only child care services that comply with any
applicable State and local laws and regulations.
A grant under this paragraph for any child care services
program may not exceed the amount equal to 75 percent of the
cost of operating the program for a period not exceeding 5
years.
``(b) Supportive Housing.--Housing for homeless individuals
shall be considered to be supportive housing for purposes of
this section if--
``(1) the housing is safe and sanitary and meets any
applicable State and local housing codes and licensing
requirements in the jurisdiction in which the housing is
located;
``(2) the housing is--
``(A) transitional housing;
``(B) permanent housing for homeless persons with
disabilities; or
``(C) a particularly innovative project for, or alternative
methods of, meeting the immediate and long-term needs of
homeless individuals and families (or is part of such a
project); and
``(3) supportive services are provided in connection with
the housing to address the special needs of homeless
individuals intended to be served by the housing.
``(c) Transitional Housing.--For purposes of this section,
the term `transitional housing' means housing, the purpose of
which is to facilitate the movement of homeless individuals
and families to permanent housing within 24 months or such
longer period as the Secretary determines necessary.
``(d) Permanent Housing for Homeless Persons With
Disabilities.--For purposes of this section, the term
`permanent housing for homeless persons with disabilities'
means community-based housing for homeless persons with
disabilities that--
``(1) is a home designed solely for housing homeless
persons with disabilities or dwelling units in a multifamily
housing project, condominium project, or cooperative project;
``(2) in the case of a home, is located on a site that does
not contain another home used for the same purposes and that
is not contiguous to another site containing a home used for
the same purposes; and
``(3) provides long-term housing and supportive services
for not more than--
``(A) 8 such persons in a single structure or contiguous
structures;
``(B) 16 such persons, but only if not more than 20 percent
of the units in a structure are designated for such persons;
or
``(C) more than 16 persons if the applicant demonstrates
that local market conditions dictate the development of a
large project and such development will achieve the
neighborhood integration objectives of the program within the
context of the affected community.
``(e) Program Requirements.--
``(1) Required agreements.--A recipient may use grant
amounts under this subtitle for a supportive housing project
under this section only if the project sponsor for the
project has agreed--
``(A) to operate the proposed project as supportive housing
for not less than 10 years;
``(B) to conduct an ongoing assessment of the supportive
services required by the residents of the project;
``(C) to provide such residential supervision as the
Secretary determines is necessary to facilitate the adequate
provision of supportive services to the residents of the
project; and
``(D) to comply with such other terms and conditions as the
Secretary or recipient may
[[Page 1340]]
establish for purposes of carrying out this program in an
effective and efficient manner.
``(2) Occupant charge.--Each homeless individual or family
residing in a project assisted under this section that
provides supportive housing may be required to pay an
occupancy charge in an amount determined by the project
sponsor, which may not exceed the amount determined under
section 3(a) of the United States Housing Act of 1937.
Occupancy charges paid may be reserved, in whole or in part,
to assist residents in moving to permanent housing.
``(f) Single Room Occupancy Dwellings.--A project assisted
under this section may provide supportive housing or
supportive services in dwelling units that do not contain
bathrooms or kitchen facilities and are appropriate for use
as supportive housing or in projects containing some or all
such dwelling units.
``SEC. 434. SAFE HAVENS FOR HOMELESS INDIVIDUALS.
``(a) Eligible Activities.--A recipient may use grant
amounts under this subtitle for--
``(1) the construction of a structure for use in providing
a safe haven or the acquisition, rehabilitation, or
acquisition and rehabilitation of an existing structure for
use in providing a safe haven;
``(2) the leasing of an existing structure for use in
providing a safe haven;
``(3) operating costs of a safe haven;
``(4) costs of administering a safe haven program, in an
amount not exceeding 10 percent of the amounts made available
for activities under paragraphs (1) through (3);
``(5) conducting outreach activities designed to inform
eligible persons about and attract them to a safe haven
program;
``(6) the provision of low-demand services and referrals
for residents of a safe haven; and
``(7) conducting other activities that further the purposes
of this section, including the modification of an existing
facility to use a portion of a facility to provide a safe
haven.
``(b) Definition.--For purposes of this section, the term
`safe haven' means housing for homeless persons who, at the
time, are unwilling or unable to participate in mental health
treatment programs or to receive other supportive services.
Such a facility may provide--
``(1) 24-hour residence for eligible persons who may reside
for an unspecified duration;
``(2) private or semiprivate accommodations;
``(3) common use of kitchen facilities, dining rooms, and
bathrooms;
``(4) supportive services to eligible persons who are not
residents on a drop-in basis; and
``(5) overnight occupancy limited to no more than 25
persons.
``SEC. 435. SHELTER PLUS CARE.
``(a) Eligible Activities.--A recipient may use grant
amounts under this subtitle to provide shelter plus care for
homeless persons with disabilities (primarily persons who
have severe and persistent mental or emotional impairments
that seriously limit a person's ability to live
independently, have chronic programs with alcohol, drugs, or
both, or have acquired immunodeficiency syndrome and related
diseases) and the families of such persons.
``(b) Definition.--For purposes of this section, the term
`shelter plus care' means rental housing assistance, in
connection with supportive services funded from sources other
than under this section. Such rental housing assistance may
be tenant-based, project-based, or sponsor-based.
``SEC. 436. ADMINISTRATIVE AND CAPACITY-BUILDING EXPENSES.
``(a) Availability of Grant Amounts.--A recipient may use
grant amounts under this subtitle for the following expenses:
``(1) Administrative expenses.--During--
``(A) the first year in which a recipient receives grant
amounts under this subtitle, for administrative expenses in
connection with planning the development of, and
establishing, its program under this subtitle;
``(B) subsequent years, to defray the cost of administering
the program; and
``(C) any year in which a recipient receives grant amounts
under this subtitle, to defray the cost of establishing and
operating the board referred to in section 411(b).
Not more than 5 percent of any amounts provided to a
recipient under this subtitle for a fiscal year may be used
for activities under this paragraph.
``(2) Capacity building for nonprofit organizations.--For
building the capacity of private nonprofit organizations to
participate in the comprehensive homeless assistance system
of the recipient, except that not more than 2 percent of any
amounts provided to a recipient under this subtitle for a
fiscal year may be used for activities under this paragraph.
``(b) Provision of Administrative Expenses for Certain
Entities.--
``(1) Provision of amounts.--Any recipient under paragraph
(2) shall make available, to defray the administrative
expenses of the designee or the State, not more than 5
percent from amounts eligible for this purpose under
subsection (a)(1).
``(2) Recipients covered.--The recipients under this
paragraph shall be--
``(A) any allocation unit of general local government,
Indian Tribe, or insular area, that designates a public
agency or a private nonprofit organization under section
410(a)(2);
``(B) any State recipient that designates a public agency
or a private nonprofit organization under section
410(b)(3)(A)(ii); and
``(C) any State recipient that enters into an agreement
under section 410(b)(3)(A)(iii) with a State.
``SEC. 437. INNOVATIVE HOMELESS INITIATIVES.
``(a) Eligible Activities.--A recipient may use grant
amounts under this subtitle for--
``(1) establishing innovative programs to demonstrate
methods of undertaking comprehensive strategies for assisting
homeless individuals and families (including homeless
individuals who have the disease of acquired immunodeficiency
syndrome or who are infected with HIV), through cooperative
efforts in partnership with other levels of government and
the private sector (including nonprofit organizations,
foundations, and communities) and through a variety of
activities, including the coordination of efforts and the
filling of gaps in available services and resources; and
``(2) to obtain technical assistance in establishing a
program for providing homeless assistance in accordance with
the provisions of this subtitle, except that not more than 10
percent of the amount provided to a recipient under this
subtitle for a fiscal year may be used under this paragraph.
``(b) Requirements.--A recipient may use grant amounts to
establish an innovative program under subsection (a)(1) only
if--
``(1) the existing public and private systems for
homelessness prevention, outreach, assessment, shelter,
services, transitional services, transitional housing, and
permanent housing available within the jurisdiction of the
recipient would benefit from additional resources to achieve
a comprehensive approach to meeting the needs of individuals
and families who are homeless, or who are very low-income and
at risk of homelessness;
``(2) the recipient works cooperatively with the Department
of Housing and Urban Development, nonprofit organizations,
foundations, other private entities, and the community, to
the extent feasible, to design and implement the program; and
``(3) the recipient obtains a commitment from the
jurisdiction to make necessary changes in policy and
procedure to provide sufficient flexibility and resources as
necessary to implement and sustain the program.
``SEC. 438. OTHER APPROVED ACTIVITIES.
``The Secretary, in cooperation with grantees, recipients,
and other appropriate parties, shall develop additional
activities to carry out the purposes of this subtitle. A
recipient may use grants amounts under this subtitle to carry
out any such activities developed and approved by the
Secretary.
``Subtitle B--Other Permanent Housing Assistance Programs for the
Homeless''.
SEC. 812. REGULATIONS AND TRANSITION PROVISIONS.
(a) In General.--Not later than April 1, 1995, the
Secretary of Housing and Urban Development (in this section
referred to as the ``Secretary'') shall publish final
regulations to implement the amendments made by this chapter.
The final rule shall be published after notice and
opportunity for public comment in accordance with section 553
of title 5, United States Code.
(b) Transition Provisions.--
(1) Emergency shelter grants program.--Notwithstanding any
other provision of law, during fiscal year 1995, the
Secretary shall allocate grants from amounts available for
such year under subtitle A of title IV of the Stewart B.
McKinney Homeless Assistance Act (as amended by this Act) in
accordance with the provisions of subtitle B of title IV of
the Stewart B. McKinney Homeless Assistance Act (Emergency
Shelter Grants), as such provisions existed immediately
before the enactment of this Act.
(2) Failure to publish regulations.--
(A) In general.--If the Secretary fails to publish final
regulations as provided by subsection (a), the Secretary
shall distribute the amounts available for fiscal year 1995
under subtitle A of title IV of the Stewart B. McKinney
Homeless Assistance Act (as amended by this Act) (excluding
amounts allocated under paragraph (1)) in accordance with the
following provisions of title IV of the Stewart B. McKinney
Homeless Assistance Act, as such provisions existed
immediately before the enactment of this Act--
(i) subtitle C (Supportive Housing);
(ii) subtitle D (Safe Havens); and
(iii) subtitle F (Shelter Plus Care).
(B) Procedure.--For purposes of awarding assistance under
this paragraph, the Secretary may, as appropriate--
(i) provide for use of a single application; and
(ii) publish a single notice of funding availability.
(3) Minimum amounts.--The Secretary shall determine the
amount to be allocated for each of the programs referred to
in this subsection, but the amount so allocated for each such
program shall not be less than the amount appropriated for
the program for fiscal year 1994.
(c) Technical Assistance.--Of any amounts appropriated to
carry out section 2 of the HUD Demonstration Act of 1993 in
fiscal year 1995, the Secretary may use not more than 10
percent for providing technical assistance to assist
recipients under subtitle A of title IV of the Stewart B.
McKinney Homeless Assistance Act (as amended by this chapter)
to establish a program for providing homeless assistance in
accordance with the provisions of such subtitle.
[[Page 1341]]
SEC. 813. REPORT ON SINGLE ROOM OCCUPANCY ASSISTANCE.
Not later than July 1, 1995, the Secretary shall submit a
report to the Congress evaluating the effectiveness of
combining the programs for assistance for single room
occupancy dwellings under sections 451 and 452 of the Stewart
B. McKinney Homeless Assistance Act (as so redesignated and
amended by this Act) into the program for assistance under
subtitle A of title IV of such Act and, if effective,
describing how to provide such assistance under the program
under such subtitle A.
CHAPTER 2--OTHER HOUSING ASSISTANCE PROGRAMS FOR THE HOMELESS UNDER
MCKINNEY ACT
SEC. 821. SECTION 8 ASSISTANCE FOR SINGLE ROOM OCCUPANCY
DWELLINGS.
(a) Authorization of Appropriations.--Section 451(a) of the
Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11401(a)), as so redesignated by section 811(3) of this Act,
is amended to read as follows:
``(a) Increase in Budget Authority.--The budget authority
available under section 5(c) of the United States Housing Act
of 1937 for assistance under section 8(e)(2) of such Act (as
in effect immediately before October 1, 1991) is authorized
to be increased by $200,000,000 on or after October 1, 1994,
and by $200,000,000 on or after October 1, 1995.''.
(b) Program Changes.--Section 451 of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C. 11401(a)), as so
redesignated by section 811(3) of this Act, is amended--
(1) in the second sentence of subsection (c), in the matter
preceding paragraph (1), by striking ``containing'' and
inserting the following: ``for the provision of assistance
under this section that is specifically provided for in the
comprehensive homeless assistance described in the
application under section 408 of the relevant eligible
grantee and that contains''; and
(2) in subsection (j)(1), by inserting ``recipient under
subtitle A,'' after ``authority,''.
SEC. 822. SECTION 8 ASSISTANCE FOR SHELTER PLUS CARE SINGLE
ROOM OCCUPANCY DWELLINGS.
Title IV of the Stewart B. McKinney Homeless Assistance Act
(42 U.S.C. 11361 et seq.) is amended by inserting after
section 451, as so redesignated by section 811(3) of this
Act, the following new section:
``SEC. 452. SECTION 8 ASSISTANCE FOR SHELTER PLUS CARE SINGLE
ROOM OCCUPANCY DWELLINGS.
``(a) Purpose.--The purpose of the program under this
section is to provide assistance for the moderate
rehabilitation of single room occupancy housing to be made
available for rental, in connection with supportive services
funded from sources other than this section, to homeless
persons with disabilities (primarily persons who are
seriously mentally ill, have chronic problems with alcohol,
drugs, or both, or have acquired immunodeficiency syndrome
and related diseases) and the families of such persons.
``(b) Moderate Rehabilitation Assistance.--The Secretary
may use amounts made available to carry out this section for
moderate rehabilitation of single room occupancy housing
described in section 8(l) of the United States Housing Act of
1937 for occupancy by eligible persons in accordance with
this section. Such amounts may be used in connection with the
moderate rehabilitation of efficiency units if the building
owner agrees to pay the additional cost of rehabilitating and
operating the efficiency units.
``(c) Funding Limitations.--
``(1) Targeted populations.--To the maximum extent
practicable, the Secretary shall reserve not less than 50
percent of all amounts made available to carry out this
section for homeless individuals who are seriously mentally
ill or have chronic problems with alcohol, drugs, or both.
``(2) Geographical limitation.--Of the assistance made
available under this section for any fiscal year, not more
than 10 percent may be used for programs located within any
one unit of general local government.
``(d) Supportive Services Requirements.--
``(1) Requirement of matching amounts.--Each recipient of
assistance under this section shall supplement the assistance
provided under this section with an equal amount of funds for
supportive services from sources other than this section.
Each recipient shall certify to the Secretary its compliance
with this paragraph, and shall include with the certification
a description of the sources and amounts of such supplemental
funds.
``(2) Determination of matching amounts.--In calculating
the amount of supplemental funds provided under this section,
a recipient may include the value of any lease on a building,
any salary paid to staff to carry out the program of the
recipient, and the value of the time and services contributed
by volunteers to carry out the program of the recipient at a
rate determined by the Secretary.
``(3) Recapture.--If the supportive services and funding
for the supportive services required by this subsection are
not provided by a recipient, the Secretary may recapture any
unexpended housing assistance provided under this section to
the recipient.
``(e) Contract Requirements.--Each contract for annual
contributions entered into by the Secretary with a public
housing agency to obligate budget authority made available to
carry out this section shall--
``(1) commit the Secretary to make the authority available
to the public housing agency for an aggregate period of 10
years, and require that any amendments increasing the
authority shall be available for the remainder of such 10-
year period;
``(2) provide the Secretary with the option to renew the
contract for an additional period of 10 years, subject to the
availability of authority;
``(3) provide that, notwithstanding any other provision of
law, first priority for occupancy of housing rehabilitated
under this section shall be given to homeless persons; and
``(4) require installation in the housing assisted of a
sprinkler system that protects all major spaces, hard-wired
smoke detectors, and any other fire safety improvements as
may be required by State or local law.
For purposes of this subsection, the term `major spaces'
means hallways, large common areas, and other areas specified
in local fire, building, or safety codes.
``(f) Applications.--
``(1) In general.--An application for rental housing
assistance under this section shall be submitted by an
applicant in such form and in accordance with such procedures
as the Secretary shall establish.
``(2) Minimum contents.--The Secretary shall require that
an application identify the need for the assistance in the
community to be served and shall contain at a minimum--
``(A) a request for housing assistance under this section
specifying the number of units requested and the amount of
necessary budget authority;
``(B) a description of the size and characteristics of the
population of eligible persons;
``(C) an identification of the need for the program in the
community to be served;
``(D) the identity of the proposed service provider or
providers (which may be, or include, the applicant) and a
statement of the qualifications of the provider or providers;
``(E) a description of the supportive services that the
applicant proposes to assure will be available for eligible
persons;
``(F) a description of the resources that are expected to
be made available to provide the supportive services required
by subsection (d);
``(G) a description of the mechanisms for developing a
housing and supportive services plan for each person and for
monitoring each person's progress in meeting that plan;
``(H) reasonable assurances satisfactory to the Secretary
that the supportive services will be provided for the full
term of the housing assistance under this section and a
certification from the applicant that it will fund the
supportive services itself if the planned resources do not
become available for any reason;
``(I) a certification by the public official responsible
for submitting the comprehensive housing affordability
strategy under section 105 of the Cranston-Gonzalez National
Affordable Housing Act that the proposed activities are
consistent with the approved housing strategy of the unit of
general local government within which housing assistance
under this section will be provided; and
``(J) identification of the specific structures that the
recipient is proposing for assistance.
``(g) Selection Criteria.--The Secretary shall establish
selection criteria for a national competition for assistance
under this section which shall include--
``(1) the ability of the applicant to develop and operate
the proposed assisted housing and supportive services
program, taking into account the quality of any ongoing
program of the applicant;
``(2) geographic diversity among the projects to be
assisted;
``(3) the need for a program providing housing assistance
and supportive services for eligible persons in the area to
be served;
``(4) the quality of the proposed program for providing
supportive services and housing assistance;
``(5) the extent to which the proposed funding for the
supportive services is or will be available;
``(6) the extent to which the project would meet the needs
of the homeless persons proposed to be served by the program;
``(7) the extent to which the program integrates program
recipients into the community served by the program;
``(8) the cost-effectiveness of the proposed program; and
``(9) such other factors as the Secretary specifies in
regulations to be appropriate for purposes of carrying out
the program established by this section in an effective and
efficient manner.
``(h) Participation of Homeless Individuals.--The Secretary
shall, by regulation, require each recipient of assistance
under this section to provide for the consultation and
participation of not less than one homeless individual or
former homeless individual on the board of directors or other
equivalent policymaking entity of the recipient, to the
extent that such entity considers and makes policies and
decisions regarding any housing assisted under this section
or services for such housing. The Secretary may grant waivers
to recipients unable to meet the requirement under the
preceding sentence if the recipient agrees to otherwise
consult with homeless or formerly homeless individuals in
considering and making such policies and decisions.
``(i) Required Agreements.--The Secretary may not approve
assistance under this section for an applicant unless the
applicant agrees--
``(1) to operate the proposed program in accordance with
the provisions of this section;
[[Page 1342]]
``(2) to conduct an ongoing assessment of the housing
assistance and supportive services required by the
participants in the program;
``(3) to ensure the adequate provision of supportive
services to the participants in the program;
``(4) to comply with such other terms and conditions as the
Secretary may establish for purposes of carrying out the
program in an effective and efficient manner; and
``(5) to the maximum extent practicable, to involve
homeless individuals and families, through employment
volunteer services, or otherwise, in constructing or
rehabilitating housing assisted under this section and in
providing services required under this section.
``(j) Housing Standards and Rent Reasonableness.--
``(1) Standards required.--The Secretary shall require
that--
``(A) before any assistance may be provided to or on behalf
of a person, each unit assisted under this section shall be
inspected by the applicant directly or by another entity,
including the local public housing agency, to determine that
the unit meets the housing quality standards under section 8
of the United States Housing Act of 1937 and that the
occupancy charge for the dwelling unit is reasonable; and
``(B) the recipient shall make at least annual inspections
of each unit assisted under this section during the term of
the contract for such assistance.
``(2) Prohibition.--No assistance may be provided under
this section for a dwelling unit (A) for which the occupancy
charge is not reasonable, or (B) which fails to meet the
housing standards, unless the owner promptly corrects the
deficiency and the recipient verifies the correction.
``(k) Tenant Rent.--Each tenant of a dwelling unit assisted
under this section shall pay as rent an amount determined in
accordance with the provisions of section 3(a)(1) of the
United States Housing Act of 1937.
``(l) Administrative Fees.--From amounts made available to
carry out this section, the Secretary shall make amounts
available to pay the entity administering the housing
assistance an administrative fee in an amount determined
appropriate by the Secretary for the costs of administering
the housing assistance.
``(m) Occupancy.--
``(1) Occupancy agreement.--The occupancy agreement between
a tenant and an owner of a dwelling unit assisted under this
section shall be for at least 1 month.
``(2) Vacancy payments.--If an eligible person vacates a
dwelling unit assisted under this section before the
expiration of the occupancy agreement, no assistance payment
may be made with respect to the unit after the month that
follows the month during which the unit was vacated, unless
it is occupied by another eligible person.
``(n) Termination of Assistance.--
``(1) Authority.--If an eligible individual who receives
assistance under this section violates program requirements,
the recipient may terminate assistance in accordance with the
process established pursuant to paragraph (2).
``(2) Procedure.--In terminating assistance under this
paragraph, the recipient shall provide a formal process that
recognizes the rights of individuals receiving such
assistance to due process of law.
``(o) Definitions.--For purposes of this section, the
following definitions shall apply:
``(1) The term `acquired immunodeficiency syndrome and
related diseases' has the meaning given such term in section
853 of the Cranston-Gonzalez National Affordable Housing Act.
``(2) The term `applicant' means a State, unit of general
local government, Indian tribe, or public housing agency.
``(3) The term `eligible person' means a homeless person
with disabilities (primarily persons who are seriously
mentally ill, have chronic problems with alcohol, drugs, or
both, or have acquired immunodeficiency syndrome and related
diseases) and the family of such a person.
``(4) The term `Indian tribe' has the meaning given such
term in section 102 of the Housing and Community Development
Act of 1974.
``(5) The term `nonprofit organization' has the meaning
given such term by section 104 of the Cranston-Gonzalez
National Affordable Housing Act, and includes community
mental health centers established as public nonprofit
organizations.
``(6) The term `person with disabilities' has the meaning
given such term in section 811 of the Cranston-Gonzalez
National Affordable Housing Act.
``(7) The term `public housing agency' has the meaning
given such term in section 3(b) of the United States Housing
Act of 1937.
``(8) The term `recipient' means an applicant approved for
participation in the program to provide assistance under this
section.
``(9) The term `Secretary' means the Secretary of Housing
and Urban Development.
``(10) The term `seriously mentally ill' means having a
severe and persistent mental or emotional impairment that
seriously limits a person's ability to live independently.
``(11) The term `State' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
the Commonwealth of the Northern Mariana Islands, the Virgin
Islands, Guam, American Samoa, and any other territory or
possession of the United States.
``(12) The term `supportive services' means assistance that
the Secretary determines (A) addresses the special needs of
eligible persons; and (B) provides appropriate services or
assists such persons in obtaining appropriate services,
including health care, mental health services, substance and
alcohol abuse services, child care services, case management
services, counseling, supervision, education, job training,
and other services essential for achieving and maintaining
independent living. Inpatient acute hospital care shall not
qualify as a supportive service.
``(13) The term `unit of general local government' has the
meaning given such term in section 102 of the Housing and
Community Development Act of 1974.
``(p) Authorization of Appropriations.--For purposes of
providing assistance under this section, there are authorized
to be appropriated $75,000,000 for fiscal year 1995 and
$75,000,000 for fiscal year 1996.''.
SEC. 823. RURAL HOMELESSNESS GRANT PROGRAM.
(a) Authorization of Appropriations.--Section 453(l)(1) of
the Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11408(l)(1)), as so redesignated by section 811(3) of this
Act, is amended to read as follows:
``(1) In general.--There are authorized to be appropriated
to carry out this section $30,000,000 for fiscal year 1995
and $30,000,000 for fiscal year 1996.''.
(b) Transfer to Department of Agriculture.--Section 453 of
the Stewart B. McKinney Homeless Assistance Act, as so
redesignated by section 811(3) of this Act, is amended--
(1) in subsection (a), by striking ``Secretary of Housing
and Urban Development'' and inserting ``Secretary of
Agriculture''; and
(2) in subsection (k), by striking paragraph (3) and
inserting the following new paragraph:
``(3) The term `Secretary' means the Secretary of
Agriculture.''.
SEC. 824. CLERICAL AMENDMENT.
The table of contents in section 101(b) of the Stewart B.
McKinney Homeless Assistance Act is amended by striking the
items relating to title IV and inserting the following new
items:
``TITLE IV--HOUSING ASSISTANCE
``Subtitle A--Flexible Grant Program
``Chapter 1--General Provisions
``Sec. 401. Purposes.
``Sec. 402. Authorization of appropriations.
``Sec. 403. Definitions.
``Sec. 404. Provision of grants.
``Sec. 405. Comprehensive homeless assistance.
``Sec. 406. Matching requirements.
``Sec. 407. Responsibilities of grantees and project sponsors.
``Sec. 408. Application.
``Sec. 409. Allocation and distribution of funds.
``Sec. 410. Administration of program.
``Sec. 411. Citizen participation.
``Sec. 412. Applicability of other provisions.
``Sec. 413. Reports, reviews, and audits.
``Sec. 414. Nondiscrimination in programs and activities.
``Sec. 415. Consultation.
``Sec. 416. Records, reports, and audits.
``Sec. 417. Reports to Congress.
``Chapter 2--Eligible Activities
``Sec. 431. Homelessness prevention.
``Sec. 432. Emergency shelter.
``Sec. 433. Supportive housing for the homeless.
``Sec. 434. Safe havens for homeless individuals.
``Sec. 435. Shelter plus care.
``Sec. 436. Administrative and capacity-building expenses.
``Sec. 437. Innovative homeless initiatives.
``Sec. 438. Other approved activities.
``Subtitle B--Other Permanent Housing Assistance Programs for the
Homeless
``Sec. 451. Section 8 assistance for single room occupancy dwellings.
``Sec. 452. Section 8 assistance for shelter plus care single room
occupancy dwellings.
``Sec. 453. Rural homelessness grant program.
``Sec. 454. Use of FMHA inventory for transitional housing for homeless
persons and for turnkey housing.''.
CHAPTER 3--MISCELLANEOUS HOMELESS HOUSING PROVISIONS
SEC. 831. FHA SINGLE FAMILY PROPERTY DISPOSITION.
Section 1407 of the Housing and Community Development Act
of 1992 (Public Law 102-550; 106 Stat. 4034) is amended by
adding at the end the following new subsection:
``(d) Demonstration Program for Immediate Availability.--
``(1) Authority.--Notwithstanding subsections (a) and (b),
in carrying out the program referred to in subsection (a) in
each of 3 States selected by the Secretary of Housing and
Urban Development, during the 18-month period beginning on
the date of the enactment of the Housing and Community
Development Act of 1994 the Secretary shall make any eligible
property available for lease under such program without
listing and making such property generally available for sale
for any intervening period.
``(2) Discount.--Any property made available for sale
pursuant to this subsection
[[Page 1343]]
under the program referred to in subsection (a) shall be made
available at a price equal to the fair market value of the
property less a 20 percent discount.
``(3) State and local taxes.--The provisions of subsection
(c) shall apply to the demonstration program under this
subsection.
``(4) Report.--Upon the expiration of the 18-month period
referred to in paragraph (1), the Secretary of Housing and
Urban Development shall submit a report to the Congress
analyzing the extent to which single family properties are
made available for use by the homeless under the program
referred to in subsection (a), as carried out under
subsections (a) and (b) and as carried out under this
subsection. The report shall also analyze the effect of
carrying out the program under each of such provisions on the
Mutual Mortgage Insurance Fund.''.
SEC. 832. STRATEGY TO ELIMINATE UNFIT TRANSIENT FACILITIES.
Section 825(b) of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 11301 note) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) that States and units of general local government
shall eliminate the use of unfit transient facilities as
housing for homeless families with children not later than
July 1, 1997, in the manner provided under the strategy.''.
Subtitle B--Interagency Council on the Homeless
SEC. 841. AUTHORIZATION OF APPROPRIATIONS.
Section 208 of the Stewart B. McKinney Homeless Assistance
Act (42 U.S.C. 11318) is amended to read as follows:
``SEC. 208. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
title $1,609,890 for fiscal year 1995 and $1,658,187 for
fiscal year 1996.''.
SEC. 842. CHAIRPERSON.
Section 202(b) of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11312(b) is amended to read as
follows:
``(b) Chairperson and Vice Chairperson.--
``(1) Chairperson.--The Council shall elect a Chairperson
from among its members, who shall have a term of 2 years. A
member of the Council by reason of any of paragraphs (1)
through (16) of subsection (a) who serves as Chairperson for
a term may not be elected to serve as Chairperson for the
succeeding term. The preceding sentence shall not apply to
any member serving as Chairperson on the date of the
enactment of the Housing and Community Development Act of
1994.
``(2) Vice chairperson.--The Vice Chairperson of the
Council shall have a term of 2 years and shall be--
``(A) the Secretary of Housing and Urban Development, if
such Secretary is not elected as the Chairperson of the
Council; or
``(B) elected by the Council from among its members, if the
Secretary of Housing and Urban Development is elected as the
Chairperson of the Council.''.
SEC. 843. EXTENSION.
Section 209 of the Stewart B. McKinney Homeless Assistance
Act (42 U.S.C. 11319) is amended by striking ``October 1,
1994'' and inserting ``October 1, 1996''.
Subtitle C--Federal Emergency Management Agency Food and Shelter
Program
SEC. 851. AUTHORIZATION OF APPROPRIATIONS.
Section 322 of the Stewart B. McKinney Homeless Assistance
Act (42 U.S.C. 11352) is amended to read as follows:
``SEC. 322. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
title $130,000,000 for fiscal year 1995 and $130,000,000 for
fiscal year 1996.''.
SEC. 852. PROHIBITION OF ASSISTANCE TO ILLEGAL ALIENS.
Section 313 of the Stewart B. McKinney Homeless Assistance
Act (42 U.S.C. 11343) is amended by adding at the end the
following new subsection:
``(c) Prohibition of Assistance to Illegal Aliens.--
``(1) In general.--Notwithstanding any provision of law
other than paragraph (2), no amounts provided to carry out
this title may be used to provide shelter, food, supportive
services, or any other assistance to any person who, at the
time the person applies for, receives, or attempts to receive
any assistance from a program assisted under this title, is
not a citizen or national of the United States, a permanent
resident alien, an asylee or asylee applicant, a refugee, a
parolee, a nonimmigrant in status under the Immigration and
Nationality Act, or admitted with temporary protected status,
a temporary resident, or a person granted family unity
protection status under such Act.
``(2) Exception.--The Director may authorize the use of
amounts provided to carry out this title for providing
shelter, food, supportive services, and other assistance for
persons described in paragraph (1) in such instances as the
Director considers appropriate and such use shall be subject
to any rules or guidelines established by the Director,
except that--
``(A) such assistance may not be provided for such a person
for a period that exceeds 7 days; and
``(B) any local government, private nonprofit organization,
or other service provider providing such assistance under
this paragraph to such a person shall notify the Immigration
and Naturalization Service of the identity and location of
the person during the 7-day period beginning upon the initial
provision of such assistance for the person.
``(3) Inapplicability.--This subsection shall not apply in
the case of any disaster declared by the President under the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act.''.
Subtitle D--Availability of Property at Military Bases for
Redevelopment and Homeless Use
SEC. 861. AVAILABILITY OF PROPERTY AT MILITARY BASES FOR
REDEVELOPMENT AND HOMELESS USE.
(a) Availability of Military Property to Assist the
Homeless.--Title V of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11411 et seq.) is amended by adding
at the end the following new section:
``SEC. 503. SPECIAL PROCEDURES GOVERNING AVAILABILITY OF
PROPERTY AT CLOSED OR REALIGNED MILITARY BASES
TO ASSIST THE HOMELESS.
``(a) Sole Authority for Availability of Property.--(1)
Property at a military installation closed or realigned under
a base closure law shall not be available for use to assist
the homeless except as provided by this section.
``(2) Until after the appropriate time periods set forth in
this section have expired, the Secretary of Housing and Urban
Development shall neither request information concerning
buildings or property covered by paragraph (1), nor identify
such buildings or property as suitable for use to assist the
homeless pursuant to section 501(a), other than under the
procedures set forth in this section.
``(3) For purposes of this section:
``(A) The term `base closure law' means the Defense
Authorization Amendments and Base Closure and Realignment Act
(title II of Public Law 100-526; 10 U.S.C. 2687 note) and the
Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
``(B) The term `community' means the political
jurisdictions that comprise the redevelopment authority
established with respect to a military installation to be
closed or realigned under a base closure law.
``(b) Identification and Notification of Property for
Redevelopment.--(1) Not later than the date on which the
Secretary of Defense completes the final determination under
a base closure law regarding whether another department or
agency of the Federal Government has identified a use for any
portion of a military installation to be closed or realigned
under such base closure law, the Secretary of Defense shall--
``(A) complete any determinations or surveys necessary to
identify whether any building or property described in
paragraph (2) at such installation is excess property,
surplus property, or unutilized or underutilized property;
``(B) submit to the Secretary of Housing and Urban
Development written notice containing information on such
buildings or property and specifying the redevelopment
authority that exists with respect to the installation; and
``(C) submit to the redevelopment authority with respect to
the installation written notice of the properties available
for use in developing a reuse plan pursuant to subsection
(d).
``(2) The buildings and property referred to in paragraph
(1)(A) are any buildings or property located at the
installation involved for which no use is identified, or of
which no Federal department or agency will accept transfer,
pursuant to the final determination of transferability
referred to in paragraph (1).
``(3) Notice submitted to the Secretary of Housing and
Urban Development under paragraph (1)(B) regarding excess
property, surplus property, or unutilized or underutilized
property at a military installation shall be available only
for the purpose of permitting the redevelopment authority
with respect to the installation to develop a reuse plan for
the property that makes available a reasonable amount of
property or assistance to the homeless in the community.
``(4) Within 60 days after receiving a written notice under
paragraph (1)(B), the Secretary of Housing and Urban
Development shall publish in the Federal Register information
regarding the property described in the notice and available
for use to develop a reuse plan pursuant to subsection (d)
and information specifying the redevelopment authority
responsible for preparing the reuse plan under subsection
(d).
``(c) Period for Development of Reuse Plan.--(1) The
Secretary of Defense shall give each redevelopment authority
that receives a written notice under subsection (b)(1)(C) a
one-year period from the date of the receipt of the notice in
which to develop a reuse plan under subsection (d) for the
buildings and property identified in the notice.
``(2) The Secretary of Defense may extend the period
provided under paragraph (1) for not more than an additional
6 months to permit a redevelopment authority to complete its
reuse plan.
``(d) Reuse Plan To Meet the Needs of the Homeless.--(1)
Not later than the end of the period provided under
subsection (c) to a redevelopment authority, the
redevelopment authority shall submit in writing to the
Secretary of Defense and the Secretary of Housing and Urban
Development a reuse plan for the buildings and property
identified in the written notice submitted to the
redevelopment authority under subsection (b)(1)(C) at the
military installation for which the redevelopment authority
is established. The
[[Page 1344]]
reuse plan may be a part of, or a supplement to, the
redevelopment plan otherwise authorized under a base closure
law for a military installation.
``(2) The reuse plan shall include provisions for use to
assist the homeless, shall enumerate homeless providers and
public agencies consulted regarding the plan, and shall
include a commitment to enter into legally binding agreements
to make available a reasonable amount of property or
assistance to the homeless in the community. Such property
may consist of buildings and property located at the military
installation to be closed or realigned or off of the
installation.
``(e) Review of Reuse Plan by Secretary of Housing and
Urban Development.--(1) The Secretary of Defense shall
consider a reuse plan submitted under subsection (d) for
purposes of disposal of property at the military installation
for which the reuse plan is developed unless the Secretary of
Housing and Urban Development, within 60 days of receipt of
the reuse plan, determines under paragraph (2) that the reuse
plan does not make available a reasonable amount of property
or assistance to the homeless in the community involved.
``(2) The Secretary of Housing and Urban Development shall
determine that a reuse plan makes available a reasonable
amount of property and assistance to the homeless within the
community involved if--
``(A) the reuse plan includes a commitment to enter into
legally binding agreements to provide assistance to the
homeless within the community;
``(B) the reuse plan balances the need for providing
property and assistance to the homeless with the overall
reuse plan for the military installation;
``(C) the reuse plan was developed in consultation with
local representatives of the homeless, including
representatives of the applicable homeless assistance
planning board established under section 411(b) and
representatives of local nongovernmental homeless providers;
``(D) the reuse plan is consistent with the comprehensive
housing affordability strategy under section 105 of the
Cranston-Gonzalez National Affordable Housing Act; and
``(E) the reuse plan specifies the manner in which property
or assistance will be made available for homeless assistance.
``(3) In making a determination under paragraph (2) with
respect to a reuse plan, the Secretary of Housing and Urban
Development shall--
``(A) consider the population of homeless in the community
involved, the extent of current services to assist the
homeless within the community, the extent of the commitment
of resources by local governments in the community to assist
the homeless within the community, the need for additional
services to assist the homeless within the community, and the
suitability of the property for serving the needs of the
homeless; and
``(B) solicit and consider comments on the reuse plans from
homeless persons or their representatives in the community.
``(f) Effect of Failure To Meet the Needs of the
Homeless.--If the Secretary of Housing and Urban Development
determines under subsection (e) that a reuse plan does not
make available a reasonable amount of property or assistance
to the homeless in the community involved, the Secretary
shall submit to the redevelopment authority submitting the
reuse plan and to the Secretary of Defense a report
containing the reasons for the determination. The Secretary
of Housing and Urban Development shall submit the report
within 30 days of making the determination.
``(2) A redevelopment authority shall have an additional 6
months from the date of receipt of a report under paragraph
(1) to resubmit to the Secretary of Housing and Urban
Development and the Secretary of Defense a final reuse plan
which will reasonably address the needs of the homeless, as
identified by the Secretary of Housing and Urban Development
under paragraph (1).
``(3) If the Secretary of Housing and Urban Development
determines that a final reuse plan submitted under paragraph
(2) fails to reasonably address the needs of the homeless,
the Secretary shall, within 30 days of making such
determination, identify those buildings and other property
covered by the reuse plan that are suitable and available for
use to assist the homeless. The Secretary shall make such
identification according to section 501(a). Buildings and
property identified as suitable and available for use to
assist the homeless under this paragraph shall be made
available for such purposes under section 501.
``(g) Effect of Absence of Redevelopment Authority or
Exclusion From Reuse Plan.--In the case of buildings or
property to be disposed under a base closure law, but for
which no reuse authority is identified by the Secretary of
Defense or which are not included in a final reuse plan
submitted by a reuse authority, the Secretary of Housing and
Urban Development shall determine the suitability of such
buildings or property for use to assist the homeless
according to section 501(a). Buildings and property
identified as suitable and available for use to assist the
homeless under this paragraph shall be made available for
such purposes under section 501.
``(h) Application of Section.--(1) Except as provided in
paragraph (2), this section shall apply only with respect to
property, at a military installation to be closed or
realigned under a base closure law, that has not been
included, as of July 1, 1994, in a list published by the
Secretary of Housing and Urban Development under section
501(c)(1)(A).
``(2) In the case of the military installations specified
in paragraph (3), this section shall apply with respect to
the disposal of all property at the installations regardless
of the date on which property at such installations was
included in a list published by the Secretary of Housing and
Urban Development under section 501(c)(1)(A).
``(3) The military installations referred to in paragraph
(2) are as follows:
``(A) Cameron Station Military Garrison, Alexandria,
Virginia.
``(B) Manhattan Beach, New York, New York.
``(C) Naval Station New York.''.
(b) Conforming Amendment to Base Closure Laws.--(1) Section
204(b)(6) of the Defense Authorization Amendments and Base
Closure and Realignment Act (title II of Public Law 100-526;
10 U.S.C. 2687 note) is amended by adding at the end the
following new subparagraph:
``(H) This paragraph shall apply only with respect to
buildings and property at a military installation to be
closed or realigned under this title that has been included,
before July 1, 1994, in a list published by the Secretary of
Housing and Urban Development under section 501(c)(1)(A) of
the Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11411(c)(1)(A)). This paragraph shall not apply to property
at an installation specified in section 503(h)(3) of such
Act.''.
(2) Section 2905(b)(6) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) is amended by adding at the end
the following new subparagraph:
``(H) This paragraph shall apply only with respect to
buildings and property at a military installation to be
closed or realigned under this part that has been included,
before July 1, 1994, in a list published by the Secretary of
Housing and Urban Development under section 501(c)(1)(A) of
the Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11411(c)(1)(A)). This paragraph shall not apply to property
at an installation specified in section 503(h)(3) of such
Act.''.
TITLE IX--ASSURANCE AGAINST COST SHIFTING
SEC. 901. ASSURANCE AGAINST COST SHIFTING.
Notwithstanding section 852 of this Act, none of the funds
made available in this Act may be used to implement,
administer, or enforce any requirement or restriction
established in this Act when the requirement or restriction--
(1) is based on immigration status; and
(2) either--
(A) imposes any additional administrative burden on (i) the
Federal Government; (ii) any State or local government; or
(iii) any contractor or grantee receiving such funds; or
(B) shifts the cost of providing any service from the
Federal Government to (i) any State or local government; or
(ii) any contractor or grantee receiving such funds.
There are authorized to be appropriated such sums as may be
necessary to carry out section 852 of this Act.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. SABO, announced that the yeas had it.
Mr. GONZALEZ demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
345
<3-line {>
affirmative
Nays
36
Para. 81.10 [Roll No. 349]
AYES--345
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Bachus (AL)
Baesler
Baker (LA)
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Bateman
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Castle
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Emerson
Engel
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastert
Hastings
[[Page 1345]]
Hayes
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Hughes
Hutchinson
Hutto
Hyde
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McKinney
McMillan
Meehan
Meek
Menendez
Meyers
Mfume
Michel
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Obey
Olver
Ortiz
Orton
Packard
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Reynolds
Richardson
Roemer
Rogers
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (OR)
Smith (TX)
Snowe
Spence
Spratt
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Weldon
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--36
Archer
Armey
Bentley
Boehner
Bunning
Cox
Crane
Dreier
Duncan
Ehlers
Ewing
Fawell
Fields (TX)
Gekas
Goss
Hancock
Hefley
Hunter
Inglis
Miller (FL)
Moorhead
Oxley
Paxon
Penny
Petri
Quillen
Roberts
Roth
Royce
Schaefer
Sensenbrenner
Shuster
Solomon
Stearns
Stump
Walker
NOT VOTING--53
Applegate
Baker (CA)
Ballenger
Barton
Brown (CA)
Bryant
Carr
Chapman
Clay
Cramer
DeFazio
DeLay
Doolittle
Dornan
Dunn
Ford (MI)
Frost
Gallegly
Gallo
Hansen
Huffington
Inhofe
Kopetski
Kyl
Lloyd
McCandless
McCollum
McCurdy
McKeon
McNulty
Mica
Miller (CA)
Oberstar
Owens
Parker
Pombo
Rangel
Ridge
Rohrabacher
Ros-Lehtinen
Shaw
Slattery
Smith (IA)
Smith (MI)
Smith (NJ)
Stark
Sundquist
Synar
Thomas (WY)
Tucker
Washington
Wheat
Wyden
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 81.11 clerk to correct engrossment
On motion of Mr. GONZALEZ, by unanimous consent,
Ordered, That in the engrossment of the foregoing bill, the Clerk be
authorized to correct section numbers, punctuation, cross references,
and to make other technical corrections.
Para. 81.12 adjournment over
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at
10:30 a.m. on Monday, July 25, 1994.
Para. 81.13 order of business--recess
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That it may be in order on Tuesday, July 26, 1994, for the
Speaker to declare a recess, subject to the call of the Chair, for the
purpose of receiving in Joint Meeting His Majesty Hussein I, King of the
Hashemite Kingdom of Jordan, and His Excellency Yitzhak Rabin, Prime
Minister of Israel.
Para. 81.14 hour of meeting
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That when the House adjourns on Monday, July 25, 1994, it
adjourn to meet at 10 o`clock a.m. on Tuesday, July 26, 1994.
Para. 81.15 calendar wednesday business dispensed with
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, July
27, 1994, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
Para. 81.16 enrolled bill signed
Mr. ROSE, from the Committee on House Administration, reported that
that committee had examined and found truly enrolled a bill of the House
of the following title, which was thereupon signed by the Speaker:
H.R. 4322. An Act to amend the Small Business Act to
increase the authorization for the development company
program, and for other purposes.
Para. 81.17 senate enrolled joint resolution signed
The SPEAKER announced his signature to an enrolled joint resolution of
the Senate of the following title:
S.J. Res. 172. Joint resolution designating May 29, 1995,
through June 6, 1995, as a ``Time for the National Observance
of the fiftieth Anniversary of World War II.''
Para. 81.18 leave of absence
By unanimous consent, leave of absence was granted--
To Ms. ROS-LEHTINEN, for today; and
To Mr. McKEON, for today.
And then,
Para. 81.19 adjournment
On motion of Mr. DREIER, pursuant to the special order heretofore
agreed to, at 3 o'clock and 54 minutes p.m., the House adjourned until
10:30 a.m. on Monday, July 25, 1994.
Para. 81.20 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. FORD of Michigan: Committee on Education and Labor.
H.R. 3600. A bill to ensure individual and family security
through health care coverage for all Americans in a manner
that contains the rate of growth in health care costs and
promotes responsible health insurance practices, to promote
choice in health care, and to ensure and protect the health
care of all Americans; with amendments (Rept. No. 103-601,
Pt. 2). Ordered to be printed.
Mr. FORD of Michigan: Committee on Education and Labor.
H.R. 3960. A bill to provide for health care for every
American and to control the cost and enhance the quality of
the health care system; with an amendment (Rept. No. 103-618,
Pt. 1). Ordered to be printed.
Para. 81.21 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. DURBIN (for himself, Mr. Baesler, Mr. Yates, Mr.
Barlow, Mr. Hastert, Mr. Costello, Mr. Ewing, Mr.
Sangmeister, Mr. Hyde, Mr. Porter, Mr. Fawell, Mr.
Michel, and Mr. Manzullo):
H.R. 4814. A bill to grant the consent of the Congress to
amendments to the Central Midwest Interstate Low-Level
Radioactive Waste Compact; jointly, to the Committees on
Energy and Commerce and Natural Resources.
By Mr. INHOFE (for himself, Mr. Traficant, Mr. Nussle,
and Mr. Hall of Texas):
H.R. 4815. A bill to provide that pay for Members of
Congress shall be reduced whenever total expenditures of the
Federal Government exceed total receipts in any fiscal year,
and for other purposes; jointly, to the Committees on House
Administration, Post Office and Civil Service, and Rules.
By Mr. TALENT:
H.R. 4816. A bill to amend the Social Security Act and the
Internal Revenue Code of 1986 to provide improved access to
quality long-term care services, to obtain cost savings
through provider incentives and removal of regulatory and
legislative barriers, to encourage greater private sector
participation and personal responsibility in financing such
services, and for other purposes; jointly, to the Committees
on Energy and Commerce and Ways and Means.
By Mr. JOHNSON of South Dakota (for himself, Mr.
Emerson, Mr. Slattery, Mr. Minge, Mr. Ewing, Mr.
Roberts, Mr. Sarpalius, Mr. Pomeroy, Mr. Barlow, Mr.
Grandy, Mr. Glickman,
[[Page 1346]]
Mr. Durbin, Mr. Lightfoot, Mr. Peterson of Minnesota,
Mr. Skelton, Mr. Volkmer, Mr. Dickey, Mr. Bishop, and
Mr. Nussle):
H.R. 4817. A bill to promote the use of vegetable oils
derived from soybeans and other oilseeds in industrial
products and to authorize the Secretary of Agriculture to
undertake certain activities to increase domestic and export
demand for such vegetable oils; to the Committee on
Agriculture.
By Mr. WALKER (for himself, Mr. Brown of California,
and Mr. Baker of California):
H.R. 4818. A bill to revise the Land Remote Sensing Policy
Act of 1992; to the Committee on Science, Space, and
Technology.
By Mr. COX (for himself, Mr. Traficant, and Mr.
Goodling):
H.J. Res. 392. Joint resolution designating September 5,
1994, Labor Day, as ``Try American Day''; to the Committee on
Post Office and Civil Service.
Para. 81.22 memorials
Under clause 4 of rule XXII,
453. The SPEAKER presented a memorial of the Legislature of
the State of Illinois, relative to the railroad retirement
system; which was referred, jointly, to the Committees on
Energy and Commerce and Ways and Means.
Para. 81.23 private bills and resolutions
Under clause 1 of rule XXII, private bills and resolutions were
introduced and severally referred as follows:
By Mr. LANCASTER:
H.R. 4819. A bill to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
and fisheries for the vessel Joan Marie; to the Committee on
Merchant Marine and Fisheries.
By Mr. MOAKLEY:
H.R. 4820. A bill to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
for the vessel Lady Helen; to the Committee on Merchant
Marine and Fisheries.
Para. 81.24 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 65: Mr. Rohrabacher.
H.R. 106: Mr. Weldon.
H.R. 123: Mr. Goodling, Mr. Ehlers, Mr. Lewis of Kentucky,
Mr. Deal, and Mr. Zimmer.
H.R. 124: Mrs. Vucanovich and Mr. Crapo.
H.R. 146: Mr. Hancock.
H.R. 654: Mr. Carr.
H.R. 1500: Mr. Serrano, Mr. Hastings, and Mr. Torricelli.
H.R. 1519: Mr. Ravenel.
H.R. 1622: Mrs. Byrne.
H.R. 1793: Mr. Weldon.
H.R. 2050: Ms. Margolies-Mezvinsky.
H.R. 2305: Ms. Velazquez.
H.R. 2641: Mr. Hamburg.
H.R. 2758: Mrs. Meek of Florida.
H.R. 2859: Mr. Blute and Mr. Deal.
H.R. 3224: Mr. Faleomavaega, Mr. Hoyer, and Mr. Kolbe.
H.R. 3270: Mrs. Clayton, Mrs. Lloyd, Mrs. Morella, Mr.
Hilliard, and Mr. Bonior.
H.R. 3440: Mr. Faleomavaega, Mr. Hoyer, and Mr. Kolbe.
H.R. 3513: Mr. Hamburg.
H.R. 3560: Mr. Zimmer.
H.R. 3706: Ms. Lowey, Mr. Meehan, and Ms. Velazquez.
H.R. 3714: Mr. Montgomery, Mr. Parker, Mr. Taylor of
Mississippi, and Mr. Thompson.
H.R. 3780: Mr. Zimmer.
H.R. 3797: Mr. Miller of Florida and Mr. Oxley.
H.R. 3949: Mr. Stearns, Mr. Payne of Virginia, Mrs. Fowler,
Mr. Moorhead, and Mr. Chapman.
H.R. 4142: Ms. Pelosi, Mr. Bliley, Ms. Lowey, Mr. Clay, and
Ms. Eshoo.
H.R. 4289: Mr. Gilchrest, Mr. Beilenson, Mr. Andrews of
Maine, Mr. Moran, Mr. Hastings, Mr. Kopetski, Ms. Schenk, Mr.
Serrano, and Mr. Farr.
H.R. 4371: Mr. Taylor of Mississippi.
H.R. 4399: Mr. Levin.
H.R. 4411: Mr. Abercrombie and Mr. Pastor.
H.R. 4412: Mr. Lightfoot and Mr. Packard.
H.R. 4514: Mr. Abercrombie, Mr. Williams, and Mr. Andrews
of New Jersey.
H.R. 4517: Mr. Borski.
H.R. 4521: Mr. Fingerhut.
H.R. 4527: Mr. Hefner and Mr. Durbin.
H.R. 4675: Mr. Durbin.
H.R. 4737: Mr. Jefferson.
H.R. 4739: Mr. Romero-Barcelo, Mr. Mazzoli, and Mr.
Coppersmith.
H.R. 4767: Ms. Woolsey, Mr. Farr, Mr. Hastings, and Mr.
Yates.
H.R. 4789: Mr. Miller of California and Mr. Studds.
H.R. 4805: Mr. Young of Alaska.
H.J. Res. 332: Mr. Mazzoli, Ms. Danner, Mr. Gekas, Ms.
Kaptur, and Mr. Ramstad.
H.J. Res. 347: Mr. Gekas, Mr. Brooks, Mr. Coleman, Mr.
Peterson of Florida, Mr. Hamilton, Mr. Holden, Mr. Young of
Alaska, Ms. Brown of Florida, Mr. Hyde, Mr. Hastings, and Mr.
Kingston.
H.J. Res. 382: Mr. Slattery, Mrs. Roukema, Mr. Martinez,
Mr. Frost, Mr. Wilson, Mr. Yates, Mr. Young of Florida, Mr.
Romero-Barcelo, Mr. McDade, and Mr. Thompson.
H.J. Res. 388: Mr. McNulty, Mr. Frost, and Mr. Saxton.
H. Con. Res. 49: Mr. Ackerman, Mr. Schumer, Mr. Smith of
New Jersey, and Mr. McHugh.
H. Con. Res. 243: Mr. Hutto.
H. Con. Res. 269: Mr. Bunning, Mr. Walsh, Mr. Shays, Mr.
Gingrich, Mrs. Vucanovich, Mr. Dornan, Mr. Bereuter, Mr.
Regula, Mr. Levy, and Mr. Schiff.
H. Res. 430: Mr. Hastings, Mr. Horn, and Mr. Towns.
H. Res. 434: Mr. Ballenger.
H. Res. 472: Mr. Thomas of California, Mr. Schiff, Mr.
Barrett of Nebraska, Mr. Kyl, Mr. Gilchrest, Mr. Horn, and
Mr. Petri.
H. Res. 476: Mr. Lancaster, Mr. Schiff, Mr. Wolf, Mr. Levy,
Mr. Pete Geren of Texas, Mr. Frost, and Mr. Emerson.
.
MONDAY, JULY 25, 1994 (82)
Para. 82.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
MONTGOMERY, at 10:30 a.m., who laid before the House the following
communication:
Washington, DC,
July 25, 1994.
I hereby designate the Honorable G.V. (Sonny) Montgomery to
act as Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Whereupon, pursuant to the order of the House of Friday, February 11,
1994, and Friday, June 10, 1994, Members were recognized for ``morning
hour'' debates.
Para. 82.2 recess--10:32 a.m.
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to clause 12 of rule
I, declared the House in recess at 10 o'clock and 32 minutes a.m. until
12 o'clock noon.
Para. 82.3 after recess--12:00 noon
The SPEAKER pro tempore, Mr. MONTGOMERY, called the House to order.
Para. 82.4 approval of the journal
The SPEAKER pro tempore, Mr. MONTGOMERY, announced he had examined and
approved the Journal of the proceedings of Friday, July 22, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 82.5 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3568. A letter from the Comptroller General, the General
Accounting Office, transmitting a review of the President's
sixth special impoundment message for fiscal year 1994,
pursuant to 2 U.S.C. 685, (H. Doc. No. 103-284); to the
Committee on Appropriations and ordered to be printed.
3569. A letter from the Director, Federal Housing Finance
Board, transmitting its annual report for the 1993 calendar
year, pursuant to 12 U.S.C. 1422a; to the Committee on
Banking, Finance and Urban Affairs.
3570. A letter from the Director of Employee Benefits, Farm
Credit Bank of Baltimore, transmitting the Farm Credit
District of Baltimore retirement plan for 1993, pursuant to
31 U.S.C. 9503(a)(1)(B); to the Committee on Government
Operations.
3571. A letter from the Vice President, Farm Credit Bank of
Texas, transmitting the annual report for the Farm Credit
Banks of Texas pension plan for 1993, pursuant to 31 U.S.C.
9503(a)(1)(B); to the Committee on Government Operations.
3572. A letter from the Director, Administrative Office of
the U.S. Courts, transmitting the 1993 U.S. Courts: selected
reports, containing the proceedings of the judicial
conference, a summary of the activities of the administrative
office, and a summary of the business of the Federal courts
for the fiscal year, pursuant to 28 U.S.C. 331; 28 U.S.C.
604(a)(4); to the Committee on the Judiciary.
3573. A letter from the Secretary of Agriculture,
transmitting the fiscal year 1993 report on advisory and
assistance services, pursuant to Public Law 101-161, section
641(a)(1) (103 Stat. 986); jointly to the Committees on
Appropriations and Agriculture.
Para. 82.6 notice requirement--motion to instruct conferees--h.r. 3355
Mr. TRAFICANT, pursuant to clause 1(c) of rule XXVIII, announced his
intention to instruct the managers on the part of the House at the
conference with the Senate on the disagreeing votes of the two Houses on
the bill on the House amendment to the Senate amendment to the bill
(H.R. 3355) to amend the Omnibus Crime Control and Safe Streets Act of
1968 to allow grants to increase police presence, to expand and improve
cooperative efforts between law enforcement agencies and members of the
community to address crime and disorder problems, and otherwise to
enhance public safety, be instructed to insist upon the provisions
contained in the amendment offered by Mr. Traficant, as agreed to by the
House relating to the requirements in
[[Page 1347]]
the representation of domestic origin in labeling of products.
Para. 82.7 telemarketing fraud prevention
Mr. SWIFT moved to suspend the rules and agree to the following
resolution (H. Res. 488):
Resolved, That, upon adoption of this resolution, the bill
(H.R. 868) to strengthen the authority of the Federal Trade
Commission to protect consumers in connection with sales made
with a telephone, and for other purposes, with the Senate
amendment thereto, shall be considered to have been taken
from the Speaker's table, and the same are hereby agreed to
with an amendment as follows:
In lieu of the matter proposed to be inserted by the
Senate, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Telemarketing and Consumer
Fraud and Abuse Prevention Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Telemarketing differs from other sales activities in
that it can be carried out by sellers across State lines
without direct contact with the consumer. Telemarketers also
can be very mobile, easily moving from State to State.
(2) Interstate telemarketing fraud has become a problem of
such magnitude that the resources of the Federal Trade
Commission are not sufficient to ensure adequate consumer
protection from such fraud.
(3) Consumers and others are estimated to lose $40 billion
a year in telemarketing fraud.
(4) Consumers are victimized by other forms of
telemarketing deception and abuse.
(5) Consequently, Congress should enact legislation that
will offer consumers necessary protection from telemarketing
deception and abuse.
SEC. 3. TELEMARKETING RULES.
(a) In General.--
(1) The Commission shall prescribe rules prohibiting
deceptive telemarketing acts or practices and other abusive
telemarketing acts or practices.
(2) The Commission shall include in such rules respecting
deceptive telemarketing acts or practices a definition of
deceptive telemarketing acts or practices which may include
acts or practices of entities or individuals that assist or
facilitate deceptive telemarketing, including credit card
laundering.
(3) The Commission shall include in such rules respecting
other abusive telemarketing acts or practices--
(A) a requirement that telemarketers may not undertake a
pattern of unsolicited telephone calls which the reasonable
consumer would consider coercive or abusive of such
consumer's right to privacy,
(B) restrictions on the hours of the day and night when
unsolicited telephone calls can be made to consumers, and
(C) a requirement that any person engaged in telemarketing
for the sale of goods or services shall promptly and clearly
disclose to the person receiving the call that the purpose of
the call is to sell goods or services and make such other
disclosures as the Commission deems appropriate, including
the nature and price of the goods and services.
In prescribing the rules described in this paragraph, the
Commission shall also consider recordkeeping requirements.
(b) Rulemaking.--The Commission shall prescribe the rules
under subsection (a) within 365 days after the date of
enactment of this Act. Such rules shall be prescribed in
accordance with section 553 of title 5, United States Code.
(c) Enforcement.--Any violation of any rule prescribed
under subsection (a) shall be treated as a violation of a
rule under section 18 of the Federal Trade Commission Act (15
U.S.C. 57a) regarding unfair or deceptive acts or practices.
(d) Securities and Exchange Commission Rules.--
(1) Promulgation.--
(A) In general.--Except as provided in subparagraph (B),
not later than 6 months after the effective date of rules
promulgated by the Federal Trade Commission under subsection
(a), the Securities and Exchange Commission shall promulgate,
or require any national securities exchange or registered
securities association to promulgate, rules substantially
similar to such rules to prohibit deceptive and other abusive
telemarketing acts or practices by persons described in
paragraph (2).
(B) Exception.--The Securities and Exchange Commission is
not required to promulgate a rule under subparagraph (A) if
it determines that--
(i) Federal securities laws or rules adopted by the
Securities and Exchange Commission thereunder provide
protection from deceptive and other abusive telemarketing by
persons described in paragraph (2) substantially similar to
that provided by rules promulgated by the Federal Trade
Commission under subsection (a); or
(ii) such a rule promulgated by the Securities and Exchange
Commission is not necessary or appropriate in the public
interest, or for the protection of investors, or would be
inconsistent with the maintenance of fair and orderly
markets.
If the Securities and Exchange Commission determines that an
exception described in clause (i) or (ii) applies, the
Securities and Exchange Commission shall publish in the
Federal Register its determination with the reasons for it.
(2) Application.--
(A) In general.--The rules promulgated by the Securities
and Exchange Commission under paragraph (1)(A) shall apply to
a broker, dealer, transfer agent, municipal securities
dealer, municipal securities broker, government securities
broker, government securities dealer, investment adviser or
investment company, or any individual associated with a
broker, dealer, transfer agent, municipal securities dealer,
municipal securities broker, government securities broker,
government securities dealer, investment adviser or
investment company. The rules promulgated by the Federal
Trade Commission under subsection (a) shall not apply to
persons described in the preceding sentence.
(B) Definitions.--For purposes of subparagraph (A)--
(i) the terms ``broker'', ``dealer'', ``transfer agent'',
``municipal securities dealer'', ``municipal securities
broker'', ``government securities broker'', and ``government
securities dealer'' have the meanings given such terms by
paragraphs (4), (5), (25), (30), (31), (43), and (44) of
section 3(a) of the Securities and Exchange Act of 1934 (15
U.S.C. 78c(a)(4), (5), (25), (30), (31), (43), and (44));
(ii) the term ``investment adviser'' has the meaning given
such term by section 202(a)(11) of the Investment Advisers
Act of 1940 (15 U.S.C. 80b-2(a)(11)); and
(iii) the term ``investment company'' has the meaning given
such term by section 3(a) of the Investment Company Act of
1940 (15 U.S.C. 80a-3(a)).
(e) Commodity Futures Trading Commission Rules.--
(1) Application.--The rules promulgated by the Federal
Trade Commission under subsection (a) shall not apply to
persons described in subsection (f)(1) of section 6 of the
Commodity Exchange Act (7 U.S.C. 8, 9, 15, 13b, 9a).
(2) Promulgation.--Section 6 of the Commodity Exchange Act
(7 U.S.C. 8, 9, 15, 13b, 9a) is amended by adding at the end
the following new subsection:
``(f)(1) Except as provided in paragraph (2), not later
than six months after the effective date of rules promulgated
by the Federal Trade Commission under section 3(a) of the
Telemarketing and Consumer Fraud and Abuse Prevention Act,
the Commission shall promulgate, or require each registered
futures association to promulgate, rules substantially
similar to such rules to prohibit deceptive and other abusive
telemarketing acts or practices by any person registered or
exempt from registration under this Act in connection with
such person's business as a futures commission merchant,
introducing broker, commodity trading advisor, commodity pool
operator, leverage transaction merchant, floor broker, or
floor trader, or a person associated with any such person.
``(2) The Commission is not required to promulgate rules
under paragraph (1) if it determines that--
``(A) rules adopted by the Commission under this Act
provide protection from deceptive and abusive telemarketing
by persons described under paragraph (1) substantially
similar to that provided by rules promulgated by the Federal
Trade Commission under section 3(a) of the Telemarketing and
Consumer Fraud and Abuse Prevention Act; or
``(B) such a rule promulgated by the Commission is not
necessary or appropriate in the public interest, or for the
protection of customers in the futures and options markets,
or would be inconsistent with the maintenance of fair and
orderly markets.
If the Commission determines that an exception described in
subparagraph (A) or (B) applies, the Commission shall publish
in the Federal Register its determination with the reasons
for it.''.
SEC. 4. ACTIONS BY STATES.
(a) In General.--Whenever an attorney general of any State
has reason to believe that the interests of the residents of
that State have been or are being threatened or adversely
affected because any person has engaged or is engaging in a
pattern or practice of telemarketing which violates any rule
of the Commission under section 3, the State, as parens
patriae, may bring a civil action on behalf of its residents
in an appropriate district court of the United States to
enjoin such telemarketing, to enforce compliance with such
rule of the Commission, to obtain damages, restitution, or
other compensation on behalf of residents of such State, or
to obtain such further and other relief as the court may deem
appropriate.
(b) Notice.--The State shall serve prior written notice of
any civil action under subsection (a) or (f)(2) upon the
Commission and provide the Commission with a copy of its
complaint, except that if it is not feasible for the State to
provide such prior notice, the State shall serve such notice
immediately upon instituting such action. Upon receiving a
notice respecting a civil action, the Commission shall have
the right (1) to intervene in such action, (2) upon so
intervening, to be heard on all matters arising therein, and
(3) to file petitions for appeal.
(c) Construction.--For purposes of bringing any civil
action under subsection (a), nothing in this Act shall
prevent an attorney general from exercising the powers
conferred on the attorney general by the laws of such State
to conduct investigations or to administer oaths or
affirmations or to compel the attendance of witnesses or the
production of documentary and other evidence.
[[Page 1348]]
(d) Actions by the Commission.--Whenever a civil action has
been instituted by or on behalf of the Commission for
violation of any rule prescribed under section 3, no State
may, during the pendency of such action instituted by or on
behalf of the Commission, institute a civil action under
subsection (a) or (f)(2) against any defendant named in the
complaint in such action for violation of any rule as alleged
in such complaint.
(e) Venue; Service of Process.--Any civil action brought
under subsection (a) in a district court of the United States
may be brought in the district in which the defendant is
found, is an inhabitant, or transacts business or wherever
venue is proper under section 1391 of title 28, United States
Code. Process in such an action may be served in any district
in which the defendant is an inhabitant or in which the
defendant may be found.
(f) Actions by Other State Officials.--
(1) Nothing contained in this section shall prohibit an
authorized State official from proceeding in State court on
the basis of an alleged violation of any civil or criminal
statute of such State.
(2) In addition to actions brought by an attorney general
of a State under subsection (a), such an action may be
brought by officers of such State who are authorized by the
State to bring actions in such State on behalf of its
residents.
SEC. 5. ACTIONS BY PRIVATE PERSONS.
(a) In General.--Any person adversely affected by any
pattern or practice of telemarketing which violates any rule
of the Commission under section 3, or an authorized person
acting on such person's behalf, may, within 3 years after
discovery of the violation, bring a civil action in an
appropriate district court of the United States against a
person who has engaged or is engaging in such pattern or
practice of telemarketing if the amount in controversy
exceeds the sum or value of $50,000 in actual damages for
each person adversely affected by such telemarketing. Such an
action may be brought to enjoin such telemarketing, to
enforce compliance with any rule of the Commission under
section 3, to obtain damages, or to obtain such further and
other relief as the court may deem appropriate.
(b) Notice.--The plaintiff shall serve prior written notice
of the action upon the Commission and provide the Commission
with a copy of its complaint, except in any case where such
prior notice is not feasible, in which case the person shall
serve such notice immediately upon instituting such action.
The Commission shall have the right (A) to intervene in the
action, (B) upon so intervening, to be heard on all matters
arising therein, and (C) to file petitions for appeal.
(c) Action by the Commission.--Whenever a civil action has
been instituted by or on behalf of the Commission for
violation of any rule prescribed under section 3, no person
may, during the pendency of such action instituted by or on
behalf of the Commission, institute a civil action against
any defendant named in the complaint in such action for
violation of any rule as alleged in such complaint.
(d) Cost and Fees.--The court, in issuing any final order
in any action brought under subsection (a), may award costs
of suit and reasonable fees for attorneys and expert
witnesses to the prevailing party.
(e) Construction.--Nothing in this section shall restrict
any right which any person may have under any statute or
common law.
(f) Venue; Service of Process.--Any civil action brought
under subsection (a) in a district court of the United States
may be brought in the district in which the defendant is
found, is an inhabitant, or transacts business or wherever
venue is proper under section 1391 of title 28, United States
Code. Process in such an action may be served in any district
in which the defendant is an inhabitant or in which the
defendant may be found.
SEC. 6. ADMINISTRATION AND APPLICABILITY OF ACT.
(a) In General.--Except as otherwise provided in sections
3(d), 3(e), 4, and 5, this Act shall be enforced by the
Commission under the Federal Trade Commission Act (15 U.S.C.
41 et seq.). Consequently, no activity which is outside the
jurisdiction of that Act shall be affected by this Act.
(b) Actions by the Commission.--The Commission shall
prevent any person from violating a rule of the Commission
under section 3 in the same manner, by the same means, and
with the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated into
and made a part of this Act. Any person who violates such
rule shall be subject to the penalties and entitled to the
privileges and immunities provided in the Federal Trade
Commission Act in the same manner, by the same means, and
with the same jurisdiction, power, and duties as though all
applicable terms and provisions of the Federal Trade
Commission Act were incorporated into and made a part of this
Act.
(c) Effect on Other Laws.--Nothing contained in this Act
shall be construed to limit the authority of the Commission
under any other provision of law.
SEC. 7. DEFINITIONS.
For purposes of this Act:
(1) The term ``attorney general'' means the chief legal
officer of a State.
(2) The term ``Commission'' means the Federal Trade
Commission.
(3) The term ``State'' means any State of the United
States, the District of Columbia, Puerto Rico, the Northern
Mariana Islands, and any territory or possession of the
United States.
(4) The term ``telemarketing'' means a plan, program, or
campaign which is conducted to induce purchases of goods or
services by use of one or more telephones and which involves
more than one interstate telephone call. The term does not
include the solicitation of sales through the mailing of a
catalog which--
(A) contains a written description, or illustration of the
goods or services offered for sale,
(B) includes the business address of the seller,
(C) includes multiple pages of written material or
illustrations, and
(D) has been issued not less frequently than once a year,
where the person making the solicitation does not solicit
customers by telephone but only receives calls initiated by
customers in response to the catalog and during those calls
takes orders only without further solicitation.
SEC. 8. FALSE ADVERTISEMENTS CONCERNING SERVICES.
Section 12(a) of the Federal Trade Commission Act (15
U.S.C. 52(a)) is amended by inserting ``services,''
immediately after ``devices,'' each place it appears.
SEC. 9. ENFORCEMENT OF ORDERS.
(a) General Authority.--Subject to subsections (b) and (c),
the Federal Trade Commission may bring a criminal contempt
action for violations of orders of the Commission obtained in
cases brought under section 13(b) of the Federal Trade
Commission Act (15 U.S.C. 53(b)).
(b) Appointment.--An Action authorized by subsection (a)
may be brought by the Federal Trade Commission only after,
and pursuant to, the appointment by the Attorney General of
an attorney employed by the Commission, as a special
assistant United States Attorney.
(c) Request for Appointment.--
(1) Appointment upon request or motion.--A special
assistant United States Attorney may be appointed under
subsection (b) upon the request of the Federal Trade
Commission or the court which has entered the order for which
contempt is sought or upon the Attorney General's own motion.
(2) Timing.--The Attorney General shall act upon any
request made under paragraph (1) within 45 days of the
receipt of the request.
(d) Termination of Authority.--The authority of the Federal
Trade Commission to bring a criminal contempt action under
subsection (a) expires 2 years after the date of the first
promulgation of rules under section 3. The expiration of such
authority shall have no effect on an action brought before
the expiration date.
SEC. 10. REVIEW.
Upon the expiration of 5 years following the date of the
first promulgation of rules under section 3, the Commission
shall review the implementation of this Act and its effect on
deceptive telemarketing acts or practices and report the
results of the review to the Congress.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, recognized Mr. SWIFT
and Mr. MOORHEAD, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said resolution?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said resolution was agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
Para. 82.8 ftc authorization
Mr. SWIFT moved to suspend the rules and agree to the following
conference report (Rept. No. 103-617):
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
2243), to amend the Federal Trade Commission Act to extend
the authorization of appropriations in such Act, and for
other purposes, having met, after full and free conference,
have agreed to recommend and do recommend to their respective
Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION. 1. SHORT TITLE; REFERENCE.
(a) Short Title.--This Act may be cited as the ``Federal
Trade Commission Act Amendments of 1994''.
(b) Reference.--Whenever in this Act an amendment or repeal
is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered
to be made to a section or other provision of the Federal
Trade Commission Act.
[[Page 1349]]
SEC. 2. AGRICULTURAL COOPERATIVES.
The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is
amended by redesignating sections 24 and 25 as sections 25
and 26, respectively, and by inserting immediately after
section 23 the following new section:
``Sec. 24. (a) The Commission shall not have any authority
to conduct any study, investigation, or prosecution of any
agricultural cooperative for any conduct which, because of
the provisions of the Act entitled `An Act to authorize
association of producers of agricultural products', approved
February 18, 1922 (7 U.S.C. 291 et seq., commonly known as
the Capper-Volstead Act), is not a violation of any of the
antitrust Acts or this Act.
``(b) The Commission shall not have any authority to
conduct any study or investigation of any agricultural
marketing orders.''.
SEC. 3. COMPENSATION IN PROCEEDINGS.
(a) Repeal.--Subsection (h) of section 18 (15 U.S.C. 57a)
is repealed and subsections (i), (j), and (k) of section 18
are redesignated as subsections (h), (i), and (j),
respectively.
(b) Conforming Amendment.--Section 18(a)(1) (15 U.S.C.
57a(a)(1)) is amended by striking ``subsection (i)'' and
inserting ``subsection (h)''.
SEC. 4. PROCEEDINGS SUBSEQUENT TO VIOLATIONS OF ORDERS.
(a) Consent Orders.--Section 5(m)(1)(B) (15 U.S.C.
45(m)(1)(B)) is amended by inserting ``, other than a consent
order,'' immediately after ``order'' the first time it
appears.
(b) Determinations of Law.--Section 5(m)(2) (15 U.S.C.
45(m)(2)) is amended by adding at the end the following:
``Upon request of any party to such an action against such
defendant, the court shall also review the determination of
law made by the Commission in the proceeding under subsection
(b) that the act or practice which was the subject of such
proceeding constituted an unfair or deceptive act or practice
in violation of subsection (a).''.
SEC. 5. PREVALENCE OF UNLAWFUL ACTS OR PRACTICES.
Section 18(b) (15 U.S.C. 57a(b)) is amended by adding at
the end the following new paragraph:
``(3) The Commission shall issue a notice of proposed
rulemaking pursuant to paragraph (1)(A) only where it has
reason to believe that the unfair or deceptive acts or
practices which are the subject of the proposed rulemaking
are prevalent. The Commission shall make a determination that
unfair or deceptive acts or practices are prevalent under
this paragraph only if--
``(A) it has issued cease and desist orders regarding such
acts or practices, or
``(B) any other information available to the Commission
indicates a widespread pattern of unfair or deceptive acts or
practices.''.
SEC. 6. EFFECTIVE DATE OF ORDERS.
(a) Orders Subject to Petition for Review.--Section 5(g)(2)
(15 U.S.C. 45(g)(2)) is amended to read as follows:
``(2) Except as to any order provision subject to paragraph
(4), upon the sixtieth day after such order is served, if a
petition for review has been duly filed; except that any such
order may be stayed, in whole or in part and subject to such
conditions as may be appropriate, by--
``(A) the Commission;
``(B) an appropriate court of appeals of the United States,
if (i) a petition for review of such order is pending in such
court, and (ii) an application for such a stay was previously
submitted to the Commission and the Commission, within the
30-day period beginning on the date the application was
received by the Commission, either denied the application or
did not grant or deny the application; or
``(C) the Supreme Court, if an applicable petition for
certiorari is pending.''.
(b) Orders Subject to Sections 5(m)(1)(B) and 19(a)(2).--
Section 5(g)(3) (15 U.S.C. 45(g)(3)) is amended to read as
follows:
``(3) For purposes of subsection (m)(1)(B) and of section
19(a)(2), if a petition for review of the order of the
Commission has been filed--
``(A) upon the expiration of the time allowed for filing a
petition for certiorari, if the order of the Commission has
been affirmed or the petition for review has been dismissed
by the court of appeals and no petition for certiorari has
been duly filed;
``(B) upon the denial of a petition for certiorari, if the
order of the Commission has been affirmed or the petition for
review has been dismissed by the court of appeals; or
``(C) upon the expiration of 30 days from the date of
issuance of a mandate of the Supreme Court directing that the
order of the Commission be affirmed or the petition for
review be dismissed.''.
(c) Divestiture Orders.--Section 5(g)(4) (15 U.S.C.
45(g)(4)) is amended to read as follows:
``(4) In the case of an order provision requiring a person,
partnership, or corporation to divest itself of stock, other
share capital, or assets, if a petition for review of such
order of the Commission has been filed--
``(A) upon the expiration of the time allowed for filing a
petition for certiorari, if the order of the Commission has
been affirmed or the petition for review has been dismissed
by the court of appeals and no petition for certiorari has
been duly filed;
``(B) upon the denial of a petition for certiorari, if the
order of the Commission has been affirmed or the petition for
review has been dismissed by the court of appeals; or
``(C) upon the expiration of 30 days from the date of
issuance of a mandate of the Supreme Court directing that the
order of the Commission be affirmed or the petition for
review be dismissed.''.
(d) Technical.--Paragraph (1) of section 5(g) (15 U.S.C.
45(g)(1)) is amended by striking ``; or'' and inserting a
period.
SEC. 7. CIVIL INVESTIGATIVE DEMANDS.
(a) Definitions.--Section 20(a) (15 U.S.C. 57b-1(a)) is
amended--
(1) in paragraph (2), by inserting ``or in any antitrust
violations'' immediately after ``section 5(a)(1))'';
(2) in paragraph (3), by inserting ``or any provisions
relating to antitrust violations'' immediately after
``section 5(a)(1))'';
(3) in paragraph (7), by inserting ``or any antitrust
violation'' immediately after ``section 5(a)(1))''; and
(4) by adding at the end the following new paragraph:
``(8) The term `antitrust violation' means any unfair
method of competition (within the meaning of section
5(a)(1)), any violation of the Clayton Act, any violation of
any other Federal statute that prohibits, or makes available
to the Commission a civil remedy with respect to, any
restraint upon or monopolization of interstate or foreign
trade or commerce, or any activity in preparation for a
merger, acquisition, joint venture, or similar transaction,
which if consummated, may result in such an unfair method of
competition or violation.''.
(b) Issuance of Demand.--(1) Section 20(c)(1) (15 U.S.C.
57b-1 (c)(1)) is amended--
(A) by inserting ``or tangible things'' immediately after
``documentary material'' the first place it appears;
(B) by inserting ``or to antitrust violations,''
immediately after ``section 5(a)(1)) ,''; and
(C) by inserting ``to submit such tangible things,''
immediately after ``copying or reproduction,''.
(2) Section 20(c) (15 U.S.C. 57b-1(c)) is amended--
(A) by redesignating paragraphs (4), (5), (6), (7), (8),
(9), (10), (11), and (12) as paragraphs (5), (6), (7), (8),
(9), (10), (11), (13), and (14), respectively;
(B) by inserting immediately after paragraph (3) the
following new paragraph:
``(4) Each civil investigative demand for the submission of
tangible things shall--
``(A) describe each class of tangible things to be
submitted under the demand with such definiteness and
certainty as to permit such things to be fairly identified;
``(B) prescribe a return date or dates which will provide a
reasonable period of time within which the things so demanded
may be assembled and submitted; and
``(C) identify the custodian to whom such things shall be
submitted.''; and
(C) by inserting immediately after paragraph (11), as so
redesignated, the following new paragraph:
``(12) The submission of tangible things in response to a
civil investigative demand shall be made under a sworn
certificate, in such form as the demand designates, by the
person to whom the demand is directed or, if not a natural
person, by any person having knowledge of the facts and
circumstances relating to such production, to the effect that
all of the tangible things required by the demand and in the
possession, custody, or control of the person to whom the
demand is directed have been submitted to the custodian.''.
(c) Section 20(g).--Section 20(g) (15 U.S.C. 57b-1(g)) is
amended by inserting ``, tangible things'' immediately after
``documentary material''.
(d) Applicability of Section 20.--Section 20(j)(1) (15
U.S.C. 57b-1(j)(1)) is amended by inserting immediately
before the semicolon the following: ``, any proceeding under
section 11(b) of the Clayton Act (15 U.S.C. 21(b)), or any
adjudicative proceeding under any other provision of law''.
SEC. 8. COMMISSION CUSTODY OF TANGIBLE THINGS.
Section 21 (15 U.S.C. 57b-2) is amended--
(1) in subsection (a)(1), by inserting ``tangible things,''
immediately after ``documentary material,'';
(2) in subsection (b)(1), by inserting ``, tangible
thing,'' immediately after ``document'';
(3) in subsection (b)(2)(A), by inserting ``tangible
things,'' immediately after ``documentary material,'';
(4) in subsection (b)(3)--
(A) in subparagraph (A), by inserting ``tangible things,''
immediately after ``documentary material,'';
(B) in subparagraph (B), by inserting ``, and may make
tangible things available,'' immediately after ``oral
testimony''; and by inserting ``, things,'' immediately after
``such material'';
(C) in subparagraph (C), by inserting ``tangible things,''
immediately after ``documentary material,'' and by inserting
``, things,'' immediately after ``material''; and
(D) in subparagraph (D), by inserting ``, tangible
things,'' immediately after ``documentary material'';
(5) in subsection (b)(4), by inserting ``tangible things,''
immediately after ``documentary material,'';
(6) in subsection (b)(5), by inserting ``tangible things,''
immediately after ``documentary material,'';
(7) in subsection (b)(6)--
(A) by inserting immediately after the first sentence the
following new sentence: ``The custodian of any tangible
things may make such things available for inspection to such
persons on the same basis.''; and
(B) by inserting ``results of inspections of tangible
things,'' immediately after ``Such documentary material,'';
and
[[Page 1350]]
(8) in subsection (b)(7), by inserting ``tangible things,''
immediately after ``documentary material,''.
SEC. 9. DEFINITION OF UNFAIR ACTS OR PRACTICES.
Section 5 (15 U.S.C. 45) is amended by adding at the end
the following:
``(n) The Commission shall have no authority under this
section or section 18 to declare unlawful an act or practice
on the grounds that such act or practice is unfair unless the
act or practice causes or is likely to cause substantial
injury to consumers which is not reasonably avoidable by
consumers themselves and not outweighed by countervailing
benefits to consumers or to competition. In determining
whether an act or practice is unfair, the Commission may
consider established public policies as evidence to be
considered with all other evidence. Such public policy
considerations may not serve as a primary basis for such
determination.''.
SEC. 10. PROCESS.
(a) Authority.--
(1) Advertisements in violation of section 12.--Section
13(a) (15 U.S.C. 53(a)) is amended by striking the last
sentence and inserting the following: ``Any suit may be
brought where such person, partnership, or corporation
resides or transacts business, or wherever venue is proper
under section 1391 of title 28, United States Code. In
addition, the court may, if the court determines that the
interests of justice require that any other person,
partnership, or corporation should be a party in such suit,
cause such other person, partnership, or corporation to be
added as a party without regard to whether venue is otherwise
proper in the district in which the suit is brought. In any
suit under this section, process may be served on any person,
partnership, or corporation wherever it may be found.''.
(2) Provisions enforced by Commission.--Section 13(b) (15
U.S.C. 53(b)) is amended by striking the last sentence and
inserting the following: ``Any suit may be brought where such
person, partnership, or corporation resides or transacts
business, or wherever venue is proper under section 1391 of
title 28, United States Code. In addition, the court may, if
the court determines that the interests of justice require
that any other person, partnership, or corporation should be
a party in such suit, cause such other person, partnership,
or corporation to be added as a party without regard to
whether venue is otherwise proper in the district in which
the suit is brought. In any suit under this section, process
may be served on any person, partnership, or corporation
wherever it may be found.''.
(b) Procedures.--Section 13 (15 U.S.C. 53) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting immediately after subsection (b) the
following new subsection:
``(c) Any process of the Commission under this section may
be served by any person duly authorized by the Commission--
``(1) by delivering a copy of such process to the person to
be served, to a member of the partnership to be served, or to
the president, secretary, or other executive officer or a
director of the corporation to be served;
``(2) by leaving a copy of such process at the residence or
the principal office or place of business of such person,
partnership, or corporation; or
``(3) by mailing a copy of such process by registered mail
or certified mail addressed to such person, partnership, or
corporation at his, or her, or its residence, principal
office, or principal place or business.
The verified return by the person serving such process
setting forth the manner of such service shall be proof of
the same.''.
SEC. 11. INTERVENTION BY COMMISSION IN CERTAIN PROCEEDINGS.
(a) Limitation on Use of Authorized Funds.--The Federal
Trade Commission shall not have any authority to use any
funds which are authorized to be appropriated to carry out
the Federal Trade Commission Act (15 U.S.C. 41 et seq.) for
fiscal years 1994, 1995, and 1996 for the purpose of
submitting statements to, appearing before, or intervening in
the proceedings of, any Federal or State agency or State
legislative body concerning proposed rules or legislation
that the agency or legislative body is considering unless the
Commission advises the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives regarding such
action as soon as possible.
(b) Contents of Notice to Congress.--The notice required in
subsection (a) shall include the name of the agency or
legislator involved, the date of such action, and a concise
statement regarding the nature and purpose of such action.
SEC. 12. RESOURCE ALLOCATION STUDY.
The Federal Trade Commission shall conduct an evaluation of
the level of its personnel resources and the manner in which
such resources are allocated. The Commission shall study--
(1) whether overall resources at the Commission are
adequate to fulfill the Commission's responsibilities in the
areas of competition and consumer protection;
(2) the distribution of personnel to individual offices of
commissioners, departments, bureaus, and other units within
the Commission, and whether the current allocation of
personnel most efficiently enables the Commission to fulfill
its statutory mandate;
(3) the number of personnel in supervisory positions,
contrasted with those personnel in nonsupervisory positions;
and
(4) whether the amount of workyears devoted to research
activities should be increased and what results (if any) such
an increase would produce.
The Commission shall transmit the results of such study,
together with any recommendations that the Commission
determines appropriate, to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Energy and Commerce of the House of Representatives not
later than 6 months after the date of enactment of this Act.
SEC. 13. FEDERAL-STATE COOPERATION.
The Federal Trade Commission shall review its statutory
responsibilities to identify those matters within its
jurisdiction where Federal enforcement is particularly
necessary or desirable and those areas that might more
effectively be enforced at the State or local level. In
identifying such areas, the Commission shall--
(1) consider the resources available to the Commission and
the States, as well as particular rules that have been
promulgated by the Commission;
(2) consult with the attorneys general of the States,
representatives of consumers and industry, and other
interested parties; and
(3) consider such other issues as will result in more
efficient implementation of the statutory responsibilities of
the Commission.
Not later than 6 months after the date of enactment of this
Act, the Commission shall transmit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of
Representatives the information identified in paragraphs (1)
through (3), together with specific recommendations for
methods of achieving greater cooperation between the
Commission and the States.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
Section 25 (15 U.S.C. 57c), as so redesignated by section 2
of this Act, is amended to read as follows:
``Sec. 25. There are authorized to be appropriated to carry
out the functions, powers, and duties of the Commission not
to exceed $92,700,000 for fiscal year 1994; not to exceed
$99,000,000 for fiscal year 1995; and not to exceed
$102,000,000 for fiscal year 1996.''.
SEC. 15. EFFECTIVE DATE; APPLICABILITY.
(a) In General.--Except as provided in subsections (b),
(c), (d), and (e), the provisions of this Act shall take
effect on the date of enactment of this Act.
(b) Applicability of Section 5.--The amendment made by
section 5 of this Act shall apply only to rulemaking
proceedings initiated after the date of enactment of this
Act. Such amendment shall not be construed to affect in any
manner a rulemaking proceeding which was initiated before the
date of enactment of this Act.
(c) Applicability of Section 6.--The amendments made by
section 6 of this Act shall apply only with respect to cease
and desist orders issued under section 5 of the Federal Trade
Commission Act (15 U.S.C. 45) after the date of enactment of
this Act. These amendments shall not be construed to affect
in any manner a cease and desist order which was issued
before the date of enactment of this Act.
(d) Applicability of Sections 7 and 8.--The amendments made
by sections 7 and 8 of this Act shall apply only with respect
to compulsory process issued after the date of enactment of
this Act.
(e) Applicability of Section 9.--The amendments made by
section 9 of this Act shall apply only with respect to cease
and desist orders issued under section 5 of the Federal Trade
Commission Act (15 U.S.C. 45), or to rules promulgated under
section 18 of the Federal Trade Commission Act (15 U.S.C.
57a) after the date of enactment of this Act. These
amendments shall not be construed to affect in any manner a
cease and desist order which was issued, or a rule which was
promulgated, before the date of enactment of this Act. These
amendments shall not be construed to affect in any manner a
cease and desist order issued after the date of enactment of
this Act, if such order was issued pursuant to remand from a
court of appeals or the Supreme Court of an order issued by
the Federal Trade Commission before the date of enactment of
this Act.
And the Senate agree to the same.
John D. Dingell,
Al Swift,
T.J. Manton,
Carlos J. Moorhead,
M.G. Oxley,
Managers on the Part of the House.
Ernest F. Hollings,
Wendell Ford,
Richard H. Bryan,
Jack Danforth,
Slade Gorton,
Managers on the Part of the Senate.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, recognized Mr. SWIFT
and Mr. MOORHEAD, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said conference report?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
[[Page 1351]]
the rules were suspended and said conference report was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said conference report was agreed to was, by unanimous consent, laid on
the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 82.9 warsaw uprising anniversary
Mr. HAMILTON moved to suspend the rules and pass the joint resolution
(H.J. Res. 388) recognizing the anniversaries of the Warsaw uprising and
the Polish resistance to the invasion of Poland during World War II.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, recognized Mr.
HAMILTON and Mr. BEREUTER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said joint resolution?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said joint resolution was passed.
A motion to reconsider the vote whereby the rules were suspended and
said joint resolution was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
Para. 82.10 u.s. troop withdrawal from berlin
Mr. HAMILTON moved to suspend the rules and agree to the following
resolution (H. Res. 476):
Whereas the people of the United States and Germany have
enjoyed warm and amicable relations for 5 decades;
Whereas throughout the Cold War the existence of a free and
democratic West Berlin served as a symbol of Western resolve
in the face of totalitarian aggression;
Whereas the armed forces of the United States have
maintained a continuous presence in defense of the city of
Berlin for 49 years;
Whereas, in 1948 and 1949, the United States came to the
assistance of the people of Berlin during the 462 days of the
Berlin airlift;
Whereas, following the construction of the Berlin wall, the
armed forces of the United States stationed in Berlin
demonstrated the American resolve to participate in the
defense of Western Europe;
Whereas the United States takes pride in having admirably
fulfilled its administrative responsibilities over its sector
in the city of Berlin;
Whereas the citizens of Berlin have reciprocated the United
States' commitment by demonstrating warm and genuine
hospitality and a willingness to integrate the American
community deeply into the life of the city;
Whereas the American people shared the joy of the German
people at the collapse of the Berlin wall and German
unification;
Whereas the termination of the Warsaw Pact and the
subsequent unification of Germany reduced the strategic
requirement for a continued United States military presence
in Berlin;
Whereas the United States Berlin Brigade, together with
French and British contingents stationed in Berlin, are now
preparing for their departure from Berlin; and
Whereas the history of friendly relations and longstanding
commercial and cultural bonds between the people of Berlin
and the United States form a sound basis for continued warm
and positive relations: Now, therefore, be it
Resolved, That the House of Representatives--
(1) congratulates the people of Germany on the unification
of the Nation and the city of Berlin as it prepares to resume
its position as the seat of government of united Germany;
(2) congratulates the armed forces of the United States,
civilian administrators, and the American people for 5
decades of sacrifice and steadfast support for the city of
Berlin;
(3) recognizes and salutes the contribution of British and
French allies in the defense of Berlin;
(4) reaffirms the North Atlantic Treaty Organization
obligations of the United States and America's continued
support for a free, democratic, and united Germany; and
(5) welcomes the further enrichment of the relationship
between the United States and the city of Berlin based on an
approach fostering new traditions in economic and cultural
links.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, recognized Mr.
HAMILTON and Mr. BEREUTER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said resolution?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that two-
thirds of the Members present had voted in the affirmative.
Mr. BEREUTER demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, pursuant to clause
5, rule I, announced that further proceedings on the motion were
postponed.
Para. 82.11 release of aung san suu kyi
Mr. PAYNE of New Jersey moved to suspend the rules and agree to the
following resolution (H. Res. 471); as amended:
Whereas in 1988, the Burmese regime brutally suppressed
nationwide pro-democracy demonstrations, resulting in the
deaths of several thousand people and the imprisonment of
several thousand others;
Whereas in 1989, the Burmese regime placed under house
arrest Anng San Suu Kyi, the daughter of Burma's founding
father and the most prominent figure in the pro-democracy
movement;
Whereas in May 1990, the Burmese people in free and fair
elections awarded over 80 percent of the National Assembly
seats to the National League for Democracy;
Whereas the military regime responded to this expression of
the will of the Burmese people not only by refusing to
relinquish power, but by further cracking down on opposition
politicians and those who supported democracy and human
rights in Burma;
Whereas the inhumane practices of the regime prompted a
quarter million Rohingya refugees to flee into Bangladesh,
where most remain today in refugee camps;
Whereas in 1991, Aung San Suu Kyi was awarded the Nobel
Peace Prize for her efforts on behalf of a peaceful
transition to democracy in Burma;
Whereas in 1993, several past winners of the Nobel Peace
Prize, having been denied permission to visit Burma, traveled
to Thailand to call for the release of Aung San Suu Kyi;
Whereas martial law remains in effect in Burma today, with
hundreds of political prisoners in custody, human rights
frequently violated, and national minorities driven into
exile;
Whereas the Government of Burma has denied international
humanitarian agencies free and confidential access to
prisoners;
Whereas credible reports continue to link Burmese
Government officials to the illegal trafficking into
Thailand, for purposes of forced prostitution, of
approximately 10,000 Burmese women and girls each year, many
of whom are deported back to Burma infected with the virus
that cause the acquired immune deficiency syndrome (commonly
referred to as the ``HIV virus'');
Whereas the national convention convened by the Burmese
Government in January 1993 to begin work on a new
constitution does not have the mandate of the Burmese people,
nor appear to be progressing toward putting political power
in the hands of a freely elected civilian government;
Whereas the United Nations Commission on Human Rights and
United Nations General Assembly have adopted consensus
resolutions deploring the human rights situation in Burma and
expressing grave concerns about the lack of progress toward
democracy as well as abuses such as summary and arbitrary
executions, torture, forced labor, and oppressive measures
against women and ethnic and religious minorities;
Whereas Burma has for many years been the world's largest
producer of opium and heroin;
Whereas the United States Government in each of the past 5
years has denied the Government of Burma certification under
chapter 8 of part I of the Foreign Assistance Act of 1961 due
to a lack of cooperation on narcotics control efforts;
Whereas the problem of drug production and trafficking in
Burma cannot be adequately addressed until there is a
restoration of democracy in that country;
Whereas credible reports continue to link Burmese
Government officials and military officers to drug
trafficking;
Whereas since 1988 the United States has been in the
forefront of international efforts to promote democracy and
human rights in Burma;
Whereas in 1992, the House of Representatives adopted House
Resolution 473, which condemned human rights abuses in Burma
and called upon the President to seek a mandatory
international arms embargo against Burma;
Whereas in fiscal year 1993 the Congress earmarked
$1,000,000 to support assistance for Burmese refugees and
students on both sides of the Thai/Burma border;
Whereas United States corporations are under increasing
pressure from stockholders to divest their holdings in Burma
and otherwise to refuse to do business in Burma so long as
the current military regime continues to abuse the political
and human rights of its people;
Whereas the Government of Thailand has invited the Burmese
regime to participate in some of the meetings of the
Association of Southeast Asian Nations (ASEAN) in July 1994;
Whereas the Government of Thailand has prohibited senior
officials of the National Coalition Government of the Union
of Burma from entering Thailand;
[[Page 1352]]
Whereas July 19, 1994, will mark the 5th anniversary of
Aung San Suu Kyi's imprisonment;
Whereas in March 1994 the United Nations Commission on
Human Rights noted measures taken by the Government of Burma
(including the reopening of universities, the release of over
2,000 political prisoners, the signing of a Memorandum of
Understanding providing for a United Nations Commission on
Human Rights presence in Arakan province to monitor the
voluntary repatriation and reintegration of Rohingya refugees
from Bangladesh, and the achievement of cease-fire agreements
with several ethnic and religious minority groups in Burma),
but at the same time deplored the continued seriousness of
the human rights situation in Burma; and
Whereas the Government of Burma has for the first time
permitted meetings between foreign visitors and political
prisoners (including Aung San Suu Kyi), but continues to deny
the United Nations special rapporteur access to Aung San Suu
Kyi: Now, therefore, be it
Resolved,
SECTION 1. ACTIONS THAT SHOULD BE TAKEN BY THE GOVERNMENT OF
BURMA.
It is the sense of the House of Representatives that the
Government of Burma should--
(1) immediately and unconditionally release Burma's
political prisoners, including Aung San Suu Kyi;
(2) permit the transfer of political power to an elected
civilian government based upon the results of the 1990
election;
(3) fully respect the human rights and fundamental freedoms
that are the birthright of all peoples;
(4) end the practice of forced labor, including portering
for the military;
(5) allow free and confidential access to all prisoners,
including prisoners of conscience, by international
humanitarian agencies;
(6) permit international human rights organizations regular
access to villages and detention centers to monitor the
repatriation of Burmese victims of illegal trafficking into
Thailand for purposes of forced prostitution;
(7) implement fully the Memorandum of Understanding with
United Nations Commission on Human Rights and create the
necessary conditions to ensure an end to the flows of
refugees to neighboring countries and to facilitate the
speedy repatriation and full reintegration, under conditions
of safety and dignity, of those who have already fled Burma;
(8) respect fully the obligations set forth in the 1949
Geneva Conventions, in particular the obligations in common
article III, and make use of such relief services as may be
offered by impartial humanitarian bodies; and
(9) take effective law enforcement actions against those
individuals within the Burmese Government (including the
Burmese military), as well as those outside the government,
who are engaged in the production and trafficking of illicit
narcotics.
SEC. 2. ACTIONS THAT SHOULD BE TAKEN BY THE GOVERNMENT OF THE
UNITED STATES.
It is further the sense of the House of Representatives
that the President, the Secretary of State, and other United
States Government officials and representatives should--
(1) urge the Government of Burma to release, immediately
and unconditionally, Aung San Suu Kyi and other political
prisoners;
(2) maintain the current United States ban on all forms of
nonhumanitarian assistance to Burma;
(3) disperse the funds previously appropriated to support
assistance for Burmese refugees and students along the Thai/
Burma border;
(4) maintain current limitations on the provision of
bilateral narcotics control assistance to the Government of
Burma until that government demonstrates a genuine commitment
to combating the scourge of illicit narcotics production and
trafficking while continuing, and if appropriate,
strengthening international efforts through the United
Nations Drug Control Program to reduce and eliminate the
massive heroin production and trade from Burma that now
threatens the world;
(5) continue to oppose loans to Burma in accordance with
chapter 8 of part I of the Foreign Assistance Act of 1961;
(6) consider imposing further economic sanctions against
Burma, and encourage other members of the international
community to take similar steps;
(7) elevate the issues of democracy and human rights in
Burma in the conduct of United States relations with other
members of the international community, particularly in
coordination with Japan, China, and the members of the
Association of Southeast Asian Nations;
(8) maintain United States support for the appointment by
the United Nations Secretary General of a special envoy to
focus on conflict resolution as the basis of national
reconciliation and the restoration of democracy in Burma;
(9) urge the Government of Thailand to work with the
Government of Burma to investigate the involvement of border
police in both countries in the illegal trafficking of women
and girls into Thailand for purposes of forced prostitution;
(10) ensure that, during the July 1994 Post-Ministerial
Conference of the Association of Southeast Asian Nations, the
Secretary of State calls on the members of the Association of
Southeast Asian Nations to support the international
consensus on Burma by urging the Government of Burma to
unconditionally release Aung San Suu Kyi and to indicate its
willingness to cooperate with a special envoy appointed by
the United Nations Secretary General;
(11) maintain the unilateral United States arms embargo
against Burma, and encourage the other members of the
international community, most particularly People's Republic
of China, Thailand, and the other members of the Association
of Southeast Asian Nations, to prohibit arms sales and
transfers to Burma;
(12) encourage other members of the international community
to halt all nonhumanitarian assistance to Burma or, at a
minimum, to condition any new official assistance on
significant progress by the Government of Burma toward
respecting the human rights and fundamental freedoms of its
people;
(13) encourage the legislatures of other nations to call
for the restoration of a democratic government in Burma,
including the release from prison of Aung San Suu Kyi and the
other parliamentarians elected in 1990; and
(14) continue to encourage the United Nations and its
specialized agencies operating in Burma--
(A) to use particular care to ensure that their activities
meet basic human needs, do not benefit the present military
regime in Rangoon, and promote the enjoyment of
internationally recognized human rights, and
(B) to work through nongovernmental organizations to the
greatest possible extent.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, recognized Mr. PAYNE
of New Jersey and Mr. BEREUTER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said resolution, as
amended?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said resolution, as amended, was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said resolution, as amended, was agreed to was, by unanimous consent,
laid on the table.
Para. 82.12 democracy in nigeria
Mr. PAYNE of New Jersey moved to suspend the rules and agree to the
following concurrent resolution (H. Con. Res. 151); as amended:
Whereas the people of the Federal Republic of Nigeria and
the international community had been led to believe that the
presidential election held in Nigeria on June 12, 1993, would
result in a return to full democratic civilian rule in
Nigeria;
Whereas General Ibrahim Babangida, the head of Nigeria's
military government at the time of the June 12, 1993,
election, interrupted the release of the election results on
June 23, 1993, and later annulled the election, thereby
preventing a return to civilian rule;
Whereas the election process indicated that voters in
Nigeria--a country with a population of approximately
90,000,000 individuals comprising 250 ethnic groups and
spread across 357,000 square miles--were expressing a spirit
of national unity that transcended ethnic, religious, and
regional allegiances;
Whereas reported returns suggested that Moshood Abiola of
the Social Democratic Party was receiving a substantial
majority of the votes cast, leading the poll in 20 of the 30
states in Nigeria;
Whereas the annulment of the presidential elections
resulted in various forms of civil unrest, which in turn led
to the death of more than 100 individuals;
Whereas an interim government established by General
Babangida on August 27, 1993, and headed by Ernest Shonekan,
failed to win the support of the Nigerian people;
Whereas General Sani Abacha took power on November 17,
1993, appointing an unelected provisional ruling council to
govern Nigeria;
Whereas General Abacha and the provisional ruling council,
upon taking power, stated their commitment to an early return
to civilian and democratic rule, and named several prominent
democratic political figures to serve in the government;
Whereas the political and economic conditions in Nigeria
have continued to deteriorate in the months since Abacha took
control of the country;
Whereas the faith of the Nigerian people in the viability
of the nation as a unified whole must be preserved, and the
balkanization of Nigeria guarded against;
Whereas the people of Nigeria have not accepted the
continuation of military rule and have courageously spoken
out in favor of the rapid return of democratic and civilian
rule;
Whereas on May 15, 1994, a broad coalition of Nigerian
democrats formed the National Democratic Coalition calling
upon the military government to step down in favor of the
winner of the June 12, 1993, election;
Whereas the confidence of the Nigerian people and the
international community in the provisional ruling council's
commitment
[[Page 1353]]
to the restoration of democracy can only be established by a
sustained demonstration of a commitment to human rights, due
process, and the return of civilian rule;
Whereas the United States would prefer to have a
relationship with Nigeria based upon cooperation and mutual
support but cannot, and will not, condone or overtook the
denial of democratic civilian rule--against the clear wishes
of the Nigerian people--by the provisional ruling council or
any other body in Nigeria;
Whereas the lack of support from the Nigerian authorities
on drug trafficking issues has recently forced the United
States to place Nigeria on the list of countries penalized
for failure to seriously address the narcotics proliferation
issue;
Whereas continuing credible reports of widespread
corruption and questionable business practices in the
Nigerian Government, and the lack of cooperation in
addressing these problems by the Nigerian Government, further
undermines Nigeria's credibility in the international
community;
Whereas the steps taken by the international community in
response to the refusal of the Nigerian military to
relinquish power serve both to encourage the people of
Nigeria in their legitimate struggle for democracy and to
limit the ability of the military to entrench its rule; and
Whereas Nigeria's leadership role on the African continent
and its international influence will be severely compromised
by its failure to rejoin the world community of democratic
nations: Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That the Congress--
(1) continues to support the Nigerian people in their
commitment to unity and democracy as evidenced by their
participation in the June 12, 1993, presidential election in
the Federal Republic of Nigeria, and in their subsequent
insistence on the return to full civilian and democratic
rule;
(2) endorses the steps taken by President Clinton and the
Administration--specifically the restrictions on assistance
to agencies of the Nigerian Government, the suspension of
military cooperation between the United States and Nigeria,
the restrictions on travel to the United States by officials
of the Nigerian military regime, and the insistence that full
normalization of United States--Nigeria relations depends
upon the restoration of civilian democratic rule--to
demonstrate United States opposition to the annulment of such
election and to encourage the restoration of fully democratic
and civilian rule in Nigeria;
(3) urges the Administration to continue all actions
designed to encourage the restoration of civilian rule in
Nigeria, especially the restriction on travel to the United
States by officials of the military regime, until concrete
and significant steps have been taken toward a genuine
transition to a democratically elected civilian government in
Nigeria;
(4) encourages the Administration to explore additional
measures that might be taken, either unilaterally, in
cooperation with other nations, or through multilateral
institutions such as the International Monetary Fund and the
International Bank for Reconstruction and Development, to
constructively encourage the restoration of democratic and
civilian rule in Nigeria;
(5) requests that United States officials, both in the
United States and in Nigeria, consistently reiterate United
States insistence upon the rapid return of civilian and
democratic rule in Nigeria, and that United States Government
agencies such as the United States Information Agency and the
Agency for International Development, as well as publicly
supported agencies such as the National Endowment for
Democracy, should provide support for activities aimed at
strengthening democratic forces and democratic institutions
in Nigeria;
(6) condemns the recent arrests by the Nigerian military
authorities of Chief Abiola and other political leaders and
democracy advocates, as well as the new restrictions imposed
on freedom of expression; and
(7) urges General Abacha and the provisional ruling council
in Nigeria, in order to maintain the viability of Nigeria and
restore political stability and to avert the further
deterioration of relations between Nigeria and the United
States, to--
(A) fully restore freedom of the press, with access to all
contemporary political and electoral information, fully
respect human rights, and fully restore the independence and
authority of the judiciary in Nigeria;
(B) immediately release Chief Abiola and the other
political leaders and human rights activists who have been
arrested or detained;
(C) decisively move to resolve the political crisis in
Nigeria by setting up a rapid timetable for the full
restoration of civilian and democratic rule, unencumbered by
the military; and
(D) positively respond to United States and other
international efforts to constructively encourage the
restoration of democracy in Nigeria.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, recognized Mr. PAYNE
of New Jersey and Mr. BEREUTER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution, as amended?
The SPEAKER pro tempore, Mr. WATT, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution, as amended, was
agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said concurrent resolution, as amended, was agreed to was, by unanimous
consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
Para. 82.13 auburn indian restoration
Mr. JOHNSON of South Dakota moved to suspend the rules and pass the
bill (H.R. 4228) to extend Federal recognition to the United Auburn
Indian Community of the Auburn Rancheria of California; as amended.
The SPEAKER pro tempore, Mr. WATT, recognized Mr. JOHNSON of South
Dakota and Mr. THOMAS of Wyoming, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. WATT, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 82.14 indians dams safety
Mr. JOHNSON of South Dakota moved to suspend the rules and pass the
bill (H.R. 1426) to provide for the maintenance of dams located on
Indian lands by the Bureau of Indian Affairs or through contracts with
Indian tribes; as amended.
The SPEAKER pro tempore, Mr. WATT, recognized Mr. JOHNSON of South
Dakota and Mr. THOMAS of Wyoming, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. WATT, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 82.15 recess--1:18 p.m.
The SPEAKER pro tempore, Mr. WATT, pursuant to clause 12 of rule I,
declared the House in recess at 1 o'clock and 18 minutes p.m., until
4:45 p.m.
Para. 82.16 after recess--4:45 p.m.
The SPEAKER pro tempore, Mr. McDERMOTT, called the House to order.
Para. 82.17 recess--4:46 p.m.
The SPEAKER pro tempore, Mr. McDERMOTT, pursuant to clause 12 of rule
I, declared the House in recess at 4 o'clock and 46 minutes p.m., until
5:45 p.m.
Para. 82.18 after recess--5:45 p.m.
The SPEAKER pro tempore, Mr. MONTGOMERY, called the House to order.
Para. 82.19 appointment of additional conferees--h.r. 820
The SPEAKER pro tempore, Mr. MONTGOMERY, by unanimous consent and
pursuant to clause 6(f) of rule X, announced the appointment of the
following Members as additional conferees on the part of the House to
the conference with the Senate on the disagreeing votes of the two
Houses on the amendment of the Senate to the bill (H.R 820) to amend the
Stevenson-Wydler Technology Innovation Act of 1980 to enhance
manufacturing technology development and transfer, to authorize
appropriations for the Technology Administration of the Depart-
[[Page 1354]]
ment of Commerce, including the National Institute of Standards and
Technology, and for other purposes:
As additional conferees from the Committee on Energy and Commerce for
consideration of sections 410 and 413 of the House bill, and sections
606-07, 701 of the Senate amendment; and for the following provisions
of titles II and IV of the House bill and titles II and IV of the
Senate amendment and modifications committed to conference to the
extent to which they relate to the replication of proven technologies:
that portion of section 202 of the House bill which adds section 301(d)
to the Stevenson-Wydler Technology Innovation Act of 1980; section 203
of the House bill; section 401 of the House bill; those provisions of
section 211 of the Senate amendment which amend the Stevenson-Wydler
Act Technology Innovation Act of 1980 by adding subsection 102(b) and
section 103; those provisions of section 212 of the Senate amendment
which amend the National Institute of Standards and Technology Act by
adding new subsections 24(e)(2)(J), 24(f)(3), 24(f)(7), and 24(g)(1);
those portions of section 214 of the Senate amendment which amend the
National Institute of Standards and Technology Act by adding a new
subsection 25(a)(7) and 25(b)(3); section 216 of the Senate amendment;
and section 401 of the Senate amendment: Mr. Dingell, Mrs. Collins of
Illinois, and Mr. Moorhead.
As an additional conferee for consideration of those portions of
section 206 of the House bill which add sections 4(20), (21) and (22)
to the Stevenson-Wydler Technology Innovation Act of 1980, and
modifications committed to conference: Mr. Manton.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 82.20 dod authorization
On motion of Mr. DELLUMS, by unanimous consent, the bill of the Senate
(S. 2182) to authorize appropriations for fiscal year 1995 for military
activities of the Department of Defense, for military construction, and
for defense programs of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for other
purposes; was taken from the Speaker's table.
When said bill was considered and read twice.
Mr. DELLUMS submitted the following amendment which was agreed to:
Strike out all after the enacting clause and insert the provisions of
H.R. 4301 as passed by the House.
The bill, as amended, was ordered to be read a third time, was read a
third time by title, and passed.
A motion to reconsider the vote whereby said bill, as amended, was
passed was, by unanimous consent, laid on the table.
When on motion of Mr. DELLUMS, it was,
Resolved, That the House insist upon its amendment and request a
conference with the Senate on the disagreeing votes of the two Houses
thereon.
Ordered, That the Clerk notify the Senate thereof.
Para. 82.21 motion to instruct conferees--s. 2182
Mr. SPENCE moved that the managers on the part of the House at the
conference on the disagreeing votes of the two Houses on the amendment
of the House to S. 2182, be instructed to insist upon the provisions
contained in section 1044 of the House amendment to the text.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that the yeas had
it.
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
Para. 82.22 appointment of conferees--s.2182
Thereupon, the SPEAKER pro tempore, Mr. MONTGOMERY, by unanimous
consent, announced the appointment of the following Members as managers
on the part of the House at said conference:
From the Committee on Armed Services, for consideration of the entire
Senate bill and the entire House amendment, and modifications committed
to conference:
Mr. Dellums, Mr. Montgomery, Mrs. Schroeder, Messrs. Hutto, Skelton,
and McCurdy, Mrs. Lloyd, and Messrs. Sisisky, Spratt, McCloskey, Ortiz,
Pickett, Lancaster, Evans, Bilbray, Tanner, Browder, Meehan, Spence,
Stump, Hunter, Kasich, Bateman, Hansen, Weldon, Kyl, Dornan, Hefley,
Machtley, and Saxton.
As additional conferees from the Permanent Select Committee on
Intelligence, for consideration of matters within the jurisdiction of
that committee under clause 2 of Rule XLVIII:
Messrs. Glickman, Richardson, and Combest.
As additional conferees from the Committee on Education and Labor,
for consideration of sections 337, 346-47, 643, 924, 1051, and 1082 of
the Senate bill and sections 351-54, 1133, 1136, 1138, and 1151 of the
House amendment, and modifications committed to conference:
Messrs. Ford of Michigan, Clay, Williams, Goodling, and Gunderson.
As additional conferees from the Committee on Energy and Commerce,
for consideration of sections 142, 324, 708, 2821(e)(3), 2849, 3151,
3155, 3157-58, 3160, and 3201 of the Senate bill and sections 1055,
3201, and 3502 of the House amendment, and modifications committed to
conference:
Messrs. Dingell, Sharp, Swift, Moorhead, and Bilirakis.
Provided, Mr. Waxman is appointed in lieu of Mr. Swift and Mr. Bliley
is appointed in lieu of Mr. Bilirakis solely for the consideration of
section 708 of the Senate bill.
Provided, Mr. Oxley is appointed in lieu of Mr. Bilirakis solely for
the consideration of sections 324, 2821(e)(3), 2849, and 3157 of the
Senate bill and section 1055 of the House amendment.
As additional conferees from the Committee on Foreign Affairs, for
consideration of sections 221-22, 225, 241, 251, 354, 823, 1012,
1013(b), 1014, 1015(a), 1016-18, 1021(a), 1021(b), 1022-23, 1024(c),
1031-32, 1041, 1065, 1070, 1074, 1078-79, 1088, 1092, and 1097 of the
Senate bill and sections 1011(a), 1022-25, 1038, 1041, 1043, 1046-49,
1052, 1054, 1058-60, 1201-14, and 1401-04 of the House amendment, and
modifications committed to conference:
Messrs. Hamilton, Gejdeson, Lantos, Gilman, and Goodling.
As additional conferees from the Committee on Government Operations,
for consideration of sections 824, 2812(c), 2827, and 3161 of the
Senate bill and modifications committed to conference:
Messrs. Conyers, Towns, Synar, Clinger, and McCandless.
As additional conferees from the Committee on the Judiciary, for
consideration of sections 1052-53, 1089, and 3505 of the Senate bill
and modifications committed to conference:
Messrs. Brooks, Hughes, Mazzoli, Sensenbrenner, and McCollum.
As additional conferees from the Committee on Merchant Marine and
Fisheries, for consideration of sections 357, 601, 654, 2206, 2825,
3134, and 3501-05 of the Senate bill and sections 522-23, 527, 531,
601-02, 1137, and 3134 of the House amendment, and modifications
committed to conference:
Messrs. Studds, Hughes, Tauzin, Fields of Texas, and Coble.
As additional conferees from the Committee on Natural Resources, for
consideration of section 2853 of the House amendment and modifications
committed to conference:
Messrs. Miller of California, Vento, Abercrombie, Young of Alaska,
and Duncan.
As additional conferees from the Committee on Post Office and Civil
Service, for consideration of sections 331-334, 346, 636, 901, 1080,
1087, 1090, and 3158 of the Senate bill and sections 165, 351, 375,
1031, and 2816 of the House amendment, and modifications committed to
conference:
Mr. Clay, Mr. McCloskey, Ms. Norton, Mr. Myers of Indiana, and Mrs.
Morella.
As additional conferees from the Committee on Public Works and
Transportation, for consideration of sections 324, 1086, and 2827 of
the Senate bill and section 3402 of the House amendment, and
modifications committed to conference:
[[Page 1355]]
Messrs. Mineta, Applegate, Traficant, Shuster, and Clinger.
Provided that Mr. Duncan is appointed in lieu of Mr. Clinger solely
for the consideration of section 2827 of the Senate bill.
As additional conferees from the Committee on Science, Space, and
Technology, for consideration of sections 232-33, 243, 249, and 3141 of
the Senate bill and sections 211(a), 211(b), 216(a), 216(b), 216(c),
216(e), 217-18, 223(a), 1112-15, and 3141 of the House amendment, and
modifications committed to conference:
Messrs. Brown of California, Valentine, Scott, Walker, and
Rohrabacher.
As additional conferees from the Committee on Veterans' Affairs, for
consideration of section 641 of the Senate bill and modifications
committed to conference:
Messrs. Montgomery, Slattery, Applegate, Stump, and Bilirakis.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 82.23 notice requirement--motion to instruct conferees--h.r. 3355
Mr. GEKAS, pursuant to clause 1(c) of rule XXVIII, announced his
intention to instruct the managers on the part of the House at the
conference with the Senate on the disagreeing votes of the two Houses on
the bill on the House amendment to the Senate amendment to the bill
(H.R. 3355) to amend the Omnibus Crime Control and Safe Streets Act of
1968 to allow grants to increase police presence, to expand and improve
cooperative efforts between law enforcement agencies and members of the
community to address crime and disorder problems, and otherwise to
enhance public safety, be instructed to insist upon the House passed
language regarding ``Return of a Finding Concerning a Sentence of
Death'' contained in section 3593(e) of title VII and ``Review of a
Sentence of Death'' contained in section 3595 of such title.
Para. 82.24 providing for a closed conference--h.r. 2182
Mr. DELLUMS moved, pursuant to clause 6, rule XXVIII, that the
conference committee meetings between the House and Senate on the bill
(S. 2182) to authorize appropriations for fiscal year 1995 for military
activities of the Department of Defense, for military construction, and
for defense programs of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for other
purposes; be closed to the public at such times as classified national
security information is under consideration, provided, however, that any
sitting Member of Congress shall have the right to attend any closed or
open meeting.
The question being put,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that a roll call
was required under clause 6, rule XXVIII, and the call was taken by
electronic device.
It was decided in the
Yeas
363
<3-line {>
affirmative
Nays
1
Para. 82.25 [Roll No. 350]
YEAS--363
Abercrombie
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (OH)
Bryant
Bunning
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Castle
Chapman
Clay
Clayton
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gilman
Gonzalez
Goodlatte
Goodling
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inslee
Istook
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lucas
Maloney
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meek
Menendez
Meyers
Mfume
Michel
Miller (CA)
Mineta
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Myers
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ravenel
Reed
Regula
Reynolds
Richardson
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Sharp
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Stump
Stupak
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Towns
Traficant
Unsoeld
Upton
Valentine
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Williams
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--1
DeFazio
NOT VOTING--70
Ackerman
Applegate
Baker (LA)
Becerra
Blackwell
Brown (CA)
Brown (FL)
Burton
Carr
Clement
Conyers
Cooper
Dickey
Engel
Ford (MI)
Ford (TN)
Frank (MA)
Gallegly
Gallo
Gekas
Gillmor
Gingrich
Glickman
Gordon
Hansen
Hastings
Hoagland
Inglis
Inhofe
Jacobs
Johnston
Kingston
Kleczka
Lowey
Machtley
Mann
McCandless
Meehan
Mica
Miller (FL)
Minge
Murtha
Nadler
Orton
Owens
Porter
Ramstad
Rangel
Ridge
Rose
Rostenkowski
Santorum
Schaefer
Serrano
Shepherd
Slattery
Slaughter
Studds
Sundquist
Swett
Taylor (NC)
Torricelli
Tucker
Velazquez
Washington
Weldon
Wheat
Whitten
Wilson
Wise
So the motion was agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
Para. 82.26 order of business--postponement of vote
The SPEAKER pro tempore, Mrs. THURMAN, pursuant to clause 5(b)(1) of
rule I, announced that further proceedings on the resolution (H. Res.
476) congratulating the people of Germany and the citizens of Berlin on
the occasion of the withdrawal of United States troops from Berlin, and
reaffirming United States-Berlin friendship; was postponed until
Tuesday, July 26, 1994.
Para. 82.27 crime prevention month
On motion of Mr. WYNN, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the joint resolution (H.J. Res. 363) to designate October 1994 ``Crime
Prevention Month''.
When said joint resolution was considered, read twice, ordered to be
engrossed and read a third time, was read a third time by title, and
passed.
[[Page 1356]]
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
Para. 82.28 national neighborhood crime watch day
On motion of Mr. WYNN, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the joint resolution (H.J. Res. 374) designating August 2, 1994, as
``National Neighborhood Crime Watch Day''.
When said joint resolution was considered, read twice, and ordered to
be engrossed.
Mr. WYNN submitted the following amendment to the preamble, which was
agreed to:
In the last whereas clause strike ``8 to 9'' and insert ``9
to 10''.
The joint resolution, as amended, was ordered to be read a third time,
was read a third time by title, and passed.
A motion to reconsider the votes whereby said joint resolution was
passed and the preamble was amended was, by unanimous consent, laid on
the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
Para. 82.29 bills presented to the president
Mr. ROSE, from the Committee on House Administration, reported that
that committee did on the following dates present to the President, for
his approval, bills of the House of the following titles:
On July 21, 1994:
H.R. 572. An Act for the relief of Melissa Johnson;
H.R. 1346. An Act to designate the Federal building located
on St. Croix, Virgin Islands, as the ``Almeric L. Christian
Federal Building'';
H.R. 1873. An Act to require certain payments made to
victims of Nazi persecution to be disregarded in determining
eligibility for and the amount of benefits or services based
on need;
H.R. 2532. An Act to designate the Federal building and
United States courthouse in Lubbock, Texas, as the ``George
H. Mahon Federal Building and United States Courthouse'';
H.R. 3770. An Act to designate the United States courthouse
located at 940 Front Street in San Diego, California, and the
Federal building attached to the courthouse as the ``Edward
J. Schwartz Courthouse and Federal Building'';
H.R. 3840. An Act to designate the Federal building and
United States Courthouse located at 100 East Houston Street
in Marshall, Texas, as the ``Sam B. Hall, Jr. Federal
Building and United States Courthouse.''
On July 22, 1994:
H.R. 4322. An Act to amend the Small Business act to
increase the authorization for the development company
program, and for other purposes.
Para. 82.30 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. TUCKER, for today;
To Mr. LEHMAN, for today; and
To Mr. CLEMENT, for today after 5:45 p.m.
And then,
Para. 82.31 adjournment
On motion of Mr. BUYER, pursuant to the special order agreed to on
July 22, 1994, at 9 o'clock and 10 minutes p.m., the House adjourned
until 10 o'clock a.m. on Tuesday, July 26, 1994.
Para. 82.32 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. MILLER of California: Committee on Natural Resources.
H.R. 4228. A bill to extend Federal recognition to the United
Auburn Indian Community of the Auburn Rancheria of
California; with an amendment (Rept. No. 103-619). Referred
to the Committee of the Whole House on the State of the
Union.
Mr. MILLER of California: Committee on Natural Resources.
S. 1066. An Act to restore Federal services to the Pokagon
Band of Potawatomi Indians (Rept. No. 103-620). Referred to
the Committee of the Whole House on the State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
S. 1357. An Act to reaffirm and clarify the Federal
relationships of the Little Traverse Bay Bands of Odawa
Indians and the Little River Band of Ottawa Indians as
distinct federally recognized Indian tribes, and for other
purposes (Rept. No. 103-621). Referred to the Committee of
the Whole House on the state of the Union.
Para. 82.33 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. SYNAR (for himself and Mr. Lucas):
H.R. 4821. A bill to establish the Honey Springs National
Battlefield and Washita Battlefield National Historic Site in
the State of Oklahoma, and for other purposes; to the
Committee on Natural Resources.
By Mr. SHAYS (for himself, Mr. Swett, Mr. Dickey, Mr.
Mann, Mrs. Fowler, Mr. McHale, Mr. Bartlett of
Maryland, Mr. Torkildsen, Mr. McKeon, Ms. Shepherd,
and Mr. Fingerhut):
H.R. 4822. A bill to make certain laws applicable to the
legislative branch of the Federal Government; jointly, to the
Committees on House Administration, Education and Labor,
Government Operations, Rules, and the Judiciary.
By Mr. ANDREWS of Texas:
H.R. 4823. A bill to amend the Internal Revenue Code of
1986 to encourage the preservation of Civil War battlefields
for public purposes; to the Committee on Ways and Means.
By Mr. DORNAN (for himself, Mr. Doolittle, Mr. Crane,
Mr. Smith of New Jersey, Mr. Stearns, Mr. Solomon,
Mr. Santorum, Mr. Livingston, Mr. McHugh, Mr.
Lipinski, and Mr. Hyde):
H.R. 4824. A bill to amend title 18, United States Code, to
prevent the misuse of certain antiracketeering laws; to the
Committee on the Judiciary.
By Mr. MURPHY:
H.R. 4825. A bill to amend title 5, United States Code, to
establish procedures for the handling of claims for
compensation for work injuries; to the Committee on Education
and Labor.
By Mr. SCHIFF:
H.R. 4826. A bill to amend the Wilderness Act to permit the
landing of aircraft within wilderness areas for purposes of
search and rescue under certain circumstances; to the
Committee on Natural Resources.
By Mr. SENSENBRENNER:
H.R. 4827. A bill to prohibit acquisitions of land or
waters for the National Wildlife Refuge System if wildlife
refuge revenue sharing payments have not been made for the
preceding fiscal year; jointly, to the Committees on Merchant
Marine and Fisheries and Natural Resources.
By Ms. SLAUGHTER (for herself, Mr. McCollum, Mr.
Ackerman, Ms. Eddie Bernice Johnson of Texas, and Mr.
Nadler):
H.R. 4828. A bill to improve the regulation of explosives
and explosive materials, and to prevent the use of explosives
against persons and the unlawful use of explosives against
property; to the Committee on the Judiciary.
By Mr. HOYER (for himself, Mr. Porter, Mr. Frost, Mr.
Smith of New Jersey, Mr. Wolf, Mr. Johnson of South
Dakota, Mr. Pastor, Mr. Waxman, Mr. Moran, Mr.
Berman, Ms. Slaughter, Mr. Hochbrueckner, Mr. Orton,
Mr. Richardson, Mr. Flake, Mr. Lantos, Mr. Bateman,
Mr. Towns, Mr. Wilson, Mr. Torricelli, Mr. Serrano,
Mr. Hastings, Mr. Lipinski, Mr. Gordon, Mr. Walsh,
Mr. McNulty, Mr. Gilman, Ms. DeLauro, Mr. Cardin, Mr.
Fish, Mr. Clement, Mr. Swett, Mrs. Meyers of Kansas,
Mr. Lancaster, Mr. Dellums, Mr. Hughes, Mr. Ackerman,
Mr. Lehman, Mr. McCloskey, Mr. Bilbray, Ms. Norton,
Mr. Markey, Mr. Applegate, Mr. DeFazio, and Mr.
Romero-Barcelo):
H.J. Res. 393. Joint resolution to designate August 1,
1994, as ``Helsinki Human Rights Day''; jointly, to the
Committees on Post Office and Civil Service and Foreign
Affairs.
By Mr. ANDREWS of New Jersey (for himself and Mr.
Meehan):
H. Con. Res. 271. Concurrent resolution expressing the
sense of the Congress regarding the termination of subsidies
for the export of durum wheat from the United States; to the
Committee on Agriculture.
By Mr. TOWNS (for himself, Mr. Nadler, and Mr. Gilman):
H. Con. Res. 272. Concurrent resolution calling upon the
Secretary of State to instruct the American Embassy and
Consular officials throughout the world to convey the concern
of the American people over the desecration of the dead and
to assist groups and individuals who seek to protect the
integrity of cemeteries and the repose of the dead; to the
Committee on Foreign Affairs.
By Mr. SWIFT:
H. Res. 488. Resolution providing for the concurrence by
the House, with an amendment, in the amendment by the Senate
to the bill H.R. 868; considered under suspension of the
rules and agreed to.
By Mr. CONDIT (for himself, Mr. Clinger, Mr. Peterson
of Minnesota, Mr. Roberts, Mr. Penny, Mr. Schiff, Mr.
Pete Geren of Texas, Mr. Mica, Mr. Portman, Mr.
Hayes, Mr. Castle, Mr. Stenholm, Mr. Pombo, and Mrs.
Thurman):
H. Res. 489. Resolution providing for the consideration of
the bill (H.R. 140) to end the practice of imposing unfunded
Federal mandates on States and local governments and to
ensure that the Federal Government pays the costs incurred by
those governments in complying with certain requirements
under Federal statutes and regulations; to the Committee on
Rules.
[[Page 1357]]
Para. 82.34 memorials
Under clause 4 of rule XXII,
454. The SPEAKER presented a memorial of the Legislature of
the State of Louisiana, relative to suspension of the
enhanced automobile inspection and maintenance program; which
was referred to the Committee on Energy and Commerce.
Para. 82.35 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 24: Mr. Lazio.
H.R. 70: Mr. Coppersmith.
H.R. 193: Mr. Armey, Mr. Baker of Louisiana, Mr. Ballenger,
Mr. Calvert, Mr. Canady, Mr. Crane, Mr. Doolittle, Mr. Ewing,
and Mr. Hyde.
H.R. 643: Ms. Schenk.
H.R. 688: Mr. Bachus of Alabama, Mr. McDade, Mr.
Livingston, and Mr. Kingston.
H.R. 790: Ms. Schenk.
H.R. 998: Ms. Schenk.
H.R. 1572: Mr. Talent.
H.R. 1621: Ms. Schenk.
H.R. 1673: Ms. Schenk.
H.R. 2036: Mr. Schaefer.
H.R. 2088: Mr. Deutsch, Mr. Hoagland, and Mr. Rahall.
H.R. 2132: Mr. Kennedy.
H.R. 2365: Mr. McHale.
H.R. 2420: Mr. Johnson of Georgia, Mr. Skelton, Mr.
Gingrich, and Mr. Ackerman.
H.R. 2427: Mr. Ballenger.
H.R. 2467: Mr. Cunningham.
H.R. 2767: Ms. Slaughter.
H.R. 2873: Mr. Payne of Virginia.
H.R. 2959: Mr. Steans, Mr. Gilchrest, Mr. Hyde, Mr. Rahall,
Mr. Frost, and Mr. Porter.
H.R. 3207: Mr. Hoagland.
H.R. 3263: Mr. Abercrombie, Mr. Rangel, Ms. Eddie Bernice
Johnson of Texas, Mrs. Collins of Illinois, Mr. Klein, and
Mr. Kreidler.
H.R. 3293: Mr. Gunderson.
H.R. 3305: Mr. DeFazio.
H.R. 3407: Mr. Coleman, Mr. Neal of North Carolina, Mr.
Levy, and Mr. Gejdenson.
H.R. 3475: Mr. Filner, Mr. Zimmer, Mr. Towns, and Ms.
Lowey.
H.R. 3642: Mr. Gejdenson, Mr. Doolittle, Mr. McClosky, and
Mrs. Unsoeld.
H.R. 3673: Mr. McHugh.
H.R. 3687: Mr. Coppersmith.
H.R. 3705: Mr. Pete Geren of Texas.
H.R. 3769: Mr. Brown of Ohio.
H.R. 3873: Mr. Tucker.
H.R. 3928: Mr. Doolittle, Mr. Baker of California, Mr.
Pombo, Mr. Crapo, Mr. Hunter, Mr. Saxton, Mr. Hall of Texas,
Mr. Clement, Mr. Parker, Mr. Thomas of California, Mr.
Gilman, Mr. Dooley, Mr. Moorhead, Mr. Dreier, Mr. Gilchrest,
Mr. Kim, Mr. Horn, and Mr. Smith of Oregon.
H.R. 3990: Mr. Applegate, Ms. Brown of Florida, Mr.
Lightfoot, Mr. Moran, and Mr. Williams.
H.R. 3994: Mr. Filner.
H.R. 4051: Mr. Jefferson and Mr. Oberstar.
H.R. 4056: Mr. Traficant and Ms. Schenk.
H.R. 4062: Mr. Torkildsen.
H.R. 4300: Mr. Kreidler.
H.R. 4474: Mr. Mann, Mr. Bachus of Alabama, and Mr. Weldon.
H.R. 4589: Mr. Packard, Mr. Gilman, and Mr. Weldon.
H.R. 4592: Mr. Hutchinson.
H.R. 4617: Mr. Washington.
H.R. 4645: Mrs. Clayton.
H.R. 4657: Mr. Klug and Mr. Paxon.
H.R. 4695: Mr. Sawyer and Mr. Frank of Massachusetts.
H.R. 4737: Mr. Vento.
H.R. 4790: Mr. Clay, Mr. Wheat, Mr. Skelton, Mr. Emerson,
Mr. Volkmer, Ms. Danner, Mr. Talent, and Mr. Hancock.
H.R. 4799: Mr. Studds.
H.J. Res. 388: Mr. Hochbrueckner and Mr. King.
H. Res. 255: Mr. Bereuter and Mr. Stearns.
H. Res. 270: Mr. Livingston.
H. Res. 434: Mr. Zimmer.
Para. 82.36 petitions, etc.
Under clause 1 of rule XXII,
115. The SPEAKER presented a petition of the Legislature of
Rockland County, NY, relative to the Health Research Act of
1994; which was referred to the Committee on Energy and
Commerce.
.
TUESDAY, JULY 26, 1994 (83)
The House was called to order by the SPEAKER.
Para. 83.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Monday, July 25, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 83.2 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate has passed with amendments in which the concurrence of
the House is requested, bills of the House of the following titles:
H.R. 4554. An Act making appropriations for Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies programs for the fiscal year ending September 30,
1995, and for other purposes;
H.R. 4556. An Act making appropriations for the Department
of Transportation and related agencies for the fiscal year
ending September 30, 1995, and for other purposes; and
H.R. 4649. An Act making appropriations for the government
of the District of Columbia and other activities chargeable
in whole or in part against the revenues of said District for
the fiscal year ending September 30, 1995, and for other
purposes.
The message also announced that the Senate insisted upon its
amendments to the bill (H.R. 4554) ``An Act making appropriations for
Agriculture, Rural Development, Food and Drug Administration, and
related agencies programs for the fiscal year ending September 30,
1995, and for other purposes,'' requested a conference with the House
on the disagreeing votes of the two Houses thereon, and appointed Mr.
Bumpers, Mr. Harkin, Mr. Kerrey, Mr. Johnston, Mr. Kohl, Mrs.
Feinstein, Mr. Byrd, Mr. Cochran, Mr. Specter, Mr. Bond, Mr. Gramm, Mr.
Gorton, and Mr. Hatfield, to be the conferees on the part of the
Senate.
The message also announced that the Senate insisted upon its
amendments to the bill (H.R. 4556) ``An Act making appropriations for
the Department of Transportation and related agencies for the fiscal
year ending September 30, 1995, and for other purposes,'' requested a
conference with the House on the disagreeing votes of the two Houses
thereon, and appointed Mr. Lautenberg, Mr. Byrd, Mr. Harkin, Mr.
Sasser, Ms. Mikulski, Mr. D'Amato, Mr. Domenici, Mr. Hatfield, and Mr.
Specter, to be the conferees on the part of the Senate.
The message also announced that the Senate insisted upon its
amendments to the bill (H.R. 4649) ``An Act making appropriations for
the government of the District of Columbia and other activities
chargeable in whole or in part against the revenues of said District
for the fiscal year ending September 30, 1995, and for other
purposes,'' requested a conference with the House on the disagreeing
votes of the two Houses thereon, and appointed Mr. Kohl, Mrs. Murray,
Mrs. Feinstein, Mr. Byrd, Mr. Burns, Mr. Mack, and Mr. Hatfield, to be
the conferees on the part of the Senate.
The message also announced that the Senate had passed a joint
resolution of the following title, in which the concurrence of the
House is requested:
S.J. Res. 195. Joint resolution to designate August 1,
1994, as ``Helsinki Human Rights Day.''
The message also announced that pursuant to Public Law 101-549, the
Chair, on behalf of the majority leader, appointed Dr. Patricia A.
Buffler of California, Dr. Joseph H. Graziano of New York, and Mr.
Philip J. Landrigan of New York, to the Board of Directors of the
Mickey Leland National Urban Toxics Research Center.
The message also announced that pursuant to Public Law 102-375, as
amended by Public Law 103-171, the Chair, on behalf of the majority
leader of the Senate and the Speaker of the House, after consultation
with the Senate Republican leader and the House minority leader,
appointed Madeleine Freeman of Maine, Bea Gwin Bacon of Kansas, Thomas
H. D. Mahoney of Massachusetts, and Maralee I. Lindley of Illinois, as
members of the Policy Committee to the White House Conference on Aging.
Para. 83.3 recess--10:04 a.m.
The SPEAKER, pursuant to the unanimous consent agreement of July 22,
1994, declared the House in recess at 10 o'clock and 4 minutes a.m.,
subject to the call of the Chair, for the purpose of receiving in Joint
Meeting His Majesty Hussein I, King of the Hashemite Kingdom of Jordan,
and His Excellency Yitzhak Rabin, Prime Minister of Israel.
Para. 83.4 after recess--1:32 p.m.
The SPEAKER pro tempore, Mr. MONTGOMERY, called the House to order.
Para. 83.5 proceedings printed in the record
On motion of Mr. TRAFICANT, by unanimous consent, the proceedings had
during the recess were ordered to be printed in the Record.
Para. 83.6 motion to instruct conferees--h.r. 3355
Mr. TRAFICANT submitted the privileged motion to instruct the managers
on the part of the House at the conference with the Senate on the dis-
[[Page 1358]]
agreeing votes of the two Houses on the House amendment to the Senate
amendment to the bill (H.R. 3355) to amend the Omnibus Crime Control and
Safe Streets Act of 1968 to allow grants to increase police presence, to
expand and improve cooperative efforts between law enforcement agencies
and members of the community to address crime and disorder problems, and
otherwise to enhance public safety; to insist upon the provisions
contained in the amendment offered by Mr. Traficant, as agreed to by the
House relating to the requirements in the representation of domestic
origin in labeling of products.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that the yeas had
it.
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
Para. 83.7 military construction appropriations
On motion of Mr. HEFNER, by unanimous consent, the bill (H.R. 4453)
making appropriations for military construction for the Department of
Defense for the fiscal year ending September 30, 1995, and for other
purposes; together with the amendments of the Senate thereto, was taken
from the Speaker's table.
When on motion of Mr. HEFNER, it was,
Resolved, That the House disagree to the amendments of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Thereupon, the SPEAKER pro tempore, Mr. MONTGOMERY, by unanimous
consent, announced the appointment of Messrs. Hefner and Foglietta, Mrs.
Meek, Messrs. Dicks, Dixon, Fazio, Hoyer, Coleman, and Obey, Mrs.
Vucanovich, Mr. Callahan, Mrs. Bentley, Messrs. Hobson and McDade, as
managers on the part of the House at said conference.
Ordered, That the Clerk notify the Senate thereof.
Para. 83.8 motion to instruct conferees--h.r. 3355
Mr. GEKAS submitted the privileged motion to instruct the managers on
the part of the House at the conference with the Senate on the
disagreeing votes of the two Houses on the House amendment to the Senate
amendment to the bill (H.R. 3355) to amend the Omnibus Crime Control and
Safe Streets Act of 1968 to allow grants to increase police presence, to
expand and improve cooperative efforts between law enforcement agencies
and members of the community to address crime and disorder problems, and
otherwise to enhance public safety; to insist upon the House passed
language regarding ``Return of a Finding Concerning a Sentence of
Death'' contained in section 3593(e) of title VII and ``Review of a
Sentence of Death'' contained in section 3595 of such title.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that the yeas had
it.
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
Para. 83.9 providing for the consideration of h.r. 3870
Ms. SLAUGHTER, by direction of the Committee on Rules, called up the
following resolution (H. Res. 483):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the State of the Union for consideration of
the bill (H.R. 3870) to promote the research and development
of environmental technologies. The first reading of the bill
shall be dispensed with. General debate shall be confined to
the bill and shall not exceed one hour equally divided and
controlled by the chairman and ranking minority member of the
Committee on Science, Space, and Technology. After general
debate the bill shall be considered for amendment under the
five-minute rule. It shall be in order to consider as an
original bill for the purpose of amendment under the five-
minute rule an amendment in the nature of a substitute
consisting of the text of H.R. 4799. The amendment in the
nature of a substitute shall be considered by title rather
than by section. Each title shall be considered as read. At
the conclusion of consideration of the bill for amendment the
Committee shall rise and report the bill to the House with
such amendments as may have been adopted. Any Member may
demand a separate vote in the House on any amendment adopted
in the Committee of the Whole to the bill or to the amendment
in the nature of a substitute made in order as original text.
The previous question shall be considered as ordered on the
bill and amendments thereto to final passage without
intervening motion except one motion to recommit with or
without instructions.
When said resolution was considered.
After debate,
On motion of Ms. SLAUGHTER, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 83.10 environmental technologies
The SPEAKER pro tempore, Ms. SLAUGHTER, pursuant to House Resolution
483 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the consideration of the
bill (H.R. 3870) to promote the research and development of
environmental technologies.
The SPEAKER pro tempore, Ms. SLAUGHTER, by unanimous consent,
designated Mr. MONTGOMERY as Chairman of the Committee of the Whole; and
after some time spent therein,
Para. 83.11 call in committee
Mr. TAYLOR of Mississippi, Acting Chairman, announced that the
Committee, having had under consideration said bill, finding itself
without a quorum, directed the Members to record their presence by
electronic device, and the following-named Members responded--
Para. 83.12 [Roll No. 351]
ANSWERED ``PRESENT''--424
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
[[Page 1359]]
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Zeliff
Zimmer
Thereupon, Mr. TAYLOR of Mississippi, Acting Chairman, announced that
424 Members had been recorded, a quorum.
The Committee resumed its business.
Para. 83.13 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following substitute amendment submitted by Mr. BROWN
of California for the amendment submitted by Mr. WALKER:
Substitute amendment submitted by Mr. BROWN of California:
Page 62, after line 4, insert the following new title:
TITLE VI--RISK ASSESSMENT
SEC. 601. RISK ASSESSMENT.
(a) In General.--In conducting the assessment of risk
called for in this Act, the Director shall--
(1) Identify and define a set of environmental problems for
which risks will be considered;
(2) use both available quantitative data and independent
and well-qualified expert advice; and
(3) develop and use a common set of analytical methods for
ranking environmental problems based on the relative risks
they pose and the potential for addressing these
environmental problems through the development of
environmental technologies.
(b) Definition.--For purposes of this section, the term
``assessment of risk'' means an identification of
environmental problems that pose the greatest opportunity for
being addressed by environmental technologies.
Amendment submitted by Mr. WALKER:
Page 64, after line 21, insert the following new title VI:
TITLE VI--RISK ASSESSMENT IMPROVEMENT
SECTION 601. CRITERIA FOR RISK ASSESSMENT.
Any risk assessment under section 201(a)(2) shall contain
the following:
(1) Criteria for accepting and evaluating data.
(2) A complete description of any mathematical models or
other assumptions likely to be used in the risk assessment,
including a discussion of their plausibility.
(3) A description of the default options, the justification
and validation for the default options, and an explicit
statement of the rationale for selecting a particular default
option, in the absence of adequate data, based on explicitly
stated science policy choices and consideration of relevant
scientific information.
(4) The technical justification for, and a description of
the degree of, conservatism each default option imposes upon
the risk assessment.
(5) Criteria for using iterative or tiered approaches to
risk assessment, with varying levels of effort and data
requirements in the conduct of risk assessment based on the
need for accuracy of the risk estimate.
(6) Criteria for conducting uncertainty analysis during the
course of the risk assessment, and an explanation of the data
needs for such analysis.
(7) Effective methods for reporting risk assessment, to
ensure that the results are reasonably understandable by
interested persons, including formats which clearly identify
and distinguish sources of uncertainty and variability in the
risk assessment.
(8) Criteria for identification and use of the most
plausible and unbiased methodologies and assumptions, given
the scientific information available.
(9) Relevant information on data and assessment methods
that significantly influence the risk estimate.
(10) A statement of the limitations, assumptions, and
default options included in the assessment and a statement of
the rationale and extent of scientific consenus with respect
to their use.
(11) A statement that identifies major uncertainties and
their influence upon the assessment. The statement shall
characterize uncertainties associated with experimental
measurement errors and uncertainties associated with the
choice of specific models and default options.
(12) The range and distribution of exposures derived from
exposure scenarios used in a risk assessment, including, for
example, upper-bound and central estimate(s) and their
qualitative, or where possible quantitative, likelihood, and,
when available and appropriate, the identification of highly
susceptible groups, species, individuals, and subpopulations
whose exposure exceeds that of the general population.
(13) The use of both quantitative and qualitative
descriptors, when available and appropriate, to present a
comprehensive range of risks which are or may be encountered
by the various populations and individuals in a human health
risk assessment, or by the various species and ecological
communities in an ecological risk assessment, exposed to the
environmental hazard being evaluated in the risk assessment.
(14) A description of appropriate statistical expressions
of the range and variability of the risk estimate, including
the population or populations addressed by any risk
estimate(s), central estimates of the risk for the specific
population, any appropriate upper-bound and lower-bound
estimates, and the reasonable range or other description of
uncertainties in the assessment process.
(15) Comparisons of risk to public health, including
appropriate comparisons with estimates of other risks to
health, including those that are familiar to and routinely
encountered by the general public, and relevant substitution
risks, where information on such risks is made available.
Comparisons shall identify relevant distinctions among
categories or risks and limitations to comparisons.
SEC. 602. SAVINGS PROVISION.
Nothing in this title shall be construed to modify any
requirement or standard provided for in another provision of
law that provides for risk assessment or is designed to
protect health, safety, or the environment. Nothing in this
title shall be construed to require the conduct of a risk
assessment or a risk characterization that is not required by
law.
SEC. 603. DEFINITIONS.
For purposes of this title:
(1) The term ``comparison of risk'' means a process to
systematically estimate, compare, and rank the size and
severity of environmental risks or health risks in order to
provide a common basis for evaluating strategies for reducing
or preventing those risks.
(2) The term ``default option'' means a condition,
assumption, or fact that is presumed on the basis of
available data and prevailing theory.
(3) The term ``risk assessment'' means the process or
procedure by which the potential adverse health or ecological
effects of exposure of human or nonhuman species to
environmental hazards is characterized.
(4) The term ``uncertainty analysis'' means the systematic
process of identifying that which is not known or is unclear,
including measurement errors, the lack of fundamental
knowledge needed to choose among alternative hypotheses, and
assumptions, or experimental models.
(5) The term ``central estimates'' means estimates of
central tendencies or expected risk based, to the extent
feasible, on the most plausible and unbiased assumptions,
given the scientific information available.
(6) The term ``substitution risk'' means a potential
increase in certain types of risk from a strategy designed to
decrease other risks.
It was decided in the
Yeas
202
<3-line {>
negative
Nays
225
Para. 83.14 [Roll No. 352]
AYES--202
Abercrombie
Andrews (ME)
Andrews (NJ)
Applegate
Bacchus (FL)
Barca
[[Page 1360]]
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Cantwell
Cardin
Chapman
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Costello
Coyne
Cramer
Darden
de la Garza
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dixon
Durbin
Edwards (CA)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Glickman
Gonzalez
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Kopetski
Kreidler
LaFalce
Lancaster
Lantos
LaRocco
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Murphy
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Pickle
Price (NC)
Rahall
Reed
Reynolds
Richardson
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Skaggs
Slaughter
Spratt
Stark
Stokes
Studds
Swett
Swift
Synar
Tanner
Tejeda
Thompson
Torres
Torricelli
Towns
Traficant
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOES--225
Ackerman
Allard
Andrews (TX)
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Brewster
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Castle
Clement
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Cox
Crane
Crapo
Cunningham
Danner
Deal
Diaz-Balart
Dickey
Dingell
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Greenwood
Gunderson
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
Kyl
Lambert
Laughlin
Lazio
Leach
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manton
Manzullo
McCandless
McCollum
McCrery
McCurdy
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Nussle
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Rowland
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shepherd
Shuster
Sisisky
Skeen
Skelton
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Strickland
Stump
Stupak
Sundquist
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Thornton
Thurman
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Zeliff
Zimmer
NOT VOTING--12
Barcia
Carr
DeLay
Faleomavaega (AS)
Rangel
Romero-Barcelo (PR)
Rostenkowski
Slattery
Tucker
Washington
Wheat
Young (FL)
So the substitute amendment was not agreed to.
Para. 83.15 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the foregoing amendment submitted by Mr. WALKER.
It was decided in the
Yeas
286
<3-line {>
affirmative
Nays
139
Para. 83.16 [Roll No. 353]
AYES--286
Ackerman
Allard
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bachus (AL)
Baesler
Baker (LA)
Ballenger
Barca
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Boucher
Brewster
Browder
Brown (OH)
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Castle
Chapman
Clement
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
Derrick
Diaz-Balart
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
Everett
Ewing
Fawell
Fazio
Fields (TX)
Fingerhut
Fish
Fowler
Franks (CT)
Franks (NJ)
Frost
Gallegly
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Kaptur
Kasich
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
Kyl
Lambert
Lancaster
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Long
Lucas
Machtley
Manton
Manzullo
Martinez
Mazzoli
McCandless
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Neal (NC)
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Regula
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schenk
Schiff
Sensenbrenner
Sharp
Shaw
Shays
Sisisky
Skeen
Skelton
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Strickland
Stump
Stupak
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thornton
Thurman
Torkildsen
Traficant
Upton
Volkmer
Vucanovich
Walker
Walsh
Weldon
Williams
Wilson
Wise
Wolf
Young (AK)
Zeliff
Zimmer
NOES--139
Abercrombie
Andrews (ME)
Bacchus (FL)
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Blackwell
Bonior
Borski
Brooks
Brown (CA)
Brown (FL)
Bryant
Cantwell
Cardin
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coyne
de Lugo (VI)
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Edwards (CA)
Engel
English
Eshoo
Evans
Farr
Fields (LA)
Filner
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Gutierrez
Hamburg
Hastings
Hilliard
Hinchey
Hughes
Jefferson
Johnson, E. B.
Johnston
Kanjorski
Kennedy
Kennelly
Kildee
Kleczka
Klein
Kopetski
Kreidler
LaFalce
Lantos
Lewis (GA)
Lloyd
Lowey
Maloney
Mann
Margolies-Mezvinsky
Markey
Matsui
McCloskey
McDermott
McKinney
Meehan
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Nadler
Neal (MA)
Norton (DC)
Oberstar
Obey
Olver
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Reed
Reynolds
Richardson
Rose
Roybal-Allard
[[Page 1361]]
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schroeder
Schumer
Scott
Serrano
Shepherd
Skaggs
Slaughter
Stark
Stokes
Studds
Swift
Synar
Thompson
Torres
Torricelli
Towns
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Waters
Watt
Waxman
Whitten
Woolsey
Wyden
Wynn
Yates
NOT VOTING--14
Baker (CA)
Carr
DeLay
Faleomavaega (AS)
Meek
Rangel
Romero-Barcelo (PR)
Rostenkowski
Shuster
Slattery
Tucker
Washington
Wheat
Young (FL)
So the amendment was agreed to.
After some further time,
The SPEAKER pro tempore, Mr. MAZZOLI, assumed the Chair.
When Mr. TAYLOR of Mississippi, Acting Chairman, pursuant to House
Resolution 483, reported the bill back to the House with an amendment
adopted by the Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
TITLE I--GENERAL PROVISIONS
SEC. 101. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Environmental Technologies Act of 1994''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
TITLE I--GENERAL PROVISIONS
Sec. 101. Short title; table of contents.
Sec. 102. Findings.
Sec. 103. Purposes.
Sec. 104. Definitions.
TITLE II--POLICY COORDINATION AND TECHNOLOGY PROGRAMS
Subtitle A--Policy Coordination and Program Planning
Sec. 201. Coordination of environmental technology research and
development.
Sec. 202. Life-cycle assessments.
Sec. 203. Environmental technologies in ongoing programs.
Subtitle B--Environmental Technology Innovation Initiative
Sec. 211. Establishment and administration of initiative.
Sec. 212. Innovative environmental technology program.
Sec. 213. President's total environmental quality award and the
national environmentally sound technology award.
Sec. 214. Incorporation of information on environmental technologies
into existing networks.
Sec. 215. Use of Federal facilities for environmental technology
demonstration.
Sec. 216. Study of factors affecting innovation in environmental
technologies.
Sec. 217. Disclaimer.
Subtitle C--Other Research Activities
Sec. 221. Environmentally advanced engineering research.
TITLE III--PERFORMANCE MEASUREMENTS
Sec. 301. Performance measurements.
Sec. 302. Verification of environmental technologies.
Sec. 303. Use of certain environmental technologies by the Federal
government.
TITLE IV--DEPARTMENT OF ENERGY ENVIRONMENTAL TECHNOLOGY DEVELOPMENT
Sec. 401. Environmental restoration and waste management technology
development.
Sec. 402. Metals recycling demonstration program.
Sec. 403. Funding and authorization.
Sec. 404. Coordination.
TITLE V--AUTHORIZATION OF APPROPRIATIONS
Sec. 501. Authorization of appropriations.
Sec. 502. Limitation on appropriations.
Sec. 503. Competition requirement for awards of financial assistance.
SEC. 102. FINDINGS.
The Congress finds the following:
(1) Promoting a sound economy and maintaining a healthy
environment are among the urgent public policy challenges of
the United States.
(2) The research, development, and demonstration of
environmental technologies will enhance the economic standing
of the United States and global environmental security.
(3) Although better designs for products and processes
offer new opportunities for substantially improved
environmental performance in growing domestic and
international markets, current government regulations and
market barriers do not allow these opportunities to be fully
exploited.
(4) Although the Federal Government, research institutes,
universities, and industries are conducting substantial basic
environmental research and development, environmental
concerns must become a more pervasive and central dimension
of technology research and development.
(5) The coordination of Federal, State, and local
activities for the research, development, and demonstration
of environmental technologies will greatly enhance the
effectiveness of environmental policies of the United States.
SEC. 103. PURPOSES.
It is the purpose of this Act--
(1) to improve, consistent with applicable provisions of
law, coordination and integration of environmental technology
research and development performed by and across Federal
agencies;
(2) to assist and catalyze efforts of private industry,
universities, nonprofit research centers, and Federal
laboratories in the research, development, and demonstration
of cost-effective, energy-efficient, and safe environmental
technologies and, in the process, to promote the
competitiveness of United States companies;
(3) to facilitate the dissemination of information
regarding innovations in environmental technologies;
(4) to promote the development of technical performance
measurements of environmentally sound products; and
(5) to direct the study of policy changes that will provide
for the more efficient research, development, and
demonstration of environmental technologies.
SEC. 104. DEFINITIONS.
For the purposes of this Act:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``design-for-environment'' means the process
of synthesis in which waste prevention and the efficient
management of materials during a product's life cycle are
treated as design objectives, in addition to conventional
attributes such as cost, performance, manufacturability, and
safety.
(3) The term ``environmental technology'' means a cost-
efficient technology that is primarily intended to improve
the quality of the environment through pollution prevention,
pollution monitoring, pollution control, pollution
remediation, reuse, recycling, or disposal, or that is
capable of cost-effectively offering significant
environmental benefits when compared with a technology it
replaces.
(4) The term ``advanced precommercial environmental
technologies'' means any environmental technology that
enables the commercial potential of a new product or process
but requires a further investment in addition to, and
comparable to, the assistance provided under this Act to
develop and market application-specific commercial
prototypes, products, and processes.
(5) The term ``Federal laboratory'' has the meaning given
the term ``laboratory'' in section 12(d)(2) of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a(d)(2)).
(6) The term ``life-cycle assessment'' means an inventory
of the resource use and waste generation involved in
developing a technology, including materials extraction,
materials conversion, transportation, energy use, end use,
recycling, and disposal, and their associated costs and
environmental impacts.
(7) The term ``small business concern'' means a United
States company that is a small business concern within the
meaning given such term in the Small Business Act (15 U.S.C
631 et seq.).
(8) The term ``sustainable economic development'' means the
integration of environmental and economic development
concerns leading to continuous and long-term economic
development with reduced pollution and the more efficient use
of energy and materials.
(9) The term ``technology'' means a product, a
manufacturing process, a system, a service, or any other
method by which individual or societal needs are met through
technical activities.
TITLE II--POLICY COORDINATION AND TECHNOLOGY PROGRAMS
Subtitle A--Policy Coordination and Program Planning
SEC. 201. COORDINATION OF ENVIRONMENTAL TECHNOLOGY RESEARCH
AND DEVELOPMENT.
(a) Interagency Coordination.--The President, acting
through the Director of the Office of Science and Technology
Policy or other entity designated by the President and in
coordination with the heads of other Federal agencies that
have substantial capabilities in the research, development,
and demonstration of environmental technologies, shall
develop an interagency strategy that is in accordance with
the policies, requirements, and objectives of the applicable
Federal statutes administered by those agencies and that--
(1) ensures, to the maximum extent practicable, the
coordinated, interagency promotion of the research,
development, and demonstration of environmental technologies;
and
(2) develops priorities for Federal environmental
technology research, development, and demonstration efforts,
by using scientifically objective information, data, and
assessments of risk.
(b) Implementation.--In carrying out this section, the
President, acting through the Director of the Office of
Science and Technology Policy or other entity designated by
the President, shall--
(1) review current Federally funded programs, including
Federal budget outlays for
[[Page 1362]]
these programs, to determine their role in the research,
development, and demonstration of environmental technologies;
(2) recommend the specific responsibilities of each
appropriate Federal agency to achieve the priorities
developed under this section;
(3) describe the recommended levels of Federal funding
required for each Federal agency to carry out the specific
responsibilities recommended in paragraph (2);
(4) develop a means for ensuring, to the maximum extent
practicable, that the principles of sustainable economic
development are integrated into the research, development,
and technology programs of all Federal agencies;
(5) ensure that programs and activities established under
this Act are fully coordinated with existing Federal
capabilities and an overall Federal strategy for the
research, development, and demonstration of environmental
technologies;
(6) ensure that the efforts of the Federal Government are
coordinated with the efforts of State and local governments
and private and nonprofit organizations promoting the
research, development, and demonstration of environmental
technologies;
(7) ensure that in developing the interagency strategy for
the research, development, and demonstration of environmental
technologies pursuant to this section, priority is given to
geographic areas of significant environmental need, including
geographic areas that have been designated as nonattainment
areas under section 107(d)(1)(A)(i) of the Clean Air Act (42
U.S.C. 7407(d)(1)(A)(i));
(8) ensure that programs and activities established under
this Act develop technologies that could assist States and
regional associations of States to comply with existing
environmental regulations, including air pollution
regulations; and
(9) submit to the Congress any recommendations regarding
legislative or administrative action, including
recommendations on the roles of Federal agencies, which may
be required to carry out this section.
(c) Budget Coordination.--The Director of the Office of
Science and Technology Policy shall annually assess, in
conjunction with other entities designated by the President
and before the President submits to the Congress the budget
for a fiscal year, the budget estimate of each relevant
Federal agency for consistency with the plans, reviews, and
priorities developed under this section. The Director shall
make the results of the annual assessment available to the
appropriate elements of the Executive Office of the
President, particularly the Office of Management and Budget,
for use in the preparation of such budget.
(d) Strategic Plan and Annual Review.--The Director of the
Office of Science and Technology Policy or other entity
designated by the President shall submit to the Congress--
(1) within one year after the date of the enactment of this
Act and periodically thereafter, a report on the strategy
referred to in subsection (a) and any revisions to the
strategy for executing interagency coordination of programs
and activities conducted under this section, including the
timely research, development, and demonstration of innovative
environmental control and remediation technologies; and
(2) annually a report that describes the progress made in
implementing the strategy, including the programs and
activities conducted under this Act, and the amendments made
by this Act, in achieving the purposes of this Act.
(e) Non-Federal Participation.--The Director of the Office
of Science and Technology Policy shall establish mechanisms
to ensure the participation of non-Federal entities,
including State and local governments, United States
companies, United States industrial associations and
consortia, United States institutions of higher education,
United States worker organizations, United States
professional associations, and United States nonprofit
organizations, in carrying out this section, including the
development of the plans, reviews, and recommendations
developed under this section.
SEC. 202. LIFE-CYCLE ASSESSMENTS.
(a) Findings.--The Congress finds the following:
(1) Consideration of life-cycle consequences of the
development of a technology can greatly assist in the
achievement of more environmentally sound products,
processes, and services and enhanced industrial efficiency.
Life-cycle assessments and other design-for-environment
resources can facilitate this achievement by clarifying
materials flows and energy flows and by enhancing
capabilities to assess these flows in the design of such
products, processes, and services.
(2) Methods of life-cycle assessment and other design-for-
environment resources are underused in both the public and
private sectors, particularly as applied to sustainable
economic development.
(3) The data necessary for meaningful life-cycle assessment
and other design-for-environment resources are often
difficult to acquire, and no system exists to make such data
readily available to public and private groups.
(b) Life-Cycle Assessment Coordination.--
(1) In general.--As part of, and consistent with, the
overall Federal environmental technology strategy established
in section 201, the Director of the Office of Science and
Technology Policy or other entity designated by the President
shall, in collaboration with the heads of other appropriate
Federal agencies (including the Secretary of Commerce, the
Secretary of Energy, and the Secretary of Defense),
coordinate Federal activities and resources that are applied
to life-cycle assessment and other design-for-environment
resources in order to maximize the contribution of life-cycle
assessments and other design-for-environment resources to the
efficient design, development, and use of technologies, and
to sustainable economic development.
(2) Implementation.--In carrying out this subsection, the
Director of the Office of Science and Technology Policy or
other entity designated by the President shall--
(A) ensure that the life-cycle assessment and other design-
for-environment resources of each Federal agency are
developed and disseminated in a coordinated fashion,
partitioning agency responsibilities where appropriate;
(B) coordinate with State and local governments developing
life-cycle assessment and other design-for-environment
resources; and
(C) consult with industry, professional, nonprofit, and
other appropriate private-sector organizations to take into
account the life-cycle assessment and other design-for-
environment capabilities of the private sector in carrying
out this section.
(3) Other activities.--In carrying out this subsection, the
Director of the Office of Science and Technology Policy or
other entity designated by the President shall also encourage
appropriate Federal agencies--
(A) to collect and disseminate information regarding
analytic methods (and, as required, to develop such methods)
that will significantly enhance the ability of United States
companies and other organizations to evaluate materials
extraction, materials conversion, transportation, energy use,
end use, recycling, and disposal, and their associated costs
and environmental impacts;
(B) to utilize, to the fullest extent practicable, existing
networks and supporting databases which provide access to
publicly available information that will facilitate the use
of life-cycle assessments and other design-for-environment
resources;
(C) to sponsor demonstrations for public policy and
business decisionmakers of the effective use of life-cycle
assessment and other design-for-environment data and methods
described in this section; and
(D) to ensure that private-sector life-cycle assessment and
other design-for-environment capabilities are, and continue
to be, fully integrated into activities under this section.
(4) Limitation.--Nothing in this section shall be
considered to require the use of life-cycle assessment or
other design-for-environment data or methods by any Federal
agency.
(c) Annual Review.--The Director of the Office of Science
and Technology Policy or other entity designated by the
President shall annually submit to the Congress a report
containing an evaluation of the life-cycle assessment or
other design-for-environment activities of the Federal
Government.
SEC. 203. ENVIRONMENTAL TECHNOLOGIES IN ONGOING PROGRAMS.
(a) Stevenson-Wydler Amendments.--The Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3701) is
amended--
(1) in section 2(2), by inserting ``greater environmental
sustainability,'' after ``employment opportunities,'';
(2) in section 3(1), by inserting ``for sustainable
economic development'' after ``stimulate technology'';
(3) in section 4, by adding at the end the following new
paragraph:
``(14) `Sustainable economic development' means the
integration of environmental and economic development
concerns leading to continuous and long-term economic
development with reduced pollution and the more efficient use
of energy and materials.'';
(4) in section 6(a), by inserting ``and sustainable
economic development in their regions'' after ``enhance the
competitiveness of American business'';
(5) in section 6(d), by inserting ``and sustainable
economic development in their regions'' after ``enhance the
competitiveness of American businesses'';
(6) in section 7(a), by inserting ``and sustainable
economic development'' after ``enhance technological
innovation'';
(7) in section 7(c)(1), by inserting ``sustainable economic
development,'' after ``employment,'';
(8) in section 9(a), by inserting ``and sustainable
economic development'' after ``enhance technological
innovation''; and
(9) in section 11(c)(1), by inserting ``and would enhance
sustainable economic development'' after ``commercial
applications''.
(b) NIST Amendments.--The National Institute of Standards
and Technology Act (15 U.S.C. 271) is amended--
(1) in section 1(b)(1), by inserting ``sustainable economic
development,'' after ``improved product reliability and
manufacturing processes,'';
(2) in section 1, by adding after subsection (b) the
following new subsection:
``(c) For purposes of this section, the term `sustainable
economic development' means the integration of environmental
and economic development concerns leading to continuous and
long-term economic development with reduced pollution and the
more efficient use of energy and materials.''; and
(3) in section 2(b)(1), by inserting ``to enhance
sustainable economic development (as that term is defined in
section 1(c)),'' after ``to improve quality,''.
[[Page 1363]]
(c) Technical Amendment.--Section 214 of the National
Aeronautics and Space Administration Authorization Act,
Fiscal Year 1989 (42 U.S.C. 2451 note) is amended--
(1) by striking ``102(c)'' and inserting ``102(d)''; and
(2) by striking ``2451(c)'' and inserting ``2451(d)''.
(d) NASA Amendments.--The National Aeronautics and Space
Act of 1958 (42 U.S.C. 2451 note) is amended--
(1) in section 102(d)--
(A) by redesignating paragraphs (6), (7), (8), and (9) as
paragraphs (7), (8), (9), and (10), respectively; and
(B) by inserting after paragraph (5) the following new
paragraph:
``(6) The making available to Federal and non-Federal
entities of the United States, technologies that will enhance
the sustainable economic development of the Nation.''; and
(2) in section 103--
(A) by striking ``; and'' in paragraph (1) and inserting a
semicolon;
(B) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(3) the term `sustainable economic development' means the
integration of environmental and economic development
concerns leading to continuous and long-term economic
development with reduced pollution and the more efficient use
of energy and materials.''.
(e) NSF Amendments.--
(1) Functions.--Section 3(a) of the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.) is amended--
(A) in paragraph (6), by striking ``; and'' and inserting a
semicolon;
(B) in paragraph (7), by striking the period and inserting
``; and''; and
(C) by adding at the end the following new paragraph:
``(8) to foster education and research that would promote
sustainable economic development nationally and
internationally.''.
(2) Definition.--Subsection (g) of section 14 of such Act
is amended as follows:
(A) By striking ``(g) For purposes of this Act, the term''
and inserting the following:
``(g) For purposes of this Act:
``(1) The term''.
(B) By adding after paragraph (1), as designated by
subparagraph (A) of this paragraph, the following new
paragraph:
``(2) The term `sustainable economic development' means the
integration of environmental and economic development
concerns leading to continuous and long-term economic
development with reduced pollution and the more efficient use
of energy and materials.''.
Subtitle B--Environmental Technology Innovation Initiative
SEC. 211. ESTABLISHMENT AND ADMINISTRATION OF INITIATIVE.
(a) Establishment.--There is established an interagency
Environmental Technologies Innovation Initiative, to be
implemented as part of, and consistent with, the overall
Federal environmental technology strategy established in
section 201, to promote the research, development, and
demonstration of technologies that will contribute
significantly to sustainable economic development. The
Administrator shall administer the initiative in
collaboration with the heads of other Federal agencies,
including the Secretary of Commerce, the Secretary of Energy,
the Secretary of Defense, the Director of the National
Science Foundation, the Secretary of Agriculture, and the
Secretary of Interior, that have substantial capabilities in
advanced technology research and development.
(b) Conduct of Initiative Programs and Activities.--The
initiative referred to in subsection (a) shall include--
(1) the administration and award of the President's Total
Environmental Quality Award established under section 24 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3701 et seq.), as added by section 213, and of the
National Environmentally Sound Technology Award established
under section 25 of such Act, as added by section 213;
(2) the conduct of the Innovative Environmental Technology
Program described in section 212, the information activities
described in section 214, and the environmental technology
demonstration program described in section 215, the
demonstration program established pursuant to section 218,
and the international environmental technology demonstration
assistance provided under section 219; and
(3) the study provided for in section 216.
(c) Agreements with Other Agencies; Assistance.--
(1) In general.--To carry out a section referred to in
subsection (b)(2), the Administrator may enter into an
agreement with the head of another Federal agency, and enter
into contracts and cooperative agreements with, and award
grants to, entities eligible for financial assistance under
that section.
(2) Competitive process.--The Administrator (or the head of
a Federal agency under an agreement under paragraph (1))
shall select proposals for financial assistance under a
section referred to in subsection (b)(2) solely through a
competitive, merit-based evaluation process.
(3) Integration of industry and other views.--The
Administrator (or the head of a Federal agency under an
agreement under paragraph (1)) shall develop mechanisms for
integrating the views of representatives of industry and
nonprofit and other appropriate organizations into the
process by which proposals for financial assistance under a
section referred to in subsection (b)(2) are evaluated and
selected.
(d) Other Assistance Authorized.--The Administrator, in
collaboration with the heads of other appropriate Federal
agencies that have substantial capabilities in advanced
technology research and development and as appropriate, may
provide an entity receiving financial assistance under a
section referred to in subsection (b)(2) with any technical
and other assistance, including any equipment and facilities
of Federal laboratories (including the scientists and
engineers at those laboratories), necessary to carry out such
section.
(e) Annual Interagency Plan and Review.--The Administrator,
in collaboration with the heads of other appropriate Federal
agencies (including the Secretary of Commerce and the
Secretary of Energy) and in consultation with representatives
of industry, nonprofit, and other appropriate organizations,
shall develop a strategic plan for the programs and
activities referred to in subsection (b)(2) as part of, and
consistent with, the overall Federal environmental technology
strategy established in section 201 and shall report to the
Congress on the performance of such programs and activities
as part of the annual report described in section 201(d).
Such report shall include an evaluation of--
(1) the success of innovations resulting from such programs
and activities; and
(2) the nature and extent of participation of socially
disadvantaged individuals and economically disadvantaged
individuals, as such terms are defined in paragraphs (6)(A)
and (5) of section 8(a) of the Small Business Act (15 U.S.C.
637(a)(6)(A),(5)), respectively, including women, including
an evaluation of any steps taken to encourage the
participation of such individuals.
(f) Administration.--
(1) In general.--In administering the programs and
activities referred to in subsection (b)(2), the
Administrator shall--
(A) monitor the manner in which any technologies developed
as a result of the programs and activities are used, and
report periodically to the Congress on the extent of any
international transfer of these technologies;
(B) provide for appropriate dissemination of the results of
any research conducted under such program and activities; and
(C) take any other action the Administrator considers
necessary to carry out the programs and activities and to
avoid unnecessary duplication of effort by Federal agencies.
(2) Applicability of other law.--Paragraphs (5), (6), (7),
(8), and (11) of section 28(d) of the National Institute of
Standards and Technology Act (15 U.S.C. 278n(d)) shall apply
to the administration of the programs and activities referred
to in subsection (b)(2).
(3) Participation of socially and economically
disadvantaged individuals.--In carrying out the sections
referred to in subsection (b)(2), the Administrator shall
encourage the participation of socially disadvantaged
individuals and economically disadvantaged individuals, as
such terms are defined in paragraphs (6)(A) and (5) of
section 8(a) of the Small Business Act (15 U.S.C.
637(a)(6)(A),(5)), respectively, including women.
(g) Economically Depressed Areas.--The Administrator, in
collaboration with the heads of other appropriate Federal
agencies, shall seek to ensure that entities eligible for
assistance under a section referred to in subsection (b)(2)
and located in areas determined by the Administrator to have
a depressed economy, or a significant concentration of
defense-related industries, or chronically high unemployment,
are notified of the assistance made available under that
section and, to the extent practicable, to encourage and
facilitate the participation of such entities in activities
for which assistance is provided under that section.
(h) Limitation on Construction of Facilities.--The
Administrator may not provide financial assistance to an
entity under this section for the construction of facilities.
(i) Management.--The Administrator shall prescribe any
regulations necessary to carry out each section referred to
in subsection (b)(2), including regulations--
(1) prescribing the form, time, and manner in which
proposals for financial assistance under such section shall
submitted; and
(2) providing consideration of in-kind contributions by a
non-Federal Government entity participating in a program or
activity conducted under such section for the purpose of
determining the share of the costs of participating in the
program or activity that have been or are being undertaken by
that entity.
SEC. 212. INNOVATIVE ENVIRONMENTAL TECHNOLOGY PROGRAM.
(a) Establishment.--The Administrator, in collaboration
with the heads of other appropriate Federal agencies
(including the Secretary of Commerce, the Secretary of
Energy, and the Secretary of Defense), shall conduct an
interagency innovative environmental technology program to
develop or demonstrate advanced precommercial environmental
technologies and which, to avoid redundancy and ensure
efficiency, will be a part of, and consistent with, the
overall Federal environmental strategy established in section
201.
(b) Eligibility for Financial Assistance.--An entity shall
be eligible for finan-
[[Page 1364]]
cial assistance to conduct a demonstration or development
project under the program established under subsection (a)
only if the entity is either a single United States company
or a partnership which--
(1) includes two or more United States companies; and
(2) may include, as determined appropriate by the
Administrator, a Federal laboratory or laboratories, United
States nonprofit organizations, United States institutions of
higher education, agencies of States governments, and other
entities that participate in the partnership by supporting
the activities conducted by such companies or corporations
under this section.
(c) Criteria for Selection of Proposals.--The Administrator
shall give priority consideration to the following criteria
in evaluating proposals for financial assistance under this
section:
(1) Contribution to the priorities established pursuant to
section 201(a)(2).
(2) Significant improvement in environmental soundness of
the production process.
(3) Contribution to industrial competitiveness, including
new markets, reduced production costs, and enhanced global
competitiveness.
(4) Improvement in the environment of the workplace.
(5) Applicability to other industrial processes.
(6) Improvement in technological capability to recycle
complex combinations of materials.
(7) Innovative application of post-consumer materials.
(8) Direct application to environmental technologies needed
for United States business and industry.
(9) Other criteria established by the Administrator.
(d) Award Conditions.--Financial assistance provided under
this section shall be subject to the following conditions:
(1) Such assistance may be made for not more than five
years for single United States companies and not more than
five years for partnerships.
(2) Except as provided in paragraph (3), the Federal
Government may provide financial assistance to an entity
under this section in an amount that is not more than a
minority share of the cost of the project conducted by the
partnership.
(3) The Federal share of the cost of a project conducted by
a partnership under this section may exceed the limitation
described in paragraph (2) if the partnership is composed
entirely of small business concerns.
(4) The Administrator has determined that--
(A) an applicant for any such assistance has made
reasonable efforts to obtain non-Federal funding for the
Federal cost share sought to be received under this section;
and
(B) such non-Federal funding could not be reasonably
obtained.
(5) Each project under this section shall be carried out
under such terms and conditions as the Administrator shall
require to ensure the protection of human health and the
environment.
(e) Evaluation.--As part of the annual evaluation referred
to in section 211(e), the Administrator shall conduct an
evaluation of--
(1) the extent to which technologies developed pursuant to
the program established under subsection (a) are used;
(2) the contribution of such technologies to reduced
pollution and the more efficient use of energy and materials;
and
(3) the contribution of such technologies to economic
development.
(f) Recoupment.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall establish
procedures and criteria for recoupment in connection with any
project, for which financial assistance is provided under
this section, which has led to the development of a product
or process which is marketed or used.
(2) Requirement as condition for award.--
(A) In general.--Except as provided in subparagraph (B),
such recoupment shall be required as a condition for the
provision of financial assistance under this section, shall
be proportional to the Federal share of the cost of the
project, and shall be derived from the proceeds of royalties
or licensing fees received in connection with such product or
process.
(B) Exception.--In the case of a product or process which
is used by the recipient of financial assistance under this
section for the production and sale of its own products or
processes, the recoupment shall consist of a payment
equivalent to the payment which would be made under
subparagraph (A).
(3) Waiver.--The Administrator may at any time waive or
defer all or some of the recoupment requirements of this
subsection as necessary, depending on--
(A) the commercial competitiveness of the entity or
entities developing or using the product or process;
(B) the profitability of the project; and
(C) the commercial viability of the product or process
used.
SEC. 213. PRESIDENT'S TOTAL ENVIRONMENTAL QUALITY AWARD AND
THE NATIONAL ENVIRONMENTALLY SOUND TECHNOLOGY
AWARD.
(a) Findings.--The Congress finds the following:
(1) Award programs such as the Malcolm Baldrige National
Quality Award Program have made substantial contributions to
private enterprise by providing a framework upon which
organizations can improve their operations and by focusing on
issues important to their competitiveness.
(2) A President's Total Environmental Quality Award Program
modeled on the Malcolm Baldrige National Quality Award
Program would contribute to environmental quality and
sustainable economic development by--
(A) helping to stimulate United States companies to
research, develop, and demonstrate environmental
technologies;
(B) recognizing the achievements of such companies which
successfully research, develop, and demonstrate environmental
technologies; and
(C) establishing guidelines and criteria that can be used
by business, industrial, governmental, and other
organizations in evaluating their own research, development,
and demonstration of environmental technologies.
(b) Purpose.--It is the purpose of this section to provide
for the establishment and conduct of a President's Total
Environmental Quality Award Program and a National
Environmentally Sound Technology Award Program under which
awards are given to recognize the successful research,
development, and demonstration of environmental technologies,
and information is disseminated about such success.
(c) Establishment of Awards.--The Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.) is
amended by inserting after section 23 the following new
sections:
``SEC. 24. PRESIDENT'S TOTAL ENVIRONMENTAL QUALITY AWARD.
``(a) Establishment.--There is hereby established the
President's Total Environmental Quality Award (in this
section referred to as the `Award').
``(b) Design.--The Award shall be evidenced by a medal
bearing the inscription `President's Total Environmental
Quality Award'.
``(c) Award Selection Process.--The Secretary, in
collaboration with the Secretary of Energy, the Administrator
of the Environmental Protection Agency, and the Secretary of
Defense, shall establish a process for the acceptance and
evaluation of Award applicants. The Secretary shall, to the
extent practicable, refer to the procedures used in the
administration of the Malcolm Baldrige National Quality
Award, including the definition of award categories, the
delegation of responsibilities, and provisions for publicity,
evaluation feed-back, and information transfer, as a model
for the President's Total Environmental Quality Award.
``(d) Presentation of Award.--
``(1) Recommendations by secretary.--The Secretary shall
submit to the President, and make available to the public,
the recommendations of the Secretary for the selection of
Award applicants.
``(2) Selection by the president.--On the basis of
recommendations received under paragraph (1), the President
shall periodically select for receipt of the Award United
States companies and other organizations which in the
judgment of the President have substantially benefited the
environmental, economic, and social well-being of the United
States through the research, development, and demonstration
of environmental technologies and the effective integration
of environmental concerns into its operations and management,
and which as a consequence are deserving of special
recognition.
``(3) Presentation ceremony.--The President or the Vice
President shall present the Award to recipients selected
under paragraph (2) with such ceremony as the President or
the Vice President considers to be appropriate.
``(e) Limitation.--The information gathered in evaluating
Award applications may be used only for the evaluation of
such applications and for publicity by winners of the Award.
Such information may not be used for regulatory or compliance
purposes.
``(f) Evaluation Criteria.--Criteria for evaluating Award
applications shall include the following:
``(1) The effectiveness of the organization's development
and demonstration of environmental technologies, as well as
the organization's provision for environmental technologies
in its future plans.
``(2) The effectiveness of the integration of environmental
concerns into the operations and management of the
organization.
``(3) The effectiveness of energy and materials use from
the perspective of the life-cycle of the production, use,
recycle, and disposal of a product.
``(4) The effective use of an integrated approach to
pollution prevention and control that considers all
environmental media (liquid, solid, gaseous).
``(5) The overall environmental performance of the
organization, including environmental compliance.
``(g) Funding.--The Secretary may seek and accept gifts
from public and private sources (and may, subject to annual
appropriations, use such gifts) to carry out this section.
The Secretary shall annually make available to the public a
list of any such gifts and the sources of the gifts. The
Secretary may provide for the imposition of a fee upon the
organizations applying for the Award.
``(h) Report.--Not later than 3 years after the date of the
enactment of the Environmental Technologies Act of 1994 and
biennially thereafter, the Secretary shall submit to the
President and the Congress a report
[[Page 1365]]
on the progress made in carrying out this section, including
a report on any indications that the Award has influenced the
practices of United States companies and other organizations.
The report shall include any recommendations of the Secretary
for any modifications of the Award the Secretary considers
necessary.
``SEC. 25. NATIONAL ENVIRONMENTALLY SOUND TECHNOLOGY AWARD.
``(a) Establishment.--There is established a National
Environmentally Sound Technology Award for the purpose of
awarding individuals who have pioneered the development and
use of highly innovative environmental technologies within
the meaning of section 104(3) of the Environmental
Technologies Act of 1994.
``(b) Administration.--Using the authority and procedures
established in section 24 and subject to the conditions
described in this section, the Secretary, in collaboration
with the Administrator of the Environmental Protection Agency
and the Secretary of Energy, shall receive and evaluate
applications for the National Environmentally Sound
Technology Award and provide for presentation of such Award.
``(c) Qualified Technologies.--Technologies that qualify
for such Award may include the following:
``(1) Manufacturing technologies.
``(2) Industrial or consumer products.
``(3) Consumer services.
``(4) Recycling technologies.
``(5) Pollution monitoring and control technologies.
``(6) Pollution remediation technologies.
``(7) Other technologies as appropriate.
``(d) Qualified Applicants.--Any citizen or permanent
resident of the United States may qualify for such Award. Any
such individual who is employed by or otherwise works for a
business, Federal laboratory, or other organization may
qualify for such Award only if the individual was
substantially involved in the invention or innovation for
which such Award is presented.
``(e) Limitation.--Not more than five such Awards may be
presented annually.
``(f) Report.--Not later than 2 years after the date of the
enactment of the Environmental Technologies Act of 1994 and
biennially thereafter, the Secretary shall submit to the
Congress a report on the progress made in carrying out this
section. The report shall contain an evaluation of the
performance of such Award, including an assessment of the
extent to which the public recognizes such Award and such
Award encourages innovation of environmental technologies.''.
SEC. 214. INCORPORATION OF INFORMATION ON ENVIRONMENTAL
TECHNOLOGIES INTO EXISTING NETWORKS.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Administrator, through the
Office of Research and Development of the Environmental
Protection Agency and in collaboration with the Under
Secretary for Technology of the Department of Commerce and
the heads of any other appropriate Federal agencies, shall,
to the maximum extent practicable, use existing information
network capabilities of the Federal Government as part of,
and consistent with, the overall Federal environmental
technology strategy established in section 201 to provide
coordinated access to data on environmental technologies or
protocols developed, tested, verified, or certified under
programs established by this Act, and by other appropriate
Federal and non-Federal sources. Such data shall include--
(1) information on--
(A) activities carried out under this Act and the
amendments made by this Act;
(B) performance standards regarding environmental
technologies;
(C) significant international developments in environmental
technologies, fully coordinating with other international
technology information programs of the Federal Government;
and
(D) cost-effectiveness and performance of environmental
technologies; and
(2) other information determined by the Administrator to be
of substantial value in promoting the research, development,
and demonstration of environmental technologies.
(b) Use of Existing Resources.--In carrying out this
section, the Administrator shall, to the maximum extent
practicable--
(1) use existing public and private sector information
providers and carriers; and
(2) coordinate with the heads of other appropriate Federal
agencies to make data described in subsection (a) accessible
through appropriate database systems of those Federal
agencies.
(c) Outreach.--The Administrator, through the Office of
Research and Development of the Environmental Protection
Agency and in collaboration with the Under Secretary for
Technology of the Department of Commerce and the heads of any
other appropriate Federal agencies, shall conduct outreach
efforts to advertise, deliver, and disseminate the
information made available pursuant to subsection (a). As
part of such efforts, the Administrator shall consult with
United States industrial associations and take appropriate
action to ensure access to such information by industrial
assistance organizations and programs supported by a State or
local government, a non-profit organization in which a State
or local government is a member, an institution of higher
education designated by a State or local government, a
manufacturing extension and outreach service or regional
technical assistance service approved by the Federal
Government, or a Federal laboratory.
(d) Evaluation and Report.--As part of the annual
evaluation referred to in section 211(e), the Administrator
shall conduct an evaluation of the extent to which the data
provided pursuant to this section are used.
SEC. 215. USE OF FEDERAL FACILITIES FOR ENVIRONMENTAL
TECHNOLOGY DEMONSTRATION.
(a) Establishment.--The Administrator shall establish a
program, in collaboration with the heads of appropriate
Federal agencies (including the Secretary of Energy, the
Secretary of Commerce, and the Secretary of Defense) as part
of, and consistent with, the overall Federal environmental
technology strategy established in section 201, to
demonstrate the performance of environmental technologies at
Federal laboratories and other Federal facilities.
(b) Qualifying Technology Demonstration Projects.--
Technologies that qualify for demonstration under such
program include--
(1) environmental technologies that can be applied to a
major pollution control or remediation need at a Federal
laboratory or other Federal facility;
(2) environmental technologies the development of which
would be significantly advanced by unique facilities or
capabilities of a Federal laboratory or other Federal
facility; and
(3) other environmental technologies that have significant
potential as an environmental technology that will contribute
to sustainable economic development or that will make a
significant contribution to the cleanup of communities
significantly affected by pollution.
(c) Administration.--As part of the program established
under this section, the Administrator--
(1) may enter into a cooperative agreement with any other
Federal agency to make available, as appropriate, any
expertise, site, or facility under the jurisdiction of such
agency to an eligible entity under subsection (d) for the
purpose of demonstrating the performance of an environmental
technology;
(2) shall establish application procedures for an eligible
entity under subsection (d) to apply to demonstrate an
environmental technology at an available site or facility,
including--
(A) provisions for sharing the cost of demonstrating the
technology with an applicant that limit the Federal share of
the cost to not more than 50 percent of the total cost of
demonstrating the technology; and
(B) provisions that provide special consideration of the
needs of small business concerns;
(3) shall establish criteria for verification of the
efficacy of demonstrated environmental technologies;
(4) shall establish specific procedures for the management
and oversight of demonstration activities conducted under
this section;
(5) shall, pursuant to section 214, in consultation and
collaboration with other Federal agencies, and consistent
with the Federal environmental technology strategy
established in section 201, make available for entities
eligible under subsection (d) information regarding--
(A) the facilities and expertise available at Federal
laboratories that would be valuable to the demonstration of
environmental technologies; and
(B) sites at Federal laboratories or other Federal
facilities potentially available for demonstrating
environmental technologies, characterized by specific site
characteristics, including site geology and site contaminants
where appropriate;
(6) shall document the performance and cost characteristics
of each environmental technology demonstrated pursuant to
this section; and
(7) shall list and disseminate, pursuant to section 214,
nonproprietary information regarding the performance and cost
characteristics of the environmental technologies
demonstrated pursuant to this section.
(d) Entities Eligible for Participation.--Entities eligible
to carry out a demonstration project as part of the program
established under subsection (a) are United States companies
(including small business concerns), United States nonprofit
organizations, United States institutions of higher
education, and other entities that the Administrator
considers appropriate.
(e) Program Evaluation and Reporting.--In the report
required by section 211(e), the Administrator shall evaluate
the performance of the program established under this
section, including an evaluation and statement of--
(1) the number of environmental technologies demonstrated
and the type of problems addressed;
(2) the Federal and non-Federal financial resources
committed to the program; and
(3) the extent to which technologies demonstrated pursuant
to this section are used.
(f) Savings Provision.--Nothing in this section shall be
construed to supersede any other provision of law that
provides authority to a Federal agency to demonstrate
environmental technologies. Technologies eligible for
demonstration under this section that are also eligible for
demonstration at sites under section 311(b) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9660(b)) shall be subject to
the limitations and requirements of that section.
Demonstration projects and activities under this section
shall not alter or interfere with the conduct or expeditious
completion of response ac-
[[Page 1366]]
tions at facilities proposed for or listed on the National
Priorities List.
SEC. 216. STUDY OF FACTORS AFFECTING INNOVATION IN
ENVIRONMENTAL TECHNOLOGIES.
(a) Study.--The Administrator shall enter into an agreement
with the National Research Council to conduct a study of the
influences on technological innovation in environmental
technologies of economic, governmental, competitive,
financial, and other incentives and barriers.
(b) Report.--The Administrator shall include in the
agreement referred to in subsection (a) a requirement that
the National Research Council complete a report describing
the results of the study referred to in such subsection not
later than two years after the date of the enactment of this
Act. The report shall identify specific incentives for and
barriers to technological innovation and describe the reasons
for the positive or negative influences identified. The
Administrator shall submit the report to the Congress within
30 days after receiving the report from the National Research
Council. Nothing in this section may be construed as
authorizing the reprogramming of funds for such an agreement.
SEC. 217. DISCLAIMER.
Nothing in this Act, or the amendments made by this Act,
shall be construed by the Administrator or the Secretary of
Energy, or any officer or employee of the Environmental
Protection Agency or the Department of Energy, or by any
court as altering, affecting, supplanting, modifying, or
changing, directly or indirectly, any law which on the day
before the date of the enactment of this Act referred to, and
provided authorities or responsibilities for, or was
administered by, the Environmental Protection Agency or the
Department of Energy or the Administrator of the
Environmental Protection Agency or the Secretary of Energy.
SEC. 218. ENVIRONMENTALLY EFFICIENT BUILDING MATERIALS.
(a) Demonstration of Environmentally Efficient Materials.--
Not later than 90 days after the date of the enactment of
this Act, the Administrator, in cooperation with the
Administrator of General Services, and the heads of other
appropriate agencies, may establish a 3-year demonstration
program to promote research on, and development of,
environmentally efficient building materials, including the
use of such materials in the construction of new Federal
facilities and buildings and in existing Federal facilities
and buildings.
(b) Characteristics of Materials.--In selecting
environmentally efficient building materials under the
demonstration program, the Administrator shall give priority
to those materials that most cost-effectively maximize the
conservation and preservation of natural resources.
(c) Performance Verification.--Before using environmentally
efficient building materials under this section, the
Administrator, in cooperation with the Administrator of
General Services and the heads of other appropriate agencies
(including the Director of the National Institute of
Standards and Technology), shall verify, through support of
appropriate tests and using, to the maximum extent
practicable, existing Federal capabilities, that such
materials--
(1) are cost-competitive with comparable, more conventional
materials on a life-cycle cost basis; and
(2) meet applicable Federal environmental, public health,
safety, and energy efficiency standards.
(d) Research and Development.--The Administrator may
support the research, development and demonstration of
environmentally efficient materials that show substantial
promise for use in buildings. Paragraphs (2), (3), and (5) of
section 212(d) shall apply to support provided under this
subsection.
(e) Guidelines.--The Administrator shall cooperate with the
Administrator of General Services and the heads of other
agencies to ensure that, where applicable, the results of the
activities conducted pursuant to subsection (a) are
incorporated into guidelines developed by appropriate Federal
agencies for the use of environmentally efficient building
materials.
(f) Report.--Not later than 60 days after completion of the
demonstration program, the Administrator shall submit to the
Congress a report on the implementation of the demonstration
program. The report shall include the following:
(1) A listing of the type and quantities of environmentally
efficient building materials tested, developed, and used.
(2) A statement of the cost and performance of such
materials compared to comparable, more conventional
materials.
(3) An assessment of the extent to which the use of such
materials can be expanded beyond the scope of the
demonstration program.
(4) An assessment of the extent to which research on, and
development of, such materials occurred as a result of the
demonstration program and the extent to which further support
is needed to stimulate such research and development.
(g) Integration of Other Views.--In carrying out this
section, the Administrator, in cooperation with the
Administrator of General Services, shall develop mechanisms
for integrating the views of other agencies that carry out
major construction programs, including the Army Corps of
Engineers and the Veterans Administration, and
representatives of the environmental community, the
construction industry (including small business),
manufacturing companies (including small businesses) that
produce environmentally efficient materials, and the
scientific and technical community.
(h) Preemption.--Nothing in this section is intended to
preempt any provision of law of a State or a political
subdivision of a State that is more restrictive than a
provision of this Act.
(i) Definitions.--For purposes of this section:
(1) The term ``agency'' means an Executive agency as
defined under section 105 of title 5, United States Code, and
any agency of the judicial or legislative branch of the
Federal Government.
(2) The term ``environmentally efficient materials'' means
any recycled, recovered, reclaimed, or reused material whose
production, manufacture, fabrication, and use conserves and
preserves natural resources when compared to the production,
manufacture, fabrication, and use of comparable, more
conventional materials.
(3) The term ``environmentally efficient building
materials'' means any environmentally efficient material
which may be used in the construction of a building or
facility.
(4) The term ``construction'' with respect to any project
under construction under this section, means the erection or
building of new structures or the replacement, expansion,
remodeling, alteration, or modernization of existing
structures.
SEC. 219. INTERNATIONAL ENVIRONMENTAL TECHNOLOGY
DEMONSTRATION ASSISTANCE.
The Administrator may enter into agreements with the heads
of other appropriate agencies that support the export of
technologies to provide support for demonstrating the
technical and economic feasibility of innovative
environmental technologies substantially manufactured in the
United States and used in other nations. Nothing in this
section shall be applicable if the President determines that
any provision of this section is actionable under the General
Agreements on Tariffs and Trade, or any other international
agreement to which the United States is a party.
Subtitle C--Other Research Activities
SEC. 221. ENVIRONMENTALLY ADVANCED ENGINEERING RESEARCH.
(a) In General.--The Director of the National Science
Foundation shall take appropriate actions to support research
activities that will advance the integration of engineering
practices and environmental protection in the development of
advanced technologies.
(b) Interagency Collaboration.--The Director of the
National Science Foundation shall collaborate with the heads
of other appropriate Federal agencies, including the
Administrator, in carrying out this section.
(c) Integration of Information.--The Director of the
National Science Foundation shall, to the maximum extent
practicable, provide for the dissemination of information
developed as a result of the research activities referred to
in subsection (a) through education activities of the
Foundation and through the information dissemination
activities developed pursuant to section 214.
TITLE III--PERFORMANCE MEASUREMENTS
SEC. 301. PERFORMANCE MEASUREMENTS.
(a) Authorization.--The Secretary of Commerce, through the
Director of the National Institute of Standards and
Technology, in collaboration with the Administrator and the
heads of other appropriate Federal agencies, in consultation
with non-Federal standards organizations, and as part of, and
consistent with, the overall Federal environmental technology
strategy established in section 201, shall establish a
program to support the clarification of measurements of
performance--
(1) for environmental technologies (not including
technologies primarily intended to improve the quality of the
environment through pollution control, pollution remediation,
pollution monitoring, and disposal), to clarify performance
and substitutability for conventional technologies and for
the fair evaluation of performance claims regarding such
environmental technologies; and
(2) to develop appropriate standard reference materials
required to implement paragraph (1).
(b) Existing Non-Federal Programs.--In developing the
program established in subsection (a), the Director of the
National Institute of Standards and Technology shall, to the
maximum extent practicable, coordinate efforts under such
program with existing non-Federal standards activities that
affect the environmental technologies covered by subsection
(a)(1).
(c) Coordination with Other Federal Agencies.--The
Secretary of Commerce, through the Director of the National
Institute of Standards and Technology, shall coordinate with
the heads of other appropriate Federal agencies to ensure, to
the maximum extent practicable, the use of the best available
scientific and technical information in the evaluation of
environmental performance claims by such agencies.
(d) Glossary of Terms.--The Secretary of Commerce, through
the Director of the National Institute of Standards and
Technology, shall work with the heads of appropriate Federal
agencies and private-sector standards organizations to
facilitate the development and maintenance of a glossary of
standard definitions of terms used in the evaluation of
environmental performance claims.
[[Page 1367]]
(e) International Harmonization.--The Secretary of
Commerce, through the Director of the National Institute of
Standards and Technology, shall work with domestic and
international standards organizations to ensure harmonization
of domestic performance measurements with international
performance measurements consistent with applicable Federal
and State laws.
SEC. 302. VERIFICATION OF ENVIRONMENTAL TECHNOLOGIES.
(a) Designation of Entities to Perform Environmental
Technology Verification.--The Administrator may, in
accordance with this section and as part of, and consistent
with, the overall Federal environmental technology strategy
developed in section 201, designate entities to perform the
functions described in paragraphs (1) through (3) of
subsection (b). The Administrator may enter into joint
agreements with Federal agencies, State and local
governments, and nonprofit, private-sector representatives to
support entities designated by the Administrator under this
section.
(b) Functions.--Each entity designated under subsection
(a)--
(1) shall verify, evaluate, and, to the maximum extent
practicable, certify the performance, cost-effectiveness, and
ecological benefits of environmental technologies;
(2) shall disseminate information on the characteristics
referred to in paragraph (1), including information that
describes whether each environmental technology evaluated and
verified--
(A) meets the performance criteria of applicable law
(including regulations issued by the Administrator) under
tested conditions at comparable or lower costs than other
existing environmental technologies; and
(B) constitutes a significant advance in the development of
environmental technologies with broad applicability;
(3) shall submit to the Administrator data and other
information compiled by the entity with respect to each
environmental technology verified and evaluated by the entity
under this section; and
(4) may use support provided under this section to develop
technologies necessary for effective verification and
evaluation under paragraph (1) and may charge appropriate
fees for such verification and evaluation.
(c) Review by Administrator.--After receiving data and
other information from an entity designated under subsection
(a) with respect to an environmental technology under
subsection (b)(1), the Administrator shall conduct
appropriate review of the data, other information, and
protocols developed by such entity with respect to such
technology.
(d) Administration.--In carrying out this section, the
Administrator shall--
(1) by rule establish competitive procedures for soliciting
applications for and selecting, pursuant to criteria referred
to in subsection (e), entities to perform functions described
in subsection (b) and, as appropriate, designate model
entities;
(2) by rule establish eligibility criteria for entities to
be designated under this section;
(3) in collaboration with the heads of other appropriate
Federal agencies, including the Director of the National
Institute of Standards and Technology, certify, and as
appropriate, develop common protocols to evaluate the cost
and performance of environmental technologies;
(4) make generally available through guidance manuals or
other appropriate methods information regarding testing
protocols for environmental technologies and establish a
regular process for approving and updating such protocols;
(5) ensure that information regarding environmental
technologies verified and evaluated under this program is
disseminated pursuant to section 214;
(6) develop mechanisms to facilitate the verification of--
(A) environmental technologies developed or demonstrated by
small business concerns, nonprofit organizations, and United
States institutions of higher education; and
(B) environmental technologies that provide source
reduction; and
(7) consult with the heads of other Federal agencies to
make available, through cooperative agreements with the
entities designated under this section, sources and expertise
of Federal laboratories for use by such entities in
performing the functions described in subsection (b).
(e) Selection Criteria.--The Administrator, in consultation
with the heads of other Federal agencies, State and local
governments, and private sector organizations, shall select
entities under this section based on the following criteria:
(1) The capabilities of the applicant to provide a thorough
and credible technical and financial evaluation of
environmental technologies.
(2) The clarity and efficiency of the proposed procedures
for the receipt and review of applications for technology
verification.
(3) The likelihood of the continued viability of the
entity.
(4) The existence of a plan for disseminating
nonproprietary information regarding technologies verified by
the entity.
(5) The capability of the applicant to conduct evaluations
of technologies that address priority environmental concerns
consistent with the priorities established in section 201 of
this Act, including geographic areas that have been
designated as nonattainment areas under section
107(d)(1)(A)(i) of the Clean Air Act (42 U.S.C.
7407(d)(1)(A)(i)).
(6) Other criteria that the Administrator considers
appropriate.
(f) Merit-Based Selection Process.--Entities supported
under this section shall be selected only through a merit-
based selection process, established by the Administrator,
pursuant to the criteria described in subsection (e).
(g) Authority of Administrator.--The Administrator may,
consistent with applicable provisions of law and this
section, enter into cooperative agreements and contracts to
carry out this section.
(h) Direct Verification.--If the Administrator determines
that entities designated under this section cannot adequately
verify the performance of environmental technologies because
of scale or complexity, the Administrator may, consistent
with applicable provisions of law and this section, enter
into direct agreements to verify the performance of such
technologies.
(i) Review.--
(1) In general.--Any action by the Administrator to verify
or evaluate a technology (or to review a verification or
evaluation) under this section shall not constitute a final
action by the Administrator and shall not be subject to
judicial review.
(2) Failure to comply.--If a technology verified,
evaluated, or reviewed pursuant to this section fails to
comply with any applicable law (including regulations issued
by the Administrator), the verification, evaluation, or
confirmation shall not constitute a defense in an enforcement
action or suit and shall not create a cause of action against
the Environmental Protection Agency.
(3) Disclaimer.--Nothing in this section may be construed
to authorize the Administrator to grant a seal of approval of
any kind for any entity or technology, to create any
competitive advantage or disadvantage for any entity, to
authorize the Administrator to require any person to install
or use any technology pursuant to any program administered by
the Environmental Protection Agency, or to designate any
technology as meeting a regulatory requirement.
(j) Report.--The Administrator, in consultation with the
heads of other appropriate Federal agencies, and industry,
nonprofit, and other appropriate organizations, shall
annually submit to the Congress a report that evaluates the
implementation of this section. The report shall include a
description of the technologies verified pursuant to this
section, the number of the technologies verified, and the
extent of their use.
SEC. 303. USE OF CERTAIN ENVIRONMENTAL TECHNOLOGIES BY THE
FEDERAL GOVERNMENT.
(a) Establishment.--In any program of the President for
evaluating, prioritizing, and approving the purchase by the
Federal Government of environmental technologies, the
President shall, consistent with applicable procurement laws,
consider for such program any performance measurements for
environmental technologies as may have been developed by the
Secretary of Commerce pursuant to section 301(a).
(b) Report.--Within one year after the date of the
enactment of this Act and annually thereafter, the President
shall submit to the Congress a report describing the progress
made in carrying out this section and plans for carrying out
this section for the three years immediately following the
year in which the report is submitted.
TITLE IV--DEPARTMENT OF ENERGY ENVIRONMENTAL TECHNOLOGY DEVELOPMENT
SEC. 401. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
TECHNOLOGY DEVELOPMENT.
(a) Program.--The Secretary of Energy (in this title
referred to as the ``Secretary'') shall conduct programs of
research, development, and demonstration on--
(1) new and improved technologies for environmental
restoration and waste management (including waste
minimization);
(2) training for environmental technicians, engineers, and
scientists; and
(3) technologies for reducing worker exposure to
radioactivity in association with site remediation.
In carrying out this section, the Secretary shall
appropriately consider the strategic plan submitted under
section 201.
(b) Implementation Authority.--In implementing this
section, the Secretary may award grants to, and enter into
contracts, cooperative agreements, and other appropriate
arrangements with institutions of higher education, industry,
the National Laboratories, and other Federal agencies.
(c) Coordination with Initiative.--The Secretary shall
ensure that the activities conducted pursuant to this section
are appropriately coordinated with the activities conducted
pursuant to the Environmental Technologies Innovation
Initiative established under section 211.
(d) Coordination with Certain Other Activities.--The
Secretary shall coordinate activities under this section with
activities conducted by the Secretary of Labor under the new
technology program referred to in section 126(b)(9) of the
Superfund Amendment and Reauthorization Act of 1986 and by
the hazardous substance research development and
demonstration centers established pursuant to subsections (l)
and (o) of section 118 of such Act. Nothing in this section
may be construed to affect the obligation of the Secretary of
Energy to comply with section 126 of such Act.
SEC. 402. METALS RECYCLING DEMONSTRATION PROGRAM.
(a) Establishment.--The Secretary shall establish a program
to demonstrate the technological and economic feasibility of
recy-
[[Page 1368]]
cling and reusing radioactively uncontaminated and
decontaminated metals and equipment, and of other waste
minimization techniques. Under the program, the Secretary
shall analyze the extent to which sufficient private sector
commitment to provide decontamination services and to
purchase uncontaminated and decontaminated metals and
equipment either exists or can be generated to support such a
program of recycling and reuse.
(b) Scope.--The demonstration program established under
subsection (a) shall provide for the recycling and reuse of
the metals and equipment at a minimum of 3 National
Laboratories or former nuclear weapons production facilities,
and shall be of sufficient scope, and shall include an
appropriate variety of materials, to demonstrate the
feasibility of recycling and reusing radioactively
uncontaminated and decontaminated metals and equipment at all
National Laboratories and former nuclear weapons production
facilities. Such demonstration program shall be carried out
for a period of 3 years.
(c) Decontamination Technologies.--In the course of
carrying out the demonstration program, the Secretary shall
seek to promote the development of decontamination
technologies.
(d) Implementation Authority.--In implementing this
section, the Secretary may award grants to, and enter into
contracts, cooperative agreements, and other appropriate
arrangements with institutions of higher education, industry,
the National Laboratories, and other Federal agencies.
(e) Waste Storage Containers.--As part of the demonstration
program, the Secretary shall seek to demonstrate the
technological and economic feasibility of using only
materials owned by the Department of Energy on the date of
enactment of this Act for containers to store or dispose of
radioactively contaminated metals and equipment.
(f) Reports to Congress.--
(1) Requirement.--The Secretary shall--
(A) annually during the course of the demonstration program
established under this section, report to the Congress on the
progress made in the previous year under such program; and
(B) within 6 months after the completion of such
demonstration program, transmit a final report to the
Congress on the results of the program.
(2) Contents of final report.--The report required under
paragraph (1)(B) shall include--
(A) the findings of the Secretary on the success of the
demonstration program at achieving its purposes under this
section;
(B) a comparison of recycling and reusing radioactively
contaminated metals and equipment with the alternative of
containing and disposing of such metals and equipment;
(C) the quantitative assessment described in paragraph (3)
of this subsection; and
(D) a proposal, including any recommendations for necessary
legislation, for expanding the demonstration program to cover
radioactively uncontaminated and decontaminated metals and
equipment at all National Laboratories and former nuclear
weapons production facilities.
(3) Quantitative assessment.--To enable the Secretary to
carry out paragraph (2)(D), the Secretary shall develop a
quantitative estimate of--
(A) all metals and equipment owned by the Department at the
National Laboratories and former nuclear weapons production
facilities that are not radioactively contaminated and that
are suitable for resale or recycling;
(B) all metals and equipment owned by the Department at the
National Laboratories and former nuclear weapons production
facilities that have been radioactively contaminated but can
be recycled or reused by the Department; and
(C) all metals and equipment owned by the Department at the
National Laboratories and former nuclear weapons production
facilities that have been radioactively contaminated but can
be decontaminated and may be appropriate for sale to the
public.
(4) Factors in comparison.--In making the comparison
required under paragraph (2)(B), the Secretary shall consider
the full life cycle costs of each alternative, including
revenues or savings realized and the costs of treatment,
containment, storage, disposal, monitoring, and replacement.
Disposal costs shall be calculated on the basis of the costs
of such disposal to commercial disposal companies.
SEC. 403. FUNDING AND AUTHORIZATION.
(a) Research and Development Funding.--The Secretary shall
incrementally increase the proportion of the annual budget
request for the Environmental Restoration and Waste
Management program that is attributable to research and
development until such proportion is at least 10 percent,
except that the Secretary shall ensure that an increase under
this subsection does not affect other programs and activities
of the Department of Energy. This subsection shall apply to
budget requests beginning with the budget request for the 2nd
fiscal year that begins after the date of the enactment of
this Act.
(b) Authorization of Appropriations.--Of the funds made
available for the nondefense Environmental Restoration and
Waste Management program, there are authorized to be
appropriated--
(1) $10,000,000 for fiscal year 1995; and
(2) $11,500,000 for fiscal year 1996,
for nondefense research and development activities of the
Office of Technology Development, including the advanced
robotics program, for the development of safer, less
expensive, and more efficient environmental restoration and
waste management technologies.
SEC. 404. COORDINATION.
The Secretary shall, where appropriate, coordinate the
implementation of this title with the implementation of
sections 212 and 215 of this Act.
TITLE V--AUTHORIZATION OF APPROPRIATIONS
SEC. 501. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Except as provided in subsection (b),
there is hereby authorized to be appropriated for fiscal
years 1995 and 1996 such sums as may be necessary to carry
out this Act and the amendments made by this Act.
(b) Environmental Technologies Innovation Initiative.--
There is hereby authorized to be appropriated to carry out
the Environmental Technologies Innovation Initiative
established in subtitle B of title II the following:
(1) For fiscal year 1995, $70,000,000, of which $500,000 is
authorized to be appropriated for the President's Total
Environmental Quality Award established in section 213 for
fiscal year 1995 and $700,000 is authorized to be
appropriated for the study referred to in section 216.
(2) For fiscal year 1996, $120,000,000, of which $1,500,000
is authorized to be appropriated for the President's Total
Environmental Quality Award established in section 213.
SEC. 502. LIMITATION ON APPROPRIATIONS.
Notwithstanding any other provision of this Act, no funds
are authorized to be appropriated for any fiscal year after
fiscal year 1996 for carrying out the programs and activities
for which funds are authorized by this Act, or the amendments
made by this Act.
SEC. 503. COMPETITION REQUIREMENT FOR AWARDS OF FINANCIAL
ASSISTANCE.
(a) Competition Requirement.--No financial assistance
(including a grant, a contract, or any other award of
financial assistance) may be provided under a section of this
Act for research, development, or demonstration activities,
or for the construction of research, development, or
precommercial demonstration facilities, unless a competitive,
merit-based evaluation process consistent with such section
is used to award the financial assistance.
(b) Requirement of Specific Modification of Competition
Provision.--
(1) In general.--A provision of law may not be construed as
modifying or superseding subsection (a), or as requiring that
financial assistance (including a grant, a contract, or any
other type of financial assistance) be awarded under a
section of this Act in a manner inconsistent with subsection
(a), unless such provision of law--
(A) specifically refers to this section;
(B) specifically states that such provision of law modifies
or supersedes subsection (a); and
(C) specifically identifies the person to be awarded the
financial assistance and states that the financial assistance
to be awarded pursuant to such provision of law is being
awarded in a manner inconsistent with subsection (a).
(2) Notice and wait requirement.--No financial assistance
(including a grant, a contract, or any other type of
financial assistance) may be awarded pursuant to a provision
of law that requires or authorizes the award of the financial
assistance under this Act in a manner inconsistent with
subsection (a) until--
(A) the head of the Federal agency intending to award the
financial assistance submits to the Congress a written notice
of the intent to award the financial assistance; and
(B) 180 days has elapsed after the date on which the notice
is received by the Congress.
TITLE VI--RISK ASSESSMENT IMPROVEMENT
SEC. 601. CRITERIA FOR RISK ASSESSMENT.
Any risk assessment under section 201(a)(2) shall contain
the following:
(1) Criteria for accepting and evaluating data.
(2) A complete description of any mathematical models or
other assumptions likely to be used in the risk assessment,
including a discussion of their plausibility.
(3) A description of the default options, the justification
and validation for the default options, and an explicit
statement of the rationale for selecting a particular default
option, in the absence of adequate data, based on explicitly
stated science policy choices and consideration of relevant
scientific information.
(4) The technical justification for, and a description of
the degree of, conservatism each default option imposes upon
the risk assessment.
(5) Criteria for using iterative or tiered approaches to
risk assessment, with varying levels of effort and data
requirements in the conduct of risk assessment based on the
need for accuracy of the risk estimate.
(6) Criteria for conducting uncertainty analysis during the
course of the risk assessment, and an explanation of the data
needs for such analysis.
(7) Effective methods for reporting risk assessment, to
ensure that the results are reasonably understandable by
interested persons, including formats which clearly identify
and distinguish sources of uncertainty and variability in the
risk assessment.
(8) Criteria for identification and use of the most
plausible and unbiased methodologies
[[Page 1369]]
and assumptions, given the scientific information available.
(9) Relevant information on data and assessment methods
that significantly influence the risk estimate.
(10) A statement of the limitations, assumptions, and
default options included in the assessment and a statement of
the rationale and extent of scientific consensus with respect
to their use.
(11) A statement that identifies major uncertainties and
their influence upon the assessment. The statement shall
characterize uncertainties associated with experimental
measurement errors and uncertainties associated with the
choice of specific models and default options.
(12) The range and distribution of exposures derived from
exposure scenarios used in a risk assessment, including, for
example, upper-bound and central estimate(s) and their
qualitative, or where possible quantitative, likelihood, and,
when available and appropriate, the identification of highly
susceptible groups, species, individuals, and subpopulations
whose exposure exceeds that of the general population.
(13) The use of both quantitative and qualitative
descriptors, when available and appropriate, to present a
comprehensive range of risks which are or may be encountered
by the various populations and individuals in a human health
risk assessment, or by the various species and ecological
communities in an ecological risk assessment, exposed to the
environmental hazard being evaluated in the risk assessment.
(14) A description of appropriate statistical expressions
of the range and variability of the risk estimate, including
the population or populations addressed by any risk
estimate(s), central estimates of the risk for the specific
population, any appropriate upper-bound and lower-bound
estimates, and the reasonable range or other description of
uncertainties in the assessment process.
(15) Comparisons of risk to public health, including
appropriate comparisons with estimates of other risks to
health, including those that are familiar to and routinely
encountered by the general public, and relevant substitution
risks, where information on such risks is made available.
Comparisons shall identify relevant distinctions among
categories or risks and limitations to comparisons.
SEC. 602. SAVINGS PROVISION.
Nothing in this title shall be construed to modify any
requirement or standard provided for in another provision of
law that provides for risk assessment or is designed to
protect health, safety, or the environment. Nothing in this
title shall be construed to require the conduct of a risk
assessment or a risk characterization that is not required by
law.
SEC. 603. DEFINITIONS.
For purposes of this title:
(1) The term ``comparisons of risk'' means a process to
systematically estimate, compare, and rank the size and
severity of environmental risks or health risks in order to
provide a common basis for evaluating strategies for reducing
or preventing those risks.
(2) The term ``default option'' means a condition,
assumption, or fact that is presumed on the basis of
available data and prevailing theory.
(3) The term ``risk assessment'' means the process or
procedure by which the potential adverse health or ecological
effects of exposure of human or nonhuman species to
environmental hazards is characterized.
(4) The term ``uncertainty analysis'' means the systematic
process of identifying that which is not known or is unclear,
including measurement errors, the lack of fundamental
knowledge needed to choose among alternative hypotheses, and
assumptions, or experimental models.
(5) The term ``central estimates'' means estimates of
central tendencies or expected risk based, to the extent
feasible, on the most plausible and unbiased assumptions,
given the scientific information available.
(6) The term ``substitution risk'' means a potential
increase in certain types of risk from a strategy designed to
decrease other risks.
TITLE VII--BUY AMERICA
SEC. 701. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.
(a) Sense of Congress.--It is the sense of the Congress
that, to the greatest extent practicable, all equipment and
products purchased with funds made available in this Act
should be American-made.
(b) Notice Requirement.--In providing financial assistance
to, or entering into any contract with, any entity using
funds made available in this Act, the head of each Federal
agency, to the greatest extent practicable, shall provide to
such entity a notice describing the statement made in
subsection (a) by the Congress.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. MAZZOLI, announced that the yeas had it.
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 83.17 h. res. 476--unfinished business
The SPEAKER pro tempore, Mr. MAZZOLI, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and agree to the resolution (H. Res. 476) congratulating the people of
Germany and the citizens of Berlin on the occasion of the withdrawal of
United States troops from Berlin, and reaffirming United States-Berlin
friendship.
The question being put,
Will the House suspend the rules and agree to said resolution?
The vote was taken by electronic device.
It was decided in the
Yeas
425
<3-line {>
affirmative
Nays
0
Para. 83.18 [Roll No. 354]
YEAS--425
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
[[Page 1370]]
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Zeliff
Zimmer
NOT VOTING--9
Carr
DeLay
Rangel
Rostenkowski
Slattery
Tucker
Washington
Wheat
Young (FL)
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said resolution was agreed to was, by unanimous consent, laid on the
table.
Para. 83.19 aviation infrastructure investment
On motion of Mr. MINETA, by unanimous consent, the bill (H.R. 2739) to
amend the Airport and Airway Improvement Act of 1982 to authorize
appropriations for fiscal years 1994, 1995, and 1996, and for other
purposes; together with the amendment of the Senate thereto, was taken
from the Speaker's table.
When on motion of Mr. MINETA, it was,
Resolved, That the House disagree to the amendment of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Thereupon, the SPEAKER pro tempore, Ms. LONG, by unanimous consent,
announced the appointment of the following Members as managers on the
part of the House at said conference:
From the Committee on Public Works and Transportation, for
consideration of titles I and II of the House bill, and the Senate
amendment (except sections 121, 206, 304, 415, 418 and title VI), and
modifications committed to conference:
Messrs. Mineta, Rahall, Oberstar, Borski, Clement, Shuster, Clinger,
and Petri.
From the Committee on Banking, Finance and Urban Affairs, for
consideration of title VI of the Senate amendment, and modifications
committed to conference:
Messrs. Gonzalez, Neal of North Carolina, and Leach.
From the Committee on Education and Labor, for consideration of
section 418 of the Senate amendment, and modifications committed to
conference:
Messrs. Ford of Michigan, Owens, and Goodling.
From the Committee on Education and Labor, for consideration of
section 208 of the House bill, and modifications committed to
conference:
Messrs. Ford of Michigan, Clay, Williams, and Goodling, and Mrs.
Roukema.
From the Committee on Foreign Affairs, for consideration of section
415 of the Senate amendment, and modifications committed to conference:
Messrs. Hamilton, Lantos, Ackerman, Berman, Faleomavaega, Gilman,
Goodling, and Leach.
From the Committee on Science, Space and Technology, for consideration
of title III of the House bill, and sections 206 and 304 of the Senate
amendment, and modifications committed to conference:
Messrs. Brown of California, Valentine, Glickman, and Geren, Ms.
Harman, Mr. Walker, Mr. Lewis of Florida, and Mrs. Morella.
From the Committee on Ways and Means, for consideration of title IV of
the House bill, and sections 121 and 122 of the Senate amendment, and
modifications committed to conference:
Messrs. Gibbons, Rostenkowski, Pickle, Rangel, Stark, Archer, Crane,
and Thomas of California.
Ordered, That the Clerk notify the Senate thereof.
Para. 83.20 senate joint resolution referred
A joint resolution of the Senate of the following title was taken from
the Speaker's table and, under the rule, referred as follows:
S.J. Res. 195. Joint resolution to designate August 1,
1994, as ``Helsinki Human Rights Day''; to the Committees on
Foreign Affairs and Post Office and Civil Service.
Para. 83.21 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. DeLAY, for today;
To Mr. YOUNG of Florida, for today;
To Mr. TUCKER, for today; and
To Mr. FALEOMAVAEGA, for today after 4:50 p.m.
And then,
Para. 83.22 adjournment
On motion of Mr. Burton, at 8 o'clock and 10 minutes p.m., the House
adjourned.
Para. 83.23 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BAKER of California:
H.R. 4829. A bill to require equal coverage under a health
plan for all children under the age of 27 of an individual
who enrolls in the plan under a family class of enrollment;
jointly, to the Committees on Energy and Commerce, Education
and Labor, and the Judiciary.
By Mr. COOPER (for himself, Mr. Gordon, Mr. Brewster,
Mrs. Lloyd, Mr. Tanner, Mr. Clement, Mr. Santorum,
Mr. Andrews of New Jersey, Mr. Tauzin, Mr. McCurdy,
Mrs. Johnson of Connecticut, Mr. Penny, Mr.
Gunderson, Mr. Moran, and Mr. Mazzoli):
H.R. 4830. A bill to amend title 18 of the United States
Code with respect to the admissibility of certain evidence;
to the Committee on the Judiciary.
By Mr. GALLEGLY (for himself, Mr. Kyl, Mr. Spence, and
Mr. Stump):
H.R. 4831. A bill to establish a national commission to
review the regular military compensation of members of the
Armed Forces and develop recommendations to end the
dependence of some members and their families on Federal and
local assistance programs; to the Committee on Armed
Services.
By Ms. KAPTUR (for herself, Ms. Pelosi, Mr. Solomon,
and Mrs. Bentley):
H.R. 4832. A bill to apply the column 2 duty rate to the
products of the People's Republic of China, with certain
provisions relating to worker rights and the environment;
jointly, to the Committees on Ways and Means and Foreign
Affairs.
By Mr. RICHARDSON:
H.R. 4833. A bill to reform the management of Indian Trust
Funds, and for other purposes; to the Committee on Natural
Resources.
By Mr. UPTON:
H.R. 4834. A bill to amend the Internal Revenue Code of
1986 to eliminate the requirement that States pay
unemployment compensation on the basis of services performed
by election workers; to the Committee on Ways and Means.
By Mr. BARCA of Wisconsin:
H. Con. Res. 273. Concurrent resolution expressing the
sense of the Congress that any comprehensive health care
reform measure should ensure that extemporaneous compounding
is made available to provide allergen-free medications for
persons who suffer from severe food allergies or other
medical conditions; to the Committee on Energy and Commerce.
By Mr. ACKERMAN:
H. Res. 490. Resolution condemning the terrorist attacks on
the Delegation of Argentine Israeli Associations on July 18,
1994, and a Panamanian commuter plane on July 20, 1994; to
the Commission of Foreign Affairs.
Para. 83.24 private bills and resolutions
Under clause 1 of rule XXII, private bills and resolutions were
introduced and severally referred as follows:
By Mr. HASTINGS:
H.R. 4835. A bill to authorize the Secretary of
Transportation to issue certificates of documentation with
appropriate endorsement for employment in coastwise trade for
each of 2 vessels named Gallant Lady, subject to the
condition that the owner of the vessels submit to the
Secretary a letter of intent to enter into a contract for
construction of a passenger vessel in the United States; to
the Committee on Merchant Marine and Fisheries.
By Mr. KENNEDY:
H.R. 4836. A bill to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
for the vessel Maranatha; to the Committee on Merchant Marine
and Fisheries.
By Mr. LANCASTER:
H.R. 4837. A bill to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
and fisheries for the vessel Attitude; to the Committee on
Merchant Marine and Fisheries.
By Mr. MANTON:
H.R. 4838. A bill to authorize the issuance of a
certificate of documentation with appropriate endorsement for
the vessel Firebird, and for other purposes; to the Committee
on Merchant Marine and Fisheries.
[[Page 1371]]
Para. 83.25 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 39: Mr. Spratt.
H.R. 214: Mr. Stearns and Ms. Schenk.
H.R. 417: Mrs. Morella and Mr. Bartlett of Maryland.
H.R. 799: Mr. McInnis.
H.R. 961: Mrs. Byrne and Mr. Coppersmith.
H.R. 963: Mr. Gillmor.
H.R. 1110: Mr. Moorhead.
H.R. 1276: Mr. Boucher.
H.R. 1277: Mr. Allard and Mr. Stearns.
H.R. 1391: Mr. Dellums and Mr. Neal of Massachusetts.
H.R. 1417: Mrs. Meek of Florida and Mr. Hinchey.
H.R. 2132: Mr. Yates and Mr. Jefferson.
H.R. 2360: Mr. Fazio.
H.R. 2418: Mr. Boehlert.
H.R. 2623: Mr. LaRocco.
H.R. 2720: Mr. McCloskey and Mr. Packard.
H.R. 2790: Mr. Abercrombie.
H.R. 2898: Mr. Lantos.
H.R. 3128: Ms. Schenk.
H.R. 3227: Mr. Klink, Mr. Hall of Texas, Mr. Talent, Mr.
Pickett, Mrs. Fowler, Ms. Lowey, Mr. Thompson, and Mr. Levy.
H.R. 3250: Mr. Kingston, Mr. Kyl, and Mr. Stearns.
H.R. 3270: Mr. Swett, Mr. Boucher, Mr. Pete Geren of Texas,
Mrs. Collins of Illinois, Mr. Stark, and Mr. Smith of Iowa.
H.R. 3288: Mr. Moran and Mrs. Lloyd.
H.R. 3322: Mr. Levin.
H.R. 3392: Mr. Clinger and Mr. Gekas.
H.R. 3421: Mr. Weldon.
H.R. 3546: Mrs. Lloyd.
H.R. 3596: Mr. Canady and Mr. Lewis of Florida.
H.R. 3633: Mr. Royce and Mr. McHale.
H.R. 3716: Mr. Schaefer.
H.R. 3722: Mrs. Lloyd.
H.R. 3725: Mr. Stearns and Mr. Knollenberg.
H.R. 3791: Mr. Crane, Ms. Lambert, Mr. Talent, and Mr.
Dickey.
H.R. 3820: Mr. Tucker.
H.R. 3860: Mrs. Fowler.
H.R. 3866: Mr. Bonior.
H.R. 3875: Mr. Camp, Mr. Rose, and Mr. Gekas.
H.R. 3903: Mr. Fish and Mr. McCrery.
H.R. 3904: Mr. Frank of Massachusetts.
H.R. 3913: Mr. Portman.
H.R. 3967: Mr. Coopersmith.
H.R. 3971: Mr. Cunningham, Mr. Young of Florida, Mr.
Hobson, Mr. Quinn, and Mr. Gene Green of Texas.
H.R. 4024: Mr. Hamburg.
H.R. 4036: Mr. Stearns and Ms. Schenk.
H.R. 4051: Mr. Johnson of South Dakota and Mr. Jacobs.
H.R. 4068: Mr. Doolittle and Mr. Fazio.
H.R. 4086: Mr. Brown of Ohio, Mr. Fish, Mr. Durbin, Mr.
Rush, Mr. Edwards of California.
H.R. 4088: Mr. Hefner, Mr. Richardson, Mr. Stenholm, Mr.
Payne of Virginia, and Mr. Parker.
H.R. 4106: Mr. Fish.
H.R. 4178: Mr. Rohrabacher.
H.R. 4198: Mr. Zimmer.
H.R. 4269: Mr. Fish, Mr. Rohrabacher, and Mr. Hyde.
H.R. 4345: Mr. Hyde.
H.R. 4347: Mr. Hayes.
H.R. 4386: Ms. English of Arizona, Mr. Jefferson, Mr.
Strickland, Mr. Stenholm, and Mr. Payne of Virginia.
H.R. 4412: Mr. Knollenberg.
H.R. 4413: Mr. Owens, Mr. Faleomavaega, and Mr. Lancaster.
H.R. 4433: Mr. Istook and Mr. Hyde.
H.R. 4434: Mr. Boehner, Mr. Cooper, and Mr. Johnson of
Georgia.
H.R. 4491: Mr. Stearns and Mr. Neal of North Carolina.
H.R. 4555: Mr. Lucas and Mr. Calvert.
H.R. 4565: Mr. Strickland, Mr. Packard, and Mr. Inslee.
H.R. 4589: Mr. Knollenberg.
H.R. 4618: Mr. Hochbrueckner, Mr. Evans, and Mrs. Morella.
H.R. 4666: Mr. Oberstar.
H.R. 4669: Mr. Hochbrueckner, Mr. Evans, and Mrs. Morella.
H.R. 4695: Mr. Jefferson and Mr. Watt.
H.R. 4710: Mr. Lipinski.
H.R. 4724: Mr. Hefner, Mr. Richardson, Mr. Stenholm, Mr.
Payne of Virginia, and Mr. Parker.
H.R. 4737: Mr. Brown of California.
H.R. 4739: Mr. Johnson of South Dakota and Ms. Danner.
H.R. 4768: Mr. Hefner, Mr. Richardson, Mr. Stenholm, Mr.
Payne of Virginia, and Mr. Parker.
H.R. 4776: Mr. Hefner, Mr. Richardson, Mr. Stenholm, Mr.
Payne of Virginia, and Mr. Parker.
H.R. 4805: Mr. McInnis.
H.R. 4814: Mr. Lipinski.
H.R. 4822: Mrs. Clayton.
H.J. Res. 44: Mr. McHugh.
H.J. Res. 369: Mr. Sawyer, Mr. Hinchey, Ms. Kaptur, Mr.
Stupak, Ms. Schenk, Ms. Furse, Mr. Sharp, Mr. Studds, Mr.
Hochbrueckner, Mr. Bilirakis, Mr. Ewing, Mr. Smith of Texas,
Mr. Burton of Indiana, Mr. Hughes, Mr. Yates, and Mr. Lantos.
H.J. Res. 385: Mr. Price of North Carolina.
H.J. Res. 390: Mr. Obey, Mr. Mineta, and Mr. Franks of New
Jersey.
H. Con. Res. 98: Mr. Gilchrest and Mr. Lehman.
H. Con. Res. 148: Mr. Bunning and Mr. Paxon.
H. Con. Res. 210: Mr. Zimmer.
H. Con. Res. 229: Mr. Hamburg.
H. Con. Res. 243: Mr. Watt, Mr. Shaw, and Mr. Miller of
California.
H. Con. Res. 256: Mrs. Roukema and Ms. Kaptur.
H. Con. Res. 269: Mr. Emerson, Mr. Cooper, Mr. Calvert, and
Mrs. Fowler.
H. Res. 255: Mr. Gunderson.
H. Res. 451: Ms. Woolsey, Mr. Bartlett of Maryland, Mr.
Packard, Mr. Inslee, Mr. Browder, Mr. Barcia of Michigan, and
Mr. Stupak.
H. Res. 472: Mr. Kolbe, Mr. Shays, Mr. Dickey, Mr. Hyde,
Mr. Grams, Mr. Calvert, Mr. Bilirakis, Mr. Inglis of South
Carolina, Mr. Mica, Mr. Bartlett of Maryland, Mr. Hutchinson,
Mr. Crapo, Mr. Greenwood, and Mr. Buyer.
H. Res. 473: Mrs. Morella.
.
WEDNESDAY, JULY 27, 1994 (84)
The House was called to order by the SPEAKER.
Para. 84.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Tuesday, July 26, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 84.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
Under clause 2 of rule XXIV, executive communications were taken from
the Speaker's table and referred as follows:
3574. A letter from the Secretary, Department of Housing
and Urban Development, transmitting the fifth annual report
describing the status of multifamily housing subject to
subsection (a) of section 203(k) of the Housing and Community
Development amendments of 1978, as amended, pursuant to 42
U.S.C. 1701z-11; to the Committee on Banking, Finance and
Urban Affairs.
3575. A letter from the Clerk of the House, transmitting
the annual compilation of personal financial disclosure
statements and amendments thereto filed with the Clerk of the
House of Representatives, pursuant to 2 U.S.C. 703(d)(1) and
Rule XLIV, clause 1 of House Rules (H. Doc. No. 103-286); to
the Committee on House Administration and ordered to be
printed.
3576. A letter from the Comptroller General, General
Accounting Office, transmitting GAO's audit of the
Foundation's statements of financial position as of December
31, 1992, 1991, and 1990, and the related statements of
revenues and expenses and changes in fund balance, and cash
flows for the years then ended, pursuant to Public Law 101-
525, section 8 (104 Stat. 2308); jointly, to the Committees
on Education and Labor and Government Operations.
3577. A letter from the Secretary, Department of Energy,
transmitting notification that the report entitled,
``Adequacy of Management Plans for the Future Generation of
Spent Nuclear Fuel and High-Level Radioactive Waste'' is
currently being prepared for submission by September 30,
1994, pursuant to 42 U.S.C. 10101 note; jointly, to the
Committees on Natural Resources and Energy and Commerce.
3578. A letter from the General Counsel, Department of
Commerce, transmitting a draft of proposed legislation
entitled, the ``Marine Navigation Trust Fund Act of 1994'';
jointly, to the Committees on Merchant Marine and Fisheries,
Public Works and Transportation, and Ways and Means.
Para. 84.3 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate has passed bills of the following titles in which the
concurrence of the House is requested:
S. 1030. An Act to amend title 38, United States Code, to
improve the Department of Veterans Affairs program of sexual
trauma services for veterans, to improve certain Department
of Veterans Affairs programs for women veterans, to extend
the period of entitlement to inpatient care for veterans
exposed to Agent Orange or ionizing radiation, to establish a
hospice care pilot program, to establish a rural health care
clinics program, to authorize the Secretary of Veterans
Affairs to provide per diem payments and construction grants
to State homes for adult day health care services, to
establish an education debt reduction program, and for other
purposes; and
S. 1146. An Act to provide for the settlement of the water
rights claims of the Yavapai-Prescott Indian Tribe in Yavapai
County, Arizona, and for other purposes.
Para. 84.4 hour of meeting
On motion of Mr. SKAGGS, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 11
o'clock a.m. on Thursday, July 28, 1994.
Para. 84.5 hour of meeting
On motion of Mr. SKAGGS, by unanimous consent,
Ordered, That when the House adjourns on Thursday, July 28, 1994, it
adjourn to meet at 11 o'clock a.m. on Friday, July 29, 1994.
[[Page 1372]]
Para. 84.6 california desert protection
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to House Resolution
422 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the further consideration
of the bill (H.R. 518) to designate certain lands in the California
Desert as wilderness, to establish the Death Valley and Joshua Tree
National Parks and the Mojave National Monument, and for other purposes.
Mr. PETERSON of Flordia, Chairman of the Committee of the Whole,
resumed the chair; and after some time spent therein,
Para. 84.7 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment, as modified, submitted by Mr.
CALVERT:
At the end of the bill, add the following new section:
``SEC. 703. EFFECTIVE DATE.
This Act shall take effect when the National Park Service
has reduced the nationwide backlog of land acquisition,
construction and park operations by 50 percent. The scope of
the backlog shall be determined as of the date of enactment
of this Act, by the Director of the Office of Management and
Budget, and shall certify when the backlog has been reduced
by the requirements of this section.''
It was decided in the
Yeas
138
<3-line {>
negative
Nays
288
Para. 84.8 [Roll No. 355]
AYES--138
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bilirakis
Bliley
Blute
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Carr
Castle
Clinger
Coble
Collins (GA)
Combest
Condit
Cox
Crane
Crapo
Cunningham
DeLay
Dornan
Dreier
Duncan
Dunn
Emerson
Everett
Ewing
Fields (TX)
Fowler
Gallegly
Gallo
Gekas
Geren
Goodlatte
Goss
Grams
Grandy
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hoekstra
Hoke
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson, Sam
Kasich
Kim
King
Kingston
Knollenberg
Kolbe
Kyl
Lancaster
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Myers
Nussle
Orton
Oxley
Packard
Paxon
Penny
Peterson (MN)
Petri
Pombo
Portman
Pryce (OH)
Quinn
Roberts
Rogers
Rohrabacher
Roth
Royce
Saxton
Schaefer
Schiff
Sensenbrenner
Shuster
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Spence
Stearns
Stump
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Walker
Young (AK)
Young (FL)
Zeliff
NOES--288
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Chapman
Clay
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Furse
Gejdenson
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Greenwood
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Holden
Horn
Hughes
Hutto
Inslee
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Klug
Kopetski
Kreidler
LaFalce
Lambert
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pickle
Pomeroy
Porter
Poshard
Price (NC)
Quillen
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roemer
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Weldon
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Zimmer
NOT VOTING--13
Bentley
Clayton
Doolittle
Fish
Frost
Gingrich
Goodling
Hoyer
Owens
Slattery
Solomon
Washington
Wheat
So the amendment, as modified, was not agreed to.
After some further time,
Para. 84.9 motion to limit debate
A recorded vote by electronic device was ordered in the Committee of
the Whole on the motion of Mr. MILLER of California to limit debate on
the bill and all remaining amendments to the bill to 2 o'clock p.m.,
today.
It was decided in the
Yeas
246
<3-line {>
affirmative
Nays
179
Para. 84.10 [Roll No. 356]
AYES--246
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barlow
Barrett (WI)
Becerra
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Martinez
Matsui
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Price (NC)
Quillen
Rahall
Rangel
Ravenel
Reed
Richardson
Ridge
Roemer
Romero-Barcelo (PR)
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
[[Page 1373]]
Swift
Synar
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Washington
Waters
Watt
Waxman
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOES--179
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Beilenson
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Brewster
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Hobson
Hoekstra
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manzullo
Mazzoli
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Moorhead
Morella
Myers
Nussle
Orton
Oxley
Packard
Paxon
Petri
Pickle
Pombo
Porter
Portman
Pryce (OH)
Quinn
Ramstad
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Talent
Tauzin
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Whitten
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--14
Bentley
Clay
Dellums
Fields (TX)
Herger
Hilliard
Hoke
Markey
Molinari
Norton (DC)
Reynolds
Slattery
Valentine
Wheat
So the motion was agreed to.
After some further time,
The SPEAKER pro tempore, Mr. SWIFT, assumed the Chair.
When Mr. PETERSON of Florida, Chairman, pursuant to House Resolution
422, reported the bill back to the House with an amendment adopted by
the Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
That this Act may be cited as the ``California Desert
Protection Act of 1994''.
findings and policy
Sec. 2. (a) The Congress finds and declares that--
(1) the federally owned desert lands of Southern California
constitute a public wildland resource of extraordinary and
inestimable value for this and future generations;
(2) these desert wildlands display unique scenic,
historical, archeological, environmental, ecological,
wildlife, cultural, scientific, educational, and recreational
values used and enjoyed by millions of Americans for hiking
and camping, scientific study and scenic appreciation;
(3) the public land resources of the California desert now
face and are increasingly threatened by adverse pressures
which would impair, dilute, and destroy their public and
natural values;
(4) the California desert, embracing wilderness lands,
units of the National Park System, other Federal lands, State
parks and other State lands, and private lands, constitutes a
cohesive unit posing unique and difficult resource protection
and management challenges;
(5) through designation of national monuments by
Presidential proclamation, through enactment of general
public land statutes (including section 601 of the Federal
Land Policy and Management Act of 1976, 90 Stat. 2743, 43
U.S.C. 1701 et seq.) and through interim administrative
actions, the Federal Government has begun the process of
appropriately providing for protection of the significant
resources of the public lands in the California desert; and
(6) statutory land unit designations are needed to afford
the full protection which the resources and public land
values of the California desert merit.
(b) In order to secure for the American people of this and
future generations an enduring heritage of wilderness,
national parks, and public land values in the California
desert, it is hereby declared to be the policy of the
Congress that--
(1) appropriate public lands in the California desert shall
be included within the National Park System and the National
Wilderness Preservation System, in order to--
(A) preserve unrivaled scenic, geologic, and wildlife
values associated with these unique natural landscapes;
(B) perpetuate in their natural state significant and
diverse ecosystems of the California desert;
(C) protect and preserve historical and cultural values of
the California desert associated with ancient Indian
cultures, patterns of western exploration and settlement, and
sites exemplifying the mining, ranching and railroading
history of the Old West;
(D) provide opportunities for compatible outdoor public
recreation, protect and interpret ecological and geological
features and historic, paleontological, and archeological
sites, maintain wilderness resource values, and promote
public understanding and appreciation of the California
desert; and
(E) retain and enhance opportunities for scientific
research in undisturbed ecosystems.
TITLE I--WILDERNESS ADDITIONS
findings
Sec. 101. The Congress finds and declares that--
(1) wilderness is a distinguishing characteristic of the
public lands in the California desert, one which affords an
unrivaled opportunity for experiencing vast areas of the Old
West essentially unaltered by man's activities, and which
merits preservation for the benefit of present and future
generations;
(2) the wilderness values of desert lands are increasingly
threatened by and especially vulnerable to impairment,
alteration, and destruction by activities and intrusions
associated with incompatible use and development; and
(3) preservation of desert wilderness necessarily requires
the highest forms of protective designation and management.
designation of wilderness
Sec. 102. In furtherance of the purpose of the Wilderness
Act (78 Stat. 890, 16 U.S.C. 1131 et seq.), and sections 601
and 603 of the Federal Land Policy and Management Act of 1976
(90 Stat. 2743, 43 U.S.C. 1701 et seq.), the following lands
in the State of California, as generally depicted on maps
referenced herein, are hereby designated as wilderness, and
therefore, as components of the National Wilderness
Preservation System:
(1) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventy-four thousand eight hundred and ninety
acres, as generally depicted on a map entitled ``Argus Range
Wilderness--Proposed 1'', dated May 1991, and two maps
entitled ``Argus Range Wilderness--Proposed 2'' and ``Argus
Range Wilderness--Proposed 3'', dated January 1989, and which
shall be known as the Argus Range Wilderness. If at any time
within 15 years after the date of enactment of this Act the
Secretary of the Navy notifies the Secretary of the Interior
that permission has been granted to use lands within the area
of the China Lake Naval Air Warfare Center for installation
of a space energy laser facility, and that establishment of a
right-of-way across lands within the Argus Range Wilderness
is desirable in order to facilitate access to the lands to be
used for such facility, the Secretary of the Interior,
pursuant to the Federal Land Policy and Management Act of
1976, may grant a right-of-way for, and authorize
construction of, a road to be used solely for that purpose
across such lands, notwithstanding the designation of such
lands as wilderness. So far as practicable, any such road
shall be aligned in a manner that takes into account the
desirability of minimizing adverse impacts on wilderness
values.
(2) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately ten thousand three hundred and eighty acres, as
generally depicted on a map entitled ``Bigelow Cholla Garden
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Bigelow Cholla Garden Wilderness.
(3) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, and within the San
Bernardino National Forest, which comprise approximately
thirty-nine thousand two hundred acres, as generally depicted
on a map entitled ``Bighorn Mountain Wilderness--Proposed'',
dated September 1991, and which shall be known as the Bighorn
Mountain Wilderness.
(4) Certain lands in the California Desert Conservation
Area and the Yuma District, of the Bureau of Land Management,
which comprise approximately forty-seven thousand five
hundred and seventy acres, as generally depicted on a map
entitled ``Big Maria Mountains Wilderness--Proposed'', dated
February 1986, and which shall be known as the Big Maria
Mountains Wilderness.
(5) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirteen thousand nine hundred and forty acres,
as generally depicted on a map entitled ``Black Mountain
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Black Mountain Wilderness.
[[Page 1374]]
(6) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately nine thousand five hundred and twenty acres, as
generally depicted on a map entitled ``Bright Star
Wilderness--Proposed'', dated May 1991, and which shall be
known as the Bright Star Wilderness.
(7) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately sixty-eight thousand five hundred and fifteen
acres, as generally depicted on two maps entitled ``Bristol
Mountains Wilderness--Proposed 1'', and ``Bristol Mountains
Wilderness--Proposed 2'', dated September 1991, and which
shall be known as Bristol Mountains Wilderness.
(8) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-nine thousand seven hundred and forty
acres, as generally depicted on a map entitled ``Cadiz Dunes
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Cadiz Dunes Wilderness.
(9) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately eighty-four thousand four hundred acres, as
generally depicted on a map entitled ``Cady Mountains
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Cady Mountains Wilderness.
(10) Certain lands in the California Desert Conservation
Area and Eastern San Diego County, of the Bureau of Land
Management, which comprise approximately fifteen thousand
seven hundred acres, as generally depicted on a map entitled
``Carrizo Gorge Wilderness--Proposed'', dated February 1986,
and which shall be known as the Carrizo Gorge Wilderness.
(11) Certain lands in the California Desert Conservation
Area and Yuma District, of the Bureau of Land Management,
which comprise approximately sixty-four thousand three
hundred and twenty acres, as generally depicted on a map
entitled ``Chemehuevi Mountains Wilderness--Proposed'', dated
July 1993, and which shall be known as the Chemehuevi
Mountains Wilderness.
(12) Certain lands in the Bakersfield District, of the
Bureau of Land Management, which comprise approximately
thirteen thousand seven hundred acres, as generally depicted
on two maps entitled ``Chimney Peak Wilderness--Proposed 1''
and ``Chimney Peak Wilderness--Proposed 2'', dated May 1991,
and which shall be known as the Chimney Peak Wilderness.
(13) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred fifty-eight thousand nine hundred
and fifty acres, as generally depicted on two maps entitled
``Chuckwalla Mountains Wilderness--Proposed 1'' and
``Chuckwalla Mountains Wilderness--Proposed 2'', dated
January 1989, and which shall be known as the Chuckwalla
Mountains Wilderness.
(14) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
thirty-four thousand three hundred and eighty acres, as
generally depicted on a map entitled ``Cleghorn Lakes
Wilderness--Proposed'', dated September 1991, and which shall
be known as the Cleghorn Lakes Wilderness. The Secretary may,
pursuant to an application filed by the Department of
Defense, grant a right-of-way for, and authorize construction
of, a road and utilities within the area depicted as
``nonwilderness road corridor'' on such map.
(15) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately forty thousand acres, as generally depicted on
a map entitled ``Clipper Mountain Wilderness--Proposed'',
dated May 1991, and which shall be known as Clipper Mountain
Wilderness.
(16) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately fifty thousand five hundred and twenty acres,
as generally depicted on a map entitled ``Coso Range
Wilderness--Proposed'', dated May 1991, and which shall be
known as Coso Range Wilderness.
(17) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventeen thousand acres, as generally depicted
on a map entitled ``Coyote Mountains Wilderness--Proposed'',
dated July 1993, and which shall be known as Coyote Mountains
Wilderness.
(18) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately eight thousand six hundred acres, as generally
depicted on a map entitled ``Darwin Falls Wilderness--
Proposed'', dated May 1991, and which shall be known as
Darwin Falls Wilderness.
(19) Certain lands in the California Desert Conservation
Area and the Yuma District, of the Bureau of Land Management,
which comprise approximately forty-eight thousand eight
hundred and fifty acres, as generally depicted on a map
entitled ``Dead Mountains Wilderness--Proposed'', dated
October 1991, and which shall be known as Dead Mountains
Wilderness.
(20) Certain lands in the Bakersfield District, of the
Bureau of Land Management, which comprise approximately
thirty-six thousand three hundred acres, as generally
depicted on two maps entitled ``Domeland Wilderness
Additions--Proposed 1'' and ``Domeland Wilderness Additions--
Proposed 2'', dated February 1986 and which are hereby
incorporated in, and which shall be deemed to be a part of,
the Domeland Wilderness as designated by Public Laws 93-632
and 98-425.
(21) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-three thousand seven hundred and eighty
acres, as generally depicted on a map entitled ``El Paso
Mountains Wilderness--Proposed'', dated July 1993, and which
shall be known as the El Paso Mountains Wilderness.
(22) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-five thousand nine hundred and forty
acres, as generally depicted on a map entitled ``Fish Creek
Mountains Wilderness--Proposed'', dated July 1993, and which
shall be known as Fish Creek Mountains Wilderness.
(23) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-eight thousand one hundred and ten
acres, as generally depicted on a map entitled ``Funeral
Mountains Wilderness--Proposed'', dated May 1991, and which
shall be known as Funeral Mountains Wilderness.
(24) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-seven thousand seven hundred acres, as
generally depicted on a map entitled ``Golden Valley
Wilderness--Proposed'', dated February 1986 and which shall
be known as Golden Valley Wilderness.
(25) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-one thousand seven hundred and twenty
acres, as generally depicted on a map entitled ``Grass Valley
Wilderness--Proposed'', dated February 1986 and which shall
be known as the Grass Valley Wilderness.
(26) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-two thousand two hundred and forty
acres, as generally depicted on a map entitled ``Hollow Hills
Wilderness--Proposed'', dated May 1991, and which shall be
known as the Hollow Hills Wilderness.
(27) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-six thousand four hundred and sixty
acres, as generally depicted on a map entitled ``Ibex
Wilderness--Proposed'', dated May 1991, and which shall be
known as the Ibex Wilderness.
(28) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-four thousand and fifty-five acres, as
generally depicted on a map entitled ``Indian Pass
Wilderness--Proposed'', dated May 1994, and which shall be
known as the Indian Pass Wilderness.
(29) Certain lands in the California Desert Conservation
Area and the Bakersfield District, of the Bureau of Land
Management, and within the Inyo National Forest, which
comprise approximately two hundred five thousand and twenty
acres, as generally depicted on three maps entitled ``Inyo
Mountains Wilderness--Proposed'', numbered in the title one
through three, and dated May 1991, and which shall be known
as the Inyo Mountains Wilderness.
(30) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-three thousand six hundred and seventy
acres, as generally depicted on a map entitled ``Jacumba
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Jacumba Wilderness.
(31) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred and twenty-nine thousand five
hundred and eighty acres, as generally depicted on a map
entitled ``Kelso Dunes Wilderness--Proposed 1'', dated
October 1991, a map entitled ``Kelso Dunes Wilderness--
Proposed 2'', dated May 1991, and a map entitled ``Kelso
Dunes Wilderness--Proposed 3'', dated September 1991, and
which shall be known as the Kelso Dunes Wilderness.
(32) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, and the Sequoia
National Forest, which comprise approximately eighty-eight
thousand two hundred and ninety acres, as generally depicted
on a map entitled ``Kiavah Wilderness--Proposed 1'', dated
February 1986, and a map entitled ``Kiavah Wilderness--
Proposed 2'', dated May 1991, and which shall be known as the
Kiavah Wilderness.
(33) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately two hundred nine thousand six hundred and eight
acres, as generally depicted on four maps entitled ``Kingston
Range Wilderness--Proposed'', numbered in the title one
through four dated May 1994, and which shall be known as the
Kingston Range Wilderness.
(34) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-nine thousand eight hundred and eighty
acres, as generally depicted on a map entitled ``Little
Chuckwalla Mountains Wilderness--Proposed'', dated July 1993,
and which shall be known as the Little Chuckwalla Mountains
Wilderness.
(35) Certain lands in the California Desert Conservation
Area and the Yuma District, of the Bureau of Land Management,
which
[[Page 1375]]
comprise approximately thirty-three thousand six hundred
acres, as generally depicted on a map entitled ``Little
Picacho Wilderness--Proposed'', dated July 1993, and which
shall be known as the Little Picacho Wilderness.
(36) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-two thousand three hundred and sixty
acres, as generally depicted on a map entitled ``Malpais Mesa
Wilderness--Proposed'', dated September 1991, and which shall
be known as the Malpais Mesa Wilderness.
(37) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately sixteen thousand one hundred and five acres, as
generally depicted on a map entitled ``Manly Peak
Wilderness--Proposed'', dated October 1991, and which shall
be known as the Manly Peak Wilderness.
(38) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-four thousand two hundred acres, as
generally depicted on a map entitled ``Mecca Hills
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Mecca Hills Wilderness.
(39) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately forty-seven thousand three hundred and thirty
acres, as generally depicted on a map entitled ``Mesquite
Wilderness--Proposed'', dated May 1991, and which shall be
known as the Mesquite Wilderness.
(40) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-two thousand nine hundred acres, as
generally depicted on a map entitled ``Newberry Mountains
Wilderness--Proposed'', dated February 1986, and which shall
be known as the Newberry Mountains Wilderness.
(41) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred ten thousand eight hundred and
sixty acres, as generally depicted on a map entitled ``Nopah
Range Wilderness--Proposed'', dated July 1993, and which
shall be known as the Nopah Range Wilderness.
(42) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-two thousand two hundred and forty
acres, as generally depicted on a map entitled ``North
Algodones Dunes Wilderness--Proposed'', dated October 1991,
and which shall be known as the North Algodones Dunes
Wilderness.
(43) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-five thousand five hundred and forty
acres, as generally depicted on a map entitled ``North
Mesquite Mountains Wilderness--Proposed'', dated May 1991,
and which shall be known as the North Mesquite Mountains
Wilderness.
(44) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred forty-six thousand and seventy
acres, as generally depicted on a map entitled ``Old Woman
Mountains Wilderness--Proposed 1'', dated May 1994 and a map
entitled ``Old Woman Mountains Wilderness--Proposed 2'',
dated October 1991, and which shall be known as the Old Woman
Mountains Wilderness.
(45) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately fifty-seven thousand four hundred and eighty
acres, as generally depicted on a map entitled ``Orocopia
Mountains Wilderness--Proposed'', dated May 1994, and which
shall be known as the Orocopia Mountains Wilderness.
(46) Certain lands in the California Desert Conservation
Area and the Bakersfield District, of the Bureau of Land
Management, which comprise approximately seventy-four
thousand six hundred and forty acres, as generally depicted
on a map entitled ``Owens Peak Wilderness--Proposed 1'',
dated February 1986, and two maps entitled ``Owens Peak
Wilderness--Proposed 2'' dated February 1986 and ``Owens Peak
Wilderness--Proposed 3'', dated May 1991, and which shall be
known as the Owens Peak Wilderness.
(47) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventy-four thousand eight hundred acres, as
generally depicted on a map entitled ``Pahrump Valley
Wilderness--Proposed'', dated February 1986 and which shall
be known as the Pahrump Valley Wilderness.
(48) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately two hundred seventy thousand six hundred and
twenty-nine acres, as generally depicted on a map entitled
``Palen/McCoy Wilderness--Proposed 1'', dated July 1993, and
a map entitled ``Palen/McCoy Wilderness--Proposed 2'', dated
July 1993, and which shall be known as the Palen/McCoy
Wilderness.
(49) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-two thousand three hundred and ten
acres, as generally depicted on a map entitled ``Palo Verde
Mountains Wilderness--Proposed'', dated July 1993, and which
shall be known as the Palo Verde Mountains Wilderness.
(50) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seven thousand seven hundred acres, as
generally depicted on a map entitled ``Picacho Peak
Wilderness--Proposed'', dated May 1991, and which shall be
known as the Picacho Peak Wilderness.
(51) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventy-two thousand six hundred acres, as
generally depicted on a map entitled ``Piper Mountain
Wilderness--Proposed'', dated May 1991, and which shall be
known as the Piper Mountain Wilderness.
(52) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-six thousand eight hundred and forty
acres, as generally depicted on a map entitled ``Piute
Mountains Wilderness--Proposed'', dated July 1993, and which
shall be known as the Piute Mountains Wilderness.
(53) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventy-eight thousand eight hundred and sixty-
eight acres, as generally depicted on a map entitled
``Resting Spring Range Wilderness--Proposed'', dated May
1991, and which shall be known as the Resting Spring Range
Wilderness.
(54) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately forty thousand eight hundred and twenty acres,
as generally depicted on a map entitled ``Rice Valley
Wilderness--Proposed'', dated May 1991, and which shall be
known as the Rice Valley Wilderness.
(55) Certain lands in the California Desert Conservation
Area and the Yuma District, of the Bureau of Land Management,
which comprise approximately twenty-two thousand three
hundred eighty acres, as generally depicted on a map entitled
``Riverside Mountains Wilderness--Proposed'', dated May 1991,
and which shall be known as the Riverside Mountains
Wilderness.
(56) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-seven thousand seven hundred acres, as
generally depicted on a map entitled ``Rodman Mountains
Wilderness--Proposed'', dated January 1989, and which shall
be known as the Rodman Mountains Wilderness.
(57) Certain lands in the California Desert Conservation
Area and the Bakersfield District, of the Bureau of Land
Management, which comprise approximately fifty-one thousand
nine hundred acres, as generally depicted on two maps
entitled ``Sacatar Trail Wilderness--Proposed 1'' and
``Sacatar Trail Wilderness--Proposed 2'', dated May 1991, and
which shall be known as the Sacatar Trail Wilderness.
(58) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one thousand four hundred and forty acres, as
generally depicted on a map entitled ``Saddle Peak Hills
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Saddle Peak Hills Wilderness.
(59) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-seven thousand nine hundred and eighty
acres, as generally depicted on a map entitled ``San Gorgonio
Wilderness Additions--Proposed'', dated July 1993, and which
are hereby incorporated in, and which shall be deemed to be a
part of, the San Gorgonio Wilderness as designated by Public
Laws 88-577 and 98-425.
(60) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately sixty-four thousand three hundred and forty
acres, as generally depicted on a map entitled ``Santa Rosa
Wilderness Additions--Proposed'', dated March 1994, and which
are hereby incorporated in, and which shall be deemed to be
part of, the Santa Rosa Wilderness designated by Public Law
98-425.
(61) Certain lands in the California Desert District, of
the Bureau of Land Management, which comprise approximately
thirty-five thousand and eighty acres, as generally depicted
on a map entitled ``Sawtooth Mountains Wilderness--
Proposed'', dated July 1993, and which shall be known as the
Sawtooth Mountains Wilderness.
(62) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred seventy-four thousand eight hundred
acres, as generally depicted on two maps entitled ``Sheep
Hole Valley Wilderness--Proposed 1'', dated July 1993, and
``Sheep Hole Valley Wilderness--Proposed 2'', dated July
1993, and which shall be known as the Sheephole Valley
Wilderness.
(63) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately forty-four thousand four hundred and ten acres,
as generally depicted on a map entitled ``Slate Range
Wilderness--Proposed'', dated October 1991, and which shall
be known as the Slate Range Wilderness.
(64) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately sixteen thousand seven hundred and eighty
acres, as generally depicted on a map entitled ``South Nopah
Range Wilderness--Proposed'', dated February 1986, and which
shall be known as the South Nopah Range Wilderness.
(65) Certain lands in the California Desert Conservation
Area, of the Bureau of Land
[[Page 1376]]
Management, which comprise approximately seven thousand and
fifty acres, as generally depicted on a map entitled
``Stateline Wilderness--Proposed'', dated May 1991, and which
shall be known as the Stateline Wilderness.
(66) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately eighty-one thousand six hundred acres, as
generally depicted on a map entitled ``Stepladder Mountains
Wilderness--Proposed'', dated February 1986, and which shall
be known as the Stepladder Mountains Wilderness.
(67) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-nine thousand one hundred and eighty
acres, as generally depicted on a map entitled ``Surprise
Canyon Wilderness--Proposed'', dated September 1991, and
which shall be known as the Surprise Canyon Wilderness.
(68) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventeen thousand eight hundred and twenty
acres, as generally depicted on a map entitled ``Sylvania
Mountains Wilderness--Proposed'', dated February 1986, and
which shall be known as the Sylvania Mountains Wilderness.
(69) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-three thousand seven hundred and twenty
acres, as generally depicted on a map entitled ``Trilobite
Wilderness--Proposed'', dated May 1991, and which shall be
known as the Trilobite Wilderness.
(70) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred forty-four thousand five hundred
acres, as generally depicted on a map entitled ``Turtle
Mountains Wilderness--Proposed 1'', dated February 1986 and a
map entitled ``Turtle Mountains Wilderness--Proposed 2'',
dated May 1991, and which shall be known as the Turtle
Mountains Wilderness.
(71) Certain lands in the California Desert Conservation
Area and the Yuma District, of the Bureau of Land Management,
which comprise approximately seventy-seven thousand five
hundred and twenty acres, as generally depicted on a map
entitled ``Whipple Mountains Wilderness--Proposed'', dated
July 1993, and which shall be known as the Whipple Mountains
Wilderness.
administration of wilderness areas
Sec. 103. Subject to valid existing rights, each wilderness
area designated under section 102 shall be administered by
the appropriate Secretary in accordance with the provisions
of the Wilderness Act, except that any reference in such
provisions to the effective date of the Wilderness Act shall
be deemed to be a reference to the effective date of this
title and any reference to the Secretary of Agriculture shall
be deemed to be a reference to the Secretary who has
administrative jurisdiction over the area.
grazing
Sec. 104. Within the wilderness areas designated under
section 102, the grazing of livestock, where established
prior to the enactment of this Act, shall be permitted to
continue subject to such reasonable regulations, policies,
and practices as the Secretary deems necessary, as long as
such regulations, policies, and practices fully conform with
and implement the intent of Congress regarding grazing in
such areas as such intent is expressed in the Wilderness Act
and section 108 of Public Law 96-560 (16 U.S.C. 133 note).
buffer zones
Sec. 105. The Congress does not intend for the designation
of wilderness areas in section 102 of this Act to lead to the
creation of protective perimeters or buffer zones around any
such wilderness area. The fact that nonwilderness activities
or uses can be seen or heard from areas within a wilderness
shall not, of itself, preclude such activities or uses up to
the boundary of the wilderness area.
mining claim validity review
Sec. 106. The Secretary of the Interior shall not approve
any plan of operation prior to determining the validity of
the unpatented mining claims, mill sites, and tunnel sites
affected by such plan within any wilderness area designated
under section 102, and shall submit to Congress
recommendations as to whether any valid or patented claims
should be acquired by the United States, including the
estimated acquisition costs of such claims, and a discussion
of the environmental consequences of the extraction of
minerals from these lands.
filing of maps and descriptions
Sec. 107. As soon as practicable after enactment of section
102, a map and a legal description on each wilderness area
designated under this title shall be filed by the Secretary
concerned with the Committee on Energy and Natural Resources
of the Senate and the Committee on Natural Resources of the
House of Representatives, and each such map and description
shall have the same force and effect as if included in this
title, except that the Secretary may correct clerical and
typographical errors in each such legal description and map.
Each such map and legal description shall be on file and
available for public inspection in the office of the Director
of the Bureau of Land Management, Department of the Interior,
or the Chief of the Forest Service, Department of
Agriculture, as is appropriate.
wilderness review
Sec. 108. (a) The Congress hereby finds and directs that
except for those areas provided for in subsection (b), the
public lands in the California Desert Conservation Area,
managed by the Bureau of Land Management, not designated as
wilderness or wilderness study areas by this Act, have been
adequately studied for wilderness designation pursuant to
section 603 of the Federal Land Policy and Management Act of
1976 (90 Stat. 2743, 43 U.S.C. 1782), and are no longer
subject to the requirements of section 603(c) of the Federal
Land Policy and Management Act of 1976 pertaining to the
management of wilderness study areas in a manner that does
not impair the suitability of such areas for preservation as
wilderness.
(b) The following areas shall continue to be subject to the
requirements of section 603(c) of the Federal Land Policy and
Management Act of 1976, pertaining to the management of
wilderness study areas in a manner that does not impair the
suitability of such areas for preservation as wilderness:
(1) Certain lands which comprise approximately sixty-one
thousand three hundred and twenty acres, as generally
depicted on a map entitled ``Avawatz Mountains Wilderness--
Proposed'', dated May 1991.
(2) Certain lands which comprise approximately eighty
thousand four hundred and thirty acres, as generally depicted
on two maps entitled ``Soda Mountains Wilderness--Proposed
1'', dated May 1991, and ``Soda Mountains Wilderness--
Proposed 2'', dated January 1989.
(3) Certain lands which compromise approximately twenty-
three thousand two hundred and fifty acres, as generally
depicted on a map entitled ``South Avawatz Mountains--
Proposed'', dated May 1991.
(4) Certain lands which comprise approximately eight
thousand eight hundred acres, as generally depicted on a map
entitled ``Great Falls Basin Wilderness--Proposed'', dated
February 1986.
(5) Certain lands which comprise approximately thirty-nine
thousand seven hundred and sixty acres, as generally depicted
on a map entitled ``Kingston Range Potential Future
Wilderness'', dated May 1994.
(c) Subject to valid existing rights, the Federal lands
referred to in subsection (b) are hereby withdrawn from all
forms of entry, appropriation, or disposal under the public
land laws; from location, entry, and patent under the United
States mining laws; and from disposition under all laws
pertaining to mineral and geothermal leasing, and mineral
materials, and all amendments thereto, and shall be
administered by the Secretary in accordance with the
provisions of section 603(c) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782).
designation of wilderness study area
Sec. 109. In furtherance of the provisions of the
Wilderness Act, certain public lands in the California Desert
Conservation Area of the Bureau of Land Management which
comprise eleven thousand two hundred acres as generally
depicted on a map entitled ``White Mountains Wilderness Study
Area--Proposed'', dated May 1991, are hereby designated the
White Mountains Wilderness Study Area and shall be
administered by the Secretary in accordance with the
provisions of section 603(c) of the Federal Land Policy and
Management Act of 1976.
suitability report
Sec. 110. The Secretary is required, ten years after the
date of enactment of this Act, to report to Congress on
current and planned exploration, development or mining
activities on, and suitability for future wilderness
designation of, the lands as generally depicted on maps
entitled ``Surprise Canyon Wilderness--Proposed'', ``Middle
Park Canyon Wilderness--Proposed'', and ``Death Valley
National Park Boundary and Wilderness 15'', dated September
1991 and a map entitled ``Manly Peak Wilderness--Proposed'',
dated October 1991.
wilderness designation and management in the national wildlife refuge
system
Sec. 111. (a) In furtherance of the purposes of the
Wilderness Act, the following lands are hereby designated as
wilderness and therefore, as components of the National
Wilderness Preservation System:
(1) Certain lands in the Havasu National Wildlife Refuge,
California, which comprise approximately three thousand one
hundred and ninety-five acres, as generally depicted on a map
entitled ``Havasu Wilderness--Proposed'', and dated October
1991, and which shall be known as the Havasu Wilderness.
(2) Certain lands in the Imperial National Wildlife Refuge,
California, which comprise approximately five thousand eight
hundred and thirty-six acres, as generally depicted on two
maps entitled ``Imperial Refuge Wilderness--Proposed 1'' and
``Imperial Refuge Wilderness--Proposed 2'', and dated October
1991, and which shall be known as the Imperial Refuge
Wilderness.
(b) Subject to valid existing rights, the wilderness areas
designated under this section shall be administered by the
Secretary in accordance with the provisions of the Wilderness
Act governing areas designated by that Act as wilderness,
except that any reference in such provisions to the effective
date of the Wilderness Act (or any similar reference) shall
be deemed to be a reference to the date of enactment of this
Act and any reference to the Secretary of Agriculture shall
be deemed to be a reference to the Secretary of the Interior.
(c) As soon as practicable after enactment of this section,
the Secretary shall file a map
[[Page 1377]]
and a legal description of each wilderness area designated
under this section with the Committees on Energy and Natural
Resources and Environment and Public Works of the Senate and
Natural Resources and Merchant Marine and Fisheries of the
House of Representatives. Such map and description shall have
the same force and effect as if included in this Act, except
that correction of clerical and typographical errors in such
legal description and map may be made. Such map and legal
description shall be on file and available for public
inspection in the Office of the Director, United States Fish
and Wildlife Service, Department of the Interior.
Law Enforcement Access
Sec. 112. Nothing in this Act, including the wilderness
designations made by this Act, may be construed to preclude
Federal, State, and local law enforcement agencies from
conducting law enforcement and border operations as permitted
before the enactment of this Act, including the use of motor
vehicles and aircraft, on any lands designated as wilderness
by this Act.
Fish and Wildlife Management
Sec. 113. As provided in section 4(d)(7) of the Wilderness
Act, nothing in this title shall be construed as affecting
the jurisdiction of the State of California with respect to
fish and wildlife on the public lands located in that State.
Management activities to maintain or restore fish and
wildlife populations and the habitats to support such
populations may be carried out within wilderness areas
designated by this title and shall include the use of
motorized vehicles by the appropriate State agencies.
TITLE II--DEATH VALLEY NATIONAL PARK
findings
Sec. 201. The Congress hereby finds that--
(1) proclamations by Presidents Herbert Hoover in 1933 and
Franklin Roosevelt in 1937 established and expanded the Death
Valley National Monument for the preservation of the unusual
features of scenic, scientific, and educational interest
therein contained;
(2) Death Valley National Monument is today recognized as a
major unit of the National Park System, having extraordinary
values enjoyed by millions of visitors;
(3) the Monument boundaries established in the 1930's
exclude and thereby expose to incompatible development and
inconsistent management, contiguous Federal lands of
essential and superlative natural, ecological, geological,
archeological, paleontological, cultural, historical and
wilderness values;
(4) Death Valley National Monument should be substantially
enlarged by the addition of all contiguous Federal lands of
national park caliber and afforded full recognition and
statutory protection as a national park; and
(5) the wilderness within Death Valley should receive
maximum statutory protection by designation pursuant to the
Wilderness Act.
establishment of death valley national park
Sec. 202. There is hereby established the Death Valley
National Park, as generally depicted on 23 maps entitled
``Death Valley National Park Boundary and Wilderness--
Proposed'', numbered in the title one through twenty-three,
and dated May 1994 or prior, which shall be on file and
available for public inspection in the offices of the
Superintendent of the Park and the Director of the National
Park Service, Department of the Interior. The Death Valley
National Monument is hereby abolished as such, the lands and
interests therein are hereby incorporated within and made
part of the new Death Valley National Park, and any funds
available for purposes of the monument shall be available for
purposes of the park.
transfer and administration of lands
Sec. 203. Upon enactment of this title, the Secretary shall
transfer the lands under the jurisdiction of the Bureau of
Land Management depicted on the maps described in section 202
of this title, without consideration, to the administrative
jurisdiction of the Director of the National Park Service for
administration as part of the National Park System. The
boundaries of the public lands and the national parks shall
be adjusted accordingly. The Secretary shall administer the
areas added to the National Park System by this title in
accordance with the provisions of law generally applicable to
units of the National Park System, including the Act entitled
``An Act to establish a National Park Service, and for other
purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C.
1-4).
maps and legal description
Sec. 204. Within six months after the enactment of this
title, the Secretary shall file maps and a legal description
of the park designated under this title with the Energy and
Natural Resources Committee of the Senate and the Natural
Resources Committee of the House of Representatives. Such
maps and legal description shall have the same force and
effect as if included in this title, except that the
Secretary may correct clerical and typographical errors in
such legal description and in the maps referred to in section
202. The maps and legal description shall be on file and
available for public inspection in the offices of the
Superintendent of the Park and the Director of the National
Park Service, Department of the Interior.
withdrawal
Sec. 205. Subject to valid existing rights, the Federal
lands and interests therein added to the National Park System
by this title are withdrawn from disposition under the public
land laws and from entry or appropriation under the mining
laws of the United States, from the operation of the mineral
leasing laws of the United States, and from operation of the
Geothermal Steam Act of 1970.
study as to validity of mining claims
Sec. 206. The Secretary shall not approve any plan of
operation prior to determining the validity of the unpatented
mining claims, mill sites, and tunnel sites affected by such
plan within the additions to the park and shall submit to
Congress recommendations as to whether any valid or patented
claims should be acquired by the United States, including the
estimated acquisition costs of such claims, and a discussion
of the environmental consequences of the extraction of
minerals from these lands.
grazing
Sec. 207. (a) The privilege of grazing domestic livestock
on lands within the park shall continue to be exercised at no
more than the current level, subject to applicable laws and
National Park Service regulations.
(b) If a person holding a grazing permit referred to in
subsection (a) informs the Secretary that such permittee is
willing to convey to the United States any base property with
respect to which such permit was issued and to which such
permittee holds title, the Secretary shall make the
acquisition of such base property a priority as compared with
the acquisition of other lands within the park, provided
agreement can be reached concerning the terms and conditions
of such acquisition. Any such base property which is located
outside the park and acquired as a priority pursuant to this
section shall be managed by the Federal agency responsible
for the majority of the adjacent lands in accordance with the
laws applicable to such adjacent lands.
Death Valley National Park Advisory Commission
Sec. 208. (a) The Secretary shall establish an advisory
commission of no more than 15 members, to advise the
Secretary concerning the development and implementation of a
new or revised comprehensive management plan for Death Valley
National Park.
(b)(1) The advisory commission shall include an elected
official for each County within which any part of the park is
located, a representative of the owners of private properties
located within or immediately adjacent to the park, and other
members representing persons actively engaged in grazing and
range management, mineral exploration and development, and
persons with expertise in relevant fields, including geology,
biology, ecology, law enforcement, and the protection and
management of National Park resources and values.
(2) Vacancies in the commission shall be filled by the
Secretary so as to maintain the full diversity of views
required to be represented on the commission.
(c) The Federal Advisory Committee Act shall apply to the
procedures and activities of the advisory commission.
(d) The advisory commission shall cease to exist ten years
after the date of its establishment.
Boundary Adjustment
Sec. 210. In preparing the maps and legal descriptions
required by sections 204 and 502, the Secretary shall adjust
the boundaries of the Death Valley National Park and Death
Valley National Park Wilderness so as to exclude from such
National Park and Wilderness the lands generally depicted on
the map entitled ``Porter Mine (Panamint Range) Exclusion
Area'' dated June 1994.
TITLE III--JOSHUA TREE NATIONAL PARK
findings
Sec. 301. The Congress hereby finds that--
(1) a proclamation by President Franklin Roosevelt in 1936
established Joshua Tree National Monument to protect various
objects of historical and scientific interest;
(2) Joshua Tree National Monument today is recognized as a
major unit of the National Park System, having extraordinary
values enjoyed by millions of visitors;
(3) the Monument boundaries as modified in 1950 and 1961
exclude and thereby expose to incompatible development and
inconsistent management, contiguous Federal lands of
essential and superlative natural, ecological, archeological,
paleontological, cultural, historical and wilderness values;
(4) Joshua Tree National Monument should be enlarged by the
addition of contiguous Federal lands of national park
caliber, and afforded full recognition and statutory
protection as a national park; and
(5) the nondesignated wilderness within Joshua Tree should
receive statutory protection by designation pursuant to the
Wilderness Act.
establishment of joshua tree national park
Sec. 302. There is hereby established the Joshua Tree
National Park, as generally depicted on a map entitled
``Joshua Tree National Park Boundary--Proposed'', dated May
1991, and four maps entitled ``Joshua Tree National Park
Boundary and Wilderness'', numbered in the title one through
four, and dated October 1991 or prior, which shall be on file
and available for public inspection in the offices of the
Superintendent of the Park and the Director of the National
Park Service, Department of the Interior. The Joshua Tree
National Monument is
[[Page 1378]]
hereby abolished as such, the lands and interests therein are
hereby incorporated within and made part of the new Joshua
Tree National Park, and any funds available for purposes of
the monument shall be available for purposes of the park.
transfer and administration of lands
Sec. 303. Upon enactment of this title, the Secretary shall
transfer the lands under the jurisdiction of the Bureau of
Land Management depicted on the maps described in section 302
of this title, without consideration, to the administrative
jurisdiction of the Director of the National Park Service for
administration as part of the National Park System. The
boundaries of the public lands and the national parks shall
be adjusted accordingly. The Secretary shall administer the
areas added to the National Park System by this title in
accordance with the provisions of law generally applicable to
units of the National Park System, including the Act entitled
``An Act to establish a National Park Service, and for other
purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C.
1-4).
maps and legal description
Sec. 304. Within six months after the enactment of this
title, the Secretary shall file maps and legal description of
the park designated by this title with the Energy and Natural
Resources Committee of the Senate and the Natural Resources
Committee of the House of Representatives. Such maps and
legal description shall have the same force and effect as if
included in this title, except that the Secretary may correct
clerical and typographical errors in such legal description
and in the maps referred to in section 302. The maps and
legal description shall be on file and available for public
inspection in the offices of the Superintendent of the Park
and the Director of the National Park Service, Department of
the Interior.
withdrawal
Sec. 305. Subject to valid existing rights, Federal lands
and interests therein added to the National Park System by
this title are withdrawn from disposition under the public
lands laws and from entry or appropriation under the mining
laws of the United States, from the operation of the mineral
leasing laws of the United States, and from the operation of
the Geothermal Steam Act of 1970.
utility rights-of-way
Sec. 306. Nothing in this title shall have the effect of
terminating any validly issued right-of-way or customary
operation maintenance, repair, and replacement activities in
such right-of-way, issued, granted, or permitted to the
Metropolitan Water District pursuant to the Boulder Canyon
Project Act (43 U.S.C. 617-619b), which is located on lands
included in the Joshua Tree National Park, but outside lands
designated as wilderness under section 501(2). Such
activities shall be conducted in a manner which will minimize
the impact on park resources. Nothing in this title shall
have the effect of terminating the fee title to lands or
customary operation, maintenance, repair, and replacement
activities on or under such lands granted to the Metropolitan
Water District pursuant to the Act of June 18, 1932 (47 Stat.
324), which are located on lands included in the Joshua Tree
National Park, but outside lands designated as wilderness
under section 501(2). Such activities shall be conducted in a
manner which will minimize the impact on park resources. The
Secretary shall prepare within 180 days after the date of
enactment of this Act, in consultation with the Metropolitan
Water District, plans for emergency access by the
Metropolitan Water District to its lands and rights-of-way.
study as to validity of mining claims
Sec. 307. The Secretary shall not approve any plan of
operation prior to determining the validity of the unpatented
mining claims, mill sites, and tunnel sites affected by such
plan within the park and shall submit to Congress
recommendations as to whether any valid or patented claims
should be acquired by the United States, including the
estimated acquisition costs of such claims, and a discussion
of the environmental consequences of the extraction of
minerals from these lands.
joshua tree national park advisory commission
Sec. 308. (a) The Secretary shall establish an advisory
commission of no more than 15 members, to advise the
Secretary concerning the development and implementation of a
new or revised comprehensive management plan for Joshua Tree
National Park.
(b)(1) The advisory commission shall include an elected
official for each County within which any part of the park is
located, a representative of the owners of private properties
located within or immediately adjacent to the park, and other
members representing persons actively engaged in grazing and
range management, mineral exploration and development, and
persons with expertise in relevant fields, including geology,
biology, ecology, law enforcement, and the protection and
management of National Park resources and values.
(2) Vacancies in the commission shall be filled by the
Secretary so as to maintain the full diversity of views
required to be represented on the commission.
(c) The Federal Advisory Committee Act shall apply to the
procedures and activities of the advisory commission.
(d) The advisory commission shall cease to exist ten years
after the date of its establishment.
TITLE IV--MOJAVE NATIONAL PRESERVE
findings
Sec. 401. The Congress hereby finds that--
(1) Death Valley and Joshua Tree National Parks, as
established by this Act, protect unique and superlative
desert resources, but do not embrace the particular
ecosystems and transitional desert type found in the Mojave
Desert area lying between them on public lands now afforded
only impermanent administrative designation as a national
scenic area;
(2) the Mojave Desert area possesses outstanding natural,
cultural, historical, and recreational values meriting
statutory designation and recognition as a unit of the
National Park System;
(3) the Mojave Desert area should be afforded full
recognition and statutory protection as a national preserve;
(4) the wilderness within the Mojave Desert should receive
maximum statutory protection by designation pursuant to the
Wilderness Act; and
(5) the Mojave Desert area provides an outstanding
opportunity to develop services, programs, accommodations and
facilities to ensure the use and enjoyment of the area by
individuals with disabilities, consistent with section 504 of
the Rehabilitation Act of 1973, Public Law 101-336, the
Americans With Disabilities Act of 1990 (42 U.S.C. 12101),
and other appropriate laws and regulations.
establishment of the mojave national preserve
Sec. 402. (a) There is hereby established the Mojave
National Preserve, comprising approximately one million four
hundred nineteen thousand eight hundred acres, as generally
depicted on a map entitled ``Mojave National Park Boundary--
Proposed'', dated May 17, 1994, which shall be on file and
available for inspection in the appropriate offices of the
Director of the National Park Service, Department of the
Interior.
(b)(1) There is hereby established the Dinosaur Trackway
Area of Critical Environmental Concern within the California
Desert Conservation Area, of the Bureau of Land Management,
comprising approximately five hundred and ninety acres as
generally depicted on a map entitled ``Dinosaur Trackway Area
of Critical Environmental Concern'', dated July 1993. The
Secretary shall administer the area to preserve the
paleontological resources within the area.
(2) Subject to valid existing rights, the Federal lands
within and adjacent to the Dinosaur Trackway Area of Critical
Environmental Concern, as generally depicted on a map
entitled ``Dinosaur Trackway Mineral Withdrawal Area'', dated
July 1993, are hereby withdrawn from all forms of entry,
appropriation, or disposal under the public land laws; from
location, entry, and patent under the United States mining
laws; and from disposition under all laws pertaining to
mineral and geothermal leasing, and mineral materials, and
all amendments thereto.
transfer of lands
Sec. 403. Upon enactment of this title, the Secretary shall
transfer the lands under the jurisdiction of the Bureau of
Land Management depicted on the maps described in section 402
of this title, without consideration, to the administrative
jurisdiction of the Director of the National Park Service.
The boundaries of the public lands shall be adjusted
accordingly.
maps and legal description
Sec. 404. Within six months after the enactment of this
title, the Secretary shall file maps and a legal description
of the preserve designated under this title with the Energy
and Natural Resources Committee of the Senate and the Natural
Resources Committee of the House of Representatives. Such
maps and legal description shall have the same force and
effect as if included in this title, except that the
Secretary may correct clerical and typographical errors in
such legal description and in the maps referred to in section
402. The maps and legal description shall be on file and
available for public inspection in the offices of the
National Park Service, Department of the Interior.
abolishment of scenic area
Sec. 405. The East Mojave National Scenic Area, designated
on January 13, 1981 (46 FR 3994), and modified on August 9,
1983 (48 FR 36210), is hereby abolished.
administration of lands
Sec. 406. (a) The Secretary shall administer the preserve
in accordance with this title and with the provisions of law
generally applicable to units of the National Park System,
including the Act entitled ``An Act to establish a National
Park Service, and for other purposes'', approved August 25,
1916 (39 Stat. 535; 16 U.S.C. 1-4).
(b) The Secretary shall permit hunting, fishing, and
trapping on lands and waters within the preserve designated
by this Act in accordance with applicable Federal and State
laws except that the Secretary may designate areas where, and
establish periods when, no hunting, fishing, or trapping will
be permitted for reasons of public safety, administration, or
compliance with provisions of applicable law. Except in
emergencies, regulations closing areas to hunting, fishing,
or trapping pursuant to this subsection shall be put into
effect only after consultation with the appropriate State
agency having responsibility for fish and wildlife. Nothing
in this Act shall be construed as affecting the jurisdiction
or responsibilities of the States with respect to fish and
wildlife on Federal lands and waters covered by this title
nor shall anything in this Act be construed as
[[Page 1379]]
authorizing the Secretary concerned to require a Federal
permit to hunt, fish, or trap on Federal lands and waters
covered by this title.
withdrawal
Sec. 407. Subject to valid existing rights, Federal lands
within the preserve, and interests therein, are withdrawn
from disposition under the public land laws and from entry or
appropriation under the mining laws of the United States,
from the operation of the mineral leasing laws of the United
States, and from operation of the Geothermal Steam Act of
1970.
study as to validity of mining claims
Sec. 408 (a) The Secretary shall not approve any plan of
operation prior to determining the validity of the unpatented
mining claims, mill sites, and tunnel sites affected by such
plan within the preserve and shall submit to Congress
recommendations as to whether any valid or patented claims
should be acquired by the United States, including the
estimated acquisition costs of such claims, and a discussion
of the environmental consequences of the extraction of
minerals from these lands.
(b)(1) Notwithstanding any other provision of law, the
Secretary of the Interior shall permit the holder or holders
of mining claims identified on the records of the Bureau of
Land Management as Volco #A CAMC 105446 and Volco #B CAMC
105447 to continue exploration and development activities on
such claims for a period of two years after the date of
enactment of this Act, subject to the same regulations as
applied to such activities on such claims on the day before
such date of enactment.
(2) At the end of the period specified in paragraph (1), or
sooner if so requested by the holder or holders of the claims
specified in such paragraph, the Secretary shall determine
whether there has been a discovery of valuable minerals on
such claims and whether, if such discovery had been made on
or before July 1, 1994, such claims would have been valid as
of such date under the mining laws of the United States in
effect on such date.
(3) If the Secretary, pursuant to paragraph (2), makes an
affirmative determination concerning the claims specified in
paragraph (1), the holder or holders of such claims shall be
permitted to continue to operate such claims subject only to
such regulations as applied on July 1, 1994 to the exercise
of valid existing rights on patented mining claims within a
unit of the National Park System.
grazing
Sec. 409. (a) The privilege of grazing domestic livestock
on lands within the preserve shall continue to be exercised
at no more than the current level, subject to applicable laws
and National Park Service regulations.
(b) If a person holding a grazing permit referred to in
subsection (a) informs the Secretary that such permittee is
willing to convey to the United States any base property with
respect to which such permit was issued and to which such
permittee holds title, the Secretary shall make the
acquisition of such base property a priority as compared with
the acquisition of other lands within the preserve, provided
agreement can be reached concerning the terms and conditions
of such acquisition. Any such base property which is located
outside the preserve and acquired as a priority pursuant to
this section shall be managed by the Federal agency
responsible for the majority of the adjacent lands in
accordance with the laws applicable to such adjacent lands.
utility rights of way
Sec. 410. (a)(1) Nothing in this title shall have the
effect of terminating any validly issued right-of-way or
customary operation, maintenance, repair, and replacement
activities in such right-of-way, issued, granted, or
permitted to Southern California Edison Company, its
successors or assigns, which is located on lands included in
the Mojave National Preserve, but outside lands designated as
wilderness under section 501(3). Such activities shall be
conducted in a manner which will minimize the impact on
preserve resources.
(2) Nothing in this title shall have the effect of
prohibiting the upgrading of an existing electrical
transmission line for the purpose of increasing the capacity
of such transmission line in the Southern California Edison
Company validly issued Eldorado-Lugo Transmission Line right-
of-way and Mojave-Lugo Transmission Line right-of-way, or in
a right-of-way if issued, granted, or permitted by the
Secretary adjacent to the existing Mojave-Lugo Transmission
Line right-of-way (hereafter in this section referred to as
``adjacent right-of-way''), including construction of a
replacement transmission line: Provided, That--
(A) in the Eldorado-Lugo Transmission Line rights-of-way
(hereafter in this section referred to as the ``Eldorado
rights-of-way'') at no time shall there be more than three
electrical transmission lines,
(B) in the Mojave-Lugo Transmission Line right-of-way
(hereafter in this section referred to as the ``Mojave right-
of-way'') and adjacent right-of-way, removal of the existing
electrical transmission line and reclamation of the site
shall be completed no later than three years after the date
on which construction of the upgraded transmission line
begins, after which time there may be only one electrical
transmission line in the lands encompassed by Mojave right-
of-way and adjacent right-of-way,
(C) if there are no more than two electrical transmission
lines in the Eldorado rights-of-way, two electrical
transmission lines in the lands encompassed by the Mojave
right-of-way and adjacent right-of-way may be allowed,
(D) in the Eldorado rights-of-way and Mojave right-of-way
no additional land shall be issued, granted, or permitted for
such upgrade unless an addition would reduce the impacts to
preserve resources,
(E) no more than 350 feet of additional land shall be
issued, granted, or permitted for an adjacent right-of-way to
the south of the Mojave right-of-way unless a greater
addition would reduce the impacts to preserve resources, and
(F) such upgrade activities, including helicopter aided
construction, shall be conducted in a manner which will
minimize the impact on preserve resources.
(3) The Secretary shall prepare within 180 days after the
date of enactment of this Act, in consultation with the
Southern California Edison Company, plans for emergency
access by the Southern California Edison Company to its
rights-of-way.
(b)(1) Nothing in this title shall have the effect of
terminating any validly issued right-of-way, or customary
operation, maintenance, repair, and replacement activities in
such right-of-way; prohibiting the upgrading of and
construction on existing facilities in such right-of-way for
the purpose of increasing the capacity of the existing
pipeline; or prohibiting the renewal of such right-of-way
issued, granted, or permitted to the Southern California Gas
Company, its successors or assigns, which is located on lands
included in the Mojave National Preserve, but outside lands
designated as wilderness under section 501(3). Such
activities shall be conducted in a manner which will minimize
the impact on preserve resources.
(2) The Secretary shall prepare within one hundred and
eighty days after the date of enactment of this title, in
consultation with the Southern California Gas Company, plans
for emergency access by the Southern California Gas Company
to its rights-of-way.
(c) Nothing in this title shall have the effect of
terminating any validly issued right-of-way or customary
operation, maintenance, repair, and replacement activities of
existing facilities issued, granted, or permitted for
communications cables or lines, which are located on lands
included in the Mojave National Preserve, but outside lands
designated as wilderness under section 501(3). Such
activities shall be conducted in a manner which will minimize
the impact on preserve resources.
(d) Nothing in this title shall have the effect of
terminating any validly issued right-of-way or customary
operation, maintenance, repair, and replacement activities of
existing facilities issued, granted, or permitted to
Molybdenum Corporation of America; Molycorp, Incorporated; or
Union Oil Company of California (d/b/a Unocal Corporation);
or its successors or assigns, or prohibiting renewal of such
right-of-way, which is located on lands included in the
Mojave National Preserve, but outside lands designated as
wilderness under section 501(3). Such activities shall be
conducted in a manner which will minimize the impact on
preserve resources.
preparation of management plan
Sec. 411. Within three years after the date of enactment of
this title, the Secretary shall submit to the Energy and
Natural Resources Committee of the Senate and the Natural
Resources Committee of the House of Representatives a
detailed and comprehensive management plan for the preserve.
Such plan shall place emphasis on historical and cultural
sites and ecological and wilderness values within the
boundaries of the preserve. Any development, including road
improvements, proposed by such plan shall be strictly limited
to that which is essential and appropriate for the
administration of the preserve and shall be designed and
located so as to maintain the primitive nature of the area
and to minimize the impairment of preserve resources or
ecological values. To the extent practicable, administrative
facilities, employee housing, commercial visitor services,
accommodations, and other preserve-related development shall
be located or provided for outside of the boundaries of the
preserve. Such plan shall evaluate the feasibility of using
the Kelso Depot and existing railroad corridor to provide
public access to and a facility for special interpretive,
educational, and scientific programs within the preserve.
Such plan shall specifically address the needs of individuals
with disabilities in the design of services, programs,
accommodations and facilities consistent with section 504 of
the Rehabilitation Act of 1973, Public Law 101-336, the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101),
and other appropriate laws and regulations.
granite mountains natural reserve
Sec. 412. (a) There is hereby designated the Granite
Mountains Natural Reserve within the preserve comprising
approximately nine thousand acres as generally depicted on a
map entitled ``Mojave National Park Boundary and Wilderness--
Proposed 6'', dated May 1991.
(b) Upon enactment of this title, the Secretary of the
Interior shall enter into a cooperative management agreement
with the University of California for the purposes of
managing the lands within the Granite Mountains Natural
Reserve. Such cooperative agreement shall ensure continuation
of arid lands research and educational activities of the
University of California, consistent with the provisions of
law generally ap-
[[Page 1380]]
plicable to units of the National Park System.
construction of visitor center
Sec. 413. The Secretary is authorized to construct a
visitor center in the preserve for the purpose of providing
information through appropriate displays, printed material,
and other interpretive programs, about the resources of the
preserve.
acquisition of lands
Sec. 414. The Secretary is authorized to acquire all lands
and interest in lands within the boundary of the preserve by
donation, purchase, or exchange, except that--
(1) any lands or interests therein within the boundary of
the preserve which are owned by the State of California, or
any political subdivision thereof, may be acquired only by
donation or exchange except for lands managed by the
California State Lands Commission; and
(2) lands or interests therein within the boundary of the
preserve which are not owned by the State of California or
any political subdivision thereof may be acquired only with
the consent of the owner thereof unless the Secretary
determines, after written notice to the owner and after
opportunity for comment, that the property is being
developed, or proposed to be developed, in a manner which is
detrimental to the integrity of the preserve or which is
otherwise incompatible with the purposes of this title.
acquired lands be made part of mojave national preserve
Sec. 415. Any lands acquired by the Secretary under this
title shall become part of the Mojave National Preserve.
mojave national preserve advisory commission
Sec. 416. (a) The Secretary shall establish an advisory
commission of no more than 15 members, to advise the
Secretary concerning the development and implementation of a
new or revised comprehensive management plan for Mojave
National Preserve.
(b)(1) The advisory commission shall include an elected
official for each County within which any part of the
preserve is located, a representative of the owners of
private properties located within or immediately adjacent to
the preserve, and other members representing persons actively
engaged in grazing and range management, mineral exploration
and development, and persons with expertise in relevant
fields, including geology, biology, ecology, law enforcement,
and the protection and management of National Park resources
and values.
(2) Vacancies in the commission shall be filled by the
Secretary so as to maintain the full diversity of views
required to be represented on the Commission.
(c) The Federal Advisory Committee Act shall apply to the
procedures and activities of the advisory commission.
(d) The advisory commission shall cease to exist ten years
after the date of its establishment.
no adverse affect on land until acquired
Sec. 417. Unless and until acquired by the United States,
no lands within the boundaries of wilderness areas or
National Park System units designated or enlarged by this Act
that are owned by any person or entity other than the United
States shall be subject to any of the rules or regulations
applicable solely to the Federal lands within such boundaries
and may be used to the extent allowed by applicable law.
Neither the location of such lands within such boundaries nor
the possible acquisition of such lands by the United States
shall constitute a bar to the otherwise lawful issuance of
any Federal license or permit other than a license or permit
related to activities governed by 16 U.S.C. 460l-22(c).
Nothing in this section shall be construed as affecting the
applicability of any provision of the Mining in the Parks Act
(16 U.S.C. 1901 et seq.), the Clean Air Act (42 U.S.C. 7401
et seq.), or regulations applicable to oil and gas
development as set forth in 36 CFR 9B.
TITLE V--NATIONAL PARK WILDERNESS
designation of wilderness
Sec. 501. The following lands are hereby designated as
wilderness in accordance with the Wilderness Act (78 Stat.
890; 16 U.S.C. 1131 et seq.) and shall be administered by the
Secretary of the Interior in accordance with the applicable
provisions of the Wilderness Act:
(1) Death Valley National Park Wilderness, comprising
approximately three million one hundred sixty-two thousand
one hundred and thirty-eight acres, as generally depicted on
23 maps entitled ``Death Valley National Park Boundary and
Wilderness'', numbered in the title one through twenty-three,
and dated May 1994 or prior, and three maps entitled ``Death
Valley National Park Wilderness'', numbered in the title one
through three, and dated May 1994 or prior, and which shall
be known as the Death Valley Wilderness.
(2) Joshua Tree National Park Wilderness Additions,
comprising approximately one hundred thirty-one thousand
seven hundred and eighty acres, as generally depicted on four
maps entitled ``Joshua Tree National Park Boundary and
Wilderness--Proposed'', numbered in the title one through
four, and dated October 1991 or prior, and which are hereby
incorporated in, and which shall be deemed to be a part of
the Joshua Tree Wilderness as designated by Public Law 94-
567.
(3) Mojave National Preserve Wilderness, comprising
approximately six hundred ninety-four thousand acres, as
generally depicted on ten maps entitled ``Mojave National
Park Boundary and Wilderness--Proposed'', numbered in the
title one through ten, and dated May 1994 or prior, and seven
maps entitled ``Mojave National Park Wilderness--Proposed'',
numbered in the title one through seven, and dated May 1994
or prior, and which shall be known as the Mojave Wilderness.
(4) Upon cessation of all uses prohibited by the Wilderness
Act and publication by the Secretary in the Federal Register
of notice of such cessation, potential wilderness, comprising
approximately six thousand eight hundred and forty acres, as
described in ``1988 Death Valley National Monument Draft
General Management Plan Draft Environmental Impact
Statement'' (hereafter in this title referred to as ``Draft
Plan'') and as generally depicted on a map in the Draft Plan
entitled ``Wilderness Plan Death Valley National Monument'',
dated January 1988, shall be deemed to be a part of the Death
Valley Wilderness as designated in paragraph (1). Lands
identified in the Draft Plan as potential wilderness shall be
managed by the Secretary insofar as practicable as wilderness
until such time as said lands are designated as wilderness.
filing of maps and descriptions
Sec. 502. Maps and a legal description of the boundaries of
the areas designated in section 501 of this title shall be on
file and available for public inspection in the Office of the
Director of the National Park Service, Department of the
Interior, and in the Office of the Superintendent of each
area designated in section 501. As soon as practicable after
this title takes effect, maps of the wilderness areas and
legal descriptions of their boundaries shall be filed with
the Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of
Representatives, and such maps and descriptions shall have
the same force and effect as if included in this title,
except that the Secretary may correct clerical and
typographical errors in such maps and descriptions.
administration of wilderness areas
Sec. 503. The areas designated by section 501 of this title
as wilderness shall be administered by the Secretary in
accordance with the applicable provisions of the Wilderness
Act governing areas designated by that title as wilderness,
except that any reference in such provision to the effective
date of the Wilderness Act shall be deemed to be a reference
to the effective date of this title, and where appropriate,
and reference to the Secretary of Agriculture shall be deemed
to be a reference to the Secretary of the Interior.
TITLE VI--MISCELLANEOUS PROVISIONS
transfer of lands to red rock canyon state park
Sec. 601. Upon enactment of this title, the Secretary of
the Interior shall transfer to the State of California
certain lands within the California Desert Conservation Area,
California, of the Bureau of Land Management, comprising
approximately twenty thousand five hundred acres, as
generally depicted on two maps entitled ``Red Rock Canyon
State Park Additions 1'' and ``Red Rock Canyon State Park
Additions 2'', dated May 1991, for inclusion in the State of
California Park System. Should the State of California cease
to manage these lands as part of the State Park System,
ownership of the lands shall revert to the Department of the
Interior to be managed as part of the California Desert
Conservation Area to provide maximum protection for the
area's scenic and scientific values.
desert lily sanctuary
Sec. 602. (a) There is hereby established the Desert Lily
Sanctuary within the California Desert Conservation Area,
California, of the Bureau of Land Management, comprising
approximately two thousand forty acres, as generally depicted
on a map entitled ``Desert Lily Sanctuary'', dated February
1986. The Secretary of the Interior shall administer the area
to provide maximum protection to the desert lily.
(b) Subject to valid existing rights, Federal lands within
the sanctuary, and interests therein, are withdrawn from
disposition under the public land laws and from entry or
appropriation under the mining laws of the United States,
from the operation of the mineral leasing laws of the United
States, and from operation of the Geothermal Steam Act of
1970.
land tenure adjustments
Sec. 603. In preparing land tenure adjustment decisions
within the California Desert Conservation Area, of the Bureau
of Land Management, the Secretary shall give priority to
consolidating Federal ownership within the national park
units and wilderness areas designated by this Act.
disposal prohibition
Sec. 604. Notwithstanding any other provision of law, the
Secretary of the Interior and the Secretary of Agriculture
may not dispose of any lands within the boundaries of the
wilderness, parks, or preserve designated under this Act or
grant a right-of-way in any lands within the boundaries of
the wilderness designated under this Act. Further, none of
the lands within the boundaries of the wilderness, parks, or
preserve designated under this Act shall be granted to or
otherwise made available for use by the Metropolitan Water
District and any other agencies or persons pursuant to the
Boulder Canyon Project Act (43 U.S.C. 617-619b) or any
similar Acts.
[[Page 1381]]
management of newly acquired lands
Sec. 605. Any lands within the boundaries of a wilderness
area designated under this Act which are acquired by the
Federal Government shall become part of the wilderness area
within which they are located and shall be managed in
accordance with all the provisions of this Act and other laws
applicable to such wilderness area.
native american uses
Sec. 606. (a) In recognition of the past use of the parks,
wilderness, and preserve areas designed under this Act by
Indian people for traditional cultural and religious
purposes, the Secretary shall ensure access to such parks,
wilderness, and preserve areas by Indian people for such
traditional cultural and religious purposes. In implementing
this section, the Secretary, upon the request of an Indian
tribe or Indian religious community, shall temporarily close
to the general public use of one or more specific portions of
park, wilderness, or preserve areas in order to protect the
privacy of traditional cultural and religious activities in
such areas by Indian people. Such access shall be consistent
with the purpose and intent of Public Law 95-341 (42 U.S.C.
1996) commonly referred to as the ``American Indian Religious
Freedom Act'', and with respect to areas designated as
wilderness, the Wilderness Act (78 Stat. 890; 16 U.S.C.
1131).
(b)(1) The Secretary, in consultation with the Timbisha
Shoshone Tribe and relevant Federal agencies, shall conduct a
study, subject to the availability of appropriations, to
identify lands suitable for a reservation for the Timbisha
Shoshone Tribe that are located within the Tribe's aboriginal
homeland area.
(2) Not later than two years after the date of enactment of
this Act, the Secretary shall submit a report to the
Committee on Energy and Natural Resources and the Committee
on Indian Affairs of the Senate, and the Committee on Natural
Resources of the House of Representatives on the results of
the study conducted under paragraph (1).
water rights
Sec. 607. (a) With respect to each wilderness area
designated by this Act, Congress hereby reserves a quantity
of water sufficient to fulfill the purposes of this Act. The
priority date of such reserved water rights shall be the date
of enactment of this Act.
(b) The Secretary of the Interior and all other officers of
the United States shall take all steps necessary to protect
the rights reserved by this section, including the filing by
the Secretary of a claim for the quantification of such
rights in any present or future appropriate stream
adjudication in the courts of the State of California in
which the United States is or may be joined and which is
conducted in accordance with section 208 of the Act of July
10, 1952 (66 Stat. 560, 43 U.S.C. 666; commonly referred to
as the McCarran Amendment).
(c) Nothing in this Act shall be construed as a
relinquishment or reduction of any water rights reserved or
appropriated by the United States in the State of California
on or before the date of enactment of this Act.
(d) The Federal water rights reserved by this Act are
specific to the wilderness areas located in the State of
California designated under this Act. Nothing in this Act
related to the reserved Federal water rights shall be
construed as establishing a precedent with regard to any
future designations, nor shall it constitute an
interpretation of any other Act or any designation made
thereto.
(e) Nothing in this Act shall be construed to affect the
operation of federally owned dams located on the Colorado
River in the Lower Basin.
(f) Nothing in this Act shall be construed to amend,
supersede, or preempt any State law, Federal law, interstate
compact, or international treaty pertaining to the Colorado
River (including its tributaries) in the Upper Basin,
including, but not limited to the appropriation, use,
development, storage, regulation, allocation, conservation,
exportation, or quality of those rivers.
(g) With respect to the Havasu and Imperial wilderness
areas designated by section 111 of title I of this Act, no
rights to water of the Colorado River are reserved, either
expressly, impliedly, or otherwise.
state school lands
Sec. 608. (a) Upon request of the California State Lands
Commission (hereinafter in this section referred to as the
``Commission''), the Secretary shall enter into negotiations
for an agreement to exchange Federal lands or interests
therein on the list referred to in subsection (b)(2) for
California State School Lands (hereinafter in this section
referred to as ``State School Lands'') or interests therein
which are located within the boundaries of one or more of the
wilderness areas or park units designated by this Act. The
Secretary shall negotiate in good faith to reach a land
exchange agreement consistent with the requirements of
section 206 of the Federal Land Policy and Management Act of
1976.
(b) Within six months after the date of enactment of this
Act, the Secretary shall send to the Commission and to the
Committees a list of the following:
(1) The State School Lands or interests therein (including
mineral interests) which are located within the boundaries of
the wilderness areas or park units designated by this Act.
(2) Lands under the Secretary's jurisdiction to be offered
for exchange, including in the following priority:
(A) Lands with mineral interests, including geothermal,
which have the potential for commercial development but which
are not currently under mineral lease or producing Federal
mineral revenues.
(B) Federal lands in California managed by the Bureau of
Reclamation that the Secretary determines are not needed for
any Bureau of Reclamation project.
(C) Any public lands in California that the Secretary,
pursuant to the Federal Land Policy and Management Act of
1976, has determined to be suitable for disposal through
exchange.
(3) The Secretary may exclude, in his discretion, lands
located within, or contiguous to, the exterior boundaries of
lands held in trust for a federally recognized Indian tribe
located in the State of California.
(c)(1) If an agreement under this section is for an
exchange involving five thousand acres or less of Federal
land or interests therein, or Federal lands valued at less
than $5,000,000, the Secretary may carry out the exchange in
accordance with the Federal Land Policy and Management Act of
1976.
(2) If an agreement under this section is for an exchange
involving more than five thousand acres of Federal land or
interests therein, or Federal land valued at more than
$5,000,000, the agreement shall be submitted to the
Committees, together with a report containing--
(A) a complete list and appraisal of the lands or interests
in lands proposed for exchange; and
(B) a determination that the State School Lands proposed to
be acquired by the United States do not contain any hazardous
waste, toxic waste, or radioactive waste.
(d) An agreement submitted under subsection (c)(2) shall
not take effect unless approved by a joint resolution enacted
by the Congress.
(e) If exchanges of all of the State School Lands are not
completed by October 1, 2004, the Secretary shall adjust the
appraised value of any remaining inholdings consistent with
the provisions of section 206 of the Federal Land Management
Policy Act of 1976. The Secretary shall establish an account
in the name of the Commission in the amount of such appraised
value. Title to the State School Lands shall be transferred
to the United States at the time such account is credited.
(f) The Commission may use the credit in its account to
bid, as any other bidder, for excess or surplus Federal
property to be sold in the State of California in accordance
with the applicable laws and regulations of the Federal
agency offering such property for sale. The account shall be
adjusted to reflect successful bids under this section or
payments or forfeited deposits, penalties, or other costs
assessed to the bidder in the course of such sales. In the
event that the balance in the account has not been reduced to
zero by October 1, 2009, there are authorized to be
appropriated to the Secretary for payment to the California
State Lands Commission funds equivalent to the balance
remaining in the account as of October 1, 2009.
(g) As used in this section, the term ``Committees'' means
the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate.
exchanges
Sec. 609. (a) Upon request of the holder of private lands
(hereafter in this section referred to as the ``landowner''),
the Secretary shall enter into negotiations for an agreement
or agreements to exchange Federal lands or interests therein
on the list referred to in subsection (b)(2) of this section
for lands of the landowner or interests therein which are
located within the boundaries of one or more of the
wilderness areas or park units designated by this Act.
(b) Within six months after the date of enactment of this
Act, the Secretary shall send to the landowner and to the
Committees a list of the following:
(1) Lands of the landowner or interests therein (including
mineral interests) which are located within the boundaries of
the wilderness areas or park units designated by this Act.
(2) Lands under the Secretary's jurisdiction to be offered
for exchange, in the following priority:
(A) Lands, including lands with mineral and geothermal
interests, which have the potential for commercial
development but which are not currently under lease or
producing Federal revenues.
(B) Federal lands managed by the Bureau of Reclamation that
the Secretary determines are not needed for any Bureau of
Reclamation project.
(C) Any public lands that the Secretary, pursuant to the
Federal Land Policy and Management Act of 1976, has
determined to be suitable for disposal through exchange.
(3) The Secretary may exclude, in his discretion, lands
located within, or contiguous to, the exterior boundaries of
lands held in trust for a federally recognized Indian tribe
located in the State of California.
(c)(1) If an agreement under this section is for (A) an
exchange involving lands outside the State of California, (B)
more than 5,000 acres of Federal land or interests therein in
California, or (C) Federal lands in any State valued at more
than $5,000,000, the Secretary shall provide to the
Committees a detailed report of each such land exchange
agreement.
(2) All land exchange agreements shall be consistent with
the Federal Land Policy and Management Act of 1976.
(3) Any report submitted to the Committees under this
subsection shall include the following:
[[Page 1382]]
(A) A complete list and appraisal of the lands or interests
in land proposed for exchange.
(B) A complete list of the lands, if any, to be acquired by
the United States which contain any hazardous waste, toxic
waste, or radioactive waste which requires removal or
remedial action under Federal or State law, together with the
estimated costs of any such action.
(4) An agreement under this subsection shall not take
effect unless approved by a joint resolution enacted by the
Congress.
(d) The Secretary shall provide the California State Lands
Commission with a one hundred eighty-day right of first
refusal to exchange for any Federal lands or interests
therein, located in the State of California, on the list
referred to in subsection (b)(2). Any lands with respect to
which a right of first refusal is not noticed within such
period or exercised under this subsection shall be available
to the landowner for exchange in accordance with this
section.
(e) On January 3, 1999, the Secretary shall provide to the
Committees a list and appraisal consistent with the Federal
Land Policy and Management Act of 1976 of all private lands
eligible for exchange under this section for which an
exchange has not been completed. With respect to any of such
lands for which an exchange has not been completed by October
1, 2004 (hereafter in this section referred to as ``remaining
lands''), the Secretary shall establish an account in the
name of each landowner (hereafter in this section referred to
as the ``exchange account''). Upon the transfer of title by
the landowner to all or a portion of the remaining lands to
the United States, the Secretary shall credit the exchange
account in the amount of the appraised value of the
transferred remaining lands at the time of such transfer.
(f) The landowner may use the credit in its account to bid,
as any other bidder, for excess or surplus Federal property
to be sold in the State of California in accordance with the
applicable laws and regulations of the Federal agency
offering such property for sale. The account shall be
adjusted to reflect successful bids under this section or
payments or forfeited deposits, penalties, or other costs
assessed to the bidder in the course of such sales. Upon
approval by the Secretary in writing, the credits in the
landowner's exchange account may be transferred or sold in
whole or in part by the landowner to any other party, thereby
vesting such party with all the rights formerly held by the
landowner. The exchange account shall be adjusted to reflect
successful bids under this section or payments or forfeited
deposits, penalties, or other costs assessed to the bidder in
the course of such sales.
(g)(1) The Secretary shall not accept title pursuant to
this section to any lands unless such title includes all
right, title, and interest in and to the fee estate.
(2) Notwithstanding paragraph (1), the Secretary may accept
title to any subsurface estate where the United States holds
title to the surface estate.
(3) This subsection does not apply to easements and rights-
of-way for utilities or roads.
(h) In no event shall the Secretary accept title under this
section to lands which contain any hazardous waste, toxic
waste, or radioactive waste which requires removal or
remedial action under Federal or State law unless such
remedial action has been completed prior to the transfer.
(i) For purposes of the section, any appraisal shall be
consistent with the provisions of section 206 of the Federal
Land Policy and Management Act of 1976.
(j) As used in this section, the term ``Committees'' means
the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate.
TITLE VII--DEFINITIONS AND AUTHORIZATION OF APPROPRIATIONS
definitions
Sec. 701. For the purposes of this Act:
(1) The term ``Secretary'', unless specifically designated
otherwise, means the Secretary of the Interior.
(2) The term ``public lands'' means any land and interest
in land owned by the United States and administered by the
Secretary of the Interior through the Bureau of Land
Management.
authorization of appropriations
Sec. 702. There are hereby authorized to be appropriated to
the National Park Service and Bureau of Land Management to
carry out the purposes of this Act an amount not to exceed
$36,000,000 over and above that provided in fiscal year 1994
for additional administrative and construction costs over the
fiscal year 1995-1999 period and $300,000,000 for all land
acquisition costs. No funds in excess of these amounts may be
used for construction, administration, or land acquisition
authorized under this Act without a specific authorization in
an Act of Congress enacted after the date of enactment of
this Act.
land appraisal
Sec. 703. Lands and interests in lands acquired pursuant to
this Act shall be appraised without regard to the presence of
a species listed as threatened or endangered pursuant to the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
TITLE VIII--CALIFORNIA MILITARY LANDS WITHDRAWAL
SEC. 801. SHORT TITLE AND FINDINGS.
(a) Short Title.--This title may be cited as the
``California Military Lands Withdrawal and Overflights Act of
1994''.
(b) Findings.--The Congress finds that--
(1) the Federal lands within the desert regions of
California have provided essential opportunities for military
training, research, and development for the Armed Forces of
the United States and allied nations;
(2) alternative sites for military training and other
military activities carried out on Federal lands in the
California desert area are not readily available;
(3) while changing world conditions have lessened to some
extent the immediacy of military threats to the national
security of the United States and its allies, there remains a
need for military training, research, and development
activities of the types that have been carried out on Federal
lands in the California desert area; and
(4) continuation of existing military training, research,
and development activities, under appropriate terms and
conditions, is not incompatible with the protection and
proper management of the natural, environmental, cultural,
and other resources and values of the Federal lands in the
California desert area.
SEC. 802. WITHDRAWALS.
(a) China Lake.--(1) Subject to valid existing rights and
except as otherwise provided in this title, the Federal lands
referred to in paragraph (2), and all other areas within the
boundary of such lands as depicted on the map specified in
such paragraph which may become subject to the operation of
the public land laws, are hereby withdrawn from all forms of
appropriation under the public land laws (including the
mining laws and the mineral leasing laws). Such lands are
reserved for use by the Secretary of the Navy for--
(A) use as a research, development, test, and evaluation
laboratory;
(B) use as a range for air warfare weapons and weapon
systems;
(C) use as a high hazard training area for aerial gunnery,
rocketry, electronic warfare and countermeasures, tactical
maneuvering and air support; and
(D) subject to the requirements of section 804(f), other
defense-related purposes consistent with the purposes
specified in this paragraph.
(2) The lands referred to in paragraph (1) are the Federal
lands, located within the boundaries of the China Lake Naval
Weapons Center, comprising approximately 1,100,000 acres in
Inyo, Kern, and San Bernardino Counties, California, as
generally depicted on a map entitled ``China Lake Naval
Weapons Center Withdrawal--Proposed'', dated January 1985,
and filed in accordance with section 803.
(b) Chocolate Mountain.--(1) Subject to valid existing
rights and except as otherwise provided in this title, the
Federal lands referred to in paragraph (2), and all other
areas within the boundary of such lands as depicted on the
map specified in such paragraph which may become subject to
the operation of the public land laws, are hereby withdrawn
from all forms of appropriation under the public land laws
(including the mining laws and the mineral leasing and the
geothermal leasing laws). Such lands are reserved for use by
the Secretary of the Navy for--
(A) testing and training for aerial bombing, missile
firing, tactical maneuvering and air support; and
(B) subject to the provisions of section 804(f), other
defense-related purposes consistent with the purposes
specified in this paragraph.
(2) The lands referred to in paragraph (1) are the Federal
lands comprising approximately 226,711 acres in Imperial
County, California, as generally depicted on a map entitled
``Chocolate Mountain Aerial Gunnery Range Proposed--
Withdrawal'' dated July 1993 and filed in accordance with
section 803.
(c) El Centro Ranges.--(1) Subject to valid existing
rights, and except as otherwise provided in this title, the
Federal lands referred to in paragraph (2), and all other
areas within the boundaries of such lands as depicted on the
map specified in such paragraph which may become subject to
the operation of the public land laws, are hereby withdrawn
from all forms of appropriation under the public land laws
(including the mining laws) but not the mineral or geothermal
leasing laws. Such lands are reserved for use by the
Secretary of the Navy for--
(A) defense-related purposes in accordance with the
Memorandum of Understanding dated June 29, 1987, between the
Bureau of Land Management, the Bureau of Reclamation, and the
Department of the Navy; and
(B) subject to the provisions of section 804(f), other
defense-related purposes consistent with the purposes
specified in this paragraph.
(2) The lands referred to in paragraph (1) are the Federal
lands comprising approximately 46,600 acres in Imperial
County, California, as generally depicted on a map entitled
``Exhibit A, Naval Air Facility, El Centro, California, Land
Acquisition Map, Range 2510 (West Mesa) dated March 1993 and
a map entitled ``Exhibit B, Naval Air Facility, El Centro,
California, Land Acquisition Map Range 2512 (East Mesa)''
dated March 1993.
SEC. 803. MAPS AND LEGAL DESCRIPTIONS.
(a) Publication and Filing Requirement.--As soon as
practicable after the date of enactment of this title, the
Secretary of the Interior shall--
(1) publish in the Federal Register a notice containing the
legal description of the lands withdrawn and reserved by this
title; and
[[Page 1383]]
(2) file maps and the legal description of the lands
withdrawn and reserved by this title with the Committee on
Energy and Natural Resources of the United States Senate and
with the Committee on Natural Resources of the United States
House of Representatives.
(b) Technical Corrections.--Such maps and legal
descriptions shall have the same force and effect as if they
were included in this title except that the Secretary of the
Interior may correct clerical and typographical errors in
such maps and legal descriptions.
(c) Availability for Public Inspection.--Copies of such
maps and legal descriptions shall be available for public
inspection in the Office of the Director of the Bureau of
Land Management, Washington, District of Columbia; the Office
of the Director, California State Office of the Bureau of
Land Management, Sacramento, California; the office of the
commander of the Naval Weapons Center, China Lake,
California; the office of the commanding officer, Marine
Corps Air Station, Yuma, Arizona; and the Office of the
Secretary of Defense, Washington, District of Columbia.
(d) Reimbursement.--The Secretary of Defense shall
reimburse the Secretary of the Interior for the cost of
implementing this section.
SEC. 804. MANAGEMENT OF WITHDRAWN LANDS.
(a) Management by the Secretary of the Interior.--(1)
Except as provided in subsection (g), during the period of
the withdrawal the Secretary of the Interior shall manage the
lands withdrawn under section 802 pursuant to the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.) and other applicable law, including this Act.
(2) To the extent consistent with applicable law and
Executive orders, the lands withdrawn under section 802 may
be managed in a manner permitting--
(A) the continuation of grazing pursuant to applicable law
and Executive orders where permitted on the date of enactment
of this title;
(B) protection of wildlife and wildlife habitat;
(C) control of predatory and other animals;
(D) recreation (but only on lands withdrawn by section
802(a) (relating to China Lake));
(E) the prevention and appropriate suppression of brush and
range fires resulting from nonmilitary activities; and
(F) geothermal leasing and development and related power
production activities on the lands withdrawn under section
802(a) (relating to China Lake).
(3)(A) All nonmilitary use of such lands, including the
uses described in paragraph (2), shall be subject to such
conditions and restrictions as may be necessary to permit the
military use of such lands for the purposes specified in or
authorized pursuant to this title.
(B) The Secretary of the Interior may issue any lease,
easement, right-of-way, or other authorization with respect
to the nonmilitary use of such lands only with the
concurrence of the Secretary of the Navy.
(b) Closure to Public.--(1) If the Secretary of the Navy
determines that military operations, public safety, or
national security require the closure to public use of any
road, trail, or other portion of the lands withdrawn by this
title, the Secretary may take such action as the Secretary
determines necessary or desirable to effect and maintain such
closure.
(2) Any such closure shall be limited to the minimum areas
and periods which the Secretary of the Navy determines are
required to carry out this subsection.
(3) Before and during any closure under this subsection,
the Secretary of the Navy shall--
(A) keep appropriate warning notices posted; and
(B) take appropriate steps to notify the public concerning
such closures.
(c) Management Plan.--The Secretary of the Interior (after
consultation with the Secretary of the Navy) shall develop a
plan for the management of each area withdrawn under section
802 during the period of such withdrawal. Each plan shall--
(1) be consistent with applicable law;
(2) be subject to conditions and restrictions specified in
subsection (a)(3);
(3) include such provisions as may be necessary for proper
management and protection of the resources and values of such
area; and
(4) be developed not later than three years after the date
of enactment of this title.
(d) Brush and Range Fires.--The Secretary of the Navy shall
take necessary precautions to prevent and suppress brush and
range fires occurring within and outside the lands withdrawn
under section 802 as a result of military activities and may
seek assistance from the Bureau of Land Management in the
suppression of such fires. The memorandum of understanding
required by subsection (e) shall provide for Bureau of Land
Management assistance in the suppression of such fires, and
for a transfer of funds from the Department of the Navy to
the Bureau of Land Management as compensation for such
assistance.
(e) Memorandum of Understanding.--(1) The Secretary of the
Interior and the Secretary of the Navy shall (with respect to
each land withdrawal under section 802) enter into a
memorandum of understanding to implement the management plan
developed under subsection (c). Any such memorandum of
understanding shall provide that the Director of the Bureau
of Land Management shall provide assistance in the
suppression of fires resulting from the military use of lands
withdrawn under section 802 if requested by the Secretary of
the Navy.
(2) The duration of any such memorandum shall be the same
as the period of the withdrawal of the lands under section
802.
(f) Additional Military Uses.--(1) Lands withdrawn by
section 802 may be used for defense-related uses other than
those specified in such section. The Secretary of Defense
shall promptly notify the Secretary of the Interior in the
event that the lands withdrawn by this title will be used for
defense-related purposes other than those specified in
section 802. Such notification shall indicate the additional
use or uses involved, the proposed duration of such uses, and
the extent to which such additional military uses of the
withdrawn lands will require that additional or more
stringent conditions or restrictions be imposed on otherwise-
permitted nonmilitary uses of the withdrawn land or portions
thereof.
(g) Management of China Lake.--(1) The Secretary of the
Interior may assign the management responsibility for the
lands withdrawn under section 802(a) to the Secretary of the
Navy who shall manage such lands, and issue leases,
easements, rights-of-way, and other authorizations, in
accordance with this title and cooperative management
arrangements between the Secretary of the Interior and the
Secretary of the Navy. In the case that the Secretary of the
Interior assigns such management responsibility to the
Secretary of the Navy before the development of the
management plan under subsection (c), the Secretary of the
Navy (after consultation with the Secretary of the Interior)
shall develop such management plan. Nothing in this title
shall affect geothermal leases issued by the Secretary of the
Interior prior to the date of enactment of this title or the
responsibility of the Secretary to administer and manage such
leases consistent with the provisions of this title.
(2) The Secretary of the Interior shall be responsible for
the issuance of any lease, easement, right-of-way, and other
authorization with respect to any activity which involves
both the lands withdrawn under section 802(a) and any other
lands. Any such authorization shall be issued only with the
consent of the Secretary of the Navy and, to the extent that
such activity involves lands withdrawn under section 802(a),
shall be subject to such conditions as the Secretary of the
Navy may prescribe.
(3) The Secretary of the Navy shall prepare and submit to
the Secretary of the Interior an annual report on the status
of the natural and cultural resources and values of the lands
withdrawn under section 802(a). The Secretary of the Interior
shall transmit such report to the Committee on Natural
Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate.
(4) The Secretary of the Navy shall be responsible for the
management of wild horses and burros located on the lands
withdrawn under section 802(a) and may utilize helicopters
and motorized vehicles for such purposes. Such management
shall be in accordance with laws applicable to such
management on public lands and with an appropriate memorandum
of understanding between the Secretary of the Interior and
the Secretary of the Navy.
(5) Neither this Act nor any other provision of law shall
be construed to prohibit the Secretary of the Interior from
issuing and administering any lease for the development and
utilization of geothermal steam and associated geothermal
resources on the lands withdrawn under section 802(a)
pursuant to the Geothermal Steam Act of 1970 (30 U.S.C. 1001
et seq.) and other applicable law, but no such lease shall be
issued without the concurrence of the Secretary of the Navy.
(6) This title shall not affect the geothermal exploration
and development authority of the Secretary of the Navy under
section 2689 of title 10, United States Code, except that the
Secretary of the Navy shall obtain the concurrence of the
Secretary of the Interior before taking action under that
section with respect to the lands withdrawn under section
802(a).
(7) Upon the expiration of the withdrawal made by
subsection (a) of section 802 or relinquishment of the lands
withdrawn by that subsection, Navy contracts for the
development of geothermal resources at China Lake then in
effect (including amendments or renewals by the Navy after
the date of enactment of this Act) shall remain in effect:
Provided, That the Secretary of the Interior, with the
consent of the Secretary of the Navy, may offer to substitute
a standard geothermal lease for any such contract.
(h) Management of El Centro Ranges.--To the extent
consistent with this title, the lands and minerals within the
areas described in section 802(c) shall be managed in
accordance with the Cooperative Agreement entered into
between the Bureau of Land Management, Bureau of Reclamation,
and the Department of the Navy, dated June 29, 1987.
SEC. 805. DURATION OF WITHDRAWALS.
(a) Duration.--The withdrawal and reservation established
by this title shall terminate 15 years after the date of
enactment of this Act.
(b) Draft Environmental Impact Statement.--No later than 12
years after the date of enactment of this Act, the Secretary
of the Navy shall publish a draft environmental impact
statement concerning continued or
[[Page 1384]]
renewed withdrawal of any portion of the lands withdrawn by
this title for which that Secretary intends to seek such
continued or renewed withdrawal. Such draft environmental
impact statement shall be consistent with the requirements of
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) applicable to such a draft environmental impact
statement. Prior to the termination date specified in
subsection (a), the Secretary of the Navy shall hold a public
hearing on any draft environmental impact statement published
pursuant to this subsection. Such hearing shall be held in
the State of California in order to receive public comments
on the alternatives and other matters included in such draft
environmental impact statement.
(c) Extensions or Renewals.--The withdrawals established by
this title may not be extended or renewed except by an Act or
joint resolution.
SEC. 806. ONGOING DECONTAMINATION.
(a) Program.--Throughout the duration of the withdrawals
made by this title, the Secretary of the Navy, to the extent
funds are made available, shall maintain a program of
decontamination of lands withdrawn by this title at least at
the level of decontamination activities performed on such
lands in fiscal year 1986.
(b) Reports.--At the same time as the President transmits
to the Congress the President's proposed budget for the first
fiscal year beginning after the date of enactment of this Act
and for each subsequent fiscal year, the Secretary of the
Navy shall transmit to the Committees on Appropriations,
Armed Services, and Energy and Natural Resources of the
Senate and to the Committees on Appropriations, Armed
Services, and Natural Resources of the House of
Representatives a description of the decontamination efforts
undertaken during the previous fiscal year on such lands and
the decontamination activities proposed for such lands during
the next fiscal year including:
(1) amounts appropriated and obligated or expended for
decontamination of such lands;
(2) the methods used to decontaminate such lands;
(3) amount and types of contaminants removed from such
lands;
(4) estimated types and amounts of residual contamination
on such lands; and
(5) an estimate of the costs for full decontamination of
such lands and the estimate of the time to complete such
decontamination.
SEC. 807. REQUIREMENTS FOR RENEWAL.
(a) Notice and Filing.--(1) No later than three years prior
to the termination of the withdrawal and reservation
established by this title, the Secretary of the Navy shall
advise the Secretary of the Interior as to whether or not the
Secretary of the Navy will have a continuing military need
for any of the lands withdrawn under section 802 after the
termination date of such withdrawal and reservation.
(2) If the Secretary of the Navy concludes that there will
be a continuing military need for any of such lands after the
termination date, the Secretary shall file an application for
extension of the withdrawal and reservation of such needed
lands in accordance with the regulations and procedures of
the Department of the Interior applicable to the extension of
withdrawals of lands for military uses.
(3) If, during the period of withdrawal and reservation,
the Secretary of the Navy decides to relinquish all or any of
the lands withdrawn and reserved by this title, the Secretary
shall file a notice of intention to relinquish with the
Secretary of the Interior.
(b) Contamination.--(1) Before transmitting a notice of
intention to relinquish pursuant to subsection (a), the
Secretary of Defense, acting through the Department of Navy,
shall prepare a written determination concerning whether and
to what extent the lands that are to be relinquished are
contaminated with explosive, toxic, or other hazardous
materials.
(2) A copy of such determination shall be transmitted with
the notice of intention to relinquish.
(3) Copies of both the notice of intention to relinquish
and the determination concerning the contaminated state of
the lands shall be published in the Federal Register by the
Secretary of the Interior.
(c) Decontamination.--If any land which is the subject of a
notice of intention to relinquish pursuant to subsection (a)
is contaminated, and the Secretary of the Interior, in
consultation with the Secretary of the Navy, determines that
decontamination is practicable and economically feasible
(taking into consideration the potential future use and value
of the land) and that upon decontamination, the land could be
opened to operation of some or all of the public land laws,
including the mining laws, the Secretary of the Navy shall
decontaminate the land to the extent that funds are
appropriated for such purpose.
(d) Alternatives.--If the Secretary of the Interior, after
consultation with the Secretary of the Navy, concludes that
decontamination of any land which is the subject of a notice
of intention to relinquish pursuant to subsection (a) is not
practicable or economically feasible, or that the land cannot
be decontaminated sufficiently to be opened to operation of
some or all of the public land laws, or if Congress does not
appropriate a sufficient amount of funds for the
decontamination of such land, the Secretary of the Interior
shall not be required to accept the land proposed for
relinquishment.
(e) Status of Contaminated Lands.--If, because of their
contaminated state, the Secretary of the Interior declines to
accept jurisdiction over lands withdrawn by this title which
have been proposed for relinquishment, or if at the
expiration of the withdrawal made by this title the Secretary
of the Interior determines that some of the lands withdrawn
by this title are contaminated to an extent which prevents
opening such contaminated lands to operation of the public
land laws--
(1) the Secretary of the Navy shall take appropriate steps
to warn the public of the contaminated state of such lands
and any risks associated with entry onto such lands;
(2) after the expiration of the withdrawal, the Secretary
of the Navy shall undertake no activities on such lands
except in connection with decontamination of such lands; and
(3) the Secretary of the Navy shall report to the Secretary
of the Interior and to the Congress concerning the status of
such lands and all actions taken in furtherance of this
subsection.
(f) Revocation Authority.--Notwithstanding any other
provision of law, the Secretary of the Interior, upon
deciding that it is in the public interest to accept
jurisdiction over lands proposed for relinquishment pursuant
to subsection (a), is authorized to revoke the withdrawal and
reservation established by this title as it applies to such
lands. Should the decision be made to revoke the withdrawal
and reservation, the Secretary of the Interior shall publish
in the Federal Register an appropriate order which shall--
(1) terminate the withdrawal and reservation;
(2) constitute official acceptance of full jurisdiction
over the lands by the Secretary of the Interior; and
(3) state the date upon which the lands will be opened to
the operation of some or all of
the public lands laws, including the mining laws.
SEC. 808. DELEGABILITY.
(a) Defense.--The functions of the Secretary of Defense or
the Secretary of the Navy under this title may be delegated.
(b) Interior.--The functions of the Secretary of the
Interior under this title may be delegated, except that an
order described in section 807(f) may be approved and signed
only by the Secretary of the Interior, the Under Secretary of
the Interior, or an Assistant Secretary of the Department of
the Interior.
SEC. 809. HUNTING, FISHING, AND TRAPPING.
All hunting, fishing, and trapping on the lands withdrawn
by this title shall be conducted in accordance with the
provisions of section 2671 of title 10, United States Code.
SEC. 810. IMMUNITY OF UNITED STATES.
The United States and all departments or agencies thereof
shall be held harmless and shall not be liable for any injury
or damage to persons or property suffered in the course of
any geothermal leasing or other authorized nonmilitary
activity conducted on lands described in section 802 of this
title.
SEC. 811. MILITARY OVERFLIGHTS.
(a) Effect of Act.--(1) Nothing in this Act shall be
construed to--
(A) restrict or preclude continuation of low-level military
overflights, including those on existing flight training
routes; or
(B) affect the designation of new units of special airspace
or the establishment of new flight training routes,
over the lands designated by this Act for inclusion within
new or expanded units of the National Park System or National
Wilderness Preservation System.
(2) Nothing in this Act shall be construed as requiring
revision of existing policies or procedures applicable to the
designation of units of special airspace or the establishment
of flight training routes over any Federal lands affected by
this Act.
(b) Monitoring.--The Secretary of the Interior and the
Secretary of Defense shall monitor the effects of military
overflights on the resources and values of the units of the
National Park System and National Wilderness Preservation
System designated or expanded by this Act, and shall attempt,
consistent with national security needs, to resolve concerns
related to such overflights and to avoid or minimize adverse
impacts on resources and values and visitor safety associated
with such overflight activities.
SEC. 812. TERMINATION OF PRIOR RECLAMATION WITHDRAWALS.
Except to the extent that existing Bureau of Reclamation
withdrawals of public lands were identified for continuation
in Federal Register Notice Document 92-4838 (57 Federal
Register 7599, March 3, 1992), as amended by Federal Register
Correction Notices (57 Federal Register 19135, May 4, 1992;
57 Federal Register 19163, May 4, 1992; and 58 Federal
Register 30181, May 26, 1993), all existing Bureau of
Reclamation withdrawals made by Secretarial Orders and Public
Land Orders affecting public lands and Indian lands located
within the California Desert Conservation Area established
pursuant to section 601 of the Federal Land Policy and
Management Act of 1976 are hereby terminated.
TITLE IX--BUY AMERICAN ACT
SEC. 901. COMPLIANCE WITH BUY AMERICAN ACT.
None of the funds made available in this Act may be
expended in violation of sections 2 through 4 of the Act of
March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the
``Buy American Act''), which are applicable to those funds.
[[Page 1385]]
TITLE X--PROTECTION OF BODIE BOWL
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Bodie Protection Act of
1994''.
SEC. 1002. FINDINGS.
The Congress finds that--
(1) the historic Bodie gold mining district in the State of
California is the site of the largest and best preserved
authentic ghost town in the western United States;
(2) the Bodie Bowl area contains important natural,
historical, and aesthetic resources;
(3) Bodie was designated a National Historical Landmark in
1961 and a California State Historic Park in 1962, is listed
on the National Register of Historic Places, and is included
in the Federal Historic American Buildings Survey;
(4) nearly 200,000 persons visit Bodie each year, providing
the local economy with important annual tourism revenues;
(5) the town of Bodie is threatened by proposals to explore
and extract minerals: mining in the Bodie Bowl area may have
adverse physical and aesthetic impacts on Bodie's historical
integrity, cultural values, and ghosttown character as well
as on its recreational values and the area's flora and fauna;
(6) the California State Legislature, on September 4, 1990,
requested the President and the Congress to direct the
Secretary of the Interior to protect the ghosttown character,
ambience, historic buildings, and scenic attributes of the
town of Bodie and nearby areas;
(7) the California State Legislature also requested the
Secretary, if necessary to protect the Bodie Bowl area, to
withdraw the Federal lands within the area from all forms of
mineral entry and patent;
(8) the National Park Service listed Bodie as a priority
one endangered National Historic Landmark in its fiscal year
1990 and 1991 report to Congress entitled ``Threatened and
Damaged National Historic Landmarks'' and recommended
protection of the Bodie area; and
(9) it is necessary and appropriate to provide that all
Federal lands within the Bodie Bowl area are not subject to
location, entry, and patent under the mining laws of the
United States, subject to valid existing rights, and to
direct the Secretary to consult with the Governor of the
State of California before approving any mining activity plan
within the Bodie Bowl.
SEC. 1003. DEFINITIONS.
For purposes of this title:
(1) The term ``Bodie Bowl'' means the Federal lands and
interests in lands within the area generally depicted on the
map referred to in section 1004(a).
(2) The term ``mineral activities'' means any activity
involving mineral prospecting, exploration, extraction,
milling, beneficiation, processing, and reclamation.
(3) The term ``Secretary'' means the Secretary of the
Interior.
SEC. 1004. APPLICABILITY OF MINERAL MINING, LEASING AND
DISPOSAL LAWS.
(a) Restriction.--Subject to valid existing rights, after
the date of enactment of this title Federal lands and
interests in lands within the area generally depicted on the
map entitled ``Bodie Bowl'' and dated June 12, 1992, shall
not be--
(1) open to the entry or location of mining and mill site
claims under the general mining laws of the United States;
(2) subject to any lease under the Mineral Leasing Act (30
U.S.C. 181 and following) or the Geothermal Steam Act of 1970
(30 U.S.C. 100 and following), for lands within the Bodie
Bowl; and
(3) available for disposal of mineral materials under the
Act of July 31, 1947, com-
monly known as the Materials Act of 1947 (30 U.S.C. 601 and
following).
Such map shall be on file and available for public inspection
in the Office of the Secretary, and appropriate offices of
the Bureau of Land Management and the National Park Service.
As soon as practicable after the date of enactment of this
title, the Secretary shall publish a legal description of the
Bodie Bowl area in the Federal Register.
(b) Valid Existing Rights.--As used in this subsection, the
term ``valid existing rights'' in reference to the general
mining laws means that a mining claim located on lands within
the Bodie Bowl was properly located and maintained under the
general mining laws prior to the date of enactment of this
title, was supported by a discovery of a valuable mineral
deposit within the meaning of the general mining laws on the
date of enactment of this title, and that such claim
continues to be valid.
(c) Validity Review.--The Secretary shall undertake an
expedited program to determine the validity of all unpatented
mining claims located within the Bodie Bowl. The expedited
program shall include an examination of all unpatented mining
claims, including those for which a patent application has
not been filed. If a claim is determined to be invalid, the
Secretary shall promptly declare the claim to be null and
void, except that the Secretary shall not challenge the
validity of any claim located within the Bodie Bowl for the
failure to do assessment work for any period after the date
of enactment of this title. The Secretary shall make a
determination with respect to the validity of each claim
referred to under this subsection within 2 years after the
date of enactment of this title.
(d) Limitation on Patent Issuance.--
(1) Mining claims.--(A) After January 11, 1993, no patent
shall be issued by the United States for any mining claim
located under the general mining laws within the Bodie Bowl
unless the Secretary determines that, for the claim
concerned--
(i) a patent application was filed with the Secretary on or
before such date; and
(ii) all requirements established under sections 2325 and
2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein
or lode claims and sections 2329, 2330, 2331, and 2333 of the
Revised Statutes (30 U.S.C. 35, 36, 37) for placer claims
were fully complied with by that date.
(B) If the Secretary makes the determinations referred to
in subparagraph (A) for any mining claim, the holder of the
claim shall be entitled to the issuance of a patent in the
same manner and degree to which such claim holder would have
been entitled to prior to the enactment of this title, unless
and until such determinations are withdrawn or invalidated by
the Secretary or by a court of the United States.
(2) Mill site claims.--(A) After January 11, 1993, no
patent shall be issued by the United States for any mill site
claim located under the general mining laws within the Bodie
Bowl unless the Secretary determines that, for the claim
concerned--
(i) a patent application was filed with the Secretary on or
before January 11, 1993; and
(ii) all requirements applicable to such patent application
were fully complied with by that date.
(B) If the Secretary makes the determinations referred to
in subparagraph (A) for any mill site claim, the holder of
the claim shall be entitled to the issuance of a patent in
the same manner and degree to which such claim holder would
have been entitled to prior to the enactment of this title,
unless and until such determinations are withdrawn or
invalidated by the Secretary or by a court of the United
States.
SEC. 1005. MINERAL ACTIVITIES.
(a) In General.--Notwithstanding the last sentence of
section 302(b) of the Federal Land Policy and Management Act
of 1976, and in accordance with this title and other
applicable law, the Secretary shall require that mineral
activities be conducted in the Bodie Bowl so as to--
(1) avoid adverse effects on the historic, cultural,
recreational and natural resource values of the Bodie Bowl;
and
(2) minimize other adverse impacts to the environment.
(b) Restoration of Effects of Mining Exploration.--As soon
as possible after the date of enactment of this title,
visible evidence or other effects of mining exploration
activity within the Bodie Bowl conducted on or after
September 1, 1988, shall be reclaimed by the operator in
accordance with regulations prescribed pursuant to subsection
(d).
(c) Annual Expenditures; Filing.--The requirements for
annual expenditures on unpatented mining claims imposed by
Revised Statute 2324 (30 U.S.C. 28) shall not apply to any
such claim located within the Bodie Bowl. In lieu of filing
the affidavit of assessment work referred to under section
314(a)(1) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1744(a)(1)), the holder of any unpatented
mining or mill site claim located within the Bodie Bowl shall
only be required to file the notice of intention to hold the
mining claim referred to in such section 314(a)(1).
(d) Regulations.--The Secretary shall promulgate rules to
implement this section, in consultation with the Governor of
the State of California, within 180 days after the date of
enactment of this title. Such rules shall be no less
stringent than the rules promulgated pursuant to the Act of
September 28, 1976 entitled ``An Act to provide for the
regulation of mining activity within, and to repeal the
application of mining laws to, areas of the National Park
System, and for other purposes'' (Public Law 94-429; 16
U.S.C. 1901-1912).
SEC. 1006. STUDY.
Beginning as soon as possible after the date of enactment
of this title, the Secretary of the Interior shall review
possible actions to preserve the scenic character, historical
integrity, cultural and recreational values, flora and fauna,
and ghost town characteristics of lands and structures within
the Bodie Bowl. No later than 3 years after the date of such
enactment, the Secretary shall submit to the Committee on
Natural Resources of the United States House of
Representatives and the Committee on Energy and Natural
Resources of the United States Senate a report that discusses
the results of such review and makes recommendations as to
which steps (including but not limited to acquisition of
lands or valid mining claims) should be undertaken in order
to achieve these objectives.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. SWIFT, announced that the yeas had it.
Mr. VENTO objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
[[Page 1386]]
Yeas
298
When there appeared
<3-line {>
Nays
128
Para. 84.11 [Roll No. 357]
YEAS--298
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Castle
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Dunn
Durbin
Edwards (CA)
Ehlers
Engel
English
Eshoo
Evans
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Goss
Green
Greenwood
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Holden
Horn
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Klug
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Lewis (GA)
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Mazzoli
McCloskey
McCrery
McCurdy
McDade
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roemer
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Shays
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Walsh
Washington
Waters
Watt
Waxman
Weldon
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Zimmer
NAYS--128
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bilirakis
Bliley
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Chapman
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Edwards (TX)
Emerson
Everett
Ewing
Fields (TX)
Fowler
Gallegly
Gekas
Gingrich
Goodlatte
Goodling
Grams
Grandy
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hoekstra
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kasich
Kim
King
Kingston
Knollenberg
Kolbe
Kyl
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lucas
Manzullo
McCandless
McCollum
McHugh
McInnis
McKeon
McMillan
Mica
Michel
Miller (FL)
Molinari
Moorhead
Myers
Orton
Oxley
Packard
Paxon
Pombo
Quinn
Roberts
Rogers
Rohrabacher
Roth
Royce
Sarpalius
Sensenbrenner
Shaw
Shuster
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stenholm
Stump
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Vucanovich
Walker
Young (AK)
Young (FL)
Zeliff
NOT VOTING--8
Brooks
Gallo
Hoke
Matsui
Nussle
Sharp
Slattery
Wheat
So the bill was passed.
On motion of Mr. MILLER of California, pursuant to House Resolution
422, the bill of the Senate (S. 21) to designate certain lands in the
California Desert as wilderness, to establish Death Valley, Joshua Tree,
and Mojave National Parks, and for other purposes; was taken from the
Speaker's table.
When said bill was considered and read twice.
Mr. MILLER of California, pursuant to the House Resolution 422,
submitted the following amendment, which was agreed to:
Strike out all after the enacting clause and insert the provisions of
H.R. 518, as passed by the House.
The bill, as amended, was ordered to be read a third time, was read a
third time by title, and passed.
By unanimous consent, the title was amended so as to read: ``An Act to
designate certain lands in the California Desert as wilderness, to
establish the Death Valley and Joshua Tree National Parks and the Mojave
National Monument, and for other purposes.''.
A motion to reconsider the votes whereby said bill, as amended, was
passed and the title was amended was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendments.
By unanimous consent, H.R. 518, a similar House bill, was laid on the
table.
Para. 84.12 clerk to correct engrossment
On motion of Mr. MILLER of California, by unanimous consent,
Ordered, That in the engrossment of the foregoing amendment to the
bill, the Clerk be authorized to correct section numbers, punctuation,
cross references, and to make other technical corrections.
Para. 84.13 permission to file conference report
On motion of Ms. KAPTUR, by unanimous consent, the managers on the
part of the House were granted permission until midnight tonight to file
a conference report (Rept. No. 103-624) on the bill (H.R. 4453) making
appropriations for military construciton for the Department of Defense
for the fiscal year ending September 30, 1995, and for other purposes;
together with a statement thereon, for printing in the Record under the
rule.
Para. 84.14 modification of conferees--h.r. 2739
The SPEAKER pro tempore, Mr. WATT, by unanimous consent and pursuant
to clause 6(f) of rule X, announced the following modifications in the
appointment of conferees on the part of the House to the conference with
the Senate on the disagreeing votes of the two Houses on the amendment
of the Senate to the bill (H.R 2739) to amend the Airport and Airway
Improvement Act of 1982 to authorize appropriations for fiscal years
1994, 1995, and 1996, and for other purposes:
From the Committee on Education and Labor, Mr. McKeon is
appointed in lieu of Mr. Goodling for consideration of
section 418 of the Senate amendment and modifications
committed to conference.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 84.15 providing for the consideration of h.r. 2448
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-622) the resolution (H. Res. 491) providing for the
consideration of the bill (H.R. 2448) to improve the accuracy of radon
testing products and services, to increase testing for radon, and for
other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 84.16 providing for the consideration of s. 208
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-623) the resolution (H. Res. 492) providing for the
consideration of the Senate bill (S. 208) to reform the concessions
policies of the National Park Service, and for other purposes.
[[Page 1387]]
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 84.17 senate bills referred
Bills of the Senate of the following titles were taken from the
Speaker's table and, under the rule, referred as follows:
S. 1030. An Act to amend title 38, United States Code, to
improve the Department of Veterans Affairs program of sexual
trauma services for veterans, to improve contain Department
of Veterans Affairs programs for women veterans, to extend
the period of entitlement to inpatient care for veterans
exposed to Agent Orange or ionizing radiation, to establish a
hospice care pilot program, to establish a rural health care
clinics program, to authorize the Secretary of Veterans
Affairs to provide per diem payments and construction grants
to State homes for adult day health care services, to
establish an education debt reduction program, and for other
purposes; to the Committee on Veterans Affairs; and
S. 1146. An Act to provide for the settlement of the water
rights claims of the Yavapai-Prescott Indian Tribe in Yavapai
County, Arizona, and for other purposes; to the Committee on
Natural Resources.
And then,
Para. 84.18 adjournment
On motion of Mr. UNDERWOOD, pursuant to the special order heretofore
agreed to, at 5 o'clock and 10 minutes p.m., the House adjourned until
11 o'clock a.m. on Thursday, July 28, 1994.
Para. 84.19 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. MOAKLEY: Committee on Rules. House Resolution 491.
Resolution providing for consideration of the bill (H.R.
2448) to improve the accuracy of radon testing products and
services, to increase testing for radon, and for other
purposes (Rept. No. 103-622). Referred to the House Calendar.
Mr. BEILENSON: Committee on Rules. House Resolution 492.
Resolution providing for consideration of the bill (S. 208)
to reform the concessions policies of the National Park
Service, and for other purposes (Rept. No. 103-623). Referred
to the House Calendar.
Mr. HEFNER: Committee of Conference. Conference report on
H.R. 4453. A bill making appropriations for military
construction for the Department of Defense for the fiscal
year ending September 30, 1995, and for other purposes (Rept.
No. 103-624). Ordered to be printed.
Para. 84.20 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. CONDIT:
H.R. 4839. A bill to require the Secretary of Agriculture
to issue regulations concerning use of the term ``fresh'' in
the labeling of poultry, and for other purposes; to the
Committee on Agriculture.
By Mr. SAM JOHNSON (for himself, Mr. Doolittle, and Mr.
Hutchinson):
H.R. 4840. A bill to provide for reform of health
insurance, including tax benefits relating to health
insurance and medical malpractice and antitrust reform;
jointly, to the Committees on Energy and Commerce, Education
and Labor, Ways and Means, and the Judiciary.
By Mr. MORAN (for himself, Mr. Stokes, Mr. Dellums, Mr.
Hilliard, Mr. Farr, Mr. Neal of North Carolina, Mr.
Studds, Ms. Pelosi, Mr. Serrano, Mr. Filner, Mr.
Foglietta, Mr. Sanders, Mrs. Maloney, and Mr. Payne
of New Jersey):
H.R. 4841. A bill to establish a fund for various programs
to strengthen and expand the capacity of State and local
governments and other entities to improve the public health;
jointly, to the Committees on Energy and Commerce, Education
and Labor, and Ways and Means.
By Mr. RICHARDSON (for himself and Mr. Thomas of
Wyoming):
H.R. 4842. A bill to specify the terms of contracts entered
into by the United States and Indian tribal organizations
under the Indian Self-Determination and Education Assistance
Act, and for other purposes; to the Committee on Natural
Resources.
By Mr. TORRICELLI:
H.R. 4843. A bill to establish the National Sports Heritage
Commission; jointly, to the Committees on Public Works and
Transportation and House Administration.
By Mr. FAZIO (for himself, Mr. Archer, Mr. Calvert, Mr.
Chapman, Mr. Condit, Mr. Dixon, Mr. Dooley, Mr.
Doolittle, Mr. Dornan, Mr. Edwards of California, Mr.
Gene Green of Texas, Mr. Hayes, Mr. Herger, Mr. Horn
, Mr. Hutchinson, Mr. Lantos, Mr. Lewis of
California, Mr. Moorhead, Mr. Pombo, Mr. Tauzin, Mr.
Thomas of California, Mr. Thornton, Mr. Washington,
Mr. Wilson, and Ms. Woolsey):
H. Con. Res. 274. Concurrent resolution expressing the
sense of the Congress with respect to the announcement of the
Japanese Food Agency that it does not intend to fulfill its
commitment to purchase 75,000 metric tons of United States
rice; to the Committee on Ways and Means.
By Mr. MENENDEZ (for himself, Ms. Velazquez, Mr.
Serrano, Mr. de Lugo, Mr. Pastor, Mr. Diaz-Balart,
Mr. Payne of New Jersey, Ms. Ros-Lehtinen, Mr.
Becerra, Mr. Gutierrez, Mr. de la Garza, Mr. Tejeda,
Mr. Richardson, Mr. McDermott, Mr. Washington, Mr.
Romero-Barcelo, Mr. Owens, Mr. Clyburn, Mr. Filner,
Mr. Scott, Mr. Foglietta, Ms. Eddie Bernice Johnson
of Texas, Mr. Olver, Mr. Lehman, Mrs. Mink of Hawaii,
Mr. Frost, and Mr. Klein):
H. Res. 493. Resolution expressing the sense of the House
of Representatives with respect to health care reform and
essential community providers; jointly, to the Committees on
Energy and Commerce and Ways and Means.
Para. 84.21 memorials
Under clause 4 of rule XXII,
455. The SPEAKER presented a memorial of the Senate of the
State of Louisiana, relative to memorializing the Congress of
the United States to propose an amendment to the Constitution
of the United States which would provide that no Federal tax
shall be imposed for the period before the date of the
enactment of the tax; which was referred to the Committee on
the Judiciary.
Para. 84.22 private bills and resolutions
Under clause 1 of rule XXII, private bills and resolutions were
introduced and severally referred as follows:
By Mr. SLATTERY:
H.R. 4844. A bill for the relief of Gulnur Akbal Walmsley;
to the Committee on the Judiciary.
By Mr. YOUNG of Florida:
H.R. 4845. A bill to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
for the vessel Broken Promise; to the Committee on Merchant
Marine and Fisheries.
Para. 84.23 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 163: Mr. Canady.
H.R. 193: Mr. Bilirakis, Mr. Boehner, Mr. Callahan, Mr.
Cox, Mr. Hefley, Mr. Kyl, Mr. Machtley, Mr. McCrery, Mrs.
Meyers of Kansas, Mr. Rohrabacher, Mr. Roth, and Mr.
Traficant.
H.R. 654: Mr. Horn, Mr. Hutchinson, Mr. Johnson of South
Dakota, and Mr. Sabo.
H.R. 723: Mr. Cooper.
H.R. 746: Mr. Sisisky.
H.R. 1146: Ms. Schenk and Mr. Coppersmith.
H.R. 1277: Mrs. Vucanovich.
H.R. 1482: Ms. Schenk and Mr. Coppersmith.
H.R. 1483: Mr. Coppersmith.
H.R. 1852: Mr. Coppersmith.
H.R. 1859: Mr. Coppersmith.
H.R. 1860: Mr. Schaefer.
H.R. 2420: Mr. Lucas.
H.R. 2484: Mr. Olver.
H.R. 2672: Mr. Shuster.
H.R. 2727: Ms. Velazquez.
H.R. 2882: Mr. Cox.
H.R. 2898: Mr. Clay.
H.R. 3283: Mr. Coppersmith.
H.R. 3434: Mr. Torricelli.
H.R. 3779: Mr. Coppersmith.
H.R. 3906: Mr. McCloskey, Mr. Oxley, Mr. Leach, Mr.
Skelton, Ms. Velazquez, Mr. Hoekstra, Mr. Levin, and Mr.
Synar.
H.R. 3913: Mr. Canady.
H.R. 3947: Mr. Hilliard, Ms. Velazquez, Mr. Owens, Mr.
Evans, Mr. Ortiz, and Mr. Lehman.
H.R. 4036: Mr. Coppersmith.
H.R. 4050: Mr. Vento and Mr. Yates.
H.R. 4051: Mr. Fazio, Ms. Pelosi, and Mr. Edwards of
California.
H.R. 4162: Mr. Stupak, Mr. Hastings, and Mr. Johnson of
South Dakota.
H.R. 4232: Ms. Collins of Michigan and Mr. Hastings.
H.R. 4260: Mr. Gilman, Mr. Yates, and Mr. Markey.
H.R. 4289: Mr. Vento and Mr. Edwards of California.
H.R. 4291: Mr. Thompson, Mr. Sabo, Mr. Jefferson, Mr.
Bonior, and Ms. Pelosi.
H.R. 4318: Mr. Matsui.
H.R. 4345: Mr. Foglietta.
H.R. 4399: Ms. Shepherd and Ms. Long.
H.R. 4507: Mr. Wise.
H.R. 4590: Mr. Horn, Mr. Hefley, Mr. Stupak, Mr. Lancaster,
Mr. Schiff, Mr. Condit, Mr. Porter, Mr. Wynn, Mr. Cox, Mr.
Goodling, Mr. Sanders, and Mr. Hyde.
H.R. 4826: Mr. Skeen and Mr. Young of Alaska.
H.R. 4827: Mr. Petri.
H.J. Res. 338: Mr. Barlow, Ms. Snowe, Mr. Sarpalius, Mr.
Price of North Carolina, and Mr. Hall of Texas.
H.J. Res. 369: Mr. Castle, Mr. Buyer, Mr. Clay, Mr. Kim,
Mr. Moorhead, Ms. Molinari, Mr. Wise, Mr. Saxton, Mr. Skeen,
Mr. Livingston, Mr. Tauzin, Mr. Flake, Mr. Mazzoli, Mr.
Kanjorski, Mr. Oxley, Mr. Dreier, and Mrs. Fowler.
H. Con. Res. 148: Mr. Shaw and Mr. Minge.
H. Con. Res. 223: Mr. Dickey, Mr. Faleomavaega, and Mrs.
Mink of Hawaii.
[[Page 1388]]
H. Con. Res. 233: Mr. Hall of Ohio, Ms. Slaughter, Mr.
Vento, Mr. Andrews of Maine, Mr. Berman, Mr. Kennedy, Mrs.
Mink of Hawaii, Ms. Velazquez, Mr. Cardin, Mr. Neal of North
Carolina, Mr. Watt, Mr. Machtley, Mr. Wyden, Mr. Traficant,
Mr. Synar, Mr. Payne of New Jersey, Mr. Ackerman, Mr.
Kreidler, Mr. Scott, Mr. McHale, Mr. Brown of California, Ms.
Eddie Bernice Johnson of Texas, Ms. Eshoo, Mrs. Collins of
Illinois, Mrs. Kennelly, Mrs. Meek of Florida, and Mr. Coyne.
H. Con. Res. 247: Mr. Clay, Mr. Gallegly, Mr. Bliley, Mr.
Price of North Carolina, Mr. Owens, Mrs. Thurman, Mrs. Byrne,
Mr. Baker of California, and Ms. Shepherd.
H. Con. Res. 270: Mr. Stearns, Mr. Doolittle, Mr. Emerson,
Mr. Dornan, Mr. Fields of Texas, Mr. Horn, Mr. Ramstad, Mr.
Manzullo, Mr. Santorum, Mr. Sam Johnson, Mr. Saxton, Mr.
Kolbe, Mr. Bilirakis, and Mr. Solomon.
H. Res. 270: Mr. Linder.
H. Res. 430: Mr. Rangel, Mr. Price of North Carolina, Mr.
McNulty, Mr. Royce, and Mr. Frost.
H. Res. 432: Mr. Bryant, Mr. Coleman, Ms. Kaptur, Mr.
Hinchey, Mr. Gejdenson, and Ms. Furse.
H. Res. 485: Mr. Cox, Mr. Stearns, and Ms. Dunn.
Para. 84.24 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 4675: Mr. Lewis of Florida.
.
THURSDAY, JULY 28, 1994 (85)
The House was called to order by the SPEAKER.
Para. 85.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Wednesday, July 27, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 85.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3579. A letter from the Acting Director, Office of
Management and Budget, transmitting a draft of proposed
legislation entitled, the ``Federal Acquisition Labor Law
Improvement Act of 1994''; to the Committee on Education and
Labor.
3580. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a copy of
Presidential Determination No. 94-35, authorizing the
furnishing of assistance from the Emergency Refuge and
Migration Assistance Fund for unexpected urgent needs of
Rwanda and Burundi migrants, pursuant to 22 U.S.C.
2601(c)(3); to the Committee on Foreign Affairs.
3581. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting copies of the original
report of political contributions by James W. Swihart, of
Virginia, to be Ambassador to the Republic of Lithuania, and
members of his family, pursuant to 22 U.S.C. 3944(b)(2); to
the Committee on Foreign Affairs.
3582. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the fiscal year
1992 report on the Foreign Service Retirement and Disability
System and the Foreign Service Pension System, pursuant to 31
U.S.C. 9503(a)(1)(B); to the Committee on Government
Operations.
3583. A letter from the Secretary of Energy, transmitting
the Department's first annual report entitled, ``Report to
Congress on Procurement and Identification of Energy
Efficient Products,'' for Federal agencies, pursuant to
section 161(d) of the Energy Policy Act of 1992; jointly, to
the Committees on Energy and Commerce, Public Works and
Transportation, and Armed Services.
Para. 85.3 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate disagreed to the amendment of the House to the bill (S.
2182) ``An Act to authorize appropriations for fiscal year 1995 for
military activities of the Department of Defense, for military
construction, and for defense programs of the Department of Energy, to
prescribe personnel strengths for such fiscal year for the Armed Forces,
and for other purposes,'' agreed to the conference asked for by the
House on the disagreeing votes of the two Houses thereon, and appointed
Mr. Nunn, Mr. Exon, Mr. Levin, Mr. Kennedy, Mr. Bingaman, Mr. Glenn, Mr.
Shelby, Mr. Byrd, Mr. Graham, Mr. Robb, Mr. Lieberman, Mr. Bryan, Mr.
Thurmond, Mr. Warner, Mr. Cohen, Mr. McCain, Mr. Lott, Mr. Coats, Mr.
Smith, Mr. Kempthorne, Mr. Faircloth, and Mrs. Hutchison, to be the
conferees on the part of the Senate.
Para. 85.4 district of columbia appropriations
On motion of Mr. DIXON, by unanimous consent, the bill (H.R. 4649)
making appropriations for the government of the District of Columbia and
other activities chargeable in whole or in part against the revenues of
said District for the fiscal year ending September 30, 1995, and for
other purposes; together with the amendments of the Senate thereto, was
taken from the Speaker's table.
When on motion of Mr. DIXON, it was,
Resolved, That the House disagree to the amendments of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Ordered, That the Clerk notify the Senate thereof.
Para. 85.5 motion to instruct conferees--h.r. 4649
Mr. WALSH moved that the managers on the part of the House at the
conference on the disagreeing votes of the two Houses on H.R. 4649, be
instructed to insist on the House position on amendment numbered 16,
reducing the D.C. budget by $150 million.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mrs. KENNELLY, announced that the nays had
it.
Mr. WALSH objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
316
When there appeared
<3-line {>
Nays
101
Para. 85.6 [Roll No. 358]
YEAS--316
Allard
Andrews (ME)
Andrews (NJ)
Applegate
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Brewster
Brooks
Browder
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Castle
Clement
Clinger
Coble
Coleman
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dooley
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
English
Eshoo
Everett
Ewing
Fawell
Fields (TX)
Fingerhut
Fish
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hefley
Hefner
Herger
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Johnson (GA)
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
Lambert
Lancaster
LaRocco
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Martinez
Mazzoli
McCandless
McCollum
McCrery
McCurdy
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meehan
Menendez
Meyers
Mica
Michel
Miller (CA)
Miller (FL)
Minge
Moakley
Molinari
Montgomery
Moorhead
Moran
Morella
Murphy
Myers
Neal (MA)
Neal (NC)
Nussle
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Paxon
Payne (NJ)
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Rowland
Royce
Sangmeister
Santorum
Sarpalius
[[Page 1389]]
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Sensenbrenner
Shaw
Shays
Shepherd
Shuster
Sisisky
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Strickland
Stump
Stupak
Swett
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thornton
Thurman
Torkildsen
Torricelli
Traficant
Upton
Valentine
Volkmer
Vucanovich
Walker
Walsh
Weldon
Williams
Wilson
Wise
Wolf
Wyden
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--101
Abercrombie
Ackerman
Bacchus (FL)
Becerra
Beilenson
Berman
Bishop
Blackwell
Bonior
Borski
Boucher
Brown (CA)
Brown (FL)
Cardin
Clay
Clayton
Clyburn
Collins (IL)
Collins (MI)
Conyers
Coyne
Dellums
Dixon
Durbin
Edwards (CA)
Engel
Evans
Farr
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Gephardt
Gibbons
Gonzalez
Gutierrez
Hamburg
Hastings
Hilliard
Hinchey
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Kennelly
Kopetski
LaFalce
Lantos
Lewis (GA)
Markey
Matsui
McCloskey
McDermott
McKinney
Meek
Mfume
Mineta
Mink
Mollohan
Murtha
Nadler
Oberstar
Obey
Olver
Owens
Pastor
Pelosi
Reynolds
Richardson
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Scott
Serrano
Sharp
Skaggs
Stark
Stokes
Studds
Swift
Thompson
Torres
Towns
Tucker
Unsoeld
Velazquez
Vento
Visclosky
Waters
Watt
Waxman
Whitten
Woolsey
Wynn
Yates
NOT VOTING--17
Andrews (TX)
Carr
Chapman
Doolittle
Gallo
Grandy
Hayes
Hoyer
Klein
Laughlin
Margolies-Mezvinsky
McDade
Rangel
Slattery
Sundquist
Washington
Wheat
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
Para. 85.7 appointment of conferees--h.r.4649
Thereupon, the SPEAKER pro tempore, Mrs. KENNELLY, by unanimous
consent, announced the appointment of Messrs. Dixon, Stokes, Durbin, Ms.
Kaptur, Skaggs, Ms. Pelosi, Obey, Walsh, Istook, Bonilla, and McDade as
managers on the part of the House at said conference.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 85.8 foreign aid appropriations
On motion of Mr. OBEY, by unanimous consent, the bill (H.R. 4426)
making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 1995; together
with the amendments of the Senate thereto, was taken from the Speaker's
table.
When on motion of Mr. OBEY, it was,
Resolved, That the House disagree to the amendments of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Ordered, That the Clerk notify the Senate thereof.
Para. 85.9 motion to instruct conferees--h.r. 4426
Mr. LIVINGSTON moved that the managers on the part of the House at the
conference on the disagreeing votes of the two Houses on H.R. 4426, be
instructed to insist on the House position on the Senate amendment
numbered 2 concerning the Global Environment Facility.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mrs. SCHROEDER, announced that the yeas had
it.
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
Para. 85.10 appointment of conferees--h.r. 4426
Thereupon, the SPEAKER pro tempore, Mrs. SCHROEDER, by unanimous
consent, announced the appointment of Messrs. Obey, Yates, Wilson,
Olver, Ms. Pelosi, Torres, Mrs. Lowey, Serrano, Sabo, Livingston,
Porter, Lightfoot, Callahan, and McDade as managers on the part of the
House at said conference.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 85.11 providing for the consideration of h.r. 2448
Mr. MOAKLEY, by direction of the Committee on Rules, called up the
following resolution (H. Res. 491):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 2448) to improve the accuracy of radon testing
products and services, to increase testing for radon, and for
other purposes. The first reading of the bill shall be
dispensed with. General debate shall be confined to the bill
and shall not exceed one hour equally divided and controlled
by the chairman and ranking minority member of the Committee
on Energy and Commerce. After general debate the bill shall
be considered for amendment under the five-minute rule. It
shall be in order to consider as an original bill for the
purpose of amendment under the five-minute rule the amendment
in the nature of a substitute recommended by the Committee on
Energy and Commerce now printed in the bill. Each section of
the committee amendment in the nature of substitute shall be
considered as read. At the conclusion of consideration of the
bill for amendment the Committee shall rise and report the
bill to the House with such amendments as may have been
adopted. Any Member may demand a separate vote in the House
on any amendment adopted in the Committee on the Whole to the
bill or to the committee amendment in the nature of a
substitute. The previous question shall be considered as
ordered on the bill and amendments thereto to final passage
without intervening motion except one motion to recommit with
or without instructions.
When said resolution was considered.
After debate,
On motion of Mr. MOAKLEY, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 85.12 radon awareness and disclosure
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to House Resolution
491 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the consideration of the
bill (H.R. 2448) to improve the accuracy of radon testing products and
services, to increase testing for radon, and for other purposes.
The SPEAKER pro tempore, Mr. MONTGOMERY, by unanimous consent,
designated Mrs. SCHROEDER, as Chairman of the Committee of the Whole;
and after some time spent therein,
Para. 85.13 call in committee
Mrs. SCHROEDER, Chairman, announced that the Committee, having had
under consideration said bill, finding itself without a quorum, directed
the Members to record their presence by electronic device, and the
following-named Members responded--
Para. 85.14 [Roll No. 359]
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
[[Page 1390]]
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Faleomavaega (AS)
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Furse
Gallegly
Gallo
Gejdenson
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCollum
McCrery
McCurdy
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Zeliff
Zimmer
Thereupon, Mrs. SCHROEDER, Chairman, announced that 415 Members had
been recorded, a quorum.
The Committee resumed its business.
Para. 85.15 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendments en bloc submitted by Mr. OXLEY:
Page 15, strike line 13 and all that follows down through
line 9 on page 17.
Page 17, line 10, strike ``(b)'' and insert ``(a)''.
Page 18, line 11, after the period insert: ``The
Administrator shall implement a program to distribute the
pamphlet to high radon areas and shall coordinate with the
President's Commission on Radon Awareness established under
section 15 of the Radon Awareness and Disclosure Act of 1994
with organizations in the real estate and building
construction industry and with State and local governments to
achieve the broad dissemination of the pamphlet in such areas
and in other areas deemed appropriate by the
Administrator.''.
Page 18, strike line 12 and all that follows down through
line 6 on page 20.
conforming amendment
Page 9, strike lines 3 and 4 and insert:
``(5) Penalties for Violations.--
``(A) Civil liability.--Any person who knowingly violates
the provisions of this section shall be jointly and severally
liable to the purchaser in an amount equal to the reasonable
costs of radon mitigation incurred by such person at the
vulnerable premises.
``(B) Costs.--In any civil action brought for damages
pursuant to subparagraph (A), the appropriate court may award
court costs to any prevailing or substantially prevailing
party, together with reasonable attorney fees and any expert
witness fees.
``(C) Limitation on penalty amount.--For purposes of
applying civil penalties under section 16 in the case of any
violation of this section by a seller, the maximum penalty
applicable under section 16 shall be $2,000. For purposes of
applying such penalties to any such violation, the second
sentence of section 16(a)(1) shall not apply.
``(D) Exemption from criminal penalties and citizens
suits.--No criminal penalties shall be imposed under section
16(b) for any violation of this section and no action may be
brought under section 20(a)(1) for any such violation.
It was decided in the
Yeas
193
<3-line {>
negative
Nays
227
Para. 85.16 [Roll No. 360]
AYES--193
Allard
Applegate
Archer
Armey
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barlow
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chapman
Clinger
Coble
Collins (GA)
Combest
Condit
Cox
Crane
Crapo
Cunningham
Danner
DeLay
Derrick
Diaz-Balart
Dickey
Dooley
Doolittle
Dornan
Duncan
Dunn
Emerson
Everett
Ewing
Fields (TX)
Fowler
Franks (NJ)
Gallegly
Gallo
Gekas
Gillmor
Gingrich
Glickman
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Hunter
Hutchinson
Hutto
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Johnston
Kanjorski
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
LaFalce
Lancaster
Lazio
Leach
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lucas
Machtley
Manzullo
Mazzoli
McCandless
McCollum
McCrery
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Miller (FL)
Minge
Molinari
Moorhead
Murphy
Myers
Neal (NC)
Nussle
Orton
Oxley
Packard
Paxon
Penny
Peterson (MN)
Petri
Pickett
Pombo
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (IA)
Smith (MI)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stenholm
Stump
Talent
Tanner
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Underwood (GU)
Upton
Valentine
Volkmer
Vucanovich
Walker
Walsh
Weldon
Williams
Wilson
Wolf
Young (AK)
Zeliff
Zimmer
NOES--227
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Barca
Barcia
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Cooper
Coppersmith
Costello
Coyne
Cramer
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Harman
Hastert
Hastings
Hefner
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Huffington
Hughes
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
Lambert
Lantos
LaRocco
Levin
Lewis (GA)
Lloyd
Long
Lowey
Maloney
Mann
Manton
Markey
Martinez
Matsui
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murtha
Nadler
Neal (MA)
Norton (DC)
[[Page 1391]]
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickle
Pomeroy
Porter
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Romero-Barcelo (PR)
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Skaggs
Slaughter
Smith (NJ)
Snowe
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Velazquez
Vento
Visclosky
Waters
Watt
Waxman
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--19
Bachus (AL)
Carr
Conyers
Dreier
Fish
Gilchrest
Hayes
Hilliard
Inhofe
Laughlin
Margolies-Mezvinsky
McDade
Michel
Slattery
Sundquist
Washington
Wheat
Whitten
Young (FL)
So the amendments en bloc were not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. WISE, assumed the Chair.
When Mrs. SCHROEDER, Chairman, pursuant to House Resolution 491,
reported the bill back to the House with an amendment adopted by the
Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Radon Awareness and
Disclosure Act of 1994''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Environmental Protection Agency has determined that
radon is second only to smoking as the leading cause of lung
cancer, resulting in an estimated 7,000 to 30,000 deaths each
year.
(2) Testing for elevated levels of radon is relatively
simple and inexpensive.
(3) There is not an adequate effort by Federal agencies to
encourage testing for radon.
(4) Efforts to encourage testing have had limited results,
reaching only a small percentage of homes to date.
(5) The lack of a mandatory certification process leads to
inaccurate radon testing, ineffective radon mitigation,
erosion of public confidence in the industry, and a waste of
consumer investment.
(6) Increased public awareness of the dangers of radon gas
and the means to mitigate its effects will lead to more
informed decision making and a more productive use of
resources.
SEC. 3. DEFINITIONS.
Section 302 of the Toxic Substances Control Act (15 U.S.C.
2662) is amended by adding the following at the end thereof:
``(5) The term `vulnerable premises' means any frequently
occupied space below the third floor of any building (other
than a building used for industrial purposes).
``(6) The term `high radon area' means any county
designated by the Administrator as having a predicted average
indoor screening level for radon greater than 4 pCi/L, using
the methodology described by the Environmental Protection
Agency in the report entitled `Map of Radon Zones: National
Report (December 3, 1993)', including any amendments or
revisions thereto.''.
SEC. 4. NEW CONSTRUCTION.
Section 304 of the Toxic Substances Control Act (15 U.S.C.
2664) is amended as follows:
(1) By striking the section heading thereof and inserting
``new construction.''.
(2) By inserting ``(a) Model Standards and Techniques.--''
before the first sentence and striking the last 2 sentences.
(3) By adding the following at the end:
``(b) Finalization of Model Standards.--Not later than 3
months after enactment of this subsection, the Administrator
shall promulgate model construction standards for controlling
radon levels in new vulnerable premises which are located in
high radon areas and which are covered by the model standards
published by the Administrator on March 21, 1994 (59 Fed.
Reg. 13402). Not later than 2 years after the enactment of
this subsection, the Administrator shall promulgate model
construction standards for controlling radon levels in new
vulnerable premises which are located in high radon areas and
which are not covered by such proposed model standards. The
model standards shall achieve significant radon risk
reduction and be technologically achievable and readily
implementable. The Administrator may, where appropriate,
promulgate model standards for controlling radon levels in
new vulnerable premises in other areas designated by the
Administrator.
``(c) Promotion of Code and State Adoption.--(1) The
Administrator shall work to ensure that organizations
responsible for developing national model codes for new
vulnerable premises adopt, and State and local authorities
which regulate construction of new vulnerable premises adopt
and enforce, the model construction standards promulgated
under subsection (b).
``(2) If the Administrator determines that an organization
responsible for developing national model codes for new
vulnerable premises has adopted standards for controlling
radon levels in new vulnerable premises that are at least as
protective of human health and the environment as the model
construction standards promulgated under subsection (b), such
standards shall be certified as equivalent to the model
construction standards promulgated under subsection (b).
``(3) At the same time that the Administrator promulgates
model construction standards under subsection (b), the
Administrator shall publish a pamphlet that describes the
standards and their costs and benefits. The Administrator
shall work with interested parties to achieve the broad
distribution of the pamphlet. Such distribution may be
coordinated with the distribution of the pamphlet distributed
under section 310.
``(d) Incentive for Voluntary Compliance.--(1) In addition
to the disclosure requirements of section 310, the following
disclosure requirements shall apply to sales of new buildings
(or any portion thereof) with vulnerable premises in high
radon areas, or other designated areas, covered by model
construction standards promulgated under subsection (b):
``(A) Any person who sells such a new vulnerable premises
shall, prior to the signing of a sales contract--
``(i) provide the purchaser with the pamphlet on radon
prevention in construction published under paragraph (3) of
subsection (c),
``(ii) inform the purchaser in writing that the premises
are located in a high radon area (or other area designated
under subsection (b)) and that the Administrator recommends
that such premises be constructed in compliance with the
model construction standards promulgated under subsection (b)
or other construction standards certified as equivalent to
such standards under subsection (c)(2), and
``(iii) accurately disclose in writing to the purchaser
whether the premises have been, or will be, constructed in
compliance with such model construction standards or other
construction standards certified as equivalent to such
standards under subsection (c)(2).
``(B) The radon warning statement under section 310
included in any contract for purchase and sale of any such
new vulnerable premises shall include an acknowledgement
signed by the purchaser that the purchaser has--
``(i) received the pamphlet on radon prevention in
construction published under paragraph (3) of subsection (c),
``(ii) been informed in writing that the premises are
located in a high radon area (or other area designated under
subsection (b)) and that the Administrator recommends that
such premises be constructed in compliance with the model
construction standards promulgated under subsection (b) or
other construction standards certified as equivalent to such
standards under subsection (c)(2), and
``(iii) received a written disclosure indicating whether
the premises has been, or will be, constructed in compliance
with such model construction standards or other construction
standards certified as equivalent to such standards under
subsection (c)(2).
``(2) If the Administrator determines that a State or local
authority which regulates construction of new vulnerable
premises in a high radon area (or other area designated under
subsection (b)) has adopted and is enforcing in such area
either the model construction standards promulgated under
subsection (b) or other standards for controlling radon
levels in new vulnerable premises that are at least as
protective of human health and the environment as such model
standards, any person who constructs a new vulnerable
premises in such area after such determination shall be
exempt from the disclosure requirements of paragraph (1). Any
State or local authority may submit to the Administrator
State or local standards for controlling radon levels in new
vulnerable premises. The Administrator shall determine within
60 days after the date of such submission whether such
standards are as protective of human health and the
environment as the model standards.
``(3) The requirements of this subsection shall take effect
on the later of (A) the date 31 months after promulgation of
the model construction standards under subsection (b)
covering the new vulnerable premises concerned, or (B) the
effective date of the requirements under section 310. Six
months before the requirements of this subsection take effect
in a high radon area (or other area designated under
subsection (b)), the Administrator shall provide notice of
such requirements to the State in which such area is located.
``(4) Not later than 1 year prior to the effective date
established in paragraph (3), the Administrator shall, after
notice and opportunity for comment, publish a list of the
areas to which the model construction standards concerned are
applicable, together with a map of all such areas.
``(5) A violation of this subsection shall be considered a
violation of section 310.
``(e) Report to Congress.--Not later than 5 years after the
date of enactment of this subsection, the Administrator shall
report to Congress on the extent to which State and
[[Page 1392]]
local authorities which regulate construction of new
vulnerable premises have adopted and are enforcing the model
construction standards promulgated under subsection (b), and
new vulnerable premises are being constructed in compliance
with such standards. Such report shall contain a list of
State and local authorities in areas covered by model
standards which have adopted and are enforcing such standards
and a list of those which have not adopted or are not
enforcing such standards. Such report shall identify any
obstacles that may exist to--
``(1) adoption and enforcement by such State and local
authorities of such model construction standards, and
``(2) construction in compliance with such model
construction standards,
and shall make recommendations for overcoming such obstacles.
``(f) Guidance for Certain Premises.--Not later than 2
years after the enactment of this subsection, the
Administrator shall promulgate guidance for measuring and
mitigating radon levels in existing vulnerable premises not
covered by the proposed model standards published by the
Administrator on April 12, 1993 (58 Fed. Reg. 19097).
``(g) Other Disclosure Requirements.--The Administrator may
consolidate the requirements applicable under this section
with the disclosure requirements applicable under other
authority of law.
``(h) Validity of Contracts and Liens.--Nothing in this
section shall affect the validity or enforceability of any
sale or contract for the purchase and sale or lease of any
interest in real property or any loan, loan agreement,
mortgage, or lien made or arising in connection with a
mortgage loan, nor shall anything in this section create a
defect in title.''.
SEC. 5. AMENDMENTS TO SECTION 306 OF TSCA.
Section 306 of the Toxic Substances Control Act (15 U.S.C.
2666) is amended as follows:
(1) In subsection (e), by striking ``In the event that
State applications for funds exceed the total funds available
in a fiscal year, the'' and inserting ``The''.
(2) By amending subsection (e) to add the following new
paragraph at the end thereof:
``(5) The potential for the activity or project to advance
the strategy developed under section 316 (relating to
strategy to identify and reduce exceptionally high indoor
radon levels).''.
(3) In subsection (f), strike ``in the third year'' and
insert ``thereafter''.
(4) In subsection (g) by inserting ``(1)'' before the first
sentence thereof and by adding the following at the end
thereof:
``(2) The Administrator may set aside a percentage of the
grants made to States under this section to be paid by such
States to local governments in high radon areas. Such amounts
shall be used for eligible activities under subsection (c).
In the case of any State not receiving a grant under this
section, the Administrator may make grants directly to local
governments in such State for such purposes. Subsection (f)
shall not apply to any grant to a local government described
in the preceding sentence or to any portion of a grant to a
State under this section which is paid to a local government
as provided in this paragraph.''.
SEC. 6. PERFORMANCE PROGRAM FOR RADON PRODUCTS AND SERVICES.
Section 309 of the Toxic Substances Control Act (15 U.S.C
2669) is amended to read as follows:
``SEC. 309. PERFORMANCE AND PROFICIENCY PROGRAM FOR RADON
PRODUCTS AND SERVICES.
``(a) Performance and Proficiency Program.--(1) Within one
year after the enactment of the Radon Awareness and
Disclosure Act of 1994, the Administrator shall promulgate
regulations establishing a program to require each of the
following--
``(A) Any product for the measurement of radon shall meet
performance criteria that insure the effectiveness of such
product.
``(B) Any person offering a service to the public for the
measurement or mitigation of radon shall meet a level of
proficiency that insures the effectiveness of such service.
Effective on the date 2 years after the enactment of the
Radon Awareness and Disclosure Act of 1994, no person may
introduce into commerce any product for the measurement of
radon unless such product meets the performance criteria
established under subparagraph (A) and no person may offer a
service to the public for the measurement or mitigation of
radon unless such person meets the level of proficiency
established under subparagraph (B).
``(2) The program established as provided in paragraph (1)
shall include each of the following--
``(A) Procedures for ordering the recall of any product
introduced in commerce for the measurement of radon which
does not meet the performance criteria established under
paragraph (1)(A).
``(B) Procedures for ordering the discontinuance of any
service offered to the public for the measurement or
mitigation of radon which does not meet the levels of
proficiency established under paragraph (1)(B).
``(C) Procedures for establishing adequate quality
assurance requirements for each radon measurement product
introduced into commerce and for each radon measurement or
mitigation service offered to the public.
``(b) Effectiveness of Products; Public Awareness.--The
Administrator shall develop and make each of the following
available to the public:
``(1) A list of all radon measurement products which meet
minimum performance criteria under paragraph (1)(A) of
subsection (a).
``(2) A summary of current radon measurement and mitigation
methods and products. Such summary shall include information
about the accuracy, effectiveness, cost, and resistance to
tampering of such products and methods.
``(c) User Fee.--(1) Within one year after the enactment of
the Radon Awareness and Disclosure Act of 1994, the
Administrator shall promulgate rules imposing user fees on
persons who manufacture or import any product described in
subsection (a)(1)(A) and for persons who offer any service
described in subsection (a)(1)(B). The amount of such fees
shall be designed to cover the annual operating costs of the
Environmental Protection Agency in carrying out the program
established under subsection (a), except that the
Administrator may reduce the amount of such fees during the
first 3 fiscal years after the promulgation of regulations
under subsection (a) in order to promote the availability of
radon measurement and mitigation products and services. Such
fees shall be structured such that any person's liability for
such fees is reasonably based on the proportion of the
program's operating costs that relate to such person, and
such person's liability for such fees shall not be based on
the income of such person.
``(2) The fee established under paragraph (1) shall not
apply with respect to persons who are employees of public and
nonprofit child care facilities, schools, hospitals, nursing
homes, or other care facilities and who are providing
services described in subsection (a)(1)(B) at such
facilities.
``(d) Use of Funds.--Amounts received for user fees under
subsection (c) shall be deposited in a Radon Service Account
established in the Treasury of the United States for use by
the Administrator, to the extent provided in appropriations
Acts, in carrying out the program established under
subsection (a).''.
SEC. 7. DISCLOSURE OF INFORMATION CONCERNING RADON.
Section 310 of the Toxic Substances Control Act (15 U.S.C.
2670) is amended to read as follows:
``SEC. 310. DISCLOSURE OF INFORMATION CONCERNING RADON.
``(a) Disclosure in Purchase and Sale or Lease.--
``(1) Radon.--Not later than 1 year after the enactment of
this section, the Administrator shall promulgate regulations
providing for the disclosure of radon in vulnerable premises
whenever any such premises is offered for sale or lease. The
regulations shall require that, prior to the signing of a
sales contract or lease, the seller or lessor shall--
``(A) provide the purchaser or lessee with a radon hazard
information pamphlet as prescribed in subsection (b); and
``(B) disclose to the purchaser or lessee the presence of
any known radon measurement report prepared for, or received
by, the seller or lessor and any known radon mitigation
systems in the vulnerable premises concerned.
``(2) Contract for purchase and sale.--Regulations
promulgated under this section shall provide that every
contract for the purchase and sale of any vulnerable premises
shall include a Radon Warning Statement with an
acknowledgement signed by the purchaser that the purchaser
has--
``(A) read the Radon Warning Statement;
``(B) received a radon hazard information pamphlet; and
``(C)(i) requested and been provided with the opportunity
to conduct a test of the premises for radon, on terms and
conditions mutually agreeable to purchaser and seller, or
``(ii) agreed to purchase the premises without further
testing of the premises for radon.
The acknowledgement shall identify which option (clause (i)
or (ii)) the purchaser has agreed to.
``(3) Contents of radon warning statement.--The Radon
Warning Statement referred to in this section shall contain
the following text printed in large type on a separate sheet
of paper attached to the contract:
`The U.S. Surgeon General has determined that prolonged
exposure to radon can be a serious health hazard. Testing
is available to detect the presence of radon. The seller
is required to provide the buyer with any information on
radon from tests in the seller's possession and notify
the buyer of any radon mitigation systems.'.
``(4) Compliance assurance.--Whenever a seller or lessor
has entered into a contract with an agent for the purpose of
selling or leasing a vulnerable premises, the regulations
promulgated under this section shall require the agent, on
behalf of the seller or lessor, to ensure compliance with the
requirements of this section.
``(b) Radon Hazard Information Pamphlet.--Not later than 1
year after the enactment of this section, and after notice
and opportunity for comment, the Administrator shall publish
a radon hazard information pamphlet. The pamphlet shall, at a
minimum--
``(1) describe the prevalence and risks of radon exposure
at different levels;
``(2) provide information evaluating products and services
for the measurement and mitigation of radon;
``(3) advise persons as to how to obtain a list of products
for the measurement of radon which meet the performance
criteria
[[Page 1393]]
established under section 309(a)(1) and a list of persons
providing radon measurement or mitigation services who meet
the proficiency levels established under section 309(a)(1);
``(4) explain that a prospective buyer or lessee has a
right to negotiate an opportunity to conduct a test of the
premises to detect radon; and
``(5) state that the Administrator recommends that buyers
and lessees ascertain the radon level of any vulnerable
premises to be purchased or leased.
The Administrator shall from time to time review and revise
such pamphlet.
``(c) Penalties for Violations.--
``(1) Civil liability.--Any person who knowingly violates
the provisions of this section shall be jointly and severally
liable to the purchaser or lessee in an amount equal to the
reasonable costs of radon mitigation incurred by such person
at the vulnerable premises.
``(2) Costs.--In any civil action brought for damages
pursuant to paragraph (1), the appropriate court may award
court costs to any prevailing or substantially prevailing
party, together with reasonable attorney fees and any expert
witness fees.
``(3) Limitation on penalty amount.--For purposes of
applying civil penalties under section 16 in the case of any
violation of this section by a seller or lessor, the maximum
penalty applicable under section 16 shall be $2,000 in the
case of a seller and an amount equal to 2 months rent in the
case of a lessor. For purposes of applying such penalties to
any such violation, the second sentence of section 16(a)(1)
shall not apply.
``(4) Exemption from criminal penalties and citizens
suits.--No criminal penalties shall be imposed under section
16(b) for any violation of this section and no action may be
brought under section 20(a)(1) for any such violation.
``(d) Other Disclosure Requirements.--The Administrator may
consolidate the requirements applicable under this section
with the disclosure requirements applicable under other
authority of law.
``(e) Validity of Contracts and Liens.--Nothing in this
section shall affect the validity or enforceability of any
sale or contract for the purchase and sale or lease of any
interest in real property or any loan, loan agreement,
mortgage, or lien made or arising in connection with a
mortgage loan, nor shall anything in this section create a
defect in title.
``(f) Short Term Leases.--This section shall not apply to
any lease which is for a term of one year or less and does
not, by its terms, provide for an extension.
``(g) Effective Date.--The regulations under this section
shall take effect 2 years after the date of the enactment of
this title.''.
SEC. 8. AUTHORIZED STATE PROGRAMS.
Section 311 of the Toxic Substances Control Act (15 U.S.C.
2671) is amended to read as follows:
``SEC. 311. AUTHORIZED STATE PROGRAMS.
``(a) Approval.--Any State which seeks to administer and
enforce a State program containing the standards,
regulations, or other requirements established under section
304(d) (relating to incentives for voluntary compliance),
section 309(a)(1)(B)(relating to services for the measurement
or mitigation of radon), or 310 (relating to disclosure of
information concerning radon), or any combination thereof,
may, after notice and opportunity for public comment, develop
and submit to the Administrator an application, in such form
as the Administrator shall require, for authorization of such
a State program. Any such State may also certify to the
Administrator at the time of submitting such program that the
State program meets the requirements of paragraphs (1) and
(2) of subsection (b) of this section. Upon submission of
such certification, the State program shall be deemed to be
authorized under this section, and shall apply in such State
in lieu of the corresponding Federal program under section
304(d), 309(a)(1)(B) or 310, or any combination thereof, as
the case may be, until such time as the Administrator
disapproves the program or withdraws the authorization.
``(b) Approval or Disapproval.--Within 180 days following
submission of an application under subsection (a), the
Administrator shall approve or disapprove the application.
The Administrator shall disapprove the application if, after
notice and after opportunity for public hearing, the
Administrator finds that--
``(1) the State program is not at least as protective of
human health and the environment as the Federal program under
section 304(d), 309(a)(1)(B) or 310, or any combination
thereof, as the case may be, or
``(2) such State program does not provide adequate
enforcement.
Upon authorization of a State program under this section, it
shall be unlawful for any person to violate or fail or refuse
to comply with any requirement of such program.
``(c) Withdrawal of Authorization.--If a State is not
administering and enforcing a program authorized under this
section in compliance with standards, regulations, and other
requirements of this title, the Administrator shall so notify
the State and, if corrective action is not completed within a
reasonable time, not to exceed 180 days, the Administrator
shall withdraw authorization of such program and establish a
Federal program pursuant to this title.
``(d) Model State Program.--Within 12 months after the
enactment of this section, the Administrator shall promulgate
a model State program which may be adopted by any State which
seeks to administer and enforce a State program under this
section. Such program shall encourage reciprocity among the
States.
``(e) Other State Requirements.--Nothing in this title
shall be construed to prohibit any State or political
subdivision thereof from imposing any requirements which are
more stringent than those imposed by this title.
``(f) Existing State and Local Programs.--The regulations
under this title shall, to the extent appropriate, encourage
States to seek program authorization and to use existing
State and local programs and procedures for carrying out such
program.
``(g) Fees.--Each State program authorized under this
section containing the standards, regulations, or other
requirements established under section 309(a)(1)(B) (relating
to services for the measurement or mitigation of radon) may
include user fees applicable to persons who offer any service
described in subsection 309(a)(1)(B) in an amount designed to
cover, in whole or in part, the annual operating costs of
such program. The user fees under section 309(b) shall not
apply to persons subject to user fees under such a State
program.''.
SEC. 9. ENFORCEMENT AND ADMINISTRATIVE PROCEEDINGS.
Title III of the Toxic Substances Control Act (15 U.S.C.
2661 et seq.) is amended by adding the following new sections
after section 311:
``SEC. 312. PROHIBITED ACTS.
``It shall be unlawful for any person to fail or refuse to
comply with any provision of this title or any rule or order
under this title.
``SEC. 313. ADMINISTRATIVE PROCEEDINGS.
``The provisions of section 411 shall apply to regulations
issued under this title in the same manner and to the same
extent as such provisions apply to regulations issued under
title IV.
``SEC. 314. CONTROL OF RADON AT FEDERAL FACILITIES.
``Each department, agency, and instrumentality of
executive, legislative, and judicial branches of the Federal
Government and each officer, agent, or employee thereof,
shall be subject to, and comply with, all Federal, State,
interstate, and local requirements, both substantive and
procedural (including any requirement for certification,
licensing, recordkeeping, or reporting or any provisions for
injunctive relief and such sanctions as may be imposed by a
court to enforce such relief) respecting radon in the same
manner, and to the same extent as any nongovernmental entity
is subject to such requirements, including the payment of
reasonable service charges. The Federal, State, interstate,
and local substantive and procedural requirements referred to
in this subsection include, but are not limited to, all
administrative orders and all civil and administrative
penalties and fines regardless of whether such penalties or
fines are punitive or coercive in nature, or whether imposed
for isolated, intermittent or continuing violations. The
United States hereby expressly waives any immunity otherwise
applicable to the United States with respect to any such
substantive or procedural requirement (including, but not
limited to, any injunctive relief, administrative order, or
civil or administrative penalty or fine referred to in the
preceding sentence, or reasonable service charge). The
reasonable service charges referred to in this section
include, but are not limited to, fees or charges assessed for
certification and licensing, as well as any other
nondiscriminatory charges that are assessed in connection
with a Federal, State, interstate, or local radon program. No
agent, employee, or officer of the United States shall be
personally liable for any civil penalty under any Federal,
State, interstate, or local law relating to radon with
respect to any act or omission within the scope of his
official duties.
``SEC. 315. REGULATIONS.
``The Administrator is authorized to issue such
regulations, including recordkeeping and reporting
requirements, as may be necessary to carry out the provisions
of this title.''.
SEC. 10. STRATEGY TO IDENTIFY AND REDUCE EXCEPTIONALLY HIGH
INDOOR RADON LEVELS.
Title III of the Toxic Substances Control Act (15 U.S.C.
2661 et seq.) is amended by adding the following new section
after section 315:
``SEC. 316. STRATEGY TO IDENTIFY AND REDUCE EXCEPTIONALLY
HIGH INDOOR RADON LEVELS.
``(a) Development of the Strategy.--Within 9 months of the
date of enactment of the Radon Awareness and Disclosure Act
of 1994, the Administrator shall, in consultation with other
Federal agencies and scientific experts in radon health
effects, detection, and mitigation, using relevant and
available information, develop and provide to Congress a
strategy using the authorities of the Administrator for
identifying areas and buildings within the United States with
exceptionally high levels of radon and for reducing such
radon levels. The Administrator shall revise the strategy as
necessary to incorporate additional relevant information.
``(b) Implementation of the Strategy.--No later than 9
months after the date of enactment of the Radon Awareness and
Disclosure Act of 1994, the Administrator shall begin to
implement the provisions of the strategy required under
subsection (a).
``(c) Report to Congress.--21 months after the date of
enactment of the Radon Aware-
[[Page 1394]]
ness and Disclosure Act of 1994, the Administrator shall
report to Congress on the results of Federal, State, and
local efforts to implement the strategy developed under
subsection (a).''.
SEC. 11. MEDICAL COMMUNITY OUTREACH.
Title III of the Toxic Substances Control Act (15 U.S.C.
2661 et seq.) is amended by adding the following new section
after section 316:
``SEC. 317. MEDICAL COMMUNITY OUTREACH.
``(a) In General.--The Administrator, in cooperation with
the Secretary of Health and Human Services, shall develop and
implement an outreach program to provide information about
radon to the medical community.
``(b) Information.--(1) The Administrator, in consultation
with the Secretary of Health and Human Services and the
Surgeon General, shall develop informational material
concerning radon tailored to doctors in general practice and
in specialties related to lung cancer. Such information
shall, at a minimum--
``(A) explain the health threats posed by exposure to
radon;
``(B) explain the association of radon with smoking and
other causes of lung cancer;
``(C) identify appropriate steps to determine exposure to
radon in the home; and
``(D) identify sources of additional information.
``(2) Not later than one year after the date of the
enactment of this section, the Administrator shall transmit
the information developed pursuant to this section to--
``(A) doctors in the United States in general practice;
``(B) doctors in specialties related to lung cancer;
``(C) all doctors employed by the Federal Government;
``(D) all hospital administrators; and
``(E) other physicians and officials determined by the
Administrator to be appropriate.
``(c) Report.--Not later than 2 years after the date of
enactment of this section, the Administrator, in consultation
with the Secretary of Health and Human Services, shall report
to Congress concerning the implementation of this section and
recommendations for measures to improve radon information
dissemination to the medical community.''.
SEC. 12. UNBIASED PRESENTATION OF RISK INFORMATION.
Title III of the Toxic Substances Control Act (15 U.S.C.
2661 et seq.) is amended by adding the following new section
after section 317:
``SEC. 318. UNBIASED PRESENTATION OF RISK INFORMATION.
``The Administrator, in carrying out his or her
responsibilities under this title, shall ensure that the
presentation of information on the health risks associated
with exposure to radon and radon progeny is unbiased and
informative. To the extent feasible, documents made available
to the general public which describe the degree of risk from
exposure to radon and radon progeny shall, at a minimum,
characterize the population or populations addressed by any
risk estimates; state the expected risk for the specific
population; and state the reasonable range of uncertainty.''.
SEC. 13. AUTHORIZATION FOR RADON ABATEMENT PROVISIONS OF
TOXIC SUBSTANCES CONTROL ACT.
(a) In General.--Title III of the Toxic Substances Control
Act (15 U.S.C. 2661 et seq.) is amended by adding the
following new section after section 318:
``SEC. 319. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out the
provisions of this title (other than section 307) such sums
as may be necessary for the fiscal years 1994 through
1997.''.
(b) Conforming Amendments.--The following sections of title
III of the Toxic Substances Control Act (15 U.S.C. 2661 et
seq.) are repealed:
(1) Section 305(f).
(2) Section 306(j).
(3) Section 308(f).
SEC. 14. TECHNICAL AND CONFORMING AMENDMENTS.
The Toxic Substances Control Act (15 U.S.C. 2601 and
following) is amended as follows:
(1) In the first sentence of subsection (a) of section 11
strike ``mixtures, or products subject to title IV'' and
insert ``mixtures or products subject to title III or title
IV''.
(2) In paragraph (1) of subsection (b) of section 11,
strike ``mixtures, or products subject to title IV'' and
insert ``mixtures, or products subject to title III or IV''.
(3) In paragraph (1) of section 13(a), strike ``6, or title
IV'' in each place it appears and insert ``6, or title III or
IV'' and strike ``7 or title IV'' and insert ``7 or title III
or IV''.
(4) In section 16, strike ``or 409'' and insert ``, 312, or
409'' each place it appears.
(5) In section 17:
(A) In subsection (a)(1)(A) strike ``or 409'' and insert
``, 312, or 409''.
(B) Strike ``title IV'' in each place it appears in
subparagraphs (B) and (D) of subsection (a)(1) and in
subsection (b) and insert ``title III or title IV''.
(6) In section 19 in the first sentence of subsection
(a)(1)(A), after ``title II'' insert ``, III,''.
(7) In section 20(a)(1) after ``title II'' insert ``,
III,'' in each place it appears.
(8) Subsection (a)(2) of section 305 is amended by striking
out ``Operation'' and inserting ``Until a program is in
effect under section 309, operation''.
(9) Subsection (h)(3) of section 306 is amended by
inserting before the period at the end of the first sentence
``or, after the date 2 years after the enactment of the Radon
Awareness and Disclosure Act of 1994, a proficiency program
under section 309''.
(10) The table of contents for title III of such Act
(contained in section 1 of the Act) is amended as follows:
(A) Amend the item relating to section 304 to read as
follows:
``Sec. 304. New construction.''.
(B) Strike out the items relating to section 309 through
311 and insert the following:
``Sec. 309. Performance and proficiency program for radon products and
services.
``Sec. 310. Disclosure of information concerning radon.
``Sec. 311. Authorized State programs.
``Sec. 312. Prohibited acts.
``Sec. 313. Administrative proceedings.
``Sec. 314. Control of radon at Federal facilities.
``Sec. 315. Regulations.
``Sec. 316. Strategy to identify and reduce exceptionally high indoor
radon levels.
``Sec. 317. Medical community outreach.
``Sec. 318. Unbiased presentation of risk information.
``Sec. 319. Authorization of appropriations.''.
SEC. 15. ESTABLISHMENT OF PRESIDENT'S COMMISSION ON RADON
AWARENESS.
(a) Establishment.--There is established a commission to be
known as the President's Commission on Radon Awareness
(hereinafter in this Act referred to as the ``Commission'').
(b) Duties.--The Commission shall--
(1) examine public awareness programs in effect on the date
of the enactment of this Act which are--
(A) implemented through various segments of mass media; and
(B) intended to raise public awareness of the health
threats of radon and the benefits of testing for radon;
(2) act as an administrative and coordinating body for the
voluntary donation of resources to assist the implementation
of new programs and national strategies for dissemination of
information intended to raise awareness of the health threats
of radon;
(3) encourage media outlets throughout the country to
provide information aimed at increasing radon awareness,
including public service announcements and advertisements;
and
(4) evaluate the effectiveness and assist in the update of
programs and national strategies formulated with the
assistance of the Commission.
(c) National Radon Education Campaign.--
(1) In general.--The Administrator of the Environmental
Protection Agency, in collaboration with the Commission,
shall establish a national education campaign to increase
public awareness concerning radon health risks and motivate
public action to reduce radon levels. The national education
campaign shall include the use of funds for the purchase and
production of public educational materials. The Administrator
is authorized to enter into cooperative agreements to carry
out this section.
(2) Radon awareness week.--As part of the national
education campaign, the Administrator may designate an annual
national radon awareness week.
(d) Membership and Operation of Commission.--
(1) Number and appointment.--The Commission shall be
composed of 12 members appointed by the President within 30
days after the date of the enactment of this Act, and should
include representatives of--
(A) advertising agencies;
(B) television, radio, cable communications, and print
media;
(C) the health industry;
(D) other segments of the business sector of the United
States;
(E) experts in the field of radiation science;
(F) consumer groups;
(G) the radon testing and remediation industry; and
(H) other Federal agencies, as designated by the President.
(2) Terms.--
(A) Except as provided in subparagraphs (B) and (C),
members shall be appointed for terms of 3 years.
(B) Any member appointed to fill a vacancy occurring before
the expiration of the term for which such member's
predecessor was appointed shall be appointed only for the
remainder of such term.
(C) A member may serve after the expiration of the member's
term until a successor to the member has taken office.
(3) Basic pay and expenses.--(A) Except as provided in
subparagraph (B), members of the Commission shall serve
without pay.
(B) While away from their homes or regular places of
business in the performance of services for the Commission,
members shall be allowed travel expenses, including a per
diem allowance in lieu of subsistence, in the same manner as
persons serving intermittently in the Government services are
allowed travel expenses under section 5703 of title 5, United
States Code.
(4) Procedures, meetings, staff, etc.--The Commission shall
establish such rules regarding meetings, including rules
regarding quorum, voting and procedure, and regarding staff,
experts and consultants as the Commission deems appropriate.
The Commission may use the United States mails in the same
manner and under the same condi-
[[Page 1395]]
tions as other departments and agencies of the United States.
The Administrator of General Services shall provide to the
Commission on a reimbursable basis such administrative
support services as the Commission may request.
(5) Report.--The Commission shall transmit to the President
and to each House of Congress a report not later than July 31
of each year which contains a detailed statement of the
activities of the Commission during the preceding year,
including a summary of the number of public service
announcements produced by the Commission and published or
broadcast.
(6) Termination.--The Commission shall terminate on a date
which is 3 years after the date on which members of the
Commission are first appointed, unless the President, by
Executive order, extends the authority of the Commission.
SEC. 16. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.
(a) Purchase of American-Made Equipment and Products.--In
the case of any equipment or products that may be authorized
to be purchased with financial assistance provided under this
Act, it is the sense of the Congress that entities receiving
such assistance should, in expending the assistance, purchase
only American-made equipment and products.
(b) Notice to Recipients of Assistance.--In providing
financial assistance under this Act, the head of each Federal
agency shall provide to each recipient of the assistance a
notice describing the statement made in subsection (a) by the
Congress.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. WISE, announced that the nays had it.
Mr. WAXMAN demanded a recorded vote on passage of said bill which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
255
<3-line {>
affirmative
Nays
164
Para. 85.17 [Roll No. 361]
AYES--255
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Barca
Barcia
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Cooper
Coppersmith
Costello
Coyne
Cramer
Darden
de la Garza
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gilman
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastert
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Horn
Hoyer
Huffington
Hutto
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Lowey
Machtley
Maloney
Mann
Manton
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickle
Pomeroy
Porter
Poshard
Price (NC)
Rahall
Ramstad
Rangel
Reed
Reynolds
Richardson
Ridge
Roemer
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schroeder
Schumer
Scott
Sharp
Shays
Shepherd
Skaggs
Slaughter
Smith (NJ)
Snowe
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Velazquez
Vento
Visclosky
Waters
Watt
Waxman
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOES--164
Allard
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barlow
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chapman
Coble
Collins (GA)
Combest
Conyers
Cox
Crane
Crapo
Cunningham
Danner
Deal
DeLay
Dickey
Doolittle
Dornan
Duncan
Dunn
Emerson
Everett
Ewing
Fields (TX)
Fowler
Gallo
Gekas
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hancock
Hansen
Hefley
Herger
Hobson
Hoekstra
Hoke
Houghton
Hughes
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lancaster
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Long
Lucas
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Mica
Miller (FL)
Molinari
Moorhead
Myers
Orton
Oxley
Packard
Paxon
Penny
Petri
Pickett
Pombo
Portman
Pryce (OH)
Quillen
Quinn
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Roth
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (IA)
Smith (MI)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stenholm
Stump
Talent
Tanner
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Valentine
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Zeliff
Zimmer
NOT VOTING--15
Carr
Dreier
Fish
Hayes
Inhofe
Laughlin
Margolies-Mezvinsky
Michel
Serrano
Slattery
Sundquist
Washington
Wheat
Whitten
Young (FL)
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 85.18 providing for the consideration of s. 208
Mr. BEILENSON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 492):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (S. 208) to reform the concessions policies of the
National Park Service, and for other purposes. The first
reading of the bill shall be dispensed with. Points of order
against consideration of the bill for failure to comply with
section 302(f) of the Congressional Budget Act of 1974 are
waived. General debate shall be confined to the bill and
shall not exceed one hour equally divided and controlled by
the chairman and ranking minority member of the committee on
Natural Resources. After general debate the bill shall be
considered for amendment under the five-minute rule. It shall
be in order to consider as an original bill for the purpose
of amendment under the five-minute rule the amendment in the
nature of a substitute recommended by the Committee on
Natural Resources now printed in the bill, modified by the
amendment printed in the report of the Committee on Rules
accompanying this resolution. Each section of the committee
amendment in the nature of a substitute, as modified, shall
be considered as read. Points of order against the committee
amendment in the nature of a substitute, as modified, for
failure to comply with clause 5(a) of rule XXI are waived. At
the conclusion of consideration of the bill for amendment the
Committee shall rise and report the bill to the House with
such amendments as may have been adopted. Any Member may
demand a separate vote in the House on any amendment adopted
in the Committee of the Whole to the bill or to the committee
amendment in the nature of a substitute, as modified. The
previous question shall be considered as ordered on the bill
and amendments thereto to final passage without intervening
motion except one motion to recommit with or without
instructions.
When said resolution was considered.
After debate,
On motion of Mr. BEILENSON, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
[[Page 1396]]
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 85.19 national park service concessions policy
The SPEAKER pro tempore, Mr. WISE, pursuant to House Resolution 492
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
of the Senate (S. 208) to reform the concessions policies of the
National Park Service, and for other purposes.
The SPEAKER pro tempore, Mr. WISE, by unanimous consent, designated
Mr. McNULTY as Chairman of the Committee of the Whole; and after some
time spent therein,
Para. 85.20 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. MURPHY:
Page 3, strike line 24, and all that follows down through
line 3 on page 4 (section 2(b), paragraph (7)).
Page 3, line 23, strike ``and'' and insert a period.
Page 3, line 21, insert ``and'' after the semicolon.
Yeas
148
It was decided in the
Nays
274
<3-line {>
negative
Answered present
1
Para. 85.21 [Roll No. 362]
AYES--148
Applegate
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Dickey
Dicks
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Gallegly
Gekas
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Hancock
Hansen
Hefley
Herger
Hobson
Hoekstra
Hoke
Holden
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Johnson (SD)
Johnson, Sam
Kasich
Kim
King
Kingston
Kolbe
Kyl
LaFalce
Lancaster
Lazio
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Manzullo
McCandless
McCollum
McDade
McHugh
McKeon
McMillan
Mica
Michel
Miller (FL)
Molinari
Moorhead
Murphy
Murtha
Myers
Orton
Oxley
Packard
Paxon
Petri
Pickett
Pombo
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Regula
Roberts
Rohrabacher
Roth
Royce
Santorum
Schaefer
Schiff
Sensenbrenner
Shuster
Sisisky
Skeen
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stenholm
Stump
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Vucanovich
Walker
Walsh
Williams
Wolf
Young (AK)
Zeliff
NOES--274
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Baesler
Barca
Barlow
Barrett (WI)
Bartlett
Barton
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blute
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Chapman
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dingell
Dixon
Durbin
Edwards (CA)
Edwards (TX)
Engel
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gilman
Glickman
Gonzalez
Gordon
Grandy
Green
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastert
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Hoyer
Hughes
Hutto
Inglis
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Klug
Knollenberg
Kopetski
Kreidler
Lambert
Lantos
LaRocco
Leach
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCrery
McCurdy
McDermott
McHale
McInnis
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickle
Pomeroy
Porter
Poshard
Price (NC)
Rahall
Rangel
Ravenel
Reed
Richardson
Ridge
Roemer
Rogers
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Saxton
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Skaggs
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Snowe
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Talent
Tanner
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Weldon
Whitten
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Zimmer
ANSWERED ``PRESENT''--1
English
NOT VOTING--16
Blackwell
Carr
Clay
Frost
Gallo
Hayes
Inhofe
Laughlin
Margolies-Mezvinsky
Nadler
Reynolds
Slattery
Sundquist
Washington
Wheat
Young (FL)
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. MURTHA, assumed the Chair.
When Mr. HASTINGS, Acting Chairman, pursuant to House Resolution 492,
reported the bill back to the House with an amendment adopted by the
Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Park Service
Concessions Policy Reform Act of 1994''.
SEC. 2. FINDINGS AND POLICY.
(a) Findings.--In furtherance of the Act of August 25, 1916
(39 Stat. 535), as amended (16 U.S.C. 1, 2-4), which directs
the Secretary of the Interior to administer areas of the
National Park System in accordance with the fundamental
purpose of conserving their scenery, wildlife, natural and
historic objects, and providing for their enjoyment in a
manner that will leave them unimpaired for the enjoyment of
future generations, the Congress finds that the preservation
and conservation of park resources and values requires that
such public accommodations, facilities, and services within
such areas as the Secretary, in accordance with this Act,
determines necessary and appropriate--
(1) should be provided only under carefully controlled
safeguards against unregulated and indiscriminate use so that
visitation will not unduly impair park resources and values;
and
(2) should be limited to locations and designs consistent
to the highest practicable degree with the preservation and
conservation of park resources and values.
(b) Policy.--It is the policy of the Congress that--
(1) development on Federal lands within a park shall be
limited to those facilities that the Secretary determines are
necessary and appropriate for public use and enjoyment of the
park in which such facilities and services are located;
(2) development within a park should be consistent to the
highest practicable degree with the preservation and
conservation of the park's resources and values;
(3) park facilities and services the Secretary determines
suitable to be provided by parties other than the Secretary
should be provided by private persons, corporations, or other
entities, except when no private interest is qualified and
willing to provide such facilities and services;
(4) if the Secretary determines that development should
occur within a park, such development shall be designed,
located, and operated in a manner that is consistent with the
purposes for which such park was established;
(5) the right to provide such services and to develop or
utilize facilities should be awarded to the person,
corporation, or entity submitting the best proposal through a
competitive selection process;
(6) such facilities or services should be provided to the
public at reasonable rates; and
[[Page 1397]]
(7) if adequate facilities to serve the needs of park
visitors exist outside a park's boundaries or can feasibly be
developed outside such boundaries by private enterprise, such
facilities should not be developed or expanded within the
park.
SEC. 3. DEFINITIONS.
As used in this Act--
(1) the term ``concessioner'' means a person, corporation,
or other entity to whom a concession contract has been
awarded;
(2) the term ``concession contract'' means a contract, or
permit, (but not an authorization issued pursuant to section
5(b) of this Act) to provide facilities or services, or both,
at a park;
(3) the term ``facilities'' means improvements to real
property within parks used to provide accommodations,
facilities, or services to park visitors;
(4) the term ``park'' means a unit of the National Park
System;
(5) the term ``proposal'' means the complete proposal for a
concession contract offered by a potential or existing
concessioner in response to the minimum requirements for the
contract established by the Secretary;
(6) the term ``Secretary'' means the Secretary of the
Interior; and
(7) the term ``franchise fee'' means the fee required by a
concession contract to be paid to the United States in
consideration for the privileges afforded by such contract to
the holder thereof, which may be expressed as a percentage of
revenues derived by the contract holder from activities
authorized by the contract, and which shall be in addition to
fees required to be paid to the United States for the use of
federally-owned buildings or other facilities.
SEC. 4. REPEAL OF CONCESSIONS POLICY ACT OF 1965.
The Act of October 9, 1965, Public Law 89-249 (79 Stat.
969, 16 U.S.C. 20-20g), entitled ``An Act relating to the
establishment of concession policies in the areas
administered by National Park Service and for other
purposes'', is hereby repealed. The repeal of such Act shall
not affect the validity of any contract entered into under
such Act, but the provisions of this Act shall apply to any
such contract except to the extent such provisions are
inconsistent with the express terms and conditions of the
contract. Nothing in this Act that is inconsistent with a
prospectus issued before April 1, 1994, shall apply to the
contract with respect to which such prospectus was issued.
The Secretary is authorized to award a concession contract
prior to promulgation of new regulations to implement this
Act if the Secretary determines that protection of public
health and safety warrant such action, provided that such
contract is consistent with this Act.
SEC. 5. CONCESSION CONTRACTS AND OTHER AUTHORIZATIONS.
(a) Concessions.--(1) Subject to the findings and policy
stated in section 2 of this Act and the provisions of this
section, the Secretary may award concession contracts that
authorize private persons, corporations, or other entities to
provide services to park visitors and to utilize facilities
if the Secretary determines that such award is the
appropriate means for such authorization.
(2) Concession contracts shall be awarded only to the
extent that the Secretary finds that the services to be
provided and the facilities to be utilized pursuant to each
such contract are necessary and appropriate for the
accommodation of visitors to a park.
(3) The provision of services and the utilization of
facilities pursuant to concession contracts shall be
consistent with all applicable requirements of law, including
laws relating generally to the administration and management
of units of the National Park Service, and with the general
management plan, concessions plan, and other relevant plans
developed by the Secretary for the relevant park.
(b) Other Authorizations.--(1) To the extent specified in
this subsection, the Secretary, upon request, may authorize a
private person, corporation, or other entity to provide
services to park visitors otherwise than by award of a
concession contract.
(2)(A) The authority of this subsection may be used only to
authorize provision of services to park visitors that the
Secretary determines have minimal impact on park resources
and values and will be consistent with the purposes for which
the relevant park was established and with all applicable
management plans for such park.
(B) The Secretary--
(i) shall require payment of a reasonable fee for issuance
of an authorization under this subsection;
(ii) shall require that the provision of services under
such an authorization be accomplished in a manner consistent
to the highest practicable degree with the preservation and
conservation of park resources and values;
(iii) shall take appropriate steps to limit the liability
of the United States arising from the provision of services
under such an authorization; and
(iv) shall have no authority under this subsection to issue
more authorizations than are consistent with the preservation
and proper management of park resources and values, and shall
establish such other conditions for issuance of such an
authorization as the Secretary determines appropriate for
protection of visitors, provision of adequate and appropriate
visitor services, and protection and proper management of the
resources and values of the National Park System.
(3) An entity seeking or obtaining an authorization
pursuant to this subsection shall not be precluded from also
submitting proposals for concession contracts.
SEC. 6. COMPETITIVE SELECTION PROCESS.
(a) In General.--(1) Except as provided in subsection (b),
and consistent with the provisions of subsection (g), any
concession contract entered into pursuant to this Act shall
be awarded to the person submitting the best proposal, as
determined by the Secretary through the competitive selection
process specified in this section.
(2) Within 180 days after the date of enactment of this
Act, the Secretary shall promulgate appropriate regulations
establishing a process to implement this section. The
regulations shall include provisions for establishing a
method or procedure for the resolution of disputes between
the Secretary and a concessioner in those instances where the
Secretary has been unable to meet conditions or requirements
or provide such services, if any, as set forth in a
prospectus pursuant to sections 6(c)(2) (D) and (E).
(b) Temporary Contract.--Notwithstanding the provisions of
subsection (a), the Secretary may award on a noncompetitive
basis a temporary concession contract if the Secretary
determines such an award to be necessary in order to avoid
interruption of services to the public at a park. Prior to
making such a determination, the Secretary shall take all
reasonable and appropriate steps to consider alternative
actions to avoid such interruptions.
(c) Prospectus.--(1) Prior to soliciting proposals for a
concession contract at a park, the Secretary shall prepare a
prospectus soliciting proposals, shall publish a notice of
its availability at least once in such local or national
newspapers or trade publications as the Secretary determines
appropriate, and shall make such prospectus available upon
request to all interested parties.
(2) The prospectus shall include, but need not be limited
to, the following information:
(A) The minimum requirements for such contract, as set
forth in subsection (d).
(B) The terms and conditions of the existing concession
contract awarded for such park, if any, including all fees
and other forms of compensation provided to the United States
by the concessioner, and all information available to the
Secretary with regard to the wages, hours, and conditions of
employment of the workforce engaged by the concessioner to
fulfill the requirements of such existing concession
contract.
(C) Other authorized facilities or services which may be
included in a proposal.
(D) Facilities and services to be provided by the Secretary
to the concessioner, if any, including but not limited to,
public access, utilities, and buildings.
(E) The services to park visitors intended to be offered
within a park by the Secretary, including but not limited to,
interpretive programs, campsites, and visitor centers.
(F) Such other information related to the proposed
concessions operation which is not privileged or otherwise
exempt from disclosure under Federal law as the Secretary
determines is necessary to allow for the submission of
competitive proposals.
(d) Minimum Proposal Requirements.--(1) No proposal shall
be considered which fails to meet the minimum requirements
included in the relevant prospectus. Such minimum
requirements shall include payment to the United States of a
franchise fee and shall also include, but need not be limited
to, the following:
(A) The minimum acceptable franchise fee, fees for use of
any Federal buildings or other facilities, and any other fees
to be paid to the United States.
(B) The duration of the contract.
(C) Any facilities, services, or capital investments
required to be provided by the concessioner.
(D) Measures that will be required in order to ensure the
protection and preservation of park resources and values.
(2) The Secretary may reject any proposal, notwithstanding
the amount of franchise fee offered, if the Secretary
determines that the person, corporation, or entity making
such proposal is not qualified, is likely to provide
unsatisfactory service, or that the proposal is not
sufficiently responsive to the objectives of protecting and
preserving park resources and of providing necessary and
appropriate facilities or services to the public at
reasonable rates.
(3) If all proposals submitted to the Secretary either fail
to meet the minimum requirements or are rejected by the
Secretary, the Secretary shall establish new minimum contract
requirements and re-initiate the competitive selection
process pursuant to this section.
(e) Selection of Best Proposal.--(1) In selecting the best
proposal, the Secretary shall consider the following
principal factors:
(A) The responsiveness of the proposal to the objectives of
protecting and preserving park resources and of providing
necessary and appropriate facilities and services to the
public at reasonable rates.
(B) The experience, expertise, and related background of
the person, corporation, or other entity submitting the
proposal, including whether the submitter is the holder of a
previous concession contract for similar services at the same
park and has established a record of outstanding performance
in executing that contract, the submitter's history of
satisfactory performance under any other concession contract,
and the submitter's compliance with applicable labor law and
existing standards regarding wages, hours, and conditions of
employment and provision of a safe and healthful workplace in
connection with any concession contract.
[[Page 1398]]
(C) The financial capability of the person, corporation, or
entity submitting the proposal.
(D) The proposed franchise fee: Provided, That
consideration of revenue to the United States shall be
subordinate to the objectives of protecting and preserving
park resources including cultural resources, and of providing
necessary and appropriate facilities or services to the
public at reasonable rates.
(E) Giving preference to American concessioners.
(2) The Secretary may also consider such secondary factors
as the Secretary deems appropriate. In developing regulations
to implement this Act, the Secretary shall consider the
extent to which plans for employment of Indians (including
Native Alaskans) and involvement of businesses owned by
Indians, Indian tribes, or Native Alaskans in the operation
of concession contracts should be identified as a factor in
the selection of a best offer under this section.
(f) Congressional Notification.--(1) The Secretary shall
submit any proposed concession contract with anticipated
annual gross receipts in excess of $1,000,000 (indexed to
1993 constant dollars) or a duration in excess of ten years
to the Committee on Energy and Natural Resources of the
United States Senate and the Committee on Natural Resources
of the United States House of Representatives.
(2) The Secretary shall not award any such proposed
contract until at least 60 days subsequent to the submission
thereof to both Committees.
(g) No Preferential Right of Renewal.--(1) Except as
provided in paragraph (2), the Secretary shall not grant a
preferential right to a concessioner to renew a concession
contract executed pursuant to this Act.
(2)(A)(i) Notwithstanding the provisions of paragraph (1),
the Secretary shall include a preferential right of renewal
in a concession contract covered by this paragraph, but
exercise of such right shall be subject to the requirements
of this paragraph.
(ii) As used in this paragraph, the term ``preferential
right of renewal'' means a provision in a concession contract
allowing a concessioner satisfying the requirements of this
paragraph to have the opportunity to match the terms and
conditions of any competing proposal which the Secretary
determines to be the best offer for a new concession contract
for provision of the same services as were authorized by the
concession contract that included the preferential right of
renewal.
(B) The provisions of this paragraph shall apply only to
concession contracts which the Secretary estimates will
result in annual gross receipts of no more than $500,000 in
any year during the term of the contract.
(C) A preferential right of renewal may be exercised by a
concessioner only when such right is included in a concession
contract and only where the Secretary has determined both--
(i) that the concessioner has operated satisfactorily
during the term of such contract, and
(ii) that the concessioner has submitted a responsive
proposal for a new contract which satisfies the minimum
requirements established by the Secretary pursuant to section
6 of this Act.
(D) A concessioner who exercises a preferential right of
renewal in accordance with the requirements of this paragraph
shall be entitled to award of the new concession contract
with respect to which such right is exercised.
(h) No Preferential Right to Additional Services.--The
Secretary shall not grant a preferential right to a
concessioner to provide new or additional services at a park,
but may agree to changes in concession contracts that would
allow the holders thereof to provide services incidental to
or closely related to the services authorized by such
contracts, if the Secretary determines that such changes
would enhance the safety or enjoyment of park visitors or the
protection of park resources and values and would not unduly
restrict competition for award of concession contracts.
SEC. 7. FRANCHISE FEES.
Franchise fees, however stated, shall not be less than the
minimum franchise fee established by the Secretary for each
contract. The minimum franchise fee shall be determined in a
manner that will provide the concessioner with a reasonable
opportunity to realize a profit on the operation as a whole,
commensurate with the capital invested and the obligations
assumed.
SEC. 8. USE OF FRANCHISE FEES.
(a) Special Account.--Except as provided in subsection (b),
all receipts including fees for use of federally-owned
buildings or other facilities collected pursuant to this Act
shall be covered into a special account established in the
Treasury of the United States. Amounts covered into such
account in a fiscal year shall be available for expenditure,
subject to appropriation, solely as follows:
(1) 50 percent shall be allocated among the units of the
National Park System in the same proportion as franchise fees
collected from a specific unit bears to the total amount
covered into the account for each fiscal year, to be used for
resource management and protection, maintenance activities,
interpretation, and research.
(2) 50 percent shall be allocated among the units of the
National Park System on the basis of need, in a manner to be
determined by the Secretary, to be used for resource
management and protection, maintenance activities,
interpretation, and research.
(b) Park Improvement Funds.--(1) The Secretary shall, where
the Secretary determines it to be desirable, establish a Park
Improvement Fund (hereinafter in this section referred to as
the ``fund''), in which, for each fiscal year after fiscal
year 1994, the Secretary may deposit some or all of the
receipts collected from concessioners to the extent that such
receipts exceed the amounts specified in the following table:
``Fiscal year: Amount
1995.....................................................$22,600,000
1996.....................................................$25,500,000
1997.....................................................$27,500,000
1998.....................................................$30,900,000
After 1998.............................................$35,700,000''.
(2) The Secretary shall maintain the fund separately from
any other funds or accounts and shall not commingle the
monies in the fund with any other monies. The Secretary may
establish such other terms, conditions, or requirements as
the Secretary determines to be necessary to ensure the
financial integrity of such fund.
(3)(A) Monies from the fund shall be expended solely for
activities and projects within the park which are consistent
with the park's general management plan, concessions plan,
and other applicable plans, and which the Secretary
determines will enhance public use, safety, and enjoyment of
the park, including but not limited to projects which
directly or indirectly support concession facilities or
services required by the concession contract, but no
expenditure from the fund shall have the effect of creating
or increasing any compensable interest of any concessioner in
any such facilities. A concessioner shall not be allowed to
make any advances or credits to the fund.
(B) To the extent consistent with the need to respond to
urgent requirements and with priorities established as part
of a park's general management plan or concessions management
plan, the Secretary shall direct that monies from the fund be
utilized in coordination with funds provided by other
sources, including donations from the National Park
Foundation or other groups associated with one or more units
of the National Park System.
(4) A concessioner shall not be granted any interest in
improvements made from fund expenditures, including any
interest granted pursuant to section 11(b) of this Act.
(5) Nothing in this subsection shall affect the obligation
of a concessioner to insure, maintain, and repair any
structure, fixture, or improvement assigned to such
concessioner and to insure that such structure, fixture, or
improvement fully complies with applicable safety and health
laws and regulations.
(6) The Secretary shall maintain proper records for all
expenditures made from the fund. Such records shall include,
but not be limited to invoices, bank statements, canceled
checks, and such other information as the Secretary may
require.
(7) A fund established pursuant to this subsection may not
be used for any capital expenditure exceeding $2,500,000 in
any fiscal year unless such expenditure from a fund has been
authorized in advance by Act of Congress. The Secretary shall
annually inform the Congress concerning the actual and
projected use of moneys in each fund established pursuant to
this subsection.
SEC. 9. DURATION OF CONTRACT.
(a) Maximum Term.--A concession contract entered into
pursuant to this Act shall be awarded for a term not to
exceed ten years: Provided, however, That the Secretary may
award a contract for a term not to exceed twenty years if the
Secretary determines that a longer term is a necessary
component of the overall contract in order to reduce the
costs to the United States of acquiring possessory interests
or to carry out the policies of this Act and other laws
applicable to the National Park System.
(b) Temporary Contract.--A temporary concession contract
awarded on a non-competitive basis pursuant to section 6(b)
of this Act shall be for a term not to exceed two years.
SEC. 10. TRANSFER OF CONTRACT.
(a) In General.--(1) No concession contract may be
transferred, assigned, sold, or otherwise conveyed by a
concessioner without prior written notification to, and
approval of the Secretary.
(2) The Secretary shall not unreasonably withhold approval
of a transfer, assignment, sale, or conveyance of a
concession contract, but shall not approve the transfer of a
concession contract to any individual, corporation or other
entity if the Secretary determines that--
(A) such individual, corporation or entity is, or is likely
to be, unable to completely satisfy all of the requirements,
terms, and conditions of the contract;
(B) such transfer, assignment, sale or conveyance is not
consistent with the objectives of protecting and preserving
park resources, and of providing necessary and appropriate
facilities or services to the public at reasonable rates; or
(C) the terms of the transfer, assignment, sale, or
conveyance directly or indirectly attribute a significant
value to intangible assets or otherwise may so reduce the
opportunity for a reasonable profit over the remaining term
of the contract that the United States would be required to
make substantial additional expenditures in order to avoid
interruption of services to park visitors.
(b) Congressional Notification.--Within thirty days after
receiving a request to approve a transfer, assignment, sale,
or other
[[Page 1399]]
conveyance of a concession contract, the Secretary shall
notify the Committee on Energy and Natural Resources of the
United States Senate and the Committee on Natural Resources
of the United States House of Representatives of such
proposal. Approval of such proposal, if granted by the
Secretary, shall not take effect until sixty days after the
date of notification of both Committees.
SEC. 11. PROTECTION OF CONCESSIONER INVESTMENT.
(a) Existing Structures.--(1) A concessioner who, pursuant
to a concession contract, before the date of enactment of
this Act acquired or constructed, or as of such date was
required by such a contract to commence acquisition or
construction, of any structure, fixture, or improvement upon
land owned by the United States within a park, shall have a
possessory interest therein, to the extent provided by such
contract, the value of such possessory interest to be
determined for all purposes on the basis of applicable laws
and contracts in effect on the day before such date of
enactment.
(2) The provisions of this subsection shall not apply to a
concessioner whose contract in effect on the date of
enactment of this Act does not include recognition of a
possessory interest.
(3)(A) Except as provided in subparagraph (B), with respect
to a concession contract entered into on or after the date of
enactment of this Act, the provisions of subsection (b) shall
apply to any existing structure, fixture, or improvement as
defined in paragraph (1), except that the value of the
possessory interest as of the termination date of the first
contract expiring after the date of enactment of this Act
shall be used as the basis for depreciation, in lieu of the
actual original cost of such structure, fixture, or
improvement.
(B)(i) If the Secretary determines during the competitive
selection process that all proposals submitted either fail to
meet the minimum requirements or are rejected (as provided in
section 6), the Secretary may, solely with respect to a
structure, fixture, or improvement covered under this
paragraph, suspend the depreciation provisions of subsection
(b)(1) for the duration of the contract: Provided, That the
Secretary may suspend such depreciation provisions only if
the Secretary determines that the establishment of other new
minimum contract requirements is not likely to result in the
submission of satisfactory proposals, and that the suspension
of the depreciation provisions is likely to result in the
submission of satisfactory proposals.
(ii) If the Secretary suspends the depreciation provisions
of subsection (b)(1) pursuant to this subparagraph, the
Secretary may include in the relevant concession contract, as
an obligation of the United States, a compensatory interest
in any structure, fixture, or improvement with respect to
which such depreciation provisions were suspended in an
amount not to exceed the fair market value of such structure,
fixture, or improvement.
(b) New Structures.--(1) On or after the date of enactment
of this Act, a concessioner who constructs or acquires a new,
additional, or replacement structure, fixture, or improvement
upon land owned by the United States within a park, pursuant
to a concession contract, shall have an interest in such
structure, fixture, or improvement equivalent to the actual
original cost of acquiring or constructing such structure,
fixture, or improvement, less straight line depreciation over
the estimated useful life of the asset according to Generally
Accepted Accounting Principles: Provided, That in no event
shall the estimated useful life of such asset exceed the
depreciation period used for such asset for Federal income
tax purposes.
(2) In the event that the contract expires or is terminated
prior to the estimated useful life of an asset described in
paragraph (1), the concessioner shall be entitled to receive
from the United States or the successor concessioner payment
equal to the value of the concessioner's interest in such
structure, fixture, or improvement. A successor concessioner
may not revalue the interest in such structure, fixture, or
improvement, the method of depreciation, or the estimated
useful life of the asset.
(3) Title to any such structure, fixture, or improvement
shall be vested in the United States.
(c) Insurance, Maintenance and Repair.--Nothing in this
section shall affect the obligation of a concessioner to
insure, maintain, and repair any structure, fixture, or
improvement assigned to such concessioner and to insure that
such structure, fixture, or improvement fully complies with
applicable safety and health laws and regulations.
SEC. 12. RATES AND CHARGES TO PUBLIC.
The reasonableness of a concessioner's rates and charges to
the public shall, unless otherwise provided in the prospectus
and contract, be judged primarily by comparison with those
rates and charges for facilities and services of comparable
character charged by parties in reasonable proximity to the
relevant park and operating under similar conditions, with
due consideration for length of season, seasonal variance,
average percentage of occupancy, accessibility, availability
and costs of labor and materials, type of patronage, and
other factors deemed significant by the Secretary.
SEC. 13. CONCESSIONER PERFORMANCE EVALUATION.
(a) Regulations.--Within one hundred and eighty days after
the date of enactment of this Act, the Secretary, after an
appropriate period for public comment, shall publish
regulations establishing standards and criteria for
evaluating the performance of concessioners operating within
parks.
(b) Periodic Evaluation.--(1) The Secretary shall
periodically conduct an evaluation of each concessioner
operating under a concession contract pursuant to this Act to
determine whether such concessioner has performed
satisfactorily. In evaluating a concessioner's performance,
the Secretary shall seek and consider applicable reports and
comments from appropriate Federal, State, and local
regulatory agencies, and shall seek and consider the views of
park visitors and concession customers. If the Secretary's
performance evaluation results in an unsatisfactory rating of
the concessioner's overall operation, the Secretary shall so
notify the concessioner in writing, and shall provide the
concessioner with a list of the minimum requirements
necessary for the operation to be rated satisfactory.
(2) The Secretary may terminate a concession contract if
the concessioner fails to meet the minimum operational
requirements identified by the Secretary within the time
limitations established by the Secretary at the time notice
of the unsatisfactory rating is provided to the concessioner.
(3) If the Secretary terminates a concession contract
pursuant to this section, the Secretary shall solicit
proposals for a new contract consistent with the provisions
of this Act.
(c) Congressional Notification.--The Secretary shall notify
the Committee on Energy and Natural Resources of the United
States Senate and the Committee on Natural Resources of the
United States House of Representatives of each unsatisfactory
overall annual rating and of each concession contract
terminated pursuant to this section.
SEC. 14. RECORDKEEPING REQUIREMENTS.
(a) In General.--Each concessioner shall keep such records
as the Secretary may prescribe to enable the Secretary to
determine that all terms of the concessioner's contract have
been and are being faithfully performed, and the Secretary,
the Inspector General of the Department of the Interior, or
any of the Secretary's duly authorized representatives shall,
for the purpose of audit and examination, have access to such
records and to other books, documents and papers of the
concessioner pertinent to the contract and all the terms and
conditions thereof as the Secretary and the Inspector General
deem necessary.
(b) General Accounting Office Review.--The Comptroller
General of the United States or any of his or her duly
authorized representatives shall, until the expiration of
five calendar years after the close of the business year for
each concessioner, have access to and the right to examine
any pertinent books, documents, papers, and records of the
concessioner related to the contracts or contracts involved,
including those related to any Park Improvement Funds
established pursuant to section 8(b).
SEC. 15. EXEMPTION FROM CERTAIN LEASE REQUIREMENTS.
The provisions of section 321 of the Act of June 30, 1932
(47 Stat. 412; 40 U.S.C. 303b), relating to the leasing of
buildings and properties of the United States, shall not
apply to contracts awarded by the Secretary pursuant to this
Act.
SEC. 16. NO EFFECT ON ANILCA PROVISIONS.
Nothing in this Act shall be construed to amend, supersede,
or otherwise affect any provision of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3101 et seq.).
SEC. 17. IMPLEMENTATION.
(a) Audit Requirement.--Beginning with fiscal year 1997,
the Inspector General of the Department of the Interior shall
conduct a biennial audit of the Secretary's implementation of
this Act and the award and management of concession contracts
and authorizations described in section 5(b).
(b) Biennial Reports.--Beginning on June 1, 1997, and
biannually thereafter the Secretary and the Inspector General
of the Department of the Interior shall submit a report to
the Committee on Energy and Natural Resources of the United
States Senate and the Committee on Natural Resources of the
United States House of Representatives on the implementation
of this Act and the effect of such implementation on
facilities operated and services provided pursuant to
concession contracts.
(c) Information From Secretary.--In each report required by
this section, the Secretary shall--
(1) identify any concession contracts which have been
renewed, renegotiated, terminated, or transferred during the
2 years prior to the submission of the report and identify
any significant changes in the terms of the new contract;
(2) state the amount of franchise fees, the rates which
would be charged for services, and the level of other
services required to be provided by the concessioner in
comparison to that required in any previous concession
contract for the same facilities or services at the same
park;
(3) assess the degree to which facilities are being
maintained, using the condition of such facilities on the
date of enactment of this Act as a baseline;
(4) indicate whether competition has been increased or
decreased with respect to the awarding of concession
contracts;
(5) set forth the total amount of revenues received and
financial obligations incurred or reduced by the Federal
Government as a result of enactment of this Act for the
reporting period and in comparison with previous reporting
periods and the baseline year
[[Page 1400]]
of 1993, including the costs, if any, associated with the
acquisition of possessory interests; and
(6) include information concerning any park improvement
funds established pursuant to section 8(b) of this Act,
including--
(A) the total amount of funds deposited into and expended
from each such fund during the preceding 2-year period; and
(B) the purposes for which expenditures from such funds
during such period were used.
(d) Information From Inspector General.--In each report
required by this section, the Inspector General of the
Department of the Interior shall include information as to
the results of the audit required by subsection (a),
including--
(1) the status of the Secretary's implementation of this
Act;
(2) the extent to which such implementation has furthered
the policies of this Act, as set forth in section 2, and has
led to an increase or decrease in competition for concession
contracts;
(3) the adequacy of recordkeeping and other requirements
imposed on establishment and use of park improvement funds
established pursuant to section 8(b); and
(4) any recommendations the Inspector General may find
appropriate in order to further the purposes of this Act and
other laws applicable to the National Park System or to
assure that park improvement funds established pursuant to
section 8(b) are maintained and expenditures therefrom are
used in accordance with this Act and sound business
practices.
The bill, as amended, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill, as amended?
The SPEAKER pro tempore, Mr. MURTHA, announced that the yeas had it.
Mr. VENTO demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The vote was taken by electronic device.
Yeas
386
It was decided in the
Nays
30
<3-line {>
affirmative
Answered present
1
Para. 85.22 [Roll No. 363]
YEAS--386
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Baesler
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Burton
Buyer
Byrne
Calvert
Camp
Canady
Cantwell
Cardin
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastert
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hutchinson
Hyde
Inglis
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Levy
Lewis (FL)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCollum
McCrery
McCurdy
McDermott
McHale
McHugh
McInnis
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Richardson
Ridge
Roberts
Roemer
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Walker
Walsh
Waters
Watt
Waxman
Weldon
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Zeliff
Zimmer
NAYS--30
Bachus (AL)
Baker (CA)
Bunning
Callahan
Combest
Crapo
DeLay
Emerson
Fields (TX)
Hancock
Hansen
Hefley
Herger
Hunter
Lewis (CA)
Lightfoot
McCandless
McKeon
Murphy
Myers
Oxley
Packard
Rogers
Skeen
Smith (OR)
Stump
Taylor (NC)
Thomas (WY)
Vucanovich
Young (AK)
ANSWERED ``PRESENT''--1
English
NOT VOTING--17
Blackwell
Carr
Clay
Gallo
Hayes
Hutto
Inhofe
Laughlin
Margolies-Mezvinsky
McDade
Reynolds
Slattery
Sundquist
Washington
Wheat
Whitten
Young (FL)
So the bill, as amended, was passed.
A motion to reconsider the vote whereby said bill, as amended, was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
Para. 85.23 providing for the consideration of h.r. 4801
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-627) the resolution (H. Res. 494) providing for consideration of
the bill (H.R. 4801) to amend the Small Business Act, and for other
purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 85.24 providing for the consideration of concurrent resolution
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-628) the resolution (H. Res. 495) providing for consideration of
a concurrent resolution waiving the requirement in section 132 of the
Legislative Reorganization Act of 1946 that the Congress adjourn sine
die not later than July 31 of each year.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 85.25 subpoena
The SPEAKER pro tempore, Mr. ENGEL, laid before the House a
communication, which was read as follows:
House of Representatives,
July 28, 1994.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that a member of my
staff has been served with a subpoena issued by the United
States District Court for the Northern District of Georgia.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
Mac Collins.
Para. 85.26 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. HUTTO, for today after 5 p.m. and balance of the week;
[[Page 1401]]
To Mr. LAUGHLIN, for today through August 5;
To Mr. DREIER, for today from 2:15 p.m. to 4 p.m.; and
To Mr. YOUNG of Florida, for today after 1 p.m.
And then,
Para. 85.27 adjournment
On motion of Mr. GINGRICH, pursuant to the special order agreed to on
July 27, 1994, at 8 o'clock and 32 minutes p.m., the House adjourned
until 11 o'clock a.m. on Friday, July 29, 1994.
Para. 85.28 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. DELLUMS: Committee on Armed Services. H.R. 3600. A bill
to ensure individual and family security through health care
coverage for all Americans in a manner that contains the rate
of growth in health care costs and promotes responsible
health insurance practices, to promote choice in health care,
and to ensure and protect the health care of all Americans;
with an amendment (Rept. No. 103-601, Pt. 3). Ordered to be
printed.
Mr. CONYERS: Committee on Government Operations. S. 716. An
Act to require that all Federal lithographic printing be
performed using ink made from vegetable oil and materials
derived from other renewable resources, and for other
purposes; with an amendment (Rept. No. 103-625, Pt. 1).
Ordered to be printed.
Mr. DINGELL: Committee on Energy and Commerce. H.R. 4535. A
bill to amend the Securities Exchange Act of 1934 with
respect to the extension of unlisted trading privileges for
corporate securities, and for other purposes (Rept. No. 103-
626). Referred to the Committee of the Whole House on the
State of the Union.
Mr. DERRICK: Committee on Rules. House Resolution 494.
Resolution providing for the consideration of the bill (H.R.
4801) to amend the Small Business Act, and for other purposes
(Rept. No. 103-627). Referred to the House Calendar.
Mr. MOAKLEY: Committee on Rules House Resolution 495.
Resolution providing for consideration of a concurrent
resolution waiving the requirement in section 132 of the
Legislative Reorganization Act of 1946 that the Congress
adjourn sine die not later than July 31 of each year (Rept.
No. 103-628). Referred to the House Calendar.
Mr. MONTGOMERY: Committee on Veterans' Affairs. H.R. 4724.
A bill to amend title 38, United States Code, relating to
veterans housing programs, and for other purposes (Rept. No.
103-629). Referred to the Committee of the Whole House on the
State of the Union.
Mr. MONTGOMERY: Committee on Veterans' Affairs. H.R. 4776.
A bill to amend title 38, United States Code, to improve
veterans' employment programs, and for other purposes (Rept.
No. 103-630). Referred to the Committee of the Whole House on
the State of the Union.
Mr. MONTGOMERY: Committee on Veterans' Affairs. H.R. 4768.
A bill to amend title 38, United States Code, to make changes
in veterans' education programs, and for other purposes; with
an amendment (Rept. No. 103-631, Pt. 1). Ordered to be
printed.
Para. 85.29 subsequent action on a reported bill sequentially referred
Under clause 5 of rule X, the following action was taken by the
Speaker:
Referral to the Committee on Ways and Means of H.R. 4003
extended for a period ending not later than July 29, 1994.
Para. 85.30 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BOEHLERT:
H.R. 4846. A bill to amend the Internal Revenue Code of
1986 to provide that the unearned income of children
attributable to personal injury awards shall not be taxed at
the marginal rate of the parents; to the Committee on Ways
and Means.
By Mr. DeFAZIO (for himself, Mr. Swift, Mr. Dicks, Mr.
Kopetski, Ms. Furse, Mr. Kreidler, Mr. McDermott, Ms.
Cantwell, Mrs. Unsoeld, Mr. Wyden, and Mr. Inslee):
H.R. 4847. A bill to provide for the reconstitution of
outstanding repayment obligations of the Administrator of the
Bonneville Power Administration for the appropriated capital
investments in the Federal Columbia River Power System; to
the Committee on Natural Resources.
By Mr. DICKEY:
H.R. 4848. A bill to control crime; to the Committee on the
Judiciary.
By Mr. HAMILTON (for himself (by request), Mr. Gilman,
Mr. Lantos, Mr. Berman, Mr. Swift, and Mr. Oxley):
H.R. 4849. A bill to implement the obligations of the
United States under the Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Chemical
Weapons and on their destruction, known as ``the Chemical
Weapons Convention'' and opened for signature and signed by
the United States on January 13, 1993; jointly, to the
Committees on Foreign Affairs, the Judiciary, and Energy and
Commerce.
By Mr. ISTOOK (for himself and Mr. Inhofe):
H.R. 4850. A bill to require Congress to comply with the
laws it imposes on others; jointly, to the Committees on
House Administration, Education and Labor, the Judiciary,
Government Operations, and Rules.
By Ms. EDDIE BERNICE JOHNSON of Texas (for herself, Mr.
Frank of Massachusetts, Mrs. Meek of Florida, Mr.
Bacchus of Florida, Mr. Emerson, Mr. Meehan, Mr.
Skeen, Mr. McDermott, Mr. Montgomery, Mr. Rangel, Ms.
DeLauro, Mrs. Thurman, Miss Collins of Michigan, Mr.
Wynn, Ms. Waters, Mr. Lewis of Georgia, Mrs. Clayton,
Mr. Watt, Mr. Hastings, Mr. Scott, Mr. Payne of New
Jersey, Mr. Owens, Ms. McKinney, Mr. Hilliard, Ms.
Norton, Mr. Tucker, Mr. Wheat, Mr. Stokes, Mr.
Thompson, Mr. Clyburn, Mr. Jefferson, Mr. Fields of
Louisiana, Mr. Mfume, Mr. Conyers, Mr. Flake, Mr.
Edwards of Texas, Mr. Frost, Mr. Tejeda, Mr. Bryant,
Mr. Sarpalius, Mr. Wilson, Mr. Laughlin, Mr. Pete
Geren of Texas, Mr. Gene Green of Texas, Mr. Coleman,
Mr. Hall of Texas, Mr. Pickle, Mr. Ortiz, Mr.
Chapman, Mr. Andrews of Texas, Mr. de la Garza, Mr.
Gonzalez, Mr. Brooks, Mr. Washington, and Mr.
Stenholm):
H.R. 4851. A bill to waive the time limitation specified by
law for the award of certain military decorations in order to
allow the posthumous award of the Congressional Medal of
Honor to Doris Miller for actions while a member of the Navy
during World War II; to the Committee on Armed Services.
By Mr. MANTON (for himself, Mr. Young of Alaska, and
Mr. Studds):
H.R. 4852. A bill to provide congressional approval of a
Governing International Fishery Agreement; to the Committee
on Merchant Marine and Fisheries.
By Mr. STUDDS (for himself, Mr. Reed, and Mr. Hughes):
H.R. 4853. A bill to amend the National Sea Grant College
Program Act and the Coastal Zone Management Act of 1972 to
enhance marine aquaculture in the United States, and for
other purposes; to the Committee on Merchant Marine and
Fisheries.
By Mr. STUDDS (for himself and Mr. Young of Alaska):
H.R. 4854. A bill to amend the National Aquaculture Act of
1980 to promote the development of the aquaculture industry
in the United States, and for other purposes; jointly, to the
Committees on Merchant Marine and Fisheries and Agriculture.
By Mr. VISCLOSKY (for himself, Mr. Roemer, Mr. Myers of
Indiana, Ms. Long, Mr. Buyer, Mr. McCloskey, Mr.
Hamilton, Mr. Jacobs, Mr. Sharp, and Mr. Burton of
Indiana):
H.R. 4855. A bill to amend title 23, United States Code, to
provide for the use of certain highway funds for improvements
to railway-highway crossings; to the Committee on Public
Works and Transportation.
By Mr. NADLER:
H.R. 4856. A bill to improve the Nation's health care by
creating a comprehensive medical malpractice prevention
program through the creation of independent, publicly
accountable State medical boards and more stringent licensing
and discipline procedures; to empower health consumers by
mandating reporting of certain information regarding health
care providers and professionals and by enhancing informed
individual choice regarding health care services by providing
certain information to consumers; and for other purposes; to
the Committee on Energy and Commerce.
By Mr. DORNAN:
H.J. Res. 394. Joint resolution declaring that the preborn
are persons entitled to the guarantees contained in the
fifth, thirteenth, and fourteenth amendments to the
Constitution of the United States of America and prohibiting
abortion within the United States; to the Committee on the
Judiciary.
By Mr. ACKERMAN (for himself, Mr. Gilman, Mr. Lantos,
Mr. Torricelli, Mr. Mfume, Mr. Serrano, and Mr.
Bereuter):
H. Res. 496. Resolution condemning the terrorist attack on
the Delegation of Argentine-Israeli Associations on July 18,
1994, the terrorist attack on a Panamanian commuter plane on
July 20, 1994, and the terrorist bombings near the Israeli
Embassy and a building housing Israeli and Jewish
organizations in London on July 26, 1994; to the Committee on
Foreign Affairs.
By Mr. SAXTON (for himself and Mr. Dellums):
H. Res. 497. Resolution concerning the situation in Rwanda;
to the Committee on Foreign Affairs.
By Mr. SCOTT (for himself, Mr. Stark, Mr. McDermott,
Mr. Miller of California, Mr. Owens, Ms. McKinney,
Ms. Pelosi, Mr. Farr, Mr. Tucker, Ms. Woolsey, Mr.
Dellums, Mr. Watt, Mr. Stokes, Mr. Hilliard, and Mr.
Romero-Barcelo):
H. Res. 498. Resolution making in order, in the
consideration by the House of Representatives of H.R. 3600--
the Health Security Act--an amendment providing for an
[[Page 1402]]
AMCARE plan that makes available a Government-sponsored, fee-
for-service nationwide health plan to almost all eligible
individuals not covered under large group health plans; to
the Committee on Rules.
Para. 85.31 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 44: Mr. Lehman.
H.R. 65: Mr. Farr.
H.R. 106: Mr. Foglietta.
H.R. 127: Mr. Conyers, Mr. Nussle, Mr. Hoagland, Mr. Brown
of California, Ms. Velazquez, Mr. Volkmer, Ms. English of
Arizona, and Mr. Rogers.
H.R. 146: Mr. Canady.
H.R. 157: Mr. Taylor of North Carolina.
H.R. 166: Mr. Coppersmith.
H.R. 417: Mr. Bunning.
H.R. 494: Mr. Franks of New Jersey.
H.R. 657: Mr. Zimmer.
H.R. 662: Mr. Zimmer and Mr. Dornan.
H.R. 743: Mr. Coppersmith.
H.R. 790: Mr. Coppersmith.
H.R. 999: Mrs. Byrne.
H.R. 1080: Mr. Ewing, Mr. Franks of Connecticut, and Mr.
Livingston.
H.R. 1099: Mr. Zimmer.
H.R. 1126: Mr. Canady.
H.R. 1128: Mr. Dornan.
H.R. 1129: Mr. Canady.
H.R. 1164: Mr. Lantos.
H.R. 1168: Mr. Kyl, Mr. Coppersmith, and Mr. Roemer.
H.R. 1319: Mr. Zimmer.
H.R. 1551: Mr. Pete Geren of Texas and Mr. Abercrombie.
H.R. 1604: Ms. Schenk.
H.R. 1621: Mr. Roemer.
H.R. 1627: Mr. Rose.
H.R. 1809: Ms. Woolsey.
H.R. 1816: Mr. Dickey.
H.R. 1955: Mr. Sanders, Mr. Swett, Ms. Furse, Mr. Neal of
North Carolina, and Mr. Nadler.
H.R. 2219: Mr. Zimmer.
H.R. 2275: Mr. Roemer.
H.R. 2340: Mrs. Collins of Illinois.
H.R. 2376: Mr. Knollenberg and Mr. Roemer.
H.R. 2467: Mr. Darden and Mr. Rush.
H.R. 2569: Mr. Zimmer.
H.R. 2648: Mr. Durbin, Mr. Hall of Ohio, Mr. Watt, Mr.
Barrett of Wisconsin, Mr. Serrano, Mr. Gene Green of Texas,
Ms. Valazquez, Ms. Brown of Florida, and Mr. Brown of
California.
H.R. 2680: Mr. Coppersmith.
H.R. 2898: Mr. Conyers.
H.R. 3064: Mr. Dooley, Mr. Calvert, and Mr. Hansen.
H.R. 3270: Mr. Waxman, Mr. Studds, Mr. Clay, Mr. Lantos,
Ms. Eddie Bernice Johnson of Texas, Mr. Jacobs, Mr. Wheat,
and Mr. Chapman.
H.R. 3293: Mr. Hancock and Mr. McCloskey.
H.R. 3392: Mr. Borski, Mr. Grams, Mr. Hyde, Mrs. Clayton,
and Mr. Gallo.
H.R. 3596: Mr. Condit.
H.R. 3634: Mr. Coppersmith.
H.R. 3691: Mr. Canady.
H.R. 3692: Mr. Schaefer.
H.R. 3780: Mr. Portman.
H.R. 3862: Mr. Shuster.
H.R. 3866: Mr. Lehman.
H.R. 3871: Mr. Porter.
H.R. 3875: Mr. Blute.
H.R. 3966: Mrs. Morella.
H.R. 3971: Mr. McNulty.
H.R. 3987: Mr. Neal of Massachusetts.
H.R. 4116: Mr. Hastings, Mr. Studds, Mr. Rangel, and Mr.
Clement.
H.R. 4162: Ms. Velazquez.
H.R. 4214: Mr. Foglietta.
H.R. 4326: Mr. Hancock.
H.R. 4361: Mr. Mineta and Mr. Hoyer.
H.R. 4370: Mr. Engel and Mr. Ackerman.
H.R. 4386: Mr. Chapman, Mr. McNulty, and Mrs. Clayton.
H.R. 4412: Ms. Lambert.
H.R. 4413: Mr. Bacchus of Florida.
H.R. 4419: Mr. Allard.
H.R. 4570: Mr. Jefferson, Mr. Hilliard, Mr. Evans, Mr.
Wynn, Mr. Lantos, and Mr. Hoagland.
H.R. 4590: Mr. Yates, Mr. McMillan, Mr. Beilenson, Mr.
Clyburn, Mr. DeFazio, Mr. Hunter, Mr. Whitten, Ms. Velazquez,
Ms. Waters, Mr. Nadler, Mr. Barlow, Mr. Hochbrueckner, Mr.
Towns, Mr. Fish, Mr. Dornan, Mr. Burton of Indiana, Mr. Farr,
Mr. Diaz-Balart, Ms. Margolies-Mezvinsky, Mr. Mazzoli, Mr.
McCloskey, and Mr. Meehan.
H.R. 4592: Mr. Smith of Michigan.
H.R. 4618: Mr. Jacobs and Mr. Rangel.
H.R. 4657: Mr. Quinn.
H.R. 4669: Mr. Jacobs, Mr. Rangel, and Mr. Sensenbrenner.
H.R. 4695: Mr. Hastings.
H.R. 4696: Ms. Velazquez and Mr. Evans.
H.R. 4739: Mr. Barrett of Wisconsin.
H.R. 4741: Mr. de Lugo and Mr. Faleomavaega.
H.R. 4767: Mr. Thompson and Mr. Mfume.
H.R. 4787: Mr. Hastings.
H.R. 4788: Mr. Gene Green of Texas.
H.R. 4791: Mr. Cox and Mr. Walker.
H.R. 4802: Mr. Cooper, Mr. Lewis of Florida, Mr. Studds,
Mr. Emerson, Mr. Brown of California, Mr. Spratt, Mr. Hobson,
Mr. Stark, and Mr. Moran.
H.R. 4803: Mrs. Mink of Hawaii, Mrs. Unsoeld, Mr. Hastings,
Ms. Lowey, Mr. Watt, Mr. Edwards of California, Mr. Filner,
and Mr. Frank of Massachusetts.
H.R. 4830: Mr. McHugh, Mr. Barrett of Nebraska, and Mr.
Duncan.
H.R. 4833: Mr. Faleomavaega.
H.R. 4841: Ms. Lowey.
H.J. Res.: 352: Mr. Lewis of Georgia, Ms. Lowey, Mr.
McCollum, Mrs. Meek of Florida, Mr. Murphy, Mr. Owens, Mr.
Payne of New Jersey, Mr. Mineta, Mr. Parker, Ms. Brown of
Florida, Mr. Borski, Mr. Klink, Mr. Kildee, Ms. Collins of
Michigan, Mr. Skeen, Mr. Stark, Mr. Sarpalius, Mr. Thornton,
Mr. Wheat, Mr. Schumer, Mr. Traficant, Mr. Evans, Mr. Fazio,
Mr. Upton, Mr. Serrano, Mr. Matsui, Mr. Doolittle, Mr. Leach,
Mr. Wyden, Mr. Jefferson, Mr. Johnson of South Dakota, Ms.
Kaptur, Mr. Vento, Mr. Frost, Mr. Stupak, Mr. Scott, Mr.
Martinez, Mr. Sawyer, Mr. Callahan, Mr. Cardin, Mr. Engel,
Mr. Richardson, Mr. Wynn, Mr. Klein, Mr. Romero-Barcelo, Mr.
Rahall, Mr. Franks of Connecticut, Mr. Dingell, Ms. Roybal-
Allard, Mr. Young of Alaska, Mr. Ravenel, Mr. Towns, Mr. de
Lugo, Mr. Pickle, Mr. Neal of Massachusetts, Mr. Emerson, Mr.
Kleczka, Mr. Hughes, Mr. Synar, Mr. Pickett, Mrs. Unsoeld,
Mr. Pastor, Mr. Hefner, Mr. Clay, Mr. Washington, Mr. Tucker,
Mr. Gene Green of Texas, Mr. Gonzalez, Mr. Andrews of New
Jersey, Mr. Barcia of Michigan, Ms. English of Arizona, and
Mr. Kreidler.
H.J. Res. 366: Mr. Abercrombie, Mr. Ackerman, Mr. Andrews
of Maine, Mr. Baesler, Mr. Barrett of Wisconsin, Mr. Bateman,
Mr. Beilenson, Mrs. Bentley, Mr. Berman, Mr. Bilbray, Mr.
Blute, Mr. Brewster, Mr. Bunning, Mr. Buyer, Mr. Calvert, Mr.
Cramer, Mr. Crapo, Ms. Danner, Mr. Deal, Ms. DeLauro, Mr.
DeLay, Mr. de Lugo, Mr. Deutsch, Mr. Diaz-Balart, Mr. Dixon,
Mr. Duncan, Mr. Engel, Mr. Fingerhut, Ms. Furse, Mr.
Gephardt, Mr. Gillmor, Mr. Gingrich, Mr. Goodlatte, Mr.
Gordon, Mr. Hastings, Mr. Hefner, Mr. Hoagland, Mr. Hobson,
Mr. Hutto, Mr. Jacobs, Mr. Johnson of South Dakota, Mr. Sam
Johnson, Ms. Kaptur, Mr. Kasich, Mr. Kennedy, Mr. Lantos, Mr.
LaRocco, Mr. Leach, Mr. Lightfoot, Mr. McDade, Mr. Meehan,
Mrs. Meek of Florida, Mr. Montgomery, Mr. Murtha, Mr. Neal of
North Carolina, Mr. Oberstar, Mr. Olver, Mr. Oxley, Mr.
Pallone, Mr. Payne of New Jersey, Mr. Peterson of Florida,
Mr. Petri, Mr. Pickett, Mr. Price of North Carolina, Mr.
Ramstad, Mr. Ravenel, Mr. Regula, Mr. Roemer, Mr. Sabo, Mr.
Sarpalius, Mr. Saxton, Ms. Schenk, Mr. Schiff, Mr. Schumer,
Mr. Shaw, Mr. Skelton, Mr. Slattery, Ms. Snowe, Mr. Spratt,
Mr. Stump, Mr. Sundquist, Mr. Swett, Mrs. Thurman, Mr.
Torricelli, Mr. Volkmer, Mrs. Vucanovich, Mr. Wynn, and Mr.
Young of Florida.
H. Con. Res. 110: Mr. Baker of California and Mr. Lipinski.
H. Con. Res. 148: Mr. Greenwood.
H. Con. Res. 212: Mr. Watt.
H. Con. Res. 234: Mr. Abercrombie, Ms. Eshoo, Mr. Klug,
Mrs. Lloyd, Mr. Pastor, Ms. Pelosi, and Ms. Shepherd.
H. Con. Res. 268: Mrs. Bentley, Mr. Coble, Mr. Saxton, and
Mr. Young of Alaska.
H. Con. Res. 269: Mr. Franks of New Jersey and Mr. Upton.
H. Res. 117: Mr. Coppersmith.
H. Res. 213: Mr. Canady.
H. Res. 291: Mr. Sisisky and Mr. Istook.
H. Res. 430: Mr. Bacchus of Florida and Mr. Hilliard.
H. Res. 434: Mr. Frost and Ms. Dunn.
H. Res. 481: Mr. McCollum.
H. Res. 485: Ms. Eshoo.
Para. 85.32 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 4497: Mr. Inglis of South Carolina.
.
FRIDAY, JULY 29, 1994 (86)
The House was called to order by the SPEAKER.
Para. 86.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Thursday, July 28, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 86.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3584. A letter from the Comptroller, Department of Defense,
transmitting a report of a violation of the Anti-Deficiency
Act which occurred in the Department of the Army, pursuant to
31 U.S.C. 1517(b); to the Committee on Appropriations.
3585. A letter from the Comptroller, Department of Defense,
transmitting a report of a violation of the Anti-Deficiency
Act which occurred in the Department of the Army, pursuant to
31 U.S.C. 1517(b); to the Committee on Appropriations.
3586. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-289,
``District of Columbia Workers' Compensation Act of 1979
Amendment Act of 1994,'' pursuant to D.C. Code, section 1-
233(c)(1); to the Committee on the District of Columbia.
3587. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-290,
``Retired Police Officer Redeployment Salary Limit Amendment
Act of 1994,'' pursuant to D.C. Code, section 1-233(c)(1); to
the Committee on the District of Columbia.
[[Page 1403]]
3588. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-291,
``District of Columbia Taxicab Commission Establishment Act
of 1985 Amendment Act of 1994,'' pursuant to D.C. Code,
section 1-233(c)(1); to the Committee on the District of
Columbia.
3589. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-292,
``Compensation Merit Personnel Reemployed Annuitant Amendment
Act of 1994,'' pursuant to D.C. Code, section 1-233(c)(1); to
the Committee on the District of Columbia.
3590. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-293,
``National Voter Registration Act Conforming Amendment Act of
1994,'' pursuant D.C. Code, section 1-233(c)(1); to the
Committee on the District of Columbia.
3591. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-294,
``Policemen and Firemen's Retirement Relief Board Amendment
Act of 1994,'' pursuant D.C. Code, section 1-233(c)(1); to
the Committee on the District of Columbia.
3592. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-295, ``Lie
Detector Tests for Pre-Employment Investigations Temporary
Amendment Act of 1994,'' pursuant D.C. Code, section 1-
233(c)(1); to the Committee on the District of Columbia.
3593. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-296, ``Rental
Housing Conversion and Sale Act of 1980 Reenactment and
Amendment Temporary Act of 1994,'' pursuant to D.C. Code,
section 1-233(c)(1); to the Committee on the District of
Columbia.
3594. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-301,
``District of Columbia Association Attraction and Retention
Act of l994,'' pursuant to D.C. Code, section 1-233(c)(1); to
the Committee on the District of Columbia.
3595. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-302,
``Technical Amendments Act of 1994,'' pursuant to D.C. Code,
section 1-233(c)(1); to the Committee on the District of
Columbia.
3596. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting copies of the original
report of political contributions by David George Newton, of
Virginia, to be Ambassador to the Republic of Yemen, and
members of his family, pursuant to 22 U.S.C. 3944(b)(2); to
the Committee on Foreign Affairs.
3597. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a memorandum of
Justification for Presidential Determination (94-34)
regarding the drawdown of defense articles and services from
the stocks of DOD for emergency military assistance to the
Dominican Republic, pursuant to Public Law 101-513, section
547(a) (104 Stat. 2019); to the Committee on Foreign Affairs.
3598. A communication from the President of the United
States, transmitting a report on Federally funded
international exchange programs and training activities of
the U.S. Government, pursuant to Public Law 013-236, section
229(a); to the Committee on Foreign Affairs.
3599. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a report on the
transfer of property to the Republic of Panama under the
Panama Canal Treaty of 1977 and related agreements, pursuant
to 22 U.S.C. 3784(b); jointly, to the Committees on Foreign
Affairs and Merchant Marine and Fisheries.
3600. A letter from the Acting Director, Office of
Management and Budget, transmitting a draft of proposed
legislation to provide, in accordance with the Federal
Advisory Committee Act, for the repeal of advisory committees
no longer carrying out the purposes for which they were
established; jointly, to the Committees on Government
Operations; Agriculture; Natural Resources; Armed Services;
Science, Space, and Technology; Energy and Commerce;
Education and Labor; the Judiciary; and Public Works and
Transportation.
Para. 86.3 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed with amendments in which the concurrence of
the House is requested, bills of the House of the following titles:
H.R. 4602. An Act making appropriations for the Department
of the Interior and related agencies for the fiscal year
ending September 30, 1995, and for other purposes; and
H.R. 4603. An Act making appropriations for the Departments
of Commerce, Justice, and State, the Judiciary, and related
agencies programs for the fiscal year ending September 30,
1995, and making supplemental appropriations for these
departments and agencies for the fiscal year ending September
30, 1994, and for other purposes.
The message also announced that the Senate insisted upon its
amendments to the bill (H.R. 4602) ``An Act making appropriations for
the Department of the Interior and related agencies for the fiscal year
ending September 30, 1995, and for other purposes,'' requested a
conference with the House on the disagreeing votes of the two Houses
thereon, and appointed Mr. Byrd, Mr. Johnston, Mr. Leahy, Mr. DeConcini,
Mr. Bumpers, Mr. Hollings, Mr. Reid, Mrs. Murray, Mr. Nickles, Mr.
Stevens, Mr. Cochran, Mr. Domenici, Mr. Gorton, Mr. Hatfield, and Mr.
Burns to be the conferees on the part of the Senate.
The message also announced that the Senate insisted upon its
amendments to the bill (H.R. 4603) ``An Act making appropriations for
the Departments of Commerce, Justice, and State, the Judiciary, and
related agencies programs for the fiscal year ending September 30, 1995,
and making supplemental appropriations for these departments and
agencies for the fiscal year ending September 30, 1994, and for other
purposes,'' requested a conference with the House on the disagreeing
votes of the two Houses thereon, and appointed Mr. Hollings, Mr. Byrd,
Mr. Inouye, Mr. Bumpers, Mr. Lautenberg, Mr. Sasser, Mr. Kerrey, Mr.
Domenici, Mr. Stevens, Mr. Hatfield, Mr. McConnell, Mr. Cochran, and Mr.
Gramm, to be the conferees on the part of the Senate.
Para. 86.4 words taken down
Ms. WATERS during one minute speeches addressed the House and, during
the course of her remarks,
Mr. SENSENBRENNER demanded that certain words be taken down.
The Clerk read the words taken down as follows:
He had to be gaveled out of order because he badgered a
woman who was a witness from the White House, Maggie
Williams. I am pleased I was able to come to her defense.
Madam Chairwoman, the day is over when men can badger and
intimidate women.
The SPEAKER said:
``While in the opinion of the Chair the word ``badgering'' is not in
itself unparliamentary, the Chair believes that the demeanor of the
gentlewoman from California was not in good order in the subsequent
period immediately following those words having been uttered.
``Accordingly, the Chair rules that without leave of the House, the
gentlewoman from California may not proceed for the rest of today. The
Chair would ask whether there is objection to the gentlewoman from
California receiving the right to proceed in good order.''.
By unanimous consent, Ms. WATERS was permitted to proceed in order.
Para. 86.5 providing for the consideration of h. con. res. 275
Mr. MOAKLEY, by direction of the Committee on Rules, called up the
following resolution (H. Res. 495):
Resolved, That upon the adoption of this resolution it
shall be in order to consider in the House a concurrent
resolution waiving the requirement in section 132 of the
Legislative Reorganization Act of 1946 that the Congress
adjourn sine die not later than July 31 of each year. The
previous question shall be considered as ordered on the
concurrent resolution to final adoption without intervening
motion.
When said resolution was considered.
After debate,
On motion of Mr. MOAKLEY, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 86.6 waiving adjournment requirement
Mr. MOAKLEY, pursuant to House Resolution 495, called up following
concurrent resolution (H. Con. Res. 275):
Resolved by the House of Representatives (the Senate
concurring), That, notwithstanding the provisions of section
132(a)(1) of the Legislative Reorganization Act of 1946 (2
U.S.C. 198), the House of Representatives and the Senate
shall not adjourn for a period in excess of three days, or
adjourn sine die, until both Houses of Congress have adopted
a concurrent resolution providing either for an adjournment
(in excess of three days) to a day certain or for adjournment
sine die.
When said concurrent resolution was considered.
The previous question having been ordered by said resolution.
The question being put, viva voce,
Will the House agree to said concurrent resolution?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that the
yeas had it.
So the concurrent resolution was agreed to.
A motion to reconsider the vote whereby said concurrent resolution
[[Page 1404]]
was agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
Para. 86.7 providing for the consideration of h.r. 4801
Mr. MOAKLEY, by direction of the Committee on Rules, called up the
following resolution (H. Res. 494):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 4801) to amend the Small Business Act, and for
other purposes. The first reading of the bill shall be
dispensed with. All points of order against consideration of
the bill are waived. General debate shall be confined to the
bill and the amendments made in order by this resolution and
shall not exceed one hour equally divided and controlled by
the chairman and ranking minority member of the Committee on
Small Business. After general debate the bill shall be
considered for amendment under the five-minute rule. In lieu
of the amendments recommended by the Committee on Small
Business now printed in the bill, it shall be in order to
consider as an original bill for the purpose of amendment
under the five-minute rule an amendment in the nature of a
substitute consisting of the text of the bill modified by the
amendments recommended by the Committee on Small Business now
printed in the bill and by the additional amendments printed
in part 1 of the report of the Committee on Rules
accompanying this resolution. That amendment in the nature of
a substitute shall be considered as read. No other amendment
shall be in order except those printed in part 2 of the
report of the Committee on Rules. Each amendment may be
offered only in the order printed in the report, may be
offered only by a Member designated in the report, shall be
considered as read, shall be debatable for the time specified
in the report equally divided and controlled by the proponent
and an opponent, shall not be subject to amendment except as
specified in the report, and shall not be subject to a demand
for division of the question in the House or in the Committee
of the Whole. All points of order against the amendments
printed in the report are waived. At the conclusion of
consideration of the bill for amendment the Committee shall
rise and report the bill to the House with such amendments as
may have been adopted. Any Member may demand a separate vote
in the House on any amendment adopted in the Committee of the
Whole to the bill or to the amendment in the nature of a
substitute made in order as original text. The previous
question shall be considered as ordered on the bill and
amendments thereto to final passage without intervening
motion except one motion to recommit with or without
instructions.
When said resolution was considered.
After debate,
Mr. DERRICK moved the previous question on the resolution to its
adoption or rejection.
The question being put, viva voce,
Will the House now order the previous question?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that the
yeas had it.
Mr. SOLOMON objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
215
When there appeared
<3-line {>
Nays
169
Para. 86.8 [Roll No. 364]
YEAS--215
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Baesler
Barca
Barlow
Barrett (WI)
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Chapman
Clayton
Clyburn
Coleman
Collins (IL)
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Foglietta
Ford (MI)
Frank (MA)
Frost
Furse
Gejdenson
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lantos
LaRocco
Lehman
Levin
Lewis (GA)
Lipinski
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Richardson
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Tanner
Taylor (MS)
Tejeda
Thompson
Thurman
Torres
Torricelli
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--169
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Huffington
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Lancaster
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McHugh
McInnis
Meyers
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Paxon
Penny
Peterson (MN)
Petri
Pombo
Porter
Portman
Pryce (OH)
Quinn
Ramstad
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Talent
Tauzin
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--50
Bacchus (FL)
Becerra
Boehner
Brooks
Carr
Clay
Clement
Collins (MI)
Dickey
Flake
Ford (TN)
Gallegly
Gallo
Gephardt
Geren
Gibbons
Glickman
Grandy
Hansen
Houghton
Hutto
Inhofe
Inslee
Kyl
Laughlin
Livingston
Lloyd
McDade
McKeon
McMillan
Mica
Murphy
Owens
Pickle
Quillen
Ravenel
Reynolds
Ridge
Roemer
Rowland
Shaw
Slattery
Smith (IA)
Stark
Sundquist
Synar
Thornton
Towns
Washington
Wheat
So the previous question on the resolution was ordered.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that the
yeas had it.
Mr. SOLOMON demanded a recorded vote on agreeing to said resolution,
which demand was supported by one-fifth of a quorum, so a recorded vote
was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
221
<3-line {>
affirmative
Nays
161
Para. 86.9 [Roll No. 365]
AYES--221
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Chapman
Clayton
Clyburn
Coleman
Collins (IL)
Conyers
[[Page 1405]]
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Foglietta
Ford (MI)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lehman
Levin
Lewis (GA)
Lipinski
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Richardson
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Tanner
Tejeda
Thompson
Thurman
Torres
Torricelli
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOES--161
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hancock
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Huffington
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McHugh
McInnis
Meyers
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quinn
Ramstad
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Santorum
Schaefer
Schiff
Sensenbrenner
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--52
Bacchus (FL)
Bateman
Becerra
Boehner
Carr
Clay
Clement
Collins (MI)
Dickey
Flake
Ford (TN)
Gallegly
Gallo
Geren
Glickman
Grandy
Hansen
Houghton
Hutto
Inhofe
Inslee
Kyl
Laughlin
Livingston
Lloyd
McDade
McDermott
McKeon
McMillan
Mica
Murphy
Owens
Pickle
Quillen
Ravenel
Reynolds
Ridge
Roemer
Roth
Rowland
Saxton
Schroeder
Shaw
Slattery
Smith (IA)
Sundquist
Synar
Thomas (WY)
Thornton
Towns
Washington
Wheat
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 86.10 adjournment over
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at
10:30 a.m. on Monday, August 1, 1994.
Para. 86.11 calendar wednesday business dispensed with
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, August
3, 1994, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
Para. 86.12 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. INSLEE, for today; and
To Mr. CLEMENT, for today after 2 p.m.
And then,
Para. 86.13 adjournment
On motion of Mr. WOLF, pursuant to the special order heretofore agreed
to, at 3 o'clock and 4 minutes p.m., the House adjourned until 10:30
a.m. on Monday, August 1, 1994.
Para. 86.14 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. GIBBONS: Committee on Ways and Means. H.R. 4003. A bill
to authorize appropriations for fiscal year 1995 for certain
maritime programs of the Department of Transportation, to
amend the Merchant Marine Act, 1936, as amended, to
revitalize the U.S.-flag merchant marine, and for other
purposes; with an amendment (Rept. No. 103-544, Pt. 2).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. BROWN of California: Committee on Science, Space, and
Technology. H.R. 4008. A bill to authorize appropriations for
the National Oceanic and Atmospheric Administration for
fiscal years 1994 and 1995, and for other purposes; with an
amendment (Rept. No. 103-583, Pt. 2). Referred to the
Committee of the Whole House on the State of the Union.
Mr. GIBBONS: Committee on Ways and Means. H.R. 3396. A bill
to amend the Employee Retirement Income Security Act of 1974
and the Internal Revenue Code of 1986 to provide security for
workers, to improve pension plan funding, to limit growth in
insurance exposure, to protect the single-employer plan
termination insurance program, and for other purposes; with
an amendment (Rept. No. 103-632, Pt. 1). Ordered to be
printed.
Para. 86.15 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. ISTOOK (for himself, Mr. Horn, Mr. Canady, Mr.
Zimmer, Mr. Levy, Mr. Upton, and Mr. McHale):
H.R. 4857. A bill to make small business concerns eligible
to participate in the health benefits program under chapter
89 of title 5, United States Code; jointly, to the Committees
on Energy and Commerce, Post Office and Civil Service, and
Education and Labor.
By Mr. MARKEY (for himself and Mr. Fields of Texas):
H.R. 4858. A bill to amend the Securities Act of 1933 and
the Investment Company Act of 1940 to promote capital
formation for small businesses and others through exempted
offerings under the Securities Act and through investment
pools that are excepted or exempted from regulation under the
Investment Company Act of 1940 and through business
development companies; to the Committee on Energy and
Commerce.
By Mr. SMITH of New Jersey:
H.R. 4859. A bill to amend the Solid Waste Disposal Act to
provide congressional authorization of State control over
transportation and disposal of municipal solid waste, and for
other purposes; to the Committee on Energy and Commerce.
By Mr. GEPHARDT (for himself, Mr. Obey, Mr. Wheat, Mr.
Andrews of Maine, Mr. Frank of Massachusetts, Mr.
Sarpalius, Mr. Hughes, Mr. Rahall, Mr. Frost, Mr.
Clay, Mr. Kanjorski, Mr. Barrett of Wisconsin, Mr.
Brown of Ohio, Mr. DeFazio, Mr. Deutsch, Mr. Evans,
Mr. Filner, Mr. Hinchey, Mr. Johnson of South Dakota,
Ms. Kaptur, Mr. Kleczka, Mrs. Meek of Florida, Mr.
Poshard, Mr. Stupak, Mrs. Thurman, Mr. Vento, Mr.
Pomeroy, Mr. Bryant, and Mr. Torres):
H.R. 4860. A bill to amend the Internal Revenue Code of
1986 to improve the collection of taxes of U.S. persons
moving production abroad and foreign persons doing business
in the United States, and for other purposes; to the
Committee on Ways and Means.
By Mr. ZELIFF (for himself, Mr. Kasich, Mr. Mica, Mr.
Allard, Mr. Armey, Mr. Blute, Mr. Boehner, Mr. Burton
of Indiana, Mr. Cox, Mr. Hancock, Mr. Herger, Mr.
Kolbe, Mr. Linder, Mr. Livingston, Mr. McCollum, Mr.
Miller of Florida, Mr. Shays, Mr. Smith of Michigan,
Mr.
[[Page 1406]]
Solomon, Mr. Zimmer, and Mr. Gekas):
H.R. 4861. A bill to provide for the consolidation of
Federal employment assistance programs, to provide increased
notice of the availability of the earned income tax credit,
and to repeal the temporary FUTA surtax; jointly, to the
Committees on Education and Labor, Veterans' Affairs, Ways
and Means, and Agriculture.
By Mr. de la GARZA (for himself, Mr. Roberts, Mr. Rose,
Mr. Lewis of Florida, Mr. Vento, and Mr. Miller of
California):
H.J. Res. 395. Joint resolution to proclaim August 9, 1994
as ``Smokey Bear's 50th Anniversary''; to the Committee on
Post Office and Civil Service.
By Mr. MOAKLEY:
H. Con. Res. 275. Concurrent resolution waiving the
requirement in section 132 of the Legislative Reorganization
Act of 1946 that the Congress adjourn sine die not later than
July 31 of each year; considered and agreed to.
Para. 86.16 private bills and resolutions
Under clause 1 of rule XXII, private bills and resolutions were
introduced and severally referred as follows:
By Mr. ROSE:
H.R. 4862. A bill for the relief of Inslaw, Inc., a
Delaware Corporation, and William A. Hamilton and Nancy
Hamilton, individually; to the Committee on the Judiciary.
By Mr. TAUZIN:
H.R. 4863. A bill to authorize the sale and reregistration
of certain vessels; to the Committee on Merchant Marine and
Fisheries.
Para. 86.17 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 25: Mr. Synar.
H.R. 50: Ms. Pelosi, Mr. Foglietta, Mr. Sanders, and Mr.
Waxman.
H.R. 147: Mr. Canady.
H.R. 174: Ms. Brown of Florida.
H.R. 214: Mr. Canady, Mr. Dornan, and Mr. Coppersmith.
H.R. 229: Mr. Barlow.
H.R. 441: Ms. Schenk.
H.R. 566: Mr. Livingston.
H.R. 657: Mr. Dornan.
H.R. 799: Mr. Santorum.
H.R. 957: Mr. Vento.
H.R. 961: Mr. Barca of Wisconsin.
H.R. 1080: Mr. Combest.
H.R. 1110: Mrs. Bentley and Mr. Blute.
H.R. 1171: Mr. Hilliard.
H.R. 1286: Ms. Margolies-Mezvinsky, Mr. Klink, and Ms.
Schenk.
H.R. 1322: Mr. Rogers.
H.R. 1483: Mr. Roemer.
H.R. 1500: Mr. Martinez, Ms. Roybal-Allard, and Mr. Klug.
H.R. 1518: Mr. Kingston, Mr. Stearns, and Mr. Zimmer.
H.R. 1604: Mr. Kyl.
H.R. 1607: Ms. Schenk.
H.R. 1887: Mr. Roemer.
H.R. 2014: Mr. Roemer.
H.R. 2019: Mr. Towns.
H.R. 2092: Mr. Meehan, Mr. Rose, Mr. Hochbrueckner, Mr.
Machtley, and Mr. Hoagland.
H.R. 2227: Mr. Barrett of Wisconsin.
H.R. 2512: Mr. Crane.
H.R. 2680: Mr. Zimmer.
H.R. 3128: Mr. Roemer.
H.R. 3163: Mr. Klug, Mr. Kingston, Mr. Hamilton, and Ms.
Margolies-Mezvinsky.
H.R. 3270: Mr. Smith of Oregon, Mr. McDermott, Mrs. Meek of
Florida, Mr. Gordon, Mr. Levin, Mr. Becerra, and Mr. Skeen.
H.R. 3457: Mr. Roemer.
H.R. 3523: Ms. Schenk and Mr. Ortiz.
H.R. 3560: Mr. Schaefer.
H.R. 3712: Mr. Skelton.
H.R. 3716: Mr. Kyl.
H.R. 3814: Mr. Portman.
H.R. 3913: Mr. Schaefer.
H.R. 3951: Ms. Danner, Mr. Bevill, and Mr. Combest.
H.R. 3958: Mr. Zimmer.
H.R. 3967: Mr. McHale.
H.R. 4040: Mr. Clyburn, Mr. Conyers, and Mr. Boucher.
H.R. 4088: Mr. Bilirakis.
H.R. 4091: Mr. Jefferson and Ms. Roybal-Allard.
H.R. 4138: Mr. Rogers.
H.R. 4162: Mr. Faleomavaega and Mr. Deutsch.
H.R. 4198: Mr. McCollum.
H.R. 4230: Mr. Lewis of Georgia.
H.R. 4386: Mr. Hall of Texas and Mrs. Byrne.
H.R. 4411: Mr. Scott.
H.R. 4413: Mr. Farr.
H.R. 4421: Mr. Gallegly.
H.R. 4517: Mr. Evans.
H.R. 4684: Mrs. Morella and Mr. Frank of Massachusetts.
H.R. 4699: Mr. Jefferson, Mr. Pastor, and Mr. Johnston of
Florida.
H.R. 4702: Mr. McDade, Mr. Gene Green of Texas, and Mr.
Levy.
H.R. 4739: Ms. Lowey and Ms. Velazquez.
H.R. 4767: Mr. Sanders.
H.R. 4805: Mr. Glickman.
H.R. 4831: Mr. Saxton.
H.R. 4844: Private Bill.
H.J. Res. 1: Mr. Andrews of Maine.
H.J. Res. 287: Mr. Fish, Mr. Smith of New Jersey, Mr. Levy,
Mr. Fingerhut, Mr. Flake, Mr. Dellums, Mr. Stupak, Mr. Price
of North Carolina, Mr. Hastings, Mr. Kreidler, Mr.
Washington, Mr. Diaz-Balart, Mr. Sangmeister, Mr. Walsh, Mr.
Slattery, Mr. Emerson, Mr. Young of Florida, Mr. Romero-
Barcelo, Mr. Skeen, Mrs. Fowler, Mr. Bateman, and Mr. Gilman.
H.J. Res. 337: Ms. Eddie Bernice Johnson of Texas, Mr.
Bateman, Mr. Durbin, Mr. Rowland, Mrs. Morella, Mr.
Jefferson, Mr. Price of North Carolina, Mr. Clement, Mr.
Hughes, Mr. Gingrich, Ms. Cantwell, Mr. Meehan, Mr. Hastings,
Mr. Skeen, Mr. Montgomery, Mr. Hefner, Mr. Blute, and Ms.
Margolies-Mezvinsky.
H. Con. Res. 166: Mr. Sam Johnson, Mr. Hinchey, Mr.
Underwood, Mr. Ortiz, Mr. Minge, and Mr. McCandless.
H. Con. Res. 223: Mr. Hastings, Mr. Gejdenson, and Mr. de
la Garza.
H. Con. Res. 246: Mr. Ackerman, Mr. de Lugo, Mr. Blackwell,
Mr. Farr, Mr. Conyers, Mr. Faleomavaega, Mr. Underwood, Mrs.
Mink of Hawaii, Mr. Hilliard, Mr. Oberstar, Mr. Murphy, Mr.
McCloskey, Mrs. Byrne, Mr. Stokes, Mr. Gejdenson, and Mr.
Watt.
H. Con. Res. 249: Mr. Matsui, Mr. King, Mr. Smith of New
Jersey, Mr. Dellums, Mr. Frost, Mr. Beilenson, Mr. Frank of
Massachusetts, Mr. Gordon, Mr. McCloskey, Mr. Royce, Mr.
Waxman, Mr. McDade, Mr. Rohrabacher, Mrs. Maloney, Mr.
Bilbray, Mr. Solomon, Mr. Schiff, Mr. Bateman, Mr. Nadler,
Mr. Saxton, Mrs. Unsoeld, Mr. Serrano, Mr. Berman, Mr. Evans,
Mr. Zimmer, and Mr. Shays.
H. Con. Res. 256: Mr. Greenwood.
H. Con. Res. 270: Mr. Smith of Oregon, Mr. Duncan, Mr.
Livingston, Mr. Bereuter, Mr. Callahan, Mr. Hancock, Mr.
Gilchrest, Mr. Roberts, Mr. Barrett of Nebraska, Mr. Blute,
Mr. Istook, and Mr. Bartlett of Maryland.
H. Res. 266: Mr. Canady.
H. Res. 389: Mr. Valentine, Mr. Meehan, Mr. Clement, Mr.
Rahall, Mr. Sharp, Mr. Yates, Ms. McKinney, Mr. Sangmeister,
Mr. Hastings, Mr. Shays, Mr. Watt, Ms. DeLauro, Mr. Poshard,
Mr. Kasich, and Ms. Margolies-Mezvinsky.
H. Res. 430: Mr. Deutsch.
H. Res. 472: Mr. Franks of New Jersey, Mr. Miller of
Florida, and Mr. Upton.
.
MONDAY, AUGUST 1, 1994 (87)
Para. 87.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
MONTGOMERY, at 10:30 o'clock a.m., who laid before the House the
following communication:
Washington, DC,
August 1, 1994.
I hereby designate the Honorable G.V. (Sonny) Montgomery to
act as Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Whereupon, pursuant to the order of the House of Friday, February 11,
1994, and Friday, June 10, 1994, Members were recognized for ``morning
hour'' debates.
Para. 87.2 recess--10:39 a.m.
The SPEAKER pro tempore, Mr. HASTINGS, pursuant to clause 12 of rule
I, declared the House in recess at 10 o'clock and 39 minutes p.m., until
12 o'clock noon.
Para. 87.3 after recess--12:00 noon
The SPEAKER pro tempore, Mr. MONTGOMERY, called the House to order.
Para. 87.4 approval of the journal
The SPEAKER pro tempore, Mr. MONTGOMERY, announced he had examined and
approved the Journal of the proceedings of Friday, July 29, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 87.5 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3601. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to Russia, pursuant to 12
U.S.C. 635(b)(3)(i); to the Committee on Banking, Finance and
Urban Affairs.
3602. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-303,
``District of Columbia Solid Waste Management and Multi-
Material Recycling Act of 1988 Amendment Act of 1994,''
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on the District of Columbia.
3603. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-304,
``Professional License Fee Amendment Act of 1994,'' pursuant
to D.C. Code, section 1-233(c)(1); to the Committee on the
District of Columbia.
3604. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-305,
``Trinity Religious Temple Church Equitable Real Property Tax
Relief Act of 1994,'' pursuant to D.C. Code, section 1-
233(c)(1); to the Committee on the District of Columbia.
3605. A letter from the Chairman, Council of the District
of Columbia, transmitting a
[[Page 1407]]
copy of D.C. Act 10-306, ``Carolina Missionary Baptist Church
Equitable Real Property Tax Relief Act of 1994,'' pursuant to
D.C. Code, section 1-233(c)(1); to the Committee on the
District of Columbia.
3606. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-307, ``Christ
Church Washington Parish Episcopal Church Equitable Real
Property Tax Relief Act of 1994,'' pursuant to D.C. Code,
section 1-233(c)(1); to the Committee on the District of
Columbia.
3607. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-308, ``Saints
Constantine and Helen Greek Orthodox Church Equitable Real
Property Tax Relief Act of 1994,'' pursuant to D.C. Code,
section 1-233(c)(1); to the Committee on the District of
Columbia.
3608. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-309,
``Michigan Park Christian Church Equitable Real Property Tax
Relief Act of 1994,'' pursuant to D.C. Code, section 1-
233(c)(1); to the Committee on the District of Columbia.
3609. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-310, ``Old
Pentecostal Church Temple of Truth Equitable Real Property
Tax Relief Act of 1994,'' pursuant to D.C. Code, section 1-
233(c)(1); to the Committee on the District of Columbia.
3610. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-312,
``Roadway, Alley and Sidewalk Improvement Act of 1994,''
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on the District of Columbia.
3611. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-313, ``First
Church of Christ Scientist Equitable Real Property Tax Relief
Act of 1994,'' pursuant to D.C. Code, section 1-233(c)(1); to
the Committee on the District of Columbia.
3612. A letter from the Director, Defense Security
Assistance Agency, transmitting notification of the
Department of the Air Force's proposed Letter(s) of Offer and
Acceptance [LOA] to the Coordination Council for North
America Affairs (Transmittal No. 94-43), pursuant to 22
U.S.C. 2776(b); to the Committee on Foreign Affairs.
3613. A letter from the Defense Security Assistance Agency,
transmitting notification of the Department of the Air
Force's proposed Letter(s) of Offer and Acceptance [LOA] to
Turkey for defense articles and services (Transmittal No. 94-
33), pursuant to 22 U.S.C. 2776(b); to the Committee on
Foreign Affairs.
3614. A letter from the Director, Defense Security
Assistance Agency, transmitting notification of the
Department of the Navy's proposed Letter(s) of Offer and
Acceptance [LAO] to Turkey for defense articles and services
(Transmittal No. 94-30), pursuant to 22 U.S.C. 2776(b); to
the Committee on Foreign Affairs.
3615. A letter from the Director, Defense Security
Assistance Agency, transmitting notification of the
Department of the Navy's proposed Letter(s) of Offer and
Acceptance [LAO] to Turkey for defense articles and services
(Transmittal No. 94-31), pursuant to 22 U.S.C. 2776(b); to
the Committee on Foreign Affairs.
3616. A communication from the President of the United
States transmitting notification of the expansion of
capabilities at the Kigali airport to support the UNHCR
relief operation more effectively (H. Doc. No. 103-288); to
the Committee on Foreign Affairs and ordered to be printed.
3617. A letter from the Acting Director, Office of
Management and Budget transmitting a report by OMB for pay-
as-you-go calculations for Public Law No. 103-283 (H.R.
4454), pursuant to Public Law 101-508; section 13101(a) (104
Stat. 1388-582); to the Committee on Government Operations.
3618. A letter from the Acting Director, Office of
Management and Budget, transmitting a report by OMB for pay-
as-you-go calculations for Public Law No. 103-281 (S. 1402),
pursuant to Public Law 101-508; section 13101(a) (104 Stat.
1388-582); to the Committee on Government Operations.
3619. A letter from the Comptroller General, General
Accounting Office, transmitting the list of all reports
issued or released in June 1994, pursuant to 31 U.S.C.
719(h); to the Committee on Government Operations.
Para. 87.6 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed a resolution of the following title, in which
the concurrence of the House is requested:
S. Res. 246
Resolved, That the Senate has heard with profound sorrow
and deep regret the announcement of the death of the
Honorable Hugh Scott, formerly a Senator from the State of
Pennsylvania.
Resolved, That the Secretary communicate these resolutions
to the House of Representatives and transmit an enrolled copy
thereof to the family of the deceased.
Resolved, That when the Senate recesses today, it recess as
a further mark of respect to the memory of the deceased
Senator.
The message also announced that the Senate had passed without
amendment a concurrent resolution of the House of the following title:
H. Con. Res. 275. Concurrent resolution waiving the
requirement in section 132 of the Legislative Reorganization
Act of 1946 that the Congress adjourn sine die not later than
July 31 of each year.
Para. 87.7 submission of conference report--h.r. 4426
Mr. YATES submitted a conference report (Rept. No. 103-633) on the
bill (H.R. 4426) making appropriatons for foreign operations, export
financing, and related programs for the fiscal year ending September 30,
1995; together with a statement thereon, for printing in the Record
under the rule.
Para. 87.8 communication from the clerk--message from the president
The SPEAKER pro tempore, Mr. MONTGOMERY, laid before the House a
communication, which was read as follows:
Washington, DC,
August 1, 1994.
Hon. Thomas S. Foley,
The Speaker,
U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, I have the honor to transmit a sealed
envelope received from the White House on Friday, July 29,
1994 at 4:05 p.m. and said to contain a message from the
President whereby he transmits the final report on the
economic emergency declared on September 30, 1990.
With great respect, I am
Sincerely yours,
Donnald K. Anderson,
Clerk, U.S. House of Representatives.
Para. 87.9 national emergency with respect to export controls
The Clerk then read the message from the President, as follows:
To the Congress of the United States:
1. On September 30, 1990, in Executive Order No. 12730, President
Bush declared a national emergency under the International Emergency
Economic Powers Act (``IEEPA'') (50 U.S.C. 1701 et seq.) to deal with
the threat to the national security and foreign policy of the United
States resulting from the lapse of the Export Administration Act of
1979, as amended (50 U.S.C. App. 2401 et seq.), and the system of
controls maintained under that Act. In that order, the President
continued in effect, to the extent permitted by law, the provisions of
the Export Administration Act of 1979, as amended, the Export
Administration Regulations (15 C.F.R. 768 et seq.), and the delegations
of authority set forth in Executive Order No. 12002 of July 7, 1977,
Executive Order No. 12214 of May 2, 1980, and Executive Order No. 12131
of May 4, 1979, as amended by Executive Order No. 12551 of February 21,
1986.
2. President Bush issued Executive Order No. 12730 pursuant to the
authority vested in him as President by the Constitution and laws of
the United States, including IEEPA, the National Emergencies Act
(``NEA'') (50 U.S.C. 1601 et seq.), and section 301 of title 3 of the
United States Code. At that time, the President also submitted a report
to the Congress pursuant to section 204(b) of the IEEPA (50 U.S.C.
1703(b)). On March 27, 1993, the Export Administration Act was extended
through June 30, 1994. Subsequently, on September 30, 1993, I issued
Executive Order No. 12867, terminating Executive Order No. 12730.
3. Section 401(c) of the NEA additionally requires the submission of
a final report on all expenditures incurred during the period of
emergency. This report, covering the period from September 30, 1990, to
September 30, 1993, is submitted in compliance with this requirement.
4. The expenses incurred by the Federal Government in the 3-year
period from September 30, 1990, to September 30, 1993, that are
directly attributable to the exercise of authorities conferred by the
declaration of a national emergency with respect to export controls
were largely centered in the Department of Commerce, Bureau of Export
Administration. Expenditures by the Department of Commerce are
estimated to have been $117,720,000, most of which represented program
operating costs, wage and salary costs for Federal personnel, and
overhead expenses.
William J. Clinton.
The White House, July 29, 1994.
The SPEAKER pro tempore, Mr. FRANK, by unanimous consent, referred the
message to the Committee on Foreign Affairs and ordered that it be
printed (H. Doc. 103-287).
[[Page 1408]]
Para. 87.10 veterans' education program
Mr. MONTGOMERY moved to suspend the rules and pass the bill (H.R.
4768) to amend title 38, United States Code, to make changes in
veterans's education programs, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. FRANK, recognized Mr. MONTGOMERY and Mr.
STUMP, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. FRANK, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 87.11 veterans' employment program
Mr. MONTGOMERY moved to suspend the rules and pass the bill (H.R.
4776) to amend title 38, United States Code, to improve veterans'
employment programs, and for other purposes.
The SPEAKER pro tempore, Mr. FRANK, recognized Mr. MONTGOMERY and Mr.
STUMP, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. FRANK, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 87.12 veterans' housing programs
Mr. MONTGOMERY moved to suspend the rules and pass the bill (H.R.
4724) to amend title 38, United States Code, relating to veterans
housing programs, and for other purposes.
The SPEAKER pro tempore, Mr. FRANK, recognized Mr. MONTGOMERY and Mr.
STUMP, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. FRANK, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 87.13 recess--12:23 p.m.
The SPEAKER pro tempore, Mr. FRANK, pursuant to clause 12 of rule I,
declared the House in recess at 12 o'clock and 23 minutes p.m., for five
minutes.
Para. 87.14 after recess--12:30 p.m.
The SPEAKER pro tempore, Mr. SANGMEISTER, called the House to order.
Para. 87.15 unlisted trading privileges
Mr. MARKEY moved to suspend the rules and pass the bill (H.R. 4535) to
amend the Securites Exchange Act of 1934 with respect to the extension
of unlisted trading privileges for corporate securities, and for other
purposes.
The SPEAKER pro tempore, Mr. SANGMEISTER, recognized Mr. MARKEY and
Mr. FIELDS, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. SANGMEISTER, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 87.16 u.s. mia's from cyprus
Mr. HAMILTON moved to suspend the rules and pass the bill (H.R. 2826)
to provide for an investigation of the whereabouts of the United States
citizens and others who have been missing from Cyprus since 1974; as
amended.
The SPEAKER pro tempore, Mr. SANGMEISTER, recognized Mr. HAMILTON and
Mr. GILMAN each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. SANGMEISTER, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 87.17 helsinki human rights day
Mr. HAMILTON moved to suspend the rules and pass the joint resolution
of the Senate (S.J. Res. 195) to designate August 1, 1994, as ``Helsinki
Human Rights Day''.
The SPEAKER pro tempore, Mr. SANGMEISTER, recognized Mr. HAMILTON and
Mr. GILMAN each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said joint resolution?
The SPEAKER pro tempore, Mr. SANGMEISTER, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said joint resolution was passed.
A motion to reconsider the vote whereby the rules were suspended and
said joint resolution was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
Para. 87.18 transfer of naval vessels
Mr. HAMILTON moved to suspend the rules and agree to the following
resolution (H. Res. 499):
Resolved, That upon the adoption of this resolution the
bill (H.R. 4429) (to authorize the transfer of naval vessels
to certain foreign countries) with the Senate amendments
thereto, shall be considered to have been taken from the
Speaker's table to the end that--
(1) the Senate amendments numbered 1 through 11 be, and the
same are hereby, agreed to; and
(2) the Senate amendment number 12 be, and the same is
hereby, agreed to with an amendment as follows:
(A) Page 2, beginning on line 13, strike ``or any other
provision of law''.
(B) Page 3, strike line 3 and all that follows through line
9.
The SPEAKER pro tempore, Mr. SANGMEISTER, recognized Mr. HAMILTON and
Mr. GILMAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said resolution?
The SPEAKER pro tempore, Mr. SANGMEISTER, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said resolution was agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
[[Page 1409]]
Para. 87.19 yakima river conservation
Mr. MILLER of California moved to suspend the rules and pass the bill
(H.R. 1690) to authorize certain elements of the Yakima River Basin
Water Enhancement Project, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. SANGMEISTER, recognized Mr. MILLER of
California and Mr. ALLARD, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. SANGMEISTER, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 87.20 lowell national historical park
Mr. VENTO moved to suspend the rules and pass the bill (H.R. 4448) to
amend the Act establishing Lowell National Historical Park, and for
other purposes; as amended.
The SPEAKER pro tempore, Mr. SANGMEISTER, recognized Mr. VENTO and Mr.
ALLARD, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. SANGMEISTER, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. ALLARD demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. SANGMEISTER, pursuant to clause 5, rule
I, announced that further proceedings on the motion were postponed.
Para. 87.21 new bedford whaling historic park
Mr. VENTO moved to suspend the rules and pass the bill (H.R. 3898) to
establish the New Bedford Whaling National Historical Park in New
Bedford, Massachusetts, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. SANGMEISTER, recognized Mr. VENTO and Mr.
ALLARD, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. SANGMEISTER, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 87.22 lower east side tenement historic site
Mr. VENTO moved to suspend the rules and pass the bill (H.R. 4158) to
establish the Lower East Side Tenement Museum National Historic Site; as
amended.
The SPEAKER pro tempore, Mr. SANGMEISTER, recognized Mr. VENTO and Mr.
ALLARD, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. SANGMEISTER, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. ALLARD demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. SANGMEISTER, pursuant to clause 5, rule
I, announced that further proceedings on the motion were postponed.
Para. 87.23 recess--2:10 p.m.
The SPEAKER pro tempore, Mr. SANGMEISTER, pursuant to clause 12 of
rule I, declared the House in recess at 2 o'clock and 10 minutes p.m.,
until 4:45 p.m.
Para. 87.24 after recess--4:45 p.m.
The SPEAKER pro tempore, Mr. CARDIN, called the House to order.
Para. 87.25 permission to file report
On motion of Mr. de la GARZA, by unanimous consent, the Committee on
Agriculture was granted permission until midnight tonight to file a
report (Rept. No. 103-649) on the bill (H.R. 4217) to reform the Federal
crop insurance program, and for other purposes; together with a
statement thereon, for printing in the Record under the rule.
Para. 87.26 military construction appropriations
Mr. HEFNER called up the following conference report (Rept. No. 103-
624):
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the Senate to the bill (H.R.
4453) making appropriations for military construction for the
Department of Defense for the fiscal year ending September
30, 1995, and for other purposes, having met, after full and
free conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the Senate recede from its amendments numbered 17, 26,
28, and 33.
That the House recede from its disagreement to the
amendments of the Senate numbered 4, 9, 12, 22, and 25, and
agree to the same.
Amendment numbered 1:
That the House recede from its disagreement to the
amendment of the Senate numbered 1, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$550,476,000; and the Senate agree to the same.
Amendment numbered 2:
That the House recede from its disagreement to the
amendment of the Senate numbered 2, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$66,126,000; and the Senate agree to the same.
Amendment numbered 3:
That the House recede from its disagreement to the
amendment of the Senate numbered 3, and agree to the same
with a amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$385,110,000; and the Senate agree to the same.
Amendment numbered 5:
That the House recede from its disagreement to the
amendment of the Senate numbered 5, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$516,813,000; and the Senate agree to the same.
Amendment numbered 7:
That the House recede from its disagreement to the
amendment of the Senate numbered 7, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$504,118,000; and the Senate agree to the same.
Amendment numbered 11:
That the House recede from its disagreement to the
amendment of the Senate numbered 11, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$249,056,000; and the Senate agree to the same.
Amendment numbered 18:
That the House recede from its disagreement to the
amendment of the Senate numbered 18, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$170,002,000; and the Senate agree to the same.
Amendment numbered 21:
That the House recede from its disagreement to the
amendment of the Senate numbered 21, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$267,465,000; and the Senate agree to the same.
Amendment numbered 30:
That the House recede from its disagreement to the
amendment of the Senate numbered 30, and agree to the same
with an amendment, as follows:
Restore the matter stricken by the Senate, amended as
follows:
In lieu of the section designation ``Sec. 125.'' in said
amendment, insert: Sec. 126. and delete the matter proposed
by the Senate.
And the Senate agree to the same.
The committee of conference report in disagreement
amendments numbered 6, 8, 10, 13, 14, 15, 16, 19, 20, 23, 24,
27, 29, 31, and 32.
W.G. Bill Hefner,
Thomas Foglietta,
Carrie P. Meek,
Norman D. Dicks,
Julian C. Dixon,
Vic Fazio,
[[Page 1410]]
Steny H. Hoyer,
Ronald D. Coleman,
David R. Obey,
Barbara F. Vucanovich,
Sonny Callahan,
Helen Delich Bentley,
David L. Hobson,
Jospeh M. McDade,
Managers on the Part of the House.
Jim Sasser,
Daniel K. Inouye,
Harry Reid,
Herb Kohl,
Robert C. Byrd,
Slade Gorton,
Ted Stevens,
Mitch McConnell,
Mark O. Hatfield,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
On motion of Mr. HEFNER, the previous question was ordered on the
conference report to its adoption or rejection and, under the operation
thereof, the conference report was agreed to.
Para. 87.27 amendments in disagreement
The House then proceeded to the consideration of the following
amendments of the Senate reported in disagreement numbered 6, 8, 10, 13,
14, 15, 16, 19, 20, 23, 24, 27, 29, 31, and 32.
On motion of Mr. HEFNER, the House receded from its disagreement to
the amendment of the Senate numbered 6 and concurred therein with the
following amendment:
In lieu of the sum stricken and inserted by said amendment,
insert $49,386,000.
On motion of Mr. HEFNER, the House receded from its disagreement to
the amendment of the Senate numbered 8 and concurred therein.
On motion of Mr. HEFNER, the House receded from its disagreement to
the amendment of the Senate numbered 10 and concurred therein with the
following amendment:
In lieu of the sum stricken and inserted by said amendment,
insert ``$188,062,000''.
On motion of Mr. HEFNER, the House receded from its disagreement to
the amendment of the Senate numbered 13 and concurred therein with the
following amendment:
In lieu of the sum stricken and inserted by said amendment,
insert $57,370,000.
On motion of Mr. HEFNER, the House receded from its disagreement to
the amendment of the Senate numbered 14 and concurred therein.
On motion of Mr. HEFNER, the House receded from its disagreement to
the amendment of the Senate numbered 15 and concurred therein with the
following amendment:
In lieu of the sum stricken and inserted by said amendment,
insert $22,748,000.
On motion of Mr. HEFNER, the House receded from its disagreement to
the amendment of the Senate numbered 16 and concurred therein with the
following amendment:
In lieu of the sum stricken and inserted by said amendment,
insert $57,066,000.
On motion of Mr. HEFNER, the House receded from its disagreement to
the amendment of the Senate numbered 19 and concurred therein with the
following amendment:
In lieu of the sum stricken and inserted by said amendment,
insert $1,013,708,000.
On motion of Mr. HEFNER, the House receded from its disagreement to
the amendment of the Senate numbered 20 and concurred therein with the
following amendment:
In lieu of the sum stricken and inserted by said amendment,
insert $1,183,710,000.
On motion of Mr. HEFNER, the House receded from its disagreement to
the amendment of the Senate numbered 23 and concurred therein with the
following amendment:
In lieu of the sum stricken and inserted by said amendment,
insert $1,205,064,000.
On motion of Mr. HEFNER, the House receded from its disagreement to
the amendment of the Senate numbered 24 and concurred therein with the
following amendment:
In lieu of the sum stricken and inserted by said amendment,
insert ``$277,444,000''.
On motion of Mr. HEFNER, the House receded from its disagreement to
the amendment of the Senate numbered 27 and concurred therein with the
following amendment:
In lieu of the sum stricken and inserted by said amendment,
insert ``$1,102,289,000''.
On motion of Mr. HEFNER, the House insisted on its disagreement to the
amendment of the Senate numbered 29.
On motion of Mr. HEFNER, the House receded from its disagreement to
the amendment of the Senate numbered 31 and concurred therein with the
following amendment:
Restore the matter stricken by the Senate, amended as
follows:
In lieu of the section designation ``Sec. 126.'', insert
``Sec. 127.'' and retain the matter proposed by the Senate,
amended as follows:
In lieu of the section designation ``Sec. 126.'', insert:
``Sec. 128.''.
On motion of Mr. HEFNER, the House receded from its disagreement to
the amendment of the Senate numbered 32 and concurred therein with the
following amendment:
In lieu of the section designation ``Sec. 127.'', insert
``Sec. 129.''.
A motion to reconsider the votes whereby the foregoing conference
report and motions were agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
Para. 87.28 energy and water appropriations
On motion of Mr. BEVILL, by unanimous consent, the bill (H.R. 4506)
making appropriations for energy and water development for the fiscal
year ending September 30, 1995, and for other purposes; together with
the amendments of the Senate thereto, was taken from the Speaker's
table.
When on motion of Mr. BEVILL, it was,
Resolved, That the House disagree to the amendments of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Ordered, That the Clerk notify the Senate thereof.
Para. 87.29 motion to instruct conferees--h.r. 4506
Mr. MYERS moved that the managers on the part of the House at the
conference on the disagreeing votes of the two Houses on H.R. 4506, be
instructed to insist upon the provisions contained in the House bill
under the heading ``General Science and Research Activities'' that
provide $279,399,000 for high energy physics facility operating
expenses.
Pending consideration of said motion,
The SPEAKER pro tempore, Mr. CARDIN, pursuant to clause 1(b), rule
XXVIII, divided the time for debate equally among Messrs. BEVILL, MYERS,
and SHARP.
After debate,
The question being put, viva voce,
Will the House now order the previous question on said motion?
The SPEAKER pro tempore, Mr. HASTINGS, announced that the nays had it.
Mr. MYERS objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
171
When there appeared
<3-line {>
Nays
209
Para. 87.30 [Roll No. 366]
YEAS--171
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baker (CA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bereuter
Bevill
Bilbray
Bilirakis
Blackwell
Bliley
Boehner
Bonilla
Boucher
Brooks
Browder
Brown (CA)
Brown (FL)
Bryant
Burton
Buyer
Callahan
Calvert
Camp
Canady
Chapman
Clement
Clinger
Combest
Cox
Cramer
Crane
Crapo
Cunningham
Darden
DeLay
Dickey
Dixon
Doolittle
Dornan
Dreier
Dunn
Durbin
Ehlers
Emerson
Everett
Ewing
Fawell
Fazio
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Geren
Gibbons
Gingrich
Gonzalez
Goodling
Goss
Gunderson
Gutierrez
Hancock
Hansen
Hastert
Hayes
Herger
Hilliard
Hochbrueckner
Horn
Houghton
Hoyer
Huffington
Hutchinson
Hutto
Hyde
Inslee
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Kasich
Kim
Kolbe
Kopetski
Kyl
LaRocco
Leach
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Lipinski
Livingston
Lloyd
Lucas
Manzullo
Mazzoli
McCollum
McCrery
McDade
McKeon
Meek
Mica
Michel
Mineta
Molinari
Mollohan
Montgomery
Moorhead
Murphy
Myers
Ortiz
Oxley
Packard
Parker
Pastor
Peterson (FL)
Pickett
Pombo
Porter
Quillen
Rahall
Rangel
[[Page 1411]]
Roberts
Rogers
Rohrabacher
Rostenkowski
Rowland
Rush
Sangmeister
Saxton
Schaefer
Schiff
Shaw
Shuster
Skeen
Smith (IA)
Smith (OR)
Smith (TX)
Solomon
Spence
Stump
Sundquist
Swift
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thornton
Torres
Torricelli
Tucker
Vucanovich
Walker
Walsh
Weldon
Wilson
Wise
Wolf
Yates
Young (AK)
Young (FL)
NAYS--209
Abercrombie
Allard
Andrews (ME)
Andrews (NJ)
Baesler
Barca
Barlow
Barrett (WI)
Beilenson
Bentley
Berman
Bishop
Blute
Bonior
Borski
Brewster
Brown (OH)
Bunning
Byrne
Cantwell
Cardin
Castle
Clayton
Coble
Collins (GA)
Cooper
Coppersmith
Costello
Coyne
Danner
de la Garza
Deal
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dooley
Duncan
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fields (LA)
Filner
Fingerhut
Flake
Ford (MI)
Frank (MA)
Furse
Gejdenson
Gephardt
Gilchrest
Gillmor
Gilman
Goodlatte
Gordon
Grandy
Green
Greenwood
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings
Hefley
Hefner
Hinchey
Hoagland
Hobson
Hoekstra
Hoke
Holden
Hughes
Inglis
Jacobs
Johnson (GA)
Johnson (SD)
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
King
Kingston
Kleczka
Klein
Klink
Klug
Kreidler
LaFalce
Lambert
Lancaster
Lantos
Lazio
Lehman
Levin
Levy
Lewis (GA)
Linder
Long
Lowey
Maloney
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
McCandless
McCloskey
McCurdy
McDermott
McHale
McHugh
McInnis
McKinney
McNulty
Meehan
Menendez
Meyers
Mfume
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Moran
Morella
Neal (NC)
Nussle
Oberstar
Obey
Olver
Orton
Pallone
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Petri
Pomeroy
Poshard
Price (NC)
Pryce (OH)
Quinn
Ramstad
Ravenel
Reed
Regula
Richardson
Roemer
Ros-Lehtinen
Roth
Roukema
Roybal-Allard
Royce
Sabo
Sarpalius
Sawyer
Schenk
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shays
Shepherd
Sisisky
Skaggs
Slaughter
Smith (NJ)
Snowe
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Swett
Synar
Talent
Tanner
Tauzin
Thurman
Torkildsen
Towns
Traficant
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Williams
Woolsey
Wyden
Wynn
Zimmer
NOT VOTING--54
Ackerman
Baker (LA)
Becerra
Boehlert
Carr
Clay
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
DeFazio
Dingell
Fish
Foglietta
Ford (TN)
Frost
Gallo
Glickman
Grams
Hamburg
Hunter
Inhofe
Istook
Jefferson
Knollenberg
Laughlin
Machtley
Mann
McMillan
Murtha
Nadler
Neal (MA)
Owens
Peterson (MN)
Pickle
Portman
Reynolds
Ridge
Rose
Sanders
Santorum
Schroeder
Skelton
Slattery
Smith (MI)
Stupak
Thomas (WY)
Thompson
Washington
Wheat
Whitten
Zeliff
So the previous question on the motion to instruct the managers on the
part of the House was not ordered.
Mr. SHARP offered the following amendment to the motion to instruct:
Insert before the period at the end of the following: and
to insist upon the provisions contained in the House bill
that provide funds for the Advanced Liquid Metal Reactor, the
Integral Fast Reactor, and the Actinide Recycle Program only
for purposes of program termination
After debate,
On motion of Mr. SHARP, the previous question was ordered on the
foregoing amendment and motion to instruct.
The question being put, viva voce,
Will the House agree to said amendment?
The SPEAKER pro tempore, Mr. HASTINGS, announced that the yeas had it.
The question being put, viva voce,
Will the House agree to said motion to instruct, as amended?
The SPEAKER pro tempore, Mr. HASTINGS, announced that the yeas had it.
So the motion to instruct the managers on the part of the House, as
amended, was agreed to.
A motion to reconsider the vote whereby said motion, as amended, was
agreed to was, by unanimous consent, laid on the table.
Para. 87.31 appointment of conferees--h.r. 4506
Thereupon, the SPEAKER pro tempore, Mr. HASTINGS, by unanimous
consent, announced the appointment of Messrs. Bevill, Fazio, Chapman,
Peterson of Florida, Pastor, Mrs. Meek, Messrs. Obey, Myers, Gallo,
Rogers, and McDade, as managers on the part of the House at said
conference.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 87.32 h.r. 4448--unfinished business
The SPEAKER pro tempore, Mr. HASTINGS, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and pass the bill (H.R. 4448) to amend the Act establishing Lowell
National Historical Park, and for other purposes; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
221
<3-line {>
negative
Nays
160
Para. 87.33 [Roll No. 367]
YEAS--221
Abercrombie
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Blute
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Chapman
Clayton
Clement
Clyburn
Condit
Coppersmith
Coyne
Danner
Darden
de la Garza
Deal
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Ford (MI)
Frank (MA)
Franks (NJ)
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamilton
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Houghton
Hoyer
Hughes
Hutto
Inslee
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lehman
Levin
Lewis (CA)
Lewis (GA)
Lipinski
Lloyd
Lowey
Maloney
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCrery
McCurdy
McDade
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Morella
Murphy
Oberstar
Obey
Olver
Ortiz
Orton
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Pickett
Pomeroy
Price (NC)
Quinn
Rahall
Rangel
Ravenel
Reed
Richardson
Roemer
Rostenkowski
Rowland
Roybal-Allard
Sabo
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Slaughter
Smith (IA)
Smith (NJ)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tauzin
Taylor (MS)
Tejeda
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Zeliff
NAYS--160
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baker (CA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cooper
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Gallegly
Gekas
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grandy
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Huffington
Hutchinson
Hyde
Inglis
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (FL)
[[Page 1412]]
Lewis (KY)
Lightfoot
Linder
Livingston
Long
Lucas
Manzullo
McCandless
McCollum
McHugh
McInnis
McKeon
Meyers
Mfume
Mica
Michel
Miller (FL)
Mineta
Molinari
Moorhead
Moran
Myers
Neal (NC)
Nussle
Packard
Paxon
Petri
Pombo
Porter
Poshard
Pryce (OH)
Quillen
Ramstad
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Tanner
Taylor (NC)
Thomas (CA)
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zimmer
NOT VOTING--53
Ackerman
Baker (LA)
Becerra
Boehlert
Carr
Clay
Coleman
Collins (IL)
Collins (MI)
Conyers
DeFazio
DeLay
Dingell
Fish
Foglietta
Ford (TN)
Frost
Gallo
Glickman
Grams
Hamburg
Harman
Hunter
Inhofe
Istook
Jefferson
Knollenberg
Laughlin
Machtley
Mann
McMillan
Murtha
Nadler
Neal (MA)
Owens
Oxley
Peterson (MN)
Pickle
Portman
Reynolds
Ridge
Rose
Rush
Sanders
Santorum
Skelton
Slattery
Smith (MI)
Thomas (WY)
Thompson
Washington
Wheat
Whitten
So, two-thirds of the Members present having not voted in favor
thereof, the rules were not suspended and said bill, as amended, was not
passed.
Para. 87.34 providing for the consideration of h.r. 4003
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-646) the resolution (H. Res. 500) providing for the
consideration of the bill (H.R. 4003) to authorize appropriations for
fiscal year 1995 for certain maritime programs of the Department of
Transportation, to amend the Merchant Marine Act, 1936, as amended, to
revitalize the United States-flag merchant marine, and for other
purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 87.35 providing for the consideration of s. 1357
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-647) the resolution (H. Res. 501) providing for the
consideration of the bill of the Senate (S. 1357) to reaffirm and
clarify the Federal relationships of the Little Traverse Bay Bands of
Odawa Indians and the Little River Bank of Ottawa Indians as distinct
federally recognized Indian tribes, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 87.36 providing for the consideration of s. 1066
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-648) the resolution (H. Res. 502) providing for the
consideration of the Senate bill (S. 1066) to restore Federal services
to the Pokagon Band of Potawatomi Indians.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 87.37 h.r. 4158--unfinished business
The SPEAKER pro tempore, Mr. HASTINGS, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 4158) to establish the Lower East Side
Tenement Museum National Historic Site; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
154
<3-line {>
negative
Nays
226
Para. 87.38 [Roll No. 368]
YEAS--154
Abercrombie
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Barlow
Beilenson
Berman
Bilbray
Bishop
Blackwell
Bonior
Borski
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Byrne
Cantwell
Cardin
Clayton
Clement
Clyburn
Coppersmith
Coyne
Danner
Darden
de la Garza
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dixon
Durbin
Edwards (CA)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Flake
Ford (MI)
Frank (MA)
Furse
Gejdenson
Gephardt
Gilman
Gonzalez
Green
Gutierrez
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Houghton
Hoyer
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kleczka
Klein
Klink
Kopetski
Kreidler
Lancaster
Lantos
LaRocco
Levin
Lewis (GA)
Lowey
Maloney
Manton
Markey
Martinez
McDermott
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Molinari
Mollohan
Murphy
Neal (NC)
Oberstar
Olver
Ortiz
Pallone
Pastor
Payne (NJ)
Pelosi
Rahall
Rangel
Reed
Richardson
Ros-Lehtinen
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Skaggs
Slaughter
Smith (IA)
Stark
Stokes
Strickland
Studds
Swift
Synar
Tejeda
Thornton
Torkildsen
Torres
Towns
Traficant
Tucker
Unsoeld
Velazquez
Vento
Visclosky
Waters
Watt
Waxman
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--226
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Ballenger
Barca
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilirakis
Bliley
Blute
Boehner
Bonilla
Boucher
Brewster
Browder
Bryant
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chapman
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Deal
DeLay
Derrick
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fingerhut
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Gordon
Goss
Grandy
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Holden
Horn
Huffington
Hughes
Hutchinson
Hutto
Hyde
Inglis
Inslee
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
Kildee
Kim
King
Kingston
Klug
Kolbe
Kyl
LaFalce
Lambert
Lazio
Leach
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lucas
Manzullo
Margolies-Mezvinsky
Mazzoli
McCandless
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
Meyers
Mica
Michel
Miller (FL)
Minge
Montgomery
Moorhead
Moran
Morella
Myers
Nussle
Obey
Orton
Packard
Parker
Paxon
Payne (VA)
Penny
Peterson (FL)
Petri
Pickett
Pombo
Pomeroy
Porter
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Roberts
Roemer
Rogers
Rohrabacher
Roth
Roukema
Royce
Sangmeister
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Sisisky
Skeen
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Spence
Spratt
Stearns
Stenholm
Stump
Stupak
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thurman
Torricelli
Upton
Valentine
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wilson
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--54
Ackerman
Baker (LA)
Becerra
Boehlert
Carr
Clay
Coleman
Collins (IL)
Collins (MI)
Conyers
DeFazio
Dingell
Fish
Foglietta
Ford (TN)
Frost
Gallo
Glickman
Grams
Hamburg
Harman
Hunter
Inhofe
Istook
Jefferson
Knollenberg
Laughlin
Machtley
Mann
Matsui
McCloskey
McMillan
Murtha
Nadler
Neal (MA)
Owens
Oxley
Peterson (MN)
Pickle
Portman
Reynolds
Ridge
Rose
Santorum
Skelton
Slattery
Smith (MI)
Solomon
Thomas (WY)
Thompson
Washington
Wheat
Whitten
Williams
So, two-thirds of the Members present having not voted in favor
thereof, the rules were not suspended and said bill, as amended, was not
passed.
Para. 87.39 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. KNOLLENBERG, for today; and
[[Page 1413]]
To Mr. DeFAZIO, for today.
And then,
Para. 87.40 adjournment
On motion of Ms. PELOSI, at 7 o'clock and 19 minutes p.m., the House
adjourned until 10:30 a.m., Tuesday, August 2, 1994.
Para. 87.41 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. OBEY: Committee of Conference. Conference report on
H.R. 4426. A bill making appropriations for foreign
operations, export financing, and related programs for the
fiscal year ending September 30, 1995 (Rept. No. 103-633).
Ordered to be printed.
Mr. MINETA: Committee on Public Works and Transportation.
H.R. 4812. A bill to direct the Administrative of General
Services to acquire by transfer the Old U.S. Mint in San
Francisco, CA, and for other purposes (Rept. No. 103-634.
Referred to the Committee of the Whole House on the State of
the Union.
Mr. MINETA: Committee on Public Works and Transportation.
H.R. 3110. A bill to designate the U.S. courthouse and
Federal building to be constructed at the southeastern corner
of Liberty and South Virginia Streets in Reno, NV., as the
``Bruce R. Thompson United States Courthouse and Federal
Building'' (Rept. No. 103-635). Referred to the House
Calendar.
Mr. MINETA: Committee on Public Works and Transportation.
H.R. 4543. A bill to designate the U.S. courthouse to be
constructed at 907 Richland Street in Columbia, SC, as the
``Matthew J. Perry, Jr. United States Courthouse'' (Rept. No.
103-636). Referred to the House Calendar.
Mr. MINETA: Committee on Public Works and Transportation.
H.R. 4790. A bill to designate the U.S. courthouse under
construction in St. Louis, MO, as the ``Thomas F. Eagleton
United States Courthouse'' (Rept. No. 103-637). Referred to
the House Calendar.
Mr. MINETA: Committee on Public Works and Transportation.
H.R. 4727. A bill to designate the Federal building located
at 125 Market Street in Youngstown, OH, as the ``Thomas D.
Lambros Federal Building'' (Rept. No. 103-638). Referred to
the House Calendar.
Mr. MINETA: Committee on Public Works and Transportation.
H.R. 4772. A bill to designate the Federal building and U.S.
courthouse located at 215 South Evans Street in Greenville,
NC, as the ``Walter B. Jones Federal Building and United
States Courthouse'' (Rept. No. 103-639). Referred to the
House Calendar.
Mr. GIBBONS: Committee on Ways and Means. H.R. 4590. A bill
to provide conditions for renewing nondiscriminatory (most-
favored-nation) treatment for the People's Republic of China;
with an amendment (Rept. No. 103-640, Pt. 1). Ordered to be
printed.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 4448. A bill to amend the Act establishing Lowell
National Historical Park, and for other purposes; with an
amendment (Rept. No. 103-641). Referred to the Committee of
the Whole House on the State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 4158. A bill to establish the Lower East Side Tenement
Museum National Historic Site; with amendments (Rept. No.
103-642). Referred to the Committee of the Whole House on the
State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 3898. A bill to establish the New Bedford Whaling
National Historical Park in New Bedford, MA, and for other
purposes; with an amendment (Rept. No. 103-643). Referred to
the Committee of the Whole House on the State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 1690. A bill to authorize certain elements of the Yakima
River Basin Water Enhancement Project, and for other
purposes; with an amendment (Rept. No. 103-644). Referred to
the Committee of the Whole House on the State of the Union.
Mr. CONYERS: Committee on Government Operations. Criminal
Aliens: A Federal Responsibility and A State and Local Burden
(Rept. No. 103-645). Referred to the Committee of the Whole
House on the State of the Union.
Mr. MOAKLEY: Committee on Rules. House Resolution 500.
Resolution providing for consideration of the bill (H.R.
4003) to authorize appropriations for fiscal year 1995 for
certain maritime programs of the Department of
Transportation, to amend the Merchant Marine Act, 1936, as
amended, to revitalize the U.S.-flag merchant marine, and for
other purposes (Rept. No. 103-646). Referred to the House
Calendar.
Mr. HALL of Ohio: Committee on Rules. House Resolution 501.
Resolution providing for consideration of the bill (S. 1357)
to reaffirm and clarify the Federal relationships of the
Little Traverse Bay Bands of Odawa Indians and the Little
River Band of Ottawa Indians as distinct federally recognized
Indian tribes, and for other purposes (Rept. No. 103-647).
Referred to the House Calendar.
Mr. HALL of Ohio: Committee on Rules. House Resolution 502.
Resolution providing for consideration of the bill (S. 1066)
to restore Federal services to the Pokagon Band of Potawatomi
Indians (Rept. No. 103-648). Referred to the House Calendar.
Mr. de la GARZA: Committee on Agriculture. H.R. 4217. A
bill to reform the Federal Crop Insurance Program, and for
other purposes; with an amendment (Rept. No. 103-649).
Referred to the Committee of the Whole House on the State of
the Union.
Para. 87.42 subsequent action on a reported bill sequentially referred
Under clause 5 of rule X the following action was taken by the
Speaker:
The Committee of the Whole House on the State of the Union
discharged, and referred H.R. 3433 to the Committee on Ways
and Means for a period ending not later than August 9, 1994
for consideration of such provisions of the bill and the
amendment recommended by the Committee on Natural Resources
as fall within the jurisdiction of the Committee on Ways and
Means pursuant to clause 1(v), rule X.
Para. 87.43 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. WAXMAN (for himself and Mr. Dingell):
H.R. 4864. A bill to amend the Federal Food, Drug, and
Cosmetic Act to authorize a device application fee, and for
other purposes; to the Committee on Energy and Commerce.
By Mr. WAXMAN (for himself and Mr. Studds):
H.R. 4865. A bill to amend the Federal Food, Drug, and
Cosmetic Act, the Public Health Service Act, and the Orphan
Drug Act to revise the provisions of such Acts relating to
orphan drugs; to the Committee on Energy and Commerce.
By Mr. SHARP (for himself and Mr. Moorhead):
H.R. 4866. A bill to encourage solar, wind, waste, and
geothermal power production by permanently removing the size
limitations contained in the Public Utility Policies Act of
1978; to the Committee on Energy and Commerce.
By Ms. SCHENK (for herself, Mr. Swift, and Mr.
Dingell):
H.R. 4867. A bill to authorize appropriations for high-
speed rail transportation, and for other purposes; to the
Committee on Energy and Commerce.
By Mr. SWIFT (for himself and Mr. Oxley):
H.R. 4868. A bill to amend the Railroad Unemployment
Insurance Act to reduce the waiting period for benefits
payable under that act, and for other purposes; to the
Committee on Energy and Commerce.
By Mr. de LUGO (for himself, Mr. Hughes, Mr.
Richardson, Mr. Torres, Mr. Serrano, Mr. Pastor, Mr.
Becerra, Mr. Martinez, Mr. Mazzoli, Ms. Velazquez,
Mr. Tejeda, Mr. Ortiz, Mr. Gutierrez, Mr. Underwood,
and Ms. Roybal-Allard):
H.R. 4869. A bill to amend the Revised Organic Act of the
Virgin Islands to provide for the appointment of a U.S.
marshal by the President; to the Committee on Natural
Resources.
By Ms. ENGLISH of Arizona:
H.R. 4870. A bill to amend the San Carlos Apache Tribe
Water Rights Settlement Act of 1992 to extend the deadline
for completing certain actions described therein; to the
Committee on Natural Resources.
By Mr. HEFLEY:
H.R. 4871. A bill to provide for the study of certain
prehistoric resources in the States of Colorado, Wyoming, and
Utah; to the Committee on Natural Resources.
By Mr. McHALE:
H.R. 4872. A bill to develop a program regarding career
opportunities by making such information available on
publicly accessible networks and other electronic media; to
the Committee on Education and Labor.
H.R. 4873. A bill to provide authority to executive
departments and agencies to issue rulings respecting
application of laws under their jurisdiction; to the
Committee on the Judiciary.
H.R. 4874. A bill to amend the White House Conference on
Small Business Authorization Act to require the final report
of the national conference to be published in the Federal
Register and distributed through the regional offices of the
Small Business Administration; to the Committee on Small
Business.
H.R. 4875. A bill to amend the Small Business Act to modify
requirements relating to the personal net worth of
individuals who may be considered economically disadvantaged
for the purpose of receiving contract awards under section
8(a) of that act; to the Committee on Small Business.
By Mr. McHALE (for himself and Mr. McInnis):
H.R. 4876. A bill to amend the Internal Revenue Code of
1986 to increase the exclusion for gain from certain small
business stock to 100 percent for stock held for more than 10
years; to the Committee on Ways and Means.
By Mr. McHALE:
H.R. 4877. A bill to amend the Internal Revenue Code of
1986 to modify certain rules relating to subchapter S
corporations; to the Committee on Ways and Means.
H.R. 4878. A bill to amend the Internal Revenue Code of
1986 to allow employers a credit against income tax for 20
percent of the employee training expenses paid or incurred by
[[Page 1414]]
the employer; to the Committee on Ways and Means.
H.R. 4879. A bill to amend the Internal Revenue Code of
1986 to restore the 10 percent regular investment tax credit;
to the Committee on Ways and Means.
H.R. 4880. A bill to amend the Internal Revenue Code of
1986 to permit the issuance of tax-exempt bonds for air and
water pollution control facilities; to the Committee on Ways
and Means.
H.R. 4881. A bill to amend the Internal Revenue Code of
1986 to disregard up to $15,000,000 of capital expenditures
in applying the provisions permitting a $10,000,000 limit on
qualified small issue bonds; to the Committee on Ways and
Means.
By Mr. SWIFT:
H.R. 4882. A bill to amend the Toxic Substances Control Act
to reduce the levels of lead in the environment, and for
other purposes; to the Committee on Energy and Commerce.
By Mr. ZIMMER:
H.R. 4883. A bill to deny Federal benefits for 10 years to
persons convicted of making a fraudulent representation with
respect to residence in order to receive benefits from two or
more States, and for other purposes; to the Committee on
Government Operations.
By Mr. CALLAHAN (for himself, Mr. Stump, Mr. Traficant,
and Mr. Everett):
H.J. Res. 396. Joint resolution proposing an amendment to
the Constitution of the United States to provide that no
person born in the United States will be a U.S. citizen on
account of birth in the United States unless a parent is a
U.S. citizen at the time of the birth; to the Committee on
the Judiciary.
By Mr. HAMILTON:
H. Res. 499. Resolution providing for the concurrence by
the House with amendments in the amendments of the Senate to
H.R. 4429; considered under suspension of the rules and
agreed to.
By Mr. STUMP (for himself, Mr. Spence, Mr. Sangmeister,
Mr. Smith of New Jersey, Mr. Bilirakis, Ms. Brown of
Florida, Mr. Quinn, Mr. Bachus of Alabama, Mr.
Rangel, Mr. Machtley, Mr. Santorum and Mr.
Faleomavaega):
H. Res. 503. Resolution expressing the sense of the House
of Representatives that Congress, in providing funds for any
fiscal year for programs to assist the homeless, should
ensure that these funds are fairly apportioned for homeless
veterans to help return homeless veterans to self-sufficient
and productive lives; jointly, to the Committees on Banking,
Finance and Urban Affairs and Veterans' Affairs.
Para. 87.44 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions are follows:
H.R. 40: Ms. Waters and Mr. Foglietta.
H.R. 112: Mr. Cox.
H.R. 122: Mr. Coppersmith, Mr. Wyden, Mr. Roemer, and Mr.
Saxton.
H.R. 127: Ms. Slaughter, Mr. Payne of New Jersey, Mr.
Taylor of North Carolina, Mr. Barton of Texas, Mr. McCollum,
and Mr. Hochbrueckner.
H.R. 133: Mr. Stearns, Ms. Schenk, Mr. Canady, Mr.
Coppersmith, Mr. Calvert, and Mr. Knollenberg.
H.R. 146: Mr. Combest, Mr. Cox, and Mr. Knollenberg.
H.R. 147: Mr. Combest.
H.R. 163: Mr. Calvert.
H.R. 173: Mr. Saxton and Mr. Cox.
H.R. 391: Mr. Cox and Mr. Calvert.
H.R. 429: Mr. Calvert.
H.R. 465: Mr. Combest and Mr. Calvert.
H.R. 502: Mr. Cox and Mr. Saxton.
H.R. 657: Mr. Calvert.
H.R. 692: Mr. Rush.
H.R. 723: Mr. Combest and Mr. Saxton.
H.R. 814: Mr. Calvert, Ms. Schenk, and Mr. Coppersmith.
H.R. 895: Mr. Combest.
H.R. 896: Mr. Combest and Mr. Saxton.
H.R. 999: Mr. Combest and Mr. Knollenberg.
H.R. 1026: Mr. Calvert.
H.R. 1043: Mr. Saxton, Mr. Knollenberg, and Mr. Doolittle.
H.R. 1080: Mr. Knollenberg and Mr. Lipinski.
H.R. 1110: Mr. Inhofe.
H.R. 1122: Mr. Calvert.
H.R. 1123: Mr. Knollenberg.
H.R. 1125: Mr. Knollenberg.
H.R. 1126: Mr. Knollenberg.
H.R. 1127: Mr. Cox.
H.R. 1130: Mr. Calvert, Mr. Knollenberg, and Mr. Cox.
H.R. 1171: Mr. Foglietta.
H.R. 1192: Mr. Knollenberg.
H.R. 1209: Mr. Calvert.
H.R. 1231: Mr. Markey and Mr. Coppersmith.
H.R. 1293: Mr. Saxton.
H.R. 1392: Mr. Combest.
H.R. 1481: Mr. Doolittle.
H.R. 1482: Mr. Cox.
H.R. 1483: Mr. Cox.
H.R. 1485: Mr. Doolittle and Mr. Cox.
H.R. 1487: Mr. Canady and Mr. Saxton.
H.R. 1505: Mr. Canady and Mr. Calvert.
H.R. 1518: Mr. Canady.
H.R. 1552: Mr. Saxton.
H.R. 1604: Mr. Saxton, Mr. Dornan, and Mr. Doolittle.
H.R. 1605: Ms. Schenk and Mr. Cox.
H.R. 1606: Mr. Dornan.
H.R. 1620: Mr. Canady.
H.R. 1622: Mr. Calvert.
H.R. 1725: Mr. Roemer.
H.R. 1785: Mr. Zimmer.
H.R. 1852: Mr. Doolittle.
H.R. 1853: Mr. Cox.
H.R. 1854: Mr. Cox.
H.R. 1855: Mr. Cox.
H.R. 1857: Mr. Cox and Mr. Calvert.
H.R. 1887: Mr. Cox.
H.R. 1900: Mr. Johnston of Florida.
H.R. 2038: Mr. Cox.
H.R. 2050: Mr. Knollenberg.
H.R. 2080: Mr. Skaggs.
H.R. 2145: Mrs. Lowey and Mr. Brown of Ohio.
H.R. 2219: Mr. Knollenberg.
H.R. 2646: Mr. Canady and Mr. Cox.
H.R. 2705: Mr. Knollenberg.
H.R. 2826: Mrs. Meyers of Kansas.
H.R. 2858: Mr. Saxton and Mr. Dornan.
H.R. 2913: Mr. Zimmer and Mrs. Meyers of Kansas.
H.R. 2959: Mr. Huffington, Mr. Fawell, Mrs. Fowler, and Mr.
Livingston.
H.R. 3060: Mr. Coppersmith.
H.R. 3163: Mr. Knollenberg.
H.R. 3224: Mr. Coppersmith and Mr. Filner.
H.R. 3250: Mr. Dornan and Mr. Cox.
H.R. 3440: Mr. Coppersmith and Mr. Filner.
H.R. 3442: Mr. Knollenberg.
H.R. 3457: Mr. Knollenberg.
H.R. 3464: Mr. Kim.
H.R. 3488: Mr. Chapman.
H.R. 3513: Mr. Saxton.
H.R. 3520: Mrs. Meyers of Kansas.
H.R. 3560: Mr. Dornan, Mr. Cox, Mr. Knollenberg, Mr.
Calvert, and Mr. Saxton.
H.R. 3594: Mr. Calvert and Mr. Cox.
H.R. 3635: Mr. Cox.
H.R. 3692: Mr. Zimmer and Mr. Cox.
H.R. 3716: Mr. Cox.
H.R. 3717: Mr. Cox.
H.R. 3772: Mr. Dornan.
H.R. 3773: Mr. Cox.
H.R. 3774: Mr. Dornan, Mr. Calvert, and Mr. Cox.
H.R. 3775: Mr. Cox.
H.R. 3777: Mr. Dornan and Mr. Cox.
H.R. 3778: Mr. Cox.
H.R. 3779: Mr. Canady and Mr. Cox.
H.R. 3780: Mr. Dornan, Mr. Canady, and Mr. Cox.
H.R. 3866: Mr. Applegate, Mr. Fields of Louisiana, Mr.
Gonzalez, and Mr. Gutierrez.
H.R. 3926: Mr. Coppersmith.
H.R. 3971: Mr. Canady.
H.R. 3978: Mr. Duncan and Mr. Skeen.
H.R. 3986: Mr. Barca of Wisconsin.
H.R. 4000: Mr. Bunning, Mr. Shays, Mr. Zimmer, Ms. Ros-
Lehtinen, Mr. Calvert, Mr. Ravenel, Mr. Schaefer, Mr.
Machtley, Mr. Lewis of Florida, Mr. Allard, and Mr. Crapo.
H.R. 4026: Mr. Boehlert, Mr. Swift, Mr. Jefferson, Ms.
McKinney, Mr. Foglietta, Ms. Woolsey, Mr. Berman, Ms. Eddie
Bernice Johnson of Texas, and Mr. Gutierrez.
H.R. 4074: Mr. Smith of New Jersey, Mr. Leach, Mr.
Ackerman, Mr. Burton of Indiana, and Mr. Traficant.
H.R. 4118: Mr. Chapman and Mrs. Byrne.
H.R. 4135: Mr. Rush.
H.R. 4162: Mr. Foglietta.
H.R. 4178: Mr. Portman.
H.R. 4210: Mr. Santorum, Mr. Schumer, Mr. Weldon, Mr.
Greenwood, Mr. Zimmer, Mr. Ackerman, Mr. Menendez, Mr.
Foglietta, Mr. Andrews of New Jersey, Mr. Quinn, Mr. Hughes,
Mr. Towns, Mr. Klein, and Mr. Gallo.
H.R. 4345: Ms. Eddie Bernice Johnson of Texas, Mr. Barrett
of Wisconsin, and Mr. Meehan.
H.R. 4371: Mr. Stearns.
H.R. 4386: Ms. Pryce of Ohio.
H.R. 4394: Mr. Andrews of New Jersey and Mr. Kopetski.
H.R. 4407: Mr. Zimmer.
H.R. 4473: Mr. Zimmer.
H.R. 4514: Mr. Smith of New Jersey, Mr. Saxton, and Mr.
Traficant.
H.R. 4565: Mr. Bacchus of Florida and Mrs. Lowey.
H.R. 4585: Mr. Ravenel and Mr. Klug.
H.R. 4610: Mr. DeFazio, Ms. Slaughter, Mr. Quillen, Mr.
Fish, Mr. Smith of New Jersey, Mr. Levy, Mr. Peterson of
Minnesota, Mr. Callahan, Mr. Frank of Massachusetts, Mr.
Lancaster, Ms. Kaptur, Ms. Eshoo, Mr. Bishop, and, Mr.
Foglietta.
H.R. 4618: Mr. McDermott.
H.R. 4669: Mr. McDermott.
H.R. 4695: Mr. Foglietta.
H.R. 4698: Mr. Meehan, Ms. Eshoo, and Mrs. Unsoeld.
H.R. 4706: Mr. Zimmer.
H.R. 4737: Ms. Roybal-Allard and Mr. Mineta.
H.R. 4739: Mr. Foglietta.
H.R. 4758: Mr. Payne of New Jersey.
H.R. 4786: Mrs. Roukema and Mrs. Meyers of Kansas.
H.R. 4787: Mr. Filner.
H.R. 4788: Mr. Levy.
H.R. 4817: Mr. Camp and Mr. Boehner.
H.R. 4822: Ms. English of Arizona, Mr. Bonilla, Mr.
Sanders, Mr. Blute, and Ms. Dunn.
H.R. 4826: Mr. Kyl, Mr. Ewing, and Mr. Barrett of
Wisconsin.
H.R. 4830: Mr. Canady, Mr. Shays, Mrs. Meyers of Kansas,
and Mrs. Roukema.
H.R. 4831: Mr. Dornan, Mr. Ravenel, and Mr. Inhofe.
H.J. Res. 364: Mr. Abercrombie, Mr. Ackerman, Mr. Barca of
Wisconsin, Mr. Becerra, Mr. Beilenson, Mr. Borski, Mr.
Brewster, Mr. Brooks, Mr. Brown of California, Mr. Brown of
Ohio, Mr. Calvert, Ms. Cantwell, Mr. Carr, Mrs. Clayton, Mr.
Coleman, Mr. Condit, Mr. Cooper, Mr. Cop-
[[Page 1415]]
persmith, Mr. Costello, Mr. Crapo, Ms. Danner, Mr. Deal, Mr.
DeFazio, Mr. de la Garza, Ms. DeLauro, Mr. Deutsch, Mr. Diaz-
Balart, Mr. Dickey, Mr. Dicks, Mr. Dingell, Mr. Dooley, Mr.
Duncan, Ms. Dunn, Ms. Eshoo, Mr. Evans, Mr. Ewing, Mr. Farr,
Mr. Fazio, Mr. Fields of Louisiana, Mr. Filner, Mr.
Fingerhut, Ms. Furse, Mr. Gejdenson, Mr. Gibbons, Mr. Gordon,
Mr. Gene Green of Texas, Mr. Gutierrez, Mr. Hamburg, Mr.
Hastings, Mr. Hefley, Mr. Hilliard, Mr. Hinchey, Mr.
Hoagland, Mr. Horn, Mr. Houghton, Mr. Hoyer, Mr. Hunter, Mr.
Hyde, Mr. Johnson of Georgia, Ms. Kaptur, Mr. Kildee, Mr.
Klein, Mr. Knollenberg, Mr. Kolbe, Mr. Kopetski, Mr.
Kreidler, Mr. LaFalce, Mr. LaRocco, Mr. Lazio, Mr. Leach, Mr.
Lehman, Mr. Levin, Mr. Lewis of California, Mr. Lewis of
Kentucky, Mrs. Lowey, Mr. McCloskey, Mr. McCrery, Mr. McDade,
Mr. McHale, Mr. Machtley, Mr. Mann, Ms. Margolies-Mezvinsky,
Mr. Markey, Mr. Martinez, Mr. Matsui, Mr. Mazzoli, Mr.
Menendez, Mr. Minge, Mrs. Mink of Hawaii, Mr. Moakley, Ms.
Molinari, Mr. Moorhead, Mr. Moran, Mr. Myers of Indiana, Mr.
Olver, Mr. Ortiz, Mr. Pastor, Ms. Pelosi, Mr. Quillen, Mr.
Quinn, Mr. Reed, Mr. Rose, Mr. Roth, Ms. Roybal-Allard, Mr.
Sangmeister, Mr. Sarpalius, Mr. Sharp, Mr. Smith of Texas,
Mr. Smith of Iowa, Mr. Spratt, Mr. Stark, Mr. Stearns, Mr.
Stenholm, Mr. Stupak, Mr. Sundquist, Mr. Swett, Mr. Swift,
Mr. Synar, Mr. Tauzin, Mrs. Thurman, Mr. Torres, Mr.
Torricelli, Mr. Traficant, Mrs. Unsoeld, Mr. Vento, Mr.
Volkmer, Mr. Waxman, Mr. Wheat, Mr. Wise, and Mr. Wyden.
H.J. Res. 381: Mr. de Lugo, Mr. Ackerman, Mrs. Bentley, Mr.
Blackwell, Mr. Holden, Mr. Klein, Mr. Lantos, Mr. Doolittle,
Mr. Flake, Mr. Martinez, Mr. Fawell, Mr. Greenwood, Mr. Wynn,
and Mr. Bacchus of Florida.
H.J. Res. 382: Mr. Neal of Massachusetts, Mr. Wynn, and Mr.
Montgomery.
H.J. Res. 391: Mr. Cooper, Mr. Gene Green of Texas, Ms.
Eddie Bernice Johnson of Texas, Mr. Kreidler, Mr. McDermott,
Mr. Meehan, Mr. Hastings, Mr. Barrett of Wisconsin, Mr.
Kasich, Mr. Frost, Mr. Underwood, Mr. Torres, Mr. Leach, and
Mr. Sangmeister.
H. Con. Res. 3: Mr. Duncan.
H. Con. Res. 90: Mr. Cox and Mr. Doolittle.
H. Con. Res. 271: Mr. Holden, Mr. Franks of Connecticut,
and Mr. Gekas.
H. Res. 213: Mr. Cox.
H. Res. 255: Ms. Dunn, Mr. Hastings, and Mr. Frost.
H. Res. 270: Mr. Crapo.
H. Res. 424: Mr. Ramstad, Mr. Hayes, Mr. Nussle, Mr.
Parker, Mr. Baker of Louisiana, Mr. Gallo, Mr. Stenholm, Mr.
Grandy, Mr. Pete Geren of Texas, Mrs. Fowler, Mr. Weldon, Mr.
Gunderson, Mr. Torkildsen, Mr. Duncan, Mr. Sisisky, Mr.
Goodlatte, Mr. Sam Johnson of Texas, Mr. Johnson of Georgia,
Mr. Dickey, Mr. Laughlin, Mr. Burton of Indiana, Mr.
Gilchrest, Mr. Penny, Mr. Stump, Mr. Cox, Mr. Upton, Mr. Kim,
Mr. Cooper, Mr. Ehlers, Mr. Montgomery, Mr. Taylor of
Mississippi, Mr. Orton, Mr. Kingston, Mr. Darden, Mrs. Meyers
of Kansas, Mr. Lancaster, Mr. Buyer, Mr. Baker of California,
Mr. Hoekstra, Mr. King, Mr. Knollenberg, Mr. Goss, Mr.
Boehner, Mrs. Vucanovich, Mr. Ewing, Mr. Dornan, Mr. Stearns,
Mr. Talent, Mr. Lewis of Florida, Mr. Inglis of South
Carolina, Mr. Canady, Mr. McKeon, Mr. Grams, Mr. Lewis of
California, Mr. Collins of Georgia, Mr. Mica, Mr. Porter, Mr.
Klug, Mr. Ballenger, Mr. Fields of Texas, Mr. Bilirakis, Mr.
Moorhead, Mr. Goodling, Mr. Blute, Mr. Cramer, Mr. Hall of
Texas, Mr. McInnis, Mr. Peterson of Minnesota, Mr. Sarpalius,
Mr. Combest, Mr. Sundquist, Mr. Brewster, Mr. Baesler, Mr.
Levy, Mr. Wilson, and Mr. Bereuter.
H. Res. 430: Mr. Durbin and Mrs. Meyers of Kansas.
H. Res. 451: Mrs. Byrne, Mr. Goss, Mr. Bacchus of Florida,
and Ms. Lowey.
H. Res. 485: Mr. Linder, Mr. Blute, and Mr. Baker of
California.
.
TUESDAY, AUGUST 2, 1994 (88)
The House was called to order by the SPEAKER at 10:30 a.m., when,
pursuant to the order of the House of Friday, February 11, 1994, and
Friday, June 10, 1994, Members were recognized for ``morning hour''
debates.
Para. 88.1 recess--11:25 a.m.
The SPEAKER pro tempore, Mr. DEUTSCH, pursuant to clause 12 of rule I,
declared the House in recess at 12 o'clock and 25 minutes a.m., until 12
o'clock noon.
Para. 88.2 after recess--12:00 noon
The SPEAKER called the House to order.
Para. 88.3 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Monday, August 1, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 88.4 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3620. A letter from the Deputy Assistant Secretary,
Department of the Air Force, transmitting notice of decision
to convert to contract operations the military family housing
maintenance function at Randolph Air Force Base, TX, pursuant
to 10 U.S.C. 2304 note; to the Committee on Armed Services.
3621. A letter from the Chairman, National Commission on
Manufactured Housing, transmitting the Commission's final
report, pursuant to Public Law 101-625, section 943(d)(2)
(104 Stat. 4414; 103 Stat. 1150); to the Committee on
Banking, Finance and Urban Affairs.
3622. A letter from the Secretary of Labor, transmitting
the Secretary's annual report on employment and training
programs for 1990 and 1991, pursuant to 29 U.S.C. 1579(d); to
the Committee on Education and Labor.
3623. A letter from the Secretary of Transportation,
transmitting a report regarding the implementation of the
``Imported Vehicle Safety Compliance Act of 1988'' for fiscal
year 1993, pursuant to 15 U.S.C. 1397 note; to the Committee
on Energy and Commerce.
3624. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a memorandum of
justification for Presidential determination regarding the
drawdown of defense articles and services for the Government
of Jamaica, pursuant to 22 U.S.C. 2318(b)(2); to the
Committee on Foreign Affairs.
3625. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed license for the export of major defense equipment
and services sold commercially to Japan (Transmittal No. DTC-
15-94), pursuant to 22 U.S.C. 2776(c); to the Committee on
Foreign Affairs.
3626. A letter from the Director, Defense Security
Assistance Agency, transmitting the price and availability
report for the quarter ending June 30, 1994, pursuant to 22
U.S.C. 2768; to the Committee on Foreign Affairs.
3627. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112(b)(a); to the
Committee on Foreign Affairs.
3628. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the Secretary's
determination that it is in the national interest of the
United States to furnish assistance and permit United States
executive directors to vote in favor of international
financial institutions loans to Nicaragua, pursuant to Public
Law 103-236, section 527(g); to the Committee on Foreign
Affairs.
3629. A letter from Manager, Employee Benefits, AgriBank,
transmitting the annual report of the retirement plan for the
employees of the Seventh Farm Credit District, pursuant to 31
U.S.C. 9503(a)(1)(B); to the Committee on Government
Operations.
3630. A letter from the Director of Employee Benefits, Farm
Credit Bank of Baltimore, transmitting a copy of the 1993
report for the Farm Credit District of Baltimore Thrift Plan,
pursuant to 31 U.S.C. 9503(a)(1)(B); to the Committee on
Government Operations.
3631. A letter from the Chairman, U.S. International Trade
Commission, transmitting the 78th quarterly report on trade
between the United States and China, the successor states to
the former Soviet Union, and other title IV countries during
January-March 1994, pursuant to 19 U.S.C. 2440; to the
Committee on Ways and Means.
3632. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of
the intended program and process for purposes of
Nonproliferation and Disarmament Fund activities, pursuant to
22 U.S.C. 5858; jointly, to the Committees on Foreign Affairs
and Appropriations.
3633. A communication from the President of the United
States, transmitting the economic development plan of the
Republic of Palau, including supporting material, pursuant to
Public Law 101-219, section 101; jointly, to the Committees
on Natural Resources and Foreign Affairs.
Para. 88.5 private calendar
Pursuant to clause 6, rule XXIV,
The SPEAKER directed the Private Calendar to be called.
When,
Para. 88.6 bills passed
The bills of the following titles were severally considered, read
twice, ordered to be engrossed and read a third time, were severally
read a third time by title, and passed:
H.R. 810. A bill for the relief of Elizabeth M. Hill.
H.R. 2194. A bill for the relief Merrill Lannen.
H.R. 2793. A bill for the relief of Kris Murty.
Ordered, That the Clerk request the concurrence of the Senate in said
bills, severally.
Para. 88.7 bills passed over
By unanimous consent, the bills of the following titles were severally
[[Page 1416]]
passed over without prejudice and retain their places on the Private
Calendar:
H.R. 1184. A bill for the relief of Jung Ja Golden.
H.R. 2084. A bill for the relief of Fanie Phily Mateo Angeles.
H.R. 3718. A bill for the relief of Mark A. Potts.
Motions severally made to reconsider the votes whereby each bill on
the Private Calendar was disposed of today were, by unanimous consent,
laid on the table.
Para. 88.8 providing for the consideration of h.r. 4003
Mr. MOAKLEY, by direction of the Committee on Rules, called up the
following resolution (H. Res. 500):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the State of the Union for consideration of
the bill (H.R. 4003) to authorize appropriations for fiscal
year 1995 for certain maritime programs of the Department of
Transportation, to amend the Merchant Marine Act, 1936, as
amended, to revitalize the United States-flag merchant
marine, and for other purposes. The first reading of the bill
shall be dispensed with. All points of order against
consideration of the bill are waived. General debate shall be
confined to the bill and shall not exceed one hour, with
thirty minutes equally divided and controlled by the chairman
and ranking minority member of the Committee on Merchant
Marine and Fisheries and thirty minutes equally divided and
controlled by the chairman and ranking minority member of the
Committee on Ways and Means. After general debate the bill
shall be considered for amendment under the five minute rule.
It shall be in order to consider as an original bill for the
purpose of amendment under the five minute rule the amendment
in the nature of a substitute recommended by the Committee on
Merchant Marine and Fisheries now printed in the bill,
modified by the amendment recommended by the Committee on
Ways and Means now printed in the bill and by the amendment
printed in part 1 of the report of the Committee on Rules
accompanying this resolution. The committee amendment in the
nature of a substitute, as modified, shall be considered as
read. All points of order against the committee amendment in
the nature of a substitute, as modified, are waived. No
amendment directly or indirectly changing title II of the
committee amendment in the nature of a substitute, as
modified, shall be in order except the amendment printed in
part 2 of the report of the Committee on Rules. That
amendment may be offered only by a Member designated in the
report, shall be considered as read, shall be debatable for
the time specified in the report equally divided and
controlled by the proponent and an opponent, and shall not be
subject to amendment. All points of order against the
amendment printed in part 2 of the report are waived. At the
conclusion of the consideration of the bill for amendment the
Committee shall rise and report the bill to the House with
such amendments as may have been adopted. Any Member may
demand a separate vote in the House on any amendment adopted
in the Committee of the Whole to the bill or to the committee
amendment in the nature of a substitute, as modified. The
previous question shall be considered as ordered on the bill
and amendments thereto to final passage without intervening
motion except one motion to recommit with or without
instructions.
Sec. 2. In the engrossment of H.R. 4003, the Clerk shall
insert the text of H.R. 2151, as passed by the House, as a
new title I and shall redesignate the succeeding titles
accordingly.
When said resolution was considered.
After debate,
On motion of Mr. MOAKLEY, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that the
yeas had it.
Mr. ROSTENKOWSKI objected to the vote on the ground that a quorum was
not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
336
When there appeared
<3-line {>
Nays
77
Para. 88.9 [Roll No. 369]
YEAS--336
Abercrombie
Andrews (ME)
Andrews (NJ)
Applegate
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Ballenger
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Bateman
Becerra
Beilenson
Bentley
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Bonilla
Bonior
Borski
Boucher
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Cantwell
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Cox
Cramer
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dixon
Dooley
Doolittle
Dreier
Duncan
Dunn
Edwards (CA)
Edwards (TX)
Emerson
Engel
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Fowler
Frank (MA)
Franks (CT)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hansen
Harman
Hastings
Hayes
Hefley
Hefner
Hilliard
Hinchey
Hobson
Hochbrueckner
Hoekstra
Holden
Hoyer
Hughes
Hunter
Hutto
Inslee
Istook
Jacobs
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Knollenberg
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Ortiz
Orton
Oxley
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pombo
Pomeroy
Portman
Price (NC)
Pryce (OH)
Quillen
Quinn
Ravenel
Reed
Regula
Richardson
Ridge
Roemer
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skeen
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Watt
Waxman
Weldon
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
NAYS--77
Allard
Andrews (TX)
Archer
Baker (LA)
Barca
Barton
Bereuter
Boehner
Brewster
Bunning
Canady
Cardin
Collins (IL)
Costello
Coyne
Crane
DeLay
Dickey
Dornan
Durbin
Ehlers
Ewing
Fawell
Franks (NJ)
Gibbons
Grandy
Hancock
Hastert
Herger
Hoagland
Horn
Houghton
Hutchinson
Hyde
Inglis
Jefferson
Johnson (CT)
Kennelly
Klug
Kolbe
Kopetski
Kyl
Leach
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Manzullo
Matsui
McDermott
Mica
Michel
Miller (CA)
Packard
Payne (VA)
Petri
Pickle
Porter
Poshard
Rahall
Ramstad
Rangel
Reynolds
Roberts
Rogers
Rostenkowski
Royce
Sensenbrenner
Shaw
Shays
Shuster
Smith (OR)
Stump
Thomas (CA)
Thomas (WY)
Waters
Zimmer
NOT VOTING--21
Ackerman
Carr
Clay
Collins (MI)
Conyers
DeFazio
Dingell
Ford (TN)
Gutierrez
Hoke
Huffington
Inhofe
Laughlin
Montgomery
Olver
Owens
Skelton
Slattery
Torres
Washington
Wheat
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
[[Page 1417]]
Para. 88.10 permission to file conference report
On motion of Mr. GONZALEZ, by unanimous consent, the managers on the
part of the House were granted permission until midnight tonight to file
a conference report (Rept. No. 103-652) on the bill (H.R. 3474) to
reduce administrative requirements for insured depository institutions
to the extent consistent with safe and sound banking practices, to
facilitate the establishment of the community development financial
institutions, and for other purposes; together with a statement thereon,
for printing in the Record under the rule.
Para. 88.11 permission to file conference report
On motion of Mr. GONZALEZ, by unanimous consent, the managers on the
part of the House were granted permission until midnight tonight to file
a conference report (Rept. No. 103-651) on the bill (H.R. 3841) to amend
the Bank Holding Company Act of 1956, the Revised Statutes of the United
States, and Federal Deposit Insurance Act to provide for interstate
banking and branching; together with a statement thereon, for printing
in the Record under the rule.
Para. 88.12 maritime administration authorization
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, pursuant to House
Resolution 500 and rule XXIII, declared the House resolved into the
Committee of the Whole House on the state of the Union for the
consideration of the bill (H.R. 4003) to authorize appropriations for
fiscal year 1995 for certain maritime programs of the Department of
Transportation, to amend the Merchant Marine Act, 1936, as amended, to
revitalize the United States-flag merchant marine, and for other
purposes.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, by unanimous
consent, designated Mr. WISE as Chairman of the Committee of the Whole;
and after some time spent therein,
The Committee rose informally to receive a message from the President.
The SPEAKER pro tempore, Mr. McNULTY, assumed the Chair.
Para. 88.13 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
The Committee resumed its sitting; and after some further time spent
therein,
Para. 88.14 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. STUDDS:
Strike title II and title III and insert the following:
TITLE II--TONNAGE DUTIES
SEC. 201. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) The Coast Guard--
(A) will spend over $400,000,000 in fiscal year 1995
conducting search and rescue operations far into the Atlantic
and Pacific Oceans and the Gulf of Mexico to protect life and
property on United States and foreign-flag vessels;
(B) inspects vessels of all nations to ensure their
compliance with international treaties and conventions;
(C) will spend over $470,000,000 in fiscal year 1995
providing navigational aids to vessels from around the world
through the operation of--
(i) LORAN, OMEGA, and the Differential Global Positioning
System; and
(ii) over 46,000 lighthouses, buoys, daybeacons, fog signals,
radar reflectors and Vessel Traffic Service systems; and
(D) will spend over $86,000,0000 in fiscal year 1995
providing icebreaking services for vessels from all nations.
(2) It is reasonable for vessel owners of all nations that
benefit from these services, including owners of United
States-flag vessels, to pay tonnage duties to help offset the
cost of providing these services.
(b) Purpose.--The purpose of this title is to increase the
tonnage duties imposed on vessels entering the United States
to help offset the cost of providing Coast Guard services to
those vessels.
SEC. 202. INCREASE IN TONNAGE DUTIES.
(a) Increased Duties.--Section 36 of the Act of August 5,
1909 (46 App. U.S.C. 121, 36 Stat. 111), is amended--
(1) by designating the first paragraph as subsection (a)
and amending it to read as follows:
``(a) Tonnage Duty Imposed on Certain Entries.--
``(1) Duty imposed.--There is imposed on a vessel making an
entry described in paragraph (2) before fiscal year 2005 a
duty of 38 cents per ton, except that for any vessel the duty
under this paragraph shall not apply with respect to more
than 25 entries by the vessel in any 12-month period.
``(2) Entry described.--An entry referred to in
subparagraph (A) is any of the following:
``(A) Formal entry from foreign port or place.--A formal
entry in any port of the United States from any foreign port
or place, other than an entry by a vessel that is in distress
or is not engaged in trade.
``(B) Other entry.--An entry by a vessel that departs a
United States port or place and returns to the same port or
place without being entered in the United States from another
port or place, other than--
``(i) an entry by a vessel of the United States, a
recreational vessel, or a barge (as those terms are defined
in section 2101 of title 46, United States Code); and
``(ii) an entry by a vessel that is in distress or is not
engaged in trade.
``(3) Offsetting receipts of coast guard.--Amounts received
by the United States as duty imposed under this subsection
shall be deposited in the general fund of the Treasury as
offsetting receipts of the department in which the Coast
Guard is operating and ascribed to Coast Guard activities.'';
and
(2) by designating the remainder of the section as
subsection (b).
(b) Effective Date.--The amendments made by subsection (a)
shall take effect October 1, 1994.
SEC. 203. CONTRACT AUTHORITY.
(a) Requirement to Enter Agreements.--The Secretary of
Transportation shall expeditiously enter into agreements
under the Maritime Security and Competitiveness Act of 1993.
However, the Secretary of Transportation may not obligate
more than $1,350,000,000 in total contracts under the
Maritime Security and Competitiveness Act of 1993 or this Act
between October 1, 1994, and September 30, 2004.
(b) Limitation on Outlays.--The Secretary of Transportation
shall not enter into any agreements under the Maritime
Security and Competitiveness Act of 1993 or this Act that
would result in total payments under such agreements for any
fiscal year in excess of the limitations in the following
table.
The limitation (in millions) is:
1995............................................................$105
1996............................................................$105
1997............................................................$105
1998............................................................$105
1999............................................................$155
2000............................................................$155
2001............................................................$155
2002............................................................$155
2003............................................................$155
2004............................................................$155.
(c) Limitation on Application.--Subsections (a) and (b) do
not apply to the extent additional amounts are provided by
appropriation laws.
SEC. 204. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS.
In addition to amounts otherwise available, there are
authorized to be appropriated to the Secretary of
Transportation such amounts as may be necessary for entering
into and making payments under agreements under the Maritime
Security and Competitiveness Act of 1993.
SEC. 205. CONTINUING AVAILABILITY.
Amounts available or authorized to be appropriated under
this title shall remain available until expended.
It was decided in the
Yeas
268
<3-line {>
affirmative
Nays
153
Para. 88.15 [Roll No. 370]
AYES--268
Abercrombie
Andrews (ME)
Andrews (NJ)
Applegate
Bacchus (FL)
Baker (LA)
Barcia
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Bentley
Berman
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Bonior
Borski
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Buyer
Byrne
Callahan
Calvert
Cantwell
Cardin
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Condit
Coppersmith
Coyne
Cramer
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dixon
Dornan
Dunn
Engel
English
Eshoo
Evans
Everett
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Fowler
Frank (MA)
Franks (CT)
Frost
Furse
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Gonzalez
Goodling
Goss
Green
Gutierrez
Hall (TX)
Hamburg
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Hoke
Holden
Hoyer
Hughes
Hunter
Hutto
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kildee
King
Kleczka
Klink
Kreidler
LaFalce
Lambert
Lancaster
Lantos
Lazio
Lehman
Levin
Levy
[[Page 1418]]
Lewis (CA)
Lewis (GA)
Linder
Lipinski
Livingston
Lloyd
Lowey
Machtley
Maloney
Mann
Manton
Markey
Martinez
Mazzoli
McCloskey
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Mica
Miller (CA)
Miller (FL)
Mineta
Mink
Moakley
Molinari
Mollohan
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Parker
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Pickett
Pombo
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Rangel
Ravenel
Reed
Richardson
Ridge
Roemer
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schumer
Scott
Serrano
Sisisky
Smith (NJ)
Snowe
Solomon
Spence
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Weldon
Whitten
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
NOES--153
Allard
Andrews (TX)
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Ballenger
Barca
Barrett (NE)
Bartlett
Barton
Bereuter
Bevill
Boehner
Bonilla
Boucher
Brewster
Bunning
Burton
Camp
Canady
Collins (GA)
Collins (IL)
Combest
Cooper
Costello
Cox
Crane
Crapo
DeLay
Dickey
Dooley
Doolittle
Dreier
Duncan
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Ewing
Fawell
Franks (NJ)
Gallegly
Gallo
Gibbons
Glickman
Goodlatte
Gordon
Grams
Grandy
Greenwood
Gunderson
Hall (OH)
Hamilton
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Horn
Houghton
Huffington
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
Kennelly
Kim
Kingston
Klein
Klug
Knollenberg
Kolbe
Kopetski
Kyl
LaRocco
Leach
Lewis (FL)
Lewis (KY)
Lightfoot
Long
Lucas
Manzullo
Margolies-Mezvinsky
Matsui
McCandless
McCurdy
McInnis
McKeon
McMillan
Meyers
Michel
Minge
Moorhead
Nussle
Orton
Oxley
Packard
Paxon
Payne (VA)
Penny
Peterson (MN)
Petri
Pickle
Pomeroy
Porter
Portman
Poshard
Ramstad
Regula
Reynolds
Roberts
Rogers
Rohrabacher
Rostenkowski
Roth
Rowland
Royce
Santorum
Schroeder
Sensenbrenner
Shaw
Shays
Shepherd
Shuster
Skaggs
Skeen
Skelton
Smith (IA)
Smith (OR)
Smith (TX)
Stearns
Stenholm
Stump
Sundquist
Talent
Tanner
Thomas (CA)
Thomas (WY)
Valentine
Walker
Williams
Young (FL)
Zeliff
Zimmer
NOT VOTING--18
Ackerman
Carr
Clay
Collins (MI)
Conyers
DeFazio
Dingell
Ford (TN)
Inhofe
Laughlin
Montgomery
Sharp
Slattery
Slaughter
Smith (MI)
Underwood (GU)
Washington
Wheat
So the amendment was agreed to.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, assumed the Chair.
When Mr. WISE, Chairman, pursuant to House Resolution 500, reported
the bill back to the House with an amendment adopted by the Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maritime Security and
Competitiveness Act of 1994''.
TITLE I--MARITIME SECURITY AND COMPETITIVENESS
SEC. 101. PURPOSE OF THE MERCHANT MARINE ACT, 1936.
Section 101 of the Merchant Marine Act, 1936 (46 App.
U.S.C. 1101) is amended to read as follows:
``SEC. 101. FOSTERING DEVELOPMENT AND MAINTENANCE OF MERCHANT
MARINE.
``The Secretary of Transportation shall carry out this Act
in a manner that ensures the existence of an operating fleet
of United States documented vessels that is--
``(1) sufficient to carry the domestic water-borne commerce
of the United States and a substantial portion of the water-
borne export and import foreign commerce of the United States
and to provide shipping service essential for maintaining the
flow of such domestic and foreign water-borne commerce at all
times;
``(2) adequate to serve as a naval auxiliary in time of war
or national emergency;
``(3) owned and operated by citizens of the United States,
to the extent practicable;
``(4) composed of the best-equipped, safest, and most
modern vessels;
``(5) manned with the best trained and efficient personnel
who are citizens of the United States; and
``(6) supplemented by modern and efficient United States
facilities for shipbuilding and ship repair.''.
SEC. 102. MARITIME SECURITY FLEET PROGRAM.
(a) The Merchant Marine Act, 1936 (46 App. U.S.C. 1101 et
seq.) is amended by inserting after title III the following
new title:
``TITLE IV--MARITIME SECURITY FLEET PROGRAM
``SEC. 401. ESTABLISHMENT OF MARITIME SECURITY FLEET.
``The Secretary of Transportation shall establish a fleet
of active commercial vessels to enhance sealift capabilities
and maintain a presence in international commercial shipping
of United States documented vessels. The fleet shall be known
as the `Maritime Security Fleet'.
``SEC. 402. COMPOSITION OF FLEET.
``The Fleet shall consist of privately owned United States
documented vessels for which there are in effect operating
agreements.
``SEC. 403. VESSELS ELIGIBLE FOR ENROLLMENT IN FLEET.
``(a) In General.--A vessel is eligible to be enrolled in
the Fleet if the Secretary decides, in accordance with this
section, that it is eligible. The Secretary may decide
whether a vessel is eligible to be enrolled in the Fleet only
pursuant to an eligibility decision application submitted to
the Secretary by the owner or operator of the vessel. The
Secretary shall make such a decision by not later than 90
days after the date of submittal of an eligibility decision
application for the vessel by the owner or operator of the
vessel.
``(b) Vessel Eligibility, Generally.--Except as provided in
subsection (c), the Secretary shall decide that a vessel is
eligible to be enrolled in the Fleet if--
``(1) the person that will be the contractor with respect
to an operating agreement for the vessel agrees to enter into
an operating agreement with the Secretary for the vessel
under section 404;
``(2) the person that will be a contractor with respect to
an operating agreement for the vessel is a citizen of the
United States;
``(3)(A) the vessel is a United States documented vessel on
May 19, 1993;
``(B) the vessel is--
``(i) in existence on May 19, 1993;
``(ii) a United States documented vessel after May 19,
1993; and
``(iii) not more than 10 years of age on the date of that
documentation;
``(C) the vessel is built and, if rebuilt, rebuilt in a
United States shipyard;
``(D) the vessel is built in a shipyard that is not a
foreign subsidized shipyard under a contract entered into
before May 19, 1993;
``(E)(i) the vessel is built in a foreign shipyard under a
contract entered into on or before May 19, 1993; and
``(ii) the owner has contracted to build another vessel for
enrollment in the Fleet in a United States shipyard that will
be delivered within 30 months after the effective date of an
operating agreement for the vessel referred to in clause (i),
or the Secretary finds and certifies in writing that a United
States shipyard cannot sell a vessel to the owner at the
world price due to the unavailability of series transition
payments under title XIV to build that vessel; or
``(F)(i) the vessel is built under a contract entered into
after May 19, 1993;
``(ii) the proposed owner of the vessel solicited
nationwide bids for at least 6 months to build the vessel in
a United States shipyard;
``(iii) the Secretary finds and certifies in writing that a
United States shipyard cannot sell a vessel to the proposed
owner at the world price due to the unavailability of series
transition payments under title XIV to build that vessel;
``(iv) the vessel is delivered from the foreign shipyard
within 30 months after the Secretary's certification under
clause (iii); and
``(v) the vessel is substantially the same type and design
as the vessel described in the solicitation made under clause
(ii); and
``(4) the vessel is self-propelled and is--
``(A) a container vessel with a capacity of at least 750
Twenty-foot Equivalent Units;
``(B) a roll-on/roll-off vessel with a carrying capacity of
at least 80,000 square feet or 500 Twenty-foot Equivalent
Units;
``(C) a LASH vessel with a barge capacity of at least 75
barges;
``(D) a vessel subject to a contract under title VI on May
19, 1993; or
``(E) any other type of vessel that is determined by the
Secretary to be suitable for use by the United States for
national defense or military purposes in time of war or
national emergency.
``(c) Determinations of Eligibility.--
``(1) Determinations required.--The Secretary shall make
determinations under subsection (b) for each vessel for which
an eligibility decision application is submitted under this
section.
``(2) Determination regarding certification.--The Secretary
shall--
``(A) make the finding and certification under paragraph
(3)(E)(ii) for a vessel, or de-
[[Page 1419]]
termine not to, by not later than 60 days after the date of
receipt of an eligibility decision application for the
vessel; and
``(B) make the finding and certification under paragraph
(3)(F)(iii) for a vessel, or determine not to, by not later
than 60 days after the closing date of the solicitation
pursuant to paragraph (3)(F)(ii) for the vessel.
``(3) Written explanation.--The Secretary shall provide to
the person that submits an eligibility application for a
vessel a written explanation of any decision that the vessel
is not eligible for enrollment in the Fleet.
``(d) List of Eligible Vessels.--
``(1) In general.--The Secretary shall maintain a list of
vessels that the Secretary decides in accordance with this
section are eligible to be enrolled in the Fleet.
``(2) Removal of vessels from list.--The Secretary shall
remove a vessel from the list maintained under this
subsection, and the vessel shall not be an eligible vessel
for purposes of this title--
``(A) at any time that the conditions for eligibility under
subsection (b) are not fulfilled for the vessel;
``(B) if the status of the person who submitted an
eligibility decision application for the vessel, as owner or
operator of the vessel, changes and after that change--
``(i) the owner or operator of the vessel fails to submit a
new eligibility decision application for the vessel; or
``(ii) such an application is not approved by the
Secretary; or
``(C) if the vessel carries as cargo any item that--
``(i) is sold or shipped to the United States;
``(ii) is not made in the United States; and
``(iii) the owner or operator of the vessel knows has had
fruadulently affixed to it a label bearing a `Made in
America' inscription, or any inscription with the same
meaning.
``SEC. 404. OPERATING AGREEMENTS, GENERALLY.
``(a) Requirement for Enrollment of Vessels.--A vessel may
be enrolled in the Fleet only if it is an eligible vessel for
which the owner or operator of the vessel applies for and
enters into an operating agreement with the Secretary under
this section.
``(b) Priority for Awarding Agreements.--Subject to the
availability of appropriations, the Secretary shall enter
into operating agreements according to the following
priority:
``(1) Vessels owned by citizens.--
``(A) Priority.--First, for any vessel that is--
``(i) owned and operated by persons who are citizens of the
United States under section 2 of the Shipping Act, 1916; or
``(ii) less than 5 years of age and owned and operated by a
corporation that is--
``(I) eligible to document a vessel under chapter 121 of
title 46, United States Code; and
``(II) affiliated with a corporation operating or managing
other United States documented vessels for the Secretary of
Defense or chartering other vessels to the Secretary of
Defense.
``(B) Limitation on number of operating agreements.--The
total number of operating agreements that may be entered into
by a person under the priority in subparagraph (A)--
``(i) for vessels described in subparagraph (A)(i), may not
exceed the sum of--
``(I) the number of United States documented vessels the
person operated in the foreign commerce of the United States
(except mixed coastwise and foreign commerce) on January 1,
1993; and
``(II) the number of United States documented vessels the
person chartered to the Secretary of Defense on that date;
and
``(ii) for vessels described in subparagraph (A)(ii), may
not exceed 4 vessels.
``(C) Treatment of related parties.--For purposes of
subparagraph (B), a related party with respect to a person
shall be treated as the person.
``(2) Other vessels owned by citizens and government
contractors.--To the extent that amounts are available after
applying paragraph (1), any vessel that is--
``(A) owned and operated by--
``(i) citizens of the United States under section 2 of the
Shipping Act, 1916, that have not been awarded an operating
agreement under the priority established under paragraph (1);
or
``(ii)(I) eligible to document a vessel under chapter 121
of title 46, United States Code; and
``(II) affiliated with a corporation operating or managing
other United States documented vessels for the Secretary of
Defense or chartering other vessels to the Secretary of
Defense; and
``(B) on the list maintained under section 403(d).
``(3) Other vessels.--To the extent that amounts are
available after applying paragraphs (1) and (2), any vessel
that is--
``(A) owned and operated by a person that is eligible to
document a vessel under chapter 121 of title 46, United
States Code; and
``(B) on the list maintained under section 403(d).
``(c) Award of Agreements.--
``(1) In general.--The Secretary shall award operating
agreements within each priority under subsection (b) (1),
(2), and (3) under regulations prescribed by the Secretary.
``(2) Number of agreements awarded.--Regulations under
paragraph (1) shall provide that if appropriated amounts are
not sufficient for operating agreements for all vessels
within a priority under subsection (b) (1), (2), or (3), the
Secretary shall award to each person submitting a request a
number of operating agreements that bears approximately the
same ratio to the total number of vessels in the priority, as
the amount of appropriations available for operating
agreements for vessels in the priority bears to the amount of
appropriations necessary for operating agreements for all
vessels in the priority.
``(3) Treatment of related parties.--For purposes of
paragraph (2), a related party with respect to a person shall
be treated as the person.
``(d) Time Limit for Decision on Entering Operating
Agreement.--The Secretary shall enter an operating agreement
for a vessel within 90 days after making the decision that
the vessel is eligible to be enrolled in the Fleet under
section 403(a).
``(e) Effective Date of Operating Agreement.--The effective
date of an operating agreement may not be later than the
later of--
``(1) the date the vessel covered by the agreement enters
into the trade required under section 405(a)(1)(A);
``(2) the date the vessel covered by the agreement is
withdrawn from an operating differential subsidy contract
under title VI;
``(3) the date of termination of an operating differential
subsidy contract under title VI that applies to the vessel;
or
``(4) the date of the expiration or termination of a
charter of the vessel to the United States Government that
was entered into before the date of the enactment of the
Maritime Security and Competitiveness Act of 1993.
``(f) Expiration of Offers for Agreements.--Unless extended
by the Secretary, an offer by the Secretary to enter into an
operating agreement under this section expires 120 days after
the date the offer is made.
``(g) Length of Agreements.--An operating agreement is
effective for 10 years from the effective date of the
agreement.
``(h) Repayment Requirements.--
``(1) Noncompliance.--A contractor that fails to comply
with the terms of an operating agreement shall be liable to
the United States Government for all amounts received by the
contractor as payments for the vessel under this title with
respect to the period of that noncompliance, and for interest
on those amounts determined under paragraph (3).
``(2) Failure to operate replacement vessel.--A contractor
under an operating agreement that covers a vessel that is 25
or more years of age and that fails to replace the vessel as
provided in section 405(a)(3) (A) or (B) shall be liable to
the United States Government for all amounts received by the
contractor as payments for the vessel under this title with
respect to periods after the date the vessel becomes 25 years
of age, and for interest on those amounts determined under
paragraph (3).
``(3) Determination of interest.--Interest under paragraphs
(1) and (2) shall be at an annual rate equal to 125 percent
of the coupon issue yield equivalent (as determined by the
Secretary of the Treasury) of the average accepted auction
price for auctions of 3 month United States Treasury bills
settled during the quarter preceding the date of the failure
to comply or the failure to replace, respectively.
``(i) Prohibition on Agreements for Certain Vessels.--The
Secretary may not enter into an operating agreement for a
vessel that is owned or operated by a person that was a
contractor for the vessel under an operating agreement
terminated under section 405(a)(10), before the end of the
term of the agreement that was terminated.
``(j) Binding Obligation of Government.--An operating
agreement constitutes a contractual obligation of the United
States Government to pay the amounts provided for under that
agreement.
``SEC. 405. TERMS OF OPERATING AGREEMENTS.
``(a) Operating Agreement Requirements.--An operating
agreement shall, during the effective period of the
agreement, provide the following:
``(1) Operation and documentation.--The vessel covered by
the operating agreement--
``(A) shall be operated in the foreign trade or domestic
trade allowed under a registry endorsement for the vessel
issued under section 12105 of title 46, United States Code;
``(B) may not be operated in the coastwise trade of the
United States or in mixed coastwise and foreign trade, except
for coastwise trade allowed under a registry endorsement
issued for the vessel under section 12105 of title 46, United
States Code; and
``(C) shall be documented under chapter 121 of title 46,
United States Code.
``(2) Annual payments.--
``(A) In general.--The Secretary shall pay the contractor,
in accordance with this subsection, the following amounts for
each fiscal year in which the vessel is operated in
accordance with the agreement:
``(i) For fiscal year 1994, $2,300,000.
``(ii) For each fiscal year thereafter, $2,100,000.
``(B) Limitation.--The Secretary shall not pay any amount
pursuant to this paragraph for any day in which the vessel
is--
``(i) under a charter to the United States Government that
was entered into before the date of the enactment of the
Maritime Security and Competitiveness Act of 1993; or
``(ii) covered by an operating differential subsidy
contract under title VI.
``(3) Termination based on age of vessel.--
[[Page 1420]]
``(A) In general.--Except as provided in subparagraph (B),
the operating agreement shall terminate on the later of--
``(i) the date the vessel covered by the agreement is 25
years of age, or
``(ii) the date the vessel covered by the agreement is 30
years of age, in the case of an agreement that covers a
vessel that is repowered in a United States shipyard after
the effective date of the operating agreement and before the
vessel is 25 years of age.
``(B) Exception.--The operating agreement shall not
terminate under subparagraph (A) if the contractor agrees to
acquire a replacement for the vessel from among vessels on
the list maintained under section 403(d), and--
``(i) in the case of a vessel to be replaced with a new
vessel, the contractor enters into a binding contract with a
shipyard that requires the shipyard to deliver the
replacement vessel by not later than 30 months after the
later of the date the operating agreement is entered into or
the date the operating agreement would otherwise terminate
under subparagraph (A); or
``(ii) in the case of a vessel to be replaced with an
existing vessel, the contractor acquires the replacement
vessel from among vessels on the list maintained under
section 403(d), by not later than 12 months after the later
of the date the operating agreement is entered into or the
date the operating agreement would otherwise expire under
subparagraph (A).
``(4) Availability of vessel.--
``(A) In general.--On a request of the President during
time of war or national emergency or when considered by the
President, acting through the Secretary in consultation with
the Secretary of Defense, to be necessary in the interest of
national security, and subject to subparagraph (B), the
contractor as soon as practicable shall, as specified by the
Secretary--
``(i) make the vessel covered by the agreement available to
the Secretary under a time charter; or
``(ii) provide space on the vessel covered by the agreement
to the Secretary on a guaranteed basis.
``(B) Condition for charter.--The Secretary shall allow a
contractor to comply with this paragraph by providing space
on a vessel under subparagraph (A)(ii) unless the Secretary
determines that it is necessary in the interest of national
security that the contractor make the vessel available under
a time charter.
``(5) Delivery of vessel.--The contractor shall deliver a
vessel to the Secretary pursuant to a time charter under
paragraph (4)(A)(i), as specified in the request for the
vessel--
``(A) at the first port in the United States the vessel is
scheduled to call after the date of receipt of the request;
``(B) at the port in the United States to which the vessel
is nearest on the date of receipt of the request; or
``(C) in any other reasonable manner authorized by the
agreement and specified in the request.
``(6) Delivery costs.--In addition to amounts paid under
paragraph (2), the Secretary shall reimburse the contractor
for costs incurred by the contractor in delivering the vessel
covered by the agreement to the Secretary in accordance with
the agreement.
``(7) Compensation.--In addition to amounts paid under
paragraph (2), the Secretary shall pay the contractor, as
provided in the operating agreement, reasonable compensation
at reasonable commercial rates for the period of time the
vessel is chartered or the contractor provides space on the
vessel under paragraph (4).
``(8) Required operation.--
``(A) In general.--A vessel covered by the operating
agreement shall be operated in the trade required under
paragraph (1), and under conditions eligible for payment
under this title, for at least 320 days in a fiscal year,
including days during which the vessel is dry-docked,
surveyed, inspected, or repaired.
``(B) Reduction in payments.--If a vessel operates in the
trade required under paragraph (1), and under conditions
eligible for payment under this title, for less than the time
required under subparagraph (A), the payments required under
paragraph (2) shall be reduced on a pro-rata basis to reflect
the lesser time in that operation.
``(9) Substitution of vessels authorized.--The contractor
may substitute for the vessel covered by the agreement
another vessel on the list maintained under section 403(d).
``(10) Other termination.--The operating agreement shall
terminate if--
``(A) in the case of a vessel that transports less than
12,000 tons of bulk cargo under the agreement--
``(i) the vessel covered by the agreement is not operated
under an operating agreement for one year; and
``(ii) a substitute for that vessel is not operated under
the agreement during that year; or
``(B) the contractor notifies the Secretary that the
contractor intends to terminate the agreement, by not later
than 60 days before the effective date of the termination.
``(b) Payments.--
``(1) In general.--The amount required to be paid by the
Secretary each year to a contractor under an operating
agreement pursuant to subsection (a)(2)--
``(A) shall be paid at a pro rated amount at the beginning
of each month in equal installments; and
``(B) except as provided in paragraph (2), may not be
reduced by reason of operation of the vessel covered by the
agreement to carry civilian or military preference cargoes
under--
``(i) section 901(a), 901(b), or 901b;
``(ii) section 2631 of title 10, United States Code; or
``(iii) the Act of March 26, 1934 (48 Stat. 500).
``(2) Reduction for preference cargo.--A contractor with
respect to a vessel may not receive any payment under this
title for any day in which the vessel is engaged in
transporting more than 12,000 tons of preference cargo
described in paragraph (1)(B) that is bulk cargo (as defined
in section 3 of the Shipping Act of 1984).
``(c) Redelivery of Vessels.--The Secretary shall, upon the
termination of the need for which a vessel is delivered under
subsection (a)(4), return the vessel to the contractor--
``(1) at a place that is mutually agreed upon by the
Secretary of Defense and the contractor; and
``(2) in the condition in which it was delivered to the
Secretary, excluding normal wear and tear.
``(d) Transfer of Operating Agreements.--A contractor under
an operating agreement may transfer the agreement (including
all rights and obligations under the agreement) to any other
person that is a citizen of the United States, after
notification of the Secretary in accordance with regulations
prescribed by the Secretary, unless the transfer is
disapproved by the Secretary within 90 days after the date of
that notification. A transfer shall not be effective before
the end of that 90-day period. A person to whom an agreement
is transferred may receive payments from the Secretary under
the agreement only if the vessel to be covered by the
agreement after the transfer is on the list maintained under
section 403(d).
``SEC. 406. NONCONTIGUOUS TRADE RESTRICTIONS.
``(a) Prohibition.--
``(1) In general.--Except as provided in this section, a
contractor may not receive any payment under this title--
``(A) if the contractor or a related party with respect to
the contractor, directly or indirectly owns, charters, or
operates a vessel engaged in the transportation of cargo in
noncontiguous trade other than in accordance with a waiver
under subsection (b), (c), or (d); or
``(B) if the contractor is authorized to operate a vessel
in noncontiguous trade under such a waiver, and there is a--
``(i) material change in the domestic ports served by the
contractor from the ports permitted to be served under the
waiver;
``(ii) material increase in the annual number or the
frequency of sailings by the contractor from the number or
frequency permitted under the waiver; or
``(iii) material increase in the annual volume of cargo
carried or annual capacity utilized by the contractor from
the annual volume of cargo or annual capacity permitted under
the waiver.
``(2) Limitations on prohibition.--Paragraph (1) applies to
a contractor only in the years specified for payments under
the operating agreement entered into by the contractor.
``(b) General Waiver Authority.--
``(1) In general.--Except as provided in subsection (c),
the Secretary may waive, in writing, the application of
subsection (a) to a contractor pursuant to an application
submitted in accordance with this subsection, unless the
Secretary finds that--
``(A) the waiver would result in unfair competition to any
person that operates vessels as a carrier of cargo in a
service exclusively in the noncontiguous trade for which the
waiver is applied;
``(B) subject to paragraph (6), existing service in that
noncontiguous trade is adequate; or
``(C) the waiver will result in prejudice to the objects or
policy of this title or Act.
``(2) Terms of waiver.--Any waiver granted by the Secretary
under this subsection shall state--
``(A) the domestic ports permitted to be served;
``(B) the annual number or frequency of sailings that may
be provided; and
``(C)(i) the annual volume of cargo permitted,
``(ii) for containerized or trailer service, the annual 40-
foot equivalent unit shipboard container and trailer or
vehicle or general cargo capacity permitted, or
``(iii) for tug and barge service, the annual barge house
cubic foot capacity and the annual barge deck general cargo
capacity, or 40-foot equivalent unit container, trailer, or
vehicle capacity, permitted.
``(3) Applications for waivers.--An application for a
waiver under this subsection may be submitted by a contractor
and shall describe, as applicable, the nature and scope of--
``(A) the service proposed to be conducted in a
noncontiguous trade under the waiver; or
``(B) any proposed material change or increase in a service
in a noncontiguous trade permitted under a previous waiver.
``(4) Action on application and hearing.--
``(A) Notice and proceeding.--Within 30 days after receipt
of an application for a waiver under this subsection, the
Secretary shall--
``(i) publish a notice of the application; and
[[Page 1421]]
``(ii) begin a proceeding on the application under section
554 of title 5, United States Code, to receive--
``(I) evidence of the nature, quantity, and quality of the
existing service in the noncontiguous trade for which the
waiver is applied;
``(II) a description of the proposed service or proposed
material change or increase in a previously permitted
service;
``(III) the projected effect of the proposed service or
proposed material change or increase in existing service; and
``(IV) recommendations on conditions that should be
contained in any waiver for the proposed service or material
change or increase.
``(B) Intervention.--An applicant for a waiver under this
subsection, and any person that operates cargo vessels in the
noncontiguous trade for which a waiver is applied and that
has any interest in the application, may intervene in the
proceedings on the application.
``(C) Hearing.--Before deciding whether to grant a waiver
under this subsection, the Secretary shall hold a public
hearing in an expeditious manner, reasonable notice of which
shall be published.
``(5) Decision.--The Secretary shall complete all
proceedings and hearings on an application under this
subsection and issue a decision on the record within 90 days
after receipt of the final briefs submitted for the record.
``(6) Limitation on consideration of certain existing
service.--
``(A) Limitation.--In determining whether to grant a waiver
under this subsection for noncontiguous trade with Hawaii,
the Secretary shall not consider the criterion set forth in
paragraph (1)(B) if a qualified operator--
``(i) is a contractor, and
``(ii) operates 4 or more vessels in foreign commerce in
competition with another contractor.
``(B) Qualified operator.--In this paragraph, the term
`qualified operator' means a person that on July 1, 1992,
offered service as an operator of containerized vessels,
trailer vessels, or combination container and trailer vessels
in noncontiguous trade with Hawaii and the Johnston Islands
(including a related party with respect to the person).
``(c) Waivers for Existing Noncontiguous Trade Operators.--
``(1) In general.--The Secretary shall waive the
application of subsection (a) to a contractor pursuant to an
application submitted in accordance with this subsection if
the Secretary finds that the contractor, or a related party
or predecessor in interest with respect to the contractor--
``(A) engaged in bona fide operation of a vessel as a
carrier of cargo by water--
``(i) in a noncontiguous trade on July 1, 1992; or
``(ii) in furnishing seasonal service in a season
ordinarily covered by its operation, during the 12 calendar
months preceding July 1, 1992; and
``(B) has operated in that service since that time, except
for interruptions of service resulting from military
contingency or over which the contractor (or related party or
predecessor in interest) had no control.
``(2) Terms of waiver.--
``(A) In general.--Except as otherwise provided in this
paragraph, the level of service permitted under a waiver
under this subsection shall be the level of service provided
by the applicant (or related party or predecessor in
interest) in the relevant noncontiguous trade during, for
year-round service, the 6 calendar months preceding July 1,
1992, or for seasonal service, the 12 calendar months
preceding July 1, 1992, determined by--
``(i) the domestic ports called;
``(ii) the number of sailings actually made, except as to
interruptions in the service in the noncontiguous trade
resulting from military contingency or over which the
applicant (or related party or predecessor in interest) had
no control; and
``(iii) the volume of cargo carried or, for containerized
or trailer service, the 40-foot equivalent unit shipboard
container, trailer, or vehicle or general cargo capacity
employed, or, for tug and barge service, the barge house
cubic foot capacity and barge deck general cargo capacity or
40-foot equivalent unit container, trailer, or vehicle
capacity, employed.
``(B) Certain containerized vessels.--If an applicant under
this subsection was offering service as an operator of
containerized vessels in noncontiguous trades with Hawaii,
Puerto Rico, and Alaska on July 1, 1992, a waiver under this
subsection for the applicant shall permit a level of service
consisting of--
``(i) 104 sailings each year from the West Coast of the
United States to Hawaii with an annual capacity allocated to
the service of 75 percent of the total capacity of the
vessels employed in the service on July 1, 1992;
``(ii) 156 sailings each year in each direction between the
East Coast or Gulf Coast of the United States and Puerto Rico
with an annual capacity allocated to the service of 75
percent of the total capacity of its vessels employed in the
service on the date of the enactment of the Maritime Security
and Competitiveness Act of 1993; and
``(iii) 103 sailings each year in each direction between
Washington and Alaska with an annual capacity allocated to
the service in each direction of 100 percent of the total
capacity of its vessels employed in the service on July 1,
1992.
``(C) Certain tugs and barges.--If an applicant under this
subsection was offering service as an operator of tugs and
barges in noncontiguous trades with Hawaii, Puerto Rico, and
Alaska on July 1, 1992, a waiver under this subsection for
the applicant shall permit a level of service consisting of--
``(i) 17 sailings each year in each direction between ports
in Washington, Oregon, and Northern California and ports in
Hawaii with an annual barge house cubic foot capacity and
annual barge deck 40-foot equivalent unit container capacity
in each direction of 100 percent of the total of the capacity
of its vessels employed in the service during the 6 calendar
months preceding July 1, 1992, annualized;
``(ii) 253 sailings each year in each direction between the
East Coast or Gulf Coast of the United States and Puerto Rico
with an annual 40-foot equivalent unit container or trailer
capacity equal to 100 percent of the capacity of its barges
employed in the service on the date of the enactment of the
Maritime Security and Competitiveness Act of 1993;
``(iii) 37 regularly scheduled tandem tow rail barge
sailings and 10 additional single tow rail barge sailings
each year in each direction between Washington and the
Alaskan port range between and including Anchorage and
Whittier with an annual capacity allocated to the service in
each direction of 100 percent of the total rail car capacity
of its vessels employed in the service on July 1, 1992;
``(iv) 8 regularly scheduled single tow sailings each year
in each direction between Washington and points in Alaska
(not including the port range between and including Anchorage
and Whittier, except occasional deviations to discharge
incidental quantities of cargo) with an annual capacity
allocated to the service in each direction of 100 percent of
the total capacity of its vessels employed in the service on
July 1, 1992; and
``(v) unscheduled, contract carrier tug and barge service
between points in Alaska south of the Arctic Circle not
served by the common carrier service permitted under clause
(iii) and points in the contiguous 48 States, with an annual
capacity allocated to that service not exceeding 100 percent
of the total capacity of the equipment that was dedicated to
service south of the Arctic Circle on July 1, 1992, and
actually utilized in that service in the 2-year period
preceding that date.
``(D) Annualization.--Capacity otherwise required by this
paragraph to be permitted under a waiver under this
subsection shall be annualized if not a seasonal service.
``(E) Adjustments.--
``(i) Each written waiver granted by the Secretary under
this subsection shall contain a statement that the annual
capacity permitted under this waiver in any direction shall
increase for a calendar year by the percentage of increase
during the preceding calendar year in the real gross product
of the State or territory to which goods are transported in
the noncontiguous trade covered by the waiver, or its
equivalent economic measure as determined by the Secretary if
the real gross product is not available, and that the
increase shall not be considered to be a material change or
increase for purposes of subsection (a)(1)(B).
``(ii) The increase in permitted capacity under clause (i)
in the noncontiguous trade with Alaska shall be allowed only
to the extent the operator actually uses that increased
capacity to carry cargo in the permitted service in the
calendar year immediately following the preceding increase in
gross product. However, if an operator operating exclusively
containerized vessels in that trade on July 1, 1992, carries
an average loan factor of at least 90 percent of permitted
capacity (including the capacity, if any, both authorized and
used under the previous sentence) during 9 months of any one
calendar year, than in the next following calendar year and
thereafter, the requirement that additional capacity must be
used in the immediately following year does not apply.
``(F) Service levels not increased by termination of
agreement.--The termination of an operating agreement under
section 405(a)(10) shall not be considered to increase a
level of service specified in subparagraph (A), (B), or (C)
if the contractor under the agreement enters into another
operating agreement after that termination.
``(3) Applications for waivers.--For a waiver under this
subsection a contractor shall submit to the Secretary an
application certifying the facts required to be found under
paragraph (1) (A) or (B), as applicable.
``(4) Action on application.--
``(A) Notice.--The Secretary shall publish a notice of
receipt of an application for a waiver under this subsection
within 30 days after receiving the application.
``(B) Hearing prohibited.--The Secretary may not conduct a
hearing on an application for a waiver under this subsection.
``(C) Submission of comments.--The Secretary shall give
every person operating a cargo vessel in a noncontiguous
trade for which a waiver is applied for under this subsection
and who has any interest in the application a reasonable
opportunity to submit comments on the application and on the
description of the service that would be permitted by any
waiver that is granted by the Secretary under the
application.
``(5) Decision on application.--Subject to the time
required for publication of notice and for receipt and
evaluation of comments by the Secretary, an application for a
waiver under this subsection submitted at the same time the
applicant applies for inclusion of a vessel in the Fleet
shall be granted in accordance with the level of service
deter-
[[Page 1422]]
mined by the Secretary under this subsection by not later
than the date on which the Secretary offers to the applicant
an operating agreement with respect to that vessel.
``(6) Change or increase in service.--Any material change
or increase in a service that is subject to a waiver under
this subsection is not authorized except to the extent the
change or increase is permitted by a waiver under subsection
(b).
``(d) Emergency Waiver.--Notwithstanding any other
provision of this section, the Secretary may, without
hearing, temporarily waive the application of subsection
(a)(1)(B) if the Secretary finds that a material change or
increase is essential in order to respond adequately to (1)
an environmental or natural disaster or emergency, or (2)
another emergency declared by the President. Any waiver shall
be for a period of not to exceed 45 days, except that a
waiver may be renewed for 30-day periods if the Secretary
finds that adequate capacity continues to be otherwise
unavailable.
``(e) Annual Report on Waivers.--Each waiver under this
section shall require the person who is granted the waiver to
submit to the Secretary each year an annual report setting
forth for the service authorized by the waiver--
``(1) the ports served during the year;
``(2) the number or frequency of sailings performed during
the year; and
``(3) the volume of cargo carried or, for containerized or
trailer service, the annual 40-foot equivalent unit shipboard
container, trailer, or vehicle capacity utilized during the
year, or for tug and barge service, the annual barge house
and barge deck capacity utilized during the year.
``(f) Definitions.--In this section--
``(1) the term `noncontiguous trade' means trade between--
``(A) a point in the contiguous 48 States; and
``(B) a point in Alaska, Hawaii, or Puerto Rico, other than
a point in Alaska north of the Arctic Circle; and
``(2) the term `related party' means--
``(A) a holding company, subsidiary, affiliate, or
associate of a contractor; and
``(B) an officer, director, agency, or other executive of a
contractor or of a person referred to in subparagraph (A).
``SEC. 407. OPERATING COMPETING FOREIGN VESSELS.
``(a) In General.--Except as provided in this section, a
contractor (including a related party with respect to a
contractor) may not own, charter, or operate a foreign vessel
in competition with a United States documented vessel.
``(b) Exception.--Subsection (a) does not apply to a
foreign vessel if--
``(1)(A) the contractor has applied for an operating
agreement for a vessel to be operated in the same service as
the foreign vessel; and
``(B) the Secretary, due to the unavailability of funds,
does not award an operating agreement to that contractor for
a United States documented vessel for that service within 60
days after that application is submitted;
``(2) the Secretary, after notice and an opportunity for a
hearing, under special circumstances, and for good cause
shown, waives subsection (a) for the contractor for a
specified period of time; or
``(3) the foreign vessel was operated by that contractor on
August 5, 1993.
``SEC. 408. FUNDING FOR OPERATING AGREEMENTS.
``(a) Authorization of Appropriations.--For entering into
operating agreements under this title there are authorized to
be appropriated to the Secretary $1,200,000,000 for fiscal
year 1995. Amounts appropriated under this subsection shall
remain available until expended.
``(b) Transfer of Balances From Operating Differential
Subsidy Program.--Any amounts otherwise available for
operating differential subsidy contracts under title VI that
are no longer required for those contracts are available,
until expended, for operating agreements.
``SEC. 409. DEFINITIONS.
``In this title:
``(1) Contractor.--The term `contractor' means an owner or
operator of a vessel that enters into an operating agreement
for the vessel with the Secretary.
``(2) Eligibility decision application.--The term
`eligibility decision application' means an application for a
decision by the Secretary under section 403 that a vessel is
eligible to be enrolled in the Fleet.
``(3) Eligible vessel.--The term `eligible vessel' means a
vessel that the Secretary decides under section 403 is
eligible to be enrolled in the Fleet.
``(4) Fleet.--The term `Fleet' means the Maritime Security
Fleet established under section 402.
``(5) Operating agreement.--The term `operating agreement'
means an operating agreement entered into by the Secretary
under section 404.
``(6) Related party.--The term `related party' means, with
respect to a contractor or other person--
``(A) a holding company, subsidiary, affiliate, or
association of the person; and
``(B) an officer, director, other executive, or agent of
the person or of an entity referred to in paragraph (1).
``(7) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(8) United states documented vessel.--The term `United
States documented vessel' means a vessel that is documented
under chapter 121 of title 46, United States Code.''.
SEC. 103. OPERATING-DIFFERENTIAL SUBSIDY CONTRACTS.
(a) Termination of Existing Contracts.--Notwithstanding any
other provision of this Act, any contract in effect under
title VI of the Merchant Marine Act, 1936 (46 App. U.S.C.
1171 et seq.), on the day before the date of enactment of
this Act shall continue in effect under its terms and
terminate as set forth in the contract, unless voluntarily
terminated on an earlier date by the persons (other than the
United States Government) that are parties to the contract.
(b) Age Acceleration of Bulk Cargo ODS Vessels.--Section
506 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1156) is
amended--
(1) by inserting ``(a)'' after ``Sec. 506.''; and
(2) by adding at the end the following new subsection:
``(b) For purposes of this section, any liquid or dry bulk
cargo vessel for which operating-differential subsidy is
required to be paid under a contract under title VI that is
in force on May 19, 1993, shall, effective upon the
termination date of the contract (as set forth in the
contract as in effect on May 19, 1993, be deemed to have
reached the age of 20 years.''.
(c) Restrictions on Operations of ODS Vessels.--Title VI of
the Merchant Marine Act, 1936 (46 App. U.S.C. 1171 et seq.),
as amended by this Act, is further amended by adding at the
end the following:
``SEC. 616. LIMITATION ON APPLICATION OF RESTRICTIONS ON
OPERATIONS.
``(a) Sections 605(c) and 804, this section, and the
essential service requirements in section 601(a) and 603(a),
do not apply to a contractor if--
``(1) the contractor submits an eligibility decision
application to the Secretary under title IV for all of the
vessels operated by the contractor under an operating-
differential subsidy contract; and
``(2) all of those vessels for which operating agreements
are offered by the Secretary under title IV are enrolled in
the Maritime Security Fleet.
``(b)(1) With respect to the operations of a contractor
receiving operating-differential subsidy for liner vessels on
a particular trade route, as defined in that contractor's
contract in effect on January 1, 1993, that operator shall
not be subject to the restrictions of either section 605(c)
or section 804 with respect to operations on that trade
route, commencing at such time as--
``(A) that operator transfers 50 percent or more of its
vessels that were operating on that trade route as of January
1, 1993, from the operating-differential subsidy program to
the Maritime Security Fleet program under title IV; or
``(B) that operator is the only contractor receiving
operating-differential subsidy with respect to that trade
route, and all other United States-flag liner operators
operating a vessel on that trade route are operating on that
trade route only vessels for which there are in effect
operating agreements under title IV.
``(2) With respect to any contractor receiving operating-
differential subsidy for liner vessels on Maritime
Administration Essential Trade Route 1, 2, or 8, that
operator shall not be subject to the restrictions of either
section 605(c) or section 804 with respect to operations on
any of those trade routes, commencing at such time as
payments begin to accrue on behalf of another United States-
flag operator that is a party to an operating agreement under
title IV which provides liner service on Maritime
Administration Essential Trade Route 2.''.
(d) Elimination of Trade Route Restrictions.--Section
809(a) of the Merchant Marine Act, 1936 (46 U.S.C. 1213(a))
is amended by adding at the end the following: ``This
subsection shall not apply to contracts under title IV or
funds for such contracts.''.
SEC. 104. ELIMINATION OF CONSTRUCTION DIFFERENTIAL SUBSIDY
RESTRICTIONS.
Title V of the Merchant Marine Act, 1936 (46 App. U.S.C.
1151 et seq.), is amended by adding at the end the following:
``SEC. 512. LIMITATION ON RESTRICTIONS.
``Notwithstanding any other provision of law or contract,
all restrictions and requirements under sections 503, 506,
and 802 applicable to a liner vessel constructed,
reconstructed, or reconditioned with the aid of construction-
differential subsidy shall terminate upon the expiration of
the 25-year period beginning on the date of the original
delivery of the vessel from the shipyard.''.
SEC. 105. DEFINITIONS APPLICABLE TO MERCHANT MARINE ACT,
1936.
Section 905 of the Merchant Marine Act, 1936 (46 App.
U.S.C. 1244), is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Each of the terms `foreign commerce' and `foreign
trade' mean--
``(1) trade between the United States and a foreign
country; or
``(2) trade between foreign ports.'';
(2) by striking subsection (c) and inserting the following:
``(c) The term `citizen of the United States' means a
person eligible to own a documented vessel under chapter 121
of title 46, United States Code.'', and
(3) by adding at the end the following:
``(h) The term `foreign subsidized shipyard' means a
shipyard that--
``(1) receives or benefits from, directly or indirectly, a
shipyard subsidy for the construction of vessels; and
``(2) is located in a foreign country that has not signed a
trade agreement with the
[[Page 1423]]
United States that provides for the elimination of subsidies
for that shipyard.
``(i) The term `subsidy' includes any of the following:
``(1) Officially supported export credits and development
assistance.
``(2) Direct official operating support to the commercial
shipbuilding and repair industry, or to a related entity that
favors the operation of shipbuilding and repair, including--
``(A) grants;
``(B) loans and loan guarantees other than those available
on the commercial market;
``(C) forgiveness of debt;
``(D) equity infusions on terms inconsistent with
commercially reasonable investment practices;
``(E) preferential provision of goods and services; and
``(F) public sector ownership of commercial shipyards on
terms inconsistent with commercially reasonable investment
practices.
``(3) Direct official support for investment in the
commercial shipbuilding and repair industry, or to a related
entity that favors the operation of shipbuilding and repair,
including the kinds of support listed in clauses (i) through
(v) of subparagraph (B), and any restructuring support,
except public support for social purposes directly and
effectively linked to shipyard closures.
``(4) Assistance in the form of grants, preferential loans,
preferential tax treatment, or otherwise, that benefits or is
directly related to shipbuilding and repair for purposes of
research and development that is not equally open to domestic
and foreign enterprises.
``(5) Tax policies and practices that favor the
shipbuilding and repair industry, directly or indirectly,
such as tax credits, deductions, exemptions and preferences,
including accelerated depreciation, if the benefits are not
generally available to persons or firms not engaged in
shipbuilding or repair.
``(6) Any official regulation or practice that authorizes
or encourages persons or firms engaged in shipbuilding or
repair to enter into anticompetitive arrangements.
``(7) Any indirect support directly related, in law or in
fact, to shipbuilding and repair at national yards, including
any public assistance favoring shipowners with an indirect
effect on shipbuilding or repair activities, and any
assistance provided to suppliers of significant inputs to
shipbuilding, which results in benefits to domestic
shipbuilders.
``(8) Any export subsidy identified in the Illustrative
List of Export Subsidies in the Annex to the Agreement on
Interpretation and Application of Articles VI, XVI, and XXIII
of the General Agreement on Tariffs and Trade or any other
export subsidy that may be prohibited as a result of the
Uruguay Round of trade negotiations.''.
SEC. 106. GOVERNMENT-IMPELLED CARGOES.
(a) Vessels Eligible for Cargoes.--Section 901(b) of the
Merchant Marine Act, 1936 (46 App. U.S.C. 1241(b)) is
amended--
(1) in paragraph (1), by striking ``For purposes of this
section, the term `privately owned United States-flag
commercial vessels' '' and all that follows through the end
of the paragraph; and
(2) by adding at the end the following new paragraphs:
``(3) In this section and section 901b, the term `privately
owned United States-flag commercial vessel' means a privately
owned vessel that is documented under chapter 121 of title
46, United States Code, that--
``(A) was built in the United States;
``(B) was documented under chapter 121 of title 46, United
States Code, before May 19, 1993;
``(C) does not transport under section 901b or this section
on any voyage more than 12,000 tons of bulk cargo (as defined
in section 3 of the Shipping Act of 1984), and--
``(i) was built in a foreign shipyard under a contract
entered into on or before May 19, 1993;
``(ii) is built under a contract entered into after that
date, in a foreign shipyard that on the date the contract is
entered is not a foreign subsidized shipyard; or
``(iii) is subject to an operating agreement under title
IV;
``(D)(i) is built under a contract entered into after May
19, 1993, in a foreign shipyard that on the date the contract
was entered is not a foreign subsidized shipyard; and
``(ii) has not been documented in a foreign country before
it is documented under chapter 121 of title 46, United States
Code; or
``(E) has been documented under chapter 121 of title 46,
United States Code, for at least 3 consecutive years, did not
transport any equipment, materials, or commodities during
that period under this section or section 901b, and--
``(i) was built in a foreign shipyard under a contract
entered into before May 19, 1993; or
``(ii) is built under a contract entered into after that
date, in a foreign shipyard that on the date the contract was
entered is not a foreign subsidized shipyard.
``(4) In paragraph (3), the term `built' includes
rebuilt.''.
(b) Clerical Amendment.--Section 901b of the Merchant
Marine Act, 1936 (46 App. U.S.C. 1241f) is amended by adding
at the end the following:
``(f) For the definition of the term `privately owned
United States-flag commercial vessel', see section
901(b)(3).''.
SEC. 107. VESSEL FINANCING.
(a) Elimination of Mortgagee Restrictions.--Section
31322(a) of title 46, United States Code, is amended to read
as follows:
``(a) A preferred mortgage is a mortgage, whenever made,
that--
``(1) includes the whole of the vessel;
``(2) is filed in substantial compliance with section 31321
of this title; and
``(3)(A) covers a documented vessel; or
``(B) covers a vessel for which an application for
documentation is filed that is in substantial compliance with
the requirements of chapter 121 of this title and the
regulations prescribed under that chapter.''.
(b) Elimination of Trustee Restrictions.--
(1) Repeal.--Section 31328 of title 46, United States Code,
is repealed.
(2) Conforming amendment.--Section 31330(b) of title 46,
United States Code, is amended in paragraphs (1), (2), and
(3) by striking ``31328 or'' each place it appears.
(c) Removal of Mortgage Restrictions.--Section 9 of the
Shipping Act, 1916 (46 App. U.S.C. 808), as amended by this
Act, is further amended--
(1) in subsection (c)--
(A) by striking ``31328'' and inserting ``12106(e)''; and
(B) in paragraph (1) by striking ``mortgage,'' each place
it appears; and
(2) in subsection (d)--
(A) in paragraph (1) by striking ``transfer, or mortgage''
and inserting ``or transfer'';
(B) in paragraph (2) by striking ``transfers, or
mortgages'' and inserting ``or transfers'';
(C) in paragraph (3)(B) by striking ``transfers, or
mortgages'' and inserting ``or transfers''; and
(D) in paragraph (4) by striking ``transfers, or
mortgages'' and inserting ``or transfers''.
(d) Lease Financing.--Section 12106 of title 46, United
States Code, is amended by adding at the end the following
new subsections:
``(e)(1) A certificate of documentation for a vessel may be
endorsed with a coastwise endorsement if--
``(A) the vessel is eligible for documentation under
section 12102;
``(B) the vessel is otherwise qualified under this section
to be employed in the coastwise trade;
``(C) the person that owns the vessel, or any other person
that owns or controls the person that owns the vessel, is
primarily engaged in leasing or other financing transactions;
``(D) the vessel is under a demise charter to a person
qualifying as a citizen of the United States for engaging in
the coastwise trade under section 2 of the Shipping Act,
1916; and
``(E) the demise charter is for--
``(i) a period of at least 3 years; or
``(ii) such shorter period as may be prescribed by the
Secretary.
``(2) On termination of a demise charter required under
paragraph (1)(D), the coastwise endorsement may be continued
for a period not to exceed 6 months on any terms and
conditions that the Secretary of Transportation may
prescribe.
``(f) For purposes of the first proviso of section 27 of
the Merchant Marine Act, 1920, section 2 of the Shipping Act,
1916, and section 12102(a), a vessel meeting the criteria of
subsection (d) or (e) is deemed to be owned exclusively by
citizens of the United States.''.
SEC. 108. PLACEMENT OF VESSELS UNDER FOREIGN REGISTRY.
(a) In General.--Section 9 of the Shipping Act, 1916 (46
App. U.S.C. 808), as amended by this Act, is further amended
by adding at the end the following:
``(e) Notwithstanding subsection (c)(2), the Merchant
Marine Act, 1936, or any contract entered into with the
Secretary under that Act, a vessel may be placed under a
foreign registry, without approval of the Secretary, if--
``(1)(A) the Secretary determines that at least one
replacement vessel of a capacity that is equivalent or
greater, as measured by deadweight tons, gross tons, or
container equivalent units, as appropriate, is documented
under chapter 121 of title 46, United States Code, by the
owner of the vessel placed under the foreign registry; and
``(B) the replacement vessel is not more than 10 years of
age on the date of that documentation;
``(2)(A) the owner of the vessel has applied for an
operating agreement under title IV of the Merchant Marine
Act, 1936; and
``(B) the Secretary, due to the unavailability of funds,
has not awarded that owner an operating agreement within 60
days after the date of that application; or
``(3)(A) before the expiration of an operating agreement
entered into under title IV of the Merchant Marine Act, 1936,
the owner has applied for a new operating agreement; and
``(B) the Secretary, due to the unavailability of funds,
has not awarded the owner an operating agreement before the
later of--
``(i) 60 days after the application for a new operating
agreement; or
``(ii) the date of expiration of the operating agreement.
``(f) The Secretary shall give notice and an opportunity
for a hearing for all approvals applied for under subsection
(c)(2) for oceangoing merchant vessels that are of at least
3,000 gross tons.''.
(b) Application.--The amendment made by subsection (a)
applies to vessels that are placed under foreign registry
after the date of enactment of this Act and replacement
vessels documented in the United States after that date.
(c) Court Sales of Vessels.--Section 31329 of title 46,
United States Code, is amended to read as follows:
``Sec. 31329. Court sales of documented vessels
``When a documented vessel is sold by order of a district
court to a mortgagee not eligible to own a documented
vessel--
[[Page 1424]]
``(1) that sale is not a sale foreign within the terms of
the first proviso of section 27 of the Merchant Marine Act,
1920 (46 App. U.S.C. 883); and
``(2) unless the vessel is transferred to a foreign
registry, the vessel may be operated only with the approval
of the Secretary of Transportation.''.
SEC. 109. SERIES CONSTRUCTION ASSISTANCE.
The Merchant Marine Act, 1936 (46 App. U.S.C. 1101 et seq.)
is amended by adding at the end the following:
``TITLE XIV--SERIES CONSTRUCTION ASSISTANCE
``SEC. 1401. PAYMENT OF ASSISTANCE AUTHORIZED.
``(a) In General.--The Secretary of Transportation
(hereinafter in this title referred to as the `Secretary')
may, subject to the availability of appropriations, pay
assistance in accordance with this title to the owner of a
shipyard that is located in the United States for the
construction (including outfitting and equipping) of any
commercial vessel that is one of a series of vessels for
which payment of assistance under this section to the owner
is approved by the Secretary under section 1402.
``(b) Amount of Assistance.--The total amount of assistance
paid under this section with respect to a vessel shall be
equal to the series transition payment determined for the
vessel under section 1403(a).
``SEC. 1402. APPROVAL OF ASSISTANCE FOR CONSTRUCTION OF
SERIES OF VESSELS.
``(a) Approval of Assistance.--
``(1) In general.--The Secretary may approve payment of
assistance under section 1401 for construction of a series of
vessels in a shipyard if--
``(A) the owner of the shipyard submits an application for
that assistance in accordance with section 1405;
``(B) the Secretary makes the determinations described in
subsection (b); and
``(C) the Secretary determines that payment of the
assistance will contribute to maintaining national vessel
construction capabilities that are essential in time of war
or national emergency.
``(2) Limitation.--The Secretary may not approve assistance
under this section for a series of vessels if the series
transition payment determined under section 1403(a) for any
vessel in the series is greater than 50 percent of the
estimate of the cost of constructing the vessel determined by
the Secretary under section 1403(b)(2).
``(b) Determinations by Secretary.--The Secretary may not
approve assistance for construction of a series of vessels in
a shipyard unless the Secretary has determined the following:
``(1) Vessel requirements.--The vessels are--
``(A) commercial vessels of at least 10,000 gross tons; and
``(B) commercially marketable on the international market.
``(2) Shipyard requirements.--The shipyard in which the
vessels will be constructed--
``(A) is located in the United States; and
``(B) upon completion of construction of the vessels, will
be capable of constructing additional vessels of the same
type as those in the series for a price that is competitive
in the international market.
``(3) Applicant requirements.--The applicant for the
assistance--
``(A) has the ability, financial resources, and other
qualifications necessary for construction of the vessels;
``(B) has entered into a contract for the construction of
each of the first 2 vessels to be constructed in the series,
which may include a contract for a vessel that will be
constructed without assistance under this title; and
``(C) is the owner of the shipyard in which the vessels
will be constructed.
``(4) Contract requirements.--Each of the contracts
required under paragraph (3)(B) are binding obligations on
the applicant and all other parties to the contracts, except
that such a contract may be contingent on--
``(A) the approval of assistance under this title for
construction of a vessel under the contract; and
``(B) the making of a guarantee or commitment to guarantee
obligations under title XI for construction under the
contract.
``(5) Purchaser requirements.--Each person that is a
purchaser of a vessel under a contract required under
paragraph (3)(B)--
``(A) has the ability, financial resources, and other
qualifications necessary to own and operate the vessel in
commercial service; and
``(B) is a party to the contract.
``(6) Series transition payment.--The series transition
payment under section 1403 for each vessel in the series.
``(c) Priority for Certain Series of Vessels.--In approving
assistance under this title, the Secretary may give priority
to a series of vessels--
``(1) if a smaller number of vessels in the series are
required to be constructed with assistance before
construction of that type of vessel becomes cost effective;
``(2) for which the total of the series transition payments
determined under section 1403 for all vessels in the series
is less than that total for other series of vessels for which
applications are submitted for assistance under this title;
``(3) that will be constructed in a shipyard with respect
to which assistance under this title has not been provided;
or
``(4) that would contribute to the preservation of a
shipyard that would be essential in a time of war or national
emergency.
``SEC. 1403. DETERMINATION OF SERIES TRANSITION PAYMENTS.
``(a) In General.--The Secretary shall determine the series
transition payment for each vessel in a series of vessels for
which an application for assistance under this title is
received by the Secretary.
``(b) Amount of Series Transition Payment.--The series
transition payment for a vessel under subsection (a) is equal
to the difference of--
``(1) the estimated cost of completing construction of the
vessel, as included in the application for assistance
submitted under section 1405; minus
``(2) a reasonable estimate of the cost of constructing the
vessel under similar plans and specifications in a foreign
shipyard that is considered by the Secretary to be a fair and
representative example for purposes of determining the
payment.
``SEC. 1404. SERIES CONSTRUCTION AGREEMENT.
``(a) In General.--
``(1) In general.--The Secretary shall, for each series of
vessels for which assistance is approved under section 1402,
enter into a series construction agreement with the owner of
the shipyard in which the series of vessels will be
constructed, under which the Secretary is required to pay the
owner assistance in accordance with a schedule established
under paragraph (2).
``(2) Schedule for payments.--An agreement under this
subsection shall establish a schedule for the payment of
assistance under the agreement, that is based on the
construction schedule for vessels for which the assistance is
paid.
``(3) Termination of agreement.--An agreement under this
subsection shall authorize the Secretary to terminate the
agreement if--
``(A) a contract required under section 1402(b)(3)(B) is
terminated by the purchaser of the vessel under the contract,
and the owner of the shipyard does not enter into a new
contract for construction of the vessel within a period which
shall be specified in the agreement; or
``(B) the owner of the shipyard fails to enter into
contracts for construction of all vessels in the series of
vessels to which the agreement applies, within a period which
shall be specified in the agreement.
``(4) Continuing effect of agreement with respect to
vessels covered by contracts.--The termination of a series
construction agreement under paragraph (3) shall not affect
the effectiveness of the agreement with respect to vessels
for which a construction contract is in effect on the date of
termination.
``(b) Binding Obligation of the United States.--
``(1) In general.--Except as provided in paragraph (2), a
requirement that the Secretary make payments under a series
construction agreement under subsection (a) shall constitute
a binding obligation of the United States.
``(2) Termination of obligation.--If the Secretary
terminates a series construction agreement pursuant to
subsection (a)(3), the obligation of the United States under
paragraph (1) to make payments under the agreement shall
terminate with respect to vessels for which no construction
contract is in effect on the date of termination of the
agreement.
``(3) Continuing availability of amounts.--Amounts to be
used to liquidate an obligation under paragraph (1) that
terminates under paragraph (2) shall remain available to the
Secretary for the payment of assistance under this title.
``SEC. 1405. APPLICATIONS FOR ASSISTANCE.
``(a) Submittal.--A person desiring assistance under this
title shall, in accordance with this section, submit an
application to the Secretary.
``(b) Contents of Application.--An application for
assistance under this title with respect to a series of
vessels shall include the following:
``(1) A detailed description of the type of vessels
included in the series, including plans and specifications
for the vessels.
``(2) Detailed estimates of the cost of completing
construction of each of the vessels in the series, including
such estimates from subcontractors for the construction as
may be required by the Secretary.
``(3) Copies of the contracts required under section
1402(b)(3)(B).
``(4) Other information required by the Secretary to
fulfill the requirements of this title.
``(c) Regulations.--The Secretary shall issue regulations
setting forth the procedures for submitting an application
for assistance under this title.
``SEC. 1406. RESTRICTION ON VESSEL OPERATIONS.
``A vessel for which assistance is paid under this title--
``(1) may be operated only in foreign trade or domestic
trade authorized under a registry endorsement for the vessel
issued under section 12105 of title 46, United States Code;
and
``(2) may not be operated in the coastwise trade of the
United States (including mixed coastwise and foreign trade),
except coastwise trade authorized under a registry
endorsement for the vessel issued under section 12105 of
title 46, United States Code.
``SEC. 1407. VESSEL DESIGN AWARDS.
``The Secretary, subject to the availability of
appropriations, may make an award to a United States shipyard
on an equal matching basis for the cost of vessel designs and
document and bid preparation for vessels described in section
403(b)(4).''.
[[Page 1425]]
SEC. 110. EFFECTIVE DATE.
The amendments made by this Act are effective on the date
which is 120 days after the date of enactment of this Act.
SEC. 111. REGULATIONS.
(a) In General.--The Secretary of Transportation shall
prescribe regulations as necessary to carry out this Act.
(b) Interim Regulations.--The Secretary of Transportation
may prescribe interim regulations necessary to carry out this
Act and for accepting eligibility decision applications under
section 403 of the Merchant Marine Act, 1936, as amended by
this Act. For this purpose, the Secretary of Transportation
is excepted from compliance with the notice and comment
requirements of section 553 of title 5, United States Code.
All regulations prescribed under the authority of this
subsection that are not earlier superseded by final rules
shall expire 270 days after the date of enactment of this
Act.
SEC. 112. EXPANSION OF STANDING FOR MARITIME UNIONS.
Section 301 of the Merchant Marine Act, 1936 (46 App.
U.S.C. 1131) is amended by adding at the end the following:
``(c) Standing for Maritime Union Representatives.--The
duly-elected representative of any organization that is
certified by the Secretary of Labor as the proper collective
bargaining agency for officers or crew employed on any type
of United States documented vessel is an interested party in,
and has standing to challenge, any proposed or final order,
action, or rule of the Secretary of Transportation under this
Act or section 9(c)(2) of the Shipping Act, 1916.''.
SEC. 113. STUDY.
(a) In General.--After providing public notice and
opportunity for comment, the Secretary of Transportation
shall conduct a study of--
(1) the impact of this Act on the international
competitiveness of United States documented vessels and
whether this Act has had a favorable or unfavorable impact on
the ability of United States documented vessels to compete
successfully with foreign-flag vessels;
(2) whether continuation of the Maritime Security Fleet
program established by this Act would assist the
international competitiveness of United States documented
vessels;
(3) whether the Maritime Security Fleet program should be
continued, modified, or discontinued;
(4) alternatives that are or should be available to
operators of United States documented vessels if the Maritime
Security Fleet program is discontinued; and
(5) any other issues related to promoting the international
competitiveness of United States documented vessels that the
Secretary considers appropriate.
(b) Report.--The Secretary of Transportation shall submit
to the Congress a report on the findings and conclusions of
the study required by subsection (a) by not later than 4
years after the date of enactment of this Act, which shall
include such recommendations as the Secretary considers
appropriate.
SEC. 114. CARGO PREFERENCE ADMINISTRATIVE REFORM.
(a) Findings.--The Congress finds and declares that--
(1) the Congress continues to support the cargo preference
program as an important element of support for the United
States-flag merchant marine because the United States
merchant marine is critical to the economic and national
security of the United States;
(2) reserving a small portion of Government cargo for
United States-flag vessels encourages competition among
United States-flag vessels; and
(3) administering the cargo preference program in a
centralized, commercially based manner reduces costs of the
program.
(b) Administrative Reform.--Section 901 of the Merchant
Marine Act, 1936 (46 App. U.S.C. 1241) is amended by adding
at the end the following new subsections:
``(d) A privately owned United States-flag commercial
vessel transporting any equipment, materials, or commodities
under this section or section 901b shall be engaged under
terms no less favorable than the most favorable terms offered
to any foreign-flag vessel transporting equipment, materials,
or commodities under this section or section 901b.
``(e) A contract for the ocean transportation of any
equipment, materials, or commodities under this section or
section 901b, to the extent the Secretary of Transportation,
in consultation with the heads of other appropriate agencies,
determines necessary to further the purposes of this section
and section 901b, shall be based on contracts used for
commercial shipments.
``(f) The Secretary of Transportation shall participate in
negotiations relating to agreements with recipient countries
for equipment, materials, or commodities subject to this
section or section 901b to the extent the Secretary, in
consultation with the heads of other appropriate agencies,
considers to be necessary to ensure agreement provisions
relating to or affecting the transportation of such
equipment, materials, or commodities permit fair and
reasonable transportation services to be provided.
``(g) No later than 180 days after the date of the
enactment of the Maritime Security and Competitiveness Act of
1993, the heads of appropriate Federal agencies, or their
representatives, shall transmit to the Secretary of
Transportation recommendations relating to the methodology
used by the Secretary of Transportation to determine whether
rates for United States-flag vessels are fair and reasonable
in compliance with section 901(b) and will achieve the policy
objectives of this Act.''.
(c) Within 90 days after the date of enactment of this Act,
the Secretary of Transportation shall take actions to ensure
and maintain a significant increase of government-impelled
cargo through Great Lakes ports, through administrative
waivers and action and through an exemption of cargo
preference requirements.
SEC. 115. WAGES FOR WHICH PREFERRED MARITIME LIEN MAY BE
ESTABLISHED.
(a) In General.--Section 31301(5)(D) of title 46, United
States Code, is amended by inserting before the semicolon the
following: ``(including any payment described in paragraph
(5), (6), (7), (8), or (9) of section 302(c) of the Labor
Management Relations Act, 1947 for any individual as a member
of the crew of the vessel, that is due from and unpaid by an
owner or managing operator of the vessel)''.
(b) Incurring Obligations Before Executing Preferred
Mortgages.--Section 31323(b)(2) of title 46, United States
Code, is amended by inserting before the semicolon the
following: ``(including any payment described in paragraph
(5), (6), (7), (8), or (9) of section 302(c) of the Labor
Management Relations Act, 1947 for any member of the crew of
the vessel)''.
(c) Master's Lien for Wages.--Section 11112 of title 46,
United States Code, is amended by inserting after ``wages''
the following: ``(including any payment described in
paragraph (5), (6), (7), (8), or (9) of section 302(c) of the
Labor Management Relations Act, 1947 for an individual as
master of the vessel, that is due from and unpaid by an owner
or managing operator of the vessel)''.
(d) Application.--The amendments made by subsections (a),
(b), and (c) shall apply with respect to payments that first
become due on or after the date of the enactment of this Act.
SEC. 116. COMPLIANCE WITH BUY AMERICAN ACT.
No funds appropriated pursuant to this Act may be expended
by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through 4
of the Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly
known as the ``Buy American Act'').
SEC. 117. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.
(a) Purchase of American-Made Equipment and Products.--In
the case of any equipment or products that may be authorized
to be purchased with financial assistance provided under this
Act, it is the sense of the Congress that entities receiving
such assistance should, in expending the assistance, purchase
only American-made equipment and products.
(b) Notice To Recipients of Assistance.--In providing
financial assistance under this Act, the head of each Federal
agency shall provide to each recipient of the assistance a
notice describing the statement made in subsection (a) by the
Congress.
TITLE II--MARITIME ADMINISTRATION
SEC. 201. SHORT TITLE.
This title may be cited as the ``Maritime Administration
Authorization Act for Fiscal Year 1995''.
SEC. 202. AUTHORIZATIONS FOR THE MARITIME ADMINISTRATION.
(a) Authorizations.--For fiscal year 1995, there are
authorized to be appropriated to the Secretary of
Transportation for use for the Maritime Administration the
following amounts:
(1) Any amounts necessary to liquidate obligations under
operating-differential subsidy contracts for the fiscal year
1995 portion of the total contract authority.
(2) $43,076,000 for expenses related to manpower,
education, and training, including--
(A) $30,701,000 for maritime training at the United States
Merchant Marine Academy at Kings Point, New York;
(B) $10,525,000 for assistance to the State maritime
academies (including reimbursement of fuel costs associated
with the operation of training vessels), of which $1,200,000
may be used for training simulators for the State maritime
academies; and
(C) $1,850,000 for manpower and additional training.
(3) $35,124,000 for operating programs, including--
(A) $20,866,000 for general administration;
(B) $9,216,000 for development and use of water
transportation systems;
(C) $3,627,000 for research, technology, and analysis; and
(D) $1,415,000 for national security support capabilities.
(4)(A) $248,800,000 for the National Defense Reserve Fleet
(including the Ready Reserve Force component of that fleet),
including--
(i) $228,448,000 for maintenance and operations in support
of the Ready Reserve Force;
(ii) $6,352,000 for maintenance and operations in support
of the National Defense Reserve Fleet;
(iii) $4,000,000 for facilities; and
(iv) $10,000,000 to repair and convert the vessel T-AGS 39
MAURY for use as a training vessel at the California Maritime
Academy.
(B) As a condition of making any payment from amounts
appropriated under subparagraph (A)(iv), the Secretary shall
require that the California Maritime Academy agree to make
the T-AGS 39 MAURY available to the Ready Reserve Force of
the National Defense Reserve Fleet upon request by the
Secretary and the Secretary of Defense.
[[Page 1426]]
(5) $4,000,000 to pay administrative costs related to new
loan guarantee commitments under title XI of the Merchant
Marine Act, 1936 (46 App. U.S.C. 1271 et seq.), relating to
Federal ship mortgage insurance.
(6) $200,000,000 for costs (as that term is defined in
section 502 of the Federal Credit Reform Act of 1990 (2
U.S.C. 661a)) of new loan guarantee commitments under title
XI of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et
seq.).
(b) Use of Proceeds of Sales.--Notwithstanding any other
provision of law and subject to the availability of
appropriations, the Secretary of Transportation may use
proceeds derived from the sale or disposal of National
Defense Reserve Fleet vessels, that are currently collected
and retained by the Maritime Administration, as follows:
(1) For facility and ship maintenance, modernization and
repair, acquisition of equipment, training simulators, and
fuel costs necessary to maintain training at the United
States Merchant Marine Academy and the State maritime
academies.
(2) The Secretary shall pay from those proceeds $4,000,000
to the California Maritime Academy to repair and convert the
vessel T-AGS 39 MAURY for use as a training vessel at the
Academy.
(3) The Secretary shall pay from those proceeds up to
$50,000 to the Great Lakes Maritime Academy for operation of
the training vessel of the Academy.
SEC. 203. REIMBURSEMENT OF CERTAIN FEES BY STATE MARITIME
ACADEMIES.
(a) Condition of Assistance.--Section 1304(d) of the
Merchant Marine Act, 1936 (46 App. U.S.C. 1295(d)) is amended
by adding at the end the following:
``(3)(A) Subject to subparagraph (B), an agreement under
this subsection shall require a State maritime academy to
reimburse each qualified individual for any fee or charge for
which the individual is liable to the United States for--
``(i) the issuance of an entry level license under chapter
71 of title 46, United States Code;
``(ii) the first issuance of a merchant mariner's document
under chapter 73 of that title;
``(iii) an evaluation or examination for such a license or
merchant mariner's document conducted before the end of the
period described in subparagraph (D)(ii); or
``(iv) an application for such a license, merchant
mariner's document, evaluation, or examination.
``(B) A State maritime academy shall reimburse qualified
individuals under subparagraph (A) to the extent amounts are
available under subparagraph (C).
``(C) In addition to annual payments under paragraph (1)(A)
and subject to the availability of appropriations, the
Secretary shall pay annually to each State maritime academy
that enters into an agreement under paragraph (1) amounts to
reimburse qualified individuals under subparagraph (A).
``(D) In this paragraph, the term `qualified individual'
means an individual who--
``(i) is attending or is a graduate of a State maritime
academy;
``(ii) fulfills the requirements for a license or merchant
mariner's document described in subparagraph (A) not later
than 3 months after the date the individual graduates from a
State maritime academy; and
``(iii) is liable for a fee or charge described in
subparagraph (A).''.
(b) Effective Date.--The amendment made by subsection (a)
is effective October 1, 1994.
(c) Amendment of Existing Agreements.--As soon as
practicable after the date of the enactment of this Act, the
Secretary of Transportation shall amend agreements under
section 1304(d) of the Merchant Marine Act, 1936 (46 App.
U.S.C. 1295c(d)) pursuant to the amendment made by subsection
(a).
(d) Additional Appropriations Authorized.--In addition to
amounts authorized to be appropriated in section 102 for
assistance to State maritime academies, there is authorized
to be appropriated $300,000 for fiscal year 1995 to reimburse
qualified individuals pursuant to the amendment made by
subsection (a).
SEC. 204. TERMINATION OF CONDITION FOR STATE MARITIME ACADEMY
ASSISTANCE.
(a) In General.--Section 1304(f)(1) of the Merchant Marine
Act, 1936 (46 App. U.S.C. 1295c(f)(1)) is amended to read as
if section 3 of the Act of October 13, 1989 (Public Law 101-
115; 103 Stat. 692), had not been enacted.
(b) Effective Date.--The amendment made by subsection (a)
shall be effective October 13, 1989.
(c) Clerical Amendments.--
(1) Section 3 of the Act of October 13, 1989 (Public Law
101-115; 103 Stat. 692), is repealed.
(2) Section 706 of the Federal Maritime Commission
Authorization Act of 1990 (46 App. U.S.C. 1295c note) is
repealed.
SEC. 205. MAINTENANCE CONTRACTS FOR NATIONAL DEFENSE RESERVE
FLEET VESSELS.
The Secretary of Transportation may enter into a contract
for the maintenance of the National Defense Reserve Fleet,
including the Ready Reserve Force, only for--
(1) the repair, activation, operation, berthing, towing, or
lay-up of a vessel;
(2) a vessel used by a State maritime academy; or
(3) obtaining maintenance technical services when--
(A) the technical expertise required for that service is
beyond the capabilities of the Fleet staff or when the Fleet
has insufficient personnel resources to adequately maintain
the Fleet; and
(B) the contract does not result in reducing employment at
the Fleet site.
SEC. 206. MAINTENANCE OF READY RESERVE FORCE VESSELS IN
REDUCED OPERATING STATUS.
The Secretary shall, during fiscal year 1995, maintain in a
reduced operating status--
(1) at least 29 vessels in the Ready Reserve Force
component of the National Defense Reserve Fleet, or
(2) a lesser number of those vessels that the Secretary
determines to be practicable based on the appropriations
available for that fiscal year for maintenance of vessels in
that force.
SEC. 207. VESSEL REPAIR AND MAINTENANCE PILOT PROGRAM.
(a) In General.--The Secretary of Transportation shall
conduct a pilot program to evaluate the feasibility of using
long-term contracts for the maintenance and repair of
outported vessels in the Ready Reserve Force to enhance the
readiness of those vessels. Under the pilot program, the
Secretary, subject to the availability of appropriations and
within 6 months after the date of the enactment of this Act,
shall award 9 contracts for this purpose.
(b) Use of Various Contracting Arrangements.--In conducting
a pilot program under this section, the Secretary of
Transportation shall use contracting arrangements similar to
those used by the Department of Defense for procuring
maintenance and repair of its vessels.
(c) Contract Requirements.--Each contract with a shipyard
under this section shall--
(1) subject to subsection (d), provide for the procurement
from the shipyard of all repair and maintenance (including
activation, deactivation, and drydocking) for 1 vessel in the
Ready Reserve Force that is outported in the geographical
vicinity of the shipyard; and
(2) be effective for 3 years.
(d) Limitation of Work Under Contracts.--A contract under
this section may not provide for the procurement of operation
or manning for a vessel that may be procured under another
contract for the vessel to which section 11(d)(2) of the
Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1774(d)(2))
applies.
(e) Geographic Distribution.--The Secretary shall seek to
distribute contract awards under this section to shipyards
located throughout the United States.
(f) Reports.--The Secretary shall submit to the Congress--
(1) an interim report on the effectiveness of each contract
under this section in providing for economic and efficient
repair and maintenance of the vessel covered by the contract,
no later than 20 months after the date of the enactment of
this Act; and
(2) a final report on that effectiveness no later than 6
months after the termination of all contracts awarded
pursuant to this section.
SEC. 208. AMENDMENTS RELATING TO COAST GUARD MARITIME ACADEMY
RESERVE TRAINING PROGRAM.
(a) Naval Reserve Status.--Section 1304(g)(2) of the
Merchant Marine Act, 1936 (46 App. U.S.C. 1295c(g)(2)) is
amended by inserting before the period the following: ``,
unless the individual participates in the Coast Guard
Maritime Academy Reserve Training Program''.
(b) Reserve Service Obligation.--Section 1304(g)(3)(D) of
the Merchant Marine Act, 1936 (46 App. U.S.C. 1295c(g)(3)(D))
is amended by--
(1) inserting ``(i)'' after ``commissioned officer'';
(2) inserting ``(except as provided in clause (ii))'' after
``the United States Coast Guard Reserve''; and
(3) inserting before the semicolon at the end the
following: ``; or (ii) in the United States Coast Guard
Reserve for such period following that date of graduation as
may be established by the Secretary of the department in
which the Coast Guard is operating, in the case of an
individual that participates in the Coast Guard Maritime
Academy Reserve Training Program''.
(c) Penalties for Failure To Fulfill Incentive Payment
Agreement.--Section 1304(g) of the Merchant Marine Act, 1936
(46 App. U.S.C. 1295c(g)) is amended--
(1) in paragraph (4) by inserting ``, except as provided in
paragraph (8),'' after ``such individual may'';
(2) in paragraph (5) by inserting ``, except as provided in
paragraph (8),'' after ``such individual may''; and
(3) by adding at the end the following:
``(8)(A) Paragraphs (4) and (5) shall not apply to a
failure to fulfill a part of an agreement, by an individual
who--
``(i) is enlisted in the United States Coast Guard Reserve;
and
``(ii) participates in the Coast Guard Maritime Academy
Reserve Training Program.
``(B) If the Secretary determines that an individual
described in subparagraph (A) has failed to fulfill any part
of the agreement (required by paragraph (1)) described in
paragraph (3), the individual may be ordered to active duty
in the Coast Guard to serve for a period of time determined
by the Commandant of the Coast Guard, not to exceed 2 years.
In cases of hardship as determined by the Secretary, the
Secretary may waive this subparagraph.''.
(d) Coast Guard Maritime Academy Reserve Training Program
Defined.--Section 1304(g) of the Merchant Marine Act, 1936
(46
[[Page 1427]]
App. U.S.C. 1295c(g)), as amended by this section, is further
amended by adding at the end the following:
``(9) In this subsection, the term `Coast Guard Maritime
Academy Reserve Training Program' means that program
established by the Commandant of the Coast Guard, as in
effect on the date of the enactment of the Maritime
Administration Authorization Act for Fiscal Year 1995.''.
SEC. 209. MERCHANT SHIP SALES ACT OF 1946 AMENDMENT.
Section 11 of the Merchant Ship Sales Act of 1946 (50 App.
U.S.C. 1744) is amended as follows:
(1) In subsection (b)(2) by striking ``Secretary of the
Navy,'' and inserting ``Secretary of Defense,''.
(2) By striking subsection (c) and redesignating subsection
(d) as subsection (c).
SEC. 210. REEMPLOYMENT RIGHTS FOR CERTAIN MERCHANT SEAMEN.
(a) In General.--Title III of the Merchant Marine Act, 1936
(46 App. U.S.C. 1131) is amended by inserting after section
301 the following new section:
``Sec. 302. (a) An individual who is certified by the
Secretary of Transportation under subsection (c) shall be
entitled to reemployment rights and other benefits
substantially equivalent to the rights and benefits provided
for by chapter 43 of title 38, United States Code, for any
member of a Reserve component of the Armed Forces of the
United States who is ordered to active duty.
``(b) An individual may submit an application for
certification under subsection (c) to the Secretary of
Transportation not later than 45 days after the date the
individual completes a period of employment described in
subsection (c)(1)(A) with respect to which the application is
submitted.
``(c) Not later than 20 days after the date the Secretary
of Transportation receives from an individual an application
for certification under this subsection, the Secretary
shall--
``(1) determine whether or not the individual--
``(A) was employed in the activation or operation of a
vessel--
``(i) in the National Defense Reserve Fleet maintained
under section 11 of the Merchant Ship Sales Act of 1946, in a
period in which that vessel was in use or being activated for
use under subsection (b) of that section;
``(ii) that is requisitioned or purchased under section 902
of this Act; or
``(iii) that is owned, chartered, or controlled by the
United States and used by the United States for a war, armed
conflict, national emergency, or maritime mobilization need
(including for training purposes or testing for readiness and
suitability for mission performance); and
``(B) during the period of that employment, possessed a
valid license, certificate of registry, or merchant mariner's
document issued under chapter 71 or chapter 73 (as
applicable) of title 46, United States Code; and
``(2) if the Secretary makes affirmative determinations
under paragraph (1) (A) and (B), certify that individual
under this subsection.
``(d) For purposes of reemployment rights and benefits
provided by this section, a certification under subsection
(c) shall be considered to be the equivalent of a certificate
referred to in paragraph (1) of section 4301(a) of title 38,
United States Code.''.
(b) Application.--The amendment made by subsection (a)
shall apply to employment described in section 302(c)(1)(A)
of the Merchant Marine Act, 1936, as amended by subsection
(a), occurring after August 2, 1990.
(c) Employment Ending Before Enactment.--Notwithstanding
subsection (b) of section 302 of the Merchant Marine Act,
1936, as amended by this Act, an individual who, in the
period beginning August 2, 1990, and ending on the date of
the enactment of this Act, completed a period of employment
described in subsection (c)(1)(A) of that section may submit
an application for certification under subsection (c) of that
section with respect to that employment not later than 45
days after the date of the enactment of this Act.
(d) Regulation.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Transportation
shall issue regulations implementing this section.
SEC. 211. PILOT PROGRAM ON SEALIFT TRAINING.
The Secretary of Transportation shall establish, subject to
the availability of appropriations in addition to the amount
authorized to be appropriated under section 102(a)(2), a 3-
year period pilot program for Sealift Training at the
Massachusetts Maritime Academy.
SEC. 212. MASSACHUSETTS CENTER FOR MARINE ENVIRONMENTAL
PROTECTION.
The Secretary of Transportation shall pay, subject to the
availability of appropriations in addition to the amount
authorized to be appropriated under section 102, $242,000 to
the Massachusetts Maritime Academy for assistance to the
Massachusetts Center for Marine Environmental Protection.
SEC. 213. REPORT ON SEALIFT MANPOWER MOBILIZATION PROGRAM.
Not later than 6 months after the date of the enactment of
this Act, the Secretary of Transportation shall submit a
report to the Congress on--
(1) the feasibility of conducting on Ready Reserve Force
vessels a program to familiarize civilian merchant mariners
with the operation of those vessels, for the purpose of
facilitating national defense mobilizations involving those
vessels; and
(2) the ability of the Coast Guard to track the
availability of qualified civilian merchant mariners for
service on those vessels during those mobilizations.
SEC. 214. VESSEL DOCUMENTATION.
Notwithstanding section 12108 of title 46, United States
Code, the Secretary of Transportation may issue a certificate
of documentation with appropriate endorsement for employment
in the fisheries for the vessel ABORIGINAL (United States
official number 942118).
SEC. 215. MARITIME POLICY REPORT.
(a) Report.--The Secretary of Transportation shall transmit
to the Congress a report setting forth the Department of
Transportation's policies for the 5-year period beginning
October 1, 1994, with respect to--
(1) fostering and maintaining a United States merchant
marine capable of meeting economic and national security
requirements;
(2) improving the vitality and competitiveness of the
United States merchant marine and the maritime industrial
base, including ship repairers, shipbuilders, ship manning,
ship operators, and ship suppliers;
(3) reversing the precipitous decrease in the number of
ships in the United States-flag fleet and the Nation's
shipyard and repair capability;
(4) stabilizing and eventually increasing the number of
mariners available to crew United States merchant vessels;
(5) achieving adequate manning of merchant vessels for
national security needs during a mobilization;
(6) ensuring that sufficient civil maritime resources will
be available to meet defense deployment and essential
economic requirements in support of our national security
strategy;
(7) ensuring that the United States maintains the
capability to respond unilaterally to security threats in
geographic areas not covered by alliance commitments and
otherwise meets sealift requirements in the event of crisis
or war;
(8) ensuring that international agreements and practices do
not place United States maritime industries at an unfair
competitive disadvantage in world markets;
(9) ensuring that Federal agencies promote, through
efficient application of laws and regulations, the readiness
of the United States merchant marine and supporting
industries; and
(10) any other relevant maritime policies.
(b) Date of Transmittal.--The report required under
subsection (a) shall be transmitted along with the
President's budget submission, pursuant to section 1105 of
title 31, United States Code, for fiscal year 1996.
SEC. 216. TITLE XI LOAN GUARANTEES.
Title XI of the Merchant Marine Act, 1936 (46 App. U.S.C.
1271 et seq.) is amended--
(1) in section 1101(b), by striking ``owned by citizens of
the United States'';
(2) in section 1104B(a), in the material preceding
paragraph (1), by striking ``owned by citizens of the United
States''; and
(3) in section 1110(a), by striking ``owned by citizens of
the United States''.
SEC. 217. STUDY OF FEASIBILITY OF SHIP REPAIR DIFFERENTIAL
ASSISTANCE PROGRAM.
(a) Study.--The Secretary of Transportation shall conduct a
study of the feasibility of establishing a program of
financial assistance to qualified ship repair yards, to make
those yards more competitive in international ship repair
markets by paying to those yards the difference between the
cost of repairing vessels in those yards and the cost of
repairing vessels in foreign ship repair yards.
(b) Report.--The Secretary of Transportation shall submit
to the Congress by not later than 1 year after the date of
the enactment of this Act a report on the findings and
recommendations of the study required by subsection (a).
(c) Qualified Ship Repair Yard Defined.--For purposes of
this section, the term ``qualified ship repair yard'' has the
meaning given that term in section 118(d).
SEC. 218. QUALIFIED SHIP REPAIR YARD MODERNIZATION
ASSISTANCE.
(a) Grant Authority.--The Secretary of Transportation may
use available amounts to make grants to qualified ship repair
yards to pay 75 percent of the cost of acquiring advanced
ship repair technology and modern ship repair technology.
(b) Condition of Assistance.--As a condition of receiving a
grant under this section, the Secretary shall require that a
qualified ship repair yard provide, in cash contributions, 25
percent of the costs incurred in acquiring advanced ship
repair technology and modern ship repair technology with the
grant.
(c) Priority.--In making grants under this section, the
Secretary shall give priority to qualified ship repair yards
for which assistance under this section will permit the
performance of ship repairs more efficiently and in a manner
that is more competitive with foreign ship repair yards.
(d) Definitions.--For purposes of this section:
(1) Advanced ship repair technology.--The term ``advanced
ship repair technology'' includes--
(A) numerically controlled machine tools, robots, automated
process control equipment, computerized flexible
manufacturing systems, associated computer software, and
other technology for improving ship repair and related
industrial production which advance the state-of-the-art; and
(B) novel techniques and processes designed to improve ship
repair quality, pro-
[[Page 1428]]
ductivity, and practice, and to promote sustainable
development, including engineering design, quality assurance,
concurrent engineering, continuous process production
technology, energy efficiency, waste minimization, design for
recyclability or parts reuse, inventory management, upgraded
worker skills, and communications with customers and
suppliers.
(2) Modern ship repair technology.--The term ``modern ship
repair technology'' means the best available proven
technology, techniques, and processes appropriate to
enhancing the productivity of ship repair yards.
(3) Qualified ship repair yard defined.--The term
``qualified ship repair yard'' means a shipyard located in
the United States that meets the eligibility qualification
requirements for obtaining and retaining a Master Ship Repair
Agreement with the United States Navy.
(e) Authorization of Appropriations.--For grants under this
section there are authorized to be appropriated to the
Secretary of Transportation $17,500,000 for fiscal year 1995,
to remain available until expended.
SEC. 219. GREAT LAKES ENDORSEMENTS.
(a) Repeal of Great Lakes Endorsement.--
(1) Section 12107 of title 46, United States Code, is
repealed.
(2) The analysis at the beginning of chapter 121 of title
46, United States Code, is amended by striking the item
relating to section 12107.
(3) Section 12101(b)(3) of title 46, United States Code, is
repealed.
(b) Conforming Amendment.--Section 4370(a) of the Revised
Statutes of the United States (46 App. U.S.C. 316(a)) is
amended by striking ``or 12107''.
(c) Additional Conforming Amendments.--
(1) Section 2793 of the Revised Statutes of the United
States (46 App. U.S.C. 111, 123) is amended--
(A) by striking ``coastwise, Great Lakes endorsement'' and
all that follows through ``foreign ports,'' and inserting
``registry endorsement, engaged in foreign trade on the Great
Lakes or their tributary or connecting waters in trade with
Canada,''; and
(B) by striking ``, as if from or to foreign ports''.
(2) The Act of March 8, 1910 (46 App. U.S.C. 132; 32 Stat.
234, chapter 86), is amended by striking ``shall be exempt''
and all that follows through the end of the section and
inserting ``shall be exempt from section 36(a) of the Act of
August 5, 1909 (36 Stat. 111).''.
(d) Effective Date.--The amendments made by this section
shall take effect October 1, 1994.
TITLE III--TONNAGE DUTIES
SEC. 301. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) The Coast Guard--
(A) will spend over $400,000,000 in fiscal year 1995
conducting search and rescue operations far into the Atlantic
and Pacific Oceans and the Gulf of Mexico to protect life and
property on United States and foreign-flag vessels;
(B) inspects vessels of all nations to ensure their
compliance with international treaties and conventions;
(C) will spend over $470,000,000 in fiscal year 1995
providing navigational aids to vessels from around the world
through the operation of--
(i) LORAN, OMEGA, and the Differential Global Positioning
System; and
(ii) over 46,000 lighthouses, buoys, daybeacons, fog
signals, radar reflectors and Vessel Traffic Service systems;
and
(D) will spend over $86,000,0000 in fiscal year 1995
providing icebreaking services for vessels from all nations.
(2) It is reasonable for vessel owners of all nations that
benefit from these services, including owners of United
States-flag vessels, to pay tonnage duties to help offset the
cost of providing these services.
(b) Purpose.--The purpose of this title is to increase the
tonnage duties imposed on vessels entering the United States
to help offset the cost of providing Coast Guard services to
those vessels.
SEC. 302. INCREASE IN TONNAGE DUTIES.
(a) Increased Duties.--Section 36 of the Act of August 5,
1909 (46 App. U.S.C. 121, 36 Stat. 111), is amended--
(1) by designating the first paragraph as subsection (a)
and amending it to read as follows:
``(a) Tonnage Duty Imposed on Certain Entries.--
``(1) Duty imposed.--There is imposed on a vessel making an
entry described in paragraph (2) before fiscal year 2005 a
duty of 38 cents per ton, except that for any vessel the duty
under this paragraph shall not apply with respect to more
than 25 entries by the vessel in any 12-month period.
``(2) Entry described.--An entry referred to in
subparagraph (A) is any of the following:
``(A) Formal entry from foreign port or place.--A formal
entry in any port of the United States from any foreign port
or place, other than an entry by a vessel that is in distress
or is not engaged in trade.
``(B) Other entry.--An entry by a vessel that departs a
United States port or place and returns to the same port or
place without being entered in the United States from another
port or place, other than--
``(i) an entry by a vessel of the United States, a
recreational vessel, or a barge (as those terms are defined
in section 2101 of title 46, United States Code); and
``(ii) an entry by a vessel that is in distress or is not
engaged in trade.
``(3) Offsetting receipts of coast guard.--Amounts received
by the United States as duty imposed under this subsection
shall be deposited in the general fund of the Treasury as
offsetting receipts of the department in which the Coast
Guard is operating and ascribed to Coast Guard activities.'';
and
(2) by designating the remainder of the section as
subsection (b).
(b) Effective Date.--The amendments made by subsection (a)
shall take effect October 1, 1994.
SEC. 303. CONTRACT AUTHORITY.
(a) Requirement To Enter Agreements.--The Secretary of
Transportation shall expeditiously enter into agreements
under the Maritime Security and Competitiveness Act of 1993.
However, the Secretary of Transportation may not obligate
more than $1,350,000,000 in total contracts under the
Maritime Security and Competitiveness Act of 1993 or this Act
between October 1, 1994, and September 30, 2004.
(b) Limitation on Outlays.--The Secretary of Transportation
shall not enter into any agreements under the Maritime
Security and Competitiveness Act of 1993 or this Act that
would result in total payments under such agreements for any
fiscal year in excess of the limitations in the following
table.
The limitation
(in millions) is:
1995........................................................$105
1996........................................................$105
1997........................................................$105
1998........................................................$105
1999........................................................$155
2000........................................................$155
2001........................................................$155
2002........................................................$155
2003........................................................$155
2004........................................................$155.
(c) Limitation on Application.--Subsections (a) and (b) do
not apply to the extent additional amounts are provided by
appropriation laws.
SEC. 304. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS.
In addition to amounts otherwise available, there are
authorized to be appropriated to the Secretary of
Transportation such amounts as may be necessary for entering
into and making payments under agreements under the Maritime
Security and Competitiveness Act of 1993.
SEC. 305. CONTINUING AVAILABILITY.
Amounts available or authorized to be appropriated under
this title shall remain available until expended.
SEC. 306. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.
(a) Sense of Congress.--It is the sense of the Congress
that, to the greatest extent practicable, all equipment and
products purchased with funds made available in this Act
should be American-made.
(b) Notice Requirement.--In providing financial assistance
to, or entering into any contract with, any entity using
funds made available in this Act, the head of each Federal
agency, to the greatest extent practicable, shall provide to
such entity a notice describing the statement made in
subsection (a) by the Congress.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that the
yeas had it.
Mr. BURTON demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
294
<3-line {>
affirmative
Nays
122
Para. 88.16 [Roll No. 371]
AYES--294
Abercrombie
Andrews (ME)
Andrews (NJ)
Applegate
Bacchus (FL)
Bachus (AL)
Baker (LA)
Barcia
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Bentley
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Buyer
Byrne
Callahan
Calvert
Cantwell
Cardin
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (IL)
Coppersmith
Coyne
Cramer
Cunningham
Danner
Darden
de la Garza
Deal
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dixon
Duncan
Dunn
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Fowler
Frank (MA)
Franks (CT)
Frost
Furse
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodling
Gordon
Goss
Green
Gutierrez
Hall (OH)
[[Page 1429]]
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefley
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Hoke
Holden
Horn
Hoyer
Huffington
Hughes
Hunter
Hutto
Inslee
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
King
Kleczka
Klein
Klink
Kreidler
LaFalce
Lambert
Lancaster
Lantos
Lazio
Lehman
Levin
Levy
Lewis (CA)
Lewis (GA)
Linder
Lipinski
Livingston
Lloyd
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Mazzoli
McCloskey
McCollum
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Michel
Miller (CA)
Mineta
Mink
Moakley
Molinari
Mollohan
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Price (NC)
Quillen
Quinn
Rahall
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roemer
Ros-Lehtinen
Rose
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Shaw
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (NJ)
Snowe
Solomon
Spence
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Weldon
Whitten
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
NOES--122
Allard
Andrews (TX)
Archer
Armey
Baesler
Baker (CA)
Ballenger
Barca
Barrett (NE)
Bartlett
Barton
Bereuter
Boehner
Bonilla
Bunning
Burton
Camp
Canady
Collins (GA)
Combest
Condit
Cooper
Costello
Cox
Crane
Crapo
DeLay
Dickey
Dooley
Doolittle
Dornan
Dreier
Durbin
Ehlers
Emerson
Ewing
Fawell
Franks (NJ)
Gallegly
Gibbons
Gingrich
Glickman
Goodlatte
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Herger
Hobson
Hoekstra
Houghton
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson, Sam
Kasich
Kim
Kingston
Klug
Knollenberg
Kolbe
Kopetski
Kyl
LaRocco
Leach
Lewis (FL)
Lewis (KY)
Lightfoot
Long
Lucas
Manzullo
Matsui
McCandless
McKeon
McMillan
Meyers
Mica
Miller (FL)
Minge
Moorhead
Nussle
Oxley
Packard
Paxon
Penny
Petri
Pickle
Pombo
Porter
Portman
Poshard
Pryce (OH)
Ramstad
Roberts
Rogers
Rohrabacher
Rostenkowski
Roth
Royce
Sensenbrenner
Shays
Smith (IA)
Smith (OR)
Smith (TX)
Stearns
Stenholm
Stump
Talent
Thomas (CA)
Thomas (WY)
Upton
Walker
Williams
Young (FL)
Zeliff
Zimmer
NOT VOTING--18
Ackerman
Carr
Clay
Collins (MI)
Conyers
DeFazio
Dingell
Ford (TN)
Inhofe
Laughlin
McCrery
Montgomery
Santorum
Sharp
Slattery
Smith (MI)
Washington
Wheat
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Pursuant to House Resolution 500, the text of H. R. 2151, as passed by
the House on November 4, 1993, was engrossed as title I of H.R. 4003.
Para. 88.17 clerk to correct engrossment
On motion of Mr. STUDDS, by unanimous consent,
Ordered, That in the engrossment of the foregoing bill, the Clerk be
authorized to correct section numbers, punctuation, cross references,
and to make other technical corrections.
Para. 88.18 hour of meeting
On motion of Mr. STUDDS, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 12
o'clock noon on Wednesday, August 3, 1994.
Para. 88.19 message from the president--national emergency with respect
to iraq
The SPEAKER pro tempore, Mr. MANN, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
I hereby report to the Congress on the developments since my last
report of March 3, 1994, concerning the national emergency with respect
to Iraq that was declared in Executive Order No. 12722 of August 2,
1990. This report is submitted pursuant to section 401(c) of the
National Emergencies Act, 50 U.S.C. 1641(c), and section 204(c) of the
International Emergency Economic Powers Act, 50 U.S.C. 1703(c).
Executive Order No. 12722 ordered the immediate blocking of all
property and interests in property of the Government of Iraq (including
the Central Bank of Iraq), then or thereafter located in the United
States or within the possession or control of a United States person.
That order also prohibited the importation into the United States of
goods and services of Iraqi origin, as well as the exportation of goods,
services, and technology from the United States to Iraq. The order
prohibited travel-related transactions to or from Iraq and the
performance of any contract in support of any industrial, commercial, or
governmental project in Iraq. United States persons were also prohibited
from granting or extending credit or loans to the Government of Iraq.
The foregoing prohibitions (as well as the blocking of Government of
Iraq property) were continued and augmented on August 9, 1990, by
Executive Order No. 12724, which was issued in order to align the
sanctions imposed by the United States with United Nations Security
Council Resolution 661 of August 6, 1990.
Executive Order No. 12817 was issued on October 21, 1992, to implement
in the United States measures adopted in United Nations Security Council
Resolution 778 of October 2, 1992. Resolution 778 requires U.N. Member
States temporarily to transfer to a U.N. escrow account up to $200
million apiece in Iraqi oil sale proceeds paid by purchasers after the
imposition of U.N. sanctions on Iraq, to finance Iraq's obligations for
U.N. activities with respect to Iraq, such as expenses to verify Iraqi
weapons destruction, and to provide humanitarian assistance in Iraq on a
nonpartisan basis. A portion of the escrowed funds will also fund the
activities of the U.N. Compensation Commission in Geneva, which will
handle claims from victims of the Iraqi invasion of Kuwait. Member
States also may make voluntary contributions to the account. The funds
placed in the escrow account are to be returned, with interest, to the
Member States that transferred them to the United Nations, as funds are
received from future sales of Iraqi oil authorized by the U.N. Security
Council. No Member State is required to fund more than half of the total
transfers or contributions to the escrow account.
This report discusses only matters concerning the national emergency
with respect to Iraq that was declared in Executive Order No. 12722 and
matters relating to Executive Orders Nos. 12724 and 12817 (the
``Executive orders''). The report covers events from February 2, 1994,
through August 1, 1994.
1. During the reporting period, there were no amendments to the Iraqi
Sanctions Regulations.
2. Investigations of possible violations of the Iraqi sanctions
continue to be pursued and appropriate enforcement actions taken. There
are currently 30 enforcement actions pending. These are intended to
deter future activities in violation of the sanctions. Additional civil
penalty notices were prepared during the reporting period for violations
of the International Emergency Economic Powers Act and Iraqi Sanctions
Regulations with respect to transactions involving Iraq. Three penalties
totaling $38,450 were collected from three banks for violation of the
prohibitions against Iraq, and noncompliance with reporting requirements
and an Office of Foreign Assets Control directive license.
3. Investigation also continues into the roles played by various
individuals and firms outside Iraq in the Iraqi government procurement
network. These investigations may lead to additions to
[[Page 1430]]
the Office of Foreign Assets Control's listing of individuals and
organizations determined to be Specially Designated Nationals
(``SDNs'') of the Government of Iraq. One Jordanian-Iraqi joint venture
company prominently involved in shipments to Iraq was identified as an
SDN of Iraq on May 4, 1994. A copy of the notice is attached.
4. Pursuant to Executive Order No. 12817 implementing United Nations
Security Council Resolution 778, on October 26, 1992, the Office of
Foreign Assets Control directed the Federal Reserve Bank of New York to
establish a blocked account for receipt of certain post-August 6, 1990,
Iraqi oil sales proceeds, and to hold, invest, and transfer these funds
as required by the order. On March 1, 1994, following payments by the
Governments of the United Kingdom ($447,761.19), the Netherlands
($1,566,994.55), Australia ($476,110.00), and the European Community
($3,758,310,31), respectively, to the special United Nations-controlled
account, entitled United Nations Security Council Resolution 778 Escrow
Account, the Federal Reserve Bank of New York was directed to transfer
a corresponding amount of $6,240,176.05 from the blocked account it
holds to the United Nations-controlled account. Similarly, on March 22,
1994, following the payment of $525,182.50 by the Government of the
Netherlands, $2,478,089.89 by the European Community, $2,352,800.00 by
the Government of the United Kingdom, $444,444.44 by the Government of
Denmark, $1,204,899.30 by the Government of Sweden, and $3,100,000.00
by the Government of Japan, the Federal Reserve Bank of New York was
directed to transfer a corresponding amount of $10,105,416.13 to the
United Nations-controlled account. Again on June 30, 1994, the Federal
Reserve Bank of New York was directed to transfer $6,969,862.89 to the
United Nations-controlled account, an amount corresponding to the
aggregate total of recent payments by the governments of other Member
States: European Community ($1,042,774.31), United Kingdom
($1,570,804.48), the Netherlands ($1,062,219.51), Kuwait
($2,000,000.00), and Sweden ($1,294,064.59). Cumulative transfers from
the blocked Federal Reserve Bank of New York account since issuance of
Executive Order No. 12817 have amounted to $130,928,726.04 of the up to
$200 million that the United States is obligated to match from blocked
Iraqi oil payments, pursuant to United Nations Security Council
Resolution 778.
5. The Office of Foreign Assets Control has issued a total of 496
specific licenses regarding transactions pertaining to Iraq or Iraqi
assets since August 1990. Since my last report, 52 specific licenses
have been issued. Licenses were issued for transactions such as the
filing of legal actions against Iraqi governmental entities, legal
representation of Iraq, and the exportation to Iraq of donated
medicine, medical supplies, food intended for humanitarian relief
purposes, the execution of powers of attorney relating to the
administration of personal assets and decedents' estates in Iraq, and
the protection of preexistent intellectual property rights in Iraq.
6. The expenses incurred by the Federal Government in the 6-month
period from February 2, 1994, through August 1, 1994, that are directly
attributable to the exercise of powers and authorities conferred by the
declaration of a national emergency with respect to Iraq are reported
to be about $2.3 million, most of which represents wage and salary
costs for Federal personnel. Personnel costs were largely centered in
the Department of the Treasury (particularly in the Office of Foreign
Assets Control, the U.S. Customs Service, the Office of the Assistant
Secretary for Enforcement, and the Office of the General Counsel),
the Department of State (particularly the Bureau of Economic and
Business Affairs, the Bureau of Near East and South Asian Affairs, the
Bureau of International Organizations, and the Office of the Legal
Adviser), and the Department of Transportation (particularly the U.S.
Coast Guard).
7. The United States imposed economic sanctions on Iraq in response
to Iraq's illegal invasion and occupation of Kuwait, a clear act of
brutal aggression. The United States, together with the international
community, is maintaining economic sanctions against Iraq because the
Iraqi regime has failed to comply fully with United Nations Security
Council resolutions. Security Council resolutions on Iraq call for the
elimination of Iraqi weapons of mass destruction, the inviolability of
the Iraq-Kuwait boundary, the release of Kuwaiti and other third-
country nationals, compensation for victims of Iraqi aggression, long-
term monitoring of weapons of mass destruction capabilities, the return
of Kuwaiti assets stolen during Iraqi's illegal occupation of Kuwait,
renunciation of terrorism, an end to internal Iraqi repression of its
own civilian population, and the facilitation of access of
international relief organizations to all those in need in all parts of
Iraq. Four years after the invasion, a pattern of defiance persists: a
refusal to recognize the international boundary with Kuwait or to
account for missing Kuwaiti detainees, sponsorship of assassinations in
Lebanon and in northern Iraq; incomplete declarations to weapons
inspectors, and ongoing widespread human rights violations, among other
things. As a result, the U.N. sanctions remain in place; the United
States will continue to enforce those sanctions under domestic
authority.
The Baghdad government continued to violate basic human rights of its
own citizens through systematic repression of minorities and denial of
humanitarian assistance. The Government of Iraq has repeatedly said it
will not be bound by United Nations Security Council Resolution 688.
For more than 3 years, Baghdad has maintained a complete blockade of
food, fuel, and medicine on northern Iraq. The Iraqi military routinely
harasses residents on the north, and has attempted to ``Arabize''
Kurdish, Turcomen, and Assyrian areas in the north. Iraq has not
relented in its military artillery attacks against civilian population
centers in the south, or in its burning and draining operations in the
southern marshes, which have forced thousands to flee to neighboring
States.
In 1991, the United Nations Security Council adopted Resolutions 706
and 712, which would permit Iraq to sell up to $1.6 billion of oil
under U.N. auspices to fund the provision of food, medicine, and other
humanitarian supplies to the people of Iraq. The resolutions also
provide for the payment of compensation to victims of Iraqi aggression
and other U.N. activities with respect to Iraq. The equitable
distribution within Iraq of this humanitarian assistance would be
supervised and monitored by the United Nations. The Iraqi regime so far
has refused to accept these resolutions and has thereby chosen to
perpetuate the suffering of its civilian population. Nearly a year ago,
the Iraqi government informed the United Nations that it would not
implement Resolutions 706 and 712.
The policies and actions of the Saddam Hussein regime continue to
pose an unusual and extraordinary threat to the national security and
foreign policy of the United States, as well as to regional peace and
security. The U.N. resolutions require that the Security Council be
assured of Iraq's peaceful intentions in judging its compliance with
sanctions. Because of Iraqi's failure to comply fully with these
resolutions, the United States will continue to apply economic
sanctions to deter it from threatening peace and stability in the
region.
William J. Clinton.
The White House, August 2, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Foreign Affairs and ordered to
be printed (H. Doc. 103-289).
Para. 88.20 permission to file report
On motion of Mr. ROSE, by unanimous consent, the Committee on House
Administration was granted permission until midnight tonight to file a
report (Rept. No. 103-650, pt. 2) on the bill (H.R. 4822) to make
certain laws applicable to the legislative branch of the Federal
Government.
Para. 88.21 message from the senate
A message from the Senate by Mr. Haller, one of its clerks, announced
that the Senate had passed without amendment a bill and joint resolution
of the House of the following titles:
H.R. 2457. An Act to direct the Secretary of the Interior
to conduct a salmon captive broodstock program; and
H.J. Res. 374. Joint resolution designating August 2, 1994,
as ``National Neighborhood Crime Watch Day.''
The message also announced that the Senate agreed to the amendment of
the
[[Page 1431]]
House of Representatives to the amendment of the Senate to the bill
(H.R. 868) entitled ``An Act to strengthen the authority of the Federal
Trade Commission to protect consumers in connection with sales with a
telephone, and for other purposes''.
Para. 88.22 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. FOGLIETTA, for August 1;
To Mr. FORD of Tennessee, for today;
To Mr. DeFAZIO, for today;
To Mr. MONTGOMERY, for today after 2 p.m. and August 3;
To Ms. SLAUGHTER, for today; and
To Miss COLLINS of Michigan, for August 1 and today.
And then,
Para. 88.23 adjournment
On motion of Mr. BURTON, pursuant to the special order heretofore
agreed to, at 8 o'clock and 15 minutes p.m., the House adjourned until
12 o'clock noon on Wednesday, August 3, 1994.
Para. 88.24 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. MONTGOMERY: Committee on Veterans' Affairs. H.R. 3600.
A bill to ensure individual and family security through
health care coverage for all Americans in a manner that
contains the rate of growth in health care costs and promotes
responsible health insurance practices, to promote choice in
health care, and to ensure and protect the health care of all
Americans; with an amendment (Rept. No. 103-601, Pt. 4).
Ordered to be printed.
Mr. MOAKLEY: Committee on Rules. H.R. 4822. A bill to make
certain laws applicable to the legislative branch of the
Federal Government; with amendments (Rept. No. 103-650 Pt.
1). Ordered to be printed.
Mr. ROSE: Committee on House Administration. H.R. 4822. A
bill to make certain laws applicable to the legislative
branch of the Federal Government; with amendments (Rept. No.
103-650 Pt. 2). Ordered to be printed.
Mr. GONZALEZ: Committee of Conference. Conference report on
H.R. 3841. A bill to amend the Bank Holding Company Act of
1956, the Revised Statutes of the United States, and the
Federal Deposit Insurance Act to provide for interstate
banking and branching (Rept. No. 103-651). Ordered to be
printed.
Mr. GONZALEZ: Committee of Conference. Conference report on
H.R. 3474. A bill to reduce administrative requirements for
insured depository institutions to the extent consistent with
safe and sound banking practices, to facilitate the
establishment of community development financial
institutions, and for other purposes (Rept. No. 103-652).
Ordered to be printed.
Para. 88.25 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Ms. NORTON (for herself, Mr. Moran, Mr. Wynn, Mr.
Hoyer, Mr. Wolf, Mrs. Morella, Mrs. Byrne, and Mr.
Mfume):
H.R. 4884. A bill to authorize noncompetitive, career or
career-conditional appointments for employees of the Criminal
Justice Information Services of the Federal Bureau of
Investigation who do not relocate to Clarksburg, WV; to the
Committee on Post Office and Civil Service.
By Mr. de la GARZA:
H.R. 4885. A bill entitled, ``The North American Border
Stations Improvements Act''; to the Committee on Public Works
and Transportation.
By Mr. EWING:
H.R. 4886. A bill to provide for the conservation and
development of water and related resources, to authorize the
Secretary of the Army to construct various projects for
improvements to rivers and harbors of the United States, and
for other purposes; to the Committee on Public Works and
Transportation.
By Mr. GRAMS:
H.R. 4887. A bill to amend the Nuclear Waste Policy Act of
1982 to reaffirm the obligation of the Secretary of Energy to
provide for the safe disposal of spent nuclear fuel beginning
not later than January 31, 1998, and for other purposes;
jointly, to the Committees on Energy and Commerce and Natural
Resources.
By Ms. NORTON:
H.R. 4888. A bill entitled, ``District of Columbia
Government Revenue Bond Delegation Authority Act of 1994'';
to the Committee on the District of Columbia.
By Mr. TORRES:
H.J. Res. 397. Joint resolution designating the week
beginning September 12, 1994, as ``National Hispanic Business
Week''; to the Committee on Post Office and Civil Service.
Para. 88.26 private bills and resolutions
Under clause 1 of rule XXII, private bills and resolutions were
introduced and severally referred as follows:
By Mr. GILLMOR:
H.R. 4889. A bill to authorize issuance of a certificate of
documentation with appropriate endorsement for the vessel
Island Star; to the Committee on Merchant Marine and
Fisheries.
By Mr. ROSE:
H.R. 4890. A bill to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
and the fisheries for the vessel Raven; to the Committee on
Merchant Marine and Fisheries.
Para. 88.27 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 65: Mr. Fazio.
H.R. 70: Mrs. Byrne and Mr. Doolittle.
H.R. 127: Mr. Pomeroy, Mr. Hoke, Mr. Doolittle, Mr. DeLay,
Mr. Leach, Mr. McDade, Mr. Cox, and Mr. Johnson of South
Dakota.
H.R. 140: Ms. Harman and Mr. Shays.
H.R. 301: Mr. Knollenberg and Mr. Calvert.
H.R. 688: Mr. LaFalce.
H.R. 967: Mr. Wolf, Mr. Deutsch, Mr. Barca of Wisconsin,
and Mr. Ehlers.
H.R. 998: Mr. Doolittle.
H.R. 1009: Mr. Doolittle.
H.R. 1056: Mr. DeFazio, Mr. Taylor of Mississippi, Mr. Pete
Geren of Texas, and Mr. Cunningham.
H.R. 1099: Mr. Calvert.
H.R. 1110: Mr. McDade.
H.R. 1168: Mr. Saxton.
H.R. 1297: Mr. Cox.
H.R. 1433: Mr. McCurdy, Ms. Margolies-Mezvinsky, Mr. Pombo,
Mr. Taylor of North Carolina, Mrs. Johnson of Connecticut,
Mr. Price of North Carolina, Mr. Fingerhut, Mr. Barca of
Wisconsin, and Mr. Hoagland.
H.R. 1509: Mr. Dicks, Mr. Vento, Mr. Abercrombie, Mr.
Andrews of Maine, Mr. Thompson, Mr. Conyers, and Mr.
Foglietta.
H.R. 1627: Mr. Lewis of Kentucky.
H.R. 1671: Mr. Reed, Mr. Quinn, Mr. Meehan, Mr. Engel, and
Mr. Neal of North Carolina.
H.R. 1989: Mr. Kingston, Mr. Dornan, and Mr. Cox.
H.R. 2292: Mr. Gejdenson and Mr. McCrery.
H.R. 2365: Mr. Saxton.
H.R. 2556: Mr. Torricelli.
H.R. 3017: Mr. Doolittle.
H.R. 3086: Mr. Knollenberg.
H.R. 3179: Mr. Herger.
H.R. 3250: Mr. Knollenberg and Mr. Doolittle.
H.R. 3263: Ms. DeLauro and Ms. Margolies-Mezvinsky.
H.R. 3288: Mr. Barrett of Nebraska.
H.R. 3337: Ms. DeLauro.
H.R. 3457: Ms. Schenk.
H.R. 3766: Ms. Schenk.
H.R. 3794: Mr. Everett.
H.R. 3955: Mr. Mazzoli and Mr. Miller of Florida.
H.R. 3967: Mr. Saxton.
H.R. 3978: Mr. Kim.
H.R. 3990: Mrs. Fowler, Mr. Gene Green of Texas, and Mr.
Hastings.
H.R. 4024: Mr. Conyers.
H.R. 4036: Mrs. Roukema, Mr. Klug, Mr. Saxton, and Mr.
Lipinski.
H.R. 4056: Mr. Boehner.
H.R. 4057: Mr. Mica, Mr. Stearns, Mr. Zimmer, and Mr.
Talent.
H.R. 4077: Mr. Richardson.
H.R. 4091: Mr. Gutierrez and Mr. Foglietta.
H.R. 4142: Mr. Matsui, Mr. Boehlert, Mr. Owens, Mr. Barca
of Wisconsin, Mr. Hinchey, Ms. Shepherd, Mrs. Byrne, Mrs.
Johnson of Connecticut, and Mr. Torricelli.
H.R. 4327: Mr. Penny, Mr. Zimmer, Mr. Jacobs, Mr. Collins,
of Georgia, Mr. Ballenger, and Mr. Shays.
H.R. 4379: Mr. McHugh, Mr. Frost, Mr. Wilson, Mr. Solomon,
Mr. Thompson, and Mr. Barrett of Nebraska.
H.R. 4517: Mr. Foglietta.
H.R. 4527: Mr. Boucher, Mr. Spratt, Mr. Taylor of North
Carolina, Mr. Duncan, Mr. Stenholm, and Mr. Shaw.
H.R. 4643: Mr. DeLay.
H.R. 4675: Mr. Canady.
H.R. 4697: Mr. Pastor, Mr. Coppersmith, Mr. Stump, Mr. Kyl,
and Mr. Kolbe.
H.R. 4742: Mr. Condit, Mr. Weldon, Mr. Gallegly, Mr. Crapo,
Mr. Smith of Oregon, Mr. Bonilla, Mr. Pombo, Mr. Baker of
California, Mr. Lucas, Mr. Schaefer, Mr. Dornan, and Mr.
Hefley.
H.R. 4779: Mr. Gillmor.
H.R. 4802: Mr. Levy, Ms. Snowe, Mr. Canady, Mr. McCloskey,
Mr. LaFalce, and Mr. Neal of Massachusetts.
H.R. 4805: Ms. Eddie Bernice Johnson of Texas, and Mr.
Penny.
H.R. 4831: Mrs. Lloyd.
H.R. 4841: Ms. Norton.
H. Con. Res. 138: Mr. Waxman, Mr. Hinchey, and Mr. Peterson
of Minnesota.
H. Con. Res. 148: Mr. Kleczka, Mr. Bateman, Ms. Eddie
Bernice Johnson of Texas, and Mr. Abercrombie.
H. Con. Res. 179: Mr. Levy.
H. Con. Res. 243: Mr. Hastings, Mr. Schiff, Ms. Eshoo, and
Ms. Pelosi.
H. Con. Res. 254: Mr. Jefferson.
H. Con. Res. 256: Ms. Pryce of Ohio, and Ms. Margolies-
Mezvinsky.
H. Con. Res. 257: Mr. Deutsch and Mr. Mineta.
H. Con. Res. 269: Mr. Ballenger and Mr. Fawell.
H. Res. 21: Mr. Cox and Mr. Canady.
[[Page 1432]]
H. Res. 117: Mr. Schiff.
H. Res. 181: Mr. Cox.
H. Res. 190: Mr. Cox.
H. Res. 234: Mr. Baker of California, Mr. Bateman, and Mr.
Solomon.
H. Res. 270: Mr. Schaefer.
.
WEDNESDAY, AUGUST 3, 1994 (89)
The House was called to order by the SPEAKER.
Para. 89.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Tuesday, August 2, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 89.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3634. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to Russia, pursuant to 12
U.S.C. 635(b)(3)(i); to the Committee on Banking, Finance and
Urban Affairs.
3635. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-314,
``Washington Convention Center Authority Act of 1994,''
pursuant to D.C. Code, section, 1-233(c)(1); to the Committee
on the District of Columbia.
3636. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-315, ``Arena
Tax Amendment Act of 1994,'' pursuant to D.C. Code, section
1-233(c)(1); to the Committee on the District of Columbia.
3637. A letter from the Secretary of Energy, transmitting
the status of Exxon and stripper well oil overcharge funds as
of March 30, 1994; to the Committee on Energy and Commerce.
3638. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed transfer of defense equipment to the Federal
Republic of Germany (DRSA-1-94), pursuant to 22 U.S.C.
2753(d)(3); to the Committee on Foreign Affairs.
3639. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a report on the
outstanding expropriation claims of U.S. persons, pursuant to
Public Law 103-236, section 527(f); to the Committee on
Foreign Affairs.
3640. A letter from Assistant Secretary for Legislative
Affairs, Department of State, transmitting the President's
determination (94-37) that certain military sales are in the
national security interest, pursuant to Public Law 103-87,
section 527; jointly, to the Committees on Appropriations and
Foreign Affairs.
Para. 89.3 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate agreed to the amendment of the House to the bill (S.
1458) ``An Act to amend the Federal Aviation Act of 1958 to establish
time limitations on certain civil actions against aircraft
manufacturers, and for other purposes'' with an amendment.
The message also announced that the Senate had passed bills and joint
resolutions of the following titles, in which the concurrence of the
House is requested:
S. 1897. An Act to expand the boundary of the Santa Fe
National Forest, and for other purposes;
S. 1919. An Act to improve water quality within the Rio
Puerco watershed and to help restore the ecological health of
the Rio Grande through the cooperative identification and
implementation of best management practices which are
consistent with the ecological, geological, cultural,
sociological, and economic conditions in the region;
S. 2185. An Act to require the Secretary of the Treasury to
transfer to the Administrator of General Services the Old
U.S. Mint in San Francisco, and for other purposes;
S.J. Res. 157. Joint Resolution to designate 1994 as ``The
Year of Gospel Music''; and
S.J. Res. 196. Joint Resolution designating September 16,
1994, as ``National POW/MIA Recognition Day'' and authorizing
display of the National League of Families POW/MIA flag.
Para. 89.4 providing for the consideration of s. 1357
Mr. HALL of Ohio, by direction of the Committee on Rules, called up
the following resolution (H. Res. 501):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (S. 1357) to reaffirm and clarify the Federal
relationships of the Little Traverse Bay Bands of Odawa
Indians and the Little River Band of Ottawa Indians as
distinct federally recognized Indian tribes, and for other
purposes. The first reading of the bill shall be dispensed
with. General debate shall be confined to the bill and shall
not exceed one hour equally divided and controlled by the
chairman and ranking minority member of the Committee on
Natural Resources. After general debate the bill shall be
considered for amendment under the five-minute rule. Each
section of the bill shall be considered as read. At the
conclusion of consideration of the bill for amendment the
Committee shall rise and report the bill to the House with
such amendments as may have been adopted. The previous
question shall be considered as ordered on the bill and
amendments thereto to final passage without intervening
motion except one motion to recommit.
When said resolution was considered.
After debate,
On motion of Mr. HALL of Ohio, the previous question was ordered on
the resolution to its adoption or rejection and under the operation
thereof, the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 89.5 providing for the consideration of s. 1066
Mr. HALL of Ohio, by direction of the Committee on Rules, called up
the following resolution (H. Res. 502):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the State of the Union for consideration of
the bill (S. 1066) to restore Federal services to the Pokagon
Band of Potawatomi Indians. The first reading of the bill
shall be dispensed with. General debate shall be confined to
the bill and shall not exceed one hour equally divided and
controlled by the chairman and ranking minority member of the
Committee on Natural Resources. After general debate the bill
shall be considered for amendment under the five-minute rule.
Each section of the bill shall be considered as read. At the
conclusion of consideration of the bill for amendment the
Committee shall rise and report the bill to the House with
such amendments as may have been adopted. The previous
question shall be considered as ordered on the bill and
amendments thereto to final passage without intervening
motion except one motion to recommit.
When said resolution was considered.
After debate,
On motion of Mr. HALL of Ohio, the previous question was ordered on
the resolution to its adoption or rejection and under the operation
thereof, the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 89.6 odawa and ottawa indians
The SPEAKER pro tempore, Mr. MAZZOLI, pursuant to House Resolution 501
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
of the Senate (S. 1357) to reaffirm and clarify the Federal
relationships of the Little Traverse Bay Bands of Odawa Indians and the
Little River Band of Ottawa Indians as distinct federally recognized
Indian tribes, and for other purposes.
The SPEAKER pro tempore, Mr. MAZZOLI, by unanimous consent, designated
Mr. MENENDEZ as Chairman of the Committee of the Whole; and after some
time spent therein,
The SPEAKER pro tempore, Mr. MAZZOLI, assumed the Chair.
When Mr. MENENDEZ, Chairman, pursuant to House Resolution 501,
reported the bill back to the House.
The previous question having been ordered by said resolution.
The bill was ordered to be read a third time, and was read a third
time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. MAZZOLI, announced that the yeas had it.
Mr. SHAYS objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
238
When there appeared
<3-line {>
Nays
180
Para. 89.7 [Roll No. 372]
YEAS--238
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bishop
Blackwell
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
[[Page 1433]]
Brown (OH)
Bryant
Byrne
Camp
Cantwell
Cardin
Chapman
Clay
Clayton
Clement
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford (MI)
Frank (MA)
Franks (CT)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gilman
Glickman
Gonzalez
Green
Gunderson
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Hoekstra
Holden
Horn
Hoyer
Hunter
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kildee
Kleczka
Klein
Klink
Knollenberg
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lehman
Levin
Lewis (GA)
Lipinski
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickle
Price (NC)
Quillen
Rahall
Rangel
Ravenel
Reed
Richardson
Ridge
Roemer
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Skaggs
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Solomon
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Tejeda
Thornton
Thurman
Torkildsen
Torres
Towns
Traficant
Tucker
Unsoeld
Upton
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Young (AK)
NAYS--180
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cooper
Cox
Crane
Crapo
Cunningham
Deal
DeLauro
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Everett
Ewing
Fawell
Fields (TX)
Fingerhut
Fish
Fowler
Franks (NJ)
Gallegly
Gallo
Gekas
Gillmor
Gingrich
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Greenwood
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoke
Houghton
Huffington
Hughes
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kennelly
Kim
King
Kingston
Klug
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lloyd
Lucas
Manzullo
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Moorhead
Nussle
Orton
Packard
Parker
Paxon
Penny
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce (OH)
Quinn
Ramstad
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Sisisky
Skeen
Smith (OR)
Smith (TX)
Snowe
Spence
Stearns
Stenholm
Stump
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torricelli
Valentine
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (FL)
Zeliff
Zimmer
NOT VOTING--16
Carr
Clyburn
DeFazio
Ford (TN)
Laughlin
Machtley
McCandless
McCurdy
Montgomery
Oxley
Reynolds
Slattery
Thompson
Washington
Wheat
Whitten
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 89.8 pokagon band of potawatomi indians
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, pursuant to House
Resolution 502 and rule XXIII, declared the House resolved into the
Committee of the Whole House on the state of the Union for the
consideration of the bill of the Senate (S. 1066) to restore Federal
services to the Pokagon Band of Potawatomi Indians.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, by unanimous
consent, designated Mr. MENENDEZ as Chairman of the Committee of the
Whole; and after some time spent therein,
The SPEAKER pro tempore, Mr. McNULTY, assumed the Chair.
When Mr. MENENDEZ, Chairman, pursuant to House Resolution 502,
reported the bill back to the House.
The previous question having been ordered by said resolution.
The bill was ordered to be read a third time, and was read a third
time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. McNULTY, announced that the yeas had it.
Mr. SHAYS objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
248
When there appeared
<3-line {>
Nays
174
Para. 89.9 [Roll No. 373]
YEAS--248
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Baker (LA)
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Callahan
Camp
Cantwell
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Doolittle
Durbin
Edwards (CA)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford (MI)
Frank (MA)
Franks (CT)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gilman
Glickman
Gonzalez
Green
Gunderson
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Hoekstra
Holden
Horn
Hoyer
Hunter
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Knollenberg
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Leach
Lehman
Levin
Lewis (GA)
Lipinski
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCollum
McDade
McDermott
McHale
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Mfume
Mica
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickle
Pombo
Price (NC)
Quillen
Rahall
Rangel
Ravenel
Reed
Richardson
Ridge
Roemer
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Shuster
Skaggs
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Spence
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Sundquist
Swift
Tejeda
Thornton
Thurman
Torkildsen
Torres
Towns
Traficant
Tucker
Unsoeld
Upton
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--174
Archer
Armey
Bachus (AL)
Baker (CA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Calvert
Canady
Castle
Clinger
Coble
Collins (GA)
[[Page 1434]]
Combest
Cooper
Cox
Crane
Crapo
Cunningham
Deal
DeLauro
DeLay
Diaz-Balart
Dickey
Dornan
Dreier
Duncan
Dunn
Everett
Ewing
Fawell
Fields (TX)
Fingerhut
Fish
Fowler
Franks (NJ)
Gallegly
Gallo
Gekas
Gillmor
Gingrich
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Greenwood
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoke
Houghton
Huffington
Hughes
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Kolbe
Kyl
Lazio
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lloyd
Lucas
Manzullo
McCandless
McCrery
McCurdy
McHugh
McInnis
McKeon
Meyers
Michel
Miller (FL)
Minge
Molinari
Moorhead
Nussle
Orton
Packard
Parker
Paxon
Penny
Peterson (MN)
Petri
Pickett
Pomeroy
Porter
Portman
Poshard
Pryce (OH)
Quinn
Ramstad
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Sisisky
Skeen
Smith (OR)
Smith (TX)
Snowe
Solomon
Stearns
Stenholm
Stump
Swett
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Thompson
Torricelli
Valentine
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--12
Carr
DeFazio
Edwards (TX)
Ford (TN)
Laughlin
Machtley
Montgomery
Oxley
Reynolds
Slattery
Washington
Wheat
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 89.10 general aviation liability limits
On motion of Mr. BROOKS, by unanimous consent, the bill of the Senate
(S. 1458) to amend the Federal Aviation Act of 1958 to establish time
limitations on certain civil actions against aircraft manufacturers, and
for other purposes; together with the following amendment of the Senate
to the amendment of the House thereto, was taken from the Speaker's
table:
Page 4 strike out all after line 14 over to and including
line 3 on page 5 and insert:
(3) the term ``limitation period'' means 18 years with
respect to general aviation aircraft and the components,
systems, subassemblies, and other parts of such aircraft; and
On motion of Mr. BROOKS, said Senate amendment to the House amendment
was agreed to.
A motion to reconsider the vote whereby said Senate amendment to the
House amendment was agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
Para. 89.11 printing resolution
On motion of Mr. MANTON, by unanimous consent, the Committee on House
Administration was discharged from further consideration of the
following concurrent resolution (H. Con. Res. 248):
Resolved by the House of Representatives (the Senate
concurring), That there be printed with illustrations as a
House document the eulogies and encomiums of the late
President of the United States, Richard M. Nixon, as
expressed in the House of Representatives and the Senate.
Such publications to include the text of the funeral services
held in Yorba Linda, California; and that thirty-two thousand
five hundred additional copies shall be printed, of which
twenty-two thousand one hundred and fifty shall be for the
use of the House of Representatives and ten thousand three
hundred and fifty shall be for the use of the Senate; or such
numbers of copies of the document as does not exceed a total
production and printing costs of $500,000.
Sec. 2. The copy shall be prepared and bound in such style
as the Joint Committee on Printing may direct.
When said concurrent resolution was considered.
Mr. MANTON submitted the following amendment in the nature of a
substitute which was agreed to:
Strike out all after the resolving clause and insert the
following:
That the eulogies and encomiums for the late President of the
United States, Richard M. Nixon, as expressed in the House of
Representatives and the Senate, together with the text of the
funeral services for the late President in Yorba Linda,
California, shall be printed as a House document, with
illustrations and suitable binding. The document shall be
prepared under the direction of the Joint Committee on
Printing.
Sec. 2. In addition to the usual number, there shall be
printed the lesser of--
(1) 32,500 copies of the document, of which 22,150 copies
shall be for the use of the House of Representatives and
10,350 copies shall be for the use of the Senate; or
(2) such number of copies of the document as does not
exceed a total production and printing cost of $500,000, with
distribution to be allocated in the same proportion as
described in paragraph (1).
The concurrent resolution, as amended, was agreed to.
By unanimous consent, the title was amended so as to read:
``Concurrent resolution providing for the printing of eulogies,
encomiums, and funeral services for the late President of the United
States, Richard M. Nixon.''.
A motion to reconsider the votes whereby said concurrent resolution,
as amended, was agreed to and the title was amended was, by unanimous
consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 89.12 printing resolution
On motion of Mr. MANTON, by unanimous consent, the Committee on House
Administration was discharged from further consideration of the
following concurrent resolution of the Senate (S. Con. Res. 38):
Resolved by the Senate (the House of Representatives
concurring), That there shall be printed as a Senate
document, the book entitled ``The United States Capitol: A
Brief Architectural History'', prepared by the Office of the
Architect of the Capitol.
Sec. 2. Such document shall include illustrations, and
shall be in such style, form, manner, and binding as directed
by the Joint Committee on Printing after consultation with
the Secretary of the Senate.
Sec. 3. In addition to the usual number of copies, there
shall be printed--
(1) 56,500 copies for the use of the Commission on the
Bicentennial of the United States Capitol; or
(2) such number of copies as does not exceed a total
production and printing cost of $69,206.
When said concurrent resolution was considered.
Mr. MANTON submitted the following amendment which was agreed to:
Page 1, strike out line 10 and all that follows through
page 2, line 2, and insert in lieu thereof the following:
Sec. 3. In addition to the usual number, there shall be
printed, for the use of the Commission on the Bicentennial of
the United States Capitol, the lesser of--
(1) 56,500 copies of the document; or
(2) such number of copies of the document as does not
exceed a total production and printing cost of $69,206.
The concurrent resolution, as amended, was agreed to.
By unanimous consent, the title was amended so as to read:
``Concurrent resolution authorizing the printing of the book entitled
``The United States Capitol: A Brief Architectural History.''.
A motion to reconsider the votes whereby said concurrent resolution,
as amended, was agreed to and the title was amended was, by unanimous
consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendments.
Para. 89.13 printing resolution
On motion of Mr. MANTON, by unanimous consent, the Committee on House
Administration was discharged from further consideration of the
following concurrent resolution of the Senate (S. Con. Res. 39):
Resolved by the Senate (the House of Representatives
concurring), That there shall be printed as a Senate
document, the book entitled ``Glenn Brown's History of the
United States Capitol'', as prepared under the auspices of
the Architect of the Capitol, with support from the United
States Capitol Preservation Commission and the United States
Capitol Historical Society.
Sec. 2. Such document shall include illustrations, and
shall be in such style, form, manner, and binding as directed
by the Joint Committee on Printing after consultation with
the Secretary of the Senate.
Sec. 3. In addition to the usual number of copies, there
shall be printed--
(1) 6,500 copies for the use of the Senate and the House of
Representatives, to be allocated as determined jointly by the
Secretary of the Senate and the Clerk of the House of
Representatives; or
(2) such number of copies as does not exceed a total
production and printing cost of $112,265.
When said concurrent resolution was considered.
Mr. MANTON submitted the following amendment which was agreed to:
Page 1, line 3, strike out ``entitled'' and all that
follows through ``as'' on line 4, and in-
[[Page 1435]]
sert in lieu thereof ``entitled `History of the United States
Capitol', by Glenn Brown, as''.
Page 2, strike out line 3 and all that follows through line
10, and insert in lieu thereof the following:
Sec. 3. In addition to the usual number, there shall be
printed, for the use of the Senate and the House of
Representatives, the lesser of--
(1) 6,500 copies of the document, to be allocated as
determined jointly by the Secretary of the Senate and the
Clerk of the House of Representatives; or
(2) such number of copies of the document as does not
exceed a total production and printing cost of $112,265, with
distribution to be allocated as described in paragraph (1).
The concurrent resolution, as amended, was agreed to.
By unanimous consent, the title was amended so as to read:
``Concurrent resolution authorizing the printing of the book entitled
`History of the United States Capitol'.''.
A motion to reconsider the votes whereby said concurrent resolution,
as amended, was agreed to and the title was amended was, by unanimous
consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendments.
Para. 89.14 printing resolution
On motion of Mr. MANTON, by unanimous consent, the Committee on House
Administration was discharged from further consideration of the
following concurrent resolution of the Senate (S. Con. Res. 40):
Resolved by the Senate (the House of Representatives
concurring), That there shall be printed as a Senate
document, the book entitled ``Constantino Brumidi: Artist of
the Capitol'', as prepared by the Office of the Architect of
the Capitol.
Sec. 2. Such document shall include illustrations, and
shall be in such style, form, manner, and binding as directed
by the Joint Committee on Printing after consultation with
the Secretary of the Senate.
Sec. 3. In addition to the usual number of copies, there
shall be printed--
(1) 15,000 copies for the use of the Senate and the House
of representatives, to be allocated as determined jointly by
the Secretary of the Senate and the Clerk of the House of
Representatives; or
(2) such number of copies as does not exceed a total
production and printing cost of $55,489.
When said concurrent resolution was considered.
Mr. MANTON submitted the following amendment which was agreed to:
Page 1, strike out line 10 and all that follows through
page 2, line 6 and insert in lieu thereof the following:
Sec. 3. In addition to the usual number, there shall be
printed, for the use of the Senate and the House of
Representatives, the lesser of--
(1) 15,000 copies of the document, to be allocated as
determined jointly by the Secretary of the Senate and the
Clerk of the House of Representatives; or
(2) such number of copies of the document as does not
exceed a total production and printing cost of $55,489, with
distribution to be allocated as described in paragraph (1).
The concurrent resolution, as amended, was agreed to.
By unanimous consent, the title was amended so as to read:
``Concurrent resolution authorizing the printing of the book entitled
`Constantino Brumidi: Artist of the Capitol'.''.
A motion to reconsider the votes whereby said concurrent resolution,
as amended, was agreed to and the title was amended was, by unanimous
consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendments.
Para. 89.15 printing resolution
On motion of Mr. MANTON, by unanimous consent, the Committee on House
Administration was discharged from further consideration of the
following concurrent resolution of the Senate (S. Con. Res. 41):
Resolved by the Senate (the House of Representatives
concurring), That there shall be printed as a Senate
document, the book entitled ``The Cornerstones of the United
States Capitol'', prepared by the Office of the Architect of
the Capitol.
Sec. 2. Such document shall include illustrations, and
shall be in such style, form, manner, and binding as directed
by the Joint Committee on Printing after consultation with
the Secretary of the Senate.
Sec. 3. In addition to the usual number of copies, there
shall be printed--
(1) 50,000 copies for the use of the Commission on the
Bicentennial of the United States Capitol; or
(2) such number of copies as does not exceed a total
production and printing cost of $59,697.
When said concurrent resolution was considered.
Mr. MANTON submitted the following amendment which was agreed to:
Page 1, strike out line 10 and all that follows through
page 2, line 2 and insert in lieu thereof the following:
Sec. 3. In addition to the usual number, there shall be
printed, for the use of the Commission on the Bicentennial of
the United States Capitol, the lessor of--
(1) 50,000 copies of the document; or
(2) such number of copies of the document as does not
exceed a total production and printing cost of $59,697.
The concurrent resolution, as amended, was agreed to.
By unanimous consent, the title was amended so as to read:
``Concurrent resolution authorizing the printing of the book entitled
`The Cornerstones of the United States Capitol'.''.
A motion to reconsider the votes whereby said concurrent resolution,
as amended, was agreed to and the title was amended was, by unanimous
consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendments.
Para. 89.16 waiving points of order against conference report on
h.r.4426
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-657) the resolution (H. Res. 504) waiving points of order
against the conference report to accompany the bill (H.R. 4426) making
appropriations for foreign operations, export financing, and related
programs for the fiscal year ending September 30, 1995.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 89.17 waiving points of order against conference report on
h.r.3841
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-658) the resolution (H. Res. 505) waiving points of order
against the conference report to accompany the bill (H.R. 3841) to amend
the Bank Holding Company Act of 1956, the Revised Statutes of the United
States, and the Federal Deposit Insurance Act to provide for interstate
banking and branching.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 89.18 waiving points of order against conference report on
h.r.3474
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-659) the resolution (H. Res. 506) waiving points of order
against the conference report to accompany the bill (H.R. 3474) to
reduce administrative requirements for insured depository institutions
to the extent consistent with safe and sound banking practices, to
facilitate the establishment of community development financial
institutions, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 89.19 senate bill and joint resolutions referred
A bill and joint resolutions of the Senate of the following titles
were taken from the Speaker's table and, under the rule, referred as
follows:
S. 1919. An Act to improve water quality within the Rio
Puerco watershed and to help restore the ecological health of
the Rio Grande through the cooperative identification and
implementation of best management practices which are
consistent with the ecological, geological, cultural,
sociological, and economic conditions in the region; jointly,
to the Committee on Natural Resources and the Committee on
Merchant Marine and Fisheries;
S.J. Res. 157. Joint resolution to designate 1994 as ``The
Year of Gospel Music''; to the Committee on Post Office and
Civil Service; and
S.J. Res. 196. Joint resolution designating September 16,
1994, as ``National POW/MIA Recognition Day'' and authorizing
display of the National League of Families POW/MIA flag; to
the Committees on Post Office and Civil Service and Veterans'
Affairs.
Para. 89.20 senate enrolled joint resolution signed
The SPEAKER announced his signature to an enrolled joint resolution of
the Senate of the following title:
S.J. Res. 195. Joint resolution to designate August 1,
1994, as ``Helsinki Human Rights Day.''
Para. 89.21 leave of absence
By unanimous consent, leave of absence was granted--
[[Page 1436]]
To Mr. OXLEY, for today;
To Mr. DeFAZIO, for today; and
To Mr. FORD of Tennessee, for today.
And then,
Para. 89.22 adjournment
On motion of Mr. DORNAN, at 6 o'clock and 55 minutes p.m., the House
adjourned.
Para. 89.23 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. MILLER of California: Committee on Natural Resources.
H.R. 3508, A bill to provide for tribal self-governance, and
for other purposes; with an amendment (Rept. No. 103-653).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. BROWN of California: Committee on Science, Space, and
Technology. H.R. 4489. A bill to authorize appropriations to
the National Aeronautics and Space Administration for human
space flight, science, aeronautics and technology, mission
support, and inspector general, and for other purposes; with
an amendment (Rept. No. 103-654). Referred to the Committee
of the Whole House on the State of the Union.
Mr. DINGELL: Committee on Energy and Commerce. H.R. 4545. A
bill to amend the Federal Railroad Safety Act of 1970, and
for other purposes; with amendments (Rept. No. 103-655).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. CONYERS: Committee on Government Operations. H.R. 2461.
A bill to amend the Federal Property and Administrative
Services Act of 1949 to authorize the transfer to States of
surplus personal property for donation to nonprofit providers
of necessaries to impoverished families and individuals
(Rept. No. 103-656). Referred to the Committee of the Whole
House on the State of the Union.
Mr. FROST: Committee on Rules. House Resolution 504.
Resolution waiving points of order against the conference
report to accompany the bill (H.R. 4426) making
appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30,
1995, (Rept. No. 103-657). Referred to the House Calendar.
Mr. FROST: Committee on Rules. House Resolution 505.
Resolution waiving points of order against the conference
report to accompany the bill (H.R. 3841) to amend the Bank
Holding Company Act of 1956, the Revised Statutes of the
United States, and the Federal Deposit Insurance Act to
provide for interstate banking and branching, (Rept. No. 103-
658). Referred to the House Calendar.
Mr. BEILENSON: Committee on Rules. House Resolution 506.
Resolution waiving points of order against the conference
report to accompany the bill (H.R. 3474) to reduce
administrative requirements for insured depository
institutions to the extent consistent with safe and sound
banking practices, to facilitate the establishment of
community development financial institutions, and for other
purposes, (Rept. No. 103-659). Referred to the House
Calendar.
Mr. DINGELL: Committee on Energy and Commerce. H.R. 3342. A
bill to establish a toll free number in the Department of
Commerce to assist consumers in determining if products are
American-made; with an amendment (Rept. No. 103-660).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 3967. A bill to amend the Helium Act to prohibit the
Bureau of Mines from refining helium and selling refined
helium, to dispose of the U.S. helium reserve, and for other
purposes; with an amendment (Rept. No. 103-661). Referred to
the Committee of the Whole House on the State of the Union.
Mr. DINGELL: Committee on Energy and Commerce. H.R. 4751. A
bill to reauthorize appropriations for the weatherization
program under section 422 of the Energy Conservation and
Production Act; with an amendment (Rept. No. 103-662).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. DINGELL: Committee on Energy and Commerce. H.R. 4752. A
bill to amend the Energy Policy and Conservation Act to
manage the Strategic Petroleum Reserve more effectively, and
for other purposes; with an amendment (Rept. No. 103-663).
Referred to the Committee of the Whole House on the State of
the Union.
Para. 89.24 subsequent action on a reported bill sequentially referred
Under clause 5 of rule X the following action was taken by the
Speaker:
H.R. 3433 is referred to the Committee on Government
Operations for a period ending not later than August 9, 1994,
for consideration of such provisions of the bill and
amendment as fall within the jurisdiction of that committee
pursuant to clause 1(j) of rule X.
Referral to the Committee on Government Operations of H.R.
4263 extended for a period ending not later than August 12,
1994.
Para. 89.25 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. HAMILTON (for himself, Mr. Ackerman, Mr.
Faleomavaega, Mr. Martinez, Mr. Deutsch, Mr. Gibbons,
Mr. Matsui, Mr. Kolbe, Mr. Dreier, Mr. Lightfoot, Mr.
Roemer, Ms. Harman, Mr. Bacchus of Florida, and Mr.
Orton):
H.R. 4891. A bill concerning United States efforts to
promote respect for internationally recognized human rights
in China; to the Committee on Foreign Affairs.
By Mr. MOAKLEY:
H.R. 4892. A bill to make certain laws applicable to the
legislative branch of the Federal Government; jointly, to the
Committees on House Administration, Education and Labor,
Rules, the Judiciary, and Government Operations.
By Mr. BARCA of Wisconsin (for himself, Mr. Penny, Mr.
Zimmer, Ms. Cantwell, and Mr. Barrett of Wisconsin):
H.R. 4893. A bill to repeal the North/South Center Act of
1991; to the Committee on Foreign Affairs.
By Mr. HUGHES:
H.R. 4894. A bill to prohibit unauthorized fixation of
sound recordings and music videos of live musical
performances and provide copyright protection in restored
works, and for certain other purposes; to the Committee on
the Judiciary.
By Mr. SPRATT:
H.R. 4895. A bill to provide for the tax treatment of
income and transactions relating to the Catawba Indian Tribe
of South Carolina Land Claims Settlement Act of 1993: to the
Committee on Ways and means.
By Mr. WHEAT (for himself and Mrs. Meyers of Kansas):
H.R. 4896. A bill to grant the consent of the Congress to
the Kansas and Missouri Metropolitan Culture District
Compact; to the Committee on the Judiciary.
By Mr. SKAGGS (for himself, Mr. Boehlert, and Mr.
Durbin):
H. Con. Res. 276. Concurrent resolution concerning
deployment of United States Armed Forces in Haiti; to the
Committee on Foreign Affairs.
Para. 89.26 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 88: Mr. Packard.
H.R. 127: Mr. Houghton, Mr. Lantos, and Mr. Lightfoot.
H.R. 193: Mr. Barrett of Nebraska, Mr. Emerson, Mr.
Solomon, Mr. Spence, Mr. Stump, and Mr. Walker.
H.R. 561: Mr. Huffington.
H.R. 642: Mr. Dicks and Mr. Crapo.
H.R. 885: Mr. Canady.
H.R. 1110: Mr. King and Mr. Saxton.
H.R. 1190: Mr. Sam Johnson.
H.R. 1205: Mr. Cox and Mr. Doolittle.
H.R. 1277: Mr. Condit.
H.R. 1300: Mr. Cox, Mr. Knollenberg, and Mr. Saxton.
H.R. 1309: Mrs. Meyers of Kansas.
H.R. 1620: Mr. Saxton and Mr. Dornan.
H.R. 2420: Mr. Sawyer.
H.R. 2676: Mr. Engel.
H.R. 2918: Mr. Miller of California, Mr. Filner, and Mr.
Schiff.
H.R. 3334: Mr. Zimmer and Mr. Thomas of Wyoming.
H.R. 3397: Mr. Mazzoli and Ms. Kaptur.
H.R. 3455: Mr. Cox.
H.R. 3486: Mr. Minge.
H.R. 3526: Ms. DeLauro, Mr. Serrano, Mrs. Clayton, Mr.
Meehan, Mr. Franks of New Jersey, Ms. Eshoo, Ms. Roybal-
Allard, and Ms. Slaughter.
H.R. 3668: Mr. Bacchus of Florida, Mr. Bryant, Mr.
Hochbrueckner, Mr. Mineta, Mr. Rangel, Mrs. Mink of Hawaii,
and Mr. Flake.
H.R. 3751: Mr. Smith of New Jersey.
H.R. 3762: Mr. Hastings and Mr. Swift.
H.R. 3820: Mr. Olver.
H.R. 3866: Mr. Yates.
H.R. 3905: Mr. Minge, Mr. Clay, and Ms. Shepherd.
H.R. 3971: Mr. Quillen.
H.R. 3994: Mr. Zeliff.
H.R. 4026: Ms. Pelosi.
H.R. 4048: Mr. Johnston of Florida.
H.R. 4050: Mr. Price of North Carolina.
H.R. 4051: Mr. Washington and Mr. Martinez.
H.R. 4088: Mr. Evans.
H.R. 4162: Mr. Evans.
H.R. 4198: Mr. Lucas.
H.R. 4318: Mr. Miller of California, Mr. Gene Green of
Texas, Mr. Martinez, and Ms. Collins of Michigan.
H.R. 4386: Mr. Evans.
H.R. 4412: Ms. Dunn.
H.R. 4457: Mr. Archer, Mr. Burton of Indiana, and Mr.
Weldon.
H.R. 4491: Mr. McHugh and Mr. Gunderson.
H.R. 4528: Ms. Schenk.
H.R. 4618: Mr. Stark.
H.R. 4643: Mr. Towns.
H.R. 4669: Mr. Stark.
H.R. 4708: Mr. Scott, Mr. Becerra, and Mr. Berman.
H.R. 4824: Mr. Barcia of Michigan.
H.R. 4831: Mr. Torkildsen.
H.R. 4840: Mr. Barton of Texas.
H.R. 4860: Mr. Bonior.
H.R. 4883: Mr. King.
H.J. Res. 117: Mr. Bereuter.
H.J. Res. 383: Mr. Kasich, Mr. Ackerman, Mr. McHugh, Mr.
Machtley, Mr. Frost, and Mr. Wilson.
H.J. Res. 385: Mr. Gingrich, Mr. Young of Alaska, and Mr.
King
[[Page 1437]]
H. Con. Res. 148: Mr. Blackwell, Mr. Sawyer, Mr. Cox, and
Mr. Roberts.
H. Con. Res. 166: Mr. Sangmeister, Mr. Sawyer, and Mr.
Gunderson.
H. Con. Res. 171: Mr. Swett, Mr. Nadler, Mr. Martinez, and
Mrs. Meyers of Kansas.
H. Con. Res. 252: Mr. Boehlert, Mr. Fish, Mr. Gilman, Mr.
Hinchey, Mr. Hochbrueckner, Mr. McHugh, Mr. Manton, Ms.
Molinari, Mr. Schumer, Ms. Velazquez, and Mrs. Maloney.
H. Con. Res. 255: Mr. Sawyer.
H. Res. 191: Mr. Cox.
H. Res. 432: Ms. Brown of Florida, Ms. McKinney, Mr.
Reynolds, and Mr. Swift.
H. Res. 434: Mr. McHale and Mr. Fingerhut.
H. Res. 481: Mr. Lipinski and Mr. Sarpalius.
Para. 89.27 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 4507: Mr. Owens.
H.J. Res. 366: Mr. Allard.
.
THURSDAY, AUGUST 4, 1994 (90)
The House was called to order by the SPEAKER.
Para. 90.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Wednesday, August 3, 1994.
Mr. GORDON, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the nays had it.
Mr. GORDON objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
228
Nays
151
When there appeared
<3-line {>
Answered present
1
Para. 90.2 [Roll No. 374]
YEAS--228
Abercrombie
Ackerman
Andrews (ME)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Bonior
Borski
Boucher
Brewster
Browder
Brown (FL)
Bryant
Byrne
Cantwell
Cardin
Carr
Castle
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (MI)
Combest
Condit
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
DeLauro
Derrick
Deutsch
Dicks
Dingell
Dooley
Durbin
Edwards (CA)
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Frank (MA)
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Greenwood
Gutierrez
Hall (TX)
Hamburg
Harman
Hastings
Hayes
Hefner
Hilliard
Hoagland
Hochbrueckner
Holden
Houghton
Hoyer
Hughes
Hutto
Inglis
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennelly
Kildee
Kingston
Kleczka
Klein
Klink
Kopetski
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lehman
Levin
Lewis (GA)
Lipinski
Livingston
Long
Lowey
Maloney
Mann
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Montgomery
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Spratt
Stenholm
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Traficant
Unsoeld
Valentine
Vento
Visclosky
Volkmer
Waters
Waxman
Wheat
Williams
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--151
Allard
Archer
Armey
Bachus (AL)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Canady
Clay
Coble
Collins (GA)
Cox
Crane
Crapo
DeLay
Diaz-Balart
Dickey
Doolittle
Dreier
Duncan
Ehlers
Emerson
Ewing
Fawell
Fields (TX)
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Gunderson
Hansen
Hastert
Hefley
Hobson
Hoke
Horn
Huffington
Hutchinson
Hyde
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kim
King
Klug
Knollenberg
Kolbe
Kreidler
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Murphy
Nussle
Oxley
Packard
Petri
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Saxton
Schaefer
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
ANSWERED ``PRESENT''--1
Conyers
NOT VOTING--54
Andrews (NJ)
Andrews (TX)
Baker (CA)
Barlow
Barton
Bateman
Bentley
Blackwell
Brooks
Brown (CA)
Brown (OH)
Camp
Chapman
Collins (IL)
Cunningham
Deal
DeFazio
Dellums
Dixon
Dornan
Dunn
Edwards (TX)
Engel
Ford (MI)
Ford (TN)
Fowler
Frost
Hall (OH)
Hamilton
Hancock
Herger
Hinchey
Hoekstra
Hunter
Kennedy
Laughlin
Lloyd
Manton
McCloskey
Mollohan
Moran
Paxon
Santorum
Stark
Sundquist
Swett
Towns
Tucker
Velazquez
Washington
Watt
Whitten
Wilson
Zimmer
So the Journal was approved.
Para. 90.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3641. A letter from the Acting General Counsel, Department
of Defense, transmitting a list of congressionally mandated
reports compiled pursuant to section 1151 of the fiscal year
1994 National Defense Authorization Act, pursuant to 10
U.S.C. 113 note; to the Committee on Armed Services.
3642. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a report pursuant
to section 3 of the AECA concerning the unauthorized transfer
of U.S.-origin defense articles, pursuant to 22 U.S.C.
2314(d); to the Committee on Foreign Affairs.
3643. A letter from the Executive Secretary, Federal
Reserve Employee Benefits System, transmitting the pension
plan report for the Federal Reserve Employee Benefits System
for plan year ending December 31, 1993, pursuant to 31 U.S.C.
9503(a)(1)(B); to the Committee on Government Operations.
3644. A letter from the Deputy Associate Director for
Compliance, Department of the Interior, transmitting
notification of proposed refunds of excess royalty payments
in OCS areas, pursuant to 43 U.S.C. 1339(b); to the Committee
on Natural Resources.
3645. A letter from the Deputy Associate Director for
Compliance, Department of the Interior, transmitting
notification of proposed refunds of excess royalty payments
in OCS areas, pursuant to 43 U.S.C. 1339(b); to the Committee
on Natural Resources.
3646. A letter from the Deputy Associate Director for
Compliance, Department of the Interior, transmitting
notification of proposed refunds of excess royalty payments
in OCS areas, pursuant to 43 U.S.C. 1339(b); to the Committee
on Natural Resources.
Para. 90.4 waiving points of order against the conference report on h.r.
3841
Mr. FROST, by direction of the Committee on Rules, called up the
following resolution (H. Res. 505):
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (H.R. 3841) to amend the Bank Holding Company Act of
1956, the Revised Statutes of the United States, and the
Federal Deposit Insurance Act to provide for interstate
banking and branching. All points of order against the
conference report and against its consideration are waived.
The conference report shall be considered as read.
[[Page 1438]]
When said resolution was considered.
After debate,
On motion of Mr. FROST, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 90.5 waiving points of order against the conference report on h.r.
3474
Mr. FROST, by direction of the Committee on Rules, called up the
following resolution (H. Res. 506):
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (H.R. 3474) to reduce administrative requirements for
insured depository institutions to the extent consistent with
safe and sound banking practices, to facilitate the
establishment of community development financial
institutions, and for other purposes. All points of order
against the conference report and against its consideration
are waived. The conference report shall be considered as
read.
When said resolution was considered.
After debate,
On motion of Mr. FROST, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 90.6 interstate banking efficiency
Mr. NEAL of North Carolina, pursuant to House Resolution 505, called
up the following conference report (Rept. No. 103-651):
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
3841), to amend the Bank Holding Company Act of 1956, the
Revised Statutes of the United States, and the Federal
Deposit Insurance Act to provide for interstate banking and
branching, having met, after full and free conference, have
agreed to recommend and do recommend to their respective
Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Riegle-
Neal Interstate Banking and Branching Efficiency Act of
1994''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
TITLE I--INTERSTATE BANKING AND BRANCHING
Sec. 101. Interstate banking.
Sec. 102. Interstate bank mergers.
Sec. 103. State ``opt-in'' election to permit interstate branching
through de novo branches.
Sec. 104. Branching by foreign banks.
Sec. 105. Coordination of examination authority.
Sec. 106. Branch closures.
Sec. 107. Equalizing competitive opportunities for United States and
foreign banks.
Sec. 108. Federal Reserve Board study on bank fees.
Sec. 109. Prohibition against deposit production offices.
Sec. 110. Community Reinvestment Act evaluation of banks with
interstate branches.
Sec. 111. Restatement of existing law.
Sec. 112. GAO report on data collection under interstate branching.
Sec. 113. Maximum interest rate on certain FMHA loans.
Sec. 114. Notice requirements for banking agency decisions preempting
State law.
Sec. 115. Moratorium on examination fees under the International
Banking Act of 1978.
TITLE II--GENERAL PROVISIONS
Sec. 201. Amendments to Federal Deposit Insurance Act and Federal Home
Loan Bank Act.
Sec. 202. Sense of the Senate concerning multilateral export controls.
Sec. 203. Amendments relating to silver medals for Persian Gulf
veterans.
Sec. 204. Commemoration of 1995 Special Olympic World Games.
Sec. 205. National Community Service Commemorative Coins.
Sec. 206. Robert F. Kennedy Memorial Commemorative Coins.
Sec. 207. United States Military Academy Bicentennial Commemorative
Coins.
Sec. 208. United States Botanic Garden Commemorative Coins.
Sec. 209. Mount Rushmore Commemorative Coins.
Sec. 210. Study and report on the United States financial services
system.
Sec. 211. Flexibility in choosing boards of directors.
TITLE I--INTERSTATE BANKING AND BRANCHING
SEC. 101. INTERSTATE BANKING.
(a) In General.--Section 3(d) of the Bank Holding Company
Act of 1956 (12 U.S.C. 1842(d)) is amended to read as
follows:
``(d) Interstate Banking.--
``(1) Approvals authorized.--
``(A) Acquisition of banks.--The Board may approve an
application under this section by a bank holding company that
is adequately capitalized and adequately managed to acquire
control of, or acquire all or substantially all of the assets
of, a bank located in a State other than the home State of
such bank holding company, without regard to whether such
transaction is prohibited under the law of any State.
``(B) Preservation of state age laws.--
``(i) In general.--Notwithstanding subparagraph (A), the
Board may not approve an application pursuant to such
subparagraph that would have the effect of permitting an out-
of-State bank holding company to acquire a bank in a host
State that has not been in existence for the minimum period
of time, if any, specified in the statutory law of the host
State.
``(ii) Special rule for state age laws specifying a period
of more than 5 years.--Notwithstanding clause (i), the Board
may approve, pursuant to subparagraph (A), the acquisition of
a bank that has been in existence for at least 5 years
without regard to any longer minimum period of time specified
in a statutory law of the host State.
``(C) Shell banks.--For purposes of this subsection, a bank
that has been chartered solely for the purpose of, and does
not open for business prior to, acquiring control of, or
acquiring all or substantially all of the assets of, an
existing bank shall be deemed to have been in existence for
the same period of time as the bank to be acquired.
``(D) Effect on state contingency laws.--No provision of
this subsection shall be construed as affecting the
applicability of a State law that makes an acquisition of a
bank contingent upon a requirement to hold a portion of such
bank's assets available for call by a State-sponsored housing
entity established pursuant to State law, if--
``(i) the State law does not have the effect of
discriminating against out-of-State banks, out-of-State bank
holding companies, or subsidiaries of such banks or bank
holding companies;
``(ii) that State law was in effect as of the date of
enactment of the Riegle-Neal Interstate Banking and Branching
Efficiency Act of 1994;
``(iii) the Federal Deposit Insurance Corporation has not
determined that compliance with such State law would result
in an unacceptable risk to the appropriate deposit insurance
fund; and
``(iv) the appropriate Federal banking agency for such bank
has not found that compliance with such State law would place
the bank in an unsafe or unsound condition.
``(2) Concentration limits.--
``(A) Nationwide concentration limits.--The Board may not
approve an application pursuant to paragraph (1)(A) if the
applicant (including all insured depository institutions
which are affiliates of the applicant) controls, or upon
consummation of the acquisition for which such application is
filed would control, more than 10 percent of the total amount
of deposits of insured depository institutions in the United
States.
``(B) Statewide concentration limits other than with
respect to initial entries.--The Board may not approve an
application pursuant to paragraph (1)(A) if--
``(i) immediately before the consummation of the
acquisition for which such application is filed, the
applicant (including any insured depository institution
affiliate of the applicant) controls any insured depository
institution or any branch of an insured depository
institution in the home State of any bank to be acquired or
in any host State in which any such bank maintains a branch;
and
``(ii) the applicant (including all insured depository
institutions which are affiliates of the applicant), upon
consummation of the acquisition, would control 30 percent or
more of the total amount of deposits of insured depository
institutions in any such State.
``(C) Effectiveness of state deposit caps.--No provision of
this subsection shall be construed as affecting the authority
of any State to limit, by statute, regulation, or order, the
percentage of the total amount of deposits of insured
depository institutions in the State which may be held or
controlled by any bank or bank holding company (including all
insured depository institutions which are affiliates of the
bank or bank holding company) to the extent the application
of such limitation does not discriminate against out-of-State
banks, out-of-State bank holding companies, or subsidiaries
of such banks or holding companies.
``(D) Exceptions to subparagraph (b).--The Board may
approve an application pursuant to paragraph (1)(A) without
regard to the applicability of subparagraph (B) with respect
to any State if--
``(i) there is a limitation described in subparagraph (C)
in a State statute, regulation, or order which has the effect
of permitting a bank or bank holding company (including all
insured depository institutions which are affiliates of the
bank or bank holding company) to control a greater percentage
of
[[Page 1439]]
total deposits of all insured depository institutions in the
State than the percentage permitted under subparagraph (B);
or
``(ii) the acquisition is approved by the appropriate State
bank supervisor of such State and the standard on which such
approval is based does not have the effect of discriminating
against out-of-State banks, out-of-State bank holding
companies, or subsidiaries of such banks or holding
companies.
``(E) Deposit defined.--For purposes of this paragraph, the
term `deposit' has the same meaning as in section 3(l) of the
Federal Deposit Insurance Act.
``(3) Community reinvestment compliance.--In determining
whether to approve an application under paragraph (1)(A), the
Board shall--
``(A) comply with the responsibilities of the Board
regarding such application under section 804 of the Community
Reinvestment Act of 1977; and
``(B) take into account the applicant's record of
compliance with applicable State community reinvestment laws.
``(4) Applicability of antitrust laws.--No provision of
this subsection shall be construed as affecting--
``(A) the applicability of the antitrust laws; or
``(B) the applicability, if any, of any State law which is
similar to the antitrust laws.
``(5) Exception for banks in default or in danger of
default.--The Board may approve an application pursuant to
paragraph (1)(A) which involves--
``(A) an acquisition of 1 or more banks in default or in
danger of default; or
``(B) an acquisition with respect to which assistance is
provided under section 13(c) of the Federal Deposit Insurance
Act;
without regard to subparagraph (B) or (D) of paragraph (1) or
paragraph (2) or (3).''.
(b) State Taxation Authority Not Affected.--Section 7 of
the Bank Holding Company Act of 1956 (12 U.S.C. 1846) is
amended--
(1) by striking ``No provision'' and inserting ``(a) In
General.--No provision''; and
(2) by adding at the end the following new subsection:
``(b) State Taxation Authority Not Affected.--No provision
of this Act shall be construed as affecting the authority of
any State or political subdivision of any State to adopt,
apply, or administer any tax or method of taxation to any
bank, bank holding company, or foreign bank, or any affiliate
of any bank, bank holding company, or foreign bank, to the
extent that such tax or tax method is otherwise permissible
by or under the Constitution of the United States or other
Federal law.''.
(c) Definitions.--Section 2 of the Bank Holding Company Act
of 1956 (12 U.S.C. 1841) is amended by adding at the end the
following new subsections:
``(n) Incorporated Definitions.--For purposes of this Act,
the terms `insured depository institution', `appropriate
Federal banking agency', `default', `in danger of default',
and `State bank supervisor' have the same meanings as in
section 3 of the Federal Deposit Insurance Act.
``(o) Other Definitions.--For purposes of this Act, the
following definitions shall apply:
``(1) Adequately capitalized.--The term `adequately
capitalized' means a level of capitalization which meets or
exceeds all applicable Federal regulatory capital standards.
``(2) Antitrust laws.--Except as provided in section 11,
the term `antitrust laws'--
``(A) has the same meaning as in subsection (a) of the
first section of the Clayton Act; and
``(B) includes section 5 of the Federal Trade Commission
Act to the extent that such section 5 relates to unfair
methods of competition.
``(3) Branch.--The term `branch' means a domestic branch
(as defined in section 3 of the Federal Deposit Insurance
Act).
``(4) Home state.--The term `home State' means--
``(A) with respect to a national bank, the State in which
the main office of the bank is located;
``(B) with respect to a State bank, the State by which the
bank is chartered; and
``(C) with respect to a bank holding company, the State in
which the total deposits of all banking subsidiaries of such
company are the largest on the later of--
``(i) July 1, 1966; or
``(ii) the date on which the company becomes a bank holding
company under this Act.
``(5) Host state.--The term `host State' means--
``(A) with respect to a bank, a State, other than the home
State of the bank, in which the bank maintains, or seeks to
establish and maintain, a branch; and
``(B) with respect to a bank holding company, a State,
other than the home State of the company, in which the
company controls, or seeks to control, a bank subsidiary.
``(6) Out-of-state bank.--The term `out-of-State bank'
means, with respect to any State, a bank whose home State is
another State.
``(7) Out-of-state bank holding company.--The term `out-of-
State bank holding company' means, with respect to any State,
a bank holding company whose home State is another State.''.
(d) Subsidiary Depository Institutions as Agents.--Section
18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is
amended by adding at the end the following new subsection:
``(r) Subsidiary Depository Institutions as Agents for
Certain Affiliates.--
``(1) In general.--Any bank subsidiary of a bank holding
company may receive deposits, renew time deposits, close
loans, service loans, and receive payments on loans and other
obligations as an agent for a depository institution
affiliate.
``(2) Bank acting as agent is not a branch.--
Notwithstanding any other provision of law, a bank acting as
an agent in accordance with paragraph (1) for a depository
institution affiliate shall not be considered to be a branch
of the affiliate.
``(3) Prohibitions on activities.--A depository institution
may not--
``(A) conduct any activity as an agent under paragraph (1)
or (6) which such institution is prohibited from conducting
as a principal under any applicable Federal or State law; or
``(B) as a principal, have an agent conduct any activity
under paragraph (1) or (6) which the institution is
prohibited from conducting under any applicable Federal or
State law.
``(4) Existing authority not affected.--No provision of
this subsection shall be construed as affecting--
``(A) the authority of any depository institution to act as
an agent on behalf of any other depository institution under
any other provision of law; or
``(B) whether a depository institution which conducts any
activity as an agent on behalf of any other depository
institution under any other provision of law shall be
considered to be a branch of such other institution.
``(5) Agency relationship required to be consistent with
safe and sound banking practices.--An agency relationship
between depository institutions under paragraph (1) or (6)
shall be on terms that are consistent with safe and sound
banking practices and all applicable regulations of any
appropriate Federal banking agency.
``(6) Affiliated insured savings associations.--An insured
savings association which was an affiliate of a bank on July
1, 1994, may conduct activities as an agent on behalf of such
bank in the same manner as an insured bank affiliate of such
bank may act as agent for such bank under this subsection to
the extent such activities are conducted only in--
``(A) any State in which--
``(i) the bank is not prohibited from operating a branch
under any provision of Federal or State law; and
``(ii) the savings association maintained an office or
branch and conducted business as of July 1, 1994; or
``(B) any State in which--
``(i) the bank is not expressly prohibited from operating a
branch under a State law described in section 44(a)(2); and
``(ii) the savings association maintained a main office and
conducted business as of July 1, 1994.''.
(e) Effective Date.--The amendments made by this section
shall take effect at the end of the 1-year period beginning
on the date of the enactment of this Act.
SEC. 102. INTERSTATE BANK MERGERS.
(a) In General.--The Federal Deposit Insurance Act (12
U.S.C. 1811 et seq.) is amended by adding at the end the
following new section:
``SEC. 44. INTERSTATE BANK MERGERS.
``(a) Approval of Interstate Merger Transactions
Authorized.--
``(1) In general.--Beginning on June 1, 1997, the
responsible agency may approve a merger transaction under
section 18(c) between insured banks with different home
States, without regard to whether such transaction is
prohibited under the law of any State.
``(2) State election to prohibit interstate merger
transactions.--
``(A) In general.--Notwithstanding paragraph (1), a merger
transaction may not be approved pursuant to paragraph (1) if
the transaction involves a bank the home State of which has
enacted a law after the date of enactment of the Riegle-Neal
Interstate Banking and Branching Efficiency Act of 1994 and
before June 1, 1997, that--
``(i) applies equally to all out-of-State banks; and
``(ii) expressly prohibits merger transactions involving
out-of-State banks.
``(B) No effect on prior approvals of merger
transactions.--A law enacted by a State pursuant to
subparagraph (A) shall have no effect on merger transactions
that were approved before the effective date of such law.
``(3) State election to permit early interstate merger
transactions.--
``(A) In general.--A merger transaction may be approved
pursuant to paragraph (1) before June 1, 1997, if the home
State of each bank involved in the transaction has in effect,
as of the date of the approval of such transaction, a law
that--
``(i) applies equally to all out-of-State banks; and
``(ii) expressly permits interstate merger transactions
with all out-of-State banks.
``(B) Certain conditions allowed.--A host State may impose
conditions on a branch within such State of a bank resulting
from an interstate merger transaction if--
``(i) the conditions do not have the effect of
discriminating against out-of-State banks, out-of-State bank
holding companies, or any subsidiary of such bank or company
(other than on the basis of a nationwide reciprocal treatment
requirement);
``(ii) the imposition of the conditions is not preempted by
Federal law; and
``(iii) the conditions do not apply or require performance
after May 31, 1997.
[[Page 1440]]
``(4) Interstate merger transactions involving acquisitions
of branches.--
``(A) In general.--An interstate merger transaction may
involve the acquisition of a branch of an insured bank
without the acquisition of the bank only if the law of the
State in which the branch is located permits out-of-State
banks to acquire a branch of a bank in such State without
acquiring the bank.
``(B) Treatment of branch for purposes of this section.--In
the case of an interstate merger transaction which involves
the acquisition of a branch of an insured bank without the
acquisition of the bank, the branch shall be treated, for
purposes of this section, as an insured bank the home State
of which is the State in which the branch is located.
``(5) Preservation of state age laws.--
``(A) In general.--The responsible agency may not approve
an application pursuant to paragraph (1) that would have the
effect of permitting an out-of-State bank or out-of-State
bank holding company to acquire a bank in a host State that
has not been in existence for the minimum period of time, if
any, specified in the statutory law of the host State.
``(B) Special rule for state age laws specifying a period
of more than 5 years.--Notwithstanding subparagraph (A), the
responsible agency may approve a merger transaction pursuant
to paragraph (1) involving the acquisition of a bank that has
been existence at least 5 years without regard to any longer
minimum period of time specified in a statutory law of the
host State.
``(6) Shell banks.--For purposes of this subsection, a bank
that has been chartered solely for the purpose of, and does
not open for business prior to, acquiring control of, or
acquiring all or substantially all of the assets of, an
existing bank or branch shall be deemed to have been in
existence for the same period of time as the bank or branch
to be acquired.
``(b) Provisions Relating to Application and Approval
Process.--
``(1) Compliance with state filing requirements.--
``(A) In general.--Any bank which files an application for
an interstate merger transaction shall--
``(i) comply with the filing requirements of any host State
of the bank which will result from such transaction to the
extent that the requirement--
``(I) does not have the effect of discriminating against
out-of-State banks or out-of-State bank holding companies or
subsidiaries of such banks or bank holding companies; and
``(II) is similar in effect to any requirement imposed by
the host State on a nonbanking corporation incorporated in
another State that engages in business in the host State; and
``(ii) submit a copy of the application to the State bank
supervisor of the host State.
``(B) Penalty for failure to comply.--The responsible
agency may not approve an application for an interstate
merger transaction if the applicant materially fails to
comply with subparagraph (A).
``(2) Concentration limits.--
``(A) Nationwide concentration limits.--The responsible
agency may not approve an application for an interstate
merger transaction if the resulting bank (including all
insured depository institutions which are affiliates of the
resulting bank), upon consummation of the transaction, would
control more than 10 percent of the total amount of deposits
of insured depository institutions in the United States.
``(B) Statewide concentration limits other than with
respect to initial entries.--The responsible agency may not
approve an application for an interstate merger transaction
if--
``(i) any bank involved in the transaction (including all
insured depository institutions which are affiliates of any
such bank) has a branch in any State in which any other bank
involved in the transaction has a branch; and
``(ii) the resulting bank (including all insured depository
institutions which would be affiliates of the resulting
bank), upon consummation of the transaction, would control 30
percent or more of the total amount of deposits of insured
depository institutions in any such State.
``(C) Effectiveness of state deposit caps.--No provision of
this subsection shall be construed as affecting the authority
of any State to limit, by statute, regulation, or order, the
percentage of the total amount of deposits of insured
depository institutions in the State which may be held or
controlled by any bank or bank holding company (including all
insured depository institutions which are affiliates of the
bank or bank holding company) to the extent the application
of such limitation does not discriminate against out-of-State
banks, out-of-State bank holding companies, or subsidiaries
of such banks or holding companies.
``(D) Exceptions to subparagraph (b).--The responsible
agency may approve an application for an interstate merger
transaction pursuant to subsection (a) without regard to the
applicability of subparagraph (B) with respect to any State
if--
``(i) there is a limitation described in subparagraph (C)
in a State statute, regulation, or order which has the effect
of permitting a bank or bank holding company (including all
insured depository institutions which are affiliates of the
bank or bank holding company) to control a greater percentage
of total deposits of all insured depository institutions in
the State than the percentage permitted under subparagraph
(B); or
``(ii) the transaction is approved by the appropriate State
bank supervisor of such State and the standard on which such
approval is based does not have the effect of discriminating
against out-of-State banks, out-of-State bank holding
companies, or subsidiaries of such banks or holding
companies.
``(E) Exception for certain banks.--This paragraph shall
not apply with respect to any interstate merger transaction
involving only affiliated banks.
``(3) Community reinvestment compliance.--In determining
whether to approve an application for an interstate merger
transaction in which the resulting bank would have a branch
or bank affiliate immediately following the transaction in
any State in which the bank submitting the application (as
the acquiring bank) had no branch or bank affiliate
immediately before the transaction, the responsible agency
shall--
``(A) comply with the responsibilities of the agency
regarding such application under section 804 of the Community
Reinvestment Act of 1977;
``(B) take into account the most recent written evaluation
under section 804 of the Community Reinvestment Act of 1977
of any bank which would be an affiliate of the resulting
bank; and
``(C) take into account the record of compliance of any
applicant bank with applicable State community reinvestment
laws.
``(4) Adequacy of capital and management skills.--The
responsible agency may approve an application for an
interstate merger transaction pursuant to subsection (a) only
if--
``(A) each bank involved in the transaction is adequately
capitalized as of the date the application is filed; and
``(B) the responsible agency determines that the resulting
bank will continue to be adequately capitalized and
adequately managed upon the consummation of the transaction.
``(5) Surrender of charter after merger transaction.--The
charters of all banks involved in an interstate merger
transaction, other than the charter of the resulting bank,
shall be surrendered, upon request, to the Federal banking
agency or State bank supervisor which issued the charter.
``(c) Applicability of Certain Laws to Interstate Banking
Operations.--
``(1) State taxation authority not affected.--
``(A) In general.--No provision of this section shall be
construed as affecting the authority of any State or
political subdivision of any State to adopt, apply, or
administer any tax or method of taxation to any bank, bank
holding company, or foreign bank, or any affiliate of any
bank, bank holding company, or foreign bank, to the extent
such tax or tax method is otherwise permissible by or under
the Constitution of the United States or other Federal law.
``(B) Imposition of shares tax by host states.--In the case
of a branch of an out-of-State bank which results from an
interstate merger transaction, a proportionate amount of the
value of the shares of the out-of-State bank may be subject
to any bank shares tax levied or imposed by the host State,
or any political subdivision of such host State that imposes
such tax based upon a method adopted by the host State, which
may include allocation and apportionment.
``(2) Applicability of antitrust laws.--No provision of
this section shall be construed as affecting--
``(A) the applicability of the antitrust laws; or
``(B) the applicability, if any, of any State law which is
similar to the antitrust laws.
``(3) Reservation of certain rights to states.--No
provision of this section shall be construed as limiting in
any way the right of a State to--
``(A) determine the authority of State banks chartered by
that State to establish and maintain branches; or
``(B) supervise, regulate, and examine State banks
chartered by that State.
``(4) State-imposed notice requirements.--A host State may
impose any notification or reporting requirement on a branch
of an out-of-State bank if the requirement--
``(A) does not discriminate against out-of-State banks or
bank holding companies; and
``(B) is not preempted by any Federal law regarding the
same subject.
``(d) Operations of the Resulting Bank.--
``(1) Continued operations.--A resulting bank may, subject
to the approval of the appropriate Federal banking agency,
retain and operate, as a main office or a branch, any office
that any bank involved in an interstate merger transaction
was operating as a main office or a branch immediately before
the merger transaction.
``(2) Additional branches.--Following the consummation of
any interstate merger transaction, the resulting bank may
establish, acquire, or operate additional branches at any
location where any bank involved in the transaction could
have established, acquired, or operated a branch under
applicable Federal or State law if such bank had not been a
party to the merger transaction.
``(3) Certain conditions and commitments continued.--If, as
a condition for the acquisition of a bank by an out-of-State
bank holding company before the date of the enactment of the
Riegle-Neal Interstate Banking and Branching Efficiency Act
of 1994--
``(A) the home State of the acquired bank imposed
conditions on such acquisition by such out-of-State bank
holding company; or
``(B) the bank holding company made commitments to such
State in connection with the acquisition,
[[Page 1441]]
the State may enforce such conditions and commitments with
respect to such bank holding company or any affiliated
successor company which controls a bank or branch in such
State as a result of an interstate merger transaction to the
same extent as the State could enforce such conditions or
commitments against the bank holding company before the
consummation of the merger transaction.
``(e) Exception for Banks in Default or in Danger of
Default.--If an application under subsection (a)(1) for
approval of a merger transaction which involves 1 or more
banks in default or in danger of default or with respect to
which the Corporation provides assistance under section
13(c), the responsible agency may approve such application
without regard to subsection (b), or paragraph (2), (4), or
(5) of subsection (a).
``(f) Definitions.--For purposes of this section, the
following definitions shall apply:
``(1) Adequately capitalized.--The term `adequately
capitalized' has the same meaning as in section 38.
``(2) Antitrust laws.--The term `antitrust laws'--
``(A) has the same meaning as in subsection (a) of the
first section of the Clayton Act; and
``(B) includes section 5 of the Federal Trade Commission
Act to the extent such section 5 relates to unfair methods of
competition.
``(3) Branch.--The term `branch' means any domestic branch.
``(4) Home state.--The term `home State'--
``(A) means--
``(i) with respect to a national bank, the State in which
the main office of the bank is located; and
``(ii) with respect to a State bank, the State by which the
bank is chartered; and
``(B) with respect to a bank holding company, has the same
meaning as in section 2(o)(4) of the Bank Holding Company Act
of 1956.
``(5) Host state.--The term `host State' means, with
respect to a bank, a State, other than the home State of the
bank, in which the bank maintains, or seeks to establish and
maintain, a branch.
``(6) Interstate merger transaction.--The term `interstate
merger transaction' means any merger transaction approved
pursuant to subsection (a)(1).
``(7) Merger transaction.--The term `merger transaction'
has the meaning determined under section 18(c)(3).
``(8) Out-of-state bank.--The term `out-of-State bank'
means, with respect to any State, a bank whose home State is
another State.
``(9) Out-of-state bank holding company.--The term `out-of-
State bank holding company' means, with respect to any State,
a bank holding company whose home State is another State.
``(10) Responsible agency.--The term `responsible agency'
means the agency determined in accordance with section
18(c)(2) with respect to a merger transaction.
``(11) Resulting bank.--The term `resulting bank' means a
bank that has resulted from an interstate merger transaction
under this section.''.
(b) Technical and Conforming Amendments.--
(1) Revised statutes.--Section 5155 of the Revised Statutes
(12 U.S.C. 36) is amended--
(A) by redesignating subsections (d) through (h) as
subsections (h) through (l), respectively; and
(B) by inserting after subsection (c) the following new
subsections:
``(d) Branches Resulting From Interstate Merger
Transactions.--A national bank resulting from an interstate
merger transaction (as defined in section 44(f)(6) of the
Federal Deposit Insurance Act) may maintain and operate a
branch in a State other than the home State (as defined in
subsection (g)(3)(B)) of such bank in accordance with section
44 of the Federal Deposit Insurance Act.
``(e) Exclusive Authority for Additional Branches.--
``(1) In general.--Effective June 1, 1997, a national bank
may not acquire, establish, or operate a branch in any State
other than the bank's home State (as defined in subsection
(g)(3)(B)) or a State in which the bank already has a branch
unless the acquisition, establishment, or operation of such
branch in such State by such national bank is authorized
under this section or section 13(f), 13(k), or 44 of the
Federal Deposit Insurance Act.
``(2) Retention of branches.--In the case of a national
bank which relocates the main office of such bank from 1
State to another State after May 31, 1997, the bank may
retain and operate branches within the State which was the
bank's home State (as defined in subsection (g)(3)(B)) before
the relocation of such office only to the extent the bank
would be authorized, under this section or any other
provision of law referred to in paragraph (1), to acquire,
establish, or commence to operate a branch in such State if--
``(A) the bank had no branches in such State; or
``(B) the branch resulted from--
``(i) an interstate merger transaction approved pursuant to
section 44 of the Federal Deposit Insurance Act; or
``(ii) a transaction after May 31, 1997, pursuant to which
the bank received assistance from the Federal Deposit
Insurance Corporation under section 13(c) of such Act.
``(f) Law Applicable to Interstate Branching Operations.--
``(1) Law applicable to national bank branches.--
``(A) In general.--The laws of the host State regarding
community reinvestment, consumer protection, fair lending,
and establishment of intrastate branches shall apply to any
branch in the host State of an out-of-State national bank to
the same extent as such State laws apply to a branch of a
bank chartered by that State, except--
``(i) when Federal law preempts the application of such
State laws to a national bank; or
``(ii) when the Comptroller of the Currency determines that
the application of such State laws would have a
discriminatory effect on the branch in comparison with the
effect the application of such State laws would have with
respect to branches of a bank chartered by the host State.
``(B) Enforcement of applicable state laws.--The provisions
of any State law to which a branch of a national bank is
subject under this paragraph shall be enforced, with respect
to such branch, by the Comptroller of the Currency.
``(2) Treatment of branch as bank.--All laws of a host
State, other than the laws regarding community reinvestment,
consumer protection, fair lending, establishment of
intrastate branches, and the application or administration of
any tax or method of taxation, shall apply to a branch (in
such State) of an out-of-State national bank to the same
extent as such laws would apply if the branch were a national
bank the main office of which is in such State.
``(3) Rule of construction.--No provision of this
subsection may be construed as affecting the legal standards
for preemption of the application of State law to national
banks.''.
(2) Act of may 1, 1886.--Section 2 of the Act entitled ``An
Act to enable national banking associations to increase their
capital stock and to change their names and locations.'' and
approved May 1, 1886 (12 U.S.C. 30) is amended by adding at
the end the following new subsection:
``(c) Coordination With Revised Statutes.--In the case of a
national bank which relocates the main office of such bank
from 1 State to another State after May 31, 1997, the bank
may retain and operate branches within the State from which
the bank relocated such office only to the extent authorized
in section 5155(e)(2) of the Revised Statutes.''.
(3) Federal deposit insurance act.--
(A) Exclusive authority for additional branches of state
nonmember banks.--Section 18(d) of the Federal Deposit
Insurance Act (12 U.S.C. 1828(d)) is amended by adding at the
end the following new paragraph:
``(3) Exclusive authority for additional branches.--
``(A) In general.--Effective June 1, 1997, a State
nonmember bank may not acquire, establish, or operate a
branch in any State other than the bank's home State (as
defined in section 44(f)(4)) or a State in which the bank
already has a branch unless the acquisition, establishment,
or operation of a branch in such State by a State nonmember
bank is authorized under this subsection or section 13(f),
13(k), or 44.
``(B) Retention of branches.--In the case of a State
nonmember bank which relocates the main office of such bank
from 1 State to another State after May 31, 1997, the bank
may retain and operate branches within the State which was
the bank's home State (as defined in section 44(f)(4)) before
the relocation of such office only to the extent the bank
would be authorized, under this section or any other
provision of law referred to in subparagraph (A), to acquire,
establish, or commence to operate a branch in such State if--
``(i) the bank had no branches in such State; or
``(ii) the branch resulted from--
``(I) an interstate merger transaction approved pursuant to
section 44; or
``(II) a transaction after May 31, 1997, pursuant to which
the bank received assistance from the Corporation under
section 13(c).''.
(B) Activities of branches of state banks resulting from
interstate merger transactions.--Section 24 of the Federal
Deposit Insurance Act (12 U.S.C. 1831a) is amended by adding
at the end the following new subsection:
``(j) Activities of Branches of Out-of-State Banks.--
``(1) In general.--The laws of a host State, including laws
regarding community reinvestment, consumer protection, fair
lending, and establishment of intrastate branches, shall
apply to any branch in the host State of an out-of-State
State bank to the same extent as such State laws apply to a
branch of a bank chartered by that State.
``(2) Activities of branches.--An insured State bank that
establishes a branch in a host State may not conduct any
activity at such branch that is not permissible for a bank
chartered by the host State.
``(3) Definitions.--The terms `host State', `interstate
merger transaction', and ''out-of-State bank' have the same
meanings as in section 44(f).''.
(4) Act of november 7, 1918.--The Act entitled ``An Act to
provide for the consolidation of the national banking
associations.'' and approved November 7, 1918, (12 U.S.C. 215
et seq.) is amended--
(A) by redesignating section 2 as section 3;
(B) by redesignating section 3 as section 5;
(C) in the 1st section, by striking ``That (a) any national
banking association'' and inserting the following:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `National Bank Consolidation
and Merger Act'.
[[Page 1442]]
``SEC. 2. CONSOLIDATION OF BANKS WITHIN THE SAME STATE.
``(a) In General.--Any national bank''; and
(D) by inserting after section 3 (as so redesignated under
subparagraph (A) of this paragraph) the following new
section:
``SEC. 4. INTERSTATE CONSOLIDATIONS AND MERGERS.
``(a) In General.--A national bank may engage in a
consolidation or merger under this Act with an out-of-State
bank if the consolidation or merger is approved pursuant to
section 44 of the Federal Deposit Insurance Act.
``(b) Scope of Application.--Subsection (a) shall not apply
with respect to any consolidation or merger before June 1,
1997, unless the home State of each bank involved in the
transaction has in effect a law described in section 44(a)(3)
of the Federal Deposit Insurance Act.
``(c) Definitions.--The terms `home State' and `out-of-
State bank' have the same meaning as in section 44(f) of the
Federal Deposit Insurance Act.''.
(5) Home owners' loan act.--Section 3 of the Home Owners'
Loan Act (12 U.S.C. 1462a) is amended--
(A) by redesignating subsections (f) through (i) as
subsections (g) through (j), respectively; and
(B) by inserting after subsection (e), the following new
subsection:
``(f) State Homestead Provisions.--No provision of this Act
or any other provision of law administered by the Director
shall be construed as superseding any homestead provision of
any State constitution, including any implementing State
statute, in effect on the date of enactment of the Riegle-
Neal Interstate Banking and Branching Efficiency Act of 1994,
or any subsequent amendment to such a State constitutional or
statutory provision in effect on such date, that exempts the
homestead of any person from foreclosure, or forced sale, for
the payment of all debts, other than a purchase money
obligation relating to the homestead, taxes due on the
homestead, or an obligation arising from work and material
used in constructing improvements on the homestead.''.
SEC. 103. STATE ``OPT-IN'' ELECTION TO PERMIT INTERSTATE
BRANCHING THROUGH DE NOVO BRANCHES.
(a) National Banks.--Section 5155 of the Revised Statutes
(12 U.S.C. 36) is amended by inserting after subsection (f)
(as added by section 102(b)) the following new subsection:
``(g) State `Opt-In' Election To Permit Interstate
Branching Through De Novo Branches.--
``(1) In general.--Subject to paragraph (2), the
Comptroller of the Currency may approve an application by a
national bank to establish and operate a de novo branch in a
State (other than the bank's home State) in which the bank
does not maintain a branch if--
``(A) there is in effect in the host State a law that--
``(i) applies equally to all banks; and
``(ii) expressly permits all out-of-State banks to
establish de novo branches in such State; and
``(B) the conditions established in, or made applicable to
this paragraph by, paragraph (2) are met.
``(2) Conditions on establishment and operation of
interstate branch.--
``(A) Establishment.--An application by a national bank to
establish and operate a de novo branch in a host State shall
be subject to the same requirements and conditions to which
an application for an interstate merger transaction is
subject under paragraphs (1), (3), and (4) of section 44(b)
of the Federal Deposit Insurance Act.
``(B) Operation.--Subsections (c) and (d)(2) of section 44
of the Federal Deposit Insurance Act shall apply with respect
to each branch of a national bank which is established and
operated pursuant to an application approved under this
subsection in the same manner and to the same extent such
provisions of such section 44 apply to a branch of a national
bank which resulted from an interstate merger transaction
approved pursuant to such section 44.
``(3) Definitions.--The following definitions shall apply
for purposes of this section:
``(A) De novo branch.--The term `de novo branch' means a
branch of a national bank which--
``(i) is originally established by the national bank as a
branch; and
``(ii) does not become a branch of such bank as a result
of--
``(I) the acquisition by the bank of an insured depository
institution or a branch of an insured depository institution;
or
``(II) the conversion, merger, or consolidation of any such
institution or branch.
``(B) Home state.--The term `home State' means the State in
which the main office of a national bank is located.
``(C) Host state.--The term `host State' means, with
respect to a bank, a State, other than the home State of the
bank, in which the bank maintains, or seeks to establish and
maintain, a branch.''.
(b) State Banks.--Section 18(d) of the Federal Deposit
Insurance Act (12 U.S.C. 1828(d)) is amended by inserting
after paragraph (3) (as added by section 102(b)(3) of this
title) the following new paragraph:
``(4) State `opt-in' election to permit interstate
branching through de novo branches.--
``(A) In general.--Subject to subparagraph (B), the
Corporation may approve an application by an insured State
nonmember bank to establish and operate a de novo branch in a
State (other than the bank's home State) in which the bank
does not maintain a branch if--
``(i) there is in effect in the host State a law that--
``(I) applies equally to all banks; and
``(II) expressly permits all out-of-State banks to
establish de novo branches in such State; and
``(ii) the conditions established in, or made applicable to
this paragraph by, subparagraph (B) are met.
``(B) Conditions on establishment and operation of
interstate branch.--
``(i) Establishment.--An application by an insured State
nonmember bank to establish and operate a de novo branch in a
host State shall be subject to the same requirements and
conditions to which an application for a merger transaction
is subject under paragraphs (1), (3), and (4) of section
44(b).
``(ii) Operation.--Subsections (c) and (d)(2) of section 44
shall apply with respect to each branch of an insured State
nonmember bank which is established and operated pursuant to
an application approved under this paragraph in the same
manner and to the same extent such provisions of such section
apply to a branch of a State bank which resulted from a
merger transaction under such section 44.
``(C) De novo branch defined.--For purposes of this
paragraph, the term `de novo branch' means a branch of a
State bank which--
``(i) is originally established by the State bank as a
branch; and
``(ii) does not become a branch of such bank as a result
of--
``(I) the acquisition by the bank of an insured depository
institution or a branch of an insured depository institution;
or
``(II) the conversion, merger, or consolidation of any such
institution or branch.
``(D) Home state defined.--The term `home State' means the
State by which a State bank is chartered.
``(E) Host state defined.--The term `host State' means,
with respect to a bank, a State, other than the home State of
the bank, in which the bank maintains, or seeks to establish
and maintain, a branch.''.
SEC. 104. BRANCHING BY FOREIGN BANKS.
(a) In General.--Section 5(a) of the International Banking
Act of 1978 (12 U.S.C. 3103(a)) is amended to read as
follows:
``(a) Interstate Branching and Agency Operations.--
``(1) Federal branch or agency.--Subject to the provisions
of this Act and with the prior written approval by the Board
and the Comptroller of the Currency of an application, a
foreign bank may establish and operate a Federal branch or
agency in any State outside the home State of such foreign
bank to the extent that the establishment and operation of
such branch would be permitted under section 5155(g) of the
Revised Statutes or section 44 of the Federal Deposit
Insurance Act if the foreign bank were a national bank whose
home State is the same State as the home State of the foreign
bank.
``(2) State branch or agency.--Subject to the provisions of
this Act and with the prior written approval by the Board and
the appropriate State bank supervisor of an application, a
foreign bank may establish and operate a State branch or
agency in any State outside the home State of such foreign
bank to the extent that such establishment and operation
would be permitted under section 18(d)(4) or 44 of the
Federal Deposit Insurance Act if the foreign bank were a
State bank whose home State is the same State as the home
State of the foreign bank.
``(3) Criteria for determination.--In approving an
application under paragraph (1) or (2), the Board and (in the
case of an application under paragraph (1)) the Comptroller
of the Currency--
``(A) shall apply the standards applicable to the
establishment of a foreign bank office in the United States
under section 7(d);
``(B) may not approve an application unless the Board and
(in the case of an application under paragraph (1)) the
Comptroller of the Currency--
``(i) determine that the foreign bank's financial
resources, including the capital level of the bank, are
equivalent to those required for a domestic bank to be
approved for branching under section 5155 of the Revised
Statutes and section 44 of the Federal Deposit Insurance Act;
and
``(ii) consult with the Secretary of the Treasury regarding
capital equivalency; and
``(C) shall apply the same requirements and conditions to
which an application for an interstate merger transaction is
subject under paragraphs (1), (3), and (4) of section 44(b)
of the Federal Deposit Insurance Act.
``(4) Operation.--Subsections (c) and (d)(2) of section 44
of the Federal Deposit Insurance Act shall apply with respect
to each branch and agency of a foreign bank which is
established and operated pursuant to an application approved
under this subsection in the same manner and to the same
extent such provisions of such section apply to a domestic
branch of a national or State bank (as such terms are defined
in section 3 of such Act) which resulted from a merger
transaction under such section 44.
``(5) Exclusive authority for additional branches.--Except
as provided in this section, a foreign bank may not, directly
or indirectly, acquire, establish, or operate a branch or
agency in any State other than the home State of such bank.
``(6) Requirement for a separate subsidiary.--If the Board
or the Comptroller of the Currency, taking into account
differing regu-
[[Page 1443]]
latory or accounting standards, finds that adherence by a
foreign bank to capital requirements equivalent to those
imposed under section 5155 of the Revised Statutes and
section 44 of the Federal Deposit Insurance Act could be
verified only if the banking activities of such bank in the
United States are carried out in a domestic banking
subsidiary within the United States, the Board and (in the
case of an application under paragraph (1)) the Comptroller
of the Currency may approve an application under paragraph
(1) or (2) subject to a requirement that the foreign bank or
company controlling the foreign bank establish a domestic
banking subsidiary in the United States.
``(7) Additional authority for interstate branches and
agencies of foreign banks.--Notwithstanding paragraphs (1)
and (2), a foreign bank may, with the approval of the Board
and the Comptroller of the Currency, establish and operate a
Federal branch or Federal agency or, with the approval of the
Board and the appropriate State bank supervisor, a State
branch or State agency in any State outside the foreign
bank's home State if--
``(A) the establishment and operation of a branch or agency
is expressly permitted by the State in which the branch or
agency is to be established; and
``(B) in the case of a Federal or State branch, the branch
receives only such deposits as would be permissible for a
corporation organized under section 25A of the Federal
Reserve Act.
``(9) Home state of domestic bank defined.--For purposes of
this subsection, the term `home State' means--
``(A) with respect to a national bank, the State in which
the main office of the bank is located; and
``(B) with respect to a State bank, the State by which the
bank is chartered.''.
(b) Continued Authority for Limited Branches, Agencies, or
Commercial Lending Companies.--Section 5(b) of the
International Banking Act of 1978 (12 U.S.C. 3103(b)) is
amended by adding at the end the following new sentence:
``Notwithstanding subsection (a), a foreign bank may continue
to operate, after the enactment of the Riegle-Neal Interstate
Banking and Branching Efficiency Act of 1994, any Federal
branch, State branch, Federal agency, State agency, or
commercial lending company subsidiary which such bank was
operating on the day before the date of the enactment of such
Act to the extent the branch, agency, or subsidiary
continues, after the enactment of such Act, to engage in
operations which were lawful under the laws in effect on the
day before such date.''.
(c) Clarification of Branching Rules in the Case of a
Foreign Bank With a Domestic Bank Subsidiary.--Section 5 of
the International Banking Act of 1978 (12 U.S.C. 3103) is
amended by adding at the end the following new subsection:
``(d) Clarification of Branching Rules in the Case of a
Foreign Bank With a Domestic Bank Subsidiary.--In the case of
a foreign bank that has a domestic bank subsidiary within the
United States--
``(1) the fact that such bank controls a domestic bank
shall not affect the authority of the foreign bank to
establish Federal and State branches or agencies to the
extent permitted under subsection (a); and
``(2) the fact that the domestic bank is controlled by a
foreign bank which has Federal or State branches or agencies
in States other than the home State of such domestic bank
shall not affect the authority of the domestic bank to
establish branches outside the home State of the domestic
bank to the extent permitted under section 5155(g) of the
Revised Statutes or section 18(d)(4) or 44 of
the Federal Deposit Insurance Act, as the case may be.''.
(d) Home State Determinations.--Section 5(c) of the
International Banking Act of 1978 (12 U.S.C. 3103(c)) is
amended to read as follows:
``(c) Determination of Home State of Foreign Bank.--For the
purposes of this section--
``(1) in the case of a foreign bank that has any branch,
agency, subsidiary commercial lending company, or subsidiary
bank in more than 1 State, the home State of the foreign bank
is the 1 State of such States which is selected to be the
home State by the foreign bank or, in default of any such
selection, by the Board; and
``(2) in the case of a foreign bank that does not have a
branch, agency, subsidiary commercial lending company, or
subsidiary bank in more than 1 State, the home State of the
foreign bank is the State in which the foreign bank has a
branch, agency, subsidiary commercial lending company, or
subsidiary bank.''.
SEC. 105. COORDINATION OF EXAMINATION AUTHORITY.
Section 10 of the Federal Deposit Insurance Act (12 U.S.C.
1820) is amended by inserting after subsection (g) the
following new subsection:
``(h) Coordination of Examination Authority.--
``(1) In general.--The appropriate State bank supervisor of
a host State may examine a branch operated in such State by
an out-of-State insured State bank that resulted from an
interstate merger transaction approved under section 44 or a
branch established in such State pursuant to section 5155(g)
of the Revised Statutes or section 18(d)(4)--
``(A) for the purpose of determining compliance with host
State laws, including those that govern banking, community
reinvestment, fair lending, consumer protection, and
permissible activities; and
``(B) to ensure that the activities of the branch are not
conducted in an unsafe or unsound manner.
``(2) Enforcement.--If the State bank supervisor of a host
State determines that there is a violation of the law of the
host State concerning the activities being conducted by a
branch described in paragraph (1) or that the branch is being
operated in an unsafe and unsound manner, the State bank
supervisor of the host State or, to the extent authorized by
the law of the host State, a State law enforcement officer
may undertake such enforcement actions and proceedings as
would be permitted under the law of the host State as if the
branch were a bank chartered by that host State.
``(3) Cooperative agreement.--The State bank supervisors
from 2 or more States may enter into cooperative agreements
to facilitate State regulatory supervision of State banks,
including cooperative agreements relating to the coordination
of examinations and joint participation in examinations.
``(4) Federal regulatory authority.--No provision of this
subsection shall be construed as limiting in any way the
authority of an appropriate Federal banking agency to examine
or to take any enforcement actions or proceedings against any
bank or branch of a bank for which the agency is the
appropriate Federal banking agency.''.
SEC. 106. BRANCH CLOSURES.
Section 42 of the Federal Deposit Insurance Act (12 U.S.C.
1831r-1) is amended by adding at the end the following new
subsection:
``(d) Branch Closures in Interstate Banking or Branching
Operations.--
``(1) Notice requirements.--In the case of an interstate
bank which proposes to close any branch in a low- or moderate
income area, the notice required under subsection
(b)(2) shall contain the mailing address of the appropriate
Federal banking agency and a statement that comments on the
proposed closing of such branch may be mailed to such agency.
``(2) Action required by appropriate federal banking
agency.--If, in the case of a branch referred to in paragraph
(1)--
``(A) a person from the area in which such branch is
located--
``(i) submits a written request relating to the closing of
such branch to the appropriate Federal banking agency; and
``(ii) includes a statement of specific reasons for the
request, including a discussion of the adverse effect of such
closing on the availability of banking services in the area
affected by the closing of the branch; and
``(B) the agency concludes that the request is not
frivolous,
the agency shall consult with community leaders in the
affected area and convene a meeting of representatives of the
agency and other interested depository institution regulatory
agencies with community leaders in the affected area and such
other individuals, organizations, and depository institutions
(as defined in section 19(b)(1)(A) of the Federal Reserve
Act) as the agency may determine, in the discretion of the
agency, to be appropriate, to explore the feasibility of
obtaining adequate alternative facilities and services for
the affected area, including the establishment of a new
branch by another depository institution, the chartering of a
new depository institution, or the establishment of a
community development credit union, following the closing of
the branch.
``(3) No effect on closing.--No action by the appropriate
Federal banking agency under paragraph (2) shall affect the
authority of an interstate bank to close a branch (including
the timing of such closing) if the requirements of
subsections (a) and (b) have been met by such bank with
respect to the branch being closed.
``(4) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Interstate bank defined.--The term `interstate bank'
means a bank which maintains branches in more than 1 State.
``(B) Low- or moderate-income area.--The term `low- or
moderate-income area' means a census tract for which the
median family income is--
``(i) less than 80 percent of the median family income for
the metropolitan statistical area (as designated by the
Director of the Office of Management and Budget) in which the
census tract is located; or
``(ii) in the case of a census tract which is not located
in a metropolitan statistical area, less than 80 percent of
the median family income for the State in which the census
tract is located, as determined without taking into account
family income in metropolitan statistical areas in such
State.''.
SEC. 107. EQUALIZING COMPETITIVE OPPORTUNITIES FOR UNITED
STATES AND FOREIGN BANKS.
(a) Regulatory Objectives.--Section 6 of the International
Banking Act of 1978 (12 U.S.C. 3104) is amended--
(1) by redesignating subsections (a) through (c) as
subsections (b) through (d), respectively; and
(2) by inserting after ``sec. 6'' the following new
subsection:
``(a) Objective.--In implementing this section, the
Comptroller and the Federal Deposit Insurance Corporation
shall each, by affording equal competitive opportunities to
foreign and United States banking organizations in their
United States operations, ensure that foreign banking
organizations do not receive an unfair competitive advantage
over United States banking organizations.''.
(b) Review of Regulations.--
[[Page 1444]]
(1) In general.--Each Federal banking agency, after
consultation with the other Federal banking agencies to
assure uniformity, shall revise the regulations adopted by
such agency under section 6 of the International Banking Act
of 1978 to ensure that the regulations are consistent with
the objective set forth in section 6(a) of the International
Banking Act of 1978.
(2) Specific factors.--In carrying out paragraph (1), each
Federal banking agency shall consider whether to permit an
uninsured branch of a foreign bank to accept initial deposits
of less than $100,000 only from--
(A) individuals who are not citizens or residents of the
United States at the time of the initial deposit;
(B) individuals who--
(i) are not citizens of the United States;
(ii) are residents of the United States; and
(iii) are employed by a foreign bank, foreign business,
foreign government, or recognized international organization;
(C) persons to whom the branch or foreign bank has extended
credit or provided other nondeposit banking services;
(D) foreign businesses and large United States businesses;
(E) foreign governmental units and recognized international
organizations; and
(F) persons who are depositing funds in connection with the
issuance of a financial instrument by the branch for the
transmission of funds.
(3) Reduction in regulatory de minimis exemption.--In
carrying out paragraph (1), each Federal banking agency shall
limit any exemption which is--
(A) available under any regulation prescribed pursuant to
section 6(d) of the International Banking Act of 1978
providing for the acceptance of initial deposits of less than
$100,000 by an uninsured branch of a foreign bank; and
(B) based on a percentage of the average deposits at such
branch;
to not more than 1 percent of the average deposits at such
branch.
(4) Additional relevant considerations.--In carrying out
paragraph (1), each Federal banking agency shall also
consider the importance of maintaining and improving the
availability of credit to all sectors of the United States
economy, including the international trade finance sector of
the United State economy.
(5) Deadline for prescribing revised regulations.--Each
Federal banking agency--
(A) shall publish final regulations under paragraph (1) in
the Federal Register not later than 12 months after the date
of enactment of this Act; and
(B) may establish reasonable transition rules to facilitate
any termination of any deposit-taking activities that were
permissible under regulations that were in effect before the
date of enactment of this Act.
(6) Definitions.--For purposes of this subsection--
(A) the term ``Federal banking agency'' means--
(i) the Comptroller of the Currency with respect to Federal
branches of foreign banks; and
(ii) the Federal Deposit Insurance Corporation with respect
to State branches of foreign banks; and
(B) the term ``uninsured branch'' means a branch of a
foreign bank that is not an insured branch, as defined in
section 3(s)(3) of the Federal Deposit Insurance Act (12
U.S.C. 1813(s)(3)).
(c) Amendment Affirming That Consumer Protection Laws Apply
to Foreign Banks.--Section 9(b) of the International Banking
Act of 1978 (12 U.S.C. 3106a) is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively; and
(B) by inserting after ``which--'' the following new
subparagraph:
``(A) impose requirements that protect the rights of
consumers in financial transactions, to the extent that the
branch, agency, or commercial lending company engages in
activities that are subject to such laws;''; and
(2) in paragraph (2)--
(A) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively; and
(B) by inserting after ``which--'' the following new
subparagraph:
``(A) impose requirements that protect the rights of
consumers in financial transactions, to the extent that the
branch, agency, or commercial lending company engages in
activities that are subject to such laws;''.
(d) Insured Banks in Territories Not Treated as Foreign
Banks for Purposes of Retail Deposit-Taking Rule.--Section
6(d) of the International Banking Act of 1978 (12 U.S.C.
3104(c)) (as so redesignated by subsection (a)(1) of this
section) is amended by adding at the end the following new
paragraph:
``(3) Insured banks in u.s. territories.--For purposes of
this subsection, the term `foreign bank' does not include any
bank organized under the laws of any territory of the United
States, Puerto Rico, Guam, American Samoa, or the Virgin
Islands the deposits of which are insured by the Federal
Deposit Insurance Corporation pursuant to the Federal Deposit
Insurance Act.''.
(e) Amendment Relating to Shell Branches.--
(1) In general.--Section 7 of the International Banking Act
of 1978 (12 U.S.C. 3105) is amended by adding at the end the
following new subsection:
``(k) Management of Shell Branches.--
``(1) Transactions prohibited.--A branch or agency of a
foreign bank shall not manage, through an office of the
foreign bank which is located outside the United States and
is managed or controlled by such branch or agency, any type
of activity that a bank organized under the laws of the
United States, any State, or the District of Columbia is not
permitted to manage at any branch or subsidiary of such bank
which is located outside the United States.
``(2) Regulations.--Any regulations promulgated to carry
out this section--
``(A) shall be promulgated in accordance with section 13;
and
``(B) shall be uniform, to the extent practicable.''.
(2) Effective date.--The amendment made by paragraph (1)
shall become effective at the end of the 180-day period
beginning on the date of enactment of this Act.
(f) Meeting Community Credit Needs.--Section 5(a) of the
International Banking Act of 1978 (12 U.S.C. 3103(a)) (as
amended by section 104 of this Act) is amended by inserting
after paragraph (7) the following new paragraph:
``(8) Continuing requirement for meeting community credit
needs after initial interstate entry by acquisition.--
``(A) In general.--If a foreign bank acquires a bank or a
branch of a bank, in a State in which the foreign bank does
not maintain a branch, and such acquired bank is, or is part
of, a regulated financial institution (as defined in section
803 of the Community Reinvestment Act of 1977), the Community
Reinvestment Act of 1977 shall continue to apply to each
branch of the foreign bank which results from the acquisition
as if such branch were a regulated financial institution.
``(B) Exception for branch that receives only deposits
permissible for an edge act corporation.--Paragraph (1) shall
not apply to any branch that receives only such deposits as
are permissible for a corporation organized under section 25A
of the Federal Reserve Act to receive.''.
SEC. 108. FEDERAL RESERVE BOARD STUDY ON BANK FEES.
(a) In General.--Section 1002 of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811
note) is amended to read as follows:
``SEC. 1002. SURVEY OF BANK FEES AND SERVICES.
``(a) Annual Survey Required.--The Board of Governors of
the Federal Reserve System shall obtain a sample, which is
representative by geographic location and size of the
institution, of--
``(1) certain retail banking services provided by insured
depository institutions; and
``(2) the fees, if any, which are imposed by such
institutions for providing any such service, including fees
imposed for not sufficient funds, deposit items returned, and
automated teller machine transactions.
``(b) Annual Report to Congress Required.--
``(1) Preparation.--The Board of Governors of the Federal
Reserve System shall prepare a report of the results of each
survey conducted pursuant to subsection (a).
``(2) Contents of the report.--Each report prepared
pursuant to paragraph (1) shall include--
``(A) a description of any discernible trend, in the Nation
as a whole and in each region, in the cost and availability
of retail banking services which delineates differences on
the basis of size of the institution and engagement in
multistate activity; and
``(B) a description of the correlation, if any, among the
following factors:
``(i) An increase or decrease in the amount of any deposit
insurance premium assessed by the Federal Deposit Insurance
Corporation against insured depository institutions.
``(ii) An increase or decrease in the amount of the fees
imposed by such institutions for providing retail banking
services.
``(iii) A decrease in the availability of such services.
``(3) Submission to congress.--The Board of Governors of
the Federal Reserve System shall submit an annual report to
the Congress not later than September 1, 1995, and not later
than June 1 of each subsequent year.''.
(b) Sunset.--The requirements of subsection (a) shall not
apply after the end of the 7-year period beginning on the
date of enactment of this Act.
SEC. 109. PROHIBITION AGAINST DEPOSIT PRODUCTION OFFICES.
(a) Regulations.--The appropriate Federal banking agencies
shall prescribe uniform regulations effective June 1, 1997,
which prohibit any out-of-State bank from using any authority
to engage in interstate branching pursuant to this title, or
any amendment made by this title to any other provision of
law, primarily for the purpose of deposit production.
(b) Guidelines for Meeting Credit Needs.--Regulations
issued under subsection (a) shall include guidelines to
ensure that interstate branches operated by an out-of-State
bank in a host State are reasonably helping to meet the
credit needs of the communities which the branches serve.
(c) Limitation on Out-of-State Loans.--
(1) Limitation.--Regulations issued under subsection (a)
shall require that, beginning no earlier than 1 year after
establishment or acquisition of an interstate branch or
branches in a host State by an out-of-State bank, if the
appropriate Federal banking
[[Page 1445]]
agency for the out-of-State bank determines that the bank's
level of lending in the host State relative to the deposits
from the host State (as reasonably determinable from
available information including the agency's sampling of the
bank's loan files during an examination or such data as is
otherwise available) is less than half the average of total
loans in the host State relative to total deposits from the
host State (as determinable from relevant sources) for all
banks the home State of which is such State--
(A) the appropriate Federal banking agency for the out-of-
State bank shall review the loan portfolio of the bank and
determine whether the bank is reasonably helping to meet the
credit needs of the communities served by the bank in the
host State; and
(B) if the agency determines that the out-of-State bank is
not reasonably helping to meet those needs--
(i) the agency may order that an interstate branch or
branches of such bank in the host State be closed unless the
bank provides reasonable assurances to the satisfaction of
the appropriate Federal banking agency that the bank has an
acceptable plan that will reasonably help to meet the credit
needs of the communities served by the bank in the host
State, and
(ii) the out-of-State bank may not open a new interstate
branch in the host State unless the bank provides reasonable
assurances to the satisfaction of the appropriate Federal
banking agency that the bank will reasonably help to meet the
credit needs of the community that the new branch will serve.
(2) Considerations.--In making a determination under
paragraph (1)(A), the appropriate Federal banking agency
shall consider--
(A) whether the interstate branch or branches of the out-
of-State bank were formerly part of a failed or failing
depository institution;
(B) whether the interstate branch was acquired under
circumstances where there was a low loan-to-deposit ratio
because of the nature of the acquired institution's business
or loan portfolio;
(C) whether the interstate branch or branches of the out-
of-State bank have a higher concentration of commercial or
credit card lending, trust services, or other specialized
activities;
(D) the ratings received by the out-of-State bank under the
Community Reinvestment Act of 1977;
(E) economic conditions, including the level of loan
demand, within the communities served by the interstate
branch or branches of the out-of-State bank; and
(F) the safe and sound operation and condition of the out-
of-State bank.
(3) Branch closing procedure--
(A) Notice required.--Before exercising any authority under
paragraph (1)(B)(i), the appropriate Federal banking agency
shall issue to the bank a notice of the agency's intention to
close an interstate branch or branches and shall schedule a
hearing.
(B) Hearing.--Section 8(h) of the Federal Deposit Insurance
Act shall apply to any proceeding brought under this
paragraph.
(d) Application.--This section shall apply with respect to
any interstate branch established or acquired in a host State
pursuant to this title or any amendment made by this title to
any other provision of law.
(e) Definitions.--For the purposes of this section, the
following definitions shall apply:
(1) Appropriate federal banking agency, bank, state, and
state bank.--The terms ``appropriate Federal banking
agency'', ``bank'', ``State'', and ``State bank'' have the
same meanings as in section 3 of the Federal Deposit
Insurance Act.
(2) Home state.--The term ``home State'' means--
(A) in the case of a national bank, the State in which the
main office of the bank is located; and
(B) in the case of a State bank, the State by which the
bank is chartered.
(3) Host state.--The term ``host State'' means a State in
which a bank establishes a branch other than the home State
of the bank.
(4) Interstate branch.--The term ``interstate branch''
means a branch established pursuant to this title or any
amendment made by this title to any other provision of law.
(5) Out-of-state bank.--The term ``out-of-State bank''
means, with respect to any State, a bank the home State of
which is another State and, for purposes of this section,
includes a foreign bank, the home State of which is another
State.
SEC. 110. COMMUNITY REINVESTMENT ACT EVALUATION OF BANKS WITH
INTERSTATE BRANCHES.
(a) In General.--Section 807 of the Community Reinvestment
Act of 1977 (12 U.S.C. 2906) is amended by adding at the end
the following new subsections:
``(d) Institutions With Interstate Branches.--
``(1) State-by-state evaluation.--In the case of a
regulated financial institution that maintains domestic
branches in 2 or more States, the appropriate Federal
financial supervisory agency shall prepare--
``(A) a written evaluation of the entire institution's
record of performance under this title, as required by
subsections (a), (b), and (c); and
``(B) for each State in which the institution maintains 1
or more domestic branches, a separate written evaluation of
the institution's record of performance within such State
under this title, as required by subsections (a), (b), and
(c).
``(2) Multistate metropolitan areas.--In the case of a
regulated financial institution that maintains domestic
branches in 2 or more States within a multistate metropolitan
area, the appropriate Federal financial supervisory agency
shall prepare a separate written evaluation of the
institution's record of performance within such metropolitan
area under this title, as required by subsections (a), (b),
and (c). If the agency prepares a written evaluation pursuant
to this paragraph, the scope of the written evaluation
required under paragraph (1)(B) shall be adjusted
accordingly.
``(3) Content of state level evaluation.--A written
evaluation prepared pursuant to paragraph (1)(B) shall--
``(A) present the information required by subparagraphs (A)
and (B) of subsection (b)(1) separately for each metropolitan
area in which the institution maintains 1 or more domestic
branch offices and separately for the remainder of the
nonmetropolitan area of the State if the institution
maintains 1 or more domestic branch offices in such
nonmetropolitan area; and
``(B) describe how the Federal financial supervisory agency
has performed the examination of the institution, including a
list of the individual branches examined.
``(e) Definitions.--For purposes of this section the
following definitions shall apply:
``(1) Domestic branch.--The term `domestic branch' means
any branch office or other facility of a regulated financial
institution that accepts deposits, located in any State.
``(2) Metropolitan area.--The term `metropolitan area'
means any primary metropolitan statistical area, metropolitan
statistical area, or consolidated metropolitan statistical
area, as defined by the Director of the Office of Management
and Budget, with a population of 250,000 or more, and any
other area designated as such by the appropriate Federal
financial supervisory agency.
``(3) State.--The term `State' has the same meaning as in
section 3 of the Federal Deposit Insurance Act.''.
(b) Separate Presentation.--Section 807(b)(1) of the
Community Reinvestment Act of 1977 (12 U.S.C. 2906(b)(1)) is
amended--
(1) by redesignating subparagraphs (A) through (C) as
clauses (i) through (iii), respectively;
(2) by striking ``The public'' and inserting the following:
``(A) Contents of written evaluation.--The public''; and
(3) by adding at the end the following new subparagraph:
``(B) Metropolitan area distinctions.--The information
required by clauses (i) and (ii) of subparagraph (A) shall be
presented separately for each metropolitan area in which a
regulated depository institution maintains one or more
domestic branch offices.''.
SEC. 111. RESTATEMENT OF EXISTING LAW.
No provision of this title and no amendment made by this
title to any other provision of law shall be construed as
affecting in any way--
(1) the authority of any State or political subdivision of
any State to adopt, apply, or administer any tax or method of
taxation to any bank, bank holding company, or foreign bank,
or any affiliate of any such bank, bank holding company, or
foreign bank, to the extent that such tax or tax method is
otherwise permissible by or under the Constitution of the
United States or other Federal law;
(2) the right of any State, or any political subdivision of
any State, to impose or maintain a nondiscriminatory
franchise tax or other nonproperty tax instead of a franchise
tax in accordance with section 3124 of title 31, United
States Code; or
(3) the applicability of section 5197 of the Revised
Statutes or section 27 of the Federal Deposit Insurance Act.
SEC. 112. GAO REPORT ON DATA COLLECTION UNDER INTERSTATE
BRANCHING.
(a) In General.--The Comptroller General of the United
States shall submit to the Congress, not later than 9 months
after the date of enactment of this Act, a report that--
(1) examines statutory and regulatory requirements for
insured depository institutions to collect and report deposit
and lending data; and
(2) determines what modifications to such requirements are
needed, so that the implementation of the interstate
branching provisions contained in this title will result in
no material loss of information important to regulatory or
congressional oversight of insured depository institutions.
(b) Consultation.--The Comptroller General, in preparing
the report required by this section, shall consult with
individuals representing the appropriate Federal banking
agencies, insured depository institutions, consumers,
community groups, and other interested parties.
(c) Definitions.--For purposes of this section, the terms
``appropriate Federal banking agency'' and ``insured
depository institution'' have the same meanings as in section
3 of the Federal Deposit Insurance Act.
SEC. 113. MAXIMUM INTEREST RATE ON CERTAIN FMHA LOANS.
(a) In General.--Section 307(a) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1927(a)) is amended--
(1) in paragraph (3)(A), by striking ``Except'' and
inserting ``Notwithstanding the provisions of the
constitution or laws of any State limiting the rate or amount
of interest that may be charged, taken, received, or
reserved, except''; and
(2) in paragraph (5)--
[[Page 1446]]
(A) by striking ``(5) The'' and inserting ``(5)(A) Except
as provided in subparagraph (B), the''; and
(B) by adding at the end the following new subparagraph:
``(B) In the case of a loan made under section 310B as a
guaranteed loan, subparagraph (A) shall apply notwithstanding
the provisions of the constitution or laws of any State
limiting the rate or amount of interest that may be charged,
taken, received, or reserved.''.
(b) Effective Dates.--
(1) In general.--Except as provided in paragraphs (2) and
(3), the amendments made by subsection (a) shall apply to a
loan made, insured, or guaranteed under the Consolidated Farm
and Rural Development Act (7 U.S.C. 1921 et seq.) in a State
on or after the date of enactment of this Act.
(2) State option.--Except as provided in paragraph (3), the
amendments made by subsection (a) shall not apply to a loan
made, insured, or guaranteed under the Consolidated Farm and
Rural Development Act in a State after the date (that occurs
during the 3-year period beginning on the date of enactment
of this Act) on which the State adopts a law or certifies
that the voters of the State have voted in favor of a
provision of the constitution or law of the State that states
that the State does not want the amendments made by
subsection (a) to apply with respect to loans made, insured,
or guaranteed under such Act in the State.
(3) Transitional period.--In any case in which a State
takes an action described in paragraph (2), the amendments
made by subsection (a) shall continue to apply to a loan
made, insured, or guaranteed under the Consolidated Farm and
Rural Development Act in the State after the date the action
was taken pursuant to a commitment for the loan that was
entered into during the period beginning on the date of
enactment of this Act, and ending on the date on which the
State takes the action.
SEC. 114. NOTICE REQUIREMENTS FOR BANKING AGENCY DECISIONS
PREEMPTING STATE LAW.
Chapter 4 of title LXII of the Revised Statutes (12 U.S.C.
21 et seq.) is amended by adding at the end the following new
section:
``SEC. 5244. INTERPRETATIONS CONCERNING PREEMPTION OF CERTAIN
STATE LAWS.
``(a) Notice and Opportunity for Comment Required.--Before
issuing any opinion letter or interpretive rule, in response
to a request or upon the agency's own motion, that concludes
that Federal law preempts the application to a national bank
of any State law regarding community reinvestment, consumer
protection, fair lending, or the establishment of intrastate
branches, or before making a determination under section
5155(f)(1)(A)(ii) of the Revised Statutes, the appropriate
Federal banking agency (as defined in section 3 of the
Federal Deposit Insurance Act) shall--
``(1) publish in the Federal Register notice of the
preemption or discrimination issue that the agency is
considering (including a description of each State law at
issue);
``(2) give interested parties not less than 30 days in
which to submit written comments; and
``(3) in developing the final opinion letter or
interpretive rule issued by the agency, or making any
determination under section 5155(f)(1)(A)(ii) of the Revised
Statutes, consider any comments received.
``(b) Publication Required.--The appropriate Federal
banking agency shall publish in the Federal Register--
``(1) any final opinion letter or interpretive rule
concluding that Federal law preempts the application of any
State law regarding community reinvestment, consumer
protection, fair lending, or establishment of intrastate
branches to a national bank; and
``(2) any determination under section 5155(f)(1)(A)(ii) of
the Revised Statutes.
``(c) Exceptions.--
``(1) No new issue or significant basis.--This section
shall not apply with respect to any opinion letter or
interpretive rule that--
``(A) raises issues of Federal preemption of State law that
are essentially identical to those previously resolved by the
courts or on which the agency has previously issued an
opinion letter or interpretive rule; or
``(B) responds to a request that contains no significant
legal basis on which to make a preemption determination.
``(2) Judicial, legislative, or intragovernmental
materials.--This section shall not apply with respect to
materials prepared for use in judicial proceedings or
submission to Congress or a Member of Congress, or for
intragovernmental use.
``(3) Emergency.--The appropriate Federal banking agency
may make exceptions to subsection (a) if--
``(A) the agency determines in writing that the exception
is necessary to avoid a serious and imminent threat to the
safety and soundness of any national bank; or
``(B) the opinion letter or interpretive rule is issued in
connection with--
``(i) an acquisition of 1 or more banks in default or in
danger of default (as such terms are defined in section 3 of
the Federal Deposit Insurance Act); or
``(ii) an acquisition with respect to which the Federal
Deposit Insurance Corporation provides assistance under
section 13(c) of the Federal Deposit Insurance Act.''.
SEC. 115. MORATORIUM ON EXAMINATION FEES UNDER THE
INTERNATIONAL BANKING ACT OF 1978.
(a) Branches, Agencies, and Affiliates.--Section 7(c)(1)(D)
of the International Banking Act of 1978 shall not apply with
respect to any examination under section 7(c)(1)(A) of such
Act which begins before or during the 3-year period beginning
on July 25, 1994.
(b) Representative Offices.--The provision of section 10(c)
of the International Banking Act of 1978 relating to the cost
of examinations under such section shall not apply with
respect to any examination under such section which begins
before or during the 3-year period beginning on July 25,
1994.
TITLE II--GENERAL PROVISIONS
SEC. 201. AMENDMENTS TO FEDERAL DEPOSIT INSURANCE ACT AND
FEDERAL HOME LOAN BANK ACT.
(a) Federal Deposit Insurance Act.--Section 11(d)(14) of
the Federal Deposit Insurance Act (12 U.S.C. 1821(d)(14)) is
amended by adding at the end the following new subparagraph:
``(C) Revival of expired state causes of action.--
``(i) In general.--In the case of any tort claim described
in clause (ii) for which the statute of limitation applicable
under State law with respect to such claim has expired not
more than 5 years before the appointment of the Corporation
as conservator or receiver, the Corporation may bring an
action as conservator or receiver on such claim without
regard to the expiration of the statute of limitation
applicable under State law.
``(ii) Claims described.--A tort claim referred to in
clause (i) is a claim arising from fraud, intentional
misconduct resulting in unjust enrichment, or intentional
misconduct resulting in substantial loss to the
institution.''.
(b) Federal Home Loan Bank Act.--Section 21A(b)(14) of the
Federal Home Loan Bank Act (12 U.S.C. 1441a(b)(14)) is
amended by adding at the end the following new subparagraph:
``(E) Revival of expired state causes of action.--In the
case of any tort claim described in subparagraph (A)(ii) for
which the statute of limitation applicable under State law
with respect to such claim has expired not more than 5 years
before the appointment of the Corporation as conservator or
receiver, the Corporation may bring an action as conservator
or receiver on such claim without regard to the expiration of
the statute of limitation applicable under State law.''.
SEC. 202. SENSE OF THE SENATE CONCERNING MULTILATERAL EXPORT
CONTROLS.
(a) Findings.--The Senate finds that--
(1) the United States and its allies have agreed that as of
March 31, 1994, the Coordinating Committee (hereafter
referred to as ``COCOM''), the multilateral body that
controlled strategic exports to the former Soviet Union and
other Communist States, ceased to exist;
(2) no successor has yet been established to replace the
COCOM;
(3) threats to United States security are posed by rogue
regimes that support terrorism as a matter of national
policy;
(4) a critical element of the United States proposal for a
successor to COCOM is that supplier nations agree on a list
of militarily critical products and technologies that would
be denied to a handful of rogue regimes;
(5) some allies of the United States oppose this principle
and instead propose that such controls be left to ``national
discretion'', effectively replacing multilateral export
controls with a loose collection of unilateral export control
policies which would be adverse for United States security
and economic interests;
(6) multilateral controls are needed to thwart efforts of
Iran, Iraq, North Korea, Libya, and other rogue regimes, to
acquire arms and sensitive dual-use goods and technologies
that could contribute to their efforts to build weapons of
mass destruction; and
(7) the United States would be forced to make the difficult
choice of choosing between unilateral export controls under
the Export Administration Act of 1979, which would put
American companies at a competitive disadvantage worldwide,
or allowing exports that could seriously harm the national
security interests of the United States.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) the President should work to achieve a clearly defined
and enforceable agreement with allies of the United States
which establishes a multilateral export control system for
the proliferation of products and technologies to rogue
regimes that would jeopardize the national security of the
United States; and
(2) the President should persuade allies of the United
States to promote mutual security interests by preventing
rogue regimes from obtaining militarily critical products and
technologies.
SEC. 203. AMENDMENTS RELATING TO SILVER MEDALS FOR PERSIAN
GULF VETERANS.
Title III of Public law 102-281 (31 U.S.C. 5111 note) is
amended--
(1) in section 303(b), by striking ``entitlement'' and
inserting ``enactment''; and
(2) in section 307 by striking subsection (b) and inserting
the following:
``(b) No Expenditures in Advance of Receipt of Funds.--The
Secretary of the Treasury shall begin minting and issuing the
medals described in section 302 whenever there are any funds
available to cover the cost of minting and issuing any such
medals from amounts received by the Secretary under section
305 and donations by private persons, and shall continue
minting and issuing such medals, subject to the availability
[[Page 1447]]
of funds to cover the costs, until all of the medals
authorized have been issued.''.
SEC. 204. COMMEMORATION OF 1995 SPECIAL OLYMPIC WORLD GAMES.
(a) Coin Specifications.--
(1) One dollar silver coins.--
(A) Issuance.--The Secretary of the Treasury (hereafter in
this section referred to as the ``Secretary'') shall issue
not more than 800,000 $1 coins, which shall weigh 26.73
grams, have a diameter of 1.500 inches, and shall contain 90
percent silver and 10 percent copper.
(B) Design.--The design of the coins issued under this
section shall be emblematic of the 1995 Special Olympics
World Games. On each such coin there shall be a designation
of the value of the coin, an inscription of the year
``1995'', and inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E Pluribus
Unum''.
(2) Legal tender.--The coins issued under this section
shall be legal tender as provided in section 5103 of title
31, United States Code.
(3) Numismatic items.--For purposes of section 5132(a)(1)
of title 31, United States Code, all coins minted under this
section shall be considered to be numismatic items.
(b) Sources of Bullion.--The Secretary shall obtain silver
for the coins minted under this section only from stockpiles
established under the Strategic and Critical Materials Stock
Piling Act.
(c) Selection of Design.--The design for the coins
authorized by this section shall be selected by the Secretary
after consultation with the 1995 Special Olympics World Games
Organizing Committee, Inc. and the Commission of Fine Arts.
As required by section 5135 of title 31, United States Code,
the design shall also be reviewed by the Citizens
Commemorative Coin Advisory Committee.
(d) Issuance of the Coins.--
(1) Quality of coins.--The coins authorized under this
section may be issued in uncirculated and proof qualities.
(2) Mint facility.--Not more than 1 facility of the United
States Mint may be used to strike any particular quality of
the coins minted under this section.
(3) Period for issuance.--The Secretary shall issue coins
minted under this section during the period beginning on
January 15, 1995, and ending on December 31, 1995.
(e) Sale of the Coins.--
(1) Sale price.--The coins issued under this section shall
be sold by the Secretary at a price equal to the sum of the
face value of the coins, the surcharge provided in paragraph
(4) with respect to such coins, and the cost of designing and
issuing such coins (including labor, materials, dies, use of
machinery, overhead expenses, marketing, and shipping).
(2) Bulk sales.--The Secretary shall make bulk sales at a
reasonable discount.
(3) Prepaid orders.--The Secretary shall accept prepaid
orders for the coins authorized under this section prior to
the issuance of such coins. Sales under this subsection shall
be at a reasonable discount.
(4) Surcharge required.--All sales shall include a
surcharge of $10 per coin.
(5) International sales.--The Secretary, in cooperation
with the 1995 Special Olympics World Games Organizing
Committee, shall develop an international marketing program
to promote and sell coins outside of the United States.
(f) General Waiver of Procurement Regulations.--No
provision of law governing procurement or public contracts
shall be applicable to the procurement of goods or services
necessary for carrying out the provisions of this section.
Nothing in this subsection shall relieve any person entering
into a contract under the authority of this section from
complying with any law relating to equal employment
opportunity.
(g) Distribution of Surcharges.--The total surcharges
collected by the Secretary from the sale of the coins issued
under this section shall be promptly paid by the Secretary to
the 1995 Special Olympics World Games Organizing Committee,
Inc. Such amounts shall be used to--
(1) provide a world class sporting event for athletes with
mental retardation;
(2) demonstrate to a global audience the extraordinary
talents, dedication, and courage of persons with mental
retardation; and
(3) underwrite the cost of staging and promoting the 1995
Special Olympics World Games.
(h) Audits.--The Comptroller General of the United States
shall have the right to examine such books, records,
documents, and other data of the 1995 Special Olympics World
Games Organizing Committee, Inc. as may be related to the
expenditure of amounts paid under subsection (g).
(i) Financial Assurances.--
(1) No net cost to the government.--The Secretary shall
take all actions necessary to ensure that the issuance of the
coins authorized by this section shall result in no net cost
to the United States Government.
(2) Adequate security for payment required.--No coin shall
be issued under this section unless the Secretary has
received--
(A) full payment therefore;
(B) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(C) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board.
SEC. 205. NATIONAL COMMUNITY SERVICE COMMEMORATIVE COINS.
(a) Coin Specifications.--
(1) $1 Silver coins.--The Secretary of the Treasury
(hereafter in this section referred to as the ``Secretary'')
shall mint and issue not more than 500,000 $1 coins to
commemorate students who volunteer to perform community
service, which shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent copper.
(2) Legal tender.--The coins issued under this section
shall be legal tender, as provided in section 5103 of title
31, United States Code.
(3) Numismatic items.--For purposes of section 5134 of
title 31, United States Code, all coins minted under this
section shall be considered to be numismatic items.
(b) Sources of Bullion.--The Secretary shall obtain silver
for the coins minted under this section only from stockpiles
established under the Strategic and Critical Minerals Stock
Piling Act.
(c) Design of Coins.--
(1) Design requirements.--
(A) In general.--The design of the coins minted under this
section shall be emblematic of community services provided by
student volunteers.
(B) Designation and inscriptions.--On each coin minted
under this section there shall be--
(i) a designation of the value of the coin;
(ii) an inscription of the year ``1996''; and
(iii) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus
Unum''.
(2) Selection.--The design for the coins authorized by this
section shall be--
(A) selected by the Secretary after consultation with the
National Community Service Trust and the Commission of Fine
Arts; and
(B) reviewed by the Citizens Commemorative Coin Advisory
Committee.
(d) Issuance of Coins.--
(1) Quality of coins.--Coins minted under this section
shall be issued in uncirculated and proof qualities.
(2) Mint facility.--Only 1 facility of the United States
Mint may be used to strike any particular quality of the
coins minted under this section.
(3) Period for issuance.--The Secretary shall issue coins
minted under this section for a period of not less than 6
months and not more than 12 months, beginning no later than
September 1, 1996.
(e) Sale of Coins.--
(1) Sale price.--The coins issued under this section shall
be sold by the Secretary at a price equal to the sum of--
(A) the face value of the coins;
(B) the surcharge provided in paragraph (4) with respect to
such coins; and
(C) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(2) Bulk sales.--The Secretary shall make bulk sales of the
coins issued under this section available at a reasonable
discount.
(3) Prepaid orders.--
(A) In general.--The Secretary shall accept prepaid orders
for the coins minted under this section before the issuance
of such coins.
(B) Discount.--Sale prices with respect to prepaid orders
under subparagraph (A) shall be at a reasonable discount.
(4) Surcharges.--All sales shall include a surcharge of $10
per coin.
(f) General Waiver of Procurement Regulations.--
(1) In general.--Except as provided in paragraph (2), no
provision of law governing procurement or public contracts
shall be applicable to the procurement of goods and services
necessary for carrying out the provisions of this section.
(2) Equal employment opportunity.--Paragraph (1) shall not
relieve any person entering into a contract under the
authority of this section from complying with any law
relating to equal employment opportunity.
(g) Distribution of Surcharges.--
(1) In general.--All surcharges received by the Secretary
from the sale of coins issued under this section shall be
promptly paid by the Secretary to the National Community
Service Trust for the purpose of funding innovative community
service programs at American universities, including the
service, research, and teaching activities of faculty and
students involved in such programs.
(2) Audits.--The Comptroller General of the United States
shall have the right to examine such books, records,
documents, and other data of the National Community Service
Trust as may be related to the expenditures of amounts paid
under paragraph (1).
(h) Financial Assurances.--
(1) No net cost to the government.--The Secretary shall
take such actions as may be necessary to ensure that minting
and issuing coins under this section will not result in any
net cost to the United States Government.
(2) Payment for coins.--A coin shall not be issued under
this section unless the Secretary has received--
(A) full payment for the coin;
(B) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(C) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board.
[[Page 1448]]
SEC. 206. ROBERT F. KENNEDY MEMORIAL COMMEMORATIVE COINS.
(a) Coin Specifications.--
(1) $1 silver coins.--The Secretary of the Treasury
(hereafter in this section referred to as the ``Secretary'')
shall mint and issue not more than 500,000 $1 coins to
commemorate the life and work of Robert F. Kennedy, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent copper.
(2) Legal tender.--The coins issued under this section
shall be legal tender, as provided in section 5103 of title
31, United States Code.
(3) Numismatic items.--For purposes of section 5134 of
title 31, United States Code, all coins minted under this
section shall be considered to be numismatic items.
(b) Sources of Bullion.--The Secretary shall obtain silver
for the coins minted under this section only from stockpiles
established under the Strategic and Critical Minerals Stock
Piling Act.
(c) Design of Coins.--
(1) Design requirements.--
(A) In general.--The design of the coins minted under this
section shall be emblematic of the life and work of Robert F.
Kennedy.
(B) Designation and inscriptions.--On each coin minted
under this section there shall be--
(i) a designation of the value of the coin;
(ii) an inscription of the year ``1998''; and
(iii) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus
Unum''.
(2) Selection.--The design for the coins authorized by this
section shall be--
(A) selected by the Secretary after consultation with the
Robert F. Kennedy Memorial and the Commission of Fine Arts;
and
(B) reviewed by the Citizens Commemorative Coin Advisory
Committee.
(d) Issuance of Coins.--
(1) Quality of coins.--Coins minted under this section
shall be issued in uncirculated and proof qualities.
(2) Mint facility.--Only 1 facility of the United States
Mint may be used to strike any particular quality of the
coins minted under this section.
(3) Period for issuance.--The Secretary shall issue coins
minted under this section for a period of not less than 6
months and not more than 12 months, beginning no later than
January 1, 1998.
(e) Sale of Coins.--
(1) Sale price.--The coins issued under this section shall
be sold by the Secretary at a price equal to the sum of--
(A) the face value of the coins;
(B) the surcharge provided in paragraph (4) with respect to
such coins; and
(C) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(2) Bulk sales.--The Secretary shall make bulk sales of the
coins issued under this section available at a reasonable
discount.
(3) Prepaid orders.--
(A) In general.--The Secretary shall accept prepaid orders
for the coins minted under this section before the issuance
of such coins.
(B) Discount.--Sale prices with respect to prepaid orders
under subparagraph (A) shall be at a reasonable discount.
(4) Surcharges.--All sales shall include a surcharge of $10
per coin.
(f) General Waiver of Procurement Regulations.--
(1) In general.--Except as provided in paragraph (2), no
provision of law governing procurement or public contracts
shall be applicable to the procurement of goods and services
necessary for carrying out the provisions of this section.
(2) Equal employment opportunity.--Paragraph (1) shall not
relieve any person entering into a contract under the
authority of this section from complying with any law
relating to equal employment opportunity.
(g) Distribution of Surcharges.--
(1) In general.--All surcharges received by the Secretary
from the sale of coins issued under this section shall be
promptly paid by the Secretary to the Robert F. Kennedy
Memorial for the purpose of improving the endowment of the
Robert F. Kennedy Memorial.
(2) Audits.--The Comptroller General of the United States
shall have the right to examine such books, records,
documents, and other data of the Robert F. Kennedy Memorial
as may be related to the expenditures of amounts paid under
paragraph (1).
(h) Financial Assurances.--
(1) No net cost to the government.--The Secretary shall
take such actions as may be necessary to ensure that minting
and issuing coins under this section will not result in any
net cost to the United States Government.
(2) Payment for coins.--A coin shall not be issued under
this section unless the Secretary has received--
(A) full payment for the coin;
(B) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(C) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board.
SEC. 207. UNITED STATES MILITARY ACADEMY BICENTENNIAL
COMMEMORATIVE COINS.
(a) Coin Specifications.--
(1) One dollar silver coins.--
(A) Issuance.--The Secretary shall issue not more than
500,000 $1 coins, which shall weigh 26.73 grams, have a
diameter of 1.500 inches, and shall contain 90 percent silver
and 10 percent copper.
(B) Design.--The design of the $1 coins shall be emblematic
of the United States Military Academy and its motto ``Duty,
Honor, Country''. On each such coin there shall be a
designation of the value of the coin, an inscription of the
year ``2002'', and inscriptions of the words ``Liberty'',
``In God We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(2) Legal tender.--The coins issued under this section
shall be legal tender as provided in section 5103 of title
31, United States Code.
(b) Sources of Bullion.--The Secretary shall obtain silver
for the coins minted under this section only from stockpiles
established under the Strategic and Critical Materials Stock
Piling Act.
(c) Selection of Design.--The design of the coins minted
under this section shall be selected by the Secretary after
consultation with the Commission of Fine Arts and the
Bicentennial Steering Group, Association of Graduates, United
States Military Academy. As required by section 5135 of title
31, United States Code, the designs shall also be reviewed by
the Citizens Commemorative Coin Advisory Committee.
(d) Issuance of the Coins.--
(1) Quality and mint facility.--The coins authorized under
this section may be issued in uncirculated and proof
qualities and shall be struck at the United States Bullion
Depository at West Point.
(2) Period for issuance.--The Secretary shall issue coins
minted under this section
during the period beginning on March 16, 2002, and ending on
March 16, 2003.
(3) Sunset provision.--No coins shall be minted under this
section after December 31, 2002.
(e) Sale of the Coins.--
(1) Sale price.--The coins issued under this section shall
be sold by the Secretary at a price equal to the sum of the
face value of the coins, the surcharge provided in paragraph
(4) with respect to such coins, and the cost of designing and
issuing such coins (including labor, materials, dies, use of
machinery, overhead expenses, marketing, and shipping).
(2) Bulk sales.--The Secretary shall make bulk sales
available at a reasonable discount.
(3) Prepaid orders.--The Secretary shall accept prepaid
orders for the coins prior to the issuance of such coins.
Sales under this paragraph shall be at a reasonable discount.
(4) Surcharge required.--All sales shall include a
surcharge of $10 per coin.
(f) General Waiver of Procurement Regulations.--No
provision of law governing procurement or public contracts
shall be applicable to the procurement of goods and services
necessary for carrying out the provisions of this section.
Nothing in this subsection shall relieve any person entering
into a contract under the authority of this section from
complying with any law relating to equal employment
opportunity.
(g) Distribution of Surcharges.--The total surcharges
collected by the Secretary from the sale of the coins issued
under this section shall be promptly paid by the Secretary to
the Association of Graduates, United States Military Academy
to assist the Association of Graduates' efforts to provide
direct support to the academic, military, physical, moral,
and ethical development programs of the Corps of Cadets,
United States Military Academy.
(h) Audits.--The Comptroller General of the United States
shall have the right to examine such books, records,
documents, and other data of the Association of Graduates,
United States Military Academy as may be related to the
expenditure of amounts paid under subsection (g).
(i) Numismatic Public Enterprise Fund.--The coins issued
under this section are subject to the provisions of section
5134 of title 31, United States Code, relating to the
Numismatic Public Enterprise Fund.
(j) Financial Assurances.--
(1) No net cost to the government.--The Secretary shall
take all actions necessary to ensure that the issuance of the
coins authorized by this section shall result in no net cost
to the United States Government.
(2) Adequate security for payment required.--No coin shall
be issued under this section unless the Secretary has
received--
(A) full payment therefore;
(B) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(C) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board.
SEC. 208. UNITED STATES BOTANIC GARDEN COMMEMORATIVE COINS.
(a) Coin Specifications.--
(1) One-dollar silver coins.--
(A) Issuance.--The Secretary of the Treasury (hereafter in
this section referred to as the ``Secretary'') shall mint and
issue not more than 500,000 $1 coins, which shall weigh 26.73
grams, have a diameter of 1.500 inches, and contain 90
percent silver and 10 percent copper.
(B) Design.--The design of the coins issued under this
section shall be a rose, the na-
[[Page 1449]]
tional floral emblem, and a frontal view of the French facade
of the United States Botanic Garden. On each coin there shall
be a designation of the value of the coin, an inscription of
the years ``1820-1995'', and inscriptions of the words
``Liberty'', ``In God We Trust'', ``United States of
America'', and ``E Pluribus Unum''.
(2) Legal tender.--The coins issued under this section
shall be legal tender, as provided in section 5103 of title
31, United States Code.
(3) Numismatic items.--For purposes of section 5134 of
title 31, United States Code, all coins minted under this
section shall be considered to be numismatic items.
(b) Source of Bullion.--The Secretary shall obtain silver
for the coins minted under this section only from stockpiles
established under the Strategic and Critical Materials Stock
Piling Act.
(c) Selection of Design.--The design for the coins minted
under this section shall be--
(1) selected by the Secretary after consultation with the
National Fund for the United States Botanic Garden and the
Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
(d) Issuance of Coins.--
(1) Quality of coins.--Coins minted under this section may
be issued in uncirculated and proof qualities.
(2) Mint facility.--Not more than 1 facility of the United
States Mint may be used to strike any particular quality of
the coins minted under this section.
(3) Period of issuance.--The Secretary may issue coins
minted under this section during the period beginning on
January 1, 1997, and ending on December 31, 1997.
(e) Sale of Coins.--
(1) Sale price.--The coins authorized under this section
shall be sold by the Secretary at a price equal to the sum of
the face value of the coins, the surcharge provided in
paragraph (4) with respect to such coins, and the cost of
designing and issuing the coins (including labor, materials,
dies, use of machinery, overhead expenses, marketing, and
shipping).
(2) Bulk sales.--The Secretary shall make bulk sales
available at a reasonable discount.
(3) Prepaid orders.--The Secretary shall accept prepaid
orders for the coins authorized under this section prior to
the issuance of such coins. Sales under this paragraph shall
be at a reasonable discount.
(4) Surcharge required.--All sales shall include a
surcharge of $10 per coin.
(f) General Waiver of Procurement Regulations.--
(1) In general.--Except as provided in paragraph (2), no
provision of law governing procurement or public contracts
shall be applicable to the procurement of goods and services
necessary for carrying out the provisions of this section.
(2) Equal employment opportunity.--Paragraph (1) shall not
relieve any person entering into a contract under the
authority of this section from complying with any law
relating to equal employment opportunity.
(g) Distribution of Surcharges.--All surcharges received by
the Secretary from the sale of coins issued under this
section shall be promptly paid by the Secretary to the
National Fund for the United States Botanic Garden.
(h) Audits.--The Comptroller General of the United States
shall have the right to examine such books, records,
documents, and other data of the National Fund for the United
States Botanic Garden as may be related to the expenditures
of amounts paid under subsection (g).
(i) Financial Assurances.--
(1) No net cost to the government.--The Secretary shall
take all actions necessary to ensure that the issuance of the
coins authorized by this section shall result in no net cost
to the United States Government.
(2) Adequate security for payment required.--No coin shall
be issued under this section unless the Secretary has
received--
(A) full payment therefore;
(B) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(C) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board.
SEC. 209. MOUNT RUSHMORE COMMEMORATIVE COINS.
(a) Distribution of Surcharges.--Section 8 of the Mount
Rushmore Commemorative Coin Act (104 Stat. 314; 31 U.S.C.
5112 note) is amended by striking paragraphs (1) and (2) and
inserting the following:
``(1) the first $18,750,000 shall be paid during fiscal
year 1994 by the Secretary to the Society to assist the
Society's efforts to improve, enlarge, and renovate the Mount
Rushmore National Memorial; and
``(2) the remainder shall be returned to the Federal
Treasury for purposes of reducing the national debt.''.
(b) Retroactive Effect.--If, prior to the enactment of this
Act, any amount of surcharges have been received by the
Secretary of the Treasury and paid into the United States
Treasury pursuant to section 8(1) of the Mount Rushmore
Commemorative Coin Act, as in effect prior to the enactment
of this Act, that amount shall be paid out of the Treasury to
the extent necessary to comply with section 8(1) of the Mount
Rushmore Commemorative Coin Act, as in effect after the
enactment of this Act. Amounts paid pursuant to the preceding
sentence shall be out of funds not otherwise appropriated.
(c) Numismatic Operating Profits.--Nothing in this section
shall be construed to affect the Secretary of the Treasury's
right to derive operating profits from numismatic programs
for use in supporting the United States Mint's numismatic
operations and programs or to allow the distribution of
operating profits from the Numismatic Public Enterprise Fund
to a recipient organization under any numismatic program.
SEC. 210. STUDY AND REPORT ON THE UNITED STATES FINANCIAL
SERVICES SYSTEM.
(a) Study.--
(1) In general.--The Secretary of the Treasury (hereafter
in this section referred to as the ``Secretary'') shall,
after consultation with the Advisory Commission on Financial
Services established under subsection (b), and consultation
in accordance with paragraph (3), conduct a study of matters
relating to the strengths and weaknesses of the United States
financial services system in meeting the needs of the
system's users, including the needs of--
(A) individual consumers and households;
(B) communities;
(C) agriculture;
(D) small-, medium-, and large-sized businesses;
(E) governmental and nonprofit entities; and
(F) exporters and other users of international financial
services.
(2) Matters studied.--The study required under paragraph
(1) shall include consideration of--
(A) the changes underway in the national and international
economies and the financial services industry, and how those
changes affect the financial services system's ability to
efficiently meet the needs of the national economy and the
system's users during the next 10 years and beyond; and
(B) the adequacy of existing statutes and regulations, and
the existing regulatory structure, to meet the needs of the
financial services system's users effectively, efficiently,
and without unfair, anticompetitive, or discriminatory
practices.
(3) Consultation.--Consultation in accordance with this
paragraph means consultation with--
(A) the Board of Governors of the Federal Reserve System;
(B) the Commodity Futures Trading Commission;
(C) the Comptroller of the Currency;
(D) the Director of the Office of Thrift Supervision;
(E) the Federal Deposit Insurance Corporation;
(F) the Secretary of the Department of Housing and Urban
Development;
(G) the Securities and Exchange Commission;
(H) the Director of the Congressional Budget Office; and
(I) the Comptroller General of the United States.
(b) Advisory Commission on Financial Services.--
(1) Establishment.--There is established the Advisory
Commission on Financial Services (hereafter in this section
referred to as the ``Advisory Commission'').
(2) Membership of commission.--The Advisory Commission--
(A) shall consist of not less than 9 nor more than 14
members appointed by the Secretary from among individuals--
(i) who are--
(I) users of the financial services system; or
(II) experts in finance or on the financial services
system; and
(ii) who are not employees of the Federal Government; and
(B) shall include representatives of business, agriculture,
and consumers.
(3) Chairperson.--The Secretary or the Secretary's designee
shall serve as Chairperson of the Advisory Commission.
(4) Travel expenses.--Members of the Advisory Commission
shall be allowed travel expenses, including per diem in lieu
of subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in performing services for the Advisory Commission.
(5) Termination.--The Advisory Commission shall terminate
30 days after the date of submission of the report required
under subsection (d).
(c) Recommendations.--Based on the results of the study
conducted under subsection (a), the Secretary shall develop
such recommendations as may be appropriate for changes in
statutes, regulations, and policies to improve the operation
of the financial services system, including changes to
better--
(1) meet the needs of, and assure access to the system for,
current and potential users;
(2) promote economic growth;
(3) protect consumers;
(4) promote competition and efficiency;
(5) avoid risk to the taxpayers;
(6) control systemic risk; and
(7) eliminate discrimination.
(d) Report.--Not later than 15 months after the date of
enactment of this Act, the Secretary shall submit to the
President pro tempore of the Senate and the Speaker of the
House of Representatives a report describing the study
conducted under subsection (a) and any recommendations
developed under subsection (c).
[[Page 1450]]
SEC. 211. FLEXIBILITY IN CHOOSING BOARDS OF DIRECTORS.
(a) In General.--Section 5146 of the Revised Statutes (12
U.S.C. 72) is amended in the 1st sentence, by striking ``two
thirds'' and inserting ``a majority''.
(b) Provision Repeal.--Effective on the date of enactment
of the Riegle Community Development and Regulatory
Improvement Act of 1994, this section and the amendment made
by this section are repealed.
And the Senate agree to the same.
From the Committee on Banking, Finance and Urban Affairs, for
consideration of the House bill, and the Senate amendment,
and modifications committed to conference:
Henry Gonzalez,
Steve Neal,
John J. LaFalce,
Bruce F. Vento,
Charles Schumer,
Barney Frank,
Paul E. Kanjorski,
Joseph Kennedy,
James Leach,
Bill McCollum,
Marge Roukema,
Doug Bereuter,
Tom Ridge,
As additional conferees from the Committee on Agriculture,
for consideration of sec. 109 of the Senate amendment, and
modifications committed to conference:
E de la Garza,
Charlie Stenholm,
Harold L. Volkmer,
Timothy J. Penny,
Tim Johnson,
Pat Roberts,
Larry Combest,
Wayne Allard,
As additional conferee from the Committee on Foreign Affairs,
for consideration of sec. 402 of the Senate amendment, and
modifications committed to conference:
Ben Gilman,
As additional conferees from the Committee on the Judiciary,
for consideration of secs. 101-03 of the House bill, and
title II and secs. 102-03 of the Senate amendment, and
modifications committed to conference:
R.L. Mazzoli,
Bill Hughes,
Dan Glickman,
Rick Boucher,
John Bryant,
Hamilton Fish,
Chas T. Canady,
Bob Goodlatte,
Managers on the Part of the House.
Don Riegle,
Paul Sarbanes,
Christopher Dodd,
Jim Sasser,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
On motion of Mr. NEAL of North Carolina, the previous question was
ordered on the conference report to its adoption or rejection and, under
the operation thereof, the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 90.7 community development banking and financial institutions
Mr. NEAL of North Carolina, pursuant to House Resolution 506, called
up the following conference report (Rept. No. 103-652):
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
3474), to reduce administrative requirements for insured
depository institutions to the extent consistent with safe
and sound banking practices, to facilitate the establishment
of community development financial institutions, and for
other purposes, having met, after full and free conference,
have agreed to recommend and do recommend to their respective
Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Riegle
Community Development and Regulatory Improvement Act of
1994''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--COMMUNITY DEVELOPMENT AND CONSUMER PROTECTION
Subtitle A--Community Development Banking and Financial Institutions
Act
Sec. 101. Short title.
Sec. 102. Findings and purposes.
Sec. 103. Definitions.
Sec. 104. Establishment of National Fund for Community Development
Banking.
Sec. 105. Applications for assistance.
Sec. 106. Community partnerships.
Sec. 107. Selection of institutions.
Sec. 108. Assistance provided by the Fund.
Sec. 109. Training.
Sec. 110. Encouragement of private entities.
Sec. 111. Collection and compilation of information.
Sec. 112. Investment of receipts and proceeds.
Sec. 113. Capitalization assistance to enhance liquidity.
Sec. 114. Incentives for depository institution participation.
Sec. 115. Recordkeeping.
Sec. 116. Special provisions with respect to institutions that are
supervised by Federal banking agencies.
Sec. 117. Studies and reports; examination and audit.
Sec. 118. Inspector General.
Sec. 119. Enforcement.
Sec. 120. Community Development Revolving Loan Fund for credit unions.
Sec. 121. Authorization of appropriations.
Subtitle B--Home Ownership and Equity Protection
Sec. 151. Short title.
Sec. 152. Consumer protections for certain mortgages.
Sec. 153. Civil liability.
Sec. 154. Reverse mortgage disclosure.
Sec. 155. Regulations.
Sec. 156. Applicability.
Sec. 157. Federal Reserve study.
Sec. 158. Hearings on home equity lending.
TITLE II--SMALL BUSINESS CAPITAL FORMATION
Subtitle A--Small Business Loan Securitization
Sec. 201. Short title.
Sec. 202. Small business related security.
Sec. 203. Applicability of margin requirements.
Sec. 204. Borrowing in the course of business.
Sec. 205. Small business related securities as collateral.
Sec. 206. Investment by depository institutions.
Sec. 207. Preemption of State law.
Sec. 208. Insured depository institution capital requirements for
transfers of small business obligations.
Sec. 209. Joint study on the impact of additional securities based on
pooled obligations.
Sec. 210. Consistent use of financial terminology.
Subtitle B--Small Business Capital Enhancement
Sec. 251. Findings and purposes.
Sec. 252. Definitions.
Sec. 253. Approving States for participation.
Sec. 254. Participation agreements.
Sec. 255. Terms of participation agreements.
Sec. 256. Reports.
Sec. 257. Reimbursement by the Fund.
Sec. 258. Reimbursement to the Fund.
Sec. 259. Regulations.
Sec. 260. Authorization of appropriations.
Sec. 261. Effective date.
TITLE III--PAPERWORK REDUCTION AND REGULATORY IMPROVEMENT
Sec. 301. Incorporated definitions.
Sec. 302. Administrative consideration of burden with new regulations.
Sec. 303. Streamlining of regulatory requirements.
Sec. 304. Elimination of duplicative filings.
Sec. 305. Coordinated and unified examinations.
Sec. 306. Eighteen-month examination rule for certain small
institutions.
Sec. 307. Call report simplification.
Sec. 308. Repeal of publication requirements.
Sec. 309. Regulatory appeals process, ombudsman, and alternative
dispute resolution.
Sec. 310. Electronic filing of currency transaction reports.
Sec. 311. Bank Secrecy Act publication requirements.
Sec. 312. Exemption of business loans from Real Estate Settlement
Procedures Act requirements.
Sec. 313. Flexibility in choosing boards of directors.
Sec. 314. Holding company audit requirements.
Sec. 315. State regulation of real estate appraisals.
Sec. 316. Acceleration of effective date for interaffiliate
transactions.
Sec. 317. Collateralization of public deposits.
Sec. 318. Modification of regulatory provisions.
Sec. 319. Expedited procedures.
Sec. 320. Exemption of certain holding company formations from
registration under the Securities Act of 1933.
Sec. 321. Reduction of post-approval waiting periods for certain
acquisitions and mergers.
Sec. 322. Bankers' banks.
Sec. 323. Bank Service Corporation Act amendment.
Sec. 324. Merger transaction reports.
Sec. 325. Credit card accounts receivable sales.
Sec. 326. Limiting potential liability on foreign accounts.
Sec. 327. GAO reports.
Sec. 328. Study and report on capital standards and their impact on the
economy.
Sec. 329. Study on the impact of the payment of interest on reserves.
Sec. 330. Study and report on the consumer credit system.
Sec. 331. Clarification of provisions relating to administrative
autonomy.
Sec. 332. Exemption for business accounts.
Sec. 333. Study on check-related fraud.
[[Page 1451]]
Sec. 334. Insider lending.
Sec. 335. Revisions of standards.
Sec. 336. Alternative rules for radio advertising.
Sec. 337. Deposit broker registration.
Sec. 338. Amendments to the Depository Institution Management
Interlocks Act.
Sec. 339. Adverse information about consumers.
Sec. 340. Simplified disclosure for existing depositors.
Sec. 341. Feasibility study of data bank.
Sec. 342. Timely completion of CRA review.
Sec. 343. Time limit on agency consideration of completed applications.
Sec. 344. Waiver of right of rescission for certain refinancing
transactions.
Sec. 345. Clarification of RESPA disclosure requirements.
Sec. 346. Notice procedures for bank holding companies to seek approval
to engage in certain activities.
Sec. 347. Commercial mortgage related securities.
Sec. 348. Clarifying amendment relating to data collection.
Sec. 349. Guidelines for examinations.
Sec. 350. Revising regulatory requirements for transfers of all types
of assets with recourse.
TITLE IV--MONEY LAUNDERING
Sec. 401. Short title.
Sec. 402. Reform of CTR exemption requirements to reduce number and
size of reports consistent with effective law
enforcement.
Sec. 403. Single designee for reporting of suspicious transactions.
Sec. 404. Improvement of identification of money laundering schemes.
Sec. 405. Negotiable instruments drawn on foreign banks subject to
recordkeeping and reporting requirements.
Sec. 406. Imposition of civil money penalties by appropriate Federal
banking agencies.
Sec. 407. Uniform State licensing and regulation of check cashing,
currency exchange, and money transmitting businesses.
Sec. 408. Registration of money transmitting businesses to promote
effective law enforcement.
Sec. 409. Uniform Federal regulation of casinos.
Sec. 410. Authority to grant exemptions to States with effective
regulation and enforcement.
Sec. 411. Criminal and civil penalties for structuring domestic and
international transactions.
Sec. 412. GAO study of cashiers' checks.
Sec. 413. Technical amendments and corrections.
TITLE V--NATIONAL FLOOD INSURANCE REFORM
Sec. 501. Short title.
Subtitle A--Definitions
Sec. 511. Flood Disaster Protection Act of 1973.
Sec. 512. National Flood Insurance Act of 1968.
Subtitle B--Compliance and Increased Participation
Sec. 521. Nonwaiver of flood purchase requirement for recipients of
Federal disaster assistance.
Sec. 522. Expanded flood insurance purchase requirements.
Sec. 523. Escrow of flood insurance payments.
Sec. 524. Placement of flood insurance by lenders.
Sec. 525. Penalties for failure to require flood insurance or notify.
Sec. 526. Fees for determining applicability of flood insurance
purchase requirements.
Sec. 527. Notice requirements.
Sec. 528. Standard hazard determination forms.
Sec. 529. Examinations regarding compliance.
Sec. 530. Financial Institutions Examination Council.
Sec. 531. Clerical amendment.
Subtitle C--Ratings and Incentives for Community Floodplain Management
Programs
Sec. 541. Community rating system and incentives for community
floodplain management.
Sec. 542. Funding.
Subtitle D--Mitigation of Flood Risks
Sec. 551. Repeal of flooded property purchase and loan program.
Sec. 552. Termination of erosion-threatened structures program.
Sec. 553. Mitigation assistance program.
Sec. 554. Establishment of National Flood Mitigation Fund.
Sec. 555. Additional coverage for compliance with land use and control
measures.
Subtitle E--Task Forces
Sec. 561. Flood Insurance Interagency Task Force.
Sec. 562. Task Force on Natural and Beneficial Functions of the
Floodplain.
Subtitle F--Miscellaneous Provisions
Sec. 571. Extension of flood insurance program.
Sec. 572. Limitation on premium increases.
Sec. 573. Maximum flood insurance coverage amounts.
Sec. 574. Flood insurance program arrangements with private insurance
entities.
Sec. 575. Updating of flood maps.
Sec. 576. Technical Mapping Advisory Council.
Sec. 577. Evaluation of erosion hazards.
Sec. 578. Study of economic effects of charging actuarially based
premium rates for pre-FIRM structures.
Sec. 579. Effective dates of policies.
Sec. 580. Agricultural structures.
Sec. 581. Implementation review by Director.
Sec. 582. Prohibited flood disaster assistance.
Sec. 583. Regulations.
Sec. 584. Relation to State and local laws.
TITLE VI--MISCELLANEOUS PROVISIONS
Sec. 601. Oversight hearings.
Sec. 602. Technical amendments to the Federal banking laws.
TITLE I--COMMUNITY DEVELOPMENT AND CONSUMER PROTECTION
Subtitle A--Community Development Banking and Financial Institutions
Act
SEC. 101. SHORT TITLE.
This subtitle may be cited as the ``Community Development
Banking and Financial Institutions Act of 1994''.
SEC. 102. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) many of the Nation's urban, rural, and Native American
communities face critical social and economic problems
arising in part from the lack of economic growth, people
living in poverty, and the lack of employment and other
opportunities;
(2) the restoration and maintenance of the economies of
these communities will require coordinated development
strategies, intensive supportive services, and increased
access to equity investments and loans for development
activities, including investment in businesses, housing,
commercial real estate, human development, and other
activities that promote the long-term economic and social
viability of the community; and
(3) community development financial institutions have
proven their ability to identify and respond to community
needs for equity investments, loans, and development
services.
(b) Purpose.--The purpose of this subtitle is to create a
Community Development Financial Institutions Fund to promote
economic revitalization and community development through
investment in and assistance to community development
financial institutions, including enhancing the liquidity of
community development financial institutions.
SEC. 103. DEFINITIONS.
For purposes of this subtitle, the following definitions
shall apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Fund appointed under section 104(b).
(2) Appropriate federal banking agency.--The term
``appropriate Federal banking agency'' has the same meaning
as in section 3 of the Federal Deposit Insurance Act, and
also includes the National Credit Union Administration Board
with respect to insured credit unions.
(3) Affiliate.--The term ``affiliate'' has the same meaning
as in section 2(k) of the Bank Holding Company Act of 1956.
(4) Board.--The term ``Board'' means the Community
Development Advisory Board established under section 104(d).
(5) Community development financial institution.--
(A) In general.--The term ``community development financial
institution'' means a person (other than an individual)
that--
(i) has a primary mission of promoting community
development;
(ii) serves an investment area or targeted population;
(iii) provides development services in conjunction with
equity investments or loans, directly or through a subsidiary
or affiliate;
(iv) maintains, through representation on its governing
board or otherwise, accountability to residents of its
investment area or targeted population; and
(v) is not an agency or instrumentality of the United
States, or of any State or political subdivision of a State.
(B) Conditions for qualification of holding companies.--
(i) Consolidated treatment.--A depository institution
holding company may qualify as a community development
financial institution only if the holding company and the
subsidiaries and affiliates of the holding company
collectively satisfy the requirements of subparagraph (A).
(ii) Exclusion of subsidiary or affiliate for failure to
meet consolidated treatment rule.--No subsidiary or affiliate
of a depository institution holding company may qualify as a
community development financial institution if the holding
company and the subsidiaries and affiliates of the holding
company do not collectively meet the requirements of
subparagraph (A).
(C) Conditions for subsidiaries.--No subsidiary of an
insured depository institution may qualify as a community
development financial institution if the insured depository
institution and its subsidiaries do not collectively meet the
requirements of subparagraph (A).
(6) Community partner.--The term ``community partner''
means a person (other than an individual) that provides
loans, equity investments, or development services, including
a depository institution holding company, an insured
depository institution, an insured credit union, a nonprofit
organization, a State or local government agency, a
[[Page 1452]]
quasi-governmental entity, and an investment company
authorized to operate pursuant to the Small Business
Investment Act of 1958.
(7) Community partnership.--The term ``community
partnership'' means an agreement between a community
development financial institution and a community partner to
provide development services, loans, or equity investments,
to an investment area or targeted population.
(8) Depository institution holding company.--The term
``depository institution holding company'' has the same
meaning as in section 3 of the Federal Deposit Insurance Act.
(9) Development services.--The term ``development
services'' means activities that promote community
development and are integral to lending or investment
activities, including--
(A) business planning;
(B) financial and credit counseling; and
(C) marketing and management assistance.
(10) Fund.--The term ``Fund'' means the Community
Development Financial Institutions Fund established under
section 104(a).
(11) Indian reservation.--The term ``Indian reservation''
has the same meaning as in section 4(10) of the Indian Child
Welfare Act of 1978, and shall include land held by
incorporated Native groups, regional corporations, and
village corporations, as defined in or established pursuant
to the Alaska Native Claims Settlement Act, public domain
Indian allotments, and former Indian reservations in the
State of Oklahoma.
(12) Indian tribe.--The term ``Indian tribe'' means any
Indian tribe, band, pueblo, nation, or other organized group
or community, including any Alaska Native village or regional
or village corporation, as defined in or established pursuant
to the Alaska Native Claims Settlement Act, which is
recognized as eligible for the special programs and services
provided by the United States to Indians because of their
status as Indians.
(13) Insured community development financial institution.--
The term ``insured community development financial
institution'' means any community development financial
institution that is an insured depository institution or an
insured credit union.
(14) Insured credit union.--The term ``insured credit
union'' has the same meaning as in section 101(7) of the
Federal Credit Union Act.
(15) Insured depository institution.--The term ``insured
depository institution'' has the same meaning as in section 3
of the Federal Deposit Insurance Act.
(16) Investment area.--The term ``investment area'' means a
geographic area (or areas) including an Indian reservation
that--
(A)(i) meets objective criteria of economic distress
developed by the Fund, which may include the percentage of
low-income families or the extent of poverty, the rate of
unemployment or underemployment, rural population
outmigration, lag in population growth, and extent of blight
and disinvestment; and
(ii) has significant unmet needs for loans or equity
investments; or
(B) encompasses or is located in an empowerment zone or
enterprise community designated under section 1391 of the
Internal Revenue Code of 1986.
(17) Low-income.--The term ``low-income'' means having an
income, adjusted for family size, of not more than--
(A) for metropolitan areas, 80 percent of the area median
income; and
(B) for nonmetropolitan areas, the greater of--
(i) 80 percent of the area median income; or
(ii) 80 percent of the statewide nonmetropolitan area
median income.
(18) State.--The term ``State'' has the same meaning as in
section 3 of the Federal Deposit Insurance Act.
(19) Subsidiary.--The term ``subsidiary'' has the same
meaning as in section 3 of the Federal Deposit Insurance Act,
except that a community development financial institution
that is a corporation shall not be considered to be a
subsidiary of any insured depository institution or
depository institution holding company that controls less
than 25 percent of any class of the voting shares of such
corporation, and does not otherwise control in any manner the
election of a majority of the directors of the corporation.
(20) Targeted population.--The term ``targeted population''
means individuals, or an identifiable group of individuals,
including an Indian tribe, who--
(A) are low-income persons; or
(B) otherwise lack adequate access to loans or equity
investments.
(21) Training program.--The term ``training program'' means
the training program operated by the Fund under section 109.
SEC. 104. ESTABLISHMENT OF NATIONAL FUND FOR COMMUNITY
DEVELOPMENT BANKING.
(a) Establishment.--
(1) In general.--There is established a corporation to be
known as the Community Development Financial Institutions
Fund that shall have the duties and responsibilities
specified by this subtitle and subtitle B of title II. The
Fund shall have succession until dissolved. The offices of
the Fund shall be in Washington, D.C. The Fund shall not be
affiliated with or be within any other agency or department
of the Federal Government.
(2) Wholly owned government corporation.--The Fund shall be
a wholly owned Government corporation in the executive branch
and shall be treated in all respects as an agency of the
United States, except as otherwise provided in this subtitle.
(b) Management of Fund.--
(1) Appointment of administrator.--The management of the
Fund shall be vested in an Administrator, who shall be
appointed by the President, by and with the advice and
consent of the Senate. The Administrator shall not engage in
any other business or employment during service as the
Administrator.
(2) Chief financial officer.--The Administrator shall
appoint a chief financial officer, who shall have the
authority and functions of an agency Chief Financial Officer
under section 902 of title 31, United States Code. In the
event of a vacancy in the position of the Administrator or
during the absence or disability of the Administrator, the
chief financial officer shall perform the duties of the
position of Administrator.
(3) Other officers and employees.--The Administrator may
appoint such other officers and employees of the Fund as the
Administrator determines to be necessary or appropriate.
(4) Expedited hiring.--During the 2-year period beginning
on the date of enactment of this Act, the Administrator may--
(A) appoint and terminate the individuals referred to in
paragraphs (2) and (3) without regard to the civil service
laws and regulations; and
(B) fix the compensation of the individuals referred to in
paragraph (3) without regard to the provisions of chapter 51
and subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay for such
individuals may not exceed the rate payable for level V of
the Executive Schedule under section 5316 of such title.
(c) General Powers.--In carrying out the functions of the
Fund, the Administrator--
(1) shall have all necessary and proper authority to carry
out this subtitle and subtitle B of title II;
(2) shall have the power to adopt, alter, and use a
corporate seal for the Fund, which shall be judicially
noticed;
(3) may adopt, amend, and repeal bylaws, rules, and
regulations governing the manner in which business of the
Fund may be conducted and such rules and regulations as may
be necessary or appropriate to implement this subtitle and
subtitle B of title II;
(4) may enter into, perform, and enforce such agreements,
contracts, and transactions as may be deemed necessary or
appropriate to the conduct of activities authorized under
this subtitle and subtitle B of title II;
(5) may determine the character of and necessity for
expenditures of the Fund and the manner in which they shall
be incurred, allowed, and paid;
(6) may utilize or employ the services of personnel of any
agency or instrumentality of the United States with the
consent of the agency or instrumentality concerned on a
reimbursable or nonreimbursable basis; and
(7) may execute all instruments necessary or appropriate in
the exercise of any of the functions of the Fund under this
subtitle and subtitle B of title II and may delegate to the
officers of the Fund such of the powers and responsibilities
of the Administrator as the Administrator deems necessary or
appropriate for the administration of the Fund.
(d) Advisory Board.--
(1) Establishment.--There is established an advisory board
to the Fund to be known as the Community Development Advisory
Board, which shall be operated in accordance with the
provisions of the Federal Advisory Committee Act, except that
section 14 of that Act does not apply to the Board.
(2) Membership.--The Board shall consist of 15 members,
including--
(A) the Secretary of Agriculture or his or her designee;
(B) the Secretary of Commerce or his or her designee;
(C) the Secretary of Housing and Urban Development or his
or her designee;
(D) the Secretary of the Interior or his or her designee;
(E) the Secretary of the Treasury or his or her designee;
(F) the Administrator of the Small Business Administration
or his or her designee; and
(G) 9 private citizens, appointed by the President, who
shall be selected, to the maximum extent practicable, to
provide for national geographic representation and racial,
ethnic, and gender diversity, including--
(i) 2 individuals who are officers of existing community
development financial institutions;
(ii) 2 individuals who are officers of insured depository
institutions;
(iii) 2 individuals who are officers of national consumer
or public interest organizations;
(iv) 2 individuals who have expertise in community
development; and
(v) 1 individual who has personal experience and
specialized expertise in the unique lending and community
development issues confronted by Indian tribes on Indian
reservations.
(3) Chairperson.--The members of the Board specified in
paragraph (2)(G) shall select, by majority vote, a
chairperson of the Board, who shall serve for a term of 2
years.
(4) Board function.--It shall be the function of the Board
to advise the Administrator on the policies of the Fund
regarding activities under this subtitle. The Board shall not
advise the Administrator on the granting or denial of any
particular application.
[[Page 1453]]
(5) Terms of private members.--
(A) In general.--Each member of the Board appointed under
paragraph (2)(G) shall serve for a term of 4 years.
(B) Vacancies.--Any member appointed to fill a vacancy
occurring prior to the expiration of the term for which the
previous member was appointed shall be appointed for the
remainder of such term. Members may continue to serve
following the expiration of their terms until a successor is
appointed.
(6) Meetings.--The Board shall meet at least annually and
at such other times as requested by the Administrator or the
chairperson. A majority of the members of the Board shall
constitute a quorum.
(7) Reimbursement for expenses.--The members of the Board
may receive reimbursement for travel, per diem, and other
necessary expenses incurred in the performance of their
duties, in accordance with the Federal Advisory Committee
Act.
(8) Costs and expenses.--The Fund shall provide to the
Board all necessary staff and facilities.
(e) Conforming Amendments.--Section 9101(3) of title 31,
United States Code, is amended--
(1) by redesignating subparagraphs (B) through (M) as
subparagraphs (C) through (N), respectively; and
(2) by inserting after subparagraph (A) the following new
subparagraph:
``(B) the Community Development Financial Institutions
Fund;''.
(f) Government Corporation Control Act Exemption.--Section
9107(b) of title 31, United States Code, shall not apply to
deposits of the Fund made pursuant to section 108.
(g) Limitation of Fund and Federal Liability.--The
liability of the Fund and the United States Government
arising out of any investment in a community development
financial institution in accordance with this subtitle shall
be limited to the amount of the investment. The Fund shall be
exempt from any assessments and other liabilities that may be
imposed on controlling or principal shareholders by any
Federal law or the law of any State, Territory, or the
District of Columbia. Nothing in this subsection shall affect
the application of any Federal tax law.
(h) Prohibition on Issuance of Securities.--The Fund may
not issue stock, bonds, debentures, notes, or other
securities.
(i) Compensation.--Title 5, United States Code, is amended
in section 5313, by adding at the end the following:
``Administrator of the Community Development Financial
Institutions Fund.''.
(j) Assisted Institutions Not United States
Instrumentalities.--A community development financial
institution or other organization that receives assistance
pursuant to this subtitle shall not be deemed to be an
agency, department, or instrumentality of the United States.
(k) Transition Period.--
(1) In general.--During the transition period, the
Secretary of the Treasury may--
(A) assist in the establishment of the administrative
functions of the Fund listed in paragraph (2); and
(B) hire not more than 6 individuals to serve as employees
of the Fund during the transition period;
(2) Continued service.--Individuals hired in accordance
with paragraph (1)(B) may continue to serve as employees of
the Fund after the transition period.
(3) Administrative functions.--The administrative functions
referred to in paragraph (1)(A) shall be limited to--
(A) establishing accounting, information, and recordkeeping
systems for the Fund; and
(B) procuring office space, equipment, and supplies.
(4) Expedited hiring.--During the transition period, the
Secretary of the Treasury may--
(A) appoint and terminate the individuals referred to in
paragraph (1)(B) without regard to the civil service laws and
regulations; and
(B) fix the compensation of the individuals referred to in
paragraph (1)(B) without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay for such
individuals may not exceed the rate payable for level V of
the Executive Schedule under section 5316 of such title.
(5) Certain employees.--During the transition period,
employees of the Department of the Treasury may only comprise
less than one-half of the total number of individuals hired
in accordance with paragraph (1)(B).
(6) Transition expenses.--Amounts previously appropriated
to the Department of the Treasury may be used to pay
obligations and expenses of the Fund incurred under this
section, and such amounts may be reimbursed by the Fund to
the Department of the Treasury from amounts appropriated to
the Fund for fiscal year 1995.
(7) Definition.--For purposes of this subsection, the term
``transition period'' means the period beginning on the date
of enactment of this Act and ending on the date on which the
Administrator is appointed.
SEC. 105. APPLICATIONS FOR ASSISTANCE.
(a) Form and Procedures.--An application for assistance
under this subtitle shall be submitted in such form and in
accordance with such procedures as the Fund shall establish.
(b) Minimum Requirements.--Except as provided in sections
106 and 113, the Fund shall require an application--
(1) to establish that the applicant is, or will be, a
community development financial institution;
(2) to include a comprehensive strategic plan for the
organization that contains--
(A) a business plan of not less than 5 years in duration
that demonstrates that the applicant will be properly managed
and will have the capacity to operate as a community
development financial institution that will not be dependent
upon assistance from the Fund for continued viability;
(B) an analysis of the needs of the investment area or
targeted population and a strategy for how the applicant will
attempt to meet those needs;
(C) a plan to coordinate use of assistance from the Fund
with existing Federal, State, local, and tribal government
assistance programs, and private sector financial services;
(D) an explanation of how the proposed activities of the
applicant are consistent with existing economic, community,
and housing development plans adopted by or applicable to an
investment area or targeted population; and
(E) a description of how the applicant will coordinate with
community organizations and financial institutions which will
provide equity investments, loans, secondary markets, or
other services to investment areas or targeted populations;
(3) to include a detailed description of the applicant's
plans and likely sources of funds to match the amount of
assistance requested from the Fund;
(4) in the case of an applicant that has previously
received assistance under this subtitle, to demonstrate that
the applicant--
(A) has substantially met its performance goals and
otherwise carried out its responsibilities under this
subtitle and the assistance agreement; and
(B) will expand its operations into a new investment area
or serve a new targeted population, offer more products or
services, or increase the volume of its business;
(5) in the case of an applicant with a prior history of
serving investment areas or targeted populations, to
demonstrate that the applicant--
(A) has a record of success in serving investment areas or
targeted populations; and
(B) will expand its operations into a new investment area
or to serve a new targeted population, offer more products or
services, or increase the volume of its current business; and
(6) to include such other information as the Fund deems
appropriate.
(c) Preapplication Outreach Program.--The Fund shall
provide an outreach program to identify and provide
information to potential applicants and may provide technical
assistance to potential applicants, but shall not assist in
the preparation of any application.
SEC. 106. COMMUNITY PARTNERSHIPS.
(a) Application.--An application for assistance may be
filed jointly by a community development financial
institution and a community partner to carry out a community
partnership.
(b) Application Requirements.--The Fund shall require a
community partnership application--
(1) to meet the minimum requirements established for
community development financial institutions under section
105(b), except that the criteria specified in paragraphs (1)
and (2)(A) of section 105(b) shall not apply to the community
partner;
(2) to describe how each coapplicant will participate in
carrying out the community partnership and how the
partnership will enhance activities serving the investment
area or targeted population; and
(3) to demonstrate that the community partnership
activities are consistent with the strategic plan submitted
by the community development financial institution
coapplicant.
(c) Selection Criteria.--The Fund shall consider a
community partnership application based on--
(1) the community development financial institution
coapplicant--
(A) meeting the minimum selection criteria described in
section 105; and
(B) satisfying the selection criteria of section 107;
(2) the extent to which the community partner coapplicant
will participate in carrying out the partnership;
(3) the extent to which the community partnership will
enhance the likelihood of success of the community
development financial institution coapplicant's strategic
plan; and
(4) the extent to which service to the investment area or
targeted population will be better performed by a partnership
as opposed to the individual community development financial
institution coapplicant.
(d) Limitation on Distribution of Assistance.--Assistance
provided upon approval of an application under this section
shall be distributed only to the community development
financial institution coapplicant, and shall not be used to
fund any activities carried out directly by the community
partner or an affiliate or subsidiary thereof.
(e) Other Requirements and Limitations.--All other
requirements and limitations imposed by this subtitle on a
community development financial institution assisted under
this subtitle shall apply (in the manner that the Fund
determines to be appropriate) to assistance provided to carry
out community partnerships. The Fund may establish additional
guidelines and restrictions on the use of Federal funds to
carry out community partnerships.
[[Page 1454]]
SEC. 107. SELECTION OF INSTITUTIONS.
(a) Selection Criteria.--Except as provided in section 113,
the Fund shall, in its sole discretion, select community
development financial institution applicants meeting the
requirements of section 105 for assistance based on--
(1) the likelihood of success of the applicant in meeting
the goals of its comprehensive strategic plan;
(2) the experience and background of the management team;
(3) the extent of need for equity investments, loans, and
development services within the investment areas or targeted
populations;
(4) the extent of economic distress within the investment
areas or the extent of need within the targeted populations,
as those factors are measured by objective criteria;
(5) the extent to which the applicant will concentrate its
activities on serving its investment areas or targeted
populations;
(6) the amount of firm commitments to meet or exceed the
matching requirements and the likely success of the plan for
raising the balance of the match;
(7) the extent to which the matching funds are derived from
private sources;
(8) the extent to which the proposed activities will expand
economic opportunities within the investment areas or the
targeted populations;
(9) whether the applicant is, or will become, an insured
community development financial institution;
(10) the extent of support from the investment areas or
targeted populations;
(11) the extent to which the applicant is, or will be,
community-owned or community-governed;
(12) the extent to which the applicant will increase its
resources through coordination with other institutions or
participation in a secondary market;
(13) in the case of an applicant with a prior history of
serving investment areas or targeted populations, the extent
of success in serving them; and
(14) other factors deemed to be appropriate by the Fund.
(b) Geographic Diversity.--In selecting applicants for
assistance, the Fund shall seek to fund a geographically
diverse group of applicants, which shall include applicants
from metropolitan, nonmetropolitan, and rural areas.
SEC. 108. ASSISTANCE PROVIDED BY THE FUND.
(a) Forms of Assistance.--
(1) In general.--The Fund may provide--
(A) financial assistance through equity investments,
deposits, credit union shares, loans, and grants; and
(B) technical assistance--
(i) directly;
(ii) through grants; or
(iii) by contracting with organizations that possess
expertise in community development finance, without regard to
whether the organizations receive or are eligible to receive
assistance under this subtitle.
(2) Equity investments.--
(A) Limitation on equity investments.--The Fund shall not
own more than 50 percent of the equity of a community
development financial institution and may not control the
operations of such institution. The Fund may hold only
transferable, nonvoting equity investments in the
institution. Such equity investments may provide for
convertibility to voting stock upon transfer by the Fund.
(B) Fund deemed not to control.--Notwithstanding any other
provision of law, the Fund shall not be deemed to control a
community development financial institution by reason of any
assistance provided under this subtitle for the purpose of
any other applicable law to the extent that the Fund complies
with subparagraph (A). Nothing in this subparagraph shall
affect the application of any Federal tax law.
(3) Deposits.--Deposits made pursuant to this section in an
insured community development financial institution shall not
be subject to any requirement for collateral or security.
(4) Limitations on obligations.--Direct loan obligations
may be incurred by the Fund only to the extent that
appropriations of budget authority to cover their cost, as
defined in section 502(5) of the Congressional Budget Act of
1974, are made in advance.
(b) Uses of Financial Assistance.--
(1) In general.--Financial assistance made available under
this subtitle may be used by assisted community development
financial institutions to serve investment areas or targeted
populations by developing or supporting--
(A) commercial facilities that promote revitalization,
community stability, or job creation or retention;
(B) businesses that--
(i) provide jobs for low-income people or are owned by low-
income people; or
(ii) enhance the availability of products and services to
low-income people;
(C) community facilities;
(D) the provision of basic financial services;
(E) housing that is principally affordable to low-income
people, except that assistance used to facilitate
homeownership shall only be used for services and lending
products--
(i) that serve low-income people; and
(ii) that--
(I) are not provided by other lenders in the area; or
(II) complement the services and lending products provided
by other lenders that serve the investment area or targeted
population; and
(F) other businesses and activities deemed appropriate by
the Fund.
(2) Limitations.--No assistance made available under this
subtitle may be expended by a community development financial
institution (or an organization receiving assistance under
section 113) to pay any person to influence or attempt to
influence any agency, elected official, officer, or employee
of a State or local government in connection with the making,
award, extension, continuation, renewal, amendment, or
modification of any State or local government contract,
grant, loan, or cooperative agreement (as such terms are
defined in section 1352 of title 31, United States Code).
(c) Uses of Technical Assistance.--
(1) Types of activities.--Technical assistance may be used
for activities that enhance the capacity of a community
development financial institution, such as training of
management and other personnel and development of programs
and investment or loan products.
(2) Availability of technical assistance.--The Fund may
provide technical assistance, regardless of whether or not
the recipient also receives financial assistance under this
section.
(d) Amount of Assistance.--
(1) In general.--Except as provided in paragraph (2), the
Fund may provide not more than $5,000,000 of assistance, in
the aggregate, during any 3-year period to any 1 community
development financial institution and its subsidiaries and
affiliates.
(2) Exception.--The Fund may provide not more than
$3,750,000 of assistance in addition to the amount specified
in paragraph (1) during the same 3-year period to an existing
community development financial institution that proposes to
establish a subsidiary or affiliate for the purpose of
serving an investment area or targeted population outside of
any State and outside of any metropolitan area presently
served by the institution, if--
(A) the subsidiary or affiliate--
(i) would be a community development financial institution;
and
(ii) independently--
(I) meets the selection criteria described in section 105;
and
(II) satisfies the selection criteria of section 107; and
(B) no other application for assistance to serve the
investment area or targeted population has been submitted to
the Administrator within a reasonable period of time
preceding the date of receipt of the application at issue.
(3) Timing of assistance.--Assistance may be provided as
described in paragraphs (1) and (2) in a lump sum or over a
period of time, as determined by the Fund.
(e) Matching Requirements.--
(1) In general.--Assistance other than technical assistance
shall be matched with funds from sources other than the
Federal Government on the basis of not less than one dollar
for each dollar provided by the Fund. Such matching funds
shall be at least comparable in form and value to assistance
provided by the Fund. The Fund shall provide no assistance
(other than technical assistance) until a community
development financial institution has secured firm
commitments for the matching funds required.
(2) Exception.--In the case of an applicant with severe
constraints on available sources of matching funds, the Fund
may permit an applicant to comply with the matching
requirements of paragraph (1) by--
(A) reducing such matching requirement by 50 percent; or
(B) permitting an applicant to provide matching funds in a
form to be determined at the discretion of the Fund, if such
applicant--
(i) has total assets of less than $100,000;
(ii) serves nonmetropolitan or rural areas; and
(iii) is not requesting more than $25,000 in assistance.
(3) Limitation.--Not more than 25 percent of the total
funds disbursed in any fiscal year by the Fund may be matched
as authorized under paragraph (2).
(4) Construction of ``federal government funds''.--For
purposes of this subsection, notwithstanding section
105(a)(9) of the Housing and Community Development Act of
1974, funds provided pursuant to such Act shall be considered
to be Federal Government funds.
(f) Terms and Conditions.--
(1) Soundness of unregulated institutions.--The Fund
shall--
(A) ensure, to the maximum extent practicable, that each
community development financial institution (other than an
insured community development financial institution or
depository institution holding company) assisted under this
subtitle is financially and managerially sound and maintains
appropriate internal controls;
(B) require such institution to submit, not less than once
during each 18-month period, a statement of financial
condition audited by an independent certified public
accountant as part of the report required by section
115(e)(1); and
(C) require that all assistance granted under this section
is used by the community development financial institution or
community development partnership in a manner consistent with
the purposes of this subtitle.
(2) Assistance agreement.--
(A) In general.--Before providing any assistance under this
subtitle, the Fund and each community development financial
institution to be assisted shall enter into an agreement that
requires the institution to comply with performance goals and
abide by
[[Page 1455]]
other terms and conditions pertinent to assistance received
under this subtitle.
(B) Performance goals.--Performance goals shall be
negotiated between the Fund and each community development
financial institution receiving assistance based upon the
strategic plan submitted pursuant to section 105(b)(2). Such
goals may be modified with the consent of the parties, or as
provided in subparagraph (C). Performance goals for insured
community development financial institutions shall be
determined in consultation with the appropriate Federal
banking agency.
(C) Sanctions.--The agreement shall provide that, in the
event of fraud, mismanagement, noncompliance with this
subtitle, or noncompliance with the terms of the agreement,
the Fund, in its discretion, may--
(i) require changes to the performance goals imposed
pursuant to subparagraph (B);
(ii) require changes to the strategic plan submitted
pursuant to section 105(b)(2);
(iii) revoke approval of the application;
(iv) reduce or terminate assistance;
(v) require repayment of assistance;
(vi) bar an applicant from reapplying for assistance from
the Fund; and
(vii) take such other actions as the Fund deems
appropriate.
(D) Consultation with tribal governments.--In reviewing the
performance of any assisted community development financial
institution, the investment area of which includes an Indian
reservation, or the targeted population of which includes an
Indian tribe, the Fund shall consult with, and seek input
from, any appropriate tribal government.
(g) Authority To Sell Equity Investments and Loans.--The
Fund may, at any time, sell its equity investments and loans,
but the Fund shall retain the power to enforce limitations on
assistance entered into in accordance with the requirements
of this subtitle until the performance goals related to the
investment or loan have been met.
(h) No Authority To Limit Supervision and Regulation.--
Nothing in this subtitle shall affect any authority of the
appropriate Federal banking agency to supervise and regulate
any institution or company.
SEC. 109. TRAINING.
(a) In General.--The Fund may operate a training program to
increase the capacity and expertise of community development
financial institutions and other members of the financial
services industry to undertake community development finance
activities.
(b) Program Activities.--The training program shall provide
educational programs to assist community development
financial institutions and other members of the financial
services industry in developing lending and investment
products, underwriting and servicing loans, managing equity
investments, and providing development services targeted to
areas of economic distress, low-income persons, and persons
who lack adequate access to loans and equity investments.
(c) Participation.--The training program shall be made
available to community development financial institutions and
other members of the financial services industry that serve
or seek to serve areas of economic distress, low-income
persons, and persons who lack adequate access to loans and
equity investments.
(d) Contracting.--The Fund may offer the training program
described in this section directly or through a contract with
other organizations. The Fund may contract to provide the
training program through organizations that possess special
expertise in community development, without regard to whether
the organizations receive or are eligible to receive
assistance under this subtitle.
(e) Coordination.--The Fund shall coordinate with other
appropriate Federal departments or agencies that operate
similar training programs in order to prevent duplicative
efforts.
(f) Regulatory Fee for Providing Training Services.--
(1) General rule.--The Fund may, at the discretion of the
Administrator and in accordance with this subsection, assess
and collect regulatory fees solely to cover the costs of the
Fund in providing training services under a training program
operated in accordance with this section.
(2) Persons subject to fee.--Fees may be assessed under
paragraph (1) only on persons who participate in the training
program.
(3) Limitation on manner of collection.--Fees may be
assessed and collected under this subsection only in such
manner as may reasonably be expected to result in the
collection of an aggregate amount of fees during any fiscal
year which does not exceed the aggregate costs of the Fund
for such year in providing training services under a training
program operated in accordance with this section
(4) Limitation on amount of fee.--The amount of any fee
assessed under this subsection on any person may not exceed
the amount which is reasonably based on the proportion of the
training services provided under a training program operated
in accordance with this section which relate to such person.
SEC. 110. ENCOURAGEMENT OF PRIVATE ENTITIES.
The Fund may facilitate the organization of corporations in
which the Federal Government has no ownership interest. The
purpose of any such entity shall be to assist community
development financial institutions in a manner that is
complementary to the activities of the Fund under this
subtitle. Any such entity shall be managed exclusively by
persons not employed by the Federal Government or any agency
or instrumentality thereof, or by any State or local
government or any agency or instrumentality thereof.
SEC. 111. COLLECTION AND COMPILATION OF INFORMATION.
The Fund shall--
(1) collect and compile information pertinent to community
development financial institutions that will assist in
creating, developing, expanding, and preserving such
institutions; and
(2) make such information available to promote the purposes
of this subtitle.
SEC. 112. INVESTMENT OF RECEIPTS AND PROCEEDS.
(a) Establishment of Account.--Any dividends on equity
investments and proceeds from the disposition of investments,
deposits, or credit union shares that are received by the
Fund as a result of assistance provided pursuant to section
108 or 113, and any fees received pursuant to section 109(f)
shall be deposited and accredited to an account of the Fund
in the United States Treasury (hereafter in this section
referred to as ``the account'') established to carry out the
purpose of this subtitle.
(b) Investments.--Upon request of the Administrator, the
Secretary of the Treasury shall invest amounts deposited in
the account in public debt securities with maturities
suitable to the needs of the Fund, as determined by the
Administrator, and bearing interest at rates determined by
the Secretary of the Treasury, comparable to current market
yields on outstanding marketable obligations of the United
States of similar maturities.
(c) Availability.--Amounts deposited into the account and
interest earned on such amounts pursuant to this section
shall be available to the Fund until expended.
SEC. 113. CAPITALIZATION ASSISTANCE TO ENHANCE LIQUIDITY.
(a) Assistance.--
(1) In general.--The Fund may provide assistance for the
purpose of providing capital to organizations to purchase
loans or otherwise enhance the liquidity of community
development financial institutions, if--
(A) the primary purpose of such organizations is to promote
community development; and
(B) any assistance received is matched with funds--
(i) from sources other than the Federal Government;
(ii) on the basis of not less than one dollar for each
dollar provided by the Fund; and
(iii) that are comparable in form and value to the
assistance provided by the Fund.
(2) Limitation on other assistance.--An organization that
receives assistance under this section may not receive other
financial or technical assistance under this subtitle.
(3) Construction of federal government funds.--For purposes
of this subsection, notwithstanding section 105(a)(9) of the
Housing and Community Development Act of 1974, funds provided
pursuant to such Act shall be considered to be Federal
Government funds.
(b) Selection.--The selection of organizations to receive
assistance under this section shall be at the discretion of
the Fund and in accordance with criteria established by the
Fund. In establishing such criteria, the Fund shall take into
account the criteria contained in sections 105(b) and 107, as
appropriate.
(c) Amount of Assistance.--The Fund may provide a total of
not more than $5,000,000 of assistance to an organization or
its subsidiaries or affiliates under this section during any
3-year period. Assistance may be provided in a lump sum or
over a period of time, as determined by the Fund.
(d) Audit and Report Requirements.--Organizations that
receive assistance from the Fund in accordance with this
section shall--
(1) submit to the Fund, not less than once in every 18-
month period, financial statements audited by an independent
certified public accountant, as part of the report required
by paragraph (2);
(2) submit an annual report on its activities; and
(3) keep such records as may be necessary to disclose the
manner in which any assistance under this section is used.
(e) Limitations on Liability.--
(1) Liability of fund.--The liability of the Fund and the
United States Government arising out of the provision of
assistance to any organization in accordance with this
section shall be limited to the amount of such assistance.
The Fund shall be exempt from any assessments and any other
liabilities that may be imposed on controlling or principal
shareholders by any Federal law or the law of any State, or
territory. Nothing in this paragraph shall affect the
application of Federal tax law.
(2) Liability of government.--This section does not oblige
the Federal Government, either directly or indirectly, to
provide any funds to any organization assisted pursuant to
this section, or to honor, reimburse, or otherwise guarantee
any obligation or liability of such an organization. This
section shall not be construed to imply that any such
organization or any obligations or securities of any such
organization are backed by the full faith and credit of the
United States.
(f) Use of Proceeds.--Any proceeds from the sale of loans
by an organization assisted under this section shall be used
by the seller for community development purposes.
SEC. 114. INCENTIVES FOR DEPOSITORY INSTITUTION
PARTICIPATION.
(a) Function of Administrator.--
[[Page 1456]]
(1) In general.--Of any funds appropriated pursuant to the
authorization in section 121(a), the funds made available for
use in carrying out this section in accordance with section
121(a)(4) shall be administered by the Administrator of the
Fund, in consultation with--
(A) the Federal banking agencies (as defined in section 3
of the Federal Deposit Insurance Act) and the National Credit
Union Administration;
(B) the individuals named pursuant to clauses (ii) and (iv)
of section 104(d)(2)(G); and
(C) any other representatives of insured depository
institutions or other persons as the Administrator may
determine to be appropriate.
(2) Applicability of bank enterprise act of 1991.--Subject
to subsection (b) and the consultation requirement of
paragraph (1)--
(A) section 233 of the Bank Enterprise Act of 1991 shall be
applicable to the Administrator, for purposes of this
section, in the same manner and to the same extent that such
section is applicable to the Community Enterprise Assessment
Credit Board;
(B) the Administrator shall, for purposes of carrying out
this section and section 233 of the Bank Enterprise Act of
1991--
(i) have all powers and rights of the Community Enterprise
Assessment Credit Board under section 233 of the Bank
Enterprise Act of 1991 to administer and enforce any
provision of such section 233 which is applicable to the
Administrator under this section; and
(ii) shall be subject to the same duties and restrictions
imposed on the Community Enterprise Assessment Credit Board;
and
(C) the Administrator shall--
(i) have all powers and rights of an appropriate Federal
banking agency under section 233(b)(2) of the Bank Enterprise
Act of 1991 to approve or disapprove the designation of
qualified distressed communities for purposes of this section
and provide information and assistance with respect to any
such designation; and
(ii) shall be subject to the same duties imposed on the
appropriate Federal banking agencies under such section
233(b)(2).
(3) Awards.--The Administrator shall determine the amount
of assessment credits, and shall make awards of those
credits.
(4) Regulations and guidelines.--The Administrator may
prescribe such regulations and issue such guidelines as the
Administrator determines to be appropriate to carry out this
section.
(5) Exceptions to applicability.--Notwithstanding
paragraphs (1) through (4) of this subsection, subsections
(a)(1) and (e)(2) of section 233 of the Bank Enterprise Act
of 1991, and any other provision of the Federal Deposit
Insurance Act relating to the Bank Enterprise Act of 1991, do
not apply to the Administrator for purposes of this subtitle.
(b) Provisions Relating to Administration of This
Section.--
(1) New lifeline accounts.--In applying section 233 of the
Bank Enterprise Act of 1991 for purposes of this section, the
Administrator shall treat the provision of new lifeline
accounts by an insured depository institution as an activity
which is qualified to be taken into account under section
233(a)(2)(A) of such Act.
(2) Determination of assessment credit.--For the purpose of
this subtitle, section 233(a)(3) of the Bank Enterprise Act
of 1991 (12 U.S.C. 1834a(a)(3)) shall be applied by
substituting the following text:
``(3) Amount of assessment credit.--The amount of an
assessment credit which may be awarded to an insured
depository institution to carry out the qualified activities
of the institution or of the subsidiaries of the institution
pursuant to this section for any semiannual period shall be
equal to the sum of--
``(A) with respect to qualifying activities described in
paragraph (2)(A), the amount which is equal to--
``(i) 5 percent of the sum of the amounts determined under
such subparagraph, in the case of an institution which is not
a community development financial institution; or
``(ii) 15 percent of the sum of the amounts determined
under such subparagraph, in the case of an institution which
is a community development financial institution; and
``(B) with respect to qualifying activities described in
paragraph (2)(C), 15 percent of the amounts determined under
such subparagraph.''.
(3) Adjustment of percentage.--Section 233(a)(5) of the
Bank Enterprise Act of 1991 shall be applied for purposes of
this section by--
(A) substituting ``institutions which are community
development financial institutions'' for ``institutions which
meet the community development organization requirements
under section 234''; and
(B) substituting ``institutions which are not community
development financial institutions'' for ``institutions which
do not meet such requirements''.
(4) Designation of qdc.--Section 233(b)(2) of the Bank
Enterprise Act of 1991 shall be applied for purposes this
section without regard to subparagraph (A)(ii) of such
section 233(b)(2).
(5) Operation on annual basis.--The Administrator may, in
the Administrator's discretion, apply section 233 of the Bank
Enterprise Act of 1991 for purposes of this section by
providing community enterprise assessment credits with
respect to annual periods rather than semiannual periods.
(6) Outreach.--The Administrator shall ensure that
information about the Bank Enterprise Act of 1991 under this
section is widely disseminated to all interested parties.
(7) Qualified activities.--For the purpose of this
subtitle, section 233(a)(2)(A) of the Bank Enterprise Act of
1991 shall be applied by inserting ``of the increase'' after
``the amount''.
(c) Technical and Conforming Amendments to the Bank
Enterprise Act of 1991.--
(1) Assistance to cdfi may be taken into account as
qualifying activity.--Section 233(a)(2) of the Bank
Enterprise Act of 1991 (12 U.S.C. 1834a(a)(2)) is amended--
(A) in the material preceding subparagraph (A), by striking
``shall be eligible'' and inserting ``may apply for'';
(B) in subparagraph (A), by striking ``financial
assistance'' and inserting ``assistance'';
(C) by striking ``and'' at the end of subparagraph (A);
(D) by striking the period at the end of subparagraph (B)
and inserting ``; and''; and
(E) by adding at the end the following new subparagraph;
``(C) any increase during the period in the amount of new
equity investments in community development financial
institutions.''.
(2) Additional assistance which may be considered as
qualifying activities.--Section 233(a)(4) of the Bank
Enterprise Act of 1991 (12 U.S.C. 1834a(a)(4)) is amended--
(A) in the material preceding subparagraph (A), by striking
``financial''; and
(B) by adding at the end the following new subparagraphs:
``(L) Loans made for the purpose of developing or
supporting--
``(i) commercial facilities that enhance revitalization,
community stability, or job creation and retention efforts;
``(ii) business creation and expansion efforts that--
``(I) create or retain jobs for low-income people;
``(II) enhance the availability of products and services to
low-income people; or
``(III) create or retain businesses owned by low-income
people or residents of a targeted area;
``(iii) community facilities that provide benefits to low-
income people or enhance community stability;
``(iv) home ownership opportunities that are affordable to
low-income households;
``(v) rental housing that is principally affordable to low-
income households; and
``(vi) other activities deemed appropriate by the Board.
``(M) The provision of technical assistance to residents of
qualified distressed communities in managing their personal
finances through consumer education programs either sponsored
or offered by insured depository institutions.
``(N) The provision of technical assistance and consulting
services to newly formed small businesses located in
qualified distressed communities.
``(O) The provision of technical assistance to, or
servicing the loans of low- or moderate-income homeowners and
homeowners located in qualified distressed communities.''.
(3) Restriction on adjustment of percentages.--Section
233(a)(5) of the Bank Enterprise Act of 1991 (12 U.S.C.
1834a(a)(5) is amended by striking ``paragraph (3)'' and
inserting ``paragraph(3)(A)''.
(4) Credit limited to originations by institutions.--
Section 233(a)(6) of the Bank Enterprise Act of 1991 (12
U.S.C. 1834a(a)(6)) is amended by striking ``Investments by
any insured depository institution in loans and securities''
and inserting ``Loans, financial assistance, and equity
investments made by any insured depository institution''.
(5) Quantitative analysis of technical assistance.--Section
233(a) of the Bank Enterprise Act of 1991 (12 U.S.C.
1834a(a)) is amended by adding at the end the following new
paragraph:
``(7) Quantitative analysis of technical assistance.--The
Board may establish guidelines for analyzing the technical
assistance described in subparagraphs (M), (N), and (O) of
paragraph (4) for the purpose of quantifying the results of
such assistance in determining the amount of any community
assessment credit under this subsection.''.
(6) Prohibition on Double Funding for Same Activities.--
Section 233 of the Bank Enterprise Act of 1991 (12 U.S.C.
1834a) is amended--
(A) by redesignating subsection (g) as subsection (j); and
(B) by inserting after subsection (f) the following new
subsection:
``(g) Prohibition on Double Funding for Same Activities.--
No community development financial institution may receive a
community enterprise assessment credit if such institution,
either directly or through a community partnership--
``(1) has received assistance within the preceding 12-month
period, or has an application for assistance pending, under
section 105 of the Community Development Banking and
Financial Institutions Act of 1994; or
``(2) has ever received assistance, under section 108 of
the Community Development Banking and Financial Institutions
Act of 1994, for the same activity during the same semiannual
period for which the institution seeks a community enterprise
assessment credit under this section.''.
(7) Additional administrative requirements.--Section 233 of
the Bank Enterprise Act of 1991 (12 U.S.C. 1834a) is amended
by inserting after subsection (g) (as added by paragraph (6)
of this subsection) the following new subsections:
[[Page 1457]]
``(h) Priority of Awards.--
``(1) Qualifying loans and services.--
``(A) In general.--If the amount of funds appropriated for
purposes of carrying out this section for any fiscal year are
insufficient to award the amount of assessment credits for
which insured depository institutions have applied and are
eligible under this section, the Board shall, in awarding
community enterprise assessment credits for qualifying
activities under subparagraphs (A) and (B) of subsection
(a)(2) for any semiannual period for which such appropriation
is available, determine which institutions shall receive an
award.
``(B) Priority for support of efforts of cdfi.--The Board
shall give priority to institutions that have supported the
efforts of community development financial institutions in
the qualified distressed community.
``(C) Other factors.--The Board may also consider the
following factors:
``(i) Degree of difficulty.--The degree of difficulty in
carrying out the activities that form the basis for the
institution's application.
``(ii) Community impact.--The extent to which the
activities that form the basis for the institution's
application have benefited the qualified distressed
community.
``(iii) Innovation.--The degree to which the activities
that form the basis for the institution's application have
incorporated innovative methods for meeting community needs.
``(iv) Leverage.--The leverage ratio between the dollar
amount of the activities that form the basis for the
institution's application and the amount of the assessment
credit calculated in accordance with this section for such
activities.
``(v) Size.--The amount of total assets of the institution.
``(vi) New entry.--Whether the institution had provided
financial services in the designated distressed community
before such semiannual period.
``(vii) Need for subsidy.--The degree to which the
qualified activity which forms the basis for the application
needs enhancement through an assessment credit.
``(viii) Extent of distress in community.--The degree of
poverty and unemployment in the designated distressed
community, the proportion of the total population of the
community which are low-income families and unrelated
individuals, and the extent of other adverse economic
conditions in such community.
``(2) Qualifying investments.--If the amount of funds
appropriated for purposes of carrying out this section for
any fiscal year are insufficient to award the amount of
assessment credits for which insured depository institutions
have applied and are eligible under this section, the Board
shall, in awarding community enterprise assessment credits
for qualifying activities under subsection (a)(2)(C) for any
semiannual period for which such appropriation is available,
determine which institutions shall receive an award based on
the leverage ratio between the dollar amount of the
activities that form the basis for the institution's
application and the amount of the assessment credit
calculated in accordance with this section for such
activities.
``(i) Determination of Amount of Assessment Credit.--
Notwithstanding any other provision of this section, the
determination of the amount of any community enterprise
assessment credit under subsection (a)(3) for any insured
depository institution for any semiannual period shall be
made solely at the discretion of the Board. No insured
depository institution shall be awarded community enterprise
assessment credits for any semiannual period in excess of an
amount determined by the Board.''.
(8) Additional definitions.--Subsection (j) of section 233
of the Bank Enterprise Act of 1991 (as redesignated by
paragraph (6) of this subsection) is amended by adding at the
end the following new paragraphs:
``(4) Community development financial institution.--The
term `community development financial institution' has the
same meaning as in section 103(5) of the Community
Development Banking and Financial Institutions Act of 1994.
``(5) Affiliate.--The term `affiliate' has the same meaning
as in section 2 of the Bank Holding Company Act of 1956.''.
SEC. 115. RECORDKEEPING.
(a) In General.--A community development financial
institution receiving assistance from the Fund shall keep
such records, for such periods as may be prescribed by the
Fund and necessary to disclose the manner in which any
assistance under this subtitle is used and to demonstrate
compliance with the requirements of this subtitle.
(b) User Profile Information.--The Fund shall require each
community development financial institution or other
organization receiving assistance from the Fund to compile
such data, as is determined to be appropriate by the Fund, on
the gender, race, ethnicity, national origin, or other
pertinent information concerning individuals that utilize the
services of the assisted institution to ensure that targeted
populations and low-income residents of investment areas are
adequately served.
(c) Access to Records.--The Fund shall have access on
demand, for the purpose of determining compliance with this
subtitle, to any records of a community development financial
institution or other organization that receives assistance
from the Fund.
(d) Review.--Not less than annually, the Fund shall review
the progress of each assisted community development financial
institution in carrying out its strategic plan, meeting its
performance goals, and satisfying the terms and conditions of
its assistance agreement.
(e) Reporting.--
(1) Annual reports.--The Fund shall require each community
development financial institution receiving assistance under
this subtitle to submit an annual report to the Fund on its
activities, its financial condition, and its success in
meeting performance goals, in satisfying the terms and
conditions of its assistance agreement, and in complying with
other requirements of this subtitle, in such form and manner
as the Fund shall specify.
(2) Availability of reports.--The Fund, after deleting or
redacting any material as appropriate to protect privacy or
proprietary interests, shall make such reports submitted
under paragraph (1) available for public inspection.
SEC. 116. SPECIAL PROVISIONS WITH RESPECT TO INSTITUTIONS
THAT ARE SUPERVISED BY FEDERAL BANKING
AGENCIES.
(a) Consultation With Appropriate Agencies.--The Fund shall
consult with and consider the views of the appropriate
Federal banking agency prior to providing assistance under
this subtitle to--
(1) an insured community development financial institution;
(2) any community development financial institution that is
examined by or subject to the reporting requirements of an
appropriate Federal banking agency; or
(3) any community development financial institution that
has as its community partner an institution that is examined
by or subject to the reporting requirements of an appropriate
Federal banking agency.
(b) Requests for Information, Reports, or Records.--
(1) In general.--Except as provided in paragraph (4),
notwithstanding any other provisions of this subtitle, prior
to directly requesting information from or imposing reporting
or recordkeeping requirements on an insured community
development financial institution or other institution that
is examined by or subject to the reporting requirements of an
appropriate Federal banking agency, the Fund shall consult
with the appropriate Federal banking agency to determine if
the information requested is available from or may be
obtained by such agency in the form, format, or detail
required by the Fund.
(2) Timing of response from appropriate federal banking
agency.--If the information, reports, or records requested by
the Fund pursuant to paragraph (1) are not provided by the
appropriate Federal banking agency in less than 15 calendar
days after the date on which the material is requested, the
Fund may request the information from or impose the
recordkeeping or reporting requirements directly on such
institutions with notice to the appropriate Federal banking
agency.
(3) Elimination of duplicative information and reporting
requirements.--The Fund shall use any information provided
the appropriate Federal banking agency under this section to
the extent practicable to eliminate duplicative requests for
information and reports from, and recordkeeping by an insured
community development financial institution or other
institution that is examined by or subject to the reporting
requirements of an appropriate Federal banking agency.
(4) Exception.--Notwithstanding paragraphs (1) and (2), the
Fund may require an insured community development financial
institution or other institution that is examined by or
subject to the reporting requirements of an appropriate
Federal banking agency to provide information with respect to
the institution's implementation of its strategic plan or
compliance with the terms of its assistance agreement under
this subtitle, after providing notice to the appropriate
Federal banking agency.
(c) Exclusion for Examination Reports.--Nothing in this
section shall be construed to permit the Fund to require an
insured community development financial institution or other
institution that is examined by or subject to the reporting
requirements of an appropriate Federal banking agency, to
obtain, maintain, or furnish an examination report of any
appropriate Federal banking agency or records contained in or
related to such a report.
(d) Sharing of Information.--The Fund and the appropriate
Federal banking agency shall promptly notify each other of
material concerns about an insured community development
financial institution or other institution that is examined
by or subject to the reporting requirements of an appropriate
Federal banking agency, and share appropriate information
relating to such concerns.
(e) Disclosure Prohibited.--Neither the Fund nor the
appropriate Federal banking agency shall disclose
confidential information obtained pursuant to this section
from any party without the written consent of that party.
(f) Privilege Maintained.--The Fund, the appropriate
Federal banking agency, and any other party providing
information under this section shall not be deemed to have
waived any privilege applicable to any information or data,
or any portion thereof, by providing such information or data
to the other party or by permitting such data or information,
or any copies or portions thereof, to be used by the other
party.
(g) Exceptions.--Nothing in this section shall authorize
the Fund or the appropriate
[[Page 1458]]
Federal banking agency to withhold information from the
Congress or prevent it from complying with a request for
information from a Federal department or agency in compliance
with applicable law.
(h) Sanctions.--
(1) Notification.--The Fund shall notify the appropriate
Federal banking agency before imposing any sanction pursuant
to the authority in section 108(f)(2)(C) on an insured
community development financial institution or other
institution that is examined by or subject to the reporting
requirements of that agency.
(2) Exceptions.--The Fund shall not impose a sanction
referred to in paragraph (1) if the appropriate Federal
banking agency, in writing, not later than 30 calendar days
after receiving notice from the Fund--
(A) objects to the proposed sanction;
(B) determines that the sanction would--
(i) have a material adverse effect on the safety and
soundness of the institution; or
(ii) impede or interfere with an enforcement action against
that institution by that agency;
(C) proposes a comparable alternative action; and
(D) specifically explains--
(i) the basis for the determination under subparagraph (B)
and, if appropriate, provides documentation to support the
determination; and
(ii) how the alternative action suggested pursuant to
subparagraph (C) would be as effective as the sanction
proposed by the Fund in securing compliance with this
subtitle and deterring future noncompliance.
(i) Safety and Soundness Considerations.--The Fund and each
appropriate Federal banking agency shall cooperate and
respond to requests from each other and from other
appropriate Federal banking agencies in a manner that ensures
the safety and soundness of the insured community development
financial institution or other institution that is examined
by or subject to the reporting requirements of an appropriate
Federal banking agency.
SEC. 117. STUDIES AND REPORTS; EXAMINATION AND AUDIT.
(a) Annual Report by the Fund.--The Fund shall conduct an
annual evaluation of the activities carried out by the Fund
and the community development financial institutions and
other organizations assisted pursuant to this subtitle, and
shall submit a report of its findings to the President and
the Congress not later than 120 days after the end of each
fiscal year of the Fund. The report shall include financial
statements audited in accordance with subsection (f).
(b) Optional Studies.--The Fund may conduct such studies as
the Fund determines necessary to further the purpose of this
subtitle and to facilitate investment in distressed
communities. The findings of any studies conducted pursuant
to this subsection shall be included in the report required
by subsection (a).
(c) Native American Lending Study.--
(1) In general.--The Fund shall conduct a study on lending
and investment practices on Indian reservations and other
land held in trust by the United States. Such study shall--
(A) identify barriers to private financing on such lands;
and
(B) identify the impact of such barriers on access to
capital and credit for Native American populations.
(2) Report.--Not later than 12 months after the date on
which the Administrator is appointed, the Fund shall submit a
report to the President and the Congress that--
(A) contains the findings of the study conducted under
paragraph (1);
(B) recommends any necessary statutory and regulatory
changes to existing Federal programs; and
(C) makes policy recommendations for community development
financial institutions, insured depository institutions,
secondary market institutions, and other private sector
capital institutions to better serve such populations.
(d) Investment, Governance, and Role of Fund.--Thirty
months after the appointment and qualification of the
Administrator, the Comptroller General of the United States
shall submit to the President and the Congress a study
evaluating the structure, governance, and performance of the
Fund.
(e) Consultation.--In the conduct of the studies required
under this section, the Fund shall consult, as appropriate,
with the Comptroller of the Currency, the Federal Deposit
Insurance Corporation, the Board of Governors of the Federal
Reserve System, the Federal Housing Finance Board, the Farm
Credit Administration, the Director of the Office of Thrift
Supervision, the National Credit Union Administration Board,
Indian tribal governments, community reinvestment
organizations, civil rights organizations, consumer
organizations, financial organizations, and such
representatives of agencies or other persons, at the
discretion of the Fund.
(f) Examination and Audit.--The financial statements of the
Fund shall be audited in accordance with section 9105 of
title 31, United States Code, except that audits required by
section 9105(a) of such title shall be performed annually.
SEC. 118. INSPECTOR GENERAL.
(a) Establishment.--Section 11 of the Inspector General Act
of 1978 (5 U.S.C. App. 11) is amended--
(1) in paragraph (1), by inserting ``; the Administrator of
the Community Development Financial Institutions Fund;''
before ``and the chief''; and
(2) in paragraph (2), by inserting ``the Community
Development Financial Institutions Fund,'' after ``the Agency
for International Development,''.
(b) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary for the
operation of the Office of Inspector General established by
the amendments made by subsection (a).
SEC. 119. ENFORCEMENT.
(a) Regulations.--
(1) In general.--Not later than 180 days after the
appointment and qualification of the Administrator, the Fund
shall promulgate such regulations as may be necessary to
carry out this subtitle.
(2) Regulations required.--The regulations promulgated
under paragraph (1) shall include regulations applicable to
community development financial institutions that are not
insured depository institutions to--
(A) prevent conflicts of interest on the part of directors,
officers, and employees of community development financial
institutions as the Fund determines to be appropriate; and
(B) establish such standards with respect to loans by a
community development financial institution to any director,
officer, or employee of such institution as the Fund
determines to be appropriate, including loan amount
limitations.
(b) Administrative Enforcement.--The provisions of this
subtitle, and regulations prescribed and agreements entered
into under this subtitle, shall be enforced under section 8
of the Federal Deposit Insurance Act by the appropriate
Federal banking agency, in the case of an insured community
development financial institution. A violation of this
subtitle, or any regulation prescribed under or any agreement
entered into under this subtitle, shall be treated as a
violation of the Federal Deposit Insurance Act.
(c) Criminal Provision.--Section 657 of title 18, United
States Code, is amended by inserting ``or any community
development financial institution receiving financial
assistance under the Riegle Community Development and
Regulatory Improvement Act of 1994,'' after ``small business
investment company,''.
SEC. 120. COMMUNITY DEVELOPMENT REVOLVING LOAN FUND FOR
CREDIT UNIONS.
(a) Repeal.--Section 120 of the Federal Credit Union Act
(12 U.S.C. 1766) is amended by striking subsection (k).
(b) Revolving Loan Fund.--The Federal Credit Union Act (12
U.S.C. 1751 et seq.) is amended by inserting after section
129 the following new section:
``SEC. 130. COMMUNITY DEVELOPMENT REVOLVING LOAN FUND FOR
CREDIT UNIONS.
``(a) In General.--The Board may exercise the authority
granted to it by the Community Development Credit Union
Revolving Loan Fund Transfer Act, including any additional
appropriation made or earnings accrued, subject only to this
section and to regulations prescribed by the Board.
``(b) Investment.--The Board may invest any idle Fund
moneys in United States Treasury securities. Any interest
accrued on such securities shall become a part of the Fund.
``(c) Loans.--The Board may require that any loans made
from the Fund be matched by increased shares in the borrower
credit union.
``(d) Interest.--Interest earned by the Fund may be
allocated by the Board for technical assistance to community
development credit unions, subject to an appropriations Act.
``(e) Definition.--As used in this section, the term `Fund'
means the Community Development Credit Union Revolving Loan
Fund.''.
SEC. 121. AUTHORIZATION OF APPROPRIATIONS.
(a) Fund Authorization.--
(1) In general.--To carry out this subtitle, there are
authorized to be appropriated to the Fund, to remain
available until expended--
(A) $60,000,000 for fiscal year 1995;
(B) $104,000,000 for fiscal year 1996;
(C) $107,000,000 for fiscal year 1997; and
(D) $111,000,000 for fiscal year 1998;
or such greater sums as may be necessary to carry out this
subtitle.
(2) Administrative expenses.--
(A) In general.--Of amounts authorized to be appropriated
to the Fund pursuant to this section, not more than
$5,550,000 may be used by the Fund in each fiscal year to pay
the administrative costs and expenses of the Fund. Costs
associated with the training program established under
section 109 and the technical assistance program established
under section 108 shall not be considered to be
administrative expenses for purposes of this paragraph.
(B) Calculations.--The amounts referred to in paragraphs
(3) and (4) shall be calculated after subtracting the amount
referred to in subparagraph (A) of this paragraph from the
total amount appropriated to the Fund in accordance with
paragraph (1) in any fiscal year.
(3) Capitalization assistance.--Not more than 5 percent of
the amounts authorized to be appropriated under paragraph (1)
may be used as provided in section 113.
(4) Availability for funding section 114.--33\1/3\ percent
of the amounts appropriated to the Fund for any fiscal year
pursuant to the authorization in paragraph (1) shall be
available for use in carrying out section 114.
[[Page 1459]]
(5) Support of community development financial
institutions.--The Administrator shall allocate funds
authorized under this section, to the maximum extent
practicable, for the support of community development
financial institutions.
(b) Community Development Credit Union Revolving Loan
Fund.--There are authorized to be appropriated for the
purposes of the Community Development Credit Union Revolving
Loan Fund--
(1) $4,000,000 for fiscal year 1995;
(2) $2,000,000 for fiscal year 1996;
(3) $2,000,000 for fiscal year 1997; and
(4) $2,000,000 for fiscal year 1998.
(c) Budgetary Treatment.--Amounts authorized to be
appropriated under this section shall be subject to
discretionary spending caps, as provided in section 601 of
the Congressional Budget Act of 1974, and therefore shall
reduce by an equal amount funds made available for other
discretionary spending programs.
Subtitle B--Home Ownership and Equity Protection
SEC. 151. SHORT TITLE.
This subtitle may be cited as the ``Home Ownership and
Equity Protection Act of 1994''.
SEC. 152. CONSUMER PROTECTIONS FOR CERTAIN MORTGAGES.
(a) Mortgage Definition.--Section 103 of the Truth in
Lending Act (15 U.S.C. 1602) is amended by adding at the end
the following new subsection:
``(aa)(1) A mortgage referred to in this subsection means a
consumer credit transaction that is secured by the consumer's
principal dwelling, other than a residential mortgage
transaction, a reverse mortgage transaction, or a transaction
under an open end credit plan, if--
``(A) the annual percentage rate at consummation of the
transaction will exceed by more than 10 percentage points the
yield on Treasury securities having comparable periods of
maturity on the fifteenth day of the month immediately
preceding the month in which the application for the
extension of credit is received by the creditor; or
``(B) the total points and fees payable by the consumer at
or before closing will exceed the greater of--
``(i) 8 percent of the total loan amount; or
``(ii) $400.
``(2)(A) After the 2-year period beginning on the effective
date of the regulations promulgated under section 155 of the
Riegle Community Development and Regulatory Improvement Act
of 1994, and no more frequently than biennially after the
first increase or decrease under this subparagraph, the Board
may by regulation increase or decrease the number of
percentage points specified in paragraph (1)(A), if the Board
determines that the increase or decrease is--
``(i) consistent with the consumer protections against
abusive lending provided by the amendments made by subtitle B
of title I of the Riegle Community Development and Regulatory
Improvement Act of 1994; and
``(ii) warranted by the need for credit.
``(B) An increase or decrease under subparagraph (A) may
not result in the number of percentage points referred to in
subparagraph (A) being--
``(i) less that 8 percentage points; or
``(ii) greater than 12 percentage points.
``(C) In determining whether to increase or decrease the
number of percentage points referred to in subparagraph (A),
the Board shall consult with representatives of consumers,
including low-income consumers, and lenders.
``(3) The amount specified in paragraph (1)(B)(ii) shall be
adjusted annually on January 1 by the annual percentage
change in the Consumer Price Index, as reported on June 1 of
the year preceding such adjustment.
``(4) For purposes of paragraph (1)(B), points and fees
shall include--
``(A) all items included in the finance charge, except
interest or the time-price differential;
``(B) all compensation paid to mortgage brokers;
``(C) each of the charges listed in section 106(e) (except
an escrow for future payment of taxes), unless--
``(i) the charge is reasonable;
``(ii) the creditor receives no direct or indirect
compensation; and
``(iii) the charge is paid to a third party unaffiliated
with the creditor; and
``(D) such other charges as the Board determines to be
appropriate.
``(5) This subsection shall not be construed to limit the
rate of interest or the finance charge that a person may
charge a consumer for any extension of credit.''.
(b) Material Disclosures.--Section 103(u) of the Truth in
Lending Act (15 U.S.C. 1602(u)) is amended--
(1) by striking ``and the due dates'' and inserting ``the
due dates''; and
(2) by inserting before the period ``, and the disclosures
required by section 129(a)''.
(c) Definition of Creditor Clarified.--Section 103(f) of
the Truth in Lending Act (15 U.S.C. 1602(f)) is amended by
adding at the end the following: ``Any person who originates
2 or more mortgages referred to in subsection (aa) in any 12-
month period or any person who originates 1 or more such
mortgages through a mortgage broker shall be considered to be
a creditor for purposes of this title.''.
(d) Disclosures Required and Certain Terms Prohibited.--The
Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended by
inserting after section 128 the following new section:
``SEC. 129. REQUIREMENTS FOR CERTAIN MORTGAGES.
``(a) Disclosures.--
``(1) Specific disclosures.--In addition to other
disclosures required under this title, for each mortgage
referred to in section 103(aa), the creditor shall provide
the following disclosures in conspicuous type size:
``(A) `You are not required to complete this agreement
merely because you have received these disclosures or have
signed a loan application.'
``(B) `If you obtain this loan, the lender will have a
mortgage on your home. You could lose your home, and any
money you have put into it, if you do not meet your
obligations under the loan.'.
``(2) Annual percentage rate.--In addition to the
disclosures required under paragraph (1), the creditor shall
disclose--
``(A) in the case of a credit transaction with a fixed rate
of interest, the annual percentage rate and the amount of the
regular monthly payment; or
``(B) in the case of any other credit transaction, the
annual percentage rate of the loan, the amount of the regular
monthly payment, a statement that the interest rate and
monthly payment may increase, and the amount of the maximum
monthly payment, based on the maximum interest rate allowed
pursuant to section 1204 of the Competitive Equality Banking
Act of 1987.
``(b) Time of Disclosures.--
``(1) In general.--The disclosures required by this section
shall be given not less than 3 business days prior to
consummation of the transaction.
``(2) New disclosures required.--
``(A) In general.--After providing the disclosures required
by this section, a creditor may not change the terms of the
extension of credit if such changes make the disclosures
inaccurate, unless new disclosures are provided that meet the
requirements of this section.
``(B) Telephone disclosure.--A creditor may provide new
disclosures pursuant to subparagraph (A) by telephone, if--
``(i) the change is initiated by the consumer; and
``(ii) at the consummation of the transaction under which
the credit is extended--
``(I) the creditor provides to the consumer the new
disclosures, in writing; and
``(II) the creditor and consumer certify in writing that
the new disclosures were provided by telephone, by not later
than 3 days prior to the date of consummation of the
transaction.
``(3) Modifications.--The Board may, if it finds that such
action is necessary to permit homeowners to meet bona fide
personal financial emergencies, prescribe regulations
authorizing the modification or waiver of rights created
under this subsection, to the extent and under the
circumstances set forth in those regulations.
``(c) No Prepayment Penalty.--
``(1) In general.--
``(A) Limitation on terms.--A mortgage referred to in
section 103(aa) may not contain terms under which a consumer
must pay a prepayment penalty for paying all or part of the
principal before the date on which the principal is due.
``(B) Construction.--For purposes of this subsection, any
method of computing a refund of unearned scheduled interest
is a prepayment penalty if it is less favorable to the
consumer than the actuarial method (as that term is defined
in section 933(d) of the Housing and Community Development
Act of 1992).
``(2) Exception.--Notwithstanding paragraph (1), a mortgage
referred to in section 103(aa) may contain a prepayment
penalty (including terms calculating a refund by a method
that is not prohibited under section 933(b) of the Housing
and Community Development Act of 1992 for the transaction in
question) if--
``(A) at the time the mortgage is consummated--
``(i) the consumer is not liable for an amount of monthly
indebtedness payments (including the amount of credit
extended or to be extended under the transaction) that is
greater than 50 percent of the monthly gross income of the
consumer; and
``(ii) the income and expenses of the consumer are verified
by a financial statement signed by the consumer, by a credit
report, and in the case of employment income, by payment
records or by verification from the employer of the consumer
(which verification may be in the form of a copy of a pay
stub or other payment record supplied by the consumer);
``(B) the penalty applies only to a prepayment made with
amounts obtained by the consumer by means other than a
refinancing by the creditor under the mortgage, or an
affiliate of that creditor;
``(C) the penalty does not apply after the end of the 5-
year period beginning on the date on which the mortgage is
consummated; and
``(D) the penalty is not prohibited under other applicable
law.
``(d) Limitations After Default.--A mortgage referred to in
section 103(aa) may not provide for an interest rate
applicable after default that is higher than the interest
rate that applies before default. If the date of maturity of
a mortgage referred to in subsection 103(aa) is accelerated
due to default and the consumer is entitled to a rebate of
interest, that rebate shall be computed by any method that is
not less favorable than the actuarial method (as that term is
defined in section 933(d) of the Housing and Community
Development Act of 1992).
``(e) No Balloon Payments.--A mortgage referred to in
section 103(aa) having a term
[[Page 1460]]
of less than 5 years may not include terms under which the
aggregate amount of the regular periodic payments would not
fully amortize the outstanding principal balance.
``(f) No Negative Amortization.--A mortgage referred to in
section 103(aa) may not include terms under which the
outstanding principal balance will increase at any time over
the course of the loan because the regular periodic payments
do not cover the full amount of interest due.
``(g) No Prepaid Payments.--A mortgage referred to in
section 103(aa) may not include terms under which more than 2
periodic payments required under the loan are consolidated
and paid in advance from the loan proceeds provided to the
consumer.
``(h) Prohibition on Extending Credit Without Regard to
Payment Ability of Consumer.--A creditor shall not engage in
a pattern or practice of extending credit to consumers under
mortgages referred to in section 103(aa) based on the
consumers' collateral without regard to the consumers'
repayment ability, including the consumers' current and
expected income, current obligations, and employment.
``(i) Requirements for Payments Under Home Improvement
Contracts.--A creditor shall not make a payment to a
contractor under a home improvement contract from amounts
extended as credit under a mortgage referred to in section
103(aa), other than--
``(1) in the form of an instrument that is payable to the
consumer or jointly to the consumer and the contractor; or
``(2) at the election of the consumer, by a third party
escrow agent in accordance with terms established in a
written agreement signed by the consumer, the creditor, and
the contractor before the date of payment.
``(j) Consequence of Failure To Comply.--Any mortgage that
contains a provision prohibited by this section shall be
deemed a failure to deliver the material disclosures required
under this title, for the purpose of section 125.
``(k) Definition.--For purposes of this section, the term
`affiliate' has the same meaning as in section 2(k) of the
Bank Holding Company Act of 1956.
``(l) Discretionary Regulatory Authority of Board.--
``(1) Exemptions.--The Board may, by regulation or order,
exempt specific mortgage products or categories of mortgages
from any or all of the prohibitions specified in subsections
(c) through (i), if the Board finds that the exemption--
``(A) is in the interest of the borrowing public; and
``(B) will apply only to products that maintain and
strengthen home ownership and equity protection.
``(2) Prohibitions.--The Board, by regulation or order,
shall prohibit acts or practices in connection with--
``(A) mortgage loans that the Board finds to be unfair,
deceptive, or designed to evade the provisions of this
section; and
``(B) refinancing of mortgage loans that the Board finds to
be associated with abusive lending practices, or that are
otherwise not in the interest of the borrower.''.
(e) Conforming Amendments.--
(1) Table of sections.--The table of sections at the
beginning of chapter 2 of the Truth in Lending Act is amended
by striking the item relating to section 129 and inserting
the following:
``129. Requirements for certain mortgages.''.
(2) Truth in lending act.--The Truth in Lending Act (15
U.S.C. 1601 et seq.) is amended--
(A) in the second sentence of section 105(a), by striking
``These'' and inserting ``Except in the case of a mortgage
referred to in section 103(aa), these'';
(B) in section 111(a)(2), by inserting before the period
the following: ``, and such State-required disclosure may not
be made in lieu of the disclosures applicable to certain
mortgages under section 129''; and
(C) in section 111(b)--
(i) by striking ``This'' and inserting ``Except as provided
in section 129, this''; and
(ii) by adding at the end the following: ``The provisions
of section 129 do not annul, alter, or affect the
applicability of the laws of any State or exempt any person
subject to the provisions of section 129 from complying with
the laws of any State, with respect to the requirements for
mortgages referred to in section 103(aa), except to the
extent that those State laws are inconsistent with any
provisions of section 129, and then only to the extent of the
inconsistency.''.
SEC. 153. CIVIL LIABILITY.
(a) Damages.--Section 130(a) of the Truth in Lending Act
(15 U.S.C. 1640(a)) is amended--
(1) by striking ``and'' at the end of paragraph (2)(B);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) in the case of a failure to comply with any
requirement under section 129, an amount equal to the sum of
all finance charges and fees paid by the consumer, unless the
creditor demonstrates that the failure to comply is not
material.''.
(b) State Attorney General Enforcement.--Section 130(e) of
the Truth in Lending Act (15 U.S.C. 1640(e)) is amended by
adding at the end the following: ``An action to enforce a
violation of section 129 may also be brought by the
appropriate State attorney general in any appropriate United
States district court, or any other court of competent
jurisdiction, not later than 3 years after the date on which
the violation occurs. The State attorney general shall
provide prior written notice of any such civil action to the
Federal agency responsible for enforcement under section 108
and shall provide the agency with a copy of the complaint. If
prior notice is not feasible, the State attorney general
shall provide notice to such agency immediately upon
instituting the action. The Federal agency may--
``(1) intervene in the action;
``(2) upon intervening--
``(A) remove the action to the appropriate United States
district court, if it was not originally brought there; and
``(B) be heard on all matters arising in the action; and
``(3) file a petition for appeal.''.
(c) Assignee Liability.--Section 131 of the Truth in
Lending Act (15 U.S.C. 1641) is amended by adding at the end
the following new subsection:
``(d) Rights Upon Assignment of Certain Mortgages.--
``(1) In general.--Any person who purchases or is otherwise
assigned a mortgage referred to in section 103(aa) shall be
subject to all claims and defenses with respect to that
mortgage that the consumer could assert against the creditor
of the mortgage, unless the purchaser or assignee
demonstrates, by a preponderance of the evidence, that a
reasonable person exercising ordinary due diligence, could
not determine, based on the documentation required by this
title, the itemization of the amount financed, and other
disclosure of disbursements that the mortgage was a mortgage
referred to in section 103(aa). The preceding sentence does
not affect rights of a consumer under subsection (a), (b), or
(c) of this section or any other provision of this title.
``(2) Limitation on damages.--Notwithstanding any other
provision of law, relief provided as a result of any action
made permissible by paragraph (1) may not exceed--
``(A) with respect to actions based upon a violation of
this title, the amount specified in section 130; and
``(B) with respect to all other causes of action, the sum
of--
``(i) the amount of all remaining indebtedness; and
``(ii) the total amount paid by the consumer in connection
with the transaction.
``(3) Offset.--The amount of damages that may be awarded
under paragraph (2)(B) shall be reduced by the amount of any
damages awarded under paragraph (2)(A).
``(4) Notice.--Any person who sells or otherwise assigns a
mortgage referred to in section 103(aa) shall include a
prominent notice of the potential liability under this
subsection as determined by the Board.''.
SEC. 154. REVERSE MORTGAGE DISCLOSURE.
(a) Definition of Reverse Mortgage.--Section 103 of the
Truth in Lending Act (15 U.S.C. 1602) is amended by adding at
the end the following new subsection:
``(bb) The term `reverse mortgage transaction' means a
nonrecourse transaction in which a mortgage, deed of trust,
or equivalent consensual security interest is created against
the consumer's principal dwelling--
``(1) securing one or more advances; and
``(2) with respect to which the payment of any principal,
interest, and shared appreciation or equity is due and
payable (other than in the case of default) only after--
``(A) the transfer of the dwelling;
``(B) the consumer ceases to occupy the dwelling as a
principal dwelling; or
``(C) the death of the consumer.''.
(b) Disclosure.--Chapter 2 of title I of the Truth in
Lending Act (15 U.S.C. 1631 et seq.) is amended by adding at
the end the following new section:
``SEC. 138. REVERSE MORTGAGES.
``(a) In General.--In addition to the disclosures required
under this title, for each reverse mortgage, the creditor
shall, not less than 3 days prior to consummation of the
transaction, disclose to the consumer in conspicuous type a
good faith estimate of the projected total cost of the
mortgage to the consumer expressed as a table of annual
interest rates. Each annual interest rate shall be based on a
projected total future credit extension balance under a
projected appreciation rate for the dwelling and a term for
the mortgage. The disclosure shall include--
``(1) statements of the annual interest rates for not less
than 3 projected appreciation rates and not less than 3
credit transaction periods, as determined by the Board,
including--
``(A) a short-term reverse mortgage;
``(B) a term equaling the actuarial life expectancy of the
consumer; and
``(C) such longer term as the Board deems appropriate; and
``(2) a statement that the consumer is not obligated to
complete the reverse mortgage transaction merely because the
consumer has received the disclosure required under this
section or has signed an application for the reverse
mortgage.
``(b) Projected Total Cost.--In determining the projected
total cost of the mortgage to be disclosed to the consumer
under subsection (a), the creditor shall take into account--
``(1) any shared appreciation or equity that the lender
will, by contract, be entitled to receive;
``(2) all costs and charges to the consumer, including the
costs of any associated annuity that the consumer elects or
is required to purchase as part of the reverse mortgage
transaction;
``(3) all payments to and for the benefit of the consumer,
including, in the case in which
[[Page 1461]]
an associated annuity is purchased (whether or not required
by the lender as a condition of making the reverse mortgage),
the annuity payments received by the consumer and financed
from the proceeds of the loan, instead of the proceeds used
to finance the annuity; and
``(4) any limitation on the liability of the consumer under
reverse mortgage transactions (such as nonrecourse limits and
equity conservation agreements).''.
(c) Home Equity Plan Exemption.--Section 137(b) of the
Truth in Lending Act (15 U.S.C. 1647(b)) is amended by adding
at the end the following:
``This subsection does not apply to reverse mortgage
transactions.''.
(d) Table of Sections.--The table of sections at the
beginning of chapter 2 of the Truth in Lending Act is amended
by inserting after the item relating to section 137 the
following:
``138. Reverse mortgages.''.
SEC. 155. REGULATIONS.
Not later than 180 days after the date of enactment of this
Act, the Board of Governors of the Federal Reserve System
shall issue such regulations as may be necessary to carry out
this subtitle, and such regulations shall become effective on
the date on which disclosure regulations are required to
become effective under section 105(d) of the Truth in Lending
Act.
SEC. 156. APPLICABILITY.
This subtitle, and the amendments made by this subtitle,
shall apply to every mortgage referred to in section 103(aa)
of the Truth in Lending Act (as added by section 152(a) of
this Act) consummated on or after the date on which
regulations issued under section 155 become effective.
SEC. 157. FEDERAL RESERVE STUDY.
During the period beginning 180 days after the date of
enactment of this Act and ending 2 years after that date of
enactment, the Board of Governors of the Federal Reserve
System shall conduct a study and submit to the Congress a
report, including recommendations for any appropriate
legislation, regarding--
(1) whether a consumer engaging in an open end credit
transaction (as defined in section 103 of the Truth in
Lending Act) secured by the consumer's principal dwelling is
provided adequate protections under Federal law, including
section 127A of the Truth in Lending Act; and
(2) whether a more appropriate interest rate index exists
for purposes of subparagraph (A) of section 103(aa)(1) of the
Truth in Lending Act (as added by section 152(a) of this Act)
than the yield on Treasury securities referred to in that
subparagraph.
SEC. 158. HEARINGS ON HOME EQUITY LENDING.
(a) Hearings.--Not less than once during the 3-year period
beginning on the date of enactment of this Act, and regularly
thereafter, the Board of Governors of the Federal Reserve
System, in consultation with the Consumer Advisory Council of
the Board, shall conduct a public hearing to examine the home
equity loan market and the adequacy of existing regulatory
and legislative provisions and the provisions of this
subtitle in protecting the interests of consumers, and low-
income consumers in particular.
(b) Participation.--In conducting hearings required by
subsection (a), the Board of Governors of the Federal Reserve
System shall solicit participation from consumers,
representatives of consumers, lenders, and other interested
parties.
TITLE II--SMALL BUSINESS CAPITAL FORMATION
Subtitle A--Small Business Loan Securitization
SEC. 201. SHORT TITLE.
This subtitle may be cited as the ``Small Business Loan
Securitization and Secondary Market Enhancement Act of
1994''.
SEC. 202. SMALL BUSINESS RELATED SECURITY.
Section 3(a) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a)) is amended by adding at the end the following
new paragraph:
``(53)(A) The term `small business related security' means
a security that is rated in 1 of the 4 highest rating
categories by at least 1 nationally recognized statistical
rating organization, and either--
``(i) represents an interest in 1 or more promissory notes
or leases of personal property evidencing the obligation of a
small business concern and originated by an insured
depository institution, insured credit union, insurance
company, or similar institution which is supervised and
examined by a Federal or State authority, or a finance
company or leasing company; or
``(ii) is secured by an interest in 1 or more promissory
notes or leases of personal property (with or without
recourse to the issuer or lessee) and provides for payments
of principal in relation to payments, or reasonable
projections of payments, on notes or leases described in
clause (i).
``(B) For purposes of this paragraph--
``(i) an `interest in a promissory note or a lease of
personal property' includes ownership rights, certificates of
interest or participation in such notes or leases, and rights
designed to assure servicing of such notes or leases, or the
receipt or timely receipt of amounts payable under such notes
or leases;
``(ii) the term `small business concern' means a business
that meets the criteria for a small business concern
established by the Small Business Administration under
section 3(a) of the Small Business Act;
``(iii) the term `insured depository institution' has the
same meaning as in section 3 of the Federal Deposit Insurance
Act; and
``(iv) the term `insured credit union' has the same meaning
as in section 101 of the Federal Credit Union Act.''.
SEC. 203. APPLICABILITY OF MARGIN REQUIREMENTS.
Section 7(g) of the Securities Exchange Act of 1934 (15
U.S.C. 78g(g)) is amended by inserting ``or a small business
related security'' after ``mortgage related security''.
SEC. 204. BORROWING IN THE COURSE OF BUSINESS.
Section 8(a) of the Securities Exchange Act of 1934 (15
U.S.C. 78h(a)) is amended in the last sentence by inserting
``or a small business related security'' after ``mortgage
related security''.
SEC. 205. SMALL BUSINESS RELATED SECURITIES AS COLLATERAL.
Clause (ii) of section 11(d)(1) of the Securities Exchange
Act of 1934 (15 U.S.C. 78k(d)(1)) is amended by inserting
``or any small business related security'' after ``mortgage
related security''.
SEC. 206. INVESTMENT BY DEPOSITORY INSTITUTIONS.
(a) Home Owners' Loan Act Amendment.--Section 5(c)(1) of
the Home Owners' Loan Act (12 U.S.C. 1464(c)(1)) is amended
by adding at the end the following new subparagraph:
``(S) Small business related securities.--Investments in
small business related securities (as defined in section
3(a)(53) of the Securities Exchange Act of 1934), subject to
such regulations as the Director may prescribe, including
regulations concerning the minimum size of the issue (at the
time of the initial distribution), the minimum aggregate
sales price, or both.''.
(b) Credit Unions.--Section 107(15) of the Federal Credit
Union Act (12 U.S.C. 1757(15)) is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by inserting ``or'' at the end;
and
(3) by adding at the end the following new subparagraph:
``(C) are small business related securities (as defined in
section 3(a)(53) of the Securities Exchange Act of 1934),
subject to such regulations as the Board may prescribe,
including regulations prescribing the minimum size of the
issue (at the time of the initial distribution), the minimum
aggregate sales price, or both;''.
(c) National Banking Associations.--Section 5136 of the
Revised Statutes (12 U.S.C. 24) is amended in the last
sentence in the first full paragraph of paragraph Seventh, by
striking ``or (B) are mortgage related securities'' and
inserting the following: ``(B) are small business related
securities (as defined in section 3(a)(53) of the Securities
Exchange Act of 1934); or (C) are mortgage related
securities''.
SEC. 207. PREEMPTION OF STATE LAW.
(a) In General.--Section 106(a)(1) of the Secondary
Mortgage Market Enhancement Act of 1984 (15 U.S.C. 77r-
1(a)(1)) is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting after subparagraph (B) the following new
subparagraph:
``(C) small business related securities (as defined in
section 3(a)(53) of the Securities Exchange Act of 1934),
or''.
(b) Obligations of the United States.--Section 106(a)(2) of
the Secondary Mortgage Market Enhancement Act of 1984 (15
U.S.C. 77r-1(a)(2)) is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting after subparagraph (B) the following new
subparagraph:
``(C) small business related securities (as defined in
section 3(a)(53) of the Securities Exchange Act of 1934),
or''.
(c) Preemption of State Laws.--Section 106(c) of the
Secondary Mortgage Market Enhancement Act of 1984 (15 U.S.C.
77r-1(c)) is amended--
(1) in the first sentence, by striking ``or that'' and
inserting ``, that''; and
(2) by inserting ``, or that are small business related
securities (as defined in section 3(a)(53) of the Securities
Exchange Act of 1934)'' before ``shall be exempt''.
(d) Implementation.--Section 106 of the Secondary Mortgage
Market Enhancement Act of 1984 (15 U.S.C. 77r-1) is amended
by adding at the end the following new subsection:
``(d) Implementation.--
``(1) Limitation.--The provisions of subsections (a) and
(b) concerning small business related securities shall not
apply with respect to a particular person, trust,
corporation, partnership, association, business trust, or
business entity or class thereof in any State that, prior to
the expiration of 7 years after the date of enactment of this
subsection, enacts a statute that specifically refers to this
section and either prohibits or provides for a more limited
authority to purchase, hold, or invest in such small business
related securities by any person, trust, corporation,
partnership, association, business trust, or business entity
or class thereof than is provided in this section. The
enactment by any State of any statute of the type described
in the preceding sentence shall not
[[Page 1462]]
affect the validity of any contractual commitment to
purchase, hold, or invest that was made prior to such
enactment, and shall not require the sale or other
disposition of any small business related securities acquired
prior to the date of such enactment.
``(2) State registration or qualification requirements.--
Any State may, not later than 7 years after the date of
enactment of this subsection, enact a statute that
specifically refers to this section and requires registration
or qualification of any small business related securities on
terms that differ from those applicable to any obligation
issued by the United States.''.
SEC. 208. INSURED DEPOSITORY INSTITUTION CAPITAL REQUIREMENTS
FOR TRANSFERS OF SMALL BUSINESS OBLIGATIONS.
(a) Accounting Principles.--The accounting principles
applicable to the transfer of a small business loan or a
lease of personal property with recourse contained in reports
or statements required to be filed with Federal banking
agencies by a qualified insured depository institution shall
be consistent with generally accepted accounting principles.
(b) Capital and Reserve Requirements.--With respect to the
transfer of a small business loan or lease of personal
property with recourse that is a sale under generally
accepted accounting principles, each qualified insured
depository institution shall--
(1) establish and maintain a reserve equal to an amount
sufficient to meet the reasonable estimated liability of the
institution under the recourse arrangement; and
(2) include, for purposes of applicable capital standards
and other capital measures, only the amount of the retained
recourse in the risk-weighted assets of the institution.
(c) Qualified Institutions Criteria.--An insured depository
institution is a qualified insured depository institution for
purposes of this section if, without regard to the accounting
principles or capital requirements referred to in subsections
(a) and (b), the institution is--
(1) well capitalized; or
(2) with the approval, by regulation or order, of the
appropriate Federal banking agency, adequately capitalized.
(d) Aggregate Amount of Recourse.--The total outstanding
amount of recourse retained by a qualified insured depository
institution with respect to transfers of small business loans
and leases of personal property under subsections (a) and (b)
shall not exceed--
(1) 15 percent of the risk-based capital of the
institution; or
(2) such greater amount, as established by the appropriate
Federal banking agency by regulation or order.
(e) Institutions That Cease To Be Qualified or Exceed
Aggregate Limits.--If an insured depository institution
ceases to be a qualified insured depository institution or
exceeds the limits under subsection (d), this section shall
remain applicable to any transfers of small business loans or
leases of personal property that occurred during the time
that the institution was qualified and did not exceed such
limit.
(f) Prompt Corrective Action Not Affected.--The capital of
an insured depository institution shall be computed without
regard to this section in determining whether the institution
is adequately capitalized, undercapitalized, significantly
undercapitalized, or critically undercapitalized under
section 38 of the Federal Deposit Insurance Act.
(g) Regulations Required.--Not later than 180 days after
the date of enactment of this Act each appropriate Federal
banking agency shall promulgate final regulations
implementing this section.
(h) Alternative System Permitted.--
(1) In general.--At the discretion of the appropriate
Federal banking agency, this section shall not apply if the
regulations of the agency provide that the aggregate amount
of capital and reserves required with respect to the transfer
of small business loans and leases of personal property with
recourse does not exceed the aggregate amount of capital and
reserves that would be required under subsection (b).
(2) Existing transactions not affected.--Notwithstanding
paragraph (1), this section shall remain in effect with
respect to transfers of small business loans and leases of
personal property with recourse by qualified insured
depository institutions occurring before the effective date
of regulations referred to in paragraph (1).
(i) Definitions.--For purposes of this section--
(1) the term ``adequately capitalized'' has the same
meaning as in section 38(b) of the Federal Deposit Insurance
Act;
(2) the term ``appropriate Federal banking agency'' has the
same meaning as in section 3 of the Federal Deposit Insurance
Act;
(3) the term ``capital standards'' has the same meaning as
in section 38(c) of the Federal Deposit Insurance Act;
(4) the term ``Federal banking agencies'' has the same
meaning as in section 3 of the Federal Deposit Insurance Act;
(5) the term ``insured depository institution'' has the
same meaning as in section 3 of the Federal Deposit Insurance
Act;
(6) the term ``other capital measures'' has the meaning as
in section 38(c) of the Federal Deposit Insurance Act;
(7) the term ``recourse'' has the meaning given to such
term under generally accepted accounting principles;
(8) the term ``small business'' means a business that meets
the criteria for a small business concern established by the
Small Business Administration under section 3(a) of the Small
Business Act; and
(9) the term ``well capitalized'' has the same meaning as
in section 38(b) of the Federal Deposit Insurance Act.
SEC. 209. JOINT STUDY ON THE IMPACT OF ADDITIONAL SECURITIES
BASED ON POOLED OBLIGATIONS.
(a) Joint Study Required.--The Board and the Commission
shall conduct a joint study of the impact of the provisions
of this subtitle (including the amendments made by this
subtitle) on the credit and securities markets. Such study
shall evaluate--
(1) the impact of the provisions of this subtitle on the
availability of credit for business and commercial
enterprises in general, and the availability of credit in
particular for--
(A) businesses in low- and moderate-income areas;
(B) businesses owned by women and minorities;
(C) community development efforts;
(D) community development financial institutions;
(E) businesses in different geographical regions; and
(F) a diversity of types of businesses;
(2) the structure and operation of the markets that develop
for small business related securities and commercial mortgage
related securities, including the types of entities (such as
pension funds and insurance companies) that are significant
purchasers of such securities, the extent to which such
entities are sophisticated investors, the use of credit
enhancements in obtaining investment-grade ratings, any
conflicts of interest that arise in such markets, and any
adverse effects of such markets on commercial real estate
ventures, pension funds, or pension fund beneficiaries;
(3) the extent to which the provisions of this subtitle
with regard to margin requirements, the number of eligible
investment rating categories, preemption of State law, and
the treatment of such securities as government securities for
the purpose of State investment limitations, affect the
structure and operation of such markets; and
(4) in view of the findings made pursuant to paragraphs (2)
and (3), any additional suitability or disclosure
requirements or other investor protections that should be
required.
(b) Reports.--
(1) In general.--The Board and the Commission shall submit
to the Congress a report on the results of the study required
by subsection (a) before the end of--
(A) the 2-year period beginning on the date of enactment of
this Act;
(B) the 4-year period beginning on such date of enactment;
and
(C) the 6-year period beginning on such date of enactment.
(2) Contents of report.--Each report required under
paragraph (1) shall contain or be accompanied by such
recommendations for administrative or legislative action as
the Board and the Commission consider appropriate and may
include recommendations regarding the need to develop a
system for reporting additional information concerning
investments by the entities described in subsection (a)(2).
(c) Definitions.--As used in this section--
(1) the term ``Board'' means the Board of Governors of the
Federal Reserve System; and
(2) the term ``Commission'' means the Securities and
Exchange Commission.
SEC. 210. CONSISTENT USE OF FINANCIAL TERMINOLOGY.
Not later than 2 years after the date of enactment of this
Act, the Financial Institutions Examination Council shall
report to the Congress on its recommendations for the use of
consistent financial terminology by depository institutions
for small business loans or leases of personal property which
are sold for the creation of small business related
securities (as defined in section 3(a)(53)(A) of the
Securities Exchange Act of 1934).
Subtitle B--Small Business Capital Enhancement
SEC. 251. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) small business concerns are a vital part of the
economy, accounting for the majority of new jobs, new
products, and new services created in the United States;
(2) adequate access to debt capital is a critical component
for small business development, productivity, expansion, and
success in the United States;
(3) commercial banks are the most important suppliers of
debt capital to small business concerns in the United States;
(4) commercial banks and other depository institutions have
various incentives to minimize their risk in financing small
business concerns;
(5) as a result of such incentives, many small business
concerns with economically sound financing needs are unable
to obtain access to needed debt capital;
(6) the small business capital access programs implemented
by certain States are a flexible and efficient tool to assist
financial institutions in providing access to needed debt
capital for many small business concerns in a manner
consistent with safety and soundness regulations;
(7) a small business capital access program would
complement other programs which assist small business
concerns in obtaining access to capital; and
(8) Federal policy can stimulate and accelerate efforts by
States to implement small business capital access programs by
providing an incentive to States, while leaving the
administration of such programs to each participating State.
[[Page 1463]]
(b) Purposes.--By encouraging States to implement
administratively efficient capital access programs that
encourage commercial banks and other depository institutions
to provide access to debt capital for a broad portfolio of
small business concerns, and thereby promote a more efficient
and effective debt market, the purposes of this subtitle
are--
(1) to promote economic opportunity and growth;
(2) to create jobs;
(3) to promote economic efficiency;
(4) to enhance productivity; and
(5) to spur innovation.
SEC. 252. DEFINITIONS.
For purposes of this subtitle--
(1) the term ``Fund'' means the Community Development
Financial Institutions Fund established under section 104;
(2) the term ``appropriate Federal banking agency''--
(A) has the same meaning as in section 3 of the Federal
Deposit Insurance Act; and
(B) includes the National Credit Union Administration Board
in the case of any credit union the deposits of which are
insured in accordance with the Federal Credit Union Act;
(3) the term ``early loan'' means a loan enrolled at a time
when the aggregate covered amount of loans previously
enrolled under the Program by a particular participating
financial institution is less than $5,000,000;
(4) the term ``enrolled loan'' means a loan made by a
participating financial institution that is enrolled by a
participating State in accordance with this subtitle;
(5) the term ``financial institution'' means any federally
chartered or State-chartered commercial bank, savings
association, savings bank, or credit union;
(6) the term ``participating financial institution'' means
any financial institution that has entered into a
participation agreement with a participating State in
accordance with section 254;
(7) the term ``participating State'' means any State that
has been approved for participation in the Program in
accordance with section 253;
(8) the term ``passive real estate ownership'' means
ownership of real estate for the purpose of deriving income
from speculation, trade, or rental, except that such term
shall not include--
(A) the ownership of that portion of real estate being used
or intended to be used for the operation of the business of
the owner of the real estate (other than the business of
passive ownership of real estate); or
(B) the ownership of real estate for the purpose of
construction or renovation, until the completion of the
construction or renovation phase;
(9) the term ``Program'' means the Small Business Capital
Enhancement Program established under this subtitle;
(10) the term ``reserve fund'' means a fund, established by
a participating State, earmarked for a particular
participating financial institution, for the purposes of--
(A) depositing all required premium charges paid by the
participating financial institution and by each borrower
receiving a loan under the Program from a participating
financial institution;
(B) depositing contributions made by the participating
State; and
(C) covering losses on enrolled loans by disbursing
accumulated funds; and
(11) the term ``State'' means--
(A) a State of the United States;
(B) the District of Columbia;
(C) any political subdivision of a State of the United
States, which subdivision has a population in excess of the
population of the least populated State of the United States;
and
(D) any other political subdivision of a State of the
United States that the Fund determines has the capacity to
participate in the program.
SEC. 253. APPROVING STATES FOR PARTICIPATION.
(a) Application.--Any State may apply to the Fund for
approval to be a participating State under the Program and to
be eligible for reimbursement by the Fund pursuant to section
257.
(b) Approval Criteria.--The Fund shall approve a State to
be a participating State, if--
(1) a specific department or agency of the State has been
designated to implement the Program;
(2) all legal actions necessary to enable such designated
department or agency to implement the Program have been
accomplished;
(3) funds in the amount of at least $1 for every 2 people
residing in the State (as of the last decennial census for
which data have been released) are available and have been
legally committed to contributions by the State to reserve
funds, with such funds being available without time limit and
without requiring additional legal action, except that such
requirements shall not be construed to limit the authority of
the State to take action at a later time that results in the
termination of its obligation to enroll loans and make
contributions to reserve funds;
(4) the State has prescribed a form of participation
agreement to be entered into between it and each
participating financial institution that is consistent with
the requirements and purposes of this subtitle; and
(5) the State and the Fund have executed a reimbursement
agreement that conforms to the requirements of this subtitle.
(c) Existing State Programs.--
(1) In general.--A State that is not a participating State,
but that has its own capital access program providing
portfolio insurance for business loans (based on a separate
loss reserve fund for each financial institution), may apply
at any time to the Fund to be approved to be a participating
State. The Fund shall approve such State to be a
participating State, and to be eligible for reimbursements by
the Fund pursuant to section 257, if the State--
(A) satisfies the requirements of subsections (a) and (b);
and
(B) certifies that each affected financial institution has
satisfied the requirements of section 254.
(2) Applicable terms of participation.--
(A) Status of institutions.--If a State is approved for
participation under paragraph (1), each financial institution
with a participation agreement in effect with the
participating State shall immediately be considered a
participating financial institution. Reimbursements may be
made under section 237 in connection with all contributions
made to the reserve fund by the State in connection with
lending that occurs on or after the date on which the Fund
approves the State for participation.
(B) Effective date of participation.--If an amended
participation agreement that conforms with section 255 is
required in order to secure participation approval by the
Fund, contributions subject to reimbursement under section
257 shall include only those contributions made to a reserve
fund with respect to loans enrolled on or after the date that
an amended participation agreement between the participating
State and the participating financial institution becomes
effective.
(C) Use of accumulated reserve funds.--A State that is
approved for participation in accordance with this subsection
may continue to implement the program utilizing the reserve
funds accumulated under the State program.
(d) Prior Appropriations Requirement.--The Fund shall not
approve a State for participation in the Program until at
least $50,000,000 has been appropriated to the Fund (subject
to an appropriations Act), without fiscal year limitation,
for the purpose of making reimbursements pursuant to section
257 and otherwise carrying out this subtitle.
(e) Amendments to Agreements.--If a State that has been
approved to be a participating State wishes to amend its form
of participation agreement and continue to be a participating
State, such State shall submit such amendment for review by
the Fund in accordance with subsection (b)(4). Any such
amendment shall become effective only after it has been
approved by the Fund.
SEC. 254. PARTICIPATION AGREEMENTS.
(a) In General.--A participating State may enter into a
participation agreement with any financial institution
determined by the participating State, after consultation
with the appropriate Federal banking agency, to have
sufficient commercial lending experience and financial and
managerial capacity to participate in the Program. The
determination by the State shall not be reviewable by the
Fund.
(b) Participating Financial Institutions.--Upon entering
into the participation agreement with the participating
State, the financial institution shall become a participating
financial institution eligible to enroll loans under the
Program.
SEC. 255. TERMS OF PARTICIPATION AGREEMENTS.
(a) In General.--The participation agreement to be entered
into by a participating State and a participating financial
institution shall include all provisions required by this
section, and shall not include any provisions inconsistent
with the provisions of this section.
(b) Establishment of Separate Reserve Funds.--A separate
reserve fund shall be established by the participating State
for each participating financial institution. All funds
credited to a reserve fund shall be the exclusive property of
the participating State. Each reserve fund shall be an
administrative account for the purposes of--
(1) receiving all required premium charges to be paid by
the borrower and participating financial institution and
contributions by the participating State; and
(2) disbursing funds, either to cover losses sustained by
the participating financial institution in connection with
loans made under the Program, or as contemplated by
subsections (d) and (r).
(c) Investment Authority.--Subject to applicable State law,
the participating State may invest, or cause to be invested,
funds held in a reserve fund by establishing a deposit
account at the participating financial institution in the
name of the participating State. In the event that funds in
the reserve fund are not deposited in such an account, such
funds shall be invested in a form that the participating
State determines is safe and liquid.
(d) Earned Income and Interest.--Interest or income earned
on the funds credited to a reserve fund shall be deemed to be
part of the reserve fund, except that a participating State
may, as further specified in the participation agreement,
provide authority for the participating State to withdraw
some or all of such interest or income earned.
(e) Loan Terms and Conditions.--
(1) In general.--A loan to be filed for enrollment under
the Program may be made with such interest rate, fees, and
other terms and conditions as agreed upon by the
participating financial institution and the borrower,
consistent with applicable law.
[[Page 1464]]
(2) Lines of credit.--If a loan to be filed for enrollment
is in the form of a line of credit, the amount of the loan
shall be considered to be the maximum amount that can be
drawn by the borrower against the line of credit.
(f) Enrollment Process.--
(1) Filing.--
(A) In general.--A participating financial institution
shall file each loan made under the Program for enrollment by
completing and submitting to the participating State a form
prescribed by the participating State.
(B) Form.--The form referred to in subparagraph (A) shall
include a representation by the participating financial
institution that it has complied with the participation
agreement in enrolling the loan with the State.
(C) Premium charges.--Accompanying the completed form shall
be the nonrefundable premium charges paid by the borrower and
the participating financial institution, or evidence that
such premium charges have been deposited into the deposit
account containing the reserve fund, if applicable.
(D) Submission.--The participation agreement shall require
that the items required by this subsection shall be submitted
to the participating State by the participating financial
institutions not later than 10 calendar days after a loan is
made.
(2) Enrollment by state.--Upon receipt by the participating
State of the filing submitted in accordance with paragraph
(1), the participating State shall promptly enroll the loan
and make a matching contribution to the reserve fund in
accordance with subsection (j), unless the information
submitted indicates that the participating financial
institution has not complied with the participation agreement
in enrolling the loan.
(g) Coverage Amount.--In filing a loan for enrollment under
the Program, the participating financial institution may
specify an amount to be covered under the Program that is
less than the full amount of the loan.
(h) Premium Charges.--
(1) Minimum and maximum amounts.--The premium charges
payable to the reserve fund by the borrower and the
participating financial institution shall be prescribed by
the participating financial institution, within minimum and
maximum limits set forth in the participation agreement. The
participation agreement shall establish minimum and maximum
limits whereby the sum of the premium charges paid in
connection with a loan by the borrower and the participating
financial institution is not less than 3 percent nor more
than 7 percent of the amount of the loan covered under the
Program.
(2) Allocation of premium charges.--The participation
agreement shall specify terms for allocating premium charges
between the borrower and the participating financial
institution. However, if the participating financial
institution is required to pay any of the premium charges,
the participation agreement shall authorize the participating
financial institution to recover from the borrower the cost
of the payment of the participating financial institution, in
any manner on which the participating financial institution
and the borrower agree.
(i) Restrictions.--
(1) Actions prohibited.--Except as provided in subsection
(h) and paragraph (2) of this subsection, the participating
State may not--
(A) impose any restrictions or requirements, relating to
the interest rate, fees, collateral, or other business terms
and conditions of the loan; or
(B) condition enrollment of a loan in the Program on the
review by the State of the risk or creditworthiness of a
loan.
(2) Effect on other law.--Nothing in this subtitle shall
affect the applicability of any other law to the conduct by a
participating financial institution of its business.
(j) State Contributions.--In enrolling a loan under the
Program, the participating State shall contribute to the
reserve fund an amount, as provided for in the participation
agreement, which shall not be less than the sum of the amount
of premium charges paid by the borrower and the participating
financial institution.
(k) Elements of Claims.--
(1) Filing.--If a participating financial institution
charges off all or part of an enrolled loan, such
participating financial institution may file a claim for
reimbursement with the participating State by submitting a
form that--
(A) includes the representation by the participating
financial institution that it is filing the claim in
accordance with the terms of the applicable participation
agreement; and
(B) contains such other information as may be required by
the participating State.
(2) Timing.--Any claim filed under paragraph (1) shall be
filed contemporaneously with the action of the participating
financial institution to charge off all or part of an
enrolled loan. The participating financial institution shall
determine when and how much to charge off on an enrolled
loan, in a manner consistent with its usual method for making
such determinations on business loans that are not enrolled
loans under this subtitle.
(l) Elements of Claims.--A claim filed by a participating
financial institution may include the amount of principal
charged off, not to exceed the covered amount of the loan.
Such claim may also include accrued interest and out-of-
pocket expenses, if and to the extent provided for under the
participation agreement.
(m) Payment of Claims.--
(1) In general.--Except as provided in subsection (n) and
paragraph (2) of this subsection, upon receipt of a claim
filed in accordance with this section and the participation
agreement, the participating State shall promptly pay to the
participating financial institution, from funds in the
reserve fund, the full amount of the claim as submitted.
(2) Insufficient reserve funds.--If there are insufficient
funds in the reserve fund to cover the entire amount of a
claim of a participating financial institution, the
participating State shall pay to the participating financial
institution an amount equal to the current balance in the
reserve fund. If the enrolled loan for which the claim has
been filed--
(A) is not an early loan, such payment shall be deemed
fully to satisfy the claim, and the participating financial
institution shall have no other or further right to receive
any amount from the reserve fund with respect to such claim;
or
(B) is an early loan, such payment shall not be deemed
fully to satisfy the claim of the participating financial
institution, and at such time as the remaining balance of the
claim does not exceed 75 percent of the balance in the
reserve fund, the participating State shall, upon the request
of the participating financial institution, pay any remaining
amount of the claim.
(n) Denial of Claims.--A participating State may deny a
claim if a representation or warranty made by the
participating financial institution to the participating
State at the time that the loan was filed for enrollment or
at the time that the claim was submitted was known by the
participating financial institution to be false.
(o) Subsequent Recovery of Claim Amount.--If, subsequent to
payment of a claim by the participating State, a
participating financial institution recovers from a borrower
any amount for which payment of the claim was made, the
participating financial institution shall promptly pay to the
participating State for deposit into the reserve fund the
amount recovered, less any expenses incurred by the
institution in collection of such amount.
(p) Participation Agreement Terms.--
(1) In general.--In connection with the filing of a loan
for enrollment in the Program, the participation agreement--
(A) shall require the participating financial institution
to obtain an assurance from each borrower that--
(i) the proceeds of the loan will be used for a business
purpose;
(ii) the loan will not be used to finance passive real
estate ownership; and
(iii) the borrower is not--
(I) an executive officer, director, or principal
shareholder of the participating financial institution;
(II) a member of the immediate family of an executive
officer, director, or principal shareholder of the
participating financial institution; or
(III) a related interest of any such executive officer,
director, principal shareholder, or member of the immediate
family;
(B) shall require the participating financial institution
to provide assurances to the participating State that the
loan has not been made in order to place under the protection
of the Program prior debt that is not covered under the
Program and that is or was owed by the borrower to the
participating financial institution or to an affiliate of the
participating financial institution;
(C) may provide that if--
(i) a participating financial institution makes a loan to a
borrower that is a refinancing of a loan previously made to
the borrower by the participating financial institution or an
affiliate of the participating financial institution;
(ii) such prior loan was not enrolled in the Program; and
(iii) additional or new financing is extended by the
participating financial institution as part of the
refinancing,
the participating financial institution may file the loan for
enrollment, with the amount to be covered under the Program
not to exceed the amount of any additional or new financing;
and
(D) may include additional restrictions on the eligibility
of loans or borrowers that are not inconsistent with the
provisions and purposes of this subtitle.
(2) Definitions.--For purposes of this subsection, the
terms ``executive officer'', ``director'', ``principal
shareholder'', ``immediate family'', and ``related interest''
refer to the same relationship to a participating financial
institution as the relationship described in part 215 of
title 12 of the Code of Federal Regulations, or any successor
to such part.
(q) Termination Clause.--In each participation agreement,
the participating State shall reserve for itself the ability
to terminate its obligation to enroll loans under the
Program. Any such termination shall be prospective only, and
shall not apply to amounts of loans enrolled under the
Program prior to such termination.
(r) Allowable Withdrawals From Fund.--The participation
agreement may provide that, if, for any consecutive period of
not less than 24 months, the aggregate outstanding balance of
all enrolled loans for a participating financial institution
is continually less than the outstanding balance in the
reserve fund for that participating financial institution,
the participating State, in its discretion, may withdraw an
amount from the reserve fund to bring the balance in the
reserve fund down to the outstanding balance of all such
enrolled loans.
(s) Grandfathered Provision.--
[[Page 1465]]
(1) Special treatment of premium charges.--Notwithstanding
subsection (b) or (d), the participation agreement, if
explicitly authorized by a statute enacted by the State
before the date of enactment of this Act, may allow a
participating financial institution to treat the premium
charges paid by the participating financial institution and
the borrower into the reserve fund, and interest or income
earned on funds in the reserve fund that are deemed to be
attributable to such premium charges, as assets of the
participating financial institution for accounting purposes,
subject to withdrawal by the participating financial
institution only--
(A) for the payment of claims approved by the participating
State in accordance with this section; and
(B) upon the participating financial institution's
withdrawal from authority to make new loans under the
Program.
(2) Payment of post-withdrawal claims.--After any
withdrawal of assets from the reserve fund pursuant to
paragraph (1)(B), any future claims filed by the
participating financial institution on loans remaining in its
capital access program portfolio shall only be paid from
funds remaining in the reserve fund to the extent that, in
the aggregate, such claims exceed the sum of the amount of
such withdrawn assets, and interest on that amount, imputed
at the same rate as income would have accrued had the amount
not been withdrawn.
(3) Conditions for terminating special authority.--If the
Fund determines that the inclusion in a participation
agreement of the provisions authorized by this subsection is
resulting in the enrollment of loans under the Program that
are likely to have been made without assistance provided
under this subtitle, the Fund may notify the participating
State that henceforth, the Fund will only make reimbursements
to the State under section 257 with respect to a loan if the
participation agreement between the participating State and
each participating financial institution has been amended to
conform with this section, without exercise of the special
authority granted by this subsection.
SEC. 256. REPORTS.
(a) Reserve Funds Report.--On or before the last day of
each calendar quarter, a participating State shall submit to
the Fund a report of contributions to reserve funds made by
the participating State during the previous calendar quarter.
If the participating State has made contributions to one or
more reserve funds during the previous quarter, the report
shall--
(1) indicate the total amount of such contributions;
(2) indicate the amount of contributions which is subject
to reimbursement, which shall be equal to the total amount of
contributions, unless one of the limitations contained in
section 257 is applicable;
(3) if one of the limitations in section 257 is applicable,
provide documentation of the applicability of such limitation
for each loan for which the limitation applies; and
(4) include a certification by the participating State
that--
(A) the information provided in accordance with paragraphs
(1), (2), and (3) is accurate;
(B) funds in an amount meeting the minimum requirements of
section 253(b)(3) continue to be available and legally
committed to contributions by the State to reserve funds,
less any amount that has been contributed by the State to
reserve funds subsequent to the State being approved for
participation in the Program;
(C) there has been no unapproved amendment to any
participation agreement or the form of participation
agreements; and
(D) the participating State is otherwise implementing the
Program in accordance with this subtitle and regulations
issued pursuant to section 259.
(b) Annual Data.--Not later than March 31 of each year,
each participating State shall submit to the Fund annual data
indicating the number of borrowers financed under the
Program, the total amount of covered loans, and breakdowns by
industry type, loan size, annual sales, and number of
employees of the borrowers financed.
(c) Form.--The reports and data filed pursuant to
subsections (a) and (b) shall be in such form as the Fund may
require.
SEC. 257. REIMBURSEMENT BY THE FUND.
(a) Reimbursements.--Not later than 30 calendar days after
receiving a report filed in compliance with section 256, the
Fund shall reimburse the participating State in an amount
equal to 50 percent of the amount of contributions by the
participating State to the reserve funds that are subject to
reimbursement by the Fund pursuant to section 256 and this
section. The Fund shall reimburse participating States, as it
receives reports pursuant to section 256(a), until available
funds are expended.
(b) Size of Assisted Borrower.--The Fund shall not provide
any reimbursement to a participating State with respect to an
enrolled loan made to a borrower that has 500 or more
employees at the time that the loan is enrolled in the
Program.
(c) Three-Year Maximum.--The amount of reimbursement to be
provided by the Fund to a participating State over any 3-year
period in connection with loans made to any single borrower
or any group of borrowers among which a common enterprise
exists shall not exceed $75,000. For purposes of this
subsection, ``common enterprise'' shall have the same meaning
as in part 32 of title 12 of the Code of Federal Regulations,
or any successor to that part.
(d) Loans Totaling Less Than $2,000,000.--In connection
with a loan in which the covered amount of the loan plus the
covered amount of all previous loans enrolled by a
participating financial institution does not exceed
$2,000,000, the amount of reimbursement by the Fund to the
participating State shall not exceed the lesser of--
(1) 75 percent of the sum of the premium charges paid to
the reserve fund by the borrower and the participating
financial institution; or
(2) 5.25 percent of the covered amount of the loan.
(e) Loans Totaling More Than $2,000,000.--In connection
with a loan in which the sum of the covered amounts of all
previous loans enrolled by the participating financial
institution in the Program equals or exceeds $2,000,000, the
amount of reimbursement to be provided by the Fund to the
participating State shall not exceed the lesser of--
(1) 50 percent of the sum of the premium charges paid by
the borrower and the participating financial institution; or
(2) 3.5 percent of the covered amount of the loan.
(f) Other Amounts.--In connection with the enrollment of a
loan that will cause the aggregate covered amount of all
enrolled loans to exceed $2,000,000, the amount of
reimbursement by the Fund to the participating State shall be
determined--
(1) by applying subsection (d) to the portion of the loan,
which when added to the aggregate covered amount of all
previously enrolled loans equals $2,000,000; and
(2) by applying subsection (e) to the balance of the loan.
SEC. 258. REIMBURSEMENT TO THE FUND.
(a) In General.--If a participating State withdraws funds
from a reserve fund pursuant to terms of the participation
agreement permitted by subsection (d) or (r) of section 255,
such participating State shall, not later than 15 calendar
days after such withdrawal, submit to the Fund an amount
computed by multiplying the amount withdrawn by the
appropriate factor, as determined under subsection (b).
(b) Factor.--The appropriate factor shall be obtained by
dividing the total amount of contributions that have been
made by the participating State to all reserve funds which
were subject to reimbursement--
(1) by 2; and
(2) by the total amount of contributions made by the
participating State to all reserve funds, including if
applicable, contributions that have been made by the State
prior to becoming a participating State if the State
continued its own capital access program in accordance with
section 253(b).
(c) Use of Reimbursements.--The Fund may use funds
reimbursed pursuant to this section to make reimbursements
under section 257.
SEC. 259. REGULATIONS.
The Fund shall promulgate appropriate regulations to
implement this subtitle.
SEC. 260. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are authorized to be appropriated to the
Fund $50,000,000 to carry out this subtitle.
(b) Budgetary Treatment.--The amount authorized to be
appropriated under subsection (a) shall be subject to
discretionary spending caps, as provided in section 601 of
the Congressional Budget Act of 1974, and therefore shall
reduce by an equal amount funds made available for other
discretionary spending programs.
SEC. 261. EFFECTIVE DATE.
This subtitle shall become effective on January 6, 1996.
TITLE III--PAPERWORK REDUCTION AND REGULATORY IMPROVEMENT
SEC. 301. INCORPORATED DEFINITIONS.
Unless otherwise specifically provided in this title, for
purposes of this title--
(1) the terms ``appropriate Federal banking agency'',
``Federal banking agencies'', ``insured depository
institution'', and ``State bank supervisor'' have the same
meanings as in section 3 of the Federal Deposit Insurance
Act; and
(2) the term ``insured credit union'' has the same meaning
as in section 101 of the Federal Credit Union Act.
SEC. 302. ADMINISTRATIVE CONSIDERATION OF BURDEN WITH NEW
REGULATIONS.
(a) Agency Considerations.--In determining the effective
date and administrative compliance requirements for new
regulations that impose additional reporting, disclosure, or
other requirements on insured depository institutions, each
Federal banking agency shall consider, consistent with the
principles of safety and soundness and the public interest--
(1) any administrative burdens that such regulations would
place on depository institutions, including small depository
institutions and customers of depository institutions; and
(2) the benefits of such regulations.
(b) Adequate Transition Period for New Regulations.--
(1) In general.--New regulations and amendments to
regulations prescribed by a Federal banking agency which
impose additional reporting, disclosures, or other new
requirements on insured depository institutions shall take
effect on the first day of a calendar quarter which begins on
or after the date on which the regulations are published in
final form, unless--
(A) the agency determines, for good cause published with
the regulation, that the regulation should become effective
before such time;
[[Page 1466]]
(B) the regulation is issued by the Board of Governors of
the Federal Reserve System in connection with the
implementation of monetary policy; or
(C) the regulation is required to take effect on a date
other than the date determined under this paragraph pursuant
to any other Act of Congress.
(2) Early compliance.--Any person who is subject to a
regulation described in paragraph (1) may comply with the
regulation before the effective date of the regulation.
SEC. 303. STREAMLINING OF REGULATORY REQUIREMENTS.
(a) Review of Regulations; Regulatory Uniformity.--During
the 2-year period beginning on the date of enactment of this
Act, each Federal banking agency shall, consistent with the
principles of safety and soundness, statutory law and policy,
and the public interest--
(1) conduct a review of the regulations and written
policies of that agency to--
(A) streamline and modify those regulations and policies in
order to improve efficiency, reduce unnecessary costs, and
eliminate unwarranted constraints on credit availability;
(B) remove inconsistencies and outmoded and duplicative
requirements; and
(C) with respect to regulations prescribed pursuant to
section 18(o) of the Federal Deposit Insurance Act, consider
the impact that such standards have on the availability of
credit for small business, residential, and agricultural
purposes, and on low- and moderate-income communities;
(2) work jointly with the other Federal banking agencies to
make uniform all regulations and guidelines implementing
common statutory or supervisory policies; and
(3) submit a joint report to the Congress at the end of
such 2-year period detailing the progress of the agencies in
carrying out this subsection.
(b) Review of Disclosures.--The Board of Governors of the
Federal Reserve System, in consultation with the consumer
advisory council to such Board, consumers, representatives of
consumers, lenders, and other interested persons, shall--
(1) review the regulations and written policies of the
Board with respect to disclosures pursuant to the Truth in
Lending Act with regard to variable-rate mortgages in order
to simplify the disclosures, if necessary, and make the
disclosures more meaningful and comprehensible to consumers;
(2) implement any necessary regulatory changes, consistent
with applicable law; and
(3) not later than 2 years after completion of the review
required by paragraph (1), submit a report to the Congress on
the results of its actions taken in accordance with this
subsection and any recommended legislative actions.
SEC. 304. ELIMINATION OF DUPLICATIVE FILINGS.
The Federal banking agencies shall work jointly--
(1) to eliminate, to the extent practicable, duplicative or
otherwise unnecessary requests for information in connection
with applications or notices to the agencies; and
(2) to harmonize, to the extent practicable, any
inconsistent publication and public notice requirements.
SEC. 305. COORDINATED AND UNIFIED EXAMINATIONS.
(a) In General.--Section 10(d) of the Federal Deposit
Insurance Act (12 U.S.C. 1820(d)) is amended by adding at the
end the following new paragraphs:
``(6) Coordinated examinations.--To minimize the disruptive
effects of examinations on the operations of insured
depository institutions--
``(A) each appropriate Federal banking agency shall, to the
extent practicable and consistent with principles of safety
and soundness and the public interest--
``(i) coordinate examinations to be conducted by that
agency at an insured depository institution and its
affiliates;
``(ii) coordinate with the other appropriate Federal
banking agencies in the conduct of such examinations;
``(iii) work to coordinate with the appropriate State bank
supervisor--
``(I) the conduct of all examinations made pursuant to this
subsection; and
``(II) the number, types, and frequency of reports required
to be submitted to such agencies and supervisors by insured
depository institutions, and the type and amount of
information required to be included in such reports; and
``(iv) use copies of reports of examinations of insured
depository institutions made by any other Federal banking
agency or appropriate State bank supervisor to eliminate
duplicative requests for information; and
``(B) not later than 2 years after the date of enactment of
the Riegle Community Development and Regulatory Improvement
Act of 1994, the Federal banking agencies shall jointly
establish and implement a system for determining which one of
the Federal banking agencies shall be the lead agency
responsible for managing a unified examination of each
insured depository institution and its affiliates, as
required by this subsection.
``(7) Separate examinations permitted.--Notwithstanding
paragraph (6), each appropriate Federal banking agency may
conduct a separate examination in an emergency or under other
exigent circumstances, or when the agency believes that a
violation of law may have occurred.
``(8) Report.--At the time the system provided for in
paragraph (6) is established, the Federal banking agencies
shall submit a joint report describing the system to the
Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Banking, Finance and Urban
Affairs of the House of Representatives. Thereafter, the
Federal banking agencies shall annually submit a joint report
to the Committee on Banking, Housing, and Urban Affairs of
the Senate and the Committee on Banking, Finance and Urban
Affairs of the House of Representatives regarding the
progress of the agencies in implementing the system and
indicating areas in which enhancements to the system,
including legislature improvements, would be appropriate.''.
(b) State Access to Federal Agency Reports.--The first
sentence of section 7(a)(2)(A) of the Federal Deposit
Insurance Act (12 U.S.C. 1817(a)(2)(A)) is amended by
inserting ``and, with respect to any State depository
institution, any appropriate State bank supervisor for such
institution,'' after ``The Corporation''.
SEC. 306. EIGHTEEN-MONTH EXAMINATION RULE FOR CERTAIN SMALL
INSTITUTIONS.
(a) In General.--Section 10(d)(4) of the Federal Deposit
Insurance Act (12 U.S.C. 1820(d)(4)) is amended--
(1) in subparagraph (A), by striking ``$100,000,000'' and
inserting ``$250,000,000'';
(2) in subparagraph (C), by striking ``and its composite
condition was found to be outstanding; and'' and inserting
``and its composite condition--
``(i) was found to be outstanding; or
``(ii) was found to be outstanding or good, in the case of
an insured depository institution that has total assets of
not more than $100,000,000;'';
(3) by redesignating subparagraph (D) as subparagraph (E);
and
(4) by inserting after subparagraph (C) the following new
subparagraph:
``(D) the insured institution is not currently subject to a
formal enforcement proceeding or order by the Corporation or
the appropriate Federal banking agency; and''.
(b) Agency Discretion To Raise Asset Limit.--Section 10(d)
of the Federal Deposit Insurance Act (12 U.S.C. 1820(d)) is
amended by adding at the end the following new paragraph:
``(8) Agencies authorized to increase maximum asset amount
of institutions for certain purposes.--At any time after the
end of the 2-year period beginning on the date of enactment
of the Riegle Community Development and Regulatory
Improvement Act of 1994, the appropriate Federal banking
agency, in the agency's discretion, may increase the maximum
amount limitation contained in paragraph (4)(C)(ii), by
regulation, from $100,000,000 to an amount not to exceed
$175,000,000 for purposes of such paragraph, if the agency
determines that the greater amount would be consistent with
the principles of safety and soundness for insured depository
institutions.''.
SEC. 307. CALL REPORT SIMPLIFICATION.
(a) Modernization of Call Report Filing and Disclosure
System.--In order to reduce the administrative requirements
pertaining to bank reports of condition, savings association
financial reports, and bank holding company consolidated and
parent-only financial statements, and to improve the
timeliness of such reports and statements, the Federal
banking agencies shall--
(1) work jointly to develop a system under which--
(A) insured depository institutions and their affiliates
may file such reports and statements electronically; and
(B) the Federal banking agencies may make such reports and
statements available to the public electronically; and
(2) not later than 1 year after the date of enactment of
this Act, report to the Congress and make recommendations for
legislation that would enhance efficiency for filers and
users of such reports and statements.
(b) Uniform Reports and Simplification of Instructions.--
The Federal banking agencies shall, consistent with the
principles of safety and soundness, work jointly--
(1) to adopt a single form for the filing of core
information required to be submitted under Federal law to all
such agencies in the reports and statements referred to in
subsection (a); and
(2) to simplify instructions accompanying such reports and
statements and to provide an index to the instructions that
is adequate to meet the needs of both filers and users.
(c) Review of Call Report Schedule.--Each Federal banking
agency shall--
(1) review the information required by schedules
supplementing the core information referred to in subsection
(b); and
(2) eliminate requirements that are not warranted for
reasons of safety and soundness or other public purposes.
SEC. 308. REPEAL OF PUBLICATION REQUIREMENTS.
(a) Revised Statutes.--Section 5211 of the Revised Statutes
(12 U.S.C. 161) is amended--
(1) in the 5th sentence of subsection (a), by striking ``;
and the statement of resources'' and all that follows through
``as may be required by the Comptroller''; and
(2) in subsection (c), by striking the 4th sentence.
(b) FDIA.--Section 7(a)(1) of the Federal Deposit Insurance
Act (12 U.S.C. 1817(a)(1)) is amended by striking the 4th
sentence.
(c) Federal Reserve Act.--Section 9 of the Federal Reserve
Act (12 U.S.C. 324) is amended in the last sentence of the
6th undesignated paragraph, by striking ``and shall be
published'' and all that follows through the end of the
sentence and inserting a period.
[[Page 1467]]
SEC. 309. REGULATORY APPEALS PROCESS, OMBUDSMAN, AND
ALTERNATIVE DISPUTE RESOLUTION.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, each appropriate Federal banking
agency and the National Credit Union Administration Board
shall establish an independent intra-agency appellate
process. The process shall be available to review material
supervisory determinations made at insured depository
institutions or at insured credit unions that the agency
supervises.
(b) Review Process.--In establishing the independent
appellate process under subsection (a), each agency shall
ensure that--
(1) any appeal of a material supervisory determination by
an insured depository institution or insured credit union is
heard and decided expeditiously; and
(2) appropriate safeguards exist for protecting the
appellant from retaliation by agency examiners.
(c) Comment Period.--Not later than 90 days after the date
of enactment of this Act, each appropriate Federal banking
agency and the National Credit Union Administration Board
shall provide public notice and opportunity for comment on
proposed guidelines for the establishment of an appellate
process under this section.
(d) Agency Ombudsman.--
(1) Establishment required.--Not later than 180 days after
the date of enactment of this Act, each Federal banking
agency and the National Credit Union Administration Board
shall appoint an ombudsman.
(2) Duties of ombudsman.--The ombudsman appointed in
accordance with paragraph (1) for any agency shall--
(A) act as a liaison between the agency and any affected
person with respect to any problem such party may have in
dealing with the agency resulting from the regulatory
activities of the agency; and
(B) assure that safeguards exist to encourage complainants
to come forward and preserve confidentiality.
(e) Alternative Dispute Resolution Pilot Program.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, each Federal banking agency and the
National Credit Union Administration Board shall develop and
implement a pilot program for using alternative means of
dispute resolution of issues in controversy (hereafter in
this section referred to as the ``alternative dispute
resolution program'') that is consistent with the
requirements of subchapter IV of chapter 5 of title 5, United
States Code, if the parties to the dispute, including the
agency, agree to such proceeding.
(2) Standards.--An alternative dispute resolution pilot
program developed under paragraph (1) shall--
(A) be fair to all interested parties to a dispute;
(B) resolve disputes expeditiously; and
(C) be less costly than traditional means of dispute
resolution, including litigation.
(3) Independent evaluation.--Not later than 18 months after
the date on which a pilot program is implemented under
paragraph (1), the Administrative Conference of the United
States shall submit to the Congress a report containing--
(A) an evaluation of that pilot program;
(B) the extent to which the pilot programs meet the
standards established under paragraph (2);
(C) the extent to which parties to disputes were offered
alternative means of dispute resolution and the frequency
with which the parties, including the agencies, accepted or
declined to use such means; and
(D) any recommendations of the Conference to improve the
alternative dispute resolution procedures of the Federal
banking agencies and the National Credit Union Administration
Board.
(4) Implementation of program.--At any time after
completion of the evaluation under paragraph (3)(A), any
Federal banking agency and the National Credit Union
Administration Board may implement an alternative dispute
resolution program throughout the agency, taking into account
the results of that evaluation.
(5) Coordination with existing agency adr programs.--
(A) Evaluation required.--If any Federal banking agency or
the National Credit Union Administration maintains an
alternative dispute resolution program as of the date of
enactment of this Act under any other provision of law, the
Administrative Conference of the United States shall include
such program in the evaluation conducted under paragraph
(3)(A).
(B) Multiple adr programs.--No provision of this section
shall be construed as precluding any Federal banking agency
or the National Credit Union Administration Board from
establishing more than 1 alternative means of dispute
resolution.
(f) Definitions.--For purposes of this section, the
following definitions shall apply:
(1) Material supervisory determinations.--The term
``material supervisory determinations''--
(A) includes determinations relating to--
(i) examination ratings;
(ii) the adequacy of loan loss reserve provisions; and
(iii) loan classifications on loans that are significant to
an institution; and
(B) does not include a determination by a Federal banking
agency or the National Credit Union Administration Board to
appoint a conservator or receiver for an insured depository
institution or a liquidating agent for an insured credit
union, as the case may be, or a decision to take action
pursuant to section 38 of the Federal Deposit Insurance Act
or section 212 of the Federal Credit Union Act, as
appropriate.
(2) Independent appellate process.--The term ``independent
appellate process'' means a review by an agency official who
does not directly or indirectly report to the agency official
who made the material supervisory determination under review.
(3) Alternative means of dispute resolution.--The term
``alternative means of dispute resolution'' has the meaning
given to such term in section 571 of title 5, United States
Code.
(4) Issues in controversy.--The term ``issues in
controversy'' means--
(A) any final agency decision involving any claim against
an insured depository institution or insured credit union for
which the agency has been appointed conservator or receiver
or for which a liquidating agent has been appointed, as the
case may be;
(B) any final action taken by an agency in the agency's
capacity as conservator or receiver for an insured depository
institution or by the liquidating agent appointed for an
insured credit union; and
(C) any other issue for which the appropriate Federal
banking agency or the National Credit Union Administration
Board determines that alternative means of dispute resolution
would be appropriate.
(g) Effect on Other Authority.--Nothing in this section
shall affect the authority of an appropriate Federal banking
agency or the National Credit Union Administration Board to
take enforcement or supervisory action.
SEC. 310. ELECTRONIC FILING OF CURRENCY TRANSACTION REPORTS.
Section 123 of Public Law 91-508 (12 U.S.C. 1953) is
amended by adding at the end the following new subsection:
``(c) Acceptance of Automated Records.--The Secretary shall
permit an uninsured bank or financial institution to retain
or maintain records referred to in subsection (a) in
electronic or automated form, subject to terms and conditions
established by the Secretary.''.
SEC. 311. BANK SECRECY ACT PUBLICATION REQUIREMENTS.
(a) In General.--Subchapter II of chapter 53 of title 31,
United States Code, is amended by adding at the end the
following new section:
``SEC. 5329. STAFF COMMENTARIES.
``The Secretary shall--
``(1) publish all written rulings interpreting this
subchapter; and
``(2) annually issue a staff commentary on the regulations
issued under this subchapter.''.
(b) Conforming Amendment.--The table of sections for
chapter 53 of title 31, United States Code, is amended by
inserting after the item relating to section 5328 the
following new item:
``5329. Staff commentaries.''.
SEC. 312. EXEMPTION OF BUSINESS LOANS FROM REAL ESTATE
SETTLEMENT PROCEDURES ACT REQUIREMENTS.
The Real Estate Settlement Procedures Act of 1974 (12
U.S.C. 2601 et seq.) is amended by inserting after section 6
the following new section:
``SEC. 7. EXEMPTED TRANSACTIONS.
``This Act does not apply to credit transactions involving
extensions of credit--
``(1) primarily for business, commercial, or agricultural
purposes; or
``(2) to government or governmental agencies or
instrumentalities.''.
SEC. 313. FLEXIBILITY IN CHOOSING BOARDS OF DIRECTORS.
Section 5146 of the Revised Statutes (12 U.S.C. 72) is
amended in the 1st sentence, by striking ``two thirds'' and
inserting ``a majority''.
SEC. 314. HOLDING COMPANY AUDIT REQUIREMENTS.
(a) In General.--Section 36(i) of the Federal Deposit
Insurance Act (12 U.S.C. 1831m(i)) is amended--
(1) by redesignating paragraph (1) as subparagraph (A) and
indenting appropriately;
(2) by striking ``Except with respect'' and inserting the
following:
``(1) In general.--Except with respect''; and
(3) by striking paragraph (2) and inserting the following:
``(B) the institution--
``(i) has total assets, as of the beginning of such fiscal
year, of less than $5,000,000,000; or
``(ii) has--
``(I) total assets, as of the beginning of such fiscal
year, of $5,000,000,000, or more; and
``(II) a CAMEL composite rating of 1 or 2 under the Uniform
Financial Institutions Rating System (or an equivalent rating
by any such agency under a comparable rating system) as of
the most recent examination of such institution by the
Corporation or the appropriate Federal banking agency.
``(2) Large institutions.--For purposes of this subsection,
in the case of an insured depository institution described in
paragraph (1)(B)(ii) that the Corporation determines to be a
large institution, the audit committee of the holding company
of such an institution shall not include any large customers
of the institution.
``(3) Applicability based on risk to fund.--The appropriate
Federal banking agency may require an institution with total
assets in excess of $9,000,000,000 to comply with this
section, notwithstanding the exemption provided by this
subsection, if it de-
[[Page 1468]]
termines that such exemption would create a significant risk
to the affected deposit insurance fund if applied to that
institution.''.
(b) Written Notice of Requirement for Audit of Quarterly
Reports.--Section 36(g)(2) of the Federal Deposit Insurance
Act (12 U.S.C. 1831m(g)(2)) is amended by adding at the end
the following new subparagraph:
``(D) Notice to institution.--The Corporation shall
promptly notify an insured depository institution, in
writing, of a determination pursuant to subparagraph (A) to
require a review of such institution's quarterly financial
reports.''.
SEC. 315. STATE REGULATION OF REAL ESTATE APPRAISALS.
Section 1122 of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (12 U.S.C. 3351) is
amended--
(1) by redesignating subsections (b) through (e) as
subsections (c) through (f), respectively;
(2) by inserting after subsection (a) the following new
subsection:
``(b) Reciprocity.--The Appraisal Subcommittee shall
encourage the States to develop reciprocity agreements that
readily authorize appraisers who are licensed or certified in
one State (and who are in good standing with their State
appraiser certifying or licensing agency) to perform
appraisals in other States.''; and
(3) in subsection (a)--
(A) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C);
(B) by striking ``A State'' and inserting the following:
``(1) In general.--A State''; and
(C) by adding at the end the following new paragraph:
``(2) Fees for temporary practice.--A State appraiser
certifying or licensing agency shall not impose excessive
fees or burdensome requirements, as determined by the
Appraisal Subcommittee, for temporary practice under this
subsection.''.
SEC. 316. ACCELERATION OF EFFECTIVE DATE FOR INTERAFFILIATE
TRANSACTIONS.
(a) Home Owners' Loan Act Amendment.--Section 11(a)(2) of
the Home Owners' Loan Act (12 U.S.C. 1468(a)(2)) is amended
by adding at the end the following new subparagraph:
``(C) Transition rule for well capitalized savings
associations.--
``(i) In general.--A savings association that is well
capitalized (as defined in section 38 of the Federal Deposit
Insurance Act), as determined without including goodwill in
calculating core capital, shall be treated as a bank for
purposes of section 23A(d)(1) and section 23B of the Federal
Reserve Act.
``(ii) Liability of commonly controlled depository
institutions.--Any savings association that engages under
clause (i) in a transaction that would not otherwise be
permissible under this subsection, and any affiliated insured
bank that is commonly controlled (as defined in section
5(e)(9) of the Federal Deposit Insurance Act), shall be
subject to subsection (e) of section 5 of the Federal Deposit
Insurance Act as if paragraph (6) of that subsection did not
apply.''.
(b) Repeal Provision.--Effective on January 1, 1995,
subparagraph (C) of section 11(a)(2) of the Home Owners' Loan
Act (12 U.S.C. 1468(a)(2)) (as added by subsection (a) of
this section) is repealed.
SEC. 317. COLLATERALIZATION OF PUBLIC DEPOSITS.
Section 13(e) of the Federal Deposit Insurance Act (12
U.S.C. 1823(e)) is amended--
(1) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and indent
appropriately;
(2) by striking ``No agreement'' and inserting the
following:
``(1) In general.--No agreement''; and
(3) by adding at the end the following new paragraph:
``(2) Public deposits.--An agreement to provide for the
lawful collateralization of deposits of a Federal, State, or
local governmental entity or of any depositor referred to in
section 11(a)(2) shall not be deemed to be invalid pursuant
to paragraph (1)(B) solely because such agreement was not
executed contemporaneously with the acquisition of the
collateral or with any changes in the collateral made in
accordance with such agreement.''.
SEC. 318. MODIFICATION OF REGULATORY PROVISIONS.
(a) In General.--Section 39(b) of the Federal Deposit
Insurance Act (12 U.S.C. 1831p-1(b), as added by section
132(a) of the Federal Deposit Insurance Corporation
Improvement Act of 1991) is amended to read as follows:
``(b) Asset Quality, Earnings, and Stock Valuation
Standards.--Each appropriate Federal banking agency shall
prescribe standards, by regulation or guideline, for all
insured depository institutions relating to asset quality,
earnings, and stock valuation that the agency determines to
be appropriate.''.
(b) Establishing Standards.--Section 39(d) of the Federal
Deposit Insurance Act (12 U.S.C. 1831p-1(d), as added by
section 132(a) of the Federal Deposit Insurance Corporation
Improvement Act of 1991) is amended--
(1) in the subsection heading, by striking ``by
Regulation''; and
(2) in paragraph (1)--
(A) in the 1st sentence, by inserting ``or guideline''
before the period; and
(B) in the 2d sentence, by inserting ``or guidelines''
after ``Such regulations''.
(c) Holding Companies Excluded From Scope of Standards.--
Section 39 of the Federal Deposit Insurance Act (12 U.S.C.
1831p-1, as added by section 132(a) of the Federal Deposit
Insurance Corporation Improvement Act of 1991) is amended--
(1) in subsections (a), by striking ``and depository
institution holding companies''; and
(2) in subsection (e)--
(A) by striking ``or company'' each place such term
appears;
(B) in paragraphs (1)(A) and (2), by striking ``or
depository institution holding company'';
(C) in paragraph (1)(A)--
(i) by striking ``or (b) the agency shall require'' and
inserting the following: ``or (b)--
``(i) if such standard is prescribed by regulation of the
agency, the agency shall require''; and
(ii) by striking the period at the end and inserting the
following: ``; and
``(ii) if such standard is prescribed by guideline, the
agency may require the institution to submit a plan described
in clause (i).''; and
(D) in paragraph (1)(C)(i), by striking ``and companies''.
(d) Effective Date.--The amendments made by this section
shall be construed to have the same effective date as section
39 of the Federal Deposit Insurance Act, as provided in
section 132(c) of the Federal Deposit Insurance Corporation
Improvement Act of 1991.
SEC. 319. EXPEDITED PROCEDURES.
(a) Amendments to the Bank Holding Company Act.--The 2d
sentence of section 3(a) of the Bank Holding Company Act of
1956 (12 U.S.C. 1842(a)) is amended--
(1) by striking ``or (B)'' and inserting ``(B)''; and
(2) by inserting before the period the following: ``; or
(C) the acquisition, by a company, of control of a bank in a
reorganization in which a person or group of persons
exchanges their shares of the bank for shares of a newly
formed bank holding company and receives after the
reorganization substantially the same proportional share
interest in the holding company as they held in the bank
except for changes in shareholders' interests resulting from
the exercise of dissenting shareholders' rights under State
or Federal law if--
``(i) immediately following the acquisition--
``(I) the bank holding company meets the capital and other
financial standards prescribed by the Board by regulation for
such a bank holding company; and
``(II) the bank is adequately capitalized (as defined in
section 38 of the Federal Deposit Insurance Act);
``(ii) the holding company does not engage in any
activities other than those of managing and controlling banks
as a result of the reorganization;
``(iii) the company provides 30 days prior notice to the
Board and the Board does not object to such transaction
during such 30-day period; and
``(iv) the holding company will not acquire control of any
additional bank as a result of the reorganization.''.
(b) Amendments to the Federal Deposit Insurance Act.--
Section 5(d)(3) of the Federal Deposit Insurance Act (12
U.S.C. 1815(d)(3)) is amended--
(1) by striking subparagraph (A) and inserting the
following:
``(A) Conversions allowed.--Notwithstanding paragraph
(2)(A), and subject to the requirements of this paragraph,
any insured depository institution may participate in a
transaction described in clause (ii), (iii), or (iv) of
paragraph (2)(B) with the prior written approval of the
responsible agency under section 18(c)(2).'';
(2) in subparagraph (E)--
(A) in clause (i), by striking ``(and, in the event the
acquiring, assuming, or resulting depository institution is a
Bank Insurance Fund member which is a subsidiary of a bank
holding company, the Board)'';
(B) in clause (ii), by striking ``or Board''; and
(C) in clause (iv)--
(i) by striking ``, and the appropriate Federal banking
agency for any depository institution holding company,'';
(ii) by striking ``each''; and
(iii) by striking ``, and any depository institution
holding company which controls such institution,'';
(3) in subparagraph (F)--
(A) by striking ``The Board'' and all that follows through
``a Bank'' and inserting ``A Bank''; and
(B) by striking ``unless the Board determines that'' and
inserting ``may not be the acquiring, assuming, or resulting
depository institution in a transaction under subparagraph
(A) unless''; and
(4) by striking subparagraph (K).
SEC. 320. EXEMPTION OF CERTAIN HOLDING COMPANY FORMATIONS
FROM REGISTRATION UNDER THE SECURITIES ACT OF
1933.
Section 3(a) of the Securities Act of 1933 (15 U.S.C.
77c(a)) is amended by adding at the end the following new
paragraph:
``(12) Any equity security issued in connection with the
acquisition by a holding company of a bank under section 3(a)
of the Bank Holding Company Act of 1956 or a savings
association under section 10(e) of the Home Owners' Loan Act,
if--
``(A) the acquisition occurs solely as part of a
reorganization in which security holders exchange their
shares of a bank or savings association for shares of a newly
formed holding company with no significant assets other than
securities of the bank or savings association and the
existing subsidiaries of the bank or savings association;
[[Page 1469]]
``(B) the security holders receive, after that
reorganization, substantially the same proportional share
interests in the holding company as they held in the bank or
savings association, except for nominal changes in
shareholders' interests resulting from lawful elimination of
fractional interests and the exercise of dissenting
shareholders' rights under State or Federal law;
``(C) the rights and interests of security holders in the
holding company are substantially the same as those in the
bank or savings association prior to the transaction, other
than as may be required by law; and
``(D) the holding company has substantially the same assets
and liabilities, on a consolidated basis, as the bank or
savings association had prior to the transaction.
For purposes of this paragraph, the term `savings
association' means a savings association (as defined in
section 3(b) of the Federal Deposit Insurance Act) the
deposits of which are insured by the Federal Deposit
Insurance Corporation.''.
SEC. 321. REDUCTION OF POST-APPROVAL WAITING PERIODS FOR
CERTAIN ACQUISITIONS AND MERGERS.
(a) Acquisitions.--Section 11(b)(1) of the Bank Holding
Company Act of 1956 (12 U.S.C. 1849(b)(1)) is amended by
inserting before the period at the end of the 4th sentence
the following: ``or, if the Board has not received any
adverse comment from the Attorney General of the United
States relating to competitive factors, such shorter period
of time as may be prescribed by the Board with the
concurrence of the Attorney General, but in no event less
than 15 calendar days after the date of approval''.
(b) Mergers.--Section 18(c)(6) of the Federal Deposit
Insurance Act (12 U.S.C. 1828(c)(6)) is amended by inserting
before the period at the end of the last sentence the
following: ``or, if the agency has not received any adverse
comment from the Attorney General of the United States
relating to competitive factors, such shorter period of time
as may be prescribed by the agency with the concurrence of
the Attorney General, but in no event less than 15 calendar
days after the date of approval''.
SEC. 322. BANKERS' BANKS.
(a) Ownership by Bankers' Banks.--
(1) Section 5136.--Paragraph Seventh of section 5136 of the
Revised Statutes (12 U.S.C. 24) is amended in the 5th
proviso--
(A) by inserting ``or depository institution holding
companies (as defined in section 3 of the Federal Deposit
Insurance Act)'' after ``(except to the extent directors'
qualifying shares are required by law) by depository
institutions''; and
(B) by striking ``services for other depository
institutions and their officers, directors and employees''
and inserting the following: ``services to or for other
depository institutions, their holding companies, and the
officers, directors, and employees of such institutions and
companies, and in providing correspondent banking services at
the request of other depository institutions or their holding
companies (also referred to as a `banker's bank')''.
(2) Section 5169.--Section 5169(b)(1) of the Revised
Statutes (12 U.S.C. 27(b)(1)) is amended--
(A) by inserting ``or depository institution holding
companies'' after ``(except to the extent directors'
qualifying shares are required by law) by other depository
institutions''; and
(B) by striking ``services for other depository
institutions and their officers, directors and employees''
and inserting the following: ``services to or for other
depository institutions, their holding companies, and the
officers, directors, and employees of such institutions and
companies, and in providing correspondent banking services at
the request of other depository institutions or their holding
companies (also referred to as a `banker's bank')''.
(b) Ownership by Savings Associations.--Section 5(c)(4) of
the Home Owners' Loan Act (12 U.S.C. 1464(c)(4)) is amended
by adding at the end the following new subparagraph:
``(E) Bankers' banks.--A Federal savings association may
purchase for its own account shares of stock of a bankers'
bank, described in Paragraph Seventh of section 5136 of the
Revised Statutes or in section 5169(b) of the Revised
Statutes, on the same terms and conditions as a national bank
may purchase such shares.''.
(c) Technical and Conforming Amendments.--
(1) Bank holding company act.--Section 3(e) of the Bank
Holding Company Act of 1956 (12 U.S.C. 1842(e)) is amended by
striking the 2d sentence.
(2) Management interlocks act.--Section 202(3)(D) of the
Depository Institution Management Interlocks Act (12 U.S.C.
3201(3)(D)) is amended by striking ``the voting securities''
the first place such term appears and all that follows
through the end of the subparagraph and inserting ``and is a
bankers' bank, described in Paragraph Seventh of section 5136
of the Revised Statutes; or''.
(d) Lending Limit for Loans Secured by Securities.--Section
11(m) of the Federal Reserve Act (12 U.S.C. 248(m)) is
amended by striking ``10 percentum'' each place such term
appears and inserting ``15 percent''.
SEC. 323. BANK SERVICE CORPORATION ACT AMENDMENT.
Section 5 of the Bank Service Corporation Act (12 U.S.C.
1865) is amended--
(1) in subsection (a), by striking ``the prior approval
of'' and inserting ``prior notice, as determined by''; and
(2) in subsection (c), by inserting ``or whether to approve
or disapprove any notice'' after ``approval''.
SEC. 324. MERGER TRANSACTION REPORTS.
Section 18(c)(4) of the Federal Deposit Insurance Act (12
U.S.C. 1828(c)(4)) is amended by adding at the end the
following: ``Notwithstanding the preceding sentence, a
banking agency shall not be required to file a report
requested by the responsible agency under this paragraph if
such banking agency advises the responsible agency by the
applicable date under the preceding sentence that the report
is not necessary because none of the effects described in
paragraph (5) are likely to occur as a result of the
transaction.''.
SEC. 325. CREDIT CARD ACCOUNTS RECEIVABLE SALES.
Section 11(e) of the Federal Deposit Insurance Act (12
U.S.C. 1821(e)) is amended by adding at the end the following
new paragraphs:
``(14) Selling credit card accounts receivable.--
``(A) Notification required.--An undercapitalized insured
depository institution (as defined in section 38) shall
notify the Corporation in writing before entering into an
agreement to sell credit card accounts receivable.
``(B) Waiver by corporation.--The Corporation may at any
time, in its sole discretion and upon such terms as it may
prescribe, waive its right to repudiate an agreement to sell
credit card accounts receivable if the Corporation--
``(i) determines that the waiver is in the best interests
of the deposit insurance fund; and
``(ii) provides a written waiver to the selling
institution.
``(C) Effect of waiver on successors.--
``(i) In general.--If, under subparagraph (B), the
Corporation has waived its right to repudiate an agreement to
sell credit card accounts receivable--
``(I) any provision of the agreement that restricts
solicitation of a credit card customer of the selling
institution, or the use of a credit card customer list of the
institution, shall bind any receiver or conservator of the
institution; and
``(II) the Corporation shall require any acquirer of the
selling institution, or of substantially all of the selling
institution's assets or liabilities, to agree to be bound by
a provision described in subclause (I) as if the acquirer
were the selling institution.
``(ii) Exception.--Clause (i)(II) does not--
``(I) restrict the acquirer's authority to offer any
product or service to any person identified without using a
list of the selling institution's customers in violation of
the agreement;
``(II) require the acquirer to restrict any preexisting
relationship between the acquirer and a customer; or
``(III) apply to any transaction in which the acquirer
acquires only insured deposits.
``(D) Waiver not actionable.--The Corporation shall not, in
any capacity, be liable to any person for damages resulting
from the waiver of or failure to waive the Corporation's
right under this section to repudiate any contract or lease,
including an agreement to sell credit card accounts
receivable. No court shall issue any order affecting any such
waiver or failure to waive.
``(E) Other authority not affected.--This paragraph does
not limit any other authority of the Corporation to waive the
Corporation's right to repudiate an agreement or lease under
this section.
``(15) Certain credit card customer lists protected.--
``(A) In general.--If any insured depository institution
sells credit card accounts receivable under an agreement
negotiated at arm's length that provides for the sale of the
institution's credit card customer list, the Corporation
shall prohibit any party to a transaction with respect to the
institution under this section or section 13 from using the
list, except as permitted under the agreement.
``(B) Fraudulent transactions excluded.--Subparagraph (A)
does not limit the Corporation's authority to repudiate any
agreement entered into with the intent to hinder, delay, or
defraud the institution, the institution's creditors, or the
Corporation.''.
SEC. 326. LIMITING POTENTIAL LIABILITY ON FOREIGN ACCOUNTS.
(a) Amendment to the Federal Reserve Act.--The Federal
Reserve Act (12 U.S.C. 221 et seq.) is amended by inserting
after section 25B the following new section:
``SEC. 25C. POTENTIAL LIABILITY ON FOREIGN ACCOUNTS.
``(a) Exceptions From Repayment Requirement.--A member bank
shall not be required to repay any deposit made at a foreign
branch of the bank if the branch cannot repay the deposit due
to--
``(1) an act of war, insurrection, or civil strife; or
``(2) an action by a foreign government or instrumentality
(whether de jure or de facto) in the country in which the
branch is located;
unless the member bank has expressly agreed in writing to
repay the deposit under those circumstances.
``(b) Regulations.--The Board and the Comptroller of the
Currency may jointly prescribe such regulations as they deem
necessary to implement this section.''.
(b) Conforming Amendments to the Federal Deposit Insurance
Act.--
(1) In general.--Section 18 of the Federal Deposit
Insurance Act (12 U.S.C. 1828) is amended by inserting after
subsection (p) the following new subsection:
[[Page 1470]]
``(q) Sovereign Risk.--Section 25C of the Federal Reserve
Act shall apply to every nonmember insured bank in the same
manner and to the same extent as if the nonmember insured
bank were a member bank.''.
(2) Conforming amendment.--Subparagraph (A) of section
3(l)(5) of the Federal Deposit Insurance Act (12 U.S.C.
1813(l)(5)) is amended to read as follows:
``(A) any obligation of a depository institution which is
carried on the books and records of an office of such bank or
savings association located outside of any State, unless--
``(i) such obligation would be a deposit if it were carried
on the books and records of the depository institution, and
would be payable at, an office located in any State; and
``(ii) the contract evidencing the obligation provides by
express terms, and not by implication, for payment at an
office of the depository institution located in any State;
and''.
(c) Existing Claims Not Affected--Section 25C of the
Federal Reserve Act (as added by subsection (a)) shall not be
applied retroactively and shall not be construed to affect or
apply to any claim or cause of action addressed by that
section arising from events or circumstances that occurred
before the date of enactment of this Act.
SEC. 327. GAO REPORTS.
Section 102(b)(1) of the Federal Deposit Insurance
Corporation Improvement Act of 1991 (12 U.S.C. 1825 note) is
amended to read as follows:
``(1) Quarterly reporting.--Not later than 90 days after
the end of any calendar quarter in which the Federal Deposit
Insurance Corporation (hereafter in this section referred to
as the `Corporation') has any obligations pursuant to section
14 of the Federal Deposit Insurance Act outstanding, the
Comptroller General of the United States shall submit a
report on the Corporation's compliance at the end of that
quarter with section 15(c) of the Federal Deposit Insurance
Act to the Committee on Banking, Housing, and Urban Affairs
of the Senate and the Committee on Banking, Finance and Urban
Affairs of the House of Representatives. Such report shall be
included in the Comptroller General's audit report for that
year, as required by section 17 of the Federal Deposit
Insurance Act.''.
SEC. 328. STUDY AND REPORT ON CAPITAL STANDARDS AND THEIR
IMPACT ON THE ECONOMY.
(a) In General.--The Secretary of the Treasury, in
consultation with the Federal banking agencies, shall conduct
a study of the effect that the implementation of risk-based
capital standards for depository institutions, including the
Basle international capital standards, is having on--
(1) the safety and soundness of insured depository
institutions;
(2) the availability of credit, particularly to individuals
and small businesses; and
(3) economic growth.
(b) Report.--
(1) In general.--Before the end of the 1-year period
beginning on the date of enactment of this Act, the Secretary
of the Treasury shall submit a report to the Congress on the
findings and conclusions of the Secretary with respect to the
study conducted under subsection (a).
(2) Recommendations.--The report shall contain any
recommendations with respect to capital standards that the
Secretary of the Treasury may determine to be appropriate.
SEC. 329. STUDY ON THE IMPACT OF THE PAYMENT OF INTEREST ON
RESERVES.
(a) Federal Reserve Study.--Not later than 180 days after
the date of enactment of this Act, the Board of Governors of
the Federal Reserve System, in consultation with the Federal
Deposit Insurance Corporation and the National Credit Union
Administration Board, shall conduct a study and report to the
Congress on--
(1) the necessity, for monetary policy purposes, of
continuing to require insured depository institutions to
maintain sterile reserves;
(2) the appropriateness of paying a market rate of interest
to insured depository institutions on sterile reserves or, in
the alternative, providing for payment of such interest into
the appropriate deposit insurance fund;
(3) the monetary impact that the failure to pay interest on
sterile reserves has had on insured depository institutions,
including an estimate of the total dollar amount of interest
and the potential income lost by insured depository
institutions; and
(4) the impact that the failure to pay interest on sterile
reserves has had on the ability of the banking industry to
compete with nonbanking providers of financial services and
with foreign banks.
(b) Budgetary Impact Study.--Not later than 180 days after
the date of enactment of this Act, the Director of the Office
of Management and Budget and the Director of the
Congressional Budget Office, in consultation with the
Committees on the Budget of the Senate and the House of
Representatives, shall jointly conduct a study and report to
the Congress on the budgetary impact of--
(1) paying a market rate of interest to insured depository
institutions on sterile reserves; and
(2) paying such interest into the respective deposit
insurance funds.
SEC. 330. STUDY AND REPORT ON THE CONSUMER CREDIT SYSTEM.
(a) Study.--The Secretary of the Treasury, in consultation
with the Board of Governors of the Federal Reserve System,
the Administrator of the Small Business Administration, the
Secretary of Housing and Urban Development, and the other
Federal banking agencies, shall conduct a study of the
process, including any Federal laws, by which credit is made
available for consumers and small businesses in order to
identify procedures, including any Federal laws, which have
the effect of--
(1) reducing the amount of credit available for such
purposes or the number of persons eligible for such credit;
(2) increasing the level of consumer inconvenience, cost,
and time delays in connection with the extension of consumer
and small business credit without corresponding benefit with
respect to the protection of consumers or small businesses or
the safety and soundness of insured depository institutions;
and
(3) increasing costs and burdens on insured depository
institutions, insured credit unions, and other lenders
without corresponding benefit with respect to the protection
of consumers or small business concerns or to the safety and
soundness of insured institutions.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the Treasury shall
submit a report to the Congress on the findings and
conclusions of the Secretary with respect to the study
conducted under subsection (a).
(2) Recommendations.--The report required by paragraph (1)
shall contain any recommendations for administrative action
or statutory changes that the Secretary of the Treasury may
determine to be appropriate.
(c) Public Participation.--In conducting the study required
by subsection (a), comments shall be solicited from
consumers, representatives of consumers, insured depository
institutions, insured credit unions, other lenders, and other
interested parties.
SEC. 331. CLARIFICATION OF PROVISIONS RELATING TO
ADMINISTRATIVE AUTONOMY.
(a) Public Law 93-495.--Section 111 of Public Law 93-495
(12 U.S.C. 250) is amended by inserting ``the Comptroller of
the Currency,'' after ``Federal Deposit Insurance
Corporation,''.
(b) Revised Statutes.--
(1) Section 5240.--The third paragraph of section 5240 of
the Revised Statutes (12 U.S.C. 482) is amended by inserting
``or section 301(f)(1) of title 31, United States Code,''
after ``provisions of this section''.
(2) Section 324.--Section 324 of the Revised Statutes (12
U.S.C. 1) is amended by adding at the end the following:
``The Comptroller of the Currency shall have the same
authority over matters within the jurisdiction of the
Comptroller as the Director of the Office of Thrift
Supervision has over matters within the Director's
jurisdiction under section 3(b)(3) of the Home Owners' Loan
Act. The Secretary of the Treasury may not delay or prevent
the issuance of any rule or the promulgation of any
regulation by the Comptroller of the Currency.''.
(3) Section 5239.--Section 5239 of the Revised Statutes (12
U.S.C. 93) is amended by adding at the end the following new
subsection:
``(d) Authority.--The Comptroller of the Currency may act
in the Comptroller's own name and through the Comptroller's
own attorneys in enforcing any provision of this title,
regulations thereunder, or any other law or regulation, or in
any action, suit, or proceeding to which the Comptroller of
the Currency is a party.''.
(c) Amendments to the Home Owners' Loan Act.--Section 3(b)
of the Home Owners' Loan Act (12 U.S.C. 1462a(b)) is
amended--
(1) in paragraph (3), by striking ``unless otherwise
provided by law'' and inserting ``(including agency
enforcement actions) unless otherwise specifically provided
by law''; and
(2) by adding at the end the following new paragraph:
``(4) Banking agency rulemaking.--The Secretary of the
Treasury may not delay or prevent the issuance of any rule or
the promulgation of any regulation by the Director.''.
(d) Amendment to the Federal Reserve Act.--Section 11 of
the Federal Reserve Act (12 U.S.C. 248) is amended by adding
at the end the following new subsection:
``(p) Authority.--The Board may act in its own name and
through its own attorneys in enforcing any provision of this
title, regulations promulgated hereunder, or any other law or
regulation, or in any action, suit, or proceeding to which
the Board is a party and which involves the Board's
regulation or supervision of any bank, bank holding company
(as defined in section 2 of the Bank Holding Company Act of
1956), or other entity, or the administration of its
operations.''.
(e) Amendment to the Federal Deposit Insurance Act.--
Section 9(a) of the Federal Deposit Insurance Act (12 U.S.C.
1819(a)) is amended in paragraph Fourth, by inserting ``by
and through its own attorneys,'' after ``complain and
defend,''.
SEC. 332. EXEMPTION FOR BUSINESS ACCOUNTS.
Section 274(1) of the Truth in Savings Act (12 U.S.C.
4313(1)) is amended to read as follows:
``(1) Account.--The term `account' means any account
intended for use by and generally used by consumers primarily
for personal, family, or household purposes that is offered
by a depository institution into
[[Page 1471]]
which a consumer deposits funds, including demand accounts,
time accounts, negotiable order of withdrawal accounts, and
share draft accounts.''.
SEC. 333. STUDY ON CHECK-RELATED FRAUD.
(a) Study.--The Board of Governors of the Federal Reserve
System (hereafter in this section referred to as the
``Board'') shall conduct a study on the advisability of
extending the 1-business-day period specified in section
603(b)(1) of the Expedited Funds Availability Act, regarding
availability of funds deposited by local checks, to 2
business days.
(b) Considerations.--In conducting the study under
subsection (a), the Board shall consider--
(1) whether there is a pattern of significant increases in
check-related losses at depository institutions attributable
to the provisions of the Expedited Funds Availability Act;
and
(2) whether extension of the time period referred to in
subsection (a) is necessary to diminish the volume of any
such check-related losses.
(c) Report to the Congress.--Not later than 2 years after
the date of enactment of this Act, the Board shall submit a
report to the Congress concerning the results of the study
conducted under this section and including any
recommendations for legislative action.
SEC. 334. INSIDER LENDING.
(a) Loans to Executive Officers by Member Banks.--Section
22(g)(2) of the Federal Reserve Act (12 U.S.C. 375a(2)) is
amended by striking ``With the specific prior approval of its
board of directors, a member'' and inserting ``A member''.
(b) Extensions of Credit to Executive Officers, Directors,
and Principal Shareholders of Member Banks.--Section 22(h)(8)
of the Federal Reserve Act (12 U.S.C. 375b(8)) is amended--
(1) by striking ``member bank.--For'' and inserting the
following: ``member bank.--
``(A) In general.--For''; and
(2) by adding at the end the following:
``(B) Exception.--The Board may, by regulation, make
exceptions to subparagraph (A), except as that subparagraph
makes applicable paragraph (2), for an executive officer or
director of a subsidiary of a company that controls the
member bank, if that executive officer or director does not
have authority to participate, and does not participate, in
major policymaking functions of the member bank.''.
SEC. 335. REVISIONS OF STANDARDS.
Section 305(b)(1) of the Federal Deposit Insurance
Corporation Improvement Act of 1991 (12 U.S.C. 1828 note) is
amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) take into account the size and activities of the
institutions and do not cause undue reporting burdens.''.
SEC. 336. ALTERNATIVE RULES FOR RADIO ADVERTISING.
(a) Amendment to the Truth in Lending Act.--Section 184 of
the Truth in Lending Act (15 U.S.C. 1667c) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Radio Advertisements.--
``(1) In general.--An advertisement by radio broadcast to
aid, promote, or assist, directly or indirectly, any consumer
lease shall be deemed to be in compliance with the
requirements of subsection (a) if such advertisement clearly
and conspicuously--
``(A) states the information required by paragraphs (1) and
(2) of subsection (a);
``(B) states the number, amounts, due dates or periods of
scheduled payments, and the total of such payments under the
lease;
``(C) includes--
``(i) a referral to--
``(I) a toll-free telephone number established in
accordance with paragraph (2) that may be used by consumers
to obtain the information required under subsection (a); or
``(II) a written advertisement that--
``(aa) appears in a publication in general circulation in
the community served by the radio station on which such
advertisement is broadcast during the period beginning 3 days
before any such broadcast and ending 10 days after such
broadcast; and
``(bb) includes the information required to be disclosed
under subsection (a); and
``(ii) the name and dates of any publication referred to in
clause (i)(II); and
``(D) includes any other information which the Board
determines necessary to carry out this chapter.
``(2) Establishment of toll-free number.--
``(A) In general.--In the case of a radio broadcast
advertisement described in paragraph (1) that includes a
referral to a toll-free telephone number, the lessor who
offers the consumer lease shall--
``(i) establish such a toll-free telephone number not later
than the date on which the advertisement including the
referral is broadcast;
``(ii) maintain such telephone number for a period of not
less than 10 days, beginning on the date of any such
broadcast; and
``(iii) provide the information required under subsection
(a) with respect to the lease to any person who calls such
number.
``(B) Form of information.--The information required to be
provided under subparagraph (A)(iii) shall be provided
verbally or, if requested by the consumer, in written form.
``(3) No effect on other law.--Nothing in this subsection
shall affect the requirements of Federal law as such
requirements apply to advertisement by any medium other than
radio broadcast.''.
(b) Study of Advertising Rules.--Not later than 365 days
after the date of enactment of this Act, the Board of
Governors of the Federal Reserve System shall submit a report
to the Congress on--
(1) the current rules applicable to credit advertising;
(2) how such rules could be modified to increase consumer
benefit and decrease creditor costs; and
(3) how such rules could be modified, if at all, for radio
advertisements without diminishing consumer protection.
SEC. 337. DEPOSIT BROKER REGISTRATION.
Section 29(g)(3) of the Federal Deposit Insurance Act (12
U.S.C. 1831f(g)(3)) is amended--
(1) by inserting ``that is not well capitalized (as defined
in section 38)'' after ``includes any insured depository
institution'';
(2) by striking ``of any insured depository'' and inserting
``of such'';
(3) by striking ``(with respect to such deposits)''; and
(4) by striking ``having the same type of charter''.
SEC. 338. AMENDMENTS TO THE DEPOSITORY INSTITUTION MANAGEMENT
INTERLOCKS ACT.
(a) Management Exemption.--Section 206 of the Depository
Institution Management Interlocks Act (12 U.S.C. 3205) is
amended--
(1) in subsections (a) and (b), by striking ``15 years
after the date of enactment of this title'' each place it
appears and inserting ``, subject to the requirements of
subsection (c), 20 years after the date of enactment of this
title''; and
(2) by adding at the end the following new subsection:
``(c) Review of Existing Management Interlocks.--Upon the
timely filing of a submission by a person petitioning to
serve as a management official in more than 1 position
pursuant to subsection (a) or (b), each appropriate Federal
depository institutions regulatory agency shall, not later
than 6 months after the date of enactment of this Act--
``(1) review, on a case-by-case basis, the circumstances
under which such person has served as a management official
under the provisions of subsection (a) or (b); and
``(2) permit the management official to continue to serve
in such position only if--
``(A) such person has provided a resolution from the boards
of directors of each affected depository institution,
depository holding company, or company described in
subsection (b), certifying to the appropriate Federal
depository institutions regulatory agency for each of the
institutions involved that there is no other qualified
candidate from the community described in paragraph (1) or
(2) of section 203 who--
``(i) possesses the level of expertise necessary for such
service with respect to the affected depository institution,
depository holding company, or company described in
subsection (b); and
``(ii) is willing to serve as a management official at the
affected depository institution, depository holding company,
or company described in subsection (b); and
``(B) the appropriate Federal depository institutions
regulatory agency determines that continuation of service by
the management official does not produce an anticompetitive
effect with respect to each affected depository institution,
depository holding company, or company described in
subsection (b).''.
(b) Amendments to Section 209.--Section 209 of the
Depository Institution Management Interlocks Act (12 U.S.C.
3207) is amended--
(1) by striking ``Rules'' and inserting ``(a) In General.--
Rules'';
(2) by striking ``, including rules or regulations which
permit service by a management official which would otherwise
be prohibited by section 203 or section 204,''; and
(3) by adding at the end the following new subsections:
``(b) Regulatory Standards.--An appropriate Federal
depository institution regulatory agency may permit, on a
case-by-case basis, service by a management official which
would otherwise be prohibited by section 203 or 204 only if--
``(1) the board of directors of the affected depository
institution, depository institution holding company, or
company described in section 206(b), provides a resolution to
the appropriate Federal depository institutions regulatory
agency certifying that there is no other candidate from the
community described in paragraph (1) or (2) of section 203
who--
``(A) possesses the level of expertise necessary for such
service with respect to the affected depository institution,
depository institution holding company, or company described
in section 206(b) and is not prohibited from service under
section 203 or 204; and
``(B) is willing to serve as a management official at the
affected depository institution, depository institution
holding company, or company described in section 206(b); and
``(2) the appropriate Federal depository institutions
regulatory agency determines that--
``(A) the management official is critical to the safe and
sound operations of the affected depository institution,
depository institution holding company, or company described
in section 206(b);
[[Page 1472]]
``(B) continuation of service by the management official
does not produce an anticompetitive effect with respect to
the affected depository institution, depository institution
holding company, or company described in section 206(b); and
``(C) the management official meets such additional
requirements as the agency may impose.
``(c) Limited Exception for Management Official Consignment
Program.--
``(1) In general.--Notwithstanding the requirements of
subsection (b), an appropriate Federal depository
institutions regulatory agency may establish a program to
permit, on a case-by-case basis, service by a management
official which would otherwise be prohibited by section 203
or 204, for a period of not more than 2 years, if the agency
determines that such service would--
``(A) improve the provision of credit to low- and moderate-
income areas;
``(B) increase the competitive position of minority- and
woman-owned institutions; or
``(C) strengthen the management of newly chartered
institutions that are in an unsafe or unsound condition.
``(2) Extension of service period.--The appropriate Federal
depository institutions regulatory agency may extend the 2-
year period referred to in paragraph (1) for one additional
period of not more than 2 years, subject to making a new
determination described in subparagraphs (A) through (C) of
paragraph (1).''.
SEC. 339. ADVERSE INFORMATION ABOUT CONSUMERS.
Section 609(a) of the Fair Credit Reporting Act (15 U.S.C.
1681g(a)) is amended by adding at the end the following new
paragraph:
``(4) The dates, original payees, and amounts of any checks
upon which is based any adverse characterization of the
consumer, included in the file at the time of the
disclosure.''.
SEC. 340. SIMPLIFIED DISCLOSURE FOR EXISTING DEPOSITORS.
(a) In General.--Section 43(b)(3) of the Federal Deposit
Insurance Act (12 U.S.C. 1831t(b)(3)) is amended to read as
follows:
``(3) Acknowledgement of disclosure.--
``(A) New depositors.--With respect to any depositor who
was not a depositor at the depository institution before June
19, 1994, receive any deposit for the account of such
depositor only if the depositor has signed a written
acknowledgement that--
``(i) the institution is not federally insured; and
``(ii) if the institution fails, the Federal Government
does not guarantee that the depositor will get back the
depositor's money.
``(B) Current depositors.--Receive any deposit after the
effective date of this paragraph for the account of any
depositor who was a depositor before June 19, 1994, only if--
``(i) the depositor has signed a written acknowledgement
described in subparagraph (A); or
``(ii) the institution has complied with the provisions of
subparagraph (C) which are applicable as of the date of the
deposit.
``(C) Alternative provision of notice to current
depositors.--
``(i) In general.--Transmit to each depositor who was a
depositor before June 19, 1994, and has not signed a written
acknowledgement described in subparagraph (A)--
``(I) a card containing the information described in
clauses (i) and (ii) of subparagraph (A), and a line for the
signature of the depositor; and
``(II) accompanying materials requesting the depositor to
sign the card, and return the signed card to the institution.
``(ii) Manner and timing of notice.--
``(I) First notice.--Make the transmission described in
clause (i) via first class mail not later than September 12,
1994.
``(II) Second notice.--Make a second transmission described
in clause (i) via first class mail not less than 30 days and
not more than 45 days after a transmission to the depositor
in accordance with subclause (I), if the institution has not,
by the date of such mailing, received from the depositor a
card referred to in clause (i) which has been signed by the
depositor.
``(III) Third notice.--Make a third transmission described
in clause (i) via first class mail not less than 30 days and
not more than 45 days after a transmission to the depositor
in accordance with subclause (II), if the institution has
not, by the date of such mailing, received from the depositor
a card referred to in clause (i) which has been signed by the
depositor.''.
(b) Effective Date.--Section 43(b)(3) of the Federal
Deposit Insurance Act, as amended by subsection (a), shall
take effect in accordance with section 151(a)(2)(D) of the
Federal Deposit Insurance Corporation Improvement Act of
1991.
SEC. 341. FEASIBILITY STUDY OF DATA BANK.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Federal Financial Institutions
Examination Council shall--
(1) study the feasibility, including the costs and benefits
to insured depository institutions, of establishing and
maintaining a data bank for reports submitted by any
depository institution to a Federal banking agency; and
(2) report the results of such study to the Congress.
(b) Additional Factors.--The study required under
subsection (a) shall consider the feasibility of--
(1) permitting depository institutions to file reports
directly with the data bank; and
(2) permitting Federal banking agencies, State bank
supervisors, and the public to obtain access to any
appropriate report on file with the data bank which such
agency or supervisor or the public is otherwise authorized to
receive.
SEC. 342. TIMELY COMPLETION OF CRA REVIEW.
The comprehensive regulatory review of the Community
Reinvestment Act of 1977 that, as of the date of enactment of
this Act, is being conducted by the Federal banking agencies,
shall be completed at the earliest practicable time.
SEC. 343. TIME LIMIT ON AGENCY CONSIDERATION OF COMPLETED
APPLICATIONS.
(a) In General.--Each Federal banking agency shall take
final action on any application to the agency before the end
of the 1-year period beginning on the date on which a
completed application is received by the agency.
(b) Waiver by Applicant Authorized.--Any person submitting
an application to a Federal banking agency may waive the
applicability of subsection (a) with respect to such
application at any time.
SEC. 344. WAIVER OF RIGHT OF RESCISSION FOR CERTAIN
REFINANCING TRANSACTIONS.
Not later than 6 months after the date of enactment of this
Act, the Board of Governors of the Federal Reserve System, in
consultation with the consumer advisory council to such
Board, consumers, representatives of consumers, lenders, and
other interested parties, shall submit recommendations to the
Congress regarding whether a waiver or modification, at the
option of a consumer, of the right of rescission under
section 125 of the Truth in Lending Act with respect to
transactions which constitute a refinancing or consolidation
(with no new advances) of the principal balance then due, and
any accrued and unpaid finance charges of an existing
extension of credit by a different creditor secured by an
interest in the same property, would benefit consumers.
SEC. 345. CLARIFICATION OF RESPA DISCLOSURE REQUIREMENTS.
Section 6(a)(1)(B) of the Real Estate Settlement Procedures
Act of 1974 (12 U.S.C. 2605(a)(1)(B)) is amended--
(1) by striking ``(B) for each of the most recent'' and
inserting ``(B) at the choice of the person making a
federally related mortgage loan--
``(i) for each of the most recent'';
(2) by redesignating clauses (i) and (ii) as subclauses (I)
and (II), respectively, and indenting appropriately;
(3) by striking ``and'' at the end of subclause (II) (as
redesignated by paragraph (2)) and inserting ``or''; and
(4) by inserting after clause (i) (as redesignated by
paragraph (1)) the following new clause:
``(ii) a statement that the person making the loan has
previously assigned, sold, or transferred the servicing of
federally related mortgage loans; and''.
SEC. 346. NOTICE PROCEDURES FOR BANK HOLDING COMPANIES TO
SEEK APPROVAL TO ENGAGE IN CERTAIN ACTIVITIES.
Section 4 of the Bank Holding Company Act of 1956 (12
U.S.C. 1843) is amended--
(1) by adding at the end the following new subsection:
``(j) Notice Procedures for Nonbanking Activities.--
``(1) General notice procedure.--
``(A) Notice requirement.--No bank holding company may
engage in any nonbanking activity or acquire or retain
ownership or control of the shares of a company engaged in
activities based on subsection (c)(8) or (a)(2) without
providing the Board with written notice of the proposed
transaction or activity at least 60 days before the
transaction or activity is proposed to occur or commence.
``(B) Contents of notice.--The notice submitted to the
Board shall contain such information as the Board shall
prescribe by regulation or by specific request in connection
with a particular notice.
``(C) Procedure for agency action.--
``(i) Notice of disapproval.--Any notice filed under this
subsection shall be deemed to be approved by the Board
unless, before the end of the 60-day period beginning on the
date the Board receives a complete notice under subparagraph
(A), the Board issues an order disapproving the transaction
or activity and setting forth the reasons for disapproval.
``(ii) Extension of period.--The Board may extend the 60-
day period referred to in clause (i) for an additional 30
days. The Board may further extend the period with the
agreement of the bank holding company submitting the notice
pursuant to this subsection.
``(iii) Determination of period in case of public
hearing.--In the event a hearing is requested or the Board
determines that a hearing is warranted, the Board may extend
the notice period provided in this subsection for such time
as is reasonably necessary to conduct a hearing and to
evaluate the hearing record. Such extension shall not exceed
the 91-day period beginning on the date that the hearing
record is complete.
``(D) Approval before end of period.--
``(i) In general.--Any transaction or activity may commence
before the expiration of any period for disapproval
established under this paragraph if the Board issues a
written notice of approval.
``(ii) Shorter periods by regulation.--The Board may
prescribe regulations which provide for a shorter notice
period with respect to particular activities or transactions.
``(E) Extension of period.--In the case of any notice to
engage in, or to acquire or re-
[[Page 1473]]
tain ownership or control of shares of any company engaged
in, any activity pursuant to subsection (c)(8) or (a)(2) that
has not been previously approved by regulation, the Board may
extend the notice period under this subsection for an
additional 90 days. The Board may further extend the period
with the agreement of the bank holding company submitting the
notice pursuant to this subsection.
``(2) General standards for review.--
``(A) Criteria.--In connection with a notice under this
subsection, the Board shall consider whether performance of
the activity by a bank holding company or a subsidiary of
such company can reasonably be expected to produce benefits
to the public, such as greater convenience, increased
competition, or gains in efficiency, that outweigh possible
adverse effects, such as undue concentration of resources,
decreased or unfair competition, conflicts of interests, or
unsound banking practices.
``(B) Grounds for disapproval.--The Board may deny any
proposed transaction or activity for which notice has been
submitted pursuant to this subsection if the bank holding
company submitting such notice neglects, fails, or refuses to
furnish the Board all the information required by the Board.
``(C) Conditional action.--Nothing in this subsection
limits the authority of the Board to impose conditions in
connection with an action under this section.''; and
(2) in subsection (c), by striking the penultimate
sentence.
SEC. 347. COMMERCIAL MORTGAGE RELATED SECURITIES.
(a) In General.--Section 3(a)(41)(A)(i) of the Securities
Exchange Act of 1934 (15 U.S.C. 78c(a)(41)(A)(i)) is amended
--
(1) by striking ``or on a residential'' and inserting ``on
a residential''; and
(2) by inserting before the semicolon ``, or on one or more
parcels of real estate upon which is located one or more
commercial structures''.
(b) Amendment to the Revised Statutes.--Paragraph Seventh
of section 5136 of the Revised Statutes (12 U.S.C. 24) is
amended in the twelfth sentence, by striking ``(15 U.S.C.
78c(a)(41))), subject to such regulations'' and inserting
``(15 U.S.C. 78c(a)(41)). The exception provided for the
securities described in subparagraphs (A), (B), and (C) shall
be subject to such regulations''.
(c) Regulations.--Not later than 1 year after the date of
enactment of this Act, the Comptroller of the Currency shall
promulgate final regulations, in accordance with the
thirteenth sentence of Paragraph Seventh of section 5136 of
the Revised Statutes (as amended by subsection (b)), to carry
out the amendments made by this section.
(d) Effective Date.--The amendments made by this section
shall become effective upon the date of promulgation of final
regulations under subsection (c).
(e) State Opt Out.--Notwithstanding the amendments made by
this section, a note that is directly secured by a first lien
on one or more parcels of real estate upon which is located
one or more commercial structures shall not be considered to
be a mortgage related security under section 3(a)(41) of the
Securities Exchange Act of 1934 in any State that, prior to
the expiration of 7 years after the date of enactment of this
Act, enacts a statute that specifically refers to this
section and either prohibits or provides for a more limited
authority to purchase, hold, or invest in such securities by
any person, trust, corporation, partnership, association,
business trust, or business entity or class thereof than is
provided by the amendments made by this subsection. The
enactment by any State of any statute of the type described
in the preceding sentence shall not affect the validity of
any contractual commitment to purchase, hold, or invest that
was made prior thereto, and shall not require the sale or
other disposition of any securities acquired prior thereto.
SEC. 348. CLARIFYING AMENDMENT RELATING TO DATA COLLECTION.
Section 7(a)(9) of the Federal Deposit Insurance Act (12
U.S.C. 1817(a)(9)) is amended by adding at the end the
following: ``In prescribing reporting and other requirements
for the collection of actual and accurate information
pursuant to this paragraph, the Corporation shall minimize
the regulatory burden imposed upon insured depository
institutions that are well capitalized (as defined in section
38) while taking into account the benefit of the information
to the Corporation, including the use of the information to
enable the Corporation to more accurately determine the total
amount of insured deposits in each insured depository
institution for purposes of compliance with this Act.''.
SEC. 349. GUIDELINES FOR EXAMINATIONS.
(a) Adequacy of State Examinations.--Section 10(d) of the
Federal Deposit Insurance Act (12 U.S.C. 1820(d)) is amended
by adding at the end the following new paragraph:
``(9) Standards for determining adequacy of state
examinations.--The Federal Financial Institutions Examination
Council shall issue guidelines establishing standards to be
used at the discretion of the appropriate Federal banking
agency for purposes of making a determination under paragraph
(3).''.
(b) Effective Date of Initial Guidelines.--The initial
guidelines required to be issued pursuant to the amendment
made by subsection (a) shall become effective not later than
1 year after the date of enactment of this Act.
SEC. 350. REVISING REGULATORY REQUIREMENTS FOR TRANSFERS OF
ALL TYPES OF ASSETS WITH RECOURSE.
(a) Review and Revision of Regulations.--
(1) In general.--During the 180-day period beginning on the
date of enactment of this Act, each appropriate Federal
banking agency shall, consistent with the principles of
safety and soundness and the public interest--
(A) review the agency's regulations and written policies
relating to transfers of assets with recourse by insured
depository institutions; and
(B) in consultation with the other Federal banking
agencies, promulgate regulations that better reflect the
exposure of an insured depository institution to credit risk
from transfers of assets with recourse.
(2) Regulations required.--Before the end of the 180-day
period beginning on the date of enactment of this Act, each
appropriate Federal banking agency shall prescribe the
regulations developed pursuant to paragraph (1)(B).
(b) Regulations Required.--
(1) In general.--After the end of the 180-day period
beginning on the date of enactment of this Act, the amount of
risk-based capital required to be maintained, under
regulations prescribed by the appropriate Federal banking
agency, by any insured depository institution with respect to
assets transferred with recourse by such institution may not
exceed the maximum amount of recourse for which such
institution is contractually liable under the recourse
agreement.
(2) Exception for safety and soundness.--The appropriate
Federal banking agency may require any insured depository
institution to maintain risk-based capital in an amount
greater than the amount determined under paragraph (1), if
the agency determines, by regulation or order, that such
higher amount is necessary for safety and soundness reasons.
(c) Coordination With Section 208(b).--This section shall
not be construed as superseding the applicability of section
208(b).
(d) Definitions.--For purposes of this section, the terms
``appropriate Federal banking agency'', ``Federal banking
agency'', and ``insured depository institution'' have the
same meanings as in section 3 of the Federal Deposit
Insurance Act.
TITLE IV--MONEY LAUNDERING
SEC. 401. SHORT TITLE.
This title may be cited as the ``Money Laundering
Suppression Act of 1994''.
SEC. 402. REFORM OF CTR EXEMPTION REQUIREMENTS TO REDUCE
NUMBER AND SIZE OF REPORTS CONSISTENT WITH
EFFECTIVE LAW ENFORCEMENT.
(a) In General.--Section 5313 of title 31, United States
Code, is amended by adding at the end the following new
subsections:
``(d) Mandatory Exemptions From Reporting Requirements.--
``(1) In general.--The Secretary of the Treasury shall
exempt, pursuant to section 5318(a)(6), a depository
institution from the reporting requirements of subsection (a)
with respect to transactions between the depository
institution and the following categories of entities:
``(A) Another depository institution.
``(B) A department or agency of the United States, any
State, or any political subdivision of any State.
``(C) Any entity established under the laws of the United
States, any State, or any political subdivision of any State,
or under an interstate compact between 2 or more States,
which exercises governmental authority on behalf of the
United States or any such State or political subdivision.
``(D) Any business or category of business the reports on
which have little or no value for law enforcement purposes.
``(2) Notice of exemption.--The Secretary of the Treasury
shall publish in the Federal Register at such times as the
Secretary determines to be appropriate (but not less
frequently than once each year) a list of all the entities
whose transactions with a depository institution are exempt
under this subsection from the reporting requirements of
subsection (a).
``(e) Discretionary Exemptions From Reporting
Requirements.--
``(1) In general.--The Secretary of the Treasury may
exempt, pursuant to section 5318(a)(6), a depository
institution from the reporting requirements of subsection (a)
with respect to transactions between the depository
institution and a qualified business customer of the
institution on the basis of information submitted to the
Secretary by the institution in accordance with procedures
which the Secretary shall establish.
``(2) Qualified business customer defined.--For purposes of
this subsection, the term `qualified business customer' means
a business which--
``(A) maintains a transaction account (as defined in
section 19(b)(1)(C) of the Federal Reserve Act) at the
depository institution;
``(B) frequently engages in transactions with the
depository institution which are subject to the reporting
requirements of subsection (a); and
``(C) meets criteria which the Secretary determines are
sufficient to ensure that the purposes of this subchapter are
carried out without requiring a report with respect to such
transactions.
``(3) Criteria for exemption.--The Secretary of the
Treasury shall establish, by regulation, the criteria for
granting and maintaining an exemption under paragraph (1).
[[Page 1474]]
``(4) Guidelines.--
``(A) In general.--The Secretary of the Treasury shall
establish guidelines for depository institutions to follow in
selecting customers for an exemption under this subsection.
``(B) Contents.--The guidelines may include a description
of the types of businesses or an itemization of specific
businesses for which no exemption will be granted under this
subsection to any depository institution.
``(5) Annual review.--The Secretary of the Treasury shall
prescribe regulations requiring each depository institution
to--
``(A) review, at least once each year, the qualified
business customers of such institution with respect to whom
an exemption has been granted under this subsection; and
``(B) upon the completion of such review, resubmit
information about such customers, with such modifications as
the institution determines to be appropriate, to the
Secretary for the Secretary's approval.
``(6) 2-year phase-in provision.--During the 2-year period
beginning on the date of enactment of the Money Laundering
Suppression Act of 1994, this subsection shall be applied by
the Secretary on the basis of such criteria as the Secretary
determines to be appropriate to achieve an orderly
implementation of the requirements of this subsection.
``(f) Provisions Applicable to Mandatory and Discretionary
Exemptions.--
``(1) Limitation on liability of depository institutions.--
No depository institution shall be subject to any penalty
which may be imposed under this subchapter for the failure of
the institution to file a report with respect to a
transaction with a customer for whom an exemption has been
granted under subsection (d) or (e) unless the institution--
``(A) knowingly files false or incomplete information to
the Secretary with respect to the transaction or the customer
engaging in the transaction; or
``(B) has reason to believe at the time the exemption is
granted or the transaction is entered into that the customer
or the transaction does not meet the criteria established for
granting such exemption.
``(2) Coordination with other provisions.--Any exemption
granted by the Secretary of the Treasury under section
5318(a) in accordance with this section, and any transaction
which is subject to such exemption, shall be subject to any
other provision of law applicable to such exemption,
including--
``(A) the authority of the Secretary, under section
5318(a)(6), to revoke such exemption at any time; and
``(B) any requirement to report, or any authority to
require a report on, any possible violation of any law or
regulation or any suspected criminal activity.
``(g) Depository Institution Defined.--For purposes of this
section, the term `depository institution'--
``(1) has the meaning given to such term in section
19(b)(1)(A) of the Federal Reserve Act; and
``(2) includes--
``(A) any branch, agency, or commercial lending company (as
such terms are defined in section 1(b) of the International
Banking Act of 1978);
``(B) any corporation chartered under section 25A of the
Federal Reserve Act; and
``(C) any corporation having an agreement or undertaking
with the Board of Governors of the Federal Reserve System
under section 25 of the Federal Reserve Act.''.
(b) Report Reduction Goal; Reports.--
(1) In general.--In implementing the amendment made by
subsection (a), the Secretary of the Treasury shall seek to
reduce, within a reasonable period of time, the number of
reports required to be filed in the aggregate by depository
institutions pursuant to section 5313(a) of title 31, United
States Code, by at least 30 percent of the number filed
during the year preceding the date of enactment of this Act.
(2) Interim report.--The Secretary of the Treasury shall
submit a report to the Congress not later than the end of the
180-day period beginning on the date of enactment of this Act
on the progress made by the Secretary in implementing the
amendment made by subsection (a).
(3) Annual report.--The Secretary of the Treasury shall
submit an annual report to the Congress after the end of each
of the first 5 calendar years which begin after the date of
enactment of this Act on the extent to which the Secretary
has reduced the overall number of currency transaction
reports filed with the Secretary pursuant to section 5313(a)
of title 31, United States Code, consistent with the purposes
of such section and effective law enforcement.
(c) Streamlined Currency Transaction Reports.--The
Secretary of the Treasury shall take such action as may be
appropriate to--
(1) redesign the format of reports required to be filed
under section 5313(a) of title 31, United States Code, by any
financial institution (as defined in section 5312(a)(2) of
such title) to eliminate the need to report information which
has little or no value for law enforcement purposes; and
(2) reduce the time and effort required to prepare such
report for filing by any such financial institution under
such section.
SEC. 403. SINGLE DESIGNEE FOR REPORTING OF SUSPICIOUS
TRANSACTIONS.
(a) In General.--Section 5318(g) of title 31, United States
Code, is amended by adding at the end the following new
paragraph:
``(4) Single designee for reporting suspicious
transactions.--
``(A) In general.--In requiring reports under paragraph (1)
of suspicious transactions, the Secretary of the Treasury
shall designate, to the extent practicable and appropriate, a
single officer or agency of the United States to whom such
reports shall be made.
``(B) Duty of designee.--The officer or agency of the
United States designated by the Secretary of the Treasury
pursuant to subparagraph (A) shall refer any report of a
suspicious transaction to any appropriate law enforcement or
supervisory agency.
``(C) Coordination with other reporting requirements.--
Subparagraph (A) shall not be construed as precluding any
supervisory agency for any financial institution from
requiring the financial institution to submit any information
or report to the agency or another agency pursuant to any
other applicable provision of law.''.
(b) Reports.--
(1) Reports required.--The Secretary of the Treasury shall
submit an annual report to the Congress at the times required
under paragraph (2) on the number of suspicious transactions
reported to the officer or agency designated under section
5318(g)(4)(A) of title 31, United States Code, during the
period covered by the report and the disposition of such
reports.
(2) Time for submitting reports.--The 1st report required
under paragraph (1) shall be filed before the end of the 1-
year period beginning on the date of enactment of the Money
Laundering Suppression Act of 1994 and each subsequent report
shall be filed within 90 days after the end of each of the 5
calendar years which begin after such date of enactment.
(c) Designation Required To Be Made Expeditiously.--The
initial designation of an officer or agency of the United
States pursuant to the amendment made by subsection (a) shall
be made before the end of the 180-day period beginning on the
date of enactment of this Act.
SEC. 404. IMPROVEMENT OF IDENTIFICATION OF MONEY LAUNDERING
SCHEMES.
(a) Enhanced Training, Examinations, and Referrals by
Banking Agencies.--Before the end of the 6-month period
beginning on the date of enactment of this Act, each
appropriate Federal banking agency shall, in consultation
with the Secretary of the Treasury and other appropriate law
enforcement agencies--
(1) review and enhance training and examination procedures
to improve the identification of money laundering schemes
involving depository institutions; and
(2) review and enhance procedures for referring cases to
any appropriate law enforcement agency.
(b) Improved Reporting of Criminal Schemes by Law
Enforcement Agencies.--The Secretary of the Treasury and each
appropriate law enforcement agency shall provide, on a
regular basis, information regarding money laundering schemes
and activities involving depository institutions to each
appropriate Federal banking agency in order to enhance each
agency's ability to examine for and identify money laundering
activity.
(c) Report to Congress.--The Financial Institutions
Examination Council shall submit a report on the progress
made in carrying out subsection (a) and the usefulness of
information received pursuant to subsection (b) to the
Congress by the end of the 1-year period beginning on the
date of enactment of this Act.
(d) Definition.--For purposes of this section, the term
``appropriate Federal banking agency'' has the same meaning
as in section 3 of the Federal Deposit Insurance Act.
SEC. 405. NEGOTIABLE INSTRUMENTS DRAWN ON FOREIGN BANKS
SUBJECT TO RECORDKEEPING AND REPORTING
REQUIREMENTS.
Section 5312(a)(3) of title 31, United States Code, is
amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) as the Secretary of the Treasury shall provide by
regulation for purposes of section 5316, checks, drafts,
notes, money orders, and other similar instruments which are
drawn on or by a foreign financial institution and are not in
bearer form.''.
SEC. 406. IMPOSITION OF CIVIL MONEY PENALTIES BY APPROPRIATE
FEDERAL BANKING AGENCIES.
Section 5321 of title 31, United States Code, is amended by
adding at the end the following new subsection:
``(e) Delegation of Assessment Authority to Banking
Agencies.--
``(1) In general.--The Secretary of the Treasury shall
delegate, in accordance with section 5318(a)(1) and subject
to such terms and conditions as the Secretary may impose in
accordance with paragraph (3), any authority of the Secretary
to assess a civil money penalty under this section on
depository institutions (as defined in section 3 of the
Federal Deposit Insurance Act) to the appropriate Federal
banking agencies (as defined in such section 3).
``(2) Authority of agencies.--Subject to any term or
condition imposed by the Secretary of the Treasury under
paragraph (3), the provisions of this section shall apply to
an appropriate Federal banking agency to which is delegated
any authority of the Secretary under this section in the same
manner such provisions apply to the Secretary.
``(3) Terms and conditions.--
[[Page 1475]]
``(A) In general.--The Secretary of the Treasury shall
prescribe by regulation the terms and conditions which shall
apply to any delegation under paragraph (1).
``(B) Maximum dollar amount.--The terms and conditions
authorized under subparagraph (A) may include, in the
Secretary's sole discretion, a limitation on the amount of
any civil penalty which may be assessed by an appropriate
Federal banking agency pursuant to a delegation under
paragraph (1).''.
SEC. 407. UNIFORM STATE LICENSING AND REGULATION OF CHECK
CASHING, CURRENCY EXCHANGE, AND MONEY
TRANSMITTING BUSINESSES.
(a) Uniform Laws and Enforcement.--For purposes of
preventing money laundering and protecting the payment system
from fraud and abuse, it is the sense of the Congress that
the several States should--
(1) establish uniform laws for licensing and regulating
businesses which--
(A) provide check cashing, currency exchange, or money
transmitting or remittance services, or issue or redeem money
orders, travelers' checks, and other similar instruments; and
(B) are not depository institutions (as defined in section
5313(g) of title 31, United States Code); and
(2) provide sufficient resources to the appropriate State
agency to enforce such laws and regulations prescribed
pursuant to such laws.
(b) Model Statute.--It is the sense of the Congress that
the several States should develop, through the auspices of
the National Conference of Commissioners on Uniform State
Laws, the American Law Institute, or such other forum as the
States may determine to be appropriate, a model statute to
carry out the goals described in subsection (a) which would
include the following:
(1) Licensing requirements.--A requirement that any
business described in subsection (a)(1) be licensed and
regulated by an appropriate State agency in order to engage
in any such activity within the State.
(2) Licensing standards.--A requirement that--
(A) in order for any business described in subsection
(a)(1) to be licensed in the State, the appropriate State
agency shall review and approve--
(i) the business record and the capital adequacy of the
business seeking the license; and
(ii) the competence, experience, integrity, and financial
ability of any individual who--
(I) is a director, officer, or supervisory employee of such
business; or
(II) owns or controls such business; and
(B) any record, on the part of any business seeking the
license or any person referred to in subparagraph (A)(ii),
of--
(i) any criminal activity;
(ii) any fraud or other act of personal dishonesty;
(iii) any act, omission, or practice which constitutes a
breach of a fiduciary duty; or
(iv) any suspension or removal, by any agency or department
of the United States or any State, from participation in the
conduct of any federally or State licensed or regulated
business,
may be grounds for the denial of any such license by the
appropriate State agency.
(3) Reporting requirements.--A requirement that any
business described in subsection (a)(1)--
(A) disclose to the appropriate State agency the fees
charged to consumers for services described in subsection
(a)(1)(A); and
(B) conspicuously disclose to the public, at each location
of such business, the fees charged to consumers for such
services.
(4) Procedures to ensure compliance with federal cash
transaction reporting requirements.--A civil or criminal
penalty for operating any business referred to in paragraph
(1) without establishing and complying with appropriate
procedures to ensure compliance with subchapter II of chapter
53 of title 31, United States Code (relating to records and
reports on monetary instruments transactions).
(5) Criminal penalties for operation of business without a
license.--A criminal penalty for operating any business
referred to in paragraph (1) without a license within the
State after the end of an appropriate transition period
beginning on the date of enactment of such model statute by
the State.
(c) Study Required.--The Secretary of the Treasury shall
conduct a study of--
(1) the progress made by the several States in developing
and enacting a model statute which--
(A) meets the requirements of subsection (b); and
(B) furthers the goals of--
(i) preventing money laundering by businesses which are
required to be licensed under any such statute; and
(ii) protecting the payment system, including the receipt,
payment, collection, and clearing of checks, from fraud and
abuse by such businesses; and
(2) the adequacy of--
(A) the activity of the several States in enforcing the
requirements of such statute; and
(B) the resources made available to the appropriate State
agencies for such enforcement activity.
(d) Report Required.--Not later than the end of the 3-year
period beginning on the date of enactment of this Act and not
later than the end of each of the first two 1-year periods
beginning after the end of such 3-year period, the Secretary
of the Treasury shall submit a report to the Congress
containing the findings and recommendations of the Secretary
in connection with the study under subsection (c), together
with such recommendations for legislative and administrative
action as the Secretary may determine to be appropriate.
(e) Recommendations in Cases of Inadequate Regulation and
Enforcement by States.--If the Secretary of the Treasury
determines that any State has been unable to--
(1) enact a statute which meets the requirements described
in subsection (b);
(2) undertake adequate activity to enforce such statute; or
(3) make adequate resources available to the appropriate
State agency for such enforcement activity,
the report submitted pursuant to subsection (d) shall contain
recommendations of the Secretary which are designed to
facilitate the enactment and enforcement by the State of such
a statute.
(f) Federal Funding Study.--
(1) Study required.--The Secretary of the Treasury shall
conduct a study to identify possible available sources of
Federal funding to cover costs which will be incurred by the
States in carrying out the purposes of this section.
(2) Report.--The Secretary of the Treasury shall submit a
report to the Congress on the study conducted pursuant to
paragraph (1) not later than the end of the 18-month period
beginning on the date of enactment of this Act.
SEC. 408. REGISTRATION OF MONEY TRANSMITTING BUSINESSES TO
PROMOTE EFFECTIVE LAW ENFORCEMENT.
(a) Findings and Purposes.--
(1) Findings.--The Congress hereby finds the following:
(A) Money transmitting businesses are subject to the
recordkeeping and reporting requirements of subchapter II of
chapter 53 of title 31, United States Code.
(B) Money transmitting businesses are largely unregulated
businesses and are frequently used in sophisticated schemes
to--
(i) transfer large amounts of money which are the proceeds
of unlawful enterprises; and
(ii) evade the requirements of such subchapter II, the
Internal Revenue Code of 1986, and other laws of the United
States.
(C) Information on the identity of money transmitting
businesses and the names of the persons who own or control,
or are officers or employees of, a money transmitting
business would have a high degree of usefulness in criminal,
tax, or regulatory investigations and proceedings.
(2) Purpose.--It is the purpose of this section to
establish a registration requirement for businesses engaged
in providing check cashing, currency exchange, or money
transmitting or remittance services, or issuing or redeeming
money orders, travelers' checks, and other similar
instruments to assist the Secretary of the Treasury, the
Attorney General, and other supervisory and law enforcement
agencies to effectively enforce the criminal, tax, and
regulatory laws and prevent such money transmitting
businesses from engaging in illegal activities.
(b) In General.--Subchapter II of chapter 53 of title 31,
United States Code, is amended by adding at the end the
following new section:
``Sec. 5330. Registration of money transmitting businesses
``(a) Registration With Secretary of the Treasury
Required.--
``(1) In general.--Any person who owns or controls a money
transmitting business shall register the business (whether or
not the business is licensed as a money transmitting business
in any State) with the Secretary of the Treasury not later
than the end of the 180-day period beginning on the later
of--
``(A) the date of enactment of the Money Laundering
Suppression Act of 1994; or
``(B) the date on which the business is established.
``(2) Form and manner of registration.--Subject to the
requirements of subsection (b), the Secretary of the Treasury
shall prescribe, by regulation, the form and manner for
registering a money transmitting business pursuant to
paragraph (1).
``(3) Businesses remain subject to state law.--This section
shall not be construed as superseding any requirement of
State law relating to money transmitting businesses operating
in such State.
``(4) False and incomplete information.--The filing of
false or materially incomplete information in connection with
the registration of a money transmitting business shall be
considered as a failure to comply with the requirements of
this subchapter.
``(b) Contents of Registration.--The registration of a
money transmitting business under subsection (a) shall
include the following information:
``(1) The name and location of the business.
``(2) The name and address of each person who--
``(A) owns or controls the business;
``(B) is a director or officer of the business; or
``(C) otherwise participates in the conduct of the affairs
of the business.
``(3) The name and address of any depository institution at
which the business maintains a transaction account (as
defined in section 19(b)(1)(C) of the Federal Reserve Act).
``(4) An estimate of the volume of business in the coming
year (which shall be reported annually to the Secretary).
``(5) Such other information as the Secretary of the
Treasury may require.
[[Page 1476]]
``(c) Agents of Money Transmitting Businesses.--
``(1) Maintenance of lists of agents of money transmitting
businesses.--Pursuant to regulations which the Secretary of
the Treasury shall prescribe, each money transmitting
business shall--
``(A) maintain a list containing the names and addresses of
all persons authorized to act as an agent for such business
in connection with activities described in subsection
(d)(1)(A) and such other information about such agents as the
Secretary may require; and
``(B) make the list and other information available on
request to any appropriate law enforcement agency.
``(2) Treatment of agent as money transmitting business.--
The Secretary of the Treasury shall prescribe regulations
establishing, on the basis of such criteria as the Secretary
determines to be appropriate, a threshold point for treating
an agent of a money transmitting business as a money
transmitting business for purposes of this section.
``(d) Definitions.--For purposes of this section, the
following definitions shall apply:
``(1) Money transmitting business.--The term `money
transmitting business' means any business other than the
United States Postal Service which--
``(A) provides check cashing, currency exchange, or money
transmitting or remittance services, or issues or redeems
money orders, travelers' checks, and other similar
instruments;
``(B) is required to file reports under section 5313; and
``(C) is not a depository institution (as defined in
section 5313(g)).
``(2) Money transmitting service.--The term `money
transmitting service' includes accepting currency or funds
denominated in the currency of any country and transmitting
the currency or funds, or the value of the currency or funds,
by any means through a financial agency or institution, a
Federal reserve bank or other facility of the Board of
Governors of the Federal Reserve System, or an electronic
funds transfer network.
``(e) Civil Penalty for Failure To Comply With Registration
Requirements.--
``(1) In general.--Any person who fails to comply with any
requirement of this section or any regulation prescribed
under this section shall be liable to the United States for a
civil penalty of $5,000 for each such violation.
``(2) Continuing violation.--Each day a violation described
in paragraph (1) continues shall constitute a separate
violation for purposes of such paragraph.
``(3) Assessments.--Any penalty imposed under this
subsection shall be assessed and collected by the Secretary
of the Treasury in the manner provided in section 5321 and
any such assessment shall be subject to the provisions of
such section.''.
(c) Criminal Penalty for Failure To Comply With
Registration Requirements.--Section 1960(b)(1) of title 18,
United States Code, is amended to read as follows:
``(1) the term `illegal money transmitting business' means
a money transmitting business which affects interstate or
foreign commerce in any manner or degree and--
``(A) is intentionally operated without an appropriate
money transmitting license in a State where such operation is
punishable as a misdemeanor or a felony under State law; or
``(B) fails to comply with the money transmitting business
registration requirements under section 5330 of title 31,
United States Code, or regulations prescribed under such
section;''.
(d) Clerical Amendment.--The table of sections for chapter
53 of title 31, United States Code, is amended by inserting
after the item relating to section 5329 (as added by section
311) the following new item:
``5330. Registration of money transmitting businesses.''.
SEC. 409. UNIFORM FEDERAL REGULATION OF CASINOS.
Section 5312(a)(2) of title 31, United States Code, is
amended--
(1) by redesignating subparagraphs (X) and (Y) as
subparagraphs (Y) and (Z), respectively; and
(2) by inserting after subparagraph (W) the following new
subparagraph:
``(X) a casino, gambling casino, or gaming establishment
with an annual gaming revenue of more than $1,000,000 which--
``(i) is licensed as a casino, gambling casino, or gaming
establishment under the laws of any State or any political
subdivision of any State; or
``(ii) is an Indian gaming operation conducted under or
pursuant to the Indian Gaming Regulatory Act other than an
operation which is limited to class I gaming (as defined in
section 4(6) of such Act);''.
SEC. 410. AUTHORITY TO GRANT EXEMPTIONS TO STATES WITH
EFFECTIVE REGULATION AND ENFORCEMENT.
(a) In General.--Section 5318(a) of title 31, United States
Code, is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following new
paragraph:
``(5) exempt from the requirements of this subchapter any
class of transactions within any State if the Secretary
determines that--
``(A) under the laws of such State, that class of
transactions is subject to requirements substantially similar
to those imposed under this subchapter; and
``(B) there is adequate provision for the enforcement of
such requirements; and''.
(b) Technical and Conforming Amendment.--The penultimate
sentence of section 5318(a)(6) of title 31, United States
Code (as so redesignated by the amendment made by subsection
(a) of this section) is amended by inserting ``under this
paragraph or paragraph (5)'' after ``exemption''.
SEC. 411. CRIMINAL AND CIVIL PENALTIES FOR STRUCTURING
DOMESTIC AND INTERNATIONAL TRANSACTIONS.
(a) Criminal Penalty.--Section 5324 of title 31, United
States Code, is amended by adding at the end the following
new subsection:
``(c) Criminal Penalty.--
``(1) In general.--Whoever violates this section shall be
fined in accordance with title 18, United States Code,
imprisoned for not more than 5 years, or both.
``(2) Enhanced penalty for aggravated cases.--Whoever
violates this section while violating another law of the
United States or as part of a pattern of any illegal activity
involving more than $100,000 in a 12-month period shall be
fined twice the amount provided in subsection (b)(3) or
(c)(3) (as the case may be) of section 3571 of title 18,
United States Code, imprisoned for not more than 10 years, or
both.''.
(b) Amendment Relating to Civil Penalty.--Section
5321(a)(4)(A) of title 31, United States Code, is amended by
striking ``willfully''.
(c) Technical and Conforming Amendments.--
(1) Subsections (a) and (b) of section 5322 of title 31,
United States Code, are amended by inserting ``or 5324''
after ``section 5315'' each place such term appears.
(2) The following sections are each amended by striking
``section 5322 of title 31'' and inserting ``section 5322 or
5324 of title 31'' each place such term appears in such
sections:
(A) Sections 8(g)(1)(A)(ii), 8(w)(1)(B), and 11(c)(5)(M) of
the Federal Deposit Insurance Act.
(B) Sections 131(a)(2), 206(h)(1)(C), 206(i)(1)(A)(ii), and
206(v)(1)(B) of the Federal Credit Union Act.
(C) Section 5239(d)(1)(B) of the Revised Statutes of the
United States (as redesignated by section 413(b)(2) of this
Act).
(D) Section 5(w)(1)(B) of the Home Owners' Loan Act.
(E) Sections 984(a), 986(a), and 1956(g) (the first place
it appears) of title 18, United States Code.
SEC. 412. GAO STUDY OF CASHIERS' CHECKS.
(a) Study Required.--The Comptroller General of the United
States shall conduct a study to--
(1) determine the extent to which the practice of issuing
of cashiers' checks by financial institutions is vulnerable
to money laundering schemes;
(2) determine the extent to which additional recordkeeping
requirements should be imposed on financial institutions
which issue cashiers' checks; and
(3) analyze such other factors relating to the use and
regulation of cashiers' checks as the Comptroller General
determines to be appropriate.
(b) Report Required.--Before the end of the 6-month period
beginning on the date of enactment of this Act, the
Comptroller General shall submit a report to the Congress
containing--
(1) the findings and conclusions of the Comptroller General
in connection with the study conducted pursuant to subsection
(a); and
(2) such recommendations for legislative and administrative
action as the Comptroller General may determine to be
appropriate.
SEC. 413. TECHNICAL AMENDMENTS AND CORRECTIONS.
(a) Title 31, U.S.C., Amendments.--
(1) Section 5321(a)(5)(A) of title 31, United States Code,
is amended by inserting ``any violation of'' after
``causing''.
(2) Section 5324(a) of title 31, United States Code, is
amended--
(A) by striking ``section 5313(a), section 5325, or the
regulations issued thereunder or section 5325 or regulations
prescribed under such section 5325'' each place such term
appears and inserting ``section 5313(a) or 5325 or any
regulation prescribed under any such section''; and
(B) by striking ``with respect to such transaction''.
(b) Amendments Relating to Title 31, U.S.C.--
(1) Effective as of the date of enactment of the Annunzio-
Wylie Anti-Money Laundering Act, section 1517(b) of such Act
is amended by striking ``5314'' and inserting ``5318''.
(2) Section 5239 of the Revised Statutes of the United
States is amended by redesignating the 2d subsection (c) (as
added by section 1502(a) of the Annunzio-Wylie Anti-Money
Laundering Act) as subsection (d).
(c) Title 18, U.S.C., Amendments.--
(1) Section 1956 of title 18, United States Code, is
amended--
(A) in subsection (a)(2)--
(i) by inserting ``not more than'' before ``$500,000''; and
(ii) by striking ``transfer.'' each place such term appears
and inserting ``transfer'';
(B) in subsection (b)--
(i) by inserting ``or (a)(3)'' after ``(a)(1)''; and
(ii) by striking ``transfer.'' and inserting ``transfer'';
(C) in subsection (c)(7)(B)(iii), by inserting a close
parenthesis after ``1978'';
(D) in subsection (c)(7)(D), by striking ``section 9(c) of
the Food Stamp Act of 1977''
[[Page 1477]]
and inserting ``section 15 of the Food Stamp Act of 1977'';
(E) in subsection (c)(7)(E), by striking the period which
follows a period;
(F) in subsection (e), by striking ``Environmental'' and
inserting ``Environmental''; and
(G) by redesignating subsection (g), the second place it
appears, as subsection (h).
(2) Section 1957(f)(1) of title 18, United States Code, is
amended by striking the comma which follows a comma.
(d) Repeal of Obsolete Technical Correction to Section 1956
of Title 18, U.S.C.--Section 3557(2)(E) of Public Law 101-647
is repealed, effective on the date of enactment of such
Public Law.
TITLE V--NATIONAL FLOOD INSURANCE REFORM
SEC. 501. SHORT TITLE.
This title may be cited as the ``National Flood Insurance
Reform Act of 1994''.
Subtitle A--Definitions
SEC. 511. FLOOD DISASTER PROTECTION ACT OF 1973.
(a) In General.--Section 3(a) of the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4003(a)) is amended--
(1) by striking paragraph (5) and inserting the following
new paragraph:
``(5) `Federal entity for lending regulation' means the
Board of Governors of the Federal Reserve System, the Federal
Deposit Insurance Corporation, the Comptroller of the
Currency, the Office of Thrift Supervision, the National
Credit Union Administration, and the Farm Credit
Administration, and with respect to a particular regulated
lending institution means the entity primarily responsible
for the supervision of the institution;'';
(2) in paragraph (6), by striking the period at the end and
inserting a semicolon; and
(3) by inserting after paragraph (6) the following new
paragraphs:
``(7) `Federal agency lender' means a Federal agency that
makes direct loans secured by improved real estate or a
mobile home, to the extent such agency acts in such capacity;
``(8) the term `improved real estate' means real estate
upon which a building is located;
``(9) `lender' means a regulated lending institution or
Federal agency lender;
``(10) `regulated lending institution' means any bank,
savings and loan association, credit union, farm credit bank,
Federal land bank association, production credit association,
or similar institution subject to the supervision of a
Federal entity for lending regulation; and
``(11) `servicer' means the person responsible for
receiving any scheduled periodic payments from a borrower
pursuant to the terms of a loan, including amounts for taxes,
insurance premiums, and other charges with respect to the
property securing the loan, and making the payments of
principal and interest and such other payments with respect
to the amounts received from the borrower as may be required
pursuant to the terms of the loan.''.
(b) Conforming Amendment.--Section 202(b) of the Flood
Disaster Protection Act of 1973 (42 U.S.C. 4106(b)) is
amended by striking ``Federal instrumentality described in
such section shall by regulation require the institutions''
and inserting ``Federal entity for lending regulation shall
by regulation require the regulated lending institutions
described in such section, and each Federal agency lender
shall issue regulations requiring the Federal agency
lender,''.
SEC. 512. NATIONAL FLOOD INSURANCE ACT OF 1968.
(a) In General.--Section 1370(a) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4121(a)) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting a semicolon; and
(3) by inserting after paragraph (6) the following new
paragraphs:
``(7) the term `repetitive loss structure' means a
structure covered by a contract for flood insurance under
this title that has incurred flood-related damage on 2
occasions during a 10-year period ending on the date of the
event for which a second claim is made, in which the cost of
repair, on the average, equaled or exceeded 25 percent of the
value of the structure at the time of each such flood event;
``(8) the term `Federal agency lender' means a Federal
agency that makes direct loans secured by improved real
estate or a mobile home, to the extent such agency acts in
such capacity;
``(9) the term `Federal entity for lending regulation'
means the Board of Governors of the Federal Reserve System,
the Federal Deposit Insurance Corporation, the Comptroller of
the Currency, the Office of Thrift Supervision, the National
Credit Union Administration, and the Farm Credit
Administration, and with respect to a particular regulated
lending institution means the entity primarily responsible
for the supervision of the institution;
``(10) the term `improved real estate' means real estate
upon which a building is located;
``(11) the term `lender' means a regulated lending
institution or Federal agency lender;
``(12) the term `natural and beneficial floodplain
functions' means--
``(A) the functions associated with the natural or
relatively undisturbed floodplain that (i) moderate flooding,
retain flood waters, reduce erosion and sedimentation, and
mitigate the effect of waves and storm surge from storms, and
(ii) reduce flood related damage; and
``(B) ancillary beneficial functions, including maintenance
of water quality and recharge of ground water, that reduce
flood related damage;
``(13) the term `regulated lending institution' means any
bank, savings and loan association, credit union, farm credit
bank, Federal land bank association, production credit
association, or similar institution subject to the
supervision of a Federal entity for lending regulation; and
``(14) the term `servicer' means the person responsible for
receiving any scheduled periodic payments from a borrower
pursuant to the terms of a loan, including amounts for taxes,
insurance premiums, and other charges with respect to the
property securing the loan, and making the payments of
principal and interest and such other payments with respect
to the amounts received from the borrower as may be required
pursuant to the terms of the loan.''.
(b) Conforming Amendment.--Section 1322(d) of the National
Flood Insurance Act of 1968 (42 U.S.C. 4029(d)) is amended by
striking ``federally supervised, approved, regulated or
insured financial institution'' and inserting ``regulated
lending institution or Federal agency lender''.
Subtitle B--Compliance and Increased Participation
SEC. 521. NONWAIVER OF FLOOD PURCHASE REQUIREMENT FOR
RECIPIENTS OF FEDERAL DISASTER ASSISTANCE.
Section 311(b) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5154(b)) is amended
by adding at the end the following new sentence: ``The
requirements of this subsection may not be waived under
section 301.''.
SEC. 522. EXPANDED FLOOD INSURANCE PURCHASE REQUIREMENTS.
(a) In General.--Section 102(b) of the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4012a(b)) is amended to
read as follows:
``(b) Requirement for Mortgage Loans.--
``(1) Regulated lending institutions.--Each Federal entity
for lending regulation (after consultation and coordination
with the Financial Institutions Examination Council
established under the Federal Financial Institutions
Examination Council Act of 1974) shall by regulation direct
regulated lending institutions not to make, increase, extend,
or renew any loan secured by improved real estate or a mobile
home located or to be located in an area that has been
identified by the Director as an area having special flood
hazards and in which flood insurance has been made available
under the National Flood Insurance Act of 1968, unless the
building or mobile home and any personal property securing
such loan is covered for the term of the loan by flood
insurance in an amount at least equal to the outstanding
principal balance of the loan or the maximum limit of
coverage made available under the Act with respect to the
particular type of property, whichever is less.
``(2) Federal agency lenders.--A Federal agency lender may
not make, increase, extend, or renew any loan secured by
improved real estate or a mobile home located or to be
located in an area that has been identified by the Director
as an area having special flood hazards and in which flood
insurance has been made available under the National Flood
Insurance Act of 1968, unless the building or mobile home and
any personal property securing such loan is covered for the
term of the loan by flood insurance in the amount provided in
paragraph (1). Each Federal agency lender shall issue any
regulations necessary to carry out this paragraph. Such
regulations shall be consistent with and substantially
identical to the regulations issued under paragraph (1).
``(3) Government-sponsored enterprises for housing.--The
Federal National Mortgage Association and the Federal Home
Loan Mortgage Corporation shall implement procedures
reasonably designed to ensure that, for any loan that is--
``(A) secured by improved real estate or a mobile home
located in an area that has been identified, at the time of
the origination of the loan or at any time during the term of
the loan, by the Director as an area having special flood
hazards and in which flood insurance is available under the
National Flood Insurance Act of 1968, and
``(B) purchased by such entity,
the building or mobile home and any personal property
securing the loan is covered for the term of the loan by
flood insurance in the amount provided in paragraph (1).
``(4) Applicability.--
``(A) Existing coverage.--Except as provided in
subparagraph (B), paragraph (1) shall apply on the date of
enactment of the Riegle Community Development and Regulatory
Improvement Act of 1994.
``(B) New coverage.--Paragraphs (2) and (3) shall apply
only with respect to any loan made, increased, extended, or
renewed after the expiration of the 1-year period beginning
on the date of enactment of the Riegle Community Development
and Regulatory Improvement Act of 1994. Paragraph (1) shall
apply with respect to any loan made, increased, extended, or
renewed by any lender supervised by the Farm Credit
Administration only after the expiration of the period under
this subparagraph.
``(C) Continued effect of regulations.--Notwithstanding any
other provision of this subsection, the regulations to carry
out paragraph (1), as in effect immediately before the date
of enactment of the Riegle Community Development and
Regulatory Improvement Act of 1994, shall continue to
[[Page 1478]]
apply until the regulations issued to carry out paragraph (1)
as amended by section 522(a) of such Act take effect.''.
(b) Exemption for Small Loans.--Section 102(c) of the Flood
Disaster Protection Act of 1973 (42 U.S.C. 4012a(c)) is
amended--
(1) by striking ``(c) Notwithstanding'' and inserting the
following:
``(c) Exceptions to Purchase Requirements.--
``(1) State-owned property.--Notwithstanding''; and
(2) by adding at the end the following new paragraph:
``(2) Small loans.--Notwithstanding any other provision of
this section, subsections (a) and (b) shall not apply to any
loan having--
``(A) an original outstanding principal balance of $5,000
or less; and
``(B) a repayment term of 1 year or less.''.
SEC. 523. ESCROW OF FLOOD INSURANCE PAYMENTS.
Section 102 of the Flood Disaster Protection Act of 1973
(42 U.S.C. 4012a) is amended by adding at the end the
following new subsection:
``(d) Escrow of Flood Insurance Payments.--
``(1) Regulated lending institutions.--Each Federal entity
for lending regulation (after consultation and coordination
with the Financial Institutions Examination Council) shall by
regulation require that, if a regulated lending institution
requires the escrowing of taxes, insurance premiums, fees, or
any other charges for a loan secured by residential improved
real estate or a mobile home, then all premiums and fees for
flood insurance under the National Flood Insurance Act of
1968 for the real estate or mobile home shall be paid to the
regulated lending institution or other servicer for the loan
in a manner sufficient to make payments as due for the
duration of the loan. Upon receipt of the premiums, the
regulated lending institution or servicer of the loan shall
deposit the premiums in an escrow account on behalf of the
borrower. Upon receipt of a notice from the Director or the
provider of the insurance that insurance premiums are due,
the regulated lending institution or servicer shall pay from
the escrow account to the provider of the insurance the
amount of insurance premiums owed.
``(2) Federal agency lenders.--Each Federal agency lender
shall by regulation require and provide for escrow and
payment of any flood insurance premiums and fees relating to
residential improved real estate and mobile homes securing
loans made by the Federal agency lender under the
circumstances and in the manner provided under paragraph (1).
Any regulations issued under this paragraph shall be
consistent with and substantially identical to the
regulations issued under paragraph (1).
``(3) Applicability of respa.--Escrow accounts established
pursuant to this subsection shall be subject to the
provisions of section 10 of the Real Estate Settlement
Procedures Act of 1974.
``(4) Definition.--For purposes of this subsection, the
term `residential improved real estate' means improved real
estate for which the improvement is a residential building.
``(5) Applicability.--This subsection shall apply only with
respect to any loan made, increased, extended, or renewed
after the expiration of the 1-year period beginning on the
date of enactment of the Riegle Community Development and
Regulatory Improvement Act of 1994.''.
SEC. 524. PLACEMENT OF FLOOD INSURANCE BY LENDERS.
Section 102 of the Flood Disaster Protection Act of 1973
(42 U.S.C. 4012a), as amended by the preceding provisions of
this title, is further amended by adding at the end the
following new subsection:
``(e) Placement of Flood Insurance by Lender.--
``(1) Notification to borrower of lack of coverage.--If, at
the time of origination or at any time during the term of a
loan secured by improved real estate or by a mobile home
located in an area that has been identified by the Director
(at the time of the origination of the loan or at any time
during the term of the loan) as an area having special flood
hazards and in which flood insurance is available under the
National Flood Insurance Act of 1968, the lender or servicer
for the loan determines that the building or mobile home and
any personal property securing the loan is not covered by
flood insurance or is covered by such insurance in an amount
less than the amount required for the property pursuant to
paragraph (1), (2), or (3) of subsection (b), the lender or
servicer shall notify the borrower under the loan that the
borrower should obtain, at the borrower's expense, an amount
of flood insurance for the building or mobile home and such
personal property that is not less than the amount under
subsection (b)(1), for the term of the loan.
``(2) Purchase of coverage on behalf of borrower.--If the
borrower fails to purchase such flood insurance within 45
days after notification under paragraph (1), the lender or
servicer for the loan shall purchase the insurance on behalf
of the borrower and may charge the borrower for the cost of
premiums and fees incurred by the lender or servicer for the
loan in purchasing the insurance.
``(3) Review of determination regarding required
purchase.--
``(A) In general.--The borrower and lender for a loan
secured by improved real estate or a mobile home may jointly
request the Director to review a determination of whether the
building or mobile home is located in an area having special
flood hazards. Such request shall be supported by technical
information relating to the improved real estate or mobile
home. Not later than 45 days after the Director receives the
request, the Director shall review the determination and
provide to the borrower and the lender with a letter stating
whether or not the building or mobile home is in an area
having special flood hazards. The determination of the
Director shall be final.
``(B) Effect of determination.--Any person to whom a
borrower provides a letter issued by the Director pursuant to
subparagraph (A), stating that the building or mobile home
securing the loan of the borrower is not in an area having
special flood hazards, shall have no obligation under this
title to require the purchase of flood insurance for such
building or mobile home during the period determined by the
Director, which shall be specified in the letter and shall
begin on the date on which such letter is provided.
``(C) Effect of failure to respond.--If a request under
subparagraph (A) is made in connection with the origination
of a loan and the Director fails to provide a letter under
subparagraph (A) before the later of (i) the expiration of
the 45-day period under such subparagraph, or (ii) the
closing of the loan, no person shall have an obligation under
this title to require the purchase of flood insurance for the
building or mobile home securing the loan until such letter
is provided.
``(4) Applicability.--This subsection shall apply to all
loans outstanding on or after the date of enactment of the
Riegle Community Development and Regulatory Improvement Act
of 1994.''.
SEC. 525. PENALTIES FOR FAILURE TO REQUIRE FLOOD INSURANCE OR
NOTIFY.
Section 102 of the Flood Disaster Protection Act of 1973
(42 U.S.C. 4012a), as amended by the preceding provisions of
this title, is further amended by adding at the end the
following new subsections:
``(f) Civil Monetary Penalties for Failure To Require Flood
Insurance or Notify.--
``(1) Civil monetary penalties against regulated lenders.--
Any regulated lending institution that is found to have a
pattern or practice of committing violations under paragraph
(2) shall be assessed a civil penalty by the appropriate
Federal entity for lending regulation in the amount provided
under paragraph (5).
``(2) Lender violations.--The violations referred to in
paragraph (1) shall include--
``(A) making, increasing, extending, or renewing loans in
violation of--
``(i) the regulations issued pursuant to subsection (b) of
this section;
``(ii) the escrow requirements under subsection (d) of this
section; or
``(iii) the notice requirements under section 1364 of the
National Flood Insurance Act of 1968; or
``(B) failure to provide notice or purchase flood insurance
coverage in violation of subsection (e) of this section.
``(3) Civil monetary penalties against gse's.--
``(A) In general.--If the Federal National Mortgage
Association or the Federal Home Loan Mortgage Corporation is
found by the Director of the Office of Federal Housing
Enterprise Oversight of the Department of Housing and Urban
Development to have a pattern or practice of purchasing loans
in violation of the procedures established pursuant to
subsection (b)(3), the Director of such Office shall assess a
civil penalty against such enterprise in the amount provided
under paragraph (5) of this subsection.
``(B) Definition.--For purposes of this subsection, the
term `enterprise' means the Federal National Mortgage
Association or the Federal Home Loan Mortgage Corporation.
``(4) Notice and hearing.--A penalty under this subsection
may be issued only after notice and an opportunity for a
hearing on the record.
``(5) Amount.--A civil monetary penalty under this
subsection may not exceed $350 for each violation under
paragraph (2) or paragraph (3). The total amount of penalties
assessed under this subsection against any single regulated
lending institution or enterprise during any calendar year
may not exceed $100,000.
``(6) Lender compliance.--Notwithstanding any State or
local law, for purposes of this subsection, any regulated
lending institution that purchases flood insurance or renews
a contract for flood insurance on behalf of or as an agent of
a borrower of a loan for which flood insurance is required
shall be considered to have complied with the regulations
issued under subsection (b).
``(7) Effect of transfer on liability.--Any sale or other
transfer of a loan by a regulated lending institution that
has committed a violation under paragraph (1), that occurs
subsequent to the violation, shall not affect the liability
of the transferring lender with respect to any penalty under
this subsection. A lender shall not be liable for any
violations relating to a loan committed by another regulated
lending institution that previously held the loan.
``(8) Deposit of penalties.--Any penalties collected under
this subsection shall be paid into the National Flood
Mitigation Fund under section 1367 of the National Flood
Insurance Act of 1968.
``(9) Additional penalties.--Any penalty under this
subsection shall be in addition to
[[Page 1479]]
any civil remedy or criminal penalty otherwise available.
``(10) Statute of limitations.--No penalty may be imposed
under this subsection after the expiration of the 4-year
period beginning on the date of the occurrence of the
violation for which the penalty is authorized under this
subsection.
``(g) Other Actions To Remedy Pattern of Noncompliance.--
``(1) Authority of federal entities for lending
regulation.--A Federal entity for lending regulation may
require a regulated lending institution to take such remedial
actions as are necessary to ensure that the regulated lending
institution complies with the requirements of the national
flood insurance program if the Federal agency for lending
regulation makes a determination under paragraph (2)
regarding the regulated lending institution.
``(2) Determination of violations.--A determination under
this paragraph shall be a finding that--
``(A) the regulated lending institution has engaged in a
pattern and practice of noncompliance in violation of the
regulations issued pursuant to subsection (b), (d), or (e) or
the notice requirements under section 1364 of the National
Flood Insurance Act of 1968; and
``(B) the regulated lending institution has not
demonstrated measurable improvement in compliance despite the
assessment of civil monetary penalties under subsection
(f).''.
SEC. 526. FEES FOR DETERMINING APPLICABILITY OF FLOOD
INSURANCE PURCHASE REQUIREMENTS.
Section 102 of the Flood Disaster Protection Act of 1973
(42 U.S.C. 4012a) as amended by the preceding provisions of
this title, is further amended by adding at the end the
following new subsection:
``(h) Fee for Determining Location.--Notwithstanding any
other Federal or State law, any person who makes a loan
secured by improved real estate or a mobile home or any
servicer for such a loan may charge a reasonable fee for the
costs of determining whether the building or mobile home
securing the loan is located in an area having special flood
hazards, but only in accordance with the following
requirements:
``(1) Borrower fee.--The borrower under such a loan may be
charged the fee, but only if the determination--
``(A) is made pursuant to the making, increasing,
extending, or renewing of the loan that is initiated by the
borrower;
``(B) is made pursuant to a revision or updating under
section 1360(f) of the floodplain areas and flood-risk zones
or publication of a notice or compendia under subsection (h)
or (i) of section 1360 that affects the area in which the
improved real estate or mobile home securing the loan is
located or that, in the determination of the Director, may
reasonably be considered to require a determination under
this subsection; or
``(C) results in the purchase of flood insurance coverage
pursuant to the requirement under subsection (e)(2).
``(2) Purchaser or transferee fee.--The purchaser or
transferee of such a loan may be charged the fee in the case
of sale or transfer of the loan.''.
SEC. 527. NOTICE REQUIREMENTS.
Section 1364 of the National Flood Insurance Act of 1968
(42 U.S.C. 4104a) is amended to read as follows:
``notice requirements
``Sec. 1364. (a) Notification of Special Flood Hazards.--
``(1) Regulated lending institutions.--Each Federal entity
for lending regulation (after consultation and coordination
with the Financial Institutions Examination Council) shall by
regulation require regulated lending institutions, as a
condition of
making, increasing, extending, or renewing any loan secured
by improved real estate or a mobile home that the regulated
lending institution determines is located or is to be located
in an area that has been identified by the Director under
this title or the Flood Disaster Protection Act of 1973 as an
area having special flood hazards, to notify the purchaser or
lessee (or obtain satisfactory assurances that the seller or
lessor has notified the purchaser or lessee) and the servicer
of the loan of such special flood hazards, in writing, a
reasonable period in advance of the signing of the purchase
agreement, lease, or other documents involved in the
transaction. The regulations shall also require that the
regulated lending institution retain a record of the receipt
of the notices by the purchaser or lessee and the servicer.
``(2) Federal agency lenders.--Each Federal agency lender
shall by regulation require notification in the manner
provided under paragraph (1) with respect to any loan that is
made by the Federal agency lender and secured by improved
real estate or a mobile home located or to be located in an
area that has been identified by the Director under this
title or the Flood Disaster Protection Act of 1973 as an area
having special flood hazards. Any regulations issued under
this paragraph shall be consistent with and substantially
identical to the regulations issued under paragraph (1).
``(3) Contents of notice.--Written notification required
under this subsection shall include--
``(A) a warning, in a form to be established by the
Director, stating that the building on the improved real
estate securing the loan is located, or the mobile home
securing the loan is or is to be located, in an area having
special flood hazards;
``(B) a description of the flood insurance purchase
requirements under section 102(b) of the Flood Disaster
Protection Act of 1973;
``(C) a statement that flood insurance coverage may be
purchased under the national flood insurance program and is
also available from private insurers; and
``(D) any other information that the Director considers
necessary to carry out the purposes of the national flood
insurance program.
``(b) Notification of Change of Servicer.--
``(1) Lending institutions.--Each Federal entity for
lending regulation (after consultation and coordination with
the Financial Institutions Examination Council) shall by
regulation require regulated lending institutions, in
connection with the making, increasing, extending, renewing,
selling, or transferring any loan described in subsection
(a)(1), to notify the Director (or the designee of the
Director) in writing during the term of the loan of the
servicer of the loan. Such institutions shall also notify the
Director (or such designee) of any change in the servicer of
the loan, not later than 60 days after the effective date of
such change. The regulations under this subsection shall
provide that upon any change in the servicing of a loan, the
duty to provide notification under this subsection shall
transfer to the transferee servicer of the loan.
``(2) Federal agency lenders.--Each Federal agency lender
shall by regulation provide for notification in the manner
provided under paragraph (1) with respect to any loan
described in subsection (a)(1) that is made by the Federal
agency lender. Any regulations issued under this paragraph
shall be consistent with and substantially identical to the
regulations issued under paragraph (1) of this subsection.
``(c) Notification of Expiration of Insurance.--The
Director (or the designee of the Director) shall, not less
than 45 days before the expiration of any contract for flood
in-
surance under this title, issue notice of such expiration by
first class mail to the owner of the property covered by the
contract, the servicer of any loan secured by the property
covered by the contract, and (if known to the Director) the
owner of the loan.''.
SEC. 528. STANDARD HAZARD DETERMINATION FORMS.
Chapter III of the National Flood Insurance Act of 1968 (42
U.S.C. 4101 et seq.) is amended by adding at the end the
following new section:
``standard hazard determination forms
``Sec. 1365. (a) Development.--The Director, in
consultation with representatives of the mortgage and lending
industry, the Federal entities for lending regulation, the
Federal agency lenders, and any other appropriate
individuals, shall develop a standard form for determining,
in the case of a loan secured by improved real estate or a
mobile home, whether the building or mobile home is located
in an area identified by the Director as an area having
special flood hazards and in which flood insurance under this
title is available. The form shall be established by
regulations issued not later than 270 days after the date of
enactment of the Riegle Community Development and Regulatory
Improvement Act of 1994.
``(b) Design and Contents.--
``(1) Purpose.--The form under subsection (a) shall be
designed to facilitate compliance with the flood insurance
purchase requirements of this title.
``(2) Contents.--The form shall require identification of
the type of flood-risk zone in which the building or mobile
home is located, the complete map and panel numbers for the
improved real estate or property on which the mobile home is
located, the community identification number and community
participation status (for purposes of the national flood
insurance program) of the community in which the improved
real estate or such property is located, and the date of the
map used for the determination, with respect to flood hazard
information on file with the Director. If the building or
mobile home is not located in an area having special flood
hazards the form shall require a statement to such effect and
shall indicate the complete map and panel numbers of the
improved real estate or property on which the mobile home is
located. If the complete map and panel numbers are not
available because the building or mobile home is not located
in a community that is participating in the national flood
insurance program or because no map exists for the relevant
area, the form shall require a statement to such effect. The
form shall provide for inclusion or attachment of any
relevant documents indicating revisions or amendments to
maps.
``(c) Required Use.--The Federal entities for lending
regulation shall by regulation require the use of the form
under this section by regulated lending institutions. Each
Federal agency lender shall by regulation provide for the use
of the form with respect to any loan made by such Federal
agency lender. The Federal National Mortgage Association and
the Federal Home Loan Mortgage Corporation and the Government
National Mortgage Association shall require the use of the
form with respect to any loan purchased by such entities. A
lender or other person may comply with the requirement under
this subsection by using the form in a printed, computerized,
or electronic manner.
``(d) Guarantees Regarding Information.--In providing
information regarding special flood hazards on the form
developed under this section, any lender (or other person
required to use the form) who makes, increases, extends, or
renews a loan secured by improved real estate or a mobile
home may provide for the acquisition or determination
[[Page 1480]]
of such information to be made by a person other than such
lender (or other person), only to the extent such person
guarantees the accuracy of the information.
``(e) Reliance on Previous Determination.--Any person
increasing, extending, renewing, or purchasing a loan secured
by improved real estate or a mobile home may rely on a
previous determination of whether the building or mobile home
is located in an area having special flood hazards (and shall
not be liable for any error in such previous determination),
if the previous determination was made not more than 7 years
before the date of the transaction and the basis for the
previous determination has been set forth on a form under
this section, unless--
``(1) map revisions or updates pursuant to section 1360(f)
after such previous determination have resulted in the
building or mobile home being located in an area having
special flood hazards; or
``(2) the person contacts the Director to determine when
the most recent map revisions or updates affecting such
property occurred and such revisions and updates have
occurred after such previous determination.
``(f) Effective Date.--The regulations under this section
requiring use of the form established pursuant to this
section shall be issued together with the regulations
required under subsection (a) and shall take effect upon the
expiration of the 180-day period beginning on such
issuance.''.
SEC. 529. EXAMINATIONS REGARDING COMPLIANCE.
(a) Amendment to Federal Deposit Insurance Act.--Section 10
of the Federal Deposit Insurance Act (12 U.S.C. 1820) is
amended by adding at the end the following new subsection:
``(i) Flood Insurance Compliance by Insured Depository
Institutions.--
``(1) Examinations.--The appropriate Federal banking agency
shall, during each scheduled on-site examination required by
this section, determine whether the insured depository
institution is complying with the requirements of the
national flood insurance program.
``(2) Report.--
``(A) Requirement.--Not later than 1 year after the date of
enactment of the Riegle Community Development and Regulatory
Improvement Act of 1994 and biennially thereafter for the
next 4 years, each appropriate Federal banking agency shall
submit a report to the Congress on compliance by insured
depository institutions with the requirements of the national
flood insurance program.
``(B) Contents.--Each report submitted under this paragraph
shall include a description of the methods used to determine
compliance, the number of institutions examined during the
reporting year, a listing and total number of institutions
found not to be in compliance, actions taken to correct
incidents of noncompliance, and an analysis of compliance,
including a discussion of any trends, patterns, and problems,
and recommendations regarding reasonable actions to improve
the efficiency of the examinations processes.''.
(b) Amendment to Federal Credit Union Act.--Section 204 of
the Federal Credit Union Act (12 U.S.C. 1784) is amended by
adding at the end the following new subsection:
``(e) Flood Insurance Compliance by Insured Credit
Unions.--
``(1) Examination.--The Board shall, during each
examination conducted under this section, determine whether
the insured credit union is complying with the requirements
of the national flood insurance program.
``(2) Report.--
``(A) Requirement.--Not later than 1 year after the date of
enactment of the Riegle Community Development and Regulatory
Improvement Act of 1994 and biennially thereafter for the
next 4 years, the Board shall submit a report to the Congress
on compliance by insured credit unions with the requirements
of the national flood insurance program.
``(B) Contents.--The report shall include a description of
the methods used to determine compliance, the number of
insured credit unions examined during the reporting year, a
listing and total number of insured credit unions found not
to be in compliance, actions taken to correct incidents of
noncompliance, and an analysis of compliance, including a
discussion of any trends, patterns, and problems, and
recommendations regarding reasonable actions to improve the
efficiency of the examinations processes.''.
(c) Amendment to Federal Housing Enterprises Financial
Safety and Soundness Act of 1992.--Section 1319B(a) of the
Federal Housing Enterprises Financial Safety and Soundness
Act of 1992 (12 U.S.C. 4521(a)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) a description of--
``(A) whether the procedures established by each enterprise
pursuant to section 102(b)(3) of the Flood Disaster
Protection Act of 1973 are adequate and being complied with,
and
``(B) the results and conclusions of any examination, as
determined necessary by the Director, to determine the
compliance of the enterprises with the requirements of
section 102(b)(3) of such Act, which shall include a
description of the methods used to determine compliance and
the types and sources of deficiencies (if any), and identify
any corrective measures that have been taken to remedy any
such deficiencies,
except that the information described in this paragraph shall
be included only in each of the first, third, and fifth
annual reports under this subsection required to be submitted
after the expiration of the 1-year period beginning on the
date of enactment of the Riegle Community Development and
Regulatory Improvement Act of 1994.''.
SEC. 530. FINANCIAL INSTITUTIONS EXAMINATION COUNCIL.
Section 1006 of the Federal Financial Institutions
Examination Council Act of 1978 (12 U.S.C. 3305) is amended
by adding at the end the following new subsection:
``(g) Flood Insurance.--The Council shall consult with and
assist the Federal entities for lending regulation, as such
term is defined in section 1370(a) of the National Flood
Insurance Act of 1968, in developing and coordinating uniform
standards and requirements for use by regulated lending
institutions under the national flood insurance program.''.
SEC. 531. CLERICAL AMENDMENT.
Section 102 of the Flood Disaster Protection Act of 1973
(42 U.S.C. 4012a) is amended by striking the section heading
and inserting the following new section heading:
``flood insurance purchase and compliance requirements and escrow
accounts''.
Subtitle C--Ratings and Incentives for Community Floodplain Management
Programs
SEC. 541. COMMUNITY RATING SYSTEM AND INCENTIVES FOR
COMMUNITY FLOODPLAIN MANAGEMENT.
Section 1315 of the National Flood Insurance Act of 1968
(42 U.S.C. 4022) is amended--
(1) by striking ``After December'' and inserting the
following:
``(a) Requirement for Participation in Flood Insurance
Program.--
``(1) In general.--After December''; and
(2) by adding at the end the following new subsection:
``(b) Community Rating System and Incentives for Community
Floodplain Management.--
``(1) Authority and goals.--The Director shall carry out a
community rating system program, under which communities
participate voluntarily--
``(A) to provide incentives for measures that reduce the
risk of flood or erosion damage that exceed the criteria set
forth in section 1361 and evaluate such measures;
``(B) to encourage adoption of more effective measures that
protect natural and beneficial floodplain functions;
``(C) to encourage floodplain and erosion management; and
``(D) to promote the reduction of Federal flood insurance
losses.
``(2) Incentives.--The program shall provide incentives in
the form of credits on premium rates for flood insurance
coverage in communities that the Director determines have
adopted and enforced measures that reduce the risk of flood
and erosion damage that exceed the criteria set forth in
section 1361. In providing incentives under this paragraph,
the Director may provide for credits to flood insurance
premium rates in communities that the Director determines
have implemented measures that protect natural and beneficial
floodplain functions.
``(3) Credits.--The credits on premium rates for flood
insurance coverage shall be based on the estimated reduction
in flood and erosion damage risks resulting from the measures
adopted by the community under this program. If a community
has received mitigation assistance under section 1366, the
credits shall be phased in a manner, determined by the
Director, to recover the amount of such assistance provided
for the community.
``(4) Reports.--Not later than 2 years after the date of
enactment of the Riegle Community Development and Regulatory
Improvement Act of 1994 and not less than every 2 years
thereafter, the Director shall submit a report to the
Congress regarding the program under this subsection. Each
report shall include an analysis of the cost-effectiveness of
the program, any other accomplishments or shortcomings of the
program, and any recommendations of the Director for
legislation regarding the program.''.
SEC. 542. FUNDING.
Section 1310(a) of the National Flood Insurance Act of 1968
(42 U.S.C. 4017(a)) is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(3) by adding after paragraph (5) the following new
paragraph:
``(6) for carrying out the program under section
1315(b);''.
Subtitle D--Mitigation of Flood Risks
SEC. 551. REPEAL OF FLOODED PROPERTY PURCHASE AND LOAN
PROGRAM.
(a) Repeal.--Section 1362 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4103) is hereby repealed.
(b) Transition Phase.--Notwithstanding subsection (a),
during the 1-year period beginning on the date of enactment
of this Act, the Director of the Federal Emergency Management
Agency may enter into loan and purchase commitments as
provided under section 1362 of the National Flood Insurance
Act of 1968 (as in effect immediately before the enactment of
this Act).
(c) Savings Provision.--Notwithstanding subsection (a), the
Director shall take any action necessary to comply with any
purchase or loan commitment entered into be-
[[Page 1481]]
fore the expiration of the period referred to in subsection
(b) pursuant to authority under section 1362 of the National
Flood Insurance Act of 1968 or subsection (b).
SEC. 552. TERMINATION OF EROSION-THREATENED STRUCTURES
PROGRAM.
(a) In General.--Section 1306 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4013) is amended by striking
subsection (c).
(b) Transition Phase.--Notwithstanding subsection (a),
during the 1-year period beginning on the date of enactment
of this Act, the Director of the Federal Emergency Management
Agency may pay amounts under flood insurance contracts for
demolition or relocation of structures as provided in section
1306(c) of the National Flood Insurance Act of 1968 (as in
effect immediately before the enactment of this Act).
(c) Savings Provision.--Notwithstanding subsection (a), the
Director shall take any action necessary to make payments
under flood insurance contracts pursuant to any commitments
made before the expiration of the period referred to in
subsection (b) pursuant to the authority under section
1306(c) of the National Flood Insurance Act of 1968 or
subsection (b).
(d) Repeal of Findings Provision.--Section 1302 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4001) is
amended by striking subsection (g).
SEC. 553. MITIGATION ASSISTANCE PROGRAM.
(a) In General.--Chapter III of the National Flood
Insurance Act of 1968 (42 U.S.C. 4101 et seq.), as amended by
the preceding provisions of this title, is further amended by
adding at the end the following new section:
``mitigation assistance
``Sec. 1366. (a) Authority.--The Director shall carry out a
program to provide financial assistance to States and
communities, using amounts made available from the National
Flood Mitigation Fund under section 1367, for planning and
carrying out activities designed to reduce the risk of flood
damage to structures covered under contracts for flood
insurance under this title. Such financial assistance shall
be made available to States and communities in the form of
grants under subsection (b) for planning assistance and in
the form of grants under this section for carrying out
mitigation activities.
``(b) Planning Assistance Grants.--
``(1) In general.--The Director may make grants under this
subsection to States and communities to assist in developing
mitigation plans under subsection (c).
``(2) Funding.--Of any amounts made available from the
National Flood Mitigation Fund for use under this section in
any fiscal year, the Director may use not more than
$1,500,000 to provide planning assistance grants under this
subsection.
``(3) Limitations.--
``(A) Timing.--A grant under this subsection may be awarded
to a State or community not more than once every 5 years and
each grant may cover a period of 1 to 3 years.
``(B) Single grantee amount.--A grant for planning
assistance may not exceed--
``(i) $150,000, to any State; or
``(ii) $50,000, to any community.
``(C) Cumulative state grant amount.--The sum of the
amounts of grants made under this subsection in any fiscal
year to any one State and all communities located in such
State may not exceed $300,000.
``(c) Eligibility for Mitigation Assistance.--To be
eligible to receive financial assistance under this section
for mitigation activities, a State or community shall
develop, and have approved by the Director, a flood risk
mitigation plan (in this section referred to as a `mitigation
plan'), that describes the mitigation activities to be
carried out with assistance provided under this section, is
consistent with the criteria established by the Director
under section 1361, and provides protection against flood
losses to structures for which contracts for flood insurance
are available under this title. The mitigation plan shall be
consistent with a comprehensive strategy for mitigation
activities for the area affected by the mitigation plan, that
has been adopted by the State or community following a public
hearing.
``(d) Notification of Approval and Grant Award.--
``(1) In general.--The Director shall notify a State or
community submitting a mitigation plan of the approval or
disapproval of the plan not later than 120 days after
submission of the plan.
``(2) Notification of disapproval.--If the Director does
not approve a mitigation plan submitted under this
subsection, the Director shall notify, in writing, the State
or community submitting the plan of the reasons for such
disapproval.
``(e) Eligible Mitigation Activities.--
``(1) Use of amounts.--Amounts provided under this section
(other than under subsection (b)) may be used only for
mitigation activities specified in a mitigation plan approved
by the Director under subsection (d). The Director shall
provide assistance under this section to the extent amounts
are available in the National Flood Mitigation Fund pursuant
to appropriation Acts, subject only to the absence of
approvable mitigation plans.
``(2) Determination of eligible plans.--The Director may
approve only mitigation plans that specify mitigation
activities that the Director determines are technically
feasible and cost-effective and only such plans that propose
activities that are cost-beneficial to the National Flood
Mitigation Fund.
``(3) Standard for approval.--The Director shall approve
mitigation plans meeting the requirements for approval under
paragraph (1) that will be most cost-beneficial to the
National Flood Mitigation Fund.
``(4) Priority.--The Director shall make every effort to
provide mitigation assistance under this section for
mitigation plans proposing activities for repetitive loss
structures and structures that have incurred substantial
damage.
``(5) Eligible activities.--The Director shall determine
whether mitigation activities described in a mitigation plan
submitted under subsection (d) comply with the requirements
under paragraph (1). Such activities may include--
``(A) demolition or relocation of any structure located on
land that is along the shore of a lake or other body of water
and is certified by an appropriate State or local land use
authority to be subject to imminent collapse or subsidence as
a result of erosion or flooding;
``(B) elevation, relocation, demolition, or floodproofing
of structures (including public structures) located in areas
having special flood hazards or other areas of flood risk;
``(C) acquisition by States and communities of properties
(including public properties) located in areas having special
flood hazards or other areas of flood risk and properties
substantially damaged by flood, for public use, as the
Director determines is consistent with sound land management
and use in such area;
``(D) minor physical mitigation efforts that do not
duplicate the flood prevention activities of other Federal
agencies and that lessen the frequency or severity of
flooding and decrease predicted flood damages, which shall
not include major flood control projects such as dikes,
levees, seawalls, groins, and jetties unless the Director
specifically determines in approving a mitigation plan that
such activities are the most cost-effective mitigation
activities for the National Flood Mitigation Fund;
``(E) beach nourishment activities;
``(F) the provision of technical assistance by States to
communities and individuals to conduct eligible mitigation
activities;
``(G) other activities that the Director considers
appropriate and specifies in regulation; and
``(H) other mitigation activities not described in
subparagraphs (A) through (F) or the regulations issued under
subparagraph (G), that are described in the mitigation plan
of a State or community.
``(f) Limitations on Amount of Assistance.--
``(1) Amount.--The sum of the amounts of mitigation
assistance provided under this section during any 5-year
period may not exceed--
``(A) $10,000,000, to any State; or
``(B) $3,300,000, to any community.
``(2) Geographic.--The sum of the amounts of mitigation
assistance provided under this section during any 5-year
period to any one State and all communities located in such
State may not exceed $20,000,000.
``(3) Waiver.--The Director may waive the dollar amount
limitations under paragraphs (1) and (2) for any State or
community for any 5-year period during which a major disaster
or emergency declared by the President (pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act) as a result of flood conditions is in effect with
respect to areas in the State or community.
``(g) Matching Requirement.--
``(1) In general.--The Director may not provide mitigation
assistance under this section to a State or community in an
amount exceeding 3 times the amount that the State or
community certifies, as the Director shall require, that the
State or community will contribute from non-Federal funds to
develop a mitigation plan under subsection (c) and to carry
out mitigation activities under the approved mitigation plan.
In no case shall any in-kind contribution by any State or
community exceed one-half of the amount of non-Federal funds
contributed by the State or community.
``(2) Non-federal funds.--For purposes of this subsection,
the term `non-Federal funds' includes State or local agency
funds, in-kind contributions, any salary paid to staff to
carry out the mitigation activities of the recipient, the
value of the time and services contributed by volunteers to
carry out such activities (at a rate determined by the
Director), and the value of any donated material or building
and the value of any lease on a building.
``(h) Oversight of Mitigation Plans.--The Director shall
conduct oversight of recipients of mitigation assistance
under this section to ensure that the assistance is used in
compliance with the approved mitigation plans of the
recipients and that matching funds certified under subsection
(g) are used in accordance with such certification.
``(i) Recapture.--
``(1) Noncompliance with plan.--If the Director determines
that a State or community that has received mitigation
assistance under this section has not carried out the
mitigation activities as set forth in the mitigation plan,
the Director shall recapture any unexpended amounts and
deposit the amounts in the National Flood Mitigation Fund
under section 1367.
``(2) Failure to provide matching funds.--If the Director
determines that a State or community that has received
mitigation assistance under this section has not provided
matching funds in the amount certified under subsection (g),
the Director shall recapture any unexpended amounts of
mitigation assistance exceeding 3 times the amount of such
matching funds actually pro-
[[Page 1482]]
vided and deposit the amounts in the National Flood
Mitigation Fund under section 1367.
``(j) Reports.--Not later than 1 year after the date of
enactment of the Riegle Community Development and Regulatory
Improvement Act of 1994 and biennially thereafter, the
Director shall submit a report to the Congress describing the
status of mitigation activities carried out with assistance
provided under this section.
``(k) Definition of Community.--For purposes of this
section, the term `community' means--
``(1) a political subdivision that (A) has zoning and
building code jurisdiction over a particular area having
special flood hazards, and (B) is participating in the
national flood insurance program; or
``(2) a political subdivision of a State, or other
authority, that is designated to develop and administer a
mitigation plan by political subdivisions, all of which meet
the requirements of paragraph (1).''.
(b) Regulations.--Not later than 6 months after date of
enactment of this Act, the Director of the Federal Emergency
Management Agency shall issue regulations to carry out
section 1366 of the National Flood Insurance Act of 1968, as
added by subsection (a).
SEC. 554. ESTABLISHMENT OF NATIONAL FLOOD MITIGATION FUND.
(a) In General.--Chapter III of the National Flood
Insurance Act of 1968 (42 U.S.C. 4101 et seq.), as amended by
the preceding provisions of this title, is further amended by
adding at the end the following new section:
``national flood mitigation fund
``Sec. 1367. (a) Establishment and Availability.--The
Director shall establish in the Treasury of the United States
a fund to be known as the National Flood Mitigation Fund,
which shall be credited with amounts described in subsection
(b) and shall be available, to the extent provided in
appropriation Acts, for providing assistance under section
1366.
``(b) Credits.--The National Flood Mitigation Fund shall be
credited with--
``(1) amounts from the National Flood Insurance Fund, in
amounts not exceeding--
``(A) $10,000,000 in the fiscal year ending September 30,
1994;
``(B) $15,000,000 in the fiscal year ending September 30,
1995;
``(C) $20,000,000 in the fiscal year ending September 30,
1996; and
``(D) $20,000,000 in each fiscal year thereafter;
``(2) any penalties collected under section 102(f) of the
Flood Disaster Protection Act of 1973; and
``(3) any amounts recaptured under section 1366(i).
``(c) Investment.--If the Director determines that the
amounts in the National Flood Mitigation Fund are in excess
of amounts needed under subsection (a), the Director may
invest any excess amounts the Director determines advisable
in interest-bearing obligations issued or guaranteed by the
United States.
``(d) Report.--The Director shall submit a report to the
Congress not later than the expiration of the 1-year period
beginning on the date of enactment of this Act and not less
than once during each successive 2-year period thereafter.
The report shall describe the status of the Fund and any
activities carried out with amounts from the Fund.''.
(b) National Flood Insurance Fund as Separate Account.--
Section 1310(a) of the National Flood Insurance Act of 1968
(42 U.S.C. 4017(a)) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``is authorized to'' and inserting
``shall''; and
(B) by inserting after ``which shall be'' the following:
``an account separate from any other accounts or funds
available to the Director and shall be''; and
(2) by adding after paragraph (6) (as added by the
preceding provisions of this title) the following new
paragraph:
``(7) for transfers to the National Flood Mitigation Fund,
but only to the extent provided in section 1367(b)(1); and''.
SEC. 555. ADDITIONAL COVERAGE FOR COMPLIANCE WITH LAND USE
AND CONTROL MEASURES.
(a) In General.--Section 1304 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4011) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Additional Coverage for Compliance With Land Use and
Control Measures.--The national flood insurance program
established pursuant to subsection (a) shall enable the
purchase of insurance to cover the cost of compliance with
land use and control measures established under section 1361
for--
``(1) properties that are repetitive loss structures;
``(2) properties that have flood damage in which the cost
of repairs equals or exceeds 50 percent of the value of the
structure at the time of the flood event; and
``(3) properties that have sustained flood damage on
multiple occasions, if the Director determines that it is
cost-effective and in the best interests of the National
Flood Insurance Fund to require compliance with the land use
and control measures.
The Director shall impose a surcharge on each insured of not
more than $75 per policy to provide cost of compliance
coverage in accordance with the provisions of this
subsection.''.
(b) Applicability.--The provisions of subsection (a) shall
apply only to properties that sustain flood-related damage
after the date of enactment of this Act.
Subtitle E--Task Forces
SEC. 561. FLOOD INSURANCE INTERAGENCY TASK FORCE.
(a) Establishment.--There is hereby established an
interagency task force to be known as the Flood Insurance
Task Force (in this section referred to as the ``Task
Force'').
(b) Membership.--
(1) In general.--The Task Force shall be composed of 10
members, who shall be the designees of--
(A) the Federal Insurance Administrator;
(B) the Federal Housing Commissioner;
(C) the Secretary of Veterans Affairs;
(D) the Administrator of the Farmers Home Administration;
(E) the Administrator of the Small Business Administration;
(F) the Chairman of the Board of Directors of the Farm
Credit Administration;
(G) a designee of the Financial Institutions Examination
Council;
(H) the Director of the Office of Federal Housing
Enterprise Oversight;
(I) the chairman of the Board of Directors of the Federal
Home Loan Mortgage Corporation; and
(J) the chairman of the Board of Directors of the Federal
National Mortgage Association.
(2) Qualifications.--Members of the Task Force shall be
designated for membership on the Task Force by reason of
demonstrated knowledge and competence regarding the national
flood insurance program.
(c) Duties.--The Task Force shall carry out the following
duties:
(1) Recommendations of standardized enforcement
procedures.--Make recommendations to the head of each Federal
agency and enterprise referred to under subsection (b)(1)
regarding establishment or adoption of standardized
enforcement procedures among such agencies and corporations
responsible for enforcing compliance with the requirements
under the national flood insurance program to ensure fullest
possible compliance with such requirements.
(2) Study of compliance assistance.--Conduct a study of the
extent to which Federal agencies and the secondary mortgage
market can provide assistance in ensuring compliance with the
requirements under the national flood insurance program and
submit to the Congress a report describing the study and any
conclusions.
(3) Study of compliance model.--Conduct a study of the
extent to which existing programs of Federal agencies and
corporations for compliance with the requirements under the
national flood insurance program can serve as a model for
other Federal agencies responsible for enforcing compliance,
and submit to the Congress a report describing the study and
any conclusions.
(4) Recommendations for enforcement and compliance
procedures.--Develop recommendations regarding enforcement
and compliance procedures, based on the studies and findings
of the Task Force, and publish such recommendations.
(5) Study of determination fees.--Conduct a study of--
(A) the reasonableness of fees charged pursuant to 102(h)
of the Flood Disaster Protection Act of 1973 for costs of
determining whether the property securing a loan is located
in an area having special flood hazards; and
(B) whether the fees charged pursuant to such section by
lenders and servicers are greater than the amounts paid by
such lenders and servicers to persons actually conducting
such determinations and the extent to which the fees exceed
such amounts.
(d) Noncompensation.--Members of the Task Force shall
receive no additional pay by reason of their service on the
Task Force.
(e) Chairperson.--The members of the Task Force shall elect
one member as chairperson of the Task Force.
(f) Meetings and Action.--The Task Force shall meet at the
call of the chairman or a majority of the members of the Task
Force and may take action by a vote of the majority of the
members. The Federal Insurance Administrator shall coordinate
and call the initial meeting of the Task Force.
(g) Officers.--The chairperson of the Task Force may
appoint any officers to carry out the duties of the Task
Force under subsection (c).
(h) Staff of Federal Agencies.--Upon request of the
chairperson of the Task Force, the head of any of the Federal
agencies and entities referred to under subsection (b)(1) may
detail, on a nonreimbursable basis, any of the personnel of
such agency to the Task Force to assist the Task Force in
carrying out its duties under this section.
(i) Powers.--In carrying out this section, the Task Force
may hold hearings, sit and act at times and places, take
testimony, receive evidence and assistance, provide
information, and conduct research as the Task Force considers
appropriate.
(j) Termination.--The Task Force shall terminate upon the
expiration of the 24-month period beginning upon the
designation of the last member to be designated under
subsection (b)(1).
SEC. 562. TASK FORCE ON NATURAL AND BENEFICIAL FUNCTIONS OF
THE FLOODPLAIN.
(a) Establishment.--There is hereby established an
interagency task force to be known as the Task Force on
Natural and Beneficial Functions of the Floodplain (in
[[Page 1483]]
this section referred to as the ``Task Force'').
(b) Membership.--The Task Force shall be composed of 5
members, who shall be the designees of--
(1) the Under Secretary of Commerce for Oceans and
Atmosphere;
(2) the Director of the United States Fish and Wildlife
Service;
(3) the Administrator of the Environmental Protection
Agency;
(4) the Secretary of the Army, acting through the Chief of
Engineers; and
(5) the Director of the Federal Emergency Management
Agency.
(c) Duties.--The Task Force shall--
(1) conduct a study to--
(A) identify the natural and beneficial functions of the
floodplain that reduce flood-related losses; and
(B) develop recommendations on how to reduce flood losses
by protecting the natural and beneficial functions of the
floodplain; and
(2) make the information and recommendations under
subparagraphs (A) and (B) publicly available.
(d) Noncompensation.--Members of the Task Force shall
receive no additional pay by reason of their service on the
Task Force.
(e) Chairperson.--The members of the Task Force shall elect
one member as chairperson of the Task Force.
(f) Meetings and Action.--The Task Force shall meet at the
call of the chairperson or a majority of the members of the
Task Force and may take action by a vote of the majority of
the members. The Federal Insurance Administrator shall
coordinate and call the initial meeting of the Task Force.
(g) Officers.--The chairperson of the Task Force may
appoint any officers to carry out the duties of the Task
Force under subsection (c).
(h) Staff of Federal Agencies.--Upon request of the
chairperson of the Task Force, the head of any of the Federal
agencies and entities referred to under subsection (b) may
detail, on a nonreimbursable basis, any of the personnel of
such agency to the Task Force to assist the Task Force in
carrying out its duties under this section.
(i) Powers.--In carrying out this section, the Task Force
may hold hearings, sit and act at times and places, take
testimony, receive evidence and assistance, provide
information, and conduct research as the Task Force considers
appropriate.
(j) Termination.--The Task Force shall terminate upon the
expiration of the 24-month period beginning upon the
designation of the last member to be designated under
subsection (b).
Subtitle F--Miscellaneous Provisions
SEC. 571. EXTENSION OF FLOOD INSURANCE PROGRAM.
(a) In General.--Section 1319 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4026) is amended by striking
``September 30, 1995'' and inserting ``September 30, 1996''.
(b) Emergency Implementation.--Section 1336(a) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4056(a)) is
amended by striking ``September 30, 1995'' and inserting
``September 30, 1996''.
SEC. 572. LIMITATION ON PREMIUM INCREASES.
(a) Property-Specific Limitation.--Section 1308 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4013(b)) is
amended--
(1) in subsection (c), by striking ``Notwithstanding any
other provision of this title'' and inserting ``Subject only
to the limitation under subsection (e)''; and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Annual Limitation on Premium Increases.--
Notwithstanding any other provision of this title, the
chargeable risk premium rates for flood insurance under this
title for any properties within any single risk
classification may not be increased by an amount that would
result in the average of such rate increases for properties
within the risk classification during any 12-month period
exceeding 10 percent of the average of the risk premium rates
for properties within the risk classification upon the
commencement of such 12-month period.''.
(b) Repeal of Program-Wide Limitation.--Subsection (d) of
section 541 of the Housing and Community Development Act of
1987 (42 U.S.C. 4015 note) is hereby repealed.
SEC. 573. MAXIMUM FLOOD INSURANCE COVERAGE AMOUNTS.
(a) In General.--Section 1306(b) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4013(b)) is amended as
follows:
(1) Residential property.--In paragraph (2), by striking
``an amount of $150,000 under the provisions of this clause''
and inserting the following: ``a total amount (including such
limits specified in paragraph (1)(A)(i)) of $250,000''.
(2) Residential property contents.--In paragraph (3), by
striking ``an amount of $50,000 under the provisions of this
clause'' and inserting the following: ``a total amount
(including such limits specified in paragraph (1)(A)(ii)) of
$100,000''.
(3) Nonresidential property and contents.--By striking
paragraph (4) and inserting the following new paragraph:
``(4) in the case of any nonresidential property, including
churches, for which the risk premium rate is determined in
accordance with the provisions of section 1307(a)(1),
additional flood insurance in excess of the limits specified
in subparagraphs (B) and (C) of paragraph (1) shall be made
available to every insured upon renewal and every applicant
for insurance, in respect to any single structure, up to a
total amount (including such limit specified in subparagraph
(B) or (C) of paragraph (1), as applicable) of $500,000 for
each structure and $500,000 for any contents related to each
structure; and''.
(b) Removal of Ceiling on Coverage Required.--Section
1306(b) of the National Flood Insurance Act of 1968 (42
U.S.C. 4013(b)) is amended--
(1) in paragraph (5), by striking ``; and'' at the end and
inserting a period; and
(2) by striking paragraph (6).
SEC. 574. FLOOD INSURANCE PROGRAM ARRANGEMENTS WITH PRIVATE
INSURANCE ENTITIES.
Section 1345(b) of the National Flood Insurance Act of 1968
(42 U.S.C. 4081(b)) is amended by striking the period at the
end and inserting the following: ``and without regard to the
provisions of the Federal Advisory Committee Act (5 U.S.C.
App.).''.
SEC. 575. UPDATING OF FLOOD MAPS.
Section 1360 of the National Flood Insurance Act of 1968
(42 U.S.C. 4101) is amended by adding at the end the
following new subsections:
``(e) Review of Flood Maps.--Once during each 5-year period
(the 1st such period beginning on the date of enactment of
the Riegle Community Development and Regulatory Improvement
Act of 1994) or more often as the Director determines
necessary, the Director shall assess the need to revise and
update all floodplain areas and flood risk zones identified,
delineated, or established under this section, based on an
analysis of all natural hazards affecting flood risks.
``(f) Updating Flood Maps.--The Director shall revise and
update any floodplain areas and flood-risk zones--
``(1) upon the determination of the Director, according to
the assessment under subsection (e), that revision and
updating are necessary for the areas and zones; or
``(2) upon the request from any State or local government
stating that specific floodplain areas or flood-risk zones in
the State or locality need revision or updating, if
sufficient technical data justifying the request is submitted
and the unit of government making the request agrees to
provide funds in an amount determined by the Director, but
which may not exceed 50 percent of the cost of carrying out
the requested revision or update.
``(g) Availability of Flood Maps.--To promote compliance
with the requirements of this title, the Director shall make
flood insurance rate maps and related information available
free of charge to the Federal entities for lending
regulation, Federal agency lenders, State agencies directly
responsible for coordinating the national flood insurance
program, and appropriate representatives of communities
participating in the national flood insurance program, and at
a reasonable cost to all other persons. Any receipts
resulting from this subsection shall be deposited in the
National Flood Insurance Fund, pursuant to section
1310(b)(6).
``(h) Notification of Flood Map Changes.--The Director
shall cause notice to be published in the Federal Register
(or shall provide notice by another comparable method) of any
change to flood insurance map panels and any change to flood
insurance map panels issued in the form of a letter of map
amendment or a letter of map revision. Such notice shall be
published or otherwise provided not later than 30 days after
the map change or revision becomes effective. Notice by any
method other than publication in the Federal Register shall
include all pertinent information, provide for regular and
frequent distribution, and be at least as accessible to map
users as notice in the Federal Register. All notices under
this subsection shall include information on how to obtain
copies of the changes or revisions.
``(i) Compendia of Flood Map Changes.--Every 6 months, the
Director shall publish separately in their entirety within a
compendium, all changes and revisions to flood insurance map
panels and all letters of map amendment and letters of map
revision for which notice was published in the Federal
Register or otherwise provided during the preceding 6 months.
The Director shall make such compendia available, free of
charge, to Federal entities for lending regulation, Federal
agency lenders, and States and communities participating in
the national flood insurance program pursuant to section 1310
and at cost to all other parties. Any receipts resulting from
this subsection shall be deposited in the National Flood
Insurance Fund, pursuant to section 1310(b)(6).
``(j) Provision of Information.--In the implementation of
revisions to and updates of flood insurance rate maps, the
Director shall share information, to the extent appropriate,
with the Under Secretary of Commerce for Oceans and
Atmosphere and representatives from State coastal zone
management programs.''.
SEC. 576. TECHNICAL MAPPING ADVISORY COUNCIL.
(a) Establishment.--There is established a council to be
known as the Technical Mapping Advisory Council (in this
section referred to as the ``Council'').
(b) Membership.--
(1) In general.--The Council shall consist of the Director
of the Federal Emergency Management Agency (in this section
referred to as the ``Director''), or the Director's designee,
and 10 additional members to be appointed by the Director or
the designee of the Director, who shall be--
(A) the Under Secretary of Commerce for Oceans and
Atmosphere (or his or her designee);
(B) a member of recognized surveying and mapping
professional associations and organizations;
[[Page 1484]]
(C) a member of recognized professional engineering
associations and organizations;
(D) a member of recognized professional associations or
organizations representing flood hazard determination firms;
(E) a representative of the United States Geologic Survey;
(F) a representative of State geologic survey programs;
(G) a representative of State national flood insurance
coordination offices;
(H) a representative of a regulated lending institution;
(I) a representative of the Federal Home Loan Mortgage
Corporation; and
(J) a representative of the Federal National Mortgage
Association.
(2) Qualifications.--Members of the Council shall be
appointed based on their demonstrated knowledge and
competence regarding surveying, cartography, remote sensing,
geographic information systems, or the technical aspects of
preparing and using flood insurance rate maps.
(c) Duties.--The Council shall--
(1) make recommendations to the Director on how to improve
in a cost-effective manner the accuracy, general quality,
ease of use, and distribution and dissemination of flood
insurance rate maps;
(2) recommend to the Director mapping standards and
guidelines for flood insurance rate maps; and
(3) submit an annual report to the Director that contains--
(A) a description of the activities of the Council;
(B) an evaluation of the status and performance of flood
insurance rate maps and mapping activities to revise and
update flood insurance rate maps, as established pursuant to
the amendment made by section 675; and
(C) a summary of recommendations made by the Council to the
Director.
(d) Chairperson.--The members of the Council shall elect 1
member to serve as the chairperson of the Council (in this
section referred to as the ``Chairperson'').
(e) Coordination.--To ensure that the Council's
recommendations are consistent to the maximum extent
practicable with national digital spatial data collection and
management standards, the Chairperson shall consult with the
Chairperson of the Federal Geographic Data Committee
(established pursuant to OMB Circular A-16).
(f) Compensation.--Members of the Council shall receive no
additional compensation by reason of their service on the
Council.
(g) Meetings and Actions.--
(1) In general.--The Council shall meet not less than twice
each year at the request of the Chairperson or a majority of
its members and may take action by a vote of the majority of
the members.
(2) Initial meeting.--The Director, or a person designated
by the Director, shall request and coordinate the initial
meeting of the Council.
(h) Officers.--The Chairperson may appoint officers to
assist in carrying out the duties of the Council under
subsection (c).
(i) Staff of FEMA.--Upon the request of the Chairperson,
the Director may detail, on a nonreimbursable basis,
personnel of the Federal Emergency Management Agency to
assist the Council in carrying out its duties.
(j) Powers.--In carrying out this section, the Council may
hold hearings, receive evidence and assistance, provide
information, and conduct research as it considers
appropriate.
(k) Termination.--The Council shall terminate 5 years after
the date on which all members of the Council have been
appointed under subsection (b)(1).
SEC. 577. EVALUATION OF EROSION HAZARDS.
(a) Report Requirement.--The Director of the Federal
Emergency Management Agency (in this section referred to as
the ``Director'') shall submit a report under this section to
the Congress that--
(1) lists all communities that are likely to be identified
as having erosion hazard areas;
(2) estimates the amount of flood insurance claims under
the national flood insurance program that are attributable to
erosion;
(3) states the amount of flood insurance claims under such
program that are attributable to claims under section 1306(c)
of the National Flood Insurance Act of 1968;
(4) assesses the full economic impact of erosion on the
National Flood Insurance Fund; and
(5) determines the costs and benefits of expenditures
necessary from the National Flood Insurance Fund to complete
mapping of erosion hazard areas.
(b) Estimate of Flood Claims.--In developing the estimate
under subsection (a)(2)--
(1) the Director may map a statistically valid and
representative number of communities with erosion hazard
areas throughout the United States, including coastal, Great
Lakes, and, if technologically feasible, riverine areas; and
(2) the Director shall take into consideration the efforts
of State and local governments to assess, measure, and reduce
erosion hazards.
(c) Economic Impact.--
(1) In general.--The assessment under subsection (a)(4)
shall assess the economic impact of--
(A) erosion on communities listed pursuant to subsection
(a)(1);
(B) the denial of flood insurance for all structures in
communities listed pursuant to subsection (a)(1);
(C) the denial of flood insurance for structures that are
newly constructed in whole in communities listed pursuant to
subsection (a)(1);
(D) the establishment of (i) actuarial rates for existing
structures in communities listed pursuant to subsection
(a)(1), and (ii) actuarial rates for such structures in
connection with the denial of flood insurance as described in
subparagraph (C);
(E) the establishment of actuarial rates for structures
newly constructed in whole in erosion hazard areas in
communities listed pursuant to subsection (a)(1);
(F) the denial of flood insurance pursuant to existing
requirements for coverage under the national flood insurance
program;
(G) erosion hazard assessment, measurement, and management
activities undertaken by State and local governments,
including building restrictions, beach nourishment,
construction of sea walls and levees, and other activities
that reduce the risk of damage due to erosion; and
(H) the mapping and identifying of communities (or
subdivisions thereof) having erosion hazard areas.
(2) Scope.--In assessing the economic impact of the
activities under subparagraphs (A) through (H) of paragraph
(1), the assessment under subsection (a)(4) shall address
such impact on all significant economic factors, including
the impact on--
(A) the value of residential and commercial properties in
communities with erosion hazards;
(B) community tax revenues due to potential changes in
property values or commercial activity;
(C) employment, including the potential loss or gain of
existing and new jobs in the community;
(D) existing businesses and future economic development;
(E) the estimated cost of Federal and State disaster
assistance to flood victims; and
(F) the mapping and identifying of communities (or
subdivisions thereof) having erosion hazard areas.
(3) Preparation.--The assessment required under subsection
(a)(4) shall be conducted by a private independent entity
selected by the Director. The private entity shall consult
with a statistically valid and representative number of
communities listed pursuant to subsection (a)(1) in
conducting the assessment.
(d) Costs and Benefits of Mapping.--The determination under
subsection (a)(5) shall--
(1) determine the costs and benefits of mapping erosion
hazard areas, based upon the Director's estimate of the
actual and prospective amount of flood insurance claims
attributable to erosion;
(2) if the Director determines that the savings to the
National Flood Insurance Fund will exceed the cost of mapping
erosion hazard areas, further assess whether using flood
insurance premiums for costs of mapping erosion hazard areas
is cost-beneficial compared to alternative uses of such
amounts, including--
(A) funding the mitigation assistance program under section
1366 of the National Flood Insurance Act of 1968 (as added by
section 553 of this Act);
(B) funding the program under section 1304(b) of the
National Flood Insurance Act of 1968 (as added by section
555(a) of this Act) that provides additional coverage under
the national flood insurance program for compliance with land
use and control measures; and
(C) reviewing, revising, and updating flood insurance rate
maps under subsections (e) and (f) of section 1360 of the
National Flood Insurance Act of 1968 (as added by the
amendment made by section 575 of this Act);
(3) if the Director determines under subsection (b)(1) that
mapping of riverine areas for erosion hazard areas is
technologically feasible, determine the costs and benefits of
conducting the mapping of erosion hazards in riverine areas
(A) separately from the mapping of other erosion hazard
areas, and (B) together with the mapping of other such areas;
(4) if the Director determines that the savings to the
National Flood Insurance Fund will exceed the cost of mapping
erosion hazard areas in riverine areas, assess whether using
flood insurance premiums for costs of mapping erosion hazard
areas in riverine areas is cost-beneficial compared to
alternative uses of such amounts, including the uses under
subparagraphs (A) through (C) of paragraph (2); and
(5) determine the costs and benefits of mapping erosion,
other than those directly related to the financial condition
of the National Flood Insurance Program, and the costs of not
mapping erosion.
(e) Definition.--For purposes of this section, the term
``erosion hazard area'' means, based on erosion rate
information and other historical data available, an area
where erosion or avulsion is likely to result in damage to or
loss of buildings and infrastructure within a 60-year period.
(f) Consultation.--In preparing the report under this
section, the Director shall consult with--
(1) representatives from State coastal zone management
programs approved under section 306 of the Coastal Zone
Management Act of 1972;
(2) the Administrator of the National Oceanic and
Atmospheric Administration; and
(3) any other persons, officials, or entities that the
Director considers appropriate.
(g) Submission.--The Director shall submit the report to
the Congress as soon as practicable, but not later than 2
years after the date of enactment of this Act.
(h) Availability of National Flood Insurance Fund.--Section
1310(a) of the National Flood Insurance Act of 1968 (42
U.S.C. 4017(a)) is amended--
[[Page 1485]]
(1) in the matter preceding paragraph (1), by inserting
``(except as otherwise provided in this section)'' after
``without fiscal year limitation''; and
(2) by inserting after paragraph (7) (as added by the
preceding provisions of this title) the following new
paragraph:
``(8) for costs of preparing the report under section 577
of the Riegle Community Development and Regulatory
Improvement Act of 1994, except that the fund shall be
available for the purpose under this paragraph in an amount
not to exceed an aggregate of $5,000,000 over the 2-year
period beginning on the date of enactment of the Riegle
Community Development and Regulatory Improvement Act of
1994.''.
SEC. 578. STUDY OF ECONOMIC EFFECTS OF CHARGING ACTUARIALLY
BASED PREMIUM RATES FOR PRE-FIRM STRUCTURES.
(a) Study.--The Director of the Federal Emergency
Management Agency (in this section referred to as the
``Director'') shall conduct a study of the economic effects
that would result from increasing premium rates for flood
insurance coverage made available under the national flood
insurance program for pre-FIRM structures to the full
actuarial risk based premium rate determined under section
1307(a)(1) of the National Flood Insurance Act of 1968 for
the area in which the property is located. In conducting the
study, the Director shall--
(1) determine each area that would be subject to such
increased premium rates; and
(2) for each such area, determine--
(A) the amount by which premium rates would be increased;
(B) the number and types of properties affected and the
number and types of properties covered by flood insurance
under this title likely to cancel such insurance if the rate
increases were made;
(C) the effects that the increased premium rates would have
on land values and property taxes; and
(D) any other effects that the increased premium rates
would have on the economy and homeowners.
(b) Definition of Pre-FIRM Structure.--For purposes of
subsection (a), the term ``pre-FIRM structure'' means a
structure that was not constructed or substantially improved
after the later of--
(1) December 31, 1974; or
(2) the effective date of the initial rate map published by
the Director under section 1360(a)(2) of the National Flood
Insurance Act of 1968 for the area in which such structure is
located.
(c) Report.--The Director shall submit a report to the
Congress describing and explaining the findings of the study
conducted under this section. The report shall be submitted
not later than 12 months after the date of enactment of this
Act.
SEC. 579. EFFECTIVE DATES OF POLICIES.
(a) 30-Day Delay.--Section 1306 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4013), as amended by the
preceding provisions of this title, is further amended by
adding at the end the following new subsection:
``(c) Effective Date of Policies.--
``(1) Waiting period.--Except as provided in paragraph (2),
coverage under a new contract for flood insurance coverage
under this title entered into after the date of enactment of
the Riegle Community Development and Regulatory Improvement
Act of 1994, and any modification to coverage under an
existing flood insurance contract made after such date, shall
become effective upon the expiration of the 30-day period
beginning on the date that all obligations for such coverage
(including completion of the application and payment of any
initial premiums owed) are satisfactorily completed.
``(2) Exception.--The provisions of paragraph (1) shall not
apply to--
``(A) the initial purchase of flood insurance coverage
under this title when the purchase of insurance is in
connection with the making, increasing, extension, or renewal
of a loan; or
``(B) the initial purchase of flood insurance coverage
pursuant to a revision or updating of floodplain areas or
flood-risk zones under section 1360(f), if such purchase
occurs during the 1-year period beginning upon publication of
notice of the revision or updating under section 1360(h).''.
(b) Study.--The Director of the Federal Emergency
Management Agency shall conduct a study to determine the
appropriateness of existing requirements regarding the
effective date and time of coverage under flood insurance
contracts obtained through the national flood insurance
program. In conducting the study, the Director shall
determine whether any delay between the time of purchase of
flood insurance coverage and the time of initial
effectiveness of the coverage should differ for various
classes of properties (based upon the type of property,
location of the property, or any other factors related to the
property) or for various circumstances under which such
insurance was purchased. Not later than the expiration of the
6-month period beginning on the date of enactment of this
Act, the Director shall submit to the Congress a report on
the results of the study.
SEC. 580. AGRICULTURAL STRUCTURES.
Section 1315(a) of the National Flood Insurance Act of 1968
(42 U.S.C. 4022(a)), as amended by the preceding provisions
of this title, is further amended by adding at the end the
following new paragraph:
``(2) Agricultural structures.--
``(A) Activity restrictions.--Notwithstanding any other
provision of law, the adequate land use and control measures
required to be adopted in an area (or subdivision thereof)
pursuant to paragraph (1) may provide, at the discretion of
the appropriate State or local authority, for the repair and
restoration to predamaged conditions of an agricultural
structure that--
``(i) is a repetitive loss structure; or
``(ii) has incurred flood-related damage to the extent that
the cost of restoring the structure to its predamaged
condition would equal or exceed 50 percent of the market
value of the structure before the damage occurred.
``(B) Premium rates and coverage.--To the extent
applicable, an agricultural structure repaired or restored
pursuant to subparagraph (A) shall pay chargeable premium
rates established under section 1308 at the estimated risk
premium rates under section 1307(a)(1). If resources are
available, the Director shall provide technical assistance
and counseling, upon request of the owner of the structure,
regarding wet flood-proofing and other flood damage reduction
measures for agricultural structures. The Director shall not
be required to make flood insurance coverage available for
such an agricultural structure unless the structure is wet
flood-proofed through permanent or contingent measures
applied to the structure or its contents that prevent or
provide resistance to damage from flooding by allowing flood
waters to pass through the structure, as determined by the
Director.
``(C) Prohibition on disaster relief.--Notwithstanding any
other provision of law, any agricultural structure repaired
or restored pursuant to subparagraph (A) shall not be
eligible for disaster relief assistance under any program
administered by the Director or any other Federal agency.
``(D) Definitions.--For purposes of this paragraph--
``(i) the term `agricultural structure' means any structure
used exclusively in connection with the production,
harvesting, storage, raising, or drying of agricultural
commodities; and
``(ii) the term `agricultural commodities' means
agricultural commodities and livestock.''.
SEC. 581. IMPLEMENTATION REVIEW BY DIRECTOR.
Section 1320 of the National Flood Insurance Act of 1968
(42 U.S.C. 4027) is amended--
(1) by striking ``The Director'' and inserting ``(a) In
General.--The Director''; and
(2) by adding at the end the following new subsection:
``(b) Effects of Flood Insurance Program.--The Director
shall include, as part of the biennial report submitted under
subsection (a), a chapter reporting on the effects on the
flood insurance program observed through implementation of
requirements under the Riegle Community Development and
Regulatory Improvement Act of 1994.''.
SEC. 582. PROHIBITED FLOOD DISASTER ASSISTANCE.
(a) General Prohibition.--Notwithstanding any other
provision of law, no Federal disaster relief assistance made
available in a flood disaster area may be used to make a
payment (including any loan assistance payment) to a person
for repair, replacement, or restoration for damage to any
personal, residential, or commercial property if that person
at any time has received flood disaster assistance that was
conditional on the person first having obtained flood
insurance under applicable Federal law and subsequently
having failed to obtain and maintain flood insurance as
required under applicable Federal law on such property.
(b) Transfer of Property.--
(1) Duty to notify.--In the event of the transfer of any
property described in paragraph (3), the transferor shall,
not later than the date on which such transfer occurs, notify
the transferee in writing of the requirements to--
(A) obtain flood insurance in accordance with applicable
Federal law with respect to such property, if the property is
not so insured as of the date on which the property is
transferred; and
(B) maintain flood insurance in accordance with applicable
Federal law with respect to such property.
Such written notification shall be contained in documents
evidencing the transfer of ownership of the property.
(2) Failure to notify.--If a transferor described in
paragraph (1) fails to make a notification in accordance with
such paragraph and, subsequent to the transfer of the
property--
(A) the transferee fails to obtain or maintain flood
insurance in accordance with applicable Federal law with
respect to the property,
(B) the property is damaged by a flood disaster, and
(C) Federal disaster relief assistance is provided for the
repair, replacement, or restoration of the property as a
result of such damage,
the transferor shall be required to reimburse the Federal
Government in an amount equal to the amount of the Federal
disaster relief assistance provided with respect to the
property.
(3) Property described.--For purposes of paragraph (1), a
property is described in this paragraph if it is personal,
commercial, or residential property for which Federal
disaster relief assistance made available in a flood disaster
area has been provided, prior to the date on which the
property is transferred, for repair, replacement, or
restoration of the property, if such assistance was
[[Page 1486]]
conditioned upon obtaining flood insurance in accordance with
applicable Federal law with respect to such property.
(c) Amendment to the Flood Disaster Protection Act of
1973.--Section 102(a) of the Flood Disaster Protection Act of
1973 (42 U.S.C. 4012a(a)) is amended--
(1) by striking ``, during the anticipated economic or
useful life of the project,''; and
(2) by adding at the end the following: ``The requirement
of maintaining flood insurance shall apply during the life of
the property, regardless of transfer of ownership of such
property.''.
(d) Definition.--For purposes of this section, the term
``flood disaster area'' means an area with respect to which--
(1) the Secretary of Agriculture finds, or has found, to
have been substantially affected by a natural disaster in the
United States pursuant to section 321(a) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1961(a)); or
(2) the President declares, or has declared, the existence
of a major disaster or emergency pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), as a result of flood conditions
existing in or affecting that area.
(e) Effective Date.--This section and the amendments made
by this section shall apply to disasters declared after the
date of enactment of this Act.
SEC. 583. REGULATIONS.
The Director of the Federal Emergency Management Agency and
any appropriate Federal agency may each issue any regulations
necessary to carry out the applicable provisions of this
title and the applicable amendments made by this title.
SEC. 584. RELATION TO STATE AND LOCAL LAWS.
This title and the amendments made by this title may not be
construed to preempt, annul, alter, amend, or exempt any
person from compliance with any law, ordinance, or regulation
of any State or local government with respect to land use,
management, or control.
TITLE VI--GENERAL PROVISIONS
SEC. 601. OVERSIGHT HEARINGS.
It is the sense of the Senate that--
(a) Congress has a constitutional obligation to conduct
oversight of matters relating to the operations of the
Government, including matters related to any governmental
investigations which may, from time to time, be undertaken.
(b) the Majority Leader and the Republican Leader should
meet and determine the appropriate timetable, procedures, and
forum for appropriate Congressional oversight, including
hearings on all matters related to ``Madison Guaranty Savings
and Loan Association (`MGS&L'), Whitewater Development
Corporation and Capital Management Services Inc. (`CMS').''.
(c) no witness called to testify at these hearings shall be
granted immunity under sections 6002 and 6005 of title 18,
United States Code, over the objection of Special Counsel
Robert B. Fiske, Jr.
(d) the hearings should be structured and sequenced in such
a manner that in the judgment of the Leaders they would not
interfere with the ongoing investigation of Special Counsel
Robert B. Fiske, Jr.
SEC. 602. TECHNICAL AMENDMENTS TO THE FEDERAL BANKING LAWS.
(a) Federal Deposit Insurance Act Amendments.--The Federal
Deposit Insurance Act (12 U.S.C. 1811 et seq.) is amended--
(1) in section 3--
(A) in subsection (i)(1), by striking ``(11)(h)'' and
inserting ``(11)(m)'';
(B) in subsection (l)(4), by striking ``bank's or'' and
inserting ``a bank's or a''; and
(C) in subsection (q)(2)(E), by striking ``Depository
Institutions Supervisory Act'' and inserting ``Financial
Institutions Supervisory Act of 1966''.
(2) in section 5(b)(5), by striking the semicolon at the
end and inserting a comma;
(3) in section 5(e)(4), by redesignating clauses (i) and
(ii) as subparagraphs (A) and (B) respectively, and indenting
appropriately;
(4) in section 7(a)(3), by striking ``Chairman of the''
before ``Director of the Office of Thrift Supervision'';
(5) in section 7(b)(3)(C), by striking the first period at
the end;
(6) in section 7(j)(2)(A), in the third sentence--
(A) by striking ``this section (j)(2)'' and inserting
``this paragraph''; and
(B) by striking ``this subsection (j)(2)'' and inserting
``this paragraph'';
(7) in section 7(j)(7)(A), by striking ``monoplize'' and
inserting ``monopolize'';
(8) in section 7(l)(7), by striking ``the ratio of the
value of'' and inserting ``the ratio of'';
(9) in section 7(m)(5)(A) by striking ``savings association
institution'' and inserting ``such institution'';
(10) in section 7(m)(7), by inserting ``the'' before
``Federal'';
(11) in section 8(a)(3), by striking ``subparagraph (B) of
this subsection'' and inserting ``paragraph (2)(B)'';
(12) in section 8(a)(7)--
(A) by inserting a comma after ``Board of Directors''; and
(B) by striking ``the period the period'' and inserting
``the period'';
(13) in section 8(b)(4), by striking ``subparagraph (3)''
and inserting ``paragraph (3)'';
(14) in section 8(c)(2), by striking ``injuction'' and
inserting ``injunction'';
(15) in section 8(g)(2), by striking ``depository
institution'' each place such term appears and inserting
``bank'';
(16) in section 8(o)--
(A) in the second sentence, by striking ``subsection (b)''
and inserting ``subsection (d)''; and
(B) by striking ``board of directors'' each place such term
appears and inserting ``Board of Directors'';
(17) in section 8(p), by striking ``banking'' each place
such term appears and inserting ``depository'';
(18) in section 8(r)(2), by striking ``therof'' and
inserting ``thereof'';
(19) in section 10(b)(1), by striking ``claim'' and
inserting ``claims'';
(20) in section 10(b)(2)(B), by adding ``and'' at the end;
(21) in the section heading for paragraph (4) of section
11(a), by striking ``Provisions'' and inserting
``provisions'';
(22) in section 11(d)(2)(B)(iii), by striking ``is'' and
inserting ``are'';
(23) in section 11(d)(8)(B)(ii), by inserting ``provide''
before ``a statement'';
(24) in section 11(d)(14)(B), by striking ``statute of
limitation'' and inserting ``statute of limitations'';
(25) in section 11(d)(16)(B)(iv), by striking
``dispositions'' and inserting ``disposition'';
(26) in section 11(e)(8)(D)(v)(I), by inserting a closing
parenthesis after ``1934'';
(27) in section 11(e)(12)(B), by striking ``directors or
officers'' and inserting ``directors' or officers' '';
(28) in section 11(f)(3)(A), by striking ``to'' in the
heading and inserting ``with'';
(29) in the second sentence of section 11(i)(3)(A), by
striking ``other claimant or category or claimants'' and
inserting ``other claimant or category of claimants'';
(30) in section 11(n)(4)(E)(i), by adding ``and'' at the
end;
(31) in section 11(n)(12)(A), by striking ``subparagraphs''
and inserting ``subparagraph'';
(32) in the second sentence of section 11(q)(1), by
striking ``decided'' and inserting ``held'';
(33) in section 11(u)(3)(B), by striking ``subsection
(c)(9)'' and inserting ``section 40(p)'';
(34) in section 13(c)(1)(B)--
(A) by striking ``a in default insured bank'' and inserting
``an insured bank in default''; and
(B) by striking ``such in default insured bank'' and
inserting ``such insured bank'';
(35) in section 13(c)(2)(A)--
(A) by striking ``with an insured institution'' and
inserting ``with another insured depository institution'';
and
(B) by striking ``by an insured institution'' and inserting
``by another insured depository institution'';
(36) in section 13(f)(2)(B)(i), by striking ``the in
default insured bank'' and inserting ``the insured bank in
default'';
(37) in section 13(f)(2)(B)(iii), by striking ``of of'' and
inserting ``of'';
(38) in section 13(f)(3), by striking ``closing'' in the
heading and inserting ``default'';
(39) in section 13(f)(6)(A), by striking ``bank that has in
default'' and inserting ``bank that is in default'';
(40) in section 13(f)(6)(B)(i), by striking the semicolon
at the end and inserting a period;
(41) in section 13(f)(7)--
(A) in subparagraph (A), by striking ``or'' at the end; and
(B) in subparagraph (B), by striking the period at the end
and inserting ``; or'';
(42) in section 13(f)(12)(A), by striking ``is less than''
and inserting ``are less than'';
(43) in section 15(c)(1), by striking ``obligations
liabilities'' in the heading and inserting ``obligations,
guarantees, and liabilities'';
(44) in section 18(b), by striking ``, if such bank shall
deposit'' and inserting ``if the insured depository
institution deposits'';
(45) in section 18(c)(1)(B), by inserting ``or'' at the
end;
(46) in section 18(c)(4), by striking ``other two banking
agencies'' each place such term appears and inserting ``other
Federal banking agencies'';
(47) in section 18(c)(6), by striking ``other two banking
agencies'' and inserting ``other Federal banking agencies'';
(48) in section 18(c)(9), by striking ``with the following
information:'' and inserting ``with--'';
(49) in section 18(f)--
(A) by striking ``such bank'' and inserting ``such insured
depository institution''; and
(B) by striking ``the bank'' and inserting ``the insured
depository institution'';
(50) in section 18(k)(4)(A)(ii)(II), by striking ``or'' at
the end;
(51) in section 20(a)(3), by inserting ``or'' at the end;
(52) in section 21(c), by striking ``the bank'' and
inserting ``the insured depository institution'';
(53) in section 21(d)(2), by striking ``the bank'' and
inserting ``the insured depository institution'';
(54) in section 21(e), by striking ``the bank'' and
inserting ``the insured depository institution'';
(55) in section 25(a), by striking ``the bank'' each place
it appears and inserting ``the insured depository
institution, insured branch, or bank'';
(56) in section 28(c)(2)(A)(i) by striking ``, or'' and
inserting ``; or'';
(57) in section 28(d)(4)(C), by striking ``subparagraphs''
and inserting ``subparagraph'';
(58) in section 28(e)(4), ``any other'' and inserting ``and
any other'';
(59) in section 30(e)(1)(A), by striking ``venders'' and
inserting ``the vendors'';
[[Page 1487]]
(60) in section 31(b)(1), by striking ``Board of
Directors'' and inserting ``board of directors'';
(61) in section 33(c)(1), by striking the comma at the end
and inserting a semicolon;
(62) in section 34(a)(1)(A)(iii)--
(A) by striking ``sections'' and inserting ``section''; and
(B) by striking ``and'' and inserting ``or'';
(63) in section 34(a)(2), by adding a period at the end;
(64) in section 38(f)(6), by striking ``Commission'' and
inserting ``Commission'';
(65) in section 40(c)(4)(A), by striking ``subsections
(p)(12)(B) and (C)'' and inserting ``subparagraphs (B) and
(C) of subsection (p)(12)''; and
(66) in section 40(d)(8)(A), by striking ``meeting'' and
inserting ``meeting the''.
(b) Federal Home Loan Bank Act.--Section 21A of the Federal
Home Loan Bank Act (12 U.S.C. 1441a) is amended--
(1) in subsection (a)(11), by striking ``a United States
District Court'' and inserting ``a United States district
court'';
(2) in subsection (b)(11)(B)(iii), by striking the comma
after ``chapter 5'';
(3) in subsection (b)(11)(E)(iv)(II), by striking
``knowledgable'' and inserting ``knowledgeable'';
(4) in subsection (b)(11)(G), by inserting ``Advisory
personnel.--'' before ``The Corporation shall'';
(5) in subsection (r)(4), by striking ``subsection.--'' and
inserting ``subsection, the following definitions shall
apply:'';
(6) in subsection (s)(2), by striking ``subsection--'' and
inserting ``subsection, the following definitions shall
apply:''; and
(7) in subsection (u)(5), by striking ``subsection--'' and
inserting ``subsection, the following definitions shall
apply:''.
(c) Resolution Trust Corporation Completion Act.--Section
21(a) of the Resolution Trust Corporation Completion Act (107
Stat. 2406) is amended--
(1) by striking ``33(a)'' and inserting ``33'';
(2) by striking ``1831j(a)'' and inserting ``1831j'';
(3) in paragraph (1), by striking ``paragraph (1)'' and
inserting ``subsection (a)(1)''; and
(4) in paragraph (2), by striking ``paragraph (2)'' and
inserting ``subsection (a)(2)''.
(d) Federal Reserve Act.--Section 7(a) of the Federal
Reserve Act (12 U.S.C. 289) is amended--
(1) in paragraph (1)(B), by inserting ``(A)'' after
``subparagraph''; and
(2) in paragraph (2), by striking ``subparagraph (A)'' and
inserting ``paragraph (1)(A)''.
(e) Repeal of Provisions in the Revised Statutes.--The
following sections of the Revised Statutes are hereby
repealed:
(1) Section 5170 (12 U.S.C. 28).
(2) Section 5203 (12 U.S.C. 87).
(3) Section 5206 (12 U.S.C. 88).
(4) Section 5196 (12 U.S.C. 89).
(5) Section 5158 (12 U.S.C. 102).
(6) Section 5159 (12 U.S.C. 101a).
(7) Section 5172 (12 U.S.C. 104).
(8) Section 5173 (12 U.S.C. 107).
(9) Section 5174 (12 U.S.C. 108).
(10) Section 5182 (12 U.S.C. 109).
(11) Section 5183 (12 U.S.C. 110).
(12) Section 5195 (12 U.S.C. 123).
(13) Section 5184 (12 U.S.C. 124).
(14) Section 5226 (12 U.S.C. 131).
(15) Section 5227 (12 U.S.C. 132).
(16) Section 5228 (12 U.S.C. 133).
(17) Section 5229 (12 U.S.C. 134).
(18) Section 5230 (12 U.S.C. 137).
(19) Section 5231 (12 U.S.C. 138).
(20) Section 5232 (12 U.S.C. 135).
(21) Section 5233 (12 U.S.C. 136).
(22) Section 5185 (12 U.S.C. 151).
(23) Section 5186 (12 U.S.C. 152).
(24) Section 5160 (12 U.S.C. 168).
(25) Section 5161 (12 U.S.C. 169).
(26) Section 5162 (12 U.S.C. 170).
(27) Section 5163 (12 U.S.C. 171).
(28) Section 5164 (12 U.S.C. 172).
(29) Section 5165 (12 U.S.C. 173).
(30) Section 5166 (12 U.S.C. 174).
(31) Section 5167 (12 U.S.C. 175).
(32) Section 5222 (12 U.S.C. 183).
(33) Section 5223 (12 U.S.C. 184).
(34) Section 5224 (12 U.S.C. 185).
(35) Section 5225 (12 U.S.C. 186).
(36) Section 5237 (12 U.S.C. 195).
(f) Repeal of Other Obsolete Provisions in Banking Laws.--
The following provisions of law are hereby repealed:
(1) Section 26 of the Federal Deposit Insurance Act (12
U.S.C. 1831c).
(2) Section 12 of the Act entitled ``An Act To define and
fix the standard of value, to maintain the parity of all
forms of money issued or coined by the United States, to
refund the public debt, and for other purposes.'' and
approved March 14, 1900 (12 U.S.C. 101).
(3) Section 3 of the Act entitled ``An Act To amend the
laws relating to the denominations of circulating notes by
national banks and to permit the issuance of notes of small
denominations, and for other purposes.'' and approved October
5, 1917 (12 U.S.C. 103).
(4) The following sections of the Act entitled ``An Act
fixing the amount of United States notes, providing for a
redistribution of the national-bank currency, and for other
purposes.'' and approved June 20, 1874:
(A) Section 5 (12 U.S.C. 105).
(B) Section 3 (12 U.S.C. 121).
(C) Section 8 (12 U.S.C. 126).
(D) Section 4 (12 U.S.C. 176).
(5) The following sections of the Act entitled ``An Act to
enable national-banking associations to extend their
corporate existence, and for other purposes.'' and approved
July 12, 1882:
(A) Section 8 (12 U.S.C. 177).
(B) Section 9 (12 U.S.C. 178).
(6) The Act entitled ``An Act to amend the national bank
act in providing for the redemption of national bank notes
stolen from or lost by banks of issue.'' and approved July
28, 1892 (12 U.S.C. 125).
(7) The Act entitled ``An Act authorizing the conversion of
national gold banks.'' and approved February 14, 1880 (12
U.S.C. 153).
(g) Amendments to Other Laws.--
(1) The 8th paragraph of the 4th undesignated paragraph of
section 4 of the Federal Reserve Act (12 U.S.C. 341) is
amended by striking ``Comptroller of the Currency'' and
inserting ``Secretary of the Treasury''.
(2) Section 11(d) of the Federal Reserve Act (12 U.S.C.
248(d)) is amended--
(A) by striking ``bureau under the charge of the
Comptroller of the Currency'' and inserting ``Secretary of
the Treasury''; and
(B) by striking ``Comptroller'' and inserting ``Secretary
of the Treasury''.
(3) The 1st sentence of the 8th undesignated paragraph of
section 16 of the Federal Reserve Act (12 U.S.C. 418) is
amended by striking ``the Comptroller of the Currency shall
under the direction of the Secretary of the Treasury,'' and
inserting ``the Secretary of the Treasury shall''.
(4) The 9th undesignated paragraph of section 16 of the
Federal Reserve Act (12 U.S.C. 419) is amended to read as
follows:
``When such notes have been prepared, the notes shall be
delivered to the Board of Governors of the Federal Reserve
System subject to the order of the Secretary of the Treasury
for the delivery of such notes in accordance with this
Act.''.
(5) The 10th undesignated paragraph of section 16 of the
Federal Reserve Act (12 U.S.C. 420) is amended--
(A) by striking ``Comptroller of the Currency'' and
inserting ``Secretary of the Treasury''; and
(B) by striking ``Federal Reserve Board'' and inserting
``Board of Governors of the Federal Reserve System''.
(6) The 11th undesignated paragraph of section 16 of the
Federal Reserve Act (12 U.S.C. 421) is amended to read as
follows:
``The Secretary of the Treasury may examine the plates,
dies, bed pieces, and other material used in the printing of
Federal Reserve notes and issue regulations relating to such
examinations.''.
(7) The 6th undesignated paragraph of section 18 of the
Federal Reserve Act (38 Stat. 269) is amended--
(A) by striking ``Comptroller of the Currency'' each place
it appears and inserting ``Secretary of the Treasury''; and
(B) in the 7th sentence, by striking ``Comptroller'' and
inserting ``Secretary of the Treasury''.
(8) The Act entitled ``An Act to provide for the redemption
of national-bank notes, Federal Reserve bank notes, and
Federal Reserve notes which cannot be identified as to the
bank of issue.'' and approved June 13, 1933, is amended--
(A) in the 1st section (12 U.S.C. 121a)--
(i) by striking ``whenever any national-bank notes, Federal
Reserve bank notes,'' and inserting ``whenever any Federal
Reserve bank notes''; and
(ii) by striking ``, and the notes, other than Federal
Reserve notes, so redeemed shall be forwarded to the
Comptroller of the Currency for cancellation and
destruction''; and
(B) in section 2 (12 U.S.C. 122a)--
(i) by striking ``National-bank notes and''; and
(ii) by striking ``national-bank notes and''.
(9) The 1st section of the Act entitled ``An Act making
appropriations for sundry civil expenses of the Government
for the fiscal year ending June thirtieth, eighteen hundred
and seventy-six, and for other purposes.'' and approved March
3, 1875, is amended in the 1st paragraph which appears under
the heading ``national currency'' by striking ``Secretary of
the Treasury: Provided, That'' and all that follows through
the period and inserting ``Secretary of the Treasury.''.
(10) The Act entitled ``An Act to simplify the accounts of
the Treasurer of the United States, and for other purposes.''
and approved October 10, 1940 (12 U.S.C. 177a) is amended by
striking all after the enacting clause and inserting the
following: ``That the cost of transporting and redeeming
outstanding national bank notes and Federal Reserve bank
notes as may be presented to the Treasurer of the United
States for redemption shall be paid from the regular annual
appropriation for the Department of the Treasury.''.
(11) Section 5234 of the Revised Statutes (12 U.S.C. 192)
is amended by striking ``has refused to pay its circulating
notes as therein mentioned, and''.
(12) Section 5236 of the Revised Statutes (12 U.S.C. 194)
is amended by striking ``, after full provision has been
first made for refunding to the United States any deficiency
in redeeming the notes of such association''.
(13) Section 5238 of the Revised Statutes (12 U.S.C. 196)
is amended by striking the 1st sentence.
(14) Section 5119(b)(2) of title 31, United States Code, is
amended by adding at the end the following: ``The Secretary
shall not be required to reissue United States currency notes
upon redemption.''.
(h) Amendments to Outdated Dividend Provisions.--
(1) Withdrawal of capital.--Section 5204 of the Revised
Statutes (12 U.S.C. 56) is amended--
(A) in the 2d sentence, by striking ``net profits then on
hand, deducting therefrom its losses and bad debts'' and
inserting ``undi-
[[Page 1488]]
vided profits, subject to other applicable provisions of
law''; and
(B) by striking the 3d sentence.
(2) Declaration of dividends.--Section 5199 of the Revised
Statutes (12 U.S.C. 60) is amended--
(A) in the 1st sentence, by striking ``net profits of the
association'' and inserting ``undivided profits of the
association, subject to the limitations in subsection (b),'';
(B) by striking ``net profits'' each subsequent place such
term appears and inserting ``net income''; and
(C) by striking subsection (c).
(i) Clerical Amendments.--
(1) The table of sections for chapter 1 of title LXII of
the Revised Statutes of the United States is amended--
(A) by inserting after the item relating to section 5156
the following new item:
``5156A. Mergers, consolidations, and other acquisitions authorized.'';
and
(B) by striking the items relating to sections 5141 and
5151.
(2) The table of sections for chapter 2 of title LXII of
the Revised Statutes of the United States is amended by
striking the item relating to each of the following sections:
(A) Section 5158.
(B) Section 5159.
(C) Section 5160.
(D) Section 5161.
(E) Section 5162.
(F) Section 5163.
(G) Section 5164.
(H) Section 5165.
(I) Section 5166.
(J) Section 5167.
(K) Section 5170.
(L) Section 5171.
(M) Section 5172.
(N) Section 5173.
(O) Section 5174.
(P) Section 5175.
(Q) Section 5176.
(R) Section 5177.
(S) Section 5178.
(T) Section 5179.
(U) Section 5180.
(V) Section 5181.
(W) Section 5182.
(X) Section 5183.
(Y) Section 5184.
(Z) Section 5185.
(AA) Section 5186.
(BB) Section 5187.
(CC) Section 5188.
(DD) Section 5189.
(3) The table of sections for chapter 3 of title LXII of
the Revised Statutes of the United States is amended by
striking the item relating to each of the following sections:
(A) Section 5193.
(B) Section 5194.
(C) Section 5195.
(D) Section 5196.
(E) Section 5202.
(F) Section 5203.
(G) Section 5206.
(H) Section 5209.
(I) Section 5212.
(4) The table of sections for chapter 4 of title LXII of
the Revised Statutes of the United States is amended--
(A) by inserting after the item relating to section 5239
the following new item:
``5239A. Regulatory authority.'';
and
(B) by striking the items relating to the following
sections:
(i) Section 5222.
(ii) Section 5223.
(iii) Section 5224.
(iv) Section 5225.
(v) Section 5226.
(vi) Section 5227.
(vii) Section 5228.
(viii) Section 5229.
(ix) Section 5230.
(x) Section 5231.
(xi) Section 5232.
(xii) Section 5233.
(xiii) Section 5237.
(xiv) Section 5243.
And the Senate agree to the same.
From the Committee on Banking, Finance and Urban Affairs, for
consideration of the House bill, and the Senate amendment
(except titles II and V), and modifications committed to
conference:
Henry Gonzalez,
Steve Neal,
John J. LaFalce,
Bruce F. Vento,
Charles Schumer,
Barney Frank,
Paul E. Kanjorski,
Joe Kennedy,
Floyd H. Flake,
Kweisi Mfume,
Larry LaRocco,
William Orton,
Jim Bacchus,
James Leach,
Bill McCollum,
Marge Roukema,
Doug Bereuter,
Tom Ridge,
Toby Roth,
Al McCandless,
R.H. Baker,
Jim Nussle,
Provided, that for consideration of section 348(b) of the
Senate amendment, Mr. Klein is appointed in lieu of Mr.
LaFalce.
Herb Klein,
Provided, that for consideration of title VI of the Senate
amendment, Mr. Lazio is appointed in lieu of Mr. Ridge.
Rick Lazio,
From the Committee on Banking, Finance and Urban Affairs, for
consideration of title II of the Senate amendment and
modifications committed to conference:
Henry Gonzalez,
Steve Neal,
John J. LaFalce,
Bruce F. Vento,
Charles Schumer,
Barney Frank,
Paul E. Kanjorski,
Joe Kennedy,
Floyd H. Flake,
Kweisi Mfume,
William Orton,
Herb Klein,
Nydia M. Velazquez,
Jim Leach,
Bill McCollum,
Marge Roukema,
Doug Bereuter,
Tom Ridge,
Toby Roth,
Al McCandless,
R.H. Baker,
Jim Nussle,
From the Committee on Banking, Finance and Urban Affairs, for
consideration of title V of the Senate amendment, and
modifications committed to conference:
Henry Gonzalez,
Steve Neal,
John J. LaFalce,
Charles Schumer,
Barney Frank,
Jim Leach,
Doug Bereuter,
Bill McCollum,
As additional conferees from the Committee on Education and
Labor, for consideration of section 209 of the Senate
amendment, and modifications committed to conference:
William D. Ford,
Pat Williams,
William L. Clay,
Dale E. Kildee,
George Miller,
Bill Goodling,
Marge Roukema,
Harris W. Fawell,
As additional conferees from the Committee on Energy and
Commerce, for consideration of sections 201-05, 207, 320 and
347 of the Senate amendment, and modifications committed to
conference:
John D. Dingell,
Edward Markey,
Phil Sharp,
Al Swift,
Cardiss Collins,
Rick Boucher,
Thomas J. Manton,
Richard H. Lehman,
Lynn Schenk,
Marjorie Margolies-Mezvinsky,
Mike Synar,
Ron Wyden
Bill Richardson,
John Bryant,
Carlos J. Moorhead,
Jack Fields,
Tom Bliley,
As additional conferees from the Committee on Energy and
Commerce for consideration of sections 503-05, 507 and 706 of
the Senate amendment, and modifications committed to
conference:
John D. Dingell,
Edward Markey,
Cardiss Collins,
E. Towns,
Richard H. Lehman,
Carlos J. Moorhead,
As additional conferees from the Committee on Foreign
Affairs, for consideration of section 703 of the Senate
amendment, and modifications committed to conference:
Lee H. Hamilton,
Sam Gejdenson,
As additional conferees from the Committee on the Judiciary,
for consideration of section 139 of the House bill, and
sections 325, 408 and 409 of the Senate amendment, and
modifications committed to conference:
Charles E. Schumer,
Don Edwards,
John Conyers, Jr.
Bill Hughes,
As additional conferees from the Committee on Small Business,
for consideration of section 348(b) of the Senate amendment,
and modifications committed to conference:
John J. LaFalce,
Neal Smith,
Jan Meyers,
As additional conferees from the Committee on Ways and Means,
for consideration of sections 210 and 502-04 of the Senate
amendment, and modifications committed to conference:
Dan Rostenkowski,
Sam Gibbons,
J.J. Pickle,
C.B. Rangel,
Pete Stark,
Bill Archer,
Phil Crane,
Bill Thomas,
Managers on the Part of the House.
Don Riegle,
Paul Sarbanes,
Christopher Dodd,
From the Committee on Finance, for matters solely within the
Finance Committee's jurisdiction, including sections 209,
210, and 408 of the Senate amendment:
Daniel Moynihan,
Max Baucus,
Managers on the Part of the Senate.
When said conference report was considered.
[[Page 1489]]
After debate,
On motion of Mr. NEAL of North Carolina, the previous question was
ordered on the conference report to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. BILBRAY, announced that the yeas had it.
Mr. MFUME objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
410
Nays
12
When there appeared
<3-line {>
Answered present
2
Para. 90.8 [Roll No. 375]
YEAS--410
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Ros-Lehtinen
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--12
Archer
Armey
Crane
Gekas
Hancock
Johnson, Sam
Rangel
Rohrabacher
Royce
Solomon
Stump
Taylor (MS)
ANSWERED ``PRESENT''--2
Brooks
Hyde
NOT VOTING--10
Clement
Collins (IL)
Cox
DeFazio
Ford (TN)
Laughlin
Rose
Sundquist
Washington
Wilson
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 90.9 permission to file conference report
On motion of Mr. BEVILL, by unanimous consent, the managers on the
part of the House were granted permission until midnight tonight to file
a conference report (Rept. No. 103-1672) on the bill (H.R. 4506) making
appropriations for energy and water development for the fiscal year
ending September 30, 1995, and for other purposes; together with a
statement thereon, for printing in the Record under the rule.
Para. 90.10 public works projects
The SPEAKER pro tempore, Mr. SWIFT, laid before the House a
communication, which was read as follows:
House of Representatives,
Washington, DC, July 28, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: Pursuant to the provisions of the Public
Buildings Act of 1959, I am transmitting herewith the
resolutions (originals plus one copy) approved today by the
Committee on Public Works and Transportation.
Sincerely yours,
Norman Y. Mineta,
Chair, Committee on
Public Works and Transportation.
Enclosures.
committee resolution
Resolved by the Committee on Public Works and
Transportation of the U.S. House of Representatives, that
pursuant to section 11(b) of the Public Buildings Act of
1959, (40 U.S.C. 610), the Administrator of General Services
shall investigate the feasibility and need for acquiring or
constructing a federal building in Columbia, South Carolina,
and submit a report to Congress within 60 days.
committee resolution
Resolved by the Committee on Public Works and
Transportation of the U.S. House of Representatives, that
pursuant to section 11(b) of the Public Buildings Act of
1959, (40 U.S.C. 610), the Administrator of General Services
shall investigate the feasibility for a federal geo-science
building to be located at the University of Hawaii (UH),
Hilo, Hawaii, and submit a report to Congress within 90 days.
committee resolution
Resolved by the Committee on Public Works and
Transportation of the U.S. House of Representatives, that
pursuant to section 11(b) of the Public Buildings Act of
1959, (40 U.S.C. 610), the Administrator of General Services
shall investigate the feasibility and need for acquiring or
constructing a federal building in Corpus Christi, Texas, and
submit a report to Congress within 60 days.
The communication, together with the accompanying papers, was referred
to the Committee on Appropriations.
Para. 90.11 waiving points of order against the conference report on
h.r. 4426
Mr. HALL of Ohio, by direction of the Committee on Rules, called up
the following resolution (H. Res. 504):
Resolved, That all points of order against the conference
report to accompany the bill (H.R. 4426) making
appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30,
1995, and against its consideration are waived.
When said resolution was considered.
After debate,
On motion of Mr. HALL of Ohio, the previous question was ordered on
the resolution, to its adoption or rejection
[[Page 1490]]
and under the operation thereof, the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 90.12 foreign aid appropriations
Mr. OBEY, pursuant to House Resolution 504, called up the following
conference report (Rept. No. 103-633):
The Committee of Conference on the disagreeing votes of the
two Houses on the amendments of the Senate to the bill (H.R.
4426) ``making appropriations for the Foreign Operations,
Export Financing, and Related Programs for the fiscal year
ending September 30, 1995,'' having met, after full and free
conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the Senate recede from its amendments numbered 3, 13,
14, 15, 16, 17, 23, 29, 30, 34, 46, 47, 51, 53, 71, 84, 110,
111, 113, 114, 115, 116, 117, 125, 135, 136, 137, 141, 144,
145, 146, 147, 148, 150, 151, 152, 153, 154, 155, 156, 157,
159, 160, 162, and 164.
That the House recede from its disagreement to the
amendments of the Senate numbered 1, 4, 5, 6, 7, 10, 20, 21,
22, 26, 27, 28, 31, 32, 35, 37, 38, 39, 56, 57, 59, 61, 62,
64, 66, 67, 68, 70, 72, 73, 74, 75, 76, 77, 78, 79, 80, 83,
85, 87, 88, 89, 90, 92, 93, 95, 96, 97, 98, 99, 100, 101,
103, 104, 105, 106, 107, 108, 112, 119, 120, 122, 123, 124,
126, 127, 128, 130, 131, 132, 133, an agree to the same.
Amendment numbered 2:
That the House recede from its disagreement to the
amendment of the Senate numbered 2, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$90,000,000; and the Senate agree to the same.
Amendment numbered 8:
That the House recede from its disagreement to the
amendment of the Senate numbered 8, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$374,000,000; and the Senate agree to the same.
Amendment numbered 9:
That the House recede from its disagreement to the
amendment of the Senate numbered 9, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$50,000,000; and the Senate agree to the same.
Amendment numbered 11:
That the House recede from its disagreement to the
amendment of the Senate numbered 11, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$853,000,000; and the Senate agree to the same.
Amendment numbered 12:
That the House recede from its disagreement to the
amendment of the Senate numbered 12, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert: :
Provided, That of the funds appropriated under this title
under the heading ``Agency for International Development'',
(1) not less than $280,000,000 should be made available for
activities which have as their objective the reduction of
childhood mortality, including such activities as
immunization programs, oral rehydration programs, and
education programs which address improved nutrition, and
water and sanitation programs, (2) not less than $135,000,000
should be made available for basic education programs; and
(3) not less than $25,000,000 should be made available for
micronutrient programs; and the Senate agree to the same.
Amendment numbered 18:
That the House recede from its disagreement to the
amendment of the Senate numbered 18, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert: :
Provided further, That for purposes of this or any other Act
authorizing or appropriating funds for foreign operations,
export financing, and related programs, the term
``motivate,'' as it relates to family planning assistance,
shall not be construed to prohibit the provision, consistent
with local law, of information or counseling about all
pregnancy options including abortion; and the Senate agree to
the same.
Amendment numbered 19:
That the House recede from its disagreement to the
amendment of the Senate numbered 19, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert: :
Provided further, That of the funds appropriated under this
heading, not less than the amount equal to the amount made
available for the Office of Population of the Agency for
International Development in fiscal year 1994 shall be made
available to that office: Provided further, That the
Administrator of the Agency for International Development may
decrease that amount only if he consults with and provides a
written justification to the Committees on Appropriations:
Provided further, That such justification shall be considered
in accordance with the regular notification procedures of the
Committee on Appropriations; and the Senate agree to the
same.
Amendment numbered 24:
That the House recede from its disagreement to the
amendment of the Senate numbered 24, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended to
read as follows: : Provided, That of this amount not more
than $1,475,000 may be made available to pay for printing
costs: Provided further, That none of the funds appropriated
by this Act for programs administered by the Agency for
International Development may be used to finance printing
costs of any report or study (except feasibility, design, or
evaluation reports or studies) in excess of $25,000 without
the approval of the Administrator of that Agency or the
Administrator's designee; and the Senate agree to the same.
Amendment numbered 25:
That the House recede from its disagreement to the
amendment of the Senate numbered 25, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$2,349,000,000; and the Senate agree to the same.
Amendment numbered 33:
That the House recede from its disagreement to the
amendment of the Senate numbered 33, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$850,000,000; and the Senate agree to the same.
Amendment numbered 36:
That the House recede from its disagreement to the
amendment of the Senate numbered 36, and agree to the same
with an amendment, as follows:
Delete the matter stricken and delete the matter proposed;
and the Senate agreed to the same.
Amendment numbered 40:
That the House recede from its disagreement to the
amendment of the Senate numbered 40, and agree to the same
with amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
(i) Of the funds appropriated under this heading, no less
than $15,000,000 should be available only for a family
planning program for the new independent states of the former
Soviet Union comparable to the family planning program
currently administered by the Agency for International
Development in the Central Asian Republics and focusing on
population assistance which provides an alternative to
abortion.
And the Senate agree to the same.
Amendment numbered 41:
That the House recede from its disagreement to the
amendment of the Senate numbered 41, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
(k) Of the funds appropriated under this heading, not less
than $150,000,000 should be made available for programs for
Ukraine: Provided, That of these funds not less than
$25,000,000 should be made available for land privatization
activities and development of small and medium size
businesses, including agriculture enterprises.
And the Senate agree to the same.
Amendment numbered 42:
That the House recede from its disagreement to the
amendment of the Senate numbered 42, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
(l) Of the funds made available by this or any other Act,
not less than $75,000,000 should be made available for
programs and activities for Armenia.
And the Senate agreed to the same.
Amendment numbered 43:
That the House recede from its disagreement to the
amendment of the Senate numbered 43, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
(m) Of the funds made available by this or any other Act,
not less than $50,000,000 should be made available for
programs and activities for Georgia.
And the Senate agreed to the same.
Amendment numbered 44:
That the House recede from its disagreement to the
amendment of the Senate numbered 44, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
(n) The President should establish a Trans-Caucasus
Enterprise Fund.
And the Senate agree to the same.
Amendment numbered 45:
That the House recede from its disagreement to the
amendment of the Senate numbered 45, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
(o) The report required by subsection (d) under the heading
``Assistance for the New Independent States of the Former
Soviet Union'', contained in Public Law 102-391, shall be
updated at least annually and shall also contain a listing of
all grants and contracts issued from funds appropriated
annually for the new independent states of the former Soviet
Union, to include for each grant and contract (1) a
description of its purpose, (2) its amount, and (3) the
country where the grant or contract funds are to be expended.
And the Senate agree to the same.
Amendment numbered 48:
That the House recede from its disagreement to the
amendment of the Senate numbered 48, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
(p) Not less than $50,000,000 of the funds appropriated
under this heading should be made
[[Page 1491]]
available for programs and activities which match United
States private sector resources with Federal funds.
And the Senate agree to the same.
Amendment numbered 49
That the House recede from its disagreement to the
amendment of the Senate numbered 49, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
(q) Within sixty days of enactment of this Act, the
Administrator of the Agency for International Development
shall report to the Committees on Appropriations on steps
being taken to include individuals and organizations with
language or regional expertise in the provision of assistance
to the new independent states of the former Soviet Union.
And the Senate agree to the same.
Amendment numbered 50:
That the House recede from its disagreement to the
amendment of the Senate numbered 50, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
(r) Of the funds appropriated under this heading and under
the heading ``Assistance for Eastern Europe and the Baltic
States'', not to exceed $30,000,000 shall be made available
for police training and exchanges, and investigative and
technical assistance activities related to international
criminal activities.
And the Senate agree to the same.
Amendment numbered 52:
That the House recede from its disagreement to the
amendment of the Senate numbered 52, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
(s) Of the funds appropriated under this heading, not less
than 50 percent should be made available for country specific
activities within bilateral, regional, or multilateral
programs, except as provided through the regular notification
procedures of the Committees on Appropriations.
And the Senate agree to the same.
Amendment numbered 54:
That the House recede from its disagreement to the
amendment of the Senate numbered 54, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$105,000,000; and the Senate agree to the same.
Amendment numbered 55:
That the House recede from its disagreement to the
amendment of the Senate numbered 55, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
Provided, That during fiscal year 1995, the Department of
State may also use the authority of section 608 of the
Foreign Assistance Act of 1961, without regard to its
restrictions, to receive non-lethal excess property from an
agency of the United States Government for the purpose of
providing it to a foreign country under chapter 8 of part I
of that Act subject to the regular notification procedures of
the Committees on Appropriations; and the Senate agree to the
same.
Amendment numbered 58:
That the House recede from its disagreement to the
amendment of the Senate numbered 58, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended as
follows:
In lieu of ``$12,000,000'' named in said amendment, insert:
$6,000,000; and the Senate agree to the same.
Amendment numbered 60:
That the House recede from its disagreement to the
amendment of the Senate numbered 60, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment and retain
the matter inserted by said amendment; and the Senate agree
to the same.
Amendment numbered 63:
That the House recede from its disagreement to the
amendment of the Senate numbered 63, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
Provided further, That none of the funds appropriated under
this heading or under the heading ``Military-to-Military
Contact Program'' may be made available for Thailand or
Algeria except through the regular notification procedures of
the Committees on Appropriations: Provided further, That the
Secretary of State shall submit, by February 1, 1995, a
report to the Committees on Appropriations on the Thai
military's support for the Khmer Rouge and the Thai
Government's efforts to impede support for Burmese democracy
advocates, exiles, and refugees; and the Senate agree to the
same.
Amendment numbered 65:
That the House recede from its disagreement to the
amendment of the Senate numbered 65, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert: Provided, That funds appropriated under
this heading may be made available only for activities in the
area of responsibility of the United States Pacific Command
and; and on page 23, line 18 of the House engrossed bill,
H.R. 4426, strike ``be made available only''.
And the Senate agree to the same.
Amendment numbered 69:
That the House recede from its disagreement to the
amendment of the Senate numbered 69, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert: Provided further, That 10 percent of the
principal amount of direct loans for Turkey shall be withheld
until the Secretary of State, in consultation with the
Secretary of Defense, has submitted to the Committees on
Appropriations a report addressing, among other things, the
allegations of abuses against civilians by the Turkish armed
forces and the situation in Cyprus, and a separate
notification has been submitted at least 15 days prior to the
obligation of such funds; Provided further, That 10 percent
of the principal amount of direct loans for Greece shall be
withheld until the Secretary of State has submitted to the
Committees on Appropriations a report on the allegations of
Greek violations of the United Nations sanctions against
Serbia and of the United Nations Charter, and a separate
notification has been submitted at least 15 days prior to the
obligation of such funds; and the Senate agree to the same.
Amendment numbered 81:
That the House recede from its disagreement to the
amendment of the Senate numbered 81, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
noncredit account
The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as
provided by 31 U.S.C. 9104, such expenditures and commitments
within the limits of funds available to it and in accordance
with law as may be necessary: Provided, That the amount
available for administrative expenses to carry out the credit
and insurance programs (including an amount for official
reception and representation expenses which shall not exceed
$35,000) shall not exceed $24,322,000: Provided further, That
project-specific transaction costs, including direct and
indirect costs incurred in claims settlements, and other
direct costs associated with services provided to specific
investors or potential investors pursuant to section 234 of
the Foreign Assistance Act of 1961, shall not be considered
administrative expenses for the purposes of this heading.
program account
For the cost of direct and guaranteed loans, $33,944,000,
as authorized by section 234 of the Foreign Assistance Act of
1961, to be derived by transfer from the Overseas Private
Investment Corporation Noncredit Account: Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That such sums shall be available for
direct loan obligations and loan guaranty commitments
incurred or made during fiscal years 1995 and 1996: Provided
further, That such sums shall remain available through fiscal
year 2003 for the disbursement of direct and guaranteed loans
obligated in fiscal year 1995, and through fiscal year 2004
for the disbursement of direct and guaranteed loans obligated
in fiscal year 1996. In addition, such sums as may be
necessary for administrative expenses to carry out the credit
program may be derived from amounts available for
administrative expenses to carry out the credit and insurance
programs in the Overseas Private Investment Corporation
Noncredit Account and merged with said account.
And on page 31, line 2, of the House engrossed bill, H.R.
4426, delete ``program account''; and the Senate agree to the
same.
Amendment numbered 82:
That the House recede from its disagreement to the
amendment of the Senate numbered 82, and agree to the same
with an amendment, as follows:
Restore the matter stricken, amended to read as follows:
North Korea,; and the Senate agree to the same.
Amendment numbered 86:
That the House recede from its disagreement to the
amendment of the Senate numbered 86, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
or personnel level, with regard to individuals detailed or
assigned to the Agency for International Development prior to
October 1, 1994, established pursuant to any provision of law
or regulation; and the Senate agree to the same.
Amendment numbered 91:
That the House recede from its disagreement to the
amendment of the Senate numbered 91, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert: .
(b) Section 13 of the Department of State Appropriations
Authorization Act of 1973 is repealed.
(c) The Secretary of the Treasury may, to fulfill
commitments of the United States, (1) subscribe to and make
payment for shares of the Inter-American Development Bank,
make contributions to the Fund for Special Operations of that
Bank, and vote for resolutions (including amendments to that
Bank's constitutive agreement), all in connection with the
eighth general, increased in resources of that Bank; and (2)
contribute to the Restructured Global Environment Facility
under its Instrument, to the African Development Fund in
connection with the seventh general replenishment of its
resources, and to the Interest Subsidy Account of the
successor to the Enhanced Structural Adjustment Facility of
the International Monetary Fund. The amount authorized to be
appropriated for payment for paid-in shares of the Inter-
American Development Bank is limited to $76,832,001, the
amount authorized to be appropriated for payment for callable
shares of the Inter-American Development Bank is limited to
$4,511,156,729, and the amount authorized to be appropriated
for payment of the contribution to the Interest Subsidy
Account of the successor to the Enhanced Structural
Adjustment Facility of
[[Page 1492]]
the International Monetary Fund is limited to $25,000,000.
The amount to be paid is respect of each such contribution or
subscription is authorized to be appropriated without fiscal
year limitation. Each such subscription or contribution shall
be effective only to such extent or in such amounts as are
provided in advance in appropriations Acts.
(d) Title XV of the International Financial Institutions
Act (22 U.S.C. 262a) is amended by adding at the end the
following:
``SEC. 1502. MILITARY SPENDING BY RECIPIENT COUNTRIES;
MILITARY INVOLVEMENT IN THE ECONOMIES OF
RECIPIENT COUNTRIES.
``(a) Consideration of Commitment To Achieving Certain
Goals.--
``(1) In general.--The Secretary of the Treasury shall
instruct the United States Executive Directors of the
international financial institutions (as defined in section
1701(c)(2)) to promote growth in the international economy by
taking into account, when considering whether to support or
oppose loan proposals at these institutions, the extent to
which the recipient government has demonstrated a commitment
to achieving the following goals:
``(A) to provide accurate and complete data on the annual
expenditures and receipts of the armed forces;
``(B) to establish good and publicly accountable
governance, including an end to excessive military
involvement in the economy; and
``(C) to make substantial reductions in excessive military
spending and forces.
``(b) Steps To Achieve Goals Required.--The Secretary of
the Treasury shall instruct the United States Executive
Directors of the international financial institutions (as to
defined) to promote a policy at each institution under
which--
``(1) the respective institution monitors closely and,
through regular policy consultations with recipient
governments, seeks to influence the composition of public
expenditure in favor of funding growth and development
priorities and away from unproductive expenditures, including
excessive military expenditures;
``(2) the respective instutition supports lending
operations which assist efforts of recipient governments to
promote good governance, including public participation, and
reduce military expenditures; and
``(3) the allocation of resources and the extension of
credit by the respective institution takes into account the
performance of recipient governments in the areas of good
governance, ending excessive military involvement in the
economy and reducing excessive military expenditures.''.
(e) Title XVI of the International Financial Institutions
Act (22 U.S.C. 262p et seq.) is amended by redesignating
section 1620 as section 1622 and by inserting after section
1619 the following:
``SEC. 1620. RESPECT FOR INDIGENOUS PEOPLES
``The Secretary of the Treasury shall direct the United
States Executive Directors of the international financial
institutions (as defined in section 1701(c)(2)) and the
United States representative to the council of the Global
Environment Facility administered by the International Bank
for Reconstruction and Development to use the voice and vote
of the United States to bring about the creation and full
implementation of policies designed to promote respect for
and full protection of the territorial rights, traditional
economies, cultural integrity, traditional knowledge and
human rights of indigeneous peoples.
``SEC. 1621. ENCOURAGEMENT OF FAIR LABOR PRACTICES.
``(a) The Secretary of the Treasury shall direct the United
States Executive Directors of the international financial
institutions (as defined in section 1701(c)(2)) to use the
voice and vote of the United States to urge the respective
institution
``(1) to adopt policies to encourage borrowing countries
to guarantee internationally recognized worker rights (within
the meaning of section 502(a)(4) of the Trade Act of 1974)
and to include the status of such rights as an integral part
of the institution's policy dialogue with each borrowing
country;
``(2) in developing the policies referred to in paragraph
(1), to use the relevant conventions of the International
Labor Organization, which have set forth, among other things,
the right of association, the right to organize and bargain
collectively, a prohibition on the use of any form of forced
or compulsory labor, and certain minimum labor standards that
take into account differences in development levels among
nations including a minimum age for the employment of
children, acceptable conditions of work with respect to
minimum wages, hours of work, and occupational safety and
health; and
``(3) to establish formal procedures to screen projects and
programs funded by the institution for any negative impact in
a borrowing country on the rights referred to in paragraph
(1).
``(b) The Secretary of the Treasury shall submit to the
Committee on Banking, Finance and Urban Affairs of the House
of Representatives and the Committee on Foreign Relations of
the Senate by the end of each fiscal year a report on the
extent to which each borrowing country guarantees
internationally recognized worker rights to its labor force
and on progress toward achieving each of the goals described
in subsection (a).''.
(f) The Inter-American Development Bank Act (22 U.S.C. 283
et seq.) is amended by adding at the end the following:
``SEC. 38. FOCUS ON LOW-INCOME AREAS OF LATIN AMERICA AND THE
CARIBBEAN.
``The Secretary of the Treasury shall direct the United
States Executive Director of the Bank to use the voice and
vote of the United States to support an increased focus on
the poorest countries in Latin America and the Caribbean, and
on poorer areas of better off countries, and to support
programs conducted by the Multilateral Investment Fund,
particularly in targeting low-income countries and
populations, working with nongovernmental organizations and
training and assisting former combatants from civil conflicts
in Latin America.''
And on page 49, line 24, of the House engrossed bill, H.R.
4426, after ``Sec. 526.'' insert: (a) ; and the Senate agree
to the same.
Amendment numbered 94:
That the House recede from its disagreement to the
amendment of the Senate numbered 94, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert: ,
Serbia, or Montenegro; and the Senate agree to the same.
Amendment numbered 102:
That the House recede from its disagreement to the
amendment of the Senate numbered 102, and agree to the same
with an amendment, as follows:
Restore the matter stricken, amended to read as follows:
country or; and the Senate agree to the same.
Amendment numbered 109:
That the House recede from its disagreement to the
amendment of the Senate numbered 109, and agree to the same
with an amendment, as follows:
Retain the matter proposed by said amendment, amended to
read as follows:
At the end of the matter proposed, insert the following:
(c) The authority of section 516 of the Foreign Assistance
Act of 1961, as amended may be used in fiscal year 1995 to
provide defense articles to Jordan, except that the provision
of such defense articles shall be subject to section 538 of
this Act.
And the Senate agree to the same.
Amendment numbered 118:
That the House recede from its disagreement to the
amendment of the Senate numbered 118, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
Sec. 561. (a) Authority To Reduce Debt.--The President may
reduce amounts owed to the United States (or any agency of
the United States) by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961; or
(2) credits extended or guarantees issued under the Arms
Export Control Act.
(b) Limitations.--(1) The authority provided by subsection
(a) may be exercised only to implement multilateral official
debt relief and referendum agreements, commonly referred to
as ``Paris Club Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is
provided in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy debt
burdens that are eligible to borrow from the International
Development Association, but not from the international Bank
for Reconstruction and Development, commonly referred to as
``IDA-only'' countries.
(c) Conditions.--The authority provided by subsection (a)
may be exercised only with respect to a country whose
governmment--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
(4) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of
internationally recognized human rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
(d) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ``Debt
Restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) shall not be considered assistance
for purposes of any provision of law limiting assistance to a
country. The authority provided by subsection (a) may be
exercised notwithstanding section 620(r) of the Foreign
Assistance Act of 1961.
And the Senate agree to the same.
Amendment numbered 121:
That the House recede from its disagreement to the
amendment of the Senate numbered 121, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
implementation of world bank recommendations
Sec. 567. (a) Funds appropriated by title I of this Act
under the headings ``Contribution to the International Bank
for Reconstruction and Development'' and ``Contribution to
the International Development Association'' shall be
available for payment to such institutions as follows:
(1) Fifty percent of the funds appropriated under each such
heading shall be made available prior to April 1, 1995. Fifty
percent of the funds appropriated under each such heading
shall be made available on April 1, 1995, or thereafter, only
if the Secretary of the Treasury makes the determinations
(and so reports to the Committees on Appropriations)
described in paragraph (2) of this subsection at any time on
or after that date.
(2) The determinations referred to in paragraph (1) are
determinations that the International Bank for Reconstruction
and Development is--
(A) implementing the recommendations contained in ``Next
Steps'', the follow-up to the Wapenhans Report;
[[Page 1493]]
(B) implementing the action plan contained in chapter 8 of
its April 8, 1994, resettlement review entitled
``Resettlement and Development''; and
(C) implementing the Bank's procedures on Disclosure of
Operational Information issued in September 1993.
(b) Funds appropriated by title I of this Act under the
heading ``Contribution to the International Finance
Corporation'' shall be available for payment to such
institution as follows:
(1) Fifty percent of the funds appropriated under such
heading shall be made available prior to April 1, 1995. Fifty
percent of the funds appropriated under such heading shall be
made available on or after April 1, 1995, only if the
Secretary of the Treasury makes the determination (and so
reports to the Committees on Appropriations) described in
paragraph (2) of this subsection.
(2) The determination referred to in paragraph (1) is a
determination that the International Finance Corporation is
pursuing reforms comparable to those adopted by the
International Bank for Reconstruction and Development
regarding the environment, information disclosure, and
resettlement.
And the Senate agree to the same.
Amendment numbered 129:
That the House recede from its disagreement to the
amendment of the Senate numbered 129, and agree to the same
with an amendment, as follows:
Retain the matter proposed by said amendment, amended as
follows:
In lieu of ``the current fiscal year'' named in said
amendment, insert: fiscal year 1995 ; and the Senate agree to
the same.
Amendment numbered 134:
That the House recede from its disagreement to the
amendment to the Senate numbered 134, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
donation of surplus agricultural commodities to poland
Sec. 578. (a) Extension of Authorization.--Section 2223(a)
of the American Aid to Poland Act of 1988 (7 U.S.C. 1431
note) is amended by--
(1) inserting ``if the Secretary of Agriculture determines
for each fiscal year that (1) a donation under this section
would not limit the Secretary's ability to meet urgent
humanitarian needs for agricultural commodities, and (2) such
donation would not cause a reduction in the price of the same
of similar agricultural commodities produced in Poland''
after ``Notwithstanding any other provision of law,''; and
(2) striking ``1988 through 1992'' and inserting in lieu
thereof ``1995 through 1991''.
(b) Definition of Eligible Commodities.--Section 2223(b)(1)
of that Act is amended by inserting ``, soybeans, and soybean
products'' after ``feed grains''.
(c) Eligible Activities.--Section 416(b)(7)(D)(ii) of the
Agricultural Act of 1949 (7 U.S.C. 1431(b)(7)(D)(ii)) is
amended in the third sentence--
(1) by striking ``and'' at the end of subclause (II);
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following new subclause:
``(IV) the Polish Catholic Episcopate's Rural Water Supply
Foundation.''.
(d) Effective Date.--The amendments made by this section
shall take effect October 1, 1994.
And the Senate agree to the same.
Amendment numbered 138:
That the House recede from its disagreement to the
amendment to the Senate numbered 138, and agree to the same
with an amendment, as follows:
Retain the matter proposed by said amendment, amended as
follows:
In lieu of ``Sec. 582.'' named in said amendment, insert:
Sec. 579.
And the Senate agree to the same.
Amendment numbered 139:
That the House recede from its disagreement to the
amendment to the Senate numbered 139, and agree to the same
with an amendment, as follows:
Retain the matter proposed by said amendment, amended as
follows:
In lieu of ``Sec. 583.'' named in said amendment, insert:
Sec. 580.; and the Senate agree to the same.
Amendment numbered 140:
That the House recede from its disagreement to the
amendment to the Senate numbered 140, and agree to the same
with an amendment, as follows:
Retain the matter proposed by said amendment, amended as
follows:
In lieu of ``Sec. 584.'' named in said amendment, insert:
Sec. 581.; and the Senate agree to the same.
Amendment numbered 142:
That the House recede from its disagreement to the
amendment of the Senate numbered 142, and agree to the same
with an amendment, as follows:
Retain the matter proposed by said amendment, amended as
follows:
In lieu of ``Sec. 586.'' named in said amendment, insert:
Sec. 582.
And in lieu of ``shall'' named in said amendment, insert:
should; and the Senate agree to the same.
Amendment numbered 143:
That the House recede from its disagreement to the
amendment of the Senate numbered 143, and agree to the same
with an amendment, as follows:
Retain the matter proposed by said amendment, amended as
follows:
In lieu of ``Sec. 587.'' named in said amendment, insert:
Sec. 583.
And in lieu of ``shall'' named in said amendment, insert:
should; and the Senate agree to the same.
Amendment numbered 149:
That the House recede from its disagreement to the
amendment of the Senate numbered 149, and agree to the same
with an amendment, as follows:
Retain the matter proposed by said amendment, amended as
follows:
In lieu of ``Sec. 593.'' named in said amendment, insert:
Sec. 584.
And in lieu of ``shall'' named in said amendment, insert:
should; and the Senate agree to the same.
Amendment numbered 158:
That the House recede from its disagreement to the
amendment of the Senate numbered 158, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
report on the salaries and benefits of the imf and the world
Sec. 585. The Comptroller General shall submit a report to
the Committees on Appropriations on the following--
(1) a review of the existing salaries and benefits of
employees of the International Monetary Fund and the
International Bank for Reconstruction and Development; and
(2) a review of all benefits paid to dependents of Fund and
Bank employees.
Such report shall include a comparison of the salaries and
benefits paid to employees and dependents of the Fund and the
Bank with salaries and benefits paid to employees holding
comparable positions in the public and private sectors in
member countries and in the international sector.
And the Senate agree to the same.
Amendment numbered 161:
That the House recede from its disagreement to the
amendment of the Senate numbered 161, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
BALTIC TROOP WITHDRAWAL
Sec. 586. (a) Prohibition.--None of the funds appropriated
or otherwise made available by this Act (other than funds to
carry out humanitarian assistance) may be available in any
fiscal year for Russia unless the President has certified to
the Congress not more than six months in advance of the
obligation or expenditure of such funds that the Government
of Russia and the Governments of Latvia and Estonia have
established a timetable for the withdrawal of the armed
forces of Russia and the Commonwealth of Independent States,
and all parties are complying with such timetable.
(b) Subsection (a) does not apply if the President
determines that the provision of funds to the Government of
Russia is in the national security interest of the United
States.
And on page 88 of the House engrossed bill, H.R. 4420,
Strike all beginning on line 7 down to and including line 18
on page 89; and the Senate agree to the same.
Amendment numbered 163:
That the House recede from its disagreement to the
amendment of the Senate numbered 163, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY
Sec. 587. (a) None of the funds appropriated by this Act
may be obligated or expended to create in any part of
Jerusalem a new office of any department or agency of the
United States Government for the purpose of conducting
official United States Government business with the
Palestinian Authority over Gaza and Jericho or any successor
Palestinian governing entity provided for in the Israel-PLO
Declaration of Principles: Provided, That this subsection
shall not apply to the acquisition of additional space for
the existing Consulate General in Jerusalem.
(a) Meetings between officers and employees of the United
States and officials of the Palestinian Authority, or any
successor Palestinian governing entity provided for in the
Israel-PLO Declaration of Principles, for the purpose of
conducting official United States Government business with
such authority should continue to take place in locations
other than Jerusalem. As has been true in the past, officers
and employees of the United States Government may continue to
meet in Jerusalem on other subjects with Palestinians
(including those who now occupy positions in the Palestinian
Authority), have social contacts, and have incidental
discussions.
And the Senate agree to the same.
Amendment numbered 165:
That the House recede from its disagreement to the
amendment of the Senate numbered 165, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
REPORT ON BIOLOGICAL AND CHEMICAL WEAPONS
Sec. 588. The President shall report to the Committees on
Appropriations, not later than January 30, 1995, on whether
or not Russia has demonstrated a commitment to comply with
the Convention on the Prohibition of the Development,
Production and Stockpiling of Bacteriological (Biological)
and Toxin Weapons and, upon Russian ratification and entry
into force, the Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Chemical
Weapons and on Their Destruction, and the Wyoming
``Memorandum of Understanding Regarding a Bilateral
Verification Experiment and Data Exchange Related to
Prohibition of Chemical Weapons''.
And the Senate agree to the same.
Amendment numbered 166:
That the House recede from its disagreement to the
amendment of the Senate numbered 166, and agree to the same
with an amendment, as follows:
[[Page 1494]]
Delete the matter proposed by said amendment , and on page
91, line 17, of the House engrossed bill, H.R. 4426, in lieu
of ``This Act'', insert: Titles I through V , and on page 91,
after line 19, insert the following:
TITLE VI--FISCAL YEAR 1994 SUPPLEMENTAL APPROPRIATIONS
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 1994, and for other purposes, namely:
funds appropriated to the president
debt relief for jordan
(a) Authority to Reduce Debt.--(1) Authority.--For fiscal
year 1994 and thereafter, the President is authorized to
reduce or cancel amounts owed to the United States or any
agency of the United States by the Hashemite Kingdom of
Jordan as a result of loans originally made or credits
originally extended by the United States or any agency of the
United States before January 1, 1994.
(2) Appropriations Requirement.--The authority provided by
this section may be exercised only in such amounts or to such
extent as is provided in advance by appropriations Acts.
(3) Certain Prohibitions Inapplicable.--The authority of
this section may be exercised notwithstanding section 620(r)
of the Foreign Assistance Act of 1961, as amended, section
321 of the International Development and Food Assistance Act
of 1975, or similar provisions of law. In addition, a
reduction of debt pursuant to this section shall not be
considered assistance for purposes of any provision of law
limiting assistance to a country.
(b) Appropriations.--(1) Appropriations.--For the cost of
modifying direct loans, as defined in section 502 of the
Congressional Budget Act of 1974, for Jordan, in accordance
with the authority contained in this section, $99,000,000 is
appropriated, to remain available until September 30, 1994.
(2) Fiscal Year 1994.--For fiscal year 1994--
(A) funds appropriated under this section may be used only
for the cost of modifying direct loans entered into under
programs administered by the Agency for International
Development; and
(B) such funds may be used to reduce or cancel not to
exceed $220,000,000 of the amounts owed pursuant to such
loans.
agency for international development
International Disaster Assistance
For an additional amount of ``International Disaster
Assistance'', $20,000,000, to remain available until
expended, for international disaster relief, rehabilitation,
and reconstruction assistance pursuant to section 491 of the
Foreign Assistance Act of 1961, as amended: Provided, That
funds appropriated under this heading may be made available
notwithstanding section 10 of Public Law 91-672: Provided
further, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
department of state
United States Emergency Refugee and Migration Assistance Fund
For an additional amount for ``United States Emergency
Refugee and Migration Assistance Fund'', $30,000,000:
Provided, That such funds may be made available to respond to
the current Rwandan refugee crisis if the President
determines that it is in the national interest to do so:
Provided further, That the entire amount is designated by
Congress as an emergency requirement to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
This title may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Supplemental Appropriations
Act, 1994''.
And the Senate agree to the same.
That the House recede from its disagreement to the
amendment of the Senate to the title of the bill and agree to
the same with an amendment, as follows:
In lieu or the title proposed by the Senate, insert:
``An Act making appropriations for foreign operations,
export financing, and related programs for the fiscal year
ending September 30, 1995, and making supplemental
appropriations for such programs for the fiscal year ending
September 30, 1994, and for other purposes.''
And the Senate agree to the same.
David R. Obey,
Sidney R. Yates,
Charles Wilson,
John W. Olver,
Nancy Pelosi,
Esteban Torres,
Nita M. Lowey,
Jose E. Serrano,
Martin O. Sabo,
Bob Livingston,
John Porter,
Jim Lightfoot
(except for Jordan debt forgiveness),
Sonny Callahan
(except for Jordan debt forgiveness),
Joseph M. McDade,
Managers on the Part of the House.
Patrick J. Leahy,
Daniel K. Inouye,
Dennis DeConcini,
Frank R. Lautenberg,
Tom Harkin,
Barbara A. Mikulski,
Dianne Feinstein,
Robert C. Byrd,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
By unanimous consent, the previous question was ordered on the
conference report to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. SYNAR, announced that the yeas had it.
Mr. LIVINGSTON objected to the vote on the ground that a quorum was
not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
341
When there appeared
<3-line {>
Nays
85
Para. 90.13 [Roll No. 376]
YEAS--341
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Bachus (AL)
Baesler
Ballenger
Barca
Barcia
Barlow
Barrett (WI)
Bartlett
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Burton
Byrne
Calvert
Camp
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clinger
Clyburn
Coble
Coleman
Collins (MI)
Conyers
Cooper
Coppersmith
Cox
Coyne
Cramer
Cunningham
Danner
Darden
de la Garza
Deal
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Dornan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Ewing
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallo
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Gordon
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastert
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutto
Hyde
Inhofe
Inslee
Istook
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Michel
Miller (CA)
Mineta
Mink
Moakley
Molinari
Mollohan
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quinn
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sangmeister
Santorum
Sawyer
Saxton
Schenk
Schiff
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Smith (TX)
Snowe
Spratt
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Talent
Tauzin
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Tucker
Unsoeld
Upton
Velazquez
Vento
Visclosky
Vucanovich
Walsh
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Zeliff
Zimmer
NAYS--85
Applegate
Archer
Armey
Baker (CA)
Baker (LA)
Barrett (NE)
Barton
Bonilla
Brooks
Bunning
Buyer
Callahan
Canady
Collins (GA)
Combest
Condit
Costello
Crane
[[Page 1495]]
Crapo
Doolittle
Dreier
Duncan
Emerson
Everett
Fields (TX)
Gallegly
Gekas
Goodling
Goss
Grandy
Hall (TX)
Hancock
Hansen
Hayes
Hefley
Herger
Hutchinson
Inglis
Jacobs
Johnson, Sam
Kaptur
Lewis (FL)
Lloyd
McCandless
McKeon
Mica
Miller (FL)
Minge
Montgomery
Moorhead
Myers
Nussle
Orton
Oxley
Packard
Petri
Pombo
Rahall
Roberts
Roemer
Rogers
Rohrabacher
Roth
Sanders
Sarpalius
Schaefer
Schroeder
Sensenbrenner
Shuster
Slattery
Smith (MI)
Smith (OR)
Solomon
Spence
Stark
Stearns
Stump
Tanner
Taylor (MS)
Traficant
Valentine
Volkmer
Walker
Weldon
Young (FL)
NOT VOTING--8
Clement
Collins (IL)
DeFazio
Ford (TN)
Laughlin
Quillen
Sundquist
Washington
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 90.14 permission to file conference report
On motion of Mr. OBEY, by unanimous consent, the managers on the part
of the House were granted permission until midnight tonight to file a
conference report (Rept. No. 103-671) on the bill (H.R. 4649) making
appropriations for the District of Columbia for the fiscal year ending
September 30, 1995, and for other purposes; together with a statement
thereon, for printing in the Record under the rule.
Para. 90.15 permission to file conference report
On motion of Mr. GIBBONS, by unanimous consent, the managers on the
part of the House were granted permission until midnight tonight to file
a conference report (Rept. No. 103-670) on the bill (H.R. 4277) to
establish the Social Security Administrative Reform Act of 1994;
together with a statement thereon, for printing in the Record under the
rule.
Para. 90.16 federal acquisition reform
On motion of Mr. CONYERS, by unanimous consent, the bill of the Senate
(S. 1587) to revise and streamline the acquisition laws of the Federal
Government, and for other purposes; together with the amendment of the
House thereto, was taken from the Speaker's table.
When on motion of Mr. CONYERS it was,
Resolved, That the House insist upon its amendment and agree to the
conference asked by the Senate on the disagreeing votes of the two
Houses thereon.
Thereupon, the SPEAKER pro tempore, Mr. CLYBURN, by unanimous consent,
announced the appointment of the following Members as managers on the
part of the House at said conference:
From the Committee on Government Operations, for
consideration of the Senate bill, and the House amendment,
and modifications committed to conference:
Messrs. Conyers, Synar, Neal of North Carolina, Lantos,
Owens, Towns, Spratt, and Rush, Mrs. Maloney, Ms. Margolies-
Mezvinsky, and Messrs. Clinger, McCandless, Hastert, Kyl,
Shays, and Schiff.
As additional conferees from the Committee on Armed
Services, for consideration of the Senate bill, and the House
amendment, and modifications committed to conference:
Messrs. Dellums, Sisisky, Evans, Bilbray and Edwards of
Texas, Ms. Furse, and Messrs. Spence, Kasich, Bateman, and
Weldon.
As additional conferees from the Committee on Education and
Labor, for consideration of sections 4024(d), 4101(b),
4101(c), 6101-02, 8005(c)(2), and 11001-04 of the Senate
bill, and section 4105 of the House amendment, and
modifications committed to conference:
Messrs. Ford of Michigan, Murphy, and Fawell.
As additional conferees from the Committee on the
Judiciary, for consideration of sections 1421-22, 1437, 2451,
2551-53, 2555, that portion of section 4011 that adds a new
section 29(b)(2) to the Federal Procurement Policy Act,
sections 4024 (a), (b), (c), and (f), 4101 (b) and (c), 6001-
04, 6053, and 8005 (c)(3) and (c)(4) of the Senate bill; and
that portion of section 4011 that adds a new section 4B(c) to
the Federal Procurement Policy Act, that portion of section
4031 that adds a new subsection (c)(9) to section 23012a of
title 10, United States Code, that portion of section 4041
that adds a new subsection (c)(2) to section 302A of the
Federal Property and Administrative Services Act of 1949,
sections 4051, 5003, that portion of section 7106 that adds a
new section 2285(a)(12) to title 10, United States Code, that
portion of section 7205 that adds a new section 314D(a)(4) to
the Federal Property and Administrative Services Act of 1949,
and section 7301(b) of the House amendment, and modifications
committed to conference:
Messrs. Brooks, Bryant, and Fish.
As additional conferees from the Committee on Public Works
and Transportation, for consideration of sections 1056 and
1067 of the Senate bill and modifications committed to
conference:
Messrs. Mineta, Traficant, and Shuster.
As additional conferees from the Committee on Small
Business, for consideration of sections 1055(b)(2), 2554,
4102-05, that portion of section 4011 that adds a new section
29(b)(1) to the Office of Federal Procurement Policy Act,
sections 4012, 4014(d), 4015(d), and 4074 of the Senate bill,
and sections 4104 and 8002 of the House amendment, and
modifications committed to conference:
Mr. LaFalce, Mr. Smith of Iowa, and Mrs. Meyers of Kansas.
Ordered, That the Clerk notify the Senate thereof.
Para. 90.17 providing for the consideration of h.r. 4277
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-666) the resolution (H. Res. 507) providing for the
consideration of the bill (H.R. 4217) to reform the Federal crop
insurance program, and for other pusposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 90.18 enrolled bills and joint resolution signed
Mr. ROSE, from the Committee on House Administration, reported that
that committee had examined and found truly enrolled bills and a joint
resolution of the House of the following titles, which were thereupon
signed by the Speaker:
H.R. 868. An Act to strengthen the authority of the Federal
Trade Commission to protect consumers in connection with
sales made with a telephone, and for other purposes;
H.R. 2457. An Act to direct the Secretary of the Interior
to conduct a salmon captive broodstock program; and
H.J. Res. 374. Joint resolution designating August 2, 1994,
as ``National Neighborhood Crime Watch Day.''
Para. 90.19 senate enrolled bill signed
The SPEAKER announced his signature to an enrolled bill of the Senate
of the following title:
S. 1458. An Act to amend the Federal Aviation Act of 1958
to establish time limitations on certain civil actions
against aircraft manufacturers, and for other purposes.
Para. 90.20 leave of absence
By unanimous consent, leave of absence was granted--
To Mrs. COLLINS of Illinois, for today;
To Mr. DeFAZIO, for today and the balance of the week;
To Mr. FORD of Tennessee, for today; and
To Mr. CLEMENT, for today after 1 p.m.
And then,
Para. 90.21 adjournment
On motion of Mr. DOOLITTLE, at 7 o'clock and 31 minutes p.m., the
House adjourned.
Para. 90.22 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing reference to the proper calendar, as follows:
Mr. OBEY: Committee on Appropriations. Revised Subdivision
of Budget Totals for fiscal year 1994 (Rept. No. 103-664).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. OBEY: Committee on Appropriations. Revised Subdivision
of Budget Totals for fiscal year 1995 (Rept. No. 103-665).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. DERRICK: Committee on Rules. House Resolution 507.
Resolution providing for consideration of the bill (H.R.
4217) to reform the Federal Crop Insurance Program, and for
other purposes (Rept. No. 103-666). Referred to the House
Calendar.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 2866. A bill to provide for the sound management and
protection of Redwood forest areas in Humboldt County, CA, by
adding certain lands and waters to the Six Rivers National
Forest and by including a portion of such lands in the
national wilderness preservation system; with an amendment
(Rept. No. 103-667 Pt. 1). Ordered to be printed.
Mr. MONTGOMERY: Committee on Veterans' Affairs. H.R. 4088.
A bill to amend title 38, United States Code, to provide a
cost-of-
[[Page 1496]]
living adjustment in the rates of disability compensation for
veterans with service-connected disabilities and the rates of
dependency and indemnity compensation for survivors of such
veterans; with amendments (Rept. No. 103-668). Referred to
the Committee of the Whole House on the State of the Union.
Mr. MONTGOMERY: Committee on Veterans' Affairs. H.R. 4386.
A bill to amend title 38, United States Code, authorizing the
Secretary of Veterans Affairs to provide compensation to
veterans suffering from disabilities resulting from illnesses
attributed to service in the Persian Gulf theater of
operations during the Persian Gulf war, to provide for
increased research into illnesses reported by Persian Gulf
war veterans, and for other purposes; with an amendment
(Rept. No. 103-669). Referred to the Committee of the Whole
House on the State of the Union.
Mr. GIBBONS: Committee of Conference. Conference report on
H.R. 4277. A bill to establish the Social Security
Administration as an independent agency and to make other
improvements in the old-age, survivors, and disability
insurance program (Rept. No. 103-670). Ordered to be printed.
Mr. DIXON: Committee of Conference. Conference report on
H.R. 4649. A bill making appropriations for the government of
the District of making appropriations for the government of
the District of Columbia and other activities chargeable in
whole or in part against the revenues of said District for
the fiscal year ending September 30, 1995, and for other
purposes (Rept. No. 103-671). Ordered to be printed.
Mr. BEVILL: Committee of Conference. Conference report on
H.R. 4506. A bill making appropriations for energy and water
development for the fiscal year ending September 30, 1995,
and for other purposes (Rept. No. 103-672). Ordered to be
printed.
Para. 90.23 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. COOPER (for himself and Mr. Gordon):
H.R. 4897. A bill to provide for more effective child
support enforcement; to the Committee on Ways and Means.
H.R. 4898. A bill to strengthen paternity establishment; to
the Committee on Ways and Means.
By Mr. FRANKS of Connecticut:
H.R. 4899. A bill to amend the Internal Revenue Code of
1986 to allow a credit for 100 percent of the contributions
made by individuals to organizations engaged in addressing
the needs of at-risk youth and teenagers; to the Committee on
Ways and Means.
By Mr. WILLIAMS:
H.R. 4900. A bill to provide for the establishment of an
occupational safety and health standard applicable to boxing
under the Occupational Safety and Health Act of 1970, and for
other purposes; to the Committee on Education and Labor.
By Mr. BARCIA of Michigan (for himself, Mr. Brewster,
and Mr. Camp):
H.R. 4901. A bill to amend the Internal Revenue Code of
1986 to simplify the assessment and collection of the excise
tax on arrows; to the Committee on Ways and Means.
By Ms. DUNN (for herself, Mr. Deal, Mr. Zimmer, Mrs.
Fowler, Mr. Cunningham, Mr. Saxton, Mr. Smith of New
Jersey, Mr. Manton, Mr. Manzullo, Mr. Linder, Ms.
Molinari, Mr. Huffington, Mr. Hyde, and Mr.
McCollum):
H.R. 4902. A bill to provide protection against sexually
violent predators; to the Committee on the Judiciary.
By Mr. OWENS:
H.R. 4903. A bill to expand the powers of the Secretary of
the Treasury and the Bureau of Alcohol, Tobacco and Firearms
to regulate the manufacture, distribution, and sale of
firearms and ammunition, and to expand the jurisdiction of
the Bureau to include firearm products and non-powder
firearms; to the Committee on the Judiciary.
By Mr. HOEKSTRA (for himself, Mr. Armey, Mr. Boehner,
Mr. Dornan, Mr. Goodling, Mr. Grams, Mr. McKeon, Mr.
Miller of Florida, Mr. Smith of New Jersey, Mr.
Ballenger, Mr. Knollenberg, Mr. McInnis, Mr.
Hutchinson, Mr. Upton, Mr. Torkildsen, and Mrs.
Fowler):
H. Con. Res. 277. Concurrent resolution expressing the
sense of the Congress regarding the prerogatives of each
State for health care reform; jointly, to the Committees on
Energy and Commerce and Ways and Means.
By Mr. McMILLAN:
H. Res. 508. Resolution making in order, in the
consideration by the House of Representatives of H.R. 3600--
the ``Health Security Act''--an amendment in the nature of a
substitute consisting of the text of H.R. 3080 and including
a title providing for assistance for the purpose of health
insurance; to the Committee on Rules.
Para. 90.24 private bills and resolutions
Under clause 1 of rule XXII, private bills and resolutions were
introduced and severally referred as follows:
By Mr. ROTH:
H.R. 4904. A bill for the relief of Eugene Hasenfus; to the
Committee on the Judiciary.
By Mr. SAXTON:
H.R. 4905. A bill for the relief of Floyd L. Martin; to the
Committee on the Judiciary.
Para. 90.25 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 291: Mr. Roberts, Mr. Young of Alaska, Mr. LaFalce,
Mr. Towns, Mr. Mollohan, Mr. Lewis of Kentucky, Mr. Wolf, Mr.
Neal of North Carolina, Mr. Kleczka, and Mrs. Vucanovich.
H.R. 323: Ms. Molinari.
H.R. 494: Mr. Gilman.
H.R. 546: Mr. Pastor.
H.R. 723: Mr. Fields of Texas.
H.R. 1080: Mr. Lucas.
H.R. 1110: Mr. Sensenbrenner and Mr. Gillmor.
H.R. 1164: Mr. Saxton.
H.R. 1276: Mr. Lucas.
H.R. 1280: Mr. Thompson, Mr. Fields of Louisiana, Mr.
Bryant, Mr. Coppersmith, Mr. Barrett of Wisconsin, and Mr.
Mann.
H.R. 1428: Mr. Doolittle.
H.R. 1824: Mr. Matsui.
H.R. 1834: Mr. Thornton.
H.R. 2345: Mr. Hamburg.
H.R. 2375: Mr. Fingerhut.
H.R. 2586: Mr. Barrett of Wisconsin and Mr. Moran.
H.R. 2680: Mr. Wise.
H.R. 2866: Mrs. Lowey.
H.R. 3538: Mr. Towns, Mr. Berman, Mr. Stupak, and Mr.
Fingerhut.
H.R. 3630: Mr. Weldon.
H.R. 3645: Mr. Lucas.
H.R. 3666: Mr. Coble, Mr. Frank of Massachusetts, Mrs.
Unsoeld, Mr. Wilson, Mr. Skeen, and Mr. Payne of Virginia.
H.R. 3705: Mr. Holden and Mrs. Meyers of Kansas.
H.R. 3795: Mr. Livingston.
H.R. 3814: Mr. Schaefer.
H.R. 3835: Mr. Hastert.
H.R. 3851: Mr. Duncan, Mr. Rogers, Mr. Solomon, Mr. Kyl,
Mrs. Vucanovich, and Mrs. Meyers of Kansas.
H.R. 4051: Mr. Barlow, Mr. Hochbrueckner, Mr. Sawyer, and
Mr. Hefner.
H.R. 4072: Mr. Obey.
H.R. 4074: Mr. Barcia of Michigan, Mr. Reynolds, Mr. Fish,
Mr. Holden, Mr. Schiff, Mr. Schumer, Mr. Stark, Mr. Barrett
of Wisconsin, Mr. Diaz-Balart, Mr. Matsui, Mr. Mineta, Mr.
Kreidler, Mr. Hastings, Mr. Greenwood, and Mr. Hutchinson.
H.R. 4088: Mr. Cramer, Mr. Montgomery, and Mr. Stump.
H.R. 4142: Mr. Crane, Mrs. Bentley, and Mr. Dixon.
H.R. 4179: Mr. Diaz-Balart.
H.R. 4232: Mr. Peterson of Minnesota and Mr. Upton.
H.R. 4288: Mr. Serrano.
H.R. 4303: Mr. Hoekstra.
H.R. 4318: Mr. Barlow and Mr. Hefner.
H.R. 4345: Mr. Evans.
H.R. 4370: Mr. Sanders.
H.R. 4371: Mr. Pallone.
H.R. 4404: Mr. Hamilton, Ms. Roybal- Allard, Mr. Gejdenson,
and Ms. Slaughter.
H.R. 4450: Mr. Ackerman and Mr. Poshard.
H.R. 4481: Mr. Dellums.
H.R. 4540: Mr. Inslee, Mr. Towns, Ms. DeLauro, Mr.
Hoagland, Mr. Diaz-Balart, and Mr. Torricelli.
H.R. 4559: Mrs. Meyers of Kansas.
H.R. 4589: Mr. Sensenbrenner.
H.R. 4636: Mr. Barrett of Wisconsin, Mr. Bilbray, Mr.
Traficant, Mr. Hilliard, Mr. Carr, and Mr. Torres.
H.R. 4643: Mr. Kopetski.
H.R. 4713: Ms. Lambert.
H.R. 4734: Mr. Saxton, Mr. Stupak, and Ms. Kaptur.
H.R. 4742: Mr. Doolittle, Mr. Tauzin, Mr. Hayes, and Mr.
Baker of Louisiana.
H.R. 4805: Mr. Hamilton, Mr. Rohrabacher, Mr. Petri, Mr.
McCloskey, and Mr. Gunderson.
H.R. 4831: Mr. Hunter.
H.R. 4857: Mr. Sensenbrenner.
H.R. 4887: Mr. Stearns.
H.J. Res. 261: Mr. Kasich, Mr. Meehan, Mr. Solomon, Mr.
Leach, Mr. Frost, Mr. Doolittle, Mr. Wolf, Mr. Callahan, and
Mr. de Lugo.
H.J. Res. 366: Mr. Becerra, Mr. Fazio, Mr. Fields of Texas,
Mr. Gejdenson, Mr. Greenwood, Mr. Hastert, Mr. Horn, Mr.
Hutchinson, Ms. Eddie Bernice Johnson of Texas, Mr. Kim, Ms.
Margolies-Mezvinsky, Ms. McKinney, Mr. McNulty, Mrs. Meyers
of Kansas, Mr. Miller of California, Mr. Minge, Mr. Moorhead,
Mr. Quillen, Mr. Richardson, Mr. Stokes, Mr. Tanner, Mr.
Valentine, and Mr. Young of Alaska.
H.J. Res. 390: Mr. Bonior.
H. Con. Res. 148: Mr. Smith of Texas.
H. Con. Res. 192: Mr. Abercrombie.
H. Con. Res. 223: Mr. Foglietta, Mr. Lipinski, and Mr.
Tejeda.
H. Con. Res. 268: Mr. Miller of Florida, Mr. Barton of
Texas, Mr. Manzullo, Ms. Dunn, and Mr. Royce.
H. Con. Res. 269: Mr. Lipinski, Mr. Baker, of Louisiana and
Mr. McMillan.
H. Con. Res. 274: Mr. Lehman and Mr. Brooks.
H. Res. 86: Mr. Walsh.
H. Res. 270: Mr. Baker of Louisiana, Mr. Hoekstra, and Mr.
Hayes.
H. Res. 485: Mr. Ewing and Mr. Neal of North Carolina.
Para. 90.26 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 4590: Mr. Barlow.
JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
----------------
CONGRESS OF THE UNITED STATES
[[Page 1497]]
Begun and held at the Capitol, in the City of Washington, in the
District of Columbia, on Tuesday, the twenty-fifth day of January, in
the year of our Lord nineteen hundred and ninety-four, being the second
session of the One Hundred Third Congress, held under the Constitution
of the United States, and in the two hundred and eighteenth year of the
independence of the United States.
________________________________________________________________________
.
FRIDAY, AUGUST 5, 1994 (91)
Para. 91.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
MONTGOMERY, who laid before the House the following communication:
Washington, DC,
August 5, 1994.
I hereby designate the Honorable G.V. (Sonny) Montgomery to
act as Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Para. 91.2 approval of the journal
The SPEAKER pro tempore, Mr. MONTGOMERY, announced he had examined and
approved the Journal of the proceedings of Thursday, August 4, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 91.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3647. A letter from the Secretary of the Treasury;
transmitting the annual report on the operations of the
Exchange Stabilization Fund [ESF] for fiscal year 1993,
pursuant to 31 U.S.C. 5302(c)(2); to the Committee on
Banking, Finance and Urban Affairs.
3648. A letter from the Acting Director, Office of Thrift
Supervision, transmitting the 1993 annual report on
enforcement actions and initiatives, pursuant to 12 U.S.C.
1833; to the Committee on Banking, Housing and Urban Affairs.
3649. A letter from the General Counsel, Department of
Transportation, transmitting the views of the Department
concerning H.R. 4422; to the Committee on Merchant Marine and
Fisheries.
3650. A letter from the Chairman, Physician Payment Review
Commission, transmitting a copy of the Commission's report on
the fee update and Medicare volume performance standards for
1995, pursuant to Public Law 101-239, section 6102(a) (103
Stat. 2176); jointly, to the Committees on Ways and Means and
Energy and Commerce.
Para. 91.4 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed a bill and a joint resolution of the
following titles, in which the concurrence of the House is requested:
S. 617. An Act to authorize research into the
desalinization of water and water reuse and to authorize a
program for States, cities, or any qualifying agency which
desires to own and operate a desalinization or water reuse
facility to develop such facilities; and
S.J. Res. 194. Joint resolution to designate the second
week of August 1994 as ``National United States Seafood
Week.''
Para. 91.5 providing for the consideration of h.r. 4217
Mr. MOAKLEY, by direction of the Committee on Rules, called up the
following resolution (H. Res. 507):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 4217) to reform the Federal crop insurance
program, and for other purposes. The first reading of the
bill shall be dispensed with. All points of order against
consideration of the bill are waived. General debate shall be
confined to the bill and the amendments made in order by this
resolution and shall not exceed one hour equally divided and
controlled by the chairman and ranking minority member of the
Committee on Agriculture. After general debate the bill shall
be considered for amendment under the five-minute rule. It
shall be in order to consider as an original bill for the
purpose of amendment under the five-minute rule the amendment
in the nature of a substitute recommended by the Committee on
Agriculture now printed in the bill modified by the
amendments printed in part 1 of the report of the Committee
on Rules accompanying this resolution. The committee
amendment in the nature of a substitute, as modified, shall
be considered as read. All points of order against the
committee amendment in the nature of a substitute, as
modified, are waived. Before consideration of any other
amendment it shall be in order to consider the amendments
printed in part 2 of the report of the Committee on Rules.
Each amendment printed in part 2 of the report may be offered
only by a Member designated in the report, shall be
considered only by a Member designated in the report, shall
be considered as read, shall be debatable for the time
specified in the report equally divided and controlled by the
proponent and an opponent, and shall not be subject to a
demand for division of the question in the House or in the
Committee of the Whole. All points of order against the
amendments printed in part 2 of the report are waived. At the
conclusion of consideration of the bill for amendment the
Committee shall rise and report the bill to the House with
such amendments as may have been adopted. Any Member may
demand a separate vote in the House on any amendment adopted
in the Committee of the Whole to the bill or to the committee
amendment in the nature of a substitute, as modified. The
previous question shall be considered as ordered on the bill
and amendments thereto to final passage without intervening
motion except one motion to recommit with or without
instructions.
When said resolution was considered.
After debate,
On motion of Mr. MOAKLEY, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 91.6 federal crop insurance reform
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to House Resolution
507 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the consideration of the
bill (H.R. 4217) to reform the Federal crop insurance program, and for
other purposes.
The SPEAKER pro tempore, Mr. MONTGOMERY, by unanimous con-
[[Page 1498]]
sent, designated Mr. CARDIN as Chairman of the Committee of the Whole.
The Acting Chairman, Mr. DICKS assumed the Chair; and after some time
spent therein,
Para. 91.7 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following substitute amendment submitted by Mr. de la
GARZA for the amendment, as modified, submitted by Mr. PENNY:
Substitute amendment submitted by Mr. de la GARZA :
Page 31, after line 4, add the following new paragraph:
``(4) Individual and area crop insurance coverage.--The
Corporation shall allow approved insurance providers to offer
to producers a plan of insurance that combines both
individual yield coverage and area yield coverage at a
premium rate determined by the provider, subject to the
following conditions:
``(A) The individual yield coverage shall be equal to or
greater than catastrophic risk protection, as described in
subsection (b).
``(B) The combined policy shall include area yield coverage
that is offered by Corporation or similar area coverage, as
determined by the Corporation.
``(C) The Corporation shall provide reinsurance on the area
yield portion of the combined policy at the request of the
provider, except that the provider shall agree to pay to the
producer any portion of the area yield and loss indemnity
payment received from the Corporation or a commercial
reinsurer that exceeds the individual indemnity payment made
by the provider to the producer.
``(D) The Corporation shall pay a part of the premium
equivalent to--
``(i) the amount authorized under subsection (e)(2) (except
provisions regarding operating and administrative expenses);
and
``(ii) the amount of operating and administrative expenses
authorized by the Corporation for the area yield coverage
portion of the combined policy.
``(E) The provider shall provide all underwriting services
for the combined policy, including the determination of
individual yield coverage premium rates, the terms and
conditions of the policy, and the acceptance and
classification of applicants into risk categories, subject to
subparagraph (F).
``(F) The Corporation shall approve the combined policy
unless the Corporation determines that the policy is not
actuarially sound or that the interests of producers are not
adequately protected.''.
Page 33, line 22, add after the period the following:
``Beginning with the 1995 crop year, the Corporation shall
establish for each insurable crop a sales closing date that
is 30 days earlier than the corresponding sales closing date
that was established for the 1994 crop year.''.
Page 55, after line 12, insert the following new
paragraphs:
``(4) Prohibition on assigned yields in certain counties.--
If the acreage of a crop in a county has increased by more
than 100 percent since the 1987 crop year, a producer who
produces that crop on a farm located in that county may not
obtain an assigned yield under paragraph (3). Instead, the
producer must provide detailed documentation of production
costs, acres planted, and yield (as required by the
Corporation) to become eligible for a noninsured assistance
payment.
``(5) Limitation on receipt of subsequent assigned yield.--
A producer who receives an assigned yield for the current
year of a natural disaster because required production
records were not submitted to the local office of the
Department shall not be eligible for an assigned yield for
the year of the next natural disaster unless the required
production records of the previous 1 or more years (as
applicable) are provided to the local office.
``(6) Yield variations due to different farming
practices.--The Corporation shall ensure that noninsured crop
disaster assistance accurately reflects significant yield
variations due to different farming practices, such as
between irrigated and nonirrigated acreage.
Page 63, strike line 6 and all that follows through line 5
on page 65.
Page 50, strike lines 9 through 11 and insert the following
new clause:
``(ii) which is produced for food or fiber.
Page 18, strike line 7 and all that follows through line 7
on page 21, and insert the following new paragraph:
``(4) Application.--To participate in catastrophic risk
protection, producers shall submit an application at the
local office of the Department of Agriculture or to a private
insurance provider approved by the Corporation.
Page 11, strike lines 8 through 11 and insert the following
new paragraph:
(2) in subsection (c), by striking ``, in which case the
agent or broker'' in the first sentence and all that follows
through the period at the end of the second sentence and
inserting the following: ``, except that the rate established
by the Board of reimburse approved insurance providers and
agents for their administrative and operating costs shall not
exceed, for the 1997 crop year, 29 percent of the premium
used to define loss ratio under section 502, and for the 1998
and 1999 crops, such reimbursement rate shall not exceed 28
percent of the premium used to define loss ratio under
section 502. Consistent with the provisions of section
506(p), the Board shall provide regulatory relief to such
approved insurance providers and agents in an amount
proportional to the reduction in the reimbursement rate
established by the Board for the 1997, 1998, and 1999 crop
years. No action shall be taken which would jeopardize
program integrity, enhance opportunities for fraud or abuse,
hinder program expansion or diminish quality of service to
customers.''.
Page 21, line 13, strike ``$100 per producer per county.''
and insert ``$200 per producer per county up to a maximum of
$600 per producer for all counties in which a producer has
insured crops.''.
Page 25, strike lines 8 through 11 and insert the
following: ``would reduce to less than $200 the total amount
of the administrative fees paid by the producer for 2 or more
crops in the same county for which a lower level of coverage
is obtained.''.
On page 65, strike line 6 and insert the following:
SEC. 14. GAO CROP INSURANCE PROVIDER STUDY.
The General Accounting Office shall, within 2 years of
enactment, investigate the contractual relationship between
the Federal Crop Insurance Corporation and approved insurance
providers to determine the quality, costs and efficiency of
the provision of multiperil crop insurance to producers of
agricultural commodities covered in this Act. The study shall
be completed in two parts. The first, to be completed within
one year of enactment, shall examine the currently available
data to make the determinations required by this section. The
second part shall examine the changes that occur because of
expansion of the program as participation increases.
This study shall include, but not be limited to, an
investigation of providers' actual cost of delivery of
multiperil crop insurance for which providers receive
reimbursement from the Corporation, cost differences for
different provider firm sizes, and changes in cost resulting
from expansion of the program. The study shall also compare
delivery costs of multiperil crop insurance to other
insurance coverage that the provider may sell and identify
any corss-subsidization from federally reimbursed delivery to
delivery costs of other insurance coverage.
The study shall assess, to the extent practicable,
alternative methods of reimbursing delivery costs to
providers. In addition, the study shall identify unnecessary
expenditure, if any, required by the Corporation for
compliance and program integrity.
In addition, the study shall include, but not be limited
to, the provisions of the standard reinsurance agreement
between the Corporation and approved providers including the
risk transferred to Corporation under the terms of the
agreement, the return on providers' capital, a determination
of the return on capital relative to differences in provider
firm size, and a determination of the return on providers'
capital in multiperil crop insurance relative to other
insurance coverage.
The study shall assess, to the extent practicable, the
potential for provider firm concentration in the multiperil
crop insurance industry and any economic distortions that
might occur from such concentration.
In conducting this study, the General Accounting Office
shall maintain the privacy of provider proprietary
information.
The General Accounting Office shall have full powers to
subpoena any required information from any provider firm.
Amendment, as modified, submitted by Mr. PENNY:
Page 6, line 13, insert the following new paragraph (and
redesignate subsequent paragraphs accordingly):
(1) in the matter preceding the paragraphs, by inserting
after ``1.1,'' the following: ``and on and after October 1,
1998, an overall projected loss ratio of not greater than
1.0,'';
Page 46, line 4, insert after ``operations,'' the
following: ``all other amounts collected by or on behalf of
the Corporation,''
Page 46, strike lines 10 through 12 and insert the
following:
``(c) Expenditures From Insurance Fund.--In such aggregate
amount as provided in advance in appropriation Acts, the
Corporation may use amounts in the insurance fund to pay the
following:
Page 11, strike lines 8 through 11 and insert the following
new paragraph:
(2) in subsection (c), by striking ``, in which case the
agent or broker'' in the first sentence and all that follows
through the period at the end of the second sentence and
inserting the following: ``, except that the reimbursement
rate established by the Board for such agents and brokers may
not exceed 30 percent of the premium for each new sale and
may not exceed 28 percent of the premium for the renewal of
an insurance policy for a successive term.'';
Page 17, line 12, strike ``indemnified at 60 percent'' and
insert ``indemnified at 56 percent''.
Page 18, strike line 7 and all that follows through line 7
on page 21, and insert the following new paragraph:
``(4) Application.--To participate in catastrophic risk
protection, producers shall submit an application at the
local office of the Department of Agriculture or to a private
insurance provider approved by the Corporation.
Page 21, line 13, strike ``$100 per producer per county.''
and insert ``$200 per producer per county up to a maximum of
$600 per producer for all counties in which a producer has
insured crops.''.
[[Page 1499]]
Page 21, strike lines 20 through 25 and insert the
following new subparagraph:
``(C) Deposit of fees.--Administrative fees collected by an
office of the Department of Agriculture or by a private
insurance provider shall be deposited in the crop insurance
fund established under section 516(b), to be available to the
Corporation in such amounts as provided in advance in
appropriation Acts.
Page 24, strike line 11 and all that follows through line
11 on page 25 and insert the following new paragraph:
``(2) Administrative fee required.--If a producer elects to
purchase buy-up coverage for a crop, the producer shall pay
an administrative fee for such buy-up coverage. Subsection
(b)(5) shall apply in determining the amount and use of the
administrative fee or in determining whether to waive the
administrative fee. If the producer has already paid the
administrative fee for catastrophic risk protection for the
same crop, the producer shall not be required to pay an
additional administrative fee for buy-up coverage for that
crop.
Page 29, line 3, insert after ``1.1'' the following: ``, on
and after October 1, 1995, and not greater than 1.0, on and
after October 1, 1998''.
Page 31, after line 4, add the following new paragraph:
``(4) Individual and area crop insurance coverage.--The
Corporation shall allow approved insurance providers to offer
to producers a plan of insurance that combines both
individual yield coverage and area yield coverage at a
premium rate determined by the provider, subject to the
following conditions:
``(A) The individual yield coverage shall be equal to or
greater than catastrophic risk protection, as described in
subsection (b).
``(B) The combined policy shall include area yield coverage
that is offered by the Corporation or similar area coverage,
as determined by the Corporation.
``(C) The Corporation shall provide reinsurance on the area
yield portion of the combined policy at the request of the
provider, except that the provider shall agree to pay to the
producer any portion of the area yield and loss indemnity
payment received from the Corporation or a commercial
reinsurer that exceeds the individual indemnity payment made
by the provider to the producer.
``(D) The Corporation shall pay a part of the premium
equivalent to--
``(i) the amount authorized under subsection (e)(2) (except
provisions regarding operating and administrative expenses);
and
``(ii) the amount of operating and administrative expenses
authorized by the Corporation for the area yield coverage
portion of the combined policy.
``(E) The provider shall provide all underwriting services
for the combined policy, including the determination of
individual yield coverage premium rates, the terms and
conditions of the policy, and the acceptance and
classification of applicants into risk categories, subject to
subparagraph (F).
``(F) The Corporation shall approve the combined policy
unless the Corporation determines that the policy is not
actuarially sound or that the interests of producers are not
adequately protected.''
Page 33, line 22, add after the period the following:
``Beginning with the 1995 crop year, the Corporation shall
establish for each insurable crop a sales closing date that
is 30 days earlier than the corresponding sales closing date
that was established for the 1994 crop year.''.
Page 53, after line 17, insert the following new paragraph:
``(4) Effect of contract payments.--A producer who receives
a guaranteed payment for production, as opposed to delivery,
of a crop pursuant to a contract shall have the production of
the producer adjusted upward by an amount equal to the
difference between--
``(A) the amount of the production corresponding to the
contract payment received; and
``(B) the amount of the production actually delivered by
the producer under the contract.
Page 55, after line 12, insert the following new
paragraphs:
``(4) Prohibition on assigned yields in certain counties.--
If the acreage of a crop in a county has increased by more
than 100 percent since the 1987 crop year, a producer who
produces that crop on a farm located in that county may not
obtain an assigned yield under paragraph (3). Instead, the
producer must provide detailed documentation of production
costs, acres planted, and yield (as required by the
Corporation) to become eligible for a noninsured assistance
payment.
``(5) Limitation on receipt of subsequent assigned yield.--
A producer who receives an assigned yield for the current
year of a natural disaster because required production
records were not submitted to the local office of the
Department shall not be eligible for an assigned yield for
the year of the next natural disaster unless the required
production records of the previous 1 or more years (as
applicable) are provided to the local office.
``(6) Yield variations due to different farming
practices.--The Corporation shall ensure that noninsured crop
disaster assistance accurately reflects significant yield
variations due to different farming practices, such as
between irrigated and nonirrigated acreage.
Page 55, line 18, add after the period the following: ``A
producer who makes a claim for payment under this section
shall be responsible for an administrative fee of $50, which
shall be deducted from the payment made to the producer.''
Page 63, strike line 6 and all that follows through line 5
on page 65.
It was decided in the
Yeas
253
<3-line {>
affirmative
Nays
156
Para. 91.8 [Roll No. 377]
AYES--253
Abercrombie
Allard
Bachus (AL)
Baesler
Baker (CA)
Barcia
Barlow
Barrett (NE)
Bartlett
Barton
Bateman
Becerra
Bentley
Bereuter
Bevill
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Borski
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Callahan
Camp
Canady
Castle
Chapman
Clayton
Clinger
Clyburn
Coleman
Collins (GA)
Combest
Conyers
Cooper
Cramer
Crapo
Danner
de la Garza
DeLay
Derrick
Dickey
Dicks
Dingell
Dooley
Doolittle
Dornan
Dreier
Dunn
Edwards (TX)
Ehlers
Emerson
English
Everett
Ewing
Faleomavaega (AS)
Fazio
Fields (LA)
Fields (TX)
Filner
Fish
Ford (MI)
Fowler
Franks (NJ)
Frost
Furse
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Grams
Grandy
Hall (TX)
Hamburg
Hamilton
Hansen
Hastert
Hastings
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoke
Holden
Houghton
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Kanjorski
Kasich
Kennedy
Kennelly
Kim
King
Kingston
Klink
Kopetski
LaFalce
Lambert
Lancaster
LaRocco
Laughlin
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lloyd
Long
Lucas
Manton
Manzullo
Martinez
Matsui
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McKeon
McNulty
Meek
Menendez
Meyers
Michel
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Murtha
Neal (MA)
Neal (NC)
Nussle
Olver
Ortiz
Oxley
Parker
Paxon
Payne (VA)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Portman
Price (NC)
Pryce (OH)
Quillen
Rahall
Ravenel
Richardson
Ridge
Roberts
Roemer
Rogers
Rose
Rowland
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Scott
Serrano
Shuster
Sisisky
Skeen
Skelton
Slattery
Smith (IA)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stenholm
Strickland
Stupak
Swett
Swift
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Volkmer
Vucanovich
Walker
Walsh
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Young (AK)
Young (FL)
Zeliff
NOES--156
Ackerman
Andrews (ME)
Andrews (NJ)
Applegate
Archer
Armey
Barca
Barrett (WI)
Beilenson
Bilbray
Byrne
Cantwell
Cardin
Carr
Clay
Coble
Collins (IL)
Collins (MI)
Condit
Coppersmith
Costello
Cox
Coyne
Crane
Cunningham
Deal
DeLauro
Dellums
Deutsch
Dixon
Duncan
Durbin
Edwards (CA)
Engel
Eshoo
Evans
Farr
Fawell
Fingerhut
Flake
Frank (MA)
Franks (CT)
Gallo
Gejdenson
Goss
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hancock
Harman
Hefley
Hoekstra
Horn
Hoyer
Inslee
Jacobs
Johnson (CT)
Johnston
Kaptur
Kildee
Kleczka
Klein
Klug
Knollenberg
Kolbe
Kreidler
Kyl
Lantos
Lazio
Lewis (GA)
Lowey
Maloney
Mann
Margolies-Mezvinsky
Markey
Mazzoli
McCandless
McCloskey
McDermott
McInnis
McKinney
McMillan
Meehan
Mfume
Mica
Miller (CA)
Miller (FL)
Mineta
Moorhead
Moran
Morella
Myers
Nadler
Norton (DC)
Oberstar
Obey
Orton
Owens
Packard
Pallone
Pastor
Payne (NJ)
Pelosi
Penny
Peterson (FL)
Petri
Porter
Poshard
Quinn
Ramstad
Rangel
Reed
Regula
Reynolds
Rohrabacher
Rostenkowski
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schroeder
Schumer
Sensenbrenner
Sharp
Shays
Shepherd
Skaggs
Slaughter
Smith (MI)
Stark
Stearns
Stokes
Studds
Stump
Thomas (CA)
Torres
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Waters
[[Page 1500]]
Watt
Waxman
Weldon
Wyden
Yates
Zimmer
NOT VOTING--30
Andrews (TX)
Bacchus (FL)
Baker (LA)
Ballenger
Berman
Bonior
Boucher
Calvert
Clement
Darden
de Lugo (VI)
DeFazio
Diaz-Balart
Foglietta
Ford (TN)
Gallegly
Gephardt
Goodling
Gordon
Green
Hayes
Lipinski
Machtley
Murphy
Romero-Barcelo (PR)
Ros-Lehtinen
Shaw
Sundquist
Synar
Washington
So the substitute amendment for the amendment, as modified, was agreed
to.
Para. 91.9 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the foregoing amendment, as amended, submitted by Mr.
PENNY.
It was decided in the
Yeas
401
<3-line {>
affirmative
Nays
1
Para. 91.10 [Roll No. 378]
AYES--401
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Borski
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
de la Garza
Deal
DeLauro
DeLay
Dellums
Derrick
Deutsch
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Faleomavaega (AS)
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Ford (MI)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goss
Grams
Grandy
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Livingston
Long
Lowey
Lucas
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Spence
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Swett
Swift
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--1
Applegate
NOT VOTING--37
Andrews (TX)
Bacchus (FL)
Baker (LA)
Ballenger
Berman
Bonior
Boucher
Calvert
Clement
Darden
de Lugo (VI)
DeFazio
Diaz-Balart
Foglietta
Ford (TN)
Gallegly
Goodling
Gordon
Green
Hayes
Lipinski
Lloyd
Machtley
McNulty
Miller (CA)
Murphy
Quillen
Romero-Barcelo (PR)
Ros-Lehtinen
Shaw
Solomon
Spratt
Sundquist
Synar
Torkildsen
Washington
Wheat
So the amendment, as amended, was agreed to.
The SPEAKER pro tempore, Mr. RICHARDSON, assumed the Chair.
When Mr. CARDIN, Chairman, pursuant to House Resolution 507, reported
the bill back to the House with an amendment adopted by the Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE, TABLE OF CONTENTS, AND DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Federal
Crop Insurance Reform Act of 1994''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title, table of contents, and definitions.
Sec. 2. Members of Board of Directors of Federal Crop Insurance
Corporation.
Sec. 3. General powers of Corporation.
Sec. 4. Personnel.
Sec. 5. General authority to offer crop insurance.
Sec. 6. Catastrophic risk protection, buy-up levels, premiums, and
yield determinations.
Sec. 7. Preparation of policies, claims, and reinsurance.
Sec. 8. Authorization of appropriations and crop insurance fund.
Sec. 9. Advisory Committee.
Sec. 10. Noninsured crop disaster assistance.
Sec. 11. Crop insurance requirements under price support programs.
Sec. 12. Elimination of gender references.
Sec. 13. GAO crop insurance provider study.
Sec. 14. Effective date.
(c) Definitions.--Section 502 of the Federal Crop Insurance
Act (7 U.S.C. 1502) is amended--
(1) by striking the section heading and ``Sec. 502.'' and
inserting the following:
``SEC. 502. PURPOSE AND DEFINITIONS.
``(a) Purpose.--''; and
(2) by adding at the end the following new subsection:
``(b) Definitions.--For purposes of this title:
``(1) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(2) Corporation.--The term `Corporation' means the
Federal Crop Insurance Corporation established under section
503.
``(3) Board.--The term `Board' means the Board of Directors
of the Corporation established under section 505(a).
``(4) Loss ratio.--The term `loss ratio' means the ratio of
all sums paid by the Corporation as indemnities under all
crop insurance policies to that of the premiums designated
for anticipated losses and a reasonable reserve, not
including the portion of the premiums designated for
operating and administrative expenses.
``(5) Transitional yield.--The term `transitional yield'
means the maximum average production per acre or equivalent
measure that is assigned to acreage for a crop year by the
Corporation in accordance with its regulations whenever the
producer fails--
``(A) to certify that acceptable documentation of
production and acreage for that crop year is in the
producer's possession; or
``(B) to present such acceptable documentation upon the
demand of the Corporation or an insurance company reinsured
by the Corporation.''.
(d) Conforming Amendments.--The Federal Crop Insurance Act
(7 U.S.C. 1501 et seq.) is amended--
(1) in section 503 (7 U.S.C. 1503), by striking ``(herein
called the Corporation)''; and
(2) in section 505(a) (7 U.S.C. 1505(a)), by striking
``(hereinafter called the `Board')''.
[[Page 1501]]
SEC. 2. MEMBERS OF BOARD OF DIRECTORS OF FEDERAL CROP
INSURANCE CORPORATION.
Section 505(a) of the Federal Crop Insurance Act (7 U.S.C.
1505(a)) is amended in the second sentence--
(1) by striking ``or Assistant Secretary'' the first place
it appears; and
(2) by striking ``the Under Secretary or Assistant
Secretary of Agriculture responsible for the farm credit
programs of the Department of Agriculture'' and inserting
``one additional Under Secretary of Agriculture (as
designated by the Secretary of Agriculture)''.
SEC. 3. GENERAL POWERS OF CORPORATION.
(a) Claims Settlement.--Section 506 of the Federal Crop
Insurance Act (7 U.S.C. 1506) is amended--
(1) by redesignating subsections (j), (k), (l), (m), and
(n) as subsections (k), (l), (m), (n), and (o), respectively;
and
(2) by inserting after subsection (i) the following new
subsection:
``(j) Claims Settlement.--The Corporation shall have the
authority to make final and conclusive settlement and
adjustment of any claims made by or against the Corporation
or the accounts of its fiscal officers.''.
(b) Regulations; Preemption.--Subsection (e) of such
section is amended--
(1) by striking ``governing'' and inserting ``to carry out
this title and to govern''; and
(2) by adding at the end the following new sentence:
``State and local laws or rules shall not apply to rules and
regulations adopted by the Corporation to the extent that
such rules and regulations so provide or to the extent that
State and local laws or rules are inconsistent with such
rules and regulations.''.
(c) Definition of Substantial Beneficial Interest.--
Subsection (m) of such section (as redesignated by subsection
(a)(1)) is amended in paragraph (4) by striking ``5 percent''
and inserting ``10 percent''.
(d) Penalty for False Information.--Subsection (n) of such
section (as redesignated by subsection (a)(1)) is amended in
paragraph (1) by striking subparagraph (B) and inserting the
following new subparagraph:
``(B) disqualify the person--
``(i) from purchasing catastrophic risk protection under
section 508(b) or participating in the noninsured assistance
program under section 519 for a period not to exceed 2 years;
and
``(ii) from receiving any other benefit under this title
for a period not to exceed 10 years.''.
(e) Actuarial Soundness.--Subsection (o) of such section
(as redesignated by subsection (a)(1)) is amended--
(1) in paragraph (1), by striking ``beginning farmers from
obtaining adequate Federal crop insurance, as determined by
the Corporation'' and inserting ``beginning farmers, as
determined by the Secretary, from obtaining Federal crop
insurance'';
(2) in paragraph (3), by striking ``and'' at the end of the
paragraph;
(3) by redesignating paragraph (4) as paragraph (5); and
(4) by inserting after paragraph (3) the following new
paragraph:
``(4) establishing a database that contains social security
numbers or employee identification numbers of insurance
agents and adjusters and using the numbers to identify agents
and adjusters who are high risk for actuarial purposes, and
for other purposes permitted by law; and''.
(f) Regulatory and Paperwork Reduction.--Such section is
further amended by adding at the end the following new
subsection:
``(p) Regulatory and Paperwork Reduction.--
``(1) Catastrophic risk protection.--In developing and
carrying out the policies and procedures for catastrophic
risk protection under section 508(b), the Corporation shall
minimize, to the maximum extent practicable, the paperwork
required and the complexity and costs of procedures governing
the application for, and the processing and servicing of,
catastrophic risk protection.
``(2) Other plans.--To the extent that the policies and
procedures developed under paragraph (1) may be applied to
other plans of insurance offered under this title without
jeopardizing the actuarial soundness or integrity of the crop
insurance program under this title, the Corporation shall
apply the policies and procedures to the other plans of
insurance within a reasonable period of time (as determined
by the Corporation) after the effective date of this
paragraph.
``(3) Solicitation of cost information and cost-reduction
proposals.--
``(A) Cost information.--The Corporation shall solicit from
private insurance providers and agents information
regarding--
``(i) their average cost per policy of complying with
requirements, regulations, procedures, and processes under
this title; and
``(ii) the data upon which such costs are determined.
``(B) Cost-reduction proposals.--The Corporation shall also
solicit from private insurance providers and agents proposals
for modifying or altering the requirements, regulations,
procedures, and processes under this title to reduce their
total average cost per policy.
``(C) Report.--By June 1, 1995, the Corporation shall
submit a report to Congress containing the information
received under subparagraph (A) and an evaluation of the
cost-reduction proposals received under subparagraph (B).
``(4) Cost reduction plan.--
``(A) Plan required.--Subject to the condition that the
Corporation maintain the integrity of the crop insurance
program under this title, the Corporation shall include in
the report required under paragraph (3) a plan to reduce the
average cost per policy incurred by private insurance
providers and agents to comply with requirements,
regulations, procedures, and processes under this title. To
the extent practicable, the Corporation shall set a target
percentage by which such costs should be reduced.
``(B) Implementation of plan.--Not later than 60 days after
submitting the report required under paragraph (3), and in
accordance with the plan contained in the report, the
Corporation shall adopt such measures consistent with
maintaining the integrity of the crop insurance program under
this title as the Corporation determines are appropriate--
``(i) to improve Corporation liaison with policyholders and
private insurance providers; and
``(ii) to reduce the average cost per policy to meet the
target percentage set by the Corporation.''.
(g) Improved Program Compliance.--Such section is further
amended by inserting after subsection (p) (as added by
subsection (f)) the following new subsection:
``(q) Program Compliance.--
``(1) Timeliness.--The Corporation shall work actively with
private insurance providers to address program compliance and
integrity issues as such issues develop.
``(2) Notification of compliance problems.--The Corporation
shall notify in writing any private insurance provider with
whom the Corporation has an agreement under this title of any
error, omission, or failure to follow Corporation regulations
or procedures for which the private insurance provider may be
responsible and which may result in a debt owed the
Corporation. Such notice shall be given within 3 years of the
end of the insurance period during which the error, omission,
or failure is alleged to have occurred, except that such time
limit shall not apply with respect to errors, omissions, or
procedural violations that are willful or intentional. The
failure to timely provide the notice required under this
subsection shall relieve the private insurance provider from
the debt owed the Corporation.''.
SEC. 4. PERSONNEL.
Section 507 of the Federal Crop Insurance Act (7 U.S.C.
1507) is amended--
(1) in subsection (a), by striking ``, and county crop
insurance committeemen'';
(2) in subsection (c), by striking ``, in which case the
agent or broker'' in the first sentence and all that follows
through the period at the end of the second sentence and
inserting the following: ``, except that the rate established
by the Board to reimburse approved insurance providers and
agents for their administrative and operating costs shall not
exceed, for the 1997 crop year, 29 percent of the premium
used to define loss ratio under section 502, and for the 1998
and 1999 crops, such reimbursement rate shall not exceed 28
percent of the premium used to define loss ratio under
section 502. Consistent with the provisions of section
506(p), the Board shall provide regulatory relief to such
approved insurance providers and agents in an amount
proportional to the reduction in the reimbursement rate
established by the Board for the 1997, 1998, and 1999 crop
years. No action shall be taken which would jeopardize
program integrity, enhance opportunities for fraud or abuse,
hinder program expansion or diminish quality of service to
customers.'';
(3) in subsection (d), by striking ``, except that'' and
all that follows through the period at the end of the
subsection and inserting a period; and
(4) by adding at the end the following new subsection:
``(g) Specialty Crops Coordinator.--The Corporation shall
establish a senior-level position to be known as the
Specialty Crops Coordinator. The Specialty Crops Coordinator
shall have primary responsibility for addressing the needs of
specialty crop producers and for providing information and
advice in connection with the Corporation's activities to
improve and expand the insurance program for specialty crops.
In carrying out such responsibility, the Specialty Crops
Coordinator shall act as the Corporation's liaison with
representatives of specialty crop producers and provide the
Corporation with the producers' knowledge, expertise, and
familiarity with risk management and production issues
pertaining to specialty crops. The Specialty Crops
Coordinator shall also use information collected from
Corporation field office directors in States in which
specialty crops have a significant economic effect and from
other sources, including the extension service and colleges
and universities.''.
SEC. 5. GENERAL AUTHORITY TO OFFER CROP INSURANCE.
(a) General Authority to Offer Insurance.--Subsection (a)
of section 508 of the Federal Crop Insurance Act (7 U.S.C.
1508) is amended to read as follows:
``(a) Authority To Offer Insurance.--
``(1) General authority and losses covered.--If sufficient
actuarial data are available, as determined by the Board, the
Corporation may insure (or provide reinsurance for insurers
of) producers of agricultural commodities grown in the United
States under any plan or plans of insurance determined by the
Board to be adapted to the agricultural commodity involved.
To qualify for coverage under these plans of insurance, the
losses of the insured commodity shall be due to drought,
flood, or other natural disaster, as determined by the
Secretary.
[[Page 1502]]
``(2) Period of coverage.--Except in the case of tobacco,
insurance shall not extend beyond the period the insured
commodity is in the field. For the purpose of the foregoing
sentence, in the case of aquacultural species, the term
`field' means the environment in which the commodity is
produced.
``(3) Exclusions.--Insurance provided under this section
shall not cover losses--
``(A) due to the neglect or malfeasance of the producer;
``(B) due to the failure of the producer to reseed to the
same crop in those areas and under such circumstances where
it is customary to reseed; or
``(C) due to the failure of the producer to follow good
farming practices, as determined by the Corporation.
``(4) Expansion to other areas or single producers.--
``(A) Area expansion.--The Corporation may offer plans of
insurance or reinsurance for production of agricultural
commodities in the Commonwealth of Puerto Rico, the Virgin
Islands of the United States, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and the Trust
Territory of the Pacific Islands in the same manner as
provided in this section for production of agricultural
commodities in the United States.
``(B) Producer expansion.--In areas in the United States or
specified in subparagraph (A) where crop insurance is not
available for a particular agricultural commodity, the
Corporation may offer to enter into a written agreement with
an individual producer operating in that area for insurance
coverage under this title if the producer has actuarially
sound data relating to the producer's production of that
commodity and such data is acceptable to the Corporation.
``(5) Dissemination of crop insurance information.--The
Corporation shall make available to producers through local
offices of the Department of Agriculture--
``(A) current and complete information on all aspects of
Federal crop insurance; and
``(B) a listing of insurance agents and companies offering
to sell crop insurance in their area.
``(6) Addition of new and specialty crops.--
``(A) Data collection.--Not later than 6 months after the
date of the enactment of this paragraph, the Secretary shall
issue guidelines for publication in the Federal Register for
data collection to assist the Corporation in formulating crop
insurance policies for new and specialty crops.
``(B) Addition of new crops.--Not later than 1 year after
the date of the enactment of this paragraph, and annually
thereafter, the Corporation shall report to Congress on the
progress and expected timetable for expanding crop insurance
coverage under this title to new and specialty crops.
``(C) Addition of direct sale perishable crops.--Not later
than 1 year after the date of the enactment of this
paragraph, the Corporation shall report to Congress on the
feasibility of offering a crop insurance program designed to
meet the needs of specialized producers of vegetables and
other perishable crops who market through direct marketing
channels.''.
(b) Report on Improving Dissemination of Crop Insurance
Information.--Not later than 6 months after the date of the
enactment of this Act, the Federal Crop Insurance Corporation
shall submit a report to Congress containing a plan to
implement a sound program for producer education regarding
the crop insurance program and for the dissemination of crop
insurance information to producers, as required by section
508(a)(5) of the Federal Crop Insurance Act. Subsequent
reports on the progress of the implementation of the program
shall be submitted to Congress in 1996 and 1997.
SEC. 6. CATASTROPHIC RISK PROTECTION, BUY-UP COVERAGE,
PREMIUMS, AND YIELD DETERMINATIONS.
(a) In General.--Section 508 of the Federal Crop Insurance
Act (7 U.S.C. 1508) is amended--
(1) by striking subsections (c), (e), (f), (g), (h), (i),
(l), (m), and (n);
(2) by redesignating subsections (b) and (d) as subsections
(h) and (i), respectively; and
(3) by inserting after subsection (a) the following new
subsections:
``(b) Catastrophic Risk Protection.--
``(1) Catastrophic risk protection required.--The
Corporation shall offer to producers of agricultural
commodities grown in the United States a catastrophic risk
protection plan to indemnify a producer for crop losses due
to loss of yield or prevented planting resulting from
drought, flood, or other natural disaster, as determined by
the Secretary, if the producer is unable to plant other crops
for harvest on that acreage for that crop year.
``(2) Amount of coverage.--
``(A) In general.--Subject to subparagraph (B), under
catastrophic risk protection, the Corporation shall offer
producers--
``(i) coverage equal to 50 percent loss in yield
(determined on an area or individual yield basis as described
in subsection (g)) indemnified at 60 percent of the expected
market price of the commodity (as determined by the
Corporation); or
``(ii) other coverage established by the Corporation that
is comparable to the coverage described in clause (i).
``(B) Reduction in actual payment.--The amount paid to a
producer on a claim under catastrophic risk protection may
reflect a reduction that is proportional to the out-of-pocket
expenses that are not incurred by the producer as a result of
not planting, growing, or harvesting the crop for which the
claim is made, as determined by the Corporation.
``(3) Yield and loss basis.--Producers shall have the
option of purchasing catastrophic risk protection based on
either an individual yield and loss basis or on an area yield
and loss basis, as described in subsection (g), when both
options are offered by the Corporation.
``(4) Application.--To participate in catastrophic risk
protection, producers shall submit an application at the
local office of the Department of Agriculture or to a private
insurance provider approved by the Corporation.
``(5) Administrative fee.--
``(A) Fee required.--Producers shall pay an administrative
fee for catastrophic risk protection. The administrative fee
for each producer shall be $50 per crop per county, but not
to exceed $200 per producer per county up to a maximum of
$600 per producer for all counties in which a producer has
insured crops. The administrative fee shall be paid by the
producer at the time the producer applies for catastrophic
risk protection.
``(B) Waiver of fee.--The Corporation shall waive the
administrative fee for limited resource farmers, as defined
by the Corporation.
``(C) Use of fees.--There are authorized to be appropriated
from fees required under subparagraph (A) such sums as may be
necessary for operating and administrative expenses incurred
for the delivery of catastrophic risk protection.
``(6) Coverage of all crops.--To be eligible for benefits
under any commodity price support, production adjustment, or
conservation program administered by the Department of
Agriculture, or for the farmer loan programs of the Farmers
Home Administration or any successor of that agency, a
producer must obtain at least catastrophic risk protection
for each crop of economic significance produced on each farm
in any county in which the producer has an interest, if
insurance is available in the county for those crops. For
purposes of this paragraph, the term `crop of economic
significance' means a crop that has contributed, or is
expected to contribute, 10 percent or more of the total
expected value of all crops grown by the producer.
``(7) Coverage under one policy.--If a producer applies for
catastrophic risk protection for a crop produced by the
producer in a county, the producer shall be required to
secure such protection under a single policy.
``(8) Authority to limit catastrophic risk protection.--The
Board may limit the availability of catastrophic risk
protection in any county or area, or on any farm, on the
basis of the insurance risk involved.
``(9) Transitional coverage for 1995 crops.--Effective only
for the 1995 crops and for which the sales period for crop
insurance expires before the date of the enactment of the
Federal Crop Insurance Reform Act of 1994, the Corporation
shall allow producers of such crops until at least the end of
the 6-month period beginning on such date to obtain
catastrophic risk protection for such crops. Upon the
enactment of such Act, producers who made timely purchases of
a crop insurance policy before the date of the enactment of
such Act, under the provisions then in effect, shall be
eligible for the same benefits to which a producer would be
entitled under comparable buy-up coverage under subsection
(c).
``(c) Coverage Levels Greater Than Catastrophic Risk
Protection.--
``(1) Buy-up coverage generally.--The Corporation shall
offer to producers of agricultural commodities grown in the
United States plans of crop insurance providing levels of
coverage greater than that available under catastrophic risk
protection under subsection (b). Plans of insurance under
this subsection shall be known as `buy-up coverage'.
Producers shall apply to private insurance providers approved
by the Corporation for purchase of buy-up coverage if such
coverage is available from private insurance providers. If
buy-up coverage is unavailable privately, the Corporation may
offer buy-up coverage plans of insurance directly to
producers. If a producer applies for catastrophic risk
protection at an office of the Department of Agriculture but
then elects to purchase buy-up coverage under this
subsection, the insurance file for that producer shall be
transferred to the approved private insurance provider
servicing the buy-up coverage policy.
``(2) Administrative fee.--
``(A) Fee required.--If a producer elects to purchase buy-
up coverage for a crop at a level less than 65 percent of the
recorded or appraised average yield indemnified at 100
percent of the expected market price, or an equivalent
coverage, the producer shall pay an administrative fee for
such buy-up coverage. Subsection (b)(5) shall apply in
determining the amount and use of the administrative fee or
in determining whether to waive the administrative fee.
``(B) Exception.--If a producer elects to purchase buy-up
coverage for a crop equal to 65 percent or more of the
recorded or appraised average yield indemnified at 100
percent of the expected market price, or an equivalent
coverage, the producer shall not be subject to the
administrative fee required by this paragraph or subsection
(b)(5). If the producer has already paid the administrative
fee for a lower level of coverage for that crop, the
administrative fee shall be refunded to the producer unless
the refund would reduce to less than $200 the total amount of
the administrative fees paid by the producer for 2 or more
crops in the same
[[Page 1503]]
county for which a lower level of coverage is obtained.
``(3) Yield and loss basis.--Producers shall have the
option of purchasing buy-up coverage based on either an
individual yield and loss basis or on an area yield and loss
basis, as described in subsection (g), when both options are
offered by the Corporation.
``(4) Yield elections.--Yield coverage shall be made
available to the producer on the basis of any yield election
that equals or is less than 85 percent of the individual
yield or 95 percent of the area yield, as determined by the
Corporation.
``(5) Price levels.--
``(A) In general.--The Corporation shall establish a price
level for each commodity on which buy-up coverage is offered
that--
``(i) shall not be less than the expected market price for
the commodity, as determined by the Corporation; or
``(ii) at the discretion of the Corporation, may be based
on the actual market price at the time of harvest, as
determined by the Corporation.
``(B) Special rule for malting barley.--For malting barley
covered by a contract between a producer and a processor, the
Corporation may offer a plan of insurance that allows the
producer to select the contract price as the price election
if--
``(i) the contract is definite as to the quantity and the
price;
``(ii) the producer submits a copy of the contract with the
application for insurance prior to the sales closing date for
the crop;
``(iii) coverage does not exceed the quantity contained in
the contract;
``(iv) the contracted quantity does not exceed the
production guarantee;
``(v) the contract is usual and customary in form and
content for the area;
``(vi) the processor is completely independent from the
producer; and
``(vii) the processor does not have an insurable interest
in the crop.
``(6) Price elections.--Subject to paragraph (10),
insurance coverage shall be made available to the producer on
the basis of any price election that equals or is less than
that established by the Board.
``(7) Level of coverage.--Not later than the beginning of
the 1996 crop year, the level of coverage shall be quoted in
terms of dollars per acre.
``(8) Reduction in actual payment.--The amount paid to a
producer on a claim under buy-up coverage may reflect a
reduction that is proportional to the out-of-pocket expenses
that are not incurred by the producer as a result of not
planting, growing, or harvesting the crop for which the claim
is made, as determined by the Corporation.
``(9) Fire and hail coverage.--For levels of buy-up
coverage equal to 65 percent or more of the recorded or
appraised average yield indemnified at 100 percent of the
expected market price, or an equivalent coverage, the
producer may elect to delete from the buy-up coverage any
coverage against damage caused by fire and hail if the
producer obtains an equivalent or greater dollar amount of
coverage for damage caused by fire and hail from a private
insurance provider. Upon written notice of such election to
the company issuing the policy providing buy-up coverage and
submission of evidence of substitute coverage on the
commodity insured, the producer's premium shall be reduced by
an amount determined by the Corporation to be actuarially
appropriate, taking into account the actuarial value of the
remaining coverage provided by the Corporation. In no event
shall the producer be given credit for an amount of premium
determined to be greater than the actuarial value of the
protection against losses caused by fire and hail that is
included in the buy-up coverage for the crop.
``(10) Limitations on buy-up coverage.--The Board may limit
the availability of buy-up coverage under this subsection in
any county or area, or on any farm, on the basis of the
insurance risk involved. The Board shall not offer buy-up
coverage equal to less than 50 percent of the recorded or
appraised average yield indemnified at 100 percent of the
expected market price, or an equivalent coverage.
``(d) Premiums.--
``(1) Premiums required.--The Corporation shall fix
adequate premiums for all its plans of insurance at such
rates as the Board deems actuarially sufficient to attain an
expected loss ratio of not greater than 1.1.
``(2) Premium amounts.--The premium amounts for
catastrophic risk protection under subsection (b) and buy-up
coverage under subsection (c) shall be fixed as follows:
``(A) In the case of catastrophic risk protection, the
amount of the premium shall be sufficient to cover
anticipated losses and a reasonable reserve.
``(B) In the case of buy-up coverage below 65 percent of
the recorded or appraised average yield indemnified at 100
percent of the expected market price, or an equivalent
coverage, but greater than 50 percent of the recorded or
appraised average yield indemnified at 100 percent of the
expected market price, or an equivalent coverage, the amount
of the premium shall--
``(i) be sufficient to cover anticipated losses and a
reasonable reserve; and
``(ii) include an amount for operating and administrative
expenses, as determined by the Corporation, that is less than
the amount established for coverage at 65 percent of the
recorded or appraised average yield indemnified at 100
percent of the expected market price, or an equivalent
coverage.
``(C) In the case of buy-up coverage equal to or greater
than 65 percent of the recorded or appraised average yield
indemnified at 100 percent of the expected market price, or
an equivalent coverage, the amount of the premium shall--
``(i) be sufficient to cover anticipated losses and a
reasonable reserve; and
``(ii) include an amount for operating and administrative
expenses, as determined by the Corporation, on an industry-
wide basis as a percent of the amount of the premium used to
define loss ratio under section 502.
``(3) Premium reduction.--If a private insurance provider
determines that it may provide insurance more efficiently
than the expense reimbursement amount established by the
Corporation, the private insurance provider may reduce,
subject to the approval of the Corporation, the premium
charged the insured by an amount corresponding to such
efficiency. The private insurance provider shall apply to the
Corporation for authority to reduce the premium before making
such a reduction, and the reduction shall be subject to the
rules, limitations, and procedures established by the
Corporation.
``(4) Individual and area crop insurance coverage.--The
Corporation shall allow approved insurance providers to offer
to producers a plan of insurance that combines both
individual yield coverage and area yield coverage at a
premium rate determined by the provider, subject to the
following conditions:
``(A) The individual yield coverage shall be equal to or
greater than catastrophic risk protection, as described in
subsection (b).
``(B) The combined policy shall include area yield coverage
that is offered by the Corporation or similar area coverage,
as determined by the Corporation.
``(C) The Corporation shall provide reinsurance on the area
yield portion of the combined policy at the request of the
provider, except that the provider shall agree to pay to the
producer any portion of the area yield and loss indemnity
payment received from the Corporation or a commercial
reinsurer that exceeds the individual indemnity payment made
by the provider to the producer.
``(D) The Corporation shall pay a part of the premium
equivalent to--
``(i) the amount authorized under subsection (e)(2) (except
provisions regarding operating and administrative expenses);
and
``(ii) the amount of operating and administrative expenses
authorized by the Corporation for the area yield coverage
portion of the combined policy.
``(E) The provider shall provide all underwriting services
for the combined policy, including the determination of
individual yield coverage premium rates, the terms and
conditions of the policy, and the acceptance and
classification of applicants into risk categories, subject to
subparagraph (F).
``(F) The Corporation shall approve the combined policy
unless the Corporation determines that the policy is not
actuarially sound or that the interests of producers are not
adequately protected.''.
``(e) Payment of Portion of Premium by Corporation.--
``(1) In general.--For the purpose of encouraging the
broadest possible participation of producers in the
catastrophic risk protection provided under subsection (b)
and the buy-up coverage provided under subsection (c), the
Corporation shall pay a part of the premium in the amounts
provided in this subsection.
``(2) Amount of payment.--The amount of the premium to be
paid by the Corporation shall be as follows:
``(A) In the case of catastrophic risk protection, the
amount shall be equivalent to the premium established for
catastrophic risk protection under subsection (d)(2)(A).
``(B) In the case of coverage below 65 percent of the
recorded or appraised average yield indemnified at 100
percent of the expected market price, or an equivalent
coverage, but greater than 50 percent of the recorded or
appraised average yield indemnified at 100 percent of the
expected market price, or an equivalent coverage, the amount
shall be equivalent to the amount of premium established for
catastrophic risk protection coverage and the amount of
operating and administrative expenses established under
subsection (d)(2)(B).
``(C) In the case of coverage equal to or greater than 65
percent of the recorded or appraised average yield
indemnified at 100 percent of the expected market price, or
an equivalent coverage, on an individual or area basis, the
amount shall be equivalent to an amount equal to the premium
established for 50 percent loss in yield indemnified at 75
percent of the expected market price and the amount of
operating and administrative expenses established under
subsection (d)(2)(C).
``(3) State subsidy authorized.--The Board may enter into
agreements with any State or agency of a State under which
the State or agency may pay to the approved insurance
provider an additional premium subsidy to further reduce the
portion of the premium paid by producers in the State.
``(f) Eligibility Requirements.--
``(1) Persons eligible.--Except as otherwise provided in
this title, no producer may be denied insurance under this
section if the producer meets the definition of person, as
defined by the Secretary. In the case of plans of insurance
under this title other than catastrophic risk protection, the
definition of person shall include a producer who is over 18
years of age or older and has a bona fide insurable interest
in a crop as an owner, owner-operator, landlord, tenant, or
sharecropper.
``(2) Sales closing date.--A producer who desires to obtain
catastrophic risk protec-
[[Page 1504]]
tion under subsection (b) or buy-up coverage under subsection
(c) for a crop shall submit an application by the sales
closing date for the crop. The Corporation shall establish
sales closing dates to maximize convenience to producers in
obtaining benefits under commodity price support and
production adjustment programs of the Department whenever
feasible; except that, in establishing such dates, the
Corporation shall ensure that the goal of actuarial soundness
for the crop insurance program under this title is met.
Beginning with the 1995 crop year, the Corporation shall
establish for each insurable crop a sales closing date that
is 30 days earlier than the corresponding sales closing date
that was established for the 1994 crop year.
``(3) Records and reporting.--To obtain catastrophic risk
protection under subsection (b) or buy-up coverage under
subsection (c), a producer shall--
``(A) provide, to the extent required by the Corporation,
records acceptable to the Corporation of historical acreage
and production of the crops for which the insurance is sought
or accept a yield determined by the Corporation; and
``(B) report acreage planted and prevented from planting by
the designated acreage reporting date for that crop and
location as established by the Corporation.
``(4) Limitation on multiple benefits for same loss.--If a
producer who is eligible to receive benefits under
catastrophic risk protection under subsection (b) or
noninsured crop disaster assistance under section 519 is also
eligible to receive assistance for the same loss under any
other program administered by the Secretary, the producer
shall be required to elect whether to receive benefits under
this title or under such other program, but not both. A
producer who purchases buy-up coverage under subsection (c)
may also receive assistance for the same loss under other
programs administered by the Secretary, except that the
amount received for the loss under the buy-up coverage
together with the amount received under such other programs
may not exceed the amount of the producer's actual loss.
``(g) Yield Coverage Determinations.--
``(1) In general.--The Corporation shall implement crop
insurance underwriting rules that ensure that yield coverage,
as specified in this subsection, is provided to eligible
producers obtaining catastrophic risk protection under
subsection (b) or buy-up coverage under subsection (c).
``(2) Individual yield basis.--
``(A) Actual production history.--The Corporation shall
determine yield coverage using the producer's actual
production history over a period of not less than the 4
previous consecutive crop years and not more than 10
consecutive crop years. Subject to subparagraph (B), the
yield for insurance purposes for the year for which insurance
is sought shall be equal to the average of the producer's
actual production history during the period considered.
``(B) Assignment of yield.--Except as provided in
subparagraphs (C) and (D), if a producer does not submit
adequate documentation of production history to determine
crop yield under subparagraph (A), the Corporation shall
assign to the producer a yield equal to not less than 65
percent of the transitional yield of the producer (adjusted
to reflect actual production reflected in the records
acceptable to the Corporation for continuous years), as
specified in regulations issued by the Corporation based on
production history requirements.
``(C) Pilot program of assigned yields for new producers.--
``(i) Program required.--For each of the 1995 and 1996 crop
years, the Corporation shall carry out a pilot program to
assign to eligible new producers higher assigned yields than
would otherwise be assigned to such producers under
subparagraph (B). The Corporation shall include in the pilot
program 30 counties that are determined by the Corporation to
be adequate to provide a comprehensive evaluation of the
feasibility, effectiveness, and demand among new producers
for increased assigned yields.
``(ii) Increased assigned yields.--In the case of an
eligible new producer participating in the pilot program, the
Corporation shall assign to the new producer a yield equal to
not less than 110 percent of the transitional yield otherwise
established by the Corporation.
``(iii) Eligible new producer.--The Secretary shall
establish a definition of new producer for purposes of
determining eligibility to participate in the pilot program.
``(D) Alternative assigned yields for producers of feed or
forage.--
``(i) Feed or forage yields.--For the first crop year for
which an eligible producer described in clause (ii) obtains
catastrophic risk protection under subsection (b) or buy-up
coverage under subsection (c) for a feed or forage crop, the
Corporation shall assign to the producer a yield equal to not
less than 80 percent of the transitional yield established by
the Corporation (adjusted to reflect the actual production
history of the producer) if the producer does not provide
satisfactory evidence of the yield under subparagraph (A).
For not more than three additional years, the Corporation
shall provide the producer with a yield based on the greater
of--
``(I) the producer's actual production history for the
preceding year (or years if available); and
``(II) the assigned yield determined under this clause.
``(ii) Eligible producers.--An eligible producer referred
to in clause (i) is a producer that, as determined by the
Secretary--
``(I) grows the insured feed or forage crop primarily for
on-farm use in a livestock, dairy, or poultry operation; and
``(II) derives over 50 percent of the producer's gross farm
income from the livestock, dairy, or poultry operation.
``(iii) Termination of authority.--The authority provided
by this subparagraph shall apply only during the 1995 through
1998 crop years.
``(3) Area yield basis.--The Corporation may offer a crop
insurance plan based on an area yield that allows an insured
producer to qualify for an indemnity if a loss occurs in an
area, as specified by the Corporation, in which the farm of
the producer is located. Under an area yield plan, an insured
producer shall be allowed to select the level of area
production at which an indemnity will be paid consistent with
the terms and conditions established by the Corporation.
``(4) Commodity-by-commodity basis.--A producer may choose
between either individual yield or area yield coverage, where
available, on a commodity-by-commodity basis.''.
(b) Conforming Amendments.--
(1) Repeal of existing crop insurance yield coverage.--
Section 508A of the Federal Crop Insurance Act (7 U.S.C.
1508A) is repealed.
(2) Preemption.--Section 511 of such Act (7 U.S.C. 1511) is
amended by adding at the end the following sentence: ``The
Corporation's contracts of insurance and the contracts of
insurance reinsured by the Corporation shall be exempt from
taxation imposed by any State, municipality, or local taxing
authority.''.
(3) Persons under 21 years of age.--Section 520 of such Act
(7 U.S.C. 1520) is repealed.
SEC. 7. PREPARATION OF POLICIES, CLAIMS, AND REINSURANCE.
(a) Submission of Policies.--Subsection (h) of section 508
of the Federal Crop Insurance Act (7 U.S.C. 1508), as
redesignated by section 6(a)(2), is amended--
(1) in paragraph (1), by striking ``subsection (a)'' and
inserting ``subsection (c)''; and
(2) by striking paragraphs (2), (3), and (4) and inserting
the following new paragraphs:
``(2) Submission of policies.--A policy or other material
submitted to the Board under this subsection may be prepared
without regard to the limitations contained in this title,
including the requirements concerning the levels of coverage
and rates and the requirement that a price level for each
commodity insured must equal the expected market price for
the commodity as established by the Board. In the case of
such a policy, the payment by the Corporation of a portion of
the premium of the policy may not exceed the amount that
would otherwise be authorized under subsection (e).
``(3) Review and approval by the board.--A policy or other
material submitted to the Board under this subsection shall
be reviewed by the Board and, if the Board finds that the
interests of producers are adequately protected and that any
premiums charged to such producers are actuarially
appropriate, shall be approved by the Board for reinsurance
and for sale to producers as an additional choice at
actuarially appropriate rates and under appropriate terms and
conditions. The Corporation may enter into more than one
reinsurance agreement with the private insurance provider
simultaneously to facilitate the offering of such new
policies.
``(4) Guidelines for submission and review.--The
Corporation shall issue regulations to establish guidelines
for the submission and Board review of policies or other
material submitted to the Board under this subsection. At a
minimum, the guidelines shall ensure the following:
``(A) Proposals submitted to the Board under this
subsection shall be considered as confidential commercial or
financial information for purposes of section 552(b)(4) of
title 5, United States Code, until approved by the Board.
Proposals disapproved by the Board shall remain confidential
commercial or financial information.
``(B) The Board shall provide an applicant with the
opportunity to present the proposal to the Board in person if
the applicant so desires.
``(C) The Board shall provide an applicant with
notification of intent to disapprove a proposal not later
than 30 days prior to taking such action. An applicant that
receives such notification may modify such application, and
such modification shall be considered an original application
for purposes of this paragraph.
``(D) Specific guidelines shall deal with the timing of
submission of proposals under this subsection and timely
consideration by the Board so that any approved proposal may
be made available to all persons reinsured by the Corporation
in a manner permitting them to participate, if they so
desire, in offering such a proposal in the first crop year in
which it is approved by the Board for reinsurance, premium
subsidy, or other support offered by this title.
``(5) Required publication.--Any policies, provisions of
policies, and rates approved under this subsection shall be
published as a notice in the Federal Register and made
available to all persons contracting with or reinsured by the
Corporation under the same terms and conditions as between
the Corporation and the person originally submitting the
policy or other material.''.
[[Page 1505]]
(b) Claims for Losses and Reinsurance.--Section 508 of the
Federal Crop Insurance Act (7 U.S.C. 1508) is further
amended--
(1) by redesignating subsections (j) and (k) as subsections
(l) and (m), respectively; and
(2) inserting after subsection (i), as redesignated by
section 6(a)(2), the following new subsections:
``(j) Claims for Losses.--
``(1) In general.--Under rules prescribed by the
Corporation, the Corporation may provide for adjustment and
payment of claims for losses. The rules prescribed by the
Corporation shall establish standards to ensure that all
claims for losses are adjusted, to the extent practicable, in
a uniform and timely manner.
``(2) Denial of claims.--
``(A) In general.--Subject to subparagraph (B), if a claim
for indemnity is denied by the Corporation, an action on the
claim may be brought against the Corporation or Secretary
only in the United States district court for the district in
which the insured farm is located.
``(B) Statute of limitations.--A suit on the claim may be
brought not later than 1 year after the date on which written
notice of denial of the claim is provided to the claimant.
``(3) Indemnification.--The Corporation shall provide
private insurance providers with indemnification, including
costs and reasonable attorney fees incurred by the private
insurance provider, due to errors or omissions on the part of
the Corporation.
``(k) Reinsurance.--Notwithstanding any other provision of
this title, the Corporation shall, to the maximum extent
practicable, provide reinsurance to insurers approved by the
Corporation that insure producers of any agricultural
commodity under a plan or plans acceptable to the
Corporation. Such reinsurance shall be provided upon such
terms and conditions as the Board may determine to be
consistent with subsections (b) and (c) and sound reinsurance
principles. The Corporation's reinsurance agreements with the
reinsured companies shall require the reinsured companies to
bear a sufficient share of any potential loss under such
agreement so as to ensure that the reinsured company will
sell and service policies of insurance in a sound and prudent
manner, taking into consideration the financial condition of
the reinsured companies and the availability of private
reinsurance.''.
(c) Cross References.--
(1) Claims for losses.--Section 506(d) of the Federal Crop
Insurance Act (7 U.S.C. 1506(d)) is amended in the first
sentence by striking ``section 508(f)'' and inserting
``section 508(j)''.
(2) Submission of materials to board.--Section 507(c) of
such Act (7 U.S.C. 1507(c)) is amended in the last sentence
by striking ``section 508(b)'' and inserting ``section
508(h)''.
(3) Definition of agricultural commodity.--Section 518 of
such Act (7 U.S.C. 1518) is amended by striking ``or (k)''
and inserting ``or (m)''.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS AND CROP INSURANCE
FUND.
Section 516 of the Federal Crop Insurance Act (7 U.S.C.
1516) is amended to read as follows:
``SEC. 516. FUNDING.
``(a) Authorization of Appropriations for Corporation
Salaries and Agent Commissions.--There are hereby authorized
to be appropriated such sums as are necessary to cover the
salaries and administrative expenses of the Corporation and
the administrative and operating expenses of the Corporation
for the sales commissions of agents.
``(b) Crop Insurance Fund.--
``(1) Establishment.--There is hereby established an
insurance fund for deposit of premiums collected under
section 508(d), income from reinsurance operations, and
appropriations made available under paragraph (2).
``(2) Authorization of appropriations.--There are hereby
authorized to be appropriated such sums as may be necessary
to carry out the purposes of the insurance fund.
``(c) Purposes of Insurance Fund.--In such aggregate amount
as is provided in advance in appropriations Acts, the
Corporation may use amounts in the insurance fund to pay the
following:
``(1) Beginning with the 1998 crop year, the administrative
and operating expenses of approved insurance providers, other
than expenses for which funds are authorized to be
appropriated under subsection (a).
``(2) All other expenses of the Corporation (other than
expenses for which funds are authorized to be appropriated
under subsection (a)), including all premium subsidies and
indemnities.
``(3) For the 1995, 1996, and 1997 crop years, all
administrative and expense reimbursements due under a
reinsurance agreement with an approved private insurance
provider.
``(4) Expenses incurred by the Corporation to carry out
research and development.
``(d) Purchase of American-Made Equipment and Products.--
``(1) Sense of congress.--It is the sense of the Congress
that, to the greatest extent practicable, all equipment and
products purchased by the Corporation using funds made
available to the Corporation should be American-made.
``(2) Notice requirement.--In providing financial
assistance to, or entering into any contract with, any entity
for the purchase of equipment and products to carry out this
title, the Corporation, to the greatest extent practicable,
shall provide to such entity a notice describing the
statement made in paragraph (1) by the Congress.''.
SEC. 9. ADVISORY COMMITTEE.
The Federal Crop Insurance Act is amended by inserting
after section 514 (7 U.S.C. 1514) the following new section:
``SEC. 515. ADVISORY COMMITTEE FOR FEDERAL CROP INSURANCE.
``(a) Establishment and Termination.--The Secretary may
establish within the Department of Agriculture an advisory
committee to be known as the Advisory Committee for Federal
Crop Insurance. If established, the Advisory Committee shall
remain in existence until September 30, 1998.
``(b) Primary Responsibility.--The primary responsibility
of the Advisory Committee shall be to advise the Secretary on
the implementation of this title and on other issues related
to crop insurance, as determined by the Manager.
``(c) Membership.--The Advisory Committee shall be composed
of the Manager of the Corporation, the Secretary (or a
designee of the Secretary), and not less than 12 members
representing organizations and agencies involved in the
provision of crop insurance under this title. Not less than 3
of the members of the Advisory Committee shall be
representatives of the specialty crops industry. The
organizations or agencies represented by members on the
Advisory Committee may include insurance companies, insurance
agents, farm producer organizations, experts on agronomic
practices, and banking and lending institutions.
``(d) Administrative Provisions.--
``(1) Terms.--Members of the Advisory Committee shall be
appointed by the Secretary for a term of up to 2 years from
nominations made by the organizations and agencies specified
in subsection (c). The terms of the members shall be
staggered.
``(2) Chairperson.--The Advisory Committee shall be chaired
by the Manager of the Corporation.
``(3) Meetings.--The Advisory Committee shall meet at least
annually. The meetings of the Advisory Committee shall be
publicly announced in advance and shall be open to the
public. Appropriate records of the activities of the Advisory
Committee shall be kept and made available to the public on
request.
``(e) Reports.--Not later than June 30 of each year, the
Advisory Committee shall submit to the Secretary a report
specifying its conclusions and recommendations regarding--
``(1) the progress toward implementation of the provisions
of this title;
``(2) the actuarial soundness of the Federal crop insurance
program;
``(3) the rate of producer participation in both
catastrophic risk protection under section 508(b) and buy-up
coverage under section 508(c); and
``(4) the progress toward improved crop insurance coverage
for new and specialty crops.''.
SEC. 10. NONINSURED CROP DISASTER ASSISTANCE.
(a) In General.--Section 519 of the Federal Crop Insurance
Act (7 U.S.C. 1519) is amended to read as follows:
``SEC. 519. NONINSURED CROP DISASTER ASSISTANCE PROGRAM.
``(a) Establishment of Program.--
``(1) Establishment.--In the case of an eligible crop
described in paragraph (2), the Corporation shall establish a
noninsured crop disaster assistance program to provide
coverage equivalent to the catastrophic risk protection
otherwise available under section 508(b).
``(2) Eligible crops.--
``(A) In general.--For purposes of this section, the term
`eligible crop' means each commercial crop or other
agricultural commodity (except livestock)--
``(i) for which catastrophic risk protection under section
508(b) is not available; and
``(ii) which is produced for food or fiber.
``(B) Crops specifically included.--The term `eligible
crop' shall include floricultural, ornamental nursery, and
Christmas tree crops and turfgrass sod.
``(3) Cause of loss.--To qualify for assistance under this
section, the losses of the noninsured commodity shall be due
to drought, flood, or other natural disaster, as determined
by the Secretary.
``(b) Application for Noninsured Crop Disaster
Assistance.--
``(1) Timely application.--To be eligible for assistance
under this section, producers shall submit an application for
noninsured crop disaster assistance at a local office of the
Department of Agriculture. The application shall be in such
form, contain such information, and be submitted at such time
as the Corporation may require.
``(2) Records and reports.--To obtain noninsured crop
disaster assistance, a producer shall--
``(A) provide records acceptable to the Corporation of
historical acreage and production of the eligible crops for
which assistance is sought or accept a yield determined by
the Corporation; and
``(B) report acreage planted and prevented from planting by
the designated acreage reporting date for that crop and
location as established by the Corporation.
``(3) Exclusions.--Noninsured crop disaster assistance
under this section shall not cover losses due to--
``(A) the neglect or malfeasance of the producer;
``(B) the failure of the producer to reseed to the same
crop in those areas and under such circumstances where it is
customary to reseed; or
``(C) the failure of the producer to follow good farming
practices, as determined by the Corporation.
[[Page 1506]]
``(4) Revenue limitation.--A person who has qualifying
gross revenues in excess of $2,000,000 annually, as
determined by the Secretary, shall not be eligible to receive
any noninsured crop disaster assistance payments. For
purposes of this section, the term `qualifying gross
revenues' means--
``(A) if a majority of the person's gross revenue is
received from farming, ranching, and forestry operations, the
gross revenue from the person's farming, ranching, and
forestry operations; and
``(B) if less than a majority of the person's gross revenue
is received from farming, ranching, and forestry operations,
the person's gross revenue from all sources.
``(c) Loss Requirements.--
``(1) Required area loss.--A producer of an eligible crop
shall not receive noninsured crop disaster assistance unless
the average yield for that crop, or an equivalent measure in
the event yield data are not available, in an area falls
below 65 percent of the expected area yield, as established
by the Corporation.
``(2) Prevented planting.--Subject to paragraph (1), the
Corporation shall make a prevented planting noninsured crop
disaster assistance payment if the producer is prevented from
planting more than 35 percent of the acreage intended for the
eligible crop because of drought, flood, or other natural
disaster, as determined by the Secretary.
``(3) Reduced yields.--Subject to paragraph (1), the
Corporation shall make a reduced yield noninsured crop
disaster assistance payment if the total quantity of the
eligible crop that a producer is able to harvest on any farm
is, because of drought, flood, or other natural disaster as
determined by the Secretary, less than 50 percent of the
expected individual yield for the crop, as determined by the
Corporation, factored for the producer's interest for the
crop.
``(d) Payments.--
``(1) Reduced yields.--If the producer is eligible for
reduced yield noninsured crop disaster assistance, payments
shall be made for farm losses in excess of 50 percent of the
established farm yield for the eligible crop indemnified at
60 percent of the average market price for that crop, or a
comparable coverage as determined by the Corporation. Any
eligible crop that is produced with significant and variable,
post-planting expenses, the payment shall be reduced to
reflect reduced production costs and harvesting costs if the
crop is not harvested.
``(2) Prevented planting.--If the producer is eligible for
a prevented planting payment under this section, the amount
paid to the producer on a claim under this section may
reflect a reduction that is proportional to the out-of-pocket
expenses that are not incurred by the producer as a result of
not planting, growing, or harvesting the crop for which the
claim is made, as determined by the Corporation.
``(e) Yield Determinations.--
``(1) Establishment.--The Corporation shall establish farm
yields for purposes of providing noninsured crop disaster
assistance under this section.
``(2) Actual production history.--The Corporation shall
determine yield coverage using the producer's actual
production history over a period of not less than the 4
previous consecutive crop years and not more than 10
consecutive crop years. Subject to paragraph (3), the yield
for the year in which noninsured crop disaster assistance is
sought shall be equal to the average of the producer's actual
production history during the period considered.
``(3) Assignment of yield.--If a producer does not submit
adequate documentation of production history to determine a
crop yield under paragraph (2), the Corporation shall assign
to the producer a yield equal to not less than 65 percent of
the transitional yield of the producer (adjusted to reflect
actual production reflected in the records acceptable to the
Corporation for continuous years), as specified in
regulations issued by the Corporation based on production
history requirements.
``(4) Prohibition on assigned yields in certain counties.--
If the acreage of a crop in a county has increased by more
than 100 percent since the 1987 crop year, a producer who
produces that crop on a farm located in that county may not
obtain an assigned yield under paragraph (3). Instead, the
producer must provide detailed documentation of production
costs, acres planted, and yield (as required by the
Corporation) to become eligible for a noninsured assistance
payment.
``(5) Limitation on receipt of subsequent assigned yield.--
A producer who receives an assigned yield for the current
year of a natural disaster because required production
records were not submitted to the local office of the
Department shall not be eligible for an assigned yield for
the year of the next natural disaster unless the required
production records of the previous 1 or more years (as
applicable) are provided to the local office.
``(6) Yield variations due to different farming
practices.--The Corporation shall ensure that noninsured crop
disaster assistance accurately reflects significant yield
variations due to different farming practices, such as
between irrigated and nonirrigated acreage.
``(f) Payment of Losses.--Payments for noninsured crop
disaster assistance losses under this section shall be made
from the insurance fund established under section 516. Such
losses shall not be included in calculating the premiums
charged to producers for insurance under section 508.
``(g) Payment Limitations.--The total amount of payments
that a person shall be entitled to receive annually under
this section may not exceed $100,000. For purposes of
applying this limitation, the Secretary shall issue
regulations defining the term `person' that shall conform, to
the extent practicable, to the regulations defining `person'
issued under section 1001 of the Food Security Act of 1985 (7
U.S.C. 1308).''.
(b) Conforming Amendments.--
(1) Existing emergency crop loss assistance program.--
Effective July 1, 1995, chapter 3 of subtitle B of title XXII
of the Food, Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C. 1421 note) is amended by striking subchapter A.
(2) Emergency appropriations.--Effective July 1, 1995, the
Balanced Budget and Emergency Deficit Control Act of 1985 is
amended--
(A) in section 251(b)(2)(D)(i) (2 U.S.C. 901(b)(2)(D)(i)),
by adding at the end the following new sentence: ``The
preceding sentence shall not apply to appropriations to cover
agricultural crop disaster assistance.''; and
(B) in section 252(e) (2 U.S.C. 902(e)), by adding at the
end the following new sentence: ``The preceding sentence
shall not apply to direct spending provisions to cover
agricultural crop disaster assistance.''.
SEC. 11. CROP INSURANCE REQUIREMENTS UNDER PRICE SUPPORT
PROGRAMS.
(a) Rice.--Section 101B(c) of the Agricultural Act of 1949
(7 U.S.C. 1441-2(c)) is amended--
(1) by striking paragraph (1)(F); and
(2) by striking paragraph (2) and inserting in lieu thereof
the following:
``(2) Crop insurance requirement.--As a condition of
receiving any benefit (including payments) under this
section, a producer must obtain at least catastrophic risk
protection insurance coverage under section 508(b) of the
Federal Crop Insurance Act for the crop and crop year in
which the benefit is sought, if such coverage is offered by
the Federal Crop Insurance Corporation.''.
(b) Extra Long Staple Cotton.--Section 103(h) of the
Agricultural Act of 1949 (7 U.S.C. 1444(h)) is amended--
(1) by redesignating paragraph (16) as paragraph (17) and
moving the margin 2 ems to the left; and
(2) by inserting after paragraph (15) the following new
paragraph:
``(16) Crop Insurance Requirement.--As a condition of
receiving any benefit (including payments) under this
section, a producer must obtain at least catastrophic risk
protection insurance coverage under section 508(b) of the
Federal Crop Insurance Act for the crop and crop year in
which the benefit is sought, if such coverage is offered by
the Federal Crop Insurance Corporation.''.
(c) Upland Cotton.--Section 103B(c) of the Agricultural Act
of 1949 (7 U.S.C. 1444-2(c)) is amended--
(1) by striking paragraph (1)(F); and
(2) by striking paragraph (2) and inserting in lieu thereof
the following:
``(2) Crop insurance requirement.--As a condition of
receiving any benefit (including payments) under this
section, a producer must obtain at least catastrophic risk
protection insurance coverage under section 508(b) of the
Federal Crop Insurance Act for the crop and crop year in
which the benefit is sought, if such coverage is offered by
the Federal Crop Insurance Corporation.''.
(d) Feed Grains.--Section 105B(c) of the Agricultural Act
of 1949 (7 U.S.C. 1444f(c)) is amended--
(1) by striking paragraph (1)(G); and
(2) by striking paragraph (2) and inserting in lieu thereof
the following:
``(2) Crop insurance requirement.--As a condition of
receiving any benefit (including payments) under this
section, a producer must obtain at least catastrophic risk
protection insurance coverage under section 508(b) of the
Federal Crop Insurance Act for the crop and crop year in
which the benefit is sought, if such coverage is offered by
the Federal Crop Insurance Corporation.''.
(e) Tobacco.--Section 106 of the Agricultural Act of 1949
(7 U.S.C. 1445) is amended by striking subsection (e) and
inserting in lieu thereof the following:
``(e) Crop Insurance Requirement.--As a condition of
receiving any benefit (including payments) under this
section, a producer must obtain at least catastrophic risk
protection insurance coverage under section 508(b) of the
Federal Crop Insurance Act for the crop and crop year in
which the benefit is sought, if such coverage is offered by
the Federal Crop Insurance Corporation.''.
(f) Wheat.--Section 107B(c) of the Agricultural Act of 1949
(7 U.S.C. 1444b-3a(c)) is amended--
(1) by striking paragraph (1)(G); and
(2) by striking paragraph (2) and inserting in lieu thereof
the following:
``(2) Crop insurance requirement.--As a condition of
receiving any benefit (including payments) under this
section, a producer must obtain at least catastrophic risk
protection insurance coverage under section 508(b) of the
Federal Crop Insurance Act for the crop and crop year in
which the benefit is sought, if such coverage is offered by
the Federal Crop Insurance Corporation.''.
(g) Peanuts.--Section 108B of the Agricultural Act of 1949
(7 U.S.C. 1445c-3) is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection:
``(h) Crop Insurance Requirement.--As a condition of
receiving any benefit (including payments) under this
section, a producer must obtain at least catastrophic risk
pro-
[[Page 1507]]
tection insurance coverage under section 508(b) of the
Federal Crop Insurance Act for the crop and crop year in
which the benefit is sought, if such coverage is offered by
the Federal Crop Insurance Corporation.''.
(h) Oilseeds.--Section 205 of the Agricultural Act of 1949
(7 U.S.C. 1446f) is amended--
(1) by redesignating subsection (n) as subsection (o); and
(2) by inserting after subsection (m) the following new
subsection:
``(n) Crop Insurance Requirement.--As a condition of
receiving any benefit (including payments) under this
section, a producer must obtain at least catastrophic risk
protection insurance coverage under section 508(b) of the
Federal Crop Insurance Act for the crop and crop year in
which the benefit is sought, if such coverage is offered by
the Federal Crop Insurance Corporation.''.
(i) Sugar.--Section 206 of the Agricultural Act of 1949 (7
U.S.C. 1446g) is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following new
subsection:
``(j) Crop Insurance Requirement.--As a condition of
receiving any benefit (including payments) under this
section, a producer must obtain at least catastrophic risk
protection insurance coverage under section 508(b) of the
Federal Crop Insurance Act for the crop and crop year in
which the benefit is sought, if such coverage is offered by
the Federal Crop Insurance Corporation.''.
(j) Honey.--Section 207 of the Agricultural Act of 1949 (7
U.S.C. 1446h) is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following new
subsection:
``(j) Crop Insurance Requirement.--As a condition of
receiving any benefit (including payments) under this
section, a producer must obtain at least catastrophic risk
protection insurance coverage under section 508(b) of the
Federal Crop Insurance Act for the crop and crop year in
which the benefit is sought, if such coverage is offered by
the Federal Crop Insurance Corporation.''.
(k) Disaster Payments.--Section 208 of the Agricultural Act
of 1949 (7 U.S.C. 1446i) is repealed.
SEC. 12. ELIMINATION OF GENDER REFERENCES.
(a) Management of Corporation.--Section 505 of the Federal
Crop Insurance Act (7 U.S.C. 1505) is amended--
(1) in subsection (a), by striking the third sentence and
inserting ``The Board shall be appointed by, and hold office
at the pleasure of, the Secretary. The Secretary shall not be
a member of the Board.''; and
(2) in subsection (d)--
(A) by striking ``upon him''; and
(B) by striking ``He shall be appointed by,'' and inserting
``The manager shall be appointed by,''.
(b) Personnel.--Section 507 of such Act (7 U.S.C. 1507) is
amended--
(1) in subsection (a), by striking ``as he may determine:
Provided, That'' and inserting ``as the Secretary may
determine appropriate. However,''; and
(2) in subsection (d), by striking ``as he may request''
and inserting ``that the Secretary requests''.
(c) Indemnities Exempt From Levy.--Section 509 of such Act
(7 U.S.C. 1509) is amended by striking ``or his estate'' and
inserting ``or the estate of the insured''.
SEC. 13. GAO CROP INSURANCE PROVIDER STUDY.
(a) The General Accounting Office shall, within 2 years of
enactment, investigate the contractual relationships between
the Federal Crop Insurance Corporation and approved insurance
providers to determine the quality, costs and efficiency of
the provision of multiperil crop insurance to producers of
agricultural commodities covered under the Federal Crop
Insurance Act. The study shall be completed in two parts. The
first, to be completed within one year of enactment, shall
examine the currently available data to make the
determinations required by this section. The second part
shall examine the changes that occur because of the expansion
of the program as participation increases.
(b) This study shall include, but not be limited to, an
investigation of providers' actual cost of delivery of
multiperil crop insurance for which providers receive
reimbursement from the Corporation, cost differences for
different provider firm sizes, and changes in cost resulting
from the expansion of the program. The study shall also
compare delivery costs of multiperil crop insurance to other
insurance coverage that the provider may sell and identify
any cross-subsidization from federally reimbursed delivery to
delivery costs of other insurance coverage.
(c) The study shall assess, to the extent practicable,
alternative methods of reimbursing delivery costs to
providers. In addition, the study shall identify unnecessary
expenditures, if any, required by the Corporation for
compliance and program integrity.
(d) In addition, the study shall include, but not be
limited to, the provisions of the standard reinsurance
agreement between the Corporation and approved providers,
including the risk transferred to the Corporation under the
terms of the agreement, the return on providers' capital, a
determination of the return on capital relative to
differences in provider firm size, and a determination of the
return on providers' capital in multiperil crop insurance
relative to other insurance coverage.
(e) The study shall assess, to the extent practicable, the
potential for provider firm concentration in the multiperil
crop insurance industry and any economic distortions that
might occur from such concentration.
(f) In conducting this study, the General Accounting Office
shall maintain the privacy of provider proprietary
information. The General Accounting Office shall have full
powers to subpoena any required information from any provider
firm.
SEC. 14. EFFECTIVE DATE.
Except as provided in section 10(b) and section 13, this
Act and the amendments made by this Act shall take effect on
the date of the enactment of this Act and shall apply to the
provision of crop insurance under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.) beginning with the 1995 crop
year. With respect to the 1994 crop year, the Federal Crop
Insurance Act (as in effect on the day before the date of the
enactment of this Act) shall continue to apply.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. RICHARDSON, announced that the yeas had
it.
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 91.11 clerk to correct engrossment
On motion of Mr. de la GARZA, by unanimous consent,
Ordered, That in the engrossment of the foregoing bill, the Clerk be
authorized to correct section numbers, punctuation, cross references,
and to make other technical corrections.
Para. 91.12 order of business--consideration of conference report to
accompany h.r. 4649
On motion of Mr. DIXON, by unanimous consent,
Ordered, That, notwithstanding the provisions of clause 2 of rule
XXVIII, it may be in order at any time on August 8, 1994, or any day
thereafter, to consider the conference report, amendments in
disagreement, and motions to dispose of amendments in disagreement, on
the bill (H.R. 4649) making appropriations for the District of Columbia
for the fiscal year ending September 30, 1995, and for other purposes;
and that the conference report, amendments in disagreement, and motions
printed in the joint explanatory statement of the committee of
conference to dispose of amendments in disagreement be considered as
read when called up for consideration.
Para. 91.13 order of business--consideration of conference report to
accompany h.r. 4277
On motion of Mr. GIBBONS, by unanimous consent,
Ordered, That, notwithstanding the provisions of clause 2 of rule
XXVIII, it may be in order at any time to consider the conference report
on the bill (H.R. 4277) to establish the Social Security Administration
as an independent agency and to make other improvements in the old-age,
survivors, and disability insurance program; that any points of order
against the conference report and its consideration be waived; and that
the conference report be considered as read.
Para. 91.14 providing for the consideration of bill and joint
resolution--mfn for china
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-673) the resolution (H. Res. 509) providing for consideration of
a joint resolution and a bill relating to most-favored-nation treatment
for the People's Republic of China.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 91.15 adjournment over
On motion of Mr. HOYER, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at
10:30 a.m., Monday, August 8, 1994.
Para. 91.16 calendar wednesday business dispensed with
On motion of Mr. HOYER, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, August
10, 1994, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
[[Page 1508]]
Para. 91.17 permission to file conference report
On motion of Mr. MINETA, by unanimous consent, the managers on the
part of the House were granted permission until midnight tonight to file
a conference report (Rept. No. 103-677) on the bill (H.R. 2739) to amend
the Airport and Airway Improvement Act of 1982 to authorize
apppropriations for fiscal years 1994, 1995, and 1996, and for other
purposes; together with a statement thereon, for printing in the Record
under the rule.
Para. 91.18 national pearl habor remembrance day
On motion of Ms. BYRNE, by unanimous consent, the Committee of the
Whole House on the state of the Union was discharged from further
consideration of the joint resolution (H.J. Res. 131) designating
December 7 of each year as ``National Pearl Harbor Remembrance Day''.
When said joint resolution was considered, read twice, ordered to be
engrossed and read a third time, was read a third time by title, and
passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
Para. 91.19 italian--american heritage and culture month
On motion of Ms. BYRNE, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the joint resolution (H.J. Res. 175) designating October 1993 and
October 1994 as ``Italian-American Heritage and Culture Month''.
When said joint resolution was considered and read twice.
Ms. BYRNE submitted the following amendment which was agreed to:
Page 2, strike line 3 and insert ``That October 1994 is
designated''.
The joint resolution, as amended, was ordered to be engrossed and read
a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said joint resolution, as
amended, was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
Para. 91.20 national military families recognition day
On motion of Ms. BYRNE, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the joint resolution (H.J. Res. 188) designating November 22, 1993, as
``National Military Families Recognition Day''.
When said joint resolution was considered and read twice.
Ms. BYRNE submitted the following amendment which was agreed to:
Page 3, line 8, strike ``November 22, 1993'' and insert
``November 21, 1994''.
The joint resolution, as amended, was ordered to be engrossed.
Ms. BYRNE submitted the following amendment to the preamble, which was
agreed to:
Page 2, strike ``Whereas 74 percent of officers and 55
percent of enlisted personnel in the Armed Forces are
married;'' and insert ``Whereas 75 percent of officers and 57
percent of enlisted personnel in the Armed Forces are
married;''.
The joint resolution, as amended, was ordered to be read a third time,
was read a third time by title, and passed.
By unanimous consent, the title was amended so as to read: ``Joint
resolution designating November 21, 1994, as `National Military Families
Recognition Day'''.
A motion to reconsider the votes whereby said joint resolution, as
amended, was passed and the preamble and the title were amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
Para. 91.21 constitution day
On motion of Ms. BYRNE, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the joint resolution (H.J. Res. 390) designating September 17, 1994, as
``Constitution Day''.
When said joint resolution was considered, read twice, ordered to be
engrossed and read a third time, was read a third time by title, and
passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
Para. 91.22 national family caregivers week
On motion of Ms. BYRNE, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the joint resolution of the Senate (S.J. Res. 153) to designate the week
beginning on November 21, 1993, and ending on November 27, 1993, and the
week beginning on November 20, 1994, and ending on November 26, 1994, as
``National Family Caregivers Week''.
Ms. BYRNE submitted the following amendments which were agreed to:
Page 2, beginning on line 3, strike ``the week beginning on
November 21, 1993 and ending on November 27, 1993, and''.
Page 2, line 6, strike ``are each'' and insert ``is''.
Page 2, line 9, strike ``weeks'' and insert ``week''.
When said joint resolution, as amended, was considered, read twice,
ordered to be read a third time, was read a third time by title, and
passed.
By unanimous consent the title was amended so as to read: ``Joint
Resolution to designate the week beginning on November 20, 1994, and
ending on November 26, 1994, as `National Family Caregivers Week'.''.
A motion to reconsider the vote whereby said joint resolution, as
amended, was passed and the title was amended was, by unanimous consent,
laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendments.
Para. 91.23 national character counts week
On motion of Ms. BYRNE, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the joint resolution of the Senate (S.J. Res. 178) to proclaim the week
of October 16 through October 22, 1994, as ``National Character Counts
Week''.
When said joint resolution was considered, read twice, ordered to be
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 91.24 senate bill and joint resolution referred
A bill and joint resolution of the Senate of the following titles were
taken from the Speaker's table and, under the rule, referred as follows:
S. 617. An Act to authorize research into the
desalinization of water and water reuse and to authorize a
program for States, cities, or any qualifying agency which
desires to own and operate a desalinization or water reuse
facility to develop such facilities; jointly, to the
Committee on Natural Resources, the Committee on Science,
Space, and Technology, and the Committee on Public Works and
Transportation; and
S.J. Res. 194. Joint resolution to designate the second
week of August 1994 as ``National United States Seafood
Week''; to the Committee on Post Office and Civil Service.
Para. 91.25 bills and joint resolution presented to the president
Mr. ROSE, from the Committee on House Administration, reported that
that committee did on the following date present to the President, for
his approval, bills and a joint resolution of the House of the following
titles:
On August 4, 1994:
H.J. Res. 374. Joint resolution designating August 2, 1994,
as ``National Neighborhood Crime Watch Day'';
H.R. 868. An Act to strengthen the authority of the Federal
Trade Commission to protect consumers in connection with
sales made with a telephone, and for other purposes; and
H.R. 2457. An Act to direct the Secretary of the Interior
to conduct a salmon captive broodstock program.
Para. 91.26 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. GOODLING, for today;
To Mr. DIAZ-BALART, for today;
[[Page 1509]]
To Mr. BOUCHER, for today;
To Mr. CLEMEMT, for today; and
To Mr. FORD of Tennessee, for today.
And then,
Para. 91.27 adjournment
On motion of Ms. McKINNEY, pursuant to the special order heretofore
agreed to, at 6 o'clock and 20 minutes p.m., the House adjourned until
10 o'clock and 30 minutes a.m., on Monday, August 8, 1994.
Para. 91.28 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. BONIOR: Committee on Rules, House Resolution 509.
Resolution providing for consideration of a joint resolution
and a bill relating to most-favored-nation treatment for the
People's Republic of China (Rept. No. 103-673), Referred to
the House Calendar.
Mr. BROWN of California: Committee on Science, Space, and
Technology. H.R. 4908. A bill to authorize the hydrogen and
fusion research, development, and demonstration progarms and
the high energy physics and nuclear physics programs, of the
Department of Energy, and for other purposes (Rept. No. 103-
674). Referred to the Committee of the Whole House on the
State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 4230. A bill to amend the American Indian Religious
Freedom Act to provide for the traditional use of peyote by
Indians for religious purposes, and for other purposes; with
an amendment (Rept. No. 103-675). Referred to the Committee
of the Whole House on the State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 4653. A bill to settle Indian land claims within the
State of Connecticut, and for other purposes; with an
amendment (Rept. No. 103-676). Referred to the Committee of
the Whole House on the State of the Union.
Mr. MINETA: Committee of Conference. Conference report on
H.R. 2739. A bill to amend the Airport and Airway Improvement
Act of 1982 to authorize appropriations for fiscal years
1994, 1995, and 1996, and for other purposes (Rept. No. 103-
677). Ordered to be printed.
Para. 91.29 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. SPRATT:
H.R. 4906. A bill to amend the Congressional Budget and
Impoundment Control Act of 1974 to limit consideration of
nonemergency matters in emergency legislation; to the
Committee on Rules.
H.R. 4907. A bill to reform the concept of baseline
budgeting; jointly, to the Committees on Government
Operations and Rules.
By Mrs. LLOYD (for herself, Mr. Boucher, Mr. Brown of
California, Mr. Walker, and Mr. Boehlert):
H.R. 4908. A bill to authorize the hydrogen and fusion
research, development, and demonstration programs, and the
high energy physics and nuclear physics programs, of the
Department of Energy, and for other purposes; to the
Committee on Science, Space, and Technology.
By Mr. DICKS (for himself, Mr. Miller of California,
and Mr. Swift):
H.R. 4909. A bill to amend the Elwha River Ecosystem and
Fisheries Restoration Act to provide greater flexibility in
the expenditure of funds, and for other purposes; jointly, to
the Committees on Merchant Marine and Fisheries, Natural
Resources, and Energy and Commerce.
By Mr. ENGEL (for himself, Ms. Lowey, Mr. Gilman, and
Mr. Fish):
H.R. 4910. A bill to designate the U.S. courthouse under
construction in White Plains, NY, as the ``Thurgood Marshall
United States Courthouse''; to the Committee on Public Works
and Transportation.
By Mr. INSLEE:
H.R. 4911. A bill to authorize extension of the time
limitation for a FERC-issued hydroelectric license; to the
Committee on Energy and Commerce.
By Mr. MINETA (for himself and Mr. McDade):
H.R. 4912. A bill to require the Secretary of the Treasury
to mint coins in commemoration of the 150th anniversary of
the founding of the Smithsonian Institution; to the Committee
on Banking, Finance and Urban Affairs.
By Mr. STENHOLM (for himself, Mr. Penny, and Mr.
Kasich):
H.R. 4913. A bill to ensure that no extraneous items are
included in any bill containing an emergency designation;
jointly, to the Committees on Government Operations and
Rules.
H.R. 4914. A bill to reform the concept of baseline
budgeting; jointly, to the Committees on Government
Operations and Rules.
By Mr. STUPAK (for himself, Mr. Barcia of Michigan, Mr.
Condit, and Mr. Horn):
H.R. 4915. A bill to amend the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 to add
States to the governmental entities eligible for
reimbursement for emergency removal actions and to clarify
authority to take such actions at illicit drug laboratories;
jointly, to the Committees on Energy and Commerce and Public
Works and Transportation.
By Mr. ACKERMAN (for himself and Mr. Skaggs):
Mr. BURTON of Indiana (for himself, Mr. Flake, Mr.
McNulty, Mr. Barrett of Nebraska, Mr. Goodlatte, Mr.
Barton of Texas, Mrs. Fowler, Mrs. Vucanovich, Mr.
Johnson of Georgia, Mr. Hoke, Mr. Hochbrueckner, Mr.
Jefferson, Mrs. Meek of Florida, Mr. Cox, Mr. Dornan,
Mrs. Morella, Mr. Moran, and Mr. Barrett of
Wisconsin):
H.J. Res. 398. Joint resolution to establish the fourth
Sunday of July as ``Parents' Day''; to the Committee on Post
Office and Civil Service.
H. Con. Res. 278. Concurrent resolution expressing the
sense of the Congress regarding United States policy towards
Vietnam; to the Committee on Foreign Affairs.
By Mr. MENENDEZ (for himself, Mr. Diaz-Balert, Ms. Ros-
Lehtinen, Mr. Torricelli, Mr. Smith of New Jersey,
Mr. Gilman, Mrs. Meek of Florida, Mr. Gutierrez, Mr.
Oberstar, Mr. Hastings, and Mr. Deutsch):
H. Con. Res. 279. Concurrent resolution condemning the July
13, 1994, sinking of the ``13th of March'', a tugboat
carrying 72 unarmed Cuban citizens, by vessels of the Cuban
Government; to the Committee on Foreign Affairs.
By Mr. LANTOS (for himself and Mr. Gingrich):
H. Res. 510. Resolution to express the condolences of the
House of Representatives to the victims of recent terrorist
attacks, to condemn acts of terrorism, reaffirm support for
the Middle East peace process, and express the sense of the
House of Representatives that the President should convene an
international conference to develop more effective means to
deal with the serious and growing threat of international
terrorism; to the Committee on Foreign Affairs.
Para. 91.30 memorials
Under clause 4 of rule XXII,
456. The SPEAKER presented a memorial of the Legislature of
the State of California, relative to natural disasters; which
was referred, jointly, to the Committees on Banking, Finance
and Urban Affairs and Public Works and Transportation.
Para. 91.31 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 127: Mr. Canady, Mr. Abercrombie, Mr. Deutsch, and
Mrs. Meek of Florida.
H.R. 193: Mr. DeLay, Mr. Fields of Texas, Mr. Lucas, Mr.
Parker, Mr. Smith of Texas, and Mr. Wilson.
H.R. 214: Mr. Combest and Mr. Calvert.
H.R. 216: Mr. Cox.
H.R. 326: Mr. Scott, Mr. Peterson of Florida, Mr. Young of
Alaska, and Mr. Murtha.
H.R. 739: Mr. Barlow.
H.R. 830: Mr. Lucas.
H.R. 963: Mr. Coppersmith.
H.R. 1079: Ms. Molinari.
H.R. 1110: Mr. McCollum.
H.R. 1126: Mr. Schiff.
H.R. 1171: Mr. Spratt.
H.R. 1277: Mr. McKeon.
H.R. 1671: Ms. Eddie Bernice Johnson of Texas.
H.R. 1887: Mr. Schiff.
H.R. 1999: Mr. Hall of Texas.
H.R. 2004: Mr. Derrick, Mr. Frank of Massachusetts, Mr.
Price of North Carolina, and Mr. Watt.
H.R. 2088: Mr. Calvert and Ms. Kaptur.
H.R. 2418: Mr. Ramstad.
H.R. 3293: Mr. Inhofe.
H.R. 3523: Mr. Pete Geren of Texas and Mr. Wilson.
H.R. 3526: Ms. Schenk and Mr. Mineta.
H.R. 3619: Mr. Jacobs.
H.R. 3739: Mr. Packard.
H.R. 3892: Mr. Klug.
H.R. 3949: Mr. Lightfoot, Mr. Hyde, and Mr. Hamilton.
H.R. 3978: Mr. Emerson and Mr. McCandless.
H.R. 3990: Mr. Herger and Mr. LaFalce.
H.R. 4026: Mr. Hastings.
H.R. 4051: Mr. Bacchus of Florida and Mr. Rahall.
H.R. 4198: Mr. Bateman.
H.R. 4345: Mr. Serrano and Mr. Jefferson.
H.R. 4353: Mrs. Meyers of Kansas.
H.R. 4410: Mr. Archer.
H.R. 4411: Mr. Towns.
H.R. 4412: Mr. Pete Geren of Texas.
H.R. 4483: Mr. Bartlett of Maryland.
H.R. 4517: Mr. Towns and Mr. Kildee.
H.R. 4570: Mr. Foglietta, Mr. Kopetski, Mr. Castle, and Mr.
Hastings.
H.R. 4592: Mr. Talent.
H.R. 4667: Mr. Calvert and Mr. Fingerhut.
H.R. 4698: Ms. Shepherd and Mr. Andrews of Texas.
H.R. 4708: Mr. Pastor.
H.R. 4739: Mr. Neal of North Carolina.
H.R. 4789: Mr. Borski.
H.R. 4791: Mr. Pombo.
H.R. 4802: Mr. Jacobs, Mr. Camp, Mr. Frost, Mr. Hastings,
Mrs. Lloyd, Mr. Coppersmith, and Mr. Klink.
H.R. 4805: Mr. Filner.
H.R. 4826: Mr. Dornan, Mrs. Meyers of Kansas, Mr. Frost,
Mr. Gallegly, and Mr. Hastings.
H.R. 4831: Mr. Canady, Mr. Shays, and Mr. Bateman.
H.R. 4858: Mr. Bilirakis, Mr. Hastert, Mr. Boucher, Mr.
Lehman, Mr. Hall of Texas,
[[Page 1510]]
Mr. McMillan, Mr. Bliley, Mr. Bryant, Ms. Margolies-
Mezvinsky, Mr. Gillmor, and Mr. Manton.
H.R. 4883: Mr. McHugh, Mr. Greenwood, Mr. Doolittle, Mr.
Miller of Florida, and Ms. Molinari.
H.R. 4893: Mr. Shays.
H.J. Res. 184: Mr. Boehlert, Mr. Brooks, Mrs. Collins of
Illinois, Mr. Gilman, Mr. Hilliard, Mr. Johnson of South
Dakota, Mr. Kingston, Mr. Lipinski, Mr. Livingston, Mr.
McInnis, Mr. McCloskey, Mr. Meehan, Mrs. Meek of Florida, Mr.
Michel, Mr. Ridge, Mr. Sharp, Mr. Smith of Iowa, Mr. Stokes,
Mr. Washington, and Mr. Wilson.
H.J. Res. 332: Mr. Grandy, Mr. Minge, Mr. Pete Geren of
Texas, and Mr. Shaw.
H.J. Res. 338: Mr. Meehan, Mr. Rose, Mr. Quillen, Ms. Eddie
Bernice Johnson of Texas, Mr. Hastings, Mr. Lipinski, and Mr.
Bunning.
H.J. Res. 358: Mrs. Roukema, Mr. Meehan, Mr. Callahan, Mr.
Dingell, Mr. Smith of Iowa, Mr. Kleczka, Mr. Hastings, Mr.
Hamilton, Mr. Myers of Indiana, and Mr. Clyburn.
H.J. Res. 362: Mr. Wynn, Mr. Slattery, Mrs. Morella, Mr.
Volkmer, Mr. Ackerman, and Mr. Hastings.
H.J. Res. 381: Mr. Pete Geren of Texas, Mr. Evans, Mr.
Franks of Connecticut, and Mr. Hastings.
H.J. Res. 385: Mr. Kreidler.
H.J. Res. 387: Mr. Abercrombie, Mr. Andrews of Maine, Mr.
Bateman, Mr. Blute, Mr. Brewster, Ms. DeLauro, Mr. Deutsch,
Mr. Diaz-Balart, Mr. Edwards of Texas, Mr. Frank of
Massachusetts, Mr. Jefferson, Mr. Kingston, Mr. Kopetski, Mr.
Lancaster, Mrs. Mink of Hawaii, Ms. Molinari, Mr. Murphy, Mr.
Ortiz, Mr. Packard, Mr. Pastor, Mr. Peterson of Florida, Mr.
Reed, Mr. Sarpalius, Ms. Snowe, Mr. Studds, Mr. Synar, Mr.
Tauzin, Mr. Taylor of North Carolina, Mr. Thompson, Mr.
Torkildsen, Mr. Weldon, and Mr. Wolf.
H. Con. Res. 148: Mr. Sensenbrenner.
H. Con. Res. 166: Mr. McCollum and Ms. Kaptur.
H. Con. Res. 254: Mr. Serrano.
H. Con. Res. 274: Mr. Derrick, Mr. Bonior, Mr. Flake, and
Mr. McNulty.
H. Con. Res. 276: Mr. Mazzoli, Mr. Traficant, Mr. Cooper,
Ms. Danner, Ms. Kaptur, Mr. Kasich, Mr. Frank of
Massachusetts, Mr. Hall of Texas, Mr. DeFazio, Mr. Regula,
Mr. Saxton, Mr. Sensenbrenner, Mr. Stark, Mr. Coppersmith,
Mr. Miller of California, Mr. Deal, Mr. McHale, and Mr.
Edwards of California.
H. Res. 247: Mr. Lucas.
H. Res. 270: Mr. Camp.
H. Res. 432: Mr. Lantos.
H. Res. 472: Mr. Portman, Mr. Goodlatte, Mr. Herger, and
Mr. Istook.
H. Res. 496: Mr. McNulty, Mr. McCloskey, Mr. Matsui, Mr.
Pallone, Mr. Abercrombie, Mr. Deutsch, Mr. Meehan, Mr. Klein,
Ms. Ros-Lehtinen, Mr. Cooper, Mr. Bateman, Mrs. Byrne, Mr.
Engel, Mr. Frank of Massachusetts, Mr. Mann, Mr. Kyl, Mr.
Shays, Mr. Smith of New Jersey, Mr. Lazio, Mr. Levy, Mr.
Barrett of Wisconsin, Mr. Saxton, Mr. Miller of California,
Mr. Shaw, Mr. Gutierrez, Mrs. Meyers of Kansas, Mr. Schumer,
Mr. Foglietta, Mr. LaFalce, Mrs. Schroeder, Mr. Hastings, Mr.
Wilson, Mr. Evans, Mr. Rush, Mr. Sabo, and Mr. Johnson of
South Dakota.
Para. 91.32 petitions, etc.
Under clause 1 of rule XXII:
116. The SPEAKER presented a petition of the National
Association of Attorneys General, Baton Rouge, LA, relative
to State health care fraud control units; which was referred
to the Committee on Energy and Commerce.
Para. 91.33 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 4658: Mr. Hilliard.
H.R. 4841: Mr. Hilliard.
.
MONDAY, AUGUST 8, 1994 (92)
Para. 92.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. MORAN,
at 10:30 a.m., who laid before the House the following communication:
Washington, DC,
August 8, 1994.
I hereby designate the Honorable Jim Moran to act as
Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Whereupon, pursuant to the order of the House of Friday, February 11,
1994, and Friday, June 10, 1994, Members were recognized for ``morning
hour'' debates.
Para. 92.2 recess--10:50 a.m.
The SPEAKER pro tempore, Mr. MORAN, pursuant to clause 12 of rule I,
declared the House in recess at 10 o'clock and 50 minutes a.m., until 12
o'clock noon.
Para. 92.3 after recess--12:00 noon
The SPEAKER called the House to order.
Para. 92.4 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Friday, August 5, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 92.5 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3651. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report on a
proposed transaction loan to finance United States goods and
services for the 695MW Dabhol private power project in the
State of Maharashtra, India, pursuant to 12 U.S.C.
635(b)(3)(i); to the Committee on Banking, Finance and Urban
Affairs.
3652. A letter from the Assistant Secretary of Education,
transmitting a copy of final regulations--State vocational
rehabilitation unit in-service training, pursuant to 20
U.S.C. 1232(d)(1); to the Committee on Education and Labor.
3653. A letter from the Inspector General, Department of
Health and Human Services, transmitting an audit on Superfund
financial activities at the Agency for toxic substances and
disease registry for fiscal year 1972, pursuant to 31 U.S.C.
7501 note; to the Committee on Energy and Commerce.
3654. A letter from the Director, Defense Security
Assistance Agency, transmitting notice of proposed issuance
of a Letter of Offer to Turkey for defense equipment
(Transmittal No. 94-29), pursuant to 22 U.S.C. 2776(d); to
the Committee on Foreign Affairs.
3655. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a report on U.S.
contributions to international organizations for the fiscal
year 1993, pursuant to 22 U.S.C. 2226(b)(1); to the Committee
on Foreign Affairs.
3656. A communication from the President of the United
States transmitting a report on the status of efforts to
obtain Iraq's compliance with the resolutions adopted by the
United Nations Security Council, pursuant to Public Law 102-
1, section 3 (105 Stat. 4) (H. Doc. No. 103-290); to the
Committee on Foreign Affairs and ordered to be printed.
3657. A letter from the Director, Defense Security
Assistance Agency, transmitting notice of foreign aid program
changes in Ghana, pursuant to 22 U.S.C. 2394-1(a); jointly,
to the Committees on Foreign Affairs and Appropriations.
3658. A letter from the Director, Defense Security
Assistance Agency, transmitting notice of foreign aid program
changes in the fiscal year 1994 foreign military financing
program, pursuant to 22 U.S.C. 2394-1(a); jointly, the
Committees on Foreign Affairs and Appropriations.
Para. 92.6 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed with amendments in which the concurrence of
the House is requested, a bill of the House of the following title:
H.R. 4624. An Act making appropriations for the Departments
of Veterans Affairs and Housing and Urban Development, and
for sundry independent agencies, boards, commissions,
corporations, and offices for the fiscal year ending
September 30, 1995, and for other purposes.
The message also announced that the Senate insisted upon its
amendments to the bill (H.R. 4624) ``An Act making appropriations for
the Departments of Veterans Affairs and Housing and Urban Development,
and for sundry independent agencies, boards, commissions, corporations,
and offices for the fiscal year ending September 30, 1995, and for other
purposes,'' requested a conference with the House on the disagreeing
votes of the two Houses thereon, and appointed Ms. Mikulski, Mr. Leahy,
Mr. Johnston, Mr. Lautenberg, Mr. Kerrey, Mrs. Feinstein, Mr. Byrd, Mr.
Gramm, Mr. D'Amato, Mr. Nickles, Mr. Bond, Mr. Burns, and Mr. Hatfield,
to be the conferees on the part of the Senate.
The message also announced that the Senate agreed to the report of the
committee of conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 4277) ``An Act to
establish the Social Security Administration as an independent agency
and to make other improvements in the old-age, survivors, and disability
insurance program.''
The message also announced that the Senate agreed to the amendments of
the House of Representatives to the amendment of the Senate numbered 12
to the bill (H.R. 4429) ``An Act to authorize the transfer of naval
vessels to certain foreign countries.''
Para. 92.7 veterans' persian gulf war benefits
Mr. MONTGOMERY moved to suspend the rules and pass the bill (H.R.
4386) to amend title 38, United States
[[Page 1511]]
Code, authorizing the Secretary of Veterans Affairs to provide
compensation to veterans suffering from disabilities resulting from
illnesses attributed to service in the Persian Gulf theater of
operations during the Persian Gulf War, to provide for increased
research into illnesses reported by Persian Gulf War veterans, and for
other purposes; as amended.
The SPEAKER pro tempore, Mr. RICHARDSON, recognized Mr. MONTGOMERY and
Mr. STUMP, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. TRAFICANT, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 92.8 veterans compensation rate amendments
Mr. MONTGOMERY moved to suspend the rules and pass the bill (H.R.
4088) to amend title 38, United States Code, to provide a cost-of-living
adjustment in the rates of disability compensation for veterans with
service-connected disabilities and the rates of dependency and indemnity
compensation for survivors of such veterans; as amended.
The SPEAKER pro tempore, Mr. TRAFICANT, recognized Mr. MONTGOMERY and
Mr. STUMP, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. TRAFICANT, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
amend title 38, United States Code, to provide a cost-of-living
adjustment in the rates of disability compensation for veterans with
service-connected disabilities and the rates of dependency and indemnity
compensation for survivors of such veterans, to revise and improve
veterans' benefits programs, and for other purposes.''.
On motion of Mr. MONTGOMERY, by unanimous consent, the Committee on
Veterans Affairs was discharged from further consideration of the bill
of the Senate (S. 1927) to increase the rates of compensation for
veterans with service-connected disabilities and the rates of dependency
and indemnity compensation for the survivors of certain disabled
veterans.
When said bill was considered and read twice.
Mr. MONTGOMERY submitted the following amendment, which was agreed to:
Strike out all after the enacting clause and insert the provisions of
H.R. 4088, as passed by the House.
The bill, as amended, was ordered to be read a third time, was read a
third time by title, and passed.
By unanimous consent, the title was amended so as to read: ``An Act to
amend title 38, United States Code, to provide a cost-of-living
adjustment in the rates of disability compensation for veterans with
service-connected disabilities and the rates of dependency and indemnity
compensation for survivors of such veterans, to revise and improve
veterans' benefits programs, and for other purposes.''.
A motion to reconsider the votes whereby said bill, as amended, was
passed and the title was amended was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendments.
By unanimous consent, H.R. 4088, a similar House bill, was laid on the
table.
Para. 92.9 nasa authorization
Mr. BROWN of California moved to suspend the rules and pass the bill
(H.R. 4489) to authorize appropriations to the National Aeronautics and
Space Administration for human space flight, science, aeronautics, and
technology, mission support, and Inspector General, and for other
purposes; as amended.
The SPEAKER pro tempore, Mr. TRAFICANT, recognized Mr. BROWN of
California and Mr. WALKER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 92.10 bruce r. thompson united states courthouse and federal
building
Mr. TRAFICANT moved to suspend the rules and pass the bill (H.R. 3110)
to designate the United States courthouse and Federal building to be
constructed at the southeastern corner of Liberty and South Virginia
Streets in Reno, Nevada, as the ``Bruce R. Thompson United States
Courthouse and Federal Building''.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. TRAFICANT and
Mr. CLINGER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 92.11 matthew j. perry, jr. united states courthouse
Mr. TRAFICANT moved to suspend the rules and pass the bill (H.R. 4543)
to designate the United States courthouse to be constructed at 907
Richland Street in Columbia, South Carolina, as the ``Matthew J. Perry,
Jr. United States Courthouse''.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. TRAFICANT and
Mr. CLINGER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 92.12 thomas f. eagleton united states courthouse
Mr. TRAFICANT moved to suspend the rules and pass the bill (H.R. 4790)
to designate the United States courthouse under construction in St.
Louis, Missouri, as the ``Thomas F. Eagleton United States Courthouse''.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. TRAFICANT and
Mr. CLINGER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
[[Page 1512]]
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 92.13 thomas d. lambros federal building
Mr. TRAFICANT moved to suspend the rules and pass the bill (H.R. 4727)
to designate the Federal building located at 125 Market Street in
Youngstown, Ohio, as ``Thomas D. Lambros Federal Building''.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. TRAFICANT and
Mr. CLINGER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 92.14 walter b. jones federal building and united states
courthouse
Mr. TRAFICANT moved to suspend the rules and pass the bill (H.R. 4772)
to designate the Federal building and United States courthouse located
at 215 South Evans Street in Greenville, North Carolina, as the ``Walter
B. Jones Federal Building and United States Courthouse''.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. TRAFICANT and
Mr. CLINGER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 92.15 transfer of u.s. mint in san francisco
Mr. TRAFICANT moved to suspend the rules and pass the bill (H.R. 4812)
to direct the Administrator of General Services to acquire by transfer
the Old U.S. Mint in San Francisco, California, and for other purposes.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. TRAFICANT and
Mr. CLINGER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 92.16 aviation authorization/trucking deregulation
Mr. MINETA moved to suspend the rules and agree to the following
conference report (Rept. No. 103-677):
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
2739) to amend the Airport and Airway Improvement Act of 1982
to authorize appropriations for fiscal years 1994, 1995, and
1996, and for other purposes, having met, after full and free
conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Federal
Aviation Administration Authorization Act of 1994''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Amendment of title 49, United States Code.
TITLE I--AIRPORT AND AIRWAY IMPROVEMENT
Sec. 101. Airport improvement program.
Sec. 102. Airway improvement program.
Sec. 103. Operations of FAA.
Sec. 104. Innovative technology policy.
Sec. 105. Inclusion of explosive detection devices and universal access
systems.
Sec. 106. Submission and approval of project grant applications.
Sec. 107. Preventive maintenance.
Sec. 108. Repeal of general aviation airport project grant application
approval.
Sec. 109. Reports on impacts of new airport projects.
Sec. 110. Airport fees policy.
Sec. 111. Airport financial reports.
Sec. 112. Additional enforcement against illegal diversion of airport
revenue.
Sec. 113. Resolution of airport-air carrier disputes concerning airport
fees.
Sec. 114. Terminal development.
Sec. 115. Letters of intent.
Sec. 116. Military airport program.
Sec. 117. Terminal development costs.
Sec. 118. Airport safety data collection.
Sec. 119. Soundproofing and acquisition of certain residential
buildings and properties.
Sec. 120. Landing aids and navigational equipment inventory pool.
Sec. 121. Review of passenger facility charge program.
TITLE II--OTHER AVIATION PROGRAMS
Sec. 201. Term of office of FAA Administrator.
Sec. 202. Assistance to foreign aviation authorities.
Sec. 203. Use of passenger facility charges to meet Federal mandates.
Sec. 204. Passenger facility charges.
Sec. 205. Gambling on commercial aircraft.
Sec. 206. Slots for air carriers at airports.
Sec. 207. Air service termination notice.
Sec. 208. State taxation of air carrier employees.
Sec. 209. Foreign fee collection.
TITLE III--RESEARCH, ENGINEERING, AND DEVELOPMENT
Sec. 301. Short title.
Sec. 302. Aviation research authorization of appropriations.
Sec. 303. Joint aviation research and development program.
Sec. 304. Aircraft cabin air quality research program.
Sec. 305. Use of domestic products.
Sec. 306. Purchase of American made equipment and products.
Sec. 307. Cooperative agreements for research, engineering, and
development.
Sec. 308. Research program on quiet aircraft technology.
TITLE IV--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY
Sec. 401. Expenditures from Airport and Airway Trust Fund.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Rulemaking on random testing for prohibited drugs.
Sec. 502. Transportation security report.
Sec. 503. Repeal of annual report requirement.
Sec. 504. Advanced landing system.
Sec. 505. Asbestos removal and building demolition and removal, vacant
air force station, Marin County, California.
Sec. 506. Land acquisition costs.
Sec. 507. Information on disinsection of aircraft.
Sec. 508. Contract tower assistance.
Sec. 509. Discontinuation of aviation safety journal.
Sec. 510. Monroe airport improvement.
Sec. 511. Soldotna airport improvement.
Sec. 512. Sturgis, Kentucky.
Sec. 513. Rolla airport improvement.
Sec. 514. Palm Springs, California.
Sec. 515. Real estate transfers in Alaska and weather observation
services.
Sec. 516. Relocation of airway facilities.
Sec. 517. Safety at Aspen-Pitkin County Airport.
Sec. 518. Collective bargaining at Washington airports.
Sec. 519. Report on certain bilateral negotiations.
Sec. 520. Study on innovative financing.
Sec. 521. Safety of Juneau International Airport.
Sec. 522. Study on child restraint systems.
Sec. 523. Sense of Senate relating to DOT Inspector General.
Sec. 524. Sense of Senate on issuance of report on usage of radar at
the Cheyenne, Wyoming, airport.
[[Page 1513]]
Sec. 525. North Korea.
Sec. 526. Sense of Senate on final regulations under Civil Rights Act
of 1964.
TITLE VI--INTRASTATE TRANSPORTATION OF PROPERTY
Sec. 601. Preemption of intrastate transportation of property.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 3. AMENDMENT OF TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or a repeal of, a section or other provision,
the reference shall be considered to be made to a section or
other provision of title 49, United States Code.
TITLE I--AIRPORT AND AIRWAY IMPROVEMENT
SEC. 101. AIRPORT IMPROVEMENT PROGRAM.
(a) Authorization of Appropriations.--Section 48103 is
amended--
(1) by striking ``Not more'' and all that follows through
``1993,'' and inserting ``The total amounts which shall be
available after September 30, 1981, to the Secretary of
Transportation''; and
(2) by inserting before the period at the end ``shall be
$17,583,500,000 for fiscal years ending before October 1,
1994, $19,744,500,000 for fiscal years ending before October
1, 1995, and $21,958,500,000 for fiscal years ending before
October 1, 1996''.
(b) Obligational Authority.--Section 47104(c) is amended by
striking ``After'' and all that follows through ``Secretary''
and inserting ``After September 30, 1996, the Secretary''.
SEC. 102. AIRWAY IMPROVEMENT PROGRAM.
(a) Airway Facilities and Equipment.--Section 48101(a) is
amended--
(1) in paragraph (1) by striking ``for'' and inserting
``For'';
(2) in paragraph (2)--
(A) by striking ``for'' and inserting ``For''; and
(B) by striking ``$11,100,000,000'' and inserting
``$10,724,000,000'';
(3) in paragraph (3)--
(A) by striking ``for'' and inserting ``For''; and
(B) by striking ``$14,000,000,000'' and inserting
``$13,394,000,000''; and
(4) by adding at the end the following:
``(4) For the fiscal years ending September 30, 1991-1996,
$16,129,000,000.''.
(b) Certain Direct Costs and Joint Air Navigation
Services.--Section 48104 is amended--
(1) in the heading for subsection (b) by inserting ``for
Fiscal Years 1993'' after ``Limitation'';
(2) in subsection (b) by striking ``each'' and all that
follows through ``1995,'' and inserting ``fiscal year 1993'';
and
(3) by adding at the end the following:
``(c) Limitation for Fiscal Years 1994-1996.--The amount
appropriated from the Trust Fund for the purposes of
paragraphs (1) and (2) of subsection (a) for each of fiscal
years 1994, 1995, and 1996 may not exceed the lesser of--
``(1) 50 percent of the amount of funds made available
under sections 48101-48103 of this title for such fiscal
year; or
``(2)(A) 70 percent of the amount of funds made available
under sections 106(k) and 48101-48103 of this title for such
fiscal year; less
``(B) the amount of funds made available under sections
48101-48103 of this title for such fiscal year.''.
(c) Limitation on Obligating or Expending Funds.--Section
48108(c) is amended by striking ``1995'' and inserting
``1996''.
SEC. 103. OPERATIONS OF FAA.
Section 106(k) is amended by striking ``, $5,100,000,000''
and all that follows through ``1995'' and inserting ``,
$4,576,000,000 for fiscal year 1994, $4,674,000,000 for
fiscal year 1995, and $4,810,000,000 for fiscal year 1996''.
SEC. 104. INNOVATIVE TECHNOLOGY POLICY.
Section 47101(a) is amended--
(1) by striking ``and'' at the end of paragraph (9)(C);
(2) by striking the period at the end of paragraph (10) and
inserting a semicolon; and
(3) by adding at the end the following:
``(11) that the airport improvement program should be
administered to encourage projects that employ innovative
technology, concepts, and approaches that will promote
safety, capacity, and efficiency improvements in the
construction of airports and in the air transportation system
(including the development and use of innovative concrete and
other materials in the construction of airport facilities to
minimize initial laydown costs, minimize time out of service,
and maximize lifecycle durability) and to encourage and
solicit innovative technology proposals and activities in the
expenditure of funding pursuant to this subchapter;''.
SEC. 105. INCLUSION OF EXPLOSIVE DETECTION DEVICES AND
UNIVERSAL ACCESS SYSTEMS.
Section 47102(3)(B)(ii) is amended by inserting after ``or
security equipment'' the following: ``, including explosive
detection devices and universal access systems,''.
SEC. 106. SUBMISSION AND APPROVAL OF PROJECT GRANT
APPLICATIONS.
Section 47105(a)(1)(B) is amended--
(1) by striking ``at least 2'' each place it appears and
inserting ``1 or more''; and
(2) by striking ``similar''.
SEC. 107. PREVENTIVE MAINTENANCE.
(a) Condition of Assistance.--Section 47105 is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Preventive Maintenance.--After January 1, 1995, the
Secretary may approve an application under this subchapter
for the replacement or reconstruction of pavement at an
airport only if the sponsor has provided such assurances or
certifications as the Secretary may determine appropriate
that such airport has implemented an effective airport
pavement maintenance-management program. The Secretary may
require such reports on pavement condition and pavement
management programs as the Secretary determines may be
useful.''.
(b) Study.--
(1) In general.--The Secretary shall study the products
used for airport pavement maintenance and rehabilitation.
Such study shall consider, at a minimum, the cost and
benefits of the following:
(A) A requirement that the manufacturer or installer of
such products provide minimum warranties.
(B) Establishment of enhanced minimum specifications or
performance standards for such products.
(C) The use of insurance or other means to improve the
performance and value of such products.
(2) Solicitation of views.--In conducting the study under
this subsection, the Secretary shall solicit and consider the
views of airport operators, manufacturers of airport pavement
maintenance and rehabilitation products, installers of such
products, appropriate Federal agencies, and other relevant
persons.
(3) Report.--Not later than June 1, 1995, the Secretary
shall report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Public
Works and Transportation of the House of Representatives on
the results of the study conducted under this subsection.
SEC. 108. REPEAL OF GENERAL AVIATION AIRPORT PROJECT GRANT
APPLICATION APPROVAL.
Section 47106 is amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
SEC. 109. REPORTS ON IMPACTS OF NEW AIRPORT PROJECTS.
Section 47106 is amended by adding at the end the
following:
``(f) Reports Relating to Construction of Certain New Hub
Airports.--At least 90 days prior to the approval under this
subchapter of a project grant application for construction of
a new hub airport that is expected to have 0.25 percent or
more of the total annual enplanements in the United States,
the Secretary shall submit to Congress a report analyzing the
anticipated impact of such proposed new airport on--
``(1) the fees charged to air carriers (including landing
fees), and other costs that will be incurred by air carriers,
for using the proposed airport;
``(2) air transportation that will be provided in the
geographic region of the proposed airport; and
``(3) the availability and cost of providing air
transportation to rural areas in such geographic region.''.
SEC. 110. AIRPORT FEES POLICY.
Section 47101(a) is further amended by adding at the end
the following:
``(12) that airport fees, rates, and charges must be
reasonable and may only be used for purposes not prohibited
by this Act; and
``(13) that airports should be as self-sustaining as
possible under the circumstances existing at each particular
airport and in establishing new fees, rates, and charges, and
generating revenues from all sources, airport owners and
operators should not seek to create revenue surpluses that
exceed the amounts to be used for airport system purposes and
for other purposes for which airport revenues may be spent
under section 47107(b)(1) of this title, including reasonable
reserves and other funds to facilitate financing and cover
contingencies.''.
SEC. 111. AIRPORT FINANCIAL REPORTS.
(a) In General.--Section 47107(a) is amended--
(1) by inserting before the semicolon at the end of
paragraph (15) ``and make such reports available to the
public'';
(2) by striking ``and'' at the end of paragraph (17);
(2) by striking the period at the end of paragraph (18) and
inserting ``; and''; and
(3) by adding at the end the following:
``(19) the airport owner or operator will submit to the
Secretary and make available to the public an annual report
listing in detail--
``(A) all amounts paid by the airport to any other unit of
government and the purposes for which each such payment was
made; and
``(B) all services and property provided to other units of
government and the amount of compensation received for
provision of each such service and property.''.
(b) Format for Reporting.--Within 180 days after the date
of the enactment of this Act, the Secretary shall prescribe a
uniform simplified format for reporting that is applicable to
airports. Such format shall be designed to enable the public
to understand readily how funds are collected and spent at
[[Page 1514]]
airports, and to provide sufficient information relating to
total revenues, operating expenditures, capital expenditures,
debt service payments, contributions to restricted funds,
accounts, or reserves required by financing agreements or
covenants or airport lease or use agreements or covenants.
Such format shall require each commercial service airport to
report the amount of any revenue surplus, the amount of
concession-generated revenue, and other information as
required by the Secretary.
(c) Annual Summaries.--Section 47107 is amended by adding
at the end the following:
``(k) Annual Summaries of Financial Reports.--The Secretary
shall provide to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Public
Works and Transportation of the House of Representatives an
annual summary of the reports submitted to the Secretary
under subsection (a)(19) of this section and under section
111(b) of the Federal Aviation Administration Authorization
Act of 1994.''.
SEC. 112. ADDITIONAL ENFORCEMENT AGAINST ILLEGAL DIVERSION OF
AIRPORT REVENUE.
(a) New Policies And Procedures.--Section 47107 is further
amended by adding at the end the following:
``(l) Policies and Procedures To Ensure Enforcement Against
Illegal Diversion of Airport Revenue.--
``(1) In general.--Not later than 90 days after the date of
the enactment of this subsection, the Secretary of
Transportation shall establish policies and procedures that
will assure the prompt and effective enforcement of
subsections (a)(13) and (b) of this section and grant
assurances made under such subsections. Such policies and
procedures shall recognize the exemption provision in
subsection (b)(2) of this section and shall respond to the
information contained in the reports of the Inspector General
of the Department of Transportation on airport revenue
diversion and such other relevant information as the
Secretary may by law consider.
``(2) Revenue diversion.--Policies and procedures to be
established pursuant to paragraph (1) of this subsection
shall prohibit, at a minimum, the diversion of airport
revenues (except as authorized under subsection (b) of this
section) through--
``(A) direct payments or indirect payments, other than
payments reflecting the value of services and facilities
provided to the airport;
``(B) use of airport revenues for general economic
development, marketing, and promotional activities unrelated
to airports or airport systems;
``(C) payments in lieu of taxes or other assessments that
exceed the value of services provided; or
``(D) payments to compensate nonsponsoring governmental
bodies for lost tax revenues exceeding stated tax rates.
``(3) Efforts to be self-sustaining.--With respect to
subsection (a)(13) of this section, policies and procedures
to be established pursuant to paragraph (1) of this
subsection shall take into account, at a minimum, whether
owners and operators of airports, when entering into new or
revised agreements or otherwise establishing rates, charges,
and fees, have undertaken reasonable efforts to make their
particular airports as self-sustaining as possible under the
circumstances existing at such airports.
``(4) Administrative safeguards.--Policies and procedures
to be established pursuant to paragraph (1) shall mandate
internal controls, auditing requirements, and increased
levels of Department of Transportation personnel sufficient
to respond fully and promptly to complaints received
regarding possible violations of subsections (a)(13) and (b)
of this section and grant assurances made under such
subsections and to alert the Secretary to such possible
violations.''.
(b) Withholding of Approval of Applications for Grants or
Passenger Facility Charges; Judicial Enforcement.--Section
47111 is amended by adding at the end the following:
``(e) Action on Grant Assurances Concerning Airport
Revenues.--If, after notice and opportunity for a hearing,
the Secretary finds a violation of section 47107(b) of this
title, as further defined by the Secretary under section
47107(l) of this title, or a violation of an assurance made
under section 47107(b) of this title, and the Secretary has
provided an opportunity for the airport sponsor to take
corrective action to cure such violation, and such corrective
action has not been taken within the period of time set by
the Secretary, the Secretary shall withhold approval of any
new grant application for funds under this chapter, or any
proposed modification to an existing grant that would
increase the amount of funds made available under this
chapter to the airport sponsor, and withhold approval of any
new application to impose a fee under section 40117 of this
title. Such applications may thereafter be approved only upon
a finding by the Secretary that such corrective action as the
Secretary requires has been taken to address the violation
and that the violation no longer exists.
``(f) Judicial Enforcement.--For any violation of this
chapter or any grant assurance made under this chapter, the
Secretary may apply to the district court of the United
States for any district in which the violation occurred for
enforcement. Such court shall have jurisdiction to enforce
obedience thereto by a writ of injunction or other process,
mandatory or otherwise, restraining any person from further
violation.''.
(d) Civil Penalties.--
(1) General penalty.--Section 46301(a) is amended--
(A) in paragraph (1) by striking ``or 46303'' and inserting
``46303, or 47107(b) (including any assurance made under such
section)''; and
(B) by adding at the end the following:
``(5) In the case of a violation of section 47107(b) of
this title, the maximum civil penalty for a continuing
violation shall not exceed $50,000.''.
(2) Administrative penalty.--Section 46301(d)(2) is amended
by striking ``or 46303'' and inserting ``46303, or 47107(b)
(as further defined by the Secretary under section 47107(l)
and including any assurance made under section 47107(b))''.
(3) Procedures.--Section 46301(d)(7) is amended by adding
at the end the following:
``(D) In the case of a violation of section 47107(b) of
this title or any assurance made under such section--
``(i) a civil penalty shall not be assessed against an
individual;
``(ii) a civil penalty may be compromised as provided under
subsection (f); and
``(iii) judicial review of any order assessing a civil
penalty may be obtained only pursuant to section 46110 of
this title.''.
(c) Consideration of Diversion of Revenues in Awarding
Discretionary Grants.--Section 47115 is amended by adding at
the end the following new subsection:
``(f) Consideration of Diversion of Revenues in Awarding
Discretionary Grants.--
``(1) General rule.--Subject to paragraph (2), in deciding
whether or not to distribute funds to an airport from the
discretionary funds established by subsection (a) of this
section and section 47116 of this title, the Secretary shall
consider as a factor militating against the distribution of
such funds to the airport the fact that the airport is using
revenues generated by the airport or by local taxes on
aviation fuel for purposes other than capital or operating
costs of the airport or the local airports system or other
local facilities which are owned or operated by the owner or
operator of the airport and directly and substantially
related to the actual air transportation of passengers of
property.
``(2) Required finding.--Paragraph (1) shall apply only
when the Secretary finds that the amount of revenues used by
the airport for purposes other than capital or operating
costs in the airport's fiscal year preceding the date of the
application for discretionary funds exceeds the amount of
such revenues in the airport's first fiscal year ending after
the date of the enactment of this subsection, adjusted by the
Secretary for changes in the Consumer Price Index of All
Urban Consumers published by the Bureau of Labor Statistics
of the Department of Labor.''.
(d) Unreasonable Burden on Interstate Commerce.--Section
40116(d)(2)(A) is amended by adding at the end the following:
``(iv) Levy or collect a tax, fee, or charge, first taking
effect after the date of the enactment of this clause,
exclusively upon any business located at a commercial service
airport or operating as a permittee of such an airport other
than a tax, fee, or charge wholly utilized for airport or
aeronautical purposes.''.
SEC. 113. RESOLUTION OF AIRPORT-AIR CARRIER DISPUTES
CONCERNING AIRPORT FEES.
(a) In General.--Subchapter I of chapter 471 of subtitle
VII is amended--
(1) by redesignating section 47129 (and any references
thereto) as section 47131; and
(2) by adding at the end the following new section:
``Sec. 47129. Resolution of airport-air carrier disputes
concerning airport fees
``(a) Authority To Request Secretary's Determination.--
``(1) In general.--The Secretary of Transportation shall
issue a determination as to whether a fee imposed upon one or
more air carriers (as defined in section 40102 of this
subtitle) by the owner or operator of an airport is
reasonable if--
``(A) a written request for such determination is filed
with the Secretary by such owner or operator; or
``(B) a written complaint requesting such determination is
filed with the Secretary by an affected air carrier within 60
days after such carrier receives written notice of the
establishment or increase of such fee.
``(2) Calculation of fee.--A fee subject to a determination
of reasonableness under this section may be calculated
pursuant to either a compensatory or residual fee methodology
or any combination thereof.
``(3) Secretary not to set fee.--In determining whether a
fee is reasonable under this section, the Secretary may only
determine whether the fee is reasonable or unreasonable and
shall not set the level of the fee.
``(b) Procedural Regulations.--Not later than 90 days after
the date of the enactment of this section, the Secretary
shall publish in the Federal Register final regulations,
policy statements, or guidelines establishing--
``(1) the procedures for acting upon any written request or
complaint filed under subsection (a)(1); and
``(2) the standards or guidelines that shall be used by the
Secretary in determining under this section whether an
airport fee is reasonable.
``(c) Decisions By Secretary.--The final regulations,
policy statements, or guidelines required in subsection (b)
shall provide the following:
``(1) Not more than 120 days after an air carrier files
with the Secretary a written
[[Page 1515]]
complaint relating to an airport fee, the Secretary shall
issue a final order determining whether such fee is
reasonable.
``(2) Within 30 days after such complaint is filed with the
Secretary, the Secretary shall dismiss the complaint if no
significant dispute exists or shall assign the matter to an
administrative law judge; and thereafter the matter shall be
handled in accordance with part 302 of title 14, Code of
Federal Regulations, or as modified by the Secretary to
ensure an orderly disposition of the matter within the 120-
day period and any specifically applicable provisions of this
section.
``(3) The administrative law judge shall issue a
recommended decision within 60 days after the complaint is
assigned or within such shorter period as the Secretary may
specify.
``(4) If the Secretary, upon the expiration of 120 days
after the filing of the complaint, has not issued a final
order, the decision of the administrative law judge shall be
deemed to be the final order of the Secretary.
``(5) Any party to the dispute may seek review of a final
order of the Secretary under this subsection in the Circuit
Court of Appeals for the District of Columbia Circuit or the
court of appeals in the circuit where the airport which gives
rise to the written complaint is located.
``(6) Any findings of fact in a final order of the
Secretary under this subsection, if supported by substantial
evidence, shall be conclusive if challenged in a court
pursuant to this subsection. No objection to such a final
order shall be considered by the court unless objection was
urged before an administrative law judge or the Secretary at
a proceeding under this subsection or, if not so urged,
unless there were reasonable grounds for failure to do so.
``(d) Payment Under Protest; Guarantee of Air Carrier
Access.--
``(1) Payment under protest.--
``(A) In general.--Any fee increase or newly established
fee which is the subject of a complaint that is not dismissed
by the Secretary shall be paid by the complainant air carrier
to the airport under protest.
``(B) Referral or credit.--Any amounts paid under this
subsection by a complainant air carrier to the airport under
protest shall be subject to refund or credit to the air
carrier in accordance with directions in the final order of
the Secretary within 30 days of such order.
``(C) Assurance of timely repayment.--In order to assure
the timely repayment, with interest, of amounts in dispute
determined not to be reasonable by the Secretary, the airport
shall obtain a letter of credit, or surety bond, or other
suitable credit facility, equal to the amount in dispute that
is due during the 120-day period established by this section,
plus interest, unless the airport and the complainant air
carrier agree otherwise.
``(D) Deadline.--The letter of credit, or surety bond, or
other suitable credit facility shall be provided to the
Secretary within 20 days of the filing of the complaint and
shall remain in effect for 30 days after the earlier of 120
days or the issuance of a timely final order by the Secretary
determining whether such fee is reasonable.
``(2) Guarantee of air carrier access.--Contingent upon an
air carrier's compliance with the requirements of paragraph
(1) and pending the issuance of a final order by the
Secretary determining the reasonableness of a fee that is the
subject of a complaint filed under subsection (a)(1)(B), an
owner or operator of an airport may not deny an air carrier
currently providing air service at the airport reasonable
access to airport facilities or service, or otherwise
interfere with an air carrier's prices, routes, or services,
as a means of enforcing the fee.
``(e) Applicability.--This section does not apply to--
``(1) a fee imposed pursuant to a written agreement with
air carriers using the facilities of an airport;
``(2) a fee imposed pursuant to a financing agreement or
covenant entered into prior to the date of the enactment of
this section; or
``(3) any other existing fee not in dispute as of such date
of enactment.
``(f) Effect On Existing Agreements.--Nothing in this
section shall adversely affect--
``(1) the rights of any party under any existing written
agreement between an air carrier and the owner or operator of
an airport; or
``(2) the ability of an airport to meet its obligations
under a financing agreement, or covenant, that is in force as
of the date of the enactment of this section.
``(g) Definition.--In this section, the term `fee' means
any rate, rental charge, landing fee, or other service charge
for the use of airport facilities.''.
(b) Conforming Amendment.--The analysis to such chapter is
amended--
(1) by striking ``47129'' and inserting ``47131''; and
(2) by inserting after the item relating to section 47128
the following:
``47129. Resolution of airport-air carrier disputes concerning airport
fees.''.
SEC. 114. TERMINAL DEVELOPMENT.
Section 47109 is amended--
(1) in subsection (a) by striking ``subsections (b) and
(c)'' and inserting ``subsection (b)''; and
(2) by striking subsection (c).
SEC. 115. LETTERS OF INTENT.
Section 47110(e) is amended by adding at the end the
following:
``(6) Limitation on statutory construction.--Nothing in
this section shall be construed to prohibit the obligation of
amounts pursuant to a letter of intent under this subsection
in the same fiscal year as the letter of intent is issued.''.
SEC. 116. MILITARY AIRPORT PROGRAM.
(a) Military Airport Set-Aside.--Section 47117(e)(1)(E) is
amended by striking ``and 1995'' and inserting ``, 1995, and
1996''.
(b) Designation of Military Airports.--Section 47118(a) is
amended--
(1) by striking ``12'' and inserting ``15''; and
(2) by adding at the end the following: ``The Secretary may
only designate an airport for such grants (other than an
airport designated for such grants on or before the date of
the enactment of this sentence) if the Secretary finds that
grants under such section for projects at such airport would
reduce delays at an airport with more than 20,000 hours of
annual delays in commercial passenger aircraft takeoffs and
landings.''.
(c) Elimination of Extension of 5-Year Period of
Eligibility.--Section 47118(d) is amended by striking the
last sentence.
(d) Construction of Parking Lots, Fuel Farms, and
Utilities.--Section 47118(f) is amended by striking ``-1995''
and inserting ``-1996''.
SEC. 117. TERMINAL DEVELOPMENT COSTS.
Section 47119 is amended--
(1) in subsection (a) by inserting ``or, in the case of a
commercial service airport which annually had less than 0.05
percent of the total enplanements in the United States,
between January 1, 1992, and October 31, 1992,'' after ``July
12, 1976,''; and
(2) by adding at the end the following:
``(c) Nonhub Airports.--With respect to a project at a
commercial service airport which annually has less than 0.05
percent of the total enplanements in the United States, the
Secretary may approve the use of the amounts described in
subsection (a) notwithstanding the requirements of sections
47107(a)(17), 47112, and 47113.''.
SEC. 118. AIRPORT SAFETY DATA COLLECTION.
(a) In General.--Chapter 471 of subtitle VII is further
amended by inserting after section 47129 the following:
``Sec. 47130. Airport safety data collection
``Notwithstanding any other provision of law, the
Administrator of the Federal Aviation Administration may
contract, using sole source or limited source authority, for
the collection of airport safety data.''.
(b) Clerical Amendment.--The analysis for such chapter 471
is further amended by inserting after the item relating to
section 47129 the following:
``47130. Airport safety data collection.''.
SEC. 119. SOUNDPROOFING AND ACQUISITION OF CERTAIN
RESIDENTIAL BUILDINGS AND PROPERTIES.
Section 47504(c) is amended--
(1) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively;
(2) by inserting after paragraph (1) the following:
``(2) Soundproofing and acquisition of certain residential
buildings and properties.--The Secretary may incur
obligations to make grants from amounts made available under
section 48103 of this title--
``(A) for projects to soundproof residential buildings--
``(i) if the airport operator received approval for a grant
for a project to soundproof residential buildings pursuant to
section 301(d)(4)(B) of the Airport and Airway Safety and
Capacity Expansion Act of 1987;
``(ii) if the airport operator submits updated noise
exposure contours, as required by the Secretary; and
``(iii) if the Secretary determines that the proposed
projects are compatible with the purposes of this chapter;
and
``(B) to an airport operator and unit of local government
referred to in paragraph (1)(A) or (1)(B) of this subsection
to soundproof residential buildings located on residential
properties, and to acquire residential properties, at which
noise levels are not compatible with normal operations of an
airport--
``(i) if the airport operator amended an existing local
aircraft noise regulation during calendar year 1993 to
increase the maximum permitted noise levels for scheduled air
carrier aircraft as a direct result of implementation of
revised aircraft noise departure procedures mandated for
aircraft safety purposes by the Administrator of the Federal
Aviation Administration for standardized application at
airports served by scheduled air carriers;
``(ii) if the airport operator submits updated noise
exposure contours, as required by the Secretary; and
``(iii) if the Secretary determines that the proposed
projects are compatible with the purposes of this chapter.'';
and
(3) in paragraph (4), as so redesignated, by striking
``paragraph (1) of''.
SEC. 120. LANDING AIDS AND NAVIGATIONAL EQUIPMENT INVENTORY
POOL.
(a) Purchase.--Section 44502(a) is amended by adding at the
end the following new paragraph:
``(4) Purchase of instrument landing system.--
``(A) Establishment of program.--The Secretary shall
purchase precision approach instrument landing system
equipment for installation at airports on an expedited basis.
``(B) Authorization.--No less than $30,000,000 of the
amounts appropriated under section 48101(a) for each of
fiscal years 1995 and 1996 shall be used for the purpose of
carrying out this paragraph, including acquisi-
[[Page 1516]]
tion, site preparation work, installation, and related
expenditures.''.
(b) Cost Savings Associated With Purchase.--Notwithstanding
other provisions of law or regulations to the contrary, the
Administrator shall establish, within 120 days after the date
of the enactment of this Act, a process through which airport
sponsors may take advantage of cost savings associated with
the purchase and installation of instrument landing systems,
along with associated equipment, under existing or future
Federal Aviation Administration contracts. The process
established by the Administrator may provide for the direct
reimbursement (including administrative costs) of the
Administrator by an airport sponsor using grants funds under
subchapter I of chapter 471 of subtitle VII of title 49,
United States Code, relating to airport improvement, for the
ordering of such equipment and installation or for the direct
ordering of such equipment and installation by an airport
sponsor, using such grant funds, from the suppliers with
which the Administrator has contracted.
SEC. 121. REVIEW OF PASSENGER FACILITY CHARGE PROGRAM.
The Secretary shall conduct a review of section 158.49(b)
of title 14, Code of Federal Regulations, to assess the
effectiveness of such section in light of the objectives of
section 40117 of title 49, United States Code, and shall take
such corrective action as the Secretary determines to be
necessary to address any problems discovered in the review.
TITLE II--OTHER AVIATION PROGRAMS
SEC. 201. TERM OF OFFICE OF FAA ADMINISTRATOR.
Section 106(b) is amended by adding at the end the
following: ``The term of office for any individual appointed
as Administrator after the date of the enactment of this
sentence shall be 5 years.''.
SEC. 202. ASSISTANCE TO FOREIGN AVIATION AUTHORITIES.
Section 40113 is amended by adding at the end the following
new subsection:
``(e) Assistance To Foreign Aviation Authorities.--
``(1) Safety-related training and operational services.--
The Administrator may provide safety-related training and
operational services to foreign aviation authorities with or
without reimbursement, if the Administrator determines that
providing such services promotes aviation safety. To the
extent practicable, air travel reimbursed under this
subsection shall be conducted on United States air carriers.
``(2) Reimbursement sought.--The Administrator shall
actively seek reimbursement for services provided under this
subsection from foreign aviation authorities capable of
providing such reimbursement.
``(3) Crediting appropriations.--Funds received by the
Administrator pursuant to this section shall be credited to
the appropriation from which the expenses were incurred in
providing such services.
``(4) Reporting.--Not later than December 31, 1995, and
annually thereafter, the Administrator shall transmit to
Congress a list of the foreign aviation authorities to which
the Administrator provided services under this subsection in
the preceding fiscal year. Such list shall specify the dollar
value of such services and any reimbursement received for
such services.''.
SEC. 203. USE OF PASSENGER FACILITY CHARGES TO MEET FEDERAL
MANDATES.
Section 40117(a)(3) is amended--
(1) by striking ``and'' at end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E)
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) in addition to projects eligible under subparagraph
(A), the construction, reconstruction, repair, or improvement
of areas of an airport used for the operation of aircraft or
actions to mitigate the environmental effects of such
construction, reconstruction, repair, or improvement when the
construction, reconstruction, repair, improvement, or action
is necessary for compliance with the responsibilities of the
operator or owner of the airport under the Americans with
Disabilities Act of 1990, the Clean Air Act, or the Federal
Water Pollution Control Act with respect to the airport.''.
SEC. 204. PASSENGER FACILITY CHARGES.
(a) Clarification of Applicability.--
(1) General rule.--Section 40117(e)(2) is amended--
(A) by striking ``and'' at the end of subparagraph (B);
(B) by striking the period at the end of subparagraph
(C)(ii) and inserting ``; and''; and
(C) by adding at the end the following:
``(D) enplaning at an airport if the passenger did not pay
for the air transportation which resulted in such
enplanement, including any case in which the passenger
obtained the ticket for the air transportation with a
frequent flier award coupon without monetary payment.''.
(2) Limitation on statutory construction.--The amendment
made by paragraph (1) shall not be construed as requiring any
person to refund any fee paid before the date of the
enactment of this Act.
(b) Use of Revenues and Relationship Between Fees and
Revenues.--Section 40117(d) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2)(C)
and inserting ``; and''; and
(3) by adding at the end the following:
``(3) the application includes adequate justification for
each of the specific projects.''.
SEC. 205. GAMBLING ON COMMERCIAL AIRCRAFT.
(a) In General.--
(1) Restrictions.--Chapter 413 of subtitle VII is amended
by adding at the end the following:
``Sec. 41311. Gambling restrictions
``(a) In General.--An air carrier or foreign air carrier
may not install, transport, or operate, or permit the use of,
any gambling device on board an aircraft in foreign air
transportation.
``(b) Definition.--In this section, the term `gambling
device' means any machine or mechanical device (including
gambling applications on electronic interactive video systems
installed on board aircraft for passenger use)--
``(1) which when operated may deliver, as the result of the
application of an element of chance, any money or property;
or
``(2) by the operation of which a person may become
entitled to receive, as the result of the application of an
element of chance, any money or property.''.
(2) Clerical amendment.--The analysis of such chapter 413
is amended by inserting at the end the following new item:
``41311. Gambling restrictions.''.
(b) Study of Gambling on Commercial Aircraft.--Not later
than 1 year after the date of the enactment of this Act, the
Secretary shall complete a study of--
(1) the aviation safety effects of gambling applications on
electronic interactive video systems installed on board
aircraft for passenger use, including an evaluation of the
effect of such systems on the navigational and other
electronic equipment of the aircraft, on the passengers and
crew of the aircraft, and on issues relating to the method of
payment;
(2) the competitive implications of permitting foreign air
carriers only, but not United States air carriers, to
install, transport, and operate gambling applications on
electronic interactive video systems on board aircraft in the
foreign commerce of the United States on flights over
international waters, or in fifth freedom city-pair markets;
and
(3) whether gambling should be allowed on international
flights, including proposed legislation to effectuate any
recommended changes in existing law.
The Secretary shall, within 5 days after the completion of
the study, submit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Public Works and Transportation of the House of
Representatives on the results of the study.
SEC. 206. SLOTS FOR AIR CARRIERS AT AIRPORTS.
(a) Availability of Slots.--
(1) In general.--Subchapter I of chapter 417 of subtitle
VII is amended by adding at the end the following:
``Sec. 41714. Availability of slots
``(a) Making Slots Available for Essential Air Service.--
``(1) Operational authority.--If basic essential air
service under subchapter II of this chapter is to be provided
from an eligible point to a high density airport (other than
Washington National Airport), the Secretary of Transportation
shall ensure that the air carrier providing or selected to
provide such service has sufficient operational authority at
the high density airport to provide such service. The
operational authority shall allow flights at reasonable times
taking into account the needs of passengers with connecting
flights.
``(2) Exemptions.--If necessary to carry out the objectives
of paragraph (1), the Secretary shall by order grant
exemptions from the requirements of subparts K and S of part
93 of title 14, Code of Federal Regulations (pertaining to
slots at high density airports), to air carriers using Stage
3 aircraft or to commuter air carriers, unless such an
exemption would significantly increase operational delays.
``(3) Assurance of access.--If the Secretary finds that an
exemption under paragraph (2) would significantly increase
operational delays, the Secretary shall take such action as
may be necessary to ensure that an air carrier providing or
selected to provide basic essential air service is able to
obtain access to a high density airport; except that the
Secretary shall not be required to make slots available at
O'Hare International Airport in Chicago, Illinois, if the
number of slots available for basic essential air service
(including slots specifically designated as essential air
service slots and slots used for such purposes) to and from
such airport is at least 132 slots.
``(4) Action by the secretary.--The Secretary shall issue a
final order under this subsection on or before the 60th day
after receiving a request from an air carrier for operational
authority under this subsection.
``(b) Slots for Foreign Air Transportation.--
``(1) Exemptions.--If the Secretary finds it to be in the
public interest at a high density airport (other than
Washington National Airport), the Secretary may grant by
order exemptions from the requirements of subparts K and S of
part 93 of title 14, Code of Federal Regulations (pertaining
to slots at high density airports), to enable air carriers
and foreign air carriers to provide foreign air
transportation using Stage 3 aircraft.
``(2) Slot withdrawals.--The Secretary may not withdraw a
slot from an air carrier in order to allocate that slot to a
carrier to provide foreign air transportation if the
withdrawal of that slot would result in the withdrawal of
slots from an air carrier at
[[Page 1517]]
O'Hare International Airport under section 93.223 of title
14, Code of Federal Regulations, in excess of the total
withdrawn from that air carrier as of October 31, 1993.
``(3) Equivalent rights of access.--The Secretary shall not
take a slot at a high density airport from an air carrier and
award such slot to a foreign air carrier if the Secretary
determines that air carriers are not provided equivalent
rights of access to airports in the country of which such
foreign air carrier is a citizen.
``(4) Period of effectiveness.--This subsection and
exemptions issued under this subsection shall cease to be in
effect when the final rules issued under subsection (f)
become effective.
``(c) Slots for New Entrants.--
``(1) In general.--If the Secretary finds it to be in the
public interest and the circumstances to be exceptional, the
Secretary may by order grant exemptions from the requirements
under subparts K and S of part 93 of title 14, Code of
Federal Regulations (pertaining to slots at high density
airports), to enable new entrant air carriers to provide air
transportation at high density airports (other than
Washington National Airport).
``(2) Period of effectiveness.--Exemptions issued under
this subsection shall cease to be in effect on or after the
date on which the final rules issued under subsection (f)
become effective.
``(d) Special Rules for Washington National Airport.--
(1) In general.--Notwithstanding sections 6005(c)(5) and
6009(e) of the Metropolitan Washington Airports Act of 1986,
or any provision of this section, the Secretary may, only
under circumstances determined by the Secretary to be
exceptional, grant by order to an air carrier currently
holding or operating a slot at Washington National Airport an
exemption from requirements under subparts K and S of part 93
of title 14, Code of Federal Regulations (pertaining to slots
at Washington National Airport), to enable that carrier to
provide air transportation with Stage 3 aircraft at
Washington National Airport; except that such exemption shall
not--
``(A) result in an increase in the total number of slots
per day at Washington National Airport;
``(B) result in an increase in the total number of slots at
Washington National Airport from 7:00 ante meridiem to 9:59
post meridiem;
``(C) increase the number of operations at Washington
National Airport in any 1-hour period by more than 2
operations;
``(D) result in the withdrawal or reduction of slots
operated by an air carrier;
``(E) result in a net increase in noise impact on
surrounding communities resulting from changes in timing of
operations permitted under this subsection; and
``(F) continue in effect on or after the date on which the
final rules issued under subsection (f) become effective.
``(2) Limitation on applicability.--Nothing in this
subsection shall adversely affect Exemption No. 5133, as from
time-to-time amended and extended.
``(e) Study.--
``(1) Matters to be considered.--The Secretary shall
continue the Secretary's current examination of slot
regulations and shall ensure that the examination includes
consideration of--
``(A) whether improvements in technology and procedures of
the air traffic control system and the use of quieter
aircraft make it possible to eliminate the limitations on
hourly operations imposed by the high density rule contained
in part 93 of title 14 of the Code of Federal Regulations or
to increase the number of operations permitted under such
rule;
``(B) the effects of the elimination of limitations or an
increase in the number of operations allowed on each of the
following:
``(i) congestion and delay in any part of the national
aviation system;
``(ii) the impact of noise on persons living near the
airport;
``(iii) competition in the air transportation system;
``(iv) the profitability of operations of airlines serving
the airport; and
``(v) aviation safety;
``(C) the impact of the current slot allocation process
upon the ability of air carriers to provide essential air
service under subchapter II of this chapter;
``(D) the impact of such allocation process upon the
ability of new entrant air carriers to obtain slots in time
periods that enable them to provide service;
``(E) the impact of such allocation process on the ability
of foreign air carriers to obtain slots;
``(F) the fairness of such process to air carriers and the
extent to which air carriers are provided equivalent rights
of access to the air transportation market in the countries
of which foreign air carriers holding slots are citizens;
``(G) the impact, on the ability of air carriers to provide
domestic and international air service, of the withdrawal of
slots from air carriers in order to provide slots for foreign
air carriers; and
``(H) the impact of the prohibition on slot withdrawals in
subsections (b)(2) and (b)(3) of this section on the aviation
relationship between the United States Government and foreign
governments, including whether the prohibition in such
subsections will require the withdrawal of slots from general
and military aviation in order to meet the needs of air
carriers and foreign air carriers providing foreign air
transportation (and the impact of such withdrawal on general
aviation and military aviation) and whether slots will become
available to meet the needs of air carriers and foreign air
carriers to provide foreign air transportation as a result of
the planned relocation of Air Force Reserve units and the Air
National Guard at O'Hare International Airport.
``(2) Report.--Not later than January 31, 1995, the
Secretary shall complete the current examination of slot
regulations and shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Public Works and Transportation of the House of
Representatives a report containing the results of such
examination.
``(f) Rulemaking.--The Secretary shall conduct a rulemaking
proceeding based on the results of the study described in
subsection (e). In the course of such proceeding, the
Secretary shall issue a notice of proposed rulemaking not
later than August 1, 1995, and shall issue a final rule not
later than 90 days after public comments are due on the
notice of proposed rulemaking.
``(g) Weekend Operations.--The Secretary shall consider the
advisability of revising section 93.227 of title 14, Code of
Federal Regulations, so as to eliminate weekend schedules
from the determination of whether the 80 percent standard of
subsection (a)(1) of that section has been met.
``(h) Definitions.--In this section and section 41734(h),
the following definitions apply:
``(1) Commuter air carrier.--The term `commuter air
carrier' means a commuter operator as defined or applied in
subpart K or S of part 93 of title 14, Code of Federal
Regulations.
``(2) High density airport.--The term `high density
airport' means an airport at which the Administrator limits
the number of instrument flight rule takeoffs and landings of
aircraft.
``(3) New entrant air carrier.--The term `new entrant air
carrier' means an air carrier that does not hold a slot at
the airport concerned and has never sold or given up a slot
at that airport after December 16, 1985, and a limited
incumbent carrier as defined in subpart S of part 93 of title
14, Code of Federal Regulations.
``(4) Slot.--The term `slot' means a reservation for an
instrument flight rule takeoff or landing by an air carrier
of an aircraft in air transportation.''.
(b) Clerical Amendment.--The analysis for chapter 417 of
subtitle VII is amended by inserting after the item relating
to section 41713 the following:
``41714. Availability of slots.''.
(c) Nonconsideration of Slot Availability.--Section 41734
is amended by adding at the end the following:
``(h) Nonconsideration of Slot Availability.--In
determining what is basic essential air service and in
selecting an air carrier to provide such service, the
Secretary shall not consider as a factor whether slots at a
high density airport are available for providing such
service.''.
SEC. 207. AIR SERVICE TERMINATION NOTICE.
(a) In General.--Subchapter I of chapter 417 of subtitle
VII is further amended by adding at the end the following new
section:
``Sec. 41715. Air service termination notice
``(a) In General.--An air carrier may not terminate
interstate air transportation from a nonhub airport included
on the Secretary's latest published list of such airports,
unless such air carrier has given the Secretary at least 45
days' notice before such termination.
``(b) Exceptions.--The requirements of subsection (a) shall
not apply when--
``(1) the carrier involved is experiencing a sudden or
unforeseen financial emergency, including natural weather
related emergencies, equipment-related emergencies, and
strikes;
``(2) the termination of transportation is made for
seasonal purposes only;
``(3) the carrier involved has operated at the affected
nonhub airport for 180 days or less;
``(4) the carrier involved provides other transportation by
jet from another airport serving the same community as the
affected nonhub airport; or
``(5) the carrier involved makes alternative arrangements,
such as a change of aircraft size, or other types of
arrangements with a part 121 or part 135 air carrier, that
continues uninterrupted service from the affected nonhub
airport.
``(c) Waivers for Regional/Commuter Carriers.--Before
January 1, 1995, the Secretary shall establish terms and
conditions under which regional/commuter carriers can be
excluded from the termination notice requirement.
``(d) Definitions.--In this section, the following
definitions apply:
``(1) Nonhub airport.--The term `nonhub airport' has the
meaning that term has under section 41731(a)(3).
``(2) Part 121 air carrier.--The term `part 121 air
carrier' means an air carrier to which part 121 of title 14,
Code of Federal Regulations, applies.
``(3) Part 135 air carrier.--The term `part 135 air
carrier' means an air carrier to which part 135 of title 14,
Code of Federal Regulations, applies.
``(4) Regional/commuter carriers.--The term `regional/
commuter carrier' means--
``(A) a part 135 air carrier; or
``(B) a part 121 air carrier that provides air
transportation exclusively with aircraft having a seating
capacity of no more than 70 passengers.
``(5) Termination.--The term `termination' means the
cessation of all service at an airport by an air carrier.''.
[[Page 1518]]
(b) Conforming Amendments.--The analysis of such chapter
417 is amended by inserting after the item relating to
section 41713 the following new item:
``41715. Air service termination notice.''.
(c) Civil Penalties.--Section 46301(a) is amended--
(1) in paragraph (1)(A) by striking ``or 46303'' and
inserting ``46303, or 41715'';
(2) in paragraph (4) by inserting ``(other than a violation
of section 41715)'' after ``violation'' the second and third
place it appears; and
(3) by adding at the end the following:
``(5) Notwithstanding paragraph (1), the maximum civil
penalty for violating section 41715 shall be $5,000 instead
of $1,000.''.
(d) Effective Date.--The amendments made by this section
shall take effect on February 1, 1995.
SEC. 208. STATE TAXATION OF AIR CARRIER EMPLOYEES.
Section 40116(f) is amended by adding at the end the
following:
``(3) Compensation paid by an air carrier to an employee
described in subsection (a) in connection with such
employee's authorized leave or other authorized absence from
regular duties on the carrier's aircraft in order to perform
services on behalf of the employee's airline union shall be
subject to the income tax laws of only the following:
``(A) The State or political subdivision of the State that
is the residence of the employee.
``(B) The State or political subdivision of the State in
which the employee's scheduled flight time would have been
more than 50 percent of the employee's total scheduled flight
time for the calendar year had the employee been engaged full
time in the performance of regularly assigned duties on the
carrier's aircraft.''.
SEC. 209. FOREIGN FEE COLLECTION.
Section 45301 is amended--
(1) in subsection (b) by striking ``This section'' and
inserting ``Subsection (a)''; and
(2) by adding at the end the following:
``(c) Recovery of Cost of Foreign Aviation Services.--
``(1) Establishment of fees.--The Administrator may
establish and collect fees for providing or carrying out the
following aviation services outside the United States: any
test, authorization, certificate, permit, rating, evaluation,
approval, inspection, review.
``(2) Foreign repair station certification and inspection
fees.--The Administrator must establish and collect under
this subsection fees for certification and inspection of
repair stations outside of the United States.
``(3) Level of fees.--Fees shall be established under this
subsection as necessary to recover the additional cost of
providing or carrying out such services outside the United
States, as compared to the cost of providing or carrying out
such services within the United States; except that the
Administrator may for such services as the Administrator
designates (and shall for certification and inspection of
repair stations outside the United States) establish fees at
a level necessary to recover the full cost of providing such
services.
``(4) Effect on other authority.--The provisions of this
subsection do not limit the Administrator's authority to
establish and collect fees under subsection (a).
``(5) Crediting of preestablished fees.--Fees described in
paragraph (1) that were not established before the date of
the enactment of this subsection may be credited in
accordance with section 45302(d).''.
TITLE III--RESEARCH, ENGINEERING, AND DEVELOPMENT
SEC. 301. SHORT TITLE.
This title may be cited as the ``Federal Aviation
Administration Research, Engineering, and Development
Authorization Act of 1994''.
SEC. 302. AVIATION RESEARCH AUTHORIZATION OF APPROPRIATIONS.
Section 48102(a) of title 49, United States Code, is
amended by striking paragraphs (1) and (2) and inserting the
following:
``(1) for fiscal year 1995--
``(A) $7,673,000 for management and analysis projects and
activities;
``(B) $80,901,000 for capacity and air traffic management
technology projects and activities;
``(C) $39,242,000 for communications, navigation, and
surveillance projects and activities;
``(D) $2,909,000 for weather projects and activities;
``(E) $8,660,000 for airport technology projects and
activities;
``(F) $51,004,000 for aircraft safety technology projects
and activities;
``(G) $36,604,000 for system security technology projects
and activities;
``(H) $26,484,000 for human factors and aviation medicine
projects and activities;
``(I) $8,124,000 for environment and energy projects and
activities; and
``(J) $5,199,000 for innovative/cooperative research
projects and activities; and
``(2) for fiscal year 1996--
``(A) $8,056,000 for management and analysis projects and
activities;
``(B) $84,946,000 for capacity and air traffic management
technology projects and activities;
``(C) $41,204,000 for communications, navigation, and
surveillance projects and activities;
``(D) $3,054,000 for weather projects and activities;
``(E) $9,093,000 for airport technology projects and
activities;
``(F) $53,554,000 for aircraft safety technology projects
and activities;
``(G) $38,434,000 for system security technology projects
and activities;
``(H) $27,808,000 for human factors and aviation medicine
projects and activities;
``(I) $8,532,000 for environment and energy projects and
activities; and
``(J) $5,459,000 for innovative/cooperative research
projects and activities.''.
SEC. 303. JOINT AVIATION RESEARCH AND DEVELOPMENT PROGRAM.
(a) Establishment.--The Administrator, in consultation with
the heads of other appropriate Federal agencies, shall
jointly establish a program to conduct research on aviation
technologies that enhance United States competitiveness. The
program shall include--
(1) next-generation satellite communications, including
global positioning satellites;
(2) advanced airport and airplane security;
(3) environmentally compatible technologies, including
technologies that limit or reduce noise and air pollution;
(4) advanced aviation safety programs; and
(5) technologies and procedures to enhance and improve
airport and airway capacity.
(b) Procedures for Contracts and Grants.--The Administrator
and the heads of the other appropriate Federal agencies shall
administer contracts and grants entered into under the
program established under subsection (a) in accordance with
procedures developed jointly by the Administrator and the
heads of the other appropriate Federal agencies. The
procedures should include an integrated acquisition policy
for contract and grant requirements and for technical data
rights that are not an impediment to joint programs among the
Federal Aviation Administration, the other Federal agencies
involved, and industry.
(c) Program Elements.--The program established under
subsection (a) shall include--
(1) selected programs that jointly enhance public and
private aviation technology development;
(2) an opportunity for private contractors to be involved
in such technology research and development; and
(3) the transfer of Government-developed technologies to
the private sector to promote economic strength and
competitiveness.
(d) Authorization of Appropriations.--Of amounts authorized
to be appropriated for fiscal years 1995 and 1996 under
section 48102(a) of title 49, United States Code, as amended
by section 302 of this title, there are authorized to be
appropriated for fiscal years 1995 and 1996, respectively,
such sums as may be necessary to carry out this section.
SEC. 304. AIRCRAFT CABIN AIR QUALITY RESEARCH PROGRAM.
(a) Establishment.--The Administrator, in consultation with
the heads of other appropriate Federal agencies, shall
establish a research program to determine--
(1) what, if any, aircraft cabin air conditions, including
pressure altitude systems, on flights within the United
States are harmful to the health of airline passengers and
crew, as indicated by physical symptoms such as headaches,
nausea, fatigue, and lightheadedness; and
(2) the risk of airline passengers and crew contracting
infectious diseases during flight.
(b) Contract With Center for Disease Control.--In carrying
out the research program established under subsection (a),
the Administrator and the heads of the other appropriate
Federal agencies shall contract with the Center for Disease
Control and other appropriate agencies to carry out any
studies necessary to meet the goals of the program set forth
in subsection (c).
(c) Goals.--The goals of the research program established
under subsection (a) shall be--
(1) to determine what, if any, cabin air conditions
currently exist on domestic aircraft used for flights within
the United States that could be harmful to the health of
airline passengers and crew, as indicated by physical
symptoms such as headaches, nausea, fatigue, and
lightheadedness, and including the risk of infection by
bacteria and viruses;
(2) to determine to what extent, changes in, cabin air
pressure, temperature, rate of cabin air circulation, the
quantity of fresh air per occupant, and humidity on current
domestic aircraft would reduce or eliminate the risk of
illness or discomfort to airline passengers and crew; and
(3) to establish a long-term research program to examine
potential health problems to airline passengers and crew that
may arise in an airplane cabin on a flight within the United
States because of cabin air quality as a result of the
conditions and changes described in paragraphs (1) and (2).
(d) Participation.--In carrying out the research program
established under subsection (a), the Administrator shall
encourage participation in the program by representatives of
aircraft manufacturers, air carriers, aviation employee
organizations, airline passengers, and academia.
(e) Report.--(1) Within six months after the date of
enactment of this Act, the Administrator shall submit to the
Congress a plan for implementation of the research program
established under subsection (a).
(2) The Administrator shall annually submit to the Congress
a report on the progress
[[Page 1519]]
made during the year for which the report is submitted toward
meeting the goals set forth in subsection (c).
(f) Authorization of Appropriations.--Of amounts authorized
to be appropriated for fiscal years 1995 and 1996 under
section 48102(a) of title 49, United States Code, as amended
by section 302 of this title, there are authorized to be
appropriated for fiscal years 1995 and 1996, respectively,
such sums as may be necessary to carry out this section.
SEC. 305. USE OF DOMESTIC PRODUCTS.
(a) Prohibition Against Fraudulent Use of ``Made in
America'' Labels.--(1) A person shall not intentionally affix
a label bearing the inscription of ``Made in America'', or
any inscription with that meaning, to any product sold in or
shipped to the United States, if that product is not a
domestic product.
(2) A person who violates paragraph (1) shall not be
eligible for any contract for a procurement carried out with
amounts authorized under this title, including any
subcontract under such a contract pursuant to the debarment,
suspension, and ineligibility procedures in subpart 9.4 of
chapter 1 of title 48, Code of Federal Regulations, or any
successor procedures thereto.
(b) Compliance With Buy American Act.--(1) Except as
provided in paragraph (2), the head of each office within the
Federal Aviation Administration that conducts procurements
shall ensure that such procurements are conducted in
compliance with sections 2 through 4 of the Act of March 3,
1933 (41 U.S.C. 10a through 10c, popularly known as the ``Buy
American Act'').
(2) This subsection shall apply only to procurements made
for which--
(A) amounts are authorized by this title to be made
available; and
(B) solicitations for bids are issued after the date of the
enactment of this Act.
(3) The Secretary, before January 1, 1995, shall report to
the Congress on procurements covered under this subsection of
products that are not domestic products.
(c) Definitions.--For the purposes of this section, the
term ``domestic product'' means a product--
(1) that is manufactured or produced in the United States;
and
(2) at least 50 percent of the cost of the articles,
materials, or supplies of which are mined, produced, or
manufactured in the United States.
SEC. 306. PURCHASE OF AMERICAN MADE EQUIPMENT AND PRODUCTS.
(a) Sense of Congress.--It is the sense of Congress that
any recipient of a grant under this title, or under any
amendment made by this title, should purchase, when available
and cost-effective, American made equipment and products when
expending grant monies.
(b) Notice to Recipients of Assistance.--In allocating
grants under this title, or under any amendment made by this
title, the Secretary shall provide to each recipient a notice
describing the statement made in subsection (a) by the
Congress.
SEC. 307. COOPERATIVE AGREEMENTS FOR RESEARCH, ENGINEERING,
AND DEVELOPMENT.
Section 44505 of title 49, United States Code, is amended
by adding at the end the following new subsection:
``(d) Cooperative Agreements.--The Administrator may enter
into cooperative agreements on a cost-shared basis with
Federal and non-Federal entities that the Administrator may
select in order to conduct, encourage, and promote aviation
research, engineering, and development, including the
development of prototypes and demonstration models.''.
SEC. 308. RESEARCH PROGRAM ON QUIET AIRCRAFT TECHNOLOGY.
(a) In General.--Subchapter I of chapter 475 of part B of
subtitle VII is amended by adding at the end the following
new section:
``Sec. 47509. Research program on quiet aircraft technology
for propeller and rotor driven aircraft
``(a) Establishment.--The Administrator of the Federal
Aviation Administration and the Administrator of the National
Aeronautics and Space Administration shall conduct a study to
identify technologies for noise reduction of propeller driven
aircraft and rotorcraft.
``(b) Goal.--The goal of the study conducted under
subsection (a) is to determine the status of research and
development now underway in the area of quiet technology for
propeller driven aircraft and rotorcraft, including
technology that is cost beneficial, and to determine whether
a research program to supplement existing research activities
is necessary.
``(c) Participation.--In conducting the study required
under subsection (a), the Administrator of the Federal
Aviation Administration and the Administrator of the National
Aeronautics and Space Administration shall encourage the
participation of the Department of Defense, the Department of
the Interior, the airtour industry, the aviation industry,
academia and other appropriate groups.
``(d) Report.--Not less than 280 days after the date of the
enactment of this section, the Administrator of the Federal
Aviation Administration and the Administrator of the National
Aeronautics and Space Administration shall transmit to
Congress a report on the results of the study required under
subsection (a).
``(e) Research and Development Program.--If the
Administrator of the Federal Aviation Administration and the
Administrator of the National Aeronautics and Space
Administration determine that additional research and
development is necessary and would substantially contribute
to the development of quiet aircraft technology, then the
agencies shall conduct an appropriate research program in
consultation with the entities listed in subsection (c) to
develop safe, effective, and economical noise reduction
technology (including technology that can be applied to
existing propeller driven aircraft and rotorcraft) that would
result in aircraft that operate at substantially reduced
levels of noise to reduce the impact of such aircraft and
rotorcraft on the resources of national parks and other
areas.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding after the item
relating to section 47508 the following new item:
``47509. Research program on quiet aircraft technology for propeller
and rotor driven aircraft.''.
TITLE IV--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY
SEC. 401. EXPENDITURES FROM AIRPORT AND AIRWAY TRUST FUND.
Paragraph (1) of section 9502(d) of the Internal Revenue
Code of 1986 (relating to expenditures from Airport and
Airway Trust Fund) is amended--
(1) by striking ``October 1, 1995'' and inserting ``October
1, 1996'';
(2) by inserting ``or the Airport and Airway Safety,
Capacity, Noise Improvement, and Intermodal Transportation
Act of 1992'' after ``Capacity Expansion Act of 1990'' in
subparagraph (A);
(3) by striking ``(as such Acts were in effect on the date
of the enactment of the Airport Improvement Program Temporary
Extension Act of 1994)'' in subparagraph (A) and inserting
``or the Federal Aviation Administration Authorization Act of
1994''; and
(4) by adding at the end the following new flush sentence:
``Any reference in subparagraph (A) to an Act shall be
treated as a reference to such Act and the corresponding
provisions (if any) of title 49, United States Code, as such
Act and provisions were in effect on the date of the
enactment of the last Act referred to in subparagraph (A).''
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. RULEMAKING ON RANDOM TESTING FOR PROHIBITED DRUGS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary shall complete a rulemaking
proceeding and issue a final decision on whether there should
be a reduction in the annualized rate now required by the
Secretary of random testing for prohibited drugs for
personnel engaged in aviation activities.
SEC. 502. TRANSPORTATION SECURITY REPORT.
Section 44938(a) is amended by striking ``December 31'' and
inserting ``March 31''.
SEC. 503. REPEAL OF ANNUAL REPORT REQUIREMENT.
Section 401 of the Aviation Safety and Noise Abatement Act
of 1979 (Public Law 96-193; 94 Stat. 57) is repealed.
SEC. 504. ADVANCED LANDING SYSTEM.
Notwithstanding any other provision of law or regulation,
the Administrator shall consider for approval under part 171
of title 14, Code of Federal Regulations, the new generation,
low cost, advanced landing system being developed by the
Department of Defense. The charter for approval of such
system shall be considered and acted upon expeditiously by
the Federal Aviation Administration in the region where such
system is being developed.
SEC. 505. ASBESTOS REMOVAL AND BUILDING DEMOLITION AND
REMOVAL, VACANT AIR FORCE STATION, MARIN
COUNTY, CALIFORNIA.
(a) Authorization of Appropriations.--There is authorized
to be appropriated in fiscal year 1995 to the account for the
Department of Transportation for facilities and equipment of
the Federal Aviation Administration such amount as may be
necessary to permit the Administrator to carry out asbestos
abatement activities and the demolition and removal of
buildings at the site of the vacant Air Force station located
on Mount Tamalpais, Marin County, California. The amount
authorized to be appropriated by the preceding sentence shall
not exceed the Federal Aviation Administration's share of the
costs of carrying out such activities, demolitions, and
removals.
(b) Authority To Use Funds.--The Administrator may use the
funds appropriated pursuant to the authorization of
appropriations in subsection (a) to carry out the abatement
activities and demolition and removal described in that
subsection. Such funds shall be available for such purpose
until expended.
SEC. 506. LAND ACQUISITION COSTS.
Notwithstanding section 47108 of title 49, United States
Code, the Secretary may approve an upward adjustment not to
exceed $750,000 in the maximum obligation of the United
States under an airport improvement program grant made under
subchapter I of chapter 471 of subtitle VII of such title to
a reliever airport after September 1, 1989, and before
October 1, 1989, in order to assist in funding increased land
acquisition costs (as determined in judicial proceedings) and
associated eligible project costs.
SEC. 507. INFORMATION ON DISINSECTION OF AIRCRAFT.
(a) Availability of Information.--In the interest of
protecting the health of air trav-
[[Page 1520]]
elers, the Secretary shall publish a list of the countries
(as determined by the Secretary) that require disinsection of
aircraft landing in such countries while passengers and crew
are on board such aircraft.
(b) Revision.--The Secretary shall revise the list required
under subsection (a) on a periodic basis.
(c) Publication.--The Secretary shall publish the list
required under subsection (a) not later than 30 days after
the date of the enactment of this Act. The Secretary shall
publish a revision to the list not later than 30 days after
completing the revision under subsection (b).
SEC. 508. CONTRACT TOWER ASSISTANCE.
The Secretary shall take appropriate action to assist
communities where the Secretary deems such assistance
appropriate in obtaining the installation of a Level I
Contract Tower for those communities.
SEC. 509. DISCONTINUATION OF AVIATION SAFETY JOURNAL.
(a) In General.--The Administrator may not publish, nor
contract with any other organization for the publication of,
the magazine known as the ``Aviation Safety Journal''.
(b) Cancellation of Existing Contracts.--Not later than 30
days after the date of the enactment of this Act, the
Administrator shall cancel any existing contract for
publication of the Aviation Safety Journal.
SEC. 510. MONROE AIRPORT IMPROVEMENT.
(a) Authority To Grant Waivers.--Notwithstanding section 16
of the Federal Airport Act (as in effect on the date of
transfer of Selman Field, Louisiana, from the United States
to the city of Monroe, Louisiana), the Secretary is
authorized, subject to the provisions of section 47153 of
title 49, United States Code, and the provisions of
subsection (b) of this section, to waive any term contained
in the 1949 deed of conveyance, or any other deed of
conveyance occurring subsequent to that initial transference
and before the date of enactment of this Act, under which the
United States conveyed certain property then constituting
Selman Field, Louisiana, to the city of Monroe, Louisiana,
for airport purposes.
(b) Conditions.--Any waiver granted under subsection (a)
shall be subject to the following conditions:
(1) The city of Monroe, Louisiana, shall agree that, in
conveying any interest in the property which the United
States conveyed to the city by a deed described in subsection
(a), the city will receive an amount for such interest which
is equal to the fair market value (as determined pursuant to
regulations issued by the Secretary).
(2) Any such amount so received by the city shall be used
by the city for the development, improvement, operation, or
maintenance of a public airport.
SEC. 511. SOLDOTNA AIRPORT IMPROVEMENT.
(a) Authority To Grant Waivers.--Notwithstanding section 16
of the Federal Airport Act (as in effect on December 12,
1963), the Secretary is authorized, subject to the provisions
of section 47153 of title 49, United States Code, and the
provisions of subsection (b) of this section, to waive any of
the terms contained in the deed of conveyance dated December
12, 1963, under which the United States conveyed certain
property to the city of Soldotna, Alaska, for airport
purposes.
(b) Conditions.--Any waiver granted under subsection (a)
shall be subject to the following conditions:
(1) The city of Soldotna, Alaska, shall agree that, in
conveying any interest in the property which the United
States conveyed to the city by deed dated December 12, 1963,
the city will receive an amount for such interest which is
equal to the fair market value (as determined pursuant to
regulations issued by the Secretary).
(2) Any such amount so received by the city shall be used
by the city for the development, improvement, operation, or
maintenance of a public airport.
SEC. 512. STURGIS, KENTUCKY.
(a) Authority To Grant Waivers.--Notwithstanding any other
provision of law, the Secretary is authorized, subject to
section 47153 of title 49, United States Code, and subsection
(b) of this section, to waive with respect to such parcels of
land, or portions of such parcels, as the Administrator
determines are no longer required for airport purposes, from
any term contained in the deed of conveyance dated July 13,
1948, under which the United States conveyed such property to
the Union County Air Board, State of Kentucky, for airport
purposes of the Sturgis Municipal Airport.
(b) Conditions.--Any waiver granted by the Secretary under
subsection (a) shall be subject to the following conditions:
(1) The Union County Air Board shall agree that, in leasing
or conveying any interest in the property with respect to
which waivers are granted under subsection (a), such Board
will receive an amount that is equal to the fair lease value
or the fair market value, as the case may be (as determined
pursuant to regulations issued by the Secretary).
(2) Such Board shall use any amount so received only for
the development, improvement, operation, or maintenance of
the Sturgis Municipal Airport.
(3) Any other conditions that the Secretary considers
necessary to protect or advance the interests of the United
States in civil aviation.
SEC. 513. ROLLA AIRPORT IMPROVEMENT.
(a) Authority To Grant Waivers.--Notwithstanding section 16
of the Federal Airport Act (as in effect on December 30,
1957), the Secretary is authorized, subject to the provisions
of section 47153 of title 49, United States Code, and the
provisions of subsection (b) of this section, to waive any of
the terms contained in the deed of conveyance dated December
30, 1957, or any other deed of conveyance dated after such
date and before the date of enactment of this Act, under
which the United States conveyed certain property to the city
of Rolla, Missouri, for airport purposes.
(b) Conditions.--Any waiver under subsection (a) shall be
subject to the following conditions:
(1) The city of Rolla, Missouri, shall agree that, in
conveying any interest in the property which the United
States conveyed to the city by a deed described in subsection
(a), the city will receive an amount for such interest which
is equal to the fair market value (as determined pursuant to
regulations issued by the Secretary).
(2) Any such amount so received by the city shall be used
by the city for the development, improvement, operation, or
maintenance of a public airport.
SEC. 514. PALM SPRINGS, CALIFORNIA.
(a) Authority To Grant Waivers.--Notwithstanding section
47153 of title 49, United States Code, and subject to the
provisions of subsection (b), the Secretary shall grant
waivers from all of the terms contained in the deed of
conveyance dated September 15, 1949, under which the United
States conveyed certain property to Palm Springs, California,
for airport purposes. The waivers shall apply only to
approximately 11 acres of lot 16 of section 13, and
approximately 39.07 acres of lots 19 and 20 of section 19,
used by the city of Palm Springs, California for general
governmental purposes.
(b) Conditions.--Any waiver granted by the Secretary under
subsection (a) shall be subject to the following conditions:
(1) The Secretary shall waive any requirement that there be
credited to the account of the airport any amount
attributable to the city's use for governmental purposes of
any land conveyed under the deed of conveyance referred to in
subsection (a) before the date of the enactment of this
section.
(2) The city shall abandon all claims, against income of
the Palm Springs Regional Airport or other assets of that
airport, for reimbursement of general revenue funds that the
city may have expended before the date of the enactment of
this section for acquisition of 523.39 acres of land conveyed
August 28, 1961, for airport purposes and for expenses
incurred at any time in connection with such acquisition, and
such claims shall not be eligible for reimbursement under the
Airport and Airway Improvement Act or any successor law.
SEC. 515. REAL ESTATE TRANSFERS IN ALASKA AND WEATHER
OBSERVATION SERVICES.
(a) Transfer of Site in Lake Minchumina, Alaska.--The
Administrator shall convey to the Iditarod Area School
District the Federal Aviation Administration building number
106 and a reasonable amount of land to make use of the
property, at Lake Minchumina, Alaska, for the purpose of
providing educational facilities, under the terms set forth
in Agreement No. DTFA04-93-J-82007, between the Federal
Aviation Administration and the Iditarod Area School
District, and such other terms as are mutually agreed on
between the Administrator and the Iditarod Area School
District.
(b) Transfer of Site in Fort Yukon, Alaska.--The
Administrator shall convey to the city of Fort Yukon, Alaska,
the buildings of the Federal Aviation Administration and land
in Fort Yukon, Alaska (described as that portion of Lot 4,
U.S. Survey 7161, within section 8, T.20 N., R.12E.,
Fairbanks Meridian consisting of 7.14 acres, and containing
the health clinic and staff housing for the aforementioned
clinic) for the purpose of providing health services, under
terms that are mutually agreed on between the Administrator
and the city of Fort Yukon.
(c) Weather Observation Services.--Not later than 90 days
after the date of the enactment of this Act, the
Administrator shall designate airports, as described in this
section, and provide human observers at such airports to
offer real time weather information to pilots by direct radio
contact. Airports to be designated shall be located in a
State that averaged, during the period 1989-1993, 3 or more
accidents per year involving serious or fatal injury to crew
or passengers on regularly scheduled flights operating
single-engine aircraft under visual flight rules, and shall
be designated as follows:
(1) Not to exceed 5 airports where terrain and conditions
do not lend themselves to IFR operations supported solely by
automated weather observing systems.
(2) Not to exceed 1 airport where an automated surface
observing system is scheduled to be accepted on September 1,
1994, with such weather services to be provided until such
time as the Administrator determines that the automated
surface observing system is fully operational.
(3) Not to exceed 8 airports (where such weather
observation services shall be on a cost-reimbursable basis)
that are minor hub stations or strategic visual flight rules
alternate airports at times when an observer is needed to
supplement the automated weather observing system or
immediately replace it in the event of failure.
SEC. 516. RELOCATION OF AIRWAY FACILITIES.
Compensation received by the United States for transfer of
the San Jacinto Disposal Area by the United States to the
city of Galveston, Texas, shall include compensa-
[[Page 1521]]
tion to be provided to the Federal Aviation Administration
for all costs of establishing airway facilities to replace
existing airway facilities on the San Jacinto Disposal Area.
Such compensation shall include but is not limited to
compensation for the replacement of the land, clear zones,
buildings and equipment, and demolition and disposal of the
existing facilities on the San Jacinto Disposal Area.
SEC. 517. SAFETY AT ASPEN-PITKIN COUNTY AIRPORT.
(a) Nighttime Operations.--On and after November 1, 1994,
nighttime operations (takeoffs and landings) at Aspen-Pitkin
County Airport in the State of Colorado shall be allowed for
a pilot operating under instrument flight rules or visual
flight rules under parts 91 and 135 of title 14, Code of
Federal Regulations, between 30 minutes after official sunset
and 11 p.m., local time, as follows:
(1) A pilot may operate under instrument flight rules
between 30 minutes after official sunset and 11 p.m., local
time (or such other operating hours as are established
uniformly for all classes of operators), only if the pilot--
(A) is granted clearance by air traffic control;
(B) is instrument-rated;
(C) is operating an aircraft that is equipped as required
under section 91.205(d) of such title 14 for instrument
flight; and
(D) is operating an instrument approach or departure
procedure approved by the Federal Aviation Administration.
(2) A pilot may operate under visual flight rules between
30 minutes after official sunset and 11:00 p.m., local time
(or such other operating hours as are established uniformly
for all classes of operators), only if the pilot--
(A) is instrument rated;
(B) has completed at least one takeoff or landing in the
preceding 12 calendar months at such airport; and
(C) operates an aircraft equipped as required under section
91.205(d) of such title 14 for instrument flight.
(b) Commitments of Airport Owner or Operator.--The owner or
operator of the Aspen-Pitkin County Airport shall be
considered to be in compliance with the requirements of
subchapter II of chapter 475 of title 49, United States Code,
and not otherwise unjustly discriminatory when such owner or
operator notifies the Administrator that such owner or
operator--
(1) commits to modify its existing regulation to expand
access to general aviation operations under such special
operating restrictions as are created under subsection (a)
and such conditions applicable to aircraft noise
certification as are currently in effect for night operations
at such airport; and
(2) commits permanently not to enforce its 1990 regulatory
action eliminating the so-called ``ski season exception'' to
its nighttime curfew.
To remain in compliance, such owner or operator shall carry
out both such commitments on or before November 1, 1994.
(c) Mountain Flying.--The Administrator shall issue a
notice of proposed rulemaking on mountain flying.
SEC. 518. COLLECTIVE BARGAINING AT WASHINGTON AIRPORTS.
(a) Study.--The Secretary and the Secretary of Labor shall
undertake a study of whether employees of airports operated
by the Metropolitan Washington Airports Authority
(hereinafter in this section referred to as the ``Airports
Authority'') should be given the right to bargain
collectively. The study shall consider whether the benefits
of collective bargaining for employees of the Airports
Authority outweighs the burdens of collective bargaining.
(b) Matters To Be Considered.--In conducting the study
under subsection (a), the Secretary and the Secretary of
Labor shall investigate the following matters and reach
conclusions as to the relevance of such matters to the
question of whether employees of airports operated by the
Airports Authority should be given collective bargaining
rights:
(1) The employment status of employees of the Airports
Authority.
(2) The wages and working conditions of firefighters and
other employees at the airports operated by the Airports
Authority and other airports.
(3) The collective bargaining rights of employees at the
airports operated by the Airports Authority and other
airports.
(4) Whether other airports are governed by Federal labor
laws.
(5) The existing rights of employees of the Airports
Authority to collective representation regarding the terms
and conditions of employment.
(6) Any other factors that the Secretary and the Secretary
of Labor consider relevant to the study.
In conducting such study, the Secretary and the Secretary of
Labor shall also consider procedures for impass resolution of
collective bargaining disputes that will avoid the disruption
of essential public services at the Airports Authority.
(c) Report.--Not later than March 1, 1995, the Secretary
and the Secretary of Labor shall transmit to Congress a
report containing the results of the study to be conducted
under subsection (a). If the study concludes that employees
of the airports operated by the Airports Authority should be
afforded collective bargaining rights, the report shall also
include specific legislative recommendations.
SEC. 519. REPORT ON CERTAIN BILATERAL NEGOTIATIONS.
The Secretary shall report every other month to the
Committee on Public Works and Transportation of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the status of all active
aviation bilateral and multilateral negotiations and informal
government-to-government consultations with United States
aviation trade partners.
SEC. 520. STUDY ON INNOVATIVE FINANCING.
(a) Study.--The Secretary shall conduct a study on
innovative approaches for using Federal funds to finance
airport development as a means of supplementing financing
available under the Airport Improvement Program.
(b) Matters To Be Considered.--In conducting the study
under subsection (a), the Secretary shall consider, at a
minimum, the following:
(1) Mechanisms that will produce greater investments in
airport development per dollar of Federal expenditure.
(2) Approaches that would permit entering into agreements
with non-Federal entities, such as airport sponsors, for the
loan of Federal funds, guarantee of loan repayment, or
purchase of insurance or other forms of enhancement for
borrower debt, including the use of unobligated Airport
Improvement Program contract authority and unobligated
balances in the Airport and Airway Trust Fund.
(3) Means to lower the cost of financing airport
development.
(c) Consultation.--In considering innovative financing
pursuant to this section, the Secretary may consult with
airport owners and operators and public and private sector
experts.
(d) Report to Congress.--Not later than 12 months after the
date of the enactment of this Act, the Secretary shall
transmit to Congress a report on the results of the study
conducted under subsection (a).
SEC. 521. SAFETY OF JUNEAU INTERNATIONAL AIRPORT.
(a) Study.--Not later than 30 days after the date of the
enactment of this Act, the Secretary, in cooperation with the
National Transportation Safety Board, the National Guard, and
the Juneau International Airport, shall undertake a study of
the safety of the approaches to the Juneau International
Airport.
(b) Matters To Be Considered.--In conducting the study
under subsection (a), the Secretary shall examine--
(1) the crash of Alaska Airlines Flight 1866 on September
4, 1971;
(2) the crash of a Lear Jet on October 22, 1985;
(3) the crash of an Alaska Army National Guard aircraft on
November 12, 1992;
(4) the adequacy of NAVAIDs in the vicinity of the Juneau
International Airport;
(5) the possibility of inaccurate data from Sisters Island
DVOR and the possibility of confusion between Elephant Island
Non-Directional Beacon and Coghlan Island Non-Directional
Beacon;
(6) the need for a singular Approach Surveillance Radar
site on top of Heintzleman Ridge;
(7) the need for a Terminal Very High Frequency Omni-
Directional Range (Terminal VOR) navigational aid in
Gastineau Channel; and
(8) any other matter that a participant in the study
specified in subsection (a) considers appropriate to the
safety of aircraft approaching or leaving the Juneau
International Airport.
(c) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall transmit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Public Works and Transportation
of the House of Representatives a report which--
(1) details the matters considered by the study conducted
under subsection (a);
(2) summarizes any conclusions reached by the participants
in the study;
(3) proposes specific recommendations to improve or enhance
the safety of aircraft approaching or leaving the Juneau
International Airport or contains a detailed explanation of
why no recommendations are being proposed;
(4) estimates the cost of any proposed recommendations;
(5) includes any other matters the Secretary deems
appropriate; and
(6) includes any minority views if a consensus is not
reached among the participants in the study specified in
subsection (a).
SEC. 522. STUDY ON CHILD RESTRAINT SYSTEMS.
(a) Study.--The Secretary shall conduct a study on the
availability, effectiveness, cost, and usefulness of
restraint systems that may offer protection to a child
carried in the lap of an adult aboard an air carrier aircraft
or provide for the attachment of a child restraint device to
the aircraft.
(b) Study Criteria.--Among other issues, the study shall
examine the impact of the following:
(1) The direct cost to families of requiring air carriers
to provide restraint systems and requiring infants to use
them, including whether airlines will charge a fare for use
of seats containing infant restraining systems; such estimate
to cover a ten-year period.
(2) The impact on air carrier aircraft passenger volume by
requiring use of infant restraint systems, including whether
families will choose to travel to destinations by other
means, including automobiles; such estimate to cover a ten-
year period.
[[Page 1522]]
(3) The impact over a 10-year period on fatality rates of
infants using other modes of transportation, including
automobiles.
(4) The efficacy of infant restraint systems currently
marketed as able to be used for air carrier aircraft.
(c) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Public Works and Transportation
of the House of Representatives a report on the results of
the study conducted under subsection (a).
SEC. 523. SENSE OF SENATE RELATING TO DOT INSPECTOR GENERAL.
It is the sense of the Senate that the Inspector General of
the Department of Transportation in carrying out the duties
and responsibilities of the Inspector General Act of 1978 has
oversight responsibilities and may conduct and supervise
audits and investigations relating to any funds appropriated
by the Congress and made available for any programs or
operations at Washington National Airport and Washington
Dulles International Airport, and that the Inspector General
shall--
(1) provide leadership and coordination and recommend
policies for activities designed to promote the economy,
efficiency, and effectiveness of such programs and
operations;
(2) act to prevent and detect fraud and abuse in such
programs and operations; and
(3) inform the Secretary and the Congress about problems
and deficiencies relating to the administration of such
programs and operations.
SEC. 524. SENSE OF SENATE ON ISSUANCE OF REPORT ON USAGE OF
RADAR AT THE CHEYENNE, WYOMING, AIRPORT.
It is the sense of the Senate that the Secretary should--
(1) take such action as may be necessary to revise the cost
and benefit analysis process of the Department of
Transportation to fully take projected military enplanement
and cost savings figures into consideration with regard to
radar installations at joint-use civilian and military
airports;
(2) require the Administrator to reevaluate the aircraft
radar needs at the Cheyenne, Wyoming, airport and enter into
an immediate dialogue with officials of the Wyoming Air
Guard, F.E. Warren Air Force Base, and Cheyenne area leaders
in the phase II radar installation reevaluation of the
Administration and adjust cost and benefit determinations
based to some appropriate degree on already provided military
figures and concerns and other enplanement projections in the
region; and
(3) report to Congress not later than 60 days after the
date of the enactment of this Act on the results of the
reevaluation of the aircraft radar needs of the Cheyenne,
Wyoming, airport and of Southeast Wyoming, and explain how
military figures and concerns will be appropriately solicited
in future radar decisions involving joint-use airport
facilities.
SEC. 525. NORTH KOREA.
(a) Findings.--(1) President Clinton stated in November
1993 that it is the official policy of the United States that
North Korea cannot be allowed to become a nuclear power.
(2) The United States seeks to persuade North Korea,
through negotiations, the imposition of sanctions, or other
means, to act in accordance with its freely undertaken
obligations under the Treaty on the Non-Proliferation of
Nuclear Weapons and to abandon its efforts to develop nuclear
weapons.
(3) North Korea has repeatedly threatened to withdraw from
the Treaty on the Non-Proliferation of Nuclear Weapons, has
resisted efforts of the International Atomic Energy Agency to
conduct effective inspections of its nuclear program, and has
stated that it would consider the imposition of economic
sanctions as an act of war and has threatened retaliatory
action.
(4) The North Korean Government has constructed and has
operated a reprocessing facility at Yongbyon solely designed
to convert spent nuclear fuel into plutonium with which to
make nuclear weapons. Further, the existence of this facility
and the development of these weapons gravely threaten
security in the region and increases the likelihood of
worldwide nuclear terrorism.
(5) The Secretary of Defense stated that the United States
must act on the assumption that there will be some increase
in the risk of war if sanctions are imposed on North Korea.
(6) It is incumbent on the United States to take all
necessary and prudent action to act together with the
Republic of Korea to ensure the preparedness of United States
and Republic of Korea forces to repel as quickly as possible
any attack from North Korea and to protect the safety and
security of United States and Republic of Korea forces, as
well as the safety and security of the civilian population of
the peninsula.
(b) Sense of the Senate.--It is the sense of the Senate
that the United States should immediately take all necessary
and prudent actions to enhance the preparedness and safety of
United States forces and urge and assist the Republic of
Korea to do likewise in order to deter and, if necessary,
repel an attack from North Korea.
SEC. 526. SENSE OF SENATE ON FINAL REGULATIONS UNDER CIVIL
RIGHTS ACT OF 1964.
(a) Findings.--The Senate finds that--
(1) the liberties protected by our Constitution include
religious liberty protected by the first amendment;
(2) citizens of the United States profess the beliefs of
almost every conceivable religion;
(3) Congress has historically protected religious
expression even from governmental action not intended to be
hostile to religion;
(4) the Supreme Court has written that ``the free exercise
of religion means, first and foremost, the right to believe
and profess whatever religious doctrine one desires'';
(5) the Supreme Court has firmly settled that under our
Constitution the public expression of ideas may not be
prohibited merely because the content of the ideas is
offensive to some;
(6) Congress enacted the Religious Freedom Restoration Act
of 1993 to restate and make clear again our intent and
position that religious liberty is and should forever be
granted protection from unwarranted and unjustified
government intrusions and burdens;
(7) the Equal Employment Opportunity Commission has written
proposed guidelines to title VII of the Civil Rights Act of
1964, published in the Federal Register on October 1, 1993,
that may result in the infringement of religious liberty;
(8) such guidelines do not appropriately resolve issues
related to religious liberty and religious expression in the
workplace;
(9) properly drawn guidelines for the determination of
religious harassment should provide appropriate guidance to
employers and employees and assist in the continued
preservation of religious liberty as guaranteed by the first
amendment;
(10) the Commission states in its proposed guidelines that
it retains wholly separate guidelines for the determination
of sexual harassment because the Commission believes that
sexual harassment raises issues about human interaction that
are to some extent unique in comparison to other harassment
and may warrant separate treatment; and
(11) the subject of religious harassment also raises issues
about human interaction that are to some extent unique in
comparison to other harassment.
(b) It is the sense of the Senate that, for purposes of
issuing final regulations under title VII of the Civil Rights
Act of 1964 in connection with the proposed guidelines
published by the Equal Employment Opportunity Commission on
October 1, 1993 (58 Fed. Reg. 51266)--
(1) the category of religion should be withdrawn from the
proposed guidelines at this time;
(2) any new guidelines for the determination of religious
harassment should be drafted so as to make explicitly clear
that symbols or expressions of religious belief consistent
with the first amendment and the Religious Freedom
Restoration Act of 1993 are not to be restricted and do not
constitute proof of harassment;
(3) the Commission should hold public hearings on such new
proposed guidelines; and
(4) the Commission should receive additional public comment
before issuing similar new regulations.
TITLE VI--INTRASTATE TRANSPORTATION OF PROPERTY
SEC. 601. PREEMPTION OF INTRASTATE TRANSPORTATION OF
PROPERTY.
(a) Findings.--Congress finds and declares that--
(1) the regulation of intrastate transportation of property
by the States has--
(A) imposed an unreasonable burden on interstate commerce;
(B) impeded the free flow of trade, traffic, and
transportation of interstate commerce; and
(C) placed an unreasonable cost on the American consumers;
and
(2) certain aspects of the State regulatory process should
be preempted.
(b) Transportation By Air Carrier or Carrier Affiliated
With a Direct Air Carrier.--
(1) In general.--Section 41713(b) is amended by adding at
the end the following new paragraph:
``(4) Transportation by air carrier or carrier affiliated
with a direct air carrier.--
``(A) General rule.--Except as provided in subparagraph
(B), a State, political subdivision of a State, or political
authority of 2 or more States may not enact or enforce a law,
regulation, or other provision having the force and effect of
law related to a price, route, or service of an air carrier
or carrier affiliated with a direct air carrier through
common controlling ownership when such carrier is
transporting property by aircraft or by motor vehicle
(whether or not such property has had or will have a prior or
subsequent air movement).
``(B) Matters not covered.--Subparagraph (A)--
``(i) shall not restrict the safety regulatory authority of
a State with respect to motor vehicles, the authority of a
State to impose highway route controls or limitations based
on the size or weight of the motor vehicle or the hazardous
nature of the cargo, or the authority of a State to regulate
motor carriers with regard to minimum amounts of financial
responsibility relating to insurance requirements and self-
insurance authorization; and
``(ii) does not apply to the transportation of household
goods, as defined in section 10102 of this title.
``(C) Applicability of paragraph (1).--This paragraph shall
not limit the applicability of paragraph (1).''.
(2) Conforming amendments.--
(A) Section 41713.--Section 41713(b)(2) is amended by
striking ``Paragraph (1) of this subsection does'' and
inserting ``Paragraphs (1) and (4) of this subsection do''.
[[Page 1523]]
(B) Section 40102.--Section 40102(a)(35) is amended by
striking ``for air transportation''.
(C) Section 10521.--Section 10521(b)(1) is amended by
striking ``and 11501(e)'' and inserting ``11501(e), and
11501(h)''.
(c) Transportation by Motor Carrier.--Section 11501 is
amended by adding at the end the following new subsection:
``(h) Preemption of State Economic Regulation of Motor
Carriers.--
``(1) General rule.--Except as provided in paragraphs (2)
and (3), a State, political subdivision of a State, or
political authority of 2 or more States may not enact or
enforce a law, regulation, or other provision having the
force and effect of law related to a price, route, or service
of any motor carrier (other than a carrier affiliated with a
direct air carrier covered by section 41713(b)(4) of this
title) or any motor private carrier with respect to the
transportation of property.
``(2) Matters not covered.--Paragraph (1)--
``(A) shall not restrict the safety regulatory authority of
a State with respect to motor vehicles, the authority of a
State to impose highway route controls or limitations based
on the size or weight of the motor vehicle or the hazardous
nature of the cargo, or the authority of a State to regulate
motor carriers with regard to minimum amounts of financial
responsibility relating to insurance requirements and self-
insurance authorization; and
``(B) does not apply to the transportation of households
goods.
``(3) State standard transportation practices.--
``(A) Continuation.--Paragraph (1) shall not affect any
authority of a State, political subdivision of a State, or
political authority of 2 or more States to enact or enforce a
law, regulation, or other provision, with respect to the
intrastate transportation of property by motor carriers,
related to--
``(i) uniform cargo liability rules,
``(ii) uniform bills of lading or receipts for property
being transported,
``(iii) uniform cargo credit rules, or
``(iv) antitrust immunity for joint line rates or routes,
classifications and mileage guides,
if such law, regulation, or provision meets the requirements
of subparagraph (B).
``(B) Requirements.--A law, regulation, or provision of a
State, political subdivision, or political authority meets
the requirements of this subparagraph if--
``(i) the law, regulation, or provision covers the same
subject matter as, and compliance with such law, regulation,
or provision is no more burdensome than compliance with, a
provision of this subtitle or a regulation issued by the
Interstate Commerce Commission or the Secretary of
Transportation under this subtitle; and
``(ii) the law, regulation, or provision only applies to a
carrier upon request of such carrier.
``(C) Election.--Notwithstanding any other provision of
law, a carrier affiliated with a direct air carrier through
common controlling ownership may elect to be subject to a
law, regulation, or provision of a State, political
subdivision, or political authority under this paragraph.''.
(d) Effective Date.--This section and the amendments made
by this section shall take effect on January 1, 1995; except
that with respect to the State of Hawaii the amendment made
by subsection (c) shall take effect on the last day of the 3-
year period beginning on the date of the enactment of this
Act.
And the Senate agree to the same.
From the Committee on Public Works and Transportation, for
consideration of titles I and II of the House bill, and the
Senate amendment (except secs. 121, 206, 304, 415, 418 and
title VI), and modifications committed to conference:
Norman Y. Mineta,
Nick Rahall,
James L. Oberstar,
Robert A. Borski,
Bob Clement,
Bud Shuster,
Bill Clinger,
Thomas E. Petri,
From the Committee on Banking, Finance and Urban Affairs, for
consideration of title VI of the Senate amendment, and
modifications committed to conference:
Henry Gonzalez,
Steve Neal,
From the Committee on Education and Labor, for consideration
of sec. 418 of the Senate amendment, and modifications
committed to conference:
William D. Ford,
Major R. Owens,
Howard ``Buck'' McKeon,
From the Committee on Education and Labor, for consideration
of sec. 208 of the House bill, and modifications committed to
conference:
William D. Ford,
Bill Clay,
Pat Williams,
From the Committee on Foreign Affairs, for consideration of
sec. 415 of the Senate amendment, and modifications committed
to conference:
Lee H. Hamilton,
Tom Lantos,
Gary L. Ackerman,
Howard L. Berman,
Eni Faleomavaega,
Benjamin A. Gilman,
Bill Goodling,
Jim Leach,
From the Committee on Science, Space, and Technology, for
consideration of title III of the House bill, and secs. 206
and 304 of the Senate amendment, and modifications committed
to conference:
George E. Brown, Jr.,
Tim Valentine,
Dan Glickman,
Pete Geren,
Jane Harman,
Robert S. Walker,
Tom Lewis,
Constance Morella,
From the Committee on Ways and Means, for consideration of
title IV of the House bill, and secs. 121 and 122 of the
Senate amendment, and modifications committed to conference:
Sam Gibbons,
Dan Rostenkowski,
J.J. Pickle,
Pete Stark,
Bill Archer,
Phil Crane,
Managers on the Part of the House.
Ernest Hollings,
Wendell Ford,
James Exon,
John C. Danforth,
Larry Pressler,
Managers on the Part of the Senate.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. MINETA and Mr.
CLINGER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said conference report?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said conference report was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said conference report was agreed to was passed was, by unanimous
consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 92.17 support mexico's electoral reform
Mr. TORRICELLI moved to suspend the rules and agree to the following
concurrent resolution (H. Con. Res. 250); as amended:
Whereas the United States and Mexico share a common border;
Whereas the people of the United States and the people of
Mexico have extensive cultural and historical ties that bind
together families and communities across national boundaries;
Whereas a close relationship between the United States and
Mexico, based on mutual respect and understanding, is
important to the people of both nations;
Whereas the North American Free Trade Agreement, which is
designed to increase trade, promote expanded economic
activity, and enhance cooperation on issues of mutual
interest among the United States, Canada, and Mexico, entered
into force on January 1, 1994;
Whereas the implementation of the North American Free Trade
Agreement presents new opportunities for an even closer
relationship among the United States, Canada, and Mexico;
Whereas this relationship will be furthered by free and
fair elections in Mexico on August 21, 1994;
Whereas Mexican leaders from across the political spectrum
and representatives of civic society recognized the need for
political and electoral reform and have taken steps to
achieve these goals;
Whereas recent reforms being implemented in Mexico seek to
overcome previous assertions of electoral irregularities
which have been highlighted by civil demonstrations and
political unrest;
Whereas in January 1994, Mexico's major political parties
joined together in an agreement, known as the Agreement for
Peace, Democracy, and Justice, designed to reform Mexico's
electoral system and to establish procedures for free and
fair elections;
Whereas the Federal Electoral Institute has invited
representatives of the United Nations to provide technical
assistance and financing to domestic Mexican election
observers who request this support to help foster their
independence, nonpartisanship, and objectivity; and
Whereas the spirit of the North American Free Trade
Agreement facilitates cooperation in achieving high standards
of democracy: Now, therefore be it
Resolved by the House of Representatives (the Senate
concurring), That the Congress--
(1) expresses its support for efforts undertaken by the
Government of Mexico, the major political parties, and civic
groups to reform Mexico's political and electoral processes
and for their ongoing efforts to ensure free and fair
elections;
(2) welcomes steps taken in recent months by the Mexican
Government and the nation's political parties to increase the
impartiality of the Federal electoral authorities, review the
accuracy of the voter registry list, ensure fair media
access, and reform campaign finance practices, in accordance
with the commitments enumerated in the January 1994 Agreement
for Peace, Democracy, and
[[Page 1524]]
Justice, and encourages continued progress on electoral
reform;
(3) applauds the invitation extended by the Government of
Mexico, with the concurrence of the major political parties
and concerned members of civic society, to representatives of
the United Nations to provide technical assistance and
financing to domestic Mexican election observers, and
encourages representatives of the United Nations to work
closely and directly with Mexican observers during the
electoral process;
(4) takes note of the efforts of the Mexican domestic
observer groups to encourage citizen participation throughout
the electoral process and to contribute to the success of
this process by serving as monitors during the August 21,
1994, presidential and congressional elections;
(5) welcomes the opportunity made available by the Mexican
Congress for international visitors to be present during and
to witness such elections; and
(6) expresses the hope that the efforts of the Government
of Mexico, the major political parties, and concerned members
of civic society to reform the electoral process will be
successful, and lead to elections that are accepted by all
parties as fair and valid.
The SPEAKER pro tempore, Mr. FRANK, recognized Mr. TORRICELLI and Mr.
GILMAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution, as amended?
The SPEAKER pro tempore, Mr. FRANK, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution, as amended, was
agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said concurrent resolution, as amended, was agreed to was, by unanimous
consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
Para. 92.18 100th anniversary of rome's american academy
Mr. TORRICELLI moved to suspend the rules and pass the joint
resolution of the Senate (S.J. Res. 204) recognizing the American
Academy in Rome, an American overseas center for independent study and
advanced research, on the occasion of the 100th anniversary of its
founding.
The SPEAKER pro tempore, Mr. FRANK, recognized Mr. TORRICELLI and Mr.
GILMAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said joint resolution?
The SPEAKER pro tempore, Mr. FRANK, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said joint resolution was passed.
A motion to reconsider the vote whereby the rules were suspended and
said joint reoslution was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
Para. 92.19 traumatic brain injury
Mr. WAXMAN moved to suspend the rules and pass the bill of the Senate
(S. 725) to amend the Public Health Service Act to provide for the
conduct of expanded studies and the establishment of innovative programs
with respect to traumatic brain injury, and for other purposes; as
amended.
The SPEAKER pro tempore, Mr. FRANK, recognized Mr. WAXMAN and Mr.
BLILEY, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mrs. COLLINS of Illinois, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
Para. 92.20 made in america toll free number
Mrs. COLLINS of Illinois, moved to suspend the rules and pass the bill
(H.R. 3342) to establish a toll free number in the Department of
Commerce to assist consumers in determining if products are American-
made; as amended.
The SPEAKER pro tempore, Ms. SCHENK, recognized Mrs. COLLINS of
Illinois and Mr. GREENWOOD, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Ms. SCHENK, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 92.21 energy policy and conservation
Mr. SHARP moved to suspend the rules and pass the bill (H.R. 4752) to
amend the Energy Policy and Conservation Act to manage the Strategic
Petroleum Reserve more effectively, and for other purposes; as amended.
The SPEAKER pro tempore, Ms. SCHENK, recognized Mr. SHARP and Mr.
BILIRAKIS, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. FRANK, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 92.22 low-income weatherization reauthorization
Mr. SHARP moved to suspend the rules and pass the bill (H.R. 4751) to
reauthorize appropriations for the weatherization program under section
422 of the Energy Conservation and Production Act; as amended.
The SPEAKER pro tempore, Mr. FRANK, recognized Mr. SHARP and Mr.
BILIRAKIS, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. FRANK, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 92.23 federal railroad safety authorization
Ms. SCHENK moved to suspend the rules and pass the bill (H.R. 4545) to
amend the Federal Railroad Safety Act of 1970, and for other purposes;
as amended.
The SPEAKER pro tempore, Mr. FRANK, recognized Ms. SCHENK and Mr.
OXLEY, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. FRANK, announced that two-thirds of the
Members present had voted in the affirmative.
Ms. SCHENK demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. FRANK, pursuant to clause 5, rule I,
[[Page 1525]]
announced that further proceedings on the motion were postponed.
Para. 92.24 defense articles and services finance
Mr. FRANK moved to suspend the rules and pass the bill (H.R. 4455) to
authorize the Export-Import Bank of the United States to provide
financing for the export of nonlethal defense articles and defense
services the primary end use of which will be for civilian purposes; as
amended.
The SPEAKER pro tempore, Mr. KOPETSKI, recognized Mr. FRANK and Mr.
BEREUTER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. KOPETSKI, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 92.25 chacoan outliers protection
Mr. VENTO moved to suspend the rules and pass the bill (H.R. 1562) to
amend title V of Public Law 96-550 designating the Chaco Culture
Archeological Protection Sites, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. KOPETSKI, recognized Mr. VENTO and Mr.
DOOLITTLE, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. KOPETSKI, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 92.26 santa fe national forest boundary
Mr. VENTO moved to suspend the rules and pass the bill (H.R. 3964) to
expand the boundary of the Santa Fe National Forest, and for other
purposes; as amended.
The SPEAKER pro tempore, Mr. KOPETSKI, recognized Mr. VENTO and Mr.
DOOLITTLE, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. KOPETSKI, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 92.27 piscataway national park expansion
Mr. VENTO moved to suspend the rules and pass the bill of the Senate
(S. 1703) to expand the boundaries of the Piscataway National Park, and
for other purposes; as amended.
The SPEAKER pro tempore, Mr. KOPETSKI, recognized Mr. VENTO and Mr.
DOOLITTLE, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. RICHARDSON, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
expand the boundaries of Pascataway Park, and for other purposes.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendments.
Para. 92.28 red rock canyon national conservation area
Mr. VENTO moved to suspend the rules and pass the bill (H.R. 3050) to
expand the boundaries of the Red Rock Canyon National Conservation Area;
as amended.
The SPEAKER pro tempore, Mr. RICHARDSON, recognized Mr. VENTO and Mrs.
VUCANOVICH, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. RICHARDSON, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 92.29 opal creek forest preserve
Mr. VENTO moved to suspend the rules and pass the bill (H.R. 3905) to
provide for the establishment and management of the Opal Creek Forest
Preserve in the State of Oregon; as amended.
The SPEAKER pro tempore, Mr. RICHARDSON, recognized Mr. VENTO and Mr.
DOOLITTLE, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. RICHARDSON, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 92.30 mount pleasant national scenic area
Mr. de la GARZA moved to suspend the rules and pass the bill (H.R.
2942) to designate certain lands in the Commonwealth of Virginia as a
National Scenic Area for protection of the watershed and scenic values,
recreation use, protection of wildlife and their habitat, and for other
purposes; as amended.
The SPEAKER pro tempore, Mr. RICHARDSON, recognized Mr. de la GARZA
and Mr. LEWIS of Florida, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. RICHARDSON, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
designate certain lands in the Commonwealth of Virginia as the George
Washington National Forest Mount Pleasant Scenic Area.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 92.31 american indian religious freedom act amendments
Mr. RICHARDSON moved to suspend the rules and pass the bill (H.R.
4230) to
[[Page 1526]]
amend the American Indian Religious Freedom Act to provide for the
traditional use of peyote by Indians for religious purposes, and for
other purposes; as amended.
The SPEAKER pro tempore, Mr. de la GARZA, recognized Mr. RICHARDSON
and Mr. DOOLITTLE, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. de la GARZA, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 92.32 mohegan nation of connecticut land claims settlement
Mr. RICHARDSON moved to suspend the rules and pass the bill (H.R.
4653) to settle Indian land claims within the State of Connecticut, and
for other purposes; as amended.
The SPEAKER pro tempore, Mr. de la GARZA, recognized Mr. RICHARDSON
and Mr. DOOLITTLE, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. de la GARZA, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 92.33 d.c. small claims court
On motion of Ms. NORTON, by unanimous consent, the bill (H.R. 1631) to
amend title 11, District of Columbia Code, to increase the maximum
amount in controversy permitted for cases under the jurisdiction of the
Small Claims and Conciliation Branch of the Superior Court of the
District of Columbia; together with the following amendment of the
Senate thereto, was taken from the Speaker's table:
Senate amendment: Page 1, line 5, strike out ``1993'' and
insert: ``1994''.
On motion of Ms. NORTON, by unanimous consent, said Senate amendment
was agreed to.
A motion to reconsider the vote whereby said Senate amendment was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 92.34 recess--4:46 p.m.
The SPEAKER pro tempore, Mr. de la GARZA, pursuant to clause 12 of
rule I, declared the House in recess at 4 o'clock and 46 minutes p.m.,
until 5 o'clock p.m.
Para. 92.35 after recess--5 p.m.
The SPEAKER pro tempore, Mr. MFUME, called the House to order.
Para. 92.36 district of columbia appropriations
Mr. DIXON, pursuant to the order of the House of August 5, 1994,
called up the following conference report (Rept. No. 103-671):
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the Senate to the bill (H.R.
4649) ``making appropriations for the government of the
District of Columbia and other activities chargeable in whole
or in part against the revenues of said District for the
fiscal year ending September 30, 1995, and for other
purposes,'' having met, after full and free conference, have
agreed to recommend and do recommend to their respective
Houses as follows:
That the Senate recede from its amendments numbered 2, 4,
5, 8, 9, 17, 19, and 22.
That the House recede from its disagreement to the
amendments of the Senate numbered 10, 13, 14, 24, 25, and 26;
and agree to the same.
Amendment numbered 1:
That the House recede from its disagreement to the
amendment of the Senate numbered 1, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert
$660,000,000; and the Senate agree to the same.
Amendment numbered 7:
That the House recede from its disagreement to the
amendment of the Senate numbered 7, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert
$13,632,000; and the Senate agree to the same.
Amendment numbered 16:
That the House recede from its disagreement to the
amendment of the Senate numbered 16, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert
$140,000,000; and the Senate agree to the same.
The committee of conference report in disagreement
amendments numbered 3, 6, 11, 12, 15, 18, 20, 21, and 23.
Julian C. Dixon,
Louis Stokes,
Richard J. Durbin,
Marcy Kaptur,
David E. Skaggs,
Nancy Pelosi,
David R. Obey,
James T. Walsh,
Ernest J. Istook, Jr.,
Henry Bonilla,
Joseph M. McDade,
Managers on the Part of the House.
Herb Kohl,
Patty Murray,
Dianne Feinstein,
Robert C. Byrd,
Conrad Burns,
Connie Mack,
Mark O. Hatfield,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
On motion of Mr. DIXON, the previous question was ordered on the
conference report to its adoption or rejection and, under the operation
thereof, the conference report was agreed to.
Para. 92.37 amendments in disagreement--h.r. 4649
The House then proceeded to the consideration of the following
amendments of the Senate reported in disagreement numbered 3, 6, 11, 12,
15, 18, 20, 21, and 23.
On motion of Mr. DIXON, the House receded from its disagreement to the
amendment of the Senate numbered 3 and concurred therein with the
following amendment:
In lieu of the matter proposed in said amendment, insert:
``, of which $1,500,000 shall be used to provide additional
support to title I (chapter I) of the Elementary and
Secondary Education Act (20 U.S.C. 2701 et seq.) and $910,000
shall be available for the National Learning Center, Options
School ($750,000) and Model Early Learning Center
($160,000),''.
On motion of Mr. DIXON, the House receded from its disagreement to the
amendment of the Senate numbered 6 and concurred therein with the
following amendment:
In lieu of the matter proposed by said amendment, insert:
``: Provided, That the District of Columbia shall provide to
the Committee on Appropriations of the House of
Representatives and the Senate quarterly reports by the 15th
day of the month following the end of the quarter showing how
monies provided under this fund are expended with a final
report providing a full accounting of the fund due October
15, 1995 or not later than 15 days after the last amount
remaining in the fund is disbursed.''
And on page 13, line 9 of the House engrossed bill, H.R.
4649, strike the period at the end of the line.
On motion of Mr. DIXON, the House receded from its disagreement to the
amendment of the Senate numbered 11 and concurred therein.
On motion of Mr. DIXON, the House receded from its disagreement to the
amendment of the Senate numbered 12 and concurred therein with the
following amendment:
In lieu of the matter stricken and inserted by said
amendment, insert: ``forecast which shall be supported and
accompanied by cash forecasts for the general fund and each
of the District government's other funds other than the
capital projects fund and trust and agency funds;''.
On motion of Mr. DIXON, the House receded from its disagreement to the
amendment of the Senate numbered 15 and concurred therein with the
following amendment:
In lieu of the matter stricken and inserted by said
amendment, insert: ``;
``(5) Explanations of the impact on meeting the budget, how
the results may be reflected in a supplemental budget
request, or how other policy decisions may be necessary which
may required the agencies to reduce expenditures in other
areas; and
``(6) An aging of the outstanding receivables and payables,
with an explanation of
[[Page 1527]]
how they are reflected in the forecast of cash receipts and
disbursements.
``(c) Reporting on Nonappropriated Funds.--Not later than
the date on which the Mayor issues the Comprehensive Annual
Financial Report of the District of Columbia for the fiscal
year ended September 30,1 994, the Mayor shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate, the Committee on the District of Columbia of
the House of Representatives, and the Committee on
Governmental Affairs of the Senate a report on all revenues
and expenditures of the general fund of the District that are
characterized as nonappropriated in the Comprehensive Annual
Financial Report. The report required by this subsection
shall include the following information for each category of
nonappropriated funds:
``(1) The source of revenues;
``(2) The object of the expenditures;
``(3) An aging of outstanding accounts receivable and
accounts payable;
``(4) The statutory or other legal authority under which
such category of funds may be expended without having been
appropriated as part of the District's annual budget and
appropriations process;
``(5) The date when such category of funds was first
expended on a nonappropriated basis;
``(6) The policy or rationale for why the revenues and
expenditures for such funds should not be part of the
District's annual budget and appropriations process; and
``(7) A reconciliation of the amounts reported under this
subsection with the amounts characterized as nonappropriated
in the Comprehensive Annual financial Report''.
On motion of Mr. DIXON, the House receded from its disagreement to the
amendment of the Senate numbered 18 and concurred therein with the
following amendment:
Delete the matter inserted by said amendment.
On page 34, line 7 of the House engrossed bill, H.R. 4649,
after the word ``Mayor'' insert ``of the District of
Columbia''.
On page 34, line 14 of the House engrossed bill, H.R. 4649,
strike ``Flow Statements'' and insert in lieu thereof
``Forecasts''.
On page 34, line 16 of the House engrossed bill, H.R. 4649,
strike all after ``include'' down through and including
``the'' on line 18 and insert in lieu thereof ``revisions to
the forecasts reported in accordance with subsection (b) of
section 137 of this Act that incorporate the''.
On page 34, line 4 of the House engrossed bill, H.R. 4649,
strike ``Congress'' and insert in lieu thereof ``Committees
on Appropriations of the House of Representatives and the
Senate, the Committee on the District of Columbia of the
House of Representatives, and the Committee on Governmental
Affairs of the Senate''.
On page 34, line 11 of the House engrossed bill, H.R. 4649,
strike ``Congress'' and insert in lieu thereof ``Committees
on Appropriations of the House of Representatives and the
Senate, the Committee on the District of Columbia of the
House of Representatives, and the Committee on Governmental
Affairs of the Senate''.
On motion of Mr. DIXON, the House receded from its disagreement to the
amendment of the Senate numbered 20 and concurred therein with the
following amendment:
Restore the matter stricken by said amendment.
On page 35 of the House engrossed bill, H.R. 4649, strike
all after line 3 through and including line 24.
On page 36 of the House engrossed bill, H.R. 4649, strike
lines 1 through 8 and insert in lieu thereof the following:
(b) Annual Limitation on Disbursements.--
(1) Aggregate limitation.--The total disbursements and net
payables of the government of the District of Columbia from
the funds covered by paragraph (2) during fiscal year 1995
shall not exceed the total receipts collected by the
government and available for such funds during fiscal year
1995.
(2) Individual fund limitations. The disbursements and net
payables of the government of the District of Columbia from
the general fund and from each of the government's other
funds not covered by paragraph (3) during fiscal year 1995
shall not exceed the receipts collected by the government and
available for the general fund and for each such fund during
fiscal year 1995.
(3) Capital projects, trust and agency funds limitations.--
The disbursements and net payables of the government of the
District of Columbia from each of the government's capital
projects, trust and agency funds during fiscal year 1995
shall not exceed the total of the cash available to each such
fund at the beginning of fiscal year 1995 plus the receipts
of each such fund during fiscal year 1995.
(c) Enforcement.--
(1) Placement in escrow of portion of annual federal
payment.--Upon receipt of the annual Federal payment for
fiscal year 1996 authorized by sections 502(a) or 503 of the
District of Columbia Self-Government and Governmental
Reorganization Act or made pursuant to any other provision of
law authorizing a Federal payment to the general fund of the
District of Columbia for fiscal year 1996, the Mayor of the
District of Columbia shall place in escrow--
(A) 10 percent of the Federal payment, for purposes of
enforcement of subsection (a); and
(B) an additional 10 percent of the Federal payment, for
purposes of enforcement of subsection (b)(1).
(2) Availability of escrowed amounts.--No portion of the
funds placed in escrow under paragraph (1) of this subsection
shall be available for use by the government of the District
of Columbia until the Mayor submits to the Committees on
Appropriations of the House of Representatives and the
Senate, the Committee on the District of Columbia of the
House of Representatives, and the Committee on Governmental
Affairs of the Senate two reports, each certified by an
independent public accountant, on (A) the spending reductions
required by subsection (a) of this section, and (B) the
disbursements, net payables, and receipts covered by
paragraph (1) of subsection (b) of this section. In no event
shall the reports required by this paragraph be submitted
later than the date on which the Mayor issues the
Comprehensive Annual Financial Report of the District of
Columbia for the fiscal year ended September 30, 1995.
(3) Amount of escrowed funds available.--Fifteen days after
submitting the reports required by paragraph (2), the funds
placed in escrow under paragraph (1) shall be available for
use by the government of the District of Columbia only if--
(A) the Mayor pays to the Treasury of the United States the
sum of--
(i) the amount (if any) by which the actual reduction
implemented under subsection (a) fails to achieve the
reduction made by paragraph (1) of such subsection; and
(ii) the amount (if any) by which the disbursements and net
payables described in subsection (b)(1) exceed the receipts
described in such subsection; and
(B) such payment is made by the Mayor within such fifteen-
day period from the escrowed funds or, if such escrowed funds
are insufficient, from other funds available to the
government of the District.
(d) Violation Reports.--Not later than the date on which
the Mayor issues the Comprehensive Annual Financial Report of
the District of Columbia for the fiscal year ended September
30, 1995, the Mayor, Deputy Mayor for Financial Management,
and Controller shall jointly submit to the Committees on
Appropriations of the House of Representatives and the
Senate, the Committee on the District of Columbia of the
House of Representatives, and the Committee on Governmental
Affairs of the Senate a separate report on each fund
described in paragraphs (2) and (3) of subsection (b) of this
section that violated the limitation applicable to the fund.
Each report shall contain, but not be limited to--
(1) the amount of the violation;
(2) an analysis of the difference between the budgeted and
actual disbursements, payables, and receipts for fiscal year
1995;
(3) an explanation of policies, events, or other factors
that caused or contributed to the violation;
(4) actions taken or to be taken against government
officials or employees for causing or contributing to the
violation; and
(5) actions taken or to be taken to prevent recurrence of
the violation in fiscal year 1996.
(e) Definitions.--For purposes of this section--
(1) the term ``net payables'' means the difference in the
amount of payables for a fund at the beginning of a fiscal
year and the amount of such payables for such fund at the end
of the fiscal year;
(2) the term ``payables'' means accounts payables and
compensation payables; and
(3) the terms `'disbursements'', ``accounts payables'',
``compensation payables'', ``receipts'', ``capital projects
fund'', ``trust funds'' and ``agency funds'' shall have the
same meaning as such terms had for purposes of the
Comprehensive Annual Financial Report of the District of
Columbia for the fiscal year ended September 30, 1993.
On motion of Mr. DIXON, the House receded from its disagreement to the
amendment of the Senate numbered 21 and concurred therein with the
following amendment:
Restore the matter stricken by said amendment and delete
the matter inserted by said amendment, and on page 36 of the
House engrossed bill, H.R. 4649, strike lines 9 through 11.
On motion of Mr. DIXON, the House receded from its disagreement to the
amendment of the Senate numbered 23 and concurred therein with the
following amendment:
In lieu of matter proposed in said amendment, insert:
limitations on full-time equivalent positions
Sec. 141. (a) Reduction.--The total number of full-time
equivalent positions financed from District of Columbia
appropriated funds shall not exceed 33,588.
(b) Monitoring and Notification.--The Mayor of the District
of Columbia shall--
(1) regularly monitor the total number of full-time
equivalent positions financed from District of Columbia
appropriated funds and make a determination on the first date
of each quarter of the fiscal year of whether the
requirements under subsection (a) are met; and
(2) notify the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on the District
of Columbia of the House of Representatives
[[Page 1528]]
and the Committee on Governmental Affairs of the Senate on
the first day of each quarter of the fiscal year of the
determinations made under paragraph (1).
Sec. 142. (a) In General.--The Secretary of the Army,
acting through the Chief of Engineers, shall conduct a study
of the Washington Aqueduct. The study shall be conducted in
consultation with the Environmental Protection Agency, the
Office of Management and Budget, and the non-Federal public
water supply customers of the Washington Aqueduct.
(b) Study Contents.--The study required by subsection (a)
shall include analyses of--
(1) the current condition of the Washington Aqueduct;
(2) the operation and maintenance activities and capital
improvements required at the Washington Aqueduct facility to
ensure the availability of an uninterruptible supply of
potable drinking water sufficient to meet the current and
future needs of the District of Columbia and its environs;
(3) alternative methods of financing such operation and
maintenance activities and capital improvements; and
(4) alternative arrangements for ownership of the
Washington Aqueduct facility, including the operation of
establishing a non-Federal regional water authority and
transferring ownership and operating responsibility from the
Department of the Army to such regional authority or to
another appropriate non-Federal entity.
(c) Report.--Not later than February 1, 1995, the Secretary
of the Army, acting through the Chief of Engineers, shall
submit to the Congress a report setting forth the findings of
the study required by subsection (a) and any recommendations
as a result of the findings. The report shall include a
recommendation on the advisability of establishing a non-
Federal regional water authority and transferring ownership
of and operating responsibility for the Washington Aqueduct
facility from the Department of the Army to such regional
authority.
(d) Definition.--For purposes of this section, the term
``non-Federal public water supply customers of the Washington
Aqueduct'' means the District of Columbia, Arlington County,
Virginia, and the City of Falls Church, Virginia.
annual board of education report and budget revision
Sec. 143. (a) Annual Report on Positions and Employees.--
Hereafter, the Board of Education of the District of Columbia
shall annually compile on accurate and verifiable report on
the positions and employees in the public school system of
the District. The first such annual report shall be verified
by independent auditors.
(b) Required Contents of Annual Report.--The annual report
required by subsection (a) shall set forth--
(1) the number of validated schedule A positions in the
public school system of the District of Columbia for the
following fiscal year on a full-time equivalent basis,
including a compilation of all positions by control center,
responsibility center, funding source, position type,
position title, pay plan, grade, and annual salary; and
(2) a compilation of all employees in the public school
system of the District of Columbia as of the preceding
December 31, verified as to its accuracy in accordance with
the functions that each employee is actually performing, by
control center, responsibility center, agency reporting code,
program (including funding source) activity, location for
accounting purposes, job title, grade and classification,
annual salary, and position control number.
(c) Submission of Annual Report.--
(1) First report.--The first annual report required by
subsection (a) shall include the information required by
subsection (b)(1) for each of the fiscal years 1993, 1994,
and 1995, and shall be submitted to the Congress, and to the
Mayor and Council of the District of Columbia, by not later
than October 1, 1994.
(2) Subsequent reports.--Except as provided in paragraph
(1), the annual report required by subsection (a) shall be
submitted to the Congress, and to the Mayor and Council of
the District of Columbia, by not later than April 15 of each
year.
(d) Annual Budget Revision.--
(1) In general.--Not later than October 1, 1994 and each
succeeding year or within 15 calendar days after the date of
the enactment of the District of Columbia Appropriations Act
for the fiscal year beginning on such October 1 (whichever
occurs first), the Board of Education of the District of
Columbia shall submit to the Congress, and to the Mayor and
Council of the District, a revised appropriated funds
operating budget for the public school system of the District
for such fiscal year that is in the total amount of the
approved appropriation and that realigns budgeted data for
personal services and other-than-personal services,
respectively, with anticipated actual expenditures.
(2) Required format.--The revised budget required by
paragraph (1) shall be submitted in the format of the budget
that the Board of Education of the District of Columbia
submits to the Mayor of the District for inclusion in the
Mayor's budget submission to the Council of the District
pursuant to section 442 of the District of Columbia Self-
Government and Governmental Reorganization Act (Public Law
93-198; D.C. Code, sec. 47-301).
A motion to reconsider the votes whereby the foregoing conference
report and motions were agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
Para. 92.38 h.r. 4545 --unfinished business
The SPEAKER pro tempore, Mr. MFUME, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and pass the bill (H.R. 4545) to amend the Federal Railroad Safety Act
of 1970, and for other purposes; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
395
<3-line {>
affirmative
Nays
0
Para. 92.39 [Roll No. 379]
YEAS--395
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonior
Borski
Boucher
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Darden
de la Garza
Deal
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meek
Menendez
Meyers
Mfume
Mica
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nussle
Oberstar
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Quillen
Quinn
Rahall
Ramstad
Reed
Regula
Richardson
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
[[Page 1529]]
Unsoeld
Upton
Valentine
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--39
Baker (LA)
Becerra
Blackwell
Bonilla
Brewster
Browder
Burton
Danner
DeFazio
Ewing
Gallo
Hefley
Hochbrueckner
Inglis
Inhofe
Lehman
Lightfoot
Machtley
McCurdy
McKinney
Meehan
Michel
Nadler
Neal (MA)
Neal (NC)
Obey
Owens
Pickle
Pryce (OH)
Rangel
Ravenel
Reynolds
Ridge
Rose
Rush
Santorum
Schaefer
Velazquez
Washington
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
amend the rail safety provisions of title 49, United States Code, and
for other purposes.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
And then,
Para. 92.40 adjournment
On motion of Ms. PELOSI, at 8 o'clock and 29 minutes p.m., the House
adjourned.
Para. 92.41 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. MINETA: Committee on Public Works and Transportation.
H.R. 3800. A bill to amend the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, and for
other purposes; with an amendment (Rept. No. 103-582 Pt. 2).
Ordered to be printed.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 1562. A bill to amend title V of Public Law 96-550,
designating the Chaco Culture Archaeological Protection
Sites, and for other purposes; with an amendment (Rept. No.
103-678). Referred to the Committee of the Whole House on the
State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 3050. A bill to expand the boundaries of the Red Rock
Canyon National Conservation Area; with an amendment (Rept.
No. 103-679). Referred to the Committee of the Whole House on
the State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 3964. A bill to expand the boundary of the Santa Fe
National Forest, and for other purposes; with an amendment
(Rept. No. 103-680). Referred to the Committee of the Whole
House on the State of the Union.
Mr. GONZALEZ: Committee on Banking, Finance and Urban
Affairs. H.R. 4455. A bill to authorize the Export-Import
Bank of the United States to provide financing for the export
of nonlethal defense articles and defense services the
primary end use of which will be for civilian purposes; with
an amendment (Rept. No. 103-681). Referred to the Committee
of the Whole House on the State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
S. 1703. An Act to expand the boundaries of the Piscataway
National Park, and for other purposes; with amendments (Rept.
No. 103-682). Referred to the Committee of the Whole House on
the State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 3905. A bill to provide for the establishment and
management of the Opal Creek Forest Preserve in the State of
Oregon; with an amendment (Rept. No. 103-683, Pt. 1). Ordered
to be printed.
Mr. de la GARZA: Committee on Agriculture. H.R. 3905. A
bill to provide for the establishment and management of the
Opal Creek Forest Preserve in the State of Oregon; with an
amendment (Rept. No. 103-683 Pt. 2). Referred to the
Committee of the Whole House on the State of the Union.
Mr. DINGELL: Committee on Energy and Commerce. H.R. 4866. A
bill to encourage solar, wind, waste, and geothermal power
production by permanently removing the size limitations
contained in the Public Utility Policies Act of 1978; with an
amendment (Rept. No. 103-684). Referred to the Committee of
the Whole House on the State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 4757. A bill to provide for the settlement of the claims
of the Confederated Tribes of the Colville Reservation
concerning their contribution to the production of hydropower
by the Grand Coulee Dam, and for other purposes (Rept. No.
103-685). Referred to the Committee of the Whole House on the
State of the Union.
Mr. de la GARZA: Committee on Agriculture. H.R. 2942. A
bill to designate certain lands in the Commonwealth of
Virginia as a National Scenic Area for protection of the
watershed and scenic values, recreation use, protection of
wildlife and their habitat, and for other purposes; with an
amendment (Rept. No. 103-686). Referred to the Committee of
the Whole House on the State of the Union.
Para. 92.42 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. SWIFT (for himself, Mr. Dingell, Mr. Mineta, Mr.
Gibbons, Mr. Applegate, and Mr. Boehlert):
H.R. 4916. A bill to amend the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, and for
other purposes; jointly, to the Committees on Energy and
Commerce, Public Works and Transportation, and Ways and
Means.
By Ms. CANTWELL (for herself, Mr. Condit, Ms. Eshoo,
Ms. Shepherd, Mr. Fingerhut, and Ms. Woolsey):
H.R. 4917. A bill to amend section 552 of title 5, United
States Code--commonly known as the Freedom of Information
Act--to provide for public access to information in an
electronic format, and for other purposes; to the Committee
on Government Operations.
By Mr. DEAL (for himself, Mr. Fingerhut, Mr. Minge, and
Mr. Meehan):
H.R. 4918: A bill to reduce the discretionary spending
limits to reflect spending cuts approved by the House of
Representatives; to the Committee on Government Operations.
By Mr. COX (for himself and Mr. Frank of
Massachusetts):
H.R. 4919. A bill to amend the Helium Act to require the
Secretary of the Interior to sell Federal real and personal
property held in connection with activities carried out under
the Helium Act, and for other purposes; to the Committee on
Natural Resources.
By Ms. LOWEY (for herself and Mr. Wyden):
H.R. 4920. A bill to require the Secretary of Health and
Human Services to develop recommendations for proposed model
adoption legislation and procedures; to the Committee on
Education and Labor.
H.R. 4921. A bill to amend the Internal Revenue Code of
1986 to allow a deduction for certain adoption expenses; to
the Committee on Ways and Means.
By Mr. BISHOP:
H.J. Res. 399. Joint resolution designating August 29,
1994, as ``National Sarcoidosis Awareness Day''; to the
Committee on Post Office and Civil Service.
By Mr. SANTORUM:
H. Res. 511. Resolution amending the Rules of the House of
Representatives to require a rollcall vote on passage of any
measure making appropriations, providing revenue, or
increasing the statutory limit on the public debt, and in
certain other instances; to the Committee on Rules.
Para. 92.43 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 417: Mr. Rogers, Mr. LaRocco, Mr. Johnson of Georgia,
Mr. Hutchinson, and Mr. Frost.
H.R. 429: Mr. Lucas.
H.R. 662: Mr. Saxton.
H.R. 830: Mr. Ehlers.
H.R. 1080: Mr. Parker.
H.R. 1110: Mr. Rohrabacher.
H.R. 1156: Mr. Lewis of California.
H.R. 1277: Mr. Lewis of California.
H.R. 1534: Mr. Sawyer.
H.R. 1622: Mr. Saxton.
H.R. 2292: Mr. Everett.
H.R. 2513: Mr. Doolittle.
H.R. 2864: Mrs. Meyers of Kansas.
H.R. 3293: Mr. Baker of California.
H.R. 3442: Mr. Doolittle.
H.R. 3475: Mr. Huffington.
H.R. 3500: Mr. Shays and Ms. Molinari.
H.R. 3762: Mr. Weldon.
H.R. 3939: Mr. Andrews of New Jersey.
H.R. 3978: Mr. Dooley.
H.R. 4026: Mr. Beilenson.
H.R. 4115: Mr. Hastings.
H.R. 4124: Mr. Parker and Mr. Rahall.
H.R. 4129: Mr. Lewis of Georgia, Mr. Washington, Mr. Wynn,
Ms. Snowe, Mr. Flake, Mr. Dixon, Mr. Romero-Barcelo, and Mr.
Evans.
H.R. 4132: Mr. Faleomavaega.
H.R. 4331: Mr. Klug, and Mr. Barrett of Wisconsin.
H.R. 4497: Mr. Farr, Ms. Furse, Mr. Fish, Mr. Solomon, Mr.
Lewis of Florida, Mr. Bilirakis, Mr. Mfume, Mr. Wilson, Mr.
Swift, Mr. Dixon, Mr. Coppersmith, Mr. Filner, Mr. Lewis of
Kentucky, Mr. Bateman, Mr. Blute, Mr. Ridge, Mr. Hutchinson,
Mr. Scott, Mr. Kolbe, Mr. Walker, Mr. Machtley, Mr. McMillan,
Mr. Wolf, Mr. Goodling, Mr. Stokes, Mr. Sam Johnson, Mr.
Hyde, Mr. Moorhead, Mr. Levy, and Mr. Darden.
H.R. 4512: Mr. Washington.
H.R. 4526: Mr. Frost, Mr. Hastings, and Mr. Underwood.
H.R. 4557: Mr. Huffington and Mrs. Meyers of Kansas.
H.R. 4737: Ms. Furse.
H.R. 4788: Mr. Machtley.
H.R. 4793: Mr. Parker.
H.R. 4805: Mr. Burton of Indiana and Mr. Brewster.
H.R. 4814: Mr. Evans.
[[Page 1530]]
H.R. 4831: Mr. Horn.
H.R. 4883: Mrs. Johnson of Connecticut.
H.R. 4891: Mr. Crane, Mr. Barca of Wisconsin, Mr. Oberstar,
and Mr. Andrews of Texas.
H.J. Res. 349: Mr. Hochbrueckner, Mr. Hall of Ohio, Mr.
Skeen, Mr. Johnson of South Dakota, Ms. Snowe, Mr. Tejeda,
and Mr. Ackerman.
H.J. Res. 369: Mr. Ackerman, Mr. Baesler, Mr. Ballenger,
Mr. Barrett of Nebraska, Mr. Bateman, Mr. Callahan, Mr.
Darden, Mr. de Lugo, Mr. Foglietta, Mr. Gekas, Mr. Gejdenson,
Mr. Hastings, Mr. Hall of Ohio, Mr. DeFazio, Mr. Holden, Mr.
McCloskey, Mr. Pallone, Mr. Quillen, Mr. Pastor, Mr.
Richardson, Mr. Shuster, Mr. Oberstar, Mr. Lewis of
California, Mr. Porter, Mr. Bilbray, Mr. Royce, Mr. Myers of
Indiana, Mr. Hoke, Ms. Pryce of Ohio, Mr. Regula, Mr. Wyden,
Mr. Reed, Mr. Thomas of California, Mr. Armey, Ms. Lowey, Mr.
Waxman, Mr. DeLay, Mr. Vento, Mr. Stearns, Mr. Gingrich, Mr.
Menendez, Mr. Murphy, Mr. Murtha, Mr. Ridge, Mr. Schumer, Mr.
Solomon, Mr. Fields of Texas, Mr. Dellums, Mr. Weldon, Mr.
Montgomery, Mr. Leach, Mr. Lewis of Georgia, Mr. Wynn, Mr.
Taylor of Mississippi, Mr. Andrews of New Jersey, Mr. Bevill,
Mr. Cooper, Mr. Bartlett of Maryland, Mr. Barlow, Mr. Blute,
Mr. Farr, and Mr. Pete Geren of Texas.
H.J. Res. 378: Ms. DeLauro.
H. Con. Res. 138: Mr. Scott, Mr. Meehan, Mr. Lewis of
Georgia, Mr. Bevill, and Mr. Cramer.
H. Con. Res. 150: Mr. Vento.
H. Con. Res. 225: Mr. Clay.
H. Con. Res. 235: Mr. Ackerman.
H. Con. Res. 262: Mr. McCrery, Mr. Callahan, Mrs. Thurman,
Mr. Upton, Mr. McCloskey, and Mr. Bevill.
H. Res. 270: Ms. Molinari and Mr. Gillmor.
.
TUESDAY, AUGUST 9, 1994 (93)
Para. 93.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. BARLOW,
at 10:30 a.m., who laid before the House the following communication:
Washington, DC,
August 9, 1994.
I hereby designate the Honorable Thomas J. Barlow III to
act as Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Whereupon, pursuant to the order of the House of Friday, February 11,
1994, and Friday, June 10, 1994, Members were recognized for ``morning
hour'' debates.
Para. 93.2 recess--11:28 a.m.
The SPEAKER pro tempore, Mr. BARLOW, pursuant to clause 12 of rule I,
declared the House in recess at 11 o'clock and 28 minutes until 12
o'clock noon.
Para. 93.3 after recess--12:00 noon
The SPEAKER called the House to order.
Para. 93.4 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Monday, August 8, 1994.
Mr. DERRICK, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Mr. DERRICK objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
251
When there appeared
<3-line {>
Nays
153
Para. 93.5 [Roll No. 380]
YEAS--251
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Beilenson
Berman
Bevill
Bilbray
Bishop
Blute
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clayton
Clement
Clinger
Coleman
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Crapo
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Greenwood
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Holden
Houghton
Hoyer
Hughes
Hutto
Inslee
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kildee
Kingston
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCollum
McCrery
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spence
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Vento
Visclosky
Volkmer
Watt
Waxman
Wheat
Whitten
Wilson
Woolsey
Wyden
Wynn
Yates
NAYS--153
Allard
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bentley
Bereuter
Bilirakis
Bliley
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clay
Coble
Collins (GA)
Cox
Crane
Cunningham
DeLay
Dickey
Doolittle
Dreier
Duncan
Ehlers
Emerson
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallo
Gekas
Gilchrest
Gingrich
Goodlatte
Goodling
Goss
Grandy
Gunderson
Hancock
Hansen
Hastert
Herger
Hobson
Hoekstra
Hoke
Horn
Hutchinson
Hyde
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kennelly
Kim
King
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manzullo
McCandless
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Miller (CA)
Miller (FL)
Molinari
Moorhead
Morella
Murphy
Nussle
Packard
Paxon
Petri
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Stearns
Stump
Sundquist
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Velazquez
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--30
Becerra
Blackwell
Brown (CA)
Clyburn
Diaz-Balart
Dornan
Dunn
Engel
Fish
Gallegly
Grams
Hastings
Hefley
Hochbrueckner
Huffington
Hunter
Inglis
Inhofe
Jefferson
Mfume
Michel
Moran
Owens
Ravenel
Shuster
Thornton
Washington
Waters
Williams
Wise
So the Journal was approved.
Para. 93.6 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3659. A letter from the Administrator, Agency for
International Development, transmitting a report of a
violation of the Anti-Deficiency Act which occurred in the
Agency for International Development, pursuant to 31 U.S.C.
1517(b); to the Committee on Appropriations.
3660. A letter from the Comptroller of the Department of
Defense, transmitting a report of a violation of the Anti-
Deficiency Act, in the U.S. Property and Fiscal Office
[USP&FO], State Military Reservation, Havre de Grace, MD,
pursuant to 31 U.S.C. 1351; to the Committee on
Appropriations.
3661. A letter from the Assistant Secretary (Atomic
Energy), Department of Defense, transmitting notification
that the report on the management of the chemical and
biological defense program will be submitted by
[[Page 1531]]
September 1, 1994, pursuant to 50 U.S.C. 1522; to the
Committee on Armed Services.
3662. A letter from the Principal Deputy Under Secretary of
Defense, transmitting selected acquisition reports [SARS] for
the quarter ending June 30, 1994, pursuant to 10 U.S.C. 2432;
to the Committee on Armed Services.
3663. A letter from the Acting Director, Office of
Management and Budget, transmitting OMB estimate of the
amount of change in outlays or receipts, as the case may be,
in each fiscal year through fiscal year 1999 resulting from
passage of H.R. 1873 and H.R. 572, pursuant to Public Law
101-508, section 13101(a) (104 Stat. 1388-582); to the
Committee on Government Operations.
3664. A letter from the Secretary of the Interior,
transmitting a draft of proposed legislation to approve the
location of a World War II memorial; to the Committee on
Natural Resources.
Para. 93.7 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed with amendments in which the concurrence of
the House is requested, a bill of the House of the following title:
H.R. 6. An Act to extend for five years the authorizations
of appropriations for the programs under the Elementary and
Secondary Education Act of 1965, and for certain other
purposes.
The message also announced that the Senate insisted, upon its
amendment to the bill (H.R. 6) ``An Act to extend for five years the
authorizations of appropriations for the programs under the Elementary
and Secondary Education Act of 1965, and for certain other purposes,''
requested a conference with the House on the disagreeing votes of the
two Houses thereon, and appointed Mr. Kennedy, Mr. Pell, Mr. Metzenbaum,
Mr. Dodd, Mr. Simon, Mr. Harkin, Ms. Mikulski, Mr. Bingaman, Mr.
Wellstone, Mr. Wofford, Mrs. Kassebaum, Mr. Jeffords, Mr. Coats, Mr.
Gregg, Mr. Thurmond, Mr. Hatch, and Mr. Durenberger, to be the conferees
on the part of the Senate.
The message also announced that the Senate agreed to the report of the
committee of conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 2739) ``An Act to amend
the Airport and Airway Improvement Act of 1982 to authorize
appropriations for fiscal year 1994, 1995, and 1996, and for other
purposes.''.
Para. 93.8 providing for the consideration of h.j. res. 373 and h.r.
4590
Mr. BONIOR, by direction of the Committee on Rules, called up the
following resolution (H. Res. 509):
Resolved, That upon the adoption of this resolution it
shall be in order to consider in the House the joint
resolution (H.J. Res. 373) disapproving the extension of
nondiscriminatory treatment (most-favored-nation treatment)
to the products of the People's Republic of China, and for
other purposes. All points of order against the joint
resolution and against its consideration are waived. The
joint resolution shall be debatable for eighty minutes
equally divided and controlled by Representative Solomon of
New York and Representative Gibbons of Florida or their
designees. Pursuant to sections 152 and 153 of the Trade Act
of 1974, the previous question shall be considered as ordered
on the joint resolution to final passage without intervening
motion. The provisions of sections 152 and 153 of the Trade
Act of 1974 shall not apply to any other joint resolution
disapproving the extension of most-favored-nation treatment
to the People's Republic of China for the remainder of the
One Hundred Third Congress.
Sec. 2. After disposition of the joint resolution (H.J.
Res. 373), the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 4590) to provide conditions for renewing
nondiscriminatory (most-favored-nation) treatment for the
People's Republic of China. The first reading of the bill
shall be dispensed with. All points of order against the bill
and against its consideration are waived. General debate
shall be confined to the bill and the amendments made in
order by this resolution and shall not exceed one hour
equally divided and controlled by the chairman and ranking
minority member of the Committee on Ways and Means. After
general debate the bill shall be considered for amendment
under the five-minute rule and shall be considered as read.
No amendment shall be in order except those printed in the
report of the Committee on Rules accompanying this
resolution. Each amendment may be offered only by a Member
designated in the report, shall be considered as read, shall
be debatable for the time specified in the report equally
divided and controlled by the proponent and an opponent, and
shall not be subject to amendment. All points of order
against the amendments printed in the report are waived. If
more than one of the amendments printed in the report is
adopted, only the last to be adopted shall be considered as
finally adopted and reported to the House. At the conclusion
of consideration of the bill for amendment the Committee
shall rise and report the bill to the House with such
amendment as may have been finally adopted. The previous
question shall be considered as ordered on the bill and any
amendment thereto to final passage without intervening motion
except one motion to recommit with or without instructions.
When said resolution was considered.
After debate,
On motion of Mr. BONIOR, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 93.9 mfn for china
Mr. GIBBONS, pursuant to House Resolution 509, called up the joint
resolution (H.J. Res. 373) disapproving the extension of
nondiscriminatory treatment (most-favored-nation treatment) to the
products of the People's Republic of China.
When said joint resolution was considered and read twice.
After debate,
Pursuant to House Resolution 509 and sections 152 and 153 of the Trade
Act of 1974, the previous question was ordered.
The joint resolution was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said joint resolution?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that the
yeas had it.
Mr. SOLOMON objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
75
When there appeared
<3-line {>
Nays
356
Para. 93.10 [Roll No. 381]
YEAS--75
Abercrombie
Andrews (ME)
Applegate
Baker (CA)
Barton
Beilenson
Bentley
Bonior
Brown (OH)
Bunning
Burton
Collins (GA)
Collins (IL)
Collins (MI)
Cox
Dellums
Diaz-Balart
Dickey
Duncan
Durbin
Evans
Everett
Fields (LA)
Fish
Frank (MA)
Gilman
Gutierrez
Hall (OH)
Hamburg
Hefley
Hefner
Hilliard
Horn
Hunter
Inglis
Kaptur
Kasich
Klink
Lancaster
Lantos
Lewis (FL)
Lewis (GA)
Lewis (KY)
Markey
McKinney
Miller (CA)
Molinari
Nadler
Pallone
Pelosi
Quillen
Ridge
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Sanders
Schiff
Schroeder
Sensenbrenner
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spratt
Stark
Tauzin
Taylor (MS)
Traficant
Upton
Walker
Waters
Watt
Weldon
Wolf
NAYS--356
Ackerman
Allard
Andrews (NJ)
Andrews (TX)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Bateman
Becerra
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Bryant
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Coble
Coleman
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Dunn
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Ewing
Farr
Fawell
Fazio
Fields (TX)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Herger
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Houghton
Hoyer
Huffington
Hughes
Hutchinson
Hutto
[[Page 1532]]
Hyde
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (FL)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quinn
Rahall
Ramstad
Rangel
Reed
Regula
Reynolds
Richardson
Roberts
Roemer
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (OR)
Spence
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--3
Clyburn
Ravenel
Washington
So the joint resolution was not passed.
Para. 93.11 mfn for china
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, pursuant to House
Resolution 509 and rule XXIII, declared the House resolved into the
Committee of the Whole House on the state of the Union for the
consideration of the bill (H.R. 4590) to provide conditions for renewing
nondiscriminatory (most-favored-nation) treatment for the people's
Republic of China.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, by unanimous
consent, designated Mr. SHARP as Chairman of the Committee of the Whole;
and after some time spent therein,
Para. 93.12 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment in the nature of a substitute
submitted by Mr. HAMILTON:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States China Policy
Act of 1994''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The economic, social, political, and cultural welfare
of the people of China, who constitute one-fifth of the
world's population, is a matter of global humanitarian
concern.
(2) By virtue of its size, its economic vitality, its
status as a nuclear power, and its role as a permanent member
of the United Nations Security Council, China plays a
significant role in world affairs.
(3) The United States policy toward China involves
balancing multiple interests, including promoting human
rights and democracy, securing China's strategic cooperation
in Asia and the United Nations, protecting United States
national security interests, controlling the proliferation of
weapons of mass destruction, promoting a peaceful and
democratic transition in Hong Kong, and expanding United
States economic contact with China.
(4) United States policy toward China must include as a key
objective the promotion of internationally recognized human
rights. Specific priorities and methods should be appropriate
to the circumstances. Engagement with China rather than its
isolation is more likely to foster United States interests.
(5) The opening of China to the West, the adoption of free
market economic reforms, the emergence of a strong and
entrepreneurial economy that ensures the rise of a Chinese
middle class; all have led to expanded individual freedom, a
weakening of state control over personal expression, access
to the media in the United States, Hong Kong, and the West,
and major improvements in living standards for the Chinese
people.
(6) United States policies that encourage economic
liberalization and increased contact with the United States
and other democracies foster respect for internationally
recognized human rights and can contribute to civil and
political reform in China.
(7) The President's policy statement of May 26, 1994,
provides a sound framework for expanding and extending the
relationship of the United States with China while continuing
the commitment of the United States to its historic values.
The United States must develop a comprehensive and coherent
policy toward China that addresses the complex and fast-
changing reality in that country and promotes simultaneously
the human rights, diplomatic, economic, and security
interests of the United States toward China.
(8) The United States has an interest in a strong, stable,
prosperous, and open China whose government contributes to
international peace and security and whose actions are
consistent with the responsibilities of great power status.
Whether those expectations are met will determine the
breadth, depth, and tone of the United States-China bilateral
relationship.
(9) Peace and economic progress in East Asia is best
assured through a web of cooperative relations among the
countries of the region, including China and the United
States. The emergence of a militarily powerful China that
seeks to dominate East Asia would be regarded as a matter of
serious concern by the United States and by other countries
in the Asia-Pacific region.
(10) Yet China's performance has been uneven on a number of
issues of concern to the United States. In particular, the
Chinese Government has failed to observe internationally
recognized human rights. In this regard the Congress makes
the following declarations:
(A) The Chinese Government itself has made commitments to
observe universal human rights norms.
(B) Human rights have universal application and are not
solely defined by culture or history.
(C) Chinese policies of particular concern to the United
States are the criminalization of dissent, the inhumane
treatment in prisons, and the serious repression in non-Han-
Chinese areas like Tibet.
(11) Genuine political stability in China and greater
respect for internationally recognized human rights, as well
as continued economic growth and stability, will only occur
in China as a result of a strengthened legal system (based on
the rule of law and property rights), the emergence of a
civil society, and the creation of political institutions
that are responsive to public opinion and the interests of
social groups.
(12) China has entered a major transition in its political
history which will determine the nature of the domestic
system, including respect for internationally recognized
human rights, and the Chinese Government's foreign policy.
The Chinese Government should accelerate the process of
reform of all aspects of Chinese society.
(13) Existing official bilateral and multilateral
institutions provide useful venues for engagement with China
concerning the rule of law, civil society, respect for
internationally recognized human rights, and political
institutions that provide humane and effective governance.
(14) American nongovernmental and business organizations,
in their various forms of engagement in China, have
contributed in that country to the initial emergence of civil
society, the strengthening of the legal system, and the
expansion of economic autonomy.
SEC. 3. RECOMMENDATIONS FOR IMPLEMENTATION OF UNITED STATES
POLICY.
Congress affirms the President's policy and makes the
following recommendations for the conduct of United States
policy toward China:
(1) The United States should continue a steady and
comprehensive policy of pressing for increased Chinese
adherence to international norms, especially those concerning
internationally recognized human rights.
(2) Of particular concern to the United States are the
following:
(A) The accounting and release of political prisoners.
(B) Access to Chinese prisoners by international
humanitarian organizations.
(C) Negotiations between the Chinese Government and the
Dalai Lama on Tibetan issues.
(3) The official dialogue with the Chinese Government on
human rights issues should continue and be intensified.
(4) As he considers appropriate, the President should use
other available modes of official interaction with China to
pursue initiatives that are relevant to promoting increased
respect for human rights in China.
(5) The United States should expand broadcasting to China,
through the Voice of America and Radio Free Asia.
(6) The United States should work through available
multilateral fora, such as the United Nations Human Rights
Commission, to express concerns about human rights in China
and to encourage Chinese adherence to, and compliance with,
international human rights instruments. At all appro-
[[Page 1533]]
priate times, the United States should work toward and
support joint actions to address significant problems. In
particular, the United States should seek to secure the
participation of other governments in overtures to secure the
accounting and release of political prisoners, to encourage
access to Chinese prisoners by international humanitarian
organizations and negotiations between the Chinese Government
and the Dalai Lama.
(7) Where possible, the United States should take further
steps to foster in China the rule of law, the creation of a
civic society, and the emergence of institutions that provide
humane and effective governance.
(8) To better carry out the recommendation in paragraph
(7), the Secretary of State should encourage United States
posts in China to increase reporting on the human rights
situation, the rule of law, civil society, and other
political developments in China, and to increase appropriate
contacts with domestic nongovernmental organizations.
(9) United States non-governmental organizations should
continue and expand activities that encourage the rule of
law, the emergence of a civic society, and the creation of
institutions that provide humane and effective governance.
(10) When considering the termination of the suspensions of
United States Government activities enacted in section 902(a)
of the Foreign Relations Authorization Act, Fiscal Years 1990
and 1991, the President should explore whether such
terminations could be used to elicit specific steps by the
Chinese government to enhance respect for internationally
recognized human rights or correct abuses of such rights.
SEC. 4. UNITED STATES GOVERNMENT PROGRAMS SUPPORTING HUMAN
RIGHTS IN CHINA.
(a) Statement of Policy.--Concerning the promotion of human
rights in China, it shall be the policy of the United States
to promote the following objectives:
(1) An effective legal system, based on the rule of law.
(2) Respect for internationally recognized human rights.
(3) The emergence of civil society.
(4) The creation of institutions that provide humane and
effective governance.
(b) Factors.--In determining how to carry out the
objectives stated in subsection (a), the President should
consider the following factors:
(1) The circumstances under which it is appropriate to
provide support to organizations and individuals in China.
(2) The circumstances under which it is appropriate to
provide financial support, including through the following
means:
(A) Directly by the United States Government.
(B) Through United States nongovernmental organizations
which have established a sound record in China.
(3) The extent to which the objectives of subsection (a)
should be promoted through exchanges, technical assistance,
grants to organizations, and scholarships for advanced study
in the United States.
(4) How to assure accountability for funds provided by the
United States Government.
(c) Authorization of Appropriations for Fiscal Year 1995.--
(1) Of the amounts authorized to be appropriated for
education and cultural exchange programs of the United States
Information Agency for fiscal year 1995, up to $1,000,000 is
authorized to be available for programs to carry out the
objectives of subsection (a).
(2) In addition to such amounts as may otherwise be made
available for broadcasting to China for fiscal year 1995, of
the amounts authorized to be appropriated for international
broadcasting for fiscal year 1995, an additional $5,000,000
may be used for broadcasting to China .
SEC. 5. INTERNATIONAL HUMANITARIAN ORGANIZATIONS.
It is the sense of Congress that, in the event that
international humanitarian organizations undertake activities
in China related to the treatment of prisoners, the President
should make available an additional contribution to those
organizations to support such activities.
SEC. 6. PRINCIPLES TO GOVERN THE ACTIVITIES OF UNITED STATES
BUSINESS IN CHINA.
(a) In General.--Congress endorses President Clinton's
efforts to work with the leaders of the United States
business community to develop voluntary principles that could
be adapted by United States companies doing business in China
to further advance human rights and commends United States
companies that have previously adopted such principles or are
considering taking such action.
(b) Other Countries.--Congress urges the President to
encourage other governments to adopt similar principles to
govern the activities of their business organizations with
activities in China.
SEC. 7. PERIODIC REPORTS.
Not more than 180 days after the date of the enactment of
this Act and annually for the 2 subsequent years, the
President shall submit to the Speaker of the House of
Representatives and the Chairman of the Committee on Foreign
Relations of the Senate, a report (in a classified form in
whole or in part as necessary) which reviews for the
preceding 12-month period those activities supported by the
United States Government to promote the objectives stated in
section 4(a).
SEC. 8. COMMISSION ON LAW AND SOCIETY IN CHINA.
The President is authorized to establish a United States
commission on law and society in the People's Republic of
China to undertake the following responsibilities and such
other duties as the President considers appropriate:
(1) To monitor developments in China with respect to the
following:
(A) The development of the Chinese legal system.
(B) The emergence of civil society.
(C) The development of institutions that provide humane and
effective governance.
(2) To engage in an ad hoc dialogue with Chinese
individuals and nongovernmental organizations who have an
interest in the subjects indicated in paragraph (1).
(3) To report to the President and to the Congress the
commission's findings regarding the subjects identified in
paragraph (1) and its discussions with Chinese individuals
and organizations concerning those subjects.
(4) To make recommendations to the President on United
States policy toward China in promoting the objectives
identified in section 4(a).
(5) To assess and report to the President and the Congress
on whether the creation of a United States-China Commission
on Law and Society would contribute to the objectives
identified in section 4(a).
Amend the title to read as follows: ``Concerning United
States efforts to promote respect for internationally
recognized human rights in China.''.
It was decided in the
Yeas
280
<3-line {>
affirmative
Nays
152
Para. 93.13 [Roll No. 382]
AYES--280
Ackerman
Allard
Andrews (NJ)
Andrews (TX)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Bartlett
Bateman
Becerra
Bereuter
Bevill
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehner
Bonilla
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Bryant
Buyer
Callahan
Calvert
Camp
Canady
Cantwell
Carr
Castle
Chapman
Clement
Clinger
Coble
Coleman
Combest
Condit
Cooper
Coppersmith
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeLauro
DeLay
Derrick
Deutsch
Dicks
Dingell
Dooley
Doolittle
Dornan
Dreier
Dunn
Edwards (TX)
Ehlers
Emerson
English
Ewing
Faleomavaega (AS)
Fawell
Fazio
Fields (TX)
Filner
Fingerhut
Flake
Foglietta
Foley
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gingrich
Glickman
Goodlatte
Gordon
Goss
Grams
Grandy
Greenwood
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hoagland
Hoekstra
Hoke
Houghton
Huffington
Hughes
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kennelly
Kim
King
Kingston
Kleczka
Klein
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lightfoot
Linder
Livingston
Lloyd
Long
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Martinez
Matsui
McCandless
McCollum
McCrery
McCurdy
McDade
McHugh
McInnis
McKeon
McMillan
McNulty
Meek
Menendez
Meyers
Mica
Michel
Miller (FL)
Mineta
Minge
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Neal (MA)
Neal (NC)
Nussle
Oberstar
Ortiz
Orton
Oxley
Packard
Parker
Pastor
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Portman
Price (NC)
Pryce (OH)
Quillen
Quinn
Ramstad
Rangel
Reed
Regula
Reynolds
Roberts
Roemer
Rostenkowski
Roth
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schumer
Serrano
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (OR)
Spence
Stenholm
Stump
Sundquist
Swift
Synar
Talent
Tanner
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Tucker
Valentine
Visclosky
Volkmer
Vucanovich
Walsh
Wheat
Whitten
Williams
Wilson
Wise
Wyden
Young (AK)
Zeliff
Zimmer
NOES--152
Abercrombie
Andrews (ME)
Applegate
Baker (CA)
Barrett (WI)
Barton
Beilenson
Berman
Bilbray
Boehlert
Bonior
Borski
Brown (OH)
Bunning
Burton
Byrne
Cardin
Clay
Clayton
Collins (GA)
Collins (IL)
Collins (MI)
Conyers
Costello
Cox
Coyne
DeFazio
[[Page 1534]]
Dellums
Diaz-Balart
Dickey
Dixon
Duncan
Durbin
Edwards (CA)
Engel
Eshoo
Evans
Everett
Farr
Fields (LA)
Fish
Ford (MI)
Ford (TN)
Frank (MA)
Gejdenson
Gephardt
Gilman
Gonzalez
Goodling
Green
Gunderson
Gutierrez
Hall (OH)
Hamburg
Hayes
Hefley
Hefner
Hilliard
Hinchey
Hobson
Hochbrueckner
Holden
Horn
Hoyer
Hunter
Hutchinson
Hutto
Hyde
Inglis
Kaptur
Kasich
Kennedy
Kildee
Klink
Klug
Lancaster
Lantos
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lipinski
Lowey
Margolies-Mezvinsky
Markey
Mazzoli
McCloskey
McDermott
McHale
McKinney
Meehan
Mfume
Miller (CA)
Mink
Moakley
Molinari
Nadler
Norton (DC)
Obey
Olver
Owens
Pallone
Payne (NJ)
Pelosi
Porter
Poshard
Rahall
Richardson
Ridge
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Sanders
Schiff
Schroeder
Scott
Sensenbrenner
Sharp
Shepherd
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spratt
Stark
Stearns
Stokes
Strickland
Studds
Stupak
Swett
Tauzin
Taylor (MS)
Torricelli
Towns
Traficant
Underwood (GU)
Unsoeld
Upton
Velazquez
Vento
Walker
Washington
Waters
Watt
Waxman
Weldon
Wolf
Woolsey
Wynn
Yates
Young (FL)
NOT VOTING--8
Bentley
Clyburn
Gallo
Herger
Mollohan
Ravenel
Romero-Barcelo (PR)
Roukema
So the amendment in the nature of a substitute was agreed to.
After some further time,
Para. 93.14 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment in the nature of substitute
submitted by Ms. PELOSI:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-China Act of
1994''.
SEC. 2. FINDINGS AND POLICY.
(a) Findings.--The Congress makes the following findings:
(1) In Executive Order 12850, dated May 28, 1993, the
President established conditions for renewing most-favored-
nation treatment for the People's Republic of China in 1994.
(2) The Executive order requires that in recommending the
extension of most-favored-nation trade status to the People's
Republic of China for the 12-month period beginning July 3,
1994, the Secretary of State shall not recommend extension
unless the Secretary determines that such extension
substantially promotes the freedom of emigration objectives
contained in section 402 of the Trade Act of 1974 (19 U.S.C.
2432) and that China is complying with the 1992 bilateral
agreement between the United States and China concerning
export to the United States of products made with prison
labor.
(3) The Executive order further requires that in making the
recommendation, the Secretary of State shall determine if
China has made overall significant progress with respect to--
(A) taking steps to begin adhering to the Universal
Declaration of Human Rights;
(B) releasing and providing an acceptable accounting for
Chinese citizens imprisoned or detained for the nonviolent
expression of their political and religious beliefs,
including such expressions of beliefs in connection with the
Democracy Wall and Tiananmen Square movements;
(C) ensuring humane treatment of prisoners, and allowing
access to prisons by international humanitarian and human
rights organizations;
(D) protecting Tibet's distinctive religious and cultural
heritage; and
(E) permitting international radio and television
broadcasts into China.
(4) The Executive order requires the executive branch to
resolutely pursue all legislative and executive actions to
ensure that China abides by its commitments to follow fair,
nondiscriminatory trade practices in dealing with United
States businesses and adheres to the Nuclear Nonproliferation
Treaty, the Missile Technology Control Regime guidelines and
parameters, and other nonproliferation commitments.
(5) The Government of the People's Republic of China, a
member of the United Nations Security Council obligated to
respect and uphold the United Nations charter and Universal
Declaration of Human Rights, has over the past year made less
than significant progress on human rights. The People's
Republic of China has released only a few prominent political
prisoners and continues to violate internationally recognized
standards of human rights by arbitrary arrests and detention
of persons for the nonviolent expression of their political
and religious beliefs.
(6) The Government of the People's Republic of China has
not allowed humanitarian and human rights organizations
access to prisons.
(7) The Government of the People's Republic of China has
refused to meet with the Dalai Lama, or his representative,
to discuss the protection of Tibet's distinctive religious
and cultural heritage.
(8) It continues to be the policy and practice of the
Government of the People's Republic of China to control all
trade unions and suppress and harass members of the
independent labor union movement.
(9) The Government of the People's Republic of China
continues to restrict the activities of accredited
journalists.
(10) The People's Republic of China's defense industrial
trading companies and the People's Liberation Army engage in
lucrative trade relations with the United States and operate
lucrative commercial businesses within the United States.
Trade with and investments in the defense industrial trading
companies and the People's Liberation Army are contrary to
the national security interests of the United States.
(11) The President has conducted an intensive high-level
dialogue with the Government of the People's Republic of
China, including meeting with the President of China, in an
effort to encourage that government to make significant
progress toward meeting the standards contained in the
Executive order for continuation of most-favored-nation
treatment.
(12) The Government of the People's Republic of China has
not made overall significant progress with respect to the
standards contained in the President's Executive Order 12850,
dated May 28, 1993.
(b) Policy.--It is the policy of the Congress that, since
the President has recommended the continuation of the waiver
under section 402(d) of the Trade Act of 1974 for the
People's Republic of China for the 12-month period beginning
July 3, 1994, such waiver shall not provide for extension of
nondiscriminatory trade treatment to goods that are produced,
manufactured, or exported by the People's Liberation Army or
Chinese defense industrial trading companies or to
nonqualified goods that are produced, manufactured, or
exported by state-owned enterprises of the People's Republic
of China.
SEC. 3. LIMITATIONS ON EXTENSION OF NONDISCRIMINATORY
TREATMENT.
(a) In General.--Notwithstanding any other provision of
law--
(1) if nondiscriminatory treatment is not granted to the
People's Republic of China by reason of the enactment into
law of a disapproval resolution described in subsection
(b)(1), nondiscriminatory treatment shall--
(A) continue to apply to any good that is produced or
manufactured by a person that is not a state-owned enterprise
of the People's Republic of China, but
(B) not apply to any good that is produced, manufactured,
or exported by a state-owned enterprise of the People's
Republic of China,
(2) if nondiscriminatory treatment is granted to the
People's Republic of China for the 12-month period beginning
on July 3, 1994, such nondiscriminatory treatment shall not
apply to--
(A) any good that is produced, manufactured, or exported by
the People's Liberation Army or a Chinese defense industrial
trading company, or
(B) any nonqualified good that is produced, manufactured,
or exported by a state-owned enterprise of the People's
Republic of China, and
(3) in order for nondiscriminatory treatment to be granted
to the People's Republic of China, and subsequent to the
granting of such nondiscriminatory treatment, the Secretary
of the Treasury shall consult with leaders of American
businesses having significant trade with or investment in the
People's Republic of China, to encourage them to adopt a
voluntary code of conduct that--
(A) follows internationally recognized human rights
principles,
(B) ensures that the employment of Chinese citizens is not
discriminatory in terms of sex, ethnic origin, or political
belief,
(C) ensures that no convict, forced, or indentured labor is
knowingly used,
(D) recognizes the rights of workers to freely organize and
bargain collectively, and
(E) discourages mandatory political indoctrination on
business premises.
(b) Disapproval Resolution.--
(1) In general.--For purposes of this section, the term
``resolution'' means only a joint resolution of the two
Houses of Congress, the matter after the resolving clause of
which is as follows: ``That the Congress does not approve the
extension of the authority contained in section 402(c) of the
Trade Act of 1974 recommended by the President to the
Congress on ______________________ with respect to the
People's Republic of China because the Congress does not
agree that the People's Republic of China has met the
standards described in the President's Executive Order 12850,
dated May 28, 1993.'', with the blank space being filled with
the appropriate date.
(2) Applicable rules.--The provisions of sections 153
(other than paragraphs (3) and (4) of subsection (b)) and
402(d)(2) (as modified by this subsection) of the Trade Act
of 1974 shall apply to a resolution described in paragraph
(1).
(c) Determination of State-Owned Enterprises and Chinese
Defense Industrial Trading Companies.--
(1) In general.--Subject to paragraphs (2) and (3), not
later than 90 days after the date of the enactment of this
Act, the Secretary of the Treasury shall determine which
persons are state-owned enterprises of the People's Republic
of China and which persons are Chinese defense industrial
trading companies for purposes of this Act. The Secretary
shall publish a list of such persons in the Federal Register.
[[Page 1535]]
(2) Public hearing.--
(A) General rule.--Before making the determination and
publishing the list required by paragraph (1), the Secretary
of the Treasury shall hold a public hearing for the purpose
of receiving oral and written testimony regarding the persons
to be included on the list.
(B) Additions and deletions.--The Secretary of the Treasury
may add or delete persons from the list based on information
available to the Secretary or upon receipt of a request
containing sufficient information to take such action.
(3) Definitions and special rules.--For purposes of making
the determination required by paragraph (1), the following
definitions apply:
(A) Chinese defense industrial trading company.--The term
``Chinese defense industrial trading company''--
(i) means a person that is--
(I) engaged in manufacturing, producing, or exporting, and
(II) affiliated with or owned, controlled, or subsidized by
the People's Liberation Army, and
(ii) includes any person identified in the United States
Defense Intelligence Agency publication numbered VP-1920-271-
90, dated September 1990.
(B) People's liberation army.--The term ``People's
Liberation Army'' means any branch or division of the land,
naval, or air military service or the police of the
Government of the People's Republic of China.
(C) State-owned enterprise of the people's republic of
china.--(i) The term ``state-owned enterprise of the People's
Republic of China'' means a person who is affiliated with or
wholly owned, controlled, or subsidized by the Government of
the People's Republic of China and whose means of production,
products, and revenues are owned or controlled by a central
or provincial government authority. A person shall be
considered to be state-owned if--
(I) the person's assets are primarily owned by a central or
provincial government authority;
(II) a substantial proportion of the person's profits are
required to be submitted to a central or provincial
government authority;
(III) the person's production, purchases of inputs, and
sales of output, in whole or in part, are subject to state,
sectoral, or regional plans; or
(IV) a license issued by a government authority classifies
the person as state-owned.
(ii) Any person that--
(I) is a qualified foreign joint venture or is licensed by
a governmental authority as a collective, cooperative, or
private enterprise; or
(II) is wholly owned by a foreign person,
shall not be considered to be state-owned.
(D) Qualified foreign joint venture.--The term ``qualified
foreign joint venture'' means any person--
(i) which is registered and licensed in the agency or
department of the Government of the People's Republic of
China concerned with foreign economic relations and trade as
an equity, cooperative, contractual joint venture, or joint
stock company with foreign investment;
(ii) in which the foreign investor partner and a person of
the People's Republic of China share profits and losses and
jointly manage the venture;
(iii) in which the foreign investor partner holds or
controls at least 25 percent of the investment and the
foreign investor partner is not substantially owned or
controlled by a state-owned enterprise of the People's
Republic of China;
(iv) in which the foreign investor partner is not a person
of a country the government of which the Secretary of State
has determined under section 6(j) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)) to have
repeatedly provided support for acts of international
terrorism; and
(v) which does not use state-owned enterprises of the
People's Republic of China to export its goods or services.
(E) Person.--The term ``person'' means a natural person,
corporation, partnership, enterprise, instrumentality,
agency, or other entity.
(F) Foreign investor partner.--The term ``foreign investor
partner'' means--
(i) a natural person who is not a citizen of the People's
Republic of China; and
(ii) a corporation, partnership, instrumentality,
enterprise, agency, or other entity that is organized under
the laws of a country other than the People's Republic of
China and 50 percent or more of the outstanding capital stock
or beneficial interest of such entity is owned (directly or
indirectly) by natural persons who are not citizens of the
People's Republic of China.
(G) Nonqualified good.--The term ``nonqualified good''
means a good to which chapter 39, 44, 48, 61, 62, 64, 70, 73,
84, 93, or 94 of the Harmonized Tariff Schedule of the United
States applies.
(H) Convict, forced, or indentured labor.--The term
``convict, forced, or indentured labor'' has the meaning
given such term by section 307 of the Tariff Act of 1930 (19
U.S.C. 1307).
(I) Violations of internationally recognized standards of
human rights.--The term ``violations of internationally
recognized standards of human rights'' includes but is not
limited to, torture, cruel, inhuman, or degrading treatment
or punishment, prolonged detention without charges and trial,
causing the disappearance of persons by abduction and
clandestine detention of those persons, secret judicial
proceedings, and other flagrant denial of the right to life,
liberty, or the security of any person.
(J) Missile technology control regime.--The term ``Missile
Technology Control Regime'' means the agreement, as amended,
between the United States, the United Kingdom, the Federal
Republic of Germany, France, Italy, Canada, and Japan,
announced on April 16, 1987, to restrict sensitive missile-
relevant transfers based on an annex of missile equipment and
technology.
(d) Semiannual Reports.--The Secretary of the Treasury
shall, not later than 6 months after the date of the
enactment of this Act, and the end of each 6-month period
occurring thereafter, report to the Congress on the efforts
of the executive branch to carry out subsection (c). The
Secretary may include in the report a request for additional
authority, if necessary, to carry out subsection (c). In
addition, the report shall include information regarding the
efforts of the executive branch to carry out subsection
(a)(3).
SEC. 4. PRESIDENTIAL WAIVER.
The President may waive the application of any condition or
prohibition imposed on any person pursuant to this Act, if
the President determines and reports to the Congress that the
continued imposition of the condition or prohibition would
have a serious adverse effect on the vital national security
interests of the United States.
SEC. 5. REPORT BY THE PRESIDENT.
If the President recommends in 1995 that the waiver
referred to in section 2 be continued for the People's
Republic of China, the President shall state in the document
required to be submitted to the Congress by section 402(d) of
the Trade Act of 1974, the extent to which the Government of
the People's Republic of China has made progress during the
period covered by the document, with respect to--
(1) adhering to the provisions of the Universal Declaration
of Human Rights,
(2) ceasing the exportation to the United States of
products made with convict, force, or indentured labor,
(3) ceasing unfair and discriminatory trade practices which
restrict and unreasonably burden American business, and
(4) adhering to the guidelines and parameters of the
Missile Technology Control Regime, the controls adopted by
the Nuclear Suppliers Group, and the controls adopted by the
Australia Group.
SEC. 6. SANCTIONS BY OTHER COUNTRIES.
If the President decides not to seek a continuation of a
waiver in 1995 for the People's Republic of China under
section 402(d) of the Trade Act of 1974, the President shall,
during the 30-day period beginning on the date that the
President would have recommended to the Congress that such a
waiver be continued, undertake efforts to ensure that members
of the General Agreement on Tariffs and Trade take a similar
action with respect to the People's Republic of China.
It was decided in the
Yeas
158
<3-line {>
negative
Nays
270
Para. 93.15 [Roll No. 383]
AYES--158
Abercrombie
Andrews (ME)
Applegate
Baker (CA)
Barrett (WI)
Barton
Beilenson
Berman
Bilbray
Bilirakis
Blackwell
Boehlert
Bonior
Borski
Browder
Brown (OH)
Bunning
Burton
Byrne
Cardin
Clay
Clayton
Collins (GA)
Collins (IL)
Collins (MI)
Conyers
Costello
Cox
Coyne
de Lugo (VI)
DeFazio
Dellums
Diaz-Balart
Dickey
Dixon
Dornan
Duncan
Durbin
Edwards (CA)
Engel
Eshoo
Evans
Everett
Farr
Fields (LA)
Fish
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Gejdenson
Gephardt
Gilman
Gonzalez
Goodling
Green
Gunderson
Gutierrez
Hall (OH)
Hamburg
Hefley
Hefner
Hilliard
Hinchey
Hobson
Hochbrueckner
Holden
Horn
Hoyer
Hunter
Hutchinson
Hutto
Hyde
Inglis
Kaptur
Kasich
Kennedy
Kildee
King
Klink
Klug
Lancaster
Lantos
Levin
Lewis (GA)
Lewis (KY)
Lipinski
Lowey
Margolies-Mezvinsky
Markey
Mazzoli
McCloskey
McHale
McKinney
Meehan
Menendez
Mfume
Miller (CA)
Mink
Moakley
Molinari
Nadler
Neal (MA)
Norton (DC)
Obey
Olver
Owens
Pallone
Payne (NJ)
Pelosi
Porter
Poshard
Rahall
Rangel
Richardson
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Sanders
Schiff
Schroeder
Scott
Sensenbrenner
Sharp
Shepherd
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stokes
Strickland
Studds
Stupak
Swett
Taylor (MS)
Taylor (NC)
Torricelli
Towns
Traficant
Underwood (GU)
Unsoeld
Upton
Velazquez
Vento
Washington
Waters
Watt
Waxman
Weldon
Wolf
Woolsey
Wynn
Yates
Young (FL)
NOES--270
Ackerman
Allard
Andrews (NJ)
Andrews (TX)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Bartlett
Bateman
Becerra
Bereuter
Bevill
Bishop
Bliley
Blute
Boehner
Bonilla
Boucher
Brewster
Brooks
Brown (CA)
Brown (FL)
[[Page 1536]]
Bryant
Buyer
Callahan
Calvert
Camp
Canady
Cantwell
Carr
Castle
Chapman
Clement
Clinger
Coble
Coleman
Combest
Condit
Cooper
Coppersmith
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeLauro
DeLay
Derrick
Deutsch
Dicks
Dingell
Dooley
Doolittle
Dreier
Dunn
Edwards (TX)
Ehlers
Emerson
English
Ewing
Faleomavaega (AS)
Fawell
Fazio
Fields (TX)
Filner
Fingerhut
Flake
Fowler
Franks (CT)
Frost
Furse
Gallegly
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gingrich
Glickman
Goodlatte
Gordon
Goss
Grams
Grandy
Greenwood
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hoagland
Hoekstra
Hoke
Houghton
Huffington
Hughes
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kennelly
Kim
Kingston
Kleczka
Klein
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
LaRocco
Laughlin
Lazio
Leach
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Lloyd
Long
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Martinez
Matsui
McCandless
McCrery
McCurdy
McDade
McDermott
McHugh
McInnis
McKeon
McMillan
McNulty
Meek
Meyers
Mica
Michel
Miller (FL)
Mineta
Minge
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Neal (NC)
Nussle
Oberstar
Ortiz
Orton
Oxley
Packard
Parker
Pastor
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Portman
Price (NC)
Pryce (OH)
Quillen
Quinn
Ramstad
Reed
Regula
Reynolds
Ridge
Roberts
Roemer
Rostenkowski
Roth
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schumer
Serrano
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (OR)
Stenholm
Stump
Sundquist
Swift
Synar
Talent
Tanner
Tauzin
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Tucker
Valentine
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wheat
Williams
Wilson
Wise
Wyden
Young (AK)
Zeliff
Zimmer
NOT VOTING--11
Bentley
Clyburn
Franks (NJ)
Gallo
Herger
McCollum
Ravenel
Romero-Barcelo (PR)
Roukema
Stark
Whitten
So the amendment in the nature of a substitute was not agreed to.
The SPEAKER pro tempore, Mr. SKAGGS, assumed the Chair.
When Mr. SHARP, Chairman, pursuant to House Resolution 509, reported
the bill back to the House with an amendment adopted by the Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States China Policy
Act of 1994''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The economic, social, political, and cultural welfare
of the people of China, who constitute one-fifth of the
world's population, is a matter of global humanitarian
concern.
(2) By virtue of its size, its economic vitality, its
status as a nuclear power, and its role as a permanent member
of the United Nations Security Council, China plays a
significant role in world affairs.
(3) The United States policy toward China involves
balancing multiple interests, including promoting human
rights and democracy, securing China's strategic cooperation
in Asia and the United Nations, protecting United States
national security interests, controlling the proliferation of
weapons of mass destruction, promoting a peaceful and
democratic transition in Hong Kong, and expanding United
States economic contact with China.
(4) United States policy toward China must include as a key
objective the promotion of internationally recognized human
rights. Specific priorities and methods should be appropriate
to the circumstances. Engagement with China rather than its
isolation is more likely to foster United States interests.
(5) The opening of China to the West, the adoption of free
market economic reforms, the emergence of a strong and
entrepreneurial economy that ensures the rise of a Chinese
middle class; all have led to expanded individual freedom, a
weakening of state control over personal expression, access
to the media in the United States, Hong Kong, and the West,
and major improvements in living standards for the Chinese
people.
(6) United States policies that encourage economic
liberalization and increased contact with the United States
and other democracies foster respect for internationally
recognized human rights and can contribute to civil and
political reform in China.
(7) The President's policy statement of May 26, 1994,
provides a sound framework for expanding and extending the
relationship of the United States with China while continuing
the commitment of the United States to its historic values.
The United States must develop a comprehensive and coherent
policy toward China that addresses the complex and fast-
changing reality in that country and promotes simultaneously
the human rights, diplomatic, economic, and security
interests of the United States toward China.
(8) The United States has an interest in a strong, stable,
prosperous, and open China whose government contributes to
international peace and security and whose actions are
consistent with the responsibilities of great power status.
Whether those expectations are met will determine the
breadth, depth, and tone of the United States-China bilateral
relationship.
(9) Peace and economic progress in East Asia is best
assured through a web of cooperative relations among the
countries of the region, including China and the United
States. The emergence of a militarily powerful China that
seeks to dominate East Asia would be regarded as a matter of
serious concern by the United States and by other countries
in the Asia-Pacific region.
(10) Yet China's performance has been uneven on a number of
issues of concern to the United States. In particular, the
Chinese Government has failed to observe internationally
recognized human rights. In this regard the Congress makes
the following declarations:
(A) The Chinese Government itself has made commitments to
observe universal human rights norms.
(B) Human rights have universal application and are not
solely defined by culture or history.
(C) Chinese policies of particular concern to the United
States are the criminalization of dissent, the inhumane
treatment in prisons, and the serious repression in non-Han-
Chinese areas like Tibet.
(11) Genuine political stability in China and greater
respect for internationally recognized human rights, as well
as continued economic growth and stability, will only occur
in China as a result of a strengthened legal system (based on
the rule of law and property rights), the emergence of a
civil society, and the creation of political institutions
that are responsive to public opinion and the interests of
social groups.
(12) China has entered a major transition in its political
history which will determine the nature of the domestic
system, including respect for internationally recognized
human rights, and the Chinese Government's foreign policy.
The Chinese Government should accelerate the process of
reform of all aspects of Chinese society.
(13) Existing official bilateral and multilateral
institutions provide useful venues for engagement with China
concerning the rule of law, civil society, respect for
internationally recognized human rights, and political
institutions that provide humane and effective governance.
(14) American nongovernmental and business organizations,
in their various forms of engagement in China, have
contributed in that country to the initial emergence of civil
society, the strengthening of the legal system, and the
expansion of economic autonomy.
SEC. 3. RECOMMENDATIONS FOR IMPLEMENTATION OF UNITED STATES
POLICY.
Congress affirms the President's policy and makes the
following recommendations for the conduct of United States
policy toward China:
(1) The United States should continue a steady and
comprehensive policy of pressing for increased Chinese
adherence to international norms, especially those concerning
internationally recognized human rights.
(2) Of particular concern to the United States are the
following:
(A) The accounting and release of political prisoners.
(B) Access to Chinese prisoners by international
humanitarian organizations.
(C) Negotiations between the Chinese Government and the
Dalai Lama on Tibetan issues.
(3) The official dialogue with the Chinese Government on
human rights issues should continue and be intensified.
(4) As he considers appropriate, the President should use
other available modes of official interaction with China to
pursue initiatives that are relevant to promoting increased
respect for human rights in China.
(5) The United States should expand broadcasting to China,
through the Voice of America and Radio Free Asia.
(6) The United States should work through available
multilateral fora, such as the United Nations Human Rights
Commission, to express concerns about human rights in China
and to encourage Chinese adherence to, and compliance with,
international human rights instruments. At all appro-
[[Page 1537]]
priate times, the United States should work toward and
support joint actions to address significant problems. In
particular, the United States should seek to secure the
participation of other governments in overtures to secure the
accounting and release of political prisoners, to encourage
access to Chinese prisoners by international humanitarian
organizations and negotiations between the Chinese Government
and the Dalai Lama.
(7) Where possible, the United States should take further
steps to foster in China the rule of law, the creation of a
civic society, and the emergence of institutions that provide
humane and effective governance.
(8) To better carry out the recommendation in paragraph
(7), the Secretary of State should encourage United States
posts in China to increase reporting on the human rights
situation, the rule of law, civil society, and other
political developments in China, and to increase appropriate
contacts with domestic nongovernmental organizations.
(9) United States non-governmental organizations should
continue and expand activities that encourage the rule of
law, the emergence of a civic society, and the creation of
institutions that provide humane and effective governance.
(10) When considering the termination of the suspensions of
United States Government activities enacted in section 902(a)
of the Foreign Relations Authorization Act, Fiscal Years 1990
and 1991, the President should explore whether such
terminations could be used to elicit specific steps by the
Chinese government to enhance respect for internationally
recognized human rights or correct abuses of such rights.
SEC. 4. UNITED STATES GOVERNMENT PROGRAMS SUPPORTING HUMAN
RIGHTS IN CHINA.
(a) Statement of Policy.--Concerning the promotion of human
rights in China, it shall be the policy of the United States
to promote the following objectives:
(1) An effective legal system, based on the rule of law.
(2) Respect for internationally recognized human rights.
(3) The emergence of civil society.
(4) The creation of institutions that provide humane and
effective governance.
(b) Factors.--In determining how to carry out the
objectives stated in subsection (a), the President should
consider the following factors:
(1) The circumstances under which it is appropriate to
provide support to organizations and individuals in China.
(2) The circumstances under which it is appropriate to
provide financial support, including through the following
means:
(A) Directly by the United States Government.
(B) Through United States nongovernmental organizations
which have established a sound record in China.
(3) The extent to which the objectives of subsection (a)
should be promoted through exchanges, technical assistance,
grants to organizations, and scholarships for advanced study
in the United States.
(4) How to assure accountability for funds provided by the
United States Government.
(c) Authorization of Appropriations for Fiscal Year 1995.--
(1) Of the amounts authorized to be appropriated for
education and cultural exchange programs of the United States
Information Agency for fiscal year 1995, up to $1,000,000 is
authorized to be available for programs to carry out the
objectives of subsection (a).
(2) In addition to such amounts as may otherwise be made
available for broadcasting to China for fiscal year 1995, of
the amounts authorized to be appropriated for international
broadcasting for fiscal year 1995, an
additional $5,000,000 may be used for broadcasting to China .
SEC. 5. INTERNATIONAL HUMANITARIAN ORGANIZATIONS.
It is the sense of Congress that, in the event that
international humanitarian organizations undertake activities
in China related to the treatment of prisoners, the President
should make available an additional contribution to those
organizations to support such activities.
SEC. 6. PRINCIPLES TO GOVERN THE ACTIVITIES OF UNITED STATES
BUSINESS IN CHINA.
(a) In General.--Congress endorses President Clinton's
efforts to work with the leaders of the United States
business community to develop voluntary principles that could
be adapted by United States companies doing business in China
to further advance human rights and commends United States
companies that have previously adopted such principles or are
considering taking such action.
(b) Other Countries.--Congress urges the President to
encourage other governments to adopt similar principles to
govern the activities of their business organizations with
activities in China.
SEC. 7. PERIODIC REPORTS.
Not more than 180 days after the date of the enactment of
this Act and annually for the 2 subsequent years, the
President shall submit to the Speaker of the House of
Representatives and the Chairman of the Committee on Foreign
Relations of the Senate, a report (in a classified form in
whole or in part as necessary) which reviews for the
preceding 12-month period those activities supported by the
United States Government to promote the objectives stated in
section 4(a).
SEC. 8. COMMISSION ON LAW AND SOCIETY IN CHINA.
The President is authorized to establish a United States
commission on law and society in the People's Republic of
China to undertake the following responsibilities and such
other duties as the President considers appropriate:
(1) To monitor developments in China with respect to the
following:
(A) The development of the Chinese legal system.
(B) The emergence of civil society.
(C) The development of institutions that provide humane and
effective governance.
(2) To engage in an ad hoc dialogue with Chinese
individuals and nongovernmental organizations who have an
interest in the subjects indicated in paragraph (1).
(3) To report to the President and to the Congress the
commission's findings regarding the subjects identified in
paragraph (1) and its discussions with Chinese individuals
and organizations concerning those subjects.
(4) To make recommendations to the President on United
States policy toward China in promoting the objectives
identified in section 4(a).
(5) To assess and report to the President and the Congress
on whether the creation of a United States-China Commission
on Law and Society would contribute to the objectives
identified in section 4(a).
Amend the title to read as follows: ``Concerning United
States efforts to promote respect for internationally
recognized human rights in China.''.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. SKAGGS, announced that the yeas had it.
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 93.16 subpoena
The SPEAKER pro tempore, Mr. SKAGGS, laid before the House a
communication, which was read as follows:
Congress of the United States,
House of Representatives,
Washington, DC, August 3, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives, the Capitol, Washington,
DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to rule L (50) of the Rules of the House that Garland
Hardeman, a member of my staff, has been served with a
subpoena issued by the California Workers Compensation
Appeals Board.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoena is
consistent with the privileges and precedents of the House.
Sincerely,
Walter R. Tucker III,
Member of Congress.
Para. 93.17 providing for the consideration of h.r. 4907
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-689) the resolution (H. Res. 512) providing for the
consideration of the bill (H.R. 4907) to reform the concept of baseline
budgeting.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 93.18 providing for the consideration of h.r. 4906
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-690) the resolution (H. Res. 513) providing for the
consideration of the bill (H.R. 4906) to amend the Congressional Budget
and Impoundment Control Act of 1974 to limit consideration of
nonemergency matters in emergency legislation.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 93.19 providing for the consideration of h.r. 4822
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-691) the resolution (H. Res. 514) providing for the
consideration of the bill (H.R. 4822) to make certain laws applicable to
the legislative branch of the Federal Government.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 93.20 senate enrolled joint resolution signed
The SPEAKER announced his signature to an enrolled joint resolution of
the Senate of the following title:
S.J. Res. 178. Joint resolution to proclaim the week of
October 16 through October 22, 1994, as ``National Character
Counts Week''.
And then,
[[Page 1538]]
Para. 93.21 adjournment
On motion of Mr. UNDERWOOD, at 11 o'clock and 32 minutes p.m., the
House adjourned.
Para. 93.22 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. GIBBONS: Committee on Ways and Means. H.R. 3433. A bill
to provide for the management of portions of the Presidio
under the jurisdiction of the Secretary of the Interior; with
amendments (Rept. No. 103-615, Pt. 2). Referred to the
Committee of the Whole House on the State of the Union.
Mr. MOAKLEY: Committee on Rules. H.R. 4906. A bill to amend
the Congressional Budget and Impoundment Control Act of 1974
to limit consideration of nonemergency matters in emergency
legislation (Rept. No. 103-687). Referred to the House
Calendar.
Mr. MOAKLEY: Committee on Rules. H.R. 4907. A bill to
reform the concept of baseline budgeting; with an amendment
(Rept. No. 103-688, Pt. 1). Ordered to be printed.
Mr. DERRICK: Committee on Rules. House Resolution 512.
Resolution providing for consideration of the bill (H.R.
4907) to reform the concept of baseline budgeting (Rept. No.
103-689). Referred to the House Calendar.
Mr. DERRICK: Committee on Rules. House Resolution 513.
Resolution providing for consideration of the bill (H.R.
4906) to amend the Congressional Budget and Impoundment
Control Act of 1974 to limit consideration of nonemergency
matters in emergency legislation (Rept. No. 103-690).
Referred to the House Calendar.
Mr. DERRICK: Committee on Rule. House Resolution 514. A
resolution providing for consideration of the bill (H.R.
4822) to make certain laws applicable to the legislative
branch of the Federal Government (Rept. No. 103-691).
Referred to the House Calendar.
Para. 93.23 subsequent action on a reported bill sequentially referred
Under clause 5 of rule X the follo wing action was taken by the
Speaker:
The Committee on Government Operations discharged from the
further consideration of H.R. 3433; H.R. 3433 referred to the
Committee of the Whole House on the State of the Union.
Para. 93.24 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. EDWARDS of California (for himself and Mr.
Hyde):
H.R. 4922. A bill to amend title 18, United States Code, to
make clear a telecommunications carrier's duty to cooperate
in the interception of communications for law enforcement
purposes, and for other purposes; to the Committee on the
Judiciary.
By Mr. BARCA of Wisconsin:
H.R. 4923. A bill to equalize the minimum adjustments to
prices for fluid milk under milk marketing orders and to
require the Secretary of Agriculture to conduct a study
regarding the solids content of beverage milk; to the
Committee on Agriculture.
By Mr. FIELDS of Texas (for himself, Mr. Studds, and
Mr. Beilenson):
H.R. 4924. A bill to assist in the conservation of
rhinoceros and tigers by supporting and providing financial
resources for the conservation programs of nations whose
activities directly or indirectly affect rhinoceros and tiger
populations, and of the CITES Secretariat; to the Committee
on Merchant Marine and Fisheries.
By Mr. HAMBURG:
H.R. 4925. A bill to extend for 1 year the authority of the
Bureau of Reclamation to sell certain loans to the Redwood
Valley Water District; to the Committee on Natural Resources.
By Mr. SCHUMER:
H.R. 4926. A bill to require the Secretary of the Treasury
to identify foreign countries which may be denying national
treatment to U.S. banking organizations and to assess whether
any such denial may be having a significant adverse effect on
such organizations, and to require Federal banking agencies
to take such assessments into account in considering
applications by foreign banks under the International Banking
Act of 1978 and the Bank Holding Company Act of 1956; to the
Committee on Banking, Finance and Urban Affairs.
Para. 93.25 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 127: Mr. Reynolds, Mr. LaRocco, Mr. Studds, and Mr.
Berman.
H.R. 417: Mr. Lantos and Mr. Skeen.
H.R. 846: Mrs. Vucanovich, Mr. Hochbrueckner, Mr. Bilbray,
and Mr. Condit.
H.R. 1490: Ms. Dunn.
H.R. 1857: Mr. Schiff.
H.R. 2142: Mr. Vento.
H.R. 2292: Mr. Knollenberg.
H.R. 2467: Mr. Browder.
H.R. 2638: Mr. Wynn, Mr. Lantos, Mr. Barca of Wisconsin,
Mr. Filner, and Mr. Gutierrez.
H.R. 2646: Mr. Doolittle.
H.R. 2717: Mr. Sensenbrenner.
H.R. 2790: Mr. Andrews of Maine.
H.R. 2967: Mr. Evans.
H.R. 3270: Mr. McDade, Mr. Quinn, Mr. de la Garza, Mr. Hall
of Texas, Mr. Mazzoli, Ms. Danner, Mr. Fazio, Mr. Glickman,
Mr. Cardin, and Mr. Farr.
H.R. 3328: Mr. Strickland.
H.R. 3513: Mr. Barca of Wisconsin.
H.R. 3546: Mr. McCloskey, Mr. Baesler, Mr. Lewis of
Kentucky, and Mr. Parker.
H.R. 3875: Ms. Dunn.
H.R. 3928: Mr. Lehman.
H.R. 4026: Mr. Dicks.
H.R. 4036: Mr. Shaw and Mr. Bliley.
H.R. 4050: Ms. English of Arizona and Mr. Waxman.
H.R. 4051: Mr. Studds and Mr. Stupak.
H.R. 4074: Mr. Clement, Mr. Chapman, Mr. Shuster, Mr.
Deutsch, Mr. Calvert, and Mr. Emerson.
H.R. 4114: Mr. Richardson.
H.R. 4198: Mr. Hancock and Mr. Bachus of Alabama.
H.R. 4260: Mr. Borski, Mr. Johnson of Georgia, and Mr.
Klink.
H.R. 4289: Mr. Manton.
H.R. 4318: Mr. Studds.
H.R. 4345: Mr. Montgomery.
H.R. 4371: Mr. Bliley and Mr. Farr.
H.R. 4404: Mr. Beilenson, Mr. Walsh, and Mr. Yates.
H.R. 4412: Mr. McCloskey, Mr. Manton, Mr. Peterson of
Minnesota, and Mr. Leach.
H.R. 4416: Mr. Brewster, Mr. Oberstar, Mr. Lucas, Mr.
Combest, Mr. Rose, Mr. Frost, Mr. Fingerhut, Mr. Minge, Mr.
McHugh, and Mr. Klug.
H.R. 4507: Mr. Neal of North Carolina.
H.R. 4514: Mr. Condit, Ms. Furse, Mr. Hefner, Mr.
Foglietta, Mr. Filner, Mr. Swift, Mr. Moran, and Mr.
Jefferson.
H.R. 4560: Mr. Boucher.
H.R. 4570: Mr. Deutsch and Mr. Frank of Massachusetts.
H.R. 4675: Mr. Hilliard and Mr. McCloskey.
H.R. 4711: Mr. Meehan, Mr. Johnston of Florida, Mrs.
Kennelly, and Mr. Parker.
H.R. 4714: Mr. Hoagland and Ms. Eddie Bernice Johnson of
Texas.
H.R. 4734: Ms. Furse.
H.R. 4805: Mrs. Thurman, Mr. Minge, Mr. Frank of
Massachusetts, and Mr. Poshard.
H.R. 4824: Mr. Levy.
H.R. 4830: Mr. Levy, Mr. Fields of Texas, and Mr. Darden.
H.R. 4831: Mr. Farr and Mr. Schiff.
H.R. 4841: Ms. Velazquez.
H.R. 4861: Mrs. Meyers of Kansas.
H.R. 4883: Mr. Blute, Mr. Calvert, Mr. Lewis of Florida,
Mr. Levy, Mr. Packard, and Mr. Herger.
H.R. 4893: Mr. Bachus of Alabama.
H.R. 4897: Mr. Pete Geren of Texas and Mr. Frost.
H.R. 4898: Mr. Pete Geren of Texas and Mr. Frost.
H.J. Res. 355: Mr. Crapo, Mr. Thompson, Mr. Swift, Mrs.
Maloney, Ms. Furse, Mr. Klink, Ms. Roybal-Allard, Mr. Spence,
Mr. Kennedy, Mr. Lewis of Florida, Mr. Washington, Mr. Gallo,
Mr. Romero-Barcelo, Ms. Eddie Bernice Johnson of Texas, Mr.
Peterson of Minnesota, Mr. Pickett, Mr. Whitten, Mr. Sawyer,
Mr. Boehlert, Mr. Hyde, Mr. Traficant, Mr. Brown of
California, Mr. Faleomavaega, Mr. Sabo, Mr. King, Mr. Kildee,
Mr. Orton, Mrs. Thurman, Mr. Tejeda, Mr. Oxley, Mr.
Torricelli, Mr. Goodling, Mr. Bilirakis, Mr. Ballenger, Mr.
Weldon, Mr. Cox, Mr. Diaz-Balart, Mr. Pete Geren of Texas,
Mr. Brown of Ohio, Mr. Barrett of Wisconsin, Mr. Castle, Mr.
Kim, Mr. Royce, Mr. Doolittle, Mr. Greenwood, Mr. Kanjorski,
Mr. Blute, Mr. Gekas, Mrs. Vucanovich, Mr. LaRocco, Mr.
Shays, Mr. Lewis of California, Mr. Sanders, Mr. Lehman, Mr.
Meehan, Mr. Darden, Ms. Schenk, Mr. Gunderson, Mr. Young of
Alaska, Mr. Hoekstra, Mrs. Bentley, Mr. Serrano, Mr. Rangel,
Mr. Sangmeister, Ms. Pelosi, Mr. Tucker, Mrs. Mink of Hawaii,
Mr. Johnson of South Dakota, Ms. Velazquez, Mr.
Hochbrueckner, Mr. Ridge, Mr. Callahan, Mr. Bartlett of
Maryland, Mr. McCloskey, Mr. Petri, Mr. Carr, Mr. Hoyer, Mr.
Talent, Mrs. Byrne, Mr. Gonzalez, Mr. McCollum, Mr. Wolf, Mr.
Waxman, Mr. Menendez, Mr. Houghton, Mr. Camp, and Mr. Neal of
North Carolina.
H.J. Res. 369: Mr. Scott, Mr. Torricelli, Mr. Sangmeister,
Mr. Duncan, Mr. Engel, Mr. Pickle, Mr. Fingerhut, Mr. Durbin.
Mr. Levin, Mr. Abercrombie, Mr. Matsui, Mr. Olver, Ms.
Norton, Mr. Synar, Mr. Dicks, Mr. Hilliard, Mrs. Vucanovich,
and Mr. Slattery.
H.J. Res. 382: Mr. Ballenger, Mr. Evans, Mr. Andrews of
Maine, Mr. Ackerman, Mr. Parker, and Mr. Hall of Ohio.
H.J. Res. 383: Mr. Lipinski and Mr. Emerson.
H. Con. Res. 148: Mr. Pallone.
H. Con. Res. 166: Mr. Neal of North Carolina, Mr. Baesler,
Mr. Pallone, and Mr. Oberstar.
H. Con. Res. 212: Mr. Brown of Ohio, Mr. Fazio, and Ms.
Norton.
H. Con. Res. 234: Mr. Cardin, Mrs. Roukema, Mr. Serrano,
and Mr. Slattery.
H. Con. Res. 243: Mr. Lantos and Mr. Poshard.
H. Con. Res. 256: Mr. Roth.
H. Con. Res. 270: Mr. Baker of California, Mr. Porter, Mr.
Thomas of California, Mr. Linder, Mr. Bateman, and Mr. Crane.
H. Con. Res. 273: Mrs. Mink of Hawaii and Mr. Hastings.
H. Res. 21: Mr. Doolittle.
H. Res. 255: Mr. Schiff and Mr. Castle.
H. Res. 270: Mr. Shays.
H. Res. 291: Mr. Roberts.
H. Res. 424: Mr. Slattery.
[[Page 1539]]
H. Res. 430: Mr. Levin, Mr. Levy, and Mr. Johnson of
Georgia.
H. Res. 434: Mr. Calvert.
H. Res. 451: Mr. Williams and Mr. Goodlatte.
.
WEDNESDAY, AUGUST 10, 1994 (94)
The House was called to order by the SPEAKER.
Para. 94.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Tuesday, August 9, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 94.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3665. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification of the
Department of the Air Force's proposed Letter(s) of Offer and
Acceptance [LOA] to Italy for defense articles and services
(Transmittal No. 94-34), pursaunt to 22 U.S.C. 2776(b); to
the Committee on Foreign Affairs.
3666. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification of the
Department of the Navy's proposed Letter(s) of Offer and
Acceptance [LOA] to Thailand for defense articles and
services (Transmittal No. 94-50), pursuant to 22 U.S.C.
2776(b); to the Committee on Foreign Affairs.
3667. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification of the
Department of the Navy's proposed Letter(s) of Offer and
Acceptance [LAO] to Japan for defense articles and services
(Transmittal No. 94-38), pursuant to 22 U.S.C. 2776(b); to
the Committee on Foreign Affairs.
3668. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification of the
Department of the Air Force's proposed Letter(s) of Offer and
Acceptance [LOA] to Italy for defense articles and services
(Transmittal No. 94-35), pursuant to 22 U.S.C. 2776(b); to
the Committee on Foreign Affairs.
3669. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification of the
Department of the Air Force's proposed Letter(s) of Offer and
Acceptance [LOA] to Japan for defense articles and services
(Transmittal No. 94-37), pursuant to 22 U.S.C. 2776(b); to
the Committee on Foreign Affairs.
3670. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification of the
Department of the Navy's proposed Letter(s) of Offer and
Acceptance [LAO] to Japan for defense articles and services
(Transmittal No. 94-39), pursuant to 22 U.S.C. 2776(b); to
the Committee on Foreign Affairs.
3671. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification of the
Department of the Navy's proposed Letter(s) of Offer and
Acceptance [LAO] to Japan for defense articles and services
(Transmittal No. 94-40), pursuant to 22 U.S.C. 2776(b); to
the Committee on Foreign Affairs.
3672. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification of the
Department of the Navy's proposed Letter(s) of Offer and
Acceptance [LAO] to Japan for defense articles and services
(Transmittal No. 94-41), pursuant to 22 U.S.C. 2776(b); to
the Committee on Foreign Affairs.
3673. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification of the
Department of the Navy's proposed Letter(s) of Offer and
Acceptance [LAO] to the United Kingdom for defense articles
and services (Transmittal No. 94-42), pursuant to 22 U.S.C.
2776(b); to the Committee on Foreign Affairs.
3674. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification of the
Department of the Air Force's proposed Letter(s) of Offer and
Acceptance [LOA] to the Netherlands for defense articles and
services (Transmittal No. 94-45), pursuant to 22 U.S.C.
2776(b); to the Committee on Foreign Affairs.
Para. 94.3 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate agreed to the report of the committee of conference on
the disagreeing votes of the two Houses on the amendment of the Senate
to the bill (H.R. 3474) ``An Act to reduce administrative requirements
for insured depository institutions to the extent consistent with safe
and sound banking practices, to facilitate the establishment of
community development financial institutions, and for other purposes.''.
Para. 94.4 commerce, justice, state, judiciary appropriations
On motion of Mr. MOLLOHAN, by unanimous consent, the bill (H.R. 4603)
making appropriations for the Department of Commerce, Justice, and
State, the Judiciary, and related agencies programs for the fiscal year
ending September 30, 1995, and making supplemental appropriations for
the departments and agencies for fiscal year ending September 30, 1994,
and for other purposes; together with the amendments of the Senate
thereto, was taken from the Speaker's table.
When on motion of Mr. MOLLOHAN, it was,
Resolved, That the House disagree to the amendments of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Ordered, That the Clerk notify the Senate thereof.
Para. 94.5 motion to instruct conferees--h.r. 4603
Mr. ROGERS moved that the managers on the part of the House at the
conference on the disagreeing votes of the two Houses on H.R. 4603, be
instructed to agree to the Senate amendments numbered 125 and 127.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that the nays had
it.
Mr. ROGERS objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
177
When there appeared
<3-line {>
Nays
250
Para. 94.6 [Roll No. 384]
YEAS--177
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bilirakis
Bliley
Blute
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Costello
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Hobson
Hoekstra
Hoke
Horn
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manzullo
Mazzoli
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McNulty
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torricelli
Traficant
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--250
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilman
Glickman
Gonzalez
[[Page 1540]]
Gordon
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Houghton
Hoyer
Hughes
Hutto
Inslee
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Leach
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
McCloskey
McCurdy
McDermott
McHale
McKinney
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Porter
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Towns
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--7
Dornan
Herger
McMillan
Ravenel
Roukema
Washington
Whitten
So the motion to instruct the managers on the part of the House was
not agreed to.
A motion to reconsider the vote whereby said motion was not agreed to
was, by unanimous consent, laid on the table.
Para. 94.7 appointment of conferees--h.r.4603
Thereupon, the SPEAKER pro tempore, Mr. LaROCCO, by unanimous consent,
announced the appointment of Messrs. Mollohan, Smith of Iowa, Carr,
Moran, Skaggs, Price, Obey, Rogers, Kolbe, Taylor of North Carolina, and
McDade as managers on the part of the House at said conference.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 94.8 energy and water appropriations
Mr. BEVILL called up the following conference report (Rept. No. 103-
672):
The Committee of Conference on the disagreeing votes of the
two Houses on the amendments of the Senate to the bill (H.R.
4506) ``making appropriations for Energy and Water
Development for the fiscal year ending September 30, 1995,
and for other purposes,'' having met, after full and free
conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the Senate recede from its amendments numbered 7, 11,
14, 17, 18, 19, 20, 23, 24, 25, 27, 29, 30, 31, and 32.
That the House recede from its disagreement to the
amendments of the Senate numbered 1, 5, 10, 12, 37, 38, 40,
43, 45, 46, and 50, and agree to the same.
Amendment numbered 3:
That the House recede from its disagreement to the
amendment to the Senate numbered 3, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert
$983,668,000; and the Senate agree to the same.
Amendment numbered 13:
That the House recede from its disagreement to the
amendment of the Senate numbered 13, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken insert : Provided further,
That no part of any other appropriation provided in title I
of this Act shall be available to fund the activities of the
Office of the Chief of Engineers or the executive direction
and management activities of the Division Offices; and the
Senate agree to the same.
Amendment numbered 22:
That the House recede from its disagreement to the
amendment of the Senate numbered 22, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert
$284,300,000; and the Senate agree to the same.
Amendment numbered 26:
That the House recede from its disagreement to the
amendment of the Senate numbered 26, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert
$3,314,548,000; and the Senate agree to the same.
Amendment numbered 34:
That the House recede from its disagreement to the
amendment of the Senate numbered 34, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert
$984,031,000; and the Senate agree to the same.
Amendment numbered 36:
That the House recede from its disagreement to the
amendment of the Senate numbered 36, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert
$392,800,000; and the Senate agree to the same.
Amendment numbered 41:
That the House recede from its disagreement to the
amendment of the Senate numbered 41, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted, insert:
$3,229,069,000 to remain available until expended; and the
Senate agree to the same.
Amendment numbered 42:
That the House recede from its disagreement to the
amendment of the Senate numbered 42, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert
$5,092,691,000; and the Senate agree to the same.
Amendment numbered 44:
That the House recede from its disagreement to the
amendment of the Senate numbered 44, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert
$1,849,657,000; and the Senate agree to the same.
Amendment numbered 47:
That the House recede from its disagreement to the
amendment of the Senate numbered 47, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert
$282,000,000; and the Senate agree to the same.
The committee of conference report in disagreement
amendments numbered 2, 4, 6, 8, 9, 15, 16, 21, 28, 33, 35,
39, 48, and 49.
Tom Bevill,
Vic Fazio,
Jim Chapman,
Douglas ``Pete'' Peterson,
Ed Pastor,
Carrie P. Meek,
David R. Obey,
John T. Myers,
(Except for amendment No. 35),
Dean A. Gallo,
Harold Rogers,
Joseph M. McDade,
Managers on the Part of the House.
J. Bennett Johnston,
Robert C. Byrd,
Ernest F. Hollings,
Jim Sasser,
Dennis DeConcini,
Harry Reid,
Robert J. Kerrey,
Mark O. Hatfield,
Thad Cochran,
Pete V. Domenici,
Don Nickles,
Slade Gorton,
Mitch McConnell,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
On motion of Mr. BEVILL, the previous question was ordered on the
conference report to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. LaRocco, announced that the yeas had it.
Mr. PENNY objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
393
When there appeared
<3-line {>
Nays
34
Para. 94.9 [Roll No. 385]
YEAS--393
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Cunningham
[[Page 1541]]
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hansen
Harman
Hastert
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inhofe
Inslee
Istook
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCrery
McCurdy
McDade
McDermott
McHale
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Mineta
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Rangel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zimmer
NAYS--34
Allard
Archer
Armey
Burton
Coble
Crane
Crapo
Dreier
Duncan
Fawell
Grams
Hancock
Hefley
Inglis
Jacobs
Klug
Manzullo
McHugh
Miller (FL)
Minge
Paxon
Penny
Peterson (MN)
Petri
Ramstad
Royce
Schaefer
Sensenbrenner
Shays
Solomon
Stump
Taylor (NC)
Tucker
Zeliff
NOT VOTING--7
Boehner
Dellums
Herger
McCollum
Ravenel
Washington
Williams
So the conference report was agreed to.
Para. 94.10 amendments in disagreement--h.r. 4506
The House then proceeded to the consideration of the following
amendments of the Senate reported in disagreement numbered 2, 4, 6, 8,
9, 15, 16, 21, 28, 33, 35, 39, 48, and 49.
On motion of Mr. BEVILL, the House receded from its disagreement to
the amendment of the Senate numbered 2 and concurred therein with the
following amendment:
In lieu of the matter stricken and inserted by said
amendment insert:
Red River Navigation Study, Arkansas, $300,000;
Los Angeles County Water Conservation and Supply,
California, $500,000;
Norco Bluffs, California, $200,000;
Indianapolis, White River, Central Waterfront, Indiana,
$4,000,000;
Lake George, Hobart, Indiana, $200,000;
Little Calumet River Basin (Cady Marsh Ditch), Indiana,
$150,000;
Ohio River Greenway, Indiana, $500,000;
Hazard, Kentucky, $500,000;
Kentucky Lock and Dam, Kentucky, $2,000,000;
Mussers Dam, Pennsylvania, $100,000;
Hartsville, Trousdale County, Tennessee, $95,000;
West Virginia Comprehensive, West Virginia, $350,000; and
West Virginia Port Development, West Virginia, $800,000.
On motion of Mr. BEVILL, the House receded from its disagreement to
the amendment of the Senate numbered 4 and concurred therein with the
following amendment:
In lieu of the matter stricken and inserted by said
amendment, insert:
Red River Emergency Bank Protection, Arkansas and
Louisiana, $6,000,000;
Red River below Denison Dam Levee and Bank Stabilization,
Arkansas, Louisiana and Texas, $2,100,000;
West Sacramento, California, $500,000;
Sacramento River Flood Control Project (Glenn-Colusa
Irrigation District), California, $400,000;
Sacramento River Flood Control Project (Deficiency
Correction), California, $3,700,000;
San Timoteo Creek (Santa Ana River Mainstem), California,
$5,000,000;
Central and Southern Florida, Florida, $8,624,000;
Kissimmee River, Florida, $4,000,000;
Savannah Harbor Deepening, Georgia (Reimbursement),
$11,585,000, of which $2,083,000 is for a cost-shared
Savannah River recreation enhancement and public access
project along 900 linear feet of shoreline in the City of
Savannah;
Casino Beach, Illinois, $1,000,000;
Des Moines Recreational River and Greenbelt, Iowa,
$4,000,000;
Harlan (Levisa and Tug Forks of the Big Sandy River and
Upper Cumberland River), Kentucky, $20,000,000;
Middlesborough (Levisa and Tug Forks of the Big Sandy River
and Upper Cumberland River), Kentucky, $1,200,000;
Williamsburg (Levisa and Tug Forks of the Big Sandy River
and Upper Cumberland River), Kentucky, $3,000,000;
Pike County (Levisa and Tug Forks of the Big Sandy River
and Upper Cumberland River), Kentucky, $5,000,000;
Lake Pontchartrain and Vicinity (Jefferson Parish),
Louisiana, $800,000;
Lake Pontchartrain and Vicinity (Hurricane Protection),
Louisiana, $12,500,000;
Quachita River Levees, Louisiana, $4,500,000;
Ste. Genevieve, Missouri, $3,000,000;
Hackensack Meadowlands Area, New Jersey, $2,500,000;
Ramapo River at Oakland, New Jersey, $600,000;
Salem River, New Jersey, $1,000,000;
Carolina Beach and Vicinity, North Carolina, $2,800,000;
Fort Fisher and Vicinity, North Carolina, $900,000;
Broad Top Region, Pennsylvania, $1,000,000;
Lackawanna River, Olyphant, Pennsylvania, $1,100,000;
Lackawanna River, Scranton, Pennsylvania, $1,000,000;
South Central Pennsylvania Environmental Restoration
Infrastructure and Resource Protection Development Pilot
Program, Pennsylvania, $7,000,000;
Allendale Dam, Rhode Island, $67,500;
Wallisville Lake, Texas $1,000,000;
Richmond Filtration Plant, Virginia, $2,000,000;
Southern West Virginia Environmental Restoration
Infrastructure and Resource Protection Development Pilot
Program, West Virginia, $1,500,000;
Hatfield Bottom (Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River), West Virginia, $500,000;
and
Upper Mingo County (Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River), West Virginia, $250,000
On motion of Mr. BEVILL, the House receded from its disagreement to
the amendment of the Senate numbered 6 and concurred therein.
On motion of Mr. BEVILL, the House receded from its disagreement to
the amendment of the Senate numbered 8 and concurred therein with the
following amendment:
In lieu of the matter stricken and inserted by said
amendment, insert:
Tucson Diversion Channel, Arizona, $2,500,000;
Jeffersonville-Clarkville, Indiana, $750,000;
McAlpine Lock and Dam (Ohio River Locks and Dams),
Kentucky, $1,000,000;
Raystown Lake, Pennsylvania, $5,330,000; and
John H. Kerr Reservoir (Mosquito Control), Virginia and
North Carolina, $40,000
On motion of Mr. BEVILL, the House receded from its disagreement to
the amendment of the Senate numbered 9 and concurred therein.
On motion of Mr. BEVILL, the House receded from its disagreement to
the
[[Page 1542]]
amendment of the Senate numbered 15 and concurred therein.
On motion of Mr. BEVILL, the House receded from its disagreement to
the amendment of the Senate numbered 16 and concurred therein.
On motion of Mr. BEVILL, the House receded from its disagreement to
the amendment of the Senate numbered 21 and concurred therein.
On motion of Mr. BEVILL, the House receded from its disagreement to
the amendment of the Senate numbered 28 and concurred therein with the
following amendment:
In lieu of the matter inserted by said amendment, insert:
``: Provided, That the Secretary of Energy may transfer
available amounts appropriated for use by the Department of
Energy under title III of previously enacted Energy and Water
Development Appropriations Acts into the Isotope Production
and Distribution Program Fund, in order to continue isotope
production and distribution activities: Provided further,
That the authority to use these amounts appropriated is
effective from the date of enactment of this Act: Provided
further, That fees set by the Secretary for the sale of
isotopes and related services shall hereafter be determined
without regard to the provisions of Energy and Water
Development Appropriations Act (P.L. 101-101): Provided
further, That amounts provided for isotope production and
distribution in previous Energy and Water Development
Appropriations Acts shall be treated as direct appropriations
and shall be merged with funds appropriated under this
head''.
On motion of Mr. BEVILL, the House receded from its disagreement to
the amendment of the Senate numbered 33 and concurred therein.
Mr. BEVILL moved that the House recede from its disagreement to the
amendment of the Senate numbered 35 and concur therein.
After debate,
By unanimous consent, the previous question was ordered.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. LaRocco, announced that the yeas had it.
So the motion to recede and concur in the amendment of the Senate
numbered 35 was agreed to.
On motion of Mr. BEVILL, the House receded from its disagreement to
the amendment of the Senate numbered 39 and concurred therein.
On motion of Mr. BEVILL, the House receded from its disagreement to
the amendment of the Senate numbered 48 and concurred therein with the
following amendment:
In lieu of the sum stricken and inserted by said amendment,
insert $520,501,000.
On motion of Mr. BEVILL, the House receded from its disagreement to
the amendment of the Senate numbered 49 and concurred therein with the
following amendment:
In lieu of the sum stricken and inserted by said amendment,
insert $498,501,000.
A motion to reconsider the votes whereby the foregoing conference
report and motions were agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
Para. 94.11 hour of meeting
On motion of Mr. BEILENSON, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 11
o'clock a.m. on Thursday, August 11, 1994.
Para. 94.12 providing for the consideration of h.r. 4822
Mr. BEILENSON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 514):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 4822) to make certain laws applicable to the
legislative branch of the Federal Government. The first
reading of the bill shall be dispensed with. General debate
shall be confined to the bill and the amendments made in
order by this resolution and shall not exceed one hour, with
thirty minutes equally divided and controlled by the chairman
and ranking minority member of the Committee on Rules and
thirty minutes equally divided and controlled by the chairman
and ranking minority member of the Committee on House
Administration. After general debate the bill shall be
considered for amendment under the five-minute rule. In lieu
of the committee amendments now printed in the bill, it shall
be in order to consider as an original bill for the purpose
of amendment under the five-minute rule an amendment in the
nature of a substitute consisting of the text of H.R. 4892
modified by the amendments printed in part 1 of the report of
the Committee on Rules accompanying this resolution. That
amendment in the nature of a substitute shall be considered
as read. No amendment to the amendment in the nature of a
substitute shall be in order except those printed in part 2
of the report of the Committee on Rules. Each amendment may
be offered only in the order printed in the report, may be
offered only by a Member designated in the report, shall be
considered as read, shall be debatable for the time specified
in the report equally divided and controlled by the proponent
and an opponent, shall not be subject to amendment except as
specified in the report, and shall not be subject to a demand
for division of the question in the House or in the Committee
of the Whole. All points of order against amendments printed
in part 2 of the report are waived. At the conclusion of
consideration of the bill for amendment the Committee shall
rise and report the bill to the House with such amendments as
may have been adopted. Any Member may demand a separate vote
in the House on any amendment adopted in the Committee of the
Whole to the bill or to the amendment in the nature of a
substitute made in order as original text. The previous
question shall be considered as ordered on the bill and
amendments thereto to final passage without intervening
motion except one motion to recommit with or without
instructions.
When said resolution was considered.
After debate,
Mr. BEILENSON moved the previous question on the resolution to its
adoption or rejection.
The question being put, viva voce,
Will the House now order the previous question?
The SPEAKER pro tempore, Mr. SERRANO, announced that the yeas had it.
Mr. DREIER objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
247
When there appeared
<3-line {>
Nays
185
Para. 94.13 [Roll No. 386]
YEAS--247
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Condit
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
[[Page 1543]]
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--185
Abercrombie
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Brown (FL)
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Collins (MI)
Combest
Cooper
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Ford (MI)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manzullo
Mazzoli
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meek
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--2
Herger
Washington
So the previous question on the resolution was ordered.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. SERRANO, announced that the yeas had it.
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 94.14 congressional accountability
The SPEAKER pro tempore, Mr. SERRANO, pursuant to House Resolution 514
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 4822) to make certain laws applicable to the legislative branch of
the Federal Government.
The SPEAKER pro tempore, Mr. SERRANO, by unanimous consent, designated
Mr. INSLEE as Chairman of the Committee of the Whole; and after some
time spent therein,
Para. 94.15 call in committee
Mr. INSLEE, Chairman, announced that the Committee, having had under
consideration said bill, finding itself without a quorum, directed the
Members to record their presence by electronic device, and the
following-named Members responded--
Para. 94.16 [Roll No. 387]
ANSWERED ``PRESENT''--428
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Faleomavaega (AS)
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moorhead
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
Thereupon, Mr. INSLEE, Chairman, announced that 428 Members had been
recorded, a quorum.
The Committee resumed its business.
Para. 94.17 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Ms. BYRNE:
Page 7, line 25, insert before the period the following:
``or, to the extent that it relates to any standard benefits
package approved as part of the national health care reform
enacted by Congress in the 103d Congress, apply to Members of
Congress, as defined in section 2106 of title 5, United
States Code, in accordance with this Act''.
Yeas
374
It was decided in the
Nays
57
<3-line {>
affirmative
Answered present
3
Para. 94.18 [Roll No. 388]
AYES--374
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
[[Page 1544]]
Baesler
Baker (CA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Blute
Boehlert
Boehner
Bonilla
Bonior
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Faleomavaega (AS)
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Foglietta
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Harman
Hastert
Hayes
Hefley
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnson, Sam
Johnston
Kanjorski
Kasich
Kennedy
Kennelly
Kildee
Kim
Kingston
Kleczka
Klein
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manzullo
Margolies-Mezvinsky
Markey
Matsui
Mazzoli
McCrery
McCurdy
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meehan
Menendez
Meyers
Mfume
Mica
Miller (CA)
Miller (FL)
Mineta
Minge
Moakley
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Unsoeld
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Zeliff
Zimmer
NOES--57
Abercrombie
Ackerman
Baker (LA)
Barton
Bateman
Bliley
Borski
Clay
Clayton
Collins (IL)
Collins (MI)
Crane
de Lugo (VI)
DeLay
Edwards (CA)
Flake
Ford (MI)
Fowler
Gingrich
Gonzalez
Grandy
Hansen
Hastings
Houghton
Hyde
King
Klink
Lewis (CA)
Lewis (FL)
Manton
Martinez
McCandless
McCloskey
McCollum
McDade
McMillan
Meek
Michel
Mink
Murtha
Oxley
Packard
Romero-Barcelo (PR)
Rose
Rostenkowski
Roybal-Allard
Serrano
Smith (OR)
Swift
Thomas (CA)
Tucker
Underwood (GU)
Watt
Waxman
Yates
Young (AK)
Young (FL)
ANSWERED ``PRESENT''--3
Brown (FL)
Kaptur
Norton (DC)
NOT VOTING--5
Herger
Molinari
Obey
Valentine
Washington
So the amendment was agreed to.
After some further time,
Para. 94.19 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. FINGERHUT to the
amendment submitted by Mr. BEILENSON:
Amendment submitted by Mr. FINGERHUT:
In paragraph 4(b)(2) proposed to be inserted by the
amendment, amend subparagraph (B) to read as follows:
``(B) Office.--The executive director may not be an
individual who holds or has held the position of Member of
the House of Representatives or Senator or the position of
employee of the House of Representatives or the Senate, or
who engages in, or is otherwise employed in, lobbying of the
Congress and is required under the Federal Regulation of
Lobbying Act to register with the Clerk of the House of
Representatives or the Secretary of the Senate.''.
Amendment submitted by Mr. BEILENSON:
Page 8, strike out line 22 and all that follows through
line 7 on page 9 and insert the following:
(2) Executive director.--
(A) In general.--The Chairperson of the Board of Directors
shall appoint, may establish the compensation of, and may
terminate, subject to the approval of the Board of Directors,
an Executive Director (referred to in this Act as the
``executive director''). The compensation of the executive
director may not exceed the compensation for level V of the
Executive Schedule under section 5316 of title 5, United
States Code. The executive director shall be an individual
with training or expertise in the application of the laws
referred to in section 3 to employment. The appointment of
the first executive director shall be completed no later than
120 days after the initial appointment of the Board of
Directors.
(B) Office.--The executive director may not be an
individual who holds or may have held the position of Member
of the House of Representatives or Senator. The executive
director may not be an individual who holds the position of
employee of the House of Representatives or the Senate but
the executive director may be an individual who held such a
position at least 4 years before appointment as executive
director.
Page 9, strike lines 9 through 14, in line 15 on page 9
strike ``(2)'' and insert ``(1)'', and redesignate paragraphs
(2), (3), and (4) as paragraphs (1), (2), and (3),
respectively.
Page 9, strike line 24 and all that follows through line 4
on page 10 and insert the following:
(B) Office.--No member of the Board of Directors appointed
under subsection (b)(1) may hold or may have held the
position of Member of the House of Representatives or
Senator, may hold the position of employee of the House of
Representatives or Senate, or may have held such a position
within 4 years of the date of appointment.
Page 12, strike line 22 and insert ``the first executive
director''.
It was decided in the
Yeas
216
<3-line {>
negative
Nays
220
Para. 94.20 [Roll No. 389]
AYES--216
Allard
Andrews (NJ)
Andrews (TX)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baker (CA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Becerra
Bereuter
Bilbray
Bliley
Blute
Browder
Brown (OH)
Bryant
Bunning
Byrne
Calvert
Camp
Canady
Cantwell
Carr
Castle
Clement
Clinger
Coble
Collins (GA)
Combest
Cooper
Coppersmith
Cox
Crapo
Cunningham
Danner
de la Garza
Deal
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Eshoo
Everett
Ewing
Farr
Fawell
Fields (TX)
Fingerhut
Fish
Fowler
Franks (CT)
Franks (NJ)
Furse
Gallegly
Gallo
Gekas
Gibbons
Gilchrest
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Gunderson
Gutierrez
Hall (TX)
Hamilton
Harman
Hastert
Hayes
Hoekstra
Holden
Houghton
Huffington
Hutchinson
Hutto
Inglis
Inhofe
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson, Sam
Kasich
Kildee
Kim
Kingston
Kleczka
Klein
Klug
Kolbe
Kreidler
Kyl
Lambert
Lancaster
Lantos
Lazio
Leach
Levin
Levy
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Long
Lowey
Lucas
Machtley
Maloney
Manzullo
Margolies-Mezvinsky
McCandless
McCollum
McCurdy
McHale
McHugh
McInnis
McKeon
Meehan
Menendez
Meyers
Mica
Miller (FL)
Minge
Montgomery
Moorhead
Nadler
Norton (DC)
Nussle
Orton
Pallone
Parker
Paxon
Penny
Peterson (MN)
Petri
Pombo
Porter
Portman
[[Page 1545]]
Poshard
Price (NC)
Pryce (OH)
Quinn
Ramstad
Ravenel
Richardson
Ridge
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schenk
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Shepherd
Shuster
Sisisky
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Strickland
Stupak
Sundquist
Swett
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thurman
Torkildsen
Traficant
Tucker
Unsoeld
Upton
Walker
Weldon
Wolf
Wyden
Zeliff
Zimmer
NOES--220
Abercrombie
Ackerman
Andrews (ME)
Applegate
Baesler
Baker (LA)
Barton
Bateman
Beilenson
Bentley
Berman
Bevill
Bilirakis
Bishop
Blackwell
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Brown (CA)
Brown (FL)
Burton
Buyer
Callahan
Cardin
Chapman
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Crane
Darden
de Lugo (VI)
DeFazio
Dellums
Derrick
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Emerson
Engel
English
Evans
Faleomavaega (AS)
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Gejdenson
Gephardt
Geren
Gillmor
Glickman
Gonzalez
Gordon
Green
Greenwood
Hall (OH)
Hamburg
Hancock
Hansen
Hastings
Hefley
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoke
Horn
Hoyer
Hughes
Hunter
Hyde
Inslee
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
King
Klink
Knollenberg
Kopetski
LaFalce
LaRocco
Laughlin
Lehman
Lewis (CA)
Lewis (GA)
Lipinski
Lloyd
Mann
Manton
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCrery
McDade
McDermott
McKinney
McMillan
McNulty
Meek
Mfume
Michel
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Moran
Morella
Murphy
Murtha
Myers
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Owens
Oxley
Packard
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pickle
Pomeroy
Quillen
Rahall
Rangel
Reed
Regula
Reynolds
Roberts
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schumer
Scott
Serrano
Sharp
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (OR)
Stark
Stokes
Studds
Stump
Swift
Synar
Tanner
Tauzin
Tejeda
Thomas (WY)
Thompson
Thornton
Torres
Torricelli
Towns
Underwood (GU)
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
NOT VOTING--3
Herger
Molinari
Washington
So the amendment to the amendment was not agreed to.
After some further time,
The SPEAKER resumed the Chair.
When Mr. MURTHA, Acting Chairman, pursuant to House Resolution 514,
reported the bill back to the House with an amendment adopted by the
Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Accountability
Act''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Congressional employee.--The term ``congressional
employee'' means--
(A) an individual on the payroll of an employing office of
the House of Representatives;
(B) an individual on the payroll of an employing office of
the Senate;
(C) an individual on the payroll of an employing office of
the Architect of the Capitol; and
(D) an individual on the payroll of an employing office of
an instrumentality.
(2) Employee in the house of representatives.--The term
``individual on the payroll of an employing office in the
House of Representatives'' means--
(A) an individual who is covered under rule LI of the House
of Representatives, as in effect on the day before the date
of enactment of this Act;
(B) any applicant for a position that is to be occupied by
an individual described in subparagraph (A); or
(C) any individual who was formerly an employee described
in subparagraph (A) and whose claim of a violation arises out
of the individual's employment.
(3) Employee in the senate.--The term ``individual on the
payroll of an employing office in the Senate'' means--
(A) any employee whose pay is disbursed by the Secretary of
the Senate;
(B) any applicant for a position that is to be occupied by
an individual described in subparagraph (A)); or
(C) any individual who was formerly an employee described
in subparagraph (A) and whose claim of a violation arises out
of the individual's employment.
(4) Employee of the architect of the capitol.--The term
``individual on the payroll of an employing office of the
Architect of the Capitol'' means--
(A) an employee of the Architect of the Capitol or an
individual within the administrative jurisdiction of the
Architect of the Capitol if such employee or individual is
paid from funds under a law providing appropriations for the
legislative branch;
(B) any applicant for a position that is to be occupied by
an employee or individual described in subparagraph (A); or
(C) any individual who was formerly an employee or
individual described in subparagraph (A) and whose claim of a
violation arises out of the individual's employment.
(5) Employee of an instrumentality.--The term ``individual
on the payroll of an employing office of an instrumentality''
means--
(A) any individual on the payroll of an instrumentality of
the legislative branch of the Federal Government;
(B) any applicant for a position that is to be occupied by
an individual described in subparagraph (A); or
(C) any individual who was formerly an employee described
in subparagraph (A) and whose claim of a violation arises out
of the individual's instrumentality employment.
(6) Head of an employing office.--The term ``head of an
employing office'' means the individual who has final
authority to appoint, hire, discharge, and set the terms,
conditions, or privileges of the Congressional employment of
an employee.
SEC. 3. APPLICATION OF LAWS.
(a) Laws Which Will Apply.--The following laws shall apply,
as prescribed by this subsection, to the legislative branch
of the Federal Government:
(1) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.), effective on the earlier of the effective date of
applicable regulations of the Office of Compliance under
section 5 or 1 year after the date of the enactment of this
Act.
(2) Title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.), effective on the earlier of the effective
date of applicable regulations of the Office of Compliance
under section 5 or 1 year after the date of the enactment of
this Act.
(3) The Americans With Disabilities Act of 1990 (42 U.S.C.
12101 et seq.), effective on the earlier of the effective
date of applicable regulations of the Office of Compliance
under section 5 or 1 year after the date of the enactment of
this Act.
(4) The Age Discrimination in Employment Act of 1967 (29
U.S.C. 621 et seq.) (including remedies available to private
employees), effective on the earlier of the effective date of
applicable regulations of the Office of Compliance under
section 5 or 1 year after the date of the enactment of this
Act.
(5) Titles I and V of the Family and Medical Leave Act of
1993 (29 U.S.C. 2611 et seq.), effective on the earlier of
the effective date of applicable regulations of the Office of
Compliance under section 5 or 1 year after the date of the
enactment of this Act.
(6) The Occupational Safety and Health Act of 1970 (other
than section 19) (29 U.S.C. 651 et seq.) (subject to
subsection (c)), effective on the earlier of the effective
date of applicable regulations of the Office of Compliance
under section 5 or 2 years after the date of the enactment of
this Act.
(7) Chapter 71 (relating to Federal labor management
relations) of title 5, United States Code, effective on the
earlier of the effective date of applicable regulations of
the Office of Compliance under section 5 or 2 years after the
date of the enactment of this Act.
(8) The Employee Polygraph Protection Act of 1988 (29
U.S.C. 2001 et seq.), effective on the earlier of the
effective date of applicable regulations of the Office of
Compliance under section 5 or 1 year after the date of the
enactment of this Act, except that this Act shall not apply
to the United States Capitol Police.
(9) The Worker Adjustment and Retraining Notification Act
(29 U.S.C. 2101 et seq.), effective on the earlier of the
effective date of applicable regulations of the Office of
Compliance under section 5 or 1 year after the date of the
enactment of this Act.
(10) The Rehabilitation Act of 1973 (29 U.S.C. 791),
effective on the earlier of the effective date of applicable
regulations of the Office of Compliance under section 5 or 1
year after the date of the enactment of this Act.
The laws referred to in this subsection which apply now to
congressional employees shall continue to apply to such
employees until the effective date such laws are made
applicable in accordance with this subsection.
[[Page 1546]]
(b) Laws Which May Be Made Applicable.--Any provision of
Federal law shall, to the extent that it relates to the terms
and conditions of employment (including hiring, promotion or
demotion, salary and wages, overtime compensation, benefits,
work assignments or reassignments, termination, protection
from discrimination in personnel actions, health and safety
of employees, and family and medical leave) of employees
apply to the legislative branch of the Federal Government in
accordance with this Act or, to the extent that it relates to
any standard benefits package approved as part of the
national health care reform enacted by Congress in the 103d
Congress, apply to Members of Congress, as defined in section
2106 of title 5, United States Code, in accordance with this
Act.
(c) Compliance With OSHA.--The legislative branch of the
Federal Government shall comply with the Occupational Safety
and Health Act of 1970 as follows: If a citation of a
violation of such Act is received, action to abate the
violation shall take place as soon as possible, but no later
than the fiscal year following the fiscal year in which the
citation is issued.
SEC. 4. OFFICE OF COMPLIANCE.
(a) Establishment.--There is established in the legislative
branch an Office of Compliance (hereinafter in this Act
referred to as the ``Office'').
(b) Composition.--
(1) Board of directors.--The Office shall have a Board of
Directors. The Board of Directors shall consist of 8
individuals appointed jointly by the Speaker of the House of
Representatives, the Majority Leader of the Senate, and the
Minority Leaders of the House of Representatives and the
Senate. Appointments of the first 8 members of the Board of
Directors shall be completed not later than 120 days after
the date of the enactment of this Act.
(2) Executive director.--
(A) In general.--The Chairperson of the Board of Directors
shall appoint, may establish the compensation of, and may
terminate, subject to the approval of the Board of Directors,
an Executive Director (referred to in this Act as the
``executive director''). The compensation of the executive
director may not exceed the compensation for level V of the
Executive Schedule under section 5316 of title 5, United
States Code. The executive director shall be an individual
with training or expertise in the application of the laws
referred to in section 3 to employment. The appointment of
the first executive director shall be completed no later than
120 days after the initial appointment of the Board of
Directors.
(B) Office.--The executive director may not be an
individual who holds or may have held the position of Member
of the House of Representatives or Senator. The executive
director may not be an individual who holds the position of
employee of the House of Representatives or the Senate but
the executive director may be an individual who held such a
position at least 4 years before appointment as executive
director. The term of office of the executive director shall
be a single term of 5 years.
(c) Board of Directors Qualifications.--
(1) Specific qualifications.--
(A) Lobbying.--No individual who engages in, or is
otherwise employed in, lobbying of the Congress and who is
required under the Federal Regulation of Lobbying Act to
register with the Clerk of the House of Representatives or
the Secretary of the Senate shall be considered eligible for
appointment to, or service on, the Board of Directors.
(B) Office.--No member of the Board of Directors appointed
under subsection (b)(1) may hold or may have held the
position of Member of the House of Representatives or
Senator, may hold the position of employee of the House of
Representatives or Senate, or may have held such a position
within 4 years of the date of appointment.
(2) Holding office.--If during a term of office a member of
the Board of Directors engages in an activity described in
paragraph (2)(A), such position shall be declared vacant and
a successor shall be selected in accordance with subsection
(b)(1).
(3) Vacancies.--A vacancy in the Board of Directors shall
be filled in the manner in which the original appointment was
made.
(d) Board of Directors Term of Office.--
(1) In general.--Except as provided in paragraph (2),
membership on the Board of Directors shall be for 5 years. A
member shall only be eligible for appointment for a single
term of office.
(2) First appointments.--Of the members first appointed to
the Board of Directors--
(A) 2 shall have a term of office of 2 years,
(B) 2 shall have a term of office of 3 years,
(C) 2 shall have a term of office of 4 years, and
(D) 2 shall have a term of office of 5 years,
as designated at the time of appointment by the persons
specified in subsection (b)(1).
(3) Removal.--Any member of the Board of Directors may be
removed from office by a majority decision of the appointing
authorities described in subsection (b)(1) and only for--
(A) disability that substantially prevents the member from
carrying out the duties of the member,
(B) incompetence,
(C) neglect of duty,
(D) malfeasance, or
(E) a felony or conduct involving moral turpitude.
(e) Chairperson.--The Chairperson of the Board of Directors
shall be appointed from the members of the Board of Directors
by the members of the Board.
(f) Compensation of Members.--
(1) Per diem.--Each member of the Board of Directors shall
be compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level V of the
Executive Schedule under section 5316 of title 5, United
States Code, for each day (including travel time) during
which such member is engaged in the performance of the duties
of the Board.
(2) Travel expenses.--Each member of the Board of
Directors shall receive travel expenses, including per diem
in lieu of subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5, United
States Code, for each day the member is engaged in the
performance of duties away from the home or regular place of
business of the member.
(g) Office Staff.--The executive director may appoint and
fix the compensation of such staff, including hearing
officers, as are necessary to carry out this Act.
(h) Detailees.--The executive director may, with the prior
consent of the Government department or agency concerned, use
the services of any such department or agency, including the
services of members or personnel of the General Accounting
Office Personnel Appeals Board.
(i) Consultants.--In carrying out this Act, the executive
director may procure the temporary (not to exceed 1 year) or
intermittent services of individual consultants or
organizations thereof.
SEC. 5. STUDY AND REGULATIONS.
(a) Initial Action.--
(1) In general.--The Board of Directors shall conduct a
study of the manner in which the laws made applicable to the
legislative branch of the Federal Government under section
3(a) should apply. The Board of Directors shall complete such
study and report the results to Congress not later than 180
days after the date of the first appointment of the first
executive director.
(2) Instrumentalities.--The Board of Directors shall
include in its study under paragraph (1) an examination of
the procedures used by the instrumentalities to enforce the
application of laws applicable to the legislative branch of
the Federal Government and a determination as to whether to
direct the instrumentality to make improvements in its
regulations and procedures so as to assure that procedures as
effective as the procedures set forth in sections 7 through
12 will apply. If the instrumentality has no such regulations
and procedures, the Board may direct the instrumentality to
adopt the requisite regulations and procedures, or, if deemed
necessary, in lieu thereof may itself adopt regulations
pursuant to this section or authorize use of the procedures
pursuant to sections 7 through 12.
(b) Continuing Action.--On an ongoing basis the Board of
Directors--
(1) shall determine which of the laws referred to in
section 3(b) should apply to the legislative branch of the
Federal Government and if it should, the manner in which it
should be made applicable;
(2) shall study the application to the legislative branch
of the Federal Government of provisions of Federal law
referred to in section 3 that are enacted after the date of
the enactment of this Act;
(3) may propose regulations with respect to such
application in accordance with subsection (c); and
(4) may review the regulations in effect under subsection
(e)(1) and make such amendments as may be appropriate in
accordance with subsection (c).
(c) Regulations.--
(1) Laws made applicable.--
(A) General rule.--Not later than 180 days after the date
of the completion of the study under subsection (a), the
Board of Directors shall, in accordance with section 553 of
title 5, United States Code, propose regulations to implement
the requirements of the laws made applicable to the
legislative branch of the Federal Government under section
3(a). The Board of Directors shall provide a period of at
least 30 days for comment on the proposed regulations.
(B) Congressional notice.-- In addition to publishing a
general notice of proposed rulemaking under section 553(b) of
title 5, United States Code, the Board of Directors shall
concurrently submit such notice for publication in the
Congressional Record.
(C) Amendments and repeals.--When proposing regulations
under subparagraph (A) to implement the requirements of a law
referred to in section 3(a), the Board of Directors shall
recommend to the Congress changes in or repeals of existing
law to accommodate the application of such law to the
legislative branch of the Federal Government.
(D) Final regulations.--The Board of Directors shall, in
accordance with such section 553, issue final regulations not
later than 60 days after the end of the comment period on the
proposed regulations.
(2) Continuing action.--
(A) General rule.--Not later than 180 days after the date
of the completion of the study or a determination under
subsection (b), the Board of Directors shall, in accordance
with section 553 of title 5, United States Code, propose
regulations that specify which of the provisions of Federal
law considered in such study shall apply to the legislative
branch of the Federal Government. The Board of Directors
shall provide a period of at least 30 days for comment on the
proposed regulations.
[[Page 1547]]
(B) Congressional notice.-- In addition to publishing a
general notice of proposed rulemaking under section 553(b) of
title 5, United States Code, the Board of Directors shall
concurrently submit such notice for publication in the
Congressional Record.
(C) Amendments and repeals.--When proposing regulations
under subparagraph (A) specifying which of the provisions of
Federal law referred to in section 3(b) shall apply to the
legislative branch of the Federal Government, the Board of
Directors shall recommend to the Congress changes in or
repeals of existing law to accommodate the application of
such law to the legislative branch of the Federal Government.
(D) Final regulations.-- The Board of Directors shall, in
accordance with such section 553, issue final regulations not
later than 60 days after the end of the comment period on the
proposed regulations.
(3) Regulation requirements.--Regulations under paragraphs
(1) and (2) shall be consistent with the regulations issued
by an agency of the executive branch of the Federal
Government under the provision of law made applicable to the
legislative branch of the Federal Government, including
portions relating to remedies.
(4) Action if disapproval.--If a regulation is disapproved
by a concurrent resolution considered under subsection (e),
not later than 60 days after the date of the disapproval, the
Board of Directors shall propose a new regulation to replace
the regulation disapproved. The action of the Board of
Directors under this paragraph shall be in accordance with
the applicable requirements of this subsection.
(d) Transmittal.--A final regulation issued under
subsection (c) shall be transmitted to the Congress for
consideration under subsection (e).
(e) Taking Effect of Regulations.--
(1) General rule.--Subject to subsection (f), a final
regulation which is issued under subsection (c) shall take
effect upon the expiration of 60 days from the date the final
regulation is issued unless disapproved by the Congress by
concurrent resolution.
(2) Concurrent resolution.--A concurrent resolution
referred to in paragraph (1) may be introduced in the House
of Representatives or the Senate within 5 days of session
after the date on which the Board of Directors issues the
final regulation to which the concurrent resolution applies.
The matter after the resolving clause of the resolution shall
be as follows: ``That Congress disapproves the issuance of
final regulations of the Office of Compliance as issued on
____________ (the blank space being appropriately filled
in).''.
(3) Procedure.--A concurrent resolution referred to in
paragraph (1) shall be referred to the appropriate committee
of the House involved. If no concurrent resolution is
reported within 15 days of session after the Board of
Directors issues final regulations under subsection (c)(1)(D)
or (c)(2)(D), the committee to which the concurrent
resolution was referred shall be discharged from further
consideration of the first such concurrent resolution
introduced and the concurrent resolution shall be placed on
the appropriate calendar of the House involved. Any meeting
of a committee on a concurrent resolution shall be open to
the public. Within 5 days of session after the concurrent
resolution is reported or discharged, it shall be in order as
a matter of highest privilege to move to proceed to its
consideration and such motion shall not be debatable. The
concurrent resolution shall be debatable for not to exceed 4
hours equally divided between proponents and opponents and it
shall not be subject to amendment. If, prior to the adoption
of a concurrent resolution by one House, that House receives
a concurrent resolution of the other House with respect to
the same regulations, then the procedure in that House shall
be the same as if no concurrent resolution had been received
from the other House, but vote on final adoption shall be on
the concurrent resolution of the other House. If a concurrent
resolution is received by a House in which no identical
concurrent resolution has been introduced, it shall be
referred to the appropriate committee and the same procedures
and 20-day period for action shall apply to the consideration
of the concurrent resolution by that House as would apply to
an introduced concurrent resolution.
(f) Rulemaking Power.--The provisions of subsection (e) of
this section are enacted by the Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such
they shall be considered as part of the rules of each House,
respectively, or of that House to which they specifically
apply, and such rules shall supersede other rules only to the
extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change such rules (so far as relating to such
House) at any time, in the same manner, and to the same
extent as in the case of any other rule of such House.
(g) Open to the Public.--Any meeting of the Board of
Directors held in connection with a study under subsection
(a) or (b) shall be open to the public. Any meeting of the
Board of Directors in connection with a regulation under
subsection (c) shall be open to the public.
SEC. 6. OTHER FUNCTIONS.
(a) Rules of the Office.--The executive director shall
adopt rules governing the procedures of the Office, subject
to the approval of the Board of Directors, including the
procedures of hearing boards, which shall be submitted for
publication in the Congressional Record. The rules may be
amended in the same manner. The executive director may
consult with the Chairman of the Administrative Conference of
the United States, the Legal Counsel of the Senate, and the
General Counsel of the House of Representatives on the
adoption of rules.
(b) Investigative Authority.--The executive director shall
have authority to conduct such investigations as the
executive director requires to implement sections 8 through
10 and section 12.
(c) Duties.--The Office shall--
(1) carry out a program of education for Members of
Congress and other employing authorities of the legislative
branch of the Federal Government respecting the laws made
applicable to them and a program to inform individuals of
their rights under laws applicable to the legislative branch
of the Federal Government and under sections 7 through 12,
(2) in carrying out the program under paragraph (1),
distribute the telephone number and address of the Office,
procedures for action under sections 7 through 12, and any
other information the executive director deems appropriate
for distribution, distribute such information to Members of
Congress and other employing authorities of the legislative
branch of the Federal Government in a manner suitable for
posting, provide such information to new employees of the
legislative branch of the Federal Government, distribute such
information to the residences of congressional employees, and
conduct seminars and other activities designed to educate
employers and employees in such information,
(3) compile and publish statistics on the use of the Office
by congressional employees, including the number and type of
contacts made with the Office, on the reason for such
contacts, on the number of employees who initiated
proceedings with the Office under sections 7 through 12 and
the result of such proceedings, and on the number of
employees who filed a complaint under section 10, the basis
for the complaint, and the action taken on the complaint, and
(4) within 180 days of the initial appointment of the
executive director and in conjunction with the Clerk of the
House of Representatives and the Secretary of the Senate,
develop a system for the collection of demographic data
respecting the composition of the congressional employees,
including race, sex, and wages, and a system for the
collection of information on employment practices, including
family leave and flexible work hours, in Congressional
offices.
(d) Report.--Within one year of the date the system
referred to in subsection (c)(4) is developed and annually
thereafter, the Board of Directors shall submit to Congress a
report on the information collected under such system. Each
report after the first report shall contain a comparison and
evaluation of data contained in the previous report.
SEC. 7. PROCEDURE FOR CONSIDERATION OF ALLEGED VIOLATIONS.
The procedure for consideration of alleged violations of
laws made applicable to the legislative branch of the Federal
Government under this Act consists of 4 steps as follows:
(1) Step I, counseling, as set forth in section 8.
(2) Step II, mediation, as set forth in section 9.
(3) Step III, formal complaint and hearing by a hearing
board, as set forth in section 10.
(4) Step IV, judicial review if a congressional employee is
aggrieved by a dismissal of a claim under section 10(c), a
final decision under section 10(g), or an order under section
10(h) or if a head of an employing office is aggrieved by a
final decision under section 10(g) or would be subject to an
order issued under section 10(h).
(5) Step V, as an alternative to steps III and IV, a civil
action in a district court of the United States in accordance
with section 12.
A congressional employee may elect the procedure described in
paragraph (3) or (5) but not both procedures.
SEC. 8. STEP I: COUNSELING.
(a) In General.--A congressional employee alleging a
violation of a law made applicable to the legislative branch
of the Federal Government under this Act may request
counseling through the Office. The Office shall provide the
employee with all relevant information with respect to the
rights of the employee. A request for counseling shall be
made not later than 180 days after the alleged violation
forming the basis of the request for counseling occurred.
(b) Period of Counseling.--The period for counseling shall
be 30 days unless the employee and the Office agree to reduce
the period. The period shall begin on the date the request
for counseling is received.
SEC. 9. STEP II: MEDIATION.
(a) In General.--Not later than 15 days after the end of
the counseling period under section 8, the employee who
alleged a violation of a law made applicable to the
legislative branch of the Federal Government under this Act
may file a request for mediation with the Office. Mediation--
(1) may include the Office, the employee, the employing
office, and individuals who are recommended by organizations
composed primarily of individuals experienced in adjudicating
or arbitrating personnel matters, and
(2) shall be a process involving meetings with the parties
separately or jointly for the
[[Page 1548]]
purpose of resolving the dispute between the employee and the
employing office.
(b) Mediation Period.--The mediation period shall be 30
days beginning on the date the request for mediation is
received and may be extended for an additional 30 days at the
discretion of the Office. The Office shall notify the
employee and the head of the employing office when the
mediation period has ended.
SEC. 10. STEP III: FORMAL COMPLAINT AND HEARING.
(a) Formal Complaint and Request for Hearing.--Not later
than 30 days after receipt by the congressional employee of
notice from the Office of the end of the mediation period
under section 9, the congressional employee may file a formal
complaint with the Office against the head of the employing
office involved. No complaint may be filed unless the
employee has made a timely request for counseling and has
completed the procedures set forth in sections 8 and 9.
(b) Hearing Board.--A board of 3 independent hearing
officers (hereinafter in this Act referred to as a ``hearing
board''), who are not Members of the House of
Representatives, Senators, or officers or employees of the
House of Representatives or Senate, chosen by the executive
director (one of whom shall be designated by the executive
director as the presiding hearing officer) shall be assigned
to consider each complaint filed under subsection (a). The
executive director shall appoint hearing officers from
candidates who are recommended by the Federal Mediation and
Conciliation Service or the Administrative Conference of the
United States. A hearing board shall act by majority vote.
(c) Dismissal of Frivolous Claims.--Prior to a hearing
under subsection (d), a hearing board may dismiss any claim
that it finds to be frivolous.
(d) Hearing.--A hearing shall be conducted--
(1) in closed session on the record by a hearing board; and
(2) no later than 30 days after filing of the complaint
under subsection (a), except that the Office may, for good
cause, extend up to an additional 60 days the time for
conducting a hearing.
(e) Discovery.--Reasonable prehearing discovery may be
permitted at the discretion of the hearing board.
(f) Subpoena Power.--
(1) In general.--A hearing board may authorize subpoenas,
which shall be issued by the presiding hearing officer on
behalf of the hearing board for the attendance of witnesses
at proceedings of the hearing board and for the production of
correspondence, books, papers, documents, and other records.
The attendance of witnesses and the production of evidence
may be required from any place within the United States.
(2) Failure to obey a subpoena.--If a person refuses to
obey a subpoena issued under paragraph (1), the hearing board
may apply to a United States district court for an order
requiring that person to appear before the hearing board to
give testimony, produce evidence, or both, relating to the
matter under investigation. The application may be made
within the judicial district where the hearing is conducted
or where that person is found, resides, or transacts
business. Any failure to obey the order of the court may be
punished by the court as civil contempt.
(3) Service of subpoenas.--The subpoenas of the hearing
board shall be served in the manner provided for subpoenas
issued by a United States district court under the Federal
Rules of Civil Procedure for the United States district
courts.
(4) Service of process.--All process of any court to which
application is to be made under paragraph (2) may be served
in the judicial district in which the person required to be
served resides or may be found.
(5) Immunity.--The hearing board is an agency of the United
States for the purpose of part V of title 18, United States
Code (relating to immunity of witnesses).
(g) Hearing Board Decision.--As expeditiously as possible,
but in no case more than 45 days after the conclusion of the
hearing, the hearing board shall make a decision in the
matter for which the hearing was held. The decision of the
hearing board shall be transmitted by the Office to the
employee and the employing office. The decision shall state
the issues raised by the complaint, describe the evidence in
the record, and contain a determination as to whether a
violation of a law made applicable to the legislative branch
of the Federal Government under this Act has occurred. Any
decision of the hearing board shall contain a written
statement of the reasons for the hearing board's decision. A
final decision of the hearing board shall be made available
to the public by the Office.
(h) Remedy Order.--If the decision of the hearing board
under subsection (g) is that a violation of a law made
applicable to the legislative branch of the Federal
Government under this Act, it shall order the remedies under
such law as made applicable to the legislative branch of the
Federal Government under this Act, except that no Member of
the House of Representatives, Senator, any other head of an
employing office, or agent of such a Member or Senator, shall
be personally liable for the payment of compensation. The
hearing board shall have no authority to award punitive
damages. The entry of an order under this subsection shall
constitute a final decision for purposes of judicial review
under section 11.
(i) Funds.--There shall be established in the House of
Representatives and in the Senate a fund from which
compensation (including attorney's fees) may be paid in
accordance with an order under subsection (h) or as a result
of judicial review under section 11 or a civil action under
section 12. From the outset of any proceeding in which
compensation may be paid from a fund of the House of
Representatives, the General Counsel of the House of
Representatives may provide the respondent with
representation.
SEC. 11. JUDICIAL REVIEW.
(a) In General.--
(1) Types of review.--Following any hearing under section
10 on a complaint relating to a provision of law described in
section 3, any congressional employee aggrieved by a
dismissal of a claim under section 10(c), a final decision
under section 10(g), a final order under section 10(h), or
any head of an employing office aggrieved by a final decision
under section 10(g) or a final order under section 10(h), may
petition for review by the United States Court of Appeals for
the Federal Circuit in accordance with paragraph (2).
(2) Provisions applicable to review.--The following
provisions apply to a review under paragraph (1):
(A) Law applicable.--Chapter 158 of title 28, United States
Code, shall apply--
(i) with respect to section 2344 of title 28, United States
Code, service of the petition shall be on the House or Senate
Legal Counsel, or the appropriate entity of an
instrumentality, as the case may be, rather than on the
Attorney General;
(ii) the provisions of section 2348 of title 28, United
States Code, on the authority of the Attorney General, shall
not apply;
(iii) the petition for review shall be filed not later than
90 days after the entry in the Office of a final decision
under section 10(g), an order under section 10(h); and
(iv) the Office shall be an ``agency'' as that term is used
in chapter 158 of title 28, United States Code.
(B) Standard of review.--To the extent necessary for
decision and when presented, the court shall decide all
relevant questions of law and interpret constitutional and
statutory provisions. The court shall set aside a dismissal
under section 10(c), a final decision under section 10(g), or
an order under section 10(h) if it is determined that the
dismissal, decision, or order was--
(i) arbitrary, capricious, an abuse of discretion, or
otherwise not consistent with law;
(ii) not made consistent with required procedures; or
(iii) unsupported by substantial evidence.
(C) Record.--In making determinations under subparagraph
(B), the court shall review the whole record, or those parts
of it cited by a party, and due account shall be taken of the
rule of prejudicial error. The record on review shall include
the record before the hearing board, the decision of the
hearing board, and the order of the hearing board.
(b) Attorney's Fees.--If a congressional employee is the
prevailing party in a proceeding under this section,
attorney's fees for the judicial proceeding may be allowed by
the court in accordance with the standards prescribed under
section 706(k) of the Civil Rights Act of 1964 (42 U.S.C.
2000e-5(k)).
SEC. 12. CIVIL ACTION.
(a) In General.--
(1) Civil action.--A congressional employee may within 30
days after receipt of notice from the Office of the end of
the mediation period under section 9 for a violation of a law
made applicable to the legislative branch of the Federal
Government bring a civil action in a district court of the
United States seeking relief from the alleged violation of
law if such a civil action is available under such law. In
any such civil action, any party may demand a jury trial.
(2) Exhaustion requirement.--No civil action may be filed
under paragraph (1) unless the employee has made a timely
request for counseling and has completed the procedures set
forth in sections 8 and 9.
(3) Court order.--If a court determines that a violation of
law occurred, the court may only enter an order described in
section 10(h).
(b) Attorney's Fees.--If a congressional employee is the
prevailing party in a proceeding under this section,
attorney's fees may be allowed by the court in accordance
with any standards prescribed under Federal law for the award
of such fees in the event of a violation of such provision.
SEC. 13. RESOLUTION OF COMPLAINT.
If, after a formal complaint is filed under section 10, the
employee and the head of the employing office resolve the
issues involved, the employee may withdraw the complaint or
the parties may enter into a written agreement, subject to
the approval of the executive director.
SEC. 14. PROHIBITION OF INTIMIDATION.
Any intimidation of, or reprisal against, any employee by
any Member of the House of Representatives, Senator, or
officer or employee of the House of Representatives or
Senate, by the Architect of the Capitol or anyone employed by
the Architect of the Capitol, or by an instrumentality of the
legislative branch of the Federal Government because of the
exercise of a right under this Act constitutes an unlawful
employment practice, which may be remedied in the same manner
under this Act as is a violation of a law made applicable to
the legislative branch of the Federal Government under this
Act.
SEC. 15. CONFIDENTIALITY.
(a) Counseling.--All counseling shall be strictly
confidential except that the Office
[[Page 1549]]
and the employee may agree to notify the head of the
employing office of the allegations.
(b) Mediation.--All mediation shall be strictly
confidential.
(c) Hearings.--Except as provided in subsections (d) and
(e), the hearings and deliberations of the hearing board
shall be confidential.
(d) Release of Records for Judicial Action.--The records of
hearing boards may be made public if required for the purpose
of judicial action under section 9.
(e) Access by Committees of Congress.--At the discretion of
the executive director, the executive director may provide to
the Committee on Standards of Official Conduct of the House
of Representatives and the Select Committee on Ethics of the
Senate access to the records of the hearings and decisions of
the hearing boards, including all written and oral testimony
in the possession of the hearing boards, concerning a
decision under section 10(g). The executive director shall
not provide such access until the executive director has
consulted with the individual filing the complaint at issue
in the hearing, and until the hearing board has issued the
decision.
(f) Coordination.--The executive director shall coordinate
the proceedings with the Committee on Standards and Official
Conduct of the House of Representatives and the Select
Committee on Ethics of the Senate to ensure effectiveness, to
avoid duplication, and to prevent penalizing cooperation by
respondents in the respective proceedings.
SEC. 16. POLITICAL AFFILIATION AND PLACE OF RESIDENCE.
(a) In General.--It shall not be a violation of a law made
applicable to the legislative branch of the Federal
Government under this Act to consider the--
(1) party affiliation,
(2) domicile, or
(3) political compatibility with the employing office,
of a congressional employee with respect to employment
decisions.
(b) Definition.--For purposes of subsection (a), the term
``employee'' means--
(1) an employee on the staff of the House of
Representatives or Senate leadership,
(2) an employee on the staff of a committee or
subcommittee,
(3) an employee on the staff of a Member of the House of
Representatives or Senate,
(4) an officer or employee of the House of Representatives
or Senate elected by the House of Representatives or Senate
or appointed by a Member of the House of Representatives or
Senate, other than those described in paragraphs (1) through
(3), or
(5) an applicant for a position that is to be occupied by
an individual described in paragraphs (1) through (4).
SEC. 17. OTHER REVIEW PROHIBITED.
No congressional employee may commence a judicial
proceeding to redress practices prohibited under section 5,
except as provided in this Act.
SEC. 18. STUDY.
(a) Study.--The Office shall conduct a study--
(1) of the ways that access by the public to information
held by the Congress may be improved, streamlined, and made
consistent between the House of Representatives and the
Senate and of the application of section 552 of title 5,
United States Code to the legislative branch of the Federal
Government; and
(2) of the application of the requirement of section 552a
of title 5, United States Code, to the legislative branch of
the Federal Government.
(b) Study Content.--The study conducted under subsection
(a) shall examine--
(1) information that is currently made available under such
section 552 by Federal agencies and not by the legislative
branch of the Federal Government;
(2) information held by the non-legislative offices of the
legislative branch of the Federal Government, including--
(A) the instrumentalities,
(B) the Architect of the Capitol,
(C) the Director of Non-Legislative and Financial Services
of the House of Representatives,
(D) the Clerk of the House of Representatives,
(E) the Secretary of the Senate,
(F) the Inspector General of the House of Representatives,
(G) the Sergeant at Arms of the House of Representatives
and the Sergeant at Arms of the Senate,
(H) the Doorkeeper of the House of Representatives,
(I) the United States Capitol Police, and
(J) the House Commission on Congressional Mailing
Standards;
(3) financial expenditure information of the legislative
branch of the Federal Government; and
(4) provisions for judicial review of denial of access to
information held by the legislative branch of the Federal
Government.
(c) Time.--The Office shall conduct the study prescribed by
subsection (a) and report the results of the study to the
Congress not later than one year after the date of the
initial appointment of the Board of Directors.
SEC. 19. LIMITATION ON USE OF TRAVEL AWARDS IN THE HOUSE OF
REPRESENTATIVES.
(a) In General.--Notwithstanding any other provision of law
or any rule, regulation, or other authority, any travel award
that accrues by reason of official travel of a Member,
officer, or employee of the House of Representatives may be
used only with respect to official travel.
(b) Regulations.--The Committee on House Administration of
the House of Representatives shall have authority to
prescribe regulations to carry out this section.
(c) Definitions.--As used in this section--
(1) the term ``travel award'' means any frequent flier
mileage, free travel, discounted travel, or other travel
benefit, whether awarded by coupon, membership, or otherwise;
and
(2) the term ``official travel'' means, with respect to the
House of Representatives, travel performed for the conduct of
official business of the House of Representatives.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER announced that the yeas had it.
Mr. SHAYS demanded that the vote be taken by a recorded vote, which
demand was not supported by one-fifth of a quorum, so a recorded vote
was refused.
Mr. SHAYS objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
427
When there appeared
<3-line {>
Nays
4
Para. 94.21 [Roll No. 390]
YEAS--427
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Foley
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
[[Page 1550]]
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--4
Clay
Collins (MI)
Ford (MI)
Gonzalez
NOT VOTING--4
Gallo
Herger
Molinari
Washington
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 94.22 martin luther king, jr. federal holiday commission
On motion of Mr. SAWYER, by unanimous consent, the bill (H.R. 1933) to
authorize appropriations for the Martin Luther King, Jr. Federal Holiday
Commission, extend such Commission, establish a National Service Day to
promote community service, and for other purposes; together with the
following amendments of the Senate thereto, was taken from the Speaker's
table:
Page 2, strike out lines 17 to 21 and insert:
(3) in section 6--
(A) in subsection (a) by striking ``maximum rate of pay
payable for grade GS-18 of the General Schedule under section
5332'' and inserting ``rate of pay for level IV of the
Executive Schedule under section 5315'';
(B) in subsection (b)(1) by adding the following at the
end: ``A person who has been detailed under the preceding
sentence for as many as 365 days (continuously or
intermittently) may not subsequently be detailed to the
Commission.''; and
(C) All Federal employees on loan to the King Commission on
the day of enactment of this Act may remain detailed to the
Martin Luther King Holiday Commission for not more than 365
days.
Page 3, strike out all after line 3 down to and including
``1990'' '' in line 6 and insert:
(5) by amending section 8 to read as follows:
``SEC. 8. COMMISSION REPORT.
``(a) In General.--Not later than April 20 of each year,
the Commission shall submit a report to the President and the
Congress concerning its activities under this Act or under
the National and Community Service Act of 1990.
``(b) Analysis Required.--The Commission shall include in
its annual report--
``(1) a detailed description of all activities undertaken
by the Commission;
``(2) an analysis of the spending practices of the
Commission indicating how much of the funds of the Commission
are dedicated to salaries, travel expenses, and other
overhead costs and how much are dedicated to the stated goals
of the Commission; and
``(3) a detailed description of any grants made by the
Corporation for National and Community Service with the
consultation of the Commission.'';
Page 3, line 6, strike out ``; and''
Page 3, line 8, strike out the period and insert a
semicolon
Page 3, after line 8, insert:
(7) by adding at the end the following new section:
``Sec. 10. None of the funds appropriated or donated to the
Commission may be used for the purpose of purchasing first
class air travel or first class hotel accommodations.''; and
Page 3, after line 8, insert:
(8) by adding at the end the following:
``SEC. 11. ACCOUNTING PROCEDURES.
``The Commission shall follow a comprehensive basis of
accounting, as defined by the Comptroller General in B-
255473. The Commission shall establish an accounting system
for review by the Comptroller General under section 3512 of
title 31, United States Code. The Comptroller General is
authorized to review and audit the Commission, its programs,
activities, operations, and financial transactions. The
Comptroller General, and his agents, shall have access to all
records, files, documents, and papers of the Commission, as
necessary, to accomplish such audits.''.
On motion of Mr. SAWYER, said Senate amendments were agreed to.
A motion to reconsider the vote whereby said Senate amendments were
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 94.23 subpoena
The SPEAKER pro tempore, Mr. CLYBURN, laid before the House a
communication, which was read as follows:
Congress of the United States
House of Representatives
Washington, DC, August 9, 1994.
Hon. Thomas S. Foley,
Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that my office has
been served with a subpoena issued by the State of Florida,
Division of Administrative Hearings in connection with a
civil case involving constituent casework.
After consultation with the General Counsel, I will
determine if compliance with the subpoena is consistent with
the privileges and precedents of the House.
Sincerely,
Bill McCollum,
Member of Congress.
Para. 94.24 submission of conference report--h.r. 3355
Mr. BROOKS submitted a conference report (Rept. No. 103-694) on the
bill (H.R. 3355) to amend the Omnibus Crime Control and Safe Streets Act
of 1968 to allow grants to increase police presence, to expand and
improve cooperative efforts between law enforcement agencies and members
of the community to address crime and disorder problems, and otherwise
to enhance public safety; together with a statement thereon, for
printing in the Record under the rule.
Para. 94.25 providing for the consideration of h.r. 4908
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-695) the resolution (H. Res. 515) providing for consideration of
the bill (H.R. 4908) to authorize the hydrogen and fusion research,
development, and demonstration programs, and the high energy physics and
nuclear physics programs of the Department of Energy, and for other
purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 94.26 providing for the consideration of h.r. 3433
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-696) the resolution (H. Res. 516) providing for the
consideration of the bill (H.R. 3433) to provide for the management of
portions of the Presidio under the jurisdiction of the Secretary of the
Interior.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 94.27 waiving points of order against the conference report on
h.r. 3355
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-697) the resolution (H. Res. 517) waiving certain points of
order against the conference report to accompany the amendments of the
House to the amendment of the Senate to the bill (H.R. 3355) to amend
the Omnibus Crime Control and Safe Streets Act of 1968 to allow grants
to increase police presence, to expand and improve cooperative efforts
between law enforcement agencies and members of the community to address
crime and disorder problems, and otherwise to enhance public safety.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 94.28 enrolled bills signed
Mr. ROSE, from the Committee on House Administration, reported that
the committee had examined and found truly enrolled bills of the House
of the following titles, which were thereupon signed by the Speaker:
H.R. 1631. An Act to amend title 11, District of Columbia
Code, to increase the maximum amount in controversy permitted
for cases under the jurisdiction of the Small Claims and
Conciliation Branch of the Superior Court of the District of
Columbia;
H.R. 2739. An Act to amend the Airport and Airway
Improvement Act of 1982 to authorize
[[Page 1551]]
appropriations for fiscal years 1994, 1995, and 1996, and for
other purposes; and
H.R. 4429. An Act to authorize the transfer of naval
vessels to certain foreign countries.
Para. 94.29 senate enrolled joint resolution signed
The SPEAKER announced his signature to an enrolled joint resolution of
the Senate of the following title:
S.J. Res. 204. Joint Resolution recognizing the American
Academy in Rome, an American overseas center for independent
study and advanced research, on the occasion of the 100th
anniversary of its founding.
Para. 94.30 leave of absence
By unanimous consent, leave of absence was granted to Mr. HERGER, for
today.
And then,
Para. 94.31 adjournment
On motion of Mr. HOYER, pursuant to the special order heretofore
agreed to, at 9 o'clock and 51 minutes p.m., the House adjourned until
11 o'clock a.m. on Thursday, August 11, 1994.
Para. 94.32 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. DINGELL: Committee on Energy and Commerce. H.R. 4867. A
bill to authorize appropriations for high-speed rail
transportation, and for other purposes; with an amendment
(Rept. No. 103-692). Referred to the Committee of the Whole
House on the State of the Union.
Mr. DINGELL: Committee on Energy and Commerce. H.R. 4868. A
bill to amend the Railroad Unemployment Insurance Act to
reduce the waiting period for benefits payable under that
Act, and for other purposes; with an amendment (Rept. No.
103-693). Referred to the Committee of the Whole House on the
State of the Union.
Mr. BROOKS: Committee of Conference. Conference report on
H.R. 3355. A bill to amend the Omnibus Crime Control and Safe
Streets Act of 1968 to allow grants to increase police
presence, to expand and improve cooperative efforts between
law enforcement agencies and members of the community to
address crime and disorder problems, and otherwise to enhance
public safety (Rept. No. 103-694). Ordered to be printed.
Mr. GORDON: Committee on Rules. House Resolution 515.
Resolution providing for consideration of the bill (H.R.
4908) to authorize the hydrogen and fusion research,
development, and demonstration programs, and the high energy
physics and nuclear physics program, of the Department of
Energy, and for other purposes (Rept. No. 103-695). Referred
to the House Calendar.
Mr. SLAUGHTER: Committee on Rules. House Resolution 516.
Resolution providing for consideration of the bill (H.R.
3433) to provide for the management of portions of the
Presidio under the jurisdiction of the Secretary of the
Interior. (Rept. No. 103-696). Referred to the House
Calendar.
Mr. DERRICK: Committee on Rules. House Resolution 517.
Resolution waiving points of order against the conference
report to accompany the amendments of the House to the
amendment of the Senate to the bill (H.R. 3355) to amend the
Omnibus Crime Control and Safe Streets Act of 1968 to allow
grants to increase police presence, to expand and improve
cooperative efforts between law enforcement agencies and
members of the community to address crime and disorder
problems, and otherwise to enhance public safety (Rept. No.
103-697).
Para. 94.33 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. UNDERWOOD (for himself, Mr. de Lugo, Mr.
Faleomavaega, Mr. Murphy, Ms. Norton, and Mr. Romero-
Barcelo):
H.R. 4927. A bill to provide for a nonvoting delegate to
the House of Representatives to represent the Commonwealth of
the Northern Mariana Islands; to the Committee on Natural
Resources.
By Mr. BALLENGER (for himself, Mr. Goodling, Mr.
Fawell, and Mr. Barrett of Nebraska):
H.R. 4928. A bill to amend the Individuals with
Disabilities Education Act to improve the individualized
education program, to increase parental participation in the
development of the improving information about the special
education program, to provide for the establishment of
mediation procedures relating to services provided to
children under that act, and for other purposes; to the
Committee on Education and Labor.
By Mr. BROWN of Ohio:
H.R. 4929. A bill to amend the Public Health Service Act to
establish a program of demonstration projects to provide
outreach services regarding the utilization of health
benefits under Federal, State, and local programs; to the
Committee on Energy and Commerce.
By Ms. SNOWE:
H.R. 4930. A bill to amend the Magnuson Fishery
Conservation and Management Act to authorize the Secretary of
Commerce to prepare fishery management plans and amendments
to fishery management plans under negotiated rulemaking
procedures; to the Committee on Merchant Marine and
Fisheries.
H.R. 4931. A bill to strengthen protection of the natural
resources of the Gulf of Maine through greater cooperation
and coordination between Federal agencies and the Gulf of
Maine Council on the Marine Environment, and for other
purposes; to the Committee on Merchant Marine and Fisheries.
H.R. 4932. A bill to amend the Magnuson Fishery
Conservation and Management Act to require the Secretary of
Commerce to prepare conservation and management measures for
the northeast multispecies--groundfish--fishery under
negotiated rulemaking procedures; to the Committee on
Merchant Marine and Fisheries.
By Mr. SWIFT:
H.R. 4933. A bill to amend the Solid Waste Disposal Act,
and for other purposes; to the Committee on Energy and
Commerce.
By Mr. ARCHER:
H.R. 4934. A bill to restore immigration to traditional
levels by curtailing illegal immigration and imposing a
ceiling on legal immigration; jointly, to the Committees on
the Judiciary and Ways and Means.
By Mr. JOHNSTON of Florida:
H.R. 4935. A bill to provide that recipients of export
promotion assistance should meet certain requirements;
jointly, to the Committees on Foreign Affairs and Energy and
Commerce.
By Mr. REED (for himself, Mr. Sensenbrenner, Mr. Synar,
Mr. Rose, Mr. Gekas, and Mr. Zeliff):
H.R. 4936. A bill to amend title 17, United States Code, to
exempt business establishments from copyright fees for the
public performance of nondramatic musical works by television
and radio sets, to exempt certain choral groups from paying
copyright fees, to provide for court-annexed arbitration in
royalty disputes involving performing rights societies, and
to ensure computer access to music repertoire; to the
Committee on the Judiciary.
By Mr. GUTIERREZ:
H.J. Res. 400. Joint resolution to designate October 20,
1994, as ``Leyte Landing Day''; to the Committee on Post
Office and Civil Service.
Para. 94.34 private bills and resolutions
Under clause 1 of rule XXII,
Mr. SHAW introduced a bill (H.R. 4937) to authorize the
Secretary of Transportation to issue a certificate of
documentation with appropriate endorsement for employment in
the coastwise trade for the vessel Fifty One; which was
referred to the Committee on Merchant Marine and Fisheries.
Para. 94.35 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 24: Ms. Snowe.
H.R. 291: Mr. Paxon, Mr. McInnis, and Mr. Stearns.
H.R. 300: Mr. Manton.
H.R. 627: Mr. Klink.
H.R. 799: Mr. Packard.
H.R. 1171: Mr. Gutierrez.
H.R. 1671: Mr. Barlow.
H.R. 2292: Mr. Deutsch.
H.R. 2488: Mr. Coleman.
H.R. 2708: Mr. Dickey and Mr. Lewis of Kentucky.
H.R. 2803: Mr. Payne of Virginia, Mr. Ridge, Mr. Chapman,
and Mr. Darden.
H.R. 2873: Mr. Towns, Mr. Schiff, and Mrs. Vucanovich.
H.R. 3059: Mr. Lantos.
H.R. 3271: Mrs. Maloney.
H.R. 3320: Mr. Kingston, Mr. Emerson, and Mr. T. Schaefer.
H.R. 3392: Ms. Snowe.
H.R. 3397: Mr. Beilenson.
H.R. 3458: Mr. Zeliff.
H.R. 3475: Mr. Hoke.
H.R. 3661: Mr. Istook.
H.R. 3739: Mrs. Byrne, Mr. Gallegly, and Mr. Bacchus of
Florida.
H.R. 3762: Mr. Lipinski.
H.R. 3820: Mr. Owens.
H.R. 3885: Mr. Torkildsen, Mr. Serrano, Mr. Yates, and Mr.
Gutierrez.
H.R. 3906: Mr. Stupak.
H.R. 4050: Mr. Fields of Louisiana.
H.R. 4116: Ms. Molinari, Ms. Slaughter, and Ms. Velazquez.
H.R. 4200: Mr. Brown of Ohio, Mr. Fingerhut, and Mr. Mann.
H.R. 4291: Ms. Furse, Mr. Hoekstra, Mr. Stump, and Mr. Neal
of North Carolina.
H.R. 4412: Mr. Gunderson and Mr. Towns.
H.R. 4413: Mr. Watt.
H.R. 4514: Mr. Rose and Mr. Andrews of Maine.
H.R. 4557: Ms. Pryce of Ohio and Mr. Bereuter.
H.R. 4643: Mr. Hansen and Mr. McInnis.
H.R. 4737: Ms. Shepherd.
H.R. 4767: Mr. Watt.
H.R. 4803: Mr. Gilman, Mr. Andrews of New Jersey, and Mr.
Pastor.
H.R. 4805: Mr. LaRocco, Mr. Johnson of South Dakota, Mr.
Manzullo, Mr. Inhofe, Mr. Lightfoot, Mr. Crapo, Mr. Brown of
Ohio, and Mr. Peterson of Minnesota.
H.R. 4814: Mrs. Collins of Illinois.
H.R. 4840: Mr. Calvert.
H.R. 4902: Mrs. Roukema.
H.J. Res. 369: Mrs. Kennelly, Mr. Stenholm, Mr. Lucas, Mr.
Hutchinson, Mr. Smith of Michigan, Mr. Everett, Mr.
Knollenberg, Mr. Crane, Mr. Whitten, Mr.
[[Page 1552]]
Rogers, Mr. Walsh, Mr. Gonzalez, Mr. Martinez, Mr. Gilchrest,
Mr. Nadler, Mr. Rahall, Mr. Sundquist, Mr. Lazio, Mr. Frank
of Massachusetts, Ms. Brown of Florida, Mr. Frost, Mr.
McNulty, Mr. Upton, Mr. Gutierrez, Mr. LaRocco, Mr. Quinn,
Mr. Tucker, Mr. Tejeda, Mr. Kleczka, Mr. Costello, Mr. Fazio,
Mr. Bacchus of Florida, Mr. Hoekstra, Mrs. Johnson of
Connecticut, Mr. Jefferson, Mr. Kingston, Mr. Sanders, Mr.
Greenwood, Mr. Filner, Mr. Manzullo, Mrs. Collins of
Illinois, Mr. Stokes, Mr. Goodling, Mr. Houghton, Mr. Baker
of California, Mr. Ortiz, Mr. de la Garza, Mr. Mfume, Mr.
Evans, and Mr. Sabo.
H.J. Res. 381: Mr. Parker, Mr. Meehan, Mr. Emerson, Mr.
Dellums, Mr. Thompson, Mr. Calvert, Mr. Romero-Barcelo, Mr.
LaFalce, Mr. Johnson of South Dakota, Mr. Kasich, and Mr.
Hilliard.
H.J. Res. 385: Mrs. Maloney, Mr. Shays, Mr. Studds, and Mr.
Owens.
H. Con. Res. 69: Mr. Spratt and Mr. Dellums.
H. Con. Res. 148: Mr. Packard.
H. Res. 425: Mr. Goss, Mr. McCollum, Mr. Dornan, Mr.
Bateman, Mr. Hastert, Mr. Solomon, Mr. Shays, Mr. Livingston,
Mr. Royce, Mr. Schiff, and Mr. Fish.
H. Res. 432: Mr. Fingerhut, Mr. Rush, and Mr. Andrews of
Texas.
H. Res. 463: Mr. Hilliard.
H. Res. 472: Mr. Linder, Mr. Hoke, Mr. Coble, and Mr. Kim.
H. Res. 497: Mr. Owens, Mrs. Roukema, Mr. Engel, Ms.
Pelosi, Mr. Lazio, Mr. LaFalce, Mr. Frost, Mr. Frank of
Massachusetts, Mr. Evans, Mr. Greenwood, Mr. McNulty, Mr.
Underwood, Mr. Deutsch, and Mr. Shays.
.
THURSDAY, AUGUST 11, 1994 (95)
The House was called to order by the SPEAKER.
Para. 95.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Wednesday, August 10, 1994.
Mr. TRAFICANT, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the nays had it.
Mr. TRAFICANT objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
251
Nays
160
When there appeared
<3-line {>
Answered present
1
Para. 95.2 [Roll No. 391]
YEAS--251
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
de la Garza
Deal
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Greenwood
Gutierrez
Hall (TX)
Hamburg
Hamilton
Harman
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Houghton
Hoyer
Hughes
Hutto
Inglis
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Sabo
Sanders
Sarpalius
Sawyer
Schenk
Schumer
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--160
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clay
Coble
Cox
Crane
Crapo
Cunningham
DeLay
Dickey
Doolittle
Dreier
Duncan
Dunn
Ehlers
Emerson
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gingrich
Goodlatte
Goodling
Goss
Grams
Gunderson
Hancock
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Huffington
Hunter
Hutchinson
Hyde
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kim
King
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Murphy
Nussle
Oxley
Packard
Paxon
Petri
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schroeder
Scott
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (MS)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
ANSWERED ``PRESENT''--1
Dixon
NOT VOTING--22
Abercrombie
Blackwell
Chapman
Darden
DeFazio
Diaz-Balart
Dingell
Dornan
Flake
Gallo
Grandy
Hall (OH)
Hansen
Hastings
Kingston
McDermott
Meyers
Rush
Sangmeister
Schiff
Taylor (NC)
Washington
So the Journal was approved.
Para. 95.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3675. A letter from the Acting Director, Office of
Management and Budget, transmitting the cumulative report on
rescissions and deferrals of budget authority as of August 1,
1994, pursuant to 2 U.S.C. 685(e); to the Committee on
Appropriations.
3676. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-316,
``District Government Land Use Temporary Amendment Act of
1994,'' pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on the District of Columbia.
3677. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-317,
``Recycling Fee and Illegal Dumping Temporary Amendment Act
of 1994,'' pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on the District of Columbia.
3678. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-318,
``District of Columbia Board of Education Fees for Select
Adult, Community, and Continuing Education Courses Temporary
Act of 1994,'' pursuant to D.C. Code, section 1-233(c)(1); to
the Committee on the District of Columbia.
3679. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed manufacturing license agreement with Italy
(Transmittal No. DTC-29-94), pursuant to 22 U.S.C. 2776(c);
to the Committee on Foreign Affairs.
3680. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting copies of the original
report of political contributions by Robert L. Gallucci, of
Virginia, to be Ambassador at Large, and members of his
family, pursuant to 22 U.S.C. 3944(b)(2); to the Committee on
Foreign Affairs.
3681. A letter from the Chief, National Forest Service,
transmitting various boundary descriptions and maps; to the
Committee on Natural Resources.
[[Page 1553]]
3682. A letter from the Secretary of Labor, transmitting a
report on the evaluation of the pilot program of off-campus
work authorization for foreign students--F-1 Nonimmigrants--
pursuant to Public Law 101-649, Section 221(b) (104 Stat.
5028); to the Committee on the Judiciary.
3683. A letter from the Secretary of Health and Human
Services, transmitting a report on participation, assignment,
and extra billing in the Medicare Program; jointly, to the
Committees on Ways and Means and Energy and Commerce.
Para. 95.4 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed without amendment joint resolutions and a
concurrent resolution of the House of the following titles:
H.J. Res. 131. Joint resolution, designating December 7 of
each year as ``National Pearl Harbor Remembrance day'';
H.J. Res. 175. Joint resolution designating October 1993
and October 1994 as ``Italian-American Heritage and Culture
Month''; and
H. Con. Res. 248. Concurrent resolution providing for the
printing of euologies, encomiums, and funeral services for
the late President of the United States, Richard M. Nixon.
The message also announced that the Senate had passed a bill of the
following title, in which the concurrence of the House is requested:
S. 2218. An Act to provide authorization of appropriations
for the Federal Emergency Food and Shelter Program for fiscal
years 1995 and 1996.
The message also announced that the Senate agreed to the report of
the committee of conference on the disagreeing votes of the two Houses
on the amendments of the Senate to the bill (H.R. 4426), making
appropriations for foreign operations, export financing, and related
programs for the fiscal year ending September 30, 1995.
The message also announced that the Senate agreed to the report of
the committee of conference on the disagreeing votes of the two Houses
on the amendments of the Senate to the bill (H.R. 4453), making
appropriations for military construction for the Department of Defense
for the fiscal year ending September 30, 1995, and for other purposes.
The message also announced that the Senate agreed to the amendments
of the House to the amendments of the Senate numbered 6, 10, 13, 15,
16, 19, 20, 23, 24, 27, 31, and 32, to the above-entitled bill.
The message also announced that the Senate receded from its amendment
numbered 29, to the above-entitled bill.
The message also announced that the Senate agreed to the amendments
of the House to the concurrent resolution (S. Con. Res. 38) to
authorize the reprinting of the book entitled ``The U.S. Capitol: A
Brief Architectural History.''
The message also announced that the Senate agreed to the amendments
of the House to the concurrent resolution (S. Con. Res. 39) to
authorize the printing of a new annotated edition of Glenn Brown's
``History of the U.S. Capitol,'' originally published in two volumes in
1900 and 1903, prepared under the auspices of the Architect of the
Capitol.
The message also announced that the Senate agreed to the amendments
of the House to the concurrent resolution (S. Con. Res. 40) to
authorize the printing of the book entitled ``Constantino Burmidi:
Artist of the Capitol,'' prepared by the Office of the Architect of the
Capitol.
The message also announced that the Senate agreed to the amendments
of the House to the concurrent resolution (S. Con. Res. 41) to
authorize the printing of the book entitled ``The Cornerstones of the
U.S. Capitol.''
Para. 95.5 social security administration reform
Mr. JACOBS, pursuant to the order of the House of August 5, 1994,
called up the following conference report (Rept. No. 103-670):
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
4277), to establish the Social Security Administration as an
independent agency and to make other improvements in the old-
age, survivors, and disability insurance program, having met,
after full and free conference, have agreed to recommend and
do recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Social
Security Independence and Program Improvements Act of 1994''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title and table of contents.
TITLE I--ESTABLISHMENT OF THE SOCIAL SECURITY ADMINISTRATION AS AN
INDEPENDENT AGENCY
Sec. 101. Establishment of Social Security Administration as an
independent agency.
Sec. 102. Commissioner and Deputy Commissioner; other officers.
Sec. 103. Social Security Advisory Board.
Sec. 104. Personnel; budgetary matters; seal of office.
Sec. 105. Transfers to the new Social Security Administration.
Sec. 106. Transition rules.
Sec. 107. Conforming amendments to titles II and XVI of the Social
Security Act.
Sec. 108. Additional conforming amendments.
Sec. 109. Rules of construction.
Sec. 110. Effective dates.
TITLE II--PROGRAM IMPROVEMENTS RELATING TO OASDI AND SSI
Sec. 201. Restrictions on payment of benefits based on disability to
substance abusers.
Sec. 202. Commission on childhood disability.
Sec. 203. Regulations regarding completion of plans for achieving self-
support.
Sec. 204. SSI eligibility for students temporarily abroad.
Sec. 205. Disregard of cost-of-living increases for continued
eligibility for work incentives.
Sec. 206. Expansion of the authority of the Social Security
Administration to prevent, detect, and terminate
fraudulent claims for OASDI and SSI benefits.
Sec. 207. Disability review required for SSI recipients who are 18
years of age.
Sec. 208. Continuing disability reviews.
Sec. 209. Exemption from adjustment in pass-along requirements.
TITLE III--MISCELLANEOUS PROGRAM IMPROVEMENTS
Sec. 301. Issuance of physical documents in the form of bonds, notes,
or certificates to the social security trust funds.
Sec. 302. GAO study regarding telephone access to local offices of the
Social Security Administration.
Sec. 303. Expansion of State option to exclude service of election
officials or election workers from coverage.
Sec. 304. Use of social security numbers by States and local
governments and Federal district courts for jury
selection purposes.
Sec. 305. Authorization for all States to extend coverage to State and
local police officers and firefighters under existing
coverage agreements.
Sec. 306. Limited exemption for Canadian ministers from certain self-
employment tax liability.
Sec. 307. Exclusion of totalization benefits from the application of
the windfall elimination provision.
Sec. 308. Exclusion of military reservists from application of the
government pension offset and windfall elimination
provisions.
Sec. 309. Repeal of the facility-of-payment provision.
Sec. 310. Maximum family benefits in guarantee cases.
Sec. 311. Authorization for disclosure of social security information
for purposes of public or private epidemiological and
similar research.
Sec. 312. Misuse of symbols, emblems, or names in reference to Social
Security Administration, Department of Health and Human
Services, or Department of the Treasury.
Sec. 313. Increased penalties for unauthorized disclosure of social
security information.
Sec. 314. Increase in authorized period for extension of time to file
annual earnings report.
Sec. 315. Extension of disability insurance program demonstration
project authority.
Sec. 316. Cross-matching of social security account number information
and employer identification number information maintained
by the Department of Agriculture.
Sec. 317. Certain transfers to railroad retirement account made
permanent.
Sec. 318. Authorization for use of social security account numbers by
Department of Labor in administration of Federal workers'
compensation laws.
Sec. 319. Coverage under FICA of Federal employees transferred
temporarily to international organizations.
Sec. 320. Extension of the FICA tax exemption and certain tax rules to
individuals who enter the United States under a visa
issued under section 101 of the Immigration and
Nationality Act.
[[Page 1554]]
Sec. 321. Technical and clerical amendments.
TITLE I--ESTABLISHMENT OF THE SOCIAL SECURITY ADMINISTRATION AS AN
INDEPENDENT AGENCY
SEC. 101. ESTABLISHMENT OF SOCIAL SECURITY ADMINISTRATION AS
AN INDEPENDENT AGENCY.
Section 701 of the Social Security Act (42 U.S.C. 901) is
amended to read as follows:
``SOCIAL SECURITY ADMINISTRATION
``Sec. 701. (a) There is hereby established, as an
independent agency in the executive branch of the Government,
a Social Security Administration (in this title referred to
as the `Administration').
``(b) It shall be the duty of the Administration to
administer the old-age, survivors, and disability insurance
program under title II and the supplemental security income
program under title XVI.
SEC. 102. COMMISSIONER AND DEPUTY COMMISSIONER; OTHER
OFFICERS.
Section 702 of the Social Security Act (42 U.S.C. 902) is
amended to read as follows:
``COMMISSIONER; DEPUTY COMMISSIONER; OTHER OFFICERS
``Commissioner of Social Security
``Sec. 702. (a)(1) There shall be in the Administration a
Commissioner of Social Security (in this title referred to as
the `Commissioner') who shall be appointed by the President,
by and with the advice and consent of the Senate.
``(2) The Commissioner shall be compensated at the rate
provided for level I of the Executive Schedule.
``(3) The Commissioner shall be appointed for a term of 6
years, except that the initial term of office for
Commissioner shall terminate January 19, 2001. In any case in
which a successor does not take office at the end of a
Commissioner's term of office, such Commissioner may continue
in office until the entry upon office of such a successor. A
Commissioner appointed to a term of office after the
commencement of such term may serve under such appointment
only for the remainder of such term. An individual serving in
the office of Commissioner may be removed from office only
pursuant to a finding by the President of neglect of duty or
malfeasance in office.
``(4) The Commissioner shall be responsible for the
exercise of all powers and the discharge of all duties of the
Administration, and shall have authority and control over all
personnel and activities thereof.
``(5) The Commissioner may prescribe such rules and
regulations as the Commissioner determines necessary or
appropriate to carry out the functions of the Administration.
The regulations prescribed by the Commissioner shall be
subject to the rulemaking procedures established under
section 553 of title 5, United States Code.
``(6) The Commissioner may establish, alter, consolidate,
or discontinue such organizational units or components within
the Administration as the Commissioner considers necessary or
appropriate, except that this paragraph shall not apply with
respect to any unit, component, or provision provided for by
this Act.
``(7) The Commissioner may assign duties, and delegate, or
authorize successive redelegations of, authority to act and
to render decisions, to such officers and employees of the
Administration as the Commissioner may find necessary. Within
the limitations of such delegations, redelegations, or
assignments, all official acts and decisions of such officers
and employees shall have the same force and effect as though
performed or rendered by the Commissioner.
``(8) The Commissioner and the Secretary of Health and
Human Services (in this title referred to as the `Secretary')
shall consult, on an ongoing basis, to ensure--
``(A) the coordination of the programs administered by the
Commissioner, as described in section 701, with the programs
administered by the Secretary under titles XVIII and XIX of
this Act; and
``(B) that adequate information concerning benefits under
such titles XVIII and XIX is available to the public.
``Deputy Commissioner of Social Security
``(b)(1) There shall be in the Administration a Deputy
Commissioner of Social Security (in this title referred to as
the `Deputy Commissioner') who shall be appointed by the
President, by and with the advice and consent of the Senate.
``(2) The Deputy Commissioner shall be appointed for a term
of 6 years, except that the initial term of office for the
Deputy Commissioner shall terminate January 19, 2001. In any
case in which a successor does not take office at the end of
a Deputy Commissioner's term of office, such Deputy
Commissioner may continue in office until the entry upon
office of such a successor. A Deputy Commissioner appointed
to a term of office after the commencement of such term may
serve under such appointment only for the remainder of such
term.
``(3) The Deputy Commissioner shall be compensated at the
rate provided for level II of the Executive Schedule.
``(4) The Deputy Commissioner shall perform such duties and
exercise such powers as the Commissioner shall from time to
time assign or delegate. The Deputy Commissioner shall be
Acting Commissioner of the Administration during the absence
or disability of the Commissioner and, unless the President
designates another officer of the Government as Acting
Commissioner, in the event of a vacancy in the office of the
Commissioner.
``Chief Financial Officer
``(c) There shall be in the Administration a Chief
Financial Officer appointed by the Commissioner in accordance
with section 901(a)(2) of title 31, United States Code.
``Inspector General
``(d) There shall be in the Administration an Inspector
General appointed by the President, by and with the advice
and consent of the Senate, in accordance with section 3(a) of
the Inspector General Act of 1978.''.
SEC. 103. SOCIAL SECURITY ADVISORY BOARD.
Section 703 of the Social Security Act (42 U.S.C. 903) is
amended to read as follows:
``SOCIAL SECURITY ADVISORY BOARD
``Establishment of Board
``Sec. 703. (a) There shall be established a Social
Security Advisory Board (in this section referred to as the
`Board').
``Functions of the Board
``(b) On and after the date the Commissioner takes office,
the Board shall advise the Commissioner on policies related
to the old-age, survivors, and disability insurance program
under title II and the supplemental security income program
under title XVI. Specific functions of the Board shall
include--
``(1) analyzing the Nation's retirement and disability
systems and making recommendations with respect to how the
old-age, survivors, and disability insurance program and the
supplemental security income program, supported by other
public and private systems, can most effectively assure
economic security;
``(2) studying and making recommendations relating to the
coordination of programs that provide health security with
programs described in paragraph (1);
``(3) making recommendations to the President and to the
Congress with respect to policies that will ensure the
solvency of the old-age, survivors, and disability insurance
program, both in the short-term and the long-term;
``(4) making recommendations with respect to the quality of
service that the Administration provides to the public;
``(5) making recommendations with respect to policies and
regulations regarding the old-age, survivors, and disability
insurance program and the supplemental security income
program;
``(6) increasing public understanding of the social
security system;
``(7) making recommendations with respect to a long-range
research and program evaluation plan for the Administration;
``(8) reviewing and assessing any major studies of social
security as may come to the attention of the Board; and
``(9) making recommendations with respect to such other
matters as the Board determines to be appropriate.
``Structure and Membership of the Board
``(c)(1) The Board shall be composed of 7 members who shall
be appointed as follows:
``(A) 3 members shall be appointed by the President, by and
with the advice and consent of the Senate. Not more than 2 of
such members shall be from the same political party.
``(B) 2 members (each member from a different political
party) shall be appointed by the President pro tempore of the
Senate with the advice of the Chairman and the Ranking
Minority Member of the Senate Committee on Finance.
``(C) 2 members (each member from a different political
party) shall be appointed by the Speaker of the House of
Representatives, with the advice of the Chairman and the
Ranking Minority Member of the House Committee on Ways and
Means.
``(2) The members shall be chosen on the basis of their
integrity, impartiality, and good judgment, and shall be
individuals who are, by reason of their education,
experience, and attainments, exceptionally qualified to
perform the duties of members of the Board.
``Terms of Appointment
``(d) Each member of the Board shall serve for a term of 6
years, except that--
``(1) a member appointed to a term of office after the
commencement of such term may serve under such appointment
only for the remainder of such term; and
``(2) the terms of service of the members initially
appointed under this section shall begin on October 1, 1994,
and expire as follows:
``(A) The terms of service of the members initially
appointed by the President shall expire as designated by the
President at the time of nomination, 1 each at the end of--
``(i) 2 years;
``(ii) 4 years; and
``(iii) 6 years.
``(B) The terms of service of members initially appointed
by the President pro tempore of the Senate shall expire as
designated by the President pro tempore of the Senate at the
time of nomination, 1 each at the end of--
``(i) 3 years; and
``(ii) 6 years.
``(C) The terms of service of members initially appointed
by the Speaker of the House of Representatives shall expire
as designated by the Speaker of the House of Representatives
at the time of nomination, 1 each at the end of--
``(i) 4 years; and
``(ii) 5 years.
``Chairman
``(e) A member of the Board shall be designated by the
President to serve as Chairman for a term of 4 years,
coincident with
[[Page 1555]]
the term of the President, or until the designation of a
successor.
``Expenses and Per Diem
``(f) Members of the Board shall serve without
compensation, except that, while serving on business of the
Board away from their homes or regular places of business,
members may be allowed travel expenses, including per diem in
lieu of subsistence, as authorized by section 5703 of title
5, United States Code, for persons in the Government employed
intermittently.
``Meetings
``(g)(1) The Board shall meet at the call of the Chairman
(in consultation with the other members of the Board) not
less than 4 times each year to consider a specific agenda of
issues, as determined by the Chairman in consultation with
the other members of the Board.
``(2) Four members of the Board (not more than 3 of whom
may be of the same political party) shall constitute a quorum
for purposes of conducting business.
``Federal Advisory Committee Act
``(h) The Board shall be exempt from the provisions of the
Federal Advisory Committee Act (5 U.S.C. App.).
``Personnel
``(i) The Board shall, without regard to the provisions of
title 5, United States Code, relating to the competitive
service, appoint a Staff Director who shall be paid at a rate
equivalent to a rate established for the Senior Executive
Service under section 5382 of title 5, United States Code.
The Board shall appoint such additional personnel as the
Board determines to be necessary to provide adequate clerical
support for the Board, and may compensate such additional
personnel without regard to the provisions of title 5, United
States Code, relating to the competitive service.
``Authorization of Appropriations
``(j) There are authorized to be appropriated, out of the
Federal Disability Insurance Trust Fund, the Federal Old-Age
and Survivors Insurance Trust Fund, and the general fund of
the Treasury, such sums as are necessary to carry out the
purposes of this section.''.
SEC. 104. PERSONNEL; BUDGETARY MATTERS; SEAL OF OFFICE.
(a) In General.--Section 704 of the Social Security Act (42
U.S.C. 904) is amended to read as follows:
``ADMINISTRATIVE DUTIES OF THE COMMISSIONER
``Personnel
``Sec. 704. (a)(1) The Commissioner shall appoint such
additional officers and employees as the Commissioner
considers necessary to carry out the functions of the
Administration under this Act, and attorneys and experts may
be appointed without regard to the civil service laws. Except
as otherwise provided in the preceding sentence or in any
other provision of law, such officers and employees shall be
appointed, and their compensation shall be fixed, in
accordance with title 5, United States Code.
``(2) The Commissioner may procure the services of experts
and consultants in accordance with the provisions of section
3109 of title 5, United States Code.
``(3) Notwithstanding any requirements of section 3133 of
title 5, United States Code, the Director of the Office of
Personnel Management shall authorize for the Administration a
total number of Senior Executive Service positions which is
substantially greater than the number of such positions
authorized in the Social Security Administration in the
Department of Health and Human Services as of immediately
before the date of the enactment of the Social Security
Independence and Program Improvements Act of 1994 to the
extent that the greater number of such authorized positions
is specified in the comprehensive work force plan as
established and revised by the Commissioner under subsection
(b)(2). The total number of such positions authorized for the
Administration shall not at any time be less than the number
of such authorized positions as of immediately before such
date.
``Budgetary Matters
``(b)(1) The Commissioner shall prepare an annual budget
for the Administration, which shall be submitted by the
President to the Congress without revision, together with the
President's annual budget for the Administration.
``(2)(A) Appropriations requests for staffing and personnel
of the Administration shall be based upon a comprehensive
work force plan, which shall be established and revised from
time to time by the Commissioner.
``(B) Appropriations for administrative expenses of the
Administration are authorized to be provided on a biennial
basis.
``Employment Restriction
``(c) The total number of positions in the Administration
(other than positions established under section 702) which--
``(1) are held by noncareer appointees (within the meaning
of section 3132(a)(7) of title 5, United States Code) in the
Senior Executive Service, or
``(2) have been determined by the President or the Office
of Personnel Management to be of a confidential, policy-
determining, policy-making, or policy-advocating character
and have been excepted from the competitive service thereby,
may not exceed at any time the equivalent of 20 full-time
positions.
``Seal of Office
``(d) The Commissioner shall cause a seal of office to be
made for the Administration of such design as the
Commissioner shall approve. Judicial notice shall be taken of
such seal.
``Data Exchanges
``(e)(1) Notwithstanding any other provision of law
(including subsections (b), (o), (p), (q), (r), and (u) of
section 552a of title 5, United States Code)--
``(A) the Secretary shall disclose to the Commissioner any
record or information requested in writing by the
Commissioner for the purpose of administering any program
administered by the Commissioner, if records or information
of such type were disclosed to the Commissioner of Social
Security in the Department of Health and Human Services under
applicable rules, regulations, and procedures in effect
before the date of the enactment of the Social Security
Independence and Program Improvements Act of 1994; and
``(B) the Commissioner shall disclose to the Secretary or
to any State any record or information requested in writing
by the Secretary to be so disclosed for the purpose of
administering any program administered by the Secretary, if
records or information of such type were so disclosed under
applicable rules, regulations, and procedures in effect
before the date of the enactment of the Social Security
Independence and Program Improvements Act of 1994.
``(2) The Commissioner and the Secretary shall enter into
an agreement under which the Commissioner provides the
Secretary data concerning the quality of the services and
information provided to beneficiaries of the programs under
titles XVIII and XIX and the administrative services provided
by the Social Security Administration in support of such
programs. Such agreement shall stipulate the type of data to
be provided and the terms and conditions under which the data
are to be provided.
``(3) The Commissioner and the Secretary shall periodically
review the need for exchanges of information not referred to
in paragraph (1) or (2) and shall enter into such agreements
as may be necessary and appropriate to provide information to
each other or to States in order to meet the programmatic
needs of the requesting agencies.
``(4)(A) Any disclosure from a system of records (as
defined in section 552a(a)(5) of title 5, United States Code)
pursuant to this subsection shall be made as a routine use
under subsection (b)(3) of section 552a of such title (unless
otherwise authorized under such section 552a).
``(B) Any computerized comparison of records, including
matching programs, between the Commissioner and the Secretary
shall be conducted in accordance with subsections (o), (p),
(q), (r), and (u) of section 552a of title 5, United States
Code.
``(5) The Commissioner and the Secretary shall each ensure
that timely action is taken to establish any necessary
routine uses for disclosures required under paragraph (1) or
agreed to pursuant to paragraph (3).''.
(b) Report on SES Positions under Comprehensive Work Force
Plan.--Within 60 days after the establishment by the
Commissioner of Social Security of the comprehensive work
force plan required under section 704(b)(2) of the Social
Security Act (as amended by this Act), the Director of the
Office of Personnel Management shall transmit to the
Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate a report
specifying the total number of Senior Executive Services
positions authorized for the Social Security Administration
in connection with such work force plan.
(c) Effective Date and Transition Rule for Certain Data
Exchange Provisions.--
(1) Effective date.--Section 704(e)(4) of the Social
Security Act (as amended by subsection (a)) shall take effect
March 31, 1996.
(2) Transition rule.--Notwithstanding any other provision
of law (including subsections (b), (o), (p), (q), (r), and
(u) of section 552a of title 5, United States Code),
arrangements for disclosure of records or other information,
and arrangements for computer matching of records, which were
in effect immediately before the date of the enactment of
this Act between the Social Security Administration in the
Department of Health and Human Services and other components
of such Department may continue between the Social Security
Administration established under section 701 of the Social
Security Act (as amended by this Act) and such Department
during the period beginning on the date of the enactment of
this Act and ending March 31, 1996.
SEC. 105. TRANSFERS TO THE NEW SOCIAL SECURITY
ADMINISTRATION.
(a) Functions.--
(1) In general.--There are transferred to the Social
Security Administration all functions of the Secretary of
Health and Human Services with respect to or in support of
the programs and activities the administration of which is
vested in the Social Security Administration by reason of
this title and the amendments made thereby. The Commissioner
of Social Security shall allocate such functions in
accordance with sections 701, 702, 703, and 704 of the Social
Security Act (as amended by this title).
(2) Functions of other agencies.--
(A) In general.--Subject to subparagraph (B), the Social
Security Administration shall also perform--
(i) the functions of the Department of Health and Human
Services, including func-
[[Page 1556]]
tions relating to titles XVIII and XIX of the Social Security
Act (including adjudications, subject to final decisions by
the Secretary of Health and Human Services), that the Social
Security Administration in such Department performed as of
immediately before the date of the enactment of this Act, and
(ii) the functions of any other agency for which
administrative responsibility was vested in the Social
Security Administration in the Department of Health and Human
Services as of immediately before the date of the enactment
of this Act.
(B) Rules governing continuation of functions in the
administration.--The Social Security Administration shall
perform, on behalf of the Secretary of Health and Human
Services (or the head of any other agency, as applicable),
the functions described in subparagraph (A) in accordance
with the same financial and other terms in effect on the day
before the date of the enactment of this Act, except to the
extent that the Commissioner and the Secretary (or other
agency head, as applicable) agree to alter such terms
pertaining to any such function or to terminate the
performance by the Social Security Administration of any such
function.
(b) Personnel, Assets, Etc.--
(1) In general.--There are transferred from the Department
of Health and Human Services to the Social Security
Administration, for appropriate allocation by the
Commissioner of Social Security in the Social Security
Administration--
(A) the personnel employed in connection with the functions
transferred by this title and the amendments made thereby;
and
(B) the assets, liabilities, contracts, property, records,
and unexpended balance of appropriations, authorizations,
allocations, and other funds employed, held, or used in
connection with such functions, arising from such functions,
or available, or to be made available, in connection with
such functions.
(2) Unexpended funds.--Unexpended funds transferred
pursuant to this subsection shall be used only for the
purposes for which the funds were originally appropriated.
(3) Employment protections.--
(A) In general.--During the 1-year period beginning March
31, 1995,--
(i) the transfer pursuant to this section of any full-time
personnel (except special Government employees) and part-time
personnel holding permanent positions shall not cause any
such personnel to be separated or reduced in grade or
compensation solely as a result of such transfer, and
(ii) except as provided in subparagraph (B), any such
personnel who were not employed in the Social Security
Administration in the Department of Health and Human Services
immediately before the date of the enactment of this Act
shall not be subject to directed reassignment to a duty
station outside their commuting area.
(B) Special rules.--
(i) In the case of personnel whose duty station is in the
Washington, District of Columbia, commuting area immediately
before March 31, 1995, subparagraph (A)(ii) shall not apply
with respect to directed reassignment to a duty station in
the Baltimore, Maryland, commuting area after September 30,
1995.
(ii) In the case of personnel whose duty station is in the
Baltimore, Maryland, commuting area immediately before March
31, 1995, subparagraph (A)(ii) shall not apply with respect
to directed reassignment to a duty station in the Washington,
District of Columbia, commuting area after September 30,
1995.
(4) Office space.--Notwithstanding section 7 of the Public
Buildings Act of 1959 (40 U.S.C. 606), and subject to
available appropriations, the Administrator of General
Services may, after consultation with the Commissioner of
Social Security and under such terms and conditions as the
Administrator finds to be in the interests of the United
States--
(A) acquire occupiable space in the metropolitan area of
Washington, District of Columbia, for housing the Social
Security Administration, and
(B) renovate such space as necessary.
(c) Inter-Agency Transfer Arrangement.--The Secretary of
Health and Human Services and the Commissioner of Social
Security shall enter into a written inter-agency transfer
arrangement (in this subsection referred to as the
``arrangement''), which shall be effective March 31, 1995.
Transfers made pursuant to this section shall be in
accordance with the arrangement, which shall specify the
personnel and resources to be transferred as provided under
this section. The terms of such arrangement shall be
transmitted not later than January 1, 1995, to the Committee
on Ways and Means of the House of Representatives, to the
Committee on Finance of the Senate, and to the Comptroller
General of the United States. Not later than February 15,
1995, the Comptroller General shall submit a report to each
such Committee setting forth an evaluation of such
arrangement.
SEC. 106. TRANSITION RULES.
(a) Transition Rules Relating to Officers of the Social
Security Administration.--
(1) Appointment of initial commissioner of social
security.--The President shall nominate for appointment the
initial Commissioner of Social Security to serve as head of
the Social Security Administration established under section
701 of the Social Security Act (as amended by this Act) not
later than 60 days after the date of the enactment of this
Act.
(2) Assumption of office of initial commissioner before
effective date of new agency.--If the appointment of the
initial Commissioner of Social Security pursuant to section
702 of the Social Security Act (as amended by this Act) is
confirmed by the Senate pursuant to such section 702 before
March 31, 1995, the individual shall take office as
Commissioner immediately upon confirmation, and, until March
31, 1995, such Commissioner shall perform the functions of
the Commissioner of Social Security in the Department of
Health and Human Services.
(3) Treatment of inspector general and other
appointments.--At any time on or after the date of the
enactment of this Act, any of the officers provided for in
section 702 of the Social Security Act (as amended by this
title) and any of the members of the Social Security Advisory
Board provided for in section 703 of such Act (as so amended)
may be nominated and take office, under the terms and
conditions set out in such sections.
(4) Compensation for initial officers and board members
before effective date of new agency.--Funds available to any
official or component of the Department of Health and Human
Services, functions of which are transferred to the
Commissioner of Social Security or the Social Security
Administration by this title, may, with the approval of the
Director of the Office of Management and Budget, be used to
pay the compensation and expenses of any officer or employee
of the new Social Security Administration and of any member
or staff of the Social Security Advisory Board who takes
office pursuant to this subsection before March 31, 1995,
until such time as funds for that purpose are otherwise
available.
(5) Interim role of current commissioner after effective
date of new agency.--In the event that, as of March 31, 1995,
an individual appointed to serve as the initial Commissioner
of Social Security has not taken office, until such initial
Commissioner has taken office, the officer serving on March
31, 1995, as Commissioner of Social Security (or Acting
Commissioner of Social Security, if applicable) in the
Department of Health and Human Services shall, while
continuing to serve as such Commissioner of Social Security
(or Acting Commissioner of Social Security), serve as
Commissioner of Social Security (or Acting Commissioner of
Social Security, respectively) in the Social Security
Administration established under such section 701 and shall
assume the powers and duties under such Act (as amended by
this Act) of the Commissioner of Social Security in the
Social Security Administration as so established under such
section 701. In the event that, as of March 31, 1995, the
President has not nominated an individual for appointment to
the office of Commissioner of Social Security in the Social
Security Administration established under such section 701,
then the individual serving as Commissioner of Social
Security (or Acting Commissioner of Social Security, if
applicable) in the Department of Health and Human Services
shall become the Acting Commissioner of Social Security in
the Social Security Administration as so established under
such section 701.
(6) Interim inspector general.--The Commissioner of Social
Security may appoint an individual to assume the powers and
duties under the Inspector General Act of 1978 of Inspector
General of the Social Security Administration as established
under section 701 of the Social Security Act for a period not
to exceed 60 days. The Inspector General of the Department of
Health and Human Services may, when so requested by the
Commissioner, while continuing to serve as Inspector General
in such Department, serve as Inspector General of the Social
Security Administration established under such section 701
and shall assume the powers and duties under the Inspector
General Act of 1978 of Inspector General of the Social
Security Administration as established under such section
701. The Social Security Administration shall reimburse the
Office of Inspector General of the Department of Health and
Human Services for costs of any functions performed pursuant
to this subsection, from funds available to the
Administration at the time the functions are performed. The
authority under this paragraph to exercise the powers and
duties of the Inspector General shall terminate upon the
entry upon office of an Inspector General for the Social
Security Administration under the Inspector General Act of
1978.
(7) Abolishment of office of commissioner of social
security in the department of health and human services.--
Effective when the initial Commissioner of Social Security of
the Social Security Administration established under section
701 of the Social Security Act (as amended by this title)
takes office pursuant to section 702 of such Act (as so
amended)--
(A) the position of Commissioner of Social Security in the
Department of Health and Human Services is abolished; and
(B) section 5315 of title 5, United States Code, is amended
by striking the following:
``Commissioner of Social Security, Department of Health and
Human Services.''.
(b) Continuation of Orders, Determinations, Rules,
Regulations, Etc.--All orders, determinations, rules,
regulations, permits, contracts, collective bargaining
agreements (and ongoing negotiations relating to such
collective bargaining agreements), recognitions of labor
organizations, certificates, licenses, and privileges--
(1) which have been issued, made, promulgated, granted, or
allowed to become effective, in the exercise of functions (A)
which
[[Page 1557]]
were exercised by the Secretary of Health and Human Services
(or the Secretary's delegate), and (B) which relate to
functions which, by reason of this title, the amendments made
thereby, and regulations prescribed thereunder, are vested in
the Commissioner of Social Security; and
(2) which are in effect immediately before March 31, 1995,
shall (to the extent that they relate to functions described
in paragraph (1)(B)) continue in effect according to their
terms until modified, terminated, suspended, set aside, or
repealed by such Commissioner, except that any collective
bargaining agreement shall remain in effect until the date of
termination specified in such agreement.
(c) Continuation of Proceedings.--The provisions of this
title (including the amendments made thereby) shall not
affect any proceeding pending before the Secretary of Health
and Human Services immediately before March 31, 1995, with
respect to functions vested (by reason of this title, the
amendments made thereby, and regulations prescribed
thereunder) in the Commissioner of Social Security, except
that such proceedings, to the extent that such proceedings
relate to such functions, shall continue before such
Commissioner. Orders shall be issued under any such
proceeding, appeals taken therefrom, and payments shall be
made pursuant to such orders, in like manner as if this title
had not been enacted, and orders issued in any such
proceeding shall continue in effect until modified,
terminated, superseded, or repealed by such Commissioner, by
a court of competent jurisdiction, or by operation of law.
(d) Continuation of Suits.--Except as provided in this
subsection--
(1) the provisions of this title shall not affect suits
commenced before March 31, 1995; and
(2) in all such suits proceedings shall be had, appeals
taken, and judgments rendered, in the same manner and effect
as if this title had not been enacted.
No cause of action, and no suit, action, or other proceeding
commenced by or against any officer in such officer's
official capacity as an officer of the Department of Health
and Human Services, shall abate by reason of the enactment of
this title. In any suit, action, or other proceeding pending
immediately before March 31, 1995, the court or hearing
officer may at any time, on the motion of the court or
hearing officer or that of a party, enter an order which will
give effect to the provisions of this subsection (including,
where appropriate, an order for substitution of parties).
(e) Continuation of Penalties.--This title shall not have
the effect of releasing or extinguishing any civil or
criminal prosecution, penalty, forfeiture, or liability
incurred as a result of any function which (by reason of this
title, the amendments made thereby, and regulations
prescribed thereunder) is vested in the Commissioner of
Social Security.
(f) Judicial Review.--Orders and actions of the
Commissioner of Social Security in the exercise of functions
vested in such Commissioner under this title and the
amendments made thereby (other than functions performed
pursuant to 105(a)(2)) shall be subject to judicial review to
the same extent and in the same manner as if such orders had
been made and such actions had been taken by the Secretary of
Health and Human Services in the exercise of such functions
immediately before March 31, 1995. Any statutory requirements
relating to notice, hearings, action upon the record, or
administrative review that apply to any function so vested in
such Commissioner shall continue to apply to the exercise of
such function by such Commissioner.
(g) Exercise of Functions.--In the exercise of the
functions vested in the Commissioner of Social Security under
this title, the amendments made thereby, and regulations
prescribed thereunder, such Commissioner shall have the same
authority as that vested in the Secretary of Health and Human
Services with respect to the exercise of such functions
immediately preceding the vesting of such functions in such
Commissioner, and actions of such Commissioner shall have the
same force and effect as when exercised by such Secretary.
SEC. 107. CONFORMING AMENDMENTS TO TITLES II AND XVI OF THE
SOCIAL SECURITY ACT.
(a) In General.--Title II of the Social Security Act (42
U.S.C. 401 et seq.) (other than section 201, section 231(c),
section 226, and section 226A) and title XVI of such Act (42
U.S.C. 1382 et seq.) (other than section 1614(f)(2)(B)) are
each amended--
(1) by striking, wherever it appears, ``Secretary of Health
and Human Services'' and inserting ``Commissioner of Social
Security'';
(2) by striking, wherever it appears, ``Department of
Health and Human Services'' and inserting ``Social Security
Administration'';
(3) by striking, wherever it appears, ``Department'' (but
only if it is not immediately succeeded by the words ``of
Health and Human Services'', and only if it is used in
reference to the Department of Health and Human Services) and
inserting ``Administration'';
(4) by striking, wherever it appears, each of the following
words (but, in the case of any such word only if such word
refers to the Secretary of Health and Human Services):
``Secretary'', ``Secretary's'', ``his'', ``him'', ``he'',
``her'', and ``she'', and inserting (in the case of the word
``Secretary'') ``Commissioner of Social Security'', (in the
case of the word ``Secretary's'') ``Commissioner's'', (in the
case of the word ``his'') ``the Commissioner's'', (in the
case of the word ``him'') ``the Commissioner'', (in the case
of the word ``her'') ``the Commissioner'' or ``the
Commissioner's'', as may be appropriate, and (in the case of
the words ``she'' or ``he'') ``the Commissioner''; and
(b) Amendments to Section 201.--
(1) Subsections (a)(3), (a)(4), (b)(1), and (b)(2) of
section 201 of such Act (42 U.S.C. 401) are amended by
striking ``Secretary of Health and Human Services'' and
inserting ``Commissioner of Social Security''.
(2) Subsections (a)(3) and (b)(1) of section 201 of such
Act (42 U.S.C. 401) are amended by striking ``such
Secretary'' and inserting ``such Commissioner''.
(3) Section 201(c) of such Act (42 U.S.C. 401(c)) is
amended--
(A) in the first sentence, by inserting ``the Commissioner
of Social Security,'' before ``the Secretary of the
Treasury''; and
(B) in the fifth sentence, by striking ``Commissioner of
Social Security'' and inserting ``Deputy Commissioner of
Social Security''.
(4) Section 201(g)(1)(A) of such Act (42 U.S.C.
401(g)(1)(A)) is amended--
(A) in clause (i), by striking ``by him and the Secretary
of Health and Human Services'' and inserting ``by the
Managing Trustee, the Commissioner of Social Security, and
the Secretary of Health and Human Services'', and by striking
``by the Department of Health and Human Services and the
Treasury Department for the administration of titles II, XVI,
and XVIII of this Act'' and inserting ``by the Department of
Health and Human Services for the administration of title
XVIII of this Act, and by the Department of the Treasury for
the administration of titles II and XVIII of this Act'';
(B) in clause (ii), by striking ``method prescribed by the
Board of Trustees under paragraph (4)'' and inserting
``applicable method prescribed under paragraph (4)'', by
striking ``the Secretary of Health and Human Services'' and
inserting ``the Commissioner of Social Security'', and by
striking ``the Department of Health and Human Services'' and
inserting ``the Social Security Administration''; and
(C) in the matter following clause (ii), by striking
``titles II, XVI, and XVIII'' in the first sentence and
inserting ``titles II and XVIII'', and by striking the last
sentence and inserting the following: ``There are hereby
authorized to be made available for expenditure, out of any
or all of the Trust Funds, such amounts as the Congress may
deem appropriate to pay the costs of the part of the
administration of this title, title XVI, and title XVIII for
which the Commissioner of Social Security is responsible, the
costs of title XVIII for which the Secretary of Health and
Human Services is responsible, and the costs of carrying out
the functions of the Social Security Administration,
specified in section 232, which relate to the administration
of provisions of the Internal Revenue Code of 1986 other than
those referred to in clause (i) of the first sentence of this
subparagraph.''.
(4)(A) Section 201(g)(1) of such Act (42 U.S.C. 401(g)(1))
is further amended by striking subparagraph (B) and inserting
the following new subparagraphs:
``(B) After the close of each fiscal year--
``(i) the Commissioner of Social Security shall determine--
``(I) the portion of the costs, incurred during such fiscal
year, of administration of this title, title XVI, and title
XVIII for which the Commissioner is responsible and of
carrying out the functions of the Social Security
Administration, specified in section 232, which relate to the
administration of provisions of the Internal Revenue Code of
1986 (other than those referred to in clause (i) of the first
sentence of subparagraph (A)), which should have been borne
by the general fund of the Treasury,
``(II) the portion of such costs which should have been
borne by the Federal Old-Age and Survivors Insurance Trust
Fund,
``(III) the portion of such costs which should have been
borne by the Federal Disability Insurance Trust Fund,
``(IV) the portion of such costs which should have been
borne by the Federal Hospital Insurance Trust Fund, and
``(V) the portion of such costs which should have been
borne by the Federal Supplementary Medical Insurance Trust
Fund, and
``(ii) the Secretary of Health and Human Services shall
determine--
``(I) the portion of the costs, incurred during such fiscal
year, of the administration of title XVIII for which the
Secretary is responsible, which should have been borne by the
general fund of the Treasury,
``(II) the portion of such costs which should have been
borne by the Federal Hospital Insurance Trust Fund, and
``(III) the portion of such costs which should have been
borne by the Federal Supplementary Medical Insurance Trust
Fund.
``(C) After the determinations under subparagraph (B) have
been made for any fiscal year, the Commisioner of Social
Security and the Secretary shall each certify to the Managing
Trustee the amounts, if any, which should be transferred from
one to any of the other such Trust Funds and the amounts, if
any, which should be transferred between the Trust Funds (or
one of the Trust Funds) and the general fund of the Treasury,
in order to ensure that each of the Trust Funds and the
general fund of the Treasury have borne their proper share of
the costs, incurred during such fiscal year, for--
``(i) the parts of the administration of this title, title
XVI, and title XVIII for which the
[[Page 1558]]
Commissioner of Social Security is responsible,
``(ii) the parts of the administration of title XVIII for
which the Secretary is responsible, and
``(iii) carrying out the functions of the Social Security
Administration, specified in section 232, which relate to the
administration of provisions of the Internal Revenue Code of
1986 (other than those referred to in clause (i) of the first
sentence of subparagraph (A)).
The Managing Trustee shall transfer any such amounts in
accordance with any certification so made.
``(D) The determinations required under subclauses (IV) and
(V) of subparagraph (B)(i) shall be made in accordance with
the cost allocation methodology in existence on the date of
the enactment of the Social Security Independence and Program
Improvements Act of 1994, until such time as the methodology
for making the determinations required under such subclauses
is revised by agreement of the Commissioner and the
Secretary, except that the determination of the amounts to be
borne by the general fund of the Treasury with respect to
expenditures incurred in carrying out the functions of the
Social Security Administration specified in section 232 shall
be made pursuant to the applicable method prescribed under
paragraph (4).''.
(5) Section 201(g)(2) of such Act (42 U.S.C. 401(g)(2)) is
amended, in the second sentence, by striking ``established
and maintained by the Secretary of Health and Human
Services'' and inserting ``maintained by the Commissioner of
Social Security'', and by striking ``Secretary shall
furnish'' and inserting ``Commissioner of Social Security
shall furnish''.
(6) Section 201(g)(4) of such Act (42 U.S.C. 401(g)(4)) is
amended to read as follows:
``(4) The Commissioner of Social Security shall utilize the
method prescribed pursuant to this paragraph, as in effect
immediately before the date of the enactment of the Social
Security Independence and Program Improvements Act of 1994,
for determining the costs which should be borne by the
general fund of the Treasury of carrying out the functions of
the Commissioner, specified in section 232, which relate to
the administration of provisions of the Internal Revenue Code
of 1986 (other than those referred to in clause (i) of the
first sentence of paragraph (1)(A)). If at any time or times
thereafter the Boards of Trustees of such Trust Funds
consider such action advisable, they may modify the method of
determining such costs.''.
(7) Section 201(i)(1) of such Act (42 U.S.C. 401(i)(1)) is
amended to read as follows:
``(i)(1) The Managing Trustee may accept on behalf of the
United States money gifts and bequests made unconditionally
to the Federal Old-Age and Survivors Insurance Trust Fund,
the Federal Disability Insurance Trust Fund, the Federal
Hospital Insurance Trust Fund, or the Federal Supplementary
Medical Insurance Trust Fund or to the Social Security
Administration, the Department of Health and Human Services,
or any part or officer thereof, for the benefit of any of
such Funds or any activity financed through such Funds.''.
(8) Subsections (j) and (k) of section 201 of such Act (42
U.S.C. 401) are each amended by striking ``Secretary'' each
place it appears and inserting ``Commissioner of Social
Security''.
(9) Section 201(l)(3)(B)(iii)(II) of such Act (42 U.S.C.
401(l)(3)(B)(iii)(II)) is amended by striking ``Secretary''
and inserting ``Commissioner of Social Security''.
(10) Section 201(m)(3) of such Act (42 U.S.C. 401(m)(3)) is
amended by striking ``Secretary of Health and Human
Services'' and inserting ``Commissioner of Social Security''.
(c) Amendment to Section 231.--Section 231(c) of such Act
(42 U.S.C. 431(c)) is amended by striking ``Secretary
determines'' and inserting ``Commissioner of Social Security
and the Secretary jointly determine''.
SEC. 108. ADDITIONAL CONFORMING AMENDMENTS.
(a) Amendments to Title VII.--
(1) Title VII of the Social Security Act (42 U.S.C. 901 et
seq.) is amended by adding at the end the following new
section:
``DUTIES AND AUTHORITY OF SECRETARY
``Sec. 712. The Secretary shall perform the duties imposed
upon the Secretary by this Act. The Secretary is authorized
to appoint and fix the compensation of such officers and
employees, and to make such expenditures as may be necessary
for carrying out the functions of the Secretary under this
Act. The Secretary may appoint attorneys and experts without
regard to the civil service laws.''.
(2) Section 706 of such Act (42 U.S.C. 907) is repealed.
This paragraph shall not apply with respect to the Advisory
Council for Social Security appointed in 1994.
(3) Paragraph (2) of section 709(b) of such Act (42 U.S.C.
910(b)) is amended by striking ``(as estimated by the
Secretary)'' and inserting ``(for amounts which will be paid
from the Federal Old-Age and Survivors Insurance Trust Fund
and the Federal Disability Insurance Trust Fund, as estimated
by the Commissioner, and for amounts which will be paid from
the Federal Hospital Insurance Trust and the Federal
Supplementary Medical Insurance Trust Fund, as estimated by
the Secretary)''.
(b) Amendments to Title XI.--
(1) Section 1101(a) of such Act (42 U.S.C. 1301(a)) is
amended by adding at the end the following new paragraph:
``(10) The term `Administration' means the Social Security
Administration, except where the context requires
otherwise.''.
(2) Section 1106(a) of such Act (42 U.S.C. 1306(a)) is
amended--
(A) by inserting ``(1)'' after ``(a)'';
(B) by striking ``Department of Health and Human Services''
each place it appears and inserting ``applicable agency'';
(C) by striking ``Secretary'' each place it appears and
inserting ``head of the applicable agency''; and
(D) by adding at the end the following new paragraph:
``(2) For purposes of this subsection and subsection (b),
the term `applicable agency' means--
``(A) the Social Security Administration, with respect to
matter transmitted to or obtained by such Administration or
matter disclosed by such Administration, or
``(B) the Department of Health and Human Services, with
respect to matter transmitted to or obtained by such
Department or matter disclosed by such Department.''.
(3) Section 1106(b) of such Act (42 U.S.C. 1306(b)) is
amended--
(A) by striking ``Secretary'' each place it appears and
inserting ``head of the applicable agency''; and
(B) by striking ``Department of Health and Human Services''
and inserting ``applicable agency''.
(4) Section 1106(c) of such Act (42 U.S.C. 1306(c)) is
amended--
(A) by striking ``the Secretary'' the first place it
appears and inserting ``the Commissioner of Social Security
or the Secretary''; and
(B) by striking ``the Secretary'' each subsequent place it
appears and inserting ``such Commissioner or Secretary''.
(5) Section 1106(d) of such Act (added by section 311 of
this Act) is amended--
(A) by striking ``Secretary'' the first place it appears
and inserting ``Commissioner of Social Security'';
(B) by striking ``Secretary'' the second place it appears
and inserting ``Commissioner'';
(C) by striking ``Secretary'' the third place it appears
and inserting ``Commissioner in consultation with the
Secretary of Health and Human Services''; and
(D) by striking ``Secretary'' each subsequent place it
appears and inserting ``Commissioner''.
(6) Section 1107(b) of such Act (42 U.S.C. 1307(b)) is
amended by striking ``the Secretary of Health and Human
Services'' and inserting ``the Commissioner of Social
Security or the Secretary''.
(7) Section 1110 of such Act (42 U.S.C. 1310) is amended--
(A) by striking ``he'', ``his'', and ``him'' each place
they appear (except in subsection (b)(2)(A)) and inserting
``the Commissioner'', ``the Commissioner's'', and ``the
Commissioner'', respectively;
(B) in subsection (a)(2), by inserting ``(or the
Commissioner, with respect to any jointly financed
cooperative agreement or grant concerning titles II or XVI)''
after ``Secretary'';
(C) in subsection (b)(1)--
(i) by striking ``Secretary'' each place it appears in the
first two sentences and inserting ``Commissioner'';
(ii) by striking in the third sentence ``determined by the
Secretary,'' and inserting ``determined by the Commissioner
with respect to the old-age, survivors, and disability
insurance programs under title II and the supplemental
security income program under title XVI, and by the Secretary
with respect to other titles of this Act,''; and
(iii) by striking the fourth sentence and inserting the
following new sentences: ``If, in order to carry out a
project under this subsection, the Commissioner requests a
State to make supplementary payments (or the Commissioner
makes them pursuant to an agreement under section 1616) to
individuals who are not eligible therefor, or in amounts or
under circumstances in which the State does not make such
payments, the Commissioner shall reimburse such State for the
non-Federal share of such payments from amounts appropriated
to carry out title XVI. If, in order to carry out a project
under this subsection, the Secretary requests a State to
provide medical assistance under its plan approved under
title XIX to individuals who are not eligible therefor, or in
amounts or under circumstances in which the State does not
provide such medical assistance, the Secretary shall
reimburse such State for the non-Federal share of such
assistance from amounts appropriated to carry out title XVI,
which shall be provided by the Commissioner to the Secretary
for this purpose.'';
(D) in subsection (b)(2), by striking ``Secretary'' each
place it appears and inserting ``Commissioner''; and
(E) in subsection (b), by striking paragraph (3).
(8) Subsections (b) and (c) of section 1127 of such Act (42
U.S.C. 1320a-6) are each amended by striking ``Secretary''
and inserting ``Commissioner of Social Security''.
(9) Section 1128(f) of such Act (42 U.S.C. 1320a-7(f)) is
amended--
(A) in paragraph (1), by inserting after ``section 205(g)''
the following: ``, except that, in so applying such sections
and section 205(l), any reference therein to the Commissioner
of Social Security or the Social Security Administration
shall be considered a reference to the Secretary or the
Department of Health and Human Services, respectively'', and
(B) in paragraph (3), by inserting after ``title II'' the
following: ``, except that, in so applying such section and
section 205(l), any reference therein to the Commissioner of
So-
[[Page 1559]]
cial Security shall be considered a reference to the
Secretary''.
(10)(A) Section 1129 of such Act (added by section 206(b)
of this Act) is amended--
(i) by striking ``Secretary'' each place it appears and
inserting ``Commissioner of Social Security'';
(ii) in subsection (a)(1)--
(I) by striking ``exclude, as provided in section 1128,''
and inserting ``recommend that the Secretary exclude, as
provided in section 1128,''; and
(II) by striking ``and to direct'' and all that follows
through ``determines'';
(iii) in subsection (g)--
(I) by striking ``Secretary's'' and inserting
``Commissioner's''; and
(II) by striking ``the provisions'' and all that follows
and inserting the following: ``the Commissioner shall notify
the Secretary of the final determination and the reasons
therefor, and the Secretary shall then notify the entities
described in section 1128A(h) of such final determination.'';
(iv) in subsection (k), by inserting ``based on a
recommendation under subsection (a)'' after ``section 1128'';
and
(v) in subsection (l) (added by section 206(e)(1)), by
striking ``Department of Health and Human Services'' and
inserting ``Social Security Administration''.
(B) Section 206(g) of this Act is amended--
(i) by striking ``Secretary of Health and Human Services''
and inserting ``Commissioner of Social Security''; and
(ii) by striking ``Secretary has exercised'' and inserting
``Commissioner has exercised''.
(11) Section 1131 of such Act (42 U.S.C. 1320b-1) is
amended--
(A) by striking ``Secretary'' each place it appears and
inserting ``Commissioner of Social Security'';
(B) in subsection (a)(1)(A), by adding ``or'' at the end;
(C) in subsection (a)(1)(B), by striking ``or'' at the end;
(D) by striking subsection (a)(1)(C);
(E) by redesignating subsection (a)(2) as subsection
(a)(3);
(F) by inserting after subsection (a)(1) the following new
paragraph:
``(2) the Secretary makes a finding of fact and a decision
as to the entitlement under section 226 of any individual to
hospital insurance benefits under part A of title XVIII,
or''; and
(G) in the matter in subsection (a) following paragraph (3)
(as so redesignated), by striking ``he'' and inserting ``the
Commissioner of Social Security'', by striking ``paragraph
(1)'' and inserting ``paragraph (1) or (2)'', by striking
``paragraph (2)'' and inserting ``paragraph (3)'', and by
striking ``paragraph (1) or (2)(A)'' and inserting
``paragraph (1), (2), or (3)(A)''.
(12) Section 1140 of such Act (42 U.S.C. 1320b-10) (as
amended by section 312 of this Act) is amended--
(A) in subsection (a)(2)--
(i) by inserting ``(A)'' after ``(2)'';
(ii) by striking ``or of the Department of Health and Human
Services'';
(iii) by striking ``which the Secretary shall prescribe''
and inserting ``which the Commissioner of Social Security
shall prescribe''; and
(iv) by adding at the end the following new subparagraph:
``(B) No person may, for a fee, reproduce, reprint, or
distribute any item consisting of a form, application, or
other publication of the Department of Health and Human
Services unless such person has obtained specific, written
authorization for such activity in accordance with
regulations which the Secretary shall prescribe.'';
(B) in subsection (b), by striking ``the Secretary'' and
inserting ``the Commissioner or the Secretary (as
applicable)'';
(C) in subsection (c)(2), by striking ``the Secretary''
each place it appears and inserting ``the Commissioner or the
Secretary (as applicable)''; and
(D) in subsection (d), by striking ``the Office of
Inspector General of the Department of Health and Human
Services'' and inserting ``the Office of the Inspector
General of the Social Security Administration or the Office
of the Inspector General of the Department of Health and
Human Services (as appropriate)''.
(13) Section 1141 of such Act (42 U.S.C. 1320b-11) is
amended--
(A) by striking ``Secretary'' each place it appears and
inserting ``Commissioner of Social Security'';
(B) by striking ``Secretary's'' each place it appears and
inserting ``Commissioner's'';
(C) in the first sentence of subsection (a), by striking
``under the direction of the Commissioner of Social
Security,''; and
(D) in subsection (d)(6), by striking ``Department of
Health Services and inserting ``Social Security
Administration''.
(14) Section 1155 of such Act (42 U.S.C. 1320c-4) is
amended by striking ``(to the same extent as is provided in
section 205(b))'' and all that follows and inserting ``(to
the same extent as beneficiaries under title II are entitled
to a hearing by the Commissioner of Social Security under
section 205(b)). For purposes of the preceding sentence,
subsection (l) of section 205 shall apply, except that any
reference in such subsection to the Commissioner of Social
Security or the Social Security Administration shall be
deemed a reference to the Secretary or the Department of
Health and Human Services, respectively. Where the amount in
controversy is $2,000 or more, such beneficiary shall be
entitled to judicial review of any final decision relating to
a reconsideration described in this subsection.''.
(c) Amendments to Title XVIII.--
(1) Section 1817 of such Act (42 U.S.C. 1395i) is amended--
(A) in subsection (a), by striking ``Secretary of Health
and Human Services'' each place it appears and inserting
``Commissioner of Social Security'';
(B) in subsection (b), by inserting ``the Commissioner of
Social Security,'' before ``the Secretary of the Treasury'';
and
(C) in subsection (f), by striking ``Secretary of Health
and Human Services'' each place it appears and inserting
``Commissioner of Social Security''.
(2) Section 1840(a) of such Act (42 U.S.C. 1395s(a)) is
amended--
(A) in paragraph (1), by striking ``Secretary'' and
inserting ``Commissioner of Social Security'', and by adding
at the end the following new sentence: ``Such regulations
shall be prescribed after consultation with the Secretary.'';
and
(B) in paragraph (2), by striking ``Secretary of Health and
Human Services'' and inserting ``Commissioner of Social
Security''.
(3) Section 1841(b) of such Act (42 U.S.C. 1395t) is
amended by inserting ``the Commissioner of Social Security,''
before ``the Secretary of the Treasury''.
(4) Section 1872 of such Act (42 U.S.C. 1395ii) is amended
by inserting after ``title II'' the following: ``, except
that, in applying such provisions with respect to this title,
any reference therein to the Commissioner of Social Security
or the Social Security Administration shall be considered a
reference to the Secretary or the Department of Health and
Human Services, respectively''.
(5) Sections 1866(h)(1), 1869(b)(1), and 1881(g)(3) of such
Act (42 U.S.C. 1395cc(h)(1), 1395ff(b)(1), 1395rr(g)(3)) are
amended by inserting after ``section 205(g)'' the following:
``, except that, in so applying such sections and in applying
section 205(l) thereto, any reference therein to the
Commissioner of Social Security or the Social Security
Administration shall be considered a reference to the
Secretary or the Department of Health and Human Services,
respectively''.
(6) Section 1876(c)(5)(B) of such Act (42 U.S.C.
1395mm(c)(5)(B)) is amended by adding at the end the
following: ``In applying sections 205(b) and 205(g) as
provided in this subparagraph, and in applying section 205(l)
thereto, any reference therein to the Commissioner of Social
Security or the Social Security Administration shall be
considered a reference to the Secretary or the Department of
Health and Human Services, respectively.''.
(d) Amendments to Title XIX.--
(1) Section 1902(a)(10)(A)(ii)(XI) of such Act (42 U.S.C.
1396a(a)(10)(A)(ii)(XI)) is amended by striking ``Secretary''
and inserting ``Commissioner of Social Security''.
(2) Section 1905(j) of such Act (42 U.S.C. 1396d(j)) is
amended by striking ``Secretary'' and inserting
``Commissioner of Social Security''.
(3) Section 1905(q)(2) of such Act (42 U.S.C. 1396d(q)(2))
is amended by striking ``Secretary'' and inserting
``Commissioner of Social Security''.
(4) Section 1910(b)(2) of such Act (42 U.S.C. 1396i(b)(2))
is amended, in the first sentence, by inserting after
``section 205(g)'' the following: ``, except that, in so
applying such sections and in applying section 205(l)
thereto, any reference therein to the Commissioner of Social
Security or the Social Security Administration shall be
considered a reference to the Secretary or the Department of
Health and Human Services, respectively''.
(5) Section 1918 of such Act (42 U.S.C. 1396q) is amended
by inserting after ``title II'' the following: ``, except
that, in so applying such subsections, and in applying
section 205(l) thereto, with respect to this title, any
reference therein to the Commissioner of Social Security or
the Social Security Administration shall be considered a
reference to the Secretary or the Department of Health and
Human Services, respectively''.
(e) Amendments to Title 5, United States Code.--Title 5,
United States Code, is amended--
(1) by adding at the end of section 5312 the following new
item:
``Commissioner of Social Security, Social Security
Administration.'';
(2) by adding at the end of section 5313 the following new
item:
``Deputy Commissioner of Social Security, Social Security
Administration.'';
(3) by adding at the end of section 5315 the following new
item:
``Inspector General, Social Security Administration.'';
(4) by striking ``Secretary of Health, Education, and
Welfare'' each place it appears in section 8141 and inserting
``Commissioner of Social Security''; and
(5) by striking ``Secretary of Health and Human Services''
in section 8347(m)(3) and inserting ``Commissioner of Social
Security''.
(f) Amendments to Food Stamp Act of 1977.--
(1) Sections 6(c)(3) and 8(e)(6) of the Food Stamp Act of
1977 (7 U.S.C. 2015(c)(3) and 2017(e)(6)) are each amended by
inserting ``the Commissioner of Social Security and'' before
``the Secretary of Health and Human Services''.
(2) Sections 6(g), 11(j), and 16(e) of such Act (7 U.S.C.
2015(g), 2020(j), and 2025(e)) are each amended by striking
``Secretary of Health and Human Services'' each place it
appears and inserting ``Commissioner of Social Security''.
(3) Section 11(i) of such Act (7 U.S.C. 2020(i)) is amended
by adding ``, the Commis-
[[Page 1560]]
sioner of Social Security'' after ``the Secretary''.
(g) Amendment to Title 14, United States Code.--Section
707(e)(3) of title 14, United States Code, is amended by
striking ``Secretary of Health and Human Services'' each
place it appears and inserting ``Commissioner of Social
Security''.
(h) Amendments to Internal Revenue Code of 1986.--
(1) Subsections (c)(1), (c)(2)(E), (e)(2), (g)(1),
(g)(2)(A), and (g)(2)(B) of section 1402 of the Internal
Revenue Code of 1986 are amended by striking ``Secretary of
Health and Human Services'' each place it appears and
inserting ``Commissioner of Social Security''.
(2) Section 3121(b)(10)(B) of such Code is amended by
striking ``Secretary of Health and Human Services'' each
place it appears and inserting ``Commissioner of Social
Security''.
(3) Section 3127 of such Code is amended by striking
``Secretary of Health and Human Services'' each place it
appears and inserting ``Commissioner of Social Security''.
(4) Section 6050F(c)(1)(A) of such Code is amended by
striking ``Secretary of Health and Human Services'' and
inserting ``Commissioner of Social Security''.
(5) Subsections (d) and (f) of section 6057 of such Code
are amended by striking ``Secretary of Health and Human
Services'' each place it appears and inserting ``Commissioner
of Social Security''.
(6) Section 6103(l)(5) of such Code is amended--
(A) by striking ``Department of Health and Human Services''
in the heading and inserting ``Social Security
Administration''; and
(B) by striking ``Secretary of Health and Human Services''
and inserting ``Commissioner of Social Security''.
(7) Subsections (d)(3)(C) and (e) of section 6402 of such
Code are amended by striking ``Secretary of Health and Human
Services'' each place it appears and inserting ``Commissioner
of Social Security''.
(8) Section 6511(d)(5) of such Code is amended by striking
``Secretary of Health and Human Services'' and inserting
``Commissioner of Social Security''.
(9)(A) Subsections (b)(2) and (h) of section 9704 of such
Code are amended by striking ``Secretary of Health and Human
Services'' and inserting ``Commissioner of Social Security''.
(B) Section 9706 of such Code is amended--
(i) by striking ``Secretary of Health and Human Services''
each place it appears and inserting ``Commissioner of Social
Security'';
(ii) in such section as amended by clause (i), by striking
``Secretary'' each place it appears and inserting
``Commissioner''; and
(iii) in subsection (d)(3), by striking ``Secretary's'' and
inserting ``Commissioner's''.
(i) Amendments to Black Lung Benefits Act.--
(1) Section 402(c) of the Black Lung Benefits Act (30
U.S.C. 902(c)) is amended by striking ``where used in part
B'' and all that follows through ``part C'' and insert
``where used in part C''.
(2) Part B of such Act (30 U.S.C. 921 et seq.) is amended
by striking ``Secretary of Health, Education, and Welfare''
each place it appears and inserting ``Commissioner of Social
Security, and by striking ``Secretary'' each place it
otherwise appears in reference to the Secretary of Health and
Human Services and inserting ``Commissioner of Social
Security''.
(3) Section 426 of such Act (30 U.S.C. 936) is amended--
(A) in subsection (a), by striking ``and the Secretary of
Health, Education, and Welfare'' and inserting ``, the
Commissioner of Social Security, and the Secretary of Health
and Human Services''; and
(B) in subsection (b), by striking ``the Secretary of
Health, Education, and Welfare'' and inserting ``the
Commissioner of Social Security''.
(4) Section 435 of such Act (30 U.S.C. 945) is amended by
striking ``Secretary of Health, Education, and Welfare'' each
place it appears and inserting ``Commissioner of Social
Security''.
(5) Section 508 of such Act (30 U.S.C. 957) is amended by
striking ``the Secretary of Health, Education, and Welfare,''
and inserting ``the Secretary of Health and Human Services,
the Commissioner of Social Security,''.
(j) Amendments to Title 31, United States Code.--
(1) Section 901(b)(2) of title 31, United States Code, is
amended by adding at the end the following:
``(H) The Social Security Administration.''.
(2) Section 3720A(f)(2) of such title is amended by
striking ``Secretary of Health and Human Services'' each
place it appears in and inserting ``Commissioner of Social
Security''.
(k) Amendments to Title 38, United States Code.--Section
5105 of title 38, United States Code, is amended--
(1) by striking ``Secretary of Health and Human Services''
each place it appears and inserting ``Commissioner of Social
Security''; and
(2) by striking the second sentence of subsection (b) and
inserting the following new sentence: ``A copy of each such
application filed with either the Secretary or the
Commissioner, together with any additional information and
supporting documents (or certifications thereof) which may
have been received by the Secretary or the Commissioner with
such application, and which may be needed by the other
official in connection therewith, shall be transmitted by the
Secretary or the Commissioner receiving the application to
the other official.''.
(l) Amendments to Inspector General Act of 1978.--
(1) Section 9(a)(1) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(A) by striking ``and'' at the end of suchparagraph (V);
and
(B) by adding at the end the following new subparagraph:
``(W) of the Social Security Administration, the functions
of the Inspector General of the Department of Health and
Human Services which are transferred to the Social Security
Administration by the Social Security Independence and
Program Improvements Act of 1994 (other than functions
performed pursuant to section 105(a)(2) of such Act), except
that such transfers shall be made in accordance with the
provisions of such Act and shall not be subject to
subsections (b) through (d) of this section; and''.
(2) Section 11 of such Act (5 U.S.C. App.) is amended--
(A) in paragraph (1), by inserting ``; or the Commissioner
of Social Security, Social Security Administration'' before
``; as the case may be''; and
(B) in paragraph (2), by inserting ``, or the Social
Security Administration'' before ``; as the case may be''.
(m) Section 505 of the Social Security Disability
Amendments of 1980.--Section 505 of the Social Security
Disability Amendments of 1980 is amended--
(1) in subsection (a), by striking ``Secretary of Health
and Human Services'' and inserting ``Commissioner of Social
Security'';
(2) in subsection (a)(3), by amending the first sentence to
read as follows: ``In the case of any experiment or
demonstration project under paragraph (1) which is initiated
before June 10, 1996, the Commissioner may waive compliance
with the benefit requirements of title II of the Social
Security Act, and the Secretary of Health and Human Services
may (upon the request of the Commissioner) waive compliance
with the benefits requirements of title XVIII of such Act,
insofar as is necessary for a thorough evaluation of the
alternative methods under consideration.''; and
(3) in subsections (a) and (c), by striking ``Secretary''
each place it otherwise appears and inserting
``Commissioner''.
SEC. 109. RULES OF CONSTRUCTION.
(a) References to the Department of Health and Human
Services.--Whenever any reference is made in any provision of
law (other than this title or a provision of law amended by
this title), regulation, rule, record, or document to the
Department of Health and Human Services with respect to such
Department's functions under the old-age, survivors, and
disability insurance program under title II of the Social
Security Act or the supplemental security income program
under title XVI of such Act or other functions performed by
the Social Security Administration pursuant to section
105(a)(2) of this Act, such reference shall be considered a
reference to the Social Security Administration.
(b) References to the Secretary of Health and Human
Services.--Whenever any reference is made in any provision of
law (other than this title or a provision of law amended by
this title), regulation, rule, record, or document to the
Secretary of Health and Human Services with respect to such
Secretary's functions under the old-age, survivors, and
disability insurance program under title II of the Social
Security Act or the supplemental security income program
under title XVI of such Act or other functions performed by
the Commissioner of Social Security pursuant to section
105(a)(2) of this Act, such reference shall be considered a
reference to the Commissioner of Social Security.
(c) References to Other Officers and Employees.--Whenever
any reference is made in any provision of law (other than
this title or a provision of law amended by this title),
regulation, rule, record, or document to any other officer or
employee of the Department of Health and Human Services with
respect to such officer or employee's functions under the
old-age, survivors, and disability insurance program under
title II of the Social Security Act or the supplemental
security income program under title XVI of such Act or other
functions performed by the officer or employee of the Social
Security Administration pursuant to section 105(a)(2) of this
Act, such reference shall be considered a reference to the
appropriate officer or employee of the Social Security
Administration.
SEC. 110. EFFECTIVE DATES.
(a) In General.--Except as otherwise provided in this
title, this title, and the amendments made by such title,
shall take effect March 31, 1995.
(b) Transition Rules.--Section 106 shall take effect on the
date of the enactment of this Act.
(c) Exceptions.--The amendments made by section 103,
subsections (b)(4) and (c) of section 105, and subsections
(a)(1), (e)(1), (e)(2), (e)(3), and (l)(2) of section 108
shall take effect on the date of the enactment of this Act.
TITLE II--PROGRAM IMPROVEMENTS RELATING TO OASDI AND SSI
SEC. 201. RESTRICTIONS ON PAYMENT OF BENEFITS BASED ON
DISABILITY TO SUBSTANCE ABUSERS.
(a) Amendments Relating to Benefits Based on Disability
Under Title II of the Social Security Act.--
[[Page 1561]]
(1) Required payment of benefits to representative
payees.--
(A) In general.--Section 205(j)(1) of the Social Security
Act (42 U.S.C. 405(j)(1)) is amended--
(i) by inserting ``(A)'' after ``(j)(1)'';
(ii) in the last sentence, by inserting ``, if the interest
of the individual under this title would be served thereby,''
after ``alternative representative payee or''; and
(iii) by adding at the end the following new subparagraph:
``(B) In the case of an individual entitled to benefits
based on disability, if alcoholism or drug addiction is a
contributing factor material to the Secretary's determination
that the individual is under a disability, certification of
payment of such benefits to a representative payee shall be
deemed to serve the interest of such individual under this
title. In any case in which such certification is so deemed
under this subparagraph to serve the interest of an
individual, the Secretary shall include, in such individual's
notification of entitlement, a notice that alcoholism or drug
addiction is a contributing factor material to the
Secretary's determination of such individual's disability and
that the Secretary is therefore required to make a
certification of payment of such individual's benefits to a
representative payee.''.
(B) Conforming amendment.--Section 205(j)(2)(D)(ii)(II) of
such Act (42 U.S.C. 402(j)(2)(D)(ii)(II)) is amended by
striking ``or under the age of 15'' and inserting ``, under
the age of 15 years, or (if alcoholism or drug addiction is a
contributing factor material to the Secretary's determination
that the individual is under a disability) is eligible for
benefits under this title by reason of disability.''.
(C) 90-day delay in deferral or suspension of benefits for
current beneficiaries.--In the case of an individual who, as
of 180 days after the date of the enactment of this Act, has
been determined to be under a disability, if alcoholism or
drug addiction is a contributing factor material to the
determination of the Secretary of Health and Human Services
that the individual is under a disability, the Secretary may,
notwithstanding clauses (i) and (ii) of section 205(j)(2)(D)
of the Social Security Act, make direct payment of benefits
to such individual during the 90-day period commencing with
the date on which such individual is provided the notice
described in subparagraph (D)(ii) of this paragraph, until
such time during such period as the selection of a
representative payee is made pursuant to section 205(j) of
such Act.
(D) Effective date.--
(i) General rule.--Except as provided in clause (ii), the
amendments made by this paragraph shall apply with respect to
benefits paid in months beginning after 180 days after the
date of the enactment of this Act.
(ii) Treatment of current beneficiaries.--In any case in
which--
(I) an individual is entitled to benefits based on
disability (as defined in section 205(j)(7) of the Social
Security Act, as amended by this section),
(II) the determination of disability was made by the
Secretary of Health and Human Services during or before the
180-day period following the date of the enactment of this
Act, and
(III) alcoholism or drug addiction is a contributing factor
material to the Secretary's determination that the individual
is under a disability,
the amendments made by this paragraph shall apply with
respect to benefits paid in months after the month in which
such individual is notified by the Secretary in writing that
alcoholism or drug addiction is a contributing factor
material to the Secretary's determination and that the
Secretary is therefore required to make a certification of
payment of such individual's benefits to a representative
payee.
(E) Study regarding feasibility, cost, and equity of
requiring representative payees for all disability
beneficiaries suffering from alcoholism or drug addiction.--
(i) Study.--As soon as practicable after the date of the
enactment of this Act, the Secretary of Health and Human
Services shall conduct a study of the representative payee
program. In such study, the Secretary shall examine--
(I) the feasibility, cost, and equity of requiring
representative payees for all individuals entitled to
benefits based on disability under title II or XVI of the
Social Security Act who suffer from alcoholism or drug
addiction, irrespective of whether the alcoholism or drug
addiction was material in any case to the Secretary's
determination of disability,
(II) the feasibility, cost, and equity of providing
benefits through non-cash means, including (but not limited
to) vouchers, debit cards, and electronic benefits transfer
systems,
(III) the extent to which child beneficiaries are afflicted
by drug addition or alcoholism and ways of addressing such
affliction, including the feasibility of requiring treatment,
and
(IV) the extent to which children's representative payees
are afflicted by drug addiction or alcoholism, and methods to
identify children's representative payees afflicted by drug
addition or alcoholism and to ensure that benefits continue
to be provided to beneficiaries appropriately.
(ii) Report.--Not later than December 31, 1995, the
Secretary shall transmit to the Committee on Ways and Means
of the House of Representatives and the Committee on Finance
of the Senate a report setting forth the findings of the
Secretary based on such study. Such report shall include such
recommendations for administrative or legislative changes as
the Secretary considers appropriate.
(2) Increased reliance on professional representative
payees.--
(A) Preference required for organizational representative
payees.--Section 205(j)(2)(C) of such Act (42 U.S.C.
405(j)(2)(C)) is amended by adding at the end the following
new clause:
``(v) In the case of an individual entitled to benefits
based on disability, if alcoholism or drug addiction is a
contributing factor material to the Secretary's determination
that the individual is under a disability, when selecting
such individual's representative payee, preference shall be
given to--
``(I) a community-based nonprofit social service agency
licensed or bonded by the State,
``(II) a Federal, State, or local government agency whose
mission is to carry out income maintenance, social service,
or health care-related activities,
``(III) a State or local government agency with fiduciary
responsibilities, or
``(IV) a designee of an agency (other than of a Federal
agency) referred to in the preceding subclauses of this
clause, if the Secretary deems it appropriate,
unless the Secretary determines that selection of a family
member would be appropriate.''.
(B) Availability of public agencies and other qualified
organizations to serve as representative payees.--
(i) Allowable fees.--Section 205(j)(4)(A) of such Act (42
U.S.C. 405(j)(4)) is amended--
(I) by redesignating clauses (i) and (ii) as subclauses (I)
and (II), respectively;
(II) by inserting ``(i)'' after ``(4)(A)'';
(III) by striking subclause (II) (as redesignated by
subclause (I) of this clause) and inserting the following:
``(II) $25.00 per month ($50.00 per month in any case in
which the individual is entitled to benefits based on
disability and alcoholism or drug addiction is a contributing
factor material to the Secretary's determination that the
individual is under a disability).'';
(IV) by inserting, after and below subclause (II) (as
amended), the following new sentence:
``The Secretary shall adjust annually (after 1995) each
dollar amount set forth in subclause (II) under procedures
providing for adjustments in the same manner and to the same
extent as adjustments are provided for under the procedures
used to adjust benefit amounts under section 215(i)(2)(A),
except that any amount so adjusted that is not a multiple of
$1.00 shall be rounded to the nearest multiple of $1.00.'';
and
(V) by adding at the end the following new clause:
``(ii) In the case of an individual who is no longer
currently entitled to monthly insurance benefits under this
title but to whom all past-due benefits have not been paid,
for purposes of clause (i), any amount of such past-due
benefits payable in any month shall be treated as a monthly
benefit referred to in clause (i)(I).''.
(ii) Inclusion of State and local agencies as qualified
organizations.--Section 205(j)(4)(B) of such Act (42 U.S.C.
405(j)(4)(B))) is amended--
(I) by inserting ``State or local government agency whose
mission is to carry out income maintenance, social service,
or health care-related activities, any State or local
government agency with fiduciary responsibilities, or any''
after ``means any'';
(II) by striking ``representative payee and which,'' and
inserting ``representative payee, if such agency,'';
(III) by striking ``, and'' at the end of clause (ii) and
inserting a period; and
(IV) by striking clause (iii).
(iii) Retroactive repeal of sunset.--Effective July 1,
1994, section 205(j)(4) of such Act (42 U.S.C. 405(j)(4)) is
amended by striking subparagraph (D).
(C) Definition.--Section 205(j) of such Act (42 U.S.C.
405(j)) is amended by adding at the end the following new
paragraph:
``(7) For purposes of this subsection, the term `benefit
based on disability' of an individual means a disability
insurance benefit of such individual under section 223 or a
child's, widow's, or widower's insurance benefit of such
individual under section 202 based on such individual's
disability.''.
(D) Effective date.--Except as provided in subparagraph
(B)(iii), the amendments made by this paragraph shall apply
with respect to months beginning after 90 days after the date
of the enactment of this Act.
(3) Nonpayment or termination of benefits.--
(A) In general.--Section 225 of such Act (42 U.S.C. 425) is
amended--
(i) by striking the heading and inserting the following:
``additional rules relating to benefits based on disability
``Suspension of Benefits'';
(ii) by inserting before subsection (b) the following new
heading:
``Continued Payments During Rehabilitation Program'';
and
(iii) by adding at the end the following new subsection:
[[Page 1562]]
``Nonpayment or Termination of Benefits Where Entitlement Involves
Alcoholism or Drug Addiction
``(c)(1)(A) In the case of any individual entitled to
benefits based on disability, if alcoholism or drug addiction
is a contributing factor material to the Secretary's
determination that such individual is under a disability,
such individual shall comply with the provisions of this
subsection. In any case in which an individual is required to
comply with the provisions of this subsection, the Secretary
shall include, in such individual's notification of
entitlement, a notice informing such individual of such
requirement.
``(B) Notwithstanding any other provision of this title, if
an individual who is required under subparagraph (A) to
comply with the provisions of this subsection is determined
by the Secretary not to be in compliance with the provisions
of this subsection, such individual's benefits based on
disability shall be suspended for a period--
``(i) commencing with the first month following the month
in which such individual is notified by the Secretary of the
determination of noncompliance and that the individual's
benefits will be suspended, and
``(ii) ending with the month preceding the first month,
after the determination of noncompliance, in which such
individual demonstrates that he or she has reestablished and
maintained compliance with such provisions for the applicable
period specified in paragraph (3).
``(2)(A) An individual described in paragraph (1) is in
compliance with the requirements of this subsection for a
month if in such month--
``(i) such individual undergoes substance abuse treatment
which is appropriate for such individual's condition
diagnosed as alcoholism or drug addiction and for the stage
of such individual's rehabilitation and which is conducted at
an institution or facility approved for purposes of this
subsection by the Secretary, and
``(ii) such individual complies in such month with the
terms, conditions, and requirements of such treatment and
with requirements imposed by the Secretary under paragraph
(5).
``(B) An individual described in paragraph (1) may be
determined as failing to comply with the requirements of this
subsection for a month only if treatment meeting the
requirements of subparagraph (A)(i) is available for that
month, as determined pursuant to regulations of the
Secretary.
``(3) The applicable period specified in this paragraph
is--
``(A) 2 consecutive months, in the case of a first
determination that an individual is not in compliance with
the requirements of this subsection,
``(B) 3 consecutive months, in the case of the second such
determination with respect to the individual, or
``(C) 6 consecutive months, in the case of the third or
subsequent such determination with respect to the individual.
``(4) In any case in which an individual's benefit is
suspended for a period of 12 consecutive months for failure
to comply with treatment described in paragraph (2) of this
subsection, the month following such period shall be deemed,
for purposes of section 223(a)(1) or subsection (d)(1)(G)(i),
(e)(1), or (f)(1) of section 202 (as applicable), the
termination month with respect to such entitlement.
``(5)(A) The Secretary shall provide for the monitoring and
testing of individuals who are receiving benefits under this
title and who as a condition of payment of such benefits are
required to be undergoing treatment under paragraph (1) and
complying with the terms, conditions, and requirements
thereof as described in paragraph (2)(A), in order to assure
such compliance.
``(B) The Secretary, in consultation with drug and alcohol
treatment professionals, shall issue regulations--
``(i) defining appropriate treatment for alcoholics and
drug addicts who are subject to appropriate substance abuse
treatment required under this subsection, and
``(ii) establishing guidelines to be used to review and
evaluate their compliance, including measures of the progress
expected to be achieved by participants in such programs.
``(C)(i) For purposes of carrying out the requirements of
subparagraphs (A) and (B), the Secretary shall provide for
the establishment of one or more referral and monitoring
agencies for each State.
``(ii) Each referral and monitoring agency for a State
shall--
``(I) identify appropriate placements, for individuals
residing in such State who are entitled to benefits based on
disability and with respect to whom alcoholism or drug
addiction is a contributing factor material to the
Secretary's determination that they are under a disability,
where they may obtain treatment described in paragraph
(2)(A),
``(II) refer such individuals to such placements for such
treatment, and
``(III) monitor compliance with the requirements of
paragraph (2)(A) by individuals who are referred by the
agency to such placements and promptly report failures to
comply to the Secretary.
``(D) There are authorized to be transferred from the
Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund such sums as are
necessary to carry out the requirements of this paragraph for
referral, monitoring, and testing.
``(6)(A) In the case of any individual who is entitled to a
benefit based on disability for any month, if alcoholism or
drug addiction is a contributing factor material to the
Secretary's determination that the individual is under a
disability, payment of any past-due monthly insurance
benefits under this title to which such individual is
entitled shall be made in any month only to the extent that
the sum of--
``(i) the amount of such past-due benefit paid in such
month, and
``(ii) the amount of any benefit for the preceding month
under such current entitlement which is payable in such
month,
does not exceed, subject to subparagraph (B), twice the
amount of such individual's benefit for the preceding month
(determined without applying any reductions or deductions
under this title).
``(B)(i) In the case of an individual who is no longer
currently entitled to monthly insurance benefits under this
title but to whom any amount of past-due benefits has not
been paid, for purposes of subparagraph (A), such
individual's monthly insurance benefit for such individual's
last month of entitlement shall be treated as such
individual's benefit for the preceding month.
``(ii) For the first month in which an individual's past-
due benefits referred to in subparagraph (A) are paid, the
amount of the limitation provided in subparagraph (A) shall
be increased by the amount of any debts of such individual
related to housing which are outstanding as of the end of the
preceding month and which are resulting in a high risk of
homelessness for such individual.
``(C) Upon the death of an individual to whom payment of
past-due benefits has been limited under subparagraph (A),
any amount of such past-due benefits remaining unpaid shall
be treated as an underpayment for purposes of section 204.
``(D) In the case of an individual who would be entitled to
benefits based on disability but for termination of such
benefits under paragraph (4) or (7), such individual shall be
entitled to payment of past-due benefits under this paragraph
as if such individual continued to be entitled to such
terminated benefits.
``(7)(A) Subject to subparagraph (B), in the case of any
individual entitled to benefits based on disability, if--
``(i) alcoholism or drug addiction is a contributing factor
material to the Secretary's determination that such
individual is under a disability, and
``(ii) as of the end of the 36-month period beginning with
such individual's first month of entitlement, such individual
would not otherwise be disabled but for alcoholism or drug
addiction,
the month following such 36-month period shall be deemed, for
purposes of section 223(a)(1) or subsection (d)(1)(G)(i),
(e)(1), or (f)(1) of section 202 (as applicable), the
termination month with respect to such entitlement. Such
individual whose entitlement is terminated under this
paragraph may not be entitled to benefits based on disability
for any month following such 36-month period if, in such
following month, alcoholism or drug addiction is a
contributing factor material to the Secretary's determination
that such individual is under a disability.
``(B) In determining whether the 36-month period referred
to in subparagraph (A) has elapsed--
``(i) a month shall not be taken into account unless the
Secretary determines, under regulations of the Secretary,
that treatment required under this subsection is available to
the individual for the month, and
``(ii) any month for which a suspension is in effect for
the individual under paragraph (1)(B) shall not be taken into
account.
``(8) Monthly insurance benefits under this title which
would be payable to any individual (other than the disabled
individual to whom benefits are not payable by reason of this
subsection) on the basis of the wages and self-employment
income of such disabled individual but for the provisions of
paragraph (1), (4), or (7) shall be payable as though such
paragraph did not apply.
``(9) For purposes of this subsection, the term `benefit
based on disability' of an individual means a disability
insurance benefit of such individual under section 223 or a
child's, widow's, or widower's insurance benefit of such
individual under section 202 based on the disability of such
individual.''.
(B) Report.--Not later than December 31, 1996, the
Secretary shall submit to the Committee on Ways and Means of
the House of Representatives and the Committee on Finance of
the Senate a full and complete report on the Secretary's
activities under paragraph (5) of section 225(c) of the
Social Security Act (as amended by subparagraph (A)). Such
report shall include the number and percentage of individuals
referred to in such paragraph who have not received regular
drug testing since the effective date of such paragraph.
(C) Sunset of 36-month rule.--Section 225(c)(7) of the
Social Security Act (added by subparagraph (A)) shall cease
to be effective with respect to benefits for months after
September 2004.
(D) Preservation of medicare benefits.--
(i) Section 226 of such Act (42 U.S.C. 426) is amended by
adding at the end the following:
``(i) For purposes of this section, each person whose
monthly insurance benefit for any month is terminated or is
otherwise not payable solely by reason of paragraph (1) or
(7) of section 225(c) shall be treated as entitled to such
benefit for such month.''.
(ii) Section 226A of such Act (42 U.S.C. 426A) is amended
by adding at the end the following:
[[Page 1563]]
``(c) For purposes of this section, each person whose
monthly insurance benefit for any month is terminated or is
otherwise not payable solely by reason of paragraph (1) or
(7) of section 225(c) shall be treated as entitled to such
benefit for such month.''.
(E) Effective date.--
(i) In general.--Except as otherwise provided in this
paragraph, the amendments made by this paragraph shall apply
with respect to benefits based on disability (as defined in
section 225(c)(9) of the Social Security Act, added by this
section) which are otherwise payable in months beginning
after 180 days after the date of the enactment of this Act.
The Secretary of Health and Human Services shall issue
regulations necessary to carry out the amendments made by
this paragraph not later than 180 days after the date of the
enactment of this Act.
(ii) Referral and monitoring agencies.--Section 225(c)(5)
of the Social Security Act (added by this subsection) shall
take effect 180 days after the date of the enactment of this
Act.
(iii) Termination after 36 months.--Section 225(c)(7) of
the Social Security Act (added by this subsection) shall
apply with respect to benefits based on disability (as so
defined) for months beginning after 180 days after the date
of the enactment of this Act.
(F) Transition rules for current beneficiaries.--In any
case in which an individual is entitled to benefits based on
disability, the determination of disability was made by the
Secretary of Health and Human Services during or before the
180-day period following the date of the enactment of this
Act, and alcoholism or drug addiction is a contributing
factor material to the Secretary's determination that the
individual is under a disability--
(i) Treatment requirement.--Paragraphs (1) through (4) of
section 225(c) of the Social Security Act (added by this
subsection) shall apply only with respect to benefits paid in
months after the month in which such individual is notified
by the Secretary in writing that alcoholism or drug addiction
is a contributing factor material to the Secretary's
determination and that such individual is therefore required
to comply with the provisions of section 225(c) of such Act.
(ii) Termination after 36 months.--
(I) In general.--For purposes of section 225(c)(7) of the
Social Security Act (added by this subsection), the first
month of entitlement beginning after 180 days after the date
of the enactment of this Act shall be treated as the
individual's first month of entitlement to such benefits.
(II) Concurrent beneficiaries currently under treatment.--
In any case in which the individual is also entitled to
benefits under title XVI and, as of 180 days after the date
of the enactment of this Act, such individual is undergoing
treatment required under section 1611(e)(3) of the Social
Security Act (as in effect immediately before the date of the
enactment of this Act), the Secretary of Health and Human
Services shall notify such individual of the provisions of
section 225(c)(7) of the Social Security Act (added by this
subsection) not later than 180 days after the date of the
enactment of this Act.
(III) Concurrent beneficiaries not currently under
treatment.--In any case in which the individual is also
entitled to benefits under title XVI but, as of 180 days
after the date of the enactment of this Act, such individual
is not undergoing treatment described in subclause (II),
section 225(c)(7) (added by this subsection) shall apply only
with respect to benefits for months after the month in which
treatment required under section 1611(e)(3) of the Social
Security Act (as amended by subsection (b)) is available, as
determined under regulations of the Secretary of Health and
Human Services, and the Secretary notifies such individual of
the availability of such treatment and describes in such
notification the provisions of section 225(c)(7) of the
Social Security Act (added by this subsection).
(4) Irrelevance of legality of services performed in
determining substantial gainful activity.--
(A) In general.--Section 223(d)(4) of such Act (42 U.S.C.
423(d)(4)) is amended--
(i) by inserting ``(A)'' after ``(4)''; and
(ii) by adding at the end the following new subparagraph:
``(B) In determining under subparagraph (A) when services
performed or earnings derived from services demonstrate an
individual's ability to engage in substantial gainful
activity, the Secretary shall apply the criteria described in
subparagraph (A) with respect to services performed by any
individual without regard to the legality of such
services.''.
(B) Conforming amendment relating to trial work.--Section
222(c)(2) of such Act (42 U.S.C. 422(c)(2)) is amended by
inserting ``(whether legal or illegal)'' after ``activity''.
(C) Effective date.--The amendments made by this paragraph
shall take effect on the date of the enactment of this Act.
(b) Amendments Relating to Supplemental Security Income
Benefits Under Title XVI of the Social Security Act.--
(1) Required payment of benefits to representative
payees.--
(A) In general.--Section 1631(a)(2)(A) of the Social
Security Act (42 U.S.C. 1383(a)(2)(A)) is amended--
(i) in clause (ii)--
(I) by inserting ``(I)'' after ``(ii)'';
(II) by striking ``or in the case of any individual or
eligible spouse referred to in section 1611(e)(3)(A),''; and
(III) by adding after and below the end the following:
``(II) In the case of an individual eligible for benefits
under this title by reason of disability, if alcoholism or
drug addiction is a contributing factor material to the
Secretary's determination that the individual is disabled,
the payment of such benefits to a representative payee shall
be deemed to serve the interest of the individual under this
title. In any case in which such payment is so deemed under
this subclause to serve the interest of an individual, the
Secretary shall include, in the individual's notification of
such eligibility, a notice that alcoholism or drug addiction
is a contributing factor material to the Secretary's
determination that the individual is disabled and that the
Secretary is therefore required to pay the individual's
benefits to a representative payee.''; and
(ii) in clause (iii), by striking ``to the individual or
eligible spouse or to an alternative representative payee of
the individual or eligible spouse'' and inserting ``to an
alternative representative payee of the individual or
eligible spouse or, if the interest of the individual under
this title would be served thereby, to the individual or
eligible spouse''.
(B) Conforming amendment.--Section 1631(a)(2)(B)(viii)(II)
of such Act (42 U.S.C. 1383(a)(2)(B)(viii)(II)) is amended by
striking ``15 years'' and all that follows and inserting ``of
15 years, or (if alcoholism or drug addiction is a
contributing factor material to the Secretary's determination
that the individual is disabled) is eligible for benefits
under this title by reason of disability.''.
(C) Effective date.--The amendments made by this paragraph
shall apply with respect to months beginning after 180 days
after the date of the enactment of this Act.
(2) Increased reliance on professional representative
payees.--
(A) Preference required for organizational representative
payees.--Section 1631(a)(2)(B) of such Act (42 U.S.C.
1383(a)(2)(B)), as amended by paragraph (1)(B) of this
subsection, is amended--
(i) by redesignating clauses (vii) through (xii) as clauses
(viii) through (xiii), respectively;
(ii) by inserting after clause (vi) the following:
``(vii) In the case of an individual eligible for benefits
under this title by reason of disability, if alcoholism or
drug addiction is a contributing factor material to the
Secretary's determination that the individual is disabled,
when selecting such individual's representative payee,
preference shall be given to--
``(I) a community-based nonprofit social service agency
licensed or bonded by the State;
``(II) a Federal, State, or local government agency whose
mission is to carry out income maintenance, social service,
or health care-related activities;
``(III) a State or local government agency with fiduciary
responsibilities; or
``(IV) a designee of an agency (other than of a Federal
agency) referred to in the preceding subclauses of this
clause, if the Secretary deems it appropriate,
unless the Secretary determines that selection of a family
member would be appropriate.'';
(iii) in clause (viii) (as so redesignated), by striking
``clause (viii)'' and inserting ``clause (ix)'';
(iv) in clause (ix) (as so redesignated), by striking
``(vii)'' and inserting ``(viii)'';
(v) in clause (xiii) (as so redesignated)--
(I) by striking ``(xi)'' and inserting ``(xii)''; and
(II) by striking ``(x)'' and inserting ``(xi)''.
(B) Availability of public agencies and other qualified
organizations to serve as representative payees.--
(i) Allowable fees.--Section 1631(a)(2)(D) of such Act (42
U.S.C. 1383(a)(2)(D)) is amended--
(I) in clause (i)--
(aa) by striking subclause (II) and inserting the
following:
``(II) $25.00 per month ($50.00 per month in any case in
which an individual is eligible for benefits under this title
by reason of disability and alcoholism or drug addiction is a
contributing factor material to the Secretary's determination
that the individual is disabled).''; and
(bb) by inserting after the 1st sentence the following:
``The Secretary shall adjust annually (after 1995) each
dollar amount set forth in subclause (II) of this clause
under procedures providing for adjustments in the same manner
and to the same extent as adjustments are provided for under
the procedures used to adjust benefit amounts under section
215(i)(2)(A), except that any amount so adjusted that is not
a multiple of $1.00 shall be rounded to the nearest multiple
of $1.00.''; and
(II) by adding at the end the following:
``(v) In the case of an individual who is no longer
eligible for benefits under this title but to whom any amount
of past-due benefits under this title has not been paid, for
purposes of clause (i), any amount of such past-due benefits
payable in any month shall be treated as a monthly benefit
referred to in clause (i)(I).''.
(ii) Inclusion of state and local agencies as qualified
organizations.--Section 1631(a)(2)(D)(ii) of such Act (42
U.S.C. 1383(a)(2)(D)(ii)) is amended--
(I) by inserting ``State or local government agency whose
mission is to carry out income maintenance, social service,
or health care-related activities, any State or local
government agency with fiduciary responsibilities, or any''
after ``means any'';
[[Page 1564]]
(II) by inserting a comma after ``service agency'';
(III) by adding ``and'' at the end of subclause (I); and
(IV) in subclause (II)--
(aa) by adding ``and'' at the end of item (aa);
(bb) by striking ``; and'' at the end of item (bb) and
inserting a period; and
(cc) by striking item (cc).
(iii) Retroactive repeal of sunset.--
(I) Repeal.--Effective July 1, 1994, section 1631(a)(2)(D)
of such Act (42 U.S.C. 1383(a)(2)(D)) is amended by striking
clause (iv).
(II) Conforming amendment.--Section 1631(a)(2)(D) of such
Act (42 U.S.C. 1383(a)(2)(D)) is amended by redesignating
clause (v) (as added by clause (i)(II) of this subparagraph)
as clause (iv).
(C) Effective date.--Except as provided in subparagraph
(B)(iii)(I), the amendments made by this paragraph shall
apply with respect to months beginning after 90 days after
the date of the enactment of this Act.
(3) Nonpayment or termination of benefits.--
(A) In general.--Section 1611(e)(3)(A) of such Act (42
U.S.C. 1382(e)(3)(A)) is amended to read as follows:
``(A)(i)(I) In the case of any individual eligible for
benefits under this title solely by reason of disability, if
alcoholism or drug addiction is a contributing factor
material to the Secretary's determination that the individual
is disabled, the individual shall comply with the provisions
of this subparagraph. In any case in which an individual is
required to comply with the provisions of this subparagraph,
the Secretary shall include in the individual's notification
of such eligibility a notice informing the individual of such
requirement.
``(II) Notwithstanding any other provision of this title,
if an individual who is required under subclause (I) to
comply with the requirements of this subparagraph is
determined by the Secretary not to be in compliance with the
provisions of this subparagraph, the individual's benefits
under this title by reason of disability shall be suspended
for a period--
``(aa) commencing with the first month following the month
in which the individual is notified by the Secretary of the
determination of noncompliance and that the individual's
benefits will be suspended; and
``(bb) ending with the month preceding the first month,
after the determination of noncompliance, in which the
individual demonstrates that he or she has reestablished and
maintained compliance with such provisions for the applicable
period specified in clause (iii).
``(ii)(I) An individual described in clause (i) is in
compliance with the requirements of this subparagraph for a
month if in such month--
``(aa) the individual undergoes substance abuse treatment,
which is appropriate for the individual's condition diagnosed
as alcoholism or drug addiction and for the stage of the
individual's rehabilitation and which is conducted at an
institution or facility approved for purposes of this
subparagraph by the Secretary; and
``(bb) the individual complies in such month with the
terms, conditions, and requirements of the treatment and with
requirements imposed by the Secretary under this paragraph.
``(II) An individual described in clause (i) may be
determined as failing to comply with the requirements of this
subparagraph for a month only if treatment meeting the
requirements of subclause (I)(aa) is available for the month,
as determined pursuant to regulations of the Secretary.
``(iii) The applicable period specified in this clause is--
``(I) 2 consecutive months, in the case of a 1st
determination that an individual is not in compliance with
the requirements of this subparagraph;
``(II) 3 consecutive months, in the case of the 2nd such
determination with respect to the individual; or
``(III) 6 consecutive months, in the case of the 3rd or
subsequent such determination with respect to the individual.
``(iv) An individual who is not in compliance with this
paragraph for 12 consecutive months shall not be eligible for
supplemental security income benefits under this title. The
preceding sentence shall not be construed to prevent the
individual from reapplying and becoming eligible for such
benefits.
``(v)(I) In the case of any individual eligible for
benefits under this title by reason of disability, if--
``(aa) alcoholism or drug addiction is a contributing
factor material to the Secretary's determination that the
individual is disabled; and
``(bb) as of the end of the 36-month period beginning with
the 1st month for which such benefits by reason of disability
are payable to the individual, the individual would not
otherwise be disabled but for alcoholism or drug addiction,
the individual shall not be eligible for such benefits by
reason of disability for any month following such 36-month
period if, in such following month, alcoholism or drug
addiction would be a contributing factor material to the
Secretary's determination that the individual is disabled,
notwithstanding section 1619(a).
``(II) An individual whose entitlement to benefits under
title II based on disability has been terminated by reason of
section 225(c)(7) shall not be eligible for benefits under
this title by reason of disability, if alcoholism or drug
addiction is a contributing factor material to the
Secretary's determination that the individual is disabled,
for any month after the individual's termination month
(within the meaning of section 223(a)(1) or subsection
(d)(1)(G)(i), (e)(1), or (f)(1) of section 202, as
applicable) with respect to such benefits.
``(III) Any month for which a suspension is in effect for
the individual under clause (i)(II) shall not be taken into
account in determining whether any 36-month period referred
to in this clause has elapsed.
``(vi)(I) In the case of any individual who is eligible for
benefits under this title for any month solely by reason of
disability, if alcoholism or drug addiction is a contributing
factor material to the Secretary's determination that the
individual is disabled, payment of any benefits under this
title the payment of which is past due shall be made in any
month only to the extent that the sum of--
``(aa) the amount of the past-due benefit paid in the
month; and
``(bb) the amount of any benefit under this title which is
payable to the individual for the month,
does not exceed twice the maximum benefit payable under this
title to an eligible individual for the preceding month.
``(II) For the first month in which an individual's past-
due benefits referred to in subclause (I) are paid, the
amount of the limitation provided in subclause (I) shall be
increased by the amount of any debts of the individual
related to housing which are outstanding as of the end of the
preceding month and which are resulting in a high risk of
homelessness for the individual.
``(III) Upon the death of an individual to whom payment of
past-due benefits has been
limited under subclause (I), any amount of such past-due
benefits remaining unpaid shall be treated as an underpayment
for purposes of section 1631(b)(1)(A).
``(IV) As used in this clause, the term `benefits under
this title' includes supplementary payments pursuant to an
agreement for Federal administration under section 1616(a),
and payments pursuant to an agreement entered into under
section 212(b) of Public Law 93-66.
``(V) In the case of an individual who would be eligible
for benefits under this title by reason of disability but for
termination of such benefits under clause (iv) or (v), the
individual shall be eligible for payment of past-due benefits
under this clause as if the individual continued to be
eligible for such terminated benefits.
``(VI) Subclause (I) shall not apply to payments under
section 1631(g).''.
(B) Referral, monitoring, and treatment.--
(i) In general.--Section 1611(e)(3)(B) of such Act (42
U.S.C. 1382(e)(3)(B)) is amended--
(I) by inserting ``(i)'' after ``(B)'';
(II) by striking the 2nd sentence; and
(III) by adding after and below the end following:
``(ii) The Secretary, in consultation with drug and alcohol
treatment professionals, shall issue regulations--
``(I) defining appropriate treatment for alcoholics and
drug addicts who are subject to required appropriate
substance abuse treatment under this subparagraph; and
``(II) establishing guidelines to be used to review and
evaluate their compliance, including measures of the progress
expected to be achieved by participants in such programs.
``(iii)(I) For purposes of carrying out the requirements of
clauses (i) and (ii), the Secretary shall provide for the
establishment of 1 or more referral and monitoring agencies
for each State.
``(II) Each referral and monitoring agency for a State
shall--
``(aa) identify appropriate placements, for individuals
residing in the State who are eligible for benefits under
this title by reason of disability and with respect to whom
alcoholism or drug addiction is a contributing factor
material to the Secretary's determination that they are
disabled, where they may obtain treatment described in
subparagraph (A)(ii)(I);
``(bb) refer such individuals to such placements for such
treatment; and
``(cc) monitor compliance with the requirements of
subparagraph (A) by individuals who are referred by the
agency to such placements, and promptly report to the
Secretary any failure to comply with such requirements.''.
(ii) Report.--Not later than December 31, 1996, the
Secretary shall submit to the Committee on Ways and Means of
the House of Representatives and the Committee on Finance of
the Senate a full and complete report on the Secretary's
activities under section 1611(e)(3)(B) of the Social Security
Act. The report shall include the number and percentage of
individuals referred to in such paragraph who have not
received regular drug testing since the effective date of the
amendments made by clause (i) of this subparagraph.
(C) Sunset of 36-month rule.--Section 1611(e)(3)(A)(v) of
the Social Security Act (added by subparagraph (A) of this
paragraph) shall cease to be effective with respect to
benefits for months after September 2004.
(D) Preservation of medicaid benefits.--Section 1634 of
such Act (42 U.S.C. 13283c) is amended by adding at the end
the following:
[[Page 1565]]
``(e) Each person to whom benefits under this title by
reason of disability are not payable for any month solely by
reason of clause (i) or (v) of section 1611(e)(3)(A) shall be
treated, for purposes of title XIX, as receiving benefits
under this title for the month.''.
(E) Effective date.--
(i) In general.--Except as otherwise provided in this
paragraph, the amendments made by this paragraph shall apply
with respect to supplemental security income benefits under
title XVI of the Social Security Act by reason of disability
which are otherwise payable in months beginning after 180
days after the date of the enactment of this Act. The
Secretary of Health and Human Services shall issue
regulations necessary to carry out the amendments made by
this paragraph not later than 180 days after such date of
enactment.
(ii) Referral and monitoring agencies.--The amendments made
by subparagraph (B) shall take effect 180 days after the date
of the enactment of this Act.
(iii) Termination after 36 months.--Clause (v) of section
1611(e)(3)(A) of the Social Security Act (added by the
amendment made by subparagraph (A) of this paragraph) shall
apply with respect to supplemental security income benefits
under title XVI of the Social Security Act by reason of
disability for months beginning after 180 days after the date
of the enactment of this Act.
(F) Transition rules for current beneficiaries.--In any
case in which an individual is eligible for supplemental
security income benefits under title XVI of the Social
Security Act by reason of disability, the determination of
disability was made by the Secretary of Health and Human
Services during or before the 180-day period following the
date of the enactment of this Act, and alcoholism or drug
addiction is a contributing factor material to the
Secretary's determination that the individual is disabled,
for purposes of section 1611(e)(3)(A)(v) of the Social
Security Act (added by the amendment made by subparagraph (A)
of this paragraph)--
(i) the first month of such eligibility beginning after 180
days after the date of the enactment of this Act shall be
treated as the individual's first month of such eligibility;
and
(ii) the Secretary shall notify the individual of the
requirements of the amendments made by this paragraph no
later than 180 days after the date of the enactment of this
Act.
(4) Irrelevance of legality of substantial gainful
activity.--
(A) In general.--Section 1614(a)(3)(D) of such Act (42
U.S.C. 1382c(a)(3)(D)) is amended by adding at the end the
following: ``The Secretary shall make determinations under
this title with respect to substantial gainful activity,
without regard to the legality of the activity.''.
(B) Effective date.--The amendment made by subparagraph (A)
shall take effect on the date of the enactment of this Act.
(c) Demonstration Projects.--
(1) In general.--The Secretary of Health and Human Services
shall develop and carry out demonstration projects designed
to explore innovative referral, monitoring, and treatment
approaches with respect to--
(A) individuals who are entitled to disability insurance
benefits or child's, widow's, or widower's insurance benefits
based on disability under title II of the Social Security
Act, and
(B) individuals who are eligible for supplemental security
income benefits under title XVI of such Act based solely on
disability,
in cases in which alcoholism or drug addiction is a
contributing factor material to the Secretary's determination
that individuals are under a disability. The Secretary may
include in such demonstration projects individuals who are
not described in either subparagraph (A) or subparagraph (B)
if the inclusion of such individuals is necessary to
determine the efficacy of various monitoring, referral, and
treatment approaches for individuals described in
subparagraph (A) or (B).
(2) Scope.--The demonstration projects developed under
paragraph (1) shall be of sufficient scope and shall be
carried out on a wide enough scale to permit a thorough
evaluation of the alternative approaches under consideration
while giving assurance that the results derived from the
projects will obtain generally in the operation of the
programs involved without committing such programs to the
adoption of any particular system either locally or
nationally.
(3) Final report.--The Secretary shall submit to the
Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate no later than
December 31, 1997, a final report on the demonstration
projects carried out under this subsection, together with any
related data and materials which the Secretary may consider
appropriate. The authority under this section shall terminate
upon the transmittal of such final report.
SEC. 202. COMMISSION ON CHILDHOOD DISABILITY.
(a) Establishment of Commission.--The Secretary of Health
and Human Services (in this section referred to as the
``Secretary'') shall appoint a Commission on the Evaluation
of Disability in Children (in this section referred to as the
``Commission'').
(b) Appointment of Members.--(1) The Secretary shall
appoint not less than 9 but not more than 15 members to the
Commission, including--
(A) recognized experts in the field of medicine, whose work
involves--
(i) the evaluation and treatment of disability in children;
(ii) the study of congenital, genetic, or perinatal
disorders in children; or
(iii) the measurement of developmental milestones and
developmental deficits in children; and
(B) recognized experts in the fields of--
(i) psychology;
(ii) education and rehabilitation;
(iii) law;
(iv) the administration of disability programs; and
(v) social insurance (including health insurance); and
(C) other fields of expertise that the Secretary determines
to be appropriate.
(2) Members shall be appointed by January 1, 1995, without
regard to the provisions of title 5, United States Code,
governing appointments to competitive service.
(3) Members appointed under this subsection shall serve for
a term equivalent to the duration of the Commission.
(4) The Secretary shall designate a member of the
Commission to serve as Chair of the Commission for a term
equivalent to the duration of the Commission.
(c) Administrative Provisions.--(1) Service as a member of
the Commission by an individual who is not otherwise a
Federal employee shall not be considered service in an
appointive or elective position in the Federal Government for
the purposes of title 5, United States Code.
(2) Each member of the Commission who is not a full-time
Federal employee shall be paid compensation at a rate equal
to the daily equivalent of the rate of basic pay in effect
for Level IV of the Executive Schedule for each day
(including travel time) the member attends meetings or
otherwise performs the duties of the Commission.
(3) While away from their homes or regular places of
business on the business of the Commission, each member who
is not a full-time Federal employee may be allowed travel
expenses, including per diem in lieu of subsistence, as
authorized by section 5703 of title 5, United States Code,
for persons employed intermittently in the Government
service.
(d) Assistance to Commission.--The Commission may engage
individuals skilled in medical and other aspects of childhood
disability to provide such technical assistance as may be
necessary to carry out the functions of the Commission. The
Secretary shall make available to the Commission such
secretarial, clerical, and other assistance as the Commission
may require to carry out the functions of the Commission.
(e) Study by the Commission.--(1) The Commission shall
conduct a study, in consultation with the National Academy of
Sciences, of the effects of the definition of ``disability''
under title XVI of the Social Security Act (42 U.S.C. 1382 et
seq.) in effect on the date of enactment of this Act, as such
definition applies to determining whether a child under the
age of 18 is eligible to receive benefits under such title,
the appropriateness of such definition, and the advantages
and disadvantages of using any alternative definition of
disability in determining whether a child under age 18 is
eligible to receive benefits under such title.
(2) The study described in paragraph (1) shall include
issues of--
(A) whether the need by families for assistance in meeting
high costs of medical care for children with serious physical
or mental impairments, whether or not they are eligible for
disability benefits under title XVI of the Social Security
Act, might appropriately be met through expansion of Federal
health assistance programs;
(B) the feasibility of providing benefits to children
through noncash means, including but not limited to vouchers,
debit cards, and electronic benefit transfer systems;
(C) the extent to which the Social Security Administration
can involve private organizations in an effort to increase
the provision of social services, education, and vocational
instruction with the aim of promoting independence and the
ability to engage in substantial gainful activity;
(D) alternative ways and providing retroactive supplemental
security income benefits to disabled children, including the
desirability and feasibility of conserving some portion of
such benefits to promote the long-term well-being of such
children;
(E) the desirability and methods of increasing the extent
to which benefits are used in the effort to assist disabled
children in achieving independence and engaging in
substantial gainful activity;
(F) the effects of the supplemental security income program
on disabled children and their families; and
(G) such other issues that the Secretary determines to be
appropriate.
(f) Report.--Not later than November 30, 1995, the
Commission shall prepare a report and submit such report to
the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate
which shall summarize the results of the study described in
subsection (e) and include any recommendations that the
Commission determines to be appropriate.
SEC. 203. REGULATIONS REGARDING COMPLETION OF PLANS FOR
ACHIEVING SELF-SUPPORT.
(a) In General.--Section 1633 of the Social Security Act
(42 U.S.C. 1383b) is amended by adding at the end the
following:
``(d) The Secretary shall establish by regulation criteria
for time limits and other cri-
[[Page 1566]]
teria related to individuals' plans for achieving self-
support, that take into account--
``(1) the length of time that the individual will need to
achieve the individual's employment goal (within such
reasonable period as the Secretary may establish); and
``(2) other factors determined by the Secretary to be
appropriate.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on January 1, 1995.
SEC. 204. SSI ELIGIBILITY FOR STUDENTS TEMPORARILY ABROAD.
(a) In General.--Section 1611(f) of the Social Security Act
(42 U.S.C. 1382(f)) is amended--
(1) by inserting ``(1)'' after ``(f)''; and
(2) by adding after and below the end the following:
``(2) For a period of not more than 1 year, the first
sentence of paragraph (1) shall not apply to any individual
who--
``(A) was eligible to receive a benefit under this title
for the month immediately preceding the first month during
all of which the individual was outside the United States;
and
``(B) demonstrates to the satisfaction of the Secretary
that the absence of the individual from the United States
will be--
``(i) for not more than 1 year; and
``(ii) for the purpose of conducting studies as part of an
educational program that is--
``(I) designed to substantially enhance the ability of the
individual to engage in gainful employment;
``(II) sponsored by a school, college, or university in the
United States; and
``(III) not available to the individual in the United
States.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on January 1, 1995.
SEC. 205. DISREGARD OF COST-OF-LIVING INCREASES FOR CONTINUED
ELIGIBILITY FOR WORK INCENTIVES.
(a) In General.--Section 1619(b)(1)(B) of the Social
Security Act (42 U.S.C. 1382h(b)(1)(B)) is amended by
inserting ``and increases pursuant to section 215(i) in the
level of monthly insurance benefits to which the individual
is entitled under title II that occur while such individual
is considered to be receiving supplemental security income
benefits by reason of this subsection'' after ``earnings''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to eligibility determinations for months after
December 1994.
SEC. 206. EXPANSION OF THE AUTHORITY OF THE SOCIAL SECURITY
ADMINISTRATION TO PREVENT, DETECT, AND
TERMINATE FRAUDULENT CLAIMS FOR OASDI AND SSI
BENEFITS.
(a) Prevention of Fraud by Translators of Foreign
Languages.--
(1) OASDI programs.--Section 205(c) of the Social Security
Act (42 U.S.C. 405(c)) is amended--
(A) by redesignating paragraph (8) as paragraph (9); and
(B) by inserting after paragraph (7) the following:
``(8) A translation into English by a third party of a
statement made in a foreign language by an applicant for or
beneficiary of monthly insurance benefits under this title
shall not be regarded as reliable for any purpose under this
title unless the third party, under penalty of perjury--
``(A) certifies that the translation is accurate; and
``(B) discloses the nature and scope of the relationship
between the third party and the applicant or recipient, as
the case may be.''.
(2) SSI program.--Section 1631(e) of such Act (42 U.S.C.
1383(e)) is amended by inserting after paragraph (3) the
following:
``(4) A translation into English by a third party of a
statement made in a foreign language by an applicant for or
recipient of benefits under this title shall not be regarded
as reliable for any purpose under this title unless the third
party, under penalty of perjury--
``(A) certifies that the translation is accurate; and
``(B) discloses the nature and scope of the relationship
between the third party and the applicant or recipient, as
the case may be.''.
(3) Effective date.--The amendments made by this subsection
shall apply to translations made on or after October 1, 1994.
(b) Civil Monetary Penalties, Assessments, and Exclusions
for Titles II and XVI.--
(1) In general.--Title XI of the Social Security Act (42
U.S.C. 1301 et seq.) is amended by inserting after section
1128B the following:
``SEC. 1129. CIVIL MONETARY PENALTIES AND ASSESSMENTS FOR
TITLES II AND XVI.
``(a)(1) Any person (including an organization, agency, or
other entity) who makes, or causes to be made, a statement or
representation of a material fact for use in determining any
initial or continuing right to or the amount of--
``(A) monthly insurance benefits under title II, or
``(B) benefits or payments under title XVI,
that the person knows or should know is false or misleading
or knows or should know omits a material fact or makes such a
statement with knowing disregard for the truth shall be
subject to, in addition to any other penalties that may be
prescribed by law, a civil money penalty of not more than
$5,000 for each such statement or representation. Such person
also shall be subject to an assessment, in lieu of damages
sustained by the United States because of such statement or
representation, of not more than twice the amount of benefits
or payments paid as a result of such a statement or
representation. In addition, the Secretary may make a
determination in the same proceeding to exclude, as provided
in section 1128, such a person who is a medical provider or
physician from participation in the programs under title
XVIII and to direct the appropriate State agency to exclude
the person from participation in any State health care
program permanently or for such period as the Secretary
determines.
``(2) For purposes of this section, a material fact is one
which the Secretary may consider in evaluating whether an
applicant is entitled to benefits under title II or eligible
for benefits or payments under title XVI.
``(b)(1) The Secretary may initiate a proceeding to
determine whether to impose a civil money penalty or
assessment, or whether to recommend exclusion under
subsection (a) only as authorized by the Attorney General
pursuant to procedures agreed upon by the Secretary and the
Attorney General. The Secretary may not initiate an action
under this section with respect to any violation described in
subsection (a) later than 6 years after the date the
violation was committed. The Secretary may initiate an action
under this section by serving notice of the action in any
manner authorized by Rule 4 of the Federal Rules of Civil
Procedure.
``(2) The Secretary shall not make a determination adverse
to any person under this section until the person has been
given written notice and an opportunity for the determination
to be made on the record after a hearing at which the person
is entitled to be represented by counsel, to present
witnesses, and to cross-examine witnesses against the person.
``(3) In a proceeding under this section which--
``(A) is against a person who has been convicted (whether
upon a verdict after trial or upon a plea of guilty or nolo
contendere) of a Federal or State crime charging fraud or
false statements; and
``(B) involves the same transaction as in the criminal
action;
the person is estopped from denying the essential elements of
the criminal offense.
``(4) The official conducting a hearing under this section
may sanction a person, including any party or attorney, for
failing to comply with an order or procedure, for failing to
defend an action, or for such other misconduct as would
interfere with the speedy, orderly, or fair conduct of the
hearing. Such sanction shall reasonably relate to the
severity and nature of the failure or misconduct. Such
sanction may include--
``(A) in the case of refusal to provide or permit
discovery, drawing negative factual inference or treating
such refusal as an admission by deeming the matter, or
certain facts, to be established;
``(B) prohibiting a party from introducing certain evidence
or otherwise supporting a particular claim or defense;
``(C) striking pleadings, in whole or in part;
``(D) staying the proceedings;
``(E) dismissal of the action;
``(F) entering a default judgment;
``(G) ordering the party or attorney to pay attorneys' fees
and other costs caused by the failure or misconduct; and
``(H) refusing to consider any motion or other action which
is not filed in a timely manner.
``(c) In determining pursuant to subsection (a) the amount
or scope of any penalty or assessment, or whether to
recommend an exclusion, the Secretary shall take into
account--
``(1) the nature of the statements and representations
referred to in subsection (a) and the circumstances under
which they occurred;
``(2) the degree of culpability, history of prior offenses,
and financial condition of the person committing the offense;
and
``(3) such other matters as justice may require.
``(d)(1) Any person adversely affected by a determination
of the Secretary under this section may obtain a review of
such determination in the United States Court of Appeals for
the circuit in which the person resides, or in which the
statement or representation referred to in subsection (a) was
made, by filing in such court (within 60 days following the
date the person is notified of the Secretary's determination)
a written petition requesting that the determination be
modified or set aside. A copy of the petition shall be
forthwith transmitted by the clerk of the court to the
Secretary, and thereupon the Secretary shall file in the
court the record in the proceeding as provided in section
2112 of title 28, United States Code. Upon such filing, the
court shall have jurisdiction of the proceeding and of the
question determined therein, and shall have the power to make
and enter upon the pleadings, testimony, and proceedings set
forth in such record a decree affirming, modifying, remanding
for further consideration, or setting aside, in whole or in
part, the determination of the Secretary and enforcing the
same to the extent that such order is affirmed or modified.
No objection that has not been urged before the Secretary
shall be considered by the court, unless the failure or
neglect to urge such objection shall be excused because of
extraordinary circumstances.
``(2) The findings of the Secretary with respect to
questions of fact, if supported by substantial evidence on
the record considered as a whole, shall be conclusive in the
review described in paragraph (1). If any party shall apply
to the court for leave to adduce
[[Page 1567]]
additional evidence and shall show to the satisfaction of the
court that such additional evidence is material and that
there were reasonable grounds for the failure to adduce such
evidence in the hearing before the Secretary, the court may
order such additional evidence to be taken before the
Secretary and to be made a part of the record. The Secretary
may modify such findings as to the facts, or make new
findings, by reason of additional evidence so taken and
filed, and the Secretary shall file with the court such
modified or new findings, which findings with respect to
questions of fact, if supported by substantial evidence on
the record considered as a whole shall be conclusive, and the
Secretary's recommendations, if any, for the modification or
setting aside of the Secretary's original order.
``(3) Upon the filing of the record and the Secretary's
original or modified order with the court, the jurisdiction
of the court shall be exclusive and its judgment and decree
shall be final, except that the same shall be subject to
review by the Supreme Court of the United States, as provided
in section 1254 of title 28, United States Code.
``(e)(1) Civil money penalties and assessments imposed
under this section may be compromised by the Secretary and
may be recovered--
``(A) in a civil action in the name of the United States
brought in United States district court for the district
where the statement or representation referred to in
subsection (a) was made, or where the person resides, as
determined by the Secretary;
``(B) by means of reduction in tax refunds to which the
person is entitled, based on notice to the Secretary of the
Treasury as permitted under section 3720A of title 31, United
States Code;
``(C)(i) by decrease of any payment of monthly insurance
benefits under title II, notwithstanding section 207, or
``(ii) by decrease of any payment under title XVI for which
the person is eligible, notwithstanding section 207, as made
applicable to title XVI by reason of section 1631(d)(1);
``(D) by authorities provided under the Debt Collection Act
of 1982, as amended, to the extent applicable to debts
arising under the Social Security Act;
``(E) by deduction of the amount of such penalty or
assessment, when finally determined, or the amount agreed
upon in compromise, from any sum then or later owing by the
United States to the person against whom the penalty or
assessment has been assessed; or
``(F) by any combination of the foregoing.
``(2) Amounts recovered under this section shall be
recovered by the Secretary and shall be disposed of as
follows:
``(A) In the case of amounts recovered arising out of a
determination relating to title II, the amounts shall be
transferred to the Managing Trustee of the Federal Old-Age
and Survivors Insurance Trust Fund or the Federal Disability
Insurance Trust Fund, as determined appropriate by the
Secretary, and such amounts shall be deposited by the
Managing Trustee into such Trust Fund.
``(B) In the case of amounts recovered arising out of a
determination relating to title XVI, the amounts shall be be
deposited by the Secretary into the general fund of the
Treasury as miscellaneous receipts.
``(f) A determination pursuant to subsection (a) by the
Secretary to impose a penalty or assessment, or to recommend
an exclusion shall be final upon the expiration of the 60-day
period referred to in subsection (d). Matters that were
raised or that could have been raised in a hearing before the
Secretary or in an appeal pursuant to subsection (d) may not
be raised as a defense to a civil action by the United States
to collect a penalty or assessment imposed under this
section.
``(g) Whenever the Secretary's determination to impose a
penalty or assessment under this section with respect to a
medical provider or physician becomes final, the provisions
of section 1128A(h) shall apply.
``(h) Whenever the Secretary has reason to believe that any
person has engaged, is engaging, or is about to engage in any
activity which makes the person subject to a civil monetary
penalty under this section, the Secretary may bring an action
in an appropriate district court of the United States (or, if
applicable, a United States court of any territory) to enjoin
such activity, or to enjoin the person from concealing,
removing, encumbering, or disposing of assets which may be
required in order to pay a civil monetary penalty and
assessment if any such penalty were to be imposed or to seek
other appropriate relief.
``(i)(1) The provisions of subsections (d) and (e) of
section 205 shall apply with respect to this section to the
same extent as they are applicable with respect to title II.
The Secretary may delegate the authority granted by section
205(d) (as made applicable to this section) to the Inspector
General for purposes of any investigation under this section.
``(2) The Secretary may delegate authority granted under
this section to the Inspector General.
``(j) For purposes of this section, the term `State agency'
shall have the same meaning as in section 1128A(i)(1).
``(k) A principal is liable for penalties and assessments
under subsection (a), and for an exclusion under section
1128, for the actions of the principal's agent acting within
the scope of the agency.''.
(2) Conforming amendments.--Section 1128 of such Act (42
U.S.C. 1320a-7) is amended--
(A) in subsection (b)(7), by striking ``or section 1128B''
and inserting ``, 1128B, or 1129'';
(B) in subsection (b)(8)(B)(ii), by inserting ``or 1129''
after ``section 1128A''; and
(C) in subsection (f)(3), by inserting ``, 1129,'' after
``sections 1128A''.
(3) Effective date.--The amendments made by this subsection
shall apply to conduct occurring on or after October 1, 1994.
(c) SSI Fraud Considered a Felony.--
(1) In general.--Section 1632(a) of the Social Security Act
(42 U.S.C. 1383a(a)) is amended by striking ``shall'' the 1st
place such term appears and all that follows and inserting
``shall be fined under title 18, United States Code,
imprisoned not more than 5 years, or both.''.
(2) Conforming amendment.--Section 1632(b) of such Act (42
U.S.C. 1383a(b)) is amended to read as follows:
``(b)(1) If a person or entity violates subsection (a) in
the person's or entity's role as, or in applying to become, a
representative payee under section 1631(a)(2) on behalf of
another individual (other than the person's eligible spouse),
and the violation includes a willful misuse of funds by the
person or entity, the court may also require that full or
partial restitution of funds be made to such other
individual.
``(2) Any person or entity convicted of a violation of
subsection (a) of this section or of section 208 may not be
certified as a representative payee under section
1631(a)(2).''.
(3) Effective date.--The amendments made by this subsection
shall apply to conduct occurring on or after October 1, 1994.
(d) Authority to Redetermine Eligibility if Fraud is
Involved, and to Terminate Benefits if There is Insufficient
Reliable Evidence.--
(1) OASDI programs.--Section 205 of the Social Security Act
(42 U.S.C. 405) is amended by adding at the end the
following:
``(u)(1)(A) The Secretary shall immediately redetermine the
entitlement of individuals to monthly insurance benefits
under this title if there is reason to believe that fraud or
similar fault was involved in the application of the
individual for such benefits, unless a United States
attorney, or equivalent State prosecutor, with jurisdiction
over potential or actual related criminal cases, certifies,
in writing, that there is a substantial risk that such action
by the Secretary with regard to beneficiaries in a particular
investigation would jeopardize the criminal prosecution of a
person involved in a suspected fraud.
``(B) When redetermining the entitlement, or making an
initial determination of entitlement, of an individual under
this title, the Secretary shall disregard any evidence if
there is reason to believe that fraud or similar fault was
involved in the providing of such evidence.
``(2) For purposes of paragraph (1), similar fault is
involved with respect to a determination if--
``(A) an incorrect or incomplete statement that is material
to the determination is knowingly made; or
``(B) information that is material to the determination is
knowingly concealed.
``(3) If, after redetermining pursuant to this subsection
the entitlement of an individual to monthly insurance
benefits, the Secretary determines that there is insufficient
evidence to support such entitlement, the Secretary may
terminate such entitlement and may treat benefits paid on the
basis of such insufficient evidence as overpayments.''.
(2) SSI program.--Section 1631(e) of such Act (42 U.S.C.
1383(e)) is amended by adding at the end the following:
``(6)(A)(i) The Secretary shall immediately redetermine the
eligibility of an individual for benefits under this title if
there is reason to believe that fraud or similar fault was
involved in the application of the individual for such
benefits, unless a United States attorney, or equivalent
State prosecutor, with jurisdiction over potential or actual
related criminal cases, certifies, in writing, that there is
a substantial risk that such action by the Secretary with
regard to recipients in a particular investigation would
jeopardize the criminal prosecution of a person involved in a
suspected fraud.
``(ii) When redetermining the eligibility, or making an
initial determination of eligibility, of an individual for
benefits under this title, the Secretary shall disregard any
evidence if there is reason to believe that fraud or similar
fault was involved in the providing of such evidence.
``(B) For purposes of subparagraph (A), similar fault is
involved with respect to a determination if--
``(i) an incorrect or incomplete statement that is material
to the determination is knowingly made; or
``(ii) information that is material to the determination is
knowingly concealed.
``(C) If, after redetermining the eligibility of an
individual for benefits under this title, the Secretary
determines that there is insufficient evidence to support
such eligibility, the Secretary may terminate such
eligibility and may treat benefits paid on the basis of such
insufficient evidence as overpayments.''.
(3) Effective date.--The amendments made by this subsection
shall take effect on October 1, 1994, and shall apply to
determinations made before, on, or after such date.
(e) Availability of Recipient Identifying Information From
the Inspector General.--
(1) In general.--Section 1129 of the Social Security Act
(added by subsection (b) of this section) is amended by
adding at the end the following:
``(l) As soon as the Inspector General, Department of
Health and Human Services, has
[[Page 1568]]
reason to believe that fraud was involved in the application
of an individual for monthly insurance benefits under title
II or for benefits under title XVI, the Inspector General
shall make available to the Secretary information identifying
the individual, unless a United States attorney, or
equivalent State prosecutor, with jurisdiction over potential
or actual related criminal cases, certifies, in writing, that
there is a substantial risk that making the information so
available in a particular investigation or redetermining the
eligibility of the individual for such benefits would
jeopardize the criminal prosecution of any person who is a
subject of the investigation from which the information is
derived.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on October 1, 1994.
(f) Authority to Use Available Preadmission Immigrant and
Refugee Medical Information.--
(1) In general.--Section 1631(e) of the Social Security Act
(42 U.S.C. 1383(e)) as amended by subsection (d)(2) of this
section, is amended by adding at the end the following:
``(7)(A) The Secretary shall request the Immigration and
Naturalization Service or the Centers for Disease Control to
provide the Secretary with whatever medical information,
identification information, and employment history either
such entity has with respect to any alien who has applied for
benefits under title XVI to the extent that the information
is relevant to any determination relating to eligibility for
such benefits under title XVI.
``(B) Subparagraph (A) shall not be construed to prevent
the Secretary from adjudicating the case before receiving
such information.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on October 1, 1994.
(g) Annual Reports on Reviews of OASDI and SSI Cases.--The
Secretary of Health and Human Services shall annually submit
to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a
report on the extent to which the Secretary has exercised his
authority to review cases of entitlement to monthly insurance
benefits under title II of the Social Security Act and
supplemental security income cases under title XVI of such
Act, and the extent to which the cases reviewed were those
that involved a high likelihood or probability of fraud.
SEC. 207. DISABILITY REVIEW REQUIRED FOR SSI RECIPIENTS WHO
ARE 18 YEARS OF AGE.
(a) Disability Review Requirement.--
(1) In general.--The applicable State agency or the
Secretary of Health and Human Services (as may be
appropriate) shall redetermine the eligibility of a qualified
individual for supplemental security income benefits under
title XVI of the Social Security Act by reason of disability,
by applying the criteria used in determining eligibility for
such benefits of applicants who have attained 18 years of
age.
(2) When conducted.--The redetermination required by
paragraph (1) with respect to a qualified individual shall be
conducted during the 1-year period that begins on the date
the qualified individual attains 18 years of age.
(3) Minimum number of reviews.--The Secretary shall conduct
redeterminations under paragraph (1) with respect to not less
than \1/3\ of qualified individuals in each of fiscal years
1996, 1997, and 1998.
(4) Qualified individual defined.--As used in this
paragraph, the term ``qualified individual'' means a
recipient of supplemental security income benefits under
title XVI of the Social Security Act by reason of disability
who attains 18 years of age in or after the 9th month after
the month in which this Act is enacted.
(5) Substitute for a continuing disability review.--A
redetermination under paragraph (1) of this subsection shall
be considered a substitute for a review required under
section 1614(a)(3)(G) of the Social Security Act.
(6) Sunset.--Paragraph (1) shall have no force or effect
after October 1, 1998.
(b) Report to the Congress.--Not later than October 1,
1998, the Secretary of Health and Human Services shall submit
to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a
report on the activities conducted under subsection (a).
SEC. 208. CONTINUING DISABILITY REVIEWS.
(a) Temporary Annual Minimum Number of Reviews.--During
each year of the 3-year period that begins on October 1,
1995, the Secretary of Health and Human Services shall apply
section 221(i) of the Social Security Act in making
disability determinations under title XVI of such Act with
respect to at least 100,000 recipients of supplemental
security income benefits under such title.
(b) Report to the Congress.--Not later than October 1,
1998, the Secretary of Health and Human Services shall submit
to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a
report on the activities conducted under subsection (a).
SEC. 209. EXEMPTION FROM ADJUSTMENT IN PASS-ALONG
REQUIREMENTS.
(a) In General.--Section 1618(b) of the Social Security Act
(42 U.S.C. 1382g(b)) is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following:
``(2) For purposes of determining under paragraph (1)
whether a State's expenditures for supplementary payments in
the 12-month period beginning on the effective date of any
increase in the level of supplemental security income
benefits are not less than the State's expenditures for such
payments in the preceding 12-month period, the Secretary, in
computing the State's expenditures, shall disregard, pursuant
to a 1-time election of the State, all expenditures by the
State for retroactive supplementary payments that are
required to be made in connection with the retroactive
supplemental security income benefits referred to in section
5041 of the Omnibus Budget Reconciliation Act of 1990.''.
(b) Applicability.--The amendments made by subsection (a)
shall apply with respect to increases in the level of
supplemental security income benefits under title XVI of the
Social Security Act whether occurring before, on, or after
the date of the enactment of this Act.
TITLE III--MISCELLANEOUS PROGRAM IMPROVEMENTS
SEC. 301. ISSUANCE OF PHYSICAL DOCUMENTS IN THE FORM OF
BONDS, NOTES, OR CERTIFICATES TO THE SOCIAL
SECURITY TRUST FUNDS.
(a) Requirement that Obligations Issued to the OASDI Trust
Funds Be Evidenced by Paper Instruments in the Form of Bonds,
Notes, or Certificates of Indebtedness Setting Forth Their
Terms.--Section 201(d) of the Social Security Act (42 U.S.C.
401(d)) is amended by inserting after the fifth sentence the
following new sentence: ``Each obligation issued for purchase
by the Trust Funds under this subsection shall be evidenced
by a paper instrument in the form of a bond, note, or
certificate of indebtedness issued by the Secretary of the
Treasury setting forth the principal amount, date of
maturity, and interest rate of the obligation, and stating on
its face that the obligation shall be incontestable in the
hands of the Trust Fund to which it is issued, that the
obligation is supported by the full faith and credit of the
United States, and that the United States is pledged to the
payment of the obligation with respect to both principal and
interest.''.
(b) Payment to the OASDI Trust Funds from the General Fund
of the Treasury of Interest on Obligations, and of Proceeds
from the Sale or Redemption of Obligations, Required to Be in
the Form of Checks.--Section 201(f) of such Act (42 U.S.C.
401(f)) is amended by adding at the end the following new
sentence: ``Payment from the general fund of the the Treasury
to either of the Trust Funds of any such interest or proceeds
shall be in the form of paper checks drawn on such general
fund to the order of such Trust Fund.''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply with respect to obligations issued, and payments made,
after 60 days after the date of the enactment of this Act.
(2) Treatment of outstanding obligations.--Not later than
60 days after the date of the enactment of this Act, the
Secretary of the Treasury shall issue to the Federal Old-Age
and Survivors Insurance Trust Fund or the Federal Disability
Insurance Trust Fund, as applicable, a paper instrument, in
the form of a bond, note, or certificate of indebtedness, for
each obligation which has been issued to the Trust Fund under
section 201(d) of the Social Security Act and which is
outstanding as of such date. Each such document shall set
forth the principal amount, date of maturity, and interest
rate of the obligation, and shall state on its face that the
obligation shall be incontestable in the hands of the Trust
Fund to which it was issued, that the obligation is supported
by the full faith and credit of the United States, and that
the United States is pledged to the payment of the obligation
with respect to both principal and interest.
SEC. 302. GAO STUDY REGARDING TELEPHONE ACCESS TO LOCAL
OFFICES OF THE SOCIAL SECURITY ADMINISTRATION.
(a) Study.--The Comptroller General of the United States
shall conduct a study of telephone access to local offices of
the Social Security Administration.
(b) Matters To Be Studied.--In conducting the study under
this section, the Comptroller General shall make an
independent assessment of the Social Security
Administration's use of innovative technology (including
attendant call and voice mail) to increase public telephone
access to local offices of the Administration. Such study
shall include--
(1) an assessment of the aggregate impact of such
technology on public access to the local offices, and
(2) a separate assessment of the impact of such technology
on public access to those local offices to which access was
restricted on October 1, 1989.
(c) Report.--Not later than January 31, 1996, the
Comptroller General shall submit a report on the results of
the study conducted pursuant to this section to the Committee
on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate.
SEC. 303. EXPANSION OF STATE OPTION TO EXCLUDE SERVICE OF
ELECTION OFFICIALS OR ELECTION WORKERS FROM
COVERAGE.
(a) Limitation on Mandatory Coverage of State Election
Officials and Election Workers Without State Retirement
System.--
(1) Amendment to social security act.--Section
210(a)(7)(F)(iv) of the Social Security
[[Page 1569]]
Act (42 U.S.C. 410(a)(7)(F)(iv)) (as amended by section
11332(a) of the Omnibus Budget Reconciliation Act of 1990) is
amended by striking ``$100'' and inserting ``$1,000 with
respect to service performed during any calendar year
commencing on or after January 1, 1995, ending on or before
December 31, 1999, and the adjusted amount determined under
section 218(c)(8)(B) for any calendar year commencing on or
after January 1, 2000, with respect to service performed
during such calendar year''.
(2) Amendment to fica.--Section 3121(b)(7)(F)(iv) of the
Internal Revenue Code of 1986 (as amended by section 11332(b)
of the Omnibus Budget Reconciliation Act of 1990) is amended
by striking ``$100'' and inserting ``$1,000 with respect to
service performed during any calendar year commencing on or
after January 1, 1995, ending on or before December 31, 1999,
and the adjusted amount determined under section 218(c)(8)(B)
of the Social Security Act for any calendar year commencing
on or after January 1, 2000, with respect to service
performed during such calendar year''.
(b) Conforming Amendments Relating to Medicare Qualified
Government Employment.--
(1) Amendment to social security act.--Section 210(p)(2)(E)
of the Social Security Act (42 U.S.C. 410(p)(2)(E)) is
amended by striking ``$100'' and inserting ``$1,000 with
respect to service performed during any calendar year
commencing on or after January 1, 1995, ending on or before
December 31, 1999, and the adjusted amount determined under
section 218(c)(8)(B) for any calendar year commencing on or
after January 1, 2000, with respect to service performed
during such calendar year''.
(2) Amendment to fica.--Section 3121(u)(2)(B)(ii)(V) of the
Internal Revenue Code of 1986 is amended by striking ``$100''
and inserting ``$1,000 with respect to service performed
during any calendar year commencing on or after January 1,
1995, ending on or before December 31, 1999, and the adjusted
amount determined under section 218(c)(8)(B) of the Social
Security Act for any calendar year commencing on or after
January 1, 2000, with respect to service performed during
such calendar year''.
(c) Authority for States To Modify Coverage Agreements With
Respect to Election Officials and Election Workers.--Section
218(c)(8) of the Social Security Act (42 U.S.C. 418(c)(8)) is
amended--
(1) by striking ``on or after January 1, 1968,'' and
inserting ``at any time'';
(2) by striking ``$100'' and inserting ``$1,000 with
respect to service performed during any calendar year
commencing on or after January 1, 1995, ending on or before
December 31, 1999, and the adjusted amount determined under
subparagraph (B) for any calendar year commencing on or after
January 1, 2000, with respect to service performed during
such calendar year''; and
(3) by striking the last sentence and inserting the
following new sentence: ``Any modification of an agreement
pursuant to this paragraph shall be effective with respect to
services performed in and after the calendar year in which
the modification is mailed or delivered by other means to the
Secretary.''.
(d) Indexation of Exempt Amount.--Section 218(c)(8) of such
Act (as amended by subsection (c)) is further amended--
(1) by inserting ``(A)'' after ``(8)''; and
(2) by adding at the end the following new subparagraph:
``(B) For each year after 1999, the Secretary shall adjust
the amount referred to in subparagraph (A) at the same time
and in the same manner as is provided under section
215(a)(1)(B)(ii) with respect to the amounts referred to in
section 215(a)(1)(B)(i), except that--
``(i) for purposes of this subparagraph, 1997 shall be
substituted for the calendar year referred to in section
215(a)(1)(B)(ii)(II), and
``(ii) such amount as so adjusted, if not a multiple of
$100, shall be rounded to the next higher multiple of $100
where such amount is a multiple of $50 and to the nearest
multiple of $100 in any other case.
The Secretary shall determine and publish in the Federal
Register each adjusted amount determined under this
subparagraph not later than November 1 preceding the year for
which the adjustment is made.''.
(e) Effective Date.--The amendments made by subsections
(a), (b), and (c) shall apply with respect to service
performed on or after January 1, 1995.
SEC. 304. USE OF SOCIAL SECURITY NUMBERS BY STATES AND LOCAL
GOVERNMENTS AND FEDERAL DISTRICT COURTS FOR
JURY SELECTION PURPOSES.
(a) In General.--Section 205(c)(2) of the Social Security
Act (42 U.S.C. 405(c)(2)) is amended--
(1) in subparagraph (B)(i), by striking ``(E)'' in the
matter preceding subclause (I) and inserting ``(F)'';
(2) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(3) by inserting after subparagraph (D) the following:
``(E)(i) It is the policy of the United States that--
``(I) any State (or any political subdivision of a State)
may utilize the social security account numbers issued by the
Secretary for the additional purposes described in clause
(ii) if such numbers have been collected and are otherwise
utilized by such State (or political subdivision) in
accordance with applicable law, and
``(II) any district court of the United States may use, for
such additional purposes, any such social security account
numbers which have been so collected and are so utilized by
any State.
``(ii) The additional purposes described in this clause are
the following:
``(I) Identifying duplicate names of individuals on master
lists used for jury selection purposes.
``(II) Identifying on such master lists those individuals
who are ineligible to serve on a jury by reason of their
conviction of a felony.
``(iii) To the extent that any provision of Federal law
enacted before the date of the enactment of this subparagraph
is inconsistent with the policy set forth in clause (i), such
provision shall, on and after that date, be null, void, and
of no effect.
``(iv) For purposes of this subparagraph, the term `State'
has the meaning such term has in subparagraph (D).''.
(b) Conforming Amendment.--Section 1140(a)(2) of such Act
(42 U.S.C. 1320b-10(a)(2)) is amended by striking
``205(c)(2)(E)'' and inserting ``205(c)(2)(F)''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
SEC. 305. AUTHORIZATION FOR ALL STATES TO EXTEND COVERAGE TO
STATE AND LOCAL POLICE OFFICERS AND
FIREFIGHTERS UNDER EXISTING COVERAGE
AGREEMENTS.
(a) In General.--Section 218(l) of the Social Security Act
(42 U.S.C. 418(l)) is amended--
(1) in paragraph (1), by striking ``(1)'' after ``(l)'',
and by striking ``the State of'' and all that follows through
``prior to the date of enactment of this subsection'' and
inserting ``a State entered into pursuant to this section'';
and
(2) by striking paragraph (2).
(b) Conforming Amendment.--Section 218(d)(8)(D) of such Act
(42 U.S.C. 418(d)(8)(D)) is amended by striking ``agreements
with the States named in'' and inserting ``State agreements
modified as provided in''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to modifications filed by States
after the date of the enactment of this Act.
SEC. 306. LIMITED EXEMPTION FOR CANADIAN MINISTERS FROM
CERTAIN SELF-EMPLOYMENT TAX LIABILITY.
(a) In General.--Notwithstanding any other provision of
law, if--
(1) an individual performed services described in section
1402(c)(4) of the Internal Revenue Code of 1986 which are
subject to tax under section 1401 of such Code,
(2) such services were performed in Canada at a time when
no agreement between the United States and Canada pursuant to
section 233 of the Social Security Act was in effect, and
(3) such individual was required to pay contributions on
the earnings from such services under the social insurance
system of Canada,
then such individual may file a certificate under this
section in such form and manner, and with such official, as
may be prescribed in regulations issued under chapter 2 of
such Code. Upon the filing of such certificate,
notwithstanding any judgment which has been entered to the
contrary, such individual shall be exempt from payment of
such tax with respect to services described in paragraphs (1)
and (2) and from any penalties or interest for failure to pay
such tax or to file a self-employment tax return as required
under section 6017 of such Code.
(b) Period for Filing.--A certificate referred to in
subsection (a) may be filed only during the 180-day period
commencing with the date on which the regulations referred to
in subsection (a) are issued.
(c) Taxable Years Affected by Certificate.--A certificate
referred to in subsection (a) shall be effective for taxable
years ending after December 31, 1978, and before January 1,
1985.
(d) Restriction on Crediting of Exempt Self-Employment
Income.--In any case in which an individual is exempt under
this section from paying a tax imposed under section 1401 of
the Internal Revenue Code of 1986, any income on which such
tax would have been imposed but for such exemption shall not
constitute self-employment income under section 211(b) of the
Social Security Act (42 U.S.C. 411(b)), and, if such
individual's primary insurance amount has been determined
under section 215 of such Act (42 U.S.C. 415),
notwithstanding section 215(f)(1) of such Act, the Secretary
of Health and Human Services (prior to March 31, 1995) or the
Commissioner of Social Security (after March 30, 1995) shall
recompute such primary insurance amount so as to take into
account the provisions of this subsection. The recomputation
under this subsection shall be effective with respect to
benefits for months following approval of the certificate of
exemption.
SEC. 307. EXCLUSION OF TOTALIZATION BENEFITS FROM THE
APPLICATION OF THE WINDFALL ELIMINATION
PROVISION.
(a) In General.--Section 215(a)(7) of the Social Security
Act (42 U.S.C. 415(a)(7)) is amended--
(1) in subparagraph (A), by striking ``but excluding'' and
all that follows through ``1937'' and inserting ``but
excluding (I) a payment under the Railroad Retirement Act of
1974 or 1937, and (II) a payment by a social security system
of a foreign country based on an agreement concluded between
the United States and such foreign country pursuant to
section 233''; and
(2) in subparagraph (E), by inserting after ``in the case
of an individual'' the following:
[[Page 1570]]
``whose eligibility for old-age or disability insurance
benefits is based on an agreement concluded pursuant to
section 233 or an individual''.
(b) Conforming Amendment Relating to Benefits Under 1939
Act.--Section 215(d)(3) of such Act (42 U.S.C. 415(d)(3)) is
amended by striking ``but excluding'' and all that follows
through ``1937'' and inserting ``but excluding (I) a payment
under the Railroad Retirement Act of 1974 or 1937, and (II) a
payment by a social security system of a foreign country
based on an agreement concluded between the United States and
such foreign country pursuant to section 233''.
(c) Effective Date.--The amendments made by this section
shall apply (notwithstanding section 215(f)(1) of the Social
Security Act (42 U.S.C. 415(f)(1))) with respect to benefits
payable for months after December 1994.
SEC. 308. EXCLUSION OF MILITARY RESERVISTS FROM APPLICATION
OF THE GOVERNMENT PENSION OFFSET AND WINDFALL
ELIMINATION PROVISIONS.
(a) Exclusion from Government Pension Offset Provisions.--
Subsections (b)(4), (c)(2), (e)(7), (f)(2), and (g)(4) of
section 202 of the Social Security Act (42 U.S.C. 402 (b)(4),
(c)(2), (e)(7), (f)(2), and (g)(4)) are each amended--
(1) in subparagraph (A)(ii), by striking ``unless
subparagraph (B) applies.'';
(2) in subparagraph (A), by striking ``The'' in the matter
following clause (ii) and inserting ``unless subparagraph (B)
applies. The''; and
(3) in subparagraph (B), by redesignating the existing
matter as clause (ii), and by inserting before such clause
(ii) (as so redesignated) the following:
``(B)(i) Subparagraph (A)(i) shall not apply with respect
to monthly periodic benefits based wholly on service as a
member of a uniformed service (as defined in section
210(m)).''.
(b) Exclusion From Windfall Elimination Provisions.--
Section 215(a)(7)(A) of such Act (as amended by section
307(a) of this Act) and section 215(d)(3) of such Act (as
amended by section 307(b) of this Act) are each further
amended--
(1) by striking ``and'' before ``(II)''; and
(2) by striking ``section 233'' and inserting ``section
233, and (III) a payment based wholly on service as a member
of a uniformed service (as defined in section 210(m))''.
(c) Effective Date.--The amendments made by this section
shall apply (notwithstanding section 215(f) of the Social
Security Act) with respect to benefits payable for months
after December 1994.
SEC. 309. REPEAL OF THE FACILITY-OF-PAYMENT PROVISION.
(a) Repeal of Rule Precluding Redistribution Under Family
Maximum.--Section 203(i) of the Social Security Act (42
U.S.C. 403(i)) is repealed.
(b) Coordination Under Family Maximum of Reduction in
Beneficiary's Auxiliary Benefits With Suspension of Auxiliary
Benefits of Other Beneficiary Under Earnings Test.--Section
203(a)(4) of such Act (42 U.S.C. 403(a)(4)) is amended by
striking ``section 222(b). Whenever'' and inserting the
following: ``section 222(b). Notwithstanding the preceding
sentence, any reduction under this subsection in the case of
an individual who is entitled to a benefit under subsection
(b), (c), (d), (e), (f), (g), or (h) of section 202 for any
month on the basis of the same wages and self-employment
income as another person--
``(A) who also is entitled to a benefit under subsection
(b), (c), (d), (e), (f), (g), or (h) of section 202 for such
month,
``(B) who does not live in the same household as such
individual, and
``(C) whose benefit for such month is suspended (in whole
or in part) pursuant to subsection (h)(3) of this section,
shall be made before the suspension under subsection (h)(3).
Whenever''.
(c) Conforming Amendment Applying Earnings Reporting
Requirement Despite Suspension of Benefits.--The third
sentence of section 203(h)(1)(A) of such Act (42 U.S.C.
403(h)(1)(A)) is amended by striking ``Such report need not
be made'' and all that follows through ``The Secretary may
grant'' and inserting the following: ``Such report need not
be made for any taxable year--
``(i) beginning with or after the month in which such
individual attained age 70, or
``(ii) if benefit payments for all months (in such taxable
year) in which such individual is under age 70 have been
suspended under the provisions of the first sentence of
paragraph (3) of this subsection, unless--
``(I) such individual is entitled to benefits under
subsection (b), (c), (d), (e), (f), (g), or (h) of section
202,
``(II) such benefits are reduced under subsection (a) of
this section for any month in such taxable year, and
``(III) in any such month there is another person who also
is entitled to benefits under subsection (b), (c), (d), (e),
(f), (g), or (h) of section 202 on the basis of the same
wages and self-employment income and who does not live in the
same household as such individual.
The Secretary may grant''.
(d) Conforming Amendment Deleting Special Income Tax
Treatment of Benefits No Longer Required by Reason of
Repeal.--Section 86(d)(1) of the Internal Revenue Code of
1986 (relating to income tax on social security benefits) is
amended by striking the last sentence.
(e) Effective Dates.--
(1) The amendments made by subsections (a), (b), and (c)
shall apply with respect to benefits payable for months after
December 1995.
(2) The amendment made by subsection (d) shall apply with
respect to benefits received after December 31, 1995, in
taxable years ending after such date.
SEC. 310. MAXIMUM FAMILY BENEFITS IN GUARANTEE CASES.
(a) In General.--Section 203(a) of the Social Security Act
(42 U.S.C. 403(a)) is amended by adding at the end the
following new paragraph:
``(10)(A) Subject to subparagraphs (B) and (C)--
``(i) the total monthly benefits to which beneficiaries may
be entitled under sections 202 and 223 for a month on the
basis of the wages and self-employment income of an
individual whose primary insurance amount is computed under
section 215(a)(2)(B)(i) shall equal the total monthly
benefits which were authorized by this section with respect
to such individual's primary insurance amount for the last
month of his prior entitlement to disability insurance
benefits, increased for this purpose by the general benefit
increases and other increases under section 215(i) that would
have applied to such total monthly benefits had the
individual remained entitled to disability insurance benefits
until the month in which he became entitled to old-age
insurance benefits or reentitled to disability insurance
benefits or died, and
``(ii) the total monthly benefits to which beneficiaries
may be entitled under sections 202 and 223 for a month on the
basis of the wages and self-employment income of an
individual whose primary insurance amount is computed under
section 215(a)(2)(C) shall equal the total monthly benefits
which were authorized by this section with respect to such
individual's primary insurance amount for the last month of
his prior entitlement to disability insurance benefits.
``(B) In any case in which--
``(i) the total monthly benefits with respect to such
individual's primary insurance amount for the last month of
his prior entitlement to disability insurance benefits was
computed under paragraph (6), and
``(ii) the individual's primary insurance amount is
computed under subparagraph (B)(i) or (C) of section
215(a)(2) by reason of the individual's entitlement to old-
age insurance benefits or death,
the total monthly benefits shall equal the total monthly
benefits that would have been authorized with respect to the
primary insurance amount for the last month of his prior
entitlement to disability insurance benefits if such total
monthly benefits had been computed without regard to
paragraph (6).
``(C) This paragraph shall apply before the application of
paragraph (3)(A), and before the application of section
203(a)(1) of this Act as in effect in December 1978.''.
(b) Conforming Amendment.--Section 203(a)(8) of such Act
(42 U.S.C. 403(a)(8)) is amended by striking ``Subject to
paragraph (7),'' and inserting ``Subject to paragraph (7) and
except as otherwise provided in paragraph (10)(C),''.
(c) Effective Date.--The amendments made by this section
shall apply for the purpose of determining the total monthly
benefits to which beneficiaries may be entitled under
sections 202 and 223 of the Social Security Act based on the
wages and self-employment income of an individual who--
(1) becomes entitled to an old-age insurance benefit under
section 202(a) of such Act,
(2) becomes reentitled to a disability insurance benefit
under section 223 of such Act, or
(3) dies,
after December 1995.
SEC. 311. AUTHORIZATION FOR DISCLOSURE OF SOCIAL SECURITY
INFORMATION FOR PURPOSES OF PUBLIC OR PRIVATE
EPIDEMIOLOGICAL AND SIMILAR RESEARCH.
(a) In General.--Section 1106 of the Social Security Act
(42 U.S.C. 1306) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(2) in subsection (f) (as so redesignated), by striking
``subsection (d)'' and inserting ``subsection (e)''; and
(3) by inserting after subsection (c) the following new
subsection:
``(d) Notwithstanding any other provision of this section,
in any case in which--
``(1) information regarding whether an individual is shown
on the records of the Secretary as being alive or deceased is
requested from the Secretary for purposes of epidemiological
or similar research which the Secretary finds may reasonably
be expected to contribute to a national health interest, and
``(2) the requester agrees to reimburse the Secretary for
providing such information and to comply with limitations on
safeguarding and rerelease or redisclosure of such
information as may be specified by the Secretary,
the Secretary shall comply with such request, except to the
extent that compliance with such request would constitute a
violation of the terms of any contract entered into under
section 205(r).''.
(b) Availability of Information Returns Regarding Wages
Paid Employees.--Section 6103(l)(5) of the Internal Revenue
Code of 1986 (relating to disclosure of returns and return
information to the Department of Health and Human Services
for purposes other than tax administration) is amended--
(1) by striking ``for the purpose of'' and inserting ``for
the purpose of--'';
(2) by striking ``carrying out, in accordance with an
agreement'' and inserting the following:
[[Page 1571]]
``(A) carrying out, in accordance with an agreement'';
(3) by striking ``program.'' and inserting ``program; or'';
and
(4) by adding at the end the following new subparagraph:
``(B) providing information regarding the mortality status
of individuals for epidemiological and similar research in
accordance with section 1106(d) of the Social Security
Act.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to requests for information made
after the date of the enactment of this Act.
SEC. 312. MISUSE OF SYMBOLS, EMBLEMS, OR NAMES IN REFERENCE
TO SOCIAL SECURITY ADMINISTRATION OR DEPARTMENT
OF HEALTH AND HUMAN SERVICES.
(a) Prohibition of Unauthorized Reproduction, Reprinting,
or Distribution for Fee of Certain Official Publications.--
Section 1140(a) of the Social Security Act (42 U.S.C. 1320b-
10(a)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by inserting ``(1)'' after ``(a)''; and
(3) by adding at the end the following new paragraph:
``(2) No person may, for a fee, reproduce, reprint, or
distribute any item consisting of a form, application, or
other publication of the Social Security Administration or of
the Department of Health and Human Services unless such
person has obtained specific, written authorization for such
activity in accordance with regulations which the Secretary
shall prescribe.''.
(b) Addition to Prohibited Words, Letters, Symbols, and
Emblems.--Paragraph (1) of section 1140(a) of such Act (as
redesignated by subsection (a)) is further amended--
(1) in subparagraph (A) (as redesignated), by striking
``Administration', the letters `SSA' or `HCFA','' and
inserting ``Administration', `Department of Health and Human
Services', `Health and Human Services', `Supplemental
Security Income Program', or `Medicaid', the letters `SSA',
`HCFA', `DHHS', `HHS', or `SSI',''; and
(2) in subparagraph (B) (as amended by section 304 and as
redesignated), by striking ``Social Security Administration''
each place it appears and inserting ``Social Security
Administration, Health Care Financing Administration, or
Department of Health and Human Services'', by striking ``or
of the Health Care Financing Administration'', and by
inserting ``or the Medicare card,'' after ``205(c)(2)(F)''.
(c) Exemption for Use of Words, Letters, Symbols, and
Emblems of State and Local Government Agencies by Such
Agencies.--Paragraph (1) of section 1140(a) of such Act (as
redesignated by subsection (a)) is further amended by adding
at the end the following new sentence: ``The preceding
provisions of this subsection shall not apply with respect to
the use by any agency or instrumentality of a State or
political subdivision of a State of any words or letters
which identify an agency or instrumentality of such State or
of a political subdivision of such State or the use by any
such agency or instrumentality of any symbol or emblem of an
agency or instrumentality of such State or a political
subdivision of such State.''.
(d) Inclusion of Reasonableness Standard.--Section
1140(a)(1) of such Act (as amended by the preceding
provisions of this section) is further amended, in the matter
following subparagraph (B) (as redesignated), by striking
``convey'' and inserting ``convey, or in a manner which
reasonably could be interpreted or construed as conveying,''.
(e) Ineffectiveness of Disclaimers.--Subsection (a) of
section 1140 of such Act (as amended by the preceding
provisions of this section) is further amended by adding at
the end the following new paragraph:
``(3) Any determination of whether the use of one or more
words, letters, symbols, or emblems (or any combination or
variation thereof) in connection with an item described in
paragraph (1) or the reproduction, reprinting, or
distribution of an item described in paragraph (2) is a
violation of this subsection shall be made without regard to
any inclusion in such item (or any so reproduced, reprinted,
or distributed copy thereof) of a disclaimer of affiliation
with the United States Government or any particular agency or
instrumentality thereof.''.
(f) Violations With Respect to Individual Items.--Section
1140(b)(1) of such Act (42 U.S.C. 1320b-10(b)(1)) is amended
by adding at the end the following new sentence: ``In the
case of any items referred to in subsection (a)(1) consisting
of pieces of mail, each such piece of mail which contains one
or more words, letters, symbols, or emblems in violation of
subsection (a) shall represent a separate violation. In the
case of any item referred to in subsection (a)(2), the
reproduction, reprinting, or distribution of such item shall
be treated as a separate violation with respect to each copy
thereof so reproduced, reprinted, or distributed.''.
(g) Elimination of Cap on Aggregate Liability Amount.--
(1) Repeal.--Paragraph (2) of section 1140(b) of such Act
(42 U.S.C. 1320b-10(b)(2)) is repealed.
(2) Conforming amendments.--Section 1140(b) of such Act is
further amended--
(A) by striking ``(1) Subject to paragraph (2), the'' and
inserting ``The'';
(B) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively; and
(C) in paragraph (1) (as redesignated), by striking
``subparagraph (B)'' and inserting ``paragraph (2)''.
(h) Removal of Formal Declination Requirement.--Section
1140(c)(1) of such Act (42 U.S.C. 1320b-10(c)(1)) is amended
by inserting ``and the first sentence of subsection (c)''
after ``and (i)''.
(i) Penalties Relating to Social Security Administration
Deposited in OASI Trust Fund, and Penalties Related to Health
Care Financing Administration Deposited in the HI and SMI
Trust Funds.--Section 1140(c)(2) of such Act (42 U.S.C.
1320b-10(c)(2)) is amended in the second sentence by striking
``United States.'' and inserting ``United States, except that
(A) to the extent that such amounts are recovered under this
section as penalties imposed for misuse of words, letters,
symbols, or emblems relating to the Social Security
Administration, such amounts shall be deposited into the
Federal Old-Age and Survivors Insurance Trust Fund, and (B)
to the extent that such amounts are recovered under this
section as penalties imposed for misuse of words, letters,
symbols, or emblems relating to the Department of Health and
Human Services, such amounts shall be deposited into the
Federal Hospital Insurance Trust Fund or the Federal
Supplementary Medical Insurance Trust Fund, as
appropriate.''.
(j) Enforcement.--Section 1140 of such Act (42 U.S.C.
1320b-10) is amended by adding at the end the following new
subsection:
``(d) The preceding provisions of this section may be
enforced through the Office of the Inspector General of the
Department of Health and Human Services.''.
(k) Reports.--
(1) In general.--The Secretary of Health and Human Services
and the Commissioner of Social Security shall each submit to
the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate 3
reports on the operation of section 1140 of the Social
Security Act with respect to the Social Security
Administration or the Department of Health and Human Services
during the period covered by the report, which shall
specify--
(A) the number of complaints of violations of such section
received by the Social Security Administration or the
Department of Health and Human Services during the period,
(B) the number of cases in which the Social Security
Administration or the Department, during the period, sent a
notice of violation of such section requesting that an
individual cease activities in violation of such section,
(C) the number of cases in which the Social Security
Administration or the Department formally proposed a civil
money penalty in a demand letter during the period,
(D) the total amount of civil money penalties assessed by
the Social Security Administration or the Department under
this section during the period,
(E) the number of requests for hearings filed during the
period by the Social Security Administration or the
Department pursuant to sections 1140(c)(1) and 1128A(c)(2) of
the Social Security Act,
(F) the disposition during the period of hearings filed
pursuant to sections 1140(c)(1) and 1128A(c)(2) of the Social
Security Act, and
(G) the total amount of civil money penalties collected
under this section and deposited into the Federal Old-Age and
Survivors Insurance Trust Fund or the Health Insurance and
Supplementary Medical Insurance Trust Funds, as applicable,
during the period.
(2) When due.--The reports required by paragraph (1) shall
be submitted not later than December 1, 1995, not later than
December 1, 1997, and not later than December 1, 1999,
respectively.
(l) Prohibition of Misuse of Department of the Treasury
Names, Symbols, Etc.--
(1) General rule.--Subchapter II of chapter 3 of title 31,
United States Code, is amended by adding at the end thereof
the following new section:
``Sec. 333. Prohibition of misuse of Department of the
Treasury names, symbols, etc.
``(a) General Rule.--No person may use, in connection with,
or as a part of, any advertisement, solicitation, business
activity, or product, whether alone or with other words,
letters, symbols, or emblems--
``(1) the words `Department of the Treasury', or the name
of any service, bureau, office, or other subdivision of the
Department of the Treasury,
``(2) the titles `Secretary of the Treasury' or `Treasurer
of the United States' or the title of any other officer or
employee of the Department of the Treasury,
``(3) the abbreviations or initials of any entity referred
to in paragraph (1),
``(4) the words `United States Savings Bond' or the name of
any other obligation issued by the Department of the
Treasury,
``(5) any symbol or emblem of an entity referred to in
paragraph (1) (including the design of any envelope or
stationary used by such an entity), and
``(6) any colorable imitation of any such words, titles,
abbreviations, initials, symbols, or emblems,
in a manner which could reasonably be interpreted or
construed as conveying the false impression that such
advertisement, solicitation, business activity, or product is
in any manner approved, endorsed, sponsored, or authorized
by, or associated with, the Department of the Treasury or any
entity referred to in paragraph (1) or any officer or
employee thereof.
``(b) Treatment of Disclaimers.--Any determination of
whether a person has violated the provisions of subsection
(a) shall be made
[[Page 1572]]
without regard to any use of a disclaimer of affiliation with
the United States Government or any particular agency or
instrumentality thereof.
``(c) Civil Penalty.--
``(1) In general.--The Secretary of the Treasury may impose
a civil penalty on any person who violates the provisions of
subsection (a).
``(2) Amount of penalty.--The amount of the civil penalty
imposed by paragraph (1) shall not exceed $5,000 for each use
of any material in violation of subsection (a). If such use
is in a broadcast or telecast, the preceding sentence shall
be applied by substituting `$25,000' for `$5,000'.
``(3) Time limitations.--
``(A) Assessments.--The Secretary of the Treasury may
assess any civil penalty under paragraph (1) at any time
before the end of the 3-year period beginning on the date of
the violation with respect to which such penalty is imposed.
``(B) Civil action.--The Secretary of the Treasury may
commence a civil action to recover any penalty imposed under
this subsection at any time before the end of the 2-year
period beginning on the date on which such penalty was
assessed.
``(4) Coordination with subsection (d).--No penalty may be
assessed under this subsection with respect to any violation
after a criminal proceeding with respect to such violation
has been commenced under subsection (d).
``(d) Criminal Penalty.--
``(1) In general.--If any person knowingly violates
subsection (a), such person shall, upon conviction thereof,
be fined not more than $10,000 for each such use or
imprisoned not more than 1 year, or both. If such use is in a
broadcast or telecast, the preceding sentence shall be
applied by substituting `$50,000' for `$10,000'.
``(2) Time limitations.--No person may be prosecuted,
tried, or punished under paragraph (1) for any violation of
subsection (a) unless the indictment is found or the
information instituted during the 3-year period beginning on
the date of the violation.
``(3) Coordination with subsection (c).--No criminal
proceeding may be commenced under this subsection with
respect to any violation if a civil penalty has previously
been assessed under subsection (c) with respect to such
violation.''
(2) Clerical amendment.--The analysis for chapter 3 of
title 31, United States Code, is amended by adding after the
item relating to section 332 the following new item:
``333. Prohibition of misuse of Department of the Treasury names,
symbols, etc.''.
(3) Report.--Not later than May 1, 1996, the Secretary of
the Treasury shall submit a report to the Committee on Ways
and Means of the House of Representatives and the Committee
on Finance of the Senate on the implementation of the
amendments made by this section. Such report shall include
the number of cases in which the Secretary has notified
persons of violations of section 333 of title 31, United
States Code (as added by subsection (a)), the number of
prosecutions commenced under such section, and the total
amount of the penalties collected in such prosecutions.
(m) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply with respect to
violations occurring after March 31, 1995.
(2) Prohibition of misuse of department of the treasury
names, symbols, etc.--Subsection (l)(3) shall take effect on
the date of the enactment of this Act, and the amendments
made by paragraphs (1) and (2) of subsection (l) shall apply
with respect to violations occurring after such date.
SEC. 313. INCREASED PENALTIES FOR UNAUTHORIZED DISCLOSURE OF
SOCIAL SECURITY INFORMATION.
(a) Unauthorized Disclosure.--Section 1106(a) of the Social
Security Act (42 U.S.C. 1306(a)) is amended--
(1) by striking ``misdemeanor'' and inserting ``felony'';
(2) by striking ``$1,000'' and inserting ``$10,000 for each
occurrence of a violation''; and
(3) by striking ``one year'' and inserting ``5 years''.
(b) Unauthorized Disclosure by Fraud.--Section 1107(b) of
such Act (42 U.S.C. 1307(b)) is amended--
(1) by inserting ``social security account number,'' after
``information as to the'';
(2) by striking ``misdemeanor'' and inserting ``felony'';
(3) by striking ``$1,000'' and inserting ``$10,000 for each
occurrence of a violation''; and
(4) by striking ``one year'' and inserting ``5 years''.
(c) Effective Date.--The amendments made by this section
shall apply to violations occurring on or after the date of
the enactment of this Act.
SEC. 314. INCREASE IN AUTHORIZED PERIOD FOR EXTENSION OF TIME
TO FILE ANNUAL EARNINGS REPORT.
(a) In General.--Section 203(h)(1)(A) of the Social
Security Act (42 U.S.C. 403(h)(1)(A)) is amended in the last
sentence by striking ``three months'' and inserting ``four
months''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to reports of earnings for taxable
years ending on or after December 31, 1994.
SEC. 315. EXTENSION OF DISABILITY INSURANCE PROGRAM
DEMONSTRATION PROJECT AUTHORITY.
(a) In General.--Section 505 of the Social Security
Disability Amendments of 1980 (Public Law 96-265), as amended
by section 12101 of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (Public Law 99-272), section 10103
of the Omnibus Budget Reconciliation Act of 1989 (Public Law
101-239), and section 5120 of the Omnibus Budget
Reconciliation Act of 1990 (Public Law 101-508), is further
amended--
(1) in paragraph (3) of subsection (a), by striking ``June
10, 1993'' and inserting ``June 10, 1996'';
(2) in paragraph (4) of subsection (a), by striking
``1992'' and inserting ``1995''; and
(3) in subsection (c), by striking ``October 1, 1993'' and
inserting ``October 1, 1996''.
(b) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
SEC. 316. CROSS-MATCHING OF SOCIAL SECURITY ACCOUNT NUMBER
INFORMATION AND EMPLOYER IDENTIFICATION NUMBER
INFORMATION MAINTAINED BY THE DEPARTMENT OF
AGRICULTURE.
(a) Social Security Account Number Information.--Clause
(iii) of section 205(c)(2)(C) of the Social Security Act (42
U.S.C. 405(c)(2)(C)) (as added by section 1735(a)(3) of the
Food, Agriculture, Conservation, and Trade Act of 1990
(Public Law 101-624; 104 Stat. 3791)) is amended--
(1) by inserting ``(I)'' after ``(iii)''; and
(2) by striking ``The Secretary of Agriculture shall
restrict'' and all that follows and inserting the following:
``(II) The Secretary of Agriculture may share any
information contained in any list referred to in subclause
(I) with any other agency or instrumentality of the United
States which otherwise has access to social security account
numbers in accordance with this subsection or other
applicable Federal law, except that the Secretary of
Agriculture may share such information only to the extent
that such Secretary determines such sharing would assist in
verifying and matching such information against information
maintained by such other agency or instrumentality. Any such
information shared pursuant to this subclause may be used by
such other agency or instrumentality only for the purpose of
effective administration and enforcement of the Food Stamp
Act of 1977 or for the purpose of investigation of violations
of other Federal laws or enforcement of such laws.
``(III) The Secretary of Agriculture, and the head of any
other agency or instrumentality referred to in this
subclause, shall restrict, to the satisfaction of the
Secretary of Health and Human Services, access to social
security account numbers obtained pursuant to this clause
only to officers and employees of the United States whose
duties or responsibilities require access for the purposes
described in subclause (II).
``(IV) The Secretary of Agriculture, and the head of any
agency or instrumentality with which information is shared
pursuant to clause (II), shall provide such other safeguards
as the Secretary of Health and Human Services determines to
be necessary or appropriate to protect the confidentiality of
the social security account numbers.''.
(b) Employer Identification Number Information.--Subsection
(f) of section 6109 of the Internal Revenue Code of 1986 (as
added by section 1735(c) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (Public Law 101-624; 104
Stat. 3792)) (relating to access to employer identification
numbers by Secretary of Agriculture for purposes of Food
Stamp Act of 1977) is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) Sharing of information and safeguards.--
``(A) Sharing of information.--The Secretary of Agriculture
may share any information contained in any list referred to
in paragraph (1) with any other agency or instrumentality of
the United States which otherwise has access to employer
identification numbers in accordance with this section or
other applicable Federal law, except that the Secretary of
Agriculture may share such information only to the extent
that such Secretary determines such sharing would assist in
verifying and matching such information against information
maintained by such other agency or instrumentality. Any such
information shared pursuant to this subparagraph may be used
by such other agency or instrumentality only for the purpose
of effective administration and enforcement of the Food Stamp
Act of 1977 or for the purpose of investigation of violations
of other Federal laws or enforcement of such laws.
``(B) Safeguards.--The Secretary of Agriculture, and the
head of any other agency or instrumentality referred to in
subparagraph (A), shall restrict, to the satisfaction of the
Secretary of the Treasury, access to employer identification
numbers obtained pursuant to this subsection only to officers
and employees of the United States whose duties or
responsibilities require access for the purposes described in
subparagraph (A). The Secretary of Agriculture, and the head
of any agency or instrumentality with which information is
shared pursuant to subparagraph (A), shall provide such other
safeguards as the Secretary of the Treasury determines to be
necessary or appropriate to protect the confidentiality of
the employer identification numbers.'';
(2) in paragraph (3), by striking ``by the Secretary of
Agriculture pursuant to this subsection'' and inserting
``pursuant to this subsection by the Secretary of Agriculture
or the head of any agency or instrumentality
[[Page 1573]]
with which information is shared pursuant to paragraph (2)'',
and by striking ``social security account numbers'' and
inserting ``employer identification numbers''; and
(3) in paragraph (4), by striking ``by the Secretary of
Agriculture pursuant to this subsection'' and inserting
``pursuant to this subsection by the Secretary of Agriculture
or any agency or instrumentality with which information is
shared pursuant to paragraph (2)''.
SEC. 317. CERTAIN TRANSFERS TO RAILROAD RETIREMENT ACCOUNT
MADE PERMANENT.
Subsection (c)(1)(A) of section 224 of the Railroad
Retirement Solvency Act of 1983 (relating to section 72(r)
revenue increase transferred to certain railroad accounts) is
amended by striking ``with respect to benefits received
before October 1, 1992''.
SEC. 318. AUTHORIZATION FOR USE OF SOCIAL SECURITY ACCOUNT
NUMBERS BY DEPARTMENT OF LABOR IN
ADMINISTRATION OF FEDERAL WORKERS' COMPENSATION
LAWS.
Section 205(c)(2)(C) of the Social Security Act (42 U.S.C.
405(c)(2)(C)) is amended by adding at the end the following
new clause:
``(ix) In the administration of the provisions of chapter
81 of title 5, United States Code, and the Longshore and
Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.), the
Secretary of Labor may require by regulation that any person
filing a notice of injury or a claim for benefits under such
provisions provide as part of such notice or claim such
person's social security account number, subject to the
requirements of this clause. No officer or employee of the
Department of Labor shall have access to any such number for
any purpose other than the establishment of a system of
records necessary for the effective administration of such
provisions. The Secretary of Labor shall restrict, to the
satisfaction of the Secretary of Health and Human Services,
access to social security account numbers obtained pursuant
to this clause to officers and employees of the United States
whose duties or responsibilities require access for the
administration or enforcement of such provisions. The
Secretary of Labor shall provide such other safeguards as the
Secretary of Health and Human Services determines to be
necessary or appropriate to protect the confidentiality of
the social security account numbers.''.
SEC. 319. COVERAGE UNDER FICA OF FEDERAL EMPLOYEES
TRANSFERRED TEMPORARILY TO INTERNATIONAL
ORGANIZATIONS.
(a) Treatment of Service in the Employ of International
Organizations by Certain Transferred Federal Employees.--
(1) In general.--Section 3121 of the Internal Revenue Code
of 1986 (relating to definitions) is amended by adding at the
end the following new subsection:
``(y) Service in the Employ of International Organizations
by Certain Transferred Federal Employees.--
``(1) In general.--For purposes of this chapter, service
performed in the employ of an international organization by
an individual pursuant to a transfer of such individual to
such international organization pursuant to section 3582 of
title 5, United States Code, shall constitute `employment'
if--
``(A) immediately before such transfer, such individual
performed service with a Federal agency which constituted
`employment' under subsection (b) for purposes of the taxes
imposed by sections 3101(a) and 3111(a), and
``(B) such individual would be entitled, upon separation
from such international organization and proper application,
to reemployment with such Federal agency under such section
3582.
``(2) Definitions.--For purposes of this subsection--
``(A) Federal agency.--The term `Federal agency' means an
agency, as defined in section 3581(1) of title 5, United
States Code.
``(B) International organization.--The term `international
organization' has the meaning provided such term by section
3581(3) of title 5, United States Code.''
(2) Contributions by federal agency.--Section 3122 of such
Code (relating to Federal service) is amended by inserting
after the first sentence the following new sentence: ``In the
case of the taxes imposed by this chapter with respect to
service performed in the employ of an international
organization pursuant to a transfer to which the provisions
of section 3121(y) are applicable, the determination of the
amount of remuneration for such service, and the return and
payment of the taxes imposed by this chapter, shall be made
by the head of the Federal agency from which the transfer was
made.''
(3) Collection of employee contributions.--Section 3102 of
such Code (relating to deduction of tax from wages) is
amended by adding at the end the following new subsection:
``(e) Special Rule for Certain Transferred Federal
Employees.--In the case of any payments of wages for service
performed in the employ of an international organization
pursuant to a transfer to which the provisions of section
3121(y) are applicable--
``(1) subsection (a) shall not apply,
``(2) the head of the Federal agency from which the
transfer was made shall separately include on the statement
required under section 6051--
``(A) the amount determined to be the amount of the wages
for such service, and
``(B) the amount of the tax imposed by section 3101 on such
payments, and
``(3) the tax imposed by section 3101 on such payments
shall be paid by the employee.''
(4) Exclusion from treatment as trade or business.--
Paragraph (2)(C) of section 1402(c) of such Code (defining
trade or business) is amended by adding at the end the
following: ``except service which constitutes `employment'
under section 3121(y),''.
(5) Conforming amendment.--Paragraph (15) of section
3121(b) of such Code is amended by inserting ``, except
service which constitutes `employment' under subsection (y)''
after ``organization''.
(b) Amendments to the Social Security Act.--
(1) In general.--Section 210 of the Social Security Act (42
U.S.C. 410) is amended by adding at the end the following new
subsection:
``service in the employ of international organizations by certain
transferred federal employees
``(r)(1) For purposes of this title, service performed in
the employ of an international organization by an individual
pursuant to a transfer of such individual to such
international organization pursuant to section 3582 of title
5, United States Code, shall constitute `employment' if--
``(A) immediately before such transfer, such individual
performed service with a Federal agency which constituted
`employment' as defined in subsection (a), and
``(B) such individual would be entitled, upon separation
from such international organization and proper application,
to reemployment with such Federal agency under such section
3582.
``(2) For purposes of this subsection:
``(A) The term `Federal agency' means an agency, as defined
in section 3581(1) of title 5, United States Code.
``(B) The term `international organization' has the meaning
provided such term by section 3581(3) of title 5, United
States Code.''
(2) Exclusion from treatment as trade or business.--Section
211(c)(2)(C) of such Act (42 U.S.C. 411(c)(2)(C)) is amended
by inserting before the semicolon the following ``, except
service which constitutes `employment' under section
210(r)''.
(3) Conforming amendment.--Section 210(a)(15) of such Act
(42 U.S.C. 410(a)(15)) is amended by inserting ``, except
service which constitutes `employment' under subsection (r)''
before the semicolon.
(c) Effective Date.--The amendments made by this section
shall apply with respect to service performed after the
calendar quarter following the calendar quarter in which the
date of the enactment of this Act occurs.
SEC. 320. EXTENSION OF THE FICA TAX EXEMPTION AND CERTAIN TAX
RULES TO INDIVIDUALS WHO ENTER THE UNITED
STATES UNDER A VISA ISSUED UNDER SECTION 101 OF
THE IMMIGRATION AND NATIONALITY ACT.
(a) Amendments to the Internal Revenue Code of 1986.--
(1) The following provisions of the Internal Revenue Code
of 1986 are each amended by striking ``(J), or (M)'' each
place it appears and inserting ``(J), (M), or (Q)'':
(A) Section 871(c).
(B) Section 1441(b).
(C) Section 3121(b)(19).
(D) Section 3231(e)(1).
(E) Section 3306(c)(19).
(2) Paragraph (3) of section 872(b) of such Code is amended
by striking ``(F) or (J)'' and inserting ``(F), (J), or
(Q)''.
(3) Paragraph (5) of section 7701(b) of such Code is
amended by striking ``subparagraph (J)'' in subparagraphs
(C)(i) and (D)(i)(II) and inserting ``subparagraph (J) or
(Q)''.
(b) Amendment to Social Security Act.--Paragraph (19) of
section 210(a) of the Social Security Act is amended by
striking ``(J), or (M)'' each place it appears and inserting
``(J), (M), or (Q)''.
(c) Effective Date.--The amendments made by this subsection
shall take effect with the calendar quarter following the
date of the enactment of this Act.
SEC. 321. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Amendments to Title II of the Social Security Act.--
(1) Section 201(a) of the Social Security Act (42 U.S.C.
401(a)) is amended, in the matter following clause (4), by
striking ``and and'' and inserting ``and''.
(2) Section 202(d)(8)(D)(ii) of such Act (42 U.S.C.
402(d)(8)(D)(ii)) is amended by adding a period at the end,
and by adjusting the left hand margination thereof so as to
align with section 202(d)(8)(D)(i) of such Act.
(3) Section 202(q)(1)(A) of such Act (42 U.S.C.
402(q)(1)(A)) is amended by striking the dash at the end.
(4) Section 202(q)(9) of such Act (42 U.S.C. 402(q)(9)) is
amended, in the matter preceding subparagraph (A), by
striking ``parargaph'' and inserting ``paragraph''.
(5) Section 202(t)(4)(D) of such Act (42 U.S.C.
402(t)(4)(D)) is amended by inserting ``if the'' before
``Secretary'' the second and third places it appears.
(6) Clauses (i) and (ii) of section 203(f)(5)(C) of such
Act (42 U.S.C. 403(f)(5)(C)) are amended by adjusting the
left-hand margination thereof so as to align with clauses (i)
and (ii) of section 203(f)(5)(B) of such Act.
(7) Paragraph (3)(A) and paragraph (3)(B) of section 205(b)
of such Act (42 U.S.C. 405(b)) are amended by adjusting the
left-hand margination thereof so as to align with the matter
following section 205(b)(2)(C) of such Act.
(8) Section 205(c)(2)(B)(iii) of such Act (42 U.S.C.
405(c)(2)(B)(iii)) is amended by striking ``non-public'' and
inserting ``nonpublic''.
(9) Section 205(c)(2)(C) of such Act (42 U.S.C.
405(c)(2)(C)) is amended--
[[Page 1574]]
(A) by striking the clause (vii) added by section 2201(c)
of Public Law 101-624;
(B) by redesignating the clause (iii) added by section
2201(b)(3) of Public Law 101-624, clause (iv), clause (v),
clause (vi), and the clause (vii) added by section 1735(b) of
Public Law 101-624 as clause (iv), clause (v), clause (vi),
clause (vii), and clause (viii), respectively;
(C) in clause (v) (as redesignated), by striking
``subclause (I) of'', and by striking ``subclause (II) of
clause (i)'' and inserting ``clause (ii)''; and
(D) in clause (viii)(IV) (as redesignated), by inserting
``a social security account number or'' before ``a request
for''.
(10) The heading for section 205(j) of such Act (42 U.S.C.
405(j)) is amended to read as follows:
``Representative Payees''.
(11) The heading for section 205(s) of such Act (42 U.S.C.
405(s)) is amended to read as follows:
``Notice Requirements''.
(12) Section 208(c) of such Act (42 U.S.C. 408(c)) is
amended by striking ``subsection (g)'' and inserting
``subsection (a)(7)''.
(13) Section 210(a)(5)(B)(i)(V) of such Act (42 U.S.C.
410(a)(5)(B)(i)(V)) is amended by striking ``section
105(e)(2)'' and inserting ``section 104(e)(2)''.
(14) Section 211(a) of such Act (42 U.S.C. 411(a)) is
amended--
(A) in paragraph (13), by striking ``and'' at the end; and
(B) in paragraph (14), by striking the period and inserting
``; and''.
(15) Section 213(c) of such Act (42 U.S.C. 413(c)) is
amended by striking ``section'' the first place it appears
and inserting ``sections''.
(16) Section 215(a)(5)(B)(i) of such Act (42 U.S.C.
415(a)(5)(B)(i)) is amended by striking ``subsection'' the
second place it appears and inserting ``subsections''.
(17) Section 215(f)(7) of such Act (42 U.S.C. 415(f)(7)) is
amended by inserting a period after ``1990''.
(18) Subparagraph (F) of section 218(c)(6) of such Act (42
U.S.C. 418(c)(6)) is amended by adjusting the left-hand
margination thereof so as to align with section 218(c)(6)(E)
of such Act.
(19) Section 223(i) of such Act (42 U.S.C. 423(i)) is
amended by adding at the beginning the following heading:
``Limitation on Payments to Prisoners''.
(b) Related Amendments.--
(1) Section 603(b)(5)(A) of Public Law 101-649 (amending
section 202(n)(1) of the Social Security Act) (104 Stat.
5085) is amended by inserting ``under'' before ``paragraph
(1),'' and by striking ``(17), or (18)'' and inserting
``(17), (18), or (19)'', effective as if this paragraph were
included in such section 603(b)(5)(A).
(2) Section 10208(b)(1) of Public Law 101-239 (amending
section 230(b)(2)(A) of the Social Security Act) (103 Stat.
2477) is amended by striking ``230(b)(2)(A)'' and
``430(b)(2)(A)'' and inserting ``230(b)(2)'' and
``430(b)(2)'', respectively, effective as if this paragraph
were included in such section 10208(b)(1).
(c) Conforming, Clerical Amendments Updating, Without
Substantive Change, References in Title II of the Social
Security Act to the Internal Revenue Code.--
(1)(A)(i) Section 201(g)(1) of such Act (42 U.S.C.
401(g)(1)) is amended--
(I) in subparagraph (A)(i), by striking ``and subchapter
E'' and all that follows through ``1954'' and inserting ``and
chapters 2 and 21 of the Internal Revenue Code of 1986'';
(II) in subparagraph (A)(ii), by striking ``1954'' and
inserting ``1986'';
(III) in the matter in subparagraph (A) following clause
(ii), by striking ``subchapter E'' and all that follows
through ``1954.'' and inserting ``chapters 2 and 21 of the
Internal Revenue Code of 1986.'', and by striking ``1954
other'' and inserting ``1986 other''; and
(IV) in subparagraph (B), by striking ``1954'' each place
it appears and inserting ``1986''.
(ii) The amendments made by clause (i) shall apply only
with respect to periods beginning on or after the date of the
enactment of this Act.
(B)(i) Section 201(g)(2) of such Act (42 U.S.C. 401(g)(2))
is amended by striking ``section 3101(a)'' and all that
follows through ``1950.'' and inserting ``section 3101(a) of
the Internal Revenue Code of 1986 which are subject to refund
under section 6413(c) of such Code with respect to wages (as
defined in section 3121 of such Code).'', and by striking
``wages reported'' and all that follows through ``1954,'' and
inserting ``wages reported to the Secretary of the Treasury
or his delegate pursuant to subtitle F of such Code,''.
(ii) The amendments made by clause (i) shall apply only
with respect to wages paid on or after January 1, 1995.
(C) Section 201(g)(4) of such Act (42 U.S.C. 401(g)(4)) is
amended--
(i) by striking ``The Board of Trustees shall prescribe
before January 1, 1981, the method'' and inserting ``If at
any time or times the Boards of Trustees of such Trust Funds
deem such action advisable, they may modify the method
prescribed by such Boards'';
(ii) by striking ``1954'' and inserting ``1986''; and
(iii) by striking the last sentence.
(2) Section 202(v) of such Act (42 U.S.C. 402(v)) is
amended--
(A) in paragraph (1), by striking ``1954'' and inserting
``1986''; and
(B) in paragraph (3)(A), by inserting ``of the Internal
Revenue Code of 1986'' after ``3127''.
(3) Section 205(c)(5)(F)(i) of such Act (42 U.S.C.
405(c)(5)(F)(i)) is amended by inserting ``or the Internal
Revenue Code of 1986'' after ``1954''.
(4)(A) Section 209(a)(4)(A) of such Act (42 U.S.C.
409(a)(4)(A)) is amended by inserting ``or the Internal
Revenue Code of 1986'' after ``Internal Revenue Code of
1954''.
(B) Section 209(a) of such Act (42 U.S.C. 409(a)) is
amended--
(i) in subparagraphs (C) and (E) of paragraph (4),
(ii) in paragraph (5)(A),
(iii) in subparagraphs (A) and (B) of paragraph (14),
(iv) in paragraph (15),
(v) in paragraph (16), and
(vi) in paragraph (17),
by striking ``1954'' each place it appears and inserting
``1986''.
(C) Subsections (b), (f), (g), (i)(1), and (j) of section
209 of such Act (42 U.S.C. 409) are amended by striking
``1954'' each place it appears and inserting ``1986''.
(5) Section 211(a)(15) of such Act (42 U.S.C. 411(a)(15))
is amended by inserting ``of the Internal Revenue Code of
1986'' after ``section 162(m)''.
(6) Title II of such Act is further amended--
(A) in subsections (f)(5)(B)(ii) and (k) of section 203 (42
U.S.C. 403),
(B) in section 205(c)(1)(D)(i) (42 U.S.C. 405(c)(1)(D)(i)),
(C) in the matter in section 210(a) (42 U.S.C. 410(a))
preceding paragraph (1) and in paragraphs (8), (9), and (10)
of section 210(a),
(D) in subsections (p)(4) and (q) of section 210 (42 U.S.C.
410),
(E) in the matter in section 211(a) (42 U.S.C. 411(a))
preceding paragraph (1) and in paragraphs (3), (4), (6),
(10), (11), and (12) and clauses (iii) and (iv) of section
211(a),
(F) in the matter in section 211(c) (42 U.S.C. 411(c))
preceding paragraph (1), in paragraphs (3) and (6) of section
211(c), and in the matter following paragraph (6) of section
211(c),
(G) in subsections (d), (e), and (h)(1)(B) of section 211
(42 U.S.C. 411),
(H) in section 216(j) (42 U.S.C. 416(j)),
(I) in section 218(e)(3) (42 U.S.C. 418(e)(3)),
(J) in section 229(b) (42 U.S.C. 429(b)),
(K) in section 230(c) (42 U.S.C. 430(c)), and
(L) in section 232 (42 U.S.C. 432),
by striking ``1954'' each place it appears and inserting
``1986''.
(d) Rules of Construction.--
(1) The preceding provisions of this section shall be
construed only as technical and clerical corrections and as
reflecting the original intent of the provisions amended
thereby.
(2) Any reference in title II of the Social Security Act to
the Internal Revenue Code of 1986 shall be construed to
include a reference to the Internal Revenue Code of 1954 to
the extent necessary to carry out the provisions of paragraph
(1).
(e) Utilization of National Average Wage Index for Wage-
Based Adjustments.--
(1) Definition of national average wage index.--Section
209(k) of the Social Security Act (42 U.S.C. 409(k)) is
amended--
(A) by redesignating paragraph (2) as paragraph (3);
(B) in paragraph (3) (as redesignated), by striking
``paragraph (1)'' and inserting ``this subsection''; and
(C) by striking paragraph (1) and inserting the following
new paragraphs:
``(k)(1) For purposes of sections 203(f)(8)(B)(ii),
213(d)(2)(B), 215(a)(1)(B)(ii), 215(a)(1)(C)(ii),
215(a)(1)(D), 215(b)(3)(A)(ii), 215(i)(1)(E),
215(i)(2)(C)(ii), 224(f)(2)(B), and 230(b)(2) (and 230(b)(2)
as in effect immediately prior to the enactment of the Social
Security Amendments of 1977), the term `national average wage
index' for any particular calendar year means, subject to
regulations of the Secretary under paragraph (2), the average
of the total wages for such particular calendar year.
``(2) The Secretary shall prescribe regulations under which
the national average wage index for any calendar year shall
be computed--
``(A) on the basis of amounts reported to the Secretary of
the Treasury or his delegate for such year,
``(B) by disregarding the limitation on wages specified in
subsection (a)(1),
``(C) with respect to calendar years after 1990, by
incorporating deferred compensation amounts and factoring in
for such years the rate of change from year to year in such
amounts, in a manner consistent with the requirements of
section 10208 of the Omnibus Budget Reconciliation Act of
1989, and
``(D) with respect to calendar years before 1978, in a
manner consistent with the manner in which the average of the
total wages for each of such calendar years was determined as
provided by applicable law as in effect for such years.''.
(2) Conforming amendments.--
(A) Section 213(d)(2)(B) of such Act (42 U.S.C.
413(d)(2)(B)) is amended by striking ``deemed average total
wages'' and inserting ``national average wage index'', and by
striking ``the average of the total wages'' and all that
follows and inserting ``the national average wage index (as
so defined) for 1976,''.
(B) Section 215(a)(1)(B)(ii) of such Act (42 U.S.C.
415(a)(1)(B)(ii)) is amended--
(i) in subclause (I), by striking ``deemed average total
wages'' and inserting ``national average wage index''; and
[[Page 1575]]
(ii) in subclause (II), by striking ``the average of the
total wages'' and all that follows and inserting ``the
national average wage index (as so defined) for 1977.''.
(C) Section 215(a)(1)(C)(ii) of such Act (42 U.S.C.
415(a)(1)(C)(ii)) is amended by striking ``deemed average
total wages'' and inserting ``national average wage index''.
(D) Section 215(a)(1)(D) of such Act (42 U.S.C.
415(a)(1)(D)) is amended--
(i) by striking ``after 1978'';
(ii) by striking ``and the average of the total wages (as
described in subparagraph (B)(ii)(I))'' and inserting ``and
the national average wage index (as defined in section
209(k)(1))''; and
(iii) by striking the last sentence.
(E) Section 215(b)(3)(A)(ii) of such Act (42 U.S.C.
415(b)(3)(A)(ii)) is amended by striking ``deemed average
total wages'' each place it appears and inserting ``national
average wage index''.
(F) Section 215(i)(1) of such Act (42 U.S.C. 415(i)(1)) is
amended--
(i) in subparagraph (E), by striking ``SSA average wage
index'' and inserting ``national average wage index (as
defined in section 209(k)(1))''; and
(ii) by striking subparagraph (G) and redesignating
subparagraph (H) as subparagraph (G).
(G) Section 215(i)(2)(C)(ii) of such Act (42 U.S.C.
415(i)(1)(C)(ii)) is amended to read as follows:
``(ii) The Secretary shall determine and promulgate the
OASDI fund ratio for the current calendar year on or before
November 1 of the current calendar year, based upon the most
recent data then available. The Secretary shall include a
statement of the fund ratio and the national average wage
index (as defined in section 209(k)(1)) and a statement of
the effect such ratio and the level of such index may have
upon benefit increases under this subsection in any
notification made under clause (i) and any determination
published under subparagraph (D).''.
(H) Section 224(f)(2) of such Act (42 U.S.C. 424a(f)(2)) is
amended--
(i) in subparagraph (A), by adding ``and'' at the end;
(ii) by striking subparagraph (C); and
(iii) by striking subparagraph (B) and inserting the
following:
``(B) the ratio of (i) the national average wage index (as
defined in section 209(k)(1)) for the calendar year before
the year in which such redetermination is made to (ii) the
national average wage index (as so defined) for the calendar
year before the year in which the reduction was first
computed (but not counting any reduction made in benefits for
a previous period of disability).''.
(f) Technical Corrections Related to OASDI in the Omnibus
Budget Reconciliation Act of 1990.--
(1) Amendments related to provisions in section 5103(b)
relating to disabled widows.--Section 223(f)(2) of the Social
Security Act (42 U.S.C. 423(f)(2)) is amended--
(A) in subparagraph (A), by striking ``(in a case to which
clause (ii)(II) does not apply)''; and
(B) by striking subparagraph (B)(ii) and inserting the
following:
``(ii) the individual is now able to engage in substantial
gainful activity; or''.
(2) Amendments related to provisions in section 5105(d)
relating to representative payees.--
(A) Title ii amendments.--Section 5105(d)(1)(A) of the
Omnibus Budget Reconciliation Act of 1990 (Public Law 101-
508) is amended--
(i) by striking ``Section 205(j)(5)'' and inserting
``Section 205(j)(6)''; and
(ii) by redesignating the paragraph (5) as amended thereby
as paragraph (6).
(B) Title xvi amendments.--Section 1631(a)(2) of the Social
Security Act (42 U.S.C. 1383(a)(2)) is amended--
(i) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(ii) by inserting after subparagraph (D) the following:
``(E) Restitution.--In cases where the negligent failure of
the Secretary to investigate or monitor a representative
payee results in misuse of benefits by the representative
payee, the Secretary shall make payment to the beneficiary or
the beneficiary's representative payee of an amount equal to
such misused benefits. The Secretary shall make a good faith
effort to obtain restitution from the terminated
representative payee.''.
(3) Amendments related to provisions in section 5106
relating to coordination of rules under titles ii and xvi
governing fees for representatives of claimants with
entitlements under both titles.--
(A) Calculation of fee of claimant's representative based
on amount of past-due supplemental security income benefits
after application of windfall offset provision.--Section
1631(d)(2)(A)(i) of the Social Security Act (as amended by
section 5106(a)(2) of the Omnibus Budget Reconciliation Act
of 1990) (42 U.S.C. 1383(d)(2)(A)(i)) is amended to read as
follows:
``(i) by substituting, in subparagraphs (A)(ii)(I) and
(C)(i), the phrase `(as determined before any applicable
reduction under section 1631(g), and reduced by the amount of
any reduction in benefits under this title or title II made
pursuant to section 1127(a))' for the parenthetical phrase
contained therein; and''.
(B) Calculation of past-due benefits for purposes of
determining attorney fees in judicial proceedings.--
(i) In general.--Section 206(b)(1) of such Act (42 U.S.C.
406(b)(1)) is amended--
(I) by inserting ``(A)'' after ``(b)(1)''; and
(II) by adding at the end the following new subparagraph:
``(B) For purposes of this paragraph--
``(i) the term `past-due benefits' excludes any benefits
with respect to which payment has been continued pursuant to
subsection (g) or (h) of section 223, and
``(ii) amounts of past-due benefits shall be determined
before any applicable reduction under section 1127(a).''.
(ii) Protection from offsetting ssi benefits.--The last
sentence of section 1127(a) of such Act (as added by section
5106(b) of the Omnibus Budget Reconciliation Act of 1990) (42
U.S.C. 1320a-6(a)) is amended by striking ``section
206(a)(4)'' and inserting ``subsection (a)(4) or (b) of
section 206''.
(4) Application of single dollar amount ceiling to
concurrent claims under titles ii and xvi.--
(A) In general.--Section 206(a)(2) of such Act (as amended
by section 5106(a)(1) of the Omnibus Budget Reconciliation
Act of 1990) (42 U.S.C. 406(a)(2)) is amended--
(i) by redesignating subparagraph (C) as subparagraph (D);
and
(ii) by inserting after subparagraph (B) the following new
subparagraph:
``(C) In any case involving--
``(i) an agreement described in subparagraph (A) with any
person relating to both a claim of entitlement to past-due
benefits under this title and a claim of entitlement to past-
due benefits under title XVI, and
``(ii) a favorable determination made by the Secretary with
respect to both such claims,
the Secretary may approve such agreement only if the total
fee or fees specified in such agreement does not exceed, in
the aggregate, the dollar amount in effect under subparagraph
(A)(ii)(II).''.
(B) Conforming amendment.--Section 206(a)(3)(A) of such Act
(as amended by section 5106(a)(1) of the Omnibus Budget
Reconciliation Act of 1990) (42 U.S.C. 406(a)(3)(A)) is
amended by striking ``paragraph (2)(C)'' and inserting
``paragraph (2)(D)''.
(5) Effective date.--Each amendment made by this subsection
shall take effect as if included in the provisions of the
Omnibus Budget Reconciliation Act of 1990 to which such
amendment relates, except that the amendments made by
paragraph (3)(B) shall apply with respect to favorable
judgments made after 180 days after the date of the enactment
of this Act.
(g) Elimination of Rounding Distortion in the Calculation
of the Old-Age, Survivors, and Disability Insurance
Contribution and Benefit Base and the Earnings Test Exempt
Amounts.--
(1) Adjustment of oasdi contribution and benefit base.--
(A) In general.--Section 230(b) of the Social Security Act
(42 U.S.C. 430(b)) is amended by striking paragraphs (1) and
(2) and inserting the following:
``(1) $60,600, and
``(2) the ratio of (A) the national average wage index (as
defined in section 209(k)(1)) for the calendar year before
the calendar year in which the determination under subsection
(a) is made to (B) the national average wage index (as so
defined) for 1992,''.
(B) Conforming amendment relating to applicable prior
law.--Section 230(d) of such Act (42 U.S.C. 430(d)) is
amended by striking ``(except that'' and all that follows
through the end and inserting ``(except that, for purposes of
subsection (b) of such section 230 as so in effect, the
reference to the contribution and benefit base in paragraph
(1) of such subsection (b) shall be deemed a reference to an
amount equal to $45,000, each reference in paragraph (2) of
such subsection (b) to the average of the wages of all
employees as reported to the Secretary of the Treasury shall
be deemed a reference to the national average wage index (as
defined in section 209(k)(1)), the reference to a preceding
calendar year in paragraph (2)(A) of such subsection (b)
shall be deemed a reference to the calendar year before the
calendar year in which the determination under subsection (a)
of such section 230 is made, and the reference to a calendar
year in paragraph (2)(B) of such subsection (b) shall be
deemed a reference to 1992).''.
(C) Adjustment of contribution and benefit base applicable
in determining years of coverage for purposes of special
minimum primary insurance amount.--Section 215(a)(1)(C)(ii)
of such Act is amended by striking ``(except that'' and all
that follows through the end and inserting ``(except that,
for purposes of subsection (b) of such section 230 as so in
effect, the reference to the contribution and benefit base in
paragraph (1) of such subsection (b) shall be deemed a
reference to an amount equal to $45,000, each reference in
paragraph (2) of such subsection (b) to the average of the
wages of all employees as reported to the Secretary of the
Treasury shall be deemed a reference to the national average
wage index (as defined in section 209(k)(1)), the reference
to a preceding calendar year in paragraph (2)(A) of such
subsection (b) shall be deemed a reference to the calendar
year before the calendar year in which the determination
under subsection (a) of such section 230 is made, and the
reference to a calendar year in paragraph (2)(B) of such
subsection (b) shall be deemed a reference to 1992).''.
(2) Adjustment of earnings test exempt amount.--Section
203(f)(8)(B)(ii) of the Social Security Act (42 U.S.C.
403(f)(8)(B)(ii)) is amended to read as follows:
``(ii) the product of the corresponding exempt amount which
is in effect with respect
[[Page 1576]]
to months in the taxable year ending after 1993 and before
1995, and the ratio of--
``(I) the national average wage index (as defined in
section 209(k)(1)) for the calendar year before the calendar
year in which the determination under subparagraph (A) is
made, to
``(II) the national average wage index (as so defined) for
1992,
with such product, if not a multiple of $10, being rounded to
the next higher multiple of $10 where such product is a
multiple of $5 but not of $10 and to the nearest multiple of
$10 in any other case.''.
(3) Effective dates.--
(A) The amendments made by paragraph (1) shall be effective
with respect to the determination of the contribution and
benefit base for years after 1994.
(B) The amendment made by paragraph (2) shall be effective
with respect to the determination of the exempt amounts
applicable to any taxable year ending after 1994.
(h) Technical Amendments to Title XVI.--(1) Section 1631 of
the Social Security Act (42 U.S.C. 1383) is amended--
(A) in the 1st subsection (n), by striking ``subsection''
and inserting ``title''; and
(B) by redesignating the 2nd subsection (n) as subsection
(o).
(2) Section 1613(a) of such Act (42 U.S.C. 1382b(a)) is
amended--
(A) by striking ``and'' at the end of paragraph (9);
(B) by striking the period at the end of the 1st paragraph
(10) and inserting ``; and''; and
(C) by redesignating the 2nd paragraph (10) as paragraph
(11).
(3) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act.
And the Senate agree to the same.
Sam Gibbons,
Dan Rostenkowski,
J.J. Pickle,
Andrew Jacobs, Jr.,
Harold Ford,
Bill Archer,
Jim Bunning,
Rick Santorum,
Managers on the Part of the House.
Daniel P. Moynihan,
Max Baucus,
John Breaux,
Bob Packwood,
Bob Dole,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
By unanimous consent, the previous question was ordered on the
conference report to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. SERRANO, announced that the yeas had it.
Mr. JACOBS objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
431
When there appeared
<3-line {>
Nays
0
Para. 95.6 [Roll No. 392]
YEAS--431
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--3
Brown (FL)
Ford (TN)
Washington
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 95.7 providing for the consideration of h.r. 4907
Mr. DERRICK, by direction of the Committee on Rules, called up the
following resolution (H. Res. 512):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 4907) to reform the concept of baseline
budgeting. The first reading of the bill shall be dispensed
with. All points of order against consideration of the bill
are waived. General debate shall be confined to the bill and
the amendments made in order by this resolution and shall not
exceed one hour, with thirty minutes equally divided and
controlled by the chairman and ranking minority member of the
Committee on Rules and thirty minutes equally divided and
controlled by the chairman and ranking minority member of the
Committee on Government Operations. After general debate the
bill shall be considered for amendment under the five-minute
rule. It shall be in order to consider as an original bill
for the purpose of amendment under the five-minute rule the
amendment in the nature of a substitute recommended by the
Committee on Rules now printed in the bill. The committee
amendment in the nature of a substitute shall be considered
as read. No other amendment shall be in order except those
printed in the report of the Committee on Rules accompanying
this resolution. Each amendment may be offered only in the
order printed, may be offered only by a Member designated in
the report, shall be considered
[[Page 1577]]
as read, shall be debatable for the time specified in the
report equally divided and controlled by the proponent and an
opponent, and shall not be subject to amendment. All points
of order against the amendments printed in the report are
waived. If more than one of the amendments printed in the
report is adopted, only the last to be adopted shall be
considered as finally adopted and reported to the House. At
the conclusion of consideration of the bill for amendment the
Committee shall rise and report the bill to the House with
such amendment as may have been finally adopted. Any Member
may demand a separate vote in the House on any amendment
adopted in the Committee of the Whole to the bill or to the
committee amendment in the nature of a substitute. The
previous question shall be considered as ordered on the bill
and any amendment thereto to final passage without
intervening motion except one motion to recommit with or
without instructions.
When said resolution was considered.
After debate,
On motion of Mr. DERRICK, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. SERRANO, announced that the yeas had it.
Mr. WALKER objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
255
When there appeared
<3-line {>
Nays
178
Para. 95.8 [Roll No. 393]
YEAS--255
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Blute
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--178
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Coble
Collins (GA)
Combest
Cooper
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--1
Washington
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 95.9 waiving points of order against the conference report on h.r.
3355
Mr. DERRICK, by direction of the Committee on Rules, called up the
following resolution (H. Res. 517):
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
amendments of the House to the amendment of the Senate to the
bill (H.R. 3355) to amend the Omnibus Crime Control and Safe
Streets Act of 1968 to allow grants to increase police
presence, to expand and improve cooperative efforts between
law enforcement agencies and members of the community to
address crime and disorder problems, and otherwise to enhance
public safety. All points of order against the conference
report and against its consideration are waived. The
conference report shall be considered as read.
When said resolution was considered.
After debate,
On motion of Mr. DERRICK, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. RUSH, announced that the yeas had it.
Mr. GOSS demanded a recorded vote on agreeing to said resolution,
which demand was supported by one-fifth of a quorum, so a recorded vote
was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
210
<3-line {>
negative
Nays
225
Para. 95.10 [Roll No. 394]
AYES--210
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Blute
Boehlert
Bonior
Borski
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Coppersmith
Coyne
Cramer
Darden
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Filner
Fingerhut
Flake
Foglietta
Foley
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Glickman
Gonzalez
Gordon
Grandy
Green
Gutierrez
Hall (OH)
Hamburg
Harman
Hastings
Hefner
Hinchey
Hoagland
Hochbrueckner
Houghton
Hoyer
Hughes
Hutto
Inslee
Jacobs
[[Page 1578]]
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Kopetski
Kreidler
LaFalce
Lambert
Lantos
Lehman
Levin
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Penny
Pickle
Pomeroy
Price (NC)
Quinn
Ramstad
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schroeder
Schumer
Serrano
Sharp
Shays
Shepherd
Skaggs
Slattery
Slaughter
Spratt
Stark
Studds
Swett
Swift
Synar
Thompson
Thornton
Torres
Torricelli
Towns
Traficant
Tucker
Valentine
Velazquez
Vento
Visclosky
Waxman
Wheat
Whitten
Woolsey
Wyden
Wynn
Yates
NOES--225
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Boehner
Bonilla
Boucher
Brewster
Browder
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chapman
Clay
Clinger
Coble
Collins (GA)
Combest
Cooper
Costello
Cox
Crane
Crapo
Cunningham
Danner
de la Garza
Deal
DeFazio
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (LA)
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hilliard
Hobson
Hoekstra
Hoke
Holden
Horn
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kasich
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
Kyl
Lancaster
LaRocco
Laughlin
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McCurdy
McDade
McHugh
McInnis
McKeon
McMillan
Mica
Michel
Miller (FL)
Molinari
Mollohan
Moorhead
Myers
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce (OH)
Quillen
Rahall
Rangel
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Scott
Sensenbrenner
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stokes
Strickland
Stump
Stupak
Sundquist
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thurman
Torkildsen
Unsoeld
Upton
Volkmer
Vucanovich
Walker
Walsh
Washington
Waters
Watt
Weldon
Williams
Wilson
Wise
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
So the resolution was not agreed to.
A motion to reconsider the vote whereby said resolution was not agreed
to was, by unanimous consent, laid on the table.
Para. 95.11 subpoena
The SPEAKER pro tempore, Mr. LEHMAN, laid before the House a
communication, which was read as follows:
Congress of the United States,
House of Representatives,
Washington, DC, August 9, 1994.
Hon. Thomas S. Foley, Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the rules of the House that my office has
been served with a subpoena issued by the State of Florida,
Division of Administrative Hearings, in connection with a
civil case involving constituent casework.
After consultation with the General Counsel, I will
determine if compliance with the subpoena is consistent with
the privileges and precedents of the House.
Sincerely,
John L. Mica,
Member of Congress.
Para. 95.12 senate bills referred
A bill of the Senate of the following title was taken from
the Speaker's table and, under the rule, referred as follows:
S. 2218. An Act to provide authorization of appropriations
for the Federal Emergency Food and Shelter Program for fiscal
years 1995 and 1996; to the Committee on Banking and Finance.
Para. 95.13 leave of absence
By unanimous consent, leave of absence was granted to Mr. UNDERWOOD,
for today through August 16.
And then,
Para. 95.14 adjournment
On motion of Mr. KNOLLENBERG, at 9 o'clock and 31 minutes p.m., the
House adjourned.
Para. 95.15 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. DINGELL: Committee on Energy and Commerce. H.R. 4111. A
bill to authorize appropriations for the National Railroad
Passenger Corporation, and for other purposes; with an
amendment (Rept. No. 103-698). Referred to the Committee of
the Whole House on the State of the Union.
Para. 95.16 public bills and resolution
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolution were introduced and severally referred as follows:
By Mr. BARRETT of Nebraska;
H.R. 4938. A bill to provide the members of the Armed
Forces held as hostages in Iran after the seizure of the
United States embassy in Tehran on November 4, 1979, shall be
treated as having been prisoners of war during the period
that they were in a captive status; to the Committee on Armed
Services.
By Mr. EWING;
H.R. 4939. A bill to designate the U.S. courthouse located
at 201 South Vine Street in Urbana, IL, as the ``Frederick S.
Green United States Courthouse''; to the Committee on Public
Works and Transportation.
By Mr. GLICKMAN:
H.R. 4940. A bill to require the specific identification of
intelligence construction projects in annual budget
submissions and the authorization by law of such projects; to
the Permanent Select Committee on Intelligence.
By Mr. SERRANO:
H.R. 4941. A bill to repeal the Cuban Democracy Act of
1992; to the Committee on Foreign Affairs.
By Mr. WILSON (for himself, Mr. Bryant, Mr. Meyers of
Kansas, Mr. Zimmer, Mr. Neal of Massachusetts, Mr.
Thomas of California, Mr. Royce, Mr. Frost, Mr. Frank
of Massachusetts, Mr. Hastings, Mr. Parker, and Mr.
Emerson):
H.R. 4942. A bill to amend title 28, United States Code, to
provide for the use of volunteer's for Federal Bureau of
Investigation tours and at the Bureau's training facilities,
and for other purposes; to the Committee on the Judiciary.
By Mr. YOUNG of Alaska:
H.R. 4943. A bill to regulate fishing in certain waters of
Alaska; to the Committee on Merchant Marine and Fisheries.
By Mr. MILLER of California (for himself, Ms. Pelosi,
Mr. Hamburg, Mr. Bilbray, and Mr. Gallegly):
H.R. 4944. A bill to authorize the Secretary of the
Interior to conduct studies regarding the desalination of
water and water reuse, and for other purposes; jointly, to
the Committees on Natural Resources and Science, Space, and
Technology.
By Mr. MANTON:
H.J. Res. 401. Joint resolution designating the months of
March 1995 and March 1996 as ``Irish-American Heritage
Month''; to the Committee on Post Office and Civil Service.
By Mr. KLEIN:
H. Con. Res. 280. Concurrent resolution expressing the
sense of Congress with respect to protections for persons
changing their names to avoid domestic violence; to the
Committee on the Judiciary.
By Mr. SHAW (for himself and Mr. Johnston of Florida):
H. Con. Res. 281. Concurrent resolution expressing the
sense of the Congress that the United States Embassy in
Israel should, at the earliest possible date, be relocated to
the city of Jerusalem; to the Committee on Foreign Affairs.
Para. 95.17 memorials
Under clause 4 of rule XXII.
457. The Speaker presented a memorial of the Senate of the
Commonwealth of Massachusetts, relative to the One Dollar
Coin Act of 1993; which was referred to the Committee on
Banking, Finance and Urban Affairs.
Para. 95.18 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
[[Page 1579]]
H.R. 193: Mr. Baker of California, Mr. Barton of Texas, Mr.
Dornan, Mr. Packard, and Mr. Skelton.
H.R. 488: Mr. Bonior.
H.R. 672: Mr. Bartlett of Maryland, Mr. Rush, and Mr.
Poshard.
H.R. 857: Mr. Dornan.
H.R. 959: Mr. Gejdenson.
H.R. 1277: Mr. Calvert.
H.R. 1671: Mr. de Lugo.
H.R. 1725: Mr. Doolittle.
H.R. 1921: Ms. Schenk.
H.R. 2420: Mr. Yates.
H.R. 2717: Mrs. Meyers of Kansas.
H.R. 3492: Mr. Leach, Mr. Hall of Ohio, Mr. Archer, Mr.
Bryant, Mr. Torkildsen, and Mr. Slattery.
H.R. 3739: Mr. Saxton.
H.R. 3854: Ms. Furse.
H.R. 3943: Mr. Barca of Wisconsin, Mr. Canady, and Mr.
Herger.
H.R. 3971: Mr. Andrews of New Jersey.
H.R. 4000: Mrs. Meyers of Kansas, Mr. Doolittle, Mr.
Herger, and Mr. Hancock.
H.R. 4051: Mr. Bryant.
H.R. 4115: Mr. Deutsch and Mr. Paxon.
H.R. 4318: Mr. Clinger and Mr. Calvert.
H.R. 4325: Mr. Blackwell and Mrs. Unsoeld.
H.R. 4413: Mr. Bilbray.
H.R. 4517: Mr. Mineta.
H.R. 4585: Mr. Crapo, Mr. Packard, Mr. Bachus of Alabama,
and Mr. Livingston.
H.R. 4654: Mr. Bacchus of Florida and Mr. Foglietta.
H.R. 4786: Mr. Lipinski.
H.R. 4805: Mr. Pomeroy.
H.R. 4831: Mr. Sundquist.
H.R. 4860: Mr. Chapman.
H.R. 4919: Mr. Cooper, Mr. King, Mr. Deutsch, Mr. Swift,
Mr. Dooley, Mr. Rohrabacher, Mr. Linder, Mr. DeLay, Mr.
Grams, Mr. Dickey, Mr. Cunningham, Mr. Dornan, Mr. Walker,
Mrs. Fowler, Ms. Ros-Lehtinen, Mr. Portman, Mr. Lewis of
California, Mr. Kim, and Mr. Pombo.
H.J. Res. 389: Mr. Andrews of Maine, Mr. Torkildsen, Mr.
Mazzoli, Mr. Shays, Mr. Owens, Mr. Neal of North Carolina,
Mr. Romero-Barcelo, Ms. Kaptur, and Mr. Skeen.
H. Con. Res. 35: Mr. Franks of New Jersey, Mr. Ford of
Michigan, and Mr. Barrett of Wisconsin.
H. Con. Res. 148: Mrs. Lloyd.
H. Con. Res. 186: Mr. Huffington.
H. Con. Res. 245: Mr. Owens.
H. Con. Res. 247: Mr. Dixon, Mrs. Johnson of Connecticut,
Mrs. Bentley, Mr. Solomon, Mr. Rush, Ms. Roybal-Allard, Mr.
Markey, Mr. Huffington, and Ms. Pelosi.
H. Con. Res. 257: Mr. Vento and Mr. Waxman.
H. Res. 213: Mr. Doolittle.
H. Res. 266: Mr. Calvert.
Para. 95.19 petitions, etc.
Under clause 1 of rule XXII,
117. The Speaker presented a petition of the Attorney
General, Commonwealth of Kentucky, Frankfort, KY, relative to
State health care fraud control units; which was referred to
the Committee on Energy and Commerce.
.
FRIDAY, AUGUST 12, 1994 (96)
The House was called to order by the SPEAKER.
Para. 96.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Thursday, August 11, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 96.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3684. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a report on
military expenditures for countries receiving U.S.
assistance; to the Committee on Appropriations.
3685. A letter from the Comptroller General, General
Accounting Office, transmitting a compilation of historical
information and statistics regarding rescissions proposed by
the executive branch and rescissions enacted by the Congress;
to the Committee on Appropriations.
3686. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving U.S. exports to the People's Republic of China,
pursuant to 12 U.S.C. 635(b)(3)(i); to the Committee on
Banking, Finance and Urban Affairs.
3687. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notice concerning the
Department of the Army's proposed Letter(s) of Offer and
Acceptance [LOA] to Korea for defense articles and services
(Transmittal No. 94-47), pursuant to 22 U.S.C. 2776(b); to
the Committee on Foreign Affairs.
3688. A letter from the Acting director, Defense Security
Assistance Agency, transmitting notice concerning the
Department of the Army's proposed Letter(s) of Offer and
Acceptance [LOA] to Thailand for defense articles and
services (Transmittal No. 94-46), pursuant to 22 U.S.C.
2776(b); to the Committee on Foreign Affairs.
3689. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notice concerning the
Department of the Army's proposed Letter(s) of Offer and
Acceptance [LOA] to Turkey for defense articles and services
(Transmittal No. 94-44), pursuant to 22 U.S.C. 2776(b); to
the Committee on Foreign Affairs.
3690. A letter from the Assistant Secretary of Legislative
Affairs, Department of State, transmitting a copy of the
Secretary's determination and justification to exercise the
authority granted him under section 451 of the Foreign
Assistance Act of 1961, as amended, authorizing funds to
support the Tanzanian participation in peacekeeping in
Liberia and conflict resolution in Rwanda, pursuant to 22
U.S.C. 2261(a)(2); to the Committee on Foreign Affairs.
3691. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the texts of the
International Labor Organization Convention No. 174 and
Recommendation No. 181 adopted at its 80th session at Geneva;
to the Committee on Foreign Affairs.
3692. A letter from the Chairman, U.S. International Trade
Commission, transmitting the 45th report on the operation of
the U.S. trade agreements program during 1993, pursuant to 19
U.S.C. 2213(b); to the Committee on Ways and Means.
3693. A letter from the Director, Defense Security
Assistance Agency, transmitting notification of the
obligation of certain funds; jointly, to the Committees on
Appropriations and Foreign Affairs.
3694. A letter from the Secretary of the Interior,
transmitting his views regarding H.R. 3433; jointly, to the
Committees on Natural Resources, Ways and Means, and
Government Operations.
Para. 96.3 permission to file conference report
On motion of Mr. MONTGOMERY, by unanimous consent, the managers on the
part of the House were granted permission until midnight tonight, to
file a conference report (Rept. No. 103-701) on the bill of the Senate
(S. 2182) to define certain terms for purposes of the Federal Land
Policy and Mangement Act of 1976, and for other purposes; together with
a statement thereon, for printing in the Record under the rule.
Para. 96.4 baseline budgeting
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to House Resolution
512 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the consideration of the
bill (H.R. 4907) to reform the concept of baseline budgeting.
The SPEAKER pro tempore, Mr. MONTGOMERY, by unanimous consent,
designated Mrs. SCHROEDER as Chairman of the Committee of the Whole; and
after some time spent therein,
Para. 96.5 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment in the nature of a substitute
submitted by Mr. PENNY:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Baseline Reform Act of
1994''.
SEC. 2. THE BASELINE.
(a) The second sentence of section 257(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is amended--
(1) by inserting ``but only for the purpose of adjusting
the discretionary spending limits set forth in section
601(a)(2) of the Congressional Budget Act of 1974'' after
``for inflation as specified in paragraph (5); and
(2) by inserting ``but only for the purpose of adjusting
the discretionary spending limits set forth in section
601(a)(2) of the Congressional Budget Act of 1974'' after
``to offset pay absorption and for pay annualization as
specified in paragraph (4)''.
(b) Section 1109(a) of title 31, United States Code, is
amended by adding after the first sentence the following new
sentence: ``These estimates shall not include an adjustment
for inflation for programs and activities subject to
discretionary appropriations.''.
SEC. 3. THE PRESIDENT'S BUDGET.
(a) Paragraph (5) of section 1105(a) of title 31, United
States Code, is amended to read as follows:
``(5) except as provided in subsection (b) of this section,
estimated expenditures and appropriations for the current
year and estimated expenditures and proposed appropriations
the President decides are necessary to support the Government
in the fiscal year for which the budget is submitted and the
4 fiscal years following that year;''.
(b) Section 1105(a)(6) of title 31, United States Code, is
amended by inserting ``current fiscal year and the'' before
``fiscal year''.
(c) Section 1105(a)(12) of title 31, United States Code, is
amended by striking ``and'' at the end of subparagraph (A),
by striking the period and inserting ``; and'' at the end of
subparagraph (B), and by adding at the end the following new
subparagraph:
``(C) the estimated amount for the same activity (if any)
in the current fiscal year.''.
(d) Section 1105(a)(18) of title 31, United States Code, is
amended by inserting ``new budget authority and'' before
``budget outlays''.
[[Page 1580]]
(e) Section 1105(a) of title 31, United States Code, is
amended by adding at the end the following new paragraph:
``(30) a comparison of levels of estimated expenditures and
proposed appropriations for each function and subfunction in
the current fiscal year and the fiscal year for which the
budget is submitted, along with the proposed increase or
decrease of spending in percentage terms for each function
and subfunction.''.
SEC. 4. THE CONGRESSIONAL BUDGET.
Section 301(e) of the Congressional Budget Act of 1974 is
amended by--
(1) inserting after the second sentence the following:
``The starting point for any deliberations in the Committee
on the Budget of each House on the concurrent resolution on
the budget for the next fiscal year shall be the estimated
level of outlays for the current year in each function and
subfunction. Any increases or decreases in the Congressional
budget for the next fiscal year shall be from such estimated
levels.''; and
(2) striking paragraph (8) and redesignating paragraphs (9)
and (10) as paragraphs (10) and (11), respectively, and by
inserting after paragraph (7) the following new paragraphs:
``(8) a comparison of levels for the current fiscal year
with proposed spending and revenue levels for the subsequent
fiscal years along with the proposed increase or decrease of
spending in percentage terms for each function and
subfunction; and
``(9) information, data, and comparisons indicating the
manner in which and the basis on which, the committee
determined each of the matters set forth in the concurrent
resolution;''.
SEC. 5. CONGRESSIONAL BUDGET OFFICE REPORTS TO COMMITTEES.
(a) The first sentence of section 202(f)(1) of the
Congressional Budget Act of 1974 is amended to read as
follows: ``On or before February 15 of each year, the
Director shall submit to the Committees on the Budget of the
House of Representatives and the Senate a report for the
fiscal year commencing on October 1 of that year with respect
to fiscal policy, including (A) alternative levels of total
revenues, total new budget authority, and total outlays
(including related surpluses and deficits) compared to
comparable levels for the current year and (B) the levels of
tax expenditures under existing law, taking into account
projected economic factors and any changes in such levels
based on proposals in the budget submitted by the President
for such fiscal year.''.
(b) Section 202(f)(1) of the Congressional Budget Act of
1974 is amended by inserting after the first sentence the
following new sentence: ``That report shall also include a
table on sources of spending growth in total mandatory
spending for the budget year and the ensuing 4 fiscal years,
which shall include changes in outlays attributable to the
following: cost-of-living adjustments; changes in the number
of program recipients; increases in medical care prices,
utilization and intensity of medical care; and residual
factors.''.
(c) Section 308(a)(1) of the Congressional Budget Act of
1974 is amended--
(1) in subparagraph (C), by inserting ``, and shall include
a comparison of those levels to comparable levels for the
current fiscal year'' before ``if timely submitted''; and
(2) by striking ``and'' at the end of subparagraph (C), by
striking the period and inserting ``; and'' at the end of
subparagraph (D), and by adding at the end the following new
subparagraph:
``(E) comparing the levels in existing programs in such
measure to the estimated levels for the current fiscal
year.''
(d) Title IV of the Congressional Budget Act of 1974 is
amended by adding at the end the following new section:
``gao reports to budget committees
(a) ``Sec. 408. On or before January 15 of each year, the
Comptroller General, after consultation with appropriate
committees of the House of Representatives and Senate, shall
submit to the Congress a report listing all programs,
projects, and activities that fall within the definition of
direct spending under section 250(c)(8) of the Balanced
Budget and Emergency Deficit Control Act of 1985.''.
(b) Conforming Amendment.--The table of contents set forth
in section 1(b) of the Congressional Budget and Impoundment
Control Act of 1974 is amended by inserting after the item
relating to section 407 the following new item:
``Sec. 408. GAO reports to budget committees.''.
It was decided in the
Yeas
247
<3-line {>
affirmative
Nays
171
Para. 96.6 [Roll No. 395]
AYES--247
Allard
Andrews (NJ)
Andrews (TX)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Bateman
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Browder
Brown (OH)
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cantwell
Castle
Clement
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Cox
Crane
Crapo
Cunningham
Darden
Deal
DeFazio
DeLay
Deutsch
Diaz-Balart
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
English
Everett
Ewing
Fawell
Fields (TX)
Fingerhut
Fish
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Kasich
Kim
King
Kingston
Kleczka
Klug
Knollenberg
Kolbe
Kreidler
Kyl
Lambert
Lancaster
LaRocco
Laughlin
Lazio
Leach
Lehman
Levy
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
Long
Lucas
Machtley
Mann
Manzullo
Margolies-Mezvinsky
Mazzoli
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McMillan
Meehan
Menendez
Meyers
Mica
Miller (FL)
Minge
Molinari
Moorhead
Morella
Murphy
Myers
Neal (NC)
Nussle
Orton
Oxley
Packard
Pallone
Parker
Paxon
Payne (VA)
Penny
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Sangmeister
Santorum
Sarpalius
Saxton
Schaefer
Schenk
Schiff
Sensenbrenner
Shaw
Shays
Shepherd
Shuster
Sisisky
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Thurman
Torkildsen
Upton
Valentine
Vucanovich
Walker
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--171
Abercrombie
Ackerman
Andrews (ME)
Barlow
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brooks
Brown (CA)
Brown (FL)
Bryant
Byrne
Cardin
Carr
Chapman
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cramer
Danner
de la Garza
de Lugo (VI)
DeLauro
Dellums
Derrick
Dicks
Dingell
Dixon
Durbin
Engel
Eshoo
Evans
Farr
Fazio
Filner
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Gephardt
Gibbons
Gonzalez
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Jefferson
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Klein
Klink
Kopetski
LaFalce
Levin
Lewis (GA)
Lipinski
Lowey
Maloney
Manton
Markey
Martinez
Matsui
McCloskey
McDermott
McKinney
McNulty
Meek
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal (MA)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Owens
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Pickle
Price (NC)
Rahall
Rangel
Reed
Richardson
Romero-Barcelo (PR)
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sharp
Skaggs
Skelton
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tejeda
Thompson
Thornton
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Velazquez
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--21
Applegate
Barton
Bentley
Brewster
Edwards (CA)
Faleomavaega (AS)
Fields (LA)
Gejdenson
Lantos
Lewis (FL)
Lloyd
McCandless
Michel
Reynolds
Slattery
Sundquist
Underwood (GU)
Vento
Walsh
Washington
Williams
So the amendment in the nature of a substitute was agreed to.
After some further time,
Para. 96.7 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment in the nature of a substitute
submitted by Mr. SPRATT:
Strike all after the enacting clause and insert the
following:
[[Page 1581]]
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Full Budget Disclosure Act
of 1994''.
SEC. 2. PURPOSE.
The purpose of this Act is to require that budget documents
provide the Congress with comprehensive data on budget
trends.
SEC. 3. THE BASELINE.
(a) Definition.--Section 250(c)(5) of the Balanced Budget
and Emergency Deficit Control Act of 1985 is amended to read
as follows:
``(5)(A) The term `current policy baseline' means the
projection (described in section 257) of current-year levels
of new budget authority, outlays, receipts, and the surplus
or deficit into the budget year and the outyears.
``(B) The term `current funding baseline' refers to the
baseline as set forth in section 257 without any adjustment
described in section 257(c)(1) for inflation other than the
adjustment set forth in section 257(c)(2) for expiring
housing contracts.''.
(b) Conforming Amendments.--Sections 251, 252, 253, and 254
of the Balanced Budget and Emergency Deficit Control Act of
1985 are amended by inserting ``current policy'' before
``baseline'' each place it appears.
SEC. 4. THE PRESIDENT'S BUDGET.
(a) Paragraph (5) of section 1105(a) of title 31, United
States Code, is amended to read as follows:
``(5) except as provided in subsection (b) of this section,
estimated expenditures and appropriations for the current
fiscal year and estimated expenditures and proposed
appropriations the President decides are necessary to support
the Government in the fiscal year for which the budget is
submitted and the 4 fiscal years following that year.''.
(b) Section 1105(a)(6) of title 31, United States Code, is
amended by inserting ``current fiscal year and the'' before
``fiscal year''.
(c) Section 1105(a)(12) of title 31, United States Code, is
amended by striking ``and'' at the end of subparagraph (A),
by striking the period and inserting ``; and'' at the end of
subparagraph (B), and by adding at the end the following new
subparagraph:
``(C) the estimated amount of expenditure and appropriation
for the same activity, if any, in the current fiscal year.''
(d) Section 1105(a) of title 31, United States Code, is
amended by adding at the end the following new paragraphs:
``(30) a comparison of estimated new budget authority and
outlays for each function and subfunction for the current
fiscal year with proposed new budget authority and outlays
for the fiscal year for which the budget is submitted, along
with the proposed increase or decrease of spending in
percentage terms for each function and subfunction.
``(31) a comparison for each function and subfunction of
the current policy baseline level of new budget authority and
outlays for the year for which the budget is submitted with
the proposed new budget authority and outlays for the year
for which the budget is submitted, including changes in
percentage terms for each function and subfunction.''.
SEC. 5. CONGRESSIONAL BUDGET.
Section 301(e) of the Congressional Budget Act of 1974 is
amended by--
(1) inserting after the second sentence the following: ``As
soon as practicable after the President's budget submission
under section 1105(a) of title 31, United States Code, the
Committee on the Budget of each House shall provide to its
members the estimated level of outlays for the current year
in each function and subfunction.''; and
(2) striking ``and'' at the end of paragraph (9), by
striking the period and inserting a semicolon at the end of
paragraph (10), and by adding at the end the following new
paragraphs:
``(11) a comparison (for each function) of estimated
outlays and revenues for the current fiscal year with
proposed spending and revenue levels for the budget year and
each outyear, including the increase or decrease (in
percentage terms) of spending; and
``(12) a comparison (for each function) of proposed outlays
and revenues for the budget year with the current policy
baseline projection for that year, including changes (in
percentage terms).''.
SEC. 6. CONGRESSIONAL BUDGET OFFICE REPORT TO COMMITTEES.
(a) The first sentence of section 202(f)(1) of the
Congressional Budget Act of 1974 is amended to read as
follows: ``On or before February 15 of each year, the
Director shall submit to the Committees on the Budget of the
House of Representatives and the Senate a report for the
fiscal year commencing on October 1 of that year with respect
to fiscal policy, including (A) alternative levels of total
revenues, total new budget authority, and total outlays
(including related surpluses and deficits) compared to
comparable levels for the current year and (B) the levels of
tax expenditures under existing law, taking into account
projected economic factors and any changes in such levels
based on proposals in the budget submitted by the President
for such fiscal year.''.
(b) Section 202(f)(1) of the Congressional Budget Act of
1974 is amended by inserting after the first sentence the
following new sentence: ``That report shall also include a
table on sources of growth in the estimated total current
policy baseline spending for mandatory programs for the
budget year and the ensuing 4 fiscal years, which shall
include changes in outlays attributable to the following:
cost-of-living adjustments; changes in the number of program
recipients; increases in medical care prices, utilization and
intensity of medical care; and residual factors.''.
(c) Section 202(f)(3) of the Congressional Budget Act of
1974 is amended by striking ``and'' before ``(B)'', and by
inserting before the period at the end the following: ``, and
(C) all direct spending programs''.
(d) Section 308(a)(1)(C) of the Congressional Budget Act of
1974 is amended by inserting ``and shall include a comparison
of those levels to comparable levels for the current fiscal
year'' before ``if timely submitted''.
It was decided in the
Yeas
170
<3-line {>
negative
Nays
243
Para. 96.8 [Roll No. 396]
AYES--170
Abercrombie
Ackerman
Andrews (ME)
Applegate
Barlow
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brooks
Brown (CA)
Brown (FL)
Bryant
Byrne
Cardin
Carr
Chapman
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
de la Garza
de Lugo (VI)
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Durbin
Edwards (CA)
Engel
Eshoo
Evans
Farr
Fazio
Filner
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Gephardt
Gibbons
Gonzalez
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Jefferson
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Klein
Klink
Kopetski
Kreidler
LaFalce
Levin
Lewis (GA)
Lowey
Maloney
Manton
Markey
Martinez
Matsui
McCloskey
McDermott
McKinney
McNulty
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Neal (MA)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Owens
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Pomeroy
Price (NC)
Rahall
Rangel
Reed
Richardson
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sarpalius
Sawyer
Schumer
Scott
Serrano
Sharp
Skaggs
Skelton
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Velazquez
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOES--243
Allard
Andrews (NJ)
Andrews (TX)
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Barca
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Browder
Brown (OH)
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cantwell
Castle
Clement
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
Deal
DeFazio
DeLay
Diaz-Balart
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
English
Everett
Ewing
Fawell
Fields (TX)
Fingerhut
Fish
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Kasich
Kim
King
Kingston
Kleczka
Klug
Knollenberg
Kolbe
Kyl
Lambert
Lancaster
LaRocco
Laughlin
Lazio
Leach
Lehman
Levy
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Long
Lucas
Machtley
Mann
Manzullo
Margolies-Mezvinsky
Mazzoli
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McMillan
Meehan
Meyers
Mica
Miller (FL)
Minge
Molinari
Moorhead
Morella
Murphy
Myers
Neal (NC)
Nussle
Orton
Oxley
Packard
Pallone
Parker
Paxon
Payne (VA)
Penny
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Sangmeister
Santorum
Saxton
Schaefer
Schenk
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Shepherd
Shuster
Sisisky
Skeen
[[Page 1582]]
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Torkildsen
Upton
Valentine
Vucanovich
Walker
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--26
Bacchus (FL)
Ballenger
Barton
Brewster
Faleomavaega (AS)
Fields (LA)
Gejdenson
Lantos
Lewis (FL)
Lloyd
McCandless
Michel
Montgomery
Pickle
Reynolds
Romero-Barcelo (PR)
Rostenkowski
Slattery
Sundquist
Synar
Thomas (WY)
Underwood (GU)
Vento
Walsh
Washington
Williams
So the amendment in the nature of a substitute was not agreed to.
The SPEAKER pro tempore, Mr. McDERMOTT, assumed the Chair.
When Mrs. SCHROEDER, Chairman, pursuant to House Resolution 512,
reported the bill back to the House with an amendment adopted by the
Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Baseline Reform Act of
1994''.
SEC. 2. THE BASELINE.
(a) The second sentence of section 257(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is amended--
(1) by inserting ``but only for the purpose of adjusting
the discretionary spending limits set forth in section
601(a)(2) of the Congressional Budget Act of 1974'' after
``for inflation as specified in paragraph (5); and
(2) by inserting ``but only for the purpose of adjusting
the discretionary spending limits set forth in section
601(a)(2) of the Congressional Budget Act of 1974'' after
``to offset pay absorption and for pay annualization as
specified in paragraph (4)''.
(b) Section 1109(a) of title 31, United States Code, is
amended by adding after the first sentence the following new
sentence: ``These estimates shall not include an adjustment
for inflation for programs and activities subject to
discretionary appropriations.''.
SEC. 3. THE PRESIDENT'S BUDGET.
(a) Paragraph (5) of section 1105(a) of title 31, United
States Code, is amended to read as follows:
``(5) except as provided in subsection (b) of this section,
estimated expenditures and appropriations for the current
year and estimated expenditures and proposed appropriations
the President decides are necessary to support the Government
in the fiscal year for which the budget is submitted and the
4 fiscal years following that year;''.
(b) Section 1105(a)(6) of title 31, United States Code, is
amended by inserting ``current fiscal year and the'' before
``fiscal year''.
(c) Section 1105(a)(12) of title 31, United States Code, is
amended by striking ``and'' at the end of subparagraph (A),
by striking the period and inserting ``; and'' at the end of
subparagraph (B), and by adding at the end the following new
subparagraph:
``(C) the estimated amount for the same activity (if any)
in the current fiscal year.''.
(d) Section 1105(a)(18) of title 31, United States Code, is
amended by inserting ``new budget authority and'' before
``budget outlays''.
(e) Section 1105(a) of title 31, United States Code, is
amended by adding at the end the following new paragraph:
``(30) a comparison of levels of estimated expenditures and
proposed appropriations for each function and subfunction in
the current fiscal year and the fiscal year for which the
budget is submitted, along with the proposed increase or
decrease of spending in percentage terms for each function
and subfunction.''.
SEC. 4. THE CONGRESSIONAL BUDGET.
Section 301(e) of the Congressional Budget Act of 1974 is
amended by--
(1) inserting after the second sentence the following:
``The starting point for any deliberations in the Committee
on the Budget of each House on the concurrent resolution on
the budget for the next fiscal year shall be the estimated
level of outlays for the current year in each function and
subfunction. Any increases or decreases in the Congressional
budget for the next fiscal year shall be from such estimated
levels.''; and
(2) striking paragraph (8) and redesignating paragraphs (9)
and (10) as paragraphs (10) and (11), respectively, and by
inserting after paragraph (7) the following new paragraphs:
``(8) a comparison of levels for the current fiscal year
with proposed spending and revenue levels for the subsequent
fiscal years along with the proposed increase or decrease of
spending in percentage terms for each function and
subfunction; and
``(9) information, data, and comparisons indicating the
manner in which and the basis on which, the committee
determined each of the matters set forth in the concurrent
resolution;''.
SEC. 5. CONGRESSIONAL BUDGET OFFICE REPORTS TO COMMITTEES.
(a) The first sentence of section 202(f)(1) of the
Congressional Budget Act of 1974 is amended to read as
follows: ``On or before February 15 of each year, the
Director shall submit to the Committees on the Budget of the
House of Representatives and the Senate a report for the
fiscal year commencing on October 1 of that year with respect
to fiscal policy, including (A) alternative levels of total
revenues, total new budget authority, and total outlays
(including related surpluses and deficits) compared to
comparable levels for the current year and (B) the levels of
tax expenditures under existing law, taking into account
projected economic factors and any changes in such levels
based on proposals in the budget submitted by the President
for such fiscal year.''.
(b) Section 202(f)(1) of the Congressional Budget Act of
1974 is amended by inserting after the first sentence the
following new sentence: ``That report shall also include a
table on sources of spending growth in total mandatory
spending for the budget year and the ensuing 4 fiscal years,
which shall include changes in outlays attributable to the
following: cost-of-living adjustments; changes in the number
of program recipients; increases in medical care prices,
utilization and intensity of medical care; and residual
factors.''.
(c) Section 308(a)(1) of the Congressional Budget Act of
1974 is amended--
(1) in subparagraph (C), by inserting ``, and shall include
a comparison of those levels to comparable levels for the
current fiscal year'' before ``if timely submitted''; and
(2) by striking ``and'' at the end of subparagraph (C), by
striking the period and inserting ``; and'' at the end of
subparagraph (D), and by adding at the end the following new
subparagraph:
``(E) comparing the levels in existing programs in such
measure to the estimated levels for the current fiscal
year.''
(d)(1) Title IV of the Congressional Budget Act of 1974 is
amended by adding at the end the following new section:
``gao reports to budget committees
``Sec. 408. On or before January 15 of each year, the
Comptroller General, after consultation with appropriate
committees of the House of Representatives and Senate, shall
submit to the Congress a report listing all programs,
projects, and activities that fall within the definition of
direct spending under section 250(c)(8) of the Balanced
Budget and Emergency Deficit Control Act of 1985.''.
(2) Conforming Amendment.--The table of contents set forth
in section 1(b) of the Congressional Budget and Impoundment
Control Act of 1974 is amended by inserting after the item
relating to section 407 the following new item:
``Sec. 408. GAO reports to budget committees.''.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. McDERMOTT, announced that the yeas had
it.
Mr. COLEMAN demanded that the vote be taken by the yeas and nays,
which demand was not supported by one-fifth of the Members present, so
the yeas and nays were refused.
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 96.9 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate has passed without amendment a bill of the House of the
following title:
H.R. 1426. An Act to provide for the maintenance of dams
located on Indian lands by the Bureau of Indian Affairs or
through contracts with Indian tribes.
The message also announced that the Senate had passed with amendments
in which the concurrence of the House is requested, bills of the House
of the following titles:
H.R. 2921. An Act to authorize appropriations for the
preservation and restoration of historic buildings at
historically black colleges and universities;
H.R. 4569. An Act to extend and make amendments to the
President John F. Kennedy Assassination Records Collection
Act of 1992;
H.R. 4606. An Act making appropriations for the Departments
of Labor, Health and Human Services, and Education, and
related agencies, for the fiscal year ending September 30,
1995, and for other purposes;
H.R. 4812. An Act to direct the Administrator of General
Services to acquire by transfer the Old U.S. Mint in San
Francisco, California, and for other purposes.
The message also announced that the Senate insisted upon its
amendments to the bill (H.R. 4606) ``An Act making appropriations for
the Departments of Labor, Health and Human Services, and Education, and
related agencies, for the fiscal year ending September 30,
[[Page 1583]]
1995, and for other purposes,'' requested a conference with the House on
the disagreeing votes of the two Houses thereon, and appointed Mr.
Harkin, Mr. Byrd, Mr. Hollings, Mr. Inouye, Mr. Bumpers, Mr. Reid, Mr.
Kohl, Mrs. Murray, Mr. Specter, Mr. Hatfield, Mr. Stevens, Mr. Cochran,
Mr. Gorton, Mr. Mack, and Mr. Bond, to be the conferees on the part of
the Senate.
The message also announced that the Senate agreed to the report of the
committee of conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 2243) ``An Act to amend
the Federal Trade Commission Act to extend the authorization of
appropriations in such Act, and for other purposes.''
The message also announced that the Senate agreed to the report of the
committee of conference on the disagreeing votes of the two Houses on
the amendments of the Senate to the bill (H.R. 4506) ``An Act making
appropriations for energy and water development for the fiscal year
ending September 30, 1995, and for other purposes.''
The message also announced that the Senate agreed to the amendments of
the House of Representatives to the amendments of the Senate numbered 2,
4, 8, 28, 48, and 49, to the above-entitled bill.
The message also announced that the Senate had passed a concurrent
resolution of the following title, in which the concurrence of the House
is requested:
S. Con. Res. 60. Concurrent resolution expressing the sense
of the Congress that a postage stamp should be issued to
honor the 100th anniversary of the Jewish War Veterans of the
United States of America.
The message also announced that pursuant to Public Law 99-498, the
Chair, on behalf of the President pro tempore, reappointed William C.
Hiss of Maine, to the Advisory Committee on Student Financial Assistance
for a 3-year term effective October 1, 1994.
Para. 96.10 adjournment over
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at
10:30 a.m. on Tuesday, August 16, 1994.
Para. 96.11 calendar wednesday business dispensed with
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, August
17, 1994, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
Para. 96.12 northern great plains rural development
On motion of Mr. de la GARZA, by unanimous consent, the Committee of
the Whole House on the state of the Union was discharged from further
consideration of the bill of the Senate (S. 2099) to establish the
Northern Great Plains Rural Development Commission, and for other
purposes.
When said bill was considered and read twice.
The bill was ordered to be read a third time, was read a third time by
title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 96.13 plant variety protection
On motion of Mr. de la GARZA, by unanimous consent, the Committee of
the Whole House on the state of the Union was discharged from further
consideration of the bill (H.R. 2927) to amend the Plant Variety
Protection Act to make such Act consistent with the International
Convention for the Protection of New Varieties of Plants of March 19,
1991, to which the United States is a signatory, and for other purposes.
When said bill was considered and read twice.
The following amendment in the nature of a substitute, recommended by
the Committee on Agriculture, was then agreed to:
Strike all after the enacting clause and insert:
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Plant
Variety Protection Act Amendments of 1994''.
(b) References to Plant Variety Protection Act.--Except as
otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to,
or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other
provision of the Plant Variety Protection Act (7 U.S.C. 2321
et seq.).
SEC. 2. DEFINITIONS AND RULES OF CONSTRUCTION.
Section 41 (7 U.S.C. 2401) is amended to read as follows:
``SEC. 41. DEFINITIONS AND RULES OF CONSTRUCTION.
``(a) Definitions.--As used in this Act:
``(1) Basic seed.--The term `basic seed' means the seed
planted to produce certified or commercial seed.
``(2) Breeder.--The term `breeder' means the person who
directs the final breeding creating a variety or who
discovers and develops a variety. If the actions are
conducted by an agent on behalf of a principal, the
principal, rather than the agent, shall be considered the
breeder. The term does not include a person who redevelops or
rediscovers a variety the existence of which is publicly
known or a matter of common knowledge.
``(3) Essentially derived variety.--
``(A) In general.--The term `essentially derived variety'
means a variety that--
``(i) is predominantly derived from another variety
(referred to in this paragraph as the `initial variety') or
from a variety that is predominantly derived from the initial
variety, while retaining the expression of the essential
characteristics that result from the genotype or combination
of genotypes of the initial variety;
``(ii) is clearly distinguishable from the initial variety;
and
``(iii) except for differences that result from the act of
derivation, conform to the initial variety in the expression
of the essential characteristics that result from the
genotype or combination of genotypes of the initial variety.
``(b) Methods.--An essentially derived variety may be
obtained by the selection of a natural or induced mutant or
of a somaclonal variant, the selection of a variant
individual from plants of the initial variety, backcrossing,
transformation by genetic engineering, or other method.
``(4) Kind.-- The term `kind' means one or more related
species or subspecies singly or collectively known by one
common name, such as soybean, flax, or radish.
``(5) Seed.--The term `seed', with respect to a tuber
propagated variety, means the tuber or the part of the tuber
used for propagation.
``(6) Sexually reproduced.--The term `sexually reproduced'
includes any production of a variety by seed, but does not
include the production of a variety by tuber propagation.
``(7) Tuber propagated.--The term `tuber propagated' means
propagated by a tuber or a part of a tuber.
``(8) United States.--The terms `United States' and `this
country' mean the United States, the territories and
possessions of the United States, and the Commonwealth of
Puerto Rico.
``(9) Variety.--The term `variety' means a plant grouping
within a single botanical taxon of the lowest known rank,
that, without regard to whether the conditions for plant
variety protection are fully met, can be defined by the
expressions of the characteristics resulting from a given
genotype or combination or genotypes, distinguished from any
other plant grouping by the expression of a at least one
characteristic and considered as a unit with regard to the
suitability of the pant grouping for being propagated
unchanged. A variety may be represented by seed, transplants,
plants, tubers, tissue culture plantlets, and other matter.
``(b) Rules of Construction.--For the purposes of this Act:
``(1) Sale or disposition for nonreproductive purposes.--
The sale or disposition, for other than reproductive
purposes, of harvested material produced as a result
experimentation or testing of a variety to ascertain the
characteristics of the variety, or as a by-product of
increasing a variety, shall not be considered to be a sale or
disposition for purposes of exploitation of the variety.
``(2) Sale or disposition for reproductive purposes.--The
sale or disposition of a variety for reproductive purposes
shall not be considered to be a sale or disposition for the
purposes of exploitation of the variety if the sale or
disposition is done as an integral part of a program of
experimentation or testing to ascertain the characteristics
of the variety, or to increase the variety on behalf of the
breeder or the successor in interest of the breeder.
``(3) Sale or disposition of hybrid seed.--The sale or
disposition of hybrid seed shall be considered to be a sale
or disposition of harvested material of the varieties from
which the seed was produced.
``(4) Application for protection or entering into a
register of varieties.--The filing of an application for the
protection or for the entering of a variety in an official
register of varieties, in any country, shall be considered to
render the variety a matter of common knowledge from the date
of the application, if the application leads to the granting
of protection or to the entering of the variety in the
official register of varieties, as the case may be.
``(5) Distinctness.--The distinctness of one variety from
another may be based on one or more identifiable
morphological, physiological, or other characteristics
(including any characteristics evidenced by processing or
product characteristics, such as milling and baking
characteristics in the case of wheat) with respect to which a
difference in genealogy may contribute evidence.
[[Page 1584]]
``(6) Publicly-known varieties.--
``(A) In general.--A variety that is adequately described
by a publication reasonably considered to be a part of the
public technical knowledge in the United States shall be
considered to be publicly known and a matter of common
knowledge.
``(B) Description.--A description that meets the
requirements of subparagraph (A) shall include a disclosure
of the principal characteristics by which a variety is
distinguished.
``(C) Other means.--A variety may become publicly known and
a matter of common knowledge by other means.''.
SEC. 3. RIGHT TO PLANT VARIETY PROTECTION; PLANT VARIETIES
PROTECTABLE.
Section 42 (7 U.S.C. 2402) is amended to read as follows:
``SEC. 42. RIGHT TO PLANT VARIETY PROTECTION; PLANT VARIETIES
PROTECTABLE.
``(a) In General.--The breeder of any sexually reproduced
or tuber propagated plant variety (other than fungi or
bacteria) who has so reproduced the variety, or the successor
in interest of the breeder, shall be entitled to plant
variety protection for the variety, subject to the conditions
and requirements of this Act, if the variety is--
``(1) new, in the sense that, on the date of filing of the
application for plant variety protection, propagating or
harvested material of the variety has not been sold or
otherwise disposed of to other persons, by or with the
consent of the breeder, or the successor in interest of the
breeder, for purposes of exploitation of the variety--
``(A) in the United States, more than 1 year prior to the
date of filing; or
``(B) in any area outside of the United States--
``(i) more than 4 years prior to the date of filing; or
``(ii) in the case of a tree or vine, more than 6 years
prior to the date of filing;
``(2) distinct, in the sense that the variety is clearly
distinguishable from any other variety the existence of which
is publicly known or a matter of common knowledge at the time
of the filing of the application;
``(3) uniform, in the sense that any variations are
describable, predictable, and commercially acceptable; and
``(4) stable, in the sense that the variety, when
reproduced, will remain unchanged with regard to the
essential and distinctive characteristics of the variety with
a reasonable degree of reliability commensurate with that of
varieties of the same category in which the same breeding
method is employed.
``(b) Multiple Applicants.--
``(1) In general.--If 2 or more applicants submit
applications on the same effective filing date for varieties
that cannot be clearly distinguished from one another, but
that fulfill all other requirements of subsection (a), the
applicant who first complies with all requirements of this
Act shall be entitled to a certificate of plant variety
protection, to the exclusion of any other applicant.
``(2) Requirements completed on same date.--
``(A) In general.--Except as provided in subparagraph (B),
if 2 or more applicants comply with all requirements for
protection on the same date, a certificate shall be issued
for each variety.
``(B) Varieties indistinguishable..--If the varieties that
are the subject of the applications cannot be distinguished
in any manner, a single certificate shall be issued jointly
to the applicants.''.
SEC. 4. APPLICATIONS.
Section 52 (7 U.S.C. 2422) is amended--
(1) in paragraph (1), by adding at the end the following
new sentence: ``The variety shall be named in accordance with
regulations issued by the Secretary.'';
(2) in the first sentence of paragraph (2), by striking
``novelty'' and inserting ``distinctiveness, uniformity, and
stability'';
(3) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively;
(4) by inserting after paragraph (2) the following new
paragraph:
``(3) A statement of the basis of the claim of the
applicant that the variety is new.''; and
(5) in paragraph (4) (as redesignated by paragraph (3)), by
inserting ``(including any propagating material)'' after
``basic seed''.
SEC. 5. BENEFIT OF EARLIER FILING DATE.
Section 55(a) (7 U.S.C. 2425(a)) is amended--
(1) by redesignating the first and second sentences as
paragraphs (1) and (2), respectively;
(2) in paragraph (1) (as so designated), by inserting
before the period at the end the following: ``, not including
the date on which the application is filed in the foreign
country''; and
(3) by adding at the end the following new paragraph:
``(3)(A) An applicant entitled to a right of priority under
this subsection shall be allowed to furnish any necessary
information, document, or material required for the purpose
of the examination of the application during--
``(i) the 2-year period beginning on the date of the
expiration of the period of priority; or
``(ii) if the first application is rejected or withdrawn,
an appropriate period after the rejection or withdrawal, to
be determined by the Secretary.
``(B) An event occurring within the period of priority
(such as the filing of another application or use of the
variety that is the subject of the first application) shall
not constitute a ground for rejecting the application or give
rise to any third party right.''.
SEC. 6. NOTICE OF REFUSAL; RECONSIDERATION.
The first sentence of section 62(b) (7 U.S.C. 2442(b)) is
amended--
(1) by striking ``six months'' and inserting ``at least 30
days, and not more than 180 days''; and
(2) by striking ``in exceptional circumstances''.
SEC. 7. CONTENTS AND TERM OF PLANT VARIETY PROTECTION.
Section 83 (7 U.S.C. 2483) is amended--
(1) in subsection (a)--
(A) by designating the first through fourth sentences as
paragraphs (1) through (4), respectively; and
(B) by striking paragraphs (2) and (3) (as so designated)
and inserting the following new paragraphs:
``(2) If the owner so elects, the certificate shall--
``(A) specify that seed of the variety shall be sold in the
United States only as a class of certified seed; and
``(B) if so specified, conform to the number of generations
designated by the owner.
``(3) An owner may waive a right provided under this
subsection, other than a right that is elected by the owner
under paragraph (2)(A).'';
(2) in the first sentence of subsection (b)--
(A) by striking ``eighteen'' and inserting ``20''; and
(B) by inserting before the period at the end the
following: ``, except that, in the case of a tree or vine,
the term of the plant variety protection shall expire 25
years from the date of issue of the certificate''; and
(3) in subsection (c), by striking ``repository: Provided,
however, That'' and inserting ``repository, or requiring the
submission of a different name for the variety, except
that''.
SEC. 8. PRIORITY CONTEST.
(a) Priority Contest; Effect of Adverse Final Judgment or
Inaction.--Sections 92 and 93 (7 U.S.C. 2502 and 2503) are
repealed.
(b) Interfering Plant Variety Protection.--
(1) Redesignation.--Section 94 of the Act (7 U.S.C. 2504)
is redesignated as section 92.
(2) Amendments.--Section 92 (as so redesignated) is
amended--
(A) by striking ``The owner'' and inserting ``(a) The
owner''; and
(B) by striking the second sentence.
(c) Appeal or Civil Action in Contested Cases.--
(1) Transfer.--Section 73 (7 U.S.C. 2463) is amended by
transferring subsection (b) to the end of section 92 (as
redesignated by subsection (b)(1)).
(2) Repeal.--Section 73 (as amended by paragraph (1)) is
repealed.
(d) Conforming Amendments.--
(1) Section 71 (7 U.S.C. 2461) is amended by striking
``92,''.
(2) Section 102 (7 U.S.C. 2532) is amended by inserting
``or tuber propagable'' after ``sexually reproducible'' each
place it appears.
SEC. 9. INFRINGEMENT OF PLANT VARIETY PROTECTION.
Section 111 (7 U.S.C. 2541) is amended--
(1) in subsection (a)--
(A) by striking ``novel'' the first two places it appears
and inserting ``protected'';
(B) in paragraph (1), by striking ``the novel'' and
inserting ``or market the protected'';
(C) by striking ``novel'' each place it appears in
paragraphs (2) through (7);
(D) in paragraph (3), by inserting ``, or propagate by a
tuber or a part of a tuber,'' after ``sexually multiply'';
(E) by striking ``or'' each place it appears at the end of
paragraphs (3) through (6);
(F) by redesignating paragraphs (7) and (8) as paragraphs
(9) and (10), respectively; and
(G) by inserting after paragraph (6) the following new
paragraphs:
``(7) condition the variety for the purpose of propagation,
except to the extent that the conditioning is related to the
activities permitted under section 113;
``(8) stock the variety for any of the purposes referred to
in paragraphs (1) through (7);'';
(2) by redesignating subsection (b) as subsection (f); and
(3) by inserting after subsection (a) the following new
subsections:
``(b)(1) Subject to paragraph (2), the owner of a protected
variety may authorize the use of the variety under this
section subject to conditions and limitations specified by
the owner.
``(2) In the case of a contract between a seed producer and
the owner of a protected variety of lawn, turf, or forage
grass seed, or alfalfa or clover seed for the production of
seed of the protected variety, the producer shall be deemed
to be authorized by the owner to sell such seed and to use
the variety if--
``(A) the producer has fulfills the terms of the contract;
``(B) the owner refuses to take delivery of the seed or
refuses to pay any amounts due under the contract within 30
days of the payment date specified in the contract; and
``(C) after the expiration of the period specified in
subparagraph (B), the producer notifies the owner of the
producer's intent to sell the seed and unless the owner fails
to pay the amounts due under the contract and take delivery
of the seed within 30 days of such notification. For the
purposes of this paragraph, the term `owner' shall include
any licensee of the owner.
``(3) Paragraph (2) shall apply to contracts entered into
with respect to plant varieties protected under this Act (7
U.S.C. 2321 et seq.) as in effect on the day before the
effective date of this provision as well as plant varieties
protected under this Act as amend-
[[Page 1585]]
ed by the Plant Variety Protection Act Amendments of 1994.
``(4) Nothing in this subsection shall affect any other
rights or remedies of producers or owners that may exist
under other Federal or State laws.
``(c) This section shall apply equally to--
``(1) any variety that is essentially derived from a
protected variety, unless the protected variety is an
essentially derived variety;
``(2) any variety that is not clearly distinguishable from
a protected variety;
``(3) any variety whose production requires the repeated
use of a protected variety; and
``(4) harvested material (including entire plants and parts
of plants) obtained through the unauthorized use of
propagating material of a protected variety, unless the owner
of the variety has had a reasonable opportunity to exercise
the rights provided under this Act with respect to the
propagating material.
``(d) It shall not be an infringement of the rights of the
owner of a variety to perform any act concerning propagating
material of any kind, or harvested material, including entire
plants and parts of plants, of a protected variety that is
sold or otherwise marketed with the consent of the owner in
the United States, unless the act involves further
propagation of the variety or involves an export of material
of the variety, that enables the propagation of the variety,
into a country that does not protect varieties of the plant
genus or species to which the variety belongs, unless the
exported material is for final consumption purposes.
``(e) It shall not be an infringement of the rights of the
owner of a variety to perform any act done privately and for
noncommercial purposes.''.
SEC. 10. RIGHT TO SAVE SEED; CROP EXEMPTION.
The first sentence of section 113 (7 U.S.C. 2543) is
amended by striking ``section: Provided, That'' and all that
follows through the period and inserting ``section.''.
SEC. 11. LIMITATION OF DAMAGES; MARKING AND NOTICE.
Section 127 (7 U.S.C. 2567) is amended by striking
``novel'' each place it appears.
SEC. 12. OBLIGATION TO USE VARIETY NAME.
Section 128(a) (7 U.S.C. 2568(a)) is amended--
(1) by inserting ``or tubers or parts of tubers'' after
``plant material''; and
(2) by adding at the end the following new paragraph:
``(4) Failure to use the name of a variety for which a
certificate of protection has been issued under this Act,
even after the expiration of the certificate, except that
lawn, turf, or forage grass seed, or alfalfa or clover seed
may be sold without a variety name unless use of the name of
a variety for which a certificate of protection has been
issued under this Act is required under State law.''.
SEC. 13. ELIMINATION OF GENDER-BASED REFERENCES.
(a) The last sentence of section 7(a) (7 U.S.C. 2327(a)) is
amended by striking ``his designee shall act as chairman''
and inserting ``the designee of the Secretary shall act as
chairperson''.
(b) Section 10(a) (7 U.S.C. 2330(a)) is amended by striking
``he'' and inserting ``the Secretary''.
(c) Section 23 (7 U.S.C. 2353) is amended--
(1) in the second sentence, by striking ``he'' and
inserting ``the officer''; and
(2) in the third sentence, by striking ``he'' and inserting
``the person''.
(d) Section 24 (7 U.S.C. 2354) is amended--
(1) in the first sentence of subsection (a), by striking
``him'' and inserting ``the witness''; and
(2) in the second sentence of subsection (c)--
(A) by striking ``his fees and traveling expenses'' and
inserting ``the fees and traveling expenses of the witness'';
and
(B) by striking ``him'' and inserting ``the witness''.
(e) The last sentence of section 27 (7 U.S.C. 2357) is
amended by striking ``he'' each place it appears and
inserting ``the person''.
(f) The first sentence of section 44 (7 U.S.C. 2404) is
amended by striking ``he'' and inserting ``the Secretary''.
(g) Section 53 (7 U.S.C. 2423) is amended--
(1) in subsection (a), by striking ``one (or his
successor)'' and inserting ``one person (or the successor of
the person)''; and
(2) in subsection (b), by striking ``he'' and inserting
``the Secretary''.
(h) Section 54 (7 U.S.C. 2424) is amended by striking ``his
successor in interest'' and inserting ``the successor in
interest of the breeder''.
(i) Section 55 (7 U.S.C. 2425) is amended--
(1) in subsection (a)(2) (as redesignated by section 5(1)),
by striking ``his application'' and inserting ``the
application filed in the United States''; and
(2) in subsection (b), by striking ``his predecessor in
title'' and inserting ``the predecessor in title of the
person''.
(j) The first sentence of section 62(b) (7 U.S.C. 2442(b))
is amended--
(1) by striking ``him'' and inserting ``an applicant'';
(2) by striking ``an applicant shall'' and inserting ``the
applicant shall''; and
(3) by striking ``he'' and inserting ``the Secretary''.
(k) The second sentence of section 72 (7 U.S.C. 2462) is
amended by striking ``his variety as specified in his
application'' and inserting ``the variety as specified in the
application''.
(1) Section 82 (7 U.S.C. 2482) is amended by striking ``his
signature'' and inserting ``the signature of the Secretary''.
(m) Section 83 (7 U.S.C. 2483) is amended--
(1) in subsection (a) (as amended by section 7(1)(A))--
(A) in paragraph (1), by striking ``(or his successor in
interest) his heirs and assignees'' and inserting ``(or the
successor in interest of the breeder)''; and
(B) in paragraph (4), by striking ``his discretion'' and
inserting ``the discretion of the Secretary''; and
(2) in subsection (c), by striking ``he'' and inserting
``the last owner''.
(n) Section 86 (7 U.S.C. 2486) is amended--
(1) in the first sentence, by striking ``him'' and
inserting ``the Secretary''; and
(2) in the third sentence, by striking ``he'' and inserting
``the person''.
(o) Section 91(c) (7 U.S.C. 2501(c)) is amended by striking
``he'' and inserting ``the Secretary''.
(p) The fourth sentence of section 92(b) (as transferred by
section 8(c)(1)) is amended by striking ``he'' and inserting
``the Secretary''.
(q) The first sentence of section 111(f) (as redesignated
by section 9(2)) is amended by striking ``his official
capacity'' and inserting ``the official capacity of the
officer or employee''.
(r) Section 112 (7 U.S.C. 2542) is amended by striking
``his successor in interest'' and inserting ``the successor
in interest of the person''.
(s) Section 113 (7 U.S.C. 2543) is amended--
(1) in the first sentence--
(A) by striking ``him'' and inserting ``the person''; and
(B) by striking ``his farm'' and inserting ``the farm of
the person''; and
(2) in the third sentence, by striking ``his actions'' and
inserting ``the actions of the purchaser''.
(t) Section 121 (7 U.S.C. 2561) is amended by striking
``his''.
(u) Section 126(b) (7 U.S.C. 2566(b)) is amended by
striking ``his'' and inserting ``the''.
(v) Section 128(a) (7 U.S.C. 2568(a)) is amended by
striking ``he'' and inserting ``the Secretary''.
(w) Section 130(a) (7 U.S.C. 2570(a)) is amended by
striking ``his official capacity'' and inserting ``the
official capacity of the officer or employee''.
SEC. 14. TRANSITIONAL PROVISIONS.
(a) In General.--Except as provided in this section, any
variety for which a certificate of plant variety protection
has been issued prior to the effective date of this Act, and
any variety for which an application is pending on the
effective date of this Act, shall continue to be governed by
the Plant Variety Protection Act (7 U.S.C. 2321 et seq.), as
in effect on the day before the effective date of this Act.
(b) Applications Refiled.--
(1) In general.--An applicant may refile a pending
application on or after the effective date of this Act.
(2) Effect of refiling.--If a pending application is
refiled on or after the effective date of this Act--
(A) eligibility for protection and the terms of protection
shall be governed by the Plant Variety Protection Act, as
amended by this Act; and
(B) for purposes of section 42 of the Plant Variety
Protection Act, as amended by section 3 of this Act, the date
of filing shall be the date of filing of the original
application.
(c) Labeling.--
(1) In General.--To obtain the protection provided to an
owner of a protected variety under the Plant Variety
Protection Act (7 U.S.C. 2321 et seq.) (as amended by this
Act), a notice given by an owner concerning the variety under
section 127 of the Plant Variety Protection Act (7 U.S.C.
2567) shall state that the variety is protected under such
Act (as amended by this Act).
(2) Sanctions.--Any person that makes a false or misleading
statement or claim, or uses a false or misleading label,
concerning protection described in paragraph (1) shall be
subject to the sanctions described in section 128 of the
Plant Variety Protection Act (7 U.S.C. 2568).
SEC. 15. EFFECTIVE DATE.
This Act and the amendments made by this Act shall become
effective 180 days after the date of enactment of this Act.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title, and passed.
A motion to reconsider the votes whereby the bill was passed was, by
unanimous consent, laid on the table.
On motion of Mr. de la GARZA, by unanimous consent, the bill of the
Senate (S. 1406) to amend the Plant Variety Protection Act to make such
Act consistent with the International Convention for the Protection of
New Varieties of Plants of March 19, 1991, to which the United States is
a signatory, and for other purposes; was taken from the Speaker's table.
When said bill was considered and read twice.
Mr. de la GARZA submitted the following amendment, which was agreed
to:
Strike out all after the enacting clause and insert the provisions of
H.R. 2927, as passed by the House.
The bill, as amended, was ordered to be read a third time, was read a
third time by title, and passed.
A motion to reconsider the votes whereby said bill, as amended, was
passed was, by unanimous consent, laid on the table.
[[Page 1586]]
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
By unanimous consent, H.R. 2927, a similar House bill, was laid on the
table.
Para. 96.14 national pow/mia recognition day
On motion of Mr. WYNN, by unanimous consent, the Committee on Post
Office and Civil Service and the Committee on Veterans Affairs were
discharged from further consideration of the joint resolution of the
Senate (S.J. Res. 196) designating September 16, 1994, as ``National
POW/MIA Recognition Day'' and authorizing display of the National League
of Families POW/MIA flag.
When said joint resolution was considered, read twice, ordered to be
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 96.15 privileges of the house--return of bill to senate
Mr. GIBBONS rose to a question of the privileges of the House and
submitted the following privileged resolution (H. Res. 518):
Resolved, That Senate amendment No. 83 to the bill H.R.
4554 making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies programs for the fiscal year ending September 30,
1995, and for other purposes, in the opinion of this House,
contravenes the first clause of the seventh section of the
first article of the Constitution of the United States and is
an infringement of the privileges of this house and that such
bill with the Senate amendments thereto be respectfully
returned to the Senate with a message communicating this
resolution.
The SPEAKER pro tempore, Ms. BROWN, recognized Mr. GIBBONS and Mr.
THOMAS of California, each for 30 minutes.
When said resolution was considered.
After debate,
On motion of Mr. GIBBONS, the previous question was ordered on the
resolution to its adoption or rejection, and under the operation
thereof, the resolution was agreed to.
A motion to reconsider the vote whereby the resolution was agreed to
was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 96.16 enrolled bills and joint resolutions signed
Mr. ROSE, from the Committee on House Administration, reported that
that committee had examined and found truly enrolled bills and joint
resolutions of the House of the following titles, which were thereupon
signed by the Speaker:
H.R. 1426. An Act to provide for the maintenance of dams
located on Indian lands by the Bureau of Indian Affairs or
through contracts with Indian tribes;
H.R. 1933. An Act to authorize appropriations for the
Martin Luther King, Jr. Federal Holiday Commission, to extend
such Commission, and to support the planning and performance
of national service opportunities in conjunction with the
Federal legal holiday honoring the birthday of Martin Luther
King, Jr.;
H.R. 2243. An Act to amend the Federal Trade Commission Act
to extend the authorization of appropriations in such act,
and for other purposes;
H.R. 4277. An Act to establish the Social Security
Administration as an independent agency and to make other
improvements in the Old-Age, Survivor, and Disability
Insurance Program;
H.R. 4426. An Act making appropriations for foreign
operations, export financing, and related programs for the
fiscal year ending September 30, 1995, and making
supplemental appropriations for such programs for the fiscal
year ending September 30, 1994, and for other purposes;
H.R. 4453. An Act making appropriations for military
construction for the Department of Defense for the fiscal
year ending September 30, 1995, and for other purposes;
H.R. 4506. An Act making appropriations for energy and
water development for the fiscal year ending September 30,
1995, and for other purposes;
H.J. Res. 131. Joint resolution designating December 7 of
each year as ``National Pearl Harbor Remembrance Day''; and
H.J. Res. 175. Joint resolution designating October 1994 as
``Italian-American Heritage and Culture Month.''
Para. 96.17 bills presented to the president
Mr. ROSE, from the Committee on House Administration, reported that
that committee did on this day present to the President, for his
approval, bills of the House of the following titles:
H.R. 1631. An Act to amend title 11, District of Columbia
Code, to increase the maximum amount in controversy permitted
for cases under the jurisdiction of the Small Claims and
Conciliation Branch of the Superior Court of the District of
Columbia.
H.R. 2739. An Act to amend the Airport and Airway
Improvement Act of 1982 to authorize appropriations for
fiscal years 1994, 1995, and 1996, and for other purposes.
H.R. 4429. An Act to authorize the transfer of naval
vessels to certain foreign countries.
Para. 96.18 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. FIELDS of Louisiana, for today;
To Mr. FALEOMAVEGA, for today; and
To Mr. BARTON, for today.
And then,
Para. 96.19 adjournment
On motion of Mr. COLLINS, pursuant to the special order heretofore
agreed to, at 5 o'clock and 6 minutes a.m., the House adjourned until
10:30 a.m., Tuesday, August 16, 1994.
Para. 96.20 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. CONYERS: Committee on Government Operations. H.R. 3600.
A bill to ensure individual and family security through
health care coverage for all Americans in a manner that
contains the rate of growth in health care costs and promotes
responsible health insurance practices, to promote choice in
health care, and to ensure and protect the health care of all
Americans; with amendments (Rept. No. 103-601, Pt. 5).
Ordered to be printed.
Mr. de la GARZA: Committee on Agriculture. H.R. 2927. A
bill to amend the Plan Variety Protection Act to make such
Act consistent with the International Convention for the
Protection of New Varieties of Plants of March 19, 1991, to
which the United States is a signatory, and for other
purposes; with an amendment (Rept. No. 103-699). Referred to
the Committee of the Whole House on the State of the Union.
Mr. de la GARZA: Committee on Agriculture. S. 2099. An Act
to establish the Northern Great Plains Rural Development
Commission, and for other purposes (Rept. No. 103-700).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. DELLUMS: Committee of Conference. Conference report on
S. 2182. An Act to authorize appropriations for fiscal year
1995 for military activities of the Department of Defense,
for military construction, and for defense programs of the
Department of Energy, to prescribe personnel strengths for
such fiscal year for the Armed Forces, and for other purposes
(Rept. No. 103-701). Ordered to be printed.
Para. 96.21 subsequent action on a reported bill sequentially referred
Under clause 5 of rule X the following action was taken by the
Speaker:
Referral to the Committee on Government Operations of H.R.
2680 extended for a period ending not later than August 16,
1994.
The Committee on Government Operations discharged from
further consideration of H.R. 4263; H.R. 4263 referred to the
Committee of the Whole House on the State of the Union.
Para. 96.22 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. ROSE:
H.R. 4945. A bill to establish the Library of Congress
Revolving Fund, and for other purposes; to the Committee on
House Administration.
By Mr. SANGMEISTER:
H.R. 4946. A bill to establish the Midewin National
Tallgrass Prairie in the State of Illinois, and for other
purposes; jointly, to the Committees on Armed Services,
Agriculture, and Energy and Commerce.
By Mr. BRYANT:
H.R. 4947. A bill to amend title 28, United States Code, to
establish additional requirements regarding appointment of an
independent counsel; to the Committee on the Judiciary.
By Mr. BACHUS of Alabama (for himself, Mr. Bevill, Mr.
Browder, Mr. Callahan, Mr. Cramer, Mr. Everett, Mr.
Hilliard, Mr. Montgomery, Mr. Rowland, and Mr.
Hutto):
H.R. 4948. A bill to designate Building No. 137 of the
Tuscaloosa Veterans' Medical Center in Tuscaloosa, AL, as the
``Claude Harris, Jr. Building''; to the Committee on
Veterans' Affairs.
By Mr. FRANKS of New Jersey (for himself, Mr. Meehan,
Mr. Gallo, and Mr. DeLay):
[[Page 1587]]
H.R. 4949. A bill to amend title 5, United States Code, to
reform Federal administrative procedures and improve the
regulatory process; to the Committee on the Judiciary.
By Mr. GEJDENSON (for himself, Mr. Roth, Ms. Cantwell,
Mr. Johnston of Florida, Mr. Bereuter, Mrs. Meyers of
Kansas, Mr. Fingerhut, Mr. Engel, Mr. Wynn, Mr.
Oberstar, and Mr. Schumer):
H.R. 4950. A bill to extend the authorities of the Overseas
Private Investment Corporation, and for other purposes; to
the Committee on Foreign Affairs.
By Mr. KIM:
H.R. 4951. A bill to amend the Clean Air Act to provide
that no Federal implementation plan need be promulgated by
the Environmental Protection Agency upon the failure of a
State implementation plan to attain certain attainment
deadlines which have been superseded by the 1990 amendments
to the Clean Air Act, and for other purposes; to the
Committee on Energy and Commerce.
H.R. 4952. A bill to amend the Clean Air Act to provide
that certain requirements in effect prior to the 1990
amendments to the Clean Air Act shall cease to apply, and for
other purposes; to the Committee on Energy and Commerce.
H.R. 4953. A bill to amend the Clean Air Act to prohibit
the Environmental Protection Agency from promulgating a
Federal implementation plan prior to the disapproval of State
implementation plan revisions required pursuant to the Clean
Air Act Amendments of 1990, and for other purposes; to the
Committee on Energy and Commerce.
By Mrs. MALONEY:
H.R. 4954. A bill to amend the Fair Housing Act to provide
sanctions for the filing of certain complaints; to the
Committee on the Judiciary.
By Mrs. MALONEY (for herself, Mrs. Lowey, Mr. Nadler,
Mr. Waxman, Mr. Saxton, Mr. Pastor, and Mr. Cooper):
H.R. 4955. A bill to amend title 5, United States Code, and
the National Security Act of 1947 to require disclosure under
the Freedom of Information Act of information regarding
certain individuals who participated in Nazi war crimes
during the period in which the United States was involved in
World War II; jointly, to the Committees on Government
Operations, the Judiciary, and the Permanent Select Committee
on Intelligence.
By Mr. NEAL of North Carolina (for himself, Mr.
McCollum, Mr. LaFalce, Mr. Frank of Massachusetts,
Mr. LaRocco, Mr. Dooley, Mr. Ridge, Mr. Baker of
Louisiana, and Mr. King):
H.R. 4956. A bill to create an open and competitive
marketplace for financial services which ensures the safety
and soundness of the Nation's financial system as well as the
availability of innovative financial products and services
for consumers, business, and government at the lowest
possible cost, and for other purposes; jointly, to the
Committees on Banking, and Finance and Urban Affairs, and
Energy and Commerce.
By Mr. RAHALL (for himself, Mr. Borski, Mr. DeFazio,
Mr. Coppersmith, Mr. Costello, and Mr. de Lugo):
H.R. 4957. A bill to amend the Railway Labor Act concerning
the applicability of requirements of that act to U.S. air
carriers and flight crews engaged in flight operations
outside the United States; to the Committee on Public Works
and Transportation.
By Mr. ROSE:
H.R. 4958. A bill to amend title 3 of the United States
Code to provide immunity from suit for the President of the
United States, and for other purposes; to the Committee on
the Judiciary.
By Mr. TAUZIN (for himself, Mr. Studds, Mr. Lipinski,
Mr. Fields of Texas, and Mr. Coble) (all by request):
H.R. 4959. A bill to reduce the economic burden on U.S.-
flagged merchant vessels by streamlining certain regulatory
requirements, by expanding the delegation of the performance
of marine safety functions to third parties, and by
broadening the Coast Guard's marine safety authority, and for
other purposes; to the Committee on Merchant Marine and
Fisheries.
By Mr. WYDEN:
H.R. 4960. A bill to provide health care quality safeguards
for consumers of health care insurance and health care
products and services; to the Committee on Energy and
Commerce.
By Mr. LaROCCO:
H.R. 4961. A bill to establish the Coeur d'Alene Basin
Restoration Corporation and authorize the Corporation to
undertake all actions necessary for the cleanup of mining
wastes and the restoration of natural resources in the
watershed encompassing the Coeur d'Alene River, Coeur d'Alene
Lake, and its tributaries, and the Spokane River in northern
Idaho and western Washington; jointly, to the Committees on
Natural Resources, Energy and Commerce, and Public Works and
Transportation.
H.R. 4962. A bill to amend the Federal Water Pollution
Control Act relating to the Coeur d'Alene Basin Management
Conference; jointly, to the Committees on Public Works and
Transportation, Natural Resources, Merchant Marine and
Fisheries, and Energy and Commerce.
By Ms. MARGOLIES-MEZVINSKY:
H.R. 4963. A bill to clarify that the expenses of
administering the Old Age, Survivors, and Disability
Insurance Programs are not included in the budget of the U.S.
Government, and for other purposes; jointly, to the
Committees on Ways and Means, Government Operations, and
Rules.
By Mr. MENENDEZ (for himself, Mr. Frost, Mr. Foglietta,
Mr. Hastings, Mrs. Meek of Florida, Mr. Ehlers, Ms.
Kaptur, Mr. de Lugo , Mr. Farr, Mr. Engel, and Ms.
Woolsey):
H.R. 4964. A bill to provide grants for demonstration
projects to coordinate the administration of services to
needy families with children; jointly, to the Committees on
Ways and Means, Agriculture, Education and Labor, Energy and
Commerce, and Banking, Finance and Urban Affairs.
By Mr. OWENS:
H.R. 4965. A bill to encourage serious negotiations between
the major league baseball players and the owners of major
league baseball in order to prevent a strike by the players
or a lockout by the owners so that the fans will be able to
enjoy the remainder of the baseball season, the playoffs, and
the World Series; to the Committee on the Judiciary.
By Mr. Franks of New Jersey (for himself, Mr. Meehan,
Mr. Gallo, Mr. Quinn, Mr. Olver, Mr. Ackerman, Mr.
Lipinski, Mr. Hinchey, Mr. Torkildsen, Mrs. Kennelly,
Mr. McNulty, Mr. Blute, Mr. Machtley, Mr. Reed, Mr.
Evans, Mr. Klink, Mr. Kasich, Mr. Fingerhut, Mrs.
Johnson of Connecticut, Mr. Swett, and Mr. Coyne):
H.J. Res. 402. Joint resolution to designate the week
beginning March 12, 1995, as ``National Manufacturing Week'';
to the Committee on Post Office and Civil Service.
By Mr. Rahall (for himself, Mr. Dingell, Mr. DeFazio,
Ms. Kaptur, Mrs. Byrne, Mr. Michel, Ms. Danner, Mr.
Hoke, Mr. Kildee, Mr. Fingerhut, Mr. Cox, Ms.
McKinney, and Mr. Knollenberg):
H. Con. Res. 282. Concurrent resolution expressing the
sense of the Congress concerning the ban on the use of United
States passports in Lebanon; to the Committee on Foreign
Affairs.
By Mr. GIBBONS:
H. Res. 518. Resolution returning to the Senate the Senate
amendments to the bill H.R. 4554; considered and agreed to.
By Mr. DORNAN (for himself, Mr. Doolittle, Mr. Smith of
New Jersey, Mr. Gingrich, Mr. Calvert, Mr. Hyde, Mr.
DeLay, Mr. Armey, Mr. McCollum, Mr. Bartlett of
Maryland, Mr. Goss, Mr. Packard, Mr. Crane, Mr.
Fields of Texas, Mr. Ballenger, Mr. Kim, Mr. Burton
of Indiana, Mr. Solomon, Mr. Bunning, Mr. Stearns,
Mr. Goodlatte, Mr. Stump, Mr. Livingston, Mr. Duncan,
Mr. McKeon, Mr. Talent, Mr. Royce, Mr. Hansen, and
Mr. Sundquist):
H. Res. 519. Resolution expressing the sense of the House
of Representatives regarding religious intolerance; to the
Committee on the Judiciary.
Para. 96.23 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
458. By the SPEAKER: Memorial of the Legislature of the
State of California, relative to the Main San Gabriel
Groundwater Basin; to the Committee on Natural Resources.
459. Also, memorial of the Legislature of the State of
California, relative to COBRA benefits; jointly, to the
Committees on Energy and Commerce, Ways and Means, and
Education and Labor.
Para. 96.24 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 127: Mr. Gejdenson, Mr. Pastor, Mr. Ford of Michigan,
Mr. Sabo, Mr. Gallegly, Mr. Yates, and Mr. Dixon.
H.R. 193: Mr. Bonilla, Mr. Buyer, Mr. Chapman, Mr. Collins
of Georgia, Mr. Dickey, Ms. Dunn, Mr. Ehlers, Mr. Gingrich,
Mr. Goodling, Mr. Gunderson, Mr. Hall of Texas, Mr. Hoekstra,
Mr. Inglis of South Carolina, Mr. Istook, Mr. Sam Johnson,
Mr. Kasich, Mr. McCollum, Mr. McKeon, Mr. Schiff, Mr. Shays,
Mr. Shuster, Mr. Stenholm, Mr. Taylor of North Carolina, Mr.
Thomas of California, Mr. Volkmer, Mr. Hoke, Mr. Houghton,
Mr. Schaefer, Mr. Talent, and Mr. Zeliff.
H.R. 291: Mr. Burton of Indiana, Mr. Johnson of Georgia,
and Mr. Gingrich.
H.R. 326: Mr. Washington, Ms. Waters, and Mr. Edwards of
California.
H.R. 654: Mr. Matsui and Mr. Ehlers.
H.R. 1172: Mr. Evans.
H.R. 1737: Mr. Waxman.
H.R. 2019: Mr. Brown of California.
H.R. 2043: Mr. Martinez.
H.R. 2059: Mr. Doolittle.
H.R. 2424: Mr. Brown of Ohio.
H.R. 3062: Mr. Doolittle.
H.R. 3064: Mr. Minge and Mr. Packard.
H.R. 3251: Mr. Shays and Mr. Zeliff.
H.R. 3407: Mr. Torkildsen.
H.R. 3705: Mr. Baesler and Mrs. Unsoeld.
H.R. 3990: Ms. Margolies-Mezvinsky.
H.R. 4051: Mr. Meehan.
H.R. 4056: Mr. Sarpalius, Mr. Bachus of Alabama, and Mr.
Levin.
H.R. 4095: Mr. Hayes.
H.R. 4118: Mr. Hall of Texas.
H.R. 4316: Mr. Hinchey.
H.R. 4345: Mr. Santorum.
H.R. 4412: Mr. Hayes.
H.R. 4413: Mr. Skelton.
[[Page 1588]]
H.R. 4474: Mr. Andrews of New Jersey, Mr. Holden, Mr. Cox,
Mr. Ramstad, and Mr. Talent.
H.R. 4477: Mr. Hayes, Mr. Mazzoli, Mr. Jacobs, Mr. Blute,
Mr. Smith of Oregon, Mr. Clay, Mr. Darden, Mrs. Lloyd, Mr.
Underwood, Mr. Murphy, Mr. Clement, Mr. Roth, Mr. Hutchinson,
Mr. Moran, and Mr. Baker of Louisiana.
H.R. 4610: Mr. Evans, Mr. Parker, Mr. Boucher, Mr. Dickey,
Mr. Cramer, and Mr. Bachus of Alabama.
H.R. 4702: Mr. Moran, Mrs. Morella, and Mrs. Roukema.
H.R. 4708: Mr. Foglietta.
H.R. 4791: Mr. Franks of New Jersey, Mr. Packard, and Mr.
Fields of Texas.
H.R. 4826: Mr. Kingston, Mr. Emerson, Mr. Hansen, Mr.
Kolbe, and Mr. Levy.
H.R. 4828: Mr. Barrett of Wisconsin, Mr. Blute, Ms. Lowey,
Mr. Deutsch, Mr. Frank of Massachusetts, Ms. Schenk, and Mr.
Thornton.
H.R. 4831: Mr. Gingrich.
H.R. 4841: Mr. Olver and Mr. Yates.
H.J. Res. 365: Mr. Conyers, Mr. Bliley, and Mr. Gene Green
of Texas.
H.J. Res. 369: Mr. Hefner, Mr. Gordon, and Mr. Hobson.
H.J. Res. 385: Mr. Lantos, Ms. DeLauro, and Mr. Smith of
Oregon.
H.J. Res. 397: Mr. de Lugo, Mr. Diaz-Balart, Mr. Ortiz, Ms.
Velazquez, Mr. Richardson, Mr. LaFalce, Mr. Romero-Barcelo,
Ms. Roybal-Allard, Mr. Neal of Massachusetts, Mr. Fazio, Mr.
Serrano, Mr. Kopetski, Mr. Lipinski, Mr. Sarpalius, Mr.
Filner, Mr. Berman, Mrs. Mink of Hawaii, Mr. de la Garza, and
Mr. McDermott.
H. Con. Res. 249: Mr. Gilman, Mr. Hastings, Mr. Johnson of
South Dakota, Mr. Price of North Carolina, Mr. Gunderson, Mr.
Porter, Mr. Rose, Ms. Furse, Mr. Machtley, and Mr. Lipinski.
H. Con. Res. 254: Mr. Waxman.
H. Con. Res. 274: Mr. Towns and Mr. Dingell.
H. Con. Res. 276: Mr. Johnson of South Dakota, Mr. Walker,
Mr. Meehan, Mrs. Johnson of Connecticut, Mrs. Mink of Hawaii,
Mr. Fields of Texas, Mr. Price of North Carolina, Mr.
Beilenson, Mr. LaRocco, Mr. Lightfoot, Mr. McHugh, Mrs.
Roukema, Mr. Bereuter, Mr. Camp, Mr. Kleczka, Mr. Kildee, Mr.
Walsh, Mr. Waxman, Mr. Minge, Mr. Visclosky, Mr. Costello,
Mr. Leach, Mrs. Lloyd, Ms. Pelosi, Ms. Furse, Mr. Stenholm,
Ms. Woolsey, Mr. Levy, Mr. Brown of California, and Mr.
Schumer.
H. Res. 424: Mr. Hutto and Mr. Lipinski.
H. Res. 473: Mr. Barrett of Wisconsin.
.
TUESDAY, AUGUST 16, 1994 (97)
Para. 97.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. KLINK,
at 10:30 a.m., who laid before the House the following communication:
Washington, DC,
August 16, 1994.
I hereby designate the Honorable Ron Klink to act as
Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Whereupon, pursuant to the order of the House of Friday, February 11,
1994, and Friday, June 10, 1994, Members were recognized for ``morning
hour'' debates.
Para. 97.2 recess--11:28 a.m.
The SPEAKER pro tempore, Mr. KLINK, pursuant to clause 12 of rule I,
declared the House in recess at 11 o'clock and 28 minutes until 12
o'clock noon.
Para. 97.3 after recess--12:00 noon
The SPEAKER called the House to order.
Para. 97.4 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Friday, August 12, 1994.
Mr. SYNAR, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Mr. SYNAR objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER, pursuant to clause 5, rule I, announced that the vote
would be postponed until later today.
The point of no quorum was considered as withdrawn.
Para. 97.5 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3695. A letter from the Acting Director, Office of
Management and Budget, transmitting notification that the
President intends to exempt all military personnel accounts
from sequester for fiscal year 1995, pursuant to Public Law
101-508, section 13101(c)(4) (104 Stat. 1388-589); to the
Committee on Appropriations.
3696. A letter from the Director, Congressional Budget
Office, transmitting CBO's sequestration update report for
fiscal year 1995, pursuant to Public Law 101-508, section
13101(a) (104 Stat. 1388-587); to the Committee on
Appropriations.
3697. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to the Republic of Argentina,
pursuant to 12 U.S.C. 635(b)(3)(i); to the Committee on
Banking, Finance and Urban Affairs.
3698. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-323,
``Comprehensive Plan Amendments Act of 1994'', pursuant to
D.C. Code section 1-233(c)(1); to the Committee on the
District of Columbia.
3699. A letter from the Secretary of Education,
transmitting final regulations--Chapter 1 Program in Local
Educational Agencies; Chapter 1 Migrant Education Program,
pursuant to 20 U.S.C. 1232(d)(1); to the Committee on
Education and Labor.
3700. A letter from the Chairperson, National Council on
Disability, transmitting a copy of a report on the study of
the implementation of the least restrictive environment
provisions of IDEA in Massachusetts and Illinois, pursuant 29
U.S.C. 781(a)(8); to the Committee on Education and Labor.
3701. A letter from the Inspector General of the Department
of Health and Human Services, transmitting a report on
Superfund financial activities at the National Institute of
Environmental Health Sciences for fiscal year 1992, pursuant
to 31 U.S.C. 7501 nt.; to the Committee on Energy and
Commerce.
3702. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting notification that the
President has authorized the use of $1 million of funds made
available for International Military Education and Training
[IMET] to increase programs for the emerging democracies of
Central and Eastern Europe and for the former Soviet Union
(Presidential Determination No. 94-40), pursuant to 22 U.S.C.
2364(a)(i); to the Committee on Foreign Affairs.
3703. A letter from the Assistant Secretary (Legislative
Affairs), Department of State, transmitting a report on the
President's Determination (No. 94-42) on drawdown of
commodities and services from the inventory and resources of
the Department of the Treasury to support sanction
enforcement efforts against Serbia and Montenegro, pursuant
to 22 U.S.C. 2348a; to the Committee on Foreign Affairs.
3704. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting copies of the original
report of political contributions by Kenneth Spencer
Yalowitz, of Virginia, to be Ambassador to the Republic of
Belarus, and members of his family, pursuant to 22 U.S.C.
3944(b)(2); to the Committee on Foreign Affairs.
3705. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on Foreign Affairs.
3706. A letter from the Chair, Federal Energy Regulatory
Commission, transmitting a copy of the annual report in
compliance with the Government in the Sunshine Act during the
calendar year 1993, pursuant to 5 U.S.C. 552b(j); to the
Committee on Government Operations.
3707. A letter from the Assistant Attorney General,
Department of Justice, transmitting a copy of the ``Office of
Crime Report'' during the fiscal years 1990 and 1991,
pursuant to 42 U.S.C. 10604(g); to the Committee on the
Judiciary.
3708. A letter from the Secretary of Transportation,
transmitting a draft of proposed legislation entitled, the
``Maritime Regulatory Reform Act of 1994''; to the Committee
on Merchant Marine and Fisheries.
3709. A letter from the Department of the Army,
transmitting the Department's Rio Grande De Arecibo
feasibility report; to the Committee on Public Works and
Transportation.
3710. A letter from the Acting Chairman, Nuclear Regulatory
Commission, transmitting a report on the nondisclosure of
Safeguards Information for the quarter ending June 30, 1994,
pursuant to 42 U.S.C. 2167(d); jointly, to the Committees on
Energy and Commerce and Natural Resources.
3711. A letter from the Chief Staff Counsel, United States
Court of Appeals, transmitting one opinion of the United
States Court of Appeals for the District of Columbia Circuit;
jointly, to the Committees on Energy and Commerce and Public
Works and Transportation.
3712. A letter from the Assistant Secretary (Legislative
Affairs), Department of State, transmitting a report covering
certain properties with the Panama Canal Treaty and its
related agreements, pursuant to 22 U.S.C. 3784(b); jointly,
to the Committees on the Foreign Affairs and Merchant Marine
and Fisheries.
Para. 97.6 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed with amendments in which the concurrence of
the House is requested, bills of the House of the following titles:
H.R. 4299. An Act to authorize appropriations for fiscal
year 1995 for intelligence and
[[Page 1589]]
intelligence-related activities of the United States
Government, the Community Management Account, and the Central
Intelligence Agency Retirement and Disability System, and for
other purposes;
H.R. 4554. An Act making appropriations for Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies programs for the fiscal year ending September 30,
1995, and for other purposes; and
H.R. 4650. An Act making appropriations for the Department
of Defense for the fiscal year ending September 30, 1995, and
for other purposes.
The message also announced that the Senate insisted upon its amendment
to the bill (H.R. 4299) ``An Act to authorize appropriations for fiscal
year 1995 for intelligence and intelligence-related activities of the
United States government, the Community Management Account, and the
Central Intelligence Agency Retirement and Disability System, and for
other purposes,'' requested a conference with the House on the
disagreeing votes of the two Houses thereon, and appointed Mr.
DeConcini, Mr. Metzenbaum, Mr. Glenn, Mr. Kerrey, Mr. Bryan, Mr. Graham,
Mr. Kerry, Mr. Baucus, Mr. Johnston, Mr. Warner, Mr. D'Amato, Mr.
Danforth, Mr. Gorton, Mr. Chafee, Mr. Stevens, Mr. Lugar, and Mr.
Wallop; and appointed from the Committee on Armed Services: Mr. Nunn and
Mr. Thurmond; to be the conferees on the part of the Senate.
The message also announced that the Senate insisted upon its
amendments to the bill (H.R. 4554) ``An Act making appropriations for
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies programs for the fiscal year ending September 30, 1995,
and for other purposes,'' requested a new conference with the House on
the disagreeing votes of the two Houses thereon, and appointed Mr.
Bumpers, Mr. Harkin, Mr. Kerrey, Mr. Johnston, Mr. Kohl, Mrs. Feinstein,
Mr. Byrd, Mr. Cochran, Mr. Specter, Mr. Bond, Mr. Gramm, Mr. Gorton, and
Mr. Hatfield; to be the conferees on the part of the Senate.
The message also announced that the Senate insisted upon its
amendments to the bill (H.R. 4650) ``An Act making appropriations for
the Department of Defense for the fiscal year ending September 30, 1995,
and for other purposes,'' requested a conference with the House on the
disagreeing votes of the two Houses thereon, and appointed Mr. Inouye,
Mr. Hollings, Mr. Johnston, Mr. Byrd, Mr. Leahy, Mr. Sasser, Mr.
DeConcini, Mr. Bumpers, Mr. Lautenberg, Mr. Harkin, Mr. Stevens, Mr.
D'Amato, Mr. Cochran, Mr. Specter, Mr. Domenici, Mr. Nickles, Mr. Gramm,
Mr. Bond, and Mr. Hatfield; to be the conferees on the part of the
Senate.
The message also announced that the Senate had passed a bill and
joint resolution of the following titles, in which the concurrence of
the House is requested:
S. 784. An Act to amend the Federal Food, Drug, and
cosmetic Act to establish standards with respect to dietary
supplements, and for other purposes;
S.J. Res. 185. Joint Resolution to designate October 1994
as ``National Breast Cancer Awareness Month'';
S.J. Res. 192. Joint Resolution to designate October 1994
as ``Crime Prevention Month''; and
S.J. Res. 198. Joint Resolution designating 1995 the ``Year
of the Grandparent.''
The message also announced that the Senate agreed to the amendments of
the House to the resolution (S.J. Res. 153) entitled ``Joint resolution
to designate the week beginning on November 21, 1993 and ending on
November 27, 1993, and the week beginning on November 20, 1994 and
ending on November 26, 1994, as National Family Caregivers Week.''
Para. 97.7 private calendar business dispensed with
On motion of Mr. SENSENBRENNER, by unanimous consent,
Ordered, That business in order today, under clause 6, rule XXIV, the
Private Calendar rule, be dispensed with.
Para. 97.8 extend satellite broadcast retransmission rights
Mr. BROOKS moved to suspend the rules and pass the bill (H.R. 1103) to
amend title 17, United States Code, with respect to secondary
transmissions of superstations and network stations for private home
viewing, and with respect to cable systems; as amended.
The SPEAKER pro tempore, Mr. TRAFICANT, recognized Mr. BROOKS and Mr.
MOORHEAD, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. TRAFICANT, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
On motion of Mr. BROOKS, by unanimous consent, the Committee on the
Judiciary was discharged from further consideration of the bill of
Senate (S. 1485) to extend certain satellite carrier compulsory
licenses, and for other purposes.
When said bill was considered and read twice.
Mr. BROOKS submitted the following amendment, which was agreed to:
Strike out all after the enacting clause and insert the provisions of
H.R. 1103, as passed by the House.
The bill, as amended, was ordered to be read a third time, was read a
third time by title, and passed.
By unanimous consent, the title was amended so as to read: ``An Act to
amend title 17, United States Code, with respect to secondary
transmissions of superstations and network stations for private home
viewing, and with respect to cable systems.''.
A motion to reconsider the votes whereby said bill, as amended, was
passed and the title was amended was, by unanimous consent, laid on the
table.
On motion of Mr. BROOKS, by unanimous consent, it was,
Resolved, That the House insist upon its amendments to the foregoing
bill and request a conference with the Senate on the disagreeing votes
of the two Houses thereon.
Thereupon, the SPEAKER pro tempore, Mr. TRAFICANT, by unanimous
consent, announced the appointment of Messrs. Brooks, Hughes, Synar,
Boucher, Frank, Moorhead, Coble and Fish, as managers on the part of the
House at said conference.
Ordered, That the Clerk notify the Senate thereof.
By unanimous consent, H.R. 1103, a similar House bill, was laid on the
table.
Para. 97.9 park boundary adjustments and miscellaneous
Mr. VENTO moved to suspend the rules and agree to the following
resolution (H. Res. 520):
Resolved, That, upon adoption of this resolution, the bill
(H.R. 1305) to make boundary adjustments and other
miscellaneous changes to authorities and programs of the
National Park Service, with the Senate amendment thereto,
shall be considered to have been taken from the Speaker's
table, and the same hereby agreed to with an amendment as
follows: In lieu of the matter proposed to be inserted by the
Senate, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Minor Boundary Adjustments
and Miscellaneous Park Amendments Act of 1994''.
TITLE I--MINOR BOUNDARY ADJUSTMENTS
SEC. 101. YUCCA HOUSE NATIONAL MONUMENT BOUNDARY ADJUSTMENT.
(a) In General.--The boundaries of Yucca House National
Monument are revised to include the approximately 24.27 acres
of land generally depicted on the map entitled ``Boundary--
Yucca House National Monument, Colorado'', numbered 318/
80,001-B, and dated February 1990.
(b) Map.--The map referred to in subsection (a) shall be on
file and available for public inspection in appropriate
offices of the National Park Service of the Department of the
Interior.
(c) Acquisition by Donation.--(1) Within the lands
described in subsection (a), the Secretary of the Interior
may acquire lands and interests in lands by donation.
(2) The Secretary of the Interior may pay administrative
costs arising out of any donation described in paragraph (1)
with appropriated funds.
SEC. 102. ZION NATIONAL PARK BOUNDARY ADJUSTMENT.
(a) Acquisition and Boundary Change.--The Secretary of the
Interior is authorized to acquire by exchange approximately
5.48 acres located in the SW\1/4\ of Section 28, Township 41
South, Range 10 West, Salt Lake Base and Meridian. In
exchange therefor the Secretary is authorized to convey all
right, title, and interest of the United States in and to
approximately 5.51 acres in Lot 2 of Section 5, Township 41
South, Range 11 West, both parcels of land being in
Washington County, Utah. Upon completion of such exchange,
the Secretary is authorized to revise
[[Page 1590]]
the boundary of Zion National Park to add the 5.48 acres in
Section 28 to the park and to exclude the 5.51 acres in
Section 5 from the park. Land added to the park shall be
administered as part of the park in accordance with the laws
and regulations applicable thereto.
(b) Expiration.--The authority granted by this section
shall expire two years after the date of the enactment of
this Act.
SEC. 103. PICTURED ROCKS NATIONAL LAKESHORE BOUNDARY
ADJUSTMENT.
The boundary of Pictured Rocks National Lakeshore is hereby
modified as depicted on a map entitled ``Area Proposed for
Addition to Pictured Rocks National Lakeshore'', numbered
625-80, 043A and dated July 1992.
SEC. 104. INDEPENDENCE NATIONAL HISTORICAL PARK BOUNDARY
ADJUSTMENT.
The administrative boundary between Independence National
Historical Park and the United States Customs House along the
Moravian Street Walkway in Philadelphia, Pennsylvania, is
hereby modified as generally depicted on the drawing entitled
``Exhibit 1, Independence National Historical Park, Boundary
Adjustment'', and dated May 1987, which shall be on file and
available for public inspection in the Office of the National
Park Service, Department of the Interior. The Secretary of
the Interior is authorized to accept and transfer
jurisdiction over property in accord with such administrative
boundary, as modified by this section.
SEC. 105. CRATERS OF THE MOON NATIONAL MONUMENT BOUNDARY
ADJUSTMENT.
(a) Boundary Revision.--The boundary of Craters of the Moon
National Monument, Idaho, is revised to add approximately 210
acres and to delete approximately 315 acres as generally
depicted on the map entitled ``Craters of the Moon National
Monument, Idaho, Proposed 1987 Boundary Adjustment'',
numbered 131-80,008, and dated October 1987, which map shall
be on file and available for public inspection in the Office
of the National Park Service, Department of the Interior.
(b) Administration and Acquisition.--Federal lands, and
interests therein deleted from the boundary of the national
monument by this section shall be administered by the
Secretary of the Interior through the Bureau of Land
Management in accordance with the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.), and Federal
lands, and interests therein added to the national monument
by this section shall be administered by the Secretary as
part of the national monument, subject to the laws and
regulations applicable thereto. The Secretary is authorized
to acquire private lands, and interests therein within the
boundary of the national monument by donation, purchase with
donated or appropriated funds, or exchange, and when acquired
they shall be administered by the Secretary as part of the
national monument, subject to the laws and regulations
applicable thereto.
SEC. 106. HAGERMAN FOSSIL BEDS NATIONAL MONUMENT BOUNDARY
ADJUSTMENT.
Section 302 of the Arizona-Idaho Conservation Act of 1988
(102 Stat. 4576) is amended by adding the following new
subsection:
``(d) To further the purposes of the monument, the
Secretary is also authorized to acquire from willing sellers
only, by donation, purchase with donated or appropriated
funds, or exchange not to exceed 65 acres outside the
boundary depicted on the map referred to in section 301 and
develop and operate thereon research, information,
interpretive, and administrative facilities. Lands acquired
and facilities developed pursuant to this subsection shall be
administered by the Secretary as part of the monument. The
boundary of the monument shall be modified to include the
lands added under this subsection as a noncontiguous
parcel.''.
SEC. 107. WUPATKI NATIONAL MONUMENT BOUNDARY ADJUSTMENT.
The boundary of the Wupatki National Monument, Arizona, is
hereby revised to include the lands and interests in lands
within the area generally depicted as ``Proposed Addition
168.89 Acres'' on the map entitled ``Boundary--Wupatki and
Sunset Crater National Monuments, Arizona'', numbered 322-
80,021, and dated April 1989. The map shall be on file and
available for public inspection in the Office of the National
Park Service, Department of the Interior. Subject to valid
existing rights, Federal lands, and interests therein within
the area added to the monument by this section are hereby
transferred without monetary consideration or reimbursement
to the administrative jurisdiction of the National Park
Service, to be administered as part of the monument in
accordance with the laws and regulations applicable thereto.
TITLE II--MISCELLANEOUS SPECIFIC PARK AMENDMENTS
SEC. 201. ADVISORY COMMISSIONS.
(a) Kaloko-Honokohau National Historical Park, HI.--
(1) This subsection may be cited as the ``Na Hoa Pili
Kaloko-Honokohau Re-establishment Act of 1994''.
(2) Notwithstanding section 505(f)(7) of Public Law 95-625
(16 U.S.C. 396d(7)), the Na Hoa Pili O Kaloko-Honokohau, the
Advisory Commission for Kaloko-Honokohau National Historical
Park, is hereby re-established in accordance with section
505(f), as amended by subsection (b) of this section.
(3) Section 505(f)(7) of Public Law 95-625 (16 U.S.C.
396d(7)), is amended by striking ``this Act'' and inserting
in lieu thereof, ``the Na Hoa Pili Kaloko-Honokohau Re-
establishment Act of 1994.''.
(b) Women's Rights National Historical Park, NY.--Section
1601(h)(5) of the Act of December 28, 1980 (16 U.S.C.
410ll(h)(5)), is amended by striking ``ten years'' and
inserting in lieu thereof ``twenty-five years''.
SEC. 202. AMENDMENT OF BOSTON NATIONAL HISTORIC PARK ACT.
Section 3(b) of the Boston National Historical Park Act of
1974 (16 U.S.C. 410z-1(b)) is amended by inserting ``(1)''
before the first sentence thereof and by adding the following
at the end thereof:
``(2) The Secretary of the Interior is authorized to enter
into a cooperative agreement with the Boston Public Library
to provide for the distribution of informational and
interpretive materials relating to the park and to the
Freedom Trail.''.
TITLE III--GENERAL AUTHORIZATIONS AND REPEALERS
SEC. 301. LIMITATION ON PARK BUILDINGS.
The 10th undesignated paragraph (relating to a limitation
on the expenditure of funds for park buildings) under the
heading ``miscellaneous objects, department of the
interior'', which appears under the heading ``UNDER THE
DEPARTMENT OF THE INTERIOR'', as contained in the first
section of the Act of August 24, 1912 (37 Stat. 460), as
amended (16 U.S.C. 451), is hereby repealed.
SEC. 302. APPROPRIATIONS FOR TRANSPORTATION OF CHILDREN.
The first section of the Act of August 7, 1946 (16 U.S.C.
17j-2), is amended by adding at the end the following:
``(j) Provide transportation for children in nearby
communities to and from any unit of the National Park System
used in connection with organized recreation and interpretive
programs of the National Park Service.''.
SEC. 303. FERAL BURROS AND HORSES.
Section 9 of the Act of December 15, 1971 (16 U.S.C.
1338a), is amended by adding at the end thereof the
following: ``Nothing in this Act shall be deemed to limit the
authority of the Secretary in the management of units of the
National Park System, and the Secretary may, without regard
either to the provisions of this Act, or section 47(a) of
title 18, United States Code, use motor vehicles, fixed-wing
aircraft and helicopters, or contract for such use, in
furtherance of the management of the National Park System,
and the provisions of section 47(a) of title 18, United
States Code, shall not be applicable to such use.''.
SEC. 304. AUTHORITIES OF THE SECRETARY OF THE INTERIOR
RELATING TO MUSEUMS.
(a) Functions.--The Act entitled ``An Act to increase the
public benefits from the National Park System by facilitating
the management of museum properties relating thereto, and for
other purposes'' approved July 1, 1955 (16 U.S.C. 18f), is
amended--
(1) in paragraph (b) of the first section, by striking out
``from such donations and bequests of money''; and
(2) by adding at the end thereof the following:
``SEC. 2. ADDITIONAL FUNCTIONS.
``(a) In addition to the functions specified in the first
section of this Act, the Secretary of the Interior may
perform the following functions in such manner as he shall
consider to be in the public interest:
``(1) Transfer museum objects and museum collections that
the Secretary determines are no longer needed for museum
purposes to qualified Federal agencies that have programs to
preserve and interpret cultural or natural heritage, and
accept the transfer of museum objects and museum collections
for the purposes of this Act from any other Federal agency,
without reimbursement. The head of any other Federal agency
may transfer, without reimbursement, museum objects and
museum collections directly to the administrative
jurisdiction of the Secretary of the Interior for the
purposes of this Act.
``(2) Convey museum objects and museum collections that the
Secretary determines are no longer needed for museum
purposes, without monetary consideration but subject to such
terms and conditions as the Secretary deems necessary, to
private institutions exempt from Federal taxation under
section 501(c)(3) of the Internal Revenue Code of 1986 and to
non-Federal governmental entities if the Secretary determines
that the recipient is dedicated to the preservation and
interpretation of natural or cultural heritage and is
qualified to manage the property, prior to any conveyance
under this subsection.
``(3) Destroy or cause to be destroyed museum objects and
museum collections that the Secretary determines to have no
scientific, cultural, historic, educational, esthetic, or
monetary value.
``(b) The Secretary shall ensure that museum objects and
museum collections are treated in a careful and deliberate
manner that protects the public interest. Prior to taking any
action under subsection (a), the Secretary shall establish a
systematic review and approval process, including
consultation with appropriate experts, that meets the highest
standards of the museum profession for all actions taken
under this section.''.
(b) Application and Definitions.--The Act entitled ``An Act
to increase the public benefits from the National Park System
by facilitating the management of museum properties relating
thereto, and for other purposes'' approved July 1, 1955 (16
U.S.C. 18f), as amended by subsection (a), is further amended
by adding the following:
[[Page 1591]]
``SEC. 3. APPLICATION AND DEFINITIONS.
``(a) Application.--Authorities in this Act shall be
available to the Secretary of the Interior with regard to
museum objects and museum collections that were under the
administrative jurisdiction of the Secretary for purposes of
the National Park System before the date of enactment of this
section as well as those museum objects and museum
collections that may be acquired on or after such date.
``(b) Definitions.--For the purposes of this Act, the terms
`museum objects' and `museum collections' mean objects that
are eligible to be or are made part of a museum, library, or
archive collection through a formal procedure, such as
accessioning. Such objects are usually movable and include
but are not limited to prehistoric and historic artifacts,
works of art, books, documents, photographs, and natural
history specimens.''.
SEC. 305. VOLUNTEERS IN THE PARKS INCREASE.
Section 4 of the Volunteers in the Parks Act of 1969 (16
U.S.C. 18j) is amended by striking out ``$1,000,000'' and
inserting in lieu thereof ``$1,750,000''.
SEC. 306. COOPERATIVE AGREEMENTS FOR RESEARCH PURPOSES.
Section 3 of the Act entitled ``An Act to improve the
administration of the National Park System by the Secretary
of the Interior, and to clarify the authorities applicable to
the system, and for other purposes'' approved August 18, 1970
(16 U.S.C. 1a-2), is amended--
(1) in paragraph (i), by striking out the period at the end
thereof and inserting in lieu thereof ``; and''; and
(2) by adding at the end thereof the following:
``(j) enter into cooperative agreements with public or
private educational institutions, States, and their political
subdivisions, or private conservation organizations for the
purpose of developing adequate, coordinated, cooperative
research and training programs concerning the resources of
the National Park System, and, pursuant to such agreements,
to accept from and make available to the cooperator such
technical and support staff, financial assistance for
mutually agreed upon research projects, supplies and
equipment, facilities, and administrative services relating
to cooperative research units as the Secretary deems
appropriate; except that this paragraph shall not waive any
requirements for research projects that are subject to the
Federal procurement regulations.''.
SEC. 307. CARL GARNER FEDERAL LANDS CLEANUP DAY.
The Federal Lands Cleanup Act of 1985 (36 U.S.C. 169i-169i-
1 is amended by striking ``Federal Lands Cleanup Day'' each
place it occurs and inserting in lieu thereof, ``Carl Garner
Federal Lands Cleanup Day''.
The SPEAKER pro tempore, Mr. TRAFICANT, recognized Mr. VENTO and Mr.
ALLARD, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said resolution?
The SPEAKER pro tempore, Mr. TRAFICANT, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said resolution was agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
Para. 97.10 farmington wild and scenic river
Mr. VENTO moved to suspend the rules and agree to the following
amendments of the Senate to the bill (H.R. 2815) to designate a portion
of the Farmington River in Connecticut as a component of the National
Wild and Scenic Rivers System:
Page 4, strike out lines 4 to 23 and insert:
(6) the Colebrook Dam and Goodwin Dam hydroelectric
projects are located outside the river segment designated by
section 3, and based on the study of the Farmington River
pursuant to Public Law 99-590, continuation of the existing
operation of these projects as presently configured,
including associated transmission lines and other existing
project works, is compatible with the designation made by
section 3 and will not unreasonably diminish the scenic,
recreational, and fish and wildlife values of the segment
designated by such section as of the date of enactment of
this Act.
Page 6, strike out lines 2 to 4 insert:
(a) Committee.--The Director of the National Park Service,
or his or her designee, shall represent the Secretary on the
Farmington River Coordinating Committee provided for in the
plan.
Page 6, line 5, strike out all after ``Role.--'' down to
and including ``(2)'' in line 15 and insert: (1)
Page 7, line 7, strike out ``(3)'' and insert ``(2)''.
Page 7, line 10, strike out ``(4)'' and insert ``(3)''.
Page 7, line 21, strike out ``Director'' and insert
``Secretary''.
Page 8, strike out lines 23, and 24.
Page 9, line 1, strike out ``(3)'' and insert ``(2)''.
Page 9, line 7, strike out ``(4)'' and insert ``(3)''.
The SPEAKER pro tempore, Mr. TRAFICANT, recognized Mr. VENTO and Mr.
ALLARD, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said amendments?
The SPEAKER pro tempore, Mr. TRAFICANT, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said amendments were agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said amendments were agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
Para. 97.11 black revolutionary war patriots/women military memorials
Mr. VENTO moved to suspend the rules and agree to the following
amendments of the Senate to the bill (H.R. 2947) to extend for a
additional two years the authorization of the Black Reveolutionary War
Patriots Foundation to establish a memorial:
Page 6, line 1, after ``Administrator'' insert ``(as
appropriate)''.
Page 6, line 3, after ``the'' insert ``Secretary or
Administrator determines the fundraising efforts with respect
to the commemorative work have misrepresented an affiliation
with the commemorative work or the United States''.
Page 6, strike out lines 4 to 13.
Page 6, lines 15 and 16, strike out ``operations prepared''
and insert ``operations, including financial statements
audited''.
Page 6, line 18, strike out ``work.'' and insert ``work.''.
Page 6, strike out lines 19 to 25.
Page 7, line 6, strike out ``(1) Section'' and insert
``Section''.
Page 7, strike out lines 12 to 16.
The SPEAKER pro tempore, Mr. TRAFICANT, recognized Mr. VENTO and Mr.
ALLARD, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said amendments?
The SPEAKER pro tempore, Mr. TRAFICANT, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. VENTO demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. TRAFICANT, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
Para. 97.12 subpoena
The SPEAKER pro tempore, Mr. TRAFICANT, laid before the House a
communication, which was read as follows:
House of Representtives,
Washington, DC, August 10, 1994.
Hon. Thomas Foley,
Speaker of the House,
The Capitol, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that a member of my
staff has been served with a subpoena issued by the Circuit
Court for the Sixteenth Judicial District, County of Kane,
Illinois relating to a constituent casework matter.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoena is
consistent with the privileges and precedents of the House.
Sincerely,
J. Dennis Hastert,
Member of Congress.
Para. 97.13 fbi employees placement assistance
Mr. McCLOSKEY moved to suspend the rules and pass the bill (H.R. 4884)
to authorize noncompetitive, career or career-conditional appointments
for employees of the Criminal Justice Information Services of the
Federal Bureau of Investigation who do not relocate to Clarksburg, West
Virginia; as amended.
The SPEAKER pro tempore, Mr. TRAFICANT, recognized Mr. McCLOSKEY and
Mrs. MORELLA, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. TRAFICANT, announced that two-
[[Page 1592]]
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 97.14 high speed rail development
Ms. SCHENK moved to suspend the rules and pass the bill (H.R. 4867) to
authorize appropriations for high-speed rail transportation, and for
other purposes; as amended.
The SPEAKER pro tempore, Mr. TRAFICANT, recognized Ms. SCHENK and Mr.
MOORHEAD, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. TRAFICANT, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. HEFLEY demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. TRAFICANT, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
Para. 97.15 railroad unemployment insurance
Ms. SCHENK moved to suspend the rules and pass the bill (H.R. 4868) to
amend the Railroad Unemployment Insurance Act to reduce the waiting
period for benefits payable under that Act, and for other purposes; as
amended.
The SPEAKER pro tempore, Mr. TRAFICANT, recognized Ms. SCHENK and Mr.
MOORHEAD, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. TRAFICANT, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 97.16 hazmat transportation authorization
Mr. MINETA moved to suspend the rules and agree to the following
amendment of the Senate to the bill (H.R. 2178) to amend the Hazardous
Materials Transportation Act to authorize appropriations for fiscal
years 1994, 1995, 1996, and 1997:
Strike out all after the enacting clause and insert:
TITLE I--HAZARDOUS MATERIALS TRANSPORTATION ACT AMENDMENTS
SEC. 101. SHORT TITLE.
This title may be cited as the ``Hazardous Materials
Transportation Authorization Act of 1994''.
SEC. 102. AMENDMENT OF TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or a repeal of, a section or other provision,
the reference shall be considered to be made to a section or
other provision of title 49, United States Code.
SEC. 103. AUTHORIZATION OF APPROPRIATIONS.
Section 5127(a) (relating to authorization of
appropriations) is amended by striking out ``the fiscal year
ending September 30, 1993,'' and inserting ``fiscal year
1993, $18,000,000 for fiscal year 1994, $18,540,000 for
fiscal year 1995, $19,100,000 for fiscal year 1996, and
$19,670,000 for fiscal year 1997''.
SEC. 104. EXEMPTIONS FROM REQUIREMENT TO FILE REGISTRATION
STATEMENT.
Section 5108(a) (relating to persons required to file) is
amended by adding at the end the following new paragraph:
``(4) The Secretary may waive the filing of a registration
statement, or the payment of a fee, required under this
subsection, or both, for any person not domiciled in the
United States who solely offers hazardous materials for
transportation to the United States from a place outside the
United States if the country of which such person is a
domiciliary does not require persons domiciled in the United
States who solely offer hazardous materials for
transportation to the foreign country from places in the
United States to file registration statements, or to pay
fees, for making such an offer.''.
SEC. 105. PLANNING GRANTS FOR INDIAN TRIBES.
(a) Authority to Make Grants.--Section 5116(a)(1) (relating
to planning grants) is amended--
(1) by inserting ``and Indian tribes'' after ``States'' the
first place it appears; and
(2) by striking ``in a State and between States'' and
inserting ``on lands under the jurisdiction of a State or
Indian tribe, and between lands under the jurisdiction of a
State or Indian tribe and lands of another State or Indian
tribe''.
(b) Maintenance of Effort.--Section 5116(a)(2) (relating to
planning grants) is amended--
(1) by inserting ``or Indian tribe'' after ``State'' the
first and third places it appears;
(2) by striking ``the State'' the second place it appears;
(3) by inserting ``the State or Indian tribe'' before
``certifies''; and
(4) by inserting ``the State'' before ``agrees''.
(c) Coordination of Planning.--Section 5116(a) (relating to
planning grants in general) is amended by adding at the end
the following new paragraph:
``(3) A State or Indian tribe receiving a grant under this
subsection shall ensure that planning under the grant is
coordinated with emergency planning conducted by adjacent
States and Indian tribes.''.
SEC. 106. TRAINING CRITERIA FOR SAFE HANDLING AND
TRANSPORTATION.
Section 5107(d) (relating to coordination of training
requirements) is amended--
(1) by inserting ``or duplicate'' after ``conflict with'';
and
(2) by striking ``hazardous waste operations and'' and
inserting ``hazard communication, and hazardous waste
operations, and''.
SEC. 107. DISCLOSURE OF FEES LEVIED BY STATES, POLITICAL
SUBDIVISIONS, AND INDIAN TRIBES.
Section 5125(g) (relating to fees) is amended--
(1) by inserting ``(1)'' after ``(g) Fees.--''; and
(2) by adding at the end the following:
``(2) A State or political subdivision thereof or Indian
tribe that levies a fee in connection with the transportation
of hazardous materials shall, upon the Secretary's request,
report to the Secretary on--
``(A) the basis on which the fee is levied upon persons
involved in such transportation;
``(B) the purposes for which the revenues from the fee are
used;
``(C) the annual total amount of the revenues collected
from the fee; and
``(D) such other matters as the Secretary requests.''.
SEC. 108. ANNUAL REPORT.
Section 5121(e) (relating to annual report) is amended--
(1) by striking ``Annual'' in the subsection heading, and
(2) by striking the first sentence and inserting the
following: ``The Secretary shall, once every 2 years, prepare
and submit to the President for transmittal to the Congress a
comprehensive report on the transportation of hazardous
materials during the preceding 2 calendar years.''.
SEC. 109. INTELLIGENT VEHICLE-HIGHWAY SYSTEMS.
(a) In General.--In implementing the Intelligent Vehicle-
Highway Systems Act of 1991 (23 U.S.C. 307 note), the
Secretary of Transportation shall ensure that the National
Intelligent Vehicle-Highway Systems Program addresses, in a
comprehensive and coordinated manner, the use of intelligent
vehicle-highway system technologies to promote hazardous
materials transportation safety. The Secretary of
Transportation shall ensure that 2 or more operational tests
funded under such Act shall promote such safety and advance
technology for providing information to persons who provide
emergency response to hazardous materials transportation
incidents.
(b) Grants for Certain Emergency Response Information
Technologies.--
(1) In carrying out one of the operational tests under
subsection (a), the Secretary of Transportation may make
grants to one or more persons, including a State or local
government or department, agency, or instrumentality thereof,
to demonstrate the feasibility of establishing and operating
computerized telecommunications emergency response
information technologies that are used--
(A) to identify the contents of shipments of hazardous
materials transported by motor carriers;
(B) to permit retrieval of data on shipments of hazardous
materials transported by motor carriers;
(C) to link systems that identify, store, and allow the
retrieval of data for emergency response to incidents and
accidents involving transportation of hazardous materials by
motor carrier; and
(D) to provide information to facilitate responses to
accidents and incidents involving hazardous materials
shipments by motor carriers either directly or through
linkage with other systems.
(2) Any project carried out with a grant under this
subsection must involve two or
[[Page 1593]]
more motor carriers of property. One of the motor carriers
selected to participate in the project must be a carrier that
transports mostly hazardous materials. The other motor
carrier selected must be a regular-route common carrier that
specializes in transporting less-than-truckload shipments.
The motor carriers selected may be engaged in multimodal
movements of hazardous materials with other motor carriers,
rail carriers, or water carriers.
(3) To the maximum extent practicable, the Secretary of
Transportation shall coordinate a project under this
subsection with any existing Federal, State, and local
government projects and private projects which are similar to
the project under this subsection. The Secretary may require
that a project under this subsection be carried out in
conjunction with such similar Federal, State, and local
government projects and private projects.
SEC. 110. RAIL TANK CAR SAFETY.
Not later than 1 year after the date of enactment of this
Act, the Secretary of Transportation shall issue final
regulations under the following:
(1) The rulemaking proceeding under Docket HM-175A entitled
``Crashworthiness Protection Requirements for Tank Cars''.
(2) The rulemaking proceeding under Docket HM-201 entitled
``Detection and Repair of Cracks, Pits, Corrosion, Lining
Flaws, Thermal Protection Flaws and Other Defects of Tank Car
Tanks''.
SEC. 111. SAFE PLACEMENT OF TRAIN CARS.
The Secretary of Transportation shall conduct a study of
existing practices regarding the placement of cars on trains,
with particular attention to the placement of cars that carry
hazardous materials. In conducting the study, the Secretary
shall consider whether such placement practices increase the
risk of derailment, hazardous materials spills, or tank
ruptures or have any other adverse effect on safety. The
results of the study shall be submitted to Congress within 1
year after the date of enactment of this Act.
SEC. 112. GRADE CROSSING SAFETY.
The Secretary of Transportation shall, within 6 months
after the date of enactment of this Act, amend regulations--
(1) under chapter 51 of title 49, United States Code,
(relating to transportation of hazardous materials) to
prohibit the driver of a motor vehicle transporting hazardous
materials in commerce, and
(2) under chapter 315 of such title (relating to motor
carrier safety) to prohibit the driver of any commercial
motor vehicle,
from driving the motor vehicle onto a highway-rail grade
crossing without having sufficient space to drive completely
through the crossing without stopping.
SEC. 113. DRIVER'S RECORD OF DUTY STATUS.
(a) In General.--
(1) The Secretary of Transportation shall prescribe
regulations amending part 395 of title 49, Code of Federal
Regulations, to improve--
(A) compliance by commercial motor vehicle drivers and
motor carriers with hours of service requirements; and
(B) the effectiveness and efficiency of Federal and State
enforcement officers reviewing such compliance.
(2) Such regulations shall be proposed not later than 12
months after the date of enactment of this Act and shall be
issued and become effective not later than 18 months after
such date of enactment. In prescribing the regulations, the
Secretary of Transportation shall ensure that compliance can
be achieved at a cost that is reasonable to drivers and motor
carriers.
(b) Contents of Regulations.--Such regulations shall
include the following:
(1) A description of identification items (which include
either driver name or vehicle number) that shall be part of a
written or electronic document to enable such written or
electronic document to be used by a motor carrier or by an
enforcement officer as a supporting document to verify the
accuracy of a driver's record of duty status.
(2) A provision specifying the number, type, and frequency
of supporting documents that must be retained by a motor
carrier so as to allow verification of the accuracy of such
documents at a reasonable cost, to the driver and the motor
carrier, of record acquisition and retention.
(3) A provision specifying the period during which
supporting documents shall be retained by the motor carrier.
The period shall be at least 6 months from the date of a
document's receipt.
(4) A provision to authorize, on a case-by-case basis,
motor carrier self-compliance systems that ensure driver
compliance with hours of service requirements and allow
Federal and State enforcement officers the opportunity to
conduct independent audits of such systems to validate
compliance with section 395.8(k) of title 49, Code of Federal
Regulations (or successor regulations thereto). Such
authorization may also be provided by the Secretary to a
group of motor carriers that meet specific conditions that
may be established by regulation by the Secretary and that
are subject to audit by Federal and State enforcement
officers.
(5) A provision to allow a waiver, on a case-by-case basis,
of certain requirements of section 395.8(k) of title 49, Code
of Federal Regulations (or successor regulations thereto),
when sufficient supporting documentation is provided directly
and at a satisfactory frequency to enforcement personnel by
an intelligent vehicle-highway system, as defined by section
6059 of the Intelligent Vehicle-Highway Systems Act of 1991
(23 U.S.C. 307 note). Such waiver may also be allowed for a
group of motor carriers that meet specific conditions that
may be established by regulation by the Secretary.
(c) Supporting Document Defined.--For purposes of this
section, a supporting document is any document that is
generated or received by a motor carrier or commercial motor
vehicle driver in the normal course of business that could be
used, as produced or with additional identifying information,
to verify the accuracy of a driver's record of duty status.
SEC. 114. SAFETY PERFORMANCE HISTORY OF NEW DRIVERS.
(a) Amendment of Regulations.--Within 18 months after the
date of enactment of this Act, the Secretary of
Transportation shall amend section 391.23 of title 49, Code
of Federal Regulations (or successor regulations thereto),
to--
(1) specify the safety information that must be sought
under that section by a motor carrier with respect to a
driver;
(2) require that such information be requested from former
employers and that former employers furnish the requested
information within 30 days after receiving the request; and
(3) ensure that the driver to whom such information applies
has a reasonable opportunity to review and comment on the
information.
(b) Safety Information.--The safety information required to
be specified under subsection (a)(1) shall include
information on--
(1) any motor vehicle accidents in which the driver was
involved during the preceding 3 years;
(2) any failure of the driver, during the preceding 3
years, to undertake or complete a rehabilitation program
under section 31302 of title 49, United States States Code
(relating to limitation on the number of driver's licenses)
after being found to have used, in violation of law or
Federal regulation, alcohol or a controlled substance;
(3) any use by the driver, during the preceding 3 years, in
violation of law or Federal regulation, of alcohol or a
controlled substance subsequent to completing such a
rehabilitation program; and
(4) any other matters determined by the Secretary of
Transportation to be appropriate and useful for determining
the driver's safety performance.
(c) Former Employer.--For purposes of this section, a
former employer is any person who employed the driver in the
preceding 3 years.
SEC. 115. RETENTION OF SHIPPING PAPERS.
Section 5110 (relating to shipping papers and disclosure)
is amended by adding at the end the following new subsection:
``(e) Retention of Papers.--After the hazardous material to
which a shipping paper provided to a carrier under subsection
(a) applies is no longer in transportation, the person who
provided the shipping paper and the carrier required to
maintain it under subsection (a) shall retain the paper or
electronic image thereof for a period of 1 year to be
accessible through their respective principal places of
business. Such person and carrier shall, upon request, make
the shipping paper available to a Federal, State, or local
government agency at reasonable times and locations.''.
SEC. 116. TOLL FREE NUMBER FOR REPORTING.
The Secretary of Transportation shall designate a toll free
telephone number for transporters of hazardous materials and
other individuals to report to the Secretary possible
violations of chapter 51 of title 49, United States Code, or
any order or regulation issued under that chapter.
SEC. 117. TECHNICAL CORRECTIONS.
(a) Amendments Relating to Packaging.--
(1) Sections 5102(3)(C)(ii) and 5102(4)(A)(iii) are each
amended by striking ``packages'' and inserting
``packagings''.
(2) Sections 5103(b)(1)(A)(iii), 5121(c)(1)(A),
5125(b)(1)(E), and 5126(a) are each amended by striking ``a
package or'' and inserting ``a packaging or a''.
(3) Section 5108(a)(1)(D) is amended--
(A) by striking ``a bulk package'' and inserting in lieu
thereof ``a bulk packaging''; and
(B) by striking ``the package'' and inserting ``the bulk
packaging''.
(b) Other.--Section 5104(a)(1) is amended by striking ``or
package'' each place it appears and inserting ``, package, or
packaging (or a component of a container, package, or
packaging)''.
SEC. 118. HOURS OF SERVICE RULEMAKING FOR FARMERS AND RETAIL
FARM SUPPLIERS.
Not later than 3 months after the date of enactment of this
Act the Secretary of Transportation shall initiate a
rulemaking proceeding to determine whether or not the
requirements of section 395.3 of title 49, Code of Federal
Regulations, relating to hours of service, may be waived for
farmers and retail farm suppliers when such farmers and
retail farm suppliers are transporting crops or farm supplies
for agricultural purposes within a 50-mile radius of their
distribution point or farm.
SEC. 119. TRAINING.
(a) Supplemental Public Sector Training Grants.--Section
5116 (relating to planning and training grants, monitoring,
and review) is amended by adding at the end the following new
subsections:
``(j) Supplemental Training Grants.--
``(1) In order to further the purposes of subsection (b),
the Secretary shall, subject to the availability of funds,
make grants to na-
[[Page 1594]]
tional nonprofit employee organizations engaged solely in
fighting fires for the purpose of training instructors to
conduct hazardous materials response training programs for
individuals with statutory responsibility to respond to
hazardous materials accidents and incidents.
``(2) For the purposes of this subsection the Secretary,
after consultation with interested organizations, shall--
``(A) identify regions or locations in which fire
departments or other organizations which provide emergency
response to hazardous materials transportation accidents and
incidents are in need of hazardous materials training; and
``(B) prioritize such needs and develop a means for
identifying additional specific training needs.
``(3) Funds granted to an organization under this
subsection shall only be used--
``(A) to train instructors to conduct hazardous materials
response training programs;
``(B) to purchase training equipment used exclusively to
train instructors to conduct such training programs; and
``(C) to disseminate such information and materials as are
necessary for the conduct of such training programs.
``(4) The Secretary may only make a grant to an
organization under this subsection in a fiscal year if the
organization enters into an agreement with the Secretary to
train instructors to conduct hazardous materials response
training programs in such fiscal year that will use--
``(A) a course or courses developed or identified under
subsection )/(g); or
``(B) other courses which the Secretary determines are
consistent with the objectives of this subsection;
for training individuals with statutory responsibility to
respond to accidents and incidents involving hazardous
materials. Such agreement also shall provide that training
courses shall be open to all such individuals on a
nondiscriminatory basis.
``(5) The Secretary may impose such additional terms and
conditions on grants to be made under this subsection as the
Secretary determines are necessary to protect the interests
of the United States and to carry out the objectives of this
subsection.
``(k) Reports.--Not later than September 30, 1997, the
Secretary shall submit to Congress a report on the allocation
and uses of training grants authorized under subsection (b)
for fiscal year 1993 through fiscal year 1996 and grants
authorized under subsection (j) and section 5107 for fiscal
years 1995 and 1996. Such report shall identify the ultimate
recipients of training grants and include a detailed
accounting of all grant expenditures by grant recipients, the
number of persons trained under the grant programs, and an
evaluation of the efficacy of training programs carried
out.''.
(b) Funding.--Section 5127(b) (relating to appropriations
for hazmat employee training) is amended--
(1) by inserting ``(1)'' after ``Training.--'', and
(2) by adding at the end the following:
``(2)(A) There shall be available to the Secretary for
carrying out section 5116(j), from amounts in the account
established pursuant to section 5116(i), $250,000 for each of
fiscal years 1995, 1996, 1997, and 1998.
``(B) In addition to amounts made available under
subparagraph (A), there is authorized to be appropriated to
the Secretary for carrying out section 5116(j) $1,000,000 for
each of the fiscal years 1995, 1996, 1997, and 1998.''.
(c) Hazmat Employee Training Program.--
(1) The first sentence of section 5107(e) (relating to
hazmat employee training requirements and grants) is amended
to read as follows: ``The Secretary shall, subject to the
availability of funds under section 5127(c)(3), make grants
for training instructors to train hazmat employees under this
section.''.
(2) The second sentence of such section is amended by
inserting ``hazmat employee'' after ``nonprofit''.
(3) Section 5107 (relating to hazmat employee training
requirements and grants) is amended by adding at the end
thereof the following new subsection:
``(g) Existing Effort.--No grant under subsection (e) shall
supplant or replace existing employer-provided hazardous
materials training efforts or obligations.''.
(4) Section 5127(b)(1) (relating to hazmat employee
training funding) is amended to read as follows:
``(b) Training of Hazmat Employee Instructors.--(1) There
is authorized to be appropriated to the Secretary $3,000,000
for each of fiscal years 1995, 1996, 1997, and 1998 to carry
out section 5107(e).''.
(d) Conforming Amendments.--
(1) Section 5108(g)(2)(A)(viii) is amended by striking
``5107(e),''.
(2) Section 5116(i)(1) is amended by striking ``and section
5107(e)''.
(3) Section 5116(i)(3) is amended by striking ``and section
5107(e)''.
SEC. 120. TIME FOR SECRETARIAL ACTION.
(a) Exemptions.--Section 5117 (relating to exemptions and
exclusions) is amended--
(1) by redesignating subsections (c) and (d) as (d) and (e)
respectively, and
(2) by inserting after subsection (b) the following:
``(c) Applications to be Dealt with Promptly.--The
Secretary shall issue or renew the exemption for which an
application was filed or deny such issuance or renewal within
180 days after the first day of the month following the date
of the filing of such application, or the Secretary shall
publish a statement in the Federal Register of the reason why
the Secretary's decision on the exemption is delayed, along
with an estimate of the additional time necessary before the
decision is made.''.
(b) Decisions on Preemption.--Section 5125(d) (relating to
decisions on preemption) is amended by inserting immediately
after the second sentence the following: ``The Secretary
shall issue a decision on an application for a determination
within 180 days after the date of the publication of the
notice of having received such application, or the Secretary
shall publish a statement in the Federal Register of the
reason why the Secretary's decision on the application is
delayed, along with an estimate of the additional time
necessary before the decision is made.''.
SEC. 121. STUDY OF HAZARDOUS MATERIALS TRANSPORTATION BY
MOTOR CARRIERS NEAR FEDERAL PRISONS.
(a) Study.--The Secretary of Transportation shall conduct a
study to determine the safety considerations of transporting
hazardous materials by motor carriers in close proximity to
Federal prisons, particularly those housing maximum security
prisoners. Such study shall include an evaluation of the
ability of such facilities and the designated local planning
agencies to safely evacuate such prisoners in the event of an
emergency and any special training, equipment, or personnel
that would be required by such facility and the designated
local emergency planning agencies to carry out such
evacuation. Such study shall not apply to or address issues
concerning rail transportation of hazardous materials.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Transportation shall
transmit to Congress a report on the results of the study
conducted under this section, along with the Secretary's
recommendations for any legislative or regulatory changes to
enhance the safety regarding the transportation of hazardous
materials by motor carriers near Federal prisons.
SEC. 122. USE OF FIBER DRUM PACKAGING.
(a) Initiation of Rulemaking Proceeding.--Not later than
the 60th day following the date of enactment of this Act, the
Secretary of Transportation shall initiate a rulemaking
proceeding to determine whether the requirements of section
5103(b) of title 49, United States Code (relating to
regulations for safe transportation) as they pertain to open
head fiber drum packaging can be met for the domestic
transportation of liquid hazardous materials (with respect to
those classifications of liquid hazardous materials
transported by such drums pursuant to regulations in effect
on September 30, 1991) with standards other than the
performance-oriented packaging standards adopted under docket
number HM-181 contained in part 178 of title 49, Code of
Federal Regulations.
(b) Issuance of Standards.--If the Secretary of
Transportation determines, as a result of the rulemaking
proceeding initiated under subsection (a), that a packaging
standard other than the performance-oriented packaging
standards referred to in subsection (a) will provide an equal
or greater level of safety for the domestic transportation of
liquid hazardous materials than would be provided if such
performance-oriented packaging standards were in effect, the
Secretary shall issue regulations which implement such other
standard and which take effect before October 1, 1996.
(c) Completion of Rulemaking Proceeding.--The rulemaking
proceeding initiated under subsection (a) shall be completed
before October 1, 1995.
(d) Limitations.--
(1) The provisions of subsections (a), (b), and (c) shall
not apply to packaging for those hazardous materials
regulated by the Department of Transportation as poisonous by
inhalation under chapter 51 of title 49, United States Code.
(2) Nothing in this section shall be construed to prohibit
the Secretary of Transportation from issuing or enforcing
regulations for the international transportation of hazardous
materials.
SEC. 123. BUY AMERICA.
(a) Compliance with Buy American Act.--None of the funds
made available under this title may be expended in violation
of sections 2 through 4 of the Act of March 3, 1933 (41
U.S.C. 10a-10c; popularly known as the ``Buy American Act''),
which are applicable to those funds.
(b) Sense of Congress; Requirement Regarding Notice.--
(1) In the case of any equipment or products that may be
authorized to be purchased with financial assistance provided
under this title, it is the sense of Congress that entities
receiving such assistance should, in expending such
assistance, purchase only American-made equipment and
products.
(2) In providing financial assistance under this title, the
Secretary of Transportation shall provide to each recipient
of the assistance a notice describing the statement made in
paragraph (1) by Congress.
(c) Prohibition of Contracts.--If it has been finally
determined by a court or Federal agency that any person
intentionally affixed a label bearing a ``Made in America''
inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not
made in the United States, such person shall be ineligible to
receive any contract or subcontract made with funds provided
pursuant to this title, pursuant to the debarment,
suspension, and
[[Page 1595]]
ineligibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
(d) Reciprocity.--
(1) Except as provided in paragraph (2), no contract or
subcontract may be made with funds authorized under this
title to a company organized under the laws of a foreign
country unless the Secretary of Transportation finds that
such country affords comparable opportunities to companies
organized under laws of the United States.
(2)(A) Secretary of Transportation may waive the provisions
of paragraph (1) if the products or services required are not
reasonably available from companies organized under the laws
of the United States. Any such waiver shall be reported to
Congress.
(B) Paragraph (1) shall not apply to the extent that to do
so would violate the General Agreement on Tariffs and Trade
or any other international agreement to which the United
States is a party.
TITLE II--TRUCKING INDUSTRY REGULATORY REFORM
SEC. 201. SHORT TITLE.
This title may by cited as the ``Trucking Industry
Regulatory Reform Act of 1994''.
SEC. 202. AMENDMENT OF TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of title 49, United States Code.
SEC. 203. PURPOSE.
The purpose of this title is to enhance competition,
safety, and efficiency in the motor carrier industry and to
enhance efficiency in government.
SEC. 204. TRANSPORTATION POLICY.
Section 10101(a)(2) (relating to transportation policy) is
amended--
(1) by redesignating subparagraphs (A) through (I) as
subparagraphs (C) through (K), respectively, and
(2) by inserting before subparagraph (C) (as so
redesignated) the following: ``(A) encourage fair
competition, and reasonable rates for transportation by motor
carriers of property; (B) promote Federal regulatory
efficiency in the motor carrier transportation system and to
require fair and expeditious regulatory decisions when
regulation is required;''.
SEC. 205. EXEMPTIONS.
(a) In General.--Section 10505 (relating to authority to
exempt rail carrier transportation) is amended--
(1) by inserting ``, or a motor carrier providing
transportation of property other than household goods, or in
non-contiguous domestic trade,'' after ``rail carrier
providing transportation'' in subsection (a),
(2) by inserting ``section 10101 or'' before ``section
10101a'' in subsection (a)(1) and subsection (d),
(3) by inserting ``, or a motor carrier providing
transportation of property other than household goods, or in
non-contiguous domestic trade,'' after ``rail carrier'' in
subsection (f), and
(4) by striking out ``or'' in subsection (g), and inserting
after ``subtitle'' the following: ``, (3) to relieve a motor
carrier of property or other person from the application or
enforcement of the provisions of sections 10706, 10761,
10762, 10927, and 11707 of this title, or (4) to exempt a
motor carrier of property from the application of, and
compliance with, any law, rule, regulation, standard, or
order pertaining to cargo loss and damage; insurance;
antitrust immunity for joint line rates and routes,
classification of commodities (including uniform packaging
rules), uniform bills of lading, or standardized mileage
guides; or safety fitness.''.
(b) Definition.--Section 10102 (relating to definitions) is
amended by redesignating paragraphs (18) through (31) as (19)
through (32), respectively, and by inserting after paragraph
(17) the following:
``(18) `non-contiguous domestic trade' means motor-water
transportation subject to the jurisdiction of the Commission
under chapter 105 of this title involving traffic originating
in or destined to Alaska, Hawaii, or a territory or
possession of the United States.''.
(c) Clerical Amendments.--
(1) The caption of section 10505 is amended by inserting
``and motor carrier'' after ``rail carrier''.
(2) The chapter analysis for chapter 105 is amended by
inserting ``and motor carrier'' after ``rail carrier'' in the
item relating to section 10505.
SEC. 206. TARIFF FILING.
(a) Authority to Establish Rates.--Section 10702(b)
(relating to authority for carriers to establish rates,
classifications, rules, and practices) is amended by
inserting ``, except a motor contract carrier of property,''
after ``A contract carrier''.
(b) Prohibition of Transportation Without Tariff.--Section
10761(a) (relating to transportation prohibited without
tariff) is amended--
(1) by inserting ``(excluding a motor common carrier
providing transportation of property, other than household
goods, under an individually determined rate, classification,
rule, or practice, as defined in section 10102(13) or in
noncontiguous domestic trade)'' after ``chapter 105 of this
title'', and
(2) by striking out ``That carrier'' in the second sentence
and inserting ``A carrier subject to this subsection'',
(3) by inserting before the period at the end of the first
sentence the following: ``, except that a motor carrier of
property the application of whose rates is determined or
governed by a tariff on file with the Commission cannot
collect its rates unless the carrier is a participant in
those tariffs'', and
(4) by inserting before the period at the end of the second
sentence the following: ``, except that a motor carrier of
property the application of whose rates are determined or
governed by a tariff on file with the Commission shall issue
a power of attorney to the tariff publishing agent of such
tariff and, upon its acceptance, the agent shall issue a
notice to the participating carrier certifying its continuing
participation in such tariff, which certification shall be
kept open for public inspection''.
(c) General Tariff Requirement.--Section 10762(a) (relating
to general tariff requirement) is amended--
(1) by inserting ``(excluding a motor common carrier
providing transportation of property, other than household
goods, under an individually determined rate, classification,
rule, or practice, as defined in section 10102(13), or in
noncontiguous domestic trade)'' after ``A motor common
carrier'' in the second sentence of paragraph (1),
(2) by inserting ``(excluding a motor common carrier
providing transportation of property, other than household
goods, under an individually determined rate, classification,
rule, or practice, as defined in section 10102(13), or in
noncontiguous domestic trade)'' after ``carriers'' in the
third sentence of paragraph (1),
(3) by striking the last sentence of paragraph (1) and
inserting the following: ``A motor contract carrier of
property is not required to publish or file actual or minimum
rates under this subtitle. Except as provided in the
Negotiated Rates Act of 1993 and the amendments made by that
Act, nothing in the Trucking Industry Regulatory Reform Act
of 1994 (and the amendments made by that Act) creates any
obligation for a shipper based solely on a rate that was on
file with the Commission or elsewhere on the date of
enactment of such Act.'', and
(4) by adding at the end the following:
``(3) A motor common carrier of property (other than a
motor common carrier providing transportation of household
goods or in noncontiguous domestic trade) shall provide to
the shipper, on request of the shipper, a written or
electronic copy of the rate, classification, rules, and
practices, upon which any rate agreed to between the shipper
and carrier may have been based. When the applicability or
reasonableness of the rates and related provisions billed by
a motor common carrier is challenged by the person paying the
freight charges, the Commission shall determine whether such
rates and provisions are reasonable or applicable based on
the record before it. In those cases where a motor common
carrier (other than a motor common carrier providing
transportation of household goods or in noncontiguous
domestic trade) seeks to collect charges in addition to those
billed and collected which are contested by the payor, the
carrier may request that the Commission determine whether any
additional charges over those billed and collected must be
paid. A carrier must issue any bill for charges in addition
to those originally billed within 180 days of the original
bill in order to have the right to collect such charges.
``(4) If a shipper seeks to contest the charges originally
billed, the shipper may request that the Commission determine
whether the charges originally billed must be paid. A shipper
must contest the original bill within 180 days in order to
have the right to contest such charges.
``(5) Any tariff on file with the Commission on the date of
enactment of the Trucking Industry Regulatory Reform Act of
1994 not required to be filed with the Commission after the
enactment of that Act is null and void beginning on that
date.''.
(d) Proposed Rate Changes.--
(1) Common carriers.--Section 10762(c)(1) (relating to
proposed rate changes) is amended by inserting ``(excluding a
motor common carrier providing transportation of property
other than household goods, under an individually determined
rate, classification, rule, or practice defined in section
10102(13), or in a noncontiguous domestic trade)'' after
``common carrier''.
(2) Contract carriers.--Section 10762(c)(2) (relating to
proposed rate changes) is amended by inserting ``(except a
motor contract carrier of property)'' after ``contract
carrier''.
(e) Effect on Negotiated Rates Act.--Section 10762
(relating to general tariff requirements) is amended by
adding at the end thereof the following new subsection:
``(j) Nothing in this section shall affect the application
of the provisions of the Negotiated Rates Act of 1993 (or the
amendments made by that Act) to undercharge claims for
transportation provided prior to the date of enactment of the
Trucking Industry Regulatory Reform Act of 1994.''.
(f) Definition.--Section 10102 (relating to definitions) is
amended--
(1) by redesignating paragraphs (13) through (31) as (14)
through (32), and
(2) by inserting after paragraph (12) the following:
``(13) `individually determined rate, classification, rule,
or practice' means a rate, classification, rule, or practice
established by--
``(A) a single motor common carrier for application to
transportation that it can provide over its line; or
``(B) 2 or more interlining carriers without participation
in an organization established
[[Page 1596]]
or continued under an agreement approved under section
10706(b) for application to transportation that the
interlining carriers can provide jointly over their lines.''.
SEC. 207. MOTOR COMMON CARRIER LICENSING.
(a) In General.--Section 10922 (relating to certification
of motor and water carriers) is amended--
(1) by redesignating subsections (b) through (l) as (c)
through (m), respectively, and by inserting after subsection
(a) the following new subsection:
``(b)(1) Except as provided in this section, the Commission
shall issue a certificate to a person authorizing that person
to provide transportation subject to the jurisdiction of the
Commission under subchapter II of chapter 105 of this title
as a motor common carrier of property if the Commission finds
that the person is able to comply with--
``(A) this subtitle, the regulations of the Commission, and
any safety requirements imposed by the Commission,
``(B) the safety fitness requirements established by the
Secretary of Transportation in consultation with the
Commission under section 31144 of this title, and
``(C) the minimum financial responsibility requirements
established by the Commission pursuant to section 10927 of
this title.
``(2) In making a finding under paragraph (1), the
Commission shall consider and, to the extent applicable, make
findings on, any evidence demonstrating that the applicant is
unable to comply with the requirements of subparagraph (A),
(B), or (C) of that paragraph.
``(3) The Commission shall find any applicant for authority
to operate as a motor carrier under this section to be unfit
if the applicant does not meet the safety and safety fitness
requirements under paragraph (1)(A) or (1)(B) of this
subsection and shall deny the application.
``(4) A person may protest an application under this
subsection to provide transportation only on the ground that
the applicant fails or will fail to comply with this
subtitle, the regulations of the Commission, the safety
requirements of the Commission, or the safety fitness or
minimum financial responsibility requirements of paragraph
(1) of this subsection.''.
(b) Public Convenience and Necessity.--Section 10922(c)
(relating to public convenience and necessity) as
redesignated by subsection (a), is amended--
(1) by striking ``carrier of property'' in paragraph (1)
and inserting ``carrier of household goods'',
(2) by striking paragraphs (4) and (6) and redesignating
paragraphs (5), (7), (8), and (9) as (4), (5), (6), and (7),
respectively,
(3) by striking ``carrier holding authority under paragraph
(4)(D) of this subsection'' in paragraph (4) (as
redesignated) and inserting ``motor carrier providing
transportation of shipments weighing 100 pounds or less
transported in a motor vehicle in which no one package
exceeds 100 pounds'',
(4) by striking ``of property'' in paragraph (5) (as
redesignated) and inserting ``of household goods'',
(5) by striking ``of property'' in paragraph (6) (as
redesignated) and inserting ``of household goods'', and
(6) by striking ``Notwithstanding the provisions of
paragraph (4) of this subsection, the provisions'' in
paragraph (7) (as redesignated) and inserting ``The
provisions''.
(c) Certificate Specifications.--Section 10922(f)(1)
(relating to specifications for certificate), as redesignated
by subsection (a) of this section, is amended by inserting
``of household goods or passengers'' after ``motor common
carrier''.
(d) Public Convenience and Necessity.--Section 10922(h)(1)
(relating to public convenience and necessity), as
redesignated by subsection (a) of this section, is amended by
inserting ``of household goods or passengers'' after ``motor
common carrier''.
SEC. 208. MOTOR CONTRACT CARRIER LICENSING.
(a) Authority to Issue Permits.--Section 10923(a) (relating
to authority to issue permits) is amended by inserting ``of
household goods or passengers'' after ``motor contract
carrier''.
(b) Motor Contract Carrier Permits.--Section 10923
(relating to permits of motor and water contract carriers and
household goods freight forwarders) is amended by
redesignating subsections (b) through (e) as (c) through (f),
respectively, and by inserting after subsection (a) the
following new subsection:
``(b)(1) Except as provided in this section and section
10930 of this title, the Commission shall issue a permit to a
person authorizing the person to provide transportation
subject to the jurisdiction of the Commission under
subchapter II of chapter 105 of this title as a motor
contract carrier of property other than household goods if
the Commission finds that the person is able to comply with--
``(A) this subtitle, the regulations of the Commission, and
any safety requirements imposed by the Commission,
``(B) the safety fitness requirements established by the
Secretary of Transportation in consultation with the
Commission pursuant to section 31144 of this title, and
``(C) the minimum financial responsibility requirements
established by the Commission pursuant to section 10927 of
this title.
``(2) In deciding whether to approve the application of a
person for a permit as a motor contract carrier of property
other than household goods the Commission shall consider any
evidence demonstrating that the applicant is unable to comply
with this subtitle, the regulations of the Commission, safety
requirements of the Commission, or the safety fitness and
minimum financial responsibility requirements of subsection
(b)(1).
``(3) The Commission shall find any applicant for authority
to operate as a motor carrier of property other than
household goods under this subsection to be unfit if the
applicant does not meet the safety and safety fitness
requirements of paragraph (1)(A) or (1)(B) of this subsection
and shall deny the application.
``(4) A person may protest an application under this
subsection to provide transportation only on the ground that
the applicant fails or will fail to comply with this
subtitle, the regulations of the Commission, safety
requirements of the Commission, or the safety fitness or
minimum financial responsibility requirements of paragraph
(1).''.
(c) Application Filing Requirements.--Section 10923(c)
(relating to application filing requirements), as
redesignated by subsection (b) of this section, is amended--
(1) by striking ``motor contract carrier of property'' in
paragraphs (3) and (4) and inserting ``motor contract carrier
of household goods'',
(2) by striking paragraph (5) and redesignating paragraphs
(6) and (7) as (5) and (6), respectively, and
(3) by striking ``motor contract carriers of property'' in
paragraph (5) (as redesignated) and inserting ``motor
contract carriers of household goods''.
(d) Conditions of Transportation or Service.--Section
10923(e) (relating to conditions of transportation or
service), as redesignated by subsection (b) of this section,
is amended--
(1) by inserting ``of passengers or household goods'' after
``contract carrier'' in paragraph (1), and
(2) by striking ``each person or class of persons (and, in
the case of a motor contract carrier of passengers, the
number of persons)'' in paragraph (2) and inserting ``in the
case of a motor contract carrier of passengers, the number of
persons,''.
SEC. 209. REVOCATION OF MOTOR CARRIER AUTHORITY.
Section 10925(d)(1) (relating to effective period of
certificates, permits, and licenses) is amended--
(1) by striking ``if a motor carrier or broker'' in
subparagraph (A) and inserting ``if a motor carrier of
passengers, motor common carrier of household goods, or
broker'',
(2) by striking ``and'' at the end of subparagraph (A),
(3) by redesignating subparagraph (B) as (D) and inserting
after subparagraph (A) the following new subparagraphs:
``(B) if a motor contract carrier of property, for failure
to comply with safety requirements of the Commission or the
safety fitness requirements pursuant to section 10701,
10924(e), 10927 (b) or (d), or 31144, of this title;
``(C) if a motor common carrier of property other than
household goods, for failure to comply with safety
requirements of the Commission or the safety fitness
requirements pursuant to section 10701, 10702, 10924(e),
10927 (b) or (d), or 31144 of this title; and''.
SEC. 210. STUDY OF INTERSTATE COMMERCE COMMISSION FUNCTIONS.
(a) Interstate Commerce Commission Report.--The Interstate
Commerce Commission shall prepare and submit to the Secretary
of Transportation and to each committee of the Congress
having jurisdiction over legislation affecting the Commission
a report identifying and analyzing all regulatory
responsibilities of the Commission. The Commission shall make
recommendations concerning specific statutory and regulatory
functions of the Commission that could be eliminated or
restructured. The Commission shall submit the report within
60 days after the date of enactment of this Act.
(b) Secretary of Transportation Study.--The Secretary of
Transportation shall study the feasibility and efficiency of
merging the Interstate Commerce Commission into the
Department of Transportation as an independent agency,
combining it with other Federal agencies, retaining the
Interstate Commerce Commission in its present form,
eliminating the agency and transferring all or some of its
functions to the Department of Transportation or other
Federal agencies, and other organizational changes that lead
to government, transportation, or public interest
efficiencies. The study shall consider the cost savings that
might be achieved, the efficient allocation of resources, the
elimination of unnecessary functions, and responsibility for
regulatory functions. The Secretary shall solicit comments
from the public with respect to both the Department's and the
Commission's findings. The Secretary shall submit the results
of such study together with any recommendations to the
Congress within 4 months after the date of the submission of
the Interstate Commerce Commission report required in
subsection (a).
SEC. 211. LIMITATION ON STATE REGULATION OF INTRASTATE
TRANSPORTATION OF PASSENGERS BY BUS.
(a) In General.--Chapter 109 (relating to licensing) is
amended by adding at the end thereof the following new
section:
``Sec. 10936. Limitation on State regulation of intrastate
passengers by bus
``A State or political subdivision of a State may not
enforce any law or regulation relating to intrastate fares
for the transportation
[[Page 1597]]
of passengers by bus by an interstate motor carrier of
passengers over a route authorized by the Commission.''.
(b) Conforming Amendments.--
(1) Section 10521(b)(1) is amended by inserting ``10936,''
after ``10935,''
(2) Section 11501(e) is amended--
(A) by striking all but paragraph (5),
(B) by redesignating paragraph (5) as subsection (e), and
(C) by striking ``paragraph'' and inserting ``subsection''.
(3) The table of sections for subchapter IV of chapter 109
is amended by adding at the end the following new item:
``10936. Limitation on State regulation of intrastate passengers by
bus.''.
SEC. 212. EFFECTIVE DATE.
This title and the amendments made by this title shall take
effect upon the enactment of this Act, except for sections
207 and 208, which shall take effect on January 1, 1995.
The SPEAKER pro tempore, Mr. TRAFICANT, recognized Mr. MINETA and Mr.
PETRI, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said amendment?
The SPEAKER pro tempore, Mr. TRAFICANT, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said amendment was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said amendment was agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
Para. 97.17 u.s. mint in san francisco
Mr. TRAFICANT moved to suspend the rules and agree to the following
amendment of the Senate to the bill (H.R. 4812) to direct the
Administrator of General Services to acquire by transfer the Old U.S.
Mint in San Francisco, California, and for other purposes:
Page 2, after line 8, insert:
SEC. 2. REPAIRS OF OLD U.S. MINT, SAN FRANCISCO.
Nothing in this Act shall be construed to force the General
Services Administration to repair the Old U.S. Mint building
prior to repairs to other Federal buildings in greater need
of repair.
The SPEAKER pro tempore, Mr. BROWN of California, recognized Mr.
TRAFICANT and Mr. PETRI, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said amendment?
The SPEAKER pro tempore, Mr. BROWN of California, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said amendment was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said amendment was agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
Para. 97.18 technical corrections to native american laws
Mr. RICHARDSON moved to suspend the rules and pass the bill (H.R.
4709) to make certain technical corrections, and for other purposes; as
amended.
The SPEAKER pro tempore, Mr. BROWN of California, recognized Mr.
RICHARDSON and Mr. ALLARD, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. TRAFICANT, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 97.19 tribal self-governance
Mr. RICHARDSON moved to suspend the rules and pass the bill (H.R.
3508) to provide for tribal self-governance, and for other purposes; as
amended.
The SPEAKER pro tempore, Mr. TRAFICANT, recognized Mr. RICHARDSON and
Mr. ALLARD, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. TRAFICANT, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 97.20 recess--2:19 p.m.
The SPEAKER pro tempore, Mr. TRAFICANT, pursuant to clause 12 of rule
I, declared the House in recess at 2 o'clock and 19 minutes p.m., until
5 p.m.
Para. 97.21 after recess--5:03 p.m.
The SPEAKER pro tempore, Mr. COLEMAN, called the House to order.
Para. 97.22 waiving points of order against conference report on S. 2182
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-705) the resolution (H. Res. 521) waiving points of order
against the conference report to accompany (S. 2182) to authorize
appropriations for fiscal year 1995 for military activities of the
Department of Defense, for military construction, and for defense
programs of the Department of Energy, to prescribe personnel strengths
for such fiscal year for the Armed Forces, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 97.23 treasury-postal service appropriations
On motion of Mr. HOYER, by unanimous consent, the bill (H.R. 4539)
making appropriations for the Treasury Department, the United States
Postal Service, the Executive Office of the President, and certain
Independent Agencies, for fiscal year ending September 30, 1995, and for
other purposes; together with the amendments of the Senate thereto, was
taken from the Speaker's table.
When on motion of Mr. HOYER, it was,
Resolved, That the House disagree to the amendments of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Ordered, That the Clerk notify the Senate thereof.
Para. 97.24 motion to instruct conferees--h.r. 4539
Mr. LIGHTFOOT submitted the privileged motion to instruct the managers
on the part of the House at the conference with the Senate on the
disagreeing votes of the two Houses on the bill (H.R. 4539) making
appropriations for the Treasury Department, the United States Postal
Service, the Executive Office of the President, and certain Independent
Agencies, for fiscal year ending September 30, 1995, and for other
purposes, to insist on disagreement to provisions contained in any
Senate amendment regarding the imposition of new or increased user fees,
collections or taxes which may be established by the Secretary of the
Treasury and which are authorized by law, to insist on disagreement to
the amendment to the last proviso set forth in Senate amendment numbered
16, to insist on disagreement to the Senate amendment numbered 26, and
to insist on disagreement to the Senate amendment numbered 29.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. COLEMAN, announced that the yeas had it.
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to
[[Page 1598]]
was, by unanimous consent, laid on the table.
Para. 97.25 appointment of conferees--h.r. 4539
Thereupon, the SPEAKER pro tempore, Mr. COLEMAN, by unanimous consent,
announced the appointment of the following Members as managers on the
part of the House at said conference: Messrs. Hoyer, Visclosky, Darden,
Olver, Bevill, Sabo, Obey, Lightfoot, Wolf, Istook, and McDade.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 97.26 permission to file conference report
On motion of Mr. HOYER, by unanimous consent, the managers on the part
of the House were granted permission until midnight tonight to file a
conference report (Rept. No. 103-708) on the bill (H.R. 4603) making
appropriations for the Departments of Commerce, Justice, and State, the
Judiciary, and related agencies programs for the fiscal year ending
September 30, 1995, and for other purposes; together with a statement
thereon, for printing in the Record under the rule.
Para. 97.27 h.r. 2947--unfinished business
The SPEAKER pro tempore, Mr. COLEMAN, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and agree to the amendments of the Senate to the bill (H.R. 2947) to
extend for an additional two years the authorization of the Black
Revolutionary War Patriots Foundation to establish a memorial.
The question being put,
Will the House suspend the rules and agree to said amendments?
The vote was taken by electronic device.
It was decided in the
Yeas
378
<3-line {>
affirmative
Nays
0
Para. 97.28 [Roll No. 397]
YEAS--378
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bishop
Bliley
Blute
Boehlert
Bonilla
Bonior
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clinger
Clyburn
Coble
Coleman
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Coppersmith
Costello
Cox
Coyne
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodling
Goss
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Holden
Horn
Houghton
Hoyer
Hughes
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCrery
McDermott
McHale
McHugh
McInnis
McKinney
McNulty
Meek
Meyers
Mfume
Mica
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Moorhead
Morella
Murphy
Murtha
Myers
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Richardson
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Swett
Synar
Talent
Tanner
Tauzin
Taylor (NC)
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Volkmer
Vucanovich
Walker
Walsh
Watt
Waxman
Weldon
Wheat
Williams
Wilson
Wolf
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--56
Baker (CA)
Becerra
Bilirakis
Blackwell
Boehner
Borski
Brown (FL)
Clement
Collins (GA)
Cooper
Cramer
Crane
Dreier
Edwards (CA)
Flake
Foglietta
Gallo
Gejdenson
Gonzalez
Goodlatte
Gordon
Grams
Harman
Hoke
Huffington
Hunter
Lantos
Machtley
McCollum
McCurdy
McDade
McKeon
McMillan
Meehan
Menendez
Michel
Montgomery
Moran
Nadler
Reynolds
Ridge
Rush
Santorum
Schaefer
Slattery
Smith (TX)
Sundquist
Swift
Taylor (MS)
Thomas (WY)
Visclosky
Washington
Waters
Whitten
Wise
Woolsey
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and the amendments of the Senate were agreed
to.
A motion to reconsider the vote whereby the rules were suspended and
said amendments of the Senate were agreed to was, by unanimous consent,
laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 97.29 h.r. 4867--unfinished business
The SPEAKER pro tempore, Mr. COLEMAN, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 4867) to authorize appropriations for
high-speed rail transportation, and for other purposes; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
281
<3-line {>
affirmative
Nays
103
Para. 97.30 [Roll No. 398]
YEAS--281
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Bachus (AL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Beilenson
Bentley
Berman
Bevill
Bilbray
Bishop
Blute
Boehlert
Bonior
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (OH)
Byrne
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Coppersmith
Costello
Coyne
Crapo
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Dunn
Durbin
Ehlers
Emerson
Engel
English
Eshoo
Evans
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Furse
Gallegly
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Glickman
Gonzalez
Green
Greenwood
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastert
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Holden
Horn
Houghton
Hoyer
Hughes
Hutto
Hyde
Inslee
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kim
[[Page 1599]]
King
Kleczka
Klein
Klink
Klug
Knollenberg
Kopetski
Kreidler
LaFalce
Lambert
LaRocco
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (GA)
Lipinski
Lloyd
Lowey
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McDermott
McHale
McHugh
McKinney
McNulty
Meek
Mfume
Mica
Miller (CA)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Moorhead
Moran
Morella
Murphy
Murtha
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Pickett
Pickle
Pombo
Pomeroy
Poshard
Price (NC)
Quinn
Rahall
Ramstad
Rangel
Ravenel
Richardson
Roemer
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Sabo
Sanders
Sangmeister
Sawyer
Saxton
Schenk
Schiff
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Snowe
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Volkmer
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Williams
Woolsey
Wyden
Wynn
Yates
Zeliff
Zimmer
NAYS--103
Allard
Archer
Armey
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bereuter
Bliley
Bonilla
Bryant
Bunning
Burton
Buyer
Callahan
Chapman
Clinger
Coble
Combest
Cox
Cunningham
DeLay
Dickey
Doolittle
Dornan
Duncan
Edwards (TX)
Everett
Ewing
Fields (TX)
Frost
Gekas
Geren
Gingrich
Goodling
Goss
Grandy
Gunderson
Hall (TX)
Hancock
Hansen
Hefley
Herger
Hutchinson
Inglis
Inhofe
Istook
Jacobs
Johnson, Sam
Kasich
Kingston
Kolbe
Kyl
Lancaster
Laughlin
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Long
Lucas
McCrery
McInnis
Meyers
Miller (FL)
Myers
Nussle
Paxon
Peterson (MN)
Petri
Porter
Portman
Pryce (OH)
Quillen
Reed
Regula
Roberts
Rogers
Rohrabacher
Roth
Royce
Sarpalius
Schroeder
Sensenbrenner
Shuster
Skeen
Smith (OR)
Solomon
Spence
Stearns
Stenholm
Stump
Talent
Taylor (NC)
Vucanovich
Walker
Wilson
Wolf
Young (AK)
Young (FL)
NOT VOTING--50
Baker (CA)
Becerra
Bilirakis
Blackwell
Boehner
Borski
Brown (FL)
Clement
Collins (GA)
Cooper
Cramer
Crane
Dreier
Edwards (CA)
Flake
Foglietta
Gallo
Gejdenson
Goodlatte
Gordon
Grams
Hoke
Huffington
Hunter
Lantos
Machtley
McCollum
McCurdy
McDade
McKeon
McMillan
Meehan
Menendez
Michel
Montgomery
Nadler
Reynolds
Ridge
Rush
Santorum
Schaefer
Slattery
Smith (TX)
Sundquist
Swift
Thomas (WY)
Visclosky
Washington
Whitten
Wise
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill
Para. 97.31 unfinished business--approval of the journal
The SPEAKER pro tempore, Mr. COLEMAN, pursuant to clause 5, rule I,
announced the further unfinished business to be the question on agreeing
to the Chair's approval of the Journal of Friday, August 12, 1994.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. COLEMAN, announced that the yeas had it.
Mr. RICHARDSON demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
237
<3-line {>
affirmative
Nays
147
Para. 97.32 [Roll No. 399]
YEAS--237
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Beilenson
Berman
Bevill
Bilbray
Bishop
Bonior
Boucher
Brewster
Brooks
Browder
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Chapman
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Coppersmith
Costello
Coyne
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Dornan
Durbin
Edwards (TX)
Engel
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gephardt
Geren
Gibbons
Gillmor
Gilman
Glickman
Gonzalez
Green
Greenwood
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Houghton
Hoyer
Hughes
Hutto
Hyde
Inglis
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kingston
Kleczka
Klein
Klink
Kopetski
LaFalce
Lambert
Lancaster
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
McNulty
Meek
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Moran
Murtha
Myers
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Volkmer
Waters
Watt
Waxman
Wheat
Williams
Wilson
Woolsey
Wyden
Wynn
Yates
NAYS--147
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bentley
Bereuter
Bliley
Blute
Boehlert
Bonilla
Brown (CA)
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clay
Clinger
Coble
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Duncan
Dunn
Ehlers
Emerson
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gingrich
Goodling
Goss
Grandy
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Horn
Hutchinson
Inhofe
Istook
Jacobs
Johnson, Sam
Kim
King
Klug
Knollenberg
Kolbe
Kreidler
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCandless
McCrery
McHugh
McInnis
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Morella
Murphy
Nussle
Oxley
Packard
Paxon
Petri
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Saxton
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Snowe
Solomon
Spence
Stearns
Stump
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--50
Becerra
Bilirakis
Blackwell
Boehner
Borski
Brown (FL)
Carr
Clement
Collins (GA)
Cooper
Cramer
Dreier
Edwards (CA)
Flake
Foglietta
Gallo
Gejdenson
Goodlatte
Gordon
Grams
Hoke
Huffington
Hunter
Johnson (CT)
Lantos
Machtley
McCollum
McCurdy
McDade
McKeon
McMillan
Meehan
Menendez
[[Page 1600]]
Michel
Montgomery
Nadler
Reynolds
Ridge
Rush
Santorum
Schaefer
Slattery
Smith (TX)
Sundquist
Swift
Thomas (WY)
Visclosky
Washington
Whitten
Wise
So the Journal was approved.
Para. 97.33 waiving requirement of clause 4(b), rule XI to consider a
resolution
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-707) the resolution (H. Res. 522) waiving a requirement of
clause 4(b) of rule XI with respect to consideration of a certain
resolution reported form the Committee on Rules.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 97.34 senate bill and joint resolutions referred
A bill and joint resolutions of the Senate of the following titles
were taken from the Speaker's table and, under the rule, referred as
follows:
S. 784. An Act to amend the Federal Food, Drug, and
Cosmetic Act to establish standards with respect to dietary
supplements, and for other purposes; to the Committee on
Energy and Commerce;
S.J. Res. 185. Joint resolution to designate October 1994
as ``National Breast Cancer Awareness Month''; to the
Committee on Post Office and Civil Service; and
S.J. Res. 192. Joint resolution to designate October 1994
as ``Crime Prevention Month''; to the Committee on Post
Office and Civil Service.
Para. 97.35 senate enrolled bill and joint resolutions signed
The SPEAKER announced his signature to an enrolled bill and joint
resolutions of the Senate of the following titles:
S. 2099. An Act to establish the Northern Great Plains
Rural Development Commission, and for other purposes;
S.J. Res. 153. Joint resolution to designate the week
beginning on November 20, 1994 and ending on November 26,
1994, as ``National Family Caregivers Week''; and
S.J. Res. 196. Joint resolution designating September 16,
1994, as ``National POW/MIA Recognition Day'' and authorizing
display of the National League of Families POW/MIA flag.
Para. 97.36 bills and joint resolutions presented to the president
Mr. ROSE, from the Committee on House Administration, reported that
that committee did on the following date present to the President, for
his approval, bills and joint resolutions of the House of the following
titles:
On August 15, 1994:
H.J. Res. 131. Joint resolution designating December 7 of
each year as ``National Pearl Harbor Remembrance Day''.
H.J. Res. 175. Joint resolution designating October 1994 as
``Italian-American Heritage and Culture Month''.
H.R. 1426. An Act to provide for the maintenance of dams
located on Indian lands by the Bureau of Indian Affairs or
through contracts with Indian tribes.
H.R. 1933. An Act to authorize appropriations for the
Martin Luther King, Jr. Federal Holiday Commission, to extend
such Commission, and to support the planning and performance
of national service opportunities in conjunction with the
Federal legal holiday honoring the birthday of Martin Luther
King, Jr.
H.R. 4453. An Act making appropriations for military
construction for the Department of Defense for the fiscal
year ending September 30, 1995, and for other purposes.
H.R. 4277. An Act to establish the Social Security
Administration as an independent agency and to make other
improvements in the old-age, survivors, and disability
insurance program.
H.R. 4426. An Act making appropriations for foreign
operations, export financing, and related programs for the
fiscal year ending September 30, 1995, and making
supplemental appropriations for such programs for the fiscal
year ending September 30, 1994, and for other purposes.
H.R. 2243. An Act to amend the Federal Trade Commission Act
to extend the authorization of appropriations in such Act,
and for other purposes.
H.R. 4506. An Act making appropriations for energy and
water development for the fiscal year ending September 30,
1995, and for other purposes.
Para. 97.37 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. BILIRAKIS, for today;
To Mr. BECERRA, for today; and
To Mr. McKEON, for today.
And then,
Para. 97.38 adjournment
On motion of Mr. BURTON, at 7 o'clock and 25 minutes p.m., the House
adjourned.
Para. 97.39 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. BROOKS: Committee on the Judiciary. H.R. 934. A bill to
amend title 28, United States Code, relating to
jurisdictional immunities of foreign states, to grant
jurisdiction to the courts of the United States in certain
cases involving torture or extrajudicial killing occurring in
that state; with amendments (Rept. No. 103-702). Referred to
the Committee of the Whole House on the State of the Union.
Mr. BROOKS: Committee on the Judiciary. H.R. 1103. A bill
to amend title 17, United States Code, with respect to
secondary transmissions of superstations and network stations
for private home viewing, and with respect to cable system;
with amendments (Rept. No. 103-703). Referred to the
Committee of the Whole House on the State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 4709. A bill to make certain technical corrections, and
for other purposes; with an amendment (Rept. No. 103-704).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. FROST: Committee on Rules. House Resolution 521.
Resolution waiving points of order against the conference
report to accompany the bill (S. 2182) to authorize
appropriations for fiscal year 1995 for military activities
of the Department of Defense, for military construction, and
for defense programs of the Department of Energy, to
prescribe personnel strengths for such fiscal year for the
Armed Forces, and for other purposes (Rept. No. 103-705).
Referred to the House Calendar.
Mr. STUDDS: Committee on Merchant Marine and Fisheries.
H.R. 4422. A bill to authorize appropriations for fiscal year
1995 for the Coast Guard, and for other purposes, with an
amendment (Rept. No. 103-706). Referred to the Committee of
the Whole House on the State of the Union.
Mr. DERRICK: Committee on Rules. House Resolution 522.
Resolution waiving a requirement of clause 4(b) of rule XI
with respect to consideration of a certain resolution
reported from the Committee on Rules (Rept. No. 103-707).
Referred to the House Calendar.
Mr. MOLLOHAN: Committee on Conference. Conference report on
H.R. 4603. A bill making appropriations for the Departments
of Commerce, Justice, and State, the Judiciary, and related
agencies programs for the fiscal year ending September 30,
1995, and making supplemental appropriations for these
departments and agencies for the fiscal year ending September
30, 1994, and for other purposes (Rept. No. 103-708). Ordered
to be printed.
Para. 97.40 subsequent action on a reported bill sequentially referred
Under clause 5 of rule X the following action was taken by the
Speaker:
Referral of H.R. 2680 to the Committee on Government
Operations extended for a period ending not later than August
17, 1994.
Committee on Merchant Marine & Fisheries discharged H.R.
2866, referred to the Committee of the Whole House on the
State of the Union and ordered printed.
Para. 97.41 reported bills sequentially referred
Under clause 5 of rule X, bills and reports were delivered to the
Clerk for printing, and bills referred as follows:
Mr. de la GARZA. Committee on Agriculture. H.R. 2866. A
bill to provide for the sound management and protection of
Redwood forest areas in Humboldt County, CA, by adding
certain lands and waters and the Six Rivers National Forest
and by including a portion of such lands in the national
wilderness preservation system, with an amendment; referred
to the Committee on Merchant Marine and Fisheries for a
period ending not later than August 16, 1994, for
consideration of such provisions contained in the bill and
amendment as fall within the jurisdiction of that committee
pursuant to clause 1(m), rule X (Rept. No. 103-667, Pt. 2).
Para. 97.42 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. COX (for himself and Mr. Calvert):
H.R. 4966. A bill to authorize the Secretary of Agriculture
to enter into a land exchange involving the Cleveland
National Forest, California, and to require a boundary
adjustment for the national forest to reflect the land
exchange, and for other purposes; to the Committee on Natural
Resources.
By Ms. COLLINS of Michigan:
H.R. 4967. A bill to designate the Federal building and
U.S. courthouse in Detroit, MI, as the ``Theodore Levin
Federal Building and United States Courthouse''; to the
Committee on Public Works and Transportation.
By Mr. MOLLOHAN:
H.R. 4968. A bill to authorize extensions of time
limitations in a FERC-issued license; to the Committee on
Energy and Commerce.
By Mr. SCHUMER (for himself, Ms. Velazquez, Mr.
Serrano, Ms. Lowey, and Mr. Owens):
[[Page 1601]]
H.R. 4969. A bill to amend the Communications Act of 1934
to limit the rates and charges that may be imposed on
interstate and foreign communications made through providers
of operator services; to the Committee on Energy and
Commerce.
By Mr. SOLOMON:
H.R. 4970. A bill to amend vaccine injury compensation
portion of the Public Health Service Act to permit a petition
for compensation to be submitted within 48 months of the
first symptoms of injury; to the Committee on Energy and
Commerce.
By Mr. TORRICELLI (for himself, Mr. Jacobs, Mr.
Deutsch, Mr. Manton, Mr. Gejdenson, and Mr. Swett):
H.R. 4971. A bill to amend the Animal Welfare Act to
strengthen the annual reporting requirements of research
facilities conducting animal experimentation or testing and
to improve the accountability of animal experimentation
programs of the Department of Defense; jointly, to the
Committees on Agriculture and Armed Services.
By Mr. TRAFICANT:
H.R. 4972. A bill to amend the Public Buildings Act of 1959
to ensure that any lease entered into by a Federal agency for
office, meeting, storage, and other space necessary to carry
out the functions of the Federal agency shall be subject to
the leasing requirements of the Public Buildings Act of 1959;
to the Committee on Public Works and Transportation.
By Mr. GUTIERREZ:
H. Con. Res. 283. Concurrent resolution designating August
24, 1994, as ``Ukrainian Independence Day''; to the Committee
on Foreign Affairs.
By Mr. VENTO:
H. Res. 520. Resolution providing for the concurrence by
the House, with an amendment, in the amendment by the Senate
to the bill H.R. 1305; rules suspended, considered and agreed
to.
Para. 97.43 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 778: Mr. Coppersmith.
H.R. 1080: Mr. Gunderson.
H.R. 1110: Mr. Gunderson and Mr. Skeen.
H.R. 1289: Mr. Barca of Wisconsin.
H.R. 1500: Mr. Andrews of Texas, Mr. Brown of Ohio, Mrs.
Clayton, Ms. Eshoo, Mr. Fingerhut, Mr. Engel, Mrs. Mink of
Hawaii, Mr. Payne of New Jersey, Mr. Torres, and Mr. Ford of
Tennessee.
H.R. 2292: Mr. Levin and Mr. Gunderson.
H.R. 2355: Ms. Lambert.
H.R. 2467: Mr. McCloskey.
H.R. 2488: Mr. Ackerman.
H.R. 2588: Mr. Hamburg.
H.R. 2956: Mr. Coppersmith.
H.R. 3207. Mr. McDermott, Mr. Applegate, Mr. Johnson of
South Dakota, Mr. Evans, Mrs. Schroeder, and Mr. Edwards of
California.
H.R. 3523: Mr. Andrews of New Jersey, and Mr. Gunderson.
H.R. 3712: Mr. Applegate, Mr. Pickle, Mr. Yates, Mr.
Martinez, Mr. Engel, Mr. Beilenson, Mr. McCloskey, Mr.
Hefner, Mr. Towns, Mr. Montgomery, Mr. Lehman, Mr. DeFazio,
Mr. Clyburn, Mr. Hastings, Mrs. Meek of Florida, Mr.
Blackwell, Mr. Synar, Mr. Frost, Mr. Rangel, Mr. Evans, Mr.
Hilliard, Mr. Bevill, Mr. Johnson of South Dakota, Mr. Watt,
Mr. Lipinski, Mr. Berman, Mr. Sabo, Mr. Clay, Mr. Ackerman,
Mr. Emerson, Mr. Romero-Barcelo, Mrs. Lowey, Mr. Kopetski,
Mr. Kreidler, and Mr. Farr.
H.R. 3971: Mr. Emerson.
H.R. 4026: Mr. Waxman.
H.R. 4213: Mr. Meehan and Mr. Swett.
H.R. 4251: Mr. Hinchey.
H.R. 4321: Mr. King.
H.R. 4345: Mr. Dellums.
H.R. 4369: Mr. Calvert and Mr. Barton of Texas.
H.R. 4371: Mr. Camp.
H.R. 4423: Mr. Murtha, Mr. Klink, and Mr. Foglietta.
H.R. 4437: Mr. Nadler.
H.R. 4497: Mr. Leach, Mr. Kopetski, Mr. Hancock, Mr. de la
Garza, Mr. Schaefer, Mr. Fields of Louisiana, Mr. Hutto, Mr.
Wheat, Mr. Sundquist, and Mr. Taylor of Mississippi.
H.R. 4566: Mr. Knollenberg.
H.R. 4570: Mr. Ridge, Mr. Sawyer, Mr. Miller of California,
Mr. Hefner, and Mr. Beilenson.
H.R. 4643: Mr. Scott.
H.R. 4654: Mr. Levy.
H.R. 4749: Mr. Richardson.
H.R. 4805: Mr. Kleczka and Mr. Stump.
H.R. 4831: Mr. Faleomavaega and Mr. Kim.
H.R. 4861: Mr. DeLay, Mr. Inglis of South Carolina, Mr.
Kyl, Mr. Hobson, Mr. Portman, Mr. Ehlers, Mr. Gilchrest, Mr.
Franks of Connecticut, Mr. Franks of New Jersey, Mr. Hoke,
Mr. Ramstad, and Mr. Levy.
H.R. 4919: Mr. Bereuter and Mr. Synar.
H.J. Res. 365: Mr. Hutchinson.
H. Con. Res. 148: Mr. Kasich and Mr. Stump.
H. Con. Res. 233: Mr. Carr, Mr. Price of North Carolina,
Mr. Dixon, Ms. Waters, Mr. Torres, Mr. Bryant, Mr. Tucker,
Mr. Matsui, and Mr. Ford of Tennessee.
H. Res. 86: Mr. Huffington.
H. Res. 480: Ms. Pryce of Ohio, Mr. Burton of Indiana, Mr.
Miller of Florida, Mr. Livingston, Mr. Calvert, Mr. Gingrich,
Mr. Smith of Texas, Mr. Goodling, and Mr. Hastert.
.
WEDNESDAY, AUGUST 17, 1994 (98)
The House was called to order by the SPEAKER.
Para. 98.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Tuesday, August 16, 1994.
Ms. DeLAURO, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Ms. DeLAURO objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER, pursuant to clause 5, rule I, announced that the vote
would be postponed until later today.
The point of no quorum was considered as withdrawn.
Para. 98.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3713. A letter from the Secretary, Department of Defense,
transmitting the 1994 Joint Military Net Assessment, pursuant
to 10 U.S.C. 113(j)(1); to the Committee on Armed Services.
3714. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed manufacturing license agreement with the Republic of
Korea (Transmittal No. DTC-27-94), pursuant to 22 U.S.C.
2776(c); to the Committee on Foreign Affairs.
3715. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed manufacturing license agreement with Finland
(Transmittal No. DTC-26-94), pursuant to 22 U.S.C. 2776(c);
to the Committee on Foreign Affairs.
3716. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed approval of manufacturing license agreement with
Japan (Transmittal No. DTC-28-94), pursuant to 22 U.S.C.
2776(d); to the Committee on Foreign Affairs.
3717. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting copies of the original
report of political contributions by Robert Edward Service,
of California, to be Ambassador to the Republic of Paraguay,
and members of his family, pursuant to 22 U.S.C. 3944(b)(2);
to the Committee on Foreign Affairs.
3718. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a copy of
Presidential Determination No. 94-32: RFE/RL Relocation,
pursuant to Public Law 103-236, section 308(k)(2)(B) (108
Sta. 439); to the Committee on Foreign Affairs.
Para. 98.3 va and hud appropriations
On motion of Mr. STOKES, by unanimous consent, the bill (H.R. 4624)
making appropriations for the Departments of Veterans Affairs and
Housing and Urban Development, and for sundry independent agencies,
boards, commissions, corporations, and offices for the fiscal year
ending September 30, 1995, and for other purposes; together with the
amendments of the Senate thereto, was taken from the Speaker's table.
When on motion of Mr. STOKES, it was,
Resolved, That the House disagree to the amendments of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Thereupon, the SPEAKER pro tempore, Ms. DeLAURO, by unanimous consent,
announced the appointment of Messrs. Stokes, Mollohan, Chapman, Ms.
Kaptur, Messrs. Torres, Thornton, Obey, Lewis of California, DeLay,
Gallo, and McDade, as managers on the part of the House at said
conference.
Ordered, That the Clerk notify the Senate thereof.
Para. 98.4 providing for the consideration of h.r. 4906
Mr. MOAKLEY, by direction of the Committee on Rules, called up the
following resolution (H. Res. 513):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 4906) to amend the Congressional Budget and
Impoundment Control Act of 1974 to limit consideration of
nonemergency matters in emergency legislation. The first
reading of the bill shall be dispensed with. All points of
order against consideration of the bill are waived. General
debate shall be confined to the bill and the amendments made
in order by this resolution and shall not exceed one hour
divided and controlled by the chairman and ranking
[[Page 1602]]
minority member of the Committee on Rules. After general
debate the bill shall be considered for amendment under the
five-minute rule and shall be considered as read. No
amendment shall be in order except those printed in the
report of the Committee on Rules accompanying this
resolution. Each amendment may be offered only in the order
printed, may be offered only by a Member designated in the
report, shall be considered as read, shall be debatable for
the time specified in the report equally divided and
controlled by the proponent and an opponent, and shall not be
subject to amendment. All points of order against the
amendments printed in the report are waived. If more than one
of the amendments printed in the report is adopted, only the
last to be adopted shall be considered as finally adopted and
reported to the House. At the conclusion of consideration of
the bill for amendment the Committee shall rise and report
the bill to the House with such amendment as may have been
finally adopted. The previous question shall be considered as
ordered on the bill and any amendment thereto to final
passage without intervening motion except one motion to
recommit with or without instructions.
When said resolution was considered.
After debate,
On motion of Mr. MOAKLEY, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 98.5 emergency spending control
The SPEAKER pro tempore, Ms. DeLAURO, pursuant to House Resolution 513
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 4906) to amend the Congressional Budget and Impoundment Control
Act of 1974 to limit consideration of nonemergency matters in emergency
legislation.
The SPEAKER pro tempore, Ms. DeLAURO, by unanimous consent, designated
Mr. MURTHA as Chairman of the Committee of the Whole; and after some
time spent therein,
The Committee rose informally to receive a message from the President.
The SPEAKER pro tempore, Mr. HEFNER, assumed the Chair.
Para. 98.6 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
The Committee resumed its sitting; and after some further time spent
therein,
Para. 98.7 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment in the nature of a substitute, as
modified, submitted by Mr. JOHNSON of Texas:
Strike all after the enacting clause and insert the
following:
SECTION 1. TREATMENT OF EMERGENCIES.
(a) Elimination of Cap Adjustment for Emergency
Appropriations.--Section 251(b)(2)(D) of the Balanced Budget
and Emergency Deficit Control Act of 1985 is repealed.
(b) Special Look-Back Treatment for Emergency
Appropriations.--Section 251(a)(5) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by inserting
``(A)'' before ``If'' and by adding at the end the following
new subparagraph:
``(B) If an appropriation that the President designates as
emergency requirements and the Congress so designates in
statute is enacted for the fiscal year in progress and that
causes a breach within a category for that year (after taking
into account any sequestration of amounts within that
category), the discretionary spending limits for the next
fiscal year shall be reduced by the amount or amounts of that
breach.''.
It was decided in the
Yeas
160
<3-line {>
negative
Nays
258
Para. 8.8 [Roll No. 400]
AYES--160
Allard
Andrews (NJ)
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barca
Barrett (NE)
Bartlett
Barton
Bereuter
Bilirakis
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Condit
Cox
Crane
Crapo
Cunningham
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grandy
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hoekstra
Hoke
Horn
Houghton
Huffington
Hutchinson
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kyl
Lazio
Leach
Levy
Lewis (FL)
Lewis (KY)
Linder
Lucas
Machtley
Maloney
Manzullo
McCandless
McCollum
McCrery
McHugh
McInnis
McKeon
Meyers
Mica
Miller (FL)
Minge
Molinari
Moorhead
Nussle
Orton
Oxley
Pallone
Parker
Paxon
Penny
Peterson (MN)
Petri
Pombo
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Ridge
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Schroeder
Schumer
Sensenbrenner
Shaw
Shays
Shuster
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Solomon
Stearns
Stenholm
Stump
Swett
Talent
Tauzin
Taylor (NC)
Thomas (CA)
Upton
Walker
Weldon
Young (FL)
Zeliff
Zimmer
NOES--258
Abercrombie
Ackerman
Andrews (ME)
Applegate
Bacchus (FL)
Baesler
Barcia
Barlow
Barrett (WI)
Bateman
Beilenson
Bentley
Berman
Bevill
Bilbray
Bishop
Blackwell
Bliley
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Callahan
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Everett
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gallo
Gejdenson
Gephardt
Geren
Gibbons
Gilman
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kolbe
Kopetski
Kreidler
Lambert
Lancaster
LaRocco
Laughlin
Lehman
Levin
Lewis (CA)
Lewis (GA)
Lightfoot
Lipinski
Livingston
Lloyd
Long
Lowey
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Montgomery
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Owens
Packard
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pickle
Pomeroy
Porter
Poshard
Price (NC)
Rahall
Rangel
Reed
Regula
Richardson
Roemer
Rogers
Romero-Barcelo (PR)
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Snowe
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
NOT VOTING--21
Andrews (TX)
Archer
Becerra
Dicks
Flake
Grams
Hunter
LaFalce
Lantos
McCurdy
McDade
McMillan
Mfume
Michel
Moran
Reynolds
Slattery
Spence
Sundquist
Thomas (WY)
Washington
So the amendment in the nature of a substitute, as modified, was not
agreed to.
After some further time,
Para. 98.9 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment in the nature of a substitute
submitted by Mr. CASTLE:
Strike all after the enacting clause and insert the
following:
[[Page 1603]]
SECTION 1. ESTABLISHMENT OF BUDGET RESERVE ACCOUNT.
(a) Establishment.--A budget reserve account (hereinafter
in this section referred to as the ``account'') shall be
established for the purpose of setting aside adequate funding
for natural disasters and national security emergencies.
(b) Prior Appropriation Required.--The account shall
consist of such sums as may be provided in advance in
appropriation Acts for a particular fiscal year.
(c) Restriction on Use of Funds.--(1) Notwithstanding any
other provision of law, the amounts in the account shall not
be available for other than emergency funding requirements
for particular natural disasters or national security
emergencies so designated by Acts of Congress.
(2) Funds in the account that are not obligated during the
fiscal year for which they are appropriated may only be used
for deficit reduction purposes.
SEC. 2. CONGRESSIONAL BUDGET PROCESS CHANGES.
(a) Contents of Concurrent Resolutions on the Budget.--
Section 301(a) of the Congressional Budget Act of 1974 is
amended by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively, and by inserting after paragraph
(5) the following new paragraph:
``(6) total new budget authority and total budget outlays
for emergency funding requirements for natural disasters and
national security emergencies to be included in a budget
reserve account;''.
(b) Section 602 Allocations.--(1) Section 602 of the
Congressional Budget Act of 1974 is amended by adding at the
end the following new subsection:
``(f) Committee Spending Allocations and Suballocations for
Budget Reserve Account.--
``(1) Allocations.--The joint explanatory statement
accompanying a conference report on a budget resolution shall
include allocations, consistent with the resolution
recommended in the conference report, of the appropriate
levels (for each fiscal year covered by that resolution) of
total new budget authority and outlays to the Committee on
Appropriations of each House for emergency funding
requirements for natural disasters and national security
emergencies to be included in a budget reserve account.
``(2) Suballocations.--As soon as practicable after a
budget resolution is agreed to, the Committee on
Appropriations of each House (after consulting with the
Committee on Appropriations of the other House) shall
suballocate each amount allocated to it for the budget year
under paragraph (1) among its subcommittees. Each Committee
on Appropriations shall promptly report to its House
suballocations made or revised under this paragraph.''.
(2) Section 602(c) of the Congressional Budget Act of 1974
is amended by inserting ``or subsection (f)(1)'' after
``subsection (a)'' and by inserting ``or subsection (f)(2)''
after ``subsection (b)''.
SEC. 3. REPEAL OF ADJUSTMENT FOR EMERGENCY APPROPRIATIONS.
Section 251(b)(2)(D) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is repealed.
SEC. 4. REPORTING.
Not later than November 30, 1996, and at annual intervals
thereafter, the Director of the Office of Management and
Budget shall submit a report to each House of Congress
listing the amounts of money expended from the budget reserve
account established under section 1 for the fiscal year
ending during that calendar year for each natural disaster
and national security emergency.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by it shall apply to
fiscal year 1996 and subsequent fiscal years.
It was decided in the
Yeas
184
<3-line {>
negative
Nays
235
Para. 98.10 [Roll No. 401]
AYES--184
Allard
Andrews (NJ)
Andrews (TX)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barca
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Cox
Crane
Crapo
Cunningham
Deal
DeLay
Deutsch
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
English
Ewing
Fawell
Fields (TX)
Fingerhut
Fish
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grandy
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hoagland
Hoekstra
Hoke
Horn
Houghton
Huffington
Hutchinson
Hyde
Inglis
Inhofe
Inslee
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kreidler
Kyl
Lambert
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Linder
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McHugh
McInnis
McKeon
Meehan
Meyers
Mica
Miller (FL)
Minge
Molinari
Moorhead
Morella
Myers
Nussle
Orton
Oxley
Packard
Pallone
Parker
Paxon
Penny
Peterson (MN)
Petri
Pombo
Porter
Portman
Poshard
Pryce (OH)
Quinn
Ramstad
Ravenel
Ridge
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Schumer
Sensenbrenner
Shaw
Shays
Shepherd
Shuster
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Stearns
Stenholm
Stump
Swett
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Torkildsen
Upton
Valentine
Walker
Weldon
Wolf
Zeliff
Zimmer
NOES--235
Abercrombie
Ackerman
Andrews (ME)
Applegate
Bacchus (FL)
Baesler
Barcia
Barlow
Barrett (WI)
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
DeFazio
DeLauro
Dellums
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Emerson
Engel
Eshoo
Evans
Everett
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Frost
Furse
Gallo
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hobson
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
LaFalce
Lancaster
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lightfoot
Lipinski
Livingston
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
McNulty
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Montgomery
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Owens
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pickle
Pomeroy
Price (NC)
Quillen
Rahall
Rangel
Reed
Regula
Richardson
Roemer
Rogers
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Scott
Serrano
Sharp
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
NOT VOTING--20
Becerra
Chapman
Derrick
Flake
Grams
Hunter
Kaptur
Lantos
McCurdy
McDade
McMillan
Michel
Moran
Reynolds
Romero-Barcelo (PR)
Slattery
Spence
Sundquist
Thomas (WY)
Washington
So the amendment in the nature of a substitute was not agreed to.
After some further time,
Para. 98.11 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment in the nature of a substitute
submitted by Mr. KASICH:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Spending Control
Act of 1994''.
SEC. 2. TREATMENT OF EMERGENCY SPENDING.
(a) Emergency Appropriations.--Section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985
is amended by adding at the end the following new sentence:
``However, OMB shall not adjust any discretionary spending
limit under this clause for any statute that designates
appropriations as emergency requirements if that statute
contains an appropriation for any other matter, event, or
occurrence, but that statute may contain rescissions of
budget authority.''.
(b) Emergency Legislation.--Section 252(e) of the Balanced
Budget and Emergency
[[Page 1604]]
Deficit Control Act of 1985 is amended by adding at the end
the following new sentence: ``However, OMB shall not
designate any such amounts of new budget authority, outlays,
or receipts as emergency requirements in the report required
under subsection (d) if that statute contains any other
provisions that are not so designated, but that statute may
contain provisions that reduce direct spending.''.
(c) New Point of Order.--Title IV of the Congressional
Budget Act of 1974 is amended by adding at the end the
following new section:
``point of order regarding emergencies
``Sec. 408. It shall not be in order in the House of
Representatives or the Senate to consider any bill or joint
resolution, or amendment thereto or conference report
thereon, containing an emergency designation for purposes of
section 251(b)(2)(D) or 252(e) of the Balanced Budget and
Emergency Deficit Control Act of 1985 if it also provides an
appropriation or direct spending for any other item or
contains any other matter, but that bill or joint resolution,
amendment, or conference report may contain rescissions of
budget authority or reductions of direct spending, or that
amendment may reduce amounts for that emergency.''.
(d) Conforming Amendment.--The table of contents set forth
in section 1(b) of the Congressional Budget and Impoundment
Control Act of 1974 is amended by inserting after the item
relating to section 313 the following new item:
``Sec. 408. Point of order regarding emergencies.''.
It was decided in the
Yeas
322
<3-line {>
affirmative
Nays
99
Para. 98.12 [Roll No. 402]
AYES--322
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Beilenson
Bentley
Bereuter
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Brewster
Brooks
Browder
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
English
Eshoo
Everett
Ewing
Farr
Fawell
Fields (TX)
Filner
Fingerhut
Fish
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Huffington
Hughes
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manzullo
Margolies-Mezvinsky
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meehan
Menendez
Meyers
Mfume
Mica
Miller (CA)
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Morella
Murphy
Myers
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Ramstad
Ravenel
Reed
Regula
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Rowland
Royce
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Shaw
Shays
Shepherd
Shuster
Sisisky
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spratt
Stark
Stearns
Stenholm
Strickland
Stump
Stupak
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thurman
Torkildsen
Torricelli
Traficant
Tucker
Underwood (GU)
Upton
Valentine
Volkmer
Vucanovich
Walker
Weldon
Wheat
Williams
Wolf
Wyden
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--99
Abercrombie
Applegate
Barlow
Berman
Bevill
Blackwell
Bonior
Borski
Boucher
Brown (CA)
Brown (FL)
Clay
Collins (IL)
Collins (MI)
Conyers
Coyne
de Lugo (VI)
DeLauro
Dellums
Dingell
Dixon
Durbin
Edwards (CA)
Engel
Evans
Faleomavaega (AS)
Fazio
Fields (LA)
Foglietta
Ford (MI)
Frank (MA)
Gallo
Gejdenson
Gephardt
Gibbons
Gonzalez
Hall (OH)
Hastings
Hilliard
Hoyer
Jefferson
Johnson, E. B.
Kopetski
Lewis (CA)
Lewis (GA)
Manton
Markey
Martinez
Matsui
McDermott
Meek
Mineta
Mink
Moakley
Mollohan
Murtha
Nadler
Oberstar
Obey
Olver
Owens
Pastor
Payne (NJ)
Pelosi
Pickle
Rahall
Rangel
Romero-Barcelo (PR)
Rostenkowski
Roybal-Allard
Rush
Sabo
Serrano
Skaggs
Skeen
Slaughter
Smith (IA)
Stokes
Studds
Swift
Synar
Thompson
Thornton
Torres
Towns
Unsoeld
Velazquez
Vento
Visclosky
Walsh
Waters
Watt
Waxman
Whitten
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--18
Becerra
Derrick
Flake
Grams
Hunter
Lantos
McCurdy
McDade
McMillan
Michel
Moran
Quinn
Reynolds
Sharp
Slattery
Spence
Sundquist
Washington
So the amendment in the nature of a substitute was agreed to.
The SPEAKER pro tempore, Mr. HASTINGS, assumed the Chair.
When Mr. RAHALL, Acting Chairman, pursuant to House Resolution 513,
reported the bill back to the House with an amendment adopted by the
Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Spending Control
Act of 1994''.
SEC. 2. TREATMENT OF EMERGENCY SPENDING.
(a) Emergency Appropriations.--Section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985
is amended by adding at the end the following new sentence:
``However, OMB shall not adjust any discretionary spending
limit under this clause for any statute that designates
appropriations as emergency requirements if that statute
contains an appropriation for any other matter, event, or
occurrence, but that statute may contain rescissions of
budget authority.''.
(b) Emergency Legislation.--Section 252(e) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is amended
by adding at the end the following new sentence: ``However,
OMB shall not designate any such amounts of new budget
authority, outlays, or receipts as emergency requirements in
the report required under subsection (d) if that statute
contains any other provisions that are not so designated, but
that statute may contain provisions that reduce direct
spending.''.
(c) New Point of Order.--Title IV of the Congressional
Budget Act of 1974 is amended by adding at the end the
following new section:
``point of order regarding emergencies
``Sec. 408. It shall not be in order in the House of
Representatives or the Senate to consider any bill or joint
resolution, or amendment thereto or conference report
thereon, containing an emergency designation for purposes of
section 251(b)(2)(D) or 252(e) of the Balanced Budget and
Emergency Deficit Control Act of 1985 if it also provides an
appropriation or direct spending for any other item or
contains any other matter, but that bill or joint resolution,
amendment, or conference report may contain rescissions of
budget authority or reductions of direct spending, or that
amendment may reduce amounts for that emergency.''.
(d) Conforming Amendment.--The table of contents set forth
in section 1(b) of the Congressional Budget and Impoundment
Control Act of 1974 is amended by inserting after the item
relating to section 313 the following new item:
``Sec. 408. Point of order regarding emergencies.''.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. HASTINGS, announced that the yeas had it.
[[Page 1605]]
Mr. BILBRAY demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
406
<3-line {>
affirmative
Nays
6
Para. 98.13 [Roll No. 403]
AYES--406
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (TX)
Filner
Fingerhut
Fish
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Gordon
Goss
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hutchinson
Hutto
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Morella
Murphy
Murtha
Myers
Neal (MA)
Neal (NC)
Nussle
Oberstar
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Ramstad
Rangel
Ravenel
Reed
Regula
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--6
Bonior
Gonzalez
Nadler
Obey
Rahall
Yates
NOT VOTING--22
Becerra
Derrick
Fields (LA)
Flake
Glickman
Grams
Hansen
Hunter
Hyde
Lantos
McCurdy
McDade
McMillan
Michel
Moran
Pombo
Quinn
Reynolds
Slattery
Spence
Sundquist
Washington
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 98.14 message from the president--national emergency with respect
to angola
The SPEAKER pro tempore, Mr. HASTINGS, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d))
provides for the automatic termination of a national emergency unless,
prior to the anniversary date of its declaration, the President
publishes in the Federal Register and transmits to the Congress a
notice stating that the emergency is to continue in effect beyond the
anniversary date. In accordance with this provision, I have sent the
enclosed notice, stating that the emergency declared with respect to
the National Union for the Total Independence of Angola (``UNITA'') is
to continue in effect beyond September 26, 1994, to the Federal
Register for publication.
The circumstances that led to the declaration on September 26, 1993,
of a national emergency have not been resolved. The actions and
policies of UNITA pose a continuing unusual and extraordinary threat to
the foreign policy of the United States. United Nations Security
Council Resolution 864 (1993) continues to oblige all Member States to
maintain sanctions. Discontinuation of the sanctions would have a
prejudicial effect on the Angolan peace process. For these reasons, I
have determined that it is necessary to maintain in force the broad
authorities necessary to apply economic pressure to UNITA to reduce its
ability to pursue its aggressive policies of territorial acquisition.
William J. Clinton.
The White House, August 17, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Foreign Affairs and ordered to
be printed (H. Doc. 103-292).
Para. 98.15 waiving points of order against the conference report on s.
2182
Mr. FROST, by direction of the Committee on Rules, called up the
following resolution (H. Res. 521):
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (S. 2182) to authorize appropriations for fiscal year
1995 for military activities of the Department of Defense,
for military construction, and for defense programs of the
Department of Energy, to prescribe personnel strengths for
such fiscal year for the Armed Forces, and for other
purposes. All points of order against the conference report
and against its consideration are waived.
When said resolution was considered.
After debate,
On motion of Mr. FROST, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 98.16 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
Para. 98.17 dod authorization
Mr. DELLUMS, pursuant to House Resolution 521, called up the following
conference report (Rept. No. 103-701):
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the House to the bill (S.
2182), to authorize appropriations for fiscal year 1995 for
military activities of the Department of Defense, for
military construction, and for defense activities of the
Department of Energy, to prescribe personnel strengths
[[Page 1606]]
for such fiscal year for the Armed Forces, and for other
purposes, having met, after full and free conference, have
agreed to recommend and do recommend to their respective
Houses as follows:
That the Senate recede from its disagreement to the
amendment of the House and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the House
amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 1995''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Divisions.--This Act is organized into three divisions
as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Chemical demilitarization program.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for Army programs.
Sec. 112. Transfer to Marine Corps of M1A1 tanks replaced by M1A2
upgrades.
Sec. 113. Transfer of M1A1 tanks to the Marine Corps.
Sec. 114. Exception to mandatory retirement of OV-1 aircraft for
aircraft deployed in Korea.
Sec. 115. Small arms industrial base.
Sec. 116. Bunker defeat munition acquisition program.
Sec. 117. Procurement of helicopters.
Subtitle C--Navy Programs
Sec. 121. Nuclear aircraft carrier program.
Sec. 122. Seawolf submarine program.
Sec. 123. Guidance sets for Trident II missiles.
Sec. 124. Prohibition on Trident II backfit.
Sec. 125. Inclusion of conversion of vessels in fast sealift program.
Sec. 126. Limitation on procurement of TAGS vessels.
Sec. 127. Naval amphibious ready groups.
Subtitle D--Air Force Programs
Sec. 131. Intertheater airlift programs.
Sec. 132. Settlement of claims under the C-17 aircraft program.
Sec. 133. Preserving the bomber industrial base.
Sec. 134. Limitation on retirement of bomber aircraft.
Sec. 135. Evaluation of restart of C-5B aircraft procurement.
Subtitle E--Other Matters
Sec. 141. Sales authority of working-capital funded Army industrial
facilities.
Sec. 142. Identification in budget of funds for chemical
demilitarization program military construction projects.
Sec. 143. Transportation of chemical munitions.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic research and exploratory development.
Sec. 203. Strategic environmental research and development program.
Sec. 204. Molecular design material science.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Space launch modernization.
Sec. 212. Standoff air-to-surface munitions technology demonstration.
Sec. 213. Extension of prohibition on testing Mid-Infrared Advanced
Chemical Laser against an object in space.
Sec. 214. Applicability of certain electronic combat systems testing
requirements.
Sec. 215. Advanced Self Protection Jammer (ASPJ) program.
Sec. 216. Advanced Lithography Program.
Sec. 217. Federally funded research and development centers.
Sec. 218. Digital Battlefield program.
Sec. 219. Dual-use electric and hybrid vehicles.
Sec. 220. Tactical antisatellite technologies program.
Sec. 221. Limitation on dismantlement of intercontinental ballistic
missiles.
Sec. 222. Limitation on obligation of funds for seismic monitoring
research.
Sec. 223. Superconducting magnetic energy storage project.
Sec. 224. Military satellite communications.
Subtitle C--Missile Defense Programs
Sec. 231. Compliance of ballistic missile defense systems and
components with ABM treaty.
Sec. 232. Modifications to Anti-Ballistic Missile Treaty to be entered
into only through treaty making power.
Sec. 233. Revisions to the Missile Defense Act of 1991.
Sec. 234. Limitation on flight tests of certain missiles.
Sec. 235. Program elements for Ballistic Missile Defense Organization.
Subtitle D--Women's Health Research
Sec. 241. Defense Women's Health Research Program.
Subtitle E--Other Matters
Sec. 251. Requirement for submission of annual report of the
Semiconductor Technology Council to Congress.
Sec. 252. Report on oceanographic survey and research requirements to
support littoral warfare.
Sec. 253. LANSCE/LAMPF upgrades.
Sec. 254. Study regarding live-fire survivability testing of F-22
aircraft.
Sec. 255. University Research Initiative Support Program.
Sec. 256. Manufacturing Science and Technology Program.
Sec. 257. Defense experimental program to stimulate competitive
research.
Sec. 258. Study on convergence of Geosat and EOS altimetry programs.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Funds for depot-level maintenance and repair work.
Sec. 305. Support for the 1996 Summer Olympics.
Sec. 306. Support for the 1995 Special Olympics World Games.
Subtitle B--Defense Business Operations Fund
Sec. 311. Oversight of Defense Business Operations Fund.
Sec. 312. Review by Comptroller General of charges imposed by Defense
Business Operations Fund.
Sec. 313. Limitation on obligations against the capital asset fund.
Sec. 314. Limitation on obligations against the supply management
divisions.
Subtitle C--Environmental Provisions
Sec. 321. Limitation on use of environmental restoration funds for
payment of fines and penalties.
Sec. 322. Participation of Indian tribes in agreements for defense
environmental restoration.
Sec. 323. Extension of authority to issue surety bonds for certain
environmental programs.
Sec. 324. Payment of certain stipulated civil penalties.
Sec. 325. Additional exception to prohibition on storage and disposal
of nondefense toxic and hazardous materials at military
installations.
Sec. 326. Assistance for public participation in defense environmental
restoration activities.
Sec. 327. Pilot program to develop and demonstrate environmental
remediation technologies.
Sec. 328. Environmental education and training program for defense
personnel.
Sec. 329. Study of establishment of land management and training
center.
Subtitle D--Depot-Level Activities
Sec. 331. Findings.
Sec. 332. Modification of limitation on performance of depot-level
maintenance.
Sec. 333. Report on performance of depot-level maintenance and repair
of new weapon systems.
Sec. 334. Review of cost growth in contracts to perform depot-level
maintenance and repair.
Sec. 335. Authority for depot-level activities of the Department of
Defense to compete for maintenance and repair workloads
of other Federal agencies.
Sec. 336. Authority of depots to provide services outside the
Department of Defense.
Sec. 337. Reutilization initiative for depot-level activities.
Sec. 338. Change of source for performance of depot-level workloads.
Sec. 339. Sale of articles and services of industrial facilities of the
Armed Forces to persons outside the Department of
Defense.
Subtitle E--Civilian Employees
Sec. 341. Extension of certain transition assistance authorities.
Sec. 342. Extension and expansion of authority to conduct personnel
demonstration projects.
Sec. 343. Limitation on payment of severance pay to certain employees
transferring to employment positions in nonappropriated
fund instrumentalities.
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Sec. 344. Retirement credit for certain service in nonappropriated fund
instrumentalities before January 1, 1987.
Sec. 345. Travel, transportation, and relocation expenses of employees
transferring to the United States Postal Service.
Sec. 346. Foreign employees covered by the Foreign National Employees
Separation Pay Account.
Sec. 347. Report on conversion of certain positions to performance by
Department of Defense employees.
Sec. 348. Non-Federal employment incentive pilot program.
Sec. 349. Uniform health benefits program for employees of the
Department of Defense assigned to nonappropriated fund
instrumentalities.
Subtitle F--Department of Defense Domestic and Overseas Dependents'
Schools
Sec. 351. Reauthorization of Department of Defense domestic elementary
and secondary schools for dependents.
Sec. 352. Report on calculation and recovery of tuition costs of
certain students enrolled in schools of the defense
dependents' education system.
Sec. 353. Authority to accept gifts for Department of Defense domestic
elementary and secondary schools.
Sec. 354. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department
of Defense civilian employees.
Subtitle G--Reviews, Studies, and Reports
Sec. 361. Reports on transfers of certain operation and maintenance
funds.
Sec. 362. Review and report on use of operation and maintenance funds
by the Department of Defense.
Sec. 363. Cost comparison studies for contracts for advisory and
assistance services.
Sec. 364. Review by Defense Inspector General of cost growth in certain
contracts.
Subtitle H--Other Matters
Sec. 371. Armed Forces Retirement Home.
Sec. 372. Limitation on use of appropriated funds for operation of
Armed Forces Recreation Center, Europe.
Sec. 373. Limitation on retention of morale, welfare, and recreation
funds by military installations.
Sec. 374. Ships' stores.
Sec. 375. Operation of military exchange and commissary store at Naval
Air Station Fort Worth, Joint Reserve Center, Carswell
Field.
Sec. 376. Disposition of proceeds from operation of the Naval Academy
laundry.
Sec. 377. Authority to issue military identification cards to so-called
honorary retirees of the Naval and Marine Corps Reserves.
Sec. 378. Repeal of annual limitation on expenditures for emergency and
extraordinary expenses of the Department of Defense
Inspector General.
Sec. 379. Transfer of certain excess Department of Defense property to
educational institutions and training schools.
Sec. 380. Operation of overseas facilities of the Department of Defense
by United States firms.
Sec. 381. Requirements for automated information systems of the the
Department of Defense.
Sec. 382. Program to commemorate World War II.
Sec. 383. Assistance to Red Cross for emergency communications services
for members of the Armed Forces and their families.
Sec. 384. Clarification of authority to provide medical transportation
under National Guard pilot program.
Sec. 385. National Guard assistance for certain youth and charitable
organizations.
Sec. 386. One-year extension of certain programs.
Sec. 387. Procurement of portable ventilators for the Defense Medical
Facility Office, Fort Detrick, Maryland.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Temporary variation of end strength limitations for Army
majors and lieutenant colonels.
Sec. 403. Extension of temporary variation of end strength limitations
for Marine Corps majors and lieutenant colonels.
Sec. 404. Increase in authorized strength for Marine Corps general
officers on active duty after fiscal year 1995.
Sec. 405. Management of senior general and flag officer positions.
Sec. 406. Temporary exclusion of Superintendent of Naval Academy from
counting toward number of senior admirals authorized to
be on active duty.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the
reserves.
Sec. 413. Delay in increase in number of active component members to be
assigned for training compatibilty with guard units.
Subtitle C--Military Training Student Loads
Sec. 421. Authorization of training student loads.
Subtitle D--Authorization of Appropriations
Sec. 431. Authorization of appropriations for military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Consistency of warrant officer personnel management policies
with policies applicable to other officers.
Sec. 502. Authority for original regular appointments of Navy and
Marine Corps limited duty officers serving in grades
above pay grade O-3 under temporary appointments.
Sec. 503. Navy and Marine Corps limited duty officers twice having
failed of selection for promotion.
Sec. 504. Selection for designated judge advocate positions.
Subtitle B--Reserve Component Matters
Sec. 511. Increased period of active duty for reserve forces mobilized
other than during war or national emergency.
Sec. 512. Reserve general and flag officers on active duty.
Sec. 513. Review of opportunities for ordering individual reserves to
active duty with their consent.
Sec. 514. Definition of active Guard and Reserve duty.
Sec. 515. Repeal of obsolete provisions pertaining to transfer of
retired regular enlisted members to reserve components.
Sec. 516. Semiannual report on separations of active Army officers.
Sec. 517. Early Reserve retirement eligibility for disabled members of
Selected Reserve.
Sec. 518. Annual payments for members retired under Guard and Reserve
transition initiative.
Sec. 519. Educational requirements for appointment in reserve
components in grades above first lieutenant or lieutenant
(junior grade).
Sec. 520. Limited exception for Alaska scout officers from
baccalaureate degree requirement for appointment as
officer in National Guard above first lieutenant.
Sec. 521. Sense of Congress concerning the training and modernization
of the reserve components.
Subtitle C--Victims' Rights, Family Advocacy, and Nondiscrimination
Provisions
Sec. 531. Prohibition of retaliatory actions against members of the
Armed Forces making allegations of sexual harassment or
unlawful discrimination.
Sec. 532. Department of Defense policies and procedures on
discrimination and sexual harassment.
Sec. 533. Annual report on personnel readiness factors by race and
gender.
Sec. 534. Victims' advocates programs in Department of Defense.
Sec. 535. Transitional compensation and other benefits for dependents
of members separated for dependent abuse.
Sec. 536. Study of spousal abuse involving Armed Forces personnel.
Subtitle D--Matters Relating to the Coast Guard
Sec. 541. Extension of Warrant Officer Management Act provisions to
Coast Guard.
Sec. 542. Coast Guard force reduction transition benefits.
Sec. 543. Expansion of personnel adjustment, education, and training
programs to include Coast Guard.
Subtitle E--Other Matters
Sec. 551. Repeal of required reduction in recruiting personnel.
Sec. 552. Authorized active duty strengths for Army enlisted members in
pay grade E-8.
Sec. 553. Prohibition on imposition of additional charges or fees for
attendance at certain academies.
Sec. 554. Biennial survey on the State of race and ethnic issues in the
military.
Sec. 555. Review of certain discharges from the United States Military
Academy during the post-Civil War period.
Sec. 556. Administration of athletics programs at the service
academies.
Sec. 557. Reimbursement for certain losses of household effects caused
by hostile action.
Sec. 558. Military recruiting on campus.
Sec. 559. Authorization for instruction of civilian students at foreign
language center of the Defense Language Institute.
Sec. 560. Discharge of members who are permanently nonworldwide
assignable.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1995.
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Sec. 602. Cost-of-living allowance for members of the uniformed
services assigned to high cost areas in the continental
United States.
Sec. 603. Increase in subsistence allowance payable to members of
Senior Reserve Officers' Training Corps.
Sec. 604. Temporary family housing or temporary housing allowances for
dependents of members who die in the line of duty.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonuses for reserve forces.
Sec. 612. Extension and modification of certain bonuses and special pay
for nurse officer candidates, registered nurses, and
nurse anesthetists.
Sec. 613. Extension of authority relating to payment of other bonuses
and special pays.
Subtitle C--Travel and Transportation Allowances
Sec. 621 Responsibility for preparation of transportation mileage
tables.
Sec. 622 Payment for transient housing for members of a reserve
component performing certain training duty.
Sec. 623. Change in provision of transportation incident to personal
emergencies for members stationed outside the continental
United States.
Sec. 624. Clarification of travel and transportation allowance of
family members incident to serious illness or injury of
members.
Sec. 625. Applicability of additional family separation allowance to
periods between deployments less than 30 days apart.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 631. Elimination of disparity between effective dates for military
and civilian retiree cost-of-living adjustments for
fiscal year 1995.
Sec. 632. Sense of Congress on equal treatment of effective dates for
future cost-of-living adjustments for military and
civilian retirees.
Sec. 633. Clarification of calculation of retired pay for officers who
retire in a grade lower than the grade held at
retirement.
Sec. 634. Waiver of administrative time-in-grade requirements to
prevent pay inversions in retired pay of certain military
retirees.
Sec. 635. Crediting of reserve service of enlisted members for
computation of retired pay.
Sec. 636. Minimum required reserve service for eligibility for retired
pay for nonregular service during force drawdown period.
Sec. 637. SBP premiums for reserve-component child-only coverage.
Sec. 638. Discontinuation of insurable interest coverage under Survivor
Benefit Plan.
Sec. 639. Forfeiture of annuity or retired pay of members convicted of
espionage under UCMJ.
Sec. 640. Treatment of retired and retainer pay of members of cadre of
Civilian Community Corps.
Subtitle E--Other Matters
Sec. 651. Eligibility of members retired under temporary special
retirement authority for Servicemen's Group Life
Insurance.
Sec. 652. Transportation of remains.
Sec. 653. Special supplemental food program for Department of Defense
personnel outside the United States.
Sec. 654. Study of offset of disability compensation by receipt of
separation benefits and incentives.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
Sec. 701. Revision of definition of dependents to include young people
being adopted by members or former members.
Sec. 702. Treatment of certain dependents as children for purposes of
CHAMPUS, dependents' dental program, and continued health
benefits coverage.
Sec. 703. Availability of dependents' dental program outside the United
States.
Sec. 704. Authorization for medical and dental care for abused
dependents of certain members.
Sec. 705. Additional authorized health care service available through
military health care system.
Sec. 706. Demonstration programs for sale of pharmaceuticals.
Sec. 707. One year continuation of full CHAMPUS and dependents' dental
program benefits for dependents of members who die while
on active duty for a period of more than 30 days.
Subtitle B--Changes to Existing Laws Regarding Health Care Management
Sec. 711. Coordination of benefits with medicare.
Sec. 712. Authority for reimbursement of professional license fees
under resource sharing agreements.
Sec. 713. Imposition of enrollment fees for managed care plans.
Sec. 714. Strengthening managed health care authorities.
Sec. 715. Delay in deadline for use of health maintenance organization
model as option for military health care.
Sec. 716. Limitation on reduction in number of reserve component
medical personnel.
Sec. 717. Implementation of annual health care survey requirement.
Subtitle C--Persian Gulf Illness
Sec. 721. Programs related to Desert Storm mystery illness.
Sec. 722. Studies of health consequences of military service or
employment in Southwest Asia during the Persian Gulf War.
Subtitle D--Other Matters
Sec. 731. Chiropractic health care demonstration program.
Sec. 732. Demonstration program for admission of civilians as physician
assistant students at Academy of Health Sciences, Fort
Sam Houston, Texas.
Sec. 733. Delay in closure of Army hospital at Vicenza, Italy.
Sec. 734. Oral typhoid vaccine inventory of Department of Defense.
Sec. 735. Report on expanded use of nonavailability of health care
statements.
Sec. 736. Cost analysis of Tidewater TRICARE delivery of pediatric
health care to military families.
Sec. 737. Study and report on financial relief for certain medicare-
eligible military retirees who incur medicare late
enrollment penalties.
Sec. 738. Sense of Congress on continuity of health care services for
covered beneficiaries in areas affected by base closures.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Assistance Programs
Sec. 801. Procurement technical assistance programs.
Sec. 802. Pilot mentor-protege program.
Sec. 803. Infrastructure assistance for historically Black colleges and
other minority institutions of higher education.
Sec. 804. Treatment under subcontracting plans of purchases from
qualified nonprofit agencies for the blind or severely
disabled.
Subtitle B--Other Matters
Sec. 811. Delegation of industrial mobilization authority.
Sec. 812. Determinations of public interest under the Buy American Act.
Sec. 813. Continuation of expiring requirement for annual report on the
use of competitive procedures for awarding certain
contracts to colleges and universities.
Sec. 814. Consolidation of limitations on procurement of goods other
than American goods.
Sec. 815. Environmental consequence analysis of major defense
acquisition programs.
Sec. 816. Demonstration project on purchase of fire, security, police,
public works, and utility services from local government
agencies.
Sec. 817. Preference for local residents.
Sec. 818. Payment of restructuring costs under defense contracts.
Sec. 819. Defense Acquisition Pilot Program designations.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Secretarial Matters
Sec. 901. Additional Assistant Secretary of Defense.
Sec. 902. Order of succession to Secretaries of the military
departments.
Sec. 903. Change of title of Comptroller of the Department of Defense
to Under Secretary of Defense (Comptroller).
Sec. 904. National Guard Bureau charter.
Subtitle B--Professional Military Education
Sec. 911. Authority for Marine Corps University to award the degree of
master of military studies.
Sec. 912. Board of Advisors for Marine Corps University.
Sec. 913. Authority for Air University to award the degree of master of
airpower art and science.
Sec. 914. Sense of Congress on grade of heads of senior professional
military education schools.
Subtitle C--Other Matters
Sec. 921. Composition of Reserve Forces Policy Board.
Sec. 922. Continuation of Uniformed Services University of the Health
Sciences.
Sec. 923. Commission on Roles and Missions of the Armed Forces.
Sec. 924. Renaming of the United States Court of Military Appeals and
the Courts of Military Review.
Sec. 925. Budget support for reserve elements of special operations
command.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
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Sec. 1002. Emergency supplemental authorization of appropriations for
fiscal year 1994.
Sec. 1003. Incorporation of classified annex.
Sec. 1004. Date for submission of future-years mission budget.
Sec. 1005. Submission of next future-years defense program as required
by law.
Sec. 1006. Authority for obligation of certain unauthorized fiscal year
1994 defense appropriations.
Subtitle B--Counter-Drug Activities
Sec. 1011. Department of Defense support for counter-drug activities.
Sec. 1012. Official immunity for authorized employees and agents of the
United States and foreign countries engaged in
interdiction of aircraft used in illicit drug
trafficking.
Sec. 1013. Report on status of defense random drug testing program.
Subtitle C--Naval Vessels and Related Matters
Sec. 1021. Transfer of USNS Maury.
Sec. 1022. Transfer of obsolete vessel Guadalcanal.
Sec. 1023. Maritime prepositioning ship program enhancement.
Subtitle D--POW/MIA Matters
Sec. 1031. Assistance to family members of Korean conflict and Cold War
POW/MIAs who remain unaccounted for.
Sec. 1032. Requirement for Secretary of Defense to submit
recommendations on certain provisions of law concerning
missing persons.
Sec. 1033. Contact between the Department of Defense and the Ministry
of National Defense of China on POW/MIA issues.
Sec. 1034. Information concerning unaccounted for United States
personnel of the Vietnam conflict.
Sec. 1035. Report on POW/MIA matters concerning North Korea.
Sec. 1036. Disclosure of information concerning unaccounted for United
States personnel from the Korean conflict, the Vietnam
era, and the Cold War.
Subtitle E--Miscellaneous Reporting Requirements
Sec. 1041. Annual report on denial, revocation, and suspension of
security clearances.
Sec. 1042. Report on use of low-enriched uranium as fuel for naval
nuclear reactors.
Subtitle F--Congressional Findings, Policies, Commendations, and
Commemorations
Sec. 1051. Sense of Congress concerning commendation of individuals
exposed to mustard agents during World War II testing
activities.
Sec. 1052. USS Indianapolis (CA-35): gallantry, sacrifice and a
decisive mission to end WW II.
Subtitle G--Other Matters
Sec. 1061. Increased authority to accept voluntary services.
Sec. 1062. Civil Air Patrol.
Sec. 1063. Prohibition on the purchase of surety bonds and other
guarantees for the Department of Defense.
Sec. 1064. Revision of authority for use of Navy installations to
provide prerelease employment training to nonviolent
offenders in State penal systems.
Sec. 1065. Demonstration project for use of Army installations to
provide prerelease employment training to nonviolent
offenders in State penal systems.
Sec. 1066. Interagency placement program for Federal employees affected
by reductions in force.
Sec. 1067. National Museum of Health and Medicine.
Sec. 1068. Assignments of employees between Federal agencies and
federally funded research and development centers.
Sec. 1069. Review of the Bottom Up Review and the Future-Year Defense
Program and establishment of new funding requirements and
priorities.
Sec. 1070. Technical and clerical amendments.
Sec. 1071. Authorization to exchange certain items for transportation
services.
Sec. 1072. Air National Guard fighter aircraft force structure.
Sec. 1073. Sense of Congress concerning visas for high-level officials
of Taiwan.
Sec. 1074. Defense Mapping Agency.
Sec. 1075. Limitation regarding telecommunications requirements.
TITLE XI--DEFENSE CONVERSION, REINVESTMENT, AND TRANSITION ASSISTANCE
Sec. 1101. Short title.
Sec. 1102. Funding of defense conversion, reinvestment, and transition
assistance programs for fiscal year 1995.
Subtitle A--Defense Technology and Industrial Base, Defense
Reinvestment, and Defense Conversion
Sec. 1111. Funding of defense technology reinvestment programs for
fiscal year 1995.
Sec. 1112. Support for technologies with applicability for law
enforcement and military operations other than war.
Sec. 1113. Federal defense laboratory diversification and Navy
reinvestment in the technology and industrial base.
Sec. 1114. Loan guarantees under defense dual-use assistance extension
program.
Sec. 1115. Financial commitment requirements for small business
concerns for participation in technology reinvestment
projects.
Sec. 1116. Conditions on funding of defense technology reinvestment
projects.
Sec. 1117. Use of certain funds pending submission of a national
technology and industrial base periodic defense
capability assessment and a periodic defense capability
plan.
Sec. 1118. Documentation for awards for cooperative agreements or other
transactions under defense technology reinvestment
programs.
Sec. 1119. Comptroller General assessment of extent to which technology
and industrial base programs attain policy objectives.
Subtitle B--Community Adjustment and Assistance Programs
Sec. 1121. Funds for adjustment and diversification assistance for
States and local governments from Office of Economic
Adjustment.
Sec. 1122. Studies and plans for market diversification.
Sec. 1123. Advance community adjustment and economic diversification
planning.
Subtitle C--Personnel Adjustment, Education, and Training Programs
Sec. 1131. Teacher and teacher's aide placement programs.
Sec. 1132. Assistance for eligible members to obtain employment with
law enforcement agencies.
Sec. 1133. Pilot program to place separated members and terminated
defense employees in teaching positions as bilingual math
and science teachers.
Sec. 1134. Demonstration project to assist separated members and
terminated defense workers to become business owners.
Sec. 1135. Demonstration project to promote ship recycling as a method
to assist separated members and terminated defense
workers.
Sec. 1136. Administration and funding of defense diversification
program and defense conversion adjustment program under
Job Training Partnership Act.
Sec. 1137. Assistance for certain workers dislocated due to reductions
by the United States in the export of defense articles
and services.
Subtitle D--Other Matters
Sec. 1141. Extension of Armament Retooling and Manufacturing Support
Initiative and establishment of ARMS initiative loan
guarantee program.
Sec. 1142. Changes in notice requirements upon pending or actual
termination of defense programs.
Sec. 1143. Plan for deployment of defense environmental technologies
for dredging of dual-use ports.
TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
Sec. 1201. Cooperative Threat Reduction programs.
Sec. 1202. Extension of semiannual report on Cooperative Threat
Reduction programs.
Sec. 1203. Report on accounting for United States assistance.
Sec. 1204. Report on control and accountability of material relating to
weapons of mass destruction.
Sec. 1205. Multiyear planning and allied support.
Sec. 1206. Funding limitations on Cooperative Threat Reduction program
for fiscal year 1995.
Sec. 1207. Report on offensive biological warfare program of the States
of the former Soviet Union.
Sec. 1208. Coordination of certain Cooperative Threat Reduction
programs.
Sec. 1209. Sense of Congress concerning safe and secure dismantlement
of Soviet nuclear arsenal.
TITLE XIII--MATTERS RELATING TO ALLIES AND OTHER NATIONS
Subtitle A--Matters Relating to NATO
Sec. 1301.Cooperative research and development agreements with NATO
organizations.
Sec. 1302. North Atlantic Treaty Organization.
Sec. 1303. Authorized end strength for military personnel in Europe.
Sec. 1304. Allied share of installations costs.
Sec. 1305. Payments-in-kind for release of United States overseas
military facilities to NATO host countries.
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Sec. 1306. George C. Marshall European Center for Security Studies.
Sec. 1307. Sense of the Senate concerning participation in allied
defense cooperation.
Subtitle B--Matters Relating to Several Countries
Sec. 1311. Limitation on obligation of funds for overseas basing
activities.
Sec. 1312. Clarification and codification of overseas military end
strength limitation.
Sec. 1313. Cost-sharing policy and report.
Sec. 1314. Report assessing the national security consequences of
United States military cooperation programs.
Sec. 1315. Review and report regarding Department of Defense programs
relating to regional security and host nation development
in the Western Hemisphere.
Sec. 1316. Military-to-military contacts and comparable activities.
Sec. 1317. Extension of authority to enter into certain cooperative
agreement authorities to include the United Nations and
regional organizations of which the United States is a
member.
Sec. 1318. Permanent authority for Department of Defense to share
equitably the costs of claims under international
armaments cooperative programs.
Subtitle C--Matters Relating to Specific Countries
Sec. 1321. Defense cooperation between the United States and Israel.
Sec. 1322. Readiness of military forces of the Republic of Korea.
Sec. 1323. Military planning for the size and structure of a force
required for a major regional contingency on the Korean
peninsula.
Sec. 1324. Sense of Congress concerning the North Korean nuclear
weapons development program.
Sec. 1325. Report on security relationship between the United States
and Japan.
TITLE XIV--PEACE OPERATIONS AND HUMANITARIAN ASSISTANCE ACTIVITIES
Subtitle A--Peace Operations
Sec. 1401. Reports on reforming United Nations peace operations.
Sec. 1402. Report on military readiness implications of Bosnia
peacekeeping deployment.
Sec. 1403. Report on intelligence lessons learned from United States
activities in Somalia.
Sec. 1404. Bosnia and Herzegovina.
Subtitle B--Assistance Activities
Sec. 1411. Overseas Humanitarian, Disaster, and Civic Aid Programs.
Sec. 1412. Foreign disaster assistance.
Sec. 1413. Humanitarian assistance program for clearing landmines.
TITLE XV--ARMS CONTROL MATTERS
Sec. 1501. Extension and revision of nonproliferation authorities.
Sec. 1502. Joint Committee for Review of Counterproliferation Programs
of the United States.
Sec. 1503. Reports on counterproliferation activities and programs.
Sec. 1504. Amounts for counterproliferation activities.
Sec. 1505. Studies relating to United States counterproliferation
policy.
Sec. 1506. Restriction relating to submission of report on
proliferation of foreign military satellites.
Sec. 1507. Limitation on funds for studies pending receipt of
previously required report.
Sec. 1508. Sense of Congress concerning indefinite extenstion of
Nuclear Nonproliferation Treaty.
Sec. 1509. Negotiation of limitations on nuclear weapons testing.
TITLE XVI--RESERVE OFFICER PERSONNEL MANAGEMENT ACT (ROPMA)
Sec. 1601. Short title; table of contents.
Sec. 1602. References to title 10, United States Code.
Subtitle A--Reserve Officer Personnel Management
Part I--Revised and Standardized Reserve Officer Personnel System
Sec. 1611. Promotion and retention of reserve officers.
Part II--Conforming Amendments
Sec. 1621. Definition of reserve active-status list.
Sec. 1622. Authority to suspend officer personnel laws during war or
national emergency.
Sec. 1623. Active-duty list promotion boards to have authority to
recommend that reserve officers considered for promotion
be required to show cause for retention on active duty.
Sec. 1624. Applicability of chapter 36 to reserve officers during war
or national emergency.
Sec. 1625. Grade in which reserve officers are ordered to active duty.
Sec. 1626. Date of rank.
Sec. 1627. Discharge before completion of required service in case of
officers having twice failed of selection for captain or
navy lieutenant.
Sec. 1628. Conforming amendments relating to Navy and Marine Corps
officers.
Sec. 1629. Repeal of reserve officer personnel policy laws.
Sec. 1630. Amendments to title 32, United States Code.
Subtitle B--Other Personnel Policy Amendments
Part I--Appointments
Sec. 1631. Repeal of separate authority for accession of women in
reserve components.
Sec. 1632. Appointment authority for reserve grades of lieutenant
colonel and commander.
Sec. 1633. Appointment of former commissioned officers in reserve
components.
Sec. 1634. Constructive credit for appointment of officers in reserve
components with qualifying education or experience.
Sec. 1635. Computation of years of service for transfer of Army
officers to Retired Reserve.
Sec. 1636. Repeal of miscellaneous obsolete appointment authorities.
Part II--Retirement and Separation
Sec. 1641. Computation of highest grade in which satisfactorily served
for reserve commissioned officers and former officers.
Subtitle C--Reorganization and Consolidation of Laws Relating to
Reserve Components
Sec. 1661. Laws relating to organization and administration of reserve
components.
Sec. 1662. Laws relating to reserve component personnel policy.
Sec. 1663. Laws relating to reserve component training and educational
assistance programs.
Sec. 1664. Laws relating to reserve component procurement and
equipment.
Sec. 1665. Legislative construction.
Subtitle D--Technical and Clerical Amendments
Sec. 1671. Amendments to subtitle A of title 10, United States Code.
Sec. 1672. Amendments to subtitle B of title 10, United States Code.
Sec. 1673. Amendments to subtitle C of title 10, United States Code.
Sec. 1674. Amendments to subtitle D of title 10, United States Code.
Sec. 1675. Amendments to subtitle E of title 10, United States Code.
Sec. 1676. Amendments to titles 32 and 37, United States Code.
Sec. 1677. Amendments to other laws.
Subtitle E--Transition Provisions
Sec. 1681. Continuation on the reserve active-status list of certain
reserve colonels of the Army and Air Force.
Sec. 1682. Effects of selection for promotion and failure of selection
for Army and Air Force officers.
Sec. 1683. Effects of selection for promotion and failure of selection
for Navy and Marine Corps officers.
Sec. 1684. Delays in promotions and removals from promotion list.
Sec. 1685. Minimum service qualifications for promotion.
Sec. 1686. Establishment of reserve active-status list.
Sec. 1687. Preservation of relative seniority under the initial
establishment of the reserve active-status list.
Sec. 1688. Grade on transfer to the Retired Reserve.
Sec. 1689. Rights for officers with over three years service.
Sec. 1690. Mandatory separation for age for certain reserve officers of
the Navy and Marine Corps.
Subtitle F--Effective Dates and General Savings Provisions
Sec. 1691. Effective dates.
Sec. 1692. Preservation of suspended status of laws suspended as of
effective date.
Sec. 1693. Preservation of preexisting rights, duties, penalties, and
proceedings.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Authorization of military construction project at Fort
Bragg, North Carolina, for which funds have been
appropriated.
Sec. 2106. Relocation of Army family housing units from Fort Hunter
Liggett, California, to Fort Stewart, Georgia.
Sec. 2107. Highway safety at Hawthorne Army Ammunition Plant, Nevada.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Restoration of authority to carry out military construction
project at Naval Supply Center, Pensacola, Florida.
Sec. 2206. Design activities for upgrade of Mayport Naval Station,
Florida.
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Sec. 2207. Relocation of Pascagoula Coast Guard Station, Mississippi.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Authorization of military construction projects at Tyndall
Air Force Base, Florida, for which funds have been
appropriated.
Sec. 2306. Revision of authorized family housing project at Tyndall Air
Force Base, Florida.
Sec. 2307. Modification of Air Force Plant No. 3, Tulsa, Oklahoma.
Sec. 2308. Repeal of limitation on order of retirement of Minuteman II
missiles.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Family housing.
Sec. 2403. Improvement to military family housing units.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Community impact assistance with regard to Naval Weapons
Station, Charleston, South Carolina.
Sec. 2407. Planning and design for construction in support of
consolidation of operations of the Defense Finance and
Accounting Service.
Sec. 2408. Modification of authority to carry out fiscal year 1993
project.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2602. Prohibition on use of funds for unauthorized Guard and
Reserve projects.
Sec. 2603. Authorization of projects for which funds have been
appropriated.
Sec. 2604. State National Guard headquarters, Fort Dix, New Jersey.
Sec. 2605. Colorado State Area Command Armory, Englewood, Colorado.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1992
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1991
projects.
Sec. 2704. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Limitation on repair of existing facilities.
Sec. 2802. Clarification of requirement for notification of Congress of
improvements in family housing units.
Sec. 2803. Limited partnerships for Navy housing.
Sec. 2804. Reimbursement for services provided by the Department of
Defense incident to construction, maintenance, or repair
projects to real property.
Sec. 2805. Authority to pay closing costs under Homeowners Assistance
Program.
Subtitle B--Defense Base Closure and Realignment
Sec. 2811. Prohibition against consideration in base closure process of
advance conversion planning undertaken by potential
affected communities.
Sec. 2812. Consultation regarding personal property located at military
installations to be closed.
Sec. 2813. Clarifying and technical amendments to base closure laws.
Sec. 2814. Government rental of facilities located on closed military
installations.
Sec. 2815. Report of effect of base closures on future mobilization
options.
Sec. 2816. Restoration of annual leave for civilian employees in
connection with certain base realignments.
Sec. 2817. Agreements of settlement for release of improvements at
overseas military installations.
Subtitle C--Changes to Existing Land Conveyance Authority
Sec. 2821. Additional lessee of property at Naval Supply Center,
Oakland, California.
Sec. 2822. Modification of land conveyance, Fort A.P. Hill Military
Reservation, Virginia.
Sec. 2823. Preservation of Calverton Pine Barrens, Naval Weapons
Industrial Reserve Plant, New York, as nature preserve.
Sec. 2824. Release of reversionary interest retained as part of
conveyance of electricity distribution system, Fort Dix,
New Jersey.
Sec. 2825. Modification of land conveyance, Fort Knox, Kentucky.
Sec. 2826. Revisions to release of reversionary interest, Old Spanish
Trail Armory, Harris County, Texas.
Sec. 2827. Modification of height restriction in avigation easement.
Sec. 2828. Technical amendment to correct reference in land
transaction.
Subtitle D--Land Conveyances
Sec. 2831. Land conveyance, Air Force Plant No. 3, Tulsa, Oklahoma.
Sec. 2832. Land conveyance, Air Force Plant No. 59, Johnson City
(Westover), New York.
Sec. 2833. Land conveyance, Naval Weapons Industrial Reserve Plant,
Calverton, New York.
Sec. 2834. Land conveyance, Radar Bomb Scoring Site, Dickinson, North
Dakota.
Sec. 2835. Land conveyance, Finley Air Force Station, Finley North
Dakota.
Sec. 2836. Land conveyance, Cornhusker Army Ammunition Plant, Hall
County, Nebraska.
Sec. 2837. Land conveyance, Hawthorne Army Ammunition Plant, Mineral
County, Nevada.
Sec. 2838. Land conveyance, Fort Dix, New Jersey.
Sec. 2839. Land conveyance, Defense Fuel Supply Point, Casco Bay,
Maine.
Sec. 2840. Land conveyance, Army Reserve Facility, Rio Vista,
California.
Sec. 2841. Lease of property, Naval Shipyard, Vallejo, California.
Sec. 2842. Lease of property, Naval Radio Receiving Facility, Imperial
Beach, Coronado, California.
Sec. 2843. Authority for Oxnard Harbor District, Port Hueneme,
California, to use certain Navy property.
Sec. 2844. Transfer of jurisdiction, Air Force housing at Radar Bomb
Scoring Site, Holbrook, Arizona.
Sec. 2845. Transfer of jurisdiction, Holloman Air Force Base, New
Mexico.
Sec. 2846. Transfer of jurisdiction, Fort Devens, Massachusetts.
Sec. 2847. Release of requirements and reversionary interest on certain
property in Baltimore, Maryland.
Sec. 2848. Release of reversionary interest on certain property in York
County and James City County, Virginia, and Newport News,
Virginia.
Subtitle E--Other Matters
Sec. 2851. Joint construction contracting for commissaries and
nonappropriated fund instrumentality facilities.
Sec. 2852. National Guard facility contracts subject to performance
supervision by Army or Navy.
Sec. 2853. Repeal of restrictions on land transactions relating to
Presidio of San Francisco, California.
Sec. 2854. Report on use of funds for environmental restoration at
Cornhusker Army Ammunition Plant, Hall County, Nebraska.
Sec. 2855. Engineering, design, construction, and related services for
Women in Military Service for America Memorial.
Sec. 2856. Sense of the Senate on authorization of funds for military
construction projects not requested in the President's
annual budget request.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Nuclear materials support and other defense programs.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B--Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Transfer authority.
Sec. 3125. Construction design and conceptual design for construction
projects.
Sec. 3126. Authority for emergency planning, design, and construction
activities.
Sec. 3127. Funds available for all national security programs of the
Department of Energy.
Sec. 3128. Availability of funds.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Stockpile stewardship recruitment and training program.
Sec. 3132. Defense inertial confinement fusion program.
Sec. 3133. Payment of penalties.
Sec. 3134. Water management programs.
Sec. 3135. Protection of workers at nuclear weapons facilities.
Sec. 3136. Limitation on use of program direction funds.
Sec. 3137. National security programs.
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Sec. 3138. Programs for persons who may have been exposed to radiation
released from Hanford Nuclear Reservation.
Sec. 3139. Limitation on study or relocation of tritium-related
activities and operations.
Sec. 3140. Hazardous materials management and hazardous materials
emergency response training program.
Sec. 3141. International Center for Applied Research.
Subtitle D--Other Matters
Sec. 3151. Accounting procedures for Department of Energy funds.
Sec. 3152. Approval for certain nuclear weapons activities.
Sec. 3153. Study of feasibility of conducting certain activities at the
Nevada Test Site, Nevada.
Sec. 3154. Report on waste streams generated by nuclear weapons
production cycle.
Sec. 3155. Communication of restricted data and formerly restricted
data.
Sec. 3156. Scholarship and fellowship program for environmental
restoration and waste management.
Sec. 3157. Report on economic redevelopment and conversion activities
resulting from reconfiguration of Department of Energy
nuclear weapons complex.
Sec. 3158. Office of Fissile Materials Disposition.
Sec. 3159. Extension of authority to loan personnel and facilities at
Idaho National Engineering Laboratory.
Sec. 3160. Elimination of requirement for five-year plan for defense
nuclear facilities.
Sec. 3161. Authority for appointment of certain scientific,
engineering, and technical personnel.
Sec. 3162. Use of funds for computer declassification system.
Sec. 3163. Safety oversight and enforcement at defense nuclear
facilities.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authorized uses of stockpile funds.
Sec. 3302. Rotation of materials to prevent technological obsolescence.
Sec. 3303. Extension of limitation authority to dispose of chromium
ferro and manganese ferro.
Sec. 3304. Limitation on authority to dispose of zinc.
Sec. 3305. Limitations on disposal of chromite and manganese ores.
Sec. 3306. Report on domestic production of high purity electrolytic
chromium metal.
TITLE XXXIV--CIVIL DEFENSE
Subtitle A--Authorization of Appropriations
Sec. 3401. Authorization of appropriations.
Subtitle B--Reenactment of Federal Civil Defense Act of 1950 in the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
Sec. 3411. Restatement of Federal civil defense authorities in the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act.
Sec. 3412. Repeal of Federal Civil Defense Act of 1950.
TITLE XXXV--NAVAL PETROLEUM RESERVES
Sec. 3501. Authorization of appropriations.
Sec. 3502. Price requirement on sale of certain petroleum during fiscal
year 1995.
Sec. 3503. Extension of operating contract for Naval Petroleum Reserve
Numbered 1.
TITLE XXXVI--PANAMA CANAL COMMISSION
Sec. 3601. Short title.
Sec. 3602. Authorization of expenditures.
Sec. 3603. Expenditures in accordance with other laws.
Sec. 3604. Costs of educational services obtained in the United States.
Sec. 3605. Special immigrant status of Panamanians employed by the
United States in the former Canal Zone.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means the Committees on Armed Services and the
Committees on Appropriations of the Senate and House of
Representatives.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal
year 1995 for procurement for the Army as follows:
(1) For aircraft, $1,289,452,000.
(2) For missiles, $818,709,000.
(3) For weapons and tracked combat vehicles,
$1,159,214,000.
(4) For ammunition, $902,821,000.
(5) For other procurement, $2,624,707,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 1995 for procurement for the Navy as follows:
(1) For aircraft, $4,491,845,000.
(2) For weapons, including missiles and torpedoes,
$2,076,625,000.
(3) For shipbuilding and conversion, $5,619,897,000.
(4) For other procurement, $3,287,487,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 1995 for procurement for the
Marine Corps in the amount of $403,410,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby
authorized to be appropriated for procurement of ammunition
for Navy and the Marine Corps in the amount of $449,815,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal
year 1995 for procurement for the Air Force as follows:
(1) For aircraft, $6,489,467,000.
(2) For missiles, $3,732,845,000.
(3) For ammunition, $251,546,000.
(4) For other procurement, $6,929,170,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal
year 1995 for Defense-wide procurement in the amount of
$1,891,371,000.
SEC. 105. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fiscal
year 1995 for procurement of aircraft, vehicles,
communications equipment, and other equipment for the reserve
components of the Armed Forces as follows:
(1) For the Army National Guard, $20,000,000.
(2) For the Air National Guard, $260,000,000.
(3) For the Army Reserve, $50,000,000.
(4) For the Naval Reserve, $80,000,000.
(5) For the Air Force Reserve, $50,000,000.
(6) For the Marine Corps Reserve, $50,000,000.
SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.
(a) Authorization.--There is hereby authorized to be
appropriated for fiscal year 1995 the amount of $599,549,000
for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare material of the
United States that is not covered by section 1412 of such
Act.
(b) Limitation.--Of the funds specified in subsection (a)--
(1) $363,584,000 is for operations and maintenance;
(2) $215,265,000 is for procurement; and
(3) $20,700,000 is for research and development efforts in
support of the chemical weapons program.
(c) Authority for Obligation of Unauthorized
Appropriations.--The Secretary of Defense may obligate funds
appropriated for research, development, test, and evaluation
of alternative technologies under the heading ``Chemical
Agents and Munitions Destruction, Defense'' in title VI of
Public Law 103-139 (107 Stat. 1436).
Subtitle B--Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR ARMY PROGRAMS.
(a) M1A2 Tank Upgrade.--The Secretary of the Army may, in
accordance with statutory multiyear contract authority, enter
into multiyear procurement contracts for procurement of
upgrades of M1 Abrams tanks to the M1A2 Abrams configuration.
(b) Avenger Air Defense Missile System.--Notwithstanding
the limitation on statutory multiyear contract authority
relating to the maximum duration of a multiyear contract
under that authority, the Secretary of the Army may extend
the multiyear contract in effect during fiscal year 1994 for
the Avenger air defense missile system for a sixth program
year and may award such an extension.
(c) Statutory Multiyear Contract Authority Defined.--For
purposes of this section, the term ``statutory multiyear
contract authority'' means--
(1) the authority provided in section 2306(h) of title 10,
United States Code; or
(2) if the Federal Acquisition Steamlining Act of 1994 is
enacted during the second session of the One Hundred Third
Congress, the authority provided in section 2306b of title
10, United States Code, as added by the Federal Acquisition
Steamlining Act of 1994 (restating the authorities previously
provided in section 2306(h) of such title).
SEC. 112. TRANSFER TO MARINE CORPS OF M1A1 TANKS REPLACED BY
M1A2 UPGRADES.
(a) In General.--The Secretary of the Army shall transfer
M1A1 common tanks to the Marine Corps Reserve in accordance
with this section.
(b) Number of Tanks To Be Transferred.--The number of tanks
to be transferred to the Marine Corps Reserve under this
section is the number (if greater than zero) equal to the
difference between--
(1) the number of M1A2 Abrams tank upgrades for which funds
are authorized for fiscal year 1995 or (if lower) the number
of such upgrades for which funds are appropriated for fiscal
year 1995; and
(2) the number of such upgrades requested in the budget of
the President for fiscal year 1995.
(c) Timing for Transfers.--Of the M1 tanks selected to be
upgraded to the M1A2 configuration using funds provided for
fiscal year 1995, the Secretary of the Army shall designate
specific tanks, in the number of such tanks to be upgraded in
excess of the number requested to be upgraded in the
[[Page 1613]]
budget of the President, as constituting the additional M1A2
tank upgrades for which funds were provided in excess of the
number requested in the budget. With respect to each such
tank so designated, the Secretary may not accept delivery
from the contractor of that tank until the Secretary has
transferred to the Marine Corps Reserve one M1A1 common tank
(in addition to any previously transferred).
SEC. 113. TRANSFER OF M1A1 TANKS TO THE MARINE CORPS.
(a) Transfers Authorized.--As M1A1 tanks of the Army become
excess to the requirements of the active component of the
Army, the Secretary of the Army shall transfer to the Marine
Corps 84 of such tanks selected by the Secretary of the Army
to complete the requirements for tanks of the active
component of the Marine Corps. Any such transfer shall be
made at no expense to the Army.
(b) Limitation on Tank Transfers to Army National Guard.--
After the date of the enactment of this Act, the Secretary of
the Army may not transfer an M1A1 tank to the Army National
Guard until, with respect to that transfer, the Secretary has
transferred a separate M1A1 tank to the Marine Corps (in
addition to any M1A1 tanks previously transferred to the
Marine Corps). The limitation in the preceding sentence shall
remain in effect until the Secretary has transferred to the
Marine Corps under this section the total number of tanks
specified in subsection (a).
(c) Condition of Tanks.--The tanks transferred to the
Marine Corps pursuant to this section shall be in a material
condition comparable to the material condition of the tanks
transferred to the National Guard.
(d) Treatment of Certain Transferred Tanks Under
Limitations.--Transfers of tanks under section 112 shall not
be counted for purposes of this section.
SEC. 114. EXCEPTION TO MANDATORY RETIREMENT OF OV-1 AIRCRAFT
FOR AIRCRAFT DEPLOYED IN KOREA.
(a) Exception to Mandatory Retirement.--The first sentence
of subsection (b)(2) of section 1439 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510;
104 Stat. 1689) shall not apply with respect to OV-1 Mohawk
surveillance aircraft deployed in Korea in a number not in
excess of the number of such aircraft deployed in Korea on
the date of the enactment of this Act.
(b) Exception to Prohibition on Use of Funds.--The
provisions of subsection (a) of that section shall not apply
with respect to the operation and maintenance of aircraft
covered by subsection (a) of this section.
SEC. 115. SMALL ARMS INDUSTRIAL BASE.
(a) Funding for Procurement.--Of the funds authorized to be
appropriated pursuant to section 101(3), $93,683,000 is
available for procurement of small arms weapons as follows:
(1) $38,902,000 for the MK19-3 grenade machine gun.
(2) $13,000,000 for the M16A2 rifle.
(3) $28,616,000 for the M249 squad automatic weapon.
(4) $13,165,000 for the M4 carbine.
(b) Multiyear Contracts Authorized.--(1) During fiscal year
1995, the Secretary of the Army may, in accordance with
section 2306(h) of title 10, United States Code, enter into
multiyear contracts to meet the following objectives for
quantities of small arms weapons to be procured for the Army:
Weapon Quantity
MK19-3 grenade machine gun....................................21,217
M16A2 rifle................................................1,002,277
M249 squad automatic weapon...................................71,769
M4 carbine...................................................132,510.
(2) If the Army does not enter into contracts during fiscal
year 1995 that will meet all the objectives set forth in
paragraph (1), the Secretary shall, to the extent provided
for in appropriations Acts, enter into multiyear contracts
during subsequent fiscal years to meet those objectives.
(c) Follow-On Weapons.--The Secretary of the Army shall
provide for procurement of product improvements for existing
small arms weapons and may do so within multiyear contracts
entered into pursuant to subsection (b).
(d) Joint Small Arms Master Plan.--(1) The Secretaries of
the military departments shall jointly develop a master plan
for meeting the immediate and future needs of the Armed
Forces for small arms. The Secretary of the Army shall
coordinate the development of the joint small arms master
plan. The joint small arms master plan shall include--
(A) an examination of the relative advantages and
disadvantages of improving existing small arms weapons as
compared to investing in new, advanced technology weapons;
and
(B) an analysis of the effects of each such approach on the
small arms industrial base.
(2) Not later than April 1, 1995, the Under Secretary of
Defense for Acquisition and Technology shall--
(A) review the joint small arms master plan and the results
of the examination of relative advantages and disadvantages
of the two courses of action described in paragraph (1); and
(B) transmit the plan, together with any comments that the
Under Secretary considers appropriate, to Congress.
(e) Funding for RDT&E.--Of the funds authorized to be
appropriated under section 201(1)--
(1) $5,000,000 shall be available for the Objective Crew-
Served Weapons System; and
(2) $3,000,000 shall be available for product improvements
to existing small arms weapons.
SEC. 116. BUNKER DEFEAT MUNITION ACQUISITION PROGRAM.
The Secretary of the Army, in acquiring munitions under the
bunker defeat munition weapons acquisition program--
(1) may acquire only those munitions that are designated as
``type classified, limited procurement for contingency
operations''; and
(2) may not acquire more than 6,000 such munitions.
SEC. 117. PROCUREMENT OF HELICOPTERS.
(a) AH-64 Apache Aircraft.--The prohibition in section
132(a)(2) of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat.
1382) does not apply to the obligation of funds in amounts
not to exceed $72,000,000 for the procurement of not more
than 6 AH-64 aircraft from funds appropriated for fiscal year
1995 pursuant to section 101.
(b) OH-58D AHIP Aircraft.--The prohibition in section
133(a)(2) of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat.
1383) does not apply to the obligation of funds in amounts
not to exceed $150,000,000 for the procurement of not more
than 24 OH-58D AHIP Scout aircraft from funds appropriated
for fiscal year 1995 pursuant to section 101.
Subtitle C--Navy Programs
SEC. 121. NUCLEAR AIRCRAFT CARRIER PROGRAM.
(a) Transfer of Fiscal Year 1994 Funds.--There is hereby
authorized to be transferred to the Shipbuilding and
Conversion, Navy, appropriation account for fiscal year 1995
the amount of $1,200,000,000, to be derived from the National
Defense Sealift Fund.
(b) Availability for CVN-76.--Funds transferred pursuant to
the authorization in subsection (a) shall be available for
the CVN-76 nuclear aircraft carrier program.
SEC. 122. SEAWOLF SUBMARINE PROGRAM.
(a) Limitation on Program Cost.--Except as provided in
subsection (b), the total amount obligated on or expended for
procurement of the SSN-21 and SSN-22 Seawolf submarines may
not exceed $4,759,571,000.
(b) Automatic Increase of Limitation Amount.--The amount of
the limitation set forth in subsection (a) is increased by
the following amounts:
(1) The amounts of outfitting costs and post-delivery costs
incurred for the submarines referred to in such subsection.
(2) The amounts of increases in costs attributable to
economic inflation.
(3) The amounts of increases in costs attributable to
compliance with changes in Federal, State, or local laws.
SEC. 123. GUIDANCE SETS FOR TRIDENT II MISSILES.
(a) Limitation.--Funds appropriated for fiscal year 1995
for the Navy pursuant to section 102 may not be obligated to
procure more than 14 Mark-6 guidance sets for Trident II (D-
5) missiles until the certification specified in subsection
(b) has been submitted to Congress.
(b) Certification.--A certification referred to in
subsection (a) is a certification by the Secretary of Defense
that it is necessary to procure (with funds referred to in
subsection (a)) more than 14 Mark-6 guidance sets for Trident
II (D-5) missiles because a failure to do so would pose an
unacceptable risk to the long-term readiness and reliability
of the Trident II (D-5) missile program.
SEC. 124. PROHIBITION ON TRIDENT II BACKFIT.
(a) Limitation.--The Secretary of the Navy may not modify
any Trident I submarine to enable that submarine to be
deployed with Trident II (D-5) missiles.
(b) Waiver Authority.--If the Secretary of Defense
determines that adherence to the prohibition in subsection
(a) would result in a significant national security risk to
the United States, the Secretary may waive that prohibition.
Such a waiver may not take effect until the Secretary submits
to Congress a certification of that determination and of the
reasons for that determination.
SEC. 125. INCLUSION OF CONVERSION OF VESSELS IN FAST SEALIFT
PROGRAM.
Section 1424 of the National Defense Authorization Act for
Fiscal Year 1991 (10 U.S.C. 7291 note) is amended--
(1) in subsection (a), by inserting ``, or conversion and
operation,'' after ``construction and operation''; and
(2) in subsection (b)--
(A) by inserting ``or converted'' after ``constructed''
each place it appears; and
(B) by inserting ``or conversion'' after ``Construction''
in paragraph (3).
SEC. 126. LIMITATION ON PROCUREMENT OF TAGS VESSELS.
(a) Limitation.--The Secretary of the Navy may not obligate
funds for any of the vessels designated as TAGS-63, TAGS-64,
or TAGS-65 unless the Secretary certifies to Congress that
the multibeam sonars to be used on those vessels (whether new
or remanufactured) have been obtained through the use of
competitive acquisition procedures.
(b) National Security Waiver.--The Secretary of the Navy
may waive the limitation in subsection (a) for reasons of
national security. Such a waiver may not take effect until
the Secretary submits to Congress a report giving notice of
the waiver and an explanation of the national security
reasons for the waiver.
SEC. 127. NAVAL AMPHIBIOUS READY GROUPS.
(a) Findings.--Congress makes the following findings:
(1) Amphibious Assault Ships (LHDs) provide an important
contingency capability
[[Page 1614]]
and are uniquely suited to respond to world crises and to
provide assistance after natural disasters.
(2) Extensive testimony received by the Committee on Armed
Services of the Senate in 1994 and prior years from military
and civilian officials of the Department of Defense provided
compelling support for a military requirement for 12
Amphibious Ready Groups.
(3) Twelve Amphibious Ready Groups is the correct number of
amphibious ready groups necessary to sustain forward
deployment and contingency requirements of the Navy.
(4) A report of the Department of the Navy (prepared
pursuant to requirements of the National Defense
Authorization Act for Fiscal Year 1993) clearly stipulates
that a seventh LHD amphibious assault vessel is required in
order for the Navy to achieve a force of 12 Amphibious Ready
Groups.
(5) A significant shortfall in amphibious shipping and
amphibious lift exists, both in the fiscal year 1995 budget
request and in outyear force structure projections.
(6) The Department of the Navy has identified funds in
outyear budget projections for the purchase of the amphibious
assault vessel designated as LHD-7.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of the Navy--
(1) should plan for, and budget to provide for, the
attainment of a twelfth Amphibious Ready Group as soon as
possible; and
(2) should extend the existing contract option on the LHD-7
Amphibious Assault Ship to facilitate achieving 12 Amphibious
Ready Groups.
(c) LHD-7 Contract Option Extension.--(1) The Secretary of
the Navy is authorized to extend the existing contract option
for the LHD-7 Amphibious Assault ship if the Secretary
determines that the extension would be in the best interest
of the United States.
(2) The Secretary of the Navy shall immediately begin
negotiations to extend the existing contract option for the
LHD-7 Amphibious Assault Ship Program.
(3) On and after the date that is 30 days after the date on
which the Secretary notifies Congress of an intention to do
so, the Secretary may use for such contract option extension
funds that are authorized to be appropriated for other Navy
programs. The notification shall include a description of the
intended use of the funds.
(d) Report Requirement.--The Secretary of the Navy shall
submit to Congress, after December 31, 1994, but before March
31, 1995, a report stating the Secretary's intentions
regarding exercise of the existing contract option for the
LHD-7 Amphibious Assault Ship. The report shall include an
explanation of the Secretary's actions regarding attainment
of a twelfth Amphibious Ready Group and the costs and
benefits of extending the existing contract option on the
LHD-7 Amphibious Assault Ship.
Subtitle D--Air Force Programs
SEC. 131. INTERTHEATER AIRLIFT PROGRAMS.
(a) Authorization.--Of the amount provided in section 103
for procurement of aircraft for the Air Force--
(1) $103,707,000 shall be available for Non-Developmental
Alternative Aircraft procurement; and
(2) $2,364,622,000 shall be available for the C-17 aircraft
program, of which--
(A) $2,168,614,000 is for procurement of six C-17 aircraft;
(B) $189,900,000 is for advance procurement of up to eight
C-17 aircraft for fiscal year 1996; and
(C) $6,108,000 is for C-17 modifications.
(b) Requirement for Competition.--The Secretary of Defense
shall use competitive procedures in selecting a source for
the aircraft to be procured as Non-Developmental Alternative
Aircraft under subsection (a).
(c) Notice to Congress.--Funds described in subsection (a)
may not be obligated for procurement under subsection (a)
until 60 days after the date on which the Secretary of
Defense submits to Congress a report describing the
Secretary's plan for the obligation of those funds.
(d) Preservation of Intertheater Airlift Capacity.--It is
the sense of Congress that the Secretary of Defense, in
acquiring aircraft using funds provided in accordance with
subsection (a), should structure the acquisition of those
aircraft so as to preserve the aggregate intertheater airlift
capacity of the Air Force (measured in millions of ton-miles
per day) as of the date of the enactment of this Act.
SEC. 132. SETTLEMENT OF CLAIMS UNDER THE C-17 AIRCRAFT
PROGRAM.
(a) Authorization for Supplemental Agreements and Contract
Modifications.--(1) The Secretary of the Air Force may
(subject to subsection (e)) enter into supplemental
agreements and contract modifications pertaining to contracts
specified in paragraph (2) in order to do any of the
following:
(A) Settle claims and disputes arising under those
contracts as provided in the C-17 settlement agreement.
(B) Revise the delivery schedules under those contracts as
provided in the C-17 settlement agreement for the aircraft
designated as T-1 and P-1 through P-6.
(C) Revise range specifications, payload specifications,
and other specifications under those contracts as provided in
Attachment B to the letter (described in subsection (i))
setting forth the C-17 settlement agreement.
(2) This section applies to the following contracts:
(A) Air Force prime contract F33657-81-C-2108 (relating to
the C-17 aircraft program).
(B) Such other Air Force contracts relating to the C-17
aircraft program (entered into before, on, or after the date
of the enactment of this Act) as the Secretary of the Air
Force determines to be appropriate.
(b) Further Consideration From Contractor Not Required.--
The Secretary of the Air Force may enter into a supplemental
agreement or contract modification under subsection (a)
without requiring further consideration from the contractor
for the benefit to be derived by the contractor under that
agreement or modification only to the extent provided for in
the C-17 settlement agreement.
(c) Release of Contractor Claims.--Any supplemental
agreement or contract modification entered into under
subsection (a) shall, as provided in the C-17 settlement
agreement, require that the prime contractor release the
Government from any contractual claim, demand, request for
equitable adjustment, or other cause of action, known or
unknown, that the prime contractor may have against the
Government on or before January 6, 1994, arising out of the
C-17 program contracts.
(d) Contract Modifications Regarding Contractor
Commitments.--(1) The Secretary of the Air Force shall
incorporate into each appropriate C-17 contract the
commitment of the prime contractor to make C-17 program
changes as described in paragraph (2) on a nonreimbursable or
cost-share basis.
(2) Paragraph (1) applies to the commitment of the prime
contractor provided in the C-17 settlement agreement to make
the following C-17 program changes:
(A) Extend the flight test program.
(B) Redesign the wing.
(C) Implement Computer Aided Design/Computer Aided
Manufacturing System improvements, Management Information
System improvements, and Advanced Quality System
improvements.
(D) Implement product improvement cost reduction projects.
(E) Resolve other C-17 program issues.
(e) Required Certification.--The Secretary of the Air Force
may not enter into a supplemental agreement or contract
modification under subsection (a) until 30 days after the
date on which the Secretary of Defense submits to Congress a
written certification of each of the following:
(1) That the terms and conditions set forth in the C-17
settlement agreement, including the terms and conditions
relating to the settlement of claims, are in the best
interest of the Government for a total procurement under the
C-17 program that could be as few as 40 aircraft.
(2) That the membership of the Defense Science Board C-17
Task Force has advised the Secretary of Defense that, for a
total procurement quantity of as few as 40 aircraft, the
terms and conditions set forth in the C-17 settlement
agreement, including the terms and conditions relating to
settlement of claims, are in the best interest of the
Government.
(3) That the Secretary will establish specific not-to-
exceed costs estimates for production lots VII through XI and
will provide that cost information to Congress not later than
March 1, 1995.
(4) That during fiscal year 1995 no funds available to the
Department of Defense will be used to relax performance
requirements specified in the acquisition program baseline
beyond the extent provided for in the C-17 settlement
agreement.
(5) That the Secretary will transmit to Congress milestones
and exit criteria for the C-17 not later than March 1, 1995.
(6) That nothing in the C-17 settlement agreement releases
the contractor from any potential liability for fraud or
criminal violations.
(f) Restriction on Use of DOD Funds for Development of
Alternative Aircraft.--No funds appropriated to the
Department of Defense for fiscal year 1995 may be used to
design, develop, or produce a modified version of the C-17
aircraft that could be considered to be a nondevelopmental
alternative aircraft for purposes of future Department of the
Air Force competitions for intertheater airlift requirements.
(g) Other Contractor Obligations.--Nothing in this section
shall be construed as relieving the prime contractor for the
C-17 aircraft from any obligation provided for in the C-17
settlement agreement.
(h) C-17 Settlement Agreement Defined.--For purposes of
this section, the term ``C-17 settlement agreement'' means
the settlement agreement that was proposed to the prime
contractor for the C-17 aircraft program by the Under
Secretary of Defense for Acquisition and Technology by letter
dated January 3, 1994, and that was accepted by that prime
contractor on January 6, 1994.
(i) Expiration of Authority.--The authority of the
Secretary of the Air Force to enter into agreements and
contract modifications under subsection (a) expires at the
close of September 30, 1995.
SEC. 133. HEAVY BOMBER FORCE REQUIREMENTS.
(a) Requirements Study.--The Secretary of Defense shall
carry out a study of bomber force requirements of the
Department of Defense. The Secretary shall submit to Congress
a report on the results of the study not later than April 15,
1995. The study shall address, for each of the target years
1998, 2006, and 2014, the following:
(1) Realistic alternative mixes of bombers constituting the
bomber force and whether,
[[Page 1615]]
for each of the alternative mixes, the bomber force so
produced can meet well-defined national security
requirements.
(2) The incremental levels of munitions requirements,
bomber upgrade requirements, and other support requirements
for implementation of each of the alternative mixes.
(3) The cost of implementation, affordability of
implementation, and time required for implementation of each
of the alternative mixes.
(4) The sensitivity to small changes in assumptions of the
capabilities of the bomber force produced by each of the
alternative mixes to meet mission requirements.
(b) Further Alternative Strategies.--If the Secretary
determines in the study carried out under subsection (a) that
the bomber force capabilities are not adequate to meet
requirements for any of the target years considered, the
Secretary shall undertake a further study to examine
alternative strategies for increasing bomber force
capabilities. As part of such examination, the Secretary
shall do the following:
(1) Determine those core bomber industrial capabilities
that are needed to maintain the ability to design, develop,
and produce bomber aircraft in the near-term and in the long-
term and that--
(A) would take extended periods of time or substantial
expense to regenerate; and
(B) are in imminent danger of being lost.
(2) For each strategy examined--
(A) estimate the cost of implementing the strategy;
(B) make a judgment about the affordability of the
strategy; and
(C) assess the time required to implement the strategy.
(c) Second Report.--If the Secretary carries out a study as
provided in subsection (b), the Secretary shall submit to
Congress a report containing the results of the study carried
out under subsection (b) not later than July 1, 1995. The
Secretary shall include in such report the Secretary's
recommendations for assuring the availability of bomber force
capabilities required in the future.
(d) Enhanced Bomber Capability Fund.--(1) Of the amounts
authorized to be appropriated by section 103 for procurement
of aircraft for the Air Force, not more than $125,000,000 is
available for an Enhanced Bomber Capability Fund.
(2) Pending the completion of the studies required by
subsections (a) and (b), the Secretary may obligate up to
$100,000,000 of the amount in such fund--
(A) for those studies; and
(B) for the purpose of preserving those parts of the core
capabilities referred to in subsection (b)(1).
(3) If, as a result of the study carried out under
subsection (b), the Secretary determines that a new-
generation bomber is needed to meet the national security
requirements for bombers, the Secretary may obligate up to
$25,000,000 of the amount in such fund for requirements
formulation and conceptual studies for a conventional-
conflict-oriented lower-cost next-generation bomber.
(e) Limitation on Fund.--None of the amount available for
the Enhanced Bomber Capability Fund may be obligated for
advance procurement of new B-2 aircraft (including long-lead
items).
(f) Bomber Defined.--For purposes of this section, the term
``bombers'' means the B-52, B-1, and B-2 aircraft and other
bomber aircraft that are developed after the enactment of
this Act with similar range and payload characteristics.
SEC. 134. LIMITATION ON RETIREMENT OF BOMBER AIRCRAFT.
No funds available to the Secretary of Defense may be
obligated or expended during fiscal year 1995 for retiring,
or preparing to retire, any B-52H, B-1B, or F-111 bomber
aircraft.
SEC. 135. EVALUATION OF RESTART OF C-5B AIRCRAFT PROCUREMENT.
(a) Evaluation.--The Secretary of the Air Force shall
conduct an evaluation of the costs of restarting production
of C-5B aircraft for the strategic airlift mission. The
evaluation shall include startup costs and production costs
for a production run of from 30 to 70 units.
(b) Report.--The Secretary shall submit to Congress a
report on the evaluation under subsection (a). The report may
be submitted as part of any other report required to be
submitted that relates to intertheater airlift.
Subtitle E--Other Matters
SEC. 141. SALES AUTHORITY OF WORKING-CAPITAL FUNDED ARMY
INDUSTRIAL FACILITIES.
Section 4543(a) of title 10, United States Code, is
amended--
(1) in the matter preceding paragraph (1), by striking out
``nondefense-related commercial'';
(2) by striking out ``and'' at the end of paragraph (3);
(3) by striking out the period at the end of paragraph (4)
and inserting in lieu thereof a semicolon; and
(4) by adding at the end the following new paragraphs:
``(5) the Secretary of the Army determines that the
articles or services are not available from a commercial
source located in the United States;
``(6) the purchaser of an article or service agrees to hold
harmless and indemnify the United States, except in a case of
willful misconduct or gross negligence, from any claim for
damages or injury to any person or property arising out of
the article or service;
``(7) the article to be sold can be manufactured, or the
service to be sold can be substantially performed, by the
industrial facility with only incidental subcontracting;
``(8) it is in the public interest to manufacture such
article or perform such service; and
``(9) the sale will not interfere with performance of the
military mission of the industrial facility.''.
SEC. 142. IDENTIFICATION IN BUDGET OF FUNDS FOR CHEMICAL
DEMILITARIZATION MILITARY CONSTRUCTION
PROJECTS.
Section 1412(f) of the Department of Defense Authorization
Act, 1986 (50 U.S.C. 1521(f)), is amended--
(1) by inserting ``, including funds for military
construction projects necessary to carry out this section,''
after ``carrying out this section''; and
(2) by striking out the last sentence.
SEC. 143. TRANSPORTATION OF CHEMICAL MUNITIONS.
(a) Prohibition of Transportation Across State Lines.--The
Secretary of Defense may not transport any chemical munition
that constitutes part of the chemical weapons stockpile out
of the State in which that munition is located on the date of
the enactment of this Act and, in the case of any such
chemical munition not located in a State on the date of the
enactment of this Act, may not transport any such munition
into a State.
(b) Transportation of Chemical Munitions Not in Chemical
Weapons Stockpile.--In the case of any chemical munitions
that are discovered or otherwise come within the control of
the Department of Defense and that do not constitute part of
the chemical weapons stockpile, the Secretary of Defense may
transport such munitions to the nearest chemical munitions
stockpile storage facility that has necessary permits for
receiving and storing such items if the transportation of
such munitions to that facility--
(1) is considered by the Secretary of Defense to be
necessary; and
(2) can be accomplished while protecting public health and
safety.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 1995 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army $5,319,520,000.
(2) For the Navy, $8,845,854,000.
(3) For the Air Force, $12,475,681,000.
(4) For Defense-wide activities, $9,428,622,000, of which--
(A) $230,495,000 is authorized for the activities of the
Director, Test and Evaluation; and
(B) $12,501,000 is authorized for the Director of
Operational Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLORATORY
DEVELOPMENT.
(a) Fiscal Year 1995.--Of the amounts authorized to be
appropriated by section 201, $4,193,833,000 shall be
available for basic research and exploratory development
projects.
(b) Basic Research and Exploratory Development Defined.--
For purposes of this section, the term ``basic research and
exploratory development'' means work funded in program
elements for defense research and development under
Department of Defense category 6.1 or 6.2.
SEC. 203. STRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOPMENT
PROGRAM.
Of the amounts authorized to be appropriated by section
201, $111,907,000 shall be available for the Strategic
Environmental Research and Development Program.
SEC. 204. MOLECULAR DESIGN MATERIAL SCIENCE.
Of the amount authorized to be appropriated for the Navy by
section 201(2), $10,000,000 shall be used to conduct a
centralized program in molecular design material science.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. SPACE LAUNCH MODERNIZATION.
(a) Policy.--(1) It is in the Nation's long-term national
security and economic interests to regain preeminence in the
area of space launch technology and operations.
(2) Access to space at affordable costs is fundamental to
maintaining required command, control, communications,
intelligence, navigation, weather, and early warning support
to United States and coalition forces.
(3) Encouragement of privately financed, cost effective
expendable and reusable launch vehicles is in the economic
interest of the Department of Defense and the United States
Government.
(b) Finding.--Congress finds that the current Department of
Defense space launch infrastructure has several deficiencies,
including high cost, excessive management overhead,
inadequate operability and responsiveness to satellite launch
requirements, lack of standardization, very large launch
personnel requirements to support launch operations, over
capacity, and technology obsolescence.
(c) Required Actions.--The Secretary of Defense shall take
the following actions in pursuance of the space launch
modernization policy set forth in subsection (a) and to
correct the deficiencies described in subsection (b):
(1) Develop an integrated space launch vehicle strategy
that, if implemented, would
[[Page 1616]]
replace or consolidate the current fleet of medium and heavy
launch vehicles. Where prudent and cost effective, the
strategy should include a plan for the development of new or
upgraded expendable launch vehicles.
(2) Implement improved management practices including
streamlined acquisition approaches, small government program
staff, and minimal program overhead.
(3) Encourage and evaluate innovative acquisition,
technical, and financing (including best commercial
practices) solutions for providing affordable, operable,
reliable, and responsive access to space.
(4) Centralize oversight of launch requirements to ensure
integrated evaluation of satellite requirements and launch
capabilities.
(5) Encourage and provide incentives for the use of
commercial practices in the acquisition, operation, and
support of Department of Defense space operations.
(6) Establish effective coordination among military,
civilian, and commercial launch developers and users.
(d) Allocation of Funds.--Of the amount authorized to be
appropriated in section 201(3), $90,000,000 shall be
available for research, development, test, and evaluation of
non-man-rated space launch systems and technologies. Of that
amount--
(1) $30,000,000 shall be available for a competitive
reusable rocket technology program; and
(2) $60,000,000 shall be available for expendable launch
vehicle technology development and acquisition, as
appropriate.
(e) Transfer of Funds.--The Secretary of Defense shall, to
the extent provided in appropriations Acts, transfer to the
Department of the Air Force the unobligated balance of funds
appropriated for fiscal year 1994 to the Department of
Defense for the Advanced Research Projects Agency for single-
stage to orbit rocket research and development.
(f) Program Plan.--The Secretary of Defense and the
Administrator of the National Aeronautics and Space
Administration shall develop a plan to coordinate the
programs of the Department of Defense and the National
Aeronautics and Space Administration for expendable and
reusable rocket technology demonstrators and technology
development. The Secretary of Defense shall submit to
Congress the plan developed under this subsection.
(g) Limitations.--(1) Funds authorized for appropriation in
subsection (d)(1) may be obligated only--
(A) to the extent that the fiscal year 1995 current
operating plan of the National Aeronautics and Space
Administration allocates at least an equal amount for its
Reusable Space Launch program; and
(B) as specified in the program plan developed and
submitted to Congress pursuant to subsection (f).
(2) Not more than $30,000,000 of the funds authorized in
subsection (d)(2) may be obligated until 30 days after the
Secretary of Defense submits to Congress program plans,
including objectives, milestones, future years defense
program funding, and government-industry cost sharing
considerations, as applicable.
SEC. 212. STANDOFF AIR-TO-SURFACE MUNITIONS TECHNOLOGY
DEMONSTRATION.
(a) In General.--(1) Of the amounts authorized to be
appropriated by section 201(3), up to $2,000,000 may be used
for the conduct of a demonstration of existing
nondevelopmental items that would enable the use of a single
adaptor kit for munitions described in paragraph (2) in order
to give those munitions a near-term standoff and accurate
guided capability. Such kits should be able to be integrated
into aircraft at minimal or no cost.
(2) Paragraph (1) applies to guided and unguided in-
inventory munitions of the class of 1,000 pounds and below.
(b) Report.--The Secretary of the Air Force shall submit to
Congress a report setting forth in detail the results and
costs of the demonstration under subsection (a) and the
applicability of the technology demonstrated in providing the
Armed Forces with an inexpensive near-term solution to
providing both range extension and accurate guided capability
to in-inventory munitions.
SEC. 213. EXTENSION OF PROHIBITION ON TESTING MID-INFRARED
ADVANCED CHEMICAL LASER AGAINST AN OBJECT IN
SPACE.
(a) Prohibition.--The Secretary of Defense may not carry
out a test of the Mid-Infrared Advanced Chemical Laser
(MIRACL) transmitter and associated optics against an object
in space during fiscal year 1995 unless such testing is
specifically authorized by law.
(b) Certain Testing Unaffected.--Nothing in this section is
intended to restrict the use of the Sealite Beam Director for
the purpose of calibrating a satellite sensor, or for the
purpose of imaging an object in space, in conjunction with a
laser device other than the MIRACL device operating at an
average power level not to exceed that used by other laser
devices as of January 1, 1994, at other Department of Defense
facilities for those purposes.
SEC. 214. APPLICABILITY OF CERTAIN ELECTRONIC COMBAT SYSTEMS
TESTING REQUIREMENTS.
(a) Covered Systems.--Subsection (a) of section 220 of the
National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160; 107 Stat. 1589) is amended--
(1) by inserting ``ACAT I level integrated or stand-alone''
before ``electronic combat system''; and
(2) by inserting ``ACAT I level integrated or stand-alone''
before ``command, control, and communications countermeasure
system''.
(b) Applicability.--Subsection (e) of section 220 of such
Act is amended to read as follows:
``(e) Applicability.--The provisions of subsections (a) and
(b) shall apply to an ACAT I level integrated or stand-alone
electronic combat system and to an ACAT I level integrated or
stand-alone command, control, and communications
countermeasure system that has not entered engineering and
manufacturing development as of September 1, 1994.''.
(c) Waiver.--Section 220 of such Act is further amended by
adding at the end the following new subsection:
``(f) Waiver Authority.--(1) The Secretary of Defense may
waive the requirements of subsection (a) with respect to a
system in any case in which the Secretary determines that a
waiver is necessary in the interests of national security.
``(2) Whenever the Secretary proposes to make such a
waiver, the Secretary shall submit to Congress a notice of
the proposed waiver and the reasons for the waiver. The
waiver may then be made only after the expiration of the 30-
day period that begins on the date on which the notice is
submitted to Congress.''.
SEC. 215. ADVANCED SELF PROTECTION JAMMER (ASPJ) PROGRAM.
(a) Requirement to Obligate Funds for ASPJ.--Subject to
subsection (b), the Secretary of the Navy shall, not later
than September 30, 1994, obligate funds appropriated to the
Department of Defense for fiscal year 1994 and prior years to
carry out logistics support and maintenance of existing
Advanced Self Protection Jammer (ASPJ) systems, and
integration of such systems from the Navy inventory into the
F-14D aircraft for testing and evaluation. The Secretary may
acquire sufficient racks, spares, and logistic support,
including hardware and software, necessary to maintain the
existing ASPJ systems in the Navy inventory.
(b) Limitation.--The Secretary of the Navy may obligate
funds under subsection (a) only to the extent provided in
appropriations Acts.
(c) Relationship to Other Provision of Law.--The Secretary
of the Navy shall carry out subsection (a) notwithstanding
section 122 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2334).
SEC. 216. ADVANCED LITHOGRAPHY PROGRAM.
(a) Purpose.--The purpose of the Advanced Lithography
Program (in this section referred to as the ``ALP'') is to
fund goal-oriented research and development to be conducted
in both the public and private sectors to help achieve a
competitive position for American lithography tool
manufacturers in the international market place.
(b) Conduct of Program.--(1) The program shall be conducted
in accordance with research and development plans (including
an interim plan) developed by the Semiconductor Technology
Council, established in section 273 of the National Defense
Authorization Act for Fiscal Years 1988 and 1989 (15 U.S.C.
4603) (as amended by section 263(b) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
107 Stat. 1608)).
(2) The interim plan referred to in paragraph (1) shall be
the Semiconductor Industry Association (SIA) 1994 development
plan for lithography.
(c) Program Management.--The Advanced Research Projects
Agency (ARPA) shall be the executive agent for the ALP and
shall ensure seamless, fully integrated incorporation of the
program planning of the ALP into the full range of ARPA core
electronics development programs.
(d) Funding.--(1) Of the funds authorized to be
appropriated in section 201(4), $60,000,000 shall be
available for the ALP to conduct research and development
activities in accordance with subsection (b).
(2) Of the funds authorized to be appropriated in section
201(4) for the Semiconductor Manufacturing Technology
Consortium, the consortium is strongly encouraged to use not
less than $10,000,000 for activities related to lithography.
SEC. 217. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.
(a) Centers Covered.--Funds appropriated or otherwise made
available for the Department of Defense for fiscal year 1995
pursuant to an authorization of appropriations in section 201
may be obligated to procure work from a federally funded
research and development center only in the case of a center
named in the report required by subsection (b) and, in the
case of such a center, only in an amount not in excess of the
amount of the proposed funding level set forth for that
center in such report.
(b) Report on Allocations for Centers.--(1) Not later than
30 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report containing--
(A) the name of each federally funded research and
development center from which work is proposed to be procured
for the Department of Defense for fiscal year 1995; and
(B) for each such center, the proposed funding level and
the estimated personnel level for fiscal year 1995.
(2) The total of the proposed funding levels set forth in
the report for all federally funded research and development
centers may not exceed the amount set forth in subsection
(d).
[[Page 1617]]
(c) Limitation Pending Submission of Report.--No funds
appropriated or otherwise made available for the Department
of Defense for fiscal year 1995 may be obligated to procure
work from a federally funded research and development center
until the Secretary of Defense submits the report required by
subsection (b).
(d) Funding.--Of the amounts authorized to be appropriated
by section 201, not more than a total of $1,300,000,000 may
be obligated to procure services from the federally funded
research and development centers named in the report required
by subsection (b).
(e) Authority to Waive Funding Limitation.--The Secretary
of Defense may waive the limitation regarding the maximum
funding amount that applies under subsection (a) to a
federally funded research and development center. Whenever
the Secretary proposes to make such a waiver, the Secretary
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives notice of the
proposed waiver and the reasons for the waiver. The waiver
may then be made only after the end of the 60-day period that
begins on the date on which the notice is submitted to those
committees, unless the Secretary determines that it is
essential to the national security that funds be obligated
for work at that center in excess of that limitation before
the end of such period and notifies the Committees on Armed
Services of the Senate and House of Representatives of that
determination and the reasons for the determination.
(f) Participation in Programs Promoting Research,
Development, Demonstration, or Transfer of Technology.--(1) A
federally funded research and development center of the
Department of Defense that functions primarily as a research
laboratory may respond to solicitations and announcements
under programs authorized by the Federal Government for the
purpose of promoting the research, development,
demonstration, or transfer of technology in a manner
consistent with the terms and conditions of such program.
(2) A federally funded research and development center
described in paragraph (1) that responds to a solicitation or
announcement described in such paragraph shall not be
considered to be engaging in a competitive procedure and may
use, among other authorities, cooperative research and
development agreements provided for under section 12 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a)) as the instruments of participation in the
solicitation or announcement.
(g) Study of Role of FFRDCs in the Mission of the
Department of Defense.--The Secretary of Defense shall
require the Defense Science Board to conduct a study of the
role of federally funded research and development centers in
the mission of the Department of Defense. The study shall
include an analysis of how the centers fit into the mission
of the Department of Defense, which capabilities of the
centers are unique and have national security consequences,
and how these capabilities can be retained. The study also
shall review the extent to which activities performed by such
centers could be obtained through in-house capabilities of
the Department of Defense or through competitive procedures
with for-profit and nonprofit organizations. The Secretary
shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report on the study not
later than May 1, 1995.
(h) Review by Defense Inspector General of Comparison of
Executive Compensation of FFRDCs.--(1) The Secretary of
Defense shall require the Inspector General of the Department
of Defense to conduct a review of the compensation paid by
federally funded research and development centers to all the
officers and employees of such centers who are paid at a rate
exceeding the Executive Schedule Level I rate.
(2) In conducting the review, the Inspector General shall--
(A) assess the validity of the data submitted by federally
funded research and development centers to the Defense
Contract Audit Agency as justification for the salary rates
that exceed the Executive Schedule Level I rate;
(B) compare the compensation paid those individuals with
(i) the compensation of similar technical and professional
staff from for-profit and nonprofit organizations that must
compete for defense work, and (ii) government officials of
comparable expertise and responsibility; and
(C) examine areas such as bonuses, medical benefits,
severance packages, retirement plans, housing allowances,
moving expenses, and other forms of nonsalary compensation,
as appropriate.
(3) The Inspector General shall submit to the Committees on
Armed Services of the Senate and the House of Representatives
a report on the review not later than May 1, 1995.
(i) Limitation Regarding Rates of Compensation.--(1) Funds
available to the Department of Defense may not be paid to a
federally funded research and development center unless the
head of such center enters into an agreement with the
Secretary of Defense that provides the following:
(A) That no officer or employee of the federally funded
research and development center referred to in paragraph (2)
will be compensated in fiscal year 1995 at an annual rate of
compensation that exceeds the annual rate of compensation
provided that officer or employee in fiscal year 1994 (or, in
the case of a person not employed as an officer or employee
in such fiscal year, the annual rate of compensation provided
for the person in the position of that officer or employee in
fiscal year 1994).
(B) That no such officer or employee will be paid a bonus
or provided any other financial incentive in fiscal year
1995.
(C) That no trustee of the federally funded research and
development center will be paid compensation for services as
trustee in fiscal year 1995 or any subsequent fiscal year at
a rate that exceeds the rate of compensation provided in
fiscal year 1994 for a member of the Defense Science Board
for service as a member of such board.
(2) Subparagraphs (A) and (B) of paragraph (1) apply to
officers and employees of a federally funded research and
development center who are compensated at an annual rate of
compensation that exceeds the annual rate of pay provided for
Executive Schedule level I under section 5312 of title 5,
United States Code.
(j) Limitation Regarding Charitable Contributions.--Funds
available to the Department of Defense may not be paid to a
federally funded research and development center unless the
head of such center enters into an agreement with the
Secretary of Defense not to make any charitable donation to a
private institution, local government, institution of higher
education, or any other person.
(k) Undistributed Reduction.--The total amount authorized
to be appropriated for research, development, test, and
evaluation in section 201 is hereby reduced by $52,650,000.
SEC. 218. DIGITAL BATTLEFIELD PROGRAM.
(a) Funding.--Of the amounts authorized to be appropriated
by section 201, $95,857,000 shall be available for fiscal
year 1995 for the digital battlefield program (PE 203758A).
(b) Program Limitation.--Not more than 60 percent of the
funds appropriated pursuant to section 201 for the digital
battlefield program (PE 203758A) for the Army for fiscal year
1995 may be obligated for research and development activities
for development or integration of such program until the
Secretary of the Army--
(1) coordinates with the Secretary of the Navy to include
the Marine Corps in the Army's plans for the digital
battlefield; and
(2) transmits to the congressional defense committees a
report describing--
(A) the Army's plan of actions and milestones for defining
the overall system architecture for the digital battlefield,
the standards and protocols for the digital battlefield, and
resulting requirements;
(B) how those requirements affect or will affect the major
platforms that will make up the digital battlefield; and
(C) the manner in which coordination with the Secretary of
the Navy under paragraph (1) is being carried out.
SEC. 219. DUAL-USE ELECTRIC AND HYBRID VEHICLES.
(a) Funding.--Of the funds authorized to be appropriated in
this Act--
(1) $15,000,000 shall be available for procurement of
electric and hybrid vehicles for military uses and for
commercialization of such vehicles for nonmilitary uses; and
(2) $10,000,000 shall be available for research,
development, test, and evaluation of electric and hybrid
vehicles for military uses.
(b) Limitation.--(1) Funds made available pursuant to
subsection (a) may not be expended until the Secretary of
Defense, the Secretary of the Army, and the Secretary of
Energy enter into a memorandum of understanding that
specifies the responsibilities of each Secretary for
research, development, test, evaluation, procurement, and
commercialization activities to be carried out with such
funds.
(2) The memorandum generally, and specifically in the case
of the commercialization of such vehicles for nonmilitary
uses, shall provide that any procurement of electric and
hybrid vehicles authorized in subsection (a) shall be in
accordance with the provisions of the Energy Policy Act of
1992 (Public Law 102-486; 42 U.S.C. 13201 et seq.) and shall
be consistent with the amendments made to the Clean Air Act
(42 U.S.C. 7401 et seq.) by Public Law 101-549 (commonly
known as the Clean Air Act Amendments of 1990; 104 Stat.
2399).
SEC. 220. TACTICAL ANTISATELLITE TECHNOLOGIES PROGRAM.
(a) Demonstration and Validation Activities.--Subject to
subsection (e), the Secretary of Defense shall continue the
demonstration and validation of kinetic energy antisatellite
technologies under the tactical antisatellite technologies
program.
(b) Level Funding.--Subject to subsection (e), of the
amounts authorized to be appropriated in section 201 for the
Army, $5,000,000 shall be available for fiscal year 1995 for
engineering development under the tactical antisatellite
technologies program.
(c) Requirement of Obligation of Prior Year Funds.--To the
extent provided in appropriations Acts, the Secretary shall
obligate for engineering development under the tactical
antisatellite technologies program all funds available for
fiscal year 1993 and fiscal year 1994 for the Kinetic Energy
Antisatellite (KE-ASAT) program that remain available for
obligation on the date of the enactment of this Act.
(d) Report.--The Secretary shall submit to Congress the
report required by section 1363 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484;
106 Stat. 2560).
(e) Limitation.--No funds appropriated to the Department of
Defense for fiscal year 1995 may be obligated for the
tactical antisatellite technologies program until the Sec-
[[Page 1618]]
retary of Defense certifies to Congress that there is a
requirement for an antisatellite program.
SEC. 221. LIMITATION ON DISMANTLEMENT OF INTERCONTINENTAL
BALLISTIC MISSILES.
Funds authorized to be appropriated in this Act may not be
obligated or expended for deactivating or dismantling
intercontinental ballistic missiles (ICBMs) of the United
States below that number of such missiles that is necessary
to support 500 deployed intercontinental ballistic missiles
until 180 days after the date on which the Secretary of
Defense has submitted to the congressional defense committees
a report on the results of a nuclear posture review being
conducted by the Secretary.
SEC. 222. LIMITATION ON OBLIGATION OF FUNDS FOR SEISMIC
MONITORING RESEARCH.
Funds authorized to be appropriated by this Act that are
made available for seismic monitoring of nuclear explosions
may not be obligated for a project unless the project is
authorized in a plan approved by the review group established
pursuant to Presidential Decision Directive 18 (dated
December 20, 1993).
SEC. 223. SUPERCONDUCTING MAGNETIC ENERGY STORAGE PROJECT.
(a) Availability of Funds.--The authorization of
appropriations for fiscal year 1993 for the Superconducting
Magnetic Energy Storage Project (SMES) shall be effective
until the funds appropriated for such project are expended.
The purposes for which such funds may be expended under that
authorization of appropriations are those that are authorized
in section 218 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2352) and
section 218 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1589).
(b) Transfer Deadline.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of Defense
shall comply with the requirement to transfer funds set forth
in section 218(b) of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1589).
SEC. 224. DEPARTMENT OF DEFENSE SATELLITE COMMUNICATIONS.
(a) MILSTAR Program.--Of the amount authorized in section
201 for the MILSTAR satellite communications program,
$20,000,000 is available either for advance procurement of
MILSTAR satellites 5 and 6 or for the Advanced Extra High
Frequency (EHF) program, as determined by the Secretary of
Defense.
(b) Department of Defense Satellite Communications Master
Plan.--(1) The Secretary of Defense shall develop a satellite
communications master plan that addresses--
(A) the projected military satellite communications
requirements of the Department of Defense;
(B) alternate and innovative ways of meeting those
requirements (including greater reliance on the commercial
sector); and
(C) possible financial incentives to ensure that those
elements of the Department of Defense that create the demand
for such communications services are required to have an
important role in paying for the provision of those services.
(2) The Secretary shall submit to Congress a report on the
master plan developed under subsection (a) not later than
April 30, 1995.
Subtitle C--Missile Defense Programs
SEC. 231. COMPLIANCE OF BALLISTIC MISSILE DEFENSE SYSTEMS AND
COMPONENTS WITH ABM TREATY.
(a) General Limitation.--Funds appropriated to the
Department of Defense for fiscal year 1995, or otherwise made
available to the Department of Defense from any funds
appropriated for fiscal year 1995 or for any fiscal year
before 1995, may not be obligated or expended--
(1) for any development or testing of anti-ballistic
missile systems or components except for development and
testing consistent with the interpretation of the ABM Treaty
set forth in the enclosure to the July 13, 1993, ACDA letter;
or
(2) for the acquisition of any material or equipment
(including long lead materials, components, piece parts, or
test equipment, or any modified space launch vehicle)
required or to be used for the development or testing of
anti-ballistic missile systems or components, except for
material or equipment required for development or testing
consistent with the interpretation of the ABM Treaty set
forth in the enclosure to the July 13, 1993, ACDA letter.
(b) Limitation Relating to Brilliant Eyes.--Of the funds
appropriated pursuant to the authorizations of appropriations
in section 201 that are made available for the space-based,
midcourse missile tracking system known as the Brilliant Eyes
program, not more than $80,000,000 may be obligated until the
Secretary of Defense submits to the appropriate congressional
committees a report on the compliance of that program with
the ABM Treaty, as determined under the compliance review
conducted pursuant to subsection (c).
(c) Compliance Review for Brilliant Eyes.--The Secretary of
Defense shall review the Brilliant Eyes program to determine
whether, and under what conditions, the development, testing,
and deployment of the Brilliant Eyes missile tracking system
in conjunction with a theater ballistic missile defense
system, with a limited national missile defense system, and
with both such systems, would be in compliance with the ABM
Treaty, including the interpretation of that treaty set forth
in the enclosure to the July 13, 1993, ACDA letter.
(d) Compliance Review for Navy Upper Tier System.--(1) The
Secretary of Defense shall review the theater ballistic
missile program known as the Navy Upper Tier program to
determine whether the development, testing, and deployment of
the system being developed under that program would be in
compliance with the ABM Treaty, including the interpretation
of the Treaty set forth in the enclosure to the July 13,
1993, ACDA letter.
(2) Of the funds made available to the Department of
Defense for fiscal year 1995, not more than $40,000,000 may
be obligated for the Navy Upper Tier program before the date
on which the Secretary submits to the appropriate
congressional committees a report on the compliance of that
program with the ABM Treaty, as determined under the
compliance review under paragraph (1).
(e) Definitions.--In this section:
(1) The term ``July 13, 1993, ACDA letter'' means the
letter dated July 13, 1993, from the Acting Director of the
Arms Control and Disarmament Agency to the chairman of the
Committee on Foreign Relations of the Senate relating to the
correct interpretation of the ABM Treaty and accompanied by
an enclosure setting forth such interpretation.
(2) The term ``ABM Treaty'' means the Treaty between the
United States of America and the Union of Soviet Socialist
Republics on the Limitation of Anti-Ballistic Missiles,
signed in Moscow on May 26, 1972.
(3) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives; and
(B) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate.
SEC. 232. MODIFICATIONS TO ANTI-BALLISTIC MISSILE TREATY TO
BE ENTERED INTO ONLY THROUGH TREATY MAKING
POWER.
(a) Requirement for Use of Treaty Making Power.--The United
States shall not be bound by any international agreement
entered into by the President that would substantively modify
the ABM Treaty unless the agreement is entered pursuant to
the treaty making power of the President under the
Constitution.
(b) ABM Treaty Defined.--In this section, the term ``ABM
Treaty'' means the Treaty Between the United States of
America and the Union of Soviet Socialist Republics on the
Limitation of Anti-Ballistic Missile Systems, signed in
Moscow on May 26, 1972, with related protocol, signed in
Moscow on July 3, 1974.
SEC. 233. REVISIONS TO THE MISSILE DEFENSE ACT OF 1991.
The Missile Defense Act of 1991 (part C of title II of
Public Law 102-190; 10 U.S.C. 2431 note) is amended--
(1) by striking out sections 235, 236, and 237; and
(2) in section 238, by inserting before the period at the
end of the second sentence the following: ``, and shall
submit to the Congress additional interim reports on the
progress of such negotiations at six-month intervals
thereafter until such time as the President notifies the
Congress that such negotiations have been concluded or
terminated''.
SEC. 234. LIMITATION ON FLIGHT TESTS OF CERTAIN MISSILES.
(a) Limitation.--The Secretary of Defense may not conduct
the launch of a target ballistic missile as part of the
theater missile defense extended range test program if an
anticipated result of the launch of that target missile under
that test program would be release of debris in a land area
of the United States outside a designated Department of
Defense test range or an extension thereof in force as of
July 1, 1994.
(b) Definition of Debris.--For purposes of subsection (a),
the term ``debris'' does not include particulate matter that
is regulated for considerations of air quality.
(c) Certain Testing Unaffected.--Nothing in this section
shall be construed as prohibiting or limiting testing of
cruise missiles, unmanned aerial vehicles (UAVs), or
precision-guided munitions.
(d) Expiration of Limitation.--The limitation in subsection
(a) shall expire on the later of--
(1) June 30, 1995; or
(2) the end of the 30-day period beginning on the date of
the publication by the Secretary of Defense of the Final
Environmental Impact Statement on the Theater Missile Defense
Extended Test Range.
SEC. 235. PROGRAM ELEMENTS FOR BALLISTIC MISSILE DEFENSE
ORGANIZATION.
In the budget justification materials submitted to Congress
in support of the Department of Defense budget for any fiscal
year after fiscal year 1995 (as submitted in the budget of
the President), the amount requested for activities of the
Ballistic Missile Defense Organization shall be set forth in
accordance with the following program elements:
(1) National Missile Defense.
(2) Theater High-Altitude Area Defense (THAAD).
(3) The Hawk Missile system.
(4) Battle Management, Command, Control, Communications,
and Intelligence (BM/C3I).
(5) Patriot Advanced Capability-3 Missile System.
[[Page 1619]]
(6) Patriot Advanced Capability-3 Missile risk reduction.
(7) Navy Lower Tier Missile Defense.
(8) Navy Upper Tier Missile Defense.
(9) Army Corps Surface-to-Air Missile (CORPS SAM).
(10) Boost Phase Intercept Program.
(11) Other Theater Missile Defense Activities.
(12) Support Technologies.
(13) Program Management.
Subtitle D--Women's Health Research
SEC. 241. DEFENSE WOMEN'S HEALTH RESEARCH PROGRAM.
(a) Continuation of Program.--The Secretary of Defense
shall continue the Defense Women's Health Research Program
established in fiscal year 1994 pursuant to the authority in
section 251 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1606). The
program shall continue to serve as the coordinating agent for
multi-disciplinary and multi-institutional research within
the Department of Defense on women's health issues related to
service in the Armed Forces. The program also shall continue
to coordinate with research supported by other Federal
agencies that is aimed at improving the health of women.
(b) Participation by All Military Departments.--The
Departments of the Army, Navy, and Air Force shall each
participate in the activities under the program.
(c) Army To Be Executive Agent.--The Secretary of Defense
shall designate the Secretary of the Army to be the executive
agent for administering the program.
(d) Implementation Plan.--If the Secretary of Defense
intends to change the plan for the implementation of the
program previously submitted to the Committees on Armed
Services of the Senate and House of Representatives, the
amended plan shall be submitted to such committees before
implementation.
(e) Program Activities.--The program shall include the
following activities regarding health risks and health care
for women in the Armed Forces:
(1) The coordination and support activities described in
section 251 of Public Law 103-160.
(2) Epidemiologic research regarding women deployed for
military operations, including research on patterns of
illness and injury, environmental and occupational hazards
(including exposure to toxins), side-effects of
pharmaceuticals used by women so deployed, psychological
stress associated with military training, deployment, combat
and other traumatic incidents, and other conditions of life,
and human factor research regarding women so deployed.
(3) Development of a data base to facilitate long-term
research studies on issues related to the health of women in
military service, and continued development and support of a
women's health information clearinghouse to serve as an
information resource for clinical, research, and policy
issues affecting women in the Armed Forces.
(4) Research on policies and standards issues, including
research supporting the development of military standards
related to training, operations, deployment, and retention
and the relationship between such activities and factors
affecting women's health.
(5) Research on interventions having a potential for
addressing conditions of military service that adversely
affect the health of women in the Armed Forces.
(f) Funding.--Of the amount authorized to be appropriated
pursuant to section 201, $40,000,000 shall be available for
the Defense Women's Health Research Program referred to in
subsection (a).
Subtitle E--Other Matters
SEC. 251. REQUIREMENT FOR SUBMISSION OF ANNUAL REPORT OF THE
SEMICONDUCTOR TECHNOLOGY COUNCIL TO CONGRESS.
Section 273(b)(2)(I) of the National Defense Authorization
Act for Fiscal Years 1988 and 1989 (15 U.S.C. 4603(b)(2)(I)),
as amended by section 263 of Public Law 103-160 (107 Stat.
1608) is amended by inserting ``and submit to Congress by
March 31 of each year'' after ``Publish''.
SEC. 252. REPORT ON OCEANOGRAPHIC SURVEY AND RESEARCH
REQUIREMENTS TO SUPPORT LITTORAL WARFARE.
(a) Report Required.--Not later than March 1, 1995, the
Secretary of the Navy shall submit to Congress a report on
the oceanographic survey and research and development
requirements needed to support Navy operations in littoral
regions.
(b) Content of Report.--The report shall contain the
following:
(1) An identification of unique properties, including
acoustics, bathymetry, bottom type, and ocean dynamics that
affect shallow water operations in littoral regions.
(2) A list of the principal littoral regions that--
(A) designates each region as high, medium, or low priority
based on the probable need for Navy operations in such
regions; and
(B) for each region, is annotated to identify--
(i) the date of the most recent detailed survey; and
(ii) the extent to which that survey provides insight into
the region's properties identified pursuant to paragraph (1).
(3) An assessment of the Navy's current and projected
access to each region for surveying purposes.
(4) An assessment of the ability of current oceanographic
survey and research assets to develop the information
identified in paragraph (1).
SEC. 253. LANSCE/LAMPF UPGRADES.
Of the amounts authorized to be appropriated by section
201(1), $20,000,000 shall be available to complete the Los
Alamos Neutron Scattering Center/Los Alamos Meson Physics
Facility upgrades at the Los Alamos National Laboratory, Los
Alamos, New Mexico.
SEC. 254. STUDY REGARDING LIVE-FIRE SURVIVABILITY TESTING OF
F-22 AIRCRAFT.
(a) Requirement.--The Secretary of Defense shall request
the National Research Council of the National Academy of
Sciences--
(1) to conduct a study regarding the desirability of
exercising the authority under subsection (c) of section 2366
of title 10, United States Code, to waive for the F-22
aircraft program the survivability tests required pursuant to
subsection (a) of such section; and
(2) to submit to the Secretary and Congress, within 180
days after the date of the enactment of this Act, a report
containing the conclusions of the Council regarding the
desirability of waiving such tests.
(b) Content of Report.--The report shall contain the
following matters:
(1) Conclusions regarding the practicality of full-scale,
full-up testing for the F-22 aircraft program.
(2) A discussion of the implications regarding the
affordability of the F-22 aircraft program of conducting and
of not conducting the survivability tests, including an
assessment of the potential life cycle benefits that could be
derived from full-scale, full-up live fire testing in
comparison to the costs of such testing.
(3) A discussion of what, if any, changes of circumstances
affecting the F-22 aircraft program have occurred since
completion of the milestone II program review to cause the
program manager to request a waiver of the survivability
tests for the F-22 aircraft program that was not requested at
that time.
(4) The sufficiency of the F-22 aircraft program testing
plans to fulfill the same requirements and purposes as are
provided in subsection (e)(3) of section 2366 of title 10,
United States Code, for realistic survivability testing for
purposes of subsection (a)(1)(A) of such section.
(5) Any recommendations regarding survivability testing for
the F-22 aircraft program that the Council considers
appropriate on the basis of the study.
SEC. 255. UNIVERSITY RESEARCH INITIATIVE SUPPORT PROGRAM.
Of the amounts authorized to be appropriated under section
201, $10,000,000 shall be available for the University
Research Initiative Support Program established pursuant to
section 802 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1701; 10
U.S.C. 2358 note).
SEC. 256. MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM.
(a) Program Authorized.--(1) Section 2525 of title 10,
United States Code, is amended to read as follows:
``Sec. 2525. Manufacturing science and technology program
``(a) Establishment.--The Secretary of Defense shall
establish a Manufacturing Science and Technology Program to
further the national security objectives of section 2501(a)
of this title. The Under Secretary of Defense for Acquisition
and Technology shall administer the program.
``(b) Purpose.--The purpose of the program is to enhance
the capability of industry to meet the manufacturing needs of
the Department of Defense.
``(c) Execution.--The Secretary may carry out projects
under the program through the Secretaries of the military
departments and the heads of the Defense Agencies.
``(d) Competition and Cost Sharing.--(1) Competitive
procedures shall be used for awarding all grants and entering
into all contracts, cooperative agreements, and other
transactions under the program.
``(2) A grant may not be awarded under the program, and a
contract, cooperative agreement, or other transaction may not
be entered into under the program, on any basis other than a
cost-sharing basis unless the Secretary of Defense determines
that the grant, contract, cooperative agreement, or other
transaction, as the case may be, is for a program that--
``(A) is not likely to have any immediate and direct
commercial application; or
``(B) is of sufficiently high risk to discourage cost
sharing by non-Federal Government sources.''.
(2) The item relating to section 2525 in the table of
sections at the beginning of subchapter IV of chapter 148 of
such title is amended to read as follows:
``2525. Manufacturing Science and Technology Program.''.
(b) Funding.--Of the amounts appropriated pursuant to
section 201, not more than $109,420,000 shall be available
for the Manufacturing Science and Technology Program under
section 2525 of title 10, United States Code (as amended by
subsection (a)), of which--
(1) not more than $29,420,000 shall be available for the
Army;
(2) not more than $20,000,000 shall be available for the
Navy;
(3) not more than $50,000,000 shall be available for the
Air Force; and
(4) not more than $10,000,000 shall be available for the
Defense Logistics Agency.
[[Page 1620]]
SEC. 257. DEFENSE EXPERIMENTAL PROGRAM TO STIMULATE
COMPETITIVE RESEARCH.
(a) Program Required.--The Secretary of Defense, acting
through the Director of Defense Research and Engineering,
shall carry out a Defense Experimental Program to Stimulate
Competitive Research (DEPSCoR) as part of the university
research programs of the Department of Defense.
(b) Program Objectives.--The objectives of the program are
as follows:
(1) To enhance the capabilities of institutions of higher
education in eligible States to develop, plan, and execute
science and engineering research that is competitive under
the peer-review systems used for awarding Federal research
assistance.
(2) To increase the probability of long-term growth in the
competitively awarded financial assistance that institutions
of higher education in eligible States receive from the
Federal Government for science and engineering research.
(c) Program Activities.--In order to achieve the program
objectives, the following activities are authorized under the
program:
(1) Competitive award of research grants.
(2) Competitive award of financial assistance for graduate
students.
(d) Eligible States.--(1) The Director of the National
Science Foundation shall designate which States are eligible
States for the purposes of this section and shall notify the
Director of Defense Research and Engineering of the States so
designated.
(2) The Director of the National Science Foundation shall
designate a State as an eligible State if, as determined by
the Director--
(A) the institutional average amount of Federal financial
assistance for research and development received by the
institutions of higher education in the State for the fiscal
year preceding the fiscal year for which the designation is
effective, or for the last fiscal year for which statistics
are available, is less than the amount equal to 60 percent of
the national institutional average amount of Federal
financial assistance for research and development received by
the institutions of higher education in the United States for
such preceding or last fiscal year, as the case may be;
(B) the State has demonstrated a commitment to developing
research bases in the State and to improving science and
engineering research and education programs at institutions
of higher education in the State; and
(C) the State is an eligible State for purposes of the
Experimental Program to Stimulate Competitive Research
conducted by the National Science Foundation.
(e) Coordination With Similar Federal Programs.--(1) The
Secretary shall consult with the Director of the National
Science Foundation and the Director of the Office of Science
and Technology Policy in the planning, development, and
execution of the program and shall coordinate the program
with the Experimental Program to Stimulate Competitive
Research conducted by the National Science Foundation and
with similar programs sponsored by other departments and
agencies of the Federal Government.
(2) All solicitations under the Defense Experimental
Program to Stimulate Competitive Research shall be made to,
and all awards shall be made through, the State committees
established for purposes of the Experimental Program to
Stimulate Competitive Research conducted by the National
Science Foundation.
(3) A State committee referred to in paragraph (2) shall
ensure that activities carried out in the State of that
committee under the Defense Experimental Program to Stimulate
Competitive Research are coordinated with the activities
carried out in the State under other similar initiatives of
the Federal Government to stimulate competitive research.
SEC. 258. STUDY ON CONVERGENCE OF GEOSAT AND EOS ALTIMETRY
PROGRAMS.
(a) Requirement.--The Secretary of the Navy and the
Administrator of the National Aeronautics and Space
Administration shall jointly conduct a study on the
convergence of the National Aeronautics and Space
Administration Earth Observing System Altimetry mission with
the Navy Geosat Follow-On program. The study shall assess
whether a converged system, which may involve minor
modifications to the Geosat Follow-On satellite, could--
(1) satisfy the needs of the Earth Observing System program
for altimetry data;
(2) reduce the cost to the National Aeronautics and Space
Administration of satisfying such needs;
(3) be available in time to serve as the follow-on to the
Topex/Poseidon mission; and
(4) continue to meet the requirements of the Navy for
altimetry data at no additional cost to the Navy.
(b) Consultation.--In conducting the study, the Secretary
and the Administrator shall consult with appropriate members
of the scientific community.
(c) Report.--The Secretary and the Administrator shall
submit to the Committees on Armed Services and on Commerce,
Science, and Transportation of the Senate and the Committees
on Armed Services and on Science, Space, and Technology of
the House of Representatives a joint report on the results of
the study conducted under subsection (a), together with the
recommendations of the Secretary and the Administrator
thereon. The report shall be submitted not later than
February 15, 1995.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 1995 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance in amounts as follows:
(1) For the Army, $17,426,804,000.
(2) For the Navy, $21,055,470,000.
(3) For the Marine Corps, $2,066,295,000.
(4) For the Air Force, $18,837,623,000.
(5) For Defense-wide activities, $10,031,576,000.
(6) For the Army Reserve, $1,238,822,000.
(7) For the Naval Reserve, $827,819,000.
(8) For the Marine Corps Reserve, $81,462,000.
(9) For the Air Force Reserve, $1,464,932,000.
(10) For the Army National Guard, $2,398,415,000.
(11) For the Air National Guard, $2,771,678,000.
(12) For the National Board for the Promotion of Rifle
Practice, $2,544,000.
(13) For the Defense Inspector General, $140,798,000.
(14) For the United States Court of Appeals for the Armed
Forces, $6,126,000.
(15) For Environmental Restoration, Defense,
$2,030,200,000.
(16) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $714,200,000.
(17) For Medical Programs, Defense, $9,854,459,000.
(18) For Project Peace, $15,000,000.
(19) For Cooperative Threat Reduction programs,
$400,000,000.
(20) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $86,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 1995 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds in
amounts as follows:
(1) For the Defense Business Operations Fund,
$1,239,438,000.
(2) For the National Defense Sealift Fund, $828,600,000, of
which $220,000,000 shall be available for the Marine Corps
maritime prepositioning ship enhancement program.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal
year 1995 from the Armed Forces Retirement Home Trust Fund
the sum of $59,317,000 for the operation of the Armed Forces
Retirement Home, including the United States Soldiers' and
Airmen's Home and the Naval Home.
SEC. 304. FUNDS FOR DEPOT-LEVEL MAINTENANCE AND REPAIR WORK.
Of amounts authorized to be appropriated for fiscal year
1995 under section 301, there shall be available for the
performance of depot-level maintenance and repair work by
depot-level activities of the Department of Defense the
amount that is equal to the sum of--
(1) the total amount provided in the budget submitted to
Congress by the President for fiscal year 1995 pursuant to
section 1105 of title 31, United States Code, for the
Department of Defense for the performance of depot-level
maintenance and repair work; and
(2) $305,000,000, of which--
(A) $140,000,000 shall be available for the Army;
(B) $40,000,000 shall be available for the Navy;
(C) $75,000,000 shall be available for the Air Force; and
(D) $50,000,000 shall be available for the Marine Corps.
SEC. 305. SUPPORT FOR THE 1996 SUMMER OLYMPICS.
Section 306(c) of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat.
1335) is amended by inserting ``, and for fiscal year 1995
the sum of $10,000,000,'' after ``for fiscal year 1992 the
sum of $2,000,000''.
SEC. 306. SUPPORT FOR THE 1995 SPECIAL OLYMPICS WORLD GAMES.
(a) Authority To Provide Support.--The Secretary of Defense
may provide logistical support and personnel services in
connection with the 1995 Special Olympics World Games to be
held in the State of Connecticut.
(b) Pay and Nontravel-Related Allowances.--(1) Except as
provided in paragraph (2), the costs for pay and nontravel-
related allowances of members of the Armed Forces for the
support and services referred to in subsection (a) may not be
charged to appropriations made pursuant to the authorization
in subsection (c).
(2) Paragraph (1) does not apply in the case of members of
a reserve component called or ordered to active duty to
provide logistical support and personnel services for the
1995 Special Olympics World Games.
(c) Authorization of Appropriations.--There is hereby
authorized to be appropriated for the Department of Defense
for fiscal year 1995 the sum of $3,000,000 to carry out
subsection (a).
Subtitle B--Defense Business Operations Fund
SEC. 311. OVERSIGHT OF DEFENSE BUSINESS OPERATIONS FUND.
(a) Extension of Authority.--Section 316(a) of the National
Defense Authorization Act for Fiscal Years 1992 and 1993 (10
U.S.C. 2208 note) is amended by striking out ``Dur-
[[Page 1621]]
ing the period'' and all that follows through ``December 31,
1994, the'' and inserting in lieu thereof ``The''.
(b) Purchase From Other Sources.--The Secretary of Defense
or the Secretary of a military department may purchase goods
and services that are available for purchase from the Defense
Business Operations Fund from a source other than the Fund if
the Secretary determines that such source offers a more
competitive rate for the goods and services than the Fund
offers.
(c) Limitation on Inclusion of Certain Costs in DBOF
Charges.--A charge imposed for a good or service provided
through the Fund may not include amounts necessary to cover
costs incurred in connection with the closure or realignment
of a military installation.
(d) Procedures for Accumulation of Funds.--The Secretary of
Defense shall establish billing procedures to ensure that the
balance in the Fund does not exceed the amount necessary to
provide for the working capital requirements of the Fund, as
determined by the Secretary.
(e) Annual Reports and Budget.--The Secretary of Defense
shall annually submit to the congressional defense
committees, at the same time that the President submits the
budget under section 1105 of title 31, United States Code,
the following:
(1) A detailed report that contains a statement of all
receipts and disbursements of the Fund (including such a
statement for each subaccount of the Fund) for the year for
which the report is submitted.
(2) A detailed proposed budget for the operation of the
Fund for the fiscal year for which the budget is submitted.
(3) A comparison of the amounts actually expended for the
operation of the Fund for the previous fiscal year with the
amount proposed for the operation of the Fund for that fiscal
year in the budget.
(f) Implementation of Improvement Plan.--(1) Not later than
February 1, 1995, the Secretary of Defense shall submit to
the congressional defense committees a report on the progress
made in implementing the Defense Business Operations Fund
Improvement Plan, dated September 1993. The report shall
describe the progress made in reaching the milestones
established in the plan and provide an explanation for any
failure to meet any such milestone. The Secretary shall
submit a copy of the report to the Comptroller General of the
United States at the same time that the Secretary submits the
report to the congressional defense committees.
(2) The Comptroller General shall monitor and evaluate the
progress of the Department of Defense in developing and
implementing the improvement plan referred to in paragraph
(1).
(3) Not later than March 1, 1995, the Comptroller General
shall submit to the congressional defense committees a report
containing the following:
(A) An evaluation of the progress report submitted to the
congressional defense committees by the Secretary of Defense
pursuant to paragraph (1).
(B) The findings and conclusions of the Comptroller General
resulting from the monitoring and evaluation conducted under
paragraph (2).
(C) Any recommendations for legislation or administrative
action concerning the Fund that the Comptroller General
considers appropriate.
(g) Definition.--In this section, the term ``Fund'' means
the Defense Business Operations Fund.
SEC. 312. REVIEW BY COMPTROLLER GENERAL OF CHARGES IMPOSED BY
DEFENSE BUSINESS OPERATIONS FUND.
(a) Review.--The Comptroller General of the United States
shall review the charges proposed by the Secretary of Defense
to be imposed for fiscal year 1996 for goods and services
provided by the Defense Business Operations Fund, including
related service charges and charges for overhead costs.
(b) Determination Required.--In conducting the review, the
Comptroller General shall--
(1) compare the charges imposed for the provision of goods
and services to the military departments and Defense Agencies
with the charges imposed for the provision of goods and
services to persons outside the Department of Defense; and
(2) determine the extent to which differences in such
charges result in the military departments and Defense
Agencies having a cost advantage or a cost disadvantage in
relation to the persons outside the Department of Defense.
(c) Report.--Not later than April 15, 1995, the Comptroller
General shall submit to Congress a report on the results of
the review conducted under subsection (a). The report shall
contain the comparison and determination required by
subsection (b) and any recommendations of the Comptroller
General for legislation or administrative action.
SEC. 313. LIMITATION ON OBLIGATIONS AGAINST THE CAPITAL ASSET
FUND.
The Secretary of Defense may not incur obligations against
funds in the capital asset subaccount of the Defense Business
Operations Fund during fiscal year 1995 in a total amount in
excess of $1,440,000,000.
SEC. 314. LIMITATION ON OBLIGATIONS AGAINST THE SUPPLY
MANAGEMENT DIVISIONS.
(a) Limitation.--(1) The Secretary of Defense may not incur
obligations against the supply management divisions of the
Defense Business Operations Fund during fiscal year 1995 in a
total amount in excess of 65 percent of the total amount
derived from sales from such divisions during that fiscal
year.
(2) For purposes of determining the amount of obligations
incurred against, and sales from, such divisions during
fiscal year 1995, the Secretary shall exclude obligations and
sales for fuel, commissary and subsistence items, retail
operations, repair of equipment and spare parts in support of
repair, direct vendor deliveries, foreign military sales,
initial outfitting requiring equipment furnished by the
Federal Government, and the cost of operations.
(b) Waiver Authority.--The Secretary of Defense may waive
the limitation in subsection (a) if the Secretary determines
that such waiver is necessary in order to maintain the
readiness and combat effectiveness of the Armed Forces. The
Secretary shall immediately notify Congress of any such
waiver and the reasons for such waiver.
(c) Determinations of Effects of Limitation on Readiness
and Combat Effectiveness.--Not later than 60 days after the
date of the enactment of this Act, the Secretaries of the
military departments and the Director of the Defense
Logistics Agency shall each submit to the Secretary of
Defense a report containing the views of such official on the
effects of the limitation in subsection (a) on the ability of
the Department of Defense to maintain the readiness and
combat effectiveness of the Armed Forces. If the Secretary of
Defense determines, after considering the reports, that the
limitation will impair the readiness and combat effectiveness
of any of the Armed Forces, the Secretary shall exercise the
waiver authority provided in subsection (b).
Subtitle C--Environmental Provisions
SEC. 321. LIMITATION ON USE OF ENVIRONMENTAL RESTORATION
FUNDS FOR PAYMENT OF FINES AND PENALTIES.
Section 2703 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(f) Payment of Fines and Penalties.--None of the funds
appropriated to the transfer account for fiscal years 1995
through 1999 may be used for the payment of a fine or penalty
imposed against the Department of Defense unless the act or
omission for which the fine or penalty is imposed arises out
of an activity funded by the transfer account.''.
SEC. 322. PARTICIPATION OF INDIAN TRIBES IN AGREEMENTS FOR
DEFENSE ENVIRONMENTAL RESTORATION.
Section 2701(d) of title 10, United States Code, is
amended--
(1) by striking out ``Service of Other Agencies.--The
Secretary'' and inserting in lieu thereof the following:
``Service of Other Agencies.--
``(1) In general.--The Secretary'';
(2) in paragraph (1), as so designated, by inserting ``or
any Indian tribe'' after ``any State or local government
agency''; and
(3) by adding at the end the following:
``(2) Definition.--In this subsection, the term `Indian
tribe' has the meaning given such term in section 101(36) of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601(36)).''.
SEC. 323. EXTENSION OF AUTHORITY TO ISSUE SURETY BONDS FOR
CERTAIN ENVIRONMENTAL PROGRAMS.
Section 2701(j)(1) of title 10, United States Code, is
amended by striking out ``December 31, 1995'' and inserting
in lieu thereof ``December 31, 1999''.
SEC. 324. PAYMENT OF CERTAIN STIPULATED CIVIL PENALTIES.
The Secretary of Defense may pay, from funds appropriated
pursuant to section 301(15), not more than $500,000 to the
Hazardous Substance Superfund established under section 9507
of the Internal Revenue Code of 1986 (26 U.S.C. 9507) as
payment of stipulated civil penalties assessed under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) against the
West Virginia Ordnance Works.
SEC. 325. ADDITIONAL EXCEPTION TO PROHIBITION ON STORAGE AND
DISPOSAL OF NONDEFENSE TOXIC AND HAZARDOUS
MATERIALS AT MILITARY INSTALLATIONS.
Section 2692(b) of title 10, United States Code, is
amended--
(1) by striking out ``and'' at the end of paragraph (7);
(2) by striking out the period at the end of paragraph (8)
and inserting in lieu thereof ``; and''; and
(3) by adding at the end the following new paragraph:
``(9) the treatment and disposal of any material that is
not owned by the Department of Defense if the Secretary of
the military department concerned determines that the
material is required or generated by a private person in
connection with the authorized and compatible commercial use
by that person of an industrial-type facility of that
military department and the Secretary enters into a contract
with that person that--
``(A) is consistent with the best interest of national
defense and environmental security; and
``(B) provides for that person's continued financial and
environmental responsibility and liability with regard to the
material.''.
SEC. 326. ASSISTANCE FOR PUBLIC PARTICIPATION IN DEFENSE
ENVIRONMENTAL RESTORATION ACTIVITIES.
(a) Establishment of Restoration Advisory Boards.--Section
2705 of title 10, United States Code, is amended by adding at
the end the following new subsection:
``(d) Restoration Advisory Board.--(1) In lieu of
establishing a technical review committee under subsection
(c), the Secretary may permit the establishment of a restora-
[[Page 1622]]
tion advisory board in connection with any installation (or
group of nearby installations) where the Secretary is
planning or implementing environmental restoration
activities.
``(2) The Secretary shall prescribe regulations regarding
the characteristics, composition, funding, and establishment
of restoration advisory boards pursuant to this subsection.
However, the issuance of regulations shall not be a
precondition to the establishment of a restoration advisory
board or affect the existence or operation of a restoration
advisory board established before the date of the enactment
of this section.
``(3) The Secretary may provide for the payment of routine
administrative expenses of a restoration advisory board from
funds available for the operation and maintenance of the
installation (or installations) for which the board is
established or from the funds available under subsection
(e)(3).''.
(b) Assistance for Citizen Participation on Technical
Review Boards and Restoration Advisory Boards.--Such section
is further amended by adding after subsection (d), as added
by subsection (a), the following new subsection:
``(e) Assistance for Citizen Participation.--(1) Using
funds made available under paragraph (3), the Secretary may
make technical assistance grants under section 117(e) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9617(e)) in connection with
installations containing facilities listed on the National
Priorities List.
``(2)(A) Subject to subparagraph (B), the Secretary shall
make available under paragraph (3) funds to facilitate the
participation of individuals from the private sector on
technical review committees and restoration advisory boards
at installations not covered by paragraph (1) for the purpose
of ensuring public input into the planning and implementation
of environmental restoration activities at the installations
for which such committees and boards are in operation.
``(B) The private individuals who are members of a
committee or advisory board are eligible for funding
assistance under this paragraph only if they reside in the
vicinity of the installation (or installations) for which the
committee or advisory board is established and are not
potentially responsible parties with respect to environmental
hazards at any installation. Funds shall be paid to, and
administered by, the committee or advisory board on which the
private individuals are members for accounting and financial
management purposes, subject to subparagraph (C).
``(C) Individuals who are local community members of a
technical review committee or restoration advisory board may
use funds made available under this paragraph only--
``(i) to obtain technical assistance in interpreting
scientific and engineering issues with regard to the nature
of environmental hazards at an installation and the
restoration activities proposed for or conducted at the
installation; and
``(ii) to assist such members and affected citizens to
participate more effectively in environmental restoration
activities at the installation.
``(D) The members of a technical review committee or
restoration advisory board may use funds made available under
this paragraph to employ technical or other experts, in
accordance with the regulations prescribed under subsection
(d)(2).
``(3)(A) Subject to subparagraph (B), the Secretary shall
make funds available under this subsection using funds in the
following accounts:
``(i) In the case of a military installation not closed
pursuant to a base closure law, the Defense Environmental
Restoration Account established in section 2703(a) of this
title.
``(ii) In the case of a technical review committee or
restoration advisory board established for a military
installation to be closed, the Department of Defense Base
Closure Account 1990 established under section 2906(a) of the
Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
``(B) The total amount of funds available under this
subsection for fiscal year 1995 may not exceed $7,500,000.''.
(c) Involvement of Committees and Boards in Defense
Environmental Restoration Program.--Such section is further
amended by adding after subsection (e), as added by
subsection (b), the following new subsection:
``(f) Involvement in Defense Environmental Restoration
Program.--If a technical review committee or restoration
advisory board is established with respect to an installation
(or group of installations), the Secretary shall consult with
and seek the advice of the committee or board on the
following issues:
``(1) Identifying environmental restoration activities and
projects at the installation or installations.
``(2) Monitoring progress on these activities and projects.
``(3) Collecting information regarding restoration
priorities for the installation or installations.
``(4) Addressing land use, level of restoration, acceptable
risk, and waste management and technology development issues
related to environmental restoration at the installation or
installations.
``(5) Developing environmental restoration strategies for
the installation or installations.''.
(d) Implementation Requirements.--Not later than 180 days
after the date on which the Secretary of Defense announces a
decision to establish restoration advisory boards, the
Secretary shall--
(1) prescribe the regulations required under subsection
(d)(2) of section 2705 of title 10, United States Code, as
added by subsection (a); and
(2) take appropriate actions to notify the public of the
availability of funding under subsection (e) of such section,
as added by subsection (b).
(e) Report.--Not later than May 1, 1996, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report regarding--
(1) the establishment of restoration advisory boards under
subsection (d) of section 2705 of title 10, United States
Code, as added by subsection (a); and
(2) the expenditure of funds for assistance for citizen
participation on technical review committees and restoration
advisory boards under subsection (e) of such section, as
added by subsection (b).
SEC. 327. PILOT PROGRAM TO DEVELOP AND DEMONSTRATE
ENVIRONMENTAL REMEDIATION TECHNOLOGIES.
(a) Cooperative Agreement for Pilot Program.--(1) The
Secretary of Defense may enter into a cooperative agreement
with an institution of higher education for the purpose of
facilitating the development and demonstration of new methods
and technologies for more effective and expedient
environmental remediation at military installations by
engaging in a pilot demonstration project as provided in
subsection (b).
(2) If the Secretary enters into a cooperative agreement
under paragraph (1), the agreement shall authorize the
institution of higher education to enter into partnerships or
other relationships with private and pub-
lic entities for purposes of conducting activities under the
cooperative agreement.
(b) Pilot Project at Defense Landfill.--(1) If the
Secretary enters into a cooperative agreement under
subsection (a)(1), the agreement shall authorize the
institution of higher education to participate in a
cooperative pilot demonstration project at a Government
landfill described in paragraph (2) if such demonstration
project can be carried out in a manner that is consistent
with all other actions at such landfill that the Secretary is
legally required to undertake.
(2) The Government landfill referred to in paragraph (1) is
a Government landfill that--
(A) is listed on the National Priorities List pursuant to
section 105(a)(8)(B) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9605(a)(8)(B)); and
(B) is located on a military installation to be closed
pursuant to a base closure law.
(c) Funding for Fiscal Year 1995.--Of the amount authorized
to be appropriated under section 201(4) and made available
for innovative environmental technologies certification,
$1,000,000 shall be available for the establishment of the
cooperative agreement and the activities necessary to conduct
the pilot demonstration project under this section.
SEC. 328. ENVIRONMENTAL EDUCATION AND TRAINING PROGRAM FOR
DEFENSE PERSONNEL.
(a) Establishment.--The Secretary of Defense shall
establish and conduct an education and training program for
members of the Armed Forces and civilian employees of the
Department of Defense whose responsibilities include planning
or executing the environmental mission of the Department. The
Secretary shall conduct the program to ensure that such
members and employees obtain and maintain the knowledge and
skill required to comply with existing environmental laws and
regulations.
(b) Identification of Military Facilities With
Environmental Training Expertise.--As part of the program,
the Secretary may identify military facilities that have
existing expertise (or the capacity to develop such
expertise) in conducting education and training activities in
various environmental disciplines. In the case of a military
facility identified under this subsection, the Secretary
should encourage the use of the facility by members and
employees referred to in subsection (a) who are not under the
jurisdiction of the military department operating the
facility.
SEC. 329. STUDY OF ESTABLISHMENT OF LAND MANAGEMENT AND
TRAINING CENTER.
(a) Study.--The Secretary of the Army shall carry out a
study of the feasibility and advisability of establishing a
center for the land management activities and land management
training activities of the Department of Defense.
(b) Report.--Not later than May 1, 1996, the Secretary
shall submit to the congressional defense committees a report
on the study required under subsection (a). If the Secretary
concludes as a result of the study that establishing the
center is feasible and advisable, the report shall include a
statement of the Secretary's recommendations for the location
of the center and the specific activities to be conducted at
the center.
Subtitle D--Depot-Level Activities
SEC. 331. FINDINGS.
Congress makes the following findings:
(1) By providing the Armed Forces with a critical capacity
to respond to the needs of the Armed Forces for depot-level
maintenance and repair of weapon systems and equipment, the
depot-level maintenance and repair activities of the
Department of De-
[[Page 1623]]
fense play an essential role in maintaining the readiness of
the Armed Forces.
(2) It is appropriate for the capability of the depot-level
maintenance and repair activities of the Department of
Defense to perform maintenance and repair of weapon systems
and equipment to be based on policies that take into
consideration the readiness, mobilization, and deployment
requirements of the military departments.
(3) It is appropriate for the management of employees of
the depot-level maintenance and repair activities of the
Department of Defense to be based on the amount of workload
necessary to be performed by such activities to maintain the
readiness of the weapon systems and equipment of the military
departments and on the funds made available for the
performance of such workload.
SEC. 332. MODIFICATION OF LIMITATION ON PERFORMANCE OF DEPOT-
LEVEL MAINTENANCE.
(a) Modification.--Subsection (a) of section 2466 of title
10, United States Code, is amended to read as follows:
``(a) Percentage Limitation.--Not more than 40 percent of
the funds made available in a fiscal year to a military
department or a Defense Agency for depot-level maintenance
and repair workload may be used to contract for the
performance by non-Federal Government personnel of such
workload for the military department or the Defense Agency.
Any such funds that are not used for such a contract shall be
used for the performance of depot-level maintenance and
repair workload by employees of the Department of Defense.''.
(b) Inclusion of Repair Activities.--Subsection (b) of such
section is amended by inserting ``and repair'' after
``maintenance'' each place it appears.
(c) Report.--Subsection (e) of such section is amended to
read as follows:
``(e) Report.--Not later than January 15, 1995, the
Secretary of Defense shall submit to Congress a report
identifying, for each military department and Defense Agency,
the percentage of funds referred to in subsection (a) that
was used during fiscal year 1994 to contract for the
performance by non-Federal Government personnel of depot-
level maintenance and repair workload.''.
SEC. 333. REPORT ON PERFORMANCE OF DEPOT-LEVEL MAINTENANCE
AND REPAIR OF NEW WEAPON SYSTEMS.
(a) Report.--Not later than April 1, 1995, the Secretary of
Defense shall submit to Congress a report that contains a
statement by each Secretary of a military department on the
plans of that military department to provide for the depot-
level maintenance and repair of any new weapon system
described in subsection (b) by depot-level activities of the
Department of Defense.
(b) Covered Weapon Systems.--A new weapon system referred
to in subsection (a) is a weapon system--
(1) initially delivered to the military department by a
contractor on, or within 4 years before, the date of the
enactment of this Act; or
(2) planned for initial delivery to the military department
by a contractor on, or within 5 years after, such date.
SEC. 334. REVIEW OF COST GROWTH IN CONTRACTS TO PERFORM
DEPOT-LEVEL MAINTENANCE AND REPAIR.
(a) Review.--The Secretary of Defense shall carry out a
review of a representative sample of existing contracts
entered into by the Department of Defense for the performance
of depot-level maintenance and repair to determine the extent
to which the costs incurred by a contractor under any such
contract have exceeded the cost of the contract at the time
the contract was entered into.
(b) Report.--Not later than May 1, 1995, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report containing
the results of the review carried out under subsection (a).
SEC. 335. AUTHORITY FOR DEPOT-LEVEL ACTIVITIES OF THE
DEPARTMENT OF DEFENSE TO COMPETE FOR
MAINTENANCE AND REPAIR WORKLOADS OF OTHER
FEDERAL AGENCIES.
(a) In General.--Chapter 146 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2470. Depot-level activities of the Department of
Defense: authority to compete for maintenance and repair
workloads of other Federal agencies
``A depot-level activity of the Department of Defense shall
be eligible to compete for the performance of any depot-level
maintenance and repair workload of a Federal agency for which
competitive procedures are used to select the entity to
perform the workload.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2470. Depot-level activities of the Department of Defense: authority
to compete for maintenance and repair workloads of other
Federal agencies.''.
SEC. 336. AUTHORITY OF DEPOTS TO PROVIDE SERVICES OUTSIDE THE
DEPARTMENT OF DEFENSE.
(a) In General.--Chapter 146 of title 10, United States
Code, as amended by section 335, is further amended by adding
at the end the following new section:
``Sec. 2471. Persons outside the Department of Defense: lease
of excess depot-level equipment and facilities by
``(a) Authority To Lease Excess Equipment and Facilities.--
Subject to subsection (b), the Secretary of a military
department and, with respect to a Defense Agency, the
Secretary of Defense, may lease excess equipment and
facilities of a depot-level activity of the military
department, or the Defense Agency, to a person outside the
Department of Defense.
``(b) Limitations.--A lease under subsection (a) may be
entered into only if--
``(1) the lease of any such equipment or facilities will
not have a significant adverse effect on the readiness of the
armed forces, as determined by the Secretary concerned;
``(2) the person leasing such equipment or facilities
agrees to reimburse the Department of Defense for the costs
(both direct and indirect costs, including any rental costs,
as determined the Secretary concerned) attributable to the
lease of such equipment or facilities;
``(3) the person leasing such equipment or facilities
agrees to hold harmless and indemnify the United States,
except in cases of willful conduct or gross negligence, from
any claim for damages or injury to any person or property
arising out the lease of such equipment or facilities; and
``(4) the person leasing such equipment or facilities
agrees to hold harmless and indemnify the United States from
any liability or claim for damages or injury to any person or
property arising out of a decision by the Secretary concerned
to suspend or terminate the lease during a war or national
emergency.
``(c) Credit to Treasury.--Any reimbursement (including the
payment of rental costs) received under this section shall be
credited to the Treasury as miscellaneous receipts.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2471. Persons outside the Department of Defense: lease of excess
depot-level equipment and facilities by.''.
SEC. 337. REUTILIZATION INITIATIVE FOR DEPOT-LEVEL
ACTIVITIES.
(a) Program Authorized.--The Secretary of Defense shall
conduct activities to encourage commercial firms to enter
into partnerships with depot-level activities of the military
departments for the purposes of--
(1) demonstrating commercial uses of the depot-level
activities that are related to the principal mission of the
depot-level activities;
(2) preserving employment and skills of employees currently
employed by the depot-level activities or providing for the
reemployment and retraining of employees who, as the result
of the closure, realignment, or reduced in-house workload of
such activities, may become unemployed; and
(3) supporting the goals of other defense conversion,
reinvestment, and transition assistance programs while also
allowing the depot-level activities to remain in operation to
continue to perform their defense readiness mission.
(b) Conditions.--The Secretary shall ensure that activities
conducted under this section--
(1) do not interfere with the closure or realignment of a
depot-level activity of the military departments under a base
closure law; and
(2) do not adversely affect the readiness or primary
mission of a participating depot-level activity.
SEC. 338. CHANGE OF SOURCE FOR PERFORMANCE OF DEPOT-LEVEL
WORKLOADS.
The text of section 2469 of title 10, United States Code,
is amended to read as follows:
``(a) Requirement for Competition.--The Secretary of
Defense shall ensure that the performance of a depot-level
maintenance or repair workload described in subsection (b) is
not changed to performance by a contractor or by another
depot-level activity of the Department of Defense unless the
change is made using--
``(1) merit-based selection procedures for competitions
among all depot-level activities of the Department of
Defense; or
``(2) competitive procedures for competitions among private
and public sector entities.
``(b) Scope.--Subsection (a) applies to any depot-level
maintenance or repair workload that has a value of not less
than $3,000,000 and is being performed by a depot-level
activity of the Department of Defense.
``(c) Inapplicability of OMB Circular A-76.--Office of
Management and Budget Circular A-76 (or any successor
administrative regulation or policy) does not apply to a
performance change to which subsection (a) applies.''.
SEC. 339. SALE OF ARTICLES AND SERVICES OF INDUSTRIAL
FACILITIES OF THE ARMED FORCES TO PERSONS
OUTSIDE THE DEPARTMENT OF DEFENSE.
(a) In General.--(1) Subchapter II of chapter 152 of title
10, United States Code, is amended by adding at the end the
following new section:
``Sec. 2553. Articles and services of industrial facilities:
sale to persons outside the Department of Defense
``(a) Authority To Sell Outside DOD.--(1) The Secretary of
Defense may sell in accordance with this section to a person
outside the Department of Defense articles and services
referred to in paragraph (2) that are not available from any
United States commercial source.
``(2)(A) Except as provided in subparagraph (B), articles
and services referred to in para-
[[Page 1624]]
graph (1) are articles and services that are manufactured or
performed by any working-capital funded industrial facility
of the armed forces.
``(B) The authority in this section does not apply to sales
of articles and services by a working-capital funded Army
industrial facility (including a Department of the Army
arsenal) that manufactures large caliber cannons, gun mounts,
recoil mechanisms, ammunition, munitions, or components
thereof, which are governed by regulations required by
section 4543 of this title.
``(b) Designation of Participating Industrial Facilities.--
The Secretary may designate facilities referred to in
subsection (a) as the facilities from which articles and
services manufactured or performed by such facilities may be
sold under this section.
``(c) Conditions for Sales.--A sale of articles or services
may be made under this section only if--
``(1) the Secretary of Defense determines that the articles
or services are not available from a commercial source in the
United States;
``(2) the purchaser agrees to hold harmless and indemnify
the United States, except in any case of willful misconduct
or gross negligence, from any claim for damages or injury to
any person or property arising out of the articles or
services;
``(3) the articles or services can be substantially
manufactured or performed by the industrial facility
concerned with only incidental subcontracting;
``(4) it is in the public interest to manufacture the
articles or perform the services;
``(5) the Secretary determines that the sale of the
articles or services will not interfere with the military
mission of the industrial facility concerned; and
``(6) the sale of the goods and services is made on the
basis that it will not interfere with performance of work by
the industrial facility concerned for the Department of
Defense.
``(d) Methods of Sale.--(1) The Secretary shall permit a
purchaser of articles or services under this section to use
advance incremental funding to pay for the articles or
services.
``(2) In the sale of articles and services under this
section, the Secretary shall--
``(A) charge the purchaser, at a minimum, the variable
costs, capital improvement costs, and equipment depreciation
costs that are associated with the articles or services sold;
``(B) enter into a firm, fixed-price contract or, if agreed
by the purchaser, a cost reimbursement contract for the sale;
and
``(C) develop and maintain (from sources other than
appropriated funds) working capital to be available for
paying design costs, planning costs, procurement costs, and
other costs associated with the articles or services sold.
``(e) Deposit of Proceeds.--Proceeds from sales of articles
and services under this section shall be credited to the
funds, including working capital funds and operation and
maintenance funds, incurring the costs of manufacture or
performance.
``(f) Relationship to Arms Export Control Act.--Nothing in
this section shall be construed to affect the application of
the export controls provided for in section 38 of the Arms
Export Control Act (22 U.S.C. 2778) to items which
incorporate or are produced through the use of an article
sold under this section.
``(g) Definitions.--In this section:
``(1) The term `advance incremental funding', with respect
to a sale of articles or services, means a series of partial
payments for the articles or services that includes--
``(A) one or more partial payments before the commencement
of work or the incurring of costs in connection with the
manufacture of the articles or the performance of the
services, as the case may be; and
``(B) subsequent progress payments that result in full
payment being completed as the required work is being
completed.
``(2) The term `variable costs', with respect to sales of
articles or services, means the costs that are expected to
fluctuate directly with the volume of sales and--
``(A) in the case of articles, the volume of production
necessary to satisfy the sales orders; or
``(B) in the case of services, the extent of the services
sold.''.
(2) The table of sections at the beginning of such
subchapter is amended by adding at the end the following new
item:
``2553. Articles and services of industrial facilities: sale to persons
outside the Department of Defense.''.
(b) Effective Date.--Section 2553 of title 10, United
States Code, as added by subsection (a), shall take effect on
April 1, 1995.
Subtitle E--Civilian Employees
SEC. 341. EXTENSION OF CERTAIN TRANSITION ASSISTANCE
AUTHORITIES.
(a) Reduction-in-Force Notification Requirements.--Section
4433(b)(2) of the Defense Conversion, Reinvestment, and
Transition Assistance Act of 1992 (division D of Public Law
102-484; 106 Stat. 2722; 5 U.S.C. 3502 note) is amended by
striking out ``February 1, 1998'' and inserting in lieu
thereof ``February 1, 2000''.
(b) Separation Pay.--(1) Section 5597(e) of title 5, United
States Code, is amended by striking out ``September 30,
1997'' and inserting in lieu thereof ``September 30, 1999''.
(2) Section 4436(d)(2) of the Defense Conversion,
Reinvestment, and Transition Assistance Act of 1992 (5 U.S.C.
8348 note) is amended by striking out ``January 1, 1998'' and
inserting in lieu thereof ``January 1, 2000''.
(c) Restoration of Certain Leave.--Section 6304(d)(3) of
title 5, United States Code, is amended by striking out ``the
closure of an installation'' and inserting in lieu thereof
``the closure of an installation of the Department of Defense
pursuant to the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note) during any period, and the closure of any other
installation''.
(d) Continued Health Benefits.--Section 8905a(d)(4)(B) of
title 5, United States Code, is amended--
(1) by striking out ``October 1, 1997'' each place it
appears and inserting in lieu thereof ``October 1, 1999'';
and
(2) in clause (ii), by striking out ``February 1, 1998,''
and inserting in lieu thereof ``February 1, 2000,''.
SEC. 342. EXTENSION AND EXPANSION OF AUTHORITY TO CONDUCT
PERSONNEL DEMONSTRATION PROJECTS.
(a) China Lake Demonstration Project.--(1) Section 6 of the
Civil Service Miscellaneous Amendments Act of 1983 (Public
Law 98-224; 98 Stat. 49) is amended by striking out ``until
September 30, 1995,''.
(2) In the event of a reorganization of the organization
carrying out the personnel demonstration project referred to
in section 6 of such Act, such section shall apply with
respect to the successor to that organization.
(b) Defense Laboratories Personnel Demonstration
Projects.--(1) The Secretary of Defense may, with the
approval of the Director of the Office of Personnel
Management, carry out personnel demonstration projects at
Department of Defense laboratories designated by the
Secretary as Department of Defense science and technology
reinvention laboratories.
(2)(A) Each personnel demonstration project carried out
under the authority of paragraph (1) shall be generally
similar in nature to the China Lake demonstration project.
(B) For purposes of subparagraph (A), the China Lake
demonstration project is the demonstration project that is
authorized by section 6 of the Civil Service Miscellaneous
Amendments Act of 1983 to be continued at the Naval Weapons
Center, China Lake, California, and at the Naval Ocean
Systems Center, San Diego, California.
(3) If the Secretary carries out a demonstration project at
a laboratory pursuant to paragraph (1), section 4703 of title
5, United States Code, shall apply to the demonstration
project, except that--
(A) subsection (d) of such section 4703 shall not apply to
the demonstration project; and
(B) the authority of the Secretary to carry out the
demonstration project is that which is provided in paragraph
(1) rather than the authority which is provided in such
section 4703.
SEC. 343. LIMITATION ON PAYMENT OF SEVERANCE PAY TO CERTAIN
EMPLOYEES TRANSFERRING TO EMPLOYMENT POSITIONS
IN NONAPPROPRIATED FUND INSTRUMENTALITIES.
(a) In General.--Section 5595 of title 5, United States
Code, is amended by adding at the end the following:
``(h)(1) Severance pay under this section may not be paid
to--
``(A) a person described in paragraph (4)(A) during any
period in which the person is employed in a defense
nonappropriated fund instrumentality; or
``(B) a person described in paragraph (4)(B) during any
period in which the person is employed in a Coast Guard
nonappropriated fund instrumentality.
``(2)(A) Except as provided in subparagraph (B), payment of
severance pay to a person referred to in paragraph (1) may be
resumed upon any involuntary separation of the person from
the position of employment in a nonappropriated fund
instrumentality, not by removal for cause on charges of
misconduct, delinquency, or inefficiency.
``(B) Payment of severance pay may not be resumed under
subparagraph (A) in the case of a person who, upon
separation, is entitled to immediate payment of retired or
retainer pay as a member or former member of the uniformed
services or to an immediate annuity under--
``(i) a retirement system for persons retiring from
employment by a nonappropriated fund instrumentality;
``(ii) subchapter III of chapter 83 of this title;
``(iii) subchapter II of chapter 84 of this title; or
``(iv) any other retirement system of the Federal
Government for persons retiring from employment with the
Federal Government.
``(3) Upon resumption of payment of severance pay under
paragraph (2)(A) in the case of a person separated as
described in such paragraph, the amount of the severance pay
so payable for a period shall be reduced (but not below zero)
by the portion (if any) of the amount of any severance pay
payable for such period to the person by the nonappropriated
fund instrumentality that is attributable to credit for
service taken into account under subsection (c) in the
computation of the amount of the severance pay so resumed.
``(4) Paragraph (1) applies to a person who, on or after
January 1, 1987, moves without a break in service--
``(A) from employment in the Department of Defense that is
not employment in a defense nonappropriated fund
instrumentality to employment in a defense nonappropriated
fund instrumentality; or
``(B) from employment in the Coast Guard that is not
employment in a Coast Guard
[[Page 1625]]
nonappropriated fund instrumentality to employment in a Coast
Guard nonappropriated fund instrumentality.
``(5) The Secretary of Defense, in consultation with the
Secretary of Transportation, shall prescribe regulations to
carry out this subsection.
``(6) In this subsection:
``(A) The term `defense nonappropriated fund
instrumentality' means a nonappropriated fund instrumentality
of the Department of Defense.
``(B) The term `Coast Guard nonappropriated fund
instrumentality' means a nonappropriated fund instrumentality
of the Coast Guard.
``(C) The term `nonappropriated fund instrumentality' means
a nonappropriated fund instrumentality described in section
2105(c) of this title.''.
(b) Applicability.--Subsection (h) of section 5595 of title
5, United States Code, as added by subsection (a), shall
apply with respect to pay periods that begin on or after the
date of the enactment of this Act.
SEC. 344. RETIREMENT CREDIT FOR CERTAIN SERVICE IN
NONAPPROPRIATED FUND INSTRUMENTALITIES BEFORE
JANUARY 1, 1987.
(a) Study Required.--The Secretary of Defense, in
consultation with the Director of the Office of Personnel
Management, shall conduct a study to determine the level of
interest among employees referred to in subsection (b) in
obtaining credit under the Civil Service Retirement System or
the Federal Employees' Retirement System for former service
described in such subsection as an employee of a
nonappropriated fund instrumentality of the United States.
(b) Employees Concerned.--The employees referred to in
subsection (a) are employees of the Department of Defense
who, for at least 12 months during the period beginning on
January 1, 1966, and ending on December 31, 1986, performed
service as an employee described in section 2105(c) of title
5, United States Code, conducting a program described in
section 8332(b)(16)(A) of such title.
(c) Conduct of Study.--In carrying out the study under
subsection (a), the Secretary shall--
(1) provide an opportunity for all employees referred to in
that subsection to express interest in obtaining retirement
credit for the former service in a nonappropriated fund
instrumentality of the United States; and
(2) inform such employees that deposits to the Civil
Service Retirement and Disability Fund would be required of
the interested employees under section 8334(c) of title 5,
United States Code, or section 8411(f) of such title.
(d) Report.--Not later than February 1, 1995, the Secretary
shall submit to Congress a report on the results of the study
required by subsection (a). The report shall contain the
following:
(1) An analysis of the issues, including existing legal
rights of the employees referred to in subsection (b) under
the Civil Service Retirement System or the Federal Employees'
Retirement System.
(2) A description of the inequities, if any, that may have
been caused by conversion from employment by nonappropriated
fund instrumentalities of the United States to employment by
the Department of Defense.
(3) The number of full-time and part-time employees
referred to in subsection (b) who are affected by any
inequities described in paragraph (2).
(4) The recommendations of the Secretary, if any, for
redressing any inequities described in paragraph (2).
(5) An assessment of the cost to the Federal Government of
any recommendation referred to in paragraph (4).
SEC. 345. TRAVEL, TRANSPORTATION, AND RELOCATION EXPENSES OF
EMPLOYEES TRANSFERRING TO THE UNITED STATES
POSTAL SERVICE.
(a) In General.--(1) Subchapter II of chapter 57 of title
5, United States Code, is amended by adding at the end the
following:
``Sec. 5735. Travel, transportation, and relocation expenses
of employees transferring to the United States Postal
Service
``(a) In General.--Notwithstanding any other provision of
law, employees of the Department of Defense described in
subsection (b) may be authorized travel, transportation, and
relocation expenses and allowances in connection with
appointments referred to in such subsection under the same
conditions and to the same extent authorized by this
subchapter for transferred employees.
``(b) Covered Employees.--Subsection (a) applies to any
employee of the Department of Defense who--
``(1) is scheduled for separation from the Department,
other than for cause;
``(2) is selected for appointment to a continuing position
with the United States Postal Service; and
``(3) accepts the appointment.''.
(2) The table of sections at the beginning of such chapter
is amended by adding after the item relating to section 5734
the following new item:
``5735. Travel, transportation, and relocation expenses of employees
transferring to the United States Postal Service.''.
(b) Applicability.--The amendments made by subsection (a)
shall apply to persons separated from employment with the
Department of Defense on or after the date of the enactment
of this Act.
SEC. 346. FOREIGN EMPLOYEES COVERED BY THE FOREIGN NATIONAL
EMPLOYEES SEPARATION PAY ACCOUNT.
Section 1581 of title 10, United States Code, is amended--
(1) by striking out ``foreign national employees of the
Department of Defense'' each place it appears in subsections
(a) and (b) and inserting in lieu thereof ``foreign nationals
referred to in subsection (e)''; and
(2) by striking out subsection (e) and inserting in lieu
thereof the following:
``(e) Employees Covered.--This section applies only with
respect to separation pay of foreign nationals employed by
the Department of Defense, and foreign nationals employed by
a foreign government for the benefit of the Department of
Defense, under any of the following agreements that provide
for payment of separation pay:
``(1) A contract.
``(2) A treaty.
``(3) A memorandum of understanding with a foreign
nation.''.
SEC. 347. REPORT ON CONVERSION OF CERTAIN POSITIONS TO
PERFORMANCE BY DEPARTMENT OF DEFENSE EMPLOYEES.
(a) Findings.--Congress makes the following findings:
(1) In order to ensure an optimum level of availability of
members of the Armed Forces for assignment to combat units,
it is the policy of the Department of Defense to assign
employees of the Department of Defense to replace military
personnel in Department of Defense positions to which
assignment of military personnel can no longer be justified
under current circumstances.
(2) Assignment of employees of the Department of Defense to
such positions can provide valuable continuity for the
performance of many missions of the Department while
enhancing the readiness and military capability of the Armed
Forces.
(3) During the Persian Gulf War, employees of the
Department of Defense, employees of other Federal agencies,
and employees of civilian contractors, by their distinguished
service in the theater of operations, demonstrated the
valuable contributions that civilian personnel can make to
the performance of Department of Defense functions.
(4) The performance of Department of Defense functions by
employees of the Department is often less costly than the
performance of those functions by military personnel.
(5) The percentage of certain support positions that are
filled by employees of the Department of Defense varies
significantly among the military departments.
(6) The Secretary of Defense is reviewing the extent to
which employees of the Department of Defense should replace
military personnel in Department of Defense positions.
(b) Requirement for Report.--Not later than April 30, 1995,
the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a
report on the efforts of the Secretary--
(1) to identify positions in the Department of Defense to
which continued assignment of military personnel is no longer
justified under current circumstances; and
(2) to assign employees of the Department of Defense to
replace military personnel in those positions.
(c) Content of Report.--The report required by subsection
(b) shall contain the following:
(1) The number of positions identified by the Secretary,
including the positions in which employees of the Department
of Defense have replaced military personnel and the positions
to which employees of the Department of Defense are planned
to be assigned to replace military personnel.
(2) The cost of carrying out the planned changes in
assignments.
(3) A discussion of the effects of such changes on
workforce restructuring plans of the Department.
(4) A discussion of the efforts of the Secretary to
encourage within the Department of Defense the assignment of
employees of the Department to replace military personnel.
(5) An explanation of the justifications for maintaining
variances in excess of 20 percent among the military
departments in the percentage of support positions common to
two or more military departments that are filled by employees
of the Department of Defense rather than military personnel.
SEC. 348. NON-FEDERAL EMPLOYMENT INCENTIVE PILOT PROGRAM.
(a) Authority.--The Secretary of Defense may establish a
pilot program for the payment of incentives in accordance
with this section to facilitate the reemployment of eligible
employees of the Department of Defense whose employment with
the Department is being terminated by reason of the closure
or realignment of the military installations where such
persons are employed. Under the pilot program, the Secretary
may pay retraining and relocation incentives to encourage
non-Federal employers to hire and retain such employees.
(b) Eligible Employees.--For purposes of this section, an
eligible employee is an employee of the Department of
Defense, serving under an appointment without time
limitation, who has been employed by the Department of
Defense for a continuous period of at least 12 months and who
has been given notice of separation pursuant to a reduction
in force, except that such term does not include--
(1) a reemployed annuitant under subchapter III of chapter
83 of title 5, United States Code, chapter 84 of such title,
or another retirement system for employees of the Government;
[[Page 1626]]
(2) an employee who, upon separation from Federal service,
is eligible for an immediate annuity under subchapter III of
chapter 83 of title 5, United States Code, or subchapter II
of chapter 84 of such title; or
(3) an employee who is eligible for disability retirement
under any of the retirement systems referred to in paragraph
(1).
(c) Retraining Incentive.--(1) Under the pilot program, the
Secretary may enter into an agreement with a non-Federal
employer under which the non-Federal employer agrees--
(A) to employ a person referred to in subsection (a) for at
least 12 months for a salary which is mutually agreeable to
the employer and such person; and
(B) to certify to the Secretary the cost incurred by the
employer for any necessary training provided to such person
in connection with the employment by that employer.
(2) The Secretary shall pay a retraining incentive to the
non-Federal employer upon the employee's completion of 12
months of continuous employment by that employer. Subject to
subsection (f), the Secretary shall prescribe the amount of
the incentive.
(3) The Secretary shall pay a prorated amount of the full
retraining incentive to the non-Federal employer for an
employee who does not remain employed by the non-Federal
employer for at least 12 months.
(4) In no event may the amount of the retraining incentive
paid for the training of any one person under the pilot
program exceed the amount certified for that person under
paragraph (1).
(d) Relocation Incentive.--The Secretary may pay a
relocation incentive to an eligible employee if it is
necessary for the employee to relocate in order to commence
employment with a non-Federal employer under the pilot
program. Subject to subsection (f), the amount of the
incentive shall be equal to the total amount authorized to be
paid for travel, transportation, and subsistence expenses
under subchapter II of chapter 57 of title 5, United States
Code, including the reimbursements authorized under section
5724b of such title, to a Federal employee being transferred
between the same locations as the person paid the incentive.
(e) Approval of Secretary of Defense.--The Secretary of a
military department or the head of a Defense Agency may offer
an incentive under the pilot program with the prior approval
of the Secretary of Defense or pursuant to a delegation of
authority by the Secretary of Defense.
(f) Limitation.--The total amount of incentives paid in the
case of a person under the pilot program may not exceed
$10,000.
(g) Duration.--No incentive may be paid under the pilot
program for training or relocations commenced after September
30, 1999.
(h) Definitions.--In this section:
(1) The term ``non-Federal employer'' means an employer
that is not an Executive agency, as defined in section 105 of
title 5, United States Code, or the legislative or judicial
branch of the Federal Government.
(2) The term ``Defense Agency'' has the meaning given such
term in section 101(a)(11) of title 10, United States Code.
SEC. 349. UNIFORM HEALTH BENEFITS PROGRAM FOR EMPLOYEES OF
THE DEPARTMENT OF DEFENSE ASSIGNED TO
NONAPPROPRIATED FUND INSTRUMENTALITIES.
(a) In General.--Not later than October 1, 1995, the
Secretary of Defense shall take such steps as may be
necessary to provide a uniform health benefits program for
employees of the Department of Defense assigned to a
nonappropriated fund instrumentality of the Department.
(b) Progress Report.--Not later than March 15, 1995, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report
on the progress made by the Secretary in implementing
subsection (a).
Subtitle F--Department of Defense Domestic and Overseas Dependents'
Schools
SEC. 351. REAUTHORIZATION OF DEPARTMENT OF DEFENSE DOMESTIC
ELEMENTARY AND SECONDARY SCHOOLS FOR
DEPENDENTS.
(a) Continued Authority.--Chapter 108 of title 10, United
States Code, is amended by adding at the end the following
new section:
``Sec. 2164. Department of Defense domestic dependent
elementary and secondary schools
``(a) Authority of Secretary.--If the Secretary of Defense
makes a determination that appropriate educational programs
are not available through a local educational agency for
dependents of members of the armed forces and dependents of
civilian employees of the Federal Government residing on a
military installation in the United States (including
territories, commonwealths, and possessions of the United
States), the Secretary may enter into arrangements to provide
for the elementary or secondary education of the dependents
of such members of the armed forces and, to the extent
authorized in subsection (c), the dependents of such civilian
employees. The Secretary may, at the discretion of the
Secretary, permit dependents of members of the armed forces
and, to the extent provided in subsection (c), dependents of
civilian employees of the Federal Government residing in a
territory, commonwealth, or possession of the United States
but not on a military installation, to enroll in an
educational program provided by the Secretary pursuant to
this subsection.
``(b) Factors for Secretary To Consider.--(1) Factors to be
considered by the Secretary of Defense in making a
determination under subsection (a) shall include the
following:
``(A) The extent to which such dependents are eligible for
free public education in the local area adjacent to the
military installation.
``(B) The extent to which the local educational agency is
able to provide an appropriate educational program for such
dependents.
``(2) For purposes of paragraph (1)(B), an appropriate
educational program is a program that, as determined by the
Secretary, is comparable to a program of free public
education provided for children by the following local
educational agencies:
``(A) In the case of a military installation located in a
State (other than an installation referred to in subparagraph
(B)), local educational agencies in the State that are
similar to the local educational agency referred to in
paragraph (1)(B).
``(B) In the case of a military installation with
boundaries contiguous to two or more States, local
educational agencies in the contiguous States that are
similar to the local educational agency referred to in
paragraph (1)(B).
``(C) In the case of a military installation located in a
territory, commonwealth, or possession, the District of
Columbia public schools, except that an educational program
determined comparable under this subparagraph may be
considered appropriate for the purposes of paragraph (1)(B)
only if the program is conducted in the English language.
``(c) Eligibility of Dependents of Federal Employees.--(1)
A dependent of a Federal employee residing in permanent
living quarters on a military installation at any time during
the school year may enroll in an educational program provided
by the Secretary of Defense pursuant to subsection (a) for
dependents residing on such installation.
``(2)(A) Except as provided in subparagraphs (B) and (C), a
dependent of a Federal employee who is enrolled in an
educational program provided by the Secretary pursuant to
subsection (a) and who is not residing on a military
installation may be enrolled in the program for not more than
five consecutive school years.
``(B) A dependent referred to in subparagraph (A) may be
enrolled in the program for more than five consecutive school
years if the Secretary determines that, in the interest of
the dependent's educational well-being, there is good cause
to extend the enrollment for more than the five-year period
described in such subparagraph. Any such extension may be
made for only one school year at a time.
``(C) Subparagraph (A) shall not apply to an individual who
is a dependent of a Federal employee in the excepted service
(as defined in section 2103 of title 5) and who is enrolled
in an educational program provided by the Secretary pursuant
to subsection (a) in Puerto Rico, Wake Island, Guam, American
Samoa, the Northern Mariana Islands, or the Virgin Islands.
``(3) A dependent of a Federal employee may continue
enrollment in a program under this subsection for the
remainder of a school year notwithstanding a change during
such school year in the status of the Federal employee that,
except for this paragraph, would otherwise terminate the
eligibility of the dependent to be enrolled in the program.
The preceding sentence does not limit the authority of the
Secretary to remove the dependent from enrollment in the
program at any time for good cause determined by the
Secretary.
``(d) School Boards.--(1) The Secretary of Defense shall
provide for the establishment of a school board for
Department of Defense elementary and secondary schools
established at each military installation under this section.
``(2) The school board shall be composed of the number of
members, not fewer than three, prescribed by the Secretary.
``(3) The parents of the students attending the school
shall elect the school board in accordance with procedures
which the Secretary shall prescribe.
``(4)(A) A school board elected for a school under this
subsection may participate in the development and oversight
of fiscal, personnel, and educational policies, procedures,
and programs for the school, except that the Secretary may
issue any directive that the Secretary considers necessary
for the effective operation of the school or the entire
school system.
``(B) A directive referred to in subparagraph (A) shall, to
the maximum extent practicable, be issued only after the
Secretary consults with the appropriate school boards elected
under this subsection. The Secretary shall establish a
process by which a school board or school administrative
officials may formally appeal the directive to the Secretary
of Defense.
``(5) Meetings conducted by the school board shall be open
to the public, except as provided in paragraph (6).
``(6) A school board need not comply with the provisions of
the Federal Advisory Committee Act (5 U.S.C. App.), but may
close meetings in accordance with such Act.
``(e) Administration and Staff.--(1) The Secretary of
Defense may enter into such arrangements as may be necessary
to provide educational programs at the school.
``(2) The Secretary may, without regard to the provisions
of any other law relating to the number, classification, or
compensation of employees--
``(A) establish positions for civilian employees in schools
established under this section;
``(B) appoint individuals to such positions; and
[[Page 1627]]
``(C) fix the compensation of such individuals for service
in such positions.
``(3)(A) Except as provided in subparagraph (B), in fixing
the compensation of employees appointed for a school pursuant
to paragraph (2), the Secretary shall consider--
``(i) the compensation of comparable employees of the local
educational agency in the capital of the State where the
military installation is located;
``(ii) the compensation of comparable employees in the
local educational agency that provides public education to
students who reside adjacent to the military installation;
and
``(iii) the average compensation for similar positions in
not more than three other local educational agencies in the
State in which the military installation is located.
``(B) In fixing the compensation of employees in schools
established in the territories, commonwealths, and
possessions pursuant to the authority of this section, the
Secretary shall determine the level of compensation required
to attract qualified employees. For employees in such
schools, the Secretary, without regard to the provisions of
title 5, may provide for the tenure, leave, hours of work,
and other incidents of employment to be similar to that
provided for comparable positions in the public schools of
the District of Columbia. For purposes of the first sentence,
a school established before the effective date of this
section pursuant to authority similar to the authority in
this section shall be considered to have been established
pursuant to the authority of this section.
``(f) Substantive and Procedural Rights and Protections for
Children.--(1) The Secretary shall provide the following
substantive rights, protections, and procedural safeguards
(including due process procedures) in the educational
programs provided for under this section:
``(A) In the case of children with disabilities aged 3 to
5, inclusive, all substantive rights, protections, and
procedural safeguards (including due process procedures)
available to children with disabilities aged 3 to 5,
inclusive, under part B of the Individuals with Disabilities
Education Act (20 U.S.C. 1411 et seq.).
``(B) In the case of infants and toddlers with
disabilities, all substantive rights, protections, and
procedural safeguards (including due process procedures)
available to infants and toddlers with disabilities under
part H of such Act (20 U.S.C. 1471 et seq.).
``(C) In the case of all other children with disabilities,
all substantive rights, protections, and procedural
safeguards (including due process procedures) available to
children with disabilities who are 3 to 5 years old under
part B of such Act.
``(2) Paragraph (1) may not be construed as diminishing for
children with disabilities enrolled in day educational
programs provided for under this section the extent of
substantive rights, protections, and procedural safeguards
that were available under section 6(a) of Public Law 81-874
(20 U.S.C. 241(a)) to children with disabilities as of
October 7, 1991.
``(3) In this subsection:
``(A) The term `children with disabilities' has the meaning
given the term in section 602(a)(1) of the Individuals with
Disabilities Education Act (20 U.S.C. 1401(a)(1)).
``(B) The term `children with disabilities aged 3 to 5,
inclusive' means such term as used in such Act (20 U.S.C.
1400 et seq.).
``(C) The term `infants and toddlers with disabilities' has
the meaning given the term in section 672(1) of such Act (20
U.S.C. 1472(1)).
``(g) Reimbursement.--When the Secretary of Defense
provides educational services under this section to an
individual who is a dependent of an employee of a Federal
agency outside the Department of Defense, the head of the
other Federal agency shall, upon request of the Secretary of
Defense, reimburse the Secretary for those services at rates
routinely prescribed by the Secretary for those services. Any
payments received by the Secretary under this subsection
shall be credited to the account designated by the Secretary
for the operation of educational programs under this
section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2164. Department of Defense domestic dependent elementary and
secondary schools.''.
(c) Savings Provision.--Nothing in section 2164 of title
10, United States Code, as added by subsection (a), shall be
construed as affecting the rights in existence on the date of
the enactment of this Act of an employee of any school
established under such section (or any other provision of law
enacted before the date of the enactment of this Act that
established a similar school) to negotiate or bargain
collectively with the Secretary with respect to wages, hours,
and other terms and conditions of employment.
SEC. 352. REPORT ON CALCULATION AND RECOVERY OF TUITION COSTS
OF CERTAIN STUDENTS ENROLLED IN SCHOOLS OF THE
DEFENSE DEPENDENTS' EDUCATION SYSTEM.
(a) Report.--Not later than March 31, 1995, the Secretary
of Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives and the Committee
on Education and Labor of the House of Representatives a
report on the calculation and application of the tuition rate
required to be determined under section 1404(b) of the
Defense Dependents' Education Act of 1978 (20 U.S.C. 923(b)).
(b) Contents of Report.--The report required by subsection
(a) shall contain the following:
(1) A description of--
(A) the costs included in the tuition rate;
(B) the method by which the tuition rate is determined; and
(C) the method by which any increase in the tuition rate is
determined.
(2) An analysis of--
(A) the variation in the cost of providing educational
services in the defense dependents' education system in
different geographic locations; and
(B) the extent to which the imposition of a uniform tuition
rate enables the system to receive adequate funds to defray
the cost of providing educational services to tuition-paying
students.
(3) Recommendations of the Secretary with respect to
improvements that may be made in the determination and
application of the tuition rate.
SEC. 353. AUTHORITY TO ACCEPT GIFTS FOR DEPARTMENT OF DEFENSE
DOMESTIC ELEMENTARY AND SECONDARY SCHOOLS.
(a) Authority.--Section 2605 of title 10, United States
Code, is amended--
(1) by striking out ``the defense dependents' education
system provided for under the Defense Dependents' Education
Act of 1978 (20 U.S.C. 921 et seq.)'' in subsection (a) and
inserting in lieu thereof ``a defense dependents' school'';
and
(2) by striking out ``the defense dependent's education
system'' in subsection (b) and inserting in lieu thereof
``defense dependents' schools''.
(b) Definition.--Such section is further amended by adding
at the end the following new subsection:
``(g) In this section, the term `defense dependents'
school' means the following:
``(1) A school established as part of the defense
dependents' education system provided for under the Defense
Dependents' Education Act of 1978 (20 U.S.C. 921 et seq.).
``(2) An elementary or secondary school established
pursuant to section 2164 of this title.''.
(c) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 2605. Acceptance of gifts for defense dependents'
schools''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 155 of such title is
amended to read as follows:
``2605. Acceptance of gifts for defense dependents' schools.''.
SEC. 354. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT
BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED
FORCES AND DEPARTMENT OF DEFENSE CIVILIAN
EMPLOYEES.
(a) Availability of Funds.--Of the amounts authorized to be
appropriated in section 301(5)--
(1) $50,000,000 shall be available for providing
educational agencies assistance (as defined in subsection
(c)(1)) to local educational agencies; and
(2) $8,000,000 shall be available for making educational
agencies payments (as defined in subsection (c)(2)) to local
educational agencies.
(b) Notification and Disbursal.--(1) Not later than June
30, 1995--
(A) the Secretary of Defense shall notify each local
educational agency that is eligible for educational agencies
assistance for fiscal year 1995 of that agency's eligibility
for such assistance and the amount of such assistance for
which that agency is eligible; and
(B) the Secretary of Education shall notify each local
educational agency that is eligible for an educational
agencies payment for fiscal year 1995 of that agency's
eligibility for such payment and the amount of the payment
for which that agency is eligible.
(2) The Secretary of Defense (with respect to funds made
available under subsection (a)(1)) and the Secretary of
Education (with respect to funds made available under
subsection (a)(2)) shall disburse such funds not later than
30 days after the date on which notification to the eligible
local education agencies is provided pursuant to paragraph
(1).
(c) Definitions.--For purposes of this section:
(1) The term ``educational agencies assistance'' means
assistance authorized under subsection (b) of section 386 of
the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 106 Stat. 2395; 20 U.S.C. 238 note).
(2) The term ``educational agencies payments'' means
payments authorized under subsection (d) of that section.
Subtitle G--Reviews, Studies, and Reports
SEC. 361. REPORTS ON TRANSFERS OF CERTAIN OPERATION AND
MAINTENANCE FUNDS.
(a) Annual Reports.--In each of 1995, 1996, and 1997, the
Secretary of Defense shall submit to the congressional
defense committees, not later than the date on which the
President submits the budget pursuant to section 1105 of
title 31, United States Code, in that year, a report on the
following:
(1) Each transfer of amounts provided in an appropriation
Act to the Department of Defense for the activities referred
to in subsection (c) between appropriations during the
preceding fiscal year, including the reason for the transfer.
(2) Each transfer of amounts provided in an appropriation
Act to the Department of Defense for an activity referred to
in subsection
[[Page 1628]]
(c) within that appropriation for any other such activity
during the preceding fiscal year, including the reason for
the transfer.
(b) Midyear Reports.--On May 1 of each of 1995, 1996, and
1997, the Secretary of Defense shall submit to the
congressional defense committees a report on the following:
(1) Each transfer during the first six months of the fiscal
year in which the report is submitted of amounts provided in
an appropriation Act to the Department of Defense for the
activities referred to in subsection (c) between
appropriations, including the reason for the transfer.
(2) Each transfer during the first six months of the fiscal
year in which the report is submitted of amounts provided in
an appropriation Act to the Department of Defense for an
activity referred to in subsection (c) within that
appropriation for any other such activity, including the
reason for the transfer.
(c) Covered Activities.--The activities referred to in
subsections (a) and (b) are the following:
(1) Activities for which amounts are appropriated for the
Army for operation and maintenance for operating forces for
(A) combat units, (B) tactical support, (C) force-related
training/special activities, (D) depot maintenance, and (E)
JCS exercises.
(2) Activities for which amounts are appropriated for the
Navy for operation and maintenance for operating forces for
(A) mission and other flight operations, (B) mission and
other ship operations, (C) fleet air training, (D) ship
operational support and training, (E) aircraft depot
maintenance, and (F) ship depot maintenance.
(3) Activities for which amounts are appropriated for the
Air Force for operation and maintenance for operating forces
for (A) primary combat forces, (B) primary combat weapons,
(C) global and early warning, (D) air operations training,
(E) depot maintenance, and (F) JCS exercises.
(d) Repeal.--Section 377 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
107 Stat. 1638) is hereby repealed.
SEC. 362. REVIEW AND REPORT ON USE OF OPERATION AND
MAINTENANCE FUNDS BY THE DEPARTMENT OF DEFENSE.
(a) Review.--The Secretary of Defense shall review all
operation and maintenance accounts of the Department of
Defense to determine the extent to which funds appropriated
to those accounts are used for an activity for which funds
have been appropriated to, or are more appropriately made
available from, accounts of the Department for procurement,
research, development, test, and evaluation, or military
construction.
(b) Report.--Not later than March 31, 1995, the Secretary
shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report on the results
of the review conducted under subsection (a).
SEC. 363. COST COMPARISON STUDIES FOR CONTRACTS FOR ADVISORY
AND ASSISTANCE SERVICES.
(a) In General.--(1) Chapter 141 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2410l. Contracts for advisory and assistance services:
cost comparison studies
``(a) Requirement.--(1)(A) Before the Secretary of Defense
enters into a contract described in subparagraph (B), the
Secretary shall determine whether Department of Defense
personnel have the capability to perform the services
proposed to be covered by the contract.
``(B) Subparagraph (A) applies to any contract of the
Department of Defense for advisory and assistance services
that is expected to have a value in excess of $100,000.
``(2) If the Secretary determines that Department of
Defense personnel have the capability to perform the services
to be covered by the contract, the Secretary shall conduct a
study comparing the cost of performing the services with
Department of Defense personnel and the cost of performing
the services with contractor personnel.
``(b) Waiver.--The Secretary of Defense may, pursuant to
guidelines prescribed by the Secretary, waive the requirement
to perform a cost comparison study under subsection (a)(2)
based on factors that are not related to cost.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``2410l. Contracts for advisory and assistance services: cost
comparison studies.''.
(b) Procedures for Conduct of Studies.--The Secretary of
Defense shall prescribe the following procedures:
(1) Procedures for carrying out a cost comparison study
under subsection (a)(2) of section 2410l of title 10, United
States Code, as added by subsection (a), which may contain a
requirement that the cost comparison study include
consideration of factors that are not related to cost,
including the quality of the service required to be
performed, the availability of Department of Defense
personnel, the duration and recurring nature of the services
to be performed, and the consistency of the workload.
(2) Procedures for reviewing contracts entered into after a
waiver under subsection (b) of such section to determine
whether the contract is justified and sufficiently
documented.
(c) Effective Date.--Section 2410l of title 10, United
States Code, as added by subsection (a), shall take effect
180 days after the date of the enactment of this Act.
SEC. 364. REVIEW BY DEFENSE INSPECTOR GENERAL OF COST GROWTH
IN CERTAIN CONTRACTS.
(a) Review.--The Inspector General of the Department of
Defense shall carry out a review of a representative sample
of existing contracts for the performance of commercial
activities which resulted from a cost comparison study
conducted by the Department of Defense under Office of
Management and Budget Circular A-76 (or any successor
administrative regulation or policy) to determine the extent
to which the cost incurred by a contractor under any such
contract has exceeded the cost of the contract at the time
the contract was entered into.
(b) Report.--Not later than April 1, 1995, the Inspector
General shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report containing
the results of the review carried out under subsection (a).
Subtitle H--Other Matters
SEC. 371. ARMED FORCES RETIREMENT HOME.
(a) Increased Maximum Limitation on Deductions From Pay.--
Section 1007(i)(1) of title 37, United States Code, is
amended by striking out ``50 cents'' and inserting in lieu
thereof ``$1.00''.
(b) Modification of Fees Paid by Residents.--(1) Paragraph
(2) of section 1514(c) of the Armed Forces Retirement Home
Act of 1991 (24 U.S.C. 414(c)) is amended to read as follows:
``(2) The fee shall be fixed as a percentage of the monthly
income and monthly payments (including Federal payments)
received by a resident, subject to such adjustments in the
fee as the Retirement Home Board may make under paragraph
(1). The percentage shall be the same for each establishment
of the Retirement Home.''.
(2)(A) Subsections (d) and (e) of section 1514 of such Act
are repealed.
(B) Such section is further amended by adding after
subsection (c) the following new subsection (d):
``(d) Application of Fees.--Subject to such adjustments in
the fee as the Retirement Home Board may make under
subsection (c), each resident of the Retirement Home shall be
required to pay a monthly fee equal to the amount determined
by multiplying the total amount of all monthly income and
monthly payments (including Federal payments) received by the
resident by a percentage as follows:
``(1) In the case of a permanent health care resident--
``(A) in fiscal year 1998, 35 percent;
``(B) in fiscal year 1999, 45 percent; and
``(C) in fiscal year 2000, 65 percent.
``(2) In the case of a resident who is not a permanent
health care resident--
``(A) in fiscal year 1998, 30 percent;
``(B) in fiscal year 1999, 35 percent; and
``(C) in fiscal year 2000, 40 percent.''.
(c) Modernization of Facilities.--(1) The Chairman of the
Armed Forces Retirement Home Board shall carry out a study to
identify and evaluate alternatives for modernization of the
facilities at the United States Soldiers' and Airmen's Home.
(2) The Chairman shall submit an interim report and a final
report on the results of the study to the Committees on Armed
Services of the Senate and House of Representatives. The
Chairman shall submit the interim report not later than April
1, 1995, and the final report not later than December 31,
1995.
(d) Effective Dates.--(1) The amendment made by subsection
(a) shall take effect on January 1, 1995, and apply to years
that begin on or after that date.
(2) The amendments made by subsection (b) shall take effect
on October 1, 1997.
SEC. 372. LIMITATION ON USE OF APPROPRIATED FUNDS FOR
OPERATION OF ARMED FORCES RECREATION CENTER,
EUROPE.
(a) Limitation.--Subchapter I of chapter 134 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2247. Use of appropriated funds for operation of Armed
Forces Recreation Center, Europe: limitation
``(a) Limitation.--Except as provided in subsection (b),
funds appropriated to the Department of Defense may not be
used to operate the Armed Forces Recreation Center, Europe.
``(b) Exception.--Subsection (a) does not apply to the use
of funds for the payment of utilities, real property
maintenance, and transportation of products made in the
United States.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``2247. Use of appropriated funds for operation of Armed Forces
Recreation Center, Europe: limitation.''.
SEC. 373. LIMITATION ON RETENTION OF MORALE, WELFARE, AND
RECREATION FUNDS BY MILITARY INSTALLATIONS.
(a) Limitation.--Chapter 131 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2219. Retention of morale, welfare, and recreation
funds by military installations: limitation
``Amounts may not be retained in a nonappropriated morale,
welfare, and recreation account of a military installation of
a military department in excess of the amount necessary to
meet cash requirements of that installation. Amounts in
excess of that amount shall be transferred to a single, de-
[[Page 1629]]
partment-wide nonappropriated morale, welfare, and recreation
account of the military department.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2219. Retention of morale, welfare, and recreation funds by military
installations: limitation.''.
SEC. 374. SHIPS' STORES.
(a) Extension of Deadline for Conversion.--Section 371(a)
of the National Defense Authorization Act for Fiscal Year
1994 (Public Law 103-160; 107 Stat. 1634; 10 U.S.C. 7604
note) is amended by striking out ``October 1, 1994'' and
inserting in lieu thereof ``December 31, 1995''.
(b) Modification of Effective Date.--Section 371(d) of such
Act is amended by striking out ``shall take effect on the
date on which the Secretary of the Navy completes the
conversion referred to in subsection (a)'' and inserting in
lieu thereof ``shall take effect on October 1, 1994''.
SEC. 375. OPERATION OF MILITARY EXCHANGE AND COMMISSARY STORE
AT NAVAL AIR STATION FORT WORTH, JOINT RESERVE
CENTER, CARSWELL FIELD.
The Secretary of Defense shall provide for the operation by
the Army and Air Force Exchange Service, until December 31,
1995, of any military exchange and commissary store located
at the Naval Air Station Fort Worth, Joint Reserve Center,
Carswell Field.
SEC. 376. DISPOSITION OF PROCEEDS FROM OPERATION OF THE NAVAL
ACADEMY LAUNDRY.
Section 6971 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking out ``(a)''; and
(B) in the first sentence, by striking out ``and the
Academy dairy'' and inserting in lieu thereof ``the Academy
dairy, and the Academy laundry''; and
(2) by striking out subsection (b).
SEC. 377. AUTHORITY TO ISSUE MILITARY IDENTIFICATION CARDS TO
SO-CALLED HONORARY RETIREES OF THE NAVAL AND
MARINE CORPS RESERVES.
(a) Authority.--The Secretary of the Navy may issue a
military identification card to a member of the Retired
Reserve described in subsection (b).
(b) Covered Members.--A member of the Retired Reserve
referred to in subsection (a) is a member of the Naval
Reserve or Marine Corps Reserve who transferred to the
Retired Reserve under section 274(2) of title 10, United
States Code, without having completed the years of service
required under section 1331(a)(2) of such title for
eligibility for retired pay under chapter 67 of such title.
(c) Effect on Commissary and Exchange Benefits.--The
issuance of a military identification card under subsection
(a) to a member of the Retired Reserve does not confer
eligibility for commissary and exchange benefits on that
member.
(d) Limitation on Color and Format.--The Secretary shall
ensure that the color and format in which a military
identification card is issued under subsection (a) is not
similar to the color and format in which a military
identification card is issued by the Department of Defense to
individuals other than members described in subsection (b).
SEC. 378. REPEAL OF ANNUAL LIMITATION ON EXPENDITURES FOR
EMERGENCY AND EXTRAORDINARY EXPENSES OF THE
DEPARTMENT OF DEFENSE INSPECTOR GENERAL.
Section 127(c) of title 10, United States Code, is
amended--
(1) by striking out ``(1)'' after ``(c)''; and
(2) by striking out paragraph (2).
SEC. 379. TRANSFER OF CERTAIN EXCESS DEPARTMENT OF DEFENSE
PROPERTY TO EDUCATIONAL INSTITUTIONS AND
TRAINING SCHOOLS.
(a) Authority To Transfer.--Subparagraph (G) of section
2535(b)(1) of title 10, United States Code, is amended to
read as follows:
``(G) notwithstanding title II of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 481 et seq.)
and any other provision of law, authorize the transfer to a
nonprofit educational institution or training school, on a
nonreimbursable basis, of any such property already in the
possession of such institution or school whenever the program
proposed by such institution or school for the use of such
property is in the public interest.''.
(b) Treatment of Property Loaned Before December 31,
1993.--Except for property determined by the Secretary of
Defense to be needed by the Department of Defense, property
loaned before December 31, 1993, to an educational
institution or training school under section 2535(b) of title
10, United States Code, or section 4(a)(7) of the Defense
Industrial Reserve Act (as in effect before October 23, 1992)
shall be regarded as surplus property. Upon certification by
the Secretary to the Administrator of General Services that
the property is being used by the borrowing educational
institution or training school for a purpose consistent with
that for which the property was loaned, the Administrator may
authorize the conveyance of all right, title, and interest of
the United States in such property to the borrower if the
borrower agrees to accept the property. The Administrator may
require any additional terms and conditions in connection
with a conveyance so authorized that the Administrator
considers appropriate to protect the interests of the United
States.
SEC. 380. OPERATION OF OVERSEAS FACILITIES OF THE DEPARTMENT
OF DEFENSE BY UNITED STATES FIRMS.
(a) Sense of Congress.--It is the sense of Congress that,
to the maximum extent practicable, the Secretary of Defense
should give a preference to United States firms in the award
of contracts to operate Department of Defense facilities not
in the United States that provide goods and services to
members of the Armed Forces and the dependents of such
members.
(b) Definition.--In this section, the term ``United States
firm'' has the meaning given such term in section 2532(d)(1)
of title 10, United States Code.
SEC. 381. REQUIREMENTS FOR AUTOMATED INFORMATION SYSTEMS OF
THE DEPARTMENT OF DEFENSE.
(a) Determination Required.--(1) Not later than March 15 in
each of 1995, 1996, and 1997, the Secretary of Defense
shall--
(A) determine whether each automated information system
described in paragraph (2) meets the requirements set forth
in subsection (b); and
(B) take appropriate action to end the modernization or
development by the Department of Defense of any such system
that the Secretary determines does not meet such
requirements.
(2) An automated information system referred to in
paragraph (1) is an automated information system--
(A) that is undergoing modernization or development by the
Department of Defense;
(B) that exceeds $50,000,000 in value; and
(C) that is not a migration system, as determined by the
Enterprise Integration Executive Board of the Department of
Defense.
(b) Requirements.--The use of an automated information
system by the Department of Defense shall--
(1) contribute to the achievement of Department of Defense
strategies for the use of automated information systems;
(2) as determined by the Secretary, provide an acceptable
benefit from the investment in the system or make a
substantial contribution to the performance of the defense
mission for which the system is used;
(3) comply with Department of Defense directives applicable
to life cycle management of automated information systems;
and
(4) be based on guidance developed under subsection (c).
(c) Guidance for Use.--The Secretary of Defense shall
develop guidance for the use of automated information systems
by the Department of Defense. In developing the guidance, the
Secretary shall consider the following:
(1) Directives of the Office of Management and Budget
applicable to returns of investment for such systems.
(2) A sound, functional economic analysis.
(3) Established objectives for the Department of Defense
information infrastructure.
(4) Migratory assessment criteria, including criteria under
guidance provided by the Defense Information Systems Agency.
(d) Waiver.--(1) The Secretary of Defense may waive the
requirements of subsection (a) for an automated information
system if the Secretary determines that the purpose for which
the system is being modernized or developed is of compelling
military importance.
(2) If the Secretary exercises the waiver authority
provided in paragraph (1), the Secretary shall include the
following in the next report required by subsection (f):
(A) The reasons for the failure of the automated
information system to meet all of the requirements of
subsection (b).
(B) A determination of whether the system is expected to
meet such requirements in the future, and if so, the date by
which the system is expected to meet the requirements.
(e) Performance Measures and Management Controls.--(1) The
Secretary of Defense shall establish performance measures and
management controls for the supervision and management of the
activities described in paragraph (2). The performance
measures and management controls shall be adequate to ensure,
to the maximum extent practicable, that the Department of
Defense receives the maximum benefit possible from the
development, modernization, operation, and maintenance of
automated information systems.
(2) The activities referred to in paragraph (1) are the
following:
(A) Accelerated implementation of migration systems.
(B) Establishment of data standards.
(C) Process improvement.
(f) Reports.--Not later than March 15 in each of 1995,
1996, and 1997, the Secretary of Defense shall submit to
Congress a report on the establishment and implementation of
the performance measures and management controls referred to
in subsection (e)(1). Each such report shall also specify--
(1) the automated information systems that, as determined
under subsection (a), meet the requirements of subsection
(b);
(2) the automated information systems that, as determined
under subsection (a), do not meet the requirements of
subsection (b) and the action taken by the Secretary to end
the use of such systems; and
(3) the automated information systems that, as determined
by the Enterprise Integration Executive Board, are migration
systems.
(g) Review by Comptroller General.--Not later than April
30, 1995, the Comptroller General of the United States shall
submit to Congress a report that contains an evaluation of
the following:
(1) The progress made by the Department of Defense in
achieving the goals of the cor-
[[Page 1630]]
porate information management program of the Department.
(2) The progress made by the Secretary of Defense in
establishing the performance measures and management controls
referred to in subsection (e)(1).
(3) The progress made by the Department of Defense in using
automated information systems that meet the requirements of
subsection (b).
(4) The report required by subsection (f) to be submitted
in 1995.
(h) Definitions.--In this section:
(1) The term ``automated information system'' means an
automated information system of the Department of Defense
described in the exhibits designated as ``IT-43'' in the
budget submitted to Congress by the President for fiscal year
1995 pursuant to section 1105 of title 31, United States
Code.
(2) The term ``migration system'' has the meaning given
such term in the document entitled ``Department of Defense
Strategy for Acceleration of Migration Systems and Data
Standards'' attached to the memorandum of the Department of
Defense dated October 13, 1993 (relating to accelerated
implementation of migration systems, data standards, and
process improvement).
SEC. 382. PROGRAM TO COMMEMORATE WORLD WAR II.
(a) Extension.--Section 378 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484;
106 Stat. 2387; 113 U.S.C. note) is amended by striking out
``1995'' in subsections (a) and (b) and inserting in lieu
thereof ``1996''.
(b) Report.--(1) Not later than March 31, 1995, the
Executive Director of the 50th Anniversary of World War II
Commemoration Committee established by the Department of
Defense shall submit to the Secretary of Defense a report on
the reimbursement of a person for expenses incurred by that
person in providing voluntary support for activities and
programs conducted under the commemoration program referred
to in section 378(a) of such Act. The report shall include
the recommendations of the Committee on whether such
reimbursement is appropriate, and if so, the extent of the
reimbursement and the conditions upon which it should be
provided.
(2) Not later than 45 days after receiving the report
referred to in paragraph (1), the Secretary of Defense shall
submit the report to the Committees on Armed Services of the
Senate and House of Representatives together with any
comments of the Secretary regarding that report.
SEC. 383. ASSISTANCE TO RED CROSS FOR EMERGENCY
COMMUNICATIONS SERVICES FOR MEMBERS OF THE
ARMED FORCES AND THEIR FAMILIES.
(a) Assistance.--The following amounts shall be available
for obtaining emergency communications services for members
of the Armed Forces and their families from the American
National Red Cross:
(1) For fiscal year 1995, $14,500,000 of the amount
authorized to be appropriated in section 301(5).
(2) For each of fiscal years 1996 and 1997, $14,500,000 of
the amount authorized to be appropriated for the Department
of Defense for that fiscal year for operation and maintenance
for Defense-wide activities.
(b) Report.--Not later than November 30 in each of 1994,
1995, and 1996, the Secretary of Defense shall submit to
Congress a report on whether it is necessary for the
Department of Defense to support the emergency communications
services of the American National Red Cross in order to
provide such services for members of the Armed Forces and
their families. The report shall include the following:
(1) An estimate of the amount of funds necessary to provide
such support.
(2) A projection of the date upon which the American
National Red Cross can assume full financial responsibility
for providing such emergency communications services.
(3) An assessment of the alternatives available to the
Secretary for obtaining such emergency communications
services, including the provision of such services by the
Department of Defense.
SEC. 384. CLARIFICATION OF AUTHORITY TO PROVIDE MEDICAL
TRANSPORTATION UNDER NATIONAL GUARD PILOT
PROGRAM.
Paragraph (1) of section 376(h) of the National Defense
Authorization Act for Fiscal Year 1993 (32 U.S.C. 501 note)
is amended to read as follows:
``(1) The term `health care' includes the following
services:
``(A) Medical care services.
``(B) Dental care services.
``(C) Transportation, by air ambulance or other means, for
medical reasons.''.
SEC. 385. NATIONAL GUARD ASSISTANCE FOR CERTAIN YOUTH AND
CHARITABLE ORGANIZATIONS.
(a) Authority To Provide Assistance.--Chapter 5 of title
32, United States Code, is amended by adding at the end the
following:
``Sec. 508. Assistance for certain youth and charitable
organizations
``(a) Authority To Provide Services.--Members and units of
the National Guard may provide the services described in
subsection (b) to an eligible organization in conjunction
with training required under this chapter in any case in
which--
``(1) the provision of such services does not adversely
affect the quality of that training or otherwise interfere
with the ability of a member or unit of the National Guard to
perform the military functions of the member or unit;
``(2) the services to be provided are not commercially
available, or any commercial entity that would otherwise
provide such services has approved, in writing, the provision
of such services by the National Guard;
``(3) National Guard personnel will enhance their military
skills as a result of providing such services; and
``(4) the provision of the services will not result in a
significant increase in the cost of the training.
``(b) Authorized Services.--The services authorized to be
provided under subsection (a) are as follows:
``(1) Ground transportation.
``(2) Air transportation in support of Special Olympics.
``(3) Administrative support services.
``(4) Technical training services.
``(5) Emergency medical assistance and services.
``(6) Communications services.
``(c) Other Authorized Assistance.--Facilities and
equipment of the National Guard, including military property
of the United States issued to the National Guard and General
Services Administration vehicles leased to the National
Guard, and General Services Administration vehicles leased to
the Department of Defense, may be used in connection with
providing services to any eligible organization under this
section.
``(d) Eligible Organizations.--The organizations eligible
to receive services under this section are as follows:
``(1) The Boy Scouts of America.
``(2) The Girl Scouts of America.
``(3) The Boys Clubs of America.
``(4) The Girls Clubs of America.
``(5) The Young Men's Christian Association.
``(6) The Young Women's Christian Association.
``(7) The Civil Air Patrol.
``(8) The United States Olympic Committee.
``(9) The Special Olympics.
``(10) The Campfire Boys.
``(11) The Campfire Girls.
``(12) The 4-H Club.
``(13) The Police Athletic League.
``(14) Any other youth or charitable organization
designated by the Secretary of Defense.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following:
``508. Assistance for certain youth and charitable organizations.''.
SEC. 386. ONE-YEAR EXTENSION OF CERTAIN PROGRAMS.
(a) Demonstration Project for Use of Proceeds From the Sale
of Certain Property.--(1) Section 343(d)(1) of the National
Defense Authorization Act for Fiscal Years 1992 and 1993
(Public Law 102-190; 105 Stat. 1344) is amended by striking
out ``terminate on December 5, 1994'' and inserting in lieu
thereof ``terminate on December 5, 1995''.
(2) Section 343(e) of such Act is amended by striking out
``February 3, 1995'' and inserting in lieu thereof ``February
3, 1996''.
(b) Authority for Aviation Depots and Naval Shipyards To
Engage in Defense-Related Production and Services.--Section
1425(e) of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 104 Stat. 1684) is amended by
striking out ``September 30, 1994'' and inserting in lieu
thereof ``September 30, 1995''.
(c) Authority of Base Commanders Over Contracting for
Commercial Activities.--Section 2468(f) of title 10, United
States Code, is amended by striking out ``September 30,
1994'' and inserting in lieu thereof ``September 30, 1995''.
SEC. 387. PROCUREMENT OF PORTABLE VENTILATORS FOR THE DEFENSE
MEDICAL FACILITY OFFICE, FORT DETRICK,
MARYLAND.
Of the funds authorized to be appropriated by section
301(5), $2,500,000 shall be available for the procurement of
portable ventilators for the Defense Medical Facility Office,
Fort Detrick, Maryland.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty
personnel as of September 30, 1995, as follows:
(1) The Army, 510,000.
(2) The Navy, 441,641.
(3) The Marine Corps, 174,000.
(4) The Air Force, 400,051.
SEC. 402. TEMPORARY VARIATION OF END STRENGTH LIMITATIONS FOR
ARMY MAJORS AND LIEUTENANT COLONELS.
(a) Variation Authorized.--In the administration of the
limitation under section 523(a)(1) of title 10, United States
Code, for fiscal years 1995 through 1997, the numbers
applicable to officers of the Army serving on active duty in
the grades of major and lieutenant colonel shall be the
numbers set forth for that fiscal year in subsection (b)
(rather than the numbers determined in accordance with the
table in that section).
(b) Numbers for Fiscal Years 1995 through 1997.--The
numbers referred to in subsection (a) are as follows:
------------------------------------------------------------------------
Number of officers who
may be serving on active
duty in the grade of:
Fiscal year: -------------------------
Lieutenant
Major colonel
------------------------------------------------------------------------
1995.......................................... 12,603 8,506
1996.......................................... 12,870 8,646
[[Page 1631]]
1997.......................................... 12,870 8,646.
------------------------------------------------------------------------
SEC. 403. EXTENSION OF TEMPORARY VARIATION OF END STRENGTH
LIMITATIONS FOR MARINE CORPS MAJORS AND
LIEUTENANT COLONELS.
(a) Extension of Authority.--Subsection (a) of section 402
of the National Defense Authorization Act for Fiscal Year
1994 (Public Law 103-160; 107 Stat. 1639; 10 U.S.C. 523 note)
is amended by striking out ``and 1995'' and inserting in lieu
thereof ``through 1997''
(b) Limitation.--The table in subsection (b) of such
section is amended to read as follows:
------------------------------------------------------------------------
Number of officers who
may be serving on active
duty in the grade of:
``Fiscal year: -------------------------
Lieutenant
Major colonel
------------------------------------------------------------------------
1994.......................................... 3,023 1,578
1995.......................................... 3,157 1,634
1996.......................................... 3,157 1,634
1997.......................................... 3,157 1,634.''.
------------------------------------------------------------------------
(c) Clerical Amendment.--The caption of subsection (b) of
such section is amended by striking out ``and 1995.--'' and
inserting in lieu thereof ``Through 1997.--''.
SEC. 404. INCREASE IN AUTHORIZED STRENGTH FOR MARINE CORPS
GENERAL OFFICERS ON ACTIVE DUTY AFTER FISCAL
YEAR 1995.
Section 526(a)(4) of title 10, United States Code, is
amended by striking out ``before October 1, 1995,'' and all
that follows through ``that date''.
SEC. 405. MANAGEMENT OF SENIOR GENERAL AND FLAG OFFICER
POSITIONS.
(a) In General.--Section 525(b) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(5)(A) An officer while serving in a position specified
in section 604(b) of this title, if serving in the grade of
general or admiral, is in addition to the number that would
otherwise be permitted for that officer's armed force for
officers serving on active duty in grades above major general
or rear admiral, as the case may be, under the first sentence
of paragraph (1) or (2), as applicable.
``(B) Subparagraph (A) does not apply in the case of an
officer serving in such a position if the Secretary of
Defense, when considering officers for recommendation to the
President for appointment to fill the vacancy in that
position which was filled by that officer, did not have a
recommendation for that appointment from each Secretary of a
military department who (pursuant to section 604(a) of this
title) was required to make such a recommendation.
``(C) This paragraph shall cease to be effective at the end
of September 30, 1997.''.
(b) Limitation on Number of 4-Star Positions.--(1) Chapter
32 of such title is amended by adding at the end the
following new section:
``Sec. 528. Limitation on number of officers on active duty
in grades of general and admiral
``(a) Limitation.--The total number of officers on active
duty after September 30, 1995, in the Army, Air Force, and
Marine Corps in the grade of general and in the Navy in the
grade of admiral may not exceed 32.
``(b) Exceptions.--The limitation in subsection (a) does
not apply in the case of an officer serving in the grade of
general or admiral in a position that is specifically
exempted by law from being counted for purposes of
limitations by law on the total number of officers that may
be on active duty in the grades of general and admiral or the
number of officers that may be on active duty in that
officer's armed force in the grade of general or admiral.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``528: Limitation on number of officers on active duty in grades of
general and admiral.''.
(c) Greater Service Competition for Joint 4-Star
Positions.--(1) Chapter 35 of such title is amended by adding
at the end the following new section:
``Sec. 604. Senior joint officer positions: recommendations
to the Secretary of Defense
``(a) Joint 4-Star Officer Positions.--(1) Whenever a
vacancy occurs, or is anticipated to occur, in a position
specified in subsection (b)--
``(A) the Secretary of Defense shall require the Secretary
of the Army to submit the name of at least one Army officer,
the Secretary of the Navy to submit the name of at least one
Navy officer and the name of at least one Marine Corps
officer, and the Secretary of the Air Force to submit the
name of at least one Air Force officer for consideration by
the Secretary for recommendation to the President for
appointment to that position; and
``(B) the Chairman of the Joint Chiefs of Staff may submit
to the Secretary of Defense the name of one or more officers
(in addition to the officers whose names are submitted
pursuant to subparagraph (A)) for consideration by the
Secretary for recommendation to the President for appointment
to that position.
``(2) Whenever the Secretaries of the military departments
are required to submit the names of officers under paragraph
(1)(A), the Chairman of the Joint Chiefs of Staff shall
submit to the Secretary of Defense the Chairman's evaluation
of the performance of each officer whose name is submitted
under that paragraph (and of any officer whose name the
Chairman submits to the Secretary under paragraph (1)(B) for
consideration for the same vacancy). The Chairman's
evaluation shall primarily consider the performance of the
officer as a member of the Joint Staff and in other joint
duty assignments, but may include consideration of other
aspects of the officer's performance as the Chairman
considers appropriate.
``(b) Covered Positions.--Subsection (a) applies to the
following positions:
``(1) Commander of a combatant command.
``(2) Commander, United States Forces, Korea.
``(3) Deputy commander, United States European Command, but
only if the commander of that command is also the Supreme
Allied Commander, Europe.
``(c) Expiration.--This section shall cease to be effective
at the end of September 30, 1997.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``604. Senior joint officer positions: recommendations to the Secretary
of Defense.''.
(d) Report.--Not later than March 1, 1996, the Secretary of
Defense shall submit to Congress a report on the
implementation of the amendments made by this section. The
report shall include an assessment of the effectiveness of
those amendments in meeting the objective of encouraging more
competition among all services for appointment of officers to
joint three-star and four-star positions. The report may
include such additional recommendations concerning general
and flag officer selection policy as the Secretary considers
appropriate.
SEC. 406. TEMPORARY EXCLUSION OF SUPERINTENDENT OF NAVAL
ACADEMY FROM COUNTING TOWARD NUMBER OF SENIOR
ADMIRALS AUTHORIZED TO BE ON ACTIVE DUTY.
The officer serving as Superintendent of the United States
Naval Academy on the date of the enactment of this Act, while
so serving, shall not be counted for purposes of the
limitations contained in section 525(b)(2) of title 10,
United States Code.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as
of September 30, 1995, as follows:
(1) The Army National Guard of the United States, 400,000.
(2) The Army Reserve, 242,000.
(3) The Naval Reserve, 102,960
(4) The Marine Corps Reserve, 42,000.
(5) The Air National Guard of the United States, 115,581.
(6) The Air Force Reserve, 78,706.
(7) The Coast Guard Reserve, 8,000.
(b) Waiver Authority.--The Secretary of Defense may
increase the end strength authorized by subsection (a) by not
more than 2 percent.
(c) Adjustments.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve
component shall be reduced proportionately by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component
which are on active duty (other than for training) at the end
of the fiscal year, and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released
from active duty during any fiscal year, the end strength
prescribed for such fiscal year for the Selected Reserve of
such reserve component shall be increased proportionately by
the total authorized strengths of such units and by the total
number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN
SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 1995, the following number of Reserves to be
serving on full-time active duty or, in the case of members
of the National Guard, full-time National Guard duty for the
purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 23,650.
(2) The Army Reserve, 11,940.
(3) The Naval Reserve, 17,510.
(4) The Marine Corps Reserve, 2,285.
(5) The Air National Guard of the United States, 9,098.
(6) The Air Force Reserve, 648.
SEC. 413. DELAY IN INCREASE IN NUMBER OF ACTIVE COMPONENT
MEMBERS TO BE ASSIGNED FOR TRAINING
COMPATIBILTY WITH GUARD UNITS.
Section 414(c) of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (10 U.S.C. 261 note) is
amended by striking out ``September 30, 1994'' and inserting
in lieu thereof ``September 30, 1996''.
[[Page 1632]]
Subtitle C--Military Training Student Loads
SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.
(a) In General.--For fiscal year 1995, the Armed Forces are
authorized average military training student loads as
follows:
(1) The Army, 69,420.
(2) The Navy, 43,064.
(3) The Marine Corps, 25,377.
(4) The Air Force, 36,840.
(b) Scope.--The average military training student load
authorized for an armed force under subsection (a) applies to
the active and reserve components of that armed force.
(c) Adjustments.--The average military training student
loads authorized in subsection (a) shall be adjusted
consistent with the end strengths authorized in subtitles A
and B. The Secretary of Defense shall prescribe the manner in
which such adjustments shall be apportioned.
Subtitle D--Authorization of Appropriations
SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY
PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
1995 a total of $70,938,597,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 1995.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. CONSISTENCY OF WARRANT OFFICER PERSONNEL MANAGEMENT
POLICIES WITH POLICIES APPLICABLE TO OTHER
OFFICERS.
(a) Exception From Mandatory Consideration by Promotion
Board.--Section 575(d) of title 10, United States Code, is
amended by inserting ``(except for a warrant officer
precluded from consideration under regulations prescribed by
the Secretary concerned under section 577 of this title)''
after ``under consideration''.
(b) Secretarial Submission of Promotion Board Report.--
Section 576(f)(1) of such title is amended by striking out
the second sentence.
(c) Certain Promotion Formalities Deemed Completed.--
Section 578 of such title is amended by adding at the end the
following new subsections:
``(e) A warrant officer who is appointed to a higher grade
under this section is considered to have accepted such
appointment on the date on which the appointment is made
unless the officer expressly declines the appointment.
``(f) A warrant officer who has served continuously as an
officer since subscribing to the oath of office prescribed in
section 3331 of title 5 is not required to take a new oath
upon appointment to a higher grade under this section.''.
(d) Clarificiation of Warrant Officers Subject to WOMA
Authorities.--Section 582(2) of such title is amended by
inserting before the period at the end the following:
``(other than retired warrant officers who were recalled to
active duty before February 1, 1992, and have served
continuously on active duty since that date)''.
SEC. 502. AUTHORITY FOR ORIGINAL REGULAR APPOINTMENTS OF NAVY
AND MARINE CORPS LIMITED DUTY OFFICERS SERVING
IN GRADES ABOVE PAY GRADE O-3 UNDER TEMPORARY
APPOINTMENTS.
Section 5589 of title 10, United States Code, is amended--
(1) by redesignating subsections (c), (d), (e), and (f) as
subsections (d), (e), (f), and (g), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c)(1) An officer described in paragraph (2) may be given
an original appointment as a regular officer of the Navy or
the Marine Corps, as the case may be, in the grade, and with
the date of rank in that grade, in which the officer is
serving on the day before such original appointment.
``(2) This subsection applies to an officer of the Navy and
Marine Corps who--
``(A) is on the active-duty list;
``(B) holds a permanent enlisted or warrant officer grade;
``(C) is designated for limited duty under subsection (a)
of section 5596 of this title; and
``(D) is serving in the grade of lieutenant commander or
commander, or in the grade of major or lieutenant colonel,
under a temporary appointment under subsection (d) of section
5596 of this title.''.
SEC. 503. NAVY AND MARINE CORPS LIMITED DUTY OFFICERS TWICE
HAVING FAILED OF SELECTION FOR PROMOTION.
(a) Treatment of LDOs Twice Having Failed of Selection.--
Section 6383 of title 10, United States Code, is amended--
(1) by redesignating subsections (g), (h), (i), and (j) as
subsections (i), (j), (k), and (l), respectively; and
(2) by striking out subsection (f) and inserting in lieu
thereof the following:
``(f) 18-Year Retirement Sanctuary.--If an officer subject
to discharge under subsection (b), (d), or (e) is (as of the
date on which the officer is to be discharged) not eligible
for retirement under any provision of law but is within two
years of qualifying for retirement under section 6323 of this
title, the officer shall be retained on active duty as an
officer designated for limited duty until becoming qualified
for retirement under that section and shall then be retired
under that section, unless the officer is sooner retired or
discharged under another provision of law or the officer
reverts to a warrant officer grade pursuant to subsection
(h).
``(g) Reenlistment for LDOs Appointed From Enlisted
Grades.--(1) An officer subject to discharge under subsection
(b), (d), or (e) who is described in paragraph (2) may, upon
the officer's request and in the discretion of the Secretary
of the Navy, be enlisted in a grade prescribed by the
Secretary upon the officer's discharge pursuant to such
subsection.
``(2) An officer described in this paragraph is an officer
who--
``(A) is not eligible for retirement under any provision of
law;
``(B) is not covered by subsection (f); and
``(C) was in an enlisted grade when first appointed as an
officer designated for limited duty.
``(h) Reversion to Warrant Officer Grade for LDOs Appointed
From Warrant Officer Grades.--An officer subject to discharge
under subsection (b), (d), or (e) (including an officer
otherwise subject to retention under subsection (f)) who is
not eligible for retirement under any provision of law and
who had the permanent status of a warrant officer when first
appointed as an officer designated for limited duty may, at
the officer's option, revert to the warrant officer grade and
status that the officer would hold if the officer had not
been appointed as an officer designated for limited duty.''.
(b) Clarification of Officers Subject to Selective
Retention.--Subsection (k) of such section (as redesignated
by subsection (a)(1)) is amended by striking out ``or the
discharge under subsection (d)'' in the first sentence and
inserting in lieu thereof ``or the discharge under subsection
(b) or (d)''.
(c) Conforming Amendments.--Such section is further
amended--
(1) in subsection (a) by striking out ``Except as provided
in subsection (i),'' each place it appears and inserting in
lieu thereof ``Except as provided in subsection (k),''; and
(2) in subsections (b) and (d), by striking out ``Except as
provided in subsection (i),'' and inserting in lieu thereof
``Except as provided in subsections (f) and (k),''.
(d) Subsection Headings.--Such section is further amended
as follows:
(1) Subsection (a) is amended by striking out ``(a)(1)''
and inserting in lieu thereof ``(a) Mandatory Retirement.--
(1)''.
(2) Subsection (b) is amended by inserting ``Lieutenant
Commanders and Majors Who Twice Fail of Selection for
Promotion.--'' after ``(b)''.
(3) Subsection (c) is amended by inserting ``Retired Grade
and Retired Pay.--'' after ``(c)''.
(4) Subsection (d) is amended by inserting ``Navy
Lieutenants and Marine Corps Captains Who Twice Fail of
Selection for Promotion.--'' after ``(d)''.
(5) Subsection (e) is amended by striking out ``(e)(1)''
and inserting in lieu thereof ``(e) Officers in Pay Grades O-
2 and O-1 Who Twice Fail of Selection for Promotion or Are
Found Not Qualified for Promotion.--(1)''.
(6) Subsection (i) (as redesignated by subsection (a)(1))
is amended by inserting ``Determination of Grade and Status
of Officers Reverting to Prior Status.--'' after ``(i)''.
(7) Subsection (j) (as redesignated by subsection (a)(1))
is amended by inserting ``Separation Pay for Officers
Discharged.--'' after ``(j)''.
(8) Subsection (k) (as redesignated by subsection (a)(1))
is amended by inserting ``Selective Retention Boards for
LDOs.--'' after ``(k)''.
(9) Subsection (l) (as redesignated by subsection (a)(1))
is amended by inserting ``Applicability of Section Only to
Permanent LDOs.--'' after ``(l)''.
SEC. 504. SELECTION FOR DESIGNATED JUDGE ADVOCATE GENERAL AND
FLAG OFFICER POSITIONS.
(a) Army.--Section 3037 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(d) Under regulations prescribed by the Secretary of
Defense, the Secretary of the Army, in selecting an officer
for recommendation to the President under subsection (a) for
appointment as the Judge Advocate General or Assistant Judge
Advocate General, shall ensure that the officer selected is
recommended by a board of officers that, insofar as
practicable, is subject to the procedures applicable to
selection boards convened under chapter 36 of this title.''.
(b) Navy and Marine Corps.--(1) Section 5148 of such title
is amended--
(A) in subsection (b), by striking out the last sentence
and and inserting in lieu thereof the following: ``If an
officer appointed as the Judge Advocate General holds a lower
regular grade, the officer shall be appointed in the regular
grade of rear admiral or major general, as appropriate.'';
and
(B) by striking out subsection (c) and inserting in lieu
thereof the following:
``(c) Under regulations prescribed by the Secretary of
Defense, the Secretary of the Navy, in selecting an officer
for recommendation to the President for appointment as the
Judge Advocate General, shall ensure that the officer
selected is recommended by a board of officers that, insofar
as practicable, is subject to the procedures applicable to
selection boards convened under chapter 36 of this title.''.
(2) Section 5149(a) of such title is amended--
(A) by inserting ``(1)'' after ``(a)'';
(B) by striking out the second and third sentences and
inserting in lieu thereof the following: ``If an officer
appointed as the Deputy Judge Advocate General holds a lower
regular grade, the officer shall be ap-
[[Page 1633]]
pointed in the regular grade of rear admiral or major
general, as appropriate.''; and
(C) by adding at the end the following:
``(2) Under regulations prescribed by the Secretary of
Defense, the Secretary of the Navy, in selecting an officer
for recommendation to the President for appointment as the
Deputy Judge Advocate General, shall ensure that the officer
selected is recommended by a board of officers that, insofar
as practicable, is subject to the procedures applicable to
selection boards convened under chapter 36 of this title.''.
(3) Section 5133 of such title is amended--
(A) in subsection (a)--
(i) by striking out ``or the Judge Advocate General'' in
the first sentence; and
(ii) by striking out the second sentence; and
(B) in the first sentence of subsection (b)--
(i) by striking out ``or the Judge Advocate General'' both
places it appears; and
(ii) by striking out ``or major general, as appropriate''.
(4) Section 5046 of such title--
(A) in subsection (a), by striking out the second sentence
and inserting in lieu thereof the following: ``If an officer
appointed as the Staff Judge Advocate to the Commandant of
the Marine Corps holds a lower regular grade, the officer
shall be appointed in the regular grade of brigadier
general.''; and
(B) by striking out subsection (b) and inserting in lieu
thereof the following:
``(b) Under regulations prescribed by the Secretary of
Defense, the Secretary of the Navy, in selecting an officer
for recommendation to the President for appointment as the
Staff Judge Advocate to the Commandant of the Marine Corps,
shall ensure that the officer selected is recommended by a
board of officers that, insofar as practicable, is subject to
the procedures applicable to selection boards convened under
chapter 36 of this title.''.
(5) The heading of section 5133, and the item relating to
that section in the table of sections at the beginning of
chapter 513 of such title, are each amended by striking out
the third through sixth words.
(c) Air Force.--Section 8037 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(e) Under regulations prescribed by the Secretary of
Defense, the Secretary of the Air Force, in selecting an
officer for recommendation to the President under subsection
(a) for appointment as the Judge Advocate General or under
subsection (d) for appointment as the Deputy Judge Advocate
General, shall ensure that the officer selected is
recommended by a board of officers that, insofar as
practicable, is subject to the procedures applicable to
selection boards convened under chapter 36 of this title.''.
Subtitle B--Reserve Component Matters
SEC. 511. INCREASED PERIOD OF ACTIVE DUTY FOR RESERVE FORCES
MOBILIZED OTHER THAN DURING WAR OR NATIONAL
EMERGENCY.
(a) Revision to Period of Active Duty.--Section 673b of
title 10, United States Code, is amended--
(1) in subsection (a), by striking out ``90 days'' and
inserting in lieu thereof ``270 days''; and
(2) by striking out subsection (i).
(b) Report Required.--(1) Not later than April 1, 1995, the
Secretary of Defense shall submit to the congressional
defense committees a report on the desirability of increasing
the authority of the President to order units and members of
the reserve components to active duty without the consent of
the members concerned.
(2) The report shall include the following:
(A) An analysis of options for increased presidential
authority.
(B) An assessment of the effects of each option on
recruiting, retention, employer support for the reserve
components, and the families of members of the reserve
components.
(C) Programs that the Secretary recommends to mitigate any
negative effects.
(D) Any option that the Secretary recommends.
(E) Any proposed legislation that the Secretary considers
necessary to implement any recommended option.
SEC. 512. RESERVE GENERAL AND FLAG OFFICERS ON ACTIVE DUTY.
Section 526 of title 10, United States Code, is amended by
adding at the end the following new subsections:
``(d) Notice to Congress Upon Change in Grade for Certain
Positions.--(1) Not later than 60 days before an action
specified in paragraph (2) may become effective, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report
providing notice of the intended action and an analytically
based justification for the intended action.
``(2) Paragraph (1) applies in the case of the following
actions:
``(A) A change in the grade authorized as of July 1, 1994,
for a general officer position in the National Guard Bureau,
a general or flag officer position in the Office of a Chief
of a reserve component, or a general or flag officer position
in the headquarters of a reserve component command.
``(B) Assignment of a reserve component officer to a
general officer position in the the National Guard Bureau, to
a general or flag officer position in the Office of a Chief
of a reserve component, or a general or flag officer position
in the headquarters of a reserve component command in a grade
other the grade authorized for that position as of July 1,
1994.
``(C) Assignment of an officer other than a general or flag
officer as the military executive to the Reserve Forces
Policy Board.
``(e) Exclusion of Certain Officers.--The limitations of
this section do not apply to a reserve component general or
flag officer who is on active duty for training or who is on
active duty under a call or order specifying a period of less
than 180 days.''.
SEC. 513. REVIEW OF OPPORTUNITIES FOR ORDERING INDIVIDUAL
RESERVES TO ACTIVE DUTY WITH THEIR CONSENT.
(a) Review Required.--The Secretary of Defense shall--
(1) review the opportunities for individual members of the
reserve components of the Armed Forces to be ordered to
active duty, with the consent of the members concerned,
during peacetime in positions traditionally filled by active
duty personnel; and
(2) identify and remove any impediments, in regulations or
other administrative rules, to increasing those
opportunities.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on the results of the review. The
report shall contain--
(1) a plan for increasing the opportunities for individual
members of the reserve components of the Armed Forces to be
ordered to active duty, with the consent of the members
concerned, during peacetime in positions traditionally filled
by active duty personnel; and
(2) a draft of any additional legislation that the
Secretary considers necessary in order to increase those
opportunities.
SEC. 514. DEFINITION OF ACTIVE GUARD AND RESERVE DUTY.
Section 101(d) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (6) as paragraph (7); and
(2) by inserting after paragraph (5) the following new
paragraph (6):
``(6)(A) The term `active Guard and Reserve duty' means
active duty or full-time National Guard duty performed by a
member of a reserve component of the Army, Navy, Air Force,
or Marine Corps, or full-time National Guard duty performed
by a member of the National Guard, pursuant to an order to
active duty or full-time National Guard duty for a period of
180 consecutive days or more for the purpose of organizing,
administering, recruiting, instructing, or training the
reserve components.
``(B) Such term does not include the following:
``(i) Duty performed as a member of the Reserve Forces
Policy Board provided for under section 175 of this title.
``(ii) Duty performed as a property and fiscal officer
under section 708 of title 32.
``(iii) Duty performed for the purpose of interdiction and
counter-drug activities for which funds have been provided
under section 112 of title 32.
``(iv) Duty performed as a general or flag officer.
``(v) Service as a State director of the Selective Service
System under section 10(b)(2) of the Military Selective
Service Act (50 U.S.C. App. 460(b)(2)).''
SEC. 515. REPEAL OF OBSOLETE PROVISIONS PERTAINING TO
TRANSFER OF RETIRED REGULAR ENLISTED MEMBERS TO
RESERVE COMPONENTS.
(a) Army.--Section 3914 of title 10, United States Code, is
amended by striking out the second and third sentences.
(b) Air Force.--Section 8914 of such title is amended by
striking out the second and third sentences.
SEC. 516. SEMIANNUAL REPORT ON SEPARATIONS OF ACTIVE ARMY
OFFICERS.
Section 1111 of the Army National Guard Combat Readiness
Reform Act of 1992 (title XI of Public Law 102-484; 106 Stat.
2536) is amended by adding at the end the following new
subsection:
``(e) List of Certain Separated Officers.--On a semiannual
basis, the Secretary of the Army shall furnish to the Chief
of the National Guard Bureau a list containing the name, home
of record, and last-known mailing address of each officer of
the Army who during the previous six months was honorably
separated from active duty in the grade of major or below.''.
SEC. 517. EARLY RESERVE RETIREMENT ELIGIBILITY FOR DISABLED
MEMBERS OF SELECTED RESERVE.
Section 1331a(c) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(3) Notwithstanding the provisions of section 4415(2) of
the Defense Conversion Reinvestment, and Transition
Assistance Act of 1992 (division D of Public Law 102-484; 106
Stat. 2714), the Secretary concerned may, consistent with the
other provisions of this section, provide the notification
required by section 1331(d) of this title to a member who no
longer meets the qualifications for membership in the
Selected Reserve solely because the member is unfit because
of physical disability. Such notification may not be made if
the disability is the result of the member's intentional
misconduct, willful neglect, or willful failure to comply
with standards and qualifications for retention established
by the Secretary concerned or was incurred during a period of
unauthorized absence.''.
SEC. 518. ANNUAL PAYMENTS FOR MEMBERS RETIRED UNDER GUARD AND
RESERVE TRANSITION INITIATIVE.
(a) Annual Payment for One to Five Years.--Subsection (d)
of section 4416 of the
[[Page 1634]]
Defense Conversion, Reinvestment, and Transition Assistance
Act of 1992 (division D of Public Law 102-484; 10 U.S.C. 1162
note) is amended--
(1) by striking out ``for 5 years'' and inserting in lieu
thereof ``for a period of years prescribed by the Secretary
concerned'';
(2) by striking out ``the 5-year period'' and inserting in
lieu thereof ``that period''; and
(3) by adding at the end the following: ``A period
prescribed for purposes of this subsection may not be less
than one year nor more than five years.''.
(b) Computation of Annual Payment.--Subsection (e) of such
section is amended by adding at the end the following:
``(3) In the case of a member who will attain 60 years of
age during the 12-month period following the date on which an
annual payment is due, the payment shall be paid on a
prorated basis of one-twelfth of the annual payment for each
full month between the date on which the payment is due and
the date on which the member attains age 60.''.
(c) Effective Date.--The amendments made by this section
shall apply only to payments to a member of the Armed Forces
under subsection (b) of section 4416 of the Defense
Conversion, Reinvestment, and Transition Assistance Act of
1992 (division D of Public Law 102-484) that are granted by
the Secretary of Defense to that member after the date of the
enactment of this Act.
SEC. 519. EDUCATIONAL REQUIREMENTS FOR APPOINTMENT IN RESERVE
COMPONENTS IN GRADES ABOVE FIRST LIEUTENANT OR
LIEUTENANT (JUNIOR GRADE).
Section 596 of title 10, United States Code, is amended--
(1) in subsection (a), by striking out ``an accredited
educational institution'' and inserting in lieu thereof ``a
qualifying educational institution''; and
(2) by adding at the end the following new subsection:
``(c) Qualifying Educational Institutions.--(1) A
qualifying educational institution for purposes of this
section is an educational institution that is accredited or
that meets the requirements of paragraph (2).
``(2)(A) An unaccredited educational institution shall be
considered to be a qualifying educational institution for
purposes of the appointment or recognition of a person who is
a graduate of that institution if the Secretary concerned
determines that (as of the year of the graduation of that
person from that institution) at least three educational
institutions that are accredited and that maintain Reserve
Officers' Training Corps programs each generally grant
baccalaureate degree credit for completion of courses of the
unaccredited institution equivalent to the baccalaureate
degree credit granted by the unaccredited institution for the
completion of those courses.
``(B) In order to assist the Secretary concerned in making
determinations under subparagraph (A), any unaccredited
institution that seeks to be considered to be a qualifying
educational institution for purposes of this paragraph shall
submit to the Secretary of Defense each year such information
as the Secretary may require concerning the program of
instruction at that institution.
``(C) In the case of a person with a degree from an
unaccredited institution that is a qualifying educational
institution under this paragraph, the degree may not have
been awarded more than three years before the date on which
the person is to be appointed to, or recognized in, the grade
of captain or, in the case of the Naval Reserve, lieutenant,
in order for that person to be considered for purposes of
subsection (a) to have been awarded a baccalaureate degree by
a qualifying educational institution.''.
SEC. 520. LIMITED EXCEPTION FOR ALASKA SCOUT OFFICERS FROM
BACCALAUREATE DEGREE REQUIREMENT FOR
APPOINTMENT AS OFFICER IN NATIONAL GUARD ABOVE
FIRST LIEUTENANT.
(a) In General.--Subsection (b) of section 596 of title 10,
United States Code, is amended by adding at the end the
following new paragraph:
``(5) Recognition in the grade of captain or major in the
Alaska Army National Guard of a person who resides
permanently at a location in Alaska that is more than 50
miles from each of the cities of Anchorage, Fairbanks, and
Juneau, Alaska, by paved road and who is serving in a Scout
unit or a Scout supporting unit.''.
(b) Conforming Stylistic Amendments.--Such subsection is
further amended by striking out ``an individual'' in
paragraphs (2) and (3) and inserting in lieu thereof ``a
person''.
SEC. 521. SENSE OF CONGRESS CONCERNING THE TRAINING AND
MODERNIZATION OF THE RESERVE COMPONENTS.
(a) Findings.--Congress makes the following findings:
(1) The force structure specified in the report resulting
from the Bottom Up Review conducted by the Department of
Defense during 1993 assumes increased reliance on the reserve
components of the Armed Forces.
(2) The mobilization of the reserve components for the
Persian Gulf War was handicapped by shortfalls in training,
readiness, and equipment.
(3) The mobilization of the Army reserve components for the
Persian Gulf War was handicapped by lack of a standard
readiness evaluation system, which resulted in a lengthy
reevaluation of training and equipment readiness of Army
National Guard and Army Reserve units before they could be
deployed.
(4) Funding and scheduling constraints continue to limit
the opportunity for combat units of the Army National Guard
to carry out adequate maneuver training.
(5) Funding constraints continue to handicap the readiness
and modernization of the reserve components and their
interoperability with the active forces.
(b) Standard Evaluation System.--It is the sense of
Congress that the Secretary of Defense, with the advice and
assistance of the Chairman of the Joint Chiefs of Staff,
should establish--
(1) a standard readiness evaluation system that is uniform
for all forces within each military service; and
(2) a standard readiness rating system that is uniform for
the military departments.
(c) Military Department Budgets.--It is the sense of
Congress that the Secretary of Defense should assess the
budget submission of each military department each year to
determine (taking into consideration the advice of the
Chairman of the Joint Chiefs of Staff) the extent to which
National Guard and reserve units would, under that budget
submission, be trained and modernized to the standards needed
for them to carry out the full range of missions required of
them under current Department of Defense plans. Based upon
such assessment each year, the Secretary should adjust the
budget submissions of the military departments as necessary
in order to meet the priorities established by the Secretary
of Defense for the total force.
Subtitle C--Victims' Rights, Family Advocacy, and Nondiscrimination
Provisions
SEC. 531. PROHIBITION OF RETALIATORY ACTIONS AGAINST MEMBERS
OF THE ARMED FORCES MAKING ALLEGATIONS OF
SEXUAL HARASSMENT OR UNLAWFUL DISCRIMINATION.
(a) In General.--Subsection (b) of section 1034 of title
10, United States Code, is amended--
(1) by inserting ``(1)'' before ``No person may take'';
(2) by designating the second sentence as paragraph (2) and
in that sentence striking out ``the preceding sentence'' and
inserting in lieu thereof ``paragraph (1)''; and
(3) in the first sentence, by striking out ``or preparing''
and all that follows through ``may not be restricted.'' and
inserting in lieu thereof the following: ``or preparing--
``(A) a communication to a Member of Congress or an
Inspector General that (under subsection (a)) may not be
restricted; or
``(B) a communication that is described in subsection
(c)(2) and that is made (or prepared to be made) to--
``(i) a Member of Congress;
``(ii) an Inspector General (as defined in subsection (j));
``(iii) a member of a Department of Defense audit,
inspection, investigation, or law enforcement organization;
or
``(iv) any other person or organization (including any
person or organization in the chain of command) designated
pursuant to regulations or other established administrative
procedures for such communications.''.
(b) Inspector General Investigation of Allegations of
Prohibited Personnel Actions.--Subsection (c) of such section
is amended--
(1) by adding at the end of paragraph (1) the following new
sentence: ``If, in the case of an allegation submitted to the
Inspector General of the Department of Defense, the Inspector
General delegates the conduct of the investigation of the
allegation to the inspector general of one of the armed
forces, the Inspector General of the Department of Defense
shall ensure that the inspector general conducting the
investigation is outside the immediate chain of command of
both the member submitting the allegation and the individual
or individuals alleged to have taken the retaliatory
action.'';
(2) by striking out paragraph (2) and inserting in lieu
thereof the following:
``(2) A communication described in this paragraph is a
communication in which a member of the armed forces complains
of, or discloses information that the member reasonably
believes constitutes evidence of, any of the following:
``(A) A violation of law or regulation, including a law or
regulation prohibiting sexual harassment or unlawful
discrimination.
``(B) Mismanagement, a gross waste of funds, an abuse of
authority, or a substantial and specific danger to public
health or safety.''; and
(3) in the subsection heading, by striking out ``Certain
Allegations'' and inserting in lieu thereof ``Allegations of
Prohibited Personnel Actions''.
(c) Inspector General Investigation of Allegations of
Wrongdoing.--Such section is further amended--
(1) by redesignating subsections (d), (e), (f), (g), and
(h) as subsections (f), (g), (h), (i), and (j), respectively;
and
(2) by striking out paragraph (4) of subsection (c) and
inserting in lieu thereof the following:
``(d) Inspector General Investigation of Underlying
Allegations.--Upon receiving an allegation under subsection
(c), the Inspector General shall conduct a separate
investigation of the information that the member making the
allegation believes constitutes evidence of wrongdoing (as
described in subparagraph (A) or (B) of subsection (c)(2)) if
there previously has not been such an investigation or if the
Inspector General determines that the original investigation
was biased or otherwise inadequate.''.
(d) Reports on Investigations.--Such section is further
amended--
(1) by striking out ``(5) Not later than 30 days'' and
inserting in lieu thereof ``(e) Re-
[[Page 1635]]
ports on Investigations.--(1) Not later than 30 days'';
(2) in the paragraph redesignated by paragraph (1)--
(A) by striking out ``this subsection'' and inserting in
lieu thereof ``subsection (c) or (d)'';
(B) by striking out ``the member of the armed forces
concerned'' and inserting in lieu thereof ``the member of the
armed forces who made the allegation investigated''; and
(C) by striking out the second sentence;
(3) by inserting after the paragraph redesignated by
paragraph (1) the following new paragraph:
``(2) In the copy of the report submitted to the member,
the Inspector General shall ensure the maximum disclosure of
information possible, with the exception of information that
is not required to be disclosed under section 552 of title
5.'';
(4) by redesignating paragraphs (6) and (7) as paragraphs
(3) and (4), respectively; and
(5) in paragraph (3), as so redesignated, by striking out
``paragraph (5)'' and inserting in lieu thereof ``paragraph
(1)''.
(e) Definition.--Subsection (j) of such section, as
redesignated by subsection (c)(1), is amended by adding at
the end the following new paragraph:
``(3) The term `unlawful discrimination' means
discrimination on the basis of race, color, religion, sex, or
national origin.''.
(f) Cross Reference Amendments.--(1) Subsection (f) of such
section, as redesignated by subsection (c)(1), is amended by
striking out ``subsection (c)(5)'' in paragraphs (2)(A),
(3)(A)(i), and (3)(B) and inserting in lieu thereof
``subsection (e)(1)''.
(2) Subsection (g) of such section, as redesignated by
subsection (c)(1), is amended by striking out ``subsection
(d)'' and inserting in lieu thereof ``subsection (f)''
(g) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 1034. Protected communications; prohibition of
retaliatiory personnel actions''.
(2) The table of sections at the beginning of chapter 53 of
such title is amended to read as follows:
``1034. Protected communications; prohibition of retaliatiory personnel
actions.''.
(h) Deadline for Regulations.--The Secretary of Defense and
the Secretary of Transportation shall prescribe regulations
to implement the amendments made by this section not later
than 120 days after the date of the enactment of this Act.
(i) Content of Regulations.--In prescribing regulations
under section 1034 of title 10, United States Code, as
amended by this section, the Secretary of Defense and the
Secretary of Transportation shall provide for appropriate
procedural protections for the subject of any investigation
carried out under the provisions of that section, including a
process for appeal and review of investigative findings.
SEC. 532. DEPARTMENT OF DEFENSE POLICIES AND PROCEDURES ON
DISCRIMINATION AND SEXUAL HARASSMENT.
(a) Report of Task Force.--(1) The Department of Defense
Task Force on Discrimination and Sexual Harassment,
constituted by the Secretary of Defense on March 15, 1994,
shall transmit a report of its findings and recommendations
to the Secretary of Defense not later than October 1, 1994.
(2) The Secretary shall transmit to Congress the report of
the task force not later than October 10, 1994.
(b) Secretarial Review.--Not later than 45 days after
receiving the report under subsection (a), the Secretary
shall--
(1) review the recommendations for action contained in the
report;
(2) determine which recommendations the Secretary approves
for implementation and which recommendations the Secretary
disapproves; and
(3) submit to Congress a report that--
(A) identifies the approved recommendations and the
disapproved recommendations; and
(B) explains the reasons for each such approval and
disapproval.
(c) Comprehensive DOD Policy.--(1) Based on the approved
recommendations of the task force and such other factors as
the Secretary considers appropriate, the Secretary shall
develop a comprehensive Department of Defense policy for
processing complaints of sexual harassment and discrimination
involving members of the Armed Forces under the jurisdiction
of the Secretary.
(2) The Secretary shall issue policy guidance for the
implementation of the comprehensive policy and shall require
the Secretaries of the military departments to prescribe
regulations to implement that policy not later than March 1,
1995.
(3) The Secretary shall ensure that the policy is
implemented uniformly by the military departments insofar as
practicable.
(4) Not later than March 31, 1995, the Secretary of Defense
shall submit to Congress a proposal for any legislation
necessary to enhance the capability of the Department of
Defense to address the issues of unlawful discrimination and
sexual harassment.
(d) Military Department Policies.--(1) The Secretary of the
Navy and the Secretary of the Air Force shall review and
revise the regulations of the Department of the Navy and the
Department of the Air Force, respectively, relating to equal
opportunity policy and procedures in that Department for the
making of, and responding to, complaints of unlawful
discrimination and sexual harassment in order to ensure that
those regulations are substantially equivalent to the
regulations of the Department of the Army on such matters.
(2) In revising regulations pursuant to paragraph (1), the
Secretary of the Navy and the Secretary of the Air Force may
make such additions and modifications as the Secretary of
Defense determines appropriate to strengthen those
regulations beyond the substantial equivalent of the Army
regulations in accordance with--
(A) the approved recommendations of the Department of
Defense Task Force on Discrimination and Sexual Harassment;
and
(B) the experience of the Army, Navy, Air Force, and Marine
Corps regarding equal opportunity cases.
(3) The Secretary of the Army shall review the regulations
of the Department of the Army relating to equal opportunity
policy and complaint procedures and revise the regulations as
the Secretary of Defense considers appropriate to strengthen
the regulations in accordance with the recommendations and
experience described in subparagraphs (A) and (B) of
paragraph (2).
(e) Report of Advisory Board.--(1) The Secretary of Defense
shall direct the Advisory Board on the Investigative
Capability of the Department of Defense, established by the
Secretary of Defense in November 1993, to include in its
report to the Secretary (scheduled to be transmitted to the
Secretary during December 1994)--
(A) the recommendations of the Advisory Board as to whether
the current Department of Defense organizational structure is
adequate to oversee all investigative matters related to
unlawful discrimination, sexual harassment, and other
misconduct related to the gender of the victim; and
(B) recommendations as to whether additional data
collection and reporting procedures are needed to enhance the
ability of the Department of Defense to respond to unlawful
discrimination, sexual harassment, and other misconduct
related to the gender of the victim.
(2) The Secretary shall transmit to Congress the report of
the Advisory Board not later than 15 days after receiving the
report.
(f) Performance Evaluation Standards for Members of the
Armed Forces.--The Secretary of Defense shall ensure that
Department of Defense regulations governing consideration of
equal opportunity matters in evaluations of the performance
of members of the Armed Forces include provisions requiring
as a factor in such evaluations consideration of a member's
commitment to elimination of unlawful discrimination or of
sexual harassment in the Armed Forces.
SEC. 533. ANNUAL REPORT ON PERSONNEL READINESS FACTORS BY
RACE AND GENDER.
(a) Required Assessment.--The Secretary of Defense shall
submit to Congress an annual report on trends in recruiting,
retention, and personnel readiness.
(b) Data To Be Collected.--Each annual report under
subsection (a) shall include the following information with
respect to the preceding fiscal year for the active
components of each of the Armed Forces under the jurisdiction
of the Secretary (as well as such additional information as
the Secretary considers appropriate):
(1) The numbers of members of the Armed Forces temporarily
and permanently nondeployable and rates of temporary and
permanent nondeployability, displayed by cause of
nondeployability, rank, and gender.
(2) The numbers and rates of complaints and allegations
within the Armed Forces that involve gender and other
unlawful discrimination and sexual harassment, and the rates
of substantiation for those complaints and allegations.
(3) The numbers and rates of disciplinary proceedings,
displayed (A) by offense or infraction committed, (B) by
gender, rank, and race, and (C) by the categories specified
in paragraph (2).
(4) The retention rates, by gender, rank, and race, with an
analysis of factors influencing those rates.
(5) The propensity of persons to enlist, displayed by
gender and race, with an analysis of the factors influencing
those propensities.
(c) Submission to Congress.--The Secretary shall submit the
report under this section for any fiscal year as part of the
annual Department of Defense posture statement provided to
Congress in connection with the Department of Defense budget
request for that fiscal year.
(d) Initial Submission.--The first report under this
section shall be submitted in connection with the Department
of Defense budget request for fiscal year 1996 and shall
include data, to the degree such data already exists, for
fiscal years after fiscal year 1991.
SEC. 534. VICTIMS' ADVOCATES PROGRAMS IN DEPARTMENT OF
DEFENSE.
(a) Establishment.--(1) The Secretary of Defense, acting
through the Under Secretary of Defense for Personnel and
Readiness, shall revise policies and regulations of the
Department of Defense with respect to the programs of the
Department of Defense specified in paragraph (2) in order to
establish within each of the military departments a victims'
advocates program.
(2) Programs of referred to in paragraph (1) are the
following:
(A) Victim and witness assistance programs.
(B) Family advocacy programs.
(C) Equal opportunity programs.
(3) In the case of the Department of the Navy, separate
victims' advocates programs shall be established for the Navy
and the Marine Corps.
[[Page 1636]]
(b) Purpose.--A victims' advocates program established
pursuant to subsection (a) shall provide assistance described
in subsection (d) to members of the Armed Forces and their
dependents who are victims of any of the following:
(1) Crime.
(2) Intrafamilial sexual, physical, or emotional abuse.
(3) Discrimination or harassment based on race, gender,
ethnic background, national origin, or religion.
(c) Interdisciplinary Councils.--(1) The Secretary of
Defense shall establish a Department of Defense council to
coordinate and oversee the implementation of programs under
subsection (a). The membership of the council shall be
selected from members of the Armed Forces and officers and
employees of the Department of Defense having expertise or
experience in a variety of disciplines and professions in
order to ensure representation of the full range of services
and expertise that will be needed in implementing those
programs.
(2) The Secretary of each military department shall
establish similar interdisciplinary councils within that
military department as appropriate to ensure the fullest
coordination and effectiveness of the victims' advocates
program of that military department. To the extent
practicable, such a council shall be established at each
significant military installation.
(d) Assistance.--(1) Under a victims' advocates program
established under subsection (a), individuals working in the
program shall principally serve the interests of a victim by
initiating action to provide (A) information on available
benefits and services, (B) assistance in obtaining those
benefits and services, and (C) other appropriate assistance.
(2) Services under such a program in the case of an
individual who is a victim of family violence (including
intrafamilial sexual, physical, and emotional abuse) shall be
provided principally through the family advocacy programs of
the military departments.
(e) Staffing.--The Secretary of Defense shall provide for
the assignment of personnel (military or civilian) on a full-
time basis to victims' advocates programs established
pursuant to subsection (a). The Secretary shall ensure that
sufficient numbers of such full-time personnel are assigned
to those programs to enable those programs to be carried out
effectively.
(f) Implementation Deadline.--Subsection (a) shall be
carried out not later than six months after the date of the
enactment of this Act.
(g) Implementation Report.--Not later than 30 days after
the date on which Department of Defense policies and
regulations are revised pursuant to subsection (a), the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report
on the implementation (and plans for implementation) of this
section.
SEC. 535. TRANSITIONAL COMPENSATION AND OTHER BENEFITS FOR
DEPENDENTS OF MEMBERS SEPARATED FOR DEPENDENT
ABUSE.
(a) Earlier Commencement of Payments.--Subsection (e) of
section 1059 of title 10, United States Code, as redesignated
by section 1070(a)(5) of this Act, is amended to read as
follows:
``(e) Commencement and Duration of Payment.--(1) Payment of
transitional compensation under this section--
``(A) in the case of a member convicted by a court-martial
for a dependent-abuse offense, shall commence as of the date
of the approval of the court-martial sentence by the person
acting under section 860(c) of this title (article 60(c) of
the Uniform Code of Military Justice) if the sentence, as
approved, includes a dismissal, dishonorable discharge, bad
conduct discharge, or forfeiture of all pay and allowances;
and
``(B) in the case of a member being considered under
applicable regulations for administrative separation from
active duty in accordance with such regulations (if the basis
for the separation includes a dependent-abuse offense), shall
commence as of the date on which the separation action is
initiated by a commander of the member pursuant to such
regulations, as determined by the Secretary concerned.
``(2) Transitional compensation with respect to a member
shall be paid for a period of 36 months, except that, if as
of the date on which payment of transitional compensation
commences the unserved portion of the member's period of
obligated active duty service is less than 36 months, the
period for which transitional compensation is paid shall be
equal to the greater of--
``(A) the unserved portion of the member's period of
obligated active duty service; or
``(B) 12 months.
``(3)(A) If a member is sentenced by a court-martial to
receive punishment that includes a dismissal, dishonorable
discharge, bad conduct discharge, or forfeiture of all pay
and allowances as a result of a conviction by a court-martial
for a dependent-abuse offense and each such punishment
applicable to the member under the sentence is remitted, set
aside, or mitigated to a lesser punishment that does not
include any such punishment, any payment of transitional
compensation that has commenced under this section on the
basis of such sentence in that case shall cease.
``(B) If administrative separation of a member from active
duty is proposed on a basis that includes a dependent-abuse
offense and the proposed administrative separation is
disapproved by competent authority under applicable
regulations, payment of transitional compensation in such
case shall cease.
``(C) Cessation of payments under subparagraph (A) or (B)
shall be effective as of the first day of the first month
following the month in which the Secretary concerned notifies
the recipient of such transitional compensation in writing
that payment of the transitional compensation will cease. The
recipient may not be required to repay amounts of
transitional compensation received before that effective date
(except to the extent necessary to recoup any amount that was
erroneous when paid).''.
(b) Commissary and Exchange Benefits.--Such section is
further amended--
(1) by redesignating subsections (j) and (k) as subsections
(k) and (l), respectively; and
(2) by inserting after subsection (i) the following new
subsection (j):
``(j) Commissary and Exchange Benefits.--(1) A dependent or
former dependent entitled to payment of monthly transitional
compensation under this section shall, while receiving
payments in accordance with this section, be entitled to use
commissary and exchange stores to the same extent and in the
same manner as a dependent of a member of the armed forces on
active duty for a period of more than 30 days.
``(2) If a dependent or former dependent eligible or
entitled to use commissary and exchange stores under
paragraph (1) is eligible or entitled to use commissary and
exchange stores under another provision of law, the
eligibility or entitlement of that dependent or former
dependent to use commissary and exchange stores shall be
determined under such other provision of law rather than
under paragraph (1).''.
(c) Conforming Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 1059. Dependents of members separated for dependent
abuse: transitional compensation; commissary and exchange
benefits''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 53 of such title is
amended to read as follows:
``1059. Dependents of members separated for dependent abuse:
transitional compensation; commissary and exchange
benefits.''.
SEC. 536. STUDY OF SPOUSAL ABUSE INVOLVING ARMED FORCES
PERSONNEL.
(a) Findings.--Congress makes the following findings:
(1) The Department of Defense has sponsored several highly
successful programs designed to curtail spousal abuse.
(2) The readiness of the Armed Forces would be enhanced by
eliminating all forms of spousal abuse involving members of
the Armed Forces.
(3) Available data on the frequency and causes of spousal
abuse involving members of the Armed Forces is not
comprehensive for the Armed Forces.
(b) Study.--The Secretary of Defense shall conduct a study
on spousal abuse involving members of the Armed Forces.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report on the results of the study. The report shall
contain the following:
(1) The frequency of spousal abuse involving members of the
Armed Forces.
(2) A discussion of the possible causes of such spousal
abuse.
(3) A discussion of the procedures followed in responding
to incidents of such spousal abuse.
(4) An analysis of the effectiveness of those procedures.
(5) A review of the existing programs for curtailing such
spousal abuse.
(6) A strategy for the entire Armed Forces for curtailing
spousal abuse involving members of the Armed Forces.
Subtitle D--Matters Relating to the Coast Guard
SEC. 541. EXTENSION OF WARRANT OFFICER MANAGEMENT ACT
PROVISIONS TO COAST GUARD.
(a) Establishment of Permanent Grade of Chief Warrant
Officer, W-5.--(1) The grade of chief warrant officer, W-5,
is hereby established in the Coast Guard.
(2) Section 571(a) of title 10, United States Code, is
amended by striking out ``Army, Navy, Air Force, and Marine
Corps'' and inserting in lieu thereof ``armed forces''.
(b) Extension of Warrant Officer Management Act Provisions
to Coast Guard Warrant Officers.--Chapter 33A of title 10,
United States Code, is amended as follows:
(1) Section 573(a) is amended--
(A) by striking out ``Secretary of a military department''
in paragraph (1) and inserting in lieu thereof ``Secretary
concerned''; and
(B) by striking out ``of the military department'' in
paragraph (2).
(2) Section 574 is amended by striking out ``Secretary of
each military department'' in subsections (a) and (b) and
inserting in lieu thereof ``Secretary concerned''.
(3) Section 575(b)(2) is amended by inserting ``and the
Secretary of Transportation, when the Coast Guard is not
operating as a service in the Navy,'' after ``Secretary of
Defense''.
(4) Section 576 is amended--
(A) in subsection (a), by striking out ``of the military
department'' in the matter preceding paragraph (1);
(B) in subsection (e), by striking out ``of the military
department''; and
(C) in subsection (f)(2), by striking out ``of the military
department''.
[[Page 1637]]
(5) Section 580 is amended--
(A) in subsection (a)(4)(B), by inserting ``, or severance
pay computed under section 286a of title 14, as
appropriate,'' after ``section 1174 of this title''; and
(B) in subsection (e)(6), by inserting ``and the Secretary
of Transportation, when the Coast Guard is not operating as a
service in the Navy,'' after ``Secretary of Defense''.
(6) Section 581(a) is amended by striking out ``in the
Army, Navy, Air Force, or Marine Corps''.
(c) Transition for Certain Regular Warrant Officers Serving
in a Higher Temporary Grade Below Chief Warrant Officer, W-
5.--(1) A regular warrant officer of the Coast Guard who on
the effective date of this section is on active duty and--
(A) is serving in a temporary grade below chief warrant
officer, W-5, that is higher than that warrant officer's
permanent grade;
(B) is on a list of officers recommended for promotion to a
temporary grade below chief warrant officer W-5; or
(C) is on a list of officers recommended for promotion to a
permanent grade higher than the grade in which that warrant
officer is serving;
shall be considered to have been recommended by a board
convened under section 573 of title 10, United States Code,
as amended by this subsection (b), for promotion to the
permanent grade equivalent to the grade in which that warrant
officer is serving or for which that warrant officer has been
recommended for promotion, as the case may be.
(2) An officer referred to in subparagraph (A) of paragraph
(1) who is not promoted to the grade to which that warrant
officer is considered under such subsection to have been
recommended for promotion because that officer's name is
removed from a list of officers who are considered under such
paragraph to have been recommended for promotion shall be
considered by a board convened under section 573 of title 10,
United States Code, as amended by subsection (b), for
promotion to the permanent grade equivalent to the temporary
grade in which that warrant officer was serving on the
effective date of this section as if that warrant officer
were serving in the permanent grade.
(3) The date of rank of an officer referred to in paragraph
(1)(A) who is promoted to the grade in which that warrant
officer is serving on the effective date of this section is
the date of that officer's temporary appointment in that
grade.
(d) Transition for Certain Reserve Warrant Officers Serving
in a Higher Temporary Grade Below Chief Warrant Officer, W-
5.--(1)(A) Except as provided in paragraph (2), a reserve
warrant officer of the Coast Guard who on the effective date
of this section is subject to placement on the warrant
officer active-duty list and who--
(i) is serving in a temporary grade below chief warrant
officer, W-5, that is higher than that warrant officer's
permanent grade; or
(ii) is on a list of warrant officers recommended for
promotion to a temporary grade below chief warrant officer,
W-5, that is the same as or higher than that warrant
officer's permanent grade;
shall be considered to have been recommended by a board
convened under section 598 of title 10, United States Code,
for promotion to the permanent grade equivalent to the grade
in which the warrant officer is serving or for which that
warrant officer has been recommended for promotion, as the
case may be.
(B) The date of rank of a warrant officer referred to in
subparagraph (A)(i) who is promoted to the grade in which
that warrant officer is considered under such subparagraph to
have been recommended for promotion is the date of the
temporary appointment of that warrant officer in that grade.
(2) A reserve warrant officer of the Coast Guard who on the
effective date of this section--
(A) is subject to placement on the warrant officer active-
duty list;
(B) is serving on active duty in a temporary grade; and
(C) holds a permanent grade higher than the temporary grade
in which that warrant officer is serving;
shall while continuing on active duty retain such temporary
grade and shall be considered for promotion to a grade equal
to or lower than the permanent grade as if such temporary
grade is a permanent grade. If such warrant officer is
recommended for promotion, the appointment of that warrant
officer to such grade shall be a temporary appointment.
(e) Rank of Coast Guard Warrant Officers.--(1) Subchapter A
of chapter 11 of title 14, United States Code, is amended by
adding at the end the following new section:
``Sec. 215. Rank of warrant officers
``(a) Among warrant officer grades, warrant officers of a
higher numerical designation are senior to warrant officer
grades of a lower numerical designation.
``(b) Warrant officers shall take precedence in the grade
to which appointed in accordance with the dates of their
commissions as commissioned officers in the Coast Guard in
such grade. Precedence among warrant officers of the same
grade who have the same date of commission shall be
determined by regulations prescribed by the Secretary.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
214 the following new item:
``215. Rank of warrant officers.''.
(f) Technical and Conforming Amendments.--(1) Section
1125(a) of the National Defense Authorization Act for Fiscal
Years 1992 and 1993 (10 U.S.C. 555 note) is repealed.
(2) Section 286a(a) of title 14, United States Code, is
amended by striking out ``section 564(a)(3) of title 10 (as
in effect on the day before the effective date of the Warrant
Officer Management Act)'' and inserting in lieu thereof
``section 580(a)(4)(A) of title 10''.
(3) Section 334(b) of such title is amended by striking out
``section 564 of title 10 (as in effect on the day before the
effective date of the Warrant Officer Management Act) or''
and inserting in lieu thereof ``section 580,''.
(4) Section 41 of such title is amended by striking out
``chief warrant officers, W-4; chief warrant officers, W-3;
chief warrant officers, W-2; cadets; warrant officers, W-1;''
and inserting in lieu thereof ``chief warrant officers;
cadets; warrant officers;''.
(5)(A) Sections 212 and 213 of such title are repealed.
(B) The table of sections at the beginning of chapter 11 of
such title is amended by striking out the items relating to
section 212 and 213.
(6) Section 214 of such title is amended by striking out
subsections (b) and (c).
(7) Section 583 of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(4) The active-duty list referred to in section 573(b) of
this title includes the active-duty promotion list
established by section 41a of title 14.''.
(g) Temporary Authority for Involuntary Separation of
Certain Warrant Officers.--Section 580a of title 10, United
States Code, is amended by adding at the end the following
new subsection:
``(e) This section applies to the Secretary of
Transportation in the same manner and to the same extent as
it applies to the Secretary of Defense. The Commandant of the
Coast Guard shall take the action set forth in subsection (b)
with respect to regular warrant officers of the Coast
Guard.''.
(h) Effective Date.--This section and the amendments made
by this section shall take effect on the first day of the
fourth month beginning after the date of the enactment of
this Act.
SEC. 542. COAST GUARD FORCE REDUCTION TRANSITION BENEFITS.
(a) Involuntary Separation Benefits and Services.--Chapter
58 of title 10, United States Code, is amended as follows:
(1) Section 1141 is amended in the matter preceding
paragraph (1)--
(A) by striking out ``Army, Navy, Air Force, or Marine
Corps'' and inserting in lieu thereof ``armed forces''; and
(B) by striking out ``or on or after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 1994'' and inserting in lieu thereof ``or after
November 29, 1993, or, with respect to a member of the Coast
Guard, if the member was on active duty in the Coast Guard
after September 30, 1994,''.
(2) Section 1143 is amended--
(A) in the heading, by striking out ``: Department of
Defense'';
(B) in subsection (a), by inserting ``and the Secretary of
Transportation with respect to the Coast Guard'' after
``Secretary of Defense'' and by striking out ``under the
jurisdiction of the Secretary'';
(C) in subsection (b), by adding at the end the following
new sentence: ``The Secretary of Transportation shall
establish permanent employment assistance centers at
appropriate Coast Guard installations.'';
(D) in subsection (c), by inserting ``and the Secretary of
Transportation'' after ``Secretary of Defense''; and
(E) in subsection (d), by adding at the end the following
new sentence: ``The Secretary of Transportation shall provide
the same preference in hiring to involuntarily separated
members of the Coast Guard, and the dependents of such
members, in Coast Guard nonappropriated fund
instrumentalities.''.
(3) Section 1143a is amended--
(A) in the heading by striking out ``: Department of
Defense''; and
(B) by adding at the end the following new subsection:
``(h) Coast Guard.--This section shall apply to the Coast
Guard in the same manner and to the same extent as it applies
to the Department of Defense. The Secretary of Transportation
shall implement the requirements of this section for the
Coast Guard.''.
(4) Section 1145 is amended by adding at the end the
following new subsection:
``(e) Coast Guard.--The provisions of this section shall
apply to members of the Coast Guard (and their dependents)
involuntarily separated from active duty during the five-year
period beginning on October 1, 1994. The Secretary of
Transportation shall implement this section for the Coast
Guard.''.
(5) Section 1146 is amended by adding at the end the
following new sentence: ``The Secretary of Transportation
shall implement this provision for Coast Guard members
involuntarily separated during the five-year period beginning
October 1, 1994.''.
(6) Section 1147(a) is amended--
(A) by inserting ``(1)'' before ``The Secretary of a
military department''; and
(B) by adding at the end the following new paragraph:
``(2) The Secretary of Transportation may prescribe
regulations to permit members of the Coast Guard who are
involuntarily separated during the five-year period beginning
October 1, 1994, to continue for not more than 180 days after
the date of such separa-
[[Page 1638]]
tion to reside (along with others of the member's household)
in military family housing provided or leased by the Coast
Guard to the individual as a member of the armed forces.''.
(7) Section 1148 is amended by inserting ``and the
Secretary of Transportation'' after ``Secretary of Defense''.
(8) Section 1149 is amended--
(A) by inserting ``or the Secretary of Transportation with
respect to the Coast Guard'' after ``Secretary of Defense'';
and
(B) by striking out ``of the military department''.
(9) Section 1150 is amended by adding at the end the
following new subsection:
``(c) Coast Guard.--This section shall apply to the Coast
Guard in the same manner and to the same extent as it applies
to the Department of Defense. The Secretary of Transportation
shall prescribe regulations to implement this section for the
Coast Guard.''.
(10) The table of sections at the beginning of the chapter
is amended by striking out ``: Department of Defense'' in the
items relating to section 1143 and 1143a.
(b) Special Separation Benefit.--Section 1174a of title 10,
United States Code, is amended--
(1) in subsection (a), by striking out ``of each military
department'' and inserting in lieu thereof ``concerned'';
(2) in subsection (d), by striking out ``of a military
department'' and inserting in lieu thereof ``concerned'';
(3) in subsection (e)(3), by striking out ``of the military
department''; and
(4) in subsection (h), by striking out ``of a military
department'' and inserting in lieu thereof ``concerned''.
(c) Voluntary Separation Incentive.--Section 1175 of title
10, United States Code, is amended--
(1) in subsections (a) and (b), by inserting ``and the
Secretary of Transportation'' after ``Secretary of Defense'';
(2) in subsection (c), by striking out ``of the military
department'';
(3) in subsection (g), by inserting ``and the Department of
Transportation for the Coast Guard'' before the period at the
end;
(4) in subsection (h)(3)--
(A) by inserting ``by the Secretary of Defense'' after
``incentive payments made'' in the first sentence; and
(B) by inserting ``to the Secretary'' after ``shall be
available'' in the second sentence; and
(5) in subsection (i), by inserting ``and the Secretary of
Transportation'' after ``Secretary of Defense''.
(d) Temporary Early Retirement Authority.--Section 4403 of
the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 106 Stat. 2702; 10 U.S.C. 1293 note)
shall apply to the Coast Guard in the same manner and to the
same extent as that provision applies to the Department of
Defense. The Secretary of Transportation shall implement the
provisions of that section with respect to the Coast Guard
and apply the applicable provisions of title 14, United
States Code, relating to retirement of Coast Guard personnel.
(e) Effective Date.--This section and the amendments made
by this section shall apply only to members of the Coast
Guard who are separated after September 30, 1994.
SEC. 543. EXPANSION OF PERSONNEL ADJUSTMENT, EDUCATION, AND
TRAINING PROGRAMS TO INCLUDE COAST GUARD.
(a) Preseparation Counseling.--As soon as possible after
the date of the enactment of this Act, the Secretary of
Transportation shall implement the requirements of section
1142 of title 10, United States Code, for the Coast Guard.
(b) Employment Assistance, Job Training Assistance, and
Other Transitional Assistance.--Section 1144 of title 10,
United States Code, is amended--
(1) in subsection (a)(1)--
(A) by inserting ``, the Secretary of Transportation,''
after ``Secretary of Defense''; and
(B) by striking out ``of a military department'' and
inserting in lieu thereof ``concerned'';
(2) in subsection (a)(2), by inserting ``, the Secretary of
Transportation,'' after ``Secretary of Defense'';
(3) in subsection (b)(4), by striking out ``Department of
Defense is'' and inserting in lieu thereof ``Department of
Defense and the Department of Transportation are'';
(4) in subsection (c), by inserting ``and the Secretary of
Transportation'' after ``Secretary of Defense''; and
(5) in subsection (d)(2), by inserting ``and the Department
of Transportation'' after ``Department of Defense''.
(c) Teacher and Teacher's Aide Placement Program.--Section
1151 of such title (as amended by section 1131) is further
amended--
(1) in subsection (a), by inserting ``, and the Secretary
of Transportation with respect to the Coast Guard,'' after
``Secretary of Defense'';
(2) in subsection (b), by inserting ``and the Secretary of
Transportation'' after ``Secretary of Defense'' in the matter
preceding the paragraphs;
(3) in subsection (c)(1)--
(A) by striking out ``by the Secretary of Defense'' in the
matter preceding the subparagraphs; and
(B) in subparagraph (C), by inserting ``of Defense, or the
Secretary of Transportation with respect to the Coast
Guard,'' after ``Secretary'';
(4) in subsection (d), by inserting ``and the Secretary of
Transportation'' after ``Secretary of Defense'';
(5) in subsection (e)(1)--
(A) by inserting ``, and the Secretary of Transportation
with respect to the Coast Guard,'' after ``Secretary of
Defense'' in the first sentence; and
(B) by striking out ``Secretary may'' in the second
sentence and inserting in lieu thereof ``Secretaries may'';
(6) in subsection (e)(2), by striking out ``Secretary'' the
first two places it appears and inserting in lieu thereof
``Secretaries'';
(7) in subsection (e)(3)--
(A) by inserting ``of Defense, and the Secretary of
Transportation with respect to the Coast Guard,'' after ``The
Secretary''; and
(B) by inserting ``concerned'' after ``unless the
Secretary'';
(8) in subsection (e)(4), by striking out ``Secretary''
both places it appears and inserting in lieu thereof
``Secretaries'';
(9) in subsection (f)--
(A) by inserting ``, or the Secretary of Transportation
with respect to the Coast Guard,'' after ``Secretary of
Defense'' in the matter preceding the paragraphs; and
(B) in paragraph (1), by inserting ``concerned'' after
``the Secretary'';
(10) in subsection (g)(1), by inserting ``, and the
Secretary of Transportation with respect to the Coast
Guard,'' after ``Secretary of Defense'' in the matter
preceding the subparagraphs;
(11) in subsection (h)--
(A) in paragraph (1), by inserting ``and the Secretary of
Transportation'' after ``Secretary of Defense''; and
(B) by inserting ``concerned'' after ``Secretary'' each
place it appears in paragraphs (2) through (6);
(12) in subsection (h)(7)--
(A) in subparagraph (A)--
(i) by inserting ``of Defense, and the Secretary of
Transportation with respect to the Coast Guard,'' after ``the
Secretary'' in the first sentence; and
(ii) by inserting ``concerned'' after ``The Secretary'' in
the second sentence; and
(B) in subparagraph (C), by inserting ``concerned'' after
``The Secretary'';
(13) in subsection (i)--
(A) in paragraph (1), by inserting ``, or the Secretary of
Transportation with respect to the Coast Guard,'' after
``Secretary of Defense''; and
(B) in paragraph (2), by inserting ``concerned'' after
``Secretary'' both places it appears; and
(14) in subsection (j)--
(A) in paragraph (1)(F), by inserting ``, or the Secretary
of Transportation with respect to the Coast Guard'' after
``Secretary of Defense''; and
(B) in paragraph (2), by inserting ``concerned'' after
``Secretary'' both places it appears.
(d) Law Enforcement Officer Placement Program.--Section
1152 of such title, as amended by section 1132, is further
amended in subsections (a) and (d) by inserting ``, and the
Secretary of Transportation with respect to the Coast
Guard,'' after ``Secretary of Defense''.
(e) Health Care Provider Placement Program.--Section 1153
of such title is amended--
(1) in subsection (a), by inserting ``, and the Secretary
of Transportation with respect to the Coast Guard,'' after
``Secretary of Defense'';
(2) in subsection (b)(1)--
(A) by striking out ``by the Secretary of Defense'' in the
matter preceding the subparagraphs; and
(B) in subparagraph (C), by inserting ``concerned'' after
``Secretary'' both places it appears;
(3) in subsection (c)(1)--
(A) by inserting ``, and the Secretary of Transportation
with respect to the Coast Guard,'' after ``Secretary of
Defense'';
(B) by inserting ``concerned'' after ``to the Secretary'';
and
(C) by striking out ``Secretary may'' and inserting in lieu
thereof ``Secretaries may'';
(4) in subsection (c)(2)--
(A) by inserting ``of Defense, and the Secretary of
Transportation with respect to the Coast Guard,'' after ``The
Secretary''; and
(B) by inserting ``concerned'' after ``unless the
Secretary'';
(5) in subsection (c)(3), by striking out ``Secretary''
both places it appears and inserting in lieu thereof
``Secretaries'';
(6) in subsection (d)--
(A) in paragraph (1) by inserting ``and the Secretary of
Transportation'' after ``Secretary of Defense''; and
(B) by inserting ``concerned'' after ``Secretary'' each
place it appears in paragraphs (2) through (5); and
(7) in subsection (e)--
(A) in paragraph (1), by inserting ``, and the Secretary of
Transportation with respect to the Coast Guard,'' after ``the
Secretary of Defense''; and
(B) in paragraph (2), by inserting ``concerned'' after
``The Secretary''.
(f) Upward Bound.--Section 4466 of the Defense Conversion,
Reinvestment, and Transition Assistance Act of 1992 (division
D of Public Law 102-484; 10 U.S.C. 1143 note) is amended by
adding at the end the following new subsection:
``(h) Application to Coast Guard.--The Secretary of
Transportation may implement the provisions of this section
for the Coast Guard in the same manner and to the same extent
as such section applies to the Department of Defense.''.
[[Page 1639]]
(g) Service Members Occupational Conversion and Training.--
(1) Section 4483(1) of the Service Members Occupational
Conversion and Training Act of 1992 (subtitle G of title XLIV
of Public Law 102-484; 10 U.S.C. 1143 note) is amended by
inserting before the period the following: ``with respect to
the Department of Defense and the Secretary of Transportation
with respect to the Coast Guard''.
(2) As soon as possible after the date of the enactment of
this Act, the Secretary of Transportation shall implement the
requirements of the Service Members Occupational Conversion
and Training Act of 1992 (subtitle G of title XLIV of Public
Law 102-484; 10 U.S.C. 1143 note) for the Coast Guard.
(h) Limitations on Funding.--Funds appropriated or
otherwise made available to the Department of Defense, the
Department of Education, the Department of Labor, or the
Department of Veterans Affairs may not be used to carry out
subsection (a) or the amendments made by this section.
Subtitle E--Other Matters
SEC. 551. REPEAL OF REQUIRED REDUCTION IN RECRUITING
PERSONNEL.
Section 431 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2400) is
repealed.
SEC. 552. AUTHORIZED ACTIVE DUTY STRENGTHS FOR ARMY ENLISTED
MEMBERS IN PAY GRADE E-8.
(a) In General.--Section 517(a) of title 10, United States
Code, is amended by inserting ``(or, in the case of the Army,
2.5 percent)'' after ``may not be more than 2 percent''.
(b) Special Rule for 1995.--The percentage applicable to
enlisted members of the Army in pay grade E-8 under section
517(a) of title 10, United States Code, during 1995 shall be
2.3 percent (rather than the percentage provided by the
amendment made by subsection (a)).
(c) Inapplicability for 1994.--The amendment made by
subsection (a) shall not apply with respect to the number of
enlisted members of the Army on active duty in pay grade E-8
during 1994.
SEC. 553. PROHIBITION ON IMPOSITION OF ADDITIONAL CHARGES OR
FEES FOR ATTENDANCE AT CERTAIN ACADEMIES.
(a) Prohibition.--Except as provided in subsection (b), no
charge or fee for tuition, room, or board for attendance at
an academy named in subsection (c) may be imposed unless the
charge or fee is specifically authorized by a law enacted
after the date of the enactment of this Act.
(b) Exception.--The prohibition specified in subsection (a)
shall not apply with respect to any item or service provided
to cadets or midshipmen at an academy named in subsection (c)
for which a charge or fee is imposed as of the date of the
enactment of this Act. The Secretary of Defense or the
Secretary of Transportation, as the case shall be, shall
notify Congress of any change made by an academy in the
amount of a charge or fee authorized under this subsection.
(c) Covered Academies.--This section applies to the
following:
(1) The United States Military Academy.
(2) The United States Naval Academy.
(3) The United States Air Force Academy.
(4) The United States Coast Guard Academy.
(5) The United States Merchant Marine Academy.
SEC. 554. BIENNIAL SURVEY ON THE STATE OF RACE AND ETHNIC
ISSUES IN THE MILITARY.
(a) In General.--(1) Part I of subtitle A of title 10,
United States Code, is amended by adding at the end the
following new chapter:
``CHAPTER 22--MISCELLANEOUS STUDIES AND REPORTS
``Sec.
``451. Racial and ethnic issues; biennial survey; biennial report.
``Sec. 451. Racial and ethnic issues; biennial survey;
biennial report
``(a) Biennial Survey.--The Secretary of Defense shall
carry out a biennial survey to measure the state of racial
and ethnic issues and discrimination among members of the
armed forces serving on active duty. The survey shall solicit
information on the race relations climate in the armed
forces, including--
``(1) indicators of positive and negative trends of
relations between all racial and ethnic groups;
``(2) the effectiveness of Department of Defense policies
designed to improve race and ethnic relations; and
``(3) the effectiveness of current processes for complaints
on and investigations into racial and ethnic discrimination.
``(b) Implementing Entity.--The Secretary shall carry out
each biennial survey through the entity in the Department of
Defense known as the Armed Forces Survey on Race/Ethnic
Issues.
``(c) Reports to Congress.--Upon completion of each
biennial survey under subsection (a), the Secretary shall
submit to Congress a report containing the results of the
survey.''.
(2) The tables of chapters at the beginning of subtitle A
of such title and the beginning of part I of such subtitle
are amended by inserting after the item relating to chapter
21 the following new item:
``22. Miscellaneous Studies and Reports......................451''.....
(b) First Report.--The Secretary of Defense shall submit
the first report under section 451(c) of title 10, United
States Code, as added by subsection (a), not later than May
1, 1995.
SEC. 555. REVIEW OF CERTAIN DISCHARGES FROM THE UNITED STATES
MILITARY ACADEMY DURING THE POST-CIVIL WAR
PERIOD.
(a) Review Required.--The Secretary of the Army shall carry
out a thorough review, to be completed not later than 180
days after the date of the enactment of this Act, of--
(1) the discharge from the Corps of Cadets of the United
States Military Academy in 1874 of James Webster Smith of
South Carolina; and
(2) the discharge from the Corps of Cadets of the United
States Military Academy in 1880 of Johnson Chesnut Whittaker
of South Carolina.
(b) Purposes of Review.--The purpose of each review shall
be to determine the validity of the original proceedings
leading to such discharge and the extent, if any, to which
racial prejudice or other improper factors now known may have
tainted those proceedings. In conducting each review, the
Secretary shall use as broad a range of historical documents
as possible, including non-military sources.
(c) Correction of Records.--If the Secretary determines
that the discharge of James Webster Smith or Johnson Chesnut
Whittaker was in error or an injustice, the Secretary shall
correct that person's military records (including the records
of proceedings in that person's discharge case).
(d) Posthumous Commission.--Upon recommendation of the
Secretary in the case of either person named in subsection
(a), the President may issue in the name of that person a
posthumous commission as an officer in the Regular Army in
the grade of second lieutenant. Section 1523 of title 10,
United States Code, shall apply with respect to a commission
so issued.
SEC. 556. ADMINISTRATION OF ATHLETICS PROGRAMS AT THE SERVICE
ACADEMIES.
(a) United States Military Academy.--(1) Chapter 403 of
title 10, United States Code, is amended by adding at the end
the following new section:
``Sec. 4357. Athletics program: athletic director;
nonappropriated fund account
``(a) The position of athletic director of the Academy
shall be a position in the civil service (as defined in
section 2101(1) of title 5). However, a member of the armed
forces may fill that position as an active duty assignment.
``(b) Under regulations prescribed by the Secretary of the
Army, the Superintendent of the Academy shall administer a
nonappropriated fund account for the athletics program of the
Academy. The Superintendent shall credit to that account all
revenue received from the conduct of the athletics program of
the Academy and all contributions received for that
program.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``4357. Athletics program: athletic director; nonappropriated fund
account.''.
(b) United States Naval Academy.--(1) Chapter 603 of such
title is amended by adding at the end the following new
section:
``Sec. 6975. Athletics program: athletic director;
nonappropriated fund account
``(a) The position of athletic director of the Naval
Academy shall be a position in the civil service (as defined
in section 2101(1) of title 5). However, a member of the
armed forces may fill that position as an active duty
assignment.
``(b) Under regulations prescribed by the Secretary of the
Navy, the Superintendent of the Naval Academy shall
administer a nonappropriated fund account for the athletics
program of the Naval Academy. The Superintendent shall credit
to that account all revenue received from the conduct of the
athletics program of the Naval Academy and all contributions
received for that program.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``6975. Athletics program: athletic director; nonappropriated fund
account.''.
(3) The account referred to in subsection (b) of section
6975 of title 10, United States Code, as added by paragraph
(1), shall be established not later than the effective date
set forth in subsection (e).
(c) United States Air Force Academy.--(1) Chapter 903 of
such title is amended by adding at the end the following new
section:
``Sec. 9356. Athletics program: athletic director;
nonappropriated fund account
``(a) The position of athletic director of the Academy
shall be a position in the civil service (as defined in
section 2101(1) of title 5). However, a member of the armed
forces may fill that position as an active duty assignment.
``(b) Under regulations prescribed by the Secretary of the
Air Force, the Superintendent of the Academy shall administer
a nonappropriated fund account for the athletics program of
the Academy. The Superintendent shall credit to that account
all revenue received from the conduct of the athletics
program of the Academy and all contributions received for
that program.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``9356. Athletics program: athletic director; nonappropriated fund
account.''.
[[Page 1640]]
(d) Navy Implementation Study.--Not later than March 15,
1995, the Secretary of the Navy shall submit to Congress a
report on the costs to the Department of the Navy of
implementation of section 6975 of title 10, United States
Code, as added by subsection (b). The report shall include a
time line and description of the actions the Secretary plans
to take to implement the requirements of that section.
(e) Effective Date.--Section 6975 of title 10, United
States Code, as added by subsection (b), shall take on
January 1, 1996.
SEC. 557. REIMBURSEMENT FOR CERTAIN LOSSES OF HOUSEHOLD
EFFECTS CAUSED BY HOSTILE ACTION.
(a) Authority To Reimburse.--Chapter 163 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2738. Property loss: reimbursement of members for
certain losses of household effects caused by hostile
action
``(a) Authority To Reimburse.--The Secretary concerned may
reimburse a member of the armed forces in an amount not more
than $100,000 for a loss described in subsection (b).
``(b) Covered Losses.--This section applies with respect to
a loss of household effects sustained during a move made
incident to a change of permanent station when, as determined
by the Secretary, the loss was caused by a hostile action
incident to war or a warlike action by a military force.
``(c) Limitation.--The Secretary may provide reimbursement
under this section for a loss described in subsection (b)
only to the extent that the loss is not reimbursed under
insurance or under the authority of another provision of law.
``(d) Applicability of Other Authorities and
Requirements.--Subsections (b), (d), (e), (f), and (g) of
section 2733 of this title shall apply to a request for a
reimbursement under this section as if the request were a
claim against the United States.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following:
``2738. Property loss: reimbursement of members for certain losses of
household effects caused by hostile action.''.
(c) Effective Date.--(1) Section 2738 of title 10, United
States Code, as added by subsection (a), applies with respect
to losses incurred after June 30, 1990.
(2) In the case of a loss incurred after June 30, 1990, and
before the date of the enactment of this Act, a request for
reimbursement shall be filed with the Secretary of the
military department concerned not later than two years after
such date of enactment.
SEC. 558. MILITARY RECRUITING ON CAMPUS.
(a) Denial of funds.--(1) No funds available to the
Department of Defense may be provided by grant or contract to
any institution of higher education that has a policy of
denying, or which effectively prevents, the Secretary of
Defense from obtaining for military recruiting purposes--
(A) entry to campuses or access to students on campuses; or
(B) access to directory information pertaining to students.
(2) Students referred to in paragraph (1) are individuals
who are 17 years of age or older.
(b) Procedures for Determination.--The Secretary of
Defense, in consultation with the Secretary of Education,
shall prescribe regulations that contain procedures for
determining if and when an educational institution has denied
or prevented access to students or information described in
subsection (a).
(c) Definition.--For purposes of this section, the term
``directory information'' means, with respect to a student,
the student's name, address, telephone listing, date and
place of birth, level of education, degrees received, and the
most recent previous educational institution enrolled in by
the student.
SEC. 559. AUTHORIZATION FOR INSTRUCTION OF CIVILIAN STUDENTS
AT FOREIGN LANGUAGE CENTER OF THE DEFENSE
LANGUAGE INSTITUTE.
(a) Admission of Civilians as Students.--(1) The Secretary
of the Army may enter into an agreement with an accredited
institution of higher education (or a consortium of such
institutions) under which students enrolled at an institution
of higher education that is a party to the agreement may
receive instruction at the Foreign Language Center of the
Defense Language Institute on a cost-reimbursable, space-
available basis.
(2) The Secretary may also permit other persons who would
benefit from the instruction provided at the Center, as
determined by the Secretary, to receive instruction at the
Center on a cost-reimbursable, space-available basis.
(b) Selection and Attendance.--(1) The Secretary shall
select the persons who will be permitted to receive
instruction at the Center pursuant to subsection (a). In the
case of agreements under subsection (a)(1), the Secretary
shall consult with the other parties to the agreements to
establish qualifications and methods of selection for persons
to receive instruction at the Center.
(2) Except as the Secretary determines necessary, a person
who receives instruction at the Center pursuant to subsection
(a) shall be subject to the same regulations governing
attendance, discipline, discharge, and dismissal as apply to
other persons attending the Center.
(c) Retention of Funds.--Amounts collected under subsection
(a) to reimburse the Center for the costs of providing
instruction to students under subsection (a) shall be
credited to funds available for compensation of instructors
at the Center and to defray direct civilian student costs to
the school.
(d) Center Defined.--For purposes of this section, the term
``Center'' means the Foreign Language Center of the Defense
Language Institute.
(e) Expiration of Authority.--No student may be admitted to
the Center under subsection (a) to commence a program of
instruction beginning after September 30, 1997.
SEC. 560. DISCHARGE OF MEMBERS WHO ARE PERMANENTLY
NONWORLDWIDE ASSIGNABLE.
(a) In General.--(1) Chapter 59 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1177. Members who are permanently nonworldwide
assignable: mandatory discharge or retirement; counseling
``(a) Required Separation.--(1) Subject to paragraph (2), a
member of the armed forces who is classified as permanently
nonworldwide assignable due to a medical condition shall
(except as provided in subsection (c)) be separated.
``(2) Paragraph (1) shall not be in effect in the case of
any of the armed forces if the Secretary concerned determines
that the retention of permanently nonworldwide assignable
members would not adversely affect the ability of that
service to carry out its mission.
``(3) A separation under paragraph (1) shall be made on a
date determined by the Secretary concerned, which (except as
provided in subsection (b)(2)) shall be as soon as
practicable after the date on which the determination is made
that the member should be so classified and not later than
the last day of the twelfth month beginning after that date.
``(b) Form of Separation.--(1) If a member to be separated
under this section is eligible to retire under any provision
of law or to be transferred to the Fleet Reserve or Fleet
Marine Corps Reserve, the member shall be so retired or so
transferred. Otherwise, the member shall be discharged.
``(2) In the case of a member to be discharged under this
section who on the date on which the member is to be
discharged is within two years of qualifying for retirement
under any provison of law, or of qualifying for transfer to
the Fleet Reserve or Fleet Marine Corps Reserve under section
6330 of this title, the member may, as determined by the
Secretary concerned, be retained on active duty until the
member is qualified for retirement or transfer to the Fleet
Reserve or Fleet Marine Corps Reserve, as the case may be,
and then be so retired or transferred, unless the member is
sooner retired or discharged under any other provision of
law.
``(c) Exceptions.--The Secretary concerned may waive
subsection (a) with respect to an individual member of the
armed forces under the jurisdiction of that Secretary if the
Secretary determines that there are circumstances that
warrant the retention of that member. Such circumstances may
include--
``(1) consideration that the medical condition making the
member permanently nonworldwide assignable was incurred in
combat or otherwise as the result of an action of the member
for which the member received a decoration or other
recognition for personal bravery;
``(2) consideration that the member has a specific
proficiency or skill that is vital to the national security;
and
``(3) any other circumstance that the Secretary considers
to be for the good of the service.
``(d) Counseling About Available Medical Care.--A member to
be separated under this section shall be provided
information, in writing, before such separation of the
available medical care (through the Department of Veterans
Affairs and otherwise) to treat the member's condition. Such
information shall include identification of specific medical
locations near the member's home of record or point of
discharge at which the member may seek necessary medical
care.
``(e) Separation To Be Considered Involuntary.--A
separation under this section shall be considered to be an
involuntary separation for purposes of any other provision of
law.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``1177. Members who are permanently nonworldwide assignable: mandatory
discharge or retirement; counseling.''.
(b) Effective Date.--Section 1177 of title 10, United
States Code, as added by subsection (a), shall apply with
respect to members determined to be permanently nonworldwide
assignable by reason of a medical condition before, on, or
after the date of the enactment of this Act. In the case of
such a determination made before the date of the enactment of
this Act, the period for the separation of the member
specified in subsection (a) of such section shall be treated
as beginning on the date of the enactment of this Act.
(c) Conforming Amendment.--Section 1174(a)(1) of title 10,
United States Code, is amended by striking out ``section
580'' and inserting in lieu thereof ``section 580, 1177,''.
[[Page 1641]]
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1995.
(a) Waiver of Section 1009 Adjustment.--Any adjustment
required by section 1009 of title 37, United States Code, in
elements of compensation of members of the uniformed services
to become effective during fiscal year 1995 shall not be
made.
(b) Increase in Basic Pay, BAS, and BAQ.--Effective on
January 1, 1995, the rates of basic pay, basic allowance for
subsistence, and basic allowance for quarters of members of
the uniformed services are increased by 2.6 percent.
(c) Increase in Cadet and Midshipman Pay.--Effective on
January 1, 1995, section 203(c)(1) of title 37, United States
Code, is amended by striking out ``$543.90'' and inserting in
lieu thereof ``$558.04''.
SEC. 602. COST-OF-LIVING ALLOWANCE FOR MEMBERS OF THE
UNIFORMED SERVICES ASSIGNED TO HIGH COST AREAS
IN THE CONTINENTAL UNITED STATES.
(a) Allowance Authorized.--(1) Chapter 7 of title 37,
United States Code, is amended by inserting after section
403a the following new section:
``Sec. 403b. Cost-of-living allowance in the continental
United States
``(a) Payment Authorized.--The Secretary concerned may pay
a cost-of-living allowance to the eligible members of a
uniformed service under the jurisdiction of the Secretary.
``(b) Eligible Members.--The following members are eligible
to receive a cost-of-living allowance under this section:
``(1) A member assigned to a high cost area in the
continental United States.
``(2) A member assigned to an unaccompanied tour of duty
outside the continental United States if the primary
dependent of the member resides in a high cost area in the
continental United States.
``(3) A member assigned to duty in the continental United
States if the Secretary of the uniformed service concerned
determines that--
``(A) the primary dependent of the member must reside in a
high cost area in the continental United States by reason of
the member's duty location or other circumstances; and
``(B) it would be inequitable for the member's eligibility
for the allowance to be determined on the basis of the duty
location of the member.
``(c) High Cost Area Defined.--An area is a high cost area
for a fiscal year for purposes of this section if the
uniformed services cost of living for that area for the base
period exceeds the average cost of living in the continental
United States for such base period by at least the threshold
percentage. The Secretary of Defense, in consultation with
the other administering Secretaries, shall establish the
threshold percentage, except that the threshold percentage
may not be less than 8 percent. The administering Secretaries
shall prescribe a higher threshold percentage to be applied
for a fiscal year when it is necessary to do so in order to
ensure that the total amount of the payments of the cost-of-
living allowance made to members of the uniformed services
under this section for such fiscal year does not exceed the
total amount available to all uniformed services for that
fiscal year for paying such allowance.
``(d) Amount of Allowance.--The cost-of-living allowance
that may be paid to a member for a high cost area for a
fiscal year shall be the amount that is equal to the product
of--
``(1) the amount of the average spendable income determined
applicable for the regular military compensation level of
such member under subsection (g); and
``(2) the percentage equal to the excess of--
``(A) the percentage by which the uniformed services cost
of living for the member's high cost area for the base period
exceeds the average cost of living in the continental United
States for such base period, over
``(B) the threshold percentage applicable to such fiscal
year under subsection (c).
``(e) Limitation to One Allowance.--If primary dependents
of a member reside separately in different high cost areas--
``(1) the member may be paid only one cost-of-living
allowance under this section; and
``(2) the cost-of-living allowance payable to the member
shall be the highest of the amounts computed under this
section for such high cost areas.
``(f) Service Not Covered.--(1) A cost-of-living allowance
may not be paid a member under this section for the days
authorized for travel of the member in connection with a
permanent change of duty station.
``(2) A member of a reserve component is not eligible for a
cost-of-living allowance under this section unless the member
is on active duty under a call or order to active duty that--
``(A) specifies a period of 140 days or more; or
``(B) states that the call or order to active duty is in
support of a contingency operation.
``(g) Average Spendable Income.--The Secretary of Defense
shall determine, using a methodology and assumptions that the
Secretary considers appropriate, the amounts of average
spendable income of members of the uniformed services for
various ranges of regular military compensation. For purposes
of this subsection, spendable income is the total amount of
regular military compensation that is available for purchase
of goods and services after allocation of amounts for taxes,
insurance, housing, gifts and contributions, and savings.
``(h) Joint Regulations.--The Secretary of Defense and the
other administering Secretaries shall jointly prescribe
regulations to carry out this section.
``(i) Other Definitions.--In this section:
``(1) The term `primary dependent', with respect to a
member, means--
``(A) the member's spouse; or
``(B) in the case of an unmarried member, a dependent
described in paragraph (2) or (4) of section 401(a) of this
title.
``(2) The term `cost of living' means a price index
selected by the Secretary of Defense, in consultation with
the other administering Secretaries, from among the following
indices:
``(A) The Consumer Price Index (all items-United States
city average) published monthly by the Bureau of Labor
Statistics.
``(B) Any other index developed in the private sector that
the Secretary of Defense, in consultation with the other
administering Secretaries, determines is comparable to the
Consumer Price Index and is appropriate for use for purposes
of this section.
``(3) The term `uniformed services cost of living' means
the price index selected as described in paragraph (2) and
adjusted as the Secretary of Defense, in consultation with
the other administering Secretaries, considers appropriate to
reflect variations between expenses of members of the
uniformed services (as offset by the basic allowance for
subsistence) and the corresponding expenses of persons not
members of the uniformed services with regard to the
following:
``(A) Nonhousing costs (including costs of transportation,
goods, and services, taking into consideration savings
attributable to
use of such military facilities as commissary stores and
exchange stores).
``(B) Average income tax paid.
``(C) Cost of health care.
``(4) The term `base period', with respect to a fiscal
year, means the 12-month period ending on June 30 of the year
in which such fiscal year begins.
``(5) The term `administering Secretaries' means the
following:
``(A) The Secretary of Defense, with respect to the armed
forces (other than the Coast Guard when it is not operating
as a service in the Navy).
``(B) The Secretary of Transportation, with respect to the
Coast Guard when it is not operating as a service in the
Navy.
``(C) The Secretary of Commerce, with respect to the
National Oceanic and Atmospheric Administration.
``(D) The Secretary of Health and Human Services, with
respect to the Public Health Service.
``(6) The term `continental United States' means the 48
contiguous States and the District of Columbia.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
403a the following new item:
``403b. Cost-of-living allowance in the continental United States.''.
(b) Conditions on Provision of Allowance.--(1) A cost-of-
living allowance under section 403b of title 37, United
States Code, as added by subsection (a), may not be provided
until after the end of the 90-day period beginning on the
date the Secretary of Defense submits the report required
under paragraph (2).
(2) Before implementing section 403b of title 37, United
States Code, the Secretary of Defense, in consultation with
the other administering Secretaries (as defined in subsection
(h)(6) of such section), shall submit to Congress a report
describing--
(A) the methods by which the Secretary of Defense would
determine the price index to be used under such section and
the types of nonhousing related costs that will be considered
under such price index;
(B) the manner by which the Secretary will establish the
threshold percentage for purposes of such section;
(C) the manner in which savings attributable to use of such
military facilities as commissary stores, exchange stores,
and military medical treatment facilities will be taken into
consideration; and
(D) the methods by which the Secretary proposes to prevent
uncontrolled growth in Government expenditures through the
cost-of-living allowance available under such section.
SEC. 603. INCREASE IN SUBSISTENCE ALLOWANCE PAYABLE TO
MEMBERS OF SENIOR RESERVE OFFICERS' TRAINING
CORPS.
(a) Increase.--Section 209(a) of title 37, United States
Code, is amended by striking out ``$100 a month'' in the
first sentence and inserting in lieu thereof ``$150 a
month''.
(b) Application of Increase.--(1) Except as provided in
paragraph (2), the amendments made by subsection (a) shall
apply with respect to months beginning after August 31, 1995.
(2) Upon the approval of the Secretary of Defense, the
Secretary of a military department may implement such
amendments at an earlier date with respect to members of the
Senior Reserve Officers' Training Corps under the
jurisdiction of the Secretary if funds are available for the
monthly subsistence allowances authorized by such amendments.
[[Page 1642]]
SEC. 604. TEMPORARY FAMILY HOUSING OR TEMPORARY HOUSING
ALLOWANCES FOR DEPENDENTS OF MEMBERS WHO DIE IN
THE LINE OF DUTY.
(a) Temporary Housing.--Section 403(l)(1) of title 37,
United States Code, is amended by striking out ``90 days''
and inserting in lieu thereof ``180 days''.
(b) Temporary Housing Allowances.--Section 403(l)(2) of
such title is amended by striking out ``90 days'' both places
it appears and inserting in lieu thereof ``180 days''.
(c) Effective Date.--The amendments made by this section
shall take effect as of October 1, 1993.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. EXTENSION OF CERTAIN BONUSES FOR RESERVE FORCES.
(a) Selected Reserve Reenlistment Bonus.--Section 308b(f)
of title 37, United States Code, is amended by striking out
``September 30, 1995'' and inserting in lieu thereof
``September 30, 1996''.
(b) Selected Reserve Enlistment Bonus.--Section 308c(e) of
title 37, United States Code, is amended by striking out
``September 30, 1995'' and inserting in lieu thereof
``September 30, 1996''.
(c) Selected Reserve Affiliation Bonus.--Section 308e(e) of
title 37, United States Code, is amended by striking out
``September 30, 1995'' and inserting in lieu thereof
``September 30, 1996''.
(d) Ready Reserve Enlistment and Reenlistment Bonus.--
Section 308h(g) of title 37, United States Code, is amended
by striking out ``September 30, 1995'' and inserting in lieu
thereof ``September 30, 1996''.
(e) Prior Service Enlistment Bonus.--Section 308i(i) of
title 37, United States Code, is amended by striking out
``September 30, 1995'' and inserting in lieu thereof
``September 30, 1996''.
SEC. 612. EXTENSION AND MODIFICATION OF CERTAIN BONUSES AND
SPECIAL PAY FOR NURSE OFFICER CANDIDATES,
REGISTERED NURSES, AND NURSE ANESTHETISTS.
(a) Nurse Officer Candidate Accession Program.--Section
2130a(a)(1) of title 10, United States Code, is amended by
striking out ``September 30, 1995,'' and inserting in lieu
thereof ``September 30, 1996,''.
(b) Accession Bonus for Registered Nurses.--Section
302d(a)(1) of title 37, United States Code, is amended by
striking out ``September 30, 1995,'' and inserting in lieu
thereof ``September 30, 1996,''.
(c) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of title 37, United States Code, is amended--
(1) by striking out ``September 30, 1995,'' and inserting
in lieu thereof ``September 30, 1996,''; and
(2) by striking out ``$6,000'' and inserting in lieu
thereof ``$15,000''.
SEC. 613. EXTENSION OF AUTHORITY RELATING TO PAYMENT OF OTHER
BONUSES AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of
title 37, United States Code, is amended by striking out
``September 30, 1994'' and inserting in lieu thereof
``September 30, 1995''.
(b) Reenlistment Bonus for Active Members.--Section 308(g)
of title 37, United States Code, is amended by striking out
``September 30, 1995'' and inserting in lieu thereof
``September 30, 1996''.
(c) Enlistment Bonuses for Critical Skills.--Sections
308a(c) and 308f(c) of title 37, United States Code, are each
amended by striking out ``September 30, 1995'' and inserting
in lieu thereof ``September 30, 1996''.
(d) Special Pay for Enlisted Members of the Selected
Reserve Assigned to Certain High Priority Units.--Section
308d(c) of title 37, United States Code, is amended by
striking out ``September 30, 1995'' and inserting in lieu
thereof ``September 30, 1996''.
(e) Repayment of Education Loans for Certain Health
Professionals who Serve in the Selected Reserve.--Section
2172(d) of title 10, United States Code, is amended by
striking out ``October 1, 1995'' and inserting in lieu
thereof ``October 1, 1996''.
(f) Special Pay for Critically Short Wartime Health
Specialists in the Selected Reserves.--Section 613(d) of the
National Defense Authorization Act, Fiscal Year 1989 (37
U.S.C. 302 note) is amended by striking out ``September 30,
1995'' and inserting in lieu thereof ``September 30, 1996''.
(g) Special Pay for Nuclear-Qualified Officers Extending
Period of Active Service.--Section 312(e) of title 37, United
States Code, is amended by striking out ``September 30,
1995'' and inserting in lieu thereof ``September 30, 1996''.
(h) Nuclear Career Accession Bonus.--Section 312b(c) of
title 37, United States Code, is amended by striking out
``September 30, 1995'' and inserting in lieu thereof
``September 30, 1996''.
(i) Nuclear Career Annual Incentive Bonus.--Section 312c(d)
of title 37, United States Code, is amended by striking out
``October 1, 1995'' and inserting in lieu thereof ``October
1, 1996''.
Subtitle C--Travel and Transportation Allowances
SEC. 621. RESPONSIBILITY FOR PREPARATION OF TRANSPORTATION
MILEAGE TABLES.
Section 404(d)(1)(A) of title 37, United States Code, is
amended by striking out ``the Secretary of the Army'' and
inserting in lieu thereof ``the Secretary of Defense''.
SEC. 622. PAYMENT FOR TRANSIENT HOUSING FOR MEMBERS OF A
RESERVE COMPONENT PERFORMING CERTAIN TRAINING
DUTY.
Section 404 of title 37, United States Code, is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following new
subsection:
``(j)(1) In the case of a member of a reserve component
performing annual training duty or inactive-duty training who
is not otherwise entitled to travel and transportation
allowances in connection with such duty under subsection (a),
the Secretary concerned may reimburse the member for housing
service charge expenses incurred by the member in occupying
transient government housing during the performance of such
duty.
``(2) Any payment or other benefit under this subsection
shall be provided in accordance with regulations prescribed
by the Secretaries concerned.
``(3) The Secretary may pay service charge expenses under
paragraph (1) out of funds appropriated for operation and
maintenance for the reserve component concerned.''.
SEC. 623. CHANGE IN PROVISION OF TRANSPORTATION INCIDENT TO
PERSONAL EMERGENCIES FOR MEMBERS STATIONED
OUTSIDE THE CONTINENTAL UNITED STATES.
Section 411d(b) of title 37, United States Code, is
amended--
(1) in paragraph (1)--
(A) in the matter preceding the subparagraphs, by striking
``from the international airport'' and all that follows
through ``or the international airport nearest'' and
inserting in lieu thereof ``from the location of the member
or dependents, at the time notification of the personal
emergency is received, or''; and
(B) in subparagraph (A), by striking ``closest to the
international airport'' and inserting in lieu thereof
``closest to the location''; and
(2) in paragraph (4), by striking ``to the international
airport'' and all that follows through the period and
inserting in lieu thereof ``to the location from which the
member or dependent departed or the member's duty station.''.
SEC. 624. CLARIFICATION OF TRAVEL AND TRANSPORTATION
ALLOWANCE OF FAMILY MEMBERS INCIDENT TO SERIOUS
ILLNESS OR INJURY OF MEMBERS.
(a) Allowance in Cases of Brain Death.--Subsection (a) of
section 411h of title 37, United States Code, is amended--
(1) in paragraph (1), by striking out ``is necessary for''
and inserting in lieu thereof ``may contribute to''; and
(2) in paragraph (2), by striking out subparagraph (B) and
inserting in lieu thereof the following new subparagraph:
``(B) is seriously ill, seriously injured, or in a
situation of imminent death, whether or not electrical brain
activity still exists or brain death is declared; and''.
(b) Definition of Health and Welfare.--Subsection (b) of
such section is amended by adding at the end the following
new paragraph:
``(3) In this section, the term `health and welfare', with
respect to a member, includes a situation in which a decision
must be made by family members regarding the termination of
artificial life support being provided to the member.''.
SEC. 625. APPLICABILITY OF ADDITIONAL FAMILY SEPARATION
ALLOWANCE TO PERIODS BETWEEN DEPLOYMENTS LESS
THAN 30 DAYS APART.
(a) Coverage of Period Between Certain Deployments.--
Section 427(b) of title 37, United States Code, is amended--
(1) in paragraph (2), by striking out the first sentence;
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) A member who becomes entitled to an allowance under
this subsection by virtue of duty prescribed in subparagraph
(B) or (C) of paragraph (1) for a continuous period of more
than 30 days is entitled to the allowance effective as of the
earlier of--
``(A) the first day of that period; or
``(B) the first day the member ceased being entitled to a
previous allowance under this subsection by reason of the end
of duty prescribed in such subparagraphs, if the member
ceased being entitled to the previous allowance within 30
days before the first day of that period.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect as of June 20, 1994.
Subtitle D--Retired Pay and Survivor Benefits
SEC. 631. ELIMINATION OF DISPARITY BETWEEN EFFECTIVE DATES
FOR MILITARY AND CIVILIAN RETIREE COST-OF-
LIVING ADJUSTMENTS FOR FISCAL YEAR 1995.
(a) In General.--The fiscal year 1995 increase in military
retired pay shall (notwithstanding subparagraph (B) of
section 1401a(b)(2) of title 10, United States Code) first be
payable as part of such retired pay for the month of March
1995.
(b) Definitions.--For the purposes of subsection (a):
(1) The term ``fiscal year 1995 increase in military
retired pay'' means the increase in retired pay that,
pursuant to paragraph (1) of section 1401a(b) of title 10,
United States Code, becomes effective on December 1, 1994.
(2) The term ``retired pay'' includes retainer pay.
(c) Limitation.--Subsection (a) shall be effective only if
there is appropriated to the Department of Defense Military
Retirement Fund (in an Act making appropriations for the
Department of Defense for fiscal year
[[Page 1643]]
1995 that is enacted before March 1, 1995) such amount as is
necessary to offset increased outlays to be made from that
fund during fiscal year 1995 by reason of the provisions of
subsection (a).
(d) Authorization of Appropriations.--There is authorized
to be appropriated for fiscal year 1995 to the Department of
Defense Military Retirement Fund the sum of $376,000,000 to
offset increased outlays to be made from that fund during
fiscal year 1995 by reason of the provisions of subsection
(a).
SEC. 632. SENSE OF CONGRESS ON EQUAL TREATMENT OF EFFECTIVE
DATES FOR FUTURE COST-OF-LIVING ADJUSTMENTS FOR
MILITARY AND CIVILIAN RETIREES.
(a) Findings.--Congress makes the following findings:
(1) Congress, in the Omnibus Budget Reconciliation Act of
1993, changed the effective dates for future cost-of-living
adjustments for military retired pay and for Federal civilian
retirement annuities, which (before that Act) were provided
by law to be made effective on December 1 each year.
(2) The timing, and the percentage of increase, of military
and Federal civilian retirees' cost-of-living adjustments
have been linked for decades.
(3) The effect of the enactment of the Omnibus Budget
Reconciliation Act of 1993 was to abandon the longstanding
congressional practice of treating military and Federal
civilian retirees identically in matters related to cost-of-
living adjustments.
(b) Sense of Congress.--In light of the findings in
subsection (a), it is the sense of Congress that--
(1) as a matter of simple equity and fairness, it is
imperative that cost-of-living adjustments in retirement
benefits for military and Federal civilian retirees be
returned to an identical schedule as soon as possible, but
not later than January 1, 1999;
(2) if after October 1, 1998, there is, by law, a
difference between the date on which a cost-of-living
adjustment for Federal civilian retirees takes effect and the
date on which a cost-of-living adjustment for military
retirees takes effect, then the difference in those effective
dates should be eliminated by requiring that cost-of-living
adjustments for both classes of retirees become effective on
the earlier of the two dates; and
(3) if after October 1, 1998, there is, by law, a
difference between the first month for which a cost-of-living
adjustment for civilian retirees is payable and the first
month for which a cost-of-living adjustment for military
retirees is payable, then the difference in the months for
which those adjustments are first payable should be
eliminated by requiring that the cost-of-living adjustments
for both classes of retirees first become payable for the
earlier of the two months.
SEC. 633. CLARIFICATION OF CALCULATION OF RETIRED PAY FOR
OFFICERS WHO RETIRE IN A GRADE LOWER THAN THE
GRADE HELD AT RETIREMENT.
(a) Prevention of Retired Pay Based on Grade Higher Than
Retired Grade.--Section 1401a(f) of title 10, United States
Code, is amended--
(1) in the first sentence, by inserting ``based on the
grade in which the member is retired'' after ``at an earlier
date'';
(2) in the second sentence, by inserting ``, except that
such computation may not be based on a rate of basic pay for
a grade higher than the grade in which the member is
retired'' before the period at the end; and
(3) by striking out the third sentence.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to the computation of the retired
pay of a member of the Armed Forces who retires on or after
the date of the enactment of this Act.
SEC. 634. WAIVER OF ADMINISTRATIVE TIME-IN-GRADE REQUIREMENTS
TO PREVENT PAY INVERSIONS IN RETIRED PAY OF
CERTAIN MILITARY RETIREES.
(a) Authority.--The Secretary concerned may, for purposes
of the computation under section 1401a(f) of title 10, United
States Code, of the retired pay of military retirees
described in subsection (b), waive any administrative time-
in-grade regulation (as described in subsection (d)) that
would otherwise apply to such computation. Any such waiver
may be made retroactive, in the case of any such retiree, to
the date on which that retiree initially became entitled to
retired pay.
(b) Covered Retirees.--This section applies to any military
retiree--
(1) who initially became entitled to retired pay on or
after January 1, 1971, and before the date of the enactment
of this Act;
(2) whose retired pay, by reason of the provisions of
section 1401a(f) of title 10, United States Code (the so-
called ``Tower amendment''), was initially computed as an
amount greater than would have been the case but for that
section; and
(3) who, as of the earlier computation date applicable to
that retiree--
(A) in the case of an individual retired in an enlisted
grade, had served in the grade in which the retiree retired
for a period that was less than the period prescribed by the
applicable administrative time-in-grade requirement described
in subsection (d); and
(B) in the case of an individual retired in an officer
grade--
(i) was subject to an administrative time-in-grade
requirement described in subsection (d) that established a
time-in-grade requirement that was longer than the statutory
time-in-grade requirement applicable to that member; and
(ii) had served in the grade in which the retiree retired
for a period that was less than the period prescribed by such
administrative time-in-grade requirement but not less than
the statutory time-in-grade requirement applicable to that
member.
(c) Earlier Computation Date.--For purposes of subsection
(b)(3), the earlier computation date applicable to a military
retiree is the date that (under such section 1401a(f) as in
effect on the date of the member's retirement) was the
``earlier date'' that was used as the basis for the
computation of the retiree's retired pay.
(d) Regulations Subject to Waiver.--A regulation that may
be waived under subsection (a) is any regulation (not
required by law) that establishes a minimum period of time
that a member of the Armed Forces must have served in a grade
on active duty in order to be eligible to retire in that
grade.
(e) Scope of Waiver Authority.--The Secretary concerned may
exercise the authority provided in subsection (a) in the case
of an individual military retiree or for any group of
military retirees.
(f) Military Retiree Defined.--For purposes of this
section, the term ``military retiree'' means a member or
former member of the Armed Forces who is entitled to retired
pay.
(g) Secretary Concerned.--For purposes of this section, the
term ``Secretary concerned'' has the meaning given such term
in section 101 of title 10, United States Code.
SEC. 635. CREDITING OF RESERVE SERVICE OF ENLISTED MEMBERS
FOR COMPUTATION OF RETIRED PAY.
(a) Army.--(1) Section 3925 of title 10, United States
Code, is amended--
(A) in subsection (a), by striking out ``and of computing
his retired pay under section 3991 of this title,''; and
(B) by striking out subsection (c).
(2)(A) Paragraph (1) of subsection (a) of section 3991 of
such title is amended to read as follows:
``(1) Formula.--The monthly retired pay of a member
entitled to such pay under this subtitle is computed by
multiplying--
``(A) the member's retired pay base (as computed under
section 1406(c) or 1407 of this title), by
``(B) the retired pay multiplier prescribed in section 1409
of this title for the number of years credited to the member
under section 1405 of this title.''.
(B) Subsection (b) of such section is amended--
(i) in paragraph (1), by striking out ``of the table''; and
(ii) by striking out paragraph (3).
(3) The text of section 3992 of such title is amended to
read as follows:
``(a) Entitlement to Recomputation.--An enlisted member or
warrant officer of the Army who is advanced on the retired
list under section 3964 of this title is entitled to
recompute his retired pay in accordance with this section.
``(b) Formula.--The monthly retired pay of a member
entitled to recompute that pay under this section is computed
by multiplying--
``(1) the member's retired pay base (as computed under
section 1406(c) or 1407 of this title), by
``(2) the retired pay multiplier prescribed in section 1409
of this title for the number of years credited to the member
under section 1405 of this title.
``(c) Rounding to Next Lower Dollar.--The amount computed
under subsection (b), if not a multiple of $1, shall be
rounded to the next lower multiple of $1.''.
(b) Navy and Marine Corps.--The table in section 6333(a) of
title 10, United States Code, is amended by striking out
``his years of active service in the armed forces'' in
formula C under the column designated ``Column 2'' and
inserting in lieu thereof ``the years of service that may be
credited to him under section 1405.''.
(c) Air Force.--(1) Section 8925 of title 10, United States
Code, is amended--
(A) in subsection (a), by striking out ``and of computing
his retired pay under section 8991 of this title,''; and
(B) by striking out subsection (c).
(2)(A) Paragraph (1) of subsection (a) of section 8991 of
such title is amended to read as follows:
``(1) Formula.--The monthly retired pay of a member
entitled to such pay under this subtitle is computed by
multiplying--
``(A) the member's retired pay base (as computed under
section 1406(e) or 1407 of this title), by
``(B) the retired pay multiplier prescribed in section 1409
of this title for the number of years credited to the member
under section 1405 of this title.''.
(B) Subsection (b) of such section is amended--
(i) in paragraph (1), by striking out ``of the table''; and
(ii) by striking out paragraph (3).
(3) The text of section 8992 of such title is amended to
read as follows:
``(a) Entitlement to Recomputation.--An enlisted member or
warrant officer of the Air Force who is advanced on the
retired list under section 8964 of this title is entitled to
recompute his retired pay in accordance with this section.
``(b) Formula.--The monthly retired pay of a member
entitled to recompute that pay under this section is computed
by multiplying--
``(1) the member's retired pay base (as computed under
section 1406(e) or 1407 of this title), by
``(2) the retired pay multiplier prescribed in section 1409
of this title for the number of
[[Page 1644]]
years credited to the member under section 1405 of this
title.
``(c) Rounding to Next Lower Dollar.--The amount computed
under subsection (b), if not a multiple of $1, shall be
rounded to the next lower multiple of $1.''.
(d) Conforming Amendment.--Section 1405 of title 10, United
States Code, is amended by adding at the end the following
new subsection:
``(c) Exclusion of Time Required To Be Made Up.--Time
required to be made up by an enlisted member of the Army or
Air Force under section 972 of this title may not be counted
in determining years of service under subsection (a).''.
(e) Effective Date.--This section shall apply to--
(1) the computation of the retired pay of any enlisted
member who retires on or after the date of the enactment of
this Act;
(2) the computation of the retainer pay of any enlisted
member who is transferred to the Fleet Reserve or the Fleet
Marine Corps Reserve on or after the date of the enactment of
this Act; and
(3) the recomputation of the retired pay of any enlisted
member who is advanced on the retired list on or after the
date of the enactment of this Act.
SEC. 636. MINIMUM REQUIRED RESERVE SERVICE FOR ELIGIBILITY
FOR RETIRED PAY FOR NONREGULAR SERVICE DURING
FORCE DRAWDOWN PERIOD.
Section 1331 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(f) In the case of a person who completes the service
requirements of subsection (a)(2) during the period beginning
on the date of the enactment of this subsection and ending on
September 30, 1999, the provisions of subsection (a)(3) shall
be applied by substituting `the last six years' for `the last
eight years'.''.
SEC. 637. SBP PREMIUMS FOR RESERVE-COMPONENT CHILD-ONLY
COVERAGE.
(a) Determination of Premiums.--Subsection (b) of section
1452 of title 10, United States Code, is amended to read as
follows:
``(b) Child-Only Annuities.--
``(1) Required reduction in retired pay.--The retired pay
of a participant in the Plan who is providing child-only
coverage (as described in paragraph (4)) shall be reduced by
an amount prescribed under regulations by the Secretary of
Defense.
``(2) No reduction when no child.--There shall be no
reduction in retired pay under paragraph (1) for any month
during which the participant has no eligible dependent child.
``(3) Special rule for certain rcsbp participants.--In the
case of a participant in the Plan who is participating in the
Plan under an election under section 1448(a)(2)(B) of this
title and who provided child-only coverage during a period
before the participant becomes entitled to receive retired
pay, the retired pay of the participant shall be reduced by
an amount prescribed under regulations by the Secretary of
Defense to reflect the coverage provided under the Plan
during the period before the participant became entitled to
receive retired pay. A reduction under this paragraph is in
addition to any reduction under paragraph (1) and is made
without regard to whether there is an eligible dependent
child during a month for which the reduction is made.
``(4) Child-only coverage defined.--For the purposes of
this subsection, a participant in the Plan who is providing
child-only coverage is a participant who has a dependent
child and who--
``(A) does not have an eligible spouse or former spouse; or
``(B) has a spouse or former spouse but has elected to
provide an annuity for dependent children only.''.
(b) Effective Date.--(1) Except as provided in paragraph
(2), the amendment made by subsection (a) applies to any
election for child-only coverage under a reserve-component
annuity under the Survivor Benefit Plan, whether made before,
on, or after the date of the enactment of this Act.
(2) Paragraph (1) does not apply in a case of an election
referred to in that paragraph that was made before the date
of the enactment of this Act if the participant was informed,
in writing, before the date of the enactment of this Act that
no reduction in the participant's retired pay for child-only
coverage would be made during a period when there was no
eligible dependent child.
SEC. 638. DISCONTINUATION OF INSURABLE INTEREST COVERAGE
UNDER SURVIVOR BENEFIT PLAN.
Paragraph (1) of section 1448(b) of title 10, United States
Code, is amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following:
``(B) An election under subparagraph (A) for a beneficiary
who is not the former spouse of the person providing the
annuity may be terminated. Any such termination shall be made
by a participant by the submission to the Secretary concerned
of a request to discontinue participation in the Plan, and
such participation in the Plan shall be discontinued
effective on the first day of the first month following the
month in which the request is received by the Secretary
concerned. Effective on such date, the Secretary concerned
shall discontinue the reduction being made in such person's
retired pay on account of participation in the Plan or, in
the case of a person who has been required to make deposits
in the Treasury on account of participation in the Plan, such
person may discontinue making such deposits effective on such
date.
``(C) A request under subparagraph (B) to discontinue
participation in the Plan shall be in such form and shall
contain such information as may be required under regulations
prescribed by the Secretary of Defense.
``(D) The Secretary concerned shall furnish promptly to
each person who submits a request under subparagraph (B) to
discontinue participation in the Plan a written statement of
the advantages and disadvantages of participating in the Plan
and the possible disadvantages of discontinuing
participation. A person may withdraw the request to
discontinue participation if withdrawn within 30 days after
having been submitted to the Secretary concerned.
``(E) Once participation is discontinued, benefits may not
be paid in conjunction with the earlier participation in the
Plan and premiums paid may not be refunded. Participation in
the Plan may not later be resumed except through a qualified
election under paragraph (5) of subsection (a).''.
SEC. 639. FORFEITURE OF ANNUITY OR RETIRED PAY OF MEMBERS
CONVICTED OF ESPIONAGE UNDER UCMJ.
(a) Forfeiture.--Section 8312(b)(2)(A) of title 5, United
States Code, is amended by striking out ``or article 106
(spies)'' and inserting in lieu thereof ``, article 106
(spies), or article 106a (espionage)''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act
and shall apply to persons convicted of espionage under
section 906a of title 10, United States Code (article 106a of
the Uniform Code of Military Justice), on or after the date
of the enactment of this Act.
SEC. 640. TREATMENT OF RETIRED AND RETAINER PAY OF MEMBERS OF
CADRE OF CIVILIAN COMMUNITY CORPS.
Section 159(c)(3) of the National and Community Service Act
of 1990 (42 U.S.C. 12619(c)(3)) is amended by adding at the
end the following: ``In the case of a member of the permanent
cadre who was recommended for appointment in accordance with
section 162(a)(2)(A) and is entitled to retired or retainer
pay, section 5532 of title 5, United States Code, shall not
apply to reduce the member's retired or retainer pay by
reason of the member being paid as a member of the cadre.''.
Subtitle E--Other Matters
SEC. 651. ELIGIBILITY OF MEMBERS RETIRED UNDER TEMPORARY
SPECIAL RETIREMENT AUTHORITY FOR SERVICEMEN'S
GROUP LIFE INSURANCE.
(a) Eligibility.--Section 1965(5) of title 38, United
States Code, is amended--
(1) by striking out ``and'' at the end of subparagraph (C);
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following new
subparagraph (D):
``(D) a person transferred to the Retired Reserve of a
uniformed service under the temporary special retirement
authority provided in section 1331a of title 10 who has not
received the first increment of retirement pay or has not
reached sixty-one years of age; and''.
(b) Insurance Coverage.--Section 1967(a) of such title is
amended--
(1) by striking out ``and'' at the end of paragraph (2);
(2) by adding ``and'' at the end of paragraph (3);
(3) by inserting after paragraph (3) the following:
``(4) any member assigned to the Retired Reserve of a
uniform service who meets the qualifications set forth in
section 1965(5)(D) of this title;''; and
(4) in the second sentence, by inserting after ``section
1965(5)(C) of this title,'' the following: ``or the first day
a member of the Reserves meets the qualifications of section
1965(5)(D) of this title,''.
(c) Duration of Coverage.--Section 1968(a) of such title is
amended--
(1) in the matter preceding paragraph (1), by striking out
``section 1965(5)(B) or (C)'' and inserting in lieu thereof
``subparagraph (B), (C), or (D) of section 1965(5)'';
(2) in paragraph (4)--
(A) by striking out ``or'' at the end of subparagraph (A);
(B) by striking out the period at the end of subparagraph
(B) and inserting in lieu thereof ``; or''; and
(C) by adding at the end the following new subparagraph:
``(C) unless on the date of such separation or release the
member is transferred to the Retired Reserve of a uniformed
service under the temporary special retirement authority
provided in section 1331a of title 10, in which event the
insurance, unless converted to an individual policy under
terms and conditions set forth in section 1977(e) of this
title, shall, upon timely payment of premiums under terms
prescribed by the Secretary directly to the administrative
office established under section 1966(b) of this title,
continue in force until receipt of the first increment of
retirement pay by the member or the member's sixty-first
birthday, whichever occurs earlier.''; and
(3) by adding at the end the following:
``(6) with respect to a member of the Retired Reserve who
meets the qualifications of section 1965(5)(D) of this title,
at such time as the member receives the first increment of
retirement pay, or the member's sixty-
[[Page 1645]]
first birthday, whichever occurs earlier, subject to the
timely payment of the initial and subsequent premiums, under
terms prescribed by the Secretary, directly to the
administrative office established under section 1966(b) of
this title.''.
(d) Deductions.--Section 1969 of such title is amended--
(1) in subsection (a)(2)--
(A) by striking out ``or is assigned'' and inserting in
lieu thereof ``is assigned''; and
(B) by inserting after ``section 1965(5)(C) of this
title,'' the following: ``or is assigned to the Retired
Reserve and meets the qualifications of section 1965(5)(D) of
this title,''; and
(2) in subsection (e), by striking out ``section
1965(5)(C)'' in the first sentence and inserting in lieu
thereof ``subparagraph (C) or (D) of section 1965(5)''.
SEC. 652. TRANSPORTATION OF REMAINS.
(a) Transportation of Remains of Deceased Retired Members
Who Die Outside United States.--(1) Section 1481 of title 10,
United States Code, is amended--
(A) in subsection (a)--
(i) by striking out ``the remains of--'' and inserting in
lieu thereof ``the remains of the following persons:'';
(ii) by capitalizing the first letter of the first word in
each paragraph;
(iii) by striking out the semicolon at the end of each
paragraph (other than paragraphs (7) and (8)) and inserting
in lieu thereof a period;
(iv) by striking out ``; and'' at the end of paragraph (7)
and inserting in lieu thereof a period; and
(v) by adding after paragraph (8) the following new
paragraph:
``(9) To the extent authorized under section 1482(g) of
this title, any retired member of an armed force who dies
while outside the United States or any individual who dies
outside the United States while a dependent of such a
member.''; and
(B) by adding at the end the following new subsection:
``(c) In this section, the term `dependent' has the meaning
given such term in section 1072(2) of this title.''.
(2) Section 1482 of such title is amended by adding at the
end the following new subsection:
``(g) The payment of expenses incident to the recovery,
care, and disposition of a decedent covered by section
1481(a)(9) of this title is limited to the payment of
expenses described in paragraphs (1) through (5) of
subsection (a) and air transportation of the remains from a
location outside the United States to a point of entry in the
United States. Such air transportation may be provided
without reimbursement on a space-available basis in military
or military-chartered aircraft. The Secretary concerned shall
pay all other expenses authorized to be paid under this
subsection only on a reimbursable basis. Amounts reimbursed
to the Secretary concerned under this subsection shall be
credited to appropriations available, at the time of
reimbursement, for the payment of such expenses.''.
(3) The amendments made by this subsection shall apply with
respect to the remains of, and incidental expenses incident
to the recovery, care, and disposition of, an individual who
dies after the date of the enactment of this Act.
(b) Transportation of Remains of Deceased Veterans on
Aeromedical Evacuation Aircraft.--(1) Subsection (a) of
section 2641 of title 10, United States Code, is amended by
inserting before the period the following: ``or of
transporting the remains of a deceased veteran who died at
such a facility after being transported to the facility under
this subsection. Transportation of the remains of a deceased
veteran under this subsection may be provided to the place
from which the veteran was transported to the facility or to
any other destination which is not farther away from the
facility than such place''.
(2) Such section is further amended--
(A) in subsection (b)--
(i) in the matter preceding paragraph (1), by inserting
``(or for the remains of a veteran)'' after ``furnished to a
veteran'';
(ii) in paragraph (1), by inserting ``(or of the remains of
such veteran)'' after ``of such veteran''; and
(iii) in paragraph (2), by inserting ``(or the remains of
the veteran)'' after ``for the veteran'';
(B) in subsection (d)(1)--
(i) by inserting ``(or on the survivors of a veteran)''
after ``on a veteran''; and
(ii) by inserting ``(or for the remains of the veteran)''
after ``to the veteran''; and
(C) in subsection (d)(2), by inserting ``(or for the
remains of veterans)'' after ``to veterans''.
SEC. 653. SPECIAL SUPPLEMENTAL FOOD PROGRAM FOR DEPARTMENT OF
DEFENSE PERSONNEL OUTSIDE THE UNITED STATES.
(a) In General.--Chapter 53 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1060a. Special supplemental food program
``(a) Authority.--The Secretary of Defense may carry out a
program to provide special supplemental food benefits to
members of the armed forces on duty at stations outside the
United States (and its territories and possessions) and to
eligible civilians serving with, employed by, or accompanying
the armed forces outside the United States (and its
territories and possessions).
``(b) Federal Payments and Commodities.--For the purpose of
obtaining Federal payments and commodities in order to carry
out the program referred to in subsection (a), the Secretary
of Agriculture shall make available to the Secretary of
Defense from funds appropriated for such purpose, the same
payments and commodities as are made for the special
supplemental food program in the United States under section
17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786).
``(c) Program Administration.--(1)(A) The Secretary of
Defense shall administer the program referred to in
subsection (a) and, except as provided in subparagraph (B),
shall determine eligibility for program benefits under the
criterion published by the Secretary of Agriculture under
section 17 of the Child Nutrition Act of 1966 (42 U.S.C.
1786).
``(B) The Secretary of Defense shall prescribe regulations
governing computation of income eligibility standards for
families of individuals participating in the program under
this section.
``(2) The program benefits provided under the program shall
be similar to benefits provided by State and local agencies
in the United States.
``(d) Departure From Standards.--The Secretary of Defense
may authorize departures from standards prescribed by the
Secretary of Agriculture regarding the supplemental foods to
be made available in the program when local conditions
preclude strict compliance or when such compliance is highly
impracticable.
``(e) Regulations.--The Secretary of Defense shall
prescribe regulations to administer the program authorized by
this section.
``(f) Definitions.--In this section:
``(1) The term `eligible civilian' means--
``(A) a dependent of a member of the armed forces residing
with the member outside the United States;
``(B) an employee of a military department who is a
national of the United States and is residing outside the
United States in connection with such individual's employment
or a dependent of such individual residing with the employee
outside the United States; or
``(C) an employee of a Department of Defense contractor who
is a national of the United States and is residing outside
the United States in connection with such individual's
employment or a dependent of such individual residing with
the employee outside the United States.
``(2) The term `national of the United States' means--
``(A) a citizen of the United States; or
``(B) a person who, though not a citizen of the United
States, owes permanent allegiance to the United States (as
defined in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22))).
``(3) The term `dependent' has the meaning given such term
in subparagraphs (A), (D), (E), and (I) of section 1072(2) of
this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 53 of title 10, United States Code, is
amended by adding at the end the following new item:
``1060a. Special supplemental food program.''.
SEC. 654. STUDY OF OFFSET OF DISABILITY COMPENSATION BY
RECEIPT OF SEPARATION BENEFITS AND INCENTIVES.
(a) Study Required.--The Comptroller General of the United
States shall carry out a study regarding the requirement in
each of the following provisions of title 10, United States
Code, to offset the amount of disability compensation payable
to a veteran by the amount of the separation benefits paid to
the veteran under such provision of law:
(1) Section 1174, relating to payment of separation pay
upon involuntary discharge or release from active duty.
(2) Section 1174a(a), relating to payment of a special
separation benefit for voluntary separation.
(3) Section 1175, relating to payment of a voluntary
separation incentive.
(b) Elements of Study.--In carrying out the study required
under subsection (a), the Comptroller General shall--
(1) determine the purposes of the provisions of law
referred to in such subsection;
(2) determine the justifications for the requirement for
offset of disability compensation provided in each such
provision of law;
(3) assess the financial effects of the offset requirements
on affected veterans, and the fiscal effects of the offset
requirements on the Federal Government, taking into
consideration--
(A) an estimate (by the Comptroller General) of the number
of members of the Armed Forces who will separate from the
Armed Forces during the period beginning on the date of the
enactment of this Act and ending on September 30, 1999;
(B) an estimate (by the Comptroller General) of--
(i) the number of such members who will receive separation
benefits under the provisions of law referred to in
subsection (a); and
(ii) the average amount of the benefits to be paid such
members;
(C) an estimate (by the Comptroller General) of--
(i) the number of such members who will be entitled to
disability compensation payable by the Secretary of Veterans
Affairs; and
(ii) the average monthly amount of the compensation to
which such members will be entitled; and
(D) an assessment (by the Comptroller General) of the
extent, if any, to which the offset affects the capacity of
such members to meet their financial obligations, including
financial obligations incurred in connection with service in
the Armed Forces or with separation from that service, and
increased net costs for housing and medical care;
[[Page 1646]]
(4) determine the extent, if any, to which the offset of
disability compensation required under the provisions of law
referred to in subsection (a) reduces the effectiveness of
such provisions of law for achieving the purposes of those
provisions of law; and
(5) determine the cost to the Federal Government that would
result from repeal of the offset requirements in such
provisions of law.
(c) Results of Study.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General
shall submit to the Committees on Armed Services and the
Committees on Veterans' Affairs of the Senate and the House
of Representatives a report containing the results of the
study required under subsection (a). The report shall include
recommendations of the Comptroller General for improvement of
the separation benefits under the provisions of law referred
to in subsection (a).
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
SEC. 701. REVISION OF DEFINITION OF DEPENDENTS TO INCLUDE
YOUNG PEOPLE BEING ADOPTED BY MEMBERS OR FORMER
MEMBERS.
(a) Eligibility for Health Benefits.--Section 1072 of title
10, United States Code, is amended--
(1) in paragraph (2)(D), by striking out the matter
preceding clause (i) and inserting in lieu thereof the
following:
``(D) a child who--''; and
(2) by adding at the end the following new paragraph:
``(6) The term `child', with respect to a member or former
member of a uniformed service, means the following:
``(A) An unmarried legitimate child.
``(B) An unmarried adopted child.
``(C) An unmarried stepchild.
``(D) An unmarried person--
``(i) who is placed in the home of the member or former
member by a placement agency (recognized by the Secretary of
Defense) in anticipation of the legal adoption of the person
by the member or former member; and
``(ii) who otherwise meets the requirements specified in
paragraph (2)(D).''.
(b) Conforming Amendment.--Section 401(b)(1)(B) of title
37, United States Code, is amended by striking out
``placement agency for the purpose of adoption'' and
inserting in lieu thereof ``placement agency (recognized by
the Secretary of Defense) in anticipation of the legal
adoption of the child by the member''.
SEC. 702. TREATMENT OF CERTAIN DEPENDENTS AS CHILDREN FOR
PURPOSES OF CHAMPUS, DEPENDENTS' DENTAL
PROGRAM, AND CONTINUED HEALTH BENEFITS
COVERAGE.
(a) CHAMPUS.--(1) Subsection (a) of section 1079 of title
10, United States Code, is amended in the first sentence by
striking out ``spouses and children'' and inserting in lieu
thereof ``dependents, as described in subparagraphs (A), (D),
and (I) of section 1072(2) of this title,''.
(2) Subsection (d) of such section is amended by striking
out ``as defined in section 1072(2)(A) or (D)'' and inserting
in lieu thereof ``as described in subparagraph (A), (D), or
(I) of section 1072(2)''.
(b) Dependents' Dental Program.--Section 1076a of such
title is amended--
(1) in subsection (a)(1), by striking out ``spouses and
children (as described in section 1072(2)(D) of this title)''
and inserting in lieu thereof ``eligible dependents'';
(2) in subsection (e), by striking out ``spouse or child''
and inserting in lieu thereof ``eligible dependent'';
(3) in subsection (f), by striking out ``spouse or
children'' both places it appears and inserting in lieu
thereof ``eligible dependents''; and
(4) by adding at the end the following new subsection:
``(h) Eligible Dependent Defined.--In this section, the
term `eligible dependent' means a dependent described in
subparagraph (A), (D), or (I) of section 1072(2) of this
title.''.
(c) Continued Health Benefits Coverage.--Section 1078a of
such title is amended--
(1) in subsection (b)(2)(A), by inserting before the
semicolon the following: ``or ceases to meet the requirements
for being considered an unmarried dependent under section
1072(2)(I) of this title'';
(2) in subsection (c)(3)--
(A) by striking out ``child'' both places it appears and
inserting in lieu thereof ``dependent''; and
(B) by striking out ``child's'' each place it appears and
inserting in lieu thereof ``dependent's'';
(3) in subsection (d)(2)(A)--
(A) by striking out ``child'' the first, second, and fourth
places it appears and inserting in lieu thereof
``dependent''; and
(B) by striking out ``an unmarried dependent child under
section 1072(2)(D) of this title,'' and inserting in lieu
thereof ``a dependent under subparagraph (D) or (I) of
section 1072(2) of this title;'';
(4) in subsection (d)(2)(B)--
(A) by striking out ``child's'' and inserting in lieu
thereof ``dependent's''; and
(B) by striking out ``child'' and inserting in lieu thereof
``dependent'';
(5) in subsection (g)(1)(B), by striking out ``an unmarried
dependent child under section 1072(2)(D) of this title'' and
inserting in lieu thereof ``a dependent under subparagraph
(D) or (I) of section 1072(2) of this title''; and
(6) in subsection (g)(2), by striking out ``child'' both
places it appears and inserting in lieu thereof
``dependent''.
SEC. 703. AVAILABILITY OF DEPENDENTS' DENTAL PROGRAM OUTSIDE
THE UNITED STATES.
(a) Program Expansion.--Section 1076a of title 10, United
States Code, is amended--
(1) by redesignating subsection (h), as added by section
702(b)(4), as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection:
``(h) Care Outside the United States.--The Secretary may
exercise the authority provided under subsection (a) to
establish basic dental benefits plans for the provision of
dental benefits outside the United States for the eligible
dependents of members of the uniformed services accompanying
the members on permanent assignments to duty outside the
United States.''.
(b) Conforming Amendment.--Section 1077(c) of such title is
amended by striking out ``and care'' and inserting in lieu
thereof ``, dental care provided outside the United States,
and dental care''.
SEC. 704. AUTHORIZATION FOR MEDICAL AND DENTAL CARE FOR
ABUSED DEPENDENTS OF CERTAIN MEMBERS.
(a) Additional Basis for Care.--Subsection (e) of section
1076 of title 10, United States Code, is amended--
(1) by striking out paragraph (1) and inserting in lieu
thereof the following new paragraph:
``(1) Subject to paragraph (3), if an abused dependent of a
former member of a uniformed service described in paragraph
(4) needs medical or dental care for an injury or illness
resulting from abuse by the member, the administering
Secretary may, upon request of the abused dependent, furnish
medical or dental care to the dependent for the treatment of
such injury or illness in facilities of the uniformed
services.''; and
(2) by adding at the end the following new paragraph:
``(4)(A) A former member of a uniformed service referred to
in paragraph (1) is a member who--
``(i) received a dishonorable or bad-conduct discharge or
was dismissed from a uniformed service as a result of a
court-martial conviction for an offense, under either
military or civil law, involving abuse of a dependent of the
member; or
``(ii) was administratively discharged from a uniformed
service as a result of such an offense.
``(B) A determination of whether an offense involved abuse
of a dependent of the member shall be made in accordance with
regulations prescribed by the administering Secretary for
such uniformed service.''.
(b) Conforming Amendments.--Such subsection is further
amended--
(1) by inserting ``former'' before ``member'' each place it
appears in paragraphs (2) and (3);
(2) in paragraph (2), by striking out ``paragraph (1)(A)''
and inserting in lieu thereof ``paragraph (4)''; and
(3) in paragraph (3)(C)--
(A) by striking out ``is'' and inserting in lieu thereof
``was''; and
(B) by striking out ``paragraph (1)(A)'' and inserting in
lieu thereof ``paragraph (4)''.
(c) Personal Service Contracts to Provide Care.--(1) The
Secretary of Defense may enter into personal service
contracts under the authority of section 1091 of title 10,
United States Code, with persons described in paragraph (2)
to provide the services of clinical counselors, family
advocacy program staff, and victim's services representatives
to members of the Armed Forces and covered beneficiaries who
require such services. Notwithstanding subsection (a) of such
section, such services may be provided in medical treatment
facilities of the Department of Defense or elsewhere as
determined appropriate by the Secretary.
(2) The persons with whom the Secretary may enter into a
personal services contract under this subsection shall
include clinical social workers, psychologists,
psychiatrists, and other comparable professionals who have
advanced degrees in counseling or related academic
disciplines and who meet all requirements for State licensure
and board certification requirements, if any, within their
fields of specialization.
SEC. 705. ADDITIONAL AUTHORIZED HEALTH CARE SERVICE AVAILABLE
THROUGH MILITARY HEALTH CARE SYSTEM.
Section 1077(b)(2)(B) of title 10, United States Code, is
amended by inserting after ``artificial limbs'' the
following: ``, voice prostheses,''.
SEC. 706. DEMONSTRATION PROGRAMS FOR SALE OF PHARMACEUTICALS.
(a) Persons Eligible for Participation.--Subsection (c)(2)
of section 702 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 1079 note) is
amended by striking out subparagraph (B) and inserting in
lieu thereof the following new subparagraph:
``(B) either--
``(i) resides in an area that is adversely affected (as
determined by the Secretary) by the closure of a health care
facility of the uniformed services as a result of the closure
or realignment of the military installation at which such
facility is located; or
``(ii) can demonstrate to the satisfaction of the Secretary
that the person relied upon a health care facility referred
to in clause (i) before the closure of the facility to obtain
the person's pharmaceuticals.''.
(b) Purchase Fees.--Subsection (d) of such section is
amended--
(1) by inserting ``(1)'' after ``Fees.--''; and
(2) by adding at the end the following new paragraph:
[[Page 1647]]
``(2) In the case of persons eligible to participate in the
demonstration project for pharmaceuticals or the retail
pharmacy network by reason of clause (ii) of subsection
(c)(2)(B), the Secretary of Defense may increase the fees,
charges, and copayments established under paragraph (1)(B)
and otherwise applicable to such persons by an amount
necessary to cover any additional costs incurred by the
administering Secretaries as a result of making
pharmaceuticals available to such persons under this
section.''.
SEC. 707. ONE YEAR CONTINUATION OF FULL CHAMPUS AND
DEPENDENTS' DENTAL PROGRAM BENEFITS FOR
DEPENDENTS OF MEMBERS WHO DIE WHILE ON ACTIVE
DUTY FOR A PERIOD OF MORE THAN 30 DAYS.
(a) Continuation of Section 1079 CHAMPUS Rules.--Subsection
(g) of section 1079 of title 10, United States Code, is
amended by inserting after the first sentence the following
new sentence: ``In addition, when a member dies while on
active duty for a period of more than 30 days, the member's
dependents who are receiving benefits under a plan covered by
subsection (a) shall continue to be eligible for such
benefits during the one-year period beginning on the date of
the death of the member.''.
(b) Continuation of Dependents' Dental Program Benefits.--
Subsection (i) of section 1076a of such title, as added by
section 702(b)(4) and redesignated by section 703(a)(1), is
further amended--
(1) by inserting ``(1)'' after ``Eligible Dependent
Defined.--''; and
(2) by adding at the end the following new paragraph:
``(2) The term includes a dependent described in such
subparagraphs of a member who dies while on active duty for a
period of more than 30 days if the dependent is enrolled on
the date of the death of the member in a dental benefits plan
established under subsection (a), except that the term does
not include the dependent after the end of the one-year
period beginning on the date of the member's death. The
Secretary of Defense may waive (in whole or in part) any
requirements of the plan as the Secretary determines
necessary for the effective administration of the plan for a
dependent covered by this paragraph.''.
(c) Application of Amendments.--The amendments made by
subsections (a) and (b) shall apply with respect to the
dependents described in such amendments of a member of a
uniformed service who dies on or after October 1, 1993, while
on active duty for a period of more than 30 days.
(d) Conforming Repeal.--Section 704 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
107 Stat. 1687) is repealed. The repeal of such section shall
not terminate the special payment rules provided in such
section with respect to any person eligible for such payment
rules on the date of the enactment of this Act.
Subtitle B--Changes to Existing Laws Regarding Health Care Management
SEC. 711. COORDINATION OF BENEFITS WITH MEDICARE.
Section 1086(d) of title 10, United States Code, is amended
by striking out paragraph (3) and inserting in lieu thereof
the following:
``(3)(A) Subject to subparagraph (B), if a person described
in paragraph (2) receives medical or dental care for which
payment may be made under medicare and a plan contracted for
under subsection (a), the amount payable for that care under
the plan shall be the amount of the actual out-of-pocket
costs incurred by the person for that care over the sum of--
``(i) the amount paid for that care under medicare; and
``(ii) the total of all amounts paid or payable by third
party payers other than medicare.
``(B) The amount payable for care under a plan pursuant to
subparagraph (A) may not exceed the total amount that would
be paid under the plan if payment for that care were made
solely under the plan.
``(C) In this paragraph:
``(i) The term `medicare' means title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.).
``(ii) The term `third party payer' has the meaning given
such term in section 1095(h)(1) of this title.''.
SEC. 712. AUTHORITY FOR REIMBURSEMENT OF PROFESSIONAL LICENSE
FEES UNDER RESOURCE SHARING AGREEMENTS.
Section 1096 of title 10, United States Code, is amended by
adding at the end the following:
``(d) Reimbursement for License Fees.--In any case in which
it is necessary for a member of the uniformed services to pay
a professional license fee imposed by a government in order
to provide health care services at a facility of a civilian
health care provider pursuant to an agreement entered into
under subsection (a), the Secretary of Defense may reimburse
the member for up to $500 of the amount of the license fee
paid by the member.''.
SEC. 713. IMPOSITION OF ENROLLMENT FEES FOR MANAGED CARE
PLANS.
Section 1097(c) of title 10, United States Code, is amended
by adding at the end the following new sentence: ``In the
case of contracts for health care services under this section
or health care plans offered under section 1099 of this title
for which the Secretary permits covered beneficiaries who are
covered by section 1086 of this title and who participate in
such contracts or plans to pay an enrollment fee in lieu of
meeting the applicable deductible amount specified in section
1086(b) of this title, the Secretary may establish the same
(or a lower) enrollment fee for covered beneficiaries
described in section 1086(d)(1) of this title who also
participate in such contracts or plans.''.
SEC. 714. STRENGTHENING MANAGED HEALTH CARE AUTHORITIES.
(a) Amendments to Alternative Health Care Delivery
Contracts Authority.--Section 1097 of title 10, United States
Code, is amended--
(1) by redesignating subsection (c) (as amended by section
713) as subsection (e); and
(2) by inserting after subsection (b) the following new
subsections:
``(c) Coordination With Facilities of the Uniformed
Services.--The Secretary of Defense may provide for the
coordination of health care services provided pursuant to any
contract or agreement under this section with those services
provided in medical treatment facilities of the uniformed
services. Subject to the availability of space and facilities
and the capabilities of the medical or dental staff, the
Secretary may not deny access to facilities of the uniformed
services to a covered beneficiary on the basis of whether the
beneficiary enrolled or declined enrollment in any program
established under, or operating in connection with, any
contract under this section. However, the Secretary may, as
an incentive for enrollment, establish reasonable preferences
for services in facilities of the uniformed services for
covered beneficiaries enrolled in any program established
under, or operating in connection with, any contract under
this section.
``(d) Coordination With Other Health Care Programs.--In the
case of a covered beneficiary who is enrolled in a managed
health care program not operated under the authority of this
chapter, the Secretary may contract under this section with
such other managed health care program for the purpose of
coordinating the beneficiary's dual entitlements under such
program and this chapter. A managed health care program with
which arrangements may be made under this subsection includes
any health maintenance organization, competitive medical
plan, health care prepayment plan, or other managed care
program recognized pursuant to regulations issued by the
Secretary.''.
(b) Amendments to Third Party Collections Program
Authority.--Section 1095 of title 10, United States Code, is
amended--
(1) in subsection (b), by striking out ``if that care'' and
all that follows through the period and inserting in lieu
thereof the following: ``shall operate to prevent collection
by the United States under subsection (a) if that care is
provided--
``(1) through a facility of the uniformed services;
``(2) directly or indirectly by a governmental entity;
``(3) to an individual who has no obligation to pay for
that care or for whom no other person has a legal obligation
to pay; or
``(4) by a provider with which the third party payer has no
participation agreement.'';
(2) in subsection (d), by inserting ``and except as
provided in subsection (j),'' after ``(b),'';
(3) in subsection (h)(1), by adding at the end the
following new sentence: ``Such term also includes entities
described in subsection (j) under the terms and to the extent
provided in such subsection.''; and
(4) by adding at the end the following new subsection:
``(j) The Secretary of Defense may enter into an agreement
with any health maintenance organization, competitive medical
plan, health care prepayment plan, or other similar plan
(pursuant to regulations issued by the Secretary) providing
for collection under this section from such organization or
plan for services provided to a covered beneficiary who is an
enrollee in such organization or plan.''.
(c) Condition on Expansion of CHAMPUS Reform Initiative.--
Section 712 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 1073 note) is
amended by striking out subsection (c) and inserting in lieu
thereof the following new subsection:
``(c) Evaluation of Certification.--The Comptroller General
of the United States and the Director of the Congressional
Budget Office shall evaluate each certification made by the
Secretary of Defense under subsection (a) that expansion of
the CHAMPUS reform initiative to another location is the most
efficient method of providing health care to covered
beneficiaries in that location. They shall submit their
findings to Congress if these findings differ substantially
from the findings upon which the Secretary made the decision
to expand the CHAMPUS reform initiative.''.
SEC. 715. DELAY IN DEADLINE FOR USE OF HEALTH MAINTENANCE
ORGANIZATION MODEL AS OPTION FOR MILITARY
HEALTH CARE.
Section 731 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1696; 10
U.S.C. 1073 note) is amended--
(1) in subsection (a), by striking out ``after the date of
the enactment of this Act'' and inserting in lieu thereof
``after December 31, 1994'';
[[Page 1648]]
(2) in subsection (e), by striking out ``February 1, 1994''
and inserting in lieu thereof ``December 31, 1994''; and
(3) by adding at the end the following new subsection (f):
``(f) Modification of Existing Contracts.--In the case of
managed health care contracts in effect or in final stages of
acquisition as of December 31, 1994, the Secretary may modify
such contracts to incorporate the health benefit option
required under subsection (a).''.
SEC. 716. LIMITATION ON REDUCTION IN NUMBER OF RESERVE
COMPONENT MEDICAL PERSONNEL.
Section 518(a) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2407) is
amended--
(1) by inserting before the period at the end the
following: ``, unless the Secretary certifies to Congress
that the number of such personnel to be reduced in a
particular military department is excess to the current and
projected needs for personnel in the Selected Reserve of that
military department''; and
(2) by adding at the end the following new sentence: ``The
assessment of current and projected personnel needs under
this subsection shall be consistent with the wartime
requirements for Selected Reserve personnel identified in the
final report on the comprehensive study of the military
medical care system prepared pursuant to section 733 of the
National Defense Authorization Act for Fiscal Years 1992 and
1993 (Public Law 102-190; 10 U.S.C. 1071 note).''.
SEC. 717. IMPLEMENTATION OF ANNUAL HEALTH CARE SURVEY
REQUIREMENT.
Section 724 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2440; 10
U.S.C. 1071 note) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Exemption.--An annual survey under subsection (a)
shall be treated as not a collection of information for the
purposes for which such term is defined in section 3502(4) of
title 44, United States Code.''.
Subtitle C--Persian Gulf Illness
SEC. 721. PROGRAMS RELATED TO DESERT STORM MYSTERY ILLNESS.
(a) Outreach Program to Persian Gulf Veterans and
Families.--The Secretary of Defense shall institute a
comprehensive outreach program to inform members of the Armed
Forces who served in the Southwest Asia theater of operations
during the Persian Gulf Conflict, and the families of such
members, of illnesses that may result from such service. The
program shall be carried out through both medical and command
channels, as well as any other means the Secretary considers
appropriate. Under the program, the Secretary shall--
(1) inform such individuals regarding--
(A) common disease symptoms reported by Persian Gulf
veterans that may be due to service in the Southwest Asia
theater of operations;
(B) blood donation policy;
(C) available counseling and medical care for such members;
and
(D) possible health risks to children of Persian Gulf
veterans;
(2) inform such individuals of the procedures for
registering in either the Persian Gulf Veterans Health
Surveillance System of the Department of Defense or the
Persian Gulf War Health Registry of the Department of
Veterans Affairs; and
(3) encourage such members to report any symptoms they may
have and to register in the appropriate health surveillance
registry.
(b) Incentives to Persian Gulf Veterans To Register.--In
order to encourage Persian Gulf veterans to register any
symptoms they may have in one of the existing health
registries, the Secretary of Defense shall provide the
following:
(1) For any Persian Gulf veteran who is on active duty and
who registers with the Department of Defense's Persian Gulf
War Veterans Health Surveillance System, a full medical
evaluation and any required medical care.
(2) For any Persian Gulf War veteran who is, as of the date
of the enactment of this Act, a member of a reserve
component, opportunity to register at a military medical
facility in the Persian Gulf Veterans Health Care
Surveillance System and, in the case of a Reserve who
registers in that registry, a full medical evaluation by the
Department of Defense. Depending on the results of the
evaluation and on eligibility status, reserve personnel may
be provided medical care by the Department of Defense.
(3) For a Persian Gulf veteran who is not, as of the date
of the enactment of this Act, on active duty or a member of a
reserve component, assistance and information at a military
medical facility on registering with the Persian Gulf War
Registry of the Department of Veterans Affairs and
information related to support services provided by the
Department of Veterans Affairs.
(c) Compatibility of Department of Defense and Department
of Veterans Affairs Registries.--The Secretary of Defense
shall take appropriate actions to ensure--
(1) that the data collected by and the testing protocols of
the Persian Gulf War Health Surveillance System maintained by
the Department of Defense are compatible with the data
collected by and the testing protocols of the Persian Gulf
War Veterans Health Registry maintained by the Department of
Veterans Affairs; and
(2) that all information on individuals who register with
the Department of Defense for purposes of the Persian Gulf
War Health Surveillance System is provided to the Secretary
of Veterans Affairs for incorporation into the Persian Gulf
War Veterans Health Registry.
(d) Presumptions on Behalf of Service Member.--(1) A member
of the Armed Forces who is a Persian Gulf veteran, who has
symptoms of illness, and who the Secretary concerned finds
may have become ill as a result of serving on active duty in
the Southwest Asia theater of operations during the Persian
Gulf War shall be considered for Department of Defense
purposes to have become ill as a result of serving in that
theater of operations.
(2) A member of the Armed Forces who is a Persian Gulf
veteran and who reports being ill as a result of serving on
active duty in the Southwest Asia theater of operations
during the Persian Gulf War shall be considered for
Department of Defense purposes to have become ill as a result
of serving in that theater of operations until such time as
the weight of medical evidence establishes other cause or
causes of the member's illness.
(3) The Secretary concerned shall ensure that, for the
purposes of health care treatment by the Department of
Defense, health care and personnel administration, and
disability evaluation by the Department of Defense, the
symptoms of any member of the Armed Forces covered by
paragraph (1) or (2) are examined in light of the member's
service in the Persian Gulf War and in light of the reported
symptoms of other Persian Gulf veterans. The Secretary shall
ensure that, in providing health care diagnosis and treatment
of the member, a broad range of potential causes of the
member's symptoms are considered and that the member's
symptoms are considered collectively, as well as by type of
symptom or medical specialty, and
that treatment across medical specialties is coordinated
appropriately.
(4) The Secretary of Defense shall ensure that the
presumptions of service connection and illness specified in
paragraphs (1) and (2) are incorporated in appropriate
service medical and personnel regulations and are widely
disseminated throughout the Department of Defense.
(e) Revision of the Physical Evaluation Board Criteria.--
(1) The Secretary of Defense, in consultation with the
Secretary of Veterans Affairs and the Secretary of Health and
Human Services, shall ensure that case definitions of Persian
Gulf related illnesses, as well as the Physical Evaluation
Board criteria used to set disability ratings for members no
longer medically qualified for continuation on active duty,
are established as soon as possible to permit accurate
disability ratings related to a diagnosis of Persian Gulf
illnesses.
(2) Until revised disability criteria can be implemented
and members of the Armed Forces can be rated against those
criteria, the Secretary of Defense shall ensure--
(A) that any member of the Armed Forces on active duty who
may be suffering from a Persian Gulf-related illness is
afforded continued military medical care; and
(B) that any member of the Armed Forces on active duty who
is found by a Physical Evaluation Board to be unfit for
continuation on active duty as a result of a Persian Gulf-
related illness for which the board has no rating criteria
(or inadequate rating criteria) for the illness or condition
from which the member suffers is placed on the temporary
disability retired list.
(f) Review of Records and Rerating of Previously Discharged
Gulf War Veterans.--(1) The Secretary of Defense, in
consultation with the Secretary of Veterans Affairs, shall
ensure that a review is made of the health and personnel
records of each Persian Gulf veteran who before the date of
the enactment of this Act was discharged from active duty, or
was medically retired, as a result of a Physical Evaluation
Board process.
(2) The review under paragraph (1) shall be carried out to
ensure that former Persian Gulf veterans who may have been
suffering from a Persian Gulf-related illness at the time of
discharge or retirement from active duty as a result of the
Physical Evaluation Board process are revaluated in
accordance with the criteria established under subsection
(e)(1) and, if appropriate, are rerated.
(g) Persian Gulf Illness Medical Referral Centers.--The
Secretary of Defense shall evaluate the feasibility of
establishing one or more medical referral centers to provide
uniform, coordinated medical care for Persian Gulf veterans
on active duty who are or may be suffering from a Persian
Gulf-related illness. The Secretary shall submit a report on
such feasibility to the Committees on Armed Services of the
Senate and House of Representatives not later than six months
after the date of the enactment of this Act.
(h) Annual Report to Congress.--(1) The Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and House of Representatives an annual report on--
(A) efforts taken and results achieved in notifying members
of the Armed Forces and their families as part of the
outreach program required by subsection (a);
(B) efforts taken to revise the Physical Evaluation Board
disability rating criteria and interim efforts to adjudicate
cases before the revision of the criteria; and
(C) results of the review and rerating of previously
separated servicemembers.
(2) The first report under paragraph (1) shall be submitted
not later than 120 days after the date of the enactment of
this Act.
[[Page 1649]]
(i) Persian Gulf Veteran.--For purposes of this section, a
Persian Gulf veteran is an individual who served on active
duty in the Armed Forces in the Southwest Asia theater of
operations during the Persian Gulf Conflict.
SEC. 722. STUDIES OF HEALTH CONSEQUENCES OF MILITARY SERVICE
OR EMPLOYMENT IN SOUTHWEST ASIA DURING THE
PERSIAN GULF WAR.
(a) In General.--The Secretary of Defense, in coordination
with the Secretary of Veterans Affairs and the Secretary of
Health and Human Services, shall conduct studies and
administer grants for studies to determine--
(1) the nature and causes of illnesses suffered by
individuals as a consequence of service or employment by the
United States in the Southwest Asia theater of operations
during the Persian Gulf War; and
(2) the appropriate treatment for those illnesses.
(b) Nature of the Studies.--(1) Studies under subsection
(a)--
(A) shall include consideration of the range of potential
exposure of individuals to environmental, battlefield, and
other conditions incident to service in the theater;
(B) shall be conducted so as to provide assessments of both
short-term and long-term affects to the health of individuals
as a result of those exposures; and
(C) shall include, at a minimum, the following types of
studies:
(i) An epidemiological study or studies on the incidence,
prevalence, and nature of the illness and symptoms and the
risk factors associated with symptoms or illnesses.
(ii) Studies to determine the health consequences of the
use of pyridostigmine bromide as a pretreatment antidote
enhancer during the Persian Gulf War, alone or in combination
with exposure to pesticides, environmental toxins, and other
hazardous substances.
(iii) Clinical research and other studies on the causes,
possible transmission, and treatment of Persian Gulf-related
illnesses.
(2)(A) The first project carried out under paragraph
(1)(C)(ii) shall be a retrospective study of members of the
Armed Forces who served in the Southwest Asia theater of
operations during the Persian Gulf War.
(B) The second project carried out under paragraph
(1)(C)(ii) shall consist of animal research and nonanimal
research, including in vitro systems, as required, designed
to determine whether the use of pyridostigmine bromide in
combination with exposure to pesticides or other
organophosphates, carbamates, or relevant chemicals will
result in increased toxicity in animals and is likely to have
a similar effect on humans.
(c) Individuals Covered by the Studies.--Studies conducted
pursuant to subsections (a) shall apply to the following
individuals:
(1) Individuals who served as members of the Armed Forces
in the Southwest Asia theater of operations during the
Persian Gulf War.
(2) Individuals who were civilian employees of the
Department of Defense in that theater during that period.
(3) To the extent appropriate, individuals who were
employees of contractors of the Department of Defense in that
theater during that period.
(4) To the extent appropriate, the spouses and children of
individuals described in paragraph (1).
(d) Plan for the Studies.--(1) The Secretary of Defense
shall prepare a coordinated plan for the studies to be
conducted pursuant to subsection (a). The plan shall include
plans and requirements for research grants in support of the
studies. The Secretary shall submit the plan to the National
Academy of Sciences for review and comment.
(2) The plan for studies pursuant to subsection (a) shall
be updated annually. The Secretary of Defense shall request
an annual review by the National Academy of Science of the
updated plan and study progress and results achieved during
the preceding year.
(3) The plan, and annual updates to the plan, shall be
prepared in coordination with the Secretary of Veterans
Affairs and the Secretary of Health and Human Services.
(e) Funding.--(1) From the amount authorized to be
appropriated pursuant to section 201 for Defense-wide
activities, the Secretary of Defense shall make available
such funds as the Secretary considers necessary to support
the studies conducted pursuant to subsection (a).
(2) For each year in which activities continue in support
of the studies conducted pursuant to subsection (a), the
Secretary of Defense shall include in the budget request for
the Department of Defense a request for such funds as the
Secretary determines necessary to continue the activities
during that fiscal year.
(f) Reports.--(1) Not later than March 31, 1995, the
Secretary of Defense shall submit to Congress the coordinated
plan for the studies to be conducted pursuant to subsection
(a) and the results of the review of that plan by the
National Academy of Sciences.
(2) Not later than October 1 of each year through 1998, the
Secretary shall submit to Congress a report on the results of
the studies conducted pursuant to subsection (a), plans for
continuation of the studies, and the results of the annual
review of the studies by the National Academy of Sciences.
(3) Each report under this section shall be prepared in
coordination with the Secretary of Veterans Affairs and the
Secretary of Health and Human Services.
(g) Definition.--In this section, the term ``Persian Gulf
War'' has the meaning given such term in section 101 of title
38, United States Code.
Subtitle D--Other Matters
SEC. 731. CHIROPRACTIC HEALTH CARE DEMONSTRATION PROGRAM.
(a) Requirement for Program.--(1) Not later than 120 days
after the date of enactment of this Act, the Secretary of
Defense shall develop and carry out a demonstration program
to evaluate the feasibility and advisability of furnishing
chiropractic care through the medical care facilities of the
Armed Forces. The Secretary of Defense shall develop and
carry out the program in consultation with the Secretaries of
the military departments.
(2) In carrying out the program, the Secretary of Defense
shall--
(A) subject to paragraph (3), designate not less than 10
major military medical treatment facilities of the Department
of Defense to furnish chiropractic care under the program;
and
(B) enter into agreements with such number of chiropractors
as the Secretary determines sufficient for the purposes of
the program to furnish chiropractic care at such facilities
under the program.
(3) The Secretary may not designate under paragraph (2) any
treatment facility that is located on a military installation
scheduled for closure or realignment under a base closure
law.
(b) Program Period.--The Secretary shall carry out the
demonstration program in fiscal years 1995 through 1997.
(c) Reporting Requirements.--(1) Not later than January 30,
1995, the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report on the demonstration program. The
report shall--
(A) identify the treatment facilities designated pursuant
to subsection (a)(2)(A); and
(B) include a discussion of the plan for the conduct of the
program.
(2) Not later than May 1, 1995, the Secretary of Defense
shall submit to the committees referred to in paragraph (1) a
plan for evaluating the program, including a schedule for
conducting progress reviews and for submitting a final report
to the committees.
(3) The Secretary shall submit to the committees referred
to in paragraph (1) a final report in accordance with the
plan submitted to such committees pursuant to paragraph (2).
(d) Oversight Advisory Committee.--(1) Not later than 30
days after the date of the enactment of this Act, the
Secretary of Defense shall establish an oversight advisory
committee to assist and advise the Secretary with regard to
the development and conduct of the demonstration program.
(2) The oversight advisory committee shall include the
following members:
(A) The Comptroller General of the United States, or the
designee of such person from within the General Accounting
Office.
(B) The Assistant Secretary of Defense for Health Affairs,
or the designee of such person.
(C) The Surgeons General of the Army, the Air Force, and
the Navy, or the designees of such persons.
(D) No fewer than four independent representatives of the
chiropractic health care profession, appointed by the
Secretary of Defense.
(3) The oversight advisory committee shall assist the
Secretary of Defense regarding--
(A) issues involving the professional credentials of the
chiropractors participating in the program;
(B) the granting of professional practice privileges for
the chiropractors at the treatment facilities participating
in the program;
(C) the preparation of the reports required under
subsection (c); and
(D) the evaluation of the program.
(4) The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the oversight advisory committee.
(e) Definition.--For purposes of this section, the term
``base closure law'' means each of the following:
(1) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note).
(2) Title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note).
(3) Section 2687 of title 10, United States Code.
SEC. 732. DEMONSTRATION PROGRAM FOR ADMISSION OF CIVILIANS AS
PHYSICIAN ASSISTANT STUDENTS AT ACADEMY OF
HEALTH SCIENCES, FORT SAM HOUSTON, TEXAS.
(a) Civilian Attendance.--The Secretary of the Army may
enter into a reciprocal agreement with an accredited
institution of higher education under which students of the
institution may attend the didactic portion of the physician
assistant training program conducted by the Army Medical
Department at the Academy of Health Sciences at Fort Sam
Houston, Texas, in exchange for the provision of such
academic services by the institution as the Secretary and the
institution consider to be appropriate to support the
physician assistant training program. The Secretary shall
ensure that the Army Medical Department does not incur any
additional costs as a result of the agreement than the
Department would incur to obtain academic services for the
physician assistant training program in the absence of the
agreement.
(b) Selection of Students.--(1) Subject to paragraph (2),
not more than 20 civilian students per year may receive
instruction at the Academy pursuant to the agreement
[[Page 1650]]
under subsection (a). In consultation with the institution of
higher education that is a party to the agreement, the
Secretary shall establish qualifications and methods of
selection for civilian students to receive instruction at the
Academy. The qualifications established shall be comparable
to those generally required for admission to the physician
assistant training program at the Academy.
(2) The Secretary shall ensure that members of the Armed
Forces are not denied enrollment in the physician assistant
training program in order to permit the attendance of
civilian students. The maximum annual enrollment for the
program may not be increased solely for the purpose of
permitting civilian students to attend the program.
(c) Rules of Attendance.--Except as the Secretary
determines necessary, a civilian student who receives
instruction at the Academy pursuant to the agreement under
subsection (a) shall be subject to the same regulations
governing attendance, discipline, discharge, and dismissal as
apply to military students attending the Academy.
(d) Term and Termination of Agreement.--The term of the
agreement entered into under subsection (a) may not extend
beyond September 30, 1997. Either party to the agreement may
terminate the agreement at any time before that date.
(e) Report.--For each year in which the agreement under
subsection (a) is in effect, the Secretary shall submit to
Congress a report specifying the number of civilian students
who received instruction at the Academy under the agreement
during the period covered by the report and accessing the
benefits to the United States of the agreement.
(f) Academy Defined.--For purposes of this section, the
term ``Academy'' means the Academy of Health Sciences of the
Army Medical Department at Fort Sam Houston, Texas.
SEC. 733. DELAY IN CLOSURE OF ARMY HOSPITAL AT VICENZA,
ITALY.
(a) Closure Delay.--During fiscal year 1995, the Secretary
of the Army may not reduce the level of medical care services
provided by the United States Army Hospital at Vicenza,
Italy.
(b) Report on Hospital.--Not later than March 1, 1995, the
Secretary of Defense shall submit to Congress a report
regarding the operation of the Army Hospital at Vicenza,
Italy. The report shall contain the following:
(1) A description of the number and demographic
characteristics of members of the Armed Forces on active duty
and covered beneficiaries under chapter 55 of title 10,
United States Code, who typically receive medical care
services at the hospital, including those members and covered
beneficiaries stationed or residing at (or in the immediate
vicinity of) Aviano Air Force Base and Camp Darby.
(2) An analysis of the projected costs or savings,
including the cost of CHAMPUS benefits, resulting from the
programmed closure of the hospital.
(3) A description of the differences in practice patterns
between American and Italian doctors, such as differences in
the normal lengths of stay for the most frequent inpatient
admissions (including childbirth) and the availability of
alternative methods of providing anesthesia during
childbirth.
(4) An analysis of the feasibility of establishing a
birthing center for the area and patients currently served by
the hospital, to be staffed primarily by American nurse-
midwives.
(5) A detailed plan for ensuring the availability of
quality medical care, consistent with American medical
practice patterns, for covered beneficiaries residing in
Northern Italy.
SEC. 734. ORAL TYPHOID VACCINE INVENTORY OF DEPARTMENT OF
DEFENSE.
(a) Number of Doses for Inventory.--The Secretary of
Defense shall direct that the number of doses of oral typhoid
vaccine purchased for inventory by the Department of Defense
during a fiscal year be not less than the number of doses of
parenteral injection typhoid vaccine purchased for inventory
by the Department during that fiscal year.
(b) Waiver.--The Secretary of Defense may waive the
applicability of subsection (a) for a fiscal year if the
Secretary determines that the waiver is necessary for medical
reasons and notifies Congress of the reasons for the waiver.
SEC. 735. REPORT ON EXPANDED USE OF NONAVAILABILITY OF HEALTH
CARE STATEMENTS.
(a) Report Required.--Not later than December 31, 1994, the
Secretary of Defense shall submit to Congress a report
describing the plans (if any) of the Department of Defense to
use the authority provided in sections 1080(b) and 1086(e) of
title 10, United States Code, for making determinations
whether or not to issue a nonavailability of health care
statement. The report shall include an analysis of the
effects of such plans on--
(1) the freedom of choice of covered beneficiaries in
selecting health care providers;
(2) the access of covered beneficiaries to health care
services;
(3) the quality and continuity of health care services;
(4) the clarity and understandability of the applicable
requirements regarding issuance nonavailability of health
care statements; and
(5) the health care costs incurred by the Federal
Government and covered beneficiaries.
(b) Use of Authority.--During the period beginning on the
date of the enactment of this Act and ending 90 days after
the date on which the Secretary submits the report required
by subsection (a), the Secretary may not--
(1) expand the number or size of the geographical areas in
which the Secretary is currently using the authority provided
by sections 1080(b) and 1086(e) of title 10, United States
Code; or
(2) implement or use such authority in a manner
inconsistent with the manner in which such authority was
implemented or used as of February 1, 1994.
SEC. 736. COST ANALYSIS OF TIDEWATER TRICARE DELIVERY OF
PEDIATRIC HEALTH CARE TO MILITARY FAMILIES.
(a) Cost Analysis Required.--Not later than October 1,
1995, the Assistant Secretary of Defense (Health Affairs)
shall determine the amount of the expenditures made by the
Department of Defense for pediatric care for each of fiscal
years 1992, 1993, and 1994 under the program for delivery of
health care services in the Tidewater region of Virginia
carried out pursuant to section 712(b) of the National
Defense Authorization Act for Fiscal Years 1992 and 1993
(Public Law 102-190; 105 Stat. 1402). The Assistant Secretary
shall determine the total amount of such expenditures and the
amount of such expenditures for each case.
(b) Use of Analysis.--In evaluating changes to the
pediatric care furnished by the Department of Defense
(including that pediatric care furnished under the Civilian
Health and Medical Program of the Uniformed Services) in the
Tidewater region of Virginia, the Assistant Secretary may
consider the amounts determined under subsection (a) in
determining the appropriate standards, limitations, and
requirements to apply to the cost of pediatric care under the
system.
SEC. 737. STUDY AND REPORT ON FINANCIAL RELIEF FOR CERTAIN
MEDICARE-ELIGIBLE MILITARY RETIREES WHO INCUR
MEDICARE LATE ENROLLMENT PENALTIES.
(a) Study.--The Secretary of Defense, in consultation with
the Secretary of Health and Human Services, shall conduct a
study regarding possible financial relief from late
enrollment penalties for military retirees and dependents of
such retirees who--
(1) reside within the service area (or former service area)
of a military installation closed or approved for closure
under a base closure law; and
(2) have failed to enroll in a timely manner in medicare
part B due to reliance upon the military treatment facility
located at such installation.
(b) Report.--Not later than March 31, 1995, the Secretary
of Defense shall submit to Congress a report containing the
results of the study required under subsection (a). The
report shall also contain the following:
(1) For each military installation studied, the number of
military retirees within both a 40 mile and 65 mile catchment
area who have failed to enroll in medicare part B and are
subjected to late enrollment penalties.
(2) A determination of the estimated aggregate amount of
the penalties in terms of each military installation studied.
(3) A description of the characteristics of the population
that are subject to the penalties, such as age and income
level.
(4) An examination of the appropriateness of waiving the
penalties.
(5) A description of the Department of Defense funds that
should be used to pay the penalties if waiver of the
penalties is not recommended.
(6) A proposed program for a special medicare part B
enrollment period for affected retirees living near military
installations already closed or which are designated for
closure in the future.
(7) Legislative recommendations for implementing a program
which removes the financial burden from the medicare-eligible
beneficiaries who have been or will be adversely impacted by
the closure of a military installation.
(c) Definitions.--For purposes of this section:
(1) The term ``base closure law'' means the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) and title II of the
Defense Authorization Amendments and Base Closure and
Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).
(2) The term ``medicare part B'' means the public health
insurance program under part B of title XVIII of the Social
Security Act.
(3) The term ``military treatment facility'' means a
facility of a uniformed service referred to in section
1074(a) of title 10, United States Code, in which health care
is provided.
SEC. 738. SENSE OF CONGRESS ON CONTINUITY OF HEALTH CARE
SERVICES FOR COVERED BENEFICIARIES IN AREAS
AFFECTED BY BASE CLOSURES.
(a) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense should take all appropriate steps,
including a limited continuation of services for managed
health care currently provided to covered beneficiaries
described in subsection (b) who are eligible for such
services, to ensure the continuity of health care services
for such beneficiaries during the procurement, transition,
and initial implementation phases of a TRICARE managed care
support contract for Health Services Regions of the Military
Health Services System of Department of Defense.
(b) Covered Beneficiaries Described.--The covered
beneficiaries referred to in sub-
[[Page 1651]]
section (a) are covered beneficiaries under chapter 55,
United States Code, who reside in areas adversely affected by
the closure of a military installation under a base closure
law (as defined in section 737(c)(1)).
(c) TRICARE Defined.--For purposes of this section, the
term ``TRICARE'' means the managed health care program that
is established by the Secretary of Defense under the
authority of chapter 55 of title 10, United States Code,
principally section 1097 of such title, and includes the
competitive selection of contractors to financially
underwrite the delivery of health care services under the
Civilian Health and Medical Program of the Uniformed
Services.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Assistance Programs
SEC. 801. PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS.
(a) Funding.--Of the amount authorized to be appropriated
under section 301(5), $12,000,000 shall be available for
carrying out the provisions of chapter 142 of title 10,
United States Code.
(b) Specific Programs.--Of the amounts made available
pursuant to subsection (a), $600,000 shall be available for
fiscal year 1995 for the purpose of carrying out programs
sponsored by eligible entities referred to in subparagraph
(D) of section 2411(1) of title 10, United States Code, that
provide procurement technical assistance in distressed areas
referred to in subparagraph (B) of section 2411(2) of such
title. If there is an insufficient number of satisfactory
proposals for cooperative agreements in such distressed areas
to allow effective use of the funds made available in
accordance with this subsection in such areas, the funds
shall be allocated among the Defense Contract Administration
Services regions in accordance with section 2415 of such
title.
SEC. 802. PILOT MENTOR-PROTEGE PROGRAM.
Of the amounts authorized to be appropriated for fiscal
year 1995 by title I of this Act, $50,000,000 shall be
available for conducting the pilot Mentor-Protege Program
established pursuant to section 831 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510;
10 U.S.C. 2301 note).
SEC. 803. INFRASTRUCTURE ASSISTANCE FOR HISTORICALLY BLACK
COLLEGES AND OTHER MINORITY INSTITUTIONS OF
HIGHER EDUCATION.
Of the amounts authorized to be appropriated for fiscal
year 1995 by section 201, $25,000,000 shall be available for
such fiscal year for infrastructure assistance to
historically Black colleges and universities and minority
institutions under section 2323(c)(3) of title 10, United
States Code.
SEC. 804. TREATMENT UNDER SUBCONTRACTING PLANS OF PURCHASES
FROM QUALIFIED NONPROFIT AGENCIES FOR THE BLIND
OR SEVERELY DISABLED.
Section 2410d of title 10, United States Code, relating to
credit under small business subcontracting plans for certain
purchases, is amended--
(1) in subsection (b)--
(A) in paragraph (2)--
(i) by striking out ``and'' at the end of subparagraph (A);
(ii) by striking out the period at the end of subparagraph
(B) and inserting in lieu thereof ``; and''; and
(iii) by adding at the end the following new subparagraph:
``(C) a central nonprofit agency designated by the
Committee for Purchase from People Who Are Blind or Severely
Disabled under section 2(c) of such Act (41 U.S.C. 47(c).'';
(B) by striking out paragraph (3); and
(C) by redesignating paragraph (4) as paragraph (3); and
(2) in subsection (c), by striking out ``September 30,
1994'' and inserting in lieu thereof ``September 30, 1997''.
Subtitle B--Other Matters
SEC. 811. DELEGATION OF INDUSTRIAL MOBILIZATION AUTHORITY.
Section 2538 of title 10, United States Code, is amended--
(1) by striking out ``through the Secretary of Defense''
each place it appears in subsections (a), (c), and (d) and
inserting in lieu thereof ``through the head of any
department''; and
(2) in subsection (c)--
(A) by striking out ``in the opinion of the Secretary of
Defense'' in the matter preceding paragraph (1) and inserting
in lieu thereof ``in the opinion of the head of that
department''; and
(B) by striking out ``Secretary'' each place it appears in
paragraphs (2) and (3) and inserting in lieu thereof ``head
of such department''.
SEC. 812. DETERMINATIONS OF PUBLIC INTEREST UNDER THE BUY
AMERICAN ACT.
(a) Considerations.--Section 2533 of title 10, United
States Code, is amended--
(1) by striking out subsections (a) and (b) and inserting
in lieu thereof the following:
``(a) In determining under section 2 of title III of the
Act of March 3, 1993 (41 U.S.C. 10a), popularly known as the
`Buy American Act', whether application of title III of such
Act is inconsistent with the public interest, the Secretary
of Defense shall consider the following:
``(1) The bids or proposals of small business firms in the
United States which have offered to furnish American goods.
``(2) The bids or proposals of all other firms in the
United States which have offered to furnish American goods.
``(3) The United States balance of payments.
``(4) The cost of shipping goods which are other than
American goods.
``(5) Any duty, tariff, or surcharge which may enter into
the cost of using goods which are other than American goods.
``(6) A need to ensure that the Department of Defense has
access to advanced, state-of-the-art commercial technology.
``(7) The need to protect the national technology and
industrial base, to preserve and enhance the national
technology employment base, and to provide for a defense
mobilization base.
``(8) A need to ensure that application of different rules
of origin for United States end items and foreign end items
does not result in an award to a firm other than a firm
providing a product produced in the United States.
``(9) Any need--
``(A) to maintain the same source of supply for spare and
replacement parts for an end item that qualifies as an
American good; or
``(B) to maintain the same source of supply for spare and
replacement parts in order not to impair integration of the
military and commercial industrial base.
``(10) The national security interests of the United
States.''; and
(2) by redesignating subsection (c) as subsection (b).
(b) Conforming and Clerical Amendments.--(1) The heading of
section 2533 of such title is amended to read as follows:
``Sec. 2533. Determinations of public interest under the Buy
American Act''.
(2) The item relating to such section in the table of
sections at the beginning of subchapter V of chapter 148 of
such title is amended to read as follows:
``2533. Determinations of public interest under the Buy American
Act.''.
SEC. 813. CONTINUATION OF EXPIRING REQUIREMENT FOR ANNUAL
REPORT ON THE USE OF COMPETITIVE PROCEDURES FOR
AWARDING CERTAIN CONTRACTS TO COLLEGES AND
UNIVERSITIES.
Section 2361 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(c)(1) The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives an annual report on the use of competitive
procedures for the award of research and development
contracts, and the award of construction contracts, to
colleges and universities. Each such report shall include--
``(A) a list of each college and university that, during
the period covered by the report, received more than
$1,000,000 in such contracts through the use of procedures
other than competitive procedures; and
``(B) the cumulative amount of such contracts received
during that period by each such college and university.
``(2) Each report under paragraph (1) shall cover the
preceding calendar year and shall be submitted not later than
February 1 of the year after the year covered by the
report.''.
SEC. 814. CONSOLIDATION AND REVISION OF LIMITATIONS ON
PROCUREMENT OF GOODS OTHER THAN AMERICAN GOODS.
The text of section 2534 of title 10, United States Code,
is amended to read as follows:
``(a) Limitation on Certain Procurements.--The Secretary of
Defense may procure any of the following items only if the
manufacturer of the item satisfies the requirements of
subsection (b):
``(1) Buses.--Multipassenger motor vehicles (buses).
``(2) Chemical weapons antidote.--Chemical weapons antidote
contained in automatic injectors (and components for such
injectors)
``(3) Air circuit breakers.--Air circuit breakers for naval
vessels.
``(4) Valves and machine tools.--Items in the following
categories:
``(A) Powered and non-powered valves in Federal Supply
Classes 4810 and 4820 used in piping for naval surface ships
and submarines.
``(B) Machine tools in the Federal Supply Classes for
metal-working machinery numbered 3405, 3408, 3410 through
3419, 3426, 3433, 3438, 3441 through 3443, 3445, 3446, 3448,
3449, 3460, and 3461.
``(5) Ball bearings and roller bearings.--Ball bearings and
roller bearings, in accordance with subpart 225.71 of part
225 of the Defense Federal Acquisition Regulation Supplement,
as in effect on October 23, 1992.
``(b) Manufacturer in the National Technology and
Industrial Base.--
``(1) General requirement.--A manufacturer meets the
requirements of this subsection if the manufacturer is part
of the national technology and industrial base.
``(2) Manufacturers of chemical weapons antidote.--In the
case of a procurement of chemical weapons antidote referred
to in subsection (a)(2), a manufacturer meets the
requirements of this subsection only if the manufacturer--
``(A) meets the requirement set forth in paragraph (1);
``(B) is an existing producer under the industrial
preparedness program at the time the contract is awarded;
``(C) has received all required regulatory approvals; and
``(D) when the contract for the procurement is awarded, has
in existence in the national technology and industrial base
the plant, equipment, and personnel necessary to perform the
contract.
``(c) Applicability to certain items.--
[[Page 1652]]
``(1) Air circuit breakers.--Subsection (a) does not apply
to a procurement of spares or repair parts needed to support
air circuit breakers produced or manufactured outside the
United States.
``(2) Valves and machine tools.--(A) Contracts to which
subsection (a) applies include the following contracts for
the procurement of items described in paragraph (4) of such
subsection:
``(i) A contract for procurement of such an item for use in
property under the control of the Department of Defense,
including any Government-owned, contractor-operated facility.
``(ii) A contract that is entered into by a contractor on
behalf of the Department of Defense for the purpose of
providing such an item to another contractor as Government-
furnished equipment.
``(B) In any case in which a contract for items described
in subsection (a)(4) includes the procurement of more than
one Federal Supply Class of machine tools or machine tools
and accessories, each supply class shall be evaluated
separately for purposes of determining whether the limitation
in subsection (a) applies.
``(C) Subsection (a)(4) and this paragraph shall cease to
be effective on October 1, 1996.
``(3) Ball bearings and roller bearings.--Subsection (a)(5)
and this paragraph shall cease to be effective on October 1,
1995.
``(d) Waiver Authority.--The Secretary of Defense may waive
the limitation in subsection (a) with respect to the
procurement of an item listed in that subsection if the
Secretary determines that any of the following apply:
``(1) Application of the limitation would cause
unreasonable costs or delays to be incurred.
``(2) United States producers of the item would not be
jeopardized by competition from a foreign country, and that
country does not discriminate against defense items produced
in the United States to a greater degree than the United
States discriminates against defense items produced in that
country.
``(3) Application of the limitation would impede
cooperative programs entered into between the Department of
Defense and a foreign country, and that country does not
discriminate against defense items produced in the United
States to a greater degree than the United States
discriminates against defense items produced in that country.
``(4) Satisfactory quality items manufactured by an entity
that is part of the national technology and industrial base
(as defined in section 2491(1) of this title) are not
available.
``(5) Application of the limitation would result in the
existence of only one source for the item that is an entity
that is part of the national technology and industrial base
(as defined in section 2491(1) of this title).
``(6) The procurement is for an amount less than the
simplified acquisition threshold and simplified purchase
procedures are being used.
``(7) Application of the limitation is not in the national
security interests of the United States.
``(8) Application of the limitation would adversely affect
a United States company.
``(e) Sonobuoys.--
``(1) Limitation.--The Secretary of Defense may not procure
a sonobuoy manufactured in a foreign country if United States
firms that manufacture sonobuoys are not permitted to compete
on an equal basis with foreign manufacturing firms for the
sale of sonobuoys in that foreign country.
``(2) Waiver authority.--The Secretary may waive the
limitation in paragraph (1) with respect to a particular
procurement of sonobuoys if the Secretary determines that
such procurement is in the national security interests of the
United States.
``(3) Definition.--In this subsection, the term `United
States firm' has the meaning given such term in section
2532(d)(1) of this title.
``(f) Principle of Construction With Future Laws.--A
provision of law may not be construed as modifying or
superseding the provisions of this section, or as requiring
funds to be limited, or made available, by the Secretary of
Defense to a particular domestic source by contract, unless
that provision of law--
``(1) specifically refers to this section;
``(2) specifically states that such provision of law
modifies or supersedes the provisions of this section; and
``(3) specifically identifies the particular domestic
source involved and states that the contract to be awarded
pursuant to such provision of law is being awarded in
contravention of this section.''.
SEC. 815. ENVIRONMENTAL CONSEQUENCE ANALYSIS OF MAJOR DEFENSE
ACQUISITION PROGRAMS.
(a) Guidance.--Before April 1, 1995, the Secretary of
Defense shall issue guidance, to apply uniformly throughout
the Department of Defense, regarding--
(1) how to achieve the purposes and intent of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by
ensuring timely compliance for major defense acquisition
programs (as defined in section 2430 of title 10, United
States Code) through (A) initiation of compliance efforts
before development begins, (B) appropriate environmental
impact analysis in support of each milestone decision, and
(C) accounting for all direct, indirect, and cumulative
environmental effects before proceeding toward production;
and
(2) how to analyze, as early in the process as feasible,
the life-cycle environmental costs for such major defense
acquisition programs, including the materials to be used, the
mode of operations and maintenance, requirements for
demilitarization, and methods of disposal, after
consideration of all pollution prevention opportunities and
in light of all environmental mitigation measures to which
the department expressly commits.
(b) Analysis.--Beginning not later than March 31, 1995, the
Secretary of Defense shall analyze the environmental costs of
a major defense acquisition process as an integral part of
the life-cycle cost analysis of the program pursuant to the
guidance issued under subsection (a).
(c) Data Base for NEPA Documentation.--The Secretary of
Defense shall establish and maintain a data base for
documents prepared by the Department of Defense in complying
with the National Environmental Policy Act of 1969 with
respect to major defense acquisition programs. Any such
document relating to a major defense acquisition program
shall be maintained in the data base for 5 years after
commencement of low-rate initial production of the program.
SEC. 816. DEMONSTRATION PROJECT ON PURCHASE OF FIRE,
SECURITY, POLICE, PUBLIC WORKS, AND UTILITY
SERVICES FROM LOCAL GOVERNMENT AGENCIES.
(a) Demonstration Project.--The Secretary of Defense may
conduct a demonstration project, beginning October 1, 1994,
at Monterey, California, under which any fire-fighting,
security-guard, police, public works, utility, or other
municipal services needed for operation of any Department of
Defense asset in Monterey County, California, may be
purchased from government agencies located within the county
of Monterey. The purchase of such services for the
demonstration project may be made notwithstanding section
2465 of title 10, United States Code.
(b) Evaluation of Project.--Not later than December 31,
1996, the Secretary of Defense shall submit to Congress a
report evaluating the results of the project and making any
recommendations the Secretary considers appropriate,
including recommendations on whether the purchase authorities
used in conducting the project could be used to provide
similar services at other locations.
SEC. 817. PREFERENCE FOR LOCAL RESIDENTS.
(a) Preference Allowed.--In entering into contracts with
private entities for services to be performed at a military
installation that is affected by closure or alignment under a
base closure law, the Secretary of Defense may give
preference, consistent with Federal, State, and local laws
and regulations, to entities that plan to hire, to the
maximum extent practicable, residents of the vicinity of such
military installation to perform such contracts. Contracts
for which the preference may be given include contracts to
carry out environmental restoration activities or
construction work at such military installations. Any such
preference may be given for a contract only if the services
to be performed under the contract at the military
installation concerned can be carried out in a manner that is
consistent with all other actions at the installation that
the Secretary is legally required to undertake.
(b) Definition.--In this section, the term ``base closure
law'' means the following:
(1) The provisions of title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law
100-526; 10 U.S.C. 2687 note).
(2) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note).
(c) Applicability.--Any preference given under subsection
(a) shall apply only with respect to contracts entered into
after the date of the enactment of this Act.
(d) Termination.--This section shall cease to be effective
on September 30, 1997.
SEC. 818. PAYMENT OF RESTRUCTURING COSTS UNDER DEFENSE
CONTRACTS.
(a) Certification of Cost Savings.--(1) The Secretary of
Defense may not, under section 2324 of title 10, United
States Code, pay restructuring costs associated with a
business combination undertaken by a defense contractor until
the Department of Defense reviews the projected costs and
savings that will result for the Department from such
business combination and an official of the Department of
Defense at the level of Assistant Secretary of Defense or
above certifies in writing that projections of future cost
savings resulting for the Department from the business
combination are based on audited cost data and should result
in overall reduced costs to the Department.
(2) The requirements for a review and certification under
paragraph (1) shall not apply with respect to any business
combination for which restructuring costs were paid or
otherwise approved by the Secretary before August 15, 1994.
(b) Requirement for Regulations.--Not later than January 1,
1995, the Secretary of Defense shall prescribe regulations on
the allowability of restructuring costs associated with
business combinations under defense contracts.
(c) Matters To Be Included.--At a minimum, the regulations
shall--
(1) include a definition of the term ``restructuring
costs''; and
(2) address the issue of contract novations under such
contracts.
(d) Consultation.--In developing the regulations, the
Secretary of Defense shall consult with the Administrator for
Federal Procurement Policy.
(e) Report.--Not later than November 13 in each of the
years 1995, 1996, and 1997, the Sec-
[[Page 1653]]
retary of Defense shall submit to Congress a report on the
following:
(1) A description of the procedures being followed within
the Department of Defense for evaluating projected costs and
savings under a defense contract resulting from a
restructuring of a defense contractor associated with a
business combination.
(2) A list of all defense contractors for which
restructuring costs have been allowed by the Department,
along with the identities of the firms which those
contractors have acquired or with which those contractors
have combined since July 21, 1993, that qualify the
contractors for such restructuring reimbursement.
(3) The Department's experience with business combinations
for which the Department has agreed to allow restructuring
costs since July 21, 1993, including the following:
(A) The estimated amount of costs associated with each
restructuring that have been or will be treated as allowable
costs under defense contracts, including the type and amounts
of costs that would not have arisen absent the business
combination.
(B) The estimated amount of savings associated with each
restructuring that are expected to be achieved on defense
contracts.
(C) The types of documentation relied on to establish that
savings associated with each restructuring will exceed costs
associated with the restructuring.
(D) Actual experience on whether savings associated with
each restructuring are exceeding costs associated with the
restructuring.
(E) Identification of any programmatic or budgetary
disruption in the Department of Defense resulting from
contractor restructuring.
(f) Definition.--In this section, the term ``business
combination'' includes a merger or acquisition.
(g) Comptroller General Reports.--(1) Not later than March
1, 1995, the Comptroller General shall submit to Congress a
report on the adequacy of the regulations prescribed under
subsection (b) with respect to--
(A) whether such regulations are consistent with the
purposes of this section, other applicable law, and the
Federal Acquisition Regulation; and
(B) whether such regulations establish policies,
procedures, and standards to ensure that restructuring costs
are paid only when in the best interests of the United
States.
(2) The Comptroller General shall report periodically to
Congress on the implementation of the policy of the
Department of Defense regarding defense industry
restructuring.
(3) Not later than December 1, 1997, the Comptroller
General shall submit to Congress a final report on the policy
of the Department of Defense on defense industry
restructuring, including any recommendations the Comptroller
considers appropriate.
SEC. 819. DEFENSE ACQUISITION PILOT PROGRAM DESIGNATIONS.
The Secretary of Defense is authorized to designate the
following defense acquisition programs for participation, to
the extent provided in the Federal Acquisition Streamlining
Act of 1994, in the defense acquisition pilot program
authorized by section 809 of the National Defense
Authorization Act for Fiscal Year 1991 (10 U.S.C. 2430 note):
(1) The Fire Support Combined Arms Tactical Trainer
program.
(2) The Joint Direct Attack Munition program.
(3) The Joint Primary Aircraft Training System.
(4) Commercial-derivative aircraft.
(5) Commercial-derivative engine.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Secretarial Matters
SEC. 901. ADDITIONAL ASSISTANT SECRETARY OF DEFENSE.
(a) Establishment of Position.--Section 138(a) of title 10,
United States Code, is amended by striking out ``ten'' and
inserting in lieu thereof ``eleven''.
(b) Executive Level IV.--Section 5315 of title 5, United
States Code, is amended by striking out ``Assistant
Secretaries of Defense (10).'' and inserting in lieu thereof
the following:
``Assistant Secretaries of Defense (11).''.
SEC. 902. ORDER OF SUCCESSION TO SECRETARIES OF THE MILITARY
DEPARTMENTS.
(a) Army.--Section 3017 of title 10, United States Code, is
amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) The General Counsel of the Department of the Army.''.
(b) Navy.--Section 5017 of such title is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) The General Counsel of the Department of the Navy.''.
(c) Air Force.--Section 8017 of such title is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) The General Counsel of the Department of the Air
Force.''.
SEC. 903. CHANGE OF TITLE OF COMPTROLLER OF THE DEPARTMENT OF
DEFENSE TO UNDER SECRETARY OF DEFENSE
(COMPTROLLER).
(a) In General.--(1) Section 135 of title 10, United States
Code, is amended--
(A) in subsection (a), by striking out ``a Comptroller of
the Department of Defense'' and inserting in lieu thereof
``an Under Secretary of Defense (Comptroller)''; and
(B) in subsections (b), (c), (d), and (e), by striking out
``Comptroller'' each place it appears and inserting in lieu
thereof ``Under Secretary of Defense (Comptroller)''.
(2) The heading for such section is amended to read as
follows:
``Sec. 135. Under Secretary of Defense (Comptroller)''.
(3) The item relating to such section in the table of
sections at the beginning of chapter 4 of such title is
amended to read as follows:
``135. Under Secretary of Defense (Comptroller).''.
(b) Conforming Amendments to Title 10, United States
Code.--(1) Section 131(b)(4) of title 10, United States Code,
is amended by striking out ``Comptroller'' and inserting in
lieu thereof ``Under Secretary of Defense (Comptroller)''.
(2) Section 138(d) of such title is amended by striking out
``and Comptroller''.
(c) Conforming Amendment to Title 5, United States Code.--
Section 5314 of title 5, United States Code, is amended by
striking out ``Comptroller of the Department of Defense'' and
inserting in lieu thereof ``Under Secretary of Defense
(Comptroller)''.
(d) References in Other Laws.--Any reference to the
Comptroller of the Department of Defense in any provision of
law other than title 10, United States Code, or in any rule,
regulation, or other paper of the United States shall be
treated as referring to the Under Secretary of Defense
(Comptroller).
SEC. 904. NATIONAL GUARD BUREAU CHARTER.
(a) In General.--Subtitle E of title 10, United States
Code, as added by section 1611, is amended by inserting after
chapter 1009, as added by section 1661(b), the following new
chapter:
``CHAPTER 1011--NATIONAL GUARD BUREAU
``10501. National Guard Bureau.
``10502. Chief of the National Guard Bureau: appointment; adviser on
National Guard matters; grade.
``10503. Functions of National Guard Bureau: charter from Secretaries
of the Army and Air Force.
``10504. Chief of National Guard Bureau: annual report.
``10505. Vice Chief of the National Guard Bureau.
``10506. Other senior National Guard Bureau officers.
``10508. Definition.
``Sec. 10501. National Guard Bureau
``(a) National Guard Bureau.--There is in the Department of
Defense the National Guard Bureau, which is a joint bureau of
the Department of the Army and the Department of the Air
Force.
``(b) Purposes.--The National Guard Bureau is the channel
of communications on all matters pertaining to the National
Guard, the Army National Guard of the United States, and the
Air National Guard of the United States between (1) the
Department of the Army and Department of the Air Force, and
(2) the several States.
``Sec. 10502. Chief of the National Guard Bureau:
appointment; adviser on National Guard matters; grade
``(a) Appointment.--There is a Chief of the National Guard
Bureau, who is responsible for the organization and
operations of the National Guard Bureau. The Chief of the
National Guard Bureau is appointed by the President, by and
with the advice and consent of the Senate. Such appointment
shall be made from officers of the Army National Guard of the
United States or the Air National Guard of the United States
who--
``(1) are recommended for such appointment by their
respective Governors or, in the case of the District of
Columbia, the commanding general of the District of Columbia
National Guard;
``(2) have had at least 10 years of federally recognized
commissioned service in an active status in the National
Guard; and
``(3) are in a grade above the grade of brigadier general.
``(b) Term of Office.--An officer appointed as Chief of the
National Guard Bureau serves at the pleasure of the President
for a term of four years. An officer may not hold that office
after becoming 64 years of age. An officer may be reappointed
as Chief of the National Guard Bureau. While holding that
office, the Chief of the National Guard Bureau may not be
removed from the reserve active-status list, or from an
active status, under any provision of law that otherwise
would require such removal due to completion of a specified
number of years of service or a specified number of years of
service in grade.
``(c) Adviser on National Guard Matters.--The Chief of the
National Guard Bureau is the principal adviser to the
Secretary of the Army and the Chief of Staff of the Army, and
to the Secretary of the Air Force and the Chief of Staff of
the Air Force, on matters relating to the National Guard, the
Army National Guard of the United States, and the Air
National Guard of the United States.
``(d) Grade.--The Chief of the National Guard Bureau shall
be appointed to serve in the grade of lieutenant general.
``Sec. 10503. Functions of National Guard Bureau: charter
from Secretaries of the Army and Air Force
``The Secretary of the Army and the Secretary of the Air
Force shall jointly develop
[[Page 1654]]
and prescribe a charter for the National Guard Bureau. The
charter shall cover the following matters:
``(1) Allocating unit structure, strength authorizations,
and other resources to the Army National Guard of the United
States and the Air National Guard of the United States.
``(2) Prescribing the training discipline and training
requirements for the Army National Guard and the Air National
Guard and the allocation of Federal funds for the training of
the Army National Guard and the Air National Guard.
``(3) Ensuring that units and members of the Army National
Guard and the Air National Guard are trained by the States in
accordance with approved programs and policies of, and
guidance from, the Chief, the Secretary of the Army, and the
Secretary of the Air Force.
``(4) Monitoring and assisting the States in the
organization, maintenance, and operation of National Guard
units so as to provide well-trained and well-equipped units
capable of augmenting the active forces in time of war or
national emergency.
``(5) Planning and administering the budget for the Army
National Guard of the United States and the Air National
Guard of the United States.
``(6) Supervising the acquisition and supply of, and
accountability of the States for, Federal property issued to
the National Guard through the property and fiscal officers
designated, detailed, or appointed under section 708 of title
32.
``(7) Granting and withdrawing, in accordance with
applicable laws and regulations, Federal recognition of (A)
National Guard units, and (B) officers of the National Guard.
``(8) Establishing policies and programs for the employment
and use of National Guard technicians under section 709 of
title 32.
``(9) Supervising and administering the Active Guard and
Reserve program as it pertains to the National Guard.
``(10) Issuing directives, regulations, and publications
consistent with approved policies of the Army and Air Force,
as appropriate.
``(11) Facilitating and supporting the training of members
and units of the National Guard to meet State requirements.
``(12) Such other functions as the Secretaries may
prescribe.
``Sec. 10504. Chief of National Guard Bureau: annual report
``(a) Annual Report.--The Chief of the National Guard
Bureau shall submit to the Secretary of Defense, through the
Secretaries of the Army and the Air Force, an annual report
on the state of the National Guard and the ability of the
National Guard to meet its missions. The report shall be
prepared in conjunction with the Secretary of the Army and
the Secretary of the Air Force and may be submitted in
classified and unclassified versions.
``(b) Submission of Report to Congress.--The Secretary of
Defense shall transmit the annual report of the Chief of the
National Guard Bureau to Congress, together with such
comments on the report as the Secretary considers
appropriate. The report shall be transmitted at the same time
each year that the annual report of the Secretary under
section 113(c) of this title is submitted to Congress.
``Sec. 10505. Vice Chief of the National Guard Bureau
``(a) Appointment.--(1) There is a Vice Chief of the
National Guard Bureau, selected by the Secretary of Defense
from officers of the Army National Guard of the United States
or the Air National Guard of the United States who--
``(A) are recommended for such appointment by their
respective Governors or, in the case of the District of
Columbia, the commanding general of the District of Columbia
National Guard;
``(B) have had at least 10 years of federally recognized
commissioned service in an active status in the National
Guard; and
``(C) are in a grade above the grade of colonel.
``(2) The Chief and Vice Chief of the National Guard Bureau
may not both be members of the Army or of the Air Force.
``(3)(A) Except as provided in subparagraph (B), an officer
appointed as Vice Chief of the National Guard Bureau serves
for a term of four years, but may be removed from office at
any time for cause.
``(B) The term of the Vice Chief of the National Guard
Bureau shall end upon the appointment of a Chief of the
National Guard Bureau who is a member of the same armed force
as the Vice Chief.
``(4) The Secretary of Defense may waive the restrictions
in paragraph (2) and the provisions of paragraph (3)(B) for a
limited period of time to provide for the orderly transition
of officers appointed to serve in the positions of Chief and
Vice Chief of the National Guard Bureau.
``(b) Duties.--The Vice Chief of the National Guard Bureau
performs such duties as may be prescribed by the Chief of the
National Guard Bureau.
``(c) Grade.--The Vice Chief of the National Guard Bureau
shall be appointed to serve in the grade of major general.
``(d) Functions as Acting Chief.--When there is a vacancy
in the office of the Chief of the National Guard Bureau or in
the absence or disability of the Chief, the Vice Chief of the
National Guard Bureau acts as Chief and performs the duties
of the Chief until a successor is appointed or the absence or
disability ceases.
``(e) Succession After Chief and Vice Chief.--When there is
a vacancy in the offices of both Chief and Vice Chief of the
National Guard Bureau or in the absence or disability of both
the Chief and Vice Chief of the National Guard Bureau, or
when there is a vacancy in one such office and in the absence
or disability of the officer holding the other, the senior
officer of the Army National Guard of the United States or
the Air National Guard of the United States on duty with the
National Guard Bureau shall perform the duties of the Chief
until a successor to the Chief or Vice Chief is appointed or
the absence or disability of the Chief or Vice Chief ceases,
as the case may be.
``Sec. 10506. Other senior National Guard Bureau officers
``(a) Additional General Officers.--(1) In addition to the
Chief and Vice Chief of the National Guard Bureau, there
shall be assigned to the National Guard Bureau--
``(A) two general officers selected by the Secretary of the
Army from officers of the Army National Guard of the United
States who have been nominated by their respective Governors
or, in the case of the District of Columbia, the commanding
general of the District of Columbia National Guard, the
senior of whom while so serving shall hold the grade of major
general and serve as Director, Army National Guard, with the
other serving as Deputy Director, Army National Guard; and
``(B) two general officers selected by the Secretary of the
Air Force from officers of the Air National Guard of the
United States who have been nominated by their respective
Governors or, in the case of the District of Columbia, the
commanding general of the District of Columbia National
Guard, the senior of whom while so serving shall hold the
grade of major general and serve as Director, Air National
Guard, with the other serving as Deputy Director, Air
National Guard.
``(2) The officers so selected shall assist the Chief of
the National Guard Bureau in carrying out the functions of
the National Guard Bureau as they relate to their respective
branches.
``(b) Other Officers.--There are in the National Guard
Bureau a legal counsel, a comptroller, and an inspector
general, each of whom shall be appointed by the Chief of the
National Guard Bureau. They shall perform such duties as the
Chief may prescribe.
``Sec. 10508. Definition
``In this chapter, the term `State' includes the District
of Columbia, the Commonwealth of Puerto Rico, and Guam and
the Virgin Islands.''.
(b) Conforming Repeal.--(1) Section 3040 of title 10,
United States Code, is repealed.
(2) The table of sections at the beginning of chapter 305
of such title is amended by striking out the item relating to
section 3040.
(c) Conforming Amendment.--The text of section 108 of title
32, United States Code, is amended to read as follows:
``If, within a time fixed by the President, a State fails
to comply with a requirement of this title, or a regulation
prescribed under this title, the National Guard of that State
is barred, in whole or in part, as the President may
prescribe, from receiving money or any other aid, benefit, or
privilege authorized by law.''.
(d) Effective Date.--The provisions of chapter 1011 of
title 10, United States Code, as added by subsection (a),
shall become effective, and the repeal made by subsection (c)
and the amendment made by subsection (c) shall take effect,
at the end of the 90-day period beginning on the date of the
enactment of this Act.
Subtitle B--Professional Military Education
SEC. 911. AUTHORITY FOR MARINE CORPS UNIVERSITY TO AWARD THE
DEGREE OF MASTER OF MILITARY STUDIES.
(a) Authority To Award.--(1) Chapter 609 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 7102. Marine Corps University: master of military
studies
``(a) Authority.--Upon the recommendation of the Director
and faculty of the Command and Staff College of the Marine
Corps University, the President of the Marine Corps
University may confer the degree of master of military
studies upon graduates of the college who fulfill the
requirements for the degree.
``(b) Regulations.--The authority provided by subsection
(a) shall be exercised under regulations prescribed by the
Secretary of the Navy.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``7102. Marine Corps University: master of military studies.''.
(b) Effective Date.--The authority provided by section
7102(a) of title 10, United States Code, as added by
subsection (a), shall become effective on the date on which
the Secretary of Education determines that the requirements
established by the Command and Staff College of the Marine
Corps University for the degree of master of military studies
are in accordance with generally applicable requirements for
a degree of master of arts.
SEC. 912. BOARD OF ADVISORS FOR MARINE CORPS UNIVERSITY.
The Secretary of the Navy shall establish a board of
advisors for the Marine Corps University. The Secretary shall
ensure that the board is established so as to meet all
requirements of the appropriate regional accrediting
association.
[[Page 1655]]
SEC. 913. AUTHORITY FOR AIR UNIVERSITY TO AWARD THE DEGREE OF
MASTER OF AIRPOWER ART AND SCIENCE.
(a) Authority To Award.--(1) Chapter 901 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 9317. Air University: master of airpower art and
science
``(a) Authority.--Upon the recommendation of the faculty of
the School of Advanced Airpower Studies of the Air
University, the Commander of the university may confer the
degree of master of airpower art and science upon graduates
of the school who fulfill the requirements for the degree.
``(b) Regulations.--The authority provided by subsection
(a) shall be exercised under regulations prescribed by the
Secretary of the Air Force.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``9317. Air University: master of airpower art and science.''.
(b) Effective Date.--The authority provided by section
9317(a) of title 10, United States Code, as added by
subsection (a), shall become effective on the date on which
the Secretary of Education determines that the requirements
established by the School of Advanced Airpower Studies of the
Air University for the degree of master of airpower art and
science are in accordance with generally applicable
requirements for a degree of master of arts or a degree of
master of science.
SEC. 914. SENSE OF CONGRESS ON GRADE OF HEADS OF SENIOR
PROFESSIONAL MILITARY EDUCATION SCHOOLS.
It is the sense of Congress that an officer serving in a
position as the head of one of the senior professional
military education schools of the Department of Defense (or
of the separate military departments) should, while so
serving, hold a grade not less than the grade (or its
equivalent) held by the officer serving in that position on
the date of the enactment of this Act.
Subtitle C--Other Matters
SEC. 921. COMPOSITION OF RESERVE FORCES POLICY BOARD.
Section 175(a) of title 10, United States Code, is
amended--
(1) in paragraph (4), by striking out ``or Regular Marine
Corps'' and inserting in lieu thereof ``and an officer of the
Regular Marine Corps each'';
(2) by striking out ``and'' at the end of paragraph (8);
(3) by striking out the period at the end of paragraph (9)
and inserting in lieu thereof ``; and''; and
(4) by adding at the end the following:
``(10) an officer of the Regular Army, Regular Navy,
Regular Air Force, or Regular Marine Corps serving in a
position on the Joint Staff who is designated by the Chairman
of the Joint Chiefs of Staff.''.
SEC. 922. CONTINUATION OF UNIFORMED SERVICES UNIVERSITY OF
THE HEALTH SCIENCES.
(a) Closure Prohibited.--The Uniformed Services University
of the Health Sciences may not be closed.
(b) Budgetary Commitment to Continuation.--It is the sense
of Congress that the Secretary of Defense should budget for
the ongoing operation of the Uniformed Services University of
the Health Sciences as an institution of professional
education that is vital to the education and training each
year of significant numbers of personnel of the uniformed
services for careers as uniformed services health care
providers.
(c) GAO Evaluation.--Not later than June 1, 1995, the
Comptroller General of the United States shall submit to
Congress a detailed report on the Uniformed Services
University of the Health Sciences. The report shall include
the following:
(1) A comparison of the cost of obtaining physicians for
the Armed Forces from the University with the cost of
obtaining physicians from other sources.
(2) An assessment of the retention rate needs of the Armed
Forces for physicians in relation to the respective retention
rates of physicians obtained from the University and
physicians obtained from other sources and the factors that
contribute to retention rates among military physicians
obtained from all sources.
(3) A review of the quality of the medical education
provided at the University with the quality of medical
education provided by other sources of military physicians.
(4) A review of the overall issue of the special needs of
military medicine and how those special needs are being met
by physicians obtained from University and physicians
obtained from other sources.
(5) An assessment of the extent to which the University has
responded to the 1990 report of the Inspector General of the
Department of Defense, including recommendations as to
resolution of any continuing issues relating to management
and internal fiscal controls of the University, including
issues relating to the Henry M. Jackson Foundation for the
Advancement of Military Medicine identified in the 1990
report.
(6) Such other recommendations as the Comptroller General
considers appropriate.
SEC. 923. COMMISSION ON ROLES AND MISSIONS OF THE ARMED
FORCES.
(a) Size of Commission.--(1) Section 952(b)(1) of the
National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160; 107 Stat. 1738; 10 U.S.C. 111 note) is
amended by striking out ``seven members'' and inserting in
lieu thereof ``eleven members''.
(2) Section 956(b)(1) of such Act (107 Stat. 1740) is
amended by striking out ``Four members'' and inserting in
lieu thereof ``Seven members''.
(3) The additional members of the Commission on Roles and
Missions of the Armed Forces authorized by the amendment made
by paragraph (1) shall be appointed by the Secretary of
Defense not later than 30 days after the date of the
enactment of this Act.
(4) At least one of the additional members of the
Commission appointed pursuant to the amendment made by
paragraph (1) shall have previous military experience and
management experience with the reserve components.
(b) Review of Reserve Components.--Section 953 of such Act
(107 Stat. 1738) is amended--
(1) in subsection (d)--
(A) by striking out ``and'' at the end of paragraph (7);
(B) by striking out the period at the end of paragraph (8)
and inserting in lieu thereof ``; and''; and
(C) by adding at the end the following new paragraph:
``(9) the role of the Army National Guard of the United
States, the Air National Guard of the United States, and the
other reserve components.'';
(2) in subsection (e)(3), by inserting after ``Department
of Defense'' the following: ``, including the Army National
Guard of the United States, the Air National Guard of the
United States, and the other reserve components''; and
(3) by adding at the end the following new subsection:
``(h) Recommendations Concerning Reserve Components.--The
Commission shall also address the roles, missions, and
functions of the Army National Guard of the United States,
the Air National Guard of the United States, and the other
reserve components within the total force of the Armed
Forces, particularly in light of lower budgetary resources
that will be available to the Department of Defense in the
future.''.
(c) Recommendations Concerning Programs and Force
Structure.--Section 953 of such Act is further amended by
adding after subsection (h), as added by subsection (b), the
following:
``(i) Recommendations Concerning Programs and Force
Structure.--The Commission may also recommend changes that
would better align programs and force structure with
projected missions and threats.''.
(d) FFRDC Support.--(1) Section 957 of such Act (107 Stat.
1741) is amended by adding at the end the following new
subsection:
``(f) FFRDC Support.--(1) Upon the request of the chairman
of the Commission, the Secretary of Defense shall make
available to the Commission, without reimbursement, the
services of any federally funded research and development
center that is covered by a sponsoring agreement of the
Department of Defense. The cost of the services made
available under this subsection may not exceed $20,000,000.
``(2) Notwithstanding any other provision of law, any
analytic support or related services provided by such a
center to the Commission shall not be subject to any overall
ceiling established by this or any other Act on the
activities or budgets of such centers.''.
(2) Such section is further amended by striking out the
section heading and inserting in lieu thereof the following:
``SEC. 957. PERSONNEL MATTERS; EXPERT SERVICES.''.
SEC. 924. RENAMING OF THE UNITED STATES COURT OF MILITARY
APPEALS AND THE COURTS OF MILITARY REVIEW.
(a) Renaming of the Court of Military Appeals.--(1) The
United States Court of Military Appeals shall hereafter be
known and designated as the United States Court of Appeals
for the Armed Forces.
(2) Section 941 of title 10, United States Code (article
141 of the Uniform Code of Military Justice), is amended by
striking out ``United States Court of Military Appeals'' and
inserting in lieu thereof ``United States Court of Appeals
for the Armed Forces''.
(b) Renaming of the Courts of Military Review.--(1) Each
Court of Military Review shall hereafter be known and
designated as a Court of Military Criminal Appeals.
(2) Section 866 of title 10, United States Code (article 66
of the Uniform Code of Military Justice), is amended by
striking out ``Court of Military Review'' each place it
appears and inserting in lieu thereof ``Court of Military
Criminal Appeals''.
(c) Conforming Amendments to Title 10.--Title 10, United
States Code, is amended as follows:
(1) The following sections are amended by striking out
``Court of Military Appeals'' each place it appears and
inserting in lieu thereof ``Court of Appeals for the Armed
Forces'': sections 707(a)(2), 866(e), 867, 867a(a), 870,
871(c)(1), 873, 942, 943, 944, 945, and 946(b)(1).
(2) The following sections are amended by striking out
``Court of Military Review'' each place it appears and
inserting in lieu thereof ``Court of Military Criminal
Appeals'': sections 707(a)(2), 862(b), 867, 868, 869, 870,
871, and 873.
(3)(A) The heading of subchapter XII of chapter 47 is
amended to read as follows:
``SUBCHAPTER XII--UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES''.
(B) The table of subchapters at the beginning of chapter 47
is amended by striking out
[[Page 1656]]
the item relating to subchapter XII and inserting in lieu
thereof the following:
``XII. United States Court of Appeals for the Armed Forces ....... 941
141''.
(4)(A) The heading of section 866 is amended to read as
follows:
``Sec. 866. Art. 66. Review by Court of Military Criminal
Appeals''.
(B) The heading of section 867 is amended to read as
follows:
``Sec. 867. Art. 67. Review by the Court of Appeals for the
Armed Forces''.
(C) The items relating to sections 866 and 867 (articles 66
and 67) in the table of sections at the beginning of
subchapter IX of chapter 47 are amended to read as follows:
``866. 66. Review by Court of Military Criminal Appeals.
``867. 67. Review by the Court of Appeals for the Armed Forces.''.
(d) Conforming Amendments to Other Laws.--
(1) The following titles of the United States Code are
amended by striking out ``Court of Military Appeals'' each
place it appears in the specified sections and inserting in
lieu thereof ``Court of Appeals for the Armed Forces'':
(A) In title 5, sections 8334(a)(1), 8336(l), 8337(a),
8338(c), 8339(d)(6), and 8339(h) and the table in section
8334(c).
(B) In title 18, sections 202(e)(2) and 6001(4).
(C) In title 28, sections 1259 and 2101(g).
(D) In title 44, section 906.
(2)(A) The heading of section 1259 of title 28, United
States Code, is amended to read as follows:
``Sec. 1259. Court of Appeals for the Armed Forces;
certiorari''.
(B) The item relating to section 1259 in the table of
sections at the beginning of chapter 81 of such title is
amended to read as follows:
``1259. Court of Appeals for the Armed Forces; certiorari.''.
(3) Section 109 of the Ethics in Government Act of 1978 (5
U.S.C. App.) is amended by striking out ``Court of Military
Appeals'' each place it appears in paragraphs (8) and (10)
and inserting in lieu thereof ``Court of Appeals for the
Armed Forces''.
SEC. 925. BUDGET SUPPORT FOR RESERVE ELEMENTS OF SPECIAL
OPERATIONS COMMAND.
Section 167 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(k) Budget Support for Reserve Elements.--(1) Before the
budget proposal for the special operations command for any
fiscal year is submitted to the Secretary of Defense, the
commander of the command shall consult with the Secretaries
of the military departments concerning funding for reserve
component special operations units. If the Secretary of a
military department does not concur in the recommended level
of funding with respect to any such unit that is under the
jurisdiction of the Secretary, the commander shall include
with the budget proposal submitted to the Secretary of
Defense the views of the Secretary of the military department
concerning such funding.
``(2) Before the budget proposal for a military department
for any fiscal year is submitted to the Secretary of Defense,
the Secretary of that military department shall consult with
the commander of the special operations command concerning
funding for special operations forces in the military
personnel budget for a reserve component in that military
department. If the commander of that command does not concur
in the recommended level of funding with respect to reserve
component special operations units, the Secretary shall
include with the budget proposal submitted to the Secretary
of Defense the views of the commander of that command.''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon
determination by the Secretary of Defense that such action is
necessary in the national interest, the Secretary may
transfer amounts of authorizations made available to the
Department of Defense in this division for fiscal year 1995
between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the
same purposes as the authorization to which transferred.
(2) The total amount of authorizations that the Secretary
of Defense may transfer under the authority of this section
may not exceed $2,000,000,000.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
SEC. 1002. EMERGENCY SUPPLEMENTAL AUTHORIZATIONS OF
APPROPRIATIONS FOR FISCAL YEAR 1994.
(a) Authorization of Prior Emergency Supplemental
Appropriations.--Funds appropriated to the Department of
Defense for fiscal year 1994 in chapter 3 of title I of the
Emergency Supplemental Appropriations Act of 1994 (Public Law
103-211; 108 Stat. 5) for the purposes stated in section 302
of such Act (108 Stat. 7), relating to the incremental and
associated costs of the Department of Defense incurred in
connection with ongoing United States operations relating to
Somalia, Bosnia, Southwest Asia, and Haiti, are hereby
authorized in amounts as follows:
(1) For Military Personnel:
(A) For the Army, $6,600,000.
(B) For the Navy, $19,400,000.
(C) For the Air Force, $18,400,000.
(2) For Operation and Maintenance:
(A) For the Army, $420,100,000.
(B) For the Navy, $104,800,000.
(C) For the Air Force, $560,100,000.
(D) For Defense-wide activities, $21,600,000.
(3) For Procurement:
(A) For Aircraft Procurement, Army, $20,300,000.
(B) For Other Procurement, Army, $200,000.
(C) For Other Procurement, Air Force, $26,800,000.
(b) Authorization of Supplemental Appropriations for Relief
of Rwanda Refugees.--There is authorized to be appropriated
to the Emergency Response Fund, Defense, as emergency
supplemental appropriations for fiscal year 1994 the sum of
$270,000,000 to be used to reimburse appropriations of the
Department of Defense for costs incurred for emergency relief
for Rwanda.
SEC. 1003. INCORPORATION OF CLASSIFIED ANNEX.
(a) Status of Classified Annex.--The Classified Annex
prepared by the committee of conference to accompany the bill
S. 2182 of the One Hundred Third Congress and transmitted to
the President is hereby incorporated into this Act.
(b) Construction With Other Provisions of Act.--The amounts
specified in the Classified Annex are not in addition to
amounts authorized to be appropriated by other provisions of
this Act.
(c) Limitation on Use of Funds.--Funds appropriated
pursuant to an authorization contained in this Act that are
made available for a program, project, or activity referred
to in the Classified Annex may only be expended for such
program, project, or activity in accordance with such terms,
conditions, limitations, restrictions, and requirements as
are set out for that program, project, or activity in the
Classified Annex.
(d) Distribution of Classified Annex.--The President shall
provide for appropriate distribution of the Classified Annex,
or of appropriate portions of the annex, within the executive
branch of the Government.
SEC. 1004. DATE FOR SUBMISSION OF FUTURE-YEARS MISSION
BUDGET.
Section 222(a) of title 10, United States Code, is amended
by striking out ``at the same time that'' in the second
sentence and inserting in lieu thereof ``not later than 60
days after the date on which''.
SEC. 1005. SUBMISSION OF NEXT FUTURE-YEARS DEFENSE PROGRAM AS
REQUIRED BY LAW.
(a) Condition on Obligation of Advance Procurement Funds.--
If, as of the end of the 90-day period beginning on the date
on which the President's budget for fiscal year 1996 is
submitted to Congress, the Secretary of Defense has not
submitted to Congress the fiscal year 1996 future-years
defense program, then during the 30-day period beginning on
the last day of such 90-day period the Secretary may not
obligate more than 10 percent of the fiscal year 1995 advance
procurement funds that are available for obligation as of the
end of that 90-day period. If, as of the end of such 30-day
period, the Secretary of Defense has not submitted to
Congress the fiscal year 1996 future-years defense program,
then the Secretary may not make any further obligation of
fiscal year 1995 advance procurement funds until such program
is submitted to Congress.
(b) Removal of Condition.--If the Secretary submits to
Congress the fiscal year 1996 future-years defense program
during the 30-day period described in the first sentence of
subsection (a), the limitation on obligation of advance
procurement funds prescribed in that sentence shall cease to
apply effective as of the date of the submission of such
program.
(c) Compliance Certification as Condition of Effective
Submission of FYDP.--A submission of the fiscal year 1996
future-years defense program may not be considered to have
been made for purposes of this section unless the submission
is accompanied by a certification by the Secretary that such
program as submitted satisfies the requirements of section
221(b) of title 10, United States Code. Any such
certification may be made by the Secretary only after
consultation with the Inspector General of the Department of
Defense.
(d) Definitions.--For purposes of this section:
(1) The term ``fiscal year 1996 future-years defense
program'' means the multiyear defense program (including
associated annexes) covering fiscal years beginning with
fiscal year 1996 required (by section 221 of title 10, United
States Code) to be submitted to Congress in conjunction with
the President's budget for that fiscal year.
(2) The term ``fiscal year 1995 advance procurement funds''
means funds appropriated for the Department of Defense for
fiscal year 1995 that are available for advance procurement.
[[Page 1657]]
SEC. 1006. AUTHORITY FOR OBLIGATION OF CERTAIN UNAUTHORIZED
FISCAL YEAR 1994 DEFENSE APPROPRIATIONS.
(a) Authority.--The amounts described in subsection (b) may
be obligated and expended for programs, projects, and
activities of the Department of Defense in accordance with
fiscal year 1994 defense appropriations except as otherwise
provided in section subsections (c) and (d).
(b) Covered Amounts.--The amounts referred to in subsection
(a) are the amounts provided for programs, projects, and
activities of the Department of Defense in fiscal year 1994
defense appropriations that are in excess of the amounts
provided for such programs, projects, and activities in
fiscal year 1994 defense authorizations.
(c) Programs Not Available for Obligation.--Amounts
described in subsection (b) which remain available for
obligation on the date of the enactment of this Act may not
be obligated or expended for the following programs,
projects, and activities of the Department of Defense (for
which amounts were provided in fiscal year 1994 defense
appropriations):
(1) The Guardrail modifications program under ``Aircraft
Procurement, Army'' in the amount of $19,000,000.
(2) The AT-4 upgrade program under ``Procurement of
Ammunition, Army'' in the amount of $15,000,000.
(3) The Combat Vehicle Modernization program under
``Research, Development, Test, and Evaluation, Army'' in the
amount of $20,000,000 for incorporation of the Saudi Arabia
M1A2 electronic data processing, storage and retrieval system
in the United States version of the M1A2 tank.
(d) Manufacturing Technology.--The Secretary of Defense may
obligate fiscal year 1994 defense appropriations under the
Manufacturing Technology Development program which remain
available for obligation on the date of the enactment of this
Act in accordance with the competition and cost-sharing
requirements of subsection (d) of section 2525 of title 10,
United States Code, as amended by section 256 of this Act,
notwithstanding any other provision of law that specifies (or
has the effect of requiring) that a contract be entered into
with, or a grant be made to, a particular institution or
entity.
(e) Definitions.--For the purposes of this section:
(1) Fiscal year 1994 defense appropriations.--The term
``fiscal year 1994 defense appropriations'' means amounts
appropriated or otherwise made available to the Department of
Defense for fiscal year 1994 in the Department of Defense
Appropriations Act, 1994 (Public Law 103-139).
(2) Fiscal year 1994 defense authorizations.--The term
``fiscal year 1994 defense authorizations'' means amounts
authorized to be appropriated for the Department of Defense
for fiscal year 1994 in the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103-160).
Subtitle B--Counter-Drug Activities
SEC. 1011. DEPARTMENT OF DEFENSE SUPPORT FOR COUNTER-DRUG
ACTIVITIES.
(a) Extension of Current Authority.--Section 1004(a) of the
National Defense Authorization Act for Fiscal Year 1991 (10
U.S.C. 374 note) is amended by striking out ``through 1995''
and inserting in lieu thereof ``through 1999''.
(b) Condition on Transfer of Funds.--Funds appropriated for
the Department of Defense may not be transferred to a
National Drug Control Program agency account except to the
extent provided in a law that specifically states--
(1) the amount authorized to be transferred;
(2) the account from which such amount is authorized to be
transferred; and
(3) the account to which such amount is authorized to be
transferred.
(c) Condition on Detailing Personnel.--Personnel of the
Department of Defense may not be detailed to another
department or agency in order to implement the National Drug
Control Strategy unless the Secretary of Defense certifies to
Congress that the detail of such personnel is in the national
security interest of the United States.
(d) Relationship to Other Law.--A provision of law may not
be construed as modifying or superseding the provisions of
subsection (b) or (c) unless that provision of law--
(1) specifically refers to this section; and
(2) specifically states that such provision of law modifies
or supersedes the provisions of subsection (b) or (c), as the
case may be.
SEC. 1012. OFFICIAL IMMUNITY FOR AUTHORIZED EMPLOYEES AND
AGENTS OF THE UNITED STATES AND FOREIGN
COUNTRIES ENGAGED IN INTERDICTION OF AIRCRAFT
USED IN ILLICIT DRUG TRAFFICKING.
(a) Employees and Agents of Foreign Countries.--
Notwithstanding any other provision of law, it shall not be
unlawful for authorized employees or agents of a foreign
country (including members of the armed forces of that
country) to interdict or attempt to interdict an aircraft in
that country's territory or airspace if--
(1) that aircraft is reasonably suspected to be primarily
engaged in illicit drug trafficking; and
(2) the President of the United States, before the
interdiction occurs, has determined with respect to that
country that--
(A) interdiction is necessary because of the extraordinary
threat posed by illicit drug trafficking to the national
security of that country; and
(B) the country has appropriate procedures in place to
protect against innocent loss of life in the air and on the
ground in connection with interdiction, which shall at a
minimum include effective means to identify and warn an
aircraft before the use of force directed against the
aircraft.
(b) Employees and Agents of the United States.--
Notwithstanding any other provision of law, it shall not be
unlawful for authorized employees or agents of the United
States (including members of the Armed Forces of the United
States) to provide assistance for the interdiction actions of
foreign countries authorized under subsection (a). The
provision of such assistance shall not give rise to any civil
action seeking money damages or any other form of relief
against the United States or its employees or agents
(including members of the Armed Forces of the United States).
(c) Definitions.--For purposes of this section:
(1) The terms ``interdict'' and ``interdiction'', with
respect to an aircraft, mean to damage, render inoperative,
or destroy the aircraft.
(2) The term ``illicit drug trafficking'' means illicit
trafficking in narcotic drugs, psychotropic substances, and
other controlled substances, as such activities are described
by any international narcotics control agreement to which the
United States is a signatory, or by the domestic law of the
country in whose territory or airspace the interdiction is
occurring.
(3) The term ``assistance'' includes operational, training,
intelligence, logistical, technical, and administrative
assistance.
SEC. 1013. REPORT ON STATUS OF DEFENSE RANDOM DRUG TESTING
PROGRAM.
Not later than six months after the date of the enactment
of this Act, the Secretary of Defense shall submit to
Congress a report describing the policy and procedures under
which the Armed Forces conduct random drug testing of members
of the Armed Forces, the frequency of such testing, and the
number of members annually required to submit to such
testing. The report shall describe any changes that were made
to such policy or procedures, or to the frequency of such
testing, during the one-year period ending on the date of the
enactment of this Act.
Subtitle C--Naval Vessels and Related Matters
SEC. 1021. TRANSFER OF USNS MAURY.
(a) In General.--The Secretary of the Navy shall transfer
the USNS Maury (TAGS-39) to the Department of Transportation
for assignment as a training ship to the California Maritime
Academy at Vallejo, California. The transfer shall be made on
the date of the decommissioning of that vessel.
(b) Terms and Conditions.--(1) In carrying out subsection
(a), the Secretary shall deliver the vessel--
(A) at the place where the vessel is located on the date of
the conveyance;
(B) in its condition on that date; and
(C) at no cost to the United States.
(2) The Secretary may require such additional terms and
conditions in connection with the transfer authorized by this
section as the Secretary considers appropriate.
SEC. 1022. TRANSFER OF OBSOLETE VESSEL USS GUADALCANAL.
(a) Authority.--Notwithstanding subsections (a) and (d) of
section 7306 of title 10, United States Code, but subject to
subsections (b) and (c) of that section, upon the
decommissioning of the USS Guadalcanal (LPH-7), the Secretary
of the Navy may transfer the USS Guadalcanal to the not-for-
profit organization Intrepid Museum Foundation, New York, New
York.
(b) Limitation.--The transfer authorized by section (a) may
be made only if the Secretary determines that the vessel USS
Guadalcanal is of no further use to the United States for
national security purposes.
(c) Terms and Conditions.--The Secretary may require such
terms and conditions in connection with the transfer
authorized by this section as the Secretary considers
appropriate.
SEC. 1023. MARITIME PREPOSITIONING SHIP PROGRAM ENHANCEMENT.
Section 2218(f) of title 10, United States Code, shall not
apply in the case of the purchase of three ships for the
purpose of enhancing Marine Corps prepositioning ship
squadrons.
Subtitle D--POW/MIA Matters
SEC. 1031. ASSISTANCE TO FAMILY MEMBERS OF KOREAN CONFLICT
AND COLD WAR POW/MIAS WHO REMAIN UNACCOUNTED
FOR.
(a) Single Point of Contact.--The Secretary of Defense
shall designate an official of the Department of Defense to
serve as a single point of contact within the department--
(1) for the immediate family members (or their designees)
of any unaccounted-for Korean conflict POW/MIA; and
(2) for the immediate family members (or their designees)
of any unaccounted-for Cold War POW/MIA.
(b) Functions.--The official designated under subsection
(a) shall serve as a liaison between the family members of
unaccounted-for Korean conflict POW/MIAs and unaccounted-for
Cold War POW/MIAs and the Department of Defense and other
Federal departments and agencies that may hold information
that may relate to such POW/MIAs. The functions of that
official shall include assisting family members--
(1) with the procedures the family members may follow in
their search for information about the unaccounted-for Korean
conflict POW/MIA or unaccounted-for Cold War POW/MIA, as the
case may be;
[[Page 1658]]
(2) in learning where they may locate information about the
unaccounted-for POW/MIA; and
(3) in learning how and where to identify classified
records that contain pertinent information and that will be
declassified.
(c) Assistance in Obtaining Declassification.--The official
designated under subsection (a) shall seek to obtain the
rapid declassification of any relevant classified records
that are identified.
(d) Repository.--The official designated under subsection
(a) shall provide all documents relating to unaccounted-for
Korean conflict POW/MIAs and unaccounted-for Cold War POW/
MIAs that are located as a result of the official's efforts
to the National Archives and Records Administration, which
shall locate them in a centralized repository.
(e) Definitions.--For purposes of this section:
(1) The term ``unaccounted-for Korean conflict POW/MIA''
means a member of the Armed Forces or civilian employee of
the United States who, as a result of service during the
Korean conflict, was at any time classified as a prisoner of
war or missing-in-action and whose person or remains have not
been returned to United States control and who remains
unaccounted for.
(2) The term ``unaccounted-for Cold War POW/MIA'' means a
member of the Armed Forces or civilian employee of the United
States who, as a result of service during the period from
September 2, 1945, to August 21, 1991, was at any time
classified as a prisoner of war or missing-in-action and
whose person or remains have not been returned to United
States control and who remains unaccounted for.
(3) The term ``Korean conflict'' has the meaning given such
term in section 101(9) of title 38, United States Code.
SEC. 1032. REQUIREMENT FOR SECRETARY OF DEFENSE TO SUBMIT
RECOMMENDATIONS ON CERTAIN PROVISIONS OF LAW
CONCERNING MISSING PERSONS.
(a) Review.--The Secretary of Defense shall conduct a
review of the provisions of chapter 10 of title 37, United
States Code, relating to missing persons.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report containing the Secretary's recommendations as to
whether those provisions of law should be amended.
(c) Consultation.--The review under subsection (a) shall be
carried out in consultation with the Secretaries of the
military departments.
SEC. 1033. CONTACT BETWEEN THE DEPARTMENT OF DEFENSE AND THE
MINISTRY OF NATIONAL DEFENSE OF CHINA ON POW/
MIA ISSUES.
(a) Findings.--Congress makes the following findings:
(1) The Select Committee on POW/MIA Affairs of the Senate,
in its final report, dated January 13, 1993, concluded--
(A) that ``many American POWs had been held in China during
the Korean conflict and that foreign POW camps in both China
and North Korea were run by Chinese officials''; and
(B) that ``given the fact that only 26 Army and 15 Air
Force personnel returned from China following the war, the
committee can now firmly conclude that the People's Republic
of China surely has information on the fate of other
unaccounted for American POWs from the Korean conflict.''.
(2) The Select Committee on POW/MIA Affairs recommended in
that report that ``the Department of State and Defense form a
POW/MIA task force on China similar to Task Force Russia.''.
(3) Neither the Department of Defense nor the Department of
State has held substantive discussions with officials from
the People's Republic of China concerning unaccounted for
American prisoners of war of the Korean conflict.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense should establish contact with
officials of the Ministry of Defense of the People's Republic
of China regarding unresolved issues relating to American
prisoners of war and American personnel missing in action as
a result of the Korean conflict.
SEC. 1034. INFORMATION CONCERNING UNACCOUNTED FOR UNITED
STATES PERSONNEL OF THE VIETNAM CONFLICT.
(a) Requirement.--Not later than 45 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress a report containing the information
specified in subsection (b) pertaining to United States
personnel involved in the Vietnam conflict who remain not
accounted for.
(b) Required Information.--The information to be provided
in the report under subsection (a) is as follows:
(1) A complete listing by name of all such personnel about
whom it is possible that officials of the Socialist Republic
of Vietnam can produce additional information or remains that
could lead to the maximum possible accounting for those
personnel, as determined on the basis of all information
available to the United States Government.
(2) A complete listing by name of all such personnel about
whom it is possible that officials of the Lao People's
Democratic Republic can produce additional information or
remains that could lead to the maximum possible accounting
for those personnel, as determined on the basis of all
information available to the United States Government.
SEC. 1035. REPORT ON POW/MIA MATTERS CONCERNING NORTH KOREA.
(a) Findings.--Congress makes the following findings:
(1) The Select Committee on POW/MIA Affairs of the Senate
concluded in its final report, dated January 13, 1993, that
``it is likely that a large number of possible MIA remains
can be repatriated and several records and documents on
unaccounted for POW's and MIA's can be provided from North
Korea once a joint working level commission is set up under
the leadership of the United States.''.
(2) The Select Committee recommended in such report that
``the Departments of State and Defense take immediate steps
to form this commission through the United Nations Command at
Panmunjom, Korea'' and that the ``commission should have a
strictly humanitarian mission and should not be tied to
political developments on the Korean peninsula.''.
(3) In August 1993, the United States and North Korea
entered into an agreement concerning the repatriation of
remains of United States personnel.
(4) The establishment of a joint working level commission
with North Korea could enhance the prospects for results
under the August 1993 agreement.
(b) Report.--The Secretary of Defense shall, at the end of
January and September of 1995, submit a report to Congress on
the status of efforts to obtain information from North Korea
concerning United States personnel involved in the Korean
conflict who remain not accounted for and to obtain from
North Korea any remains of such personnel.
(c) Commission.--The President shall give serious
consideration to establishing a joint working level
commission with North Korea, consistent with the
recommendations of the Select Committee on POW/MIA Affairs of
the Senate set forth in the final report of the committee,
dated January 13, 1993, to resolve the remaining issues
relating to United States personnel who became prisoners of
war or missing in action during the Korean conflict.
SEC. 1036. DISCLOSURE OF INFORMATION CONCERNING UNACCOUNTED
FOR UNITED STATES PERSONNEL FROM THE KOREAN
CONFLICT, THE VIETNAM ERA, AND THE COLD WAR.
Section 1082 of the National Defense Authorization Act for
Fiscal Years 1992 and 1993 (Public Law 102-190; 50 U.S.C. 401
note) is amended--
(1) in subsection (a), by striking out paragraph (2) and
inserting in lieu thereof the following:
``(2) Paragraph (1) applies to any record, live-sighting
report, or other information in the custody of the official
custodian referred to in subsection (d)(3) that may pertain
to the location, treatment, or condition of (A) United States
personnel who remain not accounted for as a result of service
in the Armed Forces or other Federal Government service
during the Korean conflict, the Vietnam era, or the Cold War,
or (B) their remains.'';
(2) in subsection (c)--
(A) by striking out the first sentence in paragraph (1) and
inserting in lieu thereof the following: ``In the case of
records or other information originated by the Department of
Defense, the official custodian shall make such records and
other information available to the public pursuant to this
section not later than September 30, 1995.'';
(B) in paragraph (2), by striking out ``after March 1,
1992,''; and
(C) in paragraph (3), by striking out ``a Vietnam-era POW/
MIA who may still be alive in Southeast Asia,'' and inserting
in lieu thereof ``any United States personnel referred to in
subsection (a)(2) who remain not accounted for but who may
still be alive in captivity,'';
(3) by striking out subsection (d) and inserting in lieu
thereof the following:
``(d) Definitions.--For purposes of this section:
``(1) The terms `Korean conflict' and `Vietnam era' have
the meanings given those terms in section 101 of title 38,
United States Code.
``(2) The term `Cold War' means the period from the end of
World War II to the beginning of the Korean conflict and the
period from the end of the Korean conflict to the beginning
of the Vietnam era.
``(3) The term `official custodian' means--
``(A) in the case of records, reports, and information
relating to the Korean conflict or the Cold War, the
Archivist of the United States; and
``(B) in the case of records, reports, and information
relating to the Vietnam era, the Secretary of Defense.''; and
(4) by striking out the section heading and inserting:
``SEC. 1082. DISCLOSURE OF INFORMATION CONCERNING UNACCOUNTED
FOR UNITED STATES PERSONNEL OF THE COLD WAR,
THE KOREAN CONFLICT, AND THE VIETNAM ERA.''.
Subtitle E--Miscellaneous Reporting Requirements
SEC. 1041. ANNUAL REPORT ON DENIAL, REVOCATION, AND
SUSPENSION OF SECURITY CLEARANCES.
(a) In General.--The Secretary of Defense shall submit to
Congress, not later than 90 days after the close of each of
fiscal years 1995 through 2000, a report concerning the
denial, revocation, or suspension of security clearances for
Department of Defense military and civilian personnel, and
for Department of Defense contractor employees, for that
fiscal year.
(b) Matter To Be Included in Report.--The Secretary shall
include in each such report the following information with
respect
[[Page 1659]]
to the fiscal year covered by the report (shown separately
for members of the Armed Forces, civilian officers and
employees of the Department of Defense, and employees of
contractors of the Department of Defense):
(1) The number of denials, revocations, and suspensions of
a security clearance, including clearance for special access
programs and for sensitive compartmented information.
(2) For cases involving the denial or revocation of a
security clearance, the average period from the date of the
initial determination and notification to the individual
concerned of the denial or revocation of the clearance to the
date of the final determination of the denial or revocation,
as well as the shortest and longest period in such cases.
(3) For cases involving the suspension of a security
clearance, the average period from the date of the initial
determination and notification to the individual concerned of
the suspension of the clearance to the date of the final
determination of the suspension, as well as the shortest and
longest period of such cases.
(4) The number of cases in which a security clearance was
suspended in which the resolution of the matter was the
restoration of the security clearance, and the average period
for such suspensions.
(5) The number of cases (shown only for members of the
Armed Forces and civilian officers and employees of the
Department of Defense) in which an individual who had a
security clearance denied or revoked remained a member of the
Armed Forces or a civilian officer or employee, as the case
may be, at the end of the fiscal year.
(6) The number of cases in which an individual who had a
security clearance suspended, and in which no final
determination had been made, remained a member of the Armed
Forces, a civilian officer or employee, or an employee of a
contractor, as the case may be, at the end of the fiscal
year.
(7) The number of cases in which an appeal was made from a
final determination to deny or revoke a security clearance
and, of those, the number in which the appeal resulted in the
granting or restoration of the security clearance.
SEC. 1042. REPORT ON USE OF LOW-ENRICHED URANIUM AS FUEL FOR
NAVAL NUCLEAR REACTORS.
(a) Requirement of Report.--Not later than June 1, 1995,
the Secretary of the Navy shall submit to the Committees on
Armed Services of the Senate and House of Representatives a
report on the use of low-enriched uranium (instead of highly-
enriched uranium) as fuel for naval nuclear reactors.
(b) Contents of Report.--The report shall include an
assessment of the following:
(1) The advantages and disadvantages of the use of low-
enriched uranium (instead of highly-enriched uranium) as fuel
for naval nuclear reactors.
(2) The effects of such use on the following:
(A) Operating performance, ship displacement, and reactor
core life, including the full range of plausible trade-offs
among operating performance, ship displacement, and reactor
core life that may result from such use.
(B) Construction costs and operating costs.
(C) Naval fuel cycles.
(D) Policies of the United States for the nonproliferation
of nuclear weapons, including the proposal of the President
for a global ban on the production of fissile materials for
weapons.
(3) The implications of such use for current and future
United States nuclear-powered naval vessels.
(4) The complexity and effectiveness of safeguards under
naval fuel cycles for low-enriched uranium in relation to the
complexity and effectiveness of safeguards under naval fuel
cycles for highly-enriched uranium.
(5) The risk of theft or diversion of low-enriched uranium
under naval fuel cycles for low-enriched uranium in relation
to the risk of theft or diversion of highly-enriched uranium
under naval fuel cycles for highly-enriched uranium.
(6) The potential savings that might be achieved, and the
potential additional costs that might be incurred, as a
result of the use of low-enriched uranium instead of highly-
enriched uranium as fuel for naval nuclear reactors.
(7) Any additional information that the Secretary of the
Navy considers to be appropriate.
Subtitle F--Congressional Findings, Policies, Commendations, and
Commemorations
SEC. 1051. SENSE OF CONGRESS CONCERNING COMMENDATION OF
INDIVIDUALS EXPOSED TO MUSTARD AGENTS DURING
WORLD WAR II TESTING ACTIVITIES.
(a) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense should issue to each individual
described in subsection (b) a commendation in honorary
recognition of the individual's special service, loyalty, and
contribution to the United States.
(b) Covered Individuals.--Individuals referred to in
subsection (a) are those individuals who, as members of the
Armed Forces or employees of the Department of War during
World War II, were exposed (without their knowledge or
consent) to mustard agents in connection with testing
performed by the Department of War during that war.
(c) Notification of Exposure.--The Secretary of Defense
shall notify each surviving individual described in
subsection (b) of--
(1) the exposure described in subsection (b);
(2) the possible health effects of the exposure that are
known to the Secretary; and
(3) the likely options available to the individual for
medical treatment for any adverse health effects resulting
from the exposure.
(d) Furnishing of Information to Secretary of Veterans
Affairs.--The Secretary of Defense shall provide to the
Secretary of Veterans Affairs any information of the
Department of Defense regarding the exposure described in
subsection (b), including the names of the individuals
described in subsection (b).
SEC. 1052. USS INDIANAPOLIS (CA-35): GALLANTRY, SACRIFICE AND
A DECISIVE MISSION TO END WW II.
(a) Findings.--Congress makes the following findings:
(1) The USS INDIANAPOLIS served the people of the United
States with valor and distinction throughout World War II in
action against enemy forces in the Pacific Theater of
Operations from 7 December 1941 to 29 July 1945.
(2) The fast and powerful heavy cruiser with its courageous
and capable crew, compiled an impressive combat record during
her victorious forays across the battle-torn reaches of the
Pacific, receiving in the process ten hard-earned Battle
Stars from the Aleutians to Okinawa.
(3) This mighty ship repeatedly proved herself a swift,
hard-hitting weapon of our Pacific Fleet, rendering
invaluable service in anti-shipping, shore bombardments,
anti-air and invasion support roles, and serving with honor
and great distinction as Fifth Fleet Flagship under Admiral
Raymond Spruance, USN, and Third Fleet Flagship under Admiral
William F. Halsey, USN.
(4) This gallant ship, owing to her superior speed and
record of accomplishment, transported the world's first
operational atomic bomb to the Island of Tinian,
accomplishing her mission at a record average speed of 29
knots.
(5) Following the accomplishment of her mission, the
INDIANAPOLIS departed Tinian for Guam and, thereafter,
embarked from Guam for the Leyte Gulf where she was to join
with the fleet assembling for the invasion of Japan.
(6) At 0014 hours on 30 July 1945, the USS INDIANAPOLIS was
sunk by enemy torpedo action.
(7) Of the approximately 900 members of her crew of 1,198
officers and men who survived the initial torpedo attack,
only 319 were eventually rescued because, as a result of the
ship's communication ability having been destroyed in the
attack, the sinking of the USS INDIANAPOLIS was not
discovered for five fateful days, during which the survivors
suffered incessant shark attacks, starvation, desperate
thirst, and exposure.
(8) From her participation in the earliest offensive
actions in the Pacific in World War II to becoming the last
capital ship lost in that conflict, the USS INDIANAPOLIS and
her crew left an indelible imprint on our nation's struggle
to eventual victory.
(9) This selfless and outstanding performance of duty
reflects great credit upon the ship and her crew, thus
upholding the very highest traditions of the United States
Navy.
(b) Recognition and Commendation.--Congress, acting on
behalf of the grateful people of the United States, hereby--
(1) recognizes the invaluable contributions of the USS
INDIANAPOLIS to the ending of World War II; and
(2) on the occasion of the 50th Anniversary of her tragic
sinking, and the dedication of her National Memorial in
Indianapolis on July 30th, 1995, commends this gallant ship
and her crew for selfless and heroic service to the United
States of America.
Subtitle G--Other Matters
SEC. 1061. INCREASED AUTHORITY TO ACCEPT VOLUNTARY SERVICES.
(a) Expansion of Authority.--The text of section 1588 of
title 10, United States Code, is amended to read as follows:
``(a) Authority To Accept Services.--Subject to subsection
(b) and notwithstanding section 1342 of title 31, the
Secretary concerned may accept from any person the following
services:
``(1) Voluntary medical services, dental services, nursing
services, or other health-care related services.
``(2) Voluntary services to be provided for a museum or a
natural resources program.
``(3) Voluntary services to be provided for programs
providing services to members of the armed forces and the
families of such members, including the following programs:
``(A) Family support programs.
``(B) Child development and youth services programs.
``(C) Library and education programs.
``(D) Religious programs.
``(E) Housing referral programs.
``(F) Programs providing employment assistance to spouses
of such members.
``(G) Morale, welfare, and recreation programs, to the
extent not covered by another subparagraph of this paragraph.
``(b) Requirements and Limitations.--(1) The Secretary
concerned shall notify the person of the scope of the
services accepted.
``(2) With respect to a person providing voluntary services
accepted under subsection (a), the Secretary concerned
shall--
``(A) supervise the person to the same extent as the
Secretary would supervise a compensated employee providing
similar services; and
``(B) ensure that the person is licensed, privileged, has
appropriate credentials, or is otherwise qualified under
applicable law or regulations to provide such services.
``(3) With respect to a person providing voluntary services
accepted under subsection (a), the Secretary concerned may
not--
[[Page 1660]]
``(A) place the person in a policy-making position; or
``(B) except as provided subsection (e), compensate the
person for the provision of such services.
``(c) Authority To Recruit and Train Persons Providing
Services.--The Secretary concerned may recruit and train
persons to provide voluntary services accepted under
subsection (a).
``(d) Status of Persons Providing Services.--(1) Subject to
paragraph (3), while providing voluntary services accepted
under subsection (a) or receiving training under subsection
(c), a person, other than a person referred to in paragraph
(2), shall be considered to be an employee of the Federal
Government only for purposes of the following provisions of
law:
``(A) Subchapter I of chapter 81 of title 5 (relating to
compensation for work-related injuries).
``(B) Section 2733 of this title and chapter 171 of title
28 (relating to claims for damages or loss).
``(C) Section 522a of title 5 (relating to maintenance of
records on individuals).
``(D) Chapter 11 of title 18 (relating to conflicts of
interest).
``(2) Subject to paragraph (3), while providing a
nonappropriated fund instrumentality of the United States
with voluntary services accepted under subsection (a), or
receiving training under subsection (c) to provide such an
instrumentality with services accepted under subsection (a),
a person shall be considered an employee of that
instrumentality only for the following purposes:
``(A) Subchapter II of chapter 81 of title 5 (relating to
compensation of nonappropriated fund employees for work-
related injuries).
``(B) Section 2733 of this title and chapter 171 of title
28 (relating to claims for damages or loss).
``(3) A person providing voluntary services accepted under
subsection (a) shall be considered to be an employee of the
Federal Government under paragraph (1) or (2) only with
respect to services that are within the scope of the services
so accepted.
``(4) For purposes of determining the compensation for
work-related injuries payable under chapter 81 of title 5
(pursuant to this subsection) to a person providing voluntary
services accepted under subsection (a), the monthly pay of
the person for such services shall be deemed to be the amount
determined by multiplying--
``(A) the average monthly number of hours that the person
provided the services, by
``(B) the minimum wage determined in accordance with
section 6(a)(1) of the Fair Labor Standards Act of 1938 (29
U.S.C. 206(a)(1)).
``(e) Reimbursement of Incidental Expenses.--The Secretary
concerned may provide for reimbursement of a person for
incidental expenses incurred by the person in providing
voluntary services accepted under subsection (a). The
Secretary shall determine which expenses are eligible for
reimbursement under this subsection. Any such reimbursement
may be made from appropriated or nonappropriated funds.''.
(b) Pilot Program.--(1) The Secretary of Defense shall
conduct a pilot program, for not less than six months, to
accept voluntary services under the authority provided in
section 1588 of title 10, United States Code, as amended by
subsection (a). The purpose of the pilot program shall be to
evaluate the policies and procedures of the Department of
Defense for the acceptance of voluntary services under such
section. The pilot program shall involve a variety of
services, programs, and locations.
(2) The Secretary may not accept voluntary services under
section 1588 of title 10, United States Code (other than
services that may have been accepted under such section
before the date of the enactment of this Act), and may not
issue regulations to implement the amendment to such section
made by subsection (a), until after the termination of the
pilot program.
(3) Not later than 60 days after the termination of the
pilot program, the Secretary shall submit to the Committees
on Armed Services of the Senate and House of Representatives
a report on the results of the pilot program.
(c) Conforming Amendment.--Section 8171(a) of title 5,
United States Code, is amended by inserting ``, or to a
volunteer providing such an instrumentality with services
accepted under section 1588 of title 10,'' after ``described
by section 2105(c) of this title''.
SEC. 1062. CIVIL AIR PATROL.
(a) Provision of Funds.--Subsection (b) of section 9441 of
title 10, United States Code, is amended--
(1) by redesignating paragraphs (8), (9), (10), and (11) as
paragraphs (9), (10), (11), and (12), respectively; and
(2) by inserting after paragraph (7) the following new
paragraph (8):
``(8) provide funds for the national headquarters of the
Civil Air Patrol, including funds for the payment of staff
compensation and benefits, administrative expenses, travel,
per diem and allowances, rent and utilities, and other
operational expenses;''.
(b) Liaisons.--Such section is further amended by adding at
the end the following new subsection:
``(d)(1) The Secretary of the Air Force may authorize the
Civil Air Patrol to employ, as administrators and liaison
officers, persons retired from service in the Air Force whose
qualifications are approved under regulations prescribed by
the Secretary and who request such employment.
``(2) A person employed pursuant to paragraph (1) may
receive the person's retired pay and an additional amount for
such employment that is not more than the difference between
the person's retired pay and the pay and allowances the
person would be entitled to receive if ordered to active duty
in the grade in which the person retired from service in the
Air Force. The additional amount shall be paid to the Civil
Air Patrol by the Secretary from funds appropriated for that
purpose.
``(3) A person employed pursuant to paragraph (1) may not,
while so employed, be considered to be on active duty or
inactive-duty training for any purpose.''.
SEC. 1063. PROHIBITION ON THE PURCHASE OF SURETY BONDS AND
OTHER GUARANTEES FOR THE DEPARTMENT OF DEFENSE.
(a) Prohibition.--Subchapter I of chapter 134 of title 10,
United States Code, as amended by section 372, is further
amended by adding at the end the following new section:
``Sec. 2248. Purchase of surety bonds: prohibition
``Funds appropriated or otherwise made available to the
Department of Defense for fiscal years 1995 through 1999 may
not be obligated or expended for the purchase of surety bonds
or other guarantees of financial responsibility in order to
guarantee the performance of any direct function of the
Department of Defense.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``2248. Purchase of surety bonds: prohibition.''.
SEC. 1064. REVISION OF AUTHORITY FOR USE OF NAVY
INSTALLATIONS TO PROVIDE PRERELEASE EMPLOYMENT
TRAINING TO NONVIOLENT OFFENDERS IN STATE PENAL
SYSTEMS.
(a) Sources of Training.--Subsection (b) of section 1374 of
the National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160; 107 Stat. 1821; 10 U.S.C. 5013 note) is
amended--
(1) by striking out the subsection caption and inserting in
lieu thereof ``Sources of Training.--''; and
(2) by inserting before the period at the end the
following: ``or may provide such training directly at such
installations by agreement with the State concerned''.
(b) Liability and Indemnification.--Subsection (e) of such
section is amended to read as follows:
``(e) Liability and Indemnification.--(1) The Secretary may
not enter into a cooperative agreement under subsection (b)
with a nonprofit organization for the participation of that
organization in the demonstration project unless the
agreement includes provisions that the nonprofit organization
shall--
``(A) be liable for any loss or damage to Federal
Government property that may result from, or in connection
with, the provision of prerelease employment training by the
organization under the demonstration project; and
``(B) hold harmless and indemnify the United States from
and against any suit, claim, demand, action, or liability
arising out of any claim for personal injury or property
damage that may result from or in connection with the
demonstration project.
``(2) The Secretary may not enter into an agreement under
subsection (b) with the State concerned for the provision of
prerelease employment training directly by the Secretary
unless the agreement with the State concerned includes
provisions that the State shall--
``(A) be liable for any loss or damage to Federal
Government property that may result from, or in connection
with, the provision of the training except to the extent that
the loss or damage results from a wrongful act or omission of
Federal Government personnel; and
``(B) hold harmless and indemnify the United States from
and against any suit, claim, demand, action, or liability
arising out of any claim for personal injury or property
damage that may result from, or in connection with, the
provision of the training except to the extent that the
personal injury or property damage results from a wrongful
act or omission of Federal Government personnel.''.
SEC. 1065. DEMONSTRATION PROJECT FOR USE OF ARMY
INSTALLATIONS TO PROVIDE PRERELEASE EMPLOYMENT
TRAINING TO NONVIOLENT OFFENDERS IN STATE PENAL
SYSTEMS.
(a) Demonstration Project Authorized.--The Secretary of the
Army may conduct a demonstration project to test the
feasibility of using Army facilities to provide employment
training to nonviolent offenders in a State penal system
before their release from incarceration. The demonstration
project shall be limited to not more than three military
installations under the jurisdiction of the Secretary.
(b) Sources of Training.--The Secretary may enter into a
cooperative agreement with one or more private, nonprofit
organizations for purposes of providing at the military
installations included in the demonstration project the
prerelease employment training authorized under subsection
(a) or may provide such training directly at such
installations by agreement with the State concerned.
(c) Use of Facilities.--Under a cooperative agreement
entered into under sub-
[[Page 1661]]
section (b), the Secretary may lease or otherwise make
available to a nonprofit organization participating in the
demonstration project at a military installation included in
the demonstration project any real property or facilities at
the installation that the Secretary considers to be
appropriate for use to provide the prerelease employment
training authorized under subsection (a). Notwithstanding
section 2667(b)(4) of title 10, United States Code, the use
of such real property or facilities may be permitted with or
without reimbursement.
(d) Acceptance of Services.--Notwithstanding section 1342
of title 31, United States Code, the Secretary may accept
voluntary services provided by persons participating in the
prerelease employment training authorized under subsection
(a).
(e) Liability and Indemnification.--(1) The Secretary may
not enter into a cooperative agreement under subsection (b)
with a nonprofit organization for the participation of that
organization in the demonstration project unless the
agreement includes provisions that the nonprofit organization
shall--
(A) be liable for any loss or damage to Federal Government
property that may result from, or in connection with, the
provision of prerelease employment training by the
organization under the demonstration project; and
(B) hold harmless and indemnify the United States from and
against any suit, claim, demand, action, or liability arising
out of any claim for personal injury or property damage that
may result from or in connection with the demonstration
project.
(2) The Secretary may not enter into an agreement under
subsection (b) with the State concerned for the provision of
prerelease employment training directly by the Secretary
unless the agreement with the State concerned includes
provisions that the State shall--
(A) be liable for any loss or damage to Federal Government
property that may result from, or in connection with, the
provision of the training except to the extent that the loss
or damage results from a wrongful act or omission of Federal
Government personnel; and
(B) hold harmless and indemnify the United States from and
against any suit, claim, demand, action, or liability arising
out of any claim for personal injury or property damage that
may result from, or in connection with, the provision of the
training except to the extent that the personal injury or
property damage results from a wrongful act or omission of
Federal Government personnel.
(f) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report evaluating the success of the demonstration project
and containing such recommendations with regard to the
termination, continuation, or expansion of the demonstration
project as the Secretary considers appropriate.
SEC. 1066. INTERAGENCY PLACEMENT PROGRAM FOR FEDERAL
EMPLOYEES AFFECTED BY REDUCTIONS IN FORCE.
(a) Study and Report.--(1) The Director of the Office of
Personnel Management shall conduct a study on the feasibility
of establishing a mandatory interagency placement program for
Federal employees affected by reductions in force.
(2) For purposes of paragraph (1), an interagency placement
program is a program that provides a system to require the
offering of a position in an agency to an employee of another
agency affected by a reduction in force if--
(A) the position cannot be filled through a placement
program of the agency in which the position is located;
(B) the employee to whom the offer is made is qualified for
the offered position; and
(C) the geographic location of the offered position is
within the commuting area of--
(i) the residence of the employee; or
(ii) the employee's present or last-held position.
(3) The Director shall carry out this subsection in
consultation with the Secretary of Defense.
(4) The Director shall seek comments from the heads of all
appropriate Federal agencies in conducting the study required
by paragraph (1).
(5) Not later than six months after the date of the
enactment of this Act, the Director shall submit to Congress
a report on the results of the study required by paragraph
(1) and on any action taken by the Director under subsection
(b).
(b) Agreements To Establish Interagency Placement
Program.--(1) The Director may establish a Government-wide
interagency placement program for Federal employees affected
by reductions in force if, during the 6-month period
beginning on the date of the enactment of this Act, the
Director, in consultation with the Secretary of Defense,
determines that such a program is feasible. To carry out the
program, the Director may enter into an agreement with the
head of each agency that agrees to participate in the
program. If the Director establishes a program under this
subsection, it is not necessary that the program be an
interagency placement program within the meaning of
subsection (a)(2).
(2) If the Director establishes a program pursuant to
paragraph (1), the report required by subsection (a)(5) shall
identify each agency that does not agree to participate in
the program and the reasons of the head of that agency for
not agreeing to participate.
(c) Definitions.--For purposes of this section:
(1) The term ``agency'' means an Executive agency as
defined in section 105 of title 5, United States Code, except
that such term does not include the General Accounting
Office.
(2) The term ``Federal employees affected by reductions in
force'' means Federal employees who are separated, or are
scheduled to be separated, from service under a reduction in
force pursuant to--
(A) regulations prescribed under section 3502 of title 5,
United States Code; or
(B) procedures established under section 3595 of such
title.
SEC. 1067. NATIONAL MUSEUM OF HEALTH AND MEDICINE.
(a) Purpose.--It is the purpose of this section--
(1) to display and interpret the collections of the Armed
Forces Institute of Pathology currently located at Walter
Reed Medical Center;
(2) to designate the public facility of the Armed Forces
Institute of Pathology as the National Museum of Health and
Medicine; and
(3) to designate a site for the relocation of the public
facility of the National Museum of Health and Medicine so
that it may serve as a central resource of instruction about,
and be involved in, the critical health issues which confront
all American citizens.
(b) Designation and Site of Facility.--The public facility
of the Armed Forces Institute of Pathology--
(1) shall also be known as the National Museum of Health
and Medicine; and
(2) shall be located on or near the Mall on land owned by
the Federal Government or the District of Columbia (or both)
in the District of Columbia.
(c) Rule of Construction.--Nothing in this section shall be
construed as limiting the authority or responsibilities of
the National Capital Planning Commission or the Commission of
Fine Arts.
(d) Definition.--As used in this section, the term ``the
Mall'' means--
(1) the land designated as ``Union Square'', United States
Reservation 6A; and
(2) the land designated as the ``Mall'', United States
Reservations 3, 4, 5, and 6.
(e) Sense of the Congress.--
(1) Findings.--Congress makes the following findings:
(A) The National Museum of Health and Medicine Foundation,
Inc. (a private, nonprofit organization having for its
primary purpose the relocation to the Mall and revitalization
of the National Museum of Health and Medicine), the Armed
Forces Institute of Pathology, and the Public Health Service
have jointly supported planning to relocate the Museum to a
site on land that is located east of and adjacent to the
Hubert H. Humphrey Building (100 Independence Avenue,
Southwest, in the District of Columbia).
(B) The National Museum of Health and Medicine Foundation,
Inc., is deserving of the encouragement and support of the
American people in its effort to relocate the National Museum
of Health and Medicine to a site on land the is located east
of and adjacent to the Hubert H. Humphrey Building, and in
its effort to raise funds for a revitalized Museum to inspire
increasing numbers of Americans to lead healthy lives through
improved public understanding of health and the medical
sciences.
(2) Location.--It is the sense of Congress that, subject to
appropriate approvals by the National Capital Planning
Commission and the Commission of Fine Arts, the National
Museum of Health and Medicine should be relocated to a site
on land that is located east of and adjacent to the Hubert H.
Humphrey Building for the purpose of educating the American
public concerning health and the medical sciences.
SEC. 1068. ASSIGNMENTS OF EMPLOYEES BETWEEN FEDERAL AGENCIES
AND FEDERALLY FUNDED RESEARCH AND DEVELOPMENT
CENTERS.
(a) Authority.--Section 3371(4) of title 5, United States
Code, is amended--
(1) by striking out ``or'' at the end of subparagraph (B);
(2) by striking out the period at the end of subparagraph
(C) and inserting in lieu thereof ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) a federally funded research and development
center.''.
(b) Provisions Governing Assignments.--Section 3372 of
title 5, United States Code, is amended by adding at the end
the following new subsection:
``(e) Under regulations prescribed pursuant to section 3376
of this title--
``(1) an assignment of an employee of a Federal agency to
an other organization or an institution of higher education,
and an employee so assigned, shall be treated in the same way
as an assignment of an employee of a Federal agency to a
State or local government, and an employee so assigned, is
treated under the provisions of this subchapter governing an
assignment of an employee of a Federal agency to a State or
local government, except that the rate of pay of an employee
assigned to a federally funded research and development
center may not exceed the rate of pay that such employee
would be paid for continued service in the position in the
Federal agency from which assigned; and
``(2) an assignment of an employee of an other organization
or an institution of higher education to a Federal agency,
and an em-
[[Page 1662]]
ployee so assigned, shall be treated in the same way as an
assignment of an employee of a State or local government to a
Federal agency, and an employee so assigned, is treated under
the provisions of this subchapter governing an assignment of
an employee of a State or local government to a Federal
agency.''.
SEC. 1069. REVIEW OF THE BOTTOM UP REVIEW AND THE FUTURE YEAR
DEFENSE PROGRAM AND ESTABLISHMENT OF NEW
FUNDING REQUIREMENTS AND PRIORITIES.
(a) Findings.--Congress finds as follows:
(1) United States defense policy is to maintain the
capability to fight and win two major regional contingencies
nearly simultaneously.
(2) The Secretary of Defense conducted the Bottom Up Review
during 1993 to structure the Armed Forces for the Post-Cold
War period.
(3) The United States military force structure has shrunk
dramatically since the 1991 Persian Gulf War and some
critical force enhancements will not be deployed for several
years.
(4) The Secretary of Defense (in testimony before the
Committee on Armed Services of the Senate on February 2,
1994) stated that under current inflation assumptions the
Department of Defense's Future Years Defense Program includes
approximately $20,000,000,000 more in program funding
requests for fiscal years 1996 through 1999 than the defense
funding levels projected for the President's budget for those
years.
(5) The Secretary of the Navy (in testimony before the
Committee on Armed Services of the Senate on March 8, 1994)
stated that by 1999 the Department of the Navy will operate
only 330 ships, rather than the 346 ships projected in the
report on the Bottom Up Review.
(6) The Secretary of Defense, in his January 1994 Annual
Report to the President and Congress, reported that the Air
Force will field approximately 100 heavy bombers, rather than
the ``up to 184'' assumed in the report on the Bottom Up
Review.
(7) The plans of the Department of Defense for a major
regional contingency in the Far East call for up to 5 Army
divisions and the plans for a major regional contingency in
Southwest Asia call for up to 7 Army divisions, while the
report on the Bottom Up Review plans for an Army of 10 active
divisions and at least 15 enhanced-readiness Army National
Guard brigades.
(8) The President's budget for fiscal year 1995 assumes the
Department of Defense will save at least $6,000,000,000 from
procurement reform.
(9) The first and second rounds of the Base Realignment and
Closure Commission have not yet achieved the level of savings
initially estimated, and the 1995 base closure round may cost
significantly more than is assumed in the President's budget.
(10) United States forces are presently involved in
humanitarian relief efforts in or around Rwanda, in a number
of air and maritime operations relating to the United Nations
operations in Bosnia, and in a variety of operations relating
to Iraq, Haiti, Somalia, and Macedonia.
(11) United States forces may be called upon in the future
to conduct additional humanitarian and relief missions.
(12) United States forces may be called upon to conduct
even more significant operations to enforce a peace agreement
in Bosnia and to facilitate the departure from Haiti of the
military leadership.
(13) Many of the forces that are participating in these
other-than-war or nontraditional operations would be required
early on in the event of one or more major regional
contingencies.
(14) There are inevitable tradeoffs among spending on force
structure, readiness, modernization, personnel, pay, and
quality of life.
(b) Sense of Congress.--In light of the findings in
subsection (a), it is the sense of Congress that--
(1) within 30 days after enactment of this Act, the
Secretary of Defense should initiate a review of the
assumptions and conclusions of the President's budget, the
report on the Bottom Up Review, and the Future Years Defense
Program, such review to include consideration of the various
other-than-war or nontraditional operations in which the
United States forces are or may be participating;
(2) not more than 180 days after the review is initiated,
the Secretary should submit to the President and Congress a
report which--
(A) describes in detail the force structure required to
fight and win two major regional contingencies nearly
simultaneously in light of other ongoing or potential
operations;
(B) may also address possible changes in national security
planning or programs, including revised alliance
arrangements, increased reliance on reserve component forces,
or adjustments to the national military strategy; and
(C) includes an evaluation of an Army configured as 12
active duty divisions, a number of which would be rounded out
with National Guard combat units;
(3) not more than 60 days after receipt of the report from
the Secretary of Defense, the President should submit to
Congress a report detailing the steps the President intends
to take to meet the force structure described in the
Secretary's report;
(4) future-years defense budgets submitted to Congress by
the President should reflect the funding level necessary to
support the force structure described in the report;
(5) funding for national defense for fiscal years 1995
through 1997 should be established at a level sufficient to
support a force structure adequate to meet a two-war strategy
and to ensure that the United States does not have a hollow
force;
(6) the force structure to meet the requirements of a two-
war strategy represents the minimum level which should be
maintained unless the strategy is modified;
(7) whenever possible and consistent with the safety of
United States personnel, in deploying military forces in
support of operations other than war or other nontraditional
operations, the President should seek to use forces other
than those identified for early deployment in the event of
one or more major regional contingencies; and
(8) the President should be willing to increase defense
spending if required to meet new or existing threats.
SEC. 1070. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States
Code, is amended as follows:
(1) Section 113(e)(2) is amended by striking out ``section
104'' and inserting in lieu thereof ``section 108''.
(2) Section 133a(b) is amended by inserting ``and
Technology'' before ``in the performance of''.
(3) Section 580a(a) is amended by striking out ``the date
of the enactment of this section'' and inserting in lieu
thereof ``November 30, 1993,''.
(4) The section 1058 added by section 551(a) of Public Law
103-160 (107 Stat. 1661) is amended in subsection (d) by
striking out ``subject to this chapter'' and inserting in
lieu thereof ``subject to the Uniform Code of Military
Justice (chapter 47 of this title)''.
(5)(A) The section 1058 added by section 554(a) of Public
Law 103-160 (107 Stat. 1663) is redesignated as section 1059.
(B) The item relating to that section in the table of
sections at the beginning of chapter 53 is revised to conform
to the redesignation made by subparagraph (A).
(6)(A) The section 1058 added by section 1433(b) of Public
Law 103-160 (107 Stat. 1834) is redesignated as section 1060.
(B) The item relating to that section in the table of
sections at the beginning of chapter 53 is revised to conform
to the redesignation made by subparagraph (A).
(7) Section 1151(h)(3)(B)(v) is amended by inserting
``school'' after ``For the fifth''.
(8)(A) The heading of section 1482a is amended so that the
first letter of the fifth word is lower case.
(B) The item relating to that section in the table of
sections at the beginning of chapter 75 is revised to conform
to the amendment made by subparagraph (A).
(9) Section 2172(a)(3) is amended--
(A) by striking out ``health education assistance loan''
and inserting in lieu thereof ``health professions education
loan'';
(B) by striking out ``part C'' and inserting in lieu
thereof ``part A''; and
(C) by striking out ``42 U.S.C. 294'' and inserting in lieu
thereof ``42 U.S.C. 292''.
(10) Section 2350j is amended--
(A) in subsection (a), by inserting a comma after
``Secretary of State'' the second place it appears; and
(B) in subsection (f), by striking out ``the'' after
``shall submit to''.
(11) Section 2399 is amended--
(A) in subsection (b)(5) and (c)(1), by striking out
``section 138(a)(2)(B)'' and inserting in lieu thereof
``section 139(a)(2)(B)'';
(B) in subsection (g), by striking out ``section 138'' and
inserting in lieu thereof ``section 139''; and
(C) in subsection (h)(1), by striking out ``section
138(a)(2)(A)'' and inserting in lieu thereof ``section
139(a)(2)(A)''.
(12) Section 2502(d) is amended by striking out
``Executive'' and inserting in lieu thereof ``executive''.
(13)(A) Section 2540, as added by subsection (a) of section
822 of Public Law 103-160 (107 Stat. 1705), and section 2541,
as added by subsection (b) of that section, are redesignated
as sections 2539a and 2539b, respectively.
(B) The items relating to those sections in the table of
sections at the beginning of subchapter V of chapter 148 are
revised to conform to the redesignations made by subparagraph
(A).
(14) Section 2865(a)(4) is amended by adding a period at
the end.
(15) Sections 3022(a)(1), 5025(a)(1), and 8022(a)(1) are
amended by striking out ``section 137(c)'' and inserting in
lieu thereof ``section 135(c)''.
(16) The item relating to section 3082 in the table of
sections at the beginning of chapter 307 (as added by section
521(b) of Public Law 103-160 (107 Stat. 1655)) is amended by
striking out ``3082.'' the second place it appears.
(17) Section 9021(c)(1) is amended by striking out ``after
the end of the 90-day period beginning on the date of the
enactment of this section'' and inserting in lieu thereof
``after February 27, 1990''.
(b) Public Law 103-160.--Effective as of November 30, 1993,
and as if included therein as enacted, the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160)
is amended as follows:
(1) Section 507(d)(3) (107 Stat. 1647) is amended by
inserting ``note'' after ``10 U.S.C. 1293''.
(2) Section 524(c) (107 Stat. 1657) is amended by inserting
``his'' in the first quoted matter therein after
``termination of''.
(3) Section 551(a)(1) (107 Stat. 1661) is amended by
striking out ``Section'' and inserting in lieu thereof
``Chapter''.
(4) Section 554(a)(2) (107 Stat. 1666) is amended by
striking out ``inserting after the
[[Page 1663]]
item relating to section 1056'' and inserting in lieu thereof
``adding at the end''.
(5) Section 554(b) (107 Stat. 1666) is amended--
(A) in paragraph (1), by striking out ``Section 1058 of
title 10, United States Code, as added by subsection (a),''
and inserting in lieu thereof ``The section of title 10,
United States Code, added by subsection (a)(1)''; and
(B) in paragraph (2), by striking out ``1058''.
(6) Section 713(a)(1) (107 Stat. 1689) is amended by
striking out ``third party'' in the first quoted matter
therein and inserting in lieu thereof ``third-party''.
(7) Section 931(c)(1) (107 Stat. 1734) is amended by
inserting close quotation marks before the period at the end.
(8) Section 931(f) (107 Stat. 1734) is amended--
(A) by striking out ``Public Law 101-180'' in paragraphs
(1) and (2) and inserting in lieu thereof ``Public Law 100-
180''; and
(B) by inserting ``1305(b)'' in paragraph (3) after ``Such
section''.
(9) Section 1001(a) (107 Stat. 1742) is amended by adding
close quotation marks and a period at the end.
(10) Section 1314(3) (107 Stat. 1786) is amended by
striking out ``adding at the end'' and inserting in lieu
thereof ``inserting after subsection (f)''.
(11) Section 1333(e)(4)(B)(i) (107 Stat. 1799) is amended
by inserting a close parenthesis before the semicolon.
(12) Section 2854(1) (107 Stat. 1908) is amended by
striking out ``the'' in the second quoted matter therein.
(13) Section 2902(a)(2) (107 Stat. 1911) is amended by
striking out ``Section 204(b)(7)(A)(ii)'' and inserting in
lieu thereof ``Subparagraph (A)(i) of section 204(b)(7)''.
(14) Section 2912(b)(2) (107 Stat. 1925) is amended by
striking out ``section 637(d)(1)'' and inserting in lieu
thereof ``section 8(d)(1)''.
(15) Section 2926(d) (107 Stat. 1932) is amended by
striking out ``Subsection (d)(1)(2)(C)(iii)'' and inserting
in lieu thereof ``Subsection (d)(2)(C)(iii)''.
(16) Section 3159(a) (107 Stat. 1956) is amended--
(A) in paragraph (1), by inserting a close parenthesis
after ``(15 U.S.C. 637(d)''; and
(B) in paragraph (3)--
(i) by inserting a close parenthesis after ``(20 U.S.C.
1135d-5(3))''; and
(ii) by inserting a close parenthesis after ``(20 U.S.C.
1059c(b)(1))''.
(c) Public Law 102-484.--Effective as of October 23, 1992,
and as if included therein as enacted, the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484)
is amended as follows:
(1) Section 1505(e)(2) (22 U.S.C. 5859a(e)(2) is amended by
striking out ``and under subsection (d)(4)''.
(2) Section 3161 (42 U.S.C. 7274h; 106 Stat. 2644) is
amended--
(A) by striking out ``work force'' each place it appears in
subsections (a), (c), and (d) and inserting in lieu thereof
``workforce'';
(B) by striking out ``WORK FORCE'' in the heading and
inserting in lieu thereof ``WORKFORCE''; and
(C) by striking out ``Part D'' in subsection (c)(6)(B) and
inserting in lieu thereof ``division D''.
(3) Section 3302 (106 Stat. 2649) is amended by striking
out ``Bauxite, Refactory'' in the table in subsection (a) and
inserting in lieu thereof ``Bauxite, Refractory''.
(4) Section 3315 (106 Stat. 2654) is amended by inserting
``of 1950'' after ``Defense Production Act'' the first place
it appears.
(d) Other Laws.--
(1) Section 921 of Public Law 102-190 (10 U.S.C. 201 note;
105 Stat. 1452) is amended by striking out ``section
136(b)(3)'' in subsection (a) and inserting in lieu thereof
``section 138(b)(3)''.
(2) Section 2903(c)(6) of Public Law 101-510 (10 U.S.C.
2687 note) is amended by striking out ``House or
Representatives'' and inserting in lieu thereof ``House of
Representatives''.
(3) Section 653(b)(2) of Public Law 100-456 (10 U.S.C. 1448
note) is amended by striking out ``section 411(a)'' and
inserting in lieu thereof ``section 1311(a)''.
(4) Section 4(c) of Public Law 92-425 (10 U.S.C. 1448 note)
is amended by striking out ``section 3112'' and ``section
541(b)'' and inserting in lieu thereof ``section 5312'' and
``section 1541(b)'', respectively.
(5) Section 709 of title 32, United States Code, is
amended--
(A) in subsection (e)(6), by striking out ``thirty days
prior to'' and inserting in lieu thereof ``30 days before'';
and
(B) in subsection (g)(2), by striking out ``clause (1) of
this subsection'' and inserting in lieu thereof ``paragraph
(1)''.
(6) Section 908(c) of title 37, United States Code, is
amended by striking out ``section 1058'' and inserting in
lieu thereof ``section 1060''.
(7) Section 182(a) of Public Law 103-236 (108 Stat. 418) is
amended by striking out ``section 1058, title 10, United
States Code, before the date of enactment of this Act,'' and
inserting in lieu thereof ``section 1060 of title 10, United
States Code, before April 30, 1994,''.
(8) Subchapter II of chapter 81 of title 5, United States
Code, is amended as follows:
(A) Section 8171 is amended--
(i) in subsection (a)--
(I) by striking out ``Chapter 18 of title 33'' in the first
sentence and inserting in lieu thereof ``The Longshore and
Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.)'';
(II) by striking out ``section 902(2) of title 33'' in the
first sentence and inserting in lieu thereof ``section 2(2)
of such Act (33 U.S.C. 902(2))''; and
(III) by striking out ``section 903(a) of title 33 which
follows the first comma'' in the second sentence and
inserting in lieu thereof ``section 3(a) of such Act (33
U.S.C. 903(3)) which follows the second comma'';
(ii) in subsection (b), by striking out ``section 902(4) of
title 33'' and inserting in lieu thereof ``section 2(4) of
the Longshore and Harbor Workers' Compensation Act (33 U.S.C.
902(4))'';
(iii) in subsection (c)(1), by striking out ``section
939(b) of title 33'' and inserting in lieu thereof ``39(b) of
the Longshore and Harbor Workers' Compensation Act (33 U.S.C.
939(b))''; and
(iv) in subsection (d), by striking out ``sections 918 and
921 of title 33'' and inserting in lieu thereof ``sections 18
and 21 of the Longshore and Harbor Workers' Compensation Act
(33 U.S.C. 18 and 21, respectively)''.
(B) Sections 8172 and 8173 are amended by striking out
``section 902(2) of title 33'' and inserting in lieu thereof
``section 2(2) of the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 2(2))''.
(e) References in Title 10 to Sections of Title 38.--Title
10, United States Code, is amended as follows:
(1) Section 706(c) is amended by striking out ``section
4321'' and inserting in lieu thereof ``section 4301''.
(2) Section 708(c)(2) is amended by striking out ``section
1421'' and inserting in lieu thereof ``section 3021''.
(3) Section 1450 is amended by striking out ``section
411(a)'' in subsections (c) and (k)(1) and inserting in lieu
thereof ``section 1311(a)''.
(4) Section 1451(c)(2) is amended by striking out ``section
411(a)'' and inserting in lieu thereof ``section 1311(a)''.
(5) Section 1457(c)(3) is amended by striking out ``section
411'' and inserting in lieu thereof ``section 1311''.
(6) Section 2006(b)(2) is amended by striking out ``section
1415(c)'', ``section 1411'', and ``section 1421(b)'' and
inserting in lieu thereof ``section 3015(d)'', ``section
3011'', and ``section 3021(b)'', respectively.
(7) Section 2184(1) is amended by striking out ``section
1724'' and inserting in lieu thereof ``section 3524''.
(8) Section 2641(c) is amended by striking out ``section
5011(g)(5)'' and inserting in lieu thereof ``section
8111(g)(5)''.
(9) Section 2679(a) is amended by striking out ``section
3402'' and inserting in lieu thereof ``section 5902''.
(f) Clarification of Applicability of Limitation Relating
to Contracted Advisory and Assistance Services.--Section 2399
of title 10, United States Code, is amended in subsection
(e)(3)(B) by striking out ``solely as a representative of''
and inserting in lieu thereof ``solely in testing for''.
(g) Procurement of Aeronautical Supplies for Experimental
Purposes.--Section 2373(a) of title 10, United States Code,
is amended by striking out ``and chemical activity
supplies,'' and inserting in lieu thereof ``chemical
activity, and aeronautical supplies,''.
(h) Coordination With Other Provisions of This Act.--For
purposes of applying amendments made by provisions of this
Act other than this section, this section shall be treated as
having been enacted immediately before the other provisions
of this Act.
SEC. 1071. AUTHORIZATION TO EXCHANGE CERTAIN ITEMS FOR
TRANSPORTATION SERVICES.
Paragraph (1) of section 2572(b) of title 10, United States
Code, is amended by inserting ``transportation,'' after
``salvage,''.
SEC. 1072. AIR NATIONAL GUARD FIGHTER AIRCRAFT FORCE
STRUCTURE.
(a) Findings.--Congress makes the following findings:
(1) The reduction in the total number of Air Force general
purpose fighter wings being implemented as part of the
changes in the force structure of the Air Force pursuant to
the proposals in the report on the Bottom Up Review conducted
by the Secretary of Defense during 1993 includes reduction in
the number of Air National Guard and Air Force Reserve
fighter wings from 10 to 7.
(2) The plan (as of the date of the enactment of this Act)
for implementing that reduction in the number of Air National
Guard and Air Force Reserve fighter wings is to reduce the
number of fighter aircraft designated as being in the Primary
Aircraft Inventory category that are authorized for each Air
National Guard fighter unit from 24 or 18 aircraft to 15
aircraft and to convert some Air National Guard fighter units
to other purposes.
(3) The Commission on Roles and Missions of the Armed
Forces (established by section 952 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
10 U.S.C. 111 note; 107 Stat. 1738)) is required under
section 954(b) of that Act to submit to Congress a report on
possible changes to existing allocations among the Armed
Forces of military roles, missions, and functions.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the number of Air National Guard Combat Readiness
Training Centers in operation during fiscal year 1995 should
not be less than the number of such centers in operation at
the end of fiscal year 1994; and
(2) the report referred to in subsection (a)(3) should
contain a review of, and recommendations on, the assignment
of roles and missions to units of the Air National Guard and
the Air Force Reserve in relation
[[Page 1664]]
to active component units that are the counterparts to those
units and on requirements for resources for training of those
units.
(c) Requirement.--(1) After receiving the report referred
to in subsection (a)(3), the Secretary of Defense shall
review the findings of the Commission set forth in that
report on the role and requirements for general purpose
fighter units of the Air National Guard.
(2) Not later than 30 days after receiving the report, the
Secretary shall submit to Congress a report on the
appropriate level of aircraft authorized in the Primary
Aircraft Inventory of the Air Force for general purpose
fighter units of the Air National Guard. The report shall
include the plans of the Secretary for providing in a timely
manner the funding levels necessary to support the level of
such aircraft determined appropriate by the Secretary, if
additional funding would be required to achieve and maintain
that level of such aircraft.
SEC. 1073. SENSE OF CONGRESS CONCERNING VISAS FOR HIGH-LEVEL
OFFICIALS OF TAIWAN.
It is the sense of Congress that no visa should be denied
for a high-level official of Taiwan to enter the United
States unless the official is otherwise excludable under the
immigration laws of the United States.
SEC. 1074. DEFENSE MAPPING AGENCY.
(a) Unauthorized Use of Name.--Chapter 167 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2797. Unauthorized use of Defense Mapping Agency name,
initials, or seal
``(a) No person may, except with the written permission of
the Secretary of Defense, knowingly use the words `Defense
Mapping Agency', the initials `DMA', the seal of the Defense
Mapping Agency, or any colorable imitation of such words,
initials, or seal in connection with any merchandise, retail
product, impersonation, solicitation, or commercial activity
in a manner reasonably calculated to convey the impression
that such use is approved, endorsed, or authorized by the
Secretary of Defense.
``(b) Whenever it appears to the Attorney General that any
person is engaged or about to engage in an act or practice
which constitutes or will constitute conduct prohibited by
subsection (a), the Attorney General may initiate a civil
proceeding in a district court of the United States to enjoin
such act or practice. Such court shall proceed as soon as
practicable to hearing and determination of such action and
may, at any time before such final determination, enter such
restraining orders or prohibitions, or take such other action
as is warranted, to prevent injury to the United States or to
any person or class of persons for whose protection the
action is brought.''.
(b) Limitation on Liability Relating to Navigational
Aids.--Chapter 167 of such title, as amended by subsection
(a), is further amended by adding at the end the following
new section:
``Sec. 2798. Civil actions barred
``(a) Claims Barred.--No civil action may be brought
against the United States on the basis of the content of a
navigational aid prepared or disseminated by the Defense
Mapping Agency.
``(b) Navigational Aids Covered.--Subsection (a) applies
with respect to a navigational aid in the form of a map, a
chart, or a publication and any other form or medium of
product or information in which the Defense Mapping Agency
prepares or disseminates navigational aids.''.
(c) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2797. Unauthorized use of Defense Mapping Agency name, initials, or
seal.
``2798. Civil actions barred.''.
(d) Effective Date.--Section 2798 of title 10, United
States Code, as added by subsection (b), shall take effect on
the date of the enactment of this Act and shall apply with
respect to (1) civil actions brought before such date that
are pending adjudication on such date, and (2) civil actions
brought on or after such date.
SEC. 1075. LIMITATION REGARDING TELECOMMUNICATIONS
REQUIREMENTS
(a) Limitation.--No funds available to the Department of
Defense or any other Executive agency may be expended to
provide for meeting Department of Defense telecommunications
requirements through the telecommunications procurement known
as ``FTS-2000'' or through any other Government-wide
telecommunications procurement until--
(1) the Secretary of Defense submits to the Congress a
report containing--
(A) a certification by the Secretary that the FTS-2000
procurement or the other telecommunications procurement will
provide assured, secure telecommunications support (including
associated telecommunications services) for Department of
Defense activities; and
(B) a description of how the procurement will be
implemented and managed to meet defense information
infrastructure requirements, including requirements to
support deployed forces and intelligence activities; and
(2) 30 days elapse after the date on which such report is
received by the committees.
(b) Definitions.--In this section:
(1) The term ``defense telecommunications requirements''
means requirements for telecommunications equipment and
services that, if procured by the Department of Defense,
would be exempt from the requirements of section 111 of the
Federal Property and Administrative Services Act of 1949 (40
U.S.C. 759) pursuant to section 2315 of title 10, United
States Code.
(2) The term ``Executive agency'' has the meaning given
such term in section 105 of title 5, United States Code.
(3) The term ``procurement'' has the meaning given such
term in section 4 of the Office of Federal Procurement Policy
Act (41 U.S.C. 403).
(c) Effect on Other Law.--Nothing in this section may be
construed as modifying or superseding, or as intended to
impair or restrict authorities or responsibilities under--
(1) section 111 of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 759); or
(2) section 620 of Public Law 103-123.
TITLE XI--DEFENSE CONVERSION, REINVESTMENT, AND TRANSITION ASSISTANCE
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Defense Conversion,
Reinvestment, and Transition Assistance Amendments of 1994''.
SEC. 1102. FUNDING OF DEFENSE CONVERSION, REINVESTMENT, AND
TRANSITION ASSISTANCE PROGRAMS FOR FISCAL YEAR
1995.
(a) Funding.--Of the amounts authorized to be appropriated
pursuant to this Act for the Department of Defense for fiscal
year 1995, the sum of $3,090,808,000 shall be available from
the sources specified in subsection (b) for defense
conversion, reinvestment, and transition assistance programs.
(b) Sources of Funds.--The amount set forth in subsection
(a) shall be derived from the following sources in amounts as
follows:
(1) $7,500,000 of the amounts authorized to be appropriated
pursuant to title I.
(2) $2,190,408,000 of the amounts authorized to be
appropriated pursuant to title II.
(3) $892,900,000 of the amounts authorized to be
appropriated pursuant to title III.
(c) Definition.--For purposes of this section, the term
``defense conversion, reinvestment, and transition assistance
programs'' includes the following programs and activities of
the Department of Defense:
(1) The programs and activities authorized by the Defense
Conversion, Reinvestment, and Transition Assistance Act of
1992 (division D of Public Law 102-484; 106 Stat. 2658) and
the amendments made by that Act.
(2) The programs and activities authorized by the Defense
Conversion, Reinvestment, and Transition Assistance
Amendments of 1993 (title XIII of Public Law 103-160; 107
Stat. 1783) and the amendments made by that Act.
(3) The programs and activities authorized by this title
and the amendments made by this title.
Subtitle A--Defense Technology and Industrial Base, Defense
Reinvestment, and Defense Conversion
SEC. 1111. FUNDING OF DEFENSE TECHNOLOGY REINVESTMENT
PROGRAMS FOR FISCAL YEAR 1995.
(a) Funds Available.--Of the amount authorized to be
appropriated under section 201 and specified in section
1102(b)(2) as a source of funds for defense conversion,
reinvestment, and transition assistance programs,
$751,000,000 shall be available for activities described in
the defense reinvestment program elements of the budget of
the Department of Defense for fiscal year 1995.
(b) Allocation of Funds.--The funds made available under
subsection (a) shall be allocated as follows:
(1) $245,000,000 shall be available for defense dual-use
critical technology partnerships under section 2511 of title
10, United States Code.
(2) $96,000,000 shall be available for commercial-military
integration partnerships under section 2512 of such title.
(3) $80,000,000 shall be available for assistance of
defense regional technology alliances under section 2513 of
such title.
(4) $30,000,000 shall be available for defense advanced
manufacturing technology partnerships under section 2522 of
such title.
(5) $25,000,000 shall be available for assistance of
manufacturing extension programs under section 2523 of such
title.
(6) $24,000,000 shall be available for defense
manufacturing engineering education grants under section 2196
of such title.
(7) $10,000,000 shall be available for grants under section
2198 of such title to United States institutions of higher
education and other United States not-for-profit
organizations to support the management training program in
Japanese language and culture.
(8) $50,000,000 shall be available for the maritime
technology development program under section 1352(c)(2) of
the National Shipbuilding and Shipyard Conversion Act of 1993
(subtitle D of title XIII of Public Law 103-160; 10 U.S.C.
2501 note).
(9) $35,000,000 shall be available for the agile
manufacturing/enterprise integration program.
(10) $30,000,000 shall be available for the advanced
materials synthesis and processing partnership program.
(11) $55,000,000 shall be available for the defense dual-
use extension program under section 2524 of title 10, United
States Code, of which--
(A) $5,000,000 shall be used for provision of assistance
pursuant to subsection (c)(3) of such section; and
(B) $50,000,000 shall be available to cover the costs (as
defined in section 502(5) of the Federal Credit Reform Act of
1990 (2 U.S.C. 661a(5))) of loan guarantees issued pursuant
to subsection (b)(3) of such section.
[[Page 1665]]
(12) $10,000,000 shall be available for the Federal Defense
Laboratory Diversification Program under section 2519 of
title 10, United States Code, as added by section 1113(a).
(13) $50,000,000 shall be available for the Navy
Reinvestment Program under section 2520 of such title, as
added by section 1113(b).
(c) Availability of Funds for Fiscal Year 1994 Technology
Reinvestment Projects.--Funds allocated under paragraphs (1)
through (6) of subsection (b) to the defense reinvestment
programs described in such paragraphs may also be used to
make awards for technology reinvestment projects that were
solicited under such programs in fiscal year 1994.
SEC. 1112. SUPPORT FOR TECHNOLOGIES WITH APPLICABILITY FOR
LAW ENFORCEMENT AND MILITARY OPERATIONS OTHER
THAN WAR.
(a) Support Authorized.--Using funds made available under
subsection (b), the Secretary of Defense shall support the
Memorandum of Understanding entered into between the
Department of Defense and the Department of Justice on April
20, 1994, for the development, rapid deployment, and
transition of technologies with applicability for law
enforcement and military operations other than war. Such
support may include support for national law enforcement
technology centers of the National Institute of Justice.
(b) Funding for Fiscal Year 1995.--To carry out subsection
(a), there shall be available to the Secretary $41,000,000,
of which--
(1) $11,000,000 shall be derived from the amount authorized
to be appropriated under section 201 and specified in section
1102(b) as a source of funds for defense conversion,
reinvestment, and transition assistance programs; and
(2) $30,000,000 shall be derived from the amount authorized
to be appropriated under section 201(4) for the tactical
technology and experimental evaluation of major innovative
technology programs elements of the budget of the Department
of Defense for fiscal year 1995.
SEC. 1113. FEDERAL DEFENSE LABORATORY DIVERSIFICATION AND
NAVY REINVESTMENT IN THE TECHNOLOGY AND
INDUSTRIAL BASE.
(a) Federal Defense Laboratory Diversification Program.--
Subchapter III of chapter 148 of title 10, United States
Code, is amended by inserting at the end thereof the
following new section:
``Sec. 2519. Federal Defense Laboratory Diversification
Program
``(a) Establishment of Program.--The Secretary of Defense
shall conduct a program in accordance with this section for
the purpose of promoting cooperation between Department of
Defense laboratories and industry on research and development
of dual-use technologies in order to further the national
security objectives set forth in section 2501(a) of this
title.
``(b) Partnerships.--(1) The Secretary shall provide for
the establishment under the program of cooperative
arrangements (hereinafter in this section referred to as
`partnerships') between a Department of Defense laboratory
and eligible firms and nonprofit research corporations
referred to in section 2511(b) of this title. A partnership
may also include one or more additional Federal laboratories,
institutions of higher education, agencies of State and local
governments, and other entities, as determined appropriate by
the Secretary.
``(2) For purposes of this section, a federally funded
research and development center shall be considered a
Department of Defense laboratory if the center is sponsored
by the Department of Defense.
``(c) Assistance Authorized.--(1) The Secretary may make
grants, enter into con-
tracts, enter into cooperative agreements and other
transactions pursuant to section 2371 of this title, and
enter into cooperative research and development agreements
under section 12 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a) in order to
establish partnerships.
``(2) Subject to subsection (d), the Secretary may provide
a partnership with technical and other assistance in order to
facilitate the achievement of the purpose of this section.
``(d) Financial Commitment of Non-Federal Government
Participants.--(1) The Secretary shall ensure that the non-
Federal Government participants in a partnership make a
substantial contribution to the total cost of partnership
activities. The amount of the contribution shall be
commensurate with the risk undertaken by such participants
and the potential benefits of the activities for such
participants.
``(2) The regulations prescribed pursuant to section
2511(c)(2) of this title shall apply to in-kind contributions
made by non-Federal Government participants in a partnership.
``(e) Selection Process.--Competitive procedures shall be
used in the establishment of partnerships.
``(f) Selection Criteria.--The criteria for the selection
of a proposed partnership for establishment under this
section shall include the criteria set forth in section
2511(f) of this title.
``(g) Regulations.--The Secretary shall prescribe
regulations for the purposes of this section.''.
(b) Navy Reinvestment Program.--Such subchapter is further
amended by inserting after section 2519 (as added by
subsection (a)) the following new section:
``Sec. 2520. Navy Reinvestment Program
``(a) Establishment of Program.--The Secretary of the Navy
shall conduct a program in accordance with this section for
the purpose of promoting cooperation between the Department
of the Navy and industry on research and development of dual-
use technologies in order to further the national security
objectives set forth in section 2501(a) of this title.
``(b) Partnerships.--The Secretary shall provide for the
establishment under the program of cooperative arrangements
(hereinafter in this section referred to as `partnerships')
between Department of the Navy entities and eligible firms
and nonprofit research corporations referred to in section
2511(b) of this title. A partnership may also include one or
more Federal laboratories, institutions of higher education,
agencies of State and local governments, and other entities,
as determined appropriate by the Secretary.
``(c) Program Requirements and Administration.--Subsections
(c) through (f) of section 2519 of this title shall apply in
the administration of the program.
``(d) Additional Selection Criteria.--The selection
criteria for a proposed partnership for establishment under
this section shall also include the potential effectiveness
of the partnership in the further development and application
of each technology proposed to be developed by the
partnership for Navy acquisition programs.
``(e) Regulations.--The Secretary shall prescribe
regulations for the purposes of this section.''.
(c) Clerical Amendments.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following:
``2519. Federal Defense Laboratory Diversification Program.
``2520. Navy Reinvestment Program.''.
(d) Definition of Federal laboratory.--Section 2491(5) of
title 10, United States
Code, is amended by inserting before the period at the end
the following: ``, except that such terms include a federally
funded research and development center sponsored by a Federal
agency''.
SEC. 1114. LOAN GUARANTEES UNDER DEFENSE DUAL-USE ASSISTANCE
EXTENSION PROGRAM.
(a) Memorandum of Understanding to Administer Loan
Guarantee Program.--(1) For fiscal year 1995, the Secretary
of Defense may enter into a memorandum of understanding with
the Administrator of the Small Business Administration, the
Administrator of the Economic Development Administration of
the Department of Commerce, or the head of any other Federal
agency having expertise regarding the provision of loan
guarantees, under which such agency may--
(A) process applications for loan guarantees under section
2524(b)(3) of title 10, United States Code, during that
fiscal year;
(B) guarantee repayment of the resulting loans; and
(C) provide any other services to the Secretary to
administer the loan guarantee program under such section
during that fiscal year.
(2) From funds made available for the loan guarantee
program under such section, the Secretary of Defense may
transfer to the agency or agencies that are parties to the
memorandum of understanding such sums as may be necessary for
the agency or agencies to carry out activities under the loan
guarantee program.
(3) The Secretary of Defense shall enter into the
memorandum of understanding authorized by paragraph (1)
within 60 days after the date of the enactment of this Act
for the administration of the loan guarantee program under
such section during fiscal year 1995.
(4) The total amount allocated under section 1111(b)(11)(B)
to cover the costs of loan guarantees during fiscal year 1995
under the loan guarantee program shall be divided between
small business concerns and medium-sized business concerns
(as defined in section 2524(g) of title 10, United States
Code) as follows:
(A) 60 percent for small business concerns.
(B) 40 percent for medium-sized business concerns.
(b) Special Requirements Regarding Loan Guarantees.--
Subsection (e) of section 2524 of title 10, United States
Code, is amended to read as follows:
``(e) Special Requirements Regarding Loan Guarantees.--(1)
The Secretary shall carry out the loan guarantee program
authorized under subsection (b)(3) during any fiscal year for
which funds are specifically made available to cover the
costs of loan guarantees to be issued pursuant to such
subsection.
``(2) In addition to the selection criteria specified in
subsection (f), the selection criteria in the case of the
loan guarantee program under subsection (b)(3) shall also
include the following:
``(A) The extent to which the loans to be guaranteed would
support the retention of defense workers whose employment
would otherwise be permanently or temporarily terminated as a
result of reductions in expenditures by the United States for
defense, the termination or cancellation of a defense
contract, the failure to proceed with an approved major
weapon system, the merger or consolidation of the operations
of a defense contractor, or the closure or realignment of a
military installation.
``(B) The extent to which the loans to be guaranteed would
stimulate job creation and new economic activities in
communities most adversely affected by reductions in
expenditures by the United States for defense,
[[Page 1666]]
the termination or cancellation of a defense contract, the
failure to proceed with an approved major weapon system, the
merger or consolidation of the operations of a defense
contractor, or the closure or realignment of a military
installation.
``(C) The extent to which the loans to be guaranteed would
be used to acquire (or permit the use of other funds to
acquire) capital equipment to modernize or expand the
facilities of the borrower to enable the borrower to remain
in the national technology and industrial base available to
the Department of Defense.
``(3) To be eligible for a loan guarantee under subsection
(b)(3), a borrower must be able to demonstrate to the
satisfaction of the Secretary that at least 25 percent of the
value of the borrower's sales during the preceding fiscal
year were derived from--
``(A) contracts with the Department of Defense or the
defense-related activities of the Department of Energy; or
``(B) subcontracts in support of defense-related prime
contracts.
``(4) The maximum amount of loan principal that the
Secretary may guarantee under the loan guarantee program
during a fiscal year may not exceed--
``(A) $1,250,000, with respect to a small business concern;
and
``(B) $10,000,000 with respect to a medium-sized business
concern.''.
(c) Conforming Amendment.--Subsection (f) of such section
is amended by striking out ``Selection Criteria.--'' and
inserting in lieu thereof the following: ``Selection Process
and Criteria.--Competitive procedures shall be used in the
selection of programs to receive assistance under this
section.''.
SEC. 1115. FINANCIAL COMMITMENT REQUIREMENTS FOR SMALL
BUSINESS CONCERNS FOR PARTICIPATION IN
TECHNOLOGY REINVESTMENT PROJECTS.
(a) Defense Dual-Use Critical Technology Partnerships.--
Section 2511(c) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(3) The Secretary shall consider a partnership proposal
submitted by a small business concern without regard to the
ability of the small business concern to immediately meet its
share of the anticipated partnership costs. Upon the
selection of a partnership proposal submitted by a small
business concern, the small business concern shall have a
period of not less than 120 days in which to arrange to meet
its financial commitment requirements under the partnership
from sources other than a person of a foreign country. If the
Secretary determines upon the expiration of that period that
the small business concern will be unable to meet its share
of the anticipated partnership costs, the Secretary shall
revoke the selection of the partnership proposal submitted by
the small business concern.''.
(b) Commercial-Military Integration Partnerships.--Section
2512(c)(3) of such title is amended by adding at the end the
following new subparagraph:
``(C) The Secretary shall consider a partnership proposal
submitted by a small business concern without regard to the
ability of the small business concern to immediately meet its
share of the anticipated partnership costs. Upon the
selection of a partnership proposal submitted by a small
business concern, the small business concern shall have a
period of not less than 120 days in which to arrange to meet
its financial commitment requirements under the partnership
from sources other than a person of a foreign country. If the
Secretary determines upon the expiration of that period that
the small business concern will be unable to meet its share
of the anticipated partnership costs, the Secretary shall
revoke the selection of the partnership proposal submitted by
the small business concern.''.
(c) Regional Technology Alliances.--Section 2513(e) of such
title is amended by adding at the end the following new
paragraph:
``(4) The Secretary shall consider a proposal for a
regional technology alliance that is submitted by a small
business concern without regard to the ability of the small
business concern to immediately meet its share of the
anticipated costs of the alliance. Upon the selection of a
proposal submitted by a small business concern, the small
business concern shall have a period of not less than 120
days in which to arrange to meet its financial commitment
requirements under the regional technology alliance from
sources other than a person of a foreign country. If the
Secretary determines upon the expiration of that period that
the small business concern will be unable to meet its share
of the anticipated costs, the Secretary shall revoke the
selection of the proposal submitted by the small business
concern.''.
(d) Defense Dual-Use Assistance Extension Programs.--
Section 2524(d) of such title is amended by adding at the end
the following new paragraph:
``(3) The Secretary shall consider a program proposal
submitted by a small business concern without regard to the
ability of the small business concern to immediately meet its
share of the anticipated program costs. Upon the selection of
a proposal submitted by a small business concern, the small
business concern shall have a period of not less than 120
days in which to arrange to meet its financial commitment
requirements under the program from sources other than a
person of a foreign country. If the Secretary determines upon
the expiration of that period that the small business concern
will be unable to meet its share of the anticipated program
costs, the Secretary shall revoke the selection of the
program proposal submitted by the small business concern.''.
(e) Definition of Person of a Foreign Country.--Section
2491 of such title is amended by adding at the end the
following new paragraph:
``(16) The term `person of a foreign country' has the
meaning given such term in section 3502(d) of the Primary
Dealers Act of 1988 (22 U.S.C. 5342(d)).''.
SEC. 1116. CONDITIONS ON FUNDING OF DEFENSE TECHNOLOGY
REINVESTMENT PROJECTS.
(a) Benefits to United States Economy.--In providing for
the establishment or financial support of partnerships and
other cooperative arrangements under chapter 148 of title 10,
United States Code (using funds made available under section
1111(a)), the Secretary of Defense shall ensure that the
principal economic benefits of, and to the extent
practicable, the job creation resulting from, such
partnerships and arrangements accrue to the economy of the
United States.
(b) Use of Competitive Selection Procedures.--Funds made
available under subsection (a) of section 1111 for the
defense technology reinvestment programs described in
subsection (b) of such section, and funds made available
under subsection (b) of section 1112 for the program
described in subsection (a) of such section, shall only be
provided to projects selected using competitive procedures
pursuant to a solicitation incorporating cost-sharing
requirements for the non-Federal Government participants in
the projects.
SEC. 1117. USE OF CERTAIN FUNDS PENDING SUBMISSION OF A
NATIONAL TECHNOLOGY AND INDUSTRIAL BASE
PERIODIC DEFENSE CAPABILITY ASSESSMENT AND A
PERIODIC DEFENSE CAPABILITY PLAN.
(a) Limitation.--Not more than 50 percent of the funds made
available for program element 65104D activities from funds
authorized to be appropriated by this Act may be expended
until the Secretary of Defense submits to Congress--
(1) a national technology and industrial base periodic
defense capability assessment required by section 2505 of
title 10, United States Code; and
(2) a periodic defense capability plan required by section
2506 of such title.
(b) Program Element 65104D Activities Defined.--For
purposes of this section, the program element 65104D
activities referred to in subsection (a) are the activities
described as program element 65104D in the materials
submitted to Congress by the Secretary of Defense in support
of the budget for fiscal year 1995 that was submitted to
Congress pursuant to section 1105(a) of title 31, United
States Code.
SEC. 1118. DOCUMENTATION FOR AWARDS FOR COOPERATIVE
AGREEMENTS OR OTHER TRANSACTIONS UNDER DEFENSE
TECHNOLOGY REINVESTMENT PROGRAMS.
At the time of the award for a cooperative agreement or
other transaction under a program carried out under chapter
148 of title 10, United States Code, the head of the agency
concerned shall include in the file pertaining to such
agreement or transaction a brief explanation of the manner in
which the award advances and enhances a particular national
security objective set forth in section 2501(a) of such title
or a particular policy objective set forth in section 2501(b)
of such title.
SEC. 1119. COMPTROLLER GENERAL ASSESSMENT OF EXTENT TO WHICH
TECHNOLOGY AND INDUSTRIAL BASE PROGRAMS ATTAIN
POLICY OBJECTIVES.
Not later than 180 days after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to Congress an assessment of the extent to which
awards for cooperative agreements and other transactions
under programs carried out under chapter 148 of title 10,
United States Code, have been made specifically to advance
and enhance a particular national security objective set
forth in section 2501(a) of such title or to achieve a
particular policy objective set forth in section 2501(b) of
such title.
Subtitle B--Community Adjustment and Assistance Programs
SEC. 1121. FUNDS FOR ADJUSTMENT AND DIVERSIFICATION
ASSISTANCE FOR STATES AND LOCAL GOVERNMENTS
FROM OFFICE OF ECONOMIC ADJUSTMENT.
Of the amount made available pursuant to section 1102(a),
$54,127,000 shall be available to provide community
adjustment and economic diversification assistance under
section 2391(b) of title 10, United States Code.
SEC. 1122. STUDIES AND PLANS FOR MARKET DIVERSIFICATION.
(a) Form of Community Adjustment and Economic
Diversification.--Section 2391(d) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(3) The terms `community adjustment' and `economic
diversification' include the development of feasibility
studies and business plans for market diversification within
a community adversely affected by an action described in
clause (A), (B), (C), or (E) of subsection (b)(1) by
adversely affected busi-
[[Page 1667]]
nesses and labor organizations located in the community.''.
(b) Funding for Fiscal Year 1995.--Of the amount made
available under section 1121, up to $10,000,000 shall be
available to provide community adjustment and economic
diversification assistance under section 2391(b) of title 10,
United States Code, for the purpose of developing feasibility
studies and business plans. The amount of such funds provided
for such purpose with respect to any adversely affected
community may not exceed $100,000.
SEC. 1123. ADVANCE COMMUNITY ADJUSTMENT AND ECONOMIC
DIVERSIFICATION PLANNING.
(a) Assistance Authorized.--Section 2391(b) of title 10,
United States Code, is amended--
(1) by redesignating paragraphs (5), (6), and (7) as
paragraphs (6), (7), and (8), respectively; and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) The Secretary of Defense may also make grants,
conclude cooperative agreements, and supplement other Federal
funds in order to assist a State or local government in
planning community adjustments and economic diversification
even though the State or local government is not currently
eligible for assistance under paragraph (1) if the Secretary
determines that a substantial portion of the economic
activity or population of the geographic area to be subject
to the advance planning is dependent on defense
expenditures.''.
(b) Conforming Amendments.--Paragraph (8) of such section,
as redesignated by subsection (a)(1), is amended by striking
out ``paragraph (6)'' both places it appears and inserting in
lieu thereof ``paragraph (7)''.
(c) Funding for Fiscal Year 1995.--Of the amount made
available under section 1121, up to $5,000,000 shall be
available to assist advance planning of community adjustments
and economic diversification under paragraph (5) of section
2391(b) of title 10, United States Code, as added by
subsection (a)(2).
Subtitle C--Personnel Adjustment, Education, and Training Programs
SEC. 1131. TEACHER AND TEACHER'S AIDE PLACEMENT PROGRAMS.
(a) Period of Eligibility.--Subsection (c) of section 1151
of title 10, United States Code, is amended--
(1) in paragraph (1)(A), by striking out ``seven-year
period beginning on October 1, 1992,'' and inserting in lieu
thereof ``nine-year period beginning on October 1, 1990,'';
and
(2) by striking out paragraph (4).
(b) Application Period.--Subsection (e)(1) of such section
is amended to read as follows:
``(e) Selection of Participants.--(1) Selection of members
to participate in the placement program authorized by
subsection (a) shall be made on the basis of applications
submitted to the Secretary of Defense on a timely basis. An
application shall be in such form and contain such
information as the Secretary may require. An application
shall be considered to be submitted on a timely basis if the
application is submitted as follows:
``(A) Except as provided in subparagraphs (B) and (C), not
later than one year after the date of the discharge or
release of the applicant from active duty.
``(B) In the case of an applicant discharged or released
from active duty before January 19, 1994, not later than one
year after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1995.
``(C) In the case of an applicant becoming educationally
qualified for teacher placement assistance in accordance with
subsection (c)(2) after the date of the discharge or release
of the applicant from active duty, not later than one year
after the date on which the applicant becomes educationally
qualified.''.
(c) Funding for Fiscal Year 1995.--Of the amount made
available pursuant to section 1102(a), $65,000,000 shall be
available for the teacher and teacher's aide placement
programs authorized by sections 1151, 1598, and 2410j of
title 10, United States Code.
SEC. 1132. ASSISTANCE FOR ELIGIBLE MEMBERS TO OBTAIN
EMPLOYMENT WITH LAW ENFORCEMENT AGENCIES.
(a) Revised Program Authority.--(1) Section 1152 of title
10, United States Code, is amended to read as follows:
``Sec. 1152. Assistance to eligible members and former
members to obtain employment with law enforcement agencies
``(a) Placement Program.--The Secretary of Defense may
enter into an agreement with the Attorney General to
establish or participate in a program to assist eligible
members and former members of the armed forces to obtain
employment as law enforcement officers with eligible law
enforcement agencies following the discharge or release of
such members or former members from active duty. Eligible law
enforcement agencies shall consist of State law enforcement
agencies, local law enforcement agencies, and Indian tribes
that perform law enforcement functions (as determined by the
Secretary of the Interior).
``(b) Eligible Members.--Any individual who, during the 6-
year period beginning on October 1, 1993, is a member of the
armed forces and is separated with an honorable discharge or
is released from service on active duty characterized as
honorable by the Secretary concerned shall be eligible to
participate in a program covered by an agreement referred to
in subsection (a).
``(c) Selection.--In the selection of applicants for
participation in a program covered by an agreement referred
to in subsection (a), preference shall be given to a member
or former member who--
``(1) is selected for involuntary separation, is approved
for separation under section 1174a or 1175 of this title, or
retires pursuant to the authority provided in section 4403 of
the Defense Conversion, Reinvestment, and Transition
Assistance Act of 1992 (division D of Public Law 102-484; 10
U.S.C. 1293 note); and
``(2) has a military occupational specialty, training, or
experience related to law enforcement (such as service as a
member of the military police) or satisfies such other
criteria for selection as the Secretary, the Attorney
General, or a participating eligible law enforcement agency
prescribe in accordance with the agreement.
``(d) Grants To Facilitate Employment.--(1) The Secretary
of Defense may provide funds to the Attorney General for
grants under this section to reimburse participating eligible
law enforcement agencies for costs, including salary and
fringe benefits, of employing members or former members
pursuant to a program referred to in subsection (a).
``(2) No grant with respect to an eligible member or former
member may exceed a total of $50,000.
``(3) Any grant with respect to an eligible member or
former member shall be disbursed within 5 years after the
date of the placement of a member or former member with a
participating eligible law enforcement agency.
``(4) Preference in awarding grants through existing law
enforcement hiring programs shall be given to State or local
law enforcement agencies or Indian tribes that agree to hire
eligible members and former members.
``(e) Administrative Expenses.--Ten percent of the amount,
if any, appropriated for a fiscal year to carry out the
program established pursuant to subsection (a) may be used to
administer the program.
``(f) Requirement for Appropriation.--No person may be
selected to participate in the program established pursuant
to subsection (a) unless a sufficient amount of appropriated
funds is available at the time of the selection to satisfy
the obligations to be incurred by the United States under an
agreement referred to in subsection (a) that applies with
respect to the person.
``(g) Conditional Expansion of Placement to Include
Firefighters.--(1) Subject to paragraph (2), the Secretary
may expand the placement activities authorized by subsection
(a) to include the placement of eligible members and former
members and eligible civilian employees of the Department of
Defense as firefighters or members of rescue squads or
ambulance crews with public fire departments.
``(2) The Secretary may implement the expansion authorized
by this subsection only if the Secretary certifies to
Congress not later than 180 days after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 1995 that such expansion will facilitate
personnel transition programs of the Department of Defense.
The expansion may be made through a program covered by an
agreement referred to in subsection (a), if feasible, or in
such other manner as the Secretary considers appropriate.
``(3) A civilian employee of the Department of Defense
shall be eligible to participate in the expanded placement
activities authorized under this subsection if the employee,
during the six-year period beginning October 1, 1993, is
terminated from such employment as a result of reductions in
defense spending or the closure or realignment of a military
installation, as determined by the Secretary of Defense.''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 58 of title 10, United
States Code, is amended to read as follows:
``1152. Assistance to eligible members and former members to obtain
employment with law enforcement agencies.''.
(b) Funding for Fiscal Year 1995.--(1) Of the amount made
available pursuant to section 1102(a), $25,000,000 shall be
available for the placement of members and former members of
the Armed Forces as law enforcement officers under section
1152 of title 10, United States Code.
(2) Of the amount made available pursuant to section
1102(a), up to $5,000,000 shall be available for the
placement of members and former members of the Armed Forces
and civilian employees of the Department of Defense as
firefighters or members of rescue squads or ambulance crews
with public fire departments under section 1152 of title 10,
United States Code, if the Secretary of Defense makes the
certification required by subsection (g)(2) of such section
within the time period specified in such subsection.
SEC. 1133. PILOT PROGRAM TO PLACE SEPARATED MEMBERS AND
TERMINATED DEFENSE EMPLOYEES IN TEACHING
POSITIONS AS BILINGUAL MATH AND SCIENCE
TEACHERS.
(a) Cooperative Arrangements.--During fiscal year 1995, the
Secretary of Defense shall carry out a pilot program to
establish cooperative arrangements between the Department of
Defense and a consortium of two or more entities described in
subsection (b) for the purpose of assisting bilingual members
of the Armed Forces after their separation from active duty,
and bilingual civilian employees of the Department of Defense
after the termination of their employment, in obtaining
certification and employment
[[Page 1668]]
as bilingual elementary or secondary school teachers in
mathematics or science.
(b) Eligible Entities.--The entities with which the
Secretary of Defense may enter into a cooperative arrangement
under the pilot program are as follows:
(1) Local governments of States that contain military
installations and a high concentration of students who would
benefit from the increased presence of bilingual elementary
or secondary school teachers in mathematics or science.
(2) A consortium of two or more institutions of higher
education that have a demonstrated background, expertise, and
experience in operating bilingual teacher training programs
in mathematics and science with an emphasis in English as a
second language.
(c) Eligible Members and Employees.--(1) A member of the
Armed Forces shall be eligible to participate in a
cooperative arrangement established under the pilot program
if the member--
(A) during the seven-year period beginning on October 1,
1992, is discharged or released from active duty after six or
more years of continuous active duty immediately before the
discharge or release;
(B) has received a baccalaureate or advanced degree from an
accredited institution of higher education;
(C) is bilingual; and
(D) satisfies such other criteria for selection as the
Secretary of Defense may prescribe.
(2) A civilian employee of the Department of Defense shall
be eligible to participate in a cooperative arrangement
established under the pilot program if the employee--
(A) during the five-year period beginning October 1, 1992,
is terminated from such employment as a result of reductions
in defense spending or the closure or realignment of a
military installation, as determined by the Secretary of
Defense;
(B) has received a baccalaureate or advanced degree from an
accredited institution of higher education;
(C) is bilingual; and
(D) satisfies such other criteria for selection as the
Secretary of Defense may prescribe.
(d) Stipend for Participants.--A member of the Armed Forces
or a civilian employee of the Department of Defense who
participates in a cooperative arrangement established under
the pilot program shall be eligible to receive an educational
stipend in the same amount as provided under paragraph (1) of
subsection (g) of section 1151 of title 10, United States
Code, subject to the conditions specified in paragraphs (2)
and (3) of such subsection and section 1598(e)(2) of such
title.
(e) Administrative Costs.--The Secretary of Defense shall
cover the reasonable management costs of the pilot program
incurred by the non-Federal entities participating in the
cooperative arrangements established under the pilot program.
(f) Definitions.--For purposes of this section:
(1) The term ``bilingual'' means the ability to communicate
in both the English and another language.
(2) The term ``State'' includes the District of Columbia,
American Samoa, the Federated States of Micronesia, Guam, the
Republic of the Marshall Islands, the Commonwealth of the
Northern Mariana Islands, the Commonwealth of Puerto Rico,
Palau, and the Virgin Islands.
(g) Funding for Fiscal Year 1995.--Of the amount made
available pursuant to section 1102(a), $5,000,000 shall be
available to the Secretary of Defense to carry out this
section.
SEC. 1134. DEMONSTRATION PROJECT TO ASSIST SEPARATED MEMBERS
AND TERMINATED DEFENSE WORKERS TO BECOME
BUSINESS OWNERS.
(a) Business Ownership Demonstration Project.--During
fiscal year 1995, the Secretary of Defense may carry out a
demonstration project in not more than two eligible
communities to assist separated members of the Armed Forces
and terminated defense workers described in subsection (c)
who reside in such communities to own their own businesses.
The Secretary shall carry out the demonstration project in
consultation with the Secretary of Commerce.
(b) Eligible Communities.--To be eligible for selection by
the Secretary of Defense as a site for the demonstration
project, a community shall meet at least two of the following
conditions:
(1) The local economy is heavily dependent on a defense
contractor that is in the process of terminating a major
defense contract (or having such contract terminated by the
Department of Defense) or closing a major facility.
(2) The local economy may be adversely affected by changes
in the use of a national laboratory previously engaged in the
testing of nuclear weapons.
(3) The local economy would be adversely affected by the
closure of two or more military installations.
(c) Persons Eligible for Assistance.--The following persons
are eligible to participate in the demonstration project to
own their own businesses:
(1) Members of the Armed Forces who are discharged or
released from active duty.
(2) Civilian employees of the Department of Defense who are
terminated from such employment as a result of reductions in
defense spending or the closure or realignment of a military
installation, as determined by the Secretary of Defense.
(3) Employees of defense contractors who are terminated or
laid off (or receive a notice of termination or layoff) as a
result of the completion or termination of a defense contract
or program or reductions in defense spending, as determined
by the Secretary of Defense.
(d) Activities Under Demonstration Project.--Under the
demonstration project, the Secretary of Defense shall--
(1) develop a business plan to establish a facility in each
community in which the demonstration project is conducted to
assist persons described in subsection (c) to own their own
businesses;
(2) conduct a market study to identify markets for the
facility;
(3) develop innovative approaches to capital formation for
the facility and persons described in subsection (c);
(4) conduct a skills assessment study to determine the
number and type of employees needed to operate the facility;
and
(5) analyze the potential to use persons described in
subsection (c) as employees of the facility.
SEC. 1135. DEMONSTRATION PROJECT TO PROMOTE SHIP RECYCLING AS
A METHOD TO ASSIST SEPARATED MEMBERS AND
TERMINATED DEFENSE WORKERS.
(a) Ship Recycling Demonstration Project.--(1) Subject to
paragraph (2), the Secretary of Defense may carry out a
demonstration project in not more than three eligible
locations to assist separated members of the Armed Forces and
terminated defense workers described in subsection (c) to
obtain employment by participating in the establishment and
operation of ship recycling facilities. To carry out the
demonstration project, the Secretary shall seek the
participation of representatives of the ship recycling
industry.
(2) The Secretary of Defense may not implement or carry out
the demonstration project unless the Secretary certifies to
Congress not later than 180 days after the date of the
enactment of this Act that--
(A) the demonstration project will facilitate personnel
transition programs of the Department of Defense; and
(B) activities under the demonstration project will not
disrupt the operations of United States companies that are
engaged in ship recycling and scrapping as of the date of the
enactment of this Act.
(b) Eligible Locations.--A location shall be eligible for
selection by the Secretary of Defense as a site for the
demonstration project if the location contains one or more
military installations that have been selected for closure or
realignment pursuant to a base closure law and such
installations include naval and port facilities. Competitive
procedures shall be used in the selection of locations in
which to conduct the demonstration project.
(c) Persons Assisted Under Demonstration Project.--The
demonstration project is intended to promote the
establishment and operation of ship recycling facilities that
will provide employment for the following persons:
(1) Members of the Armed Forces who are discharged or
released from active duty.
(2) Civilian employees of the Department of Defense who are
terminated from such employment as a result of reductions in
defense spending or the closure or realignment of a military
installation, as determined by the Secretary of Defense.
(3) Employees of defense contractors who are terminated or
laid off (or receive a notice of termination or layoff) as a
result of the completion or termination of a defense contract
or program or reductions in defense spending, as determined
by the Secretary of Defense.
(d) Assistance Authorized.--To carry out the demonstration
project in an eligible location selected by the Secretary,
the Secretary may make grants to, and enter into contracts
and cooperative agreements with, State governments, local
governments, private entities, nonprofit organizations, and
institutions of higher education operating in that location.
(e) Activities Supported.--A government or entity (or group
of entities) receiving assistance under the demonstration
project shall use the assistance to perform, or support the
performance of, any of the following:
(1) Developing a business plan to establish a ship
recycling facility for military and commercial ships
currently in service and projected for future scrapping.
(2) In consultation with the private sector, conducting a
market study of--
(A) the existing private sector capacity to perform ship
recycling;
(B) the utilization of existing ship recycling capacity;
(C) the regional impact on markets for scrap generated from
ship recycling;
(D) the environmental remediation requirements associated
with ship recycling;
(E) the ability to incorporate the private sector into the
ship recycling facilities established pursuant to the
demonstration project; and
(F) such other issues related to ship recycling as the
Secretary considers appropriate.
(3) Conducting a skills assessment study to determine the
number and type of employees needed to operate a ship
recycling facility.
(4) Developing plans for the cost-effective environmental
remediation of ships to be recycled at the facility.
(5) Demonstrating the feasibility of a ship recycling
facility to become financially self-sustaining or projecting
a reasonable time-
[[Page 1669]]
table for the completion of the demonstration project, in
which case the entity shall develop training, skills
enhancement, and career placement programs to assist
employees involved in ship recycling to secure new
occupations and careers.
(6) Supporting regional ship recycling start-up activities.
(7) Analyzing the potential to use persons described in
subsection (c) as employees at a ship recycling facility.
(f) Transfer of Excess Naval Vessels.--The Secretary of
Defense may allocate among the ship recycling facilities
established under the demonstration project excess naval
vessels of the United States for recycling.
(g) Funding for Fiscal Year 1995.--Of the amount made
available pursuant to section 1102(a), $7,500,000 shall be
available to the Secretary of Defense to carry out the
demonstration project if the Secretary of Defense makes the
certification under subsection (a)(2) within the time period
specified in such subsection.
SEC. 1136. ADMINISTRATION AND FUNDING OF DEFENSE
DIVERSIFICATION PROGRAM AND DEFENSE CONVERSION
ADJUSTMENT PROGRAM UNDER JOB TRAINING
PARTNERSHIP ACT.
(a) Defense Diversification Program.--Section 325A of the
Job Training Partnership Act (29 U.S.C. 1662d-1) is amended--
(1) in subsection (a), by striking out ``From the amount''
and all that follows through ``Labor,'' and inserting in lieu
thereof ``From funds made available to carry out this
section, the Secretary, in consultation with the Secretary of
Defense,'';
(2) in subsections (c), (d), (e), (i), (k)(2), (l), and
(m), by striking out ``Secretary of Defense'' each place it
appears and inserting in lieu thereof ``Secretary'';
(3) in subsection (d)(1)(A), by striking out ``in
consultation with the Secretary of Labor,'';
(4) in the heading of subsection (e), by striking out ``by
Secretary of Defense'';
(5) in subsection (k)(1), by striking out ``Secretary of
Defense, in consultation with the Secretary of Labor,'' and
inserting in lieu thereof ``Secretary, in consultation with
the Secretary of Defense,''; and
(6) in subsection (n), by striking out ``Secretary of
Defense, in consultation with the Secretary of Labor,'' and
inserting in lieu thereof ``Secretary, in consultation with
the Secretary of Defense,''.
(b) Defense Conversion Adjustment Program.--Section 325(a)
of the Job Training Partnership Act (29 U.S.C. 1662d(a)) is
amended by striking out ``From the amount appropriated
pursuant to section 4203 of the Defense Economic Adjustment,
Diversification, Conversion, and Stabilization Act of 1990,''
and inserting in lieu thereof ``From funds made available to
carry out this section,''.
SEC. 1137. ASSISTANCE FOR CERTAIN WORKERS DISLOCATED DUE TO
REDUCTIONS BY THE UNITED STATES IN THE EXPORT
OF DEFENSE ARTICLES AND SERVICES.
(a) Assistance Under Defense Conversion Adjustment
Program.--Section 325 of the Job Training Partnership Act (29
U.S.C. 1662d), as amended by section 1136(b), is further
amended--
(1) in subsection (a), by striking out ``or by closures of
United States military facilities'' each place it appears and
inserting in lieu thereof ``, by closures of United States
military facilities, or by reductions in the export of
defense articles and defense services as a result of United
States policy, including reductions in the amount of defense
articles and defense services under agreements to provide
such articles or services or through termination or
completion of any such agreements'';
(2) in subsection (d), by striking out ``or by the closure
of United States military installations'' and inserting in
lieu thereof ``, by closures of United States military
facilities, or by reductions in the export of defense
articles and defense services as a result of United States
policy, including reductions in the amount of defense
articles and defense services under agreements to provide
such articles or services or through termination or
completion of any such agreements''; and
(3) by adding at the end the following new subsection:
``(f) Definition.--For purposes of this section, the term
`defense articles and defense services' means defense
articles, defense services, or design and construction
services under the Arms Export Control Act (22 U.S.C. 2751 et
seq.), including defense articles and defense services
licensed or approved for export under section 38 of that Act
(22 U.S.C. 2778).''.
(b) Assistance Under Defense Diversification Program.--
Section 325A of the Job Training Partnership Act (29 U.S.C.
1662d-1), as amended by section 1136(a), is further amended--
(1) in subsection (b)(3)(A), by striking out ``or the
closure or realignment of a military installation'' and
inserting in lieu thereof ``, the closure or realignment of a
military installation, or reductions in the export of defense
articles and defense services as a result of United States
policy, including reductions in the amount of defense
articles and defense services under agreements to provide
such articles or services or through termination or
completion of any such agreements'';
(2) in subsection (k)(1), by striking out ``or by the
closure of United States military installations'' and
inserting in lieu thereof ``, the closure of United States
military installations, or reductions in the export of
defense articles and defense services as a result of United
States policy, including reductions in the amount of defense
articles and defense services under agreements to provide
such articles or services or through termination or
completion of any such agreements''; and
(3) in subsection (o), by adding at the end the following
new paragraph:
``(3) Defense articles and defense services.--The term
`defense articles and defense services' means defense
articles, defense services, or design and construction
services under the Arms Export Control Act (22 U.S.C. 2751 et
seq.), including defense articles and defense services
licensed or approved for export under section 38 of that Act
(22 U.S.C. 2778).''.
Subtitle D--Other Matters
SEC. 1141. EXTENSION OF ARMAMENT RETOOLING AND MANUFACTURING
SUPPORT INITIATIVE AND ESTABLISHMENT OF ARMS
INITIATIVE LOAN GUARANTEE PROGRAM.
(a) Extension.--Section 193(a) of the Armament Retooling
and Manufacturing Support Act of 1992 (subtitle H of title I
of Public Law 102-484; 10 U.S.C. 2501 note) is amended by
striking out ``fiscal years 1993 and 1994'' and inserting in
lieu thereof ``fiscal years 1993 through 1996''.
(b) Loan Guarantees Under ARMS Initiative.--The Armament
Retooling and Manufacturing Support Act of 1992 (10 U.S.C.
2501 note) is amended--
(1) by redesignating section 195 as section 196; and
(2) by inserting after section 194 the following new
section:
``SEC. 195. ARMS INITIATIVE LOAN GUARANTEE PROGRAM.
(a) Program Authorized.--Subject to subsection (b), the
Secretary of the Army may carry out a loan guarantee program
to encourage commercial firms to use ammunition manufacturing
facilities pursuant to section 193. Under such program, the
Secretary may guarantee the repayment of any loan made to a
commercial firm to fund, in whole or in part, the
establishment of a commercial activity under this subtitle.
``(b) Advanced Budget Authority.--Loan guarantees under
this section may not be committed except to the extent that
appropriations of budget authority to cover their costs are
made in advance, as required by section 504 of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661c).
``(c) Program Administration.--(1) The Secretary may enter
into agreements with the Administrator of the Small Business
Administration or the Administrator of the Farmers Home
Administration, the Administrator of the Rural Development
Administration, or the head of other appropriate agencies of
the Department of Agriculture, under which such
Administrators may, under this section--
``(A) process applications for loan guarantees;
``(B) guarantee repayment of loans; and
``(C) provide any other services to the Secretary to
administer the loan guarantee program.
``(2) Each Administrator may guarantee loans under this
section to commercial firms of any size, notwithstanding any
limitations on the size of applicants imposed on other loan
guarantee programs that the Administrator administers.
``(3) To the extent practicable, each Administrator shall
use the same procedures for processing loan guarantee
applications under this section as the Administrator uses for
processing loan guarantee applications under other loan
guarantee programs that the Administrator administers.
``(d) Loan Limits.--The maximum amount of loan principal
guaranteed during a fiscal year under this section may not
exceed--
``(1) $20,000,000, with respect to any single borrower; and
``(2) $320,000,000 with respect to all borrowers.
``(e) Transfer of Funds.--The Secretary of the Army may
transfer to an Administrator providing services under
subsection (c), and the Administrator may accept, such funds
as may be necessary to administer the loan guarantee program
under this section.
``(f) Reporting Requirement.--Not later than July 1 of each
year in which a guarantee issued under this section is in
effect, the Secretary shall submit to the congressional
defense committees a report specifying the amounts of loans
guaranteed under this section during the preceding calendar
year. No report is required after fiscal year 1997.''.
(c) Authorization for Use of Existing Budget Authority.--Of
the funds appropriated for the Armament Retooling and
Manufacturing Support Initiative by title III of Public Law
102-396 under the heading ``Procurement of Ammunition, Army''
(106 Stat. 1887), up to $43,000,000 may be made available to
cover the costs of loan guarantees issued under section 195
of the Armament Retooling and Manufacturing Support Act of
1992 (as added by subsection (b)(2)), in such amounts as
provided in an appropriations Act enacted after the date of
the enactment of this Act.
SEC. 1142. CHANGES IN NOTICE REQUIREMENTS UPON PENDING OR
ACTUAL TERMINATION OF DEFENSE PROGRAMS.
(a) Time for Notice After Submission of Budget.--Subsection
(a) of section 4471 of the Defense Conversion, Reinvestment,
and Transition Assistance Act of 1992 (division D of Public
Law 102-484; 106 Stat. 2753; 10 U.S.C. 2501 note) is
amended--
(1) by striking out ``As soon as reasonably practicable''
and inserting in lieu thereof ``Not later than 60 days''; and
(2) by striking out ``and not more than 180 days after such
date,''.
[[Page 1670]]
(b) Time for Notice After Enactment of Appropriations
Act.--Subsection (b) of such section is amended--
(1) by striking out ``as soon as reasonably practicable''
and inserting in lieu thereof ``not later than 60 days''; and
(2) by striking out ``and not more than 180 days after such
date,''.
(c) Time for Notice of Withdrawal of Notification.--
Subsection (f)(1) of such section is amended by striking out
``as soon as reasonably practicable'' and inserting in lieu
thereof ``not later than 60 days''.
SEC. 1143. PLAN FOR DEPLOYMENT OF DEFENSE ENVIRONMENTAL
TECHNOLOGIES FOR DREDGING OF DUAL-USE PORTS.
(a) Establishment.--The Secretary of Defense shall
establish a plan for the Department of Defense to encourage
the further development and deployment of existing defense
environmental technologies in support of the dredging
requirements of dual-use ports, including--
(1) the environmentally secure containment and management
of contaminated dredged materials; and
(2) the decontamination of dredged materials.
(b) Matters To Be Included.--The plan to be established
pursuant to subsection (a) shall include the following:
(1) A description of defense reinvestment and defense
conversion programs under chapter 148 of title 10, United
States Code, that are available to facilitate the deployment
of defense environmental technologies in support of the
dredging requirements of dual-use ports.
(2) A description of existing defense environmental
technologies and processes that are available to support the
objectives of the plan to be established pursuant to
subsection (a).
(3) Recommendations for strategies to deploy such
technologies and processes to ports of various sizes,
including--
(A) ports with projects requiring more than 5,000,000 cubic
yards of sediment to be dredged annually;
(B) ports with projects requiring more than 1,000,000 cubic
yards of sediment to be dredged annually;
(C) ports that have been affected by, or are likely to be
affected by, the closure of one or more major military
installations and that, as a result thereof, require
substantial environmental remediation; and
(D) military port installations that have experienced
significant delays in advancing dredging projects because of
environmental compliance or dredged material disposal
problems.
(4) After consultation with the heads of other appropriate
Federal agencies, an assessment of other available
technologies and processes that may be used in support of the
plan to be established pursuant to subsection (a).
(5) An assessment of the potential benefits and methods of
transfer of technologies and processes for use in connection
with dredging processes in commercial ports and waterways.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall
transmit to Congress a report containing the plan to be
established pursuant to subsection (a).
TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
SEC. 1201. COOPERATIVE THREAT REDUCTION PROGRAMS.
For purposes of section 301 and other provisions of this
Act, Cooperative Threat Reduction programs are the programs
described in section 1203(b) of the Cooperative Threat
Reduction Act of 1993 (title XII of Public Law 103-160; 107
Stat. 1778; 22 U.S.C. 5952(b)).
SEC. 1202. EXTENSION OF SEMIANNUAL REPORT ON COOPERATIVE
THREAT REDUCTION PROGRAMS.
Section 1207 of the Cooperative Threat Reduction Act of
1993 (title XII of Public Law 103-60; 107 Stat. 1782) is
amended--
(1) by striking out ``Not later than April 30, 1994, and
not later than October 30, 1994,'' and inserting in lieu
thereof ``Not later than April 30 and not later than October
30 of each year,'';
(2) by striking out ``under this title'' and inserting in
lieu thereof ``under programs described in section 1203(b)'';
and
(3) in paragraph (3), by striking out ``this title'' and
inserting in lieu thereof ``the programs described in section
1203(b)''.
SEC. 1203. REPORT ON ACCOUNTING FOR UNITED STATES ASSISTANCE.
(a) Report.--(1) The Secretary of Defense shall submit to
Congress a report on the efforts made by the United States
(including efforts through the use of audits, examinations,
and on-site inspections) to ensure that assistance provided
under cooperative threat reduction programs is fully
accounted for and that such assistance is being used for its
intended purposes.
(2) The report shall be submitted not later than 90 days
after the date of the enactment of this Act.
(b) Information To Be Included.--The report shall include
the following:
(1) A list of cooperative threat reduction assistance that
has been provided before the date of the report.
(2) A description of the current location of the assistance
provided and the current condition of such assistance.
(3) A determination of whether the assistance has been used
for its intended purpose.
(4) A description of the activities planned to be carried
out during fiscal year 1995 to ensure that cooperative threat
reduction assistance provided during that fiscal year is
fully accounted for and is used for its intended purpose.
(c) Comptroller General Assessment.--Not later than 30 days
after the date on which the report of the Secretary under
subsection (a) is submitted to Congress, the Comptroller
General of the United States shall submit to Congress a
report giving the Comptroller General's assessment of the
report and making any recommendations that the Comptroller
General considers appropriate.
SEC. 1204. REPORT ON CONTROL AND ACCOUNTABILITY OF MATERIAL
RELATING TO WEAPONS OF MASS DESTRUCTION.
The Secretary of Defense shall submit to Congress a report
on progress being made in each state of the former Soviet
Union that is a recipient of assistance under Cooperative
Threat Reduction programs toward the development of an
effective system of control and accountability for material
related to weapons of mass destruction in that country. Under
such a system, officials of the United States and of the
recipient country should have an accurate accounting of the
weapons of mass destruction in that country and the fissile
and chemical materials from those weapons. The report shall
be submitted not later than three months after the date of
the enactment of this Act.
SEC. 1205. MULTIYEAR PLANNING AND ALLIED SUPPORT.
(a) Funding Report to Congress.--The Secretary of Defense
shall submit to Congress a report as described in subsection
(b) on funding for Cooperative Threat Reduction programs with
states of the former Soviet Union. The report shall be
submitted at the time of the transmission to Congress of the
budget justification materials for the funding request in the
fiscal year 1996 budget for such Cooperative Threat Reduction
programs.
(b) Matters To Be Included in Annual Report.--The Secretary
of Defense shall include in the report under subsection (a)
the following:
(1) An estimate of the total amount that will be required
to be expended by the United States in order to achieve the
objectives of Cooperative Threat Reduction programs.
(2) A multiyear plan for the use of amounts and other
resources provided by the United States for Cooperative
Threat Reduction programs and to provide guidance for
preparation of annual budget submissions.
(c) Subsequent Revisions to Report.--The Secretary of
Defense shall submit an updated version of the report under
subsection (a) for any fiscal year after fiscal year 1996 for
which the budget of the President proposes that funds be
appropriated to the Department of Defense for Cooperative
Threat Reduction programs.
(d) Fiscal Year 1995 Limitation.--Of the amount authorized
in section 301 for Cooperative Threat Reduction programs, the
sum of $50,000,000 may not be obligated until the President
certifies to Congress that the United States is making a
concerted effort to ensure that allies of the United States
are increasing their levels of support for activities that
will aid in accomplishing the objectives of the Cooperative
Threat Reduction programs.
SEC. 1206. FUNDING LIMITATIONS ON COOPERATIVE THREAT
REDUCTION PROGRAM FOR FISCAL YEAR 1995.
(a) Program Amounts.--Of the amount authorized to be
appropriated in section 301 for Cooperative Threat Reduction
programs--
(1) not more than $60,000,000 may be obligated for the
demilitarization of defense industries and the conversion of
military technologies and capabilities into civilian
activities;
(2) not more than $200,000,000 may be obligated for Weapons
Dismantlement, Destruction, and Denuclearization;
(3) not more than $60,000,000 may be obligated for Safety
and Security, Transportation, and Storage;
(4) not more than $40,000,000 may be obligated for
Nonproliferation;
(5) not more than $20,000,000 may be obligated for Defense
and Military-to-Military Contacts; and
(6) not more than $20,000,000 may be obligated for other
authorized programs and activities.
(b) Limited Authority To Exceed Individual Limitation
Amounts.--(1) If the Secretary of Defense determines that it
is necessary to do so in the national interest, the Secretary
may, subject to paragraph (2), obligate amounts for the
purposes stated in any of the paragraphs of subsection (a) in
excess of the amount specified for those purposes in that
paragraph. However, the total amount obligated for the
purposes stated in the paragraphs in subsection (a) may not
by reason of the use of the authority provided in the
preceding sentence exceed the sum of the amounts specified in
those paragraphs.
(2) An obligation for the purposes stated in any of the
paragraphs in subsection (a) in excess of the amount
specified in that paragraph may be made using the authority
provided in paragraph (1) only after--
(A) the Secretary submits to Congress a notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
SEC. 1207. REPORT ON OFFENSIVE BIOLOGICAL WARFARE PROGRAM OF
THE STATES OF THE FORMER SOVIET UNION.
(a) Findings.--Congress makes the following findings:
[[Page 1671]]
(1) The United States has identified nonproliferation of
weapons of mass destruction as a high priority in the conduct
of United States national security policy.
(2) The United States is seeking universal adherence to
global regimes that control nuclear, chemical, and biological
weapons and is promoting new measures that provide increased
transparency of biological weapons-related activities and
facilities in an effort to help deter violations of and
enhance compliance with the Biological Weapons Convention.
(3) In early 1992, Russian President Boris Yeltsin
indicated to former United States President George Bush that
Russia still had an offensive biological weapons program.
(4) A United States Government report dated January 19,
1993, on arms control noncompliance noted that Russian
declarations up to that date had dramatically underestimated
the size, scope, and maturity of the former Soviet biological
weapons program.
(5) Despite President Yeltsin's decree of April 11, 1993,
stating that activities in violation of the Biological
Weapons Convention are illegal, questions continue to arise
regarding offensive biological weapons research, development,
testing, production, and storage in Russia as well as in
other countries.
(6) A United States Government report, dated June 23, 1994,
states the following: ``The United States has determined that
the offensive biological warfare program that Russia
inherited from the Soviet Union violated the Biological
Weapons Convention through at least March 1992. The Soviet
offensive biological weapons program was massive, and
included production, weaponization, and stockpiling. The
status of the program since that time remains unclear and the
U.S. remains concerned about the Russian biological warfare
program.''.
(7) The Joint Statement on Biological Weapons issued by
officials of the United States, the United Kingdom, and
Russia on September 14, 1992, confirmed the commitment of the
three governments to full compliance with the Biological
Weapons Convention and outlined steps designed to increase
confidence in that commitment.
(8) The Presidents of Russia and the United States are
scheduled to hold a summit meeting in Washington during the
month of September 1994.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the President should continue to urge all signatories
to the Biological Weapons Convention to comply fully with the
terms of that convention and with other international
agreements relating to the control of biological weapons;
(2) the President should keep the Congress fully and
currently informed regarding any Russian activities related
to offensive biological weapons;
(3) the President should continue to insist that the
Russian Government complete the steps noted and agreed to in
the Joint Statement on Biological Weapons issued by officials
of the United States, the United Kingdom, and Russia on
September 14, 1992;
(4) subsequent meetings of representatives of the United
States, the United Kingdom, and Russia on biological weapons
and the September 1994 summit meeting in Washington provide
opportunities for the President to again emphasize the
importance of resolving the issues related to compliance with
the Biological Weapons Convention;
(5) in assessing the President's fiscal year 1996 budget
request for foreign assistance funds for Russia, and for
other programs and activities to provide assistance to
Russia, including the Cooperative Threat Reduction programs,
Congress will consider United States Government assessments
of Russia's compliance with its obligations under the
Biological Weapons Convention; and
(6) as the President encourages increased transparency of
biological weapons-related activities and facilities to deter
violations of, and enhance compliance with, the Biological
Weapons Convention, the President should also take
appropriate actions to ensure that the United States is
prepared to counter the effects of use of biological weapons
by others.
(c) Presidential Reports.--Not later than February 1, 1995,
not later than June 1, 1995, and not later than October 1,
1995, the President shall submit to Congress a report, in
classified and unclassified forms, containing an assessment
of the extent of compliance of the independent states of the
former Soviet Union with the Biological Weapons Convention
and other international agreements relating to the control of
biological weapons.
(d) Content of Report.--The report shall include the
following:
(1) Matters related to compliance.--
(A) An evaluation of the extent of control and oversight by
the government of the Russian Federation over the former
Soviet military and dual civilian-military biological warfare
programs.
(B) The extent, if any, of the biological warfare agent
stockpile in any of the independent states of the former
Soviet Union.
(C) The extent and scope, if any, of continued biological
warfare research, development, testing, and production by
such states, including the sites and types of activity at
those sites.
(D) An evaluation of the effectiveness of possible delivery
systems of biological weapons, including tube and rocket
artillery, aircraft, and ballistic missiles.
(E) An assessment of measures taken by the Russian
Government to complete the steps noted and agreed to in the
1992 Joint Statement on Biological Weapons referred to in
subsection (b)(3), including a determination of the extent to
which Russia has--
(i) agreed to permit visits to military and nonmilitary
biological sites in order to attempt to resolve ambiguities;
(ii) provided information about biological weapons
dismantlement accomplished to date, and further clarification
of information provided in its United Nations Declarations
regarding biological weapons;
(iii) been cooperative in exchanging information on a
confidential, reciprocal basis concerning past offensive
biological weapons programs not recorded in detail in its
declarations to the United Nations;
(iv) cooperated in reviewing potential additional measures
to monitor compliance with the Biological Weapons Convention
and modalities for testing such measures;
(v) agreed to an examination of the physical infrastructure
of its biological facilities to determine whether there is
specific equipment or excess capacity inconsistent with their
stated purpose;
(vi) helped identify ways to promote cooperation and
investment in the conversion of biological weapons
facilities; and
(vii) agreed to exchanges of scientists at biological
facilities on a long-term basis.
(2) Matters related to united states capabilities.--
(A) An evaluation of United States capabilities to detect
and monitor biological warfare research, development,
testing, production, and storage.
(B) On the basis of the assessment and evaluations referred
to in other provisions of the report, recommendations by the
Secretary of Defense and Chairman of the Joint Chiefs of
Staff for the improvement of United States biological warfare
defense and counter-measures.
(e) Limitation.--Of the amount authorized to be
appropriated by section 301 for Cooperative Threat Reduction
programs, $25,000,000 may not be obligated until the
President submits to Congress the first report required under
subsection (c).
SEC. 1208. COORDINATION OF CERTAIN COOPERATIVE THREAT
REDUCTION PROGRAMS.
(a) Military-to-Military Contact Programs.--(1) None of the
funds authorized to be appropriated in section 301 for
Cooperative Threat Reduction programs may be obligated for
activities under a military-to-military contact program until
the Secretary of Defense and the Secretary of State submit to
Congress a joint report on the coordination of military-to-
military contact programs and comparable activities carried
out under their respective jurisdictions.
(2) The report shall cover the following programs and
activities:
(A) Defense and military-to-military contact programs to be
carried out using funds authorized to be appropriated in
section 301 for Cooperative Threat Reduction programs.
(B) Military-to-military contacts and comparable activities
that are authorized by section 168 of title 10, United States
Code, as added by section 1316.
(C) Programs authorized under chapter 5 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.).
(3) The report shall include a discussion of how the
programs and activities referred to in paragraph (2) are
carried out to maximize--
(A) the effect of such programs and activities in enhancing
United States foreign policy objectives; and
(B) cost-efficiency in the conduct of the programs and
activities.
(b) Report.--Section 1207 of the Cooperative Threat
Reduction Act of 1993 (title XII of Public Law 103-160; 107
Stat. 1777; 22 U.S.C. 5956), is amended by adding at the end
the following new paragraph:
``(5) A description of how all of the activities carried
out under the authority of this title and other laws
providing authority for cooperative threat reduction are
coordinated with similar activities that are carried out
under any other authority, including activities relating to
military-to-military contacts, environmental restoration, and
housing.''.
SEC. 1209. SENSE OF CONGRESS CONCERNING SAFE AND SECURE
DISMANTLEMENT OF SOVIET NUCLEAR ARSENAL.
(a) Findings.--Congress makes the following findings:
(1) It is a pressing national security challenge for the
United States to expedite the safe and secure dismantlement
of the nuclear arsenal of the former Soviet Union.
(2) In particular, it is essential to expedite the return
of strategic nuclear warheads from Ukraine, Belarus, and
Kazakhstan and to expedite the safe and secure dismantlement
of the nuclear delivery vehicles of Ukraine, Belarus, and
Kazakhstan.
(3) Leakage of nuclear materials and technology, and the
continuing threat of emigration of scientists and technicians
from the former Soviet nuclear weapons complex, pose a grave
threat to United States national security and to
international stability.
(4) Congress has authorized so-called ``Nunn-Lugar'' funds
to enable the Department of Defense to carry out cooperative
activities with states of the former Soviet Union to address
the threats described in paragraphs (1), (2), and (3).
(b) Sense of Congress.--In light of the findings in
subsection (a), it is the sense of Congress that--
(1) the Secretary of Defense and the Secretary of State
should continue to give their serious attention to carrying
out a coordinated strategy for addressing the urgent na-
[[Page 1672]]
tional security issues described in subsection (a);
(2) the United States should expedite the availability and
effective application of so-called ``Nunn-Lugar'' funds;
(3) although activities conducted with those funds should,
to the extent feasible, draw upon United States technology
and expertise, the United States should work with local
contractors in Belarus, Kazakhstan, Russia, and Ukraine when
doing so would expedite more effective use of those funds;
and
(4) efforts should be made to make the Science and
Technology Centers in Moscow and Kiev, designed to slow the
emigration of scientists and technicians from the former
Soviet weapons complex, fully operational on an expedited
basis.
TITLE XIII--MATTERS RELATING TO ALLIES AND OTHER NATIONS
Subtitle A--Matters Relating to NATO
SEC. 1301. COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS
WITH NATO ORGANIZATIONS.
(a) Applicability of Existing Authority to NATO
Organizations.--Section 2350a of title 10, United States
Code, is amended in subsections (a), (e)(2), and (i)(1) by
inserting ``or NATO organizations'' after ``major allies of
the United States'' each place it appears.
(b) NATO Organization Defined.--Subsection (i) of such
section is amended by adding at the end the following new
paragraph:
``(4) The term `NATO organization' means any North Atlantic
Treaty Organization subsidiary body referred to in section
2350(2) of this title and any other organization of the North
Atlantic Treaty Organization.''.
SEC. 1302. NORTH ATLANTIC TREATY ORGANIZATION.
(a) Findings.--Congress makes the following findings:
(1) The North Atlantic Treaty Organization has served as a
bulwark of peace, security, and democracy for the United
States and the members of the alliance since 1949.
(2) The unswerving resolve of the member states of the
North Atlantic Treaty Organization to mutual defense against
the threat of communist aggression was central to the demise
of the Warsaw Pact.
(3) The North Atlantic Treaty Organization is the most
successful international security organization in history and
is well suited to help marshal cooperative political,
diplomatic, economic, and humanitarian efforts, buttressed by
credible military capability aimed at deterring conflict, and
thus contributing to international peace and security.
(4) The threat of instability in Eastern and Central
Europe, as well as in the Southern and Eastern Mediterranean,
continues to pose a fundamental challenge to the interests of
the member states of the North Atlantic Treaty Organization.
(5) North Atlantic Treaty Organization assets have been
deployed in recent years for more than the territorial
defense of alliance members, and the Rome Summit of October
1991 adopted a new strategic concept for the North Atlantic
Treaty Organization that entertained the possibility of
operations beyond the alliance's self-defense area.
(6) In Oslo in July 1992, and in Brussels in December 1992,
the alliance embraced the deployment of North Atlantic Treaty
Organization forces to peacekeeping operations under the
auspices of the United Nations or the Conference on Security
and Cooperation in Europe.
(7) The North Atlantic Treaty Organization should attempt
to cooperate with and seek a mandate from international
organizations such as the United Nations when considering
responses to crises outside the alliances's self-defense
area.
(8) Not all members of the international community share a
commonality of interests that would ensure timely action by
the United Nations Security Council.
(9) It is critical that the security interests of the
member countries of the North Atlantic Treaty Organization
not be held hostage to indecision at the United Nations or a
veto by a permanent member of the Security Council.
(b) Sense of Congress.--It is the sense of Congress that--
(1) it should be the policy of the United States that, in
accordance with article 53 of the United Nations Charter, the
North Atlantic Treaty Organization retains the right of
autonomy of action regarding missions in addition to
collective defense should the United Nations Security Council
or the Conference on Security and Cooperation in Europe fail
to act;
(2) while it is desirable to work with other international
organizations and arrangements where feasible in dealing with
threats to the peace, the North Atlantic Treaty Organization
is not an auxiliary to the United Nations or any other
organization; and
(3) the member states of the North Atlantic Treaty
Organization reserve the right to act collectively in defense
of their vital interests.
SEC. 1303. AUTHORIZED END STRENGTH FOR MILITARY PERSONNEL IN
EUROPE.
(a) End Strength.--Paragraph (1) of section 1002(c) of the
Department of Defense Authorization Act, 1985 (22 U.S.C. 1928
note), is amended to read as follows:
``(1) The end strength level of members of the Armed Forces
of the United States assigned to permanent duty ashore in
European member nations of the North Atlantic Treaty
Organization may not exceed a permanent ceiling of
approximately 100,000 in any fiscal year.''.
(b) Exclusion of Certain Island-Based Troops in Calculation
of Authorized End Strength.--Such section is further amended
by adding at the end the following new paragraph:
``(3) For purposes of this subsection, members of the Armed
Forces of the United States assigned to permanent duty ashore
in Iceland, Greenland, and the Azores are excluded in
calculating the end strength level of members of the Armed
Forces assigned to permanent duty ashore in European member
nations of NATO.''.
(c) Conforming Amendment.--Section 1303 of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 106 Stat. 2546) is repealed.
(d) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 1995.
SEC. 1304. ALLIED SHARE OF INSTALLATIONS COSTS.
(a) Goal for Allied Contributions.--In continuing efforts
to enter into revised host-nation agreements as described in
section 1301(e) of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2545) and
section 1401(c) of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1824), the
President shall seek to have European member nations of NATO
assume an increased share of the nonpersonnel costs for
United States military installations in those nations so that
by September 30, 1996, those nations have assumed 37.5
percent of such costs.
(b) Definitions.--For purposes of this section:
(1) The term ``nonpersonnel costs'', with respect to United
States military installations in European member nations of
NATO, means costs for those installations other than costs
paid from military personnel accounts.
(2) The term ``contributions'', with respect to the share
of such nonpersonnel costs assumed by the European member
nations of NATO, means those cash and in-kind contributions
made by such nations that replace expenditures that would
otherwise be made by the Secretary using funds appropriated
or otherwise made available in defense appropriations Acts.
SEC. 1305. PAYMENTS-IN-KIND FOR RELEASE OF UNITED STATES
OVERSEAS MILITARY FACILITIES TO NATO HOST
COUNTRIES.
(a) Findings.--Congress makes the following findings:
(1) The United States has invested $6,500,000,000 in
military infrastructure in North Atlantic Treaty Organization
(NATO) countries.
(2) As part of an overall plan to reduce United States
troop strength overseas, the Department of Defense plans to
close, or reduce United States military presence at, 867
military sites outside the United States.
(3) Most of the military sites outside the United States
announced for closure are in Europe, where the United States
has already closed 434 such sites while carrying out a
reduction in troop strength in Europe from 323,432 in 1987 to
approximately 100,000 by the end of fiscal year 1996.
(4) When the United States closes military sites in Europe,
it leaves buildings, roads, sewers, and other real property
improvements behind.
(5) Some of the European NATO allies have agreed to pay the
United States for the residual value of the real property
improvements left behind.
(6) Although the United States military drawdown has been
rapid since 1990, European allies have been slow to pay the
United States the residual value of the sites released by the
United States.
(7) As of 1994, the United States has recouped only
$33,300,000 in cash, most of which was recovered in 1989.
(8) Although the United States has released to Germany over
60 percent of the military sites planned for closure by the
United States in that country and the current value of United
States facilities to be returned to the German government is
estimated at approximately $2,700,000,000, the German
government has budgeted only $25,000,000 for fiscal year 1994
for payment of compensation for the United States investment
in those facilities.
(b) Policy.--It is the sense of Congress that--
(1) the President should redouble efforts to recover the
value of the United States investment in the military
infrastructure in NATO countries;
(2) the President should enter into negotiations with the
government of each NATO host country with a presumption that
payments to compensate the United States for the negotiated
value of improvements will be made in cash and deposited in
the Department of Defense Overseas Military Facility
Investment Recovery Account;
(3) the President should enter into negotiations for
payments-in-kind only as a last resort and only after
informing the Congress that negotiations for cash payments
have not been successful; and
(4) to the extent that in-kind contributions are received
in lieu of cash payments in any fiscal year, the in-kind
contributions should be used for projects that are identified
priorities of the Department of Defense.
(c) Requirements and Limitations Relating to Payments-in-
Kind.--(1) Subsection (e) of section 2921 of the National
Defense Authorization Act for Fiscal Year 1991 (10 U.S.C.
2687 note) is amended--
(A) by inserting ``(1)'' after ``Negotiations for Payments-
in-Kind.--'';
(B) by striking out ``a written notice'' and all that
follows and inserting in lieu thereof
[[Page 1673]]
``to the appropriate congressional committees a written
notice regarding the intended negotiations.''; and
(C) by adding at the end the following new paragraphs:
``(2) The notice shall contain the following:
``(A) A justification for entering into negotiations for
payments-in-kind with the host country.
``(B) The types of benefit options to be pursued by the
Secretary in the negotiations.
``(C) A discussion of the adjustments that are intended to
be made in the future-years defense program or in the budget
of the Department of Defense for the fiscal year in which the
notice is submitted or the following fiscal year in order to
reflect costs that it may no longer be necessary for the
United States to incur as a result of the payments-in-kind to
be sought in the negotiations.
``(3) For purposes of this subsection, the appropriate
congressional committees are--
``(A) the Committee on Armed Services, the Committee on
Appropriations, and the Defense Subcommittees of the
Committee on Appropriations of the House of Representatives;
and
``(B) the Committee on Armed Services, the Committee on
Appropriations, and the Defense Subcommittees of the
Committee on Appropriations of the Senate.''.
(2) Such section is further amended by adding at the end
the following new subsection:
``(h) Congressional Oversight of Payments-In-Kind.--(1) Not
less than 30 days before concluding an agreement for
acceptance of military construction or facility improvements
as a payment-in-kind, the Secretary of Defense shall submit
to Congress a notification on the proposed agreement. Any
such notification shall contain the following:
``(A) A description of the military construction project or
facility improvement project, as the case may be.
``(B) A certification that the project is needed by United
States forces.
``(C) An explanation of how the project will aid in the
achievement of the mission of those forces.
``(D) A certification that, if the project were to be
carried out by the Department of Defense, appropriations
would be necessary for the project and it would be necessary
to provide for the project in the next future-years defense
program.
``(2) Not less than 30 days before concluding an agreement
for acceptance of host nation support or host nation payment
of operating costs of United States forces as a payment-in-
kind, the Secretary of Defense shall submit to Congress a
notification on the proposed agreement. Any such notification
shall contain the following:
``(A) A description of each activity to be covered by the
payment-in-kind.
``(B) A certification that the costs to be covered by the
payment-in-kind are included in the budget of one or more of
the military departments or that it will otherwise be
necessary to provide for payment of such costs in a budget of
one or more of the military departments.
``(C) A certification that, unless the payment-in-kind is
accepted or funds are appropriated for payment of such costs,
the military mission of the United States forces with respect
to the host nation concerned will be adversely affected.''.
SEC. 1306. GEORGE C. MARSHALL EUROPEAN CENTER FOR SECURITY
STUDIES.
(a) Use of Contributions.--Funds received by the United
States Government from the Federal Republic of Germany as its
fair share of the costs of the George C. Marshall European
Center for Security Studies shall be credited to
appropriations available to the Department of Defense for the
George C. Marshall European Center for Security Studies.
Funds so credited shall be merged with the appropriations to
which credited and shall be available for the Center for the
same purposes and the same period as the appropriations with
which merged.
(b) Waiver of Charges.--(1) The Secretary of Defense may
waive reimbursement of the costs of conferences, seminars,
courses of instruction, or similar educational activities of
the George C. Marshall European Center for Security Studies
for military officers and civilian officials of cooperation
partner states of the North Atlantic Cooperation Council or
the Partnership for Peace if the Secretary determines that
attendance by such personnel without reimbursement is in the
national security interest of the United States.
(2) Costs for which reimbursement is waived pursuant to
paragraph (1) shall be paid from appropriations available for
the Center.
SEC. 1307. SENSE OF THE SENATE CONCERNING PARTICIPATION IN
ALLIED DEFENSE COOPERATION.
It is the sense of the Senate that the President should use
existing authorities to the greatest extent possible to
authorize the provision of the following types of assistance
and cooperation to countries that are participating in the
Partnership for Peace and are making significant progress in
working with the North Atlantic Treaty Organization:
(1) Defense articles and services, as defined in the
Foreign Assistance Act of 1961 and the Arms Export Control
Act.
(2) Loan of materials, supplies, and equipment for research
and development purposes.
(3) Leases and loans of major defense equipment and other
defense articles.
(4) Cooperative military airlift agreements.
(5) The procurement of communications support and related
supplies and services.
(6) Actions to standardize equipment with North Atlantic
Treaty Organization members.
Subtitle B--Matters Relating to Several Countries
SEC. 1311. LIMITATION ON OBLIGATION OF FUNDS FOR OVERSEAS
BASING ACTIVITIES.
(a) Limitation.--The total amount authorized to be
appropriated to the Department of Defense for operation and
maintenance and for military construction (including
construction and improvement of military family housing) that
is obligated to conduct overseas basing activities during
fiscal year 1995 may not exceed $8,181,000,000, except to the
extent provided by the Secretary of Defense under subsection
(b).
(b) Exception.--The Secretary of Defense may increase the
amount of the limitation under subsection (a) by such amount
as the Secretary determines to be necessary in the national
interest, except that such increase may not exceed
$400,000,000. The Secretary may not make any such increase
until the Secretary notifies the Congress of the Secretary's
intent to make such an increase and a period of 15 days
elapses after the day on which the notification is received
by the Congress.
(c) Allocations of Savings.--Any amounts appropriated to
the Department of Defense for fiscal year 1995 for the
purposes covered by subsection (a) that are not available to
be used for those purposes by reason of the limitation in
that subsection shall be allocated by the Secretary of
Defense for operation and maintenance and for military
construction activities of the Department of Defense at
military installations and facilities located inside the
United States.
(d) Definition.--In this section, the term ``overseas
basing activities'' has the meaning given such term in
section 1401(d)(2) of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1825),
except that such term does not include activities of the
Department of Defense for which funds are provided through
appropriations for Military Personnel.
SEC. 1312. CLARIFICATION AND CODIFICATION OF OVERSEAS
MILITARY END STRENGTH LIMITATION.
(a) In General.--(1) Chapter 3 of title 10, United States
Code, is amended by inserting after section 123a the
following new section:
``Sec. 123b. Forces stationed abroad: limitation on number
``(a) End-Strength Limitation.--No funds appropriated to
the Department of Defense may be used to support a strength
level of members of the armed forces assigned to permanent
duty ashore in nations outside the United States at the end
of any fiscal year at a level in excess of 203,000.
``(b) Exception for Wartime.--Subsection (a) does not apply
in the event of a declaration of war or an armed attack on
any member nation of the North Atlantic Treaty Organization,
Japan, the Republic of Korea, or any other ally of the United
States.
``(c) Presidential Waiver.--The President may waive the
operation of subsection (a) if the President declares an
emergency. The President shall immediately notify Congress of
any such waiver.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``123b. Forces stationed abroad: limitation on number.''.
(b) Effective Date.--Section 123b of title 10, United
States Code, as added by subsection (a), does not apply with
respect to a fiscal year before fiscal year 1996.
(c) Conforming Repeal.--Section 1302 of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 106 Stat. 2545) is repealed.
SEC. 1313. COST-SHARING POLICY AND REPORT.
(a) Policy.--It is the policy of the United States that the
North Atlantic Treaty Organization (NATO) allies should
assist the United States in paying the incremental costs
incurred by the United States for maintaining members of the
Armed Forces in assignments to permanent duty ashore in
European member nations of NATO solely for support of NATO
roles and missions.
(b) Implementation.--The President shall take all necessary
actions to ensure the effective implementation of the policy
set forth in subsection (a).
(c) Report.--The Secretary of Defense shall include in the
annual report required by section 1002(d) of the Department
of Defense Authorization Act, 1985 (22 U.S.C. 1928 note) the
following:
(1) A description of the United States military forces
assigned to permanent duty ashore in European member nations
of NATO and an analysis of the cost of providing and
maintaining such forces in such assignment primarily for
support of NATO roles and missions.
(2) A description of the United States military forces
assigned to permanent duty ashore in European member nations
of NATO primarily in support of other United States interests
in other regions of the world and an analysis of the cost of
providing and maintaining such forces in such assignment
primarily for that purpose.
(3) A specific enumeration and description of the offsets
to United States costs of providing and maintaining United
States military forces in Europe that the United States
received from other NATO member nations in the fiscal year
covered by the report, set out by country and by type of
assistance, in-
[[Page 1674]]
cluding both in-kind assistance and direct cash
reimbursement, and the projected offsets for the five fiscal
years following the fiscal year covered by the report.
(d) Incremental Costs Defined.--For purposes of subsection
(a), the definition provided for the term ``incremental
costs'' in section 1046 of the National Defense Authorization
Act for Fiscal Years 1992 and 1993, as added by subsection
(e), shall apply with respect to maintaining members of the
Armed Forces in assignments to permanent duty ashore in
European member nations of NATO in the same manner as such
term applies with respect to permanent stationing ashore of
United States forces in foreign nations for purposes of
subsection (e)(4) of such section 1046.
(e) Definition for Reporting Requirement.--Section 1046 of
the National Defense Authorization Act for Fiscal Years 1992
and 1993 (Public Law 102-190; 105 Stat. 1466; 22 U.S.C. 1928
note) is amended by adding at the end the following new
subsection:
``(f) Incremental Costs Defined.--In this section, the term
`incremental costs', with respect to permanent stationing
ashore of United States forces in foreign nations, means the
difference between the costs associated with maintaining
United States military forces in assignments to permanent
duty ashore in the foreign nations and the costs associated
with maintaining those same military forces at military bases
in the United States.''.
SEC. 1314. REPORT ASSESSING THE NATIONAL SECURITY
CONSEQUENCES OF UNITED STATES MILITARY
COOPERATION PROGRAMS.
(a) Report.--The Secretary of Defense shall submit to
Congress a report assessing the national security
consequences of United States military cooperation programs.
The report shall be submitted not later than the date of the
submission to Congress of the next annual report of the
Secretary of Defense submitted under section 113 of title 10,
United States Code, after the date of the enactment of this
Act.
(b) Matters To Be Included.--The report under subsection
(a) shall include the following:
(1) A description of cooperative military relationships in
effect.
(2) A description of how activities under those
relationships are intended to improve United States national
security.
(3) An assessment of the risks to the United States
associated with engaging in military cooperation programs
with foreign countries should the government of any of such
country change its political orientation in a manner hostile
to United States interests.
(4) An analysis of the effect on United States national
security of possible multilateral actions to reduce the
military capability of governments and military forces that
could pose a future threat to United States interests.
(5) An assessment of any implications for regional security
effected by existing cooperative military relationships.
(c) Form of Report.--The report under subsection (a) shall
be submitted in unclassified form and, to the extent
necessary, in classified form.
SEC. 1315. REVIEW AND REPORT REGARDING DEPARTMENT OF DEFENSE
PROGRAMS RELATING TO REGIONAL SECURITY AND HOST
NATION DEVELOPMENT IN THE WESTERN HEMISPHERE.
(a) Findings.--Congress makes the following findings:
(1) The political environment in the Western Hemisphere has
been characterized in recent years by significant democratic
advances and an absence of international strife, but
democracy in some nations of the region is fragile.
(2) It is desirable for the Department of Defense to
perform a positive role in influencing the defense
establishments and military forces of nations in the Western
Hemisphere to make positive contributions to the democratic
process and to domestic development programs of their
respective nations.
(3) Congress receives a number of annual reports relating
to specific authorities granted to the Secretary of Defense
under title 10, United States Code, such as the authorities
relating to the conduct of bilateral or regional cooperation
programs under section 1051 of that title, participation of
developing countries in combined exercises under section 2010
of that title, and the training of special operations forces
with friendly forces under section 2011 of that title.
(4) The annual reports are replete with statistics and
dollar figures and generally lacking in substance.
(5) Congress does not receive annual reports with respect
to other authorities of the Secretary of Defense, such as
that relating to Latin American cooperation under section
1050 of title 10, United States Code.
(6) Testimony before Congress (including in particular the
testimony of the commander of the United States Southern
Command and the commander of the United States Atlantic
Command) has emphasized the conduct of a large number of
complementary programs under the leadership and supervision
of those two commanders to foster appropriate military roles
in democratic host nations and to assist countries in
developing forces properly trained to address their security
needs, including needs regarding illegal immigration,
insurgencies, smuggling of illegal arms, munitions, and
explosives across borders, and drug trafficking.
(7) Most of the programs referred to in paragraph (6)
provide excellent and often unique training and experience to
the United States forces involved.
(8) Military-to-military contact programs in the Western
Hemisphere provide another tool to encourage a democratic
orientation of the defense establishments and military forces
of countries in the region.
(9) There is a need for the Secretary of Defense to conduct
a comprehensive review of the several authorities in title
10, United States Code, for the Secretary of Defense to
engage in cooperative regional security programs with other
countries in the Western Hemisphere in order to determine
whether the authorities continue to be appropriate and
necessary, particularly in the light of the changed
circumstances in the region.
(10) There is a need for the Secretary of Defense to
conduct a comprehensive review of various programs carried
out pursuant to such authorities to ensure that such programs
are designed to meet the needs of the host nations involved
and the regional strategic and foreign policy objectives of
the United States, including promotion of sustainable
development, effective control of the military by elected
civilian authorities, reliable regional security accords, and
the appropriate role for militaries in democratic societies.
(11) There is a need for the Secretary of Defense to assess
the strengths and weaknesses of the various regional security
organizations, defense forums, and defense education
institutions in the Western Hemisphere in order to identify
any improvements needed to harmonize the defense policies of
the United States and those of friendly nations of the
region.
(b) Review and Report.--Not later than May 1, 1995, the
Secretary of Defense, shall--
(1) in consultation with the Chairman of the Joint Chiefs
of Staff and the commanders of the combatant commands
responsible for regions in the Western Hemisphere, carry out
a comprehensive review and assessment of the matters referred
to in paragraphs (2), (9), (10), and (11) of subsection (a);
and
(2) submit to Congress a report on the review and
assessment carried out pursuant to paragraph (1).
(c) Content of Report.--The report shall contain a detailed
and comprehensive description, discussion, and analysis of
the following:
(1) The Department of Defense plan to support United States
strategic objectives in the Western Hemisphere.
(2) The external and internal threats to the national
security of the nations of the region.
(3) The various regional security cooperative programs
carried out by the Department of Defense in the region in
1994, including training and education programs in the host
nations and in the United States and defense contacts set
forth on a country-by-country basis, the statutory authority,
if any, for such programs, and the strategic objectives
served.
(4) The various regional security organizations, defense
forums, and defense education institutions that the United
States maintains or in which the United States participates.
(5) The contribution that such programs, defense contacts,
organizations, forums, and institutions make to the
advancement of regional security, host nation security and
national development, United States strategic objectives, and
United States foreign policy objectives as described in
paragraph (10) of subsection (a).
(6) United States humanitarian civic assistance and civic
action programs conducted with host countries in the region
and the effect that those programs have had in furthering the
objectives described in paragraph (10) of subsection (a).
(7) The changes made or to be made in the programs,
organizations, forums, and institutions referred to in
paragraphs (3), (4), (5), and (6) as a result of the
comprehensive review.
(d) Recommended Legislation.--The report shall include any
recommendations for legislation that the Secretary considers
necessary to improve the ability of the Department to achieve
its strategic objectives in the Western Hemisphere.
(e) Classification of Report.--The report shall be
submitted in an unclassified form and may, if necessary, have
a classified supplement.
SEC. 1316. MILITARY-TO-MILITARY CONTACTS AND COMPARABLE
ACTIVITIES.
(a) Activities Authorized.--(1) Chapter 6 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 168. Military-to-military contacts and comparable
activities
``(a) Program Authority.--The Secretary of Defense may
conduct military-to-military contacts and comparable
activities that are designed to encourage a democratic
orientation of defense establishments and military forces of
other countries.
``(b) Administration.--The Secretary may provide funds
appropriated for carrying out subsection (a) to the following
officials for use as provided in subsection (c):
``(1) The commander of a combatant command, upon the
request of the commander.
``(2) An officer designated by the Chairman of the Joint
Chiefs of Staff, with respect to an area or areas not under
the area of responsibility of a commander of a combatant
command.
``(3) The head of any Department of Defense component.
``(c) Authorized Activities.--An official provided funds
under subsection (b) may use those funds for the following
activities and expenses:
[[Page 1675]]
``(1) The activities of traveling contact teams, including
any transportation expense, translation services expense, or
administrative expense that is related to such activities.
``(2) The activities of military liaison teams.
``(3) Exchanges of civilian or military personnel between
the Department of Defense and defense ministries of foreign
governments.
``(4) Exchanges of military personnel between units of the
armed forces and units of foreign armed forces.
``(5) Seminars and conferences held primarily in a theater
of operations.
``(6) Distribution of publications primarily in a theater
of operations.
``(7) Personnel expenses for Department of Defense civilian
and military personnel to the extent that those expenses
relate to participation in an activity described in paragraph
(3), (4), (5), or (6).
``(8) Reimbursement of military personnel appropriations
accounts for the pay and allowances paid to reserve component
personnel for service while engaged in any activity referred
to in another paragraph of this subsection.
``(d) Relationship to Other Funding.--Any amount provided
during any fiscal year to an official under subsection (b)
for an activity or expense referred to in subsection (c)
shall be in addition to amounts otherwise available for those
activities and expenses for that fiscal year.
``(e) Limitations.--(1) Funds may not be provided under
this section for a fiscal year for any activity for which--
``(A) funding was proposed in the budget submitted to
Congress for that fiscal year pursuant to section 1105(a) of
title 31; and
``(B) Congress did not authorize appropriations.
``(2) An activity may not be conducted under this section
with a foreign country unless the Secretary of State approves
the conduct of such activity in that foreign country.
``(3) Funds may not be provided under this section for a
fiscal year for any country that is not eligible in that
fiscal year for assistance under chapter 5 of part II of the
Foreign Assistance Act of 1961.
``(4) Except for those activities specifically authorized
under subsection (c), funds may not be used under this
section for the provision of defense articles or defense
services to any country or for assistance under chapter 5 of
part II of the Foreign Assistance Act of 1961.
``(f) Military-to-Military Contacts Defined.--In this
section, the term `military-to-military contacts' means
contacts between members of the armed forces and members of
foreign armed forces through activities described in
subsection (c).''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``168. Military-to-military contacts and comparable activities.''.
(b) Fiscal Year 1995 Funding.--Of the amount authorized to
be appropriated under section 301(5) for operation and
maintenance for Defense-wide activities, $46,300,000 shall be
available to the Secretary of Defense for the purposes of
carrying out activities under section 168 of title 10, United
States Code, as added by subsection (a).
(c) Fiscal Year 1995 Active Duty End Strengths.--(1) A
member of a reserve component described in paragraph (2)
shall not be counted (under section 115(a)(1) of title 10,
United States Code) against the applicable end strength
limitation for members of the Armed Forces on active duty for
fiscal year 1995 prescribed in section 401.
(2) Paragraph (1) applies in the case of a member of a
reserve component who is on active duty under a call or order
to active duty for 180 days or more for activities under
section 168 of title 10, United States Code, as added by
subsection (a).
(d) Report.--Not later than February 15, 1995, the
Secretary of Defense shall submit to Congress a report on the
management structure of the military-to-military contacts
program.
SEC. 1317. EXTENSION OF AUTHORITY TO ENTER INTO CERTAIN
COOPERATIVE AGREEMENT AUTHORITIES TO INCLUDE
THE UNITED NATIONS AND REGIONAL ORGANIZATIONS
OF WHICH THE UNITED STATES IS A MEMBER.
(a) Logistics Agreements.--Section 2341 of title 10, United
States Code, is amended--
(1) by striking out ``and'' the first place it appears in
paragraph (1) and inserting in lieu thereof a comma; and
(2) by inserting after ``from North Atlantic Treaty
Organization subsidiary bodies'' the following: ``, and from
the United Nations Organization or any regional international
organization of which the United States is a member''.
(b) Cross-Servicing Agreements.--Section 2342 of such title
is amended--
(1) in subsection (a)(1)--
(A) by striking out ``with--'' in the matter preceding
subparagraph (A) and inserting in lieu thereof ``with any of
the following:'';
(B) in subparagraph (A)--
(i) by capitalizing the first letter of the first word; and
(ii) by striking out the semicolon at the end and inserting
in lieu thereof a period;
(C) in subparagraph (B)--
(i) by capitalizing the first letter of the first word; and
(ii) by striking out ``; or'' at the end and inserting in
lieu thereof a period;
(D) by redesignating subparagraph (C) as subparagraph (D)
and capitalizing the first letter of the first word of that
subparagraph; and
(E) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) The United Nations Organization or any regional
international organization of which the United States is a
member.'';
(2) in subsection (a)(2), by striking out ``subsidiary
body'' both places it appears and inserting in lieu thereof
``organization''; and
(3) in subsection (c), by striking out ``as a routine or
normal source'' and inserting in lieu thereof ``or
international organization''.
(c) Law Applicable to Acquisition and Cross-Serving
Agreements.--(1) Section 2343 of such title is amended--
(A) by striking out subsection (a); and
(B) by striking out ``(b)'' before ``Sections''.
(2)(A) The heading of such section is amended to read as
follows:
``Sec. 2343. Waiver of applicability of certain laws''.
(B) The item relating to such section in the table of
sections at the beginning of subchapter I of chapter 138 of
such title is amended to read as follows:
``2343. Waiver of applicability of certain laws.''.
(d) Method of Payment for Acquisitions and Transfers by the
United States.--Section 2344(b)(4) of such title is amended
by inserting after ``North Atlantic Treaty Organization
subsidiary bodies'' the following: ``and the United Nations
Organization or any regional international organization of
which the United States is a member''.
(e) Liquidation of Accrued Credits and Liabilities.--
Section 2345(a) of such title is amended by striking out
``three'' in the first sentence and inserting in lieu thereof
``12''.
(f) Crediting of Receipts.--Section 2346 of such title is
amended by striking out ``shall be credited to applicable
appropriations, accounts, and funds of the Department of
Defense'' and inserting in lieu thereof ``shall be credited,
at the option of the Secretary of Defense, to (1) the
appropriation, fund, or account used in incurring the
obligation, or (2) an appropriate appropriation, fund, or
account currently available for the purposes for which the
expenditures were made''.
(g) Limitation on Amounts That May Be Obligated or Accrued
by the United States.--Section 2347 of such title is
amended--
(1) in subsection (a)(1)--
(A) by striking out ``and'' the first place it appears and
inserting in lieu thereof a comma;
(B) by inserting after ``subsidiary bodies of the North
Atlantic Treaty Organization'' the following: ``, or from the
United Nations Organization or any regional international
organization of which the United States is a member'';
(C) by striking out ``$150,000,000'' and inserting in lieu
thereof ``$200,000,000''; and
(D) by striking out ``$25,000,000'' and inserting in lieu
thereof ``$50,000,000'';
(2) in subsection (a)(2)--
(A) by striking out ``$10,000,000'' the first place it
appears and inserting in lieu thereof ``$60,000,000'';
(B) by striking out ``$2,500,000'' and inserting in lieu
thereof ``$20,000,000''; and
(C) by striking out ``$10,000,000'' the second place it
appears and inserting in lieu thereof ``$60,000,000'';
(3) in subsection (b)(1)--
(A) by striking out ``and'' the first place it appears and
inserting in lieu thereof a comma;
(B) by inserting after ``subsidiary bodies of the North
Atlantic Treaty Organization'' the following: ``, or from the
United Nations Organization or any regional international
organization of which the United States is a member''; and
(C) by striking out ``$100,000,000'' and inserting in lieu
thereof ``$150,000,000'';
(4) in subsection (b)(2), by striking out ``$10,000,000''
and inserting in lieu thereof ``$75,000,000''; and
(5) by adding at the end the following new subsection:
``(c) When the armed forces are involved in a contingency
operation or in a non-combat operation (including an
operation in support of the provision of humanitarian or
foreign disaster assistance or in support of peacekeeping
operations under chapter VI or VII of the Charter of the
United Nations), the restrictions in subsections (a) and (b)
are waived for the purposes and duration of that
operation.''.
(h) Definitions.--Section 2350 of such title is amended--
(1) in paragraph (1)--
(A) by inserting ``(including airlift)'' after
``transportation'';
(B) by inserting ``calibration services,'' after
``maintenance services,''; and
(C) by adding at the end the following new sentence: ``Such
term includes temporary use of general purpose vehicles and
other items of military equipment not designated as part of
the United States Munitions List pursuant to section 38(a)(1)
of the Arms Export Control Act.''; and
(2) by adding at the end the following new paragraph:
``(4) The term `transfer' means selling (whether for
payment in currency, replacement-in-kind, or exchange of
supplies or services of equal value), leasing, loaning, or
otherwise temporarily providing logistic support, supplies,
and services under the terms of a cross-servicing
agreement.''.
(i) Annual Report Requirement.--(1) Subchapter I of chapter
138 of title 10, United
[[Page 1676]]
States Code, is amended by inserting after section 2349 the
following new section:
``Sec. 2349a. Annual report on non-NATO agreements
``(a) Report.--The Secretary of Defense shall submit to
Congress, not later than January 15 of each of 1996, 1997,
1998, 1999, and 2000, a report covering non-NATO cross-
servicing and acquisition actions in effect during the
preceding fiscal year
``(b) Matters To Be Included.--Each such report shall set
forth in detail the following with respect to the preceding
fiscal year:
``(1) The total dollar amounts involved.
``(2) A description of any services and equipment provided
or received through those actions.
``(3) A description of any equipment provided through those
actions that is not returned.
``(4) The volume of credits and liabilities accrued and
liquidated.
``(c) Non-NATO Agreements.--For purposes of this section, a
non-NATO cross-servicing and acquisition agreement is a
cross-servicing and acquisition agreement under this
subchapter that involves countries or organizations other
than North Atlantic Treaty Organization countries or
subsidiary bodies.''.
(2) The table of sections at the beginning of such
subchapter is amended by inserting after the item relating to
section 2349 the following new item:
``2349a. Annual report on non-NATO agreements.''.
(j) Effective Date.--The amendments made by this section
shall apply with regard to any acquisition or transfer of
logistic support, supplies, and services under the authority
of subchapter I of chapter 138 of title 10, United States
Code, that is initiated after the date of the enactment of
this Act.
SEC. 1318. PERMANENT AUTHORITY FOR DEPARTMENT OF DEFENSE TO
SHARE EQUITABLY THE COSTS OF CLAIMS UNDER
INTERNATIONAL ARMAMENTS COOPERATIVE PROGRAMS.
Subsection (c) of section 843 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484;
106 Stat. 2469; 10 U.S.C. 2350a note) is repealed.
Subtitle C--Matters Relating to Specific Countries
SEC. 1321. DEFENSE COOPERATION BETWEEN THE UNITED STATES AND
ISRAEL.
(a) Findings.--Congress makes the following findings:
(1) The President has reiterated the long-standing United
States commitment to maintaining the qualitative superiority
of the Israeli Defense Force over any combination of
adversaries.
(2) Congress continues to recognize the many benefits to
the United States from its strategic relationship with
Israel, including enhancing regional stability and technical
cooperation.
(3) Despite the momentous peace process in which Israel and
its neighbors are productively engaged, Israel continues to
face difficult threats to its national security that are
compounded by the proliferation of weapons of mass
destruction and ballistic missiles.
(4) Congress is supportive of the objective of the
President to enhance United States-Israel military and
technical cooperation, particularly in the areas of missile
defense and counter-proliferation.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the President should ensure that any conventional
defense system or technology offered for release to any NATO
or other major non-NATO ally should concurrently be available
for purchase by Israel unless such action would contravene
United States national interests; and
(2) the President should make available to Israel, within
existing technology transfer laws, regulations, and policies,
advanced United States technology necessary for continued
progress in cooperative United States-Israel research and
development of theater missile defenses.
SEC. 1322. READINESS OF MILITARY FORCES OF THE REPUBLIC OF
KOREA.
(a) Findings.--Congress makes the following findings:
(1) Under existing security arrangements between the United
States and the Republic of Korea, responsibility for the
defense of the territory of the Republic of Korea is
allocated so that the Republic of Korea has primary
responsibility for the ground defense of its territory and
the United States has primary responsibility for air and sea
defense of the Korean peninsula and for reinforcement.
(2) The Force Improvement Program of the Republic of Korea
has not fully addressed critical shortfalls in its ground
force capability which continue to exist even though the
Republic of Korea spends approximately $12,000,000,000
annually on defense while the Democratic People's Republic of
Korea spends approximately $4,000,000,000 annually on
defense. The Republic of Korea has directed substantial
defense resources to procuring submarines, destroyers,
advanced aircraft, and other military systems that are
marginal to its primary ground defense responsibility.
(3) The defense acquisition decisions of the Republic of
Korea have had the effect of not allowing the Republic of
Korea to attain self-sufficiency in its ground defense
responsibility. As a result, there exists an undue burden on
the United States for the ground defense of the Korean
peninsula.
(4) The lack of intelligence capability to forecast the
military intentions of the Democratic People's Republic of
Korea presents major problems for the combined United States-
Republic of Korea defense of South Korea.
(5) A short-warning attack by the Democratic People's
Republic of Korea would cause major losses to the combined
United States-Republic of Korea ground force.
(b) Sense of Congress.--It is the sense of Congress that
the President should urge the Republic of Korea to continue
to improve its military ground forces with emphasis on
counterartillery capabilities, defense against ballistic
missiles and weapons of mass destruction, combined United
States-Republic of Korea logistics capabilities, combined
United States-Republic of Korea medical support, and combined
United States-Republic of Korea capabilities for tactical
intelligence and indications and warning of a North Korean
attack.
(c) Report.--Not later than January 15, 1995, the Secretary
of Defense shall submit to Congress a report, in classified
form, on--
(1) the readiness of the military forces of the Republic of
Korea to defeat an attack by the military forces of the
Democratic People's Republic of Korea; and
(2) the adequacy of the defense acquisition strategy of the
Republic of Korea to meet its primary ground defense mission.
SEC. 1323. MILITARY PLANNING FOR THE SIZE AND STRUCTURE OF A
FORCE REQUIRED FOR A MAJOR REGIONAL CONTINGENCY
ON THE KOREAN PENINSULA.
(a) Findings.--Congress makes the following findings:
(1) The Secretary of Defense conducted the Bottom-Up Review
during 1993 to establish the size and structure for the Armed
Forces for the Post-Cold-War era.
(2) The report on the Bottom-Up Review cites the need for
the Armed Forces to be large enough to prevail in two major
regional conflicts ``nearly simultaneously''.
(3) The report on the Bottom-Up Review gives special
consideration to a scenario that hypothesizes that the two
``nearly simultaneous'' conflicts would occur in Korea and
the Persian Gulf.
(4) The United States sent 7 Army divisions, the equivalent
of 10 Air Force tactical fighter wings, 70 heavy bombers, 6
Navy aircraft carrier battle groups, and 5 Marine Corps
brigades to the Persian Gulf to fight the war against Iraq.
(5) The report on the Bottom-Up Review asserts that the
forces needed to fight two conflicts similar to that with
Iraq can be drawn from a total military force of between 15
and 16 Army divisions, 20 Air Force tactical fighter wings,
up to 184 heavy bombers, 11 active Navy aircraft carriers
(along with one reserve/training carrier), and the equivalent
of 12 Marine Corps brigades.
(6) The report on the Bottom-Up Review recognizes that
approximately 100,000 members of the Armed Forces will be
stationed in Europe.
(7) The report on the Bottom-Up Review recognizes that
sizeable numbers of United States forces could be involved in
peace enforcement and intervention operations at any one
time.
(8) The report on the Bottom-Up Review makes no specific
recommendation as to the number of forces to be held in
reserve to provide a rotation base either to relieve troops
in the event one or both hypothetical conflicts result in
lengthy deployments or to replace combat losses.
(9) Military planners calculate that 430,000 or more United
States military personnel may be needed to win a war with
North Korea begun by an invasion of South Korea by North
Korea.
(10) In a worst case scenario, the size of the force
military planners may request to help defend South Korea
could exceed the levels that are consistent with the
recommendations of the report on the Bottom-Up Review if the
existing and future force requirements for a presence in
Europe, possible peace enforcement operations, and an
adequate rotation base, as well as a second regional
conflict, must be fulfilled simultaneously.
(11) The Bottom-Up review was conducted for the purpose of
force-sizing and was not meant to constrain operational
planning.
(b) Sense of Congress Concerning BUR.--It is the sense of
Congress that--
(1) the force structure identified in the report on the
Bottom-Up Review should not be used to limit the size or
structure of the force that United States military commanders
may request in preparation for a major regional contingency
on the Korean peninsula; and
(2) the conclusions of the Bottom-Up Review should be
continuously examined in light of the lessons learned from
preparation for a major regional contingency on the Korean
peninsula and from other military operations.
(c) Sense of Congress Concerning Situation on Korean
Peninsula.--It is the sense of Congress that the chairmen and
ranking minority members of the Committees on Armed Services
and chairmen and ranking minority members of the
Appropriations Subcommittees on Defense of the Senate and
House of Representatives should receive regular briefings
from the Secretary of Defense on the situation on the Korean
peninsula.
SEC. 1324. SENSE OF CONGRESS CONCERNING THE NORTH KOREAN
NUCLEAR WEAPONS DEVELOPMENT PROGRAM.
(a) Findings.--Congress makes the following findings:
(1) Between 1950 and 1953, the United States led a military
coalition that successfully re-
[[Page 1677]]
pelled an invasion of the Republic of Korea by North Korea,
at a cost of more than 54,000 American lives.
(2) The United States and the Republic of Korea ratified a
Mutual Security Treaty in 1954 that commits the United States
to helping the Republic of Korea defend itself against
external aggression.
(3) Approximately 37,000 United States military personnel
are presently stationed in the Republic of Korea.
(4) The United States and the Republic of Korea have
regularly conducted joint military exercises, including
``Team Spirit'' exercises.
(5) North Korea has built up an armed force nearly twice
the size of that in the Republic of Korea and has not
renounced the use of force, terrorism, and subversion in its
attempts to subdue and subjugate the Republic of Korea.
(6) Although North Korea signed the Treaty on the Non-
Proliferation of Nuclear Weapons in 1985, it has impeded the
international inspection of its nuclear facilities that is
required of all signatories of that Treaty.
(7) North Korea's nuclear weapons and ballistic missile
programs represent a grave threat to the security of the
Korean peninsula and the entire world.
(8) Efforts in recent years by the United States to reduce
tensions on the Korean peninsula have included--
(A) the withdrawal of all nuclear weapons from the
territory of the Republic of Korea and a reduction in the
number of United States military personnel stationed there;
(B) the postponement of the 1994 Team Spirit exercises;
(C) the establishment of direct diplomatic contacts with
the North Korean government; and
(D) the offer of expanded diplomatic and economic contacts
with North Korea.
(9) Weapons-grade plutonium can be extracted from the fuel
rods removed from North Korea's principal reactor at
Yongbyon.
(10) International inspectors were not permitted to examine
and test in a timely manner spent fuel rods removed from
North Korea's principal nuclear reactor at Yongbyon, as
required to ensure compliance with North Korea's obligations
under the Nuclear Non-Proliferation Treaty.
(11) Diplomacy concerning the North Korean nuclear program
has clearly reached a crucial stage, the unsatisfactory
resolution of which would place the international
nonproliferation regime in jeopardy and threaten the peace
and security of the Korean peninsula, the Northeast Asia
region, and, by extension, the rest of the world.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the announced freeze on the North Korean nuclear
program should remain in place until internationally agreed-
upon safeguards of any North Korean civilian nuclear program
can be made fully effective;
(2) the North Korean government should take a further step
toward verified cooperation with the international
nonproliferation regime by--
(A) permitting the unfettered international inspection and
testing of the spent fuel rods removed from North Korea's
nuclear reactor at the Yongbyon nuclear complex, followed by
adequate international supervision of the transfer of all
spent fuel rods from the Yongbyon complex and their disposal
in another country; and
(B) accepting a comprehensive inspection process as
required by the Treaty on the Non-Proliferation of Nuclear
Weapons;
(3) a resolution of the inspection controversy at the
Yongbyon complex that allows for anything less than the full
international inspection of facilities in that complex
required by North Korea's obligations under the Nuclear Non-
Proliferation Treaty--
(A) would be unsatisfactory; and
(B) should prompt the Government of the United States to
take such action as would indicate the severity with which
the United States views this provocation against
international norms; and
(4) such action should include (but not necessarily be
limited to)--
(A) the seeking of international sanctions against North
Korea; and
(B) the rescheduling of the Team Spirit exercises for 1994.
SEC. 1325. REPORT ON SECURITY RELATIONSHIP BETWEEN THE UNITED
STATES AND JAPAN.
(a) Report Required.--Not later than March 1, 1995, the
Secretary of Defense shall submit a report to Congress
regarding the security relationship between the United States
and Japan.
(b) Content of Report.--The report required by this section
shall contain the following:
(1) An evaluation of the security objectives that the
United States hopes to achieve in its relationship with
Japan.
(2) An analysis of the threats, dangers, and risks to the
United States and Japan in the Asia-Pacific region.
(3) An explanation of the United States strategy for
achieving its security objectives with Japan and in the Asia-
Pacific region.
(4) An evaluation of the role of the United States-Japan
Security Treaty in achieving United States security
objectives with Japan and in the Asia-Pacific region.
(5) An analysis of the contributions that regional security
discussions, consultations, or frameworks could make to the
achievement of United States and Japanese security
objectives.
(6) A discussion of the process by which the United States
and Japan address joint infrastructure matters, such as land
and training issues, throughout Japan, including Okinawa.
(7) A description of the United States military facilities
in Japan, including Okinawa, that have been transferred to
Japan in the previous 10 years.
(8) A description of the contribution that Japan makes to
the costs incurred by the United States in stationing
military forces in Japan.
(9) A review of the United States military presence in
Japan, including Okinawa, that contains the following
information:
(A) The number and location of United States personnel.
(B) The number, size, and location of major United States
military units.
(C) An inventory and description of the utilization of
United States military facilities, including their military,
economic, and environmental aspects.
(D) An explanation of the status of discussion between the
United States and Japanese governments on joint
infrastructure matters.
(E) A description of United States training activities.
TITLE XIV--PEACE OPERATIONS AND HUMANITARIAN ASSISTANCE ACTIVITIES
Subtitle A--Peace Operations
SEC. 1401. REPORTS ON REFORMING UNITED NATIONS PEACE
OPERATIONS.
(a) Reports Required.--The Secretary of Defense shall
submit to Congress two reports on proposals by the United
States for improving management by the United Nations of
peace operations. The Secretary shall submit the first report
not later than December 1, 1994, and the second not later
than June 1, 1995.
(b) Status of Implementation of United States Proposals.--
Each report shall contain--
(1) a discussion of the status of implementation of
proposals by the United States contained in section IV
(relating to strengthening the United Nations) of the
document entitled ``The Clinton Administration's Policy on
Reforming Multilateral Peace Operations'' that was issued by
the Executive Office of the President in May 1994; and
(2) an analysis of the results of such implementation.
(c) Subjects To Be Covered.--Each report shall cover, at a
minimum, the following matters:
(1) The reconfiguration and expansion of the staff for the
United Nations Department of Peacekeeping Operations.
(2) The reasons for lengthy, potentially disastrous delays
after a peace operation has been authorized and steps by the
United Nations to reduce those delays.
(3) The establishment by the United Nations of a
professional peace operations training program for commanders
and other military and civilian personnel.
(4) Assistance by the United States to facilitate
improvements by the United Nations in the matters described
in paragraphs (1) and (3) and the terms under which such
assistance has been or is being provided.
(d) Peace Operation Defined.--In this section, the term
``peace operation'' means an operation to maintain or restore
international peace and security under chapter VI or chapter
VII of the Charter of the United Nations.
SEC. 1402. REPORT ON MILITARY READINESS IMPLICATIONS OF
BOSNIA PEACEKEEPING DEPLOYMENT.
(a) Report.--(1) The Secretary of Defense shall submit to
the congressional defense committees a report assessing the
implications for United States military readiness of the
participation of United States ground combat forces in
peacekeeping operations within Bosnia-Hercegovina.
(2) The report shall be submitted not later than 90 days
after the date of the enactment of this Act or 30 days
following the deployment of United States ground forces to
Bosnia-Hercegovina, whichever occurs sooner.
(b) Matters To Be Included.--The report under subsection
(a) shall include the following:
(1) An estimate of the total number of forces required to
carry out such an operation, including forces required for a
rotation base.
(2) An estimate of the expected duration of such an
operation.
(3) An estimate of the cost of such an operation, together
with an explanation of how the Secretary proposes to provide
funds for such an operation and an assessment of how such
proposed funding plan would affect overall military
readiness.
(4) An assessment of the effect such an operation would
have on the ability of the United States Armed Forces to
execute successfully the two nearly-simultaneous major
regional conflict strategy articulated in the Bottom-Up
Review.
(5) An assessment of how readily forces participating in
such an operation could be redeployed to a major regional
conflict, including an analysis of the availability of
strategic lift, the likely condition of equipment, and the
extent of retraining necessary to facilitate such a
redeployment.
(6) An assessment of the effect such an operation would
have on the general combat readiness and deployability of
combat units designated to be part of the contingency force,
including the extent to which contingency force combat units
would support the initial deployment and subsequent
rotations.
[[Page 1678]]
(7) An assessment of the effect such an operation would
have on the general combat readiness and deployability of
combat units not designated to be part of the contingency
force, including the extent to which non-contingency force
combat units would support the initial deployment and
subsequent rotations.
(8) For the initial deployment and subsequent rotations, an
assessment of the number and type of combat support and
combat service support units required from active forces,
including how many of such units are designated to support
the deployment of the contingency force.
(9) An assessment of the degree to which such an operation
would require the use of reserve component units and
personnel and the use and timing of involuntary Selected
Reserve call-up authority as provided by section 673b of
title 10, United States Code.
(10) An assessment of the anticipated cost of equipment
refurbishment resulting from such an operation.
(11) An assessment of how the increased operational tempo
associated with such an operation would affect the mission
capable readiness rates and overall health of both strategic
and theater airlift assets.
(c) Definitions.--For purposes of this section:
(1) The term ``contingency force'' includes--
(A) the set of four or five Army divisions that is
designated as the Army contingency force by the Secretary of
the Army, as well as Army active duty and reserve component
combat, combat support, and combat service support units
designated to respond to a regional conflict within the first
75 days of such conflict; and
(B) Air Force, Navy, and Marine Corps active duty and
reserve component combat, combat support, and combat service
support units designated to respond to a regional conflict
within the first 75 days of such conflict.
(2) The term ``Bottom-Up Review'' means the October 1993
Department of Defense report entitled ``Report on the Bottom-
Up Review''.
(d) Classification of Report.--The report required by
subsection (a) shall be submitted in unclassified form and,
if necessary, in classified form.
SEC. 1403. REPORT ON INTELLIGENCE LESSONS LEARNED FROM UNITED
STATES ACTIVITIES IN SOMALIA.
(a) Report.--The Secretary of Defense shall submit to
Congress a report on the intelligence lessons learned from
the United States participation in United Nations activities
in Somalia.
(b) Matters To Be Included.--The report shall--
(1) specifically describe the availability of intelligence
on forces of other nations and of indigenous forces operating
in Somalia before, during, and after the insertion of United
States forces; and
(2) set forth a complete review of any intelligence
failures, any equipment failures, and any equipment
unavailability in the theater.
(c) Submission of Report.--The report shall be submitted
not later than 180 days after the date of the enactment of
this Act.
SEC. 1404. BOSNIA AND HERCEGOVINA.
(a) Purpose.--It is the purpose of this section--
(1) to express the sense of Congress concerning the
international efforts to end the conflict in Bosnia and
Hercegovina; and
(2) to establish a process to end the arms embargo on the
Government of Bosnia and Hercegovina.
(b) Statement of Support.--The Congress supports the
efforts of the Contact Group to bring about a peaceful
settlement of the conflict in Bosnia and Hercegovina based
upon the Contact Group proposal.
(c) Sense of Congress.--It is the sense of Congress that:
(1) The United States should work with the member nations
of the North Atlantic Treaty Organization and with other
permanent members of the United Nations Security Council to
bring about a peaceful settlement of the conflict in Bosnia
and Hercegovina which maintains the territorial integrity of
Bosnia and Hercegovina.
(2) A peaceful settlement of the conflict must preserve an
economically, politically, and militarily viable Bosnian
state capable of exercising its rights under the Charter of
the United Nations as part of a peaceful settlement, which
rights include the inherent right of a sovereign state to
self defense.
(3) The acceptance of the Contact Group proposal by the
Government of Bosnia and Hercegovina should lead to the
lifting of the Bosnia arms embargo.
(4) In providing weapons to the Bosnian Government or
taking other actions, care should be taken to provide for the
safety of the United Nations Protection Force (UNPROFOR) and
the civilian personnel working for the United Nations or
nongovernmental volunteer organizations.
(5) The United States should immediately seek to organize
an international effort to provide assistance to the states
bordering Serbia and Montenegro to bring about more effective
enforcement by those states of the international economic
sanctions on the Government of Serbia and Montenegro.
(d) General United States Policy.--The United States should
exercise leadership within the international community to
cause the Bosnian Serb faction to accept the Contact Group
proposal. Such action should be taken on separate but
complementary international and unilateral tracks, as set
forth in subsections (e), (f), and (g).
(e) International Policy.--If the Bosnian Serbs do not
accept the Contact Group proposal by the date that is the
later of October 15, 1994, or the end of the 10-day period
beginning on the date of the enactment of this Act, the
President (or his representative) should, not later than 14
days thereafter, formally introduce and support in the United
Nations Security Council a resolution to terminate the Bosnia
arms embargo. The resolution should provide for the
termination of the arms embargo no later than December 1,
1994 (and may allow for the termination to be accomplished in
stages ending no later than that date).
(f) Unilateral United States Policy.--(1) If by the earlier
of November 15, 1994, or the end of the 15-day period
beginning on the date on which a resolution described in
subsection (e) (or a similar resolution) is formally
introduced, the United Nations Security Council has not
agreed to such a resolution and the Bosnian Serbs have not
accepted the Contact Group proposal--
(A) the funding limitation specified in paragraph (2) shall
be in effect;
(B) the President shall submit a plan to, and shall consult
with, Congress on the manner in which United States Armed
Forces and the military forces of friendly states would
provide training to the armed forces of the Government of
Bosnia and Hercegovina outside of the territory of Bosnia and
Hercegovina; and
(C) the President shall submit a plan to, and shall consult
with, Congress regarding the unilateral termination by the
United States of compliance with the Bosnia arms embargo and
the implications thereof.
(2) If the funding limitation specified in this paragraph
is in effect pursuant to paragraph (1)(A), then no funds
appropriated by any provision of law may be used for the
purpose of participation in, support for, or assistance to
the enforcement of the Bosnia arms embargo by any Department,
agency or other entity of the United States (or by any
officer or employee of the United States or member of the
Armed Forces of the United States) other than as required of
all United Nations member states under the United Nations
Security Council resolution referred to in subsection (h)(3)
and the Charter of the United Nations.
(3)(A) The President may waive the limitation in paragraph
(2) in the case of United States military personnel serving
in NATO headquarters positions.
(B) Nothing in paragraph (2) is intended to impede
enforcement of sanctions against Serbia.
(g) Interim Policy.--If the Bosnian Serb faction attacks
any area within those areas that have been designated by the
United Nations as ``safe areas'', the President (or his
representative) should promptly formally introduce and
support in the United Nations Security Council a resolution
that authorizes a selective lifting of the Bosnia arms
embargo in order to allow the provision of defensive weapons
(such as anti-tank weapons, counter-battery radars, and
mortars) to enable the forces of the Government of Bosnia and
Hercegovina to defend the safe areas.
(h) Definitions.--For purposes of this section:
(1) The term ``Contact Group'' means the group composed of
representatives of the United States, Russia, France,
Britain, and Germany seeking to bring about a peaceful
settlement of the conflict in Bosnia and Hercegovina.
(2) The term ``Contact Group proposal'' means the peace
proposal of the Contact Group that has been agreed to by the
Government of Bosnia and Hercegovina and rejected by the
Bosnian Serb faction.
(3) The term ``Bosnia arms embargo'' means application to
the Government of Bosnia and Hercegovina of the arms embargo
imposed by United Nations Security Council resolution 713, of
September 25, 1991.
Subtitle B--Assistance Activities
SEC. 1411. OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
PROGRAMS.
(a) OHDACA Programs.--For purposes of section 301 and other
provisions of this Act, programs of the Department of Defense
designated as Overseas Humanitarian, Disaster, and Civic Aid
(OHDACA) programs are the programs provided by--
(1) sections 401, 402, 2547, and 2551 of title 10, United
States Code;
(2) section 404 of title 10, United States Code, as added
by section 1412; and
(3) section 1413 of this Act.
(b) Limitation.--Not more than one-half of the amount
authorized to be appropriated in section 301 for those
programs may be obligated until the regulations required to
be prescribed by subsection (a) of section 1504 of the
National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160; 107 Stat. 1839) have been prescribed.
SEC. 1412. FOREIGN DISASTER ASSISTANCE.
(a) Authority.--Subchapter I of chapter 20 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 404. Foreign disaster assistance
``(a) In General.--The President may direct the Secretary
of Defense to provide disaster assistance outside the United
States to respond to manmade or natural disasters when
necessary to prevent loss of lives.
``(b) Forms of Assistance.--Assistance provided under this
section may include transportation, supplies, services, and
equipment.
``(c) Notification Required.--Not later than 48 hours after
the commencement of
[[Page 1679]]
disaster assistance activities to provide assistance under
this section, the President shall transmit to Congress a
report containing notification of the assistance provided,
and proposed to be provided, under this section and a
description of so much of the following as is then available:
``(1) The manmade or natural disaster for which disaster
assistance is necessary.
``(2) The threat to human lives presented by the disaster.
``(3) The United States military personnel and material
resources that are involved or expected to be involved.
``(4) The disaster assistance that is being provided or is
expected to be provided by other nations or public or private
relief organizations.
``(5) The anticipated duration of the disaster assistance
activities.
``(d) Organizing Policies and Programs.--Amounts
appropriated to the Department of Defense for any fiscal year
for Overseas Humanitarian, Disaster, and Civic Aid (OHDACA)
programs of the Department shall be available for organizing
general policies and programs for disaster relief programs
for disasters occurring outside the United States.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``404. Foreign disaster assistance.''.
SEC. 1413. HUMANITARIAN ASSISTANCE PROGRAM FOR CLEARING
LANDMINES.
(a) Program Authorized.--The Secretary of Defense shall
carry out a program for humanitarian purposes to provide
assistance to other nations in the detection and clearance of
landmines. Such assistance shall be provided through
instruction, education, training, and advising of personnel
of those nations in the various procedures that have been
determined effective for detecting and clearing landmines.
(b) Forms of Assistance.--The Secretary may provide
assistance under subsection (a) by--
(1) providing Department of Defense personnel to conduct
the instruction, education, or training or to furnish advice;
or
(2) providing financial assistance or in-kind assistance in
support of such instruction, education, or training.
(c) Limitation on United States Military Personnel.--The
Secretary of Defense shall ensure that no member of the Armed
Forces of the United States--
(1) while providing assistance under subsection (a),
engages in the physical detection, lifting, or destroying of
landmines (unless the member does so for the concurrent
purpose of supporting a United States military operation); or
(2) provides such assistance as part of a military
operation that does not involve the Armed Forces of the
United States.
(d) Use of Funds.--Of the amount authorized to be
appropriated by section 301 for Overseas Humanitarian,
Disaster, and Civic Aid (OHDACA) programs of the Department
of Defense, not more than $20,000,000 shall be available for
the program under subsection (a). Such amount may be used--
(1) for activities to support the clearing of landmines for
humanitarian purposes, including activities relating to the
furnishing of education, training, and technical assistance;
(2) for the provision of equipment and technology by
transfer or lease to a foreign government that is
participating in a landmine clearing program under this
section; and
(3) for contributions to nongovernmental organizations that
have experience in the clearing of landmines to support
activities described in subsection (a).
(e) Notice to Congress.--The Secretary of Defense shall
provide notice to Congress of any activity carried out under
this section.
TITLE XV--ARMS CONTROL MATTERS
SEC. 1501. EXTENSION AND REVISION OF NONPROLIFERATION
AUTHORITIES.
(a) Extension of Nonproliferation Authorities.--Section
1505 of the National Defense Authorization Act for Fiscal
Year 1993 (22 U.S.C. 5859a) is amended--
(1) in subsection (a), by striking out ``during fiscal year
1994'' and inserting in lieu thereof ``during fiscal years
1994 and 1995''; and
(2) in subsection (e)(1), by striking out ``fiscal year
1994'' and inserting in lieu thereof ``fiscal years 1994 and
1995''.
(b) Activities for Which Assistance May Be Provided.--
Subsection (b) of such section is amended--
(1) in paragraph (1)--
(A) by striking out ``the International Atomic Energy
Agency (IAEA)'' and inserting in lieu thereof ``international
organizations'';
(B) by striking out ``nuclear'';
(C) by striking out ``aggressive'' and inserting in lieu
thereof ``effective''; and
(D) by striking out ``the Treaty on'' and all that follows
in such paragraph and inserting in lieu thereof
``international agreements on nonproliferation.''; and
(2) in paragraph (4), by striking out ``nuclear
proliferation through joint technical projects and improved
intelligence sharing'' and inserting in lieu thereof
``nuclear, biological, chemical, and missile proliferation
through technical projects and improved information
sharing''.
(c) Sources of Assistance.--Subsection (d) of such section
is amended--
(1) in paragraph (1)--
(A) by inserting ``for fiscal year 1994'' after ``under
this section''; and
(B) by striking out ``fiscal year 1994 or'' and inserting
in lieu thereof ``fiscal year 1994. Funds provided as
assistance under this section for fiscal year 1995 shall be
derived from amounts made available to the Department of
Defense for fiscal year 1995. Funds provided as assistance
under this section for a fiscal year referred to in this
paragraph may also be derived''; and
(2) in paragraph (3), by inserting after ``$25,000,000''
the following: ``for fiscal year 1994 or $20,000,000 for
fiscal year 1995''.
SEC. 1502. JOINT COMMITTEE FOR REVIEW OF COUNTERPROLIFERATION
PROGRAMS OF THE UNITED STATES.
(a) Name and Composition.--Subsection (a) of section 1605
of the National Defense Authorization Act for Fiscal Year
1994 (Public Law 103-160; 107 Stat 1845) is amended--
(1) in paragraph (1)--
(A) by striking out ``Non-Proliferation Program Review
Committee'' in the matter preceding subparagraph (A) and
inserting in lieu thereof ``Counterproliferation Program
Review Committee'';
(B) by striking out subparagraphs (B) and (E); and
(C) by redesignating subparagraphs (C), (D), and (F) as
subparagraphs (B), (C), and (D), respectively;
(2) in paragraph (2), by adding at the end the following:
``The Secretary of Energy shall serve as the Vice Chairman of
the committee.'';
(3) in paragraph (4), by adding at the end the following:
``The Secretary of Energy may delegate to the Under Secretary
of Energy responsible for national security programs of the
Department of Energy the performance of the duties of the
Vice Chairman of the committee.''; and
(4) by striking out paragraph (5).
(b) Purposes of Committee.--Subsection (b) of such section
is amended--
(1) in paragraph (1)(A), by striking out ``nonproliferation
policy'' and inserting in lieu thereof ``counterproliferation
policy''; and
(2) by adding at the end the following new paragraphs:
``(3) To establish priorities for programs and funding.
``(4) To encourage and facilitate interagency and
interdepartmental funding of programs in order to ensure
necessary levels of funding to develop, operate, and field
highly-capable systems.
``(5) To ensure that Department of Energy programs are
integrated with the operational needs of other departments
and agencies of the Government.
``(6) To ensure that Department of Energy national security
programs include technology demonstrations and prototype
development of equipment.''.
(c) Duties.--Subsection (c) of such section is amended--
(1) in paragraph (1)--
(A) by striking out ``(including counterproliferation
capabilities) and technologies for support of United States
nonproliferation policy'' in the matter preceding
subparagraph (A) and inserting in lieu thereof ``and
technologies for support of United States nonproliferation
policy and counterproliferation policy'';
(B) by inserting ``and'' at the end of subparagraph (D);
and
(C) by striking out subparagraphs (F) and (G);
(2) by striking out paragraphs (2), (3), and (7);
(3) in paragraph (4), by striking out ``to support fully
the nonproliferation policy of the United States'';
(4) by redesignating paragraphs (4), (5), and (6) as
paragraphs (2), (3), and (4), respectively; and
(5) by adding at the end the following new paragraph (5):
``(5) assess each fiscal year the effectiveness of the
committee actions during the preceding fiscal year,
including, particularly, the status of recommendations made
during such preceding fiscal year that were reflected in the
budget submitted to Congress pursuant to section 1105(a) of
title 31, United States Code, for the fiscal year following
the fiscal year in which the assessment is made.''.
(d) Committee Recommendations.--Subsection (e) of such
section is amended to read as follows:
``(e) Recommendations.--The committee shall submit to the
President and the heads of all appropriate departments and
agencies of the Government such programmatic recommendations
regarding existing, planned, or new programs as the committee
considers appropriate to encourage funding for capabilities
and technologies at the level necessary to support United
States counterproliferation policy.''.
(e) Extension of Committee.--Subsection (f) of such section
is amended by striking out ``six months after the date on
which the report of the Secretary of Defense under section
1606 is submitted to Congress'' and inserting in lieu thereof
``at the end of September 30, 1996''.
(g) Heading Amendment.--The heading of such section is
amended by striking out ``proliferation'' and inserting in
lieu thereof ``counterproliferation''.
SEC. 1503. REPORTS ON COUNTERPROLIFERA-TION ACTIVITIES AND
PROGRAMS.
(a) Report Required.--Not later than May 1, 1995, and May
1, 1996, the Secretary of Defense shall submit to Congress a
report of the findings of the Counterproliferation Program
Review Committee established by subsection (a) of the Review
Committee charter.
[[Page 1680]]
(2) For purposes of this section, the term ``Review
Committee charter'' means section 1605 of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law
103-160), as amended by section 1502.
(b) Content of Report.--Each report under subsection (a)
shall include the following:
(1) A complete list, by specific program element, of the
existing, planned, or newly proposed capabilities and
technologies reviewed by the Review Committee pursuant to
subsection (c) of the Review Committee charter.
(2) A complete description of the requirements and
priorities established by the Review Committee.
(3) A comprehensive discussion of the near-term, mid-term,
and long-term programmatic options formulated by the Review
Committee for meeting requirements prescribed by the Review
Committee and for eliminating deficiencies identified by the
Review Committee, including the annual funding requirements
and completion dates established for each such option.
(4) An explanation of the recommendations made pursuant to
subsection (c) of the Review Committee charter, together with
a full discussion of the actions taken to implement such
recommendations or otherwise taken on the recommendations.
(5) A discussion and assessment of the status of each
Review Committee recommendation during the fiscal year
preceding the fiscal year in which the report is submitted,
including, particularly, the status of recommendations made
during such preceding fiscal year that were reflected in the
budget submitted to Congress pursuant to section 1105(a) of
title 31, United States Code, in the fiscal year of the
report.
(6) Each specific Department of Energy program that the
Secretary of Energy plans to develop to initial operating
capability and each such program that the Secretary does not
plan to develop to initial operating capability.
(7) For each technology program scheduled to reach initial
operational capability, a recommendation from the Chairman of
the Joint Chiefs of Staff that represents the views of the
commanders of the unified and specified commands regarding
the utility and requirement of the program.
(c) Forms of Report.--Each such report shall be submitted
in both unclassified and classified forms, including an annex
to the classified report for special compartmented
information programs, special access programs, and special
activities programs.
SEC. 1504. AMOUNTS FOR COUNTERPROLIFERA-TION ACTIVITIES.
(a) Counterproliferation Activities.--Of the amount
authorized to be appropriated in section 201(4), $16,500,000
shall be available for counterproliferation activities.
(b) Limitation.--(1) Of the funds made available pursuant
to subsection (a), $4,000,000 may not be obligated until the
Secretary of Defense submits to Congress a report on a
proposed classified counterproliferation database system. The
report shall provide--
(A) an assessment of current major databases and software
capabilities of entities in the intelligence community and of
national weapons laboratories and laboratories of the Armed
Forces against capabilities defined in the proposed project;
and
(B) an assessment of the technical feasibility of the
proposed system, program plan, strategy, milestones and
future year funding.
(2) No funds may be obligated for the database system
described in the report until the Secretary of Defense and
the Director of Central Intelligence enter into a written
agreement concerning the program to develop that database
system that provides--
(A) how funding for that program is to be divided between
(i) the account of the National Foreign Intelligence Program,
and (ii) Tactical Intelligence and Related Program accounts;
and
(B) a plan for the sources of funds for, and the programmed
amounts for, that program for fiscal years after fiscal year
1995.
(c) Education in Support of Counterproliferation
Activities.--Of the amount authorized to be appropriated in
section 301(5), not more than $2,000,000 shall be available
for providing education to members of the Armed Forces in
matters relating to counterproliferation.
(d) Additional Authority To Transfer Authorizations.--(1)
In addition to the transfer authority provided in section
1001, upon determination by the Secretary of Defense that
such action is necessary in the national interest, the
Secretary may transfer amounts of authorizations made
available to the Department of Defense in this division for
fiscal year 1995 to counterproliferation programs, projects,
and activities identified as areas for progress by the
Counterproliferation Program Review Committee established by
section 1605 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160, as amended by section
1502. Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) The total amount of authorizations that the Secretary
may transfer under the authority of this subsection may not
exceed $100,000,000.
(3) The authority provided by this subsection to transfer
authorizations--
(A) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(B) may not be used to provide authority for an item that
has been denied authorization by Congress.
(4) A transfer made from one account to another under the
authority of this subsection shall be deemed to increase the
amount authorized for the account to which the amount is
transferred by an amount equal to the amount transferred.
(5) The Secretary of Defense shall promptly notify Congress
of transfers made under the authority of this subsection.
(e) Use of Funds for Technology Development.--(1) Of the
funds authorized to be appropriated by section 201(4) for
counterproliferation technology projects--
(A) up to $5,000,000 shall be available for a program to
detect, locate, and disarm weapons of mass destruction that
are hidden by a hostile state or terrorist or terrorist group
in a confined area outside the United States; and
(B) up to $10,000,000 shall be available for the training
program referred to in paragraph (3).
(2) The Secretary of Defense shall make funds available for
the program referred to in paragraph (1)(A) in a manner that,
to the maximum extent practicable, ensures the effective use
of existing resources of the national weapons laboratories.
(3)(A) The training program referred to in paragraph (1)(B)
is a training program carried out jointly by the Secretary of
Defense and the Director of the Federal Bureau of
Investigation in order to expand and improve United States
efforts to deter the possible proliferation and acquisition
weapons of mass destruction by organized crime organizations
in Eastern Europe, the Baltic countries, and states of the
former Soviet Union.
(B) Of the funds available under paragraph (1)(B) for the
program referred to in subparagraph (A), $9,000,000 may not
be obligated or expended for that program until the Secretary
of Defense and the Director of the Federal Bureau of
Investigation jointly submit to the congressional committees
specified in subparagraph (C) a report that--
(i) identifies the nature and extent of the threat posed to
the United States by the possible proliferation and
acquisition of weapons of mass destruction by organized crime
organizations in Eastern Europe, the Baltic countries, and
states of the former Soviet Union;
(ii) assesses the actions that the United States should
undertake in order to assist law enforcement agencies of
Eastern Europe, the Baltic countries, and states of the
former Soviet Union in the efforts of such agencies to
prevent and deter the theft of nuclear weapons material; and
(iii) contains an estimate of--
(I) the cost of undertaking such actions, including the
costs of personnel, support equipment, and training;
(II) the time required to commence the carrying out of the
program referred to in paragraph (1)(B); and
(III) the amount of funds, if any, that will be required in
fiscal years after fiscal year 1995 in order to carry out the
program.
(C) The congressional committees referred to in this
subparagraph are the following:
(i) The Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives.
(ii) The Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.
SEC. 1505. STUDIES RELATING TO UNITED STATES
COUNTERPROLIFERATION POLICY.
(a) Extension of Authority.--Subsection (a) of section 1603
of the National Defense Authorization Act for Fiscal Year
1994 (22 U.S.C. 5859a; 107 Stat. 1843) is amended by striking
out ``During fiscal year 1994, the Secretary'' and inserting
in lieu thereof ``The Secretary''.
(b) Revision of Reporting Requirement.--Such section is
further amended--
(1) by striking out subsections (d) and (e);
(2) by redesignating subsection (f) as subsection (d); and
(3) in subsection (d) (as so redesignated)--
(A) by striking ``and not later than October 30 of each
year''; and
(B) by striking out ``six-month'' and inserting in lieu
thereof ``twelve-month''.
(c) Fiscal Year 1995 Amount.--Of the funds authorized to be
appropriated by section 201(4) for technical studies,
support, and analysis (PE 605104D), up to $2,000,000 shall be
available for studies relating to United States
counterproliferation policy.
SEC. 1506. RESTRICTION RELATING TO SUBMISSION OF REPORT ON
PROLIFERATION OF FOREIGN MILITARY SATELLITES.
None of the funds available to the Department of Defense
may be expended for travel by the Assistant Secretary of
Defense for International Security Policy until the Secretary
of Defense submits to Congress the report required by section
1363 of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 106 Stat. 2560).
SEC. 1507. LIMITATION ON FUNDS FOR STUDIES PENDING RECEIPT OF
PREVIOUSLY REQUIRED REPORT.
(a) Limitation.--Of the total amount specified in section
1505 for counterproliferation activities for fiscal year
1995, $1,000,000 shall be withheld from obligation until the
report described in subsection (b) has been submitted to
Congress.
(b) Report.--The report referred to in subsection (a) is
the report required to be submitted to Congress not later
than May 30,
[[Page 1681]]
1994, pursuant to section 1422 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
107 Stat. 1829).
SEC. 1508. SENSE OF CONGRESS CONCERNING INDEFINITE EXTENSION
OF NUCLEAR NON-PROLIFERATION TREATY.
(a) Findings.--Congress makes the following findings:
(1) The Treaty on the Non-Proliferation of Nuclear Weapons,
signed at Washington, D.C., London, and Moscow on July 1,
1968, is the centerpiece of global efforts to prevent the
spread of nuclear weapons.
(2) The United States has demonstrated longstanding support
for that treaty and related efforts to prevent the spread of
nuclear weapons.
(3) President Clinton has declared that preventing the
spread of nuclear weapons is one of the highest priorities of
his Administration.
(4) In April 1995, the parties to the Treaty on the Non-
Proliferation of Nuclear Weapons will convene a conference in
New York City to discuss the indefinite extension of the
treaty.
(5) The policy of the President is to seek at that
conference the indefinite and unconditional extension of that
treaty.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the President has the full support of Congress in
seeking the indefinite and unconditional extension of the
Treaty on the Non-Proliferation of Nuclear Weapons;
(2) the President, when formulating and implementing other
elements of nonproliferation policy of the United States
(including United States counterproliferation doctrine, the
Nuclear Posture Review, and nuclear testing policy), should
take into account the objectives of the United States at the
1995 conference of the parties to the Treaty on the Non-
Proliferation of Nuclear Weapons; and
(3) the President and the President's senior national
security advisers should dedicate themselves to ensuring the
indefinite and unconditional extension of the Treaty on the
Non-Proliferation of Nuclear Weapons at the 1995 conference
for that treaty.
SEC. 1509. NEGOTIATION OF LIMITATIONS ON NUCLEAR WEAPONS
TESTING.
(a) Findings.--Congress makes the following findings:
(1) On January 25, 1994, the United States and 37 other
nations began negotiations for a comprehensive treaty to ban
permanently all nuclear weapons testing.
(2) On March 14, 1994, the President extended the current
United States moratorium on nuclear weapons testing through
September 1995.
(3) The United States is seeking to extend indefinitely the
Treaty on the Non-Proliferation of Nuclear Weapons at the
conference of the parties to the Treaty to be held in New
York City in April 1995.
(4) Conclusion of a comprehensive nuclear test ban treaty
could contribute toward successful negotiations to extend the
Treaty on the Non-Proliferation of Nuclear Weapons.
(5) Agreements to eliminate nuclear weapons testing and to
control the spread of nuclear weapons could contribute to the
national security of the United States, its allies, and other
nations around the world.
(b) Statement of Congressional Policy.--In view of the
findings set forth in subsection (a), Congress--
(1) applauds the President for maintaining the United
States moratorium on nuclear weapons testing and for taking a
leadership role toward negotiation of a comprehensive nuclear
test ban treaty;
(2) encourages all nuclear powers to refrain from
conducting nuclear explosions, before the conclusion of a
comprehensive nuclear test ban treaty; and
(3) urges the Conference on Disarmament to make all
possible progress toward a comprehensive nuclear test ban
treaty by the end of 1994.
TITLE XVI--RESERVE OFFICER PERSONNEL MANAGEMENT ACT (ROPMA)
SEC. 1601. SHORT TITLE.
This title may be cited as the ``Reserve Officer Personnel
Management Act''.
SEC. 1602. REFERENCES TO TITLE 10, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of title 10, United States Code.
Subtitle A--Reserve Officer Personnel Management
PART I--REVISED AND STANDARDIZED RESERVE OFFICER PERSONNEL SYSTEM
SEC. 1611. PROMOTION AND RETENTION OF RESERVE OFFICERS.
Title 10, United States Code, is amended by adding at the
end the following new subtitle:
``Subtitle E--Reserve Components
``PART I--ORGANIZATION AND ADMINISTRATION
``Chap. Sec.
``1001. Definitions...........................................10001....
``1003. Reserve Components Generally..........................10101....
``1005. Elements of Reserve Components........................10141....
``1007. Administration of Reserve Components..................10201....
``1009. Reserve Forces Policy Boards and Committees...........10301....
``1011. National Guard Bureau.................................10501....
``1013. Budget Information and Annual Reports to Congress.....10541....
``PART II--PERSONNEL GENERALLY
``1201. Authorized Strengths and Distribution in Grade........12001....
``1203. Enlisted Members......................................12101....
``1205. Appointment of Reserve Officers.......................12201....
``1207. Warrant Officers......................................12241....
``1209. Active Duty...........................................12301....
``1211. National Guard Members in Federal Service.............12401....
``1213. Special Appointments, Assignments, Details, and Duties12501....
``1215. Miscellaneous Prohibitions and Penalties [No present sections].
``1217. Miscellaneous Rights and Benefits.....................12601....
``1219. Standards and Procedures for Retention and Promotion..12641....
``1221. Separation............................................12681....
``1223. Retired Pay for Non-Regular Service...................12731....
``1225. Retired Grade.........................................12771....
``PART III--PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-
STATUS LIST
``1401. Applicability and Reserve Active-Status Lists.........14001....
``1403. Selection Boards......................................14101....
``1405. Promotions............................................14301....
``1407. Failure of Selection for Promotion and Involuntary Sep14501on..
``1409. Continuation of Officers on the Reserve-Active Status List and
Selective Early Removal...................................14701....
``1411. Additional Provisions Relating to Involuntary Separati14901....
``PART IV--TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL ASSISTANCE
PROGRAMS
``1601. Training Generally [No present sections].......................
``1606. Educational Assistance for Members of the Selected Res16131....
``1608. Health Professions Stipend Program....................16201....
``1609. Education Loan Repayments.............................16301....
``PART V--SERVICE, SUPPLY, AND PROCUREMENT
``1801. Issue of Serviceable Material to Reserve Components [No present
sections]............................................................
``1803. Facilities for Reserve Components.....................18231....
``1805. Miscellaneous Provisions..............................18501....
``PART III--PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-
STATUS LIST
``Chap. Sec.
``1401. Applicability and Reserve Active-Status Lists.............14001
``1403. Selection Boards..........................................14101
``1405. Promotions................................................14301
``1407. Failure of Selection for Promotion and Involuntary Separat14501
``1409. Continuation of Officers on the Reserve Active-Status List and
Selective Early Removal.......................................14701
``1411. Additional Provisions Relating to Involuntary Separation..14901
``CHAPTER 1401--APPLICABILITY AND RESERVE ACTIVE-STATUS LISTS
``Sec.
``14001. Applicability of this part.
``14002. Reserve active-status lists: requirement for each armed force.
``14003. Reserve active-status lists: position of officers on the list.
``14004. Reserve active-status lists: eligibility for Reserve
promotion.
``14005. Competitive categories.
``14006. Determination of years in grade.
``Sec. 14001. Applicability of this part
``This chapter and chapters 1403 through 1411 of this title
apply, as appropriate, to all reserve officers of the Army,
Navy, Air Force, and Marine Corps except warrant officers.
``Sec. 14002. Reserve active-status lists: requirement for
each armed force
``(a) The Secretary of each military department shall
maintain a single list, to be known as the reserve active-
status list, for each armed force under the Secretary's
jurisdiction. That list shall include the names of all
reserve officers of that armed force who are in an active
status other than those on an active-duty list described in
section 620 of this title or warrant officers (including
commissioned warrant officers).
``(b) The reserve active-status list for the Army shall
include officers in the Army Reserve and the Army National
Guard of the United States. The reserve active-status list
for the Air Force shall include officers in the Air Force
Reserve and the Air National Guard of the United States. The
Secretary of the Navy shall maintain separate lists for the
Naval Reserve and the Marine Corps Reserve.
``Sec. 14003. Reserve active-status: position of officers on
the list
``(a) Position on List.--Officers shall be carried on the
reserve active-status list of the armed force of which they
are members in the order of seniority of the grade in which
they are serving in an active status. Officers serving in the
same grade shall be carried in the order of their rank in
that grade.
``(b) Effect on Position Held by Reason of Temporary
Appointment or Assignment.--An officer whose position on the
reserve active-status list results from service under a
temporary appointment or in a grade held by reason of
assignment to a position has, when that appointment or
assignment ends, the grade and position on that list that
[[Page 1682]]
the officer would have held if the officer had not received
that appointment or assignment.
``Sec. 14004. Reserve active-status lists: eligibility for
Reserve promotion
``Except as otherwise provided by law, an officer must be
on a reserve active-status list to be eligible under chapter
1405 of this title for consideration for selection for
promotion or for promotion.
``Sec. 14005. Competitive categories
``Each officer whose name appears on a reserve active-
status list shall be placed in a competitive category. The
competitive categories for each armed force shall be
specified by the Secretary of the military department
concerned under regulations prescribed by the Secretary of
Defense. Officers in the same competitive category shall
compete among themselves for promotion.
``Sec. 14006. Determination of years in grade
``For the purpose of chapters 1403 through 1411 of this
title, an officer's years of service in a grade are computed
from the officer's date of rank in grade as determined under
section 741(d) of this title.
``CHAPTER 1403--SELECTION BOARDS
``Sec.
``14101. Convening of selection boards.
``14102. Selection boards: appointment and composition.
``14103. Oath of members.
``14104. Confidentiality of board proceedings.
``14105. Notice of convening of selection board.
``14106. Communication with board by officers under consideration.
``14107. Information furnished by the Secretary concerned to promotion
boards.
``14108. Recommendations by promotion boards.
``14109. Reports of promotion boards: in general.
``14110. Reports of promotion boards: review by Secretary.
``14111. Reports of selection boards: transmittal to President.
``14112. Dissemination of names of officers selected.
``Sec. 14101. Convening of selection boards
``(a) Promotion Boards.--(1) Whenever the needs of the
Army, Navy, Air Force, or Marine Corps require, the Secretary
concerned shall convene a selection board to recommend for
promotion to the next higher grade, under chapter 1405 of
this title, officers on the reserve active-status list of
that armed force in a permanent grade from first lieutenant
through brigadier general or, in the case of the Naval
Reserve, lieutenant (junior grade) through rear admiral
(lower half). A selection board convened under this
subsection shall be known as a `promotion board'.
``(2) A promotion board convened to recommend reserve
officers of the Army or reserve officers of the Air Force for
promotion (A) to fill a position vacancy under section 14315
of this title, or (B) to the grade of brigadier general or
major general, shall (except in the case of a board convened
to consider officers as provided in section 14301(e) of this
title) be known as a `vacancy promotion board'. Any other
promotion board convened under this subsection shall be known
as a `mandatory promotion board'.
``(b) Continuation Boards.--Whenever the needs of the Army,
Navy, Air Force, or Marine Corps require, the Secretary
concerned may convene a selection board to recommend officers
of that armed force--
``(1) for continuation on the reserve active-status list
under section 14701 of this title;
``(2) for selective early removal from the reserve active-
status list under section 14704 of this title; or
``(3) for selective early retirement under section 14705 of
this title.
A selection board convened under this subsection shall be
known as a `continuation board'.
``Sec. 14102. Selection boards: appointment and composition
``(a) Appointment.--Members of selection boards convened
under section 14101 of this title shall be appointed by the
Secretary of the military department concerned in accordance
with this section. Promotion boards and special selection
boards shall consist of five or more officers. Continuation
boards shall consist of three or more officers. All of the
officers of any such selection board shall be of the same
armed force as the officers under consideration by the board.
``(b) Composition.--At least one-half of the members of
such a selection board shall be reserve officers, to include
at least one reserve officer from each reserve component from
which officers are to be considered by the board. Each member
of a selection board must hold a permanent grade higher than
the grade of the officers under consideration by the board,
and no member of a board may hold a grade below major or
lieutenant commander.
``(c) Representation of Competitive Categories.--(1) Except
as provided in paragraph (2), a selection board shall include
at least one officer from each competitive category of
officers to be considered by the board.
``(2) A selection board need not include an officer from a
competitive category to be considered by the board if there
is no officer of that competitive category on the reserve
active-status list or the active-duty list in a permanent
grade higher than the grade of the officers to be considered
by the board and otherwise eligible to serve on the board.
However, in such a case, the Secretary of the military
department concerned, in his discretion, may appoint as a
member of the board a retired officer of that competitive
category who is in the same armed force as the officers under
consideration by the board who holds a higher grade than the
grade of the officers under consideration.
``(d) Prohibition of Service on Consecutive Promotion
Boards.--No officer may be a member of two successive
promotion boards convened under section 14101(a) of this
title for the consideration of officers of the same
competitive category and grade if the second of the two
boards is to consider any officer who was considered and not
recommended for promotion to the next higher grade by the
first of the two boards.
``Sec. 14103. Oath of members
``Each member of a selection board convened under section
14101 of this title shall take an oath to perform the duties
of a member of the board without prejudice or partiality,
having in view both the special fitness of officers and the
efficiency of the member's armed force.
``Sec. 14104. Confidentiality of board proceedings
``Except as otherwise authorized or required by law, the
proceedings of a selection board convened under section 14101
of this title may not be disclosed to any person not a member
of the board.
``Sec. 14105. Notice of convening of promotion board
``(a) Required Notice.--At least 30 days before a promotion
board is convened under section 14101(a) of this title to
consider officers in a grade and competitive category for
promotion to the next higher grade, the Secretary concerned
shall either (1) notify in writing the officers eligible for
consideration by the board for promotion regarding the
convening of the board, or (2) issue a general written notice
to the armed force concerned regarding the convening of the
board.
``(b) Content of Notice.--A notice under subsection (a)
shall include the date on which the board is to convene and
(except in the case of a vacancy promotion board) the name
and date of rank of the junior officer, and of the senior
officer, in the promotion zone as of the date of the notice.
``Sec. 14106. Communication with board by officers under
consideration
``Subject to regulations prescribed by the Secretary of the
military department concerned, an officer eligible for
consideration by a promotion board convened under section
14101(a) of this title who is in the promotion zone or above
the promotion zone, or who is to be considered by a vacancy
promotion board, may send a written communication to the
board calling attention to any matter concerning the officer
which the officer considers important to the officer's case.
Any such communication shall be sent so as to arrive not
later than the date on which the board convenes. The board
shall give consideration to any timely communication under
this section.
``Sec. 14107. Information furnished by the Secretary
concerned to promotion boards
``(a) Integrity of the Promotion Selection Board Process.--
(1) The Secretary of Defense shall prescribe regulations
governing information furnished to selection boards convened
under section 14101(a) of this title. Those regulations shall
apply uniformly among the military departments. Any
regulations prescribed by the Secretary of a military
department to supplement those regulations may not take
effect without the approval of the Secretary of Defense in
writing.
``(2) No information concerning a particular eligible
officer may be furnished to a selection board except for the
following:
``(A) Information that is in the officer's official
military personnel file and that is provided to the selection
board in accordance with the regulations prescribed by the
Secretary of Defense pursuant to paragraph (1).
``(B) Other information that is determined by the Secretary
of the military department concerned, after review by that
Secretary in accordance with standards and procedures set out
in the regulations prescribed by the Secretary of Defense
pursuant to paragraph (1), to be substantiated, relevant
information that could reasonably and materially affect the
deliberations of the promotion board.
``(C) Subject to such limitations as may be prescribed in
those regulations, information communicated to the board by
the officer in accordance with this section, section 14106 of
this title (including any comment on information referred to
in subparagraph (A) regarding that officer), or other
applicable law.
``(D) A factual summary of the information described in
subparagraphs (A), (B), and (C) that, in accordance with the
regulations prescribed pursuant to paragraph (1) is prepared
by administrative personnel for the purpose of facilitating
the work of the selection board.
``(3) Information provided to a promotion board in
accordance with paragraph (2) shall be made available to all
members of the board and shall be made a part of the record
of the board. Communication of such information shall be in a
written form or in the form of an audio or video recording.
If a communication is in the form of an audio or video
recording, a written transcription of the recording shall
also be made a part of the record of the promotion board.
``(4) Paragraphs (2) and (3) do not apply to the furnishing
of appropriate administrative processing information to the
promotion board by an administrative staff designated to
assist the board, but only to the extent that oral
communications are necessary to facilitate the work of the
board.
[[Page 1683]]
``(5) Information furnished to a promotion board that is
described in subparagraph (B), (C), or (D) of paragraph (2)
may not be furnished to a later promotion board unless--
``(A) the information has been properly placed in the
official military personnel file of the officer concerned; or
``(B) the information is provided to the later selection
board in accordance with paragraph (2).
``(6)(A) Before information described in paragraph (2)(B)
regarding an eligible officer is furnished to a selection
board, the Secretary of the military department concerned
shall ensure--
``(i) that such information is made available to such
officer; and
``(ii) that the officer is afforded a reasonable
opportunity to submit comments on that information to the
promotion board.
``(B) If an officer cannot be given access to the
information referred to in subparagraph (A) because of its
classification status, the officer shall, to the maximum
extent practicable, be furnished an appropriate summary of
the information.
``(b) Information To Be Furnished.--The Secretary of the
military department concerned shall furnish to a promotion
board convened under section 14101(a) of this title the
following:
``(1) In the case of a mandatory promotion board, the
maximum number (as determined in accordance with section
14307 of this title) of officers in each competitive category
under consideration that the board is authorized to recommend
for promotion to the next higher grade.
``(2) The name of each officer in each competitive category
under consideration who is to be considered by the board for
promotion.
``(3) The pertinent records (as determined by the
Secretary) of each officer whose name is furnished to the
board.
``(4) Information or guidelines relating to the needs of
the armed force concerned for officers having particular
skills, including (except in the case of a vacancy promotion
board) guidelines or information relating to either a minimum
number or a maximum number of officers with particular skills
within a competitive category.
``(5) Such other information or guidelines as the Secretary
concerned may determine to be necessary to enable the board
to perform its functions.
``(c) Limitation on Modifying Furnished Information.--
Information or guidelines furnished to a selection board
under subsection (a) may not be modified, withdrawn, or
supplemented after the board submits its report to the
Secretary of the military department concerned pursuant to
section 14109(a) of this title. However, in the case of a
report returned to a board pursuant to section 14110(a) of
this title for further proceedings because of a determination
by the Secretary of the military department concerned that
the board acted contrary to law, regulation, or guidelines,
the Secretary may modify, withdraw, or supplement such
information or guidelines as part of a written explanation to
the board as provided in that section.
``(d) Officers in Health-Professions Competitive
Categories.--The Secretary of each military department, under
uniform regulations prescribed by the Secretary of Defense,
shall include in guidelines furnished to a promotion board
convened under section 14101(a) of this title that is
considering officers in a health-professions competitive
category for promotion to a grade below colonel or, in the
case of officers of the Naval Reserve, captain, a direction
that the board give consideration to an officer's clinical
proficiency and skill as a health professional to at least as
great an extent as the board gives to the officer's
administrative and management skills.
``Sec. 14108. Recommendations by promotion boards
``(a) Recommendation of Best Qualified Officers.--A
promotion board convened under section 14101(a) of this title
shall recommend for promotion to the next higher grade those
officers considered by the board whom the board considers
best qualified for promotion within each competitive category
considered by the board or, in the case of a vacancy
promotion board, among those officers considered to fill a
vacancy. In determining those officers who are best qualified
for promotion, the board shall give due consideration to the
needs of the armed force concerned for officers with
particular skills (as noted in the guidelines or information
furnished the board under sections 14107 of this title).
``(b) Majority Required.--A promotion board convened under
section 14101(a) of this title may not recommend an officer
for promotion unless--
``(1) the officer receives the recommendation of a majority
of the members of the board; and
``(2) a majority of the members of the board finds that the
officer is fully qualified for promotion.
``(c) Board Recommendation Required for Promotion.--Except
as otherwise provided by law, an officer on the reserve
active-status list may not be promoted to a higher grade
under chapter 1405 of this title unless the officer is
considered and recommended for promotion to that grade by a
promotion board convened under section 14101(a) of this title
(or by a special selection board convened under section 14502
of this title).
``(d) Disclosure of Board Recommendations.--The
recommendations of a promotion board may be disclosed only in
accordance with regulations prescribed by the Secretary of
Defense. Those recommendations may not be disclosed to a
person not a member of the board (or a member of the
administrative staff designated by the Secretary concerned to
assist the board) until the written report of the
recommendations of the board, required by section 14109 of
this title, is signed by each member of the board.
``(e) Prohibition of Coercion and Unauthorized Influence of
Actions of Board Members.--The Secretary convening a
promotion board under section 14101(a) of this title, and an
officer or other official exercising authority over any
member of a selection board, may not--
``(1) censure, reprimand, or admonish the selection board
or any member of the board with respect to the
recommendations of the board or the exercise of any lawful
function within the authorized discretion of the board; or
``(2) attempt to coerce or, by any unauthorized means,
influence any action of a promotion board or any member of a
promotion board in the formulation of the board's
recommendations.
``Sec. 14109. Reports of promotion boards: in general
``(a) Report of Officers Recommended for Promotion.--Each
promotion board convened under section 14101(a) of this title
shall submit to the Secretary of the military department
concerned a report in writing containing a list of the names
of the officers recommended by the board for promotion. The
report shall be signed by each member of the board.
``(b) Certification.--Each report under subsection (a)
shall include a certification--
``(1) that the board has carefully considered the record of
each officer whose name was furnished to the board; and
``(2) that, in the case of a promotion board convened under
section 14101(a) of this title, in the opinion of a majority
of the members of the board, the officers recommended for
promotion by the board are best qualified for promotion to
meet the needs of the armed force concerned (as noted in the
guidelines or information furnished the board under section
14107 of this title) among those officers whose names were
furnished to the selection board.
``(c) Show-Cause Recommendations.--(1) A promotion board
convened under section 14101(a) of this title shall include
in its report to the Secretary concerned the name of any
reserve officer before it for consideration for promotion
whose record, in the opinion of a majority of the members of
the board, indicates that the officer should be required to
show cause for retention in an active status.
``(2) If such a report names an officer as having a record
which indicates that the officer should be required to show
cause for retention, the Secretary concerned may provide for
the review of the record of that officer as provided under
regulations prescribed under section 14902 of this title.
``Sec. 14110. Reports of promotion boards: review by
Secretary
``(a) Review of Report.--Upon receipt of the report of a
promotion board submitted under section 14109(a) of this
title, the Secretary of the military department concerned
shall review the report to determine whether the board has
acted contrary to law or regulation or to guidelines
furnished the board under section 14107(a) of this title.
Following that review, unless the Secretary concerned makes a
determination as described in subsection (b), the Secretary
shall submit the report as required by section 14111 of this
title.
``(b) Return of Report for Further Proceedings.--If, on the
basis of a review of the report under subsection (a), the
Secretary of the military department concerned determines
that the board acted contrary to law or regulation or to
guidelines furnished the board under section 14107(a) of this
title, the Secretary shall return the report, together with a
written explanation of the basis for such determination, to
the board for further proceedings. Upon receipt of a report
returned by the Secretary concerned under this subsection,
the selection board (or a subsequent selection board convened
under section 14101(a) of this title for the same grade and
competitive category) shall conduct such proceedings as may
be necessary in order to revise the report to be consistent
with law, regulation, and such guidelines and shall resubmit
the report, as revised, to the Secretary in accordance with
section 14109 of this title.
``Sec. 14111. Reports of selection boards: transmittal to
President
``(a) Transmittal to President.--The Secretary concerned,
after final review of the report of a selection board under
section 14110 of this title, shall submit the report with the
Secretary's recommendations, to the Secretary of Defense for
transmittal by the Secretary to the President for approval or
disapproval. If the authority of the President to approve or
disapprove the report of a promotion board is delegated to
the Secretary of Defense, that authority may not be
redelegated except to an official in the Office of the
Secretary of Defense.
``(b) Removal of Name From Board Report.--The name of an
officer recommended for promotion by a selection board may be
removed from the report of the selection board only by the
President.
``(c) Recommendations for Removal of Selected Officers From
Report.--If the Secretary of a military department or the
Secretary of Defense makes a recommendation under this
section that the name of an officer be removed from the
report of a pro-
[[Page 1684]]
motion board and the recommendation is accompanied by
information that was not presented to that promotion board,
that information shall be made available to that officer. The
officer shall then be afforded a reasonable opportunity to
submit comments on that information to the officials making
the recommendation and the officials reviewing the
recommendation. If an eligible officer cannot be given access
to such information because of its classification status, the
officer shall, to the maximum extent practicable, be provided
with an appropriate summary of the information.
``Sec. 14112. Dissemination of names of officers selected
``Upon approval by the President of the report of a
promotion board, the names of the officers recommended for
promotion by the promotion board (other than any name removed
by the President) may be disseminated to the armed force
concerned. If those names have not been sooner disseminated,
those names (other than the name of any officer whose
promotion the Senate failed to confirm) shall be promptly
disseminated to the armed force concerned upon confirmation
by the Senate.
``CHAPTER 1405--PROMOTIONS
``Sec.
``14301. Eligibility for consideration for promotion: general rules.
``14302. Promotion zones.
``14303. Eligibility for consideration for promotion: minimum years of
service in grade.
``14304. Eligibility for consideration for promotion: maximum years of
service in grade.
``14305. Establishment of promotion zones: mandatory consideration for
promotion.
``14306. Establishment of promotion zones: Naval Reserve and Marine
Corps Reserve running mate system.
``14307. Numbers of officers to be recommended for promotion.
``14308. Promotions: how made.
``14309. Acceptance of promotion: oath of office.
``14310. Removal of officers from a list of officers recommended for
promotion.
``14311. Delay of promotion: involuntary.
``14312. Delay of promotion: voluntary.
``14313. Authority to vacate promotions to grade of brigadier general
or rear admiral (lower half).
``14314. Army and Air Force commissioned officers: generals ceasing to
occupy positions commensurate with grade; state adjutants
general.
``14315. Position vacancy promotions: Army and Air Force officers.
``14316. Army National Guard and Air National Guard: appointment to and
Federal recognition in a higher reserve grade after
selection for promotion.
``14317. Officers in transition to and from the active-status list or
active-duty list.
``Sec. 14301. Eligibility for consideration for promotion:
general rules
``(a) One-Year Rule.--An officer is eligible under this
chapter for consideration for promotion by a promotion board
convened under section 14101(a) of this title only if--
``(1) the officer is on the reserve active-status list of
the Army, Navy, Air Force, or Marine Corps; and
``(2) during the one-year period ending on the date of the
convening of the promotion board the officer has continuously
performed service on either the reserve active-status list or
the active-duty list (or on a combination of both lists).
``(b) Requirement for Consideration of All Officers In and
Above the Zone.--Whenever a promotion board (other than a
vacancy promotion board) is convened under section 14101(a)
of this title for consideration of officers in a competitive
category who are eligible under this chapter for
consideration for promotion to the next higher grade, each
officer in the promotion zone, and each officer above the
promotion zone, for that grade and competitive category shall
be considered for promotion.
``(c) Previously Selected Officers Not Eligible To Be
Considered.--A promotion board convened under section
14101(a) of this title may not consider for promotion to the
next higher grade--
``(1) an officer whose name is on a promotion list for that
grade as a result of recommendation for promotion to that
grade by an earlier selection board convened under that
section or section 14502 of this title or under chapter 36 of
this title;
``(2) an officer who has been approved for Federal
recognition by a board convened under section 307 of title 32
and nominated by the President for promotion to the next
higher grade as a reserve of the Army or of the Air Force as
the case may be; or
``(3) an officer who has been nominated by the President
for promotion to the next higher grade under any other
provision of law.
``(d) Officers Below the Zone.--The Secretary of the
military department concerned may, by regulation, prescribe
procedures to limit the officers to be considered by a
selection board from below the promotion zone to those
officers who are determined to be exceptionally well
qualified for promotion. The regulations shall include
criteria for determining which officers below the promotion
zone are exceptionally well qualified for promotion.
``(e) Reserve Officers of the Army; Consideration for
Brigadier General and Major General.--In the case of officers
of the Army, if the Secretary of the Army determines that
vacancies are authorized or anticipated in the reserve grades
of major general or brigadier general for officers who are on
the reserve active-status list and who are not assigned to
units organized to serve as a unit and the Secretary convenes
a mandatory promotion board under section 14101(a) of this
title to consider officers for promotion to fill such
vacancies, the Secretary may limit the officers to be
considered by that board to those determined to be
exceptionally well qualified for promotion under such
criteria and procedures as the Secretary may by regulation
prescribe.
``(f) Certain Reserve Officers of the Air Force.--A reserve
officer of the Air Force who (1) is in the Air National Guard
of the United States and holds the grade of lieutenant
colonel, colonel, or brigadier general, or (2) is in the Air
Force Reserve and holds the grade of colonel or brigadier
general, is not eligible for consideration for promotion by a
mandatory promotion board convened under section 14101(a) of
this title.
``(g) Nonconsideration of Officers Scheduled for Removal
From Reserve Active-Status List.--The Secretary of the
military department concerned may, by regulation, provide for
the exclusion from consideration for promotion by a promotion
board of any officer otherwise eligible to be considered by
the board who has an established date for removal from the
reserve active-status list that is not more than 90 days
after the date on which the selection board for which the
officer would otherwise be eligible is to be convened.
``Sec. 14302. Promotion zones
``(a) Promotion Zones Generally.--For purposes of this
chapter, a promotion zone is an eligibility category for the
consideration of officers by a mandatory promotion board. A
promotion zone consists of those officers on the reserve
active-status list who are in the same grade and competitive
category and who meet the requirements of both paragraphs (1)
and (2) or the requirements of paragraph (3), as follows:
``(1)(A) In the case of officers in grades below colonel,
for reserve officers of the Army, Air Force, and Marine
Corps, or captain, for officers of the Naval Reserve, those
who have neither (i) failed of selection for promotion to the
next higher grade, nor (ii) been removed from a list of
officers recommended for promotion to that grade.
``(B) In the case of officers in the grade of colonel or
brigadier general, for reserve officers of the Army and
Marine Corps, or in the grade of captain or rear admiral
(lower half), for reserve officers of the Navy, those who
have neither (i) been recommended for promotion to the next
higher grade when considered in the promotion zone, nor (ii)
been removed from a list of officers recommended for
promotion to that grade.
``(2) Those officers who are senior to the officer
designated by the Secretary of the military department
concerned to be the junior officer in the promotion zone
eligible for consideration for promotion to the next higher
grade and the officer so designated.
``(3) Those officers who--
``(A) have been selected from below the zone for promotion
to the next higher grade or by a vacancy promotion board, but
whose names were removed from the list of officers
recommended for promotion to that next higher grade resulting
from that selection;
``(B) have not failed of selection for promotion to that
next higher grade; and
``(C) are senior to the officer designated by the Secretary
of the military department concerned to be the junior officer
in the promotion zone eligible for consideration for
promotion to that next higher grade and the officer so
designated.
``(b) Officers Above the Zone.--Officers on the reserve
active-status list are considered to be above the promotion
zone for a grade and competitive category if they--
``(1) are eligible for consideration for promotion to the
next higher grade;
``(2) are in the same grade as those officers in the
promotion zone for that competitive category; and
``(3) are senior to the senior officer in the promotion
zone for that competitive category.
``(c) Officers Below the Zone.--Officers on the reserve
active-status list are considered to be below the promotion
zone for a grade and competitive category if they--
``(1) are eligible for consideration for promotion to the
next higher grade;
``(2) are in the same grade as those officers in the
promotion zone for that competitive category; and
``(3) are junior to the junior officer in the promotion
zone for that competitive category.
``Sec. 14303. Eligibility for consideration for promotion:
minimum years of service in grade
``(a) Officers in Pay Grades O-1 and O-2.--An officer who
is on the reserve active-status list of the Army, Navy, Air
Force, or Marine Corps and holds a permanent appointment in
the grade of second lieutenant or first lieutenant as a
reserve officer of the Army, Air Force, or Marine Corps, or
in the grade of ensign or lieutenant (junior grade) as a
reserve officer of the Navy, may not be promoted to the next
higher grade, or granted Federal recognition in that grade,
until
[[Page 1685]]
the officer has completed the following years of service in
grade:
``(1) Eighteen months, in the case of an officer holding a
permanent appointment in the grade of second lieutenant or
ensign.
``(2) Two years, in the case of an officer holding a
permanent appointment in the grade of first lieutenant or
lieutenant (junior grade).
``(b) Officers in Pay Grades O-3 and Above.--Subject to
subsection (d), an officer who is on the reserve active-
status list of the Army, Air Force, or Marine Corps and holds
a permanent appointment in a grade above first lieutenant, or
who is on the reserve active-status list of the Navy in a
grade above lieutenant (junior grade), may not be considered
for selection for promotion to the next higher grade, or
examined for Federal recognition in the next higher grade,
until the officer has completed the following years of
service in grade:
``(1) Three years, in the case of an officer of the Army,
Air Force, or Marine Corps holding a permanent appointment in
the grade of captain, major, or lieutenant colonel or in the
case of a reserve officer of the Navy holding a permanent
appointment in the grade of lieutenant, lieutenant commander,
or commander.
``(2) One year, in the case of an officer of the Army, Air
Force, or Marine Corps holding a permanent appointment in the
grade of colonel or brigadier general or in the case of a
reserve officer of the Navy holding a permanent appointment
in the grade of captain or rear admiral (lower half).
This subsection does not apply to an adjutant general or
assistant adjutant general of a State or to an appointment in
a higher grade which is based upon a specific provision of
law.
``(c) Authority To Lengthen Minimum Period in Grade.--The
Secretary concerned may prescribe a period of service in
grade for eligibility for promotion, in the case of officers
to whom subsection (a) applies, or for eligibility for
consideration for promotion, in the case of officers to whom
subsection (b) applies, that is longer than the applicable
period specified in that subsection.
``(d) Waivers To Ensure Two Below-the-Zone
Considerations.--Subject to section 14307(b) of this title,
the Secretary of the military department concerned may waive
subsection (b) to the extent necessary to ensure that
officers described in paragraph (1) of that subsection have
at least two opportunities for consideration for promotion to
the next higher grade as officers below the promotion zone.
``Sec. 14304. Eligibility for consideration for promotion:
maximum years of service in grade
``(a) Consideration for Promotion Within Specified Times.--
(1) Officers described in paragraph (3) shall be placed in
the promotion zone for that officer's grade and competitive
category, and shall be considered for promotion to the next
higher grade by a promotion board convened under section
14101(a) of this title, far enough in advance of completing
the years of service in grade specified in the following
table so that, if the officer is recommended for promotion,
the promotion may be effective on or before the date on which
the officer will complete those years of service.
Maximum years of
``Current Grade service in grade
``First lieutenant or Lieutenant (junior grade).............5 years
``Captain or Navy Lieutenant................................7 years
``Major or Lieutenant commander.............................7 years
``(2) Paragraph (1) is subject to subsections (a), (b), and
(c) of section 14301 of this title and applies without regard
to vacancies.
``(3) Paragraph (1) applies to an officer who is on the
reserve active-status list of the Army, Navy, Air Force, or
Marine Corps and who holds a permanent appointment in the
grade of first lieutenant, captain, or major as a reserve of
the Army, Air Force, or Marine Corps, or to an officer on the
reserve active-status list of the Navy in the grade of
lieutenant (junior grade), lieutenant, or lieutenant
commander as a reserve of the Navy, and who, while holding
that appointment, has not been considered by a selection
board convened under section 14101(a) or 14502 of this title
for promotion to the next higher grade.
``(b) Promotion Date.--An officer holding a permanent grade
specified in the table in subsection (a) who is recommended
for promotion to the next higher grade by a selection board
the first time the officer is considered for promotion while
in or above the promotion zone and who is placed on an
approved promotion list established under section 14308(a) of
this title shall (if not promoted sooner or removed from that
list by the President or by reason of declination) be
promoted, without regard to the existence of a vacancy, on
the date on which the officer completes the maximum years of
service in grade specified in subsection (a). The preceding
sentence is subject to the limitations of section 12011 of
this title.
``(c) Waiver Authority for Navy and Marine Corps Running
Mate System.--If the Secretary of the Navy establishes
promotion zones for officers on the reserve active-status
list of the Navy or the Marine Corps Reserve in accordance
with a running mate system under section 14306 of this title,
the Secretary may waive the requirements of subsection (a) to
the extent the Secretary considers necessary in any case in
which the years of service for promotion, or for
consideration for promotion, within those zones will exceed
the maximum years of service in grade specified in subsection
(a).
``Sec. 14305. Establishment of promotion zones: mandatory
consideration for promotion
``(a) Establishment of Zone.--Before convening a mandatory
promotion board under section 14101(a) of this title, the
Secretary of the military department concerned shall
establish a promotion zone for officers serving in each grade
and competitive category to be considered by the board.
``(b) Number in the Zone.--The Secretary concerned shall
determine the number of officers in the promotion zone for
officers serving in any grade and competitive category from
among officers who are eligible for promotion in that grade
and competitive category under the provisions of sections
14303 and 14304 of this title and who are otherwise eligible
for promotion.
``(c) Factors in Determining Number in the Zone.--The
Secretary's determination under subsection (b) shall be made
on the basis of an estimate of the following:
``(1) The number of officers needed in that competitive
category in the next higher grade in each of the next five
years.
``(2) In the case of a promotion zone for officers to be
promoted to a grade to which the maximum years of in grade
criteria established in section 14304 of this title apply,
the number of officers in that competitive category who are
required to be considered for selection for promotion to the
next higher grade under that section.
``(3) The number of officers that should be placed in the
promotion zone in each of the next five years to provide to
officers in those years relatively similar opportunities for
promotion.
``Sec. 14306. Establishment of promotion zones: Naval Reserve
and Marine Corps Reserve running mate system
``(a) Authority of Secretary of the Navy.--The Secretary of
the Navy may by regulation implement section 14305 of this
title by requiring that the promotion zone for consideration
of officers on the reserve active-status list of the Navy or
the Marine Corps for promotion to the next higher grade be
determined in accordance with a running mate system as
provided in subsection (b).
``(b) Assignment of Running Mates.--An officer to whom a
running mate system applies shall be assigned as a running
mate an officer of the same grade on the active-duty list of
the same armed force. The officer on the reserve active-
status list is in the promotion zone and is eligible for
consideration for promotion to the next higher grade by a
selection board convened under section 14101(a) of this title
when that officer's running mate is in or above the promotion
zone established for that officer's grade under chapter 36 of
this title.
``(c) Consideration of Officers Below the Zone Under a
Running Mate System.--If the Secretary of the Navy authorizes
the selection of officers for promotion from below the
promotion zone in accordance with section 14307 of this
title, the number of officers to be considered from below the
zone may be established through the application of the
running mate system or otherwise as the Secretary determines
to be appropriate to meet the needs of the Navy or Marine
Corps.
``Sec. 14307. Number of officers to be recommended for
promotion
``(a) Determination of Maximum Number.--Before convening a
promotion board under section 14101(a) of this title for a
grade and competitive category (other than a vacancy
promotion board), the Secretary of the military department
concerned, under regulations prescribed by the Secretary of
Defense, shall determine the maximum number of officers in
that grade and competitive category that the board may
recommend for promotion. The Secretary shall make the
determination under the preceding sentence of the maximum
number that may be recommended with a view to having on the
reserve active-status list a sufficient number of officers in
each grade and competitive category to meet the needs of the
armed force concerned for officers on that list. In order to
make that determination, the Secretary shall determine (1)
the number of positions needed to accomplish mission
objectives which require officers of such competitive
category in the grade to which the board will recommend
officers for promotion, (2) the estimated number of officers
needed to fill vacancies in such positions during the period
in which it is anticipated that officers selected for
promotion will be promoted, (3) the number of officers
authorized by the Secretary of the military department
concerned to serve on the reserve active-status list in the
grade and competitive category under consideration, and (4)
any statutory limitation on the number of officers in any
grade or category (or combination thereof) authorized to be
on the reserve active-status list.
``(b) Below-the-Zone Selections.--(1) The Secretary of the
military department concerned may, when the needs of the
armed force concerned require, authorize the consideration of
officers in the grade of captain, major, or lieutenant
colonel on the reserve active-status list of the Army or Air
Force, in a grade above first lieutenant on the reserve
active-status list of the Marine Corps, or in a grade above
lieutenant (junior grade) on the reserve active-status list
of the Navy, for promotion to the next higher grade from
below the promotion zone.
``(2) When selection from below the promotion zone is
authorized, the Secretary
[[Page 1686]]
shall establish the number of officers that may be
recommended for promotion from below the promotion zone in
each competitive category to be considered. That number may
not exceed the number equal to 10 percent of the maximum
number of officers that the board is authorized to recommend
for promotion in such competitive category, except that the
Secretary of Defense may authorize a greater number, not to
exceed 15 percent of the total number of officers that the
board is authorized to recommend for promotion, if the
Secretary of Defense determines that the needs of the armed
force concerned so require. If the maximum number determined
under this paragraph is less than one, the board may
recommend one officer for promotion from below the promotion
zone.
``(3) The number of officers recommended for promotion from
below the promotion zone does not increase the maximum number
of officers that the board is authorized to recommend for
promotion under subsection (a).
``Sec. 14308. Promotions: how made
``(a) Promotion List.--When the report of a selection board
convened under section 14101(a) or 14502 of this title is
approved by the President, the Secretary of the military
department concerned shall place the names of all officers
selected for promotion within a competitive category on a
single list for that competitive category, to be known as a
promotion list, in the order of seniority of those officers
on the reserve active-status list.
``(b) Promotion; How Made; Order.--(1) Officers on a
promotion list for a competitive category shall be promoted
in the manner specified in section 12203 of this title.
``(2) Officers on a promotion list for a competitive
category shall be promoted to the next higher grade in
accordance with regulations prescribed by the Secretary of
the military department concerned. Except as provided in
section 14311, 14312, or 14502(e) of this title or in
subsection (d) or (e), promotions shall be made in the order
in which the names of officers appear on the promotion list
and after officers previously selected for promotion in that
competitive category have been promoted.
``(3) Officers to be promoted to the grade of first
lieutenant or lieutenant (junior grade) shall be promoted in
accordance with regulations prescribed by the Secretary of
the military department concerned.
``(c) Date of Rank.--(1) The date of rank of an officer
appointed to a higher grade under this section is determined
under section 741(d)(2) of this title.
``(2) Except as specifically authorized by law, a reserve
officer is not entitled to additional pay or allowances if
the effective date of the officer's promotion is adjusted to
reflect a date earlier than the actual date of the officer's
promotion.
``(d) Officers With Running Mates.--An officer to whom a
running mate system applies under section 14306 of this title
and who is selected for promotion is eligible for promotion
to the grade for which selected when the officer who is that
officer's running mate becomes eligible for promotion under
chapter 36 of this title. The effective date of the promotion
of that officer shall be the same as that of the officer's
running mate in the grade to which the running mate is
promoted.
``(e) Army Reserve and Air Force Reserve Promotions To Fill
Vacancies.--Subject to this section and to section 14311(e)
of this title, and under regulations prescribed by the
Secretary of the military department concerned--
``(1) an officer in the Army Reserve or the Air Force
Reserve who is on a promotion list as a result of selection
for promotion by a mandatory promotion board convened under
section 14101(a) of this title or a board convened under
section 14502 or chapter 36 of this title may be promoted at
any time to fill a vacancy in a position to which the officer
is assigned; and
``(2) an officer in the Army Reserve or the Air Force
Reserve who is on a promotion list as a result of selection
for promotion by a vacancy promotion board convened under
section 14101(a) of this title may be promoted at any time to
fill the vacancy for which the officer was selected.
``(f) Effective Date of Promotion After Federal
Recognition.--The effective date of a promotion of a reserve
commissioned officer of the Army or the Air Force who is
extended Federal recognition in the next higher grade in the
Army National Guard or the Air National Guard under section
307 or 310 of title 32 shall be the date on which such
Federal recognition in that grade is so extended.
``(g) Army and Air Force General Officer Promotions.--A
reserve officer of the Army who is on a promotion list for
promotion to the grade of brigadier general or major general
as a result of selection by a vacancy promotion board may be
promoted to that grade only to fill a vacancy in that grade
in a unit of the Army Reserve that is organized to serve as a
unit and that has attained the strength prescribed by the
Secretary of the Army. A reserve officer of the Air Force who
is on a promotion list for promotion to the grade of
brigadier general or major general as a result of selection
by a vacancy promotion board may be promoted to that grade
only to fill a vacancy in the Air Force Reserve in that
grade.
``Sec. 14309. Acceptance of promotion; oath of office
``(a) Acceptance.--An officer who is appointed to a higher
grade under this chapter shall be considered to have accepted
the appointment on the date on which the appointment is made
unless the officer expressly declines the appointment or is
granted a delay of promotion under section 14312 of this
title.
``(b) Oath.--An officer who has served continuously since
taking the oath of office prescribed in section 3331 of title
5 is not required to take a new oath upon appointment to a
higher grade under this chapter.
``Sec. 14310. Removal of officers from a list of officers
recommended for promotion
``(a) Removal by President.--The President may remove the
name of any officer from a promotion list at any time before
the date on which the officer is promoted.
``(b) Removal for Withholding of Senate Advice and
Consent.--If the Senate does not give its advice and consent
to the appointment to the next higher grade of an officer
whose name is on a list of officers approved by the President
for promotion (except in the case of promotions to a reserve
grade to which appointments may be made by the President
alone), the name of that officer shall be removed from the
list.
``(c) Continued Eligibility for Promotion.--An officer
whose name is removed from a list under subsection (a) or (b)
continues to be eligible for consideration for promotion. If
that officer is recommended for promotion by the next
selection board convened for that officer's grade and
competitive category and the officer is promoted, the
Secretary of the military department concerned may, upon the
promotion, grant the officer the same date of rank, the same
effective date for the pay and allowances of the grade to
which promoted, and the same position on the reserve active-
status list, as the officer would have had if the officer's
name had not been removed from the list.
``Sec. 14311. Delay of promotion: involuntary
``(a) Delay During Investigations and Proceedings.--(1)
Under regulations prescribed by the Secretary of the military
department concerned, the appointment of an officer to a
higher grade may be delayed if any of the following applies
before the date on which the appointment would otherwise be
made:
``(A) Sworn charges against the officer have been received
by an officer exercising general court-martial jurisdiction
over the officer and the charges have not been disposed of.
``(B) An investigation is being conducted to determine
whether disciplinary action of any kind should be brought
against the officer.
``(C) A board of officers has been convened under section
14903 of this title to review the record of the officer.
``(D) A criminal proceeding in a Federal or State court of
competent jurisdiction is pending against the officer.
``(2) If disciplinary action is not taken against the
officer, if the charges against the officer are withdrawn or
dismissed, if the officer is not separated by the Secretary
of the military department concerned as the result of having
been required to show cause for retention, or if the officer
is acquitted of the charges, as the case may be, then (unless
action to delay the officer's appointment to the higher grade
has been taken under subsection (b)) the officer shall be
retained on the promotion list, list of officers found
qualified for Federal recognition, or list of officers
nominated by the President to the Senate for appointment in a
higher reserve grade and shall, upon promotion to the next
higher grade, have the same date of rank, the same effective
date for the pay and allowances of the grade to which
promoted, and the same position on the reserve active-status
list as the officer would have had if no delay had
intervened, unless the Secretary concerned determines that
the officer was unqualified for promotion for any part of the
delay. If the Secretary makes such a determination, the
Secretary may adjust such date of rank, effective date of pay
and allowances, and position on the reserve active-status
list as the Secretary considers appropriate under the
circumstances.
``(b) Delay for Lack of Qualifications.--Under regulations
prescribed by the Secretary of the military department
concerned, the appointment of an officer to a higher grade
may also be delayed if there is cause to believe that the
officer is mentally, physically, morally, or professionally
unqualified to perform the duties of the grade to which
selected. If the Secretary concerned later determines that
the officer is qualified for promotion to the higher grade,
the officer shall be retained on the promotion list, the list
of officers found qualified for Federal recognition, or list
of officers nominated by the President to the Senate for
appointment in a higher reserve grade, and shall, upon
promotion to that grade, have the same date of rank, the same
effective date for pay and allowances of that grade, and the
same position on the reserve active-status list as the
officer would have had if no delay had intervened, unless the
Secretary concerned determines that the officer was
unqualified for promotion for any part of the delay. If the
Secretary makes such a determination, the Secretary may
adjust such date of rank, effective date of pay and
allowances, and position on the reserve active-status list as
the Secretary considers appropriate under the circumstances.
``(c) Notice to Officer.--(1) The appointment of an officer
to a higher grade may not be delayed under subsection (a) or
(b) unless the officer is given written notice of the grounds
for the delay. The preceding sen-
[[Page 1687]]
tence does not apply if it is impracticable to give the
officer written notice before the date on which the
appointment to the higher grade would otherwise take effect,
but in such a case the written notice shall be given as soon
as practicable.
``(2) An officer whose promotion is delayed under
subsection (a) or (b) shall be given an opportunity to make a
written statement to the Secretary of the military department
concerned in response to the action taken. The Secretary
shall give consideration to any such statement.
``(d) Maximum Length of Delay in Promotion.--The
appointment of an officer to a higher grade may not be
delayed under subsection (a) or (b) for more than six months
after the date on which the officer would otherwise have been
promoted unless the Secretary concerned specifies a further
period of delay. An officer's appointment may not be delayed
more than 90 days after final action has been taken in any
criminal case against the officer in a Federal or State court
of competent jurisdiction or more than 90 days after final
action has been taken in any court-martial case against the
officer. Except for court action, a promotion may not be
delayed more than 18 months after the date on which the
officer would otherwise have been promoted.
``(e) Delay Because of Limitations on Officer Strength in
Grade or Duties to Which Assigned.--(1) Under regulations
prescribed by the Secretary of Defense, the promotion of a
reserve officer on the reserve active-status list who is
serving on active duty, or who is on full-time National Guard
duty for administration of the reserves or the National
Guard, to a grade to which the strength limitations of
section 12011 of this title apply shall be delayed if
necessary to ensure compliance with those strength
limitations. The delay shall expire when the Secretary
determines that the delay is no longer required to ensure
such compliance.
``(2) The promotion of an officer described in paragraph
(1) shall also be delayed while the officer is on duty
described in that paragraph unless the Secretary of the
military department concerned, under regulations prescribed
by the Secretary of Defense, determines that the duty
assignment of the officer requires a higher grade than the
grade currently held by the officer.
``(3) The date of rank and position on the reserve active-
status list of a reserve officer whose promotion to or
Federal recognition in the next higher grade was delayed
under paragraph (1) or (2) solely as the result of the
limitations imposed under the regulations prescribed by the
Secretary of Defense or contained in section 12011 of this
title shall be the date on which the officer would have been
promoted to or recognized in the higher grade had such
limitations not existed.
``(4) If an officer whose promotion is delayed under
paragraph (1) or (2) completes the period of active duty or
full-time National Guard duty that the officer is required by
law or regulation to perform as a member of a reserve
component, the officer may request release from active duty
or full-time National Guard duty. If the request is granted,
the officer's promotion shall be effective upon the officer's
release from such duty. The date of rank and position on the
reserve active-status list of the officer shall be the date
the officer would have been promoted to or recognized in the
higher grade had the limitations imposed under regulations
prescribed by the Secretary of Defense contained in section
12011 of this title not existed. If an officer whose
promotion is delayed under paragraph (1) or (2) has not
completed the period of active duty or full-time National
Guard duty that the officer is required by law or regulation
to perform as a member of a reserve component, the officer
may be retained on active duty or on full-time National Guard
duty in the grade in which the officer was serving before the
officer's being found qualified for Federal recognition or
the officer's selection for the promotion until the officer
completes that required period of duty.
``Sec. 14312. Delay of promotion: voluntary
``(a) Authority for Voluntary Delays.--(1) The Secretary of
the military department concerned may, by regulation, permit
delays of a promotion of an officer who is recommended for
promotion by a mandatory selection board convened under
section 14101(a) or a special selection board convened under
section 14502 of this title at the request of the officer
concerned. Such delays, in the case of any promotion, may
extend for any period not to exceed three years from the date
on which the officer would otherwise be promoted.
``(2) Regulations under this section shall provide that--
``(A) a request for such a delay of promotion must be
submitted by the officer concerned before the delay may be
approved; and
``(B) denial of such a request shall not be considered to
be a failure of selection for promotion unless the officer
declines to accept a promotion under circumstances set forth
in subsection (c).
``(b) Effect of Approval of Request.--If a request for
delay of a promotion under subsection (a) is approved, the
officer's name shall remain on the promotion list during the
authorized period of delay (unless removed under any other
provision of law). Upon the end of the period of the
authorized delay, or at any time during such period, the
officer may accept the promotion, which shall be effective on
the date of acceptance. Such an acceptance of a promotion
shall be made in accordance with regulations prescribed under
this section.
``(c) Effect of Declining a Promotion.--An officer's name
shall be removed from the promotion list and, if the officer
is serving in a grade below colonel or, in the case of the
Navy, captain, the officer shall be considered to have failed
of selection for promotion if any of the following applies:
``(1) The Secretary concerned has not authorized voluntary
delays of promotion under subsection (a) to the grade
concerned and the officer declines to accept an appointment
to a higher grade.
``(2) The Secretary concerned has authorized voluntary
delays of promotion under subsection (a), but has denied the
request of the officer for a delay of promotion and the
officer then declines to accept an appointment to a higher
grade.
``(3) The Secretary concerned has approved the request of
an officer for a delay of promotion and, upon the end of the
period of delay authorized in accordance with regulations
prescribed under subsection (a), the officer then declines to
accept an appointment to a higher grade.
``Sec. 14313. Authority to vacate promotions to grade of
brigadier general or rear admiral (lower half)
``(a) Authority.--The President may vacate the appointment
of a reserve officer to the grade of brigadier general or
rear admiral (lower half) if the period of time during which
the officer has served in that grade after promotion to that
grade is less than 18 months.
``(b) Effect of Promotion Being
Vacated.--Except as provided in subsection (c), an officer
whose promotion to the grade of brigadier general is vacated
under this section holds the grade of colonel as a reserve of
the armed force of which the officer is a member. An officer
whose promotion to the grade of rear admiral (lower half) is
vacated under this section holds the grade of captain in the
Naval Reserve. Upon assuming the lower grade, the officer
shall have the same position on the reserve active-status
list as the officer would have had if the officer had not
served in the higher grade.
``(c) Special Rule for Officers Serving as Adjutant
General.--In the case of an officer serving as an adjutant
general or assistant adjutant general whose promotion to the
grade of brigadier general is vacated under this section, the
officer then holds the reserve grade held by that officer
immediately before the officer's appointment as adjutant
general or assistant adjutant general.
``Sec. 14314. Army and Air Force commissioned officers:
generals ceasing to occupy positions commensurate with
grade; State adjutants general
``(a) General Officers.--Within 30 days after a reserve
officer of the Army or the Air Force on the reserve active-
status list in a general officer grade ceases to occupy a
position commensurate with that grade (or commensurate with a
higher grade), the Secretary concerned shall transfer or
discharge the officer in accordance with whichever of the
following the officer elects:
``(1) Transfer the officer in grade to the Retired Reserve,
if the officer is qualified and applies for the transfer.
``(2) Transfer the officer in grade to the inactive status
list of the Standby Reserve, if the officer is qualified.
``(3) Discharge the officer from the officer's reserve
appointment and, if the officer is qualified and applies
therefor, appoint the officer in the reserve grade held by
the officer as a reserve officer before the officer's
appointment in a general officer grade.
``(4) Discharge the officer from the officer's reserve
appointment.
``(b) Adjutants General.--If a reserve officer who is
federally recognized in the Army National Guard or the Air
National Guard solely because of the officer's appointment as
adjutant general or assistant adjutant general of a State
ceases to occupy that position, the Secretary concerned, not
later than 30 days after the date on which the officer ceases
to occupy that position, shall--
``(1) withdraw that officer's Federal recognition; and
``(2) require that the officer--
``(A) be transferred in grade to the Retired Reserve, if
the officer is qualified and applies for the transfer;
``(B) be discharged from the officer's reserve appointment
and appointed in the reserve grade held by the officer as a
reserve officer of the Air Force immediately before the
appointment of that officer as adjutant general or assistant
adjutant general, if the officer is qualified and applies for
that appointment; or
``(C) be discharged from the officer's reserve appointment.
``(c) Credit for Service in Grade.--An officer who is
appointed under subsection (a)(3) or (b)(2)(B) shall be
credited with an amount of service in the grade in which
appointed that is equal to the amount of prior service in an
active status in that grade and in any higher grade.
``Sec. 14315. Position vacancy promotions: Army and Air Force
officers
``(a) Officers Eligible for Consideration For Vacancy
Promotions Below Brigadier General.--A reserve officer of the
Army who is in the Army Reserve, or a Reserve officer of the
Air Force who is in the Air Force Reserve, who is on the
reserve active-status list in the grade of first lieutenant,
captain, major, or lieutenant colonel is eligible for
consideration for promotion to the next higher grade under
this section if each of the following applies:
[[Page 1688]]
``(1) The officer is occupying or, as determined by the
Secretary concerned, is available to occupy a position in the
same competitive category as the officer and for which a
grade higher than the one held by that officer is authorized.
``(2) The officer is fully qualified to meet all
requirements for the position as established by the Secretary
of the military department concerned.
``(3) The officer has held the officer's present grade for
the minimum period of service prescribed in section 14303 of
this title for eligibility for consideration for promotion to
the higher grade.
``(b) Consideration for Vacancy Promotion to Brigadier
General or Major General.--(1) A reserve officer of the Army
who is in the Army Reserve and on the reserve active-status
list in the grade of colonel or brigadier general may be
considered for promotion to the next higher grade under this
section if the officer (A) is assigned to the duties of a
general officer of the next higher reserve grade in a unit of
the Army Reserve organized to serve as a unit, (B) has held
the officer's present grade for the minimum period of service
prescribed in section 14303 of this title for eligibility for
consideration for promotion to the higher grade, and (C)
meets the standards for consideration prescribed by the
Secretary of the Army.
``(2) A reserve officer of the Air Force who is in the Air
Force Reserve and on the reserve active-status list in the
grade of colonel or brigadier general may be considered for
promotion to the next higher grade under this section if the
officer (A) is assigned to the duties of a general officer of
the next higher reserve grade, and (B) meets the standards
for consideration prescribed by the Secretary of the Air
Force.
``(c) Vacancy Promotion Boards.--Consideration for
promotion under this section shall be by a vacancy promotion
board convened under section 14101(a) of this title.
``(d) Effect of Nonselection.--An officer who is considered
for promotion under this section and is not selected shall
not be considered to have failed of selection for promotion.
``(e) Special Rule for Officers Failed of Selection.--A
reserve officer of the Army or the Air Force who is
considered as failed of selection for promotion under section
14501 of this title to a grade may be considered for
promotion under this section or, if selected, promoted to
that grade only if the Secretary of the military department
concerned finds that the officer is the only qualified
officer available to fill the vacancy. The Secretary
concerned may not delegate the authority under the preceding
sentence.
``Sec. 14316. Army National Guard and Air National Guard:
appointment to and Federal recognition in a higher reserve
grade after selection for promotion
``(a) Opportunity for Promotion To Fill a Vacancy in the
Guard.--If an officer of the Army National Guard of the
United States or the Air National Guard of the United States
is recommended by a mandatory selection board convened under
section 14101(a) or a special selection board convened under
section 14502 of this title for promotion to the next higher
grade, an opportunity shall be given to the appropriate
authority of the State to promote that officer to fill a
vacancy in the Army National Guard or the Air National Guard
of that jurisdiction.
``(b) Automatic Federal Recognition.--An officer of the
Army National Guard of the United States or the Air National
Guard of the United States who is on a promotion list for
promotion to the next higher grade as a result of selection
for promotion as described in subsection (a) and who before
the date of promotion is appointed in that higher grade to
fill a vacancy in the Army National Guard or Air National
Guard shall--
``(1) be extended Federal recognition in that grade,
without the examination prescribed in section 307 of title
32; and
``(2) subject to section 14311(e) of this title, be
promoted to that reserve grade effective on the date of the
officer's appointment in that grade in the Army National
Guard or Air National Guard.
``(c) National Guard Officers Failed of Selection.--An
officer who is considered as failed of selection for
promotion under section 14501 of this title to a grade may be
extended Federal recognition in that grade only if the
Secretary of the military department concerned finds that the
officer is the only qualified officer available to fill a
vacancy. The Secretary concerned may not delegate the
authority under the preceding sentence.
``(d) Transfer to Army Reserve or Air Force Reserve.--If,
on the date on which an officer of the Army National Guard of
the United States or of the Air National Guard of the United
States who is on a promotion list as described in subsection
(a) is to be promoted, the officer has not been promoted to
fill a vacancy in the higher grade in the Army National Guard
or the Air National Guard, the officer's Federal recognition
in the officer's reserve grade shall be withdrawn and the
officer shall be promoted and transferred to the Army Reserve
or the Air Force Reserve as appropriate.
``Sec. 14317. Officers in transition to and from the active-
status list or active-duty list
``(a) Effect of Transfer to Inactive Status or Retired
Status.--If a reserve officer on the reserve active-status
list is transferred to an inactive status or to a retired
status after having been recommended for promotion to a
higher grade under this chapter or chapter 36 of this title,
or after having been found qualified for Federal recognition
in the higher grade under title 32, but before being
promoted, the officer--
``(1) shall be treated as if the officer had not been
considered and recommended for promotion by the selection
board or examined and been found qualified for Federal
recognition; and
``(2) may not be placed on a promotion list or promoted to
the higher grade after returning to an active status,
unless the officer is again recommended for promotion by a
selection board convened under chapter 36 of this title or
section 14101(a) or 14502 of this title or examined for
Federal recognition under title 32.
``(b) Effect of Placement on Active-Duty List.--A reserve
officer who is on a promotion list as a result of selection
for promotion by a mandatory promotion board convened under
section 14101(a) or a special selection board convened under
section 14502 of this title and who before being promoted is
placed on the active-duty list of the same armed force and
placed in the same competitive category shall, under
regulations prescribed by the Secretary of Defense, be placed
on an appropriate promotion list for officers on the active-
duty list established under chapter 36 of this title.
``(c) Officers on a Promotion List Removed From Active-Duty
List.--An officer who is on the active-duty list and is on a
promotion list as the result of selection for promotion by a
selection board convened under chapter 36 of this title and
who before being promoted is removed from the active-duty
list and placed on the reserve active-status list of the same
armed force and in the same competitive category (including a
regular officer who on removal from the active-duty list is
appointed as a reserve officer and placed on the reserve
active-status list) shall, under regulations prescribed by
the Secretary of Defense, be placed on an appropriate
promotion list established under this chapter.
``(d) Officers Selected for Position Vacancies.--If a
reserve officer is ordered to active duty (other than active
duty for training) or full-time National Guard duty (other
than full-time National Guard duty for training only) after
being recommended for promotion under section 14314 of this
title to fill a position vacancy or examined for Federal
recognition under title 32, and before being promoted to fill
that vacancy, the officer shall not be promoted while serving
such active duty or full-time National Guard duty unless the
officer is ordered to active duty as a member of the unit in
which the vacancy exists when that unit is ordered to active
duty. If, under this subsection, the name of an officer is
removed from a list of officers recommended for promotion,
the officer shall be treated as if the officer had not been
considered for promotion or examined for Federal recognition.
``(e) Under regulations prescribed by the Secretary of the
military department concerned, a reserve officer who is not
on the active-duty list and who is ordered to active duty in
time of war or national emergency may, if eligible, be
considered for promotion by a mandatory promotion board
convened under section 14101(a) or a special selection board
convened under section 14502 of this title for not more than
two years from the date the officer is ordered to active duty
unless the President suspends the operation of this section
under the provisions of section 10213 or 644 of this title.
``CHAPTER 1407--FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY
SEPARATION
``Sec.
``14501. Failure of selection for promotion.
``14502. Special selection boards: correction of errors.
``14503. Discharge of officers with less than five years of
commissioned service or found not qualified for promotion
to first lieutenant or lieutenant (junior grade).
``14504. Effect of failure of selection for promotion: reserve first
lieutenants of the Army, Air Force, and Marine Corps and
reserve lieutenants (junior grade) of the Navy.
``14505. Effect of failure of selection for promotion: reserve captains
of the Army, Air Force, and Marine Corps and reserve
lieutenants of the Navy.
``14506. Effect of failure of selection for promotion: reserve majors
of the Army, Air Force, and Marine Corps and lieutenant
commanders of the Navy.
``14507. Removal from the active-status list for years of service:
reserve lieutenant colonels and colonels of the Army, Air
Force, and Marine Corps and reserve commanders and
captains of the Navy.
``14508. Removal from the reserve active-status list for years of
service: reserve general and flag officers.
``14509. Separation at age 60: reserve officers below brigadier general
or rear admiral (lower half).
``14510. Separation at age 60: reserve brigadier generals and rear
admirals (lower half).
``14511. Separation at age 62: major generals and rear admirals.
``14512. Separation at age 64: officers holding certain offices.
[[Page 1689]]
``14513. Separation for failure of selection of promotion.
``14514. Discharge or retirement for years of service or after
selection for early removal.
``14515. Discharge or retirement for age.
``14516. Separation to be considered involuntary.
``14517. Entitlement of officers discharged under this chapter to
separation pay.
``Sec. 14501. Failure of selection for promotion
``(a) An officer on the reserve active-status list in a
grade below the grade of colonel or, in the case of an
officer in the Naval Reserve, captain who is in or above the
promotion zone established for that officer's grade and
competitive category and who (1) is considered but not
recommended for promotion (other than by a vacancy promotion
board), or (2) declines to accept a promotion for which
selected (other than by a vacancy promotion board), shall be
considered to have failed of selection for promotion.
``(b) Officers Twice Failed of Selection.--An officer shall
be considered for all purposes to have twice failed of
selection for promotion if any of the following applies:
``(1) The officer is considered but not recommended for
promotion a second time by a mandatory promotion board
convened under section 14101(a) or a special selection board
convened under section 14502(a) of this title.
``(2) The officer declines to accept a promotion for which
recommended by a mandatory promotion board convened under
section 14101(a) or a special selection board convened under
section 14502(a) or 14502(b) of this title after previously
failing of selection or after the officer's name was removed
from the report of a selection board under section 14111(b)
or from a promotion list under section 14310 of this title
after recommendation for promotion by an earlier selection
board described in subsection (a).
``(3) The officer's name has been removed from the report
of a selection board under section 14111(b) or from a
promotion list under section 14310 of this title after
recommendation by a mandatory promotion board convened under
section 14101(a) or by a special selection board convened
under section 14502(a) or 14502(b) of this title and--
``(A) the officer is not recommended for promotion by the
next mandatory promotion board convened under section
14101(a) or special selection board convened under section
14502(a) of this title for that officer's grade and
competitive category; or
``(B) the officer's name is again removed from the report
of a selection board under section 14111(b) or from a
promotion list under section 14310 of this title.
``Sec. 14502. Special selection boards: correction of errors
``(a) Officers Not Considered Because of Administrative
Error.--(1) In the case of an officer or former officer who
the Secretary of the military department concerned determines
was not considered for selection for promotion from in or
above the promotion zone by a mandatory promotion board
convened under section 14101(a) of this title because of
administrative error, the Secretary concerned shall convene a
special selection board under this subsection to determine
whether such officer or former officer should be recommended
for promotion. Any such board shall be convened under
regulations prescribed by the Secretary of Defense and shall
be appointed and composed in accordance with section 14102 of
this title and shall include the representation of
competitive categories required by that section. The members
of a board convened under this subsection shall be required
to take an oath in the same manner as prescribed in section
14103 of this title.
``(2) A special selection board convened under this
subsection shall consider the record of the officer or former
officer as that record would have appeared to the promotion
board that should have considered the officer or former
officer. That record shall be compared with a sampling of the
records of those officers of the same grade and competitive
category who were recommended for promotion and those
officers of the same grade and competitive category who were
not recommended for promotion by that board.
``(3) If a special selection board convened under paragraph
(1) does not recommend for promotion an officer or former
officer in a grade below the grade of colonel or, in the case
of an officer or former officer of the Navy, captain, whose
name was referred to it for consideration, the officer or
former officer shall be considered to have failed of
selection for promotion.
``(b) Officers Considered but Not Selected; Material
Error.--(1) In the case of an officer or former officer who
was eligible for promotion and was considered for selection
for promotion from in or above the promotion zone under this
chapter by a selection board but was not selected, the
Secretary of the military department concerned may, under
regulations prescribed by the Secretary of Defense, convene a
special selection board under this subsection to determine
whether the officer or former officer should be recommended
for promotion, if the Secretary determines that--
``(A) the action of the selection board that considered the
officer or former officer was contrary to law or involved
material error of fact or material administrative error; or
``(B) the selection board did not have before it for its
consideration material information.
``(2) A special selection board convened under paragraph
(1) shall be appointed and composed in accordance with
section 14102 of this title (including the representation of
competitive categories required by that section), and the
members of such a board shall take an oath in the same manner
as prescribed in section 14103 of this title.
``(3) Such board shall consider the record of the officer
or former officer as that record, if corrected, would have
appeared to the selection board that considered the officer
or former officer. That record shall be compared with a
sampling of the records of those officers of the same grade
and competitive category who were recommended for promotion
and those officers of the same grade and competitive category
who were not recommended for promotion by that board.
``(4) If a special selection board convened under paragraph
(1) does not recommend for promotion an officer or former
officer in the grade of lieutenant colonel or commander or
below whose name was referred to it for consideration, the
officer or former officer shall be considered to have failed
of selection for promotion by the board which did consider
the officer but incurs no additional failure of selection for
promotion from the action of the special selection board.
``(c) Report.--Each special selection board convened under
this section shall submit to the Secretary of the military
department concerned a written report, signed by each member
of the board, containing the name of each officer it
recommends for promotion and certifying that the board has
considered carefully the record of each officer whose name
was referred to it.
``(d) Applicable Provisions.--The provisions of sections
14104, 14109, 14110, and 14111 of this title apply to the
report and proceedings of a special selection board convened
under this section in the same manner as they apply to the
report and proceedings of a promotion board convened under
section 14101(a) of this title.
``(e) Appointment of Officers Recommended for Promotion.--
(1) An officer whose name is placed on a promotion list as a
result of recommendation for promotion by a special selection
board convened under this section, shall, as soon as
practicable, be appointed to the next higher grade in
accordance with the law and policies which would have been
applicable had he been recommended for promotion by the board
which should have considered or which did consider him.
``(2) An officer who is promoted to the next higher grade
as the result of the recommendation of a special selection
board convened under this section shall, upon such promotion,
have the same date of rank, the same effective date for the
pay and allowances of that grade, and the same position on
the reserve active-status list as the officer would have had
if the officer had been recommended for promotion to that
grade by the selection board which should have considered, or
which did consider, the officer.
``(3) If the report of a special selection board convened
under this section, as approved by the President, recommends
for promotion to the next higher grade an officer not
currently eligible for promotion or a former officer whose
name was referred to it for consideration, the Secretary
concerned may act under section 1552 of this title to correct
the military record of the officer or former officer to
correct an error or remove an injustice resulting from not
being selected for promotion by the board which should have
considered, or which did consider, the officer.
``(f) Time Limits for Consideration.--The Secretary of
Defense may prescribe by regulation the circumstances under
which consideration by a special selection board is
contingent upon application for consideration by an officer
or former officer and time limits within which an officer or
former officer must make such application in order to be
considered by a special selection board under this section.
``(g) Limitation of Other Jurisdiction.--No official or
court of the United States shall have power or jurisdiction--
``(1) over any claim based in any way on the failure of an
officer or former officer of the armed forces to be selected
for promotion by a selection board convened under chapter
1403 of this title until--
``(A) the claim has been referred to a special selection
board by the Secretary concerned and acted upon by that
board; or
``(B) the claim has been rejected by the Secretary without
consideration by a special selection board; or
``(2) to grant any relief on such a claim unless the
officer or former officer has been selected for promotion by
a special selection board convened under this section to
consider the officer's claim.
``(h) Judicial Review.--(1) A court of the United States
may review a determination by the Secretary concerned under
subsection (a)(1), (b)(1), or (e)(3) not to convene a special
selection board. If a court finds the determination to be
arbitrary or capricious, not based on substantial evidence,
or otherwise contrary to law, it shall remand the case to the
Secretary concerned, who shall provide for consideration of
the officer or former officer by a special selection board
under this section.
``(2) If a court finds that the action of a special
selection board which considers an officer or former officer
was contrary to law or involved material error of fact or
material administrative error, it shall remand the case to
the Secretary concerned, who shall provide the officer or
former officer reconsideration by a new special selection
board.
``(i) Designation of Boards.--The Secretary of the military
department concerned
[[Page 1690]]
may designate a promotion board convened under section
14101(a) of this title as a special selection board convened
under this section. A board so designated may function in
both capacities.
``Sec. 14503. Discharge of officers with less than five years
of commissioned service or found not qualified for
promotion to first lieutenant or lieutenant (junior grade)
``(a) Authorized Discharges.--The Secretary of the military
department concerned may discharge any reserve officer who--
``(1) has less than five years of service in an active
status as a commissioned officer; or
``(2) is serving in the grade of second lieutenant or
ensign and has been found not qualified for promotion to the
grade of first lieutenant or lieutenant (junior grade).
``(b) Time for Discharge.--(1) An officer described in
subsection (a)(2)--
``(A) may be discharged at any time after being found not
qualified for promotion; and
``(B) if not sooner discharged, shall be discharged at the
end of the 18-month period beginning on the date on which the
officer is first found not qualified for promotion.
``(2) Paragraph (1) shall not apply if the officer is
sooner promoted.
``(c) Regulations.--Discharges under this section shall be
made under regulations prescribed by the Secretary of Defense
and may be made without regard to section 12645 of this
title.
``Sec. 14504. Effect of failure of selection for promotion:
reserve first lieutenants of the Army, Air Force, and
Marine Corps and reserve lieutenants (junior grade) of the
Navy
``(a) General Rule.--A first lieutenant on the reserve
active-status list of the Army, Air Force, or Marine Corps or
a lieutenant (junior grade) on the reserve active-status list
of the Navy who has failed of selection for promotion to the
next higher grade for the second time and whose name is not
on a list of officers recommended for promotion to the next
higher grade shall be separated in accordance with section
14513 of this title not later than the first day of the
seventh month after the month in which the President approves
the report of the board which considered the officer for the
second time.
``(b) Exceptions.--Subsection (a) does not apply (1) in the
case of an officer retained as provided by regulation of the
Secretary of the military department concerned in order to
meet planned mobilization needs for a period not in excess of
24 months beginning with the date on which the President
approves the report of the selection board which resulted in
the second failure, or (2) as provided in section 12646 or
12686 of this title.
``Sec. 14505. Effect of failure of selection for promotion:
reserve captains of the Army, Air Force, and Marine Corps
and reserve lieutenants of the Navy
``Unless retained as provided in section 12646 or 12686 of
this title, a captain on the reserve active-status list of
the Army, Air Force, or Marine Corps or a lieutenant on the
reserve active-status list of the Navy who has failed of
selection for promotion to the next higher grade for the
second time and whose name is not on a list of officers
recommended for promotion to the next higher grade and who
has not been selected for continuation on the reserve active-
status list under section 14701 of this title, shall be
separated in accordance with section 14513 of this title not
later than the first day of the seventh month after the month
in which the President approves the report of the board which
considered the officer for the second time.
``Sec. 14506. Effect of failure of selection for promotion:
reserve majors of the Army, Air Force and Marine Corps and
reserve lieutenant commanders of the Navy
``Unless retained as provided in section 12646, 12686,
14701, or 14702 of this title, each reserve officer of the
Army, Navy, Air Force, or Marine Corps who holds the grade of
major or lieutenant commander who has failed of selection to
the next higher grade for the second time and whose name is
not on a list of officers recommended for promotion to the
next higher grade shall, if not earlier removed from the
reserve active-status list, be removed from that list in
accordance with section 14513 of this title on the first day
of the month after the month in which the officer completes
20 years of commissioned service.
``Sec. 14507. Removal from the reserve active-status list for
years of service: reserve lieutenant colonels and colonels
of the Army, Air Force, and Marine Corps and reserve
commanders and captains of the Navy
``(a) Lieutenant Colonels and Commanders.--Unless continued
on the reserve active-status list under section 14701 or
14702 of this title or retained as provided in section 12646
or 12686 of this title, each reserve officer of the Army,
Navy, Air Force, or Marine Corps who holds the grade of
lieutenant colonel or commander and who is not on a list of
officers recommended for promotion to the next higher grade
shall (if not earlier removed from the reserve active-status
list) be removed from that list under section 14514 of this
title on the first day of the month after the month in which
the officer completes 28 years of commissioned service.
``(b) Colonels and Navy Captains.--Unless continued on the
reserve active-status list under section 14701 or 14702 of
this title or retained as provided in section 12646 or 12686
of this title, each reserve officer of the Army, Air Force,
or Marine Corps who holds the grade of colonel, and each
reserve officer of the Navy who holds the grade of captain,
and who is not on a list of officers recommended for
promotion to the next higher grade shall (if not earlier
removed from the reserve active-status list) be removed from
that list under section 14514 of this title on the first day
of the month after the month in which the officer completes
30 years of commissioned service. This subsection does not
apply to the adjutant general or assistant adjutants general
of a State.
``Sec. 14508. Removal from the reserve active-status list for
years of service: reserve general and flag officers
``(a) Thirty Years Service or Five Years in Grade.--Unless
retired, transferred to the Retired Reserve, or discharged at
an earlier date, each reserve officer of the Army, Air Force,
or Marine Corps in the grade of brigadier general who has not
been recommended for promotion to the grade of major general,
and each reserve officer of the Navy in the grade of rear
admiral (lower half) who has not been recommended for
promotion to rear admiral shall, 30 days after completion of
30 years of commissioned service or on the fifth anniversary
of the date of the officer's appointment in the grade of
brigadier general or rear admiral (lower half), whichever is
later, be separated in accordance with section 14514 of this
title.
``(b) Thirty-Five Years Service or Five Years in Grade.--
Unless retired, transferred to the Retired Reserve, or
discharged at an earlier date, each reserve officer of the
Army, Air Force, or Marine Corps in the grade of major
general, and each reserve officer of the Navy in the grade of
rear admiral, shall, 30 days after completion of 35 years of
commissioned service or on the fifth anniversary of the date
of the officer's appointment in the grade of major general or
rear admiral, whichever is later, be separated in accordance
with section 14514 of this title.
``(c) Retention of Brigadier Generals.--A reserve officer
of the Army or Air Force in the grade of brigadier general
who would otherwise be removed from an active status under
this subsection (a) may, in the discretion of the Secretary
of the Army or the Secretary of the Air Force, as the case
may be, be retained in an active status, but not later than
the date on which the officer becomes 60 years of age. Not
more than 10 officers of the Army and not more than 10
officers of the Air Force may be retained under this
subsection at any one time.
``(d) Retention of Major Generals.--A reserve officer of
the Army or Air Force in the grade of major general who would
otherwise be removed from an active status under this
subsection (b) may, in the discretion of the Secretary of the
Army or the Secretary of the Air Force, as the case may be,
be retained in an active status, but not later than the date
on which the officer becomes 62 years of age. Not more than
10 officers of the Army and not more than 10 officers of the
Air Force may be retained under this subsection at any one
time.
``(e) Exception for State Adjutants General and Assistant
Adjutants General.--This section does not apply to an officer
who is the adjutant general or assistant adjutant general of
a State.
``Sec. 14509. Separation at age 60: reserve officers in
grades below brigadier general or rear admiral (lower half)
``Each reserve officer of the Army, Navy, Air Force, or
Marine Corps in a grade below brigadier general or rear
admiral (lower half) who has not been recommended for
promotion to the grade of brigadier general or rear admiral
(lower half) and is not a member of the Retired Reserve
shall, on the last day of the month in which that officer
becomes 60 years of age, be separated in accordance with
section 14515 of this title.
``Sec. 14510. Separation at age 60: reserve brigadier
generals and rear admirals (lower half)
``Unless retired, transferred to the Retired Reserve, or
discharged at an earlier date, each reserve officer of the
Army, Air Force, or Marine Corps in the grade of brigadier
general who has not been recommended for promotion to the
grade of major general, and each reserve rear admiral (lower
half) of the Navy who has not been recommended for promotion
to the grade of rear admiral, except an officer covered by
section 14512 of this title, shall be separated in accordance
with section 14515 of this title on the last day of the month
in which the officer becomes 60 years of age.
``Sec. 14511. Separation at age 62: major generals and rear
admirals
``Unless retired, transferred to the Retired Reserve, or
discharged at an earlier date, each reserve officer of the
Army, Air Force, or Marine Corps in the grade of major
general and each reserve officer of the Navy in the grade of
rear admiral, except an officer covered by section 14512 of
this title, shall be separated in accordance with section
14515 of this title on the last day of the month in which the
officer becomes 62 years of age.
``Sec. 14512. Separation at age 64: officers holding certain
offices
``(a) Army and Air Force.--Unless retired, transferred to
the Retired Reserve, or discharged at an earlier date, a
reserve officer of the Army or Air Force who is Chief of the
National Guard Bureau, an adjutant general, or if a reserve
officer of the Army, commanding general of the troops of a
State, shall on the last day of the month in which the
officer becomes 64 years of age, be separated in accordance
with section 14515 of this title.
[[Page 1691]]
``(b) Navy and Marine Corps.--The Secretary of the Navy may
defer the retirement under section 14510 or 14511 of a
reserve officer of the Navy in a grade above captain or a
reserve officer of the Marine Corps in a grade above colonel
and retain the officer in an active status until the officer
becomes 64 years of age. Not more than 10 officers may be so
deferred at any one time, distributed between the Naval
Reserve and the Marine Corps Reserve as the Secretary
determines.
``Sec. 14513. Separation for failure of selection of
promotion
``Each reserve officer of the Army, Navy, Air Force, or
Marine Corps who is in an active status and whose removal
from an active status or from a reserve active-status list is
required by section 14504, 14505, or 14506 of this title
shall (unless the officer's separation is deferred or the
officer is continued in an active status under another
provision of law) not later than the date specified in those
sections--
``(1) be transferred to an inactive status if the Secretary
concerned determines that the officer has skills which may be
required to meet the mobilization needs of the officer's
armed force;
``(2) be transferred to the Retired Reserve, if the officer
is qualified and applies for such transfer; or
``(3) if the officer is not transferred to an inactive
status or to the Retired Reserve, be discharged from the
officer's reserve appointment.
``Sec. 14514. Discharge or retirement for years of service or
after selection for early removal
``Each reserve officer of the Army, Navy, Air Force, or
Marine Corps who is in an active status and who is required
to be removed from an active status or from a reserve active-
status list, as the case may be, under section 14507, 14508,
14704, or 14705 of this title (unless the officer is sooner
separated or the officer's separation is deferred or the
officer is continued in an active status under another
provision of law), in accordance with those sections, shall--
``(1) be transferred to the Retired Reserve, if the officer
is qualified and applies for such transfer; or
``(2) if the officer is not qualified or does not apply for
such transfer, be discharged from the officer's reserve
appointment.
``Sec. 14515. Discharge or retirement for age
``Each reserve officer of the Army, Navy, Air Force, or
Marine Corps who is in an active status or on an inactive
status list and who reaches the maximum age specified in
section 14509, 14510, 14511, or 14512 of this title for the
officer's grade or position shall (unless the officer is
sooner separated or the officer's separation is deferred or
the officer is continued in an active status under another
provision of law) not later than the last day of the month in
which the officer reaches that maximum age--
``(1) be transferred to the Retired Reserve, if the officer
is qualified and applies for such transfer; or
``(2) if the officer is not qualified or does not apply for
transfer to the Retired Reserve, be discharged from the
officer's reserve appointment.
``Sec. 14516. Separation to be considered involuntary
``The separation of an officer pursuant to section 14513,
14514, or 14515 of this title shall be considered to be an
involuntary separation for purposes of any other provision of
law.
``Sec. 14517. Entitlement of officers discharged under this
chapter to separation pay
``An officer who is discharged under section 14513, 14514,
or 14515 of this title is entitled to separation pay under
section 1174 of this title if otherwise eligible under that
section.
``CHAPTER 1409--CONTINUATION OF OFFICERS ON THE RESERVE ACTIVE-STATUS
LIST AND SELECTIVE EARLY REMOVAL
``Sec.
``14701. Selection of officers for continuation on the reserve active-
status list.
``14702. Retention on reserve active-status list of certain officers
until age 60.
``14703. Authority to retain chaplains and officers in medical
specialties until specified age.
``14704. Selective early removal from the reserve active-status list.
``14705. Selective early retirement: reserve general and flag officers
of the Navy and Marine Corps.
``14706. Computation of total years of service.
``Sec. 14701. Selection of officers for continuation on the
reserve active-status list
``(a) Consideration for Continuation.--(1) Upon
application, a reserve officer of the Army, Navy, Air Force,
or Marine Corps who is required to be removed from the
reserve active-status list under section 14505, 14506, or
14507 of this title may, subject to the needs of the service
and to section 14509 of this title, be considered for
continuation on the reserve active-status list by a selection
board convened under section 14101(b) of this title.
``(2) A reserve officer who holds the grade of captain in
the Army, Air Force, or Marine Corps or the grade of
lieutenant in the Navy and who is subject to separation under
section 14513 of this title may not be continued on the
reserve active-status list under this subsection for a period
which extends beyond the last day of the month in which the
officer completes 20 years of commissioned service.
``(3) A reserve officer who holds the grade of major or
lieutenant commander and who is subject to separation under
section 14513 of this title may not be continued on the
reserve active-status list under this subsection for a period
which extends beyond the last day of the month in which the
officer completes 24 years of commissioned service.
``(4) A reserve officer who holds the grade of lieutenant
colonel or commander and who is subject to separation under
section 14514 of this title may not be continued on the
reserve active-status list under this subsection for a period
which extends beyond the last day of the month in which the
officer completes 33 years of commissioned service.
``(5) A reserve officer who holds the grade of colonel in
the Army, Air Force, or Marine Corps or the grade of captain
in the Navy and who is subject to separation under section
14514 of this title may not be continued on the reserve
active-status list under this subsection for a period which
extends beyond the last day of the month in which the officer
completes 35 years of commissioned service.
``(6) An officer who is selected for continuation on the
reserve active-status list as a result of the convening of a
selection board under section 14101(b) of this title but who
declines to continue on that list shall be separated in
accordance with section 14513 or 14514 of this title, as the
case may be.
``(7) Each officer who is continued on the reserve active-
status list under this section, who is not subsequently
promoted or continued on the active-status list, and whose
name is not on a list of officers recommended for promotion
to the next higher grade shall (unless sooner separated under
another provision of law) be separated in accordance with
section 14513 or 14514 of this title, as appropriate, upon
the expiration of the period for which the officer was
continued on the reserve active-status list.
``(b) Approval of Secretary Concerned.--Continuation of an
officer on the reserve active-status list under this section
pursuant to action of a continuation board convened under
section 14101(b) of this title is subject to the approval of
the Secretary of the military department concerned.
``(c) Instructions To Continuation Boards.--A continuation
board convened under section 14101(b) of this title to
consider officers for continuation on the reserve active-
status list under this section shall act in accordance with
the instructions and directions provided to the board by the
Secretary of the military department concerned.
``(d) Regulations.--The Secretary of Defense shall
prescribe regulations for the administration of this section.
``Sec. 14702. Retention on reserve active-status list of
certain officers until age 60
``(a) Retention.--Notwithstanding the provisions of section
14506 or 14507 of this title, the Secretary of the military
department concerned may, with the officer's consent, retain
on the reserve active-status list an officer in the grade of
major, lieutenant colonel, or colonel who is--
``(1) an officer of the Army National Guard of the United
States and assigned to a headquarters or headquarters
detachment of a State; or
``(2) a reserve officer of the Army or Air Force who, as a
condition of continued employment as a National Guard or
Reserve technician is required by the Secretary concerned to
maintain membership in a Selected Reserve unit or
organization.
``(b) Separation at Age 60.--An officer may be retained
under this section only so long as the officer continues to
meet the conditions of subsection (a)(1) or (a)(2). An
officer may not be retained under this section after the last
day of the month in which the officer becomes 60 years of
age.
``Sec. 14703. Authority to retain chaplains and officers in
medical specialties until specified age
``(a) Retention.--Notwithstanding any provision of chapter
1407 of this title and except for officers referred to in
sections 14503, 14504, 14505, and 14506 of this title and
under regulations prescribed by the Secretary of Defense--
``(1) the Secretary of the Army may, with the officer's
consent, retain in an active status any reserve officer
assigned to the Medical Corps, the Dental Corps, the
Veterinary Corps, the Medical Services Corps (if the officer
has been designated as allied health officer or biomedical
sciences officer in that Corps), the Optometry Section of the
Medical Services Corps, the Chaplains, the Army Nurse Corps,
or the Army Medical Specialists Corps;
``(2) the Secretary of the Navy may, with the officer's
consent, retain in an active status any reserve officer
appointed in the Medical Corps, Dental Corps, Nurse Corps, or
Chaplain Corps or appointed in the Medical Services Corps and
designated to perform as a veterinarian, optometrist,
podiatrist, allied health officer, or biomedical sciences
officer; and
``(3) the Secretary of the Air Force may, with the
officer's consent, retain in an active status any reserve
officer who is designated as a medical officer, dental
officer, veterinary officer, Air Force nurse, or chaplain or
who is designated as a biomedical sciences officer and is
qualified for service as a veterinarian, optometrist, or
podiatrist.
``(b) Separation at Specified Age.--An officer may not be
retained in active status under this section later than the
date on which the officer becomes 67 years of age (or, in the
case of a reserve officer of the Army
[[Page 1692]]
in the Chaplains or a reserve officer of the Air Force
designated as a chaplain, 60 years of age).
``Sec. 14704. Selective early removal from the reserve
active-status list
``(a) Boards To Recommend Officers for Removal From Reserve
Active-Status List.--Whenever the Secretary of the military
department concerned determines that there are in any reserve
component under the jurisdiction of the Secretary too many
officers in any grade and competitive category who have at
least 30 years of service computed under section 14706 of
this title or at least 20 years of service computed under
section 12732 of this title, the Secretary may convene a
selection board under section 14101(b) of this title to
consider all officers on that list who are in that grade and
competitive category, and who have that amount of service,
for the purpose of recommending officers by name for removal
from the reserve active-status list, in the number specified
by the Secretary by each grade and competitive category.
``(b) Separation of Officers Selected.--In the case of an
officer recommended for separation in the report of a board
under subsection (a), the Secretary may separate the officer
in accordance with section 14514 of this title.
``(c) Regulations.--The Secretary of the military
department concerned shall prescribe regulations for the
administration of this section.
``Sec. 14705. Selective early retirement: reserve general and
flag officers of the Navy and Marine Corps
``(a) Authority to Consider.--An officer in the Naval
Reserve in an active status serving in the grade of rear
admiral (lower half) or rear admiral and an officer in the
Marine Corps Reserve in an active status serving in the grade
of brigadier general or major general may be considered for
early retirement whenever the Secretary of the Navy
determines that such action is necessary.
``(b) Boards.--If the Secretary of the Navy determines that
consideration for early retirement under this section is
necessary, the Secretary shall convene a board under section
14101(b) of this title to recommend an appropriate number of
officers for early retirement.
``(c) Separation Under Section 14514.--An officer selected
for early retirement under this section shall be separated in
accordance with section 14514 of this title.
``Sec. 14706. Computation of total years of service
``For the purpose of this chapter and chapter 1407 of this
title, a reserve officer's years of service include all
service, other than constructive service, of the officer as a
commissioned officer of any uniformed service (other than
service as a warrant officer).
``CHAPTER 1411--ADDITIONAL PROVISIONS RELATING TO INVOLUNTARY
SEPARATION
``Sec.
``14901. Separation of chaplains for loss of professional
qualifications.
``14902. Separation for substandard performance and for certain other
reasons.
``14903. Boards of inquiry.
``14904. Rights and procedures.
``14905. Officer considered for removal: retirement or discharge.
``14906. Officers eligible to serve on boards.
``14907. Army National Guard of the United States and Air National
Guard of the United States: discharge and withdrawal of
Federal recognition of officers absent without leave.
``Sec. 14901. Separation of chaplains for loss of
professional qualifications
``(a) Separation.--Under regulations prescribed by the
Secretary of Defense, an officer on the reserve active-status
list who is appointed or designated as a chaplain may, if the
officer fails to maintain the qualifications needed to
perform the professional function of a chaplain, be
discharged. The authority under the preceding sentence
applies without regard to the provisions of section 12645 of
this title.
``(b) Effect of Separation.--If an officer separated under
this section is eligible for retirement, the officer may be
retired. If the officer has completed the years of service
required for eligibility for retired pay under chapter 1223
of this title, the officer may be transferred to the Retired
Reserve.
``Sec. 14902. Separation for substandard performance and for
certain other reasons
``(a) Substandard Performance of Duty.--The Secretary of
the military department concerned shall prescribe, by
regulation, procedures for the review at any time of the
record of any reserve officer to determine whether that
officer should be required, because that officer's
performance has fallen below standards prescribed by the
Secretary concerned, to show cause for retention in an active
status.
``(b) Misconduct, Etc.--The Secretary of the military
department concerned shall prescribe, by regulation,
procedures for the review at any time of the record of any
reserve officer to determine whether that officer should be
required, because of misconduct, because of moral or
professional dereliction, or because the officer's retention
is not clearly consistent with the interests of national
security, to show cause for retention in an active status.
``(c) Regulations.--The authority of the Secretary of a
military department under this section shall be carried out
subject to such limitations as the Secretary of Defense may
prescribe by regulation.
``Sec. 14903. Boards of inquiry
``(a) Convening of Boards.--The Secretary of the military
department concerned shall convene a board of inquiry at such
time and place as the Secretary may prescribe to receive
evidence and review the case of any officer who has been
required to show cause for retention in an active status
under section 14902 of this title. Each board of inquiry
shall be composed of not less than three officers who have
the qualifications prescribed in section 14906 of this title.
``(b) Right to Fair Hearing.--A board of inquiry shall give
a fair and impartial hearing to each officer required under
section 14902 of this chapter to show cause for retention in
an active status.
``(c) Recommendations to Secretary.--If a board of inquiry
determines that the officer has failed to establish that the
officer should be retained in an active status, the board
shall recommend to the Secretary concerned that the officer
not be retained in an active status.
``(d) Action by Secretary.--After review of the
recommendation of the board of inquiry, the Secretary may--
``(1) remove the officer from an active status; or
``(2) determine that the case be closed.
``(e) Action in Cases Where Cause for Retention Is
Established.--(1) If a board of inquiry determines that an
officer has established that the officer should be retained
in an active status or if the Secretary determines that the
case be closed, the officer's case is closed.
``(2) An officer who is required to show cause for
retention under section 14902(a) of this title and whose case
is closed under paragraph (1) may not again be required to
show cause for retention under such subsection during the
one-year period beginning on the date of that determination.
``(3)(A) Subject to subparagraph (B), an officer who is
required to show cause for retention under section 14902(b)
of this title and whose case is closed under paragraph (1)
may again be required to show cause for retention at any
time.
``(B) An officer who has been required to show cause for
retention under section 14902(b) of this title and who is
thereafter retained in an active status may not again be
required to show cause for retention under such section
solely because of conduct which was the subject of the
previous proceeding, unless the recommendations of the board
of inquiry that considered the officer's case are determined
to have been obtained by fraud or collusion.
``Sec. 14904. Rights and procedures
``(a) Procedural Rights.--Under regulations prescribed by
the Secretary of Defense, an officer required under section
14902 of this title to show cause for retention in an active
status--
``(1) shall be notified in writing, at least 30 days before
the hearing of the officer's case by a board of inquiry, of
the reasons for which the officer is being required to show
cause for retention in an active status;
``(2) shall be allowed a reasonable time, as determined by
the board of inquiry, to prepare for showing of cause for
retention in an active status;
``(3) shall be allowed to appear in person and to be
represented by counsel at proceedings before the board of
inquiry; and
``(4) shall be allowed full access to, and shall be
furnished copies of, records relevant to the case, except
that the board of inquiry shall withhold any record that the
Secretary concerned determines should be withheld in the
interest of national security.
``(b) Summary of Records Withheld.--When a record is
withheld under subsection (a)(4), the officer whose case is
under consideration shall, to the extent that the interest of
national security permits, be furnished a summary of the
record so withheld.
``Sec. 14905. Officer considered for removal: retirement or
discharge
``(a) Voluntary Retirement or Discharge.--At any time
during proceedings under this chapter with respect to the
removal of an officer from an active status, the Secretary of
the military department concerned may grant a request by the
officer--
``(1) for voluntary retirement, if the officer is qualified
for retirement;
``(2) for transfer to the Retired Reserve if the officer
has completed the years of service required for eligibility
for retired pay under chapter 1223 of this title and is
otherwise eligible for transfer to the Retired Reserve; or
``(3) for discharge in accordance with subsection (b)(3).
``(b) Required Retirement or Discharge.--An officer removed
from an active status under section 14903 of this title
shall--
``(1) if eligible for voluntary retirement under any
provision of law on the date of such removal, be retired in
the grade and with the retired pay for which he would be
eligible if retired under that provision;
``(2) if eligible for transfer to the Retired Reserve and
has completed the years of service required for retired pay
under chapter 1223 of this title, be transferred to the
Retired Reserve; and
``(3) if ineligible for retirement or transfer to the
Retired Reserve under paragraph (1) or (2) on the date of
such removal--
``(A) be honorably discharged in the grade then held, in
the case of an officer whose case was brought under
subsection (a) of section 14902 of this title; or
[[Page 1693]]
``(B) be discharged in the grade then held, in the case of
an officer whose case was brought under subsection (b) of
section 14902 of this title.
``(c) Separation Pay.--An officer who is discharged under
subsection (b)(3) is entitled, if eligible therefor, to
separation pay under section 1174(c) of this title.
``Sec. 14906. Officers eligible to serve on boards
``(a) Composition of Boards.--(1) Each officer who serves
on a board convened under this chapter shall be an officer of
the same armed force as the officer being required to show
cause for retention in an active status.
``(2) An officer may not serve on a board under this
chapter unless the officer holds a grade above lieutenant
colonel or commander and is senior in grade and rank to any
officer considered by the board.
``(b) Limitation.--A person may not be a member of more
than one board convened under this chapter to consider the
same officer.
``Sec. 14907. Army National Guard of the United States and
Air National Guard of the United States: discharge and
withdrawal of Federal recognition of officers absent
without leave
``(a) Authority To Withdraw Federal Recognition.--If an
officer of the Army National Guard of the United States or
the Air National Guard of the United States has been absent
without leave for three months, the Secretary of the Army or
the Secretary of the Air Force, as appropriate, may--
``(1) terminate the reserve appointment of the officer; and
``(2) withdraw the officer's Federal recognition as an
officer of the National Guard.
``(b) Discharge from Reserve Appointment.--An officer of
the Army National Guard of the United States or the Air
National Guard of the United States whose Federal recognition
as an officer of the National Guard is withdrawn under
section 323(b) of title 32 shall be discharged from the
officer's appointment as a reserve officer of the Army or the
Air Force, as the case may be.''.
PART II--CONFORMING AMENDMENTS
SEC. 1621. DEFINITION OF RESERVE ACTIVE-STATUS LIST.
Section 101(c) is amended by adding at the end the
following new paragraph:
``(7) The term `reserve active-status list' means a single
list for the Army, Navy, Air Force, or Marine Corps (required
to be maintained under section 14002 of this title) that
contains the names of all officers of that armed force except
warrant officers (including commissioned warrant officers)
who are in an active status in a reserve component of the
Army, Navy, Air Force, or Marine Corps and are not on an
active-duty list.''.
SEC. 1622. AUTHORITY TO SUSPEND OFFICER PERSONNEL LAWS DURING
WAR OR NATIONAL EMERGENCY.
(a) Authority.--Section 123 is amended to read as follows:
``Sec. 123. Authority to suspend officer personnel laws
during war or national emergency
``(a) In time of war, or of national emergency declared by
Congress or the President after November 30, 1980, the
President may suspend the operation of any provision of law
relating to the promotion, involuntary retirement, or
separation of commissioned officers of the Army, Navy, Air
Force, Marine Corps, or Coast Guard Reserve. So long as such
war or national emergency continues, any such suspension may
be extended by the President.
``(b) Any such suspension shall, if not sooner ended, end
on the last day of the two-year period beginning on the date
on which the suspension (or the last extension thereof) takes
effect or on the last day of the one-year period beginning on
the date of the termination of the war or national emergency,
whichever occurs first. With respect to the end of any such
suspension, the preceding sentence supersedes the provisions
of title II of the National Emergencies Act (50 U.S.C. 1621-
1622) which provide that powers or authorities exercised by
reason of a national emergency shall cease to be exercised
after the date of the termination of the emergency.
``(c) If a provision of law pertaining to the promotion of
reserve officers is suspended under this section and if the
Secretary of Defense submits to Congress proposed legislation
to adjust the grades and dates of rank of reserve
commissioned officers other than commissioned warrant
officers, such proposed legislation shall, so far as
practicable, be the same as that recommended for adjusting
the grades and dates of rank of officers of the regular
component of the armed force concerned.''.
(b) Conforming Repeal.--Section 644 is repealed.
SEC. 1623. ACTIVE-DUTY LIST PROMOTION BOARDS TO HAVE
AUTHORITY TO RECOMMEND THAT RESERVE OFFICERS
CONSIDERED FOR PROMOTION BE REQUIRED TO SHOW
CAUSE FOR RETENTION ON ACTIVE DUTY.
Section 617(b) is amended--
(1) by inserting ``or reserve'' after ``any regular''; and
(2) by inserting ``or 1411'' after ``chapter 60''.
SEC. 1624. APPLICABILITY OF CHAPTER 36 TO RESERVE OFFICERS
DURING WAR OR NATIONAL EMERGENCY.
Section 641 is amended--
(1) by inserting ``(a)'' before ``Officers in the
following''; and
(2) by adding at the end the following:
``(b) Under regulations prescribed by the Secretary of the
military department concerned, a reserve officer who is
ordered to active duty (whether voluntarily or involuntarily)
during a war or national emergency and who would otherwise be
placed on the active-duty list may be excluded from that list
as determined by the Secretary concerned. Exclusion of an
officer from the active-duty list as the result of action by
the Secretary concerned under the preceding sentence shall
expire not later than 24 months after the date on which the
officer enters active duty under an order to active duty
covered by that sentence.''.
SEC. 1625. GRADE IN WHICH RESERVE OFFICERS ARE ORDERED TO
ACTIVE DUTY.
Section 689 is amended--
(1) by inserting ``or full-time National Guard duty'' after
``active duty'' the first two places it appears; and
(2) by inserting ``and placed on the active-duty list''
after ``active duty'' the third place it appears.
SEC. 1626. DATE OF RANK.
Section 741(d)(3) is amended--
(1) by inserting ``or who is transferred from an inactive
status to an active status and placed on the active-duty list
or the reserve active-status list'' after ``warrant officer
(W-5)'';
(2) by inserting ``or reserve active-status list'' after
``active-duty list'' the second place it appears; and
(3) by adding at the end: ``The authority to change the
date of rank of a reserve officer who is placed on the
active-duty list to a later date does not apply in the case
of an officer who (A) has served continuously in the Selected
Reserve of the Ready Reserve since the officer's last
promotion, or (B) is placed on the active-duty list while on
a promotion list as described in section 14317(b) of this
title.''.
SEC. 1627. DISCHARGE BEFORE COMPLETION OF REQUIRED SERVICE IN
CASE OF OFFICERS HAVING TWICE FAILED OF
SELECTION FOR CAPTAIN OR NAVY LIEUTENANT.
Section 1005(b) is amended--
(1) by striking out ``or'' at the end of paragraph (1);
(2) by striking out the period at the end of paragraph (2)
and inserting in lieu thereof a semicolon; and
(3) by adding at the end the following:
``(3) an officer on the active-duty list or reserve active-
status list who has failed of selection for promotion for the
second time to the grade of captain, in the case of an
officer of the Army, Air Force, or Marine Corps, or to the
grade of lieutenant, in the case of an officer of the Navy;
or
``(4) an officer whose discharge or transfer from an active
status is required by law.''.
SEC. 1628. CONFORMING AMENDMENTS RELATING TO NAVY AND MARINE
CORPS OFFICERS.
Section 6389 is amended--
(1) in subsection (a)--
(A) by inserting ``while on the active-duty list'' after
``to the next higher grade''; and
(B) by striking out the period at the end and inserting in
lieu thereof ``or released from active duty and placed on the
reserve active-status list.'';
(2) in subsection (b), by striking out ``or (f)'';
(3) in subsection (c)--
(A) by inserting ``(1)'' after ``(c)'';
(B) by striking out ``lieutenant commander or above'' both
places it appears and inserting in lieu thereof ``lieutenant
commander or commander'';
(C) by striking out ``major or above'' both places it
appears and inserting in lieu thereof ``major or lieutenant
colonel'';
(D) by inserting ``while on the active-duty list'' after
``to the next higher grade'' in the first sentence; and
(E) in the table--
(i) by striking out the line relating to the grades of
captain in the Navy and colonel in the Marine Corps; and
(ii) by striking out ``26 years'' and inserting in lieu
thereof ``28 years'';
(F) by designating the sentence after the table as
paragraph (2) and in that sentence striking out ``the first
sentence of this subsection'' and inserting in lieu thereof
``the first sentence of paragraph (1)'';
(G) by designating the next sentence as paragraph (3) and
in that sentence striking out ``the first two sentences of
this subsection'' and inserting in lieu thereof ``paragraph
(1)''; and
(H) by designating the last sentence as paragraph (4) and
in that sentence--
(i) striking out ``the first two sentences of this
subsection'' and inserting in lieu thereof ``paragraph (1)'';
and
(ii) striking out ``captain or''; and
(4) by striking out subsections (e), (f), and (g).
SEC. 1629. REPEAL OF RESERVE OFFICER PERSONNEL POLICY LAWS.
(a) Army Provisions.--
(1) Chapter 337, relating to appointments as reserve
officers (other than sections 3351 and 3352), is repealed.
(2) Chapter 361, relating to separation for various
reasons, is repealed.
(3) Chapter 363, relating to separation or transfer to the
Retired Reserve, is repealed.
(b) Navy and Marine Corps Provisions.--
(1) Chapter 541, relating to running mates as reserve
officers, is repealed.
(2) Chapter 549, relating to reserve promotions, is
repealed.
(3) Sections 6391, 6392, 6397, 6403, and 6410 are repealed.
(c) Air Force Provisions.--
[[Page 1694]]
(1) Chapter 837, relating to appointments as reserve
officers (other than sections 8351 and 8352), is repealed.
(2) Sections 8819 and 8820 are repealed.
(3) Chapter 863, relating to separation or transfer to the
Retired Reserve, is repealed.
SEC. 1630. AMENDMENTS TO TITLE 32, UNITED STATES CODE.
Title 32, United States Code, is amended as follows:
(1) Sections 309 and 310 are amended to read as follows:
``Sec. 309. Federal recognition of National Guard officers:
officers promoted to fill vacancies
``Each officer of the National Guard who is promoted to
fill a vacancy in a federally recognized unit of the National
Guard, and who has been on the reserve active-status list or
the active-duty list of the Army or the Air Force for at
least one year and has completed the minimum years of service
in grade specified in section 14303 of title 10, shall be
examined for Federal recognition in the grade to which the
officer is promoted.
``Sec. 310. Federal recognition of National Guard officers:
automatic recognition
``(a) Notwithstanding sections 307 and 309 of this title,
if a second lieutenant of the National Guard is promoted to
the grade of first lieutenant to fill a vacancy in a
federally recognized unit in the National Guard, Federal
recognition is automatically extended to that officer in the
grade of first lieutenant, effective as of the date on which
that officer has completed the service in the grade specified
in section 14303(a)(1) of title 10 and has met such other
requirements as prescribed by the Secretary concerned under
section 14308(b) of that title, if the officer has remained
in an active status since the officer was so recommended.
``(b) Notwithstanding sections 307 and 309 of this title,
if an officer of the Army Reserve or the Air Force Reserve in
a reserve grade above second lieutenant is appointed in the
next higher grade in the National Guard to fill a vacancy in
a federally recognized unit in the National Guard, Federal
recognition is automatically extended to that officer in the
grade in which the officer is so appointed in the National
Guard if the officer has been recommended for promotion under
chapter 1405 of title 10 and has remained in an active status
since the officer was so recommended. The extension of
Federal recognition under this subsection is effective as of
the date when the officer is appointed in the National
Guard.''.
(2) Section 323 is amended by striking out subsections (d)
and (e) and inserting in lieu thereof the following:
``(d) The Federal recognition of a reserve commissioned
officer of the Army or the Air Force who is--
``(1) federally recognized as an officer of the National
Guard; and
``(2) subject to involuntary transfer to the Retired
Reserve, transfer to an inactive status list, or discharge
under chapter 1407, 1409, or 1411 of title 10;
shall, if not sooner withdrawn, be withdrawn on the date of
such involuntary transfer or discharge.''.
Subtitle B--Other Personnel Policy Amendments
PART I--APPOINTMENTS
SEC. 1631. REPEAL OF SEPARATE AUTHORITY FOR ACCESSION OF
WOMEN IN RESERVE COMPONENTS.
(a) Enlistments.--Section 510 is amended--
(1) by striking out subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
(b) Appointment of Officers.--Section 591 is amended--
(1) by striking out subsection (c); and
(2) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
SEC. 1632. APPOINTMENT AUTHORITY FOR RESERVE GRADES OF
LIEUTENANT COLONEL AND COMMANDER.
Section 593(a) is amended--
(1) in the first sentence, by striking out ``Reserves in
commissioned grades below lieutenant colonel and commander''
and inserting in lieu thereof ``reserve officers in
commissioned grades of lieutenant colonel and commander or
below''; and
(2) in the second sentence, by striking out ``Reserves in
commissioned grades above major and lieutenant commander''
and inserting in lieu thereof ``reserve officers in
commissioned grades above lieutenant colonel and commander''.
SEC. 1633. APPOINTMENT OF FORMER COMMISSIONED OFFICERS IN
RESERVE COMPONENTS.
Chapter 34 is amended by inserting after section 596 the
following new section:
``Sec. 596a. Commissioned officers: appointment of former
commissioned officers
``Under regulations prescribed by the Secretary of Defense,
a person who is a former commissioned officer may, if
otherwise qualified, be appointed as a reserve officer of the
Army, Navy, Air Force, or Marine Corps. A person so
appointed--
``(1) may be placed on the reserve active-status list of
that armed force in the grade equivalent to the permanent
regular or reserve grade, and in the same competitive
category, in which the person previously served
satisfactorily on active duty or in an active status; and
``(2) may be credited for the purpose of determining date
of rank under section 741(d) of this title with service in
grade equal to that held by that person when discharged or
separated.''.
SEC. 1634. CONSTRUCTIVE CREDIT FOR APPOINTMENT OF OFFICERS IN
RESERVE COMPONENTS WITH QUALIFYING EDUCATION OR
EXPERIENCE.
Chapter 34 is further amended by inserting after section
596a (as added by section 1633) the following new section:
``Sec. 596b. Commissioned officers: service credit upon
original appointment
``(a)(1) For the purpose of determining the grade and the
rank within grade of a person receiving an original
appointment as a reserve commissioned officer (other than a
commissioned warrant officer) in the Army, Navy, Air Force,
or Marine Corps, the person shall be credited at the time of
the appointment with any commissioned service (other than
service as a commissioned warrant officer) performed before
such appointment as a regular officer, or as a reserve
officer in an active status, in any armed force, the National
Oceanic and Atmospheric Administration, or the Public Health
Service.
``(2) The Secretary of Defense shall prescribe regulations,
which shall apply uniformly among the Army, Navy, Air Force,
and Marine Corps, to authorize the Secretary of the military
department concerned to limit the amount of prior
commissioned service with which a person receiving an
original appointment may be credited under paragraph (1), or
to deny any such credit, in the case of a person who at the
time of such appointment is credited with constructive
service under subsection (b).
``(b)(1) Under regulations prescribed by the Secretary of
Defense, a person who is receiving an original appointment as
a reserve commissioned officer (other than a commissioned
warrant officer) of the Army, Navy, Air Force, or Marine
Corps, or a designation in, or an assignment to, an officer
category in which advanced education or training is required
and who has advanced education or training, shall be credited
with constructive service for such education, training, or
experience, as follows:
``(A) One year for each year of advanced education beyond
the baccalaureate degree level, for persons appointed or
designated in, or assigned to, officer categories requiring
such advanced education or an advanced degree as a
prerequisite for such appointment, designation, or
assignment. In determining the number of years of
constructive service to be credited under this subparagraph
to officers in any professional field, the Secretary
concerned shall credit an officer with, but with not more
than, the number of years of advanced education required by a
majority of institutions that award degrees in that
professional field for completion of the advanced education
or award of the advanced degree.
``(B)(i) Credit for any period of advanced education in a
health profession (other than medicine and dentistry) beyond
the baccalaureate degree level which exceeds the basic
education criteria for such appointment, designation, or
assignment, if such advanced education will be directly used
by the armed force concerned.
``(ii) Credit for experience in a health profession (other
than medicine or dentistry), if such experience will be
directly used by the armed force concerned.
``(C) Additional credit of (i) not more than one year for
internship or equivalent graduate medical, dental, or other
formal health professional training required by the armed
forces, and (ii) not more than one year for each additional
year of such graduate-level training or experience creditable
toward certification in a speciality required by the armed
force concerned.
``(D) Additional credit, in unusual cases, based on special
experience in a particular field.
``(E) Additional credit for experience as a physician or
dentist, if appointed, assigned, or designated as a medical
or dental officer.
``(2) If the Secretary of Defense determines that the
number of medical or dental officers serving in an active
status in a reserve component of the Army, Navy, or Air Force
in grades below major or lieutenant commander is critically
below the number needed by such reserve component in such
grades, the Secretary of Defense may authorize the Secretary
of the military department concerned to credit any person who
is receiving an original appointment for service as a medical
or dental officer with a period of constructive credit in
such amount (in addition to any amount credited such person
under subsection (b)) as will result in the grade of such
person being that of captain or, in the case of the Naval
Reserve, lieutenant.
``(3) Except as authorized by the Secretary concerned in
individual cases and under regulations prescribed by the
Secretary of Defense in the case of a medical or dental
officer, the amount of constructive service credited an
officer under this subsection may not exceed the amount
required in order for the officer to be eligible for an
original appointment as a reserve officer of the Army, Air
Force, or Marine Corps in the grade of major or as a reserve
officer of the Navy in the grade of lieutenant commander.
``(4) Constructive service credited an officer under this
subsection is in addition to any service credited that
officer under subsection (a) and shall be credited at the
time of the original appointment of the officer or assignment
to or designation in an officer category in which advanced
education or training or special experience is required.
``(c) Constructive service may not be credited under
subsection (b) for education, training, or experience
obtained while serving as a commissioned officer (other than
a warrant officer) on active duty or in an active status.
However, in the case of an officer
[[Page 1695]]
who completes advanced education or receives an advanced
degree while on active duty or in an active status and in
less than the number of years normally required to complete
such advanced education or receive such advanced degree,
constructive service may, subject to regulations prescribed
under subsection (a)(2), be credited to the officer under
subsection (b)(1)(A) to the extent that the number of years
normally required to complete such advanced education or
receive such advanced degree exceeds the actual number of
years in which such advanced education or degree is obtained
by the officer.
``(d) If the Secretary of Defense determines that the
number of qualified judge advocates serving on the active-
duty list of the Army, Navy, Air Force, or Marine Corps in
grades below lieutenant commander or major is critically
below the number needed by that armed force in those grades,
the Secretary of Defense may authorize the Secretary of the
military department concerned to credit any person who is
receiving an original appointment with a view to assignment
to the Judge Advocate General's Corps of the Army or
appointment to the Judge Advocate General's Corps of the
Navy, or who is receiving an original appointment in the Air
Force or Marine Corps with a view to designation as a judge
advocate, with a period of constructive service in such an
amount (in addition to any amount credited such person under
subsection (b)) as will result in the grade of such person
being that of captain or, in the case of the Navy,
lieutenant, and the date of rank of such person being junior
to that of all other officers of the same grade serving on
the active-duty list.
``(e) Constructive service credited an officer under
subsection (b) or (d) shall be used only for
determining the officer's--
``(1) initial grade as a reserve officer;
``(2) rank in grade; and
``(3) service in grade for promotion eligibility.
``(f) The grade and position on the reserve active-status
list of a person receiving an appointment as a reserve
officer who at the time of appointment is credited with
service under this section shall be determined under
regulations prescribed by the Secretary of Defense based upon
the amount of service credited.''.
SEC. 1635. COMPUTATION OF YEARS OF SERVICE FOR TRANSFER OF
ARMY OFFICERS TO RETIRED RESERVE.
(a) Interim Repeal of Obsolete Provision.--Effective for
the period beginning on the date of the enactment of this Act
and ending on the effective date specified in section 1291,
section 3853 is amended by striking out ``the greater of--''
and all that follows and inserting in lieu thereof ``the sum
of the following:
``(1) The officer's years of service as a commissioned
officer of any component of the armed forces or of the Army
without specification of component.
``(2) The officer's years of service in a federally
recognized commissioned status in the National Guard if his
service in the National Guard was continuous from the date of
his Federal recognition as an officer in the National Guard
to the date of his appointment in the National Guard of the
United States.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to transfers to the Retired Reserve
and to discharges on or after the date of the enactment of
this Act.
SEC. 1636. REPEAL OF MISCELLANEOUS OBSOLETE APPOINTMENT
AUTHORITIES.
(a) Army Reserve Officers Appointed in Temporary Grades.--
Section 3352(a) is amended by striking out the second
sentence.
(b) Air Force Aviation Cadets.--Section 8356 is repealed.
(c) Redundant Statement of Authority.--Section 8379 is
repealed.
PART II--SEPARATION AND RETIREMENT
SEC. 1641. COMPUTATION OF HIGHEST GRADE IN WHICH
SATISFACTORILY SERVED FOR RESERVE COMMISSIONED
OFFICERS AND FORMER OFFICERS.
Section 1370 is amended by adding at the end the following
new subsection:
``(d)(1) Unless entitled to a higher grade, or to credit
for satisfactory service in a higher grade, under some other
provision of law, a person who is entitled to retired pay
under chapter 1225 of this title shall, upon application
under section 12731 of this title, be credited with
satisfactory service in the highest grade in which that
person served satisfactorily at any time in the armed forces,
as determined by the Secretary concerned in accordance with
this subsection.
``(2)(A) In order to be credited with satisfactory service
in an officer grade (other than a warrant officer grade)
below the grade of lieutenant colonel or commander, a person
covered by paragraph (1) must have served satisfactorily in
that grade (as determined by the Secretary of the military
department concerned) as a reserve commissioned officer in an
active status, or in a retired status on active duty, for not
less than six months.
``(B) In order to be credited with satisfactory service in
an officer grade above major or lieutenant commander and
below lieutenant general or vice admiral, a person covered by
paragraph (1) must have served satisfactorily in that grade
(as determined by the Secretary of the military department
concerned) as a reserve commissioned officer in an active
status, or in a retired status on active duty, for not less
than three years. A person covered by the preceding sentence
who has completed at least six months of satisfactory service
in grade and is transferred from an active status or
discharged as a reserve commissioned officer solely due to
the requirements of a nondiscretionary provision of law
requiring that transfer or discharge due to the person's age
or years of service may be credited with satisfactory service
in the grade in which serving at the time of such transfer or
discharge, notwithstanding failure of the person to complete
three years of service in that grade.
``(3) A person whose length of service in the highest grade
held does not meet the service in grade requirements
specified in this subsection shall be credited with
satisfactory service in the next lower grade in which that
person served satisfactorily (as determined by the Secretary
of the military department concerned) for not less than six
months.''.
Subtitle C--Reorganization and Consolidation of Laws Relating to
Reserve Components
SEC. 1661. LAWS RELATING TO ORGANIZATION AND ADMINISTRATION
OF RESERVE COMPONENTS.
(a) Reserve Components Generally.--(1) Subtitle E, as added
by section 1611, is amended by inserting after the table of
chapters at the beginning of the subtitle the following:
``PART I--ORGANIZATION AND ADMINISTRATION
``Chap Sec.
``1001. Definitions...........................................10001....
``1003. Reserve Components Generally..........................10101....
``1005. Elements of Reserve Components........................10141....
``1007. Administration of Reserve Components..................10201....
``1009. Reserve Forces Policy Boards and Committees...........10301....
``1011. National Guard Bureau.................................10501....
``1013. Budget Information and Annual Reports to Congress.....10541....
``CHAPTER 1001--DEFINITIONS
``Sec.
``10001. Definition of State.
``Sec. 10001. Definition of State
``In this subtitle, the term `State' includes the District
of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, and Guam.
``CHAPTER 1003--RESERVE COMPONENTS GENERALLY
``Sec.
``10101. Reserve components named.
``10102. Purpose of reserve components.
``10103. Basic policy for order of National Guard into Federal service.
``10104. Army Reserve: composition.
``10105. Army National Guard of the United States: composition.
``10106. Army National Guard: when a component of the Army.
``10107. Army National Guard of the United States: status when not in
Federal service.
``10108. Naval Reserve: administration.
``10109. Marine Corps Reserve: administration.
``10110. Air Force Reserve: composition.
``10111. Air National Guard of the United States: composition.
``10112. Air National Guard: when a component of the Air Force.
``10113. Air National Guard of the United States: status when not in
Federal service.
``10114. Coast Guard Reserve.
``Sec. 10101. Reserve components named
``The reserve components of the armed forces are:
``(1) The Army National Guard of the United States.
``(2) The Army Reserve.
``(3) The Naval Reserve.
``(4) The Marine Corps Reserve.
``(5) The Air National Guard of the United States.
``(6) The Air Force Reserve.
``(7) The Coast Guard Reserve.
``Sec. 10102. Purpose of reserve components
``The purpose of each reserve component is to provide
trained units and qualified persons available for active duty
in the armed forces, in time of war or national emergency,
and at such other times as the national security may require,
to fill the needs of the armed forces whenever, during and
after the period needed to procure and train additional units
and qualified persons to achieve the planned mobilization,
more units and persons are needed than are in the regular
components.
``Sec. 10103. Basic policy for order of the National Guard
and reserve components to active duty
``Whenever Congress determines that more units and
organizations are needed for the national security than are
in the regular components of the ground and air forces, the
Army National Guard of the United States and the Air National
Guard of the United States, or such parts of them as are
needed, together with units of other reserve components
necessary for a balanced force, shall be ordered to active
duty and retained as long as so needed.
``Sec. 10104. Army Reserve: composition
``The Army Reserve includes all Reserves of the Army who
are not members of the Army National Guard of the United
States.
``Sec. 10105. Army National Guard of the United States:
composition
``The Army National Guard of the United States is the
reserve component of the Army that consists of--
``(1) federally recognized units and organizations of the
Army National Guard; and
[[Page 1696]]
``(2) members of the Army National Guard who are also
Reserves of the Army.
``Sec. 10106. Army National Guard: when a component of the
Army
``The Army National Guard while in the service of the
United States is a component of the Army.
``Sec. 10107. Army National Guard of the United States:
status when not in Federal service
``When not on active duty, members of the Army National
Guard of the United States shall be administered, armed,
equipped, and trained in their status as members of the Army
National Guard.
``Sec. 10108. Naval Reserve: administration
``(a) The Naval Reserve is the reserve component of the
Navy. It shall be organized, administered, trained, and
supplied under the direction of the Chief of Naval
Operations.
``(b) The bureaus and offices of the executive part of the
Department of the Navy have the same relation and
responsibility to the Naval Reserve as they do to the Regular
Navy.
``Sec. 10109. Marine Corps Reserve: administration
``(a) The Marine Corps Reserve is the reserve component of
the Marine Corps. It shall be organized, administered,
trained, and supplied under the direction of the Commandant
of the Marine Corps.
``(b) The departments and offices of Headquarters, Marine
Corps have the same relation and responsibilities to the
Marine Corps Reserve as they do to the Regular Marine Corps.
``Sec. 10110. Air Force Reserve: composition
``The Air Force Reserve is a reserve component of the Air
Force to provide a reserve for active duty. It consists of
the members of the officers' section of the Air Force Reserve
and of the enlisted section of the Air Force Reserve. It
includes all Reserves of the Air Force who are not members of
the Air National Guard of the United States.
``Sec. 10111. Air National Guard of the United States:
composition
``The Air National Guard of the United States is the
reserve component of the Air Force that consists of--
``(1) federally recognized units and organizations of the
Air National Guard; and
``(2) members of the Air National Guard who are also
Reserves of the Air Force.
``Sec. 10112. Air National Guard: when a component of the Air
Force
``The Air National Guard while in the service of the United
States is a component of the Air Force.
``Sec. 10113. Air National Guard of the United States: status
when not in Federal service
``When not on active duty, members of the Air National
Guard of the United States shall be administered, armed,
equipped, and trained in their status as members of the Air
National Guard.
``Sec. 10114. Coast Guard Reserve
``As provided in section 701 of title 14, the Coast Guard
Reserve is a component of the Coast Guard and is organized,
administered, trained, and supplied under the direction of
the Commandant of the Coast Guard. Laws applicable to the
Coast Guard Reserve are set forth in chapter 21 of title 14
(14 U.S.C. 701 et seq.).
``CHAPTER 1005--ELEMENTS OF RESERVE COMPONENTS
``Sec.
``10141. Ready Reserve; Standby Reserve; Retired Reserve: placement and
status of members; training categories.
``10142. Ready Reserve generally.
``10143. Ready Reserve: Selected Reserve.
``10144. Ready Reserve: Individual Ready Reserve.
``10145. Ready Reserve: placement in.
``10146. Ready Reserve: transfer from.
``10147. Ready Reserve: training requirements.
``10148. Ready Reserve: failure to satisfactorily perform prescribed
training.
``10149. Ready Reserve: continuous screening.
``10150. Ready Reserve: transfer back from Standby Reserve.
``10151. Standby Reserve: composition.
``10152. Standby Reserve: inactive status list.
``10153. Standby Reserve: status of members.
``10154. Retired Reserve.
``Sec. 10141. Ready Reserve; Standby Reserve; Retired
Reserve: placement and status of members; training
categories
``(a) There are in each armed force a Ready Reserve, a
Standby Reserve, and a Retired Reserve. Each Reserve shall be
placed in one of those categories.
``(b) Reserves who are on the inactive status list of a
reserve component, or who are assigned to the inactive Army
National Guard or the inactive Air National Guard, are in an
inactive status. Members in the Retired Reserve are in a
retired status. All other Reserves are in an active status.
``(c) As prescribed by the Secretary concerned, each
reserve component except the Army National Guard of the
United States and the Air National Guard of the United States
shall be divided into training categories according to the
degrees of training, including the number and duration of
drills or equivalent duties to be completed in stated
periods. The designation of training categories shall be the
same for all armed forces and the same within the Ready
Reserve and the Standby Reserve.
``Sec. 10142. Ready Reserve
``(a) The Ready Reserve consists of units or Reserves, or
both, liable for active duty as provided in sections 12301
and 12302 of this title.
``(b) The authorized strength of the Ready Reserve is
2,900,000.
``Sec. 10143. Ready Reserve: Selected Reserve
``(a) Within the Ready Reserve of each of the reserve
components there is a Selected Reserve. The Selected Reserve
consists of units, and, as designated by the Secretary
concerned, of Reserves, trained as prescribed in section
10147(a)(1) of this title or section 502(a) of title 32, as
appropriate.
``(b) The organization and unit structure of the Selected
Reserve shall be approved--
``(1) in the case of all reserve components other than the
Coast Guard Reserve, by the Secretary of Defense based upon
recommendations from the military departments as approved by
the Chairman of the Joint Chiefs of Staff in accordance with
contingency and war plans; and
``(2) in the case of the Coast Guard Reserve, by the
Secretary of Transportation upon the recommendation of the
Commandant of the Coast Guard.
``Sec. 10144. Ready Reserve: Individual Ready Reserve
``Within the Ready Reserve of each of the reserve
components there is an Individual Ready Reserve. The
Individual Ready Reserve consists of those members of the
Ready Reserve who are not in the Selected Reserve or the
inactive National Guard.
``Sec. 10145. Ready Reserve: placement in
``(a) Each person required under law to serve in a reserve
component shall, upon becoming a member, be placed in the
Ready Reserve of his armed force for his prescribed term of
service, unless he is transferred to the Standby Reserve
under section 10146(a) of this title.
``(b) The units and members of the Army National Guard of
the United States and of the Air National Guard of the United
States are in the Ready Reserve of the Army and the Ready
Reserve of the Air Force, respectively.
``(c) All Reserves assigned to units organized to serve as
units and designated as units in the Ready Reserve are in the
Ready Reserve.
``(d) Under such regulations as the Secretary concerned may
prescribe, any qualified member of a reserve component or any
qualified retired enlisted member of a regular component may,
upon his request, be placed in the Ready Reserve. However, a
member of the Retired Reserve entitled to retired pay or a
retired enlisted member of a regular component may not be
placed in the Ready Reserve unless the Secretary concerned
makes a special finding that the member's services in the
Ready Reserve are indispensable. The Secretary concerned may
not delegate his authority under the preceding sentence.
``Sec. 10146. Ready Reserve: transfer from
``(a) Subject to subsection (c) and under regulations
prescribed by the Secretary of Defense, or by the Secretary
of Transportation with respect to the Coast Guard when it is
not operating as a service in the Navy, a member in the Ready
Reserve may be transferred to the Standby Reserve.
``(b) A Reserve who is qualified and so requests may be
transferred to the Retired Reserve under regulations
prescribed by the Secretary concerned and, in the case of the
Secretary of a military department, approved by the Secretary
of Defense.
``(c) A member of the Army National Guard of the United
States or the Air National Guard of the United States may be
transferred to the Standby Reserve only with the consent of
the governor or other appropriate authority of the State.
``Sec. 10147. Ready Reserve: training requirements
``(a) Except as specifically provided in regulations to be
prescribed by the Secretary of Defense, or by the Secretary
of Transportation with respect to the Coast Guard when it is
not operating as a service in the Navy, each person who is
enlisted, inducted, or appointed in an armed force, and who
becomes a member of the Ready Reserve under any provision of
law except section 513 or 10145(b) of this title, shall be
required, while in the Ready Reserve, to--
``(1) participate in at least 48 scheduled drills or
training periods during each year and serve on active duty
for training of not less than 14 days (exclusive of
traveltime) during each year; or
``(2) serve on active duty for training not more than 30
days during each year.
``(b) A member who has served on active duty for one year
or longer may not be required to perform a period of active
duty for training if the first day of that period falls
during the last 120 days of the member's required membership
in the Ready Reserve.
``Sec. 10148. Ready Reserve: failure to satisfactorily
perform prescribed training
``(a) A member of the Ready Reserve covered by section
10147 of this title who fails in any year to perform
satisfactorily the training duty prescribed in that section,
as determined by the Secretary concerned under regulations
prescribed by the Secretary of Defense, may be ordered
without his consent to perform additional active duty for
training for not more than 45 days. If the failure occurs
during the last year of his required membership in the Ready
Reserve, his membership is extended until he performs that
additional active duty for training, but not for more than
six months.
[[Page 1697]]
``(b) A member of the Army National Guard of the United
States or the Air National Guard of the United States who
fails in any year to perform satisfactorily the training duty
prescribed by or under law for members of the Army National
Guard or the Air National Guard, as the case may be, as
determined by the Secretary concerned, may, upon the request
of the Governor of the State (or, in the case of the District
of Columbia, the commanding general of the District of
Columbia National Guard) be ordered, without his consent, to
perform additional active duty for training for not more than
45 days. A member ordered to active duty under this
subsection shall be ordered to duty as a Reserve of the Army
or as a Reserve of the Air Force, as the case may be.
``Sec. 10149. Ready Reserve: continuous screening
``(a) Under regulations to be prescribed by the President,
the Secretary concerned shall provide a system of continuous
screening of units and members of the Ready Reserve to ensure
the following:
``(1) That there will be no significant attrition of those
members or units during a mobilization.
``(2) That there is a proper balance of military skills.
``(3) That except for those with military skills for which
there is an overriding requirement, members having critical
civilian skills are not retained in numbers beyond the need
for those skills.
``(4) That with due regard to national security and
military requirements, recognition will be given to
participation in combat.
``(5) That members whose mobilization in an emergency would
result in an extreme personal or community hardship are
not retained in the Ready Reserve.
``(b) Under regulations to be prescribed by the Secretary
of Defense, and by the Secretary of Transportation with
respect to the Coast Guard when it is not operating as a
service in the Navy, a member of the Ready Reserve who is
designated as a member not to be retained in the Ready
Reserve as a result of screening under subsection (a) shall,
as appropriate, be--
``(1) transferred to the Standby Reserve;
``(2) discharged; or
``(3) if the member is eligible and applies therefor,
transferred to the Retired Reserve.
``Sec. 10150. Ready Reserve: transfer back from Standby
Reserve
``Under regulations to be prescribed by the Secretary of
Defense, and by the Secretary of Transportation with respect
to the Coast Guard when it is not operating as a service in
the Navy, a member of the Standby Reserve who has not
completed his required period of service in the Ready Reserve
may be transferred to the Ready Reserve when the reason for
his transfer to the Standby Reserve no longer exists.
``Sec. 10151. Standby Reserve: composition
``The Standby Reserve consists of those units or members,
or both, of the reserve components, other than those in the
Ready Reserve or Retired Reserve, who are liable for active
duty only as provided in sections 12301 and 12306 of this
title.
``Sec. 10152. Standby Reserve: inactive status list
``(a) An inactive status list shall be maintained in the
Standby Reserve. Whenever an authority designated by the
Secretary concerned considers that it is in the best interest
of the armed force concerned, a member in the Standby Reserve
who is not required to remain a Reserve, and who cannot
participate in prescribed training, may, if qualified, be
transferred to the inactive status list under regulations to
be prescribed by the Secretary concerned. These regulations
shall fix the conditions under which such a member is
entitled to be returned to an active status.
``Sec. 10153. Standby Reserve: status of members
``While in an inactive status, a Reserve is not eligible
for pay or promotion and (as provided in section 12734(a) of
this title) does not accrue credit for years of service under
chapter 1223 of this title.
``Sec. 10154. Retired Reserve
``The Retired Reserve consists of the following Reserves:
``(1) Reserves who are or have been retired under section
3911, 6323, or 8911 of this title or under section 291 of
title 14.
``(2) Reserves who have been transferred to the Retired
Reserve upon their request, retain their status as Reserves,
and are otherwise qualified.
``CHAPTER 1007--ADMINISTRATION OF RESERVE COMPONENTS
``Sec.
``10201. Assistant Secretary of Defense for Reserve Affairs.
``10202. Regulations.
``10203. Reserve affairs: designation of general or flag officer of
each armed force.
``10204. Personnel records.
``10205. Members of Individual Ready Reserve: requirement of
notification of change of status.
``10206. Members: periodic physical examinations.
``10207. Mobilization forces: maintenance.
``10208. Annual mobilization exercise.
``10209. Regular and reserve components: discrimination prohibited.
``10210. Dissemination of information.
``10211. Policies and regulations: participation of reserve officers in
preparation and administration.
``10212. Gratuitous services of officers: authority to accept.
``10213. Reserve components: dual membership prohibited.
``10214. Adjutants general and assistant adjutants general: reference
to other officers of National Guard.
``10215. Officers of Army National Guard of the United States and Air
National Guard of the United States: authority with
respect to Federal status.
``Sec. 10201. Assistant Secretary of Defense for
Reserve Affairs
``As provided in section 138(b)(2) of this title, the
official in the Department of Defense with responsibility for
overall supervision of reserve component affairs of the
Department of Defense is the Assistant Secretary of Defense
for Reserve Affairs.
``Sec. 10202. Regulations
``(a) Subject to standards, policies, and procedures
prescribed by the Secretary of Defense, the Secretary of each
military department shall prescribe such regulations as the
Secretary considers necessary to carry out provisions of law
relating to the reserve components under the
Secretary's jurisdiction.
``(b) The Secretary of Transportation, with the concurrence
of the Secretary of the Navy, shall prescribe such
regulations as the Secretary considers necessary to carry out
all provisions of law relating to the reserve components
insofar as they relate to the Coast Guard, except when the
Coast Guard is operating as a service in the Navy.
``(c) So far as practicable, regulations for all reserve
components shall be uniform.
``Sec. 10203. Reserve affairs: designation of general or flag
officer of each armed force
``(a) The Secretary of the Army may designate a general
officer of the Army to be directly responsible for reserve
affairs to the Chief of Staff of the Army.
``(b) The Secretary of the Navy may designate a flag
officer of the Navy to be directly responsible for reserve
affairs to the Chief of Naval Operations and a general
officer of the Marine Corps to be directly responsible for
reserve affairs to the Commandant of the Marine Corps.
``(c) The Secretary of the Air Force may designate a
general officer of the Air Force to be directly responsible
for reserve affairs to the Chief of Staff of the Air Force.
``(d) The Secretary of Transportation may designate a flag
officer of the Coast Guard to be directly responsible for
reserve affairs to the Commandant of the Coast Guard.
``(e) This section does not affect the functions of the
Chief of the National Guard Bureau, the Chief of Army
Reserve, or the Chief of Air Force Reserve.
``Sec. 10204. Personnel records
``(a) The Secretary concerned shall maintain adequate and
current personnel records of each member of the reserve
components under the Secretary's jurisdiction showing the
following with respect to the member:
``(1) Physical condition.
``(2) Dependency status.
``(3) Military qualifications.
``(4) Civilian occupational skills.
``(5) Availability for service.
``(6) Such other information as the Secretary concerned may
prescribe.
``(b) Under regulations to be prescribed by the Secretary
of Defense, the Secretary of each military department shall
maintain a record of the number of members of each class of
each reserve component who, during each fiscal year, have
participated satisfactorily in active duty for training and
inactive duty training with pay.
``Sec. 10205. Members of Ready Reserve: requirement of
notification of change of status
``(a) Each member of the Ready Reserve shall notify the
Secretary concerned of any change in the member's address,
marital status, number of dependents, or civilian employment
and of any change in the member's physical condition that
would prevent the member from meeting the physical or mental
standards prescribed for the member's armed force.
``(b) This section shall be administered under regulations
prescribed by the Secretary of Defense and by the Secretary
of Transportation with respect to the Coast Guard when it is
not operating as a service in the Navy.
``Sec. 10206. Members: periodic physical examinations
``(a) Each member of the Ready Reserve who is not on active
duty shall--
``(1) be examined as to his physical fitness every five
years, or more often as the Secretary concerned considers
necessary; and
``(2) execute and submit annually to the Secretary
concerned a certificate of physical condition.
Each Reserve in an active status, or on an inactive status
list, who is not on active duty shall execute and submit
annually to the Secretary concerned a certificate of physical
condition.
``(b) The kind of duty to which a Reserve ordered to active
duty may be assigned shall be considered in determining
physical qualifications for active duty.
``Sec. 10207. Mobilization forces: maintenance
``(a) Whenever units or members of the reserve components
are ordered to active duty (other than for training) during a
period of partial mobilization, the Secretary concerned shall
continue to maintain mobilization forces by planning and
budgeting for the continued organization and training of the
reserve components not mobilized, and make the fullest
practicable use of the Federal facilities vacated by
mobilized units, consistent with approved joint mobilization
plans.
[[Page 1698]]
``(b) In this section, the term `partial mobilization'
means the mobilization resulting from action by Congress or
the President, under any law, to bring units of any reserve
component, and members not assigned to units organized to
serve as units, to active duty for a limited expansion of the
active armed forces.
``Sec. 10208. Annual mobilization exercise
``(a) The Secretary of Defense shall conduct at least one
major mobilization exercise each year. The exercise should be
as comprehensive and as realistic as possible and should
include the participation of associated active component and
reserve component units.
``(b) The Secretary shall maintain a plan to test
periodically each active component and reserve component unit
based in the United States and all interactions of such
units, as well as the sustainment of the forces mobilized as
part of the exercise, with the objective of permitting an
evaluation of the adequacy of resource allocation and
planning.
``Sec. 10209. Regular and reserve components: discrimination
prohibited
``Laws applying to both Regulars and Reserves shall be
administered without discrimination--
``(1) among Regulars;
``(2) among Reserves; and
``(3) between Regulars and Reserves.
``Sec. 10210. Dissemination of information
``The Secretary of Defense shall require the complete and
current dissemination, to all Reserves and to the public, of
information of interest to the reserve components.
``Sec. 10211. Policies and regulations: participation of
Reserve officers in preparation and administration
``Within such numbers and in such grades and assignments as
the Secretary concerned may prescribe, each armed force shall
have officers of its reserve components on active duty (other
than for training) at the seat of government, and at
headquarters responsible for reserve affairs, to participate
in preparing and administering the policies and regulations
affecting those reserve components. While so serving, such an
officer is an additional number of any staff with which he is
serving.
``Sec. 10212. Gratuitous services of officers: authority to
accept
``Notwithstanding section 1342 of title 31, the Secretary
of a military department may accept the gratuitous services
of an officer of a reserve component under the Secretary's
jurisdiction (other than an officer of the Army National
Guard of the United States or the Air National Guard of the
United States)--
``(1) in the furtherance of the enrollment, organization,
and training of that officer's reserve component or the
Reserve Officers' Training Corps; or
``(2) in consultation upon matters relating to the armed
forces.
``Sec. 10213. Reserve components: dual membership prohibited
``Except as otherwise provided in this title, no person may
be a member of more than one reserve component at the same
time.
``Sec. 10214. Adjutants general and assistant adjutants
general: reference to other officers of National Guard
``In any case in which, under the laws of a State, an
officer of the National Guard of that jurisdiction, other
than the adjutant general or an assistant adjutant general,
normally performs the duties of that office, the references
in sections 12004(b)(1), 12215, 12642(c), 14507(b), 14508(e),
and 14512 of this title to the adjutant general or the
assistant adjutant general shall be applied to that officer
instead of to the adjutant general or assistant adjutant
general.
``Sec. 10215. Officers of Army National Guard of the United
States and Air National Guard of the United States:
authority with respect to Federal status
``(a)(1) Officers of the Army National Guard of the United
States who are not on active duty--
``(A) may order members of the Army National Guard of the
United States to active duty for training under section
12301(d) of this title; and
``(B) with the approval of the Secretary of the Air Force,
may order members of the Air National Guard of the United
States to active duty for training under that section.
``(2) Officers of the Air National Guard of the United
States who are not on active duty--
``(A) may order members of the Air National Guard of the
United States to active duty for training under section
12301(d) of this title; and
``(B) with the approval of the Secretary of the Army, may
order members of the Army National Guard of the United States
to active duty for training under that section.
``(b) Officers of the Army National Guard of the United
States or the Air National Guard of the United States who are
not on active duty--
``(1) may enlist, reenlist, or extend the enlistments of
persons as Reserves of the Army or Reserves of the Air Force
for service in the Army National Guard of the United States
or the Air National Guard of the United States, as the case
may be; and
``(2) with respect to their Federal status, may promote or
discharge persons enlisted or reenlisted as Reserves of the
Army or Reserves of the Air Force for that service.
``(c) This section shall be carried out under regulations
prescribed by the Secretary of the Army, with respect to
matters concerning the Army, and by the Secretary of the Air
Force, with respect to matters concerning the Air Force.''.
(2)(A) Sections 261 through 265 and 267 through 281 are
repealed.
(B) Chapter 11 is amended by striking out the table of
sections at the beginning and inserting in lieu thereof the
following:
``Sec.
``261. Reference to chapters 1003, 1005, and 1007.
``Sec. 261. Reference to chapters 1003, 1005, and 1007
``Provisions of law relating to the reserve components
generally, including provisions relating to the organization
and administration of the reserve components, are set forth
in chapter 1003 (beginning with section 10101), chapter 1005
(beginning with section 10141), and chapter 1007 (beginning
with section 10201) of this title.''.
(3)(A) Chapter 519 and sections 652, 2001, 3076 through
3080, and 8076 through 8080 are repealed.
(B) Section 552(e) of Public Law 98-525 is repealed.
(4) Section 1004 is amended--
(A) by striking out subsections (a) and (b); and
(B) by striking out ``(c)'' before ``Except as otherwise
provided''.
(5)(A) Section 10147(a), as added by paragraph (1), applies
only to persons who were inducted, enlisted, or appointed in
an armed force after August 9, 1955.
(B) Section 10148(b), as added by paragraph (1), applies
only to persons who became members of the Army National Guard
of the United States or the Air National Guard of the United
States after October 4, 1961.
(b) Boards and Committees.--(1) Part I of subtitle E (as
added by subsection (a)) is amended by adding at the end the
following:
``CHAPTER 1009--RESERVE FORCES POLICY BOARDS AND COMMITTEES
``Sec.
``10301. Reserve Forces Policy Board.
``10302. Army Reserve Forces Policy Committee.
``10303. Naval Reserve Policy Board.
``10304. Marine Corps Reserve Policy Board.
``10305. Air Force Reserve Forces Policy Committee.
``Sec. 10301. Reserve Forces Policy Board
``(a) There is in the Office of the Secretary of Defense a
Reserve Forces Policy Board. The Board consists of the
following:
``(1) A civilian chairman appointed by the Secretary of
Defense.
``(2) The Assistant Secretary of the Army for Manpower and
Reserve Affairs, the Assistant Secretary of the Navy for
Manpower and Reserve Affairs, and the Assistant Secretary of
the Air Force for Manpower and Reserve Affairs.
``(3) An officer of the Regular Army designated by the
Secretary of the Army.
``(4) An officer of the Regular Navy and an officer of the
Regular Marine Corps, each designated by the Secretary of the
Navy.
``(5) An officer of the Regular Air Force designated by the
Secretary of the Air Force.
``(6) Four reserve officers designated by the Secretary of
Defense upon the recommendation of the Secretary of the Army,
two of whom must be members of the Army National Guard of the
United States, and two of whom must be members of the Army
Reserve.
``(7) Four reserve officers designated by the Secretary of
Defense upon the recommendation of the Secretary of the Navy,
two of whom must be members of the Naval Reserve, and two of
whom must be members of the Marine Corps Reserve.
``(8) Four reserve officers designated by the Secretary of
Defense upon the recommendation of the Secretary of the Air
Force, two of whom must be members of the Air National Guard
of the United States, and two of whom must be members of the
Air Force Reserve.
``(9) A reserve officer of the Army, Navy, Air Force, or
Marine Corps who is a general officer or flag officer
designated by the Chairman of the Board with the approval of
the Secretary of Defense, and who serves without vote as
military adviser to the Chairman and as executive officer of
the Board.
``(10) An officer of the Regular Army, Regular Navy,
Regular Air Force, or Regular Marine Corps serving in a
position on the Joint Staff who is designated by the Chairman
of the Joint Chiefs of Staff.
``(b) Whenever the Coast Guard is not operating as a
service in the Navy, the Secretary of Transportation may
designate two officers of the Coast Guard, Regular or
Reserve, to serve as voting members of the Board.
``(c) The Board, acting through the Assistant Secretary of
Defense for Reserve Affairs, is the principal policy adviser
to the Secretary of Defense on matters relating to the
reserve components.
``(d) This section does not affect the committees on
reserve policies prescribed within the military departments
by sections 10302 through 10305 of this title.
``(e) A member of a committee or board prescribed under a
section listed in subsection (d) may, if otherwise eligible,
be a member of the Reserve Forces Policy Board.
``(f) The Board shall act on those matters referred to it
by the Chairman and, in addition, on any matter raised by a
member of the Board.
``Sec. 10303. Naval Reserve Policy Board
``A Naval Reserve Policy Board shall be convened at least
once annually at the seat of government to consider,
recommend, and
[[Page 1699]]
report to the Secretary of the Navy on reserve policy
matters. At least half of the members of the Board must be
officers of the Naval Reserve.
``Sec. 10304. Marine Corps Reserve Policy Board
``A Marine Corps Reserve Policy Board shall be convened at
least once annually at the seat of government to consider,
recommend, and report to the Secretary of the Navy on reserve
policy matters. At least half of the members of the Board
must be officers of the Marine Corps Reserve.''.
(2)(A) Section 3021 is transferred to chapter 1009 (as
added by paragraph (1)), inserted after section 10301, and
redesignated as section 10302.
(B) Section 8021 is transferred to chapter 1009 (as added
by paragraph (1)), inserted after section 10304, and
redesignated as section 10305.
(3) The text of section 175 is amended to read as follows:
``There is in the Office of the Secretary of Defense a
Reserve Forces Policy Board. The functions, membership, and
organization of that board are set forth in section 10301 of
this title.''.
(4)(A) Chapter 303 (as amended by paragraph (2)(A)) is
amended by adding at the end the following:
``Sec. 3021. Army Reserve Forces Policy Committee
``There is in the Office of the Secretary of the Army an
Army Reserve Forces Policy Committee. The functions,
membership, and organization of that committee are set forth
in section 10302 of this title.''.
(B) Chapter 803 (as amended by paragraph (2)(B)) is amended
by adding at the end the following:
``Sec. 8021. Air Force Reserve Forces Policy Committee
``There is in the Office of the Secretary of the Air Force
an Air Force Reserve Forces Policy Committee. The functions,
membership, and organization of that committee are set forth
in section 10305 of this title.''.
(c) National Guard Bureau.--(1)(A) Chapter 1011, as added
by section 904(a), is amended by inserting after section
10506 the following:
``Sec. 10507. National Guard Bureau: assignment of officers
of regular or reserve components
``Except as provided in section 124402(b) of this title,
the President may assign to duty in the National Guard Bureau
as many regular or reserve officers of the Army or Air Forces
as he considers necessary.''.
(B) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
10506 the following new item:
``10507. National Guard Bureau: assignment of officers of regular or
reserve components.''.
(2) Sections 3541 and 8541 are repealed.
(d) Annual Reports to Congress.--(1) Part I of subtitle E,
as added by subsection (a), is amended by adding after
chapter 1011, as added by section 904(a), the following:
``CHAPTER 1013--BUDGET INFORMATION AND ANNUAL REPORTS TO CONGRESS
``Sec.
``10541. National Guard and reserve component equipment: annual report
to Congress.
``10542. Army National Guard combat readiness: annual report.''.
(2)(A) Section 115b is transferred to chapter 1013, as
added by paragraph (1), inserted after the table of sections,
and redesignated as section 10541.
(B) The heading of that section is amended to read as
follows:
``Sec. 10541. National Guard and reserve component equipment:
annual report to Congress''.
(3) Section 3082 is transferred to chapter 1013, as added
by paragraph (1), inserted after section 10541 (as
transferred and redesignated by paragraph (2)), redesignated
as section 10542, and amended by striking out the word in the
section heading before the colon and by striking out
subsection (c).
SEC. 1662. LAWS RELATING TO RESERVE COMPONENT PERSONNEL
POLICY.
(a) Strength and Distribution in Grade.--(1) Subtitle E, as
added by section 1611, is amended by inserting after part I
of such subtitle, as added by section 1661, the following:
``PART II--PERSONNEL GENERALLY
``Chap. Sec.
``1201. Authorized Strengths and Distribution in Grade........12001....
``1203. Enlisted Members......................................12101....
``1205. Appointment of Reserve Officers.......................12201....
``1207. Warrant Officers......................................12241....
``1209. Active Duty...........................................12301....
``1211. National Guard Members in Federal Service.............12401....
``1213. Special Appointments, Assignments, Details, and Duties12501....
``1215. Miscellaneous Prohibitions and Penalties [No present sections]
``1217. Miscellaneous Rights and Benefits.....................12601....
``1219. Standards and Procedures for Retention and Promotion..12641....
``1221. Separation............................................12681....
``1223. Retired Pay for Non-Regular Service...................12731....
``1225. Retired Grade.........................................12771....
``CHAPTER 1201--AUTHORIZED STRENGTHS AND DISTRIBUTION IN
GRADE
``Sec.
``12001. Authorized strengths: reserve components.
``12002. Authorized strengths: Army and Air Force reserve components,
exclusive of members on active duty.
``12003. Authorized strengths: commissioned officers active status.
``12004. Strength in grade: reserve general and flag officers in an
active status.
``12005. Strength in grade: commissioned officers in grades below
brigadier general or rear admiral (lower half) in an
active status.
``12006. Strength limitations: authority to waive in time of war or
national emergency.
``12007. Reserve officers of the Army: distribution.
``12008. Army Reserve and Air Force Reserve: warrant officers.
``12009. Army and Air Force reserve components: temporary increases.
``12010. Computations for Naval Reserve and Marine Corps Reserve: rule
when fraction occurs in final result.
``12011. Authorized strengths: reserve officers on active duty or on
full-time National Guard duty for administration of the
reserves or the National Guard.
``12012. Authorized strengths: senior enlisted members on active duty
or on full-time National Guard duty for administration of
the reserves or the National Guard.
``Sec. 12001. Authorized strengths: reserve components
``(a) Whenever the authorized strength of a reserve
component (other than the Coast Guard Reserve) is not
prescribed by law, it shall be prescribed by the President.
``(b) Subject to the authorized strength of the reserve
component concerned, the authorized strength of each reserve
component (other than the Coast Guard Reserve) in members in
each grade is that which the Secretary concerned determines
to be necessary to provide for mobilization requirements. The
Secretary shall review these determinations at least once
each year and revise them if he considers it necessary.
However, a member of the reserve component concerned may not,
as a result of such a determination, be reduced in the
member's reserve grade without the member's consent.
``Sec. 12002. Authorized strengths: Army and Air Force
reserve components, exclusive of members on active duty
``(a) The authorized strengths of the National Guard and
the reserve components of the Army and the Air Force,
exclusive of members who are included in the strengths
authorized for members of the Army and Air Force,
respectively, on active duty, are as follows:
``Army National Guard and the Army National Guard of the United
States.......................................................600,000
``Army Reserve.............................................980,000
``Air National Guard and the Air National Guard of the United
States.......................................................150,000
``Air Force Reserve........................................500,000.
``(b) The strength authorized by this section for the Army
National Guard and the Army National Guard of the United
States, and the strength authorized by this section for the
Air National Guard and the Air National Guard of the United
States, shall be allocated among the States.
``Sec. 12003. Authorized strengths: commissioned officers in
an active status
``(a) The authorized strengths of the Army, Navy, Air
Force, and Marine Corps in reserve commissioned officers,
other than commissioned warrant officers and officers on an
active-duty list, in an active status are as follows:
``Army.....................................................275,000
``Air Force................................................200,000
``Navy.....................................................150,000
``Marine Corps..............................................24,500.
``(b) The authorized strengths prescribed by subsection (a)
may not be exceeded unless--
``(1) the Secretary concerned determines that a greater
number is necessary for planned mobilization requirements; or
``(2) the excess results directly from the operation of a
nondiscretionary provision of law.
``Sec. 12004. Strength in grade: reserve general and flag
officers in an active status
``(a) The authorized strengths of the Army, Air Force, and
Marine Corps in reserve general officers in an active status,
and the authorized strength of the Navy in reserve officers
in the grades of rear admiral (lower half) and rear admiral
in an active-status, are as follows:
``Army.........................................................207
``Air Force....................................................157
``Navy..........................................................48
``Marine Corps..................................................10.
``(b) The following Army and Air Force reserve officers
shall not be counted for purposes of this section:
``(1) Those serving as adjutants general or assistant
adjutants general of a State.
``(2) Those serving in the National Guard Bureau.
``(3) Those counted under section 526 of this title.
``(c)(1) The authorized strength of the Navy under
subsection (a) is exclusive of officers counted under section
526 of this title. Of the number authorized under subsection
(a), 39
[[Page 1700]]
are distributed among the line and the staff corps as
follows:
``Line..........................................................28
``Medical Corps..................................................5
``Chaplain Corps.................................................1
``Judge Advocate General's Corps.................................1
``Dental Corps...................................................2
``Nurse Corps....................................................1
``Medical Service Corps..........................................1
``(2) The remaining authorizations for the Navy under
subsection (a) shall be distributed among such other staff
corps as are established by the Secretary of the Navy under
the authority provided by section 5150(b) of this title,
except that--
``(A) if the Secretary has established a Supply Corps, the
authorized strength for the Supply Corps shall be seven; and
``(B) if the Secretary has established a Civil Engineering
Corps, the authorized strength for the Civil Engineering
Corps shall be two.
``(3) Not more than 50 percent of the officers in an active
status authorized under this section for the Navy may serve
in the grade of rear admiral.
``(d) The authorized strength of the Marine Corps under
subsection (a) is exclusive of those counted under section
526 of this title.
``(e)(1) A reserve general officer of the Army or Air Force
may not be reduced in grade because of a reduction in the
number of general officers authorized under subsection (a).
``(2) An officer of the Naval Reserve or the Marine Corps
Reserve may not be reduced in permanent grade because of a
reduction in the number authorized by this section for his
grade.
``Sec. 12005. Strength in grade: commissioned officers in
grades below brigadier general or rear admiral (lower half)
in an active status
``(a)(1) Subject to paragraph (2), the authorized strength
of the Army and the Air Force in reserve commissioned
officers in an active status in each grade named in paragraph
(2) is as prescribed by the Secretary of the Army or the
Secretary of the Air Force, respectively. A vacancy in any
grade may be filled by an authorized appointment in any lower
grade.
``(2) A strength prescribed by the Secretary concerned
under paragraph (1) for a grade may not be higher than the
percentage of the strength authorized for the Army or the Air
Force, as the case may be, under section 12003 of this title
that is specified for that grade as follows:
------------------------------------------------------------------------
Army Air Force
Grade percentage percentage
------------------------------------------------------------------------
Colonel....................................... 2 1.8
Lieutenant colonel............................ 6 4.6
Major......................................... 13 14.0
Captain....................................... 35 32.0
First lieutenant and second lieutenant (when
combined with the number authorized for
general officer grades under section 12004 of
this title).................................. 44 47.6
------------------------------------------------------------------------
``(b)(1) The authorized strengths of the Naval Reserve in
line officers in an active status in the grades of captain,
commander, lieutenant commander, and lieutenant, and in the
grades of lieutenant (junior grade) and ensign combined, are
the following percentages of the total authorized number of
those officers:
``Captain..................................................1.5 percent
``Commander..................................................7 percent
``Lieutenant commander......................................22 percent
``Lieutenant................................................37 percent
``Lieutenant (junior grade) and ensign (when combined with the number
authorized for flag officer grades under section 12004 o32.5 percent.
``(2) When the actual number of line officers in an active
status in any grade is less than the number authorized by
paragraph (1) for that grade, the difference may be applied
to increase the number authorized by that paragraph for any
lower grade or grades.
``(c)(1) The authorized strengths of the Marine Corps
Reserve in officers in an active status in the grades of
colonel, lieutenant colonel, major, and captain, and in the
grades of first lieutenant and second lieutenant combined,
are the following percentages of the total authorized number
of those officers:
``Colonel....................................................2 percent
``Lieutenant colonel.........................................6 percent
``Major.....................................................12 percent
``Captain...................................................35 percent
``First lieutenant and second lieutenant (when combined with the number
authorized for general officer grades under section 12004 of this
title)..................................................32.5 percent.
``(2) When the actual number of officers in an active
status in any grade is less than the number authorized by
paragraph (1) for that grade, the difference may be applied
to increase the number authorized by that paragraph for any
lower grade or grades.
``(d)(1) An officer of the Army or Air Force may not be
reduced in grade because of a reduction in the number of
commissioned officers authorized for the officer's grade
under this section.
``(2) An officer of the Naval Reserve or the Marine Corps
Reserve may not be reduced in permanent grade because of a
reduction in the number authorized by this section for his
grade.
``Sec. 12006. Strength limitations: authority to waive in
time of war or national emergency
``(a) In time of war, or of national emergency declared by
Congress or the President, the President may suspend the
operation of any provision of section 12003, 12004, or 12005
of this title. So long as any such war or national emergency
continues, any such suspension may be extended by the
President.
``(b) Any suspension under subsection (a) shall, if not
sooner ended, end on the last day of the two-year period
beginning on the date on which the suspension (or the last
extension thereof) takes effect or on the last day of the
one-year period beginning on the date of the termination of
the war or national emergency, whichever occurs first. With
respect to the end of any such suspension, the preceding
sentence supersedes the provisions of title II of the
National Emergencies Act (50 U.S.C. 1621, 1622) which provide
that powers or authorities exercised by reason of a national
emergency shall cease to be exercised after the date of
termination of the emergency.
``Sec. 12007. Reserve officers of the Army: distribution
``The Secretary of the Army shall distribute the number of
reserve commissioned officers, other than commissioned
warrant officers, authorized in each commissioned grade
between those assigned to reserve units organized to serve as
units and those not assigned to such units. The Secretary
shall distribute the number who are assigned to reserve units
organized to serve as units among the units of each reserve
component by prescribing appropriate tables of organization
and tables of distribution. The Secretary shall distribute
the number who are not assigned to such units between--
``(1) each special branch; and
``(2) all other branches taken together.
``Sec. 12008. Army Reserve and Air Force Reserve: warrant
officers
``The Secretary of the Army may prescribe the authorized
strength of the Army Reserve in warrant officers. The
Secretary of the Air Force may prescribe the authorized
strength of the Air Force Reserve in warrant officers.
``Sec. 12009. Army and Air Force reserve components:
temporary increases
``(a) The authorized strength in any reserve grade, as
prescribed under this chapter, for any reserve component
under the jurisdiction of the Secretary of the Army or the
Secretary of the Air Force is automatically increased to the
minimum extent necessary to give effect to each appointment
made in that grade under section 1211(a), 3036, 14304(b),
14314, or 14317 of this title.
``(b) An authorized strength so increased is increased for
no other purpose. While an officer holds that grade, the
officer whose appointment caused the increase is counted for
the purpose of determining when other appointments, not under
those sections, may be made in that grade.
``Sec. 12010. Computations for Naval Reserve and Marine Corps
Reserve: rule when fraction occurs in final result
``When there is a fraction in the final result of any
computation under this chapter for the Naval Reserve or the
Marine Corps Reserve, a fraction of one-half or more is
counted as one, and a fraction of less than one-half is
disregarded.
``Sec. 12012. Authorized strengths: senior enlisted members
on active duty or on full-time National Guard duty for
administration of the reserves or National Guard
``(a) The number of enlisted members in pay grades E-8 and
E-9 who may be on active duty (other than for training) or on
full-time National Guard duty under the authority of section
502(f) of title 32 (other than for training) as of the end of
any fiscal year in connection with organizing, administering,
recruiting, instructing, or training the reserve components
or the National Guard may not exceed the number for that
grade and armed force in the following table:
------------------------------------------------------------------------
Marine
``Grade Army Navy Air Force Corps
------------------------------------------------------------------------
E-9......................... 569 202 328 14
E-8......................... 2,585 429 840 74
------------------------------------------------------------------------
``(b) Whenever the number of members serving in pay grade
E-9 for duty described in subsection (a) is less than the
number authorized for that grade under subsection (a), the
difference between the two numbers may be applied to increase
the number authorized under such subsection for pay grade E-
8.''.
(2)(A) Section 524 is transferred to chapter 1201, as added
by paragraph (1), inserted after section 12010, and
redesignated as section 12011.
(B) The heading of that section is amended to read as
follows:
``Sec. 12011. Authorized strengths: reserve officers on
active duty or on full-time National Guard duty for
administration of the reserves or the National Guard''.
(3) Chapter 531 and sections 3212, 3217 through 3225, 5454,
5456, 5457, 5458, 8212, and 8217 through 8225 are repealed.
(4) Section 517 is amended--
(A) by striking out subsection (b); and
(B) by redesignating subsection (c) as subsection (b) and
in that subsection striking
[[Page 1701]]
out ``or whenever'' and all that follows through ``under
subsection (b),''.
(b) Enlistments.--(1) Part II of subtitle E, as added by
subsection (a), is amended by adding after chapter 1201 (as
added by subsection (a)), the following:
``CHAPTER 1203--ENLISTED MEMBERS
``Sec.
``12101. Definition.
``12102. Reserve components: qualifications.
``12103. Reserve components: terms.
``12104. Reserve components: transfers.
``12105. Army Reserve and Air Force Reserve: transfer from Guard
components.
``12106. Army and Air Force Reserve: transfer to upon withdrawal as
member of National Guard.
``12107. Army National Guard of United States; Air National Guard of
the United States: enlistment in.
``Sec. 12101. Definition
``In this chapter, the term `enlistment' means original
enlistment or reenlistment.
``Sec. 12105. Army Reserve and Air Force Reserve: transfer
from Guard components
``(a) Under such regulations as the Secretary concerned may
prescribe--
``(1) an enlisted member of the Army National Guard of the
United States may be transferred in grade to the Army
Reserve; and
``(2) an enlisted member of the Air National Guard of the
United States may be transferred in grade to the Air Force
Reserve.
``(b) Upon such a transfer, the member transferred is
eligible for promotion to the highest regular or reserve
grade ever held by him in the Army, if transferred under
subsection (a)(1), or the Air Force, if transferred under
subsection (a)(2), if his service has been honorable.
``(c) A transfer under this section may only be made with
the consent of the governor or other appropriate authority of
the State concerned.
``Sec. 12106. Army and Air Force Reserve: transfer to upon
withdrawal as member of National Guard
``(a) An enlisted member of the Army National Guard of the
United States who ceases to be a member of the Army National
Guard becomes a member of the Army Reserve unless he is also
discharged from his enlistment as a Reserve.
``(b) An enlisted member of the Air National Guard of the
United States who ceases to be a member of the Air National
Guard becomes a member of the Air Force Reserve unless he is
also discharged from his enlistment as a Reserve.
``(c) An enlisted member who becomes a member of the Army
Reserve or the Air Force Reserve under this section ceases to
be a member of the Army National Guard of the United States
or the Air National Guard of the United States, as the case
may be.
``Sec. 12107. Army National Guard of United States; Air
National Guard of the United States: enlistment in
``(a) Except as provided in subsection (c), to become an
enlisted member of the Army National Guard of the United
States or the Air National Guard of the United States, a
person must--
``(1) be enlisted in the Army National Guard or the Air
National Guard, as the case may be;
``(2) subscribe to the oath set forth in section 304 of
title 32; and
``(3) be a member of a federally recognized unit or
organization of the Army National Guard or the Air National
Guard, as the case may be, in the grade in which he is to be
enlisted as a Reserve.
``(b)(1) Under regulations to be prescribed by the
Secretary of the Army, a person who enlists in the Army
National Guard, or whose term of enlistment in the Army
National Guard is extended, shall be concurrently enlisted,
or his term of enlistment shall be concurrently extended, as
the case may be, as a Reserve of the Army for service in the
Army National Guard of the United States.
``(2) Under regulations to be prescribed by the Secretary
of the Air Force, a person who enlists in the Air National
Guard, or whose term of enlistment in the Air National Guard
is extended, shall be concurrently enlisted, or his term of
enlistment shall be concurrently extended, as the case may
be, as a Reserve of the Air Force for service in the Air
National Guard of the United States.
``(c)(1) A member of the Army Reserve who enlists in the
Army National Guard in his reserve grade, and is a member of
a federally recognized unit or organization of the Army
National Guard, becomes a member of the Army National Guard
of the United States and ceases to be a member of the Army
Reserve.
``(2) A member of the Air Force Reserve who enlists in the
Air National Guard in his reserve grade, and is a member of a
federally recognized unit or organization of the Air National
Guard, becomes a member of the Air National Guard of the
United States and ceases to be a member of the Air Force
Reserve.''.
(2) Sections 510 (as amended by section 1631(a)), 511, and
512 are transferred to chapter 1203, as added by paragraph
(1), inserted after section 12101, and redesignated as
follows:
Redesignated
Section section
510...........................................................12102
511...........................................................12103
512...........................................................12104
(3) The following sections are repealed: sections 3259,
3260, 3261, 8259, 8260, and 8261.
(c) Appointment of Officers.--(1) Part II of subtitle E, as
added by subsection (a), is further amended by adding after
chapter 1203 (as added by subsection (b)) the following:
``CHAPTER 1205--APPOINTMENT OF RESERVE OFFICERS
``Sec.
``12201. Qualifications for appointment.
``12202. Commissioned officer grades.
``12203. Commissioned officers: appointment, how made; term.
``12204. Commissioned officers: original appointment; limitation.
``12205. Commissioned officers: appointment; educational requirement.
``12206. Commissioned officers: appointment of former commissioned
officers.
``12207. Commissioned officers: service credit upon original
appointment.
``12208. Officers: appointment upon transfer.
``12209. Officer candidates: enlisted Reserves.
``12210. Attending Physician to the Congress: reserve grade while so
serving.
``12211. Officers: Army National Guard of United States.
``12212. Officers: Air National Guard of United States.
``12213. Officers; Army Reserve: transfer from Army National Guard of
United States.
``12214. Officers; Air Force Reserve: transfer from Air National Guard
of United States.
``12215. Commissioned officers: reserve grade of adjutants general and
assistant adjutants general.
``Sec. 12215. Commissioned officers: reserve grade of
adjutants general and assistant adjutants general
``(a) The adjutant general or an assistant adjutant general
of the Army National Guard of a State may, upon being
extended Federal recognition, be appointed as a reserve
officer of the Army as of the date on which he is so
recognized.
``(b) The adjutant general or an assistant adjutant general
of the Air National Guard of a State may be appointed in the
reserve commissioned grade in which Federal recognition in
the Air National Guard is extended to him.''.
(2) Sections 591 (as amended by section 1631(b)), 592, 593
(as amended by section 1632), 594, 596, 596a (as added by
section 1633), 596b (as added by section 1634), and 595 are
transferred (in that order) to chapter 1205, as added by
paragraph (1), inserted after the table of sections, and
redesignated as follows:
Redesignated
Section section
591.........................................................12201
592.........................................................12202
593.........................................................12203
594.........................................................12204
596.........................................................12205
596a (as added by section 1633).............................12206
596b (as added by section 1634).............................12207
595.........................................................12208
(3) Sections 600, 600a, 3351, 8351, 3352 (as amended by
section 1636(a)), and 8352 are transferred (in that order) to
chapter 1205, as added by paragraph (1), inserted after
section 12208, and redesignated as follows:
Redesignated
Section section
600.........................................................12209
600a........................................................12210
3351........................................................12211
8351........................................................12212
3352........................................................12213
8352........................................................12214
(d) Warrant Officers.--(1) Part II of subtitle E, as added
by subsection (a), is further amended by adding after chapter
1205 (as added by subsection (c)) the following:
``CHAPTER 1207--WARRANT OFFICERS
``Sec.
``12241. Warrant officers: grades; appointment, how made; term.
``12242. Warrant officers: promotion.
``12243. Warrant officers: suspension of laws for promotions or
mandatory retirement or separation during war or
emergency.''.
(2) Sections 597, 598, and 599 are transferred to chapter
1207, as added by paragraph (1), inserted after the table of
sections, and redesignated as follows:
Redesignated
Section section
597.........................................................12241
598.........................................................12242
599.........................................................12243
(3) Chapter 34 is amended to read as follows:
``CHAPTER 34--APPOINTMENTS AS RESERVE OFFICERS
``Sec.
``591. Reference to chapters 1205 and 1207.
``Sec. 591. Reference to chapters 1205 and 1207
``Provisions of law relating to appointments of reserve
officers other than warrant officers are set forth in chapter
1205 of this title (beginning with section 12201). Provisions
of law relating to appointments and promotion of reserve
warrant officers are set forth in chapter 1207 (beginning
with section 12241).''.
[[Page 1702]]
(e) Active Duty.--(1) Part II of subtitle E, as added by
subsection (a), is further amended by adding after chapter
1207 (as added by subsection (d)) the following:
``CHAPTER 1209--ACTIVE DUTY
``Sec.
``12301. Reserve components generally.
``12302. Ready Reserve.
``12303. Ready Reserve: members not assigned to, or participating
satisfactorily in, units.
``12304. Selected Reserve: order to active duty other than during war
or national emergency.
``12305. Authority of President to suspend certain laws relating to
promotion, retirement, and separation.
``12306. Standby Reserve.
``12307. Retired Reserve.
``12308. Retention on active duty after becoming qualified for retired
pay.
``12309. Reserve officers: use of in expansion of armed forces.
``12310. Reserves: for organizing, administering, etc., reserve
components.
``12311. Active duty agreements.
``12312. Active duty agreements: release from duty.
``12313. Reserves: release from active duty.
``12314. Reserves: kinds of duty.
``12315. Reserves: duty with or without pay.
``12316. Payment of certain Reserves while on duty.
``12317. Reserves: theological students; limitations.
``12318. Reserves on active duty: duties; funding.
``12319. Ready Reserve: muster duty.
``12320. Reserve officers: grade in which ordered to active duty.
``12321. Reserve Officer Training Corps units: limitation on number of
Reserves assigned.''.
(2) Sections 672 through 673a, section 673b (as amended by
section 511), sections 673c through 687, section 689 (as
amended by section 1625), and section 690 are transferred to
chapter 1209, as added by paragraph (1), inserted after the
table of sections, and redesignated as follows:
Redesignated
Section section
672.........................................................12301
673.........................................................12302
673a........................................................12303
673b........................................................12304
673c........................................................12305
674.........................................................12306
675.........................................................12307
676.........................................................12308
677.........................................................12309
678.........................................................12310
679.........................................................12311
680.........................................................12312
681.........................................................12313
682.........................................................12314
683.........................................................12315
684.........................................................12316
685.........................................................12317
686.........................................................12318
687.........................................................12319
689.........................................................12320
690.........................................................12321
(3) The heading of section 12321 (as so redesignated) is
amended to read as follows:
``Sec. 12321. Reserve Officer Training Corps units:
limitation on number of Reserves assigned''.
(4) Chapter 39 is amended by inserting after section 671b
the following:
``Sec. 672. Reference to chapter 1209
``Provisions of law relating to service of members of
reserve components on active duty are set forth in chapter
1209 of this title (beginning with section 12301).''.
(f) National Guard Members in Federal Service.--(1) Part II
of subtitle E, as added by subsection (a), is further amended
by adding after chapter 1209 (as added by subsection (e)) the
following:
``CHAPTER 1211--NATIONAL GUARD MEMBERS IN FEDERAL SERVICE
``Sec.
``12401. Army and Air National Guard of United States: status.
``12402. Army and Air National Guard of United States: commissioned
officers; duty in National Guard Bureau.
``12403. Army and Air National Guard of United States: members; status
in which ordered into Federal service.
``12404. Army and Air National Guard of United States: mobilization;
maintenance of organization.
``12405. National Guard in Federal service: status.
``12406. National Guard in Federal service: call.
``12407. National Guard in Federal service: period of service;
apportionment.
``12408. National Guard in Federal service: physical examination.
``Sec. 12401. Army and Air National Guard of the United
States: status
``Members of the Army National Guard of the United States
and the Air National Guard of the United States are not in
active Federal service except when ordered thereto under law.
``Sec. 12402. Army and Air National Guard of United States:
commissioned officers; duty in National Guard Bureau
``(a) The President may, with their consent, order
commissioned officers of the Army National Guard of the
United States and the Air National Guard of the United States
to active duty in the National Guard Bureau.
``(b)(1) The number of officers of the Army National Guard
of the United States in grades below brigadier general who
are ordered to active duty in the National Guard Bureau may
not be more than 40 percent of the number of officers of the
Army authorized for duty in that Bureau and, to the extent
practicable, shall not exceed 40 percent of the number of
officers of the Army serving in that Bureau in any grade
below brigadier general.
``(2) The number of officers of the Air National Guard of
the United States in grades below brigadier general who are
ordered to active duty in the National Guard Bureau may not
be more than 40 percent of the number of officers of the Air
Force authorized for duty in that Bureau and, to the extent
practicable, shall not exceed 40 percent of the number of
officers of the Air Force serving in that Bureau in any grade
below brigadier general.
``Sec. 12403. Army and Air National Guard of United States:
members; status in which ordered into Federal service
``Members of the Army National Guard of the United States
ordered to active duty shall be ordered to duty as Reserves
of the Army. Members of the Air National Guard of the United
States ordered to active duty shall be ordered to duty as
Reserves of the Air Force.
``Sec. 12404. Army and Air National Guard of United States:
mobilization; maintenance of organization
``During an initial mobilization, the organization of a
unit of the Army National Guard of the United States or of
the Air National Guard of the United States ordered into
active Federal service shall, so far as practicable, be
maintained as it existed on the date of the order to duty.
``Sec. 12405. National Guard in Federal service: status
``Members of the National Guard called into Federal service
are, from the time when they are required to respond to the
call, subject to the laws and regulations governing the Army
or the Air Force, as the case may be, except those applicable
only to members of the Regular Army or Regular Air Force, as
the case may be.
``Sec. 12406. National Guard in Federal service: call
``Whenever--
``(1) the United States, or any of the Territories,
Commonwealths, or possessions, is invaded or is in danger of
invasion by a foreign nation;
``(2) there is a rebellion or danger of a rebellion against
the authority of the Government of the United States; or
``(3) the President is unable with the regular forces to
execute the laws of the United States;
the President may call into Federal service members and units
of the National Guard of any State in such numbers as he
considers necessary to repel the invasion, suppress the
rebellion, or execute those laws. Orders for these purposes
shall be issued through the governors of the States or, in
the case of the District of Columbia, through the commanding
general of the National Guard of the District of Columbia.
``Sec. 12407. National Guard in Federal service: period of
service; apportionment
``(a) Whenever the President calls the National Guard of a
State into Federal service, he may specify in the call the
period of the service. Members and units called shall serve
inside or outside the territory of the United States during
the term specified, unless sooner relieved by the President.
However, no member of the National Guard may be kept in
Federal service beyond the term of his commission or
enlistment.
``(b) When the National Guard of a State is called into
Federal service with the National Guard of another of those
jurisdictions, the President may apportion the total number
called from the Army National Guard or from the Air National
Guard, as the case may be, on the basis of the populations of
the jurisdictions affected by the call.
``Sec. 12408. National Guard in Federal service: physical
examination
``(a) Under regulations prescribed by the President, each
member of the National Guard called into Federal service
shall be examined as to physical fitness, without further
commission or enlistment.
``(b) Immediately before such a member is mustered out of
Federal service, he shall be examined as to physical fitness.
The record of this examination shall be retained by the
United States.''.
(2) Sections 3495 through 3502 and 8495 through 8502 are
repealed.
(g) Miscellaneous Provisions.--(1) Part II of subtitle E,
as added by subsection (a), is further amended by adding
after chapter 1211 (as added by subsection (f)) the
following:
``CHAPTER 1213--SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES
``Sec.
``12501. Reserve components: detail of members of regular and reserve
components to assist.
``12502. Chief and assistant chief of staff of National Guard divisions
and wings in Federal service: detail.
[[Page 1703]]
``Sec. 12501. Reserve components: detail of members of
regular and reserve components to assist
``The Secretary concerned shall detail such members of the
regular and reserve components under his jurisdiction as are
necessary to effectively develop, train, instruct, and
administer those reserve components.
``Sec. 12502. Chief and assistant chief of staff of National
Guard divisions and wings in Federal service: detail
``(a) The President may detail a regular or reserve officer
of the Army as chief of staff, and a regular or reserve
officer or an officer of the Army National Guard as assistant
to the chief of staff, of any division of the Army National
Guard that is in Federal service as an Army National Guard
organization.
``(b) The President may detail a regular or reserve officer
of the Air Force as chief of staff, and a regular or reserve
officer or an officer of the Air National Guard as assistant
to the chief of staff, of any wing of the Air National Guard
that is in Federal service as an Air National Guard
organization.
``CHAPTER 1215--MISCELLANEOUS PROHIBITIONS AND PENALTIES
``[No present sections]
``CHAPTER 1217--MISCELLANEOUS RIGHTS AND BENEFITS
``Sec.
``12601. Compensation: Reserve on active duty accepting from any
person.
``12602. Members of Army National Guard of United States and Air
National Guard of United States: credit for service as
members of National Guard.
``Sec. 12601. Compensation: Reserve on active duty accepting
from any person
``Any Reserve who, before being ordered to active duty, was
receiving compensation from any person may, while he is on
that duty, receive compensation from that person.
``Sec. 12602. Members of Army National Guard of United States
and Air National Guard of United States: credit for service
as members of National Guard
``(a) For the purposes of laws providing benefits for
members of the Army National Guard of the United States and
their dependents and beneficiaries--
``(1) military training, duty, or other service performed
by a member of the Army National Guard of the United States
in his status as a member of the Army National Guard for
which he is entitled to pay from the United States shall be
considered military training, duty, or other service, as the
case may be, in Federal service as a Reserve of the Army;
``(2) full-time National Guard duty performed by a member
of the Army National Guard of the United States shall be
considered active duty in Federal service as a Reserve of the
Army; and
``(3) inactive-duty training performed by a member of the
Army National Guard of the United States in his status as a
member of the Army National Guard, in accordance with
regulations prescribed under section 502 of title 32 or other
express provision of law, shall be considered inactive-duty
training in Federal service as a Reserve of the Army.
``(b) For the purposes of laws providing benefits for
members of the Air National Guard of the United States and
their dependents and beneficiaries--
``(1) military training, duty, or other service performed
by a member of the Air National Guard of the United States in
his status as a member of the Air National Guard for which he
is entitled to pay from the United States shall be considered
military training, duty, or other service, as the case may
be, in Federal service as a Reserve of the Air Force;
``(2) full-time National Guard duty performed by a member
of the Air National Guard of the United States shall be
considered active duty in Federal service as a Reserve of the
Air Force; and
``(3) inactive-duty training performed by a member of the
Air National Guard of the United States in his status as a
member of the Air National Guard, in accordance with
regulations prescribed under section 502 of title 32 or other
express provision of law, shall be considered inactive-duty
training in Federal service as a Reserve of the Air Force.''.
(2) Sections 715, 1033, 3542, 3686, 8542, and 8686 are
repealed.
(h) Standards and Procedures for Retention and Promotion.--
(1) Part II of subtitle E, as added by subsection (a), is
further amended by adding after chapter 1217 (as added by
subsection (g)) the following:
``CHAPTER 1219--STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION
``Sec.
``12641. Standards and procedures: Secretary to prescribe.
``12642. Standards and qualifications: result of failure to comply
with.
``12643. Boards for appointment, promotion, and certain other purposes:
composition.
``12644. Members physically not qualified for active duty: discharge or
transfer to retired status.
``12645. Commissioned officers: retention until completion of required
service.
``12646. Commissioned officers: retention of after completing 18 or
more, but less than 20, years of service.
``12647. Commissioned officers: retention in active status while
assigned to Selective Service System or serving as United
States property and fiscal officers.''.
(2) Sections 1001, 1002, 266, 1004 (as amended by section
1661(b)(4)), and 1005 through 1007 are transferred (in that
order) to chapter 1219, as added by paragraph (1), inserted
after the table of sections, and redesignated as follows:
Redesignated
Section section
1001........................................................12641
1002........................................................12642
266.........................................................12643
1004........................................................12644
1005........................................................12645
1006........................................................12646
1007........................................................12647
(3) Section 1003 is repealed.
(4)(A) The heading of section 12641 (as so redesignated) is
amended to read as follows:
``Sec. 12641. Standards and procedures: Secretary to
prescribe''.
(B) The heading of section 12644 (as so redesignated) is
amended to read as follows:
``Sec. 12644. Members physically not qualified for active
duty: discharge or transfer to retired status''.
(5) Chapter 51 is amended by striking out the table of
sections at the beginning and inserting in lieu thereof the
following:
``Sec.
``1001. Reference to chapter 1219.
``Sec. 1001. Reference to chapter 1219
``Provisions of law relating to standards and procedures
for retention and promotion of members of reserve components
are set forth in chapter 1219 of this title (beginning with
section 12641).''.
(i) Separation.--(1) Part II of subtitle E, as added by
subsection (a), is further amended by adding after chapter
1219 (as added by subsection (h)) the following:
``CHAPTER 1221--SEPARATION
``Sec.
``12681. Reserves: discharge authority.
``12682. Reserves: discharge upon becoming ordained minister of
religion.
``12683. Reserve officers: limitation on involuntary separation.
``12684. Reserves: separation for absence without authority or sentence
to imprisonment.
``12685. Reserves separated for cause: character of discharge.
``12686. Reserves on active duty within two years of retirement
eligibility: limitation on release from active duty.
``Sec. 12681. Reserves: discharge authority
``Subject to other provisions of this title, reserve
commissioned officers may be discharged at the pleasure of
the President. Other Reserves may be discharged under
regulations prescribed by the Secretary concerned.
``Sec. 12682. Reserves: discharge upon becoming ordained
minister of religion
``Under regulations to be prescribed by the Secretary of
Defense, a Reserve who becomes a regular or ordained minister
of religion is entitled upon his request to a discharge from
his reserve enlistment or appointment.
``Sec. 12683. Reserve officers: limitation on involuntary
separation
``(a) An officer of a reserve component who has at least
five years of service as a commissioned officer may not be
separated from that component without his consent except--
``(1) under an approved recommendation of a board of
officers convened by an authority designated by the Secretary
concerned; or
``(2) by the approved sentence of a court- martial.
``(b) Subsection (a) does not apply--
``(1) to a separation under section 12684, 14901, or 14907
of this title;
``(2) to a dismissal under section 1161(a) of this title;
or
``(3) to a transfer under section 12213, 12214, 14514, or
14515 of this title.
``Sec. 12684. Reserves: separation for absence without
authority or sentence to imprisonment
``The President or the Secretary concerned may drop from
the rolls of the armed force concerned any Reserve--
``(1) who has been absent without authority for at least
three months; or
``(2) who is sentenced to confinement in a Federal or State
penitentiary or correctional institution after having been
found guilty of an offense by a court other than a court-
martial or other military court, and whose sentence has
become final.
``Sec. 12685. Reserves separated for cause: character of
discharge
``A member of a reserve component who is separated for
cause, except under section 12684 of this title, is entitled
to a discharge under honorable conditions unless--
``(1) the member is discharged under conditions other than
honorable under an approved sentence of a court-martial or
under the approved findings of a board of officers convened
by an authority designated by the Secretary concerned; or
``(2) the member consents to a discharge under conditions
other than honorable with a waiver of proceedings of a court-
martial or a board.
``Sec. 12686. Reserves on active duty within two years of
retirement eligibility: limitation on release from active
duty
``Under regulations to be prescribed by the Secretary
concerned, which shall be as uni-
[[Page 1704]]
form as practicable, a member of a reserve component who is
on active duty (other than for training) and is within two
years of becoming eligible for retired pay or retainer pay
under a purely military retirement system, may not be
involuntarily released from that duty before he becomes
eligible for that pay, unless the release is approved by the
Secretary.''.
(2) Sections 1162 and 1163 are repealed.
(j) Retired Pay.--(1) Chapter 67 is transferred to part II
of subtitle E, as added by subsection (a), inserted after
chapter 1221 (as added by subsection (i)), and amended to
read as follows:
``CHAPTER 1223--RETIRED PAY FOR NON-REGULAR SERVICE
``Sec.
``12731. Age and service requirements.
``12731a. Temporary special retirement qualification authority.
``12732. Entitlement to retired pay: computation of years of service.
``12733. Computation of retired pay: computation of years of service.
``12734. Time not creditable toward years of service.
``12735. Inactive status list.
``12736. Service credited for retired pay benefits not excluded for
other benefits.
``12737. Limitation on active duty.
``12738. Limitations on revocation of retired pay.
``12739. Computation of retired pay.
``Sec. 12731. Age and service requirements
``(a) Except as provided in subsection (c), a person is
entitled, upon application, to retired pay computed under
section 12739 of this title, if the person--
``(1) is at least 60 years of age;
``(2) has performed at least 20 years of service computed
under section 12732 of this title;
``(3) performed the last eight years of qualifying service
while a member of any category named in section 12732(a)(1)
of this title, but not while a member of a regular component,
the Fleet Reserve, or the Fleet Marine Corps Reserve; and
``(4) is not entitled, under any other provision of law, to
retired pay from an armed force or retainer pay as a member
of the Fleet Reserve or the Fleet Marine Corps Reserve.
``(b) Application for retired pay under this section must
be made to the Secretary of the military department, or the
Secretary of Transportation, as the case may be, having
jurisdiction at the time of application over the armed force
in which the applicant is serving or last served.
``(c)(1) A person who, before August 16, 1945, was a
Reserve of an armed force, or a member of the Army without
component or other category covered by section 12732(a)(1) of
this title except a regular component, is not eligible for
retired pay under this chapter unless--
``(A) the person performed active duty during World War I
or World War II; or
``(B) the person performed active duty (other than for
training) during the Korean conflict, the Berlin crisis, or
the Vietnam era.
``(2) In this subsection:
``(A) The term `World War I' means the period beginning on
April 6, 1917, and ending on November 11, 1918.
``(B) The term `World War II' means the period beginning on
September 9, 1940, and ending on December 31, 1946.
``(C) The term `Korean conflict' means the period beginning
on June 27, 1950, and ending on July 27, 1953.
``(D) The term `Berlin crisis' means the period beginning
on August 14, 1961, and ending on May 30, 1963.
``(E) The term `Vietnam era' means the period beginning on
August 5, 1964, and ending on March 27, 1973.
``(d) The Secretary concerned shall notify each person who
has completed the years of service required for eligibility
for retired pay under this chapter. The notice shall be sent,
in writing, to the person concerned within one year after the
person completes that service. The notice shall include
notice of the elections available to such person under the
Survivor Benefit Plan established under subchapter II of
chapter 73 of this title and the Supplemental Survivor
Benefit Plan established under subchapter III of that
chapter, and the effects of such elections.
``(e) Notwithstanding section 8301 of title 5, the date of
entitlement to retired pay under this section shall be the
date on which the requirements of subsection (a) have been
completed.
``(f) In the case of a person who completes the service
requirements of subsection (a)(2) during the period beginning
on the date of the enactment of this subsection and ending on
September 30, 1999, the provisions of subsection (a)(3) shall
be applied by substituting `the last six years' for `the last
eight years'.
``Sec. 12731a. Temporary special retirement qualification
authority
``(a) Retirement With At Least 15 Years of Service.--For
the purposes of section 12731 of this title, the Secretary
concerned may--
``(1) during the period described in subsection (b),
determine to treat a member of the Selected Reserve of a
reserve component of the armed force under the jurisdiction
of that Secretary as having met the service requirements of
subsection (a)(2) of that section and provide the member with
the notification required by subsection (d) of that section
if the member--
``(A) as of October 1, 1991, has completed at least 15, and
less than 20, years of service computed under section 12732
of this title; or
``(B) after that date and before October 1, 1999, completes
15 years of service computed under that section; and
``(2) upon the request of the member submitted to the
Secretary, transfer the member to the Retired Reserve.
``(b) Period of Authority.--The period referred to in
subsection (a)(1) is the period beginning on October 23,
1992, and ending on October 1, 1999.
``(c) Applicability Subject to Needs of the Service.--(1)
The Secretary concerned may limit the applicability of
subsection (a) to any category of personnel defined by the
Secretary in order to meet a need of the armed force under
the jurisdiction of the Secretary to reduce the number of
members in certain grades, the number of members who have
completed a certain number of years of service, or the number
of members who possess certain military skills or are serving
in designated competitive categories.
``(2) A limitation under paragraph (1) shall be consistent
with the purpose set forth in section 4414(a) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 106 Stat. 2713).
``(3) Notwithstanding the provisions of section 4415(2) of
the Defense Conversion Reinvestment, and Transition
Assistance Act of 1992 (division D of Public Law 102-484; 106
Stat. 2714), the Secretary concerned may, consistent with the
other provisions of this section, provide the notification
required by section 12731(d) of this title to a member who no
longer meets the qualifications for membership in the
Selected Reserve solely because the member is unfit because
of physical disability. Such notification may not be made if
the disability is the result of the member's intentional
misconduct, willful neglect, or willful failure to comply
with standards and qualifications for retention established
by the Secretary concerned or was incurred during a period of
unauthorized absence.
``(d) Exclusion.--This section does not apply to persons
referred to in section 12731(c) of this title.
``(e) Regulations.--The authority provided in this section
shall be subject to regulations prescribed by the Secretary
of Defense and by the Secretary of Transportation with
respect to the Coast Guard.
``Sec. 12732. Entitlement to retired pay: computation of
years of service
``(a) Except as provided in subsection (b), for the purpose
of determining whether a person is entitled to retired pay
under section 12731 of this title, the person's years of
service are computed by adding the following:
``(1) The person's years of service, before July 1, 1949,
in the following:
``(A) The armed forces.
``(B) The federally recognized National Guard before June
15, 1933.
``(C) A federally recognized status in the National Guard
before June 15, 1933.
``(D) The National Guard after June 14, 1933, if his
service therein was continuous from the date of his
enlistment in the National Guard, or his Federal recognition
as an officer therein, to the date of his enlistment or
appointment, as the case may be, in the National Guard of the
United States, the Army National Guard of the United States,
or the Air National Guard of the United States.
``(E) The Naval Reserve Force.
``(F) The Naval Militia that conformed to the standards
prescribed by the Secretary of the Navy.
``(G) The National Naval Volunteers.
``(H) The Army Nurse Corps, the Navy Nurse Corps, the Nurse
Corps Reserve of the Army, or the Nurse Corps Reserve of the
Navy, as it existed at any time after February 2, 1901.
``(I) The Army under an appointment under the Act of
December 22, 1942 (ch. 805, 56 Stat. 1072).
``(J) An active full-time status, except as a student or
apprentice, with the Medical Department of the Army as a
civilian employee--
``(i) in the dietetic or physical therapy categories, if
the service was performed after April 6, 1917, and before
April 1, 1943; or
``(ii) in the occupational therapy category, if the service
was performed before appointment in the Army Nurse Corps or
the Women's Medical Specialist Corps and before January 1,
1949, or before appointment in the Air Force before January
1, 1949, with a view to designation as an Air Force nurse or
medical specialist.
``(2) Each one-year period, after July 1, 1949, in which
the person has been credited with at least 50 points on the
following basis:
``(A) One point for each day of--
``(i) active service; or
``(ii) full-time service under sections 316, 502, 503, 504,
and 505 of title 32 while performing annual training duty or
while attending a prescribed course of instruction at a
school designated as a service school by law or by the
Secretary concerned;
if that service conformed to required standards and
qualifications.
``(B) One point for each attendance at a drill or period of
equivalent instruction that was prescribed for that year by
the Secretary concerned and conformed to the requirements
prescribed by law, including attendance under section 502 of
title 32.
``(C) Points at the rate of 15 a year for membership--
``(i) in a reserve component of an armed force,
[[Page 1705]]
``(ii) in the Army or the Air Force without component, or
``(iii) in any other category covered by subsection (a)(1)
except a regular component.
For the purpose of clauses (A), (B), and (C), service in the
National Guard shall be treated as if it were service in a
reserve component, if the person concerned was later
appointed in the National Guard of the United States, the
Army National Guard of the United States, the Air National
Guard of the United States, or as a Reserve of the Army or
the Air Force, and served continuously in the National Guard
from the date of his Federal recognition to the date of that
appointment.
``(3) The person's years of active service in the
Commissioned Corps of the Public Health Service.
``(4) The person's years of active commissioned service in
the National Oceanic and Atmospheric Administration
(including active commissioned service in the Environmental
Science Services Administration and in the Coast and Geodetic
Survey).
``(b) The following service may not be counted under
subsection (a):
``(1) Service (other than active service) in an inactive
section of the Organized Reserve Corps or of the Army
Reserve, or in an inactive section of the officers' section
of the Air Force Reserve.
``(2) Service (other than active service) after June 30,
1949, while on the Honorary Retired List of the Naval Reserve
or of the Marine Corps Reserve.
``(3) Service in the inactive National Guard.
``(4) Service in a non-federally recognized status in the
National Guard.
``(5) Service in the Fleet Reserve or the Fleet Marine
Corps Reserve.
``(6) Service as an inactive Reserve nurse of the Army
Nurse Corps established by the Act of February 2, 1901 (ch.
192, 31 Stat. 753), as amended, and service before July 1,
1938, as an inactive Reserve nurse of the Navy Nurse Corps
established by the Act of May 13, 1908 (ch. 166, 35 Stat.
146).
``(7) Service in any status other than that as commissioned
officer, warrant officer, nurse, flight officer, aviation
midshipman, appointed aviation cadet, or enlisted member, and
that described in clauses (I) and (J) of subsection (a)(1).
``Sec. 12733. Computation of retired pay: computation of
years of service
``For the purpose of computing the retired pay of a person
under this chapter, the person's years of service and any
fraction of such a year are computed by dividing 360 into the
sum of the following:
``(1) The person's days of active service.
``(2) The person's days of full-time service under sections
316, 502, 503, 504, and 505 of title 32 while performing
annual training duty or while attending a prescribed course
of instruction at a school designated as a service school by
law or by the Secretary concerned.
``(3) One day for each point credited to the person under
clause (B) or (C) of section 12732(a)(2) of this title, but
not more than 60 days in any one year.
``(4) 50 days for each year before July 1, 1949, and
proportionately for each fraction of a year, of service
(other than active service) in a reserve component of an
armed force, in the Army or the Air Force without component,
or in any other category covered by section 12732(a)(1) of
this title, except a regular component.
``Sec. 12734. Time not creditable toward years of service
``(a) Service in an inactive status may not be counted in
any computation of years of service under this chapter.
``(b) Time spent after retirement (without pay) for failure
to conform to standards and qualifications prescribed under
section 12641 of this title may not be credited in a
computation of years of service under this chapter.
``Sec. 12735. Inactive status list
``(a) A member who would be eligible for retired pay under
this chapter but for the fact that that member is under 60
years of age may be transferred, at his request and by
direction of the Secretary concerned, to such inactive status
list as may be established for members of his armed force,
other than members of a regular component.
``(b) While on an inactive status list under subsection
(a), a member is not required to participate in any training
or other program prescribed for his component.
``(c) The Secretary may at any time recall to active status
a member who is on an inactive status list under subsection
(a).
``Sec. 12736. Service credited for retired pay benefits not
excluded for other benefits
``No period of service included wholly or partly in
determining a person's right to, or the amount of, retired
pay under this chapter may be excluded in determining his
eligibility for any annuity, pension, or old-age benefit,
under any other law, on account of civilian employment by the
United States or otherwise, or in determining the amount
payable under that law, if that service is otherwise properly
credited under it.
``Sec. 12737. Limitation on active duty
``A member of the armed forces may not be ordered to active
duty solely for the purpose of qualifying the member for
retired pay under this chapter.
``Sec. 12738. Limitations on revocation of retired pay
``(a) After a person is granted retired pay under this
chapter, or is notified in accordance with section 12731(d)
of this title that the person has completed the years of
service required for eligibility for retired pay under this
chapter, the person's eligibility for retired pay may not be
denied or revoked on the basis of any error, miscalculation,
misinformation, or administrative determination of years of
service performed as required by section 12731(a)(2) of this
title, unless it resulted directly from the fraud or
misrepresentation of the person.
``(b) The number of years of creditable service upon which
retired pay is computed may be adjusted to correct any error,
miscalculation, misinformation, or administrative
determination and when such a correction is made the person
is entitled to retired pay in accordance with the number of
years of creditable service, as corrected, from the date the
person is granted retired pay.
``Sec. 12739. Computation of retired pay
``(a) The monthly retired pay of a person entitled to that
pay under this chapter is the product of--
``(1) the retired pay base for that person as computed
under section 1406(b)(2) or 1407 of this title; and
``(2) 2\1/2\ percent of the years of service credited to
that person under section 12733 of this title.
``(b) The amount computed under subsection (a) may not
exceed 75 percent of the retired pay base upon which the
computation is based.
``(c) Amounts computed under this section, if not a
multiple of $1, shall be rounded down to the next lower
multiple of $1.''.
(2) Section 1401(a) is amended by striking out formula
number 3 in the table set forth in that section.
(3) Section 1405(a)(3) is amended by striking out ``section
1333'' and ``section 1331'' and inserting in lieu thereof
``section 12733'' and ``section 12731'', respectively.
(4) Section 1406(b) is amended--
(A) by striking out the matter preceding the table and
inserting in lieu thereof the following:
``(b) Retirement Under Subtitle A or E.--
``(1) Disability, warrant officer, and dopma retirement.--
In the case of a person whose retired pay is computed under
this subtitle, the retired pay base is determined in
accordance with the following table.'';
(B) in the table--
(i) by striking out the entry relating to section 1331
(including the matter relating to that entry in the column
under the heading ``The retired pay base is:''); and
(ii) by redesignating the references to footnotes 3 and 4
so as to refer to footnotes 2 and 3, respectively;
(C) by striking out footnote 2 to the table and
redesignating footnotes 3 and 4 as footnotes 2 and 3,
respectively; and
(D) by adding at the end the following:
``(2) Non-regular service retirement.--In the case of a
person who is entitled to retired pay under section 12731 of
this title, the retired pay base is the monthly basic pay,
determined at the rates applicable on the date when retired
pay is granted, of the highest grade held satisfactorily by
the person at any time in the armed forces. For purposes of
the preceding sentence, the highest grade in which a person
served satisfactorily as an officer shall be determined in
accordance with section 1370(d) of this title.''.
(5) Section 1407 is amended--
(A) in subsection (c)(2)(B), by striking out ``chapter 67''
and inserting in lieu thereof ``chapter 1223''; and
(B) in subsection (f)(2)--
(i) by striking out ``Chapter 67'' in the heading and
inserting in lieu thereof ``Chapter 1223''; and
(ii) by striking out ``section 1331'' and inserting in lieu
thereof ``section 12731''.
(6) Section 1409(a)(1)(B) is amended by striking out
``chapter 67'' and inserting in lieu thereof ``chapter
1223''.
(7) Part II of subtitle A is amended by inserting after
chapter 65 the following:
``CHAPTER 67--RETIRED PAY FOR NONREGULAR SERVICE
``Sec.
``1331. Reference to chapter 1223.
``Sec. 1331. Reference to chapter 1223
``Provisions of law relating to retired pay for nonregular
service are set forth in chapter 1223 of this title
(beginning with section 12731).''.
(8) Section 6034 is repealed.
(k) Retired Grade.--(1) Part II of subtitle E, as added by
subsection (a), is further amended by adding after chapter
1223 (as added by subsection (j)) the following:
``CHAPTER 1225--RETIRED GRADE
``Sec.
``12771. Reserve officers: grade on transfer to Retired Reserve.
``12772. Reserve commissioned officers who have served as Attending
Physician to the Congress: grade on transfer to Retired
Reserve.
``12773. Limitation on accrual of increased pay or benefits.
``12774. Retired lists.
``Sec. 12771. Reserve officers: grade on transfer to Retired
Reserve
``Unless entitled to a higher grade under another provision
of law, a reserve commissioned officer, other than a
commissioned warrant officer, who is transferred to the
Retired Reserve is entitled to be placed on the retired list
established by section 12774(a) of this title in the highest
grade in which he served satisfactorily, as determined by the
Secretary concerned and in accordance with section 1370(d),
in the armed force in which he is serving on the date of
transfer.
[[Page 1706]]
``Sec. 12772. Reserve commissioned officers who have served
as Attending Physician to the Congress: grade on transfer
to Retired Reserve
``Unless entitled to a higher grade under another provision
of law, a reserve commissioned officer who is transferred to
the Retired Reserve after having served in the position of
Attending Physician to the Congress is entitled to be placed
on the retired list established by section 12774(a) of this
title in the grade held by the officer while serving in that
position.
``Sec. 12773. Limitation on accrual of increased pay or
benefits
``Unless otherwise provided by law, no person is entitled
to increased pay or other benefits because of sections 12771
and 12772 of this title.
``Sec. 12774. Retired lists
``(a) Under regulations prescribed by the Secretary
concerned, there shall be maintained retired lists containing
the names of the Reserves of the armed forces under the
Secretary's jurisdiction who are in the Retired Reserve.
``(b) The Secretary of the Navy shall maintain a United
States Naval Reserve Retired List containing the names of
members of the Naval Reserve and the Marine Corps Reserve
entitled to retired pay.''.
(2) Sections 1374 and 6017 are repealed.
(3)(A) Section 1376 is amended--
(i) by striking out subsection (a); and
(ii) by striking out ``(b)'' before ``The Secretary
concerned''.
(B) The heading of that section is amended to read as
follows:
``Sec. 1376. Temporary disability retired lists''.
SEC. 1663. LAWS RELATING TO RESERVE COMPONENT TRAINING AND
EDUCATIONAL ASSISTANCE PROGRAMS.
(a) Training Generally.--Subtitle E, as added by section
1611, is amended by adding after part III of such subtitle
(as added by that section) the following:
``PART IV--TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL ASSISTANCE
PROGRAMS
``Chap. Sec.
``1601. Training Generally..................................[No present
sections]
``1606. Educational Assistance for Members of the Selected Res16131....
``1608. Health Professions Stipend Program....................16201....
``1609. Education Loan Repayments.............................16301....
``CHAPTER 1601--TRAINING GENERALLY
``[No present sections]''.
(b) Montgomery GI Bill for Selected Reserve.--(1) Part IV
of subtitle E (as added by subsection (a)) is amended by
adding at the end the following:
``CHAPTER 1606--EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED
RESERVE
``Sec.
``16131. Educational assistance program: establishment; amount.
``16132. Eligibility for educational assistance.
``16133. Time limitations for use of entitlement.
``16134. Termination of assistance.
``16135. Failure to participate satisfactorily; penalties.
``16136. Administration of program.
``16137. Reports to Congress.''.
(2) Sections 2131 through 2137 are transferred to chapter
1606, as added by paragraph (1), inserted after the table of
sections, and redesignated as follows:
Redesignated
Section section
2131........................................................16131
2132........................................................16132
2133........................................................16133
2134........................................................16134
2135........................................................16135
2136........................................................16136
2137........................................................16137
(3) Section 16131 (as so redesignated) is amended--
(A) in subsection (c)(3)(B)(i), by striking out ``section
672 (a), (d), or (g), 673, or 673b'' and inserting in lieu
thereof ``section 12301(a), 12301(d), 12301(g), 12302, or
12304''; and
(B) in subsection (g)(1), by striking out ``section
2136(c)'' and inserting in lieu thereof ``section 16136(c)''.
(4) Section 16132 (as so redesignated) is amended--
(A) in subsection (a), by striking out ``section 2131'' and
inserting in lieu thereof ``section 16131''; and
(B) in subsection (c), by striking out ``sections 2134 and
2135'' and inserting in lieu thereof ``section 16134 and
16135''.
(5) Section 16133 (as so redesignated) is amended--
(A) in subsection (b)(1)(B), by striking out ``section
268(b)'' and inserting in lieu thereof ``section 10143(a)'';
and
(B) in subsection (b)(4)(A), by striking out ``section 672
(a), (d), or (g), 673, or 673b'' and inserting in lieu
thereof ``section 12301(a), 12301(d), 12301(g), 12302, or
12304''.
(6) Section 16135 (as so redesignated) is amended--
(A) by striking out ``section 2132'' in subsection
(a)(1)(A) and inserting in lieu thereof ``section 16132'';
and
(B) by striking out ``section 2132(a)'' in subsection
(b)(1)(A) and inserting in lieu thereof ``section 16132(a)''.
(7) Chapter 106 is amended by striking out the table of
sections at the beginning and inserting in lieu thereof the
following:
``Sec.
``2131. Reference to chapter 1606.
``2138. Savings provision.
``Sec. 2131. Reference to chapter 1606
``Provisions of law relating to educational assistance for
members of the Selected Reserve under the Montgomery GI Bill
program are set forth in chapter 1606 of this title
(beginning with section 16131).''.
(c) Health Professions Stipend Program.--(1) Part IV of
subtitle E (as added by subsection (a)) is amended by adding
after chapter 1606 (as added by subsection (b)) the
following:
``CHAPTER 1608--HEALTH PROFESSIONS STIPEND PROGRAM
``Sec.
``16201. Financial assistance: health-care professionals in reserve
components.
``16202. Reserve service: required active duty for training.
``16203. Penalties and limitations.
``16204. Regulations.
``Sec. 16204. Regulations
``This chapter shall be administered under regulations
prescribed by the Secretary of Defense.''.
(2) Section 2128 is transferred to chapter 1608, as added
by paragraph (1), inserted after the table of sections,
redesignated as section 16201, and amended by striking out
subsection (f).
(3) Section 2129 is transferred to chapter 1608, as added
by paragraph (1), inserted after section 16201 (as
transferred and redesignated by paragraph (2)), and
redesignated as section 16202.
(4)(A) Section 2130 is transferred to chapter 1608, as
added by paragraph (1), inserted after section 16202 (as
transferred and redesignated by paragraph (3)), redesignated
as section 16203, and amended by striking out subsection (c).
(B) The heading of that section is amended to read as
follows:
``Sec. 16203. Penalties and limitations''.
(5) Section 16201, as so redesignated, is amended by
striking out ``subchapter'' each place it appears and
inserting in lieu thereof ``chapter''.
(6) Section 16202, as so redesignated, is amended by
striking out ``section 2128'' both places it appears and
inserting in lieu thereof ``section 16201''.
(7) Chapter 105 is amended--
(A) in the table of subchapters before subchapter I--
(i) by striking out the item relating to subchapter II; and
(ii) by redesignating the item relating to subchapter III
so as to refer to subchapter II;
(B) by striking out the heading for subchapter II and the
table of sections following that heading; and
(C) by redesignating subchapter III as subchapter II.
(d) Education Loan Repayment Programs.--(1) Part IV of
subtitle E (as added by subsection (a)) is amended by adding
after chapter 1608 (as added by subsection (c) the following:
``CHAPTER 1609--EDUCATION LOAN REPAYMENT PROGRAMS
``Sec.
``16301. Education loan repayment program: enlisted members of Selected
Reserve with critical specialties.
``16302. Education loan repayment program: health professions officers
serving in Selected Reserve with wartime critical medical
skill shortages.
``Sec. 16301. Education loan repayment program: enlisted
members of Selected Reserve with critical specialties
``(a)(1) Subject to the provisions of this section, the
Secretary of Defense may repay--
``(A) any loan made, insured, or guaranteed under part B of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1071
et seq.); or
``(B) any loan made under part E of such title (20 U.S.C.
1087aa et seq.).
Repayment of any such loan shall be made on the basis of each
complete year of service performed by the borrower.
``(2) The Secretary may repay loans described in paragraph
(1) in the case of any person for service performed as an
enlisted member of the Selected Reserve of the Ready Reserve
of an armed force in a reserve component and military
specialty specified by the Secretary of Defense. The
Secretary may repay such a loan only if the person to whom
the loan was made performed such service after the loan was
made.
``(b) The portion or amount of a loan that may be repaid
under subsection (a) is 15 percent or $500, whichever is
greater, for each year of service.
``(c) If a portion of a loan is repaid under this section
for any year, interest on the remainder of the loan shall
accrue and be paid in the same manner as is otherwise
required.
``(d) Nothing in this section shall be construed to
authorize refunding any repayment of a loan.
``(e) A person who transfers from service making the person
eligible for repayment of loans under this section (as
described in subsection (a)(2)) to service making the person
eligible for repayment of loans under section 2171 of this
title (as described in subsection (a)(2) of that section)
during a year shall be eligible to have repaid a portion of
such loan determined by giving appropriate fractional credit
for each portion of the year so served, in accordance with
regulations of the Secretary concerned.
[[Page 1707']]
``(f) The Secretary of Defense shall, by regulation,
prescribe a schedule for the allocation of funds made
available to carry out the provisions of this section and
section 2171 of this title during any year for which funds
are not sufficient to pay the sum of the amounts eligible for
repayment under subsection (a) and section 2171(a) of this
title.''.
(2)(A) Section 2172 is transferred to the end of chapter
1609, as added by paragraph (1), and redesignated as section
16302.
(B) The heading of such section is amended to read as
follows:
``Sec. 16302. Education loan repayment program: health
professions officers serving in Selected Reserve with
wartime critical medical skill shortages''.
(e) Conforming Amendments.--Section 2171 is amended as
follows:
(1) Subsection (a)(1)(B) is amended by striking out ``or''
after ``(B)''.
(2) Subsection (a)(2) is amended--
(A) in the first sentence, by striking out ``person for--''
and all that follows through ``(B) service performed'' and
inserting in lieu thereof ``person for service performed'';
and
(B) by striking out the second sentence.
(3) Subsection (b) is amended to read as follows:
``(b) The portion or amount of a loan that may be repaid
under subsection (a) is 33\1/3\ percent or $1,500, whichever
is greater, for each year of service.''.
(4) Subsection (e) is amended by striking out ``Any
individual who transfers from service described in clause (A)
or (B) of subsection (a)(2) to service described in the other
clause of such subsection'' and inserting in lieu thereof ``A
person who transfers from service making the person eligible
for repayment of loans under this section (as described in
subsection (a)(2)) to service making the person eligible for
repayment of loans under section 16301 of this title (as
described in subsection (a)(2) of that section)''.
(5) Subsection (f) is amended--
(A) by inserting ``and section 16301 of this title'' after
``this section''; and
(B) by inserting ``and section 16301(a) of this title''
after ``subsection (a)''.
(6) The heading of such section is amended to read as
follows:
``Sec. 2171. Education loan repayment program: enlisted
members on active duty in specified military specialties''.
SEC. 1664. LAWS RELATING TO RESERVE COMPONENT PROCUREMENT AND
EQUIPMENT.
(a) Addition of New Part.--(1) Subtitle E, as added by
section 1611, is amended by adding after part IV of such
subtitle (as added by section 1663) the following:
``PART V--SERVICE, SUPPLY, AND PROCUREMENT
``Chap. Sec.
``1801. Issue of Serviceable Material to Reserve Components.[No present
sections]
``1803. Facilities for Reserve Components.....................18231....
``1805. Miscellaneous Provisions..............................18501....
``CHAPTER 1801--ISSUE OF SERVICEABLE MATERIAL TO RESERVE COMPONENTS
``[No present sections]''.
(b) Facilities for Reserve Components.--(1) Chapter 133 is
transferred to the end of part V of subtitle E, as added by
subsection (a), and redesignated as chapter 1803.
(2) The sections of that chapter are redesignated as
follows:
Redesignated
Section section
2231.......................................................18231
2232.......................................................18232
2233.......................................................18233
2233a......................................................18233a
2234.......................................................18234
2235.......................................................18235
2236.......................................................18236
2237.......................................................18237
2238.......................................................18238
2239.......................................................18239
(3) The items in the table of sections at the beginning of
such chapter are revised to reflect the redesignations made
by paragraph (2).
(4) Section 18233 (as redesignated by paragraph (2)) is
amended by striking out ``sections 2233a, 2234, 2235, 2236,
and 2238'' in subsection (a) and inserting in lieu thereof
``sections 18233a, 18234, 18235, 18236, and 18238''.
(5) Section 18233a (as redesignated by paragraph (2)) is
amended--
(A) in subsection (a), by striking out ``section 2233'' and
inserting in lieu thereof ``section 18233''; and
(B) in subsection (b), by striking out ``section 2233(a)''
and inserting in lieu thereof ``section 18233(a)''.
(6) Section 18234 (as redesignated by paragraph (2)) is
amended by striking out ``section 2233'' and inserting in
lieu thereof ``section 18233''.
(7) Section 18235 (as redesignated by paragraph (2)) is
amended by striking out ``section 2233(a)(1)'' in subsection
(a)(1) and inserting in lieu thereof ``section 18233''.
(8) Section 18236 (as redesignated by paragraph (2)) is
amended--
(A) in subsection (a)--
(i) by striking out ``section 2233'' in the first sentence
and inserting in lieu thereof ``section 18233''; and
(ii) by striking out ``section 2233(a)(3) or (4)'' in the
second sentence and inserting in lieu thereof ``paragraph (3)
or (4) of section 18233(a)'';
(B) in subsection (b)--
(i) by striking out ``clause (4) or (5) of section
2233(a)'' in the matter preceding paragraph (1) and inserting
in lieu thereof ``paragraph (4) or (5) of section 18233(a)'';
and
(ii) by striking out ``section 2233(e)'' in paragraph (2)
and inserting in lieu thereof ``section 18233(e)''; and
(C) in subsection (c), by striking out ``section 2233'' and
inserting in lieu thereof ``section 18233''.
(9) Section 18237 (as redesignated by paragraph (2)) is
amended--
(A) in subsection (a), by striking out ``section
2233(a)(2), (3) and (4)'' and inserting in lieu thereof
``paragraph (2), (3), or (4) of section 18233(a)''; and
(B) in subsection (b), by striking out ``section
2233(a)(2), (3) or (4)'' and inserting in lieu thereof
``paragraph (2), (3), or (4) of section 18233(a)''.
(10) Section 18239 (as redesignated by paragraph (2)) is
amended by striking out ``section 2233'' both places it
appears and inserting in lieu thereof ``section 18233''.
(11) Part IV of subtitle A is amended by inserting after
chapter 131 the following:
``CHAPTER 133--FACILITIES FOR RESERVE COMPONENTS
``Sec.
``2231. Reference to chapter 1803.
``Sec. 2231. Reference to chapter 1803
``Provisions of law relating to facilities for reserve
components are set forth in chapter 1803 of this title
(beginning with section 18231).''.
(c) Miscellaneous Provisions.--(1) Part V of subtitle E, as
added by subsection (a), is amended by adding after chapter
1803, as transferred by subsection (b), the following:
``CHAPTER 1805--MISCELLANEOUS PROVISIONS
``Sec.
``18501. Reserve components: personnel and logistic support by military
departments.
``18502. Reserve components: supplies, services, and facilities.
``Sec. 18501. Reserve components: personnel and logistic
support by military departments
``The Secretary concerned is responsible for providing the
personnel, equipment, facilities, and other general logistic
support necessary to enable units and Reserves in the Ready
Reserve of the reserve components under his jurisdiction to
satisfy the training requirements and mobilization readiness
requirements for those units and Reserves as recommended by
the Secretary concerned and by the Chairman of the Joint
Chiefs of Staff and approved by the Secretary of Defense, and
as recommended by the Commandant of the Coast Guard and
approved by the Secretary of Transportation when the Coast
Guard is not operated as a service of the Navy.
``Sec. 18502. Reserve components: supplies, services, and
facilities
``(a) The Secretary concerned shall make available to the
reserve components under his jurisdiction the supplies,
services, and facilities of the armed forces under his
jurisdiction that he considers necessary to support and
develop those components.
``(b) Whenever he finds it to be in the best interest of
the United States, the Secretary concerned may issue supplies
of the armed forces under his jurisdiction to the reserve
components under his jurisdiction, without charge to the
appropriations for those components for the cost or value of
the supplies or for any related expense.
``(c) Whenever he finds it to be in the best interest of
the United States, the Secretary of the Army or the Secretary
of the Air Force may issue to the Army National Guard or the
Air National Guard, as the case may be, supplies of the armed
forces under his jurisdiction that are in addition to
supplies issued to that National Guard under section 702 of
title 32 or charged against its appropriations under section
106 or 107 of title 32, without charge to the appropriations
for those components for the cost or value of the supplies or
for any related expense.
``(d) Supplies issued under subsection (b) or (c) may be
repossessed or redistributed as prescribed by the Secretary
concerned.''.
(2) Section 2540 is repealed.
SEC. 1665. LEGISLATIVE CONSTRUCTION.
(a) References to Transferred or Replaced Provisions.--A
reference to a provision of title 10, United States Code,
transferred or replaced by the provisions of sections 1661
through 1664 (including a reference in a regulation, order,
or other law) shall be treated as referring to that provision
as transferred or to the corresponding provision as so
enacted by this subtitle.
(b) Savings Provision for Regulations.--A regulation, rule,
or order in effect under a provision of title 10, United
States Code, replaced by a provision of that title enacted by
sections 1661 through 1664 shall continue in effect under the
corresponding provision so enacted until repealed, amended,
or superseded.
(c) General Savings Provision.--An action taken, or a right
that matured, under a provision of title 10, United States
Code, replaced by a provision of that title enacted by
sections 1661 through 1664 shall be treated as having been
taken, or having matured, under the corresponding provision
so enacted.
Subtitle D--Technical and Clerical Amendments
SEC. 1671. AMENDMENTS TO SUBTITLE A OF TITLE 10, UNITED
STATES CODE.
(a) Table of Subtitles.--The table of subtitles preceding
subtitle A is amended by adding at the end the following new
item:
``E. Reserve Components....................................10001''.....
(b) Tables of Sections.--
[[Page 1708]]
(1) The table of sections at the beginning of chapter 2 is
amended by striking out the item relating to section 115b.
(2) The table of sections at the beginning of chapter 3 is
amended by striking out the item relating to section 123 and
inserting in lieu thereof the following:
``123. Authority to suspend officer personnel laws during war or
national emergency.''.
(3) The table of sections at the beginning of chapter 31 is
amended by striking out the items relating to sections 510,
511, 512, and 517.
(4) The table of sections at the beginning of chapter 32 is
amended--
(A) by striking out the item relating to section 524; and
(B) by striking out ``524,'' in the item relating to
section 527.
(5) The table of sections at the beginning of subchapter V
of chapter 36 is amended by striking out the item relating to
section 644.
(6) The table of sections at the beginning of chapter 37 is
amended by striking out the item relating to section 652.
(7) The table of sections at the beginning of chapter 39 is
amended--
(A) by striking out the item relating to section 672 and
inserting in lieu thereof the following:
``672. Reference to chapter 1209.'';
and
(B) by striking out the items relating to section 673
through 686 and section 689.
(8) The table of sections at the beginning of chapter 41 is
amended by striking out the item relating to section 715.
(9) The table of sections at the beginning of chapter 53 is
amended by striking out the item relating to section 1033.
(10) The table of sections at the beginning of chapter 59
is amended by striking out the items relating to sections
1162 and 1163.
(11) The table of sections at the beginning of chapter 69
is amended--
(A) by striking out the item relating to section 1374; and
(B) by striking out the item relating to section 1376 and
inserting in lieu thereof the following:
``1376. Temporary disability retired lists.''.
(12) The table of sections at the beginning of chapter 101
is amended by striking out the item relating to section 2001.
(13) The table of sections at the beginning of chapter 109
is amended by striking out the items relating to sections
2171 and 2172 and inserting in lieu thereof the following:
``2171. Education loan repayment program: enlisted members on active
duty in specified military specialties.''.
(14) The table of sections at the beginning of subchapter I
of chapter 152 is amended by striking out the item relating
to section 2540.
(c) Cross-Reference Amendments--
(1) Section 101(a)(13) is amended by striking out ``672(a),
673, 673b, 673c, 688, 3500, or 8500'' and inserting in lieu
thereof ``688, 12301(a), 12302, 12304, 12305, or 12406''.
(2) Section 113(c)(3) is amended by striking out ``chapters
51, 337, 361, 363, 549, 573, 837, 861, and 863 of this title,
as far as they apply to reserve officers'' and inserting in
lieu thereof ``chapters 1219 and 1401 through 1411 of this
title ''.
(3) Section 523(b)(1) is amended--
(A) in subparagraph (B), by striking out ``section 265''
and all that follows through ``of this title'' and inserting
in lieu thereof ``section 10211, 10302 through 10305, or
12402 of this title'';
(B) in subparagraph (C), by striking out ``section 672(d)''
and inserting in lieu thereof ``section 12301(d)''; and
(C) in subparagraph (E), by striking out ``section 673b''
and inserting in lieu thereof ``section 12304''.
(4) Section 527 is amended by striking out ``524,'' in the
text and in the heading.
(5) Section 641(1) is amended--
(A) in subparagraph (B), by striking out ``section 175''
and all that follows through ``of this title'' and inserting
in lieu thereof ``section 3038, 8038, 10211, 10301 through
10305, 10501, or 12402 of this title'';
(B) in subparagraph (C), by striking out ``section 672(d)''
and inserting in lieu thereof ``section 12301(d)''; and
(C) in subparagraph (E), by striking out ``section 673b''
and inserting in lieu thereof ``section 12304''.
(6) Sections 1201, 1202, and 1203 are each amended by
striking out ``section 270(b)'' and inserting in lieu thereof
``section 10148(a)''.
(7)(A) Section 1076(b)(2)(A) is amended by striking out
``under chapter 67 of this title'' and inserting in lieu
thereof ``under chapter 1223 of this title (or under chapter
67 of this title as in effect before the effective date of
the Reserve Officer Personnel Management Act)''.
(B) Section 1370(a)(1) is amended by striking out ``chapter
67'' and inserting in lieu thereof ``chapter 1223''.
(8) Section 1482(f)(2) is amended by striking out ``section
1332'' and ``section 1331'' and inserting in lieu thereof
``section 12732'' and ``12731'', respectively.
(d) Survivor Benefit Plan.--Subchapter II of chapter 73 is
amended as follows:
(1) Section 1447(14) is amended by striking out ``chapter
67 of this title'' and inserting in lieu thereof ``chapter
1223 of this title (or under chapter 67 of this title as in
effect before the effective date of the Reserve Officer
Personnel Management Act)''.
(2) The following provisions are amended by striking out
``section 1331(d)'' and inserting in lieu thereof ``section
12731(d)'': sections 1447(2)(C), 1448(a)(2)(B),
1448(f)(1)(A), and 1448(f)(1)(B).
SEC. 1672. AMENDMENTS TO SUBTITLE B OF TITLE 10, UNITED
STATES CODE.
(a) Tables of Chapters.--The table of chapters at the
beginning of subtitle B, and the table of chapters at the
beginning of part II of that subtitle, are each amended by
striking out the items relating to chapters 337, 361, and
363.
(b) Tables of Sections.--
(1) The table of sections at the beginning of chapter 307
is amended by striking out the items relating to section 3076
through 3080 and section 3082.
(2) The table of sections at the beginning of chapter 331
is amended by striking out the items relating to section 3212
and sections 3217 through 3225.
(3) The table of sections at the beginning of chapter 333
is amended by striking out the items relating to sections
3259, 3260, and 3261.
(4) The table of sections at the beginning of chapter 341
is amended by striking out the items relating to sections
3495 through 3502.
(5) The table of sections at the beginning of chapter 343
is amended by striking out the items relating to sections
3541 and 3542.
(6) The table of sections at the beginning of chapter 353
is amended by striking out the item relating to section 3686.
(c) Cross Reference Amendments.--
(1) Section 3038(b) is amended by striking out ``section
265'' and inserting in lieu thereof ``section 10211''.
(2) Section 3961(a) is amended by striking out ``chapter
67'' and inserting in lieu thereof ``chapter 1223''.
(3) Section 4342(b)(1)(B) is amended by striking out
``section 1331 of this title'' and inserting in lieu thereof
``section 12731 of this title (or under section 1331 of this
title as in effect before the effective date of the Reserve
Officer Personnel Management Act)''.
SEC. 1673. AMENDMENTS TO SUBTITLE C OF TITLE 10, UNITED
STATES CODE.
(a) Tables of Chapters.--
(1) The table of chapters at the beginning of subtitle C is
amended by striking out the items relating to chapters 519,
531, 541, and 549.
(2) The table of chapters at the beginning of part I of
subtitle C is amended by striking out the item relating to
chapter 519.
(3) The table of chapters at the beginning of part II of
subtitle C is amended by striking out the items relating to
chapters 531, 541, and 549.
(b) Tables of Sections.--
(1) The table of sections at the beginning of chapter 533
is amended by striking out the items relating to sections
5456, 5457, and 5458.
(2) The table of sections at the beginning of chapter 539
is amended by striking out the item relating to section 5600.
(3) The table of sections at the beginning of chapter 555
is amended by striking out the items relating to sections
6017 and 6034.
(4) The table of sections at the beginning of chapter 573
is amended by striking out the items relating to sections
6391, 6392, 6397, 6403, and 6410.
(c) Cross Reference Amendments.--
(1) Section 6389(a) is amended by striking out ``section
1005'' and inserting in lieu thereof ``section 12645''.
(2) Section 6954(b)(1)(B) is amended by striking out
``section 1331 of this title'' and inserting in lieu thereof
``section 12731 of this title (or under section 1331 of this
title as in effect before the effective date of the Reserve
Officer Personnel Management Act)''.
(d) Repeal of Section Redundant with Section 741.--
(1) Section 5506 is repealed.
(2) The table of sections at the beginning of chapter 535
is amended by striking out the item relating to section 5506.
SEC. 1674. AMENDMENTS TO SUBTITLE D OF TITLE 10, UNITED
STATES CODE.
(a) Tables of Chapters.--The table of chapters at the
beginning of subtitle D, and the table of chapters at the
beginning of part II of that subtitle, are each amended by
striking out the items relating to chapters 837 and 863.
(b) Tables of Sections.--
(1) The table of sections at the beginning of chapter 807
is amended by striking out the items relating to sections
8076 through 8080.
(2) The table of sections at the beginning of chapter 831
is amended by striking out the items relating to section 8212
and sections 8217 through 8225.
(3) The table of sections at the beginning of chapter 833
is amended by striking out the items relating to sections
8259, 8260, and 8261.
(4) The table of sections at the beginning of chapter 841
is amended by striking out the items relating to sections
8495 through 8502.
(5) The table of sections at the beginning of chapter 843
is amended by striking out the items relating to sections
8541 and 8542.
(6) The table of sections at the beginning of chapter 853
is amended by striking out the item relating to section 8686.
(7) The table of sections at the beginning of chapter 861
is amended by striking out the items relating to sections
8819 and 8820.
(c) Cross Reference Amendments.--
(1) Section 8038(b) is amended by striking out ``section
265'' and inserting in lieu thereof ``section 10211''.
(2) Section 8961(a) is amended by striking out ``chapter
67'' and inserting in lieu thereof ``chapter 1223''.
(3) Section 9342(b)(1)(B) is amended by striking out
``section 1331 of this title'' and inserting in lieu thereof
``section 12731 of
[[Page 1709]]
this title (or under section 1331 of this title as in effect
before the effective date of the Reserve Officer Personnel
Management Act)''.
SEC. 1675. AMENDMENTS TO SUBTITLE E OF TITLE 10, UNITED
STATES CODE.
(a) Chapter 1203.--Section 12102 (as transferred and
redesignated by section 1662(b)(2)) is amended by striking
out ``section 3261 or 8261'' in subsection (a) and inserting
in lieu thereof ``section 12107''.
(b) Chapter 1205.--Sections of chapter 1205 (as transferred
and redesignated by section 1662(c)(2)) are amended as
follows:
(1) Section 12203 is amended by striking out ``3352, or
8352'' in subsection (a) and inserting in lieu thereof
``12213, or 12214''.
(2) Sections 12213 and 12214 are amended by striking out
``or Territory, Puerto Rico, or the District of Columbia,
whichever is'' in subsection (a).
(c) Chapter 1209.--Sections of chapter 1209 (as transferred
and redesignated by section 1662(e)(2)) are amended as
follows:
(1) Section 12301 is amended--
(A) in subsection (b), by striking out ``or Territory'' and
all that follows through the period at the end and inserting
in lieu thereof ``(or, in the case of the District of
Columbia National Guard, the commanding general of the
District of Columbia National Guard).''; and
(B) in subsection (d), by striking out ``or Territory,
Puerto Rico, or the District of Columbia, whichever is''.
(2) Section 12304 is amended--
(A) by striking out ``section 673(a)'' in subsection (a)
and inserting in lieu thereof ``section 12302(a)'';
(B) by striking out ``section 268(b)'' in subsection (a)
and inserting in lieu thereof ``section 10143(a)''; and
(C) by striking out ``section 3500 or 8500'' in subsection
(b) and inserting in lieu thereof ``section 12406''.
(3) Section 12305 is amended by striking out ``section 672,
673, or 673b'' in subsections (a) and (b) and inserting in
lieu thereof ``section 12301, 12302, or 12304''.
(4) Section 12306 is amended by striking out ``section
672'' in subsection (a) and inserting in lieu thereof
``section 12301''.
(5) Section 12307 is amended by striking out ``section
672(a) or 688'', ``section 1001(b)'', and ``chapter 67'' and
inserting in lieu thereof ``section 688 or 12301(a)'',
``section 12641(b)'', and ``chapter 1223'', respectively.
(6) Section 12308 is amended by striking out ``chapter 67''
and ``section 1332(b)'' and inserting in lieu thereof
``chapter 1223'' and ``section 12732(b)'', respectively.
(7) Section 12310 is amended by striking out ``section
672(d)'' in subsection (a) and inserting in lieu thereof
``section 12301(d)''.
(8) Section 12312 is amended by striking out ``section
679(a)'' in subsections (a) and (b) and inserting in lieu
thereof ``section 12311(a)''.
(9) Section 12318 is amended--
(A) by striking out ``section 673 or 673b'' in subsections
(a) and (b) and inserting in lieu thereof ``section 12302 or
12304''; and
(B) by striking out ``section 678'' in subsection (b) and
inserting in lieu thereof ``section 12310''.
(10) Section 12319(d) is amended by striking out ``chapter
67'' and inserting in lieu thereof ``chapter 1223''.
(11) Section 12320 is amended by striking out ``section
3353, 5600, or 8353'' and inserting in lieu thereof ``section
12207''.
(d) Chapter 1219.--Sections of chapter 1219 (as transferred
and redesignated by section 1662(h)) are amended as follows:
(1) Section 12642 is amended--
(A) by striking out ``section 1332(a)(2)'' in subsection
(a) and inserting in lieu thereof ``section 12732(a)(2)'';
and
(B) by striking out ``section 1005'' in subsection (b) and
inserting in lieu thereof ``section 12645''.
(2) Section 12645 is amended by striking out ``chapter 337,
361, 363, 573, 837, 861, or 863'' in subsection (a) and
inserting in lieu thereof ``chapter 573, 1407, 1409, or
1411''.
(3) Section 12646 is amended--
(A) by striking out ``section 1332'' each place it appears
in subsections (a) and (b) and inserting in lieu thereof
``section 12732'';
(B) by striking out ``chapter 337, 361, 363, 573, 837, 861,
or 863'' in subsections (a) and (b) and inserting in lieu
thereof ``chapter 573, 1407, or 1409''; and
(C) by striking out subsection (e) and inserting in lieu
thereof the following:
``(e)(1) A reserve commissioned officer on active duty
(other than for training) or full-time National Guard duty
(other than full-time National Guard duty for training only)
who, on the date on which the officer would otherwise be
removed from an active status under section 6389, 14513, or
14514 of this title or section 740 of title 14, is within two
years of qualifying for retirement under section 3911, 6323,
or 8911 of this title may, in the discretion of the Secretary
concerned and subject to paragraph (2), be retained on that
duty for a period of not more than two years.
``(2) An officer may be retained on active duty or full-
time National Guard duty under paragraph (1) only if--
``(A) at the end of the period for which the officer is
retained the officer will be qualified for retirement under
section 3911, 6323, or 8911 of this title; and
``(B) the officer will not, before the end of that period,
reach the age at which transfer from an active status or
discharge is required by this title or title 14.
``(3) An officer who is retained on active duty or full-
time National Guard duty under this section may not be
removed from an active status while on that duty.''.
(4) Section 12647 is amended by striking out ``chapters
337, 363, 573, 837, and 863'' and inserting in lieu thereof
``chapters 573, 1407, and 1409''.
SEC. 1676. AMENDMENTS TO TITLES 32 AND 37, UNITED STATES
CODE.
(a) Title 32, United States Code.--Title 32, United States
Code, is amended as follows:
(1) Section 107(c) is amended by striking out ``section
3496 or 8496'' and inserting in lieu thereof ``section
12402''.
(2) Section 307(a)(3) is amended by striking out ``and
sections 8365 and 8366 of title 10''.
(3) Section 323(c) is amended by striking out ``section
3259, 3352(a), 8259, or 8352(a)'' and inserting in lieu
thereof ``section 12105, 12213(a), or 12214(a)''.
(4) The items relating to sections 309 and 310 in the table
of sections at the beginning of chapter 3 are amended to read
as follows:
``309. Federal recognition of National Guard officers: officers
promoted to fill vacancies.
``310. Federal recognition of National Guard officers: automatic
recognition.''.
(b) Title 37, United States Code.--Title 37, United States
Code, is amended as follows:
(1) Section 204(a)(2) is amended by striking out ``section
3021, 3496, 3541, 8021, 8496, or 8541'' and inserting in lieu
thereof ``section 10302, 10305, 10502, or 12402''.
(2) Section 205(e)(2) is amended--
(A) by striking out ``section 511(b) or 511(d)'' in
subparagraph (A) and inserting in lieu thereof ``section
12103(b) or 12103(d)''; and
(B) by striking out ``chapter 39'' in subparagraph (B) and
inserting in lieu thereof ``chapter 1209''.
(3) Section 905 is amended--
(A) by striking out ``chapter 549'' in subsection (a) and
inserting in lieu thereof ``chapter 1405''; and
(B) by striking out ``section 5908'' in subsection (b) and
inserting in lieu thereof ``section 14308(b)''.
SEC. 1677. AMENDMENTS TO OTHER LAWS.
(a) Title 5, United States Code.--Title 5, United States
Code, is amended as follows:
(1) Section 5517(d)(2) is amended by striking out ``section
270(a) of title 10'' and inserting in lieu thereof ``section
10147 of title 10''.
(2) Section 6323(b) is amended--
(A) in paragraph (1), by striking out ``section 261 of
title 10'' and inserting in lieu thereof ``section 10101 of
title 10''; and
(B) in paragraph (2)(A), by striking out ``3500, or 8500 of
title 10'' and inserting in lieu thereof ``or 12406 of title
10''; and
(3) Sections 8332(c)(2)(B) and 8411(c)(2)(B) are amended by
striking out ``chapter 67 of title 10'' and inserting in lieu
thereof ``chapter 1223 of title 10 (or under chapter 67 of
that title as in effect before the effective date of the
Reserve Officer Personnel Management Act)''.
(4) Sections 8401(30) and 8456(a)(1)(A) are amended by
striking out ``section 261(a) of title 10'' and inserting in
lieu thereof ``section 10101 of title 10''.
(b) Title 14, United States Code.--Title 14, United States
Code, is amended as follows:
(1) Section 41a(a) is amended by striking out ``section 679
of title 10'' and inserting in lieu thereof ``section 12311
of title 10''.
(2) Section 271(e) is amended by striking out ``section 593
of title 10'' and inserting in lieu thereof ``section 12203
of title 10''.
(3) Section 712(c)(1) is amended by striking out ``section
270 of title 10'' and inserting in lieu thereof ``section
10147 of title 10''.
(4) Section 713 is amended by striking out ``section 511(d)
of title 10'' and inserting in lieu thereof ``section
12103(d) of title 10''.
(5) Sections 740(c) and 741(b) are amended by striking out
``section 1006 of title 10'' and inserting in lieu thereof
``section 12646 of title 10''.
(c) Internal Revenue Code of 1986.--Section 219(g)(6)(A) of
the Internal Revenue Code of 1986 is amended by striking out
``section 261(a) of title 10'' and inserting in lieu thereof
``section 10101 of title 10''.
(d) Title 38, United States Code.--Title 38, United States
Code, is amended as follows:
(1) Sections 1965(5)(B), 1965(5)(C), and 1968(a)(4)(B) are
amended by striking out ``chapter 67 of title 10'' and
inserting in lieu thereof ``chapter 1223 of title 10 (or
under chapter 67 of that title as in effect before the
effective date of the Reserve Officer Personnel Management
Act)''.
(2) Section 3002 is amended--
(A) in paragraph (4), by striking out ``section 268(b) of
title 10'' and inserting in lieu thereof ``section 10143(a)
of title 10''; and
(B) in paragraph (6), by striking out ``section 511(d) of
title 10'' and inserting in lieu thereof ``section 12103(d)
of title 10''.
(e) Public Law 99-661.--Section 403(b)(1) of Public Law 99-
661 (10 U.S.C. 521 note) is amended--
(1) in subparagraph (B), by striking out ``section 265''
and all that follows through ``of title 10'' and inserting in
lieu thereof ``section 10148(a), 10211, 10302 through 10305,
12301(a), or 12402 of title 10'';
(2) in subparagraph (C), by striking out ``section 672(d)''
and inserting in lieu thereof ``section 12301(d)''; and
(3) in subparagraph (E), by striking out ``section 673b''
and inserting in lieu thereof ``section 12304''.
(f) Military Selective Service Act.--Section 6 of the
Military Selective Service Act (50 U.S.C. App. 456) is
amended--
[[Page 1710]]
(1) in subsection (c)(2)(A), by striking out ``section 270
of title 10'' and inserting in lieu thereof ``section 10147
of title 10'';
(2) in subsection (c)(2)(D), by striking out ``section
511(b) of title 10'' and inserting in lieu thereof ``section
12103 of title 10''; and
(3) in subsection (d)(1), by striking out ``section 270(a)
of title 10'' and inserting in lieu thereof ``section 10147
of title 10''.
Subtitle E--Transition Provisions
SEC. 1681. CONTINUATION ON THE RESERVE ACTIVE-STATUS LIST OF
CERTAIN RESERVE COLONELS OF THE ARMY AND AIR
FORCE.
(a) Continuation Under Old Law.--Except as provided in
subsection (b), a reserve officer of the Army or the Air
Force who, on the effective date of this title--
(1) is subject to placement on the reserve active-status
list of the Army or the Air Force; and
(2)(A) holds the reserve grade of colonel, (B) is on a list
of officers recommended for promotion to the reserve grade of
colonel, or (C) has been nominated by the President for
appointment in the reserve grade of colonel,
shall continue to be subject to mandatory transfer to the
Retired Reserve or discharge from the officer's reserve
appointment under section 3851 or 8851 of title 10, United
States Code, as in effect on the day before the effective
date of this title.
(b) Exemption.--This section does not apply to an officer
who is--
(1) sooner transferred from an active status or discharged
under some other provision of law;
(2) promoted to a higher grade, unless the officer was on a
list of officers recommended for promotion to the reserve
grade of colonel before the effective date of this title; or
(3) continued on the reserve active-status list under
section 14701 of title 10, United States Code, as added by
this title.
SEC. 1682. EFFECTS OF SELECTION FOR PROMOTION AND FAILURE OF
SELECTION FOR ARMY AND AIR FORCE OFFICERS.
(a) Promotions To Fill Vacancies.--A reserve commissioned
officer of the Army or Air Force (other than a commissioned
warrant officer) who, on the day before the effective date of
this title, is recommended for promotion to fill a vacancy in
the Army Reserve or the Air Force Reserve under section 3383,
3384, 8372, or 8373 of title 10, United States Code, as in
effect on the day before the effective date of this title, in
the next higher reserve grade shall be considered to have
been recommended for promotion to that grade by a vacancy
promotion board under section 14101(a)(2) of title 10, United
States Code, as added by this title.
(b) Promotions Other Than To Fill Vacancies.--A reserve
officer of the Army or Air Force who, on the day before the
effective date of this title, is recommended for promotion
under section 3366, 3367, 3370, 3371, 8366, or 8371 of title
10, United States Code, as in effect on the day before the
effective date of this title, to a reserve grade higher than
the grade in which the officer is serving shall be considered
to have been recommended for promotion by a mandatory
promotion board convened under section 14101(a)(1) of title
10, United States Code, as added by this title.
(c) Officers Found Qualified for Promotion to First
Lieutenant.--A reserve officer of the Army or Air Force who,
on the effective date of the title, holds the grade of second
lieutenant and has been found qualified for promotion to the
grade of first lieutenant in accordance with section 3365,
3382, or 8365 of title 10, United States Code, as in effect
on the day before the effective date of this title, shall be
promoted to that grade on the date on which the officer would
have been promoted under the provisions of chapter 337 or 837
of such title, as in effect on the day before the effective
date of this title, unless sooner promoted under regulations
prescribed by the Secretary of the Army or the Secretary of
the Air Force under section 14308(b) of title 10, United
States Code, as added by this title.
(d) Officers Once Failed of Selection.--(1) A reserve
officer of the Army in the grade of first lieutenant,
captain, or major who, on the day before the effective date
of this title, has been considered once but not recommended
for promotion to the next higher reserve grade under section
3366 or 3367 of title 10, United States Code, or a reserve
officer of the Air Force in the grade of first lieutenant,
captain, or major who, on the day before the effective date
of this title, is a deferred officer within the meaning of
section 8368 of such title, shall be considered to have been
considered once but not selected for promotion by a board
convened under section 14101(a)(1) of title 10, United States
Code, as added by this title. If the officer is later
considered for promotion by a selection board convened under
that section and is not selected for promotion (or is
selected for promotion but declines to accept the promotion),
the officer shall be considered for all purposes to have
twice failed of selection for promotion.
(2) In the case of a reserve officer of the Army or Air
Force in an active status who, on the day before the
effective date of this title, is in the grade of first
lieutenant, captain, or major and whose name has been
removed, under the provisions of section 3363(f) of title 10,
United States Code, from a list of officers recommended for
promotion or who has previously not been promoted because the
President declined to appoint the officer in the next higher
grade under section 8377 of such title as in effect on the
day before the effective date of this title, or whose name
was removed from a list of officers recommended for promotion
to the next higher grade because the Senate did not consent
to the officer's appointment, if the officer is later
considered for promotion by a selection board convened by
section 14101(a)(1) of title 10, United States Code, as added
by this title, and (A) is not selected for promotion, (B) is
selected for promotion but removed from the list of officers
recommended or approved for promotion, or (C) is selected for
promotion but declines to accept the promotion, the officer
shall be considered for all purposes to have twice failed of
selection for promotion.
(e) Officers Twice Failed of Selection.--A reserve officer
of the Army or Air Force in an active status who, on the day
before the effective date of this title, is in the grade of
first lieutenant, captain, or major and on that date is
subject to be treated as prescribed in section 3846 or 8846
of title 10, United States Code, shall continue to be
governed by that section as in effect on the day before the
effective date of this title.
(f) Officers With Approved Promotion Declinations in
Effect.--A reserve officer of the Army who, on the day before
the effective date of this title, has declined a promotion
under subsection (f) or (g) of section 3364 of title 10,
United States Code, shall while carried on the reserve active
status list be subject to the provisions of subsections (h),
(i), and (j) of such section, as in effect on the day before
the effective date of this title, except that the name of an
officer to whom this section applies shall be placed on a
promotion list under section 14308(a) of title 10, United
States Code (as added by this title), and, at the end of the
approved period of declination, shall be considered to have
failed of promotion if the officer again declines to accept
the promotion.
(g) Covered Officers.--This section applies to reserve
officers of the Army and Air Force who--
(1) on the day before the effective date of this title are
in an active status; and
(2) on the effective date of this title are subject to
placement on the reserve active-status list of the Army or
the Air Force.
SEC. 1683. EFFECTS OF SELECTION FOR PROMOTION AND FAILURE OF
SELECTION FOR NAVY AND MARINE CORPS OFFICERS.
(a) Recommendations for Promotion.--An officer covered by
this section who, on the day before the effective date of
this title, has been recommended for promotion to a reserve
grade higher than the grade in which the officer is serving
shall be considered to have been recommended for promotion to
that grade under section 14101(a) of title 10, United States
Code, as added by this title.
(b) Failures of Selection.--An officer covered by this
section who, on the day before the effective date of this
title is considered to have failed of selection for promotion
one or more times under chapter 549 of title 10, United
States Code, to a grade below captain, in the case of a
reserve officer of the Navy, or to a grade below colonel, in
the case of a reserve officer of the Marine Corps, shall be
subject to chapters 1405 and 1407 of title 10, United States
Code, as added by this title, as if such failure or failures
had occurred under the provisions of those chapters.
(c) Officers Other Than Covered Officers Recommended for
Promotion.--A reserve officer of the Navy or Marine Corps who
on the day before the effective date of this title (1) has
been recommended for promotion in the approved report of a
selection board convened under chapter 549 of title 10,
United States Code, and (2) was on the active-duty list of
the Navy or Marine Corps may be promoted under that chapter,
as in effect on the day before the effective date of this
title.
(d) Officers Found Qualified for Promotion to Lieutenant
(Junior Grade) or First Lieutenant.--A covered officer who,
on the effective date of this title, holds the grade of
second lieutenant and has been found qualified for promotion
in accordance with section 5908 or 5910 of title 10, United
States Code, as in effect on the day before the effective
date of this title, shall be promoted on the date on which
the officer would have been promoted under the provisions of
chapter 549 of such title, as in effect on the day before the
effective date of this title, unless sooner promoted under
regulations prescribed by the Secretary of the Navy under
section 14307(b) of such title, as added by this title.
(e) Officers Whose Names Have Been Omitted From a List
Furnished to a Selection Board.--A covered officer whose
name, as of the effective date of this title, had been
omitted by administrative error from the list of officers
furnished the most recent selection board to consider
officers of the same grade and component, shall be considered
by a special selection board established under section 14502
of title 10, United States Code, as added by this title. If
the officer is selected for promotion by that board, the
officer shall be promoted as specified in section 5904 of
title 10, United States Code, as in effect on the day before
the effective date of this title.
(f) Covered Officers.--Except as provided in subsection
(c), this section applies to any reserve officer of the Navy
or Marine Corps who (1) before the effective date of this
title is in an active status, and (2) on the effective date
of this title is subject to placement on the reserve active-
status list of the Navy or Marine Corps.
[[Page 1711]]
SEC. 1684. DELAYS IN PROMOTIONS AND REMOVALS FROM PROMOTION
LIST.
(a) Delays in Promotions.--(1) A delay in a promotion that
is in effect on the day before the effective date of this
title under the laws and regulations in effect on that date
shall continue in effect on and after that date as if the
promotion had been delayed under section 14311 of title 10,
United States Code, as added by this title.
(2) The delay of the promotion of a reserve officer of the
Army or the Air Force which was in effect solely to achieve
compliance with limitations set out in section 524 of title
10, United States Code, or with regulations prescribed by the
Secretary of Defense with respect to sections 3380(c) and
8380(c) of title 10, United States Code, as in effect on the
day before the effective date of this title, shall continue
in effect as if the promotion had been delayed under section
14311(e) of such title, as added by this title.
(b) Removals From List.--An action that was initiated
before the effective date of this title under the laws and
regulations in effect before that date to remove the name of
an officer from a promotion list or from a list of officers
recommended or approved for promotion shall continue on and
after such date as if such action had been initiated under
section 14110(d) or 14310, as appropriate, of title 10,
United States Code, as added by this title.
SEC. 1685. MINIMUM SERVICE QUALIFICATIONS FOR PROMOTION.
During the five-year period beginning on the effective date
of this title, the Secretary of the Army and the Secretary of
the Air Force may waive the provisions of section 14304 of
title 10, United States Code, as added by this title. The
Secretary may, in addition, during any period in which such a
waiver is in effect, establish minimum periods of total years
of commissioned service an officer must have served to be
eligible for consideration for promotion to the grade of
captain, major, or lieutenant colonel by boards convened
under section 14101(a) of title 10, United States Code, as
added by this title.
SEC. 1686. ESTABLISHMENT OF RESERVE ACTIVE-STATUS LIST.
(a) Six-Month Deadline.--Not later than six months after
the effective date of this title, the Secretary of the
military department concerned shall ensure that--
(1) all officers of the Army, Navy, Air Force, and Marine
Corps who are required to be placed on the reserve active-
status list of their Armed Force under section 14002 of title
10, United States Code, as added by this title, shall be
placed on the list for their armed force and in their
competitive category; and
(2) the relative seniority of those officers on each such
list shall be established.
(b) Regulations.--The Secretary concerned shall prescribe
regulations for the establishment of relative seniority. The
Secretary of the Army and the Secretary of the Air Force
shall, in prescribing such regulations, provide for the
consideration of both promotion service established under
section 3360(b) or 8360(e) of title 10, United States Code,
as in effect on the day before the effective date of this
title, and total commissioned service established under
section 3360(c) or 8366(e) of such title, as in effect on the
day before the effective date of this title. An officer
placed on a reserve active-status list in accordance with
this section shall be considered to have been on the list as
of the effective date of this title.
SEC. 1687. PRESERVATION OF RELATIVE SENIORITY UNDER THE
INITIAL ESTABLISHMENT OF THE RESERVE ACTIVE-
STATUS LIST.
In order to maintain the relative seniority among reserve
officers of the Army, Navy, Air Force, or Marine Corps as
determined under section 1686, the Secretary of the military
department concerned may, during the one-year period
beginning on the effective date of this title, adjust the
date of rank of any reserve officer of such Armed Force who
was in an active status but not on the active-duty list on
such effective date.
SEC. 1688. GRADE ON TRANSFER TO THE RETIRED RESERVE.
In determining the highest grade held satisfactorily by a
person at any time in the Armed Forces for the purposes of
paragraph (2) of section 1406(b) of title 10, United States
Code, as added by this title, the requirement for
satisfactory service on the reserve active-status list
contained in section 1370(d) of title 10, United States Code,
as added by this title, shall apply only to reserve
commissioned officers who are promoted to a higher grade as a
result of selection for promotion under chapter 36 of that
title or under chapter 1405 of that title, as added by this
title, or having been found qualified for Federal recognition
in a higher grade under chapter 3 of title 32, United States
Code, after the effective date of this title.
SEC. 1689. RIGHTS FOR OFFICERS WITH OVER THREE YEARS SERVICE.
A reserve officer of the Army, Navy, Air Force, or Marine
Corps who was in an active status on the day before the
effective date of this title and who was subject to placement
of the reserve active-status list on the effective date of
this title may not be discharged under section 14503 of title
10, United States Code, as added by this title, until on or
after the day on which that officer completes three years of
continuous service as a reserve commissioned officer.
SEC. 1690. MANDATORY SEPARATION FOR AGE FOR CERTAIN RESERVE
OFFICERS OF THE NAVY AND MARINE CORPS.
(a) Savings Provisions for Required Separation Age.--A
reserve officer of the Navy or the Marine Corps--
(1) who--
(A) on the effective date of this title is in an active
status, and
(B) on the day before the effective date of this title was
an officer described in section 6389(e), 6397(a), 6403(a), or
6403(b) of title 10, United States Code; and
(2) who, on or after the effective date of this title is
subject to elimination from an active status under any
provision of such title,
is entitled to be treated as that officer would have been
treated under section 6397 or 6403 as applicable, as in
effect on the day before the effective date of this title, if
that treatment would result in the date for the officer's
separation from an active status being a later date than the
date established under the law in effect on or after the
effective date of this title.
(b) Savings Provisions for Mandatory Separation for Age.--
An officer who was initially appointed in the Naval Reserve
or the Marine Corps Reserve before January 1, 1953, and who
cannot complete 20 years of service computed under section
12732 of this title before he becomes 62 years of age, but
can complete this service by the time he becomes 64 years of
age, may be retained in an active status not later than the
date he becomes 64 years of age.
(c) An officer who was initially appointed in the Naval
Reserve or the Marine Corps Reserve before the effective date
of this title, and who cannot complete 20 years of service
computed under section 12732 of this title before he becomes
60 years of age, but can complete this service by the time he
becomes 62 years of age, may be retained in an active status
not later than the date he becomes 62 years of age.
Subtitle F--Effective Dates and General Savings Provisions
SEC. 1691. EFFECTIVE DATE.
(a) Effective Date for Amendments.--Except as provided in
subsection (b), the amendment made by section 1611 and the
amendments made by subtitles C and D shall take effect on
December 1, 1994.
(b) Effective Date for New Reserve Officer Personnel
Policies.--(1) The provisions of part III of subtitle E of
title 10, United States Code, as added by section 1611, shall
become effective on October 1, 1996. The amendments made by
part II of subtitle A, by subtitle B, and by section
1671(c)(2) and paragraphs (2), (3)(B), (3)(C), and (4) of
section 1675(d) shall take effect on October 1, 1996.
(2) Any reference in subtitle E of this title to the
effective date of this title is a reference to the effective
date prescribed in paragraph (1).
(3) The personnel policies applicable to Reserve officers
under the provisions of law in effect on the day before the
date prescribed in subsection (a) and replaced by the Reserve
officer personnel policies prescribed in part III of subtitle
E of title 10, United States Code, as added by section 1611,
shall, notwithstanding the provisions of subsection (a),
continue in effect until the effective date prescribed in
paragraph (1).
(4) The authority to prescribe regulations under the
provisions of part III of subtitle E of title 10, United
States Code, as added by section 1611, shall take effect on
the date of the enactment of this Act.
SEC. 1692. PRESERVATION OF SUSPENDED STATUS OF LAWS SUSPENDED
AS OF EFFECTIVE DATE.
If a provision of law that is in a suspended status on the
day before the effective date of this title under section
1691(b)(1) is transferred or amended by this title, the
suspended status of that provision is not affected by that
transfer or amendment.
SEC. 1693. PRESERVATION OF PRE-EXISTING RIGHTS, DUTIES,
PENALTIES, AND PROCEEDINGS.
Except as otherwise provided in this title, the provisions
of this title and the amendments made by this title do not
affect rights and duties that matured, penalties that were
incurred, or proceedings that were begun before the effective
date of this title under section 1691(b)(1).
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SECTION 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 1995''.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(1), and, in the case of the project described in
section 2104(b)(2), other amounts appropriated pursuant to
authorizations enacted after this Act for that project, the
Secretary of the Army may acquire real property and carry out
military construction projects for the installations and
locations inside the United States, and in the amounts, set
forth in the following table:
[[Page 1712]]
Army: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
Alabama..................... Redstone Arsenal.......... $2,600,000
California.................. Fort Irwin................ $10,000,000
Georgia..................... Fort Benning.............. $6,550,000
Fort Gordon............... $44,750,000
Hawaii...................... Schofield Barracks........ $20,700,000
Kentucky.................... Fort Campbell............. $52,500,000
Fort Knox................. $8,500,000
Maryland.................... Edgewood Arsenal.......... $2,600,000
Adelphi Laboratory Center. $6,600,000
New Jersey.................. Bayonne Military Ocean
Terminal................. $4,050,000
New York.................... Fort Drum................. $12,600,000
United States Military
Academy, West Point...... $28,000,000
North Carolina.............. Fort Bragg................ $29,000,000
Sunny Point Military Ocean
Terminal................. $22,200,000
Oklahoma.................... Fort Sill................. $18,000,000
Pennsylvania................ Tobyhanna Depot........... $17,000,000
South Carolina.............. Charleston Naval Weapons
Station.................. $20,000,000
Texas....................... Fort Bliss................ $16,800,000
Fort Hood................. $45,800,000
Fort Sam Houston.......... $4,300,000
Virginia.................... Fort Lee.................. $15,600,000
Fort Myer................. $7,300,000
Washington.................. Fort Lewis................ $64,000,000
CONUS Classified............ Classified Location....... $1,900,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(2), the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Country Installation or location Amount
------------------------------------------------------------------------
Korea........................ Camp Casey............... $29,200,000
Camp Red Cloud........... $5,400,000
Kwajalein Atoll.............. Kwajalein................ $6,400,000
Worldwide.................... Host Nation Support...... $10,000,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2104(a)(5)(A), the Secretary of the Army may
construct or acquire family housing units (including land
acquisition) at the installations, for the purposes, and in
the amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................. Fort Richardson........... 72 units.................. $5,000,000
Colorado................................ Fort Carson............... 145 units................. $16,500,000
Georgia................................. Fort Stewart.............. 128 units................. $10,600,000
Hawaii.................................. Schofield Barracks........ 190 units................. $26,000,000
Kansas.................................. Fort Riley................ 126 units................. $12,600,000
Massachusetts........................... Natick Research Center.... 35 units.................. $4,150,000
New York................................ United States Military
Academy, West Point...... 56 units.................. $8,000,000
Texas................................... Fort Bliss................ 215 units................. $21,400,000
Fort Sam Houston.......... 100 units................. $10,000,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of family housing units in an amount not to
exceed $5,992,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2104(a)(5)(A), the Secretary of
the Army may improve existing military family housing in an
amount not to exceed $49,760,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Subject to subsection (c), funds are
hereby authorized to be appropriated for fiscal years
beginning after September 30, 1994, for military
construction, land acquisition, and military family housing
functions of the Department of the Army in the total amount
of $1,736,686,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $447,350,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $51,000,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$12,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $66,126,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvements of military family housing and facilities,
$170,002,000.
(B) For support of military family housing (including the
functions described in section 2833 of title 10, United
States Code), $1,013,708,000, of which not more than
$243,442,000 may be obligated or expended for the leasing of
military family housing worldwide.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2101 of this Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a) (as reduced by
operation of subsection (c)); and
(2) $14,000,000 (the balance of the amount authorized under
section 2101(a) for the construction and renovation of a food
processing facility at the United States Military Academy,
West Point, New York).
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (5) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by $23,500,000,
which represents the combination of project savings resulting
from favorable bids, reduced overhead costs, cancellations
due to force structure changes, and cancellations due to 1995
base closure and realignment decisions.
SEC. 2105. AUTHORIZATION OF MILITARY CONSTRUCTION PROJECT AT
FORT BRAGG, NORTH CAROLINA, FOR WHICH FUNDS
HAVE BEEN APPROPRIATED.
Using amounts previously appropriated for such purpose, the
Secretary of the Army may carry out a military construction
project for the construction of a library at Fort Bragg,
North Carolina, in the total amount of $5,500,000.
[[Page 1713]]
SEC. 2106. RELOCATION OF ARMY FAMILY HOUSING UNITS FROM FORT
HUNTER LIGGETT, CALIFORNIA, TO FORT STEWART,
GEORGIA.
Section 2102(a) of the Military Construction Authorization
Act for Fiscal Year 1992 (division B of Public Law 102-190;
105 Stat. 1511) is amended--
(1) by striking out paragraph (1) and inserting in lieu
thereof the following new paragraph:
``(1) Fort Hunter Liggett, California, one hundred fifty-
four units, $12,300,000.''; and
(2) by striking out paragraph (5) and inserting in lieu
thereof the following new paragraph:
``(5) Fort Stewart, Georgia, one hundred twenty-one units,
$9,890,000.''.
SEC. 2107. HIGHWAY SAFETY AT HAWTHORNE ARMY AMMUNITION PLANT,
NEVADA.
(a) Study.--The Secretary of the Army shall carry out a
study of traffic safety on the highway at the Hawthorne Army
Ammunition Plant, Nevada. In carrying out the study, the
Secretary shall--
(1) evaluate traffic safety on the highway, including
traffic safety with respect to the rail and truck crossing of
the highway at the Plant;
(2) evaluate the feasibility and desirability of
constructing a vehicle bridge over the rail and truck
crossing; and
(3) determine whether any construction required to improve
traffic safety on the highway should be funded as a military
construction project or as a defense access road construction
project.
(b) Architectural and Engineering Services and Construction
Design.--If the Secretary determines as a result of the study
under subsection (a) that construction of a vehicle bridge
over the rail and truck crossing of the highway at the Plant
is feasible and desirable, the Secretary may--
(1) obtain architectural and engineering activities and
carry out construction design with respect to the
construction of the bridge; or
(2) request that the Secretary of Transportation carry out
the construction of the bridge as a project for the
construction of a defense access road under section 210 of
title 23, United States Code.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(1), and, in the case of the project described in
section 2204(b)(2), other amounts appropriated pursuant to
authorizations enacted after this Act for that project, the
Secretary of the Navy may acquire real property and carry out
military construction projects for the installations and
locations inside the United States, and in the amounts, set
forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
California.................. Camp Pendleton Amphibious
Camp Pendleton Marine Corp
Base..................... $6,860,000
China Lake Naval Air
Warfare Center........... $6,000,000
El Centro Naval Air
Facility................. $3,000,000
Lemoore Naval Air Station. $7,000,000
North Island Naval Air
Station.................. $18,830,000
Port Hueneme Construction
Battalion Center......... $9,650,000
San Diego Marine Corps
Recruit Depot............ $1,090,000
San Diego Naval Station... $4,100,000
Twentynine Palms, Marine
Corps Air-Ground Combat
Center................... $2,900,000
Florida..................... Jacksonville Fleet and
Industrial Supply Center. $2,200,000
Pensacola Naval Air $2,100,000
Station.
Hawaii...................... Kaneohe Bay Marine Corps
Air Station.............. $4,900,000
Illinois.................... Great Lakes Navy Public
Works Center............. $13,000,000
Indiana..................... Crane Naval Surface
Warfare Center........... $7,970,000
Maryland.................... Indian Head Naval Surface
Warfare Center........... $10,400,000
Patuxent River Naval Air
Warfare Center........... $4,200,000
United States Naval
Academy.................. $1,900,000
New Jersey.................. Lakehurst Naval Air
Warfare Center........... $2,950,000
New Mexico.................. White Sands Naval Ordnance
Missile Test Station..... $1,390,000
North Carolina.............. Camp Lejeune Marine Corp
Base..................... $14,850,000
Cherry Point Marine Corps
Air Station.............. $2,100,000
Pennsylvania................ Philadelphia Naval $10,500,000
Shipyard.
Rhode Island................ Newport Naval Education
and Training Center...... $14,500,000
Newport Naval War College. $28,000,000
South Carolina.............. Beaufort Marine Corps Air
Station.................. $10,800,000
Parris Island Marine Corps
Recruit Depot............ $8,350,000
Texas....................... Ingleside Naval Station... $14,110,000
Kingsville Naval Air
Station.................. $1,530,000
Virginia.................... Chesapeake Naval Security
Group Activity........... $1,150,000
Dam Neck Fleet Combat
Training Center.......... $7,000,000
Little Creek Amphibious
Base..................... $5,000,000
Norfolk Marine Corps
Security Force Battalion
Atlantic................. $6,480,000
Norfolk Naval Base........ $5,100,000
Norfolk Naval Station..... $16,430,000
Quantico Marine Corps
Combat Development
Command.................. $19,900,000
Washington.................. Bremerton Puget Sound
Naval Shipyard........... $11,040,000
Everett Naval Station..... $21,690,000
Whidbey Island Naval Air
Station.................. $5,200,000
CONUS Classified............ Aircraft Fire Rescue and
Vehicle Maintenance
Facilities............... $2,200,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(2), the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Country Installation or location Amount
------------------------------------------------------------------------
Greece...................... Souda Bay, Crete Naval
Support Activity......... $3,050,000
Italy....................... Naples Naval Support $28,460,000
Activity.
Sigonella Naval Air $13,750,000
Station.
Puerto Rico................. Sabana Seca Naval Security
Group Activity........... $1,650,000
United Kingdom.............. Saint Mawgan Joint
Communication Center..... $3,900,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2204(a)(5)(A), the Secretary of the Navy may
construct or acquire family housing units (including land
acquisition) at the installations, for the purposes, and in
the amounts set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation Purpose Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Camp Pendleton Marine
Corps Base............... 196 units................. $28,552,000
San Diego Navy Public
Works Center............. 136 units................. $18,262,000
[[Page 1714]]
Hawaii.................................. Moanalua Terrace.......... 100 units (replacement)... $16,000,000
Maryland................................ Patuxent River Naval Air
Station.................. Housing Office............ $863,000
Mississippi............................. Gulfport Construction
Battalion Center......... 120 units................. $10,370,000
Texas................................... Corpus Christi Naval Air
Station.................. 100 units................. $11,800,000
Virginia................................ Norfolk Navy Public Works
Center................... Warehouse and Self Help
Center................... $555,000
Washington.............................. Everett Naval Station..... Housing Office............ $780,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of military family housing units in an amount not
to exceed $24,681,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2204(a)(5)(A), the Secretary of
the Navy may improve existing military family housing units
in the amount of $155,602,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Subject to subsection (c), funds are
hereby authorized to be appropriated for fiscal years
beginning after September 30, 1994, for military
construction, land acquisition, and military family housing
functions of the Department of the Navy in the total amount
of $1,591,824,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $309,070,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $50,810,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $7,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $43,380,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvements of military family housing and facilities,
$267,465,000.
(B) For support of military housing (including functions
described in section 2833 of title 10, United States Code),
$937,599,000, of which not more than $114,336,000 may be
obligated or expended for the leasing of military family
housing units worldwide.
(b) Limitation of Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2201 of this Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a) (as reduced by
operation of subsection (c)); and
(2) $18,000,000 (the balance of the amount authorized under
section 2201(a) for the construction of a Strategic Maritime
Research Center at the Naval War College, Newport, Rhode
Island).
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (5) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by $23,500,000,
which represents the combination of project savings resulting
from favorable bids, reduced overhead costs, cancellations
due to force structure changes, and cancellations due to 1995
base closure and realignment decisions.
SEC. 2205. RESTORATION OF AUTHORITY TO CARRY OUT MILITARY
CONSTRUCTION PROJECT AT NAVAL SUPPLY CENTER,
PENSACOLA, FLORIDA.
(a) Reauthorization.--Notwithstanding section
2205(b)(1)(D)(ii) of the Military Construction Authorization
Act for Fiscal Year 1994 (division B of Public Law 103-160;
107 Stat. 1865), the Secretary of the Navy may carry out the
military construction project at the Naval Supply Center,
Pensacola, Florida, which involves construction of a cold
storage facility at the installation and was originally
authorized by section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 1992 (division B of Public
Law 102-190; 105 Stat. 1514).
(b) Conforming Amendment.--Section 2205(a) of the Military
Construction Authorization Act for Fiscal Year 1992 (division
B of Public Law 102-190; 105 Stat. 1518), as amended by
section 2205(b)(2) of the Military Construction Authorization
Act for Fiscal Year 1994 (division B of Public Law 103-160;
107 Stat. 1865), is further amended--
(A) in the matter preceding the paragraphs, by striking out
``$1,759,990,000'' and inserting in lieu thereof
``$1,765,690,000''; and
(B) in paragraph (1), by striking out ``$667,700,000'' and
inserting in lieu thereof ``$673,400,000''.
SEC. 2206. DESIGN ACTIVITIES FOR UPGRADE OF MAYPORT NAVAL
STATION, FLORIDA.
(a) Commencement of Design Activities.--At the conclusion
of the facilities study prepared by the Secretary of the Navy
to identify infrastructure improvements that would be
necessary to provide Mayport Naval Station, Florida, with the
capability to serve as a homeport for a nuclear powered
aircraft carrier and the programmatic environmental impact
study to identify environmental issues associated with such
improvements, the Secretary shall begin design activities for
such military construction projects as may be necessary to
provide for such a capability.
(b) Rule of Construction.--Nothing in subsection (a) shall
be construed as an authorization to the Secretary to proceed
with the construction of facilities specifically designed to
make Mayport Naval Station capable of serving as a homeport
for a nuclear powered aircraft carrier.
SEC. 2207. RELOCATION OF PASCAGOULA COAST GUARD STATION,
MISSISSIPPI.
(a) Agreement on Relocation.--Subject to subsection (c),
the Secretary of the Navy and the Secretary of Transportation
may enter into an agreement that provides for the relocation
of the activities and functions of Pascagoula Coast Guard
Station to Pascagoula Naval Station, Pascagoula, Mississippi.
(b) Prohibition on Relocation or Construction Costs.--The
Navy may not incur any construction costs relating to the
relocation. The Coast Guard may not incur any construction
costs or relocation costs relating to the relocation.
(c) Condition on Relocation.--The activities and functions
of Pascagoula Coast Guard Station may not be relocated to
Pascagoula Naval Station if either--
(1) the Secretary of the Navy determines that the
relocation of the Coast Guard facility would interfere with
the performance of the mission of the Navy at Pascagoula
Naval Station; or
(2) the Secretary of Transportation determines that the
relocation of the Coast Guard facility would be incompatible
with Coast Guard operations in the Pascagoula area.
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(1), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Air Force: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
Alabama..................... Maxwell Air Force Base.... $9,600,000
Alaska...................... Cape Lisburne Long Range
Radar Site............... $2,800,000
Elmendorf Air Force Base.. $5,000,000
Arizona..................... Luke Air Force Base....... $4,900,000
Arkansas.................... Little Rock Air Force Base $4,800,000
California.................. Beale Air Force Base...... $11,850,000
Edwards Air Force Base.... $7,050,000
McClellan Air Force Base.. $8,500,000
Travis Air Force Base..... $3,600,000
Vandenberg Air Force Base. $6,550,000
Colorado.................... Peterson Air Force Base... $1,750,000
Delaware.................... Dover Air Force Base...... $10,500,000
Florida..................... Cape Canaveral Air Force $10,450,000
Station.
Georgia..................... Moody Air Force Base...... $13,400,000
Robins Air Force Base..... $21,200,000
[[Page 1715]]
Idaho....................... Mountain Home Air Force $15,950,000
Base.
Illinois.................... Scott Air Force Base...... $2,700,000
Kansas...................... McConnell Air Force Base.. $500,000
Louisiana................... Barksdale Air Force Base.. $15,700,000
Maryland.................... Andrews Air Force Base.... $6,300,000
Mississippi................. Columbus Air Force Base... $13,200,000
Keesler Air Force Base.... $11,240,000
Missouri.................... Whiteman Air Force Base... $24,290,000
Montana..................... Malmstrom Air Force Base.. $7,200,000
Nebraska.................... Offutt Air Force Base..... $2,260,000
Nevada...................... Nellis Air Force Base..... $600,000
New Jersey.................. McGuire Air Force Base.... $17,000,000
New Mexico.................. Holloman Air Force Base... $10,950,000
Kirtland Air Force Base... $28,000,000
North Carolina.............. Pope Air Force Base....... $5,050,000
North Dakota................ Grand Forks Air Force Base $5,200,000
Minot Air Force Base...... $5,850,000
Ohio........................ Wright-Patterson Air Force $26,550,000
Base.
Oklahoma.................... Altus Air Force Base...... $3,750,000
Tinker Air Force Base..... $20,443,000
Vance Air Force Base...... $11,680,000
South Carolina.............. Charleston Air Force Base. $11,400,000
South Dakota................ Ellsworth Air Force Base.. $5,950,000
Tennessee................... Arnold Air Force Base..... $1,900,000
Texas....................... Brooks Air Force Base..... $6,500,000
Kelly Air Force Base...... $8,950,000
Lackland Air Force Base... $5,200,000
Sheppard Air Force Base... $3,300,000
Virginia.................... Langley Air Force Base.... $5,500,000
Washington.................. Fairchild Air Force Base.. $17,900,000
McChord Air Force Base.... $10,400,000
Wyoming..................... F.E. Warren Air Force Base $2,650,000
CONUS Classified............ Classified Location....... $2,141,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(2), the Secretary of the Air Force may acquire real
property and may carry out military construction projects for
the installations and locations outside the United States,
and in the amounts, set forth in the following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Country Installation or location Amount
------------------------------------------------------------------------
Germany..................... Ramstein Air Base......... $12,350,000
Spangdahlem Air Base...... $9,473,000
Greenland................... Thule Air Base............ $2,450,000
Portugal.................... Lajes Field, Azores....... $2,850,000
United Kingdom.............. Lakenheath Royal Air Force
Base..................... $7,100,000
Overseas Classified......... Classified Locations...... $4,050,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2304(a)(6)(A), the Secretary of the Air Force may
construct or acquire family housing units (including land
acquisition) at the installations, for the purposes, and in
the amounts set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alabama................................. Maxwell Air Force Base.... 25 units.................. $2,100,000
Arizona................................. Davis Monthan Air Force
Base..................... 110 units................. $10,029,000
California.............................. Beale Air Force Base...... 76 units.................. $8,842,000
Edwards Air Force Base.... 34 units.................. $4,629,000
Los Angeles Air Force
Station.................. 50 units.................. $8,962,000
Vandenberg Air Force Base. 128 units................. $16,460,000
District of Columbia.................... Bolling Air Force Base.... 100 units................. $9,000,000
Florida................................. Patrick Air Force Base.... 75 units.................. $7,145,000
Idaho................................... Mountain Home Air Force
Base..................... 4 units................... $881,000
Mountain Home Air Force
Base..................... 60 units.................. $5,712,000
Kansas.................................. McConnell Air Force Base.. 70 units.................. $8,322,000
Louisiana............................... Barksdale Air Force Base.. 82 units.................. $8,236,000
Missouri................................ Whiteman Air Force Base... Housing Office............ $567,000
New Mexico.............................. Cannon Air Force Base..... 1 unit.................... $230,000
Holloman Air Force Base... 76 units.................. $7,733,000
Kirtland Air Force Base... 106 units................. $10,058,000
North Carolina.......................... Pope Air Force Base....... 120 units................. $14,874,000
Seymour Johnson Air Force
Base..................... 74 units.................. $6,025,000
North Dakota............................ Grand Forks Air Force Base Housing Office............ $709,000
South Carolina.......................... Shaw Air Force Base....... 3 units................... $631,000
Texas................................... Dyess Air Force Base...... 59 units.................. $7,077,000
Utah.................................... Hill Air Force Base....... 138 units................. $11,400,000
Virginia................................ Langley Air Force Base.... 148 units................. $14,421,000
Washington.............................. Fairchild Air Force Base.. 6 units................... $1,035,000
Wyoming................................. F.E. Warren Air Force Base 106 units................. $11,321,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(6)(A), the Secretary of the Air Force may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of military family housing units in an amount not
to exceed $9,275,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2304(a)(6)(A), the Secretary of
the Air Force may improve existing military family housing
units in an amount not to exceed $61,770,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) In General.--Subject to subsection (c), funds are
hereby authorized to be appropriated for fiscal years
beginning after Sep-
[[Page 1716]]
tember 30, 1994, for military construction, land acquisition,
and military family housing functions of the Department of
the Air Force in the total amount of $1,601,602,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $438,154,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $38,273,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $7,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $49,386,000.
(5) For the construction of the climatic test chamber at
Eglin Air Force Base, Florida, authorized by section 2301(a)
of the Military Construction Authorization Act for Fiscal
Year 1993 (division B of Public Law 102-484; 106 Stat. 2594),
$20,000,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvements of military family housing and facilities,
$247,444,000.
(B) For support of military housing (including functions
described in section 2833 of title 10, United States Code),
$824,845,000, of which not more than $112,757,000 may be
obligated or expended for leasing of military family housing
units worldwide.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2301 of this Act may not exceed the
total amount authorized to be appropriated under paragraphs
(1) and (2) of subsection (a) (as reduced by operation of
subsection (c)).
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (6) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by $23,500,000,
which represents the combination of project savings resulting
from favorable bids, reduced overhead costs, cancellations
due to force structure changes, and cancellations due to 1995
base closure and realignment decisions.
SEC. 2305. AUTHORIZATION OF MILITARY CONSTRUCTION PROJECTS AT
TYNDALL AIR FORCE BASE, FLORIDA, FOR WHICH
FUNDS HAVE BEEN APPROPRIATED.
(a) Authorization.--The table in section 2301(a) of the
Military Construction Authorization Act for Fiscal Year 1994
(division B of Public Law 103-160; 107 Stat. 1867) is amended
in the item relating to Tyndall Air Force Base, Florida, by
striking out ``$2,600,000'' in the amount column and
inserting in lieu thereof ``$8,200,000''.
(b) Conforming Amendment.--Section 2304(a) of such Act (107
Stat. 1870) is amended--
(1) in the matter preceding the paragraphs, by striking out
``$2,040,031,000'' and inserting in lieu thereof
``$2,045,631,000''; and
(2) in paragraph (1), by striking out ``$877,539,000'' and
inserting in lieu thereof ``$883,139,000''.
SEC. 2306. REVISION OF AUTHORIZED FAMILY HOUSING PROJECT AT
TYNDALL AIR FORCE BASE, FLORIDA.
The table in section 2302(a) of the Military Construction
Authorization Act for Fiscal Year 1994 (division B of Public
Law 103-160; 107 Stat. 1869) is amended in the item relating
to Tyndall Air Force Base, Florida, by striking out
``Infrastructure'' in the purpose column and inserting in
lieu thereof ``45 units''.
SEC. 2307. MODIFICATION OF AIR FORCE PLANT NO. 3, TULSA,
OKLAHOMA.
(a) Modification Authorized.--Subject to subsection (b), of
the amount authorized to be appropriated under section
301(4), not more than $10,000,000 shall be available to the
Secretary of the Air Force to carry out the modification of
Air Force Plant No. 3, Tulsa, Oklahoma.
(b) Condition.--The Secretary of the Air Force may not
obligate any of the funds made available under subsection (a)
until after the end of a period of 30 legislative days (as
defined in section 2687(e)(4) of title 10, United States
Code) beginning on the date the Secretary submits to the
congressional defense committees a report certifying that the
modification is consistent with the long term national
security mission of Air Force Plant No. 3.
SEC. 2308. REPEAL OF LIMITATION ON ORDER OF RETIREMENT OF
MINUTEMAN II MISSILES.
Section 2307 of the Military Construction Authorization Act
for Fiscal Year 1991 (division B of Public Law 101-510; 104
Stat. 1775) is repealed.
TITLE XXIV--DEFENSE AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(1), the Secretary of
Defense may acquire real property and carry out military
construction projects for the installations and locations
inside the United States, and in the amounts, set forth in
the following table:
Defense Agencies: Inside the United States
------------------------------------------------------------------------
Agency Installation or location Amount
------------------------------------------------------------------------
Chemical Agents and
Munitions Destruction...... Anniston Army Depot,
Alabama.................. $5,000,000
Pine Bluff Arsenal,
Arkansas................. $3,000,000
Tooele Army Depot, Utah... $4,000,000
Umatilla Army Depot,
Oregon................... $12,000,000
Defense Intelligence Agency. Bolling Air Force Base,
Washington, District of
Columbia................. $600,000
Defense Logistics Agency.... Defense Construction
Supply Center, Columbus,
Ohio..................... $2,200,000
Defense Contract
Management Area Office,
El Segundo, California... $5,100,000
Defense Fuel Support
Point, Craney Island,
Virginia................. $3,652,000
Headquarters, Defense
Logistics Agency, Ft.
Belvoir, Virginia........ $4,600,000
Defense Medical Facility
Office..................... Fort Dix, New Jersey...... $2,000,000
Fort McPherson, Georgia... $13,300,000
McClellan Air Force Base,
California............... $10,280,000
National Security Agency.... Fort Meade, Maryland...... $5,458,000
Office Secretary of Defense. CONUS Classified Location. $5,300,000
Section 6 Schools........... Naval Surface Warfare
Center, Virginia......... $1,560,000
Special Operations Forces... Eglin Auxiliary Field No.
9, Florida............... $20,200,000
Fort Bragg, North Carolina $8,000,000
Kirtland Air Force Base,
New Mexico............... $9,600,000
Naval Base Coronado, San
Diego, California........ $3,400,000
------------------------------------------------------------------------
SEC. 2402. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(11)(A), the Secretary of
Defense may construct or acquire family housing units
(including land acquisition) at the location, for the
purpose, and in the amount set forth in the following table:
Defense Agencies: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Agency Purpose Amount
----------------------------------------------------------------------------------------------------------------
Belgium................................ National Security Agency... 1 unit.................... $300,000
----------------------------------------------------------------------------------------------------------------
SEC. 2403. IMPROVEMENT TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2405(a)(11)(A), the Secretary of
Defense may improve existing military family housing units in
an amount not to exceed $50,000.
SEC. 2404. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(8), the Secretary of
Defense may carry out energy conservation projects under
section 2865 of title 10, United States Code.
SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
1994, for military construction, land acquisition, and
military family housing functions of the Department of
Defense (other than the military departments), in the total
amount of $3,213,608,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $119,250,000.
(2) For military construction projects at Portsmouth Naval
Hospital, Virginia, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Years 1990
and 1991 (division B of Public Law 101-189; 103 Stat. 1640),
$120,000,000.
(3) For military construction projects at Elmendorf Air
Force Base, Alaska, hospital replacement, authorized by
section 2401(a) of the Military Construction Authorization
Act
[[Page 1717]]
for Fiscal Year 1993 (division B of Public Law 102-484; 106
Stat. 2599), $66,000,000.
(4) For military construction projects at Fort Bragg, North
Carolina, hospital replacement, authorized by section 2401(a)
of the Military Construction Authorization Act for Fiscal
Year 1993 (division B of Public Law 102-484; 106 Stat. 2599),
$75,000,000.
(5) For unspecified minor construction projects under
section 2805 of title 10, United States Code, $22,348,000.
(6) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States
Code, $3,511,000.
(7) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $51,960,000.
(8) For energy conservation projects authorized by section
2404, $50,000,000.
(9) For base closure and realignment activities as
authorized by title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law
100-526; 10 U.S.C. 2687 note), $87,600,000.
(10) For base closure and realignment activities as
authorized by the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), $2,588,558,000.
(11) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvements of military family housing and facilities,
$350,000.
(B) For support of military housing (including functions
described in section 2833 of title 10, United States Code),
$29,031,000, of which not more than $24,051,000 may be
obligated or expended for the leasing of military family
housing units worldwide.
(b) Limitation of Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2401 of this Act may not exceed the
total amount authorized to be appropriated under subsection
(a)(1).
SEC. 2406. COMMUNITY IMPACT ASSISTANCE WITH REGARD TO NAVAL
WEAPONS STATION, CHARLESTON, SOUTH CAROLINA.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(10), the Secretary of the
Navy shall transfer $3,000,000 to the South Carolina
Department of Highways and Public Transportation to be used
for improvements to North Rhett Avenue, which provides access
to the Naval Weapons Station, Charleston, South Carolina, to
help alleviate the adverse effects of the closure of the
Charleston Naval Station and Charleston Naval Shipyard, South
Carolina, on the surrounding communities.
SEC. 2407. PLANNING AND DESIGN FOR CONSTRUCTION IN SUPPORT OF
CONSOLIDATION OF OPERATIONS OF THE DEFENSE
FINANCE AND ACCOUNTING SERVICE.
Of the amount authorized to be appropriated by section
2405(a)(7), $6,000,000 shall be available for planning and
design activities relating to military construction in
support of the consolidation of operations of the Defense
Finance and Accounting Service.
SEC. 2408. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
1993 PROJECT.
(a) Modification of Authority.--(1) The table in section
2401(a) of the Military Construction Authorization Act for
Fiscal Year 1993 (division B of Public Law 102-484; 106 Stat.
2599) is amended in the item relating to Fitzsimons Army
Medical Center, Colorado, by striking out ``$390,000,000'' in
the amount column and inserting in lieu thereof
``$225,000,000''.
(2) Section 2403(c)(6) of such Act (106 Stat. 2600) is
amended by striking out ``$388,000,000'' and inserting in
lieu thereof ``$223,000,000''.
(b) Certification.--(1) If the budget for fiscal year 1996
that is submitted to Congress under section 1105 of title 31,
United States Code, includes a request for funds for the
construction of a replacement facility at Fitzsimons Army
Medical Center, Colorado, then not later than March 15, 1995,
the Secretary of Defense shall submit to the congressional
defense committees a certification that the replacement
facility is needed to meet military health care requirements.
(2) In making the certification, the Secretary of Defense
shall address the issues raised in the Audit Report of the
Inspector General of the Department of Defense dated March
21, 1994, and entitled ``Medical Treatment Facility
Requirements-Fitzsimons Army Medical Center'', including--
(A) the cost-effectiveness of building a replacement
facility;
(B) the Department of Defense policy on construction of new
military medical treatment facilities in areas in which the
majority of the patient population is military retirees and
their dependents;
(C) the percentage of the patient population in the
catchment area of Fitzsimons Army Medical Center and in the
Region 8 area that consists of--
(i) active duty personnel;
(ii) dependents of active duty personnel;
(iii) military retirees; and
(iv) dependents of military retirees;
(D) the availability to and cost for the patient population
in the catchment area of medical care provided by civilian
medical facilities located in that area;
(E) the occupancy rates of civilian medical facilities in
the catchment area;
(F) the nature and extent of advanced medical procedures
provided by civilian medical facilities in the catchment
area;
(G) the ability of and cost to other Department of Defense
medical facilities and civilian medical facilities located in
the Region 8 area of providing medical care to patients in
that area that are currently served by Fitzsimons Army
Medical Center;
(H) the projected occupancy rates at Fitzsimons Army
Medical Center with and without patients from outside the
catchment area and the Region 8 area; and
(I) the cost-effectiveness and contribution of the Graduate
Medical Education program at Fitzsimons Army Medical Center
to meeting the training requirements of the Army for military
medical personnel.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Infrastructure Program, as
provided in section 2806 of title 10, United States Code, in
an amount not to exceed the sum of the amount authorized to
be appropriated for this purpose in section 2502 and the
amount collected from the North Atlantic Treaty Organization
as a result of construction previously financed by the United
States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 1994, for contributions
by the Secretary of Defense under section 2806 of title 10,
United States Code, for the share of the United States of the
cost of projects for the North Atlantic Treaty Organization
Infrastructure Program, as authorized by section 2501, in the
amount of $119,000,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal years
beginning after September 30, 1994, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 133 of title
10, United States Code (including the cost of acquisition of
land for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United States,
$188,062,000; and
(B) for the Army Reserve, $57,370,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $22,748,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$249,053,000; and
(B) for the Air Force Reserve, $57,066,000.
SEC. 2602. PROHIBITION ON USE OF FUNDS FOR UNAUTHORIZED GUARD
AND RESERVE PROJECTS.
(a) Prohibition of Unauthorized Projects.--Except as
provided in subsection (b), funds appropriated pursuant to
the authorization of appropriations in section 2601 may only
be used for the purpose of paying for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces
(and for contributions for such purposes) under chapter 133
of title 10, United States Code, in the case of projects for
the Guard and Reserve Forces specified in the joint
explanatory statement of the committee of conference to
accompany the bill S. 2182 of the One Hundred and Third
Congress.
(b) Exceptions.--Subsection (a) shall not apply with
respect to funds authorized to be appropriated in section
2601 for unspecified planning and design and for unspecified
minor construction. Such subsection shall also not apply in
the case of a project for the Guard and Reserve Forces--
(1) specifically authorized by a law enacted after the date
of the enactment of this Act;
(2) designated as emergency construction, in the same
manner as provided for military construction projects under
section 2803 of title 10, United States Code;
(3) designated as contingency construction, in the same
manner as provided for military construction projects under
section 2804 of such title;
(4) designated as a construction project required to carry
out an environmental response action, in the same manner as
provided for military construction projects under section
2810 of such title;
(5) designated as a construction project required to
repair, restore, or replace a damaged or destroyed facility,
in the same manner as provided for military construction
projects under section 2854 of such title; or
(6) specified in the joint explanatory statement of the
committee of conference to accompany any Act, enacted before
the date of enactment of this Act, authorizing funds for
military construction projects if the authorization for the
project has not expired by the time the expenditure is to be
made.
SEC. 2603. AUTHORIZATION OF PROJECTS FOR WHICH FUNDS HAVE
BEEN APPROPRIATED.
(a) Fiscal Year 1994 Guard and Reserve Projects.--Section
2601 of the Military Construction Authorization Act for
Fiscal Year 1994 (division B of Public Law 103-160; 107 Stat.
1878) is amended--
(1) in paragraph (1), by striking out ``$283,483,000'' and
inserting in lieu thereof ``$299,223,000''; and
[[Page 1718]]
(2) in paragraph (2), by striking out ``$25,013,000'' and
inserting in lieu thereof ``$33,713,000''.
(b) Fiscal Year 1993 Air National Guard Project.--Section
2601(3)(A) of the Military Construction Authorization Act for
Fiscal Year 1993 (division B of Public Law 102-484; 106 Stat.
2602) is amended by striking out ``$305,759,000'' and
inserting in lieu thereof ``$306,959,000''.
(c) Fiscal Year 1992 Army National Guard Project.--Section
2601(1)(A) of the Military Construction Authorization Act for
Fiscal Year 1992 (division B of Public Law 102-190; 105 Stat.
1534) is amended by striking out ``$210,745,000'' and
inserting in lieu thereof ``$211,759,000''.
SEC. 2604. STATE NATIONAL GUARD HEADQUARTERS, FORT DIX, NEW
JERSEY.
Funds appropriated pursuant to the authorization of
appropriations in section 2601(1)(A) of the Military
Construction Authorization Act for Fiscal Year 1993 (division
B of Public Law 102-484; 106 Stat. 2602) for the renovation
of facilities at Fort Dix, New Jersey, for the purpose of
accommodating a consolidated New Jersey National Guard
headquarters may also be used for additions and alterations
to such facilities for the same purpose.
SEC. 2605. COLORADO STATE AREA COMMAND ARMORY, ENGLEWOOD,
COLORADO.
(a) Contribution Authorized.--Using amounts appropriated
for this purpose pursuant to the authorization of
appropriations in section 2601(1)(A), the Secretary of
Defense may make a contribution to the State of Colorado
under paragraph (4) or (5) of section 2233(a) of title 10,
United States Code, in connection with the relocation of the
Colorado State Area Command Armory to Englewood, Colorado,
and the improvement of such relocated armory.
(b) Computation of Amount of Contribution.--Notwithstanding
section 2236(b) of title 10, United States Code, in computing
the cost of construction under such section for purposes of
making the contribution authorized under subsection (a), the
Secretary of Defense may consider the cost or market value of
the buildings and other improvements contributed by the State
of Colorado in connection with the relocation of the Colorado
State Area Command Armory. The amount of the Federal
contribution for such armory under paragraph (4) or (5) of
section 2233(a) of such title, as authorized by subsection
(a), may not exceed $2,725,000.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except
as provided in subsection (b), all authorizations contained
in titles XXI through XXVI for military construction
projects, land acquisition, family housing projects and
facilities, and contributions to the North Atlantic Treaty
Organization Infrastructure program (and authorizations of
appropriations therefor) shall expire on the later of--
(1) October 1, 1997; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 1998.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Infrastructure program (and authorizations of appropriations
therefor), for which appropriated funds have been obligated
before the later of--
(1) October 1, 1997; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 1998 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Infrastructure program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1992 PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 1992
(division B of Public Law 102-190; 105 Stat. 1535),
authorizations for the projects set forth in the tables in
subsection (b), as provided in section 2101, 2102, 2201,
2301, or 2601 of that Act, shall remain in effect until
October 1, 1995, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
1996, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are
as follows:
Army: Extension of 1992 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Colorado................................ Fort Carson............... Family Housing New
Construction (1 Unit).... $150,000
Georgia................................. Fort Benning.............. General Instruction
Facility................. $2,150,000
Fort Stewart.............. Family Housing New
Construction (120 Units). $9,700,000
Oregon.................................. Umatilla Depot Activity... Ammunition
Demilitarization Support
Facility................. $3,600,000
Ammunition
Demilitarization
Utilities................ $7,500,000
----------------------------------------------------------------------------------------------------------------
Navy: Extension of 1992 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Mississippi............................. Gulfport Naval
Construction Battalion
Center................... Controlled Humidity
Warehouse................ $7,000,000
West Virginia........................... Green Bank Naval
Observatory.............. Alternate Operations
Center................... $5,400,000
Italy................................... Sigonella Naval Air
Station.................. Operations Control Center. $9,850,000
Sicily Naval
Communications Station... Satellite terminal........ $2,750,000
Outside United States................... Various locations......... Satellite terminals....... $10,570,000
----------------------------------------------------------------------------------------------------------------
Air Force: Extension of 1992 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................. Eareckson (formerly
Shemya) Air Force Station Hazardous Materials
Storage.................. $4,000,000
Arizona................................. Davis Monthan Air Force
Base..................... Wastewater Treatment
Facility................. $4,100,000
California.............................. Beale Air Force Base...... Munitions Maintenance
Facility................. $2,700,000
Delaware................................ Dover Air Force Base...... Additions and Alterations
Child Development Center. $2,600,000
Kansas.................................. McConnell Air Force Base.. Temporary Lodging Facility $2,700,000
Maryland................................ Andrews Air Force Base.... Upgrade Mystic Star....... $2,700,000
North Carolina.......................... Pope Air Force Base....... Child Development Center.. $2,050,000
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 1992 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Stockton.................. Additions and Alterations
Combined Support
Maintenance Shop......... $1,613,000
District of Columbia.................... Fort Belvoir.............. Army Aviation Support
Facility................. $2,765,000
Maryland................................ Cheltenham................ Armory/Maintenance Shop... $3,300,000
Towson.................... Direct Logistics Warehouse $373,000
Mississippi............................. West Point................ Maintenance Shop.......... $1,270,000
Tupelo.................... Maintenance Shop.......... $992,000
[[Page 1719]]
Senatobia................. Maintenance Shop.......... $723,000
Nevada.................................. Washoe County............. Maintenance Shop.......... $1,050,000
North Carolina.......................... Camp Butner............... Range..................... $986,000
Ohio.................................... Toledo.................... Armory.................... $3,183,000
Rhode Island............................ Camp Varnum............... Sewer and Water System.... $578,000
Camp Fogarty.............. Armory.................... $5,151,000
West Virginia........................... Huntington................ Guard and Reserve Center.. $2,983,000
----------------------------------------------------------------------------------------------------------------
Army Reserve: Extension of 1992 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
Massachusetts........................... Taunton................... Reserve Center............ $3,526,000
Ohio.................................... Perrysburg................ Reserve Center Addition... $2,749,000
Pennsylvania............................ Johnstown................. Army and Marine Corps
Aviation Facility........ $30,224,000
Tennessee............................... Jackson................... Joint Training Facility... $1,537,000
West Virginia........................... Huntington................ Guard and Reserve Center.. $6,617,000
----------------------------------------------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1991 PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 1991
(division B of Public Law 101-510; 104 Stat. 1782), the
authorizations for the projects set forth in the tables in
subsection (b), as provided in section 2201, 2301, or 2401 of
that Act and extended by section 2702(a) of the Military
Construction Authorization Act for Fiscal Year 1992 (division
B of Public Law 102-190; 105 Stat. 1535) and section 2702 of
the Military Construction Authorization Act for Fiscal Year
1994 (division B of Public Law 103-160; 107 Stat. 1880),
shall remain in effect until October 1, 1995, or the date of
the enactment of an Act authorizing funds for military
construction for fiscal year 1996, whichever is later.
(b) Table.--The tables referred to in subsection (a) is as
follows:
Navy: Extension of 1991 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Connecticut............................. New London Naval Submarine
Base..................... Thames River Dredging..... $5,300,000
----------------------------------------------------------------------------------------------------------------
Air Force: Extension of 1991 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Beale Air Force Base...... Student Dormitory......... $3,650,000
Colorado................................ Buckley Air National Guard
Base..................... Child Development Center.. $4,550,000
Hawaii.................................. Schofield Barracks........ Combat Arms Training/
Maintenance Facility..... $1,400,000
----------------------------------------------------------------------------------------------------------------
Defense Agencies: Extension of 1991 Project Authorization
----------------------------------------------------------------------------------------------------------------
State location Project Amount
----------------------------------------------------------------------------------------------------------------
Maryland................................ Defense Logistics Agency,
Defense Reutilization and
Marketing Office, Fort
Meade.................... Covered Storage........... $9,500,000
----------------------------------------------------------------------------------------------------------------
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take
effect on the later of--
(1) October 1, 1994; or
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. LIMITATION ON REPAIR OF EXISTING FACILITIES.
(a) Application of Limitation To Major Repairs.--Section
2811 of title 10, United States Code, is amended to read as
follows:
``Sec. 2811. Repair of facilities
``(a) Repairs Using Operations and Maintenance Funds.--
Using funds available to the Secretary concerned for
operation and maintenance, the Secretary concerned may carry
out repair projects for an entire single-purpose facility or
one or more functional areas of a multipurpose facility.
``(b) Approval Required for Major Repairs.--A repair
project costing more than $5,000,000 may not be carried out
under this section unless approved in advance by the
Secretary concerned. In determining the total cost of a
repair project, the Secretary shall include all phases of a
multi-year repair project to a single facility. In
considering a repair project for approval, the Secretary
shall ensure that the project is consistent with force
structure plans, that repair of the facility is more cost
effective than replacement, and that the project is an
appropriate use of operation and maintenance funds.
``(c) Prohibition on New Construction or Additions.--
Construction of new facilities or additions to existing
facilities may not be carried out under the authority of this
section.''.
(b) Clerical Amendment.--The item relating to such section
in the table of sections at the beginning of subchapter I of
chapter 169 of title 10, United States Code, is amended to
read as follows:
``2811. Repair of facilities''.
SEC. 2802. CLARIFICATION OF REQUIREMENT FOR NOTIFICATION OF
CONGRESS OF IMPROVEMENTS IN FAMILY HOUSING
UNITS.
Section 2825(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(3) The limitation contained in the first sentence of
paragraph (1) does not apply to a project for the improvement
of a family housing unit or units referred to in that
sentence if the project (including the amount requested for
the project) is identified in the budget materials submitted
to Congress by the Secretary of Defense in connection with
the submission to Congress of the budget for
a fiscal year pursuant to section 1105 of title 31.''.
SEC. 2803. LIMITED PARTNERSHIPS FOR NAVY HOUSING.
(a) Authority for Housing Partnerships.--Subchapter II of
chapter 169 of title 10, United States Code, is amended by
adding at the end the following new section:
``Sec. 2837. Limited partnerships with private developers of
housing
``(a) Limited Partnerships.--(1) In order to meet the
housing requirements of members of the naval service, and the
dependents of such members, at a military installation
described in paragraph (2), the Secretary of the Navy may
enter into a limited partnership with one or more private
developers to encourage the construction of housing and
accessory structures within commuting distance of the
installation. The Secretary may contribute not less than five
percent, but not more than 35 percent, of the development
costs under a limited partnership.
``(2) Paragraph (1) applies to a military installation
under the jurisdiction of the Secretary at which there is a
shortage of suitable housing to meet the requirements of
members and dependents referred to in such paragraph.
``(b) Collateral Incentive Agreements.--The Secretary may
also enter into collateral
[[Page 1720]]
incentive agreements with private developers who enter into a
limited partnership under subsection (a) to ensure that,
where appropriate--
``(1) a suitable preference will be afforded members of the
naval service in the lease or purchase, as the case may be,
of a reasonable number of the housing units covered by the
limited partnership; or
``(2) the rental rates or sale prices, as the case may be,
for some or all of such units will be affordable for such
members.
``(c) Selection of Investment Opportunities.--(1) The
Secretary shall use publicly advertised, competitively bid or
competitively negotiated, contracting procedures, as provided
in chapter 137 of this title, to enter into limited
partnerships under subsection (a).
``(2) When a decision is made to enter into a limited
partnership under subsection (a), the Secretary shall submit
a report in writing to the appropriate committees of Congress
on that decision. Each such report shall include the
justification for the limited partnership, the terms and
conditions of the limited partnership, a description of the
development costs for projects under the limited partnership,
and a description of the share of such costs to be incurred
by the Secretary. The Secretary may then enter into the
limited partnership only after the end of the 21-day period
beginning on the date the report is received by such
committees.
``(d) Account.--(1) There is hereby established on the
books of the Treasury an account to be known as the `Navy
Housing Investment Account'.
``(2) There shall be deposited into the Account--
``(A) such funds as may be authorized for and appropriated
to the Account; and
``(B) any proceeds received by the Secretary from the
repayment of investments or profits on investments of the
Secretary under subsection (a).
``(3) In such amounts as is provided in advance in
appropriation Acts, the Account shall be available for
contracts, investments, and expenses necessary for the
implementation of this section.
``(4) The Secretary may not enter into a contract in
connection with a limited partnership under subsection (a) or
a collateral incentive agreement under subsection (b) unless
the Account contains sufficient funds, as of the time the
contract is entered into, to satisfy the total obligations to
be incurred by the United States under the contract.
``(e) Navy Housing Investment Board.--(1) The Secretary of
the Navy shall establish a board to be known as the `Navy
Housing Investment Board', which shall have the duties--
``(A) of advising the Secretary regarding those proposed
limited partnerships under subsection (a), if any, that are
financially and otherwise sound investments for meeting the
objectives of this section;
``(B) of administering the Account established under
subsection (d); and
``(C) of assisting the Secretary in such other ways as the
Secretary determines to be necessary and appropriate to carry
out this section.
``(2) The Navy Housing Investment Board shall be composed
of seven members appointed for a two-year term by the
Secretary. Among such members, the Secretary may appoint two
persons from the private sector who have knowledge and
experience in the financing and the construction of housing.
The Secretary shall designate one of the members as
chairperson of the Board.
``(3) Members of the Navy Housing Investment Board, other
than those members regularly employed by the Federal
Government, may be paid while attending meetings of the Board
or otherwise serving at the request of the Secretary,
compensation at a rate equal to the daily equivalent of the
minimum annual rate of basic pay payable for level IV of the
Executive Schedule under section 5315 of title 5 for each day
(including travel time) during which the member is engaged in
the actual performance of duties vested in the Board. Members
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with section 5702 and 5703 of
title 5.
``(4) The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Navy Housing Investment Board.
``(f) Report.--Not later than 60 days after the end of each
fiscal year in which the Secretary carries out activities
under this section, the Secretary shall transmit to Congress
a report specifying the amount and nature of the deposits
into, and the expenditures from, the Account during such
fiscal year and of the amount and nature of all other
expenditures made pursuant to such section during such fiscal
year.
``(g) Transfer of Navy Lands Prohibited.--Nothing in this
section shall be construed to permit the Secretary, as part
of a limited partnership entered into under this section, to
transfer the right, title, or interest of the United States
in any real property under the jurisdiction of the Secretary.
``(h) Expiration and Termination of Authorities.--(1) The
authority of the Secretary to enter into a limited
partnership under this section shall expire on September 30,
1999.
``(2) The Navy Housing Investment Board shall terminate on
November 30, 1999.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``2837. Limited partnerships with private developers of housing.''.
SEC. 2804. REIMBURSEMENT FOR SERVICES PROVIDED BY THE
DEPARTMENT OF DEFENSE INCIDENT TO CONSTRUCTION,
MAINTENANCE, OR REPAIR PROJECTS TO REAL
PROPERTY.
(a) Fixed Rate for Reimbursement for Certain Services.--
Section 2205 of title 10, United States Code, is amended--
(1) by inserting ``(a) Availability of Reimbursements.--''
before the first sentence; and
(2) by adding at the end the following new subsection:
``(b) Fixed Rate for Reimbursement for Certain Services.--
The Secretary of Defense and the Secretaries of the military
departments may charge a fixed rate for reimbursement of the
costs of providing planning, supervision, administrative, or
overhead services incident to any construction, maintenance,
or repair project to real property or for providing facility
services, irrespective of the appropriation financing the
project or facility services.''.
(b) Conforming Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 2205. Reimbursements''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 131 of title 10, United
States Code, is amended to read as follows:
``2205. Reimbursements.''.
SEC. 2805. AUTHORITY TO PAY CLOSING COSTS UNDER HOMEOWNERS
ASSISTANCE PROGRAM.
Section 1013(c) of the Demonstration Cities and
Metropolitan Development Act of 1966 (42 U.S.C. 3374(c)) is
amended by inserting after the first sentence the following
new sentence: ``The Secretary may also pay a person who
elects to receive a cash payment under clause (1) of the
preceding sentence an amount that the Secretary determines
appropriate to reimburse the person for the costs incurred by
the person in the sale of the property if the Secretary
determines that such payment will benefit the person and is
in the best interest of the Federal Government.''.
Subtitle B--Defense Base Closure and Realignment
SEC. 2811. PROHIBITION AGAINST CONSIDERATION IN BASE CLOSURE
PROCESS OF ADVANCE CONVERSION PLANNING
UNDERTAKEN BY POTENTIAL AFFECTED COMMUNITIES.
(a) Department of Defense Recommendations.--Subsection
(c)(3) of section 2903 of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) is amended--
(1) by inserting ``(A)'' before ``In considering''; and
(2) by adding at the end the following new subparagraphs:
``(B) In considering military installations for closure or
realignment, the Secretary may not take into account for any
purpose any advance conversion planning undertaken by an
affected community with respect to the anticipated closure or
realignment of an installation.
``(C) For purposes of subparagraph (B), in the case of a
community anticipating the economic effects of a closure or
realignment of a military installation, advance conversion
planning--
``(i) shall include community adjustment and economic
diversification planning undertaken by the community before
an anticipated selection of a military installation in or
near the community for closure or realignment; and
``(ii) may include the development of contingency
redevelopment plans, plans for economic development and
diversification, and plans for the joint use (including
civilian and military use, public and private use, civilian
dual use, and civilian shared use) of the property or
facilities of the installation after the anticipated closure
or realignment.''.
(b) Commission Recommendations.--Subsection (d)(2) of such
section is amended by adding at the end the following new
subparagraph:
``(E) In making recommendations under this paragraph, the
Commission may not take into account for any purpose any
advance conversion planning undertaken by an affected
community with respect to the anticipated closure or
realignment of a military installation.''.
SEC. 2812. CONSULTATION REGARDING PERSONAL PROPERTY LOCATED
AT MILITARY INSTALLATIONS TO BE CLOSED.
(a) Closures Under 1988 Act.--(1) Section 204(b)(3)(D) of
the Defense Authorization Amendments and Base Closure and
Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note) is
amended by adding at the end the following new sentence: ``In
connection with the development of the redevelopment plan for
the installation, the Secretary shall consult with the entity
responsible for developing the redevelopment plan to identify
the items of personal property located at the installation,
if any, that the entity desires to be retained at the
installation for reuse or redevelopment of the
installation.''.
(b) Closures Under 1990 Act.--Section 2905(b)(3)(D) of the
Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is
amended by adding at the end the following new sentence: ``In
connection with the development of the redevelopment plan for
the installation, the Secretary shall consult with the entity
responsible for developing the redevelopment plan to identify
the items of personal property located at the installation,
if any, that the entity desires to
[[Page 1721]]
be retained at the installation for reuse or redevelopment of
the installation.''.
SEC. 2813. CLARIFYING AND TECHNICAL AMENDMENTS TO BASE
CLOSURE LAWS.
(a) Clarification of Scope of Termination of Authority
Under 1988 Act.--Section 202(c) of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law
100-526; 10 U.S.C. 2687 note) is amended--
(1) by striking out ``The authority'' and inserting in lieu
thereof ``(1) Except as provided in paragraph (2), the
authority''; and
(2) by adding at the end the following new paragraph:
``(2) The termination of authority set forth in paragraph
(1) shall not apply to the authority of the Secretary to
carry out environmental restoration and waste management at,
or disposal of property of, military installations closed or
realigned under this title.''.
(b) Use of Unobligated Funds in 1988 Account for
Environmental Restoration and Property Disposal.--Section
207(a)(5) of such Act is amended--
(1) by striking out ``Unobligated funds'' and inserting in
lieu thereof ``(A) Except as provided in subparagraph (B),
unobligated funds''; and
(2) by adding at the end the following new subparagraph:
``(B) The Secretary may, after the termination of authority
referred to in subparagraph (A), use any unobligated funds
referred to in that subparagraph that are not transferred in
accordance with that subparagraph to carry out environmental
restoration and waste management at, or disposal of property
of, military installations closed or realigned under this
title.''.
(c) Clarification of Disposal Authority.--
(1) Under 1988 act.--Section 204(b)(1) of such Act is
amended in the matter above paragraph (1) by striking out
``real property and facilities'' and inserting in lieu
thereof ``real property, facilities, and personal property''.
(2) Under 1990 act.--Section 2905(b)(1) of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) is amended in the
matter above paragraph (1) by striking out ``real property
and facilities'' and inserting in lieu thereof ``real
property, facilities, and personal property''.
(d) Definition of Redevelopment Authority.--
(1) Under 1988 act.--Section 209(10) of the Defense
Authorization Amendments and Base Closure and Realignment Act
(Public Law 100-526; 10 U.S.C. 2687 note) is amended by
striking out ``and for'' and inserting in lieu thereof ``or
for''.
(2) Under 1990 act.--Section 2910(9) of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) is amended by
striking out ``and for'' and inserting in lieu thereof ``or
for''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall take effect as if included in the amendments
made by section 2918 of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat.
1927).
(e) Cross Reference.--
(1) Under 1988 act.--Section 204(b)(5)(A) of the Defense
Authorization Amendments and Base Closure and Realignment Act
(Public Law 100-526; 10 U.S.C. 2687 note) is amended by
striking out ``subsection (b)(1)'' and inserting in lieu
thereof ``paragraph (1)''.
(2) Under 1990 act.--Section 2905(b)(5)(A) of the Defense
Base Closure and Realignment Act of 1990 (part A of title
XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended
by striking out ``subsection (b)(1)'' and inserting in lieu
thereof ``paragraph (1)''.
SEC. 2814. GOVERNMENT RENTAL OF FACILITIES LOCATED ON CLOSED
MILITARY INSTALLATIONS.
(a) Authorization To Rent Base Closure Properties.--To
promote the rapid conversion of military installations that
are closed pursuant to a base closure law, the Administrator
of the General Services may give priority consideration, when
leasing space in accordance with the Public Buildings Act of
1959 (40 U.S.C. 601 et seq.) and the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.),
to facilities of such an installation that have been acquired
by a non-Federal entity.
(b) Base Closure Law Defined.--For purposes of this
section, the term ``base closure law'' means each of the
following:
(1) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note).
(2) Title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note).
SEC. 2815. REPORT OF EFFECT OF BASE CLOSURES ON FUTURE
MOBILIZATION OPTIONS.
(a) Report Required.--The Secretary of Defense shall
prepare a report evaluating the effect of base closures and
realignments conducted since January 1, 1987, on the ability
of the Armed Forces to remobilize to the end strength levels
authorized for fiscal year 1987 by sections 401, 403, 411,
412, and 421 of the National Defense Authorization Act for
Fiscal Year 1987 (Public Law 99-661; 100 Stat. 3859). The
report shall identify those military construction projects,
if any, that would be necessary to facilitate such
remobilization and any defense assets disposed of under a
base closure or realignment, such as air space, that would be
difficult to reacquire in the event of such remobilization.
(b) Time for Submission.--Not later than January 31, 1996,
the Secretary shall submit to the congressional defense
committees the report required by this section.
SEC. 2816. RESTORATION OF ANNUAL LEAVE FOR CIVILIAN EMPLOYEES
IN CONNECTION WITH CERTAIN BASE REALIGNMENTS.
(a) Restoration Required.--Section 6304(d)(3) of title 5,
United States Code, is amended--
(1) by striking ``(3)'' and inserting ``(3)(A)'';
(2) by striking ``closure of'' and inserting ``closure of,
and any realignment with respect to,''; and
(3) by adding at the end the following new subparagraph:
``(B) For the purpose of subparagraph (A), the term
`realignment' means a base realignment (as defined in
subsection (e)(3) of section 2687 of title 10) that meets the
requirements of subsection (a)(2) of such section.''.
(b) Application of Amendments.--The amendments made by
subsection (a) shall apply only with respect to the
restoration of annual leave of employees at military
installations undergoing realignment if such leave is lost by
operation of section 6304 of title 5, United States Code, on
or after the date of the enactment of this Act.
SEC. 2817. AGREEMENTS OF SETTLEMENT FOR RELEASE OF
IMPROVEMENTS AT OVERSEAS MILITARY
INSTALLATIONS.
(a) Agreements Subject to OMB Review.--Subsection (g) of
section 2921 of the Military Construction Authorization Act
for Fiscal Year 1991 (division B of Public Law 101-510; 10
U.S.C. 2687 note) is amended by inserting after the first
sentence the following: ``The prohibition set forth in the
preceding sentence shall apply only to agreements of
settlement for improvements having a value in excess of
$10,000,000.''.
(b) Reports to Congress.--Such subsection is further
amended--
(1) by inserting ``(1)'' before ``The Secretary of
Defense''; and
(2) by adding at the end the following:
``(2) Each year, the Secretary shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on each proposed agreement of
settlement that was not submitted by the Secretary to the
Director of the Office of Management and Budget in the
previous year under paragraph (1) because the value of the
improvements to be released pursuant to the proposed
agreement did not exceed $10,000,000.''.
Subtitle C--Changes to Existing Land Conveyance Authority
SEC. 2821. ADDITIONAL LESSEE OF PROPERTY AT NAVAL SUPPLY
CENTER, OAKLAND, CALIFORNIA.
Section 2834(b) the Military Construction Authorization Act
for Fiscal Year 1993 (division B of Public Law 102-484; 106
Stat. 2614) is amended--
(1) is paragraph (1)--
(A) by striking out ``City'' the second place it appears
and inserting in lieu thereof ``Cities''; and
(B) by inserting ``the City of Alameda, California,'' after
``California,'' the first place it appears; and
(2) in paragraphs (2) and (3), by striking out ``City''
each place it appears and inserting in lieu thereof
``Cities''.
SEC. 2822. MODIFICATIONS OF LAND CONVEYANCE, FORT A.P. HILL
MILITARY RESERVATION, VIRGINIA.
(a) Participation of Additional Political Subdivisions in
Regional Correctional Facility.--Subparagraph (B) of
subsection (c)(3) of section 603 of the Persian Gulf Conflict
Supplemental Authorization and Personnel Benefits Act of 1991
(Public Law 102-25; 105 Stat. 108) is amended to read as
follows:
``(B) Subparagraph (A) shall not be construed to prohibit
any political subdivision not named in such subparagraph
from--
``(i) participating initially in the written agreement
referred to in paragraph (2); or
``(ii) agreeing at a later date to participate as a member
of the governmental entity referred to in paragraph (2)(A),
or by contract with such entity, in the construction or
operation of the regional facility to be constructed on the
parcel of land conveyed under this section.''.
(b) Time for Construction and Operation of Correctional
Facility.--(1) Subsection (d)(1)(A)(i) of such section is
amended by striking out ``not later than 24 months after the
date of the enactment of this Act'' and inserting in lieu
thereof ``not later than April 1, 1997''.
(2) The Secretary of the Army shall provide the recipient
of the conveyance of property under section 603 of such Act
with such legal instrument as is appropriate to modify, in
accordance with the amendment made by paragraph (1), any
statement of conditions contained in any existing instrument
which conveyed the property to that recipient. The Secretary
shall record the instrument in the appropriate office or
offices of the Commonwealth of Virginia or political
subdivision within the Commonwealth.
SEC. 2823. PRESERVATION OF CALVERTON PINE BARRENS, NAVAL
WEAPONS INDUSTRIAL RESERVE PLANT, NEW YORK, AS
NATURE PRESERVE.
(a) Preservation as Nature Preserve Required.--Section 2854
of the Military Construction Authorization Act for Fiscal
Year 1993 (division B of Public Law 102-484; 106 Stat. 2626)
is amended--
(1) by redesignating subsections (a) and (b) as subsections
(c) and (d), respectively; and
[[Page 1722]]
(2) by inserting before subsection (c), as so redesignated,
the following new subsections:
``(a) Purpose.--It is the purpose of this section to ensure
that the Calverton Pine Barrens is maintained and preserved,
in perpetuity, as a nature preserve in its current
undeveloped state.
``(b) Prohibition on Inconsistent Development.--The
Secretary of the Navy shall not carry out or permit any
development, commercial or residential, at the Calverton Pine
Barrens that is inconsistent with the purpose specified in
subsection (a).''.
(b) Conforming Amendments.--Subsection (c) of such section,
as redesignated by subsection (a)(1), is amended--
(1) by striking out ``Prohibition.--'' and inserting in
lieu therefore ``Reversionary Interest.--''; and
(2) by striking out ``for commercial purposes'' and all
that follows through the period and inserting in lieu thereof
``in a manner inconsistent with the purpose specified in
subsection (a) (as determined by the head of the department
or agency making the conveyance).''.
SEC. 2824. RELEASE OF REVERSIONARY INTEREST RETAINED AS PART
OF CONVEYANCE OF ELECTRICITY DISTRIBUTION
SYSTEM, FORT DIX, NEW JERSEY.
Section 2846 of the Military Construction Authorization Act
for Fiscal Year 1994 (division B of Public Law 103-160; 107
Stat. 1904) is amended--
(1) by striking out subsection (f); and
(2) by redesignating subsections (g) and (h) as subsections
(f) and (g), respectively.
SEC. 2825. MODIFICATION OF LAND CONVEYANCE, FORT KNOX,
KENTUCKY.
Section 2816 of the Military Construction Authorization Act
for Fiscal Years 1990 and 1991 (division B of Public Law 101-
189; 103 Stat. 1655) is amended--
(1) in subsection (c)(1), by striking out ``for the
construction of up to four units of military family housing
at Fort Knox, Kentucky'' and inserting in lieu thereof ``for
improvements to military family housing at Fort Knox,
Kentucky, in an amount not to exceed $255,000'';
(2) by striking out subsection (d); and
(3) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively.
SEC. 2826. REVISIONS TO RELEASE OF REVERSIONARY INTEREST, OLD
SPANISH TRAIL ARMORY, HARRIS COUNTY, TEXAS.
(a) Clerical Amendments.--Section 2820 of the Military
Construction Authorization Act for Fiscal Year 1994 (division
B of Public Law 103-160; 107 Stat. 1894) is amended--
(1) in subsection (a), by striking out ``1936'' and
inserting in lieu thereof ``1956''; and
(2) in subsection (b)(1), by striking out ``value'' and
inserting in lieu thereof ``size''.
(b) Payment for Survey.--Subsection (c) of such section is
amended by adding at the end the following new sentence:
``The cost of the survey shall be borne by the State of
Texas.''.
SEC. 2827. MODIFICATION OF HEIGHT RESTRICTION IN AVIGATION
EASEMENT.
(a) Modification.--Section 6 of the Act of July 2, 1948 (62
Stat. 1229), as added by section 2862 of the Military
Construction Authorization Act for Fiscal Year 1991 (division
B of Public Law 101-510; 104 Stat. 1805), is amended by
adding at the end the following new sentence: ``In addition,
such height restriction shall not apply to the structure
proposed to be constructed on a parcel of real property that
is within the area conveyed under this Act and is identified
as 1110 Santa Rosa Boulevard, Fort Walton Beach, Florida, so
long as the proposed structure upon completion does not
exceed a height of 155 feet above mean low-water level.''.
(b) Instrument of Release.--The Secretary of the Air Force
shall execute and file in the appropriate office any
instrument necessary to effect the modification of the
avigation easement referred to in the amendment made by
subsection (a).
SEC. 2828. TECHNICAL AMENDMENT TO CORRECT REFERENCE IN LAND
TRANSACTION.
Section 2842(c) of the Military Construction Authorization
Act for Fiscal Year 1994 (division B of Public Law 103-160;
107 Stat. 1898) is amended by striking out ``Washington Gas
Company'' and inserting in lieu thereof ``American Water
Company''.
Subtitle D--Land Conveyances
SEC. 2831. LAND CONVEYANCE, AIR FORCE PLANT NO. 3, TULSA,
OKLAHOMA.
(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, without consideration, to the City of Tulsa,
Oklahoma (in this section referred to as the ``City''), all
right, title, and interest of the United States in and to a
parcel of real property, including any improvements thereon,
which consists of approximately 337 acres located in Tulsa,
Oklahoma, and is known as Air Force Plant No. 3. The
Secretary may also convey facilities, equipment, and fixtures
(including special tooling and special test equipment)
located on the parcel to be conveyed if the Secretary
determines that manufacturing activities requiring the use of
such facilities, equipment, and fixtures are likely to
continue or be reinstated on the parcel after conveyance of
the parcel.
(b) Lease Authority.--Until such time as the real property
described in subsection (a) is conveyed by deed, the
Secretary may lease the property, along with improvements
thereon, to the City in exchange for security services, fire
protection, and maintenance provided by the City for the
property.
(c) Condition of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the condition that
the City, directly or through an agreement with a public or
private entity, use the conveyed property (or offer the
conveyed property for use) for economic redevelopment to
replace all or a part of the economic activity being lost at
the parcel.
(d) Reversionary Interest.--During the 5-year period
beginning on the date the Secretary makes the conveyance
authorized under subsection (a), if the Secretary determines
that the conveyed real property is not being used in
accordance with subsection (c), all right, title, and
interest in and to the property (including any facilities,
equipment, or fixtures conveyed) shall revert to the United
States, and the United States shall have the right of
immediate entry onto the property. Any determination of the
Secretary under this subsection shall be made on the record
after an opportunity for a hearing.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of such survey shall be borne by
the City.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) or a lease under
subsection (b) as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2832. LAND CONVEYANCE, AIR FORCE PLANT NO. 59, JOHNSON
CITY (WESTOVER), NEW YORK.
(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, without consideration, to the Broome County
Industrial Development Authority (in this section referred to
as the ``Authority''), all right, title, and interest of the
United States in and to a parcel of real property, including
any improvements thereon, containing Air Force Plant No. 59,
Johnson City (Westover), New York. The Secretary may also
convey facilities, equipment, and fixtures (including special
tooling and special test equipment) located on the parcel to
be conveyed if the Secretary determines that manufacturing
activities requiring the use of such facilities, equipment,
and fixtures are likely to continue or be reinstituted on the
parcel after conveyance of the parcel.
(b) Lease Authority.--Until such time as the real property
described in subsection (a) is conveyed by deed, the
Secretary may lease the property, along with improvements
thereon, to the Authority in exchange for security services,
fire protection, and maintenance provided by the Authority
for the property.
(c) Condition of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the condition that
the Authority, directly or through an agreement with another
public or private entity, use the conveyed property (or offer
the conveyed property for use) for economic redevelopment to
replace all or a part of the economic activity being lost at
Air Force Plant No. 59.
(d) Reversionary Interest.--During the 5-year period
beginning on the date the Secretary makes the conveyance
authorized under subsection (a), if the Secretary determines
that the conveyed real property is not being used in
accordance with subsection (c), all right, title, and
interest in and to the property (including any facilities,
equipment, or fixtures conveyed) shall revert to the United
States, and the United States shall have the right of
immediate entry onto the property. Any determination of the
Secretary under this subsection shall be made on the record
after an opportunity for a hearing.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of such survey shall be borne by
the Authority.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) or a lease under
subsection (b) as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2833. LAND CONVEYANCE, NAVAL WEAPONS INDUSTRIAL RESERVE
PLANT, CALVERTON, NEW YORK.
(a) In General.--The Secretary of the Navy may convey,
without consideration, to the Community Development Agency of
the Town of Riverhead, New York (in this section referred to
as the ``Community Development Agency''), all right, title
and interest of the United States in and to a parcel of land,
and improvements thereon, consisting of approximately 2,900
acres and comprising a portion of the Naval Weapons
Industrial Reserve Plant, Calverton, New York.
(b) Condition of Conveyance.--(1) The conveyance authorized
under subsection (a) shall be subject to the condition that
the Community Development Agency, directly or through an
agreement with another public or private entity, use the
conveyed property (or offer the conveyed property for use)
for economic redevelopment to replace all or a part of the
economic activity lost at the Naval Weapons Industrial
Reserve Plant.
(2) The Community Development Agency shall carry out
economic redevelopment under paragraph (1) in accordance with
any redevelopment plan or plans prepared with respect to the
Naval Weapons Industrial Reserve Plant by a planning
commission that represents entities or organizations having
an interest in land use in the region in which the plant is
located.
(c) Reversionary Interest.--During the 5-year period
beginning on the date the Sec-
[[Page 1723]]
retary makes the conveyance authorized under subsection (a),
if the Secretary determines that the conveyed real property
is not being used in accordance with subsection (b)(1), all
right, title and interest in and to the property, including
improvements thereon, shall revert to the United States, and
the United States shall have the right of immediate entry
onto the property. Any determination of the Secretary under
this subsection shall be made on the record after an
opportunity for a hearing.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of such survey shall be borne by
the Community Development Agency.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance authorized by subsection (a) as the
Secretary considers to be necessary to protect the interests
of the United States.
SEC. 2834. LAND CONVEYANCE, RADAR BOMB SCORING SITE,
DICKINSON, NORTH DAKOTA.
(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, without consideration, to the North Dakota Board
of Higher Education (in this section referred to as the
``Board'') all right, title, and interest of the United
States in and to a parcel of real property (including any
improvements thereon) consisting of approximately 4 acres
located in Dickinson, North Dakota, which has served as the
location of a support complex, recreational facilities, and
housing facilities for the Radar Bomb Scoring Site,
Dickinson, North Dakota.
(b) Condition of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the condition that
the Board--
(1) use the property, recreational facilities, and housing
facilities conveyed under such subsection for housing,
recreation, and other purposes that, as determined by the
Secretary, will promote and enhance educational opportunities
provided by Dickinson State University; or
(2) enter into an agreement with an appropriate public or
private entity to lease such property and facilities to that
entity for such uses.
(c) Reversionary Interest.--During the 5-year period
beginning on the date the Secretary makes the conveyance
authorized under subsection (a), if the Secretary determines
that the conveyed property is not being used in accordance
with subsection (b), all right, title, and interest in and to
the conveyed property, including any improvements thereon,
shall revert to the United States, and the United States
shall have the right of immediate entry onto the property.
Any determination of the Secretary under this subsection
shall be made on the record after an opportunity for a
hearing.
(d) Description of Property.--The exact acreage and legal
description of the property conveyed under this section shall
be determined by a survey satisfactory to the Secretary. The
cost of such survey shall be borne by the Board.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under this section as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2835. LAND CONVEYANCE, FINLEY AIR FORCE STATION, FINLEY
NORTH DAKOTA.
(a) Conveyance Authorized.--(1) Subject to subsection (c),
the Secretary of the Air Force may convey, without
consideration, to the City of Finley, North Dakota (in this
section referred to as the ``City''), with the consent of the
City, all right, title, and interest of the United States in
and to a parcel of real property consisting of approximately
12 acres, including improvements thereon, located 1.5 miles
west of Finley, North Dakota, which has served as a support
complex, recreational facilities, and housing facilities for
the Finley Air Force Station and Radar Site, Finley, North
Dakota.
(2) The parcel of property to be conveyed under paragraph
(1) shall include real property referred to in that paragraph
that is the location of a housing complex, the location of a
waste water treatment system, and the former site of a
trailer court.
(3) The purpose of the conveyance authorized under
paragraph (1) is to encourage and facilitate economic
redevelopment of Finley, North Dakota, following the closure
of the Air Force Station and Radar Site.
(b) Condition of Conveyance.--The conveyance required under
subsection (a)(1) shall be subject to the condition that the
City--
(1) use the property and recreational facilities conveyed
under that subsection for housing and recreation purposes; or
(2) enter into an agreement with an appropriate public or
private entity or person to sell or lease the property and
facilities to that entity or person for such uses.
(c) Effective Date of Conveyance.--The conveyance required
under subsection (a)(1) shall occur, if at all, not earlier
than January 1, 1995, and not later than June 30, 1995.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a)(1) shall be determined by a survey
satisfactory to the Secretary. The cost of such survey shall
be borne by the City.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a)(1) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2836. LAND CONVEYANCE, CORNHUSKER ARMY AMMUNITION PLANT,
HALL COUNTY, NEBRASKA.
(a) Conveyance Authorized.--Subject to subsection (b), the
Secretary of the Army may convey to the Hall County,
Nebraska, Board of Supervisors (in this section referred to
as the ``Board''), or the designee of the Board, all right,
title and interest of the United States in and to the real
property, together with any improvements thereon, located in
Hall County, Nebraska, that is the site of the Cornhusker
Army Ammunition Plant.
(b) Requirement Relating to Conveyance.--The Secretary may
not carry out the conveyance authorized under subsection (a)
until the Secretary completes any environmental restoration
required with respect to the property to be conveyed.
(c) Utilization of Property.--The Board or its designee, as
the case may be, shall utilize the real property conveyed
under subsection (a) in a manner consistent with the
Cornhusker Army Ammunition Plant Reuse Committee
Comprehensive Reuse Plan.
(d) Consideration.--In consideration for the conveyance
under subsection (a), the Board or its designee, as the case
may be, shall pay to the United States an amount equal to the
fair market value of the real property to be conveyed, as
determined by the Secretary.
(e) Use of Proceeds.--(1) The Secretary shall deposit in
the special account established under section 204(h)(2) of
the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 485(h)(2)) the amount received from the Board or
its designee under subsection (d).
(2) Notwithstanding subparagraph (A) of such section
204(h)(2), the Secretary may use the entire amount deposited
in the special account under paragraph (1) for the purposes
set forth in subparagraph (B) of such section 204(h)(2).
(f) Description of Property.--The exact acreage and legal
description of the property conveyed under this section shall
be determined by a survey satisfactory to the Secretary. The
cost of the survey shall be borne by the Board or its
designee, as the case may be.
(g) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under this section as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2837. LAND CONVEYANCE, HAWTHORNE ARMY AMMUNITION PLANT,
MINERAL COUNTY, NEVADA.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to Mineral County, Nevada, all
right, title, and interest of the United States in and to a
parcel consisting of approximately 440 acres located at the
Hawthorne Army Ammunition Plant, Mineral County, Nevada, and
commonly referred to as the Babbitt Housing Site.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
Mineral County, Nevada.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under this section as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2838. LAND CONVEYANCE, FORT DIX, NEW JERSEY.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the City of Edison, New
Jersey (in this section referred to as the ``City''), all
right, title, and interest of the United States in and to a
parcel of real property (including improvements thereon)
included on the real property inventory of Fort Dix, New
Jersey, which consists of approximately 10 acres and contains
recreational fields and an unused garage identified as
building 1072 on the real property inventory.
(b) Condition of Conveyance.--The conveyance required by
subsection (a) shall be subject to the condition that the
City--
(1) maintain and use the recreational fields conveyed under
such subsection for recreational purposes; and
(2) permit the women's softball team known as the Edison
Angels (and any successor to such team) to continue to use
such recreational fields on the same terms and conditions as
contained in the agreement between the team and the
Secretary, in existence on the date of the enactment of this
Act.
(c) Reversionary Interest.--If the Secretary determines
that the City is not complying with the conditions specified
in subsection (b), all right, title, and interest of the City
in and to the property conveyed under subsection (a)
(including improvements thereon) shall revert to the United
States, and the United States shall have the right of
immediate reentry on the property.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Secretary. The cost of such survey shall be borne by the
City.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Sec-
[[Page 1724]]
retary considers appropriate to protect the interests of the
United States.
SEC. 2839. LAND CONVEYANCE, DEFENSE FUEL SUPPLY POINT, CASCO
BAY, MAINE.
(a) Conveyance Authorized.--Subject to subsection (b), the
Secretary of the Navy may convey, without consideration, to
the Town of Harpswell, Maine (in this section referred to as
the ``Town''), all right, title, and interest of the United
States in and to a parcel of real property, together with any
improvements (other than underground fuel storage facilities
and above-ground fuel storage facilities) thereon and the
pier associated therewith, consisting of approximately 118
acres and located in Harpswell, Maine, the location of the
Defense Fuel Supply Point, Casco Bay, Maine.
(b) Requirements Relating to Conveyance.--The Secretary may
not make the conveyance authorized under subsection (a) until
the Secretary of Defense--
(1) completes the removal from the parcel of all
underground fuel storage facilities and above-ground fuel
storage facilities; and
(2) notifies the Secretary of the Navy that the Secretary
of Defense has carried out the requirements set forth in
section 120(h) of the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 (42 U.S.C. 9620(h))
with respect to the parcel.
(c) Description of Property.--The exact acreage and legal
description of the property conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary
of the Navy. The cost of the survey shall be borne by the
Town.
(d) Additional Terms and Conditions.--The Secretary of the
Navy may require such additional terms and conditions in
connection with the conveyance under subsection (a) as the
Secretary considers appropriate to protect the interests of
the United States.
SEC. 2840. LAND CONVEYANCE, ARMY RESERVE FACILITY, RIO VISTA,
CALIFORNIA.
(a) Conveyance Authorized.--The Secretary of the Army may
convey to the City of Rio Vista, California (in this section
referred to as the ``City''), all right, title, and interest
of the United States in and to a parcel of real property
(including improvements thereon) containing the Reserve
training facility located in Rio Vista, California.
(b) Condition of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the condition that
the City use the property for recreational purposes.
(c) Consideration.--In recognition of the public use to
which the conveyed property will be devoted, the Secretary
may require the City to pay to the United States an amount
equal to less than the fair market value of the property, as
determined by the Secretary, as consideration for the
conveyance under subsection (a).
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection
(a) shall be determined by a survey that is satisfactory to
the Secretary. The cost of such survey shall be borne by the
City.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2841. LEASE OF PROPERTY, NAVAL SHIPYARD, VALLEJO,
CALIFORNIA.
(a) Lease Authorized.--The Secretary of the Navy may lease,
without consideration, to the City of Vallejo, California (in
this section referred to as the ``City''), the real property
(including improvements thereon) described in subsection (b),
which is located on Mare Island in Vallejo, California, and
is currently under the control of Mare Island Naval Shipyard
Command.
(b) Covered Property.--The parcel of real property to be
leased under subsection (a) shall consist of all existing
active dredge ponds and nontidal areas on Mare Island under
the jurisdiction of the Navy, except that the parcel shall
not include the nontidal areas identified in figure 3 of the
Memorandum of Understanding between the United State Fish and
Wildlife Service and Mare Island Naval Shipyard, dated July
28, 1988.
(c) Lease Terms.--The lease authorized under subsection
(a)--
(1) may be for a period of not more than 15 years; and
(2) shall provide that the City--
(A) retain environmental responsibility for all actions of
the City on the property subject to the lease; and
(B) hold harmless, indemnify, and defend the United States
from and against any suit, claim, demand or action,
liability, judgment, cost or other fee arising out of any
claim for injury or damage that results from, or is in any
manner predicated upon activities of the City on the leased
property during the term of the lease.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the lease under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2842. LEASE OF PROPERTY, NAVAL RADIO RECEIVING FACILITY,
IMPERIAL BEACH, CORONADO, CALIFORNIA.
(a) Lease Authorized.--The Secretary of the Navy may lease
to the Young Men's Christian Association of San Diego County,
a California nonprofit public benefit corporation (in this
section referred to as the ``YMCA''), such interests in a
parcel of real property (including any improvements thereon)
consisting of approximately 45 acres at the Naval Radio
Receiving Facility, Imperial Beach, Coronado, California, as
the Secretary considers appropriate for the YMCA to operate
and maintain a summer youth residence camp known as the YMCA
San Diego Unified Recreational Facility (Camp SURF). Pursuant
to the lease, the Secretary may authorize the YMCA to
construct facilities on the parcel.
(b) Lease Terms.--The lease authorized in subsection (a)
shall be for a period of 50 years, or such longer period as
the Secretary determines to be in the best interests of the
United States.
(c) Consideration.--As consideration for the lease of real
property under subsection (a), the YMCA shall--
(1) agree to maintain and enhance the natural resources of
the leased premises; and
(2) pay to the United States an amount in cash equal to the
difference between the rental price prescribed by the
Secretary under subsection (d) and the value of natural
resources maintenance and enhancements performed by the YMCA,
as determined by the Secretary.
(d) Determination of Rental Price.--Acknowledging the
benefits the YMCA has provided to the Armed Forces and the
specific benefits Camp Surf provides to the children of San
Diego, the Secretary may prescribe a rental price for the
real property leased under subsection (a) that is less than
fair market rental value.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the lease under subsection (a) as the Secretary
considers appropriate to protect the operation of the Naval
Radio Receiving Facility, Imperial Beach, and to protect the
interests of the United States.
SEC. 2843. AUTHORITY FOR OXNARD HARBOR DISTRICT, PORT
HUENEME, CALIFORNIA, TO USE CERTAIN NAVY
PROPERTY.
(a) Joint Use Agreement Authorized.--The Secretary of the
Navy may enter into an agreement with the Oxnard Harbor
District, Port Hueneme, California, a special district of the
State of California (in this section referred to as the
``District''), under which the District may use United States
Navy Wharf Number 3 and associated real property comprising
up to 25 acres located at the Naval Construction Battalion
Center, Port Hueneme, California (in this section referred to
as the ``Center'').
(b) Term of Agreement.--The agreement authorized under
subsection (a) may be for an initial period of not more than
15 years. Under the agreement, the Secretary shall provide
the District with an option to extend the agreement for three
additional periods of 5 years each.
(c) Restrictions on Use.--The agreement authorized under
subsection (a) shall require the District--
(1) to suspend operations under the agreement in the event
Navy contingency operations are conducted at the Center; and
(2) to use the property covered by the agreement in a
manner consistent with Navy operations conducted at the
Center.
(d) Consideration.--(1) As consideration for the use of the
property covered by the agreement under subsection (a), the
District shall pay to the Navy an amount equal to the fair
market rental value of the property, as determined by the
Secretary taking into consideration the District's use of the
property.
(2) The Secretary may include a provision in the agreement
requiring the District--
(A) to pay the Navy an amount (as determined by the
Secretary) to cover the costs of replacing at the Center any
facilities vacated by the Navy on account of the agreement or
to construct suitable replacement facilities for the Navy;
and
(B) to pay the Navy an amount (as determined by the
Secretary) for the costs of relocating Navy operations from
the vacated facilities to the replacement facilities.
(e) Congressional Notification.--The Secretary may not
enter into the agreement authorized by subsection (a) until
the end of the 21-day period beginning on the date on which
the Secretary submits to Congress a report containing an
explanation of the terms of the proposed agreement and a
description of the consideration that the Secretary expects
to receive under the agreement.
(f) Use of Payment.--(1) In such amounts as is provided in
advance in appropriation Acts, the Secretary may use amounts
paid under subsection (d)(1) to pay for general supervision,
administration, and overhead expenses and for improvement,
maintenance, repair, construction, or restoration to the port
operations area (or to roads and railways serving the area)
at the Center.
(2) In such amounts as is provided in advance in
appropriation Acts, the Secretary may use amounts paid under
subsection (d)(2) to pay for constructing new facilities, or
making modifications to existing facilities, that are
necessary to replace facilities vacated by the Navy on
account of the agreement under subsection (a) and for
relocating operations of the Navy from the vacated facilities
to replacement facilities.
(g) Construction by District.--The Secretary may authorize
the District to demolish existing facilities located on the
property covered by the agreement under subsection (a) and,
consistent with the restriction specified in subsection
(c)(2), construct new facilities on the property for joint
use by the District and the Navy.
[[Page 1725]]
(h) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the agreement authorized under subsection (a) as the
Secretary considers appropriate to protect the interests of
the United States.
SEC. 2844. TRANSFER OF JURISDICTION, AIR FORCE HOUSING AT
RADAR BOMB SCORING SITE, HOLBROOK, ARIZONA.
(a) Transfer Authorized.--As part of the closure of an Air
Force Radar Bomb Scoring Site located near Holbrook, Arizona,
the Secretary of the Air Force may transfer, without
reimbursement, the administrative jurisdiction,
accountability, and control of the housing units and
associated support facilities used in connection with the
site to the Secretary of the Interior for use in connection
with Petrified Forest National Park.
(b) Description of Property.--The exact acreage and legal
description of the real property to be transferred under
subsection (a) shall be determined by a survey satisfactory
to the Secretary of the Air Force and the Secretary of the
Interior.
(c) Additional Terms and Conditions.--The Secretary of the
Air Force may require such additional terms and conditions in
connection with the transfer of real property under
subsection (a) as the Secretary considers appropriate.
SEC. 2845. TRANSFER OF JURISDICTION, HOLLOMAN AIR FORCE BASE,
NEW MEXICO.
(a) In General.--Subject to subsections (c) through (g),
not later than 90 days after the date of enactment of this
Act, the Secretary of the Interior shall transfer to the
Department of the Air Force, without reimbursement,
jurisdiction and control of approximately 1,262 acres of
public lands described in subsection (b). Such public lands
are located in Otero County, New Mexico, and are contiguous
to Holloman Air Force Base.
(b) Description of Lands Transferred.--The lands described
in this subsection are as follows:
(1) T17S, R8E, Section 21: S\1/2\ N\1/2\: 160 acres
E\1/2\ NW\1/4\ 20 acres
NE\1/4\:
NE\1/4\ NE\1/4\: 40 acres
(2) T17S, R8E, Section 22: W\1/2\: 320 acres
W\1/2\ E\1/2\: 160 acres
(3) T17S, R8E, Section 27: All that part 192 acres more or
north of New less
Mexico Highway 70
except for the
E\1/2\ E\1/2\
(4) T17S, R8E, Section 28: NE\1/4\: 160 acres
N\1/2\ SE\1/4\: 80 acres
SW\1/4\ SE\1/4\: 40 acres
W\1/2\ SE\1/4\ 20 acres
SE\1/4\:
(5) T17S, R8E, Section 33: NW\1/4\ NE\1/4\: 40 acres
NW\1/4\ NE\1/4\ 10 acres
NE\1/4\:
W\1/2\ SW\1/4\ 20 acres
NE\1/4\:
(c) Use of Transferred Land.--The lands transferred to the
Department of the Air Force under subsection (a) shall be
used by the Secretary of the Air Force for the construction
of new evaporation ponds to support a wastewater treatment
facility that the Secretary shall construct at Holloman Air
Force Base.
(d) Cattle Grazing Rights.--
(1) In general.--The United States recognizes a grazing
preference on the lands transferred to the Department of the
Air Force under subsection (a).
(2) Adjustment of grazing allotment.--(A) The Secretary of
the Air Force shall take such action as is necessary to
ensure that--
(i) the boundary of the grazing allotment that contains the
lands transferred to the Department of the Air Force is
adjusted in such manner as to retain the portion of the
allotment located south of United States Highway 70 in New
Mexico and remove the portion of the lands that is located
north of such highway; and
(ii) the grazing preference referred to in paragraph (1) is
retained by means of transferring the preference for the area
removed from the allotment under subparagraph (A) to public
lands located south of such highway.
(B) The Secretary of the Air Force shall offer to enter
into an agreement with each person who holds a permit for
grazing on the lands transferred to the Department of the Air
Force at the time of the transfer to provide for the
continued grazing by livestock on the portion of the lands
located south of such highway.
(e) Additional Requirements.--
(1) National environmental policy act of 1969.--The
Secretary of the Air Force shall ensure that the transfer
made pursuant to subsection (a) and the use specified in
subsection (c) meet any applicable requirements of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(2) Environmental laws.--The Secretary of the Air Force
shall use and manage the lands transferred under the
authority in subsection (a) in such manner as to ensure
compliance with applicable environmental laws (including
regulations) of the Federal Government and State of New
Mexico, and political subdivisions thereof.
(3) Responsibility for cleanup of hazardous substances.--
Upon the transfer of the lands under subsection (a), the
Secretary of the Air Force shall assume any existing or
subsequent responsibility for the cost of response for
release of hazardous substances (as defined in section
101(14) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601(14)))
located on or within the lands transferred.
(4) Mining.--The transfer of lands under subsection (a)
shall be made in such manner as to ensure the continuation of
valid, existing rights under the mining laws and the mineral
leasing and geothermal leasing laws of the United States.
Subject to the preceding sentence, upon the transfer of the
lands, mining and mineral management activities shall be
carried out in the lands in a manner consistent with the
policies of the Department of Defense concerning mineral
exploration and extraction on lands under the jurisdiction of
the Department.
(f) Rights-Of-Way.--The transfer of lands under subsection
(a) shall not affect the following rights-of-way:
(1) The right-of-way granted to the Otero County Electric
Cooperative, numbered NMNM 58293.
(2) The right-of-way granted to U.S. West Corporation,
numbered NMNM 59261.
(3) The right-of-way granted to the Highway Department of
the State of New Mexico, numbered LC0 54403.
(g) Public Access.--
(1) In general.--Except as provided in paragraph (2), the
Secretary of the Air Force shall permit public access to the
lands transferred under subsection (a).
(2) Construction site.--The Secretary of the Air Force may
not permit public access to the immediate area affected by
the construction of a wastewater treatment facility in the
area with the legal description of T17S, R8E, Section 22,
except that the Secretary of the Air Force shall permit
public access on an adjoining unfenced parcel of land--
(A) located along the west boundary of such area; and
(B) that is 50 feet in width.
(3) Public uses.--Except as provided in paragraph (2), the
Secretary of the Air Force shall permit, on the lands
transferred under subsection (a), public uses that are
consistent with the public uses on adjacent lands under the
jurisdiction of the Secretary of the Interior.
(4) Permit not required.--The Secretary of the Air Force
may not require a permit for access authorized under this
subsection to the lands transferred under subsection (a).
(5) Entry gate.--The Secretary of the Air Force shall
ensure that the entry gate to the lands transferred under
subsection (a) that is located along United States Highway 70
shall be open to the public.
SEC. 2846. TRANSFER OF JURISDICTION, FORT DEVENS,
MASSACHUSETTS.
(a) Transfer Authorized.--The Secretary of the Army may
transfer, without reimbursement, administrative jurisdiction
of approximately 800 acres of land at Fort Devens,
Massachusetts, to the Secretary of the Interior for inclusion
in the Oxbow National Wildlife Refuge, Massachusetts. The
exact acreage of the land subject to the transfer shall be
jointly determined by the Secretary of the Army and the
Secretary of the Interior, in consultation with the Joint
Boards of Selectmen of the towns of Harvard, Ayer, Shirley,
and Lancaster in the State of Massachusetts and the
Massachusetts Land Bank.
(b) Administration of Land.--The Secretary of the Interior
shall administer the land transferred under this section in
accordance with all laws applicable to areas in the National
Wildlife Refuge System.
(c) Description of Property.--The exact acreage and legal
description of the property to be transferred under this
section shall be determined by a survey satisfactory to the
Secretary of the Army and the Secretary of the Interior.
SEC. 2847. RELEASE OF REQUIREMENTS AND REVERSIONARY INTEREST
ON CERTAIN PROPERTY IN BALTIMORE, MARYLAND.
(a) Release Authorized.--The Secretary of Defense may
release, without consideration, the requirements and the
reversionary interest of the United States that are described
in section 2 of the Act entitled ``An Act granting a site for
a dry-dock in the city of Baltimore upon certain
conditions'', approved June 19, 1878 (Chapter 310; 20 Stat.
167).
(b) Additional Terms and Conditions.--The Secretary may
require such additional terms or conditions in connection
with the release required under this section as the Secretary
considers appropriate to protect the interests of the United
States.
(c) Instrument of Release.--The Secretary may execute and
file in the appropriate office a deed of release, amended
deed, or other appropriate instrument effectuating the
release of the reversionary interest under this section.
SEC. 2848. RELEASE OF REVERSIONARY INTEREST ON CERTAIN
PROPERTY IN YORK COUNTY AND JAMES CITY COUNTY,
VIRGINIA, AND NEWPORT NEWS, VIRGINIA.
(a) Release Authorized.--The Secretary of the Navy may
release, without consideration, the reversionary interest of
the United States in the real property conveyed by the deed
described in subsection (b).
(b) Deed Description.--The deed referred to in subsection
(a) is a deed between the United States and the Commonwealth
of Virginia dated August 17, 1966, which conveyed to the
Commonwealth of Virginia certain parcels of land located in
York County and James City County, Virginia, and the city of
Newport News, Virginia.
(c) Additional Terms.--The Secretary may require such terms
or conditions in connection with the release under this
section as the Secretary considers appropriate to protect the
interests of the United States and to ensure that the real
property will continue to be used for public purposes.
[[Page 1726]]
(d) Instrument of Release.--The Secretary may execute and
file in the appropriate office or offices a deed of release,
amended deed, or other appropriate instrument effectuating
the release of the reversionary interest under this section.
Subtitle E--Other Matters
SEC. 2851. JOINT CONSTRUCTION CONTRACTING FOR COMMISSARIES
AND NONAPPROPRIATED FUND INSTRUMENTALITY
FACILITIES.
(a) Single Contract Construction.--Section 2685 of title
10, United States Code, is amended by adding at the end the
following new subsection:
``(d)(1) The Secretary of a military department may
authorize a nonappropriated fund instrumentality of the
United States to enter into a contract for construction of a
shopping mall or similar facility for a commissary store and
one or more nonappropriated fund instrumentality activities.
The Secretary may use the proceeds of adjustments or
surcharges authorized by subsection (a) to reimburse the
nonappropriated fund instrumentality for the portion of the
cost of the contract that is attributable to construction of
the commissary store or to pay the contractor directly for
that portion of such cost.
``(2) In paragraph (1), the term `construction', with
respect to a facility, includes acquisition, conversion,
expansion, installation, or other improvement of the
facility.''.
(b) Obligation of Anticipated Proceeds.--Subsection (c) of
such section is amended by inserting ``or (d)'' after
``subsection (b)'' both places it appears.
SEC. 2852. NATIONAL GUARD FACILITY CONTRACTS SUBJECT TO
PERFORMANCE SUPERVISION BY ARMY OR NAVY.
(a) Contracts Subject To Supervision.--Subsection (a) of
section 2237 of title 10, United States Code, is amended by
striking out ``under any provision'' and all that follows
through ``and (4)'' and inserting in lieu thereof ``under
section 2233(a)(1)''.
(b) Conforming Amendment.--Subsection (b) of such section
is amended by striking out ``section 2233(a)(2), (3), or
(4)'' and inserting in lieu thereof ``paragraph (2), (3),
(4), (5), or (6) of section 2233(a)''.
SEC. 2853. REPEAL OF RESTRICTIONS ON LAND TRANSACTIONS
RELATING TO PRESIDIO OF SAN FRANCISCO,
CALIFORNIA.
Section 2856 of the Military Construction Authorization Act
for Fiscal Year 1994 (division B of Public Law 103-160; 107
Stat. 1908) is repealed.
SEC. 2854. REPORT ON USE OF FUNDS FOR ENVIRONMENTAL
RESTORATION AT CORNHUSKER ARMY AMMUNITION
PLANT, HALL COUNTY, NEBRASKA.
(a) Report Required.--The Secretary of the Army shall
submit to Congress a report describing the manner in which
funds available to the Army for operation and maintenance
(including funds in the Defense Environmental Restoration
Account established under section 2703(a)(1) of title 10,
United States Code) will be used by the Secretary for
environmental restoration and maintenance of the real
property that comprises the Cornhusker Army Ammunition Plant,
Hall County, Nebraska.
(b) Contents.--The report shall include the following:
(1) The funding plan for environmental restoration at the
Cornhusker Army Ammunition Plant.
(2) A legal opinion stating whether any portion of the
funds to be used for such environmental restoration may be
used for the repair of the roads at the Plant in order to
bring such roads into compliance with applicable State and
local public works codes.
(3) A survey of the roads at the Plant that identifies
which roads, if any, are in need of repair in order to bring
the roads at the Plant into compliance with such codes.
(4) An estimate of the cost of the repair of the roads
referred to in paragraph (3) in order to bring the roads into
compliance.
(5) An explanation of the purpose, cost, and source of
funds for any proposed preservation of documents or other
materials relating to the cultural, historical, and natural
resources associated with the Plant.
(c) Submission of Report.--The Secretary shall submit the
report required by this section not later than May 1, 1995.
SEC. 2855. ENGINEERING, DESIGN, CONSTRUCTION, AND RELATED
SERVICES FOR WOMEN IN MILITARY SERVICE FOR
AMERICA MEMORIAL.
The Secretary of the Army is authorized, upon request by
the Women in Military Service for America Memorial
Foundation, Inc., to provide engineering, design,
construction management, and related services, directly or by
contract, to the Women in Military Service for America
Memorial Foundation, Inc., on a reimbursable basis, for the
purpose of repair, restoration, and preservation of the main
gate structures, center plaza, and hemicycle of the Arlington
National Cemetery, Arlington, Virginia, and the construction
of the Women in Military Service for America Memorial.
SEC. 2856. SENSE OF THE SENATE ON AUTHORIZATION OF FUNDS FOR
MILITARY CONSTRUCTION PROJECTS NOT REQUESTED IN
THE PRESIDENT'S ANNUAL BUDGET REQUEST.
(a) Sense of the Senate.--It is the sense of the Senate
that, to the maximum extent practicable, the Senate should
consider the authorization for appropriation of funds for a
military construction project not included in the annual
budget request of the Department of Defense only if--
(1) the project is consistent with past actions under the
base closure laws;
(2) the project is included in the military construction
plan of the military department concerned incorporated in the
Future Years Defense Program;
(3) the project is necessary for reasons of the national
security of the United States; and
(4) a contract for construction of the project can be
awarded in that fiscal year.
(b) Views of the Secretary of Defense.--In considering
these criteria, the Senate should obtain the views of the
Secretary of Defense. These views should include whether
funds for a military construction project not included in the
budget request can be offset by funds for other programs,
projects, or activities, including military construction
projects, in the budget request and, if so, the specific
offsetting reductions recommended by the Secretary of
Defense.
(c) Base Closure Laws Defined.--For purposes of this
section, the term ``base closure laws'' means each of the
following:
(1) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note).
(2) Title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note).
(3) Section 2687 of title 10, United States Code.
(4) Any other similar law enacted after the date of the
enactment of this Act.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
SEC. 3101. WEAPONS ACTIVITIES.
(a) Research and Development.--Subject to subsection (e),
funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1995 for research and
development in carrying out weapons activities necessary for
national security programs in the amount of $1,321,937,000,
to be allocated as follows:
(1) For core research and development, $777,251,000, to be
allocated as follows:
(A) For operating expenses, $649,341,000.
(B) For capital equipment, $59,420,000.
(C) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$68,490,000, to be allocated as follows:
Project GPD-101, general plant projects, various locations,
$4,500,000.
Project 95-D-102, Chemical and Metallurgy Research Building
upgrades, Los Alamos National Laboratory, New Mexico,
$3,300,000.
Project 94-D-102, nuclear weapons research, development,
and testing facilities revitalization, Phase V, various
locations, $13,000,000.
Project 92-D-102, nuclear weapons research, development,
and testing facilities revitalization, Phase IV, various
locations, $21,810,000.
Project 90-D-102, nuclear weapons research, development,
and testing facilities revitalization, Phase III, various
locations, $4,900,000.
Project 88-D-106, nuclear weapons research, development,
and testing facilities revitalization, Phase II, various
locations, $20,980,000.
(2) For operating expenses for stockpile stewardship,
$152,419,000.
(3) For inertial fusion, $176,473,000, to be allocated as
follows:
(A) For operating expenses, $166,755,000.
(B) For capital equipment, $9,718,000.
(4) For technology transfer, $215,794,000, to be allocated
as follows:
(A) For operating expenses, $209,794,000.
(B) For capital equipment, $6,000,000.
(b) Testing.--Subject to subsection (e), funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 1995 for testing in carrying out weapons
activities necessary for national security programs in the
amount of $208,000,000, to be allocated as follows:
(1) For weapons programs, $201,000,000, to be allocated as
follows:
(A) For testing capabilities and readiness, $165,000,000.
(B) For capital equipment, $15,000,000.
(C) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$21,000,000, to be allocated as follows:
Project GPD-101, general plant projects, various locations,
$4,000,000.
Project 93-D-102, Nevada support facility, North Las Vegas,
Nevada, $17,000,000.
(2) For Marshall Islands dose reconstruction, $7,000,000,
to be allocated as follows:
(A) For operating expenses, $6,530,000.
(B) For capital equipment, $470,000.
(c) Stockpile Support.--Subject to subsection (e), funds
are hereby authorized to be appropriated to the Department of
Energy for fiscal year 1995 for stockpile support in carrying
out weapons activities necessary for national security
programs in the amount of $1,698,556,000, to be allocated as
follows:
(1) For operating expenses for stockpile support,
$1,476,785,000.
(2) For operating expenses for reconfiguration,
$94,271,000.
(3) For capital equipment, $20,180,000.
[[Page 1727]]
(4) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$107,320,000, to be allocated as follows:
Project 88-D-122, facilities capability assurance program,
various locations, $14,820,000.
Project GPD-121, general plant projects, various locations,
$1,000,000.
Project 95-D-123, replacement transportation safeguards
division aviation facility, Albuquerque, New Mexico,
$2,000,000.
Project 95-D-122, sanitary sewer upgrade Y-12 Plant, Oak
Ridge, Tennessee, $2,200,000.
Project 94-D-124, hydrogen fluoride supply system, Y-12
Plant, Oak Ridge, Tennessee, $6,300,000.
Project 94-D-125, upgrade life safety, Kansas City Plant,
Kansas City, Missouri, $1,000,000.
Project 94-D-127, emergency notification system, Pantex
Plant, Amarillo, Texas, $1,000,000.
Project 94-D-128, environmental safety and health
analytical laboratory, Pantex Plant, Amarillo, Texas,
$1,000,000.
Project 93-D-122, life safety upgrades, Y-12 Plant, Oak
Ridge, Tennessee, $5,000,000.
Project 88-D-123, security enhancements, Pantex Plant,
Amarillo, Texas, $15,000,000.
Project 93-D-123, complex-21, various locations,
$58,000,000.
(d) Program Direction.--Subject to subsection (e), funds
are hereby authorized to be appropriated to the Department of
Energy for fiscal year 1995 for program direction in carrying
out weapons activities necessary for national security
programs in the amount of $159,852,000, to be allocated as
follows:
(1) For operating expenses for weapons program direction,
$157,498,000.
(2) For capital equipment, $2,354,000.
(e) Adjustments.--The total amount authorized to be
appropriated pursuant to this section is the sum of the
amounts authorized to be appropriated in subsections (a)
through (d) reduced by the sum of--
(1) $143,276,000, for use of prior year balances; and
(2) $11,000,000, for savings resulting from procurement
reform.
SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.
(a) Corrective Activities.--Subject to subsection (h),
funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1995 for corrective
activities in carrying out environmental restoration and
waste management activities necessary for national security
programs in the amount of $512,000, all of which shall be
available for the following plant project (including
maintenance, restoration, planning, construction,
acquisition, modification of facilities, and land acquisition
related thereto):
Project 92-D-403, tank upgrades project, Lawrence Livermore
National Laboratory, California.
(b) Environmental Restoration.--(1) Subject to paragraph
(2), funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1995 for environmental
restoration for operating expenses in carrying out
environmental restoration and waste management activities
necessary for national security programs in the amount of
$1,518,549,000.
(2) Subject to subsection (h), the amount authorized to be
appropriated pursuant to this subsection is the amount
authorized to be appropriated in paragraph (1) reduced by
$133,900,000, as a result of the productivity savings
initiative.
(c) Waste Management.--(1) Subject to paragraph (2), funds
are hereby authorized to be appropriated to the Department of
Energy for fiscal year 1995 for waste management in carrying
out environmental restoration and waste management activities
necessary for national security programs in the amount of
$2,855,772,000, to be allocated as follows:
(A) For operating expenses, $2,390,066,000.
(B) For capital equipment, $90,790,000.
(C) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$374,916,000, to be allocated as follows:
Project GPD-171, general plant projects, various locations,
$16,832,000.
Project 95-E-600, hazardous materials training center,
Richland, Washington, $7,000,000.
Project 95-D-401, radiological support facilities,
Richland, Washington, $1,585,000.
Project 95-D-402, install permanent electrical service,
Waste Isolation Pilot Plant, New Mexico, $700,000.
Project 95-D-403, hazardous waste storage facility, Mound
Plant, Miamisburg, Ohio, $597,000.
Project 95-D-405, industrial landfill V and construction
demolition landfill VII, Y-12 Plant, Oak Ridge, Tennessee,
$1,000,000.
Project 95-D-406, road 5-01 reconstruction, area 5, Nevada
Test Site, Nevada, $2,338,000.
Project 95-D-407, 219-S secondary containment upgrade,
Richland, Washington, $2,000,000.
Project 95-D-408, Phase II liquid effluent treatment and
disposal, Richland, Washington, $7,100,000.
Project 94-D-400, high explosive wastewater treatment
system, Los Alamos National Laboratory, Los Alamos, New
Mexico, $1,000,000.
Project 94-D-402, liquid waste treatment system, Nevada
Test Site, Nevada, $3,292,000.
Project 94-D-404, Melton Valley storage tank capacity
increase, Oak Ridge National Laboratory, Oak Ridge,
Tennessee, $21,373,000.
Project 94-D-406, low-level waste disposal facilities, K-
25, Oak Ridge, Tennessee, $6,000,000.
Project 94-D-407, initial tank retrieval systems, Richland,
Washington, $17,700,000.
Project 94-D-408, office facilities--200 East, Richland,
Washington, $4,000,000.
Project 94-D-411, solid waste operation complex, Richland,
Washington, $42,200,000.
Project 94-D-416, solvent storage tanks installation,
Savannah River, South Carolina, $1,700,000.
Project 94-D-417, intermediate-level and low-activity waste
vaults, Savannah River, South Carolina, $300,000.
Project 93-D-174, plant drain waste water treatment
upgrades, Y-12 Plant, Oak Ridge, Tennessee, $1,400,000.
Project 93-D-178, building 374 liquid waste treatment
facility, Rocky Flats, Golden, Colorado, $3,300,000.
Project 93-D-181, radioactive liquid waste line
replacement, Richland, Washington, $3,300,000.
Project 93-D-182, replacement of cross-site transfer
system, Richland, Washington, $14,810,000.
Project 93-D-183, multi-tank waste storage facility,
Richland, Washington, $88,605,000.
Project 93-D-187, high-level waste removal from filled
waste tanks, Savannah River, South Carolina, $26,525,000.
Project 92-D-177, tank 101-AZ waste retrieval system,
Richland, Washington, $5,000,000.
Project 92-D-188, waste management ES&H, and compliance
activities, various locations, $2,846,000.
Project 91-D-171, waste receiving and processing facility,
module 1, Richland, Washington, $3,995,000.
Project 90-D-172, aging waste transfer line, Richland,
Washington, $3,819,000.
Project 90-D-177, RWMC transuranic (TRU) waste
characterization and storage facility, Idaho National
Engineering Laboratory, Idaho, $1,747,000.
Project 90-D-178, TSA retrieval containment building, Idaho
National Engineering Laboratory, Idaho, $7,594,000.
Project 89-D-173, tank farm ventilation upgrade, Richland,
Washington, $300,000.
Project 89-D-174, replacement high-level waste evaporator,
Savannah River, South Carolina, $18,000,000.
Project 86-D-103, decontamination and waste treatment
facility, Lawrence Livermore National Laboratory, California,
$5,900,000.
Project 83-D-148, nonradioactive hazardous waste
management, Savannah River, South Carolina, $6,000,000.
Project 81-T-105, defense waste processing facility,
Savannah River, South Carolina, $45,058,000.
(2) Subject to subsection (h), the total amount authorized
to be appropriated pursuant to this subsection is the sum of
the amounts authorized to be appropriated in paragraph (1)
reduced by $160,800,000, as a result of the productivity
savings initiative.
(d) Technology Development.--Subject to subsection (h),
funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1995 for technology
development in carrying out environmental restoration and
waste management activities necessary for national security
programs in the amount of $405,759,000, to be allocated as
follows:
(1) For operating expenses, $380,974,000.
(2) For capital equipment, $24,785,000.
(e) Transportation Management.--Subject to subsection (h),
funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1995 for transportation
management in carrying out environmental restoration and
waste management activities necessary for national security
programs in the amount of $20,684,000, to be allocated as
follows:
(1) For operating expenses, $20,240,000.
(2) For capital equipment, $444,000.
(f) Program Direction.--Subject to subsection (h), funds
are hereby authorized to be appropriated to the Department of
Energy for fiscal year 1995 for program direction in carrying
out environmental restoration and waste management activities
necessary for national security programs in the amount of
$84,948,000, to be allocated as follows:
(1) For operating expenses, $83,748,000.
(2) For capital equipment, $1,200,000.
(g) Facility Transition and Management.--(1) Subject to
paragraph (2), funds are hereby authorized to be appropriated
to the Department of Energy for fiscal year 1995 for facility
transition and management in carrying out environmental
restoration and waste management activities necessary for
national security programs in the amount of $772,967,000, to
be allocated as follows:
(A) For operating expenses, $676,884,000.
(B) For capital equipment, $18,947,000.
(C) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$77,136,000, to be allocated as follows:
Project GPD-171, general plant projects, various locations,
$15,211,000.
Project 95-D-454, 324 facility compliance/renovation,
Richland, Washington, $1,500,000.
Project 95-D-456, security facilities upgrade, Idaho
Chemical Processing Plant,
[[Page 1728]]
Idaho National Engineering Laboratory, Idaho, $986,000.
Project 94-D-122, underground storage tanks, Rocky Flats,
Golden, Colorado, $2,500,000.
Project 94-D-401, emergency response facility, Idaho
National Engineering Laboratory, Idaho, $5,219,000.
Project 94-D-412, 300 area process sewer piping system
upgrade, Richland, Washington, $7,800,000.
Project 94-D-415, medical facilities, Idaho National
Engineering Laboratory, Idaho, $4,920,000.
Project 94-D-451, infrastructure replacement, Rocky Flats
Plant, Golden, Colorado, $10,600,000.
Project 93-D-172, electrical upgrade, Idaho National
Engineering Laboratory, Idaho, $7,800,000.
Project 93-D-184, 325 facility compliance/renovation,
Richland, Washington, $1,000,000.
Project 93-D-186, 200 area unsecured core area fabrication
shop, Richland, Washington, $4,000,000.
Project 92-D-125, master safeguards and security agreement/
materials surveillance task force security upgrades, Rocky
Flats Plant, Golden, Colorado, $2,100,000.
Project 92-D-181, INEL fire and life safety improvements,
Idaho National Engineering Laboratory, Idaho, $6,000,000.
Project 92-D-182, INEL sewer system upgrade, Idaho National
Engineering Laboratory, Idaho, $1,900,000.
Project 92-D-186, steam system rehabilitation, Phase II,
Richland, Washington, $5,600,000.
(2) Subject to subsection (h), the total amount authorized
to be appropriated pursuant to this subsection is the sum of
the amounts authorized to be appropriated in paragraph (1)
reduced by $5,000,000, as a result of the productivity
savings initiative.
(h) Adjustments.--The total amount authorized to be
appropriated pursuant to this section is the sum of the
amounts authorized to be appropriated in subsections (a),
(b)(2), (c)(2), (d), (e), (f), and (g)(2) reduced by the sum
of--
(1) $249,300,000, for use of prior year balances; and
(2) $17,500,000, for savings resulting from procurement
reform.
SEC. 3103. NUCLEAR MATERIALS SUPPORT AND OTHER DEFENSE
PROGRAMS.
(a) Materials Support.--Subject to subsection (d), funds
are hereby authorized to be appropriated to the Department of
Energy for fiscal year 1995 for materials support in carrying
out nuclear materials support necessary for national security
programs in the amount of $902,255,000, to be allocated as
follows:
(1) For reactor operations, $163,634,000.
(2) For processing of nuclear materials, $410,468,000.
(3) For support services, $167,776,000.
(4) For capital equipment, $39,427,000.
(5) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$64,950,000, to be allocated as follows:
Project GPD-146, general plant projects, various locations,
$15,000,000.
Project 95-D-155, upgrade site road infrastructure,
Savannah River, South Carolina, $750,000.
Project 95-D-156, radio trunking system, Savannah River,
South Carolina, $2,100,000.
Project 95-D-157, D-area powerhouse life extension,
Savannah River, South Carolina, $4,000,000.
Project 95-D-158, disassembly basin upgrades K, L, and P,
Savannah River, South Carolina, $13,000,000.
Project 93-D-147, domestic water system upgrade, Phases I
and II, Savannah River, South Carolina, $11,300,000.
Project 93-D-148, replace high-level drain lines, Savannah
River, South Carolina, $2,700,000.
Project 93-D-152, environmental modification for production
facilities, Savannah River, South Carolina, $2,900,000.
Project 92-D-143, health protection instrument calibration
facility, Savannah River, South Carolina, $3,000,000.
Project 90-D-149, plantwide fire protection, Phases I and
II, Savannah River, South Carolina, $5,000,000.
Project 92-D-150, operations support facilities, Savannah
River, South Carolina, $2,000,000.
Project 92-D-153, engineering support facility, Savannah
River, South Carolina, $3,200,000.
(6) For program direction, $56,000,000.
(b) Other Defense Programs.--Subject to subsection (d),
funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1995 for other defense
programs in carrying out defense programs necessary for
national security programs in the amount of $669,657,000, to
be allocated as follows:
(1) For verification and control technology, $348,555,000,
to be allocated as follows:
(A) For operating expenses, $332,682,000.
(B) For capital equipment, $15,873,000.
(2) For nuclear safeguards and security, $85,816,000, to be
allocated as follows:
(A) For operating expenses, $82,421,000.
(B) For capital equipment, $3,395,000.
(3) For security investigations, $33,827,000.
(4) For security evaluations, $14,780,000.
(5) For the Office of Nuclear Safety, $21,679,000, to be
allocated as follows:
(A) For operating expenses, $21,629,000.
(B) For capital equipment, $50,000.
(6) For worker and community transition, $115,000,000.
(7) For fissile material control and disposition,
$50,000,000.
(c) Naval Reactors.--Subject to subsection (d), funds are
hereby authorized to be appropriated to the Department of
Energy for fiscal year 1995 for naval reactors in carrying
out nuclear materials support and other defense programs
necessary for national security programs in the amount of
$725,651,000, to be allocated as follows:
(1) For naval reactors development, $693,651,000, to be
allocated as follows:
(A) For operating expenses:
(i) For plant development, $146,700,000.
(ii) For reactor development, $348,951,000.
(iii) For reactor operation and evaluation, $131,000,000.
(iv) For program direction, $18,800,000.
(B) For capital equipment, $28,200,000.
(C) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$20,000,000, to be allocated as follows:
Project GPN-101, general plant projects, various locations,
$6,200,000.
Project 95-D-200, laboratory systems and hot cell upgrades,
various locations, $2,400,000.
Project 95-D-201, advanced test reactor radioactive waste
system upgrades, Idaho National Engineering Laboratory,
Idaho, $700,000.
Project 93-D-200, engineering services facilities, Knolls
Atomic Power Laboratory, Niskayuna, New York, $7,900,000.
Project 92-D-200, laboratories facilities upgrades, various
locations, $2,800,000.
(2) For operating expenses for enrichment materials,
$32,000,000.
(d) Adjustments.--The total amount that may be appropriated
pursuant to this section is the sum of the amounts authorized
to be appropriated in subsections (a), (b), and (c) reduced
by the sum of--
(1) $40,000,000, for recovery of overpayment to the
Savannah River Pension Fund;
(2) $6,500,000, for savings resulting from procurement
reform; and
(3) $401,406,000, for use of prior year balances for
materials support and other defense programs.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1995 for payment to the
Nuclear Waste Fund established in section 302(c) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the
amount of $129,430,000.
Subtitle B--Recurring General Provisions
SEC. 3121. REPROGRAMMING.
(a) In General.--Until the Secretary of Energy submits to
the congressional defense committees the report referred to
in subsection (b) and 30 days has elapsed after the date on
which such committees receive the report, the Secretary may
not use amounts appropriated pursuant to this title for any
program--
(1) in amounts that exceed, in a fiscal year--
(A) 110 percent of the amount authorized for that program
by this title; or
(B) $1,000,000 more than the amount authorized for that
program by this title; or
(2) which has not been presented to, or requested of,
Congress.
(b) Report.--(1) The report referred to in subsection (a)
is a report containing a full and complete statement of the
action proposed to be taken and the facts and circumstances
relied upon in support of such proposed action.
(2) In the computation of the 30-day period under
subsection (a), there shall be excluded any day on which
either House of Congress is not in session because of an
adjournment of more than 3 days to a day certain.
(c) Limitations.--(1) In no event may the total amount of
funds obligated pursuant to this title exceed the total
amount authorized to be appropriated by this title.
(2) Funds appropriated pursuant to this title may not be
used for an item for which Congress has specifically denied
funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) In General.--The Secretary of Energy may carry out any
construction project under the general plant projects
authorized by this title if the total estimated cost of the
construction project does not exceed $2,000,000.
(b) Report to Congress.--If, at any time during the
construction of any general plant project authorized by this
title, the estimated cost of the project is revised because
of unforeseen cost variations and the revised cost of the
project exceeds $2,000,000, the Secretary shall immediately
furnish a complete report to the congressional defense
committees explaining the reasons for the cost variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) In General.--(1) Except as provided in paragraph (2),
construction on a construction project may not be started or
additional obligations incurred in connection with the
project above the total estimated cost, whenever the current
estimated cost of the construction project, which is
authorized by section 3101, 3102, or 3103, or which is in
support of national security programs of the Department of
Energy and was authorized by any previous Act, exceeds by
more than 25 percent the higher of--
(A) the amount authorized for the project; or
[[Page 1729]]
(B) the amount of the total estimated cost for the project
as shown in the most recent budget justification data
submitted to Congress.
(2) An action described in paragraph (1) may be taken if--
(A) the Secretary of Energy has submitted to the
congressional defense committees a report on the action and
the circumstances making such action necessary; and
(B) a period of 30 days has elapsed after the date on which
the report is received by the committees.
(3) In the computation of the 30-day period under paragraph
(2), there shall be excluded any day on which either House of
Congress is not in session because of an adjournment of more
than 3 days to a day certain.
(b) Exception.--Subsection (a) shall not apply to any
construction project which has a current estimated cost of
less than $5,000,000.
SEC. 3124. TRANSFER AUTHORITY.
(a) Transfer to Other Federal Agencies.--The Secretary of
Energy may transfer funds authorized to be appropriated to
the Department of Energy pursuant to this title to other
Federal agencies for the performance of work for which the
funds were authorized. Funds so transferred may be merged
with and be available for the same purposes and for the same
time period as the authorizations of the Federal agency to
which the amounts are transferred.
(b) Transfer Within Department of Energy; Limitations.--(1)
Subject to paragraph (2), the Secretary of Energy may
transfer funds authorized to be appropriated to the
Department of Energy pursuant to this title between any such
authorizations. Amounts of authorizations so transferred may
be merged with and be available for the same purposes and for
the same time period as the authorization to which the
amounts are transferred.
(2) Not more than five percent of any such authorization
may be transferred between authorizations under paragraph
(1). No such authorization may be increased or decreased by
more than five percent by a transfer under such paragraph.
(3) The authority provided by this section to transfer
authorizations--
(A) may only be used to provide funds for items that have a
higher priority than the items from which the funds are
transferred; and
(B) may not be used to provide authority for an item that
has been denied funds by Congress.
(c) Notice to Congress.--The Secretary of Energy shall
promptly notify the Committees on Armed Services of the
Senate and House of Representatives of any transfer of funds
to or from authorizations under this title.
SEC. 3125. CONSTRUCTION DESIGN AND CONCEPTUAL DESIGN FOR
CONSTRUCTION PROJECTS.
(a) In General.--(1) Within the amounts authorized by this
title, the Secretary of Energy may carry out advance planning
and construction design (including architectural and
engineering services) in connection with any proposed
construction project if the total estimated cost for such
planning and design does not exceed $3,000,000.
(2) In the case of any project in which the total estimated
cost for advance planning and construction design exceeds
$600,000, the Secretary shall notify the congressional
defense committees in writing of the details of such project
at least 30 days before any funds are obligated for advance
planning and construction design for such project.
(b) Specific Authority Required.--In any case in which the
total estimated cost for advance planning and construction
design in connection with any proposed construction project
exceeds $3,000,000, funds for such planning and design must
be specifically authorized by law.
(c) Requirement of Conceptual Design.--(1) Subject to
paragraph (2) and except as provided in paragraph (3), before
submitting to Congress a request for funds for a construction
project that is in support of a national security program of
the Department of Energy, the Secretary of Energy shall
complete a conceptual design for that project.
(2) In any case in which the total estimated cost of
completing a conceptual design for a construction project
exceeds $3,000,000, the Secretary shall submit to Congress a
request for funds for the conceptual design before the
Secretary submits a request for funds for the construction
project.
(3) The requirement in paragraph (1) does not apply to a
request for funds--
(A) for a construction project the total estimated cost of
which is less than $2,000,000; or
(B) for emergency planning, design, and construction
activities under section 3126.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND
CONSTRUCTION ACTIVITIES.
(a) Authority.--The Secretary of Energy may use any funds
available to the Department of Energy under sections 3101,
3102, and 3103, including those funds authorized to be
appropriated for advance planning and construction design, to
perform planning, design, and construction activities for any
Department of Energy national security program construction
project that, as determined by the Secretary, must proceed
expeditiously in order to protect public health and safety,
meet the needs of national defense, or protect property.
(b) Limitation.--The Secretary may not exercise the
authority under subsection (a) in the case of any
construction project until the Secretary has submitted to the
congressional defense committees a report on the activities
that the Secretary intends to carry out under this section
and the circumstances making such activities necessary.
(c) Specific Authority.--The requirements of subsections
(b) and (c) of section 3125 do not apply to emergency
planning, design, and construction activities conducted under
this section.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS
OF THE DEPARTMENT OF ENERGY.
Subject to the provisions of appropriation Acts and section
3121, amounts appropriated pursuant to this title that are
made available for management and support activities and for
general plant projects are available for use, when necessary,
in connection with all national security programs of the
Department of Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
When so specified in an appropriation Act, amounts
appropriated for operating expenses, plant projects, and
capital equipment may remain available until expended.
Subtitle C--Program Authorizations, Restrictions, and Limitations
SEC. 3131. STOCKPILE STEWARDSHIP RECRUITMENT AND TRAINING
PROGRAM.
(a) Conduct of Program.--(1) As part of the stockpile
stewardship program established pursuant to section 3138 of
the National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160; 107 Stat. 1946; 42 U.S.C. 2121 note),
the Secretary of Energy shall conduct a stockpile stewardship
recruitment and training program at the Sandia National
Laboratories, the Lawrence Livermore National Laboratory, and
the Los Alamos National Laboratory.
(2) The recruitment and training program shall be conducted
in coordination with the Chairman of the Joint Nuclear
Weapons Council established by section 179 of title 10,
United States Code, and the directors of the laboratories
referred to in paragraph (1).
(b) Support of Dual-Use Programs.--(1) As part of the
recruitment and training program, the directors of the
laboratories referred to in subsection (a)(1) may employ
undergraduate students, graduate students, and postdoctoral
fellows to carry out research sponsored by such laboratories
for military or nonmilitary dual-use programs related to
nuclear weapons stockpile stewardship.
(2) Of the amounts authorized to be appropriated to the
Secretary of Energy in section 3101(a)(1) for weapons
activities for core research and development and allocated by
the Secretary for education initiatives, $5,000,000 shall be
available for employing students and fellows to carry out
research referred to in paragraph (1). The amount available
under this paragraph shall be allocated equally among the
laboratories referred to in subsection (a)(1).
(c) Establishment of Retiree Corps.--As part of the
training and recruitment program, the Secretary, in
coordination with the directors of the laboratories referred
to in subsection (a)(1), shall establish for the laboratories
a retiree corps of retired scientists who have expertise in
research and development of nuclear weapons. The directors
may employ the retired scientists on a part-time basis to
provide appropriate assistance on nuclear weapons issues, to
contribute relevant information to be archived, and to help
to provide training to other scientists.
(d) Report.--(1) Not later than February 1, 1995, the
Secretary shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report on the
demographic trends of the personnel of the laboratories
referred to in subsection (a)(1) and on actions taken by the
Department of Energy to remedy identified deficiencies in
various skill areas.
(2) The report shall be prepared in coordination with the
Chairman of the Joint Nuclear Weapons Council and the
directors of the laboratories. Information included in the
report shall be aggregated and compiled into statistical
categories.
(3) The report shall include the following:
(A) An inventory of the weapons-related tasks that the
laboratories need to perform to support their nuclear weapons
responsibilities.
(B) An inventory of the skills necessary to complete the
weapons-related tasks referred to in subparagraph (A).
(C) For each laboratory, the number of scientists needed in
each skill area to perform such tasks.
(D) The number of the scientists providing services in each
skill area at each laboratory, stated by age.
(E) An assessment of which skill areas are understaffed.
(F) The number of scientists entering the weapons program
at each laboratory, and their skill areas.
(G) The number of full-time equivalent personnel with
weapon skills, their distribution by skill and, for each such
skill, their distribution by age.
(H) The number of scientists retiring from the weapons
program in the five-year period ending on the date of the
report and the skill areas in which they worked in the year
preceding their retirement.
(I) Based on the information contained in subparagraphs (A)
through (H), a projection of the skills areas that will
become understaffed in the five years following the date of
the report.
[[Page 1730]]
(J) A statement of alternative actions that may be taken to
retain and recruit scientists for the weapons programs at the
laboratories in order to preserve a sufficient skill base and
to fulfill stockpile stewardship responsibilities.
(K) Any plans of the Secretary to take any of the
alternative actions referred to in subparagraph (J).
SEC. 3132. DEFENSE INERTIAL CONFINEMENT FUSION PROGRAM.
Of the funds authorized to be appropriated by this title to
the Department of Energy for fiscal year 1995, $176,473,000
shall be available for the defense inertial confinement
fusion program.
SEC. 3133. PAYMENT OF PENALTIES.
The Secretary of Energy may pay to the Hazardous Substance
Superfund established under section 9507 of the Internal
Revenue Code of 1986 (26 U.S.C. 9507), from funds
appropriated to the Department of Energy for environmental
restoration and waste management activities pursuant to
section 3102, stipulated civil penalties assessed under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) in amounts as
follows:
(1) $50,000, assessed against the Fernald Environmental
Management Project, Ohio, under such Act.
(2) $50,000, assessed against the Portsmouth Gaseous
Diffusion Plant, Ohio, under such Act.
SEC. 3134. WATER MANAGEMENT PROGRAMS.
From funds authorized to be appropriated pursuant to
section 3102 to the Department of Energy for environmental
restoration and waste management activities, the Secretary of
Energy may reimburse the cities of Westminster, Broomfield,
Thornton, and Northglenn, in the State of Colorado,
$11,415,000 for the cost of implementing water management
programs. Reimbursements for the water management programs
shall not be considered a major Federal action for purposes
of section 102(2) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)).
SEC. 3135. PROTECTION OF WORKERS AT NUCLEAR WEAPONS
FACILITIES.
Of the funds authorized to be appropriated by section 3102
for environmental restoration and waste management
activities, $11,000,000 shall be available to carry out
activities authorized under section 3131 of the National
Defense Authorization Act for Fiscal Years 1992 and 1993
(Public Law 102-190; 105 Stat. 1571; 42 U.S.C. 7274d),
relating to worker protection at nuclear weapons facilities.
SEC. 3136. LIMITATION ON USE OF PROGRAM DIRECTION FUNDS.
The Secretary of Energy may not obligate more than 20
percent of the funds appropriated pursuant to this title for
fiscal year 1995 for operating expenses for program direction
in carrying out environmental restoration and waste
management activities necessary for national security
programs until the Secretary submits to Congress the reports
required to be submitted in 1995 under subsections (a) and
(d) of section 3153 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1950; 42
U.S.C. 7274k).
SEC. 3137. NATIONAL SECURITY PROGRAMS.
Notwithstanding any other provision of law, not more than
80 percent of the funds appropriated to the Department of
Energy for national security programs under this title may be
obligated for such programs until the Secretary of Energy
submits to the congressional defense committees the five-year
budget plan with respect to fiscal year 1996 required under
section 3144 of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat.
1681; 42 U.S.C. 7271b).
SEC. 3138. PROGRAMS FOR PERSONS WHO MAY HAVE BEEN EXPOSED TO
RADIATION RELEASED FROM HANFORD NUCLEAR
RESERVATION.
(a) Funding.--(1) Of the funds authorized to be
appropriated to the Department of Energy under section 3101
for fiscal year 1995, $2,500,000 shall be available for
activities relating to the Hanford Health Information Network
established pursuant to the authority provided in section
3138 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 104 Stat. 1834).
(2) The Secretary of Energy may not obligate more than 50
percent of the amount made available under paragraph (1) for
activities relating to the Hanford Health Information Network
until the States of Washington, Oregon, and Idaho establish
the uniform procedures required by section 3138(d)(3)(D) of
such Act, as added by subsection (b).
(b) Prohibition on Disclosure of Exposure Information.--
Section 3138 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1834) is
amended by adding at the end the following new subsection:
``(d) Prohibition on Disclosure of Exposure Information.--
(1) Except as provided in paragraph (2), a person may not
disclose to the public the following:
``(A) Any information obtained through a program that
identifies a person who may have been exposed to radiation
released from the Hanford Nuclear Reservation.
``(B) Any information obtained through a program that
identifies a person participating in any of the programs
developed under this section.
``(C) The name, address, and telephone number of a person
requesting information referred to in subsection (b)(1).
``(D) The name, address, and telephone number of a person
who has been referred to a health care professional under
subsection (b)(2).
``(E) The name, address, and telephone number of a person
who has been registered and monitored pursuant to subsection
(b)(3).
``(F) Information that identifies the person from whom
information referred to in this paragraph was obtained under
a program or any other third party involved with, or
identified by, any such information so obtained.
``(G) Any other personal or medical information that
identifies a person or party referred to in subparagraphs (A)
through (F).
``(H) Such other information or categories of information
as the chief officers of the health departments of the States
of Washington, Oregon, and Idaho jointly designate as
information covered by this subsection.
``(2) Information referred to in paragraph (1) may be
disclosed to the public if the person identified by the
information, or the legal representative of that person, has
consented in writing to the disclosure.
``(3) The States of Washington, Oregon, and Idaho shall
establish uniform procedures for carrying out this
subsection, including procedures governing the following:
``(A) The disclosure of information under paragraph (2).
``(B) The use of the Hanford Health Information Network
database.
``(C) The future disposition of the database.
``(D) Enforcement of the prohibition provided in paragraph
(1) on the disclosure of information described in that
paragraph.''.
SEC. 3139. LIMITATION ON STUDY OR RELOCATION OF TRITIUM-
RELATED ACTIVITIES AND OPERATIONS.
None of the funds appropriated or otherwise made available
to the Department of Energy for fiscal year 1995 pursuant to
this title may be used to study or relocate tritium-related
activities and operations from the Mound Plant, Ohio, to a
facility other
than a Department of Energy weapons production facility that
has demonstrated tritium production and handling
capabilities, as determined by independent consultants
pursuant to a review of the June 1993 report of the
Department entitled ``Nonnuclear Reconfiguration Cost
Effectiveness Report''.
SEC. 3140. HAZARDOUS MATERIALS MANAGEMENT AND HAZARDOUS
MATERIALS EMERGENCY RESPONSE TRAINING PROGRAM.
(a) Use of Funds.--Of the funds authorized to be
appropriated to the Department of Energy for fiscal year 1995
under section 3102(c), not more than $6,000,000 shall be
available for operating expenses to carry out a hazardous
materials management and hazardous materials emergency
response training program at Hanford Nuclear Reservation,
Richland, Washington.
(b) Requirement of Conceptual Design.--None of the funds
authorized to be appropriated under section 3102(c) for
project 95-E-600 may be obligated or expended until the
Secretary of Energy completes a conceptual design for the
project.
SEC. 3141. INTERNATIONAL CENTER FOR APPLIED RESEARCH.
(a) Establishment.--(1) The Secretary of Energy shall
establish an International Center for Applied Research at the
Savannah River Site, South Carolina. The purpose of the
Center is to promote the following activities:
(A) The application in the United States of hydrogen
technology research derived from tritium production.
(B) The development of beneficial uses of nuclear
materials.
(C) The research and development of innovative methods for
the treatment and disposal of nuclear waste.
(D) The development of specifications for the
decommissioning of nuclear facilities and the disposition of
nuclear materials.
(E) The research and development of any technologies that
the Secretary considers appropriate and that are likely to be
commercialized.
(2) The Secretary shall enter into an arrangement to
provide for the location of the Center at a suitable facility
at, or adjacent to, the Savannah River Site.
(3) The Secretary shall, using competitive procedures,
select a nonprofit entity or a group of nonprofit entities to
operate the Center. The Center shall promote activities under
paragraph (1) in a manner that accomplishes regional
development through applied science and technology.
(b) Availability of Funds.--Of amounts authorized to be
appropriated in section 3101(c), $12,000,000 shall be
available to establish the Center referred to in subsection
(a).
Subtitle D--Other Matters
SEC. 3151. ACCOUNTING PROCEDURES FOR DEPARTMENT OF ENERGY
FUNDS.
(a) In General.--The Secretary of Energy shall prescribe
procedures to account for the use of funds for the
performance of the programs and activities of the Department
of Energy for which funds are appropriated pursuant to this
title for national security programs of the Department of
Energy. The procedures shall provide for such accounting for
fiscal years beginning after fiscal year 1996.
(b) Covered Matters.--The Secretary shall prescribe
procedures under subsection (a)--
(1) to account for the funds appropriated to the Department
pursuant to this title for national security programs and
activities of the Department that are not used for the
purpose for which such funds were appropriated; and
(2) to provide an accounting for all encumbered funds,
unencumbered funds, unobligated funds, costed funds, and
uncosted obli-
[[Page 1731]]
gations of the national security programs of the Department
in that fiscal year.
SEC. 3152. APPROVAL FOR CERTAIN NUCLEAR WEAPONS ACTIVITIES.
(a) Approval by Joint Nuclear Weapons Council.--Subsection
(d) of section 179 of title 10, United States Code, is
amended--
(1) by redesignating paragraphs (8) and (9) as paragraphs
(9) and (10), respectively; and
(2) by inserting after paragraph (7) the following new
paragraph (8):
``(8) Coordinating and approving activities conducted by
the Department of Energy for the study, development,
production, and retirement of nuclear warheads, including
concept definition studies, feasibility studies, engineering
development, hardware component fabrication, warhead
production, and warhead retirement.''.
(b) Report.--Such section is further amended by adding at
the end the following new subsection:
``(e) Each fiscal year, at the same time the President
submits the budget pursuant to section 1105 of title 31, the
Chairman of the Council, through the Secretary of Energy,
shall submit to the Committees on Armed Services and
Appropriations of the Senate and House of Representatives a
report, in classified form, on the following:
``(1) The effectiveness and efficiency of the Council, and
of the deliberative and decisionmaking processes used by the
Council, in carrying out the responsibilities described in
subsection (d).
``(2) A description of all activities conducted by the
Department of Energy during that fiscal year, or planned to
be conducted by the Department of Energy during the next
fiscal year, for the study, development, production, and
retirement of nuclear warheads and that have been approved by
the Council, including a description of--
``(A) the concept definition activities and feasibility
studies conducted or planned to be conducted by the
Department of Energy;
``(B) the schedule for completion of each such activity or
study; and
``(C) the degree to which each such activity or study is
consistent with United States policy for new nuclear warhead
development or warhead modification and with established or
projected military requirements.''.
(c) Technical Amendment.--Subsections (a)(3) and (b) of
such section are amended by striking out ``appointed'' each
place it appears and inserting in lieu thereof
``designated''.
SEC. 3153. STUDY OF FEASIBILITY OF CONDUCTING CERTAIN
ACTIVITIES AT THE NEVADA TEST SITE, NEVADA.
Not later than April 1, 1995, the Secretary of Energy shall
submit to Congress a report on the feasibility of conducting
the following activities at the Nevada Test Site, Nevada:
(1) The demilitarization of large rocket motors, high
energetic explosives, and conventional ordnance.
(2) Disarmament and demilitarization of conventional
weapons and components.
(3) Experiments that assist in monitoring compliance with
international agreements on the nonproliferation of nuclear
weapons.
(4) Programs for the Department of Energy and the
Department of Defense to develop simulator technologies for
nuclear weapons design and effects, including advanced
hydrodynamic simulators, fusion test facilities, and nuclear
weapons effects simulators.
(5) The stockpile stewardship program established pursuant
to section 3138 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1946; 42
U.S.C. 2121 note).
(6) Experiments related to the nonproliferation of nuclear
weapons, including experiments with respect to disablement of
such weapons, nuclear forensics, sensors, and verification
and monitoring.
SEC. 3154. REPORT ON WASTE STREAMS GENERATED BY NUCLEAR
WEAPONS PRODUCTION CYCLE.
(a) Report.--Not later than March 31, 1996, the Secretary
of Energy shall submit to Congress a report that contains a
description of all waste streams generated before 1992 during
each step of the complete cycle of production and disposition
of nuclear weapon components by the Department of Energy. The
description for each such step shall be based on a unit of
analysis that is appropriate for that step. The report shall
include an estimate of the volume of waste generated per unit
of analysis and an analysis of the characteristics of each
waste stream.
(b) Definitions.--In this section:
(1) The term ``waste stream'' means waste materials the
storage, treatment, or disposition of which is regulated
under Federal law, except that such term does not include
usable source materials, usable byproduct materials, and
usable special nuclear materials.
(2) The terms ``byproduct material'', ``source material'',
and ``special nuclear material'' have the meaning given such
terms in section 11 of the Atomic Energy Act of 1954 (42
U.S.C. 2014).
SEC. 3155. COMMUNICATION OF RESTRICTED DATA AND FORMERLY
RESTRICTED DATA.
(a) Communication of Data.--Section 144 of the Atomic
Energy Act of 1954 (42 U.S.C. 2164) is amended--
(1) by redesignating subsection d. as subsection e.; and
(2) by inserting after subsection c. the following new
subsection d.:
``d. (1) In addition to the cooperation authorized in
subsections a., b., and c., the President may, upon making a
determination described in paragraph (2), authorize the
Department of Energy, with the assistance of the Department
of Defense, to cooperate with another nation to communicate
to that nation such Restricted Data, and the President may,
upon making such determination, authorize the Department of
Defense, with the assistance of the Department of Energy, to
cooperate with another nation to communicate to that nation
such data removed from the Restricted Data category under
section 142, as is necessary for--
``(A) the support of a program for the control of and
accounting for fissile material and other weapons material;
``(B) the support of the control of and accounting for
atomic weapons;
``(C) the verification of a treaty; and
``(D) the establishment of international standards for the
classification of data on atomic weapons, data on fissile
material, and related data.
``(2) A determination referred to in paragraph (1) is a
determination that the proposed cooperation and proposed
communication referred to in that paragraph--
``(A) will promote the common defense and security
interests of the United States and the nation concerned; and
``(B) will not constitute an unreasonable risk to such
common defense and security interests.
``(3) Cooperation under this subsection shall be undertaken
pursuant to an agreement for cooperation entered into in
accordance with section 123.''.
(b) Applicability of Notice and Wait Provisions.--Section
123 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2153(d)),
as amended by subsection (c), shall not apply to a proposed
agreement for cooperation under section 144 d. of such Act,
as inserted by subsection (a), until December 31, 1995.
(c) Conforming Amendments.--The Atomic Energy Act of 1954
(42 U.S.C. 2011 et seq.) is amended as follows:
(1) Section 123 is amended--
(A) by striking out ``or 144 c.'' each place it appears and
inserting in lieu thereof ``144 c., or 144 d.'';
(B) in subsection a., by striking out ``or 144 b.'' and
inserting in lieu thereof ``144 b., or 144 d.''; and
(C) in subsection b., by inserting ``(except an agreement
arranged pursuant to section 91 c., 144 b., 144 c., or 144
d.)'' after ``the President has submitted text of the
proposed agreement for cooperation''.
(2) Section 142 d. is amended by striking out ``subsection
144 b.'' and inserting in lieu thereof ``subsection b. or d.
of section 144.''.
(3) Section 142 f. is repealed.
(4) Section 144 e., as redesignated by subsection (a)(1),
is amended by striking out ``or c.'' and inserting in lieu
thereof ``c., or d.''.
SEC. 3156. SCHOLARSHIP AND FELLOWSHIP PROGRAM FOR
ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.
(a) Use of Funds.--Of the funds authorized to be
appropriated to the Department of Energy in section 3102 for
fiscal year 1995 for environmental restoration and waste
management, $1,000,000 shall be available for the scholarship
and fellowship program for environmental restoration and
waste management carried out under section 3132 of the
National Defense Authorization Act for Fiscal Years 1992 and
1993 (Public Law 102-190; 105 Stat. 1572; 42 U.S.C. 7274e).
(b) Designation as Marilyn Lloyd Scholarship and Fellowship
Program.--(1) Section 3132(a) of such Act (42 U.S.C.
7274e(a)) is amended by adding at the end the following:
``The scholarship and fellowship program shall be known as
the `Marilyn Lloyd Scholarship and Fellowship Program'.''.
(2) The amendment made by paragraph (1) shall take effect
on January 3, 1995.
SEC. 3157. REPORT ON ECONOMIC REDEVELOPMENT AND CONVERSION
ACTIVITIES RESULTING FROM RECONFIGURATION OF
DEPARTMENT OF ENERGY NUCLEAR WEAPONS COMPLEX.
(a) In General.--Not later than May 1, 1995, the Secretary
of Energy shall submit to Congress information on economic
redevelopment and conversion activities that, in the
determination of the Secretary, may result from the
reconfiguration of the Department of Energy nuclear weapons
complex. The Secretary may submit the information in a report
or submit the programmatic environmental impact statement
referred to in section 3145(c) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
107 Stat. 1949) and include the information in that
statement.
(b) Contents.--The information referred to in subsection
(a) shall include the following:
(1) An analysis of the existing condition and capabilities
of the facilities of the nuclear weapons complex.
(2) A description of the technologies and processes at such
facilities that have the potential to be developed in
collaboration with private industry, State, local, or tribal
governments, institutions of higher education, or non-profit
organizations.
(3) An estimate of the costs associated with economic
redevelopment and conversion activities as a result of the
reconfiguration of the nuclear weapons complex.
(4) A description of how the Secretary will coordinate with
local interests regarding such activities.
SEC. 3158. OFFICE OF FISSILE MATERIALS DISPOSITION.
(a) Establishment.--Title II of the Department of Energy
Organization Act (42 U.S.C. 7131 et seq.) is amended by
adding at the end the following:
``office of fissile materials disposition
``Sec. 212. (a) There shall be within the Department an
Office of Fissile Materials Disposition.
[[Page 1732]]
``(b) The Secretary shall designate the head of the Office.
The head of the Office shall report to the Under Secretary.
``(c) The head of the Office shall be responsible for all
activities of the Department relating to the management,
storage, and disposition of fissile materials from weapons
and weapons systems that are excess to the national security
needs of the United States.''.
(b) Conforming Amendment.--The table of contents in the
first section of such Act is amended by inserting after the
item relating to section 210 the following new items:
``Sec. 211. Office of Minority Economic Impact.
``Sec. 212. Office of Fissile Materials Disposition.''.
SEC. 3159. EXTENSION OF AUTHORITY TO LOAN PERSONNEL AND
FACILITIES AT IDAHO NATIONAL ENGINEERING
LABORATORY.
Section 1434 of the National Defense Authorization Act,
Fiscal Year 1989 (Public Law 100-456; 102 Stat. 2074), as
amended by section 3136 of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat.
2641), is further amended--
(1) in the third sentence of subsection (a)(3), by striking
out ``fiscal years 1993 and 1994'' and inserting in lieu
thereof ``fiscal years 1993, 1994, 1995, 1996, and 1997'';
and
(2) in subsection (c), by striking out ``September 30,
1994, with respect to the Idaho National Engineering
Laboratory'' and inserting in lieu thereof ``September 30,
1997, with respect to the Idaho National Engineering
Laboratory''.
SEC. 3160. ELIMINATION OF REQUIREMENT FOR FIVE-YEAR PLAN FOR
DEFENSE NUCLEAR FACILITIES.
(a) Elimination of Requirement.--Section 3135(a) of the
National Defense Authorization Act for Fiscal Years 1992 and
1993 (Public Law 102-190; 105 Stat. 1575; 42 U.S.C. 7274g(a))
is amended--
(1) in paragraph (1)--
(A) by striking out ``(A) defense nuclear facilities and
(B) all other facilities owned or operated by the Department
of Energy'' in the first sentence and inserting in lieu
thereof ``all facilities owned or operated by the Department
of Energy except defense nuclear facilities''; and
(B) by inserting ``such'' in the third sentence after
``restoration at all'';
(2) in paragraph (4), by striking out ``The plan shall
contain the following matters:'' and inserting in lieu
thereof ``The plan shall include, with respect to the
Department of Energy facilities required by paragraph (1) to
be covered by the plan, the following matters:'';
(3) by striking out paragraph (6); and
(4) by redesignating paragraph (7) as paragraph (6).
(b) Annual Waste Management Reports.--Section 3153(b)(1) of
the National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160; 107 Stat. 1950; 42 U.S.C. 7274k(b)(1))
is amended--
(1) by inserting ``including pollution prevention and''
after ``waste management,''; and
(2) by striking out ``and technology research and
development related to such activities and projects''.
(c) Contents of Environmental Restoration and Waste
Management Reports.--Section 3153(c) of such Act (42 U.S.C.
7274k(c)) is amended--
(1) by striking out ``and'' at the end of paragraph (1);
(2) by striking out ``and'' at the end of paragraph (2)(D);
(3) by striking out the period at the end of paragraph
(2)(E) and inserting in lieu thereof ``; and'';
(4) by adding at the end of paragraph (2) the following new
subparagraph:
``(F) a description of the personnel and facilities
required to complete the activity or project; and''; and
(5) by adding at the end the following new paragraph:
``(3) contain a description of the research and development
necessary to develop the technology to conduct the activities
and projects covered by the report.''.
(d) Public Participation in Development of Information.--
Section 3153 of such Act (42 U.S.C. 7274k) is further amended
by adding at the end the following new subsection:
``(f) Public Participation in Development of Information.--
(1) The Secretary of Energy shall consult with the
Administrator of the Environmental Protection Agency, the
Attorney General, Governors and Attorneys General of affected
States, appropriate representatives of affected Indian
tribes, and interested members of the public in the
development of information necessary to complete the reports
required by subsections (a), (b), and (d).
``(2) Consultation under paragraph (1) shall not interfere
with the timely submission to Congress of the budget for a
fiscal year.
``(3) The Secretary may award grants to, and enter into
cooperative agreements with, affected States and affected
Indian tribes to facilitate the participation of such
entities in the development of information under this
subsection. The Secretary may also take appropriate action to
facilitate the participation of interested members of the
public in such development under this subsection.''.
(e) Public Participation in Planning.--The Secretary of
Energy shall consult with the Administrator of the
Environmental Protection Agency, the Attorney General,
Governors and Attorneys General of affected States,
appropriate representatives of affected Indian tribes, and
interested members of the public in any planning conducted by
the Secretary for environmental restoration and waste
management at Department of Energy defense nuclear
facilities.
SEC. 3161. AUTHORITY FOR APPOINTMENT OF CERTAIN SCIENTIFIC,
ENGINEERING, AND TECHNICAL PERSONNEL.
(a) Authority.--(1) Notwithstanding any provision of title
5, United States Code, governing appointments in the
competitive service and General Schedule classification and
pay rates, the Secretary of Energy may--
(A) establish and set the rates of pay for not more than
200 positions in the Department of Energy for scientific,
engineering, and technical personnel whose duties will relate
to safety at defense nuclear facilities of the Department;
and
(B) appoint persons to such positions.
(2) The rate of pay for a position established under
paragraph (1) may not exceed the rate of pay payable for
level IV of the Executive Schedule under section 5315 of
title 5, United States Code.
(3) To the maximum extent practicable, the Secretary shall
appoint persons under paragraph (1)(B) to the positions
established under paragraph (1)(A) in accordance with the
merit system principles set forth in section 2301 of such
title.
(4) The Secretary may not appoint more than 100 persons
during fiscal year 1995 under the authority provided in this
subsection.
(b) OPM Review.--(1) The Secretary shall enter into an
agreement with the Director of the Office of Personnel
Management under which agreement the Director shall
periodically evaluate the use of the authority set forth in
subsection (a)(1). The Secretary shall reimburse the Director
for evaluations conducted by the Director pursuant to the
agreement. Any such reimbursement shall be credited to the
revolving fund referred to in section 1304(e) of title 5,
United States Code.
(2) If the Director determines as a result of such
evaluation that the Secretary of Energy is not appointing
persons to positions under such authority in a manner
consistent with the merit system principles set forth in
section 2301 of title 5, United States Code, or is setting
rates of pay at levels that are not appropriate for the
qualifications and experience of the persons appointed and
the duties of the positions involved, the Director shall
notify the Secretary and Congress of that determination.
(3) Upon receipt of a notification under paragraph (2), the
Secretary shall--
(A) take appropriate actions to appoint persons to
positions under such authority in a manner consistent with
such principles or to set rates of pay at levels that are
appropriate for the qualifications and experience of the
persons appointed and the duties of the positions involved;
or
(B) cease appointment of persons under such authority.
(c) EPA Study.--(1) Upon the 50th appointment made by the
Secretary pursuant to subsection (a)(1)(B), the Administrator
of the Environmental Protection Agency, in consultation with
the Secretary, shall conduct a study of the effects of the
implementation of such subsection on the conduct of remedial
actions at sites on the National Priorities List.
(2) The study shall assess whether serious problems have
resulted at any site on the National Priorities List from
appointments made pursuant to subsection (a)(1)(B) of persons
whose employment, at the time of the appointment, involved
remedial actions or other similar activities at the site.
(3) For purposes of this subsection, a serious problem
includes any of the following occurrences:
(A) A significant delay or significant disruption of a
schedule for completion of a remedial action at the site.
(B) A significant escalation of the personnel costs for the
remedial action.
(C) A significant exacerbation of any shortage in the
number of critical personnel at the site.
(4) The Administrator, in consultation with the Secretary,
shall submit to Congress a report on the study conducted
under paragraph (1). The report shall be submitted not later
than 30 days after the date upon which the Secretary has made
the 50th appointment pursuant to subsection (a)(1)(B). The
Secretary may not make more than 50 such appointments until
the submission of the report.
(5) If, as a result of the study conducted under paragraph
(1), the Administrator, in consultation with the Secretary,
determines that serious problems have resulted at any site on
the National Priorities List from appointments made pursuant
to subsection (a)(1)(B), the Administrator and the Secretary
shall jointly submit to Congress, together with the report
referred to in paragraph (4), a plan to ameliorate the
effects of those serious problems. Under the plan, the
Administrator and the Secretary shall provide for--
(A) a reduction in the rate at which persons are appointed
pursuant to such subsection;
(B) the making of appointments pursuant to such subsection
of persons other than persons whose employment, at the time
of the appointment, involved remedial actions or other
similar activities at sites on the National Priorities List;
or
(C) any other effective alternative to appointing persons
described in subparagraph (B) that the Administrator and the
Secretary consider appropriate.
(6) To carry out this section, the Secretary shall
regularly provide to the Administrator the following
information:
[[Page 1733]]
(A) The relevant previous places of employment of each
person appointed pursuant to subsection (a)(1)(B).
(B) The site on the National Priorities List, if the
employment of such person, at the time of the appointment of
that person pursuant to such subsection, involved remedial
actions or other similar activities at the site.
(d) Termination.--(1) The authority provided under
subsection (a)(1) shall terminate on September 30, 1997.
(2) An employee may not be separated from employment with
the Department of Energy or receive a reduction in pay by
reason of the termination of authority under paragraph (1).
SEC. 3162. USE OF FUNDS FOR COMPUTER DECLASSIFICATION SYSTEM.
Of the funds authorized to be appropriated to the
Department of Energy under section 3103, $3,000,000 shall be
available for a computer system for declassification
purposes.
SEC. 3163. SAFETY OVERSIGHT AND ENFORCEMENT AT DEFENSE
NUCLEAR FACILITIES.
(a) Safety at Defense Nuclear Facilities.--The Secretary of
Energy shall take appropriate actions to ensure that--
(1) officials of the Department of Energy who are
responsible for independent oversight of matters relating to
nuclear safety at defense nuclear facilities and enforcement
of nuclear safety standards at such facilities maintain
independence from officials who are engaged in, or who are
advising persons who are engaged in, management of such
facilities;
(2) the independent, internal oversight functions carried
out by the Department include activities relating to--
(A) the assessment of the safety of defense nuclear
facilities;
(B) the assessment of the effectiveness of Department
program offices in carrying out programs relating to the
environment, safety, health, and security at defense nuclear
facilities;
(C) the provision to the Secretary of oversight reports
that--
(i) contain validated technical information; and
(ii) provide a clear analysis of the extent to which line
programs governing defense nuclear facilities meet applicable
goals for the environment, safety, health, and security at
such facilities; and
(D) the development of clear performance standards to be
used in assessing the adequacy of the programs referred to in
subparagraph (C)(ii);
(3) the Department has a system for bringing issues
relating to nuclear safety at defense nuclear facilities to
the attention of the officials of the Department (including
the Secretary of Energy) who have authority to resolve such
issues in an adequate and timely manner; and
(4) an adequate number of qualified personnel of the
Department are assigned to oversee matters relating to
nuclear safety at defense nuclear facilities and enforce
nuclear safety standards at such facilities.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report describing the following:
(1) The actions that the Secretary has taken or will take
to fulfill the requirements set forth in paragraphs (1), (2),
and (3) of subsection (a).
(2) The actions in addition to the actions described under
paragraph (1) that the Secretary could take in order to
fulfill such requirements.
(3) The respective roles with regard to nuclear safety at
defense nuclear facilities of the following officials:
(A) The Associate Deputy Secretary of Energy for Field
Management.
(B) The Assistant Secretary of Energy for Defense Programs.
(C) The Assistant Secretary of Energy for Environmental
Restoration and Waste Management.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
1995, $17,933,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
SEC. 3301. AUTHORIZED USES OF STOCKPILE FUNDS.
Subject to such limitations as may be provided in
appropriations Acts, during fiscal year 1995, the National
Defense Stockpile Manager may obligate up to $54,200,000 of
the funds in the National Defense Stockpile Transaction Fund
established under subsection (a) of section 9 of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98h) for the authorized uses of such funds under subsection
(b)(2) of such section.
SEC. 3302. ROTATION OF MATERIALS TO PREVENT TECHNOLOGICAL
OBSOLESCENCE.
Section 6(a)(4) of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98e(a)(4)) is amended by
inserting ``or technological obsolescence'' after
``deterioration''.
SEC. 3303. EXTENSION OF LIMITATION ON AUTHORITY TO DISPOSE OF
CHROMIUM FERRO AND MANGANESE FERRO.
Section 3302(f) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2651), as
amended by section 3303(b) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
107 Stat. 1961), is further amended by striking out ``October
1, 1994'' and inserting in lieu thereof ``October 1, 1995''.
SEC. 3304. LIMITATION ON AUTHORITY TO DISPOSE OF ZINC.
(a) Limitation on Disposal Authority.--The disposal of zinc
from the National Defense Stockpile pursuant to any disposal
authority provided by law may not commence before April 1,
1995.
(b) Condition on Disposal After Expiration of Limitation.--
If any quantity of zinc is proposed for disposal from the
National Defense Stockpile during fiscal year 1995 upon the
expiration of the limitation prescribed under subsection (a),
the President shall submit to Congress not later than
February 15, 1995, a revised annual materials plan under
section 11(b) of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98h-2) that specifically describes the
proposed disposals. The revised plan shall include the views
of the Market Impact Committee regarding the market impact of
the disposals, as required under section 10(c) of such Act
(50 U.S.C. 98h-1(c)).
(c) Effect on Transfers of Zinc to Other Federal
Agencies.--Nothing in this section shall limit the authority
of the National Defense Stockpile Manager to transfer zinc in
the National Defense Stockpile to the jurisdiction and
control of another Federal agency for official Government
use.
(d) National Defense Stockpile Defined.--The term
``National Defense Stockpile'' means the stockpile provided
for in section 4 of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98c).
SEC. 3305. LIMITATIONS ON DISPOSAL OF CHROMITE AND MANGANESE
ORES.
(a) Preference for Domestic Upgrading.--In offering to
enter into agreements pursuant to any provision of law for
the disposal of chromite and manganese ores of metallurgical
grade from the National Defense Stockpile provided for in
section 4 of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98c), the President shall give a right
of first refusal on all such offers to domestic ferroalloy
upgraders.
(b) Domestic Ferroalloy Upgrader Defined.--For purposes of
this section, the term ``domestic ferroalloy upgrader'' means
a company or other business entity that, as determined by the
President--
(1) is engaged in operations to upgrade chromite or
manganese ores of metallurgical grade or is capable of
engaging in such operations; and
(2) conducts a significant level of its research,
development, engineering, and upgrading operations in the
United States.
(c) Application of Section.--The requirements specified in
subsection (a) shall apply during fiscal year 1995.
SEC. 3306. REPORT ON DOMESTIC PRODUCTION OF HIGH PURITY
ELECTROLYTIC CHROMIUM METAL.
(a) Agreement With National Academy of Sciences.--Not later
than 60 days after the date of the enactment of this Act, the
Secretary of Defense shall enter into an agreement with the
President of the National Academy of Sciences, under which
the Academy will prepare a report regarding the production of
high purity electrolytic chromium metal in the United States.
(b) Elements of Report.--In preparing the report under
subsection (a), the National Academy of Sciences shall
evaluate--
(1) the capability of industrial facilities in the United
States to produce high purity electrolytic chromium metal;
(2) the need to maintain a domestic source for the
production of high purity electrolytic chromium metal;
(3) the potential adverse effects on the United States
economy and defense capabilities if domestic sources for the
production of high purity electrolytic chromium metal are
lost;
(4) the availability of high purity electrolytic chromium
metal from sources outside the United States; and
(5) the capability and reliability of such foreign sources
for the production of high purity electrolytic chromium
metal.
(c) Submission of Report.--Not later than 120 days after
the date on which the agreement is entered into under
subsection (a), the National Academy of Sciences shall submit
to the Secretary of Defense and Congress the report required
under such agreement.
TITLE XXXIV--CIVIL DEFENSE
Subtitle A--Authorization of Appropriations
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated $129,658,000
for fiscal year 1995 for the purpose of carrying out title VI
of The Robert T. Stafford Disaster Relief and Emergency
Assistance Act, as added by section 3411.
Subtitle B--Reenactment of Federal Civil Defense Act of 1950 in the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
SEC. 3411. RESTATEMENT OF FEDERAL CIVIL DEFENSE AUTHORITIES
IN THE ROBERT T. STAFFORD DISASTER RELIEF AND
EMERGENCY ASSISTANCE ACT.
(a) Restatement as New Title.--The Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) is amended--
(1) by redesignating title VI as title VII;
(2) by redesignating sections 601, 602, 603, and 604 as
sections 701, 702, 703, and 704, respectively; and
(3) by inserting after title V the following new title VI:
[[Page 1734]]
``TITLE VI--EMERGENCY PREPAREDNESS
``SEC. 601. DECLARATION OF POLICY.
``The purpose of this title is to provide a system of
emergency preparedness for the protection of life and
property in the United States from hazards and to vest
responsibility for emergency preparedness jointly in the
Federal Government and the States and their political
subdivisions. The Congress recognizes that the organizational
structure established jointly by the Federal Government and
the States and their political subdivisions for emergency
preparedness purposes can be effectively utilized to provide
relief and assistance to people in areas of the United States
struck by a hazard. The Federal Government shall provide
necessary direction, coordination, and guidance, and shall
provide necessary assistance, as authorized in this title so
that a comprehensive emergency preparedness system exists for
all hazards.
``SEC. 602. DEFINITIONS.
``(a) Definitions.--For purposes of this title only:
``(1) Hazard.--The term `hazard' means an emergency or
disaster resulting from--
``(A) a natural disaster; or
``(B) an accidental or man-caused event.
``(2) Natural disaster.--The term `natural disaster' means
any hurricane, tornado, storm, flood, high water, wind-driven
water, tidal wave, tsunami, earthquake, volcanic eruption,
landslide, mudslide, snowstorm, drought, fire, or other
catastrophe in any part of the United States which causes, or
which may cause, substantial damage or injury to civilian
property or persons.
``(3) Emergency preparedness.--The term `emergency
preparedness' means all those activities and measures
designed or undertaken to prepare for or minimize the effects
of a hazard upon the civilian population, to deal with the
immediate emergency conditions which would be created by the
hazard, and to effectuate emergency repairs to, or the
emergency restoration of, vital utilities and facilities
destroyed or damaged by the hazard. Such term includes the
following:
``(A) Measures to be undertaken in preparation for
anticipated hazards (including the establishment of
appropriate organizations, operational plans, and supporting
agreements, the recruitment and training of personnel, the
conduct of research, the procurement and stockpiling of
necessary materials and supplies, the provision of suitable
warning systems, the construction or preparation of shelters,
shelter areas, and control centers, and, when appropriate,
the non-military evacuation of the civilian population).
``(B) Measures to be undertaken during a hazard (including
the enforcement of passive defense regulations prescribed by
duly established military or civil authorities, the
evacuation of personnel to shelter areas, the control of
traffic and panic, and the control and use of lighting and
civil communications).
``(C) Measures to be undertaken following a hazard
(including activities for fire fighting, rescue, emergency
medical, health and sanitation services, monitoring for
specific dangers of special weapons, unexploded bomb
reconnaissance, essential debris clearance, emergency welfare
measures, and immediately essential emergency repair or
restoration of damaged vital facilities).
``(4) Organizational equipment.--The term `organizational
equipment' means equipment determined by the Director to be
necessary to an emergency preparedness organization, as
distinguished from personal equipment, and of such a type or
nature as to require it to be financed in whole or in part by
the Federal Government. Such term does not include those
items which the local community normally uses in combating
local disasters, except when required in unusual quantities
dictated by the requirements of the emergency preparedness
plans.
``(5) Materials.--The term `materials' includes raw
materials, supplies, medicines, equipment, component parts
and technical information and processes necessary for
emergency preparedness.
``(6) Facilities.--The term `facilities', except as
otherwise provided in this title, includes buildings,
shelters, utilities, and land.
``(7) Director.--The term `Director' means the Director of
the Federal Emergency Management Agency.
``(8) Neighboring countries.--The term `neighboring
countries' includes Canada and Mexico.
``(9) United states and states.--The terms `United States'
and `States' includes the several States, the District of
Columbia, and territories and possessions of the United
States.
``(10) State.--The term `State' includes interstate
emergency preparedness authorities established under section
611(h).
``(b) Cross Reference.--The terms `national defense' and
`defense,' as used in the Defense Production Act of 1950 (50
U.S.C. App. 2061 et seq.), includes emergency preparedness
activities conducted pursuant to this title.
``SEC. 603. ADMINISTRATION OF TITLE.
``This title shall be carried out by the Director of the
Federal Emergency Management Agency.
``Subtitle A--Powers and Duties
``SEC. 611. DETAILED FUNCTIONS OF ADMINISTRATION.
``(a) In General.--In order to carry out the policy
described in section 601, the Director shall have the
authorities provided in this section.
``(b) Federal Emergency Response Plans and Programs.--The
Director may prepare Federal response plans and programs for
the emergency preparedness of the United States and sponsor
and direct such plans and programs. To prepare such plans and
programs and coordinate such plans and programs with State
efforts, the Director may request such reports on State plans
and operations for emergency preparedness as may be necessary
to keep the President, Congress, and the States advised of
the status of emergency preparedness in the United States.
``(c) Delegation of Emergency Preparedness
Responsibilities.--With the approval of the President, the
Director may delegate to other departments and agencies of
the Federal Government appropriate emergency preparedness
responsibilities and review and coordinate the emergency
preparedness activities of the departments and agencies with
each other and with the activities of the States and
neighboring countries.
``(d) Communications and Warnings.--The Director may make
appropriate provision for necessary emergency preparedness
communications and for dissemination of warnings to the
civilian population of a hazard.
``(e) Emergency Preparedness Measures.--The Director may
study and develop emergency preparedness measures designed to
afford adequate protection of life and property, including
``(1) research and studies as to the best methods of
treating the effects of hazards;
``(2) developing shelter designs and materials for
protective covering or construction; and
``(3) developing equipment or facilities and effecting the
standardization thereof to meet emergency preparedness
requirements.
``(f) Training Programs.--(1) The Director may--
``(A) conduct or arrange, by contract or otherwise, for
training programs for the instruction of emergency
preparedness officials and other persons in the organization,
operation, and techniques of emergency preparedness;
``(B) conduct or operate schools or including the payment
of travel expenses, in accordance with subchapter I of
chapter 57 of title 5, United States Code, and the
Standardized Government Travel Regulations, and per diem
allowances, in lieu of subsistence for trainees in attendance
or the furnishing of subsistence and quarters for trainees
and instructors on terms prescribed by the Director; and
``(C) provide instructors and training aids as necessary.
``(2) The terms prescribed by the Director for the payment
of travel expenses and per diem allowances authorized by this
subsection shall include a provision that such payment shall
not exceed one-half of the total cost of such expenses.
``(3) The Director may lease real property required for the
purpose of carrying out this subsection, but may not acquire
fee title to property unless specifically authorized by law.
``(g) Public Dissemination of Emergency Preparedness
Information.--The Director may publicly disseminate
appropriate emergency preparedness information by all
appropriate means.
``(h) Interstate emergency preparedness compacts.--(1) The
Director may--
``(A) assist and encourage the States to negotiate and
enter into interstate emergency preparedness compacts;
``(B) review the terms and conditions of such proposed
compacts in order to assist, to the extent feasible, in
obtaining uniformity between such compacts and consistency
with Federal emergency response plans and programs;
``(C) assist and coordinate the activities under such
compacts; and
``(D) aid and assist in encouraging reciprocal emergency
preparedness legislation by the States which will permit the
furnishing of mutual aid for emergency preparedness purposes
in the event of a hazard which cannot be adequately met or
controlled by a State or political subdivision thereof
threatened with or experiencing a hazard.
``(2) A copy of each interstate emergency preparedness
compact shall be transmitted promptly to the Senate and the
House of Representatives. The consent of Congress is deemed
to be granted to each such compact upon the expiration of the
60-day period beginning on the date on which the compact is
transmitted to Congress.
``(3) Nothing in this subsection shall be construed as
preventing Congress from disapproving, or withdrawing at any
time its consent to, any interstate emergency preparedness
compact.
``(i) Materials and Facilities.--(1) The Director may
procure by condemnation or otherwise, construct, lease,
transport, store, maintain, renovate or distribute materials
and facilities for emergency preparedness, with the right to
take immediate possession thereof.
``(2) Facilities acquired by purchase, donation, or other
means of transfer may be occupied, used, and improved for the
purposes of this title before the approval of title by the
Attorney General as required by section 355 of the Revised
Statutes (40 U.S.C. 255).
``(3) The Director shall submit to Congress a report, at
least quarterly, describing all property acquisitions made
pursuant to this subsection.
``(4) The Director may lease real property required for the
purpose of carrying out the provisions of this subsection,
but shall not acquire fee title to property unless
specifically authorized by law.
``(5) The Director may procure and maintain under this
subsection radiological, chemical, bacteriological, and
biological
[[Page 1735]]
agent monitoring and decontamination devices and distribute
such devices by loan or grant to the States for emergency
preparedness purposes, under such terms and conditions as the
Director shall prescribe.
``(j) Financial Contributions.--(1) The Director may make
financial contributions, on the basis of programs or projects
approved by the Director, to the States for emergency
preparedness purposes, including the procurement,
construction, leasing, or renovating of materials and
facilities. Such contributions shall be made on such terms or
conditions as the Director shall prescribe, including the
method of purchase, the quantity, quality, or specifications
of the materials or facilities, and such other factors or
care or treatment to assure the uniformity, availability, and
good condition of such materials or facilities.
``(2) No contribution may be made under this subsection for
the procurement of land or for the purchase of personal
equipment for State or local emergency preparedness workers.
``(3) The amounts authorized to be contributed by the
Director to each State for organizational equipment shall be
equally matched by such State from any source it determines
is consistent with its laws.
``(4) Financial contributions to the States for shelters
and other protective facilities shall be determined by taking
the amount of funds appropriated or available to the Director
for such facilities in each fiscal year and apportioning such
funds among the States in the ratio which the urban
population of the critical target areas (as determined by the
Director) in each State, at the time of the determination,
bears to the total urban population of the critical target
areas of all of the States.
``(5) The amounts authorized to be contributed by the
Director to each State for such shelters and protective
facilities shall be equally matched by such State from any
source it determines is consistent with its laws and, if not
matched within a reasonable time, the Director may reallocate
such amounts to other States under the formula described in
paragraph (4). The value of any land contributed by any State
or political subdivision thereof shall be excluded from the
computation of the State share under this subsection.
``(6) The amounts paid to any State under this subsection
shall be expended solely in carrying out the purposes set
forth herein and in accordance with State emergency
preparedness programs or projects approved by the Director.
The Director shall make no contribution toward the cost of
any program or project for the procurement, construction, or
leasing of any facility which (A) is intended for use, in
whole or in part, for any purpose other than emergency
preparedness, and (B) is of such kind that upon completion it
will, in the judgment of the Director, be capable of
producing sufficient revenue to provide reasonable assurance
of the retirement or repayment of such cost; except that
(subject to the preceding provisions of this subsection) the
Director may make a contribution to any State toward that
portion of the cost of the construction, reconstruction, or
enlargement of any facility which the Director determines to
be directly attributable to the incorporation in such
facility of any feature of construction or design not
necessary for the principal intended purpose thereof but
which is, in the judgment of the Director necessary for the
use of such facility for emergency preparedness purposes.
``(7) The Director shall submit to Congress a report, at
least annually, regarding all contributions made pursuant to
this subsection.
``(8) All laborers and mechanics employed by contractors or
subcontractors in the performance of construction work
financed with the assistance of any contribution of Federal
funds made by the Director under this subsection shall be
paid wages at rates not less than those prevailing on similar
construction in the locality as determined by the Secretary
of Labor in accordance with the Act of March 3, 1931
(commonly known as the Davis-Bacon Act (40 U.S.C. 276a-276a-
5)), and every such employee shall receive compensation at a
rate not less than one and \1/2\ times the basic rate of pay
of the employee for all hours worked in any workweek in
excess of eight hours in any workday or 40 hours in the
workweek, as the case may be. The Director shall make no
contribution of Federal funds without first obtaining
adequate assurance that these labor standards will be
maintained upon the construction work. The Secretary of Labor
shall have, with respect to the labor standards specified in
this subsection, the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and
section 2 of the Act of June 13, 1934 (40 U.S.C. 276(c)).
``(k) Sale or Disposal of Certain Materials and
Facilities.--The Director may arrange for the sale or
disposal of materials and facilities found by the Director to
be unnecessary or unsuitable for emergency preparedness
purposes in the same manner as provided for excess property
under the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 471 et seq.). Any funds received as proceeds
from the sale or other disposition of such materials and
facilities shall be deposited into the Treasury as
miscellaneous receipts.
``SEC. 612. MUTUAL AID PACTS BETWEEN STATES AND NEIGHBORING
COUNTRIES.
``The Director shall give all practicable assistance to
States in arranging, through the Department of State, mutual
emergency preparedness aid between the States and neighboring
countries.
``SEC. 613. CONTRIBUTIONS FOR PERSONNEL AND ADMINISTRATIVE
EXPENSES.
``(a) General Authority.--To further assist in carrying out
the purposes of this title, the Director may make financial
contributions to the States (including interstate emergency
preparedness authorities established pursuant to section
611(h)) for necessary and essential State and local emergency
preparedness personnel and administrative expenses, on the
basis of approved plans (which shall be consistent with the
Federal emergency response plans for emergency preparedness)
for the emergency preparedness of the States. The financial
contributions to the States under this section may not exceed
one-half of the total cost of such necessary and essential
State and local emergency preparedness personnel and
administrative expenses.
``(b) Plan Requirements.--A plan submitted under this
section shall--
``(1) provide, pursuant to State law, that the plan shall
be in effect in all political subdivisions of the State and
be mandatory on them and be administered or supervised by a
single State agency;
``(2) provide that the State shall share the financial
assistance with that provided by the Federal Government under
this section from any source determined by it to be
consistent with State law;
``(3) provide for the development of State and local
emergency preparedness operational plans, pursuant to
standards approved by the Director;
``(4) provide for the employment of a full-time emergency
preparedness director, or deputy director, by the State;
``(5) provide that the State shall make such reports in
such form and content as the Director may require; and
``(6) make available to duly authorized representatives of
the Director and the Comptroller General, books, records, and
papers necessary to conduct audits for the purposes of this
section.
``(c) Terms and Conditions.--The Director shall establish
such other terms and conditions as the Director considers
necessary and proper to carry out this section.
``(d) Application of Other Provisions.--In carrying out
this section, the provisions of section 611(h) and 621(h)
shall apply.
``(e) Allocation of Funds.--For each fiscal year concerned,
the Director shall allocate to each State, in accordance with
regulations and the total sum appropriated under this title,
amounts to be made available to the States for the purposes
of this section. Regulations governing allocations to the
States under this subsection shall give due regard to (1) the
criticality of the areas which may be affected by hazards
with respect to the development of the total emergency
preparedness readiness of the United States, (2) the relative
state of development of emergency preparedness readiness of
the State, (3) population, and (4) such other factors as the
Director shall prescribe. The Director may reallocate the
excess of any allocation not used by a State in a plan
submitted under this section. Amounts paid to any State or
political subdivision under this section shall be expended
solely for the purposes set forth in this section.
``(f) Submission of Plan.--If a State fails to submit a
plan for approval as required by this section within 60 days
after the Director notifies the States of the allocations
under this section, the Director may reallocate such funds,
or portions thereof, among the other States in such amounts
as, in the judgment of the Director, will best assure the
adequate development of the emergency preparedness capability
of the United States.
``(g) Annual Reports.--The Director shall report annually
to the Congress all contributions made pursuant to this
section.
``SEC. 614. REQUIREMENT FOR STATE MATCHING FUNDS FOR
CONSTRUCTION OF EMERGENCY OPERATING CENTERS.
``Notwithstanding any other provision of this title, funds
appropriated to carry out this title may not be used for the
purpose of constructing emergency operating centers (or
similar facilities) in any State unless such State matches in
an equal amount the amount made available to such State under
this title for such purpose.
``SEC. 615. USE OF FUNDS TO PREPARE FOR AND RESPOND TO
HAZARDS.
``Funds made available to the States under this title may
be used by the States for the purposes of preparing for
hazards and providing emergency assistance in response to
hazards. Regulations prescribed to carry out this section
shall authorize the use of emergency preparedness personnel,
materials, and facilities supported in whole or in part
through contributions under this title for emergency
preparedness activities and measures related to hazards.
``Subtitle B--General Provisions
``SEC. 621. ADMINISTRATIVE AUTHORITY.
``(a) In General.--For the purpose of carrying out the
powers and duties assigned to the Director under this title,
the Director may exercise the administrative authorities
provided under this section.
``(b) Advisory Personnel.--(1) The Director may employ not
more than 100 part-time or temporary advisory personnel
(including not to exceed 25 subjects of the United Kingdom or
citizens of Canada) as the Director considers to be necessary
in carrying out the provisions of this title.
``(2) Persons holding other offices or positions under the
United States for which they receive compensation, while
serving as advisory personnel, shall receive no additional
compensation for such service. Other part-
[[Page 1736]]
time or temporary advisory personnel so employed may serve
without compensation or may receive compensation at a rate
not to exceed $180 for each day of service, plus authorized
subsistence and travel, as determined by the Director.
``(c) Services of Other Agency Personnel and Volunteers.--
The Director may--
``(1) use the services of Federal agencies and, with the
consent of any State or local government, accept and use the
services of State and local agencies;
``(2) establish and use such regional and other offices as
may be necessary; and
``(3) use such voluntary and uncompensated services by
individuals or organizations as may from time to time be
needed.
``(d) Gifts.--Notwithstanding any other provision of law,
the Director may accept gifts of supplies, equipment, and
facilities and may use or distribute such gifts for emergency
preparedness purposes in accordance with the provisions of
this title.
``(e) Reimbursement.--The Director may reimburse any
Federal agency for any of its expenditures or for
compensation of its personnel and use or consumption of its
materials and facilities under this title to the extent funds
are available.
``(f) Printing.--The Director may purchase such printing,
binding, and blank-book work from public, commercial, or
private printing establishments or binderies as the Director
considers necessary upon orders placed by the Public Printer
or upon waivers issued in accordance with section 504 of
title 44, United States Code.
``(g) Rules and Regulations.--The Director may prescribe
such rules and regulations as may be necessary and proper to
carry out any of the provisions of this title and perform any
of the powers and duties provided by this title. The Director
may perform any of the powers and duties provided by this
title through or with the aid of such officials of the
Federal Emergency Management Agency as the Director may
designate..
``(h) Failure to Expend Contributions Correctly.--(1) When,
after reasonable notice and opportunity for hearing to the
State or other person involved, the Director finds that there
is a failure to expend funds in accordance with the
regulations, terms, and conditions established under this
title for approved emergency preparedness plans, programs, or
projects, the Director may notify such State or person that
further payments will not be made to the State or person from
appropriations under this title (or from funds otherwise
available for the purposes of this title for any approved
plan, program, or project with respect to which there is such
failure to comply) until the Director is satisfied that there
will no longer be any such failure.
``(2) Until so satisfied, the Director shall either
withhold the payment of any financial contribution to such
State or person or limit payments to those programs or
projects with respect to which there is substantial
compliance with the regulations, terms, and conditions
governing plans, programs, or projects hereunder.
``(3) As used in this subsection, the term `person' means
the political subdivision of any State or combination or
group thereof or any person, corporation, association, or
other entity of any nature whatsoever, including
instrumentalities of States and political subdivisions.
``SEC. 622. SECURITY REGULATIONS.
``(a) Establishment.--The Director shall establish such
security requirements and safeguards, including restrictions
with respect to access to information and property as the
Director considers necessary.
``(b) Limitations on Employee Access to Information.--No
employee of the Federal Emergency Management Agency shall be
permitted to have access to information or property with
respect to which access restrictions have been established
under this section, until it shall have been determined that
no information is contained in the files of the Federal
Bureau of Investigation or any other investigative agency of
the Government indicating that such employee is of
questionable loyalty or reliability for security purposes, or
if any such information is so disclosed, until the Federal
Bureau of Investigation shall have conducted a full field
investigation concerning such person and a report thereon
shall have been evaluated in writing by the Director.
``(c) National Security Positions.--No employee of the
Federal Emergency Management Agency shall occupy any position
determined by the Director to be of critical importance from
the standpoint of national security until a full field
investigation concerning such employee shall have been
conducted by the Director of the Office of Personnel
Management and a report thereon shall have been evaluated in
writing by the Director of the Federal Emergency Management
Agency. In the event such full field investigation by the
Director of the Office of Personnel Management develops any
data reflecting that such applicant for a position of
critical importance is of questionable loyalty or reliability
for security purposes, or if the Director of the Federal
Emergency Management Agency for any other reason considers it
to be advisable, such investigation shall be discontinued and
a report thereon shall be referred to the Director of the
Federal Emergency Management Agency for evaluation in
writing. Thereafter, the Director of the Federal Emergency
Management Agency may refer the matter to the Federal Bureau
of Investigation for the conduct of a full field
investigation by such Bureau. The result of such latter
investigation by such Bureau shall be furnished to the
Director of the Federal Emergency Management Agency for
action.
``(d) Employee Oaths.--Each Federal employee of the Federal
Emergency Management Agency acting under the authority of
this title, except the subjects of the United Kingdom and
citizens of Canada specified in section 621(b), shall execute
the loyalty oath or appointment affidavits prescribed by the
Director of the Office of Personnel Management. Each person
other than a Federal employee who is appointed to serve in a
State or local organization for emergency preparedness shall
before entering upon duties, take an oath in writing before a
person authorized to administer oaths, which oath shall be
substantially as follows:
`I, __________, do solemnly swear (or affirm) that I will
support and defend the Constitution of the United States
against all enemies, foreign and domestic; that I will bear
true faith and allegiance to the same; that I take this
obligation freely, without any mental reservation or purpose
of evasion; and that I will well and faithfully discharge the
duties upon which I am about to enter.
`And I do further swear (or affirm) that I do not advocate,
nor am I a member or an affiliate of any organization, group,
or combination of persons that advocates the overthrow of the
Government of the United States by force or violence; and
that during such time as I am a member of __________ (name of
emergency preparedness organization), I will not advocate nor
become a member or an affiliate of any organization, group,
or combination of persons that advocates the overthrow of the
Government of the United States by force or violence.'
After appointment and qualification for office, the director
of emergency preparedness of any State, and any subordinate
emergency preparedness officer within such State designated
by the director in writing, shall be qualified to administer
any such oath within such State under such regulations as the
director shall prescribe. Any person who shall be found
guilty of having falsely taken such oath shall be punished as
provided in section 1621 of title 18, United States Code.
``SEC. 623. USE OF EXISTING FACILITIES.
``In performing duties under this title, the Director--
``(1) shall cooperate with the various departments and
agencies of the Federal Government;
``(2) shall use, to the maximum extent, the existing
facilities and resources of the Federal Government and, with
their consent, the facilities and resources of the States and
political subdivisions thereof, and of other organizations
and agencies; and
``(3) shall refrain from engaging in any form of activity
which would duplicate or parallel activity of any other
Federal department or agency unless the Director, with the
written approval of the President, shall determine that such
duplication is necessary to accomplish the purposes of this
title.
``SEC. 624. ANNUAL REPORT TO CONGRESS.
``The Director shall annually submit a written report to
the President and Congress covering expenditures,
contributions, work, and accomplishments of the Federal
Emergency Management Agency pursuant to this title,
accompanied by such recommendations as the Director considers
appropriate.
``SEC. 625. APPLICABILITY OF TITLE.
``The provisions of this title shall be applicable to the
United States, its States, Territories and possessions, and
the District of Columbia, and their political subdivisions.
``SEC. 626. AUTHORIZATION OF APPROPRIATIONS AND TRANSFERS OF
FUNDS.
``(a) Authorization of Appropriations.--There are
authorized to be appropriated such sums as may be necessary
to carry out the provisions of this title.
``(b) Transfer Authority.--Funds made available for the
purposes of this title may be allocated or transferred for
any of the purposes of this title, with the approval of the
Director of the Office of Management and the Budget, to any
agency or government corporation designated to assist in
carrying out this title. Each such allocation or transfer
shall be reported in full detail to the Congress within 30
days after such allocation or transfer.
``SEC. 627. RELATION TO ATOMIC ENERGY ACT OF 1954.
``Nothing in this title shall be construed to alter or
modify the provisions of the Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.).
``SEC. 628. FEDERAL BUREAU OF INVESTIGATION.
``Nothing in this title shall be construed to authorize
investigations of espionage, sabotage, or subversive acts by
any persons other than personnel of the Federal Bureau of
Investigation.''.
(b) Conforming Amendment Regarding Definition of National
Defense.--Section 702(13) of the Defense Production Act of
1950 (50 U.S.C. App. 2152(13)) is amended by added at the end
the following new sentence: ``Such term includes emergency
preparedness activities conducted pursuant to title VI of The
Robert T. Stafford Disaster Relief and Emergency Assistance
Act.''.
SEC. 3412. REPEAL OF FEDERAL CIVIL DEFENSE ACT OF 1950.
(a) Repeal.--The Federal Civil Defense Act of 1950 (50
U.S.C. App. 2251 et seq.) is repealed.
(b) Conforming Amendments.--(1) Section 202(c) of The
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5132(c)) is amended by striking out ``section
201(c) of the Federal Civil Defense Act of 1950, as amended
(50 U.S.C. App. 2281(c)),''
[[Page 1737]]
and inserting in lieu thereof ``section 611(c) of this Act''.
(2) The paragraph under the heading ``civil defense
procurement fund'' in chapter XI of the Third Supplemental
Appropriation Act, 1951 (50 U.S.C. App. 2264), is repealed.
(3) Section 813(d) of the Agricultural Act of 1970 (7
U.S.C. 1427a(d)) is amended by striking out ``the provisions
of the Federal Civil Defense Act of 1950, as amended (50
U.S.C. App. 2251-2297).'' and inserting in lieu thereof
``title VI of The Robert T. Stafford Disaster Relief and
Emergency Assistance Act.''.
TITLE XXXV--NAVAL PETROLEUM RESERVES
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated to the
Secretary of Energy $199,456,000 for fiscal year 1995 for the
purpose of carrying out activities under chapter 641 of title
10, United States Code, relating to the naval petroleum
reserves (as defined in section 7420(2) of such title). Funds
appropriated pursuant to such authorization shall remain
available until expended.
SEC. 3502. PRICE REQUIREMENT ON SALE OF CERTAIN PETROLEUM
DURING FISCAL YEAR 1995.
Notwithstanding section 7430(b)(2) of title 10, United
States Code, during fiscal year 1995, any sale of any part of
the United States share of petroleum produced from Naval
Petroleum Reserves Numbered 1, 2, and 3 shall be made at a
price not less than 90 percent of the current sales price, as
estimated by the Secretary of Energy, of comparable petroleum
in the same area.
SEC. 3503. EXTENSION OF OPERATING CONTRACT FOR NAVAL
PETROLEUM RESERVE NUMBERED 1.
Notwithstanding section 7432(b) of title 10, United
States Code, the Secretary of Energy may extend the operating
contract for Naval Petroleum Reserve Numbered 1, in effect on
the date of the enactment of this Act, for an additional two
years effective on the expiration date of the contract.
However, the contract may obligate funds only to the extent
that such funds are made available in appropriation Acts.
TITLE XXXVI--PANAMA CANAL COMMISSION
SEC. 3601. SHORT TITLE.
This title may be cited as the ``Panama Canal Commission
Authorization Act for Fiscal Year 1995''.
SEC. 3602. AUTHORIZATION OF EXPENDITURES.
(a) In General.--Subject to subsection (b), the Panama
Canal Commission is authorized to make such expenditures
within the limits of funds and borrowing authority available
to it in accordance with law, and to make such contracts and
commitments without regard to fiscal year limitations, as may
be necessary under the Panama Canal Act of 1979 (22 U.S.C.
3601 et seq.) for the operation, maintenance, and improvement
of the Panama Canal for fiscal year 1995.
(b) Limitations.--For fiscal year 1995, the Panama Canal
Commission may expend from funds in the Panama Canal
Revolving Fund not more than $50,030,000 for administrative
expenses, of which not more than--
(1) $11,000 may be used for official reception and
representation expenses of the Supervisory Board of the
Commission;
(2) $5,000 may be used for official reception and
representation expenses of the Secretary of the Commission;
and
(3) $30,000 may be used for official reception and
representation expenses of the Administrator of the
Commission.
(c) Replacement Vehicles.--Funds available to the Panama
Canal Commission shall be available for the purchase of not
to exceed 43 passenger motor vehicles (including large heavy-
duty vehicles to be used to transport Commission personnel
across the isthmus of Panama). A vehicle may be purchased
with such funds only as necessary to replace another
passenger motor vehicle of the Commission. The purchase price
of each vehicle may not exceed $19,500.
SEC. 3603. EXPENDITURES IN ACCORDANCE WITH OTHER LAWS.
Expenditures authorized under this title may be made only
in accordance with the Panama Canal Treaties of 1977 and any
law of the United States implementing those treaties.
SEC. 3604. COSTS OF EDUCATIONAL SERVICES OBTAINED IN THE
UNITED STATES.
Section 1321(e)(2) of the Panama Canal Act of 1979 (22
U.S.C. 3731(e)(2)) is amended by inserting ``or the United
States'' after ``schools in the Republic of Panama''.
SEC. 3605. SPECIAL IMMIGRANT STATUS OF PANAMANIANS EMPLOYED
BY THE UNITED STATES IN THE FORMER CANAL ZONE.
Section 101(a)(27)(F) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(27)(F)) is amended in clause (ii) by
inserting ``or continues to be employed by the United States
Government in an area of the former Canal Zone'' after
``employment''.
And the House agree to the same.
From the Committee on Armed Services, for consideration of
the entire Senate bill and the entire House amendment, and
modifications committed to conference:
Ronald V. Dellums,
G.V. Montgomery,
Pat Schroeder,
Earl Hutto,
Ike Skelton,
Dave McCurdy,
Marilyn Lloyd,
Norman Sisisky,
John M. Spratt,
Solomon P. Ortiz,
H. Martin Lancaster,
Lane Evans,
James H. Bilbray,
John S. Tanner,
Glen Browder,
Martin T. Meehan,
Floyd Spence,
Duncan Hunter,
John R. Kasich,
Herbert H. Bateman,
Curt Weldon,
Jon Kyl,
Ronald K. Machtley,
Jim Saxton.
As additional conferees from the Committee on Education and
Labor, for consideration of sections 337, 346-47, 643, 924,
1051, and 1082 of the Senate bill and sections 351-54, 1133,
1136, 1138, and 1151 of the House amendment, and
modifications committed to conference:
William D. Ford,
William L. Clay,
Pat Williams,
William F. Goodling,
Steve Gunderson.
As additional conferees from the Committee on Energy and
Commerce, for consideration of sections 142, 324, 708,
2821(e)(3), 2849, 3151, 3155, 3157-58, 3160, and 3201 of the
Senate bill and sections 1055, 3201, and 3502 of the House
amendment, and modifications committed to conference:
John D. Dingell,
Phil Sharp,
Al Swift,
Carlos T. Moorhead,
Mike Bilirakis.
Provided, Mr. Waxman is appointed in lieu of Mr. Swift, and
Mr. Bliley is appointed in lieu of Mr. Bilirakis solely for
the consideration of section 708 of the Senate bill.
Henry A. Waxman,
Tom Bliley.
As additional conferees from the Committee on Foreign
Affairs, for consideration of sections 221-22, 225, 241, 251,
354, 823, 1012, 1013(b), 1014, 1015(a), 1016-18, 1021(a),
1021(b), 1022-23, 1024(c), 1031-32, 1041, 1065, 1070, 1074,
1078-79, 1088, 1092, and 1097 of the Senate bill and sections
1011(a), 1022-25, 1038, 1041, 1043, 1046-49, 1052, 1054,
1058-60, 1201-14, and 1401-04 of the House amendment, and
modifications committed to conference:
Lee H. Hamilton,
Sam Gejdenson,
Tom Lantos,
Bill Goodling.
As additional conferees from the Committee on Government
Operations, for consideration of sections 824, 2812(c), 2827,
and 3161 of the Senate bill and modifications committed to
conference:
John Conyers, Jr.,
E. Towns,
Mike Synar,
Bill Clinger.
As additional conferees from the Committee on Merchant Marine
and Fisheries, for consideration of sections 357, 601, 654,
2206, 2825, 3134, and 3501-05 of the Senate bill and sections
522-23, 527, 601-02, 1137, and 3134 of the House amendment,
and modifications committed to conference:
Gerry E. Studds,
William J. Hughes,
Billy Tauzin.
As additional conferees from the Committee on Natural
Resources, for consideration of section 2853 of the House
amendment and modifications committed to conference:
George Miller,
Bruce F. Vento,
Neil Abercrombie.
As additional conferees from the Committee on Post Office and
Civil Service, for consideration of sections 331-334, 346,
636, 901, 1080, 1087, 1090, and 3158 of the Senate bill and
sections 165, 351, 375, 1031, and 2816 of the House
amendment, and modifications committed to conference:
William Clay,
Frank McCloskey,
Eleanor H. Norton,
John Myers,
Constance A. Morella.
As additional conferees from the Committee on Public Works
and Transportation, for consideration of sections 324, 1086,
and 2827 of the Senate bill and section 3402 of the House
amendment, and modifications committed to conference:
Norman Y. Mineta,
Douglas Applegate,
James A. Traficant, Jr.,
Bud Shuster,
Bill Clinger.
Provided that Mr. Duncan is appointed in lieu of Mr. Clinger
solely for the consideration of section 2827 of the Senate
bill.
John J. Duncan, Jr.
As additional conferees from the Committee on Science, Space,
and Technology, for consideration of sections 232-249, and
3141 of the Senate bill and sections 211(a), 211(b), 216(a),
216(b), 216(c), 216(e), 217-18, 1112-15, and 3141 of the
House amendment, and modifications committed to conference:
George E. Brown, Jr.,
Tim Valentine,
Bobby Scott,
As additional conferees from the Committee on Veterans'
Affairs, for consideration of section 641 of the Senate bill
and modifications committed to conference:
G.V. Montgomery,
Jim Slattery,
Douglas Applegate,
Bob Stump,
Mike Bilirakis,
Managers on the Part of the House.
Sam Nunn,
Jim Exon,
Carl levin,
[[Page 1738]]
Ted Kennedy,
Jeff Bingaman,
John Glenn,
Richard Shelby,
Robert C. Byrd,
Bob Graham,
Chuck Robb,
Joseph I. Lieberman,
Richard H. Bryan,
Strom Thurmond,
John Warner,
William S. Cohen,
Trent Lott,
Dan Coats,
Bob Smith,
Lauch Faircloth,
Kay Bailey Hutchison,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
On motion of Mr. DELLUMS, the previous question was ordered on the
conference report to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. HASTINGS, announced that the yeas had it.
Mr. HANSEN objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
280
When there appeared
<3-line {>
Nays
137
Para. 98.18 [Roll No. 404]
YEAS--280
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barcia
Barlow
Barrett (NE)
Bateman
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Bliley
Blute
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Calvert
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (GA)
Collins (MI)
Cooper
Coppersmith
Costello
Coyne
Cramer
Cunningham
Danner
Darden
de la Garza
Deal
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (TX)
Engel
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frost
Furse
Gallegly
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Greenwood
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastert
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoke
Holden
Horn
Houghton
Hoyer
Hughes
Hutto
Hyde
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kim
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
LaRocco
Laughlin
Lazio
Lehman
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Mann
Manton
Manzullo
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKeon
McKinney
McMillan
Meehan
Meek
Menendez
Mfume
Mica
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Montgomery
Moorhead
Morella
Murphy
Murtha
Myers
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickle
Pomeroy
Porter
Poshard
Price (NC)
Quillen
Rahall
Rangel
Ravenel
Reed
Regula
Richardson
Ridge
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sangmeister
Santorum
Sarpalius
Sawyer
Schenk
Schumer
Scott
Serrano
Sharp
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Snowe
Spratt
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Visclosky
Volkmer
Waters
Watt
Weldon
Wheat
Williams
Wilson
Wise
Wynn
Yates
NAYS--137
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barca
Barrett (WI)
Bartlett
Barton
Bentley
Bilirakis
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Camp
Clinger
Coble
Collins (IL)
Combest
Condit
Conyers
Crane
Crapo
DeFazio
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (CA)
Ehlers
Emerson
Ewing
Fawell
Fields (TX)
Frank (MA)
Franks (CT)
Franks (NJ)
Gekas
Gingrich
Goodlatte
Goodling
Goss
Grandy
Gunderson
Hall (TX)
Hancock
Hansen
Hefley
Herger
Hoekstra
Huffington
Hunter
Hutchinson
Inglis
Johnson, Sam
Johnston
Kasich
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Leach
Levy
Lewis (FL)
Lightfoot
Linder
Maloney
Margolies-Mezvinsky
McCandless
McCollum
McCrery
McHugh
McInnis
McNulty
Meyers
Miller (FL)
Minge
Molinari
Nadler
Nussle
Packard
Paxon
Penny
Petri
Pickett
Pombo
Portman
Pryce (OH)
Ramstad
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Sanders
Saxton
Schaefer
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Smith (TX)
Solomon
Stark
Stearns
Stump
Talent
Taylor (NC)
Thomas (WY)
Torkildsen
Vento
Vucanovich
Walker
Walsh
Waxman
Wolf
Woolsey
Wyden
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--17
Becerra
Cox
Derrick
Flake
Gallo
Grams
Lantos
McDade
Michel
Moran
Quinn
Reynolds
Slattery
Spence
Sundquist
Washington
Whitten
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 98.19 correct enrollment--s. 2182
Mr. DELLUMS, by unanimous consent, submitted the following concurrent
resolution (H. Con. Res. 285):
Resolved by the House of Representatives (the Senate
concurring), That in the enrollment of the bill (S. 2182) to
authorize appropriations for fiscal year 1995 for military
activities of the Department of Defense, for military
construction, and for defense programs of the Department of
Energy, to prescribe personnel strengths for such fiscal year
for the Armed Forces, and for other purposes, the Secretary
of the Senate shall make the following corrections:
(1) In section 3136, strike our ``20 percent'' and insert
in lieu thereof ``80 percent''.
(2) Amend the title so as to read: ``An Act to authorize
appropriations for fiscal year 1995 for military activities
of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to
prescribe personnel strengths for such fiscal year for the
Armed Forces, and for other purposes.''.
When said concurrent resolution was considered and agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
Para. 98.20 waiving points of order against conference report on h.r.
4603
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-709) the resolution (H. Res. 523) waiving certain points of
order during consideration of the bill (H.R. 4603) making appropriations
for the Departments of Commerce, Justice, and State, the Judiciary, and
related agencies programs for the fiscal year ending September 30, 1995,
and making supplemental appropriations for these departments and
agencies for the fiscal year ending September 30, 1994, and for other
purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 98.21 unfinished business--approval of the journal
The SPEAKER pro tempore, Mr. HASTINGS, pursuant to clause 5, rule I,
announced the unfinished business to be the question on agreeing to the
Chair's approval of the Journal of Tuesday, August 16, 1994.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. HASTINGS, announced that the yeas had it.
[[Page 1739]]
Mrs. BENTLEY demanded a recorded vote on agreeing to the Chair's
approval of the Journal, which demand was supported by one-fifth of a
quorum, so a recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
228
<3-line {>
affirmative
Nays
154
Para. 98.22 [Roll No. 405]
AYES--228
Abercrombie
Ackerman
Andrews (ME)
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Beilenson
Berman
Bevill
Bilbray
Bishop
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Castle
Chapman
Clement
Clyburn
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cramer
Cunningham
Danner
Darden
de la Garza
Deal
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (TX)
Engel
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Foglietta
Ford (TN)
Frank (MA)
Frost
Furse
Gephardt
Geren
Gibbons
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Greenwood
Gutierrez
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Houghton
Hoyer
Hughes
Hutto
Inglis
Inslee
Jefferson
Johnson (GA)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kingston
Klein
Klink
Kopetski
LaFalce
Lambert
Lancaster
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McInnis
McKinney
McNulty
Meehan
Meek
Menendez
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Myers
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sarpalius
Sawyer
Schenk
Schumer
Scott
Serrano
Sharp
Shepherd
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Traficant
Tucker
Unsoeld
Velazquez
Vento
Volkmer
Waters
Watt
Wheat
Wilson
Wise
Woolsey
Wyden
Wynn
NOES--154
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Clay
Clayton
Clinger
Coble
Cox
Crane
Crapo
DeFazio
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gingrich
Goodlatte
Goodling
Goss
Grandy
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Hunter
Hyde
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kim
King
Klug
Knollenberg
Kolbe
Kreidler
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McHugh
McKeon
McMillan
Meyers
Mfume
Mica
Miller (FL)
Molinari
Morella
Nussle
Oxley
Packard
Paxon
Porter
Portman
Pryce (OH)
Quillen
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (TX)
Snowe
Solomon
Stearns
Stump
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Towns
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--52
Andrews (NJ)
Andrews (TX)
Applegate
Becerra
Blackwell
Brown (CA)
Canady
Coleman
Coyne
Derrick
Edwards (CA)
Fish
Flake
Ford (MI)
Gallo
Gejdenson
Grams
Green
Hall (OH)
Hayes
Hefner
Huffington
Hutchinson
Johnson (SD)
Kleczka
Lantos
Livingston
McCurdy
McDade
Michel
Moorhead
Moran
Murphy
Murtha
Petri
Quinn
Reynolds
Sangmeister
Schaefer
Sisisky
Skaggs
Slattery
Smith (OR)
Spence
Sundquist
Valentine
Visclosky
Washington
Waxman
Whitten
Williams
Yates
So the Journal was approved.
Para. 98.23 message from the president--duty-free access for belarus and
uzbekistan
The SPEAKER pro tempore, Mr. FARR, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
I am writing to inform you of my intent to add Belarus and Uzbekistan
to the list of beneficiary developing countries under the Generalized
System of Preferences (GSP). The GSP program offers duty-free access to
the U.S. market and is authorized by the Trade Act of 1974.
I have carefully considered the criteria identified in sections 501
and 502 of the Trade Act of 1974. In light of these criteria, and
particularly the level of development and initiation of economic
reforms in Belarus and Uzbekistan, I have determined that it is
appropriate to extend GSP benefits to these two countries.
This notice is submitted in accordance with section 502(a)(1) of the
Trade Act of 1974.
William J. Clinton.
The White House, August 17, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Ways and Means and ordered to
be printed (H. Doc. 103-293).
Para. 98.24 enrolled bills signed
Mr. ROSE from the Committee on House Administration, reported that
that committee had examined and found truly enrolled bills of the House
of the following titles, which were thereupon signed by the Speaker:
H.R. 2815. An Act to designate a portion of the Farmington
River in Connecticut as a component of the National Wild and
Scenic Rivers System.
H.R. 4812. An Act to direct the Administrator of General
Services to acquire by transfer the Old U.S. Mint in San
Francisco, California, and for other purposes.
Para. 98.25 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. BECERRA, for today;
To Mr. DERRICK, for today after 2 p.m.; and
To Mr. MORAN, for today.
And then,
Para. 98.26 adjournment
On motion of Mr. BUYER, at 10 o'clock and 40 minutes p.m., the House
adjourned.
Para. 98.27 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. BEILENSON: Committee on Rules. House Resolution 523.
Resolution waiving points of order against the conference
report to accompany the bill (H.R. 4603) making
appropriations for the Departments of Commerce, Justice, and
State, the Judiciary, and related agencies programs for the
fiscal year ending September 30, 1995, and making
supplemental appropriations for these departments and
agencies for the fiscal year ending September 30, 1994, and
for other purposes (Rept. No. 103-709). Referred to the House
Calendar.
Para. 98.28 subsequent action on a reported bill sequentially referred
Under clause 5 of rule X the following action was taken by the
Speaker:
Referral of H.R. 2680 to the Committee on Government
Operations extended for a period ending not later than August
18, 1994.
Para. 98.29 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Ms. DUNN:
H.R. 4973. A bill to amend title 18, United States Code, to
make it unlawful for any person to knowingly possess stolen
firearms or
[[Page 1740]]
stolen ammunition; to the Committee on the Judiciary.
By Mr. EVANS (for himself, Mr. Clay, Mr. Jefferson, Mr.
Barlow, Mr. Lipinski, Mr. Leach, Mr. Gutierrez, Mr.
Costello, Mr. Oberstar, Mr. Wheat, Mr. Baker of
Louisiana, Mr. Sangmeister, Mr. Montgomery, Mrs.
Lloyd, and Mr. Ford of Tennessee):
H.R. 4974. A bill to amend the Mississippi River Corridor
Study Commission Act of 1989 to extend the term of the
Commission established by such act; to the Committee on
Natural Resources.
By Mr. DREIER (for himself and Mr. Kolbe):
H.R. 4975. A bill to amend the Balanced Budget and
Emergency Deficit Control Act of 1985 to exclude changes in
tariffs from the paygo scorecard and to amend the
Congressional Budget and Impoundment Control Act of 1974 to
exempt changes in tariffs from certain points of order;
jointly, to the Committees on Government Operations and
Rules.
By Mr. HANSEN (for himself, Mr. Skeen, Mr. Bilbray, and
Mr. Pastor):
H.R. 4976. A bill to amend the Colorado River Basin
Salinity Control Act to authorize additional measures to
carry out the control of salinity upstream of Imperial Dam in
a cost-effective manner; to the Committee on Natural
Resources.
By Mr. KREIDLER (for himself, Mr. Murphy, Mr. Frank of
Massachusetts, Mr. Barlow, Mr. Martinez, Mr.
Oberstar, Mr. Jacobs, Mrs. Unsoeld, Ms. Eddie Bernice
Johnson of Texas, Mr. Torres, Mr. Vento, Mr. Wyden,
Mr. Synar, and Mr. Johnston of Florida):
H.R. 4977. A bill to change the appeals process in the
workers compensation provisions of title 5, United States
Code; to the Committee on Education and Labor.
By Mr. KREIDLER (for himself, Mr. Murphy, Mr. Frank of
Massachusetts, Mr. Barlow, Mr. Martinez, Mr.
Oberstar, Mr. Jacobs, Mrs. Unsoeld, Ms. Eddie Bernice
Johnson of Texas, Mr. Torres, Mr. Vento, Mr. Wyden,
Mr. Synar, and Mr. Johnston of Florida):
H.R. 4978. A bill to require the administrative agency
responsible for adjudicating claims under the workers
compensation provisions of title 5, United States Code, to
follow certain procedures in seeking medical opinions; to the
Committee on Education and Labor.
By Mr. KREIDLER (for himself, Mr. Murphy, Mr. Frank of
Massachusetts, Mr. Barlow, Mr. Martinez, Mr.
Oberstar, Mr. Jacobs, Mrs. Unsoeld, Ms. Eddie Bernice
Johnson of Texas, Mr. Torres, Mr. Vento, Mr. Wyden,
Mr. Synar, and Mr. Johnston of Florida):
H.R. 4979. A bill to require the administrative agency
responsible for adjudicating claims under the workers
compensation provisions of title 5, United States Code, to
select board-certified physicians to provide second opinions;
to the Committee on Education and Labor.
By Mr. LEWIS of Kentucky (for himself, Mr. Bunning, Mr.
Rogers, Mr. Mazzoli, Mr. Baesler, and Mr. Barlow):
H.R. 4980. A bill to designate the bridge on U.S. Route 231
which crosses the Ohio River between Maceo, KY, and Rockport,
IN, as the ``William H. Natcher Bridge''; to the Committee on
Public Works and Transportation.
By Mrs. SCHROEDER (for herself, Mr. Markey, and Ms.
Margolies-Mezvinsky):
H.R. 4981. A bill to amend certain Federal civil rights
statutes to prevent the involuntary application of
arbitration to claims that arise from unlawful employment
discriminaton based on race, color, religion, sex, national
origin, age, or disability; and for other purposes; jointly,
to the Committees on Education and Labor and the Judiciary.
By Mr. TORKILDSEN:
H.R. 4982. A bill to improve the enforcement of child
support obligations in both intrastate and interstate cases
by requiring the imposition and execution of liens against
the property of persons who owe overdue support; to the
Committee on Ways and Means.
By Mr. VOLKMER:
H.R. 4983. A bill to amend title IV of the Social Security
Act by reforming the Aid to Families with Dependent Children
Program, and for other purposes; jointly, to the Committees
on Ways and Means, Education and Labor, Energy and Commerce,
and Agriculture.
By Mr. DREIER (for himself, Mr. Gingrich, Mr. Armey,
Mr. Archer, Mr. Crane, Mr. Kolbe, Mr. Roberts, Mr.
Saxton, Mr. Ewing, Ms. Dunn, and Mr. Knollenberg):
H. Con. Res. 284. Concurrent resolution expressing the
sense of the Congress with respect to funding for the Uruguay
round of GATT negotiations; to the Committee on Ways and
Means.
By Mr. DELLUMS:
H. Con. Res. 285. Concurrent resolution directing the
Secretary of the Senate to make technical corrections in the
enrollment of S. 2182; considered and agreed to.
By Mr. BALLENGER (for himself and Mr. Hamilton):
H. Con. Res. 286. Concurrent resolution recognizing the
contribution of President Alfredo Christiani of El Salvador
to achieve peace and national reconciliation in El Salvador;
to the Committee on Foreign Affairs.
By Ms. DUNN (for herself, Mr. Deal, Mr. Hyde, Mr. Smith
of New Jersey, Mr. Kyl, Mrs. Fowler, Ms. Molinari,
Mr. Zimmer, Mr. Cunningham, Mrs. Roukema, Mr. Saxton,
Mr. Franks of New Jersey, Mr. Manzullo, and Mr.
Crapo):
H. Res. 524. Resolution providing for the consideration of
the bill (H.R. 3990) to provide protection from sexual
predators; to the Committee on Rules.
Para. 98.30 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
460. By the SPEAKER: Memorial of the General Assembly of
the State of California, relative to Norton Air Force Base;
to the Committee on Armed Services.
461. Also, memorial of the General Assembly of the State of
California, relative to women's health care; to the Committee
on Energy and Commerce.
462. Also, memorial of the General Assembly of the State of
California, relative to the Federal Safe Drinking Water Act;
to the Committee on Energy and Commerce.
463. Also, memorial of the General Assembly of the State of
California, relative to human rights violations and political
oppression in Vietnam; to the Committee on Foreign Affairs.
464. Also, memorial of the General Assembly of the State of
California, relative to law enforcement; to the Committee on
the Judiciary.
465. Also, memorial of the General Assembly of the State of
California, relative to the imprisonment of undocumented
alien criminals in Federal prisons; to the Committee on the
Judiciary.
466. Also, memorial of the General Assembly of the State of
California, relative to deportation of the spouses and
children of permanent U.S. residents; to the Committee on the
Judiciary.
467. Also, memorial of the General Assembly of the State of
California, relative to hate crimes; to the Committee on the
Judiciary.
468. Also, memorial of the General Assembly of the State of
California, relative to illegal aliens; to the Committee on
the Judiciary.
469. Also, memorial of the General Assembly of the State of
California, relative to gaming on cruise ships; to the
Committee on Merchant Marine and Fisheries.
470. Also, memorial of the General Assembly of the State of
California, relative to the New River; to the Committee on
Public Works and Transportation.
471. Also, memorial of the General Assembly of the State of
California, relative to recognition of capital loss on the
sale of a principal residence; to the Committee on Ways and
Means.
472. Also, memorial of the General Assembly of the State of
California, relative to the Federal income tax personal
exemption; to the Committee on Ways and Means.
Para. 98.31 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 127: Mr. Bereuter, Mr. Coppersmith, Mr. Frost, Mr.
Coyne, Mr. Miller of California, Mrs. Vucanovich, and Mr. de
Lugo.
H.R. 1110: Mr. DeLay.
H.R. 1164: Mr. Kennedy.
H.R. 1190: Mr. Dornan.
H.R. 2420: Mr. Solomon.
H.R. 2586: Mr. Synar.
H.R. 2910: Mr. Bereuter, Mr. Canady, and Mr. Hansen.
H.R. 3251: Mr. Crane, Mr. Sensenbrenner, and Mr. Barca of
Wisconsin.
H.R. 3270: Mr. Andrews of Texas.
H.R. 3722: Mr. Underwood.
H.R. 3782: Mr. Klug, Mr. Deutsch, Mr. Zimmer, and Mr. Wynn.
H.R. 3897: Mr. Fingerhut.
H.R. 4116: Mr. Johnson of South Dakota.
H.R. 4210: Ms. Margolies-Mezvinsky, Mr. Holden, Mr.
Huffington, Mr. Ridge, and Mr. Manton.
H.R. 4260: Mr. Gunderson.
H.R. 4375: Mr. Evans.
H.R. 4411: Mr. Visclosky.
H.R. 4449: Mr. Ackerman, Mr. Barrett of Wisconsin, Mr.
Boehlert, Mr. Dellums, Mr. Evans, Mr. Engel, Mr. Foglietta,
Mr. Hilliard, Mr. Hochbrueckner, Mr. Hughes, Mr. Owens, Mr.
Serrano, and Ms. Velazquez.
H.R. 4541: Mr. Hamilton, Mr. Burton of Indiana, Mr.
Ackerman, Mr. Hastings, Mr. Edwards of California, Mr. Engel,
Mr. Berman, Mr. Gejdenson, Mr. Lantos, Mr. Bacchus of
Florida, Mrs. Meek of Florida, Mr. Penny, Mr. Barrett of
Wisconsin, Mr. Dellums, Mr. Wynn, Mr. Oberstar, Mr.
Washington, Mr. Hughes, Mr. McCloskey, Ms. Brown of Florida,
Ms. Eddie Bernice Johnson of Texas, Mr. Rangel, Mr. de Lugo,
Mr. Houghton, Mr. Hilliard, Mr. Reynolds, Mrs. Clayton, Mr.
Conyers, Mr. Jefferson, Mr. Hall of Ohio, Mr. Walsh, Mr.
Klein, Mr. Rush, Mr. Leach, Ms. Furse, Mr. Mfume, Mr. Bonior,
Mr. Durbin, Mr. Watt, and Mr. Synar.
H.R. 4548: Mr. Abercrombie.
H.R. 4643: Mr. Smith of Oregon.
H.R. 4699: Mr. Minge and Ms. DeLauro.
H.R. 4780: Mr. Orton, Mr. Moran, Mr. Price of North
Carolina, Mr. Klink, Mr. Parker, Mr. Dingell, Mrs. Kennelly,
and Mr. Miller of California.
H.R. 4792: Mr. Gunderson.
H.R. 4802: Mr. Sanders, Mr. Schumer, Mr. Gene Green of
Texas, Mr. Calvert, Mr. Pomeroy, and Ms. Kaptur.
[[Page 1741]]
H.R. 4810: Ms. Velazquez and Mr. Filner.
H.R. 4851: Mr. Parker, Mr. Clay, Mr. McNulty, Mrs. Collins
of Illinois, Mr. Ackerman, Ms. Furse, and Mr. Reynolds.
H.R. 4860: Mr. Visclosky
H.R. 4902: Ms. Pryce of Ohio.
H.R. 4944: Mr. Dornan and Mr. Richardson.
H.J. Res. 338: Mr. McDermott, Mr. Roemer, and Mr.
Visclosky.
H.J. Res. 362: Mr. Meehan, Mr. Johnson of South Dakota,
and Mr. Thompson.
H.J. Res. 382: Mr. Bishop and Mr. Murtha.
H.J. Res. 397: Mr. Emerson, Mr. Thompson, Mr. Pastor, Mr.
Frost, Mr. Towns, Mr. McNulty, Mr. Foglietta, Mr.
Coppersmith, Mr. Reynolds, Mr. Reed, Mr. Quinn, Mrs. Meyers,
of Kansas, Mr. McKeon, Mr. Mann Mr. LaRocco, Mr. Pete Geren
of Texas, Ms. Woolsey, Mr. Schiff, and Ms. Waters.
H. Con. Res. 148: Mr. Gilman.
H. Con. Res. 251: Mr. Lantos, Mrs. Meyers of Kansas Mr.
Rohrabacher, Mr. McCloskey Mr. Smith of New Jersey, Mr.
Oberstar, Mr. Traficant, Mr. Hall of Texas, Mr. Serrano, Mr.
Miller of California, Mr. Lipinski, Mr. Porter, Mr. Moran,
and Mr. McNulty.
H. Con. Res. 255: Mr. Shays and Mr. Duncan.
H. Res. 430: Mr. Gingrich, Mr. Menendez, and Mr. Manton.
H. Res. 472: Mr. Weldon and Mr. Ballenger.
H. Res. 485: Mr. Lewis of Florida, Mr. Talent, Mr. Grams,
Mr. Cooper, and Mr. Franks, of New Jersey.
Para. 98.32 petitions, etc.
Under clause 1 of rule XXII, petitions and papers were laid on the
Clerk's desk and referred as follows:
118. By the SPEAKER: Petition of the attorney general of
the State of Arizona, relative to State health care fraud
control units; to the Committee on Energy and Commerce.
119. Also, petition of the attorney general of the State of
Texas, relative to State health care fraud control units; to
the Committee on Energy and Commerce.
120. Also, petition of the attorney general of the State of
Michigan, relative to State health care fraud control units;
to the Committee on Energy and Commerce.
121. Also, petition of the attorney general of the State of
New Mexico, relative to State health care fraud control
units; to the Committee on Energy and Commerce.
122. Also, petition of the Department of Public Safety of
the State of Utah, relative to State health and care fraud
control units; to the Committee on Energy and Commerce.
123. Also, petition of the attorney general of the State of
Minnesota, relative to State health care fraud control units;
to the Committee on Energy and Commerce.
124. Also, petition of the attorney general of the State of
North Carolina, relative to State health care fraud control
units; to the Committee on Energy and Commerce.
Para. 98.33 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 140: Mr. Zimmer.
.
THURSDAY, AUGUST 18, 1994 (99)
The House was called to order by the SPEAKER.
Para. 99.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Wednesday, August 17, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 99.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3719. A letter from the Acting Director, Office of
Management and Budget, transmitting OMB estimate of the
amount of change in outlays or receipts, as the case may be,
in each fiscal year through fiscal year 1999 resulting from
passage of H.R. 4429, pursuant to Public Law 101-508, section
13101(a) (104 Stat. 1388-582); to the Committee on Government
Operations.
3720. A letter from the Clerk, U.S. House of
Representatives, transmitting the quarterly report of
receipts and expenditures of appropriations and other funds
for the period April 1, 1994, through June 30, 1994, pursuant
to 2 U.S.C. 104a. (H. Doc. No. 103-294); to the Committee on
House Administration and ordered to be printed.
3721. A letter from the Comptroller General of the United
States, transmitting the ninth report on the assignment or
detail of General Accounting Office (GAO) employees to
congressional committees as of July 8, 1994; jointly, to the
Committees on Appropriations and Government Operations.
3722. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a report required
by section 508 of the FREEDOM Support Act, pursuant to 22
U.S.C. 5852; jointly, to the Committees on Foreign Affairs
and Appropriations.
Para. 99.3 waiving points of order against the conference report on h.r.
4603
Mr. BEILENSON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 523):
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (H.R. 4603) making appropriations for the Departments of
Commerce, Justice, and State, the Judiciary, and related
agencies programs for the fiscal year ending September 30,
1995, and making supplemental appropriations for these
departments and agencies for the fiscal year ending September
30, 1994, and for other purposes. All points of order against
the conference report and against its consideration are
waived. The conference report shall be considered as read.
When said resolution was considered.
After debate,
Mr. BEILENSON moved the previous question on the resolution to its
adoption or rejection.
The question being put, viva voce,
Will the House now order the previous question?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that the
yeas had it.
Mr. ROHRABACHER objected to the vote on the ground that a quorum was
not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
241
When there appeared
<3-line {>
Nays
172
Para. 99.4 [Roll No. 406]
YEAS--241
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Callahan
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clyburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Condit
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Foglietta
Ford (MI)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Kolbe
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Livingston
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Reed
Regula
Richardson
Roemer
Rogers
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--172
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Calvert
Camp
Canady
Castle
Clinger
Coble
Combest
Cox
Crane
Crapo
Cunningham
[[Page 1742]]
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McCurdy
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Ridge
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Thurman
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--21
Becerra
Clement
Cooper
Flake
Ford (TN)
Gallo
Klein
Klink
Lantos
McDade
Owens
Pickett
Rangel
Reynolds
Rose
Skeen
Slattery
Smith (MI)
Sundquist
Torkildsen
Washington
So the previous question on the resolution was ordered.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that the
yeas had it.
Mr. DREIER demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
235
<3-line {>
affirmative
Nays
175
Para. 99.5 [Roll No. 407]
YEAS--235
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Foglietta
Ford (MI)
Frank (MA)
Frost
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klink
Kolbe
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Richardson
Roemer
Rogers
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tejeda
Thompson
Thornton
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--175
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Brown (CA)
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grandy
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McCurdy
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Skelton
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thurman
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--24
Becerra
Clement
Cooper
Deutsch
Flake
Ford (TN)
Furse
Grams
Johnson (CT)
Klein
Lantos
Livingston
Lowey
McDade
Owens
Pickett
Reynolds
Rose
Slattery
Smith (MI)
Sundquist
Thomas (WY)
Valentine
Washington
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 99.6 modification of conferees--s.1587
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, by unanimous consent
and pursuant to clause 6(f) of rule X, announced the Speaker's
modifications in the appointment of conferees on the part of the House
to the conference with the Senate on the disagreeing votes of the two
Houses on the amendment of the House to the bill of the Senate (S. 1587)
to revise and streamline the acquisition laws of the Federal Government,
and for other purposes, as follows:
As additional conferees from the Committee on Energy and Commerce,
for consideration of sections 4024(g), 6003(a)(4) and (b)(4), and
8005(c)(6) of the Senate bill, and modifications committed to
conference: Messrs. Dingell, Swift, and Moorhead.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 99.7 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed without amendment, a bill of the House of the
following title:
H.R. 4790. An Act to designate the United States courthouse
under construction in St. Louis, Missouri, as the ``Thomas F.
Eagleton United States Courthouse.''
The message also announced that the Senate had passed a bill of the
following title, in which the concurrence of the House is requested:
S. 2073. An Act to designate the United States courthouse
that is scheduled to be constructed in Concord, New
Hampshire, as the ``Warren B. Rudman United States
Courthouse'', and for other purposes.
Para. 99.8 subpoena
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, laid before the
[[Page 1743]]
House a communication, which was read as follows:
Congress of the United States,
House of Representatives,
Washington, DC, August 17, 1994.
Hon. Thomas S. Foley,
Speaker of the House of Representatives,
The Capitol, Washington, DC.
Dear Mr. Speaker: This is to formally notify you, pursuant
to Rule L (50) of the Rules of the House, that my office has
been served with a subpoena issued by the Commonwealth of
Pennsylvania, County of Lehigh.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoena is not
inconsistent with the privileges and precedents of the House.
Sincerely,
Paul McHale.
Para. 99.9 commerce, justice, state, judiciary appropriations
Mr. MOLLOHAN, pursuant to House Resolution 523, called up the
following conference report (Rept. No. 103-708):
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the Senate to the bill (H.R.
4603) ``making appropriations for the Departments of
Commerce, Justice, and State, the Judiciary, and related
agencies programs for the fiscal year ending September 30,
1995, and making supplemental appropriations for these
departments and agencies for the fiscal year ending September
30, 1994, and for other purposes,'' having met, after full
and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the Senate recede from its amendments numbered 2, 5,
7, 9, 11, 12, 13, 14, 17, 36, 37, 43, 44, 47, 48, 49, 63, 66,
68, 71, 74, 76, 85, 86, 87, 89, 90, 91, 94, 96, 98, 99, 106,
109, 116, 117, 121, 124, 132, 133, 134, 135, 136, 137, 138,
142, 143, 151, and 157.
That the House recede from its disagreement to the
amendments of the Senate numbered 8, 10, 18, 26, 30, 32, 39,
40, 42, 51, 54, 56, 69, 78, 79, 81, 83, 102, 103, 104, 113,
114, 120, 122, 128, 130, 146, 148, 149, 153, 156, 160, 161,
and 162, and agree to the same.
Amendment numbered 1:
That the House recede from its disagreement to the
amendment of the Senate numbered 1, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$98,100,000; and the Senate agree to the same.
Amendment numbered 3:
That the House recede from its disagreement to the
amendment of the Senate numbered 3, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$62,000,000; and the Senate agree to the same.
Amendment numbered 4:
That the House recede from its disagreement to the
amendment of the Senate numbered 4, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert the following: : Provided, That of the
funds made available in fiscal year 1995 under chapter A of
subpart 2 of Part E of title I of the Omnibus Crime Control
and Safe Streets Act of 1968, as amended: (a) $2,000,000
shall be available for the District of Columbia Metropolitan
Area Drug Enforcement Task Force; (b) not to exceed $500,000
shall be available to make grants or enter contracts to carry
out the Denial of Federal Benefits program under the
Controlled Substances Act, as amended by the Crime Control
Act of 1990 (21 U.S.C. 862); and (c) $500,000 shall be
available to carry out the provisions of the Anti Car Theft
Act of 1992 (Public Law 102-519), for grants to be used in
combating motor vehicle theft, of which $200,000 shall be
available pursuant to subtitle B of title I of said Act, and
of which $300,000 shall be available pursuant to section 306
of title III of said Act: Provided further, That funds made
available in fiscal year 1995 under subpart 1 of part E of
title I of the Omnibus Crime Control and Safe Streets Act of
1968, as amended, may be obligated for programs for the
prosecution of driving while intoxicated charges and the
enforcement of other laws relating to alcohol use and the
operation of motor vehicles
, and
on page 3 line 10 through and including line 12 of the House
engrossed bill, H.R. 4603, strike ``; (c) $6,000,000 shall be
available for implementation of the Federal Bureau of
Investigation's National Instant Background Check System'';
and the Senate agree to the same.
Amendment numbered 6:
That the House recede from its disagreement to the
amendment of the Senate numbered 6, and agree to the same
with an amendment, as follows:
Delete the matter stricken by said amendment and delete the
matter inserted by said amendment
, and
strike all on page 4, line 10 of the House engrossed bill,
H.R. 4603, and all that follows down through and including
line 6 on page 5; and the Senate agree to the same.
Amendment numbered 15:
That the House recede from its disagreement to the
amendment of the Senate numbered 15, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$120,185,000; and the Senate agree to the same.
Amendment numbered 16:
That the House recede from its disagreement to the
amendment of the Senate numbered 16, and agree to the same
with an amendment, as follows:
Delete the matter stricken by said amendment, and delete
the matter inserted by said amendment
, and
strike all on page 8, line 5 and all that follows down to and
including line 10 of the House engrossed bill, H.R. 4603; and
the Senate agree to the same.
Amendment numbered 19:
That the House recede from its disagreement to the
amendment of the Senate numbered 19, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$417,202,000; and the Senate agree to the same.
Amendment numbered 20:
That the House recede from its disagreement to the
amendment of the Senate numbered 20, and agree to the same
with an amendment, as follows:
Delete the matter stricken by said amendment and delete the
matter inserted by said amendment
, and
strike all on page 11, line 9 and all that follows done to
and including line 14 of the House engrossed bill, H.R. 4603;
and the Senate agree to the same.
Amendment numbered 21:
That the House recede from its disagreement to the
amendment of the Senate numbered 21, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert the following: $80,655,000: Provided, That
notwithstanding any other provision of law, not to exceed
$39,640,000 of offsetting collections derived from fees
collected for premerger notification filings under the Hart-
Scott-Rodino Antitrust Improvement Act of 1976 (15 U.S.C.
18(a)) shall be retained and used for necessary expenses in
this appropriation, and shall remain available until
expended: Provided further, That the sum herein appropriated
shall be reducd as such offsetting collections are received
during fiscal year 1995, so as to result in a final fiscal
year 1995 appropriation estimated at not more than
$41,015,000: Provided further, That any fees received in
excess of $39,640,000 in fiscal year 1995 shall remain
available until expended, but shall not be available for
obligation until October 1, 1995; and the Senate agree to
same.
Amendment numbered 22:
That the House recede from its disagreement to the
amendment of the Senate numbered 22, and agreed to the same
with an amendment as follows:
In lieu of the sum proposed by said amendment, insert:
$829,723,000; and the Senate agree to the same.
Amendment numbered 23:
That the House recede from its disagreement to the
amendment of the Senate numbered 23, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert the following: In addition, for all
reasonable and necessary expenses to implement the Attorney
General's Violent Crime Task Force Initiatives in the United
States Attorney Offices, $15,000,000, to remain available
until expended, including the reasonable and necessary
expenses of intergovernmental, interlocal, cooperative and
task force agreements, however denominated, and contracts
with State and local prosecutive and law enforcement agencies
engaged in the investigation and prosecution of crimes of
violence and drug trafficking crimes.
And the Senate agree to the same.
Amendment numbered 24:
That the House recede from its disagreement to the
amendment of the Senate numbered 24, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert the following: $103,190,000, as authorized
by 28 U.S.C. 589a(a), to remain available until expended, for
activities authorized by section 115 of the Bankruptcy
Judges, United States Trustees, and Family Farmer Bankruptcy
Act of 1986 (Public Law 99-554), of which $62,593,000 shall
be derived from the United States Trustee System Fund:
Provided, That deposits to the Fund are available in such
amounts as may be necessary to pay refunds due depositors:
Provided further, That, notwithstanding any other provision
of law, not to exceed $40,597,000 of offsetting collections
derived from fees collected pursuant to section 589a(f) of
title 28, United States Code, as amended by section 111 of
Public Law 102-140 (105 Stat. 795), shall be retained and
used for necessary expenses in this appropriation: Provided
further, That the $103,190,000 herein appropriated shall be
reduced as such offsetting collections are received during
fiscal year 1995, so as to result in a final fiscal year 1995
appropriation estimated at not more than $62,593,000:
Provided further, That any of the aforementioned fees
collected in excess of $40,597,000; and the Senate agree to
the same.
Amendment numbered 25:
That the House recede from its disagreement to the
amendment of the Senate numbered 25, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$396,847,000; and the Senate agree to the same.
Amendment numbered 27:
That the House recede from its disagreement to the
amendment of the Senate numbered 27, and agree to the same
with an amendment, as follows:
[[Page 1744]]
In lieu of the sum proposed by said amendment, insert:
$374,943,000; and the Senate agree to the same.
Amendment numbered 28:
That the House recede from its disagreement to the
amendment of the Senate numbered 28, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$2,206,871,000; and the Senate agree to the same.
Amendment numbered 29:
That the House recede from its disagreement to the
amendment of the Senate numbered 29, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$757,204,000; and the Senate agree to the same.
Amendment numbered 31:
That the House recede from its disagreement to the
amendment of the Senate numbered 31, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$1,102,671,000; and the Senate agree to the same.
Amendment numbered 33:
That the House recede from its disagreement to the
amendment of the Senate numbered 33, and agree to the same
with an amendment, as follows:
Delete the matter stricken by said amendment and delete the
matter inserted by said amendment
, and
strike all on page 22, line 12 and all that follows down to
and including line 22 of the House engrossed bill, H.R. 4603;
and the Senate agree to the same.
Amendment numbered 34:
That the House recede from its disagreement to the
amendment of the Senate numbered 34, and agree to the same
with an amendment, as follows:
In lieu of the sum named in said amendment, insert:
$50,000,000; and the Senate agree to the same.
Amendment numbered 35:
That the House recede from its disagreement to the
amendment of the Senate numbered 35, and agree to the same
with an amendment, as follows:
In lieu of the sum named in said amendment, insert:
$75,000,000; and the Senate agree to the same.
Amendment numbered 38:
That the House recede from its disagreement to the
amendment of the Senate numbered 38, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$280,000,000; and the Senate agree to the same.
Amendment numbered 41:
That the House recede from its disagreement to the
amendment of the Senate numbered 41, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
Sec. 110. Paragraph 524(c)(9) of title 28, United States
Code, is amended by adding subparagraph (E), as follows:
``(E) Subject to the notification procedures contained in
section 605 of Public Law 103-121, and after satisfying the
transfer requirement in subparagraph (B) above, any excess
unobligated balance remaining in the Fund on September 30,
1994 shall be available to the Attorney General, without
fiscal year limitation, for any federal law enforcement,
litigative/prosecutive, and correctional activities, or any
other authorized purpose of the Department of Justice. Any
amounts provided pursuant to this section may be used under
authorities available to the organization receiving the
funds.''.
And the Senate agree to the same.
Amendment numbered 45:
That the House recede from its disagreement to the
amendment of the Senate numbered 45, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert
the following:
Sec. 112. Section 1404(a)(5)(B) of the Victims of Crime Act
of 1984 (42 U.S.C. 10603(a)(5)(B)) is amended by striking
``1994'' and inserting ``1955''.
Sec. 113. Notwithstanding any other provision of law--
(a) No transfers may be made from Department of Justice
accounts other than those authorized in this Act, or in
previous or subsequent appropriations acts for the Department
of Justice, or in part II of title 28 of the United States
Code, or in section 10601 of title 42 of the United States
Code.
(b) No appropriation account within the Department of
Justice shall have its allocation of funds controlled by
other than an apportionment issued by the Office of
Management and Budget or an allotment advice issued by the
Department of Justice.
And the Senate agree to the same.
Amendment numbered 46:
That the House recede from its disagreement to the
amendment of the Senate numbered 46, and agree to the same
with an amendment, as follows:
In lieu of the section number named in said amendment,
insert the following: Sec. 114.
And insert the following:
Sec. 115.
(a) In General.--Except as provided in subsection (c), an
individual described in subsection (b) may be appointed
noncompetitively, under a career or career-conditional
appointment, to a position in the competitive service if--
(1) the individual meets the qualification requirements
prescribed by the Office of Personnel Management for the
position to which appointed;
(2) the last previous Federal employment of the individual
was as an employee of the Criminal Justice Information
Services Division of the Federal Bureau of Investigation; and
(3) the individual is appointed to such position within two
years after separating from the Criminal Justice Information
Services Division.
(b) Individual Described.--An individual described in this
subsection is an individual who--
(1) on the date of the enactment of this Act--
(A) is an employee of the Criminal Justice Information
Services Division of the Federal Bureau of Investigation; and
(B) is serving in an appointed position (i) to be relocated
from Washington, District of Columbia, to Clarksburg, West
Virginia, and (ii) that is excepted by law or regulation from
the competitive service; and
(2) has not relocated with his or her position in the
Criminal Justice Information Services Division to Clarksburg,
West Virginia.
(c) Application.--This section does not apply to an
individual serving on the date of the enactment of this Act
in an appointed position on a temporary or term basis.
(d) This section may be cited as the ``Criminal Justice
Information Services Placement Assistance Act''.
And the Senate agree to the same.
Amendment numbered 50:
That the House recede from its disagreement to the
amendment of the Senate numbered 50, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$9,000,000; and the Senate agree to the same.
Amendment numbered 52:
That the House recede from its disagreement to the
amendment of the Senate numbered 52, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$233,000,000; and the Senate agree to the same.
Amendment numbered 53:
That the House recede from its disagreement to the
amendment of the Senate numbered 53, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended as
follows:
In lieu of the sum ``$166,832,000'' insert: $185,232,000
and in lieu of the sum ``$50,432,000'' insert: $68,832,000;
and the Senate agree to the same.
Amendment numbered 55:
That the House recede from its disagreement to the
amendment of the Senate numbered 55, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert the following: $94,428,000: Provided, That
notwithstanding any other provision of law, not to exceed
$39,640,000 of offsetting collections derived from fees
collected for premerger notification filings under the Hart-
Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C.
18(a)) shall be retained and used for necessary expenses in
this appropriation, and shall remain available until
expended: Provided further, That the sum herein appropriated
shall be reduced as such offsetting collections are received
during fiscal year 1995, so as to result in a final fiscal
year 1995 appropriation estimated at not more than
$54,788,000: Provided further, That any fees received in
excess of $39,640,000 in fiscal year 1995 shall remain
available until expended, but shall not be available for
obligation until October 1, 1995: Provided further, That
section 605 of Public Law 101-162 (103 Stat. 1031), as
amended, is further amended by striking ``$25,000'' and
inserting in lieu thereof ``$45,000''; and the Senate agree
to the same.
Amendment numbered 57:
That the House recede from its disagreement to the
amendment of the Senate numbered 57, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended as
follows:
In lieu of the sum ``$900,000'' named in said amendment,
insert: $74,856,000; and the Senate agree to the same.
Amendment numbered 58:
That the House recede from its disagreement to the
amendment of the Senate numbered 58, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$265,000,000; and the Senate agree to the same.
Amendment numbered 59:
That the House recede from its disagreement to the
amendment of the Senate numbered 59, and agree to the same
with an amendment, as follows:
Delete the matter stricken by said amendment and in lieu of
the sum ``$554,000,000'' insert: $525,000,000; and the Senate
agree to the same.
Amendment numbered 60:
That the House recede from its disagreement to the
amendment of the Senate numbered 60, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$1,835,000,000; and the Senate agree to the same.
Amendment numbered 61:
That the House recede from its disagreement to the
amendment of the Senate numbered 61, and agree to the same
with an amendment, as follows:
Restore the matter stricken of said amendment, amended to
read as follows: That notwithstanding 31 U.S.C. 3302 but
consistent with other existing law, in addition to fees
currently being assessed and collected, additional fees shall
be assessed, collected, and credited to this appropriation as
offsetting collections to be available until expended, to
recover the costs of administering marine sanctuary and
aeronauti-
[[Page 1745]]
cal charting programs: Provided further, That the sum herein
appropriated from the general fund shall be reduced as such
additional fees are received during fiscal year 1995, so as
to result in a final general fund appropriation estimated at
not more than $1,829,000,000: Provided further, That any such
additional fees received in excess of $6,000,000 in fiscal
year 1995 shall not be available for obligation until October
1, 1995: Provided further,; and the Senate agree to the same.
Amendment numbered 62:
That the House recede from its disagreement to the
amendment of the Senate numbered 62, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert the following: : Provided further, That
hereafter all receipts received from the sale of aeronautical
charts that result from an increase in the price of
individual charts above the level in effect for such charts
on September 30, 1993, shall be deposited in this account as
an offsetting collection and shall be available for
obligation: Provided further, That grants to States pursuant
to sections 306 and 306(a) of the Coastal Zone Management
Act, as amended, shall not exceed $2,000,000 and shall not be
less than $500,000, and any grant made in fiscal year 1995 to
a State which did not receive funding under this program in
fiscal year 1994 shall not exceed $800,000: Provided further,
That of the total amount appropriated in this paragraph,
$16,000,000 shall be available for the integrated program
office for convergence of civilian and military polar-
orbiting meteorological satellites; and the Senate agree to
the same.
Amendment numbered 64:
That the House recede from its disagreement to the
amendment of the Senate numbered 64, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert the
following: $97,600,000; of which $2,500,000 is for a grant to
the City of Kansas City, Missouri, for development of a
weather and environmental center; and of which the following
amounts shall be available to carry out continuing
construction activities: $3,500,000 for a grant for
construction of a Multispecies Aquaculture Center in the
State of New Jersey; $1,000,000 for a grant to the Mystic
Seaport, Mystic, Connecticut, for a maritime education
center; $5,200,000 for a grant to the Center for
Interdisciplinary Research and Education in Indiana; and
$2,000,000 for a grant for the construction of the
Massachusetts Biotechnology Research Institute in Boston; and
all sums in this paragraph are; and the Senate agree to the
same.
Amendment numbered 65:
That the House recede from its disagreement to the
amendment of the Senate numbered 65, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended to
read as follows:
Fishing Vessel Obligations Guarantees
For the cost, as defined in section 502 of the Federal
Credit Reform Act of 1990, of guaranteed loans authorized by
the Merchant Marine Act of 1936, as amended, $250,000:
Provided, That none of the funds made available under this
heading may be used to guarantee loans for the purchase of
any new or existing fishing vessel.
And the Senate agree to the same.
Amendment numbered 67:
That the House recede from its disagreement to the
amendment of the Senate numbered 67, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert
$136,000,000; and the Senate agree to the same.
Amendment numbered 70:
That the House recede from its disagreement to the
amendment of the Senate numbered 70, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert the following: $266,450,000, to remain
available until expended; of which $930,000 is for a grant to
the Michigan Biotechnology Institute; $1,000,000 is for a
grant to the Emerging Technologies Institute in Sacramento,
California; $1,700,000 is for a grant to the Massachusetts
Biotechnology Research Institute; $1,200,000 is for a grant
to the Center for Global Competitiveness in Loretto,
Pennsylvania; and $3,400,000 is for a grant to the Textile
Clothing Technology Center; and the Senate agree to the same.
Amendment numbered 72:
That the House recede from its disagreement to the
amendment of the Senate numbered 72, and agree to the same
with an amendment, as follows:
In lieu of the sum stricken and inserted by said amendment,
insert the following: $43,900,000, of which $31,872,000 shall
remain available until expended: Provided, That $600,000 is
available only for a grant for the NTTC to implement a
Minority Apprenticeship Program in Technology Management;
$100,000 is available only for a grant for a Minority
Economic Opportunity Center in Cleveland, Ohio; and $200,000
is available only for a grant for the U.S.-Africa Trade and
Technology Center in Savannah, Georgia; and the Senate agree
to the same.
Amendment numbered 73:
That the House recede from its disagreement to the
amendment of the Senate numbered 73, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$16,407,000; and the Senate agree to the same.
Amendment numbered 75:
That the House recede from its disagreement to the
amendment of the Senate numbered 75, and agree to the same
with an amendment as follows:
In lieu of the sum proposed by said amendment, insert the
following: $83,000,000, to remain available until expended,
of which $6,000,000 is available only for the acquisition of
high performance computing capability: Provided, That of the
offsetting collections credited to this account, $2,195,000
are permanently canceled: Provided further, That the funds
made available under this heading are
, and
on page 48, line 23 of the House engrossed bill, H.R. 4603,
strike ``to remain available until expended,''; and the
Senate agree to the same.
Amendment numbered 77:
That the House recede from its disagreement to the
amendment of the Senate numbered 77, and agree to the same
with an amendment as follows:
Restore the matter stricken by said amendment, amended as
follows:
In lieu of the sum ``$12,000,000'' insert: $8,000,000; and
the Senate agree to the same.
Amendment numbered 80:
That the House recede from its disagreement to the
amendment of the Senate numbered 80, and agree to the same
with an amendment as follows:
In lieu of the sum proposed by said amendment, insert:
$29,000,000; and the Senate agree to the same.
Amendment numbered 82:
That the House recede from its disagreement to the
amendment of the Senate numbered 82, and agree to the same
with an amendment as follows:
In lieu of the sum proposed by said amendment, insert
$64,000,000; and the Senate agree to the same.
Amendment numbered 84:
That the House recede from its disagreement to the
amendment of the Senate numbered 84, and agree to the same
with an amendment as follows:
In lieu of the matter stricken and inserted by said
amendment, insert the following: and for trade adjustment
assistance, $408,024,000; and the Senate agree to the same.
Amendment numbered 88:
That the House recede from its disagreement to the
amendment of the Senate numbered 88, and agree to the same
with an amendment as follows:
In lieu of the sum proposed by said amendment, insert:
$24,240,000; and the Senate agree to the same.
Amendment numbered 92:
That the House recede from its disagreement to the
amendment of the Senate numbered 92, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$2,340,127,000; and the Senate agree to the same.
Amendment numbered 93:
That the House recede from its disagreement to the
amendment of the Senate numbered 93, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$59,346,000; and the Senate agree to the same.
Amendment numbered 95:
That the House recede from its disagreement to the
amendment of the Senate numbered 95, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$47,500,000; and the Senate agree to the same.
Amendment numbered 97:
That the House recede from its disagreement to the
amendment of the Senate numbered 97, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$8,800,000; and the Senate agree to the same.
Amendment numbered 100:
That the House recede from its disagreement to the
amendment of the Senate numbered 100, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert the
following: $76,100,000
, and
on page 63, line 4 of the House engrossed bill, H.R. 4603,
after ``priated.'' insert the following:
Of the budgetary resources available to the Maritime
Administration of the Department of Transportation during
fiscal year 1995, $360,000 are permanently canceled. The
Secretary of Transportation shall allocate the amount of
budgetary resources canceled among the Department's Maritime
Administration accounts available for procurement and
procurement-related expenses. Amounts available for
procurement and procurement-related expenses in each such
account shall be reduced by the amount allocated to such
account. for the purposes of this paragraph, the definition
of ``procurement'' includes all stages of the process of
acquiring property or services, beginning with the process of
determining a need for a product or services and ending with
contract completion and closeout, as specified in 41 U.S.C.
403(2).
And the Senate agree to the same.
Amendment numbered 101:
That the House recede from its disagreement to the
amendment of the Senate numbered 101, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$150,000,000; and the Senate agree to the same.
Amendment numbered 105:
That the House recede from its disagreement to the
amendment of the Senate numbered 105, and agree to the same
with an amendment, as follows:
[[Page 1746]]
In lieu of the sum proposed by said amendment, insert the
following: $258,175,000 of which $15,000,000 shall be
available to implement section 24 of the Small Business Act,
as amended, including $500,000 to be made available only to
the City of Buffalo, New York: Provided, That section 24(e)
of the Small Business Act (15 U.S.C. 651(e)) is amended by
striking ``fiscal years 1992 through 1994'' and inserting in
lieu thereof ``fiscal years 1995 through 1997''; Provided
further, That section 112(c)(2) of the Small Business
Administration Reauthorization and Amendment Act of 1988 (102
Stat. 2996) is amended by striking ``October 1, 1994'' and
inserting ``October 1, 1997''; and the Senate agree to the
same.
Amendment numbered 107:
That the House recede from its disagreement to the
amendment of the Senate numbered 107, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$77,375,000; and the Senate agree to the same.
Amendment numbered 108:
That the House recede from its disagreement to the
amendment of the Senate numbered 108, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment, insert:
$3,375,000; and the Senate agree to the same.
Amendment numbered 110:
That the House recede from its disagreement to the
amendment of the Senate numbered 110, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$9,596,000; and the Senate agree to the same.
Amendment numbered 111:
That the House recede from its disagreement to the
amendment of the Senate numbered 111, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert the
following: $278,305,000 as authorized by 15 U.S.C. 631 note,
of which $1,216,000, to be available until expended, shall be
for the Microloan Guarantee program, and of which the
following shall remain available until September 30, 1996:
$15,990,000 for the Small Business Investment Company
Debentures Program; $7,398,000 for the Specialized Small
Business Investment Company Program; and $20,457,000 for the
Small Business Investment Company Participating Securities
Program, and of which $30,000,000 shall be used to pre-pay
the Federal Financing Bank for debentures guaranteed by the
Administration pursuant to section 503 of the Small Business
Investment Act: Provided, that such costs, including the cost
of modifying such loans, shall be as defined in section 602
of the Congressional Budget Act of 1974. In addition, for
expenses not otherwise provided for, of the Small Business
Administration, $27,350,000 of which: $750,000 shall be
available for a grant to the North Carolina Biotechnology
Center for a demonstration project which would integrate
small business formation and preparation of a biotechnology
workforce; $500,000 shall be available for continuation of a
grant to the Van Emmons Population marketing Analysis Center,
Towanda, Pennsylvania, for an integrated small business data
base to assist Appalachian Region small businesses;
$1,000,000 shall be available for continuation of a grant to
the City of Prestonsburg, Kentucky, for small business
development assistance; $375,000 shall be available for a
grant to the State of Nebraska for establishing the Nebraska
Micro Enterprise Initiative to include a clearinghouse and
training and counseling programs; $3,000,000 shall be
available for continuation of a grant to the National Center
for Genome Resources in New Mexico to provide consulting
assistance, information and related services to small
businesses and for related purposes; $1,000,000 shall be
available for continuation of a grant for the Genesis Small
Business Incubator Facility, Fayetteville, Arkansas; $500,000
shall be available for a grant to an entity in Bozeman,
Montana, to establish a small business assistance center to
assist small businesses to qualify and participate in the
Small Business Innovation Research (SBIR) program; $1,000,000
shall be available for continuation of a grant to Center for
Entrepreneurial Opportunity in Greensburg, Pennsylvania, to
provide for a small business consulting and assistance center
for entrepreneurial opportunities; $1,500,000 for a grant to
a consortium in Buffalo, New York, to provide assistance to
small businesses for technical improvement of commercial
industrial products; $250,000 shall be available for a grant
to the Western Massachusetts Enterprise Fund to expand
microlending to entrepreneurs and small businesses; $400,000
shall be available for continuation of a grant to the State
of Ohio, Department of Development, International Trade
Division to assist small businesses to expand export
opportunities; $1,000,000 shall be available for continuation
of a grant to assist the development of a small business
consulting, information and assistance center in hazard,
Kentucky; $2,000,000 shall be available for continuation of a
grant to the WVHTC Foundation for build-out, equipment, and
operations costs for a small business incubator facility and
for an outreach grant program to assist small business
economic development; $125,000 shall be available for a grant
to an organization in Bowling Green, Kentucky, to establish a
small business pilot program to convert municipal waste into
a marketable product; $2,500,000 shall be available for a
grant to the City of Carbondale, Pennsylvania, to establish
and operate a small business incubator facility; $500,000
shall be available for continuation of a grant to the New
York City Public Library for construction and related costs
for the Industry and Business Library; $200,000 shall be
available for continuation of a grant to assist the Small
Business Institute program of the Small Business
Administration to establish and operate a National Data
Center Small Business Institute program in Conway, Arkansas;
$4,000,000 shall be available for a grant to the Unified
Technology Center in Cleveland, Ohio, the assist small
businesses in the design of high quality environmentally
sound processes; $1,250,000 shall be available for a grant to
the City of Whitesburg, Kentucky, to develop and equip a
facility to promote the development of small businesses and
enhance economic development; $2,500,000 shall be available
for a grant to the City of Wheeling, West Virginia, for the
Oglebay Small Business Rural Development Center; $1,000,000
shall be available for a grant for a Small Business
Development Institute in North Philadelphia, Pennsylvania,
for a facility to assist and train minority small businesses;
$250,000 shall be available for continuation of a grant to
the City of Espanola, New Mexico, for the second phase of the
development of the Espanola Plaza project to assist small
businesses and enhance economic development; $1,000,000 shall
be available for a grant to North Central West Virginia
Community Action to establish a small business rural
enterprise training interstate and microloan demonstration
program; $500,000 shall be available for a grant to the
Mississippi Delta Small Business Technology Project, Little
Rock, Arkansas for technology education for small business
owners and employees; and $250,000 shall be available for a
grant to establish a small business incubator facility in
West Charlotte, North Carolina
, and
on page 68, line 5 of the House engrossed bill, H.R. 4603,
strike ``, as authorized by'' and all that follows through
``note'' on line 6, page 68.
And the Senate agree to the same.
Amendment numbered 112:
That the House recede from its disagreement to the
amendment of the Senate numbered 112, and agree to the same
with an amendment, as follows:
Delete the matter proposed by said amendment
, and
on page 68, line 6 of the House engrossed bill, H.R. 4603,
strike ``of which $30,000,000 shall be used'' and all that
follows down to and including the period on line 12, page 68.
And the Senate agree to the same.
Amendment numbered 115:
That the House recede from its disagreement to the
amendment of the Senate numbered 115, and agree to the same
with an amendment, as follows:
In lieu of the section number named in said amendment,
insert: Sec. 402.
And the Senate agree to the same.
Amendment numbered 118:
That the House recede from its disagreement to the
amendment of the Senate numbered 118, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$1,731,416,000
; and the Senate agree to the same.
Amendment numbered 119:
That the House recede from its disagreement to the
amendment of the Senate numbered 119, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert the following: : Provided, That hereafter
all receipts received from a new charge from expedited
passport processing shall be deposited in this account as an
offsetting collection and shall be available until expended:
Provided further, That hereafter all receipts received from
an increase in the charge for Immigrant Visas in effect on
September 30, 1994, caused by processing an applicant's
fingerprints, shall be deposited in this account as an
offsetting collection and shall remain available until
expended. Of the funds appropriated under this heading: not
to exceed $4,000,000 shall be available for grants,
contracts, and other activities to conduct research and
promote international cooperation and environmental and other
scientific issues; not to exceed $600,000 shall be available
to carry out the activities of the Commission on Protecting
and Reducing Government Secrecy; and not to exceed $300,000
shall be available to carry out activities of the Office of
Cambodian Genocide Investigations. None of the funds
appropriated under this heading shall be available to carry
out the provisions of section 101(b)(2)(E) of Public Law 103-
236.
Of the funds provided under this heading, $28,356,000 shall
be available only for the Diplomatic Telecommunications
Service for operation of existing base services and
$15,000,000 shall be available only for the enhancement of
the Diplomatic Telecommunications Service (DTS), except that
such latter amount shall not be available for obligation
until the expiration of the 15-day beginning on the date on
which the Secretary of State and the Director of the
Diplomatic Telecommunications Service Program Office submit
the DTS planning report required by section 507; and the
Senate agree to the same.
Amendment numbered 123:
That the House recede from its disagreement to the
amendment of the Senate numbered 123, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert: not
to exceed $117,864,000; and the Senate agree to the same.
Amendment numbered 125::
That the House recede from its disagreement to the
amendment of the Senate numbered 125, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert the following:
$877,222,000, of which not to exceed $4,000,000 is
available to pay arrearages, the payment of which shall be
directed toward special activities that are mutually agreed
upon by the United
[[Page 1747]]
States and the respective international organization; and the
Senate agree to the same.
Amendment numbered 126:
That the House recede from its disagreement to the
amendment of the Senate numbered 126, and agree to the same
with an amendment, as follows:
After the word ``taken'' in said amendment, insert: , and
anticipated,; and the Senate agree to the same.
Amendment numbered 127:
That the House recede from its disagreement to the
amendment of the Senate numbered 127, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert the following: $533,304,000, of which not
to exceed $288,000,000 is available to pay arrearages
accumulated in fiscal year 1994 and not to exceed $23,092,000
is available to pay other outstanding arrearages: Provided,
That funds shall be available for peacekeeping expenses only
upon a certification by the Secretary of State to the
appropriate committees of the Congress that American
manufacturers and suppliers are being given opportunities to
provide equipment, services and material for the United
Nations peacekeeping activities equal to those being given to
foreign manufacturers and suppliers; and the Senate agree to
the same.
Amendment numbered 129:
That the House recede from its disagreement to the
amendment of the Senate numbered 129, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert the
following: $6,644,000
, and
on page 82, line 11 of the House engrossed bill, H.R. 4603,
strike ``$15,000,000'' and insert in lieu thereof
$10,000,000.
And the Senate agreed to the same.
Amendment numbered 131:
That the House recede from its disagreement to the
amendment of the Senate numbered 131, and agree to the same
with an amendment, as follows:
In subsection (c) of said amendment, after ``1994'' insert
the following: and shall cease to have effect on October 1,
1997; and the Senate agree to the same.
Amendment numbered 139:
That the House recede from its disagreement to the
amendment of the Senate numbered 139, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert
the following:
Sec. 507.(a) Diplomatic Telecommunications Service
Financial Management.--In fiscal year 1995 and each
succeeding fiscal year--
(1) the Secretary of State shall provide funds for the
operation of the Diplomatic Telecommunications Service (DTS)
in a sufficient amount to sustain the current level of
support services being provided by the DTS, and no portion of
such amount may be reprogrammed or transferred for any other
purpose;
(2) all funds for the operation and enhancement of the DTS
shall be directly available for use by the Diplomatic
Telecommunications Service Program Office (DTS-PO); and
(3) the DTS-PO financial management officer shall be
provided direct access to the Department of State financial
management system to independently monitor and control the
obligation and expenditure of all funds for the operation and
enhancement of the DTS.
(b) DTS Policy Board.--Within 60 days after the date of the
enactment of this Act, the Secretary of State and the
Director of the DTS-PO shall restructure the DTS Policy Board
to provide for representation on the Board, during fiscal
year 1995 and each succeeding fiscal year, by--
(1) the Director of the DTS-PO;
(2) the senior information management official from each
agency currently serving on the Board;
(3) a senior career information management official from
each of the Department of Commerce, the United States
Information Agency, and the Defense Intelligence Agency; and
(4) a senior career information management official from
each of 2 other Federal agencies served by the DTS, each of
whom shall be appointed on a rotating basis by the Secretary
of State and the Director of the DTS-PO for a 2-year term.
(c) DTS Consolidation Pilot Program.--
(1) In general.--The Secretary of State and the Director of
the DTS-PO shall carry out a program under which total DTS
consolidation will be completed before October 1, 1995, at
not less than five embassies of medium to large size.
(2) Pilot program requirements.--Under the program required
in paragraph (1)--
(A) each participating embassy shall be provided with a
full range of integrated information services, including
message, data, and voice, without additional charge;
(B) a combined transmission facility shall be established
and jointly operated, with open access to all unclassified
transmission equipment;
(C) an unclassified packet switch communication system
shall be installed and shall serve all foreign affairs
agencies associated with the embassy;
(D) separate classified transmission systems (including
MERCURY) shall be terminated; and
(E) all foreign affairs agency systems requiring
international communications capability shall obtain such
capability solely through the DTS.
(3) Pilot program report.--Not later than January 15, 1996,
the Secretary of State and the Director of the DTS-PO shall
submit to the Committees on Appropriations of the House and
Senate a report describing the actions taken under the
program required by this subsection. The report shall include
a cost-benefit analysis for each embassy participating in the
program.
(d) DTS Planning Report.--Not later than January 15, 1995,
the Secretary of State and the Director of the DTS-PO shall
submit to the Committees on Appropriations a DTS planning
report. The report shall include--
(1) a detailed plan for carrying out the pilot program
required by subsection (c), including an estimate of the
funds required for such purpose; and
(2) a comprehensive DTS strategy plan that contains
detailed plans and schedules for--
(A) an overall DTS network configuration and security
strategy;
(B) transition of the existing dedicated circuits and
classified transmission systems to the unclassified packet
switch communications system;
(C) provision of a basic level of voice service for all DTS
customers;
(D) funding of new initiatives and of replacement of
current systems;
(E) combining existing DTS network control centers, relay
facilities, and overseas operations; and
(F) reducing the extensive reliance of DTS-PO on the full-
time services of contractors.
And the Senate agree to the same.
Amendment numbered 140:
That the House recede from its disagreement to the
amendment of the Senate numbered 140, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert
the following: of which not less than $9,500,000 is available
until expended only for activities related to the
implementation of the Chemical Weapons Convention, and; and
the Senate agree to the same.
Amendment numbered 141:
That the House recede from its disagreement to the
amendment of the Senate numbered 141, and agree to the same
with an amendment, as follows:
In lieu of the sum provides by said amendment, insert:
$41,500,000; and the Senate agree to the same.
Amendment numbered 144:
That the House recede from its disagreement to the
amendment of the Senate numbered 144, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$238,279,000; and the Senate agree to the same.
Amendment numbered 145:
That the House recede from its disagreement to the
amendment of the Senate numbered 145, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert the following: $500,000 is available for
the Mike Mansfield Fellowship Program; and the Senate agree
to the same.
Amendment numbered 147:
That the House recede from its disagreement to the
amendment of the Senate numbered 147, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$468,796,000
, and
on page 89, line 26 of the House engrossed bill, H.R. 4603
strike ``$239,735,000'' and insert in lieu thereof
$229,735,000.
And the Senate agree to the same.
Amendment numbered 150:
That the House recede from its disagreement to the
amendment of the Senate numbered 150, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert
the following: : Provided further, That funds appropriated
under this Act used by the Board of International
Broadcasting or the Broadcasting Board of Governors to
relocate offices or operations of RFE/RL, Incorporated, from
Munich, Germany, to Prague, Czech Republic, shall be made
available only from funds provided for the Board for
International Broadcasting in this paragraph: Provided
further, That none of the funds provided by this Act for the
United States Information Agency, except for amounts made
available for transfer to the Board for International
Broadcasting, shall be available for any excess cost to
implement the plan required by Sec. 310 of Public Law 103-
236: Provided further, That no funds appropriated under this
heading may be expended for the payment of retroactive
operating costs, including rent on facilities, in Prague, or
for the payment of operating costs prior to the date of
signing a lease by RFE/RL, Incorporated: Provided further,
That not less than the amount appropriated by this Act for
the Office of Inspector General, Board for International
Broadcasting shall be available for semiannual reviews of
RFE/RL, Incorporated and that on-site review is maintained at
the current level throughout the duration of the relocation
transition; and the Senate agree to the same.
Amendment numbered 152:
That the House recede from its disagreement to the
amendment of the Senate numbered 152, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert the following:
radio free asia
For expenses necessary to carry out the Radio Free Asia
program as authorized by section 309 of the International
Broadcasting Act of 1994 (title III of the Foreign Relations
Authorization Act of 1994, Public Law 103-236), $10,000,000,
to remain available until expended.
broadcasting to cuba
For expenses necessary to enable the United States
Information Agency to carry out the Radio Broadcasting to
Cuba Act, as amended
[[Page 1748]]
(22 U.S.C. 1465 et seq.) (providing for the Radio Marti
Program or Cuba Service of the Voice of America), the
Television Broadcasting to Cuba Act (22 U.S.C. 1465aa et
seq.) and the International Broadcasting Act of 1994 (title
III of the Foreign Relations Authorization Act of 1994,
Public Law 103-236), including the purchase, rent,
construction, and improvement of facilities for radio and
television transmission and reception, and purchase and
installation of necessary equipment for radio and television
transmission and reception, $24,809,000, to remain available
until expended.
And the Senate agree to the same.
Amendment numbered 154:
That the House recede from its disagreement to the
amendment of the Senate numbered 154, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended as
follows:
In lieu of the sum named in said amendment, insert:
$4,000,000; and the Senate agree to the same.
Amendment numbered 155:
That the House recede from its disagreement to the
amendment of the Senate numbered 155, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$34,000,000; and the Senate agree to the same.
Amendment numbered 158:
That the House recede from its disagreement to the
amendment of the Senate numbered 158, and agree to the same
with an amendment, as follows:
In lieu of the section number named in said amendment,
insert: Sec. 609.
And the Senate agree to the same.
Amendment numbered 159:
That the House recede from its disagreement to the
amendment of the Senate numbered 159, and agree to the same
with an amendment, as follows:
In lieu of the heading, ``Sec. 611. Religious Liberty.'' in
said amendment, insert: Sec. 610.
, and
in subsection (b)(1) after ``guidelines'', insert: at this
time; and the Senate agreed to the same.
Amendment numbered 163:
That the House recede from its disagreement to the
amendment of the Senate numbered 163, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken by said amendment, insert:
TITLE VIII--DEPARTMENT OF JUSTICE
Office of Justice Programs
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other
assistance to carry out the provisions of subpart 1 of part E
of title I of the Omnibus Crime Control and Safe Streets Acts
of 1968, as amended, notwithstanding the provisions of
section 511 of said Act, $450,000,000, to remain available
until expended, for the Edward Byrne Memorial State and Local
Law Enforcement Assistance Grant Program.
state criminal records upgrade
For grants, contracts, cooperative agreements, and other
assistance authorized by section 106(b) of the Brady Handgun
Violence Prevention Act of 1993, Public Law 103-159 (107
Stat. 1536), $100,000,000, to remain available until
expended, of which up to $6,000,000 may be used for
implementation of the Federal Bureau of Investigation's
National Instant Background Check System: Provided, That not
to exceed one percentum of the amount appropriated herein
shall be available for salaries and expenses for management
and administration to be transferred to and merged with the
appropriations for Justice Assistance.
state correctional grants
For grants to States to develop, construct, or expand
military style boot camp prison programs which include
coordinated, intensive aftercare services for inmates
following release, $24,500,000, to remain available until
expended: Provided, That not to exceed one percentum of the
amount appropriated herein shall be available for salaries
and expenses for management and administration to be
transferred to and merged with the appropriations for Justice
Assistance.
drug courts
For grants, contracts, cooperative agreements, and other
assistance to implement drug court programs which combine
intensive probationary supervision and mandatory drug testing
and treatment as an alternative punishment for young, non-
violent drug offenders, $29,000,000, to remain available
until expended: Provided, That not to exceed one percentum of
the amount appropriated herein shall be available for
salaries and expenses for management and administration to be
transferred to and merged with the appropriations for Justice
Assistance.
grants to combat violent crimes against women
For grants, contracts, cooperative agreements, and other
assistance to develop and strengthen effective law
enforcement and prosecution strategies to combat violent
crimes against women, and to develop and strengthen victim
services in cases involving crimes against women,
$26,000,000, to remain available until expended: Provided,
That not to exceed one percentum of the amount appropriated
herein shall be available for salaries and expenses for
management and administration to be transferred to and merged
with the appropriations for Justice Assistance.
ounce of prevention council
For grants by the Ounce of Prevention Council, $1,500,000,
to remain available until expended.
state criminal alien assistance program
For necessary expenses, as authorized by section 501 of the
Immigration Reform and Control Act of 1986, as amended (8
U.S.C. 1365), $130,000,000, to remain available until
expended: Provided, That the Attorney General shall
promulgate regulations to (a) prescribe requirements for
program participation eligibility for States, (b) require
verification by States of the eligible incarcerated
population data with the Immigration and Naturalization
Service, (c) prescribe a formula for distributing assistance
to eligible States, and (d) award assistance to eligible
State: Provided further, That of the amount appropriated
herein, one-third shall be distributed on a preliminary basis
no later than 120 days after the beginning of the fiscal
year, according to regulations promulgated by the Attorney
General: Provided further, That the remaining two-thirds of
the amount appropriated herein shall be distributed after
final application for program participation to be submitted
by the States by September 30, 1995: Provided further, That
not to exceed one percentum of the amount appropriated herein
shall be available for salaries and expenses for management
and administration to be transferred to and merged with the
appropriations for Justice Assistance.
General Administration
salaries and expenses
In addition to amounts otherwise made available in this
Act, for necessary expenses of the Executive Office for
Immigration Review associated with the President's
Immigration Initiative, $17,400,000, of which not to exceed
$6,000,000 shall remain available until expended.
community policing
For grants, contracts, cooperative agreements, and other
assistance for the Cops on the Beat Program, $1,300,000,000
to remain available until expended, of which $200,000,000
shall be available to the Bureau of Justice Assistance to
make awards to jurisdictions pursuant to the police hiring
grant program provided in the supplemental appropriation for
Justice Assistance contained in the Supplemental
Appropriations Act of 1993 (Public Law 103-50, 107 Stat.
246): Provided, That not to exceed $11,000,000 of the amount
appropriated herein shall be available for salaries and
expenses for program administration, of which $900,000 shall
be transferred to and merged with the management and
administration program of the Justice Assistance
appropriation.
Legal Activities
salaries and expenses, general legal activities
In addition to amounts otherwise made available in this Act
for ``Salaries and Expenses, General Legal Activities'',
$4,600,000 for necessary expenses of the Civil Division
associated with the President's Immigration Initiative, of
which not to exceed $1,500,000 shall remain available until
expended.
salaries and expenses, United States attorneys
In addition to amounts otherwise made available in this Act
for ``Salaries and Expenses, United States Attorneys'',
$6,800,000 for necessary expenses associated with the
President's Immigration Initiative, of which not to exceed
$2,000,000 shall remain available until expended.
Immigration and Naturalization Service
salaries and expenses
In addition to amounts otherwise made available under this
heading in this Act for ``Salaries and Expenses'',
$100,600,000 to implement the President's Immigration
Initiative, of which not to exceed $32,000,000 shall remain
available until expended.
border control system modernization
For the development, testing, evaluation and procurement of
new automation and communications systems and other new
technologies necessary for the administration and enforcement
of the laws relating to immigration, naturalization and alien
registration, not otherwise provided for, $154,600,000, to
remain available until expended.
General Provision
Upon enactment of a bill establishing the Violent Crime
Reduction Trust Fund and reducing discretionary spending
limits, amounts made available under each heading under this
title shall be rescinded, and an amount equal to the amount
under each such heading shall be made available from such
Trust Fund under the same terms and conditions contained in
this title. Obligations and outlays incurred prior to the
establishment of such Trust Fund shall, after enactment, be
recorded against amounts made available from the Trust Fund
under the appropriate heading as if such obligations and
outlays had originally been made from such Trust Fund.
This title may be cited as the ``Violent Crime Control
Appropriations Act, 1995''.
And the Senate agree to the same.
Alan B. Mollohan,
Neal Smith,
Bob Carr,
James P. Moran,
David E. Skaggs,
David E. Price,
David R. Obey,
Harold Rogers,
Jim Kolbe,
Charles H. Taylor,
Joseph M. McDade,
Managers on the Part of the House.
Ernest F. Hollings,
Daniel K. Inouye,
Dale Bumpers,
Frank R. Lautenberg,
Jim Sasser,
Bob Kerrey,
Robert C. Byrd,
Pete V. Domenici,
Ted Stevens,
Mark O. Hatfield,
[[Page 1749]]
Phil Gramm,
Mitch McConnell,
Thad Cochran,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
By unanimous consent, the previous question was ordered on the
conference report to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. CARDIN, announced that the yeas had it.
Mr. WALKER objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
322
When there appeared
<3-line {>
Nays
98
Para. 99.10 [Roll No. 408]
YEAS--322
Abercrombie
Ackerman
Andrews (ME)
Applegate
Bacchus (FL)
Baesler
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Blute
Boehlert
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Buyer
Byrne
Calvert
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clinger
Clyburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Costello
Coyne
Cramer
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Fowler
Frank (MA)
Franks (CT)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Gordon
Grandy
Green
Gunderson
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastert
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoke
Holden
Horn
Houghton
Hoyer
Hughes
Hunter
Hutchinson
Hutto
Inslee
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kingston
Kleczka
Klink
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
LaRocco
Laughlin
Leach
Lehman
Levin
Lewis (CA)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCrery
McCurdy
McDermott
McHale
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Mfume
Mica
Michel
Miller (CA)
Mineta
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Morella
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pickle
Pombo
Pomeroy
Porter
Poshard
Price (NC)
Quillen
Quinn
Rahall
Rangel
Ravenel
Reed
Regula
Richardson
Ridge
Roemer
Rogers
Ros-Lehtinen
Rostenkowski
Roukema
Rowland
Roybal-Allard
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Smith (TX)
Snowe
Spratt
Stark
Stearns
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tanner
Tauzin
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (FL)
NAYS--98
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baker (CA)
Bartlett
Barton
Bliley
Boehner
Bunning
Burton
Callahan
Camp
Coble
Combest
Condit
Cox
Crane
Crapo
DeLay
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Fawell
Fields (TX)
Franks (NJ)
Gekas
Goodlatte
Goodling
Goss
Grams
Greenwood
Hall (TX)
Hancock
Hansen
Hefley
Herger
Hoekstra
Huffington
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson, Sam
Kasich
Kim
King
Klug
Knollenberg
Lazio
Levy
Lewis (FL)
Lewis (KY)
Lucas
McCandless
McCollum
McHugh
Meyers
Miller (FL)
Minge
Moorhead
Murphy
Nussle
Paxon
Penny
Peterson (MN)
Petri
Portman
Pryce (OH)
Ramstad
Roberts
Rohrabacher
Roth
Royce
Santorum
Saxton
Schaefer
Sensenbrenner
Shuster
Smith (MI)
Smith (OR)
Solomon
Spence
Stenholm
Stump
Swett
Talent
Taylor (MS)
Walker
Weldon
Young (AK)
Zeliff
Zimmer
NOT VOTING--14
Andrews (TX)
Clement
Cooper
Ford (TN)
Klein
Lantos
McDade
Owens
Reynolds
Rose
Rush
Slattery
Sundquist
Washington
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 99.11 providing for the consideration of h.r. 3433
Ms. SLAUGHTER, by direction of the Committee on Rules, called up the
following resolution (H. Res. 516):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 3433) to provide for the management of
portions of the Presidio under the jurisdiction of the
Secretary of the Interior. The first reading of the bill
shall be dispensed with. All points of order against
consideration of the bill are waived. General debate shall be
confined to the bill and the amendments made in order by this
resolution and shall not exceed seventy-five minutes, with
forty-five minutes equally divided and controlled by the
chairman and ranking minority member of the Committee on
Natural Resources and thirty minutes equally divided and
controlled by the chairman and ranking minority member of the
Committee on Ways and Means. After general debate the bill
shall be considered for amendment under the five-minute rule
for a period of not to exceed three hours (excluding time
consumed by recorded votes and proceedings incidental
thereto). It shall be in order to consider as an original
bill for the purpose of amendment under the five-minute rule
the amendment in the nature of a substitute recommended by
the Committee on Natural Resources now printed in the bill,
modified by the amendments recommended by the Committee on
Ways and Means now printed in the bill and by the amendments
printed in the report of the Committee on Rules accompanying
this resolution. The committee amendment in the nature of a
substitute, as modified, shall be considered as read. All
points of order against the committee amendment in the nature
of a substitute, as modified, are waived. No amendment
directly or indirectly changing section 3(h)(9), section
3(h)(12), section 3(h)(13), or section 3(j) of the amendment
in the nature of a substitute, as modified, shall be in
order. At the conclusion of consideration of the bill for
amendment the Committee shall rise and report the bill to the
House with such amendments as may have been adopted. Any
Member may demand a separate vote in the House on any
amendment adopted in the Committee of the Whole to the bill
or to the committee amendment in the nature of a substitute,
as modified. The previous question shall be considered as
ordered on the bill and amendments thereto to final passage
without intervening motion except one motion to recommit with
or without instructions.
When said resolution was considered.
After debate,
On motion of Ms. SLAUGHTER, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 99.12 presidio management
The SPEAKER pro tempore, Mr. McNULTY, pursuant to House Resolution 516
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 3433) to provide for the management of portions of the Presidio
under
[[Page 1750]]
the jurisdicion of the Secretary of the Interior.
The SPEAKER pro tempore, Mr. McNULTY, by unanimous consent, designated
Mr. DURBIN as Chairman of the Committee of the Whole; and after some
time spent therein,
Para. 99.13 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. ALLARD:
Page 26, strike line 3 through 14 and insert the following:
``(t) Authorization of Appropriations for Presido.--(1) For
development of the recreation area within the Presidio as is
necessary to meet the essential administrative and resource
protection needs of Golden Gate National Recreation Area,
there is authorized to be appropriated an amount not to
exceed the development ceiling authorized in section 6 of the
Act entitled ``An Act to establish the Golden Gate National
Recreation Area in the State of California, and for other
purposes,'' approved October 27, 1972 (Public Law 92-589; 86
Stat. 1299; 16 U.S.C. 460bb).
``(2) For management of lands and facilities within the
Presidio, there is authorized to be appropriated $25,000,000
for fiscal year 1995. For each fiscal year thereafter, funds
authorized to be appropriated to the Secretary for management
of visitor use programs and development of visitor use
facilities at the Presidio shall be expanded in the ratio of
$1 of Federal funds for each $1 of funds contributed by
State, city, and other non-Federal sources.
``(3) Except as provided in section 3(h)12 of this Act, no
funds may be appropriated for operation or development of
facilities within the Presidio which are not directly related
to the administration of Golden Gate National Recreation Area
or general public use programs.''.
It was decided in the
Yeas
171
<3-line {>
negative
Nays
244
Para. 99.14 [Roll No. 409]
AYES--171
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Bateman
Bentley
Bilirakis
Blute
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Crane
Crapo
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Geren
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kanjorski
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kyl
Lambert
Lazio
Leach
Levy
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Myers
Nussle
Orton
Oxley
Packard
Paxon
Penny
Peterson (MN)
Petri
Pickett
Pombo
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Shuster
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--244
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barlow
Barrett (WI)
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bishop
Boehlert
Borski
Boucher
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Coppersmith
Costello
Cox
Coyne
Cramer
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Frank (MA)
Frost
Furse
Gejdenson
Gibbons
Gilchrest
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Gunderson
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Horn
Hoyer
Huffington
Hughes
Hutto
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klink
Kolbe
Kopetski
Kreidler
LaFalce
Lancaster
LaRocco
Laughlin
Lehman
Levin
Lewis (CA)
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Montgomery
Moorhead
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickle
Pomeroy
Porter
Price (NC)
Rahall
Rangel
Ravenel
Reed
Regula
Richardson
Roemer
Romero-Barcelo (PR)
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schumer
Scott
Serrano
Sharp
Shepherd
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--24
Barton
Blackwell
Bliley
Bonior
Brewster
Clement
Collins (IL)
Cooper
Faleomavaega (AS)
Ford (TN)
Gallo
Gephardt
Houghton
Klein
Lantos
McDade
Moran
Owens
Reynolds
Rose
Sisisky
Slattery
Sundquist
Washington
So the amendment was not agreed to.
After some further time,
Para. 99.15 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. GRAMS:
Page 26, line 12, strike ``year.'' and insert the
following: ``year, which amount may not be adjusted upward
for inflation before the end of fiscal year 2009.''.
Page 26, after line 14, insert the following: Of such
aggregate amount, not more than the following amounts may be
made available for operations for the fiscal year indicated:
(1) $24,100,000 for fiscal year 1996.
(2) $20,400,000 for fiscal year 1997.
(3) $19,100,000 for fiscal year 1998.
(4) $16,500,000 for fiscal year 1999.
(5) $16,100,000 for fiscal year 2000.
(6) $15,900,000 for fiscal year 2001.
(7) $14,300,000 for fiscal year 2002.
(8) $12,600,000 for fiscal year 2003.
(9) $12,400,000 for fiscal year 2004.
(10) $12,600,000 for fiscal year 2005.
(11) $12,700,000 for fiscal year 2006.
(12) $12,600,000 for fiscal year 2007.
(13) $12,500,000 for fiscal year 2008.
(14) $13,000,000 for fiscal year 2009.
It was decided in the
Yeas
190
<3-line {>
negative
Nays
227
Para. 99.16 [Roll No. 410]
AYES--190
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barrett (NE)
Bartlett
Bateman
Bentley
Bereuter
Bilirakis
Blute
Boehlert
Boehner
Bonilla
Brewster
Browder
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chapman
Clinger
Coble
Collins (GA)
Combest
Cox
Cramer
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Holden
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lambert
Lazio
Leach
Levy
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Moorhead
Myers
Nussle
Orton
[[Page 1751]]
Oxley
Packard
Paxon
Payne (VA)
Penny
Petri
Pickett
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Rowland
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Swett
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--227
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Borski
Boucher
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Clay
Clayton
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Coppersmith
Costello
Coyne
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Frank (MA)
Frost
Furse
Gejdenson
Gibbons
Gilman
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Horn
Hoyer
Huffington
Hughes
Hutto
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kennedy
Kennelly
Kildee
Kleczka
Klink
Kopetski
Kreidler
LaFalce
Lancaster
LaRocco
Laughlin
Lehman
Levin
Lewis (CA)
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Montgomery
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Pallone
Parker
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Peterson (MN)
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Ravenel
Reed
Richardson
Roemer
Romero-Barcelo (PR)
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Skaggs
Skelton
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--22
Barton
Bliley
Bonior
Clement
Collins (IL)
Cooper
Faleomavaega (AS)
Ford (TN)
Gallo
Gephardt
Houghton
Klein
Lantos
McDade
Moran
Owens
Reynolds
Rose
Sisisky
Slattery
Sundquist
Washington
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. McNULTY, assumed the Chair.
When Mr. DURBIN, Chairman, pursuant to House Resolution 516, reported
the bill back to the House with an amendment adopted by the Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. FINDINGS.
The Congress finds that--
(1) the Presidio of San Francisco, located amidst the
incomparable scenic splendor of the Golden Gate, is one of
America's great natural and historic sites;
(2) the Presidio is the oldest continually operating
military post in the Nation dating from 1776, and was
designated as a National Historic Landmark in 1962;
(3) preservation of the cultural and historic integrity of
the Presidio for public use would give due recognition to its
significant role in the history of the United States;
(4) the Presidio in its entirety will transfer to the
jurisdiction of the National Park Service on September 30,
1994, in accordance with Public Law 92-589;
(5) as part of the Golden Gate National Recreation Area,
the Presidio's outstanding natural, historic, scenic,
cultural and recreational resources must be managed in a
manner which is consistent with sound principles of land use
planning and management, and which protect the Presidio from
development and uses which would destroy the scenic beauty
and natural character of the area;
(6) activities and management at the Presidio must be
consistent with both the Act establishing the Golden Gate
National Recreation Area (Public Law 92-589) and the General
Management Plan for the Golden Gate National Recreation Area,
as amended;
(7) the Presidio will be a global center dedicated to
addressing the world's most critical environmental, social,
and cultural challenges and a working laboratory at which
models of environmental sustainability shall be developed;
(8) the Presidio, as an urban park, will be managed in a
manner that is responsive to the concerns of the public and
cognizant of its impact on the local community, and as a
public resource, will reflect, in both activities and
management, of the diversity that exists in the surrounding
community; and
(9) the Presidio will be managed in an innovative public/
private partnership that minimizes cost to the United States
Treasury and makes efficient use of private sector resources
that could be utilized in the public interest.
SEC. 2. AMENDMENT OF ACT ESTABLISHING GOLDEN GATE NATIONAL
RECREATION AREA.
(a) Statement of Purposes.--Section 1 of the Act entitled
``An Act to establish the Golden Gate National Recreation
Area in the State of California, and for other purposes'',
approved October 27, 1972 (Public Law 92-589; 86 Stat. 1299;
16 U.S.C. 460bb), is amended by inserting the following after
the second sentence: ``In addition, the Secretary may utilize
the resources of the Presidio of San Francisco to provide for
and support programs and activities that foster research,
education or demonstration projects, and relate to the
environment, energy, transportation, international affairs,
arts and cultural understanding, health and science.''.
(b) Administration.--Section 4 of such Act is amended by
adding the following new subsection at the end thereof:
``(g) Interim Authority.--(1) In addition to other
available authorities, the Secretary may, in his discretion,
negotiate and enter into leases, as appropriate, with any
person, firm, association, organization, corporation or
governmental entity for the use of any property within the
Presidio in accordance with the General Management Plan and
any of the purposes set forth in section 1 of this Act.
``(2) In addition to other available authorities, the
Secretary may, in his discretion, enter into--
``(A) interagency permitting agreements or other
appropriate agreements with the Secretary of Defense and the
Director of the Federal Emergency Management Agency, and
``(B) leases with the American Red Cross, to house their
activities and employees at the Presidio.
``(3) Any leases or other appropriate agreements entered
into under this subsection shall be subject to such
procedures, terms, conditions and restrictions as the
Secretary deems necessary. The Secretary is authorized to
negotiate and enter into leases or other agreements, at fair
market value and without regard to section 321 of chapter 314
of the Act of June 30, 1932 (40 U.S.C. 303b), fair market
value shall take into account the uses permitted by the
General Management Plan and this Act. The preceding sentence
shall not apply to any interagency permitting agreement
entered into between the Secretary and the Secretary of
Defense regarding the housing of activities and employees of
the Sixth United States Army. For purposes of any such lease
or other agreements, the Secretary may adjust the rental by
taking into account any amounts to be expended by the lessee
for preservation, maintenance, restoration, improvement,
repair and related expenses with respect to the leased
properties.
``(4) The proceeds from leases under this subsection, and
from concession and other use authorizations and from other
services that may be provided by the recreation area under
this subsection shall be retained by the Secretary for 5
years after the date of enactment of this paragraph or until
the leased property is transferred to the Presidio Trust and
shall be available without further appropriation and used to
offset the costs of preservation, restoration, maintenance,
improvement, repair and related expenses including
administration of the above, incurred by the Secretary with
respect to Presidio properties, with the balance used to
offset other costs incurred by the Secretary in the
administration of the Presidio.
``(5) Each lessee of a lease entered into under this
subsection shall keep such records as the Secretary may
prescribe to enable the Secretary to determine that all terms
of the lease have been and are being faithfully performed.
The Secretary and the Comptroller General and their duly
authorized representatives shall, for the purpose of audit
and examination, have access to financial records pertinent
to the lease and all the terms and conditions thereof.
``(6) The Secretary shall annually prepare and submit to
Congress a report on property leased under this subsection.
``(7) In addition to other available authorities, the
Secretary may, in his discretion,
[[Page 1752]]
enter into cooperative agreements and permits for any of the
purposes of the recreation area set out in section 1 of this
Act.''.
SEC. 3. THE PRESIDIO TRUST.
(a) Establishment.--There is established within the
Department of the Interior a non-profit public benefit
government corporation to be known as the Presidio Trust
(hereinafter in this Act referred to as the ``Trust''). The
Trust shall manage, in accordance with the purposes set forth
in section 1 of the Act entitled ``An Act to establish the
Golden Gate National Recreation Area in the State of
California, and for other purposes'', approved October 27,
1972 (Public Law 92-589; 86 Stat. 1299; 16 U.S.C. 460bb), and
with this Act, the leasing, maintenance, rehabilitation,
repair and improvement of property within the Presidio which
is transferred to the Trust by the Secretary of the Interior
(hereinafter in this Act referred to as the ``Secretary'').
The Trust may participate in the development of programs and
activities at the properties that have been transferred to
the Trust.
(b) Transfer.--Except as provided in this subsection, the
Secretary shall transfer to the Trust, under such terms and
conditions as the Secretary deems appropriate, a leasehold in
the following properties within the Presidio under the
control of the Secretary: the Letterman-LAIR complex, Fort
Scott, Main Post, Cavalry Stables, Presidio Hill, Wherry
Housing, East Housing, the structures at Crissy Field, and
such other properties, within the Presidio as the Secretary
and the Trust deems appropriate. Any such property shall be
transferred within 60 days after a request is made by the
Trust. The leasehold shall be of sufficient term to enable
the Trust to obtain necessary and beneficial financing
arrangements and to carry out the purposes of this Act. The
Secretary may withhold transfer to the Trust of any buildings
necessary to house or support activities of the National Park
Service. The Secretary may not transfer to the Trust any
property irrevocably permitted to the Department of the Army.
The Secretary shall transfer, with any transferred property,
all leases, concessions, licenses and other agreements
affecting such transferred property. The Secretary may
transfer any properties within the Presidio to the Trust not
requested by the Trust subject to terms and conditions
mutually agreed to by the Secretary and the Trust. All
proceeds received by the Presidio Trust from the leasing of
properties managed by the Trust within the Presidio shall be
retained by the Trust without further appropriation and used
to offset the costs of administration, preservation,
restoration, operation, maintenance, repair, and related
expenses incurred by the Trust with respect to such
properties.
(c) Board of Directors.--(1) The powers and management of
the Trust shall be vested in a Board of Directors consisting
of 13 members, as follows:
(A) The Director of the National Park Service.
(B) Secretary of the Army.
(C) Administrator of the Environmental Protection Agency.
(D) Ten individuals, who are not employees of the Federal
Government, appointed by the Secretary within 6 months after
the date of the enactment of this Act, 6 of whom shall have
knowledge and experience in one or more of the fields of the
environment, energy, transportation, international affairs,
health, science, education, or any other such field related
to the activities at the Presidio; 4 of whom shall have
knowledge and experience in one or more of the fields of city
planning, finance, real estate, labor or historic
preservation. With respect to the 10 individuals, 5 shall
meet the additional requirement of possessing extensive
knowledge of the region in which the Presidio is located.
Each member of the Board of Directors specified in
subparagraphs (A) through (C) paragraph (1) may designate
(through written notice to the Secretary and Chairman of the
Board) an alternative senior official (classified as Senior
Executive Service) of his or her department or agency who may
serve on the Board in his or her stead. The Secretary of the
Army shall serve on the Board until such time as the Sixth
Army Headquarters ceases to maintain a presence at the
Presidio. In such an event, the Secretary of Energy shall
replace the Secretary of the Army on the Board.
(d) Terms of Board Members.--Each member of the Board of
Directors appointed under subparagraph (D) of subsection
(c)(1) shall serve for a term of 5 years from the expiration
of his or her predecessor's term; except that the Secretary,
in making the initial appointments to the Board under
subparagraph (D), shall appoint 3 Directors to a term of 2
years and 3 Directors to a term of 3 years. Any vacancy on
the Board of Directors shall be filled in the same manner in
which the original appointment was made, and any member
appointed to fill a vacancy shall serve for the remainder of
the term for which his or her predecessor was appointed. Each
member shall continue to serve after the expiration of his or
her term until his or her successor is appointed. No
appointed director may serve more than 10 years in
consecutive terms.
(e) Organization and Compensation.--(1) The Board of
Directors shall elect at the initial meeting a Chairman and a
Vice Chairman from among the members of the Board of
Directors. The Director of the National Park Service shall
serve as Chairman until such time as the Board holds such
election.
(2) The Board of Directors may establish an Executive
Committee within the Board and other such committees within
the Board as it deems appropriate, and delegate such powers
to such committees as the Board determines appropriate to
carry out its functions and duties. Any such committees
established by the Board may meet and take action on behalf
of the Board between meetings to the extent the Board
delegates such authority. Delegations to such committees
shall not relieve the Board of full responsibility for the
carrying out of its functions and duties, and shall be
revocable by the Board in its exclusive judgment.
(3) Members of the Board of Directors shall serve without
pay, but may be reimbursed for the actual and necessary
traveling and subsistence expenses incurred by them in the
performance of the duties of the Trust.
(4) The Board of Directors shall meet at the call of the
Chairman, who shall require it to meet not less often than
once every 6 months. A majority of the members of the Board
of Directors (or their designated alternates) shall
constitute a quorum. The Board shall hold at least one public
meeting per year at the Presidio at which time the Board
shall report on its operations, accomplishments and goals for
the upcoming year.
(5) Members of the Board of Directors shall not be
considered Federal employees by virtue of their membership on
the Board, except for purposes of the Federal Tort Claims Act
and other statutes defining legal liability.
(f) Staff.--The Board of Directors shall have the power to
appoint and fix the compensation and duties of an Executive
Director and such other officers and employees of the Trust
as may be necessary for the efficient administration of the
Trust. Officers and employees of the Trust may be appointed
and compensated without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service, and may be paid without regard to the provisions of
chapter 51, and subchapter III of chapter 53, title 5, United
States Code (relating to classification and General Schedule
pay rates), except that no such officer or employee may
receive a salary which exceeds the salary payable to officers
or employees of the United States classified a level IV of
the Executive Schedule.
(g) Experts and Consultants.--The Board of Directors is
authorized to procure the services of experts or consultants,
or organizations, including but not limited to urban
planners, architects, engineers, and appraisers.
(h) Authorities.--In exercising its powers and duties, the
Trust shall act in accordance with both the approved General
Management Plan, as amended (hereinafter in this Act referred
to as the ``Plan'') and the Act entitled ``An Act to
establish the Golden Gate National Recreation Area in the
State of California, and for other purposes'', approved
October 27, 1972 (Public Law 92-589: 86 Stat. 1299; 16 U.S.C.
460bb), and have the following authorities:
(1) The Trust shall manage, maintain, improve and repair
those properties within the Presidio which are transferred to
the Trust by the Secretary.
(2) The Trust shall publish and disseminate information and
make known to potential occupants, by advertisement,
solicitation, or other means, the availability of the
property within the Presidio which the Trust manages.
(3) The Trust may prepare or cause to be prepared plans,
specifications, designs, and estimates of costs for the
rehabilitation, improvement, alteration, or repair of any
property managed by the Trust, and from time to time may
modify such plans, specifications, designs, or estimates.
(4)(A) The Trust may negotiate and enter into agreements,
including contracts, leases, and cooperative agreements, with
any person including any governmental entity) for the
occupancy of any property within the Presidio which the Trust
manages.
(B) Agreements under this paragraph shall be subject to
procedures established by the Secretary under paragraph (5).
(C) Agreements under this paragraph may be entered into
without regard to section 321 of the Act of June 30, 1932 (40
U.S.C. 303b).
(5) The Secretary shall establish procedures for agreements
under paragraph (4), including a requirement that in entering
into such agreements the Trust shall obtain such competition
as is practicable in the circumstances.
(6) The Trust shall establish (through easements,
covenants, regulations, agreements, or otherwise) such
restrictions, standards, and requirements as are necessary to
assure the maintenance, protection, and aesthetic character
of the property managed by the Trust.
(7) The Trust may make commercially reasonable loans to the
occupants of property managed by the Trust for the
preservation, restoration, maintenance, or repair of such
property.
(8) The Trust may provide technical assistance to the
occupants of property managed by the Trust, to assist such
occupants in making repairs or improvements to the property
or applying for loans under paragraph (7) of this section.
(9) The Trust and the Secretary may solicit and the Trust
may accept donations of funds, property, supplies, or
services from individuals, foundations, corporations, and
other private entities, and from public entities, for the
purpose of carrying out its duties.
(10) The Trust may retain any revenues from leases or other
agreements concerning property managed by the Trust,
including preexisting leases or agreements and any donations,
and use the proceeds without further appropriation to offset
any costs for any
[[Page 1753]]
function of the Trust authorized by this Act, except for
those moneys transferred to the Secretary as stipulated in
paragraph (11).
(11) The Secretary and the Trust shall agree on an amount
of revenues received by the Trust to be transferred to the
Secretary, to be applied by the Secretary, without further
appropriation or offset to appropriation, for common
operating and maintenance expenses at the Presidio.
(12)(A) The Trust may not (directly or indirectly) borrow
funds from any source other than the Secretary of the
Treasury as provided in this paragraph.
(B) Except as provided in subparagraph (F), if at any time
the funds available to the Trust are insufficient to enable
the Trust to discharge its responsibilities under this Act,
the Trust may issue obligations to the Secretary of the
Treasury, but only if the Secretary of the Treasury agrees to
purchase such obligations after determining that the projects
to be funded from the proceeds thereof are credit worthy.
(C) The aggregate amount of obligations issued under this
paragraph which are outstanding at any one time may not
exceed $150,000,000.
(D) Obligations issued under this paragraph--
(i) shall be in such forms and denominations, bearing such
maturities, and subject to such terms and conditions, as may
be prescribed by the Secretary of the Treasury, and
(ii) shall bear interest at a rate determined by the
Secretary of the Treasury, taking into consideration current
market yields on outstanding marketable obligations of the
United States of comparable maturities.
(E) No funds appropriated to the Trust may be used for
repayment of principal or interest on, or redemption of,
obligations issued under this paragraph.
(F) The Secretary of the Treasury may purchase obligations
issued under this paragraph only to the extent provided in
advance in appropriation Acts.
(13) Upon the request of the Trust, the Secretary of the
Treasury shall invest excess moneys of the Trust in public
debt securities with maturities suitable to the needs of the
Trust, as determined by the Trust, and bearing interest at
rates determined by the Secretary of the Treasury, taking
into consideration current market yields on outstanding
marketable obligations of the United States of comparable
maturity.
(14) The Trust may enter into and perform such contracts
and other transactions with any person, firm, association,
organization, corporation or governmental entity as may be
necessary or appropriate to the conduct of activities
authorized under this Act.
(15) The Trust may execute all instruments necessary or
appropriate in the exercise of any of its functions under
this Act, and may delegate to the Executive Director such of
its powers and responsibilities as it deems appropriate and
useful for the administration of the Trust.
(16) The Trust may obtain by purchase, rental, donation, or
otherwise, such goods and services as may be needed to carry
out its duties. In the event of the termination of the Trust,
all property and unexpended funds shall be transferred to the
Department of the Interior, except that such funds shall only
be expended for the purposes of this Act.
(17) The Trust shall procure insurance against any loss in
connection with the properties managed by it as is reasonable
and customary; and shall procure such additional insurance
for losses arising out of any of its authorized activities as
is reasonable and customary.
(18) The Trust may sue and be sued in its name. All
litigation arising out of the activities of the Trust shall
be conducted by the Attorney General; the Trust may retain
private attorneys to provide advice and counsel on
transactional issues.
(19) The Trust may adopt, amend, and repeal bylaws, rules,
and regulations governing the manner in which its business
may be conducted and the powers vested in it may be
exercised.
(20) The Trust shall have perpetual succession.
(21) The Trust shall have an official seal selected by the
Board which shall be judicially noticed.
(22) The Trust shall have all necessary and proper powers
for the exercise of the authorities invested in it.
(23) For purposes of complying with section 106 of the
National Historic Preservation Act, the Trust may work
directly with the National Park Service, the State Historic
Preservation Office, and the Advisory Council on Historic
Preservation and enter into programmatic agreements, where
appropriate.
(i) Use of Federal Personnel, Facilities, and Services.--
The Secretary and the heads of other Federal departments and
agencies may provide personnel, facilities, and other
administrative services to the Trust to assist it in carrying
out its duties under this Act. Furthermore, the Secretary and
the heads of other Federal departments and agencies may loan
or transfer to the Trust excess or surplus personal property
deemed necessary for the management of the Presidio.
(j) Taxes.--Since the exercise of the powers granted by
this section will be in all respects for the benefit of the
people, the Trust is hereby declared to be devoted to an
essential public and governmental function and purpose and
shall be exempt from all taxes and special assessments of
every kind of the State of California, and its political
subdivisions, including the City and County of San Francisco.
(k) Volunteers.--The Secretary may accept, without regard
to the Civil Service classification laws, rules, or
regulations, the services of the Trust, the Board, and the
officers, and employees and consultants of the Board, without
compensation from the Department of the Interior, as
volunteers in the performance of the functions authorized
herein, in the manner provided for under the Volunteers in
the Parks Act of 1969 (16 U.S.C. 18g et seq.).
(l) Savings Clause.--Nothing in this section shall preclude
the Secretary from exercising any of his or her lawful powers
within the Presidio.
(m) Affirmative Action.--The Trust shall ensure that
affirmative steps are taken, consistent with other Federal
law, to afford equal access and equal opportunities for
leases, concessions, contracts, subcontracts, and other
contracting and employment opportunities to minorities,
women, and other socially and economically disadvantaged
individuals, commensurate with local availability.
(n) Financial Records.--The financial records of the Trust
shall be available for inspection by the Secretary, the
Inspector General of the Department of the Interior, and the
Comptroller General at any time and shall be audited by a
reputable firm of certified public accountants not less
frequently than once each year. Such audit shall be made
available to the Secretary and the Congress. The Trust shall
be subject to the provisions of the Government Corporation
Control Act (31 U.S.C. 9109 et seq.), including the budget
and credit provisions, except that the Trust shall submit its
budget through and in consultation with the Secretary.
(o) Leasing.--In managing and leasing the properties
transferred to it, the Trust should consider the extent to
which prospective tenants maximize the contribution to the
implementation of the General Management Plan and to the
generation of revenues to offset costs of the Presidio. If
the Trust has difficulty securing a tenant for a property
under its control, it may enter into negotiation with a
prospective tenant whose proposed use may be inconsistent
with the approved General Management Plan. The Trust may not
enter into a lease which is inconsistent with the approved
General Management Plan unless the Secretary makes a finding
that the proposed lease will not have a detrimental effect on
the natural, historical, scenic and recreational values for
which the Golden Gate National Recreation Area was
established. For major leasing actions, the Trust shall
submit the proposed lease to the Secretary of the Interior or
his designee for a period of 10 working days for his review
of the lease for consistency with the General Management
Plan. Before executing the lease, the Trust shall consider
issues of consistency raised by the Secretary or his
designee.
(p) Application of Other Laws.--(1) All general penal
statutes relating to the larceny, embezzlement, or conversion
of public moneys or property of the United States shall apply
to the moneys and property of the Trust.
(2)(A) Except as provided in subparagraphs (B) and (C),
Federal laws and regulations governing procurement by Federal
agencies shall apply to the Trust.
(B) The Secretary may authorize the Trust, in exercising
authority under section 303(g) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 253(g))
relating to simplified purchase procedures, to use as the
dollar limit of each purchase or contract under that
subsection an amount which does not exceed $500,000.
(C) The Secretary may authorize the Trust, in carrying out
the requirement of section 18 of the Office of Federal
Procurement Policy Act (41 U.S.C. 416) to furnish to the
Secretary of Commerce for publication notices of proposed
procurement actions, to use as the applicable dollar
threshold for each expected procurement an amount which does
not exceed $1,000,000.
(q) Golden Gate National Recreation Area Advisory
Commission.--The Trust shall maintain liaison with the Golden
Gate National Recreation Area Advisory Commission in matters
relating to the General Management Plan, and shall meet with
the Commission at least annually.
(r) Reversion.--In the event of failure or default, all
interests and assets of the Trust shall revert to the United
States to be administered by the Secretary.
(s) Report.--The Trust shall transmit to the Secretary and
the Congress, annually each January, a comprehensive and
detailed report of its operations, activities, and
accomplishments for the prior fiscal year. The report also
shall include a section that describes, in general terms, the
Trust's goals for the current fiscal year. The portion of the
report containing the audited financial statement may be
submitted at a later date, but no later than the first day of
March of such year.
(t) Authorization of Appropriations for Presidio.--For
purposes of the Presidio, including the Presidio Trust, there
is authorized to be appropriated to the Secretary such sums
as may be necessary, but the aggregate of funds appropriated
for purposes of the Presidio (excluding the Presidio Trust)
under this subsection and under the Act entitled ``An Act to
establish the Golden Gate National Recreation Area in the
State of California, and for other purposes'', approved
October 27, 1972 (Public Law 92-589; 86 Stat. 1299; 16 U.S.C.
460bb) may not exceed $25,000,000 in any one fiscal year.
Funds appropriated under this Act (other than funds
[[Page 1754]]
appropriated for operations) remain available until expended.
(u) Separability of Provisions.--If any provisions of this
Act or the application thereof to any body, agency,
situation, or circumstance is held invalid, the remainder of
the Act and the application of such provision to other
bodies, agencies, situations, or circumstances shall not be
affected thereby.
(v) The provisions of the Act of March 3, 1931 (40 U.S.C.
276a et seq.; commonly known as the Davis-Bacon Act), and the
provisions of the Service Contract Act of 1965 (41 U.S.C. 351
et seq.), shall apply to the Trust. All laborers and
mechanics employed on the construction, rehabilitation,
reconstruction, alteration, or repair of projects funded in
whole or in part by the Trust and projects financed in whole
or in part by loans, grants, loan guarantees, or any other
assistance by the Trust shall be paid wages at rates not less
than those prevailing on projects of a similar character in
the locality as determined by the Secretary of Labor in
accordance with the Act of March 3, 1931 (40 U.S.C. 276a et
seq.; commonly known as the Davis-Bacon Act). The Secretary
of Labor shall have, with respect to the labor standards
specified in this section, the authority and functions set
forth in Reorganization Plan Numbered 14 of 1950 (15 F.R.
3176; 64 Stat. 1267) and section 2 of the Act of June 13,
1934 (40 U.S.C. 276c).
SEC. 4. COMPLIANCE WITH BUY AMERICAN ACT.
No funds appropriated pursuant to this Act may be expended
by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through 4
of the Act of March 3, 1993 (41 U.S.C. 10a-10c, popularly
known as the ``Buy American Act'').
SEC. 5. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.
(a) Purchase of American-Made Equipment and Products.--In
the case of any equipment or products that may be authorized
to be purchased with financial assistance provided under this
Act, it is the sense of the Congress that entities receiving
such assistance should, in expending the assistance, purchase
only American-made equipment and products.
(b) Notice to Recipients of Assistance.--In providing
financial assistance under this Act, the head of each Federal
agency shall provide to each recipient of the assistance a
notice describing the statement made in subsection (a) by the
Congress.
SEC. 6. PROHIBITION OF CONTRACTS.
It has been finally determined by a court or Federal agency
that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the
same meaning, to any product sold in or shipped to the United
States that is not made in the United States, such person
shall be ineligible to receive any contract or subcontract
made with funds provided pursuant to this Act, pursuant to
the debarment, suspension, and ineligibility procedures
described in section 9.400 through 9.409 of title 48, Code of
Federal Regulations.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. McNULTY, announced that the yeas had it.
The question being put, viva voce,
Will the House pass said bill?
Mr. HANSEN demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
245
<3-line {>
affirmative
Nays
168
Para. 99.17 [Roll No. 411]
AYES--245
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Baker (CA)
Barlow
Barrett (WI)
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Boehlert
Bonior
Borski
Boucher
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Clay
Clayton
Clinger
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Coppersmith
Costello
Cox
Coyne
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Ehlers
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Holden
Horn
Hoyer
Huffington
Hughes
Hutto
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kennedy
Kennelly
Kildee
Kim
Kleczka
Klink
Kolbe
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Montgomery
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickle
Pomeroy
Porter
Poshard
Price (NC)
Rahall
Rangel
Ravenel
Reed
Regula
Richardson
Roemer
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schumer
Scott
Serrano
Sharp
Shaw
Shepherd
Skaggs
Skelton
Slaughter
Smith (IA)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
NOES--168
Allard
Archer
Armey
Bachus (AL)
Baker (LA)
Ballenger
Barca
Barcia
Barrett (NE)
Bartlett
Bateman
Bentley
Bilirakis
Blute
Boehner
Bonilla
Brewster
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chapman
Coble
Collins (GA)
Combest
Cramer
Crane
Crapo
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Geren
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hoekstra
Hoke
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kanjorski
Kaptur
Kasich
King
Kingston
Klug
Knollenberg
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Long
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McHugh
McInnis
McKeon
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Moorhead
Myers
Nussle
Orton
Oxley
Packard
Parker
Paxon
Penny
Peterson (MN)
Petri
Pickett
Pombo
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Schroeder
Sensenbrenner
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Swett
Talent
Tanner
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Upton
Vucanovich
Walker
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--21
Barton
Bliley
Clement
Collins (IL)
Cooper
Ford (TN)
Gallo
Hall (OH)
Houghton
Klein
Lantos
Livingston
McDade
Moran
Owens
Reynolds
Rose
Sisisky
Slattery
Sundquist
Washington
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 99.18 senate bill referred
A bill of the Senate of the following title was taken from the
Speaker's table and, under the rule, referred as follows:
S. 2073. An Act to designate the United States courthouse
that is scheduled to be constructed in Concord, New
Hampshire, as the ``Warren B. Rudman United States
Courthouse'', and for other purposes; to the Committee on
Public Work and Transportation.
Para. 99.19 enrolled bills signed
Mr. ROSE, from the Committee on House Administration, reported that
that committee had examined and found truly enrolled bills of the House
of the following titles, which were thereupon signed by the Speaker:
H.R. 2947. An Act to amend the Commemorative Works Act, and
for other purposes; and
H.R. 4790. An Act to designate the United States courthouse
under construction in St. Louis, Missouri, as the ``Thomas F.
Eagleton United States Courthouse.''
[[Page 1755]]
Para. 99.20 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. FALEOMAVAEGA, for today through August 26;
To Mr. CLEMENT, for today; and
To Mr. McDADE, for today.
And then,
Para. 99.21 adjournment
On motion of Mr. MANZULLO, at 10 o'clock and 8 minutes p.m., the House
adjourned.
Para. 99.22 subsequent action on a reported bill sequentially referred
Under clause 5 of rule X the following action was taken by the
Speaker:
Referral of H.R. 2680 to the Committee on Government
Operations extended for a period ending not later than
September 23, 1994.
Para. 99.23 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Ms. MARGOLIES-MEZVINSKY:
H.R. 4984. A bill to amend the Solid Waste Disposal Act to
regulate the use of hazardous waste as fuel for energy
recovery, the operation of cement kilns that burn hazardous
waste as fuel, the disposal of cement kiln dust waste, and
related activities; to the Committee on Energy and Commerce.
By Mr. BARTON of Texas:
H.R. 4985. A bill to prohibit aircraft from flying over The
Ballpark in Arlington, in Arlington, TX, and for other
purposes; to the Committee on Public Works and
Transportation.
By Mr. JEFFERSON:
H.R. 4986. A bill to amend the Internal Revenue Code of
1986 to increase the deductibility of business meal expenses
for individuals who are subject to Federal hours of
limitation; to the Committee on Ways and Means.
By Mr. KIM (for himself, Mr. Cox, Mr. Dornan, Mr.
Packard, and Mr. Royce):
H.R. 4987. A bill to authorize the Secretary of the
Interior to participate in the construction of the Orange
County Regional Water Reclamation Project; to the Committee
on Natural Resources.
By Mr. REGULA (for himself and Mr. Hughes):
H.R. 4988. A bill to provide for a 4-year demonstration
project under Medicare which shall establish a preventive
health care screening examination program; jointly, to the
Committees on Ways and Means and Energy and Commerce.
By Mr. TRAFICANT (for himself, Mr. Mineta, Mr. Shuster,
Mr. Duncan, Mr. Hyde, Mr. Hastert, and Mr. Gingrich):
H.R. 4989. A bill to designate the Federal building and
United States courthouse located at 100 Northeast Monroe
Street in Peoria, IL, as the ``Robert H. Michel Federal
Building and United States Courthouse''; to the Committee on
Public Works and Transportation.
By Mr. CAMP:
H.R. 4990. A bill to amend title 10, United States Code, to
require the Secretary of Defense to establish a commission to
collect and investigate reports by members of the Armed
Forces of illnesses incurred during or shortly following
their service in combat zones during a war on contingency
operation; to the Committee on Armed Services.
By Mr. INSLEE:
H.R. 4991. A bill to provide that Oregon may not tax
compensation paid to a resident of Washington for services as
a Federal employee at a Federal hydroelectric facility
located on the Columbia River; to the Committee on the
Judiciary.
H.R. 4992. A bill to accept redesignation by the Yakama
Tribal Council of the name Confederated Tribes and Bands of
the Yakima Indian Nation to the ``Confederated Tribes and
Bands of Yakama Indian Nation'' to conform to wording of the
Treaty with the Yakamas; to the Committee on Natural
Resources.
H.R. 4993. A bill to authorize the Secretary of Agriculture
to exchange certain lands in the Wenatachee National Forest,
Washington, for certain lands owned by Public Utility
District No. 1 of Chelan County, WA, and for other purposes;
to the Committee on Natural Resources.
By Mr. SYNAR (for himself, Mr. Bunning, Mr. Owens, and
Mr. Bilirakis):
H.R. 4994. A bill to apply the antitrust laws of the United
States to major league baseball; to the Committee on the
Judiciary.
By Ms. MOLINARI (for herself, Mr. Baker of California,
Mr. Camp, Mr. Hoekstra, Mr. King, Mr. Levy, Mrs.
Maloney, Mr. McCrery, Mrs. Morella, Mr. Quinn, Mrs.
Roukema, Mr. Sandquist, Mr. Torricelli, Mr.
Traficant, and Ms. Velazquez):
H.J. Res. 403. Joint resolution to designate October 1,
1994, as ``National Incest and Sexual Abuse Healing Day''; to
the Committee on Post Office and Civil Service.
By Mr. STUPAK:
H.J. Res. 404. Joint resolution designating March 26, 1995,
as ``Native American Heritage Day''; to the Committee on Post
Office and Civil Service.
By Mr. KNOLLENBERG (for himself, Mr. Solomon, Mr.
McCollum, Mr. Kim, Mr. Hoekstra, Mr. Bartlett of
Maryland, Ms. Molinari, Mr. Walker, Mrs. Meyers of
Kansas, Mr. Crapo, Mr. Sam Johnson of Texas, Mr.
Upton, Mr. Ballenger, Mr. Torkildsen, Mr. Everett,
Mr. Stump, Mr. Klug, Mr. Hobson, Mr. Fields of Texas,
Mr. Dornan, Mr. Ewing, Mr. Canady, Mr. Kingston, Mr.
McKeon, Mr. Lewis of Kentucky, Mr. Horn, Mr. Wolf,
Mr. Royce, Mr. Smith of Texas, and Mr. Inglis of
South Carolina):
H. Res. 525. Resolution expressing the sense of the House
of Representatives with respect to welfare reform
legislation; to the Committee on Ways and Means.
Para. 99.24 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 65: Mr. Hoagland.
H.R. 291: Mr. Santorum.
H.R. 799: Mr. Pomeroy.
H.R. 966: Mr. Nadler.
H.R. 1500: Mr. Klein, Ms. Furse, Mr. Pallone, Mr. Ackerman,
and Mr. Gordon.
H.R. 1509: Mr. Manton.
H.R. 1600: Mr. Saxton.
H.R. 1671: Mrs. Maloney.
H.R. 1840: Mr. Miller of Florida.
H.R. 1897: Mr. Hall of Ohio and Mr. Gejdenson.
H.R. 1928: Mr. McCollum.
H.R. 2113: Mr. Calvert.
H.R. 2229: Mr. Mineta and Mr. Vento.
H.R. 2663: Mr. Miller of California.
H.R. 2717: Mr. Manzullo.
H.R. 2898: Mr. Vento.
H.R. 3005: Ms. Molinari.
H.R. 3250: Mr. Canady.
H.R. 3261: Ms. Eddie Bernice Johnson of Texas, Mr. Torres,
Mr. Bryant, Mrs. Fowler, and Mrs. Bentley.
H.R. 3293: Mr. Thomas of Wyoming.
H.R. 3348: Mr. Underwood.
H.R. 3363: Mr. Ackerman.
H.R. 3421: Ms. Molinari.
H.R. 349: Mr. Zeliff.
H.R. 3538: Mr. Pastor, Mr. Porter, and Mr. Rush.
H.R. 3646: Mr. Hilliard, Mr. Barrett of Nebraska, Mr. Diaz-
Balart, Mr. Cramer, Mr. Stearns, Mr. Gillmor, Mr. Bachus of
Alabama, and Mr. Sensenbrenner.
H.R. 3695: Mr. Royce.
H.R. 3762: Mr. Kim and Mr. Underwood.
H.R. 3812: Mr. Bachus of Alabama.
H.R. 3854: Mr. Kanjorski.
H.R. 3951: Mr. Pastor.
H.R. 4000: Mr. Goodlatte and Ms. English of Arizona.
H.R. 4069: Mr. Inglis of South Carolina and Mr. Foglietta.
H.R. 4070: Mr. Inglis of South Carolina and Mr. Foglietta.
H.R. 4071: Mr. Inglis of South Carolina and Mr. Foglietta.
H.R. 4095: Mr. Roberts.
H.R. 4142: Ms. Velazquez, Mr. Vento, Mr. Thomas of
California, Mr. McNulty, Mr. Markey, Mr. Watt, Ms. Furse, Mr.
Huffington, and Ms. Roybal-Allard.
H.R. 4178: Mr. Doolittle.
H.R. 4179: Ms. Cantwell.
H.R. 4251: Mr. Hastert.
H.R. 4343: Mr. Wolf.
H.R. 4412: Mr. Barlow and Mr. Chapman.
H.R. 4491: Mr. Calvert and Mr. Bachus of Alabama.
H.R. 4514: Mr. Calvert and Mr. Pombo.
H.R. 4546: Mr. Rangel.
H.R. 4566: Mr. Sensenbrenner and Mr. Zimmer.
H.R. 4592: Mr. Pombo.
H.R. 4654: Mr. Hastings.
H.R. 4698: Mr. Vento.
H.R. 4708: Ms. Roybal-Allard.
H.R. 4765: Mr. Shays.
H.R. 4831: Mr. Wilson and Ms. Molinari.
H.R. 4846: Mr. Valentine.
H.R. 4919: Mr. Zimmer, Mr. Visclosky, and Mr. Roemer.
H.R. 4940: Mr. Reed.
H.R. 4951: Mr. Dornan.
H.R. 4952: Mr. Dornan.
H.R. 4953: Mr. Dornan.
H.R. 4957: Ms. Danner.
H.J. Res. 355: Mr. Hayes, Mr. Dickey, Mr. Stokes, Mrs.
Unsoeld, Mr. Lazio, Mr. Conyers, Mr. Sharp, Mr. Baker of
California, Mr. Hamilton, Mr. Frank of Massachusetts, Mr.
Owens, Mr. Moorhead, Mr. Grams, Mr. Andrews of New Jersey,
Mr. Bateman, Ms. Dunn, Mr. Levy, Mr. Pastor, Mr. Filner, Mr.
Markey, Mr. Johnson of Georgia, Mr. Myers of Indiana, Mr.
Crane, Mr. Abercrombie, Mr. Bilbray, Mr. Saxton, Mr. Wyden,
Mr. Nadler, Mr. Franks of New Jersey, Mr. Engel, Mr. Coyne,
and Mr. Blackwell.
H.J. Res. 381: Mr. Owens, Ms. DeLauro, and Mr. Engel.
H.J. Res. 385: Mr. Serrano.
H.J. Res. 399: Mrs. Mink of Hawaii, Mr. Owens, Mr. Johnson
of South Dakota, Mr. Wynn, Mr. Bevill, Mr. Horn, Mr.
Martinez, Mr. Bilbray, Mr. Wolf, Ms. Eddie Bernice Johnson of
Texas, and Mr. Hastings.
H. Con. Res. 173: Mr. Leach, Mr. Doolittle, Ms. Margolies-
Mezvinsky, Mr. Hancock, and Mr. Kim.
H. Con. Res. 264: Mr. Gingrich and Mr. Goodling.
H. Res. 432: Ms. Norton, Mrs. Unsoeld, and Mr. Klein.
Para. 99.25 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
[[Page 1756]]
H.R. 3222: Mr. Gordon.
.
FRIDAY, AUGUST 19, 1994 (100)
The House was called to order by the SPEAKER.
Para. 100.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Thursday, August 18, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 100.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3723. A letter from the Auditor, District of Columbia,
transmitting a copy of a report entitled, ``Review of the
Office of People's Counsel Agency Fund Deposits and
Expenditures for Fiscal Year 1992 and 1993'', pursuant to
D.C. Code, section 47-117(d); to the Committee on the
District of Columbia.
3724. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a copy of the
Secretary's determination and justification to exercise the
authority granted him under section 451 of the Foreign
Assistance Act of 1961, as amended, authorizing funds for
assistance to support third-country participation in the
multinational observer group [MOG] to assist Dominican
Republic authorities in enforcing a comprehensive trade
embargo against Haiti, pursuant to U.N. Security Council
Resolution 917, pursuant to 22 U.S.C. 2261(a)(2); to the
Committee on Foreign Affairs.
3725. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a memorandum of
Justification for Presidential Determination (94-41)
regarding the drawdown of defense articles and services from
the stocks of DOD for emergency military assistance to
Jamaica, pursuant to Public Law 101-513, section 547(a), (104
Stat. 2019); to the Committee on Foreign Affairs.
3726. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting Memorandum of
Justification for Presidential Determination regarding the
drawdown of defense articles and services for international
disaster assistance in Rwanda and neighboring countries,
pursuant to Public Law 103-87, section 515 (107 Stat. 949);
jointly, to the Committees on Foreign Affairs and
Appropriations.
Para. 100.3 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
Para. 100.4 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed bills of the following titles, in which the
concurrence of the House is requested:
S. 2406. An Act to amend title 17, United States Code,
relating to the definition of a local service area of a
primary transmitter, and for other purposes;
S. 2407. An Act to make improvements in the operation and
administration of the Federal courts, and for other purposes;
and
S. 2060. An Act to amend the Small Business Act and the
Small Business Investment Act of 1958, and for other
purposes.
Para. 100.5 providing for the consideration of h.r. 4908
Mr. GORDON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 515):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 4908) to authorize the hydrogen and fusion,
research, development, and demonstration programs, and the
high energy physics and nuclear physics programs of the
Department of Energy, and for other purposes. The first
reading of the bill shall be dispensed with. General debate
shall be confined to the bill and shall not exceed one hour
equally divided and controlled by the chairman and ranking
minority member of the Committee on Science, Space, and
Technology. After general debate the bill shall be considered
for amendment under the five-minute rule. The bill shall be
considered by title rather than by section. Each title shall
be considered as read. At the conclusion of consideration of
the bill for amendment the Committee shall rise and report
the bill to the House with such amendments as may have been
adopted. The previous question shall be considered as ordered
on the bill and amendments thereto to final passage without
intervening motion except one motion to recommit.
When said resolution was considered.
After debate,
On motion of Mr. GORDON, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 100.6 message from the president--departments of labor and hhs
The SPEAKER pro tempore, Mr. MONTGOMERY, laid before the House a
message from the President, which was read as follows:
To the Congress of the United States:
In accordance with section 26 of the Occupational Safety and Health
Act of 1970 (Public Law 91-596; 29 U.S.C. 675), I transmit herewith the
1991 annual reports on activities of the Department of Labor and the
Department of Health and Human Services. These reports were prepared by,
and cover activities occurring exclusively during the previous
Administration.
William J. Clinton.
The White House, August 19, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Education and Labor.
Para. 100.7 hydrogen and fusion research
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to House Resolution
515 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the consideration of the
bill (H.R. 4908) to authorize the hydrogen and fusion research,
development, and demonstration programs, and the high energy physics and
nuclear physics programs of the Department of Energy, and for other
purposes.
The SPEAKER pro tempore, Mr. MONTGOMERY, by unanimous consent,
designated Mr. OLVER as Chairman of the Committee of the Whole; and
after some time spent therein,
Para. 100.8 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. WALKER:
Page 36, after line 7, insert the following new section:
SEC. 403. PROHIBITION OF LOBBYING ACTIVITIES.
None of the funds authorized by this Act shall be available
for any activity, or the publication or distribution of
literature, that in any way tends to promote public support
for or opposition to any legislative proposal on which
congressional action is not complete. If any funds are used
for purposes prohibited by this section, the organization to
whom such funds were provided shall not be eligible to
receive any further funding pursuant to this Act.
It was decided in the
Yeas
187
<3-line {>
negative
Nays
239
Para. 100.9 [Roll No. 412]
AYES--187
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Carr
Castle
Clinger
Coble
Collins (GA)
Combest
Condit
Cox
Crane
Crapo
Cunningham
Danner
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gallo
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson (SD)
Johnson, Sam
Kasich
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manzullo
Margolies-Mezvinsky
McCandless
McCollum
McCrery
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Orton
Oxley
Packard
Paxon
Penny
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shepherd
Shuster
Skeen
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Swett
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
[[Page 1757]]
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--239
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Barton
Bateman
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Collins (IL)
Collins (MI)
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Kopetski
LaFalce
Lambert
Lancaster
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Murphy
Murtha
Nadler
Neal (MA)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Romero-Barcelo (PR)
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--13
Coleman
Engel
Faleomavaega (AS)
Houghton
Lantos
McDade
Moran
Neal (NC)
Slattery
Sundquist
Swift
Washington
Whitten
So the amendment was not agreed to.
After some further time,
The SPEAKER resumed the Chair.
When Mr. OLVER, Chairman, pursuant to House Resolution 515, reported
the bill back to the House with sundry amendments adopted by the
Committee.
The previous question having been ordered by said resolution.
The following amendments, reported from the Committee of the Whole
House on the state of the Union, were agreed to:
Page 21, strike lines 12 through 21 and insert in lieu
thereof the following:
(c) Tokamak Physics Experiment.--(1) Except as provided in
paragraph (2), there are authorized to be appropriated to the
Secretary for the period encompassing fiscal years 1992
through 2000 not to exceed $700,000,000 from within the
Fusion Energy Research Program, to complete the design,
development, and construction of the Tokamak Physics
Experiment.
(2) None of the funds described in paragraph (1) are
authorized to be appropriated for any fiscal year unless,
within 60 days after the submission of the President's budget
request for that fiscal year, the Secretary--
Page 22, line 23, insert ``This limitation shall not apply
to the design or engineering of fusion materials irradiation
test facilities. Upon completion of the concept design for a
fusion materials irradiation test facility, the Secretary
shall transmit to the Congress a report which includes the
estimated cost for design, engineering, and construction of
the facility, the expected participation of international
partners, and the planned dates for starting and completing
construction.'' after ``Physics Experiment.''.
Page 36, after line 7, insert the following new section:
SEC. 403. FOREIGN PARTICIPATION REPORT.
Within 1 year after the date of enactment of this Act, and
annually thereafter, the Secretary shall report to the
Congress on the status of foreign participation in and
contributions to projects for which funding is authorized
under this Act.
Page 36, after line, 7, insert the following new section:
SEC. 403. MERIT REVIEW REQUIREMENT FOR AWARDS OF FINANCIAL
ASSISTANCE.
(a) Merit Review Requirement.--Except as provided in
sections 204 and 205, the Secretary may not award financial
assistance to any person under this Act for research,
development, or precommercial demonstration activities,
including related facility construction, unless an objective
merit review process is used to award the financial
assistance.
(b) Requirement of Specific Modification of Merit Review
Provision.--
(1) In general.--A provision of law may not be construed as
modifying or superseding subsection (a), or as requiring that
financial assistance be awarded by the Secretary in a manner
inconsistent with subsection (a), unless such provision of
law--
(A) specifically refers to this section:
(B) specifically states that such provision of law modifies
or supersedes subsection (a): and
(C) specifically identifies the person to be awarded the
financial assistance and states that the financial assistance
to be awarded pursuant to such provision of law is being
awarded in a manner inconsistent with subsection (a).
(2) Notice and wait requirement.--No financial assistance
may be awarded pursuant to a provision of law that requires
or authorizes the award of the financial assistance in a
manner inconsistent with subsection (a) until--
(A) the Secretary submits to the Congress a written notice
of the Secretary's intent to award the financial assistance;
and
(B) 180 days has elapsed after the date on which the notice
is received by the Congress.
(c) Definitions.--For purposes of this section:
(1) The term ``objective merit review process'' means a
thorough, consistent, and independent examination of requests
for financial assistance based on pre-established criteria
and scientific a technical merit by persons knowledgeable in
the field for which the financial assistance is requested.
(2) The term ``financial assistance'' means the transfer of
funds or property to a recipient or subrecipient to
accomplish a public purpose of support or stimulation
authorized by Federal law. Such term includes grants,
cooperative agreements, and subawards but does not include
cooperative research and development agreements as defined in
subsection 12(d)(1) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a(d)(1)).
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER announced that the yeas had it.
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 100.10 recommitted to conference--h.r. 3355
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That, the conference report to accompany (H.R. 3355) to amend
the Omnibus Crime Control and Safe Streets Act of 1968 to allow grants
to increase police presence, to expand and improve cooperative efforts
between law enforcement agencies and members of the community to address
crime and disorder problems, and otherwise to enhance public safety, be
considered as recommitted to conference.
Para. 100.11 order of business--consideration of the conference report
on h.r. 3355
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That the requirement of clause 4(b) of rule XI for a two-
thirds vote to consider a report from the Committee on Rules on the same
day it is presented to the House be waived on the legislative day of
Saturday, August 20, 1994, with respect to any resolution providing for
consideration of disposition of a conference report to accompany the
bill (H.R. 3355) to amend the Omnibus Crime Control and Safe Streets Act
of 1968 to allow grants to increase police presence, to expand and
improve cooperative efforts between law enforcement agencies and members
of the community to address crime and disorder problems, and otherwise
to enhance public safety.
Para. 100.12 hour of meeting
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 12
[[Page 1758]]
o'clock noon on Saturday, August 20, 1994.
Para. 100.13 appointment of additional conferees--h.r. 3355
The SPEAKER, pursuant to clause 6(f) of rule X, announced the
appointment of the following Members as additional conferees on the part
of the House to the conference with the Senate on the disagreeing votes
of the two Houses on the amendments of the House to the amendments of
the Senate to the bill (H.R 3355) to amend the Omnibus Crime Control and
Safe Streets Act of 1968 to allow grants to increase police presence, to
expand and improve cooperative efforts between law enforcement agencies
and members of the community to address crime and disorder problems, and
otherwise to enhance public safety: Ms. Schroeder, Mr. Frank, and Mr.
Castle.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 100.14 permission to file conference report
On motion of Mr. ABERCROMBIE, by unanimous consent, the managers on
the part of the House were granted permission until midnight tonight to
file a conference report on the bill (H.R. 3355) to amend the Omnibus
Crime Control and Safe Streets Act of 1968 to allow grants to increase
police presence, to expand and improve cooperative efforts between law
enforcement agencies and members of the community to address crime and
disorder problems, and otherwise to enhance public safety; together with
a statement thereon, for printing in the Record under the rule.
Para. 100.15 further message from the senate
A further message from the Senate by Mr. Hallen, one of its clerks,
announced that the Senate agreed to the report of the committee of
conference on the disagreeing votes of the two Houses on the amendments
of the Senate to the bill (H.R. 4603) ``An Act making appropriations for
the Departments of Commerce, Justice, and State, the Judiciary, and
related agencies programs for the fiscal year ending September 30, 1995,
and making supplemental appropriations for these departments and
agencies for the fiscal year ending September 30, 1994, and for other
purposes.''
Para. 100.16 messages from the president
Sunday messages in writing from the President of the United States
were communicated to the House by Mr. Edwin Thomas, one of his
secretaries.
Para. 100.17 message from the president--u.s.-united nations activities
The SPEAKER pro tempore, Mr. ABERCROMBIE, laid before the House a
message from the President, which was read as follows:
To the Congress of the United States:
I am pleased to transmit herewith a report of the activities of the
United States Government in the United Nations and its affiliated
agencies during the calendar year 1993. The report is required by the
United Nations Participation Act (Public Law 264, 79th Congress; 22
U.S.C. 287b).
William J. Clinton.
The White House, August 19, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Foreign Affairs.
Para. 100.18 message from the president--export administration act
extension
The SPEAKER pro tempore, Mr. ABERCROMBIE, laid before the House a
message from the President, which was read as follows:
To The Congress of the United States:
Pursuant to section 204(b) of the International Emergency Economic
Powers Act, 50 U.S.C. 1703(b), I hereby report to the Congress that I
have today exercised the authority granted by this Act to continue in
effect the system of controls contained in 15 C.F.R., Parts 768-799,
including restrictions on participation by U.S. persons in certain
foreign boycott activities, which heretofore have been maintained under
the authority of the Export Administration Act of 1979, as amended, 50
U.S.C. App. 2401 et seq. In addition, I have made provision for the
administration of section 38(e) of the Arms Export Control Act, 22
U.S.C. 2778(e).
The exercise of this authority is necessitated by the expiration of
the Export Administration Act of August 20, 1994, and the lapse that
would result in the system of controls maintained under that Act.
In the absence of controls, foreign parties would have unrestricted
access to U.S. commercial products, technology, technical data, and
assistance, posing an unusual and extraordinary threat to national
security, foreign policy, and economic objectives critical to the United
States. In addition, U.S. persons would not be prohibited from complying
with certain foreign boycott requests. This would seriously harm our
foreign policy interests, particularly in the Middle East.
Controls established in 15 C.F.R. 768-799, and continued by this
action, include the following:
--National security export controls aimed at restricting the export of
goods and technologies, which would make a significant contribution
to the military potential of certain other countries and which would
prove detrimental to the national security of the United States.
--Foreign policy controls that further the foreign policy objectives
of the United States or its declared international obligations in
such widely recognized areas as human rights, antiterrorism, regional
stability, missile technology nonproliferation, and chemical and
biological weapons nonproliferation.
--Nuclear nonproliferation controls that are maintained for both
national security and foreign policy reasons, and which support the
objectives of the Nuclear Nonproliferation Act.
--Short supply controls that protect domestic supplies, and antiboycott
regulations that prohibit compliance with foreign boycotts aimed at
countries friendly to the United States.
Consequently, I have issued an Executive order (a copy of which is
attached) to continue in effect all rules and regulations issued or
continued in effect by the Secretary of Commerce under the authority of
the Export Administration Act of 1979, as amended, and all orders,
regulations, licenses, and other forms of administrative actions under
the Act, except where they are inconsistent with sections 203(b) and
206 of the International Emergency Economic Powers Act (IEEPA). In this
Executive order I have also revoked the previous Executive Order No.
12923 of June 30, 1994, invoking IEEPA authority for the prior lapse of
the Export Administration Act of 1979, as amended, extended on July 5,
1994, by Public Law 103-277.
The Congress and the Executive have not permitted export controls to
lapse since they were enacted under the Export Control Act of 1949. Any
termination of controls could permit transactions to occur that would
be seriously detrimental to the national interests we have heretofore
sought to protect through export controls and restrictions on
compliance by U.S. persons with certain foreign boycotts. I believe
that even a temporary lapse in this system of controls would seriously
damage our national security, foreign policy, and economic interests
and undermine our credibility in meeting our international obligations.
The countries affected by this action vary depending on the
objectives sought to be achieved by the system of controls instituted
under the Export Administration Act. Potential adversaries may seek to
acquire sensitive U.S. goods and technologies. Other countries serve as
conduits for the diversion of such items. Still other countries have
policies that are contrary to U.S. foreign policy or nonproliferation
objectives, or foster boycotts against friendly countries. For some
goods or technologies, controls could apply even to our closest allies
in order to safeguard against diversion to potential adversaries.
William J. Clinton.
The White House, August 19, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Foreign Affairs and ordered to
be printed (H. Doc. 103-295).
Para. 100.19 senate bill referred
A bill of the Senate of the following title was taken from the
Speaker's table and, under the rule, referred as follows:
[[Page 1759]]
S. 2407. An Act to make improvements in the operation and
administration of the Federal courts, and for other purposes;
to the Committee on the Judiciary.
Para. 100.20 bills presented to the president
Mr. ROSE, from the Committee on House Administration, reported that
that committee did on the following date present to the President, for
his approval, bills of the House of the following title:
On August 18, 1994:
H.R. 2815. An Act to designate a portion of the Farmington
River in Connecticut as a component of the National Wild and
Scenic Rivers System; and
H.R. 4812. An Act to direct the Administrator of General
Services to acquire by transfer the Old U.S. Mint in San
Francisco, California, and for other purposes.
Para. 100.21 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. McDADE, for today; and
To Mr. MORAN, for today.
And then,
Para. 100.22 adjournment
On motion of Mr. SERRANO, pursuant to the special order heretofore
agreed to, at 5 o'clock and 52 minutes p.m., the House adjourned until
12 o'clock noon on Saturday, August 20, 1994.
Para. 100.23 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. CLAY: Committee on Post Office and Civil Service. H.R.
2721. A bill to amend title VII of the Civil Rights Act of
1964 and the Age Discrimination in Employment Act of 1967 to
improve the effectiveness of administrative review of
employment discriminations claims made by Federal employees,
and for other purposes; with an amendment (Rept. No. 103-599
Pt. 2). Referred to the Committee of the Whole House on the
State of the Union.
Mr. DINGELL: Committee on Energy and Commerce. H.R. 2305. A
bill to authorize and encourage the President to conclude an
agreement with Mexico to establish a United States-Mexico
Border Health Commission; with an amendment (Rept. No. 103-
710, Pt. 1). Ordered to be printed.
Para. 100.24 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. DINGELL (for himself, Mr. Condit, and Mr.
Swift):
H.R. 4995. A bill to require the disclosure of service and
other charges on tickets, and for other purposes; to the
Committee on Energy and Commerce.
By Mr. BARRETT of Wisconsin (for himself and Mr. Barca
of Wisconsin):
H.R. 4996. A bill to prohibit the use of certain assistance
provided under the Housing and Community Development Act of
1974 and the Housing and Community Development Act of 1992
for employment relocation activities; to the Committee on
Banking, Finance and Urban Affairs.
By Mr. BROWN of California (for himself, Mr. Edwards of
California, Mr. Beilenson, Mr. Wilson, Ms. Eddie
Bernice Johnson of Texas, Mr. Meehan, Ms. Woolsey,
Mr. Torres, Mr. Farr, Mrs. Maloney, Mr. Studds, Mr.
Nadler, Mr. Mann, Mr. Lantos, Mr. Moran, Mr. Swett,
and Ms. Pelosi):
H.R. 4997. A bill to amend title 18, United States Code, to
prohibit interstate-connected conduct relating to exotic
animals; to the Committee on the Judiciary.
By Mr. CRAMER (for himself, Mr. McCloskey, Mr. Roemer,
Mr. Bevill, Mrs. Lloyd, Ms. Long, Mr. Barlow, Ms.
Kaptur, and Mr. Poshard):
H.R. 4998. A bill to provide for an independent review of
the implementation of the national implementation plan for
modernization of the National Weather Service at specific
sites, and for other purposes; to the Committee on Science,
Space, and Technology.
By Mr. EDWARDS of California:
H.R. 4999. A bill to amend the United States Commission on
Civil Rights Act of 1983; to the Committee on the Judiciary.
By Mr. GLICKMAN (for himself, Mr. Roberts, Mr.
Slattery, and Mrs. Meyers of Kansas):
H.R. 5000. A bill to provide for the establishment of the
Tallgrass Prairie National Preserve in Kansas; to the
Committee on Natural Resources.
By Mr. JACOBS:
H.R. 5001. A bill to establish the Federal right of every
unemancipated child to be supported by such child's parent or
parents and, therefore, to confer upon certain local courts
of the District of Columbia and every State and territory of
the United States jurisdiction to enforce such right
regardless of such child's residence; to the Committee on the
Judiciary.
By Mrs. JOHNSON of Connecticut:
H.R. 5002. A bill to amend the Internal Revenue Code of
1986 to provide that disabled individuals shall be eligible
for the one-time exclusion of gain from sale of principal
residence; to the Committee on Ways and Means.
H.R. 5003. A bill to amend the Internal Revenue Code of
1986 to allow certain expenses for overnight camps to qualify
for the credit and exclusion relating to dependent care
expenses; to the Committee on Ways and Means.
H.R. 5004. A bill to amend the Internal Revenue Code of
1986 to provide that a consent to waive a survivor annuity
form of retirement benefit shall also be effective if made
before marriage; jointly, to the Committees on Ways and Means
and Education and Labor.
By Mr. TORRICELLI (for himself, Mr. Romero-Barcelo, Mr.
Gilman, Mr. Wheat, Mr. Gallegly, Mr. Andrews of New
Jersey, Mr. Deutsch, Mr. Diaz-Balart, Mr. Hastings,
and Mrs. Meek of Florida):
H.R. 5005. A bill to require periodic plebiscites in United
States territories and to require congressional notification
of executive branch actions impacting the status of United
States territories, and for other purposes; to the Committee
on Natural Resources.
By Mr. LEVY (for himself, Ms. Molinari, Mr. King, Mr.
Saxton, Mr. Engel, Mr. McCollum, Mr. Zimmer, Ms. Ros-
Lehtinen, Ms. Lowey, Mr. Lazio, Mr. Cooper, Mr.
Dornan, Mr. McNulty, Mr. Andrews of New Jersey, Mr.
Canady, Ms. Schenk, Mr. Schiff, Ms. Margolies-
Mezvinsky, Mr. Hochbrueckner, Mr. Klein, Mrs.
Maloney, Mr. Cunnginham, Mr. Linder, Mr. Manton, Mr.
Pallone, Mr. Owens, Mr. Solomon, Mr. Rohrabacher, Mr.
Cox, and Mr. Royce):
H. Con. Res. 287. Concurrent resolution condemning
inflammatory statements made by Yassir Arafat relating to
certain terrorist activities; to the Committee on Foreign
Affairs.
By Mr. GILMAN (for himself, Mr. Gejdenson, Mr.
Goodling, Mr. Lantos, Mr. Leach, Mr. Ackerman, Mr.
Hyde, Mr. Engel, Mr. Smith of New Jersey, Mr.
Faleomavaega, Mrs. Meyers of Kansas, Mr. Borski, Mr.
Gallegly, Mr. Andrews of New Jersey, Mr. Ballenger,
Mr. Brown of Ohio, Mr. Rohrabacher, Ms. McKinney, Mr.
Levy, Mr. Hastings, Mr. Diaz-Balart, Mr. Fingerhut,
Mr. Royce, Mr. Deutsch, Mr. Wolf, Mr. Wynn, and Mr.
Gutierrez):
H. Con. Res. 288. Concurrent resolution expressing the
sense of the Congress with respect to children infected with
AIDS in Romania; to the Committee on Foreign Affairs.
Para. 100.25 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 65: Mr. McKeon.
H.R. 127: Mr. Hoekstra and Mr. Johnston of Florida.
H.R. 746: Mr. Fields of Texas.
H.R. 1080: Mr. Quinn.
H.R. 1337: Mr. Hastings.
H.R. 1600: Mr. Price of North Carolina.
H.R. 1671: Mr. Lewis of Georgia.
H.R. 1924: Ms. Roybal-Allard.
H.R. 1961: Mr. Price of North Carolina.
H.R. 2004: Mr. Bishop and Mr. Manton.
H.R. 2019: Mr. Clay.
H.R. 2227: Mr. Minge.
H.R. 2292: Ms. Furse.
H.R. 2310: Mr. Faleomavaega.
H.R. 2418: Mr. Bereuter.
H.R. 2541: Mr. Lewis of Kentucky.
H.R. 3261: Mr. Knollenberg and Mr. Shays.
H.R. 3397: Mr. Underwood.
H.R. 3722: Mrs. Unsoeld.
H.R. 3795: Mr. Thomas of Wyoming.
H.R. 3797: Mr. Torricelli.
H.R. 3875: Mr. Manzullo and Mr. Tejeda.
H.R. 3906: Ms. English of Arizona, Mr. Hancock, Mr. Kim,
and Mr. Kildee.
H.R. 3990: Ms. Woolsey.
H.R. 4019: Mr. Shays.
H.R. 4026: Mr. Thompson.
H.R. 4051: Mr. Hastings and Ms. Kaptur.
H.R. 4063: Mr. Kopetski.
H.R. 4138: Mr. McCrery.
H.R. 4161: Mr. Thomas of Wyoming.
H.R. 4291: Mr. Deal, Mr. Spence, Mr. Stupak, and Mr.
Kildee.
H.R. 4314: Mr. Kreidler and Mr. Hinchey.
H.R. 4318: Ms. McKinney and Mr. Ford of Michigan.
H.R. 4711: Ms. Woolsey.
H.R. 4739: Mr. Johnson of Georgia.
H.R. 4758: Mr. Levy.
H.R. 4767: Mr. Hinchey and Mr. Torres.
H.R. 4793: Mr. Hughes.
H.R. 4828: Mr. Rangel and Mr. Serrano.
H.R. 4831: Mr. McHugh.
H.R. 4839: Mr. Lehman, Mr. Lipinski, Mr. Lantos, Mrs.
Schroeder, Mr. DeFazio, and Mr. Miller of California.
H.R. 4887: Mr. Penny and Mr. Ramstad.
H.R. 4912: Mr. Emerson, Mr. Beilenson, Mr. Frost, Mr.
Lipinski, Mr. Cramer, Mr. Valentine, Mr. Traficant, Mr.
Rangel, Mr. Blackwell, Mr. de Lugo, Mr. Towns, Mr. Ewing, and
Mr. Pete Geren of Texas.
H.R. 4938: Mr. Gilman and Mr. Bereuter.
H.R. 4967: Mr. Dingell, Mr. Ford of Michigan, Mr. Conyers,
Mr. Barcia of Michigan, Mr. Ehlers, Mr. Camp, Mr. Upton, Mr.
Smith of Michigan, Mr. Carr, Mr. Kildee, Mr. Knollenberg, Mr.
Stupak, Mr. Hoekstra, and Mr. Bonior.
[[Page 1760]]
H.R. 4971: Mr. Edwards of California.
H.J. Res. 349: Mr. Hastings, Mr. Andrews of New Jersey, Mr.
McDermott, Mr. Meehan, Mr. Thompson, and Mr. Burton of
Indiana.
H.J. Res. 358: Mr. Hutto, Mr. Quillen, and Mrs. Meek of
Florida.
H.J. Res. 383: Mr. DeLay and Mr. Martinez.
H. Con. Res. 17: Mr. Gingrich and Mr. Hall of Texas.
H. Con. Res. 148: Mr. Herger.
H. Con. Res. 166: Ms. Pelosi, Mr. Strickland, Mr. Bonior,
Mrs. Lloyd, Mr. Inhofe, Mr. Hefley, Mr. Borski, Mr. Andrews
of New Jersey, and Mr. Rush.
H. Con. Res. 254: Mr. Manton, Ms. Velazquez, Mr.
Rohrabacher, Mr. Yates, Mr. Wolf, and Mrs. Byrne.
H. Con. Res. 274: Mr. Lewis of Georgia, Mr. McCurdy, Mr.
Gallo, Mr. Rose, Mr. Johnson of South Dakota, Mr. Livingston,
Mr. Frost, Mr. Ackerman, Mr. Manton, Mr. Lancaster, Mr.
Glickman, Mr. Gordon, Mr. Hefley, Mr. Berman, Mr. Fields of
Texas, Mr. Oxley, Mr. Franks of New Jersey, Mr. Andrews of
Texas, Mr. Roemer, Mr. Pomeroy, and Mr. Payne of New Jersey.
H. Con. Res. 286: Mr. Armey, Mr. Baker of California, Mr.
Bilirakis, Mr. Bliley, Mr. Boehner, Mr. Bonilla, Mr. Bunning,
Mr. Cox, Mr. Cunningham, Mr. Coble, Mr. DeLay, Mr. Dreier,
Mr. Gilman, Mr. Goodling, Mr. Goss, Mr. Hastings, Mr. Hayes,
Mr. Herger, Mr. Houghton, Mr. Knollenberg, Mr. Lucas, Mr.
McCollum, Mr. Murtha, Mr. Kyl, Mr. Rahall, Ms. Ros-Lehtinen,
Mr. Saxton, Mr. Serrano, Mr. Smith of New Jersey, Mr. Smith
of Oregon, Mr. Skelton, Mr. Swift, Mr. Torricelli, Mr.
Wilson, and Mr. Wolf.
H. Res. 510: Mr. Ackerman, Mr. Dornan, Mr. Fingerhut, Mr.
Frank of Massachusetts, Mr. Frost, Mr. King, Mr. Leach, Mrs.
Maloney, Mr. McDade, Mr. McNulty, Mr. Rohrabacher, Ms. Ros-
Lehtinen, Mr. Sarpalius, Mr. Saxton, Mr. Waxman, and Mr.
Wilson.
Para. 100.26 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 4291: Mr. Stump.
.
SATURDAY, AUGUST 20, 1994 (101)
The House was called to order by the SPEAKER.
Para. 101.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Friday, August 19, 1994.
Mr. MONTGOMERY, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Mr. MONTGOMERY objected to the vote on the ground that a quorum was
not present and not voting.
The SPEAKER, pursuant to clause 5, rule I, announced that the vote
would be postponed until later today.
The point of no quorum was considered as withdrawn.
Para. 101.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3727. A letter from the Acting Director, Office of
Management and Budget, transmitting the OMB Sequestration
Update Report to the President and Congress, pursuant to
Public Law 101-508, section 13101(a) (104 Stat. 1388-587); to
the Committee on Appropriations.
3728. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving U.S. exports to the People's Republic of China,
pursuant to 12 U.S.C. 635(b)(3)(i); to the Committee on
Banking, Finance and Urban Affairs.
3729. A letter from the Secretary of Education,
transmitting a copy of the annual report of the Helen Keller
National Center for Deaf-Blind Youths and Adults [HKNC] for
the 1993 program year, pursuant to 29 U.S.C. 1903(b)(2); to
the Committee on Education and Labor.
3730. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed approval of manufacturing license agreement with
Japan (Transmittal No. DTC-24-94), pursuant to 22 U.S.C.
2776(d); to the Committee on Foreign Affairs.
3731. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting text of agreements
in which the American Institute in Taiwan is a party between
January 1, 1993, and December 31, 1993, pursuant to 22 U.S.C.
3311(a); to the Committee on Foreign Affairs.
Para. 101.3 recess--12:41 p.m.
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to clause 12 of rule
I, declared the House in recess at 12 o'clock and 41 minutes p.m.,
subject to the call of the Chair.
SUNDAY, AUGUST 21 (LEGISLATIVE DAY OF AUGUST 20), 1994
Para. 101.4 after recess--1:40 a.m.
The SPEAKER called the House to order.
Para. 101.5 order of business--consideration of the conference report on
h.r. 3355
On motion of Mr. MOAKLEY, by unanimous consent,
Ordered, That the requirement of clause 4(b) of rule XI for a two-
thirds vote to consider a report from the Committee on Rules on the same
day it is presented to the House be waived on the legislative day of
Sunday, August 21, 1994, with respect to a resolution providing for
consideration or disposition of a conference report to accompany the
bill (H.R. 3355) to amend the Omnibus Crime Control and Safe Streets Act
of 1968 to allow grants to increase police presence, to expand and
improve cooperative efforts between law enforcement agencies and members
of the community to address crime and disorder problems, and otherwise
to enhance public safety.
Para. 101.6 hour of meeting
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That when the House adjourns today (legislative day of August
20), 1994, it adjourn to meet at 1 o'clock p.m. on Sunday, August 21,
1994.
Para. 101.7 permission to file conference report
On motion of Mr. GEPHARDT, by unanimous consent, the managers on the
part of the House were granted permission until 12 o'clock noon Sunday,
August 21, 1994 to file a conference report on the bill (H.R. 3355) to
amend the Omnibus Crime Control and Safe Streets Act of 1968 to allow
grants to increase police presence, to expand and improve cooperative
efforts between law enforcement agencies and members of the community to
address crime and disorder problems, and otherwise to enhance public
safety; together with a statement thereon, for printing in the Record
under the rule.
Para. 101.8 unfinished business--approval of the journal
The SPEAKER, pursuant to clause 5, rule I, announced the unfinished
business to be the question on agreeing to the Chair's approval of the
Journal of Friday, August 19, 1994.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
So the Journal was approved.
And then,
Para. 101.9 adjournment
On motion of Mr. MOAKLEY, pursuant to the special order heretofore
agreed to, at 1 o'clock and 47 minutes a.m., Sunday, August 21
(legislative day of Saturday, August 20), 1994, the House adjourned
until 1 o'clock p.m. today.
Para. 101.10 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. PICKLE (for himself, Mr. Thomas of California,
Mr. Neal of Massachusetts, Mr. Mazzoli, Mr. Gekas,
Mr. Andrews of Texas, Mrs. Johnson of Connecticut,
Mr. Sundquist, Mr. Crane, Mr. McNulty, Mr. Hancock,
Mr. Ackerman, Mr. Fields of Texas, Mr. Lipinski, Mr.
Gene Green of Texas, Mr. Hutto, Mr. Wilson, Ms.
Eshoo, Mr. Levy, Mr. Fazio, Mr. Jefferson, Mr.
McCrery, Mr. Fish, Mr. Sarpalius, Mr. Hastings, Mr.
Hayes, Ms. Eddie Bernice Johnson of Texas, Mr. Brown
of California, Mr. Frost, Mr. Emerson, Mr. Greenwood,
Mr. Packard, Mr. Lewis of California, Mr. Hyde, Mr.
Doolittle, Mr. Rogers, Mr. Lewis of Florida, Mr.
Hefner, Mr. Evans, Mr. Rahall, Mr. Swift, Mr. Hansen,
Mr. Bryant, Mr. Spence, Mr. Callahan, Mr. Camp, Mr.
Torkildsen, Mr. Calvert, Mr. Bevill, Mr.
Sensenbrenner, Mr. Hall of Texas, Mr. Romero-Barcelo,
Mr. Livingston, Mr. Parker, Mr. Saxton, Mr. Chapman,
Mr. Martinez, Mr. Herger, Mr. Sawyer, Mr. Minge, and
Mr. Pete Geren of Texas):
H.R. 5006. A bill to amend the Internal Revenue Code of
1986 to encourage savings and investment through individual
retirement
[[Page 1761]]
accounts, and for other purposes; to the Committee on Ways
and Means.
By Mr. LaROCCO:
H.R. 5007. A bill to authorize the Secretary of Agriculture
to use stewardship contracting under which the receipts from
the sale of timber and other forest products from National
Forest System lands are available to the Secretary to conduct
other resource activities on such lands for the improvement
and restoration of healthy forest ecosystems; to the
Committee on Agriculture.
By Mr. de la GARZA (for himself, Mr. Roberts, Mr.
Sarpalius, Mr. Emerson, Mr. Thornton, Mr. McCrery,
Mr. Fazio, Mr. Dickey, Mr. Wilson, Mr. Hayes, Mr.
Doolittle, Mr. Matsui, Mr. Laughlin, Mr. Hutchinson,
and Mr. Brooks):
H.J. Res. 405. Joint resolution to commend the United
States rice industry, and for other purposes; jointly, to the
Committees on Post Office and Civil Service and Agriculture.
Para. 101.11 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 3017: Mr. Kim, Mr. Miller of Florida, and Mr. Fazio.
H.R. 3943: Mr. Johnson of South Dakota.
H.R. 4040: Mr. Yates, Mr. Price of North Carolina, Mr.
Jacobs, Mr. Vento, Mr. Wise, Mr. Waxman, and Mr. Fields of
Louisiana.
H.R. 4570: Mr. Hinchey, Mr. Myers of Indiana, Mr. Serrano,
and Mr. Bachus of Alabama.
H.R. 4636: Mr. de Lugo, Mr. Brown of California, Mr.
Coleman, Mr. Leach, Mr. Applegate, Mr. Levin, Mr. Kildee, Mr.
Dicks, Mrs. Collins of Illinois, Mr. Coyne, and Mr. Sharp.
H.R. 4831: Mr. Solomon.
H.R. 4887: Mr. Santorum and Mr. Gunderson.
H. Con. Res. 179: Mr. Gillmor and Mr. Bartlett of Maryland.
H. Con. Res. 210: Mrs. Thurman.
Para. 101.12 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 4051: Mr. Brown of Ohio.
.
SUNDAY, AUGUST 21, 1994 (102)
The House was called to order by the SPEAKER.
Para. 102.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Saturday, August 20, 1994.
Ms. DeLAURO, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Ms. DeLAURO, objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
248
When there appeared
<3-line {>
Nays
165
Para. 102.2 [Roll No. 413]
YEAS--248
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Foglietta
Ford (TN)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Greenwood
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Houghton
Hoyer
Hughes
Hutto
Inglis
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Myers
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Poshard
Price (NC)
Rahall
Reed
Richardson
Ridge
Roemer
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Schenk
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spratt
Stark
Stenholm
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--165
Allard
Archer
Armey
Bachus (AL)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Brown (CA)
Bunning
Burton
Buyer
Calvert
Camp
Canady
Castle
Clayton
Coble
Collins (GA)
Cox
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Gunderson
Hancock
Hansen
Hastert
Hefley
Hobson
Hoekstra
Hoke
Horn
Huffington
Hunter
Hutchinson
Hyde
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lloyd
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McHugh
McInnis
McKeon
McMillan
Meehan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Murphy
Nussle
Orton
Oxley
Packard
Paxon
Petri
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Saxton
Schaefer
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stokes
Stump
Sundquist
Talent
Tauzin
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--21
Applegate
Baker (CA)
Callahan
Crane
Engel
Flake
Ford (MI)
Frank (MA)
Gallo
Herger
McDade
Moran
Murtha
Rangel
Reynolds
Rose
Rowland
Tucker
Valentine
Washington
Whitten
So the Journal was approved.
Para. 102.3 submission of conference report--h.r. 3355
Mr. BROOKS submitted a further conference report (Rept. No. 103-711)
on the bill (H.R. 3355) to amend the Omnibus Crime Control and Safe
Streets Act of 1968 to allow grants to increase police presence, to
expand and improve cooperative efforts between law enforcement agencies
and members of the community to address crime and disorder problems, and
otherwise to enhance public safety; together with a statement thereon,
for printing in the Record under the rule.
Para. 102.4 submission of conference report--s. 1587
Mr. CONYERS submitted a conference report (Rept. No. 103-712) on the
bill of the Senate (S. 1587) to revise and streamline the acquisition
laws of the Federal Government, and for other purposes; together with a
statement thereon, for printing in the Record under the rule.
Para. 102.5 waiving points of order against the further conference
report on h.r. 3355
Mr. DERRICK, by direction of the Committee on Rules, called up the
following resolution (H. Res. 526):
[[Page 1762]]
Resolved, That upon adoption of this resolution it shall be
in order to consider a further conference report to accompany
the bill (H.R. 3355) to amend the Omnibus Crime Control and
Safe Streets Act of 1968 to allow grants to increase police
presence, to expand and improve cooperative efforts between
law enforcement agencies and members of the community to
address crime and disorder problems, and otherwise to enhance
public safety. All points of order against the conference
report and against its consideration are waived. The
conference report shall be considered as read. The conference
report shall be debatable for 80 minutes, with 20 minutes
controlled by the chairman of the Committee on the Judiciary,
40 minutes controlled by the ranking minority member of the
Committee on the Judiciary, and 20 minutes controlled by
Representative Castle of Delaware. The previous question
shall be considered as ordered on the conference report to
final adoption without intervening motion except one motion
to recommit, which may contain instructions only if offered
by Representative Michel of Illinois or his designee.
When said resolution was considered.
After debate,
On motion of Mr. DERRICK, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. HOYER, announced that the yeas had it.
Mr. GOSS objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
239
When there appeared
<3-line {>
Nays
189
Para. 102.6 [Roll No. 414]
YEAS--239
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Blute
Boehlert
Bonior
Borski
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Castle
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Coppersmith
Coyne
Cramer
Darden
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Foley
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilchrest
Glickman
Gonzalez
Gordon
Grandy
Green
Greenwood
Gutierrez
Hall (OH)
Hamburg
Harman
Hastings
Hefner
Hinchey
Hoagland
Hobson
Hochbrueckner
Horn
Houghton
Hoyer
Huffington
Hughes
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
King
Kleczka
Klein
Klug
Kopetski
Kreidler
LaFalce
Lambert
Lantos
Lazio
Leach
Lehman
Levin
Levy
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Michel
Miller (CA)
Mineta
Minge
Mink
Moakley
Molinari
Montgomery
Moran
Morella
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Penny
Pickle
Pomeroy
Porter
Price (NC)
Pryce (OH)
Quinn
Ramstad
Rangel
Reed
Richardson
Ridge
Roemer
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Saxton
Schenk
Schroeder
Schumer
Serrano
Sharp
Shaw
Shays
Shepherd
Skaggs
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spratt
Stark
Studds
Swett
Swift
Thompson
Thornton
Torkildsen
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Walsh
Waxman
Weldon
Wheat
Whitten
Woolsey
Wyden
Wynn
Yates
Zimmer
NAYS--189
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Boehner
Bonilla
Boucher
Brewster
Browder
Bunning
Burton
Buyer
Calvert
Camp
Canady
Chapman
Clay
Clinger
Coble
Collins (GA)
Combest
Cooper
Costello
Cox
Crane
Crapo
Cunningham
Danner
de la Garza
Deal
DeFazio
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Gallegly
Gekas
Geren
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hilliard
Hoekstra
Hoke
Holden
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kim
Kingston
Klink
Knollenberg
Kolbe
Kyl
Lancaster
LaRocco
Laughlin
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
Mica
Miller (FL)
Mollohan
Moorhead
Murphy
Myers
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Portman
Poshard
Quillen
Rahall
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Roth
Royce
Santorum
Sarpalius
Schaefer
Schiff
Scott
Sensenbrenner
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stenholm
Stokes
Strickland
Stump
Stupak
Sundquist
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thurman
Unsoeld
Upton
Volkmer
Vucanovich
Walker
Waters
Watt
Williams
Wilson
Wise
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--7
Callahan
Gallo
Reynolds
Rowland
Tucker
Valentine
Washington
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 102.7 crime control
Mr. BROOKS called up the following further conference report (Rept.
No. 103-711):
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the House to the amendment of
the Senate to the bill (H.R. 3355), to amend the Omnibus
Crime Control and Safe Streets Act of 1968 to allow grants to
increase police presence, to expand and improve cooperative
efforts between law enforcement agencies and members of the
community to address crime and disorder problems, and
otherwise to enhance public safety, having met, after full
and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the Senate recede from its disagreement to the
amendment of the House to the amendment of the Senate to the
text of the bill and agree to the same with an amendment as
follows:
In lieu of the matter proposed to be inserted by the House
amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Violent Crime Control and
Law Enforcement Act of 1994''.
SEC. 2. TABLE OF CONTENTS.
The following is the table of contents for this Act:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--PUBLIC SAFETY AND POLICING
Sec. 10001. Short title.
Sec. 10002. Purposes.
Sec. 10003. Community policing; ``Cops on the Beat''.
TITLE II--PRISONS
Subtitle A--Violent Offender Incarceration and Truth in Sentencing
Incentive Grants
Sec. 20101. Grants for correctional facilities.
Sec. 20102. Truth in sentencing incentive grants.
Sec. 20103. Violent offender incarceration grants.
Sec. 20104. Matching requirement.
Sec. 20105. Rules and regulations.
Sec. 20106. Technical assistance and training.
Sec. 20107. Evaluation.
Sec. 20108. Definitions.
Sec. 20109. Authorization of appropriations.
Subtitle B--Punishment for Young Offenders
Sec. 20201. Certain punishment for young offenders.
Subtitle C--Alien Incarceration
Sec. 20301. Incarceration of undocumented criminal aliens.
Subtitle D--Miscellaneous Provisions
Sec. 20401. Prisoner's place of imprisonment.
Sec. 20402. Prison impact assessments.
Sec. 20403. Sentences to account for costs to the Government of
imprisonment, release, and probation.
[[Page 1763]]
Sec. 20404. Application to prisoners to which prior law applies.
Sec. 20405. Crediting of ``good time''.
Sec. 20406. Task force on prison construction standardization and
techniques.
Sec. 20407. Efficiency in law enforcement and corrections.
Sec. 20408. Amendments to the Department of Education Organization Act
and the National Literacy Act of 1991.
Sec. 20409. Appropriate remedies for prison overcrowding.
Sec. 20410. Congressional approval of any expansion at Lorton and
congressional hearings on future needs.
Sec. 20411. Awards of Pell Grants to prisoners prohibited.
Sec. 20412. Education requirement for early release.
Sec. 20413. Conversion of closed military installations into Federal
prison facilities.
Sec. 20414. Post-conviction release drug testing--Federal offenders.
Sec. 20415. Reporting of cash received by criminal court clerks.
Sec. 20416. Civil rights of institutionalized persons.
Sec. 20417. Notification of release of prisoners.
Sec. 20418. Correctional job training and placement.
Subtitle D--Family and Community Endeavor Schools Grant Program
Sec. 30401. Community schools youth services and supervision grant
program.
Sec. 30402. Family and Community Endeavor Schools Grant Program.
TITLE III--CRIME PREVENTION
Subtitle A--Ounce of Prevention Council
Sec. 30101. Ounce of Prevention Council.
Sec. 30102. Ounce of prevention grant program.
Sec. 30103. Definition.
Sec. 30104. Authorization of appropriations.
Subtitle B--Local Crime Prevention Block Grant Program
Sec. 30201. Payments to local governments.
Sec. 30202. Authorization of appropriations.
Sec. 30203. Qualification for payment.
Sec. 30204. Allocation and distribution of funds.
Sec. 30205. Utilization of private sector.
Sec. 30206. Public participation.
Sec. 30207. Administrative provisions.
Sec. 30208. Definitions.
Subtitle C--Model Intensive Grant Programs
Sec. 30301. Grant authorization.
Sec. 30302. Uses of funds.
Sec. 30303. Program requirements.
Sec. 30304. Applicants.
Sec. 30305. Reports.
Sec. 30306. Definitions.
Sec. 30307. Authorization of appropriations.
Subtitle D--Family and Community Endeavor Schools Grant Program
Sec. 30401. Community schools youth services and supervision grant
program.
Sec. 30402. Family and community endeavor schools grant program.
Sec. 30403. Authorization of appropriations.
Subtitle G--Assistance for Delinquent and At-Risk Youth
Sec. 30701. Grant authority.
Sec. 30702. Authorization of appropriations.
Subtitle H--Police Recruitment
Sec. 30801. Grant authority.
Sec. 30802. Authorization of appropriations.
Subtitle J--Local Partnership Act
Sec. 31001. Establishment of payment program.
Sec. 31002. Technical amendment.
Subtitle K--National Community Economic Partnership
Sec. 31101. Short title.
Chapter 1--Community Economic Partnership Investment Funds
Sec. 31111. Purpose.
Sec. 31112. Provision of assistance.
Sec. 31113. Approval of applications.
Sec. 31114. Availability of lines of credit and use.
Sec. 31115. Limitations on use of funds.
Sec. 31116. Program priority for special emphasis programs.
Chapter 2--Emerging Community Development Corporations
Sec. 31121. Community development corporation improvement grants.
Sec. 31122. Emerging community development corporation revolving loan
funds.
Chapter 3--Miscellaneous Provisions
Sec. 31131. Definitions.
Sec. 31132. Authorization of appropriations.
Sec. 31133. Prohibition.
Subtitle O--Urban Recreation and At-Risk Youth
Sec. 31501. Purpose of assistance.
Sec. 31502. Definitions.
Sec. 31503. Criteria for selection.
Sec. 31504. Park and recreation action recovery programs.
Sec. 31505. Miscellaneous and technical amendments.
Subtitle Q--Community-Based Justice Grants for Prosecutors
Sec. 31701. Grant authorization.
Sec. 31702. Use of funds.
Sec. 31703. Applications.
Sec. 31704. Allocation of funds; limitations on grants.
Sec. 31705. ward of grants.
Sec. 31706. Reports.
Sec. 31707. Authorization of appropriations.
Sec. 31708. Definitions.
Subtitle S--Family Unity Demonstration Project
Sec. 31901. Short title.
Sec. 31902. Purpose.
Sec. 31903. Definitions.
Sec. 31904. Authorization of appropriations.
Chapter 1--Grants To States
Sec. 31911. Authority to make grants.
Sec. 31912. Eligibility to receive grants.
Sec. 31913. Report.
Chapter 2--Family Unity Demonstration Project for Federal Prisoners
Sec. 31921. Authority of the Attorney General.
Sec. 31922. Requirements.
Subtitle T--Substance Abuse Treatment in Federal Prisons
Sec. 32001. Substance abuse treatment in Federal prisons.
Subtitle U--Residential Substance Abuse Treatment for State Prisoners
Sec. 32101. Residential substance abuse treatment for State prisoners.
Subtitle V--Prevention, Diagnosis, and Treatment of Tuberculosis in
Correctional Institutions
Sec. 32201. Prevention, diagnosis, and treatment of tuberculosis in
correctional institutions.
Subtitle X--Gang Resistance Education and Training
Sec. 32401. Gang resistance education and training projects.
TITLE IV--VIOLENCE AGAINST WOMEN
Sec. 40001. Short title.
Subtitle A--Safe Streets for Women
Sec. 40101. Short title.
Chapter 1--Federal Penalties for Sex Crimes
Sec. 40111. Repeat offenders.
Sec. 40112. Federal penalties.
Sec. 40113. Mandatory restitution for sex crimes.
Sec. 40114. Authorization for Federal victim's counselors.
Chapter 2--Law Enforcement and Prosecution Grants to Reduce Violent
Crimes Against Women
Sec. 40121. Grants to combat violent crimes against women.
Chapter 3--Safety For Women in Public Transit and Public Parks
Sec. 40131. Grants for capital improvements to prevent crime in public
transportation.
Sec. 40132. Grants for capital improvements to prevent crime in
national parks.
Sec. 40133. Grants for capital improvements to prevent crime in public
parks.
Chapter 4--New Evidentiary Rules
Sec. 40141. Sexual history in criminal and civil cases.
Chapter 5--Assistance To Victims of Sexual Assault
Sec. 40151. Education and prevention grants to reduce sexual assaults
against women.
Sec. 40152. Training programs.
Sec. 40153. Confidentiality of communications between sexual assault or
domestic violence victims and their counselors.
Sec. 40154. Information programs.
Sec. 40155. Education and prevention grants to reduce sexual abuse of
runaway, homeless, and street youth.
Sec. 40156. Victims of child abuse programs.
Subtitle B--Safe Homes for Women
Sec. 40201. Short title.
Chapter 1--National Domestic Violence Hotline
Sec. 40211. Grant for a national domestic violence hotline.
Chapter 2--Interstate Enforcement
Sec. 40221. Interstate enforcement.
Chapter 3--Arrest Policies in Domestic Violence Cases
Sec. 40231. Encouraging arrest policies.
Chapter 4--Shelter Grants
Sec. 40241. Grants for battered women's shelters.
Chapter 5--Youth Education
Sec. 40251. Youth education and domestic violence.
Chapter 6--Community Programs on Domestic Violence
Sec. 40261. Establishment of community programs on domestic violence.
Chapter 7--Family Violence Prevention and Services Act Amendments
Sec. 40271. Grantee reporting.
Sec. 40272. Technical amendments.
Chapter 8--Confidentiality For Abused Persons
Sec. 40281. Confidentiality of abused person's address.
Chapter 9--Data And Research
Sec. 40291. Research agenda.
Sec. 40292. State databases.
Sec. 40293. Number and cost of injuries.
Chapter 10--Rural Domestic Violence and Child Abuse Enforcement
Sec. 40295. Rural domestic violence and child abuse enforcement
assistance.
[[Page 1764]]
Subtitle C--Civil Rights for Women
Sec. 40301. Short title.
Sec. 40302. Civil rights.
Sec. 40303. Attorney's fees.
Sec. 40304. Sense of the Senate concerning protection of the privacy of
rape victims.
Subtitle D--Equal Justice for Women in the Courts Act
Sec. 40401. Short title.
Chapter 1--Education And Training for Judges and Court Personnel in
State Courts
Sec. 40411. Grants authorized.
Sec. 40412. Training provided by grants.
Sec. 40413. Cooperation in developing programs in making grants under
this title.
Sec. 40414. Authorization of appropriations.
Chapter 2--Education And Training for Judges and Court Personnel in
Federal Courts
Sec. 40421. Authorizations of circuit studies; education and training
grants.
Sec. 40422. Authorization of appropriations.
Subtitle E--Violence Against Women Act Improvements
Sec. 40501. Pre-trial detention in sex offense cases.
Sec. 40502. Increased penalties for sex offenses against victims below
the age of 16.
Sec. 40503. Payment of cost of testing for sexually transmitted
diseases.
Sec. 40504. Extension and strengthening of restitution.
Sec. 40505. Enforcement of restitution orders through suspension of
Federal benefits.
Sec. 40506. National baseline study on campus sexual assault.
Sec. 40507. Report on battered women's syndrome.
Sec. 40508. Report on confidentiality of addresses for victims of
domestic violence.
Sec. 40509. Report on recordkeeping relating to domestic violence.
Subtitle F--National Stalker and Domestic Violence Reduction
Sec. 40601. Authorizing access to Federal criminal information
databases.
Sec. 40602. Grant program.
Sec. 40603. Authorization of appropriations.
Sec. 40604. Application requirements.
Sec. 40605. Disbursement.
Sec. 40606. Technical assistance, training, and evaluations.
Sec. 40607. Training programs for judges.
Sec. 40608. Recommendations on intrastate communication.
Sec. 40609. Inclusion in national incident-based reporting system.
Sec. 40610. Report to Congress.
Sec. 40611. Definitions.
Subtitle G--Protections for Battered Immigrant Women and Children
Sec. 40701. Alien petitioning rights for immediate relative or second
preference status.
Sec. 40702. Use of credible evidence in spousal waiver applications.
Sec. 40703. Suspension of deportation.
TITLE V--DRUG COURTS
Sec. 50001. Drug courts.
Sec. 50002. Study by the General Accounting Office.
TITLE VI--DEATH PENALTY
Sec. 60001. Short title.
Sec. 60002. Constitutional procedures for the imposition of the
sentence of death.
Sec. 60003. Specific offenses for which death penalty is authorized.
Sec. 60004. Applicability to Uniform Code of Military Justice.
Sec. 60005. Death penalty for murder by a Federal prisoner.
Sec. 60006. Death penalty for civil rights murders.
Sec. 60007. Death penalty for the murder of Federal law enforcement
officials.
Sec. 60008. New offense for the indiscriminate use of weapons to
further drug conspiracies.
Sec. 60009. Foreign murder of United States nationals.
Sec. 60010. Death penalty for rape and child molestation murders.
Sec. 60011. Death penalty for sexual exploitation of children.
Sec. 60012. Murder by escaped prisoners.
Sec. 60013. Death penalty for gun murders during Federal crimes of
violence and drug trafficking crimes.
Sec. 60014. Homicides and attempted homicides involving firearms in
Federal facilities.
Sec. 60015. Death penalty for the murder of State or local officials
assisting Federal law enforcement officials and State
correctional officers.
Sec. 60016. Protection of court officers and jurors.
Sec. 60017. Prohibition of retaliatory killings of witnesses, victims,
and informants.
Sec. 60018. Death penalty for murder of Federal witnesses.
Sec. 60019. Offenses of violence against maritime navigation or fixed
platforms.
Sec. 60020. Torture.
Sec. 60021. Violence at airports serving international civil aviation.
Sec. 60022. Terrorist Death Penalty Act.
Sec. 60023. Weapons of mass destruction.
Sec. 60024. Enhanced penalties for alien smuggling.
Sec. 60025. Protection of jurors and witnesses in capital cases.
Sec. 60026. Appointment of Counsel.
TITLE VII--MANDATORY LIFE IMPRISONMENT FOR PERSONS CONVICTED OF CERTAIN
FELONIES
Sec. 70001. Mandatory life imprisonment for persons convicted of
certain felonies.
Sec. 70002. Limited grant of authority to Bureau of Prisons.
TITLE VIII--APPLICABILITY OF MANDATORY MINIMUM PENALTIES IN CERTAIN
CASES
Sec. 80001. Limitation on applicability of mandatory minimum penalties
in certain cases.
TITLE IX--DRUG CONTROL
Subtitle A--Enhanced Penalties and General Provisions
Sec. 90101. Enhancement of penalties for drug trafficking in prisons.
Sec. 90102. Increased penalties for drug-dealing in ``drug-free''
zones.
Sec. 90103. Enhanced penalties for illegal drug use in Federal prisons
and for smuggling drugs into Federal prisons.
Sec. 90104. Clarification of narcotic or other dangerous drugs under
RICO.
Sec. 90105. Conforming amendments to recidivist penalty provisions of
the controlled substances act and the controlled
substances import and export act.
Sec. 90106. Advertising.
Sec. 90107. Violent crime and drug emergency areas.
Subtitle B--National Narcotics Leadership Act Amendments
Sec. 90201. Implementation of National Drug Control Strategy.
Sec. 90202. Report on reprogramming; office personnel restriction.
Sec. 90203. National Drug Control Strategy outcome measures.
Sec. 90204. Counter-Drug Technology Assessment Center.
Sec. 90205. Special Forfeiture Fund amendments.
Sec. 90206. Authorization of appropriations.
Sec. 90207. Adequate staffing of the Office of National Drug Control
Policy.
Sec. 90208. Termination of Office of National Drug Control Policy.
TITLE X--DRUNK DRIVING PROVISIONS
Sec. 100001. Short title.
Sec. 100002. State laws applied in areas of Federal jurisdiction.
Sec. 100003. Driving while intoxicated prosecution program.
TITLE XI--FIREARMS
Subtitle A--Assault Weapons
Sec. 110101. Short title.
Sec. 110102. Restriction on manufacture, transfer, and possession of
certain semiautomatic assault weapons.
Sec. 110103. Ban of large capacity ammunition feeding devices.
Sec. 110104. Study by attorney general.
Sec. 110105. Effective date.
Sec. 110106. Appendix a to section 922 of title 18.
Subtitle B--Youth Handgun Safety
Sec. 110201. Prohibition of the possession of a handgun or ammunition
by, or the private transfer of a handgun or ammunition
to, a juvenile.
Subtitle C--Licensure
Sec. 110301. Firearms licensure and registration to require a
photograph and fingerprints.
Sec. 110302. Compliance with State and local law as a condition to
license.
Sec. 110303. Action on firearms license application.
Sec. 110304. Inspection of firearms licensees' inventory and records.
Sec. 110305. Reports of theft or loss of firearms.
Sec. 110306. Responses to requests for information.
Sec. 110307. Notification of names and addresses of firearms licensees.
Subtitle D--Domestic Violence
Sec. 110401. Prohibition against disposal of firearms to, or receipt of
firearms by, persons who have committed domestic abuse.
Subtitle E--Gun Crime Penalties
Sec. 110501. Enhanced penalty for use of a semiautomatic firearm during
a crime of violence or a drug trafficking crime.
Sec. 110502. Enhanced penalty for second offense of using an explosive
to commit a felony.
Sec. 110503. Smuggling firearms in aid of drug trafficking.
Sec. 110504. Theft of firearms and explosives.
Sec. 110505. Revocation of supervised release after imprisonment.
Sec. 110506. Revocation of probation.
Sec. 110507. Increased penalty for knowingly making false, material
Statement in connection with the acquisition of a firearm
from a licensed dealer.
Sec. 110508. Possession of explosives by felons and others.
Sec. 110509. Summary destruction of explosives subject to forfeiture.
[[Page 1765]]
Sec. 110510. Elimination of outmoded language relating to parole.
Sec. 110511. Prohibition against transactions involving stolen firearms
which have moved in interstate or foreign commerce.
Sec. 110512. Using a firearm in the commission of counterfeiting or
forgery.
Sec. 110513. Enhanced penalties for firearms possession by violent
felons and serious drug offenders.
Sec. 110514. Receipt of firearms by nonresident.
Sec. 110515. Theft of firearms or explosives from licensee.
Sec. 110516. Disposing of explosives to prohibited persons.
Sec. 110517. Increased penalty for interstate gun trafficking.
Sec. 110518. Firearms and explosives conspiracy.
Sec. 110519. Definition of armor piercing ammunition.
TITLE XII--TERRORISM
Sec. 120001. Extension of the statute of limitation for certain
terrorism offenses.
Sec. 120002. Jurisdiction over crimes against United States nationals
on certain foreign ships.
Sec. 120003. Counterfeiting United States currency abroad.
Sec. 120004. Sentencing guidelines increase for terrorist crimes.
Sec. 120005. Providing material support to terrorists.
TITLE XIII--CRIMINAL ALIENS AND IMMIGRATION ENFORCEMENT
Sec. 130001. Enhancement of penalties for failing to depart, or
reentering, after final order of deportation.
Sec. 130002. Criminal alien tracking center.
Sec. 130003. Alien witness cooperation and counterterrorism
information.
Sec. 130004. Deportation procedures for certain criminal aliens who are
not permanent residents.
Sec. 130005. Expeditious deportation for denied asylum applicants.
Sec. 130006. Improving border controls.
Sec. 130007. Expanded special deportation proceedings.
Sec. 130008. Authority to accept certain assistance.
Sec. 130009. Passport and visa offenses penalties improvement.
Sec. 130010. Asylum.
TITLE XIV--YOUTH VIOLENCE
Sec. 140001. Prosecution as adults of certain juveniles for crimes of
violence.
Sec. 140002. Commencement of juvenile proceeding.
Sec. 140003. Separation of juvenile from adult offenders.
Sec. 140004. Bindover system for certain violent juveniles
Sec. 140005. Amendment concerning records of crimes committed by
juveniles.
Sec. 140006. Increased penalties for employing children to distribute
drugs near schools and playgrounds.
Sec. 140007. Increased penalties for travel act crimes involving
violence and conspiracy to commit contract killings.
Sec. 140008. Solicitation of minor to commit crime.
TITLE XV--CRIMINAL STREET GANGS
Sec. 150001. Criminal street gangs.
Sec. 150002. Adult prosecution of serious juvenile offenders.
Sec. 150003. Addition of anti-gang Byrne grant funding objective.
Sec. 150006. Mentoring program.
Sec. 150007. Juvenile anti-drug and anti-gang grants in federally
assisted low-income housing.
Sec. 150008. Gang investigation coordination and information
collection.
Sec. 150009. Multijurisdictional gang task forces.
TITLE XVI--CHILD PORNOGRAPHY
Sec. 160001. Penalties for international trafficking in child
pornography.
Sec. 160002. Sense of Congress concerning State legislation regarding
child pornography.
Sec. 160003. Confirmation of intent of Congress in enacting sections
2252 and 2256 of title 18, United States code.
TITLE XVII--CRIMES AGAINST CHILDREN
Subtitle A--Jacob Wetterling Crimes Against Children and Sexually
Violent Offender Registration Act
Sec. 170101. Establishment of program.
Subtitle B--Assaults Against Children
Sec. 170201. Assaults against children.
Subtitle C--Missing and Exploited Children
Sec. 170301. Short title.
Sec. 170302. Purpose.
Sec. 170303. Establishment of task force.
TITLE XVIII--RURAL CRIME
Subtitle A--Drug Trafficking in Rural Areas
Sec. 180101. Authorizations for rural law enforcement agencies.
Sec. 180102. Rural crime and drug enforcement task forces.
Sec. 180103. Rural drug enforcement training.
Sec. 180104. More agents for the Drug Enforcement Administration.
Subtitle B--Drug Free Truck Stops and Safety Rest Areas
Sec. 180201. Drug free truck stops and safety rest areas.
Subtitle C--Sense of Congress Regarding Funding for Rural Areas
Sec. 180301. Funding for rural areas.
TITLE XIX--FEDERAL LAW ENFORCEMENT
Sec. 190001. Federal judiciary and Federal law enforcement.
TITLE XX--POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING AND
EDUCATION
Subtitle A--Police Corps
Sec. 200101. Short title.
Sec. 200102. Purposes.
Sec. 200103. Definitions.
Sec. 200104. Establishment of office of the police corps and law
enforcement education.
Sec. 200105. Designation of lead agency and submission of State plan.
Sec. 200106. Scholarship assistance.
Sec. 200107. Selection of participants.
Sec. 200108. Police corps training.
Sec. 200109. Service obligation.
Sec. 200110. State plan requirements.
Sec. 200111. Assistance to States and localities employing police corps
officers.
Sec. 200112. Authorization of appropriations.
Sec. 200113. Reports to congress.
Subtitle B--Law Enforcement Scholarship Program
Sec. 200201. Short title.
Sec. 200202. Definitions.
Sec. 200203. Allotment.
Sec. 200204. Establishment of program.
Sec. 200205. Scholarships.
Sec. 200206. Eligibility.
Sec. 200207. State application.
Sec. 200208. Local application.
Sec. 200209. Scholarship agreement.
Sec. 200210. Authorization of appropriations.
TITLE XXI--STATE AND LOCAL LAW ENFORCEMENT
Subtitle A--Byrne Program
Sec. 210101. Extension of Byrne Grant funding.
Subtitle B--Law Enforcement Family Support
Sec. 210201. Law enforcement family support.
Subtitle C--DNA Identification
Sec. 210301. Short title.
Sec. 210302. Funding to improve the quality and availability of DNA
analyses for law enforcement identification purposes.
Sec. 210303. Quality assurance and proficiency testing standards.
Sec. 210304. Index to facilitate law enforcement exchange of DNA
identification information.
Sec. 210305. Federal Bureau of Investigation.
Sec. 210306. Authorization of appropriations.
Subtitle D--Police Pattern or Practice
Sec. 210401. Cause of action.
Sec. 210402. Data on use of excessive force.
Subtitle E--Improved Training and Technical Automation
Sec. 210501. Improved training and technical automation.
Subtitle F--Other State and Local Aid
Sec. 210601. Reauthorization of Office of Justice Programs.
Sec. 210602. Federal assistance to ease the increased burdens on State
court systems resulting from enactment of this act.
Sec. 210603. Availability of violent crime reduction trust fund to fund
activities authorized by the Brady Handgun Violence
Prevention Act and the National Child Protection Act of
1993.
TITLE XXII--MOTOR VEHICLE THEFT PREVENTION
Sec. 220001. Short title.
Sec. 220002. Motor vehicle theft prevention program.
Sec. 220003. Altering or removing motor vehicle identification numbers.
TITLE XXIII--VICTIMS OF CRIME
Subtitle A--Victims of Crime
Sec. 230101. Victim's right of allocution in sentencing.
Sec. 230102. Sense of the Senate concerning the right of a victim of a
violent crime or sexual abuse to speak at an offender's
sentencing hearing and any parole hearing.
Subtitle B--Crime Victims' Fund
Sec. 230201. Allocation of funds for costs and grants.
Sec. 230202. Relationship of crime victim compensation to certain
Federal programs.
Sec. 230203. Administrative costs for crime victim compensation.
Sec. 230204. Grants for demonstration projects.
Sec. 230205. Administrative costs for crime victim assistance.
Sec. 230206. Maintenance of effort.
Sec. 230207. Change of due date for required report.
Sec. 230208. Amendment of the Victims of Crime Act.
TITLE XXIV--PROTECTIONS FOR THE ELDERLY
Sec. 240001. Missing Alzheimer's Disease Patient Alert Program.
Sec. 240002. Crimes against the elderly.
TITLE XXV--SENIOR CITIZENS AGAINST MARKETING SCAMS
Sec. 250001. Short title.
Sec. 250002. Enhanced penalties for telemarketing fraud.
Sec. 250003. Increased penalties for fraud against older victims.
Sec. 250004. Rewards for information leading to prosecution and
conviction.
[[Page 1766]]
Sec. 250005. Authorization of appropriations.
Sec. 250006. Broadening application of mail fraud statute.
Sec. 250007. Fraud and related activity in connection with access
devices.
Sec. 250008. Information network.
TITLE XXVI--COMMISSION MEMBERSHIP AND APPOINTMENT
Sec. 260001. Commission membership and appointment.
Sec. 260002. Conforming amendment.
TITLE XXVII--PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL COMMISSION ON
CRIME PREVENTION AND CONTROL
Sec. 270001. Presidential summit.
Sec. 270002. Establishment; committees and task forces; representation.
Sec. 270003. Purposes.
Sec. 270004. Responsibilities of the commission.
Sec. 270005. Administrative matters.
Sec. 270006. Staff and support services.
Sec. 270007. Powers.
Sec. 270008. Report; termination.
Sec. 270009. Authorization of appropriations.
TITLE XXVIII--SENTENCING PROVISIONS
Sec. 280001. Imposition of sentence.
Sec. 280002. Technical amendment to mandatory conditions of probation.
Sec. 280003. Direction to United States Sentencing Commission regarding
sentencing enhancements for hate crimes.
Sec. 280004. Authorization of probation for petty offenses in certain
cases.
Sec. 280005. Full-time vice chairs of the United States Sentencing
Commission.
Sec. 280006. Cocaine penalty study.
TITLE XXIX--COMPUTER CRIME
Sec. 290001. Computer Abuse Amendments Act of 1994.
TITLE XXX--PROTECTION OF PRIVACY OF INFORMATION IN STATE MOTOR VEHICLE
RECORDS
Sec. 300001. Short title.
Sec. 300002. Prohibition on release and use of certain personal
information from State motor vehicle records.
Sec. 300003. Effective date.
TITLE XXXI--VIOLENT CRIME REDUCTION TRUST FUND
Sec. 310001. Creation of Violent Crime Reduction Trust Fund.
Sec. 310002. Conforming reduction in discretionary spending limits.
Sec. 310003. Extension of authorizations of appropriations for fiscal
years for which the full amount authorized is not
appropriated.
Sec. 310004. Flexibility in making of appropriations.
TITLE XXXII--MISCELLANEOUS
Subtitle A--Increases in Penalties
Sec. 320101. Increased penalties for assault.
Sec. 320102. Increased penalties for manslaughter.
Sec. 320103. Increased penalties for civil rights violations.
Sec. 320104. Penalties for trafficking in counterfeit goods and
services.
Sec. 320105. Increased penalty for conspiracy to commit murder for
hire.
Sec. 320106. Increased penalties for arson.
Sec. 320107. Increased penalties for drug trafficking near public
housing.
Sec. 320108. Task force and criminal penalties relating to the
introduction of nonindigenous species.
Sec. 320109. Military medals and decorations.
Subtitle B--Extension of Protection of Civil Rights Statutes
Sec. 320201. Extension of protection of civil rights statutes.
Subtitle C--Audit and Report
Sec. 320301. Audit requirement for State and local law enforcement
agencies receiving Federal asset forfeiture funds.
Sec. 320302. Report to Congress on administrative and contracting
expenses.
Subtitle D--Coordination
Sec. 320401. Coordination of substance abuse treatment and prevention
programs.
Subtitle E--Gambling
Sec. 320501. Clarifying amendment regarding scope of prohibition
against gambling on ships in international waters.
Subtitle F--White Collar Crime Amendments
Sec. 320601. Receiving the proceeds of extortion or kidnapping.
Sec. 320602. Receiving the proceeds of a postal robbery.
Sec. 320603. Crimes by or affecting persons engaged in the business of
insurance whose activities affect interstate commerce.
Sec. 320604. Miscellaneous amendments to title 18, United States Code.
Sec. 320605. Federal Deposit Insurance Act amendment.
Sec. 320606. Federal Credit Union Act amendments.
Sec. 320607. Addition of predicate offenses to financial institutions
rewards statute.
Sec. 320608. Definition of ``savings and loan association'' for
purposes of the offense of bank robbery and related
offenses.
Sec. 320609. Definition of 1-year period for purposes of the offense of
obstruction of a Federal audit.
Subtitle G--Safer Streets and Neighborhoods
Sec. 320701. Short title.
Sec. 320702. Limitation on grant distribution.
Subtitle H--Recreational Hunting Safety
Sec. 320801. Short title.
Sec. 320802. Obstruction of a lawful hunt.
Sec. 320803. Civil penalties.
Sec. 320804. Other relief.
Sec. 320805. Relationship to State and local law and civil actions.
Sec. 320806. Regulations.
Sec. 320807. Rule of construction.
Sec. 320808. Definitions.
Subtitle I--Other Provisions
Sec. 320901. Wiretaps.
Sec. 320902. Theft of major artwork.
Sec. 320903. Addition of attempted robbery, kidnapping, smuggling, and
property damage offenses to eliminate inconsistencies and
gaps in coverage.
Sec. 320904. Gun-free school zones.
Sec. 320905. Interstate wagering.
Sec. 320906. Sense of Congress with respect to violence against
truckers.
Sec. 320907. Sense of the Senate regarding a study on out-of-wedlock
births.
Sec. 320908. Sense of the Senate regarding the role of the united
nations in international organized crime control.
Sec. 320909. Optional venue for espionage and related offenses.
Sec. 320910. Undercover operations.
Sec. 320911. Misuse of initials ``DEA''.
Sec. 320912. Definition of livestock.
Sec. 320913. Asset forfeiture.
Sec. 320914. Clarification of definition of a ``court of the United
States'' to include the district courts for Guam, the
Northern Mariana Islands, and the Virgin Islands.
Sec. 320915. Law enforcement personnel.
Sec. 320916. Authority to investigate violent crimes against travelers.
Sec. 320917. Extension of statute of limitations for arson.
Sec. 320918. Sense of Congress concerning child custody and visitation
rights.
Sec. 320919. Edward Byrne Memorial Formula Grant Program.
Sec. 320920. Sense of the senate regarding Law Day U.S.A.
Sec. 320921. First time domestic violence offender rehabilitation
program.
Sec. 320922. Display of flags at halfstaff.
Sec. 320923. Financial institution fraud.
Sec. 320924. Definition of parent for the purposes of the offense of
kidnapping.
Sec. 320926. Hate Crime Statistics Act.
Sec. 320927. Exemption from Brady background check requirement of
return of handgun to owner.
Sec. 320928. Amendment of the National Child Protection Act of 1993.
Sec. 320929. Tennessee Valley Authority law enforcement personnel.
Sec. 320932. Assistant United States attorney residency.
Sec. 320933. Labels on products.
Sec. 320934. Non-dischargeability of payment of restitution order.
Sec. 320935. Admissibility of evidence of similar crimes in sex offense
cases.
TITLE XXXIII--TECHNICAL CORRECTIONS
Sec. 330001. Amendments relating to Federal financial assistance for
law enforcement.
Sec. 330002. General title 18 corrections.
Sec. 330003. Corrections of erroneous cross references and
misdesignations.
Sec. 330004. Repeal of obsolete provisions in title 18.
Sec. 330005. Correction of drafting error in the Foreign Corrupt
Practices Act.
Sec. 330006. Elimination of redundant penalty provision in 18 U.S.C.
1116.
Sec. 330007. Elimination of redundant penalty.
Sec. 330008. Corrections of misspellings and grammatical errors.
Sec. 330009. Other technical amendments.
Sec. 330010. Correction of errors found during codification.
Sec. 330011. Problems related to execution of prior amendments.
Sec. 330012. Amendment to section 1956 of title 18 to eliminate
duplicate predicate crimes.
Sec. 330013. Amendments to part V of title 18.
Sec. 330014. Update of cross reference.
Sec. 330015. Correction of error in amendatory language.
Sec. 330016. Correction of misleading and outmoded fine amounts in
offenses under title 18.
Sec. 330017. Technical corrections to title 31 crimes.
Sec. 330018. Repeal of superfluous statute of limitation and transfer
of child abuse statute of limitation.
Sec. 330019. Technical errors in section 1956.
Sec. 330020. Technical error.
Sec. 330021. Conforming spelling of variants of ``kidnap''.
Sec. 330022. Margin error.
Sec. 330023. Technical corrections relating to section 248 of title 18,
United States Code.
Sec. 330024. Technical amendments necessitated by the enactment of the
Domestic Chemical Diversion Control Act of 1993.
Sec. 330025. Victims of Crime Act.
[[Page 1767]]
TITLE I--PUBLIC SAFETY AND POLICING
SEC. 10001. SHORT TITLE.
This title may be cited as the ``Public Safety Partnership
and Community Policing Act of 1994''.
SEC. 10002. PURPOSES.
The purposes of this title are to--
(1) substantially increase the number of law enforcement
officers interacting directly with members of the community
(``cops on the beat'');
(2) provide additional and more effective training to law
enforcement officers to enhance their problem solving,
service, and other skills needed in interacting with members
of the community;
(3) encourage the development and implementation of
innovative programs to permit members of the community to
assist State, Indian tribal government, and local law
enforcement agencies in the prevention of crime in the
community; and
(4) encourage the development of new technologies to assist
State, Indian tribal government, and local law enforcement
agencies in reorienting the emphasis of their activities from
reacting to crime to preventing crime,
by establishing a program of grants and assistance in
furtherance of these objectives, including the authorization
for a period of 6 years of grants for the hiring and rehiring
of additional career law enforcement officers.
SEC. 10003. COMMUNITY POLICING; ``COPS ON THE BEAT''.
(a) In General.--Title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is
amended--
(1) by redesignating part Q as part R;
(2) by redesignating section 1701 as section 1801; and
(3) by inserting after part P the following new part:
``PART Q--PUBLIC SAFETY AND COMMUNITY POLICING; `COPS ON THE BEAT'
``SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND COMMUNITY
POLICING GRANTS.
``(a) Grant Authorization.--The Attorney General may make
grants to States, units of local government, Indian tribal
governments, other public and private entities, and multi-
jurisdictional or regional consortia thereof to increase
police presence, to expand and improve cooperative efforts
between law enforcement agencies and members of the community
to address crime and disorder problems, and otherwise to
enhance public safety.
``(b) Rehiring, Hiring, and Initial Redeployment Grant
Projects.--
``(1) In general.--Grants made under subsection (a) may be
used for programs, projects, and other activities to--
``(A) rehire law enforcement officers who have been laid
off as a result of State and local budget reductions for
deployment in community-oriented policing;
``(B) hire and train new, additional career law enforcement
officers for deployment in community-oriented policing across
the Nation; and
``(C) procure equipment, technology, or support systems, or
pay overtime, if the applicant for such a grant demonstrates
to the satisfaction of the Attorney General that expenditures
for such purposes would result in an increase in the number
of officers deployed in community-oriented policing equal to
or greater than the increase in the number of officers that
would result from a grant for a like amount for the purposes
specified in subparagraph (A) or (B).
``(2) Grants for equipment, technology, and support
systems.--Grants pursuant to paragraph (1)(C)--
``(A) may not exceed--
``(i) 20 percent of the funds available for grants pursuant
to this subsection in fiscal year 1995;
``(ii) 20 percent of the funds available for grants
pursuant to this subsection in fiscal year 1996; or
``(iii) 10 percent of the funds available for grants
pursuant to this subsection in fiscal years 1997, 1998, 1999,
and 2000; and
``(B) may not be awarded in fiscal years 1998, 1999, or
2000 unless the Attorney General has certified that grants
awarded in fiscal years 1995, 1996, and 1997 pursuant to
subparagraph (1)(C) have resulted in an increase in the
number of officers deployed in community-oriented policing
equal to or greater than the increase in the number of
officers that have resulted from the grants in like amounts
awarded in fiscal years 1995, 1996, and 1997 pursuant to
paragraph (1) (A) and (B).
``(c) Troops-to-Cops Programs.--
``(1) In general.--Grants made under subsection (a) may be
used to hire former members of the Armed Forces to serve as
career law enforcement officers for deployment in community-
oriented policing, particularly in communities that are
adversely affected by a recent military base closing.
``(2) Definition.--In this subsection, `former member of
the Armed Forces' means a member of the Armed Forces of the
United States who is involuntarily separated from the Armed
Forces within the meaning of section 1141 of title 10, United
States Code.
``(d) Additional Grant Projects.--Grants made under
subsection (a) may include programs, projects, and other
activities to--
``(1) increase the number of law enforcement officers
involved in activities that are focused on interaction with
members of the community on proactive crime control and
prevention by redeploying officers to such activities;
``(2) provide specialized training to law enforcement
officers to enhance their conflict resolution, mediation,
problem solving, service, and other skills needed to work in
partnership with members of the community;
``(3) increase police participation in multidisciplinary
early intervention teams;
``(4) develop new technologies to assist State and local
law enforcement agencies in reorienting the emphasis of their
activities from reacting to crime to preventing crime;
``(5) develop and implement innovative programs to permit
members of the community to assist State and local law
enforcement agencies in the prevention of crime in the
community, such as a citizens' police academy, including
programs designed to increase the level of access to the
criminal justice system enjoyed by victims, witnesses, and
ordinary citizens by establishing decentralized satellite
offices (including video facilities) of principal criminal
courts buildings;
``(6) establish innovative programs to reduce, and keep to
a minimum, the amount of time that law enforcement officers
must be away from the community while awaiting court
appearances;
``(7) establish and implement innovative programs to
increase and enhance proactive crime control and prevention
programs involving law enforcement officers and young persons
in the community;
``(8) develop and establish new administrative and
managerial systems to facilitate the adoption of community-
oriented policing as an organization-wide philosophy;
``(9) establish, implement, and coordinate crime prevention
and control programs (involving law enforcement officers
working with community members) with other Federal programs
that serve the community and community members to better
address the comprehensive needs of the community and its
members; and
``(10) support the purchase by a law enforcement agency of
no more than 1 service weapon per officer, upon hiring for
deployment in community-oriented policing or, if necessary,
upon existing officers' initial redeployment to community-
oriented policing.
``(e) Preferential Consideration of Applications for
Certain Grants.--In awarding grants under this part, the
Attorney General may give preferential consideration, where
feasible, to applications for hiring and rehiring additional
career law enforcement officers that involve a non-Federal
contribution exceeding the 25 percent minimum under
subsection (i).
``(f) Technical Assistance.--
``(1) In general.--The Attorney General may provide
technical assistance to States, units of local government,
Indian tribal governments, and to other public and private
entities, in furtherance of the purposes of the Public Safety
Partnership and Community Policing Act of 1994.
``(2) Model.--The technical assistance provided by the
Attorney General may include the development of a flexible
model that will define for State and local governments, and
other public and private entities, definitions and strategies
associated with community or problem-oriented policing and
methodologies for its implementation.
``(3) Training centers and facilities.--The technical
assistance provided by the Attorney General may include the
establishment and operation of training centers or
facilities, either directly or by contracting or cooperative
arrangements. The functions of the centers or facilities
established under this paragraph may include instruction and
seminars for police executives, managers, trainers,
supervisors, and such others as the Attorney General
considers to be appropriate concerning community or problem-
oriented policing and improvements in police-community
interaction and cooperation that further the purposes of the
Public Safety Partnership and Community Policing Act of 1994.
``(g) Utilization of Components.--The Attorney General may
utilize any component or components of the Department of
Justice in carrying out this part.
``(h) Minimum Amount.--Unless all applications submitted by
any State and grantee within the State pursuant to subsection
(a) have been funded, each qualifying State, together with
grantees within the State, shall receive in each fiscal year
pursuant to subsection (a) not less than 0.5 percent of the
total amount appropriated in the fiscal year for grants
pursuant to that subsection. In this subsection, `qualifying
State' means any State which has submitted an application for
a grant, or in which an eligible entity has submitted an
application for a grant, which meets the requirements
prescribed by the Attorney General and the conditions set out
in this part.
``(i) Matching Funds.--The portion of the costs of a
program, project, or activity provided by a grant under
subsection (a) may not exceed 75 percent, unless the Attorney
General waives, wholly or in part, the requirement under this
subsection of a non-Federal contribution to the costs of a
program, project, or activity. In relation to a grant for a
period exceeding 1 year for hiring or rehiring career law
enforcement officers, the Federal share shall decrease from
year to year for up to 5 years, looking toward the
continuation of the increased hiring level using State or
local sources of funding following the conclusion of Federal
support, as provided in an approved plan pursuant to section
1702(c)(8).
``(j) Allocation of Funds.--The funds available under this
part shall be allocated as provided in section
1001(a)(11)(B).
``(k) Termination of Grants for Hiring Officers.--The
authority under subsection
[[Page 1768]]
(a) of this section to make grants for the hiring and
rehiring of additional career law enforcement officers shall
lapse at the conclusion of 6 years from the date of enactment
of this part. Prior to the expiration of this grant
authority, the Attorney General shall submit a report to
Congress concerning the experience with and effects of such
grants. The report may include any recommendations the
Attorney General may have for amendments to this part and
related provisions of law in light of the termination of the
authority to make grants for the hiring and rehiring of
additional career law enforcement officers.
``SEC. 1702. APPLICATIONS.
``(a) In General.--No grant may be made under this part
unless an application has been submitted to, and approved by,
the Attorney General.
``(b) Application.--An application for a grant under this
part shall be submitted in such form, and contain such
information, as the Attorney General may prescribe by
regulation or guidelines.
``(c) Contents.--In accordance with the regulations or
guidelines established by the Attorney General, each
application for a grant under this part shall--
``(1) include a long-term strategy and detailed
implementation plan that reflects consultation with community
groups and appropriate private and public agencies and
reflects consideration of the statewide strategy under
section 503(a)(1);
``(2) demonstrate a specific public safety need;
``(3) explain the applicant's inability to address the need
without Federal assistance;
``(4) identify related governmental and community
initiatives which complement or will be coordinated with the
proposal;
``(5) certify that there has been appropriate coordination
with all affected agencies;
``(6) outline the initial and ongoing level of community
support for implementing the proposal including financial and
in-kind contributions or other tangible commitments;
``(7) specify plans for obtaining necessary support and
continuing the proposed program, project, or activity
following the conclusion of Federal support;
``(8) if the application is for a grant for hiring or
rehiring additional career law enforcement officers, specify
plans for the assumption by the applicant of a progressively
larger share of the cost in the course of time, looking
toward the continuation of the increased hiring level using
State or local sources of funding following the conclusion of
Federal support;
``(9) assess the impact, if any, of the increase in police
resources on other components of the criminal justice system;
``(10) explain how the grant will be utilized to reorient
the affected law enforcement agency's mission toward
community-oriented policing or enhance its involvement in or
commitment to community-oriented policing; and
``(11) provide assurances that the applicant will, to the
extent practicable, seek, recruit, and hire members of racial
and ethnic minority groups and women in order to increase
their ranks within the sworn positions in the law enforcement
agency.
``(d) Special Provisions.--
``(1) Small jurisdictions.--Notwithstanding any other
provision of this part, in relation to applications under
this part of units of local government or law enforcement
agencies having jurisdiction over areas with population of
less than 50,000, the Attorney General may waive 1 or more of
the requirements of subsection (c) and may otherwise make
special provisions to facilitate the expedited submission,
processing, and approval of such applications.
``(2) Small grant amount.--Notwithstanding any other
provision of this part, in relation to applications under
section 1701(d) for grants of less than $1,000,000, the
Attorney General may waive 1 or more of the requirements of
subsection (c) and may otherwise make special provisions to
facilitate the expedited submission, processing, and approval
of such applications.
``SEC. 1703. RENEWAL OF GRANTS.
``(a) In General.--Except for grants made for hiring or
rehiring additional career law enforcement officers, a grant
under this part may be renewed for up to 2 additional years
after the first fiscal year during which a recipient receives
its initial grant, if the Attorney General determines that
the funds made available to the recipient were used in a
manner required under an approved application and if the
recipient can demonstrate significant progress in achieving
the objectives of the initial application.
``(b) Grants for Hiring.--Grants made for hiring or
rehiring additional career law enforcement officers may be
renewed for up to 5 years, subject to the requirements of
subsection (a), but notwithstanding the limitation in that
subsection concerning the number of years for which grants
may be renewed.
``(c) Multiyear Grants.--A grant for a period exceeding 1
year may be renewed as provided in this section, except that
the total duration of such a grant including any renewals may
not exceed 3 years, or 5 years if it is a grant made for
hiring or rehiring additional career law enforcement
officers.
``SEC. 1704. LIMITATION ON USE OF FUNDS.
``(a) Nonsupplanting Requirement.--Funds made available
under this part to States or units of local government shall
not be used to supplant State or local funds, or, in the case
of Indian tribal governments, funds supplied by the Bureau of
Indian Affairs, but shall be used to increase the amount of
funds that would, in the absence of Federal funds received
under this part, be made available from State or local
sources, or in the case of Indian tribal governments, from
funds supplied by the Bureau of Indian Affairs.
``(b) Non-Federal Costs.--
``(1) In general.--States and units of local government may
use assets received through the Assets Forfeiture equitable
sharing program to provide the non-Federal share of the cost
of programs, projects, and activities funded under this part.
``(2) Indian tribal governments.--Funds appropriated by the
Congress for the activities of any agency of an Indian tribal
government or the Bureau of Indian Affairs performing law
enforcement functions on any Indian lands may be used to
provide the non-Federal share of the cost of programs or
projects funded under this part.
``(c) Hiring Costs.--Funding provided under this part for
hiring or rehiring a career law enforcement officer may not
exceed $75,000, unless the Attorney General grants a waiver
from this limitation.
``SEC. 1705. PERFORMANCE EVALUATION.
``(a) Monitoring Components.--Each program, project, or
activity funded under this part shall contain a monitoring
component, developed pursuant to guidelines established by
the Attorney General. The monitoring required by this
subsection shall include systematic identification and
collection of data about activities, accomplishments, and
programs throughout the life of the program, project, or
activity and presentation of such data in a usable form.
``(b) Evaluation Components.--Selected grant recipients
shall be evaluated on the local level or as part of a
national evaluation, pursuant to guidelines established by
the Attorney General. Such evaluations may include
assessments of individual program implementations. In
selected jurisdictions that are able to support outcome
evaluations, the effectiveness of funded programs, projects,
and activities may be required. Outcome measures may include
crime and victimization indicators, quality of life measures,
community perceptions, and police perceptions of their own
work.
``(c) Periodic Review and Reports.--The Attorney General
may require a grant recipient to submit to the Attorney
General the results of the monitoring and evaluations
required under subsections (a) and (b) and such other data
and information as the Attorney General deems reasonably
necessary.
``SEC. 1706. REVOCATION OR SUSPENSION OF FUNDING.
``If the Attorney General determines, as a result of the
reviews required by section 1705, or otherwise, that a grant
recipient under this part is not in substantial compliance
with the terms and requirements of an approved grant
application submitted under section 1702, the Attorney
General may revoke or suspend funding of that grant, in whole
or in part.
``SEC. 1707. ACCESS TO DOCUMENTS.
``(a) By the Attorney General.--The Attorney General shall
have access for the purpose of audit and examination to any
pertinent books, documents, papers, or records of a grant
recipient under this part and to the pertinent books,
documents, papers, or records of State and local governments,
persons, businesses, and other entities that are involved in
programs, projects, or activities for which assistance is
provided under this part.
``(b) By the Comptroller General.--Subsection (a) shall
apply with respect to audits and examinations conducted by
the Comptroller General of the United States or by an
authorized representative of the Comptroller General.
``SEC. 1708. GENERAL REGULATORY AUTHORITY.
``The Attorney General may promulgate regulations and
guidelines to carry out this part.
``SEC. 1709. DEFINITIONS.
``In this part--
`` `career law enforcement officer' means a person hired on a
permanent basis who is authorized by law or by a State or
local public agency to engage in or supervise the prevention,
detection, or investigation of violations of criminal laws.
`` `citizens' police academy' means a program by local law
enforcement agencies or private non profit organizations in
which citizens, especially those who participate in
neighborhood watch programs, are trained in ways of
facilitating communication between the community and local
law enforcement in the prevention of crime.
`` `Indian tribe' means a tribe, band, pueblo, nation, or
other organized group or community of Indians, including an
Alaska Native village (as defined in or established under the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.)), that is recognized as eligible for the special
programs and services provided by the United States to
Indians because of their status as Indians.''.
(b) Technical Amendment.--The table of contents of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711, et seq.) is amended by striking the item
relating to part Q and inserting the following:
``Part Q--Public Safety and Community Policing; `Cops on the Beat'
``Sec. 1701. Authority to make public safety and community policing
grants.
``Sec. 1702. Applications.
``Sec. 1703. Renewal of grants.
[[Page 1769]]
``Sec. 1704. Limitation on use of funds.
``Sec. 1705. Performance evaluation.
``Sec. 1706. Revocation or suspension of funding.
``Sec. 1707. Access to documents.
``Sec. 1708. General regulatory authority.
``Sec. 1709. Definition.
``Part R--Transition; Effective Date; Repealer
``Sec. 1801. Continuation of rules, authorities, and proceedings.''.
(c) Authorization of Appropriations.--Section 1001(a) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3793) is amended--
(1) in paragraph (3) by striking ``and O'' and inserting
``O, P, and Q''; and
(2) by adding at the end the following new paragraph:
``(11)(A) There are authorized to be appropriated to carry
out part Q, to remain available until expended--
``(i) $1,332,000,000 for fiscal year 1995;
``(ii) $1,850,000,000 for fiscal year 1996;
``(iii) $1,950,000,000 for fiscal year 1997;
``(iv) $1,700,000,000 for fiscal year 1998;
``(v) $1,700,000,000 for fiscal year 1999; and
``(vi) $268,000,000 for fiscal year 2000.
``(B) Of funds available under part Q in any fiscal year,
up to 3 percent may be used for technical assistance under
section 1701(f) or for evaluations or studies carried out or
commissioned by the Attorney General in furtherance of the
purposes of part Q. Of the remaining funds, 50 percent shall
be allocated for grants pursuant to applications submitted by
units of local government or law enforcement agencies having
jurisdiction over areas with populations exceeding 150,000 or
by public and private entities that serve areas with
populations exceeding 150,000, and 50 percent shall be
allocated for grants pursuant to applications submitted by
units of local government or law enforcement agencies having
jurisdiction over areas with populations 150,000 or less or
by public and private entities that serve areas with
populations 150,000 or less. Of the funds available in
relation to grants under part Q, at least 85 percent shall be
applied to grants for the purposes specified in section
1701(b), and no more than 15 percent may be applied to other
grants in furtherance of the purposes of part Q. In view of
the extraordinary need for law enforcement assistance in
Indian country, an appropriate amount of funds available
under part Q shall be made available for grants to Indian
tribal governments or tribal law enforcement agencies.''.
TITLE II--PRISONS
Subtitle A--Violent Offender Incarceration and Truth in Sentencing
Incentive Grants
SEC. 20101. GRANTS FOR CORRECTIONAL FACILITIES.
(a) Grant Authorization.--The Attorney General may make
grants to individual States and to States organized as multi-
State compacts to construct, develop, expand, modify,
operate, or improve correctional facilities, including boot
camp facilities and other alternative correctional facilities
that can free conventional prison space for the confinement
of violent offenders, to ensure that prison cell space is
available for the confinement of violent offenders and to
implement truth in sentencing laws for sentencing violent
offenders.
(b) Eligibility.--To be eligible to receive a grant under
this subtitle, a State or States organized as multi-State
compacts shall submit an application to the Attorney General
which includes--
(1) assurances that the State or States have implemented,
or will implement, correctional policies and programs,
including truth in sentencing laws that ensure that violent
offenders serve a substantial portion of the sentences
imposed, that are designed to provide sufficiently severe
punishment for violent offenders, including violent juvenile
offenders, and that the prison time served is appropriately
related to the determination that the inmate is a violent
offender and for a period of time deemed necessary to protect
the public;
(2) assurances that the State or States have implemented
policies that provide for the recognition of the rights and
needs of crime victims;
(3) assurances that funds received under this section will
be used to construct, develop, expand, modify, operate, or
improve correctional facilities to ensure that prison cell
space is available for the confinement of violent offenders;
(4) assurances that the State or States have a
comprehensive correctional plan which represents an
integrated approach to the management and operation of
correctional facilities and programs and which includes
diversion programs, particularly drug diversion programs,
community corrections programs, a prisoner screening and
security classification system, appropriate professional
training for corrections officers in dealing with violent
offenders, prisoner rehabilitation and treatment programs,
prisoner work activities (including, to the extent
practicable, activities relating to the development,
expansion, modification, or improvement of correctional
facilities) and job skills programs, educational programs, a
pre-release prisoner assessment to provide risk reduction
management, post-release assistance, and an assessment of
recidivism rates;
(5) assurances that the State or States have involved
counties and other units of local government, when
appropriate, in the construction, development, expansion,
modification, operation or improvement of correctional
facilities designed to ensure the incarceration of violent
offenders, and that the State or States will share funds
received under this section with counties and other units of
local government, taking into account the burden placed on
these units of government when they are required to confine
sentenced prisoners because of overcrowding in State prison
facilities;
(6) assurances that funds received under this section will
be used to supplement, not supplant, other Federal, State,
and local funds;
(7) assurances that the State or States have implemented,
or will implement within 18 months after the date of the
enactment of this Act, policies to determine the veteran
status of inmates and to ensure that incarcerated veterans
receive the veterans benefits to which they are entitled;
(8) if applicable, documentation of the multi-State compact
agreement that specifies the construction, development,
expansion, modification, operation, or improvement of
correctional facilities; and
(9) if applicable, a description of the eligibility
criteria for prisoner participation in any boot camp that is
to be funded.
(c) Consideration.--The Attorney General, in making such
grants, shall give consideration to the special burden placed
on States which incarcerate a substantial number of inmates
who are in the United States illegally.
SEC. 20102. TRUTH IN SENTENCING INCENTIVE GRANTS.
(a) Truth in Sentencing Grant Program.--Fifty percent of
the total amount of funds appropriated to carry out this
subtitle for each of fiscal years 1995, 1996, 1997, 1998,
1999, and 2000 shall be made available for Truth in
Sentencing Incentive Grants. To be eligible to receive such a
grant, a State must meet the requirements of section 20101(b)
and shall demonstrate that the State--
(1) has in effect laws which require that persons convicted
of violent crimes serve not less than 85 percent of the
sentence imposed; or
(2) since 1993--
(A) has increased the percentage of convicted violent
offenders sentenced to prison;
(B) has increased the average prison time which will be
served in prison by convicted violent offenders sentenced to
prison;
(C) has increased the percentage of sentence which will be
served in prison by violent offenders sentenced to prison;
and
(D) has in effect at the time of application laws requiring
that a person who is convicted of a violent crime shall serve
not less than 85 percent of the sentence imposed if--
(i) the person has been convicted on 1 or more prior
occasions in a court of the United States or of a State of a
violent crime or a serious drug offense; and
(ii) each violent crime or serious drug offense was
committed after the defendant's conviction of the preceding
violent crime or serious drug offense.
(b) Allocation of Truth in Sentencing Incentive Funds.--
(1) Formula allocation.--The amount available to carry out
this section for any fiscal year under subsection (a) shall
be allocated to each eligible State in the ratio that the
number of part 1 violent crimes reported by such State to the
Federal Bureau of Investigation for 1993 bears to the number
of part 1 violent crimes reported by all States to the
Federal Bureau of Investigation for 1993.
(2) Transfer of unused funds.--On September 30 of each of
fiscal years 1996, 1998, 1999, and 2000, the Attorney General
shall transfer to the funds to be allocated under section
20103(b)(1) any funds made available to carry out this
section that are not allocated to an eligible State under
paragraph (1).
SEC. 20103. VIOLENT OFFENDER INCARCERATION GRANTS.
(a) Violent Offender Incarceration Grant Program.--Fifty
percent of the total amount of funds appropriated to carry
out this subtitle for each of fiscal years 1995, 1996, 1997,
1998, 1999, and 2000 shall be made available for Violent
Offender Incarceration Grants. To be eligible to receive such
a grant, a State or States must meet the requirements of
section 20101(b).
(b) Allocation of Violent Offender Incarceration Funds.--
(1) Formula allocation.--Eighty-five percent of the sum of
the amount available for Violent Offender Incarceration
Grants for any fiscal year under subsection (a) and any
amount transferred under section 20102(b)(2) for that fiscal
year shall be allocated as follows:
(A) 0.25 percent shall be allocated to each eligible State
except that the United States Virgin Islands, American Samoa,
Guam and the Northern Mariana Islands each shall be allocated
0.05 percent.
(B) The amount remaining after application of subparagraph
(A) shall be allocated to each eligible State in the ratio
that the number of part 1 violent crimes reported by such
State to the Federal Bureau of Investigation for 1993 bears
to the number of part 1 violent crimes reported by all States
to the Federal Bureau of Investigation for 1993.
(2) Discretionary allocation.--Fifteen percent of the sum
of the amount available for Violent Offender Incarceration
Grants for any fiscal year under subsection (a) and any
amount transferred under section 20103(b)(3) for that fiscal
year shall be allocated at the discretion of the Attorney
General to States that have demonstrated the greatest need
for such grants and the ability to best utilize the funds to
meet the objectives of the grant
[[Page 1770]]
program and ensure that prison cell space is available for
the confinement of violent offenders.
(3) Transfer of unused formula funds.--On September 30 of
each of fiscal years 1996, 1997, 1998, 1999, and 2000, the
Attorney General shall transfer to the discretionary program
under paragraph (2) any funds made available for allocation
under paragraph (1) that are not allocated to an eligible
State under paragraph (1).
SEC. 20104. MATCHING REQUIREMENT.
The Federal share of a grant received under this subtitle
may not exceed 75 percent of the costs of a proposal
described in an application approved under this subtitle.
SEC. 20105. RULES AND REGULATIONS.
(a) The Attorney General shall issue rules and regulations
regarding the uses of grant funds received under this
subtitle not later than 90 days after the date of enactment
of this Act.
(b) If data regarding part 1 violent crimes in any State
for 1993 is unavailable or substantially inaccurate, the
Attorney General shall utilize the best available comparable
data regarding the number of violent crimes for 1993 for that
State for the purposes of allocation of any funds under this
subtitle.
SEC. 20106. TECHNICAL ASSISTANCE AND TRAINING.
The Attorney General may request that the Director of the
National Institute of Corrections and the Director of the
Federal Bureau of Prisons provide technical assistance and
training to a State or States that receive a grant under this
subtitle to achieve the purposes of this subtitle.
SEC. 20107. EVALUATION.
The Attorney General may request the Director of the
National Institute of Corrections to assist with an
evaluation of programs established with funds under this
subtitle.
SEC. 20108. DEFINITIONS.
In this subtitle--
``boot camp'' means a correctional program of not more than
6 months' incarceration involving--
(A) assignment for participation in the program, in
conformity with State law, by prisoners other than prisoners
who have been convicted at any time of a violent felony;
(B) adherence by inmates to a highly regimented schedule
that involves strict discipline, physical training, and work;
(C) participation by inmates in appropriate education, job
training, and substance abuse counseling or treatment; and
(D) post-incarceration aftercare services for participants
that are coordinated with the program carried out during the
period of imprisonment.
``part 1 violent crimes'' means murder and non-negligent
manslaughter, forcible rape, robbery, and aggravated assault
as reported to the Federal Bureau of Investigation for
purposes of the Uniform Crime Reports.
``State'' or ``States'' means a State, the District of
Columbia, the Commonwealth of Puerto Rico, the United States
Virgin Islands, American Samoa, Guam, and the Northern
Mariana Islands.
SEC. 20109. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subtitle--
(1) $175,000,000 for fiscal year 1995;
(2) $750,000,000 for fiscal year 1996;
(3) $1,000,000,000 for fiscal year 1997;
(4) $1,900,000,000 for fiscal year 1998;
(5) $2,000,000,000 for fiscal year 1999; and
(6) $2,070,000,000 for fiscal year 2000.
Subtitle B--Punishment for Young Offenders
SEC. 20201. CERTAIN PUNISHMENT FOR YOUNG OFFENDERS.
(a) In General.--Title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended
by section 10003(a), is amended--
(1) by redesignating part R as part S;
(2) by redesignating section 1801 as section 1901; and
(3) by inserting after part Q the following new part:
``PART R--CERTAIN PUNISHMENT FOR YOUNG OFFENDERS
``SEC. 1801. GRANT AUTHORIZATION.
``(a) In General.--The Attorney General may make grants
under this part to States, for the use by States and units of
local government, for the purpose of developing alternative
methods of punishment for young offenders to traditional
forms of incarceration and probation.
``(b) Alternative Methods.--The alternative methods of
punishment referred to in subsection (a) should ensure
certain punishment for young offenders and promote reduced
recidivism, crime prevention, and assistance to victims,
particularly for young offenders who can be punished more
effectively in an environment other than a traditional
correctional facility, including--
``(1) alternative sanctions that create accountability and
certain punishment for young offenders;
``(2) restitution programs for young offenders;
``(3) innovative projects, such as projects consisting of
education and job training activities for incarcerated young
offenders, modeled, to the extent practicable, after
activities carried out under part B of title IV of the Job
Training Partnership Act (relating to Job Corps) (29 U.S.C.
1691 et seq.) and projects that provide family counseling;
``(4) correctional options, such as community-based
incarceration, weekend incarceration, and electronic
monitoring of offenders;
``(5) community service programs that provide work service
placement for young offenders at non-profit, private
organizations and community organizations;
``(6) innovative methods that address the problems of young
offenders convicted of serious substance abuse (including
alcohol abuse) and gang-related offenses; and
``(7) adequate and appropriate after care programs for
young offenders, such as substance abuse treatment, education
programs, vocational training, job placement counseling,
family counseling and other support programs upon release.
``SEC. 1802. STATE APPLICATIONS.
``(a) In General.--
``(1) Submission of application.--To request a grant under
this part, the chief executive of a State shall submit an
application to the Attorney General in such form and
containing such information as the Attorney General may
reasonably require.
``(2) Assurances.--An application under paragraph (1) shall
include assurances that Federal funds received under this
part shall be used to supplement, not supplant, non-Federal
funds that would otherwise be available for activities funded
under this part.
``(b) State Office.--The office designated under section
507--
``(1) shall prepare the application as required under
subsection (a); and
``(2) shall administer grant funds received under this
part, including review of spending, processing, progress,
financial reporting, technical assistance, grant adjustments,
accounting, auditing, and fund disbursement.
``SEC. 1803. REVIEW OF STATE APPLICATIONS.
``(a) In General.--The Attorney General shall make a grant
under section 1801(a) to carry out the projects described in
the application submitted by such applicant under section
1802 upon determining that--
``(1) the application is consistent with the requirements
of this part; and
``(2) before the approval of the application, the Attorney
General has made an affirmative finding in writing that the
proposed project has been reviewed in accordance with this
part.
``(b) Approval.--Each application submitted under section
1802 shall be considered approved, in whole or in part, by
the Attorney General not later than 45 days after first
received unless the Attorney General informs the applicant of
specific reasons for disapproval.
``(c) Restriction.--Grant funds received under this part
shall not be used for land acquisition or construction
projects, other than alternative facilities described in
section 1801(b).
``(d) Disapproval Notice and Reconsideration.--The Attorney
General shall not disapprove any application without first
affording the applicant reasonable notice and an opportunity
for reconsideration.
``SEC. 1804. LOCAL APPLICATIONS.
``(a) In General.--
``(1) Submission of application.--To request funds under
this part from a State, the chief executive of a unit of
local government shall submit an application to the office
designated under section 1802(b).
``(2) Approval.--An application under paragraph (1) shall
be considered to have been approved, in whole or in part, by
the State not later than 45 days after such application is
first received unless the State informs the applicant in
writing of specific reasons for disapproval.
``(3) Disapproval.--The State shall not disapprove any
application submitted to the State without first affording
the applicant reasonable notice and an opportunity for
reconsideration.
``(4) Effect of approval.--If an application under
subsection (a) is approved, the unit of local government is
eligible to receive funds under this part.
``(b) Distribution to Units of Local Government.--A State
that receives funds under section 1801 in a fiscal year shall
make such funds available to units of local government with
an application that has been submitted and approved by the
State within 45 days after the Attorney General has approved
the application submitted by the State and has made funds
available to the State. The Attorney General may waive the
45-day requirement in this section upon a finding that the
State is unable to satisfy such requirement under State
statutes.
``SEC. 1805. ALLOCATION AND DISTRIBUTION OF FUNDS.
``(a) State Distribution.--Of the total amount appropriated
under this part in any fiscal year--
``(1) 0.4 percent shall be allocated to each of the
participating States; and
``(2) of the total funds remaining after the allocation
under paragraph (1), there shall be allocated to each of the
participating States an amount which bears the same ratio to
the amount of remaining funds described in this paragraph as
the number of young offenders of such State bears to the
number of young offenders in all the participating States.
``(b) Local Distribution.--
``(1) In general.--A State that receives funds under this
part in a fiscal year shall distribute to units of local
government in such State for the purposes specified under
section 1801 that portion of such funds which bears the same
ratio to the aggregate amount of such funds as the amount of
funds expended by all units of local government for
correctional programs in the preceding fiscal year bears to
the aggregate amount of funds expended by the State and all
units of local government in such State for correctional
programs in such preceding fiscal year.
``(2) Undistributed funds.--Any funds not distributed to
units of local government
[[Page 1771]]
under paragraph (1) shall be available for expenditure by
such State for purposes specified under section 1801.
``(3) Unused funds.-- If the Attorney General determines,
on the basis of information available during any fiscal year,
that a portion of the funds allocated to a State for such
fiscal year will not be used by such State or that a State is
not eligible to receive funds under section 1801, the
Attorney General shall award such funds to units of local
government in such State giving priority to the units of
local government that the Attorney General considers to have
the greatest need.
``(c) General Requirement.--Notwithstanding subsections (a)
and (b), not less than two-thirds of funds received by a
State under this part shall be distributed to units of local
government unless the State applies for and receives a waiver
from the Attorney General.
``(d) Federal Share.--The Federal share of a grant made
under this part may not exceed 75 percent of the total costs
of the projects described in the application submitted under
section 1802(a) for the fiscal year for which the projects
receive assistance under this part.
``(e) Consideration.--Notwithstanding subsections (a) and
(b), in awarding grants under this part, the Attorney General
shall consider as a factor whether a State has in effect
throughout such State a law or policy that requires that a
juvenile who is in possession of a firearm or other weapon on
school property or convicted of a crime involving the use of
a firearm or weapon on school property--
``(1) be suspended from school for a reasonable period of
time; and
``(2) lose driving license privileges for a reasonable
period of time.
``(f) Definition.--For purposes of this part, `juvenile'
means a person 18 years of age or younger.
``SEC. 1806. EVALUATION.
``(a) In General.--
``(1) Submission to the director.--Each State and unit of
local government that receives a grant under this part shall
submit to the Attorney General an evaluation not later than
March 1 of each year in accordance with guidelines issued by
the Attorney General. Such evaluation shall include an
appraisal by representatives of the community of the programs
funded by the grant.
``(2) Waiver.--The Attorney General may waive the
requirement specified in paragraph (1) if the Attorney
General determines that such evaluation is not warranted in
the case of the State or unit of local government involved.
``(b) Distribution.--The Attorney General shall make
available to the public on a timely basis evaluations
received under subsection (a).
``(c) Administrative Costs.--A State or unit of local
government may use not more than 5 percent of funds it
receives under this part to develop an evaluation program
under this section.''.
(b) Technical Amendment.--The table of contents of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.), as amended by section 10003(a), is
amended by striking the matter relating to part R and
inserting the following:
``Part R--Certain Punishments for Young Offenders
``Sec. 1801. Grant authorization.
``Sec. 1802. State applications.
``Sec. 1803. Review of State applications.
``Sec. 1804. Local applications.
``Sec. 1805. Allocation and distribution of funds.
``Sec. 1806. Evaluation.
``Part S--Transition--Effective Date--Repealer
``Sec. 1901. Continuation of rules, authorities, and proceedings.''.
(c) Definition.--Section 901(a) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3791(a)), is
amended--
(1) by adding a semicolon at the end of paragraph (21);
(2) by striking ``and'' at the end of paragraph (22);
(3) by striking the period at the end of paragraph (23) and
inserting a semicolon; and
(4) by adding after paragraph (23) the following:
``(24) the term `young offender' means a non-violent first-
time offender or a non-violent offender with a minor criminal
record who is 22 years of age or younger (including
juveniles).''.
(d) Authorization of Appropriations.--Section 1001(a) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3793), as amended by section 10003(c), is
amended--
(1) in paragraph (3) by striking ``and Q'' and inserting
``Q, or R''; and
(2) by adding at the end the following new paragraph:
``(16) There are authorized to be appropriated to carry out
projects under part R--
``(A) $20,000,000 for fiscal year 1996;
``(B) $25,000,000 for fiscal year 1997;
``(C) $30,000,000 for fiscal year 1998;
``(D) $35,000,000 for fiscal year 1999; and
``(E) $40,000,000 for fiscal year 2000.''.
Subtitle C--Alien Incarceration
SEC. 20301. INCARCERATION OF UNDOCUMENTED CRIMINAL ALIENS.
(a) Incarceration.--Section 242 of the Immigration and
Nationality Act (8 U.S.C. 1252) is amended by adding at the
end the following new subsection:
``(j) Incarceration.--
``(1) If the chief executive officer of a State (or, if
appropriate, a political subdivision of the State) exercising
authority with respect to the incarceration of an
undocumented criminal alien submits a written request to the
Attorney General, the Attorney General shall, as determined
by the Attorney General--
``(A) enter into a contractual arrangement which provides
for compensation to the State or a political subdivision of
the State, as may be appropriate, with respect to the
incarceration of the undocumented criminal alien; or
``(B) take the undocumented criminal alien into the custody
of the Federal Government and incarcerate the alien.
``(2) Compensation under paragraph (1)(A) shall be the
average cost of incarceration of a prisoner in the relevant
State as determined by the Attorney General.
``(3) For purposes of this subsection, the term
`undocumented criminal alien' means an alien who--
``(A) has been convicted of a felony and sentenced to a
term of imprisonment; and
``(B)(i) entered the United States without inspection or at
any time or place other than as designated by the Attorney
General;
``(ii) was the subject of exclusion or deportation
proceedings at the time he or she was taken into custody by
the State or a political subdivision of the State; or
``(iii) was admitted as a nonimmigrant and at the time he
or she was taken into custody by the State or a political
subdivision of the State has failed to maintain the
nonimmigrant status in which the alien was admitted or to
which it was changed under section 248, or to comply with the
conditions of any such status.
``(4)(A) In carrying out paragraph (1), the Attorney
General shall give priority to the Federal incarceration of
undocumented criminal aliens who have committed aggravated
felonies.
``(B) The Attorney General shall ensure that undocumented
criminal aliens incarcerated in Federal facilities pursuant
to this subsection are held in facilities which provide a
level of security appropriate to the crimes for which they
were convicted.
``(5) There are authorized to be appropriated such sums as
may be necessary to carry out this subsection, of which the
following amounts may be appropriated from the Violent Crime
Reduction Trust Fund:
``(A) $130,000,000 for fiscal year 1995;
``(B) $300,000,000 for fiscal year 1996;
``(C) $330,000,000 for fiscal year 1997;
``(D) $350,000,000 for fiscal year 1998;
``(E) $350,000,000 for fiscal year 1999; and
``(F) $340,000,000 for fiscal year 2000.''
(b) Effective Date.--The amendment made by subsection (a)
shall take effect October 1, 1994.
(c) Termination of Limitation.--Notwithstanding section
242(j)(5) of the Immigration and Nationality Act, as added by
subsection (a), the requirements of section 242(j) of the
Immigration and Nationality Act, as added by subsection (a),
shall not be subject to the availability of appropriations on
and after October 1, 2004.
Subtitle D--Miscellaneous Provisions
SEC. 20401. PRISONER'S PLACE OF IMPRISONMENT.
Paragraph (b) of section 3621 of title 18, United States
Code, is amended by inserting after subsection (5) the
following: ``In designating the place of imprisonment or
making transfers under this subsection, there shall be no
favoritism given to prisoners of high social or economic
status.''.
SEC. 20402. PRISON IMPACT ASSESSMENTS.
(a) In General.--Chapter 303 of title 18, United States
Code, is amended by adding at the end the following new
section:
``Sec. 4047. Prison impact assessments
``(a) Any submission of legislation by the Judicial or
Executive branch which could increase or decrease the number
of persons incarcerated in Federal penal institutions shall
be accompanied by a prison impact statement (as defined in
subsection (b)).
``(b) The Attorney General shall, in consultation with the
Sentencing Commission and the Administrative Office of the
United States Courts, prepare and furnish prison impact
assessments under subsection (c) of this section, and in
response to requests from Congress for information relating
to a pending measure or matter that might affect the number
of defendants processed through the Federal criminal justice
system. A prison impact assessment on pending legislation
must be supplied within 21 days of any request. A prison
impact assessment shall include--
``(1) projections of the impact on prison, probation, and
post prison supervision populations;
``(2) an estimate of the fiscal impact of such population
changes on Federal expenditures, including those for
construction and operation of correctional facilities for the
current fiscal year and 5 succeeding fiscal years;
``(3) an analysis of any other significant factor affecting
the cost of the measure and its impact on the operations of
components of the criminal justice system; and
``(4) a statement of the methodologies and assumptions
utilized in preparing the assessment.
``(c) The Attorney General shall prepare and transmit to
the Congress, by March 1 of each year, a prison impact
assessment reflecting the cumulative effect of all relevant
changes in the law taking effect during the preceding
calendar year.''.
[[Page 1772]]
(b) Technical Amendment.--The chapter analysis for chapter
303 is amended by adding at the end the following new item:
``4047. Prison impact assessments.''.
SEC. 20403. SENTENCES TO ACCOUNT FOR COSTS TO THE GOVERNMENT
OF IMPRISONMENT, RELEASE, AND PROBATION.
(a) Imposition of Sentence.--Section 3572(a) of title 18,
United States Code, is amended--
(1) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(2) by inserting after paragraph (5) the following new
paragraph:
``(6) the expected costs to the government of any
imprisonment, supervised release, or probation component of
the sentence;''.
(b) Duties of the Sentencing Commission.--Section 994 of
title 28, United States Code, is amended by adding at the end
the following new subsection:
``(y) The Commission, in promulgating guidelines pursuant
to subsection (a)(1), may include, as a component of a fine,
the expected costs to the Government of any imprisonment,
supervised release, or probation sentence that is ordered.''.
SEC. 20404. APPLICATION TO PRISONERS TO WHICH PRIOR LAW
APPLIES.
In the case of a prisoner convicted of an offense committed
prior to November 1, 1987, the reference to supervised
release in section 4042(b) of title 18, United States Code,
shall be deemed to be a reference to probation or parole.
SEC. 20405. CREDITING OF ``GOOD TIME''.
Section 3624 of title 18, United States Code, is amended--
(1) by striking ``he'' each place it appears and inserting
``the prisoner'';
(2) by striking ``his'' each place it appears and inserting
``the prisoner's'';
(3) in subsection (d) by striking ``him'' and inserting
``the prisoner''; and
(4) in subsection (b)--
(A) in the first sentence by inserting ``(other than a
prisoner serving a sentence for a crime of violence)'' after
``A prisoner''; and
(B) by inserting after the first sentence the following:
``A prisoner who is serving a term of imprisonment of more
than 1 year for a crime of violence, other than a term of
imprisonment for the duration of the prisoner's life, may
receive credit toward the service of the prisoner's sentence,
beyond the time served, of up to 54 days at the end of each
year of the prisoner's term of imprisonment, beginning at the
end of the first year of the term, subject to determination
by the Bureau of Prisons that, during that year, the prisoner
has displayed exemplary compliance with such institutional
disciplinary regulations.''.
SEC. 20406. TASK FORCE ON PRISON CONSTRUCTION STANDARDIZATION
AND TECHNIQUES.
(a) Task Force.--The Director of the National Institute of
Corrections shall, subject to availability of appropriations,
establish a task force composed of Federal, State, and local
officials expert in prison construction, and of at least an
equal number of engineers, architects, and construction
experts from the private sector with expertise in prison
design and construction, including the use of cost-cutting
construction standardization techniques and cost-cutting new
building materials and technologies.
(b) Cooperation.--The task force shall work in close
cooperation and communication with other State and local
officials responsible for prison construction in their
localities.
(c) Performance Requirements.--The task force shall work
to--
(1) establish and recommend standardized construction plans
and techniques for prison and prison component construction;
and
(2) evaluate and recommend new construction technologies,
techniques, and materials,
to reduce prison construction costs at the Federal, State,
and local levels and make such construction more efficient.
(d) Dissemination.--The task force shall disseminate
information described in subsection (c) to State and local
officials involved in prison construction, through written
reports and meetings.
(e) Promotion and Evaluation.--The task force shall--
(1) work to promote the implementation of cost-saving
efforts at the Federal, State, and local levels;
(2) evaluate and advise on the results and effectiveness of
such cost-saving efforts as adopted, broadly disseminating
information on the results; and
(3) to the extent feasible, certify the effectiveness of
the cost-savings efforts.
SEC. 20407. EFFICIENCY IN LAW ENFORCEMENT AND CORRECTIONS.
(a) In General.--In the administration of each grant
program funded by appropriations authorized by this Act or by
an amendment made by this Act, the Attorney General shall
encourage--
(1) innovative methods for the low-cost construction of
facilities to be constructed, converted, or expanded and the
low-cost operation of such facilities and the reduction of
administrative costs and overhead expenses; and
(2) the use of surplus Federal property.
(b) Assessment of Construction Components and Designs.--The
Attorney General may make an assessment of the cost
efficiency and utility of using modular, prefabricated,
precast, and pre-engineered construction components and
designs for housing nonviolent criminals.
SEC. 20408. AMENDMENTS TO THE DEPARTMENT OF EDUCATION
ORGANIZATION ACT AND THE NATIONAL LITERACY ACT
OF 1991.
(a) Technical Amendment.--The matter preceding paragraph
(1) of section 214(d) of the Department of Education
Organization Act (20 U.S.C. 3423a(d)) is amended by striking
``under subsection (a)'' and inserting ``under subsection
(c)''.
(b) Establishment of a Panel and Use of Funds.--Section 601
of the National Literacy Act of 1991 (20 U.S.C. 1211-2) is
amended--
(1) by redesignating subsection (g) as subsection (i); and
(2) by inserting after subsection (f) the following new
subsections:
``(g) Panel.--The Secretary is authorized to consult with
and convene a panel of experts in correctional education,
including program administrators and field-based
professionals in adult corrections, juvenile services, jails,
and community corrections programs, to--
``(1) develop measures for evaluating the effectiveness of
the programs funded under this section; and
``(2) evaluate the effectiveness of such programs.
``(h) Use of Funds.--Notwithstanding any other provision of
law, the Secretary may use not more than five percent of
funds appropriated under subsection (i) in any fiscal year to
carry out grant-related activities such as monitoring,
technical assistance, and replication and dissemination.''.
SEC. 20409. APPROPRIATE REMEDIES FOR PRISON OVERCROWDING.
(a) Amendment of Title 18, United States Code.--Subchapter
C of chapter 229 of part 2 of title 18, United States Code,
is amended by adding at the end the following new section:
``Sec. 3626. Appropriate remedies with respect to prison
crowding
``(a) Requirement of Showing With Respect to the Plaintiff
in Particular.--
``(1) Holding.--A Federal court shall not hold prison or
jail crowding unconstitutional under the eighth amendment
except to the extent that an individual plaintiff inmate
proves that the crowding causes the infliction of cruel and
unusual punishment of that inmate.
``(2) Relief.--The relief in a case described in paragraph
(1) shall extend no further than necessary to remove the
conditions that are causing the cruel and unusual punishment
of the plaintiff inmate.
``(b) Inmate Population Ceilings.--
``(1) Requirement of showing with respect to particular
prisoners.--A Federal court shall not place a ceiling on the
inmate population of any Federal, State, or local detention
facility as an equitable remedial measure for conditions that
violate the eighth amendment unless crowding is inflicting
cruel and unusual punishment on particular identified
prisoners.
``(2) Rule of construction.--Paragraph (1) shall not be
construed to have any effect on Federal judicial power to
issue equitable relief other than that described in paragraph
(1), including the requirement of improved medical or health
care and the imposition of civil contempt fines or damages,
where such relief is appropriate.
``(c) Periodic Reopening.--Each Federal court order or
consent decree seeking to remedy an eighth amendment
violation shall be reopened at the behest of a defendant for
recommended modification at a minimum of 2-year intervals.''.
(b) Application of Amendment.--Section 3626 of title 18,
United States Code, as added by paragraph (1), shall apply to
all outstanding court orders on the date of enactment of this
Act. Any State or municipality shall be entitled to seek
modification of any outstanding eighth amendment decree
pursuant to that section.
(c) Technical Amendment.--The subchapter analysis for
subchapter C of chapter 229 of title 18, United States Code,
is amended by adding at the end the following new item:
``3626. Appropriate remedies with respect to prison crowding.''.
(d) Sunset Provision.--This section and the amendments made
by this section are repealed effective as of the date that is
5 years after the date of enactment of this Act.
SEC. 20410. CONGRESSIONAL APPROVAL OF ANY EXPANSION AT LORTON
AND CONGRESSIONAL HEARINGS ON FUTURE NEEDS.
(a) Congressional Approval.--Notwithstanding any other
provision of law, the existing prison facilities and complex
at the District of Columbia Corrections Facility at Lorton,
Virginia, shall not be expanded unless such expansion has
been approved by the Congress under the authority provided to
Congress in section 446 of the District of Columbia Self-
Government and Governmental Reorganization Act.
(b) Senate Hearings.--The Senate directs the Subcommittee
on the District of Columbia of the Committee on
Appropriations of the Senate to conduct hearings regarding
expansion of the prison complex in Lorton, Virginia, prior to
any approval granted pursuant to subsection (a). The
subcommittee shall permit interested parties, including
appropriate officials from the County of Fairfax, Virginia,
to testify at such hearings.
(c) Definition.--For purposes of this section, the terms
``expanded'' and ``expansion'' mean any alteration of the
physical structure of the prison complex that is made to
increase the number of inmates incarcerated at the prison.
[[Page 1773]]
SEC. 20411. AWARDS OF PELL GRANTS TO PRISONERS PROHIBITED.
(a) In General.--Section 401(b)(8) of the Higher Education
Act of 1965 (20 U.S.C. 1070a(b)(8)) is amended to read as
follows:
``(8) No basic grant shall be awarded under this subpart to
any individual who is incarcerated in any Federal or State
penal institution.''.
(b) Application of Amendment.--The amendment made by this
section shall apply with respect to periods of enrollment
beginning on or after the date of enactment of this Act.
SEC. 20412. EDUCATION REQUIREMENT FOR EARLY RELEASE.
Section 3624(b) of title 18, United States Code, is
amended--
(1) by inserting ``(1)'' after ``behavior.--'';
(2) by striking ``Such credit toward service of sentence
vests at the time that it is received. Credit that has vested
may not later be withdrawn, and credit that has not been
earned may not later be granted.'' and inserting ``Credit
that has not been earned may not later be granted.''; and
(3) by adding at the end the following:
``(2) Credit toward a prisoner's service of sentence shall
not be vested unless the prisoner has earned or is making
satisfactory progress toward a high school diploma or an
equivalent degree.
``(3) The Attorney General shall ensure that the Bureau of
Prisons has in effect an optional General Educational
Development program for inmates who have not earned a high
school diploma or its equivalent.
``(4) Exemptions to the General Educational Development
requirement may be made as deemed appropriate by the Director
of the Federal Bureau of Prisons.''.
SEC. 20413. CONVERSION OF CLOSED MILITARY INSTALLATIONS INTO
FEDERAL PRISON FACILITIES.
(a) Study of Suitable Bases.--The Secretary of Defense and
the Attorney General shall jointly conduct a study of all
military installations selected before the date of enactment
of this Act to be closed pursuant to a base closure law for
the purpose of evaluating the suitability of any of these
installations, or portions of these installations, for
conversion into Federal prison facilities. As part of the
study, the Secretary and the Attorney General shall identify
the military installations so evaluated that are most
suitable for conversion into Federal prison facilities.
(b) Suitability for Conversion.--In evaluating the
suitability of a military installation for conversion into a
Federal prison facility, the Secretary of Defense and the
Attorney General shall consider the estimated cost to convert
the installation into a prison facility and such other
factors as the Secretary and the Attorney General consider to
be appropriate.
(c) Time for Study.--The study required by subsection (a)
shall be completed not later than the date that is 180 days
after the date of enactment of this Act.
(d) Construction of Federal Prisons.--
(1) In general.--In determining where to locate any new
Federal prison facility, and in accordance with the
Department of Justice's duty to review and identify a use for
any portion of an installation closed pursuant to title II of
the Defense Authorization Amendments and Base Closure and
Realignment Act (Public Law 100-526) and the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510), the Attorney General shall--
(A) consider whether using any portion of a military
installation closed or scheduled to be closed in the region
pursuant to a base closure law provides a cost-effective
alternative to the purchase of real property or construction
of new prison facilities;
(B) consider whether such use is consistent with a
reutilization and redevelopment plan; and
(C) give consideration to any installation located in a
rural area the closure of which will have a substantial
adverse impact on the economy of the local communities and on
the ability of the communities to sustain an economic
recovery from such closure.
(2) Consent.--With regard to paragraph (1)(B), consent must
be obtained from the local re-use authority for the military
installation, recognized and funded by the Secretary of
Defense, before the Attorney General may proceed with plans
for the design or construction of a prison at the
installation.
(3) Report on basis of decision.--Before proceeding with
plans for the design or construction of a Federal prison, the
Attorney General shall submit to Congress a report explaining
the basis of the decision on where to locate the new prison
facility.
(4) Report on cost-effectiveness.--If the Attorney General
decides not to utilize any portion of a closed military
installation or an installation scheduled to be closed for
locating a prison, the report shall include an analysis of
why installations in the region, the use of which as a prison
would be consistent with a reutilization and redevelopment
plan, does not provide a cost-effective alternative to the
purchase of real property or construction of new prison
facilities.
(e) Definition.--In this section, ``base closure law''
means--
(1) the Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note); and
(2) title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note).
SEC. 20414. POST-CONVICTION RELEASE DRUG TESTING--FEDERAL
OFFENDERS.
(a) Drug Testing Program.--
(1) In general.--Subchapter A of chapter 229 of title 18,
United States Code, is amended by adding at the end the
following new section:
``Sec. 3608. Drug testing of Federal offenders on post-
conviction release
``The Director of the Administrative Office of the United
States Courts, in consultation with the Attorney General and
the Secretary of Health and Human Services, shall, subject to
the availability of appropriations, establish a program of
drug testing of Federal offenders on post-conviction release.
The program shall include such standards and guidelines as
the Director may determine necessary to ensure the
reliability and accuracy of the drug testing programs. In
each judicial district the chief probation officer shall
arrange for the drug testing of defendants on post-conviction
release pursuant to a conviction for a felony or other
offense described in section 3563(a)(4).''.
(2) Technical amendment.--The subchapter analysis for
subchapter A of chapter 229 of title 18, United States Code,
is amended by adding at the end the following new item:
``3608. Drug testing of Federal offenders on post-conviction
release.''.
(b) Conditions of Probation.--Section 3563(a) of title 18,
United States Code, is amended--
(1) in paragraph (2) by striking ``and'' after the
semicolon;
(2) in paragraph (3) by striking the period and inserting
``; and'';
(3) by adding at the end the following new paragraph:
``(4) for a felony, a misdemeanor, or an infraction, that
the defendant refrain from any unlawful use of a controlled
substance and submit to one drug test within 15 days of
release on probation and at least 2 periodic drug tests
thereafter (as determined by the court) for use of a
controlled substance, but the condition stated in this
paragraph may be ameliorated or suspended by the court for
any individual defendant if the defendant's presentence
report or other reliable sentencing information indicates a
low risk of future substance abuse by the defendant.''; and
(4) by adding at the end the following: ``The results of a
drug test administered in accordance with paragraph (4) shall
be subject to confirmation only if the results are positive,
the defendant is subject to possible imprisonment for such
failure, and either the defendant denies the accuracy of such
test or there is some other reason to question the results of
the test. A defendant who tests positive may be detained
pending verification of a positive drug test result. A drug
test confirmation shall be a urine drug test confirmed using
gas chromatography/mass spectrometry techniques or such test
as the Director of the Administrative Office of the United
States Courts after consultation with the Secretary of Health
and Human Services may determine to be of equivalent
accuracy. The court shall consider whether the availability
of appropriate substance abuse treatment programs, or an
individual's current or past participation in such programs,
warrants an exception in accordance with United States
Sentencing Commission guidelines from the rule of section
3565(b), when considering any action against a defendant who
fails a drug test administered in accordance with paragraph
(4).''.
(c) Conditions of Supervised Release.--Section 3583(d) of
title 18, United States Code, is amended by inserting after
the first sentence the following: ``The court shall also
order, as an explicit condition of supervised release, that
the defendant refrain from any unlawful use of a controlled
substance and submit to a drug test within 15 days of release
on supervised release and at least 2 periodic drug tests
thereafter (as determined by the court) for use of a
controlled substance. The condition stated in the preceding
sentence may be ameliorated or suspended by the court as
provided in section 3563(a)(4). The results of a drug test
administered in accordance with the preceding subsection
shall be subject to confirmation only if the results are
positive, the defendant is subject to possible imprisonment
for such failure, and either the defendant denies the
accuracy of such test or there is some other reason to
question the results of the test. A drug test confirmation
shall be a urine drug test confirmed using gas
chromatography/mass spectrometry techniques or such test as
the Director of the Administrative Office of the United
States Courts after consultation with the Secretary of Health
and Human Services may determine to be of equivalent
accuracy. The court shall consider whether the availability
of appropriate substance abuse treatment programs, or an
individual's current or past participation in such programs,
warrants an exception in accordance with United States
Sentencing Commission guidelines from the rule of section
3583(g) when considering any action against a defendant who
fails a drug test.''.
(d) Conditions of Parole.--Section 4209(a) of title 18,
United States Code, is amended by inserting after the first
sentence the following: ``In every case, the Commission shall
also impose as a condition of parole that the parolee pass a
drug test prior to release and refrain from any unlawful use
of a controlled substance and submit to at least 2 periodic
drug tests (as determined by the Commission) for use of a
controlled substance. The condition stated in the preceding
sentence may be ameliorated or suspended by the Commission
for any individual parolee if it determines that there is
good cause for doing
[[Page 1774]]
so. The results of a drug test administered in accordance
with the provisions of the preceding sentence shall be
subject to confirmation only if the results are positive, the
defendant is subject to possible imprisonment for such
failure, and either the defendant denies the accuracy of such
test or there is some other reason to question the results of
the test. A drug test confirmation shall be a urine drug test
confirmed using gas chromatography/mass spectrometry
techniques or such test as the Director of the Administrative
Office of the United States Courts after consultation with
the Secretary of Health and Human Services may determine to
be of equivalent accuracy. The Commission shall consider
whether the availability of appropriate substance abuse
treatment programs, or an individual's current or past
participation in such programs, warrants an exception in
accordance with United States Sentencing Commission
guidelines from the rule of section 4214(f) when considering
any action against a defendant who fails a drug test.''.
SEC. 20415. REPORTING OF CASH RECEIVED BY CRIMINAL COURT
CLERKS.
(a) In General.--Section 6050I of the Internal Revenue Code
of 1986 (relating to returns relating to cash received in
trade or business) is amended by adding at the end the
following new subsection:
``(g) Cash Received by Criminal Court Clerks.--
``(1) In general.--Every clerk of a Federal or State
criminal court who receives more than $10,000 in cash as bail
for any individual charged with a specified criminal offense
shall make a return described in paragraph (2) (at such time
as the Secretary may by regulations prescribe) with respect
to the receipt of such bail.
``(2) Return.--A return is described in this paragraph if
such return--
``(A) is in such form as the Secretary may prescribe, and
``(B) contains--
``(i) the name, address, and TIN of--
``(I) the individual charged with the specified criminal
offense, and
``(II) each person posting the bail (other than a person
licensed as a bail bondsman),
``(ii) the amount of cash received,
``(iii) the date the cash was received, and
``(iv) such other information as the Secretary may
prescribe.
``(3) Specified criminal offense.--For purposes of this
subsection, the term `specified criminal offense' means--
``(A) any Federal criminal offense involving a controlled
substance,
``(B) racketeering (as defined in section 1951, 1952, or
1955 of title 18, United States Code),
``(C) money laundering (as defined in section 1956 or 1957
of such title), and
``(D) any State criminal offense substantially similar to
an offense described in subparagraph (A), (B), or (C).
``(4) Information to federal prosecutors.--Each clerk
required to include on a return under paragraph (1) the
information described in paragraph (2)(B) with respect to an
individual described in paragraph (2)(B)(i)(I) shall furnish
(at such time as the Secretary may by regulations prescribe)
a written statement showing such information to the United
States Attorney for the jurisdiction in which such individual
resides and the jurisdiction in which the specified criminal
offense occurred.
``(5) Information to payors of bail.--Each clerk required
to make a return under paragraph (1) shall furnish (at such
time as the Secretary may by regulations prescribe) to each
person whose name is required to be set forth in such return
by reason of paragraph (2)(B)(i)(II) a written statement
showing--
``(A) the name and address of the clerk's office required
to make the return, and
``(B) the aggregate amount of cash described in paragraph
(1) received by such clerk.''.
(b) Conforming Amendments.--
(1) Clause (iv) of section 6724(d)(1)(B) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(iv) section 6050I (a) or (g)(1) (relating to cash
received in trade or business, etc.),''.
(2) Subparagraph (K) of section 6724(d)(2) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(K) section 6050I(e) or paragraph (4) or (5) of section
6050I(g) (relating to cash received in trade or business,
etc.),''.
(3) The heading for section 6050I of the Internal Revenue
Code of 1986 is amended by striking ``BUSINESS'' and
inserting ``BUSINESS, ETC.''.
(4) The table of sections for subpart B of part III of
subchapter A of chapter A of chapter 61 of the Internal
Revenue Code of 1986 is amended by striking ``business'' and
inserting ``business, etc.'' in the item relating to section
6050I.
(c) Regulations.--The Secretary of the Treasury or the
Secretary's delegate shall prescribe temporary regulations
under the amendments made by this section within 90 days
after the date of enactment of this Act.
(d) Effective Date.--The amendments made by this section
shall take effect on the 60th day after the date on which the
temporary regulations are prescribed under subsection (c).
SEC. 20416. CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS.
(a) Exhaustion of Administrative Remedies.--Section 7 of
the Civil Rights of Institutionalized Persons Act (42 U.S.C.
1997e) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``ninety days'' and
inserting ``180 days''; and
(B) in paragraph (2), by inserting before the period at the
end the following: ``or are otherwise fair and effective'';
and
(2) in subsection (c)--
(A) in paragraph (1) by inserting before the period at the
end the following: ``or are otherwise fair and effective'';
and
(B) in paragraph (2) by inserting before the period at the
end the following: ``or is no longer fair and effective''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date of enactment of this Act.
SEC. 20417. NOTIFICATION OF RELEASE OF PRISONERS.
Section 4042 of title 18, United States Code, is amended--
(1) by striking ``The Bureau'' and inserting ``(a) In
General.--The Bureau'';
(2) by striking ``This section'' and inserting ``(c)
Application of Section.--This section'';
(3) in paragraph (4) of subsection (a), as designated by
paragraph (1)--
(A) by striking ``Provide'' and inserting ``provide''; and
(B) by striking the period at the end and inserting ``;
and'';
(4) by inserting after paragraph (4) of subsection (a), as
designated by paragraph (1), the following new paragraph:
``(5) provide notice of release of prisoners in accordance
with subsection (b).''; and
(5) by inserting after subsection (a), as designated by
paragraph (1), the following new subsection:
``(b) Notice of Release of Prisoners.--(1) At least 5 days
prior to the date on which a prisoner described in paragraph
(3) is to be released on supervised release, or, in the case
of a prisoner on supervised release, at least 5 days prior to
the date on which the prisoner changes residence to a new
jurisdiction, written notice of the release or change of
residence shall be provided to the chief law enforcement
officer of the State and of the local jurisdiction in which
the prisoner will reside. Notice prior to release shall be
provided by the Director of the Bureau of Prisons. Notice
concerning a change of residence following release shall be
provided by the probation officer responsible for the
supervision of the released prisoner, or in a manner
specified by the Director of the Administrative Office of the
United States Courts. The notice requirements under this
subsection do not apply in relation to a prisoner being
protected under chapter 224.
``(2) A notice under paragraph (1) shall disclose--
``(A) the prisoner's name;
``(B) the prisoner's criminal history, including a
description of the offense of which the prisoner was
convicted; and
``(C) any restrictions on conduct or other conditions to
the release of the prisoner that are imposed by law, the
sentencing court, or the Bureau of Prisons or any other
Federal agency.
``(3) A prisoner is described in this paragraph if the
prisoner was convicted of--
``(A) a drug trafficking crime, as that term is defined in
section 924(c)(2); or
``(B) a crime of violence (as defined in section
924(c)(3)).
``(4) The notice provided under this section shall be used
solely for law enforcement purposes.''.
SEC. 20418. CORRECTIONAL JOB TRAINING AND PLACEMENT.
(a) Purpose.--It is the purpose of this section to
encourage and support job training programs, and job
placement programs, that provide services to incarcerated
persons or ex-offenders.
(b) Definitions.--As used in this section:
(1) Correctional institution.--The term ``correctional
institution'' means any prison, jail, reformatory, work farm,
detention center, or halfway house, or any other similar
institution designed for the confinement or rehabilitation of
criminal offenders.
(2) Correctional job training or placement program.--The
term ``correctional job training or placement program'' means
an activity that provides job training or job placement
services to incarcerated persons or ex-offenders, or that
assists incarcerated persons or ex-offenders in obtaining
such services.
(3) Ex-offender.--The term ``ex-offender'' means any
individual who has been sentenced to a term of probation by a
Federal or State court, or who has been released from a
Federal, State, or local correctional institution.
(4) Incarcerated person.--The term ``incarcerated person''
means any individual incarcerated in a Federal or State
correctional institution who is charged with or convicted of
any criminal offense.
(c) Establishment of Office.--
(1) In general.--The Attorney General shall establish
within the Department of Justice an Office of Correctional
Job Training and Placement. The Office shall be headed by a
Director, who shall be appointed by the Attorney General.
(2) Timing.--The Attorney General shall carry out this
subsection not later than 6 months after the date of
enactment of this section.
(d) Functions of Office.--The Attorney General, acting
through the Director of the Office of Correctional Job
Training and Placement, in consultation with the Secretary of
Labor, shall--
(1) assist in coordinating the activities of the Federal
Bonding Program of the Department of Labor, the activities of
the Depart-
[[Page 1775]]
ment of Labor related to the certification of eligibility for
targeted jobs credits under section 51 of the Internal
Revenue Code of 1986 with respect to ex-offenders, and any
other correctional job training or placement program of the
Department of Justice or Department of Labor;
(2) provide technical assistance to State and local
employment and training agencies that--
(A) receive financial assistance under this Act; or
(B) receive financial assistance through other programs
carried out by the Department of Justice or Department of
Labor, for activities related to the development of
employability;
(3) prepare and implement the use of special staff training
materials, and methods, for developing the staff competencies
needed by State and local agencies to assist incarcerated
persons and ex-offenders in gaining marketable occupational
skills and job placement;
(4) prepare and submit to Congress an annual report on the
activities of the Office of Correctional Job Training and
Placement, and the status of correctional job training or
placement programs in the United States;
(5) cooperate with other Federal agencies carrying out
correctional job training or placement programs to ensure
coordination of such programs throughout the United States;
(6) consult with, and provide outreach to--
(A) State job training coordinating councils,
administrative entities, and private industry councils, with
respect to programs carried out under this Act; and
(B) other State and local officials, with respect to other
employment or training programs carried out by the Department
of Justice or Department of Labor;
(7) collect from States information on the training
accomplishments and employment outcomes of a sample of
incarcerated persons and ex-offenders who were served by
employment or training programs carried out, or that receive
financial assistance through programs carried out, by the
Department of Justice or Department of Labor; and
(8)(A) collect from States and local governments
information on the development and implementation of
correctional job training or placement programs; and
(B) disseminate such information, as appropriate.
TITLE III--CRIME PREVENTION
Subtitle A--Ounce of Prevention Council
SEC. 30101. OUNCE OF PREVENTION COUNCIL.
(a) Establishment.--
(1) In general.--There is established an Ounce of
Prevention Council (referred to in this title as the
``Council''), the members of which--
(A) shall include the Attorney General, the Secretary of
Education, the Secretary of Health and Human Services, the
Secretary of Housing and Urban Development, the Secretary of
Labor, the Secretary of Agriculture, the Secretary of the
Treasury, the Secretary of the Interior, and the Director of
the Office of National Drug Control Policy; and
(B) may include other officials of the executive branch as
directed by the President.
(2) Chair.--The President shall designate the Chair of the
Council from among its members (referred to in this title as
the ``Chair'').
(3) Staff.--The Council may employ any necessary staff to
carry out its functions, and may delegate any of its
functions or powers to a member or members of the Council.
(b) Program Coordination.--For any program authorized under
the Violent Crime Control and Law Enforcement Act of 1994,
the Ounce of Prevention Council Chair, only at the request of
the Council member with jurisdiction over that program, may
coordinate that program, in whole or in part, through the
Council.
(c) Administrative Responsibilities and Powers.--In
addition to the program coordination provided in subsection
(b), the Council shall be responsible for such functions as
coordinated planning, development of a comprehensive crime
prevention program catalogue, provision of assistance to
communities and community-based organizations seeking
information regarding crime prevention programs and
integrated program service delivery, and development of
strategies for program integration and grant simplification.
The Council shall have the authority to audit the expenditure
of funds received by grantees under programs administered by
or coordinated through the Council. In consultation with the
Council, the Chair may issue regulations and guidelines to
carry out this subtitle and programs administered by or
coordinated through the Council.
SEC. 30102. OUNCE OF PREVENTION GRANT PROGRAM.
(a) In General.--The Council may make grants for--
(1) summer and after-school (including weekend and holiday)
education and recreation programs;
(2) mentoring, tutoring, and other programs involving
participation by adult role models (such as D.A.R.E.
America);
(3) programs assisting and promoting employability and job
placement; and
(4) prevention and treatment programs to reduce substance
abuse, child abuse, and adolescent pregnancy, including
outreach programs for at-risk families.
(b) Applicants.--Applicants may be Indian tribal
governments, cities, counties, or other municipalities,
school boards, colleges and universities, private nonprofit
entities, or consortia of eligible applicants. Applicants
must show that a planning process has occurred that has
involved organizations, institutions, and residents of target
areas, including young people, and that there has been
cooperation between neighborhood-based entities,
municipality-wide bodies, and local private-sector
representatives. Applicants must demonstrate the substantial
involvement of neighborhood-based entities in the carrying
out of the proposed activities. Proposals must demonstrate
that a broad base of collaboration and coordination will
occur in the implementation of the proposed activities,
involving cooperation among youth-serving organizations,
schools, health and social service providers, employers, law
enforcement professionals, local government, and residents of
target areas, including young people. Applications shall be
geographically based in particular neighborhood or sections
of municipalities or particular segments of rural areas, and
applications shall demonstrate how programs will serve
substantial proportions of children and youth resident in the
target area with activities designed to have substantial
impact on their lives.
(c) Priority.--In making such grants, the Council shall
give preference to coalitions consisting of a broad spectrum
of community-based and social service organizations that have
a coordinated team approach to reducing gang membership and
the effects of substance abuse, and providing alternatives to
at-risk youth.
(d) Federal Share.--
(1) In general.--The Federal share of a grant made under
this part may not exceed 75 percent of the total costs of the
projects described in the applications submitted under
subsection (b) for the fiscal year for which the projects
receive assistance under this title.
(2) Waiver.--The Council may waive the 25 percent matching
requirement under paragraph (1) upon making a determination
that a waiver is equitable in view of the financial
circumstances affecting the ability of the applicant to meet
that requirement.
(3) Non-federal share.--The non-Federal share of such costs
may be in cash or in kind, fairly evaluated, including plant,
equipment, and services.
(4) Nonsupplanting requirement.--Funds made available under
this title to a governmental entity shall not be used to
supplant State or local funds, or in the case of Indian
tribal governments, funds supplied by the Bureau of Indian
Affairs, but shall be used to increase the amount of funds
that would, in the absence of Federal funds received under
this title, be made available from State or local sources, or
in the case of Indian tribal governments, from funds supplied
by the Bureau of Indian Affairs.
(5) Evaluation.--The Council shall conduct a thorough
evaluation of the programs assisted under this title.
SEC. 30103. DEFINITION.
In this subtitle, ``Indian tribe'' means a tribe, band,
pueblo, nation, or other organized group or community of
Indians, including an Alaska Native village (as defined in or
established under the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.), that is recognized as eligible for the
special programs and services provided by the United States
to Indians because of their status as Indians.
SEC. 30104. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subtitle--
(1) $1,500,000 for fiscal year 1995;
(2) $14,700,000 for fiscal year 1996;
(3) $18,000,000 for fiscal year 1997;
(4) $18,000,000 for fiscal year 1998;
(5) $18,900,000 for fiscal year 1999; and
(6) $18,900,000 for fiscal year 2000.
Subtitle B--Local Crime Prevention Block Grant Program
SEC. 30201. PAYMENTS TO LOCAL GOVERNMENTS.
(a) Payment and Use.--
(1) Payment.--The Attorney General, shall pay to each unit
of general local government which qualifies for a payment
under this subtitle an amount equal to the sum of any amounts
allocated to the government under this subtitle for each
payment period. The Attorney General shall pay such amount
from amounts appropriated under section 30202.
(2) Use.--Amounts paid to a unit of general local
government under this section shall be used by that unit for
carrying out one or more of the following purposes:
(A) Education, training, research, prevention, diversion,
treatment, and rehabilitation programs to prevent juvenile
violence, juvenile gangs, and the use and sale of illegal
drugs by juveniles.
(B) Programs to prevent crimes against the elderly based on
the concepts of the Triad model.
(C) Programs that prevent young children from becoming gang
involved, including the award of grants or contracts to
community-based service providers that have a proven track
record of providing services to children ages 5 to 18.
(D) Saturation jobs programs, offered either separately or
in conjunction with the services provided for under the Youth
Fair Chance Program, that provide employment opportunities
leading to permanent unsubsidized employment for
disadvantaged young adults 16 through 25 years of age.
(E) Midnight sports league programs that shall require each
player in the league to attend employment counseling, job
training, and other educational classes provided under
[[Page 1776]]
the program, which shall be held in conjunction with league
sports games at or near the site of the games.
(F) Supervised sports and recreation programs, including
Olympic Youth Development Centers established in cooperation
with the United States Olympic Committee, that are offered--
(i) after school and on weekends and holidays, during the
school year; and
(ii) as daily (or weeklong) full-day programs (to the
extent available resources permit) or as part-day programs,
during the summer months.
(G) Prevention and enforcement programs to reduce--
(i) the formation or continuation of juvenile gangs; and
(ii) the use and sale of illegal drugs by juveniles.
(H) Youth anticrime councils to give intermediate and
secondary school students a structured forum through which to
work with community organizations, law enforcement officials,
government and media representatives, and school
administrators and faculty to address issues regarding youth
and violence.
(I) Award of grants or contracts to the Boys and Girls
Clubs of America, a national nonprofit youth organization, to
establish Boys and Girls Clubs in public housing.
(J) Supervised visitation centers for children who have
been removed from their parents and placed outside the home
as a result of abuse or neglect or other risk of harm to them
and for children whose parents are separated or divorced and
the children are at risk because--
(i) there is documented sexual, physical, or emotional
abuse as determined by a court of competent jurisdiction;
(ii) there is suspected or elevated risk of sexual,
physical, or emotional abuse, or there have been threats of
parental abduction of the child;
(iii) due to domestic violence, there is an ongoing risk of
harm to a parent or child;
(iv) a parent is impaired because of substance abuse or
mental illness;
(v) there are allegations that a child is at risk for any
of the reasons stated in clauses (i), (ii), (iii), and (iv),
pending an investigation of the allegations; or
(vi) other circumstances, as determined by a court of
competent jurisdiction, point to the existence of such a
risk.
(K) Family Outreach Teams which provide a youth worker, a
parent worker, and a school-parent organizer to provide
training in outreach, mentoring, community organizing and
peer counseling and mentoring to locally recruited volunteers
in a particular area.
(L) To establish corridors of safety for senior citizens by
increasing the numbers, presence, and watchfulness of law
enforcement officers, community groups, and business owners
and employees.
(M) Teams or units involving both specially trained law
enforcement professionals and child or family services
professionals that on a 24-hour basis respond to or deal with
violent incidents in which a child is involved as a
perpetrator, witness, or victim.
(N) Dwelling units to law enforcement officers without
charge or at a substantially reduced rent for the purpose of
providing greater security for residents of high crime areas.
(b) Timing of Payments.--The Attorney General shall pay
each amount allocated under this subtitle to a unit of
general local government for a payment period by the later of
90 days after the date the amount is available or the first
day of the payment period if the unit of general local
government has provided the Attorney General with the
assurances required by section 30203(d).
(c) Adjustments.--
(1) In general.--Subject to paragraph (2), the Attorney
General shall adjust a payment under this subtitle to a unit
of general local government to the extent that a prior
payment to the government was more or less than the amount
required to be paid.
(2) Considerations.--The Attorney General may increase or
decrease under this subsection a payment to a unit of general
local government only if the Attorney General determines the
need for the increase or decrease, or the unit requests the
increase or decrease, within one year after the end of the
payment period for which the payment was made.
(d) Reservation for Adjustments.--The Attorney General may
reserve a percentage of not more than 2 percent of the amount
under this section for a payment period for all units of
general local government in a State if the Attorney General
considers the reserve is necessary to ensure the availability
of sufficient amounts to pay adjustments after the final
allocation of amounts among the units of general local
government in the State.
(e) Repayment of Unexpended Amounts.--
(1) Repayment required.--A unit of general local government
shall repay to the Attorney General, by not later than 15
months after receipt from the Attorney General, any amount
that is--
(A) paid to the unit from amounts appropriated under the
authority of this section; and
(B) not expended by the unit within one year after receipt
from the Attorney General.
(2) Penalty for failure to repay.--If the amount required
to be repaid is not repaid, the Attorney General shall reduce
payments in future payment periods accordingly.
(3) Deposit of amounts repaid.--Amounts received by the
Attorney General as repayments under this subsection shall be
deposited in a designated fund for future payments to units
of general local government.
(f) Nonsupplanting Requirement.--Funds made available under
this subtitle to units of local government shall not be used
to supplant State or local funds, but will be used to
increase the amount of funds that would, in the absence of
funds under this subtitle, be made available from State or
local sources.
SEC. 30202. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this subtitle--
(1) $75,940,000 for fiscal year 1996;
(2) $75,940,000 for fiscal year 1997;
(3) $75,940,000 for fiscal year 1998;
(4) $75,940,000 for fiscal year 1999; and
(5) $73,240,000 for fiscal year 2000.
Such sums are to remain available until expended.
(b) Administrative Costs.--Up to 2.5 percent of the amount
authorized to be appropriated under subsection (b) is
authorized to be appropriated for the period fiscal year 1995
through fiscal year 2000 to be available for administrative
costs by the Attorney General in furtherance of the purposes
of the program. Such sums are to remain available until
expended.
SEC. 30203. QUALIFICATION FOR PAYMENT.
(a) In General.--The Attorney General shall issue
regulations establishing procedures under which eligible
units of general local government are required to provide
notice to the Attorney General of the units' proposed use of
assistance under this subtitle.
(b) General Requirements for Qualification.--A unit of
general local government qualifies for a payment under this
subtitle for a payment period only after establishing to the
satisfaction of the Attorney General that--
(1) the government will establish a trust fund in which the
government will deposit all payments received under this
subtitle;
(2) the government will use amounts in the trust fund
(including interest) during a reasonable period;
(3) the government will expend the payments so received, in
accordance with the laws and procedures that are applicable
to the expenditure of revenues of the government;
(4) if at least 25 percent of the pay of individuals
employed by the government in a public employee occupation is
paid out of the trust fund, individuals in the occupation any
part of whose pay is paid out of the trust fund will receive
pay at least equal to the prevailing rate of pay for
individuals employed in similar public employee occupations
by the government;
(5) the government will use accounting, audit, and fiscal
procedures that conform to guidelines which shall be
prescribed by the Attorney General after consultation with
the Comptroller General of the United States. As applicable,
amounts received under this subtitle shall be audited in
compliance with the Single Audit Act of 1984;
(6) after reasonable notice to the government, the
government will make available to the Attorney General and
the Comptroller General of the United States, with the right
to inspect, records the Attorney General reasonably requires
to review compliance with this subtitle or the Comptroller
General of the United States reasonably requires to review
compliance and operations;
(7) the government will make reports the Attorney General
reasonably requires, in addition to the annual reports
required under this subtitle; and
(8) the government will spend the funds only for the
purposes set forth in section 30201(a)(2).
(c) Review by Governors.--A unit of general local
government shall give the chief executive officer of the
State in which the government is located an opportunity for
review and comment before establishing compliance with
subsection (d).
(d) Sanctions for Noncompliance.--
(1) In general.--If the Attorney General decides that a
unit of general local government has not complied
substantially with subsection (b) or regulations prescribed
under subsection (b), the Attorney General shall notify the
government. The notice shall state that if the government
does not take corrective action by the 60th day after the
date the government receives the notice, the Attorney General
will withhold additional payments to the government for the
current payment period and later payment periods until the
Attorney General is satisfied that the government--
(A) has taken the appropriate corrective action; and
(B) will comply with subsection (b) and regulations
prescribed under subsection (b).
(2) Notice.--Before giving notice under paragraph (1), the
Attorney General shall give the chief executive officer of
the unit of general local government reasonable notice and an
opportunity for comment.
(3) Payment conditions.--The Attorney General may make a
payment to a unit of general local government notified under
paragraph (1) only if the Attorney General is satisfied that
the government--
(A) has taken the appropriate corrective action; and
(B) will comply with subsection (b) and regulations
prescribed under subsection (b).
SEC. 30204. ALLOCATION AND DISTRIBUTION OF FUNDS.
(a) State Distribution.--For each payment period, the
Attorney General shall al-
[[Page 1777]]
locate out of the amount appropriated for the period under
the authority of section 30202--
(1) 0.25 percent to each State; and
(2) Of the total amount of funds remaining after allocation
under paragraph (1), an amount that is equal to--
the ratio that the number of part 1 violent crimes reported
by such State to the Federal Bureau of Investigation for 1993
bears to the number of part 1 violent crimes reported by all
States to the Federal Bureau of Investigation for 1993
(b) Local Distribution.--(1) The Attorney General shall
allocate among the units of general local government in a
State the amount allocated to the State under paragraphs (1)
and (2) of subsection (a).
(2) The Attorney General shall allocate to each unit of
general local government an amount which bears the ratio that
the number of part 1 violent crimes reported by such unit to
the Federal Bureau of Investigation for 1993 bears to the
number of part 1 violent crimes reported by all units in the
State in which the unit is located to the Federal Bureau of
Investigation for 1993 multiplied by the ratio of the
population living in all units in the State in which the unit
is located that reported part 1 violent crimes to the Federal
Bureau of Investigation for 1993 bears to the population of
the State; or if such data are not available for a unit, the
ratio that the population of such unit bears to the
population of all units in the State in which the unit is
located for which data are not available multiplied by the
ratio of the population living in units in the State in which
the unit is located for which data are not available bears to
the population of the State.
(3) If under paragraph (2) a unit is allotted less than
$5,000 for the payment period, the amount allotted shall be
transferred to the Governor of the State who shall equitably
distribute the allocation to all such units or consortia
thereof.
(4) If there is in a State a unit of general local
government that has been incorporated since the date of the
collection of the data used by the Attorney General in making
allocations pursuant to this section, the Attorney General
shall allocate to this newly incorporated local government,
out of the amount allocated to the State under this section,
an amount bearing the same ratio to the amount allocated to
the State as the population of the newly incorporated local
government bears to the population of the State. If there is
in the State a unit of general local government that has been
annexed since the date of the collection of the data used by
the Attorney General in making allocations pursuant to this
section, the Attorney General shall pay the amount that would
have been allocated to this local government to the unit of
general local government that annexed it.
(c) Unavailability of Information.--For purposes of this
section, if data regarding part 1 violent crimes in any State
for 1993 is unavailable or substantially inaccurate, the
Attorney General shall utilize the best available comparable
data regarding the number of violent crimes for 1993 for such
State for the purposes of allocation of any funds under this
subtitle.
SEC. 30205. UTILIZATION OF PRIVATE SECTOR.
Funds or a portion of funds allocated under this subtitle
may be utilized to contract with private, nonprofit entities
or community-based organizations to carry out the uses
specified under section 30201(a)(2).
SEC. 30206. PUBLIC PARTICIPATION.
A unit of general local government expending payments under
this subtitle shall hold at least one public hearing on the
proposed use of the payment in relation to its entire budget.
At the hearing, persons shall be given an opportunity to
provide written and oral views to the governmental authority
responsible for enacting the budget and to ask questions
about the entire budget and the relation of the payment to
the entire budget. The government shall hold the hearing at a
time and a place that allows and encourages public attendance
and participation.
SEC. 30207. ADMINISTRATIVE PROVISIONS.
The administrative provisions of part H of the Omnibus
Crime Control and Safe Streets Act of 1968, shall apply to
the Attorney General for purposes of carrying out this
subtitle.
SEC. 30208. DEFINITIONS.
For purposes of this subtitle:
(1) The term ``unit of general local government'' means--
(A) a county, township, city, or political subdivision of a
county, township, or city, that is a unit of general local
government as determined by the Secretary of Commerce for
general statistical purposes; and
(B) the District of Columbia and the recognized governing
body of an Indian tribe or Alaskan Native village that
carries out substantial governmental duties and powers.
(2) The term ``payment period'' means each 1-year period
beginning on October 1 of the years 1995 through 2000.
(3) The term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands, except that American Samoa, Guam,
and the Northern Mariana Islands shall be considered as one
State and that, for purposes of 30204(a), 33 per centum of
the amounts allocated shall be allocated to American Samoa,
50 per centum to Guam, and 17 per centum to the Northern
Mariana Islands.
(4) The term ``children'' means persons who are not younger
than 5 and not older than 18 years old.
(5) The term ``part 1 violent crimes'' means murder and
non-negligent manslaughter, forcible rape, robbery, and
aggravated assault as reported to the Federal Bureau of
Investigation for purposes of the Uniform Crime Reports.
Subtitle C--Model Intensive Grant Programs
SEC. 30301. GRANT AUTHORIZATION.
(a) Establishment.--
(1) In general.--The Attorney General may award grants to
not more than 15 chronic high intensive crime areas to
develop comprehensive model crime prevention programs that--
(A) involve and utilize a broad spectrum of community
resources, including nonprofit community organizations, law
enforcement organizations, and appropriate State and Federal
agencies, including the State educational agencies;
(B) attempt to relieve conditions that encourage crime; and
(C) provide meaningful and lasting alternatives to
involvement in crime.
(2) Consultation with the ounce of prevention council.--The
Attorney General may consult with the Ounce of Prevention
Council in awarding grants under paragraph (1).
(b) Priority.--In awarding grants under subsection (a), the
Attorney General shall give priority to proposals that--
(1) are innovative in approach to the prevention of crime
in a specific area;
(2) vary in approach to ensure that comparisons of
different models may be made; and
(3) coordinate crime prevention programs funded under this
program with other existing Federal programs to address the
overall needs of communities that benefit from grants
received under this title.
SEC. 30302. USES OF FUNDS.
(a) In General.--Funds awarded under this subtitle may be
used only for purposes described in an approved application.
The intent of grants under this subtitle is to fund
intensively comprehensive crime prevention programs in
chronic high intensive crime areas.
(b) Guidelines.--The Attorney General shall issue and
publish in the Federal Register guidelines that describe
suggested purposes for which funds under approved programs
may be used.
(c) Equitable Distribution of Funds.--In disbursing funds
under this subtitle, the Attorney General shall ensure the
distribution of awards equitably on a geographic basis,
including urban and rural areas of varying population and
geographic size.
SEC. 30303. PROGRAM REQUIREMENTS.
(a) Description.--An applicant shall include a description
of the distinctive factors that contribute to chronic violent
crime within the area proposed to be served by the grant.
Such factors may include lack of alternative activities and
programs for youth, deterioration or lack of public
facilities, inadequate public services such as public
transportation, street lighting, community-based substance
abuse treatment facilities, or employment services offices,
and inadequate police or public safety services, equipment,
or facilities.
(b) Comprehensive Plan.--An applicant shall include a
comprehensive, community-based plan to attack intensively the
principal factors identified in subsection (a). Such plans
shall describe the specific purposes for which funds are
proposed to be used and how each purpose will address
specific factors. The plan also shall specify how local
nonprofit organizations, government agencies, private
businesses, citizens groups, volunteer organizations, and
interested citizens will cooperate in carrying out the
purposes of the grant.
(c) Evaluation.--An applicant shall include an evaluation
plan by which the success of the plan will be measured,
including the articulation of specific, objective indicia of
performance, how the indicia will be evaluated, and a
projected timetable for carrying out the evaluation.
SEC. 30304. APPLICATIONS.
To request a grant under this subtitle the chief local
elected official of an area shall--
(1) prepare and submit to the Attorney General an
application in such form, at such time, and in accordance
with such procedures, as the Attorney General shall
establish; and
(2) provide an assurance that funds received under this
subtitle shall be used to supplement, not supplant, non-
Federal funds that would otherwise be available for programs
funded under this subtitle.
SEC. 30305. REPORTS.
Not later than December 31, 1998, the Attorney General
shall prepare and submit to the Committees on the Judiciary
of the House and Senate an evaluation of the model programs
developed under this subtitle and make recommendations
regarding the implementation of a national crime prevention
program.
SEC. 30306. DEFINITIONS.
In this subtitle--
``chief local elected official'' means an official
designated under regulations issued by the Attorney General.
The criteria used by the Attorney General in promulgating
such regulations shall ensure administrative efficiency and
accountability in the expenditure of funds and execution of
funded projects under this subtitle.
``chronic high intensity crime area'' means an area meeting
criteria adopted by the Attorney General by regulation that,
at a minimum, define areas with--
[[Page 1778]]
(A) consistently high rates of violent crime as reported in
the Federal Bureau of Investigation's ``Uniform Crime
Reports'', and
(B) chronically high rates of poverty as determined by the
Bureau of the Census.
``State'' means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin
Islands, American Samoa, Guam, and the Northern Mariana
Islands.
SEC. 30307. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subtitle--
(1) $100,000,000 for fiscal year 1996;
(2) $125,100,000 for fiscal year 1997;
(3) $125,100,000 for fiscal year 1998;
(4) $125,100,000 for fiscal year 1999; and
(5) $150,200,000 for fiscal year 2000.
Subtitle D--Family and Community Endeavor Schools Grant Program
SEC. 30401. COMMUNITY SCHOOLS YOUTH SERVICES AND SUPERVISION
GRANT PROGRAM.
(a) Short Title.--This section may be cited as the
``Community Schools Youth Services and Supervision Grant
Program Act of 1994''.
(b) Definitions.--In this section--
``child'' means a person who is not younger than 5 and not
older than 18 years old.
``community-based organization'' means a private, locally
initiated, community-based organization that--
(A) is a nonprofit organization, as defined in section
103(23) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5603(23)); and
(B) is operated by a consortium of service providers,
consisting of representatives of 5 or more of the following
categories of persons:
(i) Residents of the community.
(ii) Business and civic leaders actively involved in
providing employment and business development opportunities
in the community.
(iii) Educators.
(iv) Religious organizations (which shall not provide any
sectarian instruction or sectarian worship in connection with
an activity funded under this title).
(v) Law enforcement agencies.
(vi) Public housing agencies.
(vii) Other public agencies.
(viii) Other interested parties.
``eligible community'' means an area identified pursuant to
subsection (e).
``Indian tribe'' means a tribe, band, pueblo, nation, or
other organized group or community of Indians, including an
Alaska Native village (as defined in or established under the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.),
that is recognized as eligible for the special programs and
services provided by the United States to Indians because of
their status as Indians.
``poverty line'' means the income official poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a
family of the size involved.
``public school'' means a public elementary school, as
defined in section 1201(i) of the Higher Education Act of
1965 (20 U.S.C. 1141(i)), and a public secondary school, as
defined in section 1201(d) of that Act.
``Secretary'' means the Secretary of Health and Human
Services, in consultation and coordination with the Attorney
General.
``State'' means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, American Samoa, Guam, and the United States
Virgin Islands.
(c) Program Authority.--
(1) In general.--
(A) Allocations for states and indian country.--For any
fiscal year in which the sums appropriated to carry out this
section equal or exceed $20,000,000, from the sums
appropriated to carry out this subsection, the Secretary
shall allocate, for grants under subparagraph (B) to
community-based organizations in each State, an amount
bearing the same ratio to such sums as the number of children
in the State who are from families with incomes below the
poverty line bears to the number of children in all States
who are from families with incomes below the poverty line. In
view of the extraordinary need for assistance in Indian
country, an appropriate amount of funds available under this
subtitle shall be made available for such grants in Indian
country.
(B) Grants to community-based organizations from
allocations.--For such a fiscal year, the Secretary may award
grants from the appropriate State or Indian country
allocation determined under subparagraph (A) on a competitive
basis to eligible community-based organizations to pay for
the Federal share of assisting eligible communities to
develop and carry out programs in accordance with this
section.
(C) Reallocation.--If, at the end of such a fiscal year,
the Secretary determines that funds allocated for community-
based organizations in a State or Indian country under
subparagraph (B) remain unobligated, the Secretary may use
such funds to award grants to eligible community-based
organizations in another State or Indian country to pay for
such Federal share. In awarding such grants, the Secretary
shall consider the need to maintain geographic diversity
among the recipients of such grants. Amounts made available
through such grants shall remain available until expended.
(2) Other fiscal years.--For any fiscal year in which the
sums appropriated to carry out this section are less than
$20,000,000, the Secretary may award grants on a competitive
basis to eligible community-based organizations to pay for
the Federal share of assisting eligible communities to
develop and carry out programs in accordance with this
section.
(3) Administrative costs.--The Secretary may use not more
than 3 percent of the funds appropriated to carry out this
section in any fiscal year for administrative costs.
(d) Program Requirements.--
(1) Location.--A community-based organization that receives
a grant under this section to assist in carrying out such a
program shall ensure that the program is carried out--
(A) when appropriate, in the facilities of a public school
during nonschool hours; or
(B) in another appropriate local facility in a State or
Indian country, such as a college or university, a local or
State park or recreation center, church, or military base,
that is--
(i) in a location that is easily accessible to children in
the community; and
(ii) in compliance with all applicable local ordinances.
(2) Use of funds.--Such community-based organization--
(A) shall use funds made available through the grant to
provide, to children in the eligible community, services and
activities that--
(i) shall include supervised sports programs, and
extracurricular and academic programs, that are offered--
(I) after school and on weekends and holidays, during the
school year; and
(II) as daily full-day programs (to the extent available
resources permit) or as part-day programs, during the summer
months;
(B) in providing such extracurricular and academic
programs, shall provide programs such as curriculum-based
supervised educational, work force preparation,
entrepreneurship, cultural, health programs, social
activities, arts and crafts programs, dance programs,
tutorial and mentoring programs, and other related
activities;
(C) may use--
(i) such funds for minor renovation of facilities that are
in existence prior to the operation of the program and that
are necessary for the operation of the program for which the
organization receives the grant, purchase of sporting and
recreational equipment and supplies, reasonable costs for the
transportation of participants in the program, hiring of
staff, provision of meals for such participants, provision of
health services consisting of an initial basic physical
examination, provision of first aid and nutrition guidance,
family counselling, parental training, and substance abuse
treatment where appropriate; and
(ii) not more than 5 percent of such funds to pay for the
administrative costs of the program; and
(D) may not use such funds to provide sectarian worship or
sectarian instruction.
(e) Eligible Community Identification.--
(1) Identification.--To be eligible to receive a grant
under this section, a community-based organization shall
identify an eligible community to be assisted under this
section.
(2) Criteria.--Such eligible community shall be an area
that meets such criteria with respect to significant poverty
and significant juvenile delinquency, and such additional
criteria, as the Secretary may by regulation require.
(f) Applications.--
(1) Application required.--To be eligible to receive a
grant under this section, a community-based organization
shall submit an application to the Secretary at such time, in
such manner, and accompanied by such information, as the
Secretary may reasonably require, and obtain approval of such
application.
(2) Contents of application.--Each application submitted
pursuant to paragraph (1) shall--
(A) describe the activities and services to be provided
through the program for which the grant is sought;
(B) contain an assurance that the community-based
organization will spend grant funds received under this
section in a manner that the community-based organization
determines will best accomplish the objectives of this
section;
(C) contain a comprehensive plan for the program that is
designed to achieve identifiable goals for children in the
eligible community;
(D) set forth measurable goals and outcomes for the program
that--
(i) will--
(I) where appropriate, make a public school the focal point
of the eligible community; or
(II) make a local facility described in subsection
(d)(1)(B) such a focal point; and
(ii) may include reducing the percentage of children in the
eligible community that enter the juvenile justice system,
increasing the graduation rates, school attendance, and
academic success of children in the eligible community, and
improving the skills of program participants;
(E) provide evidence of support for accomplishing such
goals and outcomes from--
(i) community leaders;
(ii) businesses;
(iii) local educational agencies;
(iv) local officials;
(v) State officials;
(vi) Indian tribal government officials; and
(vii) other organizations that the community-based
organization determines to be appropriate;
[[Page 1779]]
(F) contain an assurance that the community-based
organization will use grant funds received under this section
to provide children in the eligible community with activities
and services that shall include supervised sports programs,
and extracurricular and academic programs, in accordance with
subparagraphs (A) and (B) of subsection (d)(2);
(G) contain a list of the activities and services that will
be offered through the program for which the grant is sought
and sponsored by private nonprofit organizations,
individuals, and groups serving the eligible community,
including--
(i) extracurricular and academic programs, such as programs
described in subsection (d)(2)(B); and
(ii) activities that address specific needs in the
community;
(H) demonstrate the manner in which the community-based
organization will make use of the resources, expertise, and
commitment of private entities in carrying out the program
for which the grant is sought;
(I) include an estimate of the number of children in the
eligible community expected to be served pursuant to the
program;
(J) include a description of charitable private resources,
and all other resources, that will be made available to
achieve the goals of the program;
(K) contain an assurance that the community-based
organization will use competitive procedures when purchasing,
contracting, or otherwise providing for goods, activities, or
services to carry out programs under this section;
(L) contain an assurance that the program will maintain a
staff-to-participant ratio (including volunteers) that is
appropriate to the activity or services provided by the
program;
(M) contain an assurance that the program will maintain an
average attendance rate of not less than 75 percent of the
participants enrolled in the program, or will enroll
additional participants in the program;
(N) contain an assurance that the community-based
organization will comply with any evaluation under subsection
(m), any research effort authorized under Federal law, and
any investigation by the Secretary;
(O) contain an assurance that the community-based
organization shall prepare and submit to the Secretary an
annual report regarding any program conducted under this
section;
(P) contain an assurance that the program for which the
grant is sought will, to the maximum extent possible,
incorporate services that are provided solely through non-
Federal private or nonprofit sources; and
(Q) contain an assurance that the community-based
organization will maintain separate accounting records for
the program.
(3) Priority.--In awarding grants to carry out programs
under this section, the Secretary shall give priority to
community-based organizations who submit applications that
demonstrate the greatest effort in generating local support
for the programs.
(g) Eligibility of Participants.--
(1) In general.--To the extent possible, each child who
resides in an eligible community shall be eligible to
participate in a program carried out in such community that
receives assistance under this section.
(2) Eligibility.--To be eligible to participate in a
program that receives assistance under this section, a child
shall provide the express written approval of a parent or
guardian, and shall submit an official application and agree
to the terms and conditions of participation in the program.
(3) Nondiscrimination.--In selecting children to
participate in a program that receives assistance under this
section, a community-based organization shall not
discriminate on the basis of race, color, religion, sex,
national origin, or disability.
(h) Peer Review Panel.--
(1) Establishment.--The Secretary may establish a peer
review panel that shall be comprised of individuals with
demonstrated experience in designing and implementing
community-based programs.
(2) Composition.--A peer review panel shall include at
least 1 representative from each of the following:
(A) A community-based organization.
(B) A local government.
(C) A school district.
(D) The private sector.
(E) A charitable organization.
(F) A representative of the United States Olympic
Committee, at the option of the Secretary.
(3) Functions.--A peer review panel shall conduct the
initial review of all grant applications received by the
Secretary under subsection (f), make recommendations to the
Secretary regarding--
(A) grant funding under this section; and
(B) a design for the evaluation of programs assisted under
this section.
(i) Investigations and Inspections.--The Secretary may
conduct such investigations and inspections as may be
necessary to ensure compliance with the provisions of this
section.
(j) Payments; Federal Share; Non-Federal Share.--
(1) Payments.--The Secretary shall, subject to the
availability of appropriations, pay to each community-based
organization having an application approved under subsection
(f) the Federal share of the costs of developing and carrying
out programs described in subsection (c).
(2) Federal share.--The Federal share of such costs shall
be no more than--
(A) 75 percent for each of fiscal years 1995 and 1996;
(B) 70 percent for fiscal year 1997; and
(C) 60 percent for fiscal year 1998 and thereafter.
(3) Non-federal share.--
(A) In general.--The non-Federal share of such costs may be
in cash or in kind, fairly evaluated, including plant,
equipment, and services (including the services described in
subsection (f)(2)(P)), and funds appropriated by the Congress
for the activity of any agency of an Indian tribal government
or the Bureau of Indian Affairs on any Indian lands may be
used to provide the non-Federal share of the costs of
programs or projects funded under this subtitle.
(B) Special rule.--At least 15 percent of the non-Federal
share of such costs shall be provided from private or
nonprofit sources.
(k) Evaluation.--The Secretary shall conduct a thorough
evaluation of the programs assisted under this section, which
shall include an assessment of--
(1) the number of children participating in each program
assisted under this section;
(2) the academic achievement of such children;
(3) school attendance and graduation rates of such
children; and
(4) the number of such children being processed by the
juvenile justice system.
SEC. 30402. FAMILY AND COMMUNITY ENDEAVOR SCHOOLS GRANT
PROGRAM.
(a) Short Title.--This section may be cited as the ``Family
and Community Endeavor Schools Act''.
(b) Purpose.--It is the purpose of this section to improve
the overall development of at-risk children who reside in
eligible communities as defined in subsection (l)(3).
(c) Program Authority.--The Secretary may award grants on a
competitive basis to eligible local entities to pay for the
Federal share of assisting eligible communities to develop
and carry out programs in accordance with this section. No
local entity shall receive a grant of less than $250,000 in a
fiscal year. Amounts made available through such grants shall
remain available until expended.
(d) Program Requirements.--
(1) Improvement programs.--A local entity that receives
funds under this section shall develop or expand programs
that are designed to improve academic and social development
by instituting a collaborative structure that trains and
coordinates the efforts of teachers, administrators, social
workers, guidance counselors, parents, and school volunteers
to provide concurrent social services for at-risk students at
selected public schools in eligible communities.
(2) Optional activities.--A local entity that receives
funds under this section may develop a variety of programs to
serve the comprehensive needs of students, including--
(A) homework assistance and after-school programs,
including educational, social, and athletic activities;
(B) nutrition services;
(C) mentoring programs;
(D) family counseling; and
(E) parental training programs.
(e) Eligible Community Identification.--The Secretary
through regulation shall define the criteria necessary to
qualify as an eligible community as defined in subsection
(l)(3).
(f) Grant Eligibility.--To be eligible to receive a grant
under this section, a local entity shall--
(1) identify an eligible community to be assisted;
(2) develop a community planning process that includes--
(A) parents and family members;
(B) local school officials;
(C) teachers employed at schools within the eligible
community;
(D) public housing resident organization members, where
applicable; and
(E) public and private nonprofit organizations that provide
education, child protective services, or other human services
to low-income, at-risk children and their families; and
(3) develop a concentrated strategy for implementation of
the community planning process developed under paragraph (2)
that targets clusters of at-risk children in the eligible
community.
(g) Applications.--
(1) Application required.--To be eligible to receive a
grant under this section, a local entity shall submit an
application to the Secretary at such time, in such manner,
and accompanied by such information, as the Secretary may
reasonably require, and obtain approval of such application.
(2) Contents of application.--Each application submitted
under paragraph (1) shall--
(A) contain a comprehensive plan for the program that is
designed to improve the academic and social development of
at-risk children in schools in the eligible community;
(B) provide evidence of support for accomplishing the
objectives of such plan from--
(i) community leaders;
(ii) a school district;
(iii) local officials; and
(iv) other organizations that the local entity determines
to be appropriate;
(C) provide an assurance that the local entity will use
grant funds received under this subsection to implement the
program requirements listed in subsection (d);
(D) include an estimate of the number of children in the
eligible community expected to be served under the program;
(E) provide an assurance that the local entity will comply
with any evaluation requested under subsection (k), any
research
[[Page 1780]]
effort authorized under Federal law, and any investigation by
the Secretary;
(F) provide an assurance that the local entity shall
prepare and submit to the Secretary an annual report
regarding any program conducted under this section;
(G) provide an assurance that funds made available under
this section shall be used to supplement, not supplant, other
Federal funds that would otherwise be available for
activities funded under this section; and
(H) provide an assurance that the local entity will
maintain separate accounting records for the program.
(3) Priority.--In awarding grants to carry out programs
under this section, the Secretary shall give priority to
local entities which submit applications that demonstrate the
greatest effort in generating local support for the programs.
(h) Peer Review Panel.--
(1) Establishment.--The Secretary shall establish a peer
review panel not to exceed 8 members that shall be comprised
of individuals with demonstrated experience in designing and
implementing programs to improve the academic and social
development of at-risk children.
(2) Functions.--Such panel shall make recommendations to
the Secretary regarding--
(A) an illustrative model that effectively achieves the
program requirements indicated in subsection (d) and a
process whereby local entities can request such model; and
(B) a design for the evaluation of programs assisted under
this section.
(i) Investigations and Inspections.--The Secretary may
conduct such investigations and inspections as may be
necessary to ensure compliance with the provisions of this
section.
(j) Federal Share.--
(1) Payments.--The Secretary shall, subject to the
availability of appropriations, pay to each local entity
having an application approved under subsection (g) the
Federal share of the costs of developing and carrying out
programs referred to in subsection (d).
(2) Federal share.--The Federal share of such costs shall
be 70 percent.
(3) Non-federal share.--
(A) In general.--The non-Federal share of such costs may be
in cash or in kind, fairly evaluated, including personnel,
plant, equipment, and services.
(B) Special rule.--Not less than 15 percent of the non-
Federal share of such costs shall be provided from private or
nonprofit sources.
(k) Evaluation.--The Secretary shall require a thorough
evaluation of the programs assisted under this section, which
shall include an assessment of the academic and social
achievement of children assisted with funds provided under
this section.
(l) Definitions.--For purposes of this section--
(1) the term ``Secretary'' means to the Secretary of the
Department of Education;
(2) the term ``local entity'' means--
(A) a local educational agency, or
(B) a community-based organization as defined in section
1471(3) of the Elementary and Secondary Education Act of
1965;
(3) the term ``eligible community'' means an area which
meets criteria with respect to significant poverty and
significant violent crime, and such additional criteria, as
the Secretary may by regulation require; and
(4) the term ``public school'' means an elementary school
(as defined in section 1471(8) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 2891(8))) and a
secondary school (as defined in section 1471(21) of that
Act).
SEC. 30403. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
carry out this subtitle--
(1) $37,000,000 for fiscal year 1995;
(2) $103,500,000 for fiscal year 1996;
(3) $121,500,000 for fiscal year 1997;
(4) $153,000,000 for fiscal year 1998;
(5) $193,500,000 for fiscal year 1999; and
(6) $201,500,000 for fiscal year 2000.
(b) Programs.--Of the amounts appropriated under subsection
(a) for any fiscal year--
(1) 70 percent shall be made available to carry out section
30401; and
(2) 30 percent shall be made available to carry out section
30402.
Subtitle G--Assistance for Delinquent and At-Risk Youth
SEC. 30701. GRANT AUTHORITY.
(a) Grants.--
(1) In general.--In order to prevent the commission of
crimes or delinquent acts by juveniles, the Attorney General
may make grants to public or private nonprofit organizations
to support the development and operation of projects to
provide residential services to youth, aged 11 to 19, who--
(A) have dropped out of school;
(B) have come into contact with the juvenile justice
system; or
(C) are at risk of dropping out of school or coming into
contact with the juvenile justice system.
(2) Consultation with the ounce of prevention council.--The
Attorney General may consult with the Ounce of Prevention
Council in making grants under paragraph (1).
(3) Services.--Such services shall include activities
designed to--
(A) increase the self-esteem of such youth;
(B) assist such youth in making healthy and responsible
choices;
(C) improve the academic performance of such youth pursuant
to a plan jointly developed by the applicant and the school
which each such youth attends or should attend; and
(D) provide such youth with vocational and life skills.
(b) Applications.--
(1) In general.--A public agency or private nonprofit
organization which desires a grant under this section shall
submit an application at such time and in such manner as the
Attorney General may prescribe.
(2) Contents.--An application under paragraph (1) shall
include--
(A) a description of the program developed by the
applicant, including the activities to be offered;
(B) a detailed discussion of how such program will prevent
youth from committing crimes or delinquent acts;
(C) evidence that such program--
(i) will be carried out in facilities which meet applicable
State and local laws with regard to safety;
(ii) will include academic instruction, approved by the
State, Indian tribal government, or local educational agency,
which meets or exceeds State, Indian tribal government, and
local standards and curricular requirements; and
(iii) will include instructors and other personnel who
possess such qualifications as may be required by applicable
State or local laws; and
(D) specific, measurable outcomes for youth served by the
program.
(c) Consideration of Applications.--Not later than 60 days
following the submission of applications, the Attorney
General shall--
(1) approve each application and disburse the funding for
each such application; or
(2) disapprove the application and inform the applicant of
such disapproval and the reasons therefor.
(d) Reports.--A grantee under this section shall annually
submit a report to the Attorney General that describes the
activities and accomplishments of such program, including the
degree to which the specific youth outcomes are met.
(e) Definitions.--In this subtitle--
``Indian tribe'' means a tribe, band, pueblo, nation, or
other organized group or community of Indians, including
Alaska Native village (as defined in or established under the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.)), that is recognized as eligible for the special
programs and services provided by the United States to
Indians because of their status as Indians.
``State'' means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin
Islands, American Samoa, Guam, and the Northern Mariana
Islands.
SEC. 30702. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grants under
section 30701--
(1) $5,400,000 for fiscal year 1996;
(2) $6,300,000 for fiscal year 1997;
(3) $7,200,000 for fiscal year 1998;
(4) $8,100,000 for fiscal year 1999; and
(5) $9,000,000 for fiscal year 2000.
Subtitle H--Police Recruitment
SEC. 30801. GRANT AUTHORITY.
(a) Grants.--
(1) In general.--The Attorney General may make grants to
qualified community organizations to assist in meeting the
costs of qualified programs which are designed to recruit and
retain applicants to police departments.
(2) Consultation with the ounce of prevention council.--The
Attorney General may consult with the Ounce of Prevention
Council in making grants under paragraph (1).
(b) Qualified Community Organizations.--An organization is
a qualified community organization which is eligible to
receive a grant under subsection (a) if the organization--
(1) is a nonprofit organization; and
(2) has training and experience in--
(A) working with a police department and with teachers,
counselors, and similar personnel,
(B) providing services to the community in which the
organization is located,
(C) developing and managing services and techniques to
recruit individuals to become members of a police department
and to assist such individuals in meeting the membership
requirements of police departments,
(D) developing and managing services and techniques to
assist in the retention of applicants to police departments,
and
(E) developing other programs that contribute to the
community.
(c) Qualified Programs.--A program is a qualified program
for which a grant may be made under subsection (a) if the
program is designed to recruit and train individuals from
underrepresented neighborhoods and localities and if--
(1) the overall design of the program is to recruit and
retain applicants to a police department;
(2) the program provides recruiting services which include
tutorial programs to enable individuals to meet police force
academic requirements and to pass entrance examinations;
(3) the program provides counseling to applicants to police
departments who may encounter problems throughout the
application process; and
(4) the program provides retention services to assist in
retaining individuals to stay in the application process of a
police department.
[[Page 1781]]
(d) Applications.--To qualify for a grant under subsection
(a), a qualified organization shall submit an application to
the Attorney General in such form as the Attorney General may
prescribe. Such application shall--
(1) include documentation from the applicant showing--
(A) the need for the grant;
(B) the intended use of grant funds;
(C) expected results from the use of grant funds; and
(D) demographic characteristics of the population to be
served, including age, disability, race, ethnicity, and
languages used; and
(2) contain assurances satisfactory to the Attorney General
that the program for which a grant is made will meet the
applicable requirements of the program guidelines prescribed
by the Attorney General under subsection (i).
(e) Action by the Attorney General.--Not later than 60 days
after the date that an application for a grant under
subsection (a) is received, the Attorney General shall
consult with the police department which will be involved
with the applicant and shall--
(1) approve the application and disburse the grant funds
applied for; or
(2) disapprove the application and inform the applicant
that the application is not approved and provide the
applicant with the reasons for the disapproval.
(f) Grant Disbursement.--The Attorney General shall
disburse funds under a grant under subsection (a) in
accordance with regulations of the Attorney General which
shall ensure--
(1) priority is given to applications for areas and
organizations with the greatest showing of need;
(2) that grant funds are equitably distributed on a
geographic basis; and
(3) the needs of underserved populations are recognized and
addressed.
(g) Grant Period.--A grant under subsection (a) shall be
made for a period not longer than 3 years.
(h) Grantee Reporting.--(1) For each year of a grant period
for a grant under subsection (a), the recipient of the grant
shall file a performance report with the Attorney General
explaining the activities carried out with the funds received
and assessing the effectiveness of such activities in meeting
the purpose of the recipient's qualified program.
(2) If there was more than one recipient of a grant, each
recipient shall file such report.
(3) The Attorney General shall suspend the funding of a
grant, pending compliance, if the recipient of the grant does
not file the report required by this subsection or uses the
grant for a purpose not authorized by this section.
(i) Guidelines.--The Attorney General shall, by regulation,
prescribe guidelines on content and results for programs
receiving a grant under subsection (a). Such guidelines shall
be designed to establish programs which will be effective in
training individuals to enter instructional programs for
police departments and shall include requirements for--
(1) individuals providing recruiting services;
(2) individuals providing tutorials and other academic
assistance programs;
(3) individuals providing retention services; and
(4) the content and duration of recruitment, retention, and
counseling programs and the means and devices used to
publicize such programs.
SEC. 30802. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grants under
section 30801--
(1) $2,000,000 for fiscal year 1996;
(2) $4,000,000 for fiscal year 1997;
(3) $5,000,000 for fiscal year 1998;
(4) $6,000,000 for fiscal year 1999; and
(5) $7,000,000 for fiscal year 2000.
Subtitle J--Local Partnership Act
SEC. 31001. ESTABLISHMENT OF PAYMENT PROGRAM.
(a) Establishment of Program.--Title 31, United States
Code, is amended by inserting after chapter 65 the following
new chapter:
``CHAPTER 67--FEDERAL PAYMENTS
``Sec.
``6701. Payments to local governments.
``6702. Local Government Fiscal Assistance Fund.
``6703. Qualification for payment.
``6704. State area allocations; allocations and payments to territorial
governments.
``6705. Local government allocations.
``6706. Income gap multiplier.
``6707. State variation of local government allocations.
``6708. Adjustments of local government allocations.
``6709. Information used in allocation formulas.
``6710. Public participation.
``6711. Prohibited discrimination.
``6712. Discrimination proceedings.
``6713. Suspension and termination of payments in discrimination
proceedings.
``6714. Compliance agreements.
``6715. Enforcement by the Attorney General of prohibitions on
discrimination.
``6716. Civil action by a person adversely affected.
``6717. Judicial review.
``6718. Investigations and reviews.
``6719. Reports.
``6720. Definitions, application, and administration.
``Sec. 6701. Payments to local governments
``(a) Payment and Use.--
``(1) Payment.--The Secretary shall pay to each unit of
general local government which qualifies for a payment under
this chapter an amount equal to the sum of any amounts
allocated to the government under this chapter for each
payment period. The Secretary shall pay such amount out of
the Local Government Fiscal Assistance Fund under section
6702.
``(2) Use.--Amounts paid to a unit of general local
government under this section shall be used by that unit for
carrying out one or more programs of the unit related to--
``(A) education to prevent crime;
``(B) substance abuse treatment to prevent crime; or
``(C) job programs to prevent crime.
``(3) Coordination.--Programs funded under this title shall
be coordinated with other existing Federal programs to meet
the overall needs of communities that benefit from funds
received under this section.
``(b) Timing of Payments.--The Secretary shall pay each
amount allocated under this chapter to a unit of general
local government for a payment period by the later of 90 days
after the date the amount is available or the first day of
the payment period provided that the unit of general local
government has provided the Secretary with the assurances
required by section 6703(d).
``(c) Adjustments.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall adjust a payment under this chapter to a unit of
general local government to the extent that a prior payment
to the government was more or less than the amount required
to be paid.
``(2) Considerations.--The Secretary may increase or
decrease under this subsection a payment to a unit of local
government only if the Secretary determines the need for the
increase or decrease, or the unit requests the increase or
decrease, within one year after the end of the payment period
for which the payment was made.
``(d) Reservation for Adjustments.--The Secretary may
reserve a percentage of not more than 2 percent of the amount
under this section for a payment period for all units of
general local government in a State if the Secretary
considers the reserve is necessary to ensure the availability
of sufficient amounts to pay adjustments after the final
allocation of amounts among the units of general local
government in the State.
``(e) Repayment of Unexpended Amounts.--
``(1) Repayment required.--A unit of general local
government shall repay to the Secretary, by not later than 15
months after receipt from the Secretary, any amount that is--
``(A) paid to the unit from amounts appropriated under the
authority of this section; and
``(B) not expended by the unit within one year after
receipt from the Secretary.
``(2) Penalty for failure to repay.--If the amount required
to be repaid is not repaid, the Secretary shall reduce
payments in future payment periods accordingly.
``(3) Deposit of amounts repaid.--Amounts received by the
Secretary as repayments under this subsection shall be
deposited in the Local Government Fiscal Assistance Fund for
future payments to units of general local government.
``(f) Expenditure With Disadvantaged Business
Enterprises.--
``(1) General rule.--Of amounts paid to a unit of general
local government under this chapter for a payment period, not
less than 10 percent of the total combined amounts obligated
by the unit for contracts and subcontracts shall be expended
with--
``(A) small business concerns controlled by socially and
economically disadvantaged individuals and women; and
``(B) historically Black colleges and universities and
colleges and universities having a student body in which more
than 20 percent of the students are Hispanic Americans or
Native Americans.
``(2) Exception.--Paragraph (1) shall not apply to amounts
paid to a unit of general local government to the extent the
unit determines that the paragraph does not apply through a
process that provides for public participation.
``(3) Definitions.--For purposes of this subsection--
``(A) the term `small business concern' has the meaning
such term has under section 3 of the Small Business Act; and
``(B) the term `socially and economically disadvantaged
individuals' has the meaning such term has under section 8(d)
of the Small Business Act and relevant subcontracting
regulations promulgated pursuant to that section.
``(g) Nonsupplanting Requirement.--
``(1) In general.--Funds made available under this chapter
to units of local government shall not be used to supplant
State or local funds, but will be used to increase the amount
of funds that would, in the absence of funds under this
chapter, be made available from State or local sources.
``(2) Base level amount.--The total level of funding
available to a unit of local government for accounts serving
eligible purposes under this chapter in the fiscal year
immediately preceding receipt of a grant under this chapter
shall be designated the `base level account' for the fiscal
year in which grant is received. Grants under this chapter in
a given fiscal year shall be reduced on a dollar for dollar
basis to the ex-
[[Page 1782]]
tent that a unit of local government reduces its base level
account in that fiscal year.
``Sec. 6702. Local Government Fiscal Assistance Fund
``(a) Administration of Fund.--The Department of the
Treasury has a Local Government Fiscal Assistance Fund, which
consists of amounts appropriated to the Fund.
``(b) Authorization of Appropriations.--There are
authorized to be appropriated to the Fund--
``(1) $270,000,000 for fiscal year 1996;
``(2) $283,500,000 for fiscal year 1997;
``(3) $355,500,000 for fiscal year 1998;
``(4) $355,500,000 for fiscal year 1999; and
``(5) $355,500,000 for fiscal year 2000.
Such sums are to remain available until expended.
``(c) Administrative Costs.--Up to 2.5 percent of the
amount authorized to be appropriated under subsection (b) is
authorized to be appropriated for the period fiscal year 1995
through fiscal year 2000 to be available for administrative
costs by the Secretary in furtherance of the purposes of the
program. Such sums are to remain available until expended.
``Sec. 6703. Qualification for payment
``(a) In General.--The Secretary shall issue regulations
establishing procedures under which eligible units of general
local government are required to provide notice to the
Secretary of the units' proposed use of assistance under this
chapter. Subject to subsection (c), the assistance provided
shall be used, in amounts determined by the unit, for
activities under, or for activities that are substantially
similar to an activity under, 1 or more of the following
programs and the notice shall identify 1 or more of the
following programs for each such use:
``(1) The Drug Abuse Resistance Education Program under
section 5122 of the Elementary and Secondary Education Act of
1965.
``(2) The National Youth Sports Program under section 682
of the Community Services Block Grant Act (Public Law 97-35)
as amended by section 205, Public Law 103-252.
``(3) The Gang Resistance Education and Training Program
under the Act entitled `An Act making appropriations for the
Treasury Department, the United States Postal Service, the
Executive Office of the President, and certain Independent
Agencies, for the fiscal year ending September 30, 1991, and
for other purposes', approved November 5, 1990 (Public Law
101-509).
``(4) Programs under title II or IV of the Job Training
Partnership Act (29 U.S.C. 1601 et seq.).
``(5) Programs under subtitle C of title I of the National
and Community Service Act of 1990 (42 U.S.C. 12571 et seq.)
as amended.
``(6) Programs under the School to Work Opportunities Act
(Public Law 103-239).
``(7) Substance Abuse Treatment and Prevention programs
authorized under title V or XIX of the Public Health Services
Act (43 U.S.C. 201 et seq.).
``(8) Programs under the Head Start Act (42 U.S.C. 9831 et
seq.).
``(9) Programs under part A or B of chapter 1 of title I of
the Elementary and Secondary Education Act of 1965.
``(10) The TRIO programs under part A of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
``(11) Programs under the National Literacy Act of 1991.
``(12) Programs under the Carl Perkins Vocational
Educational and Applied Technology Education Act (20 U.S.C.
2301 et seq.).
``(13) The demonstration partnership programs including the
community initiative targeted to minority youth under section
203 of the Human Services Reauthorization of 1994 (Public Law
103-232).
``(14) The runaway and homeless youth program and the
transitional living program for homeless youth under title
III of the Juvenile Justice and Delinquency Prevention Act
(Public Law 102-586).
``(15) The family support program under subtitle F of title
VII of the Stewart B. McKinney Homeless Assistance Act (42
U.S.C. 1148 et seq.).
``(16) After-school activities for school aged children
under the Child Care and Development Block Grant Act (42
U.S.C. 9858 et seq.).
``(17) The community-based family resource programs under
section 401 of the Human Services Reauthorization Act of 1994
(Public Law 103-232).
``(18) The family violence programs under the Child Abuse
Prevention and Treatment Act Amendments of 1984.
``(19) Job training programs administered by the Department
of Agriculture, the Department of Defense, or the Department
of Housing and Urban Development.
``(b) Notice to Agency.--Upon receipt of notice under
subsection (a) from an eligible unit of general local
government, the Secretary shall notify the head of the
appropriate Federal agency for each program listed in
subsection (a) that is identified in the notice as a program
under which an activity will be conducted with assistance
under this chapter. The notification shall state that the
unit has elected to use some or all of its assistance under
this chapter for activities under that program. The head of a
Federal agency that receives such a notification shall ensure
that such use is in compliance with the laws and regulations
applicable to that program, except that any requirement to
provide matching funds shall not apply to that use.
``(c) Alternative Uses of Funds.--
``(1) Alternative uses authorized.--In lieu of, or in
addition to, use for an activity described in subsection (a)
and notice for that use under subsection (a), an eligible
unit of general local government may use assistance under
this chapter, and shall provide notice of that use to the
Secretary under subsection (a), for any other activity that
is consistent with 1 or more of the purposes described in
section 6701(a)(2).
``(2) Notice deemed to describe consistent use.--Notice by
a unit of general local government that it intends to use
assistance under this chapter for an activity other than an
activity described in subsection (a) is deemed to describe an
activity that is consistent with 1 or more of the purposes
described in section 6701(a)(2) unless the Secretary provides
to the unit, within 30 days after receipt of that notice of
intent from the unit, written notice (including an
explanation) that the use is not consistent with those
purposes.
``(d) General Requirements for Qualification.--A unit of
general local government qualifies for a payment under this
chapter for a payment period only after establishing to the
satisfaction of the Secretary that--
``(1) the government will establish a trust fund in which
the government will deposit all payments received under this
chapter;
``(2) the government will use amounts in the trust fund
(including interest) during a reasonable period;
``(3) the government will expend the payments so received,
in accordance with the laws and procedures that are
applicable to the expenditure of revenues of the government;
``(4) if at least 25 percent of the pay of individuals
employed by the government in a public employee occupation is
paid out of the trust fund, individuals in the occupation any
part of whose pay is paid out of the trust fund will receive
pay at least equal to the prevailing rate of pay for
individuals employed in similar public employee occupations
by the government;
``(5) All laborers and mechanics employed by contractors or
subcontractors in the performance of any contract and
subcontract for the repair, renovation, alteration, or
construction, including painting and decorating, of any
building or work that is financed in whole or in part by a
grant under this title, shall be paid wages not less than
those determined by the Secretary of Labor in accordance with
the Act of March 3, 1931 (commonly known as the Davis-Bacon
Act); as amended (40 U.S.C. 276a-276a-5). The Secretary of
Labor shall have the authority and functions set forth in
reorganization plan of No. 14 of 1950 (15 FR 3176; 64 Stat.
1267) and section 2 of the Act of June 1, 1934 (commonly
known as the Copeland Anti-Kickback Act) as amended (40
U.S.C. 276c, 48 Stat. 948).
``(5) the government will use accounting, audit, and fiscal
procedures that conform to guidelines which shall be
prescribed by the Secretary after consultation with the
Comptroller General of the United States. As applicable,
amounts received under this chapter shall be audited in
compliance with the Single Audit Act of 1984;
``(6) after reasonable notice to the government, the
government will make available to the Secretary and the
Comptroller General of the United States, with the right to
inspect, records the Secretary reasonably requires to review
compliance with this chapter or the Comptroller General of
the United States reasonably requires to review compliance
and operations under section 6718(b);
``(7) the government will make reports the Secretary
reasonably requires, in addition to the annual reports
required under section 6719(b); and
``(8) the government will spend the funds only for the
purposes set forth in section 6701(a)(2).
``(e) Review by Governors.--A unit of general local
government shall give the chief executive officer of the
State in which the government is located an opportunity for
review and comment before establishing compliance with
subsection (d).
``(f) Sanctions for Noncompliance.--
``(1) In general.--If the Secretary decides that a unit of
general local government has not complied substantially with
subsection (d) or regulations prescribed under subsection
(d), the Secretary shall notify the government. The notice
shall state that if the government does not take corrective
action by the 60th day after the date the government receives
the notice, the Secretary will withhold additional payments
to the government for the current payment period and later
payment periods until the Secretary is satisfied that the
government--
``(A) has taken the appropriate corrective action; and
``(B) will comply with subsection (d) and regulations
prescribed under subsection (d).
``(2) Notice.--Before giving notice under paragraph (1),
the Secretary shall give the chief executive officer of the
unit of general local government reasonable notice and an
opportunity for comment.
``(3) Payment conditions.--The Secretary may make a payment
to a unit of general local government notified under
paragraph (1) only if the Secretary is satisfied that the
government--
``(A) has taken the appropriate corrective action; and
``(B) will comply with subsection (d) and regulations
prescribed under subsection (d).
``Sec. 6704. State area allocations; allocations and payments
to territorial governments
``(a) Formula Allocation by State.--For each payment
period, the Secretary shall allocate to each State out of the
amount appropriated for the period under the authority
[[Page 1783]]
of section 6702(b) (minus the amounts allocated to
territorial governments under subsection (e) for the payment
period) an amount bearing the same ratio to the amount
appropriated (minus such amounts allocated under subsection
(e)) as the amount allocated to the State under this section
bears to the total amount allocated to all States under this
section. The Secretary shall--
``(1) determine the amount allocated to the State under
subsection (b) or (c) of this section and allocate the larger
amount to the State; and
``(2) allocate the amount allocated to the State to units
of general local government in the State under sections 6705
and 6706.
``(b) General Formula.--
``(1) In general.--For the payment period beginning October
1, 1994, the amount allocated to a State under this
subsection for a payment period is the amount bearing the
same ratio to $5,300,000,000 as--
``(A) the population of the State, multiplied by the
general tax effort factor of the State (determined under
paragraph (2)), multiplied by the relative income factor of
the State (determined under paragraph (3)), multiplied by the
relative rate of the labor force unemployed in the State
(determined under paragraph (4)); bears to
``(B) the sum of the products determined under subparagraph
(A) of this paragraph for all States.
``(2) General tax effort factor.--The general tax effort
factor of a State for a payment period is--
``(A) the net amount of State and local taxes of the State
collected during the year 1991 as reported by the Bureau of
the Census in the publication Government Finances 1990-1991;
divided by
``(B) the total income of individuals, as determined by the
Secretary of Commerce for national accounts purposes for 1992
as reported in the publication Survey of Current Business
(August 1993), attributed to the State for the same year.
``(3) Relative income factor.--The relative income factor
of a State is a fraction in which--
``(A) the numerator is the per capita income of the United
States; and
``(B) the denominator is the per capita income of the
State.
``(4) Relative rate of labor force.--The relative rate of
the labor force unemployed in a State is a fraction in
which--
``(A) the numerator is the percentage of the labor force of
the State that is unemployed in the calendar year preceding
the payment period (as determined by the Secretary of Labor
for general statistical purposes); and
``(B) the denominator is the percentage of the labor force
of the United States that is unemployed in the calendar year
preceding the payment period (as determined by the Secretary
of Labor for general statistical purposes).
``(c) Alternative Formula.--For the payment period
beginning October 1, 1994, the amount allocated to a State
under this subsection for a payment period is the total
amount the State would receive if--
``(1) $1,166,666,667 were allocated among the States on the
basis of population by allocating to each State an amount
bearing the same ratio to the total amount to be allocated
under this paragraph as the population of the State bears to
the population of all States;
``(2) $1,166,666,667 were allocated among the States on the
basis of population inversely weighted for per capita income,
by allocating to each State an amount bearing the same ratio
to the total amount to be allocated under this paragraph as--
``(A) the population of the State, multiplied by a fraction
in which--
``(i) the numerator is the per capita income of all States;
and
``(ii) the denominator is the per capita income of the
State; bears to
``(B) the sum of the products determined under subparagraph
(A) for all States;
``(3) $600,000,000 were allocated among the States on the
basis of income tax collections by allocating to each State
an amount bearing the same ratio to the total amount to be
allocated under this paragraph as the income tax amount of
the State (determined under subsection (d)(1)) bears to the
sum of the income tax amounts of all States;
``(4) $600,000,000 were allocated among the States on the
basis of general tax effort by allocating to each State an
amount bearing the same ratio to the total amount to be
allocated under this paragraph as the general tax effort
amount of the State (determined under subsection (d)(2))
bears to the sum of the general tax effort amounts of all
States;
``(5) $600,000,000 were allocated among the States on the
basis of unemployment by allocating to each State an amount
bearing the same ratio to the total amount to be allocated
under this paragraph as--
``(A) the labor force of the State, multiplied by a
fraction in which--
``(i) the numerator is the percentage of the labor force of
the State that is unemployed in the calendar year preceding
the payment period (as determined by the Secretary of Labor
for general statistical purposes); and
``(ii) the denominator is the percentage of the labor force
of the United States that is unemployed in the calendar year
preceding the payment period (as determined by the Secretary
of Labor for general statistical purposes)
bears to
``(B) the sum of the products determined under subparagraph
(A) for all States; and
``(6) $1,166,666,667 were allocated among the States on the
basis of urbanized population by allocating to each State an
amount bearing the same ratio to the total amount to be
allocated under this paragraph as the urbanized population of
the State bears to the urbanized population of all States. In
this paragraph, the term `urbanized population' means the
population of an area consisting of a central city or cities
of at least 50,000 inhabitants and the surrounding closely
settled area for the city or cities considered as an
urbanized area as published by the Bureau of the Census for
1990 in the publication General Population Characteristics
for Urbanized Areas.
``(d) Income Tax Amount and Tax Effort Amount.--
``(1) Income tax amount.--The income tax amount of a State
for a payment period is 15 percent of the net amount
collected during the calendar year ending before the
beginning of the payment period from the tax imposed on the
income of individuals by the State and described as a State
income tax under section 164(a)(3) of the Internal Revenue
Code of 1986 (26 U.S.C. 164(a)(3)). The income tax amount for
a payment period shall be at least 1 percent but not more
than 6 percent of the United States Government individual
income tax liability attributed to the State for the taxable
year ending during the last calendar year ending before the
beginning of the payment period. The Secretary shall
determine the Government income tax liability attributed to
the State by using the data published by the Secretary for
1991 in the publication Statistics of Income Bulletin (Winter
1993-1994).
``(2) General tax effort amount.--The general tax effort
amount of a State for a payment period is the amount
determined by multiplying--
``(A) the net amount of State and local taxes of the State
collected during the year 1991 as reported in the Bureau of
Census in the publication Government Finances 1990-1991; and
``(B) the general tax effort factor of the State determined
under subsection (b)(2).
``(e) Allocation for Puerto Rico, Guam, American Samoa, and
the Virgin Islands.--
``(1) In general.--(A) For each payment period for which
funds are available for allocation under this chapter, the
Secretary shall allocate to each territorial government an
amount equal to the product of 1 percent of the amount of
funds available for allocation multiplied by the applicable
territorial percentage.
``(B) For the purposes of this paragraph, the applicable
territorial percentage of a territory is equal to the
quotient resulting from the division of the territorial
population of such territory by the sum of the territorial
population for all territories.
``(2) Payments to local governments.--The governments of
the territories shall make payments to local governments
within their jurisdiction from sums received under this
subsection as they consider appropriate.
``(3) Definitions.--For purposes of this subsection--
``(A) the term `territorial government' means the
government of a territory;
``(B) the term `territory' means Puerto Rico, Guam,
American Samoa, and the Virgin Islands; and
``(C) the term `territorial population' means the most
recent population for each territory as determined by the
Bureau of Census.
``Sec. 6705. Local government allocations
``(a) Indian Tribes and Alaskan Natives Villages.--If there
is in a State an Indian tribe or Alaskan native village
having a recognized governing body carrying out substantial
governmental duties and powers, the Secretary shall allocate
to the tribe or village, out of the amount allocated to the
State under section 6704, an amount bearing the same ratio to
the amount allocated to the State as the population of the
tribe or village bears to the population of the State. The
Secretary shall allocate amounts under this subsection to
Indian tribes and Alaskan native villages in a State before
allocating amounts to units of general local government in
the State under subsection (c). For the payment period
beginning October 1, 1994, the Secretary shall use as the
population of each Indian tribe or Alaskan native village the
population for 1991 as reported by the Bureau of Indian
Affairs in the publication Indian Service Population and
Labor Force Estimates (January 1991). In addition to uses
authorized under section 6701(a)(2), amounts allocated under
this subsection and paid to an Indian tribe or Alaskan native
village under this chapter may be used for renovating or
building prisons or other correctional facilities.
``(b) Newly Incorporated Local Governments and Annexed
Governments.--If there is in a State a unit of general local
government that has been incorporated since the date of the
collection of the data used by the Secretary in making
allocations pursuant to sections 6704 through 6706 and 6708,
the Secretary shall allocate to this newly incorporated local
government, out of the amount allocated to the State under
section 6704, an amount bearing the same ratio to the amount
allocated to the State as the population of the newly
incorporated local government bears to the population of the
State. If there is in the State a unit of general local
government that has been annexed since the date of the
collection of the data used by the Secretary in making
allocations pursuant to sections 6704 through 6706 and
[[Page 1784]]
6708, the Secretary shall pay the amount that would have been
allocated to this local government to the unit of general
local government that annexed it.
``(c) Other Local Government Allocations.--
``(1) In general.--The Secretary shall allocate among the
units of general local government in a State (other than
units receiving allocations under subsection (a)) the amount
allocated to the State under section 6704 (as that amount is
reduced by allocations under subsection (a)). Of the amount
to be allocated, the Secretary shall allocate a portion equal
to \1/2\ of such amount in accordance with section 6706(1),
and shall allocate a portion equal to \1/2\ of such amount in
accordance with section 6706(2). A unit of general local
government shall receive an amount equal to the sum of
amounts allocated to the unit from each portion.
``(2) Ratio.--From each portion to be allocated to units of
local government in a State under paragraph (1), the
Secretary shall allocate to a unit an amount bearing the same
ratio to the funds to be allocated as--
``(A) the population of the unit, multiplied by the general
tax effort factor of the unit (determined under paragraph
(3)), multiplied by the income gap of the unit (determined
under paragraph (4)), bears to
``(B) the sum of the products determined under subparagraph
(A) for all units in the State for which the income gap for
that portion under paragraph (4) is greater than zero.
``(3) General tax effort factor.--(A) Except as provided in
subparagraph (C), the general tax effort factor of a unit of
general local government for a payment period is--
``(i) the adjusted taxes of the unit; divided by
``(ii) the total income attributed to the unit.
``(B) If the amount determined under subparagraphs (A) (i)
and (ii) for a unit of general local government is less than
zero, the general tax effort factor of the unit is deemed to
be zero.
``(C)(i) Except as otherwise provided in this subparagraph,
for the payment period beginning October 1, 1994, the
adjusted taxes of a unit of general local government are the
taxes imposed by the unit for public purposes (except
employee and employer assessments and contributions to
finance retirement and social insurance systems and other
special assessments for capital outlay), as determined by the
Bureau of the Census for the 1987 Census of Governments and
adjusted as follows:
``(I) Adjusted taxes equals total taxes times a fraction in
which the numerator is the sum of unrestricted revenues and
revenues dedicated for spending on education minus total
education spending and the denominator is total unrestricted
revenues.
``(II) Total taxes is the sum of property tax; general
sales tax; alcoholic beverage tax; amusement tax; insurance
premium tax; motor fuels tax; parimutuels tax; public
utilities tax; tobacco tax; other selective sales tax;
alcoholic beverage licenses, amusement licenses; corporation
licenses, hunting and fishing licenses; motor vehicle
licenses; motor vehicle operator licenses; public utility
licenses; occupation and business licenses, not elsewhere
classified; other licenses, individual income tax;
corporation net income tax; death and gift tax; documentary
and stock transfer tax; severance tax; and taxes not
elsewhere classified.
``(III) Unrestricted revenues is the sum of total taxes and
intergovernmental revenue from Federal Government, general
revenue sharing; intergovernmental revenue from Federal
Government, other general support; intergovernmental revenue
from Federal Government, other; intergovernmental revenue
from State government, other general support;
intergovernmental revenue from State government, other;
intergovernmental revenue from local governments, other
general support; intergovernmental revenue from local
governments, other; miscellaneous general revenue, property
sale-housing and community development; miscellaneous general
revenue, property sale-other property; miscellaneous general
revenue, interest earnings on investments; miscellaneous
general revenue, fines and forfeits; miscellaneous general
revenue, rents; miscellaneous general revenues, royalties;
miscellaneous general revenue, donations from private
sources; miscellaneous general revenue, net lottery revenue
(after prizes and administrative expenses); miscellaneous
general revenue, other miscellaneous general revenue; and all
other general charges, not elsewhere classified.
``(IV) Revenues dedicated for spending on education is the
sum of elementary and secondary education, school lunch;
elementary and secondary education, tuition; elementary and
secondary education, other; higher education, auxiliary
enterprises; higher education, other; other education, not
elsewhere classified; intergovernmental revenue from Federal
Government, education; intergovernmental revenue from State
government, education; intergovernmental revenue from local
governments, interschool system revenue; intergovernmental
revenue from local governments, education; interest earnings,
higher education; interest earnings, elementary and secondary
education; miscellaneous revenues, higher education; and
miscellaneous revenues, elementary and secondary education.
``(V) Total education spending is the sum of elementary and
secondary education, current operations; elementary and
secondary education, construction; elementary and secondary
education, other capital outlays; elementary and secondary
education, to State governments; elementary and secondary
education, to local governments, not elsewhere classified;
elementary and secondary education, to counties; elementary
and secondary education, to municipalities; elementary and
secondary education, to townships; elementary and secondary
education, to school districts; elementary and secondary
education, to special districts; higher education-auxiliary
enterprises, current operations; higher education-auxiliary
enterprises, construction; higher education, auxiliary
enterprises, other capital outlays; other higher education,
current operations; other higher education, construction;
other higher education, other capital outlays; other higher
education, to State government; other higher education, to
local governments, not elsewhere classified; other higher
education, to counties; other higher education, to
municipalities; other higher education, to townships; other
higher education, to school districts; other higher
education, to special districts; education assistance and
subsidies; education, not elsewhere classified, current
operations; education, not elsewhere classified, construction
education, not elsewhere classified, other capital outlays;
education, not elsewhere classified, to State government;
education, not elsewhere classified, to local governments,
not elsewhere classified; education, not elsewhere
classified, to counties; education, not elsewhere classified,
to municipalities; education, not elsewhere classified, to
townships; education, not elsewhere classified, to school
districts; education, not elsewhere classified, to special
districts; and education, not elsewhere classified, to
Federal Government.
``(VI) If the amount of adjusted taxes is less than zero,
the amount of adjusted tax shall be deemed to be zero.
``(VII) If the amount of adjusted taxes exceeds the amount
of total taxes, the amount of adjusted taxes is deemed to
equal the amount of total taxes.
``(ii) The Secretary shall, for purposes of clause (i),
include that part of sales taxes transferred to a unit of
general local government that are imposed by a county
government in the geographic area of which is located the
unit of general local government as taxes imposed by the unit
for public purposes if--
``(I) the county government transfers any part of the
revenue from the taxes to the unit of general local
government without specifying the purpose for which the unit
of general local government may expend the revenue; and
``(II) the chief executive officer of the State notifies
the Secretary that the taxes satisfy the requirements of this
clause.
``(iii) The adjusted taxes of a unit of general local
government shall not exceed the maximum allowable adjusted
taxes for that unit.
``(iv) The maximum allowable adjusted taxes for a unit of
general local government is the allowable adjusted taxes of
the unit minus the excess adjusted taxes of the unit.
``(v) The allowable adjusted taxes of a unit of general
government is the greater of--
``(I) the amount equal to 2.5, multiplied by the per capita
adjusted taxes of all units of general local government of
the same type in the State, multiplied by the population of
the unit; or
``(II) the amount equal to the population of the unit,
multiplied by the sum of the adjusted taxes of all units of
municipal local government in the State, divided by the sum
of the populations of all the units of municipal local
government in the State.
``(vi) The excess adjusted taxes of a unit of general local
government is the amount equal to--
``(I) the adjusted taxes of the unit, minus
``(II) 1.5 multiplied by the allowable adjusted taxes of
the unit;
except that if this amount is less than zero then the excess
adjusted taxes of the unit is deemed to be zero.
``(vii) For purposes of this subparagraph--
``(I) the term `per capita adjusted taxes of all units of
general local government of the same type' means the sum of
the adjusted taxes of all units of general local government
of the same type divided by the sum of the populations of all
units of general local government of the same type; and
``(II) the term `units of general local government of the
same type' means all townships if the unit of general local
government is a township, all municipalities if the unit of
general local government is a municipality, all counties if
the unit of general local government is a county, or all
unified city/county governments if the unit of general local
government is a unified city/county government.
``(4) Income gap.--(A) Except as provided in subparagraph
(B), the income gap of a unit of general local government
is--
``(i) the number which applies under section 6706,
multiplied by the per capita income of the State in which the
unit is located; minus
``(ii) the per capita income of the geographic area of the
unit.
``(B) If the amount determined under subparagraph (A) for a
unit of general local government is less than zero, then the
relative income factor of the unit is deemed to be zero.
``(d) Small Government Allocations.--If the Secretary
decides that information available for a unit of general
local government with a population below a number (of not
more than 500) prescribed by the Secretary is inadequate, the
Secretary may allocate to the unit, in lieu of any allocation
under subsection (b) for a payment period, an
[[Page 1785]]
amount bearing the same ratio to the total amount to be
allocated under subsection (b) for the period for all units
of general local government in the State as the population of
the unit bears to the population of all units in the State.
``Sec. 6706. Income gap multiplier
``For purposes of determining the income gap of a unit of
general local government under section 6705(b)(4)(A), the
number which applies is--
``(1) 1.6, with respect to \1/2\ of any amount allocated
under section 6704 to the State in which the unit is located;
and
``(2) 1.2, with respect to the remainder of such amount.
``Sec. 6707. State variation of local government allocations
``(a) State Formula.--A State government may provide by law
for the allocation of amounts among units of general local
government in the State on the basis of population multiplied
by the general tax effort factors or income gaps of the units
of general local government determined under sections 6705
(a) and (b) or a combination of those factors. A State
government providing for a variation of an allocation formula
provided under sections 6705 (a) and (b) shall notify the
Secretary of the variation by the 30th day before the
beginning of the first payment period in which the variation
applies. A variation shall--
``(1) provide for allocating the total amount allocated
under sections 6705 (a) and (b); and
``(2) apply uniformly in the State.
``(b) Certification.--A variation by a State government
under this section may apply only if the Secretary certifies
that the variation complies with this section. The Secretary
may certify a variation only if the Secretary is notified of
the variation at least 30 days before the first payment
period in which the variation applies.
``Sec. 6708. Adjustments of local government allocations
``(a) Maximum Amount.--The amount allocated to a unit of
general local government for a payment period may not exceed
the adjusted taxes imposed by the unit of general local
government as determined under section 6705(b)(3). Amounts in
excess of adjusted taxes shall be paid to the Governor of the
State in which the unit of local government is located.
``(b) De Minimis Allocations to Units of General Local
Government.--If the amount allocated to a unit of general
local government (except an Indian tribe or an Alaskan native
village) for a payment period would be less than $5,000 but
for this subsection or is waived by the governing authority
of the unit of general local government, the Secretary shall
pay the amount to the Governor of the State in which the unit
is located.
``(c) Use of Payments to States.--The Governor of a State
shall use all amounts paid to the Governor under subsections
(a) and (b) for programs described in section 6701(a)(2) in
areas of the State where are located the units of general
local government with respect to which amounts are paid under
subsection (b).
``(d) De Minimis Allocations to Indian Tribes and Alaskan
Native Villages.--
``(1) Aggregation of de minimis allocations.--If the amount
allocated to an Indian tribe or an Alaskan native village for
a payment period would be less than $5,000 but for this
subsection or is waived by the chief elected official of the
tribe or village, the amount--
``(A) shall not be paid to the tribe or village (except
under paragraph (2)); and
``(B) shall be aggregated with other such amounts and
available for use by the Attorney General under paragraph
(2).
``(2) Use of aggregated amounts.--Amounts aggregated under
paragraph (1) for a payment period shall be available for use
by the Attorney General to make grants in the payment period
on a competitive basis to Indian Tribes and Alaskan native
village for--
``(A) programs described in section 6701(a)(2); or
``(B) renovating or building prisons or other correctional
facilities.
``Sec. 6709. Information used in allocation formulas
``(a) Population Data for Payment Period Beginning October
1, 1994.--For the payment period beginning October 1, 1994,
the Secretary, in making allocations pursuant to sections
6704 through 6706 and 6708, shall use for the population of
the States the population for 1992 as reported by the Bureau
of the Census in the publication Current Population Reports,
Series P-25, No. 1045 (July 1992) and for the population of
units of general local government the Secretary shall use the
population for 1990 as reported by the Bureau of the Census
in the publication Summary Social, Economic, and Housing
Characteristics.
``(b) Data for Payment Periods Beginning After September
30, 1995.--For any payment period beginning after September
30, 1995, the Secretary, in making allocations pursuant to
sections 6704 through 6706 and 6708, shall use information
more recent than the information used for the payment period
beginning October 1, 1994, provided the Secretary notifies
the Committee on Government Operations of the House of
Representatives at least 90 days prior to the beginning of
the payment period that the Secretary has determined that the
more recent information is more reliable than the information
used for the payment period beginning October 1, 1994.
``Sec. 6710. Public participation
``(a) Hearings.--
``(1) In general.--A unit of general local government
expending payments under this chapter shall hold at least one
public hearing on the proposed use of the payment in relation
to its entire budget. At the hearing, persons shall be given
an opportunity to provide written and oral views to the
governmental authority responsible for enacting the budget
and to ask questions about the entire budget and the relation
of the payment to the entire budget. The government shall
hold the hearing at a time and a place that allows and
encourages public attendance and participation.
``(2) Senior citizens.--A unit of general local government
holding a hearing required under this subsection or by the
budget process of the government shall try to provide senior
citizens and senior citizen organizations with an opportunity
to present views at the hearing before the government makes a
final decision on the use of the payment.
``(b) Disclosure of Information.--
``(1) In general.--By the 10th day before a hearing
required under subsection (a)(1) is held, a unit of general
local government shall--
``(A) make available for inspection by the public at the
principal office of the government a statement of the
proposed use of the payment and a summary of the proposed
budget of the government; and
``(B) publish in at least one newspaper of general
circulation the proposed use of the payment with the summary
of the proposed budget and a notice of the time and place of
the hearing.
``(2) Availability.--By the 30th day after adoption of the
budget under State or local law, the government shall--
``(A) make available for inspection by the public at the
principal office of the government a summary of the adopted
budget, including the proposed use of the payment; and
``(B) publish in at least one newspaper of general
circulation a notice that the information referred to in
subparagraph (A) is available for inspection.
``(c) Waivers of Requirements.--A requirement--
``(1) under subsection (a)(1) may be waived if the budget
process required under the applicable State or local law or
charter provisions--
``(A) ensures the opportunity for public attendance and
participation contemplated by subsection (a); and
``(B) includes a hearing on the proposed use of a payment
received under this chapter in relation to the entire budget
of the government; and
``(2) under subsection (b)(1)(B) and paragraph (2)(B) may
be waived if the cost of publishing the information would be
unreasonably burdensome in relation to the amount allocated
to the government from amounts available for payment under
this chapter, or if publication is otherwise impracticable.
``(d) Exception to 10-Day Limitation.--If the Secretary is
satisfied that a unit of general local government will
provide adequate notice of the proposed use of a payment
received under this chapter, the 10-day period under
subsection (b)(1) may be changed to the extent necessary to
comply with applicable State or local law.
``Sec. 6711. Prohibited discrimination
``(a) General Prohibition.--No person in the United States
shall be excluded from participating in, be denied the
benefits of, or be subject to discrimination under, a program
or activity of a unit of general local government because of
race, color, national origin, or sex if the government
receives a payment under this chapter.
``(b) Additional Prohibitions.--The following prohibitions
and exemptions also apply to a program or activity of a unit
of general local government if the government receives a
payment under this chapter:
``(1) A prohibition against discrimination because of age
under the Age Discrimination Act of 1975.
``(2) A prohibition against discrimination against an
otherwise qualified handicapped individual under section 504
of the Rehabilitation Act of 1973.
``(3) A prohibition against discrimination because of
religion, or an exemption from that prohibition, under the
Civil Rights Act of 1964 or title VIII of the Act of April
11, 1968 (popularly known as the Civil Rights Act of 1968).
``(c) Limitations on Applicability of Prohibitions.--
Subsections (a) and (b) do not apply if the government shows,
by clear and convincing evidence, that a payment received
under this chapter is not used to pay for any part of the
program or activity with respect to which the allegation of
discrimination is made.
``(d) Investigation Agreements.--The Secretary shall try to
make agreements with heads of agencies of the United States
Government and State agencies to investigate noncompliance
with this section. An agreement shall--
``(1) describe the cooperative efforts to be taken
(including sharing civil rights enforcement personnel and
resources) to obtain compliance with this section; and
``(2) provide for notifying immediately the Secretary of
actions brought by the United States Government or State
agencies against a unit of general local government alleging
a
[[Page 1786]]
violation of a civil rights law or a regulation prescribed
under a civil rights law.
``Sec. 6712. Discrimination proceedings
``(a) Notice of Noncompliance.--By the 10th day after the
Secretary makes a finding of discrimination or receives a
holding of discrimination about a unit of general local
government, the Secretary shall submit a notice of
noncompliance to the government. The notice shall state the
basis of the finding or holding.
``(b) Informal Presentation of Evidence.--A unit of general
local government may present evidence informally to the
Secretary within 30 days after the government receives a
notice of noncompliance from the Secretary. Except as
provided in subsection (e), the government may present
evidence on whether--
``(1) a person in the United States has been excluded or
denied benefits of, or discriminated against under, the
program or activity of the government, in violation of
section 6711(a);
``(2) the program or activity of the government violated a
prohibition described in section 6711(b); and
``(3) any part of that program or activity has been paid
for with a payment received under this chapter.
``(c) Temporary Suspension of Payments.--By the end of the
30-day period under subsection (b), the Secretary shall
decide whether the unit of general local government has not
complied with section 6711 (a) or (b), unless the government
has entered into a compliance agreement under section 6714.
If the Secretary decides that the government has not
complied, the Secretary shall notify the government of the
decision and shall suspend payments to the government under
this chapter unless, within 10 days after the government
receives notice of the decision, the government--
``(1) enters into a compliance agreement under section
6714; or
``(2) requests a proceeding under subsection (d)(1).
``(d) Administrative Review of Suspensions.--
``(1) Proceeding.--A proceeding requested under subsection
(c)(2) shall begin by the 30th day after the Secretary
receives a request for the proceeding. The proceeding shall
be before an administrative law judge appointed under section
3105 of title 5, United States Code. By the 30th day after
the beginning of the proceeding, the judge shall issue a
preliminary decision based on the record at the time on
whether the unit of general local government is likely to
prevail in showing compliance with section 6711 (a) or (b).
``(2) Decision.--If the administrative law judge decides at
the end of a proceeding under paragraph (1) that the unit of
general local government has--
``(A) not complied with section 6711 (a) or (b), the judge
may order payments to the government under this chapter
terminated; or
``(B) complied with section 6711 (a) or (b), a suspension
under section 6713(a)(1)(A) shall be discontinued promptly.
``(3) Likelihood of prevailing.--An administrative law
judge may not issue a preliminary decision that the
government is not likely to prevail if the judge has issued a
decision described in paragraph (2)(A).
``(e) Basis for Review.--In a proceeding under subsections
(b) through (d) on a program or activity of a unit of general
local government about which a holding of discrimination has
been made, the Secretary or administrative law judge may
consider only whether a payment under this chapter was used
to pay for any part of the program or activity. The holding
of discrimination is conclusive. If the holding is reversed
by an appellate court, the Secretary or judge shall end the
proceeding.
``Sec. 6713. Suspension and termination of payments in
discrimination proceedings
``(a) Imposition and Continuation of Suspensions.--
``(1) In general.--The Secretary shall suspend payment
under this chapter to a unit of general local government--
``(A) if an administrative law judge appointed under
section 3105 of title 5, United States Code, issues a
preliminary decision in a proceeding under section 6712(d)(1)
that the government is not likely to prevail in showing
compliance with section 6711 (a) and (b);
``(B) if the administrative law judge decides at the end of
the proceeding that the government has not complied with
section 6711 (a) or (b), unless the government makes a
compliance agreement under section 6714 by the 30th day after
the decision; or
``(C) if required under section 6712(c).
``(2) Effectiveness.--A suspension already ordered under
paragraph (1)(A) continues in effect if the administrative
law judge makes a decision under paragraph (1)(B).
``(b) Lifting of Suspensions and Terminations.--If a
holding of discrimination is reversed by an appellate court,
a suspension or termination of payments in a proceeding based
on the holding shall be discontinued.
``(c) Resumption of Payments Upon Attaining Compliance.--
The Secretary may resume payment to a unit of general local
government of payments suspended by the Secretary only--
``(1) as of the time of, and under the conditions stated
in--
``(A) the approval by the Secretary of a compliance
agreement under section 6714(a)(1); or
``(B) a compliance agreement entered into by the Secretary
under section 6714(a)(2);
``(2) if the government complies completely with an order
of a United States court, a State court, or administrative
law judge that covers all matters raised in a notice of
noncompliance submitted by the Secretary under section
6712(a);
``(3) if a United States court, a State court, or an
administrative law judge decides (including a judge in a
proceeding under section 6712(d)(1)), that the government has
complied with sections 6711 (a) and (b); or
``(4) if a suspension is discontinued under subsection (b).
``(d) Payment of Damages as Compliance.--For purposes of
subsection (c)(2), compliance by a government may consist of
the payment of restitution to a person injured because the
government did not comply with section 6711 (a) or (b).
``(e) Resumption of Payments Upon Reversal by Court.--The
Secretary may resume payment to a unit of general local
government of payments terminated under section 6712(d)(2)(A)
only if the decision resulting in the termination is reversed
by an appellate court.
``Sec. 6714. Compliance agreements
``(a) Types of Compliance Agreements.--A compliance
agreement is an agreement--
``(1) approved by the Secretary, between the governmental
authority responsible for prosecuting a claim or complaint
that is the basis of a holding of discrimination and the
chief executive officer of the unit of general local
government that has not complied with section 6711 (a) or
(b); or
``(2) between the Secretary and the chief executive
officer.
``(b) Contents of Agreements.--A compliance agreement--
``(1) shall state the conditions the unit of general local
government has agreed to comply with that would satisfy the
obligations of the government under sections 6711 (a) and
(b);
``(2) shall cover each matter that has been found not to
comply, or would not comply, with section 6711 (a) or (b);
and
``(3) may be a series of agreements that dispose of those
matters.
``(c) Availability of Agreements to Parties.--The Secretary
shall submit a copy of a compliance agreement to each person
who filed a complaint referred to in section 6716(b), or, if
an agreement under subsection (a)(1), each person who filed a
complaint with a governmental authority, about a failure to
comply with section 6711 (a) or (b). The Secretary shall
submit the copy by the 15th day after an agreement is made.
However, if the Secretary approves an agreement under
subsection (a)(1) after the agreement is made, the Secretary
may submit the copy by the 15th day after approval of the
agreement.
``Sec. 6715. Enforcement by the Attorney General of
prohibitions on discrimination
``The Attorney General may bring a civil action in an
appropriate district court of the United States against a
unit of general local government that the Attorney General
has reason to believe has engaged or is engaging in a pattern
or practice in violation of section 6711 (a) or (b). The
court may grant--
``(1) a temporary restraining order;
``(2) an injunction; or
``(3) an appropriate order to ensure enjoyment of rights
under section 6711 (a) or (b), including an order suspending,
terminating, or requiring repayment of, payments under this
chapter or placing additional payments under this chapter in
escrow pending the outcome of the action.
``Sec. 6716. Civil action by a person adversely affected
``(a) Authority for Private Suits in Federal or State
Court.--If a unit of general local government, or an officer
or employee of a unit of general local government acting in
an official capacity, engages in a practice prohibited by
this chapter, a person adversely affected by the practice may
bring a civil action in an appropriate district court of the
United States or a State court of general jurisdiction.
Before bringing an action under this section, the person must
exhaust administrative remedies under subsection (b).
``(b) Administrative Remedies Required To Be Exhausted.--A
person adversely affected shall file an administrative
complaint with the Secretary or the head of another agency of
the United States Government or the State agency with which
the Secretary has an agreement under section 6711(d).
Administrative remedies are deemed to be exhausted by the
person after the 90th day after the complaint was filed if
the Secretary, the head of the Government agency, or the
State agency--
``(1) issues a decision that the government has not failed
to comply with this chapter; or
``(2) does not issue a decision on the complaint.
``(c) Authority of Court.--In an action under this section,
the court--
``(1) may grant--
``(A) a temporary restraining order;
``(B) an injunction; or
``(C) another order, including suspension, termination, or
repayment of, payments under this chapter or placement of
additional payments under this chapter in escrow pending the
outcome of the action; and
``(2) to enforce compliance with section 6711 (a) or (b),
may allow a prevailing party (except the United States
Government) a reasonable attorney's fee.
``(d) Intervention by Attorney General.--In an action under
this section to enforce compliance with section 6711 (a) or
(b), the Attorney General may intervene in the
[[Page 1787]]
action if the Attorney General certifies that the action is
of general public importance. The United States Government is
entitled to the same relief as if the Government had brought
the action and is liable for the same fees and costs as a
private person.
``Sec. 6717. Judicial review
``(a) Appeals in Federal Court of Appeals.--A unit of
general local government which receives notice from the
Secretary about withholding payments under section 6703(f),
suspending payments under section 6713(a)(1)(B), or
terminating payments under section 6712(d)(2)(A), may apply
for review of the action of the Secretary by filing a
petition for review with the court of appeals of the United
States for the circuit in which the government is located.
The petition shall be filed by the 60th day after the date
the notice is received. The clerk of the court shall
immediately send a copy of the petition to the Secretary.
``(b) Filing of Record of Administrative Proceeding.--The
Secretary shall file with the court a record of the
proceeding on which the Secretary based the action. The court
may consider only objections to the action of the Secretary
that were presented before the Secretary.
``(c) Court Action.--The court may affirm, change, or set
aside any part of the action of the Secretary. The findings
of fact by the Secretary are conclusive if supported by
substantial evidence in the record. If a finding is not
supported by substantial evidence in the record, the court
may remand the case to the Secretary to take additional
evidence. Upon such a remand, the Secretary may make new or
modified findings and shall certify additional proceedings to
the court.
``(d) Review Only by Supreme Court.--A judgment of a court
under this section may be reviewed only by the Supreme Court
under section 1254 of title 28, United States Code.
``Sec. 6718. Investigations and reviews
``(a) Investigations by Secretary.--
``(1) In general.--The Secretary shall within a reasonable
time limit--
``(A) carry out an investigation and make a finding after
receiving a complaint referred to in section 6716(b), a
determination by a State or local administrative agency, or
other information about a possible violation of this chapter;
``(B) carry out audits and reviews (including
investigations of allegations) about possible violations of
this chapter; and
``(C) advise a complainant of the status of an audit,
investigation, or review of an allegation by the complainant
of a violation of section 6711 (a) or (b) or other provision
of this chapter.
``(2) Time limit.--The maximum time limit under paragraph
(1)(A) is 120 days.
``(b) Reviews by Comptroller General.--The Comptroller
General of the United States shall carry out reviews of the
activities of the Secretary, State governments, and units of
general local government necessary for the Congress to
evaluate compliance and operations under this chapter. These
reviews shall include a comparison of the waste and
inefficiency of local governments using funds under this
chapter compared to waste and inefficiency with other
comparable Federal programs.
``Sec. 6719. Reports
``(a) Reports by Secretary to Congress.--Before June 2 of
each year prior to 2002, the Secretary personally shall
report to the Congress on--
``(1) the status and operation of the Local Government
Fiscal Assistance Fund during the prior fiscal year; and
``(2) the administration of this chapter, including a
complete and detailed analysis of--
``(A) actions taken to comply with sections 6711 through
6715, including a description of the kind and extent of
noncompliance and the status of pending complaints;
``(B) the extent to which units of general local government
receiving payments under this chapter have complied with the
requirements of this chapter;
``(C) the way in which payments under this chapter have
been distributed in the jurisdictions receiving payments; and
``(D) significant problems in carrying out this chapter and
recommendations for legislation to remedy the problems.
``(b) Reports by Units of General Local Government to
Secretary.--
``(1) In general.--At the end of each fiscal year, each
unit of general local government which received a payment
under this chapter for the fiscal year shall submit a report
to the Secretary. The report shall be submitted in the form
and at a time prescribed by the Secretary and shall be
available to the public for inspection. The report shall
state--
``(A) the amounts and purposes for which the payment has
been appropriated, expended, or obligated in the fiscal year;
``(B) the relationship of the payment to the relevant
functional items in the budget of the government; and
``(C) the differences between the actual and proposed use
of the payment.
``(2) Availability of report.--The Secretary shall provide
a copy of a report submitted under paragraph (1) by a unit of
general local government to the chief executive officer of
the State in which the government is located. The Secretary
shall provide the report in the manner and form prescribed by
the Secretary.
``Sec. 6720. Definitions, application, and administration
``(a) Definitions.--In this chapter--
``(1) `unit of general local government' means--
``(A) a county, township, city, or political subdivision of
a county, township, or city, that is a unit of general local
government as determined by the Secretary of Commerce for
general statistical purposes; and
``(B) the District of Columbia and the recognized governing
body of an Indian tribe or Alaskan Native village that
carries out substantial governmental duties and powers;
``(2) `payment period' means each 1-year period beginning
on October 1 of the years 1994 through 2000;
``(3) `State and local taxes' means taxes imposed by a
State government or unit of general local government or other
political subdivision of a State government for public
purposes (except employee and employer assessments and
contributions to finance retirement and social insurance
systems and other special assessments for capital outlay) as
determined by the Secretary of Commerce for general
statistical purposes;
``(4) `State' means any of the several States and the
District of Columbia;
``(5) `income' means the total money income received from
all sources as determined by the Secretary of Commerce for
general statistical purposes, which for units of general
local government is reported by the Bureau of the Census for
1990 in the publication Summary Social, Economic, and Housing
Characteristics;
``(6) `per capita income' means--
``(A) in the case of the United States, the income of the
United States divided by the population of the United States;
``(B) in the case of a State, the income of that State,
divided by the population of that State; and
``(C) in the case of a unit of general local government,
the income of that unit of general local government divided
by the popu-
lation of the unit of general local government;
``(7) `finding of discrimination' means a decision by the
Secretary about a complaint described in section 6716(b), a
decision by a State or local administrative agency, or other
information (under regulations prescribed by the Secretary)
that it is more likely than not that a unit of general local
government has not complied with section 6711 (a) or (b);
``(8) `holding of discrimination' means a holding by a
United States court, a State court, or an administrative law
judge appointed under section 3105 of title 5, United States
Code, that a unit of general local government expending
amounts received under this chapter has--
``(A) excluded a person in the United States from
participating in, denied the person the benefits of, or
subjected the person to discrimination under, a program or
activity because of race, color, national origin, or sex; or
``(B) violated a prohibition against discrimination
described in section 6711(b); and
``(9) `Secretary' means the Secretary of Housing and Urban
Development.
``(b) Delegation of Administration.--The Secretary may
enter into agreements with other executive branch departments
and agencies to delegate to that department or agency all or
part of the Secretary's responsibility for administering this
chapter.
``(c) Treatment of Subsumed Areas.--If the entire
geographic area of a unit of general local government is
located in a larger entity, the unit of general local
government is deemed to be located in the larger entity. If
only part of the geographic area of a unit is located in a
larger entity, each part is deemed to be located in the
larger entity and to be a separate unit of general local
government in determining allocations under this chapter.
Except as provided in regulations prescribed by the
Secretary, the Secretary shall make all data computations
based on the ratio of the estimated population of the part to
the population of the entire unit of general local
government.
``(d) Boundary and Other Changes.--If a boundary line
change, a State statutory or constitutional change,
annexation, a governmental reorganization, or other
circumstance results in the application of sections 6704
through 6708 in a way that does not carry out the purposes of
sections 6701 through 6708, the Secretary shall apply
sections 6701 through 6708 under regulations of the Secretary
in a way that is consistent with those purposes.''.
(b) Issuance of Regulations.--Within 90 days of the date of
enactment of this Act the Secretary shall issue regulations,
which may be interim regulations, to implement subsection
(a), modifying the regulations for carrying into effect the
Revenue Sharing Act that were in effect as of July 1, 1987,
and that were published in 31 C.F.R. part 51. The Secretary
need not hold a public hearing before issuing these
regulations.
(c) Deficit Neutrality.--Any appropriation to carry out the
amendment made by this subtitle to title 31, United States
Code, for fiscal year 1995 or 1996 shall be offset by cuts
elsewhere in appropriations for that fiscal year.
SEC. 31002. TECHNICAL AMENDMENT.
The table of chapters at the beginning of subtitle V of
title 31, United States Code, is amended by adding after the
item relating to chapter 65 the following:
``67. Federal payments......................................6701''.....
Subtitle K--National Community Economic Partnership
SEC. 31101. SHORT TITLE.
This subtitle may be cited as the ``National Community
Economic Partnership Act of 1994''.
[[Page 1788]]
CHAPTER 1--COMMUNITY ECONOMIC PARTNERSHIP INVESTMENT FUNDS
SEC. 31111. PURPOSE.
It is the purpose of this chapter to increase private
investment in distressed local communities and to build and
expand the capacity of local institutions to better serve the
economic needs of local residents through the provision of
financial and technical assistance to community development
corporations.
SEC. 31112. PROVISION OF ASSISTANCE.
(a) Authority.--The Secretary of Health and Human Services
(referred to in this subtitle as the ``Secretary'') may, in
accordance with this chapter, provide nonrefundable lines of
credit to community development corporations for the
establishment, maintenance or expansion of revolving loan
funds to be utilized to finance projects intended to provide
business and employment opportunities for low-income,
unemployed, or underemployed individuals and to improve the
quality of life in urban and rural areas.
(b) Revolving Loan Funds.--
(1) Competitive assessment of applications.--In providing
assistance under subsection (a), the Secretary shall
establish and implement a competitive process for the
solicitation and consideration of applications from eligible
entities for lines of credit for the capitalization of
revolving funds.
(2) Eligible entities.--To be eligible to receive a line of
credit under this chapter an applicant shall--
(A) be a community development corporation;
(B) prepare and submit an application to the Secretary that
shall include a strategic investment plan that identifies and
describes the economic characteristics of the target area to
be served, the types of business to be assisted and the
impact of such assistance on low-income, underemployed, and
unemployed individuals in the target area;
(C) demonstrate previous experience in the development of
low-income housing or community or business development
projects in a low-income community and provide a record of
achievement with respect to such projects; and
(D) have secured one or more commitments from local sources
for contributions (either in cash or in kind, letters of
credit or letters of commitment) in an amount that is at
least equal to the amount requested in the application
submitted under subparagraph (B).
(3) Exception.--Notwithstanding the provisions of paragraph
(2)(D), the Secretary may reduce local contributions to not
less than 25 percent of the amount of the line of credit
requested by the community development corporation if the
Secretary determines such to be appropriate in accordance
with section 31116.
SEC. 31113. APPROVAL OF APPLICATIONS.
(a) In General.--In evaluating applications submitted under
section 31112(b)(2)(B), the Secretary shall ensure that--
(1) the residents of the target area to be served (as
identified under the strategic development plan) would have
an income that is less than the median income for the area
(as determined by the Secretary);
(2) the applicant community development corporation
possesses the technical and managerial capability necessary
to administer a revolving loan fund and has past experience
in the development and management of housing, community and
economic development programs;
(3) the applicant community development corporation has
provided sufficient evidence of the existence of good working
relationships with--
(A) local businesses and financial institutions, as well as
with the community the corporation proposes to serve; and
(B) local and regional job training programs;
(4) the applicant community development corporation will
target job opportunities that arise from revolving loan fund
investments under this chapter so that 75 percent of the jobs
retained or created under such investments are provided to--
(A) individuals with--
(i) incomes that do not exceed the Federal poverty line; or
(ii) incomes that do not exceed 80 percent of the median
income of the area;
(B) individuals who are unemployed or underemployed;
(C) individuals who are participating or have participated
in job training programs authorized under the Job Training
Partnership Act (29 U.S.C. 1501 et seq.) or the Family
Support Act of 1988 (Public Law 100-485);
(D) individuals whose jobs may be retained as a result of
the provision of financing available under this chapter; or
(E) individuals who have historically been underrepresented
in the local economy; and
(5) a representative cross section of applicants are
approved, including large and small community development
corporations, urban and rural community development
corporations and community development corporations
representing diverse populations.
(b) Priority.--In determining which application to approve
under this chapter the Secretary shall give priority to those
applicants proposing to serve a target area--
(1) with a median income that does not exceed 80 percent of
the median for the area (as determined by the Secretary); and
(2) with a high rate of unemployment, as determined by the
Secretary or in which the population loss is at least 7
percent from April 1, 1980, to April 1, 1990, as reported by
the Bureau of the Census.
SEC. 31114. AVAILABILITY OF LINES OF CREDIT AND USE.
(a) Approval of Application.--The Secretary shall provide a
community development corporation that has an application
approved under section 31113 with a line of credit in an
amount determined appropriate by the Secretary, subject to
the limitations contained in subsection (b).
(b) Limitations on Availability of Amounts.--
(1) Maximum amount.--The Secretary shall not provide in
excess of $2,000,000 in lines of credit under this chapter to
a single applicant.
(2) Period of availability.--A line of credit provided
under this chapter shall remain available over a period of
time established by the Secretary, but in no event shall any
such period of time be in excess of 3 years from the date on
which such line of credit is made available.
(3) Exception.--Notwithstanding paragraphs (1) and (2), if
a recipient of a line of credit under this chapter has made
full and productive use of such line of credit, can
demonstrate the need and demand for additional assistance,
and can meet the requirements of section 31112(b)(2), the
amount of such line of credit may be increased by not more
than $1,500,000.
(c) Amounts Drawn From Line of Credit.--Amounts drawn from
each line of credit under this chapter shall be used solely
for the purposes described in section 31111 and shall only be
drawn down as needed to provide loans, investments, or to
defray administrative costs related to the establishment of a
revolving loan fund.
(d) Use of Revolving Loan Funds.--Revolving loan funds
established with lines of
credit provided under this chapter may be used to provide
technical assistance to private business enterprises and to
provide financial assistance in the form of loans, loan
guarantees, interest reduction assistance, equity shares, and
other such forms of assistance to business enterprises in
target areas and who are in compliance with section
31113(a)(4).
SEC. 31115. LIMITATIONS ON USE OF FUNDS.
(a) Matching Requirement.--Not to exceed 50 percent of the
total amount to be invested by an entity under this chapter
may be derived from funds made available from a line of
credit under this chapter.
(b) Technical Assistance and Administration.--Not to exceed
10 percent of the amounts available from a line of credit
under this chapter shall be used for the provision of
training or technical assistance and for the planning,
development, and management of economic development projects.
Community development corporations shall be encouraged by the
Secretary to seek technical assistance from other community
development corporations, with expertise in the planning,
development and management of economic development projects.
The Secretary shall assist in the identification and
facilitation of such technical assistance.
(c) Local and Private Sector Contributions.--To receive
funds available under a line of credit provided under this
chapter, an entity, using procedures established by the
Secretary, shall demonstrate to the community development
corporation that such entity agrees to provide local and
private sector contributions in accordance with section
31112(b)(2)(D), will participate with such community
development corporation in a loan, guarantee or investment
program for a designated business enterprise, and that the
total financial commitment to be provided by such entity is
at least equal to the amount to be drawn from the line of
credit.
(d) Use of Proceeds From Investments.--Proceeds derived
from investments made using funds made available under this
chapter may be used only for the purposes described in
section 31111 and shall be reinvested in the community in
which they were generated.
SEC. 31116. PROGRAM PRIORITY FOR SPECIAL EMPHASIS PROGRAMS.
(a) In General.--The Secretary shall give priority in
providing lines of credit under this chapter to community
development corporations that propose to undertake economic
development activities in distressed communities that target
women, Native Americans, at risk youth, farmworkers,
population-losing communities, very low-income communities,
single mothers, veterans, and refugees; or that expand
employee ownership of private enterprises and small
businesses, and to programs providing loans of not more than
$35,000 to very small business enterprises.
(b) Reservation of Funds.--Not less than 5 percent of the
amounts made available under section 31112(a)(2)(A) may be
reserved to carry out the activities described in subsection
(a).
CHAPTER 2--EMERGING COMMUNITY DEVELOPMENT CORPORATIONS
SEC. 31121. COMMUNITY DEVELOPMENT CORPORATION IMPROVEMENT
GRANTS.
(a) Purpose.--It is the purpose of this section to provide
assistance to community development corporations to upgrade
the management and operating capacity of such corporations
and to enhance the resources available to enable such
corporations to increase their community economic development
activities.
(b) Skill Enhancement Grants.--
(1) In general.--The Secretary shall award grants to
community development corpora-
[[Page 1789]]
tions to enable such corporations to attain or enhance the
business management and development skills of the individuals
that manage such corporations to enable such corporations to
seek the public and private resources necessary to develop
community economic development projects.
(2) Use of funds.--A recipient of a grant under paragraph
(1) may use amounts received under such grant--
(A) to acquire training and technical assistance from
agencies or institutions that have extensive experience in
the development and management of low-income community
economic development projects; or
(B) to acquire such assistance from other highly successful
community development corporations.
(c) Operating Grants.--
(1) In general.--The Secretary shall award grants to
community development corporations to enable such
corporations to support an administrative capacity for the
planning, development, and management of low-income community
economic development projects.
(2) Use of funds.--A recipient of a grant under paragraph
(1) may use amounts received under such grant--
(A) to conduct evaluations of the feasibility of potential
low-income community economic development projects that
address identified needs in the low-income community and that
conform to those projects and activities permitted under
subtitle A;
(B) to develop a business plan related to such a potential
project; or
(C) to mobilize resources to be contributed to a planned
low-income community economic development project or
strategy.
(d) Applications.--A community development corporation that
desires to receive a grant under this section shall prepare
and submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may require.
(e) Amount Available for a Community Development
Corporation.--Amounts provided under this section to a
community development corporation shall not exceed $75,000
per year. Such corporations may apply for grants under this
section for up to 3 consecutive years, except that such
corporations shall be required to submit a new application
for each grant for which such corporation desires to receive
and compete on the basis of such applications in the
selection process.
SEC. 31122. EMERGING COMMUNITY DEVELOPMENT CORPORATION
REVOLVING LOAN FUNDS.
(a) Authority.--The Secretary may award grants to emerging
community development corporations to enable such
corporations to establish, maintain or expand revolving loan
funds, to make or guarantee loans, or to make capital
investments in new or expanding local businesses.
(b) Eligibility.--To be eligible to receive a grant under
subsection (a), an entity shall--
(1) be a community development corporation;
(2) have completed not less than one nor more than two
community economic development projects or related projects
that improve or provide job and employment opportunities to
low-income individuals;
(3) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require, including a strategic investment
plan that identifies and describes the economic
characteristics of the target area to be served, the types of
business to be assisted using amounts received under the
grant and the impact of such assistance on low-income
individuals; and
(4) have secured one or more commitments from local sources
for contributions (either in cash or in kind, letters of
credit, or letters of commitment) in an amount that is equal
to at least 10 percent of the amounts requested in the
application submitted under paragraph (2).
(c) Use of the Revolving Loan Fund.--
(1) In general.--A revolving loan fund established or
maintained with amounts received under this section may be
utilized to provide financial and technical assistance,
loans, loan guarantees or investments to private business
enterprises to--
(A) finance projects intended to provide business and
employment opportunities for low-income individuals and to
improve the quality of life in urban and rural areas; and
(B) build and expand the capacity of emerging community
development corporations and serve the economic needs of
local residents.
(2) Technical assistance.--The Secretary shall encourage
emerging community development corporations that receive
grants under this section to seek technical assistance from
established community development corporations, with
expertise in the planning, development and management of
economic development projects and shall facilitate the
receipt of such assistance.
(3) Limitation.--Not to exceed 10 percent of the amounts
received under this section by a grantee shall be used for
training, technical assistance and administrative purposes.
(d) Use of Proceeds From Investments.--Proceeds derived
from investments made with amounts provided under this
section may be utilized only for the purposes described in
this subtitle and shall be reinvested in the community in
which they were generated.
(e) Amounts Available.--Amounts provided under this section
to a community development corporation shall not exceed
$500,000 per year.
CHAPTER 3--MISCELLANEOUS PROVISIONS
SEC. 31131. DEFINITIONS.
As used in this subtitle:
(1) Community development corporation.--The term
``community development corporation'' means a private,
nonprofit corporation whose board of directors is comprised
of business, civic and community leaders, and whose principal
purpose includes the provision of low-income housing or
community economic development projects that primarily
benefit low-income individuals and communities.
(2) Local and private sector contribution.--The term
``local and private sector contribution'' means the funds
available at the local level (by private financial
institutions, State and local governments) or by any private
philanthropic organization and private, nonprofit
organizations that will be committed and used solely for the
purpose of financing private business enterprises in
conjunction with amounts provided under this subtitle.
(3) Population-losing community.--The term ``population-
losing community'' means any county in which the net
population loss is at least 7 percent from April 1, 1980 to
April 1, 1990, as reported by the Bureau of the Census.
(4) Private business enterprise.--The term ``private
business enterprise'' means any business enterprise that is
engaged in the manufacture of a product, provision of a
service, construction or development of a facility, or that
is involved in some other commercial, manufacturing or
industrial activity, and that agrees to target job
opportunities stemming from investments authorized under this
subtitle to certain individuals.
(5) Target area.--The term ``target area'' means any area
defined in an application for assistance under this subtitle
that has a population whose income does not exceed the median
for the area within which the target area is located.
(6) Very low-income community.--The term ``very low-income
community'' means a community in which the median income of
the residents of such community does not exceed 50 percent of
the median income of the area.
SEC. 31132. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
carry out chapters 1 and 2--
(1) $45,000,000 for fiscal year 1996;
(2) $72,000,000 for fiscal year 1997;
(3) $76,500,000 for fiscal year 1998; and
(4) $76,500,000 for fiscal year 1999.
(b) Earmarks.--Of the aggregate amount appropriated under
subsection (a) for each fiscal year--
(1) 60 percent shall be available to carry out chapter 1;
and
(2) 40 percent shall be available to carry out chapter 2.
(c) Amounts.--Amounts appropriated under subsection (a)
shall remain available for expenditure without fiscal year
limitation.
SEC. 31133. PROHIBITION.
None of the funds authorized under this subtitle shall be
used to finance the construction of housing.
Subtitle O--Urban Recreation and At-Risk Youth
SEC. 31501. PURPOSE OF ASSISTANCE.
Section 1003 of the Urban Park and Recreation Recovery Act
of 1978 is amended by adding the following at the end: ``It
is further the purpose of this title to improve recreation
facilities and expand recreation services in urban areas with
a high incidence of crime and to help deter crime through the
expansion of recreation opportunities for at-risk youth. It
is the further purpose of this section to increase the
security of urban parks and to promote collaboration between
local agencies involved in parks and recreation, law
enforcement, youth social services, and juvenile justice
system.''.
SEC. 31502. DEFINITIONS.
Section 1004 of the Urban Park and Recreation Recovery Act
of 1978 is amended by inserting the following new subsection
after subsection (c) and by redesignating subsections (d)
through (j) as (e) through (k), respectively:
``(d) `at-risk youth recreation grants' means--
``(1) rehabilitation grants,
``(2) innovation grants, or
``(3) matching grants for continuing program support for
programs of demonstrated value or success in providing
constructive alternatives to youth at risk for engaging in
criminal behavior, including grants for operating, or
coordinating recreation programs and services;
in neighborhoods and communities with a high prevalence of
crime, particularly violent crime or crime committed by
youthful offenders; in addition to the purposes specified in
subsection (b), rehabilitation grants referred to in
paragraph (1) of this subsection may be used for the
provision of lighting, emergency phones or other capital
improvements which will improve the security of urban
parks;''.
SEC. 31503. CRITERIA FOR SELECTION.
Section 1005 of the Urban Park and Recreation Recovery Act
of 1978 is amended by striking ``and'' at the end of
paragraph (6), by striking the period at the end of paragraph
(7) and inserting ``; and'' and by adding the following at
the end:
[[Page 1790]]
``(8) in the case of at-risk youth recreation grants, the
Secretary shall give a priority to each of the following
criteria:
``(A) Programs which are targeted to youth who are at the
greatest risk of becoming involved in violence and crime.
``(B) Programs which teach important values and life
skills, including teamwork, respect, leadership, and self-
esteem.
``(C) Programs which offer tutoring, remedial education,
mentoring, and counseling in addition to recreation
opportunities.
``(D) Programs which offer services during late night or
other nonschool hours.
``(E) Programs which demonstrate collaboration between
local park and recreation, juvenile justice, law enforcement,
and youth social service agencies and nongovernmental
entities, including the private sector and community and
nonprofit organizations.
``(F) Programs which leverage public or private recreation
investments in the form of services, materials, or cash.
``(G) Programs which show the greatest potential of being
continued with non-Federal funds or which can serve as models
for other communities.''.
SEC. 31504. PARK AND RECREATION ACTION RECOVERY PROGRAMS.
Section 1007(b) of the Urban Park and Recreation Recovery
Act of 1978 is amended by adding the following at the end:
``In order to be eligible to receive `at-risk youth
recreation grants' a local government shall amend its 5-year
action program to incorporate the goal of reducing crime and
juvenile delinquency and to provide a description of the
implementation strategies to achieve this goal. The plan
shall also address how the local government is coordinating
its recreation programs with crime prevention efforts of law
enforcement, juvenile corrections, and youth social service
agencies.''.
SEC. 31505. MISCELLANEOUS AND TECHNICAL AMENDMENTS.
(a) Program Support.--Section 1013 of the Urban Park and
Recreation Recovery Act of 1978 is amended by inserting
``(a)In General.--'' after ``1013'' and by adding the
following new subsection at the end:
``(b) Program Support.--Not more than 25 percent of the
amounts made available under this title to any local
government may be used for program support.''.
(b) Extension.--Section 1003 of the Urban Park and
Recreation Recovery Act of 1978 is amended by striking ``for
a period of five years'' and by striking ``short-term''.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this subtitle--
(1) $2,700,000 for fiscal year 1996;
(2) $450,000 for fiscal year 1997;
(3) $450,000 for fiscal year 1998;
(4) $450,000 for fiscal year 1999; and
(5) $450,000 for fiscal year 2000.
Subtitle Q--Community-Based Justice Grants for Prosecutors
SEC. 31701. GRANT AUTHORIZATION.
(a) In General.--The Attorney General may make grants to
State, Indian tribal, or local prosecutors for the purpose of
supporting the creation or expansion of community-based
justice programs.
(b) Consultation.--The Attorney General may consult with
the Ounce of Prevention Council in making grants under
subsection (a).
SEC. 31702. USE OF FUNDS.
Grants made by the Attorney General under this section
shall be used--
(1) to fund programs that require the cooperation and
coordination of prosecutors, school officials, police,
probation officers, youth and social service professionals,
and community members in the effort to reduce the incidence
of, and increase the successful identification and speed of
prosecution of, young violent offenders;
(2) to fund programs in which prosecutors focus on the
offender, not simply the specific offense, and impose
individualized sanctions, designed to deter that offender
from further antisocial conduct, and impose increasingly
serious sanctions on a young offender who continues to commit
offenses;
(3) to fund programs that coordinate criminal justice
resources with educational, social service, and community
resources to develop and deliver violence prevention
programs, including mediation and other conflict resolution
methods, treatment, counselling, educational, and
recreational programs that create alternatives to criminal
activity; and
(4) in rural States (as defined in section 1501(b) of title
I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796bb(B)), to fund cooperative efforts between
State and local prosecutors, victim advocacy and assistance
groups, social and community service providers, and law
enforcement agencies to investigate and prosecute child abuse
cases, treat youthful victims of child abuse, and work in
cooperation with the community to develop education and
prevention strategies directed toward the issues with which
such entities are concerned.
SEC. 31703. APPLICATIONS.
(a) Eligibility.--In order to be eligible to receive a
grant under this part for any fiscal year, a State, Indian
tribal, or local prosecutor, in conjunction with the chief
executive officer of the jurisdiction in which the program
will be placed, shall submit an application to the Attorney
General in such form and containing such information as the
Attorney General may reasonably require.
(b) Requirements.--Each applicant shall include--
(1) a request for funds for the purposes described in
section 31702;
(2) a description of the communities to be served by the
grant, including the nature of the youth crime, youth
violence, and child abuse problems within such communities;
(3) assurances that Federal funds received under this part
shall be used to supplement, not supplant, non-Federal funds
that would otherwise be available for activities funded under
this section; and
(4) statistical information in such form and containing
such information that the Attorney General may require.
(c) Comprehensive Plan.--Each applicant shall include a
comprehensive plan that shall contain--
(1) a description of the youth violence or child abuse
crime problem;
(2) an action plan outlining how the applicant will achieve
the purposes as described in section 31702;
(3) a description of the resources available in the
community to implement the plan together with a description
of the gaps in the plan that cannot be filled with existing
resources; and
(4) a description of how the requested grant will be used
to fill gaps.
SEC. 31704. ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS.
(a) Administrative Cost Limitation.--The Attorney General
shall use not more than 5 percent of the funds available
under this program for the purposes of administration and
technical assistance.
(b) Renewal of Grants.--A grant under this part may be
renewed for up to 2 additional years after the first fiscal
year during which the recipient receives its initial grant
under this part, subject to the availability of funds, if--
(1) the Attorney General determines that the funds made
available to the recipient during the previous years were
used in a manner required under the approved application; and
(2) the Attorney General determines that an additional
grant is necessary to implement the community prosecution
program described in the comprehensive plan required by
section 31703.
SEC. 31705. AWARD OF GRANTS.
The Attorney General shall consider the following facts in
awarding grants:
(1) Demonstrated need and evidence of the ability to
provide the services described in the plan required under
section 31703.
(2) The Attorney General shall attempt, to the extent
practicable, to achieve an equitable geographic distribution
of grant awards.
SEC. 31706. REPORTS.
(a) Report to Attorney General.--State and local
prosecutors that receive funds under this subtitle shall
submit to the Attorney General a report not later than March
1 of each year that describes progress achieved in carrying
out the plan described under section 31703(c).
(b) Report to Congress.--The Attorney General shall submit
to the Congress a report by October 1 of each year in which
grants are made available under this subtitle which shall
contain a detailed statement regarding grant awards,
activities of grant recipients, a compilation of statistical
information submitted by applicants, and an evaluation of
programs established under this subtitle.
SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subtitle--
(1) $7,000,000 for fiscal year 1996;
(2) $10,000,000 for fiscal year 1997;
(3) $10,000,000 for fiscal year 1998;
(4) $11,000,000 for fiscal year 1999; and
(5) $12,000,000 for fiscal year 2000.
SEC. 31708. DEFINITIONS.
In this subtitle--
``Indian tribe'' means a tribe, band, pueblo, nation, or
other organized group or community of Indians, including an
Alaska Native village (as defined in or established under the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.)), that is recognized as eligible for the special
programs and services provided by the United States to
Indians because of their status as Indians.
``State'' means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, American Samoa, Guam, and the United States
Virgin Islands.
``Young violent offenders'' means individuals, ages 7
through 22, who have committed crimes of violence, weapons
offenses, drug distribution, hate crimes and civil rights
violations, and offenses against personal property of
another.
Subtitle S--Family Unity Demonstration Project
SEC. 31901. SHORT TITLE.
This subtitle may be cited as the ``Family Unity
Demonstration Project Act''.
SEC. 31902. PURPOSE.
The purpose of this subtitle is to evaluate the
effectiveness of certain demonstration projects in helping
to--
(1) alleviate the harm to children and primary caretaker
parents caused by separation due to the incarceration of the
parents;
(2) reduce recidivism rates of prisoners by encouraging
strong and supportive family relationships; and
(3) explore the cost effectiveness of community
correctional facilities.
SEC. 31903. DEFINITIONS.
In this subtitle--
``child'' means a person who is less than 7 years of age.
[[Page 1791]]
``community correctional facility'' means a residential
facility that--
(A) is used only for eligible offenders and their children
under 7 years of age;
(B) is not within the confines of a jail or prison;
(C) houses no more than 50 prisoners in addition to their
children; and
(D) provides to inmates and their children--
(i) a safe, stable, environment for children;
(ii) pediatric and adult medical care consistent with
medical standards for correctional facilities;
(iii) programs to improve the stability of the parent-child
relationship, including educating parents regarding--
(I) child development; and
(II) household management;
(iv) alcoholism and drug addiction treatment for prisoners;
and
(v) programs and support services to help inmates--
(I) to improve and maintain mental and physical health,
including access to counseling;
(II) to obtain adequate housing upon release from State
incarceration;
(III) to obtain suitable education, employment, or training
for employment; and
(IV) to obtain suitable child care.
``eligible offender'' means a primary caretaker parent
who--
(A) has been sentenced to a term of imprisonment of not
more than 7 years or is awaiting sentencing for a conviction
punishable by such a term of imprisonment; and
(B) has not engaged in conduct that--
(i) knowingly resulted in death or serious bodily injury;
(ii) is a felony for a crime of violence against a person;
or
(iii) constitutes child neglect or mental, physical, or
sexual abuse of a child.
``primary caretaker parent'' means--
(A) a parent who has consistently assumed responsibility
for the housing, health, and safety of a child prior to
incarceration; or
(B) a woman who has given birth to a child after or while
awaiting her sentencing hearing and who expresses a
willingness to assume responsibility for the housing, health,
and safety of that child,
a parent who, in the best interest of a child, has arranged
for the temporary care of the child in the home of a relative
or other responsible adult shall not for that reason be
excluded from the category ``primary caretaker''.
``State'' means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin
Islands, American Samoa, Guam, and the Northern Mariana
Islands.
SEC. 31904. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--There are authorized to be appropriated
to carry out this subtitle--
(1) $3,600,000 for fiscal year 1996;
(2) $3,600,000 for fiscal year 1997;
(3) $3,600,000 for fiscal year 1998;
(4) $3,600,000 for fiscal year 1999; and
(5) $5,400,000 for fiscal year 2000.
(b) Availability of Appropriations.--Of the amount
appropriated under subsection (a) for any fiscal year--
(1) 90 percent shall be available to carry out chapter 1;
and
(2) 10 percent shall be available to carry out chapter 2.
CHAPTER 1--GRANTS TO STATES
SEC. 31911. AUTHORITY TO MAKE GRANTS.
(a) General Authority.--The Attorney General may make
grants, on a competitive basis, to States to carry out in
accordance with this subtitle family unity demonstration
projects that enable eligible offenders to live in community
correctional facilities with their children.
(b) Preferences.--For the purpose of making grants under
subsection (a), the Attorney General shall give preference to
a State that includes in the application required by section
31912 assurances that if the State receives a grant--
(1) both the State corrections agency and the State health
and human services agency will participate substantially in,
and cooperate closely in all aspects of, the development and
operation of the family unity demonstration project for which
such a grant is requested;
(2) boards made up of community members, including
residents, local businesses, corrections officials, former
prisoners, child development professionals, educators, and
maternal and child health professionals will be established
to advise the State regarding the operation of such project;
(3) the State has in effect a policy that provides for the
placement of all prisoners, whenever possible, in
correctional facilities for which they qualify that are
located closest to their respective family homes;
(4) unless the Attorney General determines that a longer
timeline is appropriate in a particular case, the State will
implement the project not later than 180 days after receiving
a grant under subsection (a) and will expend all of the grant
during a 1-year period;
(5) the State has the capacity to continue implementing a
community correctional facility beyond the funding period to
ensure the continuity of the work;
(6) unless the Attorney General determines that a different
process for selecting participants in a project is desirable,
the State will--
(A) give written notice to a prisoner, not later than 30
days after the State first receives a grant under subsection
(a) or 30 days after the prisoner is sentenced to a term of
imprisonment of not more than 7 years (whichever is later),
of the proposed or current operation of the project;
(B) accept at any time at which the project is in operation
an application by a prisoner to participate in the project
if, at the time of application, the remainder of the
prisoner's sentence exceeds 180 days;
(C) review applications by prisoners in the sequence in
which the State receives such applications; and
(D) not more than 50 days after reviewing such applications
approve or disapprove the application; and
(7) for the purposes of selecting eligible offenders to
participate in such project, the State has authorized State
courts to sentence an eligible offender directly to a
community correctional facility, provided that the court
gives assurances that the offender would have otherwise
served a term of imprisonment.
(c) Selection of Grantees.--The Attorney General shall make
grants under subsection (a) on a competitive basis, based on
such criteria as the Attorney General shall issue by rule and
taking into account the preferences described in subsection
(b).
SEC. 31912. ELIGIBILITY TO RECEIVE GRANTS.
To be eligible to receive a grant under section 31911, a
State shall submit to the Attorney General an application at
such time, in such form, and containing such information as
the Attorney General reasonably may require by rule.
SEC. 31913. REPORT.
(a) In General.--A State that receives a grant under this
title shall, not later than 90 days after the 1-year period
in which the grant is required to be expended, submit a
report to the Attorney General regarding the family unity
demonstration project for which the grant was expended.
(b) Contents.--A report under subsection (a) shall--
(1) state the number of prisoners who submitted
applications to participate in the project and the number of
prisoners who were placed in community correctional
facilities;
(2) state, with respect to prisoners placed in the project,
the number of prisoners who are returned to that jurisdiction
and custody and the reasons for such return;
(3) describe the nature and scope of educational and
training activities provided to prisoners participating in
the project;
(4) state the number, and describe the scope of, contracts
made with public and nonprofit private community-based
organizations to carry out such project; and
(5) evaluate the effectiveness of the project in
accomplishing the purposes described in section 31902.
CHAPTER 2--FAMILY UNITY DEMONSTRATION PROJECT FOR FEDERAL PRISONERS
SEC. 31921. AUTHORITY OF THE ATTORNEY GENERAL.
(a) In General.--With the funds available to carry out this
subtitle for the benefit of Federal prisoners, the Attorney
General, acting through the Director of the Bureau of
Prisons, shall select eligible prisoners to live in community
correctional facilities with their children.
(b) General Contracting Authority.--In implementing this
title, the Attorney General may enter into contracts with
appropriate public or private agencies to provide housing,
sustenance, services, and supervision of inmates eligible for
placement in community correctional facilities under this
title.
(c) Use of State Facilities.--At the discretion of the
Attorney General, Federal participants may be placed in State
projects as defined in chapter 1. For such participants, the
Attorney General shall, with funds available under section
31904(b)(2), reimburse the State for all project costs
related to the Federal participant's placement, including
administrative costs.
SEC. 31922. REQUIREMENTS.
For the purpose of placing Federal participants in a family
unity demonstration project under section 31921, the Attorney
General shall consult with the Secretary of Health and Human
Services regarding the development and operation of the
project.
Subtitle T--Substance Abuse Treatment in Federal Prisons
SEC. 32001. SUBSTANCE ABUSE TREATMENT IN FEDERAL PRISONS.
Section 3621 of title 18, United States Code, is amended--
(1) in the last sentence of subsection (b), by striking ``,
to the extent practicable,''; and
(2) by adding at the end the following new subsection:
``(e) Substance Abuse Treatment.--
``(1) Phase-in.--In order to carry out the requirement of
the last sentence of subsection (b) of this section, that
every prisoner with a substance abuse problem have the
opportunity to participate in appropriate substance abuse
treatment, the Bureau of Prisons shall, subject to the
availability of appropriations, provide residential substance
abuse treatment (and make arrangements for appropriate
aftercare)--
``(A) for not less than 50 percent of eligible prisoners by
the end of fiscal year 1995, with priority for such treatment
accorded based on an eligible prisoner's proximity to release
date;
``(B) for not less than 75 percent of eligible prisoners by
the end of fiscal year 1996, with priority for such treatment
accorded based on an eligible prisoner's proximity to release
date; and
[[Page 1792]]
``(C) for all eligible prisoners by the end of fiscal year
1997 and thereafter, with priority for such treatment
accorded based on an eligible prisoner's proximity to release
date.
``(2) Incentive for prisoners' successful completion of
treatment program.--
``(A) Generally.--Any prisoner who, in the judgment of the
Director of the Bureau of Prisons, has successfully completed
a program of residential substance abuse treatment provided
under paragraph (1) of this subsection, shall remain in the
custody of the Bureau under such conditions as the Bureau
deems appropriate. If the conditions of confinement are
different from those the prisoner would have experienced
absent the successful completion of the treatment, the Bureau
shall periodically test the prisoner for substance abuse and
discontinue such conditions on determining that substance
abuse has recurred.
``(B) Period of custody.--The period a prisoner convicted
of a nonviolent offense remains in custody after successfully
completing a treatment program may be reduced by the Bureau
of Prisons, but such reduction may not be more than one year
from the term the prisoner must otherwise serve.
``(3) Report.--The Bureau of Prisons shall transmit to the
Committees on the Judiciary of the Senate and the House of
Representatives on January 1, 1995, and on January 1 of each
year thereafter, a report. Such report shall contain--
``(A) a detailed quantitative and qualitative description
of each substance abuse treatment program, residential or
not, operated by the Bureau;
``(B) a full explanation of how eligibility for such
programs is determined, with complete information on what
proportion of prisoners with substance abuse problems are
eligible; and
``(C) a complete statement of to what extent the Bureau has
achieved compliance with the requirements of this title.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection--
``(A) $13,500,000 for fiscal year 1996;
``(B) $18,900,000 for fiscal year 1997;
``(C) $25,200,000 for fiscal year 1998;
``(D) $27,000,000 for fiscal year 1999; and
``(E) $27,900,000 for fiscal year 2000.
``(5) Definitions.--As used in this subsection--
``(A) the term `residential substance abuse treatment'
means a course of individual and group activities, lasting
between 6 and 12 months, in residential treatment facilities
set apart from the general prison population--
``(i) directed at the substance abuse problems of the
prisoner; and
``(ii) intended to develop the prisoner's cognitive,
behavioral, social, vocational, and other skills so as to
solve the prisoner's substance abuse and related problems;
``(B) the term `eligible prisoner' means a prisoner who
is--
``(i) determined by the Bureau of Prisons to have a
substance abuse problem; and
``(ii) willing to participate in a residential substance
abuse treatment program; and
``(C) the term `aftercare' means placement, case management
and monitoring of the participant in a community-based
substance abuse treatment program when the participant leaves
the custody of the Bureau of Prisons.
``(6) Coordination of federal assistance.--The Bureau of
Prisons shall consult with the Department of Health and Human
Services concerning substance abuse treatment and related
services and the incorporation of applicable components of
existing comprehensive approaches including relapse
prevention and aftercare services.''.
Subtitle U--Residential Substance Abuse Treatment for State Prisoners
SEC. 32101. RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE
PRISONERS.
(a) Residential Substance Abuse Treatment for Prisoners.--
Title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3711 et seq.), as amended by section
20201(a), is amended--
(1) by redesignating part S as part T;
(2) by redesignating section 1901 as section 2001; and
(3) by inserting after part R the following new part:
``PART S--RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS
``SEC. 1901. GRANT AUTHORIZATION.
``(a) The Attorney General may make grants under this part
to States, for use by States and units of local government
for the purpose of developing and implementing residential
substance abuse treatment programs within State correctional
facilities, as well as within local correctional and
detention facilities in which inmates are incarcerated for a
period of time sufficient to permit substance abuse
treatment.
``(b) Consultation.--The Attorney General shall consult
with the Secretary of Health and Human Services to ensure
that projects of substance abuse treatment and related
services for State prisoners incorporate applicable
components of existing comprehensive approaches including
relapse prevention and after care services.
``SEC. 1902. STATE APPLICATIONS.
``(a) In General.--(1) To request a grant under this part
the chief executive of a State shall submit an application to
the Attorney General in such form and containing such
information as the Attorney General may reasonably require.
``(2) Such application shall include assurances that
Federal funds received under this part shall be used to
supplement, not supplant, non-Federal funds that would
otherwise be available for activities funded under this part.
``(3) Such application shall coordinate the design and
implementation of treatment programs between State
correctional representatives and the State Alcohol and Drug
Abuse agency (and, if appropriate, between representatives of
local correctional agencies and representatives of either the
State alcohol and drug abuse agency or any appropriate local
alcohol and drug abuse agency).
``(b) Substance Abuse Testing Requirement.--To be eligible
to receive funds under this part, a State must agree to
implement or continue to require urinalysis or other proven
reliable forms of testing of individuals in correctional
residential substance abuse treatment programs. Such testing
shall include individuals released from residential substance
abuse treatment programs who remain in the custody of the
State.
``(c) Eligibility for Preference With After Care
Component.--
``(1) To be eligible for a preference under this part, a
State must ensure that individuals who participate in the
substance abuse treatment program established or implemented
with assistance provided under this part will be provided
with aftercare services.
``(2) State aftercare services must involve the
coordination of the correctional facility treatment program
with other human service and rehabilitation programs, such as
educational and job training programs, parole supervision
programs, half-way house programs, and participation in self-
help and peer group programs, that may aid in the
rehabilitation of individuals in the substance abuse
treatment program.
``(3) To qualify as an aftercare program, the head of the
substance abuse treatment program, in conjunction with State
and local authorities and organizations involved in substance
abuse treatment, shall assist in placement of substance abuse
treatment program participants with appropriate community
substance abuse treatment facilities when such individuals
leave the correctional facility at the end of a sentence or
on parole.
``(d) Coordination of Federal Assistance.--Each
application submitted for a grant under this section shall
include a description of how the funds made available under
this section will be coordinated with Federal assistance for
substance abuse treatment and aftercare services currently
provided by the Department of Health and Human Services'
Substance Abuse and Mental Health Services Administration.
``(e) State Office.--The Office designated under section
507--
``(1) shall prepare the application as required under this
section; and
``(2) shall administer grant funds received under this
part, including review of spending, processing, progress,
financial reporting, technical assistance, grant adjustments,
accounting, auditing, and fund disbursement.
``SEC. 1903. REVIEW OF STATE APPLICATIONS.
``(a) In General.--The Attorney General shall make a grant
under section 1901 to carry out the projects described in the
application submitted under section 1902 upon determining
that--
``(1) the application is consistent with the requirements
of this part; and
``(2) before the approval of the application the Attorney
General has made an affirmative finding in writing that the
proposed project has been reviewed in accordance with this
part.
``(b) Approval.--Each application submitted under section
1902 shall be considered approved, in whole or in part, by
the Attorney General not later than 90 days after first
received unless the Attorney General informs the applicant of
specific reasons for disapproval.
``(c) Restriction.--Grant funds received under this part
shall not be used for land acquisition or construction
projects.
``(d) Disapproval Notice and Reconsideration.--The Attorney
General shall not disapprove any application without first
affording the applicant reasonable notice and an opportunity
for reconsideration.
``SEC. 1904. ALLOCATION AND DISTRIBUTION OF FUNDS.
``(a) Allocation.--Of the total amount appropriated under
this part in any fiscal year--
``(1) 0.4 percent shall be allocated to each of the
participating States; and
``(2) of the total funds remaining after the allocation
under paragraph (1), there shall be allocated to each of the
participating States an amount which bears the same ratio to
the amount of remaining funds described in this paragraph as
the State prison population of such State bears to the total
prison population of all the participating States.
``(b) Federal Share.--The Federal share of a grant made
under this part may not exceed 75 percent of the total costs
of the projects described in the application submitted under
section 1902 for the fiscal year for which the projects
receive assistance under this part.
``SEC. 1905. EVALUATION.
``Each State that receives a grant under this part shall
submit to the Attorney General an evaluation not later than
March 1 of each year in such form and containing such
information as the Attorney General may reasonably
require.''.
(b) Technical Amendment.--The table of contents of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.), as amended by section 20201(b), is
amended by inserting after the matter relating to part R the
following new part:
[[Page 1793]]
``Part S--Residential Substance Abuse Treatment for State Prisoners
``Sec. 1901. Grant authorization.
``Sec. 1902. State applications.
``Sec. 1903. Review of State applications.
``Sec. 1904. Allocation and distribution of funds.
``Sec. 1905. Evaluation.
``Part T--Transition-Effective Date-Repealer
``Sec. 2001. Confirmation of rules, authorities, and proceedings.''.
(c) Definitions.--Section 901(a) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3791(a)), as
amended by section 20201(c), is amended--
(1) by striking ``and'' at the end of paragraph (23);
(2) by striking the period at the end of paragraph (24) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(25) the term `residential substance abuse treatment
program' means a course of individual and group activities,
lasting between 6 and 12 months, in residential treatment
facilities set apart from the general prison population--
``(A) directed at the substance abuse problems of the
prisoner; and
``(B) intended to develop the prisoner's cognitive,
behavioral, social, vocational, and other skills so as to
solve the prisoner's substance abuse and related problems.''.
(d) Authorization of Appropriations.--Section 1001(a) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3793), as amended by section 20201(d), is
amended--
(1) in paragraph (3) by striking ``and R'' and inserting
``R, or S''; and
(2) by adding at the end the following new paragraph:
``(17) There are authorized to be appropriated to carry out
the projects under part S--
``(A) $27,000,000 for fiscal year 1996;
``(B) $36,000,000 for fiscal year 1997;
``(C) $63,000,000 for fiscal year 1998;
``(D) $72,000,000 for fiscal year 1999; and
``(E) $72,000,000 for fiscal year 2000.''.
Subtitle V--Prevention, Diagnosis, and Treatment of Tuberculosis in
Correctional Institutions
SEC. 32201. PREVENTION, DIAGNOSIS, AND TREATMENT OF
TUBERCULOSIS IN CORRECTIONAL INSTITUTIONS.
(a) Guidelines.--The Attorney General, in consultation with
the Secretary of Health and Human Services and the Director
of the National Institute of Corrections, shall develop and
disseminate to appropriate entities, including State, Indian
tribal, and local correctional institutions and the
Immigration and Naturalization Service, guidelines for the
prevention, diagnosis, treatment, and followup care of
tuberculosis among inmates of correctional institutions and
persons held in holding facilities operated by or under
contract with the Immigration and Naturalization Service.
(b) Compliance.--The Attorney General shall ensure that
prisons in the Federal prison system and holding facilities
operated by or under contract with the Immigration and
Naturalization Service comply with the guidelines described
in subsection (a).
(c) Grants.--
(1) In general.--The Attorney General shall make grants to
State, Indian tribal, and local correction authorities and
public health authorities to assist in establishing and
operating programs for the prevention, diagnosis, treatment,
and followup care of tuberculosis among inmates of
correctional institutions.
(2) Federal share.--The Federal share of funding of a
program funded with a grant under paragraph (1) shall not
exceed 50 percent.
(3) Authorization of appropriations.--There are authorized
to be appropriated to carry out this section--
(A) $700,000 for fiscal year 1996;
(B) $1,000,000 for fiscal year 1997;
(C) $1,000,000 for fiscal year 1998;
(D) $1,100,000 for fiscal year 1999; and
(E) $1,200,000 for fiscal year 2000.
(d) Definitions.--In this section--
``Indian tribe'' means a tribe, band, pueblo, nation, or
other organized group or community of Indians, including an
Alaska Native village (as defined in or established under the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.),
that is recognized as eligible for the special programs and
services provided by the United States to Indians because of
their status as Indians.
``State'' means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, American Samoa, Guam, and the United States
Virgin Islands.
Subtitle X--Gang Resistance Education and Training
SEC. 32401. GANG RESISTANCE EDUCATION AND TRAINING PROJECTS.
(a) Establishment of Projects.--
(1) In general.--The Secretary of the Treasury shall
establish not less than 50 Gang Resistance Education and
Training (GREAT) projects, to be located in communities
across the country, in addition to the number of projects
currently funded.
(2) Selection of communities.--Communities identified for
such GREAT projects shall be selected by the Secretary of the
Treasury on the basis of gang-related activity in that
particular community.
(3) Amount of assistance per project; allocation.--The
Secretary of the Treasury shall make available not less than
$800,000 per project, subject to the availability of
appropriations, and such funds shall be allocated--
(A) 50 percent to the affected State and local law
enforcement and prevention organizations participating in
such projects; and
(B) 50 percent to the Bureau of Alcohol, Tobacco and
Firearms for salaries, expenses, and associated
administrative costs for operating and overseeing such
projects.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section--
(1) $9,000,000 for fiscal year 1995;
(2) $7,200,000 for fiscal year 1996;
(3) $7,200,000 for fiscal year 1997;
(4) $7,200,000 for fiscal year 1998;
(5) $7,200,000 for fiscal year 1999; and
(6) $7,200,000 for fiscal year 2000.
TITLE IV--VIOLENCE AGAINST WOMEN
SEC. 40001. SHORT TITLE.
This title may be cited as the ``Violence Against Women Act
of 1994''.
Subtitle A--Safe Streets for Women
SEC. 40101. SHORT TITLE.
This subtitle may be cited as the ``Safe Streets for Women
Act of 1994''.
CHAPTER 1--FEDERAL PENALTIES FOR SEX CRIMES
SEC. 40111. REPEAT OFFENDERS.
(a) In General.--Chapter 109A of title 18, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2247. Repeat offenders
``Any person who violates a provision of this chapter,
after one or more prior convictions for an offense punishable
under this chapter, or after one or more prior convictions
under the laws of any State relating to aggravated sexual
abuse, sexual abuse, or abusive sexual contact have become
final, is punishable by a term of imprisonment up to twice
that otherwise authorized.''.
(b) Amendment of Sentencing Guidelines.--The Sentencing
Commission shall implement the amendment made by subsection
(a) by promulgating amendments, if appropriate, in the
sentencing guidelines applicable to chapter 109A offenses.
(c) Chapter Analysis.--The chapter analysis for chapter
109A of title 18, United States Code, is amended by adding at
the end the following new item:
``2247. Repeat offenders.''.
SEC. 40112. FEDERAL PENALTIES.
(a) Amendment of Sentencing Guidelines.--Pursuant to its
authority under section 994(p) of title 28, United States
Code, the United States Sentencing Commission shall review
and amend, where necessary, its sentencing guidelines on
aggravated sexual abuse under section 2241 of title 18,
United States Code, or sexual abuse under section 2242 of
title 18, United States Code, as follows:
(1) The Commission shall review and promulgate amendments
to the guidelines, if appropriate, to enhance penalties if
more than 1 offender is involved in the offense.
(2) The Commission shall review and promulgate amendments
to the guidelines, if appropriate, to reduce unwarranted
disparities between the sentences for sex offenders who are
known to the victim and sentences for sex offenders who are
not known to the victim.
(3) The Commission shall review and promulgate amendments
to the guidelines to enhance penalties, if appropriate, to
render Federal penalties on Federal territory commensurate
with penalties for similar offenses in the States.
(4) The Commission shall review and promulgate amendments
to the guidelines, if appropriate, to account for the general
problem of recidivism in cases of sex offenses, the severity
of the offense, and its devastating effects on survivors.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the United States Sentencing
Commission shall review and submit to Congress a report
containing an analysis of Federal rape sentencing,
accompanied by comment from independent experts in the field,
describing--
(1) comparative Federal sentences for cases in which the
rape victim is known to the defendant and cases in which the
rape victim is not known to the defendant;
(2) comparative Federal sentences for cases on Federal
territory and sentences in surrounding States; and
(3) an analysis of the effect of rape sentences on
populations residing primarily on Federal territory relative
to the impact of other Federal offenses in which the
existence of Federal jurisdiction depends upon the offense's
being committed on Federal territory.
SEC. 40113. MANDATORY RESTITUTION FOR SEX CRIMES.
(a) Sexual Abuse.--
(1) In general.--Chapter 109A of title 18, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2248. Mandatory restitution
``(a) In General.--Notwithstanding section 3663, and in
addition to any other civil or criminal penalty authorized by
law, the court shall order restitution for any offense under
this chapter.
``(b) Scope and Nature of Order.--
``(1) Directions.--The order of restitution under this
section shall direct that--
``(A) the defendant pay to the victim (through the
appropriate court mechanism) the full amount of the victim's
losses as determined by the court, pursuant to paragraph (3);
and
[[Page 1794]]
``(B) the United States Attorney enforce the restitution
order by all available and reasonable means.
``(2) Enforcement by victim.--An order of restitution also
may be enforced by a victim named in the order to receive the
restitution in the same manner as a judgment in a civil
action.
``(3) Definition.--For purposes of this subsection, the
term `full amount of the victim's losses' includes any costs
incurred by the victim for--
``(A) medical services relating to physical, psychiatric,
or psychological care;
``(B) physical and occupational therapy or rehabilitation;
``(C) necessary transportation, temporary housing, and
child care expenses;
``(D) lost income;
``(E) attorneys' fees, plus any costs incurred in obtaining
a civil protection order; and
``(F) any other losses suffered by the victim as a
proximate result of the offense.
``(4) Order mandatory.--(A) The issuance of a restitution
order under this section is mandatory.
``(B) A court may not decline to issue an order under this
section because of--
``(i) the economic circumstances of the defendant; or
``(ii) the fact that a victim has, or is entitled to,
receive compensation for his or her injuries from the
proceeds of insurance or any other source.
``(C)(i) Notwithstanding subparagraph (A), the court may
take into account the economic circumstances of the defendant
in determining the manner in which and the schedule according
to which the restitution is to be paid.
``(ii) For purposes of this subparagraph, the term
`economic circumstances' includes--
``(I) the financial resources and other assets of the
defendant;
``(II) projected earnings, earning capacity, and other
income of the defendant; and
``(III) any financial obligations of the defendant,
including obligations to dependents.
``(D) Subparagraph (A) does not apply if--
``(i) the court finds on the record that the economic
circumstances of the defendant do not allow for the payment
of any amount of a restitution order, and do not allow for
the payment of any or some portion of the amount of a
restitution order in the foreseeable future (under any
reasonable schedule of payments); and
``(ii) the court enters in its order the amount of the
victim's losses, and provides a nominal restitution award.
``(5) More than 1 offender.--When the court finds that more
than 1 offender has contributed to the loss of a victim, the
court may make each offender liable for payment of the full
amount of restitution or may apportion liability among the
offenders to reflect the level of contribution and economic
circumstances of each offender.
``(6) More than 1 victim.--When the court finds that more
than 1 victim has sustained a loss requiring restitution by
an offender, the court shall order full restitution of each
victim but may provide for different payment schedules to
reflect the economic circumstances of each victim.
``(7) Payment schedule.--An order under this section may
direct the defendant to make a single lump-sum payment or
partial payments at specified intervals.
``(8) Setoff.--Any amount paid to a victim under this
section shall be set off against any amount later recovered
as compensatory damages by the victim from the defendant in--
``(A) any Federal civil proceeding; and
``(B) any State civil proceeding, to the extent provided by
the law of the State.
``(9) Effect on other sources of compensation.--The
issuance of a restitution order shall not affect the
entitlement of a victim to receive compensation with respect
to a loss from insurance or any other source until the
payments actually received by the victim under the
restitution order fully compensate the victim for the loss.
``(10) Condition of probation or supervised release.--
Compliance with a restitution order issued under this section
shall be a condition of any probation or supervised release
of a defendant. If an offender fails to comply with a
restitution order, the court may, after a hearing, revoke
probation or a term of supervised release, modify the terms
or conditions of probation or a term of supervised release,
or hold the defendant in contempt pursuant to section
3583(e). In determining whether to revoke probation or a term
of supervised release, modify the terms or conditions of
probation or supervised release or hold a defendant serving a
term of supervised release in contempt, the court shall
consider the defendant's employment status, earning ability
and financial resources, the willfulness of the defendant's
failure to comply, and any other circumstances that may have
a bearing on the defendant's ability to comply.
``(c) Proof of Claim.--
``(1) Affidavit.--Within 60 days after conviction and, in
any event, not later than 10 days prior to sentencing, the
United States Attorney (or the United States Attorney's
delegee), after consulting with the victim, shall prepare and
file an affidavit with the court listing the amounts subject
to restitution under this section. The affidavit shall be
signed by the United States Attorney (or the United States
Attorney's delegee) and the victim. Should the victim object
to any of the information included in the affidavit, the
United States Attorney (or the United States Attorney's
delegee) shall advise the victim that the victim may file a
separate affidavit and shall provide the victim with an
affidavit form which may be used to do so.
``(2) Objection.--If, after the defendant has been notified
of the affidavit, no objection is raised by the defendant,
the amounts attested to in the affidavit filed pursuant to
paragraph (1) shall be entered in the court's restitution
order. If objection is raised, the court may require the
victim or the United States Attorney (or the United States
Attorney's delegee) to submit further affidavits or other
supporting documents, demonstrating the victim's losses.
``(3) Additional documentation and testimony.--If the court
concludes, after reviewing the supporting documentation and
considering the defendant's objections, that there is a
substantial reason for doubting the authenticity or veracity
of the records submitted, the court may require additional
documentation or hear testimony on those questions. The
privacy of any records filed, or testimony heard, pursuant to
this section shall be maintained to the greatest extent
possible, and such records may be filed or testimony heard in
camera.
``(4) Final determination of losses.--If the victim's
losses are not ascertainable by the date that is 10 days
prior to sentencing as provided in paragraph (1), the United
States Attorney (or the United States Attorney's delegee)
shall so inform the court, and the court shall set a date for
the final determination of the victim's losses, not to exceed
90 days after sentencing. If the victim subsequently
discovers further losses, the victim shall have 60 days after
discovery of those losses in which to petition the court for
an amended restitution order. Such order may be granted only
upon a showing of good cause for the failure to include such
losses in the initial claim for restitutionary relief.
``(d) Modification of Order.--A victim or the offender may
petition the court at any time to modify a restitution order
as appropriate in view of a change in the economic
circumstances of the offender.
``(e) Reference to Magistrate or Special Master.--The court
may refer any issue arising in connection with a proposed
order of restitution to a magistrate or special master for
proposed findings of fact and recommendations as to
disposition, subject to a de novo determination of the issue
by the court.
``(f) Definition.--For purposes of this section, the term
`victim' means the individual harmed as a result of a
commission of a crime under this chapter, including, in the
case of a victim who is under 18 years of age, incompetent,
incapacitated, or deceased, the legal guardian of the victim
or representative of the victim's estate, another family
member, or any other person appointed as suitable by the
court, but in no event shall the defendant be named as such
representative or guardian.''.
(2) Technical amendment.--The chapter analysis for chapter
109A of title 18, United States Code, is amended by adding at
the end the following new item:
``2248. Mandatory restitution.''.
(b) Sexual Exploitation and Other Abuse of Children.--
(1) In general.--Chapter 110 of title 18, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2259. Mandatory restitution
``(a) In General.--Notwithstanding section 3663, and in
addition to any other civil or criminal penalty authorized by
law, the court shall order restitution for any offense under
this chapter.
``(b) Scope and Nature of Order.--
``(1) Directions.--The order of restitution under this
section shall direct that--
``(A) the defendant pay to the victim (through the
appropriate court mechanism) the full amount of the victim's
losses as determined by the court, pursuant to paragraph (3);
and
``(B) the United States Attorney enforce the restitution
order by all available and reasonable means.
``(2) Enforcement by victim.--An order of restitution may
also be enforced by a victim named in the order to receive
the restitution in the same manner as a judgment in a civil
action.
``(3) Definition.--For purposes of this subsection, the
term `full amount of the victim's losses' includes any costs
incurred by the victim for--
``(A) medical services relating to physical, psychiatric,
or psychological care;
``(B) physical and occupational therapy or rehabilitation;
``(C) necessary transportation, temporary housing, and
child care expenses;
``(D) lost income;
``(E) attorneys' fees, as well as other costs incurred; and
``(F) any other losses suffered by the victim as a
proximate result of the offense.
``(4) Order mandatory.--(A) The issuance of a restitution
order under this section is mandatory.
``(B) A court may not decline to issue an order under this
section because of--
``(i) the economic circumstances of the defendant; or
``(ii) the fact that a victim has, or is entitled to,
receive compensation for his or her injuries from the
proceeds of insurance or any other source.
``(C)(i) Notwithstanding subparagraph (A), the court may
take into account the economic circumstances of the defendant
in determining the manner in which and the
[[Page 1795]]
schedule according to which the restitution is to be paid.
``(ii) For purposes of this subparagraph, the term
`economic circumstances' includes--
``(I) the financial resources and other assets of the
defendant;
``(II) projected earnings, earning capacity, and other
income of the defendant; and
``(III) any financial obligations of the defendant,
including obligations to dependents.
``(D) Subparagraph (A) does not apply if--
``(i) the court finds on the record that the economic
circumstances of the defendant do not allow for the payment
of any amount of a restitution order, and do not allow for
the payment of any or some portion of the amount of a
restitution order in the foreseeable future (under any
reasonable schedule of payments); and
``(ii) the court enters in its order the amount of the
victim's losses, and provides a nominal restitution award.
``(5) More than 1 offender.--When the court finds that more
than 1 offender has contributed to the loss of a victim, the
court may make each offender liable for payment of the full
amount of restitution or may apportion liability among the
offenders to reflect the level of contribution and economic
circumstances of each offender.
``(6) More than 1 victim.--When the court finds that more
than 1 victim has sustained a loss requiring restitution by
an offender, the court shall order full restitution of each
victim but may provide for different payment schedules to
reflect the economic circumstances of each victim.
``(7) Payment schedule.--An order under this section may
direct the defendant to make a single lump-sum payment or
partial payments at specified intervals.
``(8) Setoff.--Any amount paid to a victim under this
section shall be set off against any amount later recovered
as compensatory damages by the victim from the defendant in--
``(A) any Federal civil proceeding; and
``(B) any State civil proceeding, to the extent provided by
the law of the State.
``(9) Effect on other sources of compensation.--The
issuance of a restitution order shall not affect the
entitlement of a victim to receive compensation with respect
to a loss from insurance or any other source until the
payments actually received by the victim under the
restitution order fully compensate the victim for the loss.
``(10) Condition of probation or supervised release.--
Compliance with a restitution order issued under this section
shall be a condition of any probation or supervised release
of a defendant. If an offender fails to comply with a
restitution order, the court may, after a hearing, revoke
probation or a term of supervised release, modify the terms
or conditions of probation or a term of supervised release,
or hold the defendant in contempt pursuant to section
3583(e). In determining whether to revoke probation or a term
of supervised release, modify the terms or conditions of
probation or supervised release or hold a defendant serving a
term of supervised release in contempt, the court shall
consider the defendant's employment status, earning ability
and financial resources, the willfulness of the defendant's
failure to comply, and any other circumstances that may have
a bearing on the defendant's ability to comply.
``(c) Proof of Claim.--
``(1) Affidavit.--Within 60 days after conviction and, in
any event, not later than 10 days prior to sentencing, the
United States Attorney (or the United States Attorney's
delegee), after consulting with the victim, shall prepare and
file an affidavit with the court listing the amounts subject
to restitution under this section. The affidavit shall be
signed by the United States Attorney (or the United States
Attorney's delegee) and the victim. Should the victim object
to any of the information included in the affidavit, the
United States Attorney (or the United States Attorney's
delegee) shall advise the victim that the victim may file a
separate affidavit and shall provide the victim with an
affidavit form which may be used to do so.
``(2) Objection.--If, after the defendant has been notified
of the affidavit, no objection is raised by the defendant,
the amounts attested to in the affidavit filed pursuant to
paragraph (1) shall be entered in the court's restitution
order. If objection is raised, the court may require the
victim or the United States Attorney (or the United States
Attorney's delegee) to submit further affidavits or other
supporting documents, demonstrating the victim's losses.
``(3) Additional documentation and testimony.--If the court
concludes, after reviewing the supporting documentation and
considering the defendant's objections, that there is a
substantial reason for doubting the authenticity or veracity
of the records submitted, the court may require additional
documentation or hear testimony on those questions. The
privacy of any records filed, or testimony heard, pursuant to
this section shall be maintained to the greatest extent
possible, and such records may be filed or testimony heard in
camera.
``(4) Final determination of losses.--If the victim's
losses are not ascertainable by the date that is 10 days
prior to sentencing as provided in paragraph (1), the United
States Attorney (or the United States Attorney's delegee)
shall so inform the court, and the court shall set a date for
the final determination of the victim's losses, not to exceed
90 days after sentencing. If the victim subsequently
discovers further losses, the victim shall have 60 days after
discovery of those losses in which to petition the court for
an amended restitution order. Such order may be granted only
upon a showing of good cause for the failure to include such
losses in the initial claim for restitutionary relief.
``(d) Modification of Order.--A victim or the offender may
petition the court at any time to modify a restitution order
as appropriate in view of a change in the economic
circumstances of the offender.
``(e) Reference to Magistrate or Special Master.--The court
may refer any issue arising in connection with a proposed
order of restitution to a magistrate or special master for
proposed findings of fact and recommendations as to
disposition, subject to a de novo determination of the issue
by the court.
``(f) Definition.--For purposes of this section, the term
`victim' means the individual harmed as a result of a
commission of a crime under this chapter, including, in the
case of a victim who is under 18 years of age, incompetent,
incapacitated, or deceased, the legal guardian of the victim
or representative of the victim's estate, another family
member, or any other person appointed as suitable by the
court, but in no event shall the defendant be named as such
representative or guardian.''.
(2) Technical amendment.--The chapter analysis for chapter
110 of title 18, United States Code, is amended by adding at
the end the following new item:
``2259. Mandatory restitution.''.
SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM'S COUNSELORS.
There are authorized to be appropriated for the United
States Attorneys for the purpose of appointing Victim/Witness
Counselors for the prosecution of sex crimes and domestic
violence crimes where applicable (such as the District of
Columbia)--
(1) $500,000 for fiscal year 1996;
(2) $500,000 for fiscal year 1997; and
(3) $500,000 for fiscal year 1998.
CHAPTER 2--LAW ENFORCEMENT AND PROSECUTION GRANTS TO REDUCE VIOLENT
CRIMES AGAINST WOMEN
SEC. 40121. GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN.
(a) In General.--Title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended
by section 32101(a), is amended--
(1) by redesignating part T as part U;
(2) by redesignating section 2001 as section 2101; and
(3) by inserting after part S the following new part:
``Part T--Grants To Combat Violent Crimes Against Women
``SEC. 2001. PURPOSE OF THE PROGRAM AND GRANTS.
``(a) General Program Purpose.--The purpose of this part is
to assist States, Indian tribal governments, and units of
local government to develop and strengthen effective law
enforcement and prosecution strategies to combat violent
crimes against women, and to develop and strengthen victim
services in cases involving violent crimes against women.
``(b) Purposes for Which Grants May Be Used.--Grants under
this part shall provide personnel, training, technical
assistance, data collection and other equipment for the more
widespread apprehension, prosecution, and adjudication of
persons committing violent crimes against women, and
specifically, for the purposes of--
``(1) training law enforcement officers and prosecutors to
more effectively identify and respond to violent crimes
against women, including the crimes of sexual assault and
domestic violence;
``(2) developing, training, or expanding units of law
enforcement officers and prosecutors specifically targeting
violent crimes against women, including the crimes of sexual
assault and domestic violence;
``(3) developing and implementing more effective police and
prosecution policies, protocols, orders, and services
specifically devoted to preventing, identifying, and
responding to violent crimes against women, including the
crimes of sexual assault and domestic violence;
``(4) developing, installing, or expanding data collection
and communication systems, including computerized systems,
linking police, prosecutors, and courts or for the purpose of
identifying and tracking arrests, protection orders,
violations of protection orders, prosecutions, and
convictions for violent crimes against women, including the
crimes of sexual assault and domestic violence;
``(5) developing, enlarging, or strengthening victim
services programs, including sexual assault and domestic
violence programs, developing or improving delivery of victim
services to racial, cultural, ethnic, and language
minorities, providing specialized domestic violence court
advocates in courts where a significant number of protection
orders are granted, and increasing reporting and reducing
attrition rates for cases involving violent crimes against
women, including crimes of sexual assault and domestic
violence;
``(6) developing, enlarging, or strengthening programs
addressing stalking; and
``(7) developing, enlarging, or strengthening programs
addressing the needs and circumstances of Indian tribes in
dealing with violent crimes against women, including the
crimes of sexual assault and domestic violence.
``SEC. 2002. STATE GRANTS.
``(a) General Grants.--The Attorney General may make grants
to States, for use by
[[Page 1796]]
States, units of local government, nonprofit nongovernmental
victim services programs, and Indian tribal governments for
the purposes described in section 2001(b).
``(b) Amounts.--Of the amounts appropriated for the
purposes of this part--
``(1) 4 percent shall be available for grants to Indian
tribal governments;
``(2) $500,000 shall be available for grants to applicants
in each State; and
``(3) the remaining funds shall be available for grants to
applicants in each State in an amount that bears the same
ratio to the amount of remaining funds as the population of
the State bears to the population of all of the States that
results from a distribution among the States on the basis of
each State's population in relation to the population of all
States (not including populations of Indian tribes).
``(c) Qualification.--Upon satisfying the terms of
subsection (d), any State shall be qualified for funds
provided under this part upon certification that--
``(1) the funds shall be used for any of the purposes
described in section 2001(b);
``(2) grantees and subgrantees shall develop a plan for
implementation and shall consult and coordinate with
nonprofit, nongovernmental victim services programs,
including sexual assault and domestic violence victim
services programs;
``(3) at least 25 percent of the amount granted shall be
allocated, without duplication, to each of the following 3
areas: prosecution, law enforcement, and victim services; and
``(4) any Federal funds received under this part shall be
used to supplement, not supplant, non-Federal funds that
would otherwise be available for activities funded under this
subtitle.
``(d) Application Requirements.--The application
requirements provided in section 513 shall apply to grants
made under this part. In addition, each application shall
include the certifications of qualification required by
subsection (c), including documentation from nonprofit,
nongovernmental victim services programs, describing their
participation in developing the plan required by subsection
(c)(2). An application shall include--
``(1) documentation from the prosecution, law enforcement,
and victim services programs to be assisted, demonstrating--
``(A) need for the grant funds;
``(B) intended use of the grant funds;
``(C) expected results from the use of grant funds; and
``(D) demographic characteristics of the populations to be
served, including age, marital status, disability, race,
ethnicity and language background;
``(2) proof of compliance with the requirements for the
payment of forensic medical exams provided in section 2005;
and
``(3) proof of compliance with the requirements for paying
filing and service fees for domestic violence cases provided
in section 2006.
``(e) Disbursement.--
``(1) In general.--Not later than 60 days after the receipt
of an application under this part, the Attorney General
shall--
``(A) disburse the appropriate sums provided for under this
part; or
``(B) inform the applicant why the application does not
conform to the terms of section 513 or to the requirements of
this section.
``(2) Regulations.--In disbursing monies under this part,
the Attorney General shall issue regulations to ensure that
States will--
``(A) give priority to areas of varying geographic size
with the greatest showing of need based on the availability
of existing domestic violence and sexual assault programs in
the population and geographic area to be served in relation
to the availability of such programs in other such
populations and geographic areas;
``(B) determine the amount of subgrants based on the
population and geographic area to be served;
``(C) equitably distribute monies on a geographic basis
including nonurban and rural areas of various geographic
sizes; and
``(D) recognize and address the needs of underserved
populations.
``(f) Federal Share.--The Federal share of a grant made
under this subtitle may not exceed 75 percent of the total
costs of the projects described in the application submitted.
``(g) Indian Tribes.--Funds appropriated by the Congress
for the activities of any agency of an Indian tribal
government or of the Bureau of Indian Affairs performing law
enforcement functions on any Indian lands may be used to
provide the non-Federal share of the cost of programs or
projects funded under this part.
``(h) Grantee Reporting.--
``(1) In general.--Upon completion of the grant period
under this part, a State or Indian tribal grantee shall file
a performance report with the Attorney General explaining the
activities carried out, which report shall include an
assessment of the effectiveness of those activities in
achieving the purposes of this part.
``(2) Certification by grantee and subgrantees.--A section
of the performance report shall be completed by each grantee
and subgrantee that performed the direct services
contemplated in the application, certifying performance of
direct services under the grant.
``(3) Suspension of funding.--The Attorney General shall
suspend funding for an approved application if--
``(A) an applicant fails to submit an annual performance
report;
``(B) funds are expended for purposes other than those
described in this part; or
``(C) a report under paragraph (1) or accompanying
assessments demonstrate to the Attorney General that the
program is ineffective or financially unsound.
``SEC. 2003. DEFINITIONS.
``In this part--
``(1) the term `domestic violence' includes felony or
misdemeanor crimes of violence committed by a current or
former spouse of the victim, by a person with whom the victim
shares a child in common, by a person who is cohabitating
with or has cohabitated with the victim as a spouse, by a
person similarly situated to a spouse of the victim under the
domestic or family violence laws of the jurisdiction
receiving grant monies, or by any other adult person against
a victim who is protected from that person's acts under the
domestic or family violence laws of the jurisdiction
receiving grant monies;
``(2) the term `Indian country' has the meaning stated in
section 1151 of title 18, United States Code;
``(3) the term `Indian tribe' means a tribe, band, pueblo,
nation, or other organized group or community of Indians,
including any Alaska Native village or regional or village
corporation (as defined in, or established pursuant to, the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.)), that is recognized as eligible for the special
programs and services provided by the United States to
Indians because of their status as Indians;
``(4) the term `law enforcement' means a public agency
charged with policing functions, including any of its
component bureaus (such as governmental victim services
programs);
``(5) the term `prosecution' means any public agency
charged with direct responsibility for prosecuting criminal
offenders, including such agency's component bureaus (such as
governmental victim services programs);
``(6) the term `sexual assault' means any conduct
proscribed by chapter 109A of title 18, United States Code,
whether or not the conduct occurs in the special maritime and
territorial jurisdiction of the United States or in a Federal
prison and includes both assaults committed by offenders who
are strangers to the victim and assaults committed by
offenders who are known or related by blood or marriage to
the victim;
``(7) the term `underserved populations' includes
populations underserved because of geographic location (such
as rural isolation), underserved racial or ethnic
populations, and populations underserved because of special
needs, such as language barriers or physical disabilities;
and
``(8) the term `victim services' means a nonprofit,
nongovernmental organization that assists domestic violence
or sexual assault victims, including rape crisis centers,
battered women's shelters, and other sexual assault or
domestic violence programs, including nonprofit,
nongovernmental organizations assisting domestic violence or
sexual assault victims through the legal process.
``SEC. 2004. GENERAL TERMS AND CONDITIONS.
``(a) Nonmonetary Assistance.--In addition to the
assistance provided under this part, the Attorney General may
request any Federal agency to use its authorities and the
resources granted to it under Federal law (including
personnel, equipment, supplies, facilities, and managerial,
technical, and advisory services) in support of State,
tribal, and local assistance efforts.
``(b) Reporting.--Not later than 180 days after the end of
each fiscal year for which grants are made under this part,
the Attorney General shall submit to the Committee on the
Judiciary of the House of Representatives and the Committee
on the Judiciary of the Senate a report that includes, for
each State and for each grantee Indian tribe--
``(1) the number of grants made and funds distributed under
this part;
``(2) a summary of the purposes for which those grants were
provided and an evaluation of their progress;
``(3) a statistical summary of persons served, detailing
the nature of victimization, and providing data on age, sex,
relationship of victim to offender, geographic distribution,
race, ethnicity, language, and disability; and
``(4) an evaluation of the effectiveness of programs funded
under this part.
``(c) Regulations or Guidelines.--Not later than 120 days
after the date of enactment of this part, the Attorney
General shall publish proposed regulations or guidelines
implementing this part. Not later than 180 days after the
date of enactment, the Attorney General shall publish final
regulations or guidelines implementing this part.
``SEC. 2005. RAPE EXAM PAYMENTS.
``(a) Restriction of Funds.--
``(1) In general.--A State, Indian tribal government, or
unit of local government, shall not be entitled to funds
under this part unless the State, Indian tribal government,
unit of local government, or another governmental entity
incurs the full out-of-pocket cost of forensic medical exams
described in subsection (b) for victims of sexual assault.
``(2) Redistribution.--Funds withheld from a State or unit
of local government under paragraph (1) shall be distributed
to other States or units of local government pro rata. Funds
withheld from an Indian tribal government under paragraph (1)
shall be distributed to other Indian tribal governments pro
rata.
``(b) Medical Costs.--A State, Indian tribal government, or
unit of local government shall be deemed to incur the full
out-of-pock-
[[Page 1797]]
et cost of forensic medical exams for victims of sexual
assault if any government entity--
``(1) provides such exams to victims free of charge to the
victim;
``(2) arranges for victims to obtain such exams free of
charge to the victims; or
``(3) reimburses victims for the cost of such exams if--
``(A) the reimbursement covers the full cost of such exams,
without any deductible requirement or limit on the amount of
a reimbursement;
``(B) the reimbursing governmental entity permits victims
to apply for reimbursement for not less than one year from
the date of the exam;
``(C) the reimbursing governmental entity provides
reimbursement not later than 90 days after written
notification of the victim's expense; and
``(D) the State, Indian tribal government, unit of local
government, or reimbursing governmental entity provides
information at the time of the exam to all victims, including
victims with limited or no English proficiency, regarding how
to obtain reimbursement.
``SEC. 2006. FILING COSTS FOR CRIMINAL CHARGES.
``(a) In General.--A State, Indian tribal government, or
unit of local government, shall not be entitled to funds
under this part unless the State, Indian tribal government,
or unit of local government--
``(1) certifies that its laws, policies, and practices do
not require, in connection with the prosecution of any
misdemeanor or felony domestic violence offense, that the
abused bear the costs associated with the filing of criminal
charges against the domestic violence offender, or the costs
associated with the issuance or service of a warrant,
protection order, or witness subpoena; or
``(2) gives the Attorney General assurances that its laws,
policies and practices will be in compliance with the
requirements of paragraph (1) within the later of--
``(A) the period ending on the date on which the next
session of the State legislature ends; or
``(B) 2 years.
``(b) Redistribution.--Funds withheld from a State, unit of
local government, or Indian tribal government under
subsection (a) shall be distributed to other States, units of
local government, and Indian tribal government, respectively,
pro rata.''.
(b) Technical Amendment.--The table of contents of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.), as amended by section 32101(b), is
amended by striking the matter relating to part T and
inserting the following:
``Part T--Grants To Combat Violent Crimes Against Women
``Sec. 2001. Purpose of the program and grants.
``Sec. 2002. State grants.
``Sec. 2003. General definitions.
``Sec. 2004. General terms and conditions.
``Sec. 2005. Rape exam payments.
``Sec. 2006. Filing costs for criminal charges.
``Part U--Transition--Effective Date--Repealer
``Sec. 2101. Continuation of rules, authorities, and proceedings.''.
(c) Authorization of Appropriations.--Section 1001(a) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3793), as amended by section 32101(d), is
amended--
(1) in paragraph (3) by striking ``and S'' and inserting
``S, and T''; and
(2) by adding at the end the following new paragraph:
``(18) There are authorized to be appropriated to carry out
part T--
``(A) $26,000,000 for fiscal year 1995;
``(B) $130,000,000 for fiscal year 1996;
``(C) $145,000,000 for fiscal year 1997;
``(D) $160,000,000 for fiscal year 1998;
``(E) $165,000,000 for fiscal year 1999; and
``(F) $174,000,000 for fiscal year 2000.''.
CHAPTER 3--SAFETY FOR WOMEN IN PUBLIC TRANSIT AND PUBLIC PARKS
SEC. 40131. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME
IN PUBLIC TRANSPORTATION.
(a) General Purpose.--There is authorized to be
appropriated not to exceed $10,000,000, for the Secretary of
Transportation (referred to in this section as the
``Secretary'') to make capital grants for the prevention of
crime and to increase security in existing and future public
transportation systems. None of the provisions of this Act
may be construed to prohibit the financing of projects under
this section where law enforcement responsibilities are
vested in a local public body other than the grant applicant.
(b) Grants for Lighting, Camera Surveillance, and Security
Phones.--
(1) From the sums authorized for expenditure under this
section for crime prevention, the Secretary is authorized to
make grants and loans to States and local public bodies or
agencies for the purpose of increasing the safety of public
transportation by--
(A) increasing lighting within or adjacent to public
transportation systems, including bus stops, subway stations,
parking lots, or garages;
(B) increasing camera surveillance of areas within and
adjacent to public transportation systems, including bus
stops, subway stations, parking lots, or garages;
(C) providing emergency phone lines to contact law
enforcement or security personnel in areas within or adjacent
to public transportation systems, including bus stops, subway
stations, parking lots, or garages; or
(D) any other project intended to increase the security and
safety of existing or planned public transportation systems.
(2) From the sums authorized under this section, at least
75 percent shall be expended on projects of the type
described in subsection (b)(1) (A) and (B).
(c) Reporting.--All grants under this section are
contingent upon the filing of a report with the Secretary and
the Department of Justice, Office of Victims of Crime,
showing crime rates in or adjacent to public transportation
before, and for a 1-year period after, the capital
improvement. Statistics shall be compiled on the basis of the
type of crime, sex, race, ethnicity, language, and
relationship of victim to the offender.
(d) Increased Federal Share.--Notwithstanding any other
provision of law, the Federal share under this section for
each capital improvement project that enhances the safety and
security of public transportation systems and that is not
required by law (including any other provision of this Act)
shall be 90 percent of the net project cost of the project.
(e) Special Grants for Projects To Study Increasing
Security for Women.--From the sums authorized under this
section, the Secretary shall provide grants and loans for the
purpose of studying ways to reduce violent crimes against
women in public transit through better design or operation of
public transit systems.
(f) General Requirements.--All grants or loans provided
under this section shall be subject to the same terms,
conditions, requirements, and provisions applicable to grants
and loans as specified in section 5321 of title 49, United
States Code.
SEC. 40132. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME
IN NATIONAL PARKS.
Public Law 91-383 (16 U.S.C. 1a-1 et seq.) is amended by
adding at the end the following new section:
``SEC. 13. NATIONAL PARK SYSTEM CRIME PREVENTION ASSISTANCE.
``(a) Availability of Funds.--There are authorized to be
appropriated out of the Violent Crime Reduction Trust Fund,
not to exceed $10,000,000 for the Secretary of the Interior
to take all necessary actions to seek to reduce the incidence
of violent crime in the National Park System.
``(b) Recommendations for Improvement.--The Secretary shall
direct the chief official responsible for law enforcement
within the National Park Service to--
``(1) compile a list of areas within the National Park
System with the highest rates of violent crime;
``(2) make recommendations concerning capital improvements,
and other measures, needed within the National Park System to
reduce the rates of violent crime, including the rate of
sexual assault; and
``(3) publish the information required by paragraphs (1)
and (2) in the Federal Register.
``(c) Distribution of Funds.--Based on the recommendations
and list issued pursuant to subsection (b), the Secretary
shall distribute the funds authorized by subsection (a)
throughout the National Park System. Priority shall be given
to those areas with the highest rates of sexual assault.
``(d) Use of Funds.--Funds provided under this section may
be used--
``(1) to increase lighting within or adjacent to National
Park System units;
``(2) to provide emergency phone lines to contact law
enforcement or security personnel in areas within or adjacent
to National Park System units;
``(3) to increase security or law enforcement personnel
within or adjacent to National Park System units; or
``(4) for any other project intended to increase the
security and safety of National Park System units.''.
SEC. 40133. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME
IN PUBLIC PARKS.
Section 6 of the Land and Water Conservation Fund Act of
1965 (16 U.S.C. 460l-8) is amended by adding at the end the
following new subsection:
``(h) Capital Improvement and Other Projects to Reduce
Crime.--
``(1) Availability of funds.--In addition to assistance for
planning projects, and in addition to the projects identified
in subsection (e), and from amounts appropriated out of the
Violent Crime Reduction Trust Fund, the Secretary may provide
financial assistance to the States, not to exceed
$15,000,000, for projects or combinations thereof for the
purpose of making capital improvements and other measures to
increase safety in urban parks and recreation areas,
including funds to--
``(A) increase lighting within or adjacent to public parks
and recreation areas;
``(B) provide emergency phone lines to contact law
enforcement or security personnel in areas within or adjacent
to public parks and recreation areas;
``(C) increase security personnel within or adjacent to
public parks and recreation areas; and
``(D) fund any other project intended to increase the
security and safety of public parks and recreation areas.
``(2) Eligibility.--In addition to the requirements for
project approval imposed by this section, eligibility for
assistance under this subsection shall be dependent upon a
showing of need. In providing funds under
[[Page 1798]]
this subsection, the Secretary shall give priority to
projects proposed for urban parks and recreation areas with
the highest rates of crime and, in particular, to urban parks
and recreation areas with the highest rates of sexual
assault.
``(3) Federal share.--Notwithstanding subsection (c), the
Secretary may provide 70 percent improvement grants for
projects undertaken by any State for the purposes described
in this subsection, and the remaining share of the cost shall
be borne by the State.''.
CHAPTER 4--NEW EVIDENTIARY RULES
SEC. 40141. SEXUAL HISTORY IN CRIMINAL AND CIVIL CASES.
(a) Modification of Proposed Amendment.--The proposed
amendments to the Federal Rules of Evidence that are embraced
by an order entered by the Supreme Court of the United States
on April 29, 1994, shall take effect on December 1, 1994, as
otherwise provided by law, but with the amendment made by
subsection (b).
(b) Rule.--Rule 412 of the Federal Rules of Evidence is
amended to read as follows:
``RULE 412. SEX OFFENSE CASES; RELEVANCE OF ALLEGED VICTIM'S
PAST SEXUAL BEHAVIOR OR ALLEGED SEXUAL
PREDISPOSITION
``(a) Evidence Generally Inadmissible.--The following
evidence is not admissible in any civil or criminal
proceeding involving alleged sexual misconduct except as
provided in subdivisions (b) and (c):
``(1) Evidence offered to prove that any alleged victim
engaged in other sexual behavior.
``(2) Evidence offered to prove any alleged victim's sexual
predisposition.
``(b) Exceptions.--
``(1) In a criminal case, the following evidence is
admissible, if otherwise admissible under these rules:
``(A) evidence of specific instances of sexual behavior by
the alleged victim offered to prove that a person other than
the accused was the source of semen, injury or other physical
evidence;
``(B) evidence of specific instances of sexual behavior by
the alleged victim with respect to the person accused of the
sexual misconduct offered by the accused to prove consent or
by the prosecution; and
``(C) evidence the exclusion of which would violate the
constitutional rights of the defendant.
``(2) In a civil case, evidence offered to prove the sexual
behavior or sexual predisposition of any alleged victim is
admissible if it is otherwise admissible under these rules
and its probative value substantially outweighs the danger of
harm to any victim and of unfair prejudice to any party.
Evidence of an alleged victim's reputation is admissible only
if it has been placed in controversy by the alleged victim.
``(c) Procedure To Determine Admissibility.--
``(1) A party intending to offer evidence under subdivision
(b) must--
``(A) file a written motion at least 14 days before trial
specifically describing the evidence and stating the purpose
for which it is offered unless the court, for good cause
requires a different time for filing or permits filing during
trial; and
``(B) serve the motion on all parties and notify the
alleged victim or, when appropriate, the alleged victim's
guardian or representative.
``(2) Before admitting evidence under this rule the court
must conduct a hearing in camera and afford the victim and
parties a right to attend and be heard. The motion, related
papers, and the record of the hearing must be sealed and
remain under seal unless the court orders otherwise.''.
(c) Technical Amendment.--The table of contents for the
Federal Rules of Evidence is amended by amending the item
relating to rule 412 to read as follows:
``412. Sex Offense Cases; Relevance of Alleged Victim's Past Sexual
Behavior or Alleged Sexual Predisposition:
``(a) Evidence generally inadmissible.
``(b) Exceptions.
``(c) Procedure to determine admissibility.''.
CHAPTER 5--ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT
SEC. 40151. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL
ASSAULTS AGAINST WOMEN.
Part A of title XIX of the Public Health and Human Services
Act (42 U.S.C. 300w et seq.) is amended by adding at the end
the following new section:
``SEC. 1910A. USE OF ALLOTMENTS FOR RAPE PREVENTION
EDUCATION.
``(a) Permitted Use.--Notwithstanding section 1904(a)(1),
amounts transferred by the State for use under this part may
be used for rape prevention and education programs conducted
by rape crisis centers or similar nongovernmental nonprofit
entities for--
``(1) educational seminars;
``(2) the operation of hotlines;
``(3) training programs for professionals;
``(4) the preparation of informational materials; and
``(5) other efforts to increase awareness of the facts
about, or to help prevent, sexual assault, including efforts
to increase awareness in underserved racial, ethnic, and
language minority communities.
``(b) Targeting of Education Programs.--States providing
grant monies must ensure that at least 25 percent of the
monies are devoted to education programs targeted for middle
school, junior high school, and high school students.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
``(1) $35,000,000 for fiscal year 1996;
``(2) $35,000,000 for fiscal year 1997;
``(3) $45,000,000 for fiscal year 1998;
``(4) $45,000,000 for fiscal year 1999; and
``(5) $45,000,000 for fiscal year 2000.
``(d) Limitation.--Funds authorized under this section may
only be used for providing rape prevention and education
programs.
``(e) Definition.--For purposes of this section, the term
`rape prevention and education' includes education and
prevention efforts directed at offenses committed by
offenders who are not known to the victim as well as
offenders who are known to the victim.
``(f) Terms.--The Secretary shall make allotments to each
State on the basis of the population of the State, and
subject to the conditions provided in this section and
sections 1904 through 1909.''.
SEC. 40152. TRAINING PROGRAMS.
(a) In General.--The Attorney General, after consultation
with victim advocates and individuals who have expertise in
treating sex offenders, shall establish criteria and develop
training programs to assist probation and parole officers and
other personnel who work with released sex offenders in the
areas of--
(1) case management;
(2) supervision; and
(3) relapse prevention.
(b) Training Programs.--The Attorney General shall ensure,
to the extent practicable, that training programs developed
under subsection (a) are available in geographically diverse
locations throughout the country.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
(1) $1,000,000 for fiscal year 1996; and
(2) $1,000,000 for fiscal year 1997.
SEC. 40153. CONFIDENTIALITY OF COMMUNICATIONS BETWEEN SEXUAL
ASSAULT OR DOMESTIC VIOLENCE VICTIMS AND THEIR
COUNSELORS.
(a) Study and Development of Model Legislation.--The
Attorney General shall--
(1) study and evaluate the manner in which the States have
taken measures to protect the confidentiality of
communications between sexual assault or domestic violence
victims and their therapists or trained counselors;
(2) develop model legislation that will provide the maximum
protection possible for the confidentiality of such
communications, within any applicable constitutional limits,
taking into account the following factors:
(A) the danger that counseling programs for victims of
sexual assault and domestic violence will be unable to
achieve their goal of helping victims recover from the trauma
associated with these crimes if there is no assurance that
the records of the counseling sessions will be kept
confidential;
(B) consideration of the appropriateness of an absolute
privilege for communications between victims of sexual
assault or domestic violence and their therapists or trained
counselors, in light of the likelihood that such an absolute
privilege will provide the maximum guarantee of
confidentiality but also in light of the possibility that
such an absolute privilege may be held to violate the rights
of criminal defendants under the Federal or State
constitutions by denying them the opportunity to obtain
exculpatory evidence and present it at trial; and
(C) consideration of what limitations on the disclosure of
confidential communications between victims of these crimes
and their counselors, short of an absolute privilege, are
most likely to ensure that the counseling programs will not
be undermined, and specifically whether no such disclosure
should be allowed unless, at a minimum, there has been a
particularized showing by a criminal defendant of a
compelling need for records of such communications, and
adequate procedural safeguards are in place to prevent
unnecessary or damaging disclosures; and
(3) prepare and disseminate to State authorities the
findings made and model legislation developed as a result of
the study and evaluation.
(b) Report and Recommendations.--Not later than the date
that is 1 year after the date of enactment of this Act, the
Attorney General shall report to the Congress--
(1) the findings of the study and the model legislation
required by this section; and
(2) recommendations based on the findings on the need for
and appropriateness of further action by the Federal
Government.
(c) Review of Federal Evidentiary Rules.--The Judicial
Conference of the United States shall evaluate and report to
Congress its views on whether the Federal Rules of Evidence
should be amended, and if so, how they should be amended, to
guarantee that the confidentiality of communications between
sexual assault victims and their therapists or trained
counselors will be adequately protected in Federal court
proceedings.
SEC. 40154. INFORMATION PROGRAMS.
The Attorney General shall compile information regarding
sex offender treatment programs and ensure that information
regarding community treatment programs in the community into
which a convicted sex offender is released is made available
to each person serving a sentence of imprisonment in a
Federal penal or correctional institution for a commission of
an offense under chapter 109A of title 18, United States
Code, or for the commission of a similar offense, includ-
[[Page 1799]]
ing halfway houses and psychiatric institutions.
SEC. 40155. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL
ABUSE OF RUNAWAY, HOMELESS, AND STREET YOUTH.
Part A of the Runaway and Homeless Youth Act (42 U.S.C.
5711 et seq.) is amended--
(1) by redesignating sections 316 and 317 as sections 317
and 318, respectively; and
(2) by inserting after section 315 the following new
section:
``grants for prevention of sexual abuse and exploitation
``Sec. 316. (a) In General.--The Secretary shall make
grants under this section to private, nonprofit agencies for
street-based outreach and education, including treatment,
counseling, provision of information, and referral for
runaway, homeless, and street youth who have been subjected
to or are at risk of being subjected to sexual abuse.
``(b) Priority.--In selecting among applicants for grants
under subsection (a), the Secretary shall give priority to
agencies that have experience in providing services to
runaway, homeless, and street youth.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
``(1) $7,000,000 for fiscal year 1996;
``(2) $8,000,000 for fiscal year 1997; and
``(3) $15,000,000 for fiscal year 1998.
``(d) Definitions.--For the purposes of this section--
``(1) the term `street-based outreach and education'
includes education and prevention efforts directed at
offenses committed by offenders who are not known to the
victim as well as offenders who are known to the victim; and
``(2) the term `street youth' means a juvenile who spends a
significant amount of time on the street or in other areas of
exposure to encounters that may lead to sexual abuse.''.
SEC. 40156. VICTIMS OF CHILD ABUSE PROGRAMS.
(a) Court-Appointed Special Advocate Program.--
(1) Reauthorization.--Section 218(a) of the Victims of
Child Abuse Act of 1990 (42 U.S.C. 13014(a)) is amended to
read as follows:
``(a) Authorization.--There are authorized to be
appropriated to carry out this subtitle--
``(1) $6,000,000 for fiscal year 1996;
``(2) $6,000,000 for fiscal year 1997;
``(3) $7,000,000 for fiscal year 1998;
``(4) $9,000,000 for fiscal year 1999; and
``(5) $10,000,000 for fiscal year 2000.''.
(2) Technical amendment.--Section 216 of the Victims of
Child Abuse Act of 1990 (42 U.S.C. 13012) is amended by
striking ``this chapter'' and inserting ``this subtitle''.
(b) Child Abuse Training Programs for Judicial Personnel
and Practitioners.--
(1) Reauthorization.--Section 224(a) of the Victims of
Child Abuse Act of 1990 (42 U.S.C. 13024(a)) is amended to
read as follows:
``(a) Authorization.--There are authorized to be
appropriated to carry out this subtitle--
``(1) $750,000 for fiscal year 1996;
``(2) $1,000,000 for fiscal year 1997;
``(3) $2,000,000 for fiscal year 1998;
``(4) $2,000,000 for fiscal year 1999; and
``(5) $2,300,000 for fiscal year 2000.''.
(2) Technical amendment.--Section 221(b) of the Victims of
Child Abuse Act of 1990 (42 U.S.C. 13021(b)) is amended by
striking ``this chapter'' and inserting ``this subtitle''.
(c) Grants for Televised Testimony.--Title I of the Omnibus
Crime Control and Safe Streets Act of 1968 is amended--
(1) by amending section 1001(a)(7) (42 U.S.C. 3793(a)(7))
to read as follows:
``(7) There are authorized to be appropriated to carry out
part N--
``(A) $250,000 for fiscal year 1996;
``(B) $1,000,000 for fiscal year 1997;
``(C) $1,000,000 for fiscal year 1998;
``(D) $1,000,000 for fiscal year 1999; and
``(E) $1,000,000 for fiscal year 2000.'';
(2) in section 1402 (42 U.S.C. 3796aa-1) by striking ``to
States, for the use of States and units of local government
in the States'';
(3) in section 1403 (42 U.S.C. 3796aa-2)--
(A) by inserting ``or unit of local government'' after ``of
a State'';
(B) by inserting ``and'' after paragraph (1);
(C) in paragraph (2) by striking the semicolon at the end
and inserting a period; and
(D) by striking paragraphs (3) and (4);
(4) in section 1404 (42 U.S.C. 3796aa-3)--
(A) in subsection (a)--
(i) by striking ``The Bureau'' and all that follows through
``determining that'' and inserting ``An applicant is eligible
to receive a grant under this part if--'';
(ii) in paragraph (1) by striking ``there is in effect in
such State'' and inserting ``the applicant certifies and the
Director determines that there is in effect in the State'';
(iii) in paragraph (2) by striking ``such State law shall
meet'' and inserting ``the applicant certifies and the
Director determines that State law meets'';
(iv) by inserting ``and'' after subparagraph (E);
(v) in paragraph (3)--
(I) by inserting ``the Director determines that'' before
``the application''; and
(II) by striking ``; and'' and inserting a period;
(vi) by striking paragraph (4);
(vii) by striking ``Each application'' and inserting the
following:
``(b) Each application''; and
(viii) by striking ``the Bureau'' each place it appears and
inserting ``the Director''; and
(B) by redesignating subsection (b) as subsection (c) and
by striking ``The Bureau'' and inserting ``The Director'';
(5) by striking section 1405 (42 U.S.C. 3796aa-4);
(6) in section 1406 (42 U.S.C. 3796aa-5)--
(A) in subsection (a)--
(i) by striking ``State which'' and inserting ``State or
unit of local government that'';
(ii) by striking ``title'' and inserting ``part''; and
(iii) in paragraph (1) by striking ``State''; and
(B) in subsection (b)(1) by striking ``such State'' and
inserting ``the State and units of local government in the
State'';
(7) in section 1407 (42 U.S.C. 3796aa-6)--
(A) in subsection (c)--
(i) by striking ``Each State'' and all that follows through
``effective audit'' and inserting ``Grant recipients (or
private organizations with which grant recipients have
contracted to provide equipment or training using grant
funds) shall keep such records as the Director may require by
rule to facilitate such an audit.''; and
(ii) in paragraph (2) by striking ``States which receive
grants, and of units of local government which receive any
part of a grant made under this part'' and inserting ``grant
recipients (or private organizations with which grant
recipients have contracted to provide equipment or training
using grant funds)''; and
(B) by adding at the end the following new subsection:
``(d) Utilization of Private Sector.--Nothing in this part
shall prohibit the utilization of any grant funds to contract
with a private organization to provide equipment or training
for the televising of testimony as contemplated by the
application submitted by an applicant.'';
(8) by striking section 1408 (42 U.S.C. 3796aa-7); and
(9) in the table of contents--
(A) in the item relating to section 1405 by striking
``Allocation and distribution of funds under formula grants''
and inserting ``(Repealed)''; and
(B) in the item relating to section 1408 by striking
``State office'' and inserting ``(Repealed)''.
Subtitle B--Safe Homes for Women
SEC. 40201. SHORT TITLE.
This title may be cited as the ``Safe Homes for Women Act
of 1994''.
CHAPTER 1--NATIONAL DOMESTIC VIOLENCE HOTLINE
SEC. 40211. GRANT FOR A NATIONAL DOMESTIC VIOLENCE HOTLINE.
The Family Violence Prevention and Services Act (42 U.S.C.
10401 et seq.) is amended by adding at the end the following
new section:
``SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.
``(a) In General.--The Secretary may award a grant to a
private, nonprofit entity to provide for the operation of a
national, toll-free telephone hotline to provide information
and assistance to victims of domestic violence.
``(b) Duration.--A grant under this section may extend over
a period of not more than 5 years.
``(c) Annual Approval.--The provision of payments under a
grant under this section shall be subject to annual approval
by the Secretary and subject to the availability of
appropriations for each fiscal year to make the payments.
``(d) Activities.--Funds received by an entity under this
section shall be used to establish and operate a national,
toll-free telephone hotline to provide information and
assistance to victims of domestic violence. In establishing
and operating the hotline, a private, nonprofit entity
shall--
``(1) contract with a carrier for the use of a toll-free
telephone line;
``(2) employ, train, and supervise personnel to answer
incoming calls and provide counseling and referral services
to callers on a 24-hour-a-day basis;
``(3) assemble and maintain a current database of
information relating to services for victims of domestic
violence to which callers may be referred throughout the
United States, including information on the availability of
shelters that serve battered women; and
``(4) publicize the hotline to potential users throughout
the United States.
``(e) Application.--A grant may not be made under this
section unless an application for such grant has been
approved by the Secretary. To be approved by the Secretary
under this subsection an application shall--
``(1) contain such agreements, assurances, and information,
be in such form and be submitted in such manner as the
Secretary shall prescribe through notice in the Federal
Register;
``(2) include a complete description of the applicant's
plan for the operation of a national domestic violence
hotline, including descriptions of--
``(A) the training program for hotline personnel;
``(B) the hiring criteria for hotline personnel;
``(C) the methods for the creation, maintenance and
updating of a resource database;
``(D) a plan for publicizing the availability of the
hotline;
``(E) a plan for providing service to non-English speaking
callers, including hotline personnel who speak Spanish; and
``(F) a plan for facilitating access to the hotline by
persons with hearing impairments;
``(3) demonstrate that the applicant has nationally
recognized expertise in the area
[[Page 1800]]
of domestic violence and a record of high quality service to
victims of domestic violence, including a demonstration of
support from advocacy groups, such as domestic violence State
coalitions or recognized national domestic violence groups;
``(4) demonstrates that the applicant has a commitment to
diversity, and to the provision of services to ethnic,
racial, and non-English speaking minorities, in addition to
older individuals and individuals with disabilities; and
``(5) contain such other information as the Secretary may
require.
``(f) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $1,000,000 for fiscal year 1995;
``(B) $400,000 for fiscal year 1996;
``(C) $400,000 for fiscal year 1997;
``(D) $400,000 for fiscal year 1998;
``(E) $400,000 for fiscal year 1999; and
``(F) $400,000 for fiscal year 2000.
``(2) Availability.--Funds authorized to be appropriated
under paragraph (1) shall remain available until expended.''.
CHAPTER 2--INTERSTATE ENFORCEMENT
SEC. 40221. INTERSTATE ENFORCEMENT.
(a) In General.--Part 1 of title 18, United States Code, is
amended by inserting after chapter 110 the following new
chapter:
``CHAPTER 110A--DOMESTIC VIOLENCE
``Sec. 2261. Interstate domestic violence.
``Sec. 2262. Interstate violation of protection order.
``Sec. 2263. Pretrial release of defendant.
``Sec. 2264. Restitution.
``Sec. 2265. Full faith and credit given to protection orders.
``Sec. 2266. Definitions.
``Sec. 2261. Interstate domestic violence
``(a) Offenses.--
``(1) Crossing a state line.--A person who travels across a
State line or enters or leaves Indian country with the intent
to injure, harass, or intimidate that person's spouse or
intimate partner, and who, in the course of or as a result of
such travel, intentionally commits a crime of violence and
thereby causes bodily injury to such spouse or intimate
partner, shall be punished as provided in subsection (b).
``(2) Causing the crossing of a state line.--A person who
causes a spouse or intimate partner to cross a State line or
to enter or leave Indian country by force, coercion, duress,
or fraud and, in the course or as a result of that conduct,
intentionally commits a crime of violence and thereby causes
bodily injury to the person's spouse or intimate partner,
shall be punished as provided in subsection (b).
``(b) Penalties.--A person who violates this section shall
be fined under this title, imprisoned--
``(1) for life or any term of years, if death of the
offender's spouse or intimate partner results;
``(2) for not more than 20 years if permanent disfigurement
or life threatening bodily injury to the offender's spouse or
intimate partner results;
``(3) for not more than 10 years, if serious bodily injury
to the offender's spouse or intimate partner results or if
the offender uses a dangerous weapon during the offense;
``(4) as provided for the applicable conduct under chapter
109A if the offense would constitute an offense under chapter
109A (without regard to whether the offense was committed in
the special maritime and territorial jurisdiction of the
United States or in a Federal prison); and
``(5) for not more than 5 years, in any other case,
or both fined and imprisoned.
``Sec. 2262. Interstate violation of protection order
``(a) Offenses.--
``(1) Crossing a state line.--A person who travels across a
State line or enters or leaves Indian country with the intent
to engage in conduct that--
``(A)(i) violates the portion of a protection order that
involves protection against credible threats of violence,
repeated harassment, or bodily injury to the person or
persons for whom the protection order was issued; or
``(ii) would violate subparagraph (A) if the conduct
occurred in the jurisdiction in which the order was issued;
and
``(B) subsequently engages in such conduct,
shall be punished as provided in subsection (b).
``(2) Causing the crossing of a state line.--A person who
causes a spouse or intimate partner to cross a State line or
to enter or leave Indian country by force, coercion, duress,
or fraud, and, in the course or as a result of that conduct,
intentionally commits an act that injures the person's spouse
or intimate partner in violation of a valid protection order
issued by a State shall be punished as provided in subsection
(b).
``(b) Penalties.--A person who violates this section shall
be fined under this title, imprisoned--
``(1) for life or any term of years, if death of the
offender's spouse or intimate partner results;
``(2) for not more than 20 years if permanent disfigurement
or life threatening bodily injury to the offender's spouse or
intimate partner results;
``(3) for not more than 10 years, if serious bodily injury
to the offender's spouse or intimate partner results or if
the offender uses a dangerous weapon during the offense;
``(4) as provided for the applicable conduct under chapter
109A if the offense would constitute an offense under chapter
109A (without regard to whether the offense was committed in
the special maritime and territorial jurisdiction of the
United States or in a Federal prison); and
``(5) for not more than 5 years, in any other case,
or both fined and imprisoned.
``Sec. 2263. Pretrial release of defendant
``In any proceeding pursuant to section 3142 for the
purpose of determining whether a defendant charged under this
chapter shall be released pending trial, or for the purpose
of determining conditions of such release, the alleged victim
shall be given an opportunity to be heard regarding the
danger posed by the defendant.
``Sec. 2264. Restitution
``(a) In General.--Notwithstanding section 3663, and in
addition to any other civil or criminal penalty authorized by
law, the court shall order restitution for any offense under
this chapter.
``(b) Scope and Nature of Order.--
``(1) Directions.--The order of restitution under this
section shall direct that--
``(A) the defendant pay to the victim (through the
appropriate court mechanism) the full amount of the victim's
losses as determined by the court, pursuant to paragraph (3);
and
``(B) the United States Attorney enforce the restitution
order by all available and reasonable means.
``(2) Enforcement by victim.--An order of restitution also
may be enforced by a victim named in the order to receive the
restitution in the same manner as a judgment in a civil
action.
``(3) Definition.--For purposes of this subsection, the
term `full amount of the victim's losses' includes any costs
incurred by the victim for--
``(A) medical services relating to physical, psychiatric,
or psychological care;
``(B) physical and occupational therapy or rehabilitation;
``(C) necessary transportation, temporary housing, and
child care expenses;
``(D) lost income;
``(E) attorneys' fees, plus any costs incurred in obtaining
a civil protection order; and
``(F) any other losses suffered by the victim as a
proximate result of the offense.
``(4) Order mandatory.--(A) The issuance of a restitution
order under this section is mandatory.
``(B) A court may not decline to issue an order under this
section because of--
``(i) the economic circumstances of the defendant; or
``(ii) the fact that a victim has, or is entitled to,
receive compensation for his or her injuries from the
proceeds of insurance or any other source.
``(C)(i) Notwithstanding subparagraph (A), the court may
take into account the economic circumstances of the defendant
in determining the manner in which and the schedule according
to which the restitution is to be paid.
``(ii) For purposes of this subparagraph, the term
`economic circumstances' includes--
``(I) the financial resources and other assets of the
defendant;
``(II) projected earnings, earning capacity, and other
income of the defendant; and
``(III) any financial obligations of the defendant,
including obligations to dependents.
``(D) Subparagraph (A) does not apply if--
``(i) the court finds on the record that the economic
circumstances of the defendant do not allow for the payment
of any amount of a restitution order, and do not allow for
the payment of any or some portion of the amount of a
restitution order in the foreseeable future (under any
reasonable schedule of payments); and
``(ii) the court enters in its order the amount of the
victim's losses, and provides a nominal restitution award.
``(5) More than 1 offender.--When the court finds that more
than 1 offender has contributed to the loss of a victim, the
court may make each offender liable for payment of the full
amount of restitution or may apportion liability among the
offenders to reflect the level of contribution and economic
circumstances of each offender.
``(6) More than 1 victim.--When the court finds that more
than 1 victim has sustained a loss requiring restitution by
an offender, the court shall order full restitution of each
victim but may provide for different payment schedules to
reflect the economic circumstances of each victim.
``(7) Payment schedule.--An order under this section may
direct the defendant to make a single lump-sum payment or
partial payments at specified intervals.
``(8) Setoff.--Any amount paid to a victim under this
section shall be set off against any amount later recovered
as compensatory damages by the victim from the defendant in--
``(A) any Federal civil proceeding; and
``(B) any State civil proceeding, to the extent provided by
the law of the State.
``(9) Effect on other sources of compensation.--The
issuance of a restitution order shall not affect the
entitlement of a victim to receive compensation with respect
to a loss from insurance or any other source until the
payments actually received by the victim under the
restitution order fully compensate the victim for the loss.
``(10) Condition of probation or supervised release.--
Compliance with a restitution order issued under this section
shall be a condition of any probation or supervised release
of a defendant. If an offender fails to
[[Page 1801]]
comply with a restitution order, the court may, after a
hearing, revoke probation or a term of supervised release,
modify the terms or conditions of probation or a term of
supervised release, or hold the defendant in contempt
pursuant to section 3583(e). In determining whether to revoke
probation or a term of supervised release, modify the terms
or conditions of probation or supervised release or hold a
defendant serving a term of supervised release in contempt,
the court shall consider the defendant's employment status,
earning ability and financial resources, the willfulness of
the defendant's failure to comply, and any other
circumstances that may have a bearing on the defendant's
ability to comply.
``(c) Affidavit.--Within 60 days after conviction and, in
any event, not later than 10 days before sentencing, the
United States Attorney (or such Attorney's delegate), after
consulting with the victim, shall prepare and file an
affidavit with the court listing the amounts subject to
restitution under this section. The affidavit shall be signed
by the United States Attorney (or the delegate) and the
victim. Should the victim object to any of the information
included in the affidavit, the United States Attorney (or the
delegate) shall advise the victim that the victim may file a
separate affidavit and assist the victim in the preparation
of the affidavit.
``(d) Objection.--If, after the defendant has been notified
of the affidavit, no objection is raised by the defendant,
the amounts attested to in the affidavit filed pursuant to
subsection (a) shall be entered in the court's restitution
order. If objection is raised, the court may require the
victim or the United States Attorney (or the United States
Attorney's delegate) to submit further affidavits or other
supporting documents, demonstrating the victim's losses.
``(e) Additional Documentation and Testimony.--If the court
concludes, after reviewing the supporting documentation and
considering the defendant's objections, that there is a
substantial reason for doubting the authenticity or veracity
of the records submitted, the court may require additional
documentation or hear testimony on those questions. The
privacy of any records filed, or testimony heard, pursuant to
this section, shall be maintained to the greatest extent
possible, and such records may be filed or testimony heard in
camera.
``(f) Final Determination of Losses.--If the victim's
losses are not ascertainable 10 days before sentencing as
provided in subsection (c), the United States Attorney (or
the United States Attorney's delegate) shall so inform the
court, and the court shall set a date for the final
determination of the victim's losses, not to exceed 90 days
after sentencing. If the victim subsequently discovers
further losses, the victim shall have 90 days after discovery
of those losses in which to petition the court for an amended
restitution order. Such order may be granted only upon a
showing of good cause for the failure to include such losses
in the initial claim for restitutionary relief.
``(g) Restitution in Addition to Punishment.--An award of
restitution to the victim of an offense under this chapter is
not a substitute for imposition of punishment under this
chapter.
``Sec. 2265. Full faith and credit given to protection orders
``(a) Full Faith and Credit.--Any protection order issued
that is consistent with subsection (b) of this section by the
court of one State or Indian tribe (the issuing State or
Indian tribe) shall be accorded full faith and credit by the
court of another State or Indian tribe (the enforcing State
or Indian tribe) and enforced as if it were the order of the
enforcing State or tribe.
``(b) Protection Order.--A protection order issued by a
State or tribal court is consistent with this subsection if--
``(1) such court has jurisdiction over the parties and
matter under the law of such State or Indian tribe; and
``(2) reasonable notice and opportunity to be heard is
given to the person against whom the order is sought
sufficient to protect that person's right to due process. In
the case of ex parte orders, notice and opportunity to be
heard must be provided within the time required by State or
tribal law, and in any event within a reasonable time after
the order is issued, sufficient to protect the respondent's
due process rights.
``(c) Cross or Counter Petition.--A protection order issued
by a State or tribal court against one who has petitioned,
filed a complaint, or otherwise filed a written pleading for
protection against abuse by a spouse or intimate partner is
not entitled to full faith and credit if--
``(1) no cross or counter petition, complaint, or other
written pleading was filed seeking such a protection order;
or
``(2) a cross or counter petition has been filed and the
court did not make specific findings that each party was
entitled to such an order.
``Sec. 2266. Definitions
``In this chapter--
`` `bodily injury' means any act, except one done in self-
defense, that results in physical injury or sexual abuse.
`` `Indian country' has the meaning stated in section 1151.
`` `protection order' includes any injunction or other
order issued for the purpose of preventing violent or
threatening acts or harassment against, or contact or
communication with or physical proximity to, another person,
including temporary and final orders issued by civil and
criminal courts (other than support or child custody orders)
whether obtained by filing an independent action or as a
pendente lite order in another proceeding so long as any
civil order was issued in response to a complaint, petition
or motion filed by or on behalf of a person seeking
protection.
`` `spouse or intimate partner' includes--
``(A) a spouse, a former spouse, a person who shares a
child in common with the abuser, and a person who cohabits or
has cohabited with the abuser as a spouse; and
``(B) any other person similarly situated to a spouse who
is protected by the domestic or family violence laws of the
State in which the injury occurred or where the victim
resides.
`` `State' includes a State of the United States, the
District of Columbia, a commonwealth, territory, or
possession of the United States.
`` `travel across State lines' does not include travel
across State lines by an individual who is a member of an
Indian tribe when such individual remains at all times in the
territory of the Indian tribe of which the individual is a
member.''.
(b) Technical Amendment.--The part analysis for part I of
title 18, United States Code, is amended by inserting after
the item for chapter 110 the following new item:
``110A. Domestic violence..................................2261.''.....
CHAPTER 3--ARREST POLICIES IN DOMESTIC VIOLENCE CASES
SEC. 40231. ENCOURAGING ARREST POLICIES.
(a) In General.--Title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended
by section 40121(a), is amended--
(1) by redesignating part U as part V;
(2) by redesignating section 2101 as section 2201; and
(3) by inserting after part T the following new part:
``PART U--GRANTS TO ENCOURAGE ARREST POLICIES
``SEC. 2101. GRANTS.
``(a) Purpose.--The purpose of this part is to encourage
States, Indian tribal governments, and units of local
government to treat domestic violence as a serious violation
of criminal law.
``(b) Grant Authority.--The Attorney General may make
grants to eligible States, Indian tribal governments, or
units of local government for the following purposes:
``(1) To implement mandatory arrest or proarrest programs
and policies in police departments, including mandatory
arrest programs and policies for protection order violations.
``(2) To develop policies and training in police
departments to improve tracking of cases involving domestic
violence.
``(3) To centralize and coordinate police enforcement,
prosecution, or judicial responsibility for domestic violence
cases in groups or units of police officers, prosecutors, or
judges.
``(4) To coordinate computer tracking systems to ensure
communication between police, prosecutors, and both criminal
and family courts.
``(5) To strengthen legal advocacy service programs for
victims of domestic violence.
``(6) To educate judges in criminal and other courts about
domestic violence and to improve judicial handling of such
cases.
``(c) Eligibility.--Eligible grantees are States, Indian
tribal governments, or units of local government that--
``(1) certify that their laws or official policies--
``(A) encourage or mandate arrests of domestic violence
offenders based on probable cause that an offense has been
committed; and
``(B) encourage or mandate arrest of domestic violence
offenders who violate the terms of a valid and outstanding
protection order;
``(2) demonstrate that their laws, policies, or practices
and their training programs discourage dual arrests of
offender and victim;
``(3) certify that their laws, policies, or practices
prohibit issuance of mutual restraining orders of protection
except in cases where both spouses file a claim and the court
makes detailed findings of fact indicating that both spouses
acted primarily as aggressors and that neither spouse acted
primarily in self-defense; and
``(4) certify that their laws, policies, or practices do
not require, in connection with the prosecution of any
misdemeanor or felony domestic violence offense, that the
abused bear the costs associated with the filing of criminal
charges or the service of such charges on an abuser, or that
the abused bear the costs associated with the issuance or
service of a warrant, protection order, or witness subpoena.
``SEC. 2102. APPLICATIONS.
``(a) Application.--An eligible grantee shall submit an
application to the Attorney General that--
``(1) contains a certification by the chief executive
officer of the State, Indian tribal government, or local
government entity that the conditions of section 2101(c) are
met or will be met within the later of--
``(A) the period ending on the date on which the next
session of the State or Indian tribal legislature ends; or
``(B) 2 years of the date of enactment of this part;
``(2) describes plans to further the purposes stated in
section 2101(a);
``(3) identifies the agency or office or groups of agencies
or offices responsible for carrying out the program; and
``(4) includes documentation from nonprofit, private sexual
assault and domestic
[[Page 1802]]
violence programs demonstrating their participation in
developing the application, and identifying such programs in
which such groups will be consulted for development and
implementation.
``(b) Priority.--In awarding grants under this part, the
Attorney General shall give priority to applicants that--
``(1) do not currently provide for centralized handling of
cases involving domestic violence by police, prosecutors, and
courts; and
``(2) demonstrate a commitment to strong enforcement of
laws, and prosecution of cases, involving domestic violence.
``SEC. 2103. REPORTS.
``Each grantee receiving funds under this part shall submit
a report to the Attorney General evaluating the effectiveness
of projects developed with funds provided under this part and
containing such additional information as the Attorney
General may prescribe.
``SEC. 2104. REGULATIONS OR GUIDELINES.
``Not later than 120 days after the date of enactment of
this part, the Attorney General shall publish proposed
regulations or guidelines implementing this part. Not later
than 180 days after the date of enactment of this part, the
Attorney General shall publish final regulations or
guidelines implementing this part.
``SEC. 2105. DEFINITIONS.
``For purposes of this part--
``(1) the term `domestic violence' includes felony or
misdemeanor crimes of violence committed by a current or
former spouse of the victim, by a person with whom the victim
shares a child in common, by a person who is cohabitating
with or has cohabitated with the victim as a spouse, by a
person similarly situated to a spouse of the victim under the
domestic or family violence laws of the jurisdiction
receiving grant monies, or by any other adult person against
a victim who is protected from that person's acts under the
domestic or family violence laws of the eligible State,
Indian tribal government, or unit of local government that
receives a grant under this part; and
``(2) the term `protection order' includes any injunction
issued for the purpose of preventing violent or threatening
acts of domestic violence, including temporary and final
orders issued by civil or criminal courts (other than support
or child custody orders or provisions) whether obtained by
filing an independent action or as a pendente lite order in
another proceeding.''.
(b) Technical Amendment.--The table of contents of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.), as amended by section 40121(b), is
amended by striking the matter relating to part U and
inserting the following:
``Part U--Grants to Encourage Arrest Policies
``Sec. 2101. Grants.
``Sec. 2102. Applications.
``Sec. 2103. Reports.
``Sec. 2104. Regulations or guidelines.
``Sec. 2105. Definitions.
``Part V--Transition--Effective Date--Repealer
``Sec. 2201. Continuation of rules, authorities, and proceedings.''.
(c) Authorization of Appropriations.--Section 1001(a) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3793), as amended by section 40121(c), is
amended--
(1) in paragraph (3) by striking ``and T'' and inserting
``T, and U''; and
(2) by adding at the end the following new paragraph:
``(19) There are authorized to be appropriated to carry out
part U--
``(A) $28,000,000 for fiscal year 1996;
``(B) $33,000,000 for fiscal year 1997; and
``(C) $59,000,000 for fiscal year 1998.
(d) Administrative Provisions.--
(1) Regulations.--Section 801(b) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3782(b)), is amended by striking ``and O'' and inserting ``O,
and U''.
(2) Denial of application.--Section 802(b) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3783(b)) is amended in the first sentence by striking
``or O'' and inserting ``O, or U''.
CHAPTER 4--SHELTER GRANTS
SEC. 40241. GRANTS FOR BATTERED WOMEN'S SHELTERS.
Section 310(a) of the Family Violence Prevention and
Services Act (42 U.S.C. 10409(a)) is amended to read as
follows:
``(a) In General.--There are authorized to be appropriated
to carry out this title--
``(1) $50,000,000 for fiscal year 1996;
``(2) $60,000,000 for fiscal year 1997;
``(3) $70,000,000 for fiscal year 1998;
``(4) $72,500,000 for fiscal year 1999; and
``(5) $72,500,000 for fiscal year 2000.''.
CHAPTER 5--YOUTH EDUCATION
SEC. 40251. YOUTH EDUCATION AND DOMESTIC VIOLENCE.
The Family Violence Prevention and Services Act (42 U.S.C.
10401 et seq.), as amended by section 40211, is amended by
adding at the end the following new section:
``SEC. 317. YOUTH EDUCATION AND DOMESTIC VIOLENCE.
``(a) General Purpose.--For purposes of this section, the
Secretary may, in consultation with the Secretary of
Education, select, implement and evaluate 4 model programs
for education of young people about domestic violence and
violence among intimate partners.
``(b) Nature of Program.--The Secretary shall select,
implement and evaluate separate model programs for 4
different audiences: primary schools, middle schools,
secondary schools, and institutions of higher education. The
model programs shall be selected, implemented, and evaluated
in consultation with educational experts, legal and
psychological experts on battering, and victim advocate
organizations such as battered women's shelters, State
coalitions and resource centers.
``(c) Review and Dissemination.--Not later than 2 years
after the date of enactment of this section, the Secretary
shall transmit the design and evaluation of the model
programs, along with a plan and cost estimate for nationwide
distribution, to the relevant committees of Congress for
review.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$400,000 for fiscal year 1996.
CHAPTER 6--COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE
SEC. 40261. ESTABLISHMENT OF COMMUNITY PROGRAMS ON DOMESTIC
VIOLENCE.
The Family Violence Prevention and Services Act (42 U.S.C.
10401 et seq.), as amended by section 40251, is amended by
adding at the end the following new section:
``SEC. 318. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES.
``(a) In General.--The Secretary shall provide grants to
nonprofit private organizations to establish projects in
local communities involving many sectors of each community to
coordinate intervention and prevention of domestic violence.
``(b) Eligibility.--To be eligible for a grant under this
section, an entity--
``(1) shall be a nonprofit organization organized for the
purpose of coordinating community projects for the
intervention in and prevention of domestic violence; and
``(2) shall include representatives of pertinent sectors of
the local community, which may include--
``(A) health care providers;
``(B) the education community;
``(C) the religious community;
``(D) the justice system;
``(E) domestic violence program advocates;
``(F) human service entities such as State child services
divisions;
``(G) business and civic leaders; and
``(H) other pertinent sectors.
``(c) Applications.--An organization that desires to
receive a grant under this section shall submit to the
Secretary an application, in such form and in such manner as
the Secretary shall prescribe through notice in the Federal
Register, that--
``(1) demonstrates that the applicant will serve a
community leadership function, bringing together opinion
leaders from each sector of the community to develop a
coordinated community consensus opposing domestic violence;
``(2) demonstrates a community action component to improve
and expand current intervention and prevention strategies
through increased communication and coordination among all
affected sectors;
``(3) includes a complete description of the applicant's
plan for the establishment and operation of the community
project, including a description of--
``(A) the method for identification and selection of an
administrative committee made up of persons knowledgeable in
domestic violence to oversee the project, hire staff, assure
compliance with the project outline, and secure annual
evaluation of the project;
``(B) the method for identification and selection of
project staff and a project evaluator;
``(C) the method for identification and selection of a
project council consisting of representatives of the
community sectors listed in subsection (b)(2);
``(D) the method for identification and selection of a
steering committee consisting of representatives of the
various community sectors who will chair subcommittees of the
project council focusing on each of the sectors; and
``(E) a plan for developing outreach and public education
campaigns regarding domestic violence; and
``(4) contains such other information, agreements, and
assurances as the Secretary may require.
``(d) Term.--A grant provided under this section may extend
over a period of not more than 3 fiscal years.
``(e) Conditions on Payment.--Payments under a grant under
this section shall be subject to--
``(1) annual approval by the Secretary; and
``(2) availability of appropriations.
``(f) Geographical Dispersion.--The Secretary shall award
grants under this section to organizations in communities
geographically dispersed throughout the country.
``(g) Use of Grant Monies.--
``(1) In general.--A grant made under subsection (a) shall
be used to establish and operate a community project to
coordinate intervention and prevention of domestic violence.
``(2) Requirements.--In establishing and operating a
project, a nonprofit private organization shall--
``(A) establish protocols to improve and expand domestic
violence intervention and prevention strategies among all
affected sectors;
``(B) develop action plans to direct responses within each
community sector that are in conjunction with development in
all other sectors; and
[[Page 1803]]
``(C) provide for periodic evaluation of the project with a
written report and analysis to assist application of this
concept in other communities.
``(h) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
``(1) $4,000,000 for fiscal year 1996; and
``(2) $6,000,000 for fiscal year 1997.
``(i) Regulations.--Not later than 60 days after the date
of enactment of this section, the Secretary shall publish
proposed regulations implementing this section. Not later
than 120 days after the date of enactment, the Secretary
shall publish final regulations implementing this section.''.
CHAPTER 7--FAMILY VIOLENCE PREVENTION AND SERVICES ACT AMENDMENTS
SEC. 40271. GRANTEE REPORTING.
(a) Submission of Application.--Section 303(a)(2)(C) of the
Family Violence Prevention and Services Act (42 U.S.C.
10402(a)(2)(C)) is amended by inserting ``and a plan to
address the needs of underserved populations, including
populations underserved because of ethnic, racial, cultural,
language diversity or geographic isolation'' after ``such
State''.
(b) Approval of Application.--Section 303(a) of the Family
Violence Prevention and Services Act (42 U.S.C. 10402(a)) is
amended by adding at the end the following new paragraph:
``(4) Upon completion of the activities funded by a grant
under this subpart, the State grantee shall file a
performance report with the Director explaining the
activities carried out together with an assessment of the
effectiveness of those activities in achieving the purposes
of this subpart. A section of this performance report shall
be completed by each grantee or subgrantee that performed the
direct services contemplated in the application certifying
performance of direct services under the grant. The Director
shall suspend funding for an approved application if an
applicant fails to submit an annual performance report or if
the funds are expended for purposes other than those set
forth under this subpart, after following the procedures set
forth in paragraph (3). Federal funds may be used only to
supplement, not supplant, State funds.''.
SEC. 40272. TECHNICAL AMENDMENTS.
(a) Definitions.--Section 309(5)(B) of the Family Violence
Prevention and Services Act (42 U.S.C. 10408(5)(B)) is
amended by inserting ``or other supportive services'' before
``by peers individually or in groups,''.
(b) Special Issue Resource Centers.--
(1) Grants.--Section 308(a)(2) of the Family Violence
Prevention and Services Act (42 U.S.C. 10407(a)(2)) is
amended by striking ``six'' and inserting ``seven''.
(2) Functions.--Section 308(c) of the Family Violence
Prevention and Services Act (42 U.S.C. 10407(c)) is amended--
(A) by striking the period at the end of paragraph (6) and
inserting ``, including the issuance and enforcement of
protection orders.''; and
(B) by adding at the end the following new paragraph:
``(7) Providing technical assistance and training to State
domestic violence coalitions.''.
(c) State Domestic Violence Coalitions.--Section 311(a) of
the Family Violence Prevention and Services Act (42 U.S.C.
10410(a)) is amended--
(1) by redesignating paragraphs (1), (2), (3), and (4) as
paragraphs (2), (3), (4), and (5);
(2) by inserting before paragraph (2), as redesignated by
paragraph (1), the following new paragraph:
``(1) working with local domestic violence programs and
providers of direct services to encourage appropriate
responses to domestic violence within the State, including--
``(A) training and technical assistance for local programs
and professionals working with victims of domestic violence;
``(B) planning and conducting State needs assessments and
planning for comprehensive services;
``(C) serving as an information clearinghouse and resource
center for the State; and
``(D) collaborating with other governmental systems which
affect battered women;'';
(3) in paragraph (2)(K), as redesignated by paragraph (1),
by striking ``and court officials and other professionals''
and inserting ``, judges, court officers and other criminal
justice professionals,'';
(4) in paragraph (3), as redesignated by paragraph (1)--
(A) by inserting ``, criminal court judges,'' after
``family law judges,'' each place it appears;
(B) in subparagraph (F), by inserting ``custody'' after
``temporary''; and
(C) in subparagraph (H), by striking ``supervised
visitations that do not endanger victims and their
children,'' and inserting ``supervised visitations or denial
of visitation to protect against danger to victims or their
children''; and
(5) in paragraph (4), as redesignated by paragraph (1), by
inserting ``, including information aimed at underserved
racial, ethnic or language-minority populations'' before the
semicolon.
CHAPTER 8--CONFIDENTIALITY FOR ABUSED PERSONS
SEC. 40281. CONFIDENTIALITY OF ABUSED PERSON'S ADDRESS.
(a) Regulations.--Not later than 90 days after the date of
enactment of this Act, the United States Postal Service shall
promulgate regulations to secure the confidentiality of
domestic violence shelters and abused persons' addresses.
(b) Requirements.--The regulations under subsection (a)
shall require--
(1) in the case of an individual, the presentation to an
appropriate postal official of a valid, outstanding
protection order; and
(2) in the case of a domestic violence shelter, the
presentation to an appropriate postal authority of proof from
a State domestic violence coalition that meets the
requirements of section 311 of the Family Violence Prevention
and Services Act (42 U.S.C. 10410)) verifying that the
organization is a domestic violence shelter.
(c) Disclosure for Certain Purposes.--The regulations under
subsection (a) shall not prohibit the disclosure of addresses
to State or Federal agencies for legitimate law enforcement
or other governmental purposes.
(d) Existing Compilations.--Compilations of addresses
existing at the time at which order is presented to an
appropriate postal official shall be excluded from the scope
of the regulations under subsection (a).
CHAPTER 9--DATA AND RESEARCH
SEC. 40291. RESEARCH AGENDA.
(a) Request for Contract.--The Attorney General shall
request the National Academy of Sciences, through its
National Research Council, to enter into a contract to
develop a research agenda to increase the understanding and
control of violence against women, including rape and
domestic violence. In furtherance of the contract, the
National Academy shall convene a panel of nationally
recognized experts on violence against women, in the fields
of law, medicine, criminal justice, and direct services to
victims and experts on domestic violence in diverse, ethnic,
social, and language minority communities and the social
sciences. In setting the agenda, the Academy shall focus
primarily on preventive, educative, social, and legal
strategies, including addressing the needs of underserved
populations.
(b) Declination of Request.--If the National Academy of
Sciences declines to conduct the study and develop a research
agenda, it shall recommend a nonprofit private entity that is
qualified to conduct such a study. In that case, the Attorney
General shall carry out subsection (a) through the nonprofit
private entity recommended by the Academy. In either case,
whether the study is conducted by the National Academy of
Sciences or by the nonprofit group it recommends, the funds
for the contract shall be made available from sums
appropriated for the conduct of research by the National
Institute of Justice.
(c) Report.--The Attorney General shall ensure that no
later than 1 year after the date of enactment of this Act,
the study required under subsection (a) is completed and a
report describing the findings made is submitted to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives.
SEC. 40292. STATE DATABASES.
(a) In General.--The Attorney General shall study and
report to the States and to Congress on how the States may
collect centralized databases on the incidence of sexual and
domestic violence offenses within a State.
(b) Consultation.--In conducting its study, the Attorney
General shall consult persons expert in the collection of
criminal justice data, State statistical administrators, law
enforcement personnel, and nonprofit nongovernmental agencies
that provide direct services to victims of domestic violence.
The final report shall set forth the views of the persons
consulted on the recommendations.
(c) Report.--The Attorney General shall ensure that no
later than 1 year after the date of enactment of this Act,
the study required under subsection (a) is completed and a
report describing the findings made is submitted to the
Committees on the Judiciary of the Senate and the House of
Representatives.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
$200,000 for fiscal year 1996.
SEC. 40293. NUMBER AND COST OF INJURIES.
(a) Study.--The Secretary of Health and Human Services,
acting through the Centers for Disease Control Injury Control
Division, shall conduct a study to obtain a national
projection of the incidence of injuries resulting from
domestic violence, the cost of injuries to health care
facilities, and recommend health care strategies for reducing
the incidence and cost of such injuries.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
$100,000 for fiscal year 1996.
CHAPTER 10--RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT
SEC. 40295. RURAL DOMESTIC VIOLENCE AND CHILD ABUSE
ENFORCEMENT ASSISTANCE.
(a) Grants.--The Attorney General may make grants to
States, Indian tribal governments, and local governments of
rural States, and to other public or private entities of
rural States--
(1) to implement, expand, and establish cooperative efforts
and projects between law enforcement officers, prosecutors,
victim advocacy groups, and other related parties to
investigate and prosecute incidents of domestic violence and
child abuse;
(2) to provide treatment and counseling to victims of
domestic violence and child abuse; and
[[Page 1804]]
(3) to work in cooperation with the community to develop
education and prevention strategies directed toward such
issues.
(b) Definitions.--In this section--
``Indian tribe'' means a tribe, band, pueblo, nation, or
other organized group or community of Indians, including an
Alaska Native village (as defined in or established under the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.),
that is recognized as eligible for the special programs and
services provided by the United States to Indians because of
their status as Indians.
``rural State'' has the meaning stated in section 1501(b)
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796bb(B)).
(c) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section--
(A) $7,000,000 for fiscal year 1996;
(B) $8,000,000 for fiscal year 1997; and
(C) $15,000,000 for fiscal year 1998.
(2) Additional funding.--In addition to funds received
under a grant under subsection (a), a law enforcement agency
may use funds received under a grant under section 103 to
accomplish the objectives of this section.
Subtitle C--Civil Rights for Women
SEC. 40301. SHORT TITLE.
This subtitle may be cited as the ``Civil Rights Remedies
for Gender-Motivated Violence Act''.
SEC. 40302. CIVIL RIGHTS.
(a) Purpose.--Pursuant to the affirmative power of Congress
to enact this subtitle under section 5 of the Fourteenth
Amendment to the Constitution, as well as under section 8 of
Article I of the Constitution, it is the purpose of this
subtitle to protect the civil rights of victims of gender
motivated violence and to promote public safety, health, and
activities affecting interstate commerce by establishing a
Federal civil rights cause of action for victims of crimes of
violence motivated by gender.
(b) Right To Be Free From Crimes of Violence.--All persons
within the United States shall have the right to be free from
crimes of violence motivated by gender (as defined in
subsection (d)).
(c) Cause of Action.--A person (including a person who acts
under color of any statute, ordinance, regulation, custom, or
usage of any State) who commits a crime of violence motivated
by gender and thus deprives another of the right declared in
subsection (b) shall be liable to the party injured, in an
action for the recovery of compensatory and punitive damages,
injunctive and declaratory relief, and such other relief as a
court may deem appropriate.
(d) Definitions.--For purposes of this section--
(1) the term ``crime of violence motivated by gender''
means a crime of violence committed because of gender or on
the basis of gender, and due, at least in part, to an animus
based on the victim's gender; and
(2) the term ``crime of violence'' means--
(A) an act or series of acts that would constitute a felony
against the person or that would constitute a felony against
property if the conduct presents a serious risk of physical
injury to another, and that would come within the meaning of
State or Federal offenses described in section 16 of title
18, United States Code, whether or not those acts have
actually resulted in criminal charges, prosecution, or
conviction and whether or not those acts were committed in
the special maritime, territorial, or prison jurisdiction of
the United States; and
(B) includes an act or series of acts that would constitute
a felony described in subparagraph (A) but for the
relationship between the person who takes such action and the
individual against whom such action is taken.
(e) Limitation and Procedures.--
(1) Limitation.--Nothing in this section entitles a person
to a cause of action under subsection (c) for random acts of
violence unrelated to gender or for acts that cannot be
demonstrated, by a preponderance of the evidence, to be
motivated by gender (within the meaning of subsection (d)).
(2) No prior criminal action.--Nothing in this section
requires a prior criminal complaint, prosecution, or
conviction to establish the elements of a cause of action
under subsection (c).
(3) Concurrent jurisdiction.--The Federal and State courts
shall have concurrent jurisdiction over actions brought
pursuant to this subtitle.
(4) Supplemental jurisdiction.--Neither section 1367 of
title 28, United States Code, nor subsection (c) of this
section shall be construed, by reason of a claim arising
under such subsection, to confer on the courts of the United
States jurisdiction over any State law claim seeking the
establishment of a divorce, alimony, equitable distribution
of marital property, or child custody decree.
(5) Limitation on removal.--Section 1445 of title 28,
United States Code, is amended by adding at the end the
following new subsection:
``(d) A civil action in any State court arising under
section 40302 of the Violence Against Women Act of 1994 may
not be removed to any district court of the United States.''.
SEC. 40303. ATTORNEY'S FEES.
Section 722 of the Revised Statutes (42 U.S.C. 1988) is
amended in the last sentence--
(1) by striking ``or'' after ``Public Law 92-318,''; and
(2) by inserting ``, or section 40302 of the Violence
Against Women Act of 1994,'' after ``1964''.
SEC. 40304. SENSE OF THE SENATE CONCERNING PROTECTION OF THE
PRIVACY OF RAPE VICTIMS.
It is the sense of the Senate that news media, law
enforcement officers, and other persons should exercise
restraint and respect a rape victim's privacy by not
disclosing the victim's identity to the general public or
facilitating such disclosure without the consent of the
victim.
Subtitle D--Equal Justice for Women in the Courts Act
SEC. 40401. SHORT TITLE.
This subtitle may be cited as the ``Equal Justice for Women
in the Courts Act of 1994''.
CHAPTER 1--EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN
STATE COURTS
SEC. 40411. GRANTS AUTHORIZED.
The State Justice Institute may award grants for the
purpose of developing, testing, presenting, and disseminating
model programs to be used by States (as defined in section
202 of the State Justice Institute Act of 1984 (42 U.S.C.
10701)) in training judges and court personnel in the laws of
the States and by Indian tribes in training tribal judges and
court personnel in the laws of the tribes on rape, sexual
assault, domestic violence, and other crimes of violence
motivated by the victim's gender.
SEC. 40412. TRAINING PROVIDED BY GRANTS.
Training provided pursuant to grants made under this
subtitle may include current information, existing studies,
or current data on--
(1) the nature and incidence of rape and sexual assault by
strangers and nonstrangers, marital rape, and incest;
(2) the underreporting of rape, sexual assault, and child
sexual abuse;
(3) the physical, psychological, and economic impact of
rape and sexual assault on the victim, the costs to society,
and the implications for sentencing;
(4) the psychology of sex offenders, their high rate of
recidivism, and the implications for sentencing;
(5) the historical evolution of laws and attitudes on rape
and sexual assault;
(6) sex stereotyping of female and male victims of rape and
sexual assault, racial stereotyping of rape victims and
defendants, and the impact of such stereotypes on credibility
of witnesses, sentencing, and other aspects of the
administration of justice;
(7) application of rape shield laws and other limits on
introduction of evidence that may subject victims to improper
sex stereotyping and harassment in both rape and nonrape
cases, including the need for sua sponte judicial
intervention in inappropriate cross-examination;
(8) the use of expert witness testimony on rape trauma
syndrome, child sexual abuse accommodation syndrome, post-
traumatic stress syndrome, and similar issues;
(9) the legitimate reasons why victims of rape, sexual
assault, and incest may refuse to testify against a
defendant;
(10) the nature and incidence of domestic violence;
(11) the physical, psychological, and economic impact of
domestic violence on the victim, the costs to society, and
the implications for court procedures and sentencing;
(12) the psychology and self-presentation of batterers and
victims and the implications for court proceedings and
credibility of witnesses;
(13) sex stereotyping of female and male victims of
domestic violence, myths about presence or absence of
domestic violence in certain racial, ethnic, religious, or
socioeconomic groups, and their impact on the administration
of justice;
(14) historical evolution of laws and attitudes on domestic
violence;
(15) proper and improper interpretations of the defenses of
self-defense and provocation, and the use of expert witness
testimony on battered woman syndrome;
(16) the likelihood of retaliation, recidivism, and
escalation of violence by batterers, and the potential impact
of incarceration and other meaningful sanctions for acts of
domestic violence including violations of orders of
protection;
(17) economic, psychological, social and institutional
reasons for victims' inability to leave the batterer, to
report domestic violence or to follow through on complaints,
including the influence of lack of support from police,
judges, and court personnel, and the legitimate reasons why
victims of domestic violence may refuse to testify against a
defendant;
(18) the need for orders of protection, and the
implications of mutual orders of protection, dual arrest
policies, and mediation in domestic violence cases; and
(19) recognition of and response to gender-motivated crimes
of violence other than rape, sexual assault and domestic
violence, such as mass or serial murder motivated by the
gender of the victims.
SEC. 40413. COOPERATION IN DEVELOPING PROGRAMS IN MAKING
GRANTS UNDER THIS TITLE.
The State Justice Institute shall ensure that model
programs carried out pursuant to grants made under this
subtitle are developed with the participation of law
enforcement officials, public and private nonprofit victim
advocates, legal experts, prosecutors, defense attorneys, and
recognized experts on gender bias in the courts.
[[Page 1805]]
SEC. 40414. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
carry out this chapter--
$600,000 for fiscal year 1996.
(b) Model Programs.--Of amounts appropriated under this
section, the State Justice Institute shall expend not less
than 40 percent on model programs regarding domestic violence
and not less than 40 percent on model programs regarding rape
and sexual assault.
CHAPTER 2--EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN
FEDERAL COURTS
SEC. 40421. AUTHORIZATIONS OF CIRCUIT STUDIES; EDUCATION AND
TRAINING GRANTS.
(a) Studies.--In order to gain a better understanding of
the nature and the extent of gender bias in the Federal
courts, the circuit judicial councils are encouraged to
conduct studies of the instances, if any, of gender bias in
their respective circuits and to implement recommended
reforms.
(b) Matters for Examination.--The studies under subsection
(a) may include an examination of the effects of gender on--
(1) the treatment of litigants, witnesses, attorneys,
jurors, and judges in the courts, including before magistrate
and bankruptcy judges;
(2) the interpretation and application of the law, both
civil and criminal;
(3) treatment of defendants in criminal cases;
(4) treatment of victims of violent crimes in judicial
proceedings;
(5) sentencing;
(6) sentencing alternatives and the nature of supervision
of probation and parole;
(7) appointments to committees of the Judicial Conference
and the courts;
(8) case management and court sponsored alternative dispute
resolution programs;
(9) the selection, retention, promotion, and treatment of
employees;
(10) appointment of arbitrators, experts, and special
masters;
(11) the admissibility of the victim's past sexual history
in civil and criminal cases; and
(12) the aspects of the topics listed in section 40412 that
pertain to issues within the jurisdiction of the Federal
courts.
(c) Clearinghouse.--The Administrative Office of the United
States Courts shall act as a clearinghouse to disseminate any
reports and materials issued by the gender bias task forces
under subsection (a) and to respond to requests for such
reports and materials. The gender bias task forces shall
provide the Administrative Office of the Courts of the United
States with their reports and related material.
(d) Model Programs.--The Federal Judicial Center, in
carrying out section 620(b)(3) of title 28, United States
Code, may--
(1) include in the educational programs it presents and
prepares, including the training programs for newly appointed
judges, information on issues related to gender bias in the
courts including such areas as are listed in subsection (a)
along with such other topics as the Federal Judicial Center
deems appropriate;
(2) prepare materials necessary to implement this
subsection; and
(3) take into consideration the findings and
recommendations of the studies conducted pursuant to
subsection (a), and to consult with individuals and groups
with relevant expertise in gender bias issues as it prepares
or revises such materials.
SEC. 40422. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated--
(1) to the Salaries and Expenses Account of the Courts of
Appeals, District Courts, and other Judicial Services to
carry out section 40421(a)--
$500,000 for fiscal year 1996;
(2) to the Federal Judicial Center to carry out section
40421(d)--
$100,000 for fiscal year 1996; and
(3) to the Administrative Office of the United States
Courts to carry out section 40421(c)--
$100,000 for fiscal year 1996.
Subtitle E--Violence Against Women Act Improvements
SEC. 40501. PRE-TRIAL DETENTION IN SEX OFFENSE CASES.
Section 3156(a)(4) of title 18, United States Code, is
amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting ``; or''; and
(3) by adding after subparagraph (B) the following new
subparagraph:
``(C) any felony under chapter 109A or chapter 110.''.
SEC. 40502. INCREASED PENALTIES FOR SEX OFFENSES AGAINST
VICTIMS BELOW THE AGE OF 16.
Section 2245(2) of title 18, United States Code, is
amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by striking ``; and'' at the end of subparagraph (C)
and inserting ``; or''; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) the intentional touching, not through the clothing,
of the genitalia of another person who has not attained the
age of 16 years with an intent to abuse, humiliate, harass,
degrade, or arouse or gratify the sexual desire of any
person;''.
SEC. 40503. PAYMENT OF COST OF TESTING FOR SEXUALLY
TRANSMITTED DISEASES.
(a) For Victims in Sex Offense Cases.--Section 503(c)(7) of
the Victims' Rights and Restitution Act of 1990 (42 U.S.C.
10607(c)(7)) is amended by adding at the end the following:
``The Attorney General shall provide for the payment of the
cost of up to 2 anonymous and confidential tests of the
victim for sexually transmitted diseases, including HIV,
gonorrhea, herpes, chlamydia, and syphilis, during the 12
months following sexual assaults that pose a risk of
transmission, and the cost of a counseling session by a
medically trained professional on the accuracy of such tests
and the risk of transmission of sexually transmitted diseases
to the victim as the result of the assault. A victim may
waive anonymity and confidentiality of any tests paid for
under this section.''.
(b) Limited Testing of Defendants.--
(1) Court order.--The victim of an offense of the type
referred to in subsection (a) may obtain an order in the
district court of the United States for the district in which
charges are brought against the defendant charged with the
offense, after notice to the defendant and an opportunity to
be heard, requiring that the defendant be tested for the
presence of the etiologic agent for acquired immune
deficiency syndrome, and that the results of the test be
communicated to the victim and the defendant. Any test result
of the defendant given to the victim or the defendant must be
accompanied by appropriate counseling.
(2) Showing required.--To obtain an order under paragraph
(1), the victim must demonstrate that--
(A) the defendant has been charged with the offense in a
State or Federal court, and if the defendant has been
arrested without a warrant, a probable cause determination
has been made;
(B) the test for the etiologic agent for acquired immune
deficiency syndrome is requested by the victim after
appropriate counseling; and
(C) the test would provide information necessary for the
health of the victim of the alleged offense and the court
determines that the alleged conduct of the defendant created
a risk of transmission, as determined by the Centers for
Disease Control, of the etiologic agent for acquired immune
deficiency syndrome to the victim.
(3) Follow-up testing.--The court may order follow-up tests
and counseling under paragraph (b)(1) if the initial test was
negative. Such follow-up tests and counseling shall be
performed at the request of the victim on dates that occur
six months and twelve months following the initial test.
(4) Termination of testing requirements.--An order for
follow-up testing under paragraph (3) shall be terminated if
the person obtains an acquittal on, or dismissal of, all
charges of the type referred to in subsection (a).
(5) Confidentiality of test.--The results of any test
ordered under this subsection shall be disclosed only to the
victim or, where the court deems appropriate, to the parent
or legal guardian of the victim, and to the person tested.
The victim may disclose the test results only to any medical
professional, counselor, family member or sexual partner(s)
the victim may have had since the attack. Any such individual
to whom the test results are disclosed by the victim shall
maintain the confidentiality of such information.
(6) Disclosure of test results.--The court shall issue an
order to prohibit the disclosure by the victim of the results
of any test performed under this subsection to anyone other
than those mentioned in paragraph (5). The contents of the
court proceedings and test results pursuant to this section
shall be sealed. The results of such test performed on the
defendant under this section shall not be used as evidence in
any criminal trial.
(7) Contempt for disclosure.--Any person who discloses the
results of a test in violation of this subsection may be held
in contempt of court.
(c) Penalties for Intentional Transmission of HIV.--Not
later than 6 months after the date of enactment of this Act,
the United States Sentencing Commission shall conduct a study
and prepare and submit to the committees on the Judiciary of
the Senate and the House of Representatives a report
concerning recommendations for the revision of sentencing
guidelines that relate to offenses in which an HIV infected
individual engages in sexual activity if the individual knows
that he or she is infected with HIV and intends, through such
sexual activity, to expose another to HIV.
SEC. 40504. EXTENSION AND STRENGTHENING OF RESTITUTION.
Section 3663(b) of title 18, United States Code, is
amended--
(1) in paragraph (2) by inserting ``including an offense
under chapter 109A or chapter 110'' after ``an offense
resulting in bodily injury to a victim'';
(2) by striking ``and'' at the end of paragraph (3);
(3) by redesignating paragraph (4) as paragraph (5); and
(4) by inserting after paragraph (3) the following new
paragraph:
``(4) in any case, reimburse the victim for lost income and
necessary child care, transportation, and other expenses
related to participation in the investigation or prosecution
of the offense or attendance at proceedings related to the
offense; and''.
SEC. 40505. ENFORCEMENT OF RESTITUTION ORDERS THROUGH
SUSPENSION OF FEDERAL BENEFITS.
Section 3663 of title 18, United States Code, is amended by
adding at the end the following new subsection:
[[Page 1806]]
``(i)(1) A Federal agency shall immediately suspend all
Federal benefits provided by the agency to the defendant, and
shall terminate the defendant's eligibility for Federal
benefits administered by that agency, upon receipt of a
certified copy of a written judicial finding that the
defendant is delinquent in making restitution in accordance
with any schedule of payments or any requirement of immediate
payment imposed under this section.
``(2) Any written finding of delinquency described in
paragraph (1) shall be made by a court, after a hearing, upon
motion of the victim named in the order to receive the
restitution or upon motion of the United States.
``(3) A defendant found to be delinquent may subsequently
seek a written finding from the court that the defendant has
rectified the delinquency or that the defendant has made and
will make good faith efforts to rectify the delinquency. The
defendant's eligibility for Federal benefits shall be
reinstated upon receipt by the agency of a certified copy of
such a finding.
``(4) In this subsection, ``Federal benefit'' means a
grant, contract, loan, professional license, or commercial
license provided by an agency of the United States.''.
SEC. 40506. NATIONAL BASELINE STUDY ON CAMPUS SEXUAL ASSAULT.
(a) Study.--The Attorney General, in consultation with the
Secretary of Education, shall provide for a national baseline
study to examine the scope of the problem of campus sexual
assaults and the effectiveness of institutional and legal
policies in addressing such crimes and protecting victims.
The Attorney General may utilize the Bureau of Justice
Statistics, the National Institute of Justice, and the Office
for Victims of Crime in carrying out this section.
(b) Report.--Based on the study required by subsection (a)
and data collected under the Student Right-To-Know and Campus
Security Act (20 U.S.C. 1001 note; Public Law 101-542) and
amendments made by that Act, the Attorney General shall
prepare a report including an analysis of--
(1) the number of reported allegations and estimated number
of unreported allegations of campus sexual assaults, and to
whom the allegations are reported (including authorities of
the educational institution, sexual assault victim service
entities, and local criminal authorities);
(2) the number of campus sexual assault allegations
reported to authorities of educational institutions which are
reported to criminal authorities;
(3) the number of campus sexual assault allegations that
result in criminal prosecution in comparison with the number
of non-campus sexual assault allegations that result in
criminal prosecution;
(4) Federal and State laws or regulations pertaining
specifically to campus sexual assaults;
(5) the adequacy of policies and practices of educational
institutions in addressing campus sexual assaults and
protecting victims, including consideration of--
(A) the security measures in effect at educational
institutions, such as utilization of campus police and
security guards, control over access to grounds and
buildings, supervision of student activities and student
living arrangements, control over the consumption of alcohol
by students, lighting, and the availability of escort
services;
(B) the articulation and communication to students of the
institution's policies concerning sexual assaults;
(C) policies and practices that may prevent or discourage
the reporting of campus sexual assaults to local criminal
authorities, or that may otherwise obstruct justice or
interfere with the prosecution of perpetrators of campus
sexual assaults;
(D) the nature and availability of victim services for
victims of campus sexual assaults;
(E) the ability of educational institutions' disciplinary
processes to address allegations of sexual assault adequately
and fairly;
(F) measures that are taken to ensure that victims are free
of unwanted contact with alleged assailants, and disciplinary
sanctions that are imposed when a sexual assault is
determined to have occurred; and
(G) the grounds on which educational institutions are
subject to lawsuits based on campus sexual assaults, the
resolution of these cases, and measures that can be taken to
avoid the likelihood of lawsuits and civil liability;
(6) in conjunction with the report produced by the
Department of Education in coordination with institutions of
education under the Student Right-To-Know and Campus Security
Act (20 U.S.C. 1001 note; Public Law 101-542) and amendments
made by that Act, an assessment of the policies and practices
of educational institutions that are of greatest
effectiveness in addressing campus sexual assaults and
protecting victims, including policies and practices relating
to the particular issues described in paragraph (5); and
(7) any recommendations the Attorney General may have for
reforms to address campus sexual assaults and protect victims
more effectively, and any other matters that the Attorney
General deems relevant to the subject of the study and report
required by this section.
(c) Submission of Report.--The report required by
subsection (b) shall be submitted to the Congress no later
than September 1, 1996.
(d) Definition.--For purposes of this section, ``campus
sexual assaults'' includes sexual assaults occurring at
institutions of postsecondary education and sexual assaults
committed against or by students or employees of such
institutions.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to carry out the study required by this
section--$200,000 for fiscal year 1996.
SEC. 40507. REPORT ON BATTERED WOMEN'S SYNDROME.
(a) Report.--Not less than 1 year after the date of
enactment of this Act, the Attorney General and the Secretary
of Health and Human Services shall transmit to the House
Committee on Energy and Commerce, the Senate Committee on
Labor and Human Resources, and the Committees on the
Judiciary of the Senate and the House of Representatives a
report on the medical and psychological basis of ``battered
women's syndrome'' and on the extent to which evidence of the
syndrome has been considered in criminal trials.
(b) Components.--The report under subsection (a) shall
include--
(1) medical and psychological testimony on the validity of
battered women's syndrome as a psychological condition;
(2) a compilation of State, tribal, and Federal court cases
in which evidence of battered women's syndrome was offered in
criminal trials; and
(3) an assessment by State, tribal, and Federal judges,
prosecutors, and defense attorneys of the effects that
evidence of battered women's syndrome may have in criminal
trials.
SEC. 40508. REPORT ON CONFIDENTIALITY OF ADDRESSES FOR
VICTIMS OF DOMESTIC VIOLENCE.
(a) Report.--The Attorney General shall conduct a study of
the means by which abusive spouses may obtain information
concerning the addresses or locations of estranged or former
spouses, notwithstanding the desire of the victims to have
such information withheld to avoid further exposure to abuse.
Based on the study, the Attorney General shall transmit a
report to Congress including--
(1) the findings of the study concerning the means by which
information concerning the addresses or locations of abused
spouses may be obtained by abusers; and
(2) analysis of the feasibility of creating effective means
of protecting the confidentiality of information concerning
the addresses and locations of abused spouses to protect such
persons from exposure to further abuse while preserving
access to such information for legitimate purposes.
(b) Use of Components.--The Attorney General may use the
National Institute of Justice and the Office for Victims of
Crime in carrying out this section.
SEC. 40509. REPORT ON RECORDKEEPING RELATING TO DOMESTIC
VIOLENCE.
Not later than 1 year after the date of enactment of this
Act, the Attorney General shall complete a study of, and
shall submit to Congress a report and recommendations on,
problems of recordkeeping of criminal complaints involving
domestic violence. The study and report shall examine--
(1) the efforts that have been made by the Department of
Justice, including the Federal Bureau of Investigation, to
collect statistics on domestic violence; and
(2) the feasibility of requiring that the relationship
between an offender and victim be reported in Federal records
of crimes of aggravated assault, rape, and other violent
crimes.
Subtitle F--National Stalker and Domestic Violence Reduction
SEC. 40601. AUTHORIZING ACCESS TO FEDERAL CRIMINAL
INFORMATION DATABASES.
(a) Access and Entry.--Section 534 of title 28, United
States Code, is amended by adding at the end the following:
``(e)(1) Information from national crime information
databases consisting of identification records, criminal
history records, protection orders, and wanted person records
may be disseminated to civil or criminal courts for use in
domestic violence or stalking cases. Nothing in this
subsection shall be construed to permit access to such
records for any other purpose.
``(2) Federal and State criminal justice agencies
authorized to enter information into criminal information
databases may include--
``(A) arrests, convictions, and arrest warrants for
stalking or domestic violence or for violations of protection
orders for the protection of parties from stalking or
domestic violence; and
``(B) protection orders for the protection of persons from
stalking or domestic violence, provided such orders are
subject to periodic verification.
``(3) As used in this subsection--
``(A) the term `national crime information databases' means
the National Crime Information Center and its incorporated
criminal history databases, including the Interstate
Identification Index; and
``(B) the term `protection order' includes an injunction or
any other order issued for the purpose of preventing violent
or threatening acts or harassment against, or contact or
communication with or physical proximity to, another person,
including temporary and final orders issued by civil or
criminal courts (other than support or child custody orders)
whether obtained by filing an independent action or as a
pendente lite order in another proceeding so long as any
civil order was issued in response to a complaint, petition,
or motion filed by or on behalf of a person seeking
protection.''.
[[Page 1807]]
(b) Rulemaking.--The Attorney General may make rules to
carry out the subsection added to section 534 of title 28,
United States Code, by subsection (a), after consultation
with the officials charged with managing the National Crime
Information Center and the Criminal Justice Information
Services Advisory Policy Board.
SEC. 40602. GRANT PROGRAM.
(a) In General.--The Attorney General is authorized to
provide grants to States and units of local government to
improve processes for entering data regarding stalking and
domestic violence into local, State, and national crime
information databases.
(b) Eligibility.--To be eligible to receive a grant under
subsection (a), a State or unit of local government shall
certify that it has or intends to establish a program that
enters into the National Crime Information Center records
of--
(1) warrants for the arrest of persons violating protection
orders intended to protect victims from stalking or domestic
violence;
(2) arrests or convictions of persons violating protection
or domestic violence; and
(3) protection orders for the protection of persons from
stalking or domestic violence.
SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subtitle--
(1) $1,500,000 for fiscal year 1996;
(2) $1,750,000 for fiscal year 1997; and
(3) $2,750,000 for fiscal year 1998.
SEC. 40604. APPLICATION REQUIREMENTS.
An application for a grant under this subtitle shall be
submitted in such form and manner, and contain such
information, as the Attorney General may prescribe. In
addition, applications shall include documentation showing--
(1) the need for grant funds and that State or local
funding, as the case may be, does not already cover these
operations;
(2) intended use of the grant funds, including a plan of
action to increase record input; and
(3) an estimate of expected results from the use of the
grant funds.
SEC. 40605. DISBURSEMENT.
Not later than 90 days after the receipt of an application
under this subtitle, the Attorney General shall either
provide grant funds or shall inform the applicant why grant
funds are not being provided.
SEC. 40606. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATIONS.
The Attorney General may provide technical assistance and
training in furtherance of the purposes of this subtitle, and
may provide for the evaluation of programs that receive funds
under this subtitle, in addition to any evaluation
requirements that the Attorney General may prescribe for
grantees. The technical assistance, training, and evaluations
authorized by this section may be carried out directly by the
Attorney General, or through contracts or other arrangements
with other entities.
SEC. 40607. TRAINING PROGRAMS FOR JUDGES.
The State Justice Institute, after consultation with
nationally recognized nonprofit organizations with expertise
in stalking and domestic violence cases, shall conduct
training programs for State (as defined in section 202 of the
State Justice Institute Authorization Act of 1984 (42 U.S.C.
10701)) and Indian tribal judges to ensure that a judge
issuing an order in a stalking or domestic violence case has
all available criminal history and other information, whether
from State or Federal sources.
SEC. 40608. RECOMMENDATIONS ON INTRASTATE COMMUNICATION.
The State Justice Institute, after consultation with
nationally recognized nonprofit associations with expertise
in data sharing among criminal justice agencies and
familiarity with the issues raised in stalking and domestic
violence cases, shall recommend proposals regarding how State
courts may increase intrastate communication between civil
and criminal courts.
SEC. 40609. INCLUSION IN NATIONAL INCIDENT-BASED REPORTING
SYSTEM.
Not later than 2 years after the date of enactment of this
Act, the Attorney General, in accordance with the States,
shall compile data regarding domestic violence and
intimidation (including stalking) as part of the National
Incident-Based Reporting System (NIBRS).
SEC. 40610. REPORT TO CONGRESS.
The Attorney General shall submit to the Congress an annual
report, beginning one year after the date of the enactment of
this Act, that provides information concerning the incidence
of stalking and domestic violence, and evaluates the
effectiveness of State antistalking efforts and legislation.
SEC. 40611. DEFINITIONS.
As used in this subtitle--
(1) the term ``national crime information databases''
refers to the National Crime Information Center and its
incorporated criminal history databases, including the
Interstate Identification Index; and
(2) the term ``protection order'' includes an injunction or
any other order issued for the purpose of preventing violent
or threatening acts or harassment against, or contact or
communication with or physical proximity to, another person,
including temporary and final orders issued by civil or
criminal courts (other than support or child custody orders)
whether obtained by filing an independent action or as a
pendente lite order in another proceeding so long as any
civil order was issued in response to a complaint, petition,
or motion filed by or on behalf of a person seeking
protection.
Subtitle G--Protections for Battered Immigrant Women and Children
SEC. 40701. ALIEN PETITIONING RIGHTS FOR IMMEDIATE RELATIVE
OR SECOND PREFERENCE STATUS.
(a) In General.--Section 204(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)) is amended--
(1) in subparagraph (A)--
(A) by inserting ``(i)'' after ``(A)'',
(B) by redesignating the second sentence as clause (ii),
and
(C) by adding at the end the following new clauses:
``(iii) An alien who is the spouse of a citizen of the
United States, who is a person of good moral character, who
is eligible to be classified as an immediate relative under
section 201(b)(2)(A)(i), and who has resided in the United
States with the alien's spouse may file a petition with the
Attorney General under this subparagraph for classification
of the alien (and any child of the alien if such a child has
not been classified under clause (iv)) under such section if
the alien demonstrates to the Attorney General that--
``(I) the alien is residing in the United States, the
marriage between the alien and the spouse was entered into in
good faith by the alien, and during the marriage the alien or
a child of the alien has been battered by or has been the
subject of extreme cruelty perpetrated by the alien's spouse;
and
``(II) the alien is a person whose deportation, in the
opinion of the Attorney General, would result in extreme
hardship to the alien or a child of the alien.
``(iv) An alien who is the child of a citizen of the United
States, who is a person of good moral character, who is
eligible to be classified as an immediate relative under
section 201(b)(2)(A)(i), and who has resided in the United
States with the citizen parent may file a petition with the
Attorney General under this subparagraph for classification
of the alien under such section if the alien demonstrates to
the Attorney General that--
``(I) the alien is residing in the United States and during
the period of residence with the citizen parent the alien has
been battered by or has been the subject of extreme cruelty
perpetrated by the alien's citizen parent; and
``(II) the alien is a person whose deportation, in the
opinion of the Attorney General, would result in extreme
hardship to the alien.'';
(2) in subparagraph (B)--
(A) by inserting ``(i)'' after ``(B)''; and
(B) by adding at the end the following new clauses:
``(ii) An alien who is the spouse of an alien lawfully
admitted for permanent residence, who is a person of good
moral character, who is eligible for classification under
section 203(a)(2)(A), and who has resided in the United
States with the alien's legal permanent resident spouse may
file a petition with the Attorney General under this
subparagraph for classification of the alien (and any child
of the alien if such a child has not been classified under
clause (iii)) under such section if the alien demonstrates to
the Attorney General that the conditions described in
subclauses (I) and (II) of subparagraph (A)(iii) are met with
respect to the alien.
``(iii) An alien who is the child of an alien lawfully
admitted for permanent residence, who is a person of good
moral character, who is eligible for classification under
section 203(a)(2)(A), and who has resided in the United
States with the alien's permanent resident alien parent may
file a petition with the Attorney General under this
subparagraph for classification of the alien under such
section if the alien demonstrates to the Attorney General
that--
``(I) the alien is residing in the United States and during
the period of residence with the permanent resident parent
the alien has been battered by or has been the subject of
extreme cruelty perpetrated by the alien's permanent resident
parent; and
``(II) the alien is a person whose deportation, in the
opinion of the Attorney General, would result in extreme
hardship to the alien.''; and
(3) by adding at the end the following new subparagraph:
``(H) In acting on petitions filed under clause (iii) or
(iv) of subparagraph (A) or clause (ii) or (iii) of
subparagraph (B), the Attorney General shall consider any
credible evidence relevant to the petition. The determination
of what evidence is credible and the weight to be given that
evidence shall be within the sole discretion of the Attorney
General.''.
(b) Conforming Amendments.--(1) Section 204(a)(2) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(2)) is
amended--
(A) in subparagraph (A) by striking ``filed by an alien
who,'' and inserting ``for the classification of the spouse
of an alien if the alien,''; and
(B) in subparagraph (B) by striking ``by an alien whose
prior marriage'' and inserting ``for the classification of
the spouse of an alien if the prior marriage of the alien''.
(2) Section 201(b)(2)(A)(i) of the Immigration and
Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended by
striking ``204(a)(1)(A)'' and inserting ``204(a)(1)(A)(ii)''.
(c) Survival Rights To Petition.--Section 204 of the
Immigration and Nationality Act (8 U.S.C. 1154) is amended by
adding at the end the following new subsection:
``(h) The legal termination of a marriage may not be the
sole basis for revocation under section 205 of a petition
filed under subsection (a)(1)(A)(iii) or a petition filed
under subsection (a)(1)(B)(ii) pursuant to
[[Page 1808]]
conditions described in subsection (a)(1)(A)(iii)(I).''.
(d) Effective Date.--The amendments made by this section
shall take effect January 1, 1995.
SEC. 40702. USE OF CREDIBLE EVIDENCE IN SPOUSAL WAIVER
APPLICATIONS.
(a) In General.--Section 216(c)(4) of the Immigration and
Nationality Act (8 U.S.C. 1186a(c)(4)) is amended by
inserting after the second sentence the following: ``In
acting on applications under this paragraph, the Attorney
General shall consider any credible evidence relevant to the
application. The determination of what evidence is credible
and the weight to be given that evidence shall be within the
sole discretion of the Attorney General.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of enactment of this Act and
shall apply to applications made before, on, or after such
date.
SEC. 40703. SUSPENSION OF DEPORTATION.
(a) Battered Spouse or Child.--Section 244(a) of the
Immigration and Nationality Act (8 U.S.C. 1254(a)) is
amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(3) by inserting after paragraph (2) the following:
``(3) is deportable under any law of the United States
except section 241(a)(1)(G) and the provisions specified in
paragraph (2); has been physically present in the United
States for a continuous period of not less than 3 years
immediately preceding the date of such application; has been
battered or subjected to extreme cruelty in the United States
by a spouse or parent who is a United States citizen or
lawful permanent resident (or is the parent of a child of a
United States citizen or lawful permanent resident and the
child has been battered or subjected to extreme cruelty in
the United States by such citizen or permanent resident
parent); and proves that during all of such time in the
United States the alien was and is a person of good moral
character; and is a person whose deportation would, in the
opinion of the Attorney General, result in extreme hardship
to the alien or the alien's parent or child.''.
(b) Consideration of Evidence.--Section 244 of the
Immigration and Nationality Act (8 U.S.C. 1254) is amended by
adding at the end the following new subsection:
``(g) In acting on applications under subsection (a)(3),
the Attorney General shall consider any credible evidence
relevant to the application. The determination of what
evidence is credible and the weight to be given that evidence
shall be within the sole discretion of the Attorney
General.''.
TITLE V--DRUG COURTS
SEC. 50001. DRUG COURTS.
(a) In General.--Title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended
by section 40231(a), is amended--
(1) by redesignating part V as part W;
(2) by redesignating section 2201 as section 2301; and
(3) by inserting after part U the following new part:
``PART V--DRUG COURTS
``SEC. 2201. GRANT AUTHORITY.
``The Attorney General may make grants to States, State
courts, local courts, units of local government, and Indian
tribal governments, acting directly or through agreements
with other public or private entities, for programs that
involve--
``(1) continuing judicial supervision over offenders with
substance abuse problems who are not violent offenders; and
``(2) the integrated administration of other sanctions and
services, which shall include--
``(A) mandatory periodic testing for the use of controlled
substances or other addictive substances during any period of
supervised release or probation for each participant;
``(B) substance abuse treatment for each participant;
``(C) diversion, probation, or other supervised release
involving the possibility of prosecution, confinement, or
incarceration based on noncompliance with program
requirements or failure to show satisfactory progress; and
``(D) programmatic, offender management, and aftercare
services such as relapse prevention, health care, education,
vocational training, job placement, housing placement, and
child care or other family support services for each
participant who requires such services.
``SEC. 2202. PROHIBITION OF PARTICIPATION BY VIOLENT
OFFENDERS.
``The Attorney General shall--
``(1) issue regulations and guidelines to ensure that the
programs authorized in this part do not permit participation
by violent offenders; and
``(2) immediately suspend funding for any grant under this
part, pending compliance, if the Attorney General finds that
violent offenders are participating in any program funded
under this part.
``SEC. 2203. DEFINITION.
``In this part, `violent offender' means a person who--
``(1) is charged with or convicted of an offense, during
the course of which offense or conduct--
``(A) the person carried, possessed, or used a firearm or
dangerous weapon;
``(B) there occurred the death of or serious bodily injury
to any person; or
``(C) there occurred the use of force against the person of
another,
without regard to whether any of the circumstances described
in subparagraph (A), (B), or (C) is an element of the offense
or conduct of which or for which the person is charged or
convicted; or
``(2) has one or more prior convictions for a felony crime
of violence involving the use or attempted use of force
against a person with the intent to cause death or serious
bodily harm.
``SEC. 2204. ADMINISTRATION.
``(a) Consultation.--The Attorney General shall consult
with the Secretary of Health and Human Services and any other
appropriate officials in carrying out this part.
``(b) Use of Components.--The Attorney General may utilize
any component or components of the Department of Justice in
carrying out this part.
``(c) Regulatory Authority.--The Attorney General may issue
regulations and guidelines necessary to carry out this part.
``(d) Applications.--In addition to any other requirements
that may be specified by the Attorney General, an application
for a grant under this part shall--
``(1) include a long-term strategy and detailed
implementation plan;
``(2) explain the applicant's inability to fund the program
adequately without Federal assistance;
``(3) certify that the Federal support provided will be
used to supplement, and not supplant, State, Indian tribal,
and local sources of funding that would otherwise be
available;
``(4) identify related governmental or community
initiatives which complement or will be coordinated with the
proposal;
``(5) certify that there has been appropriate consultation
with all affected agencies and that there will be appropriate
coordination with all affected agencies in the implementation
of the program;
``(6) certify that participating offenders will be
supervised by one or more designated judges with
responsibility for the drug court program;
``(7) specify plans for obtaining necessary support and
continuing the proposed program following the conclusion of
Federal support; and
``(8) describe the methodology that will be used in
evaluating the program.
``SEC. 2205. APPLICATIONS.
``To request funds under this part, the chief executive or
the chief justice of a State or the chief executive or chief
judge of a unit of local government or Indian tribal
government shall submit an application to the Attorney
General in such form and containing such information as the
Attorney General may reasonably require.
``SEC. 2206. FEDERAL SHARE.
``The Federal share of a grant made under this part may not
exceed 75 percent of the total costs of the program described
in the application submitted under section 2205 for the
fiscal year for which the program receives assistance under
this part, unless the Attorney General waives, wholly or in
part, the requirement of a matching contribution under this
section. In-kind contributions may constitute a portion of
the non-Federal share of a grant.
``SEC. 2207. GEOGRAPHIC DISTRIBUTION.
``The Attorney General shall ensure that, to the extent
practicable, an equitable geographic distribution of grant
awards is made.
``SEC. 2208. REPORT.
``A State, Indian tribal government, or unit of local
government that receives funds under this part during a
fiscal year shall submit to the Attorney General a report in
March of the following year regarding the effectiveness of
this part.
``SEC. 2209. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.
``(a) Technical Assistance and Training.--The Attorney
General may provide technical assistance and training in
furtherance of the purposes of this part.
``(b) Evaluations.--In addition to any evaluation
requirements that may be prescribed for grantees, the
Attorney General may carry out or make arrangements for
evaluations of programs that receive support under this part.
``(c) Administration.--The technical assistance, training,
and evaluations authorized by this section may be carried out
directly by the Attorney General, in collaboration with the
Secretary of Health and Human Services, or through grants,
contracts, or other cooperative arrangements with other
entities.''.
(b) Technical Amendment.--The table of contents of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.), as amended by section 40231(b), is
amended by striking the matter relating to part V and
inserting the following:
``Part V--Drug Courts
``Sec. 2201. Grant authority.
``Sec. 2202. Prohibition of participation by violent offenders.
``Sec. 2203. Definition.
``Sec. 2204. Administration.
``Sec. 2205. Applications.
``Sec. 2206. Federal share.
``Sec. 2207. Geographic distribution.
``Sec. 2208. Report.
``Sec. 2209. Technical assistance, training, and evaluation.
``Part W--Transition-Effective Date-Repealer
``Sec. 2301. Continuation of rules, authorities, and proceedings.''.
[[Page 1809]]
(c) Authorization of Appropriations.--Section 1001(a) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3793), as amended by section 40231(c), is
amended--
(1) in paragraph (3) by striking ``and U'' and inserting
``U, and V''; and
(2) by adding at the end the following new paragraph:
``(20) There are authorized to be appropriated to carry out
part V--
``(1) $100,000,000 for fiscal year 1995;
``(2) $150,000,000 for fiscal year 1996;
``(3) $150,000,000 for fiscal year 1997;
``(4) $200,000,000 for fiscal year 1998;
``(5) $200,000,000 for fiscal year 1999; and
``(6) $200,000,000 for fiscal year 2000.''.
SEC. 50002. STUDY BY THE GENERAL ACCOUNTING OFFICE.
(a) In General.--The Comptroller General of the United
States shall study and assess the effectiveness and impact of
grants authorized by part V of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 as added by section
50001(a) and report to Congress the results of the study on
or before January 1, 1997.
(b) Documents and Information.--The Attorney General and
grant recipients shall provide the Comptroller General with
all relevant documents and information that the Comptroller
General deems necessary to conduct the study under subsection
(a), including the identities and criminal records of program
participants.
(c) Criteria.--In assessing the effectiveness of the grants
made under programs authorized by part V of the Omnibus Crime
Control and Safe Streets Act of 1968, the Comptroller General
shall consider, among other things--
(1) recidivism rates of program participants;
(2) completion rates among program participants;
(3) drug use by program participants; and
(4) the costs of the program to the criminal justice
system.
TITLE VI--DEATH PENALTY
SEC. 60001. SHORT TITLE.
This title may be cited as the ``Federal Death Penalty Act
of 1994''.
SEC. 60002. CONSTITUTIONAL PROCEDURES FOR THE IMPOSITION OF
THE SENTENCE OF DEATH.
(a) In General.--Part II of title 18, United States Code,
is amended by inserting after chapter 227 the following new
chapter:
``CHAPTER 228--DEATH SENTENCE
``Sec.
``3591. Sentence of death.
``3592. Mitigating and aggravating factors to be considered in
determining whether a sentence of death is justified.
``3593. Special hearing to determine whether a sentence of death is
justified.
``3594. Imposition of a sentence of death.
``3595. Review of a sentence of death.
``3596. Implementation of a sentence of death.
``3597. Use of State facilities.
``3598. Special provisions for Indian country.
``Sec. 3591. Sentence of death
``(a) A defendant who has been found guilty of--
``(1) an offense described in section 794 or section 2381;
or
``(2) any other offense for which a sentence of death is
provided, if the defendant, as determined beyond a reasonable
doubt at the hearing under section 3593--
``(A) intentionally killed the victim;
``(B) intentionally inflicted serious bodily injury that
resulted in the death of the victim;
``(C) intentionally participated in an act, contemplating
that the life of a person would be taken or intending that
lethal force would be used in connection with a person, other
than one of the participants in the offense, and the victim
died as a direct result of the act; or
``(D) intentionally and specifically engaged in an act of
violence, knowing that the act created a grave risk of death
to a person, other than one of the participants in the
offense, such that participation in the act constituted a
reckless disregard for human life and the victim died as a
direct result of the act,
shall be sentenced to death if, after consideration of the
factors set forth in section 3592 in the course of a hearing
held pursuant to section 3593, it is determined that
imposition of a sentence of death is justified, except that
no person may be sentenced to death who was less than 18
years of age at the time of the offense.
``(b) A defendant who has been found guilty of--
``(1) an offense referred to in section 408(c)(1) of the
Controlled Substances Act (21 U.S.C. 848(c)(1)), committed as
part of a continuing criminal enterprise offense under the
conditions described in subsection (b) of that section which
involved not less than twice the quantity of controlled
substance described in subsection (b)(2)(A) or twice the
gross receipts described in subsection (b)(2)(B); or
``(2) an offense referred to in section 408(c)(1) of the
Controlled Substances Act (21 U.S.C. 848(c)(1)), committed as
part of a continuing criminal enterprise offense under that
section, where the defendant is a principal administrator,
organizer, or leader of such an enterprise, and the
defendant, in order to obstruct the investigation or
prosecution of the enterprise or an offense involved in the
enterprise, attempts to kill or knowingly directs, advises,
authorizes, or assists another to attempt to kill any public
officer, juror, witness, or members of the family or
household of such a person,
shall be sentenced to death if, after consideration of the
factors set forth in section 3592 in the course of a hearing
held pursuant to section 3593, it is determined that
imposition of a sentence of death is justified, except that
no person may be sentenced to death who was less than 18
years of age at the time of the offense.
``Sec. 3592. Mitigating and aggravating factors to be
considered in determining whether a sentence of death is
justified
``(a) Mitigating Factors.--In determining whether a
sentence of death is to be imposed on a defendant, the finder
of fact shall consider any mitigating factor, including the
following:
``(1) Impaired capacity.--The defendant's capacity to
appreciate the wrongfulness of the defendant's conduct or to
conform conduct to the requirements of law was significantly
impaired, regardless of whether the capacity was so impaired
as to constitute a defense to the charge.
``(2) Duress.--The defendant was under unusual and
substantial duress, regardless of whether the duress was of
such a degree as to constitute a defense to the charge.
``(3) Minor participation.--The defendant is punishable as
a principal in the offense, which was committed by another,
but the defendant's participation was relatively minor,
regardless of whether the participation was so minor as to
constitute a defense to the charge.
``(4) Equally culpable defendants.--Another defendant or
defendants, equally culpable in the crime, will not be
punished by death.
``(5) No prior criminal record.--The defendant did not have
a significant prior history of other criminal conduct.
``(6) Disturbance.--The defendant committed the offense
under severe mental or emotional disturbance.
``(7) Victim's consent.--The victim consented to the
criminal conduct that resulted in the victim's death.
``(8) Other factors.--Other factors in the defendant's
background, record, or character or any other circumstance of
the offense that mitigate against imposition of the death
sentence.
``(b) Aggravating Factors for Espionage and Treason.--In
determining whether a sentence of death is justified for an
offense described in section 3591(a)(1), the jury, or if
there is no jury, the court, shall consider each of the
following aggravating factors for which notice has been given
and determine which, if any, exist:
``(1) Prior espionage or treason offense.--The defendant
has previously been convicted of another offense involving
espionage or treason for which a sentence of either life
imprisonment or death was authorized by law.
``(2) Grave risk to national security.--In the commission
of the offense the defendant knowingly created a grave risk
of substantial danger to the national security.
``(3) Grave risk of death.--In the commission of the
offense the defendant knowingly created a grave risk of death
to another person.
The jury, or if there is no jury, the court, may consider
whether any other aggravating factor for which notice has
been given exists.
``(c) Aggravating Factors for Homicide.--In determining
whether a sentence of death is justified for an offense
described in section 3591(a)(2), the jury, or if there is no
jury, the court, shall consider each of the following
aggravating factors for which notice has been given and
determine which, if any, exist:
``(1) Death during commission of another crime.--The death,
or injury resulting in death, occurred during the commission
or attempted commission of, or during the immediate flight
from the commission of, an offense under section 32
(destruction of aircraft or aircraft facilities), section 33
(destruction of motor vehicles or motor vehicle facilities),
section 36 (violence at international airports), section 351
(violence against Members of Congress, Cabinet officers, or
Supreme Court Justices), an offense under section 751
(prisoners in custody of institution or officer), section 794
(gathering or delivering defense information to aid foreign
government), section 844(d) (transportation of explosives in
interstate commerce for certain purposes), section 844(f)
(destruction of Government property by explosives), section
1118 (prisoners serving life term), section 1201 (kidnaping),
section 844(i) (destruction of property affecting interstate
commerce by explosives), section 1116 (killing or attempted
killing of diplomats), section 1203 (hostage taking), section
1992 (wrecking trains), section 2280 (maritime violence),
section 2281 (maritime platform violence), section 2332
(terrorist acts abroad against United States nationals),
section 2339 (use of weapons of mass destruction), or section
2381 (treason) of this title, or section 46502 of title 49,
United States Code (aircraft piracy).
``(2) Previous conviction of violent felony involving
firearm.--For any offense, other than an offense for which a
sentence of death is sought on the basis of section 924(c),
the defendant has previously been convicted of a Federal or
State offense punishable by a term of imprisonment of more
than 1 year, involving the use or attempted or threatened use
of a firearm (as defined in section 921) against another
person.
``(3) Previous conviction of offense for which a sentence
of death or life impris-
[[Page 1810]]
onment was authorized.--The defendant has previously been
convicted of another Federal or State offense resulting in
the death of a person, for which a sentence of life
imprisonment or a sentence of death was authorized by
statute.
``(4) Previous conviction of other serious offenses.--The
defendant has previously been convicted of 2 or more Federal
or State offenses, punishable by a term of imprisonment of
more than 1 year, committed on different occasions, involving
the infliction of, or attempted infliction of, serious bodily
injury or death upon another person.
``(5) Grave risk of death to additional persons.--The
defendant, in the commission of the offense, or in escaping
apprehension for the violation of the offense, knowingly
created a grave risk of death to 1 or more persons in
addition to the victim of the offense.
``(6) Heinous, cruel, or depraved manner of committing
offense.--The defendant committed the offense in an
especially heinous, cruel, or depraved manner in that it
involved torture or serious physical abuse to the victim.
``(7) Procurement of offense by payment.--The defendant
procured the commission of the offense by payment, or promise
of payment, of anything of pecuniary value.
``(8) Pecuniary gain.--The defendant committed the offense
as consideration for the receipt, or in the expectation of
the receipt, of anything of pecuniary value.
``(9) Substantial planning and premeditation.--The
defendant committed the offense after substantial planning
and premeditation to cause the death of a person or commit an
act of terrorism.
``(10) Conviction for two felony drug offenses.--The
defendant has previously been convicted of 2 or more State or
Federal offenses punishable by a term of imprisonment of more
than one year, committed on different occasions, involving
the distribution of a controlled substance.
``(11) Vulnerability of victim.--The victim was
particularly vulnerable due to old age, youth, or infirmity.
``(12) Conviction for serious federal drug offenses.--The
defendant had previously been convicted of violating title II
or III of the Controlled Substances Act for which a sentence
of 5 or more years may be imposed or had previously been
convicted of engaging in a continuing criminal enterprise.
``(13) Continuing criminal enterprise involving drug sales
to minors.--The defendant committed the offense in the course
of engaging in a continuing criminal enterprise in violation
of section 408(c) of the Controlled Substances Act (21 U.S.C.
848(c)), and that violation involved the distribution of
drugs to persons under the age of 21 in violation of section
418 of that Act (21 U.S.C. 859).
``(14) High public officials.--The defendant committed the
offense against--
``(A) the President of the United States, the President-
elect, the Vice President, the Vice President-elect, the Vice
President-designate, or, if there is no Vice President, the
officer next in order of succession to the office of the
President of the United States, or any person who is acting
as President under the Constitution and laws of the United
States;
``(B) a chief of state, head of government, or the
political equivalent, of a foreign nation;
``(C) a foreign official listed in section 1116(b)(3)(A),
if the official is in the United States on official business;
or
``(D) a Federal public servant who is a judge, a law
enforcement officer, or an employee of a United States penal
or correctional institution--
``(i) while he or she is engaged in the performance of his
or her official duties;
``(ii) because of the performance of his or her official
duties; or
``(iii) because of his or her status as a public servant.
For purposes of this subparagraph, a `law enforcement
officer' is a public servant authorized by law or by a
Government agency or Congress to conduct or engage in the
prevention, investigation, or prosecution or adjudication of
an offense, and includes those engaged in corrections,
parole, or probation functions.
``(15) Prior conviction of sexual assault or child
molestation.--In the case of an offense under chapter 109A
(sexual abuse) or chapter 110 (sexual abuse of children), the
defendant has previously been convicted of a crime of sexual
assault or crime of child molestation.
The jury, or if there is no jury, the court, may consider
whether any other aggravating factor for which notice has
been given exists.
``(d) Aggravating Factors for Drug Offense Death Penalty.--
In determining whether a sentence of death is justified for
an offense described in section 3591(b), the jury, or if
there is no jury, the court, shall consider each of the
following aggravating factors for which notice has been given
and determine which, if any, exist:
``(1) Previous conviction of offense for which a sentence
of death or life imprisonment was authorized.--The defendant
has previously been convicted of another Federal or State
offense resulting in the death of a person, for which a
sentence of life imprisonment or death was authorized by
statute.
``(2) Previous conviction of other serious offenses.--The
defendant has previously been convicted of two or more
Federal or State offenses, each punishable by a term of
imprisonment of more than one year, committed on different
occasions, involving the importation, manufacture, or
distribution of a controlled substance (as defined in section
102 of the Controlled Substances Act (21 U.S.C. 802)) or the
infliction of, or attempted infliction of, serious bodily
injury or death upon another person.
``(3) Previous serious drug felony conviction.--The
defendant has previously been convicted of another Federal or
State offense involving the manufacture, distribution,
importation, or possession of a controlled substance (as
defined in section 102 of the Controlled Substances Act (21
U.S.C. 802)) for which a sentence of five or more years of
imprisonment was authorized by statute.
``(4) Use of firearm.--In committing the offense, or in
furtherance of a continuing criminal enterprise of which the
offense was a part, the defendant used a firearm or knowingly
directed, advised, authorized, or assisted another to use a
firearm to threaten, intimidate, assault, or injure a person.
``(5) Distribution to persons under 21.--The offense, or a
continuing criminal enterprise of which the offense was a
part, involved conduct proscribed by section 418 of the
Controlled Substances Act (21 U.S.C. 859) which was committed
directly by the defendant.
``(6) Distribution near schools.--The offense, or a
continuing criminal enterprise of which the offense was a
part, involved conduct proscribed by section 419 of the
Controlled Substances Act (21 U.S.C. 860) which was committed
directly by the defendant.
``(7) Using minors in trafficking.--The offense, or a
continuing criminal enterprise of which the offense was a
part, involved conduct proscribed by section 420 of the
Controlled Substances Act (21 U.S.C. 861) which was committed
directly by the defendant.
``(8) Lethal adulterant.--The offense involved the
importation, manufacture, or distribution of a controlled
substance (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802)), mixed with a potentially
lethal adulterant, and the defendant was aware of the
presence of the adulterant.
The jury, or if there is no jury, the court, may consider
whether any other aggravating factor for which notice has
been given exists.
``Sec. 3593. Special hearing to determine whether a sentence
of death is justified
``(a) Notice by the Government.--If, in a case involving an
offense described in section 3591, the attorney for the
government believes that the circumstances of the offense are
such that a sentence of death is justified under this
chapter, the attorney shall, a reasonable time before the
trial or before acceptance by the court of a plea of guilty,
sign and file with the court, and serve on the defendant, a
notice--
``(1) stating that the government believes that the
circumstances of the offense are such that, if the defendant
is convicted, a sentence of death is justified under this
chapter and that the government will seek the sentence of
death; and
``(2) setting forth the aggravating factor or factors that
the government, if the defendant is convicted, proposes to
prove as justifying a sentence of death.
The factors for which notice is provided under this
subsection may include factors concerning the effect of the
offense on the victim and the victim's family, and may
include oral testimony, a victim impact statement that
identifies the victim of the offense and the extent and scope
of the injury and loss suffered by the victim and the
victim's family, and any other relevant information. The
court may permit the attorney for the government to amend the
notice upon a showing of good cause.
``(b) Hearing Before a Court or Jury.--If the attorney for
the government has filed a notice as required under
subsection (a) and the defendant is found guilty of or pleads
guilty to an offense described in section 3591, the judge who
presided at the trial or before whom the guilty plea was
entered, or another judge if that judge is unavailable, shall
conduct a separate sentencing hearing to determine the
punishment to be imposed. The hearing shall be conducted--
``(1) before the jury that determined the defendant's
guilt;
``(2) before a jury impaneled for the purpose of the
hearing if--
``(A) the defendant was convicted upon a plea of guilty;
``(B) the defendant was convicted after a trial before the
court sitting without a jury;
``(C) the jury that determined the defendant's guilt was
discharged for good cause; or
``(D) after initial imposition of a sentence under this
section, reconsideration of the sentence under this section
is necessary; or
``(3) before the court alone, upon the motion of the
defendant and with the approval of the attorney for the
government.
A jury impaneled pursuant to paragraph (2) shall consist of
12 members, unless, at any time before the conclusion of the
hearing, the parties stipulate, with the approval of the
court, that it shall consist of a lesser number.
``(c) Proof of Mitigating and Aggravating Factors.--
Notwithstanding rule 32(c) of the Federal Rules of Criminal
Procedure, when a defendant is found guilty or pleads guilty
to an offense under section 3591, no presentence report shall
be prepared. At the sentencing hearing, information may be
presented as to any matter relevant to the sentence,
including any mitigating or aggravating factor permitted or
required to be considered under section 3592. Information
pre-
[[Page 1811]]
sented may include the trial transcript and exhibits if the
hearing is held before a jury or judge not present during the
trial, or at the trial judge's discretion. The defendant may
present any information relevant to a mitigating factor. The
government may present any information relevant to an
aggravating factor for which notice has been provided under
subsection (a). Information is admissible regardless of its
admissibility under the rules governing admission of evidence
at criminal trials except that information may be excluded if
its probative value is outweighed by the danger of creating
unfair prejudice, confusing the issues, or misleading the
jury. The government and the defendant shall be permitted to
rebut any information received at the hearing, and shall be
given fair opportunity to present argument as to the adequacy
of the information to establish the existence of any
aggravating or mitigating factor, and as to the
appropriateness in the case of imposing a sentence of death.
The government shall open the argument. The defendant shall
be permitted to reply. The government shall then be permitted
to reply in rebuttal. The burden of establishing the
existence of any aggravating factor is on the government, and
is not satisfied unless the existence of such a factor is
established beyond a reasonable doubt. The burden of
establishing the existence of any mitigating factor is on the
defendant, and is not satisfied unless the existence of such
a factor is established by a preponderance of the
information.
``(d) Return of Special Findings.--The jury, or if there is
no jury, the court, shall consider all the information
received during the hearing. It shall return special findings
identifying any aggravating factor or factors set forth in
section 3592 found to exist and any other aggravating factor
for which notice has been provided under subsection (a) found
to exist. A finding with respect to a mitigating factor may
be made by 1 or more members of the jury, and any member of
the jury who finds the existence of a mitigating factor may
consider such factor established for purposes of this section
regardless of the number of jurors who concur that the factor
has been established. A finding with respect to any
aggravating factor must be unanimous. If no aggravating
factor set forth in section 3592 is found to exist, the court
shall impose a sentence other than death authorized by law.
``(e) Return of a Finding Concerning a Sentence of Death.--
If, in the case of--
``(1) an offense described in section 3591(a)(1), an
aggravating factor required to be considered under section
3592(b) is found to exist;
``(2) an offense described in section 3591(a)(2), an
aggravating factor required to be considered under section
3592(c) is found to exist; or
``(3) an offense described in section 3591(b), an
aggravating factor required to be considered under section
3592(d) is found to exist,
the jury, or if there is no jury, the court, shall consider
whether all the aggravating factor or factors found to exist
sufficiently outweigh all the mitigating factor or factors
found to exist to justify a sentence of death, or, in the
absence of a mitigating factor, whether the aggravating
factor or factors alone are sufficient to justify a sentence
of death. Based upon this consideration, the jury by
unanimous vote, or if there is no jury, the court, shall
recommend whether the defendant should be sentenced to death,
to life imprisonment without possibility of release or some
other lesser sentence.
``(f) Special Precaution To Ensure Against
Discrimination.--In a hearing held before a jury, the court,
prior to the return of a finding under subsection (e), shall
instruct the jury that, in considering whether a sentence of
death is justified, it shall not consider the race, color,
religious beliefs, national origin, or sex of the defendant
or of any victim and that the jury is not to recommend a
sentence of death unless it has concluded that it would
recommend a sentence of death for the crime in question no
matter what the race, color, religious beliefs, national
origin, or sex of the defendant or of any victim may be. The
jury, upon return of a finding under subsection (e), shall
also return to the court a certificate, signed by each juror,
that consideration of the race, color, religious beliefs,
national origin, or sex of the defendant or any victim was
not involved in reaching his or her individual decision and
that the individual juror would have made the same
recommendation regarding a sentence for the crime in question
no matter what the race, color, religious beliefs, national
origin, or sex of the defendant or any victim may be.
``Sec. 3594. Imposition of a sentence of death
``Upon a recommendation under section 3593(e) that the
defendant should be sentenced to death or life imprisonment
without possibility of release, the court shall sentence the
defendant accordingly. Otherwise, the court shall impose any
lesser sentence that is authorized by law. Notwithstanding
any other law, if the maximum term of imprisonment for the
offense is life imprisonment, the court may impose a sentence
of life imprisonment without possibility of release.
``Sec. 3595. Review of a sentence of death
``(a) Appeal.--In a case in which a sentence of death is
imposed, the sentence shall be subject to review by the court
of appeals upon appeal by the defendant. Notice of appeal
must be filed within the time specified for the filing of a
notice of appeal. An appeal under this section may be
consolidated with an appeal of the judgment of conviction and
shall have priority over all other cases.
``(b) Review.--The court of appeals shall review the entire
record in the case, including--
``(1) the evidence submitted during the trial;
``(2) the information submitted during the sentencing
hearing;
``(3) the procedures employed in the sentencing hearing;
and
``(4) the special findings returned under section 3593(d).
``(c) Decision and Disposition.--
``(1) The court of appeals shall address all substantive
and procedural issues raised on the appeal of a sentence of
death, and shall consider whether the sentence of death was
imposed under the influence of passion, prejudice, or any
other arbitrary factor and whether the evidence supports the
special finding of the existence of an aggravating factor
required to be considered under section 3592.
``(2) Whenever the court of appeals finds that--
``(A) the sentence of death was imposed under the influence
of passion, prejudice, or any other arbitrary factor;
``(B) the admissible evidence and information adduced does
not support the special finding of the existence of the
required aggravating factor; or
``(C) the proceedings involved any other legal error
requiring reversal of the sentence that was properly
preserved for appeal under the rules of criminal procedure,
the court shall remand the case for reconsideration under
section 3593 or imposition of a sentence other than death.
The court of appeals shall not reverse or vacate a sentence
of death on account of any error which can be harmless,
including any erroneous special finding of an aggravating
factor, where the Government establishes beyond a reasonable
doubt that the error was harmless.
``(3) The court of appeals shall state in writing the
reasons for its disposition of an appeal of a sentence of
death under this section.
``Sec. 3596. Implementation of a sentence of death
``(a) In General.--A person who has been sentenced to death
pursuant to this chapter shall be committed to the custody of
the Attorney General until exhaustion of the procedures for
appeal of the judgment of conviction and for review of the
sentence. When the sentence is to be implemented, the
Attorney General shall release the person sentenced to death
to the custody of a United States marshal, who shall
supervise implementation of the sentence in the manner
prescribed by the law of the State in which the sentence is
imposed. If the law of the State does not provide for
implementation of a sentence of death, the court shall
designate another State, the law of which does provide for
the implementation of a sentence of death, and the sentence
shall be implemented in the latter State in the manner
prescribed by such law.
``(b) Pregnant Woman.--A sentence of death shall not be
carried out upon a woman while she is pregnant.
``(c) Mental Capacity.--A sentence of death shall not be
carried out upon a person who is mentally retarded. A
sentence of death shall not be carried out upon a person who,
as a result of mental disability, lacks the mental capacity
to understand the death penalty and why it was imposed on
that person.
``Sec. 3597. Use of State facilities
``(a) In General.--A United States marshal charged with
supervising the implementation of a sentence of death may use
appropriate State or local facilities for the purpose, may
use the services of an appropriate State or local official or
of a person such an official employs for the purpose, and
shall pay the costs thereof in an amount approved by the
Attorney General.
``(b) Excuse of an Employee on Moral or Religious
Grounds.--No employee of any State department of corrections,
the United States Department of Justice, the Federal Bureau
of Prisons, or the United States Marshals Service, and no
employee providing services to that department, bureau, or
service under contract shall be required, as a condition of
that employment or contractual obligation, to be in
attendance at or to participate in any prosecution or
execution under this section if such participation is
contrary to the moral or religious convictions of the
employee. In this subsection, `participation in executions'
includes personal preparation of the condemned individual and
the apparatus used for execution and supervision of the
activities of other personnel in carrying out such
activities.
``Sec. 3598. Special provisions for Indian country
``Notwithstanding sections 1152 and 1153, no person subject
to the criminal jurisdiction of an Indian tribal government
shall be subject to a capital sentence under this chapter for
any offense the Federal jurisdiction for which is predicated
solely on Indian country (as defined in section 1151 of this
title) and which has occurred within the boundaries of Indian
country, unless the governing body of the tribe has elected
that this chapter have effect over land and persons subject
to its criminal jurisdiction.''.
(b) Technical Amendment.--The part analysis for part II of
title 18, United States Code, is amended by inserting after
the item relating to chapter 227 the following new item:
``228. Death sentence.......................................3591''.....
[[Page 1812]]
SEC. 60003. SPECIFIC OFFENSES FOR WHICH DEATH PENALTY IS
AUTHORIZED.
(a) Conforming Changes in Title 18.--Title 18, United
States Code, is amended as follows:
(1) Aircraft and motor vehicles.--Section 34 of title 18,
United States Code, is amended by striking the comma after
``imprisonment for life'', inserting a period, and striking
the remainder of the section.
(2) Espionage.--Section 794(a) of title 18, United States
Code, is amended by striking the period at the end of the
section and inserting ``, except that the sentence of death
shall not be imposed unless the jury or, if there is no jury,
the court, further finds that the offense resulted in the
identification by a foreign power (as defined in section
101(a) of the Foreign Intelligence Surveillance Act of 1978)
of an individual acting as an agent of the United States and
consequently in the death of that individual, or directly
concerned nuclear weaponry, military spacecraft or
satellites, early warning systems, or other means of defense
or retaliation against large-scale attack; war plans;
communications intelligence or cryptographic information; or
any other major weapons system or major element of defense
strategy.''.
(3) Explosive materials.--(A) Section 844(d) of title 18,
United States Code, is amended by striking ``as provided in
section 34 of this title''.
(B) Section 844(f) of title 18, United States Code, is
amended by striking ``as provided in section 34 of this
title''.
(C) Section 844(i) of title 18, United States Code, is
amended by striking ``as provided in section 34 of this
title''.
(4) Murder.--The second undesignated paragraph of section
1111(b) of title 18, United States Code, is amended to read
as follows:
``Whoever is guilty of murder in the first degree shall be
punished by death or by imprisonment for life;''.
(5) Killing of foreign official.--Section 1116(a) of title
18, United States Code, is amended by striking ``any such
person who is found guilty of murder in the first degree
shall be sentenced to imprisonment for life, and''.
(6) Kidnapping.--Section 1201(a) of title 18, United States
Code, is amended by inserting after ``or for life'' the
following: ``and, if the death of any person results, shall
be punished by death or life imprisonment''.
(7) Nonmailable injurious articles.--The last paragraph of
section 1716 of title 18, United States Code, is amended by
striking the comma after ``imprisonment for life'' and
inserting a period and striking the remainder of the
paragraph.
(8) Wrecking trains.--The second to the last undesignated
paragraph of section 1992 of title 18, United States Code, is
amended by striking the comma after ``imprisonment for
life'', inserting a period, and striking the remainder of the
section.
(9) Bank robbery.--Section 2113(e) of title 18, United
States Code, is amended by striking ``or punished by death if
the verdict of the jury shall so direct'' and inserting ``or
if death results shall be punished by death or life
imprisonment''.
(10) Hostage taking.--Section 1203(a) of title 18, United
States Code, is amended by inserting after ``or for life''
the following: ``and, if the death of any person results,
shall be punished by death or life imprisonment''.
(11) Murder for hire.--Section 1958 of title 18, United
States Code, is amended by striking ``and if death results,
shall be subject to imprisonment for any term of years or for
life, or shall be fined not more than $50,000, or both'' and
inserting ``and if death results, shall be punished by death
or life imprisonment, or shall be fined not more than
$250,000, or both''.
(12) Racketeering.--Section 1959(a)(1) of title 18, United
States Code, is amended to read as follows:
``(1) for murder, by death or life imprisonment, or a fine
of not more than $250,000, or both; and for kidnapping, by
imprisonment for any term of years or for life, or a fine of
not more than $250,000, or both;''.
(13) Genocide.--Section 1091(b)(1) of title 18, United
States Code, is amended by striking ``a fine of not more than
$1,000,000 or imprisonment for life,'' and inserting ``,
where death results, by death or imprisonment for life and a
fine of not more than $1,000,000, or both;''.
(14) Carjacking.--Section 2119(3) of title 18, United
States Code, is amended by striking the period after ``both''
and inserting ``, or sentenced to death.''; and by striking
``, possessing a firearm as defined in section 921 of this
title,'' and inserting ``, with the intent to cause death or
serious bodily harm''.
(b) Conforming Amendment to Federal Aviation Act of 1954.--
Chapter 465 of title 49, United States Code, is amended--
(1) in the chapter analysis by striking ``Death penalty
sentencing procedure for aircraft piracy'' and inserting
``Repealed''; and
(2) by striking section 46503.
SEC. 60004. APPLICABILITY TO UNIFORM CODE OF MILITARY
JUSTICE.
Chapter 228 of title 18, United States Code, as added by
this title, shall not apply to prosecutions under the Uniform
Code of Military Justice (10 U.S.C. 801).
SEC. 60005. DEATH PENALTY FOR MURDER BY A FEDERAL PRISONER.
(a) In General.--Chapter 51 of title 18, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1118. Murder by a Federal prisoner
``(a) Offense.--A person who, while confined in a Federal
correctional institution under a sentence for a term of life
imprisonment, commits the murder of another shall be punished
by death or by life imprisonment.
``(b) Definitions.--In this section--
`` `Federal correctional institution' means any Federal
prison, Federal correctional facility, Federal community
program center, or Federal halfway house.
`` `murder' means a first degree or second degree murder
(as defined in section 1111).
`` `term of life imprisonment' means a sentence for the
term of natural life, a sentence commuted to natural life, an
indeterminate term of a minimum of at least fifteen years and
a maximum of life, or an unexecuted sentence of death.''.
(b) Technical Amendment.--The chapter analysis for chapter
51 of title 18, United States Code, is amended by adding at
the end the following new item:
``1118. Murder by a Federal prisoner.''.
SEC. 60006. DEATH PENALTY FOR CIVIL RIGHTS MURDERS.
(a) Conspiracy Against Rights.--Section 241 of title 18,
United States Code, is amended by striking the period at the
end of the last sentence and inserting ``, or may be
sentenced to death.''.
(b) Deprivation of Rights Under Color of Law.--Section 242
of title 18, United States Code, is amended by striking the
period at the end of the last sentence and inserting ``, or
may be sentenced to death.''.
(c) Federally Protected Activities.--Section 245(b) of
title 18, United States Code, is amended in the matter
following paragraph (5) by inserting ``, or may be sentenced
to death'' after ``or for life''.
(d) Damage to Religious Property; Obstruction of the Free
Exercise of Religious Rights.--Section 247(c)(1) of title 18,
United States Code, is amended by inserting ``, or may be
sentenced to death'' after ``or both''.
SEC. 60007. DEATH PENALTY FOR THE MURDER OF FEDERAL LAW
ENFORCEMENT OFFICIALS.
Section 1114 of title 18, United States Code, is amended by
striking ``punished as provided under sections 1111 and 1112
of this title,'' and inserting ``punished, in the case of
murder, as provided under section 1111, or, in the case of
manslaughter, as provided under section 1112.''.
SEC. 60008. NEW OFFENSE FOR THE INDISCRIMINATE USE OF WEAPONS
TO FURTHER DRUG CONSPIRACIES.
(a) Short Title.--This section may be cited as the ``Drive-
By Shooting Prevention Act of 1994''.
(b) In General.--Chapter 2 of title 18, United States Code,
is amended by adding at the end the following new section:
``Sec. 36. Drive-by shooting
``(a) Definition.--In this section, `major drug offense'
means--
``(1) a continuing criminal enterprise punishable under
section 403(c) of the Controlled Substances Act (21 U.S.C.
848(c));
``(2) a conspiracy to distribute controlled substances
punishable under section 406 of the Controlled Substances Act
(21 U.S.C. 846) section 1013 of the Controlled Substances
Import and Export Control Act (21 U.S.C. 963); or
``(3) an offense involving major quantities of drugs and
punishable under section 401(b)(1)(A) of the Controlled
Substances Act (21 U.S.C. 841(b)(1)(A)) or section 1010(b)(1)
of the Controlled Substances Import and Export Act (21 U.S.C.
960(b)(1)).
``(b) Offense and Penalties.--(1) A person who, in
furtherance or to escape detection of a major drug offense
and with the intent to intimidate, harass, injure, or maim,
fires a weapon into a group of two or more persons and who,
in the course of such conduct, causes grave risk to any human
life shall be punished by a term of no more than 25 years, by
fine under this title, or both.
``(2) A person who, in furtherance or to escape detection
of a major drug offense and with the intent to intimidate,
harass, injure, or maim, fires a weapon into a group of 2 or
more persons and who, in the course of such conduct, kills
any person shall, if the killing--
``(A) is a first degree murder (as defined in section
1111(a)), be punished by death or imprisonment for any term
of years or for life, fined under this title, or both; or
``(B) is a murder other than a first degree murder (as
defined in section 1111(a)), be fined under this title,
imprisoned for any term of years or for life, or both.''.
(c) Technical Amendment.--The chapter analysis for chapter
2 of title 18, United States Code, is amended by adding at
the end the following new item:
``36. Drive-by shooting.''.
SEC. 60009. FOREIGN MURDER OF UNITED STATES NATIONALS.
(a) In General.--Chapter 51 of title 18, United States
Code, as amended by section 60005(a), is amended by adding at
the end the following new section:
``Sec. 1119. Foreign murder of United States nationals
``(a) Definition.--In this section, `national of the United
States' has the meaning stated in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
``(b) Offense.--A person who, being a national of the
United States, kills or attempts to kill a national of the
United States while such national is outside the United
States but within the jurisdiction of another country shall
be punished as provided under sections 1111, 1112, and 1113.
``(c) Limitations on Prosecution.--(1) No prosecution may
be instituted against any
[[Page 1813]]
person under this section except upon the written approval of
the Attorney General, the Deputy Attorney General, or an
Assistant Attorney General, which function of approving
prosecutions may not be delegated. No prosecution shall be
approved if prosecution has been previously undertaken by a
foreign country for the same conduct.
``(2) No prosecution shall be approved under this section
unless the Attorney General, in consultation with the
Secretary of State, determines that the conduct took place in
a country in which the person is no longer present, and the
country lacks the ability to lawfully secure the person's
return. A determination by the Attorney General under this
paragraph is not subject to judicial review.''.
(b) Technical Amendments.--(1) Section 1117 of title 18,
United States Code, is amended by striking ``or 1116'' and
inserting ``1116, or 1119''.
(2) The chapter analysis for chapter 51 of title 18, United
States Code, as amended by section 60005(a), is amended by
adding at the end the following new item:
``1119. Foreign murder of United States nationals.''.
SEC. 60010. DEATH PENALTY FOR RAPE AND CHILD MOLESTATION
MURDERS.
(a) Offense.--Chapter 109A of title 18, United States Code,
is amended--
(1) by redesignating section 2245 as section 2246; and
(2) by inserting after section 2244 the following new
section:
``Sec. 2245. Sexual abuse resulting in death
``A person who, in the course of an offense under this
chapter, engages in conduct that results in the death of a
person, shall be punished by death or imprisoned for any term
of years or for life.''.
(b) Technical Amendments.--The chapter analysis for chapter
109A of title 18, United States Code, is amended by striking
the item for section 2245 and inserting the following:
``2245. Sexual abuse resulting in death.
``2246. Definitions for chapter.''.
SEC. 60011. DEATH PENALTY FOR SEXUAL EXPLOITATION OF
CHILDREN.
Section 2251(d) of title 18, United States Code, is amended
by adding at the end the following: ``Whoever, in the course
of an offense under this section, engages in conduct that
results in the death of a person, shall be punished by death
or imprisoned for any term of years or for life.''.
SEC. 60012. MURDER BY ESCAPED PRISONERS.
(a) In General.--Chapter 51 of title 18, United States
Code, as amended by section 60009(a), is amended by adding at
the end the following new section:
``Sec. 1120. Murder by escaped prisoners
``(a) Definition.--In this section, `Federal prison' and
`term of life imprisonment' have the meanings stated in
section 1118.
``(b) Offense and Penalty.--A person, having escaped from a
Federal prison where the person was confined under a sentence
for a term of life imprisonment, kills another shall be
punished as provided in sections 1111 and 1112.''.
(b) Technical Amendment.--The chapter analysis for chapter
51 of title 18, United States Code, as amended by section
60009(b)(2), is amended by adding at the end the following
new item:
``1120. Murder by escaped prisoners.''.
SEC. 60013. DEATH PENALTY FOR GUN MURDERS DURING FEDERAL
CRIMES OF VIOLENCE AND DRUG TRAFFICKING CRIMES.
Section 924 of title 18, United States Code, is amended by
adding at the end the following new subsection:
``(i) A person who, in the course of a violation of
subsection (c), causes the death of a person through the use
of a firearm, shall--
``(1) if the killing is a murder (as defined in section
1111), be punished by death or by imprisonment for any term
of years or for life; and
``(2) if the killing is manslaughter (as defined in section
1112), be punished as provided in that section.''.
SEC. 60014. HOMICIDES AND ATTEMPTED HOMICIDES INVOLVING
FIREARMS IN FEDERAL FACILITIES.
Section 930 of title 18, United States Code, is amended--
(1) by redesignating subsections (c), (d), (e), and (f) as
subsections (d), (e), (f), and (g), respectively;
(2) in subsection (a) by striking ``(c)'' and inserting
``(d)''; and
(3) by inserting after subsection (b) the following new
subsection:
``(c) A person who kills or attempts to kill any person in
the course of a violation of subsection (a) or (b), or in the
course of an attack on a Federal facility involving the use
of a firearm or other dangerous weapon, shall be punished as
provided in sections 1111, 1112, and 1113.''.
SEC. 60015. DEATH PENALTY FOR THE MURDER OF STATE OR LOCAL
OFFICIALS ASSISTING FEDERAL LAW ENFORCEMENT
OFFICIALS AND STATE CORRECTIONAL OFFICERS.
(a) In General.--Chapter 51 of title 18, United States
Code, as amended by section 60012(a), is amended by adding at
the end the following new section:
``Sec. 1121. Killing persons aiding Federal investigations
or State correctional officers
``(a) Whoever intentionally kills--
``(1) a State or local official, law enforcement officer,
or other officer or employee while working with Federal law
enforcement officials in furtherance of a Federal criminal
investigation--
``(A) while the victim is engaged in the performance of
official duties;
``(B) because of the performance of the victim's official
duties; or
``(C) because of the victim's status as a public servant;
or
``(2) any person assisting a Federal criminal
investigation, while that assistance is being rendered and
because of it,
shall be sentenced according to the terms of section 1111,
including by sentence of death or by imprisonment for life.
``(b)(1) Whoever, in a circumstance described in paragraph
(3) of this subsection, while incarcerated, intentionally
kills any State correctional officer engaged in, or on
account of the performance of such officer's official duties,
shall be sentenced to a term of imprisonment which shall not
be less than 20 years, and may be sentenced to life
imprisonment or death.
``(2) As used in this section, the term, `State
correctional officer' includes any officer or employee of any
prison, jail, or other detention facility, operated by, or
under contract to, either a State or local governmental
agency, whose job responsibilities include providing for the
custody of incarcerated individuals.
``(3) The circumstance referred to in paragraph (1) is
that--
``(A) the correctional officer is engaged in transporting
the incarcerated person interstate; or
``(B) the incarcerated person is incarcerated pursuant to a
conviction for an offense against the United States.''.
(b) Technical Amendment.--The chapter analysis for chapter
51 of title 18, United States Code, as amended by section
60012(b), is amended by adding at the end the following new
item:
``1121. Killing persons aiding Federal investigations or State
correctional officers.''.
SEC. 60016. PROTECTION OF COURT OFFICERS AND JURORS.
Section 1503 of title 18, United States Code, is amended--
(1) by inserting ``(a)'' before ``Whoever'';
(2) by striking ``fined not more than $5,000 or imprisoned
not more than five years, or both.'' and inserting ``punished
as provided in subsection (b).'';
(3) by adding at the end the following new subsection:
``(b) The punishment for an offense under this section is--
``(1) in the case of a killing, the punishment provided in
sections 1111 and 1112;
``(2) in the case of an attempted killing, or a case in
which the offense was committed against a petit juror and in
which a class A or B felony was charged, imprisonment for not
more than 20 years, a fine under this title, or both; and
``(3) in any other case, imprisonment for not more than 10
years, a fine under this title, or both.''; and
(4) in subsection (a), as designated by paragraph (1), by
striking ``commissioner'' each place it appears and inserting
``magistrate judge''.
SEC. 60017. PROHIBITION OF RETALIATORY KILLINGS OF WITNESSES,
VICTIMS, AND INFORMANTS.
Section 1513 of title 18, United States Code, is amended--
(1) by redesignating subsections (a) and (b) as subsections
(b) and (c), respectively; and
(2) by inserting after the section heading the following
new subsection:
``(a)(1) Whoever kills or attempts to kill another person
with intent to retaliate against any person for--
``(A) the attendance of a witness or party at an official
proceeding, or any testimony given or any record, document,
or other object produced by a witness in an official
proceeding; or
``(B) providing to a law enforcement officer any
information relating to the commission or possible commission
of a Federal offense or a violation of conditions of
probation, parole, or release pending judicial proceedings,
shall be punished as provided in paragraph (2).
``(2) The punishment for an offense under this subsection
is--
``(A) in the case of a killing, the punishment provided in
sections 1111 and 1112; and
``(B) in the case of an attempt, imprisonment for not more
than 20 years.''.
SEC. 60018. DEATH PENALTY FOR MURDER OF FEDERAL WITNESSES.
Section 1512(a)(2)(A) of title 18, United States Code, is
amended to read as follows:
``(A) in the case of murder (as defined in section 1111),
the death penalty or imprisonment for life, and in the case
of any other killing, the punishment provided in section
1112;''.
SEC. 60019. OFFENSES OF VIOLENCE AGAINST MARITIME NAVIGATION
OR FIXED PLATFORMS.
(a) In General.--Chapter 111 of title 18, United States
Code, is amended by adding at the end the following new
sections:
``Sec. 2280. Violence against maritime navigation
``(a) Offenses.--
``(1) In general.--A person who unlawfully and
intentionally--
``(A) seizes or exercises control over a ship by force or
threat thereof or any other form of intimidation;
``(B) performs an act of violence against a person on board
a ship if that act is likely to endanger the safe navigation
of that ship;
``(C) destroys a ship or causes damage to a ship or to its
cargo which is likely to endanger the safe navigation of that
ship;
[[Page 1814]]
``(D) places or causes to be placed on a ship, by any means
whatsoever, a device or substance which is likely to destroy
that ship, or cause damage to that ship or its cargo which
endangers or is likely to endanger the safe navigation of
that ship;
``(E) destroys or seriously damages maritime navigational
facilities or seriously interferes with their operation, if
such act is likely to endanger the safe navigation of a ship;
``(F) communicates information, knowing the information to
be false and under circumstances in which such information
may reasonably be believed, thereby endangering the safe
navigation of a ship;
``(G) injures or kills any person in connection with the
commission or the attempted commission of any of the offenses
set forth in subparagraphs (A) through (F); or
``(H) attempts to do any act prohibited under subparagraphs
(A) through (G),
shall be fined under this title, imprisoned not more than 20
years, or both; and if the death of any person results from
conduct prohibited by this paragraph, shall be punished by
death or imprisoned for any term of years or for life.
``(2) Threat to navigation.--A person who threatens to do
any act prohibited under paragraph (1) (B), (C) or (E), with
apparent determination and will to carry the threat into
execution, if the threatened act is likely to endanger the
safe navigation of the ship in question, shall be fined under
this title, imprisoned not more than 5 years, or both.
``(b) Jurisdiction.--There is jurisdiction over the
activity prohibited in subsection (a)--
``(1) in the case of a covered ship, if--
``(A) such activity is committed--
``(i) against or on board a ship flying the flag of the
United States at the time the prohibited activity is
committed;
``(ii) in the United States and the activity is not
prohibited as a crime by the State in which the activity
takes place; or
``(iii) the activity takes place on a ship flying the flag
of a foreign country or outside the United States, by a
national of the United States or by a stateless person whose
habitual residence is in the United States;
``(B) during the commission of such activity, a national of
the United States is seized, threatened, injured or killed;
or
``(C) the offender is later found in the United States
after such activity is committed;
``(2) in the case of a ship navigating or scheduled to
navigate solely within the territorial sea or internal waters
of a country other than the United States, if the offender is
later found in the United States after such activity is
committed; and
``(3) in the case of any vessel, if such activity is
committed in an attempt to compel the United States to do or
abstain from doing any act.
``(c) Bar To Prosecution.--It is a bar to Federal
prosecution under subsection (a) for conduct that occurred
within the United States that the conduct involved was during
or in relation to a labor dispute, and such conduct is
prohibited as a felony under the law of the State in which it
was committed. For purposes of this section, the term `labor
dispute' has the meaning set forth in section 2(c) of the
Norris-LaGuardia Act, as amended (29 U.S.C. 113(c)).
``(d) Delivery of Suspected Offender.--The master of a
covered ship flying the flag of the United States who has
reasonable grounds to believe that there is on board that
ship any person who has committed an offense under Article 3
of the Convention for the Suppression of Unlawful Acts
Against the Safety of Maritime Navigation may deliver such
person to the authorities of a State Party to that
Convention. Before de-
livering such person to the authorities of another country,
the master shall notify in an appropriate manner the Attorney
General of the United States of the alleged offense and await
instructions from the Attorney General as to what action to
take. When delivering the person to a country which is a
State Party to the Convention, the master shall, whenever
practicable, and if possible before entering the territorial
sea of such country, notify the authorities of such country
of the master's intention to deliver such person and the
reasons therefor. If the master delivers such person, the
master shall furnish to the authorities of such country the
evidence in the master's possession that pertains to the
alleged offense.
``(e) Definitions.--In this section--
`` `covered ship' means a ship that is navigating or is
scheduled to navigate into, through or from waters beyond the
outer limit of the territorial sea of a single country or a
lateral limit of that country's territorial sea with an
adjacent country.
`` `national of the United States' has the meaning stated
in section 101(a)(22) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(22)).
`` `territorial sea of the United States' means all waters
extending seaward to 12 nautical miles from the baselines of
the United States determined in accordance with international
law.
`` `ship' means a vessel of any type whatsoever not
permanently attached to the sea-bed, including dynamically
supported craft, submersibles or any other floating craft,
but does not include a warship, a ship owned or operated by a
government when being used as a naval auxiliary or for
customs or police purposes, or a ship which has been
withdrawn from navigation or laid up.
`` `United States', when used in a geographical sense,
includes the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Mariana Islands and all territories and
possessions of the United States.
``Sec. 2281. Violence against maritime fixed platforms
``(a) Offenses.--
``(1) In general.--A person who unlawfully and
intentionally--
``(A) seizes or exercises control over a fixed platform by
force or threat thereof or any other form of intimidation;
``(B) performs an act of violence against a person on board
a fixed platform if that act is likely to endanger its
safety;
``(C) destroys a fixed platform or causes damage to it
which is likely to endanger its safety;
``(D) places or causes to be placed on a fixed platform, by
any means whatsoever, a device or substance which is likely
to destroy that fixed platform or likely to endanger its
safety;
``(E) injures or kills any person in connection with the
commission or the attempted commission of any of the offenses
set forth in subparagraphs (A) through (D); or
``(F) attempts to do anything prohibited under
subparagraphs (A) through (E),
shall be fined under this title, imprisoned not more than 20
years, or both; and if death results to any person from
conduct prohibited by this paragraph, shall be punished by
death or imprisoned for any term of years or for life.
``(2) Threat to safety.--A person who threatens to do
anything prohibited under paragraph (1) (B) or (C), with
apparent determination and will to carry the threat into
execution, if the threatened act is likely to endanger the
safety of the fixed platform, shall be fined under this
title, imprisoned not more than 5 years, or both.
``(b) Jurisdiction.--There is jurisdiction over the
activity prohibited in subsection (a) if--
``(1) such activity is committed against or on board a
fixed platform--
``(A) that is located on the continental shelf of the
United States;
``(B) that is located on the continental shelf of another
country, by a national of the United States or by a stateless
person whose habitual residence is in the United States; or
``(C) in an attempt to compel the United States to do or
abstain from doing any act;
``(2) during the commission of such activity against or on
board a fixed platform located on a continental shelf, a
national of the United States is seized, threatened, injured
or killed; or
``(3) such activity is committed against or on board a
fixed platform located outside the United States and beyond
the continental shelf of the United States and the offender
is later found in the United States.
``(c) Bar To Prosecution.--It is a bar to Federal
prosecution under subsection (a) for conduct that occurred
within the United States that the conduct involved was during
or in relation to a labor dispute, and such conduct is
prohibited as a felony under the law of the State in which it
was committed. For purposes of this section, the term `labor
dispute' has the meaning set forth in section 2(c) of the
Norris-LaGuardia Act, as amended (29 U.S.C. 113(c)).
``(d) Definitions.--In this section--
`` `continental shelf' means the sea-bed and subsoil of the
submarine areas that extend beyond a country's territorial
sea to the limits provided by customary international law as
reflected in Article 76 of the 1982 Convention on the Law of
the Sea.
`` `fixed platform' means an artificial island,
installation or structure permanently attached to the sea-bed
for the purpose of exploration or exploitation of resources
or for other economic purposes.
`` `national of the United States' has the meaning stated
in section 101(a)(22) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(22)).
`` `territorial sea of the United States' means all waters
extending seaward to 12 nautical miles from the baselines of
the United States determined in accordance with international
law.
`` `United States', when used in a geographical sense,
includes the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Mariana Islands and all territories and
possessions of the United States.''.
(b) Technical Amendment.--The chapter analysis for chapter
111 of title 18, United States Code, is amended by adding at
the end the following new items:
``2280. Violence against maritime navigation.
``2281. Violence against maritime fixed platforms.''.
(c) Effective Dates.--This section and the amendments made
by this section shall take effect on the later of--
(1) the date of the enactment of this Act; or
(2)(A) in the case of section 2280 of title 18, United
States Code, the date the Convention for the Suppression of
Unlawful Acts Against the Safety of Maritime Navigation has
come into force and the United States has become a party to
that Convention; and
(B) in the case of section 2281 of title 18, United States
Code, the date the Protocol for the Suppression of Unlawful
Acts Against the Safety of Fixed Platforms Located on the
Continental Shelf has come into force and the United States
has become a party to that Protocol.
SEC. 60020. TORTURE.
Section 2340A(a) of title 18, United States Code, is
amended by inserting ``punished by
[[Page 1815]]
death or'' before ``imprisoned for any term of years or for
life.''.
SEC. 60021. VIOLENCE AT AIRPORTS SERVING INTERNATIONAL CIVIL
AVIATION.
(a) Offense.--Chapter 2 of title 18, United States Code, as
amended by section 60008(b), is amended by adding at the end
the following new section:
``Sec. 37. Violence at international airports
``(a) Offense.--A person who unlawfully and intentionally,
using any device, substance, or weapon--
``(1) performs an act of violence against a person at an
airport serving international civil aviation that causes or
is likely to cause serious bodily injury (as defined in
section 1365 of this title) or death; or
``(2) destroys or seriously damages the facilities of an
airport serving international civil aviation or a civil
aircraft not in service located thereon or disrupts the
services of the airport,
if such an act endangers or is likely to endanger safety at
that airport, or attempts to do such an act, shall be fined
under this title, imprisoned not more than 20 years, or both;
and if the death of any person results from conduct
prohibited by this subsection, shall be punished by death or
imprisoned for any term of years or for life.
``(b) Jurisdiction.--There is jurisdiction over the
prohibited activity in subsection (a) if--
``(1) the prohibited activity takes place in the United
States; or
``(2) the prohibited activity takes place outside the
United States and the offender is later found in the United
States.
``(c) It is a bar to Federal persecution under subsection
(a) for conduct that occurred within the United States that
the conduct involved was during or in relation to a labor
dispute, and such conduct is prohibited as a felony under the
law of the State in which it was committed. For purposes of
this section, the term `labor dispute' has the meaning set
forth in section 2(c) of the Norris-LaGuardia Act, as amended
(29 U.S.C. 113(c)).
(b) Technical Amendment.--The chapter analysis for chapter
2 of title 18, United States Code, as amended by section
60008(c), is amended by adding at the end the following new
item:
``37. Violence at international airports.''.
(c) Effective Date.--The amendment made by subsection (a)
shall take effect on the later of--
(1) the date of enactment of this Act; or
(2) the date on which the Protocol for the Suppression of
Unlawful Acts of Violence at Airports Serving International
Civil Aviation, Supplementary to the Convention for the
Suppression of Unlawful Acts Against the Safety of Civil
Aviation, done at Montreal on 23 September 1971, has come
into force and the United States has become a party to the
Protocol.
SEC. 60022. TERRORIST DEATH PENALTY ACT.
Section 2332(a)(1) of title 18, United States Code is
amended to read as follows:
``(1) if the killing is murder (as defined in section
1111(a)), be fined under this title, punished by death or
imprisonment for any term of years or for life, or both;''.
SEC. 60023. WEAPONS OF MASS DESTRUCTION.
(a) Offense.--Chapter 113A of title 18, United States Code,
is amended by inserting after section 2332 the following new
section:
``Sec. 2332a. Use of weapons of mass destruction
``(a) Offense.--A person who uses, or attempts or conspires
to use, a weapon of mass destruction--
``(1) against a national of the United States while such
national is outside of the United States;
``(2) against any person within the United States; or
``(3) against any property that is owned, leased or used by
the United States or by any department or agency of the
United States, whether the property is within or outside of
the United States,
shall be imprisoned for any term of years or for life, and if
death results, shall be punished by death or imprisoned for
any term of years or for life.
``(b) Definitions.--For purposes of this section--
``(1) the term `national of the United States' has the
meaning given in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)); and
``(2) the term `weapon of mass destruction' means--
``(A) any destructive device as defined in section 921 of
this title;
``(B) poison gas;
``(C) any weapon involving a disease organism; or
``(D) any weapon that is designed to release radiation or
radioactivity at a level dangerous to human life.''.
(b) Technical Amendment.--The chapter analysis for chapter
113A of title 18, United States Code, is amended by inserting
after the item relating to section 2332 the following:
``2332a. Use of weapons of mass destruction.''.
SEC. 60024. ENHANCED PENALTIES FOR ALIEN SMUGGLING.
Section 274(a) of the Immigration and Nationality Act (8
U.S.C. 1324(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``(1) Any person'' and inserting ``(1)(A)
Any person'';
(B) by striking ``(A) knowing'' and inserting ``(i)
knowing'';
(C) by striking ``(B) knowing'' and inserting ``(ii)
knowing'';
(D) by striking ``(C) knowing'' and inserting ``(iii)
knowing'';
(E) by striking ``(D) encourages'' and inserting ``(iv)
encourages'';
(F) by striking ``shall be fined in accordance with title
18, or imprisoned not more than five years, or both, for each
alien in respect to whom any violation of this paragraph
occurs'' and inserting ``shall be punished as provided in
subparagraph (B)''; and
(G) by adding at the end the following new subparagraph:
``(B) A person who violates subparagraph (A) shall, for
each alien in respect to whom such a violation occurs--
``(i) in the case of a violation of subparagraph (A)(i), be
fined under title 18, United States Code, imprisoned not more
than 10 years, or both;
``(ii) in the case of a violation of subparagraph (A) (ii),
(iii), or (iv), be fined under title 18, United States Code,
imprisoned not more than 5 years, or both;
``(iii) in the case of a violation of subparagraph (A) (i),
(ii), (iii), or (iv) during and in relation to which the
person causes serious bodily injury (as defined in section
1365 of title 18, United States Code) to, or places in
jeopardy the life of, any person, be fined under title 18,
United States Code, imprisoned not more than 20 years, or
both; and
``(iv) in the case of a violation of subparagraph (A) (i),
(ii), (iii), or (iv) resulting in the death of any person, be
punished by death or imprisoned for any term of years or for
life, fined under title 18, United States Code, or both.'';
and
(2) in paragraph (2) by striking ``or imprisoned not more
than five years, or both'' and inserting ``or in the case of
a violation of subparagraph (B)(ii), imprisoned not more than
10 years, or both; or in the case of a violation of
subparagraph (B)(i) or (B)(iii), imprisoned not more than 5
years, or both.''.
SEC. 60025. PROTECTION OF JURORS AND WITNESSES IN CAPITAL
CASES.
Section 3432 of title 18, United States Code, is amended by
inserting before the period the following: ``, except that
such list of the veniremen and witnesses need not be
furnished if the court finds by a preponderance of the
evidence that providing the list may jeopardize the life or
safety of any person''.
SEC. 60026. APPOINTMENT OF COUNSEL.
Section 3005 of title 18, United States Code, is amended by
striking ``learned in the law'' and all that follows through
``He shall'' and inserting ``; and the court before which the
defendant is to be tried, or a judge thereof, shall promptly,
upon the defendant's request, assign 2 such counsel, of whom
at least 1 shall be learned in the law applicable to capital
cases, and who shall have free access to the accused at all
reasonable hours. In assigning counsel under this section,
the court shall consider the recommendation of the Federal
Public Defender organization, or, if no such organization
exists in the district, of the Administrative Office of the
United States Courts. The defendant shall''.
TITLE VII--MANDATORY LIFE IMPRISONMENT FOR PERSONS CONVICTED OF CERTAIN
FELONIES
SEC. 70001. MANDATORY LIFE IMPRISONMENT FOR PERSONS CONVICTED
OF CERTAIN FELONIES.
Section 3559 of title 18, United States Code, is amended--
(1) in subsection (b), by striking ``An'' and inserting
``Except as provided in subsection (c), an'' in lieu thereof;
and
(2) by adding the following new subsection at the end:
``(c) Imprisonment of Certain Violent Felons.--
``(1) Mandatory life imprisonment.--Notwithstanding any
other provision of law, a person who is convicted in a court
of the United States of a serious violent felony shall be
sentenced to life imprisonment if--
``(A) the person has been convicted (and those convictions
have become final) on separate prior occasions in a court of
the United States or of a State of--
``(i) 2 or more serious violent felonies; or
``(ii) one or more serious violent felonies and one or more
serious drug offenses; and
``(B) each serious violent felony or serious drug offense
used as a basis for sentencing under this subsection, other
than the first, was committed after the defendant's
conviction of the preceding serious violent felony or serious
drug offense.
``(2) Definitions.--For purposes of this subsection--
``(A) the term `assault with intent to commit rape' means
an offense that has as its elements engaging in physical
contact with another person or using or brandishing a weapon
against another person with intent to commit aggravated
sexual abuse or sexual abuse (as described in sections 2241
and 2242);
``(B) the term `arson' means an offense that has as its
elements maliciously damaging or destroying any building,
inhabited structure, vehicle, vessel, or real property by
means of fire or an explosive;
``(C) the term `extortion' means an offense that has as its
elements the extraction of anything of value from another
person by threatening or placing that person in fear of
injury to any person or kidnapping of any person;
``(D) the term `firearms use' means an offense that has as
its elements those described in section 924(c) or 929(a), if
the firearm was brandished, discharged, or otherwise used as
a weapon and the crime of violence or drug trafficking crime
during and relation to which the firearm was used was subject
to prosecution in a court of the United States or a court of
a State, or both;
[[Page 1816]]
``(E) the term `kidnapping' means an offense that has as
its elements the abduction, restraining, confining, or
carrying away of another person by force or threat of force;
``(F) the term `serious violent felony' means--
``(i) a Federal or State offense, by whatever designation
and wherever committed, consisting of murder (as described in
section 1111); manslaughter other than involuntary
manslaughter (as described in section 1112); assault with
intent to commit murder (as described in section 113(a));
assault with intent to commit rape; aggravated sexual abuse
and sexual abuse (as described in sections 2241 and 2242);
abusive sexual contact (as described in sections 2244 (a)(1)
and (a)(2)); kidnapping; aircraft piracy (as described in
section 46502 of Title 49); robbery (as described in section
2111, 2113, or 2118); carjacking (as described in section
2119); extortion; arson; firearms use; or attempt,
conspiracy, or solicitation to commit any of the above
offenses; and
``(ii) any other offense punishable by a maximum term of
imprisonment of 10 years or more that has as an element the
use, attempted use, or threatened use of physical force
against the person of another or that, by its nature,
involves a substantial risk that physical force against the
person of another may be used in the course of committing the
offense;
``(G) the term `State' means a State of the United States,
the District of Columbia, and a commonwealth, territory, or
possession of the United States; and
``(H) the term `serious drug offense' means--
``(i) an offense that is punishable under section
401(b)(1)(A) or 408 of the Controlled Substances Act (21
U.S.C. 841(b)(1)(A), 848) or section 1010(b)(1)(A) of the
Controlled Substances Import and Export Act (21 U.S.C.
960(b)(1)(A)); or
``(ii) an offense under State law that, had the offense
been prosecuted in a court of the United States, would have
been punishable under section 401(b)(1)(A) or 408 of the
Controlled Substances Act (21 U.S.C. 841(b)(1)(A), 848) or
section 1010(b)(1)(A) of the Controlled Substances Import and
Export Act (21 U.S.C. 960(b)(1)(A)).
``(3) Nonqualifying felonies.--
``(A) Robbery in certain cases.--Robbery, an attempt,
conspiracy, or solicitation to commit robbery; or an offense
described in paragraph (2)(F)(ii) shall not serve as a basis
for sentencing under this subsection if the defendant
establishes by clear and convincing evidence that--
``(i) no firearm or other dangerous weapon was used in the
offense and no threat of use of a firearm or other dangerous
weapon was involved in the offense; and
``(ii) the offense did not result in death or serious
bodily injury (as defined in section 1365) to any person.
``(B) Arson in certain cases.--Arson shall not serve as a
basis for sentencing under this subsection if the defendant
establishes by clear and convincing evidence that--
``(i) the offense posed no threat to human life; and
``(ii) the defendant reasonably believed the offense posed
no threat to human life.
``(4) Information filed by united states attorney.--The
provisions of section 411(a) of the Controlled Substances Act
(21 U.S.C. 851(a)) shall apply to the imposition of sentence
under this subsection.
``(5) Rule of construction.--This subsection shall not be
construed to preclude imposition of the death penalty.
``(6) Special provision for indian country.--No person
subject to the criminal jurisdiction of an Indian tribal
government shall be subject to this subsection for any
offense for which Federal jurisdiction is solely predicated
on Indian country (as defined in section 1151) and which
occurs within the boundaries of such Indian country unless
the governing body of the tribe has elected that this
subsection have effect over land and persons subject to the
criminal jurisdiction of the tribe.
``(7) Resentencing upon overturning of prior conviction.--
If the conviction for a serious violent felony or serious
drug offense that was a basis for sentencing under this
subsection is found, pursuant to any appropriate State or
Federal procedure, to be unconstitutional or is vitiated on
the explicit basis of innocence, or if the convicted person
is pardoned on the explicit basis of innocence, the person
serving a sentence imposed under this subsection shall be
resentenced to any sentence that was available at the time of
the original sentencing.''.
SEC. 70002. LIMITED GRANT OF AUTHORITY TO BUREAU OF PRISONS.
Section 3582(c)(1)(A) of title 18, United States Code, is
amended--
(1) so that the margin of the matter starting with
``extraordinary'' and ending with ``reduction'' the first
place it appears is indented an additional two ems;
(2) by inserting a one-em dash after ``that'' the second
place it appears;
(3) by inserting a semicolon after ``reduction'' the first
place it appears;
(4) by indenting the first line of the matter referred to
in paragraph (1) and designating that matter as clause (i);
and
(5) by inserting after such matter the following:
``(ii) the defendant is at least 70 years of age, has
served at least 30 years in prison, pursuant to a sentence
imposed under section 3559(c), for the offense or offenses
for which the defendant is currently imprisoned, and a
determination has been made by the Director of the Bureau of
Prisons that the defendant is not a danger to the safety of
any other person or the community, as provided under section
3142(g);''.
TITLE VIII--APPLICABILITY OF MANDATORY MINIMUM PENALTIES IN CERTAIN
CASES
SEC. 80001. LIMITATION ON APPLICABILITY OF MANDATORY MINIMUM
PENALTIES IN CERTAIN CASES.
(a) In General.--Section 3553 of title 18, United States
Code, is amended by adding at the end the following new
subsection:
``(f) Limitation on Applicability of Statutory Minimums in
Certain Cases.--Notwithstanding any other provision of law,
in the case of an offense under section 401, 404, or 406 of
the Controlled Substances Act (21 U.S.C. 841, 844, 846) or
section 1010 or 1013 of the Controlled Substances Import and
Export Act (21 U.S.C. 961, 963), the court shall impose a
sentence pursuant to guidelines promulgated by the United
States Sentencing Commission under section 994 of title 28
without regard to any statutory minimum sentence, if the
court finds at sentencing, after the Government has been
afforded the opportunity to make a recommendation, that--
``(1) the defendant does not have more than 1 criminal
history point, as determined under the sentencing guidelines;
``(2) the defendant did not use violence or credible
threats of violence or possess a firearm or other dangerous
weapon (or induce another participant to do so) in connection
with the offense;
``(3) the offense did not result in death or serious bodily
injury to any person;
``(4) the defendant was not an organizer, leader, manager,
or supervisor of others in the offense, as determined under
the sentencing guidelines and was not engaged in a continuing
criminal enterprise, as defined in 21 U.S.C. 848; and
``(5) not later than the time of the sentencing hearing,
the defendant has truthfully provided to the Government all
information and evidence the defendant has concerning the
offense or offenses that were part of the same course of
conduct or of a common scheme or plan, but the fact that the
defendant has no relevant or useful other information to
provide or that the Government is already aware of the
information shall not preclude a determination by the court
that the defendant has complied with this requirement.
(b) Sentencing Commission Authority.--
(1) In general.--(A) The United States Sentencing
Commission (referred to in this subsection as the
``Commission''), under section 994(a)(1) and (p) of title
28--
(i) shall promulgate guidelines, or amendments to
guidelines, to carry out the purposes of this section and the
amendment made by this section; and
(ii) may promulgate policy statements, or amendments to
policy statements, to assist in the application of this
section and that amendment.
(B) In the case of a defendant for whom the statutorily
required minimum sentence is 5 years, such guidelines and
amendments to guidelines issued under subparagraph (A) shall
call for a guideline range in which the lowest term of
imprisonment is at least 24 months.
(2) Procedures.--If the Commission determines that it is
necessary to do so in order that the amendments made under
paragraph (1) may take effect on the effective date of the
amendment made by subsection (a), the Commission may
promulgate the amendments made under paragraph (1) in
accordance with the procedures set forth in section 21(a) of
the Sentencing Act of 1987, as though the authority under
that section had not expired.
(c) Effective Date and Application.--The amendment made by
subsection (a) shall apply to all sentences imposed on or
after the 10th day beginning after the date of enactment of
this Act.
TITLE IX--DRUG CONTROL
Subtitle A--Enhanced Penalties and General Provisions
SEC. 90101. ENHANCEMENT OF PENALTIES FOR DRUG TRAFFICKING IN
PRISONS.
Section 1791 of title 18, United States Code, is amended--
(1) in subsection (c), by inserting before ``Any'' the
following new sentence: ``Any punishment imposed under
subsection (b) for a violation of this section involving a
controlled substance shall be consecutive to any other
sentence imposed by any court for an offense involving such a
controlled substance.'';
(2) in subsection (d)(1)(A), by inserting after ``a firearm
or destructive device'' the following: ``or a controlled
substance in schedule I or II, other than marijuana or a
controlled substance referred to in subparagraph (C) of this
subsection'';
(3) in subsection (d)(1)(B), by inserting before
``ammunition,'' the following: ``marijuana or a controlled
substance in schedule III, other than a controlled substance
referred to in subparagraph (C) of this subsection,'';
(4) in subsection (d)(1)(C), by inserting
``methamphetamine, its salts, isomers, and salts of its
isomers,'' after ``a narcotic drug,'';
(5) in subsection (d)(1)(D), by inserting ``(A), (B), or''
before ``(C)''; and
(6) in subsection (b), by striking ``(c)'' each place it
appears and inserting ``(d)''.
SEC. 90102. INCREASED PENALTIES FOR DRUG-DEALING IN ``DRUG-
FREE'' ZONES.
Pursuant to its authority under section 994 of title 28,
United States Code, the United
[[Page 1817]]
States Sentencing Commission shall amend its sentencing
guidelines to provide an appropriate enhancement for a
defendant convicted of violating section 419 of the
Controlled Substances Act (21 U.S.C. 860).
SEC. 90103. ENHANCED PENALTIES FOR ILLEGAL DRUG USE IN
FEDERAL PRISONS AND FOR SMUGGLING DRUGS INTO
FEDERAL PRISONS.
(a) Declaration of Policy.--It is the policy of the Federal
Government that the use or distribution of illegal drugs in
the Nation's Federal prisons will not be tolerated and that
such crimes shall be prosecuted to the fullest extent of the
law.
(b) Sentencing Guidelines.--Pursuant to its authority under
section 994 of title 28, United States Code, the United
States Sentencing Commission shall amend its sentencing
guidelines to appropriately enhance the penalty for a person
convicted of an offense--
(1) under section 404 of the Controlled Substances Act
involving simple possession of a controlled substance within
a Federal prison or other Federal detention facility; or
(2) under section 401(b) of the Controlled Substances Act
involving the smuggling of a controlled substance into a
Federal prison or other Federal detention facility or the
distribution or intended distribution of a controlled
substance within a Federal prison or other Federal detention
facility.
(c) No Probation.--Notwithstanding any other law, the court
shall not sentence a person convicted of an offense described
in subsection (b) to probation.
SEC. 90104. CLARIFICATION OF NARCOTIC OR OTHER DANGEROUS
DRUGS UNDER RICO.
Section 1961(1) of title 18, United States Code, is amended
by striking ``narcotic or other dangerous drugs'' each place
it appears and inserting ``a controlled substance or listed
chemical (as defined in section 102 of the Controlled
Substances Act)''.
SEC. 90105. CONFORMING AMENDMENTS TO RECIDIVIST PENALTY
PROVISIONS OF THE CONTROLLED SUBSTANCES ACT AND
THE CONTROLLED SUBSTANCES IMPORT AND EXPORT
ACT.
(a) Sections 401(b)(1) (B), (C), and (D) of the Controlled
Substances Act (21 U.S.C. 841(b)(1) (B), (C), and (D)) and
sections 1010(b) (1), (2), and (3) of the Controlled
Substances Import and Export Act (21 U.S.C. 960(b) (1), (2),
and (3)) are each amended in the sentence or sentences
beginning ``If any person commits'' by striking ``one or more
prior convictions'' through ``have become final'' and
inserting ``a prior conviction for a felony drug offense has
become final''.
(b) Section 1012(b) of the Controlled Substances Import and
Export Act (21 U.S.C. 962(b)) is amended by striking ``one or
more prior convictions of him for a felony under any
provision of this title or title II or other law of a State,
the United States, or a foreign country relating to narcotic
drugs, marihuana, or depressant or stimulant drugs, have
become final'' and inserting ``one or more prior convictions
of such person for a felony drug offense have become final''.
(c) Section 401(b)(1)(A) of the Controlled Substances Act
(21 U.S.C. 841(b)(1)(A)) is amended by striking the sentence
beginning ``For purposes of this subparagraph, the term
`felony drug offense' means''.
(d) Section 102 of the Controlled Substances Act (21 U.S.C.
802) is amended by adding at the end the following new
paragraph:
``(43) The term `felony drug offense' means an offense that
is punishable by imprisonment for more than one year under
any law of the United States or of a State or foreign country
that prohibits or restricts conduct relating to narcotic
drugs, marihuana, or depressant or stimulant substances.''.
SEC. 90106. ADVERTISING.
Section 403 of the Controlled Substances Act (21 U.S.C.
843) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) It shall be unlawful for any person to place in any
newspaper, magazine, handbill, or other publications, any
written advertisement knowing that it has the purpose of
seeking or offering illegally to receive, buy, or distribute
a Schedule I controlled substance. As used in this section
the term `advertisement' includes, in addition to its
ordinary meaning, such advertisements as those for a catalog
of Schedule I controlled substances and any similar written
advertisement that has the purpose of seeking or offering
illegally to receive, buy, or distribute a Schedule I
controlled substance. The term `advertisement' does not
include material which merely advocates the use of a similar
material, which advocates a position or practice, and does
not attempt to propose or facilitate an actual transaction in
a Schedule I controlled substance.''.
SEC. 90107. VIOLENT CRIME AND DRUG EMERGENCY AREAS.
(a) Definitions.--In this section--
``major violent crime or drug-related emergency'' means an
occasion or instance in which violent crime, drug smuggling,
drug trafficking, or drug abuse violence reaches such levels,
as determined by the President, that Federal assistance is
needed to supplement State and local efforts and capabilities
to save lives, and to protect property and public health and
safety.
``State'' means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin
Islands, American Samoa, Guam, and the Northern Mariana
Islands.
(b) Declaration of Violent Crime and Drug Emergency
Areas.--If a major violent crime or drug-related emergency
exists throughout a State or a part of a State, the President
may declare the State or part of a State to be a violent
crime or drug emergency area and may take appropriate actions
authorized by this section.
(c) Procedure.--
(1) In general.--A request for a declaration designating an
area to be a violent crime or drug emergency area shall be
made, in writing, by the chief executive officer of a State
or local government, respectively (or in the case of the
District of Columbia, the mayor), and shall be forwarded to
the Attorney General in such form as the Attorney General may
by regulation require. One or more cities, counties, States,
or the District of Columbia may submit a joint request for
designation as a major violent crime or drug emergency area
under this subsection.
(2) Finding.--A request made under paragraph (1) shall be
based on a written finding that the major violent crime or
drug-related emergency is of such severity and magnitude that
Federal assistance is necessary to ensure an effective
response to save lives and to protect property and public
health and safety.
(d) Irrelevancy of Population density.--The President shall
not limit declarations made under this section to highly
populated centers of violent crime or drug trafficking, drug
smuggling, or drug use, but shall also consider applications
from governments of less populated areas where the magnitude
and severity of such activities is beyond the capability of
the State or local government to respond.
(e) Requirements.--As part of a request for a declaration
under this section, and as a prerequisite to Federal violent
crime or drug emergency assistance under this section, the
chief executive officer of a State or local government
shall--
(1) take appropriate action under State or local law and
furnish information on the nature and amount of State and
local resources that have been or will be committed to
alleviating the major violent crime- or drug-related
emergency;
(2) submit a detailed plan outlining that government's
short- and long-term plans to respond to the violent crime or
drug emergency, specifying the types and levels of Federal
assistance requested and including explicit goals (including
quantitative goals) and timetables; and
(3) specify how Federal assistance provided under this
section is intended to achieve those goals.
(f) Review Period.--The Attorney General shall review a
request submitted pursuant to this section, and the President
shall decide whether to declare a violent crime or drug
emergency area, within 30 days after receiving the request.
(g) Federal Assistance.--The President may--
(1) direct any Federal agency, with or without
reimbursement, to utilize its authorities and the resources
granted to it under Federal law (including personnel,
equipment, supplies, facilities, financial assistance, and
managerial, technical, and advisory services) in support of
State and local assistance efforts; and
(2) provide technical and advisory assistance, including
communications support and law enforcement-related
intelligence information.
(h) Duration of Federal Assistance.--
(1) In general.--Federal assistance under this section
shall not be provided to a violent crime or drug emergency
area for more than 1 year.
(2) Extension.--The chief executive officer of a
jurisdiction may apply to the President for an extension of
assistance beyond 1 year. The President may extend the
provision of Federal assistance for not more than an
additional 180 days.
(i) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Attorney General shall issue
regulations to implement this section.
(j) No Effect on Existing Authority.--Nothing in this
section shall diminish or detract from existing authority
possessed by the President or Attorney General.
Subtitle B--NATIONAL NARCOTICS LEADERSHIP ACT AMENDMENTS
SEC. 90201. IMPLEMENTATION OF NATIONAL DRUG CONTROL STRATEGY.
(a) Program Budget.--Section 1003(c) of the National
Narcotics Leadership Act of 1988 (21 U.S.C. 1502(c)) is
amended--
(1) by redesignating paragraphs (5), (6), and (7), as
paragraphs (6), (7), and (8), respectively; and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) The Director shall request the head of a department
or agency to include in the department's or agency's budget
submission to the Office of Management and Budget funding
requests for specific initiatives that are consistent with
the President's priorities for the National Drug Control
Strategy and certifications made pursuant to paragraph (3),
and the head of the department or agency shall comply with
such a request.''.
(b) Budget Recommendation.--Section 1003(b) of the National
Narcotics Leadership Act of 1988 (21 U.S.C. 1502(b)) is
amended--
(1) by striking ``and'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
[[Page 1818]]
``(8) provide, by July 1 of each year, budget
recommendations to the heads of departments and agencies with
responsibilities under the National Drug Control Program,
which recommendations shall apply to the second following
fiscal year and address funding priorities developed in the
annual National Drug Control Strategy.''.
(c) Control of Drug-Related Resources.--Section 1003 of the
National Narcotics Leadership Act of 1988 (21 U.S.C. 1502) is
amended--
(1) in subsection (d)--
(A) by amending paragraph (2) to read as follows:
``(2) request the head of a department or agency or program
to place department, agency, or program personnel who are
engaged in drug control activities on temporary detail to
another department or agency in order to implement the
National Drug Control Strategy, and the head of the
department or agency shall comply with such a request;
(B) by striking ``and'' at the end of paragraph (6);
(C) by striking the period at the end of paragraph (7) and
inserting a semicolon; and
(D) by adding after paragraph (7) the following new
paragraphs:
``(8) except to the extent that the Director's authority
under this paragraph is limited in an annual appropriations
Act, transfer funds appropriated to a National Drug Control
Program agency account to a different National Drug Control
Program agency account in an amount that does not exceed 2
percent of the amount appropriated to either account, upon
advance approval of the Committees on Appropriations of each
House of Congress; and
``(9) in order to ensure compliance with the National Drug
Control Program, issue to the head of a National Drug Control
Program agency a funds control notice described in subsection
(f).''; and
(2) by adding at the end the following new subsections:
``(f) Funds Control Notices.--(1) A funds control notice
may direct that all or part of an amount appropriated to the
National Drug Control Program agency account be obligated
by--
``(A) months, fiscal year quarters, or other time periods;
and
``(B) activities, functions, projects, or object classes.
``(2) An officer or employee of a National Drug Control
Program agency shall not make or authorize an expenditure or
obligation contrary to a funds control notice issued by the
Director.
``(3) In the case of a violation of paragraph (2) by an
officer or employee of a National Drug Control Program
agency, the head of the agency, upon the request of and in
consultation with the Director, may subject the officer or
employee to appropriate administrative discipline, including,
when circumstances warrant, suspension from duty without pay
or removal from office.''.
(d) Certification of Adequacy of Budget Request.--Section
1003(c)(3)(B) of the National Narcotics Leadership Act of
1988 (21 U.S.C. 1502(c)(3)(B)) is amended--
(1) by inserting ``in whole or in part'' after ``adequacy
of such request''; and
(2) by striking the semicolon at the end and inserting
``and, with respect to a request that is not certified as
adequate to implement the objectives of the National Drug
Control Strategy, include in the certification an initiative
or funding level that would make the request adequate;''.
SEC. 90202. OFFICE PERSONNEL RESTRICTION.
Section 1003 of the National Narcotics Leadership Act of
1988 (21 U.S.C. 1502) is amended by adding at the end the
following new subsection:
``(f) Prohibition on Political Campaigning.--A Federal
officer in the Office of National Drug Control Policy who is
appointed by the President, by and with the advice and
consent of the Senate, may not participate in Federal
election campaign activities, except that such an official is
not prohibited by this subsection from making contributions
to individual candidates.''.
SEC. 90203. NATIONAL DRUG CONTROL STRATEGY OUTCOME MEASURES.
Section 1005(a) of the National Narcotics Leadership Act of
1988 (21 U.S.C. 1504(a)) is amended--
(1) in paragraph (2)(A) by inserting ``and the consequences
of drug abuse'' after ``drug abuse''; and
(2) by amending paragraph (4) to read as follows:
``(4) The Director shall include with each National Drug
Control Strategy an evaluation of the effectiveness of
Federal drug control during the preceding year. The
evaluation shall include an assessment of Federal drug
control efforts, including--
``(A) assessment of the reduction of drug use, including
estimates of drug prevalence and frequency of use as measured
by national, State, and local surveys of illicit drug use and
by other special studies of--
``(i) high-risk populations, including school dropouts, the
homeless and transient, arrestees, parolees, and
probationers, and juvenile delinquents; and
``(ii) drug use in the workplace and the productivity lost
by such use;
``(B) assessment of the reduction of drug availability, as
measured by--
``(i) the quantities of cocaine, heroin, and marijuana
available for consumption in the United States;
``(ii) the amount of cocaine and heroin entering the United
States;
``(iii) the number of hectares of poppy and coca cultivated
and destroyed;
``(iv) the number of metric tons of heroin and cocaine
seized;
``(v) the number of cocaine processing labs destroyed;
``(vi) changes in the price and purity of heroin and
cocaine;
``(vii) the amount and type of controlled substances
diverted from legitimate retail and wholesale sources; and
``(viii) the effectiveness of Federal technology programs
at improving drug detection capabilities at United States
ports of entry;
``(C) assessment of the reduction of the consequences of
drug use and availability, which shall include estimation
of--
``(i) burdens drug users placed on hospital emergency rooms
in the United States, such as the quantity of drug-related
services provided;
``(ii) the annual national health care costs of drug use,
including costs associated with people becoming infected with
the human immunodeficiency virus and other communicable
diseases as a result of drug use;
``(iii) the extent of drug-related crime and criminal
activity; and
``(iv) the contribution of drugs to the underground
economy, as measured by the retail value of drugs sold in the
United States; and
``(D) determination of the status of drug treatment in the
United States, by assessing--
``(i) public and private treatment capacity within each
State, including information on the number of treatment slots
available in relation to the number actually used, including
data on intravenous drug users and pregnant women;
``(ii) the extent, within each State, to which treatment is
available, on demand, to intravenous drug users and pregnant
women;
``(iii) the number of drug users the Director estimates
could benefit from treatment; and
``(iv) the success of drug treatment programs, including an
assessment of the effectiveness of the mechanisms in place
federally, and within each State, to determine the relative
quality of substance abuse treatment programs, the
qualifications of treatment personnel, and the mechanism by
which patients are admitted to the most appropriate and cost
effective treatment setting.
``(5) The Director shall include with the National Drug
Control Strategy required to be submitted not later than
February 1, 1995, and with every second such strategy
submitted thereafter--
``(A) an assessment of the quality of current drug use
measurement instruments and techniques to measure supply
reduction and demand reduction activities;
``(B) an assessment of the adequacy of the coverage of
existing national drug use measurement instruments and
techniques to measure the casual drug user population and
groups at-risk for drug use;
``(C) an assessment of the actions the Director shall take
to correct any deficiencies and limitations identified
pursuant to subparagraphs (A) and (B); and
``(D) identification of the specific factors that restrict
the availability of treatment services to those seeking it
and proposed administrative or legislative remedies to make
treatment available to those individuals.
``(6) Federal agencies responsible for the collection or
estimation of drug-related information required by the
Director shall cooperate with the Director, to the fullest
extent possible, to enable the Director to satisfy the
requirements of sections 4 and 5.
``(7) With each National Drug Control Strategy, the
Director shall report to the President and the Congress on
the Director's assessment of drug use and availability in the
United States, including an estimate of the effectiveness of
interdiction, treatment, prevention, law enforcement, and
international programs under the National Drug Control
Strategy in effect in the preceding year in reducing drug use
and availability.''.
SEC. 90204. COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER.
(a) Drug Abuse Addiction and Rehabilitation Center.--
Section 1003A of the National Narcotics Leadership Act of
1988 (21 U.S.C. 1502a(c)(1)) is amended--
(1) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (C), (D), and (E), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) in consultation with the National Institute on Drug
Abuse, and through interagency agreements or grants, examine
addiction and rehabilitation research and the application of
technology to expanding the effectiveness or availability of
drug treatment;''.
(b) Assistance From the Advanced Research Project Agency.--
Section 1003A of the National Narcotics Leadership Act of
1988 (21 U.S.C. 1502a) is amended by adding at the end the
following:
``(f) Assistance and Support to Office of National Drug
Control Policy.--The Director of the Advanced Research
Project Agency shall, to the fullest extent possible, render
assistance and support to the Office of National Drug Control
Policy and its Director.''.
(c) Repeal and Redesignation.--The National Narcotics
Leadership Act of 1988 is amended by--
(1) repealing section 1008 (21 U.S.C. 1505), as in effect
on the date of the enactment of this Act;
[[Page 1819]]
(2) redesignating section 1003A, as amended by subsection
(b) of this section, as section 1008; and
(3) moving such section, as redesignated, so as to follow
section 1007.
SEC. 90205. SPECIAL FORFEITURE FUND AMENDMENTS.
(a) Deposits Into Special Forfeiture Fund.--Section 6073 of
the Asset Forfeiture Amendments Act of 1988 (21 U.S.C. 1509)
is amended to read as follows:
``(b) Deposits.--There shall be deposited into the Fund the
amounts specified by section 524(c)(9) of title 28, United
States Code, and section 9307(g) of title 31, United States
Code, and any earnings on the investments authorized by
subsection (d).''.
(b) Transfers From Department of Justice Assets Forfeiture
Fund.--Section 524(c)(9) of title 28, United States Code, is
amended by amending subparagraphs (B), (C), and (D) to read
as follows:
``(B) Subject to subparagraphs (C) and (D), at the end of
each of fiscal years 1994, 1995, 1996, and 1997, the Attorney
General shall transfer from the Fund not more than
$100,000,000 to the Special Forfeiture Fund established by
section 6073 of the Anti-Drug Abuse Act of 1988.
``(C) Transfers under subparagraph (B) may be made only
from the excess unobligated balance and may not exceed one-
half of the excess unobligated balance for any year. In
addition, transfers under subparagraph (B) may be made only
to the extent that the sum of the transfers in a fiscal year
and one-half of the unobligated balance at the beginning of
that fiscal year for the Special Forfeiture Fund does not
exceed $100,000,000.
``(D) For the purpose of determining amounts available for
distribution at year end for any fiscal year, `excess
unobligated balance' means the unobligated balance of the
Fund generated by that fiscal year's operations, less any
amounts that are required to be retained in the Fund to
ensure the availability of amounts in the subsequent fiscal
year for purposes authorized under paragraph (1).''.
(c) Transfers From Department of the Treasury Forfeiture
Fund.-- Section 9703(g) of title 31, United States Code, is
amended--
(1) in paragraph (3)--
(A) by amending subparagraph (A) to read as follows:
``(A) Subject to subparagraphs (B) and (C), at the end of
each of fiscal years 1994, 1995, 1996, and 1997, the
Secretary shall transfer from the Fund not more than
$100,000,000 to the Special Forfeiture Fund established by
section 6073 of the Anti-Drug Abuse Act of 1988.''; and
(B) in subparagraph (B) by adding the following at the end:
``Further, transfers under subparagraph (A) may not exceed
one-half of the excess unobligated balance for a year. In
addition, transfers under subparagraph (A) may be made only
to the extent that the sum of the transfers in a fiscal year
and one-half of the unobligated balance at the beginning of
that fiscal year for the Special Forfeiture Fund does not
exceed $100,000,000.''; and
(2) in subparagraph (4)(A)--
(A) in clause (i) by striking ``(i)''; and
(B) by striking clause (ii).
(d) Surplus Funds.--Section 6073 of the Asset Forfeiture
Amendments Act of 1988 (21 U.S.C. 1509) is amended--
(1) by redesignating subsections (c), (d), (e), and (f), as
subsections (d), (e), (f), and (g), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Super Surplus.--(1) Any unobligated balance up to
$20,000,000 remaining in the Fund on September 30 of a fiscal
year shall be available to the Director, subject to paragraph
(2), to transfer to, and for obligation and expenditure in
connection with drug control activities of, any Federal
agency or State or local entity with responsibilities under
the National Drug Control Strategy.
``(2) A transfer may be made under paragraph (1) only with
the advance written approval of the Committees on
Appropriations of each House of Congress.''.
SEC. 90206. AUTHORIZATION OF APPROPRIATIONS.
Section 1011 of the National Narcotics Leadership Act of
1988 (21 U.S.C. 1508) is amended by striking ``4'' and
inserting ``8''.
SEC. 90207. ADEQUATE STAFFING OF THE OFFICE OF NATIONAL DRUG
CONTROL POLICY.
Section 1008(d)(1) of the National Narcotics Leadership Act
of 1988 (21 U.S.C. 1502(d)(1)) is amended by striking
``such'' and inserting ``up to 75 and such additional''.
SEC. 90208. TERMINATION OF OFFICE OF NATIONAL DRUG CONTROL
POLICY.
(a) Reauthorization.--Section 1009 of the National
Narcotics Leadership Act of 1988 (21 U.S.C. 1506) is amended
by striking ``the date which is 5 years after the date of the
enactment of this subtitle'' and inserting ``September 30,
1997''.
(b) Continued Effectiveness.--The National Narcotics
Leadership Act of 1988 (21 U.S.C. 1501 et seq.) shall be
considered not to have been repealed by operation of section
1009 of that Act, but shall remain in effect as if the
amendment made by subsection (a) had been included in that
Act on the date of its enactment.
TITLE X--DRUNK DRIVING PROVISIONS
SEC. 100001. SHORT TITLE.
This title may be cited as the ``Drunk Driving Child
Protection Act of 1994''.
SEC. 100002. STATE LAWS APPLIED IN AREAS OF FEDERAL
JURISDICTION.
Section 13(b) of title 18, United States Code, is amended--
(1) by striking ``For purposes'' and inserting ``(1)
Subject to paragraph (2) and for purposes''; and
(2) by adding at the end the following new paragraph:
``(2)(A) In addition to any term of imprisonment provided
for operating a motor vehicle under the influence of a drug
or alcohol imposed under the law of a State, territory,
possession, or district, the punishment for such an offense
under this section shall include an additional term of
imprisonment of not more than 1 year, or if serious bodily
injury of a minor is caused, not more than 5 years, or if
death of a minor is caused, not more than 10 years, and an
additional fine of not more than $1,000, or both, if--
``(i) a minor (other than the offender) was present in the
motor vehicle when the offense was committed; and
``(ii) the law of the State, territory, possession, or
district in which the offense occurred does not provide an
additional term of imprisonment under the circumstances
described in clause (i).
``(B) For the purposes of subparagraph (A), the term
`minor' means a person less than 18 years of age.''.
SEC. 100003. DRIVING WHILE INTOXICATED PROSECUTION PROGRAM.
Section 501(b) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3751) is amended--
(1) by striking ``and'' at the end of paragraph (20);
(2) by striking the period at the end of paragraph (21) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(22) programs for the prosecution of driving while
intoxicated charges and the enforcement of other laws
relating to alcohol use and the operation of motor
vehicles.''.
TITLE XI--FIREARMS
Subtitle A--Assault Weapons
SEC. 110101. SHORT TITLE.
This subtitle may be cited as the ``Public Safety and
Recreational Firearms Use Protection Act''.
SEC. 110102. RESTRICTION ON MANUFACTURE, TRANSFER, AND
POSSESSION OF CERTAIN SEMIAUTOMATIC ASSAULT
WEAPONS.
(a) Restriction.--Section 922 of title 18, United States
Code, is amended by adding at the end the following new
subsection:
``(v)(1) It shall be unlawful for a person to manufacture,
transfer, or possess a semiautomatic assault weapon.
``(2) Paragraph (1) shall not apply to the possession or
transfer of any semiautomatic assault weapon otherwise
lawfully possessed under Federal law on the date of the
enactment of this subsection.
``(3) Paragraph (1) shall not apply to--
``(A) any of the firearms, or replicas or duplicates of the
firearms, specified in Appendix A to this section, as such
firearms were manufactured on October 1, 1993;
``(B) any firearm that--
``(i) is manually operated by bolt, pump, lever, or slide
action;
``(ii) has been rendered permanently inoperable; or
``(iii) is an antique firearm;
``(C) any semiautomatic rifle that cannot accept a
detachable magazine that holds more than 5 rounds of
ammunition; or
``(D) any semiautomatic shotgun that cannot hold more than
5 rounds of ammunition in a fixed or detachable magazine.
The fact that a firearm is not listed in Appendix A shall not
be construed to mean that paragraph (1) applies to such
firearm. No firearm exempted by this subsection may be
deleted from Appendix A so long as this subsection is in
effect.
``(4) Paragraph (1) shall not apply to--
``(A) the manufacture for, transfer to, or possession by
the United States or a department or agency of the United
States or a State or a department, agency, or political
subdivision of a State, or a transfer to or possession by a
law enforcement officer employed by such an entity for
purposes of law enforcement (whether on or off duty);
``(B) the transfer to a licensee under title I of the
Atomic Energy Act of 1954 for purposes of establishing and
maintaining an on-site physical protection system and
security organization required by Federal law, or possession
by an employee or contractor of such licensee on-site for
such purposes or off-site for purposes of licensee-authorized
training or transportation of nuclear materials;
``(C) the possession, by an individual who is retired from
service with a law enforcement agency and is not otherwise
prohibited from receiving a firearm, of a semiautomatic
assault weapon transferred to the individual by the agency
upon such retirement; or
``(D) the manufacture, transfer, or possession of a
semiautomatic assault weapon by a licensed manufacturer or
licensed importer for the purposes of testing or
experimentation authorized by the Secretary.''.
(b) Definition of Semiautomatic Assault Weapon.--Section
921(a) of title 18, United States Code, is amended by adding
at the end the following new paragraph:
``(30) The term `semiautomatic assault weapon' means--
``(A) any of the firearms, or copies or duplicates of the
firearms in any caliber, known as--
``(i) Norinco, Mitchell, and Poly Technologies Avtomat
Kalashnikovs (all models);
``(ii) Action Arms Israeli Military Industries UZI and
Galil;
[[Page 1820]]
``(iii) Beretta Ar70 (SC-70);
``(iv) Colt AR-15;
``(v) Fabrique National FN/FAL, FN/LAR, and FNC;
``(vi) SWD M-10, M-11, M-11/9, and M-12;
``(vii) Steyr AUG;
``(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
``(ix) revolving cylinder shotguns, such as (or similar to)
the Street Sweeper and Striker 12;
``(B) a semiautomatic rifle that has an ability to accept a
detachable magazine and has at least 2 of--
``(i) a folding or telescoping stock;
``(ii) a pistol grip that protrudes conspicuously beneath
the action of the weapon;
``(iii) a bayonet mount;
``(iv) a flash suppressor or threaded barrel designed to
accommodate a flash suppressor; and
``(v) a grenade launcher;
``(C) a semiautomatic pistol that has an ability to accept
a detachable magazine and has at least 2 of--
``(i) an ammunition magazine that attaches to the pistol
outside of the pistol grip;
``(ii) a threaded barrel capable of accepting a barrel
extender, flash suppressor, forward handgrip, or silencer;
``(iii) a shroud that is attached to, or partially or
completely encircles, the barrel and that permits the shooter
to hold the firearm with the nontrigger hand without being
burned;
``(iv) a manufactured weight of 50 ounces or more when the
pistol is unloaded; and
``(v) a semiautomatic version of an automatic firearm; and
``(D) a semiautomatic shotgun that has at least 2 of--
``(i) a folding or telescoping stock;
``(ii) a pistol grip that protrudes conspicuously beneath
the action of the weapon;
``(iii) a fixed magazine capacity in excess of 5 rounds;
and
``(iv) an ability to accept a detachable magazine.''.
(c) Penalties.--
(1) Violation of section 922(v).--Section 924(a)(1)(B) of
such title is amended by striking ``or (q) of section 922''
and inserting ``(r), or (v) of section 922''.
(2) Use or possession during crime of violence or drug
trafficking crime.--Section 924(c)(1) of such title is
amended in the first sentence by inserting ``, or
semiautomatic assault weapon,'' after ``short-barreled
shotgun,''.
(d) Identification Markings for Semiautomatic Assault
Weapons.--Section 923(i) of such title is amended by adding
at the end the following: ``The serial number of any
semiautomatic assault weapon manufactured after the date of
the enactment of this sentence shall clearly show the date on
which the weapon was manufactured.''.
SEC. 110103. BAN OF LARGE CAPACITY AMMUNITION FEEDING
DEVICES.
(a) Prohibition.--Section 922 of title 18, United States
Code, as amended by section 110102(a), is amended by adding
at the end the following new subsection:
``(w)(1) Except as provided in paragraph (2), it shall be
unlawful for a person to transfer or possess a large capacity
ammunition feeding device.
``(2) Paragraph (1) shall not apply to the possession or
transfer of any large capacity ammunition feeding device
otherwise lawfully possessed on or before the date of the
enactment of this subsection.
``(3) This subsection shall not apply to--
``(A) the manufacture for, transfer to, or possession by
the United States or a department or agency of the United
States or a State or a department, agency, or political
subdivision of a State, or a transfer to or possession by a
law enforcement officer employed by such an entity for
purposes of law enforcement (whether on or off duty);
``(B) the transfer to a licensee under title I of the
Atomic Energy Act of 1954 for purposes of establishing and
maintaining an on-site physical protection system and
security organization required by Federal law, or possession
by an employee or contractor of such licensee on-site for
such purposes or off-site for purposes of licensee-authorized
training or transportation of nuclear materials;
``(C) the possession, by an individual who is retired from
service with a law enforcement agency and is not otherwise
prohibited from receiving ammunition, of a large capacity
ammunition feeding device transferred to the individual by
the agency upon such retirement; or
``(D) the manufacture, transfer, or possession of any large
capacity ammunition feeding device by a licensed manufacturer
or licensed importer for the purposes of testing or
experimentation authorized by the Secretary.
``(4) If a person charged with violating paragraph (1)
asserts that paragraph (1) does not apply to such person
because of paragraph (2) or (3), the Government shall have
the burden of proof to show that such paragraph (1) applies
to such person. The lack of a serial number as described in
section 923(i) of title 18, United States Code, shall be a
presumption that the large capacity ammunition feeding device
is not subject to the prohibition of possession in paragraph
(1).''.
(b) Definition of Large Capacity Ammunition Feeding
Device.--Section 921(a) of title 18, United States Code, as
amended by section 110102(b), is amended by adding at the end
the following new paragraph:
``(31) The term `large capacity ammunition feeding
device'--
``(A) means a magazine, belt, drum, feed strip, or similar
device manufactured after the date of enactment of the
Violent Crime Control and Law Enforcement Act of 1994 that
has a capacity of, or that can be readily restored or
converted to accept, more than 10 rounds of ammunition; but
``(B) does not include an attached tubular device designed
to accept, and capable of operating only with, .22 caliber
rimfire ammunition.''.
(c) Penalty.--Section 924(a)(1)(B) of title 18, United
States Code, as amended by section 110102(c)(1), is amended
by striking ``or (v)'' and inserting ``(v), or (w)''.
(d) Identification Markings for Large Capacity Ammunition
Feeding Devices.--Section 923(i) of title 18, United States
Code, as amended by section 110102(d) of this Act, is amended
by adding at the end the following: ``A large capacity
ammunition feeding device manufactured after the date of the
enactment of this sentence shall be identified by a serial
number that clearly shows that the device was manufactured or
imported after the effective date of this subsection, and
such other identification as the Secretary may by regulation
prescribe.''.
SEC. 110104. STUDY BY ATTORNEY GENERAL.
(a) Study.--The Attorney General shall investigate and
study the effect of this subtitle and the amendments made by
this subtitle, and in particular shall determine their
impact, if any, on violent and drug trafficking crime. The
study shall be conducted over a period of 18 months,
commencing 12 months after the date of enactment of this Act.
(b) Report.--Not later than 30 months after the date of
enactment of this Act, the Attorney General shall prepare and
submit to the Congress a report setting forth in detail the
findings and determinations made in the study under
subsection (a).
SEC. 110105. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle--
(1) shall take effect on the date of the enactment of this
Act; and
(2) are repealed effective as of the date that is 10 years
after that date.
SEC. 110106. APPENDIX A TO SECTION 922 OF TITLE 18.
Section 922 of title 18, United States Code, is amended by
adding at the end the following appendix:
``APPENDIX A
Centerfire Rifles--Autoloaders
Browning BAR Mark II Safari Semi-Auto Rifle
Browning BAR Mark II Safari Magnum Rifle
Browning High-Power Rifle
Heckler & Koch Model 300 Rifle
Iver Johnson M-1 Carbine
Iver Johnson 50th Anniversary M-1 Carbine
Marlin Model 9 Camp Carbine
Marlin Model 45 Carbine
Remington Nylon 66 Auto-Loading Rifle
Remington Model 7400 Auto Rifle
Remington Model 7400 Rifle
Remington Model 7400 Special Purpose Auto Rifle
Ruger Mini-14 Autoloading Rifle (w/o folding stock)
Ruger Mini Thirty Rifle
Centerfire Rifles--Lever & Slide
Browning Model 81 BLR Lever-Action Rifle
Browning Model 81 Long Action BLR
Browning Model 1886 Lever-Action Carbine
Browning Model 1886 High Grade Carbine
Cimarron 1860 Henry Replica
Cimarron 1866 Winchester Replicas
Cimarron 1873 Short Rifle
Cimarron 1873 Sporting Rifle
Cimarron 1873 30" Express Rifle
Dixie Engraved 1873 Rifle
E.M.F. 1866 Yellowboy Lever Actions
E.M.F. 1860 Henry Rifle
E.M.F. Model 73 Lever-Action Rifle
Marlin Model 336CS Lever-Action Carbine
Marlin Model 30AS Lever-Action Carbine
Marlin Model 444SS Lever-Action Sporter
Marlin Model 1894S Lever-Action Carbine
Marlin Model 1894CS Carbine
Marlin Model 1894CL Classic
Marlin Model 1895SS Lever-Action Rifle
Mitchell 1858 Henry Replica
Mitchell 1866 Winchester Replica
Mitchell 1873 Winchester Replica
Navy Arms Military Henry Rifle
Navy Arms Henry Trapper
Navy Arms Iron Frame Henry
Navy Arms Henry Carbine
Navy Arms 1866 Yellowboy Rifle
Navy Arms 1873 Winchester-Style Rifle
Navy Arms 1873 Sporting Rifle
Remington 7600 Slide Action
Remington Model 7600 Special Purpose Slide Action
Rossi M92 SRC Saddle-Ring Carbine
Rossi M92 SRS Short Carbine
Savage 99C Lever-Action Rifle
Uberti Henry Rifle
Uberti 1866 Sporting Rilfe
Uberti 1873 Sporting Rifle
Winchester Model 94 Side Eject Lever-Action Rifle
Winchester Model 94 Trapper Side Eject
Winchester Model 94 Big Bore Side Eject
Winchester Model 94 Ranger Side Eject Lever-Action Rifle
[[Page 1821]]
Winchester Model 94 Wrangler Side Eject
Centerfire Rifles--Bolt Action
Alpine Bolt-Action Rifle
A-Square Caesar Bolt-Action Rifle
A-Square Hannibal Bolt-Action Rifle
Anschutz 1700D Classic Rifles
Anschutz 1700D Custom Rifles
Anschutz 1700D Bavarian Bolt-Action Rifle
Anschutz 1733D Mannlicher Rifle
Barret Model 90 Bolt-Action Rifle
Beeman/HW 60J Bolt-Action Rifle
Blaser R84 Bolt-Action Rifle
BRNO 537 Sporter Bolt-Action Rifle
BRNO ZKB 527 Fox Bolt-Action Rifle
BRNO ZKK 600, 601, 602 Bolt-Action Rifles
Browning A-Bolt Rifle
Browning A-Bolt Stainless Stalker
Browning A-Bolt Left Hand
Browning A-Bolt Short Action
Browning Euro-Bolt Rifle
Browning A-Bolt Gold Medallion
Browning A-Bolt Micro Medallion
Century Centurion 14 Sporter
Century Enfield Sporter #4
Century Swedish Sporter #38
Century Mauser 98 Sporter
Cooper Model 38 Centerfire Sporter
Dakota 22 Sporter Bolt-Action Rifle
Dakota 76 Classic Bolt-Action Rifle
Dakota 76 Short Action Rifles
Dakota 76 Safari Bolt-Action Rifle
Dakota 416 Rigby African
E.A.A./Sabatti Rover 870 Bolt-Action Rifle
Auguste Francotte Bolt-Action Rifles
Carl Gustaf 2000 Bolt-Action Rifle
Heym Magnum Express Series Rifle
Howa Lightning Bolt-Action Rifle
Howa Realtree Camo Rifle
Interarms Mark X Viscount Bolt-Action Rifle
Interarms Mini-Mark X Rifle
Interarms Mark X Whitworth Bolt-Action Rifle
Interarms Whitworth Express Rifle
Iver Johnson Model 5100A1 Long-Range Rifle
KDF K15 American Bolt-Action Rifle
Krico Model 600 Bolt-Action Rifle
Krico Model 700 Bolt-Action Rifles
Mauser Model 66 Bolt-Action Rifle
Mauser Model 99 Bolt-Action Rifle
McMillan Signature Classic Sporter
McMillan Signature Super Varminter
McMillan Signature Alaskan
McMillan Signature Titanium Mountain Rifle
McMillan Classic Stainless Sporter
McMillan Talon Safari Rifle
McMillan Talon Sporter Rifle
Midland 1500S Survivor Rifle
Navy Arms TU-33/40 Carbine
Parker-Hale Model 81 Classic Rifle
Parker-Hale Model 81 Classic African Rifle
Parker-Hale Model 1000 Rifle
Parker-Hale Model 1100M African Magnum
Parker-Hale Model 1100 Lightweight Rifle
Parker-Hale Model 1200 Super Rifle
Parker-Hale Model 1200 Super Clip Rifle
Parker-Hale Model 1300C Scout Rifle
Parker-Hale Model 2100 Midland Rifle
Parker-Hale Model 2700 Lightweight Rifle
Parker-Hale Model 2800 Midland Rifle
Remington Model Seven Bolt-Action Rifle
Remington Model Seven Youth Rifle
Remington Model Seven Custom KS
Remington Model Seven Custom MS Rifle
Remington 700 ADL Bolt-Action Rifle
Remington 700 BDL Bolt-Action Rifle
Remington 700 BDL Varmint Special
Remington 700 BDL European Bolt-Action Rifle
Remington 700 Varmint Synthetic Rifle
Remington 700 BDL SS Rifle
Remington 700 Stainless Synthetic Rifle
Remington 700 MTRSS Rifle
Remington 700 BDL Left Hand
Remington 700 Camo Synthetic Rifle
Remington 700 Safari
Remington 700 Mountain Rifle
Remington 700 Custom KS Mountain Rifle
Remington 700 Classic Rifle
Ruger M77 Mark II Rifle
Ruger M77 Mark II Magnum Rifle
Ruger M77RL Ultra Light
Ruger M77 Mark II All-Weather Stainless Rifle
Ruger M77 RSI International Carbine
Ruger M77 Mark II Express Rifle
Ruger M77VT Target Rifle
Sako Hunter Rifle
Sako Fiberclass Sporter
Sako Safari Grade Bolt Action
Sako Hunter Left-Hand Rifle
Sako Classic Bolt Action
Sako Hunter LS Rifle
Sako Deluxe Lightweight
Sako Super Deluxe Sporter
Sako Mannlicher-Style Carbine
Sako Varmint Heavy Barrel
Sako TRG-S Bolt-Action Rifle
Sauer 90 Bolt-Action Rifle
Savage 110G Bolt-Action Rifle
Savage 110CY Youth/Ladies Rifle
Savage 110WLE One of One Thousand Limited Edition Rifle
Savage 110GXP3 Bolt-Action Rifle
Savage 110F Bolt-Action Rifle
Savage 110FXP3 Bolt-Action Rifle
Savage 110GV Varmint Rifle
Savage 112FV Varmint Rifle
Savage Model 112FVS Varmint Rifle
Savage Model 112BV Heavy Barrel Varmint Rifle
Savage 116FSS Bolt-Action Rifle
Savage Model 116FSK Kodiak Rifle
Savage 110FP Police Rifle
Steyr-Mannlicher Sporter Models SL, L, M, S, S/T
Steyr-Mannlicher Luxus Model L, M, S
Steyr-Mannlicher Model M Professional Rifle
Tikka Bolt-Action Rifle
Tikka Premium Grade Rifles
Tikka Varmint/Continental Rifle
Tikka Whitetail/Battue Rifle
Ultra Light Arms Model 20 Rifle
Ultra Light Arms Model 28, Model 40 Rifles
Voere VEC 91 Lightning Bolt-Action Rifle
Voere Model 2165 Bolt-Action Rifle
Voere Model 2155, 2150 Bolt-Action Rifles
Weatherby Mark V Deluxe Bolt-Action Rifle
Weatherby Lasermark V Rifle
Weatherby Mark V Crown Custom Rifles
Weatherby Mark V Sporter Rifle
Weatherby Mark V Safari Grade Custom Rifles
Weatherby Weathermark Rifle
Weatherby Weathermark Alaskan Rifle
Weatherby Classicmark No. 1 Rifle
Weatherby Weatherguard Alaskan Rifle
Weatherby Vanguard VGX Deluxe Rifle
Weatherby Vanguard Classic Rifle
Weatherby Vanguard Classic No. 1 Rifle
Weatherby Vanguard Weatherguard Rifle
Wichita Classic Rifle
Wichita Varmint Rifle
Winchester Model 70 Sporter
Winchester Model 70 Sporter WinTuff
Winchester Model 70 SM Sporter
Winchester Model 70 Stainless Rifle
Winchester Model 70 Varmint
Winchester Model 70 Synthetic Heavy Varmint Rifle
Winchester Model 70 DBM Rifle
Winchester Model 70 DBM-S Rifle
Winchester Model 70 Featherweight
Winchester Model 70 Featherweight WinTuff
Winchester Model 70 Featherweight Classic
Winchester Model 70 Lightweight Rifle
Winchester Ranger Rifle
Winchester Model 70 Super Express Magnum
Winchester Model 70 Super Grade
Winchester Model 70 Custom Sharpshooter
Winchester Model 70 Custom Sporting Sharpshooter Rifle
Centerfire Rifles--Single Shot
Armsport 1866 Sharps Rifle, Carbine
Brown Model One Single Shot Rifle
Browning Model 1885 Single Shot Rifle
Dakota Single Shot Rifle
Desert Industries G-90 Single Shot Rifle
Harrington & Richardson Ultra Varmint Rifle
Model 1885 High Wall Rifle
Navy Arms Rolling Block Buffalo Rifle
Navy Arms #2 Creedmoor Rifle
Navy Arms Sharps Cavalry Carbine
Navy Arms Sharps Plains Rifle
New England Firearms Handi-Rifle
Red Willow Armory Ballard No. 5 Pacific
Red Willow Armory Ballard No. 1.5 Hunting Rifle
Red Willow Armory Ballard No. 8 Union Hill Rifle
Red Willow Armory Ballard No. 4.5 Target Rifle
Remington-Style Rolling Block Carbine
Ruger No. 1B Single Shot
Ruger No. 1A Light Sporter
Ruger No. 1H Tropical Rifle
Ruger No. 1S Medium Sporter
Ruger No. 1 RSI International
Ruger No. 1V Special Varminter
C. Sharps Arms New Model 1874 Old Reliable
C. Sharps Arms New Model 1875 Rifle
C. Sharps Arms 1875 Classic Sharps
C. Sharps Arms New Model 1875 Target & Long Range
Shiloh Sharps 1874 Long Range Express
Shiloh Sharps 1874 Montana Roughrider
Shiloh Sharps 1874 Military Carbine
Shiloh Sharps 1874 Business Rifle
Shiloh Sharps 1874 Military Rifle
Sharps 1874 Old Reliable
Thompson/Center Contender Carbine
Thompson/Center Stainless Contender Carbine
Thompson/Center Contender Carbine Survival System
Thompson/Center Contender Carbine Youth Model
Thompson/Center TCR '87 Single Shot Rifle
Uberti Rolling Block Baby Carbine
Drillings, Combination Guns, Double Rifles
Beretta Express SSO O/U Double Rifles
[[Page 1822]]
Beretta Model 455 SxS Express Rifle
Chapuis RGExpress Double Rifle
Auguste Francotte Sidelock Double Rifles
Auguste Francotte Boxlock Double Rifle
Heym Model 55B O/U Double Rifle
Heym Model 55FW O/U Combo Gun
Heym Model 88b Side-by-Side Double Rifle
Kodiak Mk. IV Double Rifle
Kreighoff Teck O/U Combination Gun
Kreighoff Trumpf Drilling
Merkel Over/Under Combination Guns
Merkel Drillings
Merkel Model 160 Side-by-Side Double Rifles
Merkel Over/Under Double Rifles
Savage 24F O/U Combination Gun
Savage 24F-12T Turkey Gun
Springfield Inc. M6 Scout Rifle/Shotgun
Tikka Model 412s Combination Gun
Tikka Model 412S Double Fire
A. Zoli Rifle-Shotgun O/U Combo
Rimfire Rifles--Autoloaders
AMT Lightning 25/22 Rifle
AMT Lightning Small-Game Hunting Rifle II
AMT Magnum Hunter Auto Rifle
Anschutz 525 Deluxe Auto
Armscor Model 20P Auto Rifle
Browning Auto-22 Rifle
Browning Auto-22 Grade VI
Krico Model 260 Auto Rifle
Lakefield Arms Model 64B Auto Rifle
Marlin Model 60 Self-Loading Rifle
Marlin Model 60ss Self-Loading Rifle
Marlin Model 70 HC Auto
Marlin Model 990l Self-Loading Rifle
Marlin Model 70P Papoose
Marlin Model 922 Magnum Self-Loading Rifle
Marlin Model 995 Self-Loading Rifle
Norinco Model 22 ATD Rifle
Remington Model 522 Viper Autoloading Rifle
Remington 552BDL Speedmaster Rifle
Ruger 10/22 Autoloading Carbine (w/o folding stock)
Survival Arms AR-7 Explorer Rifle
Texas Remington Revolving Carbine
Voere Model 2115 Auto Rifle
Rimfire Rifles--Lever & Slide Action
Browning BL-22 Lever-Action Rifle
Marlin 39TDS Carbine
Marlin Model 39AS Golden Lever-Action Rifle
Remington 572BDL Fieldmaster Pump Rifle
Norinco EM-321 Pump Rifle
Rossi Model 62 SA Pump Rifle
Rossi Model 62 SAC Carbine
Winchester Model 9422 Lever-Action Rifle
Winchester Model 9422 Magnum Lever-Action Rifle
Rimfire Rifles--Bolt Actions & Single Shots
Anschutz Achiever Bolt-Action Rifle
Anschutz 1416D/1516D Classic Rifles
Anschutz 1418D/1518D Mannlicher Rifles
Anschutz 1700D Classic Rifles
Anschutz 1700D Custom Rifles
Anschutz 1700 FWT Bolt-Action Rifle
Anschutz 1700D Graphite Custom Rifle
Anschutz 1700D Bavarian Bolt-Action Rifle
Armscor Model 14P Bolt-Action Rifle
Armscor Model 1500 Rifle
BRNO ZKM-452 Deluxe Bolt-Action Rifle
BRNO ZKM 452 Deluxe
Beeman/HW 60-J-ST Bolt-Action Rifle
Browning A-Bolt 22 Bolt-Action Rifle
Browning A-Bolt Gold Medallion
Cabanas Phaser Rifle
Cabanas Master Bolt-Action Rifle
Cabanas Espronceda IV Bolt-Action Rifle
Cabanas Leyre Bolt-Action Rifle
Chipmunk Single Shot Rifle
Cooper Arms Model 36S Sporter Rifle
Dakota 22 Sporter Bolt-Action Rifle
Krico Model 300 Bolt-Action Rifles
Lakefield Arms Mark II Bolt-Action Rifle
Lakefield Arms Mark I Bolt-Action Rifle
Magtech Model MT-22C Bolt-Action Rifle
Marlin Model 880 Bolt-Action Rifle
Marlin Model 881 Bolt-Action Rifle
Marlin Model 882 Bolt-Action Rifle
Marlin Model 883 Bolt-Action Rifle
Marlin Model 883SS Bolt-Action Rifle
Marlin Model 25MN Bolt-Action Rifle
Marlin Model 25N Bolt-Action Repeater
Marlin Model 15YN ``Little Buckaroo''
Mauser Model 107 Bolt-Action Rifle
Mauser Model 201 Bolt-Action Rifle
Navy Arms TU-KKW Training Rifle
Navy Arms TU-33/40 Carbine
Navy Arms TU-KKW Sniper Trainer
Norinco JW-27 Bolt-Action Rifle
Norinco JW-15 Bolt-Action Rifle
Remington 541-T
Remington 40-XR Rimfire Custom sporter
Remington 541-T HB Bolt-Action Rifle
Remington 581-S Sportsman Rifle
Ruger 77/22 Rimfire Bolt-Action Rifle
Ruger K77/22 Varmint Rifle
Ultra Light Arms Model 20 RF Bolt-Action Rifle
Winchester Model 52B Sporting Rifle
Competition Rifles--Centerfire & Rimfire
Anschutz 64-MS Left Silhouette
Anschutz 1808D RT Super Match 54 Target
Anschutz 1827B Biathlon Rifle
Anschutz 1903D Match Rifle
Anschutz 1803D Intermediate Match
Anschutz 1911 Match Rifle
Anschutz 54.18MS REP Deluxe Silhouette Rifle
Anschutz 1913 Super Match Rifle
Anschutz 1907 Match Rifle
Anschutz 1910 Super Match II
Anschutz 54.18MS Silhouette Rifle
Anschutz Super Match 54 Target Model 2013
Anschutz Super Match 54 Target Model 2007
Beeman/Feinwerkbau 2600 Target Rifle
Cooper Arms Model TRP-1 ISU Standard Rifle
E.A.A./Weihrauch HW 60 Target Rifle
E.A.A./HW 660 Match Rifle
Finnish Lion Standard Target Rifle
Krico Model 360 S2 Biathlon Rifle
Krico Model 400 Match Rifle
Krico Model 360S Biathlon Rifle
Krico Model 500 Kricotronic Match Rifle
Krico Model 600 Sniper Rifle
Krico Model 600 Match Rifle
Lakefield Arms Model 90B Target Rifle
Lakefield Arms Model 91T Target Rifle
Lakefield Arms Model 92S Silhouette Rifle
Marlin Model 2000 Target Rifle
Mauser Model 86-SR Specialty Rifle
McMillan M-86 Sniper Rifle
McMillan Combo M-87/M-88 50-Caliber Rifle
McMillan 300 Phoenix Long Range Rifle
McMillan M-89 Sniper Rifle
McMillan National Match Rifle
McMillan Long Range Rifle
Parker-Hale M-87 Target Rifle
Parker-Hale M-85 Sniper Rifle
Remington 40-XB Rangemaster Target Centerfire
Remington 40-XR KS Rimfire Position Rifle
Remington 40-XBBR KS
Remington 40-XC KS National Match Course Rifle
Sako TRG-21 Bolt-Action Rifle
Steyr-Mannlicher Match SPG-UIT Rifle
Steyr-Mannlicher SSG P-I Rifle
Steyr-Mannlicher SSG P-III Rifle
Steyr-Mannlicher SSG P-IV Rifle
Tanner Standard UIT Rifle
Tanner 50 Meter Free Rifle
Tanner 300 Meter Free Rifle
Wichita Silhouette Rifle
Shotguns--Autoloaders
American Arms/Franchi Black Magic 48/AL
Benelli Super Black Eagle Shotgun
Benelli Super Black Eagle Slug Gun
Benelli M1 Super 90 Field Auto Shotgun
Benelli Montefeltro Super 90 20-Gauge Shotgun
Benelli Montefeltro Super 90 Shotgun
Benelli M1 Sporting Special Auto Shotgun
Benelli Black Eagle Competition Auto Shotgun
Beretta A-303 Auto Shotgun
Beretta 390 Field Auto Shotgun
Beretta 390 Super Trap, Super Skeet Shotguns
Beretta Vittoria Auto Shotgun
Beretta Model 1201F Auto Shotgun
Browning BSA 10 Auto Shotgun
Browning BSA 10 Stalker Auto Shotgun
Browning A-500R Auto Shotgun
Browning A-500G Auto Shotgun
Browning A-500G Sporting Clays
Browning Auto-5 Light 12 and 20
Browning Auto-5 Stalker
Browning Auto-5 Magnum 20
Browning Auto-5 Magnum 12
Churchill Turkey Automatic Shotgun
Cosmi Automatic Shotgun
Maverick Model 60 Auto Shotgun
Mossberg Model 5500 Shotgun
Mossberg Model 9200 Regal Semi-Auto Shotgun
Mossberg Model 9200 USST Auto Shotgun
Mossberg Model 9200 Camo Shotgun
Mossberg Model 6000 Auto Shotgun
Remington Model 1100 Shotgun
Remington 11-87 Premier Shotgun
Remington 11-87 Sporting Clays
Remington 11-87 Premier Skeet
Remington 11-87 Premier Trap
Remington 11-87 Special Purpose Magnum
Remington 11-87 SPS-T Camo Auto Shotgun
Remington 11-87 Special Purpose Deer Gun
Remington 11-87 SPS-BG-Camo Deer/Turkey Shotgun
Remington 11-87 SPS-Deer Shotgun
Remington 11-87 Special Purpose Synthetic Camo
Remington SP-10 Magnum-Camo Auto Shotgun
Remington SP-10 Magnum Auto Shotgun
Remington SP-10 Magnum Turkey Combo
Remington 1100 LT-20 Auto
[[Page 1823]]
Remington 1100 Special Field
Remington 1100 20-Gauge Deer Gun
Remington 1100 LT-20 Tournament Skeet
Winchester Model 1400 Semi-Auto Shotgun
Shotguns--Slide Actions
Browning Model 42 Pump Shotgun
Browning BPS Pump Shotgun
Browning BPS Stalker Pump Shotgun
Browning BPS Pigeon Grade Pump Shotgun
Browning BPS pump Shotgun (Ladies and Youth Model)
Browning BPS Game Gun Turkey Special
Browning BPS Game Gun Deer Special
Ithaca Model 87 Supreme Pump Shotgun
Ithaca Model 87 Deerslayer Shotgun
Ithaca Deerslayer II Rifled Shotgun
Ithaca Model 87 Turkey Gun
Ithaca Model 87 Deluxe Pump Shotgun
Magtech Model 586-VR Pump Shotgun
Maverick Models 88, 91 Pump Shotguns
Mossberg Model 500 Sporting Pump
Mossberg Model 500 Camo Pump
Mossberg Model 500 Muzzleloader Combo
Mossberg Model 500 Trophy Slugster
Mossberg Turkey Model 500 Pump
Mossberg Model 500 Bantam Pump
Mossberg Field Grade Model 835 Pump Shotgun
Mossberg Model 835 Regal Ulti-Mag Pump
Remington 870 Wingmaster
Remington 870 Special Purpose Deer Gun
Remington 870 SPS-BG-Camo Deer/Turkey Shotgun
Remington 870 SPS-Deer Shotgun
Remington 870 Marine Magnum
Remington 870 TC Trap
Remington 870 Special Purpose Synthetic Camo
Remington 870 Wingmaster Small Gauges
Remington 870 Express Rifle Sighted Deer Gun
Remington 879 SPS Special Purpose Magnum
Remington 870 SPS-T Camo Pump Shotgun
Remington 870 Special Field
Remington 870 Express Turkey
Remington 870 High Grades
Remington 870 Express
Remington Model 870 Express Youth Gun
Winchester Model 12 Pump Shotgun
Winchester Model 42 High Grade Shotgun
Winchester Model 1300 Walnut Pump
Winchester Model 1300 Slug Hunter Deer Gun
Winchester Model 1300 Ranger Pump Gun Combo & Deer Gun
Winchester Model 1300 Turkey Gun
Winchester Model 1300 Ranger Pump Gun
Shotguns--Over/Unders
American Arms/Franchi Falconet 2000 O/U
American Arms Silver I O/U
American Arms Silver II Shotgun
American Arms Silver Skeet O/U
American Arms/Franchi Sporting 2000 O/U
American Arms Silver Sporting O/U
American Arms Silver Trap O/U
American Arms WS/OU 12, TS/OU 12 Shotguns
American Arms WT/OU 10 Shotgun
Armsport 2700 O/U Goose Gun
Armsport 2700 Series O/U
Armsport 2900 Tri-Barrel Shotgun
Baby Bretton Over/Under Shotgun
Beretta Model 686 Ultralight O/U
Beretta ASE 90 Competition O/U Shotgun
Beretta Over/Under Field Shotguns
Beretta Onyx Hunter Sport O/U Shotgun
Beretta Model SO5, SO6, SO9 Shotguns
Beretta Sporting Clay Shotguns
Beretta 687EL Sporting O/U
Beretta 682 Super Sporting O/U
Beretta Series 682 Competition Over/Unders
Browning Citori O/U Shotgun
Browning Superlight Citori Over/Under
Browning Lightning Sporting Clays
Browning Micro Citori Lightning
Browning Citori Plus Trap Combo
Browning Citori Plus Trap Gun
Browning Citori O/U Skeet Models
Browning Citori O/U Trap Models
Browning Special Sporting Clays
Browning Citori GTI Sporting Clays
Browning 325 Sporting Clays
Centurion Over/Under Shotgun
Chapuis Over/Under Shotgun
Connecticut Valley Classics Classic Sporter O/U
Connecticut Valley Classics Classic Field Waterfowler
Charles Daly Field Grade O/U
Charles Daly Lux Over/Under
E.A.A./Sabatti Sporting Clays Pro-Gold O/U
E.A.A/Sabatti Falcon-Mon Over/Under
Kassnar Grade I O/U Shotgun
Krieghoff K-80 Sporting Clays O/U
Krieghoff K-80 Skeet Shotgun
Krieghoff K-80 International Skeet
Krieghoff K-80 Four-Barrel Skeet Set
Krieghoff K-80/RT Shotguns
Krieghoff K-80 O/U Trap Shotgun
Laurona Silhouette 300 Sporting Clays
Laurona Silhouette 300 Trap
Laurona Super Model Over/Unders
Ljutic LM-6 Deluxe O/U Shotgun
Marocchi Conquista Over/Under Shotgun
Marocchi Avanza O/U Shotgun
Merkel Model 200E O/U Shotgun
Merkel Model 200E Skeet, Trap Over/Unders
Merkel Model 203E, 303E Over/Under Shotguns
Perazzi Mirage Special Sporting O/U
Perazzi Mirage Special Four-Gauge Skeet
Perazzi Sporting Classic O/U
Perazzi MX7 Over/Under Shotguns
Perazzi Mirage Special Skeet Over/Under
Perazzi MX8/MX8 Special Trap, Skeet
Perazzi MX8/20 Over/Under Shotgun
Perazzi MX9 Single Over/Under Shotguns
Perazzi MX12 Hunting Over/Under
Perazzi MX28, MX410 Game O/U Shotguns
Perazzi MX20 Hunting Over/Under
Piotti Boss Over/Under Shotgun
Remington Peerless Over/Under Shotgun
Ruger Red Label O/U Shotgun
Ruger Sporting Clays O/U Shotgun
San Marco 12-Ga. Wildflower Shotgun
San Marco Field Special O/U Shotgun
San Marco 10-Ga. O/U Shotgun
SKB Model 505 Deluxe Over/Under Shotgun
SKB Model 685 Over/Under Shotgun
SKB Model 885 Over/Under Trap, Skeet, Sporting Clays
Stoeger/IGA Condor I O/U Shotgun
Stoeger/IGA ERA 2000 Over/Under Shotgun
Techni-Mec Model 610 Over/Under
Tikka Model 412S Field Grade Over/Under
Weatherby Athena Grade IV O/U Shotguns
Weatherby Athena Grade V Classic Field O/U
Weatherby Orion O/U Shotguns
Weatherby II, III Classic Field O/Us
Weatherby Orion II Classic Sporting Clays O/U
Weatherby Orion II Sporting Clays O/U
Winchester Model 1001 O/U Shotgun
Winchester Model 1001 Sporting Clays O/U
Pietro Zanoletti Model 2000 Field O/U
Shotguns--Side by Sides
American Arms Brittany Shotgun
American Arms Gentry Double Shotgun
American Arms Derby Side-by-Side
American Arms Grulla #2 Double Shotgun
American Arms WS/SS 10
American Arms TS/SS 10 Double Shotgun
American Arms TS/SS 12 Side-by-Side
Arrieta Sidelock Double Shotguns
Armsport 1050 Series Double Shotguns
Arizaga Model 31 Double Shotgun
AYA Boxlock Shotguns
AYA Sidelock Double Shotguns
Beretta Model 452 Sidelock Shotgun
Beretta Side-by-Side Field Shotguns
Crucelegui Hermanos Model 150 Double
Chapuis Side-by-Side Shotgun
E.A.A./Sabatti Saba-Mon Double Shotgun
Charles Daly Model Dss Double
Ferlib Model F VII Double Shotgun
Auguste Francotte Boxlock Shotgun
Auguste Francotte Sidelock Shotgun
Garbi Model 100 Double
Garbi Model 101 Side-by-Side
Garbi Model 103A, B Side-by-Side
Garbi Model 200 Side-by-Side
Bill Hanus Birdgun Doubles
Hatfield Uplander Shotgun
Merkel Model 8, 47E Side-by-Side Shotguns
Merkel Model 47LSC Sporting Clays Double
Merkel Model 47S, 147S Side-by-Sides
Parker Reproductions Side-by-Side
Piotti King No. 1 Side-by-Side
Piotti Lunik Side-by-Side
Piotti King Extra Side-by-Side
Piotti Piuma Side-by-Side
Precision Sports Model 600 Series Doubles
Rizzini Boxlock Side-by-Side
Rizzini Sidelock Side-by-Side
Stoeger/IGA Uplander Side-by-Side Shotgun
Ugartechea 10-Ga. Magnum Shotgun
Shotguns--Bolt Actions & Single Shots
Armsport Single Barrel Shotgun
Browning BT-99 Competition Trap Special
Browning BT-99 Plus Trap Gun
Browning BT-99 Plus Micro
Browning Recoilless Trap Shotgun
Browning Micro Recoilless Trap Shotgun
Desert Industries Big Twenty Shotgun
Harrington & Richardson Topper Model 098
Harrington & Richardson Topper Classic Youth Shotgun
Harrington & Richardson N.W.T.F. Turkey Mag
[[Page 1824]]
Harrington & Richardson Topper Deluxe Model 098
Krieghoff KS-5 Trap Gun
Krieghoff KS-5 Special
Krieghoff K-80 Single Barrel Trap Gun
Ljutic Mono Gun Single Barrel
Ljutic LTX Super Deluxe Mono Gun
Ljutic Recoilless Space Gun Shotgun
Marlin Model 55 Goose Gun Bolt Action
New England Firearms Turkey and Goose Gun
New England Firearms N.W.T.F. Shotgun
New England Firearms Tracker Slug Gun
New England Firearms Standard Pardner
New England Firearms Survival Gun
Perazzi TM1 Special Single Trap
Remington 90-T Super Single Shotgun
Snake Charmer II Shotgun
Stoeger/IGA Reuna Single Barrel Shotgun
Thompson/Center TCR '87 Hunter Shotgun.''.
Subtitle B--Youth Handgun Safety
SEC. 110201. PROHIBITION OF THE POSSESSION OF A HANDGUN OR
AMMUNITION BY, OR THE PRIVATE TRANSFER OF A
HANDGUN OR AMMUNITION TO, A JUVENILE.
(a) Offense.--Section 922 of title 18, United States Code,
as amended by section 110103(a), is amended by adding at the
end the following new subsection:
``(x)(1) It shall be unlawful for a person to sell,
deliver, or otherwise transfer to a person who the transferor
knows or has reasonable cause to believe is a juvenile--
``(A) a handgun; or
``(B) ammunition that is suitable for use only in a
handgun.
``(2) It shall be unlawful for any person who is a juvenile
to knowingly possess--
``(A) a handgun; or
``(B) ammunition that is suitable for use only in a
handgun.
``(3) This subsection does not apply to--
``(A) a temporary transfer of a handgun or ammunition to a
juvenile or to the possession or use of a handgun or
ammunition by a juvenile if the handgun and ammunition are
possessed and used by the juvenile--
``(i) in the course of employment, in the course of
ranching or farming related to activities at the residence of
the juvenile (or on property used for ranching or farming at
which the juvenile, with the permission of the property owner
or lessee, is performing activities related to the operation
of the farm or ranch), target practice, hunting, or a course
of instruction in the safe and lawful use of a handgun;
``(ii) with the prior written consent of the juvenile's
parent or guardian who is not prohibited by Federal, State,
or local law from possessing a firearm, except--
``(I) during transportation by the juvenile of an unloaded
handgun in a locked container directly from the place of
transfer to a place at which an activity described in clause
(i) is to take place and transportation by the juvenile of
that handgun, unloaded and in a locked container, directly
from the place at which such an activity took place to the
transferor; or
``(II) with respect to ranching or farming activities as
described in clause (i), a juvenile may possess and use a
handgun or ammunition with the prior written approval of the
juvenile's parent or legal guardian and at the direction of
an adult who is not prohibited by Federal, State or local law
from possessing a firearm;
``(iii) the juvenile has the prior written consent in the
juvenile's possession at all times when a handgun is in the
possession of the juvenile; and
``(iv) in accordance with State and local law;
``(B) a juvenile who is a member of the Armed Forces of the
United States or the National Guard who possesses or is armed
with a handgun in the line of duty;
``(C) a transfer by inheritance of title (but not
possession) of a handgun or ammunition to a juvenile; or
``(D) the possession of a handgun or ammunition by a
juvenile taken in defense of the juvenile or other persons
against an intruder into the residence of the juvenile or a
residence in which the juvenile is an invited guest.
``(4) A handgun or ammunition, the possession of which is
transferred to a juvenile in circumstances in which the
transferor is not in violation of this subsection shall not
be subject to permanent confiscation by the Government if its
possession by the juvenile subsequently becomes unlawful
because of the conduct of the juvenile, but shall be returned
to the lawful owner when such handgun or ammunition is no
longer required by the Government for the purposes of
investigation or prosecution.
``(5) For purposes of this subsection, the term `juvenile'
means a person who is less than 18 years of age.
``(6)(A) In a prosecution of a violation of this
subsection, the court shall require the presence of a
juvenile defendant's parent or legal guardian at all
proceedings.
``(B) The court may use the contempt power to enforce
subparagraph (A).
``(C) The court may excuse attendance of a parent or legal
guardian of a juvenile defendant at a proceeding in a
prosecution of a violation of this subsection for good cause
shown.''.
(b) Penalties.--Section 924(a) of title 18, United States
Code, is amended--
(1) in paragraph (1) by striking ``paragraph (2) or (3)
of''; and
(2) by adding at the end the following new paragraph:
``(5)(A)(i) A juvenile who violates section 922(x) shall be
fined under this title, imprisoned not more than 1 year, or
both, except that a juvenile described in clause (ii) shall
be sentenced to probation on appropriate conditions and shall
not be incarcerated unless the juvenile fails to comply with
a condition of probation.
``(ii) A juvenile is described in this clause if--
``(I) the offense of which the juvenile is charged is
possession of a handgun or ammunition in violation of section
922(x)(2); and
``(II) the juvenile has not been convicted in any court of
an offense (including an offense under section 922(x) or a
similar State law, but not including any other offense
consisting of conduct that if engaged in by an adult would
not constitute an offense) or adjudicated as a juvenile
delinquent for conduct that if engaged in by an adult would
constitute an offense.
``(B) A person other than a juvenile who knowingly violates
section 922(x)--
``(i) shall be fined under this title, imprisoned not more
than 1 year, or both; and
``(ii) if the person sold, delivered, or otherwise
transferred a handgun or ammunition to a juvenile knowing or
having reasonable cause to know that the juvenile intended to
carry or otherwise possess or discharge or otherwise use the
handgun or ammunition in the commission of a crime of
violence, shall be fined under this title, imprisoned not
more than 10 years, or both.''.
(c) Technical Amendment of Juvenile Delinquency Provisions
in Title 18, United States Code.--
(1) Section 5031.--Section 5031 of title 18, United States
Code, is amended by inserting ``or a violation by such a
person of section 922(x)'' before the period at the end.
(2) Section 5032.--Section 5032 of title 18, United States
Code, is amended--
(A) in the first undesignated paragraph by inserting ``or
(x)'' after ``922(p)''; and
(B) in the fourth undesignated paragraph by inserting ``or
section 922(x) of this title,'' before ``criminal prosecution
on the basis''.
(d) Technical Amendment of the Juvenile Justice and
Delinquency Prevention Act of 1974.--Section 223(a)(12)(A) of
the Juvenile Justice and Delinquency Prevention Act of 1974
(42 U.S.C. 5633(a)(12)(A)) is amended by striking ``which do
not constitute violations of valid court orders'' and
inserting ``(other than an offense that constitutes a
violation of a valid court order or a violation of section
922(x) of title 18, United States Code, or a similar State
law).''
(e) Model Law.--The Attorney General, acting through the
Director of the National Institute for Juvenile Justice and
Delinquency Prevention, shall--
(1) evaluate existing and proposed juvenile handgun
legislation in each State;
(2) develop model juvenile handgun legislation that is
constitutional and enforceable;
(3) prepare and disseminate to State authorities the
findings made as the result of the evaluation; and
(4) report to Congress by December 31, 1995, findings and
recommendations concerning the need or appropriateness of
further action by the Federal Government.
Subtitle C--Licensure
SEC. 110301. FIREARMS LICENSURE AND REGISTRATION TO REQUIRE A
PHOTOGRAPH AND FINGERPRINTS.
(a) Firearms Licensure.--Section 923(a) of title 18, United
States Code, is amended in the second sentence by inserting
``and shall include a photograph and fingerprints of the
applicant'' before the period.
(b) Registration.--Section 5802 of the Internal Revenue
Code of 1986 is amended by inserting after the first sentence
the following: ``An individual required to register under
this section shall include a photograph and fingerprints of
the individual with the initial application.''.
SEC. 110302. COMPLIANCE WITH STATE AND LOCAL LAW AS A
CONDITION TO LICENSE.
Section 923(d)(1) of title 18, United States Code, is
amended--
(1) by striking ``and'' at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) the applicant certifies that--
``(i) the business to be conducted under the license is not
prohibited by State or local law in the place where the
licensed premise is located;
``(ii)(I) within 30 days after the application is approved
the business will comply with the requirements of State and
local law applicable to the conduct of the business; and
``(II) the business will not be conducted under the license
until the requirements of State and local law applicable to
the business have been met; and
``(iii) that the applicant has sent or delivered a form to
be prescribed by the Secretary, to the chief law enforcement
officer of the locality in which the premises are located,
which indicates that the applicant intends to apply for a
Federal firearms license.''.
SEC. 110303. ACTION ON FIREARMS LICENSE APPLICATION.
Section 923(d)(2) of title 18, United States Code, is
amended by striking ``forty-five-day'' and inserting ``60-
day''.
[[Page 1825]]
SEC. 110304. INSPECTION OF FIREARMS LICENSEES' INVENTORY AND
RECORDS.
Section 923(g)(1)(B)(ii) of title 18, United States Code,
is amended to read as follows:
``(ii) for ensuring compliance with the record keeping
requirements of this chapter--
``(I) not more than once during any 12-month period; or
``(II) at any time with respect to records relating to a
firearm involved in a criminal investigation that is traced
to the licensee.''.
SEC. 110305. REPORTS OF THEFT OR LOSS OF FIREARMS.
Section 923(g) of title 18, United States Code, is amended
by adding at the end the following new paragraph:
``(6) Each licensee shall report the theft or loss of a
firearm from the licensee's inventory or collection, within
48 hours after the theft or loss is discovered, to the
Secretary and to the appropriate local authorities.''.
SEC. 110306. RESPONSES TO REQUESTS FOR INFORMATION.
Section 923(g) of title 18, United States Code, as amended
by section 110405, is amended by adding at the end the
following new paragraph:
``(7) Each licensee shall respond immediately to, and in no
event later than 24 hours after the receipt of, a request by
the Secretary for information contained in the records
required to be kept by this chapter as may be required for
determining the disposition of 1 or more firearms in the
course of a bona fide criminal investigation. The requested
information shall be provided orally or in writing, as the
Secretary may require. The Secretary shall implement a system
whereby the licensee can positively identify and establish
that an individual requesting information via telephone is
employed by and authorized by the agency to request such
information.''.
SEC. 110307. NOTIFICATION OF NAMES AND ADDRESSES OF FIREARMS
LICENSEES.
Section 923 of title 18, United States Code, is amended by
adding at the end the following new subsection:
``(1) The Secretary of the Treasury shall notify the chief
law enforcement officer in the appropriate State and local
jurisdictions of the names and addresses of all persons in
the State to whom a firearms license is issued.''.
Subtitle D--Domestic Violence
SEC. 110401. PROHIBITION AGAINST DISPOSAL OF FIREARMS TO, OR
RECEIPT OF FIREARMS BY, PERSONS WHO HAVE
COMMITTED DOMESTIC ABUSE.
(a) Intimate Partner Defined.--Section 921(a) of title 18,
United States Code, as amended by section 110103(b), is
amended by inserting at the end the following new paragraph:
``(32) The term `intimate partner' means, with respect to a
person, the spouse of the person, a former spouse of the
person, an individual who is a parent of a child of the
person, and an individual who cohabitates or has cohabited
with the person.''.
(b) Prohibition Against Disposal of Firearms.--Section
922(d) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``; or''; and
(3) by inserting after paragraph (7) the following new
paragraph:
``(8) is subject to a court order that restrains such
person from harassing, stalking, or threatening an intimate
partner of such person or child of such intimate partner or
person, or engaging in other conduct that would place an
intimate partner in reasonable fear of bodily injury to the
partner or child, except that this paragraph shall only apply
to a court order that--
``(A) was issued after a hearing of which such person
received actual notice, and at which such person had the
opportunity to participate; and
``(B)(i) includes a finding that such person represents a
credible threat to the physical safety of such intimate
partner or child; or
``(ii) by its terms explicitly prohibits the use, attempted
use, or threatened use of physical force against such
intimate partner or child that would reasonably be expected
to cause bodily injury.''.
(c) Prohibition Against Receipt of Firearms.--Section
922(g) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (6);
(2) by inserting ``or'' at the end of paragraph (7); and
(3) by inserting after paragraph (7) the following:
``(8) who is subject to a court order that--
``(A) was issued after a hearing of which such person
received actual notice, and at which such person had an
opportunity to participate;
``(B) restrains such person from harassing, stalking, or
threatening an intimate partner of such person or child of
such intimate partner or person, or engaging in other conduct
that would place an intimate partner in reasonable fear of
bodily injury to the partner or child; and
``(C)(i) includes a finding that such person represents a
credible threat to the physical safety of such intimate
partner or child; or
``(ii) by its terms explicitly prohibits the use, attempted
use, or threatened use of physical force against such
intimate partner or child that would reasonably be expected
to cause bodily injury,''.
(d) Storage of Firearms.--Section 926(a) of title 18,
United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by inserting after paragraph (2) the following:
``(3) regulations providing for effective receipt and
secure storage of firearms relinquished by or seized from
persons described in subsection (d)(8) or (g)(8) of section
922.''.
(e) Return of Firearms.--Section 924(d)(1) of title 18,
United States Code, is amended by striking ``the seized'' and
inserting ``or lapse of or court termination of the
restraining order to which he is subject, the seized or
relinquished''.
Subtitle E--Gun Crime Penalties
SEC. 110501. ENHANCED PENALTY FOR USE OF A SEMIAUTOMATIC
FIREARM DURING A CRIME OF VIOLENCE OR A DRUG
TRAFFICKING CRIME.
(a) Amendment to Sentencing Guidelines.--Pursuant to its
authority under section 994 of title 28, United States Code,
the United States Sentencing Commission shall amend its
sentencing guidelines to provide an appropriate enhancement
of the punishment for a crime of violence (as defined in
section 924(c)(3) of title 18, United States Code) or a drug
trafficking crime (as defined in section 924(c)(2) of title
18, United States Code) if a semiautomatic firearm is
involved.
(b) Semiautomatic Firearm.--In subsection (a),
``semiautomatic firearm'' means any repeating firearm that
utilizes a portion of the energy of a firing cartridge to
extract the fired cartridge case and chamber the next round
and that requires a separate pull of the trigger to fire each
cartridge.
SEC. 110502. ENHANCED PENALTY FOR SECOND OFFENSE OF USING AN
EXPLOSIVE TO COMMIT A FELONY.
Pursuant to its authority under section 994 of title 28,
United States Code, the United States Sentencing Commission
shall promulgate amendments to the sentencing guidelines to
appropriately enhance penalties in a case in which a
defendant convicted under section 844(h) of title 18, United
States Code, has previously been convicted under that
section.
SEC. 110503. SMUGGLING FIREARMS IN AID OF DRUG TRAFFICKING.
Section 924 of title 18, United States Code, as amended by
section 60013, is amended by adding at the end the following
new subsection:
``(j) A person who, with intent to engage in or to promote
conduct that--
``(1) is punishable under the Controlled Substances Act (21
U.S.C. 801 et seq.), the Controlled Substances Import and
Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law
Enforcement Act (46 U.S.C. App. 1901 et seq.);
``(2) violates any law of a State relating to any
controlled substance (as defined in section 102 of the
Controlled Substances Act, 21 U.S.C. 802); or
``(3) constitutes a crime of violence (as defined in
subsection (c)(3),
smuggles or knowingly brings into the United States a
firearm, or attempts to do so, shall be imprisoned not more
than 10 years, fined under this title, or both.''.
SEC. 110504. THEFT OF FIREARMS AND EXPLOSIVES.
(a) Firearms.--Section 924 of title 18, United States Code,
as amended by section 110203(a), is amended by adding at the
end the following new subsection:
``(k) A person who steals any firearm which is moving as,
or is a part of, or which has moved in, interstate or foreign
commerce shall be imprisoned for not more than 10 years,
fined under this title, or both.''.
(b) Explosives.--Section 844 of title 18, United States
Code, is amended by adding at the end the following new
subsection:
``(k) A person who steals any explosives materials which
are moving as, or are a part of, or which have moved in,
interstate or foreign commerce shall be imprisoned for not
more than 10 years, fined under this title, or both.''.
SEC. 110505. REVOCATION OF SUPERVISED RELEASE AFTER
IMPRISONMENT.
Section 3583 of title 18, United States Code, is amended--
(1) in subsection (d) by striking ``possess illegal
controlled substances'' and inserting ``unlawfully possess a
controlled substance'';
(2) in subsection (e)--
(A) by striking ``person'' each place such term appears in
such subsection and inserting ``defendant''; and
(B) by amending paragraph (3) to read as follows:
``(3) revoke a term of supervised release, and require the
defendant to serve in prison all or part of the term of
supervised release authorized by statute for the offense that
resulted in such term of supervised release without credit
for time previously served on postrelease supervision, if the
court, pursuant to the Federal Rules of Criminal Procedure
applicable to revocation of probation or supervised release,
finds by a preponderance of the evidence that the defendant
violated a condition of supervised release, except that a
defendant whose term is revoked under this paragraph may not
be required to serve more than 5 years in prison if the
offense that resulted in the term of supervised release is a
class A felony, more than 3 years in prison if such offense
is a class B felony, more than 2 years in prison if such
offense is a class C or D felony, or more than one year in
any other case; or''; and
(3) by striking subsection (g) and inserting the following:
``(g) Mandatory Revocation for Possession of Controlled
Substance or Firearm
[[Page 1826]]
or for Refusal To Comply With Drug Testing.--If the
defendant--
``(1) possesses a controlled substance in violation of the
condition set forth in subsection (d);
``(2) possesses a firearm, as such term is defined in
section 921 of this title, in violation of Federal law, or
otherwise violates a condition of supervised release
prohibiting the defendant from possessing a firearm; or
``(3) refuses to comply with drug testing imposed as a
condition of supervised release;
the court shall revoke the term of supervised release and
require the defendant to serve a term of imprisonment not to
exceed the maximum term of imprisonment authorized under
subsection (e)(3).
``(h) Supervised Release Following Revocation.--When a term
of supervised release is revoked and the defendant is
required to serve a term of imprisonment that is less than
the maximum term of imprisonment authorized under subsection
(e)(3), the court may include a requirement that the
defendant be placed on a term of supervised release after
imprisonment. The length of such a term of supervised release
shall not exceed the term of supervised release authorized by
statute for the offense that resulted in the original term of
supervised release, less any term of imprisonment that was
imposed upon revocation of supervised release.
``(i) Delayed Revocation.--The power of the court to revoke
a term of supervised release for violation of a condition of
supervised release, and to order the defendant to serve a
term of imprisonment and, subject to the limitations in
subsection (h), a further term of supervised release, extends
beyond the expiration of the term of supervised release for
any period reasonably necessary for the adjudication of
matters arising before its expiration if, before its
expiration, a warrant or summons has been issued on the basis
of an allegation of such a violation.''.
SEC. 110506. REVOCATION OF PROBATION.
(a) In General.--Section 3565(a) of title 18, United States
Code, is amended--
(1) in paragraph (2) by striking ``impose any other
sentence that was available under subchapter A at the time of
the initial sentencing'' and inserting ``resentence the
defendant under subchapter A''; and
(2) by striking the last sentence.
(b) Mandatory Revocation.--Section 3565(b) of title 18,
United States Code, is amended to read as follows:
``(b) Mandatory Revocation for Possession of Controlled
Substance or Firearm or Refusal To Comply With Drug
Testing.--If the defendant--
``(1) possesses a controlled substance in violation of the
condition set forth in section 3563(a)(3);
``(2) possesses a firearm, as such term is defined in
section 921 of this title, in violation of Federal law, or
otherwise violates a condition of probation prohibiting the
defendant from possessing a firearm; or
``(3) refuses to comply with drug testing, thereby
violating the condition imposed by section 3563(a)(4),
the court shall revoke the sentence of probation and
resentence the defendant under subchapter A to a sentence
that includes a term of imprisonment.''.
SEC. 110507. INCREASED PENALTY FOR KNOWINGLY MAKING FALSE,
MATERIAL STATEMENT IN CONNECTION WITH THE
ACQUISITION OF A FIREARM FROM A LICENSED
DEALER.
Section 924(a) of title 18, United States Code, is
amended--
(1) in subsection (a)(1)(B) by striking ``(a)(6),''; and
(2) in subsection (a)(2) by inserting ``(a)(6),'' after
``subsections''.
SEC. 110508. POSSESSION OF EXPLOSIVES BY FELONS AND OTHERS.
Section 842(i) of title 18, United States Code, is amended
by inserting ``or possess'' after ``to receive''.
SEC. 110509. SUMMARY DESTRUCTION OF EXPLOSIVES SUBJECT TO
FORFEITURE.
Section 844(c) of title 18, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following new paragraphs:
``(2) Notwithstanding paragraph (1), in the case of the
seizure of any explosive materials for any offense for which
the materials would be subject to forfeiture in which it
would be impracticable or unsafe to remove the materials to a
place of storage or would be unsafe to store them, the
seizing officer may destroy the explosive materials
forthwith. Any destruction under this paragraph shall be in
the presence of at least 1 credible witness. The seizing
officer shall make a report of the seizure and take samples
as the Secretary may by regulation prescribe.
``(3) Within 60 days after any destruction made pursuant to
paragraph (2), the owner of (including any person having an
interest in) the property so destroyed may make application
to the Secretary for reimbursement of the value of the
property. If the claimant establishes to the satisfaction of
the Secretary that--
``(A) the property has not been used or involved in a
violation of law; or
``(B) any unlawful involvement or use of the property was
without the claimant's knowledge, consent, or willful
blindness,
the Secretary shall make an allowance to the claimant not
exceeding the value of the property destroyed.''.
SEC. 110510. ELIMINATION OF OUTMODED LANGUAGE RELATING TO
PAROLE.
(a) Section 924(e)(1) of Title 18.--Section 924(e)(1) of
title 18, United States Code, is amended by striking ``, and
such person shall not be eligible for parole with respect to
the sentence imposed under this subsection''.
(b) Section 924(c)(1) of Title 18.--Section 924(c)(1) of
title 18, United States Code, is amended by striking ``No
person sentenced under this subsection shall be eligible for
parole during the term of imprisonment imposed under this
subsection.''.
SEC. 10511. PROHIBITION AGAINST TRANSACTIONS INVOLVING STOLEN
FIREARMS WHICH HAVE MOVED IN INTERSTATE OR
FOREIGN COMMERCE.
Section 922(j) of title 18, United States Code, is amended
to read as follows:
``(j) It shall be unlawful for any person to receive,
possess, conceal, store, barter, sell, or dispose of any
stolen firearm or stolen ammunition, or pledge or accept as
security for a loan any stolen firearm or stolen ammunition,
which is moving as, which is a part of, which constitutes, or
which has been shipped or transported in, interstate or
foreign commerce, either before or after it was stolen,
knowing or having reasonable cause to believe that the
firearm or ammunition was stolen.''.
SEC. 110512. USING A FIREARM IN THE COMMISSION OF
COUNTERFEITING OR FORGERY.
Pursuant to its authority under section 994 of title 28,
United States Code, the United States Sentencing Commission
shall amend its sentencing guidelines to provide an
appropriate enhancement of the punishment for a defendant
convicted of a felony under chapter 25 of title 18, United
States Code, if the defendant used or carried a firearm (as
defined in section 921(a)(3) of title 18, United States Code)
during and in relation to the felony.
SEC. 110513. ENHANCED PENALTIES FOR FIREARMS POSSESSION BY
VIOLENT FELONS AND SERIOUS DRUG OFFENDERS.
Pursuant to its authority under section 994 of title 28,
United States Code, the United States Sentencing Commission
shall amend its sentencing guidelines to--
(1) appropriately enhance penalties in cases in which a
defendant convicted under section 922(g) of title 18, United
States Code, has 1 prior conviction by any court referred to
in section 922(g)(1) of title 18 for a violent felony (as
defined in section 924(e)(2)(B) of that title) or a serious
drug offense (as defined in section 924(e)(2)(A) of that
title); and
(2) appropriately enhance penalties in cases in which such
a defendant has 2 prior convictions for a violent felony (as
so defined) or a serious drug offense (as so defined).
SEC. 110514. RECEIPT OF FIREARMS BY NONRESIDENT.
Section 922(a) of title 18, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(9) for any person, other than a licensed importer,
licensed manufacturer, licensed dealer, or licensed
collector, who does not reside in any State to receive any
firearms unless such receipt is for lawful sporting
purposes.''.
SEC. 110515. THEFT OF FIREARMS OR EXPLOSIVES FROM LICENSEE.
(a) Firearms.--Section 924 of title 18, United States Code,
as amended by section 110504(a), is amended by adding at the
end the following new subsection:
``(l) A person who steals any firearm from a licensed
importer, licensed manufacturer, licensed dealer, or licensed
collector shall be fined under this title, imprisoned not
more than 10 years, or both.''.
(b) Explosives.--Section 844 of title 18, United States
Code, as amended by section 110204(b), is amended by adding
at the end the following new subsection:
``(l) A person who steals any explosive material from a
licensed importer, licensed manufacturer, or licensed dealer,
or from any permittee shall be fined under this title,
imprisoned not more than 10 years, or both.''.
SEC. 110516. DISPOSING OF EXPLOSIVES TO PROHIBITED PERSONS.
Section 842(d) of title 18, United States Code, is amended
by striking ``licensee'' and inserting ``person''.
SEC. 110517. INCREASED PENALTY FOR INTERSTATE GUN
TRAFFICKING.
Section 924 of title 18, United States Code, as amended by
section 110515(a), is amended by adding at the end the
following new subsection:
``(m) A person who, with the intent to engage in conduct
that constitutes a violation of section 922(a)(1)(A), travels
from any State or foreign country into any other State and
acquires, or attempts to acquire, a firearm in such other
State in furtherance of such purpose shall be imprisoned for
not more than 10 years.''.
SEC. 110518. FIREARMS AND EXPLOSIVES CONSPIRACY.
(a) Firearms.--Section 924 of title 18, United States Code,
as amended by section 110517(a), is amended by adding at the
end the following new subsection:
``(n) A person who conspires to commit an offense under
subsection (c) shall be imprisoned for not more than 20
years, fined under this title, or both; and if the firearm is
a machinegun or destructive device, or is
[[Page 1827]]
equipped with a firearm silencer or muffler, shall be
imprisoned for any term of years or life.''.
(b) Explosives.--Section 844 of title 18, United States
Code, as amended by section 110515(b), is amended by adding
at the end the following new subsection:
``(m) A person who conspires to commit an offense under
subsection (h) shall be imprisoned for any term of years not
exceeding 20, fined under this title, or both.
SEC. 110519. DEFINITION OF ARMOR PIERCING AMMUNITION.
Section 921(a)(17) of title 18, United States Code, is
amended by revising subparagraph (B) and adding a new
subparagraph (C) to read as follows:
``(B) The term `armor piercing ammunition' means--
``(i) a projectile or projectile core which may be used in
a handgun and which is constructed entirely (excluding the
presence of traces of other substances) from one or a
combination of tungsten alloys, steel, iron, brass, bronze,
beryllium copper, or depleted uranium; or
``(ii) a full jacketed projectile larger than .22 caliber
designed and intended for use in a handgun and whose jacket
has a weight of more than 25 percent of the total weight of
the projectile.
``(C) The term `armor piercing ammunition' does not include
shotgun shot required by Federal or State environmental or
game regulations for hunting purposes, a frangible projectile
designed for target shooting, a projectile which the
Secretary finds is primarily intended to be used for sporting
purposes, or any other projectile or projectile core which
the Secretary finds is intended to be used for industrial
purposes, including a charge used in an oil and gas well
perforating device.''.
TITLE XII--TERRORISM
SEC. 120001. EXTENSION OF THE STATUTE OF LIMITATION FOR
CERTAIN TERRORISM OFFENSES.
(a) In General.--Chapter 213 of title 18, United States
Code, is amended by inserting after section 3285 the
following new section:
``Sec. 3286. Extension of statute of limitation for certain
terrorism offenses
``Notwithstanding section 3282, no person shall be
prosecuted, tried, or punished for any offense involving a
violation of section 32 (aircraft destruction), section 36
(airport violence), section 112 (assaults upon diplomats),
section 351 (crimes against Congressmen or Cabinet officers),
section 1116 (crimes against diplomats), section 1203
(hostage taking), section 1361 (willful injury to government
property), section 1751 (crimes against the President),
section 2280 (maritime violence), section 2281 (maritime
platform violence), section 2331 (terrorist acts abroad
against United States nationals), section 2339 (use of
weapons of mass destruction), or section 2340A (torture) of
this title or section 46502, 46504, 46505, or 46506 of title
49, unless the indictment is found or the information is
instituted within 8 years after the offense was committed.''.
(b) Application of Amendment.--The amendment made by
subsection (a) shall not apply to any offense committed more
than 5 years prior to the date of enactment of this Act.
(c) Technical Amendment.--The chapter analysis for chapter
213 of title 18, United States Code, is amended by inserting
after the item relating to section 3285 the following new
item:
``3286. Extension of statute of limitation for certain terrorism
offenses.''.
SEC. 120002. JURISDICTION OVER CRIMES AGAINST UNITED STATES
NATIONALS ON CERTAIN FOREIGN SHIPS.
Section 7 of title 18, United States Code (relating to the
special maritime and territorial jurisdiction of the United
States), is amended by inserting at the end thereof the
following new paragraph:
``(8) To the extent permitted by international law, any
foreign vessel during a voyage having a scheduled departure
from or arrival in the United States with respect to an
offense committed by or against a national of the United
States.''.
SEC. 120003. COUNTERFEITING UNITED STATES CURRENCY ABROAD.
(a) In General.--Chapter 25 of title 18, United States
Code, is amended by adding before section 471 the following
new section:
``Sec. 470. Counterfeit acts committed outside the United
States
``A person who, outside the United States, engages in the
act of--
``(1) making, dealing, or possessing any counterfeit
obligation or other security of the United States; or
``(2) making, dealing, or possessing any plate, stone, or
other thing, or any part thereof, used to counterfeit such
obligation or security,
if such act would constitute a violation of section 471, 473,
or 474 if committed within the United States, shall be fined
under this title, imprisoned not more than 20 years, or
both.''.
(b) Technical Amendments.--
(1) Chapter analysis.--The chapter analysis for chapter 25
of title 18, United States Code, is amended by adding before
section 471 the following new item:
``470. Counterfeit acts committed outside the United States.''.
(2) Part analysis.--The part analysis for part I of title
18, United States Code, is amended by amending the item for
chapter 25 to read as follows:
``25. Counterfeiting and forgery.............................470''.....
SEC. 120004. SENTENCING GUIDELINES INCREASE FOR TERRORIST
CRIMES.
The United States Sentencing Commission is directed to
amend its sentencing guidelines to provide an appropriate
enhancement for any felony, whether committed within or
outside the United States, that involves or is intended to
promote international terrorism, unless such involvement or
intent is itself an element of the crime.
SEC. 120005. PROVIDING MATERIAL SUPPORT TO TERRORISTS.
(a) Offense.--Chapter 113A of title 18, United States Code,
is amended by adding the following new section:
``Sec. 2339A. Providing material support to terrorists
``(a) Definition.--In this section, `material support or
resources' means currency or other financial securities,
financial services, lodging, training, safehouses, false
documentation or identification, communications equipment,
facilities, weapons, lethal substances, explosives,
personnel, transportation, and other physical assets, but
does not include humanitarian assistance to persons not
directly involved in such violations.
``(b) Offense.--A person who, within the United States,
provides material support or resources or conceals or
disguises the nature, location, source, or ownership of
material support or resources, knowing or intending that they
are to be used in preparation for, or in carrying out, a
violation of section 32, 36, 351, 844 (f) or (i), 1114, 1116,
1203, 1361, 1363, 1751, 2280, 2281, 2331, or 2339 of this
title or section 46502 of title 49, or in preparation for or
carrying out the concealment of an escape from the commission
of any such violation, shall be fined under this title,
imprisoned not more than 10 years, or both.
``(c) Investigations.--
``(1) In general.--Within the United States, an
investigation may be initiated or continued under this
section only when facts reasonably indicate that--
``(A) in the case of an individual, the individual
knowingly or intentionally engages, has engaged, or is about
to engage in the violation of this or any other Federal
criminal law; and
``(B) in the case of a group of individuals, the group
knowingly or intentionally engages, has engaged, or is about
to engage in the violation of this or any other Federal
criminal law.
``(2) Activities protected by the first amendment.--An
investigation may not be initiated or continued under this
section based on activities protected by the First Amendment
to the Constitution, including expressions of support or the
provision of financial support for the nonviolent political,
religious, philosophical, or ideological goals or beliefs of
any person or group.''.
(b) Technical Amendment.--The chapter analysis for chapter
113A of title 18, United States Code, is amended by adding
the following new item:
``2339A. Providing material support to terrorists.''.
TITLE XIII--CRIMINAL ALIENS AND IMMIGRATION ENFORCEMENT
SEC. 130001. ENHANCEMENT OF PENALTIES FOR FAILING TO DEPART,
OR REENTERING, AFTER FINAL ORDER OF
DEPORTATION.
(a) Failure To Depart.--Section 242(e) of the Immigration
and Nationality Act (8 U.S.C. 1252(e)) is amended--
(1) by striking ``paragraph (2), (3), or (4) of'' the first
time it appears; and
(2) by striking ``shall be imprisoned not more than ten
years'' and inserting ``shall be imprisoned not more than
four years, or shall be imprisoned not more than ten years if
the alien is a member of any of the classes described in
paragraph (1)(E), (2), (3), or (4) of section 241(a).''.
(b) Reentry.--Section 276(b) of the Immigration and
Nationality Act (8 U.S.C. 1326(b)) is amended--
(1) in paragraph (1)--
(A) by inserting after ``commission of'' the following:
``three or more misdemeanors involving drugs, crimes against
the person, or both, or''; and
(B) by striking ``5'' and inserting ``10'';
(2) in paragraph (2), by striking ``15'' and inserting
``20''; and
(3) by adding at the end the following sentence:
``For the purposes of this subsection, the term `deportation'
includes any agreement in which an alien stipulates to
deportation during a criminal trial under either Federal or
State law.''.
SEC. 130002. CRIMINAL ALIEN TRACKING CENTER.
(a) Operation.--The Attorney General shall, under the
authority of section 242(a)(3)(A) of the Immigration and
Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a criminal
alien tracking center.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
(1) $3,400,000 for fiscal year 1996;
(2) $3,600,000 for fiscal year 1997;
(3) $3,700,000 for fiscal year 1998;
(4) $3,800,000 for fiscal year 1999; and
(5) $3,900,000 for fiscal year 2000.
SEC. 130003. ALIEN WITNESS COOPERATION AND COUNTERTERRORISM
INFORMATION.
(a) Establishment of New Nonimmigrant Classification.--
Section 101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)) is amended--
(1) by striking ``or'' at the end of subparagraph (Q),
(2) by striking the period at the end of subparagraph (R)
and inserting ``; or'', and
(3) by adding at the end the following new subparagraph:
[[Page 1828]]
``(S) subject to section 214(j), an alien--
``(i) who the Attorney General determines--
``(I) is in possession of critical reliable information
concerning a criminal organization or enterprise;
``(II) is willing to supply or has supplied such
information to Federal or State law enforcement authorities
or a Federal or State court; and
``(III) whose presence in the United States the Attorney
General determines is essential to the success of an
authorized criminal investigation or the successful
prosecution of an individual involved in the criminal
organization or enterprise; or
``(ii) who the Secretary of State and the Attorney General
jointly determine--
``(I) is in possession of critical reliable information
concerning a terrorist organization, enterprise, or
operation;
``(II) is willing to supply or has supplied such
information to Federal law enforcement authorities or a
Federal court;
``(III) will be or has been placed in danger as a result of
providing such information; and
``(IV) is eligible to receive a reward under section 36(a)
of the State Department Basic Authorities Act of 1956,
and, if the Attorney General (or with respect to clause (ii),
the Secretary of State and the Attorney General jointly)
considers it to be appropriate, the spouse, married and
unmarried sons and daughters, and parents of an alien
described in clause (i) or (ii) if accompanying, or following
to join, the alien.''.
(b) Conditions of Entry.--
(1) Waiver of grounds for exclusion.--Section 212(d) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)) is amended
by inserting at the beginning the following new paragraph:
``(1) The Attorney General shall determine whether a ground
for exclusion exists with respect to a nonimmigrant described
in section 101(a)(15)(S). The Attorney General, in the
Attorney General's discretion, may waive the application of
subsection (a) (other than paragraph (3)(E)) in the case of a
nonimmigrant described in section 101(a)(15)(S), if the
Attorney General considers it to be in the national interest
to do so. Nothing in this section shall be regarded as
prohibiting the Immigration and Naturalization Service from
instituting deportation proceedings against an alien admitted
as a nonimmigrant under section 101(a)(15)(S) for conduct
committed after the alien's admission into the United States,
or for conduct or a condition that was not disclosed to the
Attorney General prior to the alien's admission as a
nonimmigrant under section 101(a)(15)(S).''.
(2) Numerical limitations; period of admission; etc.--
Section 214 of the Immigration and Nationality Act (8 U.S.C.
1184) is amended by adding at the end the following new
subsection:
``(j)(1) The number of aliens who may be provided a visa as
nonimmigrants under section 101(a)(15)(S)(i) in any fiscal
year may not exceed 100. The number of aliens who may be
provided a visa as nonimmigrants under section
101(a)(15)(S)(ii) in any fiscal year may not exceed 25.
``(2) No alien may be admitted into the United States as
such a nonimmigrant more than 5 years after the date of the
enactment of this subsection.
``(3) The period of admission of an alien as such a
nonimmigrant may not exceed 3 years. Such period may not be
extended by the Attorney General.
``(4) As a condition for the admission, and continued stay
in lawful status, of such a nonimmigrant, the nonimmigrant--
``(A) shall report not less often than quarterly to the
Attorney General such information concerning the alien's
whereabouts and activities as the Attorney General may
require;
``(B) may not be convicted of any criminal offense
punishable by a term of imprisonment of 1 year or more after
the date of such admission;
``(C) must have executed a form that waives the
nonimmigrant's right to contest, other than on the basis of
an application for withholding of deportation, any action for
deportation of the alien instituted before the alien obtains
lawful permanent resident status; and
``(D) shall abide by any other condition, limitation, or
restriction imposed by the Attorney General.
``(5) The Attorney General shall submit a report annually
to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the
Senate concerning--
``(A) the number of such nonimmigrants admitted;
``(B) the number of successful criminal prosecutions or
investigations resulting from cooperation of such aliens;
``(C) the number of terrorist acts prevented or frustrated
resulting from cooperation of such aliens;
``(D) the number of such nonimmigrants whose admission or
cooperation has not resulted in successful criminal
prosecution or investigation or the prevention or frustration
of a terrorist act; and
``(E) the number of such nonimmigrants who have failed to
report quarterly (as required under paragraph (4)) or who
have been convicted of crimes in the United States after the
date of their admission as such a nonimmigrant.''.
(3) Prohibition of change of status.--Section 248(1) of the
Immigration and Naturalization Act (8 U.S.C. 1258(1)) is
amended by striking ``or (K)'' and inserting ``(K), or (S)''.
(c) Adjustment to Permanent Resident Status.--
(1) In general.--Section 245 of the Immigration and
Nationality Act (8 U.S.C. 1255) is amended by adding at the
end the following new subsection:
``(i)(1) If, in the opinion of the Attorney General--
``(A) a nonimmigrant admitted into the United States under
section 101(a)(15)(S)(i) has supplied information described
in subclause (I) of such section; and
``(B) the provision of such information has substantially
contributed to the success of an authorized criminal
investigation or the prosecution of an individual described
in subclause (III) of that section,
the Attorney General may adjust the status of the alien (and
the spouse, married and unmarried sons and daughters, and
parents of the alien if admitted under that section) to that
of an alien lawfully admitted for permanent residence if the
alien is not described in section 212(a)(3)(E).
``(2) If, in the sole discretion of the Attorney General--
``(A) a nonimmigrant admitted into the United States under
section 101(a)(15)(S)(ii) has supplied information described
in subclause (I) of such section, and
``(B) the provision of such information has substantially
contributed to--
``(i) the prevention or frustration of an act of terrorism
against a United States person or United States property, or
``(ii) the success of an authorized criminal investigation
of, or the prosecution of, an individual involved in such an
act of terrorism, and
``(C) the nonimmigrant has received a reward under section
36(a) of the State Department Basic Authorities Act of 1956,
the Attorney General may adjust the status of the alien (and
the spouse, married and unmarried sons and daughters, and
parents of the alien if admitted under such section) to that
of an alien lawfully admitted for permanent residence if the
alien is not described in section 212(a)(3)(E).
``(3) Upon the approval of adjustment of status under
paragraphs (1) or (2), the Attorney General shall record the
alien's lawful admission for permanent residence as of the
date of such approval and the Secretary of State shall reduce
by one the number of visas authorized to be issued under
sections 201(d) and 203(b)(4) for the fiscal year then
current.''.
(2) Exclusive means of adjustment.--Section 245(c) of the
Immigration and Nationality Act (8 U.S.C. 1255(c)) is amended
by striking ``or'' before ``(4)'' and by inserting before the
period at the end the following: ``; or (5) an alien who was
admitted as a nonimmigrant described in section
101(a)(15)(S)''.
(d) Extension of Period of Deportation for Conviction of a
Crime.--Section 241(a)(2)(A)(i)(I) of the Immigration and
Nationality Act (8 U.S.C. 1251(a)(2)(A)(i)(I)) is amended by
inserting ``(or 10 years in the case of an alien provided
lawful permanent resident status under section 245(i))''
after ``five years''.
SEC. 130004. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL
ALIENS WHO ARE NOT PERMANENT RESIDENTS.
(a) Elimination of Administrative Hearing for Certain
Criminal Aliens.--Section 242A of the Immigration and
Nationality Act (8 U.S.C. 1252a) is amended by adding at the
end the following new subsection:
``(b) Deportation of Aliens Who Are Not Permanent
Residents.--
``(1) The Attorney General may, in the case of an alien
described in paragraph (2), determine the deportability of
such alien under section 241(a)(2)(A)(iii) (relating to
conviction of an aggravated felony) and issue an order of
deportation pursuant to the procedures set forth in this
subsection or section 242(b).
``(2) An alien is described in this paragraph if the
alien--
``(A) was not lawfully admitted for permanent residence at
the time at which proceedings under this section commenced;
and
``(B) is not eligible for any relief from deportation under
this Act.
``(3) The Attorney General may not execute any order
described in paragraph (1) until 30 calendar days have passed
from the date that such order was issued, unless waived by
the alien, in order that the alien has an opportunity to
apply for judicial review under section 106.
``(4) Proceedings before the Attorney General under this
subsection shall be in accordance with such regulations as
the Attorney General shall prescribe. The Attorney General
shall provide that--
``(A) the alien is given reasonable notice of the charges
and of the opportunity described in subparagraph (C);
``(B) the alien shall have the privilege of being
represented (at no expense to the government) by such
counsel, authorized to practice in such proccedings, as the
alien shall choose;
``(C) the alien has a reasonable opportunity to inspect the
evidence and rebut the charges;
``(D) the determination of deportability is supported by
clear, convincing, and unequivocal evidence and a record is
maintained for judicial review; and
``(E) the final order of deportation is not entered by the
same person who issues the charges.''.
[[Page 1829]]
(b) Limited Judicial Review.--Section 106 of the
Immigration and Nationality Act (8 U.S.C. 1105a) is amended--
(1) in the first sentence of subsection (a), by inserting
``or pursuant to section 242A'' after ``under section
242(b)'';
(2) in subsection (a)(1) and subsection (a)(3), by
inserting ``(including an alien described in section 242A)''
after ``aggravated felony''; and
(3) by adding at the end the following new subsection:
``(d)(1) A petition for review or for habeas corpus on
behalf of an alien against whom a final order of deportation
has been issued pursuant to section 242A(b) may challenge
only--
``(A) whether the alien is in fact the alien described in
the order;
``(B) whether the alien is in fact an alien described in
section 242A(b)(2);
``(C) whether the alien has been convicted of an aggravated
felony and such conviction has become final; and
``(D) whether the alien was afforded the procedures
required by section 242A(b)(5).
``(2) No court shall have jurisdiction to review any issue
other than an issue described in paragraph (1).''.
(c) Technical Amendments.--Section 242A of the Immigration
and Nationality Act (8 U.S.C. 1252a) is amended--
(1) by amending the heading to read as follows:
``EXPEDITED DEPORTATION OF ALIENS CONVICTED OF COMMITTING AGGRAVATED
FELONIES'';
(2) in subsection (a), as designated prior to enactment of
this Act, by striking ``(a) In General.--'' and inserting the
following:
``(a) Deportation of Criminal Aliens.--
``(1) in general.--'';
(3) in subsection (b), as designated prior to enactment of
this Act, by striking ``(b) Implementation.--'' and inserting
``(2) Implementation.--'';
(4) by striking subsection (c);
(5) in subsection (d)--
(A) by striking ``(d) Expedited Proceedings.--(1)'' and
inserting ``(3) expedited proceedings.--(A)''; and
(B) by striking ``(2)'' and inserting ``(B)''; and
(6) in subsection (e)--
(A) by striking ``(e) Review.--(1)'' and inserting ``(4)
review.--(A)'';
(B) by striking the second sentence; and
(C) by striking ``(2)'' and inserting ``(B)''.
(d) Effective Date.--The amendments made by this section
shall apply to all aliens against whom deportation
proceedings are initiated after the date of enactment of this
Act.
SEC. 130005. EXPEDITIOUS DEPORTATION FOR DENIED ASYLUM
APPLICANTS.
(a) In General.--The Attorney General may provide for the
expeditious adjudication of asylum claims and the expeditious
deportation of asylum applicants whose applications have been
finally denied, unless the applicant remains in an otherwise
valid nonimmigrant status.
(b) Employment Authorization.--Section 208 of the
Immigration and Nationality Act (8 U.S.C. 1158) is amended by
adding at the end the following new subsection:
``(e) An applicant for asylum is not entitled to employment
authorization except as may be provided by regulation in the
discretion of the Attorney General.''.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
(1) $64,000,000 for fiscal year 1995;
(2) $90,000,000 for fiscal year 1996;
(3) $93,000,000 for fiscal year 1997; and
(4) $91,000,000 for fiscal year 1998.
SEC. 130006. IMPROVING BORDER CONTROLS.
(a) Authorization of Appropriations.--There are authorized
to be appropriated for the Immigration and Naturalization
Service to increase the resources for the Border Patrol, the
Inspections Program, and the Deportation Branch to apprehend
illegal aliens who attempt clandestine entry into the United
States or entry into the United States with fraudulent
documents or who remain in the country after their
nonimmigrant visas expire--
(1) $228,000,000 for fiscal year 1995;
(2) $185,000,000 for fiscal year 1996;
(3) $204,000,000 for fiscal year 1997;
(4) $58,000,000 for fiscal year 1998.
Of the sums authorized in this section, all necessary funds
shall, subject to the availability of appropriations, be
allocated to increase the number of agent positions (and
necessary support personnel positions) in the Border Patrol
by not less than 1,000 full-time equivalent positions in each
of fiscal years 1995, 1996, 1997, and 1998 beyond the number
funded as of October 1, 1994.
(b) Report.--By September 30, 1996 and September 30, 1998,
the Attorney General shall report to the Congress on the
programs described in this section. The report shall include
an evaluation of the programs, an outcome-based measurement
of performance, and an analysis of the cost effectiveness of
the additional resources provided under this Act.
SEC. 130007. EXPANDED SPECIAL DEPORTATION PROCEEDINGS.
(a) In General.--Subject to the availability of
appropriations, the Attorney General may expand the program
authorized by section 242A(d) and 242(i) of the Immigration
and Nationality Act to ensure that such aliens are
immediately deportable upon their release from incarceration.
(b) Detention and Removal of Criminal Aliens.--Subject to
the availability of appropriations, the Attorney General
may--
(1) construct or contract for the construction of 2
Immigration and Naturalization Service Processing Centers to
detain criminal aliens; and
(2) provide for the detention and removal of such aliens.
(c) Report.--By September 30, 1996, and September 30, 1998
the Attorney General shall report to the Congress on the
programs referred to in subsections (a) and (b). The report
shall include an evaluation of the programs, an outcome-based
measurement of performance, and an analysis of the cost
effectiveness of the additional resources provided under this
Act.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
(1) $55,000,000 for fiscal year 1995;
(2) $54,000,000 for fiscal year 1996;
(3) $49,000,000 for fiscal year 1997; and
(4) $2,000,000 for fiscal year 1998.
SEC. 130008. AUTHORITY TO ACCEPT CERTAIN ASSISTANCE.
(a) In General.--Subject to subsection (b) and
notwithstanding any other provision of law, the Attorney
General, in the discretion of the Attorney General, may
accept, hold, administer, and utilize gifts of property and
services (which may not include cash assistance) from State
and local governments for the purpose of assisting the
Immigration and Naturalization Service in the transportation
of deportable aliens who are arrested for misdemeanor or
felony crimes under State or Federal law and who are either
unlawfully within the United States or willing to submit to
voluntary departure under safeguards. Any property acquired
pursuant to this section shall be acquired in the name of the
United States.
(b) Limitation.--The Attorney General shall terminate or
rescind the exercise of the authority under subsection (a) if
the Attorney General determines that the exercise of such
authority has resulted in discrimination by law enforcement
officials on the basis of race, color, or national origin.
SEC. 130009. PASSPORT AND VISA OFFENSES PENALTIES
IMPROVEMENT.
(a) In General.--Chapter 75 of title 18, United States
Code, is amended--
(1) in section 1541 by striking ``not more than $500 or
imprisoned not more than one year'' and inserting ``under
this title, imprisoned not more than 10 years'';
(2) in each of sections 1542, 1543, and 1544 by striking
``not more than $2,000 or imprisoned not more than five
years'' and inserting ``under this title, imprisoned not more
than 10 years'';
(3) in section 1545 by striking ``not more than $2,000 or
imprisoned not more than three years'' and inserting ``under
this title, imprisoned not more than 10 years'';
(4) in section 1546(a) by striking ``five years'' and
inserting ``10 years'';
(5) in section 1546(b) by striking ``in accordance with
this title, or imprisoned not more than two years'' and
inserting ``under this title, imprisoned not more than 5
years''; and
(6) by adding at the end the following new section:
``Sec. 1547. Alternative imprisonment maximum for certain
offenses
``Notwithstanding any other provision of this title, the
maximum term of imprisonment that may be imposed for an
offense under this chapter (other than an offense under
section 1545)--
``(1) if committed to facilitate a drug trafficking crime
(as defined in 929(a)) is 15 years; and
``(2) if committed to facilitate an act of international
terrorism (as defined in section 2331) is 20 years.''.
(b) Technical Amendment.--The chapter analysis for chapter
75 of title 18, United States Code, is amended by adding at
the end the following new item:
``1547. Alternative imprisonment maximum for certain offenses.''.
SEC. 130010. ASYLUM.
(a) Findings.--The Senate finds that--
(1) in the last decade applications for asylum have greatly
exceeded the original 5,000 annual limit provided in the
Refugee Act of 1980, with more than 150,000 asylum
applications filed in fiscal year 1993, and the backlog of
cases growing to 340,000;
(2) this flood of asylum claims has swamped the system,
creating delays in the processing of applications of up to
several years;
(3) the delay in processing asylum claims due to the
overwhelming numbers has contributed to numerous problems,
including--
(A) an abuse of the asylum laws by fraudulent applicants
whose primary interest is obtaining work authority in the
United States while their claim languishes in the backlogged
asylum processing system;
(B) the growth of alien smuggling operations, often
involving organized crime;
(C) a drain on limited resources resulting from the high
cost of processing frivolous asylum claims through our
multilayered system; and
(D) an erosion of public support for asylum, which is a
treaty obligation.
(4) asylum, a safe haven protection for aliens abroad who
cannot return home, has been perverted by some aliens who use
asylum claims to circumvent our immigration and refugee laws
and procedures; and
(5) a comprehensive revision of our asylum law and
procedures is required to address these problems.
(b) Policy.--It is the sense of the Senate that--
[[Page 1830]]
(1) asylum is a process intended to protect aliens in the
United States who cannot safely return home;
(2) persons outside their country of nationality who have a
well-founded fear of persecution if they return should apply
for refugee status at one of our refugee processing offices
abroad; and
(3) the immigration, refugee and asylum laws of the United
States should be reformed to provide--
(A) a procedure for the expeditious exclusion of any asylum
applicant who arrives at a port-of-entry with fraudulent
documents, or no documents, and makes a noncredible claim of
asylum; and
(B) the immigration, refugee and asylum laws of the United
States should be reformed to provide for a streamlined
affirmative asylum processing system for asylum applicants
who make their application after they have entered the United
States.
TITLE XIV--YOUTH VIOLENCE
SEC. 140001. PROSECUTION AS ADULTS OF CERTAIN JUVENILES FOR
CRIMES OF VIOLENCE.
The 4th undesignated paragraph of section 5032 of title 18,
United States Code, is amended by striking ``; however'' and
inserting ``. In the application of the preceding sentence,
if the crime of violence is an offense under section 113(a),
113(b), 113(c), 1111, 1113, or, if the juvenile possessed a
firearm during the offense, section 2111, 2113, 2241(a), or
2241(c), `thirteen' shall be substituted for `fifteen' and
`thirteenth' shall be substituted for `fifteenth'.
Notwithstanding sections 1152 and 1153, no person subject to
the criminal jurisdiction of an Indian tribal government
shall be subject to the preceding sentence for any offense
the Federal jurisdiction for which is predicated solely on
Indian country (as defined in section 1151), and which has
occurred within the boundaries of such Indian country, unless
the governing body of the tribe has elected that the
preceding sentence have effect over land and persons subject
to its criminal jurisdiction. However''.
SEC. 140002. COMMENCEMENT OF JUVENILE PROCEEDING.
Section 5032 of title 18, United States Code, is amended by
striking ``Any proceedings against a juvenile under this
chapter or as an adult shall not be commenced until'' and
inserting ``A juvenile shall not be transferred to adult
prosecution nor shall a hearing be held under section 5037
(disposition after a finding of juvenile delinquency)
until''.
SEC. 140003. SEPARATION OF JUVENILE FROM ADULT OFFENDERS.
Section 5039 of title 18, United States Code, is amended by
inserting ``, whether pursuant to an adjudication of
delinquency or conviction for an offense,'' after
``committed'' the first place it appears.
SEC. 140004. BINDOVER SYSTEM FOR CERTAIN VIOLENT JUVENILES.
Section 501(b) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3751), as amended by
section 100003, is amended--
(1) by striking ``and'' at the end of paragraph (21);
(2) by striking the period at the end of paragraph (22) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(23) programs that address the need for effective
bindover systems for the prosecution of violent 16- and 17-
year-old juveniles in courts with jurisdiction over adults
for the crimes of--
``(A) murder in the first degree;
``(B) murder in the second degree;
``(C) attempted murder;
``(D) armed robbery when armed with a firearm;
``(E) aggravated battery or assault when armed with a
firearm;
``(F) criminal sexual penetration when armed with a
firearm; and
``(G) drive-by shootings as described in section 36 of
title 18, United States Code.''.
SEC. 140005. AMENDMENT CONCERNING RECORDS OF CRIMES COMMITTED
BY JUVENILES.
Section 5038 of title 18, United States Code, is amended in
subsection (f) by adding ``or whenever a juvenille has been
found guilty of committing an act after his 13th birthday
which if committed by an adult would be an offense described
in the second sentence of the fourth paragraph of section
5032 of this title,'' after ``title 21,''.
SEC. 140006. INCREASED PENALTIES FOR EMPLOYING CHILDREN TO
DISTRIBUTE DRUGS NEAR SCHOOLS AND PLAYGROUNDS.
Section 419 of the Controlled Substances Act (21 U.S.C.
860) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Notwithstanding any other law, any person at least 21
years of age who knowingly and intentionally--
``(1) employs, hires, uses, persuades, induces, entices, or
coerces a person under 18 years of age to violate this
section; or
``(2) employs, hires, uses, persuades, induces, entices, or
coerces a person under 18 years of age to assist in avoiding
detection or apprehension for any offense under this section
by any Federal, State, or local law enforcement official,
is punishable by a term of imprisonment, a fine, or both, up
to triple those authorized by section 401.''.
SEC. 140007. INCREASED PENALTIES FOR TRAVEL ACT CRIMES
INVOLVING VIOLENCE AND CONSPIRACY TO COMMIT
CONTRACT KILLINGS.
(a) Travel Act Penalties.--Section 1952(a) of title 18,
United States Code, is amended by striking ``and thereafter
performs or attempts to perform any of the acts specified in
subparagraphs (1), (2), and (3), shall be fined not more than
$10,000 or imprisoned for not more than five years, or
both.'' and inserting ``and thereafter performs or attempts
to perform--
``(A) an act described in paragraph (1) or (3) shall be
fined under this title, imprisoned not more than 5 years, or
both; or
``(B) an act described in paragraph (2) shall be fined
under this title, imprisoned for not more than 20 years, or
both, and if death results shall be imprisoned for any term
of years or for life.''.
(b) Murder Conspiracy Penalties.--Section 1958(a) of title
18, United States Code, is amended by inserting ``or who
conspires to do so'' before ``shall be fined'' the first
place it appears.
SEC. 140008. SOLICITATION OF MINOR TO COMMIT CRIME.
(a) Directive to Sentencing Commission.--(1) The United
States Sentencing Commission shall promulgate guidelines or
amend existing guidelines to provide that a defendant 21
years of age or older who has been convicted of an offense
shall receive an appropriate sentence enhancement if the
defendant involved a minor in the commission of the offense.
(2) The Commission shall provide that the guideline
enhancement promulgated pursuant to paragraph (1) shall apply
for any offense in relation to which the defendant has
solicited, procured, recruited, counseled, encouraged,
trained, directed, commanded, intimidated, or otherwise used
or attempted to use any person less than 18 years of age with
the intent that the minor would commit a Federal offense.
(b) Relevant Considerations.--In implementing the directive
in subsection (a), the Sentencing Commission shall consider--
(1) the severity of the crime that the defendant intended
the minor to commit;
(2) the number of minors that the defendant used or
attempted to use in relation to the offense;
(3) the fact that involving a minor in a crime of violence
is frequently of even greater seriousness than involving a
minor in a drug trafficking offense, for which the guidelines
already provide a two-level enhancement; and
(4) the possible relevance of the proximity in age between
the offender and the minor(s) involved in the offense.
TITLE XV--CRIMINAL STREET GANGS
SEC. 150001. CRIMINAL STREET GANGS.
(a) In General.--Part I of title 18, United States Code, is
amended by inserting after chapter 25 the following new
chapter:
``CHAPTER 26--CRIMINAL STREET GANGS
``Sec. 521. Criminal street gangs
``(a) Definitions.--
`` `conviction' includes a finding, under State or Federal
law, that a person has committed an act of juvenile
delinquency involving a violent or controlled substances
felony.
`` `criminal street gang' means an ongoing group, club,
organization, or association of 5 or more persons--
``(A) that has as 1 of its primary purposes the commission
of 1 or more of the criminal offenses described in subsection
(c);
``(B) the members of which engage, or have engaged within
the past 5 years, in a continuing series of offenses
described in subsection (c); and
``(C) the activities of which affect interstate or foreign
commerce.
``(b) Penalty.--The sentence of a person convicted of an
offense described in subsection (c) shall be increased by up
to 10 years if the offense is committed under the
circumstances described in subsection (d).
``(c) Offenses.--The offenses described in this section
are--
``(1) a Federal felony involving a controlled substance (as
defined in section 102 of the Controlled Substances Act (21
U.S.C. 802)) for which the maximum penalty is not less than 5
years;
``(2) a Federal felony crime of violence that has as an
element the use or attempted use of physical force against
the person of another; and
``(3) a conspiracy to commit an offense described in
paragraph (1) or (2).
``(d) Circumstances.--The circumstances described in this
section are that the offense described in subsection (c) was
committed by a person who--
``(1) participates in a criminal street gang with knowledge
that its members engage in or have engaged in a continuing
series of offenses described in subsection (c);
``(2) intends to promote or further the felonious
activities of the criminal street gang or maintain or
increase his or her position in the gang; and
``(3) has been convicted within the past 5 years for--
``(A) an offense described in subsection (c);
``(B) a State offense--
``(i) involving a controlled substance (as defined in
section 102 of the Controlled Substances Act (21 U.S.C. 802))
for which the maximum penalty is not less than 5 years'
imprisonment; or
``(ii) that is a felony crime of violence that has as an
element the use or attempted use of physical force against
the person of another;
``(C) any Federal or State felony offense that by its
nature involves a substantial risk that physical force
against the person of another may be used in the course of
committing the offense; or
``(D) a conspiracy to commit an offense described in
subparagraph (A), (B), or (C).''.
[[Page 1831]]
(b) Technical Amendment.--The part analysis for part I of
title 18, United States Code, is amended by inserting after
the item relating to chapter 25 the following new item:
``26. Criminal street gangs..................................521''.....
SEC. 150002. ADULT PROSECUTION OF SERIOUS JUVENILE OFFENDERS.
Section 5032 of title 18, United States Code, is amended--
(1) in the first undesignated paragraph by striking
``922(p)'' and inserting ``924(b), (g), or (h)'';
(2) in the fourth undesignated paragraph by inserting ``or
in section 924(b), (g), or (h) of this title,'' before
``criminal prosecution'' the first place it appears; and
(3) in the fifth undesignated paragraph by adding at the
end the following: ``In considering the nature of the
offense, as required by this paragraph, the court shall
consider the extent to which the juvenile played a leadership
role in an organization, or otherwise influenced other
persons to take part in criminal activities, involving the
use or distribution of controlled substances or firearms.
Such a factor, if found to exist, shall weigh in favor of a
transfer to adult status, but the absence of this factor
shall not preclude such a transfer.''.
SEC. 150003. ADDITION OF ANTI-GANG BYRNE GRANT FUNDING
OBJECTIVE.
Section 501(b) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3751(4)), as amended by
section 140004, is amended--
(1) by striking ``and'' at the end of paragraph (22);
(2) by striking the period at the end of paragraph (23) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(24) law enforcement and prevention programs relating to
gangs, or to youth who are involved or at risk of involvement
in gangs.''.
SEC. 150004. MENTORING PROGRAM.
Section 288C of part G of title II of the Juvenile Justice
and Delinquency Prevention Act of 1974 is amended to read as
follows:
``REGULATIONS AND GUIDELINES
``Sec. 288C. (a) Program Guidelines.--The Administrator
shall issue program guidelines to implement this part. The
program guidelines shall be effective only after a period for
public notice and comment.
``(b) Model Screening Guidelines.--The Administrator shall
develop and distribute to program participants specific model
guidelines for the screening of prospective program
mentors.''.
SEC. 150005. JUVENILE ANTI-DRUG AND ANTI-GANG GRANTS IN
FEDERALLY ASSISTED LOW-INCOME HOUSING.
Grants authorized in this Act to reduce or prevent juvenile
drug and gang-related activity in ``public housing'' may be
used for such purposes in federally assisted, low-income
housing.
SEC. 150006. GANG INVESTIGATION COORDINATION AND INFORMATION
COLLECTION.
(a) Coordination.--The Attorney General (or the Attorney
General's designee), in consultation with the Secretary of
the Treasury (or the Secretary's designee), shall develop a
national strategy to coordinate gang-related investigations
by Federal law enforcement agencies.
(b) Data Collection.--The Director of the Federal Bureau of
Investigation shall acquire and collect information on
incidents of gang violence for inclusion in an annual uniform
crime report.
(c) Report.--The Attorney General shall prepare a report on
national gang violence outlining the strategy developed under
subsection (a) to be submitted to the President and Congress
by January 1, 1996.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $1,000,000 for
fiscal year 1996.
SEC. 150007. MULTIJURISDICTIONAL GANG TASK FORCES.
Section 504(f) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended by inserting ``victims
assistance programs, or multijurisdictional gang task
forces'' after ``drug task forces''.
TITLE XVI--CHILD PORNOGRAPHY
SEC. 160001. PENALTIES FOR INTERNATIONAL TRAFFICKING IN CHILD
PORNOGRAPHY.
(a) Import Related Offense.--Chapter 110 of title 18,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2258. Production of sexually explicit depictions of a
minor for importation into the United States
``(a) Use of Minor.--A person who, outside the United
States, employs, uses, persuades, induces, entices, or
coerces any minor to engage in, or who has a minor assist any
other person to engage in, or who transports any minor with
the intent that the minor engage in any sexually explicit
conduct for the purpose of producing any visual depiction of
such conduct, intending that the visual depiction will be
imported into the United States or into waters within 12
miles of the coast of the United States, shall be punished as
provided in subsection (c).
``(b) Use of Visual Depiction.--A person who, outside the
United States, knowingly receives, transports, ships,
distributes, sells, or possesses with intent to transport,
ship, sell, or distribute any visual depiction of a minor
engaging in sexually explicit conduct (if the production of
the visual depiction involved the use of a minor engaging in
sexually explicit conduct), intending that the visual
depiction will be imported into the United States or into
waters within a distance of 12 miles of the coast of the
United States, shall be punished as provided in subsection
(c).
``(c) Penalties.--A person who violates subsection (a) or
(b), or conspires or attempts to do so--
``(1) shall be fined under this title, imprisoned not more
than 10 years, or both; and
``(2) if the person has a prior conviction under this
chapter or chapter 109A, shall be fined under this title,
imprisoned not more than 20 years, or both.''.
(b) Technical Amendment.--
(1) Chapter analysis.--The chapter analysis for chapter 110
of title 18, United States Code, is amended by adding at the
end the following new item:
``2258. Production of sexually explicit depictions of a minor for
importation into the United States.''.
(2) Fine provisions.--Section 2251(d) of title 18, United
States Code, is amended--
(A) by striking ``not more than $100,000, or'' and
inserting ``under this title,'';
(B) by striking ``not more than $200,000, or'' and
inserting ``under this title,''; and
(C) by striking ``not more than $250,000'' and inserting
``under this title''.
(c) Section 2251 Penalty Enhancement.--Section 2251(d) of
title 18, United States Code, is amended by striking ``this
section'' the second place it appears and inserting ``this
chapter or chapter 109A''.
(d) Section 2252 Penalty Enhancement.--Section 2252(b)(1)
of title 18, United States Code, is amended by striking
``this section'' and inserting ``this chapter or chapter
109A''.
(e) Conspiracy and Attempt.--Sections 2251(d) and 2252(b)
of title 18, United States Code, are each amended by
inserting ``, or attempts or conspires to violate,'' after
``violates'' each place it appears.
(f) RICO Amendment.--Section 1961(l) of title 18, United
States Code, is amended by striking ``2251-2252'' and
inserting ``2251, 2251A, 2252, and 2258''.
(g) Transportation of Minors.--Section 2423 of title 18,
United States Code, is amended--
(1) by striking ``(a) Whoever'' and inserting ``(a)
Transportation With Intent To Engage in Criminal Sexual
Activity.--A person who''; and
(2) by adding at the end the following new subsection:
``(b) Travel With Intent To Engage in Sexual Act With a
Juvenile.--A person who travels in interstate commerce, or
conspires to do so, or a United States citizen or an alien
admitted for permanent residence in the United States who
travels in foreign commerce, or conspires to do so, for the
purpose of engaging in any sexual act (as defined in section
2245) with a person under 18 years of age that would be in
violation of chapter 109A if the sexual act occurred in the
special maritime and territorial jurisdiction of the United
States shall be fined under this title, imprisoned not more
than 10 years, or both.''.
SEC. 160002. SENSE OF CONGRESS CONCERNING STATE LEGISLATION
REGARDING CHILD PORNOGRAPHY.
It is the sense of the Congress that each State that has
not yet done so should enact legislation prohibiting the
production, distribution, receipt, or simple possession of
materials depicting a person under 18 years of age engaging
in sexually explicit conduct (as defined in section 2256 of
title 18, United States Code) and providing for a maximum
imprisonment of at least 1 year and for the forfeiture of
assets used in the commission or support of, or gained from,
such offenses.
SEC. 160003. CONFIRMATION OF INTENT OF CONGRESS IN ENACTING
SECTIONS 2252 AND 2256 OF TITLE 18, UNITED
STATES CODE.
(a) Declaration.--The Congress declares that in enacting
sections 2252 and 2256 of title 18, United States Code, it
was and is the intent of Congress that--
(1) the scope of ``exhibition of the genitals or pubic
area'' in section 2256(2)(E), in the definition of ``sexually
explicit conduct'', is not limited to nude exhibitions or
exhibitions in which the outlines of those areas were
discernible through clothing; and
(2) the requirements in section 2252(a) (1)(A), (2)(A),
(3)(B)(i), and (4)(B)(i) that the production of a visual
depiction involve the use of a minor engaging in ``sexually
explicit conduct'' of the kind described in section
2256(2)(E) are satisfied if a person photographs a minor in
such a way as to exhibit the child in a lascivious manner.
(b) Sense of the Congress.--It is the sense of the Congress
that in filing its brief in United States v. Knox, No. 92-
1183, and thereby depriving the United States Supreme Court
of the adverseness necessary for full and fair presentation
of the issues arising in the case, the Department of Justice
did not accurately reflect the intent of Congress in arguing
that ``the videotapes in [the Knox case] constitute
`lascivious exhibition[s] of the genitals or pubic area' only
if those body parts are visible in the tapes and the minors
posed or acted lasciviously.''.
TITLE XVII--CRIMES AGAINST CHILDREN
Subtitle A--Jacob Wetterling Crimes Against Children and Sexually
Violent Offender Registration Act
SEC. 170101. ESTABLISHMENT OF PROGRAM.
(a) In General.--
(1) State guidelines.--The Attorney General shall establish
guidelines for State programs that require--
(A) a person who is convicted of a criminal offense against
a victim who is a minor or
[[Page 1832]]
who is convicted of a sexually violent offense to register a
current address with a designated State law enforcement
agency for the time period specified in subparagraph (A) of
subsection (b)(6); and
(B) a person who is a sexually violent predator to register
a current address with a designated State law enforcement
agency unless such requirement is terminated under
subparagraph (B) of subsection (b)(6).
(2) Court determination.--A determination that a person is
a sexually violent predator and a determination that a person
is no longer a sexually violent predator shall be made by the
sentencing court after receiving a report by a State board
composed of experts in the field of the behavior and
treatment of sexual offenders.
(3) Definitions.--For purposes of this section:
(A) The term ``criminal offense against a victim who is a
minor'' means any criminal offense that consists of--
(i) kidnapping of a minor, except by a parent;
(ii) false imprisonment of a minor, except by a parent;
(iii) criminal sexual conduct toward a minor;
(iv) solicitation of a minor to engage in sexual conduct;
(v) use of a minor in a sexual performance;
(vi) solicitation of a minor to practice prostitution;
(vii) any conduct that by its nature is a sexual offense
against a minor; or
(viii) an attempt to commit an offense described in any of
clauses (i) through (vii), if the State--
(I) makes such an attempt a criminal offense; and
(II) chooses to include such an offense in those which are
criminal offenses against a victim who is a minor for the
purposes of this section.
For purposes of this subparagraph conduct which is criminal
only because of the age of the victim shall not be considered
a criminal offense if the perpetrator is 18 years of age or
younger.
(B) The term ``sexually violent offense'' means any
criminal offense that consists of aggravated sexual abuse or
sexual abuse (as described in sections 2241 and 2242 of title
18, United States Code, or as described in the State criminal
code) or an offense that has as its elements engaging in
physical contact with another person with intent to commit
aggravated sexual abuse or sexual abuse (as described in such
sections of title 18, United States Code, or as described in
the State criminal code).
(C) The term ``sexually violent predator'' means a person
who has been convicted of a sexually violent offense and who
suffers from a mental abnormality or personality disorder
that makes the person likely to engage in predatory sexually
violent offenses.
(D) The term ``mental abnormality'' means a congenital or
acquired condition of a person that affects the emotional or
volitional capacity of the person in a manner that
predisposes that person to the commission of criminal sexual
acts to a degree that makes the person a menace to the health
and safety of other persons.
(E) The term ``predatory'' means an act directed at a
stranger, or a person with whom a relationship has been
established or promoted for the primary purpose of
victimization.
(b) Registration Requirement Upon Release, Parole,
Supervised Release, or Probation.--An approved State
registration program established under this section shall
contain the following elements:
(1) Duty of state prison official or court.--
(A) If a person who is required to register under this
section is released from prison, or placed on parole,
supervised release, or probation, a State prison officer, or
in the case of probation, the court, shall--
(i) inform the person of the duty to register and obtain
the information required for such registration;
(ii) inform the person that if the person changes residence
address, the person shall give the new address to a
designated State law enforcement agency in writing within 10
days;
(iii) inform the person that if the person changes
residence to another State, the person shall register the new
address with the law enforcement agency with whom the person
last registered, and the person is also required to register
with a designated law enforcement agency in the new State not
later than 10 days after establishing residence in the new
State, if the new State has a registration requirement;
(iv) obtain fingerprints and a photograph of the person if
these have not already been obtained in connection with the
offense that triggers registration; and
(v) require the person to read and sign a form stating that
the duty of the person to register under this section has
been explained.
(B) In addition to the requirements of subparagraph (A),
for a person required to register under subparagraph (B) of
subsection (a)(1), the State prison officer or the court, as
the case may be, shall obtain the name of the person,
identifying factors, anticipated future residence, offense
history, and documentation of any treatment received for the
mental abnormality or personality disorder of the person.
(2) Transfer of information to state and the fbi.--The
officer, or in the case of a person placed on probation, the
court, shall, within 3 days after receipt of information
described in paragraph (1), forward it to a designated State
law enforcement agency. The State law enforcement agency
shall immediately enter the information into the appropriate
State law enforcement record system and notify the
appropriate law enforcement agency having jurisdiction where
the person expects to reside. The State law enforcement
agency shall also immediately transmit the conviction data
and fingerprints to the Federal Bureau of Investigation.
(3) Verification.--
(A) For a person required to register under subparagraph
(A) of subsection (a)(1), on each anniversary of the person's
initial registration date during the period in which the
person is required to register under this section the
following applies:
(i) The designated State law enforcement agency shall mail
a nonforwardable verification form to the last reported
address of the person.
(ii) The person shall mail the verification form to the
designated State law enforcement agency within 10 days after
receipt of the form.
(iii) The verification form shall be signed by the person,
and state that the person still resides at the address last
reported to the designated State law enforcement agency.
(iv) If the person fails to mail the verification form to
the designated State law enforcement agency within 10 days
after receipt of the form, the person shall be in violation
of this section unless the person proves that the person has
not changed the residence address.
(B) The provisions of subparagraph (A) shall be applied to
a person required to register under subparagraph (B) of
subsection (a)(1), except that such person must verify the
registration every 90 days after the date of the initial
release or commencement of parole.
(4) Notification of local law enforcement agencies of
changes in address.--A change of address by a person required
to register under this section reported to the designated
State law enforcement agency shall be immediately reported to
the appropriate law enforcement agency having jurisdiction
where the person is residing. The designated law enforcement
agency shall, if the person changes residence to another
State, notify the law enforcement agency with which the
person must register in the new State, if the new State has a
registration requirement.
(5) Registration for change of address to another state.--A
person who has been convicted of an offense which requires
registration under this section shall register the new
address with a designated law enforcement agency in another
State to which the person moves not later than 10 days after
such person establishes residence in the new State, if the
new State has a registration requirement.
(6) Length of registration.--
(A) A person required to register under subparagraph (A) of
subsection (a)(1) shall continue to comply with this section
until 10 years have elapsed since the person was released
from prison, placed on parole, supervised release, or
probation.
(B) The requirement of a person to register under
subparagraph (B) of subsection (a)(1) shall terminate upon a
determination, made in accordance with paragraph (2) of
subsection (a), that the person no longer suffers from a
mental abnormality or personality disorder that would make
the person likely to engage in a predatory sexually violent
offense.
(c) Penalty.--A person required to register under a State
program established pursuant to this section who knowingly
fails to so register and keep such registration current shall
be subject to criminal penalties in any State in which the
person has so failed. 34
(d) Release of Information.--The information collected
under a State registration program shall be treated as
private data except that--
(1) such information may be disclosed to law enforcement
agencies for law enforcement purposes;
(2) such information may be disclosed to government
agencies conducting confidential background checks; and
(3) the designated State law enforcement agency and any
local law enforcement agency authorized by the State agency
may release relevant information that is necessary to protect
the public concerning a specific person required to register
under this section, except that the identity of a victim of
an offense that requires registration under this section
shall not be released.
(e) Immunity for Good Faith Conduct.--Law enforcement
agencies, employees of law enforcement agencies, and State
officials shall be immune from liability for good faith
conduct under this section.
(f) Compliance.--
(1) Compliance date.--Subject to paragraph (2), each State
shall have not more than 3 years from the date of enactment
of this Act in which to implement this section, except that
the Attorney General may grant an additional 2 years to a
State that is making good faith efforts to implement this
section.
(2) Ineligibility for funds.--
(A) A State that fails to implement the program as
described in this section shall not receive 10 percent of the
funds that would otherwise be allocated to the State under
section 506 of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3765).
(B) Reallocation of funds.--Any funds that are not
allocated for failure to comply
[[Page 1833]]
with this section shall be reallocated to States that comply
with this section.
Subtitle B--Assaults Against Children
SEC. 170201. ASSAULTS AGAINST CHILDREN.
(a) Simple Assault.--Section 113(e) of title 18, United
States Code, is amended by inserting ``, or if the victim of
the assault is an individual who has not attained the age of
16 years, by fine under this title or imprisonment for not
more than 1 year, or both'' before the period.
(b) Assaults Resulting in Substantial Bodily Injury.--
Section 113 of title 18, United States Code, is amended by
adding at the end the following:
``(7) Assault resulting in substantial bodily injury to an
individual who has not attained the age of 16 years, by fine
under this title or imprisonment for not more than 5 years,
or both.''.
(c) Technical and Stylistic Changes to Section 113.--
Section 113 of title 18, United States Code, is amended--
(1) in paragraph (b), by striking ``of not more than
$3,000'' and inserting ``under this title'';
(2) in paragraph (c), by striking ``of not more than
$1,000'' and inserting ``under this title'';
(3) in paragraph (d), by striking ``of not more than $500''
and inserting ``under this title'';
(4) by modifying the left margin of each of paragraphs (a)
through (f) so that they are indented 2 ems;
(5) by redesignating paragraphs (a) through (f) as
paragraphs (1) through (6); and
(6) by inserting ``(a)'' before ``Whoever''.
(d) Definitions.--Section 113 of title 18, United States
Code, is amended by adding at the end the following:
``(b) As used in this subsection--
``(1) the term `substantial bodily injury' means bodily
injury which involves--
``(A) a temporary but substantial disfigurement; or
``(B) a temporary but substantial loss or impairment of the
function of any bodily member, organ, or mental faculty; and
``(2) the term `serious bodily injury' has the meaning
given that term in section 1365 of this title.''.
(e) Assaults in Indian Country.--Section 1153(a) of title
18, United States Code, is amended by inserting ``(as defined
in section 1365 of this title), an assault against an
individual who has not attained the age of 16 years'' after
``serious bodily injury''.
Subtitle C--Missing and Exploited Children
SEC. 170301. SHORT TITLE.
This subtitle may be cited as the ``Morgan P. Hardiman Task
Force on Missing and Exploited Children Act''.
SEC. 170302. PURPOSE.
The purpose of this subtitle is to establish a task force
comprised of law enforcement officers from pertinent Federal
agencies to work with the National Center for Missing and
Exploited Children (referred to as the ``Center'') and
coordinate the provision of Federal law enforcement resources
to assist State and local authorities in investigating the
most difficult cases of missing and exploited children.
SEC. 170303. ESTABLISHMENT OF TASK FORCE.
Title IV of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5771 et seq.) is amended--
(1) by redesignating sections 407 and 408 as sections 408
and 409, respectively; and
(2) by inserting after section 406 the following new
section:
``task force
``Sec. 407. (a) Establishment.--There is established a
Missing and Exploited Children's Task Force (referred to as
the ``Task Force'').
``(b) Membership.--
``(1) In general.--The Task Force shall include at least 2
members from each of--
``(A) the Federal Bureau of Investigation;
``(B) the Secret Service;
``(C) the Bureau of Alcohol, Tobacco and Firearms;
``(D) the United States Customs Service;
``(E) the Postal Inspection Service;
``(F) the United States Marshals Service; and
``(G) the Drug Enforcement Administration.
``(2) Chief.--A representative of the Federal Bureau of
Investigation (in addition to the members of the Task Force
selected under paragraph (1)(A)) shall act as chief of the
Task Force.
``(3) Selection.--(A) The Director of the Federal Bureau of
Investigation shall select the chief of the Task Force.
``(B) The heads of the agencies described in paragraph (1)
shall submit to the chief of the Task Force a list of at
least 5 prospective Task Force members, and the chief shall
select 2, or such greater number as may be agreeable to an
agency head, as Task Force members.
``(4) Professional qualifications.--The members of the Task
Force shall be law enforcement personnel selected for their
expertise that would enable them to assist in the
investigation of cases of missing and exploited children.
``(5) Status.--A member of the Task Force shall remain an
employee of his or her respective agency for all purposes
(including the purpose of performance review), and his or her
service on the Task Force shall be without interruption or
loss of civil service privilege or status and shall be on a
nonreimbursable basis.
``(6) Period of service.--(A) Subject to subparagraph (B),
1 member from each agency shall initially serve a 1-year
term, and the other member from the same agency shall serve a
1-year term, and may be selected to a renewal of service for
1 additional year; thereafter, each new member to serve on
the Task Force shall serve for a 2-year period with the
member's term of service beginning and ending in alternate
years with the other member from the same agency; the period
of service for the chief of the Task Force shall be 3 years.
``(B) The chief of the Task Force may at any time request
the head of an agency described in paragraph (1) to submit a
list of 5 prospective Task Force members to replace a member
of the Task Force, for the purpose of maintaining a Task
Force membership that will be able to meet the demands of its
caseload.
``(c) Support.--
``(1) In general.--The Administrator of the General
Services Administration, in coordination with the heads of
the agencies described in subsection (b)(1), shall provide
the Task Force office space and administrative and support
services, such office space to be in close proximity to the
office of the Center, so as to enable the Task Force to
coordinate its activities with that of the Center on a day-
to-day basis.
``(2) Legal guidance.--The Attorney General shall assign an
attorney to provide legal guidance, as needed, to members of
the Task Force.
``(d) Purpose.--
``(1) In general.--The purpose of the Task Force shall be
to make available the combined resources and expertise of the
agencies described in paragraph (1) to assist State and local
governments in the most difficult missing and exploited child
cases nationwide, as identified by the chief of the Task
Force from time to time, in consultation with the Center, and
as many additional cases as resources permit, including the
provision of assistance to State and local investigators on
location in the field.
``(2) Technical assistance.--The role of the Task Force in
any investigation shall be to provide advice and technical
assistance and to make available the resources of the
agencies described in subsection (b)(1); the Task Force shall
not take a leadership role in any such investigation.
``(e) Cross-Designation of Task Force Members.--The
Attorney General may cross-designate the members of the Task
Force with jurisdiction to enforce Federal law related to
child abduction to the extent necessary to accomplish the
purposes of this section.''.
TITLE XVIII--RURAL CRIME
Subtitle A--Drug Trafficking in Rural Areas
SEC. 180101. AUTHORIZATIONS FOR RURAL LAW ENFORCEMENT
AGENCIES.
(a) Authorization of Appropriations.--Section 1001(a)(9) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 is amended to read as follows:
``(9) There are authorized to be appropriated to carry out
part O--
``(A) $24,000,000 for fiscal year 1996;
``(B) $40,000,000 for fiscal year 1997;
``(C) $50,000,000 for fiscal year 1998;
``(D) $60,000,000 for fiscal year 1999; and
``(E) $66,000,000 for fiscal year 2000.''.
(b) Amendment to Base Allocation.--Section 1501(a)(2)(A) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 is amended by striking ``$100,000'' and inserting
``$250,000''.
(c) Clarification.--Section 1501(b) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
Sec. 3796bb(b)) is amended by inserting ``, based on the
decennial census of 1990 through fiscal year 1997'' before
the period.
SEC. 180102. RURAL CRIME AND DRUG ENFORCEMENT TASK FORCES.
(a) Establishment.--The Attorney General, in consultation
with the Governors, mayors, and chief executive officers of
State and local law enforcement agencies, may establish a
Rural Crime and Drug Enforcement Task Force in judicial
districts that encompass significant rural lands. Assets
seized as a result of investigations initiated by a Rural
Crime and Drug Enforcement Task Force and forfeited under
Federal law shall be used, consistent with the guidelines on
equitable sharing established by the Attorney General and of
the Secretary of the Treasury, primarily to enhance the
operations of the task force and its participating State and
local law enforcement agencies.
(b) Task Force Membership.--The Task Forces established
under subsection (a) shall be carried out under policies and
procedures established by the Attorney General. The Attorney
General may deputize State and local law enforcement officers
and may cross-designate up to 100 Federal law enforcement
officers, when necessary to undertake investigations pursuant
to section 503(a) of the Controlled Substances Act (21 U.S.C.
873(a)) or offenses punishable by a term of imprisonment of
10 years or more under title 18, United States Code. The task
forces--
(1) shall include representatives from--
(A) State and local law enforcement agencies;
(B) the office of the United States Attorney for the
judicial district; and
(C) the Federal Bureau of Investigation, the Drug
Enforcement Administration, the Immigration and
Naturalization Service, and the United States Marshals
Service; and
(2) may include representatives of other Federal law
enforcement agencies, such as the United States Customs
Service, United States Park Police, United States Forest
Service, Bureau of Alcohol, Tobacco, and Firearms, and Bureau
of Land Management.
[[Page 1834]]
SEC. 180103. RURAL DRUG ENFORCEMENT TRAINING.
(a) Specialized Training for Rural Officers.--The Director
of the Federal Law Enforcement Training Center shall develop
a specialized course of instruction devoted to training law
enforcement officers from rural agencies in the investigation
of drug trafficking and related crimes.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to carry out subsection (a)--
(1) $1,000,000 for fiscal year 1996;
(2) $1,000,000 for fiscal year 1997;
(3) $1,000,000 for fiscal year 1998;
(4) $1,000,000 for fiscal year 1999; and
(5) $1,000,000 for fiscal year 2000.
SEC. 180104. MORE AGENTS FOR THE DRUG ENFORCEMENT
ADMINISTRATION.
There are authorized to be appropriated for the hiring of
additional Drug Enforcement Administration agents--
(1) $12,000,000 for fiscal year 1996;
(2) $20,000,000 for fiscal year 1997;
(3) $30,000,000 for fiscal year 1998;
(4) $40,000,000 for fiscal year 1999; and
(5) $48,000,000 for fiscal year 2000.
Subtitle B--Drug Free Truck Stops and Safety Rest Areas
SEC. 180201. DRUG FREE TRUCK STOPS AND SAFETY REST AREAS.
(a) Short Title.--This section may be cited as the ``Drug
Free Truck Stop Act''.
(b) Amendment to Controlled Substances Act.--
(1) In general.--Part D of the Controlled Substances Act
(21 U.S.C. 801 et seq.) is amended by inserting after section
408 the following new section:
``transportation safety offenses
``Sec. 409. (a) Definitions.--In this section--
`` `safety rest area' means a roadside facility with
parking facilities for the rest or other needs of motorists.
`` `truck stop' means a facility (including any parking lot
appurtenant thereto) that--
``(A) has the capacity to provide fuel or service, or both,
to any commercial motor vehicle (as defined in section 31301
of title 49, United States Code), operating in commerce (as
defined in that section); and
``(B) is located within 2,500 feet of the National System
of Interstate and Defense Highways or the Federal-Aid Primary
System.
``(b) First Offense.--A person who violates section
401(a)(1) or section 416 by distributing or possessing with
intent to distribute a controlled substance in or on, or
within 1,000 feet of, a truck stop or safety rest area is
(except as provided in subsection (b)) subject to--
``(1) twice the maximum punishment authorized by section
401(b); and
``(2) twice any term of supervised release authorized by
section 401(b) for a first offense.
``(c) Subsequent Offense.--A person who violates section
401(a)(1) or section 416 by distributing or possessing with
intent to distribute a controlled substance in or on, or
within 1,000 feet of, a truck stop or a safety rest area
after a prior conviction or convictions under subsection (a)
have become final is subject to--
``(1) 3 times the maximum punishment authorized by section
401(b); and
``(2) 3 times any term of supervised release authorized by
section 401(b) for a first offense.''.
(2) Technical amendments.--
(A) Cross reference.--Section 401(b) of the Controlled
Substances Act (21 U.S.C. 841(b)) is amended by inserting
``409,'' before ``418,'' each place it appears.
(B) Table of contents.--The table of contents of the
Comprehensive Drug Abuse Prevention and Control Act of 1970
is amended by striking the item relating to section 409 and
inserting the following new item:
``Sec. 409. Transportation safety offenses.''.
(c) Sentencing Guidelines.--Pursuant to its authority under
section 994 of title 28, United States Code, and section 21
of the Sentencing Act of 1987 (28 U.S.C. 994 note), the
United States Sentencing Commission shall promulgate
guidelines, or shall amend existing guidelines, to provide an
appropriate enhancement of punishment for a defendant
convicted of violating section 409 of the Controlled
Substances Act, as added by subsection (b).
Subtitle C--Sense of Congress Regarding Funding for Rural Areas
SEC. 180301. FUNDING FOR RURAL AREAS.
It is the sense of Congress that--
(1) the Attorney General should ensure that funding for
programs authorized by the provisions of this Act and
amendments made by this Act is distributed in such a manner
that rural areas continue to receive comparable support for
their broad-based crime fighting initiatives;
(2) rural communities should not receive less funding than
they received in fiscal year 1994 for anti-crime initiatives
as a result of any legislative or administrative actions; and
(3) to the maximum extent possible, funding for the Edward
Byrne Memorial State and Local Law Enforcement Assistance
Program should be maintained at its fiscal year 1994 level.
TITLE XIX--FEDERAL LAW ENFORCEMENT
SEC. 190001. FEDERAL JUDICIARY AND FEDERAL LAW ENFORCEMENT.
(a) Authorization of Additional Appropriations for the
Federal Judiciary.--
Federal judiciary.--There are authorized to be appropriated
for the activities of the Federal Judiciary to help meet the
increased demands for judicial activities, including
supervised release, pre-trial and probation services, that
will result from enactment into law of this Act--
(A) $30,000,000 for fiscal year 1996;
(B) $35,000,000 for fiscal year 1997;
(C) $40,000,000 for fiscal year 1998;
(D) $40,000,000 for fiscal year 1999; and
(E) $55,000,000 for fiscal year 2000.
(b) Authorization of Additional Appropriations for the
Department of Justice.--There is authorized to be
appropriated for the activities and agencies of the
Department of Justice, in addition to sums authorized
elsewhere in this section, to help meet the increased demands
for Department of Justice activities that will result from
enactment into law of this Act--
(A) $40,000,000 for fiscal year 1996;
(B) $40,000,000 for fiscal year 1997;
(C) $40,000,000 for fiscal year 1998;
(D) $40,000,000 for fiscal year 1999; and
(E) $39,000,000 for fiscal year 2000.
(c) Authorization of Additional Appropriations for the
Federal Bureau of Investigation.--There is authorized to be
appropriated for the activities of the Federal Bureau of
Investigation, to help meet the increased demands for Federal
Bureau of Investigation activities that will result from
enactment into law of this Act--
(A) $35,000,000 for fiscal year 1996;
(B) $40,000,000 for fiscal year 1997;
(C) $50,000,000 for fiscal year 1998;
(D) $60,000,000 for fiscal year 1999; and
(E) $60,000,000 for fiscal year 2000.
(d) Authorization of Additional Appropriations for United
States Attorneys.--There is authorized to be appropriated for
the account Department of Justice, Legal Activities,
``Salaries and expenses, United States Attorneys'', to help
meet the increased demands for litigation and related
activities which will result from enactment into law of this
Act--
(A) $5,000,000 for fiscal year 1996;
(B) $8,000,000 for fiscal year 1997;
(C) $10,000,000 for fiscal year 1998;
(D) $12,000,000 for fiscal year 1999; and
(E) $15,000,000 for fiscal year 2000.
(e) Authorization of Additional Appropriations for the
Department of the Treasury.--There is authorized to be
appropriated for the activities of the Bureau of Alcohol,
Tobacco, and Firearms, the United States Customs Service, the
Financial Crimes Enforcement Network, the Federal Law
Enforcement Training Center, the Criminal Investigation
Division of the Internal Revenue Service, and the United
States Secret Service to help meet the increased demands for
Department of the Treasury activities that will result from
enactment into law of this Act--
(A) $30,000,000 for fiscal year 1995;
(B) $70,000,000 for fiscal year 1996;
(C) $90,000,000 for fiscal year 1997;
(D) $110,000,000 for fiscal year 1998;
(E) $125,000,000 for fiscal year 1999; and
(F) $125,000,000 for fiscal year 2000.
TITLE XX--POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING AND
EDUCATION
Subtitle A--Police Corps
SEC. 200101. SHORT TITLE.
This subtitle may be cited as the ``Police Corps Act''.
SEC. 200102. PURPOSES.
The purposes of this subtitle are to--
(1) address violent crime by increasing the number of
police with advanced education and training on community
patrol; and
(2) provide educational assistance to law enforcement
personnel and to students who possess a sincere interest in
public service in the form of law enforcement.
SEC. 200103. DEFINITIONS.
In this subtitle--
``academic year'' means a traditional academic year
beginning in August or September and ending in the following
May or June.
``dependent child'' means a natural or adopted child or
stepchild of a law enforcement officer who at the time of the
officer's death--
(A) was no more than 21 years old; or
(B) if older than 21 years, was in fact dependent on the
child's parents for at least one-half of the child's support
(excluding educational expenses), as determined by the
Director.
``Director'' means the Director of the Office of the Police
Corps and Law Enforcement Education appointed under section
200104.
``educational expenses'' means expenses that are directly
attributable to--
(A) a course of education leading to the award of the
baccalaureate degree in legal- or criminal justice-related
studies; or
(B) a course of graduate study legal or criminal justice
studies following award of a baccalaureate degree,
including the cost of tuition, fees, books, supplies,
transportation, room and board and miscellaneous expenses.
``institution of higher education'' has the meaning stated
in the first sentence of section 1201(a) of the Higher
Education Act of 1965 (20 U.S.C. 1141(a)).
``participant'' means a participant in the Police Corps
program selected pursuant to section 200106.
``State'' means a State of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, American Samoa, Guam, and the Commonwealth of the
Northern Mariana Islands.
[[Page 1835]]
``State Police Corps program'' means a State police corps
program that meets the requirements of section 200110.
SEC. 200104. ESTABLISHMENT OF OFFICE OF THE POLICE CORPS AND
LAW ENFORCEMENT EDUCATION.
There is established in the Department of Justice, under
the general authority of the Attorney General, an Office of
the Police Corps and Law Enforcement Education.
SEC. 200105. DESIGNATION OF LEAD AGENCY AND SUBMISSION OF
STATE PLAN.
(a) Lead Agency.--A State that desires to participate in
the Police Corps program under this subtitle shall designate
a lead agency that will be responsible for--
(1) submitting to the Director a State plan described in
subsection (b); and
(2) administering the program in the State.
(b) State Plans.--A State plan shall--
(1) contain assurances that the lead agency shall work in
cooperation with the local law enforcement liaisons,
representatives of police labor organizations and police
management organizations, and other appropriate State and
local agencies to develop and implement interagency
agreements designed to carry out the program;
(2) contain assurances that the State shall advertise the
assistance available under this subtitle;
(3) contain assurances that the State shall screen and
select law enforcement personnel for participation in the
program; and
(4) meet the requirements of section 200110.
SEC. 200106. SCHOLARSHIP ASSISTANCE.
(a) Scholarships Authorized.--(1) The Director may award
scholarships to participants who agree to work in a State or
local police force in accordance with agreements entered into
pursuant to subsection (d).
(2)(A) Except as provided in subparagraph (B), each
scholarship payment made under this section for each academic
year shall not exceed--
(i) $7,500; or
(ii) the cost of the educational expenses related to
attending an institution of higher education.
(B) In the case of a participant who is pursuing a course
of educational study during substantially an entire calendar
year, the amount of scholarship payments made during such
year shall not exceed $10,000.
(C) The total amount of scholarship assistance received by
any one student under this section shall not exceed $30,000.
(3) Recipients of scholarship assistance under this section
shall continue to receive such scholarship payments only
during such periods as the Director finds that the recipient
is maintaining satisfactory progress as determined by the
institution of higher education the recipient is attending.
(4)(A) The Director shall make scholarship payments under
this section directly to the institution of higher education
that the student is attending.
(B) Each institution of higher education receiving a
payment on behalf of a participant pursuant to subparagraph
(A) shall remit to such student any funds in excess of the
costs of tuition, fees, and room and board payable to the
institution.
(b) Reimbursement Authorized.--(1) The Director may make
payments to a participant to reimburse such participant for
the costs of educational expenses if the student agrees to
work in a State or local police force in accordance with the
agreement entered into pursuant to subsection (d).
(2)(A) Each payment made pursuant to paragraph (1) for each
academic year of study shall not exceed--
(i) $7,500; or
(ii) the cost of educational expenses related to attending
an institution of higher education.
(B) In the case of a participant who is pursuing a course
of educational study during substantially an entire calendar
year, the amount of scholarship payments made during such
year shall not exceed $10,000.
(C) The total amount of payments made pursuant to
subparagraph (A) to any 1 student shall not exceed $30,000.
(c) Use of Scholarship.--Scholarships awarded under this
subsection shall only be used to attend a 4-year institution
of higher education, except that--
(1) scholarships may be used for graduate and professional
study; and
(2) if a participant has enrolled in the program upon or
after transfer to a 4-year institution of higher education,
the Director may reimburse the participant for the
participant's prior educational expenses.
(d) Agreement.--(1)(A) Each participant receiving a
scholarship or a payment under this section shall enter into
an agreement with the Director.
(B) An agreement under subparagraph (A) shall contain
assurances that the participant shall--
(i) after successful completion of a baccalaureate program
and training as prescribed in section 200108, work for 4
years in a State or local police force without there having
arisen sufficient cause for the participant's dismissal under
the rules applicable to members of the police force of which
the participant is a member;
(ii) complete satisfactorily--
(I) an educational course of study and receipt of a
baccalaureate degree (in the case of undergraduate study) or
the reward of credit to the participant for having completed
one or more graduate courses (in the case of graduate study);
and
(II) Police Corps training and certification by the
Director that the participant has met such performance
standards as may be established pursuant to section 200108;
and
(iii) repay all of the scholarship or payment received plus
interest at the rate of 10 percent if the conditions of
clauses (i) and (ii) are not complied with.
(2)(A) A recipient of a scholarship or payment under this
section shall not be considered to be in violation of the
agreement entered into pursuant to paragraph (1) if the
recipient--
(i) dies; or
(ii) becomes permanently and totally disabled as
established by the sworn affidavit of a qualified physician.
(B) If a scholarship recipient is unable to comply with the
repayment provision set forth in paragraph (1)(B)(ii) because
of a physical or emotional disability or for good cause as
determined by the Director, the Director may substitute
community service in a form prescribed by the Director for
the required repayment.
(C) The Director shall expeditiously seek repayment from a
participant who violates an agreement described in paragraph
(1).
(e) Dependent Child.--A dependent child of a law
enforcement officer--
(1) who is a member of a State or local police force or is
a Federal criminal investigator or uniformed police officer,
(2) who is not a participant in the Police Corps program,
but
(3) who serves in a State for which the Director has
approved a Police Corps plan, and
(4) who is killed in the course of performing police
duties,
shall be entitled to the scholarship assistance authorized in
this section for any course of study in any accredited
institution of higher education. Such dependent child shall
not incur any repayment obligation in exchange for the
scholarship assistance provided in this section.
(f) Application.--Each participant desiring a scholarship
or payment under this section shall submit an application as
prescribed by the Director in such manner and accompanied by
such information as the Director may reasonably require.
SEC. 200107. SELECTION OF PARTICIPANTS.
(a) In General.--Participants in State Police Corps
programs shall be selected on a competitive basis by each
State under regulations prescribed by the Director.
(b) Selection Criteria and Qualifications.--(1) In order to
participate in a State Police Corps program, a participant
shall--
(A) be a citizen of the United States or an alien lawfully
admitted for permanent residence in the United States;
(B) meet the requirements for admission as a trainee of the
State or local police force to which the participant will be
assigned pursuant to section 200110(5), including achievement
of satisfactory scores on any applicable examination, except
that failure to meet the age requirement for a trainee of the
State or local police shall not disqualify the applicant if
the applicant will be of sufficient age upon completing an
undergraduate course of study;
(C) possess the necessary mental and physical capabilities
and emotional characteristics to discharge effectively the
duties of a law enforcement officer;
(D) be of good character and demonstrate sincere motivation
and dedication to law enforcement and public service;
(E) in the case of an undergraduate, agree in writing that
the participant will complete an educational course of study
leading to the award of a baccalaureate degree and will then
accept an appointment and complete 4 years of service as an
officer in the State police or in a local police department
within the State;
(F) in the case of a participant desiring to undertake or
continue graduate study, agree in writing that the
participant will accept an appointment and complete 4 years
of service as an officer in the State police or in a local
police department within the State before undertaking or
continuing graduate study;
(G) contract, with the consent of the participant's parent
or guardian if the participant is a minor, to serve for 4
years as an officer in the State police or in a local police
department, if an appointment is offered; and
(H) except as provided in paragraph (2), be without
previous law enforcement experience.
(2)(A) Until the date that is 5 years after the date of
enactment of this Act, up to 10 percent of the applicants
accepted into the Police Corps program may be persons who--
(i) have had some law enforcement experience; and
(ii) have demonstrated special leadership potential and
dedication to law enforcement.
(B)(i) The prior period of law enforcement of a participant
selected pursuant to subparagraph (A) shall not be counted
toward satisfaction of the participant's 4-year service
obligation under section 200109, and such a participant shall
be subject to the same benefits and obligations under this
subtitle as other participants, including those stated in
section (b)(1) (E) and (F).
(ii) Clause (i) shall not be construed to preclude counting
a participant's previous period of law enforcement experience
for purposes other than satisfaction of the requirements of
section 200109, such as for purposes of determining such a
participant's pay and other benefits, rank, and tenure.
(3) It is the intent of this subtitle that there shall be
no more than 20,000 participants in each graduating class.
The Director shall approve State plans providing in the
aggregate for such enrollment of applicants as shall assure,
as nearly as possible, annual graduating classes of 20,000.
In a year in
[[Page 1836]]
which applications are received in a number greater than that
which will produce, in the judgment of the Director, a
graduating class of more than 20,000, the Director shall, in
deciding which applications to grant, give preference to
those who will be participating in State plans that provide
law enforcement personnel to areas of greatest need.
(c) Recruitment of Minorities.--Each State participating in
the Police Corps program shall make special efforts to seek
and recruit applicants from among members of all racial,
ethnic or gender groups. This subsection does not authorize
an exception from the competitive standards for admission
established pursuant to subsections (a) and (b).
(d) Enrollment of Applicant.--(1) An applicant shall be
accepted into a State Police Corps program on the condition
that the applicant will be matriculated in, or accepted for
admission at, a 4-year institution of higher education--
(A) as a full-time student in an undergraduate program; or
(B) for purposes of taking a graduate course.
(2) If the applicant is not matriculated or accepted as set
forth in paragraph (1), the applicant's acceptance in the
program shall be revoked.
(e) Leave of Absence.--(1) A participant in a State Police
Corps program who requests a leave of absence from
educational study, training or service for a period not to
exceed 1 year (or 18 months in the aggregate in the event of
multiple requests) due to temporary physical or emotional
disability shall be granted such leave of absence by the
State.
(2) A participant who requests a leave of absence from
educational study, training or service for a period not to
exceed 1 year (or 18 months in the aggregate in the event of
multiple requests) for any reason other than those listed in
paragraph (1) may be granted such leave of absence by the
State.
(3) A participant who requests a leave of absence from
educational study or training for a period not to exceed 30
months to serve on an official church mission may be granted
such leave of absence.
(f) Admission of Applicants.--An applicant may be admitted
into a State Police Corps program either before commencement
of or during the applicant's course of educational study.
SEC. 200108. POLICE CORPS TRAINING.
(a) In General.--(1) The Director shall establish programs
of training for Police Corps participants. Such programs may
be carried out at up to 3 training centers established for
this purpose and administered by the Director, or by
contracting with existing State training facilities. The
Director shall contract with a State training facility upon
request of such facility if the Director determines that such
facility offers a course of training substantially equivalent
to the Police Corps training program described in this
subtitle.
(2) The Director may enter into contracts with individuals,
institutions of learning, and government agencies (including
State and local police forces) to obtain the services of
persons qualified to participate in and contribute to the
training process.
(3) The Director may enter into agreements with agencies of
the Federal Government to utilize on a reimbursable basis
space in Federal buildings and other resources.
(4) The Director may authorize such expenditures as are
necessary for the effective maintenance of the training
centers, including purchases of supplies, uniforms, and
educational materials, and the provision of subsistence,
quarters, and medical care to participants.
(b) Training Sessions.--A participant in a State Police
Corps program shall attend two 8-week training sessions at a
training center, one during the summer following completion
of sophomore year and one during the summer following
completion of junior year. If a participant enters the
program after sophomore year, the participant shall complete
16 weeks of training at times determined by the Director.
(c) Further Training.--The 16 weeks of Police Corps
training authorized in this section is intended to serve as
basic law enforcement training but not to exclude further
training of participants by the State and local authorities
to which they will be assigned. Each State plan approved by
the Director under section 10 shall include assurances that
following completion of a participant's course of education
each participant shall receive appropriate additional
training by the State or local authority to which the
participant is assigned. The time spent by a participant in
such additional training, but not the time spent in Police
Corps training, shall be counted toward fulfillment of the
participant's 4-year service obligation.
(d) Course of Training.--The training sessions at training
centers established under this section shall be designed to
provide basic law enforcement training, including vigorous
physical and mental training to teach participants self-
discipline and organizational loyalty and to impart knowledge
and understanding of legal processes and law enforcement.
(e) Evaluation of Participants.--A participant shall be
evaluated during training for mental, physical, and emotional
fitness, and shall be required to meet performance standards
prescribed by the Director at the conclusion of each training
session in order to remain in the Police Corps program.
(f) Stipend.--The Director shall pay participants in
training sessions a stipend of $250 a week during training.
SEC. 200109. SERVICE OBLIGATION.
(a) Swearing In.--Upon satisfactory completion of the
participant's course of education and training program
established in section 200108 and meeting the requirements of
the police force to which the participant is assigned, a
participant shall be sworn in as a member of the police force
to which the participant is assigned pursuant to the State
Police Corps plan, and shall serve for 4 years as a member of
that police force.
(b) Rights and Responsibilities.--A participant shall have
all of the rights and responsibilities of and shall be
subject to all rules and regulations applicable to other
members of the police force of which the participant is a
member, including those contained in applicable agreements
with labor organizations and those provided by State and
local law.
(c) Discipline.--If the police force of which the
participant is a member subjects the participant to
discipline such as would preclude the participant's
completing 4 years of service, and result in denial of
educational assistance under section 200106, the Director
may, upon a showing of good cause, permit the participant to
complete the service obligation in an equivalent alternative
law enforcement service and, if such service is
satisfactorily completed, section 200106(d)(1)(B)(iii) shall
not apply.
(d) Layoffs.--If the police force of which the participant
is a member lays off the participant such as would preclude
the participant's completing 4 years of service, and result
in denial of educational assistance under section 200106, the
Director may permit the participant to complete the service
obligation in an equivalent alternative law enforcement
service and, if such service is satisfactorily completed,
section 200106(d)(1)(B)(iii) shall not apply.
SEC. 200110. STATE PLAN REQUIREMENTS.
A State Police Corps plan shall--
(1) provide for the screening and selection of participants
in accordance with the criteria set out in section 200107;
(2) state procedures governing the assignment of
participants in the Police Corps program to State and local
police forces (no more than 10 percent of all the
participants assigned in each year by each State to be
assigned to a statewide police force or forces);
(3) provide that participants shall be assigned to those
geographic areas in which--
(A) there is the greatest need for additional law
enforcement personnel; and
(B) the participants will be used most effectively;
(4) provide that to the extent consistent with paragraph
(3), a participant shall be assigned to an area near the
participant's home or such other place as the participant may
request;
(5) provide that to the extent feasible, a participant's
assignment shall be made at the time the participant is
accepted into the program, subject to change--
(A) prior to commencement of a participant's fourth year of
undergraduate study, under such circumstances as the plan may
specify; and
(B) from commencement of a participant's fourth year of
undergraduate study until completion of 4 years of police
service by participant, only for compelling reasons or to
meet the needs of the State Police Corps program and only
with the consent of the participant;
(6) provide that no participant shall be assigned to serve
with a local police force--
(A) whose size has declined by more than 5 percent since
June 21, 1989; or
(B) which has members who have been laid off but not
retired;
(7) provide that participants shall be placed and to the
extent feasible kept on community and preventive patrol;
(8) ensure that participants will receive effective
training and leadership;
(9) provide that the State may decline to offer a
participant an appointment following completion of Federal
training, or may remove a participant from the Police Corps
program at any time, only for good cause (including failure
to make satisfactory progress in a course of educational
study) and after following reasonable review procedures
stated in the plan; and
(10) provide that a participant shall, while serving as a
member of a police force, be compensated at the same rate of
pay and benefits and enjoy the same rights under applicable
agreements with labor organizations and under State and local
law as other police officers of the same rank and tenure in
the police force of which the participant is a member.
SEC. 200111. ASSISTANCE TO STATES AND LOCALITIES EMPLOYING
POLICE CORPS OFFICERS.
Each jurisdiction directly employing Police Corps
participants during the 4-year term of service prescribed by
section 200109 shall receive $10,000 on account of each such
participant at the completion of each such year of service,
but--
(1) no such payment shall be made on account of service in
any State or local police force--
(A) whose average size, in the year for which payment is to
be made, not counting Police Corps participants assigned
under section 106, has declined more than 2 percent since
January 1, 1993; or
(B) which has members who have been laid off but not
retired; and
(2) no such payment shall be made on account of any Police
Corps participant for years of service after the completion
of the term of service prescribed in section 200109.
[[Page 1837]]
SEC. 200112. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $20,000,000 to
carry out this subtitle for each of the fiscal years 1996
through 2000.
SEC. 200113. REPORTS TO CONGRESS.
(a) In General.--Not later than April 1 of each year, the
Director shall submit a report to the Attorney General, the
President, the Speaker of the House of Representatives, and
the President of the Senate.
(b) Contents.--A report under subsection (a) shall--
(1) state the number of current and past participants in
the Police Corps program, broken down according to the levels
of educational study in which they are engaged and years of
service they have served on police forces (including service
following completion of the 4-year service obligation);
(2) describe the geographic, racial, and gender dispersion
of participants in the Police Corps program; and
(3) describe the progress of the Police Corps program and
make recommendations for changes in the program.
Subtitle B--Law Enforcement Scholarship Program
SEC. 200201. SHORT TITLE.
This subtitle may be cited as the ``Law Enforcement
Scholarships and Recruitment Act''.
SEC. 200202. DEFINITIONS.
In this subtitle--
``Director'' means the Director of the Office of the Police
Corps and Law Enforcement Education appointed under section
200104.
``educational expenses'' means expenses that are directly
attributable to--
(A) a course of education leading to the award of an
associate degree;
(B) a course of education leading to the award of a
baccalaureate degree; or
(C) a course of graduate study following award of a
baccalaureate degree,
including the cost of tuition, fees, books, supplies, and
related expenses.
``institution of higher education'' has the meaning stated
in the first sentence of section 1201(a) of the Higher
Education Act of 1965 (20 U.S.C. 1141(a)).
``law enforcement position'' means employment as an officer
in a State or local police force, or correctional
institution.
``State'' means a State of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands of the United States, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands.
SEC. 200203. ALLOTMENT.
From amounts appropriated under section 200210, the
Director shall allot--
(1) 80 percent of such amounts to States on the basis of
the number of law enforcement officers in each State compared
to the number of law enforcement officers in all States; and
(2) 20 percent of such amounts to States on the basis of
the shortage of law enforcement personnel and the need for
assistance under this subtitle in the State compared to the
shortage of law enforcement personnel and the need for
assistance under this subtitle in all States.
SEC. 200204. ESTABLISHMENT OF PROGRAM.
(a) Use of Allotment.--
(1) In general.--A State that receives an allotment
pursuant to section 200203 shall use the allotment to pay the
Federal share of the costs of--
(A) awarding scholarships to in-service law enforcement
personnel to enable such personnel to seek further education;
and
(B) providing--
(i) full-time employment in summer; or
(ii) part-time (not to exceed 20 hours per week) employment
for a period not to exceed 1 year.
(2) Employment.--The employment described in paragraph
(1)(B)--
(A) shall be provided by State and local law enforcement
agencies for students who are juniors or seniors in high
school or are enrolled in an institution of higher education
and who demonstrate an interest in undertaking a career in
law enforcement;
(B) shall not be in a law enforcement position; and
(C) shall consist of performing meaningful tasks that
inform students of the nature of the tasks performed by law
enforcement agencies.
(b) Payments; Federal Share; Non-Federal Share.--
(1) Payments.--Subject to the availability of
appropriations, the Director shall pay to each State that
receives an allotment under section 200203 the Federal share
of the cost of the activities described in the application
submitted pursuant to section 200203.
(2) Federal share.--The Federal share shall not exceed 60
percent.
(3) Non-federal share.--The non-Federal share of the cost
of scholarships and student employment provided under this
subtitle shall be supplied from sources other than the
Federal Government.
(c) Responsibilities of Director.--The Director shall be
responsible for the administration of the programs conducted
pursuant to this subtitle and shall, in consultation with the
Assistant Secretary for Postsecondary Education, issue rules
to implement this subtitle.
(d) Administrative Expenses.--A State that receives an
allotment under section 200203 may reserve not more than 8
percent of the allotment for administrative expenses.
(e) Special Rule.--A State that receives an allotment under
section 200203 shall ensure that each scholarship recipient
under this subtitle be compensated at the same rate of pay
and benefits and enjoy the same rights under applicable
agreements with labor organizations and under State and local
law as other law enforcement personnel of the same rank and
tenure in the office of which the scholarship recipient is a
member.
(f) Supplementation of Funding.--Funds received under this
subtitle shall only be used to supplement, and not to
supplant, Federal, State, or local efforts for recruitment
and education of law enforcement personnel.
SEC. 200205. SCHOLARSHIPS.
(a) Period of Award.--Scholarships awarded under this
subtitle shall be for a period of 1 academic year.
(b) Use of Scholarships.--Each individual awarded a
scholarship under this subtitle may use the scholarship for
educational expenses at an institution of higher education.
SEC. 200206. ELIGIBILITY.
(a) Scholarships.--A person shall be eligible to receive a
scholarship under this subtitle if the person has been
employed in law enforcement for the 2-year period immediately
preceding the date on which assistance is sought.
(b) Ineligibility for Student Employment.--A person who has
been employed as a law enforcement officer is ineligible to
participate in a student employment program carried out under
this subtitle.
SEC. 200207. STATE APPLICATION.
(a) In General.--Each State desiring an allotment under
section 200203 shall submit an application to the Director at
such time, in such manner, and accompanied by such
information as the Director may reasonably require.
(b) Contents.--An application under subsection (a) shall--
(1) describe the scholarship program and the student
employment program for which assistance under this subtitle
is sought;
(2) contain assurances that the lead agency will work in
cooperation with the local law enforcement liaisons,
representatives of police labor organizations and police
management organizations, and other appropriate State and
local agencies to develop and implement interagency
agreements designed to carry out this subtitle;
(3) contain assurances that the State will advertise the
scholarship assistance and student employment it will provide
under this subtitle and that the State will use such programs
to enhance recruitment efforts;
(4) contain assurances that the State will screen and
select law enforcement personnel for participation in the
scholarship program under this subtitle;
(5) contain assurances that under such student employment
program the State will screen and select, for participation
in such program, students who have an interest in undertaking
a career in law enforcement;
(6) contain assurances that under such scholarship program
the State will make scholarship payments to institutions of
higher education on behalf of persons who receive
scholarships under this subtitle;
(7) with respect to such student employment program,
identify--
(A) the employment tasks that students will be assigned to
perform;
(B) the compensation that students will be paid to perform
such tasks; and
(C) the training that students will receive as part of
their participation in the program;
(8) identify model curriculum and existing programs
designed to meet the educational and professional needs of
law enforcement personnel; and
(9) contain assurances that the State will promote
cooperative agreements with educational and law enforcement
agencies to enhance law enforcement personnel recruitment
efforts in institutions of higher education.
SEC. 200208. LOCAL APPLICATION.
(a) In General.--A person who desires a scholarship or
employment under this subtitle shall submit an application to
the State at such time, in such manner, and accompanied by
such information as the State may reasonably require.
(b) Contents.--An application under subsection (a) shall
describe--
(1) the academic courses for which a scholarship is sought;
or
(2) the location and duration of employment that is sought.
(c) Priority.--In awarding scholarships and providing
student employment under this subtitle, each State shall give
priority to applications from persons who are--
(1) members of racial, ethnic, or gender groups whose
representation in the law enforcement agencies within the
State is substantially less than in the population eligible
for employment in law enforcement in the State;
(2) pursuing an undergraduate degree; and
(3) not receiving financial assistance under the Higher
Education Act of 1965.
SEC. 200209. SCHOLARSHIP AGREEMENT.
(a) In General.--A person who receives a scholarship under
this subtitle shall enter into an agreement with the
Director.
(b) Contents.--An agreement described in subsection (a)
shall--
(1) provide assurances that the scholarship recipient will
work in a law enforcement position in the State that awarded
the scholarship in accordance with the service obligation
described in subsection (c) after completion of the
scholarship recipient's academic courses leading to an
associate, bachelor, or graduate degree;
[[Page 1838]]
(2) provide assurances that the scholarship recipient will
repay the entire scholarship in accordance with such terms
and conditions as the Director shall prescribe if the
requirements of the agreement are not complied with, unless
the scholarship recipient--
(A) dies;
(B) becomes physically or emotionally disabled, as
established by the sworn affidavit of a qualified physician;
or
(C) has been discharged in bankruptcy; and
(3) set forth the terms and conditions under which the
scholarship recipient may seek employment in the field of law
enforcement in a State other than the State that awarded the
scholarship.
(c) Service Obligation.--
(1) In general.-- Except as provided in paragraph (2), a
person who receives a scholarship under this subtitle shall
work in a law enforcement position in the State that awarded
the scholarship for a period of 1 month for each credit hour
for which funds are received under the scholarship.
(2) Special rule.--For purposes of satisfying the
requirement of paragraph (1), a scholarship recipient shall
work in a law enforcement position in the State that awarded
the scholarship for not less than 6 months but shall not be
required to work in such a position for more than 2 years.
SEC. 200210. AUTHORIZATION OF APPROPRIATIONS.
(a) General Authorization of Appropriations.--There are
authorized to be appropriated to carry out this subtitle--
(1) $20,000,000 for fiscal year 1996;
(2) $20,000,000 for fiscal year 1997;
(3) $20,000,000 for fiscal year 1998;
(4) $20,000,000 for fiscal year 1999; and
(5) $20,000,000 for fiscal year 2000.
(b) Uses of Funds.--Of the funds appropriated under
subsection (a) for a fiscal year--
(1) 80 percent shall be available to provide scholarships
described in section 200204(a)(1)(A); and
(2) 20 percent shall be available to provide employment
described in sections 200204(a)(1)(B) and 200204(a)(2).
TITLE XXI--STATE AND LOCAL LAW ENFORCEMENT
Subtitle A--Byrne Program
SEC. 210101. EXTENSION OF BYRNE GRANT FUNDING.
There is authorized to be appropriated for fiscal years
1995 through 2000 such sums as may be necessary to carry out
the programs under parts D and E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968, of which the
following amounts may be appropriated from the Violent Crime
Reduction Trust Fund:
(1) $580,000,000 for fiscal year 1995;
(2) $130,000,000 for fiscal year 1996;
(3) $100,000,000 for fiscal year 1997;
(4) $75,000,000 for fiscal year 1998;
(5) $70,000,000 for fiscal year 1999; and
(6) $45,000,000 for fiscal year 2000.
Subtitle B--Law Enforcement Family Support
SEC. 210201. LAW ENFORCEMENT FAMILY SUPPORT.
(a) In General.--Title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended
by section 50001(a), is amended--
(1) by redesignating part W as part X;
(2) by redesignating section 2301 as 2401; and
(3) by inserting after part V the following new part:
``PART W--FAMILY SUPPORT
``SEC. 2301. DUTIES.
``The Attorney General shall--
``(1) establish guidelines and oversee the implementation
of family-friendly policies within law enforcement-related
offices and divisions in the Department of Justice;
``(2) study the effects of stress on law enforcement
personnel and family well-being and disseminate the findings
of such studies to Federal, State, and local law enforcement
agencies, related organizations, and other interested
parties;
``(3) identify and evaluate model programs that provide
support services to law enforcement personnel and families;
``(4) provide technical assistance and training programs to
develop stress reduction and family support to State and
local law enforcement agencies;
``(5) collect and disseminate information regarding family
support, stress reduction, and psychological services to
Federal, State, and local law enforcement agencies, law
enforcement-related organizations, and other interested
entities; and
``(6) determine issues to be researched by the Department
of Justice and by grant recipients.
``SEC. 2302. GENERAL AUTHORIZATION.
``The Attorney General may make grants to States and local
law enforcement agencies and to organizations representing
State or local law enforcement personnel to provide family
support services to law enforcement personnel.
``SEC. 2303. USES OF FUNDS.
``(a) In General.--A State or local law enforcement agency
or organization that receives a grant under this Act shall
use amounts provided under the grant to establish or improve
training and support programs for law enforcement personnel.
``(b) Required Activities.--A law enforcement agency or
organization that receives funds under this part shall
provide at least one of the following services:
``(1) Counseling for law enforcement family members.
``(2) Child care on a 24-hour basis.
``(3) Marital and adolescent support groups.
``(4) Stress reduction programs.
``(5) Stress education for law enforcement recruits and
families.
``(6) Technical assistance and training programs to support
any or all of the services described in paragraphs (1), (2),
(3), (4), and (5).
``(c) Optional Activities.--A law enforcement agency or
organization that receives funds under this part may provide
the following services:
``(1) Post-shooting debriefing for officers and their
spouses.
``(2) Group therapy.
``(3) Hypertension clinics.
``(4) Critical incident response on a 24-hour basis.
``(5) Law enforcement family crisis telephone services on a
24-hour basis.
``(6) Counseling for law enforcement personnel exposed to
the human immunodeficiency virus.
``(7) Counseling for peers.
``(8) Counseling for families of personnel killed in the
line of duty.
``(9) Seminars regarding alcohol, drug use, gambling, and
overeating.
``(10) Technical assistance and training to support any or
all of the services described in paragraphs (1), (2), (3),
(4), (5), (6), (7), (8), and (9).
``SEC. 2304. APPLICATIONS.
``A law enforcement agency or organization desiring to
receive a grant under this part shall submit to the Attorney
General an application at such time, in such manner, and
containing or accompanied by such information as the Attorney
General may reasonably require. Such application shall--
``(1) certify that the law enforcement agency shall match
all Federal funds with an equal amount of cash or in-kind
goods or services from other non-Federal sources;
``(2) include a statement from the highest ranking law
enforcement official from the State or locality or from the
highest ranking official from the organization applying for
the grant that attests to the need and intended use of
services to be provided with grant funds; and
``(3) assure that the Attorney General or the Comptroller
General of the United States shall have access to all records
related to the receipt and use of grant funds received under
this part.
``SEC. 2305. AWARD OF GRANTS; LIMITATION.
``(a) Grant Distribution.--In approving grants under this
part, the Attorney General shall assure an equitable
distribution of assistance among the States, among urban and
rural areas of the United States, and among urban and rural
areas of a State.
``(b) Duration.--The Attorney General may award a grant
each fiscal year, not to exceed $100,000 to a State or local
law enforcement agency or $250,000 to a law enforcement
organization for a period not to exceed 5 years. In any
application from a State or local law enforcement agency or
organization for a grant to continue a program for the
second, third, fourth, or fifth fiscal year following the
first fiscal year in which a grant was awarded to such
agency, the Attorney General shall review the progress made
toward meeting the objectives of the program. The Attorney
General may refuse to award a grant if the Attorney General
finds sufficient progress has not been made toward meeting
such objectives, but only after affording the applicant
notice and an opportunity for reconsideration.
``(c) Limitation.--Not more than 5 percent of grant funds
received by a State or a local law enforcement agency or
organization may be used for administrative purposes.
``SEC. 2306. DISCRETIONARY RESEARCH GRANTS.
``The Attorney General may reserve 10 percent of funds to
award research grants to a State or local law enforcement
agency or organization to study issues of importance in the
law enforcement field as determined by the Attorney General.
``SEC. 2307. REPORTS.
``A State or local law enforcement agency or organization
that receives a grant under this part shall submit to the
Attorney General an annual report that includes--
``(1) program descriptions;
``(2) the number of staff employed to administer programs;
``(3) the number of individuals who participated in
programs; and
``(4) an evaluation of the effectiveness of grant programs.
``SEC. 2308. DEFINITIONS.
``For purposes of this part--
``(1) the term `family-friendly policy' means a policy to
promote or improve the morale and well being of law
enforcement personnel and their families; and
``(2) the term `law enforcement personnel' means
individuals employed by Federal, State, and local law
enforcement agencies.''.
(b) Technical Amendment.--The table of contents of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.), as amended by section 50001(b), is
amended by striking the matter relating to part V and
inserting the following:
``Part W--Family Support
``Sec. 2301. Duties.
``Sec. 2302. General authorization.
``Sec. 2303. Uses of funds.
``Sec. 2304. Applications.
``Sec. 2305. Award of grants; limitation.
``Sec. 2306. Discretionary research grants.
``Sec. 2307. Reports.
``Sec. 2308. Definitions.
``Part V--Transition-Effective Date-Repeals
``Sec. 2301. Continuation of rules, authorities, and privileges.''.
[[Page 1839]]
(c) Authorization of Appropriations.--Section 1001(a) of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.), as amended by section 50001(c), is
amended--
(1) in paragraph (3) by striking ``and V'' and inserting
``V, and W''; and
(2) by adding at the end the following new paragraph:
``(21) There are authorized to be appropriated to carry out
part W--
``(1) $2,500,000 for fiscal year 1996;
``(2) $4,000,000 for fiscal year 1997;
``(3) $5,000,000 for fiscal year 1998;
``(4) $6,000,000 for fiscal year 1999; and
``(5) $7,500,000 for fiscal year 2000.''.
Subtitle C--DNA Identification
SEC. 210301. SHORT TITLE.
This subtitle may be cited as the ``DNA Identification Act
of 1994''.
SEC. 210302. FUNDING TO IMPROVE THE QUALITY AND AVAILABILITY
OF DNA ANALYSES FOR LAW ENFORCEMENT
IDENTIFICATION PURPOSES.
(a) Drug Control and System Improvement Grant Program.--
Section 501(b) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3751(b)) as amended by
section 150003, is amended--
(1) by striking ``and'' at the end of paragraph (23);
(2) by striking the period at the end of paragraph (24) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(25) developing or improving in a forensic laboratory a
capability to analyze deoxyribonucleic acid (hereinafter in
this title referred to as `DNA') for identification
purposes.''.
(b) State Applications.--Section 503(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3753(a)) is amended by adding at the end the following new
paragraph:
``(12) If any part of funds received from a grant made
under this part is to be used to develop or improve a DNA
analysis capability in a forensic laboratory, a certification
that--
``(A) DNA analyses performed at such laboratory will
satisfy or exceed then current standards for a quality
assurance program for DNA analysis, issued by the Director of
the Federal Bureau of Investigation under section 210303 of
the DNA Identification Act of 1994;
``(B) DNA samples obtained by, and DNA analyses performed
at, such laboratory will be accessible only--
``(i) to criminal justice agencies for law enforcement
identification purposes;
``(ii) in judicial proceedings, if otherwise admissible
pursuant to applicable statutes or rules;
``(iii) for criminal defense purposes, to a defendant, who
shall have access to samples and analyses performed in
connection with the case in which such defendant is charged;
or
``(iv) if personally identifiable information is removed,
for a population statistics database, for identification
research and protocol development purposes, or for quality
control purposes; and
``(C) such laboratory, and each analyst performing DNA
analyses at such laboratory, will undergo, at regular
intervals of not to exceed 180 days, external proficiency
testing by a DNA proficiency testing program meeting the
standards issued under section 210303 of the DNA
Identification Act of 1994.''.
(c) DNA Identification Grants.--
(1) In general.--Title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended
by section 210201(a), is amended--
(A) by redesignating part X as part Y;
(B) by redesignating section 2401 as section 2501; and
(C) by inserting after part W the following new part:
``PART X--DNA IDENTIFICATION GRANTS
``SEC. 2401. GRANT AUTHORIZATION.
``The Attorney General may make funds available under this
part to States and units of local government, or combinations
thereof, to carry out all or a substantial part of a program
or project intended to develop or improve the capability to
analyze deoxyribonucleic acid (referred to in this part as
`DNA') in a forensic laboratory.
``SEC. 2402. APPLICATIONS.
``To request a grant under this part, the chief executive
officer of a State or unit of local government shall submit
an application in such form as the Attorney General may
require.
``SEC. 2403. APPLICATION REQUIREMENTS.
``No grant may be made under this part unless an
application has been submitted to the Attorney General in
which the applicant certifies that--
``(1) DNA analyses performed at the laboratory will satisfy
or exceed then current standards for a quality assurance
program for DNA analysis issued by the Director of the
Federal Bureau of Investigation under section 210303 of the
DNA Identification Act of 1994.
``(2) DNA samples obtained by and DNA analyses performed at
the laboratory shall be made available only--
``(A) to criminal justice agencies for law enforcement
identification purposes;
``(B) in judicial proceedings, if otherwise admissible
pursuant to applicable statutes or rules;
``(C) for criminal defense purposes, to a defendant, who
shall have access to samples and analyses performed in
connection with the case in which the defendant is charged;
or
``(D) if personally identifiable information is removed,
for a population statistics database, for identification
research and protocol development purposes, or for quality
control purposes; and
``(3) the laboratory and each analyst performing DNA
analyses at the laboratory shall undergo, at regular
intervals not exceeding 180 days, external proficiency
testing by a DNA proficiency testing program that meets the
standards issued under section 210303 of the DNA
Identification Act of 1994.
``SEC. 2404. ADMINISTRATIVE PROVISIONS.
``(a) Regulation Authority.--The Attorney General may
promulgate guidelines, regulations, and procedures, as
necessary to carry out the purposes of this part, including
limitations on the number of awards made during each fiscal
year, the submission and review of applications, selection
criteria, and the extension or continuation of awards.
``(b) Award Authority.--The Attorney General shall have
final authority over all funds awarded under this part.
``(c) Technical Assistance.--To assist and measure the
effectiveness and performance of programs and activities
funded under this part, the Attorney General may provide
technical assistance as required.
``SEC. 2405. RESTRICTIONS ON USE OF FUNDS.
``(a) Federal Share.--The Federal share of a grant,
contract, or cooperative agreement made under this part may
not exceed 75 percent of the total costs of the project
described in the application submitted for the fiscal year
for which the project receives assistance.
``(b) Administrative Costs.--A State or unit of local
government may not use more than 10 percent of the funds it
receives from this part for administrative expenses.
``SEC. 2406. REPORTS.
``(a) Reports to Attorney General.--Each State or unit of
local government which receives a grant under this part shall
submit to the Attorney General, for each year in which funds
from a grant received under this part is expended, a report
at such time and in such manner as the Attorney General may
reasonably require which contains--
``(1) a summary of the activities carried out under the
grant and an assessment of whether such activities are
meeting the needs identified in the application submitted
under section 2402; and
``(2) such other information as the Attorney General may
require.
``(b) Reports to Congress.--Not later than 90 days after
the end of each fiscal year for which grants are made under
this part, the Attorney General shall submit to the Speaker
of the House of Representatives and the President pro tempore
of the Senate, a report that includes--
``(1) the aggregate amount of grants made under this part
to each State or unit of local government for such fiscal
year; and
``(2) a summary of the information provided in compliance
with subsection (a)(1).
``SEC. 2407. EXPENDITURE RECORDS.
``(a) Records.--Each State or unit of local government
which receives a grant under this part shall keep records as
the Attorney General may require to facilitate an effective
audit.
``(b) Access.--The Attorney General, the Comptroller
General, or their designated agents shall have access, for
the purpose of audit and examination, to any books,
documents, and records of States and units of local
government which receive grants made under this part if, in
the opinion of the Attorney General, the Comptroller General,
or their designated agents, such books, documents, and
records are related to the receipt or use of any such
grant.''.
(2) Table of contents.--The table of contents of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.), as amended by section 210201(b), is
amended by striking the matter relating to part X and
inserting the following:
``Part X--DNA Identification Grants
``Sec. 2401. Grant authorization.
``Sec. 2402. Applications.
``Sec. 2403. Application requirements.
``Sec. 2404. Administrative provisions.
``Sec. 2405. Restrictions on use of funds.
``Sec. 2406. Reports.
``Sec. 2407. Expenditure records.
``Part Y--Transition-Effective Date-Repealer
``Sec. 2501. Continuation of rules, authorities, and proceedings.''.
(3) Authorization of appropriations.--Section 1001 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793), as amended by section 210201(c), is amended--
(A) in paragraph (3) by striking ``and W'' and inserting
``W, and X''; and
(B) adding at the end the following new paragraph:
``(22) There are authorized to be appropriated to carry out
part X--
``(1) $1,000,000 for fiscal year 1996;
``(2) $3,000,000 for fiscal year 1997;
``(3) $5,000,000 for fiscal year 1998;
``(4) $13,500,000 for fiscal year 1999; and
``(5) $17,500,000 for fiscal year 2000.''.
(4) Effective date.--The amendments made by this section
shall take effect on the date that is 60 days after the date
of enactment of this Act.
SEC. 210303. QUALITY ASSURANCE AND PROFICIENCY TESTING
STANDARDS.
(a) Publication of Quality Assurance and Proficiency
Testing Standards.--(1)(A)
[[Page 1840]]
Not later than 180 days after the date of enactment of this
Act, the Director of the Federal Bureau of Investigation
shall appoint an advisory board on DNA quality assurance
methods from among nominations proposed by the head of the
National Academy of Sciences and professional societies of
crime laboratory officials.
(B) The advisory board shall include as members scientists
from State, local, and private forensic laboratories,
molecular geneticists and population geneticists not
affiliated with a forensic laboratory, and a representative
from the National Institute of Standards and Technology.
(C) The advisory board shall develop, and if appropriate,
periodically revise, recommended standards for quality
assurance, including standards for testing the proficiency of
forensic laboratories, and forensic analysts, in conducting
analyses of DNA.
(2) The Director of the Federal Bureau of Investigation,
after taking into consideration such recommended standards,
shall issue (and revise from time to time) standards for
quality assurance, including standards for testing the
proficiency of forensic laboratories, and forensic analysts,
in conducting analyses of DNA.
(3) The standards described in paragraphs (1) and (2) shall
specify criteria for quality assurance and proficiency tests
to be applied to the various types of DNA analyses used by
forensic laboratories. The standards shall also include a
system for grading proficiency testing performance to
determine whether a laboratory is performing acceptably.
(4) Until such time as the advisory board has made
recommendations to the Director of the Federal Bureau of
Investigation and the Director has acted upon those
recommendations, the quality assurance guidelines adopted by
the technical working group on DNA analysis methods shall be
deemed the Director's standards for purposes of this section.
(b) Administration of the Advisory Board.--(1) For
administrative purposes, the advisory board appointed under
subsection (a) shall be considered an advisory board to the
Director of the Federal Bureau of Investigation.
(2) Section 14 of the Federal Advisory Committee Act (5
U.S.C. App.) shall not apply with respect to the advisory
board appointed under subsection (a).
(3) The DNA advisory board established under this section
shall be separate and distinct from any other advisory board
administered by the FBI, and is to be administered
separately.
(4) The board shall cease to exist on the date 5 years
after the initial appointments are made to the board, unless
the existence of the board is extended by the Director of the
Federal Bureau of Investigation.
(c) Proficiency Testing Program.--(1) Not later than 1 year
after the effective date of this Act, the Director of the
National Institute of Justice shall certify to the Committees
on the Judiciary of the House and Senate that--
(A) the Institute has entered into a contract with, or made
a grant to, an appropriate entity for establishing, or has
taken other appropriate action to ensure that there is
established, not later than 2 years after the date of
enactment of this Act, a blind external proficiency testing
program for DNA analyses, which shall be available to public
and private laboratories performing forensic DNA analyses;
(B) a blind external proficiency testing program for DNA
analyses is already readily available to public and private
laboratories performing forensic DNA analyses; or
(C) it is not feasible to have blind external testing for
DNA forensic analyses.
(2) As used in this subsection, the term ``blind external
proficiency test'' means a test that is presented to a
forensic laboratory through a second agency and appears to
the analysts to involve routine evidence.
(3) Notwithstanding any other provision of law, the
Attorney General shall make available to the Director of the
National Institute of Justice during the first fiscal year in
which funds are distributed under this subtitle up to
$250,000 from the funds available under part X of Title I of
the Omnibus Crime Control and Safe Streets Act of 1968 to
carry out this subsection.
SEC. 210304. INDEX TO FACILITATE LAW ENFORCEMENT EXCHANGE OF
DNA IDENTIFICATION INFORMATION.
(a) Establishment of Index.--The Director of the Federal
Bureau of Investigation may establish an index of--
(1) DNA identification records of persons convicted of
crimes;
(2) analyses of DNA samples recovered from crime scenes;
and
(3) analyses of DNA samples recovered from unidentified
human remains.
(b) Information.--The index described in subsection (a)
shall include only information on DNA identification records
and DNA analyses that are--
(1) based on analyses performed by or on behalf of a
criminal justice agency in accordance with publicly available
standards that satisfy or exceed the guidelines for a quality
assurance program for DNA analysis, issued by the Director of
the Federal Bureau of Investigation under section 210303;
(2) prepared by laboratories, and DNA analysts, that
undergo, at regular intervals of not to exceed 180 days,
external proficiency testing by a DNA proficiency testing
program meeting the standards issued under section 210303;
and
(3) maintained by Federal, State, and local criminal
justice agencies pursuant to rules that allow disclosure of
stored DNA samples and DNA analyses only--
(A) to criminal justice agencies for law enforcement
identification purposes;
(B) in judicial proceedings, if otherwise admissible
pursuant to applicable statutes or rules;
(C) for criminal defense purposes, to a defendant, who
shall have access to samples and analyses performed in
connection with the case in which such defendant is charged;
or
(D) if personally identifiable information is removed, for
a population statistics database, for identification research
and protocol development purposes, or for quality control
purposes.
(c) Failure To Comply.--Access to the index established by
this section is subject to cancellation if the quality
control and privacy requirements described in subsection (b)
are not met.
SEC. 210305. FEDERAL BUREAU OF INVESTIGATION.
(a) Proficiency Testing Requirements.--
(1) Generally.--(A) Personnel at the Federal Bureau of
Investigation who perform DNA analyses shall undergo, at
regular intervals of not to exceed 180 days, external
proficiency testing by a DNA proficiency testing program
meeting the standards issued under section 210303.
(B) Within 1 year after the date of enactment of this Act,
the Director of the Federal Bureau of Investigation shall
arrange for periodic blind external tests to determine the
proficiency of DNA analysis performed at the Federal Bureau
of Investigation laboratory.
(C) In this paragraph, ``blind external test'' means a test
that is presented to the laboratory through a second agency
and appears to the analysts to involve routine evidence.
(2) Report.--For 5 years after the date of enactment of
this Act, the Director of the Federal Bureau of Investigation
shall submit to the Committees on the Judiciary of the House
and Senate an annual report on the results of each of the
tests described in paragraph (1).
(b) Privacy Protection Standards.--
(1) Generally.--Except as provided in paragraph (2), the
results of DNA tests performed for a Federal law enforcement
agency for law enforcement purposes may be disclosed only--
(A) to criminal justice agencies for law enforcement
identification purposes;
(B) in judicial proceedings, if otherwise admissible
pursuant to applicable statues or rules; and
(C) for criminal defense purposes, to a defendant, who
shall have access to samples and analyses performed in
connection with the case in which such defendant is charged.
(2) Exception.--If personally identifiable information is
removed, test results may be disclosed for a population
statistics database, for identification research and protocol
development purposes, or for quality control purposes.
(c) Criminal Penalty.--(1) A person who--
(A) by virtue of employment or official position, has
possession of, or access to, individually identifiable DNA
information indexed in a database created or maintained by
any Federal law enforcement agency; and
(B) knowingly discloses such information in any manner to
any person or agency not authorized to receive it,
shall be fined not more than $100,000.
(2) A person who, without authorization, knowingly obtains
DNA samples or individually identifiable DNA information
indexed in a database created or maintained by any Federal
law enforcement agency shall be fined not more than $100,000.
SEC. 210306. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Federal
Bureau of Investigation to carry out sections 210303, 210304,
and 210305--
(1) $5,500,000 for fiscal year 1996;
(2) $8,000,000 for fiscal year 1997;
(3) $8,000,000 for fiscal year 1998;
(4) $2,500,000 for fiscal year 1999; and
(5) $1,000,000 for fiscal year 2000.
Subtitle D--Police Pattern or Practice
SEC. 210401. CAUSE OF ACTION.
(a) Unlawful Conduct.--It shall be unlawful for any
governmental authority, or any agent thereof, or any person
acting on behalf of a governmental authority, to engage in a
pattern or practice of conduct by law enforcement officers or
by officials or employees of any governmental agency with
responsibility for the administration of juvenile justice or
the incarceration of juveniles that deprives persons of
rights, privileges, or immunities secured or protected by the
Constitution or laws of the United States.
(b) Civil Action by Attorney General.--Whenever the
Attorney General has reasonable cause to believe that a
violation of paragraph (1) has occurred, the Attorney
General, for or in the name of the United States, may in a
civil action obtain appropriate equitable and declaratory
relief to eliminate the pattern or practice.
SEC. 210402. DATA ON USE OF EXCESSIVE FORCE.
(a) Attorney General To Collect.--The Attorney General
shall, through appropriate means, acquire data about the use
of excessive force by law enforcement officers.
(b) Limitation on Use of Data.--Data acquired under this
section shall be used only for research or statistical
purposes and may not contain any information that may reveal
the identity of the victim or any law enforcement officer.
(c) Annual Summary.--The Attorney General shall publish an
annual summary of the data acquired under this section.
[[Page 1841]]
Subtitle E--Improved Training and Technical Automation
SEC. 210501. IMPROVED TRAINING AND TECHNICAL AUTOMATION.
(a) Grants.--
(1) In general.--The Attorney General shall, subject to the
availability of appropriations, make grants to State, Indian
tribal, and local criminal justice agencies and to nonprofit
organizations for the purposes of improving criminal justice
agency efficiency through computerized automation and
technological improvements.
(2) Types of programs.--Grants under this section may
include programs to--
(A) increase use of mobile digital terminals;
(B) improve communications systems, such as computer-aided
dispatch and incident reporting systems;
(C) accomplish paper-flow reduction;
(D) establish or improve ballistics identification
programs;
(E) increase the application of automated fingerprint
identification systems and their communications on an
interstate and intrastate basis; and
(F) improve computerized collection of criminal records.
(3) Funding.--No funds under this subtitle may be used to
implement any cryptographic or digital telephony programs.
(b) Training and Investigative Assistance.--
(1) In general.--The Attorney General shall, subject to the
availability of appropriations--
(A) expand and improve investigative and managerial
training courses for State, Indian tribal, and local law
enforcement agencies; and
(B) develop and implement, on a pilot basis with no more
than 10 participating cities, an intelligent information
system that gathers, integrates, organizes, and analyzes
information in active support of investigations by Federal,
State, and local law enforcement agencies of violent serial
crimes.
(2) Improvement of facilities.--The improvement described
in subsection (a) shall include improvements of the training
facilities of the Federal Bureau of Investigation Academy at
Quantico, Virginia.
(3) Intelligent information system.--The intelligent
information system described in paragraph (1)(B) shall be
developed and implemented by the Federal Bureau of
Investigation and shall utilize the resources of the Violent
Criminal Apprehension Program.
(c) Authorization of Appropriations.--There are authorized
to be appropriated--
(1) to carry out subsection (a)--
(A) $10,000,000 for fiscal year 1996;
(B) $20,000,000 for fiscal year 1997;
(C) $23,000,000 for fiscal year 1998;
(D) $23,000,000 for fiscal year 1999; and
(E) $24,000,000 for fiscal year 2000.
(2) to carry out subsection (b)(1)--
(A) $4,000,000 for fiscal year 1996;
(B) $2,000,000 for fiscal year 1997;
(C) $3,000,000 for fiscal year 1998;
(D) $5,000,000 for fiscal year 1999; and
(E) $6,000,000 for fiscal year 2000; and
(3) to carry out subsection (b)(2)--
$10,000,000 for fiscal year 1996.
(d) Definitions.--In this section--
``Indian tribe'' means a tribe, band, pueblo, nation, or
other organized group or community of Indians, including an
Alaska Native village (as defined in or established under the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.),
that is recognized as eligible for the special programs and
services provided by the United States to Indians because of
their status as Indians.
``State'' means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, American Samoa, Guam, and the United States
Virgin Islands.
Subtitle F--Other State and Local Aid
SEC. 210601. REAUTHORIZATION OF OFFICE OF JUSTICE PROGRAMS.
Section 1001(a) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended--
(1) in paragraph (1) by striking ``1993 and 1994'' and
inserting ``1994 and 1995'';
(2) in paragraph (2) by striking ``1993 and 1994'' and
inserting ``1994 and 1995'';
(3) in paragraph (3) by striking ``1993 and 1994'' and
inserting ``1994 and 1995'';
(4) in paragraph (5) by striking ``1993 and 1994'' and
inserting ``1994 and 1995'';
(5) in paragraph (6) by inserting ``and 1995'' after
``1994'';
(6) in paragraph (7) by striking ``1991, 1992, 1993, and
1994,'' and inserting ``1994 and 1995'';
(7) in paragraph (8) by inserting ``and 1995'' after
``1994''; and
(8) in paragraph (9) by inserting ``and 1995'' after
``1994''.
SEC. 210602. FEDERAL ASSISTANCE TO EASE THE INCREASED BURDENS
ON STATE COURT SYSTEMS RESULTING FROM ENACTMENT
OF THIS ACT.
(a) In General.--The Attorney General shall, subject to the
availability of appropriation, make grants for States and
units of local government to pay the costs of providing
increased resources for courts, prosecutors, public
defenders, and other criminal justice participants as
necessary to meet the increased demands for judicial
activities resulting from the provisions of this Act and
amendments made by this Act.
(b) Applications.--In carrying out this section, the
Attorney General may make grants to, or enter into contracts
with public or private agencies, institutions, or
organizations or individuals to carry out any purpose
specified in this section. The Attorney General shall have
final authority over all funds awarded under this section.
(c) Records.--Each recipient that receives a grant under
this section shall keep such records as the Attorney General
may require to facilitate an effective audit.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
(1) $23,000,000 for fiscal year 1996;
(2) $30,000,000 for fiscal year 1997;
(3) $30,000,000 for fiscal year 1998;
(4) $32,000,000 for fiscal year 1999; and
(5) $35,000,000 for fiscal year 2000,
to remain available for obligation until expended.
SEC. 210603. AVAILABILITY OF VIOLENT CRIME REDUCTION TRUST
FUND TO FUND ACTIVITIES AUTHORIZED BY THE BRADY
HANDGUN VIOLENCE PREVENTION ACT AND THE
NATIONAL CHILD PROTECTION ACT OF 1993.
(a) Appropriations.--Of the amounts authorized in Sections
103(k) and 106(b)(2) of the Brady Handgun Violence Prevention
Act (18 U.S.C. 922 note) and in section 4(b) of the National
Child Protection Act of 1993 (42 U.S.C. 5119b(b)), a total of
$100,000,000 for fiscal year 1995, $25,000,000 for fiscal
year 1996, and $25,000,000 for fiscal year 1997 may be
appropriated from the Violent Crime Reduction Trust Fund
established by this Act.
(b) Technical Amendment.--Sections 103(k) and 106(b) of the
Brady Handgun Violence Prevention Act (18 U.S.C. 922 note)
are each amended by striking ``, which may be appropriated
from the Violent Crime Reduction Trust Fund,''.
TITLE XXII--MOTOR VEHICLE THEFT PREVENTION
SEC. 220001. SHORT TITLE.
This title may be cited as the ``Motor Vehicle Theft
Prevention Act''.
SEC. 220002. MOTOR VEHICLE THEFT PREVENTION PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this section, the Attorney General shall
develop, in cooperation with the States, a national voluntary
motor vehicle theft prevention program (in this section
referred to as the ``program'') under which--
(1) the owner of a motor vehicle may voluntarily sign a
consent form with a participating State or locality in which
the motor vehicle owner--
(A) states that the vehicle is not normally operated under
certain specified conditions; and
(B) agrees to--
(i) display program decals or devices on the owner's
vehicle; and
(ii) permit law enforcement officials in any State to stop
the motor vehicle and take reasonable steps to determine
whether the vehicle is being operated by or with the
permission of the owner, if the vehicle is being operated
under the specified conditions; and
(2) participating States and localities authorize law
enforcement officials in the State or locality to stop motor
vehicles displaying program decals or devices under specified
conditions and take reasonable steps to determine whether the
vehicle is being operated by or with the permission of the
owner.
(b) Uniform Decal or Device Designs.--
(1) In general.--The motor vehicle theft prevention program
developed pursuant to this section shall include a uniform
design or designs for decals or other devices to be displayed
by motor vehicles participating in the program.
(2) Type of design.--The uniform design shall--
(A) be highly visible; and
(B) explicitly state that the motor vehicle to which it is
affixed may be stopped under the specified conditions without
additional grounds for establishing a reasonable suspicion
that the vehicle is being operated unlawfully.
(c) Voluntary Consent Form.--The voluntary consent form
used to enroll in the program shall--
(1) clearly state that participation in the program is
voluntary;
(2) clearly explain that participation in the program means
that, if the participating vehicle is being operated under
the specified conditions, law enforcement officials may stop
the vehicle and take reasonable steps to determine whether it
is being operated by or with the consent of the owner, even
if the law enforcement officials have no other basis for
believing that the vehicle is being operated unlawfully;
(3) include an express statement that the vehicle is not
normally operated under the specified conditions and that the
operation of the vehicle under those conditions would provide
sufficient grounds for a prudent law enforcement officer to
reasonably believe that the vehicle was not being operated by
or with the consent of the owner; and
(4) include any additional information that the Attorney
General may reasonably require.
(d) Specified Conditions Under Which Stops May Be
Authorized.--
(1) In general.--The Attorney General shall promulgate
rules establishing the conditions under which participating
motor vehicles may be authorized to be stopped under this
section. These conditions may not be based on race, creed,
color, national origin, gender, or age. These conditions may
include--
(A) the operation of the vehicle during certain hours of
the day; or
(B) the operation of the vehicle under other circumstances
that would provide a
[[Page 1842]]
sufficient basis for establishing a reasonable suspicion that
the vehicle was not being operated by the owner, or with the
consent of the owner.
(2) More than one set of conditions.--The Attorney General
may establish more than one set of conditions under which
participating motor vehicles may be stopped. If more than one
set of conditions is established, a separate consent form and
a separate design for program decals or devices shall be
established for each set of conditions. The Attorney General
may choose to satisfy the requirement of a separate design
for program decals or devices under this paragraph by the use
of a design color that is clearly distinguishable from other
design colors.
(3) No new conditions without consent.--After the program
has begun, the conditions under which a vehicle may be
stopped if affixed with a certain decal or device design may
not be expanded without the consent of the owner.
(4) Limited participation by states and localities.--A
State or locality need not authorize the stopping of motor
vehicles under all sets of conditions specified under the
program in order to participate in the program.
(e) Motor Vehicles for Hire.--
(1) Notification to lessees.--Any person who is in the
business of renting or leasing motor vehicles and who rents
or leases a motor vehicle on which a program decal or device
is affixed shall, prior to transferring possession of the
vehicle, notify the person to whom the motor vehicle is
rented or leased about the program.
(2) Type of notice.--The notice required by this subsection
shall--
(A) be in writing;
(B) be in a prominent format to be determined by the
Attorney General; and
(C) explain the possibility that if the motor vehicle is
operated under the specified conditions, the vehicle may be
stopped by law enforcement officials even if the officials
have no other basis for believing that the vehicle is being
operated unlawfully.
(3) Fine for failure to provide notice.--Failure to provide
proper notice under this subsection shall be punishable by a
fine not to exceed $5,000.
(f) Notification of Police.--As a condition of
participating in the program, a State or locality must agree
to take reasonable steps to ensure that law enforcement
officials throughout the State or locality are familiar with
the program, and with the conditions under which motor
vehicles may be stopped under the program.
(g) Regulations.--The Attorney General shall promulgate
regulations to implement this section.
(h) Authorization of Appropriations.--There are authorized
to carry out this section.
(1) $1,500,000 for fiscal year 1996;
(2) $1,700,000 for fiscal year 1997; and
(3) $1,800,000 for fiscal year 1998.
SEC. 220003. ALTERING OR REMOVING MOTOR VEHICLE
IDENTIFICATION NUMBERS.
(a) Basic Offense.--Subsection (a) of section 511 of title
18, United States Code, is amended to read as follows:
``(a) A person who--
``(1) knowingly removes, obliterates, tampers with, or
alters an identification number for a motor vehicle or motor
vehicle part; or
``(2) with intent to further the theft of a motor vehicle,
knowingly removes, obliterates, tampers with, or alters a
decal or device affixed to a motor vehicle pursuant to the
Motor Vehicle Theft Prevention Act,
shall be fined under this title, imprisoned not more than 5
years, or both.''.
(b) Excepted Persons.--Paragraph (2) of section 511(b) of
title 18, United States Code, is amended--
(1) by striking ``and'' after the semicolon in subparagraph
(B);
(2) by striking the period at the end of subparagraph (C)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) a person who removes, obliterates, tampers with, or
alters a decal or device affixed to a motor vehicle pursuant
to the Motor Vehicle Theft Prevention Act, if that person is
the owner of the motor vehicle, or is authorized to remove,
obliterate, tamper with or alter the decal or device by--
``(i) the owner or his authorized agent;
``(ii) applicable State or local law; or
``(iii) regulations promulgated by the Attorney General to
implement the Motor Vehicle Theft Prevention Act.''.
(c) Definition.--Section 511 of title 18, United States
Code, is amended by adding at the end thereof the following:
``(d) For purposes of subsection (a) of this section, the
term `tampers with' includes covering a program decal or
device affixed to a motor vehicle pursuant to the Motor
Vehicle Theft Prevention Act for the purpose of obstructing
its visibility.''.
(d) Unauthorized Application of a Decal or Device.--
(1) In general.--Chapter 25 of title 18, United States
Code, is amended by adding after section 511 the following
new section:
``Sec. 511A. Unauthorized application of theft prevention
decal or device
``(a) Whoever affixes to a motor vehicle a theft prevention
decal or other device, or a replica thereof, unless
authorized to do so pursuant to the Motor Vehicle Theft
Prevention Act, shall be punished by a fine not to exceed
$1,000.
``(b) For purposes of this section, the term `theft
prevention decal or device' means a decal or other device
designed in accordance with a uniform design for such devices
developed pursuant to the Motor Vehicle Theft Prevention
Act.''.
(2) Technical amendment.--The chapter analysis for chapter
25 of title 18, United States Code, is amended by adding
after the item relating to section 511 the following new
item:
``511A. Unauthorized application of theft prevention decal or
device.''.
TITLE XXIII--VICTIMS OF CRIME
Subtitle A--Victims of Crime
SEC. 230101. VICTIM'S RIGHT OF ALLOCUTION IN SENTENCING.
(a) Modification of Proposed Amendments.--The proposed
amendments to the Federal Rules of Criminal Procedure which
are embraced by an order entered by the Supreme Court of the
United States on April 29, 1994, shall take effect on
December 1, 1994, as otherwise provided by law, but with the
following amendments:
(b) In General.--Rule 32 of the Federal Rules of Criminal
Procedure is amended by--
(1) striking ``and'' following the semicolon in subdivision
(c)(3)(C);
(2) striking the period at the end of subdivision (c)(3)(D)
and inserting ``; and'';
(3) inserting after subdivision (c)(3)(D) the following:
``(E) if sentence is to be imposed for a crime of violence
or sexual abuse, address the victim personally if the victim
is present at the sentencing hearing and determine if the
victim wishes to make a statement or present any information
in relation to the sentence.'';
(4) in subdivision (c)(3)(D), striking ``equivalent
opportunity'' and inserting in lieu thereof ``opportunity
equivalent to that of the defendant's counsel'';
(5) in the last sentence of subdivision (c)(4), striking
``and (D)'' and inserting ``(D), and (E)'';
(6) in the last sentence of subdivision (c)(4), inserting
``the victim,'' before ``or the attorney for the
Government.''; and
(7) adding at the end the following:
``(f) Definitions.--For purposes of this rule--
``(1) `victim' means any individual against whom an offense
has been committed for which a sentence is to be imposed, but
the right of allocution under subdivision (c)(3)(E) may be
exercised instead by--
``(A) a parent or legal guardian if the victim is below the
age of eighteen years or incompetent; or
``(B) one or more family members or relatives designated by
the court if the victim is deceased or incapacitated;
if such person or persons are present at the sentencing
hearing, regardless of whether the victim is present; and
``(2) `crime of violence or sexual abuse' means a crime
that involved the use or attempted or threatened use of
physical force against the person or property of another, or
a crime under chapter 109A of title 18, United States
Code.''.
(c) Effective Date.--The amendments made by subsection (b)
shall become effective on December 1, 1994.
SEC. 230102. SENSE OF THE SENATE CONCERNING THE RIGHT OF A
VICTIM OF A VIOLENT CRIME OR SEXUAL ABUSE TO
SPEAK AT AN OFFENDER'S SENTENCING HEARING AND
ANY PAROLE HEARING.
It is the sense of the Senate that--
(1) the law of a State should provide for a victim's right
of allocution at a sentencing hearing and at any parole
hearing if the offender has been convicted of a crime of
violence or sexual abuse;
(2) such a victim should have an opportunity equivalent to
the opportunity accorded to the offender to address the
sentencing court or parole board and to present information
in relation to the sentence imposed or to the early release
of the offender; and
(3) if the victim is not able to or chooses not to testify
at a sentencing hearing or parole hearing, the victim's
parents, legal guardian, or family members should have the
right to address the court or board.
Subtitle B--Crime Victims' Fund
SEC. 230201. ALLOCATION OF FUNDS FOR COSTS AND GRANTS.
(a) Generally.--Section 1402(d) of the Victims of Crime Act
of 1984 (42 U.S.C. 10601(d)) is amended by--
(1) striking paragraph (2) and inserting the following:
``(2) the next $10,000,000 deposited in the Fund shall be
available for grants under section 1404A.'';
(2) striking paragraph (3) and inserting the following:
``(3) Of the remaining amount deposited in the Fund in a
particular fiscal year--
``(A) 48.5 percent shall be available for grants under
section 1403;
``(B) 48.5 percent shall be available for grants under
section 1404(a); and
``(C) 3 percent shall be available for grants under section
1404(c).'';
(3) striking paragraph (4) and inserting the following:
``(4) The Director may retain any portion of the Fund that
was deposited during a fiscal year that is in excess of 110
percent of the total amount deposited in the Fund during the
preceding fiscal year as a reserve for use in a year in which
the Fund falls below the amount available in the previous
year. Such reserve may not exceed $20,000,000.''; and
(4) striking paragraph (5).
[[Page 1843]]
(b) Conforming Cross Reference.--Section 1402(g)(1) of the
Victims of Crime Act of 1984 (42 U.S.C. 10601(g)(1)) is
amended by striking ``(d)(2)(D)'' and inserting ``(d)(2)''.
SEC. 230202. RELATIONSHIP OF CRIME VICTIM COMPENSATION TO
CERTAIN FEDERAL PROGRAMS.
Section 1403 of the Victims of Crime Act of 1984 (42 U.S.C.
10602) is amended by adding at the end the following new
subsection:
``(e) Notwithstanding any other law, if the compensation
paid by an eligible crime victim compensation program would
cover costs that a Federal program, or a federally financed
State or local program, would otherwise pay,--
``(1) such crime victim compensation program shall not pay
that compensation; and
``(2) the other program shall make its payments without
regard to the existence of the crime victim compensation
program.''.
SEC. 230203. ADMINISTRATIVE COSTS FOR CRIME VICTIM
COMPENSATION.
(a) Creation of Exception.--The final sentence of section
1403(a)(1) of the Victims of Crime Act of 1984 (42 U.S.C.
10602(a)(1)) is amended by striking ``A grant'' and inserting
``Except as provided in paragraph (3), a grant''.
(b) Requirements of Exception.--Section 1403(a) of the
Victims of Crime Act of 1984 (42 U.S.C. 10602(a)) is amended
by adding at the end the following new paragraph:
``(3) Not more than 5 percent of a grant made under this
section may be used for the administration of the State crime
victim compensation program receiving the grant.''.
SEC. 230204. GRANTS FOR DEMONSTRATION PROJECTS.
Section 1404(c)(1)(A) of the Victims of Crime Act of 1984
(42 U.S.C. 10603(c)(1)(A)) is amended by inserting
``demonstration projects and'' before ``training''.
SEC. 230205. ADMINISTRATIVE COSTS FOR CRIME VICTIM
ASSISTANCE.
(a) Creation of Exception.--Section 1404(b)(2) of the
Victims of Crime Act of 1984 (42 U.S.C. 10603(b)(2)) is
amended by striking ``An eligible'' and inserting ``Except as
provided in paragraph (3), an eligible''.
(b) Requirements of Exception.--Section 1404(b) of the
Victims of Crime Act of 1984 (42 U.S.C. 10603(b)) is amended
by adding at the end the following new subsection:
``(3) Not more than 5 percent of sums received under
subsection (a) may be used for the administration of the
State crime victim assistance program receiving such sums.''.
SEC. 230206. MAINTENANCE OF EFFORT.
Section 1407 of the Victims of Crime Act of 1984 (42 U.S.C.
10604) is amended by adding at the end the following new
subsection:
``(h) Each entity receiving sums made available under this
Act for administrative purposes shall certify that such sums
will not be used to supplant State or local funds, but will
be used to increase the amount of such funds that would, in
the absence of Federal funds, be made available for these
purposes.''.
SEC. 230207. CHANGE OF DUE DATE FOR REQUIRED REPORT.
Section 1407(g) of the Victims of Crime Act of 1984 (42
U.S.C. 10604(g)) is amended by striking ``and on December 31
every two years thereafter'', and inserting ``and on June 30
every two years thereafter''.
SEC. 230208. AMENDMENT OF THE VICTIMS OF CRIME ACT.
Section 1404(a)(5)(B) of the Victims of Crime Act of 1984
(42 U.S.C. 10603(a)(5)(B)) is amended to read as follows:
``(B) $200,000 thereafter.''.
TITLE XXIV--PROTECTIONS FOR THE ELDERLY
SEC. 240001. MISSING ALZHEIMER'S DISEASE PATIENT ALERT
PROGRAM.
(a) Grant.--The Attorney General shall, subject to the
availability of appropriations, award a grant to an eligible
organization to assist the organization in paying for the
costs of planning, designing, establishing, and operating a
Missing Alzheimer's Disease Patient Alert Program, which
shall be a locally based, proactive program to protect and
locate missing patients with Alzheimer's disease and related
dementias.
(b) Application.--To be eligible to receive a grant under
subsection (a), an organization shall submit an application
to the Attorney General at such time, in such manner, and
containing such information as the Attorney General may
require, including, at a minimum, an assurance that the
organization will obtain and use assistance from private
nonprofit organizations to support the program.
(c) Eligible Organization.--The Attorney General shall
award the grant described in subsection (a) to a national
voluntary organization that has a direct link to patients,
and families of patients, with Alzheimer's disease and
related dementias.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
(1) $900,000 for fiscal year 1996;
(2) $900,000 for fiscal year 1997; and
(3) $900,000 for fiscal year 1998.
SEC. 240002. CRIMES AGAINST THE ELDERLY.
(a) In General.--Pursuant to its authority under the
Sentencing Reform Act of 1984 and section 21 of the
Sentencing Act of 1987 (including its authority to amend the
sentencing guidelines and policy statements) and its
authority to make such amendments on an emergency basis, the
United States Sentencing Commission shall ensure that the
applicable guideline range for a defendant convicted of a
crime of violence against an elderly victim is sufficiently
stringent to deter such a crime, to protect the public from
additional crimes of such a defendant, and to adequately
reflect the heinous nature of such an offense.
(b) Criteria.--In carrying out subsection (a), the United
States Sentencing Commission shall ensure that--
(1) the guidelines provide for increasingly severe
punishment for a defendant commensurate with the degree of
physical harm caused to the elderly victim;
(2) the guidelines take appropriate account of the
vulnerability of the victim; and
(3) the guidelines provide enhanced punishment for a
defendant convicted of a crime of violence against an elderly
victim who has previously been convicted of a crime of
violence against an elderly victim, regardless of whether the
conviction occurred in Federal or State court.
(c) Definitions.--In this section--
``crime of violence'' means an offense under section 113,
114, 1111, 1112, 1113, 1117, 2241, 2242, or 2244 of title 18,
United States Code.
``elderly victim'' means a victim who is 65 years of age or
older at the time of an offense.
TITLE XXV--SENIOR CITIZENS AGAINST MARKETING SCAMS
SEC. 250001. SHORT TITLE.
This Act may be cited as the ``Senior Citizens Against
Marketing Scams Act of 1994''.
SEC. 250002. ENHANCED PENALTIES FOR TELEMARKETING FRAUD.
(a) Offense.--Part I of title 18, United States Code, is
amended--
(1) by redesignating chapter 113A as chapter 113B; and
(2) by inserting after chapter 113 the following new
chapter:
``CHAPTER 113A--TELEMARKETING FRAUD
``Sec.
``2325. Definition.
``2326. Enhanced penalties.
``2327. Mandatory restitution.
``Sec. 2325. Definition
``In this chapter, `telemarketing'--
``(1) means a plan, program, promotion, or campaign that is
conducted to induce--
``(A) purchases of goods or services; or
``(B) participation in a contest or sweepstakes,
by use of 1 or more interstate telephone calls initiated
either by a person who is conducting the plan, program,
promotion, or campaign or by a prospective purchaser or
contest or sweepstakes participant; but
``(2) does not include the solicitation of sales through
the mailing of a catalog that--
``(A) contains a written description or illustration of the
goods or services offered for sale;
``(B) includes the business address of the seller;
``(C) includes multiple pages of written material or
illustration; and
``(D) has been issued not less frequently than once a year,
if the person making the solicitation does not solicit
customers by telephone but only receives calls initiated by
customers in response to the catalog and during those calls
take orders without further solicitation.
``Sec. 2326. Enhanced penalties
``A person who is convicted of an offense under section
1028, 1029, 1341, 1342, 1343, or 1344 in connection with the
conduct of telemarketing--
``(1) may be imprisoned for a term of up to 5 years in
addition to any term of imprisonment imposed under any of
those sections, respectively; and
``(2) in the case of an offense under any of those sections
that--
``(A) victimized ten or more persons over the age of 55; or
``(B) targeted persons over the age of 55,
may be imprisoned for a term of up to 10 years in addition to
any term of imprisonment imposed under any of those sections,
respectively.
``Sec. 2327. Mandatory restitution
``(a) In General.--Notwithstanding section 3663, and in
addition to any other civil or criminal penalty authorized by
law, the court shall order restitution for any offense under
this chapter.
``(b) Scope and Nature of Order.--
``(1) Directions.--The order of restitution under this
section shall direct that--
``(A) the defendant pay to the victim (through the
appropriate court mechanism) the full amount of the victim's
losses as determined by the court, pursuant to paragraph (3);
and
``(B) the United States Attorney enforce the restitution
order by all available and reasonable means.
``(2) Enforcement by victim.--An order of restitution may
be enforced by a victim named in the order to receive the
restitution as well as by the United States Attorney, in the
same manner as a judgment in a civil action.
``(3) Definition.--For purposes of this subsection, the
term `full amount of the victim's losses' means all losses
suffered by the victim as a proximate result of the offense.
``(4) Order mandatory.--(A) The issuance of a restitution
order under this section is mandatory.
``(B) A court may not decline to issue an order under this
section because of--
``(i) the economic circumstances of the defendant; or
``(ii) the fact that a victim has, or is entitled to,
receive compensation for his or her injuries from the
proceeds of insurance or any other source.
``(C)(i) Notwithstanding subparagraph (A), the court may
take into account the economic circumstances of the defendant
in de-
[[Page 1844]]
termining the manner in which and the schedule according to
which the restitution is to be paid.
``(ii) For purposes of this subparagraph, the term
`economic circumstances' includes--
``(I) the financial resources and other assets of the
defendant;
``(II) projected earnings, earning capacity, and other
income of the defendant; and
``(III) any financial obligations of the defendant,
including obligations to dependents.
``(D) Subparagraph (A) does not apply if--
``(i) the court finds on the record that the economic
circumstances of the defendant do not allow for the payment
of any amount of a restitution order, and do not allow for
the payment of any or some portion of the amount of a
restitution order in the foreseeable future (under any
reasonable schedule of payments); and
``(ii) the court enters in its order the amount of the
victim's losses, and provides a nominal restitution award.
``(5) More than 1 offender.--When the court finds that more
than 1 offender has contributed to the loss of a victim, the
court may make each offender liable for payment of the full
amount of restitution or may apportion liability among the
offenders to reflect the level of contribution and economic
circumstances of each offender.
``(6) More than 1 victim.--When the court finds that more
than 1 victim has sustained a loss requiring restitution by
an offender, the court shall order full restitution of each
victim but may provide for different payment schedules to
reflect the economic circumstances of each victim.
``(7) Payment schedule.--An order under this section may
direct the defendant to make a single lump-sum payment or
partial payments at specified intervals.
``(8) Setoff.--Any amount paid to a victim under this
section shall be set off against any amount later recovered
as compensatory damages by the victim from the defendant in--
``(A) any Federal civil proceeding; and
``(B) any State civil proceeding, to the extent provided by
the law of the State.
``(9) Effect on other sources of compensation.--The
issuance of a restitution order shall not affect the
entitlement of a victim to receive compensation with respect
to a loss from insurance or any other source until the
payments actually received by the victim under the
restitution order fully compensate the victim for the loss.
``(10) Condition of probation or supervised release.--
Compliance with a restitution issued under this section shall
be a condition of any probation or supervised release of a
defendant. The court may revoke probation or a term of
supervised release, modify the terms or conditions of
probation or a term of supervised release, hold the defendant
in contempt pursuant to section 3583(e), or suspend the
offender's eligibility for any grant, contract, loan,
professional license, or commercial license provided by an
agency of the United States or with appropriated funds of the
United States if the defendant fails to comply with the
order. In determining whether to revoke probation or a term
of supervised release, modify the terms or conditions of
probation or supervised release or hold a defendant serving a
term of supervised release in contempt, the court shall
consider the defendant's employment status, earning ability
and financial resources, the willfulness of the defendant's
failure to comply, and any other circumstances that may have
a bearing on the defendant's ability to comply.
``(c) Proof of Claim.--
``(1) Affidavit.--Within 60 days after conviction and, in
any event, not later than 10 days prior to sentencing, the
United States Attorney (or the United States Attorney's
delegee), after consulting with the victim, shall prepare and
file an affidavit with the court listing the amounts subject
to restitution under this section. The affidavit shall be
signed by the United States Attorney (or the United States
Attorney's delegee) and the victim. Should the victim object
to any of the information included in the affidavit, the
United States Attorney (or the United States Attorney's
delegee) shall advise the victim that the victim may file a
separate affidavit and shall provide the victim with an
affidavit form which may be used to do so.
``(2) Objection.--If, after the defendant has been notified
of the affidavit, no objection is raised by the defendant,
the amounts attested to in the affidavit filed pursuant to
paragraph (1) shall be entered in the court's restitution
order. If objection is raised, the court may require the
victim or the United States Attorney (or the United States
Attorney's delegee) to submit further affidavits or other
supporting documents, demonstrating the victim's losses.
``(3) Additional documentation and testimony.--If the court
concludes, after reviewing the supporting documentation and
considering the defendant's objections, that there is a
substantial reason for doubting the authenticity or veracity
of the records submitted, the court may require additional
documentation or hear testimony on those questions. The
privacy of any records filed, or testimony heard, pursuant to
this section shall be maintained to the greatest extent
possible, and such records may be filed or testimony heard in
camera.
``(4) Final determination of losses.--If the victim's
losses are not ascertainable by the date that is 10 days
prior to sentencing as provided in paragraph (1), the United
States Attorney (or the United States Attorney's delegee)
shall so inform the court, and the court shall set a date for
the final determination of the victim's losses, not to exceed
90 days after sentencing. If the victim subsequently
discovers further losses, the victim shall have 60 days after
discovery of those losses in which to petition the court for
an amended restitution order. Such order may be granted only
upon a showing of good cause for the failure to include such
losses in the initial claim for restitutionary relief.
``(d) Modification of Order.--A victim or the offender may
petition the court at any time to modify a restitution order
as appropriate in view of a change in the economic
circumstances of the offender.
``(e) Reference to Magistrate or Special Master.--The court
may refer any issue arising in connection with a proposed
order of restitution to a magistrate or special master for
proposed findings of fact and recommendations as to
disposition, subject to a de novo determination of the issue
by the court.
``(f) Definition.--For purposes of this section, the term
`victim' includes the individual harmed as a result of a
commission of a crime under this chapter, including, in the
case of a victim who is incompetent, incapacitated, or
deceased, the legal guardian of the victim or representative
of the victim's estate, another family member, or any other
person appointed as suitable by the court, but in no event
shall the defendant be named as such representative or
guardian.''.
(b) Technical Amendments.--
(1) Part analysis.--The part analysis for part I of title
18, United States Code, is amended by striking the item
relating to chapter 113A and inserting the following:
``113A. Telemarketing fraud...................................2325 ....
``113B. Terrorism...........................................2331''.....
(2) Chapter 113b.--The chapter heading for chapter 113B of
title 18, United States Code, as redesignated by subsection
(a)(1), is amended to read as follows:
``CHAPTER 113B--TERRORISM''.
SEC. 250003. INCREASED PENALTIES FOR FRAUD AGAINST OLDER
VICTIMS.
(a) Review.--The United States Sentencing Commission shall
review and, if necessary, amend the sentencing guidelines to
ensure that victim related adjustments for fraud offenses
against older victims over the age of 55 are adequate.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Sentencing Commission shall report
to Congress the result of its review under subsection (a).
SEC. 250004. REWARDS FOR INFORMATION LEADING TO PROSECUTION
AND CONVICTION.
Section 3059 of title 18, United States Code, is amended by
adding at the end the following new subsection:
``(c)(1) In special circumstances and in the Attorney
General's sole discretion, the Attorney General may make a
payment of up to $10,000 to a person who furnishes
information unknown to the Government relating to a possible
prosecution under section 2326 which results in a conviction.
``(2) A person is not eligible for a payment under
paragraph (1) if--
``(A) the person is a current or former officer or employee
of a Federal, State, or local government agency or
instrumentality who furnishes information discovered or
gathered in the course of government employment;
``(B) the person knowingly participated in the offense;
``(C) the information furnished by the person consists of
an allegation or transaction that has been disclosed to the
public--
``(i) in a criminal, civil, or administrative proceeding;
``(ii) in a congressional, administrative, or General
Accounting Office report, hearing, audit, or investigation;
or
``(iii) by the news media, unless the person is the
original source of the information; or
``(D) when, in the judgment of the Attorney General, it
appears that a person whose illegal activities are being
prosecuted or investigated could benefit from the award.
``(3) For the purposes of paragraph (2)(C)(iii), the term
`original source' means a person who has direct and
independent knowledge of the information that is furnished
and has voluntarily provided the information to the
Government prior to disclosure by the news media.
``(4) Neither the failure of the Attorney General to
authorize a payment under paragraph (1) nor the amount
authorized shall be subject to judicial review.''.
SEC. 250005. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for the purposes of
carrying out this Act and the amendments made by this Act--
(1) for the Federal Bureau of Investigation to hire, equip,
and train special agents and support staff to investigate
telemarketing fraud cases--
(A) $750,000 for fiscal year 1996;
(B) $1,500,000 for fiscal year 1997;
(C) $1,500,000 for fiscal year 1998;
(D) $1,800,000 for fiscal year 1999; and
(E) $1,950,000 for fiscal year 2000;
(2) to hire, equip, and train Department of Justice
attorneys, assistant United States Attorneys, and support
staff to prosecute telemarketing fraud cases--
(A) $250,000 for fiscal year 1996;
(B) $500,000 for fiscal year 1997;
(C) $500,000 for fiscal year 1998;
(D) $600,000 for fiscal year 1999; and
(E) $650,000 for fiscal year 2000; and
(3) for the Department of Justice to conduct, in
cooperation with State and local law enforcement agencies and
senior citizen advocacy organizations, public awareness and
prevention initiatives for senior citizens, such as seminars
and training--
[[Page 1845]]
(A) $1,000,000 for fiscal year 1996;
(B) $2,000,000 for fiscal year 1997;
(C) $2,000,000 for fiscal year 1998;
(D) $2,500,000 for fiscal year 1999; and
(E) $2,500,000 for fiscal year 2000.
SEC. 250006. BROADENING APPLICATION OF MAIL FRAUD STATUTE.
Section 1341 of title 18, United States Code, is amended--
(1) by inserting ``or deposits or causes to be deposited
any matter or thing whatever to be sent or delivered by any
private or commercial interstate carrier,'' after ``Postal
Service,''; and
(2) by inserting ``or such carrier'' after ``causes to be
delivered by mail''.
SEC. 250007. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH
ACCESS DEVICES.
Section 1029 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``or'' at the end of paragraph (3); and
(B) by inserting after paragraph (4) the following new
paragraphs:
``(5) knowingly and with intent to defraud effects
transactions, with 1 or more access devices issued to another
person or persons, to receive payment or any other thing of
value during any 1-year period the aggregate value of which
is equal to or greater than $1,000;
``(6) without the authorization of the issuer of the access
device, knowingly and with intent to defraud solicits a
person for the purpose of--
``(A) offering an access device; or
``(B) selling information regarding or an application to
obtain an access device; or
``(7) without the authorization of the credit card system
member or its agent, knowingly and with intent to defraud
causes or arranges for another person to present to the
member or its agent, for payment, 1 or more evidences or
records of transactions made by an access device;'';
(2) in subsection (c)(1) by striking ``(a)(2) or (a)(3)''
and inserting ``(a) (2), (3), (5), (6), or (7)''; and
(3) in subsection (e)--
(A) by striking ``and'' at the end of paragraph (5);
(B) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(7) the term `credit card system member' means a
financial institution or other entity that is a member of a
credit card system, including an entity, whether affiliated
with or identical to the credit card issuer, that is the sole
member of a credit card system.''.
SEC. 250008. INFORMATION NETWORK.
(a) Hotline.--The Attorney General shall, subject to the
availability of appropriations, establish a national toll-
free hotline for the purpose of--
(1) providing general information on telemarketing fraud to
interested persons; and
(2) gathering information related to possible violations of
this Act.
(b) Action on Information Gathered.--The Attorney General
shall work in cooperation with the Federal Trade Commission
to ensure that information gathered through the hotline shall
be acted on in an appropriate manner.
TITLE XXVI--COMMISSION MEMBERSHIP AND APPOINTMENT
SEC. 260001. COMMISSION MEMBERSHIP AND APPOINTMENT.
(a) Membership.--Section 211(B)(f) of Public Law 101-515
(104 Stat. 2123) is amended to read as follows:
``(f) Number and Appointment.--
``(1) In general.--The Commission shall be composed of 29
members as follows:
``(A) Nine individuals appointed from national law
enforcement organizations representing law enforcement
officers, of whom--
``(i) two shall be appointed by the Speaker of the House of
Representatives;
``(ii) two shall be appointed by the majority leader of the
Senate;
``(iii) two shall be appointed by the minority leader of
the House of Representatives;
``(iv) two shall be appointed by the minority leader of the
Senate; and
``(v) one shall be appointed by the President.
``(B) Nine individuals appointed from national law
enforcement organizations representing law enforcement
management, of whom--
``(i) two shall be appointed by the Speaker of the House of
Representatives;
``(ii) two shall be appointed by the majority leader of the
Senate;
``(iii) two shall be appointed by the minority leader of
the House of Representatives;
``(iv) two shall be appointed by the minority leader of the
Senate; and
``(v) one shall be appointed by the President.
``(C) Two individuals appointed with academic expertise
regarding law enforcement issues, of whom--
``(i) one shall be appointed by the Speaker of the House of
Representatives and the majority leader of the Senate; and
``(ii) one shall be appointed by the minority leader of the
Senate and the minority leader of the House of
Representatives.
``(D) Two Members of the House of Representatives,
appointed by the Speaker and the minority leader of the House
of Representatives.
``(E) Two Members of the Senate, appointed by the majority
leader and the minority leader of the Senate.
``(F) One individual from the Department of Justice,
appointed by the President.
``(G) Two individuals representing a State or local
governmental entity, such as a Governor, mayor, or State
attorney general, to be appointed jointly by the majority
leader and the minority leader of the Senate.
``(H) Two individuals representing a State or local
governmental entity, such as a Governor, mayor, or State
attorney general, to be appointed jointly by the Speaker and
the minority leader of the House of Representatives.
``(2) Comptroller general.--The Comptroller General shall
serve in an advisory capacity and shall oversee the
methodology and approve of the Commission study.
``(3) Chairperson.--Upon their appointment the members of
the Commission shall select one of their number to act as
chairperson.
``(4) Appointment date.--Members of the Commission shall be
appointed no later than 90 days after the enactment of this
Act.''.
(b) Report.--Section 211(B)(p) of Public Law 101-515 (104
Stat. 2124) is amended by striking ``the expiration'' and all
that follows through ``this Act,'' and inserting ``March 31,
1996,''.
(c) Reimbursement.--
(1) Section 211(B)(i) of Public Law 101-515 (104 Stat.
2124) is amended by striking ``non-reimbursable'' and
inserting ``a reimbursable''.
(2) Section 211(b)(j) of Public Law 101-515 (104 Stat.
2124) is amended by adding after ``Commission'' the
following: ``, on a reimbursable basis,''.
SEC. 260002. CONFORMING AMENDMENT.
Section 3404(a) of Public Law 101-647 (42 U.S.C. 3721 note)
is repealed.
TITLE XXVII--PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL COMMISSION ON
CRIME PREVENTION AND CONTROL
SEC. 270001. PRESIDENTIAL SUMMIT.
Congress calls on the President to convene a national
summit on violence in America prior to convening the
Commission established under this title.
SEC. 270002. ESTABLISHMENT; COMMITTEES AND TASK FORCES;
REPRESENTATION.
(a) Establishment and Appointment of Members.--There is
established a commission to be known as the ``National
Commission on Crime Control and Prevention''. The Commission
shall be composed of 28 members appointed as follows:
(1) 10 persons by the President, not more than 6 of whom
shall be of the same major political party.
(2) 9 persons by the President pro tempore of the Senate, 5
of whom shall be appointed on the recommendation of the
Majority Leader of the Senate and the chairman of the
Committee on the Judiciary of the Senate, and 4 of whom shall
be appointed on the recommendation of the Minority Leader of
the Senate and the ranking minority member of the Committee
on the Judiciary of the Senate.
(3) 9 persons appointed by the Speaker of the House of
Representatives, in consultation with the chairman of the
Committee on the Judiciary of the House of Representatives,
and 4 of whom shall be appointed on the recommendation of the
Minority Leader of the House of Representatives, in
consultation with the ranking member of the Committee on the
Judiciary.
(b) Committees and Task Forces.--The Commission shall
establish committees or task forces from among its members
for the examination of specific subject areas and the
carrying out of other functions or responsibilities of the
Commission, including committees or task forces for the
examination of the subject areas of crime and violence
generally, the causes of the demand for drugs, violence in
schools, and violence against women, as described in
subsections (b) through (e) of section 270004.
(c) Representation.--(1) At least 1 member of the
Commission appointed by the President, at least 2 members of
the Commission appointed by the President pro tempore of the
Senate, and at least 2 members of the Commission appointed by
the Speaker of the House of Representatives shall be persons
well-qualified to participate in the Commission's examination
of the subject area of crime and violence generally, with
education, training, expertise, or experience in such areas
as law enforcement, law, sociology, psychology, social work,
and ethnography and urban poverty (including health care,
housing, education, and employment).
(2) At least 1 member of the Commission appointed by the
President, at least 2 members of the Commission appointed by
the President pro tempore of the Senate, and at least 2
members of the Commission appointed by the Speaker of the
House of Representatives shall be persons well-qualified to
participate in the Commission's examination of the subject
area of the causes of the demand for drugs, with education,
training, expertise, or experience in such areas as
addiction, biomedicine, sociology, psychology, law, and
ethnography and urban poverty (including health care,
housing, education, and employment).
(3) At least 1 member of the Commission appointed by the
President, at least 2 members of the Commission appointed by
the President pro tempore of the Senate, and at least 2
members of the Commission appointed by the Speaker of the
House of Representatives shall be persons well-qualified
[[Page 1846]]
to participate in the Commission's examination of the subject
area of violence in schools, with education, training,
expertise, or experience in such areas as law nforcement,
education, school governance policy and teaching, law,
sociology, psychology, and ethnography and urban poverty
(including health care, housing, education, and employment).
(4) At least 1 member of the Commission appointed by the
President, at least 2 members of the Commission appointed by
the President pro tempore of the Senate, and at least 2
members of the Commission appointed by the Speaker of the
House of Representatives shall be persons well-qualified to
participate in the Commission's examination of the subject
area of violence against women, as survivors of violence, or
as persons with education, training, expertise, or experience
in such areas as law enforcement, law, judicial
administration, prosecution, defense, victim services or
advocacy in sexual assault or domestic violence cases
(including medical services and counseling), and protection
of victims' rights.
SEC. 270003. PURPOSES.
The purposes of the Commission are as follows:
(1) To develop a comprehensive proposal for preventing and
controlling crime and violence in the United States,
including cost estimates for implementing any recommendations
made by the Commission.
(2) To bring attention to successful models and programs in
crime prevention and crime control.
(3) To reach out beyond the traditional criminal justice
community for ideas for controlling and preventing crime.
(4) To recommend improvements in the coordination of local,
State, Federal, and international crime control and
prevention efforts, including efforts relating to crime near
international borders.
(5) To make a comprehensive study of the economic and
social factors leading to or contributing to crime and
violence, including the causes of illicit drug use and other
substance abuse, and to develop specific proposals for
legislative and administrative actions to reduce crime and
violence and the factors that contribute to it.
(6) To recommend means of utilizing criminal justice
resources as effectively as possible, including targeting
finite correctional facility space to the most serious and
violent offenders, and considering increased use of
intermediate sanctions for offenders who can be dealt with
adequately by such means.
(7) To examine distinctive crime problems and the impact of
crime on members of minority groups, Indians living on
reservations, and other groups defined by race, ethnicity,
religion, age, disability, or other characteristics, and to
recommend specific responses to the distinctive crime
problems of such groups.
(8) To examine the problem of sexual assaults, domestic
violence, and other criminal and unlawful acts that
particularly affect women, and to recommend Federal, State,
and local strategies for more effectively preventing and
punishing such crimes and acts.
(9) To examine the treatment of victims in Federal, State,
and local criminal justice systems, and to develop
recommendations to enhance and protect the rights of victims.
(10) To examine the ability of Federal, State, and local
criminal justice systems to administer criminal law and
criminal sanctions impartially without discrimination on the
basis of race, ethnicity, religion, gender, or other legally
proscribed grounds, and to make recommendations for
correcting any deficiencies in the impartial administration
of justice on these grounds.
(11) To examine the nature, scope, causes, and complexities
of violence in schools and to recommend a comprehensive
response to that problem.
SEC. 270004. RESPONSIBILITIES OF THE COMMISSION.
(a) In General.--The responsibilities of the Commission
shall include such study and consultation as may be necessary
or appropriate to carry out the purposes set forth in section
270003, including the specific measures described in
subsections (b) through (e) in relation to the subject areas
addressed in those subsections.
(b) Crime and Violence Generally.--In addressing the
subject of crime and violence generally, the activities of
the Commission shall include the following:
(1) Reviewing the effectiveness of traditional criminal
justice approaches in preventing and controlling crime and
violence.
(2) Examining the impact that changes in Federal and State
law have had in controlling crime and violence.
(3) Examining the impact of changes in Federal immigration
laws and policies and increased development and growth along
United States international borders on crime and violence in
the United States, particularly among the Nation's youth.
(4) Examining the problem of youth gangs and providing
recommendations as to how to reduce youth involvement in
violent crime.
(5) Examining the extent to which the use of dangerous
weapons in the commission of crime has contributed to
violence and murder in the United States.
(6) Convening field hearings in various regions of the
country to receive testimony from a cross section of criminal
justice professionals, business leaders, elected officials,
medical doctors, and other persons who wish to participate.
(7) Reviewing all segments of the Nation's criminal justice
systems, including the law enforcement, prosecution, defense,
judicial, and corrections components in developing the crime
control and prevention proposal.
(c) Causes of the Demand for Drugs.--In addressing the
subject of the causes of the demand for drugs, the activities
of the Commission shall include the following:
(1) Examining the root causes of illicit drug use and abuse
in the United States, including by compiling existing
research regarding those root causes, and including
consideration of the following factors:
(A) The characteristics of potential illicit drug users and
abusers or drug traffickers, including age and social,
economic, and educational backgrounds.
(B) Environmental factors that contribute to illicit drug
use and abuse, including the correlation between
unemployment, poverty, and homelessness and drug
experimentation and abuse.
(C) The effects of substance use and abuse by a relative or
friend in contributing to the likelihood and desire of an
individual to experiment with illicit drugs.
(D) Aspects of, and changes in cultural values, attitudes
and traditions that contribute to illicit drug use and abuse.
(E) The physiological and psychological factors that
contribute to the desire for illicit drugs.
(2) Evaluating Federal, State, and local laws and policies
on the prevention of drug abuse, control of unlawful
production, distribution and use of controlled substances,
and the efficacy of sentencing policies with regard to those
laws.
(3) Analyzing the allocation of resources among
interdiction of controlled substances entering the United
States, enforcement of Federal laws relating to the unlawful
production, distribution, and use of controlled substances,
education with regard to and the prevention of the unlawful
use of controlled substances, and treatment and
rehabilitation of drug abusers.
(4) Analyzing current treatment and rehabilitation methods
and making recommendations for improvements.
(5) Identifying any existing gaps in drug abuse policy that
result from the lack of attention to the root causes of drug
abuse.
(6) Assessing the needs of government at all levels for
resources and policies for reducing the overall desire of
individuals to experiment with and abuse illicit drugs.
(7) Making recommendations regarding necessary improvements
in policies for reducing the use of illicit drugs in the
United States.
(d) Violence in Schools.--In addressing the subject of
violence in schools, the activities of the Commission shall
include the following:
(1) Defining the causes of violence in schools.
(2) Defining the scope of the national problem of violence
in schools.
(3) Providing statistics and data on the problem of
violence in schools on a State-by-State basis.
(4) Investigating the problem of youth gangs and their
relation to violence in schools and providing recommendations
on how to reduce youth involvement in violent crime in
schools.
(5) Examining the extent to which dangerous weapons have
contributed to violence and murder in schools.
(6) Exploring the extent to which the school environment
has contributed to violence in schools.
(7) Reviewing the effectiveness of current approaches in
preventing violence in schools.
(e) Violence Against Women.--In addressing the subject of
sexual assault, domestic violence, and other criminal and
unlawful acts that particularly affect women, the activities
of the Commission shall include the following:
(1) Evaluating the adequacy of, and making recommendations
regarding, current law enforcement efforts at the Federal,
State, and local levels to reduce the incidence of such
crimes and acts, and to punish those responsible for such
crimes and acts.
(2) Evaluating the adequacy of, and making recommendations
regarding, the responsiveness of prosecutors and courts to
such crimes and acts.
(3) Evaluating the adequacy of rules of evidence, practice,
and procedure to ensure the effective prosecution and
conviction of perpetrators of such crimes and acts and to
protect victims of such crimes and acts from abuse in legal
proceedings, making recommendations, where necessary, to
improve those rules.
(4) Evaluating the adequacy of pretrial release,
sentencing, incarceration, and post-conviction release in
relation to such crimes and acts.
(5) Evaluating the adequacy of, and making recommendations
regarding, the adequacy of Federal and State laws on sexual
assault and the need for a more uniform statutory response to
sex offenses, including sexual assaults and other sex
offenses committed by offenders who are known or related by
blood or marriage to the victim.
(6) Evaluating the adequacy of, and making recommendations
regarding, the adequacy of Federal and State laws on domestic
violence and the need for a more uniform statutory response
to domestic violence.
(7) Evaluating the adequacy of, and making recommendations
regarding, the adequacy of current education, prevention, and
protective services for victims of such crimes and acts.
(8) Assessing the issuance, formulation, and enforcement of
protective orders, whether or not related to a criminal
proceeding, and making recommendations for their more
[[Page 1847]]
effective use in domestic violence and stalking cases.
(9) Assessing the problem of stalking and recommending
effective means of response to the problem.
(10) Evaluating the adequacy of, and making recommendations
regarding, programs for public awareness and public
dissemination of information to prevent such crimes and acts.
(11) Evaluating the treatment of victims of such crimes and
acts in Federal, State, and local criminal justice systems,
and making recommendations designed to improve such
treatment.
SEC. 270005. ADMINISTRATIVE MATTERS.
(a) Chair.--The President shall designate a member of the
Commission to chair the Commission.
(b) No Additional Pay or Benefits; Per Diem.--Members of
the Commission shall receive no pay or benefits by reason of
their service on the Commission, but shall receive travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under sections 5702 and
5703 of title 5, United States Code.
(c) Vacancies.--Vacancies on the Commission shall be filled
in the same manner as initial appointments.
(d) Meetings Open to the Public.--The Commission shall be
considered to be an agency for the purposes of section 552b
of title 5, United States Code, relating to the requirement
that meetings of Federal agencies be open to the public.
SEC. 270006. STAFF AND SUPPORT SERVICES.
(a) Director.--With the approval of the Commission, the
chairperson shall appoint a staff director for the
Commission.
(b) Staff.--With the approval of the Commission, the staff
director may appoint and fix the compensation of staff
personnel for the Commission.
(c) Civil Service Laws.--The staff of the Commission shall
be appointed without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service. Staff compensation may be set without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
that title relating to classification and General Schedule
pay rates, but in no event shall any such personnel be
compensated at a rate greater than the rate of basic pay for
level ES-4 of the Senior Executive Service Schedule under
section 5382 of that title. The staff director shall be paid
at a rate not to exceed the rate of basic pay for level V of
the Executive Schedule.
(d) Consultants.--With the approval of the Commission, the
staff director may procure temporary and intermittent
services under section 3109(b) of title 5, United States
Code.
(e) Staff of Federal Agencies.--Upon the request of the
Commission, the head of any Federal agency may detail, on a
reimbursable basis, personnel of that agency to the
Commission to assist in carrying out its duties.
(f) Physical Facilities.--The Administrator of the General
Service Administration shall provide suitable office space
for the operation of the Commission. The facilities shall
serve as the headquarters of the Commission and shall include
all necessary equipment and incidentals required for proper
functioning.
SEC. 270007. POWERS.
(a) Hearings.--For the purposes of carrying out this title,
the Commission may conduct such hearings, sit and act at such
times and places, take such testimony, and receive such
evidence, as the Commission considers appropriate. The
Commission may administer oaths before the Commission.
(b) Delegation.--Any committee, task force, member, or
agent, of the Commission may, if authorized by the
Commission, take any action that the Commission is authorized
to take under this title.
(c) Access to Information.--The Commission may request
directly from any Federal agency or entity in the executive
or legislative branch such information as is needed to carry
out its functions.
(d) Mail.--The Commission may use the United States mails
in the same manner and under the same conditions as other
Federal agencies.
SEC. 270008. REPORT; TERMINATION.
Not later than 2 years after the date on which the
Commission is fully constituted under section 270001, the
Commission shall submit a detailed report to the Congress and
the President containing its findings and recommendations.
The Commission shall terminate 30 days after the submission
of its report.
SEC. 270009. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
title--
(1) $1,000,000 for fiscal year 1996.
TITLE XXVIII--SENTENCING PROVISIONS
SEC. 280001. IMPOSITION OF SENTENCE.
Section 3553(a)(4) of title 18, United States Code, is
amended to read as follows:
``(4) the kinds of sentence and the sentencing range
established for--
``(A) the applicable category of offense committed by the
applicable category of defendant as set forth in the
guidelines issued by the Sentencing Commission pursuant to
section 994(a)(1) of title 28, United States Code, and that
are in effect on the date the defendant is sentenced; or
``(B) in the case of a violation of probation or supervised
release, the applicable guidelines or policy statements
issued by the Sentencing Commission pursuant to section
994(a)(3) of title 28, United States Code;''.
SEC. 280002. TECHNICAL AMENDMENT TO MANDATORY CONDITIONS OF
PROBATION.
Section 3563(a)(3) of title 18, United States Code, is
amended by striking ``possess illegal controlled substances''
and inserting ``unlawfully possess a controlled substance''.
SEC. 280003. DIRECTION TO UNITED STATES SENTENCING COMMISSION
REGARDING SENTENCING ENHANCEMENTS FOR HATE
CRIMES.
(a) Definition.--In this section, ``hate crime'' means a
crime in which the defendant intentionally selects a victim,
or in the case of a property crime, the property that is the
object of the crime, because of the actual or perceived race,
color, religion, national origin, ethnicity, gender,
disability, or sexual orientation of any person.
(b) Sentencing Enhancement.--Pursuant to section 994 of
title 28, United States Code, the United States Sentencing
Commission shall promulgate guidelines or amend existing
guidelines to provide sentencing enhancements of not less
than 3 offense levels for offenses that the finder of fact at
trial determines beyond a reasonable doubt are hate crimes.
In carrying out this section, the United States Sentencing
Commission shall ensure that there is reasonable consistency
with other guidelines, avoid duplicative punishments for
substantially the same offense, and take into account any
mitigating circumstances that might justify exceptions.
SEC. 280004. AUTHORIZATION OF PROBATION FOR PETTY OFFENSES IN
CERTAIN CASES.
Section 3561(a)(3) of title 18, United States Code, is
amended by inserting ``that is not a petty offense'' before
the period.
SEC. 280005. FULL-TIME VICE CHAIRS OF THE UNITED STATES
SENTENCING COMMISSION.
(a) Establishment of Positions.--Section 991 (a) of title
28, United States Code, is amended--
(1) in the second sentence by striking the period and
inserting ``and three of whom shall be designated by the
President as Vice Chairs.'';
(2) in the fourth sentence by striking the period and
inserting ``, and of the three Vice Chairs, no more than two
shall be members of the same political party.''; and
(3) in the sixth sentence by striking ``Chairman'' and
inserting ``Chair, Vice Chairs,''.
(b) Terms and Compensation.--Section 992(c) of title 28,
United States Code, is amended--
(1) by amending the first sentence to read as follows:
``The Chair and Vice Chairs of the Commission shall hold
full-time positions and shall be compensated during their
terms of office at the annual rate at which judges of the
United States courts of appeals are compensated.'';
(2) in the second sentence by striking ''Chairman'' and
inserting ``Chair and Vice Chairs''; and
(3) in the third sentence by striking ``Chairman'' and
inserting ``Chair and Vice Chairs,''.
(c) Technical Amendments.--Chapter 58 of title 28, United
States Code, is amended--
(1) by striking ``Chairman'' each place it appears and
inserting ``Chair'';
(2) in the fifth sentence of section 991(a) by striking
``his'' and inserting ``the Attorney General's'';
(3) in the fourth sentence of section 992(c) by striking
``his'' and inserting ``the judge's'';
(4) in section 994(i)(2) by striking ``he'' and inserting
``the defendant'' and striking ``his'' and inserting ``the
defendant's''; and
(5) in section 996(a) by striking ``him'' and inserting
``the Staff Director''.
SEC. 280006. COCAINE PENALTY STUDY.
Not later than December 31, 1994, the United States
Sentencing Commission shall submit a report to Congress on
issues relating to sentences applicable to offenses involving
the possession or distribution of all forms of cocaine. The
report shall address the differences in penalty levels that
apply to different forms of cocaine and include any
recommendations that the Commission may have for retention or
modification of such differences in penalty levels.
TITLE XXIX--COMPUTER CRIME
SEC. 290001. COMPUTER ABUSE AMENDMENTS ACT OF 1994.
(a) Short Title.--This subtitle may be cited as the
``Computer Abuse Amendments Act of 1994''.
(b) Prohibition.--Section 1030(a)(5) of title 18, United
States Code, is amended to read as follows:
``(5)(A) through means of a computer used in interstate
commerce or communications, knowingly causes the transmission
of a program, information, code, or command to a computer or
computer system if--
``(i) the person causing the transmission intends that such
transmission will--
``(I) damage, or cause damage to, a computer, computer
system, network, information, data, or program; or
``(II) withhold or deny, or cause the withholding or
denial, of the use of a computer, computer services, system
or network, information, data or program; and
``(ii) the transmission of the harmful component of the
program, information, code, or command--
``(I) occurred without the authorization of the persons or
entities who own or are re-
[[Page 1848]]
sponsible for the computer system receiving the program,
information, code, or command; and
``(II)(aa) causes loss or damage to one or more other
persons of value aggregating $1,000 or more during any 1-year
period; or
``(bb) modifies or impairs, or potentially modifies or
impairs, the medical examination, medical diagnosis, medical
treatment, or medical care of one or more individuals; or
``(B) through means of a computer used in interstate
commerce or communication, knowingly causes the transmission
of a program, information, code, or command to a computer or
computer system--
``(i) with reckless disregard of a substantial and
unjustifiable risk that the transmission will--
``(I) damage, or cause damage to, a computer, computer
system, network, information, data or program; or
``(II) withhold or deny or cause the withholding or denial
of the use of a computer, computer services, system, network,
information, data or program; and
``(ii) if the transmission of the harmful component of the
program, information, code, or command--
``(I) occurred without the authorization of the persons or
entities who own or are responsible for the computer system
receiving the program, information, code, or command; and
``(II)(aa) causes loss or damage to one or more other
persons of a value aggregating $1,000 or more during any 1-
year period; or
``(bb) modifies or impairs, or potentially modifies or
impairs, the medical examination, medical diagnosis, medical
treatment, or medical care of one or more individuals;''.
(c) Penalty.--Section 1030(c) of title 18, United States
Code is amended--
(1) in paragraph (2)(B) by striking ``and'' after the
semicolon;
(2) in paragraph (3)(A) by inserting ``(A)'' after
``(a)(5)'';
(3) in paragraph (3)(B) by striking the period at the end
thereof and inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(4) a fine under this title or imprisonment for not more
than 1 year, or both, in the case of an offense under
subsection (a)(5)(B).''.
(d) Civil Action.--Section 1030 of title 18, United States
Code, is amended by adding at the end thereof the following
new subsection:
``(g) Any person who suffers damage or loss by reason of a
violation of the section, other than a violation of
subsection (a)(5)(B), may maintain a civil action against the
violator to obtain compensatory damages and injunctive relief
or other equitable relief. Damages for violations of any
subsection other than subsection (a)(5)(A)(ii)(II)(bb) or
(a)(5)(B)(ii)(II)(bb) are limited to economic damages. No
action may be brought under this subsection unless such
action is begun within 2 years of the date of the act
complained of or the date of the discovery of the damage.''.
(e) Reporting Requirements.--Section 1030 of title 18
United States Code, is amended by adding at the end the
following new subsection:
``(h) The Attorney General and the Secretary of the
Treasury shall report to the Congress annually, during the
first 3 years following the date of the enactment of this
subsection, concerning investigations and prosecutions under
section 1030(a)(5) of title 18, United States Code.''.
(f) Prohibition.--Section 1030(a)(3) of title 18, United
States Code, is amended by inserting ``adversely'' before
``affects the use of the Government's operation of such
computer''.
TITLE XXX--PROTECTION OF PRIVACY OF INFORMATION IN STATE MOTOR VEHICLE
RECORDS
SEC. 300001. SHORT TITLE.
This title may be cited as the ``Driver's Privacy
Protection Act of 1994''.
SEC. 300002. PROHIBITION ON RELEASE AND USE OF CERTAIN
PERSONAL INFORMATION FROM STATE MOTOR VEHICLE
RECORDS.
(a) In General.--Title 18, United States Code, is amended
by inserting after chapter 121 the following new chapter:
``CHAPTER 123--PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL
INFORMATION FROM STATE MOTOR VEHICLE RECORDS
``Sec. 2721. Prohibition on release and use of certain
personal information from State motor vehicle records
``(a) In General.--Except as provided in subsection (b), a
State department of motor vehicles, and any officer,
employee, or contractor, thereof, shall not knowingly
disclose or otherwise make available to any person or entity
personal information about any individual obtained by the
department in connection with a motor vehicle record.
``(b) Permissible Uses.--Personal information referred to
in subsection (a) shall be disclosed for use in connection
with matters of motor vehicle or driver safety and theft,
motor vehicle emissions, motor vehicle product alterations,
recalls, or advisories, performance monitoring of motor
vehicles and dealers by motor vehicle manufacturers, and
removal of non-owner records from the original owner records
of motor vehicle manufacturers to carry out the purposes of
the Automobile Information Disclosure Act, the Motor Vehicle
Information and Cost Saving Act, the National Traffic and
Motor Vehicle Safety Act of 1966, the Anti-Car Theft Act of
1992, and the Clean Air Act, and may be disclosed as follows:
``(1) For use by any government agency, including any court
or law enforcement agency, in carrying out its functions, or
any private person or entity acting on behalf of a Federal,
State, or local agency in carrying out its functions.
``(2) For use in connection with matters of motor vehicle
or driver safety and theft; motor vehicle emissions; motor
vehicle product alterations, recalls, or advisories;
performance monitoring of motor vehicles, motor vehicle parts
and dealers; motor vehicle market research activities,
including survey research; and removal of non-owner records
from the original owner records of motor vehicle
manufacturers.
``(3) For use in the normal course of business by a
legitimate business or its agents, employees, or contractors,
but only--
``(A) to verify the accuracy of personal information
submitted by the individual to the business or its agents,
employees, or contractors; and
``(B) if such information as so submitted is not correct or
is no longer correct, to obtain the correct information, but
only for the purposes of preventing fraud by, pursuing legal
remedies against, or recovering on a debt or security
interest against, the individual.
``(4) For use in connection with any civil, criminal,
administrative, or arbitral proceeding in any Federal, State,
or local court or agency or before any self-regulatory body,
including the service of process, investigation in
anticipation of litigation, and the execution or enforcement
of judgments and orders, or pursuant to an order of a
Federal, State, or local court.
``(5) For use in research activities, and for use in
producing statistical reports, so long as the personal
information is not published, redisclosed, or used to contact
individuals.
``(6) For use by any insurer or insurance support
organization, or by a self-insured entity, or its agents,
employees, or contractors, in connection with claims
investigation activities, antifraud activities, rating or
underwriting.
``(7) For use in providing notice to the owners of towed or
impounded vehicles.
``(8) For use by any licensed private investigative agency
or licensed security service for any purpose permitted under
this subsection.
``(9) For use by an employer or its agent or insurer to
obtain or verify information relating to a holder of a
commercial driver's license that is required under the
Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. App.
2710 et seq.).
``(10) For use in connection with the operation of private
toll transportation facilities.
``(11) For any other use in response to requests for
individual motor vehicle records if the motor vehicle
department has provided in a clear and conspicuous manner on
forms for issuance or renewal of operator's permits, titles,
registrations, or identification cards, notice that personal
information collected by the department may be disclosed to
any business or person, and has provided in a clear and
conspicuous manner on such forms an opportunity to prohibit
such disclosures.
``(12) For bulk distribution for surveys, marketing or
solicitations if the motor vehicle department has implemented
methods and procedures to ensure that--
``(A) individuals are provided an opportunity, in a clear
and conspicuous manner, to prohibit such uses; and
``(B) the information will be used, rented, or sold solely
for bulk distribution for surveys, marketing, and
solicitations, and that surveys, marketing, and solicitations
will not be directed at those individuals who have requested
in a timely fashion that they not be directed at them.
``(13) For use by any requester, if the requester
demonstrates it has obtained the written consent of the
individual to whom the information pertains.
``(14) For any other use specifically authorized under the
law of the State that holds the record, if such use is
related to the operation of a motor vehicle or public safety.
``(c) Resale or Redisclosure.--An authorized recipient of
personal information (except a recipient under subsection
(b)(11) or (12)) may resell or redisclose the information
only for a use permitted under subsection (b) (but not for
uses under subsection (b) (11) or (12)). An authorized
recipient under subsection (b)(11) may resell or redisclose
personal information for any purpose. An authorized recipient
under subsection (b)(12) may resell or redisclose personal
information pursuant to subsection (b)(12). Any authorized
recipient (except a recipient under subsection (b) (11)) that
resells or rediscloses personal information covered by this
title must keep for a period of 5 years records identifying
each person or entity that receives information and the
permitted purpose for which the information will be used and
must make such records available to the motor vehicle
department upon request.
``(d) Waiver Procedures.--A State motor vehicle department
may establish and carry out procedures under which the
department or its agents, upon receiving a request for
personal information that does not fall within one of the
exceptions in subsection (b), may mail a copy of the request
to the individual about whom the information was requested,
informing such individual of the request, together with a
statement to the effect that the information will not be
released unless the individual waives such individual's right
to privacy under this section.
[[Page 1849]]
``Sec. 2722. Additional unlawful acts
``(a) Procurement for Unlawful Purpose.--It shall be
unlawful for any person knowingly to obtain or disclose
personal information, from a motor vehicle record, for any
use not permitted under section 2721(b) of this title.
``(b) False Representation.--It shall be unlawful for any
person to make false representation to obtain any personal
information from an individual's motor vehicle record.
``Sec. 2723. Penalties
``(a) Criminal Fine.--A person who knowingly violates this
chapter shall be fined under this title.
``(b) Violations by State Department of Motor Vehicles.--
Any State department of motor vehicles that has a policy or
practice of substantial noncompliance with this chapter shall
be subject to a civil penalty imposed by the Attorney General
of not more than $5,000 a day for each day of substantial
noncompliance.
``Sec. 2724. Civil action
``(a) Cause of Action.--A person who knowingly obtains,
discloses or uses personal information, from a motor vehicle
record, for a purpose not permitted under this chapter shall
be liable to the individual to whom the information pertains,
who may bring a civil action in a United States district
court.
``(b) Remedies.--The court may award--
``(1) actual damages, but not less than liquidated damages
in the amount of $2,500;
``(2) punitive damages upon proof of willful or reckless
disregard of the law;
``(3) reasonable attorneys' fees and other litigation costs
reasonably incurred; and
``(4) such other preliminary and equitable relief as the
court determines to be appropriate.
``Sec. 2725. Definitions
``In this chapter--
``(1) `motor vehicle record' means any record that pertains
to a motor vehicle operator's permit, motor vehicle title,
motor vehicle registration, or identification card issued by
a department of motor vehicles;
``(2) `person' means an individual, organization or entity,
but does not include a State or agency thereof; and
``(3) `personal information' means information that
identifies an individual, including an individual's
photograph, social security number, driver identification
number, name, address (but not the 5-digit zip code),
telephone number, and medical or disability information, but
does not include information on vehicular accidents, driving
violations, and driver's status.''.
(b) Clerical Amendment.--The table of parts at the
beginning of part I of title 18, United States Code, is
amended by adding at the end the following new item:
``123. Prohibition on release and use of certain personal information
from State motor vehicle records.........................2271''....
SEC. 300003. EFFECTIVE DATE.
The amendments made by section 300002 shall become
effective on the date that is 3 years after the date of
enactment of this Act. After the effective date, if a State
has implemented a procedure under section 2721(b) (11) and
(12) of title 18, United States Code, as added by section
2902, for prohibiting disclosures or uses of personal
information, and the procedure otherwise meets the
requirements of subsection (b) (11) and (12), the State shall
be in compliance with subsection (b) (11) and (12) even if
the procedure is not available to individuals until they
renew their license, title, registration or identification
card, so long as the State provides some other procedure for
individuals to contact the State on their own initiative to
prohibit such uses or disclosures. Prior to the effective
date, personal information covered by the amendment made by
section 300002 may be released consistent with State law or
practice.
TITLE XXXI--VIOLENT CRIME REDUCTION TRUST FUND
SEC. 310001. CREATION OF VIOLENT CRIME REDUCTION TRUST FUND.
(a) Violent Crime Reduction Trust Fund.--There is
established a separate account in the Treasury, known as the
``Violent Crime Reduction Trust Fund'' (referred to in this
section as the ``Fund'') into which shall be transferred, in
accordance with subsection (b), savings realized from
implementation of section 5 of the Federal Workforce
Restructuring Act of 1994 (5 U.S.C. 3101 note; Public Law
103-226).
(b) Transfers Into the Fund.--On the first day of the
following fiscal years (or as soon thereafter as possible for
fiscal year 1995), the following amounts shall be transferred
from the general fund to the Fund--
(1) for fiscal year 1995, $2,423,000,000;
(2) for fiscal year 1996, $4,287,000,000;
(3) for fiscal year 1997, $5,000,000,000;
(4) for fiscal year 1998, $5,500,000,000;
(5) for fiscal year 1999, $6,500,000,000; and
(6) for fiscal year 2000, $6,500,000,000.
(c) Appropriations From the Fund.--(1) Amounts in the Fund
may be appropriated exclusively for the purposes authorized
in this Act and for those expenses authorized by any Act
enacted before this Act that are expressly qualified for
expenditure from the Fund.
(2) Amounts appropriated under paragraph (1) and outlays
flowing from such appropriations shall not be taken into
account for purposes of any budget enforcement procedures
under the Balanced Budget and Emergency Deficit Control Act
of 1985 except section 251A of that Act as added by
subsection (g), or for purposes of section 605(b) of the
Congressional Budget Act of 1974. Amounts of new budget
authority and outlays under paragraph (1) that are included
in concurrent resolutions on the budget shall not be taken
into account for purposes of sections 601(b), 606(b), and
606(c) of the Congressional Budget Act of 1974, or for
purposes of section 24 of House Concurrent Resolution 218
(One Hundred Third Congress).
(d) Listing of the Fund Among Government Trust Funds.--
Section 1321(a) of title 31, United States Code, is amended
by inserting at the end the following new paragraph:
``(91) Violent Crime Reduction Trust Fund.''.
(e) Requirement for the President To Report Annually on the
Status of the Trust Fund.--Section 1105(a) of title 31,
United States Code, is amended by adding at the end the
following new paragraphs:
``(30) information about the Violent Crime Reduction Trust
Fund, including a separate statement of amounts in that Trust
Fund.
``(31) an analysis displaying, by agency, proposed
reductions in full-time equivalent positions compared to the
current year's level in order to comply with section 5 of the
Federal Workforce Restructuring Act of 1994.''.
(f) Allocation and Suballocation of Amounts in the Fund.--
(1) In general.--Section 602(a) of the Congressional Budget
Act of 1974 is amended--
(A) in paragraph (1)(A) by striking ``and'' at the end of
clause (ii), by striking the semicolon and inserting a comma
at the end of clause (iii), and by adding after clause (iii)
the following:
``(iv) new budget authority from the Violent Crime
Reduction Trust Fund, and
``(v) outlays from the Violent Crime Reduction Trust
Fund;'';
(B) in paragraph (2) by striking ``and'' at the end of
subparagraph (B) and by adding after subparagraph (C) the
following:
``(D) new budget authority from the Violent Crime Reduction
Trust Fund; and
``(E) outlays from the Violent Crime Reduction Trust
Fund;''; and
(C) by adding at the end the following new paragraph:
``(4) No double counting.--Amounts allocated among
committees under clause (iv) or (v) of paragraph (1)(A) or
under subparagraph (D) or (E) of paragraph (2) shall not be
included within any other allocation under that paragraph.''.
(2) Fiscal year 1995.--The chairman of the Committee on the
Budget shall submit to the House of Representatives or the
Senate, as the case may be, appropriately revised allocations
under clauses (iv) and (v) of paragraph (1)(A) or
subparagraphs (D) and (E) of paragraph (2) of section 602(a)
of the Congressional Budget Act of 1974 for fiscal year 1995
to carry out subsection (b)(1).
(g) Violent Crime Reduction Trust Fund Sequestration.--
(1) Sequestration.--Part C of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by adding
after section 251 the following new section:
``SEC. 251A. SEQUESTRATION WITH RESPECT TO VIOLENT CRIME
REDUCTION TRUST FUND.
``(a) Sequestration.--Within 15 days after Congress
adjourns to end a session, there shall be a sequestration to
eliminate any budgetary excess in the Violent Crime Reduction
Trust Fund as described in subsection (b).
``(b) Eliminating a Budgetary Excess.--
``(1) In general.--Except as provided by paragraph (2),
appropriations from the Violent Crime Reduction Trust Fund
shall be reduced by a uniform percentage necessary to
eliminate any amount by which estimated outlays in the budget
year from the Fund exceed the following levels of outlays:
``(A) For fiscal year 1995, $703,000,000.
``(B) For fiscal year 1996, $2,334,000,000.
``(C) For fiscal year 1997, $3,936,000,000.
``(D) For fiscal year 1998, $4,904,000,000.
For fiscal year 1999, the comparable level for budgetary
purposes shall be deemed to be $5,639,000,000. For fiscal
year 2000, the comparable level for budgetary purposes shall
be deemed to be $6,225,000,000.
``(2) Special outlay allowance.--If estimated outlays from
the Fund for a fiscal year exceed the level specified in
paragraph (1) for that year, that level shall be increased by
the lesser of that excess or 0.5 percent of that level.
``(c) Look-Back.--If, after June 30, an appropriation for
the fiscal year in progress is enacted that causes a
budgetary excess in the Violent Crime Reduction Trust Fund as
described in subsection (b) for that year (after taking into
account any sequestration of amounts under this section), the
level set forth in subsection (b) for the next fiscal year
shall be reduced by the amount of that excess.
``(d) Within-Session Sequestration.--If an appropriation
for a fiscal year in progress is enacted (after Congress
adjourns to end the session for the budget year and before
July 1 of that fiscal year) that causes a budgetary excess in
the Violent Crime Reduction Trust Fund as described in
subsection (b) for that year (after taking into account any
prior sequestration of amounts under this section), 15 days
later there shall be a sequestration to eliminate that excess
following the procedures set forth in subsection (b).
``(e) Part-Year Appropriations and OMB Estimates.--
Paragraphs (4) and (7) of section 251(a) shall apply to
appropriations from, and sequestration of amounts
appropriated from,
[[Page 1850]]
the Violent Crime Reduction Trust Fund under this section in
the same manner as those paragraphs apply to discretionary
appropriations and sequestrations under that section.''.
(2) Reports.--Section 254(g) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by
redesignating paragraphs (4) and (5) as paragraphs (5) and
(6), respectively, and by inserting after paragraph (3) the
following new paragraph:
``(4) Reports on sequestration to reduce the violent crime
reduction trust fund.--The final reports shall set forth for
the budget year estimates for each of the following:
``(A) The amount of budget authority appropriated from the
Violent Crime Reduction Trust Fund and outlays resulting from
those appropriations.
``(B) The sequestration percentage and reductions, if any,
required under section 251A.''.
SEC. 310002. CONFORMING REDUCTION IN DISCRETIONARY SPENDING
LIMITS.
Upon enactment of this Act, the discretionary spending
limits set forth in section 601(a)(2) of the Congressional
Budget Act of 1974 (2 U.S.C. 665(a)(2)) (as adjusted in
conformance with section 251 of the Balanced Budget and
Emergency Deficit Control Act of 1985, and in the Senate,
with section 24 of House Concurrent Resolution 218 (103d
Congress)) for fiscal years 1995 through 1998 are reduced as
follows:
(1) for fiscal year 1995, for the discretionary category:
$2,423,000,000 in new budget authority and $703,000,000 in
outlays;
(2) for fiscal year 1996, for the discretionary category:
$4,287,000,000 in new budget authority and $2,334,000,000 in
outlays;
(3) for fiscal year 1997, for the discretionary category:
$5,000,000,000 in new budget authority and $3,936,000,000 in
outlays; and
(4) for fiscal year 1998, for the discretionary category:
$5,500,000,000 in new budget authority and $4,904,000,000 in
outlays.
For fiscal year 1999, the comparable amount for budgetary
purposes shall be deemed to be $6,500,000,000 in new budget
authority and $5,639,000,000 in outlays. For fiscal year
2000, the comparable amount for budgetary purposes shall be
deemed to be $6,500,000,000 in new budget authority and
$6,225,000,000 in outlays.
SEC. 310003. EXTENSION OF AUTHORIZATIONS OF APPROPRIATIONS
FOR FISCAL YEARS FOR WHICH THE FULL AMOUNT
AUTHORIZED IS NOT APPROPRIATED.
If, in making an appropriation under any provision of this
Act or amendment made by this Act that authorizes the making
of an appropriation for a certain purpose for a certain
fiscal year in a certain amount, the Congress makes an
appropriation for that purpose for that fiscal year in a
lesser amount, that provision or amendment shall be
considered to authorize the making of appropriations for that
purpose for later fiscal years in an amount equal to the
difference between the amount authorized to be appropriated
and the amount that has been appropriated.
SEC. 310004. FLEXIBILITY IN MAKING OF APPROPRIATIONS.
(a) Federal Law Enforcement.--In the making of
appropriations under any provision of this Act or amendment
made by this Act that authorizes the making of an
appropriation for a Federal law enforcement program for a
certain fiscal year in a certain amount out of the Violent
Crime Reduction Trust Fund, not to exceed 10 percent of that
amount is authorized to be appropriated for that fiscal year
for any other Federal law enforcement program for which
appropriations are authorized by any other Federal law
enforcement provision of this Act or amendment made by this
Act. The aggregate reduction in the authorization for any
particular Federal law enforcement program may not exceed 10
percent of the total amount authorized to be appropriated
from the Violent Crime Reduction Trust Fund for that program
in this Act or amendment made by this Act.
(b) State and Local Law Enforcement.--In the making of
appropriations under any provision of this Act or amendment
made by this Act that authorizes the making of an
appropriation for a State and local law enforcement program
for a certain fiscal year in a certain amount out of the
Violent Crime Reduction Trust Fund, not to exceed 10 percent
of that amount is authorized to be appropriated for that
fiscal year for any other State and local law enforcement
program for which appropriations are authorized by any other
State and local law enforcement provision of this Act or
amendment made by this Act. The aggregate reduction in the
authorization for any particular State and local law
enforcement program may not exceed 10 percent of the total
amount authorized to be appropriated from the Violent Crime
Reduction Trust Fund for that program in this Act or
amendment made by this Act.
(c) Prevention.--In the making of appropriations under any
provision of this Act or amendment made by this Act that
authorizes the making of an appropriation for a prevention
program for a certain fiscal year in a certain amount out of
the Violent Crime Reduction Trust Fund, not to exceed 10
percent of that amount is authorized to be appropriated for
that fiscal year for any other prevention program for which
appropriations are authorized by any other prevention
provision of this Act or amendment made by this Act. The
aggregate reduction in the authorization for any particular
prevention program may not exceed 10 percent of the total
amount authorized to be appropriated from the Violent Crime
Reduction Trust Fund for that program in this Act or
amendment made by this Act.
(d) Definitions.--In this section--``Federal law
enforcement program'' means a program authorized in any of
the following sections:
(1) section 190001(a);
(2) section 190001(b);
(3) section 190001(c);
(4) section 190001(d);
(5) section 190001(e);
(6) section 320925;
(7) section 150008;
(8) section 220002;
(9) section 130002;
(10) section 130005;
(11) section 130006;
(12) section 130007;
(13) section 250005;
(14) sections 210303-210306;
(15) section 180104; and
(16) section 270009.
``State and local law enforcement program'' means a program
authorized in any of the following sections:
(1) sections 10001-10003;
(2) section 210201;
(3) section 210603;
(4) section 180101;
(5) section 180103;
(6) sections 31701-31708;
(7) section 210602;
(8) sections 30801-30802;
(9) section 210302;
(10) section 210501;
(11) section 210101;
(12) section 320930;
(13) sections 20101-20109;
(14) section 20301;
(15) section 32201; and
(16) section 20201.
``prevention program'' means a program authorized in any of
the following sections:
(1) section 50001;
(2) sections 30101-30104;
(3) sections 30201-30208;
(4) sections 30301-30307;
(5) sections 30401-30403;
(6) sections 30701-30702;
(7) sections 31001-31002;
(8) sections 31101-31133;
(9) sections 31501-31505;
(10) sections 31901-31922;
(11) section 32001;
(12) section 32101;
(13) section 32401;
(14) section 40114;
(15) section 40121;
(16) section 40151;
(17) section 40152;
(18) section 40155;
(19) section 40156;
(20) section 40211;
(21) section 40231;
(22) section 40241;
(23) section 40251;
(24) section 40261;
(25) section 40292;
(26) section 40293;
(27) section 40295;
(28) sections 40411-40414;
(29) sections 40421-40422;
(30) section 40506;
(31) sections 40601-40611; and
(32) section 24001.
TITLE XXXII--MISCELLANEOUS
Subtitle A--Increases in Penalties
SEC. 320101. INCREASED PENALTIES FOR ASSAULT.
(a) Certain Officers and Employees.--Section 111 of title
18, United States Code, is amended--
(1) in subsection (a) by inserting ``, where the acts in
violation of this section constitute only simple assault, be
fined under this title or imprisoned not more than one year,
or both, and in all other cases,'' after ``shall''; and
(2) in subsection (b) by inserting ``or inflicts bodily
injury'' after ``weapon''.
(b) Foreign Officials, Official Guests, and Internationally
Protected Persons.--Section 112(a) of title 18, United States
Code, is amended--
(1) by striking ``not more than $5,000'' and inserting
``under this title'';
(2) by inserting ``, or inflicts bodily injury,'' after
``weapon''; and
(3) by striking ``not more than $10,000'' and inserting
``under this title''.
(c) Maritime and Territorial Jurisdiction.--Section 113 of
title 18, United States Code, is amended--
(1) in subsection (c)--
(A) by striking ``of not more than $1,000'' and inserting
``under this title''; and
(B) by striking ``five'' and inserting ``ten''; and
(2) in subsection (e)--
(A) by striking ``of not more than $300'' and inserting
``under this title''; and
(B) by striking ``three'' and inserting ``six''.
(d) Congress, Cabinet, or Supreme Court.--Section 351(e) of
title 18, United States Code, is amended--
(1) by striking ``not more than $5,000,'' and inserting
``under this title,'';
(2) by inserting ``the assault involved in the use of a
dangerous weapon, or'' after ``if'';
(3) by striking ``not more than $10,000'' and inserting
``under this title''; and
(4) by striking ``for''.
(e) President and President's Staff.--Section 1751(e) of
title 18, United States Code, is amended--
(1) by striking ``not more than $10,000,'' both places it
appears and inserting ``under this title,'';
(2) by striking ``not more than $5,000,'' and inserting
``under this title,''; and
[[Page 1851]]
(3) by inserting ``the assault involved the use of a
dangerous weapon, or'' after ``if ''.
SEC. 320102. INCREASED PENALTIES FOR MANSLAUGHTER.
Section 1112 of title 18, United States Code, is amended--
(1) in subsection (b)--
(A) by inserting ``fined under this title or'' after
``shall be'' in the first undesignated paragraph; and
(B) by inserting ``, or both'' after ``years'';
(2) by striking ``not more than $1,000'' and inserting
``under this title''; and
(3) by striking ``three'' and inserting ``six''.
SEC. 320103. INCREASED PENALTIES FOR CIVIL RIGHTS VIOLATIONS.
(a) Conspiracy Against Rights.--Section 241 of title 18,
United States Code, is amended--
(1) by striking ``not more than $10,000'' and inserting
``under this title'';
(2) by inserting ``from the acts committed in violation of
this section or if such acts include kidnapping or an attempt
to kidnap, aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill'' after
``results'';
(3) by striking ``subject to imprisonment'' and inserting
``fined under this title or imprisoned''; and
(4) by inserting ``, or both'' after ``life''.
(b) Deprivation of Rights.--Section 242 of title 18, United
States Code, is amended--
(1) by striking ``not more than $1,000'' and inserting
``under this title'';
(2) by inserting ``from the acts committed in violation of
this section or if such acts include the use, attempted use,
or threatened use of a dangerous weapon, explosives, or
fire,'' after ``bodily injury results'';
(3) by inserting ``from the acts committed in violation of
this section or if such acts include kidnapping or an attempt
to kidnap, aggravated sexual abuse, or an attempt to commit
aggravated sexual abuse, or an attempt to kill, shall be
fined under this title, or'' after ``death results'';
(4) by striking ``shall be subject to imprisonment'' and
inserting ``imprisoned''; and
(5) by inserting ``, or both'' after ``life''.
(c) Federally Protected Activities.--Section 245(b) of
title 18, United States Code, is amended in the matter
following paragraph (5)--
(1) by striking ``not more than $1,000'' and inserting
``under this title'';
(2) by inserting ``from the acts committed in violation of
this section or if such acts include the use, attempted use,
or threatened use of a dangerous weapon, explosives, or
fire'' after ``bodily injury results;
(3) by striking ``not more than $10,000'' and inserting
``under this title'';
(4) by inserting ``from the acts committed in violation of
this section or if such acts include kidnapping or an attempt
to kidnap, aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill,'' after
``death results'';
(5) by striking ``subject to imprisonment'' and inserting
``fined under this title or imprisoned''; and
(6) by inserting ``, or both'' after ``life''.
(d) Damage to Religious Property.--Section 247 of title 18,
United States Code, is amended--
(1) in subsection (c)(1) by inserting ``from acts committed
in violation of this section or if such acts include
kidnapping or an attempt to kidnap, aggravated sexual abuse
or an attempt to commit aggravated sexual abuse, or an
attempt to kill'' after ``death results'';
(2) in subsection (c)(2)--
(A) by striking ``serious''; and
(B) by inserting ``from the acts committed in violation of
this section or if such acts include the use, attempted use,
or threatened use of a dangerous weapon, explosives, or
fire'' after ``bodily injury results''; and
(3) by amending subsection (e) to read as follows:
``(e) As used in this section, the term `religious
property' means any church, synagogue, mosque, religious
cemetery, or other religious property.''.
(e) Fair Housing Act.--Section 901 of the Fair Housing Act
(42 U.S.C. 3631) is amended--
(1) in the caption by striking ``bodily injury; death;'';
(2) by striking ``not more than $1,000,'' and inserting
``under this title'';
(3) by inserting ``from the acts committed in violation of
this section or if such acts include the use, attempted use,
or threatened use of a dangerous weapon, explosives, or
fire'' after ``bodily injury results'';
(4) by striking ``not more than $10,000,'' and inserting
``under this title'';
(5) by inserting ``from the acts committed in violation of
this section or if such acts include kidnapping or an attempt
to kidnap, aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill,'' after
``death results'';
(6) by striking ``subject to imprisonment'' and inserting
``fined under this title or imprisoned''; and
(7) by inserting ``, or both'' after ``life''.
SEC. 320104. PENALTIES FOR TRAFFICKING IN COUNTERFEIT GOODS
AND SERVICES.
(a) In General.--Section 2320(a) of title 18, United States
Code, is amended--
(1) in the first sentence--
(A) by striking ``$250,000 or imprisoned not more than five
years'' and inserting ``$2,000,000 or imprisoned not more
than 10 years''; and
(B) by striking ``$1,000,000'' and inserting
``$5,000,000''; and
(2) in the second sentence--
(A) by striking ``$1,000,000 or imprisoned not more than
fifteen years'' and inserting ``$5,000,000 or imprisoned not
more than 20 years''; and
(B) by striking ``$5,000,000'' and inserting
``$15,000,000''.
(b) Laundering Monetary Instruments.--Section 1956(c)(7)(D)
of title 18, United States Code, is amended by striking ``or
section 2319 (relating to copyright infringement),'' and
inserting ``section 2319 (relating to copyright
infringement), or section 2320 (relating to trafficking in
counterfeit goods and services),''.
SEC. 320105. INCREASED PENALTY FOR CONSPIRACY TO COMMIT
MURDER FOR HIRE.
Section 1958(a) of title 18, United States Code, is amended
by inserting ``or who conspires to do so'' before ``shall be
fined'' the first place it appears.
SEC. 320106. INCREASED PENALTIES FOR ARSON.
Section 844 of title 18, United States Code, is amended--
(1) in subsection (f)--
(A) by striking ``not more than ten years, or fined not
more than $10,000'' and inserting ``not more than 20 years,
fined the greater of the fine under this title or the cost of
repairing or replacing any property that is damaged or
destroyed,''; and
(B) by striking ``not more than twenty years, or fined not
more than $10,000'' and inserting ``not more than 40 years,
fined the greater of the fine under this title or the cost of
repairing or replacing any property that is damaged or
destroyed,'';
(2) in subsection (h)--
(A) in the first sentence by striking ``five years'' and
inserting ``5 years but not more than 15 years''; and
(B) in the second sentence by striking ``ten years'' and
inserting ``10 years but not more than 25 years''; and
(3) in subsection (i)--
(A) by striking ``not more than ten years or fined not more
than $10,000'' and inserting ``not more than 20 years, fined
the greater of the fine under this title or the cost of
repairing or replacing any property that is damaged or
destroyed,''; and
(B) by striking ``not more than twenty years or fined not
more than $20,000'' and inserting ``not more than 40 years,
fined the greater of the fine under this title or the cost of
repairing or replacing any property that is damaged or
destroyed,''.
SEC. 320107. INCREASED PENALTIES FOR DRUG TRAFFICKING NEAR
PUBLIC HOUSING.
Section 419 of the Controlled Substances Act (21 U.S.C.
860) is amended--
(1) in subsection (a) by striking ``playground, or within''
and inserting ``playground, or housing facility owned by a
public housing authority, or within''; and
(2) in subsection (b) by striking ``playground, or within''
and inserting ``playground, or housing facility owned by a
public housing authority, or within''.
SEC. 320108. TASK FORCE AND CRIMINAL PENALTIES RELATING TO
THE INTRODUCTION OF NONINDIGENOUS SPECIES.
(a) Task Force.--
(1) In general.--The Attorney General is authorized to
convene a law enforcement task force in Hawaii to facilitate
the prosecution of violations of Federal laws, and laws of
the State of Hawaii, relating to the wrongful conveyance,
sale, or introduction of nonindigenous plant and animal
species.
(2) Membership.--(A) The task force shall be composed of
representatives of--
(i) the Office of the United States Attorney for the
District of Hawaii;
(ii) the United States Customs Service;
(iii) the Animal and Plant Health Inspection Service;
(iv) the Fish and Wildlife Service;
(v) the National Park Service;
(vi) the United States Forest Service;
(vii) the Military Customs Inspection Office of the
Department of Defense;
(viii) the United States Postal Service;
(ix) the office of the Attorney General of the State of
Hawaii;
(x) the Hawaii Department of Agriculture;
(xi) the Hawaii Department of Land and Natural Resources;
and
(xii) such other individuals as the Attorney General deems
appropriate.
(B) The Attorney General shall, to the extent practicable,
select individuals to serve on the task force who have
experience with the enforcement of laws relating to the
wrongful conveyance, sale, or introduction of nonindigenous
plant and animal species.
(3) Duties.--The task force shall--
(A) facilitate the prosecution of violations of Federal and
State laws relating to the conveyance, sale, or introduction
of nonindigenous plant and animal species into Hawaii; and
(B) make recommendations on ways to strengthen Federal and
State laws and law enforcement strategies designed to prevent
the introduction of nonindigenous plant and animal species.
(4) Report.--The task force shall report to the Attorney
General, the Secretary of Agriculture, the Secretary of the
Interior, and to the Committee on the Judiciary and Committee
on Agriculture, Nutrition, and Forestry of the Senate and the
Committee on the Judiciary, Committee on Agriculture, and
Committee on Merchant Marine and Fisheries of the House of
Representatives on--
(A) the progress of its enforcement efforts; and
(B) the adequacy of existing Federal laws and laws of the
State of Hawaii that relate
[[Page 1852]]
to the introduction of nonindigenous plant and animal
species.
Thereafter, the task force shall make such reports as the
task force deems appropriate.
(5) Consultation.--The task force shall consult with Hawaii
agricultural interests and representatives of Hawaii
conservation organizations about methods of preventing the
wrongful conveyance, sale, or introduction of nonindigenous
plant and animal species into Hawaii.
(b) Criminal Penalty.--
(1) In general.--Chapter 83 of title 18, United States
Code, is amended by inserting after section 1716C the
following new section:
``Sec. 1716D. Nonmailable injurious animals, plant pests,
plants, and illegally taken fish, wildlife, and plants
``A person who knowingly deposits for mailing or delivery,
or knowingly causes to be delivered by mail, according to the
direction thereon, or at any place at which it is directed to
be delivered by the person to whom it is addressed, anything
that section 3015 of title 39 declares to be nonmailable
matter shall be fined under this title, imprisoned not more
than 1 year, or both.''.
(2) Technical amendment.--The chapter analysis for chapter
83 of title 18, United States Code, is amended by inserting
after the item relating to section 1716C the following new
item:
``1716D. Nonmailable injurious animals, plant pests, plants, and
illegally taken fish, wildlife, and plants.''.
SEC. 320109. MILITARY MEDALS AND DECORATIONS.
Section 704 of title 18, United States Code, is amended--
(1) by striking ``Whoever'' and inserting (a) In General.--
Whoever'';
(2) by striking ``not more than $250'' and inserting
``under this title''; and
(3) by adding at the end the following new subsection:
``(b) Congressional Medal of Honor.--
``(1) In general.--If a decoration or medal involved in an
offense under subsection (a) is a Congressional Medal of
Honor, in lieu of the punishment provided in that subsection,
the offender shall be fined under this title, imprisoned not
more than 1 year, or both.
``(2) Definitions.--(A) As used in subsection (a) with
respect to a Congressional Medal of Honor, `sells' includes
trades, barters, or exchanges for anything of value.
``(B) As used in this subsection, `Congressional Medal of
Honor' means a medal awarded under section 3741 of title
10.''.
Subtitle B--Extension of Protection of Civil Rights Statutes
SEC. 320201. EXTENSION OF PROTECTION OF CIVIL RIGHTS
STATUTES.
(a) Conspiracy Against Rights.--Section 241 of title 18,
United States Code, is amended by striking ``inhabitant of''
and inserting ``person in''.
(b) Deprivation of Rights Under Color of Law.--Section 242
of title 18, United States Code, is amended--
(1) by striking ``inhabitant of'' and inserting ``person
in''; and
(2) by striking ``such inhabitant'' and inserting ``such
person''.
Subtitle C--Audit and Report
SEC. 320301. AUDIT REQUIREMENT FOR STATE AND LOCAL LAW
ENFORCEMENT AGENCIES RECEIVING FEDERAL ASSET
FORFEITURE FUNDS.
(a) State Requirement.--Section 524(c)(7) of title 28,
United States Code, is amended to read as follows:
``(7)(A) The Fund shall be subject to annual audit by the
Comptroller General.
``(B) The Attorney General shall require that any State or
local law enforcement agency receiving funds conduct an
annual audit detailing the uses and expenses to which the
funds were dedicated and the amount used for each use or
expense and report the results of the audit to the Attorney
General.''.
(b) Inclusion in Attorney General's Report.--Section
524(c)(6)(C) of title 28, United States Code, is amended by
adding at the end the following flush sentence: ``The report
should also contain all annual audit reports from State and
local law enforcement agencies required to be reported to the
Attorney General under subparagraph (B) of paragraph (7).''.
SEC. 320302. REPORT TO CONGRESS ON ADMINISTRATIVE AND
CONTRACTING EXPENSES.
Section 524(c)(6) of title 28, United States Code, is
amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) a report for such fiscal year containing a
description of the administrative and contracting expenses
paid from the Fund under paragraph (1)(A).''.
Subtitle D--Coordination
SEC. 320401. COORDINATION OF SUBSTANCE ABUSE TREATMENT AND
PREVENTION PROGRAMS.
The Attorney General shall consult with the Secretary of
the Department of Health and Human Services in establishing
and carrying out the substance abuse treatment and prevention
components of the programs authorized under this Act, to
assure coordination of programs, eliminate duplication of
efforts and enhance the effectiveness of such services.
Subtitle E--Gambling
SEC. 320501. CLARIFYING AMENDMENT REGARDING SCOPE OF
PROHIBITION AGAINST GAMBLING ON SHIPS IN
INTERNATIONAL WATERS.
The paragraph of section 1081 of title 18, United States
Code, defining the term ``gambling ship'' is amended by
adding at the end the following: ``Such term does not include
a vessel with respect to gambling aboard such vessel beyond
the territorial waters of the United States during a covered
voyage (as defined in section 4472 of the Internal Revenue
Code of 1986 as in effect on January 1, 1994).''.
Subtitle F--White Collar Crime Amendments
SEC. 320601. RECEIVING THE PROCEEDS OF EXTORTION OR
KIDNAPPING.
(a) Proceeds of Extortion.--Chapter 41 of title 18, United
States Code, is amended--
(1) by adding at the end the following new section:
``Sec. 880. Receiving the proceeds of extortion
``A person who receives, possesses, conceals, or disposes
of any money or other property which was obtained from the
commission of any offense under this chapter that is
punishable by imprisonment for more than 1 year, knowing the
same to have been unlawfully obtained, shall be imprisoned
not more than 3 years, fined under this title, or both.'';
and
(2) in the table of sections, by adding at the end the
following new item:
``880. Receiving the proceeds of extortion.''.
(b) Ransom Money.--Section 1202 of title 18, United States
Code, is amended--
(1) by designating the existing matter as subsection
``(a)''; and
(2) by adding the following new subsections:
``(b) A person who transports, transmits, or transfers in
interstate or foreign commerce any proceeds of a kidnapping
punishable under State law by imprisonment for more than 1
year, or receives, possesses, conceals, or disposes of any
such proceeds after they have crossed a State or United
States boundary, knowing the proceeds to have been unlawfully
obtained, shall be imprisoned not more than 10 years, fined
under this title, or both.
``(c) For purposes of this section, the term `State' has
the meaning set forth in section 245(d) of this title.''.
SEC. 320602. RECEIVING THE PROCEEDS OF A POSTAL ROBBERY.
Section 2114 of title 18, United States Code, is amended--
(1) by striking ``whoever'' and inserting:
``(a) Assault.--A person who''; and
(2) by adding at the end the following new subsection:
``(b) Receipt, Possession, Concealment, or Disposal of
Property.--A person who receives, possesses, conceals, or
disposes of any money or other property that has been
obtained in violation of this section, knowing the same to
have been unlawfully obtained, shall be imprisoned not more
than 10 years, fined under this title, or both.''.
SEC. 320603. CRIMES BY OR AFFECTING PERSONS ENGAGED IN THE
BUSINESS OF INSURANCE WHOSE ACTIVITIES AFFECT
INTERSTATE COMMERCE.
(a) In General.--Chapter 47 of title 18, United States
Code, is amended by adding at the end the following new
sections:
``Sec. 1033. Crimes by or affecting persons engaged in the
business of insurance whose activities affect interstate
commerce
``(a)(1) Whoever is engaged in the business of insurance
whose activities affect interstate commerce and knowingly,
with the intent to deceive, makes any false material
statement or report or willfully and materially overvalues
any land, property or security--
``(A) in connection with any financial reports or documents
presented to any insurance regulatory official or agency or
an agent or examiner appointed by such official or agency to
examine the affairs of such person, and
``(B) for the purpose of influencing the actions of such
official or agency or such an appointed agent or examiner,
shall be punished as provided in paragraph (2).
``(2) The punishment for an offense under paragraph (1) is
a fine as established under this title or imprisonment for
not more than 10 years, or both, except that the term of
imprisonment shall be not more than 15 years if the statement
or report or overvaluing of land, property, or security
jeopardized the safety and soundness of an insurer and was a
significant cause of such insurer being placed in
conservation, rehabilitation, or liquidation by an
appropriate court.
``(b)(1) Whoever--
``(A) acting as, or being an officer, director, agent, or
employee of, any person engaged in the business of insurance
whose activities affect interstate commerce, or
``(B) is engaged in the business of insurance whose
activities affect interstate commerce or is involved (other
than as an insured or beneficiary under a policy of
insurance) in a transaction relating to the conduct of
affairs of such a business,
willfully embezzles, abstracts, purloins, or misappropriates
any of the moneys, funds, premiums, credits, or other
property of such person so engaged shall be punished as
provided in paragraph (2).
``(2) The punishment for an offense under paragraph (1) is
a fine as provided under this title or imprisonment for not
more than 10 years, or both, except that if such
embezzlement, abstraction, purloining, or misappro-
[[Page 1853]]
priation described in paragraph (1) jeopardized the safety
and soundness of an insurer and was a significant cause of
such insurer being placed in conservation, rehabilitation, or
liquidation by an appropriate court, such imprisonment shall
be not more than 15 years. If the amount or value so
embezzled, abstracted, purloined, or misappropriated does not
exceed $5,000, whoever violates paragraph (1) shall be fined
as provided in this title or imprisoned not more than one
year, or both.
``(c)(1) Whoever is engaged in the business of insurance
and whose activities affect interstate commerce or is
involved (other than as an insured or beneficiary under a
policy of insurance) in a transaction relating to the conduct
of affairs of such a business, knowingly makes any false
entry of material fact in any book, report, or statement of
such person engaged in the business of insurance with intent
to deceive any person, including any officer, employee, or
agent of such person engaged in the business of insurance,
any insurance regulatory official or agency, or any agent or
examiner appointed by such official or agency to examine the
affairs of such person, about the financial condition or
solvency of such business shall be punished as provided in
paragraph (2).
``(2) The punishment for an offense under paragraph (1) is
a fine as provided under this title or imprisonment for not
more than 10 years, or both, except that if the false entry
in any book, report, or statement of such person jeopardized
the safety and soundness of an insurer and was a significant
cause of such insurer being placed in conservation,
rehabilitation, or liquidation by an appropriate court, such
imprisonment shall be not more than 15 years.
``(d) Whoever, by threats or force or by any threatening
letter or communication, corruptly influences, obstructs, or
impedes or endeavors corruptly to influence, obstruct, or
impede the due and proper administration of the law under
which any proceeding involving the business of insurance
whose activities affect interstate commerce is pending before
any insurance regulatory official or agency or any agent or
examiner appointed by such official or agency to examine the
affairs of a person engaged in the business of insurance
whose activities affect interstate commerce, shall be fined
as provided in this title or imprisoned not more than 10
years, or both.
``(e)(1)(A) Any individual who has been convicted of any
criminal felony involving dishonesty or a breach of trust, or
who has been convicted of an offense under this section, and
who willfully engages in the business of insurance whose
activities affect interstate commerce or participates in such
business, shall be fined as provided in this title or
imprisoned not more than 5 years, or both.
``(B) Any individual who is engaged in the business of
insurance whose activities affect interstate commerce and who
willfully permits the participation described in subparagraph
(A) shall be fined as provided in this title or imprisoned
not more than 5 years, or both.
``(2) A person described in paragraph (1)(A) may engage in
the business of insurance or participate in such business if
such person has the written consent of any insurance
regulatory official authorized to regulate the insurer, which
consent specifically refers to this subsection.
``(f) As used in this section--
``(1) the term `business of insurance' means--
``(A) the writing of insurance, or
``(B) the reinsuring of risks,
by an insurer, including all acts necessary or incidental to
such writing or reinsuring and the activities of persons who
act as, or are, officers, directors, agents, or employees of
insurers or who are other persons authorized to act on behalf
of such persons;
``(2) the term `insurer' means any entity the business
activity of which is the writing of insurance or the
reinsuring of risks, and includes any person who acts as, or
is, an officer, director, agent, or employee of that
business;
``(3) the term `interstate commerce' means--
``(A) commerce within the District of Columbia, or any
territory or possession of the United States;
``(B) all commerce between any point in the State,
territory, possession, or the District of Columbia and any
point outside thereof;
``(C) all commerce between points within the same State
through any place outside such State; or
``(D) all other commerce over which the United States has
jurisdiction; and
``(4) the term `State' includes any State, the District of
Columbia, the Commonwealth of Puerto Rico, the Northern
Mariana Islands, the Virgin Islands, American Samoa, and the
Trust Territory of the Pacific Islands.
``Sec. 1034. Civil penalties and injunctions for violations
of section 1033
``(a) The Attorney General may bring a civil action in the
appropriate United States district court against any person
who engages in conduct constituting an offense under section
1033 and, upon proof of such conduct by a preponderance of
the evidence, such person shall be subject to a civil penalty
of not more than $50,000 for each violation or the amount of
compensation which the person received or offered for the
prohibited conduct, whichever amount is greater. If the
offense has contributed to the decision of a court of
appropriate jurisdiction to issue an order directing the
conservation, rehabilitation, or liquidation of an insurer,
such penalty shall be remitted to the appropriate regulatory
official for the benefit of the policyholders, claimants, and
creditors of such insurer. The imposition of a civil penalty
under this subsection does not preclude any other criminal or
civil statutory, common law, or administrative remedy, which
is available by law to the United States or any other person.
``(b) If the Attorney General has reason to believe that a
person is engaged in conduct constituting an offense under
section 1033, the Attorney General may petition an
appropriate United States district court for an order
prohibiting that person from engaging in such conduct. The
court may issue an order prohibiting that person from
engaging in such conduct if the court finds that the conduct
constitutes such an offense. The filing of a petition under
this section does not preclude any other remedy which is
available by law to the United States or any other person.''.
(b) Clerical Amendment.--The table of sections for chapter
47 of such title is amended by adding at the end the
following new items:
``1033. Crimes by or affecting persons engaged in the business of
insurance whose activities affect interstate commerce.
``1034. Civil penalties and injunctions for violations of section
1033.''.
SEC. 320604. MISCELLANEOUS AMENDMENTS TO TITLE 18, UNITED
STATES CODE.
(a) Tampering With Insurance Regulatory Proceedings.--
Section 1515(a)(1) of title 18, United States Code, is
amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by inserting ``or'' at the end of subparagraph (C); and
(3) by adding at the end thereof the following new
subparagraph:
``(D) a proceeding involving the business of insurance
whose activities affect interstate commerce before any
insurance regulatory official or agency or any agent or
examiner appointed by such official or agency to examine the
affairs of any person engaged in the business of insurance
whose activities affect interstate commerce; or''.
(b) Limitations.--Section 3293 of such title is amended by
inserting ``1033,'' after ``1014,''.
(c) Obstruction of Criminal Investigations.--Section 1510
of title 18, United States Code, is amended by adding at the
end the following new subsection:
``(d)(1) Whoever--
``(A) acting as, or being, an officer, director, agent or
employee of a person engaged in the business of insurance
whose activities affect interstate commerce, or
``(B) is engaged in the business of insurance whose
activities affect interstate commerce or is involved (other
than as an insured or beneficiary under a policy of
insurance) in a transaction relating to the conduct of
affairs of such a business,
with intent to obstruct a judicial proceeding, directly or
indirectly notifies any other person about the existence or
contents of a subpoena for records of that person engaged in
such business or information that has been furnished to a
Federal grand jury in response to that subpoena, shall be
fined as provided by this title or imprisoned not more than 5
years, or both.
``(2) As used in paragraph (1), the term `subpoena for
records' means a Federal grand jury subpoena for records that
has been served relating to a violation of, or a conspiracy
to violate, section 1033 of this title.''.
SEC. 320605. FEDERAL DEPOSIT INSURANCE ACT AMENDMENT.
Section 19(a) of the Federal Deposit Insurance Act (12
U.S.C. 1829(a)) is amended in paragraph (2)(A)(i)(I)--
(1) by striking ``or 1956''; and
(2) by inserting ``1517, 1956, or 1957''.
SEC. 320606. FEDERAL CREDIT UNION ACT AMENDMENTS.
Section 205(d) of the Federal Credit Union Act (12 U.S.C.
1785(d)) is amended to read as follows:
``(d) Prohibition.--
``(1) In general.--Except with prior written consent of the
Board--
``(A) any person who has been convicted of any criminal
offense involving dishonesty or a breach of trust, or has
agreed to enter into a pretrial diversion or similar program
in connection with a prosecution for such offense, may not--
``(i) become, or continue as, an institution-affiliated
party with respect to any insured credit union; or
``(ii) otherwise participate, directly or indirectly, in
the conduct of the affairs of any insured credit union; and
``(B) any insured credit union may not permit any person
referred to in subparagraph (A) to engage in any conduct or
continue any relationship prohibited under such subparagraph.
``(2) Minimum 10-year prohibition period for certain
offenses.--
``(A) In general.--If the offense referred to in paragraph
(1)(A) in connection with any person referred to in such
paragraph is--
``(i) an offense under--
``(I) section 215, 656, 657, 1005, 1006, 1007, 1008, 1014,
1032, 1344, 1517, 1956, or 1957 of title 18, United States
Code; or
``(II) section 1341 or 1343 of such title which affects any
financial institution (as defined in section 20 of such
title); or
``(ii) the offense of conspiring to commit any such
offense,
the Board may not consent to any exception to the application
of paragraph (1) to such
[[Page 1854]]
person during the 10-year period beginning on the date the
conviction or the agreement of the person becomes final.
``(B) Exception by order of sentencing court.--
``(i) In general.--On motion of the Board, the court in
which the conviction or the agreement of a person referred to
in subparagraph (A) has been entered may grant an exception
to the application of paragraph (1) to such person if
granting the exception is in the interest of justice.
``(ii) Period for filing.--A motion may be filed under
clause (i) at any time during the 10-year period described in
subparagraph (A) with regard to the person on whose behalf
such motion is made.
``(3) Penalty.--Whoever knowingly violates paragraph (1) or
(2) shall be fined not more than $1,000,000 for each day such
prohibition is violated or imprisoned for not more than 5
years, or both.''.
SEC. 320607. ADDITION OF PREDICATE OFFENSES TO FINANCIAL
INSTITUTIONS REWARDS STATUTE.
Section 3059A of title 18, United States Code, is amended--
(1) by inserting ``225,'' after ``215'';
(2) by striking ``or'' before ``1344''; and
(3) by inserting ``, or 1517'' after ``1344''.
SEC. 320608. DEFINITION OF SAVINGS AND LOAN ASSOCIATION'' FOR
PURPOSES OF THE OFFENSE OF BANK ROBBERY AND
RELATED OFFENSES.
Section 2113 of title 18, United States Code, is amended by
adding at the end the following new subsection:
``(h) As used in this section, the term `savings and loan
association' means--
``(1) a Federal savings association or State savings
association (as defined in section 3(b) of the Federal
Deposit Insurance Act (12 U.S.C. 1813(b))) having accounts
insured by the Federal Deposit Insurance Corporation; and
``(2) a corporation described in section 3(b)(1)(C) of the
Federal Deposit Insurance Act (12 U.S.C. 1813(b)(1)(C)) that
is operating under the laws of the United States.''.
SEC. 320609. DEFINITION OF 1-YEAR PERIOD FOR PURPOSES OF THE
OFFENSE OF OBSTRUCTION OF A FEDERAL AUDIT.
Section 1516(b) of title 18, United States Code, is
amended--
(1) by striking ``section the term'' and inserting
``section--
``(1) the term'';
(2) by striking the period at the end and inserting a
semicolon; and
(3) by adding at the end the following new paragraph:
``(2) the term `in any 1 year period' has the meaning given
to the term `in any one-year period' in section 666.''.
Subtitle G--Safer Streets and Neighborhoods
SEC. 320701. SHORT TITLE.
This subtitle may be cited as the ``Safer Streets and
Neighborhoods Act of 1994''.
SEC. 320702. LIMITATION ON GRANT DISTRIBUTION.
(a) Amendment.--Section 510(b) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3760(b)) is amended by inserting ``non-Federal'' after
``with''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 1994.
Subtitle H--Recreational Hunting Safety
SEC. 320801. SHORT TITLE.
This subtitle may be cited as the ``Recreational Hunting
Safety and Preservation Act of 1994''.
SEC. 320802. OBSTRUCTION OF A LAWFUL HUNT.
It is a violation of this section intentionally to engage
in any physical conduct that significantly hinders a lawful
hunt.
SEC. 320803. CIVIL PENALTIES.
(a) In General.--A person who violates section 320802 shall
be assessed a civil penalty in an amount computed under
subsection (b).
(b) Computation of Penalty.--The penalty shall be--
(1) not more than $10,000, if the violation involved the
use of force or violence, or the threatened use of force or
violence, against the person or property of another person;
and
(2) not more than $5,000 for any other violation.
(c) Relationship to Other Penalties.--The penalties
established by this section shall be in addition to other
criminal or civil penalties that may be levied against the
person as a result of an activity in violation of section
320802.
(d) Procedure.--Upon receipt of--
(1) a written complaint from an officer, employee, or agent
of the Forest Service, Bureau of Land Management, National
Park Service, United States Fish and Wildlife Service, or
other Federal agency that a person violated section 320802;
or
(2) a sworn affidavit from an individual and a
determination by the Secretary that the statement contains
sufficient factual allegations to create a reasonable belief
that a violation of section 320802 has occurred;
the Secretary may request the Attorney General of the United
States to institute a civil action for the imposition and
collection of the civil penalty under this section.
(e) Use of Penalty Money Collected.--After deduction of
costs attributable to collection, money collected from
penalties shall be--
(1) deposited into the trust fund established pursuant to
the Act entitled ``An Act to provide that the United States
shall aid the States in wildlife-restoration projects, and
for other purposes'', approved September 2, 1937 (16 U.S.C.
669) (commonly known as the ``Pitman-Robertson Wildlife
Restoration Act''), to support the activities authorized by
such Act and undertaken by State wildlife management
agencies; or
(2) used in such other manner as the Secretary determines
will enhance the funding and implementation of--
(A) the North American Waterfowl Management Plan signed by
the Secretary of the Interior and the Minister of Environment
for Canada in May 1986; or
(B) a similar program that the Secretary determines will
enhance wildlife management--
(i) on Federal lands; or
(ii) on private or State-owned lands when the efforts will
also provide a benefit to wildlife management objectives on
Federal lands.
SEC. 320804. OTHER RELIEF.
Injunctive relief against a violation of section 320802 may
be sought by--
(1) the head of a State agency with jurisdiction over fish
or wildlife management;
(2) the Attorney General of the United States; or
(3) any person who is or would be adversely affected by the
violation.
SEC. 320805. RELATIONSHIP TO STATE AND LOCAL LAW AND CIVIL
ACTIONS.
This subtitle does not preempt a State law or local
ordinance that provides for civil or criminal penalties for
conduct that violates this subtitle.
SEC. 320806. REGULATIONS.
The Secretary may issue such regulations as are necessary
to carry out this subtitle.
SEC. 320807. RULE OF CONSTRUCTION.
Nothing in this subtitle shall be construed to impair a
right guaranteed to a person under the first article of
amendment to the Constitution or limit any legal remedy for
forceful interference with a person's lawful participation in
speech or peaceful assembly.
SEC. 320808. DEFINITIONS.
As used in this subtitle:
(1) Federal lands.--The term ``Federal lands'' means--
(A) national forests;
(B) public lands;
(C) national parks; and
(D) wildlife refuges.
(2) Lawful hunt.--The term ``lawful hunt'' means the taking
or harvesting (or attempted taking or harvesting) of wildlife
or fish, on Federal lands, which--
(A) is lawful under the laws applicable in the place it
occurs; and
(B) does not infringe upon a right of an owner of private
property.
(3) National forest.--The term ``national forest'' means
lands included in the National Forest System (as defined in
section 11(a) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1609(a))).
(4) National park.--The term ``national park'' means lands
and waters included in the National Park System (as defined
in section 2(a) of the Act entitled ``An Act to facilitate
the management of the National Park System and miscellaneous
areas administered in connection with that system, and for
other purposes'', approved August 8, 1953 (16 U.S.C. 1c(a))).
(5) Public lands.--The term ``public lands'' has the same
meaning as is provided in section 103(e) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702(e)).
(6) Secretary.--The term ``Secretary'' means--
(A) the Secretary of Agriculture with respect to national
forests; and
(B) the Secretary of the Interior with respect to--
(i) public lands;
(ii) national parks; and
(iii) wildlife refuges.
(7) Wildlife refuge.--The term ``wildlife refuge'' means
lands and waters included in the National Wildlife Refuge
System (as established by section 4 of the National Wildlife
Refuge System Administration Act of 1966 (16 U.S.C. 668dd)).
(8) Conduct.--The term ``conduct'' does not include speech
protected by the first article of amendment to the
Constitution.
Subtitle I--Other Provisions
SEC. 320901. WIRETAPS.
Section 2511(1) of title 18, United States Code, is
amended--
(1) by striking ``or'' at the end of paragraph (c);
(2) by inserting ``or'' at the end of paragraph (d); and
(3) by adding after paragraph (d) the following new
paragraph:
``(e)(i) intentionally discloses, or endeavors to disclose,
to any other person the contents of any wire, oral, or
electronic communication, intercepted by means authorized by
sections 2511(2)(A)(ii), 2511(b)-(c), 2511(e), 2516, and 2518
of this subchapter, (ii) knowing or having reason to know
that the information was obtained through the interception of
such a communication in connection with a criminal
investigation, (iii) having obtained or received the
information in connection with a criminal investigation, and
(iv) with intent to improperly obstruct, impede, or interfere
with a duly authorized criminal investigation,''.
SEC. 320902. THEFT OF MAJOR ARTWORK.
(a) Offense.--Chapter 31 of title 18, United States Code,
is amended by adding at the end the following new section:
``Sec. 668. Theft of major artwork
``(a) Definitions.--In this section--
`` `museum' means an organized and permanent institution,
the activities of which affect interstate or foreign
commerce, that--
``(A) is situated in the United States;
[[Page 1855]]
``(B) is established for an essentially educational or
aesthetic purpose;
``(C) has a professional staff; and
``(D) owns, utilizes, and cares for tangible objects that
are exhibited to the public on a regular schedule.
`` `object of cultural heritage' means an object that is--
``(A) over 100 years old and worth in excess of $5,000; or
``(B) worth at least $100,000.''.
``(b) Offenses.--A person who--
``(1) steals or obtains by fraud from the care, custody, or
control of a museum any object of cultural heritage; or
``(2) knowing that an object of cultural heritage has been
stolen or obtained by fraud, if in fact the object was stolen
or obtained from the care, custody, or control of a museum
(whether or not that fact is known to the person), receives,
conceals, exhibits, or disposes of the object,
shall be fined under this title, imprisoned not more than 10
years, or both.''.
(b) Period of Limitation.--Chapter 213 of title 18, United
States Code, is amended by adding at the end the following
new section:
``Sec. 3294. Theft of major artwork
``No person shall be prosecuted, tried, or punished for a
violation of or conspiracy to violate section 668 unless the
indictment is returned or the information is filed within 20
years after the commission of the offense.''.
(d) Technical Amendments.--
(1) Chapter 31.--The chapter analysis for chapter 31 of
title 18, United States Code, is amended by adding at the end
the following new item:
``668. Theft of major artwork.''.
(2) Chapter 213.--The chapter analysis for chapter 213 of
title 18, United States Code, is amended by adding at the end
the following new item:
``3294. Theft of major artwork.''.
SEC. 320903. ADDITION OF ATTEMPTED ROBBERY, KIDNAPPING,
SMUGGLING, AND PROPERTY DAMAGE OFFENSES TO
ELIMINATE INCONSISTENCIES AND GAPS IN COVERAGE.
(a) Robbery and Burglary.--(1) Section 2111 of title 18,
United States Code, is amended by inserting ``or attempts to
take'' after ``takes''.
(2) Section 2112 of title 18, United States Code, is
amended by inserting ``or attempts to rob'' after ``robs''.
(3) Section 2114 of title 18, United States Code, is
amended by inserting ``or attempts to rob'' after ``robs''.
(b) Kidnapping.--Section 1201(d) of title 18, United States
Code, is amended by striking ``Whoever attempts to violate
subsection (a)(4) or (a)(5)'' and inserting ``Whoever
attempts to violate subsection (a)''.
(c) Smuggling.--Section 545 of title 18, United States
Code, is amended by inserting ``or attempts to smuggle or
clandestinely introduce'' after ``smuggles, or clandestinely
introduces''.
(d) Malicious Mischief.--(1) Section 1361 of title 18,
United States Code, is amended--
(A) by inserting ``or attempts to commit any of the
foregoing offenses'' before ``shall be punished'', and
(B) by inserting ``or attempted damage'' after ``damage''
each place it appears.
(2) Section 1362 of title 18, United States Code, is
amended by inserting ``or attempts willfully or maliciously
to injure or destroy'' after ``willfully or maliciously
injures or destroys''.
(3) Section 1366 of title 18, United States Code, is
amended--
(A) by inserting ``or attempts to damage'' after
``damages'' each place it appears;
(B) by inserting ``or attempts to cause'' after ``causes'';
and
(C) by inserting ``or would if the attempted offense had
been completed have exceeded'' after ``exceeds'' each place
it appears.
SEC. 320904. GUN-FREE SCHOOL ZONES.
Section 922(q) of title 18, United States Code, is
amended--
(1) by redesignating paragraphs (1), (2), and (3) as
paragraphs (2), (3), and (4), respectively; and
(2) by inserting after ``(q)'' the following new paragraph:
``(1) The Congress finds and declares that--
``(A) crime, particularly crime involving drugs and guns,
is a pervasive, nationwide problem;
``(B) crime at the local level is exacerbated by the
interstate movement of drugs, guns, and criminal gangs;
``(C) firearms and ammunition move easily in interstate
commerce and have been found in increasing numbers in and
around schools, as documented in numerous hearings in both
the Judiciary Committee of the House of Representatives and
Judiciary Committee of the Senate;
``(D) in fact, even before the sale of a firearm, the gun,
its component parts, ammunition, and the raw materials from
which they are made have considerably moved in interstate
commerce;
``(E) while criminals freely move from State to State,
ordinary citizens and foreign visitors may fear to travel to
or through certain parts of the country due to concern about
violent crime and gun violence, and parents may decline to
send their children to school for the same reason;
``(F) the occurrence of violent crime in school zones has
resulted in a decline in the quality of education in our
country;
``(G) this decline in the quality of education has an
adverse impact on interstate commerce and the foreign
commerce of the United States;
``(H) States, localities, and school systems find it almost
impossible to handle gun-related crime by themselves; even
States, localities, and school systems that have made strong
efforts to prevent, detect, and punish gun-related crime find
their efforts unavailing due in part to the failure or
inability of other States or localities to take strong
measures; and
``(I) Congress has power, under the interstate commerce
clause and other provisions of the Constitution, to enact
measures to ensure the integrity and safety of the Nation's
schools by enactment of this subsection.''.
SEC. 320905. INTERSTATE WAGERING.
Section 1301 of title 18, United States Code, is amended by
inserting ``or, being engaged in the business of procuring
for a person in 1 State such a ticket, chance, share, or
interest in a lottery, gift, enterprise or similar scheme
conducted by another State (unless that business is permitted
under an agreement between the States in question or
appropriate authorities of those States), knowingly transmits
in interstate or foreign commerce information to be used for
the purpose of procuring such a ticket, chance, share, or
interest;'' after ``scheme;''.
SEC. 320906. SENSE OF CONGRESS WITH RESPECT TO VIOLENCE
AGAINST TRUCKERS.
It is the sense of Congress that--
(1) when there is Federal jurisdiction, Federal authorities
should prosecute to the fullest extent of the law murders,
rapes, burglaries, kidnappings and assaults committed against
commercial truckers; and
(2) appropriate Federal agencies should acknowledge this
problem and place a priority on evaluating how best to
prevent these crimes and apprehend those involved, and
continue to coordinate their activities with multi-
jurisdictional authorities to combat violent crimes committed
against truckers.
SEC. 320907. SENSE OF THE SENATE REGARDING A STUDY ON OUT-OF-
WEDLOCK BIRTHS.
It is the sense of the Senate that--
(1) the Secretary of Health and Human Services, in
consultation with the National Center for Health Statistics,
should prepare an analysis of the causes of the increase in
out-of-wedlock births, and determine whether there is any
historical precedent for such increase, as well as any
equivalent among foreign nations, and
(2) the Secretary of Health and Human Services should
report to Congress within 12 months after the date of the
enactment of this Act on the Secretary's analysis of the out-
of-wedlock problem and its causes, as well as possible
remedial measures that could be taken.
SEC. 320908. SENSE OF THE SENATE REGARDING THE ROLE OF THE
UNITED NATIONS IN INTERNATIONAL ORGANIZED CRIME
CONTROL.
It is the sense of the Senate that--
(1) the United States should encourage the development of a
United Nations Convention on Organized Crime; and
(2) the United Nations should--
(A) provide significant additional resources to the
Commission on Crime Prevention and Criminal Justice;
(B) consider an expansion of the Commission's role and
authority; and
(C) seek a cohesive approach to the international organized
crime problem.
SEC. 320909. OPTIONAL VENUE FOR ESPIONAGE AND RELATED
OFFENSES.
(a) In General.--Chapter 211 of title 18, United States
Code, is amended by inserting after section 3238 the
following new section:
``Sec. 3239. Optional venue for espionage and related
offenses
``The trial for any offense involving a violation, begun or
committed upon the high seas or elsewhere out of the
jurisdiction of any particular State or district, of--
``(1) section 793, 794, 798, or section 1030(a)(1) of this
title;
``(2) section 601 of the National Security Act of 1947 (50
U.S.C. 421); or
``(3) section 4(b) or 4(c) of the Subversive Activities
Control Act of 1950 (50 U.S.C. 783 (b) or (c));
may be in the District of Columbia or in any other district
authorized by law.''.
(b) Technical Amendment.--The item relating to section 3239
in the table of sections of chapter 211 of title 18, United
States Code, is amended to read as follows:
``3239. Optional venue for espionage and related offenses.''.
SEC. 320910. UNDERCOVER OPERATIONS.
(a) In General.--Chapter 1 of title 18, United States Code,
is amended by adding at the end the following new section:
``Sec. 21. Stolen or counterfeit nature of property for
certain crimes defined
``(a) Wherever in this title it is an element of an offense
that--
``(1) any property was embezzled, robbed, stolen,
converted, taken, altered, counterfeited, falsely made,
forged, or obliterated; and
``(2) the defendant knew that the property was of such
character;
such element may be established by proof that the defendant,
after or as a result of an official representation as to the
nature of the property, believed the property to be
embezzled, robbed, stolen, converted, taken, altered,
counterfeited, falsely made, forged, or obliterated.
``(b) For purposes of this section, the term `official
representation' means any representation made by a Federal
law enforcement officer (as defined in section 115) or by
another person at the direction or with the approval of such
an officer.''.
[[Page 1856]]
(b) Technical Amendment.--The table of sections of chapter
1 of title 18, United States Code, is amended by adding at
the end the following new item:
``21. Stolen or counterfeit nature of property for certain crimes
defined.''.
SEC. 320911. MISUSE OF INITIALS ``DEA''.
(a) Amendment.--Section 709 of title 18, United States
Code, is amended--
(1) in the thirteenth unnumbered paragraph by striking
``words--'' and inserting ``words; or''; and
(2) by inserting after the thirteenth unnumbered paragraph
the following new paragraph:
``A person who, except with the written permission of the
Administrator of the Drug Enforcement Administration,
knowingly uses the words `Drug Enforcement Administration' or
the initials `DEA' or any colorable imitation of such words
or initials, in connection with any advertisement, circular,
book, pamphlet, software or other publication, play, motion
picture, broadcast, telecast, or other production, in a
manner reasonably calculated to convey the impression that
such advertisement, circular, book, pamphlet, software or
other publication, play, motion picture, broadcast, telecast,
or other production is approved, endorsed, or authorized by
the Drug Enforcement Administration;''.
(b) Effective Date.--The amendment made by subsection (a)
shall become effective on the date that is 90 days after the
date of enactment of this Act.
SEC. 320912. DEFINITION OF LIVESTOCK.
Section 2311 of title 18, United States Code, is amended by
inserting after the second paragraph relating to the
definition of ``cattle'' the following new paragraph:
`` `livestock' means any domestic animals raised for home
use, consumption, or profit, such as horses, pigs, llamas,
goats, fowl, sheep, buffalo, and cattle, or the carcasses
thereof.''.
SEC. 320913. ASSET FORFEITURE.
(a) Amendment.--Section 524(c)(1) of title 28, United
States Code, is amended--
(1) by redesignating subparagraph (H) as subparagraph (I);
and
(2) by inserting after subparagraph (G) the following new
subparagraph:
``(H) the payment of State and local property taxes on
forfeited real property that accrued between the date of the
violation giving rise to the forfeiture and the date of the
forfeiture order; and''.
(b) Application of Amendment.--The amendment made by
subsection (a) shall apply to all claims pending at the time
of or commenced subsequent to the date of enactment of this
Act.
SEC. 320914. CLARIFICATION OF DEFINITION OF A ``COURT OF THE
UNITED STATES'' TO INCLUDE THE DISTRICT COURTS
FOR GUAM, THE NORTHERN MARIANA ISLANDS, AND THE
VIRGIN ISLANDS.
(a) In General.--Chapter 1 of title 18, United States Code,
is amended by adding at the end the following new section:
``Sec. 23. Court of the United States defined
``As used in this title, except where otherwise expressly
provided the term `court of the United States' includes the
District Court of Guam, the District Court for the Northern
Mariana Islands, and the District Court of the Virgin
Islands.''.
(b) Technical Amendment.--The chapter analysis for chapter
1 of title 18, United States Code, is amended by adding at
the end the following new item:
``23. Court of the United States defined.''.
SEC. 320915. LAW ENFORCEMENT PERSONNEL.
It is the sense of the Senate that law enforcement
personnel should not be reduced and calls upon the President
of the United States to exempt Federal law enforcement
positions from Executive Order 12839 and other Executive
memoranda mandating reductions in the Federal workforce.
SEC. 320916. AUTHORITY TO INVESTIGATE VIOLENT CRIMES AGAINST
TRAVELERS.
(a) In General.--Chapter 33 of title 28, United States
Code, is amended by adding at the end the following new
section:
``Sec. 540A. Investigation of violent crimes against
travelers
``(a) In General.--At the request of an appropriate law
enforcement official of a State or political subdivision, the
Attorney General and Director of the Federal Bureau of
Investigation may assist in the investigation of a felony
crime of violence in violation of the law of any State in
which the victim appears to have been selected because he or
she is a traveler.
``(b) Foreign Travelers.--In a case in which the traveler
who is a victim of a crime described in subsection (a) is
from a foreign nation, the Attorney General and Director of
the Federal Bureau of Investigation, and, when appropriate,
the Secretary of State shall assist the prosecuting and law
enforcement officials of a State or political subdivision to
the fullest extent possible in securing from abroad such
evidence or other information as may be needed for the
effective investigation and prosecution of the crime.
``(c) Definitions.--In this section--
`` `felony crime of violence' means an offense punishable
by more than one year in prison that has as an element the
use, attempted use, or threatened use of physical force
against the person of another.
`` `State' means a State, the District of Columbia, and any
commonwealth, territory, or possession of the United States.
`` `traveler' means a victim of a crime of violence who is
not a resident of the State in which the crime of violence
occurred.''.
(b) Technical Amendment.--The chapter analysis for chapter
33 of title 28, United States Code, is amended by adding at
the end the following new item:
``540A. Investigation of violent crimes against travelers.''.
SEC. 320917. EXTENSION OF STATUTE OF LIMITATIONS FOR ARSON.
(a) In General.--Section 844(i) of title 18, United States
Code, is amended by adding at the end the following: ``No
person shall be prosecuted, tried, or punished for any
noncapital offense under this subsection unless the
indictment is found or the information is instituted within 7
years after the date on which the offense was committed.''.
(b) Application of Amendment.--The amendment made by
subsection (a) shall not apply to any offense described in
the amendment that was committed more than 5 years prior to
the date of enactment of this Act.
SEC. 320918. SENSE OF CONGRESS CONCERNING CHILD CUSTODY AND
VISITATION RIGHTS.
It is the sense of the Congress that in determining child
custody and visitation rights, the courts should take into
consideration the history of drunk driving that any person
involved in the determination may have.
SEC. 320919. EDWARD BYRNE MEMORIAL FORMULA GRANT PROGRAM.
Nothing in this Act shall be construed to prohibit or
exclude the expenditure of appropriations to grant recipients
that would have been or are eligible to receive grants under
subpart 1 of part E of the Omnibus Crime Control and Safe
Streets Act of 1968.
SEC. 320920. SENSE OF THE SENATE REGARDING LAW DAY U.S.A.
It is the sense of the Senate that in celebration of ``Law
Day, U.S.A.'', May 1, 1995, the grateful people of this
Nation should give special emphasis to all law enforcement
personnel of the United States, and the grateful people of
this Nation should acknowledge the unflinching and devoted
service law enforcement personnel perform as such personnel
help preserve domestic tranquillity and guarantee the legal
rights of all individuals of this Nation.
SEC. 320921. FIRST TIME DOMESTIC VIOLENCE OFFENDER
REHABILITATION PROGRAM.
(a) Sentence of Probation.--Section 3561 of title 18,
United States Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting the following new subsection after
subsection (a):
``(b) Domestic Violence Offenders.--A defendant who has
been convicted for the first time of a domestic violence
crime shall be sentenced to a term of probation if not
sentenced to a term of imprisonment. The term `domestic
violence crime' means a crime of violence for which the
defendant may be prosecuted in a court of the United States
in which the victim or intended victim is the spouse, former
spouse, intimate partner, former intimate partner, child, or
former child of the defendant, or any relative defendant,
child, or former child of the defendant, or any other
relative of the defendant.''.
(b) Conditions of Probation.--Section 3563(a) of title 18,
United States Code, is amended by--
(1) striking ``and'' at the end of paragraph (2);
(2) striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by inserting the following new paragraph:
``(4) for a domestic violence crime as defined in section
3561(b) by a defendant convicted of such an offense for the
first time that the defendant attend a public, private, or
private non-profit offender rehabilitation program that has
been approved by the court, in consultation with a State
Coalition Against Domestic Violence or other appropriate
experts, if an approved program is readily available within a
50-mile radius of the legal residence of the defendant.''.
(c) Supervised Release.--Section 3583 of title 18, United
States Code, is amended--
(1) in subsection (a) by inserting ``or if the defendant
has been convicted for the first time of a domestic violence
crime as defined in section 3561(b)'' after ``statute''; and
(2) in subsection (d) by inserting the following after the
first sentence: ``The court shall order as an explicit
condition of supervised release for a defendant convicted for
the first time of a domestic violence crime as defined in
section 3561(b) that the defendant attend a public, private,
or private nonprofit offender rehabilitation program that has
been approved by the court, in consultation with a State
Coalition Against Domestic Violence or other appropriate
experts, if an approved program is readily available within a
50-mile radius of the legal residence of the defendant.''.
SEC. 320922. DISPLAY OF FLAGS AT HALFSTAFF.
(a) Public Law 87-726.--The first section of Public Law 87-
726 (36 U.S.C. 167) is amended--
(1) by striking ``(2)'' and inserting ``(3)'';
(2) by inserting after clause (1) the following new clause:
``(2) directing the officials of the Government to display at
halfstaff the flag of the United States on all Government
buildings on such day, as provided by section 3(m) of the Act
of June 22, 1942 (Chapter 435; 56 Stat. 377; 36 U.S.C.
175),'';
(3) by striking ``(3)'' and inserting ``(4)''; and
(4) by inserting in paragraph (4) ``, including the display
at half-staff of the flag of the United States'' after
``activities''.
[[Page 1857]]
(b) Act of June 22, 1942.--Section 3(m) of the Act of June
22, 1942 (Chapter 435; 56 Stat. 377; 36 U.S.C. 175) is
amended by inserting ``The flag shall be flown at half-staff
on Peace Officers Memorial Day, unless that day is also Armed
Forces Day.'' after ``a Member of Congress.''.
SEC. 320923. FINANCIAL INSTITUTION FRAUD.
Section 528 of Public Law 101-509, approved November 5,
1990, is amended by striking ``with the authority of the
Resolution Trust Corporation or its successor'' at the end of
subsection (b)(2) and inserting ``on December 31, 2004''.
SEC. 320924. DEFINITION OF ``PARENT'' FOR THE PURPOSES OF THE
OFFENSE OF KIDNAPPING.
Section 1201 of title 18, United States Code, is amended by
adding at the end the following new subsection:
``(h) As used in this section, the term `parent' does not
include a person whose parental rights with respect to the
victim of an offense under this section have been terminated
by a final court order.''.
SEC. 320926. HATE CRIME STATISTICS ACT.
Subsection (b)(1) of the first section of the Hate Crime
Statistics Act (28 U.S.C. 534 note) is amended by inserting
``disability,'' after ``religion,''.
SEC. 320927. EXEMPTION FROM BRADY BACKGROUND CHECK
REQUIREMENT OF RETURN OF HANDGUN TO OWNER.
Section 922(s)(1) of title 18, United States Code, is
amended in the first sentence by inserting ``(other than the
return of a handgun to the person from whom it was
received)'' after ``handgun''.
SEC. 320928. AMENDMENT OF THE NATIONAL CHILD PROTECTION ACT
OF 1993.
(a) Protection of the Elderly and Individuals With
Disabilities.--
(1) Background checks.--Section 3(a)(1) of the National
Child Protection Act of 1993 (42 U.S.C. 5119a) is amended by
striking ``an individual's fitness to have responsibility for
the safety and well-being of children'' and inserting ``the
provider's fitness to have responsibility for the safety and
well-being of children, the elderly, or individuals with
disabilities''.
(2) Guidelines.--Section 3(b) of the National Child
Protection Act of 1993 (42 U.S.C. 5119b(b)) is amended--
(A) in paragraph (1)(E)--
(i) by striking ``child'' the first place it appears and
inserting ``person''; and
(ii) by striking ``child'' the second place it appears; and
(B) in paragraph (4) by striking ``an individual's fitness
to have responsibility for the safety and well-being of
children'' and inserting ``the provider's fitness to have
responsibility for the safety and well-being of children, the
elderly, or individuals with disabilities''.
(3) Definition of care.--Section 5 of the National Child
Protection Act of 1993 (42 U.S.C. 5119c(5)) is amended--
(A) by amending paragraph (5) to read as follows:
``(5) the term `care' means the provision of care,
treatment, education, training, instruction, supervision, or
recreation to children, the elderly, or individuals with
disabilities;''; and
(B) in paragraph (8) by striking ``child care'' each place
it appears and inserting ``care''.
(b) Information Required To Be Reported.--Section 2(a) of
the National Child Protection Act of 1993 (42 U.S.C. 5119(a))
is amended by adding at the end ``A criminal justice agency
may satisfy the requirement of this subsection by reporting
or indexing all felony and serious misdemeanor arrests and
dispositions.''.
(c) Clarification of Immunity Provision.--Section 3(d) of
the National Child Protection Act of 1993 (42 U.S.C.
5119a(d)) is amended by inserting ``(other than itself)''
after ``failure of a qualified entity''.
(d) Defrayment of Costs to Volunteers of Conducting
Background Checks.--Section 4(b) of the National Child
Protection Act of 1993 (42 U.S.C. 5119b(b)) is amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(E) to assist the State in paying all or part of the cost
to the State of conducting background checks on persons who
are employed by or volunteer with a public, not-for-profit,
or voluntary qualified entity to reduce the amount of fees
charged for such background checks.''.
(e) Fees.--Section 3(e) of the National Child Protection
Act of 1993 is amended by striking ``the actual cost'' and
inserting ``eighteen dollars, respectively, or the actual
cost, whichever is less,''.
(f) Costs of the FBI.--Funds authorized to be appropriated
to the Federal Bureau of Investigation under section
190001(c) of this Act may be used to pay all or part of the
cost to the Federal Bureau of Investigation of carrying out
the National Child Protection Act of 1993, including the cost
of conducting background checks on persons who are employed
by or volunteer with a public, not-for-profit, or voluntary
qualified entity to reduce the amount of fees charged for
such background checks.
(g) Guidelines.--
(1) In general.--The Attorney General, in consultation with
Federal, State, and local officials, including officials
responsible for criminal history record systems, and
representatives of public and private care organizations and
health, legal, and social welfare organizations, shall
develop guidelines for the adoption of appropriate safeguards
by care providers and by States for protecting children, the
elderly, or individuals with disabilities from abuse.
(2) Matters to be addressed.--In developing guidelines
under paragraph (1), the Attorney General shall address the
availability, cost, timeliness, and effectiveness of criminal
history background checks and recommend measures to ensure
that fees for background checks do not discourage volunteers
from participating in care programs.
(3) Dissemination.--The Attorney General shall, subject to
the availability of appropriations, disseminate the
guidelines to State and local officials and to public and
private care providers.
(h) Change of Report Deadline.--Section 2(f)(2) of the
National Child Protection Act of 1993 (42 U.S.C. 5119(f)(2))
is amended by striking ``1 year'' and inserting ``2 years''.
(i) Change of Implementation Deadline.--Section 2(b)(2)(A)
of the National Child Protection Act of 1993 (42 U.S.C.
5119(b)(2)(A)) is amended by striking ``3 years'' and
inserting ``5 years''.
(j) Definition of Child Abuse Cases and Individuals With
Disabilities.--Section 5 of the National Child Protection Act
of 1993 (42 U.S.C. 5119c) is amended--
(1) by redesignating paragraph (6), (7), (8), and (9) as
paragraph (8), (9), (10), and (11), respectively; and
(2) by inserting after paragraph (5) the following new
paragraphs:
``(6) the term `identifiable child abuse crime case' means
a case that can be identified by the authorized criminal
justice agency of the State as involving a child abuse crime
by reference to the statutory citation or descriptive label
of the crime as it appears in the criminal history record;
``(7) the term `individuals with disabilities' means
persons with a mental or physical impairment who require
assistance to perform one or more daily living tasks;''.
SEC. 320929. TENNESSEE VALLEY AUTHORITY LAW ENFORCEMENT
PERSONNEL.
The Tennessee Valley Authority Act of 1933 (16 U.S.C. 831
et seq.) is amended by inserting after section 4 the
following new section:
``Sec. 4A. Law Enforcement.--(a) Designation of Law
Enforcement Agents.--The Board may designate employees of the
corporation to act as law enforcement agents in the area of
jurisdiction described in subsection (c).
``(b) Duties and Powers.--
``(1) Duties.--A law enforcement agent designated under
subsection (a) shall maintain law and order and protect
persons and property in the area of jurisdiction described in
subsection (c) and protect property and officials and
employees of the corporation outside that area.
``(2) Powers.--In the performance of duties described in
paragraph (1), a law enforcement agent designated under
subsection (a) may--
``(A) make arrests without warrant for any offense against
the United States committed in the agent's presence, or for
any felony cognizable under the laws of the United States if
the agent has probable cause to believe that the person to be
arrested has committed or is committing such a felony;
``(B) execute any warrant or other process issued by a
court or officer of competent jurisdiction for the
enforcement of any Federal law or regulation issued pursuant
to law in connection with the investigation of an offense
described in subparagraph (A);
``(C) conduct an investigation of an offense described in
subparagraph (A) in the absence of investigation of the
offense by any Federal law enforcement agency having
investigative jurisdiction over the offense or with the
concurrence of that agency; and
``(D) carry firearms in carrying out any activity described
in subparagraph (A), (B), or (C).
``(c) Area of Jurisdiction.--A law enforcement agent
designated under subsection (a) shall be authorized to
exercise the law enforcement duties and powers described in
subsection (b)--
``(1) on any lands or facilities owned or leased by the
corporation or within such adjoining areas in the vicinities
of such lands or facilities as may be determined by the board
under subsection (e); and
``(2) on other lands or facilities--
``(A) when the person to be arrested is in the process of
fleeing from such lands, facilities, or adjoining areas to
avoid arrest;
``(B) in conjunction with the protection of property or
officials or employees of the corporation on or within lands
or facilities other than those owned or leased by the
corporation; or
``(C) in cooperation with other Federal, State, or local
law enforcement agencies.
``(d) Federal Investigative Jurisdiction and State Civil
and Criminal Jurisdiction Not Preempted.--Nothing in this
section shall be construed to--
``(1) limit or restrict the investigative jurisdiction of
any Federal law enforcement agency; or
``(2) affect any right of a State or a political
subdivision thereof to exercise civil and criminal
jurisdiction on or within lands or facilities owned or leased
by the corporation.
``(e) Determination of Adjoining Areas.--
``(1) In general.--The board shall determine and may from
time-to-time modify the adjoining areas for each facility or
particular area of land, or for individual categories of such
facilities or lands, for the purposes of subsection (c)(1).
``(2) Notice.--A notice and description of each adjoining
area determination or modi-
[[Page 1858]]
fication of a determination made under paragraph (1) shall be
published in the Federal Register.
``(f) Qualifications and Training.--The board, in
consultation with the Attorney General, shall adopt
qualification and training standards for law enforcement
agents designated under subsection (a).
``(g) Relation to Other Law.--A law enforcement agent
designated under subsection (a) shall not be considered to be
a law enforcement officer of the United States for the
purposes of any other law, and no law enforcement agent
designated under subsection (a) or other employee of the
corporation shall receive an increase in compensation solely
on account of this section.
``(h) Relationship With Attorney General.--The duties and
powers of law enforcement agents designated under subsection
(a) that are described in subsection (b) shall be exercised
in accordance with guidelines approved by the Attorney
General.''.
SEC. 320932. ASSISTANT UNITED STATES ATTORNEY RESIDENCY.
Section 545(a) of title 28, United States Code, is
amended--
(1) by striking ``and assistant United States attorney'';
and
(2) by inserting the following after the first sentence:
``Each assistant United States attorney shall reside in the
district for which he or she is appointed or within 25 miles
thereof.''.
SEC. 320933. LABELS ON PRODUCTS.
To the extent any person introduces, delivers for
introduction, sells, advertises, or offers for sale in
commerce a product with a ``Made in the U.S.A.'' or ``Made in
America'' label, or the equivalent thereof, in order to
represent that such product was in whole or substantial part
of domestic origin, such label shall be consistent with
decisions and orders of the Federal Trade Commission issued
pursuant to section 5 of the Federal Trade Commission Act.
This section only applies to such labels. Nothing in this
section shall preclude the application of other provisions of
law relating to labeling. The Commission may periodically
consider an appropriate percentage of imported components
which may be included in the product and still be reasonably
consistent with such decisions and orders. Nothing in this
section shall preclude use of such labels for products that
contain imported components under the label when the label
also discloses such information in a clear and conspicuous
manner. The Commission shall administer this section pursuant
to section 5 of the Federal Trade Commission Act and may from
time to time issue rules pursuant to section 553 of Title 5,
United States Code for such purpose. If a rule is issued,
such violation shall be treated by the Commission as a
violation of a rule under section 18 of the Federal Trade
Commissions Act (15 U.S.C. 57a) regarding unfair or deceptive
acts or practices. This section shall be effective upon
publication in the Federal Register of a Notice of the
provisions of this section. The Commission shall publish such
notice within six months after the enactment of this section.
SEC. 320934. NON-DISCHARGEABILITY OF PAYMENT OF RESTITUTION
ORDER.
Section 523(a) of title 11, United States Code, is
amended--
(1) by striking ``or'' at the end of paragraph (11);
(2) by striking the period at the end of paragraph (12) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(13) for any payment of an order of restitution issued
under title 18, United States Code.''
SEC. 320935 ADMISSIBILITY OF EVIDENCE OF SIMILAR CRIMES IN
SEX OFFENSE CASES.
(a) The Federal Rules of Evidence are amended by adding
after Rule 412 the following new rules:
``Rule 413. Evidence of Similar Crimes in Sexual Assault
Cases
``(a) In a criminal case in which the defendant is accused
of an offense of sexual assault, evidence of the defendant's
commission of another offense or offenses of sexual assault
is admissible, and may be considered for its bearing on any
matter to which it is relevant.
``(b) In a case in which the Government intends to offer
evidence under this rule, the attorney for the Government
shall disclose the evidence to the defendant, including
statements of witnesses or a summary of the substance of any
testimony that is expected to be offered, at least fifteen
days before the scheduled date of trial or at such later time
as the court may allow for good cause.
``(c) This rule shall not be construed to limit the
admission or consideration of evidence under any other rule.
``(d) For purposes of this rule and Rule 415, ``offense of
sexual assault'' means a crime under Federal law or the law
of a State (as defined in section 513 of title 18, United
States Code) that involved--
``(1) any conduct proscribed by chapter 109A of title 18,
United States Code;
``(2) contact, without consent, between any part of the
defendant's body or an object and the genitals or anus of
another person;
``(3) contact, without consent, between the genitals or
anus of the defendant and any part of another person's body;
``(4) deriving sexual pleasure or gratification from the
infliction of death, bodily injury, or physical pain on
another person; or
``(5) an attempt or conspiracy to engage in conduct
described in paragraph (1)-(4).
``Rule 414. Evidence of Similar Crimes in Child Molestation
Cases
``(a) In a criminal case in which the defendant is accused
of an offense of child molestation, evidence of the
defendant's commission of another offense or offenses of
child molestation is admissible, and may be considered for
its bearing on any matter to which it is relevant.
``(b) In a case in which the Government intends to offer
evidence under this rule, the attorney for the Government
shall disclose the evidence to the defendant, including
statements of witnesses or a summary of the substance of any
testimony that is expected to be offered, at least fifteen
days before the scheduled date of trial or at such later time
as the court may allow for good cause.
``(c) This rule shall not be construed to limit the
admission or consideration of evidence under any other rule.
``(d) For purposes of this rule and Rule 415, ``child''
means a person below the age of fourteen, and ``offense of
child molestation'' means a crime under Federal law or the
law of a State (as defined in section 513 of title 18, United
States Code) that involved--
``(1) any conduct proscribed by chapter 109A of title 18,
United States Code, that was committed in relation to a
child;
``(2) any conduct proscribed by chapter 110 of title 18,
United States Code;
``(3) contact between any part of the defendant's body or
an object and the genitals or anus of a child;
``(4) contact between the genitals or anus of the defendant
and any part of the body of a child;
``(5) deriving sexual pleasure or gratification from the
infliction of death, bodily injury, or physical pain on a
child; or
``(6) an attempt or conspiracy to engage in conduct
described in paragraphs (1)-(5).
``Rule 415. Evidence of Similar Acts in Civil Cases
Concerning Sexual Assault or Child Molestation
``(a) In a civil case in which a claim for damages or other
relief is predicated on a party's alleged commission of
conduct constituting an offense of sexual assault or child
molestation, evidence of that party's commission of another
offense or offenses of sexual assault or child molestation is
admissible and may be considered as provided in Rule 413 and
Rule 414 of these rules.
``(b) A party who intends to offer evidence under this Rule
shall disclose the evidence to the party against whom it will
be offered, including statements of witnesses or a summary of
the substance of any testimony that is expected to be
offered, at least fifteen days before the scheduled date of
trial or at such later time as the court may allow for good
cause.
``(c) This rule shall not be construed to limit the
admission or consideration of evidence under any other
rule.''
(b) Implementation.--The amendments made by subsection (a)
shall become effective pursuant to subsection (d).
(c) Recommendations by Judicial Conference.--Not later than
150 days after the date of enactment of this Act, the
Judicial Conference of the United States shall transmit to
Congress a report containing recommendations for amending the
Federal Rules of Evidence as they affect the admission of
evidence of a defendant's prior sexual assault or child
molestation crimes in cases involving sexual assault and
child molestation. The Rules Enabling Act shall not apply to
the recommendations made by the Judicial Conference pursuant
to this section.
(d) Congressional Action.--
(1) If the recommendations described in subsection (c) are
the same as the amendments made by subsection (a) then the
amendments made by subsection (a) shall become effective 30
days after the transmittal of the recommendations.
(2) If the recommendations described in subsection (c) are
different than the amendments made by subsection (a), the
amendments made by subsection (a) shall become effective 150
days after the transmittal of the recommendations unless
otherwise provided by law.
(3) If the Judicial Conference fails to comply with
subsection (c), the amendments made by subsection (a) shall
become effective 150 days after the date the recommendations
were due under subsection (c) unless otherwise provided by
law.
(e) Application.--The amendments made by subsection (a)
shall apply to proceedings commenced on or after the
effective date of such amendments.
TITLE XXXIII--TECHNICAL CORRECTIONS
SEC. 330001. AMENDMENTS RELATING TO FEDERAL FINANCIAL
ASSISTANCE FOR LAW ENFORCEMENT.
(a) Cross Reference Corrections.--Section 506 of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3756) is amended--
(1) in subsection (a) by striking ``Of'' and inserting
``Subject to subsection (f), of'';
(2) in subsection (c) by striking ``subsections (b) and
(c)'' and inserting ``subsection (b)'';
(3) in subsection (e) by striking ``or (e)'' and inserting
``or (f)''; and
(4) in subsection (f)(1)--
(A) in subparagraph (A)--
(i) by striking ``, taking into consideration subsection
(e) but''; and
(ii) by striking ``this subsection,'' and inserting ``this
subsection''; and
(B) in subparagraph (B) by striking ``amount'' and
inserting ``funds''.
(b) Correctional Options Grants.--(1) Section 515(b) of
title I of the Omnibus Crime
[[Page 1859]]
Control and Safe Streets Act of 1968 is amended--
(A) by striking ``subsection (a)(1) and (2)'' and inserting
``paragraphs (1) and (2) of subsection (a)''; and
(B) in paragraph (2) by striking ``States'' and inserting
``public agencies''.
(2) Section 516 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended--
(A) in subsection (a) by striking ``for section'' each
place it appears and inserting ``shall be used to make grants
under section''; and
(B) in subsection (b) by striking ``section 515(a)(1) or
(a)(3)'' and inserting ``paragraph (1) or (3) of section
515(a)''.
(3) Section 1001(a)(5) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(5))
is amended by inserting ``(other than chapter B of subpart
2)'' after ``and E''.
(c) Denial or Termination of Grant.--Section 802(b) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3783(b)) is amended by striking ``M,,'' and
inserting ``M,''.
(d) Definitions.--Section 901(a)(21) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3791(21)) is amended by adding a semicolon at the end.
(e) Public Safety Officers Disability Benefits.--Title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796) is amended--
(1) in section 1201--
(A) in subsection (a) by striking ``subsection (g)'' and
inserting ``subsection (h),''; and
(B) in subsection (b)--
(i) by striking ``subsection (g)'' and inserting
``subsection (h)'';
(ii) by striking ``personal''; and
(iii) in the first proviso by striking ``section'' and
inserting ``subsection''; and
(2) in section 1204(3) by striking ``who was responding to
a fire, rescue or police emergency''.
(f) Headings.--(1) The heading for part M of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3797) is amended to read as follows:
``Part M--Regional Information Sharing Systems''.
(2) The heading for part O of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3797) is
amended to read as follows:
``Part O--Rural Drug Enforcement''.
(g) Table of Contents.--The table of contents of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 is
amended--
(1) in the item relating to section 501 by striking ``Drug
Control and System Improvement Grant'' and inserting ``drug
control and system improvement grant'';
(2) in the item relating to section 1403 by striking
``Application'' and inserting ``Applications''; and
(3) in the items relating to part O by redesignating
sections 1401 and 1402 as sections 1501 and 1502,
respectively.
(h) Other Technical Amendments.--Title I of the Omnibus
Crime Control and Safe Streets Act of 1968 is amended--
(1) in section 202(c)(2)(E) by striking ``crime,,'' and
inserting ``crime,'';
(2) in section 302(c)(19) by striking a period at the end
and inserting a semicolon;
(3) in section 602(a)(1) by striking ``chapter 315'' and
inserting ``chapter 319'';
(4) in section 603(a)(6) by striking ``605'' and inserting
``606'';
(5) in section 605 by striking ``this section'' and
inserting ``this part'';
(6) in section 606(b) by striking ``and Statistics'' and
inserting ``Statistics'';
(7) in section 801(b)--
(A) by striking ``parts D,'' and inserting ``parts'';
(B) by striking ``part D'' each place it appears and
inserting ``subpart 1 of part E'';
(C) by striking ``403(a)'' and inserting ``501''; and
(D) by striking ``403'' and inserting ``503'';
(8) in the first sentence of section 802(b) by striking
``part D,'' and inserting ``subpart 1 of part E or under
part'';
(9) in the second sentence of section 804(b) by striking
``Prevention or'' and inserting ``Prevention, or'';
(10) in section 808 by striking ``408, 1308,'' and
inserting ``507'';
(11) in section 809(c)(2)(H) by striking ``805'' and
inserting ``804'';
(12) in section 811(e) by striking ``Law Enforcement
Assistance Administration'' and inserting ``Bureau of Justice
Assistance'';
(13) in section 901(a)(3) by striking ``and,'' and
inserting ``, and'';
(14) in section 1001(c) by striking ``parts'' and inserting
``part''.
(i) Conforming Amendment to Other Law.--Section 4351(b) of
title 18, United States Code, is amended by striking
``Administrator of the Law Enforcement Assistance
Administration'' and inserting ``Director of the Bureau of
Justice Assistance''.
SEC. 330002. GENERAL TITLE 18 CORRECTIONS.
(a) Section 1031.--Section 1031(g)(2) of title 18, United
States Code, is amended by striking ``a government'' and
inserting ``a Government''.
(b) Section 208.--Section 208(c)(1) of title 18, United
States Code, is amended by striking ``Banks'' and inserting
``banks''.
(c) Section 1007.--The heading for section 1007 of title
18, United States Code, is amended by striking
``Transactions'' and inserting ``transactions''.
(d) Section 1014.--Section 1014 of title 18, United States
Code, is amended by striking the comma that follows a comma.
(e) Elimination of Obsolete Cross Reference.--Section 3293
of title 18, United States Code, is amended by striking
``1008,''.
(f) Elimination of Duplicate Subsection Designation.--
Section 1031 of title 18, United States Code, is amended by
redesignating the second subsection (g) as subsection (h).
(g) Technical Amendment to Part Analysis for Part I.--The
item relating to chapter 33 in the part analysis for part I
of title 18, United States Code, is amended by striking
``701'' and inserting ``700''.
(h) Amendment to Section 924(a)(1)(B).--Section
924(a)(1)(B) of title 18, United States Code, is amended by
striking ``(q)'' and inserting ``(r)''.
(i) Punctuation Correction.--Section 207(c)(2)(A)(ii) of
title 18, United States Code, is amended by striking the
semicolon at the end and inserting a comma.
(j) Chapter Analysis Correction.--The chapter analysis for
chapter 223 of title 18, United States Code, is amended by
adding at the end the following:
``3509. Child Victims' and child witnesses' rights.''.
(k) Elimination of Superfluous Comma.--Section 3742(b) of
title 18, United States Code, is amended by striking
``Government,'' and inserting ``Government''.
SEC. 330003. CORRECTIONS OF ERRONEOUS CROSS REFERENCES AND
MISDESIGNATIONS.
(a) Section 1791 of Title 18.--Section 1791(b) of title 18,
United States Code, is amended by striking ``(c)'' each place
it appears and inserting ``(d)''.
(b) Section 2703 of Title 18.--Section 2703(d) of title 18,
United States Code, is amended by striking ``section
3126(2)(A)'' and inserting ``section 3127(2)(A)''.
(c) Section 666 of Title 18.--Section 666(d) of title 18,
United States Code, is amended--
(1) by redesignating the second paragraph (4) as paragraph
(5);
(2) by striking ``and'' at the end of paragraph (3); and
(3) by striking the period at the end of paragraph (4) and
inserting ``; and''.
(d) Section 4247 of Title 18.--Section 4247(h) of title 18,
United States Code, is amended by striking ``subsection (e)
of section 4241, 4243, 4244, 4245, or 4246,'' and inserting
``subsection (e) of section 4241, 4244, 4245, or 4246, or
subsection (f) of section 4243,''.
(e) Section 408 of the Controlled Substance.--Section
408(b)(2)(A) of the Controlled Substances Act (21 U.S.C.
848(b)(2)(A)) is amended by striking ``subsection (d)(1)''
and inserting ``subsection (c)(1)''.
(f) Maritime Drug Law Enforcement Act.--(1) Section 994(h)
of title 28, United States Code, is amended by striking
``section 1 of the Act of September 15, 1980 (21 U.S.C.
955a)'' each place it appears and inserting ``the Maritime
Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.)''.
(2) Section 924(e) of title 18, United States Code, is
amended by striking ``the first section or section 3 of
Public Law 96-350 (21 U.S.C. 955a et seq.)'' and inserting
``the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901
et seq.)''.
(g) Section 2596 of the Crime Control Act of 1990.--Section
2596(d) of the Crime Control Act of 1990 is amended,
effective retroactively to the date of enactment of such Act,
by striking ``951(c)(1)'' and inserting ``951(c)(2)''.
(h) Federal Rules of Criminal Procedure.--Rule 46(i)(1) of
the Federal Rules of Criminal Procedure for the United States
Courts is amended by striking ``18 U.S.C. Sec. 3144'' and
inserting ``18 U.S.C. Sec. 3142''.
SEC. 330004. REPEAL OF OBSOLETE PROVISIONS IN TITLE 18.
Title 18, United States Code, is amended--
(1) in section 212 by striking ``or of any National
Agricultural Credit Corporation,'' and by striking ``or
National Agricultural Credit Corporations,'';
(2) in section 213 by striking ``or examiner of National
Agricultural Credit Corporations'';
(3) in section 709 by striking the seventh and thirteenth
paragraphs;
(4) in section 711 by striking the second paragraph;
(5) by striking section 754 and amending the chapter
analysis for chapter 35 by striking the item relating to
section 754;
(6) in sections 657 and 1006 by striking ``Reconstruction
Finance Corporation,'' and striking ``Farmers' Home
Corporation,'';
(7) in section 658 by striking ``Farmers' Home
Corporation,'';
(8) in section 1013 by striking ``, or by any National
Agricultural Credit Corporation'';
(9) in section 1160 by striking ``white person'' and
inserting ``non-Indian'';
(10) in section 1698 by striking the second paragraph;
(11) by striking sections 1904 and 1908 and amending the
chapter analysis for chapter 93 by striking the items
relating to those sections;
(12) in section 1909 by inserting ``or'' before ``farm
credit examiner'' and by striking ``or an examiner of
National Agricultural Credit Corporations,'';
(13) by striking sections 2157 and 2391 and amending the
chapter analysis for chapter 105 and for 115, respectively,
by striking the items relating to those sections;
(14) in section 2257 by striking the subsections (f) and
(g) that were enacted by Public Law 100-690;
(15) in section 3113 by striking the third paragraph;
(16) in section 3281 by striking ``except for offenses
barred by the provisions of law existing on August 4, 1939'';
[[Page 1860]]
(17) in section 443 by striking ``or (3) five years after
12 o'clock noon of December 31, 1946,'';
(18) in sections 542, 544, and 545 by striking ``the
Philippine Islands,''; and
(19) in section 1073--
(A) by striking ``or which, in the case of New Jersey, is a
high misdemeanor under the laws of said State,''; and
(B) by striking ``or which in the case of New Jersey, is a
high misdemeanor under the laws of said State,''.
SEC. 330005. CORRECTION OF DRAFTING ERROR IN THE FOREIGN
CORRUPT PRACTICES ACT.
Section 104(a)(3) of the Foreign Corrupt Practices Act of
1977 (15 U.S.C. 78dd-2) is amended by striking ``issuer'' and
inserting ``domestic concern''.
SEC. 330006. ELIMINATION OF REDUNDANT PENALTY PROVISION IN 18
U.S.C. 1116.
Section 1116(a) of title 18, United States Code, is amended
by striking ``, and any such person who is found guilty of
attempted murder shall be imprisoned for not more than twenty
years''.
SEC. 330007. ELIMINATION OF REDUNDANT PENALTY.
Section 1864(c) of title 18, United States Code, is amended
by striking ``(b) (3), (4), or (5)'' and inserting
``(b)(5)''.
SEC. 330008. CORRECTIONS OF MISSPELLINGS AND GRAMMATICAL
ERRORS.
Title 18, United States Code, is amended--
(1) in section 513(c)(4) by striking ``association or
persons'' and inserting ``association of persons'';
(2) in section 1956(e) by striking ``Evironmental'' and
inserting ``Environmental'';
(3) in section 3125--
(A) in subsection (a)(2) by striking ``use'' and the
quotation mark that immediately follows it and inserting
``use;'';
(B) by realigning the matter in subsection (a)(2) that
begins with ``may have installed'' and ends with ``section
3123 of this title'' so that it is flush to the left margin;
and
(C) by striking ``provider for'' and inserting ``provider
of'' in subsection (d);
(4) in section 3731 by striking ``order of a district
courts'' and inserting ``order of a district court'' in the
second undesignated paragraph;
(5) in section 151 by striking ``mean'' and inserting
``means'';
(6) in section 208(b) by inserting ``if'' after ``(4)'';
(7) in section 209(d) by striking ``under the terms of the
chapter 41'' and inserting ``under the terms of chapter 41'';
(8) in section 1014 by inserting a comma after ``National
Credit Union Administration Board`'; and
(9) in section 3291 by striking ``the afore-mentioned'' and
inserting ``such''.
SEC. 330009. OTHER TECHNICAL AMENDMENTS.
(a) Section 419 of Controlled Substances Act.--Section
419(b) of the Controlled Substances Act (21 U.S.C. 860(b)) is
amended by striking ``years Penalties'' and inserting
``years. Penalties''.
(b) Section 667.--Section 667 of title 18, United States
Code, is amended by adding at the end the following: ``The
term `livestock' has the meaning set forth in section 2311 of
this title.''.
(c) Section 1114.--Section 1114 of title 18, United States
Code, is amended by striking ``or any other officer, agency,
or employee of the United States'' and inserting ``or any
other officer or employee of the United States or any agency
thereof''.
(d) Section 408 of Controlled Substances Act.--Section
408(q)(8) of the Controlled Substances Act (21 U.S.C.
848(q)(8)) is amended by striking ``applications, for writ''
and inserting ``applications for writ''.
SEC. 330010. CORRECTION OF ERRORS FOUND DURING CODIFICATION.
Title 18, United States Code, is amended--
(1) in section 212 by striking ``218'' and inserting
``213'';
(2) in section 1917--
(A) by striking ``Civil Service Commission'' and inserting
``Office of Personnel Management''; and
(B) by striking ``the Commission'' in paragraph (1) and
inserting ``such Office'';
(3) by transferring the subchapter analysis for each
subchapter of each of chapters 227 and 229 to follow the
heading of that subchapter;
(4) so that the heading of section 1170 reads as follows:
``Sec. 1170. Illegal trafficking in Native American human
remains and cultural items'';
(5) so that the item relating to section 1170 in the
chapter analysis for chapter 53 reads as follows:
``1170. Illegal trafficking in Native American human remains and
cultural items.'';
(6) in section 3509(a) by striking paragraph (11) and
redesignating paragraphs (12) and (13) as paragraphs (11) and
(12), respectively;
(7) in section 3509--
(A) by striking ``subdivision'' each place it appears and
inserting ``subsection''; and
(B) by striking ``government'' each place it appears and
inserting ``Government'';
(8) in section 2252(a)(3)(B) by striking ``materails'' and
inserting `` materials'';
(9) in section 14 by striking ``45,'' and ``608, 611,
612,'';
(10) in section 3059A--
(A) in subsection (b) by striking ``this subsection'' and
inserting ``subsection''; and
(B) in subsection (c) by striking ``this subsection'' and
inserting ``subsection'';
(11) in section 1761(c)--
(A) by striking ``and'' at the end of paragraph (1);
(B) by inserting ``and'' at the end of paragraph (3); and
(C) by striking the period at the end of paragraph (2)(B)
and inserting a semicolon;
(12) in the chapter analysis for chapter 11--
(A) in the item relating to section 203 by inserting a
comma after ``officers'' and by striking the comma after
``others''; and
(B) in the item relating to section 204 by inserting
``the'' before ``United States Court of Appeals for the
Federal Circuit'';
(13) in the chapter analysis for chapter 23, in the item
relating to section 437, by striking the period immediately
following ``Indians'';
(14) in the chapter analysis for the beginning of chapter
25, in the item relating to section 491, by striking the
period immediately following ``paper used as money'';
(15) in section 207(a)(3) by striking ``Clarification of
Restrictions'' and inserting ``Clarification of
restrictions'';
(16) in section 176 by striking ``the government'' and
inserting ``the Government'';
(17) in section 3059A(e)(2)(iii) by striking ``backpay''
and inserting ``back pay''; and
(18) by adding a period at the end of the item relating to
section 3059A in the chapter analysis for chapter 203.
SEC. 330011. PROBLEMS RELATED TO EXECUTION OF PRIOR
AMENDMENTS.
(a) Incorrect Reference.--Section 2587(b) of Public Law
101-647 is amended, effective as of the date on which that
section took effect, by striking ``The chapter heading for''
and inserting ``The chapter analysis for''.
(b) Lack of Punctuation in Stricken Language.--Section
46(b) of the Criminal Law and Procedure Technical Amendments
Act of 1986 is amended, effective as of the date on which
that section took effect, so that--
(A) in paragraph (1), the matter proposed to be stricken
from the beginning of section 201(b) of title 18, United
States Code, reads ``(b) Whoever, directly''; and
(B) in paragraph (2), a comma, rather than a semicolon,
appears after ``his lawful duty'' in the matter to be
stricken from paragraph (3) of section 201(b) of that title.
(c) Biological Weapons.--(1) Section 3(b) of the Biological
Weapons Anti-Terrorism Act of 1989 is amended, effective as
of the date on which that section took effect, by striking
``2516(c)'' and inserting ``2516(1)(c)''.
(2) The item in the part analysis for part I of title 18,
United States Code, that relates to chapter 10 is amended by
striking ``Weapons'' and inserting ``weapons''.
(d) Placement of New Section.--Section 404(a) of Public Law
101-630 is amended, effective on the date such section took
effect, by striking ``adding at the end thereof'' each place
it appears and inserting ``inserting after section 1169''.
(e) Elimination of Erroneous Characterization of Matter
Inserted.--Section 225(a) of Public Law 101-647 is amended,
effective as of the date on which that section took effect,
by striking ``new rule''.
(f) Clarification of Placement of Amendment.--Section
1205(c) of Public Law 101-647 is amended, effective as of the
date on which that section took effect, by inserting ``at the
end'' after ``adding''.
(g) Elimination of Duplicate Amendment.--Section 1606 of
Public Law 101-647 (amending section 1114 of title 18, United
States Code) is repealed effective as of the date of
enactment of that section.
(h) Error in Amendment Phrasing.--Section 3502 of Public
Law 101-647 is amended, effective as of the date on which
that section took effect, by striking ``10'' and inserting
``ten''.
(i) Clarification that Amendments Were to Title 18.--
Sections 3524, 3525, and 3528 of Public Law 101-647 are each
amended, effective as of the date on which those sections
took effect, by inserting ``of title 18, United States Code''
before ``is amended''.
(j) Correction of Paragraph Reference.--Section 3527 of
Public Law 101-647 is amended, effective as of the date on
which that section took effect, by striking ``4th'' and
inserting ``5th''.
(k) Repeal of Obsolete Technical Correction to Section
1345.--Section 3542 of Public Law 101-647 is repealed,
effective as of the date of its enactment.
(l) Repeal of Obsolete Technical Correction to Section
1956.--Section 3557(2)(E) of Public Law 101-647 is repealed,
effective as of the date of its enactment.
(m) Clarification of Placement of Amendments.--Public Law
101-647 is amended, effective as of the date of its
enactment--
(1) in section 3564(1) by inserting ``each place it
appears'' after the quotation mark following ``2251'' the
first place it appears; and
(2) in section 3565(3)(A) by inserting ``each place it
appears'' after the quotation mark following ``subchapter''.
(n) Correction of Word Quoted in Amendment.--Section
3586(1) of Public Law 101-647 is amended, effective as of the
date on which that section took effect, by striking ``fines''
and inserting ``fine''.
(o) Elimination of Obsolete Technical Amendment to Section
4013.--Section 3599 of Public Law 101-647 is repealed,
effective as of the date of its enactment.
(p) Correction of Directory Language.--Section 3550 of
Public Law 101-647 is amended, effective as of the date on
which that section took effect, by striking ``not more
than''.
(q) Repeal of Duplicate Provisions.--(1) Section 3568 of
Public Law 101-647 is repealed, effective as of the date on
which that section took effect.
[[Page 1861]]
(2) Section 1213 of Public Law 101-647 is repealed,
effective as of the date on which that section took effect.
(r) Correction of Words Quoted in Amendment.--Section
2531(3) of Public Law 101-647 is amended, effective as of the
date on which that section took effect, by striking
``1679(c)(2)'' and inserting ``1679a(c)(2)''.
(s) Forfeiture.--(1) Section 1401 of Public Law 101-647 is
amended, effective as of the date on which that section took
effect--
(A) by inserting a comma after ``, 5316''; and
(B) by inserting ``the first place it appears'' after the
quotation mark following ``5313(a)''.
(2) Section 2525(a)(2) of Public Law 101-647 is amended,
effective as of the date on which that section took effect,
by striking ``108(3)'' and inserting ``2508(3)''.
SEC. 330012. AMENDMENT TO SECTION 1956 OF TITLE 18 TO
ELIMINATE DUPLICATE PREDICATE CRIMES.
Section 1956 of title 18, United States Code, is amended in
subsection (c)(7)(E), by striking the period that follows a
period.
SEC. 330013. AMENDMENTS TO PART V OF TITLE 18.
Part V of title 18, United States Code, is amended--
(1) by inserting after the heading for that part the
following:
``CHAPTER 601--IMMUNITY OF WITNESSES'';
(2) in section 6001(1)--
(A) by striking ``Atomic Energy Commission'' and inserting
``Nuclear Regulatory Commission''; and
(B) by striking ``the Subversive Activities Control
Board,''
(3) by striking ``part'' the first place it appears and
inserting ``chapter''; and
(4) by striking ``part'' each other place it appears and
inserting ``title''.
SEC. 330014. UPDATE OF CROSS REFERENCE.
Section 408(n)(11) of the Controlled Substances Act is
amended by striking ``section 405'' and inserting ``section
418''.
SEC. 330015. CORRECTION OF ERROR IN AMENDATORY LANGUAGE.
Section 1904 of Public Law 101-647 is amended, effective as
of the date on which that section took effect, by striking
``by inserting a new subsection (e) as follows'' and
inserting ``so that subsection (e) reads as follows''.
SEC. 330016. CORRECTION OF MISLEADING AND OUTMODED FINE
AMOUNTS IN OFFENSES UNDER TITLE 18.
Title 18, United States Code, is amended--
(1)(A) in sections 1693, 1694, 1695, and 1696 by striking
``not more than $50'' and inserting ``under this title'';
(B) in sections 333, 489, 754, 1303, 1699, 1701, 1703,
1710, 1723, 1726, 1730, and 2390 by striking ``not more than
$100'' and inserting ``under this title'';
(C) in sections 1697 and 1698 by striking ``not more than
$150'' and inserting ``under this title'';
(D) in sections 1165 and 2279 by striking ``not more than
$200'' and inserting ``under this title'';
(E) in sections 701, 702, 703, 704, 705, 706, 707, 708,
710, 711, 711a, 713, 715, 1164, and 1858 by striking ``not
more than $250'' each place it appears and inserting ``under
this title'';
(F) in sections 916, 1501, 1502, 1719, 1725, and 1861 by
striking ``not more than $300'' and inserting ``under this
title'';
(G) in sections 4, 41, 42, 46, 47, 112, 154, 244, 288, 290,
336, 475, 501, 502, 755, 872, 875, 876, 877, 917, 1013, 1018,
1024, 1154, 1155, 1156, 1382, 1541, 1700, 1703, 1704, 1707,
1712, 1713, 1720, 1721, 1722, 1729, 1731, 1734, 1752, 1793,
1856, 1857, 1863, 1912, 1913, 1922, 2074, 2195, and 2511 by
striking ``not more than $500'' each place it appears and
inserting ``under this title'';
(H) in sections 81, 210, 211, 215, 217, 242, 245, 291, 292,
439, 442, 480, 483, 484, 490, 491, 494, 495, 503, 507, 510,
594, 595, 596, 597, 598, 599, 604, 605, 641, 643, 645, 646,
647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658,
659, 661, 662, 665, 712, 751, 752, 756, 795, 796, 797, 836,
844, 871, 875, 876, 877, 879, 911, 912, 913, 924, 957, 959,
961, 1003, 1012, 1021, 1025, 1026, 1071, 1112, 1163, 1262,
1263, 1264, 1301, 1302, 1304, 1306, 1341, 1342, 1343, 1361,
1363, 1384, 1504, 1508, 1509, 1657, 1705, 1706, 1707, 1711,
1715, 1716, 1733, 1738, 1761, 1762, 2276, 2277, 2278, 2382,
and 2389 by striking ``not more than $1,000'' each place it
appears and inserting ``under this title'';
(I) in sections 331, 482, 486, 499, 755, 873, 958, 1016,
1154, 1156, 1381, 1542, 1543, 1544, 1545, 1586, 1621, 1622,
1702, 1708, 1709, 1920, 1921, 1923, 2071, 2193, 2233, 2386,
and 2424 by striking ``not more than $2,000'' each place it
appears and inserting ``under this title'';
(J) in sections 431, 432, 479, 960, 1859, 1901, 1911, and
1959 by striking ``not more than $3,000'' and inserting
``under this title'';
(K) in sections 35, 81, 112, 152, 153, 155, 212, 213, 214,
285, 334, 351, 435, 436, 438, 471, 472, 473, 476, 477, 478,
481, 485, 487, 488, 497, 498, 505, 506, 508, 509, 541, 542,
543, 544, 546, 547, 548, 549, 550, 551, 552, 592, 593, 602,
603, 606, 607, 642, 655, 658, 659, 660, 661, 663, 751, 799,
844, 872, 874, 875, 876, 877, 878, 914, 915, 924, 953, 954,
956, 1004, 1010, 1011, 1015, 1017, 1025, 1028, 1071, 1073,
1074, 1163, 1169, 1231, 1265, 1363, 1421, 1422, 1423, 1424,
1425, 1426, 1427, 1428, 1429, 1461, 1462, 1463, 1465, 1503,
1505, 1506, 1507, 1510, 1581, 1582, 1583, 1584, 1585, 1588,
1658, 1659, 1717, 1732, 1735, 1737, 1751, 1906, 1907, 1908,
1909, 1915, 1991, 2072, 2073, 2113, 2217, 2152, 2197, 2231,
2244, 2314, 2316, 2317, 2344, and 2701 by striking ``not more
than $5,000'' each place it appears and inserting ``under
this title'';
(L) in sections 33, 224, 231, 241, 245, 246, 286, 289, 332,
335, 337, 351, 371, 437, 440, 441, 493, 496, 500, 510, 545,
595, 599, 600, 601, 641, 664, 665, 667, 757, 792, 793, 798,
844, 892, 893, 894, 924, 952, 955, 962, 963, 964, 965, 966,
967, 970, 1001, 1002, 1003, 1019, 1020, 1022, 1023, 1027,
1082, 1084, 1115, 1202, 1361, 1362, 1364, 1365, 1385, 1461,
1462, 1464, 1587, 1623, 1654, 1656, 1735, 1737, 1751, 1902,
1903, 1904, 1910, 1951, 1952, 1953, 1954, 1958, 1992, 2101,
2113, 2153, 2154, 2155, 2156, 2231, 2232, 2271, 2274, 2275,
2314, 2315, 2383, 2386, 2387, 2388, and 2512 by striking
``not more than $10,000'' each place it appears and inserting
``under this title'';
(M) in section 1028 by striking ``not more than $15,000''
and inserting ``under this title'';
(N) in sections 844, 878, 1728, 1955, 1958, 2321, 2384, and
2385 by striking ``not more than $20,000'' each place it
appears and inserting ``under this title'';
(O) in sections 32, 114, 753, 1028, 1365, 1512, 1792, and
2118 by striking ``not more than $25,000'' each place it
appears and inserting ``under this title'';
(P) in section 2118 by striking ``not more than $35,000''
and inserting ``under this title'';
(Q) in sections 1365, 1958, and 2118 by striking ``not more
than $50,000'' and inserting ``under this title'';
(R) in section 951 by striking ``not more than $75,000''
and inserting ``under this title'';
(S) in sections 32, 1167, 1365, 2251, and 2344 by striking
``not more than $100,000'' each place it appears and
inserting ``under this title'';
(T) in section 2251 by striking ``not more than $200,000''
and inserting ``under this title''; and
(U) in sections 1158, 1167, 1512, 1513, 2251, 2318, 2320,
and 2701 by striking ``not more than $250,000'' and inserting
``under this title'';
(2)(A) in sections 3 and 373 by inserting
``(notwithstanding section 3571)'' before ``fined not more
than one-half'';
(B) in section 113 by striking ``fine of not more than''
through the immediately following dollar amount each place it
appears and inserting ``a fine under this title'';
(C) in sections 115, 513, 709, 831, 1366, 1511 and 1959 by
striking ``of not more than'' through the immediately
following dollar amount each place it appears and inserting
``under this title'';
(D) in section 201 by inserting ``under this title or''
after ``be fined''; and by inserting ``whichever is
greater,'' before ``or imprisoned'';
(E) in section 402 by striking ``fine'' the first place it
appears and inserting ``a fine under this title'';
(F) in section 443 by striking ``shall, if a corporation,
be fined not more than $50,000, and, if a natural person, be
fined not more than $10,000'' and inserting ``shall be fined
under this title'';
(G) in sections 643, 644, 645, 647, 648, 649, 650, 651,
652, 653, and 1711 by inserting ``under this title or'' after
``be fined'' the first place it appears; and by inserting ``,
whichever is greater,'' before ``or imprisoned the first
place it appears;
(H) in sections 646 and 654 by inserting ``under this title
or'' after ``be fined'' the first place it appears; and by
inserting ``whichever is greater,'' before ``or imprisoned''
the first place it appears;
(I) in section 1029 by striking ``of not more than''
through the immediately following dollar amount each place it
appears and inserting ``under this title''; and by inserting
``, whichever is greater,'' before ``or imprisonment'' each
place it appears;
(J) in section 2381 by inserting ``under this title but''
before ``not less than $10,000''; and
(K) in section 3146(b)(1)(A)(iv) by striking ``fine under
this chapter'' and inserting ``fined under this title''.
SEC. 330017. TECHNICAL CORRECTIONS TO TITLE 31 CRIMES.
(a) Title 31, U.S.C., Amendments.--
(1) Section 5321(a)(5)(A) of title 31, United States Code,
is amended by inserting ``any violation of'' after
``causing''.
(2) Section 5324(a) of title 31, United States Code, is
amended--
(A) by striking ``section 5313(a), section 5325, or the
regulations issued thereunder or section 5325 or regulations
prescribed under such section 5325'' each place it appears
and inserting ``section 5313(a) or 5325 or any regulation
prescribed under any such section''; and
(B) by striking ``with respect to such transaction''.
(b) Amendment Relating to Title 31, U.S.C.--
(1) Effective as of the date of enactment of the Annunzio-
Wylie Anti-Money Laundering Act, section 1517(b) of that Act
is amended by striking ``5314'' and inserting ``5318''.
(2) Section 5239 of the Revised Statutes of the United
States is amended by redesignating the second subsection (c)
(as added by section 1502(a) of the Annunzio-Wylie Anti-Money
Laundering Act) as subsection (d).
SEC. 330018. REPEAL OF SUPERFLUOUS STATUTE OF LIMITATION AND
TRANSFER OF CHILD ABUSE STATUTE OF LIMITATION.
(a) In General.--Section 3283 of title 18, United States
Code, is amended to read as follows:
``Sec. 3283. Child abuse offenses
``No statute of limitations that would otherwise preclude
prosecution for an offense involving the sexual or physical
abuse of a child under the age of 18 years shall preclude
such prosecution before the child reaches the age of 25
years.''.
(b) Conforming Repeal.--Section 3509(k) of title 18, United
States Code, is amended by striking the subsection heading
and the first sentence and inserting ``Stay of Civil
Action.--''.
(c) Technical Amendment.--The item in the chapter analysis
for chapter 213 of title
[[Page 1862]]
18, United States Code, that relates to section 3283 is
amended to read as follows:
``3283. Child abuse offenses.''.
SEC. 330019. TECHNICAL ERRORS IN SECTION 1956.
(a) Technical Corrections.--Section 1956 of title 18,
United States Code, is amended--
(1) in subsection (c)(7)(B)(iii) by inserting a close
parenthesis after ``1978'';
(2) by redesignating the second subsection (g) as
subsection (h); and
(3) in subsection (a)(2) by inserting ``not more than''
before ``$500,000''.
(b) Cross Reference Correction.--Section 1956(c)(7)(D) of
title 18, United States Code, is amended by striking
``section 9(c) of the Food Stamp Act of 1977'' and inserting
``section 15 of the Food Stamp Act of 1977''.
SEC. 330020. TECHNICAL ERROR.
Section 1957(f)(1) of title 18, United States Code, is
amended by striking the comma that follows a comma.
SEC. 330021. CONFORMING SPELLING OF VARIANTS OF ``KIDNAP''.
Title 18, United States Code, is amended--
(1) by striking ``kidnaping'' each place it appears and
inserting ``kidnapping''; and
(2) by striking ``kidnaped'' each place it appears and
inserting ``kidnapped''.
SEC. 330022. MARGIN ERROR.
Section 2512(2) of title 18, United States Code, is amended
by realigning the matter that begins with ``to send through''
and ends with ``electronic communications'' so that it is
flush to the left margin.
SEC. 330023. TECHNICAL CORRECTIONS RELATING TO SECTION 248 OF
TITLE 18, UNITED STATES CODE.
(a) In General.--Chapter 13 of title 18, United States
Code, is amended--
(1) in the chapter analysis so that the item relating to
section 248 reads as follows:
``248. Freedom of access to clinic entrances.'';
(2) so that the heading of section 248 reads as follows:
``Sec. 248. Freedom of access to clinic entrances''; and
(3) in section 248(b) by inserting ``, notwithstanding
section 3571,'' before ``be not more than $25,000''.
(b) Effective Date.--The amendments made by this subsection
(a) shall take effect on the date of enactment of the Freedom
of Access to Clinic Entrances Act of 1994.
SEC. 330024. TECHNICAL AMENDMENTS NECESSITATED BY THE
ENACTMENT OF THE DOMESTIC CHEMICAL DIVERSION
CONTROL ACT OF 1993.
(a) Missing conjunction.--Section 102(39)(A)(iv) of the
Controlled Substances Act (21 U.S.C. 802(39)(A)(iv)) is
amended by striking the period at the end and inserting ``;
or''.
(b) Punctuation and Indentation Correction.--Section
102(34) of the Controlled Substances Act is amended--
(1) by moving subparagraphs (V) and (W) two ems toward the
left margin;
(2) in subparagraph (V) by striking ``b'' and inserting
``B''; and
(3) in subparagraph (W) by striking ``n'' the first place
it appears and inserting ``N''.
(c) Erroneous Cross References.--
(1) Section 5(a) of the Domestic Chemical Diversion Control
Act of 1993 is amended by striking ``section 1505(a)'' and
inserting ``section 4''.
(2) Section 9(b) of the Domestic Chemical Diversion Control
Act of 1993 is amended by striking ``Controlled Substances
Act'' and inserting ``Controlled Substances Import and Export
Act''.
(d) Correction of Amendatory Language.--
(1) Section 2(a)(4)(B) of the Domestic Chemical Diversion
Control Act of 1993 is amended by inserting ``the first place
it appears'' before the semicolon.
(2) Section 5(b)(3) of the Domestic Chemical Diversion
Control Act of 1993 is amended by striking ``at the end'' and
inserting ``after paragraph (4)''.
(e) Missing Conforming Amendment.--Section 304(g) of the
Controlled Substances Act is amended by inserting ``or
chemical'' after ``such substance'' in the last sentence.
(f) Effective Date.--The amendments made by this section
shall take effect as of the date that is 120 days after the
date of enactment of the Domestic Chemical Diversion Control
Act of 1993.
SEC. 330025. VICTIMS OF CRIME ACT.
(a) Incorrect Section Reference.--Section 1402(d)(3) of the
Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(3)) is
amended by striking ``1404(a)'' and inserting ``1404A''.
(b) Missing Text.--Section 1403(b)(1) of the Victims of
Crime Act of 1984 (42 U.S.C. 10602(b)(1)) is amended by
inserting after ``domestic violence'' the following: ``for--
``(A) medical expenses attributable to a physical injury
resulting from compensable crime, including expenses for
mental health counseling and care;
``(B) loss of wages attributable to a physical injury
resulting from a compensable crime; and
``(C) funeral expenses attributable to a death resulting
from a compensable crime''.
And the House agree to the same.
That the Senate recede from its disagreement to the
amendment of the House to the title of the bill and agree to
the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the
amendment of the House to the title of the bill, insert the
following: ``An Act to control and prevent crime.''.
And the House agree to the same.
Jack Brooks,
Don Edwards,
Bill Hughes,
Charles Schumer,
John Conyers,
Pat Schroeder,
Barney Frank,
Michael N. Castle,
As additional conferees from the Committee on Agriculture,
for consideration of sections 4601-08, 5105, and 5145 of the
Senate amendment, and modifications committed to conference:
E de la Garza,
Charlie Rose,
Charlie Stenholm,
Pat Roberts,
Richard Pombo,
As additional conferees from the Committee on Banking,
Finance and Urban Affairs, for consideration of sections
2201-04, 2301, and 4901-33 of the Senate amendment, and
sections 1031(b), 1038, and 1099AA-1099CC of the House
amendment, and modifications committed to conference:
Henry Gonzalez,
Stephen Neal,
Bruce F. Vento,
As additional conferees from the Committee on Education and
Labor, for consideration of sections 631-33, 662(e), 662(f),
811-16, 921-28, 1121-50, 1331, 2801-03, 3261, 3263, 3311,
3341, 3351, 3361, 3381-83, 3501, 3707, 4001-09, 4301-04,
4701-02, 4801-09, 4901-33, 5120, 5122, 5135, 5140, 5142-43,
and 5147 of the Senate amendment, and sections 1010-26, 1030-
34, 1038, 1051-52, 1065-71, 1081-96, 1099A-1099G, 1099H-
1099O, 1099P-1099T, 1606, 1610, 1653-54, 1902(e), 1902(f),
2201-02, 2701-39, 3061-62, 3089-90, of the House amendment,
and modifications committed to conference:
William D. Ford,
Dale E. Kildee,
As additional conferees from the Committee on Energy and
Commerce, for consideration of sections 1503-04, 1511-23,
1532, 1534-35, 1537, 1902(e), 3101-03, 3261, and 5166 of the
Senate amendment, and sections 1010-26, 1041-44, 1606, 2901-
03, and 3086 of the House amendment, and modifications
committed to conference:
John D. Dingell,
Henry A. Waxman,
Cardiss Collins,
As additional conferees from the Committee on Government
Operations, for consideration of sections 1353-54, 1535, and
5150 of the Senate amendment, and sections 1075-76 of the
House amendment, and modifications committed to conference:
Provided, Mr. Spratt and Mr. Kyl are appointed in lieu of Mr.
Waxman and Mr. Clinger solely for the consideration of
sections 1535 and 5150 of the Senate amendment.
John M. Spratt, Jr.,
As additional conferees from the Committee on Merchant Marine
and Fisheries, for consideration of sections 713-15, 4601-08,
5105, and 5145 of the Senate amendment, and modifications
committed to conference:
Gary E. Studds,
George Hochbrueckner,
As additional conferees from the Committee on Natural
Resources, for consideration of sections 3232-33, 4601-08,
and 5145 of the Senate amendment and sections 1099U-1099Z of
the House amendment, and modifications committed to
conference:
George Miller,
Bruce Vento,
Karen Shepherd,
Don Young,
Provided, Ms. English of Arizona is appointed in lieu of Ms.
Shepherd solely for the consideration of sections 4601-08 of
the Senate amendment.
Karen English,
Provided, Mr. Hinchey is appointed in lieu of Ms. Shepherd
solely for the consideration of sections 1099U-1099Z of the
House amendment.
Maurice Hinchey,
As additional conferees from the Committee on Post Office and
Civil Service, for consideration of sections 1352 and 3371 of
the Senate amendment, and modifications committed to
conference:
William Clay,
Frank McCloskey,
Eleanor H. Norton,
Constance Morella,
As additional conferees from the Committee on Public Works
and Transportation, for consideration of sections 1533, 1536,
and 3231 of the Senate amendment, and section 1801 of the
House amendment and modifications committed to conference:
Norman Y. Mineta,
Nick Rahall,
Bud Shuster,
Thomas E. Petri,
As additional conferees from the Committee on Rules, for
consideration of sections 1353-54 of the Senate amendment,
and modifications committed to conference:
Butler Derrick,
As additional conferees from the Committee on Ways and Means,
for consideration of sections 311(b), 1502, 1515-16, 1802,
4702(e)(1), 5102, and 5113 of the Senate amendment, and
modifications committed to conference:
Dan Rostenkowski,
Sam Gibbons,
J.J. Pickle,
Managers on the Part of the House.
Joseph R. Biden, Jr.,
Ted Kennedy,
Howard Metzenbaum,
Dennis DeConcini,
Pat Leahy,
Managers on the Part of the Senate.
When said conference report was considered.
[[Page 1863]]
After debate,
The previous question having been ordered by said resolution.
Mr. McCOLLUM moved to recommit the conference report on the bill (H.R.
3355) to amend the Omnibus Crime Control and Safe Streets Act of 1968 to
allow grants to increase police presence, to expand and improve
cooperative efforts between law enforcement agencies and members of the
community to address crime and disorder problems, and otherwise to
enhance public safety, to the committee of conference with instructions
to the managers on the part of the House prioritize authorizations of
funds from the trust fund for programs for Public Safety and Policing,
Prisons, and Border Patrol.
By unanimous consent, the previous question was ordered on the motion
to recommit with instructions.
The question being put, viva voce,
Will the House recommit said conference report with instructions?
The SPEAKER announced that the nays had it.
Mr. McCOLLUM demanded a recorded vote on said motion, which demand was
supported by one-fifth of a quorum, so a recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
197
<3-line {>
negative
Nays
232
Para. 102.8 [Roll No. 415]
AYES--197
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barlow
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilirakis
Bliley
Boehner
Bonilla
Boucher
Brewster
Browder
Bunning
Burton
Buyer
Calvert
Camp
Canady
Chapman
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Gallegly
Gallo
Gekas
Geren
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Gordon
Goss
Grams
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Hobson
Hoekstra
Hoke
Holden
Horn
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kim
Kingston
Klink
Knollenberg
Kolbe
Kyl
LaRocco
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCandless
McCollum
McCrery
McCurdy
McDade
McHugh
McInnis
McKeon
McMillan
Mica
Michel
Miller (FL)
Mollohan
Montgomery
Moorhead
Murphy
Murtha
Myers
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Portman
Quillen
Rahall
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Strickland
Stump
Stupak
Sundquist
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thurman
Unsoeld
Upton
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wilson
Wise
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--232
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barrett (WI)
Becerra
Beilenson
Berman
Bilbray
Bishop
Blackwell
Blute
Boehlert
Bonior
Borski
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Castle
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Costello
Coyne
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Foley
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilchrest
Glickman
Gonzalez
Grandy
Green
Greenwood
Gutierrez
Hall (OH)
Hamburg
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Houghton
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
King
Kleczka
Klein
Klug
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Molinari
Moran
Morella
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Penny
Pickle
Pomeroy
Porter
Poshard
Price (NC)
Pryce (OH)
Quinn
Ramstad
Rangel
Reed
Reynolds
Richardson
Ridge
Roemer
Rose
Rostenkowski
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Skaggs
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Spratt
Stark
Stokes
Studds
Swett
Swift
Synar
Thompson
Thornton
Torkildsen
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Waters
Watt
Waxman
Wheat
Whitten
Williams
Woolsey
Wyden
Wynn
Yates
NOT VOTING--6
Callahan
Herger
Rowland
Tucker
Valentine
Washington
So the motion to recommit with instructions was not agreed to.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER announced that the yeas had it.
Mr. McCOLLUM demanded a recorded vote on agreeing to said conference
report, which demand was supported by one-fifth of a quorum, so a
recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
235
<3-line {>
affirmative
Nays
195
Para. 102.9 [Roll No. 416]
AYES--235
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barrett (WI)
Becerra
Beilenson
Berman
Bilbray
Bishop
Blackwell
Blute
Boehlert
Bonior
Borski
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Coppersmith
Costello
Coyne
Cramer
Darden
DeLauro
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Filner
Fingerhut
Flake
Foglietta
Foley
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gephardt
Gibbons
Gilchrest
Glickman
Gonzalez
Gordon
Grandy
Green
Greenwood
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hefner
Hinchey
Hoagland
Hobson
Hochbrueckner
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kaptur
Kasich
Kennedy
Kennelly
Kildee
King
Kleczka
Klein
Klug
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
Lazio
Leach
Lehman
Levin
Levy
Lipinski
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Molinari
Moran
Morella
Neal (MA)
Neal (NC)
Obey
Olver
Owens
Pallone
Pastor
Pelosi
Pickle
Pomeroy
Porter
Poshard
Price (NC)
Pryce (OH)
Quinn
Ramstad
Reed
Reynolds
Richardson
Ridge
Roemer
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Roybal-Allard
Rush
Sanders
Sangmeister
Sawyer
Saxton
Schenk
Schroeder
Schumer
Serrano
Sharp
Shaw
Shays
Shepherd
Skaggs
Slattery
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spratt
Stark
Studds
Swett
Swift
Talent
Thompson
[[Page 1864]]
Thornton
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Walsh
Waxman
Weldon
Wheat
Whitten
Woolsey
Wyden
Wynn
Yates
Zimmer
NOES--195
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barlow
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilirakis
Bliley
Boehner
Bonilla
Boucher
Brewster
Bunning
Burton
Buyer
Calvert
Camp
Clay
Clinger
Coble
Collins (GA)
Combest
Conyers
Cooper
Cox
Crane
Crapo
Cunningham
Danner
de la Garza
Deal
DeFazio
DeLay
Dellums
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (LA)
Fields (TX)
Fish
Fowler
Gallo
Gekas
Geren
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hilliard
Hoekstra
Hoke
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kanjorski
Kim
Kingston
Klink
Knollenberg
Kopetski
LaRocco
Laughlin
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Mica
Michel
Miller (FL)
Mollohan
Montgomery
Moorhead
Murphy
Murtha
Myers
Nadler
Nussle
Oberstar
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (NJ)
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Portman
Quillen
Rahall
Rangel
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Roth
Royce
Sabo
Santorum
Sarpalius
Schaefer
Schiff
Scott
Sensenbrenner
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stenholm
Stokes
Strickland
Stump
Stupak
Sundquist
Synar
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thurman
Unsoeld
Volkmer
Vucanovich
Walker
Waters
Watt
Williams
Wilson
Wise
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--5
Callahan
Rowland
Tucker
Valentine
Washington
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 102.10 permission to file conference report
On motion of Mr. OBEY, by unanimous consent, the managers on the part
of the House were granted permission until midnight Friday, September 2,
1994, to file a conference report on the bill (H.R. 4624) making
appropriations for the Departments of Veterans Affairs and Housing and
Urban Development, and for sundry independent agencies, boards,
commissions, corporations, and offices for the fiscal year ending
September 30, 1995, and for other purposes; together with a statement
thereon, for printing in the Record under the rule.
Para. 102.11 adjournment of the two houses
Mr. GEPHARDT submitted the following privileged concurrent resolution
(H. Con. Res. 289):
Resolved by the House of Representatives (the Senate
concurring), That when the House is in receipt of a message
that the Senate has agreed to a concurrent resolution
providing for the adjournment of the two Houses to noon on
Thursday, September 8, 1994, or until noon on the second day
after Members are notified to reassemble pursuant to section
2 of this concurrent resolution, whichever occurs first, that
the House shall stand adjourned in like manner; and that when
the Senate recesses or adjourns at the close of business on
Monday, August 22, 1994, or any day thereafter, pursuant to a
motion made by the Majority Leader or his designee, in
accordance with this resolution, it stand recessed or
adjourned until noon on Thursday, September 8, 1994, or until
noon on the second day after Members are notified to
reassemble pursuant to section 2 of this concurrent
resolution, whichever occurs first.
Sec. 2. The Speaker of the House and the Majority Leader of
the Senate, acting jointly after consultation with the
Minority Leader of the House and the Minority Leader of the
Senate, shall notify the Members of the House and the Senate,
respectively, to reassemble whenever, in their opinion, the
public interest shall warrant it.
When said concurrent resolution was considered and agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
Para. 102.12 order of business--adjournments over
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That when the House adjourns on the legislative day of
Sunday, August 21, 1994, it adjourn to meet at 10 o'clock a.m., on
Tuesday and Friday of each subsequent week until the House has in its
possession a message informing the House that the Senate has agreed to
House Concurrent Resolution 289, when the House shall then stand
adjourned in accordance with that concurrent resolution.
Para. 102.13 speaker and minority leader to accept resignations, appoint
commissions
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That, notwithstanding any adjournment of the House until
Thursday, September 8, 1994, the Speaker and the Minority Leader be
authorized to accept resignations and to make appointments to
commissions, boards and committees duly authorized by law or by the
House.
Para. 102.14 designation of speaker pro tempore to sign enrollments
The SPEAKER pro tempore, Mr. KILDEE, laid before the House a
communication, which was read as follows:
Washington, DC,
August 20, 1994.
I hereby designate the Honorable Steny H. Hoyer to act as
Speaker pro tempore to sign enrolled bills and joint
resolutions through September 8, 1994.
Thomas S. Foley,
Speaker of the House of Representatives.
By unanimous consent, the designation was accepted.
Para. 102.15 enrolled bill signed
Mr. ROSE from the Committee on House Administration, reported that
that committee had examined and found truly enrolled bill of the House
of the following title, which was thereupon signed by the Speaker:
H.R. 4603. An Act making appropriations for the Department
of Commerce, Justice, and State, the Judiciary, and related
agencies programs for the fiscal year ending September 30,
1995, and making supplemental appropriations for these
departments and agencies for the fiscal year ending September
30, 1994, and for other purposes.
Para. 102.16 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. TUCKER, for today; and
To Mr. CALLAHAN, for today.
And then,
Para. 102.17 adjournment
On motion of Ms. SHEPHERD, pursuant to the special order heretofore
agreed to, at 8 o'clock and 9 minutes p.m., the House adjourned until 10
o'clock a.m., on Tuesday, August 23, 1994.
Para. 102.18 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. BROOKS: Committee of Conference. Conference report on
H.R. 3355. A bill to amend the Omnibus Crime Control and Safe
Streets Act of 1968 to allow grants to increase police
presence, to expand and improve cooperative efforts between
law enforcement agencies and members of the community to
address crime and disorder problems, and otherwise to enhance
public safety (Rept. No. 103-711). Ordered to be printed.
Mr. CONYERS: Committee of Conference. Conference report on
S. 1587. An act to revise and streamline the acquisition laws
of the Federal Government, and for other purposes (Rept. No.
103-712). Ordered to be printed.
Mr. DERRICK: Committee on Rules. H. Res. 526. A resolution
waiving points of order against a further conference report
to accompany the bill (H.R. 3355) to amend the Omnibus Crime
Control and Safe Streets Act of 1968 to allow grants to
increase police presence, to expand and improve cooperative
efforts between law enforcement agencies and members of the
community to address crime and disorder problems, and
otherwise to enhance public safety (Rept. No. 103-713).
Referred to the House Calendar.
Para. 102.19 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolu-
[[Page 1865]]
tions were introduced and severally referred as follows:
By Mr. BREWSTER (for himself, Mr. Hunter, Mr. Pete
Geren of Texas, Mr. Cox, Mr. Peterson of Minnesota,
Mr. McInnis, Mr. Taylor of Mississippi, Mr. Baker of
California, Mr. Tauzin, Mr. Bartlett of Maryland, Mr.
Parker, Mr. Boehner, Mr. Browder, Mr. Bonilla, Mr.
Chapman, Mr. Bunning, Mr. Deal, Mr. Burton of
Indiana, Ms. Danner, Mr. Callahan, Mr. Tanner, Mr.
Manzullo, Mr. Stenholm, Mr. Collins of Georgia, Mr.
Sarpalius, Mr. Armey, Mr. Hall of Texas, Mr. Crane,
Mr. Valentine, Mr. Doolittle, Mr. Orton, Mr. Duncan,
Mr. Hutto, Ms. Dunn, Mr. Montgomery, Mr. Emerson, Mr.
Rahall, Mr. Everett, Mr. Condit, Mr. Ewing, Mr.
Rowland, Mr. Gilman, Mr. Wilson, Mr. Hancock, Mr.
Holden, Mr. Hefley, Mr. Tejeda, Mr. Herger, Mr.
Cramer, Mr. Hoekstra, Mr. Barcia of Michigan, Mr.
Allard, Mr. Dickey, Mr. Hyde, Mr. Klink, Mr. Kim, Mr.
Hayes, Mr. Kingston, Mr. Stupak, Mr. Kyl, Mr.
Laughlin, Mr. Lewis of Florida, Mrs. Thurman, Mr.
Linder, Mr. Peterson of Florida, Mr. Lightfoot, Mr.
Murphy, Mr. Calvert, Mr. Skelton, Mr. McCollum, Mr.
de la Garza, Mr. Bachus of Alabama, Mr. Darden, Mr.
McKeon, Mr. Ortiz, Mr. Moorhead, Mr. Volkmer, Mr.
Packard, Mr. Swett, Mr. Quillen, Mr. Cooper, Mr.
Rohrabacher, Mr. Mollohan, Mr. Schaefer, Mr. Wise,
Mr. Shaw, Mr. Smith of Michigan, Mr. Solomon, Mr.
Stearns, Mr. Stump, Mr. Taylor of North Carolina, Mr.
Zeliff, Mr. Fields of Texas, Mrs. Bentley, Mr. Lucas,
Mr. Goss, Mr. Walker, Mr. Barton of Texas, Mr.
Hobson, Mr. Inhofe, Mr. Gingrich, Mr. Roberts, Mr.
Sensenbrenner, Mr. Paxon, Mr. Knollenberg, Mr. Buyer,
Mr. DeLay, Mr. Pombo, Mr. Hoke, Mr. Talent, Mr.
Istook, Mr. Gillmor, Mr. Coble, Mr. Livingston, Mr.
Grams, Mr. Sam Johnson, Mr. McCrery, Mr. Santorum,
Mr. Thomas of Wyoming, Mr. Miller of Florida, Mrs.
Vucanovich, Mr. Cunningham, Mr. Dornan, Mr.
Sundquist, Mr. Crapo, Mr. Young of Alaska, Mr. Gekas,
Mr. Shuster, Mr. Lewis of Kentucky, Mr. Myers of
Indiana, Mr. Young of Florida, Mr. Baker of
Louisiana, Mr. Hastert, Mr. Dreier, Mr. Mica, Mr.
Spence, Mr. Nussle, Mr. Goodlatte, Mr. Bliley, Mr.
Portman, Mr. Schiff, Mr. Hansen, Mr. Lewis of
California, Mr. Skeen, Mr. Smith of Oregon, Ms.
Snowe, Mr. Roth, Mr. Camp, Mr. Huffington, and Mr.
Canady):
H.R. 5008. A bill to combat crime; to the Committee on the
Judiciary.
By Mr. HAMILTON:
H.R. 5009. A bill to extend the Export Administration Act
of 1979; to the Committee on Foreign Affairs.
By Mr. BACHUS of Alabama (for himself, Mr. Dornan, and
Mr. Franks of Connecticut):
H.R. 5010. A bill to require that certain Government
consumer information publications that are distributed
without charge include a statement that they are financed by
the taxpayers of the United States; to the Committee on
Government Operations.
By Mr. BARCA of Wisconsin (for himself, Mr. Swett, Ms.
McKinney, Mr. Nadler, Mr. Barrett of Wisconsin, and
Mr. Hinchey):
H.R. 5011. A bill to authorize the waiver of such
provisions of law as may be necessary to enable a limited
amount of private sector earnings to be disregarded in
determining eligibility for assistance under welfare
programs; to the Committee on Government Operations.
By Mr. FILNER:
H.R. 5012. A bill to require that any amount of cost
savings under a defense contract realized by the Federal
Government as a result of the consolidation of contractors
that causes the elimination of jobs in a community be used
for job retraining and job creation activities in that
community; jointly, to the Committees on Armed Services and
Education and Labor.
By Mr. LEHMAN (for himself, Mr. Lewis of California,
Mr. Cooper, and Mr. McKeon):
H.R. 5013. A bill to provide incentives for improving
telecommunications and technology use in education; jointly,
to the Committees on Education and Labor and Energy and
Commerce.
By Mr. LIGHTFOOT:
H.R. 5014. A bill to amend the Internal Revenue Code of
1986 to provide a one-time exclusion of gain from the sale of
farmland to a beginning farmer; to the Committee on Ways and
Means.
By Mr. MFUME:
H.R. 5015. A bill to amend section 223 of the
Communications Act of 1934 to prevent the harassment by
computer modem or other electronic device; to the Committee
on Energy and Commerce.
By Mr. SKAGGS:
H.R. 5016. A bill entitled, ``Gilpin County Colorado--BLM
Land Transfer Act of 1994''; to the Committee on Natural
Resources.
By Mr. STUPAK:
H.R. 5017. A bill to direct the Secretary of the Interior
to make annual grants to the Center for Maritime and
Underwater Resource Management at Michigan State University
for a pilot project relating to management and development of
maritime and underwater cultural resources; to the Committee
on Merchant Marine and Fisheries.
By Mr. WILLIAMS:
H.R. 5018. A bill to limit the authority of the Interstate
Commerce Commission to overturn certain employee protection
agreements; to the Committee on Energy and Commerce.
By Mr. WILLIAMS:
H.R. 5019. A bill to rescind the fee required for the use
of public recreation areas at lakes and reservoirs under the
jurisdiction of the Army Corps of Engineers, and for other
purposes; to the Committee on Public Works and
Transportation.
By Ms. KAPTUR:
H.J. Res. 406. Joint resolution to approve the location of
a World War II Memorial in the Nation's Capitol; to the
Committee on Natural Resources.
By Mr. GEPHARDT:
H. Con. Res. 289. Concurrent resolution providing for an
adjournment or recess of the two Houses; considered and
agreed to.
By Mr. LEWIS of Georgia (for himself, Mr. Dixon, Mr.
Bishop, Mr. Hilliard, Mr. Owens, and Ms. McKinney):
H. Res. 527. A resolution expressing the sense of the House
of Representatives that the Presidential Medal of Freedom
should be awarded to Dr. Benjamin Elijah Mays; to the
Committee on Post Office and Civil Service.
By Mr. LEWIS of Georgia (for himself, Mr. Dixon, Mr.
Bishop, Mr. Hilliard, Mr. Owens, and Ms. McKinney):
H. Res. 528. A resolution expressing the sense of the House
of Representatives that a commemorative postage stamp should
be issued in honor of Dr. Benjamin Elijah Mays; to the
Committee on Post Office and Civil Service.
By Mr. WILLIAMS (for himself, Mr. Dingell, Mr.
Doolittle, Mr. LaRocco, Mr. Hansen, Mr. Taylor of
Mississippi, Ms. Lambert, Mr. Fields of Texas, Mr.
Calvert, Mr. Dickey, Mr. Walsh, Mr. Barcia of
Michigan, Mr. Clement, Mr. Peterson of Minnesota, Mr.
Brewster, Mr. Durbin, Mr. Herger, Mr. Parker, Mr.
Packard, Mr. Emerson, and Mr. Boucher):
H. Res. 529. A resolution to affirm this Nation's tradition
of hunting and wildlife refuges; to the Committee on Merchant
Marine and Fisheries.
Para. 102.20 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 1391: Mr. Brown of California, Mr. Nadler, and Ms.
Lowey.
H.R. 1457: Ms. Woolsey.
H.R. 2467: Mr. Skelton, Mr. Farr, and Mr. Emerson.
H.R. 2758: Mr. Bateman.
H.R. 3526: Mr. Mazzoli, Mr. Reynolds, Mr. Andrews of New
Jersey, and Mr. Rangel.
H.R. 4115: Mr. Schumer and Mr. McNulty.
H.R. 4303: Mr. Hansen and Mr. Ballenger.
H.R. 4555: Mr. Camp.
H.R. 4701: Mr. Evans, Mr. McDermott, Mr. Blackwell, Mr.
Abercrombie, Mr. McCloskey, Mr. Torres, Ms. Pelosi, Mr.
Hastings, and Mr. Gutierrez.
H.R. 4713: Mr. Dicks.
H.R. 4826: Mr. Tauzin and Mr. Miller of Florida.
H.R. 4851: Mr. Evans and Mrs. Morella.
H.J. Res. 230: Mr. Johnson of South Dakota and Mr. Hughes.
H. Con. Res. 184: Mr. Gingrich.
H. Con. Res. 212: Ms. DeLauro.
H. Con. Res. 223: Mr. Romero-Barcelo, Mr. Manton, Mr.
Engel, and Mr. Serrano.
H. Con. Res. 234: Ms. Kaptur, Mr. DeFazio, Mr. Martinez,
Mrs. Meyers of Kansas, Ms. Margolies-Mezvinsky, Ms.
Velazquez, Mr. Dellums, and Mr. Hochbrueckner.
H. Con. Res. 247: Mr. Gingrich, Mr. Hinchey, Mr. Cox, and
Mr. Towns.
H. Con. Res. 273: Mr. Dellums.
H. Con. Res. 277: Mr. Manzullo.
H. Con. Res. 279: Mr. Lantos, Mr. Engel, Mr. Ballenger,
and Mr. Gejdenson.
H. Res. 430: Mr. Klein.
H. Res. 493: Mr. Engel.
.
TUESDAY, AUGUST 23, 1994 (103)
The House was called to order by the SPEAKER.
Para. 103.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Sunday, August 21, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 103.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3732. A communication from the President of the United
States, transmitting his actions in support for the United
Nations and North Atlantic Treaty Organization [NATO] efforts
to achieve peace and security in Bosnia and Herzegovina (H.
Doc. No. 103-296); re-referred to the Committee on Foreign
Affairs and ordered to be printed.
3733. A letter from the Assistant Secretary of Defense
(Legislative Affairs), transmitting notification of
additional program proposals
[[Page 1866]]
for purposes of Non-Proliferation and Disarmament Fund [NDF]
activities, pursuant to 22 U.S.C. 5852; jointly, to the
Committees on Foreign Affairs and Appropriations.
Para. 103.3 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed without amendment bills of the House of the
following titles:
H.R. 2942. An Act to designate certain lands in the
Commonwealth of Virginia as the George Washington National
Forest Mount Pleasant Scenic Area.
H.R. 3197. An Act to redesignate the postal facility
located at 2100 North 13th Street in Reading, Pennsylvania,
as the ``Gus Yatron Postal Facility.''
The message also announced that the Senate had passed with amendments
in which the concurrence of the House is requested, bills of the House
of the following titles:
H.R. 734. An Act to amend the act entitled ``An Act to
provide for the extension of certain Federal benefits,
services, and assistance to the Pascua Yaqui Indians of
Arizona, and for other purposes.''.
H.R. 1779. An Act to designate the facility of the U.S.
Postal Service located at 401 South Washington Street in
Chillicothe, Missouri, as the ``Jerry L. Litton United States
Post Office Building.''
H.R. 4867. An Act to authorize appropriations for high-
speed rail transportation, and for other purposes.
The message also announced that the Senate disagreed to the amendments
of the House to the bill (S. 1485) entitled ``An Act to extend certain
satellite carrier compulsory licenses, and for other purposes,'' and
agreed to the conference asked by the House of Representatives on the
disagreeing votes of the two Houses thereon, and appointed Mr.
DeConcini, Mr. Leahy, and Mr. Hatch to be the conferees on the part of
the Senate.
The message also announced that the Senate had passed bills and joint
resolutions of the following titles, in which the concurrence of the
House is requested:
S. 1908. An Act to provide for a study of the processes and
procedures of the Department of Veterans Affairs for the
disposition of claims for veterans benefits;
S. 2277. An Act to authorize major medical facility
construction projects for the Department of Veterans Affairs
for fiscal year 1995, and for other purposes;
S.J. Res. 167. Joint resolution to designate the week of
September 12, 1994, through September 16, 1994, as ``National
Gang Violence Prevention Week'';
S.J. Res. 215. Joint resolution designating September 5,
1994, Labor Day, as ``Try American Day''; and
S.J. Res. 216. Joint resolution designating the week
beginning September 12, 1994, as ``National Hispanic Business
Week.''
The message also announced that pursuant to Public Law 103-296, the
Chair, on behalf of the President pro tempore and in consultation with
the chairman of the Finance Committee, appointed Lori L. Hansen of
Michigan, for a 6-year term to the Social Security Advisory Board.
Para. 103.4 enrolled bill signed
The SPEAKER announced that pursuant to clause 4, rule I, he signed the
following enrolled bill on Sunday, August 21, 1994:
H.R. 2178. An Act to amend the Hazardous Materials
Transportation Act to authorize appropriations for the fiscal
years 1994, 1995, 1996, and 1997, and for other purposes.
Para. 103.5 communication from the president--bosnia-herzegovina
The SPEAKER laid before the House a communication from the President,
which was read as follows:
The White House,
Washington, August 22, 1994.
Hon. Thomas S. Foley,
Speaker of the House of Representatives, Washington, DC.
Dear Mr. Speaker: I last reported to the Congress on April
12 on our support for the United Nations and North Atlantic
Treaty Organization (NATO) efforts to achieve peace and
security in Bosnia-Herzegovina. I am informing you today of
recent developments in these efforts, including the use of
United States combat aircraft on August 5 to attack Bosnian
Serb heavy weapons in the Sarajevo heavy weapons exclusion
zone.
Since the adoption of United Nations Security Council
Resolution 713 on September 25, 1991, the United Nations has
actively sought solutions to the humanitarian and ethnic
crisis in the former Yugoslavia. Under United Nations
Security Council Resolution 824 (May 6, 1993), certain parts
of Bosnia-Herzegovina have been established as safe areas.
Sarajevo is specifically designated a safe area that should
be ``free from armed attacks and from any other hostile
act.''
A mortar attack on Sarajevo on February 4, 1994, caused
numerous civilian casualties, including some 68 deaths. The
United Nations Secretary General thereafter requested NATO to
authorize, at his request, air operations against artillery
or mortar positions determined by the United Nations
Protection Forces (UNPROFOR) to have been involved in attacks
on civilians.
On February 9, 1994, NATO responded to the Secretary
General's request by authorizing air operations, if needed,
using agreed coordination procedures with UNPROFOR. The North
Atlantic Treaty Organization's decision set a deadline for
the withdrawal of heavy weapons within 20 kilometers of the
center of Sarajevo or for the regrouping and placement of
such weapons under United Nations control. As of February 21,
1994, all heavy weapons found within the Sarajevo exclusion
zone, unless controlled by UNPROFOR, would be subject to NATO
air strikes. In response to the NATO ultimatum, heavy weapons
were removed from the exclusion zone or placed in collection
sites under UNPROFOR control.
On August 5, 1994, Bosnian Serb forces entered an UNPROFOR
heavy weapons collection site near the town of Ilidza and
removed several heavy weapons--a tank, two armored personnel
carriers, and a 30mm anti-aircraft system. An UNPROFOR
helicopter dispatched to monitor the situation was fired upon
and was forced to make an emergency landing. UNPROFOR troops
were unsuccessful in attempting to regain custody of the
weapons. As a result, UNPROFOR requested assistance from NATO
forces in finding the weapons so they could be retrieved or
destroyed. NATO responded by making various French, Dutch,
British, and U.S. aircraft available for air strikes, if
necessary.
Unable to locate the specific weapons removed from the
collection site, UNPROFOR and NATO decided to proceed against
other targets in the Sarajevo exclusion zone. Accordingly, on
August 5, a U.S. A-10 aircraft strafed a Bosnian Serb M-18
76mm self-propelled antitank gun located inside the exclusion
zone. No U.S. personnel were injured or killed nor was U.S.
equipment damaged in connection with this action. Later on
August 5, the Bosnian Serbs called the UNPROFOR Commander,
General Rose, and asked him to call off the attacks. They
offered to return the heavy weapons that they had taken from
the storage site. General Rose agreed and the weapons were
returned to UNPROFOR's control.
I took these actions in conjunction with our allies in
order to carry out the NATO decision and to answer UNPROFOR's
request for assistance. As I earlier reported to you, our
continued efforts are intended to assist the parties to reach
a negotiated settlement to the conflict. I have directed the
participation by U.S. Armed Forces in this effort pursuant to
my constitutional authority to conduct the foreign relations
of the United States and as Commander in Chief and Chief
Executive.
I am grateful for the continuing support the Congress has
provided, and I look forward to continued cooperation with
you in this endeavor. I shall communicate with you further
regarding our efforts for peace and stability in the region.
Sincerely,
William J. Clinton.
The communication, was referred to the Committee on Foreign Affairs
and ordered to be printed (H. Doc. 103-296).
Para. 103.6 senate bill and joint resolutions referred
A bill and joint resolutions of the Senate of the following titles
were taken from the Speaker's table and, under the rule, referred as
follows:
S. 1908. An Act to provide for a study of the processes and
procedures of the Department of Veterans Affairs for the
disposition of claims for veterans benefits; to the Committee
on Veterans' Affairs.
S.J. Res. 167. Joint resolution to designate the week of
September 12, 1994, through September 16, 1994, as ``National
Gang Violence Prevention Week''; to the Committee on Post
Office and Civil Service.
S.J. Res. 216. Joint resolution designating the week
beginning September 12, 1994, as ``National Hispanic Business
Week''; to the Committee on Post Office and Civil Service.
S.J. Res. 215. Joint resolution designating September 5,
1994, Labor Day, as ``Try American Day''; to the Committee on
Post Office and Civil Service.
[[Page 1867]]
Para. 103.7 enrolled bills signed
Mr. ROSE, from the Committee on House Administration, reported that
that committee had examined and found truly enrolled bills of the House
of the following titles, which were thereupon signed by the Speaker:
H.R. 2942. An Act to designate certain lands in the
Commonwealth of Virginia as the George Washington National
Forest Mount Pleasant Scenic Area.
H.R. 3197. An Act to redesignate the postal facility
located at 2100 North 13th Street in Reading, Pennsylvania,
as the ``Gus Yatron Postal Facility''.
And then,
Para. 103.8 adjournment
The SPEAKER, pursuant to the special order agreed to on August 21,
1994, at 10 o'clock and 5 minutes a.m., adjourned the House until 10
o'clock a.m. on Friday, August 26, 1994.
Para. 103.9 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. de la GARZA: Committee on Agriculture. H.R. 3171. A
bill to authorize the Secretary of Agriculture to reorganize
the Department of Agriculture, and for other purposes, with
an amendment (Rept. No. 103-714); to the Committee of the
Whole House on the State of the Union.
Para. 103.10 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. LAZIO:
H.R. 5020. A bill to amend the Internal Revenue Code of
1986 to permit penalty-free withdrawals by unemployed
individuals from certain retirement plans; to the Committee
on Ways and Means.
H.R. 5021. A bill to amend the Internal Revenue Code of
1986 to provide for the nonrecognition of gain on the sale of
a principal residence if the taxpayer is unemployed; to the
Committee on Ways and Means.
Para. 103.11 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 780: Mr. Hughes.
H.R. 1079: Mr. Wilson.
H.R. 1081: Mr. Bachus of Alabama.
H.R. 1082: Mr. Bachus of Alabama.
H.R. 1083: Mr. Bachus of Alabama.
H.R. 4831: Mrs. Meyers of Kansas, Mr. Dicks, and Mr.
Hastings.
.
FRIDAY, AUGUST 26, 1994 (104)
Para. 104.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. EDWARDS
of California, who laid before the House the following communication:
Washington, DC,
August 26, 1994.
I hereby designate the Honorable Don Edwards to act as
Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Para. 104.2 approval of the journal
The SPEAKER pro tempore, Mr. EDWARDS of California, announced he had
examined and approved the Journal of the proceedings of Tuesday, August
23, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 104.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3734. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to Russia, pursuant to 12
U.S.C. 635(b)(3)(i); to the Committee on Banking, Finance and
Urban Affairs.
3735. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to Korea, pursuant to 12
U.S.C. 635(b)(3)(i); to the Committee on Banking, Finance and
Urban Affairs.
3736. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to Brazil, pursuant to 12
U.S.C. 635(b)(3)(i); to the Committee on Banking, Finance and
Urban Affairs.
3737. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to the Republic of Venezuela,
pursuant to 12 U.S.C. 635(b)(3)(i); to the Committee on
Banking, Finance and Urban Affairs.
3738. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to Thailand, pursuant to 12
U.S.C. 635(b)(3)(i); to the Committee on Banking, Finance and
Urban Affairs.
3739. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to India, pursuant to 12
U.S.C. 635(b)(3)(i); to the Committee on Banking, Finance and
Urban Affairs.
3740. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to the People's Republic of
China (``RPC''), pursuant to 12 U.S.C. 635(b)(3)(i); to the
Committee on Banking, Finance and Urban Affairs.
3741. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to Russia, pursuant to 12
U.S.C. 635(b)(3)(i); to the Committee on Banking, Finance and
Urban Affairs.
3742. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to the United Mexican States
(``Mexico''), pursuant to 12 U.S.C. 635(b)(3)(i); to the
Committee on Banking, Finance and Urban Affairs.
3743. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to Indonesia, pursuant to 12
U.S.C. 635(b)(3)(i); to the Committee on Banking, Finance and
Urban Affairs.
3744. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to the United Mexican States
(``Mexico''), pursuant to 12 U.S.C. 635(b)(3)(i); to the
Committee on Banking, Finance and Urban Affairs.
3745. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving Unit-
ed States exports to the People's Republic of China
(``PRC''), pursuant to 12 U.S.C. 635(b)(3)(i); to the
Committee on Banking, Finance and Urban Affairs.
3746. A letter from the Director, Defense Security
Assistance Agency, transmitting the Department of the Air
Force's proposed lease of defense articles to Australia
(Transmittal No. 22-94), pursuant to 22 U.S.C. 2796a(a); to
the Committee on Foreign Affairs.
3747. A letter from the Director, Defense Security
Assistance Agency, transmitting the Department of the Air
Force's proposed lease of defense articles to Australia
(Transmittal No. 23-94), pursuant to 22 U.S.C. 2796a(a); to
the Committee on Foreign Affairs.
3748. A letter from the Director, Defense Security
Assistance Agency, transmitting the Department of the Air
Force's proposed lease of defense articles to Australia
(Transmittal No. 24-94), pursuant to 22 U.S.C. 2796a(a); to
the Committee on Foreign Affairs.
Para. 104.4 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed without amendment a concurrent resolution of
the House of the following title:
H. Con. Res. 215. Concurrent resolution honoring James
Norman Hall and recognizing his outstanding contributions to
the United States and the South Pacific.
The message also announced that the Senate had passed with amendments
in which the concurrence of the House is requested, a concurrent
resolution of the House of the following title:
H. Con. Res. 289. Concurrent resolution providing for an
adjournment or recess of the two Houses.
The message also announced that the Senate agreed to the report of the
committee of conference on the disagreeing votes of the two Houses on
the amendment of the House to the amendment of the Senate to the bill
(H.R. 3355) ``An Act to amend the Omnibus Crime Control and Safe Streets
Act of 1968 to allow grants to increase police presence, to expand and
improve cooperative efforts between law enforcement agencies and members
of the community to address crime and disorder problems, and for other
purposes.''
The message also announced that the Senate agreed to the amendment of
the House to the bill (S. 859) ``An Act to reduce the restrictions on
lands conveyed by deed under the act of June 8, 1926.''
The message also announced that the Senate agreed to the report of the
committee of conference on the disagreeing votes of the two Houses on
the amendment of the House to the bill (S. 1587) ``An Act to revise and
streamline the acquisition laws of the Federal Government, and for other
purposes.''
The message also announced that pursuant to Public Law 103-236, the
Chair, on behalf of the Republican Leader, appointed Mr. Helms and
Alison B. Fortier of Maryland to the Commission on Protecting and
Reducing Government Secrecy.
[[Page 1868]]
Para. 104.5 providing for the adjournment of the two houses
The SPEAKER pro tempore, Mr. EDWARDS of California, laid before the
House the privileged concurrent resolution (H. Con. Res. 289); with the
following amendments of the Senate:
Page 1, lines 4 and 5, strike out ``Thursday, September 8''
and insert: Monday, September 12
Page 1, line 13, strike out ``Thursday, September 8, 1994''
and insert: Monday, September 12, 1994, or at such time as
may be specified by the Majority Leader or his designee in
his motion to recess or adjourn
When said amendments of the Senate were considered and agreed to.
A motion to reconsider the vote whereby said amendments of the Senate,
were agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
And then,
Para. 104.6 adjournment
On motion of Mr. STUDDS, pursuant to the provisions of House
Concurrent Resolution 289, at 10 o'clock and 6 minutes a.m., the House
adjourned until 12 o'clock noon on Monday, September 12, 1994.
Para. 104.7 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. GIBBONS: Committee on Ways and Means. H.R. 3800. A bill
to amend the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, and for other
purposes, with an amendment (Rept. No. 103-582, Pt. 3); to
the Committee of the Whole House on the State of the Union.
Mr. FORD of Michigan: Committee on Education and Labor.
H.R. 3396. A bill to amend the Employee Retirement Income
Security Act of 1974 and the Internal Revenue Code of 1986 to
provide security for workers, to improve pension plan
funding, to limit growth in insurance exposure, to protect
the single-employer plan termination insurance program, and
for other purposes, with an amendment (Rept. No. 103-632, Pt.
2); to the Committee of the Whole House on the State of the
Union.
Para. 104.8 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 1277: Mr. Royce.
H.R. 1709: Mr. Engel, Mr. Johnson of South Dakota, Mr.
Romero-Barcelo, Mr. Sawyer, Ms. Pryce of Ohio, and Mr. Clay.
H.R. 1886: Mr. Swift, Mr. McCloskey, Mr. Waxman, and Mr.
Dicks.
H.R. 4256: Mr. Dellums.
H.R. 4399: Mr. Dellums.
H.R. 4578: Mr. Kildee, Mr. Lipinski, Mr. Hinchey, Ms.
Velazquez, Mr. Sabo, Mr. Mazzoli, Mr. Edwards of California,
Mr. Reynolds, Mr. Rangel, Mr. Serrano, Mr. Dellums, Mr.
Kopetski, and Mr. Watt.
H.R. 4654: Ms. Margolies-Mezvinsky.
H.R. 4944: Mr. Kim.
H.R. 4955: Mr. Schumer and Mr. Yates.
H.J. Res. 397: Mr. Johnson of South Dakota, Mr. Matsui,
Mr. Coleman, Mr. Gutierrez, Mr. Rangel, Mr. Hastings, Ms.
Lowey, Mr. Jefferson, Mr. Klein, Mr. Underwood, Mr. Bacchus
of Florida, Mr. Kleczka, Mr. Gene Green of Texas, Mr. Farr,
Mr. Minge, Mr. Sanders, Mr. Calvert, Mr. Murphy, and Mr.
Brown of California.
H. Con. Res. 243: Mr. Costello and Mr. Talent.
.
MONDAY, SEPTEMBER 12, 1994 (105)
The House was called to order by the SPEAKER.
Para. 105.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Friday, August 26, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 105.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3749. A communication from the President of the United
States, transmitting his request to make available
appropriations totaling $16,150,000 in budget authority for
the Departments of the Interior and Labor, the Corporation
for National and Community Service, and the Legal Services
Corporation, and to designate these amounts as emergency
requirements pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, pursuant to 31 U.S.C. 1107 (H. Doc. No. 103-297); to
the Committee on Appropriations and ordered to be printed.
3750. A communication from the President of the United
States, transmitting his request to make available
appropriations totaling $470,000,000 in budget authority for
the Small Business Administration, and to designate the
amount as emergency requirements pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, pursuant to 31 U.S.C. 1107
(H. Doc. No. 103-298); to the Committee on Appropriations and
ordered to be printed.
3751. A letter from the Comptroller, Department of Defense,
transmitting a report of a violation of the Anti-Deficiency
Act which occurred in the Department of the Air Force,
pursuant to 31 U.S.C. 1517(b); to the Committee on
Appropriations.
3752. A letter from the Assistant Secretary for Atomic
Energy, Department of Defense, transmitting a report on
measures to improve coordination and oversight of the DOD
chemical and biological defense program, pursuant to 50
U.S.C. 1522; to the Committee on Armed Services.
3753. A letter from the Under Secretary of Defense for
Personnel and Readiness, transmitting a report on future
career management systems for U.S. military officers; to the
Committee on Armed Services.
3754. A letter from the Executive Director, Thrift
Depositor Protection Oversight Board, transmitting a report
on the status of four savings associations, pursuant to 12
U.S.C. 1441a(k); to the Committee on Banking, Finance and
Urban Affairs.
3755. A letter from the Auditor, District of Columbia,
transmitting a copy of a report entitled ``Analysis of June
1994 Revenue Report'', pursuant to D.C. Code, section 47-
117(d); to the Committee on the District of Columbia.
3756. A letter from the Auditor, District of Columbia,
transmitting a copy of a report entitled ``Review of ADASA's
Spending and Contractual Administrative Practices'', pur-
suant to D.C. Code, section 47-117(d); to the Committee on
the District of Columbia.
3757. A letter from the Commissioner, National Center for
Education Statistics, Department of Education, transmitting
the statistical report of the National Center for Education
Statistics on the condition of education, pursuant to 20
U.S.C. 1221e-1(d)(1); to the Committee on Education and
Labor.
3758. A letter from the Secretary of Education,
transmitting a copy of Final Regulations--Strengthening
Institutions Program, pursuant to 20 U.S.C. 1232(d)(1); to
the Committee on Education and Labor.
3759. A letter from the Secretary of Education,
transmitting a copy of Final Regulations--State Independent
Living Services Program and Centers for Independent Living
Program: General Provisions; State Independent Living
Services; Centers for Independent Living; and Independent
Living Services for Older Individuals Who Are Blind, pursuant
to 20 U.S.C. 1232(d)(1); to the Committee on Education and
Labor.
3760. A letter from the Secretary of Education,
transmitting a copy of Final Regulations--Ronald E. McNair
Postbaccalaureate Achievement Program, pursuant to 20 U.S.C.
1232(d)(1); to the Committee on Education and Labor.
3761. A letter from the Secretary of Education,
transmitting the 16th annual report on the progress being
made toward the provision of a free appropriate public
education for all handicapped children, pursuant to 20 U.S.C.
1418(f)(1); to the Committee on Education and Labor.
3762. A letter from the Director of Legislative Affairs,
Equal Employment Opportunity Commission, transmitting a copy
of the 1993 annual report for the EEOC's Office of Program
Operations; to the Committee on Education and Labor.
3763. A letter from the Secretary, Department of Health and
Human Services, transmitting the second report on the
progress of implementing the Breast and Cervical Cancer
Mortality Prevention Act of 1990, pursuant to Public Law 101-
354, section 2 (104 Stat. 415); to the Committee on Energy
and Commerce.
3764. A letter from the Acting Inspector General,
Department of the Interior, transmitting the final audit
report entitled ``Accounting for FY 1992 Reimbursable
Expenditures of EPA Superfund Money, Water Resources
Division, U.S. Geological Survey,'' pursuant to 31 U.S.C.
7501 note; to the Committee on Energy and Commerce.
3765. A letter from the Secretary of Health and Human
Services, transmitting a report on effective care methods for
responding to the needs of abandoned infants and young
children, pursuant to Public Law 100-505; to the Committee on
Energy and Commerce.
3766. A letter from the Director, Defense Security
Assistance Agency, transmitting the quarterly reports in
accordance with sections 36(a) and 26(b) of the Arms Export
Control Act, the March 24, 1979 report by the Committee on
Foreign Affairs, and the seventh report by the Committee on
Government Operations for the third quarter of fiscal year
1994, April 1, 1994 through June 30, 1994, pursuant to 22
U.S.C. 2776(a) and 22 U.S.C. 2766(c); to the Committee on
Foreign Affairs.
3767. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a copy of
Presidential Determination No. 94-33, authorizing the
furnishing of assistance from the emergency refugee and
migration assistance fund for Palestinian refugees, pursuant
to 22 U.S.C. 2601(c)(3); to the Committee on Foreign Affairs.
3768. A communication from the President of the United
States, transmitting notification terminating the suspension
of the issuance of licenses for the export to the Peo-
[[Page 1869]]
ple's Republic of China of United States munitions list
articles, pursuant to Public Law 101-246, section 902(b)(2)
(104 Stat. 85) (H. Doc. No. 103-305); to the Committee on
Foreign Affairs and ordered to be printed.
3769. A letter from the Assistant Administrator, Bureau for
Legislative Affairs, U.S. Agency for International
Development, transmitting a memorandum of justification
indicating the President's intent to exercise his authority
under section 614(a)(1) of the FAA to provide housing
guaranty assistance to South Africa, pursuant to 22 U.S.C.
2364(c); to the Committee on Foreign Affairs.
3770. A letter from the Director of Congressional Affairs,
U.S. Arms Control and Disarmament Agency, transmitting a
report on arms control treaty compliance by the successor
states to the Soviet Union and other nations that are parties
to arms control agreements with the United States, as well as
by the United States itself, pursuant to 22 U.S.C. 2592; to
the Committee on Foreign Affairs.
3771. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting copies of the original
report of political contributions by Alfred H. Moses, of
Virginia, to be Ambassador to Romania, and members of his
family, pursuant to 22 U.S.C. 3944(b)(2); to the Committee on
Foreign Affairs.
3772. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a memorandum of
Justification for Presidential Determination (94-44)
regarding the drawdown of defense articles and services from
the stocks of DOD for disaster assistance for Rwanda,
pursuant to Public Law 101-513, section 547(a) (104 Stat.
2019); to the Committee on Foreign Affairs.
3773. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on Foreign Affairs.
3774. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on Foreign Affairs.
3775. A letter from the Assistant for Legislative Affairs,
Department of State, transmitting the President's
Determination (94-43) transferring fiscal year 1994 foreign
military financing funds to the peacekeeping operations
account and use of funds for enforcement of sanctions against
Serbia and Montenegro, pursuant to section 610(a) of the
Foreign Assistance Act of 1961; to the Committee on Foreign
Affairs.
3776. A letter from the Assistant for Legislative Affairs,
Department of State, transmitting two reports on cases
regarding chemical weapons proliferation, pursuant to 22
U.S.C. 2798(b)(2) and 50 U.S.C. app. 2410c(b)(2); to the
Committee on Foreign Affairs.
3777. A letter from the Assistant for Legislative Affairs,
Department of State, transmitting a report on the
implementation of the Nairobi Forward-Looking Strategies for
the Advancement of Women; to the Committee on Foreign
Affairs.
3778. A letter from the Acting Director, Office of
Management and Budget, transmitting certification that
certain amounts appropriated for the Board for International
Broadcasting for grants to Radio Free Europe/Radio Liberty,
Inc. are in excess of the amount necessary and will be placed
in BIB's currency reserve fund, pursuant to 22 U.S.C.
2877(b); to the Committee on Foreign Affairs.
3779. A letter from the Acting Director, Office of
Management and Budget, transmitting OMB estimate of the
amount of change in outlays or receipts, as the case may be,
in each fiscal year through fiscal year 1999 resulting from
passage of H.R. 2178, H.R. 2243 and H.R. 2942, pursuant to
Public Law 101-508, section 13101(a) (104 Stat. 1388-582); to
the Committee on Government Operations.
3780. A letter from the Acting Director, Office of
Management and Budget, transmitting OMB estimate of the
amount of change in outlays or receipts, as the case may be,
in each fiscal year through fiscal year 1999 resulting from
passage of H.R. 2739, pursuant to Public Law 101-508, section
13101(a) (104 Stat. 1388-582); to the Committee on Government
Operations.
3781. A letter from the Acting Director, Office of
Management and Budget, transmitting OMB estimate of the
amount of change in outlays or receipts, as the case may be,
in each fiscal year through fiscal year 1999 resulting from
passage of H.R. 4277 and H.R. 868, pursuant to Public Law
101-508, section 13101(a) (104 Stat. 1388-582); to the
Committee on Government Operations.
3782. A letter from the Comptroller General, General
Accounting Office, transmitting the list of all reports
issued or released in July 1994, pursuant to 31 U.S.C.
719(h); to the Committee on Government Operations.
3783. A letter from the President, Federal Financing Bank,
transmitting the fiscal year 1992 management report, pursuant
to Public Law 101-576, section 306(a) (104 Stat. 2854); to
the Committee on Government Operations.
3784. A letter from the Administrator, General Services
Administration, transmitting a draft of proposed legislation
to amend title 31, United States Code, to require executive
agencies to verify for correctness transportation charges
prior to payment, and for related purposes; to the Committee
on Government Operations.
3785. A letter from the Acting Director, Office of
Management and Budget, transmitting a report of activities
under the Freedom of Information Act for calendar year 1993,
pursuant to 5 U.S.C. 552(d); to the Committee on Government
Operations.
3786. A letter from the Acting Director, Office of
Management and Budget, transmitting OMB's estimate of the
amount of discretionary new budget authority and outlays for
the current year--if any--and the budget year provided by
H.R. 4506 and H.R. 4603, pursuant to Public Law 101-508,
section 13101(a) (104 Stat. 1388-578); to the Committee on
Government Operations.
3787. A letter from the Acting Director, Office of
Management and Budget, transmitting OMB's estimate of the
amount of discretionary new budget authority and outlays for
the current year--if any--and the budget year provided by
H.R. 4426 and H.R. 4453, pursuant to Public Law 101-508,
section 13101(a) (104 Stat. 1388-578); to the Committee on
Government Operations.
3788. A letter from the Secretary of Housing and Urban
Development, transmitting the fiscal year 1993 Federal
Housing Administration annual management report, pursuant to
Public Law 101-576, section 306(a) (104 Stat. 2854); to the
Committee on Government Operations.
3789. A letter from the Deputy Associate Director for
Compliance, Department of the Interior, transmitting
notification of proposed refunds of excess royalty payments
in OCS areas, pursuant to 43 U.S.C. 1339(b); to the Committee
on Natural Resources.
3790. A letter from the Deputy Associate Director for
Compliance, Department of the Interior, transmitting
notification of proposed refunds of excess royalty payments
in OCS areas, pursuant to 43 U.S.C. 1339(b); to the Committee
on Natural Resources.
3791. A letter from the Director, Administrative Office of
the U.S. Courts, transmitting recent action taken by the
Judicial Conference with respect to health care reform
proposals pending in Congress; to the Committee on the
Judiciary.
3792. A letter from the Deputy Executive Director, Reserve
Officers Association, transmitting the association's report
of audit for the year ending March 31, 1994, pursuant to 36
U.S.C. 1101(41), 1103; to the Committee on the Judiciary.
3793. A communication from the President of the United
States, transmitting an alternative pay adjustment plan for
1995, pursuant to 5 U.S.C. 5303(b) (H. Doc. No. 103-299); to
the Committee on Post Office and Civil Service and ordered to
be printed.
3794. A letter from the Secretary of Transportation,
transmitting the 1992 annual report, ``Highway Safety
Performance--Fatal and Injury Accident Rates on Public Roads
in the United States,'' pursuant to 23 U.S.C. 401 note; to
the Committee on Public Works and Transportation.
3795. A letter from the Assistant Secretary of the Army
(Civil Works), transmitting a letter from the Chief of
Engineers, Department of the Army dated June 30, 1994,
submitting a report together with accompanying papers and
illustrations (H. Doc. No. 103-300); to the Committee on
Public Works and Transportation and ordered to be printed.
3796. A letter from the Assistant Secretary of the Army
(Civil Works), transmitting a letter from the Chief of
Engineers, Department of the Army dated June 24, 1994,
submitting a report with accompanying papers and
illustrations (H. Doc. No. 103-301); to the Committee on
Public Works and Transportation and ordered to be printed.
3797. A letter from the Assistant Secretary of the Army
(Civil Works), transmitting a letter from the Chief of
Engineers, Department of the Army dated April 14, 1994,
submitting a report with accompanying papers and
illustrations (H. Doc. No. 103-302); to the Committee on
Public Works and Transportation and ordered to be printed.
3798. A letter from Assistant Secretary of the Army (Civil
Works), transmitting a letter from the Chief of Engineers,
Department of the Army dated June 24, 1994, submitting a
report with accompanying papers and illustrations (H. Doc.
No. 103-303); to the Committee on Public Works and
Transportation and ordered to be printed.
3799. A letter from the Assistant Secretary of the Army
(Civil Works), transmitting a letter from the Chief of
Engineers, Department of the Army dated June 30, 1994,
submitting a report together with accompanying papers and
illustrations (H. Doc. No. 103-304); to the Committee on
Public Works and Transportation and ordered to be printed.
3800. A letter from the Secretary of Health and Human
Services, transmitting the 1994 Social Security
Administration annual report, pursuant to 42 U.S.C. 904, 30
U.S.C. 936(b), 42 U.S.C. 1382(e)(3)(B), and 42 U.S.C. 421(i);
to the Committee on Ways and Means.
3801. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of
the State Department's intent to reprogram fiscal year 1994
funds to support the troops of the Multinational Coalition as
they relate to Haiti; jointly, to the Committees on Foreign
Affairs and Appropriations.
3802. A letter from the Comptroller General of the United
States, transmitting a report on the General Agreement on
Tariffs and Trade (GAO/GGD-94-83a); jointly, to the
Committees on Government Operations and Ways and Means.
3803. A letter from the Inspector General, National
Endowment for the Art, transmitting a report titled
``Restrictions on Lobbying'', pursuant to Public Law 101-121,
section 319 (103 Stat. 752); jointly, to the Committees on
Government Operations and Appropriations.
[[Page 1870]]
Para. 105.3 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed with amendments in which the concurrence of
the House is requested a bill of the House of the following title:
H.R. 4190. An Act to designate the building located at 41-
42 Norre Gade in Saint Thomas, Virgin Islands, for the period
of time during which it houses operations of the United
States Postal Service, as the Alvaro de Lugo Post Office.
The message also announced that the Senate had passed bills of the
following titles, in which the concurrence of the House is requested:
S. 528. An Act to provide for the transfer of certain
United States Forest Service lands located in Lincoln County,
Montana, to Lincoln County in the State of Montana;
S. 1614. An Act to amend the Child Nutrition Act of 1966
and the National School Lunch Act to promote healthy eating
habits for children and to extend certain authorities
contained in such acts through fiscal year 1998, and for
other purposes;
S. 1782. An Act to amend section 552 of title 5, United
States Code (commonly known as the Freedom of Information
Act), to provide for public access to information in an
electronic format, and for other purposes; and
S. 2430. An Act to facilitate recovery from the recent
flooding in Georgia, Alabama, and Florida resulting from
Tropical Storm Alberto by providing greater flexibility for
depository institutions and their regulators, and for other
purposes.
Para. 105.4 enrolled bills signed
The SPEAKER announced that pursuant to clause 4, rule I, he signed the
following enrolled bills on the following dates:
On September 8, 1994:
S. 859. An Act to reduce the restrictions on lands conveyed
by deed under the Act of June 8, 1926.
On September 9, 1994:
H.R. 3355. An Act to control and prevent crime.
H.R. 3474. An Act to reduce administrative requirements for
insured depository institutions to the extent consistent with
safe and sound banking practices, to facilitate the
establishment of community development financial
institutions, and for other purposes.
Para. 105.5 interparliamentary union
The SPEAKER announced that, pursuant to the provisions of 22 United
States Code 276a-1 and the order of the House of Sunday, August 21,
1994, authorizing the Speaker and the Minority Leader to accept
resignations and to make appointments authorized by law or by the House,
on September 8, 1994, he did appoint Mr. Wilson to the delegation to
attend the conference of the Interparliamentary Union to be held in
Copenhagen, Denmark, from September 12, 1994, to September 17, 1994.
Ordered, That the Clerk notify the Senate of the foregoing
appointment.
Para. 105.6 federal maritime commission authorization
Mr. STUDDS moved to suspend the rules and pass the bill (H.R. 4391) to
authorize appropriations for the Federal Maritime Commission for fiscal
year 1995; as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. STUDDS and Mr.
WELDON, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
authorize appropriations for the Federal Maritime Commission for fiscal
year 1995, and to amend the Shipping Act of 1984 to require that
conference agreements authorize members of conferences and groups of
common carriers from denying or limiting in export foreign commerce
compensation to ocean freight forwarders.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 105.7 wetlands conservation authorization
Mr. STUDDS moved to suspend the rules and pass the bill (H.R. 4308) to
amend the North American Wetlands Conservation Act to authorize
appropriations for allocations under that Act for wetlands conservation
projects; as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. STUDDS and Mr.
WELDON, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. WALKER demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
Para. 105.8 fish and wildlife conservation on military bases
Mr. STUDDS moved to suspend the rules and pass the bill (H.R. 3300) to
amend the Act popularly known as the ``Sikes Act'' to enhance fish and
wildlife conservation and natural resources management programs on
military installations; as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. STUDDS and Mr.
FIELDS, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 105.9 recess--12:52 p.m.
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to clause 12 of rule
I, declared the House in recess at 12 o'clock and 52 minutes p.m., until
4:30 p.m.
Para. 105.10 after recess--4:36 p.m.
The SPEAKER pro tempore, Mr. McNULTY, called the House to order.
Para. 105.11 veterans affairs and housing and urban deveopment
appropriations
Mr. STOKES called up the following conference report (Rept. No. 103-
715):
The Committee of Conference on the disagreeing votes of the
two Houses on the amendments of the Senate to the bill (H.R.
4624) ``making appropriations for the Departments of Veterans
Affairs and Housing and Urban Development, and for sundry
independent agencies, boards, commissions, corporations, and
offices for the fiscal year ending September 30, 1995, and
for other purposes,'' having met, after full and free
conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the Senate recede from its amendments numbered 2, 6,
21, 36, 44, 45, 78, 79, 81, 88, 89, 101, 102, 106, 114, 116,
118, 119, 120, 121, and 122.
That the House recede from its disagreement to the
amendments of the Senate numbered 4, 7, 8, 9, 12, 22, 23, 25,
27, 31, 35, 37, 39, 46, 61, 62, 67, 68, 69, 70, 73, 74, 75,
76, 83, 85, 90, 91, 92, 93, 95, 96, 110, 112, 113, and 115,
and agree to the same.
Amendment numbered 3:
That the House recede from its disagreement to the
amendment of the Senate numbered 3, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$890,600,000; and the Senate agree to the same.
Amendment numbered 10:
That the House recede from its disagreement to the
amendment of the Senate numbered 10, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$1,400,000,000; and the Senate agree to the same.
Amendment numbered 13:
That the House recede from its disagreement to the
amendment of the Senate numbered 13, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$11,083,000,000; and the Senate agree to the same.
Amendment numbered 15:
[[Page 1871]]
That the House recede from its disagreement to the
amendment of the Senate numbered 15, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$282,000,000; and the Senate agree to the same.
Amendment numbered 16:
That the House recede from its disagreement to the
amendment of the Senate numbered 16, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$3,700,000,000; and the Senate agree to the same.
Amendment numbered 18:
That the House recede from its disagreement to the
amendment of the Senate numbered 18, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended as
follows:
In lieu of the sum named in said amendment, insert:
$25,000,000; and the Senate agree to the same.
Amendment numbered 24:
That the House recede from its disagreement to the
amendment of the Senate numbered 24, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$175,000,000; and the Senate agree to the same.
Amendment numbered 26:
That the House recede from its disagreement to the
amendment of the Senate numbered 26, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$100,000,000; and the Senate agree to the same.
Amendment numbered 29:
That the House recede from its disagreement to the
amendment of the Senate numbered 29, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$1,279,000,000; and the Senate agree to the same.
Amendment numbered 34:
That the House recede from its disagreement to the
amendment of the Senate numbered 34, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$290,000,000; and the Senate agree to the same.
Amendment numbered 40:
That the House recede from its disagreement to the
amendment of the Senate numbered 40, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended as
follows:
In lieu of the sum named in said amendment insert:
$20,000,000; and the Senate agree to the same.
Amendment numbered 41:
That the House recede from its disagreement to the
amendment of the Senate numbered 41, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended as
follows:
In lieu of the sum named in said amendment insert:
$5,000,000; and the Senate agree to the same.
Amendment numbered 42:
That the House recede from its disagreement to the
amendment of the Senate numbered 42, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$42,000,000; and the Senate agree to the same.
Amendment numbered 43:
That the House recede from its disagreement to the
amendment of the Senate numbered 43, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$955,398,000; and the Senate agree to the same.
Amendment numbered 57:
That the House recede from its disagreement to the
amendment of the Senate numbered 57, and agree to the same
with an amendment, as follows:
In lieu of the sum named in said amendment insert:
$500,000; and the Senate agree to the same.
Amendment numbered 59:
That the House recede from its disagreement to the
amendment of the Senate numbered 59, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$42,509,000; and the Senate agree to the same.
Amendment numbered 63:
That the House recede from its disagreement to the
amendment of the Senate numbered 63, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$145,900,000; and the Senate agree to the same.
Amendment numbered 94:
That the House recede from its disagreement to the
amendment of the Senate numbered 94, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$215,960,000; and the Senate agree to the same.
Amendment numbered 99:
That the House recede from its disagreement to the
amendment of the Senate numbered 99, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$2,554,587,000; and the Senate agree to the same.
Amendment numbered 107:
That the House recede from its disagreement to the
amendment of the Senate numbered 107, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$2,280,000,000; and the Senate agree to the same.
Amendment numbered 108:
That the House recede from its disagreement to the
amendment of the Senate numbered 108, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$126,000,000; and the Senate agree to the same.
Amendment numbered 109:
That the House recede from its disagreement to the
amendment of the Senate numbered 109, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$250,000,000; and the Senate agree to the same.
The committee of conference report in disagreement
amendments numbered 1, 5, 11, 14, 17, 19, 20, 28, 30, 32, 33,
38, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 58, 60, 64, 65,
66, 71, 72, 77, 80, 82, 84, 86, 87, 97, 98, 100, 103, 104,
105, 111, 117, and 123.
Louis Stokes,
Alan B. Mollohan,
Jim Chapman,
Marcy Kaptur,
Esteban Edward Torres,
Ray Thornton,
David R. Obey,
Jerry Lewis,
Tom DeLay,
Dean A. Gallo,
Joseph M. McDade,
Managers on the Part of the House.
Barbara A. Mikulski,
Patrick J. Leahy,
J. Bennett Johnston,
Frank R. Lautenberg,
J. Robert Kerrey,
Dianne Feinstein,
Robert C. Byrd,
Phil Gramm,
Alfonse D'Amato,
Don Nickles,
Christopher S. Bond,
Conrad Burns,
Mark O. Hatfield,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
By unanimous consent, the previous question was ordered on the
conference report to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. McNULTY, announced that the yeas had it.
Mr. STOKES objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
313
When there appeared
<3-line {>
Nays
61
Para. 105.12 [Roll No. 417]
YEAS--313
Abercrombie
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Baker (CA)
Barlow
Barrett (NE)
Bartlett
Bateman
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Byrne
Callahan
Calvert
Canady
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Costello
Coyne
Cramer
Cunningham
Danner
Darden
de la Garza
Deal
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Emerson
English
Eshoo
Evans
Everett
Ewing
Farr
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Frost
Furse
Gallegly
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hamburg
Hamilton
Hansen
Harman
Hastert
Hayes
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoke
Holden
Horn
Houghton
Hoyer
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Kolbe
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lipinski
Livingston
Lloyd
[[Page 1872]]
Long
Lowey
Lucas
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Mineta
Moakley
Molinari
Mollohan
Montgomery
Moran
Morella
Murtha
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickle
Pomeroy
Porter
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ravenel
Reed
Regula
Richardson
Rogers
Rose
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schiff
Schroeder
Schumer
Scott
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stokes
Strickland
Studds
Stump
Stupak
Swift
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Torkildsen
Torres
Traficant
Tucker
Unsoeld
Valentine
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Young (AK)
Young (FL)
NAYS--61
Allard
Archer
Armey
Bachus (AL)
Ballenger
Barca
Barrett (WI)
Barton
Boehner
Bunning
Burton
Buyer
Castle
Coble
Combest
Cox
Crane
Crapo
Doolittle
Duncan
Ehlers
Fawell
Franks (NJ)
Gekas
Gingrich
Goss
Hall (TX)
Hancock
Hefley
Herger
Hoekstra
Inglis
Istook
Johnson, Sam
Klug
Knollenberg
Kyl
Linder
Manzullo
Miller (FL)
Minge
Moorhead
Myers
Paxon
Penny
Petri
Pombo
Ramstad
Roberts
Roemer
Rohrabacher
Roukema
Royce
Saxton
Schaefer
Sensenbrenner
Smith (MI)
Upton
Walker
Zeliff
Zimmer
NOT VOTING--60
Ackerman
Baker (LA)
Barcia
Becerra
Blackwell
Bryant
Camp
Clinger
Condit
Conyers
Cooper
Coppersmith
DeFazio
Derrick
Dickey
Dornan
Dreier
Engel
Ford (MI)
Gallo
Glickman
Grams
Hastings
Hefner
Huffington
Inhofe
Kaptur
Kopetski
Laughlin
Lewis (FL)
Machtley
McCurdy
Miller (CA)
Mink
Murphy
Nadler
Owens
Pickett
Portman
Rangel
Reynolds
Ridge
Ros-Lehtinen
Rostenkowski
Roth
Santorum
Serrano
Slattery
Smith (OR)
Stenholm
Sundquist
Swett
Synar
Thomas (WY)
Torricelli
Towns
Velazquez
Washington
Waxman
Yates
So the conference report was agreed to.
Para. 105.13 amendments in disagreement
The House then proceeded to the consideration of the following
amendments of the Senate reported in disagreement numbered 1, 5, 11, 14,
17, 19, 20, 28, 30, 32, 33, 38, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56,
58, 60, 64, 65, 66, 71, 72, 77, 80, 82, 84, 86, 87, 97, 98, 100, 103,
104, 105, 111 117, and 123.
On motion of Mr. STOKES, by unanimous consent, the following
amendments of the Senate numbered 1, 11, 17, 32, 33, 38, 47, 48, 49, 50,
52, 53, 54, 55, 65, 66, 77, 80, 82, 86, 97, 103, 104, and 105 were
considered en bloc.
On motion of Mr. STOKES, the House receded from its disagreement to
the amendments of the Senate numbered 1, 11, 17, 32, 33, 38, 47, 48, 49,
50, 52, 53, 54, 55, 65, 66, 77, 80, 82, 86, 97, 103, 104, and 105, and
concurred therein.
On motion of Mr. STOKES, the House receded from its disagreement to
the amendment of the Senate numbered 5 and concurred therein with the
following amendment:
In lieu of the sum proposed by said amendment, insert the
following: ``$355,612,000''.
On motion of Mr. STOKES, the House receded from its disagreement to
the amendment of the Senate numbered 14 and concurred therein with the
following amendment:
In lieu of the matter proposed by said amendment, insert
the following: ``to be added to and merged with the foregoing
amounts there shall be up to $400,000,000 of amounts of
budget authority (and contract authority) reserved or
obligated in prior years for the development or acquisition
costs of public housing (including public housing for Indian
families), for modernization of existing public housing
projects (including such projects for Indian families), and,
except as herein provided, for programs under section 8 of
the Act (42 U.S.C. 1437f), which are recaptured during fiscal
year 1995 or are unobligated as of September 30, 1994; and up
to $1,000,000 of transfers of unobligated balances from the
Urban Development Action Grants program: Provided further,
That
On motion of Mr. STOKES, the House receded from its disagreement to
the amendment of the Senate numbered 19 and concurred therein with the
following amendment:
In lieu of the sum proposed by said amendment, insert the
following: ``$2,785,582,000''.
On motion of Mr. STOKES, the House receded from its disagreement to
the amendment of the Senate numbered 20 and concurred therein with the
following amendment:
In lieu of the matter proposed in said amendment, insert
the following: ``:Provided further, That of the total amount
provided for rental assistance, a total of up to $400,000,000
may be made available for new programs subject to enactment
into law of applicable authorizing legislation''.
Mr. STOKES moved that the House recede from its disagreement to the
amendment of the Senate numbered 28 and concur therein with the
following amendment:
In lieu of the matter proposed by said amendment, insert
the following: ``: Provided further, That notwithstanding the
language preceding the first proviso of this paragraph,
$289,500,000 shall be used for special purpose grants in
accordance with the terms and conditions specified for such
grants in the committee of conference report and statement of
the managers (H. Rept. No. 103-715) accompanying H.R. 4624,
except for the grant of $500,000 for the Earth Conservatory
for the acquisition of land near Wilkes-Barre, PA''.
Pending consideration of said motion,
The SPEAKER pro tempore, Mr. McNULTY, pursuant to clause 1(b), rule
XXVIII, divided the time for debate equally among Messrs. STOKES, BROWN
and FAWELL.
After debate,
By unanimous consent, the previous question was ordered.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. McNULTY, announced that the yeas had it.
Mr. FAWELL objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
189
When there appeared
<3-line {>
Nays
180
Para. 105.14 [Roll No. 418]
YEAS--189
Abercrombie
Ackerman
Applegate
Bacchus (FL)
Barlow
Bateman
Bentley
Berman
Bevill
Bilbray
Bishop
Blute
Boehlert
Bonior
Borski
Boucher
Brooks
Brown (FL)
Brown (OH)
Byrne
Calvert
Cardin
Carr
Chapman
Clay
Clayton
Clyburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Conyers
Coyne
Cramer
Darden
de la Garza
DeLauro
Dellums
Diaz-Balart
Dicks
Dingell
Dixon
Durbin
Eshoo
Evans
Ewing
Farr
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford (TN)
Fowler
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hansen
Hilliard
Hinchey
Hobson
Hochbrueckner
Hoke
Holden
Houghton
Hoyer
Hughes
Jacobs
Jefferson
Johnson, E.B.
Johnston
Kanjorski
Kennedy
Kennelly
Kildee
Klink
Kreidler
LaFalce
Lewis (CA)
Lewis (GA)
Livingston
Lowey
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McDade
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Mineta
Moakley
Molinari
Mollohan
Montgomery
Moran
Morella
Murtha
Myers
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Orton
Packard
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Pickle
Pomeroy
Price (NC)
Quillen
Quinn
Rahall
Reed
Regula
Richardson
Rogers
Rose
Rowland
Roybal-Allard
Rush
Sabo
Sawyer
Schenk
Schiff
Schumer
Scott
Sharp
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spence
Stokes
Strickland
Studds
Stupak
Swift
[[Page 1873]]
Taylor (NC)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Traficant
Tucker
Unsoeld
Visclosky
Vucanovich
Walsh
Waters
Watt
Wheat
Whitten
Williams
Wise
Woolsey
Wyden
Young (AK)
NAYS--180
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Ballenger
Barca
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Beilenson
Bereuter
Bilirakis
Bliley
Boehner
Bonilla
Brewster
Browder
Brown (CA)
Bunning
Burton
Buyer
Callahan
Canady
Cantwell
Castle
Clement
Coble
Combest
Costello
Cox
Crane
Crapo
Cunningham
Danner
Deal
DeLay
Deutsch
Dooley
Doolittle
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
English
Everett
Fawell
Fields (TX)
Fingerhut
Fish
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Glickman
Goodlatte
Goodling
Goss
Grandy
Greenwood
Gunderson
Hamilton
Hancock
Harman
Hastert
Hayes
Hefley
Herger
Hoagland
Hoekstra
Horn
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inslee
Istook
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Kasich
Kim
King
Kingston
Kleczka
Klein
Klug
Knollenberg
Kolbe
Kyl
Lambert
Lancaster
LaRocco
Lazio
Leach
Lehman
Levin
Levy
Lewis (KY)
Lightfoot
Linder
Lipinski
Lloyd
Long
Lucas
Maloney
Mann
Manzullo
McCollum
McCrery
McHugh
McInnis
McKeon
Meyers
Mica
Michel
Miller (FL)
Minge
Moorhead
Nussle
Oxley
Parker
Paxon
Payne (VA)
Penny
Peterson (MN)
Petri
Pombo
Porter
Poshard
Pryce (OH)
Ramstad
Ravenel
Roberts
Roemer
Rohrabacher
Roukema
Royce
Sanders
Sangmeister
Sarpalius
Saxton
Schaefer
Schroeder
Sensenbrenner
Shaw
Shays
Shuster
Smith (MI)
Smith (TX)
Spratt
Stearns
Stump
Talent
Tanner
Tauzin
Taylor (MS)
Thomas (CA)
Upton
Valentine
Vento
Volkmer
Walker
Weldon
Wolf
Young (FL)
Zeliff
Zimmer
NOT VOTING--65
Baker (LA)
Barcia
Becerra
Blackwell
Bryant
Camp
Clinger
Condit
Cooper
Coppersmith
DeFazio
Derrick
Dickey
Dornan
Dreier
Edwards (CA)
Engel
Ford (MI)
Gallo
Grams
Hastings
Hefner
Huffington
Inhofe
Kaptur
Kopetski
Lantos
Laughlin
Lewis (FL)
Machtley
McCurdy
McMillan
Miller (CA)
Mink
Murphy
Nadler
Neal (NC)
Owens
Pickett
Portman
Rangel
Reynolds
Ridge
Ros-Lehtinen
Rostenkowski
Roth
Santorum
Serrano
Slattery
Smith (OR)
Solomon
Stark
Stenholm
Sundquist
Swett
Synar
Thomas (WY)
Torricelli
Towns
Velazquez
Washington
Waxman
Wilson
Wynn
Yates
So the motion to recede and concur in the amendment of the Senate
numbered 28 with an amendment was agreed to.
On motion of Mr. STOKES, the House receded from its disagreement to
the amendment of the Senate numbered 30 and concurred therein with the
following amendment:
In lieu of the sum proposed in said amendment, insert the
following: ``$2,536,000,000.''
On motion of Mr. STOKES, the House receded from its disagreement to
the amendment of the Senate numbered 51 and concurred therein with the
following amendment:
In lieu of the matter inserted by said amendment, insert
the following:
The United States Housing Act of 1937 is amended in each of
sections 6(c)(4)(A)(ii) and 8(d)(1)(A)(ii), by striking ``and
(V)'' and inserting in lieu thereof the following: ``(V)
assisting families that include one or more adult members who
are employed; and (VI)''; and in sections 6(c)(4)(A)(ii) and
8(d)(1)(A)(ii), by inserting after the final semicolon in
each the following: ``subclause (V) shall be effective only
during fiscal year 1995;''.
On motion of Mr. STOKES, the House receded from its disagreement to
the amendment of the Senate numbered 56 and concurred therein with the
following amendment:
Restore the matter stricken by said amendment, amended to
read as follows:
(Rescission)
Of the funds made available under this heading in Public
Law 103-124, $1,730,000 are rescinded immediately upon
enactment of this Act.
On motion of Mr. STOKES, the House receded from its disagreement to
the amendment of the Senate numbered 58 and concurred therein with the
following amendment:
In lieu of the matter inserted by said amendment, insert
the following:
Community Development Financial Institutions
community development financial institutions funds program account
For grants, loans, and technical assistance to qualifying
community development lenders, and administrative expenses of
the Fund, $125,000,000, to remain available until September
30, 1996: Provided, That of the funds made available under
this heading, up to $10,000,000 may be used for the cost of
direct loans, and up to $1,000,000 may be used for
administrative expenses to carry out the direct loan program:
Provided further, That the cost of direct loans, including
the cost of modifying such loans, shall be defined as in
section 502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize gross
obligations for the principal amount of direct loans not to
exceed $75,815,000: Provided further, That not more than
$39,000,000 of the funds made available under this heading
may be used for programs and activities authorized in section
114 of the Community Development Banking and Financial
Institutions Act of 1994.
On motion of Mr. STOKES, the House receded from its disagreement to
the amendment of the Senate numbered 60 and concurred therein with the
following amendment:
In lieu of the matter stricken and proposed by said
amendment, insert the following: ``$575,000,000, of which
$386,212,000 is available for obligation for the period
September 1, 1995 through August 31, 1996.''
On motion of Mr. STOKES, the House receded from its disagreement to
the amendment of the Senate numbered 64 and concurred therein with the
following amendment:
In lieu of the matter proposed by said amendment, insert
the following: ``: Provided further, That not more than
$14,175,000 of the $145,900,000 for the National Service
Trust shall be for educational awards authorized under
section 129(b) of the subtitle C of title I of the Act.''
On motion of Mr. STOKES, the House receded from its disagreement to
the amendment of the Senate numbered 71 and concurred therein with the
following amendment:
In lieu of the matter proposed by said amendment, insert
the following:
``research and development
``For research and development activities, including
procurement of laboratory equipment and supplies; other
operating expenses in support of research and development;
and construction, alteration, repair, rehabilitation and
renovation of facilities, not to exceed $75,000 per project;
$350,000,000, to remain available until September 30, 1996:
Provided, That not more than $55,000,000 of these funds shall
be available for procurement of laboratory equipment,
supplies, and other operating expenses in support of research
and development.''
On motion of Mr. STOKES, the House receded from its disagreement to
the amendment of the Senate numbered 72 and concurred therein with the
following amendment:
In lieu of the matter proposed by said amendment, insert
the following:
abatement, control, and compliance
For abatement, control, and compliance activities,
including hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase of reprints;
library memberships in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members; construction,
alteration, repair, rehabilitation, and renovation of
facilities, not to exceed $75,000 per project; and not to
exceed $6,000 for official reception and representation
expenses; $1,417,000,000, to remain available until September
30, 1996: Provided, That not more than $304,722,500 of these
funds shall be available for operating expenses: Provided
further, That none of the funds appropriated under this head
shall be available to the National Oceanic and Atmospheric
Administration pursuant to section 118(h)(3) of the Federal
Water Pollution Control Act, as amended: Provided further,
That from funds appropriated under this heading, the
Administrator may make grants to federally recognized Indian
governments for the development of multimedia environmental
programs.
On motion of Mr. STOKES, the House receded from its disagreement to
the amendment of the Senate numbered 84 and concurred therein with the
following amendment:
In lieu of the matter proposed by said amendment, insert
the following:
water infrastructure/state revolving fund
For necessary expenses for capitalization grants for State
revolving funds to support water infrastructure financing,
and to carry out the purposes of the Federal Water Pollution
Control Act, as amended, and the Water Quality Act of 1987,
$2,962,000,000, to remain available until expended, of which
$22,500,000 shall be for making grants under section
104(b)(3) of the Federal Water Pollution Con-
[[Page 1874]]
trol Act, as amended; $100,000,000 shall be for making grants
under section 319 of the Federal Water Pollution Control Act,
as amended, and shall be available only upon enactment of
clean water authorizing legislation, but if no such
legislation is enacted by November 1, 1994, these funds shall
immediately be available; $52,500,000 shall be for section
510 of the Water Quality Act of 1987; $70,000,000 shall be
for making grants under section 1443(a) of the Public Health
Service Act; and, notwithstanding any other provision of law,
$781,800,000 shall be available upon enactment of clean water
authorizing legislation, but if no such legislation is
enacted by November 1, 1994, the funds shall then be
available for making grants for the construction of
wastewater treatment facilities in accordance with the terms
and conditions specified for such grants in House Report 103-
715: Provided, That notwithstanding any other provision of
law, $500,000,000 made available under this heading in Public
Law 103-124, and earmarked to not become available until May
31, 1994, which date was extended to September 30, 1994, in
Public Law 103-211, shall be available upon enactment of
clean water authorizing legislation, but if no such
legislation is enacted by September 30, 1994, these funds
shall then be available for making grants for the
construction of wastewater treatment facilities in accordance
with the terms and conditions specified for such grants in
House Report 103-715: Provided further, That notwithstanding
any other provision of law, $1,235,200,000 shall be available
upon enactment of clean water state revolving fund
authorizing legislation, but if no such legislation is
enacted by November 1, 1994, these funds shall immediately be
available for making capitalization grants under title VI of
the Federal Water Pollution Control Act, as amended: Provided
further, That the grant awarded from funds appropriated under
the paragraph with the heading ``Construction grants'' in
title III of the Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies
Appropriations Act, 1990 (103 Stat. 858), for construction of
wastewater treatment facilities for the towns of Ware Shoals
and Honea Path, South Carolina, and would include, but would
not be limited to, the construction of a connector sewer
line, consisting of a main trunk line and four pump stations
for the town of Honea Path, South Carolina, to the wastewater
treatment facility in the town of Ware Shoals, South
Carolina, the upgrade and expansion of the Ware Shoals
wastewater treatment plant, and the demolition of the
Chiquala Mill Lagoon, the Clatworthy Lagoon, the Corner Creek
Lagoon, and the Still Branch Lagoon.
Mr. STOKES moved that the House insist on its disagreement to the
amendment of the Senate numbered 87.
Pending consideration of said motion,
Mr. BOEHNER moved that the House recede from its disagreement to the
amendment of the Senate numbered 87 and concur therein.
After debate,
By unanimous consent, the previous question was ordered.
The question being put, viva voce,
Will the House agree to said motion to recede from its disagreement to
the amendment of the Senate numbered 87 and concur therein?
The SPEAKER pro tempore, Mr. McNULTY, announced that the nays had it.
Mr. BOEHNER objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
222
When there appeared
<3-line {>
Nays
148
Para. 105.15 [Roll No. 419]
YEAS--222
Allard
Andrews (NJ)
Andrews (TX)
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Ballenger
Barca
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bentley
Bereuter
Bilbray
Bilirakis
Boehner
Bonilla
Borski
Brooks
Brown (FL)
Brown (OH)
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Canady
Cantwell
Cardin
Castle
Chapman
Coble
Coleman
Collins (GA)
Combest
Costello
Cox
Cunningham
Danner
de la Garza
Deal
DeLay
Deutsch
Diaz-Balart
Dooley
Dunn
Edwards (TX)
Ehlers
Emerson
Evans
Everett
Ewing
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Fowler
Franks (CT)
Franks (NJ)
Frost
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodling
Goss
Green
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Hoyer
Hunter
Hutto
Inglis
Inslee
Istook
Jefferson
Johnson (GA)
Johnson, E. B.
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kreidler
LaFalce
Lazio
Leach
Lehman
Levy
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lucas
Maloney
Mann
Manzullo
Margolies-Mezvinsky
Martinez
Mazzoli
McCandless
McCollum
McCrery
McHale
McInnis
McKeon
Menendez
Meyers
Mfume
Mica
Michel
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Moran
Myers
Nussle
Ortiz
Oxley
Packard
Pallone
Parker
Peterson (MN)
Petri
Pickle
Pombo
Pomeroy
Poshard
Pryce (OH)
Rahall
Regula
Richardson
Roberts
Rogers
Rohrabacher
Rose
Roukema
Rowland
Roybal-Allard
Royce
Sanders
Sangmeister
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shepherd
Shuster
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Spence
Stearns
Strickland
Stupak
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Traficant
Upton
Vento
Vucanovich
Walker
Weldon
Williams
Wise
Wolf
Wyden
Young (AK)
Zeliff
Zimmer
NAYS--148
Abercrombie
Ackerman
Andrews (ME)
Applegate
Bacchus (FL)
Barcia
Bateman
Beilenson
Berman
Bevill
Bishop
Bliley
Blute
Boehlert
Bonior
Boucher
Brewster
Browder
Brown (CA)
Carr
Clay
Clayton
Clement
Clyburn
Collins (IL)
Collins (MI)
Conyers
Coyne
Cramer
Crane
Crapo
Darden
DeLauro
Dellums
Dicks
Dingell
Dixon
Doolittle
Duncan
Durbin
English
Eshoo
Farr
Flake
Foglietta
Ford (TN)
Frank (MA)
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Goodlatte
Gordon
Gutierrez
Hamburg
Hamilton
Herger
Hilliard
Houghton
Hughes
Hutchinson
Hyde
Jacobs
Johnson (CT)
Johnson (SD)
Johnston
Kennedy
Kennelly
Kolbe
Kyl
Lambert
Lancaster
LaRocco
Levin
Lloyd
Long
Lowey
Manton
Markey
Matsui
McCloskey
McDade
McDermott
McHugh
McKinney
McNulty
Meehan
Meek
Mineta
Moakley
Mollohan
Morella
Murtha
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Orton
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Porter
Price (NC)
Quillen
Quinn
Ramstad
Reed
Roemer
Rush
Sabo
Sawyer
Schenk
Schroeder
Schumer
Scott
Sharp
Shays
Sisisky
Skaggs
Smith (IA)
Snowe
Solomon
Spratt
Stokes
Studds
Stump
Swift
Tanner
Torkildsen
Torres
Tucker
Unsoeld
Valentine
Visclosky
Volkmer
Walsh
Waters
Watt
Wheat
Whitten
Woolsey
Young (FL)
NOT VOTING--64
Baker (LA)
Becerra
Blackwell
Bryant
Camp
Clinger
Condit
Cooper
Coppersmith
DeFazio
Derrick
Dickey
Dornan
Dreier
Edwards (CA)
Engel
Ford (MI)
Gallo
Grams
Grandy
Hall (OH)
Hastings
Hefner
Huffington
Inhofe
Kopetski
Lantos
Laughlin
Lewis (FL)
Machtley
McCurdy
McMillan
Miller (CA)
Mink
Murphy
Nadler
Owens
Pickett
Portman
Rangel
Ravenel
Reynolds
Ridge
Ros-Lehtinen
Rostenkowski
Roth
Santorum
Serrano
Slattery
Smith (OR)
Stark
Stenholm
Sundquist
Swett
Synar
Thomas (WY)
Torricelli
Towns
Velazquez
Washington
Waxman
Wilson
Wynn
Yates
So the motion to recede and concur in the amendment of the Senate
numbered 87 was agreed to.
On motion of Mr. STOKES, the House receded from its disagreement to
the amendment of the Senate numbered 98 and concurred therein with the
following amendment:
In lieu of the matter inserted by said amendment, insert
the following:
National Aeronautical Facilities
(Including Rescission)
For construction of new national wind tunnel facilities,
including final design, modification of existing facilities,
necessary equipment, and for acquisition or condemnation of
real property as authorized by law, for the National
Aeronautics and Space Administration, $400,000,000, to remain
available until March 31, 1997: Provided, That the funds made
available under this heading shall be rescinded on July 15,
1995, unless the President requests at least $400,000,000 in
the fiscal year 1996 budget request for the National
Aeronautics and Space Administration for continuation of this
wind tunnel initiative.
On motion of Mr. STOKES, the House receded from its disagreement to
the amendment of the Senate numbered 100
[[Page 1875]]
and concurred therein with the following amendment:
In lieu of the matter inserted by said amendment, insert
the following: , to remain available until September 30,
1996: Provided, That of the amounts made available under the
heading ``Research and program management'' in Public Law
103-211, $18,000,000 are rescinded immediately upon enactment
of this Act: Provided further, That an additional
$18,000,000, to remain available until September 30, 1995,
shall be immediately available for research and program
management activities, contingent upon the enactment of the
rescission in the preceding proviso before October 1, 1994.
On motion of Mr. STOKES, the House receded from its disagreement to
the amendment of the Senate numbered 111 and concurred therein with the
following amendment:
In lieu of the matter proposed by said amendment, insert
the following: Provided, That $131,867,000 of the funds under
this heading are available for obligation for the period
September 1, 1995 through August 31, 1996: Provided further,
That the funds made available in the preceding proviso shall
be rescinded on July 15, 1995, unless the President requests
at least $250,000,000 in the fiscal year 1996 budget request
for the National Science Foundation for academic research
infrastructure activities.
On motion of Mr. STOKES, the House receded from its disagreement to
the amendment of the Senate numbered 117 and concurred therein with the
following amendment:
In lieu of the matter inserted by said amendment, insert
the following:
Sec. 518. None of the funds appropriated in this Act may be
used to implement any cap on reimbursements to grantees for
indirect costs, except as published in Office of Management
and Budget Circular A-21.
On motion of Mr. STOKES, the House receded from its disagreement to
the amendment of the Senate numbered 123 and concurred therein with the
following amendment:
In lieu of the matter inserted by said amendment, insert
the following:
TITLE VI EMERGENCY SUPPLEMENTAL APPROPRIATIONS DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT
Community Planning and Development
community development grants
(including transfer of funds)
For an additional amount for ``Community development
grants'', as authorized under title I of the Housing and
Community Development Act of 1974, for emergency expenses
resulting from the January 1994 earthquake in Southern
California, $225,000,000, to remain available until September
30, 1996, of which $50,000,000 shall be derived by transfer
from funds provided under the head ``Department of Education,
Impact aid'' in the Emergency Supplemental Appropriations Act
of 1994 (Public Law 103-211): Provided, That of the foregoing
amount, $200,000,000 and $25,000,000 shall be for the cities
of Los Angeles and Santa Monica, California, respectively:
Provided further, That in administering these funds, the
Secretary may waive, or specify alternative requirements for,
any provision of any statute or regulation that the Secretary
administers in connection with the obligation by the
Secretary or any use by the recipient of these funds, except
for statutory requirements relating to fair housing and
nondiscrimination, the environment, and labor standards, upon
finding that such waiver is required to facilitate the
obligation and use of such funds, and would not be
inconsistent with the overall purpose of the statute or
regulation: Provided further, That the entire amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
For an additional amount for ``Community development
grants'', for grants to States and units of general local
government and for related expenses, not otherwise provided
for, necessary for carrying out a community development
program as authorized by title I of the Housing and Community
Development Act of 1974, to be used to assist States, local
communities, and businesses in recovering from the flooding
and damage caused by Tropical Storm Alberto and other
disasters, $180,000,000, to remain available until expended:
Provided, That the Secretary of Housing and Urban Development
may waive any provision of law (except for provisions
relating to fair housing, the environment, or labor
standards) if the Secretary determines such waiver is
necessary to facilitate the obligation of the entire amount:
Provided further, That the Secretary of Housing and Urban
Development may transfer up to $50,000,000 to the HOME
investment partnerships program, as authorized under title II
of the Cranston-Gonzalez National Affordable Housing Act, to
be used for purposes related to flooding and damage caused by
Tropical Storm Alberto and other disasters: Provided further,
That the entire amount, including transfers, is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That the entire
amount, including transfers, shall be available only to the
extent of an official budget request, for a specific dollar
amount, that includes designation of the entire amount of the
request as an emergency requirement, as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted to the Congress.
A motion to reconsider the votes whereby the foregoing conference
report and motions were agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
Para. 105.16 order of business--postponement of vote on suspension
The SPEAKER pro tempore, Mr. McNULTY, announced that, pursuant to the
provisions of clause 5(b)(1) of rule I, the vote on the motion to
suspend the rules on H.R. 4308 was postponed until Tuesday, September
13, 1994.
Para. 105.17 senate bills referred
Bills of the Senate of the following titles were taken from the
Speaker's table and, under the rule, referred as follows:
S. 528. An Act to provide for the transfer of certain
United States Forest Service lands located in Lincoln County,
Montana, to Lincoln County in the State of Montana; to the
Committee on Natural Resources.
S. 1782. An Act to amend section 552 of title 5, United
States Code (commonly known as the Freedom of Information
Act), to provide for public access to information in an
electronic format, and for other purposes; to the Committee
on Government Operations.
S. 2430. An Act to facilitate recovery from the recent
flooding in Georgia, Alabama, and Florida resulting from
Tropical Storm Alberto by providing greater flexibility for
depository institutions and their regulators, and for other
purposes; to the Committee on Banking, Finance and Urban
Affairs.
Para. 105.18 enrolled bills signed
Mr. ROSE, from the Committee on House Administration, reported that
that committee had examined and found truly enrolled bills of the House
of the following titles, which were thereupon signed by the Speaker:
H.R. 3474. An Act to reduce administrative requirements for
insured depository institutions to the extend consistent with
safe and sound banking practices, to facilitate the
establishment of community development financial institution,
and for other purposes.
H.R. 3355. An Act to control and prevent crime.
Para. 105.19 senate enrolled bills signed
The SPEAKER announced his signature to enrolled bills of the Senate of
the following title:
S. 1066. An Act to restore Federal services to the Pokagon
Band of Potawatomi Indians.
S. 1357. An Act to reaffirm and clarify the Federal
relationship of the Little Traverse Bay Band of Odawa Indians
and the Little River Band of Ottawa Indians as distinct
federally recognized Indian tribes, and for other purposes.
Para. 105.20 bills presented to the president
Mr. ROSE, from the Committee on House Administration, reported that
that committee did, on the following days, present to the President, for
his approval, bills of the House of the following title:
On August 19, 1994:
H.R. 2847. An Act to amend the Commemorative Works Act, and
for other purposes.
H.R. 4790. An Act to designate the United States courthouse
under construction in St. Louis, Missouri, as the ``Thomas F.
Eagleton United States Courthouse.''
On August 22, 1994:
H.R. 2178. An Act to amend the Hazardous Materials
Transportation Act to authorize appropriations for the fiscal
years 1994, 1995, 1996, and 1997, and for other purposes.
H.R. 4603. An Act making appropriations for the Department
of Commerce, Justice, and State, the Judiciary, and related
agencies programs for the fiscal year ending September 30,
1995, and making supplemental appropriations for these
departments and agencies for the fiscal year ending September
30, 1994, and for other purposes.
And on August 23, 1994:
H.R. 2942. An Act to designate certain lands in the
Commonwealth of Virginia as the George Washington National
Forest Mount Pleasant Scenic Area.
H.R. 3197. An Act to redesignate the postal facility
located at 2100 North 13th Street in Reading, Pennsylvania,
as the ``Gus Yatron Postal Facility.''
Para. 105.21 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. NADLER, for today and September 13;
To Mr. YATES, for today; and,
To Mrs. MINK, for today and September 13.
And then,
[[Page 1876]]
Para. 105.22 adjournment
On motion of Mr. RAMSTAD, at 9 o'clock and 4 minutes p.m., the House
adjourned until 10:30 a.m., Tuesday, September 13, 1994.
Para. 105.23 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. STUDDS: Committee on Merchant Marine and Fisheries,
H.R. 4391. A bill to authorize appropriations for the Federal
Maritime Commission for fiscal year 1995; with an amendment
(Rept. No. 103-716). Referred to the Committee of the Whole
House on the State of the Union.
Mr. STUDDS: Committee on Merchant Marine and Fisheries,
H.R. 4308. A bill to amend the North American Wetlands
Conservation Act to authorize appropriations for allocations
under that act for wetlands conservation projects; with
amendments (Rept. No. 103-717). Referred to the Committee of
the Whole House on the State of the Union.
Mr. STUDDS: Committee on Merchant Marine and Fisheries,
H.R. 3300. A bill to amend the act popularly known as the
``Sikes Act'' to enhance fish and wildlife conservation and
natural resources management programs on military
installations; with an amendment (Rept. No. 103-718).
Referred to the Committee of the Whole House on the State of
the Union.
Para. 105.24 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. GEJDENSON:
H.R. 5022. A bill to amend title 38, United States Code, to
direct the Secretary of Veterans Affairs to establish a
permanent, confidential database and toll-free telephone line
for the collection of medical information concerning members
of the Armed Forces and veterans; to the Committee on
Veterans' Affairs.
By Mr. OWENS:
H.R. 5023. A bill to amend the Internal Revenue Code of
1986 to reduce the lowest rate of income tax imposed on
taxpayers other than corporations from 15 percent to 12.5
percent, to provide for a carryover basis of property
acquired from a decedent, and for other purposes; to the
Committee on Ways and Means.
By Mr. STOKES (for himself and Mr. Hobson):
H.R. 5024. A bill to require that the Director of the
National Park Service construct a national training center at
the National Afro-American Museum and Cultural Center, and
for other purposes; jointly, to the Committees on Natural
Resources and Education and Labor.
By Mr. STUMP:
H.R. 5025. A bill to eliminate a maximum daily diversion
restriction with respect to the pumping of certain water from
Lake Powell, and for other purposes; to the Committee on
Natural Resources.
By Mr. TORKILDSEN:
H.R. 5026. A bill to suspend until January 1, 1997, the
duty on copper-8-quinolinolate; to the Committee on Ways and
Means.
By Mr. TORRICELLI:
H.R. 5027. A bill to provide for the applicability of
Federal minority setaside requirements to Hispanic-Americans
of Spanish or Portuguese origin; to the Committee on
Government Operations.
By Mr. RAHALL (for himself and Ms. Cantwell):
H.R. 5028. A bill to make technical corrections to an act
preempting State economic regulation of motor carriers; to
the Committee on Public Works and Transportation.
By Mr. MONTGOMERY:
H.J. Res. 407. Joint resolution proposing an amendment to
the Constitution of the United States relative to the free
exercise of religion; to the Committee on the Judiciary.
By Mr. QUILLEN:
H.J. Res. 408. Joint resolution to designate June 11, 1995,
as ``D-Day Widows and Orphans National Recognition Day''; to
the Committee on Post Office and Civil Service.
Para. 105.25 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
473. By the SPEAKER; Memorial of the Legislature of the
State of Mississippi, relative to the flow of illegal drugs
into the United States; to the Committee on Armed Services.
474. Also, memorial of the House of Representatives of the
State of Illinois, relative to the 10th amendment to the
Constitution of the United States; to the Committee on the
Judiciary.
475. Also, memorial of the Legislature of the State of
Louisiana, relative to the 10th amendment of the Constitution
of the United States; to the Committee on the Judiciary.
476. Also, memorial of the Legislature of the State of
Texas, relative to issuance of a commemorative postage stamp
in recognition of Texas' 150 years of statehood; to the
Committee on Post Office and Civil Service.
477. Also, memorial of the Senate of the State of New York,
relative to the U.S. Customs Service establishing an Informed
Compliance Center; to the Committee on Ways and Means.
Para. 105.26 private bills and resolutions
Under clause 1 of rule XXII:
Mr. LANTOS introduced a bill (H.R. 5029) for the relief of
Billy UI, Meyer; which was referred to the Committee on the
Judiciary.
Para. 105.27 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 127: Mr. Gene Green of Texas, Mr. Walker, Mr. Pallone,
and Mr. Bachus of Alabama.
H.R. 323: Mr. Bachus of Alabama.
H.R. 349: Mr. Sisisky.
H.R. 411: Mr. Packard.
H.R. 441: Mr. Brown of Ohio.
H.R. 786: Mr. Cox.
H.R. 1110: Mr. Petri.
H.R. 1374: Ms. Kaptur.
H.R. 1517: Mr. Mineta.
H.R. 1552: Mr. Lipinski.
H.R. 1673: Mr. Lehman.
H.R. 1719: Mr. Dreier.
H.R. 1843: Mr. Gingrich and Mr. Emerson.
H.R. 2043: Ms. Cantwell.
H.R. 2050: Mr. Lehman.
H.R. 2175: Mr. Yates.
H.R. 2292: Mr. Serrano, Mr. Hobson, Mr. Ramstad, Mr. Price
of North Carolina, and Mr. Ravenel.
H.R. 2293: Mr. Baker of California.
H.R. 2460: Mr. Roberts.
H.R. 2873: Mr. Paxon and Ms. Slaughter.
H.R. 2888: Mr. Spratt.
H.R. 3207: Mr. Frost, Mr. Serrano, Mr. Hastings, Mrs.
Clayton, Mr. Gordon, Ms. Eddie Bernice Johnson of Texas, Mr.
Jefferson, Ms. DeLauro, and Mr. Dellums.
H.R. 3261: Mr. Emerson.
H.R. 3293: Mr. Regula.
H.R. 3306: Mr. Johnston of Florida.
H.R. 3546: Mr. Andrews of Texas, Mr. Sundquist, Mr.
Pomeroy, and Mr. Lightfoot.
H.R. 3560: Mr. Miller of Florida.
H.R. 3645: Mr. Weldon.
H.R. 3687: Mr. Pallone.
H.R. 3727: Mr. Gunderson.
H.R. 3862: Mrs. Meyers of Kansas and Mr. Lipinski.
H.R. 3866: Mr. McCloskey, Ms. Pelosi, Mr. Hoagland, Mr.
McNulty, and Mr. Hayes.
H.R. 3971: Mr. King and Mr. Thomas of Wyoming.
H.R. 3987: Mr. McCloskey.
H.R. 4051: Ms. DeLauro.
H.R. 4074: Mr. Andrews of New Jersey and Mr. Sam Johnson of
Texas.
H.R. 4091: Mrs. Morella, Mr. Engel, Mr. Brown of
California, Mr. Kennedy, Mr. Romero-Barcelo, Ms. Woolsey, and
Mr. Dixon.
H.R. 4356: Mr. Bachus of Alabama, Mr. Packard, Mr. King,
and Mr. Doolittle.
H.R. 4371: Mr. Miller of Florida.
H.R. 4404: Mrs. Byrne, Mr. Foglietta, Mr. Hinchey, Ms.
Norton, Mr. Oberstar, Ms. Pelosi, Mr. Conyers, Mr. Petri, and
Mr. Owens.
H.R. 4412: Mr. Whitten.
H.R. 4514: Mr. Klein, Mrs. Bentley, Mr. Wise, Ms. Woolsey,
Mr. Hamburg, and Mr. Baker of California.
H.R. 4618: Mr. Meehan.
H.R. 4669: Mrs. Maloney, Mr. Meehan, and Mr. Swett.
H.R. 4710: Mr. Serrano.
H.R. 4734: Mr. Owens and Mr. Berman.
H.R. 4742: Mr. Duncan, Mr. Dooley, Mr. Calvert, and Mrs.
Vucanovich.
H.R. 4744: Mr. Jefferson, Mr. Hayes, Mr. Skelton, Mr.
Dickey, Mr. Rose, Mr. Wilson, and Mr. Thompson of
Mississippi.
H.R. 4789: Mr. Greenwood.
H.R. 4805: Mr. Schiff and Mr. Skeen.
H.R. 4826: Mr. Rohrabacher.
H.R. 4830: Mr. Cramer, Mr. Doolittle, Mr. Rogers, Mr. Cox,
Mr. Stenholm, and Mr. Pete Geren of Texas.
H.R. 4831: Mr. Emerson.
H.R. 4841: Mr. Lewis of Georgia, Mr. Engel, Mr. Richardson,
and Mr. Thompson.
H.R. 4883: Mr. Paxon, Mr. Royce, and Mr. Livingston.
H.R. 4887: Mr. Gejdenson.
H.R. 4893: Mrs. Meyers of Kansas.
H.R. 4897: Mr. Johnson of South Dakota and Mr. Klein.
H.R. 4898: Mr. Johnson of South Dakota and Mr. Klein.
H.R. 4912: Mr. Quinn, Mr. Hastings, Mr. Swett, Mr. Clyburn,
Mr. Coppersmith, Mrs. Collins of Illinois, Mr. Rahall, Mr.
Costello, Mr. Hayes, Mr. Bevill, Mr. Brown of California, Mr.
Dicks, Mr. Edwards of California, Mr. Jefferson, Mr. Stokes,
Mr. Laughlin, Ms. Eddie Bernice Johnson of Texas, Mr. Kim,
Mr. Horn, Mr. Filner, and Mr. Applegate.
H.R. 4919: Mr. Jacobs.
H.R. 4946: Mr. Yates.
H.R. 4949: Mr. Fingerhut, Mr. Quinn, Mr. Gunderson, and Mr.
Zimmer.
H.R. 4971: Mr. Shays and Mr. Wilson.
H.R. 4976: Mr. Filner.
H.R. 5011: Mr. Johnson of Georgia.
H.J. Res. 282: Mr. Livingston and Mr. Barcia of Michigan.
H.J. Res. 327: Mr. Goodlatte.
H.J. Res. 349: Mr. Bevill.
H.J. Res. 376: Mr. Paxon.
H.J. Res. 378: Mr. Gunderson.
H.J. Res. 398: Mr. Wolf, Mr. Myers of Indiana, Mr. Quillen,
Mr. Ravenel, Mr. Doolittle, Mr. Engel, Mr. de Lugo, Mr. Lewis
of Georgia, Mr. Walsh, Mr. Hutchinson, Mr. Jacobs, Mr. Blute,
Mr. Gilchrest, Mr. Baker of California, and Mr. Callahan.
H. Con. Res. 15: Mr. Andrews of Texas
H. Con. Res. 148: Mr. Ridge and Mr. Baker of California.
[[Page 1877]]
H. Con. Res. 166: Mr. Menendez, Mr. Ridge, Mr. Shaw, Mr.
Bartlett of Maryland, and Mr. Santorum.
H. Con. Res. 199: Mr. Rush.
H. Con. Res. 262: Mr. Bateman, Mr. Bachus of Alabama, Mr.
Miller of California, Ms. Dunn, Mr. Lancaster, Mr. Kyl, Mr.
Everett, Ms. Slaughter, Mr. Hochbrueckner, Mr. Gunderson, Mr.
Petri, Mr. Bonior, Mr. Payne of Virginia, Mr. Coble, Mr.
Browder, Mr. Gene Geren of Texas, and Mr. Miller of Florida.
H. Con. Res. 268: Mr. Solomon, Mr. Gingrich, and Mrs.
Meyers of Kansas.
H. Con. Res. 269: Mr. Hyde, Mrs. Johnson of Connecticut,
and Mr. Smith of New Jersey.
H. Con. Res. 270: Mr. Rogers.
H. Con. Res. 276: Mr. Smith of Texas, Mr. Gunderson, Mr.
Quinn, Mr. Synar, Mr. Gonzalez, Mr. Wheat, Mr. Mann, Mr.
Sangmeister, Mr. Parker, Mr. Solomon, Mr. Brewster, Mr.
Spratt, Mr. Dreier, Mr. Poshard, Mr. Zimmer, Ms. English of
Arizona, Mr. Lazio, Mr. Volkmer, Mr. Filner, Mr. McCloskey,
Mr. Cramer, Mr. Glickman, Mr. McDermott, Mr. Wise, Mr.
Hinchey, Mr. Williams, Mr. Coleman, Mr. Peter Geren of Texas,
Mr. Payne of Virginia, Mr. Farr, Mrs. Unsoeld, Mr. Goodling,
and Mr. Taylor of Mississippi.
H. Con. Res. 281: Mr. Emerson, Mr. Lightfoot, Mr. Rangel,
Mr. Saxton, Ms. Ros-Lehtinen, Mr. Cooper, Mr. Schumer, Mr.
Yates, Mr. Schiff, and Mrs. Meek of Florida.
H. Con. Res. 282: Mr. Bliley, Mr. Valentine, Mr. Gingrich,
and Mr. Walsh.
H. Res. 402: Mr. Sarpalius, Mr. Jefferson, Mrs. Meyers of
Kansas, Mr. Frost, and Mr. Hastings.
H. Res. 424: Mr. Livingston, Mr. Bartlett of Maryland, and
Mrs. Bentley.
H. Res. 510: Mr. Bateman, Mr. Castle, Mr. Deutsch, Mr.
Engel, Ms. Furse, Mr. Gunderson, Mr. Schumer, Mr. Shaw, Mr.
Swett, and Mr. Talent.
Para. 105.28 petitions, etc.
Under clause 1 of rule XXII, petitions and papers were laid on the
Clerk's desk and referred as follows:
125. By the SPEAKER: Petition of office of the attorney
general, Jackson, MS, relative to State health care fraud
control units; to the Committee on Energy and Commerce.
126. Also, petition of office of the attorney general,
Carson City, NV, relative to State health care fraud control
units; to the Committee on Energy and Commerce.
127. Also, petition of office of the attorney general,
Wilmington, DE, relative to State health care fraud control
units; to the Committee on Energy and Commerce.
.
TUESDAY, SEPTEMBER 13, 1994 (106)
Para. 106.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
MONTGOMERY, at 10:30 a.m., who laid before the House the following
communication:
Washington, DC,
September 13, 1994.
I hereby designate the Honorable G.V. (Sonny) Montgomery to
act as Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Whereupon, pursuant to the order of the House of Friday, February 11,
1994, and Friday, June 10, 1994, Members were recognized for ``morning
hour'' debates.
Para. 106.2 recess--11:10 a.m.
The SPEAKER pro tempore, Mr. BACCHUS, pursuant to clause 12 of rule I,
declared the House in recess at 11 o'clock and 10 minutes until 12
o'clock noon.
Para. 106.3 after recess--12:00 noon
The SPEAKER called the House to order.
Para. 106.4 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Monday, September 12, 1994.
Mr. KYL, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the nays had it.
Mr. KYL objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
214
When there appeared
<3-line {>
Nays
141
Para. 106.5 [Roll No. 420]
YEAS--214
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Beilenson
Berman
Bevill
Bishop
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Byrne
Callahan
Cantwell
Carr
Clayton
Clement
Clyburn
Coleman
Collins (GA)
Collins (IL)
Combest
Conyers
Costello
Coyne
Cramer
Danner
Darden
de la Garza
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Durbin
Edwards (TX)
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilman
Glickman
Gonzalez
Gordon
Green
Greenwood
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Houghton
Hughes
Hutto
Hyde
Inglis
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCollum
McDermott
McHale
McInnis
McKinney
McNulty
Meehan
Meek
Menendez
Mineta
Minge
Moakley
Montgomery
Murtha
Myers
Neal (MA)
Neal (NC)
Oberstar
Olver
Ortiz
Orton
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Price (NC)
Rahall
Reed
Reynolds
Richardson
Roemer
Rose
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Schenk
Schumer
Scott
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (NJ)
Spratt
Stark
Stenholm
Strickland
Studds
Stupak
Swift
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Traficant
Tucker
Unsoeld
Valentine
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wise
Woolsey
Wyden
NAYS--141
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Bonilla
Brown (CA)
Bunning
Burton
Buyer
Calvert
Canady
Clay
Coble
Cox
Crane
Crapo
Cunningham
Diaz-Balart
Doolittle
Duncan
Dunn
Ehlers
Emerson
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Horn
Hunter
Hutchinson
Istook
Jacobs
Johnson, Sam
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kreidler
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCandless
McCrery
McDade
McHugh
McKeon
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Nussle
Oxley
Packard
Paxon
Petri
Porter
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Saxton
Schaefer
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--79
Abercrombie
Ackerman
Andrews (NJ)
Becerra
Bentley
Bilbray
Blackwell
Boehner
Bryant
Camp
Cardin
Castle
Chapman
Clinger
Collins (MI)
Condit
Cooper
Coppersmith
Deal
DeFazio
DeLay
Derrick
Dickey
Dooley
Dornan
Dreier
Edwards (CA)
Engel
Ford (MI)
Gallo
Gilchrest
Grams
Grandy
Hayes
Hefner
Hoke
Hoyer
Huffington
Inhofe
Johnson (CT)
Kopetski
Laughlin
Lewis (FL)
Machtley
Maloney
McCurdy
McMillan
Mfume
Miller (CA)
Mink
Mollohan
Moran
Morella
Murphy
Nadler
Obey
Owens
Rangel
Ridge
Rostenkowski
Roth
Serrano
Slattery
Smith (IA)
Smith (OR)
Stokes
Sundquist
Swett
Synar
Thomas (WY)
Towns
Velazquez
Washington
Wheat
Whitten
Williams
Wilson
Wynn
Yates
So the Journal was approved.
[[Page 1878]]
Para. 106.6 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3804. A letter from the Acting Director, Office of
Management and Budget, transmitting the cumulative report on
rescissions and deferrals of budget authority as of September
1, 1994, pursuant to 2 U.S.C. 685(e) (H. Doc. No. 103-306);
to the Committee on Appropriations and ordered to be printed.
3805. A letter from the Assistant to the President for
Economic Policy, transmitting a report entitled, ``Report on
Whether Foreign Governments or Companies Have a Coordinated
Strategy to Acquire U.S. Critical Technology Companies and
Whether Foreign Governments Use Espionage Activities to
Obtain Commercial U.S. Critical Technology Secrets,''
pursuant to Public Law 102-558, section 163 (106 Stat. 4219);
to the Committee on Banking, Finance and Urban Affairs.
3806. A letter from the Acting Chairman, Federal Deposit
Insurance Corporation, transmitting the 19th annual report
for the year 1993, pursuant to 15 U.S.C. 57a(f)(6); to the
Committee on Banking, Finance and Urban Affairs.
3807. A letter from the Secretary of Health and Human
Services, transmitting the annual report on the status and
accomplishment of the Youth Gang Drug Prevention Program; to
the Committee on Education and Labor.
3808. A letter from the Secretary of Health and Human
Services, transmitting the biennial report of the Agency for
Toxic Substances and Disease Registry covering the period
January 1, 1991, through December 31, 1992, pursuant to
Public Law 99-499, section 110(10) (100 Stat. 1641); to the
Committee on Energy and Commerce.
3809. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Army's proposed Letter(s) of Offer and
Acceptance [LOA] to Korea for defense articles and services
(Transmittal No. 94-48), pursuant to 22 U.S.C. 2776(b); to
the Committee on Foreign Affairs.
3810. A letter from the Director, Defense Security
Assistance Agency, transmitting notice concerning the
Department of the Army's proposed Letter(s) of Offer and
Acceptance [LOA] to Sweden for defense articles and services
(Transmittal No. 94-52), pursuant to 22 U.S.C. 2776(b); to
the Committee on Foreign Affairs.
3811. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Navy's proposed Letter(s) of Offer and
Acceptance [LOA] to the Coordination Council for North
American Affairs [CCNAA] for defense articles and services
(Transmittal No. 94-49), pursuant to 22 U.S.C. 2776(b); to
the Committee on Foreign Affairs.
3812. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Navy's proposed Letter(s) of Offer and
Acceptance [LOA] to Korea for defense articles and services
(Transmittal No. 94-53), pursuant to 22 U.S.C. 2776(b); to
the Committee on Foreign Affairs.
3813. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Air Force's proposed Letter(s) of Offer and
Acceptance [LOA] to Korea for defense articles and services
(Transmittal No. 94-54), pursuant to 22 U.S.C. 2776(b); to
the Committee on Foreign Affairs.
3814. A letter from the Administrator, U.S. Agency for
International Development, transmitting notice that the
President has determined that it is important to the security
interests of the United States to provide Housing Guaranty
loans to South Africa (Presidential Determination No. 94-45),
pursuant to 22 U.S.C. 2601(c)(3); to the Committee on Foreign
Affairs.
3815. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting copies of the original
report of political contributions by Peter Jon de Vos, of
Florida, to be Ambassador to the Republic of Costa Rica, and
members of his family, pursuant to 22 U.S.C. 3944(b)(2); to
the Committee on Foreign Affairs.
3816. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Army's proposed Letter(s) of Offer and
Acceptance [LOA] to Thailand for defense articles and
services (Transmittal No. 94-51), pursuant to 22 U.S.C.
2776(B); to the Committee on Foreign Affairs.
3817. A letter from the Environmental Protection Agency,
transmitting the Agency's annual report for the calendar year
1993 under the Freedom of Information Act, pursuant to 5
U.S.C. 552(d); to the Committee on Government Operations.
3818. A letter from the Acting Director, Office of
Management and Budget, transmitting a report on the
activities of Federal agencies in implementing the Computer
Matching and Privacy Protection Act for calendar year 1991,
pursuant to 5 U.S.C. 552a(r); to the Committee on Government
Operations.
3819. A letter from the Chairman, U.S. Merit Systems
Protection Board, transmitting the Board's report titled,
``Temporary Federal Employment: In Search of Flexibility and
Fairness''; to the Committee on Post Office and Civil
Service.
3820. A letter from the Secretary, Department of Energy,
transmitting Steel Initiative Management Plan research and
development activities report for fiscal year 1993, pursuant
to 15 U.S.C. 5107; to the Committee on Science, Space, and
Technology.
3821. A letter from the Administrator, Small Business
Administration, transmitting a report on developing a
secondary market for loans to small businesses; to the
Committee on Small Business.
3822. A letter from the Commissioner of Social Security,
transmitting a copy of a plan for a new disability claim
process; to the Committee on Ways and Means.
3823. A letter from the Secretary, Department of Labor,
transmitting the Department's annual report on the fiscal
year 1993 program operations of the Office of Workers'
Compensation Programs for the period October 1, 1992, through
September 30, 1993, pursuant to 30 U.S.C. 936(b); jointly, to
the Committee on Education and Labor and Post Office and
Civil Service.
3824. A letter from the Deputy Secretary of Defense,
transmitting notification that the Department intends to
obligate funds in support of joint research and development
programs with the former Soviet Union, pursuant to 22 U.S.C.
5955; jointly, to the Committees on Science, Space, and
Technology and Armed Services.
3825. A letter from the Acting Administrator, U.S. Agency
for International Development, transmitting the Agency's
quarterly report for development assistance including the
Development Fund for Africa, Special Assistance Initiatives
and New Independent States as of June 30, 1994, pursuant to
22 U.S.C. 2413(a); jointly, to the Committees on Foreign
Affairs and Appropriations.
3826. A letter from the Architect of the Capitol,
transmitting a copy of the 1993 annual report on solid waste
management in the Capitol complex; jointly, to the Committees
on House Administration and Appropriations.
3827. A letter from the Board Members, Railroad Retirement
Board, transmitting the Board's budget requests for fiscal
year 1996, pursuant to 49 U.S.C. 10387; jointly, to the
Committees on Appropriations, Ways and Means, and Energy and
Commerce.
3828. A letter from the Railroad Retirement Board,
transmitting the budget request for the Office of Inspector
General, Railroad Retirement Board, for fiscal year 1996,
pursuant to 45 U.S.C. 231f; jointly, to the Committees on
Appropriations, Energy and Commerce, and Ways and Means.
Para. 106.7 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed with an amendment in which the concurrence of
the House is requested, a bill of the House of the following title:
H.R. 4217. An Act to reform the Federal crop insurance
program, and for other purposes.
Para. 106.8 notice requirement--consideration of resolution--question of
privileges
Mr. TAYLOR of Mississippi, pursuant to clause 2(a)(1) of rule IX,
announced his intention to offer a resolution, as a question of the
privileges of the House.
Para. 106.9 intelligence authorization
On motion of Mr. GLICKMAN, by unanimous consent, the bill (H.R. 4299)
to authorize appropriations for fiscal year 1995 for intelligence and
intelligence-related activities of the United States Government, the
Community management account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes; together with
the amendment of the Senate thereto, was taken from the Speaker's table.
When on motion of Mr. GLICKMAN, it was,
Resolved, That the House disagree to the amendment of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Thereupon, the SPEAKER pro tempore, Mr. TORRES, by unanimous consent,
announced the appointment of the following Members as managers on the
part of the House at said conference:
From the Permanent Select Committee on Intelligence, for
consideration of the House bill, and the Senate amendment, and
modifications committed to conference:
Messrs. Glickman, Richardson, Dicks, Dixon, Torricelli, Coleman,
Skaggs, and Bilbray, Ms. Pelosi, and Messrs. Laughlin, Cramer, Reed,
Combest, Bereuter, Dornan, Young of Florida, Gekas, Hansen, and Lewis
of California.
From the Committee on Armed Services, for consideration of the
defense tactical intelligence and related activities:
Messrs. Dellums, Sisisky, and Spence.
As additional conferees from the Committee on Banking, Finance and
Urban Affairs, for consideration of sections 601 and 704 of the Senate
amendment, and modifications committed to conference:
[[Page 1879]]
Messrs. Gonzalez, Kennedy, LaRocco, McCandless, and Castle.
As additional conferees from the Committee on Government Operations,
for consideration of section 601 of the House bill, and modifications
committed to conference:
Messrs. Conyers, Towns, and Clinger.
As additional conferees from the Committee on the Judiciary, for
consideration of sections 802-04 of the House bill and sections 601,
703-07, and 709-12 of the Senate amendment, and modifications committed
to conference:
Messrs. Brooks, Edwards of California, and Hyde.
Ordered, That the Clerk notify the Senate thereof.
Para. 106.10 labor, hhs, and education appropriations
On motion of Mr. SMITH of Iowa, by unanimous consent, the bill (H.R.
4606) making appropriations for the Departments of Labor, Health and
Human Services, and Education, and related agencies, for the fiscal year
ending September 30, 1995, and for other purposes; together with the
amendments of the Senate thereto, was taken from the Speaker's table.
When on motion of Mr. SMITH of Iowa, it was,
Resolved, That the House disagree to the amendments of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Ordered, That the Clerk notify the Senate thereof.
Para. 106.11 motion to instruct conferees--h.r. 4606
Mr. PORTER moved that the managers on the part of the House at the
conference on the disagreeing votes of the two Houses on H.R. 4606 be
instructed to insist on the House position with respect to amendment
number 152.
Pending consideration of said motion,
On demand of Ms. WATERS, pursuant to clause 1, rule XXVIII,
Ordered, That time for debate be equally divided among Messrs. SMITH
of Iowa, PORTER, and Ms. WATERS.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. MAZZOLI, announced that the yeas had it.
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
Para. 106.12 appointment of conferees--h.r. 4606
Thereupon, the SPEAKER pro tempore, Mr. MAZZOLI, by unanimous consent,
announced the appointment of Messrs. Smith of Iowa, Obey, Stokes, Hoyer,
Ms. Pelosi, Mrs. Lowey, Mr. Serrano, Ms. DeLauro, Messrs. Sabo, Porter,
Young of Florida, Mrs. Bentley, Messrs. Bonilla, and McDade, as managers
on the part of the House at said conference.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 106.13 agriculture appropriations
On motion of Mr. DURBIN, by unanimous consent, the bill (H.R. 4554)
making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year ending
September 30, 1995, and for other purposes; together with the amendments
of the Senate thereto, was taken from the Speaker's table.
When on motion of Mr. DURBIN, it was,
Resolved, That the House disagree to the amendments of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Ordered, That the Clerk notify the Senate thereof.
Para. 106.14 motion to instruct conferees--h.r. 4554
Mr. SKEEN moved that the managers on the part of the House at the
conference on the disagreeing votes of the two Houses on H.R. 4606 be
instructed to insist on the House position on the amendments of the
Senate numbered 43 and 80.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. MAZZOLI, announced that the yeas had it.
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
Para. 106.15 appointment of conferees--h.r. 4554
Thereupon, the SPEAKER pro tempore, Mr. MAZZOLI, by unanimous consent,
announced the appointment of Messrs. Durbin, Whitten, Ms. Kaptur, Mr.
Thornton, Ms. DeLauro, Messrs. Peterson of Florida, Pastor, Smith of
Iowa, Obey, Skeen, Myers, Mrs. Vucanovich, Messrs. Walsh and McDade, as
managers on the part of the House at said conference.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 106.16 interior appropriations
On motion of Mr. DICKS, by unanimous consent, the bill (H.R. 4602)
making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 1995, and for other
purposes; together with the amendments of the Senate thereto, was taken
from the Speaker's table.
When on motion of Mr. DICKS, it was,
Resolved, That the House disagree to the amendments of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Ordered, That the Clerk notify the Senate thereof.
Para. 106.17 motion to instruct conferees--h.r. 4602
Mr. REGULA moved that the managers on the part of the House at the
conference on the disagreeing votes of the two Houses on H.R. 4602 be
instructed to insist on the House position on the amendments of the
Senate numbered 67 and 68.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. ANDREWS of Texas, announced that the yeas
had it.
Mr. RAHALL objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
318
When there appeared
<3-line {>
Nays
64
Para. 106.18 [Roll No. 421]
YEAS--318
Abercrombie
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Bartlett
Bateman
Beilenson
Bereuter
Berman
Bevill
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Byrne
Callahan
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cramer
Cunningham
Danner
Darden
de la Garza
Deal
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Duncan
Durbin
Edwards (TX)
Ehlers
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grandy
Green
Greenwood
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastert
Hastings
Hefley
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Holden
Horn
Houghton
Hoyer
Hughes
Hutchinson
[[Page 1880]]
Hutto
Hyde
Inglis
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kleczka
Klein
Klink
Klug
Kreidler
LaFalce
Lambert
Lancaster
Lantos
Lazio
Leach
Lehman
Levin
Levy
Lewis (GA)
Linder
Lipinski
Lloyd
Long
Lowey
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDade
McDermott
McHale
McHugh
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mica
Michel
Mineta
Minge
Moakley
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Oxley
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skelton
Slaugther
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Tanner
Taylor (MS)
Taylor (NC)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Traficant
Tucker
Unsoeld
Upton
Valentine
Vento
Visclosky
Volkmer
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wise
Wolf
Woolsey
Wyden
Young (FL)
Zeliff
Zimmer
NAYS--64
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Barton
Bilbray
Burton
Buyer
Calvert
Combest
Cox
Crane
Crapo
DeLay
Doolittle
Dunn
Emerson
Fields (TX)
Gillmor
Hall (TX)
Hancock
Hansen
Herger
Hoke
Hunter
Inhofe
Istook
Johnson, Sam
Kingston
Knollenberg
Kolbe
Kyl
LaRocco
Lewis (KY)
Lightfoot
Livingston
Lucas
Manzullo
McCandless
McCollum
McCrery
McInnis
McKeon
Miller (FL)
Molinari
Orton
Packard
Paxon
Pombo
Royce
Schaefer
Skeen
Stearns
Stenholm
Stump
Talent
Tauzin
Thomas (CA)
Vucanovich
Young (AK)
NOT VOTING--52
Ackerman
Becerra
Bentley
Camp
Clinger
Condit
Cooper
Coppersmith
DeFazio
Derrick
Dickey
Dornan
Dreier
Edwards (CA)
Engel
Fingerhut
Fish
Ford (MI)
Gallo
Grams
Gunderson
Hayes
Huffington
Kopetski
Laughlin
Lewis (CA)
Lewis (FL)
Machtley
Maloney
McCurdy
Mfume
Miller (CA)
Mink
Mollohan
Nadler
Owens
Rangel
Rostenkowski
Roth
Serrano
Slattery
Smith (OR)
Sundquist
Swett
Synar
Thomas (WY)
Towns
Velazquez
Washington
Wilson
Wynn
Yates
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
Para. 106.19 appointment of conferees--h.r. 4602
Thereupon, the SPEAKER pro tempore, Mr. ANDREWS of Texas, by unanimous
consent, announced the appointment of Messrs. Yates, Murtha, Dicks,
Bevill, Shaggs, Coleman, Obey, Regula, McDade, Kolbe, and Packard., as
managers on the part of the House at said conference.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 106.20 dod appropriations
On motion of Mr. MURTHA, by unanimous consent, the bill (H.R. 4650)
making appropriations for the Department of Defense for the fiscal year
ending September 30, 1995, and for other purposes; together with the
amendments of the Senate thereto, was taken from the Speaker's table.
When on motion of Mr. MURTHA, it was,
Resolved, That the House disagree to the amendments of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Ordered, That the Clerk notify the Senate thereof.
Para. 106.21 motion to instruct conferees--h.r. 4650
Mr. WALKER moved that the managers on the part of the House at the
conference the disagreeing votes of the two Houses on H.R. 4650 be
instructed to agree to the following language:
No funds appropriated under this Act shall be used to deploy United
States Armed Forces to Haiti or otherwise support United States Armed
Forces in Haiti for purposes of removing the de facto regime or for
subsequent peacekeeping by United States Armed Forces without first
obtaining the prior approval of the Congress.
Para. 106.22 point of order
Mr. MURTHA made a point of order against said motion and said:
``Mr. Speaker, I make a point of order against the motion to instruct
conferees. The motion instructs conferees to include matter outside the
scope of the conferees' authority and is in violation of clause 3, rule
XXVIII.''.
Mr. WALKER was recognized to speak to the point of order and said:
``Mr. Speaker, my dear friend, the gentleman from Pennsylvania [Mr.
Murtha], raises the point that the instruction that I have proposed
falls outside the scope of the legislation that we have before us.
``Mr. Speaker, the problem with the gentleman's point is the fact
that we are about to engage, according to media reports and according
to announcements from the administration, in an action in Haiti. This
is not an action that was contemplated at the time the bills were being
drafted either in the House or the Senate.
``Moreover, the troops are being deployed at the present time to
Haiti under funds appropriated last year, none of which were for the
purpose of an invasion of Haiti. In my view, the only place that the
House has to legitimately address this issue is in the defense
appropriations bill where we can limit funding if we do not believe
that this particular action should be taken.
``This instruction, while it does not meet the strict interpretation
of scope, is certainly within the scope of the moneys that are going to
be utilized in the bill that is before us. There is no doubt that if
this invasion takes place, the moneys that are going to be appropriated
under this bill will be used in Haiti.
``This is an instruction assuring that the Congress has acted on this
issue and assuring that none of these funds will go forward and be used
by our Armed Forces in Haiti until there has been a prior approval by
the Congress for that action.
``So I think this is a necessary action to take and conferees would
then be authorized to place this language into the bills that come back
for final action in the House. I would hope that the Chair would rule
in favor of this as an entirely appropriate way for the House to engage
in the issue of Haiti and assure that the Members of this House have
had at least a vote on whether or not to engage in a combatant action
in the nation of Haiti.''.
The SPEAKER pro tempore, Mr. ANDREWS of Texas, sustained the point of
order and said:
``The motion offered by the gentleman includes matter not within the
scope of differences on any of the Senate amendments being sent to
conference. The motion is, therefore, out of order under clause 3 of
rule XXVIII.
``On page 715 of the Manual it is stated that a point of order may be
sustained against a motion to instruct House conferees to address a
matter beyond the scope of differences being committed to conference by
the 215 Senate amendments.
``The Chair sustains the point of order.''.
Para. 106.23 motion to instruct conferees--h.r. 4650
Mr. McDADE moved that the managers on the part of the House at the
conference on the disagreeing votes of the two Houses on H.R. 4650, as
they resolve Senate amendment numbered 214, relating to fiscal year 1994
funding for Rwanda, be instructed to agree to the following provisos in
Senate amendment 214:
[[Page 1881]]
``Provided further, That no funds are available for United States
participation in operations in or around Rwanda after October 7, 1994'';
and
``Provided further, That any change in the mission from one of strict
refugee relief to security, peace-enforcing, nation-building or any
other substantive role, shall not be implemented without the further
approval of the Congress.''.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. ANDREWS of Texas, announced that the yeas
had it.
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
Para. 106.24 appointment of conferees--h.r. 4650
Thereupon, the SPEAKER pro tempore, Mr. ANDREWS of Texas, by unanimous
consent, announced the appointment of Messrs. Murtha, Dicks, Wilson,
Hefner, Sabo, Dixon, Visclosky, Darden, Obey, McDade, Young of Florida,
Livingston, Lewis of Georgia, and Skeen, as managers on the part of the
House at said conference.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 106.25 providing for a closed conference--h.r. 4650
Mr. MURTHA moved, pursuant to clause 6, rule XXVIII, that the
conference committee meetings between the House and Senate on H.R. 4650;
be closed to the public at such times as classified national security
information is under consideration; Provided, however, That any sitting
Member of Congress shall have a right to attend any closed or open
meeting.
The question being put,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. ANDREWS of Texas, announced that a roll
call was required under clause 6, rule XXVIII, and the call was taken by
electronic device.
It was decided in the
Yeas
376
<3-line {>
affirmative
Nays
0
Para. 106.26 [Roll No. 422]
AYES--376
Abercrombie
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Conyers
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doolittle
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Foglietta
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grandy
Green
Greenwood
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Levy
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mica
Michel
Miller (FL)
Mineta
Minge
Moakley
Molinari
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Swift
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Traficant
Tucker
Unsoeld
Upton
Valentine
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wise
Wolf
Woolsey
Wyden
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--58
Ackerman
Becerra
Bentley
Camp
Clinger
Condit
Cooper
Coppersmith
DeFazio
Derrick
Dickey
Dooley
Dornan
Dreier
Edwards (CA)
Engel
Fingerhut
Fish
Ford (MI)
Gallo
Grams
Gunderson
Hayes
Huffington
Inhofe
Kopetski
Laughlin
Lewis (CA)
Lewis (FL)
Machtley
Maloney
Mann
McCurdy
McDermott
Mfume
Miller (CA)
Mink
Mollohan
Nadler
Owens
Payne (VA)
Rangel
Rostenkowski
Roth
Serrano
Sharp
Slattery
Smith (OR)
Sundquist
Swett
Synar
Thomas (WY)
Towns
Velazquez
Washington
Wilson
Wynn
Yates
So the motion was agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
Para. 106.27 h.r. 4308--unfinished business
The SPEAKER pro tempore, Mr. ANDREWS of Texas, pursuant to clause 5,
rule I, announced the unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 4308) to amend the North American
Wetlands Conservation Act to authorize appropriations for allocations
under that Act for wetlands conservation projects; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
368
<3-line {>
affirmative
Nays
5
Para. 106.28 [Roll No. 423]
YEAS--368
Abercrombie
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Beilenson
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Calvert
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Conyers
Costello
Cox
Coyne
Cramer
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Doolittle
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
English
Eshoo
[[Page 1882]]
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Foglietta
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grandy
Green
Greenwood
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hansen
Harman
Hastert
Hastings
Hefley
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Levy
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCrery
McDade
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mica
Michel
Mineta
Minge
Moakley
Molinari
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stupak
Swift
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Traficant
Tucker
Unsoeld
Upton
Valentine
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Wise
Wolf
Woolsey
Wyden
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--5
Crane
DeLay
Hancock
Johnson, Sam
Stump
NOT VOTING--61
Ackerman
Becerra
Bentley
Berman
Callahan
Camp
Clinger
Condit
Cooper
Coppersmith
DeFazio
Derrick
Dickey
Dornan
Dreier
Edwards (CA)
Engel
Fingerhut
Fish
Ford (MI)
Gallo
Gibbons
Grams
Gunderson
Hayes
Herger
Huffington
Inhofe
Kopetski
Laughlin
Lewis (CA)
Lewis (FL)
Machtley
Maloney
McCollum
McCurdy
McDermott
Mfume
Miller (CA)
Miller (FL)
Mink
Mollohan
Nadler
Owens
Rangel
Rostenkowski
Roth
Serrano
Sharp
Slattery
Smith (OR)
Sundquist
Swett
Synar
Thomas (WY)
Towns
Velazquez
Washington
Williams
Wilson
Wynn
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``A bill to
authorize appropriations to assist in carrying out the North American
Wetlands Conservation Act for fiscal years 1995 through 1998, and for
other purposes.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 106.29 notice requirement--consideration of resolution--question
of privileges
Mr. COX, pursuant to clause 2(a)(1) of rule IX, announced his
intention to offer a resolution, as a question of the privileges of the
House.
Para. 106.30 adjournment over
On motion of Mr. MONTGOMERY, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 10
o'clock a.m. on Friday, September 16, 1994.
Para. 106.31 adjournment over
On motion of Mr. MONTGOMERY, by unanimous consent,
Ordered, That when the House adjourns on Friday, September 16, 1994,
it adjourn to meet at 12 o'clock noon on Monday, September 19, 1994.
Para. 106.32 calendar wednesday business dispensed with
On motion of Mr. MONTGOMERY, by unanimous consent,
Ordered, That business in order for consideration on Wednesday,
September 21, 1994, under clause 7, rule XXIV, the Calendar Wednesday
rule, be dispensed with.
Para. 106.33 veterans employment rights and benefits
On motion of Mr. MONTGOMERY, by unanimous consent, the bill (H.R. 995)
to amend title 38, United States Code, to improve reemployment rights
and benefits of veterans and other benefits of employment of certain
members of the uniformed services, and for other purposes; together with
the following amendment of the Senate thereto, was taken from the
Speaker's table:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Uniformed Services
Employment and Reemployment Rights Act of 1993''.
SEC. 2. REVISION OF CHAPTER 43 OF TITLE 38.
(a) Restatement and Improvement of Employment and
Reemployment Rights.--Chapter 43 of title 38, United States
Code, is amended to read as follows:
``CHAPTER 43--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE
UNIFORMED SERVICES
``SUBCHAPTER I--GENERAL
``Sec.
``4301. Purposes; sense of Congress.
``4302. Relation to other law; construction.
``4303. Definitions.
``4304. Character of service.
``SUBCHAPTER II--EMPLOYMENT AND REEMPLOYMENT RIGHTS AND LIMITATIONS;
PROHIBITIONS
``4311. Discrimination against persons who serve in the uniformed
services and acts of reprisal prohibited.
``4312. Reemployment rights of persons who serve in the uniformed
services.
``4313. Reemployment positions.
``4314. Reemployment by the Federal Government.
``4315. Reemployment by certain Federal agencies.
``4316. Rights, benefits, and obligations of persons absent from
employment for service in a uniformed service.
``4317. Employee pension benefit plans.
``SUBCHAPTER III--PROCEDURES FOR ASSISTANCE, ENFORCEMENT, AND
INVESTIGATION
``4321. Assistance in obtaining reemployment or other employment rights
or benefits.
``4322. Enforcement of rights with respect to a State or private
employer.
``4323. Enforcement of rights with respect to the Federal executive
agencies.
``4324. Enforcement of rights with respect to certain Federal agencies.
``4325. Conduct of investigation; subpoenas.
``SUBCHAPTER IV--MISCELLANEOUS
``4331. Regulations.
``4332. Outreach.
``SUBCHAPTER I--GENERAL
``Sec. 4301. Purposes; sense of Congress
``(a) The purposes of this chapter are--
``(1) to encourage noncareer service in the uniformed
services by eliminating or minimizing the disadvantages to
civilian careers and employment which can result from such
service;
``(2) to minimize the disruption to the lives of persons
performing service in the uniformed services as well as to
their employers, their fellow employees, and their
communities, by providing for the prompt reemployment of such
persons upon their completion of such service under honorable
conditions; and
``(3) to prohibit discrimination against persons because of
their service in the uniformed services.
``(b) It is the sense of Congress that the Federal
Government should be a model employer in carrying out the
provisions of this chapter.
``Sec. 4302. Relation to other law; construction
``(a) Nothing in this chapter shall supersede, nullify or
diminish any Federal or State law (including any local law or
ordinance) or employer practice, policy, agree-
[[Page 1883]]
ment, or plan that establishes a right or benefit that is
more beneficial to, or is in addition to, a right or benefit
provided for such person in this chapter.
``(b) This chapter supersedes any State law (including any
local law or ordinance) or employer practice, policy,
agreement, or plan that reduces, limits, or eliminates in any
manner any right or benefit provided by this chapter,
including the establishment of additional prerequisites to
the exercise of any such right or the receipt of any such
benefit.
``Sec. 4303. Definitions
``For the purposes of this chapter--
``(1) The term `Attorney General' means the Attorney
General of the United States or any person designated by the
Attorney General to carry out a responsibility of the
Attorney General under this chapter.
``(2) The term `benefit', `benefit of employment', or
`rights and benefits' means any advantage, profit, privilege,
gain, status, account, or interest (other than wages or
salary for work performed) that accrues by reason of an
employment contract or an employer practice or custom and
includes rights and benefits under a pension plan, a health
plan, an employee stock ownership plan, insurance coverage
and awards, bonuses, severance pay, supplemental unemployment
benefits, vacations, and the opportunity to select work hours
or location of employment.
``(3)(A) The term `employee' means any person employed by
an employer.
``(B) With respect to employment in a foreign country, the
term `employee' includes an individual who is a citizen of
the United States.
``(4)(A) Except as provided in subparagraphs (B) and (C),
the term `employer' means any person, institution,
organization, or other entity that pays salary or wages for
work performed or that has control over employment
opportunities, including--
``(i) a person, institution, organization, or other entity
to whom the employer has delegated the performance of
employment-related responsibilities;
``(ii) the Federal Government;
``(iii) a State;
``(iv) any successor in interest to a person, institution,
organization, or other entity referred to in this
subparagraph; and
``(v) a person, institution, organization, or other entity
that has denied initial employment in violation of section
4311 of this title.
``(B) In the case of a National Guard technician employed
under section 709 of title 32, the term `employer' means the
adjutant general of the State in which the technician is
employed.
``(C) Except as an actual employer of employees, an
employee pension benefit plan described in section 3(2) of
the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1002(2)) shall be deemed to be an employer only with
respect to the obligation to provide benefits described in
section 4317 of this title.
``(5) The term `Federal executive agency' includes the
United States Postal Service, the Postal Rate Commission, any
nonappropriated fund instrumentality of the United States,
and any Executive agency (as that term is defined in section
105 of title 5) other than an agency referred to in section
2302(a)(2)(C)(ii) of title 5.
``(6) The term `Federal Government' includes any Federal
executive agency, the legislative branch of the United
States, and the judicial branch of the United States.
``(7) The term `health plan' means an insurance policy or
contract, medical or hospital service agreement, membership
or subscription contract, or other arrangement under which
health services for individuals are pro-
vided or the expenses of such services are paid.
``(8) The term `notice' means (with respect to subchapter
II) any written or verbal notification of an obligation or
intention to perform service in the uniformed services
provided to an employer by the employee who will perform such
service or by the uniformed service in which such service is
to be performed.
``(9) The term `qualified', with respect to an employment
position, means having the ability to perform the essential
tasks of the position.
``(10) The term `reasonable efforts', in the case of
actions required of an employer under this chapter, means
actions, including training provided by an employer, that do
not place an undue hardship on the employer.
``(11) The term `Secretary' means the Secretary of Labor or
any person designed by such Secretary to carry out an
activity under this chapter.
``(12) The term `seniority' means longevity in employment
together with any benefits of employment which accrue with,
or are determined by, longevity in employment.
``(13) The term `service in the uniformed services' means
the performance of duty on a voluntary or involuntary basis
in a uniformed service under competent authority and includes
active duty, active duty for training, initial active duty
for training, inactive duty training, full-time National
Guard duty, and a period for which a person is absent from a
position of employment for the purpose of an examination to
determine the fitness of the person to perform any such duty.
``(14) The term `State' means each of the several States of
the United States, the District of Columbia, the Commonwealth
of Puerto Rico, Guam, the Virgin Islands, and other
territories of the United States (including the agencies and
political subdivisions thereof).
``(15) The term `undue hardship', in the case of actions
taken by an employer, means actions requiring significant
difficulty or expense, when considered in light of--
``(A) the nature and cost of the action needed under this
chapter;
``(B) the overall financial resources of the facility or
facilities involved in the provision of the action; the
number of persons employed at such facility; the effect on
expenses and resources, or the impact otherwise of such
action upon the operation of the facility;
``(C) the overall financial resources of the employer; the
overall size of the business of an employer with respect to
the number of its employees; the number, type, and location
of its facilities; and
``(D) the type of operation or operations of the employer,
including the composition, structure, and functions of the
work force of such employer; the geographic separateness,
administrative, or fiscal relationship of the facility or
facilities in question to the employer.
``(16) The term `uniformed services' means the Armed
Forces, the Army National Guard and the Air National Guard
when engaged in active duty for training, inactive duty
training, or full-time National Guard duty, the commissioned
corps of the Public Health Service, and any other category of
persons designated by the President in time of war or
emergency.
``Sec. 4304. Character of service
``A person's entitlement to the benefits of this chapter by
reason of the service of such person in one of the uniformed
services terminates upon the occurrence of any of the
following events:
``(1) A separation of such person from such uniformed
service with a dishonorable or bad conduct discharge.
``(2) A separation of such person from such uniformed
service under other than honorable conditions, as
characterized pursuant to regulations prescribed by the
Secretary concerned.
``(3) A dismissal of such person permitted under section
1161(a) of title 10.
``(4) A dropping of such person from the rolls pursuant to
section 1161(b) of title 10.
``SUBCHAPTER II--EMPLOYMENT AND REEMPLOYMENT RIGHTS AND LIMITATIONS;
PROHIBITIONS
``Sec. 4311. Discrimination against persons who serve in the
uniformed services and acts of reprisal prohibited
``(a) A person who is a member of, applies to be a member
of, performs, has performed, applies to perform, or has an
obligation to perform service in a uniformed service shall
not be denied initial employment, reemployment, retention in
employment, promotion, or any benefit of employment by an
employer on the basis of that membership, application for
membership, performance, service, application for service, or
obligation.
``(b) An employer shall be considered to have denied a
person initial employment, reemployment, retention in
employment, promotion, or a benefit of employment in
violation of this section if the person's membership,
application for membership, service, application for service,
or obligation for service in the uniformed services is a
motivating factor in the employer's action, unless the
employer can demonstrate that the action would have been
taken in the absence of such membership, application for
membership, performance, service, application for service, or
obligation.
``(c)(1) An employer may not discriminate in employment
against or take any adverse employment action against any
person because such person has taken an action to enforce a
protection afforded any person under this chapter, has
testified or otherwise made a statement in or in connection
with any proceeding under this chapter, has assisted or
otherwise participated in an investigation under this
chapter, or has exercised a right provided for in this
chapter.
``(2) The prohibition in paragraph (1) shall apply with
respect to a person regardless of whether that person has
performed service in the uniformed services.
``(d)(1) An employer may take an action otherwise
prohibited by this section with respect to an employee in a
workplace in a foreign country if compliance with such
section would cause such employer to violate the law of the
foreign country in which the workplace is located.
``(2) If an employer controls a corporation incorporated
and located in a foreign country, any practice prohibited by
this chapter that is engaged in by such corporation shall be
presumed to be engaged in by such employer.
``(3)(A) The prohibitions of this section shall not apply
to a foreign employer not controlled by an American employer.
``(B) For purposes of this paragraph the determination of
whether an employer controls a corporation shall be based
on--
``(i) the interrelation of operations;
``(ii) the common management;
``(iii) the centralized control of labor relations; and
``(iv) the common ownership or financial control of the
employer and the corporation.
``Sec. 4312. Reemployment rights of persons who serve in the
uniformed services
``(a) Subject to subsections (b), (c), and (d), any person
who is absent from a position of employment by reason of
service in the uni-
[[Page 1884]]
formed services shall be entitled to the reemployment rights
and benefits and other employment benefits of this chapter
if--
``(1) the person (or an appropriate officer of the
uniformed service in which such service is performed) has
given advance written or verbal notice of such service to
such person's employer;
``(2) the cumulative length of the absence and of all
previous absences from a position of employment with that
employer by reason of service in the uniformed services does
not exceed five years; and
``(3) the person reports to, or submits an application for
reemployment to, such employer in accordance with subsection
(e).
``(b) No notice is required under subsection (a)(1) if the
giving of such notice is precluded by military necessity or
the giving of such notice is otherwise impossible or
unreasonable. A determination of military necessity for the
purposes of this subsection shall be made pursuant to
regulations prescribed by the Secretary of Defense and shall
not be subject to judicial review.
``(c) Subsection (a) shall apply to a person who is absent
from a position of employment by reason of service in the
uniformed services if such person's cumulative period of
service in the uniformed services, with respect to the
employer relationship for which a person seeks reemployment,
does not exceed five years, except that any such period of
service shall not include any service--
``(1) that is required, beyond five years, to complete an
initial period of obligated service;
``(2) during which such person was unable to obtain orders
releasing such person from a period of service in the
uniformed services before the expiration of such five-year
period and such inability was through no fault of such
person;
``(3) performed as required pursuant to section 270 of
title 10, under section 502(a) or 503 of title 32, or to
fulfill additional training requirements determined and
certified in writing by the Secretary concerned, to be
necessary for professional development, or for completion of
skill training or retraining; or
``(4) performed by a member of a uniformed service who is--
``(A) ordered to or retained on active duty under section
672(a), 672(g), 673, 673b, 673c, or 688 of title 10 or under
section 331, 332, 359, 360, 367, or 712 of title 14;
``(B) ordered to or retained on active duty (other than for
training) under any provision of law during a war or during a
national emergency declared by the President or the Congress;
``(C) ordered to active duty (other than for training) in
support, as determined by the Secretary concerned, of an
operational mission for which personnel have been ordered to
active duty under section 673b of title 10;
``(D) ordered to active duty in support, as determined by
the Secretary concerned, of a critical mission or requirement
of the uniformed services; or
``(E) called into Federal service as a member of the
National Guard under chapter 15 of title 10 or under section
3500 or 8500 of title 10.
``(d)(1) An employer is not required to reemploy a person
under this chapter if--
``(A) the employer's circumstances have so changed as to
make such reemployment impossible or unreasonable; or
``(B) in the case of a person entitled to reemployment
under subsection (a)(3), (a)(4), or (b)(2)(B) of section 4313
of this title, such employment would impose an undue hardship
on the employer.
``(2) In any proceeding involving an issue of whether--
``(A) any reemployment referred to in paragraph (1) is
impossible or unreasonable because of a change in an
employer's circumstances, or
``(B) any accommodation, training, or effort referred to in
subsection (a)(3), (a)(4), or (b)(2)(B) of section 4313 of
this title would impose an undue hardship on the employer,
the employer shall have the burden of proving the
impossibility or unreasonableness or undue hardship.
``(e)(1) Subject to paragraph (2), a person referred to in
subsection (a) shall, upon the completion of a period of
service in the uniformed services, notify the employer
referred to in such subsection of the person's intent to
return to a position of employment with such employer as
follows:
``(A) In the case of a person whose period of service in
the uniformed services was less than 31 days, by reporting to
the employer--
``(i) not later than the beginning of the first full
regularly scheduled work period on the first full calendar
day following the completion of the period of service and the
expiration of eight hours after a period allowing for the
safe transportation of the person from the place of that
service to the person's residence; or
``(ii) as soon as possible after the expiration of the
eight-hour period referred to in clause (i), if reporting
within the period referred to in such clause is impossible or
unreasonable through no fault of the person.
``(B) In the case of a person who is absent from a position
of employment for a period of any length for the purposes of
an examination to determine the person's fitness to perform
service in the uniformed services, by reporting in the manner
and time referred to in subparagraph (A).
``(C) In the case of a person whose period of service in
the uniformed services was for more than 30 days but less
than 181 days, by submitting an application for reemployment
with the employer not later than 14 days after the completion
of the period of service.
``(D) In the case of a person whose period of service in
the uniformed services was for more than 180 days, by
submitting an application for reemployment with the employer
not later than 90 days after the completion of the period of
service.
``(2)(A) A person who is hospitalized for, or convalescing
from, an illness or injury incurred in, or aggravated by, the
performance of service in the uniformed services shall, at
the end of the period that is necessary for the person to
recover from such illness or injury, report to the person's
employer (in the case of a person described in subparagraph
(A) or (B) of paragraph (1)) or submit an application for
reemployment with such employer (in the case of a person
described in subparagraph (C) or (D) of such paragraph).
Except as provided in subparagraph (B), such period of
recovery may not exceed two years.
``(B) Such two-year period shall be extended by the minimum
time required to accommodate the circumstances beyond such
person's control which make reporting within the period
specified in subparagraph (A) impossible or unreasonable.
``(3) A person who fails to report for employment or
reemployment within the appropriate period specified in this
subsection shall not automatically forfeit such person's
entitlement to the rights and benefits referred to in
subsection (a) but shall be subject to the conduct rules,
established policy, and general practices of the employer
pertaining to explanations and discipline with respect to
absence from scheduled work.
``(f)(1) A person who submits an application for
reemployment in accordance with subparagraph (C) or (D) of
subsection (e)(1) or subsection (e)(2) shall provide to the
person's employer (upon the request of such employer)
documentation to establish that--
``(A) the person's application is timely;
``(B) the person has not exceeded the service limitations
set forth in subsection (a)(2) (except as permitted under
subsection (c)); and
``(C) the person's entitlement to the benefits under this
chapter has not been terminated pursuant to section 4304 of
this title.
``(2) Documentation of any matter referred to in paragraph
(1) that satisfies regulations prescribed by the Secretary
shall satisfy the documentation requirements in such
paragraph.
``(3)(A) Except as provided in subparagraph (B), the
failure of a person to provide documentation that satisfies
regulations prescribed pursuant to paragraph (2) shall not be
a basis for denying reemployment in accordance with the
provisions of this chapter if the failure occurs because such
documentation does not exist or is not readily available at
the time of the request of the employer. If, after such
reemployment, documentation becomes available that
establishes that such person does not meet one or more of the
requirements referred to in subparagraphs (A), (B), and (C)
of paragraph (1), the employer of such person may terminate
the employment of the person and the provision of any rights
or benefits afforded the person under this chapter.
``(B) An employer who reemploys a person absent from a
position of employment for more than 90 days may require that
the person provide the employer with the documentation
referred to in subparagraph (A) before beginning to treat the
person as not having incurred a break in service for pension
purposes under section 4317(a)(2)(A) of this title.
``(4) An employer may not delay or attempt to defeat a
reemployment obligation by demanding documentation that does
not then exist or is not then readily available.
``(g) The right of a person to reemployment under this
section shall not entitle such person to retention,
preference, or displacement rights over any person with a
superior claim under the provisions of title 5, United States
Code, relating to veterans and other preference eligibles.
``(h) In any determination of a person's entitlement to
protection under this chapter, the timing, frequency, and
duration of the person's training or service, or the nature
of such training or service (including voluntary service) in
the uniformed services, shall not be a basis for denying
protection of this chapter if the service does not exceed the
limitations set forth in subsection (c) and the notice
requirements established in subsection (a)(1) and the
notification requirements established in subsection (e) are
met.
``Sec. 4313. Reemployment positions
``(a) Subject to subsection (b) (in the case of any
employee) and section 4314 of this title (in the case of an
employee of the Federal Government), a person entitled to
reemployment under section 4312 of this title upon completion
of a period of service in the uniformed services shall be
promptly reemployed in a position of employment in accordance
with the following order of priority:
``(1) Except as provided in paragraphs (3) and (4), in the
case of a person whose period of service in the uniformed
services was for less than 31 days--
``(A) in the position of employment in which the person
would have been employed if the continuous employment of such
person with the employer had not been interrupted by such
service, the duties of which the person is qualified to
perform; or
``(B) if the person is not qualified to perform the duties
of the position referred to in subparagraph (A), after
reasonable efforts by the employer to qualify the person, in
the position of employment in which the person
[[Page 1885]]
was employed on the date of the commencement of the service
in the uniformed services.
``(2) Except as provided in paragraphs (3) and (4), in the
case of a person whose period of service in the uniformed
services was for more than 30 days--
``(A) in the position of employment in which the person
would have been employed if the continuous employment of such
person with the employer had not been interrupted by such
service, or a position of like seniority, status, and pay,
the duties of which the person is qualified to perform; or
``(B) if the person is not qualified to perform the duties
of a position referred to in subparagraph (A), after
reasonable efforts by the employer to qualify the person, in
the position of employment in which the person was employed
on the date of the commencement of the service in the
uniformed services, or a position of like seniority, status
and pay, the duties of which the person is qualified to
perform.
``(3) In the case of a person who has a disability incurred
in, or aggravated by, such service, and who (after reasonable
efforts by the employer to accommodate the disability) is not
qualified due to such disability to be employed in the
position of employment in which the person would have been
employed if the continuous employment of such person with the
employer had not been interrupted by such service--
``(A) in any other position which is equivalent in
seniority, status, and pay, the duties of which the person is
qualified to perform or would become qualified to perform
with reasonable efforts by the employer; or
``(B) if not employed under subparagraph (A), in a position
which is the nearest approximation to a position referred to
in subparagraph (A) in terms of seniority, status, and pay
consistent with circumstances of such person's case.
``(4) In the case of a person who (A) is not qualified to
be employed in (i) the position of employment in which the
person would have been employed if the continuous employment
of such person with the employer had not been interrupted by
such service, or (ii) in the position of employment in which
such person was employed on the date of the commencement of
the service in the uniform services for any reason (other
than disability incurred in, or aggravated by, service in the
uniformed services), and (B) cannot become qualified with
reasonable efforts by the employer, in any other position of
lesser status and pay which such person is qualified to
perform, with full seniority.
``(b)(1) If two or more persons are entitled to
reemployment under section 4312 of this title in the same
position of employment and more than one of them has reported
for such reemployment, the person who left the position first
shall have the prior right to reemployment in that position.
``(2) Any person entitled to reemployment under section
4312 of this title who is not reemployed in a position of
employment by reason of paragraph (1) shall be entitled to be
reemployed as follows:
``(A) Except as provided in subparagraph (B), in any other
position of employment referred to in subsection (a)(1) or
(a)(2), as the case may be (in the order of priority set out
in the applicable subsection), that provides a similar status
and pay to a position of employment referred to in paragraph
(1) of this subsection, consistent with circumstances of such
person's case, with full seniority.
``(B) In the case of a person who has a disability incurred
in, or aggravated by, service in the uniformed services that
requires reasonable efforts by the employer for the person to
be able to perform the duties of the position of employment,
in any position referred to in subsection (a)(3) (in the
order of priority set out in that subsection) that provides a
similar status and pay to a position referred to in paragraph
(1), consistent with circumstances of such person's case,
with full seniority.
``Sec. 4314. Reemployment by the Federal Government
``(a) Except as provided in subsections (b), (c), and (d),
if a person is entitled to reemployment by the Federal
Government under section 4312 of this title, such person
shall be reemployed in a position of employment as described
in section 4313 of this title.
``(b)(1) If the Director of the Office of Personnel
Management makes a determination described in paragraph (2)
with respect to a person who was employed by a Federal
executive agency at the time the person entered the service
from which the person seeks reemployment under this section,
the Director shall--
``(A) identify a position of like seniority, status, and
pay at another Federal executive agency that satisfies the
requirements of section 4313 of this title and for which the
person is qualified; and
``(B) ensure that the person is offered such position.
``(2) The Director shall carry out the duties referred to
in subparagraphs (A) and (B) of paragraph (1) if the Director
determines that--
``(A) the Federal executive agency that employed the person
referred to in such paragraph no longer exists and the
functions of such agency have not been transferred to another
Federal executive agency; or
``(B) it is impossible or unreasonable for the agency to
reemploy the person.
``(c) If the employer of a person described in subsection
(a) was, at the time such person entered the service from
which such person seeks reemployment under this section, a
part of the judicial branch or the legislative branch of the
Federal Government, and such employer determines that it is
impossible or unreasonable for such employer to reemploy such
person, such person shall, upon application to the Director
of the Office of Personnel Management, be ensured an offer of
employment in an alternative position in a Federal executive
agency on the basis described in subsection (b).
``(d) If the adjutant general of a State determines that it
is impossible or unreasonable to reemploy a person who was a
National Guard technician employed under section 709 of title
32, such person shall, upon application to the Director of
the Office of Personnel Management, be ensured an offer of
employment in an alternative position in a Federal executive
agency on the basis described in subsection (b).
``Sec. 4315. Reemployment by certain Federal agencies
``(a) The head of each agency referred to in section
2302(a)(2)(C)(ii) of title 5 shall prescribe procedures for
ensuring that the rights under this chapter apply to the
employees of such agency.
``(b) In prescribing procedures under subsection (a), the
head of an agency referred to in that subsection shall
ensure, to the maximum extent practicable, that the
procedures of the agency for reemploying persons who serve in
the uniformed services provide for the reemployment of such
persons in the agency in a manner similar to the manner of
reemployment described in section 4313 of this title.
``(c)(1) The regulations prescribed under subsection (a)
shall designate an official at the agency who shall determine
whether or not the reemployment of a person referred to in
subsection (b) by the agency is impossible or unreasonable.
``(2) Upon making a determination that the reemployment by
the agency of a person referred to in subsection (b) is
impossible or unreasonable, the official referred to in
paragraph (1) shall notify the person and the Director of the
Office of Personnel Management of such determination.
``(3) A determination pursuant to this subsection shall not
be subject to judicial review.
``(4) The head of each agency referred to in subsection (a)
shall submit to the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on Intelligence of
the House of Representatives on an annual basis a report on
the number of persons whose reemployment with the agency was
determined under this subsection to be impossible or
unreasonable during the year preceding the report, including
the reason for each such determination.
``(d)(1) Except as provided in this section, nothing in
this section, section 4313 of this title, or section 4324 of
this title shall be construed to exempt any agency referred
to in subsection (a) from compliance with any other
substantive provision of this chapter.
``(2) This section may not be construed--
``(A) as prohibiting an employee of an agency referred to
in subsection (a) from seeking information from the Secretary
regarding assistance in seeking reemployment from the agency
under this chapter, alternative employment in the Federal
Government under this chapter, or information relating to the
rights and obligations of employee and Federal agencies under
this chapter; or
``(B) as prohibiting such an agency from voluntarily
cooperating with or seeking assistance in or of clarification
from the Secretary or the Director of the Office of Personnel
Management of any matter arising under this chapter.
``(e) The Director of the Office of Personnel Management
shall ensure the offer of employment to a person in a
position in a Federal executive agency on the basis described
in subsection (b) if--
``(1) the person was an employee of an agency referred to
in section 2302(a)(2)(C)(ii) of title 5 at the time the
person entered the service from which the person seeks
reemployment under this section;
``(2) the appropriate officer of the agency determines
under section 4315(c) of this title that reemployment of the
person by the agency is impossible or unreasonable; and
``(3) the person submits an application to the Director for
an offer of employment under this subsection.
``Sec. 4316. Rights, benefits, and obligations of persons
absent from employment for service in a uniformed service
``(a) A person who is reemployed under this chapter after a
period of service in the uniformed services is entitled to
the seniority and other rights and benefits determined by
seniority that the person had on the date of the commencement
of such service plus the additional seniority and rights and
benefits that such person would have attained if the person
had remained continuously employed.
``(b)(1)(A) Subject to paragraphs (2) through (6), a person
who performs service in the uniformed services shall be--
``(i) deemed to be on furlough or leave of absence while
performing such service; and
``(ii) entitled to such other rights and benefits not
determined by seniority as are generally provided by the
employer of the person to employees having similar seniority,
status, and pay who are on furlough or leave of absence under
a practice, policy, agreement, or plan in effect at the
commencement of such service or established while such person
performs such service.
``(B) Such person may be required to pay the employee cost,
if any, of any funded benefit continued pursuant to
subparagraph (A)
[[Page 1886]]
to the extent other employees on furlough or leave of absence
are so required. In the case of a multiemployer plan, as
defined in section 3(37) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1002(37)), any liability of
the plan arising under this paragraph shall be allocated by
the plan in such manner as the sponsor maintaining the plan
may provide (or, if the sponsor does not so provide, shall be
allocated to the last employer employing the person before
the period served by the person in the uniformed services).
``(2) A person deemed to be on furlough or leave of absence
under this subsection while serving in the uniformed services
shall not be entitled under this subsection to any benefits
which the person would not otherwise be entitled if the
person were not on a furlough or leave of absence.
``(3) A person is not entitled under this subsection to
coverage under a health plan to the extent that the person is
entitled to care or treatment from the Federal Government as
a result of such person's service in the uniformed services.
``(4) A person is not entitled under this subsection to
coverage, under a disability insurance policy, of an injury
or disease incurred or aggravated during a period of active
duty service in excess of 31 days to the extent such coverage
is excluded or limited by a provision of such policy.
``(5) A person is not entitled under this subsection to
coverage, under a life insurance policy, of a death incurred
by the person as a result of the person's participation in,
or assignment to an area of, armed conflict to the extent
that such coverage is excluded or limited by a provision of
such policy.
``(6) The requirement that an employer provide rights or
benefits under paragraph (1) to a person deemed to be on
furlough or leave of absence shall expire on the earlier of--
``(A) the date of the end of the 18-month period that
begins on the date on which the person commences the
performance of the service referred to in paragraph (1); or
``(B) the date of the expiration of the person's obligation
with respect to such service to notify the person's employer
of the person's intent to return to a position of employment
under section 4312(e) of this title.
``(7) The entitlement of a person to a right or benefit
under an employee pension benefit plan is provided for under
section 4317 of this title.
``(c)(1)(A) Subject to paragraphs (2) and (3), if a
person's employer-sponsored health-plan coverage would
otherwise terminate due to an extended absence from
employment for purposes of performing service in the
uniformed services, the person may elect to continue health-
plan coverage acquired through civilian employment in
accordance with this paragraph so that such coverage
continues for not more than 18 months after such absence
begins.
``(B) A person who elects to continue health-plan coverage
under this paragraph may be required to pay not more than 102
percent of the full premium (determined in the same manner as
the applicable premium under section 4980B(f)(4) of the
Internal Revenue Code of 1986 (26 U.S.C. 4980B(f)(4)))
associated with such coverage for the employer's other
employees, except that in the case of a person who performs a
period of service in the uniformed services for less than 31
days, such person may not be required to pay more than the
employee share, if any, for such coverage.
``(C) In the case of a multiemployer plan, as defined in
section 3(37) of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1002(37)), any liability of the plan
arising under this paragraph shall be allocated by the plan
in such manner as the sponsor maintaining the plan may
provide (or, if the sponsor does not so provide, shall be
allocated to the last employer employing the person before
the period served by the person in the uniformed services).
``(2) A person who elects to continue health-plan coverage
under this subsection shall not be entitled to coverage under
the plan to the extent that the person is entitled to care or
treatment from the Federal Government as a result of such
person's service in the uniformed services.
``(3) The period of coverage of a person and the person's
dependents under a continuation of health-plan coverage
elected by the person under this subsection shall be the
lesser of--
``(A) the 18-month period beginning on the date on which
the absence referred to in paragraph (1) begins; or
``(B) the aggregate of the period of the person's service
in the uniformed services and the period in which the person
is required to notify the person's employer of the person's
intent to return to a position of employment under section
4312(e) of this title.
``(d)(1) Except as provided in paragraph (2), in the case
of a person whose coverage by an employer-sponsored health
plan as an employee is terminated by reason of the service of
such person in the uniformed services, an exclusion or
waiting period may not be imposed in connection with the
reinstatement of the coverage of the person upon reemployment
under this chapter, or in connection with any other
individual who is covered by the health plan by reason of the
reinstatement of the coverage of such person upon
reemployment, if an exclusion or waiting period would not
have been imposed under such health plan had coverage of such
person by such health plan not been terminated as a result of
such service.
``(2) Paragraph (1) shall not apply to the condition of a
person if the Secretary determines that the condition was
incurred or aggravated during active military, naval, or air
service.
``(e) A person who is reemployed by an employer under this
chapter shall not be discharged from such employment, except
for cause--
``(1) within one year after the date of such reemployment,
if the person's period of service before the reemployment was
more than 180 days; or
``(2) within 180 days after the date of such reemployment,
if the person's period of service before the reemployment was
more than 30 days but less than 181 days.
``(f)(1) Any person described in paragraph (2) whose
employment with an employer referred to in that paragraph is
interrupted by a period of service in the uniformed services
shall be permitted, upon request of that person, to use
during such period of service any vacation or annual leave
with pay accrued by the person before the commencement of
such service.
``(2) A person entitled to the benefit described in
paragraph (1) is a person who--
``(A) has accrued vacation or annual leave with pay under a
policy or practice of a State (as an employer) or private
employer; or
``(B) has accrued such leave as an employee of the Federal
Government pursuant to subchapter I of chapter 63 of title 5.
``Sec. 4317. Employee pension benefit plans
``(a)(1)(A) Except as provided in subparagraph (B), in the
case of a right provided pursuant to an employee pension
benefit plan described in section 3(2) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1002(2)) or
a right provided under any Federal or State law governing
pension benefits for governmental employees, the right to
pension benefits of a person reemployed under this chapter
shall be determined under this section.
``(B) In the case of benefits under the Thrift Savings
Plan, the rights of a person reemployed under this chapter
shall be those rights provided in section 8432b of title 5.
This subparagraph shall not be construed to affect any other
right or benefit under this chapter.
``(2)(A) Except as provided in section 4312(f)(3)(B) of
this title, a person reemployed under this chapter shall be
treated as not having incurred a break in service with the
employer or employers maintaining the plan by reason of such
person's period or periods of service in the uniformed
services.
``(B) Each period served by a person in the uniformed
services shall, upon reemployment under this chapter, be
deemed to constitute service with the employer or employers
maintaining the plan for purpose of determining the
nonforfeitability of the person's accrued benefits and for
the purpose of determining the accrual of benefits under the
plan.
``(b)(1) An employer reemploying a person under this
chapter shall be liable to an employee benefit pension plan
for funding any obligation of the plan to provide the
benefits described in subsection (a)(2). For purposes of
determining the amount of such liability and for purposes of
section 515 of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1145) or any similar Federal or State law
governing pension benefits for governmental employees,
service in the uniformed services that is deemed under
subsection (a) to be service with the employer shall be
deemed to be service with the employer under the terms of the
plan or any applicable collective bargaining agreement. In
the case of a multiemployer plan, as defined in section 3(37)
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1002(37)), any liability of the plan described in this
paragraph shall be allocated by the plan in such manner as
the sponsor maintaining the plan may provide (or, if the
sponsor does not so provide, shall be allocated to the last
employer employing the person before the period described in
subsection (a)(2)(B)).
``(2) A person reemployed under this chapter shall be
entitled to accrued benefits pursuant to subsection (a) that
are contingent on the making of, or derived from, employee
contributions or elective deferrals only to the extent the
person elects to make employee contributions or elective
deferrals that are attributable to the period of service
described in subsection (a)(2)(B). No such contributions or
deferrals may exceed the amount the person or employer would
have been permitted or required to make had the person
remained continuously employed by the employer throughout the
period of service described in subsection (a)(2)(B). Any
employee contribution or deferral to the plan described in
this paragraph shall be made during any reasonable continuous
period (beginning with the date of reemployment) as the
employer and the person may agree but in no event shall such
person be afforded a payment period shorter than the length
of absence for service for which the payments are due.
``(3) For purposes of computing an employer's liability
under paragraph (1) or the employee's contributions under
paragraph (2), the employee's compensation during the period
of service described in subsection (a)(2)(B)--
``(A) shall be computed at the rate the employee would have
received but for the absence during the period of service; or
``(B) if the employee's compensation was not based on a
fixed rate, shall be computed on the basis of the employee's
average rate
[[Page 1887]]
of compensation during the 12-month period immediately
preceding such period (or, if shorter, the period of
employment immediately preceding such period).
``(4) Notwithstanding any other provision of this section--
``(A) no earnings shall be credited to an employee with
respect to any contribution prior to such contribution being
made; and
``(B) any forfeitures during the period described in
subsection (a)(2)(B) shall not be allocated to persons
reemployed under this chapter.
``(c) Any employer who reemploys a person under this
chapter and who is an employer contributing to a
multiemployer plan, as defined in section 3(37) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002(37)), under which benefits are or may be payable to such
person by reason of the obligations set forth in this
chapter, shall, within 30 days after the date of such
reemployment, provide notice of such reemployment to the
administrator of such plan.
``(d) No provision of this section shall apply to the
extent it--
``(1) requires any action to be taken which would cause the
plan, any of its participants, or employer to suffer adverse
tax or other consequences under the Internal Revenue Code of
1986; or
``(2) requires contributions to be returned or reallocated,
or additional contributions to be made, with respect to
employees not reemployed under this chapter.
``SUBCHAPTER III--PROCEDURES FOR ASSISTANCE, ENFORCEMENT, AND
INVESTIGATION
``Sec. 4321. Assistance in obtaining reemployment or other
employment rights or benefits
``(a) The Secretary (through the Veterans' Employment and
Training Service) shall provide assistance to any person with
respect to the employment and reemployment rights and
benefits to which such person is entitled under this chapter.
In providing such assistance, the Secretary may request the
assistance of existing Federal and State agencies engaged in
similar or related activities and utilize the assistance of
volunteers.
``(b)(1)(A) A person referred to in subparagraph (B) may
submit a complaint to the Secretary with respect to the
matters described in clause (ii) of such subparagraph. Such
complaint shall be submitted in accordance with subsection
(c).
``(B) A person may submit a complaint under subparagraph
(A) if the person claims--
``(i) to be entitled under this chapter to employment or
reemployment rights or benefits with respect to employment by
an employer; and
``(ii) that the employer (including the Office of Personnel
Management, if the employer is the Federal Government) has
failed or refused, or is about to fail or refuse, to comply
with the provisions of this chapter.
``(2) The Secretary shall, upon request, provide technical
assistance to a potential claimant with respect to a
complaint under this subsection, and to such claimant's
employer.
``(c) A complaint submitted under subsection (b) shall be
in a form prescribed by the Secretary and shall include--
``(1) the name and address of the employer or potential
employer against whom the complaint is directed; and
``(2) a summary of the allegations upon which the complaint
is based.
``(d) The Secretary shall investigate each complaint
submitted pursuant to subsection (b). If the Secretary
determines as a result of the investigation that the action
alleged in such complaint occurred, the Secretary shall
resolve the complaint by making reasonable efforts to ensure
that the person or entity named in the complaint complies
with the provisions of this chapter.
``(e) If the efforts of the Secretary with respect to a
complaint under subsection (d) are unsuccessful, the
Secretary shall notify the person who submitted the complaint
of--
``(1) the results of the Secretary's investigation; and
``(2) the complainant's entitlement to proceed under the
enforcement of rights provisions provided under section 4322
of this title (in the case of a person submitting a complaint
against a State or private employer) or section 4323 of this
title (in the case of a person submitting a complaint against
the Federal Government).
``(f) This subchapter does not apply to any action relating
to benefits to be provided under the Thrift Savings Plan
under title 5.
``Sec. 4322. Enforcement of rights with respect to a State or
private employer
``(a)(1) A person who receives from the Secretary a
notification pursuant to section 4321(e) of this title of an
unsuccessful effort to resolve a complaint relating to a
State (as an employer) or a private employer may request that
the Secretary refer the complaint to the Attorney General. If
the Attorney General is reasonably satisfied that the person
on whose behalf the complaint is referred is entitled to the
rights or benefits sought, the Attorney General may appear on
behalf of, and act as attorney for, the person on whose
behalf the complaint is submitted and commence an action for
appropriate relief for such person in an appropriate United
States district court.
``(2)(A) A person referred to in subparagraph (B) may
commence an action for appropriate relief in an appropriate
United States district court.
``(B) A person entitled to commence an action for relief
with respect to a complaint under subparagraph (A) is a
person who--
``(i) has chosen not to apply to the Secretary for
assistance regarding the complaint under section 4321(c) of
this title;
``(ii) has chosen not to request that the Secretary refer
the complaint to the Attorney General under paragraph (1); or
``(iii) has been refused representation by the Attorney
General with respect to the complaint under such paragraph.
``(b) In the case of an action against a State as an
employer, the appropriate district court is the court for any
district in which the State exercises any authority or
carries out any function. In the case of a private employer
the appropriate district court is the district court for any
district in which the private employer of the person
maintains a place of business.
``(c)(1)(A) The district courts of the United States shall
have jurisdiction, upon the filing of a complaint, motion,
petition, or other appropriate pleading by or on behalf of
the person entitled to a right or benefit under this
chapter--
``(i) to require the employer to comply with the provisions
of this chapter;
``(ii) to require the State or private employer, as the
case may be, to compensate the person for any loss of wages
or benefits suffered by reason of such employer's failure to
comply with the provisions of this chapter; and
``(iii) to require the employer to pay the person an amount
equal to the amount referred to in clause (ii) as liquidated
damages, if the court determines that the employer's failure
to comply with the provisions of this chapter was willful.
``(B) Any compensation under clauses (ii) and (iii) of
subparagraph (A) shall be in addition to, and shall not
diminish, any of the other rights and benefits provided for
in this chapter.
``(2)(A) No fees or court costs shall be charged or taxed
against any person claiming rights under this chapter.
``(B) In any action or proceeding to enforce a provision of
this chapter by a person under subsection (a)(2) who obtained
private counsel for such action or proceeding, the court may
award any such person who prevails in such action or
proceeding reasonable attorney fees, expert witness fees, and
other litigation expenses.
``(3) The court may use its full equity powers, including
temporary or permanent injunctions and temporary restraining
orders, to vindicate fully the rights or benefits of persons
under this chapter.
``(4) An action under this chapter may be initiated only by
a person claiming rights or benefits under this chapter, and
not by an employer, prospective employer, or other entity
with obligations under this chapter.
``(5) In any such action, only a State and local government
(as an employer), an employer, or a potential employer, as
the case may be, shall be a necessary party respondent.
``(6) No State statute of limitations shall apply to any
proceeding under this chapter.
``(7) A State shall be subject to the same remedies,
including prejudgment interest, as may be imposed upon any
private employer under this section.
``Sec. 4323. Enforcement of rights with respect to Federal
executive agencies
``(a)(1) A person who receives from the Secretary a
notification pursuant to section 4321(e) of this title of an
unsuccessful effort to resolve a complaint relating to a
Federal executive agency may request that the Secretary refer
the complaint for litigation before the Merit Systems
Protection Board. The Secretary shall refer the complaint to
the Office of Special Counsel established by section 1211 of
title 5.
``(2)(A) If the Special Counsel is reasonably satisfied
that the person on whose behalf a complaint is referred under
paragraph (1) is entitled to the rights or benefits sought,
the Special Counsel (upon the request of the person
submitting the complaint) may appear on behalf of, and act as
attorney for, the person and initiate an action regarding
such complaint before the Merit Systems Protection Board.
``(B) If the Special Counsel decides not to initiate an
action and represent a person before the Merit Systems
Protection Board under subparagraph (A), the Special Counsel
shall notify such person of that decision.
``(b)(1) A person referred to in paragraph (2) may submit a
complaint against a Federal executive agency under this
subchapter directly to the Merit Systems Protection Board. A
person who seeks a hearing or adjudication by submitting such
a complaint under this paragraph may be represented at such
hearing or adjudication in accordance with the rules of the
Board.
``(2) A person entitled to submit a complaint to the Merit
Systems Protection Board under paragraph (1) is a person
who--
``(A) has chosen not to apply to the Secretary for
assistance regarding a complaint under section 4321(c) of
this title;
``(B) has received a notification from the Secretary under
section 4321(e) of this title;
``(C) has chosen not to be represented before the Board by
the Special Counsel pursuant to subsection (a)(2)(A); or
``(D) has received a notification of a decision from the
Special Counsel under subsection (a)(2)(B).
``(c)(1) The Merit Systems Protection Board shall
adjudicate any complaint brought before the Board pursuant to
subsection (a)(2)(A) or (b)(1).
``(2) If the Board determines that a Federal executive
agency has not complied with the
[[Page 1888]]
provisions of this chapter relating to the employment or
reemployment of a person by the agency, the Board shall enter
an order requiring the agency or employee to comply with such
provisions and to compensate such person for any loss of
wages or benefits suffered by such person by reason of such
lack of compliance.
``(3) Any compensation received by a person pursuant to an
order under paragraph (1) shall be in addition to any other
right or benefit provided for by this chapter and shall not
diminish any such right or benefit.
``(4) If the Board determines as a result of a hearing or
adjudication conducted pursuant a complaint submitted by a
person directly to the Board pursuant to subsection (b)(1)
that such person is entitled to an order referred to in
paragraph (2), the Board may, in its discretion, award such
person reasonable attorney fees, expert witness fees, and
other litigation expenses.
``(d) A person adversely affected or aggrieved by a final
order or decision of the Merit Systems Protection Board under
subsection (c) may petition the United States Court of
Appeals for the Federal Circuit to review the final order or
decision. Such petition and review shall be in accordance
with the procedures set forth in section 7703 of title 5.
``(e) A person may be represented by the Special Counsel in
an action for review of a final order or decision issued by
the Merit Systems Protection Board pursuant to subsection (c)
that is brought pursuant to section 7703 of title 5 unless
the person was not represented by the Special Counsel before
the Merit Systems Protection Board regarding such order or
decision.
``Sec. 4324. Enforcement of rights with respect to certain
Federal agencies
``(a) This section applies to any person who alleges that--
``(1) the reemployment of such person by an agency referred
to in subsection (a) of section 4315 of this title was not in
accordance with procedures for the reemployment of such
person under subsection (b) of such section; or
``(2) the failure of such agency to reemploy the person
under such section was otherwise wrongful.
``(b) Any person referred to in subsection (a) may submit a
claim relating to an allegation referred to in that
subsection to the inspector general of the agency which is
the subject of the allegation. The inspector general shall
investigate and resolve the allegation pursuant to procedures
prescribed by the head of the agency.
``(c) In prescribing procedures for the investigation and
resolution of allegations under subsection (b), the head of
an agency shall ensure, to the maximum extent practicable,
that the procedures are similar to the procedures for
investigating and resolving complaints utilized by the
Secretary under section 4321(d) of this title.
``(d) This section may not be construed--
``(1) as prohibiting an employee of an agency referred to
in subsection (a) from seeking information from the Secretary
regarding assistance in seeking reemployment from the agency
under this chapter, alternative employment in the Federal
Government under this chapter, or information relating to the
rights and obligations of employee and Federal agencies under
this chapter; or
``(2) as prohibiting such an agency from voluntarily
cooperating with or seeking assistance in or of clarification
from the Secretary or the Director of the Office of Personnel
Management of any matter arising under this chapter.
``Sec. 4325. Conduct of investigation; subpoenas
``(a) In carrying out any investigation under this chapter,
the Secretary's duly authorized representatives shall, at all
reasonable times, have reasonable access to, for purposes of
examination, and the right to copy and receive, any documents
of any person or employer that the Secretary considers
relevant to the investigation.
``(b) In carrying out any investigation under this chapter,
the Secretary may require by subpoena the attendance and
testimony of witnesses and the production of documents
relating to any matter under investigation. In case of
disobedience of the subpoena or contumacy and on request of
the Secretary, the Attorney General may apply to any district
court of the United States in whose jurisdiction such
disobedience or contumacy occurs for an order enforcing the
subpoena.
``(c) Upon application, the district courts of the United
States shall have jurisdiction to issue writs commanding any
person or employer to comply with the subpoena of the
Secretary or to comply with any order of the Secretary made
pursuant to a lawful investigation under this chapter and
district courts shall have jurisdiction to punish failure to
obey a subpoena or other lawful order of the Secretary as a
contempt of court.
``(d) Subsections (b) and (c) shall not apply to the
legislative branch or the judicial branch of the United
States.
``SUBCHAPTER IV--MISCELLANEOUS
``Sec. 4331. Regulations
``(a) The Secretary (in consultation with the Secretary of
Defense) may prescribe regulations implementing the
provisions of this chapter with respect to States and local
governments (as employers) and private employers.
``(b)(1) The Director of the Office of Personnel Management
(in consultation with the Secretary and the Secretary of
Defense) may prescribe regulations implementing the
provisions of this chapter with regard to the application of
this chapter to Federal executive agencies (other than the
agencies referred to in paragraph (2)) as employers. Such
regulations shall be consistent with the regulations
pertaining to the States as employers and private employers.
``(2) The following entities may prescribe regulations to
carry out the activities of such entities under this chapter:
``(A) The Merit Systems Protection Board.
``(B) The Office of Special Counsel.
``(C) The agencies referred to in section 2303(a)(2)(C)(ii)
of title 5.
``Sec. 4332. Outreach
``The Secretary, the Secretary of Defense, and the
Secretary of Veterans Affairs shall take such actions as such
Secretaries determine are appropriate to inform persons
entitled to rights and benefits under this chapter and
employers of the rights, benefits, and obligations of such
persons and employers under this chapter.''.
(b) Table of Chapters.--The tables of chapters at the
beginning of title 38, United States Code, and the beginning
of part III of such title are each amended by striking out
the item relating to chapter 43 and inserting in lieu thereof
the following:
``43. Employment and reemployment rights of members of the uniformed
services......................................................4301''.
(c) Report Relating to Implementation of Reemployment
Rights Provisions.--Not later than one year after the date of
the enactment of this Act, the Secretary of Labor, the
Attorney General of the United States, and the Special
Counsel referred to in section 4323(a)(1) of title 38, United
States Code (as added by subsection (a)), shall each submit a
report to the Congress relating to the implementation of
chapter 43 of such title (as added by such subsection).
SEC. 3. EXEMPTION FROM MINIMUM SERVICE REQUIREMENTS.
Section 5303A(b)(3) of title 38, United States Code, is
amended--
(1) by striking out ``or'' at the end of subparagraph (E);
(2) by striking out the period at the end of subparagraph
(F) and inserting in lieu thereof ``; or''; and
(3) by adding at the end thereof the following new
subparagraph:
``(G) to an entitlement to rights and benefits under
chapter 43 of this title.''.
SEC. 4. REPEAL OF TITLE 5 PROVISIONS RELATING TO REEMPLOYMENT
RIGHTS OF RESERVISTS.
(a) Repeal.--Subchapter II of chapter 35 of title 5, United
States Code, is repealed.
(b) Conforming Amendment.--The table of sections at the
beginning of such chapter is amended by striking out the
items relating to subchapter II and section 3551.
SEC. 5. REVISION OF FEDERAL CIVIL SERVICE RETIREMENT BENEFIT
PROGRAM FOR RESERVISTS.
(a) Creditable Military Service Under CSRS.--Section
8331(13) of title 5, United States Code, is amended in the
flush matter by inserting ``or full-time National Guard duty
(as such term is defined in section 101(d) of title 10) if
such service interrupts creditable civilian service under
this subchapter and is followed by reemployment in accordance
with chapter 43 of title 38 that occurs on or after August 1,
1990'' before the semicolon.
(b) Pay Deductions for Military Service Under CSRS.--
Section 8334(j)(1) of such title is amended--
(1) by striking out ``Each employee'' and inserting in lieu
thereof ``(A) Except as provided in subparagraph (B), each
employee''; and
(2) by adding at the end the following:
``(B) In any case where military service interrupts
creditable civilian service under this subchapter and
reemployment pursuant to chapter 43 of title 38 occurs on or
after August 1, 1990, the deposit payable under this
paragraph may not exceed the amount that would have been
deducted and withheld under subsection (a)(1) from basic pay
during civilian service if the employee had not performed the
period of military service.''.
(c) Creditable Military Service Under FERS.--Section
8401(31) of such title is amended in the flush matter by
inserting ``or full-time National Guard duty (as such term is
defined in section 101(d) of title 10) if such service
interrupts creditable civilian service under this subchapter
and is followed by reemployment in accordance with chapter 43
of title 38 that occurs on or after August 1, 1990'' before
the semicolon.
(d) Pay Deductions for Military Service Under FERS.--
Section 8422(e)(1) of such title is amended--
(1) by striking out ``Each employee'' and inserting in lieu
thereof ``(A) Except as provided in subparagraph (B), each
employee''; and
(2) by adding at the end the following:
``(B) In any case where military service interrupts
creditable civilian service under this subchapter and
reemployment pursuant to chapter 43 of title 38 occurs on or
after August 1, 1990, the deposit payable under this
paragraph may not exceed the amount that would have been
deducted and withheld under subsection (a)(1) from basic pay
during civilian service if the employee had not performed the
period of military service.''.
(e) Technical Amendments.--Title 5, United States Code, is
amended as follows:
(1) In section 8401(11), by striking out ``1954'' in the
flush matter above clause (i) and inserting in lieu thereof
``1986''.
(2) In section 8422(a)(2)(A)(ii), by striking out ``1954''
and inserting in lieu thereof ``1986''.
[[Page 1889]]
(3) In section 8432(d), by striking out ``1954'' in the
first sentence and inserting in lieu thereof ``1986''.
(4) In section 8433(i)(4), by striking out ``1954'' and
inserting in lieu thereof ``1986''.
(5) In section 8440--
(A) by striking out ``1954'' in subsection (a) and
inserting in lieu thereof ``1986''; and
(B) by striking out ``1954'' in subsection (c) and
inserting in lieu thereof ``1986''.
SEC. 6. THRIFT SAVINGS PLAN.
(a) In General.--(1) Title 5, United States Code, is
amended by inserting after section 8432a the following:
``Sec. 8432b. Contributions of persons who perform military
service
``(a) This section applies to any employee who--
``(1) separates or enters leave-without-pay status in order
to perform military service; and
``(2) is subsequently restored to or reemployed in a
position which is subject to this chapter, pursuant to
chapter 43 of title 38.
``(b)(1) Each employee to whom this section applies may
contribute to the Thrift Savings Fund, in accordance with
this subsection, an amount not to exceed the amount described
in paragraph (2).
``(2) The maximum amount which an employee may contribute
under this subsection is equal to--
``(A) the contributions under section 8432(a) which would
have been made, over the period beginning on date of
separation or commencement of leave-without-pay status (as
applicable) and ending on the day before the date of
restoration or reemployment (as applicable); reduced by
``(B) any contributions under section 8432(a) actually made
by such employee over the period described in subparagraph
(A).
``(3) Contributions under this subsection--
``(A) shall be made at the same time and in the same manner
as would any contributions under section 8432(a);
``(B) shall be made over the period of time specified by
the employee under paragraph (4)(B); and
``(C) shall be in addition to any contributions then
actually being made under section 8432(a).
``(4)(A) The Executive Director shall prescribe the time,
form, and manner in which an employee may specify--
``(i) the total amount such employee wishes to contribute
under this subsection with respect to any particular period
referred to in paragraph (2)(B); and
``(ii) the period of time over which the employee wishes to
make contributions under this subsection.
``(B) The employing agency may place a maximum limit on the
period of time referred to in subparagraph (A)(ii), which
cannot be shorter than two times the period referred to in
paragraph (2)(B) and not longer than four times such period.
``(c) If an employee makes contributions under subsection
(b), the employing agency shall make contributions to the
Thrift Savings Fund on such employee's behalf--
``(1) in the same manner as would be required under section
8432(c)(2) if the employee contributions were being made
under section 8432(a); and
``(2) disregarding any contributions then actually being
made under section 8432(a) and any agency contributions
relating thereto.
``(d) An employee to whom this section applies is entitled
to have contributed to the Thrift Savings Fund on such
employee's behalf an amount equal to--
``(1) 1 percent of such employee's basic pay (as determined
under subsection (e)) for the period referred to in
subsection (b)(2)(B); reduced by
``(2) any contributions actually made on such employee's
behalf under section 8432(c)(1) with respect to the period
referred to in subsection (b)(2)(B).
``(e) For purposes of any computation under this section,
an employee shall, with respect to the period referred to in
subsection (b)(2)(B), be considered to have been paid at the
rate which would have been payable over such period had such
employee remained continuously employed in the position which
such employee last held before separating or entering leave-
without-pay status to perform military service.
``(f) Amounts paid under subsection (c) or (d) shall be
paid--
``(1) by the agency to which the employee is restored or in
which such employee is reemployed;
``(2) from the same source as would be the case under
section 8432(e) with respect to sums required under section
8432(c); and
``(3) within the time prescribed by the Executive Director.
``(g)(1) For purposes of section 8432(g), in the case of an
employee to whom this section applies--
``(A) a separation from civilian service in order to
perform the military service on which the employee's
restoration or reemployment rights are based shall be
disregarded; and
``(B) such employee shall be credited with a period of
civilian service equal to the period referred to in
subsection (b)(2)(B).
``(2)(A) An employee to whom this section applies may
elect, for purposes of section 8433(d), or paragraph (1) or
(2) of section 8433(h), as the case may be, to have such
employee's separation (described in subsection (a)(1))
treated as if it had never occurred.
``(B) An election under this paragraph shall be made within
such period of time after restoration or reemployment (as the
case may be) and otherwise in such manner as the Executive
Director prescribes.
``(h) The Executive Director shall prescribe regulations to
carry out this section.''.
(2) The table of sections at the beginning of chapter 84 of
title 5, United States Code, is amended by inserting after
the item relating to section 8432a the following:
``8432b. Contributions of persons who perform military service.''.
(b) Preservation of Certain Rights.--(1) Section 8433(d) of
title 5, United States Code, is amended by striking
``subsection (e).'' and inserting ``subsection (e), unless an
election under section 8432b(g)(2) is made to treat such
separation for purposes of this subsection as if it had never
occurred.''.
(2) Paragraphs (1) and (2) of section 8433(h) are each
amended by striking the period at the end and inserting ``,
or unless an election under section 8432b(g)(2) is made to
treat such separation for purposes of this paragraph as if it
had never occurred.''.
(c) Election To Resume Regular Contributions Upon
Restoration or Reemployment.--Section 8432 of title 5, United
States Code, is amended by adding at the end the following:
``(i)(1) This subsection applies to any employee--
``(A) to whom section 8432b applies; and
``(B) who, during the period of such employee's absence
from civilian service (as referred to in section
8432b(b)(2)(B))--
``(i) is eligible to make an election described in
subsection (b)(1); or
``(ii) would be so eligible but for having either elected
to terminate individual contributions to the Thrift Savings
Fund within 2 months before commencing military service or
separated in order to perform military service.
``(2) The Executive Director shall prescribe regulations to
ensure that any employee to whom this subsection applies
shall, within a reasonable time after being restored or
reemployed (in the manner described in section 8432b(a)(2)),
be afforded the opportunity to make, for purposes of this
section, any election which would be allowable during a
period described in subsection (b)(1)(A).''.
(d) Applicability to Employees Under CSRS.--Section 8351(b)
of title 5, United States Code, is amended by adding at the
end the following:
``(11) In applying section 8432b to an employee
contributing to the Thrift Savings Fund after being restored
to or reemployed in a position subject to this subchapter,
pursuant to chapter 43 of title 38--
``(A) any reference in such section to contributions under
section 8432(a) shall be considered a reference to employee
contributions under this section;
``(B) the contribution rate under section 8432b(b)(2)(A)
shall be the maximum percentage allowable under subsection
(b)(2) of this section; and
``(C) subsections (c) and (d) of section 8432b shall be
disregarded.''.
(e) Effective Date; Applicability.--This section and the
amendments made by this section--
(1) shall take effect on the date of enactment of this Act;
and
(2) shall apply to any employee whose release from military
service, discharge from hospitalization, or other similar
event making the individual eligible to seek restoration or
reemployment under chapter 43 of title 38, United States Code
(as added by section 2(a)), occurs on or after August 1,
1990.
(f) Rules for Applying Amendments to Employees Restored or
Reemployed Before Effective Date.--In the case of any
employee (described in subsection (e)(2)) who is restored or
reemployed in a position of employment (in the circumstances
described in section 8432b(a) of title 5, United States Code,
as amended by this section) before the date of enactment of
this Act, the amendments made by this section shall apply to
such employee, in accordance with their terms, subject to the
following:
(1) The employee shall be deemed not to have been
reemployed or restored until--
(A) the date of enactment of this Act, or
(B) the first day following such employee's reemployment or
restoration on which such employee is or was eligible to make
an election relating to contributions to the Thrift Savings
Fund,
whichever occurs or occurred first.
(2) If the employee changed agencies during the period
between date of actual reemployment or restoration and the
date of enactment of this Act, the employing agency as of
such date of enactment shall be considered the reemploying or
restoring agency.
(3)(A) For purposes of any computation under section 8432b
of such title, pay shall be determined in accordance with
subsection (e) of such section, except that, with respect to
the period described in subparagraph (B), actual pay
attributable to such period shall be used.
(B) The period described in this subparagraph is the period
beginning on the first day of the first applicable pay period
beginning on or after the date of the employee's actual
reemployment or restoration and ending on the day before the
date determined under paragraph (1).
SEC. 7. CONFORMING AMENDMENTS.
(a) Title 5.--Section 1204(a)(1) of title 5, United States
Code, is amended by striking out ``section 4323'' and
inserting in lieu thereof ``chapter 43''.
(b) Title 10.--Section 706(c)(1) of title 10, United States
Code, is amended by striking out ``section 4321'' and
inserting in lieu thereof ``chapter 43''.
[[Page 1890]]
SEC. 8. TECHNICAL AMENDMENT.
(a) Technical Amendment.--Section 9(d) of Public Law 102-16
(105 Stat. 55) is amended by striking out ``Act'' the first
place it appears and inserting in lieu thereof ``section''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as if included in Public Law 102-16 to
which such amendment relates.
SEC. 9. TRANSITION RULES AND EFFECTIVE DATES.
(a) Reemployment.--(1) Except as otherwise provided in this
Act, the amendments made by this Act shall be effective with
respect to reemployments initiated on or after the first day
after the 60-day period beginning on the date of enactment of
this Act.
(2) The provisions of chapter 43 of title 38, United States
Code, in effect on the day before such date of enactment,
shall continue to apply to reemployments initiated before the
end of such 60-day period.
(3) In determining the number of years of service that may
not be exceeded in an employee-employer relationship with
respect to which a person seeks reemployment under chapter 43
of title 38, United States Code, as in effect before or after
the date of enactment of this Act, there shall be included
all years of service without regard to whether the periods of
service occurred before or after such date of enactment
unless the period of service is exempted by the chapter 43
that is applicable, as provided in paragraphs (1) and (2), to
the reemployment concerned.
(4) A person who initiates reemployment under chapter 43 of
title 38, United States Code, during or after the 60-day
period beginning on the date of enactment of this Act and
whose reemployment is made in connection with a period of
service in the uniform services that was initiated before the
end of such period shall be deemed to have satisfied the
notification requirement of section 4312(a)(1) of title 38,
United States Code, as provided in the amendments made by
this Act, if the person complied with any applicable notice
requirement under chapter 43, United States Code, as in
effect on the day before the date of enactment of this Act.
(b) Discrimination.--The provisions of section 4311 of
title 38, United States Code, as provided in the amendments
made by this Act, and the provisions of subchapter III of
chapter 43 of such title, as provided in the amendments made
by this Act, that are necessary for the implementation of
such section 4311 shall become effective on the date of
enactment of this Act.
(c) Insurance.--(1) Except as provided in paragraph (2),
the provisions of section 4316(c) of title 38, United States
Code, as provided in the amendments made by this Act,
concerning insurance coverage shall become effective on the
date of enactment of this Act.
(2) A person on active duty on the date of enactment of
this Act, or a family member or personal representative of
such person, may, after the date of enactment of this Act,
elect to reinstate or continue insurance coverage as provided
in such section 4316. If such an election is made, insurance
coverage shall remain in effect for the remaining portion of
the 18-month period that began on the date of such person's
separation from civilian employment or the period of the
person's service in the uniformed service, whichever is the
period of lesser duration.
(d) Disability.--(1) Section 4313(a)(3) of chapter 43 of
title 38, United States Code, as provided in the amendments
made by this Act, shall apply to reemployments initiated on
or after August 1, 1990.
(2) Effective as of August 1, 1990, section 4307 of title
38, United States Code (as in effect on the date of enactment
of this Act), is repealed, and the table of sections at the
beginning of chapter 43 of such title (as in effect on the
date of enactment of this Act) is amended by striking out the
item relating to section 4307.
(e) Investigations and Subpoenas.--The provisions of
section 4325 of title 38, United States Code, as provided in
the amendments made by this Act, shall become effective on
the date of the enactment of this Act and apply to any matter
pending with the Secretary of Labor under section 4305 of
title 38, United States Code, as of that date.
(f) Previous Actions.--Except as otherwise provided, the
amendments made by this Act do not affect reemployments that
were initiated, rights, benefits, and duties that matured,
penalties that were incurred, and proceedings that begin
before the end of the 60-day period referred to in subsection
(a).
(g) Definition.--For the purposes of this section, the term
``service in the uniformed services'' shall have the meaning
given such term in section 4303(13) of title 38, United
States Code, as provided in the amendments made by this Act.
SEC. 10. INCREASE IN AMOUNT OF LOAN GUARANTY FOR LOANS FOR
THE PURCHASE OR CONSTRUCTION OF HOMES.
Subparagraphs (A)(i)(IV) and (B) of section 3703(a)(1) of
title 38, United States Code, are each amended by striking
out ``$46,000'' and inserting in lieu thereof ``$50,750''.
On motion of Mr. MONTGOMERY, said Senate amendment was agreed to with
the following amendment:
In lieu of the matter proposed to be inserted by the
amendment of the Senate to the text of the bill, insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Uniformed Services
Employment and Reemployment Rights Act of 1994''.
SEC. 2. REVISION OF CHAPTER 43 OF TITLE 38.
(a) Restatement and Improvement of Employment and
Reemployment Rights.--Chapter 43 of title 38, United States
Code, is amended to read as follows:
``CHAPTER 43--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE
UNIFORMED SERVICES
``SUBCHAPTER I--GENERAL
``4301. Purposes; sense of Congress.
``4302. Relation to other law and plans or agreements.
``4303. Definitions.
``4304. Character of service.
``SUBCHAPTER II--EMPLOYMENT AND REEMPLOYMENT RIGHTS AND LIMITATIONS;
PROHIBITIONS
``4311. Discrimination against persons who serve in the uniformed
services and acts of reprisal prohibited.
``4312. Reemployment rights of persons who serve in the uniformed
services.
``4313. Reemployment positions.
``4314. Reemployment by the Federal Government.
``4315. Reemployment by certain Federal agencies.
``4316. Rights, benefits, and obligations of persons absent from
employment for service in a uniformed service.
``4317. Health plans.
``4318. Employee pension benefit plans.
``SUBCHAPTER III--PROCEDURES FOR ASSISTANCE, ENFORCEMENT, AND
INVESTIGATION
``4321. Assistance in obtaining reemployment or other employment rights
or benefits.
``4322. Enforcement of employment or reemployment rights.
``4323. Enforcement of rights with respect to a State or private
employer.
``4324. Enforcement of rights with respect to Federal executive
agencies.
``4325. Enforcement of rights with respect to certain Federal agencies.
``4326. Conduct of investigation; subpoenas.
``SUBCHAPTER IV--MISCELLANEOUS PROVISIONS
``4331. Regulations.
``4332. Reports.
``4333. Outreach.
``SUBCHAPTER I--GENERAL
``Sec. 4301. Purposes; sense of Congress
``(a) The purposes of this chapter are--
``(1) to encourage noncareer service in the uniformed
services by eliminating or minimizing the disadvantages to
civilian careers and employment which can result from such
service;
``(2) to minimize the disruption to the lives of persons
performing service in the uniformed services as well as to
their employers, their fellow employees, and their
communities, by providing for the prompt reemployment of such
persons upon their completion of such service under honorable
conditions; and
``(3) to prohibit discrimination against persons because of
their service in the uniformed services.
``(b) It is the sense of Congress that the Federal
Government should be a model employer in carrying out the
provisions of this chapter.
``Sec. 4302. Relation to other law and plans or agreements
``(a) Nothing in this chapter shall supersede, nullify or
diminish any Federal or State law (including any local law or
ordinance), contract, agreement, policy, plan, practice, or
other matter that establishes a right or benefit that is more
beneficial to, or is in addition to, a right or benefit
provided for such person in this chapter.
``(b) This chapter supersedes any State law (including any
local law or ordinance), contract, agreement, policy, plan,
practice, or other matter that reduces, limits, or eliminates
in any manner any right or benefit provided by this chapter,
including the establishment of additional prerequisites to
the exercise of any such right or the receipt of any such
benefit.
``Sec. 4303. Definitions
``For the purposes of this chapter--
``(1) The term `Attorney General' means the Attorney
General of the United States or any person designated by the
Attorney General to carry out a responsibility of the
Attorney General under this chapter.
``(2) The term `benefit', `benefit of employment', or
`rights and benefits' means any advantage, profit, privilege,
gain, status, account, or interest (other than wages or
salary for work performed) that accrues by reason of an
employment contract or agreement or an employer policy, plan,
or practice and includes rights and benefits under a pension
plan, a health plan, an employee stock ownership plan,
insurance coverage and awards, bonuses, severance pay,
supplemental unemployment benefits, vacations, and the
opportunity to select work hours or location of employment.
``(3) The term `employee' means any person employed by an
employer.
``(4)(A) Except as provided in subparagraphs (B) and (C),
the term `employer' means any person, institution,
organization, or other entity that pays salary or wages for
work performed or that has control over employment
opportunities, including--
``(i) a person, institution, organization, or other entity
to whom the employer has delegated the performance of
employment-related responsibilities;
``(ii) the Federal Government;
[[Page 1891]]
``(iii) a State;
``(iv) any successor in interest to a person, institution,
organization, or other entity referred to in this
subparagraph; and
``(v) a person, institution, organization, or other entity
that has denied initial employment in violation of section
4311.
``(B) In the case of a National Guard technician employed
under section 709 of title 32, the term `employer' means the
adjutant general of the State in which the technician is
employed.
``(C) Except as an actual employer of employees, an
employee pension benefit plan described in section 3(2) of
the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1002(2)) shall be deemed to be an employer only with
respect to the obligation to provide benefits described in
section 4318.
``(5) The term `Federal executive agency' includes the
United States Postal Service, the Postal Rate Commission, any
nonappropriated fund instrumentality of the United States,
any Executive agency (as that term is defined in section 105
of title 5) other than an agency referred to in section
2302(a)(2)(C)(ii) of title 5, and any military department (as
that term is defined in section 102 of title 5) with respect
to the civilian employees of that department.
``(6) The term `Federal Government' includes any Federal
executive agency, the legislative branch of the United
States, and the judicial branch of the United States.
``(7) The term `health plan' means an insurance policy or
contract, medical or hospital service agreement, membership
or subscription contract, or other arrangement under which
health services for individuals are provided or the expenses
of such services are paid.
``(8) The term `notice' means (with respect to subchapter
II) any written or verbal notification of an obligation or
intention to perform service in the uniformed services
provided to an employer by the employee who will perform such
service or by the uniformed service in which such service is
to be performed.
``(9) The term `qualified', with respect to an employment
position, means having the ability to perform the essential
tasks of the position.
``(10) The term `reasonable efforts', in the case of
actions required of an employer under this chapter, means
actions, including training provided by an employer, that do
not place an undue hardship on the employer.
``(11) Notwithstanding section 101, the term `Secretary'
means the Secretary of Labor or any person designated by such
Secretary to carry out an activity under this chapter.
``(12) The term `seniority' means longevity in employment
together with any benefits of employment which accrue with,
or are determined by, longevity in employment.
``(13) The term `service in the uniformed services' means
the performance of duty on a voluntary or involuntary basis
in a uniformed service under competent authority and includes
active duty, active duty for training, initial active duty
for training, inactive duty training, full-time National
Guard duty, and a period for which a person is absent from a
position of employment for the purpose of an examination to
determine the fitness of the person to perform any such duty.
``(14) The term `State' means each of the several States of
the United States, the District of Columbia, the Commonwealth
of Puerto Rico, Guam, the Virgin Islands, and other
territories of the United States (including the agencies and
political subdivisions thereof).
``(15) The term `undue hardship', in the case of actions
taken by an employer, means actions requiring significant
difficulty or expense, when considered in light of--
``(A) the nature and cost of the action needed under this
chapter;
``(B) the overall financial resources of the facility or
facilities involved in the provision of the action; the
number of persons employed at such facility; the effect on
expenses and resources, or the impact otherwise of such
action upon the operation of the facility;
``(C) the overall financial resources of the employer; the
overall size of the business of an employer with respect to
the number of its employees; the number, type, and location
of its facilities; and
``(D) the type of operation or operations of the employer,
including the composition, structure, and functions of the
work force of such employer; the geographic separateness,
administrative, or fiscal relationship of the facility or
facilities in question to the employer.
``(16) The term `uniformed services' means the Armed
Forces, the Army National Guard and the Air National Guard
when engaged in active duty for training, inactive duty
training, or full-time National Guard duty, the commissioned
corps of the Public Health Service, and any other category of
persons designated by the President in time of war or
emergency.
``Sec. 4304. Character of service
``A person's entitlement to the benefits of this chapter by
reason of the service of such person in one of the uniformed
services terminates upon the occurrence of any of the
following events:
``(1) A separation of such person from such uniformed
service with a dishonorable or bad conduct discharge.
``(2) A separation of such person from such uniformed
service under other than honorable conditions, as
characterized pursuant to regulations prescribed by the
Secretary concerned.
``(3) A dismissal of such person permitted under section
1161(a) of title 10.
``(4) A dropping of such person from the rolls pursuant to
section 1161(b) of title 10.
``SUBCHAPTER II--EMPLOYMENT AND REEMPLOYMENT RIGHTS AND LIMITATIONS;
PROHIBITIONS
``Sec. 4311. Discrimination against persons who serve in the
uniformed services and acts of reprisal prohibited
``(a) A person who is a member of, applies to be a member
of, performs, has performed, applies to perform, or has an
obligation to perform service in a uniformed service shall
not be denied initial employment, reemployment, retention in
employment, promotion, or any benefit of employment by an
employer on the basis of that membership, application for
membership, performance of service, application for service,
or obligation.
``(b) An employer shall be considered to have denied a
person initial employment, reemployment, retention in
employment, promotion, or a benefit of employment in
violation of this section if the person's membership,
application for membership, service, application for service,
or obligation for service in the uniformed services is a
motivating factor in the employer's action, unless the
employer can prove that the action would have been taken in
the absence of such membership, application for membership,
performance of service, application for service, or
obligation.
``(c)(1) An employer may not discriminate in employment
against or take any adverse employment action against any
person because such person has taken an action to enforce a
protection afforded any person under this chapter, has
testified or otherwise made a statement in or in connection
with any proceeding under this chapter, has assisted or
otherwise participated in an investigation under this
chapter, or has exercised a right provided for in this
chapter.
``(2) The prohibition in paragraph (1) shall apply with
respect to a person regardless of whether that person has
performed service in the uniformed services and shall apply
to any position of employment, including a position that is
described in section 4312(d)(1)(C).
``Sec. 4312. Reemployment rights of persons who serve in the
uniformed services
``(a) Subject to subsections (b), (c), and (d) and to
section 4304, any person who is absent from a position of
employment by reason of service in the uniformed services
shall be entitled to the reemployment rights and benefits and
other employment benefits of this chapter if--
``(1) the person (or an appropriate officer of the
uniformed service in which such service is performed) has
given advance written or verbal notice of such service to
such person's employer;
``(2) the cumulative length of the absence and of all
previous absences from a position of employment with that
employer by reason of service in the uniformed services does
not exceed five years; and
``(3) except as provided in subsection (f), the person
reports to, or submits an application for reemployment to,
such employer in accordance with the provisions of subsection
(e).
``(b) No notice is required under subsection (a)(1) if the
giving of such notice is precluded by military necessity or,
under all of the relevant circumstances, the giving of such
notice is otherwise impossible or unreasonable. A
determination of military necessity for the purposes of this
subsection shall be made pursuant to regulations prescribed
by the Secretary of Defense and shall not be subject to
judicial review.
``(c) Subsection (a) shall apply to a person who is absent
from a position of employment by reason of service in the
uniformed services if such person's cumulative period of
service in the uniformed services, with respect to the
employer relationship for which a person seeks reemployment,
does not exceed five years, except that any such period of
service shall not include any service--
``(1) that is required, beyond five years, to complete an
initial period of obligated service;
``(2) during which such person was unable to obtain orders
releasing such person from a period of service in the
uniformed services before the expiration of such five-year
period and such inability was through no fault of such
person;
``(3) performed as required pursuant to section 270 of
title 10, under section 502(a) or 503 of title 32, or to
fulfill additional training requirements determined and
certified in writing by the Secretary concerned, to be
necessary for professional development, or for completion of
skill training or retraining; or
``(4) performed by a member of a uniformed service who is--
``(A) ordered to or retained on active duty under section
672(a), 672(g), 673, 673b, 673c, or 688 of title 10 or under
section 331, 332, 359, 360, 367, or 712 of title 14;
``(B) ordered to or retained on active duty (other than for
training) under any provision of law during a war or during a
national emergency declared by the President or the Congress;
``(C) ordered to active duty (other than for training) in
support, as determined by the Secretary concerned, of an
operational mission for which personnel have been ordered to
active duty under section 673b of title 10;
``(D) ordered to active duty in support, as determined by
the Secretary concerned, of a
[[Page 1892]]
critical mission or requirement of the uniformed services; or
``(E) called into Federal service as a member of the
National Guard under chapter 15 of title 10 or under section
3500 or 8500 of title 10.
``(d)(1) An employer is not required to reemploy a person
under this chapter if--
``(A) the employer's circumstances have so changed as to
make such reemployment impossible or unreasonable;
``(B) in the case of a person entitled to reemployment
under subsection (a)(3), (a)(4), or (b)(2)(B) of section
4313, such employment would impose an undue hardship on the
employer; or
``(C) the employment from which the person leaves to serve
in the uniformed services is for a brief, nonrecurrent period
and there is no reasonable expectation that such employment
will continue indefinitely or for a significant period.
``(2) In any proceeding involving an issue of whether--
``(A) any reemployment referred to in paragraph (1) is
impossible or unreasonable because of a change in an
employer's circumstances,
``(B) any accommodation, training, or effort referred to in
subsection (a)(3), (a)(4), or (b)(2)(B) of section 4313 would
impose an undue hardship on the employer, or
``(C) the employment referred to in paragraph (1)(C) is
brief or for a nonrecurrent period and without a reasonable
expectation that such employment will continue indefinitely
or for a significant period,
the employer shall have the burden of proving the
impossibility or unreasonableness, undue hardship, or the
brief or nonrecurrent nature of the employment without a
reasonable expectation of continuing indefinitely or for a
significant period.
``(e)(1) Subject to paragraph (2), a person referred to in
subsection (a) shall, upon the completion of a period of
service in the uniformed services, notify the employer
referred to in such subsection of the person's intent to
return to a position of employment with such employer as
follows:
``(A) In the case of a person whose period of service in
the uniformed services was less than 31 days, by reporting to
the employer--
``(i) not later than the beginning of the first full
regularly scheduled work period on the first full calendar
day following the completion of the period of service and the
expiration of eight hours after a period allowing for the
safe transportation of the person from the place of that
service to the person's residence; or
``(ii) as soon as possible after the expiration of the
eight-hour period referred to in clause (i), if reporting
within the period referred to in such clause is impossible or
unreasonable through no fault of the person.
``(B) In the case of a person who is absent from a position
of employment for a period of any length for the purposes of
an examination to determine the person's fitness to perform
service in the uniformed services, by reporting in the manner
and time referred to in subparagraph (A).
``(C) In the case of a person whose period of service in
the uniformed services was for more than 30 days but less
than 181 days, by submitting an application for reemployment
with the employer not later than 14 days after the completion
of the period of service or if submitting such application
within such period is impossible or unreasonable through no
fault of the person, the next first full calendar day when
submission of such application becomes possible.
``(D) In the case of a person whose period of service in
the uniformed services was for more than 180 days, by
submitting an application for reemployment with the employer
not later than 90 days after the completion of the period of
service.
``(2)(A) A person who is hospitalized for, or convalescing
from, an illness or injury incurred in, or aggravated during,
the performance of service in the uniformed services shall,
at the end of the period that is necessary for the person to
recover from such illness or injury, report to the person's
employer (in the case of a person described in subparagraph
(A) or (B) of paragraph (1)) or submit an application for
reemployment with such employer (in the case of a person
described in subparagraph (C) or (D) of such paragraph).
Except as provided in subparagraph (B), such period of
recovery may not exceed two years.
``(B) Such two-year period shall be extended by the minimum
time required to accommodate the circumstances beyond such
person's control which make reporting within the period
specified in subparagraph (A) impossible or unreasonable.
``(3) A person who fails to report or apply for employment
or reemployment within the appropriate period specified in
this subsection shall not automatically forfeit such person's
entitlement to the rights and benefits referred to in
subsection (a) but shall be subject to the conduct rules,
established policy, and general practices of the employer
pertaining to explanations and discipline with respect to
absence from scheduled work.
``(f)(1) A person who submits an application for
reemployment in accordance with subparagraph (C) or (D) of
subsection (e)(1) or subsection (e)(2) shall provide to the
person's employer (upon the request of such employer)
documentation to establish that--
``(A) the person's application is timely;
``(B) the person has not exceeded the service limitations
set forth in subsection (a)(2) (except as permitted under
subsection (c)); and
``(C) the person's entitlement to the benefits under this
chapter has not been terminated pursuant to section 4304.
``(2) Documentation of any matter referred to in paragraph
(1) that satisfies regulations prescribed by the Secretary
shall satisfy the documentation requirements in such
paragraph.
``(3)(A) Except as provided in subparagraph (B), the
failure of a person to provide documentation that satisfies
regulations prescribed pursuant to paragraph (2) shall not be
a basis for denying reemployment in accordance with the
provisions of this chapter if the failure occurs because such
documentation does not exist or is not readily available at
the time of the request of the employer. If, after such
reemployment, documentation becomes available that
establishes that such person does not meet one or more of the
requirements referred to in subparagraphs (A), (B), and (C)
of paragraph (1), the employer of such person may terminate
the employment of the person and the provision of any rights
or benefits afforded the person under this chapter.
``(B) An employer who reemploys a person absent from a
position of employment for more than 90 days may require that
the person provide the employer with the documentation
referred to in subparagraph (A) before beginning to treat the
person as not having incurred a break in service for pension
purposes under section 4318(a)(2)(A).
``(4) An employer may not delay or attempt to defeat a
reemployment obligation by demanding documentation that does
not then exist or is not then readily available.
``(g) The right of a person to reemployment under this
section shall not entitle such person to retention,
preference, or displacement rights over any person with a
superior claim under the provisions of title 5, United States
Code, relating to veterans and other preference eligibles.
``(h) In any determination of a person's entitlement to
protection under this chapter, the timing, frequency, and
duration of the person's training or service, or the nature
of such training or service (including voluntary service) in
the uniformed services, shall not be a basis for denying
protection of this chapter if the service does not exceed the
limitations set forth in subsection (c) and the notice
requirements established in subsection (a)(1) and the
notification requirements established in subsection (e) are
met.
``Sec. 4313. Reemployment positions
``(a) Subject to subsection (b) (in the case of any
employee) and sections 4314 and 4315 (in the case of an
employee of the Federal Government), a person entitled to
reemployment under section 4312, upon completion of a period
of service in the uniformed services, shall be promptly
reemployed in a position of employment in accordance with the
following order of priority:
``(1) Except as provided in paragraphs (3) and (4), in the
case of a person whose period of service in the uniformed
services was for less than 91 days--
``(A) in the position of employment in which the person
would have been employed if the continuous employment of such
person with the employer had not been interrupted by such
service, the duties of which the person is qualified to
perform; or
``(B) in the position of employment in which the person was
employed on the date of the commencement of the service in
the uniformed services, only if the person is not qualified
to perform the duties of the position referred to in
subparagraph (A) after reasonable efforts by the employer to
qualify the person.
``(2) Except as provided in paragraphs (3) and (4), in the
case of a person whose period of service in the uniformed
services was for more than 90 days--
``(A) in the position of employment in which the person
would have been employed if the continuous employment of such
person with the employer had not been interrupted by such
service, or a position of like seniority, status and pay, the
duties of which the person is qualified to perform; or
``(B) in the position of employment in which the person was
employed on the date of the commencement of the service in
the uniformed services, or a position of like seniority,
status and pay, the duties of which the person is qualified
to perform, only if the person is not qualified to perform
the duties of a position referred to in subparagraph (A)
after reasonable efforts by the employer to qualify the
person.
``(3) In the case of a person who has a disability incurred
in, or aggravated during, such service, and who (after
reasonable efforts by the employer to accommodate the
disability) is not qualified due to such disability to be
employed in the position of employment in which the person
would have been employed if the continuous employment of such
person with the employer had not been interrupted by such
service--
``(A) in any other position which is equivalent in
seniority, status, and pay, the duties of which the person is
qualified to perform or would become qualified to perform
with reasonable efforts by the employer; or
``(B) if not employed under subparagraph (A), in a position
which is the nearest approximation to a position referred to
in subparagraph (A) in terms of seniority, status, and pay
consistent with circumstances of such person's case.
``(4) In the case of a person who (A) is not qualified to
be employed in (i) the position of employment in which the
person would have been employed if the continuous employment
of such person with the employer had not been interrupted by
such service, or (ii)
[[Page 1893]]
in the position of employment in which such person was
employed on the date of the commencement of the service in
the uniform services for any reason (other than disability
incurred in, or aggravated during, service in the uniformed
services), and (B) cannot become qualified with reasonable
efforts by the employer, in any other position of lesser
status and pay which such person is qualified to perform,
with full seniority.
``(b)(1) If two or more persons are entitled to
reemployment under section 4312 in the same position of
employment and more than one of them has reported for such
reemployment, the person who left the position first shall
have the prior right to reemployment in that position.
``(2) Any person entitled to reemployment under section
4312 who is not reemployed in a position of employment by
reason of paragraph (1) shall be entitled to be reemployed as
follows:
``(A) Except as provided in subparagraph (B), in any other
position of employment referred to in subsection (a)(1) or
(a)(2), as the case may be (in the order of priority set out
in the applicable subsection), that provides a similar status
and pay to a position of employment referred to in paragraph
(1) of this subsection, consistent with the circumstances of
such person's case, with full seniority.
``(B) In the case of a person who has a disability incurred
in, or aggravated during, a period of service in the
uniformed services that requires reasonable efforts by the
employer for the person to be able to perform the duties of
the position of employment, in any other position referred to
in subsection (a)(3) (in the order of priority set out in
that subsection) that provides a similar status and pay to a
position referred to in paragraph (1) of this subsection,
consistent with circumstances of such person's case, with
full seniority.
``Sec. 4314. Reemployment by the Federal Government
``(a) Except as provided in subsections (b), (c), and (d),
if a person is entitled to reemployment by the Federal
Government under section 4312, such person shall be
reemployed in a position of employment as described in
section 4313.
``(b)(1) If the Director of the Office of Personnel
Management makes a determination described in paragraph (2)
with respect to a person who was employed by a Federal
executive agency at the time the person entered the service
from which the person seeks reemployment under this section,
the Director shall--
``(A) identify a position of like seniority, status, and
pay at another Federal executive agency that satisfies the
requirements of section 4313 and for which the person is
qualified; and
``(B) ensure that the person is offered such position.
``(2) The Director shall carry out the duties referred to
in subparagraphs (A) and (B) of paragraph (1) if the Director
determines that--
``(A) the Federal executive agency that employed the person
referred to in such paragraph no longer exists and the
functions of such agency have not been transferred to another
Federal executive agency; or
``(B) it is impossible or unreasonable for the agency to
reemploy the person.
``(c) If the employer of a person described in subsection
(a) was, at the time such person entered the service from
which such person seeks reemployment under this section, a
part of the judicial branch or the legislative branch of the
Federal Government, and such employer determines that it is
impossible or unreasonable for such employer to reemploy such
person, such person shall, upon application to the Director
of the Office of Personnel Management, be ensured an offer of
employment in an alternative position in a Federal executive
agency on the basis described in subsection (b).
``(d) If the adjutant general of a State determines that it
is impossible or unreasonable to reemploy a person who was a
National Guard technician employed under section 709 of title
32, such person shall, upon application to the Director of
the Office of Personnel Management, be ensured an offer of
employment in an alternative position in a Federal executive
agency on the basis described in subsection (b).
``Sec. 4315. Reemployment by certain Federal agencies
``(a) The head of each agency referred to in section
2302(a)(2)(C)(ii) of title 5 shall prescribe procedures for
ensuring that the rights under this chapter apply to the
employees of such agency.
``(b) In prescribing procedures under subsection (a), the
head of an agency referred to in that subsection shall
ensure, to the maximum extent practicable, that the
procedures of the agency for reemploying persons who serve in
the uniformed services provide for the reemployment of such
persons in the agency in a manner similar to the manner of
reemployment described in section 4313.
``(c)(1) The procedures prescribed under subsection (a)
shall designate an official at the agency who shall determine
whether or not the reemployment of a person referred to in
subsection (b) by the agency is impossible or unreasonable.
``(2) Upon making a determination that the reemployment by
the agency of a person referred to in subsection (b) is
impossible or unreasonable, the official referred to in
paragraph (1) shall notify the person and the Director of the
Office of Personnel Management of such determination.
``(3) A determination pursuant to this subsection shall not
be subject to judicial review.
``(4) The head of each agency referred to in subsection (a)
shall submit to the Select Committee on Intelligence and the
Committee on Veterans' Affairs of the Senate and the
Permanent Select Committee on Intelligence and the Committee
on Veterans' Affairs of the House of Representatives on an
annual basis a report on the number of persons whose
reemployment with the agency was determined under this
subsection to be impossible or unreasonable during the year
preceding the report, including the reason for each such
determination.
``(d)(1) Except as provided in this section, nothing in
this section, section 4313, or section 4325 shall be
construed to exempt any agency referred to in subsection (a)
from compliance with any other substantive provision of this
chapter.
``(2) This section may not be construed--
``(A) as prohibiting an employee of an agency referred to
in subsection (a) from seeking information from the Secretary
regarding assistance in seeking reemployment from the agency
under this chapter, alternative employment in the Federal
Government under this chapter, or information relating to the
rights and obligations of employee and Federal agencies under
this chapter; or
``(B) as prohibiting such an agency from voluntarily
cooperating with or seeking assistance in or of clarification
from the Secretary or the Director of the Office of Personnel
Management of any matter arising under this chapter.
``(e) The Director of the Office of Personnel Management
shall ensure the offer of employment to a person in a
position in a Federal executive agency on the basis described
in subsection (b) if--
``(1) the person was an employee of an agency referred to
in section 2302(a)(2)(C)(ii) of title 5 at the time the
person entered the service from which the person seeks
reemployment under this section;
``(2) the appropriate officer of the agency determines
under subsection (c) that reemployment of the person by the
agency is impossible or unreasonable; and
``(3) the person submits an application to the Director for
an offer of employment under this subsection.
``Sec. 4316. Rights, benefits, and obligations of persons
absent from employment for service in a uniformed service
``(a) A person who is reemployed under this chapter is
entitled to the seniority and other rights and benefits
determined by seniority that the person had on the date of
the commencement of service in the uniformed services plus
the additional seniority and rights and benefits that such
person would have attained if the person had remained
continuously employed.
``(b)(1) Subject to paragraphs (2) through (6), a person
who is absent from a position of employment by reason of
service in the uniformed services shall be--
``(A) deemed to be on furlough or leave of absence while
performing such service; and
``(B) entitled to such other rights and benefits not
determined by seniority as are generally provided by the
employer of the person to employees having similar seniority,
status, and pay who are on furlough or leave of absence under
a contract, agreement, policy, practice, or plan in effect at
the commencement of such service or established while such
person performs such service.
``(2)(A) Subject to subparagraph (B), a person who--
``(i) is absent from a position of employment by reason of
service in the uniformed services, and
``(ii) knowingly provides written notice of intent not to
return to a position of employment after service in the
uniformed service,
is not entitled to rights and benefits under paragraph
(1)(B).
``(B) For the purposes of subparagraph (A), the employer
shall have the burden of proving that a person knowingly
provided clear written notice of intent not to return to a
position of employment after service in the uniformed service
and, in doing so, was aware of the specific rights and
benefits to be lost under subparagraph (A).
``(3) A person deemed to be on furlough or leave of absence
under this subsection while serving in the uniformed services
shall not be entitled under this subsection to any benefits
to which the person would not otherwise be entitled if the
person had remained continuously employed.
``(4) Such person may be required to pay the employee cost,
if any, of any funded benefit continued pursuant to paragraph
(1) to the extent other employees on furlough or leave of
absence are so required.
``(5) The entitlement of a person to coverage under a
health plan is provided for under section 4317.
``(6) The entitlement of a person to a right or benefit
under an employee pension benefit plan is provided for under
section 4318.
``(c) A person who is reemployed by an employer under this
chapter shall not be discharged from such employment, except
for cause--
``(1) within one year after the date of such reemployment,
if the person's period of service before the reemployment was
more than 180 days; or
``(2) within 180 days after the date of such reemployment,
if the person's period of service before the reemployment was
more than 30 days but less than 181 days.
``(d) Any person whose employment with an employer is
interrupted by a period of
[[Page 1894]]
service in the uniformed services shall be permitted, upon
request of that person, to use during such period of service
any vacation, annual, or similar leave with pay accrued by
the person before the commencement of such service.
``Sec. 4317. Health plans
``(a)(1)(A) Subject to paragraphs (2) and (3), in any case
in which a person (or the person's dependents) has coverage
under a health plan in connection with the person's position
of employment, including a group health plan (as defined in
section 607(1) of the Employee Retirement Income Security Act
of 1974), and such person is absent from such position of
employment by reason of service in the uniformed services,
the plan shall provide that the person may elect to continue
such coverage as provided in this subsection. The maximum
period of coverage of a person and the person's dependents
under such an election shall be the lesser of--
``(i) the 18-month period beginning on the date on which
the person's absence begins; or
``(ii) the day after the date on which the person fails to
apply for or return to a position of employment, as
determined under section 4312(e).
``(B) A person who elects to continue health-plan coverage
under this paragraph may be required to pay not more than 102
percent of the full premium under the plan (determined in the
same manner as the applicable premium under section
4980B(f)(4) of the Internal Revenue Code of 1986) associated
with such coverage for the employer's other employees, except
that in the case of a person who performs service in the
uniformed services for less than 31 days, such person may not
be required to pay more than the employee share, if any, for
such coverage.
``(C) In the case of a health plan that is a multiemployer
plan, as defined in section 3(37) of the Employee Retirement
Income Security Act of 1974, any liability under the plan for
employer contributions and benefits arising under this
paragraph shall be allocated--
``(i) by the plan in such manner as the plan sponsor shall
provide; or
``(ii) if the sponsor does not provide--
``(I) to the last employer employing the person before the
period served by the person in the uniformed services, or
``(II) if such last employer is no longer functional, to
the plan.
``(b)(1) Except as provided in paragraph (2), in the case
of a person whose coverage under a health plan was terminated
by reason of service in the uniformed services, an exclusion
or waiting period may not be imposed in connection with the
reinstatement of such coverage upon reemployment under this
chapter if an exclusion or waiting period would not have been
imposed under health plan had coverage of such person by such
plan not been terminated as a result of such service. This
paragraph applies to the person who is reemployed and to any
individual who is covered by such plan by reason of the
reinstatement of the coverage of such person.
``(2) Paragraph (1) shall not apply to the coverage of any
illness or injury determined by the Secretary of Veterans
Affairs to have been incurred in, or aggravated during,
performance of service in the uniformed services.
``Sec. 4318. Employee pension benefit plans
``(a)(1)(A) Except as provided in subparagraph (B), in the
case of a right provided pursuant to an employee pension
benefit plan (including those described in sections 3(2) and
3(33) of the Employee Retirement Income Security Act of 1974)
or a right provided under any Federal or State law governing
pension benefits for governmental employees, the right to
pension benefits of a person reemployed under this chapter
shall be determined under this section.
``(B) In the case of benefits under the Thrift Savings
Plan, the rights of a person reemployed under this chapter
shall be those rights provided in section 8432b of title 5.
The first sentence of this subparagraph shall not be
construed to affect any other right or benefit under this
chapter.
``(2)(A) A person reemployed under this chapter shall be
treated as not having incurred a break in service with the
employer or employers maintaining the plan by reason of such
person's period or periods of service in the uniformed
services.
``(B) Each period served by a person in the uniformed
services shall, upon reemployment under this chapter, be
deemed to constitute service with the employer or employers
maintaining the plan for the purpose of determining the
nonforfeitability of the person's accrued benefits and for
the purpose of determining the accrual of benefits under the
plan.
``(b)(1) An employer reemploying a person under this
chapter shall, with respect to a period of service described
in subsection (a)(2)(B), be liable to an employee pension
benefit plan for funding any obligation of the plan to
provide the benefits described in subsection (a)(2) and shall
allocate the amount of any employer contribution for the
person in the same manner and to the same extent the
allocation occurs for other employees during the period of
service. For purposes of determining the amount of such
liability and any obligation of the plan, earnings and
forfeitures shall not be included. For purposes of
determining the amount of such liability and for purposes of
section 515 of the Employee Retirement Income Security Act of
1974 or any similar Federal or State law governing pension
benefits for governmental employees, service in the uniformed
services that is deemed under subsection (a) to be service
with the employer shall be deemed to be service with the
employer under the terms of the plan or any applicable
collective bargaining agreement. In the case of a
multiemployer plan, as defined in section 3(37) of the
Employee Retirement Income Security Act of 1974, any
liability of the plan described in this paragraph shall be
allocated--
``(A) by the plan in such manner as the sponsor maintaining
the plan shall provide; or
``(B) if the sponsor does not provide--
``(i) to the last employer employing the person before the
period served by the person in the uniformed services, or
``(ii) if such last employer is no longer functional, to
the plan.
``(2) A person reemployed under this chapter shall be
entitled to accrued benefits pursuant to subsection (a) that
are contingent on the making of, or derived from, employee
contributions or elective deferrals (as defined in section
402(g)(3) of the Internal Revenue Code of 1986) only to the
extent the person makes payment to the plan with respect to
such contributions or deferrals. No such payment may exceed
the amount the person would have been permitted or required
to contribute had the person remained continuously employed
by the employer throughout the period of service described in
subsection (a)(2)(B). Any payment to the plan described in
this paragraph shall be made during the period beginning with
the date of reemployment and whose duration is three times
the period of the person's service in the uniformed services,
not to exceed five years.
``(3) For purposes of computing an employer's liability
under paragraph (1) or the employee's contributions under
paragraph (2), the employee's compensation during the period
of service described in subsection (a)(2)(B) shall be
computed--
``(A) at the rate the employee would have received but for
the period of service described in subsection (a)(2)(B), or
``(B) in the case that the determination of such rate is
not reasonably certain, on the basis of the employee's
average rate of compensation during the 12-month period
immediately preceding such period (or, if shorter, the period
of employment immediately preceding such period).
``(c) Any employer who reemploys a person under this
chapter and who is an employer contributing to a
multiemployer plan, as defined in section 3(37) of the
Employee Retirement Income Security Act of 1974, under which
benefits are or may be payable to such person by reason of
the obligations set forth in this chapter, shall, within 30
days after the date of such reemployment, provide
information, in writing, of such reemployment to the
administrator of such plan.
``SUBCHAPTER III--PROCEDURES FOR ASSISTANCE, ENFORCEMENT, AND
INVESTIGATION
``Sec. 4321. Assistance in obtaining reemployment or other
employment rights or benefits
``The Secretary (through the Veterans' Employment and
Training Service) shall provide assistance to any person with
respect to the employment and reemployment rights and
benefits to which such person is entitled under this chapter.
In providing such assistance, the Secretary may request the
assistance of existing Federal and State agencies engaged in
similar or related activities and utilize the assistance of
volunteers.
``Sec. 4322. Enforcement of employment or reemployment rights
``(a) A person who claims that--
``(1) such person is entitled under this chapter to
employment or reemployment rights or benefits with respect to
employment by an employer; and
``(2)(A) such employer has failed or refused, or is about
to fail or refuse, to comply with the provisions of this
chapter; or
``(B) in the case that the employer is a Federal executive
agency, such employer or the Office of Personnel Management
has failed or refused, or is about to fail or refuse, to
comply with the provisions of this chapter,
may file a complaint with the Secretary in accordance with
subsection (b), and the Secretary shall investigate such
complaint.
``(b) Such complaint shall be in writing, be in such form
as the Secretary may prescribe, include the name and address
of the employer against whom the complaint is filed, and
contain a summary of the allegations that form the basis for
the complaint.
``(c) The Secretary shall, upon request, provide technical
assistance to a potential claimant with respect to a
complaint under this subsection, and when appropriate, to
such claimant's employer.
``(d) The Secretary shall investigate each complaint
submitted pursuant to subsection (a). If the Secretary
determines as a result of the investigation that the action
alleged in such complaint occurred, the Secretary shall
resolve the complaint by making reasonable efforts to ensure
that the person or entity named in the complaint complies
with the provisions of this chapter.
``(e) If the efforts of the Secretary with respect to a
complaint under subsection (d) are unsuccessful, the
Secretary shall notify the person who submitted the complaint
of--
``(1) the results of the Secretary's investigation; and
``(2) the complainant's entitlement to proceed under the
enforcement of rights provisions provided under section 4323
(in the case of a person submitting a complaint against a
State or private employer) or section 4324 (in
[[Page 1895]]
the case of a person submitting a complaint against a Federal
executive agency).
``(f) This subchapter does not apply to any action relating
to benefits to be provided under the Thrift Savings Plan
under title 5.
``Sec. 4323. Enforcement of rights with respect to a State or
private employer
``(a)(1) A person who receives from the Secretary a
notification pursuant to section 4322(e) of an unsuccessful
effort to resolve a complaint relating to a State (as an
employer) or a private employer may request that the
Secretary refer the complaint to the Attorney General. If the
Attorney General is reasonably satisfied that the person on
whose behalf the complaint is referred is entitled to the
rights or benefits sought, the Attorney General may appear on
behalf of, and act as attorney for, the person on whose
behalf the complaint is submitted and commence an action for
appropriate relief for such person in an appropriate United
States district court.
``(2) A person may commence an action for relief with
respect to a complaint if that person--
``(A) has chosen not to apply to the Secretary for
assistance regarding the complaint under section 4322(c);
``(B) has chosen not to request that the Secretary refer
the complaint to the Attorney General under paragraph (1); or
``(C) has been refused representation by the Attorney
General with respect to the complaint under such paragraph.
``(b) In the case of an action against a State as an
employer, the appropriate district court is the court for any
district in which the State exercises any authority or
carries out any function. In the case of a private employer
the appropriate district court is the district court for any
district in which the private employer of the person
maintains a place of business.
``(c)(1)(A) The district courts of the United States shall
have jurisdiction, upon the filing of a complaint, motion,
petition, or other appropriate pleading by or on behalf of
the person claiming a right or benefit under this chapter--
``(i) to require the employer to comply with the provisions
of this chapter;
``(ii) to require the employer to compensate the person for
any loss of wages or benefits suffered by reason of such
employer's failure to comply with the provisions of this
chapter; and
``(iii) to require the employer to pay the person an amount
equal to the amount referred to in clause (ii) as liquidated
damages, if the court determines that the employer's failure
to comply with the provisions of this chapter was willful.
``(B) Any compensation under clauses (ii) and (iii) of
subparagraph (A) shall be in addition to, and shall not
diminish, any of the other rights and benefits provided for
in this chapter.
``(2)(A) No fees or court costs shall be charged or taxed
against any person claiming rights under this chapter.
``(B) In any action or proceeding to enforce a provision of
this chapter by a person under subsection (a)(2) who obtained
private counsel for such action or proceeding, the court may
award any such person who prevails in such action or
proceeding reasonable attorney fees, expert witness fees, and
other litigation expenses.
``(3) The court may use its full equity powers, including
temporary or permanent injunctions, temporary restraining
orders, and contempt orders, to vindicate fully the rights or
benefits of persons under this chapter.
``(4) An action under this chapter may be initiated only by
a person claiming rights or benefits under this chapter, not
by an employer, prospective employer, or other entity with
obligations under this chapter.
``(5) In any such action, only an employer or a potential
employer, as the case may be, shall be a necessary party
respondent.
``(6) No State statute of limitations shall apply to any
proceeding under this chapter.
``(7) A State shall be subject to the same remedies,
including prejudgment interest, as may be imposed upon any
private employer under this section.
``Sec. 4324. Enforcement of rights with respect to Federal
executive agencies
``(a)(1) A person who receives from the Secretary a
notification pursuant to section 4322(e) of an unsuccessful
effort to resolve a complaint relating to a Federal executive
agency may request that the Secretary refer the complaint for
litigation before the Merit Systems Protection Board. The
Secretary shall refer the complaint to the Office of Special
Counsel established by section 1211 of title 5.
``(2)(A) If the Special Counsel is reasonably satisfied
that the person on whose behalf a complaint is referred under
paragraph (1) is entitled to the rights or benefits sought,
the Special Counsel (upon the request of the person
submitting the complaint) may appear on behalf of, and act as
attorney for, the person and initiate an action regarding
such complaint before the Merit Systems Protection Board.
``(B) If the Special Counsel declines to initiate an action
and represent a person before the Merit Systems Protection
Board under subparagraph (A), the Special Counsel shall
notify such person of that decision.
``(b) A person may submit a complaint against a Federal
executive agency under this subchapter directly to the Merit
Systems Protection Board if that person--
``(1) has chosen not to apply to the Secretary for
assistance regarding a complaint under section 4322(c);
``(2) has received a notification from the Secretary under
section 4322(e);
``(3) has chosen not to be represented before the Board by
the Special Counsel pursuant to subsection (a)(2)(A); or
``(4) has received a notification of a decision from the
Special Counsel under subsection (a)(2)(B).
``(c)(1) The Merit Systems Protection Board shall
adjudicate any complaint brought before the Board pursuant to
subsection (a)(2)(A) or (b). A person who seeks a hearing or
adjudication by submitting such a complaint under this
paragraph may be represented at such hearing or adjudication
in accordance with the rules of the Board.
``(2) If the Board determines that a Federal executive
agency has not complied with the provisions of this chapter
relating to the employment or reemployment of a person by the
agency, the Board shall enter an order requiring the agency
or employee to comply with such provisions and to compensate
such person for any loss of wages or benefits suffered by
such person by reason of such lack of compliance.
``(3) Any compensation received by a person pursuant to an
order under paragraph (2) shall be in addition to any other
right or benefit provided for by this chapter and shall not
diminish any such right or benefit.
``(4) If the Board determines as a result of a hearing or
adjudication conducted pursuant to a complaint submitted by a
person directly to the Board pursuant to subsection (b) that
such person is entitled to an order referred to in paragraph
(2), the Board may, in its discretion, award such person
reasonable attorney fees, expert witness fees, and other
litigation expenses.
``(d)(1) A person adversely affected or aggrieved by a
final order or decision of the Merit Systems Protection Board
under subsection (c) may petition the United States Court of
Appeals for the Federal Circuit to review the final order or
decision. Such petition and review shall be in accordance
with the procedures set forth in section 7703 of title 5.
``(2) Such person may be represented in the Federal Circuit
proceeding by the Special Counsel unless the person was not
represented by the Special Counsel before the Merit Systems
Protection Board regarding such order or decision.
``Sec. 4325. Enforcement of rights with respect to certain
Federal agencies
``(a) This section applies to any person who alleges that--
``(1) the reemployment of such person by an agency referred
to in subsection (a) of section 4315 was not in accordance
with procedures for the reemployment of such person under
subsection (b) of such section; or
``(2) the failure of such agency to reemploy the person
under such section was otherwise wrongful.
``(b) Any person referred to in subsection (a) may submit a
claim relating to an allegation referred to in that
subsection to the inspector general of the agency which is
the subject of the allegation. The inspector general shall
investigate and resolve the allegation pursuant to procedures
prescribed by the head of the agency.
``(c) In prescribing procedures for the investigation and
resolution of allegations under subsection (b), the head of
an agency shall ensure, to the maximum extent practicable,
that the procedures are similar to the procedures for
investigating and resolving complaints utilized by the
Secretary under section 4322(d).
``(d) This section may not be construed--
``(1) as prohibiting an employee of an agency referred to
in subsection (a) from seeking information from the Secretary
regarding assistance in seeking reemployment from the agency
under this chapter, alternative employment in the Federal
Government under this chapter, or information relating to the
rights and obligations of employee and Federal agencies under
this chapter; or
``(2) as prohibiting such an agency from voluntarily
cooperating with or seeking assistance in or of clarification
from the Secretary or the Director of the Office of Personnel
Management of any matter arising under this chapter.
``Sec. 4326. Conduct of investigation; subpoenas
``(a) In carrying out any investigation under this chapter,
the Secretary's duly authorized representatives shall, at all
reasonable times, have reasonable access to, for purposes of
examination, and the right to copy and receive, any documents
of any person or employer that the Secretary considers
relevant to the investigation.
``(b) In carrying out any investigation under this chapter,
the Secretary may require by subpoena the attendance and
testimony of witnesses and the production of documents
relating to any matter under investigation. In case of
disobedience of the subpoena or contumacy and on request of
the Secretary, the Attorney General may apply to any district
court of the United States in whose jurisdiction such
disobedience or contumacy occurs for an order enforcing the
subpoena.
``(c) Upon application, the district courts of the United
States shall have jurisdiction to issue writs commanding any
person or employer to comply with the subpoena of the
Secretary or to comply with any order of the Secretary made
pursuant to a lawful investigation under this chapter and the
district courts shall have jurisdiction to punish failure to
obey a subpoena or other lawful order of the Secretary as a
contempt of court.
[[Page 1896]]
``(d) Subsections (b) and (c) shall not apply to the
legislative branch or the judicial branch of the United
States.
``SUBCHAPTER IV--MISCELLANEOUS PROVISIONS
``Sec. 4331. Regulations
``(a) The Secretary (in consultation with the Secretary of
Defense) may prescribe regulations implementing the
provisions of this chapter with regard to the application of
this chapter to States, local governments, and private
employers.
``(b)(1) The Director of the Office of Personnel Management
(in consultation with the Secretary and the Secretary of
Defense) may prescribe regulations implementing the
provisions of this chapter with regard to the application of
this chapter to Federal executive agencies (other than the
agencies referred to in paragraph (2)) as employers. Such
regulations shall be consistent with the regulations
pertaining to the States as employers and private employers,
except that employees of the Federal Government may be given
greater or additional rights.
``(2) The following entities may prescribe regulations to
carry out the activities of such entities under this chapter:
``(A) The Merit Systems Protection Board.
``(B) The Office of Special Counsel.
``(C) The agencies referred to in section 2303(a)(2)(C)(ii)
of title 5.
``Sec. 4332. Reports
``The Secretary shall, after consultation with the Attorney
General and the Special Counsel referred to in section
4324(a)(1) and no later than February 1, 1996, and annually
thereafter through 2000, transmit to the Congress, a report
containing the following matters for the fiscal year ending
before such February 1:
``(1) The number of cases reviewed by the Department of
Labor under this chapter during the fiscal year for which the
report is made.
``(2) The number of cases referred to the Attorney General
or the Special Counsel pursuant to section 4323 or 4324,
respectively, during such fiscal year.
``(3) The number of complaints filed by the Attorney
General pursuant to section 4323 during such fiscal year.
``(4) The nature and status of each case reported on
pursuant to paragraph (1), (2), or (3).
``(5) An indication of whether there are any apparent
patterns of violation of the provisions of this chapter,
together with an explanation thereof.
``(6) Recommendations for administrative or legislative
action that the Secretary, the Attorney General, or the
Special Counsel considers necessary for the effective
implementation of this chapter, including any action that
could be taken to encourage mediation, before claims are
filed under this chapter, between employers and persons
seeking employment or reemployment.
``Sec. 4333. Outreach
``The Secretary, the Secretary of Defense, and the
Secretary of Veterans Affairs shall take such actions as such
Secretaries determine are appropriate to inform persons
entitled to rights and benefits under this chapter and
employers of the rights, benefits, and obligations of such
persons and such employers under this chapter.''.
(b) Conforming Amendments.--
(1) Amendments to title 38.--The tables of chapters at the
beginning of title 38, United States Code, and the beginning
of part III of such title are each amended by striking out
the item relating to chapter 43 and inserting in lieu thereof
the following:
``43. Employment and reemployment rights of members of the uniformed
services......................................................4301''.
(2) Amendment to title 5.--(A) Section 1204(a)(1) of title
5, United States Code, is amended by striking out ``section
4323'' and inserting in lieu thereof ``chapter 43''.
(B) Subchapter II of chapter 35 of such title is repealed.
(C) The table of sections for chapter 35 of such title is
amended by striking out the heading relating to subchapter II
of such chapter and the item relating to section 3551 of such
chapter.
(3) Amendment to title 10.--Section 706(c)(1) of title 10,
United States Code, is amended by striking out ``section
4321'' and inserting in lieu thereof ``chapter 43''.
(c) Amendments to Title 28.--Section 631 of title 28,
United States Code, is amended--
(1) by striking out subsection (j);
(2) by redesignating subsections (k) and (l) as subsections
(j) and (k), respectively; and
(3) in subsection (j), as redesignated by paragraph (2), by
striking out ``under the terms of'' and all that follows
through ``section,'' the first place it appears and inserting
in lieu thereof ``under chapter 43 of title 38,''.
SEC. 3. EXEMPTION FROM MINIMUM SERVICE REQUIREMENTS.
Section 5303A(b)(3) of title 38, United States Code, is
amended--
(1) by striking out ``or'' at the end of subparagraph (E);
(2) by striking out the period at the end of subparagraph
(F) and inserting in lieu thereof ``; or''; and
(3) by adding at the end thereof the following new
subparagraph:
``(G) to benefits under chapter 43 of this title.''.
SEC. 4. THRIFT SAVINGS PLAN.
(a) In General.--(1) Title 5, United States Code, is
amended by inserting after section 8432a the following:
``Sec. 8432b. Contributions of persons who perform military
service
``(a) This section applies to any employee who--
``(1) separates or enters leave-without-pay status in order
to perform military service; and
``(2) is subsequently restored to or reemployed in a
position which is subject to this chapter, pursuant to
chapter 43 of title 38.
``(b)(1) Each employee to whom this section applies may
contribute to the Thrift Savings Fund, in accordance with
this subsection, an amount not to exceed the amount described
in paragraph (2).
``(2) The maximum amount which an employee may contribute
under this subsection is equal to--
``(A) the contributions under section 8432(a) which would
have been made, over the period beginning on date of
separation or commencement of leave-without-pay status (as
applicable) and ending on the day before the date of
restoration or reemployment (as applicable); reduced by
``(B) any contributions under section 8432(a) actually made
by such employee over the period described in subparagraph
(A).
``(3) Contributions under this subsection--
``(A) shall be made at the same time and in the same manner
as would any contributions under section 8432(a);
``(B) shall be made over the period of time specified by
the employee under paragraph (4)(B); and
``(C) shall be in addition to any contributions then
actually being made under section 8432(a).
``(4) The Executive Director shall prescribe the time,
form, and manner in which an employee may specify--
``(A) the total amount such employee wishes to contribute
under this subsection with respect to any particular period
referred to in paragraph (2)(B); and
``(B) the period of time over which the employee wishes to
make contributions under this subsection.
The employing agency may place a maximum limit on the period
of time referred to in subparagraph (B), which cannot be
shorter than two times the period referred to in paragraph
(2)(B) and not longer than four times such period.
``(c) If an employee makes contributions under subsection
(b), the employing agency shall make contributions to the
Thrift Savings Fund on such employee's behalf--
``(1) in the same manner as would be required under section
8432(c)(2) if the employee contributions were being made
under section 8432(a); and
``(2) disregarding any contributions then actually being
made under section 8432(a) and any agency contributions
relating thereto.
``(d) An employee to whom this section applies is entitled
to have contributed to the Thrift Savings Fund on such
employee's behalf an amount equal to--
``(1) 1 percent of such employee's basic pay (as determined
under subsection (e)) for the period referred to in
subsection (b)(2)(B); reduced by
``(2) any contributions actually made on such employee's
behalf under section 8432(c)(1) with respect to the period
referred to in subsection (b)(2)(B).
``(e) For purposes of any computation under this section,
an employee shall, with respect to the period referred to in
subsection (b)(2)(B), be considered to have been paid at the
rate which would have been payable over such period had such
employee remained continuously employed in the position which
such employee last held before separating or entering leave-
without-pay status to perform military service.
``(f)(1) The employing agency may be required to pay lost
earnings on contributions made pursuant to subsections (c)
and (d). Such earnings, if required, shall be calculated
retroactively to the date the contribution would have been
made had the employee not separated or entered leave without
pay status to perform military service.
``(2) Procedures for calculating and crediting the earnings
payable pursuant to paragraph (1) shall be prescribed by the
Executive Director.
``(g) Amounts paid under subsection (c), (d), or (f) shall
be paid--
``(1) by the agency to which the employee is restored or in
which such employee is reemployed;
``(2) from the same source as would be the case under
section 8432(e) with respect to sums required under section
8432(c); and
``(3) within the time prescribed by the Executive Director.
``(h)(1) For purposes of section 8432(g), in the case of an
employee to whom this section applies--
``(A) a separation from civilian service in order to
perform the military service on which the employee's
restoration or reemployment rights are based shall be
disregarded; and
``(B) such employee shall be credited with a period of
civilian service equal to the period referred to in
subsection (b)(2)(B).
``(2)(A) An employee to whom this section applies may
elect, for purposes of section 8433(d), or paragraph (1) or
(2) of section 8433(h), as the case may be, to have such
employee's separation (described in subsection (a)(1))
treated as if it had never occurred.
``(B) An election under this paragraph shall be made within
such period of time after restoration or reemployment (as the
case may be) and otherwise in such manner as the Executive
Director prescribes.
``(i) The Executive Director shall prescribe regulations to
carry out this section.''.
[[Page 1897]]
(2) The table of sections for chapter 84 of title 5, United
States Code, is amended by inserting after the item relating
to section 8432a the following:
``8432b. Contributions of persons who perform military service.''.
(b) Preservation of Certain Rights.--(1) Section 8433(d) of
title 5, United States Code, is amended by striking
``subsection (e).'' and inserting ``subsection (e), unless an
election under section 8432b(h)(2) is made to treat such
separation for purposes of this subsection as if it had never
occurred.''.
(2) Paragraphs (1) and (2) of section 8433(h) are each
amended by striking the period at the end and inserting ``,
or unless an election under section 8432b(h)(2) is made to
treat such separation for purposes of this paragraph as if it
had never occurred.''.
(c) Election To Resume Regular Contributions Upon
Restoration or Reemployment.--Section 8432 of title 5, United
States Code, is amended by adding at the end the following:
``(i)(1) This subsection applies to any employee--
``(A) to whom section 8432b applies; and
``(B) who, during the period of such employee's absence
from civilian service (as referred to in section
8432b(b)(2)(B))--
``(i) is eligible to make an election described in
subsection (b)(1); or
``(ii) would be so eligible but for having either elected
to terminate individual contributions to the Thrift Savings
Fund within 2 months before commencing military service or
separated in order to perform military service.
``(2) The Executive Director shall prescribe regulations to
ensure that any employee to whom this subsection applies
shall, within a reasonable time after being restored or
reemployed (in the manner described in section 8432b(a)(2)),
be afforded the opportunity to make, for purposes of this
section, any election which would be allowable during a
period described in subsection (b)(1)(A).''.
(d) Applicability to Employees Under CSRS.--Section 8351(b)
of title 5, United States Code, is amended by adding at the
end the following:
``(11) In applying section 8432b to an employee
contributing to the Thrift Savings Fund after being restored
to or reemployed in a position subject to this subchapter,
pursuant to chapter 43 of title 38--
``(A) any reference in such section to contributions under
section 8432(a) shall be considered a reference to employee
contributions under this section;
``(B) the contribution rate under section 8432b(b)(2)(A)
shall be the maximum percentage allowable under subsection
(b)(2) of this section; and
``(C) subsections (c) and (d) of section 8432b shall be
disregarded.''.
(e) Effective Date; Applicability.--This section and the
amendments made by this section--
(1) shall take effect on the date of enactment of this Act;
and
(2) shall apply to any employee whose release from military
service, discharge from hospitalization, or other similar
event making the individual eligible to seek restoration or
reemployment under chapter 43 of title 38, United States
Code, occurs on or after August 2, 1990.
(f) Rules for Applying Amendments to Employees Restored or
Reemployed Before Effective Date.--In the case of any
employee (described in subsection (e)(2)) who is reemployed
or restored (in the circumstances described in section
8432b(a) of title 5, United States Code, as amended by this
section) before the date of enactment of this Act, the
amendments made by this section shall apply to such employee,
in accordance with their terms, subject to the following:
(1) The employee shall be deemed not to have been
reemployed or restored until--
(A) the date of enactment of this Act, or
(B) the first day following such employee's reemployment or
restoration on which such employee is or was eligible to make
an election relating to contributions to the Thrift Savings
Fund,
whichever occurs or occurred first.
(2) If the employee changed agencies during the period
between date of actual reemployment or restoration and the
date of enactment of this Act, the employing agency as of
such date of enactment shall be considered the reemploying or
restoring agency.
(3)(A) For purposes of any computation under section 8432b
of such title, pay shall be determined in accordance with
subsection (e) of such section, except that, with respect to
the period described in subparagraph (B), actual pay
attributable to such period shall be used.
(B) The period described in this subparagraph is the period
beginning on the first day of the first applicable pay period
beginning on or after the date of the employee's actual
reemployment or restoration and ending on the day before the
date determined under paragraph (1).
(4) Deem section 8432b(b)(2)(A) of such title to be amended
by striking ``ending on the day before the date of
restoration or reemployment (as applicable)'' and inserting
``ending on the date determined under section 4(f)(1) of the
Uniformed Services Employment and Reemployment Rights Act of
1994''.
SEC. 5. REVISION OF FEDERAL CIVIL SERVICE RETIREMENT BENEFIT
PROGRAM FOR RESERVISTS.
(a) Creditable Military Service Under CSRS.--Section
8331(13) of title 5, United States Code, is amended in the
flush matter by inserting ``or full-time National Guard duty
(as such term is defined in section 101(d) of title 10) if
such service interrupts creditable civilian service under
this subchapter and is followed by reemployment in accordance
with chapter 43 of title 38 that occurs on or after August 1,
1990'' before the semicolon.
(b) Pay Deductions for Military Service Under CSRS.--
Section 8334(j) of such title is amended--
(1) in paragraph (1)--
(A) by striking ``Each employee'' and inserting ``(A)
Except as provided in subparagraph (B), each employee''; and
(B) by adding at the end the following:
``(B) In any case where military service interrupts
creditable civilian service under this subchapter and
reemployment pursuant to chapter 43 of title 38 occurs on or
after August 1, 1990, the deposit payable under this
paragraph may not exceed the amount that would have been
deducted and withheld under subsection (a)(1) from basic pay
during civilian service if the employee had not performed the
period of military service.''; and
(2) in paragraph (2), immediately before the comma at the
end of subparagraph (B), by inserting ``following the period
of military service for which such deposit is due''.
(c) Creditable Military Service Under FERS.--Section
8401(31) of such title is amended in the flush matter by
inserting ``or full-time National Guard duty (as such term is
defined in section 101(d) of title 10) if such service
interrupts creditable civilian service under this subchapter
and is followed by reemployment in accordance with chapter 43
of title 38 that occurs on or after August 1, 1990'' before
the semicolon.
(d) Pay Deductions for Military Service Under FERS.--
Section 8422(e) of such title is amended--
(1) in paragraph (1)--
(A) by striking ``Each employee'' and inserting ``(A)
Except as provided in subparagraph (B), each employee''; and
(B) by adding at the end the following:
``(B) In any case where military service interrupts
creditable civilian service under this subchapter and
reemployment pursuant to chapter 43 of title 38 occurs on or
after August 1, 1990, the deposit payable under this
paragraph may not exceed the amount that would have been
deducted and withheld under subsection (a)(1) from basic pay
during civilian service if the employee had not performed the
period of military service.''; and
(2) in paragraph (2), immediately before the comma at the
end of subparagraph (B), by inserting ``following the period
of military service for which such deposit is due''.
(e) Technical Amendments.--Title 5, United States Code, is
amended as follows:
(1) In section 8401(11), by striking out ``1954'' in the
flush matter above clause (i) and inserting in lieu thereof
``1986''.
(2) In section 8422(a)(2)(A)(ii), by striking out ``1954''
and inserting in lieu thereof ``1986''.
(3) In section 8432(d), by striking out ``1954'' in the
first sentence and inserting in lieu thereof ``1986''.
(4) In section 8433(i)(4), by striking out ``1954'' and
inserting in lieu thereof ``1986''.
(5) In section 8440--
(A) by striking out ``1954'' in subsection (a) and
inserting in lieu thereof ``1986''; and
(B) by striking out ``1954'' in subsection (c) and
inserting in lieu thereof ``1986''.
SEC. 6. TECHNICAL AMENDMENT.
(a) Technical Amendment.--Section 9(d) of Public Law 102-16
(105 Stat. 55) is amended by striking out ``Act'' the first
place it appears and inserting in lieu thereof ``section''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as if included in Public Law 102-16 to
which such amendment relates.
SEC. 7. INCREASE IN AMOUNT OF LOAN GUARANTY FOR LOANS FOR THE
PURCHASE OR CONSTRUCTION OF HOMES.
Subparagraphs (A)(i)(IV) and (B) of section 3703(a)(1) of
title 38, United States Code, are each amended by striking
out ``$46,000'' and inserting in lieu thereof ``$50,750''.
SEC. 8. TRANSITION RULES AND EFFECTIVE DATES.
(a) Reemployment.--(1) Except as otherwise provided in this
Act, the amendments made by this Act shall be effective with
respect to reemployments initiated on or after the first day
after the 60-day period beginning on the date of enactment of
this Act.
(2) The provisions of chapter 43 of title 38, United States
Code, in effect on the day before such date of enactment,
shall continue to apply to reemployments initiated before the
end of such 60-day period.
(3) In determining the number of years of service that may
not be exceeded in an employee-employer relationship with
respect to which a person seeks reemployment under chapter 43
of title 38, United States Code, as in effect before or after
the date of enactment of this Act, there shall be included
all years of service without regard to whether the periods of
service occurred before or after such date of enactment
unless the period of service is exempted by the chapter 43
that is applicable, as provided in paragraphs (1) and (2), to
the reemployment concerned.
(4) A person who initiates reemployment under chapter 43 of
title 38, United States Code, during or after the 60-day
period beginning on the date of enactment of this Act and
whose reemployment is made in connection with a period of
service in the uniform services that was initiated before the
end of such period shall be deemed to have satisfied
[[Page 1898]]
the notification requirement of section 4312(a)(1) of title
38, United States Code, as provided in the amendments made by
this Act, if the person complied with any applicable notice
requirement under chapter 43, United States Code, as in
effect on the day before the date of enactment of this Act.
(b) Discrimination.--The provisions of section 4311 of
title 38, United States Code, as provided in the amendments
made by this Act, and the provisions of subchapter III of
chapter 43 of such title, as provided in the amendments made
by this Act, that are necessary for the implementation of
such section 4311 shall become effective on the date of
enactment of this Act.
(c) Insurance.--(1) The provisions of section 4316 of title
38, United States Code, as provided in the amendments made by
this Act, concerning insurance coverage (other than health)
shall become effective with respect to furloughs or leaves of
absence initiated on or after the date of enactment of this
Act.
(2) With respect to the provisions of section 4317 of title
38, United States Code, as provided in the amendments made by
this Act, a person on active duty on the date of enactment of
this Act, or a family member or personal representative of
such person, may, after the date of enactment of this Act,
elect to reinstate or continue a health plan as provided in
such section 4317. If such an election is made, the health
plan shall remain in effect for the remaining portion of the
18-month period that began on the date of such person's
separation from civilian employment or the period of the
person's service in the uniformed service, whichever is the
period of lesser duration.
(d) Disability.--(1) Section 4313(a)(3) of chapter 43 of
title 38, United States Code, as provided in the amendments
made by this Act, shall apply to reemployments initiated on
or after August 1, 1990.
(2) Effective as of August 1, 1990, section 4307 of title
38, United States Code (as in effect on the date of enactment
of this Act), is repealed, and the table of sections at the
beginning of chapter 43 of such title (as in effect on the
date of enactment of this Act) is amended by striking out the
item relating to section 4307.
(e) Investigations and Subpoenas.--The provisions of
section 4326 of title 38, United States Code, as provided in
the amendments made by this Act, shall become effective on
the date of the enactment of this Act and apply to any matter
pending with the Secretary of Labor under section 4305 of
title 38, United States Code, as of that date.
(f) Previous Actions.--Except as otherwise provided, the
amendments made by this Act do not affect reemployments that
were initiated, rights, benefits, and duties that matured,
penalties that were incurred, and proceedings that begin
before the end of the 60-day period referred to in subsection
(a).
(g) Rights and Benefits Relative to Notice of Intent Not to
Return.--Section 4316(b)(2) of title 38, United States Code,
as added by the amendments made by this Act, applies only to
the rights and benefits provided in section 4316(b)(1)(B) and
does not apply to any other right or benefit of a person
under chapter 43 of title 38, United States Code. Such
section shall apply only to persons who leave a position of
employment for service in the uniformed services more than 60
days after the date of enactment of this Act.
(h) Employer Pension Benefit Plans.--(1) Nothing in this
Act shall be construed to relieve an employer of an
obligation to provide contributions to a penison plan (or
provide pension benefits), or to relieve the obligation of a
pension plan to provide pension benefits, which is required
by the provisions of chapter 43 of title 38, United States
Code, in effect on the day before this Act takes effect.
(2) If any employee pension benefit plan is not in
compliance with section 4318 of such title or paragraph (1)
of this subsection on the date of enactment of this Act, such
plan shall have two years to come into compliance with such
section and paragraph.
(i) Definition.--For the purposes of this section, the term
``service in the uniformed services'' shall have the meaning
given such term in section 4303(13) of title 38, United
States Code, as provided in the amendments made by this Act.
A motion to reconsider the vote whereby said Senate amendment was
agreed to with an amendment was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
Para. 106.34 leave of absence
By unanimous consent, leave of absence was granted to Mr. YATES, for
today.
And then,
Para. 106.35 adjournment
On motion of Mr. BROWN of California, pursuant to the special order
heretofore agreed to, at 5 o'clock and 5 minutes p.m., the House
adjourned until 10 o'clock a.m. on Friday, September 16, 1994.
Para. 106.36 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. DINGELL: Committee on Energy and Commerce. H.R. 2919. A
bill to amend the Public Health Service Act to authorize a
national program to reduce the threat to human health posed
by exposure to contaminants in the air indoors; with an
amendment (Rept. No. 103-719). Referred to the Committee of
the Whole House on the state of the Union.
Para. 106.37 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. HAMILTON:
H.R. 5030. A bill to amend the Foreign Assistance Act of
1961 to make certain corrections relating to international
narcotics control activities, and for other purposes; to the
Committee on Foreign Affairs.
By Mr. SAWYER:
H.R. 5031. A bill to extend the deadline under the Federal
Power Act applicable to the construction of a hydroelectric
project in the State of Ohio; to the Committee on Energy and
Commerce.
By Mr. BREWSTER (for himself and Mr. McCrery):
H.R. 5032. A bill to amend the Internal Revenue Code of
1986 to reduce the rate of the estate tax imposed on family-
owned business interests; to the Committee on Ways and Means.
By Mr. BAKER of Louisiana (for himself, Mr. Sarpalius,
Mr. Bartlett of Maryland, Mr. Hamilton, Mr.
McCloskey, Mr. Combest, Mr. Ramstad, Mr. Kyl, Mr.
Stump, Mr. Fields of Texas, Mr. Barcia of Michigan,
Mr. Hancock, Mr. Poshard, Mr. Grams, Mr. Crane, Mr.
Myers of Indiana, Mr. Kolbe, Mr. Gene Green of Texas,
Mr. Callahan, Mr. Roberts, Mr. Thomas of Wyoming, and
Mr. Goodlatte):
H.R. 5033. A bill to eliminate the administrative authority
to prohibit the possession or transfer of particular assault
weapons; to the Committee on the Judiciary.
By Mr. BERMAN (for himself and Ms. Snowe):
H.R. 5034. A bill to make certain technical amendments
relating to the State Department Basic Authorities Act of
1956, the United States Information and Educational Exchange
Act of 1948, and other provisions of law; to the Committee on
Foreign Affairs.
By Ms. ENGLISH of Arizona:
H.R. 5035. A bill to authorize the Secretary of Agriculture
to establish and collect recreation use fees on a temporary
basis in connection with the recreational use of the
Roosevelt Lake Recreation Area in the Tonto National Forest
in the State of Arizona; to the Committee on Natural
Resources.
By Mr. GEJDENSON:
H.R. 5036. A bill to enhance access to the benefits of the
earned income tax credit by expanding the electronic filing
of income tax returns by nonprofit organizations on behalf of
individuals eligible for such credit, and for other purposes;
to the Committee on Ways and Means.
By Mr. GEKAS:
H.R. 5037. A bill to establish a Bipartisan Health Care
Reform Commission to analyze and make recommendations
concerning health care reform; jointly, to the Committee on
Energy and Commerce, Ways and Means, Armed Services, Post
Office and Civil Service, Education and Labor, Veterans'
Affairs, and Rules.
By Mr. GREENWOOD (for himself and Mrs. Meyers of
Kansas):
H.R. 5038. A bill to amend the United States Housing Act of
1937 to require certain legal aliens to reside in the United
States for a period of 5 consecutive years to be eligible for
a preference for occupancy in public housing or for the
provision of rental housing assistance; to the Committee on
Banking, Finance and Urban Affairs.
By Mr. GREENWOOD:
H.R. 5039. A bill to require unmarried minors who are
parents or pregnant to live under adult supervision as a
condition of receiving certain welfare benefits, to provide
incentives for the establishment by the private sector of
homes for such minors, and to provide for rehabilitation
grants for housing and services facilities; jointly, to the
Committees on Ways and Means; Banking, Finance and Urban
Affairs; Education and Labor; Energy and Commerce; and
Agriculture.
By Mr. KLINK:
H.R. 5040. A bill to authorize a program of grants to
improve the quality of technical education in manufacturing
and other vocational technologies; to the Committee on
Education and Labor.
By Mr. McCOLLUM (for himself, Mr. Machtley, Mr. Frank
of Massachusetts, Mr. McCloskey, and Mr. Schumer):
H.R. 5041. A bill to amend the Immigration and Nationality
Act to continue the visa waiver pilot program and to
authorize, under certain conditions, the creation of a
probationary status for certain participants in the visa
waiver pilot program; to the Committee on the Judiciary.
By Mr. MILLER of Florida:
H.R. 5042. A bill to limit the accrual of pension benefits
for Members of Congress to 12 years of service, and for other
purposes; jointly, to the Committees on Post Office and Civil
Service and House Administration.
By Mr. MURPHY:
H.R. 5043. A bill to amend title 10, United States Code, to
establish procedures for determining that status of certain
missing
[[Page 1899]]
members of the Armed Forces and certain other civilians, and
for other purposes; to the Committee on Armed Services.
By Mr. VENTO (for himself, Mr. Neal of Massachusetts,
Mr. Boucher, Mr. Mollohan, Mr. Torkildsen, Mr.
Derrick, Mr. Hinchey, Mr. Gilman, Mr. Barlow, Mr.
Blute, Mr. McNulty, Mr. Fish, Mr. Hamilton, Mr.
McCloskey, Mr. Coyne, Mr. Reed, Mr. Johnson of
Georgia, Mr. Regula, Mr. Sawyer, Mr. Wolf, Mr. Brown
of Ohio, Mr. Traficant, Mr. Hoke, Mr. Fingerhut, Mr.
Strickland, Mr. Gillmor, Mr. Hall of Ohio, Mrs.
Unsoeld, Mr. Stokes, and Mr. Rahall):
H.R. 5044. A bill to establish the American Heritage Areas
Partnership Program, and for other purposes; to the Committee
on Natural Resources.
By Mr. TALENT:
H.J. Res. 409. Joint resolution designating October 23,
1994, through October 31, 1994, as ``National Red Ribbon Week
for a Drug-Free America''; to the Committee on Post Office
and Civil Service.
By Mr. MILLER of Florida:
H. Res. 530. Resolution providing that the House should not
consider health care legislation in violation of section 252
of the Balanced Budget and Emergency Deficit Control Act of
1985 or any health care legislation that amends or supersedes
that section; to the Committee on Rules.
Para. 106.38 memorials
Under clause 4 of rule XXII,.
478. The SPEAKER presented a memorial of the Legislature of
the State of Louisiana, relative to Medicaid funds; which was
referred, jointly, to the Committees on Foreign Affairs and
Energy and Commerce.
Para. 106.39 private bills and resolutions
Under clause 1 of rule XXII,
Mr. HOEKSTRA introduced a bill (H.R. 5045) to authorize the
Secretary of Transportation to issue a certificate of
documentation with appropriate endorsement for employment in
the coastwise trade for the vessel Andrew J.; which was
referred to the Committee on Merchant Marine and Fisheries.
Para. 106.40 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 250: Mr. Baker of California.
H.R. 417: Mr. Levy, Mr. Rohrabacher, Mr. Lightfoot, and Mr.
Andrews of New Jersey.
H.R. 507: Mr. Quinn.
H.R. 539: Mr. Livingston.
H.R. 702: Mr. Packard.
H.R. 780: Mr. McCloskey.
H.R. 1110: Mr. Canady, Mr. Dornan, and Mr. Bachus of
Alabama.
H.R. 1172: Mr. Stupak.
H.R. 1304: Mr. Hinchey.
H.R. 1500: Ms. Cantwell, Mr. Coleman, Ms. DeLauro, Mr.
Jacobs, Mr. Kennedy, Mr. Lewis of Georgia, and Mr. Rangel.
H.R. 1551: Mrs. Meyers of Kansas.
H.R. 1793: Mr. Romero-Barcelo.
H.R. 2088: Mr. Moorhead, Mr. Payne of Virginia, Mr.
Sarpalius, and Mr. Watt.
H.R. 2467: Mr. Andrews of Texas, Mr. Bryant, Mr. Mineta,
and Mr. Jefferson.
H.R. 2717: Mr. McCrery.
H.R. 3488: Mr. Combest, Mr. Quinn, Mr. McInnis, Mr.
Rohrabacher, Mr. Sundquist, Mr. Blute, and Mr. Levy.
H.R. 3835: Mr. McCrery.
H.R. 3871: Mr. Miller of Florida.
H.R. 3971: Mr. Holden, Mr. Wilson, Mr. Levy, and Mr.
Richardson.
H.R. 4132: Mr. Hastings.
H.R. 4142: Mr. Engel, Mr. Ackerman, Mr. Dornan, and Mr.
Cox.
H.R. 4198: Mr. Inhofe and Mr. Pombo.
H.R. 4210: Mr. Payne of New Jersey, Ms. Norton, Mr. Mica,
Mr. Hoke, Mr. Frost, Mr. Lipinski, Mr. Calvert, Mr. Hastings,
Mr. Frank of Massachusetts, Mr. Kopetski, Mr. Neal of North
Carolina, Mr. Schiff, Mrs. Byrne, Mrs. Johnson of
Connecticut, and Mr. McNulty.
H.R. 4225: Mr. Frost and Mr. Levy.
H.R. 4326: Mr. Cardin and Mr. Lewis of Georgia.
H.R. 4411: Mr. Thompson.
H.R. 4497: Mr. Gunderson, Mr. Abercrombie, Mrs. Clayton,
Mr. Goss, Ms. Roybal-Allard, Ms. Long, Mr. Gilchrest, Mr.
Brown of Ohio, Mr. Baker of Louisiana, Mr. Kildee, Mr.
McHugh, Mr. Houghton, Mr. Quinn, Mr. LaFalce, Ms. Pryce of
Ohio, and Mr. Shaw.
H.R. 4517: Mr. Gene Green of Texas.
H.R. 4548: Mrs. Mink of Hawaii and Ms. Waters.
H.R. 4557: Mr. Wilson.
H.R. 4570: Mr. Coppersmith and Mr. Studds.
H.R. 4646: Mr. Darden.
H.R. 4698: Mr. DeFazio.
H.R. 4708: Mr. Thompson.
H.R. 4779: Mr. Greenwood, Mr. Holden, Mr. McHale, and Mr.
Rogers.
H.R. 4792: Mr. Zeliff.
H.R. 4810: Mr. LaFalce.
H.R. 4826: Mr. Combest and Mr. Packard.
H.R. 4830: Mr. Hefley.
H.R. 4831: Mr. McCollum and Mr. Everett.
H.R. 4891: Mr. Coleman.
H.R. 4912: Mr. Dellums, Mr. Flake, Mr. Payne of New Jersey,
Mr. Edwards of Texas, Mr. Poshard, Mr. Wise, and Mr. Rogers.
H.R. 4936: Mr. Thomas of Wyoming, Mr. Pastor, and Mr.
Gallegly.
H.R. 4953: Mr. Gallegly, Mr. Packard, Mr. Calvert, Mr.
Royce, Mr. Doolittle, and Mr. Cunningham.
H.R. 4955: Mr. Frost.
H.R. 4964: Mr. Hilliard.
H.R. 4971: Mr. Schumer.
H.R. 4977: Mrs. Morella.
H.R. 4978: Mrs. Morella.
H.R. 4979: Mrs.Morella.
H.R. 4997: Mrs. Schroeder, Mr. Mineta, Mr. Becerra, Mr.
Dixon, Mr. Shays, Mr. Revenel, and Mr. Yates.
H.R. 4998: Mr. Herger, Mr. Hamilton, and Mr. Baesler.
H.J. Res. 113: Mr. Shuster.
H.J. Res. 324: Mr. Hayes.
H.J. Res. 332: Mr. Goodlatte, Mr. Farr, and Mr. Gunderson.
H.J. Res. 384: Mr. McDade, Mr. Borski, Mr. Kasich, Mr. Neal
of Massachusetts, Mr. Meeham, Mr. Emerson, Mr. Hughes, and
Mr. Leach.
H.J. Res. 397: Mr. Mineta, Mr. Flake, Mr. Pallone, Ms.
McKinney, Mr. Tejeda, Mr. Lewis of California, Mr. Waxman,
Mr. Bilbray, Mr. Evans, Mr. Revenel, Mr. Martinez, Mr. Olver,
Mr. Quillen, Ms. Eddie Bernice Johnson of Texas, Mr. Owens,
Mr. Inslee, Mr. Faleomavaega, Mr. Meeham, Mr. Deutsch, Mr.
Engel, Mr. Baker of California, Mr. Becerra, Mr. Kennedy, and
Mr. Schumer.
H.J. Res. 398: Mrs. Bentley, Mr. Bartlett of Maryland, Mr.
Hayes, Mr. Parker, Mr. Kasich, Mr. Bacchus of Florida, Mr.
Martinez, Mr. Underwood, Mr. Thomas of Wyoming, Mr. Dickey,
and Mr. Everett.
H.J. Res. 403: Mr. Fish, Mr. Boehlert, Mr. Schiff, Mr.
McCloskey, Mr. Ramstad, Mr. Gingrich, Mr. Engel, Mr. Hinchey,
and Mr. Lewis of California.
H. Con. Res. 35: Mr. Gordon, Mr. Lehman, Mr. Bacchus of
Florida, Mr. Browder, Mr. Hilliard, Mr. Brown of California,
Ms. Eshoo, Mr. Farr, Mr. Matsui, Mr. Mineta, Mr. Waxman, Mrs.
Meek of Florida, Mr. Darden, Mr. Deal, Mr. Johnson of
Georgia, Mr. Lewis of Georgia, Mr. Abercrombie, Mr. Barlow,
Mr. Markey, Mr. Meehan, Mr. Olver, Mr. Minge, Mr. Penny, Mr.
Sabo, Mr. Parker, Mr. Thompson, Mr. Clyburn, Mr. Spratt, Mr.
Frost, Mr. Gonzalez, Mr. Gene Green of Texas, Ms. Cantwell,
Mr. Torres, and Mr. Bishop.
H. Con. Res. 212: Mr. Cramer and Ms. Shepherd.
H. Con. Res. 223: Mr. Dellums, Mr. Thompson, and Mr. Gene
Green of Texas.
H. Con. Res. 234: Mr. Brown of Ohio, Mr. Fazio, Mr.
Hinchey, Mr. Sanders, and Mr. Stokes.
H. Con. Res. 243: Mr. Machtley and Mr. Darden.
H. Con. Res. 269: Mr. Goodling, Mr. Hoekstra, Mr. Hastert,
Mr. McInnis, Mr. Barrett of Nebraska, Mrs. Morella, and Mr.
Everett.
H. Con. Res. 280: Mr. Torricelli.
H. Con. Res. 281: Mr. McNulty, Mr. Andrews of New Jersey,
and Mr. Levy.
H. Res. 372: Mr. Hoekstra.
H. Res. 472: Ms. Molinari, Mr. Bachus of Alabama, Mr.
Royce, and Mr. McCrery.
Para. 106.41 petitions, etc.
Under clause 1 of rule XXII, petitions and papers were laid on the
Clerk's desk and referred as follows:
128. By the SPEAKER: A petition of Attorney General of
Washington, Olympia, WA, relative to health care; to the
Committee on Energy and Commerce.
129. Also, petition of President, Parliament of the
Republic of Croatia, relative to U.N. Protection Force in the
territory of the Republic of Croatia; to the Committee on
Foreign Affairs.
130. Also, petition of Asamblea Municipal, Aguadilla, PR,
relative to election of the President and Vice President of
the United States; to the Committee on Natural Resources.
.
FRIDAY, SEPTEMBER 16, 1994 (107)
Para. 107.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
RICHARDSON, who laid before the House the following communication:
September 16, 1994.
I hereby designate the Honorable Bill Richardson to act as
Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Para. 107.2 approval of the journal
The SPEAKER pro tempore, Mr. RICHARDSON, announced he had examined and
approved the Journal of the proceedings of Tuesday, September 13, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 107.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3829. A letter from the Secretary of Agriculture,
transmitting a draft of proposed legislation to amend the
Federal Meat Inspection Act, the Poultry Products Inspection
Act and animal quarantine laws to provide for improved public
health and food safety through the reduction of pathogens,
and for other purposes; to the Committee on Agriculture.
[[Page 1900]]
3830. A communication from the President of the United
States, transmitting his notification of the deployment of
United States forces to conduct operational missions to
restore the civilian government in Haiti, pursuant to 10
U.S.C. 673b(f) (H. Doc. 103-307); to the Committee on Armed
Services and ordered to be printed.
3831. A letter from the Board of Governors, Federal Reserve
System, transmitting the fifth annual report on the
assessment of the profitability of credit card operations of
depository institutions, pursuant to 15 U.S.C. 1637; to the
Committee on Banking, Finance and Urban Affairs.
3832. A letter from the Auditor, District of Columbia,
transmitting a copy of a report entitled ``Review of Public
Service Commission Agency Fund Deposits and Expenditures for
Fiscal Years 1992 and 1993'', pursuant to D.C. Code, section
47-117(d); to the Committee on the District of Columbia.
3833. A letter from the Commissioner, Department of
Education, transmitting the sixth annual report on dropout
rates in the United States in 1993; to the Committee on
Education and Labor.
3834. A letter from the Secretary, Department of Energy,
transmitting the second annual report on commercialization of
advanced light water reactor technology, pursuant to Public
Law 102-486, section 2123(b)(5) (106 Stat. 3084); to the
Committee on Energy and Commerce.
3835. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of
additional program proposals for purposes of Non-
Proliferation and Disarmament Fund activities, pursuant to 22
U.S.C. 5858; to the Committee on Foreign Affairs.
3836. A letter from the Director of Congressional Affairs,
U.S. Arms Control and Disarmament Agency, transmitting a
report on arms control treaty compliance by the successor
states to the Soviet Union and other nations that are parties
to arms control agreements with the United States, as well as
by the United States itself, pursuant to 22 U.S.C. 2592; to
the Committee on Foreign Affairs.
3837. A letter from Assistant Secretary of State for
Legislative Affairs, transmitting copies of the original
report of political contributions by Gabriel Guerra-
Mondragon, of the District of Columbia, to be Ambassador to
the Republic of Chile, and members of her family, pursuant to
22 U.S.C. 3944(b)(2); to the Committee on Foreign Affairs.
3838. A letter to the Assistant Secretary of State for
Legislative Affairs, transmitting copies of the original
report of political contributions by Charles E. Redman, of
Florida, to be Ambassador to the Federal Republic of Germany,
and members of his family, pursuant to 22 U.S.C. 3944(b)(2);
to the Committee on Foreign Affairs.
3839. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting copies of the original
report of political contributions by Marc Grossman, of
Virginia, to be Ambassador to the Republic of Turkey, and
members of his family, pursuant to 22 U.S.C. 3944(b)(2); to
the Committee on Foreign Affairs.
3840. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification that
the President proposes to exercise his authority under
section 610(a) of the Foreign Assistance Act of 1961 making
available funds providing economic assistance to Haiti; to
the Committee on Foreign Affairs.
3841. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a memorandum of
justification under section 610 of the Foreign Assistance Act
to support the Guatemala Peace Fund; to the Committee on
Foreign Affairs.
3842. A letter from the Director, U.S. Arms Control and
Disarmament Agency, transmitting the annual ``Report to
Congress on Arms Control, Nonproliferation and Disarmament
Studies'', pursuant to Public Law 100-213, section 4 (101
Stat. 1445); to the Committee on Foreign Affairs.
3843. A letter from the Director, Office of Management and
Budget, transmitting the annual report on its 1994 Federal
financial management status report and governmentwide 5-year
financial management plan, pursuant to Public Law 101-576,
section 301(a) (104 Stat. 2849); to the Committee on
Government Operations.
3844. A letter from the Deputy Associate Director for
Compliance, Department of the Interior, transmitting
notification of proposed refunds of excess royalty payments
in OCS areas, pursuant to 43 U.S.C. 1339(b); to the Committee
on Natural Resources.
3845. A letter from the Chief Justice of the Supreme Court,
transmitting notification of the beginning of the fall term
of the Court; to the Committee on the Judiciary.
3846. A letter from the Acting Assistant Secretary of the
Army (Civil Works) transmitting a letter from the Chief of
Engineers, Department of the Army dated July 1, 1994,
submitting a report with accompanying papers and
illustrations (H. Doc. No. 103-308); to the Committee on
Public Works and Transportation and ordered to be printed.
3847. A letter from the General Counsel, Department of the
Navy, transmitting a draft of proposed legislation to
authorize the transfer of naval vessels to certain foreign
countries; jointly, to the Committees on Armed Services and
Foreign Affairs.
3848. A letter from the Secretary of Defense, transmitting
a report on proposed obligations for the continuation of the
Belarus environmental restoration project, pursuant to 22
U.S.C. 5955; jointly, to the Committees on Foreign Affairs,
Armed Services, and Appropriations.
Para. 107.4 communication from the clerk--message from the senate
The SPEAKER pro tempore, Mr. RICHARDSON, laid before the House a
communication, which was read as follows:
Washington, DC,
September 14, 1994.
Hon. Thomas S. Foley,
The Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
clause 5 of rule III of the rules of the U.S. House of
Representatives, the Clerk received the following message
from the Secretary of the Senate on Wednesday, September 14,
1994 at 12:10 p.m.: that the Senate agreed to the conference
report on H.R. 3841.
With great respect, I am
Sincerely yours,
Donnald K. Anderson,
Clerk, U.S. House of Representatives.
Para. 107.5 subpoena
The SPEAKER pro tempore, Mr. RICHARDSON, laid before the House a
communication, which was read as follows:
U.S. House of Representatives, Subcommittee on Oversight
and Investigations of the Committee on Energy and
Commerce,
Washington, DC, September 14, 1994.
Hon. Thomas S. Foley,
Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to rule L (50) of the Rules of the House that the
Subcommittee on Oversight and Investigations has received a
subpoena for documents issued by the United States District
Court for the District of Columbia.
After consultation with the General Counsel, I have
determined that compliance with the entirety of the subpoena
is inconsistent with the privileges and precedents of the
House.
Sincerely,
John D. Dingell,
Chairman, Subcommittee on
Oversight and Investigations.
Para. 107.6 enrolled bill signed
Mr. ROSE, from the Committee on House Administration, reported that
that committee had examined and found truly enrolled a bill of the House
of the following title, which was thereupon signed by the Speaker:
H.R. 3841. An Act to amend the Bank Holding Company Act of
1956, the Revised Statutes of the United States, and the
Federal Deposit Insurance Act to provide for interstate
banking and branching.
Para. 107.7 bills presented to the president
Mr. ROSE, from the Committee on House Administration, reported that
that committee did on the following days present to the President, for
his approval, bills of the House of the following titles.
On September 12, 1994:
H.R. 3355. An Act to control and prevent crime.
On September 13, 1994:
H.R. 3474. An Act to reduce administrative requirements for
insured depository institutions to the extent consistent with
safe and sound banking practices, to facilitate the
establishment of community development financial institution,
and for other purposes.
And then,
Para. 107.8 adjournment
On motion of Ms. BYRNE, pursuant to the special order agreed to on
September 13, 1994, at 10 o'clock and 5 minutes, the House adjourned
until 12 o'clock noon on Monday, September 19, 1994.
Para. 107.9 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. DINGELL: Committee on Energy and Commerce. H.R. 4779. A
bill to amend the Solid Waste Disposal Act to authorize local
governments and Governors to restrict receipt of out-of-State
municipal solid waste, and for other purposes, with an
amendment (Rept. No. 103-720). Referred to the Committee of
the Whole House on the State of the Union.
Para. 107.10 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. ORTIZ (for himself, Mr. Studds and Mr. Weldon):
H.R. 5046. A bill to authorize appropriations for the
National Oceanic and Atmospheric Administration for fiscal
years 1994
[[Page 1901]]
and 1995, and for other purposes; jointly, to the Committees
on Merchant Marine and Fisheries and Science, Space, and
Technology.
Para. 107.11 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
479. By the SPEAKER: Memorial of the Senate of the State of
California, relative to the C-17 airlifter; to the Committee
on Armed Services.
480. Also, memorial of the Senate of the State of
California, relative to violence prevention; to the Committee
on Education and Labor.
481. Also, memorial of the Senate of the State of
California, relative to nursing facilities; to the Committee
on Energy and Commerce.
482. Also, memorial of the Senate of the State of
California, relative to human rights violations; to the
Committee on Foreign Affairs.
483. Also memorial of the Senate of the State of
California, relative to the Turkish invasion of Cyprus; to
the Committee on Foreign Affairs.
484. Also, memorial of the Senate of the State of
California, relative to unfunded Federal mandates; to the
Committee on Government Operations.
485. Also, memorial of the Senate of the State of
California, relative to the Territory of Guam; to the
Committee on Natural Resources.
486. Also, memorial of the Senate of the State of
California, relative to Major An Quy Nguyen; to the Committee
on the Judiciary.
487. Also, memorial of the Senate of the State of
California, relative to the 10th amendment to the
Constitution of the United States; to the Committee on the
Judiciary.
488. Also, memorial of the Senate of the State of
California, relative to the space station; to the Committee
on Science, Space, and Technology.
489. Also, memorial of the Senate of the State of
California, relative to taxation of Social Security benefits;
to the Committee on Ways and Means.
490. Also, memorial of the Senate of the State of
California, relative to the forest plan of the President of
the United States; jointly, to the Committees on Banking,
Finance and Urban Affairs and Public Works and
Transportation.
491. Also, memorial of the Senate of the State of
California, relative to the Railroad Retirement System;
jointly, to the Committees on Energy and Commerce and Ways
and Means.
492. Also, memorial of the Senate of the State of
California, relative to tobacco sales; jointly, to the
Committees on Ways and Means, Foreign Affairs, and Energy and
Commerce.
Para. 107.12 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 1374: Mr. Evans and Mr. Levy.
H.R. 3795: Mr. Cooper, Mr. Cox, Mrs. Morella, Mr.
Goodlatte, and Mr. Gordon.
H.R. 4057: Ms. Long, Mr. Lucas, and Mr. McCrery.
H.R. 4091: Mr. Hochbrueckner and Mr. Coleman.
H.R. 4530: Mr. Shays and Mr. Berman.
H.J. Res. 44: Mr. Darden.
H.J. Res. 268: Mr. Barca of Wisconsin.
H.J. Res. 401: Mr. Ackerman, Mr. Andrews of New Jersey, Mr.
Applegate, Mr. Bacchus of Florida, Mr. Barcia of Michigan,
Mr. Barrett of Wisconsin, Mrs. Bentley, Mr. Bilirakis, Mr.
Blackwell, Mr. Blute, Mr. Boehlert, Mr. Borski, Mr. Burton of
Indiana, Mr. Callahan, Mr. Clyburn, Mr. Coyne, Mr. Crane, Mr.
Dellums, Mr. Dingell, Mr. Dreier, Mr. Filner, Mr. Fish, Mr.
Ford of Tennessee, Mr. Gekas, Mr. Gilman, Mr. Gingrich, Mr.
Gonzalez, Mr. Gordon, Mr. Hoagland, Mr. Hoke, Mr. Holden, Mr.
Houghton, Mr. Hyde, Mr. Jacobs, Mr. Johnson of South Dakota,
Mrs. Kennelly, Mr. Kildee, Mr. King, Mr. Klein, Mr. Kreidler,
Mr. Lazio, Mr. Lehman, Mr. Levy, Mr. Lewis of Georgia, Mr.
Lightfoot, Mr. Lipinski, Mr. Livingston, Mr. Machtley, Mrs.
Maloney, Mr. Martinez, Mr. Matsui, Mr. McCloskey, Mr.
McDermott, Mr. Meehan, Mrs. Meek of Florida, Mr. Moakley, Mr.
Moran, Mr. Neal of Massachusetts, Mr. Olver, Mr. Owens, Mr.
Payne of New Jersey, Mr. Quinn, Mr. Ravenel, Mr. Reynolds,
Mr. Rohrabacher, Mr. Royce, Mr. Sabo, Mr. Saxton, Mr. Sawyer,
Mr. Schumer, Mr. Serrano, Mr. Sharp, Mr. Slattery, Mr.
Solomon, Mr. Tanner, Mr. Towns, Mr. Valentine, Mr. Volkmer,
Mr. Walsh, Mr. Weldon, and Mr. Wynn.
H.J. Res. 402: Mr. Martinez, Mr. LaFalce, and Mr. Filner.
H. Con. Res. 239: Mr. Gingrich, and Mr. Lazio.
H. Con. Res. 276: Mr. Dicks, Ms. Dunn, Mr. Holden, Mr.
Weldon, Mr. Slattery, Mr. McMillan, Mr. Bryant, Mrs.
Schroeder, Mr. Penny, Mr. Hayes, Mr. Lipinski, Mr. Shays, Mr.
Dellums, Mr. Abercrombie, Mr. Pastor, Mr. Barcia of Michigan,
Mrs. Byrne, Mr. Johnson of Georgia, Mr. Herger, Ms. Harman,
Mr. Hutchinson, Ms. Schenk, Ms. Shepherd, Ms. Long, Mr.
McKeon, Mr. Wyden, Mr. Manton, and Mr. Cardin.
.
MONDAY, SEPTEMBER 19, 1994 (108)
The House was called to order by the SPEAKER.
Para. 108.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
MONTGOMERY, who laid before the House the following communication:
Washington, DC,
September 19, 1994.
I hereby designate the Honorable G.V. (Sonny) Montgomery to
act as Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Para. 108.2 approval of the journal
The SPEAKER pro tempore, Mr. MONTGOMERY, announced he had examined and
approved the Journal of the proceedings of Friday, September 16, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 108.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3849. A communication from the President of the United
States, transmitting a request to make available
appropriations in budget authority for the Forest Service of
the Department of Agriculture, pursuant to Public Law 99-177,
section 251(b)(2)(D)(i) (H. Doc. No. 103-310); to the
Committee on Appropriations and ordered to be printed.
3850. A letter from the Director, Test and Evaluation,
Department of Defense, transmitting summaries outlining test
projects recommended for fiscal year 1995 funding as part of
the Foreign Comparative Testing Program, pursuant to 10
U.S.C. 2350a(g); to the Committee on Armed Services.
3851. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a copy of the
Secretary's determination and justification to exercise the
authority granted him under section 451 of the Foreign
Assistance Act of 1961, as amended, authorizing the use in
fiscal year 1993 and 1994 funds for assistance to support an
interim police and emergency economic reconstruction
assistance for Haiti, pursuant to 22 U.S.C. 2261(a)(2); to
the Committee on Foreign Affairs.
3852. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a copy of the
Secretary's determination and justification to exercise the
authority granted him under section 451 of the Foreign
Assistance Act of 1961, as amended, authorizing the use of
fiscal year 1994 funds for assistance to support police
monitors and international criminal investigative training
assistance program for Haiti, pursuant to 22 U.S.C.
2261(a)(2); to the Committee on Foreign Affairs.
3853. A communication from the President of the United
States, transmitting a report on the objectives and character
of the planned deployment of U.S. Armed Forces into Haiti,
pursuant to Public Law 103-139, section 8147(c) (H. Doc. No.
103-309); jointly, to the Committees on Foreign Affairs and
Appropriations, and ordered to be printed.
Para. 108.4 notice requirement--motion to instruct conferees--h.r. 4539
Mr. LIGHTFOOT, pursuant to clause 1(c) of rule XXVIII, announced his
intention to instruct the managers on the part of the House at the
conference with the Senate on the disagreeing votes of the two Houses on
the bill (H.R. 4539) making appropriations for the Treasury Department,
the United States Postal Service, the Executive Office of the President,
and certain Independent Agencies, for fiscal year ending September 30,
1994, and for other purposes, be instructed to insist on the provisions
contained in paragraphs 2 and 3 in Section 630(a) of said bill, with
respect to the pay of Members of Congress and the Executive Schedule.
Para. 108.5 william randall post office
Miss COLLINS of Michigan, moved to suspend the rules and pass the bill
(H.R. 4551) to designate the Post Office building located at 301 West
Lexington in Independence, Missouri, as ``William J. Randall Post
Office''; as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Miss COLLINS of
Michigan and Mr. GILMAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``A bill to
designate the United States Post Office
[[Page 1902]]
building located at 301 West Lexington Street in Independence, Missouri,
as the `William J. Randall Post Office'.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 108.6 fannie lou hamer post office
Miss COLLINS of Michigan, moved to suspend the rules and pass the bill
(H.R. 4452) to designate the Post Office building at 115 West Chester in
Ruleville, Mississippi, as the ``Fannie Lou Hamer United States Post
Office''; as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Miss COLLINS of
Michigan and Mr. GILMAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``A bill to
designate the United States Post Office building located at 115 North
Chester in Ruleville, Mississippi, as the `Fannie Lou Hamer Post
Office'.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 108.7 wilbert armstrong post office
Miss COLLINS of Michigan, moved to suspend the rules and pass the bill
(H.R. 4571) to designate the United States post office located at 103-
104 Estate Richmond in Saint Croix, Virgin Islands, as the ``Wilbert
Armstrong United States Post Office''; as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Miss COLLINS of
Michigan and Mr. GILMAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``A bill to
designate the United States Post Office building located at 103-104
Estate Richmond in Saint Croix, Virgin Islands, as the `Wilbert
Armstrong Post Office'.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 108.8 ubaldina simmons post office
Miss COLLINS of Michigan, moved to suspend the rules and pass the bill
(H.R. 4193) to designate the United States Post Office located at 100
Vester Gade, in Cruz Bay, Saint John, Virgin Islands, as the ``Ubaldina
Simmons United States Post Office''; as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Miss COLLINS of
Michigan and Mr. GILMAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``A bill to
designate the building located at 100 Vester Gade, in Cruz Bay, Saint
Thomas, Virgin Islands, for the period of time during which it houses
operations of the United States Postal Service, as the `Ubaldina Simmons
Post Office'.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 108.9 arturo r. watlington, sr., post office
Miss COLLINS of Michigan, moved to suspend the rules and pass the bill
(H.R. 4192) to designate the United States Post Office located at 100
Veterans Drive in Saint Thomas, Virgin Islands, as the ``Arturo R.
Watlington, Sr., United States Post Office''; as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Miss COLLINS of
Michigan and Mr. GILMAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``A bill to
designate the United States Post Office building located at 3000
Veterans Drive in Saint Thomas, Virgin Islands, as the `Arturo R.
Watlington, Sr. Post Office'.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 108.10 earle b. ottley post office
Miss COLLINS of Michigan, moved to suspend the rules and pass the bill
(H.R. 4194) to designate the United States Post Office located in the
Tutu Park Mall in Saint Thomas, Virgin Islands, as the ``Earle B. Ottley
United States Post Office''; as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Miss COLLINS of
Michigan and Mr. GILMAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``A bill to
designate the part of the facility located at 4605 Estata Tutu in Saint
Thomas, Virgin Islands, which houses operations of the United States
Postal Service as (for the period of time during which it houses such
operations) the `Earle B. Ottley Post Office'.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 108.11 state department authorization technical corrections
Mr. HAMILTON moved to suspend the rules and pass the bill (H.R. 5034)
to make certain technical amendments relating to the State Department
Basic Authorities Act of 1956, the United States Information and
Educational Exchange Act of 1948, and other provisions of law.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, recognized Mr.
HAMILTON and Mr. GILMAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
[[Page 1903]]
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 108.12 international narcotics control
Mr. HAMILTON moved to suspend the rules and pass the bill (H.R. 5030)
to amend the Foreign Assistance Act of 1961 to make certain corrections
relating to international narcotics control activities, and for other
purposes.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, recognized Mr.
HAMILTON and Mr. GILMAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 108.13 child abuse accountability
Ms. NORTON moved to suspend the rules and pass the bill (H.R. 3694) to
amend title 5, United States Code, to permit the garnishment of an
annuity under the Civil Service Retirement System or the Federal
Employees' Retirment System, if necessary to satisfy a judgment against
an annuitant for physically abusing a child; as amended.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, recognized Ms.
NORTON and Mr. GILMAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``A bill to
amend title 5, United States Code, to permit the garnishment of an
annuity under the Civil Service Retirement System or the Federal
Employees' Retirement System, if necessary to satisfy a judgment against
an annuitant for physically, sexually, or emotionally abusing a
child.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 108.14 federal employees family-friendly leave
Ms. NORTON moved to suspend the rules and pass the bill (H.R. 4361) to
amend title 5, United States Code, to provide that an employee of the
Federal Government may use sick leave to attend to the medical needs of
a family member; to modify the voluntary leave transfer program with
respect to employees who are members of the same family; and for other
purposes; as amended.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, recognized Ms.
NORTON and Mr. GILMAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 108.15 jerry l. litton united states post office building
On motion of Ms. NORTON, by unanimous consent, the bill (H.R. 1779) to
designate the facility of the United States Postal Service located at
401 South Washington Street in Chillicothe, Missouri, as the ``Jerry L.
Litton United States Post Office Building''; together with the following
amendments of the Senate thereto, was taken from the Speaker's table:
Page 2, after line 5, insert:
SEC. 3. TRAVEL AND TRANSPORTATION EXPENSES OF CERTAIN FEDERAL
CAREER APPOINTEES.
(a) In General.--Section 5724(a)(3) of title 5, United
States Code, is amended by striking out ``November 27, 1988''
and inserting in lieu thereof ``November 17, 1988''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as if included in the Technical and
Miscellaneous Civil Service Amendments Act of 1992 (Public
Law 102-378; 106 Stat. 1346; 5 U.S.C. 1101 note).
SEC. 4. TRAVEL AND TRANSPORTATION EXPENSES FOR FAMILY MEMBERS
OF CAREER APPOINTEES.
Paragraph (3) of section 5724(a) of title 5, United States
Code, is amended to read as follows:
``(3) upon the separation (or death in service) of a career
appointee, as defined in section 3132(a)(4) of this title,
the travel expenses of that individual (if applicable), the
transportation expenses of the immediate family of such
individual, and the expenses of moving (including
transporting, packing, crating, temporarily storing, draying,
and unpacking) the household goods of such individual and
personal effects not in excess of eighteen thousand pounds
net weight, to the place where the individual will reside
(or, in the case of a career appointee who dies in service or
who dies after separating but before the travel,
transportation, and moving is completed, to the place where
the family will reside) within the United States, its
territories or possessions, the Commonwealth of Puerto Rico,
or the areas and installations in the Republic of Panama made
available to the United States pursuant to the Panama Canal
Treaty of 1977 and related agreements, as described in
section 3(a) of the Panama Canal Act of 1979, if such
individual--
``(A) during or after the five years proceeding eligibility
to receive an annuity under subchapter III of chapter 83, or
of chapter 84 of this title, has been transferred in the
interest of the Government from one official station to
another for permanent duty as a career appointee in the
Senior Executive Service or as a director under section
4103(a)(8) of title 38 (as in effect on November 17, 1988);
and
``(B) is eligible to receive an annuity upon such
separation (or, in the case of death in service, met the
requirements for being considered eligible to receive an
annuity, as of date of death) under the provisions of
subchapter III of chapter 83 or chapter 84 of this title.''.
SEC. 5. EFFECTIVE DATE.
(a) In General.--This Act and the amendment made by this
Act shall take effect on October 1, 1994, or, if later, the
date of the enactment of this Act.
(b) Special Rule.--
(1) In general.--Under regulations prescribed by the
President or his designee, an agency shall, as appropriate,
pay or make reimbursement for any moving expenses which would
be payable under the provisions of section 5724(a)(3) of
title 5, United States Code, as amended by section 1 (but
which would not have been payable under such provisions, as
last in effect before so amended).
(2) Applicability.--The moving expenses to which this
subsection applies are those incurred by the family of an
individual who died--
(i) before separating from Government service; and
(ii) during the period beginning on January 1, 1994, and
ending on the effective date of this Act.
(3) Condition.--Payment or reimbursement under this
subsection may not be made except upon appropriate written
application submitted within 12 months after date on which
the regulations referred to in paragraph (1) take effect.
On motion of Ms. NORTON, said Senate amendments with the following
amendments were agreed to:
Page 3, lines 3 and 4, strike ``proceeding'' and insert
``preceding'' in lieu thereof.
Page 4, line 3, strike ``section 1'' and insert ``section
4'' in lieu thereof.
A motion to reconsider the vote whereby said Senate amendments with
amendments were agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendments.
Para. 108.16 alvaro de lugo united states post office
On motion of Ms. NORTON, by unanimous consent, the bill (H.R. 4190) to
designate the United States Post Office located at 41-42 Norre Gade In
Saint
[[Page 1904]]
Thomas, Virgin Islands, as the ``Alvaro de Lugo United States Post
Office; together with the following amendments of the Senate thereto,
was taken from the Speaker's table:
Page 2, after line 2, insert:
SEC. 3. EXTENSION OF EXCLUSIONARY AUTHORITY.
Section 1005(d) of title 39, United States Code, is
amended--
(1) by striking ``(d)'' and inserting ``(d)(1)''; and
(2) by adding at the end the following:
``(2) The provisions of subsection (g) of section 5532,
subsections (i) and (l)(2) of section 8344, and subsections
(f) and (i)(2) of section 8468 of title 5 shall apply with
respect to the Postal Service. For purposes of so applying
such provisions--
``(A) any reference in such provisions to the head of an
Executive agency shall be considered a reference to the
Postmaster General; and
``(B) any reference in such provisions to an employee shall
be considered a reference to an officer or employee of the
Postal Service.''.
SEC. 4. ASSIGNMENT AUTHORITY.
Section 8706(e) of title 5, United States Code, is
amended--
(1) by striking ``Federal judge'' and inserting ``employee
or former employee'';
(2) by striking ``judge's'' and inserting ``employee's or
former employee's''; and
(3) by striking ``purchase'' and inserting ``purchased''.
On motion of Ms. NORTON, said Senate amendments were agreed to.
A motion to reconsider the vote whereby said Senate amendments were
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 108.17 jobs through trade expansion act
Mr. GEJDENSON moved to suspend the rules and pass the bill (H.R. 4950)
to extend the authorities of the Overseas Private Investment
Corporation, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, recognized Mr.
GEJDENSON and Mr. ROTH, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 108.18 recess--3:28 p.m.
The SPEAKER pro tempore, Mr. de la GARZA, pursuant to clause 12 of
rule I, declared the House in recess at 3 o'clock and 28 minutes p.m,
until 5:00 p.m.
Para. 108.19 after recess--5:03 p.m.
The SPEAKER pro tempore, Mr. BARLOW, called the House to order.
Para. 108.20 african conflict resolution
Mr. JOHNSTON moved to suspend the rules and pass the bill (H.R. 4541)
to authorize assistance to promote the peaceful resolution of conflicts
in Africa; as amended.
The SPEAKER pro tempore, Mr. BARLOW, recognized Mr. JOHNSTON and Mr.
BURTON, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. BARLOW, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 108.21 order of business--consideration of h. con. res. 290
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That during the consideration today of House Concurrent
Resolution 290 under suspension of the rules, debate shall be limited to
one hour, equally divided and controlled by the Majority and Minority
Leaders or their designees.
Para. 108.22 haiti
Mr. GEPHARDT moved to suspend the rules and agree to the following
concurrent resolution (H. Con. Res. 290):
Whereas the special delegation sent to Haiti on September
17, 1994, has succeeded in convincing the de facto
authorities in Haiti to agree to leave power;
Whereas on September 18, 1994, after an agreement was
reached in Port-au-Prince that day, the President ordered the
present deployment of men and women of the United States
Armed Forces in and around Haiti;
Whereas the Congress and the people of the United States
have great pride in the men and women of the United States
Armed Forces and fully support them in all their efforts
overseas, including those in Haiti: Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That the Congress--
(1) commends the efforts of the President in sending former
President Jimmy Carter, retired General Colin Powell, and
Senator Sam Nunn to Haiti in an effort to avoid the loss of
American lives;
(2) fully supports the men and women of the United States
Armed Forces who are carrying out their mission in Haiti with
professional excellence and dedicated patriotism;
(3) supports the efforts of the President, through the
special delegation, to provide for the departure from power
of the de facto authorities and the return of democracy and
the rule of law in Haiti;
(4) affirms the commitment to national reconciliation and
adherence to the rule of law in Haiti; and
(5) supports an orderly withdrawal of all United States
Armed Forces as soon as possible.
Pursuant to the order of the House heretofore agreed to, the SPEAKER
pro tempore, Mr. BARLOW, recognized Mr. GEPHARDT and Mr. MICHEL, each
for 30 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution?
The SPEAKER announced that two-thirds of the Members present had voted
in the affirmative.
Mr. HAMILTON objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
353
Nays
45
When there appeared
<3-line {>
Answered present
2
Para. 108.23 [Roll No. 424]
YEAS--353
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Blackwell
Bliley
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Burton
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Cunningham
Danner
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Dreier
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Foglietta
Foley
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grandy
Green
Greenwood
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Holden
Horn
Houghton
Hoyer
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Knollenberg
Kolbe
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Levy
[[Page 1905]]
Lewis (CA)
Lewis (GA)
Lightfoot
Linder
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Quinn
Rahall
Ravenel
Reed
Regula
Richardson
Ridge
Roemer
Rogers
Rostenkowski
Rowland
Roybal-Allard
Royce
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Talent
Tanner
Tauzin
Taylor (MS)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Walsh
Watt
Waxman
Weldon
Wheat
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Young (AK)
Young (FL)
Zimmer
NAYS--45
Allard
Archer
Armey
Baker (LA)
Ballenger
Boehner
Bonilla
Bunning
Coble
Crane
Crapo
Doolittle
Dornan
Duncan
Fields (TX)
Grams
Gunderson
Herger
Hoekstra
Inglis
Istook
Johnson, Sam
Klug
Lewis (KY)
Livingston
Lucas
McCandless
McMillan
Packard
Petri
Quillen
Ramstad
Roberts
Rohrabacher
Roth
Roukema
Sensenbrenner
Skeen
Smith (OR)
Spence
Stump
Taylor (NC)
Vucanovich
Walker
Zeliff
ANSWERED ``PRESENT''--2
Buyer
Hoke
NOT VOTING--35
Applegate
Bishop
Clyburn
Darden
DeLay
Flake
Ford (MI)
Gallo
Gutierrez
Hochbrueckner
Huffington
Inhofe
Kyl
Laughlin
Lewis (FL)
Machtley
Meehan
Murphy
Murtha
Oxley
Pryce (OH)
Rangel
Reynolds
Ros-Lehtinen
Rose
Rush
Sharp
Slattery
Sundquist
Synar
Tucker
Washington
Waters
Whitten
Yates
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said concurrent resolution was agreed
to was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
Para. 108.24 notice requirement--motion to instruct conferees--h.r. 4539
Mr. ISTOOK, pursuant to clause 1(c) of rule XXVIII, announced his
intention to instruct the managers on the part of the House at the
conference with the Senate on the disagreeing votes of the two Houses on
the Senate amendments to the bill (H.R. 4539) making appropriations for
the Treasury Department, the United States Postal Service, the Executive
Office of the President, and certain Independent Agencies, for fiscal
year ending September 30, 1994, and for other purposes, to insist on
disagreement to the Senate amendments numbered 46 and 47 (relating to
the Administrative Conference of the United States and the Advisory
Commission on Intergovernmental Relations).
Para. 108.25 notice requirement--motion to instruct conferees--h.r. 4539
Mr. ISTOOK, pursuant to clause 1(c) of rule XXVIII, announced his
intention to instruct the managers on the part of the House at the
conference with the Senate on the disagreeing votes of the two Houses on
the Senate amendments to the bill (H.R. 4539) making appropriations for
the Treasury Department, the United States Postal Service, the Executive
Office of the President, and certain Independent Agencies, for fiscal
year ending September 30, 1994, and for other purposes, be instructed to
insist upon the provisions contained in the House bill relating to the
aggregate amount of funds provided for construction under `General
Services Administration - Federal Buildings Fund,' as provided on line
11, page 49, (including funds for sites and expenses and associated
design and construction services).
Para. 108.26 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. TUCKER, for today; and
To Ms. WATERS, for today.
And then,
Para. 108.27 adjournment
On motion of Mr. DORNAN, at 7 o'clock and 40 minutes p.m., the House
adjourned until 10:30 a.m., Tuesday, September 20, 1994.
Para. 108.28 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. CLAY: Committee on Post Office and Civil Service. H.R.
3694. A bill to amend title 5, United States Code, to permit
the garnishment of an annuity under the Civil Service
Retirement System or the Federal Employees' Retirement
System, if necessary to satisfy a judgment against an
annuitant for physically abusing a child; with amendments
(Rept. No. 103-721). Referred to the Committee of the Whole
House on the State of the Union.
Mr. CLAY: Committee on Post Office and Civil Service. H.R.
4361. A bill to amend title 5, United States Code, to provide
that an employee of the Federal Government may use sick leave
to attend to the medical needs of a family member; to modify
the voluntary leave transfer program with respect to
employees who are members of the same family; and for other
purposes; with amendments (Rept. No. 103-722). Referred to
the Committee of the Whole House on the State of the Union.
Mr. HAMILTON: Committee on Foreign Affairs. H.R. 4541. A
bill to authorize assistance to promote the peaceful
resolution of conflicts in Africa; with an amendment (Rept.
No. 103-723). Referred to the Committee of the Whole House on
the State of the Union.
Mr. HAMILTON: Committee of Foreign Affairs. H.R. 5030. A
bill to amend the Foreign Assistance Act of 1961 to make
certain corrections relating to international narcotics
control activities, and for other purposes. (Rept. No. 103-
724). Referred to the Committee of the Whole House on the
State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 4476. A bill to provide for the development of a plan
and a management review of the National Park System and to
reform the process by which areas are considered for addition
to the National Park System, and for other purposes (Rept.
No. 103-725). Referred to the Committee of the Whole House on
the State of the Union.
Mr. HAMILTON: Committee on Foreign Affairs. H.R. 4950. A
bill to extend the authorities of the Overseas Private
Investment Corporation, and for other purposes; with
amendments (Rept. No. 103-726). Referred to the Committee of
the Whole House on the State of the Union.
Mr. GONZALEZ: Committee on Banking, Finance and Urban
Affairs. H.R. 4926. A bill to require the Secretary of the
Treasury to identify foreign countries which may be denying
national treatment to U.S. banking organizations and to
assess whether any such denial may be having a significant
adverse effect on such organizations, and to require Federal
banking agencies to take such assessments into account in
considering applications by foreign banks under the
International Banking Act of 1978 and the Bank Holding
Company Act of 1956; with amendments (Rept. No.
103-727). Referred to the Committee of the Whole
House on the State of the Union.
Para. 108.29 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. UNDERWOOD:
H.R. 5047. A bill to provide for the establishment of a
commission to recommend a standardized honor code for the
three military service academies, the Senior Reserve
Officers' Training Corps, and officer candidate schools; to
the Committee on Armed Services.
By Mr. HOYER (for himself, Mr. Weldon, and Mr.
Boehlert):
H.R. 5048. A bill to save lives, prevent injuries, and
protect property through improved State and local fire safety
education; to the Committee on Science, Space, and
Technology.
By Mr. BATEMAN (for himself, Mr. Baker of California,
Mrs. Bentley, Mr. Bliley, Mr. Collins of Georgia,
[[Page 1906]]
Mr. DeLay, Mr. Emerson, Mr. Fields of Texas, Mr.
Fish, Mr. Gallegly, Mr. Gekas, Mr. Gilman, Mr.
Goodlatte, Mr. Hunter, Mr. Hutchinson, Mrs. Johnson
of Connecticut, Mr. Lewis of Florida, Mr. Lightfoot,
Mr. Livingston, Mr. McDade, Mr. McKeon, Mr. Moorhead,
Mr. Packard, Mr. Porter, Mr. Ravenel, Mr. Roberts,
Mr. Saxton, Mr. Schaefer, Ms. Snowe, Mr. Spence, Mr.
Stearns, Mr. Stump, Mr. Thomas of California, Mrs.
Vucanovich, Mr. Wolf, Mr. Bacchus of Florida, Mr.
Berman, Mr. Bilbray, Mr. Boucher, Mrs. Byrne, Mr. de
Lugo, Mr. Frost, Mr. Hastings, Mr. Hughes, Mr.
Johnson of South Dakota, Mr. Lipinski, Mr. Matsui,
Mr. Meehan, Mrs. Meek of Florida, Mr. Mineta, Mr.
Montgomery, Mr. Moran, Mr. Murphy, Mr. Neal of
Massachusetts, Mr. Payne of Virginia, Mr. Pickett,
Mr. Scott, Mr. Serrano, Mr. Sisisky, Mr. Spratt, Mr.
Tauzin, Mr. Towns, Mr. Watt, Mr. Wilson, Mr. Borski,
Mr. Jefferson, and Mr. LaFalce):
H.R. 5049. A bill to require the Secretary of the Treasury
to mint coins in commemoration of George Washington's boyhood
home; to the Committee on Banking, Finance and Urban Affairs.
By Mr. FAZIO (for himself, Mr. Miller of California,
and Mr. Richardson):
H.R. 5050. A bill to restore Federal recognition to the
Paskenta Band of Nomlaki Indians of California; to the
Committee on Natural Resources.
By Mr. KLEIN:
H.R. 5051. A bill to amend the Federal Deposit Insurance
Act to prohibit insured depository institutions from imposing
any fees with respect to certain deposits of rolled coins by
individuals who are not more than 16 years of age; to the
Committee on Banking, Finance and Urban Affairs.
By Ms. LAMBERT:
H.R. 5052. A bill to extend the deadline under the Federal
Power Act applicable to the construction of three
hydroelectric projects in the State of Arkansas; to the
Committee on Energy and Commerce.
By Mr. POMEROY:
H.R. 5053. A bill to expand eligibility for the Wetlands
Reserve Program to lands covered by expiring agreements under
the Water Bank Act; to the Committee on Agriculture.
By Mr. SANTORUM:
H.R. 5054. A bill to amend title 5, United States Code, to
conform the retirement coverage of Members and congressional
employees to that of employees of the executive branch;
jointly, to the Committees on House Administration and Post
Office and Civil Service.
By Mr. STENHOLM (for himself, Mr. Waxman, Mr. Brown of
California, and Mr. Farr):
H.R. 5055. A bill to amend the Federal Meat Inspection Act,
the Poultry Products Inspection Act, and animal quarantine
laws to provide for improved public health and food safety
through the reduction of pathogens, and for other purposes;
to the Committee on Agriculture.
By Mr. STENHOLM (for himself, Mr. Waxman, and Mr.
Dingell):
H.R. 5056. A bill to amend the Federal Food, Drug, and
Cosmetic Act to allow licensed veterinarians to order the
extra-label use of drugs in animals, and for other purposes;
to the Committee on Energy and Commerce.
By Mr. UPTON:
H.R. 5057. A bill to amend the Nuclear Waste Policy Act of
1982 to clarify the obligation of the Federal Government to
take title to and possession of high-level radioactive waste
and spent nuclear fuel and establish an interim spent nuclear
fuel storage facility, and for other purposes; jointly, to
the Committees on Natural Resources and Energy and Commerce.
By Mr. GEPHARDT (for himself and Mr. Michel):
H. Con. Res. 290 Concurrent resolution commending the
President and the special delegation to Haiti, and supporting
the U.S. Armed Forces in Haiti; Rules suspended, considered
and agreed to.
By Mr. ROBERTS:
H. Res. 531. Resolution to express the sense of the House
regarding the appropriate portrayal of men and women of the
Armed Forces in the upcoming National Air and Space Museum's
exhibit on the Enola Gay; to the Committee on House
Administration.
Para. 108.30 private bills and resolutions
Under clause 1 of rule XXII, private bills and resolutions were
introduced and severally referred as follows:
By Ms. CANTWELL:
H.R. 5058. A bill to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in coastwise trade in
Alaska for a limited period for the vessel Atlantis III; to
the Committee on Merchant Marine and Fisheries.
By Mr. GOSS:
H.R. 5059. A bill to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
for the vessel Finesse; to the Committee on Merchant Marine
and Fisheries.
Para. 108.31 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 65: Mr. bartlett of Maryland, Mr. Regula, and Mr.
Andrews of Maine.
H.R. 127: Mr. Hamilton, Ms. Molinari, Mr. Dornan, and Mr.
Myers of Indiana.
H.R. 163: Mr. Talent.
H.R. 303: Mr. Andrews of Maine.
H.R. 507: Mr. Inglis of South Carolina.
H.R. 702: Mr. Lancaster.
H.R. 799: Mr. Sawyer.
H.R. 1155: Mr. Kopetski.
H.R. 1276: Mr. Canady and Mr. Hall of Texas.
H.R. 1671: Mr. Neal of Massachusetts, Mr. Browder, and Mr.
Zimmer.
H.R. 1928: Mr. Sensenbrenner.
H.R. 2227: Mr. Coleman.
H.R. 2375: Mr. Dellums.
H.R. 2717: Mr. King.
H.R. 3023: Mr. Mazzoli, Mr. Gene Green of Texas, Mr. Upton,
Mr. Laughlin, Mr. Cox, Ms. Long, Ms. English of Arizona, Mr.
Bryant, Mr. Brooks, Mr. Hoagland, and Mr. Leach.
H.R. 3125: Mr. Dornan.
H.R. 3324: Mr. LaFalce.
H.R. 3526: Mr. Farr, Mr. Lewis of Georgia, Mr. Ravenel, and
Mrs. Roukema.
H.R. 3694: Mr. Nadler and Mr. Schiff.
H.R. 3706: Mr. Bacchus of Florida and Mr. Yates.
H.R. 3750: Ms. McKinney.
H.R. 3943: Mr. Lewis of Florida.
H.R. 3949: Mr. Coble.
H.R. 3951: Mr. Collins of Georgia.
H.R. 3978: Mr. Combest.
H.R. 3990: Mr. Jacobs.
H.R. 4000: Mr. Poshard.
H.R. 4086: Mr. Mineta, Mr. Miller of California, Mr. Coyne,
Ms. Norton, Mr. Synar, Mr. McDermott, Mr. Dellums, Mr. Lewis
of Georgia, Mr. Barlow, Ms. Eddie Bernice Johnson of Texas,
Mr. Yates, Mr. Menendez, Mr. Vento, Mr. Rogers, Mr.
Sanders, Mr. Porter, Mr. Sabo, Mr. Hinchey, Mr. Richardson,
Mr. Abercrombie, and Mr. Farr.
H.R. 4281: Mr. Miller of Florida.
H.R. 4361: Mr. Moran and Mr. Mfume.
H.R. 4474: Mr. Baker of California, Mr. Orton, Mr. LaRocco,
and Mr. Matsui.
H.R. 4507: Mr. Sangmeister and Mr. McCloskey.
H.R. 4557: Mr. Gingrich, Mr. Thomas of California, and Mr.
Michel.
H.R. 4610: Mr. Dellums, Mr. Skeen, Mr. Rahall, Mr. Wise,
Mr. Slattery, Mr. Hilliard, Mr. Bryant, Mr. Studds, Mr.
Sanders, Mr. Torricelli, Mr. Gutierrez, Mr. Taylor of North
Carolina, and Mr. Mazzoli.
H.R. 4699: Mr. Waxman and Mr. McCloskey.
H.R. 4767: Mr. Moran.
H.R. 4789: Mr. Lantos.
H.R. 4803: Mr. Klein and Mr. Studds.
H.R. 4828: Ms. DeLauro, Mr. Klein, and Mrs. Morella.
H.R. 4912: Mr. Wheat, Mrs. Maloney, Mr. Stearns, Mr.
Duncan, Mr. Scott, Mr. Markey, Mr. Owens, Mr. Clay, Mr.
Hoyer, Mr. Lewis of Georgia, Mr. Tucker, Mr. Bishop, Mr.
Conyers, Mrs. Bentley, Mr. Richardson, Mr. Yates, Mr. Mfume,
Ms. Norton, Ms. Collins of Michigan, Mr. Regula, Mr. Coleman,
Mr. Matsui, Mr. Evans, and Mr. Gutierrez.
H.R. 4944: Mr. de Lugo.
H.R. 4956: Ms. Furse.
H.R. 4980: Mr. Whitten, Mr. Montgomery, Mr. McDade, Mr.
Conyers, Ms. Eddie Bernice Johnson of Texas, Mr. Stokes, Mr.
Bevill, Mr. Jacobs, Mrs. Morella, Mr. Wolf, Mr. Filner, Mr.
Hall of Texas, and Mr. Sangmeister.
H.R. 5017: Mr. Barcia of Michigan, Mr. Bonior, and Mr.
Upton.
H.R. 5037: Mr. McCandless.
H.R. 5042: Mr. Bartlett of Maryland, Mr. Coble, Mr. Goss,
and Mr. Solomon.
H.J. Res. 44: Mr. Burton of Indiana.
H.J. Res. 129: Mr. Blute.
H.J. Res. 332: Mr. Bacchus of Florida, Mr. Jefferson, Mr.
Ravenel, Ms. Molinari, Mr. Faleomavaega, Mr. McHugh, Mr.
Kreidler, Mr. Baker of Louisiana, Mr. Johnston of Florida,
Mr. Moakley, Mr. Doolittle, Mr. Schiff, Mr. Costello, Mrs.
Kennelly, Mr. Washington, Mr. Hochbrueckner, and Mr.
McCloskey.
H.J. Res. 356: Mr. Manton.
H.J. Res. 387: Mr. Vento and Mr. Martinez.
H.J. Res. 389: Mr. Abercrombie, Mr. Ackerman, Mr. Barlow,
Mr. Berman, Mr. Bevill, Mr. Bishop, Mr. Blute, Mr. Borski,
Mr. Callahan, Mr. Clyburn, Mr. Clement, Ms. Collins of
Michigan, Mr. Collins of Georgia, Mr. Coppersmith, Mr. de la
Garza, Ms. DeLauro, Mr. Dellums, Mr. Dornan, Mr. Edwards of
Texas, Ms. Eshoo, Mr. Faleomavaega, Mr. Gekas, Mr. Hall of
Ohio, Mr. Hamilton, Mr. Hastings, Mr. Kasich, Mrs. Maloney,
Mr. Martinez, Ms. Margolies-Mezvinsky, Ms. McKinney, Mr.
Meehan, Mr. Olver, Mr. Oberstar, Mr. Payne of New Jersey, Ms.
Pelosi, Mr. Rahall, Mr. Sangmeister, Mr. Sarpalius, Mr.
Schumer, Mr. Sharp, Mr. Slattery, Mr. Swett, Mr. Taylor of
Mississippi, Mr. Tucker, Mr. Traficant, Mr. Valentine, Mr.
Volkmer, Mr. Watt, Mr. Waxman, Mr. Wilson, Ms. Woolsey, Mr.
Yates, Mr. Young of Alaska, and Mr. Young of Florida.
H.J. Res. 398: Mr. Hutto, Mr. Pete Geren of Texas, Mr.
Edwards of Texas, Mr. Sarpalius, Mr. Darden, Mr. McCloskey,
Mr. Klein, Mr. Lipinski, Mr. Schaefer, Mr. Ramstad, Mr.
DeLay, Mr. Montgomery, Mr. Bevill, Mr. Frost, Mr. Leach, Mr.
Gingrich, Mr. Sundquist, Mr. Bilirakis, Mr. McCollum, Mr.
Hoyer, Mr. Young of Alaska, Mr. Hamilton, Mr. Emerson, Ms.
Pryce of Ohio,
[[Page 1907]]
Mr. Bunning, Mr. Sangmeister, Mr. Spence, Mr. Quinn, and Mr.
Kingston.
H.J. Res. 401: Mr. Berman, Mr. Conyers, Mr. Costello, Mr.
Engel, Mr. Evans, Mr. Faleomavaega, Mr. Frost, Mr. Hamilton,
Mr. Hinchey, Mr. Inhofe, Mr. Lancaster, Mr. Lewis of
California, Mr. McNulty, Mr. Montgomery, Mr. Moorhead, Mrs.
Morella, Mr. Murtha, Mr. Quillen, Mr. Rangel, Mr. Richardson,
Mr. Skelton, Mr. Swett, Mr. Torkildsen, Mr. Torricelli, and
Mr. Vento.
H. Con. Res. 35: Mr. Dellums, Mr. Hastings, Mr.
Sangmeister, Mr. Fields of Louisiana, Mr. Tauzin, Mr. Hoyer,
Mr. Clay, Mr. Skelton, Mr. Richardson, Mr. Hefner, Mr. Price
of North Carolina, Mr. Valentine, Mr. Hall of Ohio, Mr.
Stokes, Mr. Blackwell, Mr. Holden, Ms. Margolies-Mezvinsky,
Mr. Pickle, Mr. Payne of Virginia, Mr. Swift, Mr. Sanders,
and Mr. Stenholm.
H. Con. Res. 59: Mr. Nadler.
H. Con. Res. 148: Mr. Hansen and Mrs. Meyers of Kansas.
H. Con. Res. 166: Mr. Lewis of Florida.
H. Con. Res. 188: Mr. Lehman, Mrs. Kennelly, Mr. Roemer,
Mr. Hoagland, Mr. Pastor, Mr. Glickman, Mr. Ackerman, and Mr.
Zimmer.
H. Con. Res. 227: Mr. Cox.
H. Con. Res. 247: Mr. Olver, Mr. Saxton, Mr. Greenwood, Mr.
Swett, and Mr. Knollenberg.
H. Con. Res. 256: Mr. Traficant.
H. Con. Res. 269: Mr. Ridge, Mr. Duncan, Mr. Moorhead, Mr.
McKeon, Mr. Inhofe, Mr. Bilirakis, Mr. Dreier, Mr. Ehlers,
Mr. Allard, Mr. Santorum, Mr. Bartlett of Maryland, Mr.
Fields of Texas, Mr. King, Mr. McCrery, Mr. Torkildsen, Mr.
Blute, Mr. Hall of Texas, Mr. Spence, and Mr. Kasich.
H. Con. Res. 276: Mr. Carr, Mr. Pomeroy, Mr. Cunningham,
Mr. Schiff, Mr. Combest, and Mr. Andrews of Maine.
H. Res. 148: Ms. Cantwell.
H. Res. 432: Mr. Kopetski, Ms. Collins of Michigan, Mr.
Barca of Wisconsin, Mr. Conyers, Mr. Jacobs, and Mr. Wilson.
H. Res. 519: Mr. Gilchrest, Mr. Hayes, Mr. Ramstad, Mr.
Moorhead, Mr. Rahall, Mr. Callahan, Mr. Emerson, and Mr.
Hoekstra.
H. Res. 530: Mr. Armey, Mr. Baker of California, Mr.
Ballenger, Mr. Bunning, Mr. Calvert, Mr. Collins of Georgia,
Mr. Cox, Mr. Cunningham, Mr. DeLay, Mr. Doolittle, Mr.
Dornan, Mr. Fawell, Mr. Gillmor, Mr. Goss, Mr. Hancock, Mr.
Hefley, Mr. Hoekstra, Mr. Hutchinson, Mr. Istook, Mrs.
Johnson of Connecticut, Mr. Kasich, Mr. Knollenberg, Mr.
Levy, Mr. Lewis of Florida, Mr. Linder, Mr. McCollum, Mrs.
Meyers of Kansas, Mr. Rogers, Mr. Shaw, Mr. Shays, Mr.
Torkildsen, Mr. Upton, and Mrs. Vucanovich.
Para. 108.32 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 2638: Ms. Molinari.
.
TUESDAY, SEPTEMBER 20, 1994 (109)
Para. 109.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. TEJEDA,
at 10:30 a.m., who laid before the House the following communication:
Washington, DC,
September 20, 1994.
I hereby designate the Honorable Frank Tejeda to act as
Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Whereupon, pursuant to the order of the House of Friday, February 11,
1994, and Friday, June 10, 1994, Members were recognized for ``morning
hour'' debates.
Para. 109.2 recess--10:38 a.m.
The SPEAKER pro tempore, Mr. TEJEDA, pursuant to clause 12 of rule I,
declared the House in recess at 10 o'clock and 38 minutes a.m., until 12
o'clock noon.
Para. 109.3 after recess--12:00 noon
The SPEAKER called the House to order.
Para. 109.4 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Monday, September 19, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 109.5 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3854. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed manufacturing license agreement with Finland
(Transmittal No. DTC-33-94), pursuant to 22 U.S.C. 2776(c);
to the Committee on Foreign Affairs.
3855. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting memorandum of
justification for Presidential determination regarding the
drawdown of defense articles and services for the
multinational coalition to restore democracy in Haiti,
pursuant to 22 U.S.C. 2318(b)(2); to the Committee on Foreign
Affairs.
3856. A letter from the Administrator, U.S. Agency for
International Development, transmitting policy justification
for a proposed transfer of funds from the development
assistance account to the account for operating expenses of
the Agency for International Development, pursuant to section
652 of the Foreign Assistance Act of 1961, as amended; to the
Committee on Foreign Affairs.
Para. 109.6 resignation--parliamentarian
The SPEAKER laid before the House a communication, which was read as
follows:
U.S. House of Representatives,
The Speaker's Rooms,
Washington, DC, August 20, 1994.
Hon. Thomas S. Foley,
Speaker, U.S. House of Representatives,
Washington, DC.
Dear Mr. Speaker: In March of this year, I completed my
thirty-sixth year with the House of Representatives. In July,
I completed my twentieth year as Parliamentarian.
In the past few months, circumstances, both personal and
professional, have focused my attention on retirement. It has
been a difficult decision to reach, but I have concluded that
it's time for a change.
The office which I have been privileged to hold continues
to be both challenging and rewarding. It is fascinating to
encounter--almost daily--fresh interpretations of rules and
bill language which require constant evaluation of
yesterday's assumptions and conclusions. The House changes
from year to year, with new Members and staff and
circumstances always reshaping this institution; what does
not change is the reservoir of intellect and inventiveness
which characterizes those who work in the legislative branch
of our government. Daily interaction with such talented
people makes the Congress a uniquely fascinating place to
work.
I could not have done this job without a lot of help,
without the love and support of my family, who have learned
to live with long hours and erratic schedules; without the
teamwork at the rostrum and in all the support offices of the
House; without the reservoir of personal commitment and
professional strength from my colleagues in the Office. Among
the Deputy and the assistant parliamentarians there is a
wealth of experience and talent. Their accumulated service
totals over 80 years. Each is dedicated to the proposition
that the rules of this great institution should be applied
and enforced without political considerations. All are open
to Members and staff with respect to the rules and precedents
which govern and guide the deliberations of the House and its
committees. They are all exemplary public servants; they can
and will continue to carry out the responsibilities of the
Office in a manner which reflects the best traditions of the
House. We share a lasting bond and I will miss these friends
whom I admire and care for so deeply.
I owe a great debt of gratitude to all the Speakers whom I
have been fortunate to know: Sam Rayburn, who first appointed
me as an assistant parliamentarian on the recommendation of
my legendary predecessor as Parliamentarian, Lewis Deschler;
John McCormack, who shared his anecdotes and love of the
House during long evening conversations in the Speaker's
Rooms; Carl Albert, who had faith enough in my abilities to
appoint me as Parliamentarian during a very tumultuous time
in the history of the House and has continued to be a valued
mentor since his retirement; Thomas P. `Tip' O'Neill, whose
good humor and warmth toward me survived some parliamentary
decisions which he must have found vexing; Jim Wright, whose
eloquence and courage are unflagging. Finally, Mr. Speaker, I
must say how much I have valued your friendship and support.
You have always been sensitive and faithful to the
distinctions between political and parliamentary decisions
and your gavel has been both firm and impartial. The
opportunities you have given me to interact with other
parliamentary institutions, particularly with the newly
emerging democratic republics in eastern Europe, have
revealed new horizons which I hope to explore more fully in
the future. Programs to encourage and foster parliamentary
democracy in that area of our world are of critical
importance. The House can be proud of the contribution it is
making to this effort and if I can be of assistance in these
endeavors I will be available to do so.
I must acknowledge the courtesies and cooperation shown me
by the distinguished Minority Leader, Bob Michel. He has
always shown an appreciation of the role of our office and he
and his staff have been of inestimable support. To have known
so many of his predecessors, such distinguished men as Joe
Martin, Charley Halleck, John Rhodes and Gerald Ford, has
been a rare privilege. All of these Leaders have made the
House a better place and have left an indelible mark on its
history.
I will miss the many friendships with Members that have
formed over the years. May I extend to them, through you, my
appreciation for their kindnesses.
With your concurrence, my termination as Parliamentarian
will be effective on September 15, 1994.
Very respectfully yours,
Wm. Holmes Brown.
The resignation was accepted.
[[Page 1908]]
Para. 109.7 appointment--parliamentarian
The SPEAKER, pursuant to the provisions of 2 United States Code 287a,
announced that on September 16, 1994, announced he did appoint Charles
W. Johnson as Parliamentarian of the House of Representatives to succeed
Wm. Holmes Brown, resigned.
Para. 109.8 transportation appropriations
On motion of Mr. CARR, by unanimous consent, the bill (H.R. 4556)
making appropriations for the Department of Transportation and related
agencies for the fiscal year ending September 30, 1995, and for other
purposes; together with the amendments of the Senate thereto, was taken
from the Speaker's table.
When on motion of Mr. CARR, it was,
Resolved, That the House disagree to the amendments of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Ordered, That the Clerk notify the Senate thereof.
Para. 109.9 motion to instruct conferees--h.r. 4556
Mr. WOLF moved that the managers on the part of the House at the
conference on the disagreeing votes of the two Houses on H.R. 4556, be
instructed to disagree to the amendment of the Senate numbered 89.
Pending consideration of said motion,
On demand of Mr. NADLER, pursuant to clause 1, rule XXVIII,
Ordered, That time for debate be equally divided among Messrs. CARR,
WOLF, and NADLER.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that the yeas had
it.
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
Para. 109.10 appointment of conferees--h.r. 4556
Thereupon, the SPEAKER pro tempore, Mr. MONTGOMERY, by unanimous
consent, announced the appointment of Messrs. Carr, Durbin, Sabo, Price,
Coleman, Foglietta, Obey, Wolf, DeLay, Regula, and McDade, as managers
on the part of the House at said conference.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 109.11 federal acquisition reform
Mr. CONYERS called up the following conference report (Rept. No. 103-
712):
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the House to the bill (S.
1587), to revise and streamline the acquisition laws of the
Federal Government, and for other purposes, having met, after
full and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the Senate recede from its disagreement to the
amendment of the House and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the House
amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Acquisition
Streamlining Act of 1994''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--CONTRACT FORMATION
Subtitle A--Competition Statutes
Part I--Armed Services Acquisitions
SUBPART A--COMPETITION REQUIREMENTS
Sec. 1001. References to Federal Acquisition Regulation.
Sec. 1002. Establishment or maintenance of alternative sources of
supply.
Sec. 1003. Clarification of approval authority for use of procedures
other than full and open competition.
Sec. 1004. Task and delivery order contracts.
Sec. 1005. Acquisition of expert services.
SUBPART B--PLANNING, SOLICITATION, EVALUATION, AND AWARD
Sec. 1011. Source selection factors.
Sec. 1012. Solicitation provision regarding evaluation of purchase
options.
Sec. 1013. Prompt notice of award.
Sec. 1014. Post-award debriefings.
Sec. 1015. Protest file.
Sec. 1016. Agency actions on protests.
SUBPART C--KINDS OF CONTRACTS
Sec. 1021. Repeal of requirement for Secretarial determination
regarding use of cost type or incentive contract.
Sec. 1022. Revision and reorganization of multiyear contracting
authority.
SUBPART D--MISCELLANEOUS
Sec. 1031. Repeal of requirement for annual report by advocates for
competition.
Part II--Civilian Agency Acquisitions
SUBPART A--COMPETITION REQUIREMENTS
Sec. 1051. References to Federal Acquisition Regulation.
Sec. 1052. Establishment or maintenance of alternative sources of
supply.
Sec. 1053. Clarification of approval authority for use of procedures
other than full and open competition.
Sec. 1054. Task and delivery order contracts.
Sec. 1055. Acquisition of expert services.
SUBPART B--PLANNING, SOLICITATION, EVALUATION, AND AWARD
Sec. 1061. Solicitation, evaluation, and award.
Sec. 1062. Solicitation provision regarding evaluation of purchase
options.
Sec. 1063. Prompt notice of award.
Sec. 1064. Post-award debriefings.
Sec. 1065. Protest file.
Sec. 1066. Agency actions on protests.
SUBPART C--KINDS OF CONTRACTS
Sec. 1071. Repeal of agency head determination regarding use of cost
type or incentive contract.
Sec. 1072. Multiyear contracting authority.
Sec. 1073. Severable services contracts crossing fiscal years.
Sec. 1074. Economy Act purchases.
Part III--Acquisitions Generally
Sec. 1091. Policy regarding consideration of contractor past
performance.
Sec. 1092. Repeal of requirement for annual report on competition.
Sec. 1093. Discouragement of nonstandard contract clauses.
Subtitle B--Truth in Negotiations
Part I--Armed Services Acquisitions
Sec. 1201. Stabilization of dollar threshold of applicability.
Sec. 1202. Exceptions to cost or pricing data requirements.
Sec. 1203. Restrictions on additional authority to require cost or
pricing data or other information.
Sec. 1204. Additional special rules for commercial items.
Sec. 1205. Right of United States to examine contractor records.
Sec. 1206. Required regulations.
Sec. 1207. Consistency of time references.
Sec. 1208. Exception for transfers between divisions, subsidiaries, and
affiliates.
Sec. 1209. Coverage of Coast Guard and NASA for interest and payments
on certain overpayments.
Sec. 1210. Repeal of superseded provision.
Part II--Civilian Agency Acquisitions
Sec. 1251. Revision of civilian agency provisions to ensure uniform
treatment of cost or pricing data.
Sec. 1252. Repeal of obsolete provision.
Subtitle C--Research and Development
Sec. 1301. Research projects.
Subtitle D--Procurement Protests
Part I--Protests to the Comptroller General
Sec. 1401. Protest defined.
Sec. 1402. Review of protests and effect on contracts pending decision.
Sec. 1403. Decisions on protests.
Sec. 1404. Regulations.
Part II--Protests in Procurements of Automatic Data Processing
Sec. 1431. Revocation of delegations of procurement authority.
Sec. 1432. Authority of the General Services Administration Board of
Contract Appeals.
Sec. 1433. Periods for certain actions.
Sec. 1434. Dismissals of protests.
Sec. 1435. Award of costs.
Sec. 1436. Dismissal agreements.
Sec. 1437. Matters to be covered in regulations.
Sec. 1438. Definition of protest.
Sec. 1439. Oversight of acquisition of automatic data processing
equipment by Federal agencies.
Subtitle E--Policy, Definitions, and Other Matters
Part I--Armed Services Acquisitions
Sec. 1501. Repeal of policy statement.
Sec. 1502. Definitions.
Sec. 1503. Delegation of procurement functions.
Sec. 1504. Determinations and decisions.
Sec. 1505. Restrictions on undefinitized contractual actions.
Sec. 1506. Repeal of requirement relating to production special tooling
and production special test equipment.
Sec. 1507. Regulations for bids.
Part II--Civilian Agency Acquisitions
Sec. 1551. Definitions.
Sec. 1552. Delegation of procurement functions.
Sec. 1553. Determinations and decisions.
Sec. 1554. Repeal of preference for recycled toner cartridges.
Sec. 1555. Cooperative purchasing.
[[Page 1909]]
TITLE II--CONTRACT ADMINISTRATION
Subtitle A--Contract Payment
Part I--Armed Services Acquisitions
Sec. 2001. Contract financing.
Sec. 2002. Repeal of vouchering procedures section.
Part II--Civilian Agency Acquisitions
Sec. 2051. Contract financing.
Part III--Acquisitions Generally
Sec. 2091. Government-wide application of payment protections for
subcontractors and suppliers.
Subtitle B--Cost Principles
Part I--Armed Services Acquisitions
Sec. 2101. Allowable contract costs.
Sec. 2102. Repeal of authority for contract profit controls during
emergency periods.
Part II--Civilian Agency Acquisitions
Sec. 2151. Allowable contract costs.
Part III--Acquisitions Generally
Sec. 2191. Travel expenses of Government contractors.
Sec. 2192. Revision of cost principle relating to entertainment, gift,
and recreation costs for contractor employees.
Subtitle C--Audit and Access to Records
Part I--Armed Services Acquisitions
Sec. 2201. Consolidation and revision of authority to examine records
of contractors.
Part II--Civilian Agency Acquisitions
Sec. 2251. Authority to examine records of contractors.
Subtitle D--Claims and Disputes
Part I--Armed Services Acquisitions
Sec. 2301. Certification of contract claims.
Sec. 2302. Shipbuilding claims.
Part II--Acquisitions Generally
Sec. 2351. Contract Disputes Act improvements.
Sec. 2352. Extension of alternative dispute resolution authority.
Sec. 2353. Expedited resolution of contract administration matters.
Sec. 2354. Authority for district courts to obtain advisory opinions
from boards of contract appeals in certain cases.
Subtitle E--Miscellaneous
Part I--Armed Services Acquisitions
Sec. 2401. Clarification of provision relating to quality control of
certain spare parts.
Sec. 2402. Contractor guarantees regarding weapon systems.
Part II--Acquisitions Generally
Sec. 2451. Section 3737 of the Revised Statutes: expansion of authority
to prohibit setoffs against assignees; reorganization of
section; revision of obsolete provisions.
Sec. 2452. Repeal of requirement for deposit of contracts with GAO.
Sec. 2453. Repeal of obsolete deadline regarding procedural regulations
for the Cost Accounting Standards Board.
Sec. 2454. Codification of accounting requirement for contracted
advisory and assistance services.
Sec. 2455. Uniform suspension and debarment.
TITLE III--SERVICE SPECIFIC AND MAJOR SYSTEMS STATUTES
Subtitle A--Major Systems Statutes
Sec. 3001. Weapon development and procurement schedules.
Sec. 3002. Selected acquisition report requirement.
Sec. 3003. Unit cost report requirement.
Sec. 3004. Requirement for independent cost estimate and manpower
estimate before development or production.
Sec. 3005. Baseline description.
Sec. 3006. Repeal of requirement for competitive prototyping for major
programs.
Sec. 3007. Repeal of requirement for competitive alternative sources
for major programs.
Subtitle B--Testing Statutes
Sec. 3011. Authority of Director of Operational Test and Evaluation to
communicate views directly to Secretary of Defense.
Sec. 3012. Responsibility of Director of Operational Test and
Evaluation for live fire testing.
Sec. 3013. Requirement for unclassified version of annual report on
operational test and evaluation.
Sec. 3014. Survivability and lethality testing.
Sec. 3015. Limitation on quantities to be procured for low-rate initial
production.
Subtitle C--Service Specific Laws
Sec. 3021. Gratuitous services of officers of certain reserve
components.
Sec. 3022. Authority to rent samples, drawings, and other information
to others.
Sec. 3023. Repeal of application of Public Contracts Act to certain
naval vessel contracts.
Sec. 3024. Repeal of requirement for construction of vessels on Pacific
coast.
Sec. 3025. Scientific investigation and research for the Navy.
Subtitle D--Civil Reserve Air Fleet
Sec. 3031. Definitions.
Sec. 3032. Consolidation of provisions relating to contractual
commitment of aircraft.
Sec. 3033. Use of military installations by contractors.
Subtitle E--Miscellaneous
Sec. 3061. Regulations on procurement, production, warehousing, and
supply distribution functions.
Sec. 3062. Repeal of requirements regarding product evaluation
activities.
Sec. 3063. Department of Defense acquisition of intellectual property
rights.
Sec. 3064. Liquid fuels and natural gas: contracts for storage,
handling, or distribution.
Sec. 3065. Codification and revision of limitation on lease of vessels,
aircraft, and vehicles.
Sec. 3066. Soft drink supplies.
Sec. 3067. Disbursement of funds of military department to cover
obligations of another agency of Department of Defense.
TITLE IV--SIMPLIFIED ACQUISITION THRESHOLD
Subtitle A--Establishment of Threshold
Sec. 4001. Simplified acquisition threshold defined.
Sec. 4002. Establishment of simplified acquisition threshold for armed
services.
Sec. 4003. Establishment of simplified acquisition threshold for
civilian agencies.
Sec. 4004. Small business reservation.
Subtitle B--Inapplicability of Laws to Acquisitions At or Below the
Simplified Acquisition Threshold
Sec. 4101. List of inapplicable laws in Federal Acquisition Regulation.
Sec. 4102. Armed services acquisitions.
Sec. 4103. Civilian agency acquisitions.
Sec. 4104. Acquisitions generally.
Subtitle C--Simplified Acquisition Procedures
Sec. 4201. Simplified acquisition procedures.
Sec. 4202. Procurement notice.
Sec. 4203. Implementation of simplified acquisition procedures.
Subtitle D--Micro-Purchase Procedures
Sec. 4301. Procedures for purchases below micro-purchase threshold.
Subtitle E--Conforming Amendments
Sec. 4401. Armed services acquisitions.
Sec. 4402. Civilian agency acquisitions.
Sec. 4403. Office of Federal Procurement Policy Act.
Sec. 4404. Small Business Act.
TITLE V--ACQUISITION MANAGEMENT
Subtitle A--Armed Services Acquisitions
Sec. 5001. Performance based management.
Sec. 5002. Review of acquisition program cycle.
Subtitle B--Civilian Agency Acquisitions
Sec. 5051. Performance based management.
Sec. 5052. Results-oriented acquisition process.
Subtitle C--Pilot Programs
Sec. 5061. OFPP test program for executive agencies.
Sec. 5062. NASA mid-range procurement test program.
Sec. 5063. Federal Aviation Administration acquisition pilot program.
Sec. 5064. Department of Defense acquisition pilot programs.
Subtitle D--Miscellaneous
Sec. 5091. Vendor and employee excellence awards.
Sec. 5092. Waiting period for significant changes proposed for
acquisition regulations.
Sec. 5093. Sense of Congress on negotiated rulemaking.
TITLE VI--OTHER PROCUREMENT-RELATED MATTERS
Sec. 6001. Post-employment rules.
Sec. 6002. Contracting functions performed by Federal personnel.
Sec. 6003. Repeal of executed requirement for study and report.
Sec. 6004. Interests of Members of Congress.
Sec. 6005. Whistleblower protections for contractor employees of
Department of Defense, Coast Guard, and National
Aeronautics and Space Administration.
Sec. 6006. Whistleblower protections for contractor employees of
civilian agencies.
Sec. 6007. Comptroller General review of the provision of legal advice
for Inspectors General.
Sec. 6008. Cost savings for official travel.
Sec. 6009. Prompt resolution of audit recommendations.
TITLE VII--SMALL BUSINESS AND SOCIOECONOMIC LAWS
Subtitle A--Small Business Laws
Sec. 7101. Repeal of certain requirements.
Sec. 7102. Contracting program for certain small business concerns.
Sec. 7103. Extension of test program for negotiation of comprehensive
small business subcontracting plans.
Sec. 7104. Small Business Procurement Advisory Council.
Sec. 7105. Extension of defense contract goal to Coast Guard and
National Aeronautics and Space Administration.
Sec. 7106. Procurement goals for small business concerns owned by
women.
[[Page 1910]]
Sec. 7107. Development of definitions regarding certain small business
concerns.
Sec. 7108. Functions of Office of Federal Procurement Policy relating
to small business.
Subtitle B--Socioeconomic Laws
Sec. 7201. Acquisitions generally.
Sec. 7202. Prohibition on use of funds for documenting economic or
employment impact of certain acquisition programs.
Sec. 7203. Merit-based award of contracts and grants.
Sec. 7204. Maximum practicable opportunities for apprentices on Federal
construction projects.
Sec. 7205. Repeal of obsolete provision.
Sec. 7206. Repeal of obsolete and redundant provisions of law.
Subtitle C--Waiver of Application of Prevailing Wage-Setting
Requirements to Volunteers
Sec. 7301. Short title.
Sec. 7302. Purpose.
Sec. 7303. Waiver for individuals who perform volunteer services for
public entities.
Sec. 7304. Waiver for individuals who perform volunteer services for
nonprofit entities.
Sec. 7305. Contracts affected.
Sec. 7306. Report.
TITLE VIII--COMMERCIAL ITEMS
Subtitle A--Definitions and Regulations
Sec. 8001. Definitions.
Sec. 8002. Regulations on acquisition of commercial items.
Sec. 8003. List of inapplicable laws in Federal Acquisition Regulation.
Subtitle B--Armed Services Acquisitions
Sec. 8101. Establishment of new chapter in title 10.
Sec. 8102. Relationship to other provisions of law.
Sec. 8103. Definitions.
Sec. 8104. Preference for acquisition of commercial items.
Sec. 8105. Inapplicability of certain provisions of law.
Sec. 8106. Presumption that technical data under contracts for
commercial items are developed exclusively at private
expense.
Subtitle C--Civilian Agency Acquisitions
Sec. 8201. Relationship to other provisions of law.
Sec. 8202. Definitions.
Sec. 8203. Preference for acquisition of commercial items.
Sec. 8204. Inapplicability of certain provisions of law.
Subtitle D--Acquisitions Generally
Sec. 8301. Inapplicability of certain provisions of law.
Sec. 8302. Flexible deadlines for submission of offers of commercial
items.
Sec. 8303. Additional responsibilities for advocates for competition.
Sec. 8304. Provisions not affected.
Sec. 8305. Comptroller General review of Federal Government use of
market research.
TITLE IX--FEDERAL ACQUISITION COMPUTER NETWORK
Sec. 9001. Federal acquisition computer network architecture and
implementation.
Sec. 9002. Implementation of FACNET capability in armed services.
Sec. 9003. Implementation of FACNET capability in civilian agencies.
Sec. 9004. GAO determination of eligible agency contracts.
TITLE X--EFFECTIVE DATES AND IMPLEMENTATION
Sec. 10001. Effective date and applicability.
Sec. 10002. Implementing regulations.
Sec. 10003. Evaluation by the Comptroller General.
Sec. 10004. Data collection through the Federal Procurement Data
System.
Sec. 10005. Technical and clerical amendments.
TITLE I--CONTRACT FORMATION
Subtitle A--Competition Statutes
PART I--ARMED SERVICES ACQUISITIONS
Subpart A--Competition Requirements
SEC. 1001. REFERENCES TO FEDERAL ACQUISITION REGULATION.
Section 2304 of title 10, United States Code, is amended--
(1) in subsection (a)(1)(A), by striking out
``modifications'' and all that follows through ``note)'' and
inserting in lieu thereof ``Federal Acquisition Regulation'';
and
(2) in subsection (g)(1), by striking out ``regulations
modified'' and all that follows through ``note)'' and
inserting in lieu thereof ``Federal Acquisition Regulation''.
SEC. 1002. ESTABLISHMENT OR MAINTENANCE OF ALTERNATIVE
SOURCES OF SUPPLY.
(a) Additional Justification for Establishing or
Maintaining Alternative Sources.--Section 2304(b)(1) of such
title is amended--
(1) by striking out ``or'' at the end of subparagraph (B);
(2) by striking out the period at the end of subparagraph
(C) and inserting in lieu thereof a semicolon; and
(3) by adding at the end the following new subparagraphs:
``(D) would ensure the continuous availability of a
reliable source of supply of such property or service;
``(E) would satisfy projected needs for such property or
service determined on the basis of a history of high demand
for the property or service; or
``(F) in the case of medical supplies, safety supplies, or
emergency supplies, would satisfy a critical need for such
supplies.''.
(b) Prohibition on Use of Classes of Purchases or
Contracts.--Section 2304(b) of title 10, United States Code,
is amended by adding at the end the following new paragraph:
``(4) A determination under paragraph (1) may not be made
for a class of purchases or contracts.''.
SEC. 1003. CLARIFICATION OF APPROVAL AUTHORITY FOR USE OF
PROCEDURES OTHER THAN FULL AND OPEN
COMPETITION.
Section 2304(f)(1)(B)(i) of title 10, United States Code,
is amended by inserting before the semicolon at the end the
following: ``or by an official referred to in clause (ii),
(iii), or (iv)''.
SEC. 1004. TASK AND DELIVERY ORDER CONTRACTS.
(a) Authority.--(1) Chapter 137 of title 10, United States
Code, is amended by inserting after section 2304 the
following new sections:
``Sec. 2304a. Task and delivery order contracts: general
authority
``(a) Authority To Award.--Subject to the requirements of
this section, section 2304c of this title, and other
applicable law, the head of an agency may enter into a task
or delivery order contract (as defined in section 2304d of
this title) for procurement of services or property.
``(b) Solicitation.--The solicitation for a task or
delivery order contract shall include the following:
``(1) The period of the contract, including the number of
options to extend the contract and the period for which the
contract may be extended under each option, if any.
``(2) The maximum quantity or dollar value of the services
or property to be procured under the contract.
``(3) A statement of work, specifications, or other
description that reasonably describes the general scope,
nature, complexity, and purposes of the services or property
to be procured under the contract.
``(c) Applicability of Restriction on Use of Noncompetitive
Procedures.--The head of an agency may use procedures other
than competitive procedures to enter into a task or delivery
order contract under this section only if an exception in
subsection (c) of section 2304 of this title applies to the
contract and the use of such procedures is approved in
accordance with subsection (f) of such section.
``(d) Single and Multiple Contract Awards.--(1) The head of
an agency may exercise the authority provided in this
section--
``(A) to award a single task or delivery order contract; or
``(B) if the solicitation states that the head of the
agency has the option to do so, to award separate task or
delivery order contracts for the same or similar services or
property to two or more sources.
``(2) No determination under section 2304(b) of this title
is required for award of multiple task or delivery order
contracts under paragraph (1)(B).
``(3) The regulations implementing this subsection shall--
``(A) establish a preference for awarding, to the maximum
extent practicable, multiple task or delivery order contracts
for the same or similar services or property under the
authority of paragraph (1)(B); and
``(B) establish criteria for determining when award of
multiple task or delivery order contracts would not be in the
best interest of the Federal Government.
``(e) Contract Modifications.--A task or delivery order may
not increase the scope, period, or maximum value of the task
or delivery order contract under which the order is issued.
The scope, period, or maximum value of the contract may be
increased only by modification of the contract.
``(f) Inapplicability to Contracts for Advisory and
Assistance Services.--Except as otherwise specifically
provided in section 2304b of this title, this section does
not apply to a task or delivery order contract for the
procurement of advisory and assistance services (as defined
in section 1105(g) of title 31).
``(g) Relationship to Other Contracting Authority.--Nothing
in this section may be construed to limit or expand any
authority of the head of an agency or the Administrator of
General Services to enter into schedule, multiple award, or
task or delivery order contracts under any other provision of
law.
``Sec. 2304b. Task order contracts: advisory and assistance
services
``(a) Authority To Award.--(1) Subject to the requirements
of this section, section 2304c of this title, and other
applicable law, the head of an agency may enter into a task
order contract (as defined in section 2304d of this title)
for procurement of advisory and assistance services.
``(2) The head of an agency may enter into a task order
contract for procurement of advisory and assistance services
only under the authority of this section.
``(b) Limitation on Contract Period.--The period of a task
order contract entered into under this section, including all
periods of extensions of the contract under options,
modifications, or otherwise, may not exceed five years unless
a longer period is specifically authorized in a law that is
applicable to such contract.
``(c) Content of Notice.--The notice required by section 18
of the Office of Federal Procurement Policy Act (41 U.S.C.
416) and section 8(e) of the Small Business Act (15
[[Page 1911]]
U.S.C. 637(e)) shall reasonably and fairly describe the
general scope, magnitude, and duration of the proposed task
order contract in a manner that would reasonably enable a
potential offeror to decide whether to request the
solicitation and consider submitting an offer.
``(d) Required Content of Solicitation and Contract.--(1)
The solicitation for the proposed task order contract shall
include the information (regarding services) described in
section 2304a(b) of this title.
``(2) A task order contract entered into under this section
shall contain the same information that is required by
paragraph (1) to be included in the solicitation of offers
for that contract.
``(e) Multiple Awards.--(1) The head of an agency may, on
the basis of one solicitation, award separate task order
contracts under this section for the same or similar services
to two or more sources if the solicitation states that the
head of the agency has the option to do so.
``(2) If, in the case of a task order contract for advisory
and assistance services to be entered into under this
section, the contract period is to exceed three years and the
contract amount is estimated to exceed $10,000,000 (including
all options), the solicitation shall--
``(A) provide for a multiple award authorized under
paragraph (1); and
``(B) include a statement that the head of the agency may
also elect to award only one task order contract if the head
of the agency determines in writing that only one of the
offerers is capable of providing the services required at the
level of quality required.
``(3) Paragraph (2) does not apply in the case of a
solicitation for which the head of the agency concerned
determines in writing that, because the services required
under the task order contract are unique or highly
specialized, it is not practicable to award more than one
contract.
``(f) Contract Modifications.--(1) A task order may not
increase the scope, period, or maximum value of the task
order contract under which the order is issued. The scope,
period, or maximum value of the contract may be increased
only by modification of the contract.
``(2) Unless use of procedures other than competitive
procedures is authorized by an exception in subsection (c) of
section 2304 of this title and approved in accordance with
subsection (f) of such section, competitive procedures shall
be used for making such a modification.
``(3) Notice regarding the modification shall be provided
in accordance with section 18 of the Office of Federal
Procurement Policy Act (41 U.S.C. 416) and section 8(e) of
the Small Business Act (15 U.S.C. 637(e)).
``(g) Contract Extensions.--(1) Notwithstanding the
limitation on the contract period set forth in subsection (b)
or in a solicitation or contract pursuant to subsection (e),
a task order contract entered into by the head of an agency
under this section may be extended on a sole-source basis for
a period not exceeding six months if the head of such agency
determines that--
``(A) the award of a follow-on contract has been delayed by
circumstances that were not reasonably foreseeable at the
time the initial contract was entered into; and
``(B) the extension is necessary in order to ensure
continuity of the receipt of services pending the award of,
and commencement of performance under, the follow-on
contract.
``(2) A task order contract may be extended under the
authority of paragraph (1) only once and only in accordance
with the limitations and requirements of this subsection.
``(h) Inapplicability to Certain Contracts.--This section
does not apply to a contract for the acquisition of property
or services that includes acquisition of advisory and
assistance services if the head of an agency entering into
such contract determines that, under the contract, advisory
and assistance services are necessarily incident to, and not
a significant component of, the contract.
``(i) Advisory and Assistance Services Defined.--In this
section, the term `advisory and assistance services' has the
meaning given such term in section 1105(g) of title 31.
``Sec. 2304c. Task and delivery order contracts: orders
``(a) Issuance of Orders.--The following actions are not
required for issuance of a task or delivery order under a
task or delivery order contract:
``(1) A separate notice for such order under section 18 of
the Office of Federal Procurement Policy Act (41 U.S.C. 416)
or section 8(e) of the Small Business Act (15 U.S.C. 637(e)).
``(2) Except as provided in subsection (b), a competition
(or a waiver of competition approved in accordance with
section 2304(f) of this title) that is separate from that
used for entering into the contract.
``(b) Multiple Award Contracts.--When multiple task or
delivery order contracts are awarded under section
2304a(d)(1)(B) or 2304b(e) of this title, all contractors
awarded such contracts shall be provided a fair opportunity
to be considered, pursuant to procedures set forth in the
contracts, for each task or delivery order in excess of
$2,500 that is to be issued under any of the contracts
unless--
``(1) the agency's need for the services or property
ordered is of such unusual urgency that providing such
opportunity to all such contractors would result in
unacceptable delays in fulfilling that need;
``(2) only one such contractor is capable of providing the
services or property required at the level of quality
required because the services or property ordered are unique
or highly specialized;
``(3) the task or delivery order should be issued on a
sole-source basis in the interest of economy and efficiency
because it is a logical follow-on to a task or delivery order
already issued on a competitive basis; or
``(4) it is necessary to place the order with a particular
contractor in order to satisfy a minimum guarantee.
``(c) Statement of Work.--A task or delivery order shall
include a statement of work that clearly specifies all tasks
to be performed or property to be delivered under the order.
``(d) Protests.--A protest is not authorized in connection
with the issuance or proposed issuance of a task or delivery
order except for a protest on the ground that the order
increases the scope, period, or maximum value of the contract
under which the order is issued.
``(e) Task and Delivery Order Ombudsman.--Each head of an
agency who awards multiple task or delivery order contracts
pursuant to section 2304a(d)(1)(B) or 2304b(e) of this title
shall appoint or designate a task and delivery order
ombudsman who shall be responsible for reviewing complaints
from the contractors on such contracts and ensuring that all
of the contractors are afforded a fair opportunity to be
considered for task or delivery orders when required under
subsection (b). The task and delivery order ombudsman shall
be a senior agency official who is independent of the
contracting officer for the contracts and may be the agency's
competition advocate.
``(f) Applicability.--This section applies to task and
delivery order contracts entered into under sections 2304a
and 2304b of this title.
``Sec. 2304d. Task and delivery order contracts: definitions
``In sections 2304a, 2304b, and 2304c of this title:
``(1) The term `task order contract' means a contract for
services that does not procure or specify a firm quantity of
services (other than a minimum or maximum quantity) and that
provides for the issuance of orders for the performance of
tasks during the period of the contract.
``(2) The term `delivery order contract' means a contract
for property that does not procure or specify a firm quantity
of property (other than a minimum or maximum quantity) and
that provides for the issuance of orders for the delivery of
property during the period of the contract.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
2304 the following new items:
``2304a. Task and delivery order contracts: general authority.
``2304b. Task order contracts: advisory and assistance services.
``2304c. Task and delivery order contracts: orders.
``2304d. Task and delivery order contracts: definitions.''.
(b) Repeal of Superseded Provision.--Section 2304 of title
10, United States Code, is amended by striking out subsection
(j).
(c) Conforming Amendment for Professional and Technical
Services.--Section 2331 of title 10, United States Code, is
amended by striking out subsection (c).
(d) Provisions Not Affected.--Nothing in section 2304a,
2304b, 2304c, or 2304d of title 10, United States Code, as
added by subsection (a), and nothing in the amendments made
by subsections (b) and (c), shall be construed as modifying
or superseding, or as intended to impair or restrict,
authorities or responsibilities under--
(1) the Brooks Automatic Data Processing Act (section 111
of the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 759)); and
(2) the Brooks Architect-Engineers Act (title IX of the
Federal Property and Administrative Services Act of 1949 (40
U.S.C. 541 et seq.)).
SEC. 1005. ACQUISITION OF EXPERT SERVICES.
Section 2304(c)(3) of title 10, United States Code, is
amended--
(1) by striking out ``or (B)'' and inserting in lieu
thereof ``(B)''; and
(2) by inserting before the semicolon at the end the
following: ``, or (C) to procure the services of an expert
for use, in any litigation or dispute (including any
reasonably foreseeable litigation or dispute) involving the
Federal Government, in any trial, hearing, or proceeding
before any court, administrative tribunal, or agency, or in
any part of an alternative dispute resolution process,
whether or not the expert is expected to testify''.
Subpart B--Planning, Solicitation, Evaluation, and Award
SEC. 1011. SOURCE SELECTION FACTORS.
(a) Content of Solicitation.--Paragraph (2) of section
2305(a) of title 10, United States Code, is amended--
(1) in subparagraph (A)(i)--
(A) by striking out ``(and significant subfactors)'' and
inserting in lieu thereof ``and significant subfactors''; and
(B) by striking out ``cost- or price-related factors, and
noncost- or nonprice-related factors'' and inserting in lieu
thereof ``cost-related or price-related factors and
subfactors, and noncost-related or nonprice-related factors
and subfactors'';
(2) in subparagraph (A)(ii), by striking out ``(and
subfactors)'' and inserting ``and subfactors''; and
[[Page 1912]]
(3) in subparagraph (B)(ii), by amending subclause (I) to
read as follows:
``(I) either a statement that the proposals are intended to
be evaluated with, and award made after, discussions with the
offerors, or a statement that the proposals are intended to
be evaluated, and award made, without discussions with the
offerors (other than discussions conducted for the purpose of
minor clarification) unless discussions are determined to be
necessary; and''.
(b) Evaluation Factors.--Such section is further amended by
striking out paragraph (3) and inserting in lieu thereof the
following:
``(3)(A) In prescribing the evaluation factors to be
included in each solicitation for competitive proposals, the
head of an agency--
``(i) shall clearly establish the relative importance
assigned to the evaluation factors and subfactors, including
the quality of the product or services to be provided
(including technical capability, management capability, prior
experience, and past performance of the offeror);
``(ii) shall include cost or price to the Federal
Government as an evaluation factor that must be considered in
the evaluation of proposals; and
``(iii) shall disclose to offerors whether all evaluation
factors other than cost or price, when combined, are--
``(I) significantly more important than cost or price;
``(II) approximately equal in importance to cost or price;
or
``(III) significantly less important than cost or price.
``(B) The regulations implementing clause (iii) of
subparagraph (A) may not define the terms `significantly more
important' and `significantly less important' as specific
numeric weights that would be applied uniformly to all
solicitations or a class of solicitations.
``(4) Nothing in this subsection prohibits an agency from--
``(A) providing additional information in a solicitation,
including numeric weights for all evaluation factors and
subfactors on a case-by-case basis; or
``(B) stating in a solicitation that award will be made to
the offeror that meets the solicitation's mandatory
requirements at the lowest cost or price.''.
SEC. 1012. SOLICITATION PROVISION REGARDING EVALUATION OF
PURCHASE OPTIONS.
Subsection (a) of section 2305 of title 10, United States
Code, as amended by section 1011, is further amended by
adding at the end the following new paragraph:
``(5) The head of an agency, in issuing a solicitation for
a contract to be awarded using sealed bid procedures, may not
include in such solicitation a clause providing for the
evaluation of prices for options to purchase additional
property or services under the contract unless the head of
the agency has determined that there is a reasonable
likelihood that the options will be exercised.''.
SEC. 1013. PROMPT NOTICE OF AWARD.
(a) Sealed Bid Procedures.--Paragraph (3) of section
2305(b) of title 10, United States Code, is amended--
(1) in the last sentence, by striking out ``transmitting
written notice'' and inserting in lieu thereof
``transmitting, in writing or by electronic means, notice'';
and
(2) by adding at the end the following: ``Within three days
after the date of contract award, the head of the agency
shall notify, in writing or by electronic means, each bidder
not awarded the contract that the contract has been
awarded.''.
(b) Competitive Proposals Procedures.--Paragraph (4)(B) of
such section is amended in the second sentence--
(1) by striking out ``transmitting written notice'' and
inserting in lieu thereof ``transmitting, in writing or by
electronic means, notice''; and
(2) by striking out ``shall promptly notify'' and inserting
in lieu thereof ``, within three days after the date of
contract award, shall notify, in writing or by electronic
means,''.
SEC. 1014. POST-AWARD DEBRIEFINGS.
Section 2305(b) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph (5):
``(5)(A) When a contract is awarded by the head of an
agency on the basis of competitive proposals, an unsuccessful
offeror, upon written request received by the agency within 3
days after the date on which the unsuccessful offeror
receives the notification of the contract award, shall be
debriefed and furnished the basis for the selection decision
and contract award. The head of the agency shall debrief the
offeror within, to the maximum extent practicable, five days
after receipt of the request by the agency.
``(B) The debriefing shall include, at a minimum--
``(i) the agency's evaluation of the significant weak or
deficient factors in the offeror's offer;
``(ii) the overall evaluated cost and technical rating of
the offer of the contractor awarded the contract and the
overall evaluated cost and technical rating of the offer of
the debriefed offeror;
``(iii) the overall ranking of all offers;
``(iv) a summary of the rationale for the award;
``(v) in the case of a proposal that includes a commercial
item that is an end item under the contract, the make and
model of the item being provided in accordance with the offer
of the contractor awarded the contract; and
``(vi) reasonable responses to relevant questions posed by
the debriefed offeror as to whether source selection
procedures set forth in the solicitation, applicable
regulations, and other applicable authorities were followed
by the agency.
``(C) The debriefing may not include point-by-point
comparisons of the debriefed offeror's offer with other
offers and may not disclose any information that is exempt
from disclosure under section 552(b) of title 5.
``(D) Each solicitation for competitive proposals shall
include a statement that information described in
subparagraph (B) may be disclosed in post-award debriefings.
``(E) If, within one year after the date of the contract
award and as a result of a successful procurement protest,
the agency seeks to fulfill the requirement under the
protested contract either on the basis of a new solicitation
of offers or on the basis of new best and final offers
requested for that contract, the agency shall make available
to all offerors--
``(i) the information provided in debriefings under this
paragraph regarding the offer of the contractor awarded the
contract; and
``(ii) the same information that would have been provided
to the original offerors.
``(F) The contracting officer shall include a summary of
the debriefing in the contract file.''.
SEC. 1015. PROTEST FILE.
Section 2305 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(e) Protest File.--(1) If, in the case of a solicitation
for a contract issued by, or an award or proposed award of a
contract by, the head of an agency, a protest is filed
pursuant to the procedures in subchapter V of chapter 35 of
title 31 and an actual or prospective offeror so requests, a
file of the protest shall be established by the procuring
activity and reasonable access shall be provided to actual or
prospective offerors.
``(2) Information exempt from disclosure under section 552
of title 5 may be redacted in a file established pursuant to
paragraph (1) unless an applicable protective order provides
otherwise.
``(3) Regulations implementing this subsection shall be
consistent with the regulations regarding the preparation and
submission of an agency's protest file (the so-called `rule 4
file') for protests to the General Services Board of Contract
Appeals under section 111 of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 759).''.
SEC. 1016. AGENCY ACTIONS ON PROTESTS.
Section 2305 of title 10, United States Code, as amended by
section 1015, is further amended by adding at the end the
following new subsection:
``(f) Agency Actions on Protests.--If, in connection with a
protest, the head of an agency determines that a
solicitation, proposed award, or award does not comply with
the requirements of law or regulation, the head of the
agency--
``(1) may take any action set out in subparagraphs (A)
through (F) of subsection (b)(1) of section 3554 of title 31;
and
``(2) may pay costs described in paragraph (1) of section
3554(c) of title 31 within the limits referred to in
paragraph (2) of such section.''.
Subpart C--Kinds of Contracts
SEC. 1021. REPEAL OF REQUIREMENT FOR SECRETARIAL
DETERMINATION REGARDING USE OF COST TYPE OR
INCENTIVE CONTRACT.
Subsection (c) of section 2306 of title 10, United States
Code, is repealed.
SEC. 1022. REVISION AND REORGANIZATION OF MULTIYEAR
CONTRACTING AUTHORITY.
(a) In General.--(1) Chapter 137 of title 10, United States
Code, is amended by inserting after section 2306a the
following new section:
``Sec. 2306b. Multiyear contracts
``(a) In General.--To the extent that funds are otherwise
available for obligation, the head of an agency may enter
into multiyear contracts for the purchase of property
whenever the head of that agency finds--
``(1) that the use of such a contract will result in
substantial savings of the total anticipated costs of
carrying out the program through annual contracts;
``(2) that the minimum need for the property to be
purchased is expected to remain substantially unchanged
during the contemplated contract period in terms of
production rate, procurement rate, and total quantities;
``(3) that there is a reasonable expectation that
throughout the contemplated contract period the head of the
agency will request funding for the contract at the level
required to avoid contract cancellation;
``(4) that there is a stable design for the property to be
acquired and that the technical risks associated with such
property are not excessive;
``(5) that the estimates of both the cost of the contract
and the anticipated cost avoidance through the use of a
multiyear contract are realistic; and
``(6) in the case of a purchase by the Department of
Defense, that the use of such a contract will promote the
national security of the United States.
``(b) Regulations.--(1) Each official named in paragraph
(2) shall prescribe acquisition regulations for the agency or
agencies under the jurisdiction of such official to promote
the use of multiyear contracting as authorized by subsection
(a) in a manner that will
[[Page 1913]]
allow the most efficient use of multiyear contracting.
``(2)(A) The Secretary of Defense shall prescribe the
regulations applicable to the Department of Defense.
``(B) The Secretary of Transportation shall prescribe the
regulations applicable to the Coast Guard, except that the
regulations prescribed by the Secretary of Defense shall
apply to the Coast Guard when it is operating as a service in
the Navy.
``(C) The Administrator of the National Aeronautics and
Space Administration shall prescribe the regulations
applicable to the National Aeronautics and Space
Administration.
``(c) Contract Cancellations.--The regulations may provide
for cancellation provisions in multiyear contracts to the
extent that such provisions are necessary and in the best
interests of the United States. The cancellation provisions
may include consideration of both recurring and nonrecurring
costs of the contractor associated with the production of the
items to be delivered under the contract.
``(d) Participation by Subcontractors, Vendors, and
Suppliers.--In order to broaden the defense industrial base,
the regulations shall provide that, to the extent
practicable--
``(1) multiyear contracting under paragraph (1) shall be
used in such a manner as to seek, retain, and promote the use
under such contracts of companies that are subcontractors,
vendors, or suppliers; and
``(2) upon accrual of any payment or other benefit under
such a multiyear contract to any subcontractor, vendor, or
supplier company participating in such contract, such payment
or benefit shall be delivered to such company in the most
expeditious manner practicable.
``(e) Protection of Existing Authority.--The regulations
shall provide that, to the extent practicable, the
administration of this section, and of the regulations
prescribed under this section, shall not be carried out in a
manner to preclude or curtail the existing ability of an
agency--
``(1) to provide for competition in the production of items
to be delivered under such a contract; or
``(2) to provide for termination of a prime contract the
performance of which is deficient with respect to cost,
quality, or schedule.
``(f) Cancellation or Termination for Insufficient
Funding.--In the event funds are not made available for the
continuation of a contract made under this section into a
subsequent fiscal year, the contract shall be canceled or
terminated. The costs of cancellation or termination may be
paid from--
``(1) appropriations originally available for the
performance of the contract concerned;
``(2) appropriations currently available for procurement of
the type of property concerned, and not otherwise obligated;
or
``(3) funds appropriated for those payments.
``(g) Contract Cancellation Ceilings Exceeding
$100,000,000.--Before any contract described in subsection
(a) that contains a clause setting forth a cancellation
ceiling in excess of $100,000,000 may be awarded, the head of
the agency concerned shall give written notification of the
proposed contract and of the proposed cancellation ceiling
for that contract to the Committees on Armed Services and on
Appropriations of the Senate and House of Representatives,
and such contract may not then be awarded until the end of a
period of 30 days beginning on the date of such notification.
``(h) Defense Acquisitions of Weapon Systems.--In the case
of the Department of Defense, the authority under subsection
(a) includes authority to enter into the following multiyear
contracts in accordance with this section:
``(1) A multiyear contract for the purchase of a weapon
system, items and services associated with a weapon system,
and logistics support for a weapon system.
``(2) A multiyear contract for advance procurement of
components, parts, and materials necessary to the manufacture
of a weapon system, including a multiyear contract for such
advance procurement that is entered into in order to achieve
economic-lot purchases and more efficient production rates.
``(i) Defense Acquisitions Specifically Authorized by
Law.--(1) A multiyear contract may not be entered into for
any fiscal year under this section for a defense acquisition
program that has been specifically authorized by law to be
carried out using multiyear contract authority unless each of
the following conditions is satisfied:
``(A) The Secretary of Defense certifies to Congress that
the current five-year defense program fully funds the support
costs associated with the multiyear program.
``(B) The proposed multiyear contract provides for
production at not less than minimum economic rates given the
existing tooling and facilities.
``(2) If for any fiscal year a multiyear contract to be
entered into under this section is authorized by law for a
particular procurement program and that authorization is
subject to certain conditions established by law (including a
condition as to cost savings to be achieved under the
multiyear contract in comparison to specified other
contracts) and if it appears (after negotiations with
contractors) that such savings cannot be achieved, but that
substantial savings could nevertheless be achieved through
the use of a multiyear contract rather than specified other
contracts, the President may submit to Congress a request for
relief from the specified cost savings that must be achieved
through multiyear contracting for that program. Any such
request by the President shall include details about the
request for a multiyear contract, including details about the
negotiated contract terms and conditions.
``(j) Defense Contract Options for Varying Quantities.--The
Secretary of Defense may instruct the Secretary of the
military department concerned to incorporate into a proposed
multiyear contract negotiated priced options for varying the
quantities of end items to be procured over the period of the
contract.
``(k) Inapplicability to Automatic Data Processing
Contracts.--This section does not apply to contracts for the
purchase of property to which section 111 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
759) applies.
``(l) Multiyear Contract Defined.--For the purposes of this
subsection, a multiyear contract is a contract for the
purchase of property or services for more than one, but not
more than five, program years. Such a contract may provide
that performance under the contract during the second and
subsequent years of the contract is contingent upon the
appropriation of funds and (if it does so provide) may
provide for a cancellation payment to be made to the
contractor if such appropriations are not made.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
2306a the following:
``2306b. Multiyear contracts.''.
(b) Conforming Cross Reference.--Subsection (h) of section
2306 of title 10, United States Code, is amended to read as
follows:
``(h) Multiyear contracting authority is provided in
section 2306b of this title.''.
Subpart D--Miscellaneous
SEC. 1031. REPEAL OF REQUIREMENT FOR ANNUAL REPORT BY
ADVOCATES FOR COMPETITION.
Subsection (c) of section 2318 of title 10, United States
Code, is repealed.
PART II--CIVILIAN AGENCY ACQUISITIONS
Subpart A--Competition Requirements
SEC. 1051. REFERENCES TO FEDERAL ACQUISITION REGULATION.
Section 303 of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253) is amended--
(1) in subsection (a)(1)(A), by striking out
``modifications'' and all that follows through ``of 1984''
and inserting in lieu thereof ``Federal Acquisition
Regulation''; and
(2) in subsection (g)(1), by striking out ``regulations
modified'' and all that follows through ``of 1984,'' and
inserting in lieu thereof ``Federal Acquisition Regulation''.
SEC. 1052. ESTABLISHMENT OR MAINTENANCE OF ALTERNATIVE
SOURCES OF SUPPLY.
(a) Additional Justification for Establishing or
Maintaining Alternative Sources.--Section 303(b)(1) of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253(b)(1)) is amended--
(1) by striking out ``or'' at the end of subparagraph (B);
(2) by striking out the period at the end of subparagraph
(C) and inserting in lieu thereof a semicolon; and
(3) by adding at the end the following new subparagraphs:
``(D) would ensure the continuous availability of a
reliable source of supply of such property or service;
``(E) would satisfy projected needs for such property or
service determined on the basis of a history of high demand
for the property or service; or
``(F) in the case of medical supplies, safety supplies, or
emergency supplies, would satisfy a critical need for such
supplies.''.
(b) Prohibition on Use of Classes of Purchases or
Contracts.--Section 303(b) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253(b)) is
amended by adding at the end the following:
``(4) A determination under paragraph (1) may not be made
for a class of purchases or contracts.''.
SEC. 1053. CLARIFICATION OF APPROVAL AUTHORITY FOR USE OF
PROCEDURES OTHER THAN FULL AND OPEN
COMPETITION.
Section 303(f)(1)(B)(i) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C.
253(f)(1)(B)(i)) is amended by inserting before the semicolon
at the end the following: ``or by an official referred to in
clause (ii), (iii), or (iv)''.
SEC. 1054. TASK AND DELIVERY ORDER CONTRACTS.
(a) Authority.--Title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)
is amended by inserting after section 303G the following new
sections:
``SEC. 303H. TASK AND DELIVERY ORDER CONTRACTS: GENERAL
AUTHORITY.
``(a) Authority To Award.--Subject to the requirements of
this section, section 303J, and other applicable law, the
head of an executive agency may enter into a task or delivery
order contract (as defined in section 303K) for procurement
of services or property.
``(b) Solicitation.--The solicitation for a task or
delivery order contract shall include the following:
``(1) The period of the contract, including the number of
options to extend the contract and the period for which the
contract may be extended under each option, if any.
[[Page 1914]]
``(2) The maximum quantity or dollar value of the services
or property to be procured under the contract.
``(3) A statement of work, specifications, or other
description that reasonably describes the general scope,
nature, complexity, and purposes of the services or property
to be procured under the contract.
``(c) Applicability of Restriction on Use of Noncompetitive
Procedures.--The head of an executive agency may use
procedures other than competitive procedures to enter into a
task or delivery order contract under this section only if an
exception in subsection (c) of section 303 applies to the
contract and the use of such procedures is approved in
accordance with subsection (f) of such section.
``(d) Single and Multiple Contract Awards.--(1) The head of
an executive agency may exercise the authority provided in
this section--
``(A) to award a single task or delivery order contract; or
``(B) if the solicitation states that the head of the
executive agency has the option to do so, to award separate
task or delivery order contracts for the same or similar
services or property to two or more sources.
``(2) No determination under section 303(b) is required for
an award of multiple task or delivery order contracts under
paragraph (1)(B).
``(3) The regulations implementing this subsection shall--
``(A) establish a preference for awarding, to the maximum
extent practicable, multiple task or delivery order contracts
for the same or similar services or property under the
authority of paragraph (1)(B); and
``(B) establish criteria for determining when award of
multiple task or delivery order contracts would not be in the
best interest of the Federal Government.
``(e) Contract Modifications.--A task or delivery order may
not increase the scope, period, or maximum value of the task
or delivery order contract under which the order is issued.
The scope, period, or maximum value of the contract may be
increased only by modification of the contract.
``(f) Inapplicability to Contracts for Advisory and
Assistance Services.--Except as otherwise specifically
provided in section 303I, this section does not apply to a
task or delivery order contract for the acquisition of
advisory and assistance services (as defined in section
1105(g) of title 31, United States Code).
``(g) Relationship to Other Contracting Authority.--Nothing
in this section may be construed to limit or expand any
authority of the head of an executive agency or the
Administrator of General Services to enter into schedule,
multiple award, or task or delivery order contracts under any
other provision of law.
``SEC. 303I. TASK ORDER CONTRACTS: ADVISORY AND ASSISTANCE
SERVICES.
``(a) Authority To Award.--(1) Subject to the requirements
of this section, section 303J, and other applicable law, the
head of an executive agency may enter into a task order
contract (as defined in section 303K) for procurement of
advisory and assistance services.
``(2) The head of an executive agency may enter into a task
order contract for advisory and assistance services only
under the authority of this section.
``(b) Limitation on Contract Period.--The period of a task
order contract entered into under this section, including all
periods of extensions of the contract under options,
modifications, or otherwise, may not exceed five years unless
a longer period is specifically authorized in a law that is
applicable to such contract.
``(c) Content of Notice.--The notice required by section 18
of the Office of Federal Procurement Policy Act (41 U.S.C.
416) and section 8(e) of the Small Business Act (15 U.S.C.
637(e)) shall reasonably and fairly describe the general
scope, magnitude, and duration of the proposed task order
contract in a manner that would reasonably enable a potential
offeror to decide whether to request the solicitation and
consider submitting an offer.
``(d) Required Content of Solicitation and Contract.--(1)
The solicitation shall include the information (regarding
services) described in section 303H(b).
``(2) A task order contract entered into under this section
shall contain the same information that is required by
paragraph (1) to be included in the solicitation of offers
for that contract.
``(e) Multiple Awards.--(1) The head of an executive agency
may, on the basis of one solicitation, award separate task
order contracts under this section for the same or similar
services to two or more sources if the solicitation states
that the head of the executive agency has the option to do
so.
``(2) If, in the case of a task order contract for advisory
and assistance services to be entered into under the
authority of this section, the contract period is to exceed
three years and the contract amount is estimated to exceed
$10,000,000 (including all options), the solicitation shall--
``(A) provide for a multiple award authorized under
paragraph (1); and
``(B) include a statement that the head of the executive
agency may also elect to award only one task order contract
if the head of the executive agency determines in writing
that only one of the offerers is capable of providing the
services required at the level of quality required.
``(3) Paragraph (2) does not apply in the case of a
solicitation for which the head of the executive agency
concerned determines in writing that, because the services
required under the contract are unique or highly specialized,
it is not practicable to award more than one contract.
``(f) Contract Modifications.--(1) A task order may not
increase the scope, period, or maximum value of the task
order contract under which the order is issued. The scope,
period, or maximum value of the contract may be increased
only by modification of the contract.
``(2) Unless use of procedures other than competitive
procedures is authorized by an exception in subsection (c) of
section 303 and approved in accordance with subsection (f) of
such section, competitive procedures shall be used for making
such a modification.
``(3) Notice regarding the modification shall be provided
in accordance with section 18 of the Office of Federal
Procurement Policy Act (41 U.S.C. 416) and section 8(e) of
the Small Business Act (15 U.S.C. 637(e)).
``(g) Contract Extensions.--(1) Notwithstanding the
limitation on the contract period set forth in subsection (b)
or in a solicitation or contract pursuant to subsection (e),
a contract entered into by the head of an executive agency
under this section may be extended on a sole-source basis for
a period not exceeding six months if the head of such
executive agency determines that--
``(A) the award of a follow-on contract has been delayed by
circumstances that were not reasonably foreseeable at the
time the initial contract was entered into; and
``(B) the extension is necessary in order to ensure
continuity of the receipt of services pending the award of,
and commencement of performance under, the follow-on
contract.
``(2) A task order contract may be extended under the
authority of paragraph (1) only once and only in accordance
with the limitations and requirements of this subsection.
``(h) Inapplicability to Certain Contracts.--This section
does not apply to a contract for the acquisition of property
or services that includes acquisition of advisory and
assistance services if the head of the executive agency
entering into such contract determines that, under the
contract, advisory and assistance services are necessarily
incident to, and not a significant component of, the
contract.
``(i) Advisory and Assistance Services Defined.--In this
section, the term `advisory and assistance services' has the
meaning given such term in section 1105(g) of title 31,
United States Code.
``SEC. 303J. TASK AND DELIVERY ORDER CONTRACTS: ORDERS.
``(a) Issuance of Orders.--The following actions are not
required for issuance of a task or delivery order under a
task or delivery order contract:
``(1) A separate notice for such order under section 18 of
the Office of Federal Procurement Policy Act (41 U.S.C. 416)
or section 8(e) of the Small Business Act (15 U.S.C. 637(e)).
``(2) Except as provided in subsection (b), a competition
(or a waiver of competition approved in accordance with
section 303(f)) that is separate from that used for entering
into the contract.
``(b) Multiple Award Contracts.--When multiple contracts
are awarded under section 303H(d)(1)(B) or 303I(e), all
contractors awarded such contracts shall be provided a fair
opportunity to be considered, pursuant to procedures set
forth in the contracts, for each task or delivery order in
excess of $2,500 that is to be issued under any of the
contracts unless--
``(1) the executive agency's need for the services or
property ordered is of such unusual urgency that providing
such opportunity to all such contractors would result in
unacceptable delays in fulfilling that need;
``(2) only one such contractor is capable of providing the
services or property required at the level of quality
required because the services or property ordered are unique
or highly specialized;
``(3) the task or delivery order should be issued on a
sole-source basis in the interest of economy and efficiency
because it is a logical follow-on to a task or delivery order
already issued on a competitive basis; or
``(4) it is necessary to place the order with a particular
contractor in order to satisfy a minimum guarantee.
``(c) Statement of Work.--A task or delivery order shall
include a statement of work that clearly specifies all tasks
to be performed or property to be delivered under the order.
``(d) Protests.--A protest is not authorized in connection
with the issuance or proposed issuance of a task or delivery
order except for a protest on the ground that the order
increases the scope, period, or maximum value of the contract
under which the order is issued.
``(e) Task and Delivery Order Ombudsman.--The head of each
executive agency who awards multiple task or delivery order
contracts pursuant to section 303H(d)(1)(B) or 303I(e) shall
appoint or designate a task and delivery order ombudsman who
shall be responsible for reviewing complaints from the
contractors on such contracts and ensuring that all of the
contractors are afforded a fair opportunity to be considered
for task or delivery orders when required under subsection
(b). The task and delivery order ombudsman shall be a senior
agency official who is independent of the contracting officer
for the contracts and may be the executive agency's
competition advocate.
[[Page 1915]]
``(f) Applicability.--This section applies to task and
delivery order contracts entered into under sections 303H and
303I.
``SEC. 303K. TASK AND DELIVERY ORDER CONTRACTS: DEFINITIONS.
``In sections 303H, 303I, and 303J:
``(1) The term `task order contract' means a contract for
services that does not procure or specify a firm quantity of
services (other than a minimum or maximum quantity) and that
provides for the issuance of orders for the performance of
tasks during the period of the contract.
``(2) The term `delivery order contract' means a contract
for property that does not procure or specify a firm quantity
of property (other than a minimum or maximum quantity) and
that provides for the issuance of orders for the delivery of
property during the period of the contract.''.
(b) Provisions Not Affected.--Nothing in section 303H,
303I, 303J, or 303K of the Federal Property and
Administrative Services Act of 1949, as added by subsection
(a), shall be construed as modifying or superseding, or as
intended to impair or restrict, authorities or
responsibilities under--
(1) the Brooks Automatic Data Processing Act (section 111
of the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 759)); and
(2) the Brooks Architect-Engineers Act (title IX of the
Federal Property and Administrative Services Act of 1949 (40
U.S.C. 541 et seq.)).
SEC. 1055. ACQUISITION OF EXPERT SERVICES.
(a) Exception to Requirement for Use of Competitive
Procedures.--Section 303(c)(3) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253(c)) is
amended--
(1) by striking out ``or (B)'' and inserting in lieu
thereof ``(B)''; and
(2) by inserting before the semicolon at the end the
following: ``, or (C) to procure the services of an expert
for use, in any litigation or dispute (including any
reasonably foreseeable litigation or dispute) involving the
Federal Government, in any trial, hearing, or proceeding
before any court, administrative tribunal, or agency, or in
any part of an alternative dispute resolution process,
whether or not the expert is expected to testify''.
(b) Procurement Notice.--(1) Section 18(c)(1) of the Office
of Federal Procurement Policy Act (41 U.S.C. 416(c)) is
amended--
(A) by striking out ``or'' at the end of subparagraph (D);
(B) by striking out the period at the end of subparagraph
(E) and inserting in lieu thereof ``; or''; and
(C) by adding at the end the following:
``(F) the procurement is for the services of an expert for
use in any litigation or dispute (including any reasonably
foreseeable litigation or dispute) involving the Federal
Government in any trial, hearing, or proceeding before any
court, administrative tribunal, or agency, or in any part of
an alternative dispute resolution process, whether or not the
expert is expected to testify.''.
(2) Section 8(g)(1) of the Small Business Act (15 U.S.C.
637(c)) is amended--
(A) by striking out ``or'' at the end of subparagraph (D);
(B) by striking out the period at the end of subparagraph
(E) and inserting in lieu thereof ``; or''; and
(C) by adding at the end the following:
``(F) the procurement is for the services of an expert for
use in any litigation or dispute (including preparation for
any foreseeable litigation or dispute) that involves or could
involve the Federal Government in any trial, hearing, or
proceeding before any court, administrative tribunal, or
agency, or in any part of an alternative dispute resolution
process, whether or not the expert is expected to testify.''.
(c) Repeal of Amendments to Uncodified Title.--The
following provisions of law are repealed:
(1) Section 532 of Public Law 101-509 (104 Stat. 1470) and
the provision of law set out in quotes in that section.
(2) Section 529 of Public Law 102-393 (106 Stat. 1761) and
the matters inserted and added by that section.
Subpart B--Planning, Solicitation, Evaluation, and Award
SEC. 1061. SOLICITATION, EVALUATION, AND AWARD.
(a) Content of Solicitation.--Subsection (b) of section
303A of the Federal Property and Administrative Services Act
of 1949 (41 U.S.C. 253a) is amended--
(1) in paragraph (1)--
(A) by amending subparagraph (A) to read as follows:
``(A) all significant factors and significant subfactors
which the executive agency reasonably expects to consider in
evaluating sealed bids (including price) or competitive
proposals (including cost or price, cost-related or price-
related factors and subfactors, and noncost-related or
nonprice-related factors and subfactors); and''; and
(B) in subparagraph (B), by inserting ``and subfactors''
after ``factors''; and
(2) in paragraph (2)(B), by amending clause (i) to read as
follows:
``(i) either a statement that the proposals are intended to
be evaluated with, and award made after, discussions with the
offerors, or a statement that the proposals are intended to
be evaluated, and award made, without discussions with the
offerors (other than discussions conducted for the purpose of
minor clarification) unless discussions are determined to be
necessary; and''.
(b) Evaluation Factors.--Such section is further amended by
adding at the end the following new subsections:
``(c)(1) In prescribing the evaluation factors to be
included in each solicitation for competitive proposals, an
executive agency--
``(A) shall clearly establish the relative importance
assigned to the evaluation factors and subfactors, including
the quality of the product or services to be provided
(including technical capability, management capability, prior
experience, and past performance of the offeror);
``(B) shall include cost or price to the Federal Government
as an evaluation factor that must be considered in the
evaluation of proposals; and
``(C) shall disclose to offerors whether all evaluation
factors other than cost or price, when combined, are--
``(i) significantly more important than cost or price;
``(ii) approximately equal in importance to cost or price;
or
``(iii) significantly less important than cost or price.
``(2) The regulations implementing subparagraph (C) of
paragraph (1) may not define the terms `significantly more
important' and `significantly less important' as specific
numeric weights that would be applied uniformly to all
solicitations or a class of solicitations.
``(d) Nothing in this section prohibits an executive agency
from--
``(1) providing additional information in a solicitation,
including numeric weights for all evaluation factors and
subfactors on a case-by-case basis; or
``(2) stating in a solicitation that award will be made to
the offeror that meets the solicitation's mandatory
requirements at the lowest cost or price.''.
(c) Evaluation and Award.--Section 303B of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
253b) is amended--
(1) in subsection (a), by inserting ``, and award a
contract,'' after ``competitive proposals'';
(2) in subsection (c), by inserting ``in accordance with
subsection (a)'' in the second sentence after ``shall
evaluate the bids''; and
(3) in subsection (d)--
(A) by striking out paragraph (1) and inserting in lieu
thereof the following:
``(1) An executive agency shall evaluate competitive
proposals in accordance with subsection (a) and may award a
contract--
``(A) after discussions with the offerors, provided that
written or oral discussions have been conducted with all
responsible offerors who submit proposals within the
competitive range; or
``(B) based on the proposals received and without
discussions with the offerors (other than discussions
conducted for the purpose of minor clarification), if, as
required by section 303A(b)(2)(B)(i), the solicitation
included a statement that proposals are intended to be
evaluated, and award made, without discussions, unless
discussions are determined to be necessary.'';
(B) by striking out paragraphs (2) and (3) and by
redesignating paragraph (4) as paragraph (2); and
(C) in paragraph (2), as redesignated by subparagraph (B),
by inserting ``cost or'' before ``price'' in the first
sentence.
SEC. 1062. SOLICITATION PROVISION REGARDING EVALUATION OF
PURCHASE OPTIONS.
Section 303A of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253a), as amended by section
1061, is further amended by adding at the end the following
new subsection:
``(e) An executive agency, in issuing a solicitation for a
contract to be awarded using sealed bid procedures, may not
include in such solicitation a clause providing for the
evaluation of prices for options to purchase additional
property or services under the contract unless the executive
agency has determined that there is a reasonable likelihood
that the options will be exercised.''.
SEC. 1063. PROMPT NOTICE OF AWARD.
(a) Sealed Bid Procedures.--Subsection (c) of section 303B
of the Federal Property and Administrative Services Act of
1949 (41 U.S.C. 253b) is amended--
(1) in the last sentence, by striking out ``transmitting
written notice'' and inserting in lieu thereof
``transmitting, in writing or by electronic means, notice'';
and
(2) by adding at the end the following: ``Within 3 days
after the date of contract award, the executive agency shall
notify, in writing or by electronic means, each bidder not
awarded the contract that the contract has been awarded.''.
(b) Competitive Proposals Procedures.--Paragraph (2) of
subsection (d) of such section, as redesignated by section
1061(c)(3)(B), is amended in the second sentence--
(1) by striking out ``transmitting written notice'' and
inserting in lieu thereof ``transmitting, in writing or by
electronic means, notice''; and
(2) by striking out ``shall promptly notify'' and inserting
in lieu thereof ``, within 3 days after the date of contract
award, shall notify, in writing or by electronic means,''.
SEC. 1064. POST-AWARD DEBRIEFINGS.
Section 303B of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253b) is amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e)(1) When a contract is awarded by the head of an
executive agency on the basis of
[[Page 1916]]
competitive proposals, an unsuccessful offeror, upon written
request received by the agency within 3 days after the date
on which the unsuccessful offeror receives the notification
of the contract award, shall be debriefed and furnished the
basis for the selection decision and contract award. The
executive agency shall debrief the offeror within, to the
maximum extent practicable, 5 days after receipt of the
request by the executive agency.
``(2) The debriefing shall include, at a minimum--
``(A) the executive agency's evaluation of the significant
weak or deficient factors in the offeror's offer;
``(B) the overall evaluated cost and technical rating of
the offer of the contractor awarded the contract and the
overall evaluated cost and technical rating of the offer of
the debriefed offeror;
``(C) the overall ranking of all offers;
``(D) a summary of the rationale for the award;
``(E) in the case of a proposal that includes a commercial
item that is an end item under the contract, the make and
model of the item being provided in accordance with the offer
of the contractor awarded the contract; and
``(F) reasonable responses to relevant questions posed by
the debriefed offeror as to whether source selection
procedures set forth in the solicitation, applicable
regulations, and other applicable authorities were followed
by the executive agency.
``(3) The debriefing may not include point-by-point
comparisons of the debriefed offeror's offer with other
offers and may not disclose any information that is exempt
from disclosure under section 552(b) of title 5, United
States Code.
``(4) Each solicitation for competitive proposals shall
include a statement that information described in paragraph
(2) may be disclosed in post-award debriefings.
``(5) If, within one year after the date of the contract
award and as a result of a successful procurement protest,
the executive agency seeks to fulfill the requirement under
the protested contract either on the basis of a new
solicitation of offers or on the basis of new best and final
offers requested for that contract, the head of such
executive agency shall make available to all offerors--
``(A) the information provided in debriefings under this
subsection regarding the offer of the contractor awarded the
contract; and
``(B) the same information that would have been provided to
the original offerors.
``(6) The contracting officer shall include a summary of
the debriefing in the contract file.''.
SEC. 1065. PROTEST FILE.
Section 303B of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253b), as amended by section
1064(1), is further amended by adding at the end the
following:
``(h) Protest File.--(1) If, in the case of a solicitation
for a contract issued by, or an award or proposed award of a
contract by, the head of an executive agency, a protest is
filed pursuant to the procedures in subchapter V of chapter
35 of title 31, United States Code, and an actual or
prospective offeror so requests, a file of the protest shall
be established by the procuring activity and reasonable
access shall be provided to actual or prospective offerors.
``(2) Information exempt from disclosure under section 552
of title 5, United States Code, may be redacted in a file
established pursuant to paragraph (1) unless an applicable
protective order provides otherwise.
``(3) Regulations implementing this subsection shall be
consistent with the regulations regarding the preparation and
submission of an agency's protest file (the so-called `rule 4
file') for protests to the General Services Board of Contract
Appeals under section 111 of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 759).''.
SEC. 1066. AGENCY ACTIONS ON PROTESTS.
Section 303B of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253b), as amended by section
1065, is further amended by adding at the end the following
new subsection:
``(i) Agency Actions on Protests.--If, in connection with a
protest, the head of an executive agency determines that a
solicitation, proposed award, or award does not comply with
the requirements of law or regulation, the head of such
executive agency--
``(1) may take any action set out in subparagraphs (A)
through (F) of subsection (b)(1) of section 3554 of title 31,
United States Code; and
``(2) may pay costs described in paragraph (1) of section
3554(c) of such title within the limits referred to in
paragraph (2) of such section.''.
Subpart C--Kinds of Contracts
SEC. 1071. REPEAL OF AGENCY HEAD DETERMINATION REGARDING USE
OF COST TYPE OR INCENTIVE CONTRACT.
Section 304(b) of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 254(b)) is amended by
striking out the second sentence.
SEC. 1072. MULTIYEAR CONTRACTING AUTHORITY.
Title III of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 251 et seq.) is amended by
inserting after section 304 the following new section:
``SEC. 304B. MULTIYEAR CONTRACTS.
``(a) Authority.--An executive agency may enter into a
multiyear contract for the acquisition of property or
services if--
``(1) funds are available and obligated for such contract,
for the full period of the contract or for the first fiscal
year in which the contract is in effect, and for the
estimated costs associated with any necessary termination of
such contract; and
``(2) the executive agency determines that--
``(A) the need for the property or services is reasonably
firm and continuing over the period of the contract; and
``(B) a multiyear contract will serve the best interests of
the United States by encouraging full and open competition or
promoting economy in administration, performance, and
operation of the agency's programs.
``(b) Termination Clause.--A multiyear contract entered
into under the authority of this section shall include a
clause that provides that the contract shall be terminated if
funds are not made available for the continuation of such
contract in any fiscal year covered by the contract. Amounts
available for paying termination costs shall remain available
for such purpose until the costs associated with termination
of the contract are paid.
``(c) Cancellation Ceiling Notice.--Before any contract
described in subsection (a) that contains a clause setting
forth a cancellation ceiling in excess of $10,000,000 may be
awarded, the executive agency shall give written notification
of the proposed contract and of the proposed cancellation
ceiling for that contract to the Congress, and such contract
may not then be awarded until the end of a period of 30 days
beginning on the date of such notification.
``(d) Multiyear Contract Defined.--For the purposes of this
section, a multiyear contract is a contract for the purchase
of property or services for more than one, but not more than
five, program years. Such a contract may provide that
performance under the contract during the second and
subsequent years of the contract is contingent upon the
appropriation of funds and (if it does so provide) may
provide for a cancellation payment to be made to the
contractor if such appropriations are not made.
``(e) Rule of Construction.--Nothing in this section is
intended to modify or affect any other provision of law that
authorizes multiyear contracts.''.
SEC. 1073. SEVERABLE SERVICES CONTRACTS CROSSING FISCAL
YEARS.
Title III of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 251 et seq.), as amended by
section 1054, is further amended by inserting after section
303I the following new section:
``SEC. 303L. SEVERABLE SERVICES CONTRACTS FOR PERIODS
CROSSING FISCAL YEARS.
``(a) Authority.--The head of an executive agency may enter
into a contract for procurement of severable services for a
period that begins in one fiscal year and ends in the next
fiscal year if (without regard to any option to extend the
period of the contract) the contract period does not exceed
one year.
``(b) Obligation of Funds.--Funds made available for a
fiscal year may be obligated for the total amount of a
contract entered into under the authority of subsection
(a).''.
SEC. 1074. ECONOMY ACT PURCHASES.
(a) Regulations Required.--The Federal Acquisition
Regulation shall be revised to include regulations governing
the exercise of the authority under section 1535 of title 31,
United States Code, for Federal agencies to purchase goods
and services under contracts entered into or administered by
other agencies.
(b) Content of Regulations.--The regulations prescribed
pursuant to subsection (a) shall--
(1) require that each purchase described in subsection (a)
be approved in advance by a contracting officer of the
ordering agency with authority to contract for the goods or
services to be purchased or by another official in a position
specifically designated by regulation to approve such
purchase;
(2) provide that such a purchase of goods or services may
be made only if--
(A) the purchase is appropriately made under a contract
that the agency filling the purchase order entered into,
before the purchase order, in order to meet the requirements
of such agency for the same or similar goods or services;
(B) the agency filling the purchase order is better
qualified to enter into or administer the contract for such
goods or services by reason of capabilities or expertise that
is not available within the ordering agency; or
(C) the agency or unit filling the order is specifically
authorized by law or regulations to purchase such goods or
services on behalf of other agencies;
(3) prohibit any such purchase under a contract or other
agreement entered into or administered by an agency not
covered by the provisions of chapter 137 of title 10, United
States Code, or title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)
and not covered by the Federal Acquisition Regulation unless
the purchase is approved in advance by the senior procurement
official responsible for purchasing by the ordering agency;
and
(4) prohibit any payment to the agency filling a purchase
order of any fee that exceeds the actual cost or, if the
actual cost is not known, the estimated cost of entering into
and administering the contract or other agreement under which
the order is filled.
(c) Monitoring System Required.--The Administrator for
Federal Procurement Policy shall ensure that, not later than
one year
[[Page 1917]]
after the date of the enactment of this Act, systems for
collecting and evaluating procurement data are capable of
collecting and evaluating appropriate data on procurements
conducted under the regulations prescribed pursuant to
subsection (a).
(d) Termination.--This section shall cease to be effective
one year after the date on which final regulations prescribed
pursuant to subsection (a) take effect.
PART III--ACQUISITIONS GENERALLY
SEC. 1091. POLICY REGARDING CONSIDERATION OF CONTRACTOR PAST
PERFORMANCE.
(a) Policy.--Section 2 of the Office of Federal Procurement
Policy Act (41 U.S.C. 401) is amended--
(1) by striking out ``and'' at the end of paragraph (12);
(2) by striking out the period at the end of paragraph (13)
and inserting in lieu thereof ``; and''; and
(3) by adding at the end the following new paragraph:
``(14) establishing policies and procedures that encourage
the consideration of the offerors' past performance in the
selection of contractors.''.
(b) Guidance Required.--(1) Congress makes the following
findings:
(A) Past contract performance of an offeror is one of the
relevant factors that a contracting official of an executive
agency should consider in awarding a contract.
(B) It is appropriate for a contracting official to
consider past contract performance of an offeror as an
indicator of the likelihood that the offeror will
successfully perform a contract to be awarded by that
official.
(2) Section 6 of the Office of Federal Procurement Policy
Act (41 U.S.C. 405) is amended by adding at the end the
following:
``(j)(1) The Administrator shall prescribe for executive
agencies guidance regarding consideration of the past
contract performance of offerors in awarding contracts. The
guidance shall include--
``(A) standards for evaluating past performance with
respect to cost (when appropriate), schedule, compliance with
technical or functional specifications, and other relevant
performance factors that facilitate consistent and fair
evaluation by all executive agencies;
``(B) policies for the collection and maintenance of
information on past contract performance that, to the maximum
extent practicable, facilitate automated collection,
maintenance, and dissemination of information and provide for
ease of collection, maintenance, and dissemination of
information by other methods, as necessary;
``(C) policies for ensuring that--
``(i) offerors are afforded an opportunity to submit
relevant information on past contract performance, including
performance under contracts entered into by the executive
agency concerned, contracts entered into by other departments
and agencies of the Federal Government, contracts entered
into by agencies of State and local governments, and
contracts entered into by commercial customers; and
``(ii) such information submitted by offerors is
considered; and
``(D) the period for which information on past performance
of offerors may be maintained and considered.
``(2) In the case of an offeror with respect to which there
is no information on past contract performance or with
respect to which information on past contract performance is
not available, the offeror may not be evaluated favorably or
unfavorably on the factor of past contract performance.''.
SEC. 1092. REPEAL OF REQUIREMENT FOR ANNUAL REPORT ON
COMPETITION.
Section 23 of the Office of Federal Procurement Policy Act
(41 U.S.C. 419) is repealed.
SEC. 1093. DISCOURAGEMENT OF NONSTANDARD CONTRACT CLAUSES.
The Office of Federal Procurement Policy Act (41 U.S.C. 401
et seq.) is amended by adding at the end the following new
section:
``SEC. 29. NONSTANDARD CONTRACT CLAUSES.
``The Federal Acquisition Regulatory Council shall
promulgate regulations to discourage the use of a nonstandard
contract clause on a repetitive basis. The regulations shall
include provisions that--
``(1) clearly define what types of contract clauses are to
be treated as nonstandard clauses; and
``(2) require prior approval for the use of a nonstandard
clause on a repetitive basis by an official at a level of
responsibility above the contracting officer.''.
Subtitle B--Truth in Negotiations
PART I--ARMED SERVICES ACQUISITIONS
SEC. 1201. STABILIZATION OF DOLLAR THRESHOLD OF
APPLICABILITY.
(a) Repeal of Reversion to Lower Threshold.--Paragraph
(1)(A) of section 2306a(a) of title 10, United States Code,
is amended--
(1) in clause (i), by striking out ``and before January 1,
1996,''; and
(2) in clause (ii), by striking out ``or after December 31,
1995,''.
(b) Adjustments for Changes in Dollar Values.--Section
2306a(a) of such title is amended by adding at the end the
following new subparagraph:
``(7) Effective on October 1 of each year that is divisible
by 5, each amount set forth in paragraph (1) shall be
adjusted to the amount that is equal to the fiscal year 1994
constant dollar value of the amount set forth. Any amount, as
so adjusted, that is not evenly divisible by $50,000 shall be
rounded to the nearest multiple of $50,000. In the case of an
amount that is evenly divisible by $25,000 but not evenly
divisible by $50,000, the amount shall be rounded to the next
higher multiple of $50,000.''.
(c) Repeal.--Paragraph (6) of section 2306a(a) of such
title is amended--
(1) by striking out ``(A)''; and
(2) by striking out subparagraph (B).
SEC. 1202. EXCEPTIONS TO COST OR PRICING DATA REQUIREMENTS.
(a) Exceptions Stated.--Subsection (b) of section 2306a of
title 10, United States Code, is amended to read as follows:
``(b) Exceptions.--
``(1) In general.--Submission of cost or pricing data shall
not be required under subsection (a) in the case of a
contract, a subcontract, or modification of a contract or
subcontract--
``(A) for which the price agreed upon is based on--
``(i) adequate price competition;
``(ii) established catalog or market prices of commercial
items that are sold in substantial quantities to the general
public; or
``(iii) prices set by law or regulation; or
``(B) in an exceptional case when the head of the procuring
activity, without delegation, determines that the
requirements of this section may be waived and justifies in
writing the reasons for such determination.
``(2) Modifications of contracts and subcontracts for
commercial items.--In the case of a modification of a
contract or subcontract for a commercial item that is not
covered by the prohibition on the submission of cost or
pricing data in paragraph (1)(A), submission of cost or
pricing data shall not be required under subsection (a) if--
``(A) the contract or subcontract being modified is a
contract or subcontract for which submission of cost or
pricing data may not be required by reason of paragraph
(1)(A); and
``(B) the modification would not change the contract or
subcontract, as the case may be, from a contract or
subcontract for the acquisition of a commercial item to a
contract or subcontract for the acquisition of an item other
than a commercial item.''.
``(3) FAR standards.-- The Federal Acquisition Regulation
shall provide clear standards for determining whether the
exceptions provided in paragraph (1)(A) apply. In the case of
the exception provided in paragraph (1)(A)(i), the
regulations shall specify the criteria to be used to
determine whether adequate price competition exists. In the
case of the exception provided in paragraph (1)(A)(ii), the
regulations shall provide that the exception applies to items
that are sold in substantial quantities to the general
public, without regard to the quantity of items that may be
sold to the Federal Government.''.
(b) Conforming Amendment to Reference.--Subsection (a)(5)
of such section is amended by striking out ``subsection
(b)(2)'' and inserting in lieu thereof ``subsection
(b)(1)(B)''.
SEC. 1203. RESTRICTIONS ON ADDITIONAL AUTHORITY TO REQUIRE
COST OR PRICING DATA OR OTHER INFORMATION.
Subsection (c) of section 2306a of title 10, United States
Code, is amended to read as follows:
``(c) Restrictions on Additional Authority to Require Cost
or Pricing Data or Other Information.--
``(1) Authority to require cost or pricing data on below-
threshold contracts.--(A) Subject to subparagraph (B), when
cost or pricing data are not required to be submitted by
subsection (a) for a contract, subcontract, or modification
of a contract or subcontract, such data may nevertheless be
required to be submitted by the head of the procuring
activity, but only if the head of the procuring activity
determines that such data are necessary for the evaluation by
the agency of the reasonableness of the price of the
contract, subcontract, or modification of a contract or
subcontract. In any case in which the head of the procuring
activity requires such data to be submitted under this
subsection, the head of the procuring activity shall justify
in writing the reason for such requirement.
``(B) The head of the procuring activity may not require
certified cost or pricing data to be submitted under this
paragraph for any contract or subcontract, or modification of
a contract or subcontract, covered by the exceptions in
subsection (b)(1)(A).
``(C) The head of a procuring activity may not delegate
functions under this paragraph.
``(2) Authority to require information other than certified
cost or pricing data.--When certified cost or pricing data
are not required to be submitted under this section for a
contract, subcontract, or modification of a contract or
subcontract, the head of the procuring activity may require
submission of data other than certified cost or pricing data
to the extent necessary to determine the reasonableness of
the price of the contract, subcontract, or modification of
the contract or subcontract.''.
SEC. 1204. ADDITIONAL SPECIAL RULES FOR COMMERCIAL ITEMS.
Section 2306a of title 10, United States Code, is amended--
(1) by redesignating subsections (d), (e), (f), and (g) as
subsections (e), (f), (g), and (i), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Additional Exception Provisions Regarding Commercial
Items.--
``(1) Procurements based on adequate price competition.--To
the maximum extent practicable, the head of an agency shall
conduct procurements of commercial items on a competitive
basis. In any procurement of a
[[Page 1918]]
commercial item conducted on a competitive basis and based
upon adequate price competition, the head of the agency
conducting the procurement shall not require cost or pricing
data to be submitted under subsection (a) for the contract,
subcontract, or modification of the contract or subcontract
under the procurement. If additional information is necessary
to determine the reasonableness of the price of the contract,
subcontract, or modification, the head of the agency shall,
to the maximum extent practicable, obtain the additional
information from sources other than the offeror.
``(2) Procurements not based on adequate price
competition.--(A)(i) In any case in which it is not
practicable to conduct a procurement of a commercial item
covered by subsection (a) on a competitive basis, and the
procurement is not covered by an exception in subsection (b),
the contracting officer shall seek to obtain from the offeror
or contractor information described in clause (ii). When such
information is not available from that source, the
contracting officer shall seek to obtain such information
from another source or sources.
``(ii) The information referred in clause (i) is
information on prices at which the same item or similar items
have been sold in the commercial market that is adequate for
evaluating, through price analysis, the reasonableness of the
price of the contract, subcontract, or modification of the
contract or subcontract under the procurement.
``(B) The contracting officer shall exempt a contract,
subcontract, or modification of a contract or subcontract
under the procurement from the requirements of subsection (a)
if the contracting officer obtains the information described
in subparagraph (A)(ii) in accordance with standards and
procedures set forth in the Federal Acquisition Regulation.
``(C) A contracting officer may require submission of cost
or pricing data under subsection (a) only if the contracting
officer makes a written determination that the agency is
unable to obtain the information described in subparagraph
(A)(ii).
``(3) Authority to audit.--(A) In accordance with
procedures prescribed in the Federal Acquisition Regulation,
the head of an agency is authorized to examine all
information provided by an offeror, contractor, or
subcontractor pursuant to paragraph (2)(A) and all books and
records of such offeror, contractor, or subcontractor that
directly relate to such information in order to determine
whether the agency is receiving accurate information required
under this subsection.
``(B) The right under subparagraph (A) shall expire 2 years
after the date of award of the contract, or 2 years after the
date of the modification of the contract, with respect to
which the information was provided.
``(4) Limitations on requests for data.--The Federal
Acquisition Regulation shall include reasonable limitations
on requests under this section for sales data relating to
commercial items.
``(5) Form of information.--In requesting information from
an offeror under this subsection, a contracting officer
shall, to the maximum extent practicable, limit the scope of
the request to include only information that is in the form
regularly maintained by the offeror in commercial operations.
``(6) Confidentiality.--Any information received under this
subsection that is exempt from disclosure under section
552(b) of title 5 shall not be disclosed by the Federal
Government.''.
SEC. 1205. RIGHT OF UNITED STATES TO EXAMINE CONTRACTOR
RECORDS.
Section 2306a of title 10, United States Code, is amended
by striking out subsection (g), as redesignated by section
1204(1), and inserting in lieu thereof the following:
``(g) Right of United States To Examine Contractor
Records.--For the purpose of evaluating the accuracy,
completeness, and currency of cost or pricing data required
to be submitted by this section, the head of an agency shall
have the authority provided by section 2313(a)(2) of this
title.''.
SEC. 1206. REQUIRED REGULATIONS.
Section 2306a of title 10, United States Code, as amended
by sections 1204 and 1205, is further amended by inserting
after subsection (g) the following new subsection:
``(h) Required Regulations.--The Federal Acquisition
Regulation shall contain provisions concerning the types of
information that offerors must submit for a contracting
officer to consider in determining whether the price of a
procurement to the Government is fair and reasonable when
certified cost or pricing data are not required to be
submitted under this section because the price of the
procurement to the United States is not expected to exceed
the applicable threshold amount set forth in subsection (a)
(as adjusted pursuant to paragraph (7) of such subsection).
Such information, at a minimum, shall include appropriate
information on the prices at which the same item or similar
items have previously been sold that is adequate for
evaluating the reasonableness of the price of the proposed
contract or subcontract for the procurement.''.
SEC. 1207. CONSISTENCY OF TIME REFERENCES.
Section 2306a of title 10, United States Code, as amended
by section 1204(1), is further amended in subparagraphs
(A)(ii) and (B)(ii) of subsection (e)(4), by inserting ``or,
if applicable consistent with paragraph (1)(B), another date
agreed upon between the parties,'' after ``(or price of the
modification)''.
SEC. 1208. EXCEPTION FOR TRANSFERS BETWEEN DIVISIONS,
SUBSIDIARIES, AND AFFILIATES.
Subsection (i) of section 2306a of title 10, United States
Code, as redesignated by section 1204(1), is amended to read
as follows:
``(i) Definitions.--In this section:
``(1) Cost or pricing data.--The term `cost or pricing
data' means all facts that, as of the date of agreement on
the price of a contract (or the price of a contract
modification), or, if applicable consistent with subsection
(e)(1)(B), another date agreed upon between the parties, a
prudent buyer or seller would reasonably expect to affect
price negotiations significantly. Such term does not include
information that is judgmental, but does include the factual
information from which a judgment was derived.
``(2) Subcontract.--The term `subcontract' includes a
transfer of commercial items between divisions, subsidiaries,
or affiliates of a contractor or a subcontractor.
``(3) Commercial item.--The term `commercial item' has the
meaning provided such term in section 4(12) of the Office of
Federal Procurement Policy Act.''.
SEC. 1209. COVERAGE OF COAST GUARD AND NASA FOR INTEREST AND
PAYMENTS ON CERTAIN OVERPAYMENTS.
Paragraph (1) of subsection (f) of section 2306a of title
10, United States Code, as redesignated by section 1204(1),
is amended by striking out ``with the Department of Defense''
in the matter preceding subparagraph (A).
SEC. 1210. REPEAL OF SUPERSEDED PROVISION.
Subsections (b) and (c) of section 803 of Public Law 101-
510 (10 U.S.C. 2306a note) are repealed.
PART II--CIVILIAN AGENCY ACQUISITIONS
SEC. 1251. REVISION OF CIVILIAN AGENCY PROVISIONS TO ENSURE
UNIFORM TREATMENT OF COST OR PRICING DATA.
(a) Revision.--Title III of the Federal Property and
Administrative Services Act of 1949 is amended--
(1) in section 304 (41 U.S.C. 254), by striking out
subsection (d); and
(2) by inserting before section 304B, as added by section
1072, the following new section:
``SEC. 304A. COST OR PRICING DATA: TRUTH IN NEGOTIATIONS.
``(a) Required Cost or Pricing Data and Certification.--(1)
The head of an executive agency shall require offerors,
contractors, and subcontractors to make cost or pricing data
available as follows:
``(A) An offeror for a prime contract under this title to
be entered into using procedures other than sealed-bid
procedures shall be required to submit cost or pricing data
before the award of a contract if--
``(i) in the case of a prime contract entered into after
the date of the enactment of the Federal Acquisition
Streamlining Act of 1994, the price of the contract to the
United States is expected to exceed $500,000; and
``(ii) in the case of a prime contract entered into on or
before the date of the enactment of the Federal Acquisition
Streamlining Act of 1994, the price of the contract to the
United States is expected to exceed $100,000.
``(B) The contractor for a prime contract under this title
shall be required to submit cost or pricing data before the
pricing of a change or modification to the contract if--
``(i) in the case of a change or modification made to a
prime contract referred to in subparagraph (A)(i), the price
adjustment is expected to exceed $500,000;
``(ii) in the case of a change or modification made to a
prime contract that was entered into on or before the date of
the enactment of the Federal Acquisition Streamlining Act of
1994, and that has been modified pursuant to paragraph (6),
the price adjustment is expected to exceed $500,000; and
``(iii) in the case of a change or modification not covered
by clause (i) or (ii), the price adjustment is expected to
exceed $100,000.
``(C) An offeror for a subcontract (at any tier) of a
contract under this title shall be required to submit cost or
pricing data before the award of the subcontract if the prime
contractor and each higher-tier subcontractor have been
required to make available cost or pricing data under this
section and--
``(i) in the case of a subcontract under a prime contract
referred to in subparagraph (A)(i), the price of the
subcontract is expected to exceed $500,000;
``(ii) in the case of a subcontract entered into under a
prime contract that was entered into on or before the date of
the enactment of the Federal Acquisition Streamlining Act of
1994, and that has been modified pursuant to paragraph (6),
the price of the subcontract is expected to exceed $500,000;
and
``(iii) in the case of a subcontract not covered by clause
(i) or (ii), the price of the subcontract is expected to
exceed $100,000.
``(D) The subcontractor for a subcontract covered by
subparagraph (C) shall be required to submit cost or pricing
data before the pricing of a change or modification to the
subcontract if--
``(i) in the case of a change or modification to a
subcontract referred to in subparagraph (C)(i) or (C)(ii),
the price adjustment is expected to exceed $500,000; and
``(ii) in the case of a change or modification to a
subcontract referred to in subpara-
[[Page 1919]]
graph (C)(iii), the price adjustment is expected to exceed
$100,000.
``(2) A person required, as an offeror, contractor, or
subcontractor, to submit cost or pricing data under paragraph
(1) (or required by the head of the procuring activity
concerned to submit such data under subsection (c)) shall be
required to certify that, to the best of the person's
knowledge and belief, the cost or pricing data submitted are
accurate, complete, and current.
``(3) Cost or pricing data required to be submitted under
paragraph (1) (or under subsection (c)), and a certification
required to be submitted under paragraph (2), shall be
submitted--
``(A) in the case of a submission by a prime contractor (or
an offeror for a prime contract), to the contracting officer
for the contract (or to a designated representative of the
contracting officer); or
``(B) in the case of a submission by a subcontractor (or an
offeror for a subcontract), to the prime contractor.
``(4) Except as provided under subsection (b), this section
applies to contracts entered into by the head of an executive
agency on behalf of a foreign government.
``(5) For purposes of paragraph (1)(C), a contractor or
subcontractor granted a waiver under subsection (b)(1)(B)
shall be considered as having been required to make available
cost or pricing data under this section.
``(6) Upon the request of a contractor that was required to
submit cost or pricing data under paragraph (1) in connection
with a prime contract entered into on or before the date of
the enactment of the Federal Acquisition Streamlining Act of
1994, the head of the executive agency that entered into such
contract shall modify the contract to reflect subparagraphs
(B)(ii) and (C)(ii) of paragraph (1). All such modifications
shall be made without requiring consideration.
``(7) Effective on October 1 of each year that is divisible
by 5, each amount set forth in paragraph (1) shall be
adjusted to the amount that is equal to the fiscal year 1994
constant dollar value of the amount set forth. Any amount, as
so adjusted, that is not evenly divisible by $50,000 shall be
rounded to the nearest multiple of $50,000. In the case of an
amount that is evenly divisible by $25,000 but not evenly
divisible by $50,000, the amount shall be rounded to the next
higher multiple of $50,000.
``(b) Exceptions.--
``(1) In general.--Submission of cost or pricing data shall
not be required under subsection (a) in the case of a
contract, a subcontract, or a modification of a contract or
subcontract--
``(A) for which the price agreed upon is based on--
``(i) adequate price competition;
``(ii) established catalog or market prices of commercial
items that are sold in substantial quantities to the general
public; or
``(iii) prices set by law or regulation; or
``(B) in an exceptional case when the head of the procuring
activity, without delegation, determines that the
requirements of this section may be waived and justifies in
writing the reasons for such determination.
``(2) Modifications of contracts and subcontracts for
commercial items.--In the case of a modification of a
contract or subcontract for a commercial item that is not
covered by the prohibition on the submission of cost or
pricing data in paragraph (1)(A), submission of cost or
pricing data shall not be required under subsection (a) if--
``(A) the contract or subcontract being modified is a
contract or subcontract for which submission of cost or
pricing data may not be required by reason of paragraph
(1)(A); and
``(B) the modification would not change the contract or
subcontract, as the case may be, from a contract or
subcontract for the acquisition of a commercial item to a
contract or subcontract for the acquisition of an item other
than a commercial item.
``(3) FAR standards.--The Federal Acquisition Regulation
shall provide clear standards for determining whether the
exceptions provided in paragraph (1)(A) apply. In the case of
the exception provided in paragraph (1)(A)(i), the
regulations shall specify the criteria to be used to
determine whether adequate price competition exists. In the
case of the exception provided in paragraph (1)(A)(ii), the
regulations shall provide that the exception applies to items
that are sold in substantial quantities to the general
public, without regard to the quantity of items that may be
sold to the Federal Government.
``(c) Restrictions on Additional Authority To Require Cost
or Pricing Data or Other Information.--
``(1) Authority To Require Cost or Pricing Data on Below-
Threshold Contracts.--(A) Subject to subparagraph (B), when
cost or pricing data are not required to be submitted by
subsection (a) for a contract, subcontract, or modification
of a contract or subcontract, such data may nevertheless be
required to be submitted by the head of the procuring
activity, but only if the head of the procuring activity
determines that such data are necessary for the evaluation by
the agency of the reasonableness of the price of the
contract, subcontract, or modification of a contract or
subcontract. In any case in which the head of the procuring
activity requires such data to be submitted under this
subsection, the head of the procuring activity shall justify
in writing the reason for such requirement.
``(B) The head of the procuring activity may not require
certified cost or pricing data to be submitted under this
paragraph for any contract or subcontract, or modification of
a contract or subcontract, covered by the exceptions in
subsection (b)(1)(A).
``(C) The head of a procuring activity may not delegate the
functions under this paragraph.
``(2) Authority to require information other than certified
cost or pricing data.--When certified cost or pricing data
are not required to be submitted under this section for a
contract, subcontract, or modification of a contract or
subcontract, the head of the procuring activity may require
submission of data other than certified cost or pricing data
to the extent necessary to determine the reasonableness of
the price of the contract, subcontract, or modification of
the contract or subcontract.
``(d) Additional Exception Provisions Regarding Commercial
Items.--
``(1) Procurements based on adequate price competition.--To
the maximum extent practicable, the head of an executive
agency shall conduct procurements of commercial items on a
competitive basis. In any procurement of a commercial item
conducted on a competitive basis and based upon adequate
price competition, the head of the executive agency
conducting the procurement shall not require cost or pricing
data to be submitted under subsection (a) for the contract,
subcontract, or modification of the contract or subcontract
under the procurement. If additional information is necessary
to determine the reasonableness of the price of the contract,
subcontract, or modification of the contract or subcontract,
the head of the executive agency shall, to the maximum extent
practicable, obtain the additional information from sources
other than the offeror.
``(2) Procurements not based on adequate price
competition.--(A)(i) In any case in which it is not
practicable to conduct a procurement of a commercial item
covered by subsection (a) on a competitive basis, and the
procurement is not covered by an exception in subsection (b),
the contracting officer shall seek to obtain from the offeror
or contractor information described in clause (ii). When such
information is not available from that source, the
contracting officer shall seek to obtain such information
from another source or sources.
``(ii) The information referred in clause (i) is
information on prices at which the same item or similar items
have been sold in the commercial market that is adequate for
evaluating, through price analysis, the reasonableness of the
price of the contract, subcontract, or modification of the
contract or subcontract under the procurement.
``(B) The contracting officer shall exempt a contract,
subcontract, or modification of a contract or subcontract
under the procurement from the requirements of subsection (a)
if the contracting officer obtains the information described
in subparagraph (A)(ii) in accordance with standards and
procedures set forth in the Federal Acquisition Regulation.
``(C) A contracting officer may require submission of cost
or pricing data under subsection (a) only if the contracting
officer makes a written determination that the agency is
unable to obtain the information described in subparagraph
(A)(ii).
``(3) Authority to audit.--(A) In accordance with
procedures prescribed in the Federal Acquisition Regulation,
the head of an executive agency is authorized to examine all
information provided by an offeror, contractor, or
subcontractor pursuant to paragraph (2)(A) and all books and
records of such offeror, contractor, or subcontractor that
directly relate to such information in order to determine
whether the agency is receiving accurate information required
under this section.
``(B) The right under subparagraph (A) shall expire 2 years
after the date of award of the contract, or 2 years after the
date of the modification of the contract, with respect to
which the information was provided.
``(4) Limitations on requests for data.--The Federal
Acquisition Regulation shall include reasonable limitations
on requests under this subsection for sales data relating to
commercial items.
``(5) Form of information.--In requesting information from
an offeror under this subsection, a contracting officer
shall, to the maximum extent practicable, limit the scope of
the request to include only information that is in the form
regularly maintained by the offeror in commercial operations.
``(6) Confidentiality.--Any information received under this
subsection that is exempt from disclosure under section
552(b) of title 5 shall not be disclosed by the Federal
Government.
``(e) Price Reductions for Defective Cost or Pricing
Data.--(1)(A) A prime contract (or change or modification to
a prime contract) under which a certificate under subsection
(a)(2) is required shall contain a provision that the price
of the contract to the United States, including profit or
fee, shall be adjusted to exclude any significant amount by
which it may be determined by the head of the executive
agency that such price was increased because the contractor
(or any subcontractor required to make available such a
certificate) submitted defective cost or pricing data.
``(B) For the purposes of this section, defective cost or
pricing data are cost or pricing data which, as of the date
of agreement on the price of the contract (or another date
agreed upon between the parties), were inaccurate,
incomplete, or noncurrent. If for purposes of the preceding
sentence the parties agree upon a date other than the date of
agreement on the price of the contract, the date agreed upon
by the parties shall be as
[[Page 1920]]
close to the date of agreement on the price of the contract
as is practicable.
``(2) In determining for purposes of a contract price
adjustment under a contract provision required by paragraph
(1) whether, and to what extent, a contract price was
increased because the contractor (or a subcontractor)
submitted defective cost or pricing data, it shall be a
defense that the United States did not rely on the defective
data submitted by the contractor or subcontractor.
``(3) It is not a defense to an adjustment of the price of
a contract under a contract provision required by paragraph
(1) that--
``(A) the price of the contract would not have been
modified even if accurate, complete, and current cost or
pricing data had been submitted by the contractor or
subcontractor because the contractor or subcontractor--
``(i) was the sole source of the property or services
procured; or
``(ii) otherwise was in a superior bargaining position with
respect to the property or services procured;
``(B) the contracting officer should have known that the
cost or pricing data in issue were defective even though the
contractor or subcontractor took no affirmative action to
bring the character of the data to the attention of the
contracting officer;
``(C) the contract was based on an agreement between the
contractor and the United States about the total cost of the
contract and there was no agreement about the cost of each
item procured under such contract; or
``(D) the prime contractor or subcontractor did not submit
a certification of cost or pricing data relating to the
contract as required under subsection (a)(2).
``(4)(A) A contractor shall be allowed to offset an amount
against the amount of a contract price adjustment under a
contract provision required by paragraph (1) if--
``(i) the contractor certifies to the contracting officer
(or to a designated representative of the contracting
officer) that, to the best of the contractor's knowledge and
belief, the contractor is entitled to the offset; and
``(ii) the contractor proves that the cost or pricing data
were available before the date of agreement on the price of
the contract (or price of the modification), or, if
applicable consistent with paragraph (1)(B), another date
agreed upon between the parties, and that the data were not
submitted as specified in subsection (a)(3) before such date.
``(B) A contractor shall not be allowed to offset an amount
otherwise authorized to be offset under subparagraph (A) if--
``(i) the certification under subsection (a)(2) with
respect to the cost or pricing data involved was known to be
false when signed; or
``(ii) the United States proves that, had the cost or
pricing data referred to in subparagraph (A)(ii) been
submitted to the United States before the date of agreement
on the price of the contract (or price of the modification)
or, if applicable under paragraph (1)(B), another date agreed
upon between the parties, the submission of such cost or
pricing data would not have resulted in an increase in that
price in the amount to be offset.
``(f) Interest and Penalties for Certain Overpayments.--(1)
If the United States makes an overpayment to a contractor
under a contract with an executive agency subject to this
section and the overpayment was due to the submission by the
contractor of defective cost or pricing data, the contractor
shall be liable to the United States--
``(A) for interest on the amount of such overpayment, to be
computed--
``(i) for the period beginning on the date the overpayment
was made to the contractor and ending on the date the
contractor repays the amount of such overpayment to the
United States; and
``(ii) at the current rate prescribed by the Secretary of
the Treasury under section 6621 of the Internal Revenue Code
of 1986; and
``(B) if the submission of such defective data was a
knowing submission, for an additional amount equal to the
amount of the overpayment.
``(2) Any liability under this subsection of a contractor
that submits cost or pricing data but refuses to submit the
certification required by subsection (a)(2) with respect to
the cost or pricing data shall not be affected by the refusal
to submit such certification.
``(g) Right of United States To Examine Contractor
Records.--For the purpose of evaluating the accuracy,
completeness, and currency of cost or pricing data required
to be submitted by this section, an executive agency shall
have the authority provided by section 304C(a)(2).
``(h) Required Regulations.--The Federal Acquisition
Regulation shall include regulations concerning the types of
information that offerors must submit for a contracting
officer to consider in determining whether the price of a
procurement to the Government is fair and reasonable when
certified cost or pricing data are not required to be
submitted under this section because the price of the
procurement to the United States is not expected to exceed
the applicable threshold amount set forth in subsection (a)
(as adjusted pursuant to paragraph (7) of such subsection).
Such information, at a minimum, shall include appropriate
information on the prices at which the same item or similar
items have previously been sold that is adequate for
evaluating the reasonableness of the price of a proposed
contract or subcontract for the procurement.
``(i) Definitions.--In this section:
``(1) Cost or pricing data.--The term `cost or pricing
data' means all facts that, as of the date of agreement on
the price of a contract (or the price of a contract
modification) or, if applicable consistent with subsection
(e)(1)(B), another date agreed upon between the parties, a
prudent buyer or seller would reasonably expect to affect
price negotiations significantly. Such term does not include
information that is judgmental, but does include the factual
information from which a judgment was derived.
``(2) Subcontract.--The term `subcontract' includes a
transfer of commercial items between divisions, subsidiaries,
or affiliates of a contractor or a subcontractor.
``(3) Commercial item.--The term `commercial item' has the
meaning provided such term by section 4(12) of the Office of
Federal Procurement Policy Act.''.
(b) Applicability.--Subsection (a) of section 304A of the
Office of Federal Procurement Policy Act, as added by
subsection (a), shall apply according to the provisions
thereof on and after the date of the enactment of this Act,
notwithstanding section 10001(b).
SEC. 1252. REPEAL OF OBSOLETE PROVISION.
Section 303E of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253e) is repealed.
Subtitle C--Research and Development
SEC. 1301. RESEARCH PROJECTS.
(a) General Authority.--Section 2358 of title 10, United
States Code, is amended to read as follows:
``Sec. 2358. Research and development projects
``(a) Authority.--The Secretary of Defense or the Secretary
of a military department may engage in basic research,
applied research, advanced research, and development projects
that--
``(1) are necessary to the responsibilities of such
Secretary's department in the field of research and
development; and
``(2) either--
``(A) relate to weapon systems and other military needs; or
``(B) are of potential interest to the Department of
Defense.
``(b) Authorized Means.--The Secretary of Defense or the
Secretary of a military department may perform research and
development projects--
``(1) by contract, cooperative agreement, or grant, in
accordance with chapter 63 of title 31;
``(2) through one or more military departments;
``(3) by using employees and consultants of the Department
of Defense; or
``(4) by mutual agreement with the head of any other
department or agency of the Federal Government.
``(c) Requirement of Potential Department of Defense
Interest.--Funds appropriated to the Department of Defense or
to a military department may not be used to finance any
research project or study unless the project or study is, in
the opinion of the Secretary of Defense or the Secretary of
that military department, respectively, of potential interest
to the Department of Defense or to such military department,
respectively.
``(d) Additional Provisions Applicable to Cooperative
Agreements.--Additional authorities, conditions, and
requirements relating to certain cooperative agreements
authorized by this section are provided in section 2371 of
this title.''.
(b) Transactions Other Than Contracts and Grants.--Section
2371 of such title is amended to read as follows:
``Sec. 2371. Research projects: transactions other than
contracts and grants
``(a) Additional Forms of Transactions Authorized.--The
Secretary of Defense and the Secretary of each military
department may enter into transactions (other than contracts,
cooperative agreements, and grants) under the authority of
this subsection in carrying out basic, applied, and advanced
research projects. The authority under this subsection is in
addition to the authority provided in section 2358 of this
title to use contracts, cooperative agreements, and grants in
carrying out such projects.
``(b) Exercise of Authority by Secretary of Defense.--In
any exercise of the authority in subsection (a), the
Secretary of Defense shall act through the Advanced Research
Projects Agency or any other element of the Department of
Defense that the Secretary may designate.
``(c) Advance Payments.--The authority provided under
subsection (a) may be exercised without regard to section
3324 of title 31.
``(d) Recovery of Funds.--(1) A cooperative agreement for
performance of basic, applied, or advanced research
authorized by section 2358 of this title and a transaction
authorized by subsection (a) may include a clause that
requires a person or other entity to make payments to the
Department of Defense or any other department or agency of
the Federal Government as a condition for receiving support
under the agreement or other transaction.
``(2) The amount of any payment received by the Federal
Government pursuant to a requirement imposed under paragraph
(1) may be credited, to the extent authorized by the
Secretary of Defense, to the appropriate account established
under subsection (f). Amounts so credited shall be merged
with other funds in the account and shall be available for
the same purposes and the same period for which other funds
in such account are available.
[[Page 1921]]
``(e) Conditions.--The Secretary of Defense shall ensure
that--
``(1) to the maximum extent practicable, no cooperative
agreement containing a clause under subsection (d) and no
transaction entered into under subsection (a) provides for
research that duplicates research being conducted under
existing programs carried out by the Department of Defense;
``(2) to the extent that the Secretary determines
practicable, the funds provided by the Government under a
cooperative agreement containing a clause under subsection
(d) or a transaction authorized by subsection (a) do not
exceed the total amount provided by other parties to the
cooperative agreement or other transaction; and
``(3) a cooperative agreement containing a clause under
subsection (d) or a transaction authorized under subsection
(a) is used for a research project only when the use of a
standard contract, grant, or cooperative agreement for such
project is not feasible or appropriate.
``(f) Support Accounts.--There is hereby established on the
books of the Treasury separate accounts for each of the
military departments and the Advanced Research Projects
Agency for support of research projects and development
projects provided for in cooperative agreements containing a
clause under subsection (d) and research projects provided
for in transactions entered into under subsection (a). Funds
in those accounts shall be available for the payment of such
support.
``(g) Regulations.--The Secretary of Defense shall
prescribe regulations to carry out this section.
``(h) Annual Report.--Not later than 60 days after the end
of each fiscal year, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a report on all cooperative agreements
entered into under section 2358 of this title during such
fiscal year that contain a clause authorized by subsection
(d) and on all transactions entered into under subsection (a)
during such fiscal year. The report shall contain, with
respect to each such cooperative agreement and transaction,
the following:
``(1) A general description of the cooperative agreement or
other transaction (as the case may be), including the
technologies for which research is provided for under such
agreement or transaction.
``(2) The potential military and, if any, commercial
utility of such technologies.
``(3) The reasons for not using a contract or grant to
provide support for such research.
``(4) The amount of the payments, if any, that were
received by the Federal Government during the fiscal year
covered by the report pursuant to a clause included in such
cooperative agreement or other transaction pursuant to
subsection (d).
``(5) The amount of the payments reported under paragraph
(4), if any, that were credited to each account established
under subsection (f).
``(i) Cooperative Research and Development Agreements Under
Stevenson-Wydler Technology Innovation Act of 1980.--The
Secretary of Defense, in carrying out research projects
through the Advanced Research Projects Agency, and the
Secretary of each military department, in carrying out
research projects, may permit the director of any federally
funded research and development center to enter into
cooperative research and development agreements with any
person, any agency or instrumentality of the United States,
any unit of State or local government, and any other entity
under the authority granted by section 12 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a).
Technology may be transferred to a non-Federal party to such
an agreement consistent with the provisions of sections 11
and 12 of such Act (15 U.S.C. 3710, 3710a).''.
(c) Clerical Amendments.--The table of sections at the
beginning of chapter 139 of such title is amended--
(1) by striking out the item relating to section 2358 and
inserting in lieu thereof the following:
``2358. Research and development projects.'';
and
(2) by striking out the item relating to section 2371 and
inserting in lieu thereof the following:
``2371. Research projects: transactions other than contracts and
grants.''.
Subtitle D--Procurement Protests
PART I--PROTESTS TO THE COMPTROLLER GENERAL
SEC. 1401. PROTEST DEFINED.
(a) In General.--Paragraph (1) of section 3551 of title 31,
United States Code, is amended to read as follows:
``(1) The term `protest' means a written objection by an
interested party to any of the following:
``(A) A solicitation or other request by a Federal agency
for offers for a contract for the procurement of property or
services.
``(B) The cancellation of such a solicitation or other
request.
``(C) An award or proposed award of such a contract.
``(D) A termination or cancellation of an award of such a
contract, if the written objection contains an allegation
that the termination or cancellation is based in whole or in
part on improprieties concerning the award of the
contract.''.
(b) Technical Amendments.--Section 3551 of such title is
further amended--
(1) in paragraph (2)--
(A) by inserting ``The term'' after ``(2)''; and
(B) by striking out ``; and'' and inserting in lieu thereof
a period; and
(2) in paragraph (3), by inserting ``The term'' after
``(3)''.
SEC. 1402. REVIEW OF PROTESTS AND EFFECT ON CONTRACTS PENDING
DECISION.
(a) Periods for Certain Actions.--Section 3553 of title 31,
United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking out ``one working day
of'' and inserting in lieu thereof ``one day after''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking out ``25 working days
from'' and inserting in lieu thereof ``35 days after''; and
(ii) in subparagraph (C), by striking out ``10 working days
from'' and inserting in lieu thereof ``20 days after''; and
(2) in subsection (c)(3), by striking out ``thereafter''
and inserting in lieu thereof ``after the making of such
finding''.
(b) Suspension of Performance.--Subsection (d) of such
section is amended to read as follows:
``(d)(1) A contractor awarded a Federal agency contract
may, during the period described in paragraph (4), begin
performance of the contract and engage in any related
activities that result in obligations being incurred by the
United States under the contract unless the contracting
officer responsible for the award of the contract withholds
authorization to proceed with performance of the contract.
``(2) The contracting officer may withhold an authorization
to proceed with performance of the contract during the period
described in paragraph (4) if the contracting officer
determines in writing that--
``(A) a protest is likely to be filed; and
``(B) the immediate performance of the contract is not in
the best interests of the United States.
``(3)(A) If the Federal agency awarding the contract
receives notice of a protest in accordance with this section
during the period described in paragraph (4)--
``(i) the contracting officer may not authorize performance
of the contract to begin while the protest is pending; or
``(ii) if authorization for contract performance to proceed
was not withheld in accordance with paragraph (2) before
receipt of the notice, the contracting officer shall
immediately direct the contractor to cease performance under
the contract and to suspend any related activities that may
result in additional obligations being incurred by the United
States under that contract.
``(B) Performance and related activities suspended pursuant
to subparagraph (A)(ii) by reason of a protest may not be
resumed while the protest is pending.
``(C) The head of the procuring activity may authorize the
performance of the contract (notwithstanding a protest of
which the Federal agency has notice under this section)--
``(i) upon a written finding that--
``(I) performance of the contract is in the best interests
of the United States; or
``(II) urgent and compelling circumstances that
significantly affect interests of the United States will not
permit waiting for the decision of the Comptroller General
concerning the protest; and
``(ii) after the Comptroller General is notified of that
finding.
``(4) The period referred to in paragraphs (2) and (3)(A),
with respect to a contract, is the period beginning on the
date of the contract award and ending on the later of--
``(A) the date that is 10 days after the date of the
contract award; or
``(B) the date that is 5 days after the debriefing date
offered to an unsuccessful offeror for any debriefing that is
requested and, when requested, is required.''.
SEC. 1403. DECISIONS ON PROTESTS.
(a) Periods for Certain Actions.--Section 3554(a) of title
31, United States Code, is amended--
(1) in paragraph (1), by striking out ``90 working days
from'' and inserting in lieu thereof ``125 days after'';
(2) in paragraph (2), by striking out ``45 calendar days
from'' and inserting ``65 days after'';
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2) the following new
paragraph (3):
``(3) An amendment to a protest that adds a new ground of
protest, if timely made, should be resolved, to the maximum
extent practicable, within the time limit established under
paragraph (1) of this subsection for final decision of the
initial protest. If an amended protest cannot be resolved
within such time limit, the Comptroller General may resolve
the amended protest through the express option under
paragraph (2) of this subsection.''.
(b) GAO Recommendations on Protests.--(1) Section 3554 of
title 31, United States Code, is amended in subsection (b) by
adding at the end the following new paragraph:
``(3) If the Federal agency fails to implement fully the
recommendations of the Comptroller General under this
subsection with respect to a solicitation for a contract or
an award or proposed award of a contract within 60 days after
receiving the recommendations, the head of the procuring
activity responsible for that contract shall report such
failure to the Comptroller General not later than 5 days
after the end of such 60-day period.''.
[[Page 1922]]
(2) Subsection (c) of such section is amended to read as
follows:
``(c)(1) If the Comptroller General determines that a
solicitation for a contract or a proposed award or the award
of a contract does not comply with a statute or regulation,
the Comptroller General may recommend that the Federal agency
conducting the procurement pay to an appropriate interested
party the costs of--
``(A) filing and pursuing the protest, including reasonable
attorneys' fees and consultant and expert witness fees; and
``(B) bid and proposal preparation.
``(2) No party (other than a small business concern (within
the meaning of section 3(a) of the Small Business Act)) may
be paid, pursuant to a recommendation made under the
authority of paragraph (1)--
``(A) costs for consultant and expert witness fees that
exceed the highest rate of compensation for expert witnesses
paid by the Federal Government; or
``(B) costs for attorneys' fees that exceed $150 per hour
unless the agency determines, based on the recommendation of
the Comptroller General on a case by case basis, that an
increase in the cost of living or a special factor, such as
the limited availability of qualified attorneys for the
proceedings involved, justifies a higher fee.
``(3) If the Comptroller General recommends under paragraph
(1) that a Federal agency pay costs to an interested party,
the Federal agency shall--
``(A) pay the costs promptly; or
``(B) if the Federal agency does not make such payment,
promptly report to the Comptroller General the reasons for
the failure to follow the Comptroller General's
recommendation.
``(4) If the Comptroller General recommends under paragraph
(1) that a Federal agency pay costs to an interested party,
the Federal agency and the interested party shall attempt to
reach an agreement on the amount of the costs to be paid. If
the Federal agency and the interested party are unable to
agree on the amount to be paid, the Comptroller General may,
upon the request of the interested party, recommend to the
Federal agency the amount of the costs that the Federal
agency should pay.''.
(3) Subsection (e) of such section is amended to read as
follows:
``(e)(1) The Comptroller General shall report promptly to
the Committee on Governmental Affairs and the Committee on
Appropriations of the Senate and to the Committee on
Government Operations and the Committee on Appropriations of
the House of Representatives any case in which a Federal
agency fails to implement fully a recommendation of the
Comptroller General under subsection (b) or (c). The report
shall include--
``(A) a comprehensive review of the pertinent procurement,
including the circumstances of the failure of the Federal
agency to implement a recommendation of the Comptroller
General; and
``(B) a recommendation regarding whether, in order to
correct an inequity or to preserve the integrity of the
procurement process, the Congress should consider--
``(i) private relief legislation;
``(ii) legislative rescission or cancellation of funds;
``(iii) further investigation by Congress; or
``(iv) other action.
``(2) Not later than January 31 of each year, the
Comptroller General shall transmit to the Congress a report
containing a summary of each instance in which a Federal
agency did not fully implement a recommendation of the
Comptroller General under subsection (b) or (c) during the
preceding year. The report shall also describe each instance
in which a final decision in a protest was not rendered
within 125 days after the date the protest is submitted to
the Comptroller General.''.
(4) Costs to which the Comptroller General declared an
interested party to be entitled under section 3554 of title
31, United States Code, as in effect immediately before the
enactment of this Act, shall, if not paid or otherwise
satisfied by the Federal agency concerned before the date of
the enactment of this Act, be paid promptly.
(c) Restriction on Access to Certain Information.--Section
3553(f) of title 31, United States Code, is amended--
(1) by inserting ``(1)'' after ``(f)''; and
(2) by adding at the end the following:
``(2)(A) The Comptroller General may issue protective
orders which establish terms, conditions, and restrictions
for the provision of any document to a person under paragraph
(1), that prohibit or restrict the disclosure by the person
of information described in subparagraph (C) that is
contained in such a document.
``(B) Information referred to in subparagraph (A) is
procurement sensitive information, trade secrets, or other
proprietary or confidential research, development, or
commercial information.
``(C) A protective order under this paragraph shall not be
considered to authorize the withholding of any document or
information from Congress or an executive agency.''.
SEC. 1404. REGULATIONS.
(a) Computation of Periods.--Section 3555 of title 31,
United States Code, is amended--
(1) by redesignating subsection (b) as subsection (d); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) The procedures shall provide that, in the computation
of any period described in this subchapter--
``(1) the day of the act, event, or default from which the
designated period of time begins to run not be included; and
``(2) the last day after such act, event, or default be
included, unless--
``(A) such last day is a Saturday, a Sunday, or a legal
holiday; or
``(B) in the case of a filing of a paper at the General
Accounting Office or a Federal agency, such last day is a day
on which weather or other conditions cause the closing of the
General Accounting Office or Federal agency, in which event
the next day that is not a Saturday, Sunday, or legal holiday
shall be included.''.
(b) Electronic Filings and Disseminations.--Such section,
as amended by subsection (a), is further amended by inserting
after subsection (b) the following new subsection:
``(c) The Comptroller General may prescribe procedures for
the electronic filing and dissemination of documents and
information required under this subchapter. In prescribing
such procedures, the Comptroller General shall consider the
ability of all parties to achieve electronic access to such
documents and records.''.
(c) Repeal of Obsolete Deadline.--Subsection (a) of such
section is amended by striking out ``Not later than January
15, 1985, the'' and inserting in lieu thereof ``The''.
PART II--PROTESTS IN PROCUREMENTS OF AUTOMATIC DATA PROCESSING
SEC. 1431. REVOCATION OF DELEGATIONS OF PROCUREMENT
AUTHORITY.
Section 111(b)(3) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 759(b)(3)) is
amended by inserting before the period at the end of the
third sentence the following: ``, including the authority to
revoke a delegation of authority with respect to a particular
contract after award of the contract, except that the
Administrator may revoke a delegation of authority after the
contract is awarded only when there is a finding of a
violation of law or regulation in connection with the
contract award.''.
SEC. 1432. AUTHORITY OF THE GENERAL SERVICES ADMINISTRATION
BOARD OF CONTRACT APPEALS.
The first sentence of section 111(f)(1) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
759(f)(1)) is amended to read as follows: ``Upon request of
an interested party in connection with any procurement that
is subject to this section (including any such procurement
that is subject to delegation of procurement authority), the
board of contract appeals of the General Services
Administration (hereafter in this subsection referred to as
the `board') shall review, as provided in this subsection,
any decision by a contracting officer that is alleged to
violate a statute, a regulation, or the conditions of a
delegation of procurement authority.''.
SEC. 1433. PERIODS FOR CERTAIN ACTIONS.
(a) Suspension of Procurement Authority.--Section 111(f) of
the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 759(f)) is amended--
(1) in paragraph (2)(B)--
(A) by redesignating clauses (i) and (ii) as subclauses (I)
and (II), respectively;
(B) by inserting ``(i)'' after ``(B)''; and
(C) by adding at the end the following:
``(ii) A suspension under this subparagraph shall not
preclude the Federal agency concerned from continuing the
procurement process up to but not including award of the
contract unless the board determines such action is not in
the best interests of the United States.''; and
(2) in paragraph (3), by striking out subparagraph (A) and
inserting in lieu thereof the following:
``(A)(i) If, with respect to an award of a contract, the
board receives notice of a protest under this subsection
within the period described in clause (ii), the board shall,
at the request of an interested party, hold a hearing to
determine whether the board should suspend the procurement
authority of the Administrator or the Administrator's
delegation of procurement authority for the protested
procurement on an interim basis until the board can decide
the protest.
``(ii) The period referred to in clause (i) is the period
beginning on the date on which the contract is awarded and
ending at the end of the later of--
``(I) the tenth day after the date of contract award; or
``(II) the fifth day after the debriefing date offered to
an unsuccessful offeror for any debriefing that is requested
and, when requested, is required.
``(iii) The board shall hold the requested hearing within 5
days after the date of the filing of the protest or, in the
case of a request for debriefing under the provisions of
section 2305(b)(5) of title 10, United States Code, or
section 303B(e) of this Act, within 5 days after the later of
the date of the filing of the protest or the date of the
debriefing.''.
(b) Final Decision.--Paragraph (4)(B) of such section
111(f) is amended--
(1) by striking out ``45 working days'' and inserting in
lieu thereof ``65 days''; and
(2) by adding at the end the following: ``An amendment
which adds a new ground of protest should be resolved, to the
maximum extent practicable, within the time limits
established for resolution of the initial protest.''.
SEC. 1434. DISMISSALS OF PROTESTS.
Section 111(f)(4) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 759(f)(4)) is
amended by striking out subparagraph (C) and inserting in
lieu thereof the following:
[[Page 1923]]
``(C) The board may dismiss a protest that the board
determines--
``(i) is frivolous;
``(ii) has been brought or pursued in bad faith; or
``(iii) does not state on its face a valid basis for
protest.''.
SEC. 1435. AWARD OF COSTS.
(a) Award.--Section 111(f)(5) of the Federal Property and
Administration Services Act of 1949 (40 U.S.C. 759(f)(5)) is
amended by striking out subparagraph (C) and inserting in
lieu thereof the following:
``(C) Whenever the board makes such a determination, it
may, in accordance with section 1304 of title 31, United
States Code, further declare an appropriate prevailing party
to be entitled to the cost of filing and pursuing the protest
(including reasonable attorneys' fees and consultant and
expert witness fees), and bid and proposal preparation.
However, no party (other than a small business concern
(within the meaning of section 3(a) of the Small Business
Act)) may be declared entitled to costs for consultants and
expert witness fees that exceed the highest rate of
compensation for expert witnesses paid by the Federal
Government, and no party may be declared entitled to
attorneys' fees that exceed $150 per hour unless the board,
on a case by case basis, determines that an increase in the
cost of living or a special factor, such as the limited
availability of qualified attorneys for the proceedings
involved, justifies a higher fee.''.
(b) Definition of Prevailing Party.--Section 111(f)(9) of
such Act (40 U.S.C. 759(f)(9)) is amended by adding at the
end the following:
``(C) The term `prevailing party', with respect to a
determination of the board under paragraph (5)(B) that a
challenged action of a Federal agency violates a statute or
regulation or the conditions of a delegation of procurement
authority issued pursuant to this section, means a party that
demonstrated such violation.''.
SEC. 1436. DISMISSAL AGREEMENTS.
Section 111(f)(5) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 759(f)(5)), as
amended by section 1435, is further amended by adding at the
end the following new subparagraphs:
``(D) Any agreement that provides for the dismissal of a
protest and involves a direct or indirect expenditure of
appropriated funds shall be submitted to the board and shall
be made a part of the public record (subject to any
protective order considered appropriate by the board) before
dismissal of the protest. If a Federal agency is a party to a
settlement agreement, the submission of the agreement to the
board shall include a memorandum, signed by the contracting
officer concerned, that describes in detail the procurement,
the grounds for protest, the Federal Government's position
regarding the grounds for protest, the terms of the
settlement, and the agency's position regarding the propriety
of the award or proposed award of the contract at issue in
the protest.
``(E) Payment of amounts due from an agency under
subparagraph (C) or under the terms of a settlement agreement
under subparagraph (D) shall be made from the appropriation
made by section 1304 of title 31, United States Code, for the
payment of judgments. The Federal agency concerned shall
reimburse that appropriation account out of funds available
for the procurement.''.
SEC. 1437. MATTERS TO BE COVERED IN REGULATIONS.
Section 111(f) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 759(f)) is further amended--
(1) by inserting after paragraph (6) the following:
``(7)(A) The board shall adopt and issue such rules and
procedures as may be necessary to the expeditious disposition
of protests filed under the authority of this subsection.
``(B) The procedures shall provide that, in the computation
of any period described in this subsection--
``(i) the day of the act, event, or default from which the
designated period of time begins to run not be included; and
``(ii) the last day after such act, event, or default be
included, unless--
``(I) such last day is a Saturday, a Sunday, or a legal
holiday; or
``(II) in the case of a filing of a paper at the board,
such last day is a day on which weather or other conditions
cause the closing of the board in which event the next day
that is not a Saturday, Sunday, or legal holiday shall be
included.
``(C) The procedures may provide for electronic filing and
dissemination of documents and information required under
this subsection and in so providing shall consider the
ability of all parties to achieve electronic access to such
documents and records.
``(D) The procedures shall provide that if the board
expressly finds that a protest or a portion of a protest is
frivolous or has been brought or pursued in bad faith, or
that any person has willfully abused the board's process
during the course of a protest, the board may impose
appropriate procedural sanctions, including dismissal of the
protest.''; and
(2) by striking out paragraph (8).
SEC. 1438. DEFINITION OF PROTEST.
Section 111(f)(9) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 759(f)(9)) is
amended--
(1) by striking out ``subsection--'' and inserting in lieu
thereof ``subsection:'';
(2) by striking out subparagraph (A) and inserting in lieu
thereof the following:
``(A) The term `protest' means a written objection by an
interested party to any of the following:
``(i) A solicitation or other request by a Federal agency
for offers for a contract for the procurement of property or
services.
``(ii) The cancellation of such a solicitation or other
request.
``(iii) An award or proposed award of such a contract.
``(iv) A termination or cancellation of an award of such a
contract, if the written objection contains an allegation
that the termination or cancellation is based in whole or in
part on improprieties concerning the award of the
contract.''; and
(3) by capitalizing the first letter of the first word in
subparagraph (B).
SEC. 1439. OVERSIGHT OF ACQUISITION OF AUTOMATIC DATA
PROCESSING EQUIPMENT BY FEDERAL AGENCIES.
Section 111 of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 759) is amended by adding at
the end the following new subsection:
``(h) Data Collection.--(1) The Administrator shall collect
and compile data regarding the procurement of automatic data
processing equipment under this section. The data collected
and compiled shall include, at a minimum, with regard to each
contract for such a procurement, the following:
``(A) The procuring agency.
``(B) The contractor.
``(C) The automatic data processing equipment and services
procured.
``(D) The manufacturer of the equipment procured.
``(E) The amount of the contract, to the extent that the
amount is not proprietary information.
``(F) The type of contract used.
``(G) The extent of competition for award.
``(H) Whether compatibility restrictions were used in
awarding the contract.
``(I) Significant modifications of the contract.
``(J) Contract price, to the extent that the price is not
proprietary information.
``(2) The head of each Federal agency shall report to the
Administrator in accordance with regulations issued by the
Administrator all information that the Administrator
determines necessary in order to satisfy the requirements in
paragraph (1).
``(3) The Administrator--
``(A) shall carry out a systematic, periodic review of
information received under this subsection;
``(B) shall use such information, as appropriate, to
determine the compliance of Federal agencies with the
requirements of this section; and
``(C) may take appropriate corrective action regarding an
agency's authority to lease and purchase automatic data
processing equipment upon any substantial failure by the head
of the agency to report to the Administrator in accordance
with this subsection.
``(4) The Administrator shall take appropriate corrective
action upon failure of a Federal agency to comply with the
terms of any delegation of authority to lease or purchase
automatic data processing equipment or failure to comply with
any applicable law or regulation.
``(5) The Administrator shall require in the regulations
implementing this subsection that (A) data collected pursuant
to this subsection be drawn from existing Federal agency
information; and (B) no new or additional information
reporting requirements may be imposed on offerors or
contractors to collect such data.''.
Subtitle E--Policy, Definitions, and Other Matters
PART I--ARMED SERVICES ACQUISITIONS
SEC. 1501. REPEAL OF POLICY STATEMENT.
(a) Repeal.--Section 2301 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 137 of such title is amended by striking
out the item relating to section 2301.
SEC. 1502. DEFINITIONS.
Section 2302 of title 10, United States Code, is amended--
(1) by striking out paragraph (3) and inserting in lieu
thereof the following:
``(3) The following terms have the meanings provided such
terms in section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403):
``(A) The term `procurement'.
``(B) The term `procurement system'.
``(C) The term `standards'.
``(D) The term `full and open competition'.
``(E) The term `responsible source'.
``(F) The term `item'.
``(G) The term `item of supply'.
``(H) The term `supplies'.
``(I) The term `commercial item'.
``(J) The term `nondevelopmental item'.
``(K) The term `commercial component'
``(L) The term `component'.''; and
(2) by striking out paragraph (7) and inserting in lieu
thereof the following new paragraph (7):
``(7) The term `simplified acquisition threshold' has the
meaning provided that term in section 4 of the Office of
Federal Procurement Policy Act (41 U.S.C. 403), except that,
in the case of any contract to be awarded and performed, or
purchase to be made, outside the United States in support of
a contingency operation, the term means an amount equal to
two times the amount specified for that term in section 4 of
such Act.''.
[[Page 1924]]
SEC. 1503. DELEGATION OF PROCUREMENT FUNCTIONS.
(a) Consolidation of Delegation Authority.--(1) Section
2311 of title 10, United States Code, is amended to read as
follows:
``Sec. 2311. Assignment and delegation of procurement
functions and responsibilities
``(a) In General.--Except to the extent expressly
prohibited by another provision of law, the head of an agency
may delegate, subject to his direction, to any other officer
or official of that agency, any power under this chapter.
``(b) Procurements For or With Other Agencies.--Subject to
subsection (a), to facilitate the procurement of property and
services covered by this chapter by each agency named in
section 2303 of this title for any other agency, and to
facilitate joint procurement by those agencies--
``(1) the head of an agency may delegate functions and
assign responsibilities relating to procurement to any
officer or employee within such agency;
``(2) the heads of two or more agencies may by agreement
delegate procurement functions and assign procurement
responsibilities from one agency to another of those agencies
or to an officer or civilian employee of another of those
agencies; and
``(3) the heads of two or more agencies may create joint or
combined offices to exercise procurement functions and
responsibilities.
``(c) Approval of Terminations and Reductions of Joint
Acquisition Programs.--(1) The Secretary of Defense shall
prescribe regulations that prohibit each military department
participating in a joint acquisition program approved by the
Under Secretary of Defense for Acquisition and Technology
from terminating or substantially reducing its participation
in such program without the approval of the Under Secretary.
``(2) The regulations shall include the following
provisions:
``(A) A requirement that, before any such termination or
substantial reduction in participation is approved, the
proposed termination or reduction be reviewed by the Joint
Requirements Oversight Council of the Department of Defense.
``(B) A provision that authorizes the Under Secretary of
Defense for Acquisition and Technology to require a military
department whose participation in a joint acquisition program
has been approved for termination or substantial reduction to
continue to provide some or all of the funding necessary for
the acquisition program to be continued in an efficient
manner.''.
(2) The table of sections at the beginning of chapter 137
of such title is amended by striking out the item relating to
section 2311 and inserting in lieu thereof the following:
``2311. Assignment and delegation of procurement functions and
responsibilities.''.
(b) Conforming Repeal.--(1) Section 2308 of title 10,
United States Code, is repealed.
(2) The table of sections at the beginning of chapter 137
of such title is amended by striking out the item related to
section 2308.
SEC. 1504. DETERMINATIONS AND DECISIONS.
Section 2310 of title 10, United States Code, is amended to
read as follows:
``Sec. 2310. Determinations and decisions
``(a) Individual or Class Determinations and Decisions
Authorized.--Determinations and decisions required to be made
under this chapter by the head of an agency may be made for
an individual purchase or contract or, except to the extent
expressly prohibited by another provision of law, for a class
of purchases or contracts. Such determinations and decisions
are final.
``(b) Written Findings Required.--(1) Each determination or
decision under section 2306(g)(1), 2307(d), or 2313(c)(2)(B)
of this title shall be based on a written finding by the
person making the determination or decision. The finding
shall set out facts and circumstances that support the
determination or decision.
``(2) Each finding referred to in paragraph (1) is final.
The head of the agency making such finding shall maintain a
copy of the finding for not less than 6 years after the date
of the determination or decision.''.
SEC. 1505. RESTRICTIONS ON UNDEFINITIZED CONTRACTUAL ACTIONS.
(a) Clarification of Limitation.--Subsection (b) of section
2326 of title 10, United States Code, is amended--
(1) in the subsection heading, by striking out ``and
Expenditure'';
(2) in paragraph (1)(B), by striking out ``or expended'';
(3) in paragraph (2), by striking out ``expend'' and
inserting in lieu thereof ``obligate''; and
(4) in paragraph (3)--
(A) by striking out ``expended'' and inserting in lieu
thereof ``obligated''; and
(B) by striking out ``expend'' and inserting in lieu
thereof ``obligate''.
(b) Waiver Authority.--Such subsection is further amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) The head of an agency may waive the provisions of
this subsection with respect to a contract of that agency if
such head of an agency determines that the waiver is
necessary in order to support a contingency operation.''.
(c) Inapplicability of Restrictions to Contracts Within the
Simplified Acquisition Threshold.--Subsection (g)(1)(B) of
such section is amended by striking out ``small purchase
threshold'' and inserting in lieu thereof ``simplified
acquisition threshold''.
SEC. 1506. REPEAL OF REQUIREMENT RELATING TO PRODUCTION
SPECIAL TOOLING AND PRODUCTION SPECIAL TEST
EQUIPMENT.
(a) Repeal.--Section 2329 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 137 of such title is amended by striking
out the item related to section 2329.
SEC. 1507. REGULATIONS FOR BIDS.
Section 2381(a) of title 10, United States Code, is amended
by striking out ``(a) The Secretary'' and all that follows
through the end of paragraph (1) and inserting in lieu
thereof the following:
``(a) The Secretary of Defense may--
``(1) prescribe regulations for the preparation,
submission, and opening of bids for contracts; and''.
PART II--CIVILIAN AGENCY ACQUISITIONS
SEC. 1551. DEFINITIONS.
Section 309 of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 259) is amended by striking
out subsection (c) and inserting in lieu thereof the
following:
``(c) The following terms have the meanings provided such
terms in section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403):
``(1) The term `procurement'.
``(2) The term `procurement system'.
``(3) The term `standards'.
``(4) The term `full and open competition'.
``(5) The term `responsible source'.
``(6) The term `technical data'.
``(7) The term `major system'.
``(8) The term `item'.
``(9) The term `item of supply'.
``(10) The term `supplies'.
``(11) The term `commercial item'.
``(12) The term `nondevelopmental item'.
``(13) The term `commercial component'
``(14) The term `component'.
``(d) The term `simplified acquisition threshold' has the
meaning provided that term in section 4 of the Office of
Federal Procurement Policy Act (41 U.S.C. 403), except that,
in the case of any contract to be awarded and performed, or
purchase to be made, outside the United States in support of
a contingency operation, the term means an amount equal to
two times the amount specified for that term in section 4 of
such Act.
``(e) The term `Federal Acquisition Regulation' means the
Federal Acquisition Regulation issued pursuant to section
25(c)(1) of the Office of Federal Procurement Policy Act (41
U.S.C. 421(c)(1)).''.
SEC. 1552. DELEGATION OF PROCUREMENT FUNCTIONS.
Title III of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 251 et seq.) is amended by
adding at the end the following new section:
``SEC. 311. ASSIGNMENT AND DELEGATION OF PROCUREMENT
FUNCTIONS AND RESPONSIBILITIES.
``(a) In General.--Except to the extent expressly
prohibited by another provision of law, the head of an
executive agency may delegate to any other officer or
official of that agency, any power under this title.
``(b) Procurements For or With Other Agencies.--Subject to
subsection (a), to facilitate the procurement of property and
services covered by this title by each executive agency for
any other executive agency, and to facilitate joint
procurement by those executive agencies--
``(1) the head of an executive agency may delegate
functions and assign responsibilities relating to procurement
to any officer or employee within such agency;
``(2) the heads of two or more executive agencies may by
agreement delegate procurement functions and assign
procurement responsibilities, consistent with section 1535 of
title 31, United States Code, and regulations issued under
section 1074 of the Federal Acquisition Streamlining Act of
1994, from one executive agency to another of those executive
agencies or to an officer or civilian employee of another of
those executive agencies; and
``(3) the heads of two or more executive agencies may
establish joint or combined offices to exercise procurement
functions and responsibilities.''.
SEC. 1553. DETERMINATIONS AND DECISIONS.
Title III of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 251 et seq.), as amended by
section 1552, is further amended by adding at the end the
following new section:
``SEC. 312. DETERMINATIONS AND DECISIONS.
``(a) Individual or Class Determinations and Decisions
Authorized.--Determinations and decisions required to be made
under this title by the head of an executive agency may be
made for an individual purchase or contract or, except to the
extent expressly prohibited by another provision of law, for
a class of purchases or contracts. Such determinations and
decisions are final.
``(b) Written Findings Required.--(1) Each determination
under section 305(d) or section 304C(c)(2)(B) shall be based
on a written finding by the person making the determination
or decision. The finding shall set out facts and
circumstances that support the determination or decision.
``(2) Each finding referred to in paragraph (1) is final.
``(3) The head of an executive agency shall maintain for a
period of not less than 6 years
[[Page 1925]]
a copy of each finding referred to in paragraph (1) that is
made by a person in that executive agency. The period begins
on the date of the determination or decision to which the
finding relates.''.
SEC. 1554. REPEAL OF PREFERENCE FOR RECYCLED TONER
CARTRIDGES.
The following provisions of law, relating to a preference
for procurement of recycled toner cartridges, are repealed:
(1) Section 630 of Public Law 102-393 (106 Stat. 1773) and
the provision of law enclosed in quotation marks in that
section (42 U.S.C. 6962(j)).
(2) Section 401 of Public Law 103-123 (107 Stat. 1238; 42
U.S.C. 6962 note).
SEC. 1555. COOPERATIVE PURCHASING.
Subsection (b) of section 201 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 481), is
amended to read as follows:
``(b)(1) The Administrator shall, as far as practicable,
provide any of the services specified in subsection (a) of
this section to any other Federal agency, mixed-ownership
Government corporation (as defined in section 9101 of title
31, United States Code), or the District of Columbia, upon
its request.
``(2)(A) The Administrator may provide for the use of
Federal supply schedules of the General Services
Administration by any of the following entities upon request:
``(i) A State, any department or agency of a State, and any
political subdivision of a State, including a local
government.
``(ii) The Commonwealth of Puerto Rico.
``(iii) The government of an Indian tribe (as defined in
section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e))).
``(B) Subparagraph (A) may not be construed to authorize an
entity referred to in that subparagraph to order existing
stock or inventory from federally owned and operated, or
federally owned and contractor operated, supply depots,
warehouses, or similar facilities.
``(C) In any case in which an entity listed in subparagraph
(A) uses a Federal supply schedule, the Administrator may
require the entity to reimburse the General Services
Administration for any administrative costs of using the
schedule.
``(3)(A) Upon the request of a qualified nonprofit agency
for the blind or other severely handicapped that is to
provide a commodity or service to the Federal Government
under the Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.), the
Administrator may provide any of the services specified in
subsection (a) to such agency to the extent practicable.
``(B) A nonprofit agency receiving services under the
authority of subparagraph (A) shall use the services directly
in making or providing an approved commodity or approved
service to the Federal Government.
``(C) In this paragraph:
``(i) The term `qualified nonprofit agency for the blind or
other severely handicapped' means--
``(I) a qualified nonprofit agency for the blind, as
defined in section 5(3) of the Javits-Wagner-O'Day Act (41
U.S.C. 48b(3)); and
``(II) a qualified nonprofit agency for other severely
handicapped, as defined in section 5(4) of such Act (41
U.S.C. 48b(4)).
``(ii) The terms `approved commodity' and `approved
service' mean a commodity and a service, respectively, that
has been determined by the Committee for Purchase from the
Blind and Other Severely Handicapped under section 2 of the
Javits-Wagner-O'Day Act (41 U.S.C. 47) to be suitable for
procurement by the Federal Government.''.
TITLE II--CONTRACT ADMINISTRATION
Subtitle A--Contract Payment
PART I--ARMED SERVICES ACQUISITIONS
SEC. 2001. CONTRACT FINANCING.
(a) Reorganization of Principal Authority Provision.--
Section 2307 of title 10, United States Code, is amended--
(1) by striking out the section heading and inserting in
lieu thereof the following:
``Sec. 2307. Contract financing'';
(2) by inserting ``Payment Authority.--'' after ``(a)'' in
subsection (a);
(3) by inserting ``Payment Amount.--'' after ``(b)'' in
subsection (b);
(4) by inserting ``Security for Advance Payments.--'' after
``(c)'' in subsection (c);
(5) by inserting ``Conditions for Progress Payments.--''
after ``(d)'' in subsection (d);
(6) by inserting ``Action in Case of Fraud.--'' after
``(e)'' in subsection (e); and
(7) by redesignating subsections (b), (c), (d), and (e) as
subsections (c), (d), (e), and (h), respectively.
(b) Performance-Based Payments.--Such section, as amended
by subsection (a), is further amended by inserting after
subsection (a) the following new subsection (b):
``(b) Performance-Based Payments.--Whenever practicable,
payments under subsection (a) shall be made on any of the
following bases:
``(1) Performance measured by objective, quantifiable
methods such as delivery of acceptable items, work
measurement, or statistical process controls.
``(2) Accomplishment of events defined in the program
management plan.
``(3) Other quantifiable measures of results.''.
(c) Terminology Correction.--Subsection (a)(2) of such
section is amended by striking out ``bid''.
(d) Effective Date of Lien Related to Advance Payments.--
Such section, as amended by subsection (a)(7), is further
amended in subsection (d) by inserting before the period at
the end of the third sentence the following: ``and is
effective immediately upon the first advancement of funds
without filing, notice, or any other action by the United
States''.
(e) Conditions for Progress Payments.--Such section, as
amended by subsection (a)(7), is further amended in
subsection (e)--
(1) in the first sentence of paragraph (1), by striking out
``work, which'' and all that follows through ``accomplished''
and inserting in lieu thereof ``work accomplished that meets
standards established under the contract''; and
(2) by striking out paragraph (3) and inserting in lieu
thereof the following:
``(3) This subsection applies to any contract in an amount
greater than $25,000.''.
(f) Conditions for Payments for Commercial Items.--Such
section, as amended by subsection (a)(7), is further amended
by inserting after subsection (e) the following new
subsection (f):
``(f) Conditions for Payments for Commercial Items.--(1)
Payments under subsection (a) for commercial items may be
made under such terms and conditions as the head of the
agency determines are appropriate or customary in the
commercial marketplace and are in the best interests of the
United States. The head of the agency shall obtain adequate
security for such payments. If the security is in the form of
a lien in favor of the United States, such lien is paramount
to all other liens and is effective immediately upon the
first payment, without filing, notice, or other action by the
United States.
``(2) Advance payments made under subsection (a) for
commercial items may include payments, in a total amount of
not more than 15 percent of the contract price, in advance of
any performance of work under the contract.
``(3) The conditions of subsections (d) and (e) need not be
applied if they would be inconsistent, as determined by the
head of the agency, with commercial terms and conditions
pursuant to paragraphs (1) and (2).''.
(g) Navy Contracts.--Such section, as amended by subsection
(f), is further amended by inserting after subsection (f) the
following new subsection (g):
``(g) Certain Navy Contracts.--(1) The Secretary of the
Navy shall provide that the rate for progress payments on any
contract awarded by the Secretary for repair, maintenance, or
overhaul of a naval vessel shall be not less than--
``(A) 95 percent, in the case of a firm considered to be a
small business; and
``(B) 90 percent, in the case of any other firm.
``(2) The Secretary of the Navy may advance to private
salvage companies such funds as the Secretary considers
necessary to provide for the immediate financing of salvage
operations. Advances under this paragraph shall be made on
terms that the Secretary considers adequate for the
protection of the United States.
``(3) The Secretary of the Navy shall provide, in each
contract for construction or conversion of a naval vessel,
that, when partial, progress, or other payments are made
under such contract, the United States is secured by a lien
upon work in progress and on property acquired for
performance of the contract on account of all payments so
made. The lien is paramount to all other liens.''.
(h) Relationship To Prompt Payment Requirements.--The
amendments made by this section are not intended to impair or
modify procedures required by the provisions of chapter 39 of
title 31, United States Code, and the regulations issued
pursuant to such provisions of law (as such procedures are in
effect on the date of the enactment of this Act), except that
the Government may accept payment terms offered by a
contractor offering a commercial item.
(i) Clerical Amendment.--The table of sections at the
beginning of chapter 137 of title 10, United States Code, is
amended by striking out the item relating to section 2307 and
inserting in lieu thereof the following:
``2307. Contract financing.''.
(j) Repeal of Superseded Provisions.--(1) Sections 7312,
7364, and 7521 of title 10, United States Code, are repealed.
(2) Section 7522 of such title is amended--
(A) by striking out subsection (b); and
(B) by redesignating subsection (c) as subsection (b).
(3) Chapters 633, 637, and 645 of such title are amended by
striking out items in the tables of sections for such
chapters as follows:
(A) For chapter 633, the item relating to section 7312.
(B) For chapter 637, the item relating to section 7364.
(C) For chapter 645, the item relating to section 7521.
SEC. 2002. REPEAL OF VOUCHERING PROCEDURES SECTION.
(a) Repeal.--Section 2355 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 139 of such title is amended by striking
out the item relating to section 2355.
PART II--CIVILIAN AGENCY ACQUISITIONS
SEC. 2051. CONTRACT FINANCING.
(a) Reorganization of Principal Authority Provision.--
Section 305 of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 255) is amended--
[[Page 1926]]
(1) by striking out the section heading and the section
designation and inserting in lieu thereof the following:
``SEC. 305. CONTRACT FINANCING.'';
(2) by inserting ``Payment Authority.--'' after ``(a)'' in
subsection (a);
(3) by inserting ``Payment Amount.--'' after ``(b)'' in
subsection (b);
(4) by inserting ``Security for Advance Payments.--'' after
``(c)'' in subsection (c); and
(5) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively.
(b) Performance-Based Payments.--Such section, as amended
by subsection (a), is further amended by inserting after
subsection (a) the following new subsection (b):
``(b) Performance-Based Payments.--Whenever practicable,
payments under subsection (a) shall be made on any of the
following bases:
``(1) Performance measured by objective, quantifiable
methods such as delivery of acceptable items, work
measurement, or statistical process controls.
``(2) Accomplishment of events defined in the program
management plan.
``(3) Other quantifiable measures of results.''.
(c) Terminology Correction.--Subsection (a)(2) of such
section is amended by striking out ``bid''.
(d) Effective Date of Lien Related to Advance Payments.--
Such section, as amended by subsection (a)(5), is further
amended in subsection (d) by inserting before the period at
the end of the third sentence the following: ``and is
effective immediately upon the first advancement of funds
without filing, notice, or any other action by the United
States''.
(e) Revision of Civilian Agency Provision To Ensure Uniform
Requirements for Progress Payments.--Such section is further
amended by adding at the end the following new subsections:
``(e) Conditions for Progress Payments.--(1) The executive
agency shall ensure that any payment for work in progress
(including materials, labor, and other items) under a
contract of an executive agency that provides for such
payments is commensurate with the work accomplished that
meets standards established under the contract. The
contractor shall provide such information and evidence as the
executive agency determines necessary to permit the executive
agency to carry out the preceding sentence.
``(2) The executive agency shall ensure that progress
payments referred to in paragraph (1) are not made for more
than 80 percent of the work accomplished under the contract
so long as the executive agency has not made the contractual
terms, specifications, and price definite.
``(3) This subsection applies to any contract in an amount
greater than $25,000.
``(f) Conditions for Payments for Commercial Items.--(1)
Payments under subsection (a) for commercial items may be
made under such terms and conditions as the head of the
executive agency determines are appropriate or customary in
the commercial marketplace and are in the best interests of
the United States. The head of the executive agency shall
obtain adequate security for such payments. If the security
is in the form of a lien in favor of the United States, such
lien is paramount to all other liens and is effective
immediately upon the first payment, without filing, notice,
or other action by the United States.
``(2) Advance payments made under subsection (a) for
commercial items may include payments, in a total amount of
not more than 15 percent of the contract price, in advance of
any performance of work under the contract.
``(3) The conditions of subsections (d) and (e) need not be
applied if they would be inconsistent, as determined by the
head of the executive agency, with commercial terms and
conditions pursuant to paragraphs (1) and (2).''.
``(g) Action in Case of Fraud.--(1) In any case in which
the remedy coordination official of an executive agency finds
that there is substantial evidence that the request of a
contractor for advance, partial, or progress payment under a
contract awarded by that executive agency is based on fraud,
the remedy coordination official shall recommend that the
executive agency reduce or suspend further payments to such
contractor.
``(2) The head of an executive agency receiving a
recommendation under paragraph (1) in the case of a
contractor's request for payment under a contract shall
determine whether there is substantial evidence that the
request is based on fraud. Upon making such a determination,
the head of the executive agency may reduce or suspend
further payments to the contractor under such contract.
``(3) The extent of any reduction or suspension of payments
by an executive agency under paragraph (2) on the basis of
fraud shall be reasonably commensurate with the anticipated
loss to the United States resulting from the fraud.
``(4) A written justification for each decision of the head
of an executive agency whether to reduce or suspend payments
under paragraph (2), and for each recommendation received by
the executive agency in connection with such decision, shall
be prepared and be retained in the files of the executive
agency.
``(5) The head of each executive agency shall prescribe
procedures to ensure that, before the head of the executive
agency decides to reduce or suspend payments in the case of a
contractor under paragraph (2), the contractor is afforded
notice of the proposed reduction or suspension and an
opportunity to submit matters to the executive agency in
response to such proposed reduction or suspension.
``(6) Not later than 180 days after the date on which the
head of an executive agency reduces or suspends payments to a
contractor under paragraph (2), the remedy coordination
official of the executive agency shall--
``(A) review the determination of fraud on which the
reduction or suspension is based; and
``(B) transmit a recommendation to the head of such
executive agency whether the suspension or reduction should
continue.
``(7) The head of each executive agency who receives
recommendations made by a remedy coordination official of the
executive agency to reduce or suspend payments under
paragraph (2) during a fiscal year shall prepare for such
year a report that contains the recommendations, the actions
taken on the recommendations and the reasons for such
actions, and an assessment of the effects of such actions on
the Federal Government. Any such report shall be available to
any Member of Congress upon request.
``(8) The head of an executive agency may not delegate
responsibilities under this subsection to any person in a
position below level IV of the Executive Schedule.
``(9) In this subsection, the term `remedy coordination
official', with respect to an executive agency, means the
person or entity in that executive agency who coordinates
within that executive agency the administration of criminal,
civil, administrative, and contractual remedies resulting
from investigations of fraud or corruption related to
procurement activities.''.
(f) Relationship to Prompt Payment Requirements.--The
amendments made by this section are not intended to impair or
modify procedures required by the provisions of chapter 39 of
title 31, United States Code, and the regulations issued
pursuant to such provisions of law (as such procedures are in
effect on the date of the enactment of this Act), except that
the Government may accept payment terms offered by a
contractor offering a commercial item.
PART III--ACQUISITIONS GENERALLY
SEC. 2091. GOVERNMENT-WIDE APPLICATION OF PAYMENT PROTECTIONS
FOR SUBCONTRACTORS AND SUPPLIERS.
Section 806 of the National Defense Authorization Act for
Fiscal Years 1992 and 1993 (Public Law 102-190; 10 U.S.C.
2301 note) is amended by striking out subsection (c) and
inserting in lieu thereof the following:
``(c) Government-Wide Applicability.--The Federal
Acquisition Regulatory Council (established by section 25(a)
of the Office of Federal Procurement Policy Act) shall modify
the Federal Acquisition Regulation (issued pursuant to
section 25(c)(1) of the Office of Federal Procurement Policy
Act (41 U.S.C. 421(c)(1)) to apply Government-wide the
requirements that the Secretary is required under subsection
(a) to prescribe in regulations applicable with respect to
the Department of Defense contracts.''.
Subtitle B--Cost Principles
PART I--ARMED SERVICES ACQUISITIONS
SEC. 2101. ALLOWABLE CONTRACT COSTS.
(a) Extension of Coverage to Coast Guard and NASA; Other
Miscellaneous Amendments.--Section 2324 of title 10, United
States Code, is amended as follows:
(1) Subsection (a) is amended--
(A) by inserting after ``(a)'' the following: ``Indirect
Cost That Violates a FAR Cost Principle.--'';
(B) by striking out ``Secretary of Defense'' and inserting
in lieu thereof ``head of an agency'';
(C) by striking out ``Department of Defense'' and inserting
in lieu thereof ``agency''; and
(D) by striking out ``the Department of Defense
Supplement'' and inserting in lieu thereof ``applicable
agency supplement''.
(2) Subsection (b) is amended--
(A) by inserting after ``(b)'' the following: ``Penalty for
Violation of Cost Principle.--'';
(B) in subparagraph (B) of paragraph (1) by striking out
``regulations issued by the Secretary'' and inserting in lieu
thereof ``provisions in the Federal Acquisition Regulation'';
and
(C) by striking out ``Secretary'' each place it appears
and inserting in lieu thereof ``head of the agency''.
(3) Subsection (c) is amended--
(A) by inserting after ``(c)'' the following: ``Waiver of
Penalty.--''; and
(B) by striking out ``The Secretary shall prescribe
regulations providing'' in the first sentence and inserting
in lieu thereof ``The Federal Acquisition Regulation shall
provide''.
(4) Subsection (d) is amended--
(A) by inserting after ``(d)'' the following:
``Applicability of Contract Disputes Procedure to
Disallowance of Cost and Assessment of Penalty.--''; and
(B) by striking out ``the Secretary'' and inserting in lieu
thereof ``the head of an agency''.
(5) Subsection (e) is amended--
(A) by inserting after ``(e)'' the following: ``Specific
Costs Not Allowable.--'';
(B) in subparagraph (D) of paragraph (1), by striking out
``regulations of the Secretary of Defense'' and inserting in
lieu thereof ``provisions of the Federal Acquisition
Regulation'';
(C) in subparagraph (M) of paragraph (1), by striking out
``regulations prescribed by
[[Page 1927]]
the Secretary of Defense'' and inserting in lieu thereof
``the Federal Acquisition Regulation'';
(D) in subparagraph (A) of paragraph (2), by inserting ``of
Defense'' after ``Secretary'' the first place it occurs;
(E) in subparagraph (C) of paragraph (2), by striking out
``head of the agency'' in the first sentence and inserting in
lieu thereof ``Secretary of Defense'';
(F) in subparagraph (A) of paragraph (3), by striking out
``regulations prescribed by the Secretary'' and inserting in
lieu thereof ``the Federal Acquisition Regulation''; and
(G) by amending paragraph (4) to read as follows:
``(4) The provisions of the Federal Acquisition Regulation
implementing this section may establish appropriate
definitions, exclusions, limitations, and qualifications.''.
(6) Subsection (f) is amended--
(A) in paragraph (1)--
(i) by striking out ``(1)'' and all that follows through
``The amendments'' and inserting in lieu thereof the
following: ``Required Regulations.--(1) The Federal
Acquisition Regulation shall contain provisions on the
allowability of contractor costs. Such provisions'', and
(ii) by striking out ``These regulations'' and inserting in
lieu thereof ``The regulations''; and
(B) in paragraphs (2), (3), and (4)--
(i) by striking out ``defense'' before ``contract auditor''
each place it appears, and
(ii) by striking out ``regulation'' each place it appears
and inserting in lieu thereof ``Federal Acquisition
Regulation''.
(7) Subsection (g) is amended to read as follows:
``(g) Applicability of Regulations to Subcontractors.--The
regulations referred to in subsections (e) and (f)(1) shall
require prime contractors of a covered contract, to the
maximum extent practicable, to apply the provisions of such
regulations to all subcontractors of the covered contract.''.
(8) Subsection (h) is amended--
(A) by inserting after ``(h)'' the following: ``Contractor
Certification Required.--'';
(B) by striking out ``by the Secretary'' in paragraph (1)
and inserting in lieu thereof ``in the Federal Acquisition
Regulation''; and
(C) by striking out ``Secretary of Defense'' in paragraph
(2) and inserting in lieu thereof ``head of the agency''.
(9) Subsection (i) is amended by striking out ``The
submission to the Department of Defense'' and inserting in
lieu thereof ``Penalties for Submission of Cost Known as Not
Allowable.--The submission to an agency''.
(10) Subsection (j) is amended--
(A) by inserting after ``(j)'' the following: ``Contractor
To Have Burden of Proof.--''; and
(B) by striking out ``United States Claims Court'' and
inserting in lieu thereof ``United States Court of Federal
Claims''.
(11) Subsection (k) is amended--
(A) by inserting after ``(k)'' the following: ``Proceeding
Costs Not Allowable.--'';
(B) in paragraph (2), by striking out ``decision by the
Department of Defense--'' and inserting in lieu thereof
``decision--''; and
(C) in paragraph (4)--
(i) by inserting after ``head of the agency'' the
following: ``or Secretary of the military department
concerned'',
(ii) by striking out ``under regulations prescribed by such
agency head'' and inserting in lieu thereof ``in accordance
with the Federal Acquisition Regulation'',
(iii) by inserting ``or Secretary'' after ``agency head'',
and
(iv) by inserting before the period at the end the
following: ``or military department''.
(b) Unallowability of Costs To Influence Local Legislative
Bodies.--Subsection (e)(1)(B) of section 2324 of title 10,
United States Code, is amended by striking out ``or a State
legislature'' and inserting in lieu thereof ``, a State
legislature, or a legislative body of a political subdivision
of a State''.
(c) Clarification of Cost Principles.--Subsection (f)(1) of
such section is amended by adding at the end the following:
``(Q) Conventions.''.
(d) Covered Contract Defined.--Such section is further
amended by striking out subsections (l) and (m) and inserting
in lieu thereof the following:
``(l) Definitions.--In this section:
``(1)(A) The term `covered contract' means a contract for
an amount in excess of $500,000 that is entered into by the
head of an agency, except that such term does not include a
fixed-price contract without cost incentives or any firm
fixed-price contract for the purchase of commercial items.
``(B) Effective on October 1 of each year that is divisible
by five, the amount set forth in subparagraph (A) shall be
adjusted to the equivalent amount in constant fiscal year
1994 dollars. An amount, as so adjusted, that is not evenly
divisible by $50,000 shall be rounded to the nearest multiple
of $50,000. In the case of an amount that is evenly divisible
by $25,000 but is not evenly divisible by $50,000, the amount
shall be rounded to the next higher multiple of $50,000.
``(2) The term `head of the agency' or `agency head' does
not include the Secretary of a military department.
``(3) The term `agency' means the Department of Defense,
the Coast Guard, and the National Aeronautics and Space
Administration.''.
(e) Regulations.--The regulations of the Secretary of
Defense implementing section 2324 of title 10, United States
Code, shall remain in effect until the Federal Acquisition
Regulation is revised to implement the amendments made by
this section.
SEC. 2102. REPEAL OF AUTHORITY FOR CONTRACT PROFIT CONTROLS
DURING EMERGENCY PERIODS.
(a) Repeal.--Section 2382 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 141 of such title is amended by striking
out the item relating to section 2382.
PART II--CIVILIAN AGENCY ACQUISITIONS
SEC. 2151. ALLOWABLE CONTRACT COSTS.
Section 306 of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 256) is amended to read as
follows:
``SEC. 306. ALLOWABLE COSTS.
``(a) Indirect Cost That Violates a FAR Cost Principle.--An
executive agency shall require that a covered contract
provide that if the contractor submits to the executive
agency a proposal for settlement of indirect costs incurred
by the contractor for any period after such costs have been
accrued and if that proposal includes the submission of a
cost which is unallowable because the cost violates a cost
principle in the Federal Acquisition Regulation (referred to
in section 25(c)(1) of the Office of Federal Procurement
Policy Act (41 U.S.C. 421(c)(1)) or an executive agency
supplement to the Federal Acquisition Regulation, the cost
shall be disallowed.
``(b) Penalty for Violation of Cost Principle.--(1) If the
executive agency determines that a cost submitted by a
contractor in its proposal for settlement is expressly
unallowable under a cost principle referred to in subsection
(a) that defines the allowability of specific selected costs,
the executive agency shall assess a penalty against the
contractor in an amount equal to--
``(A) the amount of the disallowed cost allocated to
covered contracts for which a proposal for settlement of
indirect costs has been submitted; plus
``(B) interest (to be computed based on provisions in the
Federal Acquisition Regulation) to compensate the United
States for the use of any funds which a contractor has been
paid in excess of the amount to which the contractor was
entitled.
``(2) If the executive agency determines that a proposal
for settlement of indirect costs submitted by a contractor
includes a cost determined to be unallowable in the case of
such contractor before the submission of such proposal, the
executive agency shall assess a penalty against the
contractor in an amount equal to two times the amount of the
disallowed cost allocated to covered contracts for which a
proposal for settlement of indirect costs has been submitted.
``(c) Waiver of Penalty.--The Federal Acquisition
Regulation shall provide for a penalty under subsection (b)
to be waived in the case of a contractor's proposal for
settlement of indirect costs when--
``(1) the contractor withdraws the proposal before the
formal initiation of an audit of the proposal by the Federal
Government and resubmits a revised proposal;
``(2) the amount of unallowable costs subject to the
penalty is insignificant; or
``(3) the contractor demonstrates, to the contracting
officer's satisfaction, that--
``(A) it has established appropriate policies and personnel
training and an internal control and review system that
provide assurances that unallowable costs subject to
penalties are precluded from being included in the
contractor's proposal for settlement of indirect costs; and
``(B) the unallowable costs subject to the penalty were
inadvertently incorporated into the proposal.
``(d) Applicability of Contract Disputes Procedure to
Disallowance of Cost and Assessment of Penalty.--An action of
an executive agency under subsection (a) or (b)--
``(1) shall be considered a final decision for the purposes
of section 6 of the Contract Disputes Act of 1978 (41 U.S.C.
605); and
``(2) is appealable in the manner provided in section 7 of
such Act (41 U.S.C. 606).
``(e) Specific Costs Not Allowable.--(1) The following
costs are not allowable under a covered contract:
``(A) Costs of entertainment, including amusement,
diversion, and social activities, and any costs directly
associated with such costs (such as tickets to shows or
sports events, meals, lodging, rentals, transportation, and
gratuities).
``(B) Costs incurred to influence (directly or indirectly)
legislative action on any matter pending before Congress, a
State legislature, or a legislative body of a political
subdivision of a State.
``(C) Costs incurred in defense of any civil or criminal
fraud proceeding or similar proceeding (including filing of
any false certification) brought by the United States where
the contractor is found liable or had pleaded nolo contendere
to a charge of fraud or similar proceeding (including filing
of a false certification).
``(D) Payments of fines and penalties resulting from
violations of, or failure to comply with, Federal, State,
local, or foreign laws and regulations, except when incurred
as a result of compliance with specific terms and conditions
of the contract or specific written instructions from the
contracting officer authorizing in advance such payments in
accordance with applicable provisions of the Federal
Acquisition Regulation.
``(E) Costs of membership in any social, dining, or country
club or organization.
``(F) Costs of alcoholic beverages.
[[Page 1928]]
``(G) Contributions or donations, regardless of the
recipient.
``(H) Costs of advertising designed to promote the
contractor or its products.
``(I) Costs of promotional items and memorabilia, including
models, gifts, and souvenirs.
``(J) Costs for travel by commercial aircraft which exceed
the amount of the standard commercial fare.
``(K) Costs incurred in making any payment (commonly known
as a `golden parachute payment') which is--
``(i) in an amount in excess of the normal severance pay
paid by the contractor to an employee upon termination of
employment; and
``(ii) is paid to the employee contingent upon, and
following, a change in management control over, or ownership
of, the contractor or a substantial portion of the
contractor's assets.
``(L) Costs of commercial insurance that protects against
the costs of the contractor for correction of the
contractor's own defects in materials or workmanship.
``(M) Costs of severance pay paid by the contractor to
foreign nationals employed by the contractor under a service
contract performed outside the United States, to the extent
that the amount of severance pay paid in any case exceeds the
amount paid in the industry involved under the customary or
prevailing practice for firms in that industry providing
similar services in the United States, as determined under
the Federal Acquisition Regulation.
``(N) Costs of severance pay paid by the contractor to a
foreign national employed by the contractor under a service
contract performed in a foreign country if the termination of
the employment of the foreign national is the result of the
closing of, or the curtailment of activities at, a United
States facility in that country at the request of the
government of that country.
``(O) Costs incurred by a contractor in connection with any
criminal, civil, or administrative proceeding commenced by
the United States or a State, to the extent provided in
subsection (k).
``(2)(A) Pursuant to the Federal Acquisition Regulation and
subject to the availability of appropriations, an executive
agency, in awarding a covered contract, may waive the
application of the provisions of paragraphs (1)(M) and (1)(N)
to that contract if the executive agency determines that--
``(i) the application of such provisions to the contract
would adversely affect the continuation of a program,
project, or activity that provides significant support
services for employees of the executive agency posted outside
the United States;
``(ii) the contractor has taken (or has established plans
to take) appropriate actions within the contractor's control
to minimize the amount and number of incidents of the payment
of severance pay by the contractor to employees under the
contract who are foreign nationals; and
``(iii) the payment of severance pay is necessary in order
to comply with a law that is generally applicable to a
significant number of businesses in the country in which the
foreign national receiving the payment performed services
under the contract or is necessary to comply with a
collective bargaining agreement.
``(B) An executive agency shall include in the solicitation
for a covered contract a statement indicating--
``(i) that a waiver has been granted under subparagraph (A)
for the contract; or
``(ii) whether the executive agency will consider granting
such a waiver, and, if the executive agency will consider
granting a waiver, the criteria to be used in granting the
waiver.
``(C) An executive agency shall make the final
determination regarding whether to grant a waiver under
subparagraph (A) with respect to a covered contract before
award of the contract.
``(3) The provisions of the Federal Acquisition Regulation
implementing this section may establish appropriate
definitions, exclusions, limitations, and qualifications. Any
submission by a contractor of costs which are incurred by the
contractor and which are claimed to be allowable under
Department of Energy management and operating contracts shall
be considered a `proposal for settlement of indirect costs
incurred by the contractor for any period after such costs
have been accrued', as used in this section.
``(f) Required Regulations.--(1) The Federal Acquisition
Regulation shall contain provisions on the allowability of
contractor costs. Such provisions shall define in detail and
in specific terms those costs which are unallowable, in whole
or in part, under covered contracts. The regulations shall,
at a minimum, clarify the cost principles applicable to
contractor costs of the following:
``(A) Air shows.
``(B) Membership in civic, community, and professional
organizations.
``(C) Recruitment.
``(D) Employee morale and welfare.
``(E) Actions to influence (directly or indirectly)
executive branch action on regulatory and contract matters
(other than costs incurred in regard to contract proposals
pursuant to solicited or unsolicited bids).
``(F) Community relations.
``(G) Dining facilities.
``(H) Professional and consulting services, including legal
services.
``(I) Compensation.
``(J) Selling and marketing.
``(K) Travel.
``(L) Public relations.
``(M) Hotel and meal expenses.
``(N) Expense of corporate aircraft.
``(O) Company-furnished automobiles.
``(P) Advertising.
``(Q) Conventions.
``(2) The Federal Acquisition Regulation shall require that
a contracting officer not resolve any questioned costs until
the contracting officer has obtained--
``(A) adequate documentation with respect to such costs;
and
``(B) the opinion of the contract auditor on the
allowability of such costs.
``(3) The Federal Acquisition Regulation shall provide
that, to the maximum extent practicable, a contract auditor
be present at any negotiation or meeting with the contractor
regarding a determination of the allowability of indirect
costs of the contractor.
``(4) The Federal Acquisition Regulation shall require that
all categories of costs designated in the report of a
contract auditor as questioned with respect to a proposal for
settlement be resolved in such a manner that the amount of
the individual questioned costs that are paid will be
reflected in the settlement.
``(g) Applicability of Regulations to Subcontractors.--The
regulations referred to in subsections (e) and (f)(1) shall
require prime contractors of a covered contract, to the
maximum extent practicable, to apply the provisions of such
regulations to all subcontractors of the covered contract.
``(h) Contractor Certification Required.--(1) A proposal
for settlement of indirect costs applicable to a covered
contract shall include a certification by an official of the
contractor that, to the best of the certifying official's
knowledge and belief, all indirect costs included in the
proposal are allowable. Any such certification shall be in a
form prescribed in the Federal Acquisition Regulation.
``(2) An executive agency may, in an exceptional case,
waive the requirement for certification under paragraph (1)
in the case of any contract if the agency--
``(A) determines in such case that it would be in the
interest of the United States to waive such certification;
and
``(B) states in writing the reasons for that determination
and makes such determination available to the public.
``(i) Penalties for Submission of Cost Known as Not
Allowable.--The submission to an executive agency of a
proposal for settlement of costs for any period after such
costs have been accrued that includes a cost that is
expressly specified by statute or regulation as being
unallowable, with the knowledge that such cost is
unallowable, shall be subject to the provisions of section
287 of title 18, United States Code, and section 3729 of
title 31, United States Code.
``(j) Contractor To Have Burden of Proof.--In a proceeding
before a board of contract appeals, the United States Court
of Federal Claims, or any other Federal court in which the
reasonableness of indirect costs for which a contractor seeks
reimbursement from the United States is in issue, the burden
of proof shall be upon the contractor to establish that those
costs are reasonable.
``(k) Proceeding Costs Not Allowable.--(1) Except as
otherwise provided in this subsection, costs incurred by a
contractor in connection with any criminal, civil, or
administrative proceeding commenced by the United States or a
State are not allowable as reimbursable costs under a covered
contract if the proceeding (A) relates to a violation of, or
failure to comply with, a Federal or State statute or
regulation, and (B) results in a disposition described in
paragraph (2).
``(2) A disposition referred to in paragraph (1)(B) is any
of the following:
``(A) In the case of a criminal proceeding, a conviction
(including a conviction pursuant to a plea of nolo
contendere) by reason of the violation or failure referred to
in paragraph (1).
``(B) In the case of a civil or administrative proceeding
involving an allegation of fraud or similar misconduct, a
determination of contractor liability on the basis of the
violation or failure referred to in paragraph (1).
``(C) In the case of any civil or administrative
proceeding, the imposition of a monetary penalty by reason of
the violation or failure referred to in paragraph (1).
``(D) A final decision--
``(i) to debar or suspend the contractor,
``(ii) to rescind or void the contract, or
``(iii) to terminate the contract for default,
by reason of the violation or failure referred to in
paragraph (1).
``(E) A disposition of the proceeding by consent or
compromise if such action could have resulted in a
disposition described in subparagraph (A), (B), (C), or (D).
``(3) In the case of a proceeding referred to in paragraph
(1) that is commenced by the United States and is resolved by
consent or compromise pursuant to an agreement entered into
by a contractor and the United States, the costs incurred by
the contractor in connection with such proceeding that are
otherwise not allowable as reimbursable costs under such
paragraph may be allowed to the extent specifically provided
in such agreement.
``(4) In the case of a proceeding referred to in paragraph
(1) that is commenced by a State, the executive agency that
awarded the covered contract involved in the proceeding may
allow the costs incurred by the contractor in connection with
such proceeding as reimbursable costs if the executive agency
determines, in accordance with the Federal Acquisition
Regulation, that the costs were incurred as a result of (A) a
specific term or
[[Page 1929]]
condition of the contract, or (B) specific written
instructions of the executive agency.
``(5)(A) Except as provided in subparagraph (C), costs
incurred by a contractor in connection with a criminal,
civil, or administrative proceeding commenced by the United
States or a State in connection with a covered contract may
be allowed as reimbursable costs under the contract if such
costs are not disallowable under paragraph (1), but only to
the extent provided in subparagraph (B).
``(B)(i) The amount of the costs allowable under
subparagraph (A) in any case may not exceed the amount equal
to 80 percent of the amount of the costs incurred, to the
extent that such costs are determined to be otherwise
allowable and allocable under the Federal Acquisition
Regulation.
``(ii) Regulations issued for the purpose of clause (i)
shall provide for appropriate consideration of the complexity
of procurement litigation, generally accepted principles
governing the award of legal fees in civil actions involving
the United States as a party, and such other factors as may
be appropriate.
``(C) In the case of a proceeding referred to in
subparagraph (A), contractor costs otherwise allowable as
reimbursable costs under this paragraph are not allowable if
(i) such proceeding involves the same contractor misconduct
alleged as the basis of another criminal, civil, or
administrative proceeding, and (ii) the costs of such other
proceeding are not allowable under paragraph (1).
``(6) In this subsection:
``(A) The term `proceeding' includes an investigation.
``(B) The term `costs', with respect to a proceeding--
``(i) means all costs incurred by a contractor, whether
before or after the commencement of any such proceeding; and
``(ii) includes--
``(I) administrative and clerical expenses;
``(II) the cost of legal services, including legal services
performed by an employee of the contractor;
``(III) the cost of the services of accountants and
consultants retained by the contractor; and
``(IV) the pay of directors, officers, and employees of the
contractor for time devoted by such directors, officers, and
employees to such proceeding.
``(C) The term `penalty' does not include restitution,
reimbursement, or compensatory damages.
``(l) Covered Contract Defined.--(1) In this section, the
term `covered contract' means a contract for an amount in
excess of $500,000 that is entered into by an executive
agency, except that such term does not include a fixed-price
contract without cost incentives or any firm, fixed price
contract for the purchase of commercial items.
``(2) Effective on October 1 of each year that is divisible
by five, the amount set forth in paragraph (1) shall be
adjusted to the equivalent amount in constant fiscal year
1994 dollars. An amount, as so adjusted, that is not evenly
divisible by $50,000 shall be rounded to the nearest multiple
of $50,000. In the case of an amount that is evenly divisible
by $25,000 but is not evenly divisible by $50,000, the amount
shall be rounded to the next higher multiple of $50,000.''.
PART III--ACQUISITIONS GENERALLY
SEC. 2191. TRAVEL EXPENSES OF GOVERNMENT CONTRACTORS.
Section 24 of the Office of Federal Procurement Policy Act
(41 U.S.C. 420) is repealed.
SEC. 2192. REVISION OF COST PRINCIPLE RELATING TO
ENTERTAINMENT, GIFT, AND RECREATION COSTS FOR
CONTRACTOR EMPLOYEES.
(a) Costs Not Allowable.--(1) The costs of gifts or
recreation for employees of a contractor or members of their
families that are provided by the contractor to improve
employee morale or performance or for any other purpose are
not allowable under a covered contract unless, within 120
days after the date of the enactment of this Act, the Federal
Acquisition Regulatory Council prescribes amendments to the
Federal Acquisition Regulation specifying circumstances under
which such costs are allowable under a covered contract.
(2) Not later than 90 days after the date of the enactment
of this Act, the Federal Acquisition Regulatory Council shall
amend the cost principle in the Federal Acquisition
Regulation that is set out in section 31.205-14 of title 48,
Code of Federal Regulations, relating to unallowability of
entertainment costs--
(A) by inserting in the cost principle a statement that
costs made specifically unallowable under that cost principle
are not allowable under any other cost principle; and
(B) by striking out ``(but see 31.205-1 and 31.205-13)''.
(b) Definitions.--In this section:
(1) The term ``employee'' includes officers and directors
of a contractor.
(2) The term ``covered contract'' has the meaning given
such term in section 2324(l) of title 10, United States Code
(as amended by section 2101(c)), and section 306(l) of the
Federal Property and Administrative Services Act of 1949 (as
added by section 2151).
(c) Effective Date.--Any amendments to the Federal
Acquisition Regulation made pursuant to subsection (a) shall
apply with respect to costs incurred after the date on which
the amendments made by section 2101 apply (as provided in
section 10001) or the date on which the amendments made by
section 2151 apply (as provided in section 10001), whichever
is later.
Subtitle C--Audit and Access to Records
PART I--ARMED SERVICES ACQUISITIONS
SEC. 2201. CONSOLIDATION AND REVISION OF AUTHORITY TO EXAMINE
RECORDS OF CONTRACTORS.
(a) Authority.--(1) Section 2313 of title 10, United States
Code, is amended to read as follows:
``Sec. 2313. Examination of records of contractor
``(a) Agency Authority.--(1) The head of an agency, acting
through an authorized representative, is authorized to
inspect the plant and audit the records of--
``(A) a contractor performing a cost-reimbursement,
incentive, time-and-materials, labor-hour, or price-
redeterminable contract, or any combination of such
contracts, made by that agency under this chapter; and
``(B) a subcontractor performing any cost-reimbursement,
incentive, time-and-materials, labor-hour, or price-
redeterminable subcontract or any combination of such
subcontracts under a contract referred to in subparagraph
(A).
``(2) The head of an agency, acting through an authorized
representative, is authorized, for the purpose of evaluating
the accuracy, completeness, and currency of certified cost or
pricing data required to be submitted pursuant to section
2306a of this title with respect to a contract or
subcontract, to examine all records of the contractor or
subcontractor related to--
``(A) the proposal for the contract or subcontract;
``(B) the discussions conducted on the proposal;
``(C) pricing of the contract or subcontract; or
``(D) performance of the contract or subcontract.
``(b) DCAA Subpoena Authority.--(1) The Director of the
Defense Contract Audit Agency (or any successor agency) may
require by subpoena the production of any records of a
contractor that the Secretary of Defense is authorized to
audit or examine under subsection (a).
``(2) Any such subpoena, in the case of contumacy or
refusal to obey, shall be enforceable by order of an
appropriate United States district court.
``(3) The authority provided by paragraph (1) may not be
redelegated.
``(4) The Director (or any successor official) shall submit
an annual report to the Secretary of Defense on the exercise
of such authority during the preceding year and the reasons
why such authority was exercised in any instance. The
Secretary shall forward a copy of each such report to the
Committees on Armed Services of the Senate and House of
Representatives.
``(c) Comptroller General Authority.--(1) Except as
provided in paragraph (2), each contract awarded after using
procedures other than sealed bid procedures shall provide
that the Comptroller General and his representatives are
authorized to examine any records of the contractor, or any
of its subcontractors, that directly pertain to, and involve
transactions relating to, the contract or subcontract.
``(2) Paragraph (1) does not apply to a contract or
subcontract with a foreign contractor or foreign
subcontractor if the head of the agency concerned determines,
with the concurrence of the Comptroller General or his
designee, that the application of that paragraph to the
contract or subcontract would not be in the public interest.
However, the concurrence of the Comptroller General or his
designee is not required--
``(A) where the contractor or subcontractor is a foreign
government or agency thereof or is precluded by the laws of
the country involved from making its records available for
examination; and
``(B) where the head of the agency determines, after taking
into account the price and availability of the property and
services from United States sources, that the public interest
would be best served by not applying paragraph (1).
``(3) Paragraph (1) may not be construed to require a
contractor or subcontractor to create or maintain any record
that the contractor or subcontractor does not maintain in the
ordinary course of business or pursuant to another provision
of law.
``(d) Limitation on Preaward Audits Relating to Indirect
Costs.--The head of an agency may not perform a preaward
audit to evaluate proposed indirect costs under any contract,
subcontract, or modification to be entered into in accordance
with this chapter in any case in which the contracting
officer determines that the objectives of the audit can
reasonably be met by accepting the results of an audit
conducted by any other department or agency of the Federal
Government within one year preceding the date of the
contracting officer's determination.
``(e) Limitation.--The authority of the head of an agency
under subsection (a), and the authority of the Comptroller
General under subsection (c), with respect to a contract or
subcontract shall expire three years after final payment
under such contract or subcontract.
``(f) Inapplicability to Certain Contracts.--This section
does not apply to the following contracts:
``(1) Contracts for utility services at rates not exceeding
those established to apply uniformly to the public, plus any
applicable reasonable connection charge.
``(g) Forms of Original Record Storage.--Nothing in this
section shall be construed to preclude a contractor from
duplicating or storing original records in electronic form.
``(h) Use of Images of Original Records.--The head of an
agency shall not
[[Page 1930]]
require a contractor or subcontractor to provide original
records in an audit carried out pursuant to this section if
the contractor or subcontractor provides photographic or
electronic images of the original records and meets the
following requirements:
``(1) The contractor or subcontractor has established
procedures to ensure that the imaging process preserves the
integrity, reliability, and security of the original records.
``(2) The contractor or subcontractor maintains an
effective indexing system to permit timely and convenient
access to the imaged records.
``(3) The contractor or subcontractor retains the original
records for a minimum of one year after imaging to permit
periodic validation of the imaging systems.
``(i) Records Defined.--In this section, the term `records'
includes books, documents, accounting procedures and
practices, and other data, regardless of type and regardless
of whether such items are in written form, in the form of
computer data, or in any other form.''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 137 of title 10, United
States Code, is amended to read as follows:
``2313. Examination of records of contractor.''.
(b) Repeal of Superseded Provision.--(1) Section 2406 of
title 10, United States Code, is repealed.
(2) The table of sections at the beginning of chapter 141
of such title is amended by striking out the item relating to
section 2406.
PART II--CIVILIAN AGENCY ACQUISITIONS
SEC. 2251. AUTHORITY TO EXAMINE RECORDS OF CONTRACTORS.
(a) Authority.--Title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.),
as amended by sections 1072 and 1251(a), is further amended
by inserting after section 304B the following new section:
``SEC. 304C. EXAMINATION OF RECORDS OF CONTRACTOR.
``(a) Agency Authority.--(1) The head of an executive
agency, acting through an authorized representative, is
authorized to inspect the plant and audit the records of--
``(A) a contractor performing a cost-reimbursement,
incentive, time-and-materials, labor-hour, or price-
redeterminable contract, or any combination of such
contracts, made by that executive agency under this title;
and
``(B) a subcontractor performing any cost-reimbursement,
incentive, time-and-materials, labor-hour, or price-
redeterminable subcontract or any combination of such
subcontracts under a contract referred to in subparagraph
(A).
``(2) The head of an executive agency, acting through an
authorized representative, is authorized, for the purpose of
evaluating the accuracy, completeness, and currency of
certified cost or pricing data required to be submitted
pursuant to section 304B with respect to a contract or
subcontract, to examine all records of the contractor or
subcontractor related to--
``(A) the proposal for the contract or subcontract;
``(B) the discussions conducted on the proposal;
``(C) pricing of the contract or subcontract; or
``(D) performance of the contract or subcontract.
``(b) Subpoena Power.--(1) The Inspector General of an
executive agency appointed under section 3 or 8G of the
Inspector General Act of 1978 (5 U.S.C. App.) or, upon
request of the head of an executive agency, the Director of
the Defense Contract Audit Agency (or any successor agency)
of the Department of Defense or the Inspector General of the
General Services Administration may require by subpoena the
production of records of a contractor, access to which is
provided for that executive agency by subsection (a).
``(2) Any such subpoena, in the case of contumacy or
refusal to obey, shall be enforceable by order of an
appropriate United States district court.
``(3) The authority provided by paragraph (1) may not be
delegated.
``(4) In the year following a year in which authority
provided in paragraph (1) is exercised for an executive
agency, the head of the executive agency shall submit to the
Committee on Governmental Affairs of the Senate and the
Committee on Government Operations of the House of
Representatives a report on the exercise of such authority
during such preceding year and the reasons why such authority
was exercised in any instance.
``(c) Comptroller General Authority.--(1) Except as
provided in paragraph (2), each contract awarded after using
procedures other than sealed bid procedures shall provide
that the Comptroller General and his representatives are
authorized to examine any records of the contractor, or any
of its subcontractors, that directly pertain to, and involve
transactions relating to, the contract or subcontract.
``(2) Paragraph (1) does not apply to a contract or
subcontract with a foreign contractor or foreign
subcontractor if the executive agency concerned determines,
with the concurrence of the Comptroller General or his
designee, that the application of that paragraph to the
contract or subcontract would not be in the public interest.
However, the concurrence of the Comptroller General or his
designee is not required--
``(A) where the contractor or subcontractor is a foreign
government or agency thereof or is precluded by the laws of
the country involved from making its records available for
examination; and
``(B) where the executive agency determines, after taking
into account the price and availability of the property and
services from United States sources, that the public interest
would be best served by not applying paragraph (1).
``(3) Paragraph (1) may not be construed to require a
contractor or subcontractor to create or maintain any record
that the contractor or subcontractor does not maintain in the
ordinary course of business or pursuant to another provision
of law.
``(d) Limitation on Preaward Audits Relating to Indirect
Costs.--An executive agency may not perform a preaward audit
to evaluate proposed indirect costs under any contract,
subcontract, or modification to be entered into in accordance
with this title in any case in which the contracting officer
determines that the objectives of the audit can reasonably be
met by accepting the results of an audit conducted by any
other department or agency of the Federal Government within
one year preceding the date of the contracting officer's
determination.
``(e) Limitation.--The authority of an executive agency
under subsection (a), and the authority of the Comptroller
General under subsection (c), with respect to a contract or
subcontract shall expire three years after final payment
under such contract or subcontract.
``(f) Inapplicability to Certain Contracts.--This section
does not apply to the following contracts:
``(1) Contracts for utility services at rates not exceeding
those established to apply uniformly to the public, plus any
applicable reasonable connection charge.
``(g) Form of Original Record Storage.--Nothing in this
section shall be construed to preclude a contractor from
duplicating or storing original records in electronic form.
``(h) Use of Images of Original Records.--An executive
agency shall not require a contractor or subcontractor to
provide original records in an audit carried out pursuant to
this section if the contractor or subcontractor provides
photographic or electronic images of the original records and
meets the following requirements:
``(1) The contractor or subcontractor has established
procedures to ensure that the imaging process preserves the
integrity, reliability, and security of the original records.
``(2) The contractor or subcontractor maintains an
effective indexing system to permit timely and convenient
access to the imaged records.
``(3) The contractor or subcontractor retains the original
records for a minimum of one year after imaging to permit
periodic validation of the imaging systems.
``(i) Records Defined.--In this section, the term `records'
includes books, documents, accounting procedures and
practices, and other data, regardless of type and regardless
of whether such items are in written form, in the form of
computer data, or in any other form.''.
(b) Repeal of Superseded Provision.--Section 304 of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 254) is amended by striking out subsection (c).
Subtitle D--Claims and Disputes
PART I--ARMED SERVICES ACQUISITIONS
SEC. 2301. CERTIFICATION OF CONTRACT CLAIMS.
(a) In General.--Chapter 141 of title 10, United States
Code, is amended by inserting after section 2409a the
following new section 2410:
``Sec. 2410. Requests for equitable adjustment or other
relief: certification
``(a) Certification Requirement.--A request for equitable
adjustment to contract terms or request for relief under
Public Law 85-804 (50 U.S.C. 1431 et seq.) that exceeds the
simplified acquisition threshold may not be paid unless a
person authorized to certify the request on behalf of the
contractor certifies, at the time the request is submitted,
that--
``(1) the request is made in good faith, and
``(2) the supporting data are accurate and complete to the
best of that person's knowledge and belief.
``(b) Restriction on Legislative Payment of Claims.--In the
case of a contract of an agency named in section 2303(a) of
this title, no provision of a law enacted after September 30,
1994, that directs the payment of a particular claim under
such contract, a particular request for equitable adjustment
to any term of such contract, or a particular request for
relief under Public Law 85-804 (50 U.S.C. 1431 et seq.)
regarding such contract may be implemented unless such
provision of law--
``(1) specifically refers to this subsection; and
``(2) specifically states that this subsection does not
apply with respect to the payment directed by that provision
of law.
``(c) Definition.--In this section, the term `simplified
acquisition threshold' has the meaning given that term in
section 4(11) of the Office of Federal Procurement Policy
Act.''.
(b) Repeal of Related Provision.--Section 2410e of title
10, United States Code, is repealed.
(c) Clerical amendments.--The table of sections at the
beginning of chapter 141 of such title is amended--
(A) by striking out the items relating to sections 2410 and
2410e; and
(B) by inserting after the item relating to section 2409a
the following:
[[Page 1931]]
``2410. Requests for equitable adjustment or other relief:
certification.''.
SEC. 2302. SHIPBUILDING CLAIMS.
(a) Increase in Time Period During Which Adjustments to
Shipbuilding Claims May Be Made.--Section 2405 of title 10,
United States Code, is amended in subsection (a)--
(1) by striking out ``entered into after December 7,
1983,''; and
(2) by striking out ``occurring more than 18 months before
the submission of the claim, request, or demand.'' and
inserting in lieu thereof the following: ``that--
``(1) in the case of a contract entered into after December
7, 1983, and before the date of the enactment of the Federal
Acquisition Streamlining Act of 1994, occurred more than 18
months before the submission of the claim, request, or
demand; and
``(2) in the case of a contract entered into on or after
the date of the enactment of the Federal Acquisition
Streamlining Act of 1994, occurred more than 6 years before
the submission of the claim, request, or demand.''.
(b) Resubmission With Corrected Certification.--Subsection
(c) of such section is amended by adding at the end the
following:
``(4) This subsection applies only with respect to a claim,
request, or demand submitted before the effective date of
this paragraph.''.
(c) Applicability.--Paragraphs (1) and (2) of section
2405(a) of title 10, United States Code, as added by
subsection (a)(2), shall apply according to the provisions
thereof on and after the date of the enactment of this Act,
notwithstanding section 10001(b).
PART II--ACQUISITIONS GENERALLY
SEC. 2351. CONTRACT DISPUTES ACT IMPROVEMENTS.
(a) Period for Filing Claims.--Section 6 of the Contract
Disputes Act of 1978 (41 U.S.C. 605) is amended in subsection
(a) by inserting after the second sentence the following:
``Each claim by a contractor against the government relating
to a contract and each claim by the government against a
contractor relating to a contract shall be submitted within 6
years after the accrual of the claim. The preceding sentence
does not apply to a claim by the government against a
contractor that is based on a claim by the contractor
involving fraud.''.
(2) Notwithstanding the third sentence of section 6(a) of
the Contract Disputes Act of 1978, as added by paragraph (1),
if a contract in existence on the date of the enactment of
this Act requires that a claim referred to in that sentence
be submitted earlier than 6 years after the accrual of the
claim, then the claim shall be submitted within the period
required by the contract. The preceding sentence does not
apply to a claim by the Federal Government against a
contractor that is based on a claim by the contractor
involving fraud.
(b) Increased Threshold for Certification, Decision, and
Notification Requirements.--Subsection (c) of such section is
amended by striking out ``$50,000'' each place it appears and
inserting in lieu thereof ``$100,000''.
(c) Increased Maximum for Applicability of Accelerated
Procedures.--Section 8(f) of the Contract Disputes Act of
1978 (41 U.S.C. 607(f)) is amended by striking out
``$50,000'' in the first sentence and inserting in lieu
thereof ``$100,000''.
(d) Increased Maximum for Applicability of Small Claims
Procedure.--Section 9(a) of the Contract Disputes Act of 1978
(41 U.S.C. 608(a)) is amended by striking out ``$10,000'' in
the first sentence and inserting in lieu thereof ``$50,000''.
(e) Requests for Issuance of Decisions.--Paragraph (4) of
section 6(c) of the Contract Disputes Act of 1978 (41 U.S.C.
605(c)) is amended--
(1) by striking out ``agency board of contract appeals''
and inserting in lieu thereof ``tribunal concerned''; and
(2) by striking out ``board,'' and inserting in lieu
thereof ``tribunal concerned,''.
SEC. 2352. EXTENSION OF ALTERNATIVE DISPUTE RESOLUTION
AUTHORITY.
(a) Extension of Authority.--Section 6(e) of the Contracts
Disputes Act of 1978 (41 U.S.C. 605(e)) is amended by
striking out ``October 1, 1995'' and inserting in lieu
thereof ``October 1, 1999''.
(b) Availability of Procedures to Small Business Government
Contractors.--Section 6(e) of such Act is amended by
inserting after the first sentence the following: ``In any
case in which the contracting officer rejects a contractor's
request for alternative dispute resolution proceedings, the
contracting officer shall provide the contractor with a
written explanation, citing one or more of the conditions in
section 572(b) of title 5, United States Code, or such other
specific reasons that alternative dispute resolution
procedures are inappropriate for the resolution of the
dispute. In any case in which a contractor rejects a request
of an agency for alternative dispute resolution proceedings,
the contractor shall inform the agency in writing of the
contractor's specific reasons for rejecting the request.''.
SEC. 2353. EXPEDITED RESOLUTION OF CONTRACT ADMINISTRATION
MATTERS.
(a) Regulations Required.--(1) The Federal Acquisition
Regulation shall include provisions that require a
contracting officer--
(A) to make every reasonable effort to respond in writing
within 30 days to any written request made to a contracting
officer with respect to a matter relating to the
administration of a contract that is received from a small
business concern; and
(B) in the event that the contracting officer is unable to
reply within the 30-day period, to transmit to the contractor
within such period a written notification of a specific date
by which the contracting officer expects to respond.
(2) The provisions shall not apply to a request for a
contracting officer's decision under the Contract Disputes
Act of 1978 (41 U.S.C. 601 et seq.).
(b) Rule of Construction.--Nothing in this section shall be
considered as creating any rights under the Contract Disputes
Act of 1978 (41 U.S.C. 601 et seq.).
(c) Definition.--In this section, the term ``small business
concern'' means a business concern that meets the
requirements of section 3(a) of the Small Business Act (15
U.S.C. 632(a)) and the regulations promulgated pursuant to
that section.
SEC. 2354. AUTHORITY FOR DISTRICT COURTS TO OBTAIN ADVISORY
OPINIONS FROM BOARDS OF CONTRACT APPEALS IN
CERTAIN CASES.
Section 10 of the Contract Disputes Act of 1978 (41 U.S.C.
609) is amended by adding at the end the following new
paragraph:
``(f)(1) Whenever an action involving an issue described in
paragraph (2) is pending in a district court of the United
States, the district court may request a board of contract
appeals to provide the court with an advisory opinion on the
matters of contract interpretation at issue.
``(2) An issue referred to in paragraph (1) is any issue
that could be the proper subject of a final decision of a
contracting officer appealable under this Act.
``(3) A district court shall direct any request under
paragraph (1) to the board of contract appeals having
jurisdiction under this Act to adjudicate appeals of contract
claims under the contract or contracts being interpreted by
the court.
``(4) After receiving a request for an advisory opinion
under paragraph (1), a board of contract appeals shall
provide the advisory opinion in a timely manner to the
district court making the request.''.
Subtitle E--Miscellaneous
PART I--ARMED SERVICES ACQUISITIONS
SEC. 2401. CLARIFICATION OF PROVISION RELATING TO QUALITY
CONTROL OF CERTAIN SPARE PARTS.
The second sentence of subsection (a) of section 2383 of
title 10, United States Code, is amended to read as follows:
``In establishing the appropriate qualification requirements,
the Secretary of Defense shall use the Department of Defense
qualification requirements that were used to qualify the
original production part unless the Secretary determines in
writing--
``(1) that there are other requirements sufficiently
similar to those requirements that should be used instead; or
``(2) that any or all such requirements are unnecessary.''.
SEC. 2402. CONTRACTOR GUARANTEES REGARDING WEAPON SYSTEMS.
(a) Repeal of Requirement for Report on Waivers.--
Subsection (e) of section 2403 of title 10, United States
Code, is amended--
(1) by striking out ``(1)''; and
(2) by striking out paragraph (2).
(b) Provisions To Be Addressed by Regulations.--Subsection
(h) of such section is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The regulations shall include the following:
``(A) Guidelines for negotiating contractor guarantees that
are reasonable and cost effective, as determined on the basis
of the likelihood of defects and the estimated cost of
correcting such defects.
``(B) Procedures for administering contractor guarantees.
``(C) Guidelines for determining the cases in which it may
be appropriate to waive the requirements of this section.''.
PART II--ACQUISITIONS GENERALLY
SEC. 2451. SECTION 3737 OF THE REVISED STATUTES: EXPANSION OF
AUTHORITY TO PROHIBIT SETOFFS AGAINST
ASSIGNEES; REORGANIZATION OF SECTION; REVISION
OF OBSOLETE PROVISIONS.
Section 3737 of the Revised Statutes (41 U.S.C. 15) is
amended to read as follows:
``Sec. 3737. (a) No contract or order, or any interest
therein, shall be transferred by the party to whom such
contract or order is given to any other party, and any such
transfer shall cause the annulment of the contract or order
transferred, so far as the United States is concerned. All
rights of action, however, for any breach of such contract by
the contracting parties, are reserved to the United States.
``(b) The provisions of subsection (a) shall not apply in
any case in which the moneys due or to become due from the
United States or from any agency or department thereof, under
a contract providing for payments aggregating $1,000 or more,
are assigned to a bank, trust company, or other financing
institution, including any Federal lending agency, provided:
``(1) That, in the case of any contract entered into after
October 9, 1940, no claim shall be assigned if it arises
under a contract which forbids such assignment.
``(2) That, unless otherwise expressly permitted by such
contract, any such assignment shall cover all amounts payable
under such contract and not already paid, shall not be made
to more than one party, and shall not be subject to further
assignment, except that any such assignment may be made to
one party as agent or trustee for two or more parties
participating in such financing.
[[Page 1932]]
``(3) That, in the event of any such assignment, the
assignee thereof shall file written notice of the assignment
together with a true copy of the instrument of the assignment
with--
``(A) the contracting officer or the head of his department
or agency;
``(B) the surety or sureties upon the bond or bonds, if
any, in connection with such contract; and
``(C) the disbursing officer, if any, designated in such
contract to make payment.
``(c) Notwithstanding any law to the contrary governing the
validity of assignments, any assignment pursuant to this
section shall constitute a valid assignment for all purposes.
``(d) In any case in which moneys due or to become due
under any contract are or have been assigned pursuant to this
section, no liability of any nature of the assignor to the
United States or any department or agency thereof, whether
arising from or independently of such contract, shall create
or impose any liability on the part of the assignee to make
restitution, refund, or repayment to the United States of any
amount heretofore since July 1, 1950, or hereafter received
under the assignment.
``(e) Any contract of the Department of Defense, the
General Services Administration, the Department of Energy, or
any other department or agency of the United States
designated by the President, except any such contract under
which full payment has been made, may, upon a determination
of need by the President, provide or be amended without
consideration to provide that payments to be made to the
assignee of any moneys due or to become due under such
contract shall not be subject to reduction or setoff. Each
such determination of need shall be published in the Federal
Register.
``(f) If a provision described in subsection (e) or a
provision to the same general effect has been at any time
heretofore or is hereafter included or inserted in any such
contract, payments to be made thereafter to an assignee of
any moneys due or to become due under such contract shall not
be subject to reduction or setoff for any liability of any
nature of the assignor to the United States or any department
or agency thereof which arises independently of such
contract, or hereafter for any liability of the assignor on
account of--
``(1) renegotiation under any renegotiation statute or
under any statutory renegotiation article in the contract;
``(2) fines;
``(3) penalties (which term does not include amounts which
may be collected or withheld from the assignor in accordance
with or for failure to comply with the terms of the
contract); or
``(4) taxes, social security contributions, or the
withholding or non withholding of taxes or social security
contributions, whether arising from or independently of such
contract.
``(g) Except as herein otherwise provided, nothing in this
section shall be deemed to affect or impair rights of
obligations heretofore accrued.''.
SEC. 2452. REPEAL OF REQUIREMENT FOR DEPOSIT OF CONTRACTS
WITH GAO.
Section 3743 of the Revised Statutes (41 U.S.C. 20) is
repealed.
SEC. 2453. REPEAL OF OBSOLETE DEADLINE REGARDING PROCEDURAL
REGULATIONS FOR THE COST ACCOUNTING STANDARDS
BOARD.
Section 26(f)(3) of the Office of Federal Procurement
Policy Act (41 U.S.C. 422(f)(3)) is amended in the first
sentence by striking out ``Not later than 180 days after the
date of the enactment of this section, the Administrator''
and inserting in lieu thereof ``The Administrator''.
SEC. 2454. CODIFICATION OF ACCOUNTING REQUIREMENT FOR
CONTRACTED ADVISORY AND ASSISTANCE SERVICES.
(a) Funding To Be Identified in Budget.--Section 1105 of
title 31, United States Code, is amended by adding at the end
the following new subsection:
``(g)(1) The Director of the Office of Management and
Budget shall establish the funding for advisory and
assistance services for each department and agency as a
separate object class in each budget annually submitted to
the Congress under this section.
``(2)(A) In paragraph (1), except as provided in
subparagraph (B), the term `advisory and assistance services'
means the following services when provided by nongovernmental
sources:
``(i) Management and professional support services.
``(ii) Studies, analyses, and evaluations.
``(iii) Engineering and technical services.
``(B) In paragraph (1), the term `advisory and assistance
services' does not include the following services:
``(i) Routine automated data processing and
telecommunications services unless such services are an
integral part of a contract for the procurement of advisory
and assistance services.
``(ii) Architectural and engineering services, as defined
in section 901 of the Brooks Architect-Engineers Act (40
U.S.C. 541).
``(iii) Research on basic mathematics or medical,
biological, physical, social, psychological, or other
phenomena.''.
(b) Repeal of Source Law.--Section 512 of Public Law 102-
394 (106 Stat. 1826) is repealed.
(c) Repeal of Superseded Provisions.--(1) Section 2212 of
title 10, United States Code, is repealed.
(2) Section 1114 of title 31, United States Code, is
repealed.
(3)(A) The table of sections at the beginning of chapter
131 of title 10, United States Code, is amended by striking
out the item relating to section 2212.
(B) The table of sections at the beginning of chapter 11 of
title 31, United States Code, is amended by striking out the
item relating to section 1114.
SEC. 2455. UNIFORM SUSPENSION AND DEBARMENT.
(a) Requirement for Regulations.--Regulations shall be
issued providing that provisions for the debarment,
suspension, or other exclusion of a participant in a
procurement activity under the Federal Acquisition
Regulation, or in a nonprocurement activity under regulations
issued pursuant to Executive Order No. 12549, shall have
government-wide effect. No agency shall allow a party to
participate in any procurement or nonprocurement activity if
any agency has debarred, suspended, or otherwise excluded (to
the extent specified in the exclusion agreement) that party
from participation in a procurement or nonprocurement
activity.
(b) Authority To Grant Exception.--The regulations issued
pursuant to subsection (a) shall provide that an agency may
grant an exception permitting a debarred, suspended, or
otherwise excluded party to participate in procurement
activities of that agency to the extent exceptions are
authorized under the Federal Acquisition Regulation, or to
participate in nonprocurement activities of that agency to
the extent exceptions are authorized under regulations issued
pursuant to Executive Order No. 12549.
(c) Definitions.--In this section:
(1) The term ``procurement activities'' means all
acquisition programs and activities of the Federal
Government, as defined in the Federal Acquisition Regulation.
(2) The term ``nonprocurement activities'' means all
programs and activities involving Federal financial and
nonfinancial assistance and benefits, as covered by Executive
Order No. 12549 and the Office of Management and Budget
guidelines implementing that order.
(3) The term ``agency'' means an Executive agency as
defined in section 103 of title 5, United States Code.
TITLE III--SERVICE SPECIFIC AND MAJOR SYSTEMS STATUTES
Subtitle A--Major Systems Statutes
SEC. 3001. WEAPON DEVELOPMENT AND PROCUREMENT SCHEDULES.
(a) Deadline and Purpose.--Subsection (a) of section 2431
of title 10, United States Code, is amended--
(1) in the first sentence--
(A) by striking out ``at the same time'' and inserting in
lieu thereof ``not later than 45 days after''; and
(B) by striking out ``a written report'' and inserting in
lieu thereof ``budget justification documents''; and
(2) in the second and third sentences, by striking out
``report'' and inserting in lieu thereof ``documents''.
(b) Additional Matters To Be Included.--Subsection (b) of
such section is amended--
(1) by striking out ``include--'' and inserting in lieu
thereof ``include each of the following:'';
(2) by capitalizing the first letter of the first word in
each of paragraphs (1), (2), and (3);
(3) by striking out the semicolon at the end of paragraphs
(1) and (2) and inserting in lieu thereof a period;
(4) by striking out ``; and'' at the end of paragraph (3)
and inserting in lieu thereof a period; and
(5) by amending paragraph (4) to read as follows:
``(4)(A) The most efficient production rate, the most
efficient acquisition rate, and the minimum sustaining rate,
consistent with the program priority established for such
weapon system by the Secretary concerned.
``(B) In this paragraph:
``(i) The term `most efficient production rate' means the
maximum rate for each budget year at which the weapon system
can be produced with existing or planned plant capacity and
tooling, with one shift a day running for eight hours a day
and five days a week.
``(ii) The term `minimum sustaining rate' means the
production rate for each budget year that is necessary to
keep production lines open while maintaining a base of
responsive vendors and suppliers.''.
SEC. 3002. SELECTED ACQUISITION REPORT REQUIREMENT.
(a) Definition of Procurement Unit Cost.--(1) Paragraph (2)
of section 2432(a) of title 10, United States Code, is
amended--
(A) in clause (A), by striking out ``for a fiscal year''
and all that follows through ``such program in such fiscal
year'';
(B) in clause (B), by striking out ``with such funds during
such fiscal year.'' and inserting in lieu thereof a period;
and
(C) by striking out the last sentence.
(2) Section 2433 of such title is amended--
(A) in subparagraph (B) of subsection (c)(1), by striking
out ``current'' before ``procurement unit cost'';
(B) in subsection (d), by striking out ``current'' before
``procurement unit cost'' each place it appears; and
(C) in subsection (e), by striking out ``current'' before
``procurement unit cost'' both places it appears.
(b) Exclusion of Firm, Fixed-Price Contracts.--Subsection
(a) of section 2432 of such title is amended in paragraph (3)
by inserting before the period at the end the following:
``and that is not a firm, fixed price contract''.
[[Page 1933]]
(c) Definition of Full Life-Cycle Cost.--Such subsection is
further amended in paragraph (4) by striking out ``has the
meaning'' and all that follows through the end of the
paragraph and inserting in lieu thereof the following:
``means all costs of development, procurement, military
construction, and operations and support, without regard to
funding source or management control.''.
(d) Notice of Proposed Changes in SAR.--Subsection (c) of
such section is amended in paragraph (2) by striking out the
second sentence and inserting in lieu thereof the following:
``Whenever the Secretary of Defense proposes to make changes
in the content of a Selected Acquisition Report, the
Secretary shall submit a notice of the proposed changes to
such committees. The changes shall be considered approved by
the Secretary, and may be incorporated into the report, only
after the end of the 60-day period beginning on the date on
which the notice is received by those committees.''.
(e) Elimination of Certain SAR Requirements.--Such
subsection is further amended in paragraph (3) by striking
out subparagraph (C).
(f) Uniform Implementation of Life-Cycle Cost Analysis.--
Such subsection is further amended--
(1) by striking out paragraph (5); and
(2) by adding at the end of subparagraph (A) of paragraph
(3) the following: ``The Secretary of Defense shall ensure
that this subparagraph is implemented in a uniform manner, to
the extent practicable, throughout the Department of
Defense.''.
(g) Elimination of Preliminary Report.--Subsection (f) of
such section is amended by striking out the second sentence.
(h) Terminology Corrections.--Such section is further
amended as follows:
(1) Subsection (b)(3)(A) is amended by striking out ``full
scale development or'' in clause (i).
(2) Subsection (c)(3) is amended by striking out ``full-
scale engineering'' in subparagraph (A) and inserting in lieu
thereof ``engineering and manufacturing''.
(3) Subsection (h)(1) is amended by striking out ``full-
scale engineering'' both places it appears and inserting in
lieu thereof ``engineering and manufacturing''.
SEC. 3003. UNIT COST REPORT REQUIREMENT.
(a) Revision of Baseline Report Definitions.--(1) Section
2433(a) of title 10, United States Code, is amended--
(A) in paragraph (2)--
(i) by striking out ``Baseline Selected Acquisition
Report'' and inserting in lieu thereof ``Baseline Estimate'';
and
(ii) by striking out ``Selected Acquisition Report in
which'' and all that follows through the end of the paragraph
and inserting in lieu thereof ``cost estimate included in the
baseline description for the program under section 2435 of
this title.''; and
(B) by striking out paragraph (4).
(2) Section 2433 of such title is further amended--
(A) in subsection (c)(1), by striking out ``Baseline
Report'' in subparagraphs (A) and (B) and inserting in lieu
thereof ``Baseline Estimate''; and
(B) in subsection (d), by striking out ``Baseline Report''
in paragraphs (1) and (2) and inserting in lieu thereof
``Baseline Estimate''.
(b) Contents of Unit Cost Report.--Section 2433(b) of such
title is amended in paragraph (3) by striking out ``Baseline
Report was submitted.'' and inserting in lieu thereof
``contract was entered into.''.
(c) Elimination of Certain Unit Cost Report Requirement.--
Section 2433(c) of such title, as amended by subsection (a),
is further amended--
(1) by striking out paragraph (2);
(2) by striking out ``(1)'' after ``(c)''; and
(3) by redesignating subparagraphs (A), (B), and (C) as
paragraphs (1), (2), and (3), respectively.
(d) Constant Base Year Dollars.--Section 2433(f) of such
title is amended by striking out ``include expected
inflation'' and inserting in lieu thereof ``be stated in
terms of constant base year dollars (as described in section
2430 of this title)''.
(e) Contents of SAR.--Subparagraph (I) of section
2433(g)(1) of such title is amended to read as follows:
``(I) The type of the Baseline Estimate that was included
in the baseline description under section 2435 of this title
and the date of the Baseline Estimate.''.
SEC. 3004. REQUIREMENT FOR INDEPENDENT COST ESTIMATE AND
MANPOWER ESTIMATE BEFORE DEVELOPMENT OR
PRODUCTION.
(a) Content and Submission of Estimates.--Subsection (b) of
section 2434 of title 10, United States Code, is amended to
read as follows:
``(b) Regulations.--The Secretary of Defense shall
prescribe regulations governing the content and submission of
the estimates required by subsection (a). The regulations
shall require--
``(1) that the independent estimate of the full life-cycle
cost of a program--
``(A) be prepared by an office or other entity that is not
under the supervision, direction, or control of the military
department, Defense Agency, or other component of the
Department of Defense that is directly responsible for
carrying out the development or acquisition of the program;
and
``(B) include all costs of development, procurement,
military construction, and operations and support, without
regard to funding source or management control; and
``(2) that the manpower estimate include an estimate of the
total number of personnel required--
``(A) to operate, maintain, and support the program upon
full operational deployment; and
``(B) to train personnel to carry out the activities
referred to in subparagraph (A).''.
(b) Terminology Correction, Etc.--Subsection (a) of such
section is amended--
(1) by striking out ``full-scale engineering development''
and inserting in lieu thereof ``engineering and manufacturing
development''; and
(2) by striking out ``cost of the program, together with a
manpower estimate, has'' and inserting in lieu thereof ``full
life-cycle cost of the program and a manpower estimate for
the program have''.
SEC. 3005. BASELINE DESCRIPTION.
(a) In General.--Section 2435 of title 10, United States
Code, is amended to read as follows:
``Sec. 2435. Baseline description
``(a) Baseline Description Requirement.--(1) The Secretary
of a military department shall establish a baseline
description for each major defense acquisition program under
the jurisdiction of such Secretary.
``(2) The baseline shall include sufficient parameters to
describe the cost estimate (referred to as the `Baseline
Estimate' in section 2433 of this title), schedule,
performance, support ability, and any other factor of such
major defense acquisition program.
``(b) Funding Limit.--No amount appropriated or otherwise
made available to the Department of Defense for carrying out
a major defense acquisition program may be obligated after
the program enters engineering and manufacturing development
without an approved baseline description unless such
obligation is specifically approved by the Under Secretary of
Defense for Acquisition and Technology.
``(c) Schedule.--A baseline description for a major defense
acquisition program shall be prepared under this section--
``(1) before the program enters demonstration and
validation;
``(2) before the program enters engineering and
manufacturing development; and
``(3) before the program enters production and deployment.
``(d) Regulations.--The Secretary of Defense shall
prescribe regulations governing the following:
``(1) The content of baseline descriptions under this
section.
``(2) The submission to the Secretary of the military
department concerned and the Under Secretary of Defense for
Acquisition and Technology by the program manager for a
program for which there is an approved baseline description
under this section of reports of deviations from the baseline
of the cost, schedule, performance, supportability, or any
other factor of the program.
``(3) Procedures for review of such deviation reports
within the Department of Defense.
``(4) Procedures for submission to, and approval by, the
Secretary of Defense of revised baseline descriptions.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 144 of such title is amended by amending
the item relating to section 2435 to read as follows:
``2435. Baseline description.''.
SEC. 3006. REPEAL OF REQUIREMENT FOR COMPETITIVE PROTOTYPING
FOR MAJOR PROGRAMS.
(a) Repeal.--Section 2438 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 144 of such title is amended by striking
out the item relating to section 2438.
SEC. 3007. REPEAL OF REQUIREMENT FOR COMPETITIVE ALTERNATIVE
SOURCES FOR MAJOR PROGRAMS.
(a) Repeal.--Section 2439 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 144 of such title is amended by striking
out the item relating to section 2439.
Subtitle B--Testing Statutes
SEC. 3011. AUTHORITY OF DIRECTOR OF OPERATIONAL TEST AND
EVALUATION TO COMMUNICATE VIEWS DIRECTLY TO
SECRETARY OF DEFENSE.
Section 139(c) of title 10, United States Code, is amended
by inserting after ``(c)'' the following: ``The Director may
communicate views on matters within the responsibility of the
Director directly to the Secretary of Defense and the Deputy
Secretary of Defense without obtaining the approval or
concurrence of any other official within the Department of
Defense.''.
SEC. 3012. RESPONSIBILITY OF DIRECTOR OF OPERATIONAL TEST AND
EVALUATION FOR LIVE FIRE TESTING.
(a) Oversight of Live Fire Testing.--Subsection (b) of
section 139 of title 10, United States Code, is amended--
(1) by striking out ``and'' at the end of paragraph (4);
(2) by striking out the period at the end of paragraph (5)
and inserting in lieu thereof ``; and''; and
(3) by adding at the end the following new paragraph:
``(6) monitor and review the live fire testing activities
of the Department of Defense provided for under section 2366
of this title.''.
(b) Annual Report on Live Fire Testing.--Subsection (f) of
such section is amended by inserting ``(including live fire
testing activities)'' in the first sentence after
``operational test and evaluation activities''.
[[Page 1934]]
SEC. 3013. REQUIREMENT FOR UNCLASSIFIED VERSION OF ANNUAL
REPORT ON OPERATIONAL TEST AND EVALUATION.
Section 139(f) of title 10, United States Code, is amended
by inserting after the second sentence the following new
sentence: ``If the Director submits the report to Congress in
a classified form, the Director shall concurrently submit an
unclassified version of the report to Congress.''.
SEC. 3014. SURVIVABILITY AND LETHALITY TESTING.
(a) In General.--Section 2366(c) of title 10, United States
Code, is amended--
(1) by redesignating paragraph (2) as paragraph (4);
(2) by designating the second sentence of paragraph (1) as
paragraph (3) and in that paragraph by striking out ``such
certification'' and inserting in lieu thereof ``certification
under paragraph (1) or (2)''; and
(3) by inserting before paragraph (3) (as so designated)
the following new paragraph:
``(2) In the case of a covered system (or covered product
improvement program for a covered system), the Secretary may
waive the application of the survivability and lethality
tests of this section to such system or program and instead
allow testing of the system or program in combat by firing
munitions likely to be encountered in combat at components,
subsystems, and subassemblies, together with performing
design analyses, modeling and simulation, and analysis of
combat data. Such alternative testing may not be carried out
in the case of any covered system (or covered product
improvement program for a covered system) unless the
Secretary certifies to Congress, before the system or program
enters engineering and manufacturing development, that the
survivability and lethality testing of such system or program
otherwise required by this section would be unreasonably
expensive and impracticable.''.
(b) Terminology Correction.--Section 2366(c)(1) of such
title is amended by striking out ``full-scale engineering
development'' in the first sentence and inserting in lieu
thereof ``engineering and manufacturing development''.
SEC. 3015. LIMITATION ON QUANTITIES TO BE PROCURED FOR LOW-
RATE INITIAL PRODUCTION.
Section 2400(a) of title 10, United States Code, is
amended--
(1) in paragraph (2)--
(A) by striking out ``paragraph (1)'' and inserting in lieu
thereof ``this section''; and
(B) by striking out ``full-scale engineering development''
and inserting in lieu thereof ``engineering and manufacturing
development'';
(2) by redesignating paragraph (4) as paragraph (5) and in
that paragraph by inserting after the first sentence the
following: ``If the quantity exceeds 10 percent of the total
number of articles to be produced, as determined at the
milestone II decision with respect to that system, the
Secretary shall include in the statement the reasons for such
quantity.''; and
(3) by inserting after paragraph (3) the following new
paragraph (4):
``(4) The quantity of articles of a major system that may
be procured for low-rate initial production may not be less
than one operationally configured production unit unless
another quantity is established at the milestone II
decision.''.
Subtitle C--Service Specific Laws
SEC. 3021. GRATUITOUS SERVICES OF OFFICERS OF CERTAIN RESERVE
COMPONENTS.
(a) Acceptance by Secretary of Defense.--Section 10212 of
title 10, United States Code, is amended--
(1) by designating the text as subsection (b); and
(2) by inserting before such subsection the following new
subsection:
``(a) Notwithstanding section 1342 of title 31, the
Secretary of Defense may accept the gratuitous services of an
officer of a reserve component (other than an officer of the
Army National Guard of the United States or the Air National
Guard of the United States) in consultation upon matters
relating to the armed forces.''.
(b) Effective Date.--Notwithstanding section 10001, the
amendments made by subsection (a) shall take effect on
December 1, 1994, immediately after the amendments made by
the Reserve Officer Personnel Management Act.
SEC. 3022. AUTHORITY TO RENT SAMPLES, DRAWINGS, AND OTHER
INFORMATION TO OTHERS.
Susection (a) of section 2539b of title 10, United States
Code, as redesignated by section 1070(a)(13)(A) of the
National Defense Authorization Act for Fiscal Year 1995, is
amended by inserting ``rent,'' after ``sell,'' each place it
appears in paragraphs (1) and (2).
SEC. 3023. REPEAL OF APPLICATION OF PUBLIC CONTRACTS ACT TO
CERTAIN NAVAL VESSEL CONTRACTS.
(a) Repeal.--Section 7299 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 633 of such title is amended by striking
out the item relating to section 7299.
SEC. 3024. REPEAL OF REQUIREMENT FOR CONSTRUCTION OF VESSELS
ON PACIFIC COAST.
(a) Repeal.--Section 7302 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 633 of such title is amended by striking
out the item relating to section 7302.
SEC. 3025. SCIENTIFIC INVESTIGATION AND RESEARCH FOR THE
NAVY.
(a) Repeal.--Section 7203 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 631 of such title is amended by striking
out the item relating to section 7203.
Subtitle D--Civil Reserve Air Fleet
SEC. 3031. DEFINITIONS.
(a) Contractor Defined.--Section 9511(8) of title 10,
United States Code, is amended--
(1) in clause (A)--
(A) by inserting ``under section 9512 of this title'' after
``and who contracts with the Secretary''; and
(B) by striking out ``or'' at the end; and
(2) by inserting before the period at the end the
following: ``, or (C) who owns or controls, or will own or
control, new or existing aircraft and who, by contract,
commits some or all of such aircraft to the Civil Reserve Air
Fleet''.
(b) Other Definitions.--Section 9511 of such title is
further amended--
(1) in paragraph (1)--
(A) by inserting `` `civil aircraft','' before ``
`person','';
(B) by striking out ``meaning'' and inserting in lieu
thereof ``meanings''; and
(C) by striking out ``section 101 of the Federal Aviation
Act of 1958 (49 U.S.C. 1301)'' and inserting in lieu thereof
``section 40102 of title 49'';
(2) by striking out paragraph (6);
(3) by redesignating paragraphs (7), (8), (9), (10), (11),
and (12) as paragraphs (6), (7), (8), (9), (10), and (11),
respectively; and
(4) in paragraph (11), as so redesignated--
(A) by striking out ``interoperability'' and inserting in
lieu thereof ``compatibility''; and
(B) by inserting ``an aeromedical aircraft or'' before ``a
cargo-convertible,''.
(c) Technical Correction.--Such section is amended by
striking out ``In this subchapter:'' and inserting in lieu
thereof ``In this chapter:''.
SEC. 3032. CONSOLIDATION OF PROVISIONS RELATING TO
CONTRACTUAL COMMITMENT OF AIRCRAFT.
Chapter 931 of title 10, United States Code, is amended--
(1) in subsection (a) of section 9512, by inserting
``Authority to Contract.--'' after ``(a)'';
(2) in subsection (c) of section 9512, by striking out
``(c)'' and inserting in lieu thereof ``(d) Authority To
Contract and Pay Directly.--'';
(3) in subsection (b) of section 9512, by striking out
``(b)'' and inserting in lieu thereof ``(c) Terms and
Required Repayment.--'';
(4) by redesignating subsection (a) of section 9513 as
subsection (b), transferring such subsection (as so
redesignated) to section 9512, and inserting such subsection
after subsection (a);
(5) by redesignating subsection (b) of section 9513 as
subsection (e) and transferring such subsection (as so
redesignated) to the end of section 9512;
(6) in subsection (b) of section 9512, as redesignated and
transferred to such section by paragraph (4)--
(A) by striking out ``under section 9512 of this title''
and inserting in lieu thereof ``entered into under this
section''; and
(B) by inserting ``Commitment to Civil Reserve Air Fleet.--
'' after ``(b)'';
(7) in subsection (c) of section 9512, as redesignated by
paragraph (3), by striking out ``the terms required by
section 9513 of this title and'';
(8) in subsection (e) of section 9512, as redesignated and
transferred to such section by paragraph (5)--
(A) by striking out ``under section 9512 of this title''
and inserting in lieu thereof ``entered into under this
section''; and
(B) by inserting ``Exclusivity of Commitment to Civil
Reserve Air Fleet.--'' after ``(e)''; and
(9) by striking out the heading of section 9513.
SEC. 3033. USE OF MILITARY INSTALLATIONS BY CONTRACTORS.
(a) Authority.--Chapter 931 of title 10, United States
Code, as amended by section 3022, is further amended by
adding at the end the following new section 9513:
``Sec. 9513. Use of military installations by Civil Reserve
Air Fleet contractors
``(a) Contract Authority.--(1) The Secretary of the Air
Force--
``(A) may, by contract entered into with any contractor,
authorize such contractor to use one or more Air Force
installations designated by the Secretary; and
``(B) with the consent of the Secretary of another military
department, may, by contract entered into with any
contractor, authorize the contractor to use one or more
installations, designated by the Secretary of the Air Force,
that is under the jurisdiction of the Secretary of such other
military department.
``(2) The Secretary of the Air Force may include in the
contract such terms and conditions as the Secretary
determines appropriate to promote the national defense or to
protect the interests of the United States.
``(b) Purposes of Use.--A contract entered into under
subsection (a) may authorize use of a designated installation
as a weather alternate, as a technical stop not involving the
enplaning or deplaning of passengers or cargo, or, in the
case of an installation within the United States, for other
commercial
[[Page 1935]]
purposes. Notwithstanding any other provision of the law, the
Secretary may establish different levels and types of uses
for different installations for commercial operations not
required by the Department of Defense and may provide in
contracts under subsection (a) for different levels and types
of uses by different contractors.
``(c) Disposition of Payments for Use.--Notwithstanding any
other provision of law, amounts collected from the contractor
for landing fees, services, supplies, or other charges
authorized to be collected under the contract shall be
credited to the appropriations of the armed forces having
jurisdiction over the military installation to which the
contract pertains. Amounts so credited to an appropriation
shall be available for obligation for the same period as the
appropriation to which credited.
``(d) Hold Harmless Requirement.--A contract entered into
under subsection (a) shall provide that the contractor agrees
to indemnify and hold harmless the United States from any
action, suit, or claim of any sort resulting from, relating
to, or arising out of any activities conducted, or services
or supplies furnished, in connection with the contract.
``(e) Reservation of Right To Exclude Contractor.--A
contract entered into under subsection (a) shall provide that
the Secretary concerned may, without providing prior notice,
deny access to an installation designated under the contract
when the Secretary determines that it is necessary to do so
in order to meet military exigencies.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by striking out the item
relating to section 9513 and inserting in lieu thereof the
following:
``9513. Use of military installations by Civil Reserve Air Fleet
contractors.''.
Subtitle E--Miscellaneous
SEC. 3061. REGULATIONS ON PROCUREMENT, PRODUCTION,
WAREHOUSING, AND SUPPLY DISTRIBUTION FUNCTIONS.
(a) In General.--Section 2202 of title 10, United States
Code, is amended to read as follows:
``Sec. 2202. Regulations on procurement, production,
warehousing, and supply distribution functions
``The Secretary of Defense shall prescribe regulations
governing the performance within the Department of Defense of
the procurement, production, warehousing, and supply
distribution functions, and related functions, of the
Department of Defense.''.
(b) Clerical Amendment.--The item relating to section 2202
in the table of sections at the beginning of chapter 131 of
such title is amended to read as follows:
``2202. Regulations on procurement, production, warehousing, and supply
distribution functions.''.
SEC. 3062. REPEAL OF REQUIREMENTS REGARDING PRODUCT
EVALUATION ACTIVITIES.
(a) Repeal.--Section 2369 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 139 of such title is amended by striking
out the item related to section 2369.
SEC. 3063. DEPARTMENT OF DEFENSE ACQUISITION OF INTELLECTUAL
PROPERTY RIGHTS.
Section 2386 of title 10, United States Code, is amended by
striking out paragraphs (3) and (4) and inserting in lieu
thereof the following:
``(3) Technical data and computer software.
``(4) Releases for past infringement of patents or
copyrights or for unauthorized use of technical data or
computer software.''.
SEC. 3064. LIQUID FUELS AND NATURAL GAS: CONTRACTS FOR
STORAGE, HANDLING, OR DISTRIBUTION.
Section 2388(a) of title 10, United States Code, is amended
by striking out ``liquid fuels and natural gas'' and
inserting in lieu thereof ``liquid fuels or natural gas''.
SEC. 3065. CODIFICATION AND REVISION OF LIMITATION ON LEASE
OF VESSELS, AIRCRAFT, AND VEHICLES.
(a) Limitation.--(1) Chapter 141 of title 10, United States
Code, is amended by inserting after section 2401 the
following new section:
``Sec. 2401a. Lease of vessels, aircraft, and vehicles
``The Secretary of Defense or the Secretary of a military
department may not enter into any contract with a term of 18
months or more, or extend or renew any contract for a term of
18 months or more, for any vessel, aircraft, or vehicle,
through a lease, charter, or similar agreement, unless the
Secretary has considered all costs of such contract
(including estimated termination liability) and has
determined in writing that the contract is in the best
interest of the Government.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
2401 the following new item:
``2401a. Lease of vessels, aircraft, and vehicles.''.
(b) Repeal of Superseded Provision.--Section 9081 of Public
Law 101-165 (103 Stat. 1147; 10 U.S.C. 2401 note) is
repealed.
SEC. 3066. SOFT DRINK SUPPLIES.
Section 2424 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(c) Paragraphs (1) and (2) of subsection (b) do not apply
to contracts for the procurement of soft drinks that are
manufactured in the United States. The Secretary of Defense
shall prescribe in regulations the standards and procedures
for determining whether a particular drink is a soft drink
and whether the drink was manufactured in the United
States.''.
SEC. 3067. DISBURSEMENT OF FUNDS OF MILITARY DEPARTMENT TO
COVER OBLIGATIONS OF ANOTHER AGENCY OF
DEPARTMENT OF DEFENSE.
Subsection (c)(2) of section 3321 of title 31, United
States Code, is amended by striking out ``military
departments of the'' and inserting in lieu thereof ``The''.
TITLE IV--SIMPLIFIED ACQUISITION THRESHOLD
Subtitle A--Establishment of Threshold
SEC. 4001. SIMPLIFIED ACQUISITION THRESHOLD DEFINED.
Section 4(11) of the Office of Federal Procurement Policy
Act (41 U.S.C. 403(11)) is amended to read as follows:
``(11) The term `simplified acquisition threshold' means
$100,000.''.
SEC. 4002. ESTABLISHMENT OF SIMPLIFIED ACQUISITION THRESHOLD
FOR ARMED SERVICES.
(a) Establishment in Title 10.--Chapter 137 of title 10,
United States Code, is amended by inserting after section
2302 the following new sections:
``Sec. 2302a. Simplified acquisition threshold
``(a) Simplified Acquisition Threshold.--For purposes of
acquisitions by agencies named in section 2303 of this title,
the simplified acquisition threshold is as specified in
section 4(11) of the Office of Federal Procurement Policy
Act.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2302 the following new item:
``2302a. Simplified acquisition threshold.''.
SEC. 4003. ESTABLISHMENT OF SIMPLIFIED ACQUISITION THRESHOLD
FOR CIVILIAN AGENCIES.
Title III of the Federal Property and Administrative
Services Act of 1949 is amended by inserting after section
302 the following new section:
``SEC. 302A. SIMPLIFIED ACQUISITION THRESHOLD.
``(a) Simplified Acquisition Threshold.--For purposes of
acquisitions by executive agencies, the simplified
acquisition threshold is as specified in section 4(11) of the
Office of Federal Procurement Policy Act.''.
SEC. 4004. SMALL BUSINESS RESERVATION.
Section 15(j) of the Small Business Act (15 U.S.C. 644(j))
is amended to read as follows:
``(j)(1) Each contract for the purchase of goods and
services that has an anticipated value greater than $2,500
but not greater than $100,000 shall be reserved exclusively
for small business concerns unless the contracting officer is
unable to obtain offers from two or more small business
concerns that are competitive with market prices and are
competitive with regard to the quality and delivery of the
goods or services being purchased.
``(2) In carrying out paragraph (1), a contracting officer
shall consider a responsive offer timely received from an
eligible small business offeror.
``(3) Nothing in paragraph (1) shall be construed as
precluding an award of a contract with a value not greater
than $100,000 under the authority of subsection (a) of
section 8 of this Act, section 2323 of title 10, United
States Code, section 712 of the Business Opportunity
Development Reform Act of 1988 (Public Law 100-656; 15 U.S.C.
644 note), or section 7102 of the Federal Acquisition
Streamlining Act of 1994.''.
Subtitle B--Inapplicability of Laws to Acquisitions at or Below the
Simplified Acquisition Threshold
SEC. 4101. LIST OF INAPPLICABLE LAWS IN FEDERAL ACQUISITION
REGULATION.
The Office of Federal Procurement Policy Act (41 U.S.C. 401
et seq.) is amended by adding at the end the following new
section:
``SEC. 33. LIST OF LAWS INAPPLICABLE TO CONTRACTS NOT GREATER
THAN THE SIMPLIFIED ACQUISITION THRESHOLD IN
FEDERAL ACQUISITION REGULATION.
``(a) List of Inapplicable Provisions of Law.--(1) The
Federal Acquisition Regulation shall include a list of
provisions of law that are inapplicable to contracts or
subcontracts in amounts not greater than the simplified
acquisition threshold. A provision of law that is properly
included on the list pursuant to paragraph (2) may not be
construed as applicable to such contracts or subcontracts (as
the case may be) by an executive agency. Nothing in this
section shall be construed to render inapplicable to
contracts and subcontracts in amounts not greater than the
simplified acquisition threshold any provision of law that is
not included on such list.
``(2) A provision of law described in subsection (c) that
is enacted after the date of the enactment of the Federal
Acquisition Streamlining Act of 1994 shall be included on the
list of inapplicable provisions of law required by paragraph
(1), unless the Federal Acquisition Regulatory Council makes
a written determination that it would not be in the best
interest of the Federal Government to exempt contracts or
subcontracts in amounts not greater than the simplified
acquisition threshold from the applicability of the
provision.
``(b) Covered Law.--A provision of law referred to in
subsection (a) is any provision of law that, as determined by
the Federal Acquisition Regulatory Council, sets forth
policies, procedures, requirements, or restric-
[[Page 1936]]
tions for the procurement of property or services by the
Federal Government, except for a provision of law that--
``(1) provides for criminal or civil penalties; or
``(2) specifically refers to this section and provides
that, notwithstanding this section, it shall be applicable to
contracts or subcontracts in amounts not greater than the
simplified acquisition threshold.
``(c) Petition.--In the event that a provision of law
described in subsection (b) is not included on the list of
inapplicable provisions of law as required by subsection (a),
and no written determination has been made by the Federal
Acquisition Regulatory Council pursuant to subsection (a)(2),
a person may petition the Administrator for Federal
Procurement Policy to take appropriate action. The
Administrator shall revise the Federal Acquisition Regulation
to include the provision on the list of inapplicable
provisions of law unless the Federal Acquisition Regulatory
Council makes a determination pursuant to subsection (a)(2)
within 60 days after the date on which the petition is
received.''.
SEC. 4102. ARMED SERVICES ACQUISITIONS.
(a) List of Inapplicable Laws in FAR.--Section 2302a of
title 10, United States Code, as added by section 4002, is
amended by adding at the end the following:
``(b) Inapplicable Laws.--No law properly listed in the
Federal Acquisition Regulation pursuant to section 33 of the
Office of Federal Procurement Policy Act shall apply to or
with respect to a contract or subcontract that is not greater
than the simplified acquisition threshold.''.
(b) Inapplicability of Requirement for Contract Clause
Regarding Contingent Fees.--Section 2306(b) of title 10,
United States Code, is amended by adding at the end the
following: ``This subsection does not apply to a contract
that is for an amount not greater than the simplified
acquisition threshold.''.
(c) Inapplicability of Authority To Examine Books and
Records of Contractors.--Section 2313 of title 10, United
States Code, as amended by section 2201, is further amended
by adding at the end of subsection (f) the following:
``(2) A contract or subcontract that is for an amount not
greater than the simplified acquisition threshold.''.
(d) Inapplicability of Requirement To Identify Suppliers
and Sources of Supplies.--Section 2384(b) of title 10, United
States Code, is amended by adding at the end the following
new paragraph:
``(3) The regulations prescribed pursuant to paragraph (1)
do not apply to a contract for an amount not greater than the
simplified acquisition threshold (as defined in section 4(11)
of the Office of Federal Procurement Policy Act (41 U.S.C.
403(11)).''.
(e) Inapplicability of Prohibition Against Doing Business
with Certain Offerors or Contractors.--Section 2393(d) of
title 10, United States Code, is amended in the second
sentence by striking out ``above'' and all that follows and
inserting in lieu thereof ``greater than the simplified
acquisition threshold (as defined in section 4(11) of the
Office of Federal Procurement Policy Act (41 U.S.C.
403(11))).''.
(f) Inapplicability of Prohibition on Limiting
Subcontractor Direct Sales to the United States.--Section
2402 of title 10, United States Code, is amended by adding at
the end the following new subsection:
``(c) This section does not apply to a contract that is for
an amount not greater than the simplified acquisition
threshold (as defined in section 4(11) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(11))).''.
(g) Inapplicability of Prohibition on Persons Convicted of
Defense-Related Felonies.--Section 2408(a) of title 10,
United States Code, is amended by adding at the end the
following new paragraph:
``(4) The prohibition in paragraph (1) does not apply with
respect to the following:
``(A) A contract referred to in subparagraph (A), (B), (C),
or (D) of such paragraph that is not greater than the
simplified acquisition threshold (as defined in section 4(11)
of the Office of Federal Procurement Policy Act (41 U.S.C.
403(11))).
``(C) A subcontract referred to in such subparagraph that
is under a contract described in subparagraph (A).''.
(h) Inapplicability of Contractor Inventory Accounting
System Standards.--Section 2410b of title 10, United States
Code, is amended--
(1) by inserting ``(a)'' before ``The Secretary''; and
(2) by adding at the end the following:
``(b) The regulations prescribed pursuant to subsection (a)
shall not apply to a contract that is for an amount not
greater than the simplified acquisition threshold.''.
(i) Inapplicability of Miscellaneous Procurement
Limitations.--Section 2534 of title 10, United States Code,
is amended by adding at the end the following:
``(g) Inapplicability to Contracts under Simplified
Acquisition Threshold.--This section does not apply to a
contract or subcontract for an amount that does not exceed
the simplified acquisition threshold.''.
SEC. 4103. CIVILIAN AGENCY ACQUISITIONS.
(a) List of Inapplicable Laws in FAR.--Section 302A of the
Federal Property and Administrative Services Act of 1949, as
added by section 4003, is amended by adding at the end the
following:
``(b) Inapplicable Laws.--No law properly listed in the
Federal Acquisition Regulation pursuant to section 33 of the
Office of Federal Procurement Policy Act shall apply to or
with respect to a contract or subcontract that is not greater
than the simplified acquisition threshold.''.
(b) Inapplicability of Prohibition on Limiting
Subcontractor Direct Sales to the United States.--Section
303G of the Federal Property and Administrative Services Act
of 1949 (41 U.S.C. 253g) is amended by adding at the end the
following new subsection:
``(c) This section does not apply to a contract for an
amount that is not greater than the simplified acquisition
threshold.''.
(c) Inapplicability of Requirement for Contract Clause
Regarding Contingent Fees.--Section 304(a) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
254(a)) is amended by adding at the end the following: ``The
preceding sentence does not apply to a contract for an amount
that is not greater than the simplified acquisition
threshold.''.
(d) Authority To Examine Books and Records of
Contractors.--Section 304C of the Federal Property and
Administrative Services Act of 1949, as added by section
2251(a), is amended by adding at the end of subsection (f)
the following:
``(2) A contract or subcontract that is not greater than
the simplified acquisition threshold.''.
SEC. 4104. ACQUISITIONS GENERALLY.
(a) Requirement for Contract Clause Relating to
Kickbacks.--Section 7 of the Anti-Kickback Act of 1986 (41
U.S.C. 57) is amended by adding at the end the following new
subsections:
``(d) Subsections (a) and (b) do not apply to a prime
contract that is not greater than $100,000.
``(e) Notwithstanding subsection (d), a prime contractor
shall cooperate fully with any Federal Government agency
investigating a violation of section 3.''.
(b) Miller Act.--(1)(A) The Miller Act is amended by adding
at the end the following new section:
``Sec. 5. This Act does not apply to a contract in an
amount that is not greater than $100,000.''.
(B) Subsection (a) of the first section of such Act is
amended by striking out ``, exceeding $25,000 in amount,''.
(2)(A) The Federal Acquisition Regulation shall provide
alternatives to payment bonds as payment protections for
suppliers of labor and materials under contracts referred to
in subparagraph (C).
(B) The contracting officer for a contract shall--
(i) select, from among the payment protections provided for
in the Federal Acquisition Regulation pursuant to
subparagraph (A), one or more payment protections which the
offeror awarded the contract is to submit to the Federal
Government for the protection of suppliers of labor and
materials for such contract; and
(ii) specify in the solicitation of offers for such
contract the payment protection or protections so selected.
(C) The regulations required under subparagraph (A) and the
requirements of subparagraph (B) apply with respect to
contracts referred to in subsection (a) of the first section
of the Miller Act that are greater than $25,000 but not
greater than $100,000.
(c) Contract Work Hours and Safety Standards Act.--(1)
Section 103 of the Contract Work Hours and Safety Standards
Act (40 U.S.C. 329) is amended by adding at the end the
following new subsection:
``(c) This title does not apply to a contract in an amount
that is not greater than $100,000.''.
(2) Section 107(a) of such Act (40 U.S.C. 333(a)) is
amended by inserting after ``It shall be a condition of each
contract'' the following: ``(other than a contract referred
to in section 103(c))''.
(d) Drug-Free Workplace Act of 1988.--Section 5152(a)(1) of
the Drug-Free Workplace Act of 1988 (subtitle D of title V of
the Anti-Drug Abuse Act of 1988; Public Law 100-690; 41
U.S.C. 701(a)(1)) is amended by striking out ``of $25,000 or
more from any Federal agency'' and inserting in lieu thereof
``greater than the simplified acquisition threshold (as
defined in section 4(11) of such Act (41 U.S.C. 403(11))) by
any Federal agency''.
(e) Solid Waste Disposal Act.--Paragraph (3) of section
6002(c) of the Solid Waste Disposal Act (42 U.S.C. 6962(c))
is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) by inserting ``(A)'' after ``(3)''; and
(4) by adding at the end the following new subparagraph:
``(B) Clause (ii) of subparagraph (A) applies only to a
contract in an amount greater than $100,000.''.
Subtitle C--Simplified Acquisition Procedures
SEC. 4201. SIMPLIFIED ACQUISITION PROCEDURES.
(a) Requirement for Simplified Procedures in FAR.--The
Office of Federal Procurement Policy Act (41 U.S.C. 401 et
seq.) is further amended by inserting before section 33, as
added by section 4101, the following new section:
``SEC. 31. SIMPLIFIED ACQUISITION PROCEDURES.
``(a) Requirement.--In order to promote efficiency and
economy in contracting and to avoid unnecessary burdens for
agencies and contractors, the Federal Acquisition Regulation
shall provide for special simplified procedures for contracts
for acquisition of property and services that are not greater
than the simplified acquisition threshold.
``(b) Prohibition on Dividing Purchases.--A proposed
purchase or contract for an amount above the simplified
acquisition threshold may not be divided into several
[[Page 1937]]
purchases or contracts for lesser amounts in order to use the
simplified acquisition procedures required by subsection (a).
``(c) Promotion of Competition Required.--In using
simplified acquisition procedures, the head of an executive
agency shall promote competition to the maximum extent
practicable.
``(d) Consideration of Offers Timely Received.--The
simplified acquisition procedures contained in the Federal
Acquisition Regulation shall include a requirement that a
contracting officer consider each responsive offer timely
received from an eligible offeror.
``(e) Special Rules for Use of Simplified Acquisition
Procedures.--
``(1) Effect of interim facnet capability.--The simplified
acquisition procedures provided in the Federal Acquisition
Regulation pursuant to this section may not be used by a
procuring activity of an agency for contracts in amounts
greater than $50,000 and not greater than the simplified
acquisition threshold until a certification has been made
pursuant to section 30A(a)(1) that the procuring activity has
implemented an interim FACNET capability.
``(2) Effect of full facnet capability.--(A)(i) In the case
of a procuring activity described in clause (ii), the
simplified acquisition procedures provided in the Federal
Acquisition Regulation pursuant to this section may be used
by the activity for contracts in amounts greater than $50,000
and not greater than the simplified acquisition threshold.
``(ii) Clause (i) applies to any procuring activity--
``(I) that has not certified, pursuant to section
30A(a)(1), that it has implemented interim FACNET capability;
and
``(II) that is in an agency that has excluded the procuring
activity from the agency's full FACNET certification under
section 30A(a)(2) on the basis that implementation of full
FACNET capability would not be cost effective or practicable
in that activity.
``(B) The simplified acquisition procedures provided in the
Federal Acquisition Regulation pursuant to this section may
not be used by an agency after December 31, 1999, for
contracts in amounts greater than $50,000 and not greater
than the simplified acquisition threshold until a
certification has been made pursuant to section 30A(a)(2)
that the agency has implemented a full FACNET capability.
``(f) Interim Reporting Rule.--Until October 1, 1999,
procuring activities shall continue to report under section
19(d) procurement awards with a dollar value of at least
$25,000, but less than $100,000, in conformity with the
procedures for the reporting of a contract award greater than
$25,000 that were in effect on October 1, 1992.''.
(b) Opportunity for All Responsible Potential Offerors.--
Subsection (a) of section 18 of such Act is amended by adding
at the end the following:
``(4) An executive agency intending to solicit offers for a
contract for which a notice of solicitation is required to be
posted under paragraph (1)(B) shall ensure that contracting
officers consider each responsive offer timely received from
an offeror.''.
(c) Establishment of Deadline for Submission of Offers.--
Subsection (a) of section 18 of such Act is further amended
by adding after paragraph (4), as added by subsection (b),
the following new paragraph:
``(5) An executive agency shall establish a deadline for
the submission of all bids or proposals in response to a
solicitation with respect to which no such deadline is
provided by statute. Each deadline for the submission of
offers shall afford potential offerors a reasonable
opportunity to respond.''.
SEC. 4202. PROCUREMENT NOTICE.
(a) Continuation of Existing Notice Thresholds.--Subsection
(a) of section 18 of the Office of Federal Procurement Policy
Act (41 U.S.C. 416) is amended--
(1) in paragraph (1), by striking out ``the small purchase
threshold'' each place it appears and inserting in lieu
thereof ``$25,000''; and
(2) in paragraph (3)(B), by inserting after ``(B)'' the
following: ``in the case of a contract or order expected to
be greater than the simplified acquisition threshold,''.
(b) Content of Notice.--Subsection (b) of such section is
amended--
(1) by striking out ``and'' at the end of paragraph (4);
(2) by striking out the period at the end of paragraph (5)
and inserting in lieu thereof a semicolon; and
(3) by adding at the end the following:
``(6) in the case of a contract in an amount estimated to
be greater than $25,000 but not greater than the simplified
acquisition threshold--
``(A) a description of the procedures to be used in
awarding the contract; and
``(B) a statement specifying the periods for prospective
offerors and the contracting officer to take the necessary
preaward and award actions.''.
(c) Notice Not Required for Procurement Made Through
FACNET.--Subsection (c)(1) of such section, as amended by
section 1055(b), is further amended--
(1) by redesignating subparagraphs (A), (B), (C), (D), (E),
and (F) as subparagraphs (C), (D), (E), (F), (G), and (H),
respectively; and
(2) by inserting before subparagraph (C), as so
redesignated, the following new subparagraphs:
``(A) the proposed procurement is for an amount not greater
than the simplified acquisition threshold and is to be made
through a system with interim FACNET capability certified
pursuant to section 30A(a)(1) or with full FACNET capability
certified pursuant to section 30A(a)(2);
``(B)(i) the proposed procurement is for an amount not
greater than $250,000 and is to be made through a system with
full FACNET capability certified pursuant to section
30A(a)(2); and
``(ii) a certification has been made pursuant to section
30A(b) that Government-wide FACNET capability has been
implemented;''.
(d) Notice Under the Small Business Act.--
(1) Continuation of existing notice thresholds.--Subsection
(e) of section 8 of the Small Business Act (15 U.S.C. 637) is
amended--
(A) in paragraph (1), by striking out ``the small purchase
threshold'' each place it appears and inserting in lieu
thereof ``$25,000''; and
(B) in paragraph (3)(B), by inserting after ``(B)'' the
following: ``in the case of a contract or order estimated to
be greater than the simplified acquisition threshold,''.
(2) Content of notice.--Subsection (f) of such section is
amended--
(A) by striking out ``and'' at the end of paragraph (4);
(B) by striking out the period at the end of paragraph (5)
and inserting in lieu thereof a semicolon; and
(C) by adding at the end the following:
``(6) in the case of a contract in an amount estimated to
be greater than $25,000 but not greater than the simplified
acquisition threshold--
``(A) a description of the procedures to be used in
awarding the contract; and
``(B) a statement specifying the periods for prospective
offerors and the contracting officer to take the necessary
preaward and award actions.''.
(3) Notice not required for procurement made through
facnet.--Subsection (g)(1) of such section is amended--
(A) by redesignating subparagraphs (A), (B), (C), (D), (E),
and (F) as subparagraphs (C), (D), (E), (F), (G), and (H),
respectively; and
(B) by inserting before subparagraph (C), as so
redesignated, the following new subparagraphs:
``(A) the proposed procurement is for an amount not greater
than the simplified acquisition threshold and is to be made
through a system with interim FACNET capability certified
pursuant to section 30A(a)(1) of the Office of Federal
Procurement Policy Act or with full FACNET capability
certified pursuant to section 30A(a)(2) of such Act;
``(B)(i) the proposed procurement is for an amount not
greater than $250,000 and is to be made through a system with
full FACNET capability certified pursuant to section
30A(a)(2) of the Office of Federal Procurement Policy Act;
and
``(ii) a certification has been made pursuant to section
30A(b) of such Act that Government-wide FACNET capability has
been implemented;''.
SEC. 4203. IMPLEMENTATION OF SIMPLIFIED ACQUISITION
PROCEDURES.
(a) Implementation in Title 10.--(1) Chapter 137 of title
10, United States Code, is amended by inserting after section
2302a, as added by section 4002(a), the following new
section:
``Sec. 2302b. Implementation of simplified acquisition
procedures
``The simplified acquisition procedures contained in the
Federal Acquisition Regulation pursuant to section 31 of the
Office of Federal Procurement Policy Act shall apply as
provided in such section to the agencies named in section
2303(a) of this title.''.
(2) The table of sections at the beginning of chapter 137
of such title is amended by inserting after the item relating
to section 2302a, as added by section 4002(b), the following
new item:
``2302b. Implementation of simplified acquisition procedures.''.
(b) Implementation in Civilian Agencies.--Title III of the
Federal Property and Administrative Services Act of 1949 is
amended by inserting after section 302A, as added by section
4003 and amended by section 4103, the following new section:
``SEC. 302B. IMPLEMENTATION OF SIMPLIFIED ACQUISITION
PROCEDURES.
``The simplified acquisition procedures contained in the
Federal Acquisition Regulation pursuant to section 31 of the
Office of Federal Procurement Policy Act shall apply in
executive agencies as provided in such section.''.
Subtitle D--Micro-Purchase Procedures
SEC. 4301. PROCEDURES FOR PURCHASES BELOW MICRO-PURCHASE
THRESHOLD.
(a) Procedures.--The Office of Federal Procurement Policy
Act (41 U.S.C. 401 et seq.) is amended by adding after
section 31, as added by section 4201, the following new
section:
``SEC. 32. PROCEDURES APPLICABLE TO PURCHASES BELOW MICRO-
PURCHASE THRESHOLD.
``(a) Requirements.--(1) The head of each executive agency
shall ensure that procuring activities of that agency, in
awarding a contract with a price exceeding the micro-purchase
threshold, comply with the requirements of section 8(a) of
the Small Business Act (15 U.S.C. 637(a)), section 2323 of
title 10, United States Code, and section 7102 of the Federal
Acquisition Streamlining Act of 1994.
``(2) The authority under part 13.106(a)(1) of the Federal
Acquisition Regulation (48
[[Page 1938]]
C.F.R. 13.106(a)(1)), as in effect on November 18, 1993, to
make purchases without securing competitive quotations does
not apply to any purchases with a price exceeding the micro-
purchase threshold.
``(b) Exclusion for Micro-Purchases.--A purchase by an
executive agency with an anticipated value of the micro-
purchase threshold or less is not subject to section 15(j) of
the Small Business Act (15 U.S.C. 644(j)) and the Buy
American Act (41 U.S.C. 10a-10c).
``(c) Applicability of Certain Provisions.--For purposes of
section 27, an officer or employee of an executive agency, or
a member of the Armed Forces of the United States, shall not
be considered a procurement official if--
``(1) the contracting authority of the officer, employee,
or member does not exceed $2,500; and
``(2) the head of the contracting activity concerned (or a
designee of the head of the contracting activity concerned)
determines that the duties of the position of that officer,
employee, or member are such that is it unlikely that the
officer, employee, or member will be required to conduct
procurements in a total amount greater than $20,000 in any
12-month period.
``(d) Purchases Without Competitive Quotations.--A purchase
not greater than $2,500 may be made without obtaining
competitive quotations if the contracting officer determines
that the price for the purchase is reasonable.
``(e) Equitable Distribution.--Purchases not greater than
$2,500 shall be distributed equitably among qualified
suppliers.
``(f) Implementation Through FAR.--This section shall be
implemented through the Federal Acquisition Regulation.
``(g) Micro-Purchase Threshold Defined.--For purposes of
this section, the micro-purchase threshold is the amount of
$2,500.''.
(b) Exception To Buy American Act for Micro-Purchases.--
Section 2 of the Buy American Act (41 U.S.C. 10a) is amended
by adding at the end the following: ``This section shall not
apply to manufactured articles, materials, or supplies
procured under any contract the award value of which is less
than or equal to the micro-purchase threshold under section
32 of the Office of Federal Procurement Policy Act.''.
(c) Effective Date.--Notwithstanding any other provision of
law--
(1) section 32 of the Office of Federal Procurement Policy
Act, as added by subsection (a); and
(2) the amendment made by subsection (b);
shall take effect on the date of the enactment of this Act
and shall be implemented in the Federal Acquisition
Regulation not later than 60 days after such date of
enactment.
Subtitle E--Conforming Amendments
SEC. 4401. ARMED SERVICES ACQUISITIONS.
(a) Simplified Acquisition Procedures.--Section 2304(g) of
title 10, United States Code, is amended--
(1) in paragraph (1), by striking out ``small purchases of
property and services'' and inserting in lieu thereof
``purchases of property and services for amounts not greater
than the simplified acquisition threshold'';
(2) by striking out paragraph (2);
(3) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively;
(4) in paragraph (2), as so redesignated--
(A) by striking out ``small purchase threshold'' and
inserting in lieu thereof ``simplified acquisition
threshold''; and
(B) by striking out ``small purchase procedures'' and
inserting in lieu thereof ``simplified procedures''; and
(5) in paragraph (3), as redesignated by paragraph (3), by
striking out ``small purchase procedures'' and inserting in
lieu thereof ``simplified procedures''.
(b) Solicitation Content Requirement.--Section 2305(a)(2)
of such title is amended by striking out ``small purchases)''
in the matter preceding subparagraph (A) and inserting in
lieu thereof ``a purchase for an amount not greater than the
simplified acquisition threshold)''.
(c) Cost Type Contracts.--Section 2306(e)(2)(A) of such
title is amended by striking out ``small purchase threshold''
and inserting in lieu thereof ``simplified acquisition
threshold''.
(d) Reports of Employees or Former Employees of Defense
Contractors.--Subsection (a)(1) of section 2397 of title 10,
United States Code, is amended by striking out ``small
purchase threshold (as defined in section 2302(7) of this
title)'' and inserting in lieu thereof ``simplified
acquisition threshold''.
(e) Cross Reference Amendment.--Section 9005 of Public Law
102-396 (10 U.S.C. 2441 note) is amended in the first
sentence by striking out ``small purchases covered by section
2304(g)'' and inserting in lieu thereof ``purchases for
amounts not greater than the simplified acquisition threshold
covered by section 2304(g)''.
SEC. 4402. CIVILIAN AGENCY ACQUISITIONS.
(a) Simplified Acquisition Procedures.--Section 303(g) of
the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 253(g)) is amended--
(1) in paragraph (1)--
(A) by striking out ``small purchases of property and
services'' and inserting in lieu thereof ``purchases of
property and services for amounts not greater than the
simplified acquisition threshold'', and
(B) by striking out ``regulations modified, in accordance
with section 2752 of the Competition in Contracting Act of
1984,'' and inserting in lieu thereof ``Federal Acquisition
Regulation'';
(2) by striking out paragraph (2) and inserting in lieu
thereof the following:
``(2)(A) The Administrator of General Services shall
prescribe regulations that provide special simplified
procedures for acquisitions of leasehold interests in real
property at rental rates that do not exceed the simplified
acquisition threshold.
``(B) For purposes of subparagraph (A), the rental rate or
rates under a multiyear lease do not exceed the simplified
acquisition threshold if the average annual amount of the
rent payable for the period of the lease does not exceed the
simplified acquisition threshold.'';
(3) in paragraph (3)--
(A) by striking out ``small purchase threshold'' and
inserting in lieu thereof ``simplified acquisition
threshold''; and
(B) by striking out ``small purchase procedures'' and
inserting in lieu thereof ``simplified procedures'';
(4) in paragraph (4), by striking out ``small purchase
procedures'' and inserting in lieu thereof ``the simplified
procedures''; and
(5) by striking out paragraph (5).
(b) Solicitation Content Requirement.--Section 303A(b) of
such Act (41 U.S.C. 253a(b)) is amended by striking out
``small purchases)'' in the matter preceding paragraph (1)
and inserting in lieu thereof ``a purchase for an amount not
greater than the simplified acquisition threshold)''.
(c) Cost Type Contracts.--Section 304(b) of such Act (41
U.S.C. 254(b)) is amended in the sentence beginning with
``All cost and cost-plus-a-fixed-fee'' by striking out
``either $25,000'' and inserting in lieu thereof ``either the
simplified acquisition threshold''.
SEC. 4403. OFFICE OF FEDERAL PROCUREMENT POLICY ACT.
Section 19(a) of the Office of Federal Procurement Policy
Act (41 U.S.C. 417(a)) is amended by striking out
``procurements, other than small purchases,'' and inserting
in lieu thereof ``procurements greater than the simplified
acquisition threshold''.
SEC. 4404. SMALL BUSINESS ACT.
(a) Definition.--Section 3(m) of the Small Business Act (15
U.S.C. 632(m)) is amended by striking out `` `small purchase
threshold' '' and inserting in lieu thereof `` `simplified
acquisition threshold' ''.
(b) Use of Simplified Acquisition Threshold Term.--Section
8(d)(2)(A) of the Small Business Act (15 U.S.C. 637(d)(2)(A))
is amended by striking out ``small purchase threshold'' and
inserting in lieu thereof ``simplified acquisition
threshold''.
TITLE V--ACQUISITION MANAGEMENT
Subtitle A--Armed Services Acquisitions
SEC. 5001. PERFORMANCE BASED MANAGEMENT.
(a) Policy and Goals for Performance Based Management of
Programs.--(1) Chapter 131 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 2220. Performance based management: acquisition
programs
``(a) Establishment of Goals.--(1) The Secretary of Defense
shall approve or define the cost, performance, and schedule
goals for major defense acquisition programs of the
Department of Defense and for each phase of the acquisition
cycle of such programs.
``(2) The Comptroller of the Department of Defense shall
evaluate the cost goals proposed for each major defense
acquisition program of the Department.
``(b) Annual Reporting Requirement.--The Secretary of
Defense shall include in the annual report submitted to
Congress pursuant to section 113(c) of this title an
assessment of whether major and nonmajor acquisition programs
of the Department of Defense are achieving, on average, 90
percent of cost, performance, and schedule goals established
pursuant to subsection (a) and whether the average period for
converting emerging technology into operational capability
has decreased by 50 percent or more from the average period
required for such conversion as of the date of the enactment
of the Federal Acquisition Streamlining Act of 1994. The
Secretary shall use data from existing management systems in
making the assessment.
``(c) Performance Evaluation.--Whenever the Secretary of
Defense, in the assessment required by subsection (b),
determines that major defense acquisition programs of the
Department of Defense are not achieving, on average, 90
percent of cost, performance, and schedule goals established
pursuant to subsection (a), the Secretary shall ensure that
there is a timely review of major defense acquisition
programs and other programs as appropriate. In conducting the
review, the Secretary shall--
``(1) determine whether there is a continuing need for
programs that are significantly behind schedule, over budget,
or not in compliance with performance or capability
requirements; and
``(2) identify suitable actions to be taken, including
termination, with respect to such programs.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``2220. Performance based management: acquisition programs.''.
(b) Enhanced System of Performance Incentives.--Within one
year after the date of the enactment of this Act, the
Secretary of Defense shall review the incentives and
personnel actions available to the Secretary of Defense for
encouraging excellence in the management of defense
acquisition programs and provide an enhanced system of
incentives to facilitate the achievement of goals
[[Page 1939]]
approved or defined pursuant to section 2220(a) of title 10,
United States Code. The enhanced system of incentives shall,
to the maximum extent consistent with applicable law--
(1) relate pay to performance (including the extent to
which the performance of personnel in such programs
contributes to achieving the cost goals, performance goals,
and schedule goals established for acquisition programs of
the Department of Defense pursuant to section 2220(a) of
title 10, as added by subsection (a)); and
(2) provide for consideration, in personnel evaluations and
promotion decisions, of the extent to which the performance
of personnel in such programs contributes to achieving the
cost goals, performance goals, and schedule goals established
for acquisition programs of the Department of Defense
pursuant to section 2220(a) of title 10, United States Code,
as added by subsection (a).
(c) Recommended Legislation.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Defense shall submit to Congress any recommended legislation
that the Secretary considers necessary to carry out section
2220 of title 10, United States Code, as added by subsection
(a), and otherwise to facilitate and enhance management of
Department of Defense acquisition programs on the basis of
performance.
SEC. 5002. REVIEW OF ACQUISITION PROGRAM CYCLE.
(a) Review.--The Secretary of Defense shall review the
regulations of the Department of Defense to ensure that
acquisition program cycle procedures are focused on achieving
the goals that are consistent with the program baseline
description established pursuant to section 2435 of title 10,
United States Code.
(b) Repeals.--Sections 835 and 836 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
107 Stat. 1717) are hereby repealed.
Subtitle B--Civilian Agency Acquisitions
SEC. 5051. PERFORMANCE BASED MANAGEMENT.
(a) Policy and Goals for Performance Based Management of
Programs.--Title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 301 et seq.),
as amended by sections 1552 and 1553, is further amended by
adding at the end the following new section:
``SEC. 313. PERFORMANCE BASED MANAGEMENT: ACQUISITION
PROGRAMS.
``(a) Congressional Policy.--It is the policy of Congress
that the head of each executive agency should achieve, on
average, 90 percent of the cost and schedule goals
established for major and nonmajor acquisition programs of
the agency without reducing the performance or capabilities
of the items being acquired.
``(b) Establishment of Goals.--(1) The head of each
executive agency shall approve or define the cost,
performance, and schedule goals for major acquisition
programs of the agency.
``(2) The chief financial officer of an executive agency
shall evaluate the cost goals proposed for each major
acquisition program of the agency.
``(c) Identification of Noncompliant Programs.--Whenever it
is necessary to do so in order to implement the policy set
out in subsection (a), the head of an executive agency
shall--
``(1) determine whether there is a continuing need for
programs that are significantly behind schedule, over budget,
or not in compliance with performance or capability
requirements; and
``(2) identify suitable actions to be taken, including
termination, with respect to such programs.''.
(b) Annual Reporting Requirement.--Section 6 of the Office
of Federal Procurement Policy Act (41 U.S.C. 405), as amended
by section 1091, is further amended by adding at the end the
following new subsection:
``(k) The Administrator shall submit to Congress, on an
annual basis, an assessment of the progress made in executive
agencies in implementing the policy stated in section 313(a)
of the Federal Property and Administrative Services Act of
1949. The Administrator shall use data from existing
management systems in making the assessment.''.
(c) Enhanced System of Performance Incentives.--Within one
year after the date of the enactment of this Act, the Deputy
Director for Management of the Office of Management and
Budget, in consultation with appropriate officials in other
departments and agencies of the Federal Government, shall, to
the maximum extent consistent with applicable law--
(1) establish policies and procedures for the heads of such
departments and agencies to designate acquisition positions
and manage employees (including the accession, education,
training and career development of employees) in the
designated acquisition positions; and
(2) review the incentives and personnel actions available
to the heads of departments and agencies of the Federal
Government for encouraging excellence in the acquisition
workforce of the Federal Government and provide an enhanced
system of incentives for the encouragement of excellence in
such workforce which--
(A) relates pay to performance (including the extent to
which the performance of personnel in such workforce
contributes to achieving the cost goals, schedule goals, and
performance goals established for acquisition programs
pursuant to section 313(b) of the Federal Property and
Administrative Services Act of 1949, as added by subsection
(a)); and
(B) provides for consideration, in personnel evaluations
and promotion decisions, of the extent to which the
performance of personnel in such workforce contributes to
achieving such cost goals, schedule goals, and performance
goals.
(d) Recommended Legislation.--Not later than one year after
the date of the enactment of this Act, the Administrator for
Federal Procurement Policy shall submit to Congress any
recommended legislation that the Secretary considers
necessary to carry out section 313 of the Federal Property
and Administrative Services Act of 1949, as added by
subsection (a), and otherwise to facilitate and enhance
management of Federal Government acquisition programs and the
acquisition workforce of the Federal Government on the basis
of performance.
SEC. 5052. RESULTS-ORIENTED ACQUISITION PROCESS.
(a) Development of Process Required.--The Administrator for
Federal Procurement Policy, in consultation with the heads of
appropriate Federal agencies, shall develop results-oriented
acquisition process guidelines for implementation by agencies
in acquisitions of property and services by the Federal
agencies. The process guidelines shall include the
identification of quantitative measures and standards for
determining the extent to which an acquisition of items other
than commercial items by a Federal agency satisfies the needs
for which the items are being acquired.
(b) Inapplicability of Process to Department of Defense.--
The process guidelines developed pursuant to subsection (a)
may not be applied to the Department of Defense.
Subtitle C--Pilot Programs
SEC. 5061. OFPP TEST PROGRAM FOR EXECUTIVE AGENCIES.
(a) In General.--The Administrator for Federal Procurement
Policy (in this section referred to as the ``Administrator'')
may conduct a program of tests of alternative and innovative
procurement procedures. To the extent consistent with this
section, such program shall be conducted consistent with
section 15 of the Office of Federal Procurement Policy Act
(41 U.S.C. 413). No more than 6 such tests shall be conducted
under the authority of this subsection, and not more than 1
such test shall be conducted under such authority in an
agency.
(b) Designation of Agencies.--Each test conducted pursuant
to subsection (a) shall be carried out in not more than 2
specific procuring activities in an agency designated by the
Administrator. Each agency so designated shall select the
procuring activities participating in the test with the
approval of the Administrator and shall designate a
procurement testing official who shall be responsible for the
conduct and evaluation of tests within that agency.
(c) Test Requirements and Limitations.--(1) Each test
conducted under subsection (a)--
(A) shall be developed and structured by the Administrator
or by the agency senior procurement executive designated
pursuant to section 16(3) of the Office of Federal
Procurement Policy Act (41 U.S.C. 414(3)) in close
coordination with the Administrator; and
(B) shall be limited to specific programs of agencies or
specific acquisitions.
(2) The total estimated life-cycle cost to the Federal
Government for each test conducted under subsection (a) may
not exceed $100,000,000.
(3)(A) Except as provided in subparagraph (B), each
contract awarded in conducting the tests under subsection (a)
(including the cost of options if all options were to be
exercised) may not exceed $5,000,000.
(B) For one of the tests conducted under subsection (a),
the amount of each contract awarded in conducting the test
(including options) may exceed $5,000,000.
(4) The program of tests conducted under subsection (a)
shall include, either as a test or as part of a test, the use
of the Federal acquisition computer network (``FACNET'')
capability required by section 30 of the Office of Federal
Procurement Policy Act (as added by section 9001) for
procurement actions in amounts greater than the simplified
acquisition threshold.
(d) Limitation on Total Value of Contracts Under Program.--
(1) The Administrator shall ensure that the total amount
obligated under contracts awarded pursuant to the program
under this section does not exceed $600,000,000. In
calculating such amount, the Administrator shall not include
any contract awarded for the test conducted by the National
Aeronautics and Space Administration pursuant to section 5062
of this Act.
(2) The Administrator shall monitor the value of contracts
awarded pursuant to the program under this section.
(3) No contract may be awarded under the program under this
section if the award of the contract would result in
obligation of more than $600,000,000 under contracts awarded
pursuant to the program under this section.
(e) Procedures Authorized.--Tests conducted under this
section may include any of the following procedures:
(1) Publication of agency needs before drafting of a
solicitation.
(2) Issuance of draft solicitations for comment.
(3) Streamlined solicitations that specify as the
evaluation factors the minimum fac-
[[Page 1940]]
tors necessary, require sources to submit the minimum
information necessary, provide abbreviated periods for
submission of offers, and specify page limitations for
offers.
(4) Limitation of source selection factors to--
(A) cost to the Federal Government;
(B) past experience and performance; and
(C) quality of the content of the offer.
(5) Evaluation of proposals by small teams of highly
qualified people over a period not greater than 30 days.
(6) Restriction of competitions to sources determined
capable in a precompetition screening process, provided that
the screening process affords all interested sources a fair
opportunity to be considered.
(7) Restriction of competitions to sources of preevaluated
products, provided that the preevaluation process affords all
interested sources a fair opportunity to be considered.
(8) Alternative notice and publication requirements.
(9) A process in which--
(A) the competitive process is initiated by publication in
the Commerce Business Daily, or by dissemination through
FACNET, of a notice that--
(i) contains a synopsis of the functional and performance
needs of the executive agency conducting the test, and, for
purposes of guidance only, other specifications; and
(ii) invites any interested source to submit information or
samples showing the suitability of its product for meeting
those needs, together with a price quotation, or, if
appropriate, showing the source's technical capability, past
performance, product supportability, or other qualifications
(including, as appropriate, information regarding rates and
other cost-related factors);
(B) contracting officials develop a request for proposals
(including appropriate specifications and evaluation
criteria) after reviewing the submissions of interested
sources and, if the officials determine necessary, after
consultation with those sources; and
(C) a contract is awarded after a streamlined competition
that is limited to all sources that timely provided product
information in response to the notice or, if appropriate, to
those sources determined most capable based on the
qualification-based factors included in an invitation to
submit information pursuant to subparagraph (A).
(f) Measurable Test Criteria.--The Administrator shall
require each agency conducting a test pursuant to subsection
(a) to establish, to the maximum extent practicable,
measurable criteria for evaluation of the effects of the
procedure or technique to be tested.
(g) Test Plan.--At least 270 days before a test may be
conducted under this section, the Administrator shall--
(1) provide a detailed test plan, including lists of any
regulations that are to be waived, and any written
determination under subsection (h)(1)(B) to the Committee on
Government Operations of the House of Representatives and the
Committee on Governmental Affairs of the Senate;
(2) provide a copy of the plan to the appropriate
authorization and appropriations committees of the House of
Representatives and the Senate; and
(3) publish the plan in the Federal Register and provide an
opportunity for public comment.
(h) Waiver of Procurement Regulations.--(1) For purposes of
a test conducted under subsection (a), the Administrator may
waive--
(A) any provision of the Federal Acquisition Regulation
that is not required by statute; and
(B) any provision of the Federal Acquisition Regulation
that is required by a provision of law described in paragraph
(2), the waiver of which the Administrator determines in
writing to be necessary to conduct any test of any of the
procedures described in subsection (e).
(2) The provisions of law referred to in paragraph (1) are
as follows:
(A) The following provisions of title 10, United States
Code:
(i) Section 2304.
(ii) Section 2305.
(iii) Section 2319.
(B) Subsections (e), (f), and (g) of section 8 of the Small
Business Act (15 U.S.C. 637).
(C) The following provisions of the Revised Statutes:
(i) Section 3709 (41 U.S.C. 5).
(ii) Section 3710 (41 U.S.C. 8).
(iii) Section 3735 (41 U.S.C. 13).
(D) The following provisions of the Federal Property and
Administrative Services Act of 1949:
(i) Section 303 (41 U.S.C. 253).
(ii) Section 303A (41 U.S.C. 253a).
(iii) Section 303B (41 U.S.C. 253b).
(iv) Section 303C (41 U.S.C. 253c).
(v) Section 310 (41 U.S.C. 260).
(E) The following provisions of the Office of Federal
Procurement Policy Act:
(i) Section 4(6) (41 U.S.C. 403(6)).
(ii) Section 18 (41 U.S.C. 416).
(3) If the Administrator determines that the conduct of a
test requires the waiver of a law not listed in paragraph (2)
or requires approval of an estimated dollar amount not
permitted under subsection (c)(4), the Administrator may
propose legislation to authorize the waiver or grant the
approval. Before proposing such legislation, the
Administrator may provide and publish a test plan as
described in subsection (g).
(i) Report.--Not later than 6 months after completion of a
test conducted under subsection (a), the Comptroller General
shall submit to Congress a report for the test setting forth
in detail the results of the test, including such
recommendations as the Comptroller General considers
appropriate.
(j) Commencement and Expiration of Authority.--(1) The
Administrator may not exercise the authority to conduct a
test under subsection (a) in an agency and to award contracts
under such a test before the date on which the head of the
agency certifies to Congress under section 30A(a)(2) of the
Office of Federal Procurement Policy Act that the agency has
implemented a full FACNET capability.
(2) The authority to conduct a test under subsection (a) in
an agency and to award contracts under such a test shall
expire 4 years after the date on which the head of the agency
makes the certification referred to in paragraph (1).
Contracts entered into before such authority expires in an
agency pursuant to a test shall remain in effect,
notwithstanding the expiration of the authority to conduct
the test under this section.
(k) Rule of Construction.--Nothing in this section shall be
construed as authorizing the appropriation or obligation of
funds for the tests conducted pursuant to subsection (a).
SEC. 5062. NASA MID-RANGE PROCUREMENT TEST PROGRAM.
(a) In General.--The Administrator of the National
Aeronautics and Space Administration (in this section
referred to as the ``Administrator'') may conduct a test of
alternative notice and publication requirements for
procurements conducted by the National Aeronautics and Space
Administration. To the extent consistent with this section,
such program shall be conducted consistent with section 15 of
the Office of Federal Procurement Policy Act (41 U.S.C. 413).
(b) Applicability.--The test conducted under subsection (a)
shall apply to acquisitions with an estimated annual total
obligation of funds of $500,000 or less.
(c) Limitation on Total Cost.--The total estimated life-
cycle cost to the Federal Government for the test conducted
under subsection (a) may not exceed $100,000,000.
(d) Waiver of Procurement Regulations.--(1) In conducting
the test under this section, the Administrator, with the
approval of the Administrator for Federal Procurement Policy,
may waive--
(A) any provision of the Federal Acquisition Regulation
that is not required by statute; and
(B) any provision of the Federal Acquisition Regulation
that is required by a provision of law described in paragraph
(2), the waiver of which the Administrator determines in
writing to be necessary to conduct the test.
(2) The provisions of law referred to in paragraph (1) are
as follows:
(A) Subsections (e), (f), and (g) of section 8 of the Small
Business Act (15 U.S.C. 637).
(B) Section 18 of the Office of Federal Procurement Policy
Act (41 U.S.C. 416).
(e) Report.--Not later than 6 months after completion of
the test conducted under subsection (a), the Comptroller
General shall submit to Congress a report for the test
setting forth in detail the results of the test, including
such recommendations as the Comptroller General considers
appropriate.
(f) Expiration of Authority.--The authority to conduct the
test under subsection (a) and to award contracts under such
test shall expire 4 years after the date of the enactment of
this Act. Contracts entered into before such authority
expires shall remain in effect, notwithstanding the
expiration of the authority to conduct the test under this
section.
(g) Rule of Construction.--Nothing in this section shall be
construed as authorizing the appropriation or obligation of
funds for the test conducted pursuant to subsection (a).
SEC. 5063. FEDERAL AVIATION ADMINISTRATION ACQUISITION PILOT
PROGRAM.
(a) Authority.--The Secretary of Transportation may conduct
a test of alternative and innovative procurement procedures
in carrying out acquisitions for one of the modernization
programs under the Airway Capital Investment Plan prepared
pursuant to section 44501(b) of title 49, United States Code.
In conducting such test, the Secretary shall consult with the
Administrator for Federal Procurement Policy.
(b) Pilot Program Implementation.--(1) The Secretary of
Transportation should prescribe policies and procedures for
the interaction of the program manager and the end user
executive responsible for the requirement for the equipment
acquired. Such policies and procedures should include
provisions for enabling the end user executive to participate
in acceptance testing.
(2) Not later than 45 days after the date of enactment of
this Act, the Secretary of Transportation shall identify for
the pilot program quantitative measures and goals for
reducing acquisition management costs.
(3) The Secretary of Transportation shall establish for the
pilot program a review process that provides senior
acquisition officials with reports on the minimum necessary
data items required to ensure the appropriate expenditure of
funds appropriated for the program and that--
(A) contain essential information on program results at
appropriate intervals, including the criteria to be used in
measuring the success of the program; and
(B) reduce data requirements from the current program
review reporting requirements.
(c) Special Authorities.--The authority provided by
subsection (a) shall include au-
[[Page 1941]]
thority for the Secretary of Transportation--
(1) to apply any amendment or repeal of a provision of law
made in this Act to the pilot program before the effective
date of such amendment or repeal; and
(2) to apply to a procurement of items other than
commercial items under such program--
(A) any authority provided in this Act (or in an amendment
made by a provision of this Act) to waive a provision of law
in the case of commercial items, and
(B) any exception applicable under this Act (or an
amendment made by a provision of this Act) in the case of
commercial items,
before the effective date of such provision (or amendment) to
the extent that the Secretary determines necessary to test
the application of such waiver or exception to procurements
of items other than commercial items.
(d) Applicability.--Subsection (c) applies with respect
to--
(1) a contract that is awarded or modified after the date
occurring 45 days after the date of the enactment of this
Act; and
(2) a contract that is awarded before such date and is to
be performed (or may be performed), in whole or in part,
after such date.
(e) Procedures Authorized.--The test conducted under this
section may include any of the following procedures:
(1) Restriction of competitions to sources determined
capable in a precompetition screening process, provided that
the screening process affords all interested sources a fair
opportunity to be considered.
(2) Restriction of competitions to sources of preevaluated
products, provided that the preevaluation process affords all
interested sources a fair opportunity to be considered.
(3) Alternative notice and publication requirements.
(4) A process in which--
(A) the competitive process is initiated by publication in
the Commerce Business Daily, or by dissemination through
FACNET, of a notice that--
(i) contains a synopsis of the functional and performance
needs of the executive agency conducting the test, and, for
purposes of guidance only, other specifications; and
(ii) invites any interested source to submit information or
samples showing the suitability of its product for meeting
those needs, together with a price quotation, or, if
appropriate, showing the source's technical capability, past
performance, product supportability, or other qualifications
(including, as appropriate, information regarding rates and
other cost-related factors);
(B) contracting officials develop a request for proposals
(including appropriate specifications and evaluation
criteria) after reviewing the submissions of interested
sources and, if the officials determine necessary, after
consultation with those sources; and
(C) a contract is awarded after a streamlined competition
that is limited to all sources that timely provided product
information in response to the notice or, if appropriate, to
those sources determined most capable based on the
qualification-based factors included in an invitation to
submit information pursuant to subparagraph (A).
(f) Waiver of Procurement Regulations.--(1) In conducting
the test under this section, the Secretary of Transportation,
with the approval of the Administrator for Federal
Procurement Policy, may waive--
(A) any provision of the Federal Acquisition Regulation
that is not required by statute; and
(B) any provision of the Federal Acquisition Regulation
that is required by a provision of law described in paragraph
(2), the waiver of which the Administrator determines in
writing to be necessary to test procedures authorized by
subsection (e).
(2) The provisions of law referred to in paragraph (1) are
as follows:
(A) Subsections (e), (f), and (g) of section 8 of the Small
Business Act (15 U.S.C. 637).
(B) The following provisions of the Federal Property and
Administrative Services Act of 1949:
(i) Section 303 (41 U.S.C. 253).
(ii) Section 303A (41 U.S.C. 253a).
(iii) Section 303B (41 U.S.C. 253b).
(iv) Section 303C (41 U.S.C. 253c).
(C) The following provisions of the Office of Federal
Procurement Policy Act:
(i) Section 4(6) (41 U.S.C. 403(6)).
(ii) Section 18 (41 U.S.C. 416).
(g) Definition.--In this section, the term ``commercial
item'' has the meaning provided that term in section 4(12) of
the Office of Federal Procurement Policy Act.
(h) Expiration of Authority.--The authority to conduct the
test under subsection (a) and to award contracts under such
test shall expire 4 years after the date of the enactment of
this Act. Contracts entered into before such authority
expires shall remain in effect, notwithstanding the
expiration of the authority to conduct the test under this
section.
(i) Rule of Construction.--Nothing in this section shall be
construed as authorizing the appropriation or obligation of
funds for the test conducted pursuant to subsection (a).
SEC. 5064. DEPARTMENT OF DEFENSE ACQUISITION PILOT PROGRAMS.
(a) In General.--The Secretary of Defense is authorized to
designate the following defense acquisition programs for
participation in the defense acquisition pilot program
authorized by section 809 of the National Defense
Authorization Act for Fiscal Year 1991 (10 U.S.C. 2430 note):
(1) Fire support combined arms tactical trainer (fscatt).--
The Fire Support Combined Arms Tactical Trainer program with
respect to all contracts directly related to the procurement
of a training simulation system (including related hardware,
software, and subsystems) to perform collective training of
field artillery gunnery team components, with development of
software as required to generate the training exercises and
component interfaces.
(2) Joint direct attack munition (jdam i).--The Joint
Direct Attack Munition program with respect to all contracts
directly related to the development and procurement of a
strap-on guidance kit, using an inertially guided, Global
Positioning System updated guidance kit to enhance the
delivery accuracy of 1000-pound and 2000-pound bombs in
inventory.
(3) Joint primary aircraft training system (jpats).--The
Joint Primary Aircraft Training System (JPATS) with respect
to all contracts directly related to the acquisition of a new
primary trainer aircraft to fulfill Air Force and Navy joint
undergraduate aviation training requirements, and an
associated ground-based training system consisting of air
crew training devices (simulators), courseware, a Training
Management System, and contractor support for the life of the
system.
(4) Commercial-derivative aircraft (cda).--
(A) All contracts directly related to the acquisition or
upgrading of commercial-derivative aircraft for use in
meeting airlift and tanker requirements and the air vehicle
component for airborne warning and control systems.
(B) For purposes of this paragraph, the term ``commercial-
derivative aircraft'' means any of the following:
(i) Any aircraft (including spare parts, support services,
support equipment, technical manuals, and data related
thereto) that is or was of a type customarily used in the
course of normal business operations for other than Federal
Government purposes, that has been issued a type certificate
by the Administrator of the Federal Aviation Administration,
and that has been sold or leased for use in the commercial
marketplace or that has been offered for sale or lease for
use in the commercial marketplace.
(ii) Any aircraft that, but for modifications of a type
customarily available in the commercial marketplace, or minor
modifications made to meet Federal Government requirements,
would satisfy or would have satisfied the criteria in
subclause (I).
(iii) For purposes of a potential complement or alternative
to the C-17 program, any nondevelopmental airlift aircraft,
other than the C-17 or any aircraft derived from the C-17,
shall be considered a commercial-derivative aircraft.
(5) Commercial-derivative engine (cde).--The commercial
derivative engine program with respect to all contracts
directly related to the acquisition of (A) commercial
derivative engines (including spare engines and upgrades),
logistics support equipment, technical orders, management
data, and spare parts, and (B) commercially derived engines
for use in supporting the purchase of commercial-derivative
aircraft for use in airlift and tanker requirements
(including engine replacement and upgrades) and the air
vehicle component for airborne warning and control systems.
For purposes of a potential complement or alternative to the
C-17 program, any nondevelopmental airlift aircraft engine
shall be considered a commercial-derivative engine.
(b) Pilot Program Implementation.--(1) The text of section
833 of the National Defense Authorization Act for Fiscal Year
1994 (Public Law 103-160; 107 Stat. 1716) is amended to read
as follows:
``(a) Mission-Oriented Program Management.--In the exercise
of the authority provided in section 809 of the National
Defense Authorization Act for Fiscal Year 1991 (10 U.S.C.
2430 note), the Secretary of Defense should propose for one
or more of the defense acquisition programs covered by the
Defense Acquisition Pilot Program to utilize the concept of
mission-oriented program management.
``(b) Policies and Procedures.--In the case of each defense
acquisition program covered by the Defense Acquisition Pilot
Program, the Secretary of Defense should prescribe policies
and procedures for the interaction of the program manager and
the commander of the operational command (or a
representative) responsible for the requirement for the
equipment acquired, and for the interaction with the
commanders of the unified and specified combatant commands.
Such policies and procedures should include provisions for
enabling the user commands to participate in acceptance
testing.''.
(2) The text of section 837 of National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
107 Stat. 1718) is amended to read as follows:
``The Secretary of Defense shall take any additional
actions that the Secretary considers necessary to waive
regulations not required by statute that affect the
efficiency of the contracting process within the Department
of Defense. Such actions shall include, in the Secretary's
discretion, developing methods to streamline the procurement
process, streamlining the period for entering into contracts,
and defining alternative techniques to reduce reliance on
military specifications and standards, in contracts for the
defense acquisition programs participating in the Defense
Acquisition Pilot Program.''.
(3) The text of section 838 of National Defense
Authorization Act for Fiscal Year 1994
[[Page 1942]]
(Public Law 103-160; 107 Stat. 1718) is amended to read as
follows:
``For at least one participating defense acquisition
program for which a determination is made to make payments
for work in progress under the authority of section 2307 of
title 10, United States Code, the Secretary of Defense should
define payment milestones on the basis of quantitative
measures of results.''.
(4) Not later than 45 days after the date of the enactment
of the Federal Acquisition Streamlining Act of 1994, the
Secretary of Defense shall identify for each defense
acquisition program participating in the pilot program
quantitative measures and goals for reducing acquisition
management costs.
(5) For each defense acquisition program participating in
the pilot program, the Secretary of Defense shall establish a
review process that provides senior acquisition officials
with reports on the minimum necessary data items required to
ensure the appropriate expenditure of funds appropriated for
the program and that--
(A) contain essential information on program results at
appropriate intervals, including the criteria to be used in
measuring the success of the program; and
(B) reduce data requirements from the current program
review reporting requirements.
(c) Special Authority.--The authority delegated under
subsection (a) may include authority for the Secretary of
Defense--
(1) to apply any amendment or repeal of a provision of law
made in this Act to the pilot programs before the effective
date of such amendment or repeal; and
(2) to apply to a procurement of items other than
commercial items under such programs--
(A) any authority provided in this Act (or in an amendment
made by a provision of this Act) to waive a provision of law
in the case of commercial items, and
(B) any exception applicable under this Act (or an
amendment made by a provision of this Act) in the case of
commercial items,
before the effective date of such provision (or amendment) to
the extent that the Secretary determines necessary to test
the application of such waiver or exception to procurements
of items other than commercial items.
(d) Applicability.--(1) Subsection (c) applies with respect
to--
(A) a contract that is awarded or modified during the
period described in paragraph (2); and
(B) a contract that is awarded before the beginning of such
period and is to be performed (or may be performed), in whole
or in part, during such period.
(2) The period referred to in paragraph (1) is the period
that begins 45 days after the date of the enactment of this
Act and ends on September 30, 1998.
(e) Rule of Construction.--Nothing in this section shall be
construed as authorizing the appropriation or obligation of
funds for the programs designated for participation in the
defense acquisition pilot program under the authority of
subsection (a).
Subtitle D--Miscellaneous
SEC. 5091. VENDOR AND EMPLOYEE EXCELLENCE AWARDS.
Section 6(d) of the Office of Federal Procurement Policy
Act (41 U.S.C. 405(d)) is amended--
(1) by striking out ``and'' at the end of paragraph (7);
(2) by redesignating paragraph (8) as paragraph (12); and
(3) by adding at the end the following new paragraphs:
``(8) providing for a Government-wide award to recognize
and promote vendor excellence;
``(9) providing for a Government-wide award to recognize
and promote excellence in officers and employees of the
Federal Government serving in procurement-related
positions;''.
SEC. 5092. WAITING PERIOD FOR SIGNIFICANT CHANGES PROPOSED
FOR ACQUISITION REGULATIONS.
(a) Increased Period.--Section 22(a) of the Office of
Federal Procurement Policy Act (41 U.S.C. 418b) is amended--
(1) by striking out ``30 days'' and inserting in lieu
thereof ``60 days''; and
(2) by adding at the end the following: ``Notwithstanding
the preceding sentence, such a policy, regulation, procedure,
or form may take effect earlier than 60 days after the
publication date when there are compelling circumstances for
the earlier effective date, but in no event may that
effective date be less than 30 days after the publication
date.''.
(b) Technical Amendment.--Section 22(d) of such Act is
amended by designating the second sentence as paragraph (3).
SEC. 5093. SENSE OF CONGRESS ON NEGOTIATED RULEMAKING.
(a) Findings.--The Congress finds the following:
(1) The use of negotiated rulemaking or similar policy
discussion group techniques can be an appropriate tool for--
(A) fostering effective implementation of, and compliance
with, laws and regulations;
(B) avoiding litigation; and
(C) achieving more productive and equitable relationships
between the Federal Government and the regulated segments of
the private sector.
(2) The use of negotiated rulemaking or similar techniques
in Federal procurement regulations could be appropriate given
the extreme complexity and intricate interactions between
buyer and seller in Federal procurements.
(b) Sense of Congress.--It is the sense of Congress that,
in prescribing acquisition regulations, the Federal
Acquisition Regulatory Council should consider using
negotiated rulemaking procedures in appropriate circumstances
in accordance with sections 561 through 570 of title 5,
United States Code, or similar techniques intended to achieve
the benefits described in subsection (a)(1).
TITLE VI--OTHER PROCUREMENT-RELATED MATTERS
SEC. 6001. POST-EMPLOYMENT RULES.
(a) Repeal.--(1) Section 801 of title 37, United States
Code, is repealed.
(2) The table of sections for chapter 15 of title 37,
United States Code, is amended by striking out the item
relating to section 801.
(b) Suspension of Effect of Certain Provision of Law.--
Section 281 of title 18, United States Code, shall not be
effective during the period beginning on the date of the
enactment of this Act and ending at the end of December 31,
1996. Such section shall not apply after that date to any
relationship otherwise punishable under such section that
existed during such period.
SEC. 6002. CONTRACTING FUNCTIONS PERFORMED BY FEDERAL
PERSONNEL.
(a) Amendment of OFPP Act.--The Office of Federal
Procurement Policy Act, as amended by section 1092, is
further amended by inserting after section 22 the following
new section 23:
``SEC. 23. CONTRACTING FUNCTIONS PERFORMED BY FEDERAL
PERSONNEL.
``(a) Limitation on Payment for Advisory and Assistance
Services.--(1) No person who is not a person described in
subsection (b) may be paid by an executive agency for
services to conduct evaluations or analyses of any aspect of
a proposal submitted for an acquisition unless personnel
described in subsection (b) with adequate training and
capabilities to perform such evaluations and analyses are not
readily available within the agency or another Federal
agency, as determined in accordance with standards and
procedures prescribed in the Federal Acquisition Regulation.
``(2) In the administration of this subsection, the head of
each executive agency shall determine in accordance with the
standards and procedures set forth in the Federal Acquisition
Regulation whether--
``(A) a sufficient number of personnel described in
subsection (b) within the agency or another Federal agency
are readily available to perform a particular evaluation or
analysis for the head of the executive agency making the
determination; and
``(B) the readily available personnel have the training and
capabilities necessary to perform the evaluation or analysis.
``(b) Covered Personnel.--For purposes of subsection (a),
the personnel described in this subsection are as follows:
``(1) An employee, as defined in section 2105 of title 5,
United States Code.
``(2) A member of the Armed Forces of the United States.
``(3) A person assigned to a Federal agency pursuant to
subchapter VI of chapter 33 of title 5, United States Code.
``(c) Rule of Construction.--Nothing in this section is
intended to affect the relationship between the Federal
Government and a federally funded research and development
center.''.
(b) Requirement for Guidance and Regulations.--The Federal
Acquisition Regulatory Council established by section 25(a)
of the Office of Federal Procurement Policy Act (41 U.S.C.
421(a)) shall--
(1) review part 37 of title 48 of the Code of Federal
Regulations as it relates to the use of advisory and
assistance services; and
(2) provide guidance and promulgate regulations regarding--
(A) what actions Federal agencies are required to take to
determine whether expertise is readily available within the
Federal Government before contracting for advisory and
technical services to conduct acquisitions; and
(B) the manner in which personnel with expertise may be
shared with agencies needing expertise for such acquisitions.
SEC. 6003. REPEAL OF EXECUTED REQUIREMENT FOR STUDY AND
REPORT.
Section 17 of the Office of Federal Procurement Policy Act
(41 U.S.C. 415) is repealed.
SEC. 6004. INTERESTS OF MEMBERS OF CONGRESS.
Section 3741 of the Revised Statutes (41 U.S.C. 22) is
amended to read as follows:
``No member of Congress shall be admitted to any share or
part of any contract or agreement made, entered into, or
accepted by or on behalf of the United States, or to any
benefit to arise thereupon.''.
SEC. 6005. WHISTLEBLOWER PROTECTIONS FOR CONTRACTOR EMPLOYEES
OF DEPARTMENT OF DEFENSE, COAST GUARD, AND
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION.
(a) Whistleblower Protections for Contractor Employees.--
Section 2409 of title 10, United States Code, is amended to
read as follows:
``Sec. 2409. Contractor employees: protection from reprisal
for disclosure of certain information
``(a) Prohibition of Reprisals.--An employee of a
contractor may not be discharged, demoted, or otherwise
discriminated against as a reprisal for disclosing to a
Member of Congress or an authorized official of an agency or
the Department of Justice information relating to a
substantial violation of law related to a contract (in-
[[Page 1943]]
cluding the competition for or negotiation of a contract).
``(b) Investigation of Complaints.--A person who believes
that the person has been subjected to a reprisal prohibited
by subsection (a) may submit a complaint to the Inspector
General of an agency. Unless the Inspector General determines
that the complaint is frivolous, the Inspector General shall
investigate the complaint and, upon completion of such
investigation, submit a report of the findings of the
investigation to the person, the contractor concerned, and
the head of the agency.
``(c) Remedy and Enforcement Authority.--(1) If the head of
the agency determines that a contractor has subjected a
person to a reprisal prohibited by subsection (a), the head
of the agency may take one or more of the following actions:
``(A) Order the contractor to take affirmative action to
abate the reprisal.
``(B) Order the contractor to reinstate the person to the
position that the person held before the reprisal, together
with the compensation (including back pay), employment
benefits, and other terms and conditions of employment that
would apply to the person in that position if the reprisal
had not been taken.
``(C) Order the contractor to pay the complainant an amount
equal to the aggregate amount of all costs and expenses
(including attorneys' fees and expert witnesses' fees) that
were reasonably incurred by the complainant for, or in
connection with, bringing the complaint regarding the
reprisal, as determined by the head of the agency.
``(2) Whenever a person fails to comply with an order
issued under paragraph (1), the head of the agency shall file
an action for enforcement of such order in the United States
district court for a district in which the reprisal was found
to have occurred. In any action brought under this paragraph,
the court may grant appropriate relief, including injunctive
relief and compensatory and exemplary damages.
``(3) Any person adversely affected or aggrieved by an
order issued under paragraph (1) may obtain review of the
order's conformance with this subsection, and any regulations
issued to carry out this section, in the United States court
of appeals for a circuit in which the reprisal is alleged in
the order to have occurred. No petition seeking such review
may be filed more than 60 days after issuance of the order by
the head of the agency. Review shall conform to chapter 7 of
title 5.
``(d) Construction.--Nothing in this section may be
construed to authorize the discharge of, demotion of, or
discrimination against an employee for a disclosure other
than a disclosure protected by subsection (a) or to modify or
derogate from a right or remedy otherwise available to the
employee.
``(e) Definitions.--In this section:
``(1) The term `agency' means an agency named in section
2303 of this title.
``(2) The term `head of an agency' has the meaning provided
by section 2302(1) of this title.
``(3) The term `contract' means a contract awarded by the
head of an agency.
``(4) The term `contractor' means a person awarded a
contract with an agency.
``(5) The term `Inspector General' means an Inspector
General appointed under the Inspector General Act of 1978.''.
(b) Related Law.--(1) Section 2409a of title 10, United
States Code, is repealed.
(2) The table of sections at the beginning of chapter 141
of such title is amended by striking out the item relating to
section 2409a.
SEC. 6006. WHISTLEBLOWER PROTECTIONS FOR CONTRACTOR EMPLOYEES
OF CIVILIAN AGENCIES.
Title III of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 251 et seq.) is amended by
adding at the end the following new section:
``SEC. 315. CONTRACTOR EMPLOYEES: PROTECTION FROM REPRISAL
FOR DISCLOSURE OF CERTAIN INFORMATION.
``(a) Prohibition of Reprisals.--An employee of a
contractor may not be discharged, demoted, or otherwise
discriminated against as a reprisal for disclosing to a
Member of Congress or an authorized official of an executive
agency or the Department of Justice information relating to a
substantial violation of law related to a contract (including
the competition for or negotiation of a contract).
``(b) Investigation of Complaints.--A person who believes
that the person has been subjected to a reprisal prohibited
by subsection (a) may submit a complaint to the Inspector
General of the executive agency. Unless the Inspector General
determines that the complaint is frivolous, the Inspector
General shall investigate the complaint and, upon completion
of such investigation, submit a report of the findings of the
investigation to the person, the contractor concerned, and
the head of the agency. In the case of an executive agency
that does not have an inspector general, the duties of the
inspector general under this section shall be performed by an
official designated by the head of the executive agency.
``(c) Remedy and Enforcement Authority.--(1) If the head of
an executive agency determines that a contractor has
subjected a person to a reprisal prohibited by subsection
(a), the head of the executive agency may take one or more of
the following actions:
``(A) Order the contractor to take affirmative action to
abate the reprisal.
``(B) Order the contractor to reinstate the person to the
position that the person held before the reprisal, together
with the compensation (including back pay), employment
benefits, and other terms and conditions of employment that
would apply to the person in that position if the reprisal
had not been taken.
``(C) Order the contractor to pay the complainant an amount
equal to the aggregate amount of all costs and expenses
(including attorneys' fees and expert witnesses' fees) that
were reasonably incurred by the complainant for, or in
connection with, bringing the complaint regarding the
reprisal, as determined by the head of the executive agency.
``(2) Whenever a person fails to comply with an order
issued under paragraph (1), the head of the executive agency
shall file an action for enforcement of such order in the
United States district court for a district in which the
reprisal was found to have occurred. In any action brought
under this paragraph, the court may grant appropriate relief,
including injunctive relief and compensatory and exemplary
damages.
``(3) Any person adversely affected or aggrieved by an
order issued under paragraph (1) may obtain review of the
order's conformance with this subsection, and any regulations
issued to carry out this section, in the United States court
of appeals for a circuit in which the reprisal is alleged in
the order to have occurred. No petition seeking such review
may be filed more than 60 days after issuance of the order by
the head of the agency. Review shall conform to chapter 7 of
title 5, United States Code.
``(d) Construction.--Nothing in this section may be
construed to authorize the discharge of, demotion of, or
discrimination against an employee for a disclosure other
than a disclosure protected by subsection (a) or to modify or
derogate from a right or remedy otherwise available to the
employee.
``(e) Definitions.--In this section:
``(1) The term `contract' means a contract awarded by the
head of an executive agency.
``(2) The term `contractor' means a person awarded a
contract with an executive agency.
``(3) The term `Inspector General' means an Inspector
General appointed under the Inspector General Act of 1978.''.
SEC. 6007. COMPTROLLER GENERAL REVIEW OF THE PROVISION OF
LEGAL ADVICE FOR INSPECTORS GENERAL.
(a) Review and Report Required.--Not later than March 1,
1995, the Comptroller General of the United States shall--
(1) conduct a review of the independence of the legal
services being provided to Inspectors General appointed under
the Inspector General Act of 1978; and
(2) submit to Congress a report on the results of the
review.
(b) Matters Required for Report.--The report shall include
the following matters:
(1) With respect to each department or agency of the
Federal Government that has an Inspector General appointed in
accordance with the Inspector General Act of 1978 whose only
or principal source of legal advice is the general counsel or
other chief legal officer of the department or agency, an
assessment of the extent of the independence of the legal
advisers providing advice to the Inspector General.
(2) A comparison of the findings under the assessment
referred to in paragraph (1) with findings on the same
matters with respect to each Inspector General whose source
of legal advice is legal counsel accountable solely to the
Inspector General.
SEC. 6008. COST SAVINGS FOR OFFICIAL TRAVEL.
(a) Guidelines.--The Administrator of the General Services
Administration shall issue guidelines to ensure that agencies
promote, encourage, and facilitate the use of frequent
traveler programs offered by airlines, hotels, and car rental
vendors by Federal employees who engage in official air
travel, for the purpose of realizing to the maximum extent
practicable cost savings for official travel.
(b) Requirement.--Any awards granted under such a frequent
traveler program accrued through official travel shall be
used only for official travel.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Administrator shall report to
Congress on efforts to promote the use of frequent traveler
programs by Federal employees.
SEC. 6009. PROMPT RESOLUTION OF AUDIT RECOMMENDATIONS.
Federal agencies shall resolve or take corrective action on
all Office of Inspector General audit report findings within
a maximum of six months after their issuance, or, in the case
of audits performed by non-Federal auditors, six months after
receipt of the report by the Federal Government.
TITLE VII--SMALL BUSINESS AND SOCIOECONOMIC LAWS
Subtitle A--Small Business Laws
SEC. 7101. REPEAL OF CERTAIN REQUIREMENTS.
(a) Set-Aside Priority.--Section 15 of the Small Business
Act (15 U.S.C. 644) is amended by striking out subsections
(e) and (f).
(b) Certificate of Competence.--Section 804 of Public Law
102-484 (106 Stat. 2447; 10 U.S.C. 2305 note) is repealed.
SEC. 7102. CONTRACTING PROGRAM FOR CERTAIN SMALL BUSINESS
CONCERNS.
(a) Procurement Procedures Authorized.--(1) To facilitate
the attainment of a goal for the participation of small
business concerns owned and controlled by socially and
economically disadvantaged individuals that is established
for a Federal agency pursuant to section 15(g)(1) of the
Small Business Act (15 U.S.C. 644(g)(1)), the head of the
agency may enter into contracts using--
(A) less than full and open competition by restricting the
competition for such awards
[[Page 1944]]
to small business concerns owned and controlled by socially
and economically disadvantaged individuals described in
subsection (d)(3)(C) of section 8 of the Small Business Act
(15 U.S.C. 637); and
(B) a price evaluation preference not in excess of 10
percent when evaluating an offer received from such a small
business concern as the result of an unrestricted
solicitation.
(2) Paragraph (1) does not apply to the Department of
Defense, the Coast Guard, and the National Aeronautics and
Space Administration.
(b) Implementation Through the Federal Acquisition
Regulation.--
(1) In general.--The Federal Acquisition Regulation shall
be revised to provide for uniform implementation of the
authority provided in subsection (a).
(2) Matters to be addressed.--The revisions of the Federal
Acquisition Regulation made pursuant to paragraph (1) shall
include--
(A) conditions for the use of advance payments;
(B) provisions for contract payment terms that provide
for--
(i) accelerated payment for work performed during the
period for contract performance; and
(ii) full payment for work performed;
(C) guidance on how contracting officers may use, in
solicitations for various classes of products or services, a
price evaluation preference pursuant to subsection (a)(1)(B),
to provide a reasonable advantage to small business concerns
owned and controlled by socially and economically
disadvantaged individuals without effectively eliminating any
participation of other small business concerns; and
(D)(i) procedures for a person to request the head of a
Federal agency to determine whether the use of competitions
restricted to small business concerns owned and controlled by
socially and economically disadvantaged individuals at a
contracting activity of such agency has caused a particular
industry category to bear a disproportionate share of the
contracts awarded to attain the goal established for that
contracting activity; and
(ii) guidance for limiting the use of such restricted
competitions in the case of any contracting activity and
class of contracts determined in accordance with such
procedures to have caused a particular industry category to
bear a disproportionate share of the contracts awarded to
attain the goal established for that contracting activity.
(c) Termination.--This section shall cease to be effective
at the end of September 30, 2000.
SEC. 7103. EXTENSION OF TEST PROGRAM FOR NEGOTIATION OF
COMPREHENSIVE SMALL BUSINESS SUBCONTRACTING
PLANS.
Section 834(e) of the National Defense Authorization Act
for Fiscal Years 1990 and 1991 (Public Law 101-189; 15 U.S.C.
637 note) is amended by striking out ``September 30, 1994.''
in the second sentence and inserting in lieu thereof
``September 30, 1998.''.
SEC. 7104. SMALL BUSINESS PROCUREMENT ADVISORY COUNCIL.
(a) Establishment.--There is hereby established an
interagency council to be known as the ``Small Business
Procurement Advisory Council'' (hereinafter in this section
referred to as the ``Council'').
(b) Duties.--The duties of the Council are--
(1) to develop positions on proposed procurement
regulations affecting the small business community; and
(2) to submit comments reflecting such positions to
appropriate regulatory authorities.
(c) Membership.--The Council shall be composed of the
following members:
(1) The Administrator of the Small Business Administration
(or the designee of the Administrator).
(2) The Director of the Minority Business Development
Agency.
(3) The head of each Office of Small and Disadvantaged
Business Utilization (established under section 15(k) of the
Small Business Act (15 U.S.C. 644(k)) in each Federal agency
having procurement powers.
(d) Chairman.--The Council shall be chaired by the
Administrator of the Small Business Administration.
(e) Meetings.--The Council shall meet at the call of the
chairman as necessary to consider proposed procurement
regulations affecting the small business community.
(f) Consideration of Council Comments.--The Federal
Acquisition Regulatory Council and other appropriate
regulatory authorities shall consider comments submitted in a
timely manner pursuant to subsection (b)(2).
SEC. 7105. EXTENSION OF DEFENSE CONTRACT GOAL TO COAST GUARD
AND NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION.
Section 2323 of title 10, United States Code, is amended to
read as follows:
``Sec. 2323. Contract goal for small disadvantaged businesses
and certain institutions of higher education
``(a) Goal.--(1) Except as provided in subsection (d), a
goal of 5 percent of the amount described in subsection (b)
shall be the objective of the Department of Defense, the
Coast Guard, and the National Aeronautics and Space
Administration in each fiscal year for the total combined
amount obligated for contracts and subcontracts entered into
with--
``(A) small business concerns, including mass media and
advertising firms, owned and controlled by socially and
economically disadvantaged individuals (as such term is used
in section 8(d) of the Small Business Act (15 U.S.C. 637(d))
and regulations issued under that section), the majority of
the earnings of which directly accrue to such individuals;
``(B) historically Black colleges and universities,
including any nonprofit research institution that was an
integral part of such a college or university before November
14, 1986; and
``(C) minority institutions (as defined in section 1046(3)
of the Higher Education Act of 1965 (20 U.S.C. 1135d-5(3)),
which, for the purposes of this section, shall include
Hispanic-serving institutions (as defined in section
316(b)(1) of such Act (20 U.S.C. 1059c(b)(1)).
``(2) The head of the agency shall establish a specific
goal within the overall 5 percent goal for the award of prime
contracts and subcontracts to historically Black colleges and
universities and minority institutions in order to increase
the participation of such colleges and universities in the
program provided for by this section.
``(3) The Federal Acquisition Regulation (issued under
section 25(c) of the Office of Federal Procurement Policy Act
(41 U.S.C. 421(c)) shall provide procedures or guidelines for
contracting officers to set goals which agency prime
contractors that are required to submit subcontracting plans
under section 8(d)(4)(B) of the Small Business Act (15 U.S.C.
637(d)(4)(B)) in furtherance of the agency's program to meet
the 5 percent goal specified in paragraph (1) should meet in
awarding subcontracts, including subcontracts to minority-
owned media, to entities described in that paragraph.
``(b) Amount.--With respect to the Department of Defense,
the requirements of subsection (a) for any fiscal year apply
to the combined total of the following amounts:
``(A) Funds obligated for contracts entered into with the
Department of Defense for such fiscal year for procurement.
``(B) Funds obligated for contracts entered into with the
Department of Defense for such fiscal year for research,
development, test, and evaluation.
``(C) Funds obligated for contracts entered into with the
Department of Defense for such fiscal year for military
construction.
``(D) Funds obligated for contracts entered into with the
Department of Defense for operation and maintenance.
``(2) With respect to the Coast Guard, the requirements of
subsection (a) for any fiscal year apply to the total value
of all prime contract and subcontract awards entered into by
the Coast Guard for such fiscal year.
``(3) With respect to the National Aeronautics and Space
Administration, the requirements of subsection (a) for any
fiscal year apply to the total value of all prime contract
and subcontract awards entered into by the National
Aeronautics and Space Administration for such fiscal year.
``(c) Types of Assistance.--(1) To attain the goal
specified in subsection (a)(1), the head of an agency shall
provide technical assistance to the entities referred to in
that subsection and, in the case of historically Black
colleges and universities and minority institutions, shall
also provide infrastructure assistance.
``(2) Technical assistance provided under this section
shall include information about the program, advice about
agency procurement procedures, instruction in preparation of
proposals, and other such assistance as the head of the
agency considers appropriate. If the resources of the agency
are inadequate to provide such assistance, the head of the
agency may enter into contracts with minority private sector
entities with experience and expertise in the design,
development, and delivery of technical assistance services to
eligible individuals, business firms and institutions,
acquisition agencies, and prime contractors. Agency contracts
with such entities shall be awarded annually, based upon,
among other things, the number of minority small business
concerns, historically Black colleges and universities, and
minority institutions that each such entity brings into the
program.
``(3) Infrastructure assistance provided by the Department
of Defense under this section to historically Black colleges
and universities and to minority institutions may include
programs to do the following:
``(A) Establish and enhance undergraduate, graduate, and
doctoral programs in scientific disciplines critical to the
national security functions of the Department of Defense.
``(B) Make Department of Defense personnel available to
advise and assist faculty at such colleges and universities
in the performance of defense research and in scientific
disciplines critical to the national security functions of
the Department of Defense.
``(C) Establish partnerships between defense laboratories
and historically Black colleges and universities and minority
institutions for the purpose of training students in
scientific disciplines critical to the national security
functions of the Department of Defense.
``(D) Award scholarships, fellowships, and the
establishment of cooperative work-education programs in
scientific disciplines critical to the national security
functions of the Department of Defense.
``(E) Attract and retain faculty involved in scientific
disciplines critical to the national security functions of
the Department of Defense.
``(F) Equip and renovate laboratories for the performance
of defense research.
``(G) Expand and equip Reserve Officer Training Corps
activities devoted to scientific disciplines critical to the
national se-
[[Page 1945]]
curity functions of the Department of Defense.
``(H) Provide other assistance as the Secretary determines
appropriate to strengthen scientific disciplines critical to
the national security functions of the Department of Defense
or the college infrastructure to support the performance of
defense research.
``(4) The head of the agency shall, to the maximum extent
practical, carry out programs under this section at colleges,
universities, and institutions that agree to bear a
substantial portion of the cost associated with the programs.
``(d) Applicability.--Subsection (a) does not apply to the
Department of Defense--
``(1) to the extent to which the Secretary of Defense
determines that compelling national security considerations
require otherwise; and
``(2) if the Secretary notifies Congress of such
determination and the reasons for such determination.
``(e) Competitive Procedures and Advance Payments.--To
attain the goal of subsection (a):
``(1)(A) The head of the agency shall--
``(i) ensure that substantial progress is made in
increasing awards of agency contracts to entities described
in subsection (a)(1);
``(ii) exercise his utmost authority, resourcefulness, and
diligence;
``(iii) in the case of the Department of Defense, actively
monitor and assess the progress of the military departments,
Defense Agencies, and prime contractors of the Department of
Defense in attaining such goal; and
``(iv) in the case of the Coast Guard and the National
Aeronautics and Space Administration, actively monitor and
assess the progress of the prime contractors of the agency in
attaining such goal.
``(B) In making the assessment under clauses (iii) and (iv)
of subparagraph (A), the head of the agency shall evaluate
the extent to which use of the authority provided in
paragraphs (2) and (3) and compliance with the requirement in
paragraph (4) is effective for facilitating the attainment of
the goal.
``(2) To the extent practicable and when necessary to
facilitate achievement of the 5 percent goal described in
subsection (a), the head of an agency shall make advance
payments under section 2307 of this title to contractors
described in subsection (a). The Federal Acquisition
Regulation shall provide guidance to contracting officers for
making advance payments to entities described in subsection
(a)(1) under such section.
``(3) To the extent practicable and when necessary to
facilitate achievement of the 5 percent goal described in
subsection (a), the head an agency may enter into contracts
using less than full and open competitive procedures
(including awards under section 8(a) of the Small Business
Act) and partial set asides for entities described in
subsection (a)(1), but shall pay a price not exceeding fair
market cost by more than 10 percent in payment per contract
to contractors or subcontractors described in subsection (a).
The head an agency shall adjust the percentage specified in
the preceding sentence for any industry category if available
information clearly indicates that nondisadvantaged small
business concerns in such industry category are generally
being denied a reasonable opportunity to compete for
contracts because of the use of that percentage in the
application of this paragraph.
``(4) To the extent practicable, the head of an agency
shall maximize the number of minority small business
concerns, historically Black colleges and universities, and
minority institutions participating in the program.
``(5) Each head of an agency shall prescribe regulations
which provide for the following:
``(A) Procedures or guidance for contracting officers to
provide incentives for prime contractors referred to in
subsection (a)(3) to increase subcontractor awards to
entities described in subsection (a)(1).
``(B) A requirement that contracting officers emphasize the
award of contracts to entities described in subsection (a)(1)
in all industry categories, including those categories in
which such entities have not traditionally dominated.
``(C) Guidance to agency personnel on the relationship
among the following programs:
``(i) The program implementing this section.
``(ii) The program established under section 8(a) of the
Small Business Act (15 U.S.C. 637(a)).
``(iii) The small business set-aside program established
under section 15(a) of the Small Business Act (15 U.S.C.
644(a)).
``(D) With respect to an agency procurement which is
reasonably likely to be set aside for entities described in
subsection (a)(1), a requirement that (to the maximum extent
practicable) the procurement be designated as such a set-
aside before the solicitation for the procurement is issued.
``(E) Policies and procedures which, to the maximum extent
practicable, will ensure that current levels in the number or
dollar value of contracts awarded under the program
established under section 8(a) of the Small Business Act (15
U.S.C. 637(a)) and under the small business set-aside program
established under section 15(a) of the Small Business Act (15
U.S.C. 644(a)) are maintained and that every effort is made
to provide new opportunities for contract awards to eligible
entities, in order to meet the goal of subsection (a).
``(F) Implementation of this section in a manner which will
not alter the procurement process under the program
established under section 8(a) of the Small Business Act (15
U.S.C. 637(a)).
``(G) A requirement that one factor used in evaluating the
performance of a contracting officer be the ability of the
officer to increase contract awards to entities described in
subsection (a)(1).
``(H) Increased technical assistance to entities described
in subsection (a)(1).
``(f) Penalties and Regulations Relating to Status.--(1)
Whoever for the purpose of securing a contract or subcontract
under subsection (a) misrepresents the status of any concern
or person as a small business concern owned and controlled by
a minority (as described in subsection (a)), shall be
punished by imprisonment for not more than one year, or a
fine under title 18, or both.
``(2) The Federal Acquisition Regulation shall prohibit
awarding a contract under this section to an entity described
in subsection (a)(1) unless the entity agrees to comply with
the requirements of section 15(o)(1) of the Small Business
Act (15 U.S.C. 644(o)(1)).
``(g) Industry Categories.--(1) To the maximum extent
practicable, the head of the agency shall--
``(A) ensure that no particular industry category bears a
disproportionate share of the contracts awarded to attain the
goal established by subsection (a); and
``(B) ensure that contracts awarded to attain the goal
established by subsection (a) are made across the broadest
possible range of industry categories.
``(2) Under procedures prescribed by the head of the
agency, a person may request the Secretary to determine
whether the use of small disadvantaged business set asides by
a contracting activity of the agency has caused a particular
industry category to bear a disproportionate share of the
contracts awarded to attain the goal established for that
contracting activity for the purposes of this section. Upon
making a determination that a particular industry category is
bearing a disproportionate share, the head of the agency
shall take appropriate actions to limit the contracting
activity's use of set asides in awarding contracts in that
particular industry category.
``(h) Compliance With Subcontracting Plan Requirements.--
(1) The Federal Acquisition Regulation shall contain
regulations to ensure that potential contractors submitting
sealed bids or competitive proposals to the agency for
procurement contracts to be awarded under the program
provided for by this section are complying with applicable
subcontracting plan requirements of section 8(d) of the Small
Business Act (15 U.S.C. 637(d)).
``(2) The regulations required by paragraph (1) shall
ensure that, with respect to a sealed bid or competitive
proposal for which the bidder or offeror is required to
negotiate or submit a subcontracting plan under section 8(d)
of the Small Business Act (15 U.S.C. 637(d)), the
subcontracting plan shall be a factor in evaluating the bid
or proposal.
``(i) Annual Report.--(1) Not later than December 15 of
each year, the head of the agency shall submit to Congress a
report on the progress of the agency toward attaining the
goal of subsection (a) during the preceding fiscal year.
``(2) The report required under paragraph (1) shall include
the following:
``(A) A full explanation of any progress toward attaining
the goal of subsection (a).
``(B) A plan to achieve the goal, if necessary.
``(3) The report required under paragraph (1) shall also
include the following:
``(A) The aggregate differential between the fair market
price of all contracts awarded pursuant to subsection (e)(3)
and the estimated fair market price of all such contracts had
such contracts been entered into using full and open
competitive procedures.
``(B) An analysis of the impact that subsection (a) shall
have on the ability of small business concerns not owned and
controlled by socially and economically disadvantaged
individuals to compete for contracts with the agency.
``(C) A description of the percentage of contracts
(actions), the total dollar amount (size of action), and the
number of different entities relative to the attainment of
the goal of subsection (a), separately for Black Americans,
Native Americans, Hispanic Americans, Asian Pacific
Americans, and other minorities.
``(j) Definitions.--In this section:
``(1) The term `agency' means the Department of Defense,
the Coast Guard, and the National Aeronautics and Space
Administration.
``(2) The term `head of an agency' means the Secretary of
Defense, the Secretary of Transportation, and the
Administrator of the National Aeronautics and Space
Administration.
``(k) Effective Date.--(1) This section applies in the
Department of Defense to each of fiscal years 1987 through
2000.
``(2) This section applies in the Coast Guard and the
National Aeronautics and Space Administration in each of
fiscal years 1995 through 2000.''.
SEC. 7106. PROCUREMENT GOALS FOR SMALL BUSINESS CONCERNS
OWNED BY WOMEN.
(a) Goals.--Section 15 of the Small Business Act (15 U.S.C.
644) is amended--
(1) by striking out ``and small business concerns owned and
controlled by socially and economically disadvantaged
individuals'' each place it appears in the first sentence and
fourth sentences of subsection (g)(1), the second sentence of
subsection
[[Page 1946]]
(g)(2), and paragraphs (1), (2)(A), (2)(D), and (2)(E) of
subsection (h) and inserting in lieu thereof ``, small
business concerns owned and controlled by socially and
economically disadvantaged individuals, and small business
concerns owned and controlled by women'';
(2) in subsection (g)--
(A) by inserting after the third sentence of paragraph (1)
the following: ``The Government-wide goal for participation
by small business concerns owned and controlled by women
shall be established at not less than 5 percent of the total
value of all prime contract and subcontract awards for each
fiscal year.'';
(B) in the first sentence of paragraph (2), by striking out
``and by small business concerns owned and controlled by
socially and economically disadvantaged individuals,'' and
inserting in lieu thereof ``, by small business concerns
owned and controlled by socially and economically
disadvantaged individuals, and by small business concerns
owned and controlled by women''; and
(C) in the fourth sentence of paragraph (2), by inserting
after ``including participation by small business concerns
owned and controlled by socially and economically
disadvantaged individuals'' the following: ``and
participation by small business concerns owned and controlled
by women''; and
(3) in subsection (h)(2)(F), by striking out ``women-owned
small business enterprises'' and inserting in lieu thereof
``small business concerns owned and controlled by women''.
(b) Subcontract Participation.--Section 8(d) of such Act
(15 U.S.C. 637(d)) is amended--
(1) by striking out ``and small business concerns owned and
controlled by socially and economically disadvantaged
individuals'' both places it appears in paragraph (1), both
places it appears in paragraph (3)(A), in paragraph (4)(D),
in subparagraphs (A), (C), and (F) of paragraph (6), and in
paragraph (10)(B) and inserting in lieu thereof ``, small
business concerns owned and controlled by socially and
economically disadvantaged individuals, and small business
concerns owned and controlled by women'';
(2) by striking out subparagraph (D) in paragraph (3) and
inserting in lieu thereof the following:
``(E) Contractors acting in good faith may rely on written
representations by their subcontractors regarding their
status as either a small business concern, a small business
concern owned and controlled by socially and economically
disadvantaged individuals, or a small business concern owned
and controlled by women.'';
(3) in paragraph (3), by inserting after subparagraph (C)
the following new subparagraph (D):
``(D) The term `small business concern owned and controlled
by women' shall mean a small business concern--
``(i) which is at least 51 per centum owned by one or more
women; or, in the case of any publicly owned business, at
least 51 per centum of the stock of which is owned by one or
more women; and
``(ii) whose management and daily business operations are
controlled by one or more women.''; and
(4) in paragraph (4)(E), by inserting ``and for small
business concerns owned and controlled by women'' after ``as
defined in paragraph (3) of this subsection''.
(c) Misrepresentations of Status.--(1) Subsection (d)(1) of
section 16 of such Act (15 U.S.C. 645) is amended by striking
out ``or `small business concern owned and controlled by
socially and economically disadvantaged individuals' '' and
inserting in lieu thereof ``, a `small business concern owned
and controlled by socially and economically disadvantaged
individuals', or a `small business concerns owned and
controlled by women' ''.
(2) Subsection (e) of such section is amended by striking
out ``or `small business concern owned and controlled by
socially and economically disadvantaged individuals' '' and
inserting in lieu thereof ``, a `small business concern owned
and controlled by socially and economically disadvantaged
individuals', or a `small business concerns owned and
controlled by women' ''.
(d) Definition.--Section 3 of such Act (15 U.S.C. 632) is
amended by adding at the end the following new subsection:
``(n) For the purposes of this Act, a small business
concern is a small business concern owned and controlled by
women if--
``(1) at least 51 percent of small business concern is
owned by one or more women or, in the case of any publicly
owned business, at least 51 percent of the stock of which is
owned by one or more women; and
``(2) the management and daily business operations of the
business are controlled by one or more women.''.
SEC. 7107. DEVELOPMENT OF DEFINITIONS REGARDING CERTAIN SMALL
BUSINESS CONCERNS.
(a) Review Required.--(1) The Administrator for Federal
Procurement Policy shall conduct a comprehensive review of
Federal laws, as in effect on November 1, 1994, to identify
and catalogue all of the provisions in such laws that define
(or describe for definitional purposes) the small business
concerns set forth in paragraph (2) for purposes of
authorizing the participation of such small business concerns
as prime contractors or subcontractors in--
(A) contracts awarded directly by the Federal Government or
subcontracts awarded under such contracts; or
(B) contracts and subcontracts funded, in whole or in part,
by Federal financial assistance under grants, cooperative
agreements, or other forms of Federal assistance.
(2) The small business concerns referred to in paragraph
(1) are as follows:
(A) Small business concerns owned and controlled by
socially and economically disadvantaged individuals.
(B) Minority-owned small business concerns.
(C) Small business concerns owned and controlled by women.
(D) Woman-owned small business concerns.
(b) Matters To Be Developed.--On the basis of the results
of the review carried out under subsection (a), the
Administrator for Federal Procurement Policy shall develop--
(1) uniform definitions for the small business concerns
referred to in subsection (a)(2);
(2) uniform agency certification standards and procedures
for--
(A) determinations of whether a small business concern
qualifies as a small business concern referred to in
subsection (a)(2) under an applicable standard for purposes
of contracts and subcontracts referred to in subsection
(a)(1); and
(B) reciprocal recognition by an agency of a decision of
another agency regarding whether a small business concern
qualifies as a small business concern referred to in
subsection (a)(2) for such purposes; and
(3) such other related recommendations as the Administrator
determines appropriate consistent with the review results.
(c) Procedures and Schedule.--(1) The Administrator for
Federal Procurement Policy shall provide for the
participation in the review and activities under subsections
(a) and (b) by representatives of--
(A) the Small Business Administration (including the Office
of the Chief Counsel for Advocacy);
(B) the Minority Business Development Agency of the
Department of Commerce;
(C) the Department of Transportation;
(D) the Environmental Protection Agency; and
(E) such other executive departments and agencies as the
Administrator considers appropriate.
(2) In carrying out subsections (a) and (b), the
Administrator shall consult with representatives of
organizations representing--
(A) minority-owned business enterprises;
(B) women-owned business enterprises; and
(C) other organizations that the Administrator considers
appropriate.
(3) Not later than 60 days after the date of the enactment
of this Act, the Administrator shall publish in the Federal
Register a notice which--
(A) lists the provisions of law identified in the review
carried out under subsection (a);
(B) describes the matters to be developed on the basis of
the results of the review pursuant to subsection (b);
(C) solicits public comment regarding the matters described
in the notice pursuant to subparagraphs (A) and (B) for a
period of not less than 60 days; and
(D) addresses such other matters as the Administrator
considers appropriate to ensure the comprehensiveness of the
review and activities under subsections (a) and (b).
(d) Report.--Not later than May 1, 1996, the Administrator
for Federal Procurement Policy shall submit to the Committees
on Small Business of the Senate and the House of
Representatives a report on the results of the review carried
out under subsection (a) and the actions taken under
subsection (b). The report shall include a discussion of the
results of the review, a description of the consultations
conducted and public comments received, and the
Administrator's recommendations with regard to the matters
identified under subsection (b).
SEC. 7108. FUNCTIONS OF OFFICE OF FEDERAL PROCUREMENT POLICY
RELATING TO SMALL BUSINESS.
(a) Policies.--Section 6(d) of the Office of Federal
Procurement Policy Act (41 U.S.C. 405(d)) is amended by
adding after paragraph (9), as added by section 5091, the
following new paragraphs:
``(10) developing policies, in consultation with the
Administrator of the Small Business Administration, that
ensure that small businesses, small businesses owned and
controlled by socially and economically disadvantaged
individuals, and small businesses owned and controlled by
women are provided with the maximum practicable opportunities
to participate in procurements that are conducted for amounts
below the simplified acquisition threshold;
``(11) developing policies that will promote achievement of
goals for participation by small businesses, small businesses
owned and controlled by socially and economically
disadvantaged individuals, and small business owned and
controlled by women; and''.
(b) Education and Training.--Section 6(d)(5) of the Office
of Federal Procurement Policy Act (41 U.S.C. 405(d)(5)) is
amended--
(1) by striking out ``and'' at the end of subparagraph (A);
(2) by striking out the semicolon at the end of
subparagraph (B) and inserting in lieu thereof ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) establish policies and procedures for the
establishment and implementation of education and training
programs authorized by this Act, including the establishment
and implementation of training, in conjunction with the
General Services Administration, for critical procurement
personnel designed to increase the participation of small
business concerns owned and controlled by socially and
economically disadvantaged individuals, women, and other
minorities in pro-
[[Page 1947]]
curement activities conducted by an executive agency.''.
Subtitle B--Socioeconomic Laws
SEC. 7201. ACQUISITIONS GENERALLY.
The Act of June 30, 1936 (41 U.S.C. 35 et seq.), commonly
referred to as the ``Walsh-Healey Act'', is amended--
(1) in the first section, by striking out subsection (a)
and redesignating subsections (b), (c), (d), and (e), as
subsections (a), (b), (c), and (d), respectively;
(2) in section 10(b) by striking out ``manufacturer of, or
regular dealer in,'' and inserting in lieu thereof ``supplier
of'';
(3) in section 10(c) by striking out `` `regular dealer',
`manufacturer',''; and
(4) by adding at the end the following new sections:
``Sec. 11. (a) The Secretary of Labor may prescribe in
regulations the standards for determining whether a
contractor is a manufacturer of or a regular dealer in
materials, supplies, articles, or equipment to be
manufactured or used in the performance of a contract entered
into by any executive department, independent establishment,
or other agency or instrumentality of the United States, or
by the District of Columbia, or by any corporation all the
stock of which is beneficially owned by the United States,
for the manufacture or furnishing of materials, supplies,
articles, and equipment.
``(b) Any interested person shall have the right of
judicial review of any legal question regarding the
interpretation of the terms `regular dealer' and
`manufacturer', as defined pursuant to subsection (a).''.
SEC. 7202. PROHIBITION ON USE OF FUNDS FOR DOCUMENTING
ECONOMIC OR EMPLOYMENT IMPACT OF CERTAIN
ACQUISITION PROGRAMS.
(a) Revision and Codification.--(1) Subchapter I of
chapter 134 of title 10, United States Code, is amended by
adding at the end the following new section:
``Sec. 2247. Prohibition on use of funds for documenting
economic or employment impact of certain acquisition
programs
``No funds appropriated by the Congress may be obligated or
expended to assist any contractor of the Department of
Defense in preparing any material, report, lists, or analysis
with respect to the actual or projected economic or
employment impact in a particular State or congressional
district of an acquisition program for which all research,
development, testing, and evaluation has not been
completed.''.
(2) The table of sections at the beginning of such
subchapter is amended by adding at the end the following new
item:
``2247. Prohibition on use of funds for documenting economic or
employment impact of certain acquisition programs.''.
(b) Repeal of Superseded Law.--Section 9048 of Public Law
102-396 (106 Stat. 1913) is repealed.
SEC. 7203. MERIT-BASED AWARD OF CONTRACTS AND GRANTS.
(a) Armed Services Acquisitions.--(1) Section 2304 of title
10, United States Code, as amended by section 1005, is
further amended--
(A) in subsection (c)(5), by inserting ``subject to
subsection (j),'' after ``(5)''; and
(B) by adding at the end the following new subsection:
``(j)(1) It is the policy of Congress that an agency named
in section 2303(a) of this title should not be required by
legislation to award a new contract to a specific non-Federal
Government entity. It is further the policy of Congress that
any program, project, or technology identified in legislation
be procured through merit-based selection procedures.
``(2) A provision of law may not be construed as requiring
a new contract to be awarded to a specified non-Federal
Government entity unless that provision of law--
``(A) specifically refers to this subsection;
``(B) specifically identifies the particular non-Federal
Government entity involved; and
``(C) specifically states that the award to that entity is
required by such provision of law in contravention of the
policy set forth in paragraph (1).
``(3) For purposes of this subsection, a contract is a new
contract unless the work provided for in the contract is a
continuation of the work performed by the specified entity
under a preceding contract.
``(4) This subsection shall not apply with respect to any
contract that calls upon the National Academy of Sciences to
investigate, examine, or experiment upon any subject of
science or art of significance to an agency named in section
2303(a) of this title and to report on such matters to the
Congress or any agency of the Federal Government.''.
(2) Chapter 139 of title 10, United States Code, is amended
by adding at the end the following new section:
``Sec. 2374. Merit-based award of grants for research and
development
``(a) It is the policy of Congress that an agency named in
section 2303(a) of this title should not be required by
legislation to award a new grant for research, development,
test, or evaluation to a non-Federal Government entity. It is
further the policy of Congress that any program, project, or
technology identified in legislation be awarded through
merit-based selection procedures.
``(b) A provision of law may not be construed as requiring
a new grant to be awarded to a specified non-Federal
Government entity unless that provision of law--
``(1) specifically refers to this subsection;
``(2) specifically identifies the particular non-Federal
Government entity involved; and
``(3) specifically states that the award to that entity is
required by such provision of law in contravention of the
policy set forth in subsection (a).
``(c) For purposes of this section, a grant is a new grant
unless the work provided for in the grant is a continuation
of the work performed by the specified entity under a
preceding grant.
``(d) This section shall not apply with respect to any
grant that calls upon the National Academy of Sciences to
investigate, examine, or experiment upon any subject of
science or art of significance to an agency named in section
2303(a) of this title and to report on such matters to the
Congress or any agency of the Federal Government.''.
(3) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``2374. Merit-based award of grants for research and development.''.
(b) Civilian Agency Acquisitions.--(1) Section 303 of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253) is amended--
(A) in subsection (c)(5), by inserting ``subject to
subsection (h),'' after ``(5)''; and
(B) by adding at the end the following new subsection:
``(h)(1) It is the policy of Congress that an executive
agency should not be required by legislation to award a new
contract to a specific non-Federal Government entity. It is
further the policy of Congress that any program, project, or
technology identified in legislation be procured through
merit-based selection procedures.
``(2) A provision of law may not be construed as requiring
a new contract to be awarded to a specified non-Federal
Government entity unless that provision of law--
``(A) specifically refers to this subsection;
``(B) specifically identifies the particular non-Federal
Government entity involved; and
``(C) specifically states that the award to that entity is
required by such provision of law in contravention of the
policy set forth in paragraph (1).
``(3) For purposes of this subsection, a contract is a new
contract unless the work provided for in the contract is a
continuation of the work performed by the specified entity
under a preceding contract.
``(4) This subsection shall not apply with respect to any
contract that calls upon the National Academy of Sciences to
investigate, examine, or experiment upon any subject of
science or art of significance to an executive agency and to
report on such matters to the Congress or any agency of the
Federal Government.''.
(2) Title III of such Act, as amended by section 6006, is
further amended by adding at the end the following new
section:
``SEC. 316. MERIT-BASED AWARD OF GRANTS FOR RESEARCH AND
DEVELOPMENT
``(a) Policy.--It is the policy of Congress that an
executive agency should not be required by legislation to
award a new grant for research, development, test, or
evaluation to a non-Federal Government entity. It is further
the policy of Congress that any program, project, or
technology identified in legislation be awarded through
merit-based selection procedures.
``(b) Rule of Construction.--A provision of law may not be
construed as requiring a new grant to be awarded to a
specified non-Federal Government entity unless that provision
of law--
``(1) specifically refers to this subsection;
``(2) specifically identifies the particular non-Federal
Government entity involved; and
``(3) specifically states that the award to that entity is
required by such provision of law in contravention of the
policy set forth in subsection (a).
``(c) New Grant Defined.--For purposes of this section, a
grant is a new grant unless the work provided for in the
grant is a continuation of the work performed by the
specified entity under a preceding grant.
``(d) Inapplicability to Certain Grants.--This section
shall not apply with respect to any grant that calls upon the
National Academy of Sciences to investigate, examine, or
experiment upon any subject of science or art of significance
to an executive agency and to report on such matters to
Congress or any agency of the Federal Government.''.
SEC. 7204. MAXIMUM PRACTICABLE OPPORTUNITIES FOR APPRENTICES
ON FEDERAL CONSTRUCTION PROJECTS.
It is the sense of the House of Representatives that--
(1) contractors performing Federal construction contracts
should, to the maximum extent practicable, give preference in
the selection of subcontractors to subcontractors
participating in apprenticeship programs registered with the
Department of Labor or with a State apprenticeship agency
recognized by such Department; and
(2) contractors and subcontractors performing Federal
construction contracts should provide maximum practicable
opportunities for employment of apprentices who are
participating in or who have completed such apprenticeship
programs.
SEC. 7205. REPEAL OF OBSOLETE PROVISION.
Section 308 of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 258) is repealed.
[[Page 1948]]
SEC. 7206. REPEAL OF OBSOLETE AND REDUNDANT PROVISIONS OF
LAW.
(a) Repeal of Requirement for Policy Guidance.--Title III
of the Act of March 3, 1933 (41 U.S.C. 10a et seq.), commonly
referred to as the ``Buy American Act'', is amended in
section 4(g) (41 U.S.C. 10b-1(g)) by striking out paragraphs
(2)(C) and (3).
(b) Repeal of Reporting Requirement.--Section 9096(b) of
Public Law 102-396 (106 Stat. 1924; 41 U.S.C. 10b-2(b)) is
repealed.
(c) Repeal of Studies of Waivers.--Section 306 of the Trade
Agreements Act of 1979 (19 U.S.C. 2516) is repealed.
Subtitle C--Waiver of Application of Prevailing Wage-Setting
Requirements to Volunteers
SEC. 7301. SHORT TITLE.
This subtitle may be cited as the ``Community Improvement
Volunteer Act of 1994''.
SEC. 7302. PURPOSE.
It is the purpose of this subtitle to promote and provide
opportunities for people who wish to volunteer their services
to State or local governments, public agencies, or nonprofit
charitable organizations in the construction, repair or
alteration (including painting and decorating) of public
buildings and public works that are funded, in whole or in
part, with Federal financial assistance authorized under
certain Federal programs and that might not otherwise be
possible without the use of volunteers.
SEC. 7303. WAIVER FOR INDIVIDUALS WHO PERFORM VOLUNTEER
SERVICES FOR PUBLIC ENTITIES.
(a) In General.--The requirement that certain laborers and
mechanics be paid in accordance with the wage-setting
provisions of the Act of March 3, 1931 (commonly known as the
``Davis-Bacon Act'') (40 U.S.C. 276a et seq.) as set forth in
any of the Acts or provisions described in section 7305 shall
not apply to an individual--
(1) who volunteers--
(A) to perform a service directly to a State or local
government or a public agency for civic, charitable, or
humanitarian reasons, without promise, expectation, or
receipt of compensation for services rendered, other than
expenses, reasonable benefits, or a nominal fee (as defined
in subsection (b)), but solely for the personal purpose or
pleasure of the individual; and
(B) to provide such services freely and without pressure or
coercion, direct or implied, from any employer;
(2) whose contribution of service is not for the direct or
indirect benefit of any contractor otherwise performing or
seeking to perform work on the same project for which the
individual is volunteering;
(3) who is not employed by and does not provide services to
a contractor or subcontractor at any time on the federally
assisted or insured project for which the individual is
volunteering; and
(4) who is not otherwise employed by the same public agency
to perform the same type of services as those for which the
individual proposes to volunteer.
(b) Expenses.--Payments of expenses, reasonable benefits,
or a nominal fee may be provided to volunteers described in
subsection (a) only in accordance with regulations issued by
the Secretary of Labor. In prescribing the regulations, the
Secretary shall take into consideration criteria such as the
total amount of payments made (relating to expenses,
benefits, or fees) in the context of the economic realities.
The regulations shall include provisions that provide that--
(1) a payment for an expense may be received by a volunteer
for items such as uniform allowances, protective gear and
clothing, reimbursement for approximate out-of-pocket
expenses, or for the cost or expense of meals and
transportation;
(2) a reasonable benefit may include the inclusion of a
volunteer in a group insurance plan (such as a liability,
health, life, disability, or worker's compensation plan) or
pension plan, or the awarding of a length of service award;
and
(3) a nominal fee may not be used as a substitute for
compensation and may not be connected to productivity.
The decision as to what constitutes a nominal fee for
purposes of paragraph (3) shall be determined based on the
context of the economic realities of the situation involved
and shall be made by the Secretary of Labor.
(c) Economic Reality.--For purposes of subsection (b), in
determining whether an expense, benefit, or fee described in
such subsection may be paid to volunteers in the context of
the economic realities of the particular situation, the
Secretary of Labor may not permit any such expense, benefit,
or fee that has the effect of undermining labor standards by
creating downward pressure on prevailing wages in the local
construction industry.
SEC. 7304. WAIVER FOR INDIVIDUALS WHO PERFORM VOLUNTEER
SERVICES FOR NONPROFIT ENTITIES.
The requirement that certain laborers and mechanics be paid
in accordance with the wage-setting provisions of the Act of
March 3, 1931 (commonly known as the ``Davis-Bacon Act'') (40
U.S.C. 276a et seq.) as set forth in any of the Acts or
provisions described in section 7305 shall not apply to any
individual--
(1) who volunteers--
(A) to perform a service directly to a public or private
nonprofit recipient of Federal assistance for civic,
charitable, or humanitarian reasons, without promise,
expectation, or receipt of compensation for services
rendered, but solely for the personal purpose or pleasure of
the individual; and
(B) to provide such services freely and without pressure or
coercion, direct or implied, from any employer;
(2) whose contribution of service is not for the direct or
indirect benefit of any contractor otherwise performing or
seeking to perform work on the same project for which the
individual is volunteering;
(3) who is not employed by and does not provide services to
a contractor or subcontractor at any time on the federally
assisted or insured project for which the individual is
volunteering; and
(4) who is not otherwise employed by the recipient of
Federal assistance to perform the same type of services as
those for which the individual proposes to volunteer.
SEC. 7305. CONTRACTS AFFECTED.
For purposes of sections 7303 and 7304, the Acts or
provisions described in this section are--
(1) the Library Services and Construction Act (20 U.S.C.
351 et seq.);
(2) the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450 et seq.);
(3) section 329 of the Public Health Service Act (42 U.S.C.
254b);
(4) section 330 of the Public Health Service Act (42 U.S.C.
254c);
(5) the Indian Health Care Improvement Act (25 U.S.C. 1601
et seq.); and
(6) the Housing and Community Development Act of 1974 (42
U.S.C. 5301 et seq.).
SEC. 7306. REPORT.
Not later than December 31, 1997, the Secretary of Labor
shall prepare and submit to the appropriate committees of
Congress a report that--
(1) to the maximum extent practicable--
(A) identifies and assesses the barriers that prevent
private for-profit entities from using volunteers permitted
under this subtitle; and
(B) assesses whether private for-profit entities should be
permitted to use volunteers on projects relating to the
construction, repair, or alteration of public buildings and
public works if--
(i) such volunteers are performing services for civic,
charitable, humanitarian or educational reasons;
(ii) the contribution of such services is not for the
direct or indirect benefit of the private for-profit entity
that is performing or seeking to perform work on such
projects; and
(iii) such projects would not otherwise be possible without
the use of volunteers; and
(2) contains recommendations with respect to other Acts
related to the Davis-Bacon Act that may be considered in
legislation to permit volunteer work.
TITLE VIII--COMMERCIAL ITEMS
Subtitle A--Definitions and Regulations
SEC. 8001. DEFINITIONS.
(a) Definitions.--Section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403) is amended by adding
at the end the following new paragraphs:
``(12) The term `commercial item' means any of the
following:
``(A) Any item, other than real property, that is of a type
customarily used by the general public or by nongovernmental
entities for purposes other than governmental purposes, and
that--
``(i) has been sold, leased, or licensed to the general
public; or
``(ii) has been offered for sale, lease, or license to the
general public.
``(B) Any item that evolved from an item described in
subparagraph (A) through advances in technology or
performance and that is not yet available in the commercial
marketplace, but will be available in the commercial
marketplace in time to satisfy the delivery requirements
under a Federal Government solicitation.
``(C) Any item that, but for--
``(i) modifications of a type customarily available in the
commercial marketplace, or
``(ii) minor modifications made to meet Federal Government
requirements,
would satisfy the criteria in subparagraph (A) or (B).
``(D) Any combination of items meeting the requirements of
subparagraph (A), (B), (C), or (E) that are of a type
customarily combined and sold in combination to the general
public.
``(E) Installation services, maintenance services, repair
services, training services, and other services if such
services are procured for support of an item referred to in
subparagraph (A), (B), (C), or (D) and if the source of such
services--
``(i) offers such services to the general public and the
Federal Government contemporaneously and under similar terms
and conditions; and
``(ii) offers to use the same work force for providing the
Federal Government with such services as the source uses for
providing such services to the general public.
``(F) Services offered and sold competitively, in
substantial quantities, in the commercial marketplace based
on established catalog prices for specific tasks performed
and under standard commercial terms and conditions.
``(G) Any item, combination of items, or service referred
to in subparagraphs (A) through (F) notwithstanding the fact
that the item, combination of items, or service is
transferred between or among separate divisions,
subsidiaries, or affiliates of a contractor.
``(H) A nondevelopmental item, if the procuring agency
determines, in accordance with conditions set forth in the
Federal Acquisition Regulation, that the item was developed
exclusively at private expense and has been sold in
substantial quantities, on a
[[Page 1949]]
competitive basis, to multiple State and local governments.
``(13) The term `nondevelopmental item' means any of the
following:
``(A) Any commercial item.
``(B) Any previously developed item of supply that is in
use by a department or agency of the United States, a State
or local government, or a foreign government with which the
United States has a mutual defense cooperation agreement.
``(C) Any item of supply described in subparagraph (A) or
(B) that requires only minor modification or modification of
the type customarily available in the commercial marketplace
in order to meet the requirements of the procuring department
or agency.
``(D) Any item of supply currently being produced that does
not meet the requirements of subparagraph (A), (B), or (C)
solely because the item is not yet in use.
``(14) The term `component' means any item supplied to the
Federal Government as part of an end item or of another
component.
``(15) The term `commercial component' means any component
that is a commercial item.''.
(b) Stylistic Amendments.--Such section is further
amended--
(1) by striking out ``Act--'' in the matter preceding
paragraph (1) and inserting in lieu thereof ``Act:'';
(2) by capitalizing the first letter of the first word in
each of paragraphs (1) through (11);
(3) by striking out the semicolon at the end of each of
paragraphs (1), (2), (3), (5), (6), (7), (8), and (9) and
inserting in lieu thereof a period; and
(4) by striking out ``; and'' at the end of paragraphs (4)
and (10) and inserting in lieu thereof a period.
SEC. 8002. REGULATIONS ON ACQUISITION OF COMMERCIAL ITEMS.
(a) In General.--The Federal Acquisition Regulation shall
provide regulations to implement paragraphs (12) through (15)
of section 4 of the Office of Federal Procurement Policy Act,
chapter 140 of title 10, United States Code, and sections 314
through 314B of the Federal Property and Administrative
Services Act of 1949.
(b) Contract Clauses.--(1) The regulations prescribed under
subsection (a) shall contain a list of contract clauses to be
included in contracts for the acquisition of commercial end
items. Such list shall, to the maximum extent practicable,
include only those contract clauses--
(A) that are required to implement provisions of law or
executive orders applicable to acquisitions of commercial
items or commercial components, as the case may be; or
(B) that are determined to be consistent with standard
commercial practice.
(2) Such regulations shall provide that a prime contractor
shall not be required by the Federal Government to apply to
any of its divisions, subsidiaries, affiliates,
subcontractors, or suppliers that are furnishing commercial
items any contract clause except those--
(A) that are required to implement provisions of law or
executive orders applicable to subcontractors furnishing
commercial items or commercial components, as the case may
be; or
(B) that are determined to be consistent with standard
commercial practice.
(3) To the maximum extent practicable, only the contract
clauses listed pursuant to paragraph (1) may be used in a
contract, and only the contract clauses referred to in
paragraph (2) may be required to be used in a subcontract,
for the acquisition of commercial items or commercial
components by or for an executive agency.
(4) The Federal Acquisition Regulation shall provide
standards and procedures for waiving the use of contract
clauses required pursuant to paragraph (1), other than those
required by law, including standards for determining the
cases in which a waiver is appropriate.
(5) For purposes of this subsection, the term `subcontract'
includes a transfer of commercial items between divisions,
subsidiaries, or affiliates of a contractor or subcontractor.
(c) Market Acceptance.--(1) The Federal Acquisition
Regulation shall provide that under appropriate conditions
the head of an executive agency may require offerors to
demonstrate that the items offered--
(A) have either--
(i) achieved commercial market acceptance; or
(ii) been satisfactorily supplied to an executive agency
under current or recent contracts for the same or similar
requirements; and
(B) otherwise meet the item description, specifications, or
other criteria prescribed in the public notice and
solicitation relating to the contract.
(2) The Federal Acquisition Regulation shall provide
guidance to ensure that the criteria for determining
commercial market acceptance include the consideration of--
(A) the minimum needs of the executive agency concerned;
and
(B) the entire relevant commercial market, including small
businesses.
(d) Use of Firm, Fixed Price Contracts.--The Federal
Acquisition Regulation shall include, for acquisitions of
commercial items--
(1) a requirement that firm, fixed price contracts or fixed
price with economic price adjustment contracts be used to the
maximum extent practicable; and
(2) a prohibition on use of cost type contracts.
(e) Contract Quality Requirements.--The regulations
prescribed under subsection (a) shall include provisions
that--
(1) permit, to the maximum extent practicable, a contractor
under a commercial items acquisition to use the existing
quality assurance system of the contractor as a substitute
for compliance with an otherwise applicable requirement for
the Government to inspect or test the commercial items before
the contractor's tender of those items for acceptance by the
Government;
(2) require that, to the maximum extent practicable, the
executive agency take advantage of warranties (including
extended warranties) offered by offerors of commercial items
and use such warranties for the repair and replacement of
commercial items; and
(3) set forth guidance regarding the use of past
performance of commercial items and sources as a factor in
contract award decisions.
(f) Defense Contract Clauses.--(1) Section 824(b) of the
National Defense Authorization Act for Fiscal Years 1990 and
1991 (Public Law 101-189; 10 U.S.C. 2325 note) shall cease to
be effective on the date on which the regulations
implementing this section become effective.
(2) Notwithstanding subsection (b), a contract of the
Department of Defense entered into before the date on which
section 824(b) ceases to be effective under paragraph (1),
and a subcontract entered into before such date under such a
contract, may include clauses developed pursuant to
paragraphs (2) and (3) of section 824(b) of the National
Defense Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101-189; 10 U.S.C. 2325 note).
SEC. 8003. LIST OF INAPPLICABLE LAWS IN FEDERAL ACQUISITION
REGULATION.
(a) List.--The Office of Federal Procurement Policy Act (41
U.S.C. 401 et seq.), is amended by adding after section 33,
as added by section 4101, the following new section:
``SEC. 34. LIST OF LAWS INAPPLICABLE TO PROCUREMENTS OF
COMMERCIAL ITEMS IN FEDERAL ACQUISITION
REGULATION.
``(a) List of Inapplicable Provisions of Law.--(1) The
Federal Acquisition Regulation shall include a list of
provisions of law that are inapplicable to contracts for the
procurement of commercial items. A provision of law that is
properly included on the list pursuant to paragraph (2) may
not be construed as applicable to purchases of commercial
items by an executive agency. Nothing in this section shall
be construed to render inapplicable to contracts for the
procurement of commercial items any provision of law that is
not included on such list.
``(2) A provision of law described in subsection (c) that
is enacted after the date of the enactment of the Federal
Acquisition Streamlining Act of 1994 shall be included on the
list of inapplicable provisions of law required by paragraph
(1), unless the Federal Acquisition Regulatory Council makes
a written determination that it would not be in the best
interest of the Federal Government to exempt contracts for
the procurement of commercial items from the applicability of
the provision.
``(b) Subcontracts.--(1) The Federal Acquisition Regulation
shall include a list of provisions of law that are
inapplicable to subcontracts under either a contract for the
procurement of commercial items or a subcontract for the
procurement of commercial items. A provision of law that is
properly included on the list pursuant to paragraph (2) may
not be construed as applicable to such subcontracts. Nothing
in this section shall be construed to render inapplicable to
subcontracts under a contract for the procurement of
commercial items any provision of law that is not included on
such list.
``(2) A provision of law described in subsection (c) shall
be included on the list of inapplicable provisions of law
required by paragraph (1) unless the Federal Acquisition
Regulatory Council makes a written determination that it
would not be in the best interest of the Federal Government
to exempt subcontracts under a contract for the procurement
of commercial items from the applicability of the provision.
``(3) Nothing in this subsection shall be construed to
authorize the waiver of the applicability of any provision of
law with respect to any subcontract under a contract with a
prime contractor reselling or distributing commercial items
of another contractor without adding value.
``(4) In this subsection, the term `subcontract' includes a
transfer of commercial items between divisions, subsidiaries,
or affiliates of a contractor or subcontractor.
``(c) Covered Law.--A provision of law referred to in
subsections (a) and (b) is any provision of law that, as
determined by the Federal Acquisition Regulatory Council,
sets forth policies, procedures, requirements, or
restrictions for the procurement of property or services by
the Federal Government, except for a provision of law that--
``(1) provides for criminal or civil penalties; or
``(2) specifically refers to this section and provides
that, notwithstanding this section, it shall be applicable to
contracts for the procurement of commercial items.
``(d) Petition.--In the event that a provision of law
described in subsection (c) is not included on the list of
inapplicable provisions of law as required by subsection (a)
or (b), and no written determination has been made by the
Federal Acquisition Regulatory Council pursuant to subsection
(a)(2) or (b)(2), a person may petition the Administrator for
Federal Procurement Policy to
[[Page 1950]]
take appropriate action. The Administrator shall revise the
Federal Acquisition Regulation to include the provision on
the list of inapplicable provisions of law unless the Federal
Acquisition Regulatory Council makes a determination pursuant
to subsection (a)(2) or (b)(2) within 60 days after the date
on which the petition is received.''.
(b) Effective Date of Petition Provision.--No petition may
be filed under section 34(d) of the Office of Federal
Procurement Policy Act, as added by subsection (a), until
after the date occurring 6 months after the date of the
enactment of this Act.
Subtitle B--Armed Services Acquisitions
SEC. 8101. ESTABLISHMENT OF NEW CHAPTER IN TITLE 10.
(a) Establishment.--Part IV of subtitle A of title 10,
United States Code, is amended by inserting after chapter 139
the following new chapter 140:
``CHAPTER 140--PROCUREMENT OF COMMERCIAL ITEMS
``Sec.
``2375. Relationship of commercial item provisions to other provisions
of law.
``2376. Definitions.
``2377. Preference for acquisition of commercial items.
(b) Clerical Amendment.--The tables of chapters at the
beginning of subtitle A of title 10, United States Code, and
the beginning of part IV of such subtitle are amended by
inserting after the item relating to chapter 139 the
following new item:
``140. Procurement of Commercial Items......................2375''.....
SEC. 8102. RELATIONSHIP TO OTHER PROVISIONS OF LAW.
Chapter 140 of title 10, United States Code, as added by
section 8101, is amended by adding after the table of
sections the following:
``Sec. 2375. Relationship of commercial item provisions to
other provisions of law
``(a) Applicability of title.--Unless otherwise
specifically provided, nothing in this chapter shall be
construed as providing that any other provision of this title
relating to procurement is inapplicable to the procurement of
commercial items.
``(b) List of Laws Inapplicable to Contracts for the
Acquisition of Commercial Items.--No contract for the
procurement of a commercial item entered into by the head of
an agency shall be subject to any law properly listed in the
Federal Acquisition Regulation (pursuant to section 34 of the
Office of Federal Procurement Policy Act).
``(c) Cross reference to exception to cost or pricing data
requirements for commercial items.--For provisions relating
to exceptions for requirements for cost or pricing data for
contracts for the procurement of commercial items, see
section 2306a(d) of this title.''.
SEC. 8103. DEFINITIONS.
Chapter 140 of title 10, United States Code, as amended by
section 8102, is further amended by adding after section 2375
the following new section:
``Sec. 2376. Definitions
``In this chapter:
``(1) The terms `commercial item', `nondevelopmental item',
`component', and `commercial component' have the meanings
provided in section 4 of the Office of Federal Procurement
Policy Act.
``(2) The term `head of an agency' means the Secretary of
Defense, the Secretary of Transportation, and the
Administrator of the National Aeronautics and Space
Administration.
``(3) The term `agency' means the Department of Defense,
the Coast Guard, and the National Aeronautics and Space
Administration.''.
SEC. 8104. PREFERENCE FOR ACQUISITION OF COMMERCIAL ITEMS.
(a) In General.--Chapter 140 of title 10, United States
Code, as amended by section 8103, is further amended by
adding after section 2376 the following new section:
``Sec. 2377. Preference for acquisition of commercial items
``(a) Preference.--The head of an agency shall ensure that,
to the maximum extent practicable--
``(1) requirements of the agency with respect to a
procurement of supplies or services are stated in terms of--
``(A) functions to be performed;
``(B) performance required; or
``(C) essential physical characteristics;
``(2) such requirements are defined so that commercial
items or, to the extent that commercial items suitable to
meet the agency's needs are not available, nondevelopmental
items other than commercial items, may be procured to fulfill
such requirements; and
``(3) offerors of commercial items and nondevelopmental
items other than commercial items are provided an opportunity
to compete in any procurement to fill such requirements.
``(b) Implementation.--The head of an agency shall ensure
that procurement officials in that agency, to the maximum
extent practicable--
``(1) acquire commercial items or nondevelopmental items
other than commercial items to meet the needs of the agency;
``(2) require prime contractors and subcontractors at all
levels under the agency contracts to incorporate commercial
items or nondevelopmental items other than commercial items
as components of items supplied to the agency;
``(3) modify requirements in appropriate cases to ensure
that the requirements can be met by commercial items or, to
the extent that commercial items suitable to meet the
agency's needs are not available, nondevelopmental items
other than commercial items;
``(4) state specifications in terms that enable and
encourage bidders and offerors to supply commercial items or,
to the extent that commercial items suitable to meet the
agency's needs are not available, nondevelopmental items
other than commercial items in response to the agency
solicitations;
``(5) revise the agency's procurement policies, practices,
and procedures not required by law to reduce any impediments
in those policies, practices, and procedures to the
acquisition of commercial items; and
``(6) require training of appropriate personnel in the
acquisition of commercial items.
``(c) Preliminary Market Research.--(1) The head of an
agency shall conduct market research appropriate to the
circumstances--
``(A) before developing new specifications for a
procurement by that agency; and
``(B) before soliciting bids or proposals for a contract in
excess of the simplified acquisition threshold.
``(2) The head of an agency shall use the results of market
research to determine whether there are commercial items or,
to the extent that commercial items suitable to meet the
agency's needs are not available, nondevelopmental items
other than commercial items available that--
``(A) meet the agency's requirements;
``(B) could be modified to meet the agency's requirements;
or
``(C) could meet the agency's requirements if those
requirements were modified to a reasonable extent.
``(3) In conducting market research, the head of an agency
should not require potential sources to submit more than the
minimum information that is necessary to make
the determinations required in paragraph (2).''.
(b) Repeal of Superseded Provision.--(1) Section 2325 of
title 10, United States Code, is repealed.
(2) The table of sections at the beginning of chapter 137
of such title is amended by striking out the item relating to
section 2325.
SEC. 8105. INAPPLICABILITY OF CERTAIN PROVISIONS OF LAW.
(a) Inapplicability of Requirement for Contract Clause
Regarding Contingent Fees.--Section 2306(b) of title 10,
United States Code, as amended by section 4102(b), is further
amended by inserting before the period at the end of the
sentence added by that section the following: ``or to a
contract for the acquisition of commercial items''.
(b) Inapplicability of Requirement To Identify Suppliers
and Sources of Supplies.--Paragraph (2) of section 2384(b) of
title 10, United States Code, is amended to read as follows:
``(2) The regulations prescribed pursuant to paragraph (1)
do not apply to a contract that requires the delivery of
supplies that are commercial items, as defined in section
4(12) of the Office of Federal Procurement Policy Act (41
U.S.C. 403(12))).''.
(c) Inapplicability of Prohibition Against Doing Business
with Certain Offerors or Contractors.--Section 2393(d) of
title 10, United States Code, as amended by section 4102(e),
is further amended by adding at the end the following: ``The
requirement shall not apply in the case of a subcontract for
the acquisition of commercial items (as defined in section
4(12) of the Office of Federal Procurement Policy Act (41
U.S.C. 403(12))).''.
(d) Reports by Employees or Former Employees of Defense
Contractors.--Section 2397(a)(1) of title 10, United States
Code, as amended by section 4401(d), is further amended by
adding at the end the following: ``The term does not include
a contract for the purchase of commercial items (as defined
in section 4(12) of the Office of Federal Procurement Policy
Act (41 U.S.C. 403(12)).''.
(e) Limits on Employment for Certain Former DOD
Officials.--Section 2397b(f) of title 10, United States Code,
is amended in paragraph (2)(B)--
(A) by striking out ``or'' at the end of clause (i);
(B) by striking out the period at the end of clause (ii)
and inserting in lieu thereof ``; or''; and
(C) by adding at the end the following new clause:
``(iii) any person who contracts to supply the Department
of Defense only commercial items (as defined in section 4(12)
of the Office of Federal Procurement Policy Act (41 U.S.C.
403(12))''.
(f) Defense Contractor Requirements Concerning Former DOD
Officials.--Section 2397c of title 10, United States Code, is
amended by adding at the end the following:
``(e) This section does not apply to contracts for the
purchase of commercial items (as defined in section 4(12) of
the Office of Federal Procurement Policy Act (41 U.S.C.
403(12))).''.
(g) Inapplicability of Prohibition on Limitation of
Subcontractor Direct Sales.--(1) Section 2402 of title 10,
United States Code, as amended by section 4102(f), is further
amended by adding at the end the following new subsection:
``(d)(1) An agreement between the contractor in a contract
for the acquisition of commercial items and a subcontractor
under such contract that restricts sales by such
subcontractor directly to persons other than the contractor
may not be considered to unreasonably restrict sales by that
subcontractor to the United States in violation of the
[[Page 1951]]
provision included in such contract pursuant to subsection
(a) if the agreement does not result in the United States
being treated differently with regard to the restriction than
any other prospective purchaser of such commercial items from
that subcontractor.
``(2) In paragraph (1), the term `commercial item' has the
meaning given such term in section 4(12) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(12)).''.
(h) Inapplicability of Prohibition on Persons Convicted of
Defense-related Felonies.--Paragraph (4) of section 2408(a)
of title 10, United States Code, as added by section 4102(g),
is amended--
(1) by inserting after subparagraph (A) the following:
``(B) A contract referred to in such subparagraph that is
for the acquisition of commercial items (as defined in
section 4(12) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(12))).''; and
(2) by inserting ``or (B)'' before the period at the end of
subparagraph (C).
(i) Inapplicability of Contractor Inventory Accounting
System Standards.--Section 2410b of title 10, United States
Code, is amended by adding after subsection (b), as added by
section 4102(h), the following:
``(c) The regulations prescribed pursuant to subsection (a)
shall not apply to a contract for the purchase of commercial
items (as defined in section 4(12) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(12))).''.
(j) Inapplicability of Reporting Requirement Regarding
Dealings With Terrorist Countries.--Section 843(a) of Public
Law 103-160 (107 Stat. 1720) is amended by adding at the end
the following:
``(3) This section does not apply with respect to a
contract for the procurement of a commercial item (as defined
in section 4(12) of the Office of Federal Procurement Policy
Act (41 U.S.C. 403(12))).''.
(k) Amendments to Armed Services Provision.--Section 806 of
the National Defense Authorization Act for Fiscal Years 1992
and 1993 (Public Law 102-190; 10 U.S.C. 2301 note) is amended
by striking out subsection (b) and inserting in lieu thereof
the following:
``(b) Inapplicability to Certain Contracts.--Regulations
prescribed under this section shall not apply to a contract
for the acquisition of commercial items (as defined in
section 4(12) of the Office of Federal Procurement Policy
Act).''.
SEC. 8106. PRESUMPTION THAT TECHNICAL DATA UNDER CONTRACTS
FOR COMMERCIAL ITEMS ARE DEVELOPED EXCLUSIVELY
AT PRIVATE EXPENSE.
(a) Regulations Required to Include Presumption of
Development At Private Expense.--Paragraph (1) of section
2320(b) of title 10, United States Code, is amended by
inserting before the semicolon at the end the following:
``and providing that, in the case of a contract for a
commercial item, the item shall be presumed to be developed
at private expense unless shown otherwise in accordance with
section 2321(f)''.
(b) Assertion of Restriction Presumed Justified.--Section
2321 of title 10, United States Code, is amended--
(1) by redesignating subsections (f), (g), (h), and (i) as
subsections (g), (h), (i), and (j); and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Presumption of Development Exclusively at Private
Expense for Commercial Items Contracts.--In the case of a
challenge to a use or release restriction that is asserted
with respect to technical data of a contractor or
subcontractor under a contract for commercial items, the
contracting officer shall presume that the contractor or
subcontractor has justified the restriction on the basis that
the item was developed exclusively at private expense,
whether or not the contractor or subcontractor submits a
justification in response to the notice provided pursuant to
subsection (d)(3). In such a case, the challenge to the use
or release restriction may be sustained only if information
provided by the Department of Defense demonstrates that the
item was not developed exclusively at private expense.''.
Subtitle C--Civilian Agency Acquisitions
SEC. 8201. RELATIONSHIP TO OTHER PROVISIONS OF LAW.
Title III of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 251 et seq.), as amended by
section 5051(a), is further amended by adding after section
313 the following new section:
``SEC. 314. RELATIONSHIP OF COMMERCIAL ITEM PROVISIONS TO
OTHER PROVISIONS OF LAW.
``(a) Applicability of Title.--Unless otherwise
specifically provided, nothing in this section, section 314A,
or section 314B shall be construed as providing that any
other provision of this title relating to procurement is
inapplicable to the procurement of commercial items.
``(b) List of Laws Inapplicable to Contracts for the
Acquisition of Commercial Items.--No contract for the
procurement of a commercial item entered into by the head of
an executive agency shall be subject to any law properly
listed in the Federal Acquisition Regulation (pursuant to
section 34 of the Office of Federal Procurement Policy Act).
SEC. 8202. DEFINITIONS.
Title III of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 251 et seq.), as amended by
section 8201, is further amended by adding after section 314
the following new section:
``SEC. 314A. DEFINITIONS.
``As used in this title, the terms `commercial item',
`nondevelopmental item', `component', and `commercial
component' have the meanings provided in section 4 of the
Office of Federal Procurement Policy Act.''.
SEC. 8203. PREFERENCE FOR ACQUISITION OF COMMERCIAL ITEMS.
Title III of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 251 et seq.), as amended by
section 8202, is further amended by adding after section 314A
the following new section:
``SEC. 314B. PREFERENCE FOR ACQUISITION OF COMMERCIAL ITEMS.
``(a) Preference.--The head of each executive agency shall
ensure that, to the maximum extent practicable--
``(1) requirements of the executive agency with respect to
a procurement of supplies or services are stated in terms
of--
``(A) functions to be performed;
``(B) performance required; or
``(C) essential physical characteristics;
``(2) such requirements are defined so that commercial
items or, to the extent that commercial items suitable to
meet the executive agency's needs are not available,
nondevelopmental items other than commercial items, may be
procured to fulfill such requirements; and
``(3) offerors of commercial items and nondevelopmental
items other than commercial items are provided an opportunity
to compete in any procurement to fill such requirements.
``(b) Implementation.--The head of each executive agency
shall ensure that procurement officials in that executive
agency, to the maximum extent practicable--
``(1) acquire commercial items or nondevelopmental items
other than commercial items to meet the needs of the
executive agency;
``(2) require prime contractors and subcontractors at all
levels under the executive agency contracts to incorporate
commercial items or nondevelopmental items other than
commercial items as components of items supplied to the
executive agency;
``(3) modify requirements in appropriate cases to ensure
that the requirements can be met by commercial items or, to
the extent that commercial items suitable to meet the
executive agency's needs are not available, nondevelopmental
items other than commercial items;
``(4) state specifications in terms that enable and
encourage bidders and offerors to supply commercial items or,
to the extent that commercial items suitable to meet the
executive agency's needs are not available, nondevelopmental
items other than commercial items in response to the
executive agency solicitations;
``(5) revise the executive agency's procurement policies,
practices, and procedures not required by law to reduce any
impediments in those policies, practices, and procedures to
the acquisition of commercial items; and
``(6) require training of appropriate personnel in the
acquisition of commercial items.
``(c) Preliminary Market Research.--(1) The head of an
executive agency shall conduct market research appropriate to
the circumstances--
``(A) before developing new specifications for a
procurement by that executive agency; and
``(B) before soliciting bids or proposals for a contract in
excess of the simplified acquisition threshold.
``(2) The head of an executive agency shall use the results
of market research to determine whether there are commercial
items or, to the extent that commercial items suitable to
meet the executive agency's needs are not available,
nondevelopmental items other than commercial items available
that--
``(A) meet the executive agency's requirements;
``(B) could be modified to meet the executive agency's
requirements; or
``(C) could meet the executive agency's requirements if
those requirements were modified to a reasonable extent.
``(3) In conducting market research, the head of an
executive agency should not require potential sources to
submit more than the minimum information that is necessary to
make the determinations required in paragraph (2).''.
SEC. 8204. INAPPLICABILITY OF CERTAIN PROVISIONS OF LAW.
(a) Inapplicability of Prohibition on Limiting
Subcontractor Direct Sales to the United States.--Section
303G of the Federal Property and Administrative Services Act
of 1949 (41 U.S.C. 253g), as amended by section 4103(b), is
further amended by adding at the end the following new
subsection:
``(d) An agreement between the contractor in a contract for
the acquisition of commercial items and a subcontractor under
such contract that restricts sales by such subcontractor
directly to persons other than the contractor may not be
considered to unreasonably restrict sales by that
subcontractor to the United States in violation of the
provision included in such contract pursuant to subsection
(a) if the agreement does not result in the Federal
Government being treated differently with regard to the
restriction than any other prospective purchaser of such
commercial items from that subcontractor.''.
(b) Inapplicability of Requirement for Contract Clause
Regarding Contingent Fees.--Section 304(a) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
254(a)), as amended by section 4103(c), is further amended by
inserting before the period at the end of the sentence added
by section 4103(c) the following: ``or to
[[Page 1952]]
a contract for the acquisition of commercial items''.
Subtitle D--Acquisitions Generally
SEC. 8301. INAPPLICABILITY OF CERTAIN PROVISIONS OF LAW.
(a) Federal Water Pollution Control Act.--Section 508 of
the Federal Water Pollution Control Act (33 U.S.C. 1368) is
amended by adding at the end the following new subsection:
``(f)(1) No certification by a contractor, and no contract
clause, may be required in the case of a contract for the
acquisition of commercial items in order to implement a
prohibition or requirement of this section or a prohibition
or requirement issued in the implementation of this section.
``(2) In paragraph (1), the term `commercial item' has the
meaning given such term in section 4(12) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(12)).''.
(b) Contract Work Hours and Safety Standards Act.--The
Contract Work Hours and Safety Standards Act (title I of the
Work Hours and Safety Act of 1962 (40 U.S.C. 327 et seq.)) is
amended by adding at the end the following new section:
``Sec. 108. (a) No certification by a contractor, and no
contract clause, may be required in the case of a contract
for the acquisition of commercial items in order to implement
a prohibition or requirement in this title.
``(b) In subsection (a), the term `commercial item' has the
meaning given such term in section 4(12) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(12)).''.
(c) Anti-Kickback Act of 1986.--(1) Section 7 of the Anti-
Kickback Act of 1986 (41 U.S.C. 57), as amended by section
4104(a), is further amended by inserting before the period at
the end of subsection (d) the following: ``or to a prime
contract for the acquisition of commercial items (as defined
in section 4(12) of such Act (41 U.S.C. 403(12))).''.
(2) Section 8 of such Act (41 U.S.C. 58) is amended by
adding at the end the following: ``This section does not
apply with respect to a prime contract for the acquisition of
commercial items (as defined in section 4(12) of the Office
of Federal Procurement Policy Act (41 U.S.C. 403(12))).''.
(d) Cost Accounting Standards Board.--Section 26(f)(2) of
the Office of Federal Procurement Policy Act (41 U.S.C.
422(f)(2)) is amended--
(1) by inserting ``(A)'' after ``(2)'';
(2) by striking out ``, other than contracts or
subcontracts'' and all that follows and inserting in lieu
thereof a period; and
(3) by inserting at the end the following:
``(B) Subparagraph (A) does not apply to the following
contracts or subcontracts:
``(i) Contracts or subcontracts where the price negotiated
is based on established catalog or market prices of
commercial items sold in substantial quantities to the
general public.
``(ii) Contracts or subcontracts where the price negotiated
is based on prices set by law or regulation.
``(iii) Any other firm fixed-price contract or subcontract
(without cost incentives) for commercial items.
``(C) In this paragraph, the term `subcontract' includes a
transfer of commercial items between divisions, subsidiaries,
or affiliates of a contractor or subcontractor.''.
(e) Certification Requirements.--Subsection (e)(1)(B) of
section 27 of the Office of Federal Procurement Policy Act
(41 U.S.C. 423) is amended by inserting after ``certifies in
writing to such contracting officer'' the following: ``,
except in the case of a contract for the procurement of
commercial items,''.
(f) Drug-Free Workplace Act of 1988.--Section 5152(a)(1) of
the Drug-Free Workplace Act of 1988 (subtitle D of title V of
Public Law 100-690; 41 U.S.C. 701 et seq.), as amended by
section 4104(d), is further amended by inserting after the
matter inserted by such section 4104(d) the following: ``,
other than a contract for the procurement of commercial items
as defined in section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403)),''.
(g) Clean Air Act.--The Federal Acquisition Regulation may
not contain a requirement for a certification by a contractor
under a contract for the acquisition of commercial items, or
a requirement that such a contract include a contract clause,
in order to implement a prohibition or requirement of section
306 of the Clean Air Act (42 U.S.C. 7606) or a prohibition or
requirement issued in the implementation of that section,
since there is nothing in such section 306 that requires such
a certification or contract clause.
(h) Fly American Requirements.--Section 40118 of title 49,
United States Code, is amended by adding at the end the
following new subsection:
``(f)(1) No certification by a contractor, and no contract
clause, may be required in the case of a contract for the
transportation of commercial items in order to implement a
requirement in this section.
``(2) In paragraph (1), the term `commercial item' has the
meaning given such term in section 4(12) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(12)).''.
SEC. 8302. FLEXIBLE DEADLINES FOR SUBMISSION OF OFFERS OF
COMMERCIAL ITEMS.
Section 18(a) of the Office of Federal Procurement Policy
Act (41 U.S.C. 416(a)), as amended by section 4201(c), is
further amended by adding at the end the following new
paragraph:
``(6) The Administrator shall prescribe regulations
defining limited circumstances in which flexible deadlines
can be used under paragraph (3) for the submission of bids or
proposals for the procurement of commercial items.''.
SEC. 8303. ADDITIONAL RESPONSIBILITIES FOR ADVOCATES FOR
COMPETITION.
(a) Responsibilities of the Advocate for Competition.--
Section 20(c) of the Office of Federal Procurement Policy Act
(41 U.S.C. 418(c)) is amended to read as follows:
``(c) The advocate for competition for each procuring
activity shall be responsible for promoting full and open
competition, promoting the acquisition of commercial items,
and challenging barriers to such acquisition, including such
barriers as unnecessarily restrictive statements of need,
unnecessarily detailed specifications, and unnecessarily
burdensome contract clauses.''.
(b) Repeal of Superseded Provision.--Section 28 of such Act
(41 U.S.C. 424) is repealed.
SEC. 8304. PROVISIONS NOT AFFECTED.
Nothing in this title shall be construed as modifying or
superseding, or as intended to impair or restrict,
authorities or responsibilities under--
(1) section 2323 of title 10, United States Code, or
section 7102 of the Federal Acquisition Streamlining Act of
1994;
(2) the Brooks Automatic Data Processing Act (section 111
of the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 759));
(3) Brooks Architect-Engineers Act (title IX of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
541 et seq.);
(4) subsections (a) and (d) of section 8 of the Small
Business Act (15 U.S.C. 637(a) and (d)); or
(5) the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c).
SEC. 8305. COMPTROLLER GENERAL REVIEW OF FEDERAL GOVERNMENT
USE OF MARKET RESEARCH.
(a) Report Required.--Not later than 2 years after the date
of the enactment of this Act, the Comptroller General of the
United States shall submit to the Congress a report on the
use of market research by the Federal Government in support
of the procurement of commercial items and nondevelopmental
items.
(b) Content of Report.--The report shall include the
following:
(1) A review of existing Federal Government market research
efforts to gather data concerning commercial and other
nondevelopmental items.
(2) A review of the feasibility of creating a Government-
wide data base for storing, retrieving, and analyzing market
data, including use of existing Federal Government resources.
(3) Any recommendations for changes in law or regulations
that the Comptroller General considers appropriate.
TITLE IX--FEDERAL ACQUISITION COMPUTER NETWORK
SEC. 9001. FEDERAL ACQUISITION COMPUTER NETWORK ARCHITECTURE
AND IMPLEMENTATION.
(a) Federal Acquisition Computer Network Architecture.--The
Office of Federal Procurement Policy Act (41 U.S.C. 401 et
seq.) is amended by adding after section 29, as added by
section 1093, the following new sections:
``SEC. 30. FEDERAL ACQUISITION COMPUTER NETWORK (FACNET)
ARCHITECTURE.
``(a) In General.--(1) The Administrator shall establish a
program for the development and implementation of a Federal
acquisition computer network architecture (hereinafter in
this section referred to as `FACNET') that will be
Government-wide and provide interoperability among users. The
Administrator shall assign a program manager for FACNET and
shall provide for overall direction of policy and leadership
in the development, coordination, installation, operation,
and completion of implementation of FACNET by executive
agencies.
``(2) In carrying out paragraph (1), the Administrator
shall consult with the heads of appropriate Federal agencies
with applicable technical and functional expertise, including
the Office of Information and Regulatory Affairs, the
National Institute of Standards and Technology, the General
Services Administration, and the Department of Defense.
``(3) Government-wide FACNET capability (as defined in
section 30A(b)) shall be implemented not later than January
1, 2000.
``(b) Functions of FACNET.--The FACNET architecture shall
provide for the following functions:
``(1) Government functions.--Allow executive agencies to do
the following electronically:
``(A) Provide widespread public notice of solicitations for
contract opportunities issued by an executive agency.
``(B) Receive responses to solicitations and associated
requests for information through such system.
``(C) Provide public notice of contract awards (including
price) through such system.
``(D) In cases in which it is practicable, receive
questions regarding solicitations through such system.
``(E) In cases in which it is practicable, issue orders to
be made through such system.
``(F) In cases in which it is practicable, make payments to
contractors by bank card, electronic funds transfer, or other
automated methods.
[[Page 1953]]
``(G) Archive data relating to each procurement action made
using such system.
``(2) Private Sector User functions.--Allow private sector
users to do the following electronically:
``(A) Access notice of solicitations for contract
opportunities issued by an executive agency.
``(B) Access and review solicitations issued by an
executive agency.
``(C) Respond to solicitations issued by the executive
agency.
``(D) In cases in which it is practicable, receive orders
from the executive agency.
``(E) Access information on contract awards (including
price) made by the executive agency.
``(F) In cases in which it is practicable, receive payment
by bank card, electronic funds transfer, or other automated
means.
``(3) General functions.--
``(A) Allow the electronic interchange of procurement
information between the private sector and the Federal
Government and among Federal agencies.
``(B) Employ nationally and internationally recognized data
formats that serve to broaden and ease the electronic
interchange of data.
``(C) Allow convenient and universal user access through
any point of entry.
``(c) Notice and Solicitation Regulations.--In connection
with implementation of the architecture referred to in
subsection (a), the Federal Acquisition Regulatory Council
shall ensure that the Federal Acquisition Regulation contains
appropriate notice and solicitation provisions applicable to
acquisitions conducted through a FACNET capability. The
provisions shall specify the required form and content of
notices of acquisitions and the minimum periods for
notifications of solicitations and for deadlines for the
submission of offers under solicitations. Each minimum period
specified for a notification of solicitation and each
deadline for the submission of offers under a solicitation
shall afford potential offerors a reasonable opportunity to
respond.
``(d) Architecture Defined.--For purposes of this section,
the term `architecture' means the conceptual framework that--
``(1) uses a combination of commercial hardware and
commercial software to enable contractors to conduct business
with the Federal Government by electronic means; and
``(2) includes a description of the functions to be
performed to achieve the mission of streamlining procurement
through electronic commerce, the system elements and
interfaces needed to perform the functions, and the
designation of performance levels of those system elements.
``SEC. 30A. FEDERAL ACQUISITION COMPUTER NETWORK
IMPLEMENTATION.
``(a) Certification of FACNET Capability in Procuring
Activities and Agencies.--(1) When the senior procurement
executive of an executive agency or, in the case of the
Department of Defense, the Under Secretary of Defense for
Acquisition and Technology, determines that a procuring
activity of the executive agency has implemented an interim
FACNET capability (as defined in subsection (c)), the
executive or the Under Secretary shall certify to the
Administrator that such activity has implemented an interim
FACNET capability.
``(2) When the head of an executive agency, with the
concurrence of the Administrator for Federal Procurement
Policy, determines that the executive agency has implemented
a full FACNET capability (as defined in subsection (d)), the
head of the executive agency shall certify to Congress that
the executive agency has implemented a full FACNET
capability.
``(3) The head of each executive agency shall provide for
implementation of both interim FACNET capability and full
FACNET capability, with priority on providing convenient and
universal user access as required by section 30(b)(3)(C), in
that executive agency as soon as practicable after the date
of the enactment of the Federal Acquisition Streamlining Act
of 1994.
``(b) Certification of Government-Wide FACNET Capability.--
When the Administrator for Federal Procurement Policy
determines that the Federal Government is making at least 75
percent of eligible contracts in amounts greater than the
micro-purchase threshold and not greater than the simplified
acquisition threshold entered into by the Government during
the preceding fiscal year through a system with full FACNET
capability, the Administrator shall certify to Congress that
the Government has implemented a Government-wide FACNET
capability.
``(c) Implementation of Interim FACNET Capability.--A
procuring activity shall be considered to have implemented an
interim FACNET capability if--
``(1) with respect to each procurement expected to be in an
amount greater than the micro-purchase threshold and not
greater than the simplified acquisition threshold, the
procuring activity has implemented the FACNET functions
described in paragraphs (1)(A), (1)(B), (2)(A), (2)(B), and
(2)(C) of section 30(b); and
``(2) for each such procurement (other than a procurement
for which notice is not required under section 18(c) or with
respect to which the head of the procuring activity
determines that it is not cost effective or practicable), the
procuring activity issues notices of solicitations and
receives responses to solicitations through a system having
those functions.
``(d) Implementation of Full FACNET Capability.--An
executive agency shall be considered to have implemented a
full FACNET capability if (except in the case of procuring
activities (or portions thereof) of the executive agency for
which the head of the executive agency determines that
implementation is not cost effective or practicable)--
``(1) the executive agency has implemented all of the
FACNET functions described in section 30(b); and
``(2) more than 75 percent of the eligible contracts in
amounts greater than the micro-purchase threshold and not
greater than the simplified acquisition threshold entered
into by the executive agency during the preceding fiscal year
have been made through a system with those functions.
``(e) Eligible Contracts.--For purposes of subsections (b)
and (d), a contract is eligible if it is not in any class of
contracts determined by the Federal Acquisition Regulatory
Council (pursuant to section 9004 of the Federal Acquisition
Streamlining Act of 1994) to be unsuitable for acquisition
through a system with full FACNET capability.''.
(b) Technical Amendments.--Section 18 of the Office of
Federal Procurement Policy Act (41 U.S.C. 416) is amended--
(1) in subsection (a)(1)(A), by striking out ``notice'' in
the matter following clause (ii) and inserting in lieu
thereof ``notice of solicitation''; and
(2) in subsection (d), by striking out ``a notice under
subsection (e)'' in the first sentence and inserting in lieu
thereof ``a notice of solicitation under subsection (a)''.
SEC. 9002. IMPLEMENTATION OF FACNET CAPABILITY IN ARMED
SERVICES.
(a) Implementation in Title 10.--Chapter 137 of title 10,
United States Code, is amended by inserting after section
2302b, as added by section 4203, the following new section:
``Sec. 2302c. Implementation of FACNET capability
``(a) Implementation of FACNET Capability.--(1) The head of
each agency named in section 2303 of this title shall
implement the Federal acquisition computer network (`FACNET')
capability required by section 30 of the Office of Federal
Procurement Policy Act. In the case of the Department of
Defense, the implementation shall be by the Secretary of
Defense, acting through the Under Secretary of Defense for
Acquisition and Technology, for the Department of Defense as
a whole. For purposes of this section, the term `head of an
agency' does not include the Secretaries of the military
departments.
``(2) In implementing the FACNET capability pursuant to
paragraph (1), the head of an agency shall consult with the
Administrator for Federal Procurement Policy.
``(b) Designation of Agency Official.--The head of each
agency named in paragraph (5) or (6) of section 2303 of this
title shall designate a program manager to have
responsibility for implementation of FACNET capability for
that agency and otherwise to implement this section. Such
program manager shall report directly to the senior
procurement executive designated for the agency under section
16(3) of the Office of Federal Procurement Policy Act (41
U.S.C. 414(3)).''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 137 of such title is amended by
inserting after the item relating to section 2302b the
following new item:
``2302c. Implementation of FACNET capability.''.
(c) Effective Date.--A FACNET capability may be implemented
and used in an agency before the promulgation of regulations
implementing this section (as provided in section 10002). If
such implementation and use occurs, the period for submission
of bids or proposals under section 18(a)(3)(B) of the Office
of Federal Procurement Policy Act, in the case of a
solicitation through FACNET, may be less than the period
otherwise applicable under that section, but shall be at
least 10 days. The preceding sentence shall not be in effect
after September 30, 1995.
SEC. 9003. IMPLEMENTATION OF FACNET CAPABILITY IN CIVILIAN
AGENCIES.
Title III of the Federal Property and Administrative
Services Act of 1949 is amended by inserting after section
302B, as added by section 4203, the following new section:
``SEC. 302C. IMPLEMENTATION OF FACNET CAPABILITY.
``(a) Implementation of FACNET Capability.--(1) The head of
each executive agency shall implement the Federal acquisition
computer network (`FACNET') capability required by section 30
of the Office of Federal Procurement Policy Act.
``(2) In implementing the FACNET capability pursuant to
paragraph (1), the head of an executive agency shall consult
with the Administrator for Federal Procurement Policy.
``(b) Designation of Agency Official.--The head of each
executive agency shall designate a program manager to have
responsibility for implementation of FACNET capability for
that agency and otherwise to implement this section. Such
program manager shall report directly to the senior
procurement executive designated for the executive agency
under section 16(3) of the Office of Federal Procurement
Policy Act (41 U.S.C. 414(3)).''.
SEC. 9004. GAO DETERMINATION OF ELIGIBLE AGENCY CONTRACTS.
(a) Report on Contracts Not Suitable for Acquisition
Through Full FACNET Capability.--Not later than 3 years after
the date of the enactment of this Act, the Comptroller
General shall submit to the Adminis-
[[Page 1954]]
trator for Federal Procurement Policy and the congressional
committees referred to in subsection (d) a report on the
classes of contracts in amounts greater than the micro-
purchase threshold and not greater than the simplified
acquisition threshold that are not suitable for acquisition
through a system with full FACNET capability.
(b) FAR Council Determinations.--Not earlier than 3 years
after the date of the enactment of this Act, and after
consideration of the report of the Comptroller General
required by subsection (a), the Federal Acquisition
Regulatory Council (established by section 25 of the Office
of Federal Procurement Policy Act) may make a determination
that a class or classes of contracts in amounts greater than
the micro-purchase threshold and not greater than the
simplified acquisition threshold are not suitable for
acquisition through a system with full FACNET capability. Any
such determination shall be submitted to the congressional
committees referred to in subsection (d). Each determination
under this subsection shall take effect 60 days after the
date on which it is submitted to those committees.
(c) Applicability of Determinations.--Each determination
under subsection (b) shall apply for purposes of determining
eligible contracts under section 30A(e) of the Office of
Federal Procurement Policy Act, as added by section 9001.
(d) Committees.--The report required by subsection (a), and
any determination made under subsection (b), shall be
submitted to the Committees on Governmental Affairs, on Armed
Services, and on Small Business of the Senate and the
Committees on Government Operations, on Armed Services, and
on Small Business of the House of Representatives.
(e) Definitions.--In this section:
(1) The term ``simplified acquisition threshold'' has the
meaning provided by section 4(11) of the Office of Federal
Procurement Policy Act, as amended by section 4001.
(2) The term ``micro-purchase threshold'' has the meaning
provided by section 32(g) of the Office of Federal
Procurement Policy Act, as added by section 4301.
(3) The term ``full FACNET capability'' has the meaning
described in section 30A(d) of the Office of Federal
Procurement Policy Act, as added by section 9001(a).
TITLE X--EFFECTIVE DATES AND IMPLEMENTATION
SEC. 10001. EFFECTIVE DATE AND APPLICABILITY.
(a) Effective Date.--Except as otherwise provided in this
Act, this Act and the amendments made by this Act shall take
effect on the date of the enactment of this Act.
(b) Applicability of Amendments.--(1) An amendment made by
this Act shall apply, in the manner prescribed in the final
regulations promulgated pursuant to section 10002 to
implement such amendment, with respect to any solicitation
that is issued, any unsolicited proposal that is received,
and any contract entered into pursuant to such a solicitation
or proposal, on or after the date described in paragraph (3).
(2) An amendment made by this Act shall also apply, to the
extent and in the manner prescribed in the final regulations
promulgated pursuant to section 10002 to implement such
amendment, with respect to any matter related to--
(A) a contract that is in effect on the date described in
paragraph (3);
(B) an offer under consideration on the date described in
paragraph (3); or
(C) any other proceeding or action that is ongoing on the
date described in paragraph (3).
(3) The date referred to in paragraphs (1) and (2) is the
date specified in such final regulations. The date so
specified shall be October 1, 1995, or any earlier date that
is not within 30 days after the date on which such final
regulations are published.
(c) Immediate Applicability of Certain Amendments.--
Notwithstanding subsection (b), the amendments made by the
following provisions of this Act apply on and after the date
of the enactment of this Act: sections 1001, 1021, 1031,
1051, 1071, 1092, 1201, 1506(a), 1507, 1554, 2002(a), 2191,
3062(a), 3063, 3064, 3065(a)(1), 3065(b), 3066, 3067,
6001(a), 7101, 7103, 7205, and 7207, the provisions of
subtitles A, B, and C of title III, and the provisions of
title V.
SEC. 10002. IMPLEMENTING REGULATIONS.
(a) Proposed Revisions.--Proposed revisions to the Federal
Acquisition Regulation and such other proposed regulations
(or revisions to existing regulations) as may be necessary to
implement this Act shall be published in the Federal Register
not later than 210 days after the date of the enactment of
this Act.
(b) Public Comment.--The proposed regulations described in
subsection (a) shall be made available for public comment for
a period of not less than 60 days.
(c) Final Regulations.--Final regulations shall be
published in the Federal Register not later than 330 days
after the date of enactment of this Act.
(d) Modifications.--Final regulations promulgated pursuant
to this section to implement an amendment made by this Act
may provide for modification of an existing contract without
consideration upon the request of the contractor.
(e) Requirement for Clarity.--Officers and employees of the
Federal Government who prescribe regulations to implement
this Act and the amendments made by this Act shall make every
effort practicable to ensure that the regulations are concise
and are easily understandable by potential offerors as well
as by Government officials.
(f) Savings Provisions.--(1) Nothing in this Act shall be
construed to affect the validity of any action taken or any
contract entered into before the date specified in the
regulations pursuant to section 10001(b)(3) except to the
extent and in the manner prescribed in such regulations.
(2) Except as specifically provided in this Act, nothing in
this Act shall be construed to require the renegotiation or
modification of contracts in existence on the date of the
enactment of this Act.
(3) Except as otherwise provided in this Act, a law amended
by this Act shall continue to be applied according to the
provisions thereof as such law was in effect on the day
before the date of the enactment of this Act until--
(A) the date specified in final regulations implementing
the amendment of that law (as promulgated pursuant to this
section); or
(B) if no such date is specified in regulations, October 1,
1995.
SEC. 10003. EVALUATION BY THE COMPTROLLER GENERAL.
(a) Evaluation Relating to Issuance of Regulations.--Not
later than 180 days after the issuance in final form of
revisions to the Federal Acquisition Regulation pursuant to
section 10002, the Comptroller General shall submit to
Congress a report evaluating compliance with such section.
(b) Evaluation of Implementation of Regulations.--Not later
than 18 months after issuance in final form of revisions to
the Federal Acquisition Regulation pursuant to section 10002,
the Comptroller General shall submit to the committees
referred to in subsection (c) a report evaluating the
effectiveness of the regulations implementing this Act in
streamlining the acquisition system and fulfilling the other
purposes of this Act.
(c) Committees Designated To Receive the Reports.--The
Comptroller General shall submit the reports required by this
section to--
(1) the Committees on Governmental Affairs, on Armed
Services, and on Small Business of the Senate; and
(2) the Committees on Government Operations, on Armed
Services, and on Small Business of the House of
Representatives.
SEC. 10004. DATA COLLECTION THROUGH THE FEDERAL PROCUREMENT
DATA SYSTEM.
(a) Data Collection Required.--The Federal Procurement Data
System described in section 6(d)(4)(A) of the Office of
Federal Procurement Policy Act (41 U.S.C. 405(d)(4)(A)) shall
be modified to collect from contracts in excess of the
simplified acquisition threshold data identifying the
following matters:
(1) Contract awards made pursuant to competitions conducted
pursuant to section 2323 of title 10, United States Code, or
section 7102 of the Federal Acquisition Streamlining Act of
1994.
(2) Awards to business concerns owned and controlled by
women.
(3) Number of offers received in response to a
solicitation.
(4) Task order contracts.
(5) Contracts for the acquisition of commercial items.
(b) Definition.--In this section, the term ``simplified
acquisition threshold'' has the meaning given such term in
section 4(11) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(11)).
SEC. 10005. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Table of Contents Amendments.--
(1) Office of federal procurement policy act.--The first
section of the Office of Federal Procurement Policy Act (41
U.S.C. 401 note) is amended to read as follows:
``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the `Office of
Federal Procurement Policy Act'.
``(b) Table of Contents.--The table of contents for this
Act is as follows:
``Sec. 1. Short title; table of contents.
``Sec. 2. Declaration of policy.
``Sec. 3. Findings and purpose.
``Sec. 4. Definitions.
``Sec. 5. Office of Federal Procurement Policy.
``Sec. 6. Authority and functions of the Administrator.
``Sec. 7. Administrative powers.
``Sec. 8. Responsiveness to Congress.
``Sec. 9. Effect on existing laws.
``Sec. 10. Effect on existing regulations.
``Sec. 11. Authorization of appropriations.
``Sec. 12. Delegation.
``Sec. 14. Access to information.
``Sec. 15. Tests of innovative procurement methods and procedures.
``Sec. 16. Executive agency responsibilities.
``Sec. 18. Procurement notice.
``Sec. 19. Record requirements.
``Sec. 20. Advocates for competition.
``Sec. 21. Rights in technical data.
``Sec. 22. Publication of proposed regulations.
``Sec. 23. Contracting functions performed by Federal personnel.
``Sec. 25. Federal Acquisition Regulatory Council.
``Sec. 26. Cost Accounting Standards Board.
``Sec. 27. Procurement integrity.
``Sec. 28. Advocate for the Acquisition of Commercial Products.
``Sec. 29. Nonstandard contract clauses.
``Sec. 30. Federal acquisition computer network (FACNET).
[[Page 1955]]
``Sec. 30A. Federal acquisition computer network implementation.
``Sec. 31. Simplified acquisition procedures.
``Sec. 32. Procedures applicable to purchases below micro-purchase
threshold.
``Sec. 33. List of laws inapplicable to contracts not greater than
the simplified acquisition threshold in Federal
Acquisition Regulation.
``Sec. 34. List of laws inapplicable to procurements of commercial
items in Federal Acquisition Regulation.''.
(2) Federal property and administrative services act of
1949.--The first section of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 471 et seq.)
is amended to read as follows:
``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the `Federal
Property and Administrative Services Act of 1949'.
``(b) Table of Contents.--The table of contents for this
Act is as follows:
``Sec. 1. Short title; table of contents.
``Sec. 2. Declaration of policy.
``Sec. 3. Definitions.
``TITLE I--ORGANIZATION
``Sec. 101. General Services Administration.
``Sec. 102. Transfer of affairs of Bureau of Federal Supply.
``Sec. 103. Transfer of affairs of the Federal Works Agency.
``Sec. 104. Records management: Transfer of the National Archives.
``Sec. 106. Redistribution of functions.
``Sec. 107. Transfer of funds.
``Sec. 109. General supply fund.
``Sec. 110. Information Technology Fund.
``Sec. 111. Automatic data processing equipment.
``Sec. 112. Federal information centers.
``TITLE II--PROPERTY MANAGEMENT
``Sec. 201. Procurement, warehousing, and related activities.
``Sec. 202. Property utilization.
``Sec. 203. Disposal of surplus property.
``Sec. 204. Proceeds from transfer or disposition of property.
``Sec. 205. Policies, regulations, and delegations.
``Sec. 206. Surveys, standardization, and cataloging.
``Sec. 207. Applicability of antitrust laws.
``Sec. 208. Employment of personnel.
``Sec. 209. Civil remedies and penalties.
``Sec. 210. Operation of buildings and related activities.
``Sec. 211. Motor vehicle identification and operation.
``Sec. 212. Reports to Congress.
``TITLE III--PROCUREMENT PROCEDURE
``Sec. 301. Declaration of purpose.
``Sec. 302. Application and procurement methods.
``Sec. 302A. Simplified acquisition threshold.
``Sec. 302B. Implementation of simplified acquisition procedures.
``Sec. 302C. Implementation of FACNET capability.
``Sec. 303. Competition requirements.
``Sec. 303A. Planning and solicitation requirements.
``Sec. 303B. Evaluation and award.
``Sec. 303C. Encouragement of new competition.
``Sec. 303D. Validation of proprietary data restrictions.
``Sec. 303F. Economic order quantities.
``Sec. 303G. Prohibition of contractors limiting subcontractor sales
directly to the United States.
``Sec. 303H. Task and delivery order contracts: general authority.
``Sec. 303I. Task order contracts: advisory and assistance services.
``Sec. 303J. Task and delivery order contracts: orders.
``Sec. 303K. Task and delivery order contracts: definitions.
``Sec. 303L. Severable services contracts for periods crossing fiscal
years.
``Sec. 304. Contract requirements.
``Sec. 304A. Cost or pricing data: truth in negotiations.
``Sec. 304B. Multiyear contracts.
``Sec. 304C. Examination of records of contractor.
``Sec. 305. Contract financing.
``Sec. 306. Allowable costs.
``Sec. 307. Administrative determinations and delegations.
``Sec. 309. Definitions.
``Sec. 310. Statutes not applicable.
``Sec. 311. Assignment and delegation of procurement functions and
responsibilities.
``Sec. 312. Determinations and decisions.
``Sec. 313. Performance based management: acquisition programs.
``Sec. 314. Relationship of commercial item provisions to other
provisions of law.
``Sec. 314A. Definitions relating to procurement of commercial items.
``Sec. 314B. Preference for acquisition of commercial items.
``Sec. 315. Contractor employees: protection from reprisal for
disclosure of certain information.
``TITLE IV--FOREIGN EXCESS PROPERTY
``Sec. 401. Disposal of foreign excess property.
``Sec. 402. Methods and terms of disposal.
``Sec. 403. Proceeds; foreign currencies.
``Sec. 404. Miscellaneous provisions.
``TITLE VI--GENERAL PROVISIONS
``Sec. 601. Applicability of existing procedures.
``Sec. 602. Repeal and saving provisions.
``Sec. 603. Authorization for appropriations and transfer of
authority.
``Sec. 604. Separability.
``Sec. 605. Effective date.
``TITLE VIII--URBAN LAND UTILIZATION
``Sec. 801. Short title.
``Sec. 802. Declaration of purpose and policy.
``Sec. 803. Disposal of urban lands.
``Sec. 804. Acquisition or change of use of real property.
``Sec. 805. Waiver during national emergency.
``Sec. 806. Definitions.
``TITLE IX--SELECTION OF ARCHITECTS AND ENGINEERS
``Sec. 901. Definitions.
``Sec. 902. Policy.
``Sec. 903. Requests for data on architectural and engineering
services.
``Sec. 904. Negotiation of contracts for architectural and engineering
services.
``Sec. 905. Short title.''.
(b) Amendments for Stylistic Consistency.--
(1) Office of federal procurement policy act.--The Office
of Federal Procurement Policy Act (41 U.S.C. 401 et seq.) is
amended so that the section designation and section heading
of each section of such Act is in the same form and typeface
as the section designation and heading of this section.
(2) Federal property and administrative services act of
1949.--The Federal Property and Administrative Services Act
of 1949 (41 U.S.C. 471 et seq.) is amended so that the
section designation and section heading of each section of
such Act is in the same form and typeface as the section
designation and heading of this section.
(c) Repeals of Executed Provisions.--The Office of Federal
Procurement Policy Act (41 U.S.C. 401 et seq.) is amended--
(1) by striking out section 13; and
(2) by striking out the first section 15 (which made
amendments to the Federal Property and Administrative
Services Act of 1949).
(d) Cross Reference Corrections.--Section 3552 of title 31,
United States Code, is amended--
(1) by striking out ``section 111(h)'' and inserting in
lieu thereof ``section 111(f)''; and
(2) by striking out ``759(h)'' and inserting in lieu
thereof ``759(f)''.
(e) Consistency of Terminology With Customary Usage.--
Section 304(b) of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 254(b)) is amended by
striking out ``per centum'' each place it appears and
inserting in lieu thereof ``percent''.
(f) Enactment of Popular Names of Certain Acts.--
(1) Miller act.--The Act of August 24, 1935 (40 U.S.C.
270a-270d), commonly referred to as the ``Miller Act'', is
amended by adding at the end the following new section:
``Sec. 6. This Act may be cited as the `Miller Act'.''.
(2) Brooks architect-engineers act.--Title IX of the
Federal Property and Administrative Services Act of 1949 (40
U.S.C. 541-544) is amended by adding at the end the following
new section:
``SEC. 905. SHORT TITLE.
``This title may be cited as the `Brooks Architect-
Engineers Act'.''.
(3) Brooks automatic data processing act.--Section 111 of
the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 759), as amended by section 1439, is further
amended by adding at the end the following new subsection:
``(i) This section may be cited as the `Brooks Automatic
Data Processing Act'.''.
(4) Buy american act.--The Act of March 3, 1933 (41 U.S.C.
10a-10c), commonly referred to as the ``Buy American Act'',
is amended by adding at the end the following new section:
``Sec. 5. This Act may be cited as the `Buy American
Act'.''.
(5) Walsh-healey act.--The Act of June 30, 1936 (41 U.S.C.
35 et seq.), commonly referred to as the ``Walsh-Healey
Act'', as amended by section 7201, is further amended by
adding at the end the following new section:
``Sec. 12. This Act may be cited as the `Walsh-Healey
Act'.''
(6) Javits-wagner-o'day act.--The Act entitled ``An Act to
create a Committee on Purchases of Blind-made Products, and
for other purposes'', approved June 25, 1938 (41 U.S.C. 46-
48c), that was revised and reenacted in the Act of June 23,
1971 (85 Stat. 77), is amended by adding at the end the
following new section:
``short title
``Sec. 7. This Act may be cited as the `Javits-Wagner-O'Day
Act'.''.
And the House agree to the same.
Conferees from the Committee on Government Operations, for
consideration of the Senate bill, and the House amendment,
and modifications committed to conference:
John Conyers,
Mike Synar,
Steve Neal,
Tom Lantos,
Major R. Owens,
Edolphus Towns,
John M. Spratt, Jr.,
Bobby L. Rush,
Carolyn B. Maloney,
Marjorie Margolies-Mezvinsky,
[[Page 1956]]
Bill Clinger,
Al McCandless,
J. Dennis Hastert,
Jon Kyl,
Christopher Shays,
Steven Schiff,
As additional conferees from the Committee on Armed Services,
for consideration of the Senate bill, and the House
amendment, and modifications committed to conference:
Ronald V. Dellums,
Norman Sisisky,
Lane Evans,
James H. Bilbray,
Chet Edwards,
Elizabeth Furse,
Floyd Spence,
John R. Kasich,
Herbert H. Bateman,
Curt Weldon,
As additional conferees from the Committee on Education and
Labor, for consideration of sections 4024(d), 4101(b),
4101(c), 6101-02, 8005(c)(2), and 11001-04 of the Senate
bill, and section 4105 of the House amendment, and
modifications committed to conference:
William D. Ford,
Austin J. Murphy,
As additional conferees from the Committee on the Judiciary,
for consideration of sections 1421-22, 1437, 2451, 2551-53,
2555, that portion of section 4011 that adds a new section
29(b)(2) to the Federal Procurement Policy Act, sections
4024(a), (b), (c), and (f), 4101(b) and (c), 6001-04, 6053,
and 8005(c)(3) and (c)(4) of the Senate bill; and that
portion of section 4011 that adds a new section 4B(c) to the
Federal Procurement Policy Act, that portion of section 4031
that adds a new subsection (c)(9) to section 23012a of title
10, United States Code, that portion of section 4041 that
adds a new subsection (c)(2) to section 302A of the Federal
Property and Administrative Services Act of 1949, sections
4051, 5003, that portion of section 7106 that adds a new
section 2285(a)(12) to title 10, United States Code, that
portion of section 7205 that adds a new section 314D(a)(4) to
the Federal Property and Administrative Services Act of 1949,
and section 7301(b) of the House amendment, and modifications
committed to conference:
Jack Brooks,
John Bryant,
Hamilton Fish,
As additional conferees from the Committee on Public Works
and Transportation, for consideration of sections 1056 and
1067 of the Senate bill and modifications committed to
conference:
Norman Y. Mineta,
James Traficant,
Bud Shuster,
As additional conferees from the Committee on Small Business,
for consideration of sections 1055(b)(2), 2554, 4102-05, that
portion of section 4011 that adds a new section 29(b)(1) to
the Office of Federal Procurement Policy Act, sections 4012,
4014(d), 4015(d), and 4074 of the Senate bill, and sections
4104 and 8002 of the House amendment, and modifications
committed to conference:
John L. LaFalce,
Neal Smith,
As additional conferees from the Committee on Energy and
Commerce, for consideration of sections 4024(g), 6003(a)(4)
and (b)(4), and 8005(c)(6) of the Senate bill, and
modifications committed to conference:
John D. Dingell,
Al Swift,
Carlos J. Moorhead,
Managers on the Part of the House.
John Glenn,
Sam Nunn,
Dale Bumpers,
Jim Sasser,
J.J. Exon,
Carl Levin,
David Pryor,
Jeff Bingaman,
Richard Shelby,
Byron L. Dorgan,
Bill Roth,
Strom Thurmond,
Ted Stevens,
John Warner,
Bill Cohen,
Larry Pressler,
John McCain,
Bob Smith,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
On motion of Mr. CONYERS, the previous question was ordered on the
conference report to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. GEREN, announced that the yeas had it.
Mr. CONYERS objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
425
When there appeared
<3-line {>
Nays
0
Para. 109.12 [Roll No. 425]
YEAS--425
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Swett
Swift
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Whitten
Williams
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--9
Gallo
Green
Inhofe
Michel
Sundquist
Synar
Washington
Wheat
Wilson
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
[[Page 1957]]
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 109.13 correcting enrollment--s.1587
Mr. CONYERS, by unanimous consent, submitted the following concurrent
resolution (H. Con. Res. 291):
Resolved by the House of Representatives (the Senate
concurring), That in the enrollment of the bill (S. 1587) to
revise and streamline the acquisition laws of the Federal
Government, and for other purposes, the Secretary of the
Senate shall make the following corrections:
(1) In paragraph (2)(A) of the matter proposed to be added
at the end of section 3553(f) of title 31, United States
Code, by paragraph (2) of section 1403(c)--
(A) strike out ``person'' both places it appears and insert
in lieu thereof ``party''; and
(B) strike out ``subparagraph (C)'' and insert in lieu
thereof ``subparagraph (B)''.
(2) In the matter proposed to be inserted in section
111(f)(5) of the Federal Property and Administrative Services
Act of 1949 by subsection (a) of section 1435, insert after
``and no party'' in the second sentence the following:
``(other than a small business concern (within the meaning of
section 3(a) of the Small Business Act))''.
(3) In the matter proposed to be added at the end of the
Office of Federal Procurement Policy Act by section 4101--
(A) strike out ``subsection (c)'' in subsection (a)(2) of
such matter and insert in lieu thereof ``subsection (b)'';
and
(B) strike out ``subsection (a)'' in subsection (b) of such
matter and insert in lieu thereof ``subsection (a)(2)''.
(4) In the matter proposed to be added at the end of the
Office of Federal Procurement Policy Act by section 8003,
strike out ``subsections (a)'' in subsection (c) of such
matter and insert in lieu thereof ``subsections (a)(2)''.
(5) In subsection (c) of section 10001, strike out ``and
7207'' and insert in lieu thereof ``and 7206''.
When said concurrent resolution was considered and agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
Para. 109.14 permission to file conference report
On motion of Mr. SMITH of Iowa, by unanimous consent, the managers on
the part of the House were granted permission until midnight tonight to
file a conference report (Rept. No. 103-733) on the bill (H.R. 4606)
making appropriations for the Departments of Labor, Health and Human
Services, and Education and related agencies, for the fiscal year ending
September 30, 1995, and for other purposes; together with a statement
thereon, for printing in the Record under the rule.
Para. 109.15 permission to file conference report
On motion of Mr. SMITH of Iowa, by unanimous consent, the managers on
the part of the House were granted permission until midnight tonight to
file a conference report (Rept. No. 103-734) on the bill (H.R. 4554)
making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies for the fiscal year ending
September 30, 1995, and for other purposes; together with a statement
thereon, for printing in the Record under the rule.
Para. 109.16 improving america's schools
On motion of Mr. FORD of Michigan, by unanimous consent, the bill
(H.R. 6) to extend for six years the authorizations of appropriations
for the programs under the Elementary and Secondary Education Act of
1965 and for other purposes, together with the amendment of the Senate
thereto, was taken from the Speaker's table.
When on motion of Mr. FORD of Michigan, it was,
Resolved, That the House disagree to the amendment of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Ordered, That the Clerk notify the Senate thereof.
Para. 109.17 motion to instruct conferees--h.r. 6
Mr. GUNDERSON, moved that the managers on the part of the House at the
conference on the disagreeing votes of the two Houses on H.R. 6, be
instructed to insist on the House position with regard to the subject of
School prayer as follows:
``SEC. 9513. PROHIBITION AGAINST FUNDS FOR PROTECTED PRAYER.
``Notwithstanding any provision of law, no funds made
available through the Department of Education under this Act,
or any other Act, shall be available to any State or local
educational agency which has a policy of denying or which
effectively prevents participation in, constitutionally
protected prayer in public schools by individuals on a
voluntary basis. Neither the United States nor any State nor
any local educational agency shall require any person to
participate in prayer or influence the form or content of any
constitutionally protected prayer in such public schools.
After debate,
On motion of Mr. FORD of Michigan, the previous question was ordered
on the motion to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. HASTINGS, announced that the yeas had it.
Mr. JOHNSON of Texas objected to the vote on the ground that a quorum
was not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
369
When there appeared
<3-line {>
Nays
55
Para. 109.18 [Roll No. 426]
YEAS--369
Allard
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Carr
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Combest
Condit
Cooper
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeLauro
DeLay
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
English
Evans
Everett
Ewing
Fawell
Fazio
Fields (LA)
Fields (TX)
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Frost
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meek
Menendez
Meyers
Mfume
Mica
Miller (CA)
Miller (FL)
Minge
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Neal (MA)
Neal (NC)
Nussle
Obey
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Royce
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schiff
Schroeder
Schumer
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Skeen
Skelton
[[Page 1958]]
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Strickland
Studds
Stump
Stupak
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Weldon
Whitten
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--55
Abercrombie
Ackerman
Andrews (ME)
Bacchus (FL)
Beilenson
Berman
Bonior
Cardin
Clay
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Coyne
DeFazio
Edwards (CA)
Engel
Eshoo
Farr
Filner
Fingerhut
Frank (MA)
Furse
Gonzalez
Hamburg
Harman
Hughes
Johnston
Kopetski
Margolies-Mezvinsky
Markey
McDermott
Meehan
Mineta
Mink
Nadler
Oberstar
Olver
Pelosi
Reynolds
Roybal-Allard
Rush
Sabo
Sanders
Schenk
Scott
Skaggs
Stark
Stokes
Swift
Waters
Watt
Waxman
Williams
Yates
NOT VOTING--10
Dellums
Gallo
Green
Inhofe
Michel
Sisisky
Sundquist
Synar
Washington
Wheat
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
Para. 109.19 appointment of conferees--h.r. 6
Thereupon, the SPEAKER pro tempore, Mr. HASTINGS, by unanimous
consent, announced the appointment of the following Members as managers
on the part of the House at said conference:
From the Committee on Education and Labor, for consideration of the
House bill and the Senate amendment (except for sections 601-03 and 801-
05), and modifications committed to conference:
Messrs. Ford of Michigan, Kildee, Williams, Owens, Sawyer, and Payne
of New Jersey, Mrs. Unsoeld, Mrs. Mink of Hawaii, Messrs. Reed, Roemer,
Engel, Becerra, and Gene Green of Texas, Ms. Woolsey, Mr. Romero-
Barcelo, Ms. English of Arizona, Messrs. Strickland, Underwood,
Goodling, and Petri, Mrs. Roukema, Mr. Gunderson, Mr. Ballenger, Ms.
Molinari, and Messrs. Boehner, Cunningham, McKeon, and Miller of
Florida.
From the Committee on Education and Labor, for consideration of
sections 601-03 of the Senate amendment, and modifications committed to
conference:
Messrs. Ford of Michigan, Owens, Payne of New Jersey, Fawell, and
Ballenger.
From the Committee on Education and Labor, for consideration of
sections 801-05 of the Senate amendment, and modifications committed to
conference:
Messrs. Ford of Michigan, Williams, Sawyer, Petri, and Gunderson.
From the Committee on Agriculture, for consideration of sections 801-
05 of the Senate amendment, and modifications committed to conference:
Messrs. de la Garza, Stenholm, and Roberts.
From the Committee on Ways and Means, for consideration of sections
601-03 of the Senate amendment, and modifications committed to
conference:
Messrs. Gibbons, Ford of Tennessee, and Archer.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 109.20 submission of conference report--h.r. 4539
Mr. HOYER submitted a conference report (Rept. No. 103-729) on the
bill (H.R. 4539) making appropriations for the Treasury Department, the
United States Postal Service, the Executive Office of the President, and
certain Independent Agencies, for fiscal year ending September 30, 1995,
and for other purposes; together with a statement thereon, for printing
in the Record under the rule.
Para. 109.21 network broadcast treatment
Mr. BROOKS moved to suspend the rules and pass the bill of the Senate
(S. 2406) to amend title 17, United States Code, relating to the
definition of a local service area of a primary transmitter, and for
other purposes; as amended.
The SPEAKER pro tempore, Mr. HASTINGS, recognized Mr. BROOKS and Mr.
MOORHEAD, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. HASTINGS, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
Para. 109.22 nationality and naturalization amendments
Mr. MAZZOLI moved to suspend the rules and agree to the following
resolution (H. Res. 533):
Resolved, That upon the adoption of this resolution the
bill (H.R. 783) to amend title III of the Immigration and
Nationality Act to make changes in the laws relating to
nationality and naturalization be and is hereby taken from
the Speaker's table to the end that the Senate amendment to
the text of the bill be and is hereby agreed to with the
following amendment:
In lieu of the matter proposed to be inserted by the
amendment of the Senate to the text of the bill H.R. 783,
insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigration and Nationality
Technical Corrections Act of 1994''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--NATIONALITY AND NATURALIZATION
Sec. 101. Equal treatment of women in conferring citizenship to
children born abroad.
Sec. 102. Naturalization of children on application of citizen parent.
Sec. 103. Former citizens of United States regaining United States
citizenship.
Sec. 104. Intent to reside permanently in the United States after
naturalization.
Sec. 105. Terminology relating to expatriation.
Sec. 106. Administrative and judicial determinations relating to loss
of citizenship.
Sec. 107. Cancellation of United States passports and consular reports
of birth.
Sec. 108. Expanding waiver of the Government knowledge, United States
history, and English language requirements for
naturalization.
Sec. 109. Report on citizenship of certain legalized aliens.
TITLE II--TECHNICAL CORRECTIONS OF IMMIGRATION LAWS
Sec. 201. American Institute in Taiwan.
Sec. 202. G-4 special immigrants.
Sec. 203. Clarification of certain grounds for exclusion and
deportation.
Sec. 204. United States citizens entering and departing on United
States passports.
Sec. 205. Applications for visas.
Sec. 206. Family unity.
Sec. 207. Technical amendment regarding one-house veto.
Sec. 208. Authorization of appropriations for refugee assistance for
fiscal years 1995, 1996, and 1997.
Sec. 209. Fines for unlawful bringing of aliens into the United States.
Sec. 210. Extension of visa waiver pilot program.
Sec. 211. Creation of probationary status for participant countries in
the visa waiver pilot program.
Sec. 212. Technical changes to numerical limitations concerning certain
special immigrants.
Sec. 213. Extension of telephone employment verification system.
Sec. 214. Extension of expanded definition of special immigrant for
religious workers.
Sec. 215. Extension of off-campus work authorization for students.
Sec. 216. Eliminating obligation of carriers to detain stowaways.
Sec. 217. Completing use of visas provided under diversity transition
program.
Sec. 218. Effect on preference date of application for labor
certification.
Sec. 219. Other miscellaneous and technical corrections to immigration-
related provisions.
[[Page 1959]]
TITLE I--NATIONALITY AND NATURALIZATION
SEC. 101. EQUAL TREATMENT OF WOMEN IN CONFERRING CITIZENSHIP
TO CHILDREN BORN ABROAD.
(a) In General.--Section 301 of the Immigration and
Nationality Act (8 U.S.C. 1401) is amended--
(1) by striking the period at the end of paragraph (g) and
inserting ``; and'', and
(2) by adding at the end the following new paragraph:
``(h) a person born before noon (Eastern Standard Time) May
24, 1934, outside the limits and jurisdiction of the United
States of an alien father and a mother who is a citizen of
the United States who, prior to the birth of such person, had
resided in the United States.''.
(b) Waiver of Retention Requirements.--Any provision of law
(including section 301(b) of the Immigration and Nationality
Act (as in effect before October 10, 1978), and the provisos
of section 201(g) of the Nationality Act of 1940) that
provided for a person's loss of citizenship or nationality if
the person failed to come to, or reside or be physically
present in, the United States shall not apply in the case of
a person claiming United States citizenship based on such
person's descent from an individual described in section
301(h) of the Immigration and Nationality Act (as added by
subsection (a)).
(c) Retroactive Application.--(1) Except as provided in
paragraph (2), the immigration and nationality laws of the
United States shall be applied (to persons born before, on,
or after the date of the enactment of this Act) as though the
amendment made by subsection (a), and subsection (b), had
been in effect as of the date of their birth, except that the
retroactive application of the amendment and that subsection
shall not affect the validity of citizenship of anyone who
has obtained citizenship under section 1993 of the Revised
Statutes (as in effect before the enactment of the Act of May
24, 1934 (48 Stat. 797)).
(2) The retroactive application of the amendment made by
subsection (a), and subsection (b), shall not confer
citizenship on, or affect the validity of any
denaturalization, deportation, or exclusion action against,
any person who is or was excludable from the United States
under section 212(a)(3)(E) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(3)(E)) (or predecessor provision) or
who was excluded from, or who would not have been eligible
for admission to, the United States under the Displaced
Persons Act of 1948 or under section 14 of the Refugee Relief
Act of 1953.
(d) Application to Transmission of Citizenship.--This
section, the amendments made by this section, and any
retroactive application of such amendments shall not effect
any residency or other retention requirements for citizenship
as in effect before October 10, 1978, with respect to the
transmission of citizenship.
SEC. 102. NATURALIZATION OF CHILDREN ON APPLICATION OF
CITIZEN PARENT.
(a) In General.--Section 322 of the Immigration and
Nationality Act (8 U.S.C. 1433) is amended to read as
follows:
``child born outside the united states; application for certificate of
citizenship requirements
``Sec. 322. (a) A parent who is a citizen of the United
States may apply to the Attorney General for a certificate of
citizenship on behalf of a child born outside the United
States. The Attorney General shall issue such a certificate
of citizenship upon proof to the satisfaction of the Attorney
General that the following conditions have been fulfilled:
``(1) At least one parent is a citizen of the United
States, whether by birth or naturalization.
``(2) The child is physically present in the United States
pursuant to a lawful admission.
``(3) The child is under the age of 18 years and in the
legal custody of the citizen parent.
``(4) If the citizen parent is an adoptive parent of the
child, the child was adopted by the citizen parent before the
child reached the age of 16 years and the child meets the
requirements for being a child under subparagraph (E) or (F)
of section 101(b)(1).
``(5) If the citizen parent has not been physically present
in the United States or its outlying possessions for a period
or periods totaling not less than five years, at least two of
which were after attaining the age of fourteen years--
``(A) the child is residing permanently in the United
States with the citizen parent, pursuant to a lawful
admission for permanent residence, or
``(B) a citizen parent of the citizen parent has been
physically present in the United States or its outlying
possessions for a period or periods totaling not less than
five years, at least two of which were after attaining the
age of fourteen years.
``(b) Upon approval of the application (which may be filed
abroad) and, except as provided in the last sentence of
section 337(a), upon taking and subscribing before an officer
of the Service within the United States to the oath of
allegiance required by this Act of an applicant for
naturalization, the child shall become a citizen of the
United States and shall be furnished by the Attorney General
with a certificate of citizenship.
``(c) Subsection (a) of this section shall apply to the
adopted child of a United States citizen adoptive parent if
the conditions specified in such subsection have been
fulfilled.''.
(b) Conforming Amendment.--Subsection (c) of section 341 of
such Act (8 U.S.C. 1452) is repealed.
(c) Clerical Amendment.--The item in the table of contents
of such Act relating to section 322 is amended to read as
follows:
``Sec. 322. Child born outside the United States; application for
certificate of citizenship requirements.''.
(d) Effective Date.--The amendments made by this section
shall take effect on the first day of the first month
beginning more than 120 days after the date of the enactment
of this Act.
SEC. 103. FORMER CITIZENS OF UNITED STATES REGAINING UNITED
STATES CITIZENSHIP.
(a) In General.--Section 324 of the Immigration and
Nationality Act (8 U.S.C. 1435) is amended by adding at the
end the following new subsection:
``(d)(1) A person who was a citizen of the United States at
birth and lost such citizenship for failure to meet the
physical presence retention requirements under section 301(b)
(as in effect before October 10, 1978), shall, from and after
taking the oath of allegiance required by section 337 be a
citizen of the United States and have the status of a citizen
of the United States by birth, without filing an application
for naturalization, and notwithstanding any of the other
provisions of this title except the provisions of section
313. Nothing in this subsection or any other provision of law
shall be construed as conferring United States citizenship
retroactively upon such person during any period in which
such person was not a citizen.
``(2) The provisions of paragraphs (2) and (3) of
subsection (c) shall apply to a person regaining citizenship
under paragraph (1) in the same manner as they apply under
subsection (c)(1).''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the first day of the first month
beginning more than 120 days after the date of the enactment
of this Act.
SEC. 104. INTENT TO RESIDE PERMANENTLY IN THE UNITED STATES
AFTER NATURALIZATION.
(a) In General.--Section 338 of the Immigration and
Nationality Act (8 U.S.C. 1449) is amended by striking
``intends to reside permanently in the United States, except
in cases falling within the provisions of section 324(a) of
this title,''.
(b) Conforming Repeal.--Section 340(d) of such Act (8
U.S.C. 1451(d)) is repealed.
(c) Conforming Redesignation.--Section 340 of such Act (8
U.S.C. 1451) is amended--
(1) by redesignating subsections (e), (f), (g), (h), and
(i) as subsections (d), (e), (f), (g), and (h), respectively;
and
(2) in subsection (d) (as redesignated), by striking
``subsections (c) or (d)'' and inserting ``subsection (c)''.
(d) Conforming Amendment.--Section 405 of the Immigration
Act of 1990 is amended by striking subsection (b).
(e) Effective Date.--The amendment made by subsection (a)
shall apply to persons admitted to citizenship on or after
the date of enactment of this Act.
SEC. 105. TERMINOLOGY RELATING TO EXPATRIATION.
(a) In General.--Section 351 of the Immigration and
Nationality Act (8 U.S.C. 1483) is amended--
(1) in the heading, by striking ``expatriation'' and
inserting ``loss of nationality'';
(2) in subsection (a)--
(A) by striking ``expatriate himself, or be expatriated''
and inserting ``lose United States nationality'', and
(B) by striking ``expatriation'' and inserting ``loss of
nationality''; and
(3) in subsection (b), by striking ``expatriated himself''
and inserting ``lost United States nationality''.
(b) Clerical Amendment.--The item in the table of contents
of such Act relating to section 351 is amended to read as
follows:
``Sec. 351. Restrictions on loss of nationality.''.
SEC. 106. ADMINISTRATIVE AND JUDICIAL DETERMINATIONS RELATING
TO LOSS OF CITIZENSHIP.
Section 358 of the Immigration and Nationality Act (8
U.S.C. 1501) is amended by adding at the end the following
new sentence: ``Approval by the Secretary of State of a
certificate under this section shall constitute a final
administrative determination of loss of United States
nationality under this Act, subject to such procedures for
administrative appeal as the Secretary may prescribe by
regulation, and also shall constitute a denial of a right or
privilege of United States nationality for purposes of
section 360.''.
SEC. 107. CANCELLATION OF UNITED STATES PASSPORTS AND
CONSULAR REPORTS OF BIRTH.
(a) In General.--Title III of the Immigration and
Nationality Act is amended by adding at the end the following
new section:
``CANCELLATION OF UNITED STATES PASSPORTS AND CONSULAR REPORTS OF BIRTH
``Sec. 361. (a) The Secretary of State is authorized to
cancel any United States passport or Consular Report of
Birth, or certified copy thereof, if it appears that such
document was illegally, fraudulently, or erroneously obtained
from, or was created through illegality or fraud practiced
upon, the Secretary. The person for or to whom such document
has been issued or made shall be given, at such person's last
known address, written notice of the cancellation of
[[Page 1960]]
such document, together with the procedures for seeking a
prompt post-cancellation hearing. The cancellation under this
section of any document purporting to show the citizenship
status of the person to whom it was issued shall affect only
the document and not the citizenship status of the person in
whose name the document was issued.
``(b) For purposes of this section, the term `Consular
Report of Birth' refers to the report, designated as a
`Report of Birth Abroad of a Citizen of the United States',
issued by a consular officer to document a citizen born
abroad.''.
(b) Clerical Amendment.--The table of contents is amended
by inserting after the item relating to section 360 the
following new item:
``Sec. 361. Cancellation of United States passports and Consular
Reports of Birth.''.
SEC. 108. EXPANDING WAIVER OF THE GOVERNMENT KNOWLEDGE,
UNITED STATES HISTORY, AND ENGLISH LANGUAGE
REQUIREMENTS FOR NATURALIZATION.
(a) In General.--Section 312 of the Immigration and
Nationality Act (8 U.S.C. 1423) is amended--
(1) by inserting ``(a)'' after ``312.'',
(2) by striking ``this requirement'' and all that follows
through ``That'',
(3) by striking ``this section'' and inserting ``this
paragraph'', and
(4) by adding at the end the following new subsection:
``(b)(1) The requirements of subsection (a) shall not apply
to any person who is unable because of physical or
developmental disability or mental impairment to comply
therewith.
``(2) The requirement of subsection (a)(1) shall not apply
to any person who, on the date of the filing of the person's
application for naturalization as provided in section 334,
either--
``(A) is over fifty years of age and has been living in the
United States for periods totalling at least twenty years
subsequent to a lawful admission for permanent residence, or
``(B) is over fifty-five years of age and has been living
in the United States for periods totaling at least fifteen
years subsequent to a lawful admission for permanent
residence.
``(3) The Attorney General, pursuant to regulations, shall
provide for special consideration, as determined by the
Attorney General, concerning the requirement of subsection
(a)(2) with respect to any person who, on the date of the
filing of the person's application for naturalization as
provided in section 334, is over sixty-five years of age and
has been living in the United States for periods totaling at
least twenty years subsequent to a lawful admission for
permanent residence.''.
(b) Conforming Amendments.--Section 245A(b)(1)(D) of such
Act (8 U.S.C. 1254a(b)(1)(D)) is amended by striking ``312''
each place it appears and inserting ``312(a)''.
(c) Effective Date.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act
and shall apply to applications for naturalization filed on
or after such date and to such applications pending on such
date.
(d) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Attorney General shall promulgate
regulations to carry out section 312(b)(3) of the Immigration
and Nationality Act (as amended by subsection (a)).
SEC. 109. REPORT ON CITIZENSHIP OF CERTAIN LEGALIZED ALIENS.
Not later than June 30, 1996, the Commissioner of the
Immigration and Naturalization Service shall prepare and
submit to the Congress a report concerning the citizenship
status of aliens legalized under section 245A and section 210
of the Immigration and Nationality Act. Such report shall
include the following information by district office for each
national origin group:
(1) The number of applications for citizenship filed.
(2) The number of applications approved.
(3) The number of applications denied.
(4) The number of applications pending.
TITLE II--TECHNICAL CORRECTIONS OF IMMIGRATION LAWS
SEC. 201. AMERICAN INSTITUTE IN TAIWAN.
Section 101(a)(27)(D) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(27)(D)) is amended--
(1) by inserting ``or of the American Institute in
Taiwan,'' after ``of the United States Government abroad,'';
and
(2) by inserting ``(or, in the case of the American
Institute in Taiwan, the Director thereof)'' after ``Foreign
Service establishment''.
SEC. 202. G-4 SPECIAL IMMIGRANTS.
Section 101(a)(27)(I)(iii) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)(I)(iii)) is amended by
striking ``(II)'' and all that follows through ``; or'' and
inserting the following: ``(II) files a petition for status
under this subparagraph no later than six months after the
date of such retirement or six months after the date of
enactment of the Immigration and Nationality Technical
Corrections Act of 1994, whichever is later; or''.
SEC. 203. CLARIFICATION OF CERTAIN GROUNDS FOR EXCLUSION AND
DEPORTATION.
(a) Exclusion Grounds.--Section 212 of the Immigration and
Nationality Act (8 U.S.C. 1182) is amended--
(1) in subsection (a)(2)(A)(i)(I), by inserting ``or an
attempt or conspiracy to commit such a crime'' after
``offense)'',
(2) in subsection (a)(2)(A)(i)(II), by inserting ``or
attempt'' after ``conspiracy'', and
(3) in the last sentence of subsection (h), by inserting
``, or an attempt or conspiracy to commit murder or a
criminal act involving torture'' after ``torture''.
(b) Deportation Grounds.--Section 241(a) of such Act (8
U.S.C. 1251(a)) is amended--
(1) in paragraph (2)(C)--
(A) by striking ``in violation of any law,'' and inserting
``, or of attempting or conspiring to purchase, sell, offer
for sale, exchange, use own, possess, or carry,'', and
(B) by inserting ``in violation of any law'' after
``Code)''; and
(2) in paragraph (3)(B), by inserting ``an attempt or''
before ``a conspiracy'' each place it appears in clauses (ii)
and (iii).
(c) Effective Date.--The amendments made by this section
shall apply to convictions occurring before, on, or after the
date of the enactment of this Act.
SEC. 204. UNITED STATES CITIZENS ENTERING AND DEPARTING ON
UNITED STATES PASSPORTS.
(a) In General.--Section 215(b) of the Immigration and
Nationality Act (8 U.S.C. 1185(b)) is amended by inserting
``United States'' after ``valid''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to departures and entries (and attempts thereof)
occurring on or after the date of enactment of this Act.
SEC. 205. APPLICATIONS FOR VISAS.
(a) In General.--The second sentence of section 222(a) of
the Immigration and Nationality Act (8 U.S.C. 1202(a)) is
amended--
(1) by striking ``the immigrant'' and inserting ``the
alien'', and
(2) by striking ``present address'' and all that follows
through ``exempt from exclusion under the immigration
laws;''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to applications made on or after the date of the
enactment of this Act.
SEC. 206. FAMILY UNITY.
(a) In General.--Section 301(a) of the Immigration Act of
1990 is amended by inserting after ``May 5, 1988'' the
following: ``(in the case of a relationship to a legalized
alien described in subsection (b)(2)(B) or (b)(2)(C)) or as
of December 1, 1988 (in the case of a relationship to a
legalized alien described in subsection (b)(2)(A))''.
(b) Effective Date.--The amendment made by subsection (a)
shall be deemed to have become effective as of October 1,
1991.
SEC. 207. TECHNICAL AMENDMENT REGARDING ONE-HOUSE VETO.
Section 13(c) of the Act of September 11, 1957 (8 U.S.C.
1255b(c)) is amended--
(1) by striking the third sentence; and
(2) in the fourth sentence, by striking ``If neither the
Senate nor the House of Representatives passes such a
resolution within the time above specified the'' and
inserting ``The''.
SEC. 208. AUTHORIZATION OF APPROPRIATIONS FOR REFUGEE
ASSISTANCE FOR FISCAL YEARS 1995, 1996, AND
1997.
Section 414(a) of the Immigration and Nationality Act (8
U.S.C. 1524(a)) is amended by striking ``fiscal year 1993 and
fiscal year 1994'' and inserting ``fiscal year 1995, fiscal
year 1996, and fiscal year 1997''.
SEC. 209. FINES FOR UNLAWFUL BRINGING OF ALIENS INTO THE
UNITED STATES.
(a) In General.--Section 273 of the Immigration and
Nationality Act (8 U.S.C. 1323) is amended--
(1) in subsections (b) and (d) by striking ``the sum of
$3000'' and inserting ``a fine of $3000'' each place it
appears;
(2) in the first sentence of subsection (b) by striking ``a
sum equal'' and inserting ``an amount equal'';
(3) in the second sentence of subsection (d) by striking
``a sum sufficient to cover such fine'' and inserting ``an
amount sufficient to cover such fine'';
(4) by striking ``sum'' and ``sums'' each place either
appears and inserting ``fine'';
(5) in subsection (c) by striking ``Such'' and inserting
``Except as provided in subsection (e), such''; and
(6) by adding at the end the following new subsection:
``(e) A fine under this section may be reduced, refunded,
or waived under such regulations as the Attorney General
shall prescribe in cases in which--
``(1) the carrier demonstrates that it had screened all
passengers on the vessel or aircraft in accordance with
procedures prescribes by the Attorney General, or
``(2) circumstances exist that the Attorney General
determines would justify such reduction, refund, or
waiver.''.
(b) Effective Date.--The amendments made by this subsection
shall apply with respect to aliens brought to the United
States more than 60 days after the date of enactment of this
Act.
SEC. 210. EXTENSION OF VISA WAIVER PILOT PROGRAM.
Section 217(f) of the Immigration and Nationality Act (8
U.S.C. 1187(f)) is amended by striking ``ending'' and all
that follows through the period and inserting ``ending on
September 30, 1996''.
SEC. 211. CREATION OF PROBATIONARY STATUS FOR PARTICIPANT
COUNTRIES IN THE VISA WAIVER PROGRAM.
Section 217 of the Immigration and Nationality Act (8
U.S.C. 1187) is amended--
(1) in subsection (a)(2)(B) by inserting before the period
``or is designated as a pilot program country with
probationary status under subsection (g)'';
(2) by adding at the end the following new subsection:
[[Page 1961]]
``(g) Pilot Program Country With Probationary Status.--
``(1) In general.--The Attorney General and the Secretary
of State acting jointly may designate any country as a pilot
program country with probationary status if it meets the
requirements of paragraph (2).
``(2) Qualifications.--A country may not be designated as a
pilot program country with probationary status unless the
following requirements are met:
``(A) Nonimmigrant visa refusal rate for previous 2-year
period.--The average number of refusals of nonimmigrant
visitor visas for nationals of the country during the two
previous full fiscal years was less than 3.5 percent of the
total number of nonimmigrant visitor visas for nationals of
that country which were granted or refused during those
years.
``(B) Nonimmigrant visa refusal rate for previous year.--
The number of refusals of nonimmigrant visitor visas for
nationals of the country during the previous full fiscal year
was less than 3 percent of the total number of nonimmigrant
visitor visas for nationals of that country which were
granted or refused during that year.
``(C) Low exclusions and violations rate for previous
year.--The sum of--
``(i) the total number of nationals of that country who
were excluded from admission or withdrew their application
for admission during the preceding fiscal year as a
nonimmigrant visitor, and
``(ii) the total number of nationals of that country who
were admitted as nonimmigrant visitors during the preceding
fiscal year and who violated the terms of such admission,
was less than 1.5 percent of the total number of nationals of
that country who applied for admission as nonimmigrant
visitors during the preceding fiscal year.
``(D) Machine readable passport program.--The government of
the country certifies that it has or is in the process of
developing a program to issue machine-readable passports to
its citizens.
``(3) Continuing and subsequent qualifications for pilot
program countries with probationary status.--The designation
of a country as a pilot program country with probationary
status shall terminate if either of the following occurs:
``(A) The sum of--
``(i) the total number of nationals of that country who
were excluded from admission or withdrew their application
for admission during the preceding fiscal year as a
nonimmigrant visitor, and
``(ii) the total number of nationals of that country who
were admitted as visitors during the preceding fiscal year
and who violated the terms of such admission,
is more than 2.0 percent of the total number of nationals of
that country who applied for admission as nonimmigrant
visitors during the preceding fiscal year.
``(B) The country is not designated as a pilot program
country under subsection (c) within 3 fiscal years of its
designation as a pilot program country with probationary
status under this subsection.''.
``(4) Designation of pilot program countries with
probationary status as pilot program countries.--In the case
of a country which was a pilot program country with
probationary status in the preceding fiscal year, a country
may be designated by the Attorney General and the Secretary
of State, acting jointly, as a pilot program country under
subsection (c) if--
``(A) the total of the number of nationals of that country
who were excluded from admission or withdrew their
application for admission during the preceding fiscal year as
a nonimmigrant visitor, and
``(B) the total number of nationals of that country who
were admitted as nonimmigrant visitors during the preceding
fiscal year and who violated the terms of such admission,
was less than 2 percent of the total number of nationals of
that country who applied for admission as nonimmigrant
visitors during such preceding fiscal year.''; and
(3) in subsection (c)((2) by striking ``A country'' and
inserting ``Except as provided in subsection (g)(4), a
country''.
SEC. 212. TECHNICAL CHANGES TO NUMERICAL LIMITATIONS
CONCERNING CERTAIN SPECIAL IMMIGRANTS.
(a) Panama Canal Special Immigrants.--Section 3201 of the
Panama Canal Act of 1979 (Public Law 96-70) is amended by
striking subsection (c).
(b) Armed Forces Special Immigrants.--Section 203(b)(6) of
the Immigration and Nationality Act (8 U.S.C. 1153(b)(6)) is
amended by striking subparagraph (C).
SEC. 213. EXTENSION OF TELEPHONE EMPLOYMENT VERIFICATION
SYSTEM.
Section 274A(d)(4)(A) of the Immigration and Nationality
Act (8 U.S.C. 1324a(d)(4)(A)) is amended in the second
sentence by striking ``three'' and inserting ``five''.
SEC. 214. EXTENSION OF EXPANDED DEFINITION OF SPECIAL
IMMIGRANT FOR RELIGIOUS WORKERS.
Section 101(a)(27)(C)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)) is amended--
(1) in subclause (II) by striking ``1994,'' and inserting
``1997,''; and
(2) in subclause (III) by striking ``1994,'' and inserting
``1997,''.
SEC. 215. EXTENSION OF OFF-CAMPUS WORK AUTHORIZATION FOR
STUDENTS.
(a) In General.--Section 221 of the Immigration Act of 1990
(Pub. Law 101-649; 104 Stat. 4978) as amended by section
303(b)(1) of the Miscellaneous and Technical Immigration and
Naturalization Amendments of 1991 (Pub. Law 102-232; 105
Stat. 1747) is amended--
(1) in the heading for subsection (a) by striking ``3-
Year'' and inserting ``5-Year''; and
(2) in subsection (a) by striking ``3-year'' and inserting
``5-year''; and
(3) in subsection (b) by striking ``1994,'' and inserting
``1996,''.
SEC. 216. ELIMINATING OBLIGATION OF CARRIERS TO DETAIN
STOWAWAYS.
The first sentence of section 273(d) of the Immigration and
Nationality Act (8 U.S.C. 1323(d)) is amended to read as
follows: ``The owner, charterer, agent, consignee, commanding
officer, or master of any vessel or aircraft arriving at the
United States from any place outside the United States who
fails to deport any alien stowaway on the vessel or aircraft
on which such stowaway arrived or on another vessel or
aircraft at the expense of the vessel or aircraft on which
such stowaway arrived when required to do so by an
immigration officer, shall pay to the Commissioner the sum of
$3,000 for each alien stowaway, in respect of whom any such
failure occurs.''.
SEC. 217. COMPLETING USE OF VISAS PROVIDED UNDER DIVERSITY
TRANSITION PROGRAM.
(a) Extension of Diversity Transition Program.--Section 132
of the Immigration Act of 1990 (Public Law 101-649) is
amended--
(1) in subsection (a), by inserting before the period at
the end of the first sentence the following: ``and in fiscal
year 1995 a number of immigrant visas equal to the number of
such visas provided (but not made available) under this
section in previous fiscal years''; and
(2) in the next to last sentence of subsection (c), by
striking ``or 1993'' and inserting ``, 1993, or 1994''.
(b) Administration of 1995 Diversity Transition Program.--
(1) Eligibility.--For the purpose of carrying out the
extension of the diversity transition program under the
amendments made by subsection (a), applications for natives
of diversity transition countries submitted for fiscal year
1995 for diversity immigrants under section 203(c) of the
Immigration and Nationality Act shall be considered
applications for visas made available for fiscal year 1995
for the diversity transition program under section 132 of the
Immigration Act of 1990. No application period for the fiscal
year 1995 diversity transition program shall be established
and no new applications may be accepted for visas made
available under such program for fiscal year 1995.
Applications for visas in excess of the minimum available to
natives of the country specified in section 132(c) of the
Immigration Act of 1990 shall be selected for qualified
applicants within the several regions defined in section
203(c)(1)(F) of the Immigration and Nationality Act in
proportion to the region's share of visas issued in the
diversity transition program during fiscal years 1992 and
1993.
(2) Notification.--Not later than 180 days after the date
of enactment of this Act, notification of the extension of
the diversity transition program for fiscal year 1995 and the
provision of visa numbers shall be made to each eligible
applicant under paragraph (1).
(3) Requirements.--Notwithstanding any other provision of
law, for the purpose of carrying out the extention of the
diversity transition program under the amendments made by
subsection (a), the requirement of section 132(b)(2) of the
Immigration Act of 1990 shall not apply to applicants under
such extension and the requirement of section 203(c)(2) of
the Immigration and Nationality Act shall apply to such
applicants.
SEC. 218. EFFECT ON PREFERENCE DATE OF APPLICATION FOR LABOR
CERTIFICATION.
Section 161(c)(1) of the Immigration Act of 1990 (Public
Law 101-649) is amended--
(1) by striking ``or an application for labor certification
before such date under section 212(a)(14)''; and
(2) in subparagraph (A)--
(A) by striking ``or application''; and
(B) by striking ``, or 60 days after the date of
certification in the case of labor certifications filed in
support of the petition under section 212(a)(14) of such Act
before October 1, 1991, but not certified until after October
1, 1993''.
SEC. 219. OTHER MISCELLANEOUS AND TECHNICAL CORRECTIONS TO
IMMIGRATION-RELATED PROVISIONS.
(a) Section 101(a)(27)(J)(i) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)(J)(i)) is amended by
striking ``and has'' and inserting ``or whom such a court has
legally committed to, or placed under the custody of, an
agency or department of a State and who has''.
(b)(1) The second sentence of section 201(b)(2)(A)(i) of
the Immigration and Nationality Act (8 U.S.C.
1151(b)(2)(A)(i)) is amended by inserting ``(and each child
of the alien)'' after ``the alien''.
(2) The second sentence of section 204(a)(1)(A) of such Act
(8 U.S.C. 1154(a)(1)(A)) is amended--
(A) by inserting ``spouse'' after ``alien'', and
(B) by inserting ``of the alien (and the alien's
children)'' after ``for classification''.
(c) Section 203(b)(5) of the Immigration and Nationality
Act (8 U.S.C. 1153(b)(5)) is amended by striking
``Targetted'', ``targetted'', and ``targetted'' each place
each appears and inserting ``Targeted'', ``targeted'', and
``targeted'', respectively.
[[Page 1962]]
(d) Section 210(d)(3) of the Immigration and Nationality
Act (8 U.S.C. 1160(d)(3)) is amended by inserting ``the''
before ``Service'' the first place it appears.
(e) Section 212(d)(11) of the Immigration and Nationality
Act (8 U.S.C. 1182(d)(11)) is amended by striking
``voluntary'' and inserting ``voluntarily''.
(f) Section 258 of the Immigration and Nationality Act (8
U.S.C. 1288) is amended in subsection (d)(3)(B) by striking
``subparagraph (A)'' and inserting ``subparagraph (A)(iii)''.
(g) Section 241(c) of the Immigration and Nationality Act
(8 U.S.C. 1251(c)) is amended by striking ``or (3)(A) of
subsection 241(a)'' and inserting ``and (3)(A) of subsection
(a)''.
(h) Section 242(h) of the Immigration and Nationality Act
(8 U.S.C. 1252(h)) is amended by striking ``Parole,,'' and
inserting ``Parole,''.
(i) Section 242B(c)(1) of the Immigration and Nationality
Act (8 U.S.C. 1252b(c)(1)) is amended by striking the comma
after ``that''.
(j) Section 244A(c)(2)(A)(iii)(III) of the Immigration and
Nationality Act (8 U.S.C. 1254a(c)(2)(A)(iii)(III)) is
amended--
(1) by striking ``Paragraphs'' and inserting
``paragraphs'', and
(2) by striking ``or (3)(E)'' and inserting ``and (3)(E)''.
(k) Section 245(h)(2)(B) of the Immigration and Nationality
Act (8 U.S.C. 1255(h)(2)(B)) is amended by striking ``or
(3)(E)'' and inserting ``and (3)(E)''.
(l)(1) Subparagraph (C) of section 245A(c)(7) of the
Immigration and Nationality Act (8 U.S.C. 1255a(c)(7)), as
added by Public Law 102-140, is amended--
(A) by indenting it 2 additional ems to the right; and
(B) by striking ``subsection (B)'' and inserting
``subparagraph (B)''.
(2) Section 610(b) of Public Law 102-140 is amended by
striking ``404(b)(2)(ii)'' and ``404(b)(2)(iii)'' and
inserting ``404(b)(2)(A)(ii)'' and ``404(b)(2)(A)(iii)'',
respectively.
(m) Effective as of the date of the enactment of this Act,
section 246(a) of the Immigration and Nationality Act (8
U.S.C. 1256(a)) is amended by striking the first 3 sentences.
(n) Section 262(c) of the Immigration and Nationality Act
(8 U.S.C. 1302(c)) is amended by striking ``subsection (a)
and (b)'' and inserting ``subsections (a) and (b)''.
(o) Section 272(a) of the Immigration and Nationality Act
(8 U.S.C. 1322(a)) is amended by striking the comma after
``so afflicted''.
(p) The first sentence of section 273(b) of the Immigration
and Nationality Act (8 U.S.C. 1323(b)) is amended by striking
``collector of customs'' and inserting ``Commissioner''.
(q) Section 274B(g)(2)(C) of the Immigration and
Nationality Act (8 U.S.C. 1324b(g)(2)(C)) is amended by
striking ``an administrative law judge'' and inserting ``the
Special Counsel''.
(r) Section 274C(b) of the Immigration and Nationality Act
(8 U.S.C. 1324c(b)) is amended by striking ``title V'' and
all that follows through ``3481)''and inserting ``chapter 224
of title 18, United States Code''.
(s) Section 280(b)(1)(C) of the Immigration and Nationality
Act (8 U.S.C. 1330(b)(1)(C)) is amended by striking
``maintainance'' and inserting ``maintenance''.
(t) Effective as if included in the enactment of Public Law
102-395, subsection (r) of section 286 of the Immigration and
Nationality Act (8 U.S.C. 1356), as added by section 112 of
such Public Law, is amended--
(1) in the subsection heading, by striking ``Breached Bond/
Detention Account'' and inserting ``Breached Bond/Detention
Fund'';
(2) in paragraph (1), by striking ``(hereafter referred to
as the Fund)'' and inserting ``(in this subsection referred
to as the `Fund')'';
(3) in paragraph (2), by striking ``the Immigration and
Nationality Act of 1952, as amended,'' and inserting ``this
Act'';
(4) in paragraphs (4) and (6), by striking ``the Breached
Bond/Detention'' each place it appears;
(5) in paragraph (4), by striking ``of this Act'' and
inserting ``of Public Law 102-395''; and
(6) in paragraph (5), by striking ``account'' and inserting
``Fund''.
(u) Section 310(b)(5)(A) of the Immigration and Nationality
Act (8 U.S.C. 1421(b)(5)(A)) is amended by striking
``District Court'' and inserting ``district court''.
(v) Effective December 12, 1991, section 313(a)(2) of the
Immigration and Nationality Act (8 U.S.C. 1424(a)(2)) is
amended by striking ``and'' before ``(F)'' and inserting
``or''.
(w) Section 333(b)(1) of the Immigration and Nationality
Act (8 U.S.C. 1444(b)(1)) is amended by striking ``249(a)''
and inserting ``249''.
(x) Section 412(e)(7)(D) of the Immigration and Nationality
Act (8 U.S.C. 1522(e)(7)(D)) is amended by striking
``paragraph (1) or (2) of''.
(y) Section 302(c) of the Immigration Act of 1990 is
amended by striking ``effect'' and inserting ``affect''.
(z) Effective as if included in the Miscellaneous and
Technical Immigration and Naturalization Amendments of 1991--
(1) section 303(a)(7)(B)(i) of such Act is amended by
striking ``paragraph (1)(A)'' and inserting ``paragraph
(1)(A)(i)'';
(2) section 304(b)(2) of such Act is amended by striking
``paragraph (1)(B)'' and inserting ``subsection (c)(1)(B)'';
(3) paragraph (1) of section 305(j) of such Act is repealed
(and section 407(d)(16)(C) of the Immigration Act of 1990
shall read as if such paragraph had not been enacted);
(4) paragraph (2) of section 306(b) of such Act is amended
to read as follows:
``(2) Section 538(a) of the Immigration Act of 1990 is
amended by striking the comma after `Service'.'';
(5) section 307(a)(6) of such Act is amended by striking
``immigrants'' the first place it appears and inserting
``immigrant aliens'';
(6) section 309(a)(3) of such Act is amended by striking
``paragraph (1) and (2)'' and inserting ``paragraphs (1)(A)
and (1)(B)'';
(7) section 309(b)(6)(F) of such Act is amended by striking
``210(a)(1)(B)(1)(B)'' and inserting ``210(a)(B)(1)(B)'';
(8) section 309(b)(8) of such Act is amended by striking
``274A(g)'' and inserting ``274A(h)''; and
(9) section 310 of such Act is amended--
(A) by adding ``and'' at the end of paragraph (1);
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph (2) and by
striking ``309(c)'' and inserting ``309(b)''.
(aa) Effective as if included in section 4 of Public Law
102-110, section 161(c)(3) of the Immigration Act of 1990 is
amended--
(1) by striking ``alien described in section 203(a)(3) or
203(a)(6) of such Act'' and inserting ``alien admitted for
permanent residence as a preference immigrant under section
203(a)(3) or 203(a)(6) of such Act (as in effect before such
date)''; and
(2) by striking ``this section'' and inserting ``this
title''.
(bb) Section 599E(c) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990
(Public Law 101-167) is amended by striking ``and
subparagraphs'' and inserting ``or subparagraph''.
(cc) Section 204(a)(1)(C) of the Immigration Reform and
Control Act of 1986 is amended by striking ``year 1993 the
first place it appears'' and inserting ``years 1993''.
(dd) Except as otherwise specifically provided in this
section, the amendments made by this section shall be
effective as if included in the enactment of the Immigration
Act of 1990.
(ee)(1) Section 210A of the Immigration and Nationality Act
(8 U.S.C. 1161) is repealed.
(2) The table of contents of the Immigration and
Nationality Act is amended by striking the item relating to
section 210A.
(ff) Section 122 of the Immigration Act of 1990 is amended
by striking subsection (a).
(gg) The Copyright Royalty Tribunal Reform Act of 1993
(Public Law 103-198; 107 Stat. 2304) is amended by striking
section 8.
The SPEAKER pro tempore, Mr. HASTINGS, recognized Mr. MAZZOLI and Mr.
McCOLLUM each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said resolution?
The SPEAKER pro tempore, Mr. HASTINGS, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said resolution was agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
Para. 109.23 process patent amendments
Mr. HUGHES moved to suspend the rules and pass the bill (H.R. 4307) to
amend title 35, United States Code, with respect to applications for
process patents; as amended.
The SPEAKER pro tempore, Mr. HASTINGS, recognized Mr. HUGHES and Mr.
MOORHEAD, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. HASTINGS, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``A bill to
amend title 35, United States Code, with respect to applications for
process patents, and for certain other purposes.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 109.24 correct engrossment of house amendment to s. 725
Mr. WAXMAN, by unanimous consent, submitted the following resolution
(H. Res. 534):
Resolved,
[[Page 1963]]
SECTION 1. RETURN.
The Senate is requested to return to the House of
Representatives the amendment of the House to the Senate bill
(S. 725).
SEC. 2. CORRECTION.
Upon the return of the House amendment to the Senate bill
(S. 725), the Clerk of the House of Representatives shall
make the following change in the engrossment of the House
amendment: Strike section 5 and insert the following:
SEC. 5. STATE STANDARDS.
(a) Preemption.--Section 403A(a) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 343-1(a)) is amended--
(1) in paragraph (1), by inserting at the end the
following: ``except that this paragraph does not apply to a
standard of identity of--
``(A) a State or political subdivision of a State for maple
syrup which is of the type required by sections 401 and
403(g), or
``(B) a State for fluid milk which is of the type required
by sections 401 and 403(g) and which specifies a higher
minimum level of milk components than is provided for in the
corresponding standard of identity promulgated under section
401,'',
(2) in paragraph (2), by inserting at the end the
following: ``except that this paragraph does not apply to a
requirement of a State or political subdivision of a State
which is of the type required by section 403(c) and which is
applicable to maple syrup,'',
(3) in paragraph (3), by inserting at the end the
following: ``except that this paragraph does not apply to a
requirement of a State or political subdivision of a State
which is of the type required by section 403(h)(1) and which
is applicable to maple syrup,'', and
(4) by adding at the end the following: ``For purposes of
paragraph (1)(B), the term `fluid milk' means liquid milk in
final packaged form for beverage use and does not include dry
milk, manufactured milk products, or tanker bulk milk.''.
(b) Procedure.--Section 701(e)(1) of such Act (21 U.S.C.
371(e)(1)) is amended by striking ``or maple syrup (regulated
under section 168.140 of title 21, Code of Federal
Regulations)''.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 109.25 vegetable ink printing
Mr. CONDIT moved to suspend the rules and pass the bill of the Senate
(S. 716) to require that all Federal lithographic printing be performed
using ink made from vegetable oil and materials derived from other
renewable resource, and for other purpose; as amended.
The SPEAKER pro tempore, Mr. HASTINGS, recognized Mr. CONDIT and Mr.
HORN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. HASTINGS, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
Para. 109.26 messages from the president
Sundry messages in writing from the President of the United States
were communicated to the House by Mr. Edwin Thomas, one of his
secretaries.
Para. 109.27 message from the president--u.s.-china fisheries agreement
The SPEAKER pro tempore, Mr. McHALE, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
In accordance with the Magnuson Fishery Conservation and Management
Act of 1976 (16 U.S.C. 1801 et seq.), I transmit herewith an Agreement
between the Government of the United States of America and the
Government of the People's Republic of China Extending the Agreement of
July 23, 1985, Concerning Fisheries Off the Coasts of the United States,
as extended and amended. The Agreement, which was effected by an
exchange of notes at Beijing on March 4 and May 31, 1994, extends the
1985 Agreement to July 1, 1996.
In light of the importance of our fisheries relationship with the
People's Republic of China, I urge that the Congress give favorable
consideration to this Agreement at an early date.
William J. Clinton.
The White House, September 20, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Merchant Marine and Fisheries
and ordered to be printed (H. Doc. 103-311).
Para. 109.28 message from the president--national emergency with respect
to angola
The SPEAKER pro tempore, Mr. McHALE, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
I hereby report to the Congress on the developments since March 26,
1994, concerning the national emergency with respect to Angola that was
declared in Executive Order No. 12865 of September 26, 1993. This report
is submitted pursuant to section 401(c) of the National Emergencies Act,
50 U.S.C. 1641(c), and section 204(c) of the International Emergency
Economic Powers Act, 50 U.S.C. 1703(c).
On September 26, 1993, I declared a national emergency with respect to
Angola, invoking the authority, inter alia, of the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and the United
Nations Participation Act of 1945 (22 U.S.C. 287c). Consistent with
United Nations Security Council Resolution No. 864, dated September 15,
1993, the order prohibited the sale or supply by U.S. persons or from
the United States, or using U.S.-registered vessels or aircraft, of arms
and related materiel of all types, including weapons and ammunition,
military vehicles, equipment and spare parts, and petroleum and
petroleum products to the territory of Angola other than through
designated points of entry. The order also prohibited such sale or
supply to the National Union for the Total Independence of Angola
(``UNITA''). United States persons are prohibited from activities that
promote or are calculated to promote such sales or supplies, or from
attempted violations, or from evasion or avoidance or transactions that
have the purpose of evasion or avoidance, of the stated prohibitions.
The order authorized the Secretary of the Treasury, in consultation with
the Secretary of State, to take such actions, including the promulgation
of rules and regulations, as might be necessary to carry out the
purposes of the order.
1. On December 10, 1993, the Treasury Department's Office of Foreign
Assets Control (``FAC'') issued the UNITA (Angola) Sanctions Regulations
(the ``Regulations'') (58 Fed. Reg. 64904) to implement the President's
declaration of a national emergency and imposition of sanctions against
Angola (UNITA). There have been no amendments to the Regulations since
my report of April 12, 1994.
The Regulations prohibit the sale or supply by U.S. persons or from
the United States, or using U.S.-registered vessels or aircraft, of
arms and related materiel of all types, including weapons and
ammunition, military vehicles, equipment and spare parts, and petroleum
and petroleum products to UNITA or to the territory of Angola other
than through designated points. United States persons are also
prohibited from activities that promote or are calculated to promote
such sales or supplies to UNITA or Angola, or from any transaction by
any U.S. persons that evades or avoids, or has the purpose of evading
or avoiding, or attempts to violate, any of the prohibitions set forth
in the Executive order. Also prohibited are transactions by U.S.
persons, or involving the use of U.S.-registered vessels or aircraft
relating to transportation to Angola or UNITA of goods the exportation
of which is prohibited.
The Government of Angola has designated the following points of entry
as points in Angola to which the articles otherwise prohibited by the
Regulations may be shipped: Airports: Luanda and Katumbela, Benguela
Province; Ports: Luanda and Lobito, Benguela Province; and Namibe,
Namibe Province; and Entry Points: Malongo, Cabinda Province. Although
no specific license is required by the Department of the Treasury for
shipments to these designated points of entry (unless the item is
destined for UNITA), any such exports remain subject to the licensing
requirements of the Departments of State and/or Commerce.
[[Page 1964]]
2. FAC has worked closely with the U.S. financial community to assure
a heightened awareness of the sanctions against UNITA--through the
dissemination of publications, seminars, and notices to electronic
bulletin boards. This educational effort has resulted in frequent calls
from banks to assure that they are not routing funds in violation of
these prohibitions. United States exporters have also been notified of
the sanctions through a variety of media, including special fliers and
computer bulletin board information initiated by FAC and posted through
the Department of Commerce and the Government Printing Office. There
have been no license applications under the program.
3. The expenses incurred by the Federal Government in the 6-month
period from March 26, 1994, through September 25, 1994, that are
directly attributable to the exercise of powers and authorities
conferred by the declaration of a national emergency with respect to
Angola (UNITA) are reported at about $75,000, most of which represents
wage and salary costs for Federal personnel. Personnel costs were
largely centered in the Department of the Treasury (particularly in the
Office of Foreign Assets Control, the U.S. Customs Service, the Office
of the Under Secretary for Enforcement, and the Office of the General
Counsel) and the Department of State (particularly the Office of
Southern African Affairs).
I will continue to report periodically to the Congress on significant
developments, pursuant to 50 U.S.C. 1703(c).
William J. Clinton.
The White House, September 20, 1994.
By unanimous consent, the message, was referred to the Committee on
Foreign Affairs and ordered to be printed (H. Doc. 103-312).
Para. 109.29 providing for the consideration of h.r. 4448
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-730) the resolution (H. Res. 532) providing for the
consideration of the bill (H.R. 4448) to amend the Act establishing
Lowell National Historical Park, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 109.30 providing for the consideration of h.r. 4422
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-731) the resolution (H. Res. 535) providing for the
consideration of the bill (H.R. 4422) to authorize appropriations for
fiscal year 1995 for the Coast Guard, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 109.31 providing for the consideration of h.r. 2866
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-732) the resolution (H. Res. 536) providing for the
consideration of the bill (H.R. 2866) to provide for the sound
management for protection of Redwood forest areas in Humboldt County,
California, by adding certain lands and waters to the Six Rivers
National Forest and by including a portion of such lands in the national
wilderness preservation system.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 109.32 subpoena
The SPEAKER pro tempore, Mr. McHALE, laid before the House a
communication, which was read as follows:
Non-Legislative and Financial Services, U.S. House of
Representatives,
Washington, DC, September 20, 1994.
Hon. Thomas S. Foley,
Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to notify you formally pursuant
to Rule L (50) of the Rules of the House that the Office of
Finance has been served with a subpoena issued by the
Superior Court of the District of Columbia.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoena is
consistent with the privileges and precedents of the House.
Sincerely,
Randall B. Medlock,
Acting Director.
And then,
Para. 109.33 adjournment
On motion of Mr. HUNTER, at 6 o'clock and 33 minutes p.m., the House
adjourned.
Para. 109.34 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. BROOKS: Committee on the Judiciary. H.R. 4307. A bill
to amend title 35, United States Code, with respect to
applications for process patents; with an amendment (Rept.
No. 103-728). Referred to the Committee of the Whole House on
the State of the Union.
Mr. HOYER: Committee of Conference. Conference report on
H.R. 4539. A bill making appropriations for the Treasury
Department, the U.S. Postal Service, the Executive Office of
the President, and certain independent agencies, for the
fiscal year ending September 30, 1995, and for other purposes
(Rept. No. 103-729). Ordered to be printed.
Mr. MOAKLEY: Committee on Rules. House Resolution 532.
Resolution providing for consideration of the bill (H.R.
4448) to amend the act establishing Lowel National Historical
Park, and for other purposes (Rept. No. 103-730). Referred to
the House Calendar.
Mr. MOAKLEY: Committee on Rules. House Resolution 535.
Resolution providing for consideration of the bill (H.R.
4422) to authorize appropriations for fiscal year 1995 for
the Coast Guard, and for other purposes (Rept. No. 103-731).
Referred to the House Calendar.
Mr. BONIOR: Committee on Rules. House Resolution 536.
Resolution providing for consideration of the bill (H.R.
2866) to provide for the sound management and protection of
Redwood forest areas in Humboldt County, CA, by adding
certain lands and waters to the Six Rivers National Forest
and by including a portion of such lands in the national
wilderness preservation system (Rept. No. 103-732). Referred
to the House Calendar.
Mr. SMITH of Iowa: Committee of Conference. Conference
report on H.R. 4606. A bill making appropriations for the
Departments of Labor, Health and Human Services, and
Education, and related agencies, for the fiscal year ending
September 30, 1995, and for other purposes (Rept. No. 103-
733). Ordered to be printed.
Mr. DURBIN: Committee of Conference. Conference report on
H.R. 4554. A bill making appropriations for Agriculture,
Rural Development, Food and Drug Administration, and related
agencies programs for the fiscal year ending September 30,
1995, and for other purposes (Rept. No. 103-734). Ordered to
be printed.
Para. 109.35 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. GIBBONS:
H.R. 5060. A bill to provide for the continuation of
certain fee collections for the expenses of the Securities
and Exchange Commission for fiscal year 1995; jointly, to the
Committees on Energy and Commerce and Ways and Means.
By Mr. TOWNS (for himself, Mr. Gillmor, Mr. Barcia of
Michigan, Mr. Ehlers, Mr. Oxley, Mr. Barlow, Mr.
Upton, Mr. Minge, and Mr. Hilliard):
H.R. 5061. A bill to amend the Nuclear Waste Policy Act of
1982 to clarify the obligation of the Federal Government to
take possession of and title to high-level radioactive waste
and spent nuclear fuel and provide for its timely and safe
transportation, storage, and disposal, and for other
purposes; jointly, to the Committees on Energy and Commerce
and Natural Resources.
By Mrs. MEYERS of Kansas (for herself, Mr. Kolbe, Mrs.
Morella, Mr. Boehlert, Mrs. Johnson of Connecticut,
Mr. Ehlers, Mr. Hobson, Mr. Castle, Mr. Portman, Mr.
Upton, Mr. Shays, Mr. Hoekstra, Mr. Roberts, Mr.
McCloskey, Mr. Goss, Mr. Penny, Mr. Cox, Mr.
Ballenger, Mr. Hyde, Mr. Leach, Mr. Hutto, Mr.
Torricelli, Mr. Walker, Mr. Dreier, Mr. Holden, Mr.
Kanjorski, Mr. Chapman, Mr. Klink, Mr. DeLay, Mr.
Barton of Texas, Mr. Regula, Mr. Blute, Mrs. Roukema,
Mr. Vento, Mr. Paxon, Mr. Hunter, Mr. McCrery, Mr.
Gallegly, Mr. Bateman, Mr. Gilman, Mr. Berman, Mr.
Lightfoot, Mr. Shaw, Mr. Dornan, Mr. Fawell, Mr.
Solomon, Mr. Burton of Indiana, Mr. Wise, Mr.
Oberstar, Mr. Knollenberg, Mr. Zeliff, Mr. Baker of
Louisiana, Mr. Torkildsen, Mr. Collins of Georgia,
Mr. Smith of Texas, Mr. Hastert, Mr. McInnis, and Mr.
Stearns):
H.R. 5062. A bill to amend the Internal Revenue Code of
1986 to make permanent the limited deduction of health
insurance costs of self-employed individuals; to the
Committee on Ways and Means.
By Mr. SCHUMER:
H.R. 5063. A bill to amend the Immigration Act of 1990 to
provide for complete use of visas made available under the
diversity transition program; to the Committee on the
Judiciary.
By Mr. FILNER (for himself, Mr. Becerra, Mr. Berman,
Mr. Brown of California, Ms. McKinney, Mrs. Mink of
Hawaii, Mr. Sanders, Mrs.
[[Page 1965]]
Unsoeld, Ms. Velazquez, Ms. Waters, and Mr. Owens):
H.R. 5064. A bill to amend the Internal Revenue Code of
1986 to revise the limitation applicable to mutual life
insurance companies on the deduction for policy holder
dividends and to exempt small life insurance companies from
the required capitalization of certain policy acquisition
expenses; to the Committee on Ways and Means.
By Mr. PENNY:
H.R. 5065. A bill to amend the Consolidated Farm and Rural
Development Act to make technical corrections to certain
provisions relating to beginning farmers and ranchers; to the
Committee on Agriculture.
By Mr. QUILLEN:
H.R. 5066. A bill to amend the Public Health Service Act to
modify the eligibility requirements for appointment as the
Surgeon General of the Public health Service; to the
Committee on Energy and Commerce.
By Mr. BREWSTER:
H.J. Res. 410. Joint resolution to authorize the President
to issue a proclamation designating October 1994 as
``National Spina Bifida Prevention Month''; to the Committee
on Post Office and Civil Service.
By Mr. HOYER (for himself, Mr. Weldon, Mr. Valentine,
and Mr. Boehlert):
H.J. Res. 411. Joint resolution designating October 29,
1994, as ``National Firefighters Day''; to the Committee on
Post Office and Civil Service.
By Mr. STUMP (for himself, Mr. Coppersmith, Ms. English
of Arizona, Mr. Kolbe, and Mr. Pastor):
H.J. Res. 412. Joint resolution to express the sense of the
Congress in commemoration of the 75th anniversary of Grand
Canyon National Park; to the Committee on Natural Resources.
By Mr. CONYERS:
H. Con. Res. 291. Concurrent resolution directing the
Secretary of the Senate to make corrections in the enrollment
of S. 1587; considered and agreed to.
By Mr. MAZZOLI:
H. Res. 533. Resolution to provide for the concurrence of
the House to the amendment of the Senate to the bill (H.R.
783) with an amendment; considered under suspension of the
rules and agreed to.
By Mr. WAXMAN:
H. Res. 534. Resolution to correct the engrossment of the
amendment of the House of Representatives to the Senate bill
(S. 725); considered and agreed to.
Para. 109.36 private bills and resolutions
Under clause 1 of rule XXII,
Mr. REED introduced a bill (H.R. 5067) to authorize the
Secretary of Transportation to issue a certificate of
documentation with appropriate endorsement for employment in
the coastwise trade for each of three barges; which was
referred to the Committee on Merchant Marine and Fisheries.
Para. 109.37 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 65: Mr. Johnson of Georgia.
H.R. 672: Mr. Klein.
H.R. 778: Mr. Payne of Virginia.
H.R. 799: Mr. Ridge.
H.R. 1048: Ms. Brown of Florida.
H.R. 1080: Ms. Snowe.
H.R. 1843: Mr. Smith of Oregon.
H.R. 2417: Mr. Bliley.
H.R. 2418: Mr. Traficant, Mr. Burton of Indiana, Mr.
McCollum, Mr. Orton, Mr. Myers of Indiana, and Ms. Snowe.
H.R. 2467: Mr. Bachus of Alabama.
H.R. 2479: Mr. Nadler, Mr. Sabo, Mr. Schumer, and Mr.
Sanders.
H.R. 2488: Mr. Meehan and Mr. Rangel.
H.R. 2898: Mr. McCloskey.
H.R. 3039: Mr. Dooley and Mr. Young of Alaska.
H.R. 3233: Mr. Livingston.
H.R. 3407: Mr. Orton.
H.R. 3633: Mr. Calvert and Mr. Fingerhut.
H.R. 3790: Mr. Richardson.
H.R. 3795: Mr. Barca of Wisconsin.
H.R. 3854: Mrs. Schroeder, Mr. Dellums, Mr. Penny, and Ms.
Eddie Bernice Johnson of Texas.
H.R. 3862: Mr. Moorhead.
H.R. 3866: Mr. Visclosky and Mr. Hoyer.
H.R. 3971: Mr. Klug.
H.R. 4056: Mr. Hutchinson, Mr. Bilbray, Mr. Shays, Mr.
Goodlatte, and Ms. Snowe.
H.R. 4118: Mr. Gallegly.
H.R. 4137: Mr. Cox and Mr. Pastor.
H.R. 4138: Mr. Gunderson and Mr. Baker of Louisiana.
H.R. 4284: Ms. Velazquez, Mr. Romero-Barcelo, Mr. Orton,
and Ms. Norton.
H.R. 4371: Mr. Goss.
H.R. 4394: Mr. Inhofe and Mr. Vento.
H.R. 4412: Mr. Gillmor.
H.R. 4474: Mr. Wyden and Mr. Neal of Massachusetts.
H.R. 4514: Mr. Lewis of California, Mr. Young of Alaska,
and Mr. Johnson of South Dakota.
H.R. 4527: Mrs. Bentley and Mr. Hansen.
H.R. 4574: Mr. Kreidler and Ms. Dunn.
H.R. 4643: Mr. Skeen and Mr. Zeliff.
H.R. 4788: Mr. McHugh.
H.R. 4802: Mr. Hall of Texas, Mr. Dellums, Mr. Barrett of
Wisconsin, and Mr. Menendez.
H.R. 4805: Mr. Orton.
H.R. 4811: Ms. Kaptur.
H.R. 4830: Mr. Baker of California.
H.R. 4887: Mr. Petri.
H.R. 4933: Mr. Dicks.
H.R. 4936: Mr. Calvert, Mr. Swett, Mr. Manzullo, Mr. Klug,
Mrs. Lloyd, Mr. Quinn, Mr. LaFalce, Mr. Hoagland, and Mr.
Shays.
H.R. 4941: Mr. Abercrombie, Mr. Becerra, Mr. Beilenson, Mr.
Brown of California, Mr. Clay, Mrs. Clayton, Mr. Clyburn, Mr.
Dellums, Mr. Farr, Mr. Foglietta, Mr. Frank of Massachusetts,
Mr. Hamburg, Mr. Hefner, Mr. Hinchey, Mr. Hochbrueckner, Mr.
Kanjorski, Mr. LaFalce, Mr. Martinez, Mr. McDermott, Ms.
McKinney, Mr. Mfume, Mr. Miller of California, Mr. Mineta,
Mrs. Mink of Hawaii, Mr. Nadler, Mr. Olver, Mr. Penny, Mr.
Rangel, Mr. Sabo, Mr. Sanders, Mrs. Schroeder, Mr. Stark, Mr.
Stokes, Mr. Thompson, Mr. Torres, Mr. Towns, Mr. Underwood,
Mrs. Unsoeld, Ms. Velazquez, Ms. Waters, Mr. Wynn, and Mr.
Yates.
H.R. 4942: Mr. Oxley and Mr. Johnson of Georgia.
H.R. 4949: Mr. Barca of Wisconsin.
H.R. 4957: Mr. Traficant.
H.R. 4976: Mr. Stump, Mr. Kolbe, Mr. Orton, and Ms.
Shepherd.
H.R. 4977: Mr. Stenholm.
H.R. 4978: Mr. Stenholm.
H.R. 4979: Mr. Stenholm.
H.R. 5028: Mr. Kreidler and Mrs. Unsoeld.
H.R. 5033: Mr. Talent, Mr. Chapman, Mr. Emerson, Mr. Hayes,
Mr. Ballenger, Mr. DeLay, Mr. Brewster, Mr. Montgomery, Mr.
Hansen, Mr. Gallegly, Mr. Doolittle, Mr. Santorum, Mr. Upton,
Mr. Duncan, Mr. Solomon, Ms. Danner, Mr. Boucher, Mr. Klink,
Mr. Gunderson, and Mr. Lightfoot.
H.R. 5038: Mr. Klug.
H.J. Res. 44: Mr. Santorum.
H.J. Res. 199: Mr. Hamburg, Mr. Condit, Mr. Canady, Mr.
Orton, and Mr. Pete Geren of Texas.
H.J. Res. 358: Mrs. Bentley, Mr. Bacchus of Florida, Mr.
Montgomery, Mr. Wolf, Mr. Wise, Mr. Reed, Mr. Dellums, Mr.
Jefferson, Mr. Brown of California, Mr. Shays, Mr. Goodling,
Mr. Darden, and Mr. Smith of New Jersey.
H.J. Res. 385: Mr. Johnson of South Dakota and Mr. Pastor.
H.J. Res. 401: Mr. Bateman, Mr. Bevill, Mrs. Byrne, Mr.
Castle, Mr. Clement, Mr. Clinger, Mr. de Lugo, Mr. Deutsch,
Mr. Diaz-Balart, Mr. Fazio, Mr. Hefner, Mr. Hutto, Mr.
Kleczka, Mr. Leach, Ms. Lowey, Mr. McDade, Mr. Pallone, Mr.
Parker, Mr. Pastor, Mr. Peterson of Florida, Mr. Roemer, Mr.
Romero-Barcelo, Mr. Scott, Mr. Smith of Iowa, Mr. Tauzin,
Mrs. Unsoeld, Mr. Wolf, and Mr. Wyden.
H.J. Res. 402: Mr. Ballenger and Mr. Walsh.
H.J. Res. 405: Mr. Fields of Texas, Mr. Pomeroy, Ms.
Lambert, Mr. Thompson, Mr. Chapman, Mr. Baker of Louisiana,
Mr. Kingston, Mr. Pombo, Mr. Johnson of South Dakota, Mr.
Herger, Mr. Dooley, Mr. Boehner, and Mr. Archer.
H. Con. Res. 15: Mr. LaFalce.
H. Con. Res. 35: Ms. Lowey, Mr. Nadler, Mr. Owens, Mr.
Payne of New Jersey, Mr. Condit, Mr. Andrews of Maine, Mr.
Pomeroy, Mr. Hall of Texas, Mr. Boucher, and Mr. Dingell.
H. Con. Res. 281: Ms. Lowey, Mr. Manton, Mr. Bacchus of
Florida, Mr. Canady, Mr. Kopetski, Mr. Kyl, Mr. Porter, Ms.
Eddie Bernice Johnson of Texas, Mr. Wyden, Mr. Mann, and Ms.
Pryce of Ohio.
H. Res. 430: Mr. Kopetski.
.
WEDNESDAY, SEPTEMBER 21, 1994 (110)
Para. 110.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
MONTGOMERY, who laid before the House the following communication:
Washington, DC,
September 21, 1994.
I hereby designate the Honorable G.V. (Sonny) Montgomery to
act as Speaker pro tempore on this day.
Thomas S. Foley.
Speaker of the House of Representatives.
Para. 110.2 approval of the journal
The SPEAKER pro tempore, Mr. MONTGOMERY, announced he had examined and
approved the Journal of the proceedings of Tuesday, September 20, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 110.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3857. A letter from the Secretary of Agriculture,
transmitting a draft of proposed legislation to amend the
Consolidated Farm and Rural Development Act to modify the
program of the Farmers Home Administration to assist
beginning farmers and ranchers; to the Committee on
Agriculture.
3858. A communication from the President of the United
States, transmitting a report regarding action to support
multilateral efforts to restore democracy in Haiti and to
protect democracy in our hemisphere (H. Doc. No. 103-313); to
the Committee on Foreign Affairs and ordered to be printed.
3859. A letter from the Director, Office of Management and
Budget, transmitting OMB estimate of the amount of change in
outlays or receipts, as the case may be, in each fiscal year
through fiscal year 1999 resulting from
[[Page 1966]]
passage of H.R. 3355, pursuant to Public Law 101-508, section
13101(a) (104 Stat. 1388-582); to the Committee on Government
Operations.
Para. 110.4 appointment of additional conferees--h.r. 6
The SPEAKER pro tempore, Mr. MONTGOMERY, by unanimous consent and
pursuant to clause 6(f) of rule X, announced the appointment of the
following Member as an additional conferee on the part of the House to
the conference with the Senate on the disagreeing votes of the two
Houses on the amendments of the Senate to the bill (H.R. 6) to extend
for six years the authorizations of appropriations for the programs
under the Elementary and Secondary Education Act of 1965, and for
certain other purposes:
As an additional conferee from the Committee on Education and Labor,
for consideration of the House bill and Senate amendment (except
sections 601-03 and 801-05), and modifications committed to conference:
Mr. Miller of California.
Ordered, That the Clerk notify the Senate of the foregoing
appointment.
Para. 110.5 small business reauthorization
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to House Resolution
494 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the consideration of the
bill (H.R. 4801) to amend the Small Business Act, and for other
purposes.
The SPEAKER pro tempore, Mr. MONTGOMERY, by unanimous consent,
designated Mr. WATT as Chairman of the Committee of the Whole.
The Acting Chairman, Mr. KOPETSKI, assumed the Chair; and after some
time spent therein,
The SPEAKER pro tempore, Mr. KLECZKA, assumed the Chair.
When Mr. WATT, Chairman, pursuant to House Resolution 494, reported
the bill back to the House with an amendment adopted by the Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
That this Act may be cited as the ``Small Business
Reauthorization and Amendment Act of 1994''.
TITLE I--AUTHORIZATIONS
SEC. 101. AUTHORIZATIONS.
Section 20 of the Small Business Act (15 U.S.C. 631 note)
is amended by striking all of such section after subsection
(k), as added by section 115(a) of the Small Business Credit
and Business Opportunity Enhancement Act of 1992, and by
inserting in lieu thereof the following:
``(l) The following program levels are authorized for
fiscal year 1995:
``(1) For the programs authorized by this Act, the
Administration is authorized to make $142,000,000 in direct
and immediate participation loans; and of such sum, the
Administration is authorized to make $12,000,000 in loans as
provided in section 7(a)(10) and $130,000,000 in loans as
provided in section 7(m).
``(2) For the programs authorized by this Act, the
Administration is authorized to make $11,535,000,000 in
deferred participation loans and other financings. Of such
sum, the Administration is authorized to make--
``(A) $9,315,000,000 in general business loans as provided
in section 7(a);
``(B) $2,200,000,000 in financings as provided in section
7(a)(13) and section 504 of the Small Business Investment Act
of 1958; and
``(C) $20,000,000 in loans as provided in section 7(m).
``(3) For the programs authorized by title III of the Small
Business Investment Act of 1958, the Administration is
authorized to make--
``(A) $23,000,000 in purchases of preferred securities;
``(B) $244,000,000 in guarantees of debentures, of which
$44,000,000 is authorized in guarantees of debentures from
companies operating pursuant to section 301(d) of such Act;
and
``(C) $400,000,000 in guarantees of participating
securities.
``(4) For the programs authorized by part B of title IV of
the Small Business Investment Act of 1958, the Administration
is authorized to enter into guarantees not to exceed
$1,800,000,000, of which not more than $600,000,000 may be in
bonds approved pursuant to the provisions of section
411(a)(3) of such Act.
``(5) For the Service Corps of Retired Executives program
authorized by section 8(b)(1) of this Act, the Administration
is authorized to make grants or enter cooperative agreements
not to exceed $3,500,000, and for the small business
institute program authorized by section 8(b)(1) of this Act,
the Administration is authorized to make grants or enter
cooperative agreements not to exceed $3,000,000.
``(m) There are authorized to be appropriated to the
Administration for fiscal year 1995 such sums as may be
necessary to carry out the provisions of this Act, including
administrative expenses and necessary loan capital for
disaster loans pursuant to section 7(b), and to carry out the
provisions of the Small Business Investment Act of 1958,
including salaries and expenses of the Administration.
``(n) The following program levels are authorized for
fiscal year 1996:
``(1) For the programs authorized by this Act, the
Administration is authorized to make $198,000,000 in direct
and immediate participation loans; and of such sum the
Administration is authorized to make $13,000,000 in loans as
provided in section 7(a)(10) and $185,000,000 in loans as
provided in section 7(m).
``(2) For the programs authorized by this Act, the
Administration is authorized to make $13,465,000,000 in
deferred participation loans and other financings. Of such
sum, the Administration is authorized to make--
``(A) $10,935,000,000 in general business loans as provided
in section 7(a);
``(B) $2,500,000,000 in financings as provided in section
7(a)(13) and section 504 of the Small Business Investment Act
of 1958; and
``(C) $30,000,000 in loans as provided in section 7(m).
``(3) For the programs authorized by title III of the Small
Business Investment Act of 1958, the Administration is
authorized to make--
``(A) $24,000,000 in purchases of preferred securities;
``(B) $256,000,000 in guarantees of debentures, of which
$46,000,000 is authorized in guarantees of debentures from
companies operating pursuant to section 301(d) of such Act;
and
``(C) $650,000,000 in guarantees of participating
securities.
``(4) For the programs authorized by part B of title IV of
the Small Business Investment Act of 1958, the Administration
is authorized to enter into guarantees not to exceed
$1,800,000,000, of which not more than $600,000,000 may be in
bonds approved pursuant to the provisions of section
411(a)(3) of such Act.
``(5) For the Service Corps of Retired Executives program
authorized by section 8(b)(1) of this Act, the Administration
is authorized to make grants or enter cooperative agreements
not to exceed $3,675,000, and for the small business
institute program authorized by section 8(b)(1) of this Act,
the Administration is authorized to make grants or enter
cooperative agreements not to exceed $3,150,000.
``(o) There are authorized to be appropriated to the
Administration for fiscal year 1996 such sums as may be
necessary to carry out the provisions of this Act, including
administrative expenses and necessary loan capital for
disaster loans pursuant to section 7(b), and to carry out the
provisions of the Small Business Investment Act of 1958,
including salaries and expenses of the Administration.
``(p) The following program levels are authorized for
fiscal year 1997:
``(1) For the programs authorized by this Act, the
Administration is authorized to make $264,000,000 in direct
and immediate participation loans; and of such sum the
Administration is authorized to make $14,000,000 in loans as
provided in section 7(a)(10) and $250,000,000 in loans as
provided in section 7(m).
``(2) For the programs authorized by this Act, the
Administration is authorized to make $17,215,000,000 in
deferred participation loans and other financings. Of such
sum, the Administration is authorized to make--
``(A) $14,175,000,000 in general business loans as provided
in section 7(a);
``(B) $3,000,000,000 in financings as provided in section
7(a)(13) and section 504 of the Small Business Investment Act
of 1958; and
``(C) $40,000,000 in loans as provided in section 7(m).
``(3) For the programs authorized by title III of the Small
Business Investment Act of 1958, the Administration is
authorized to make--
``(A) $25,000,000 in purchases of preferred securities;
``(B) $268,000,000 in guarantees of debentures, of which
$48,000,000 is authorized in guarantees of debentures from
companies operating pursuant to section 301(d) of such Act;
and
``(C) $900,000,000 in guarantees of participating
securities.
``(4) For the programs authorized by part B of title IV of
the Small Business Investment Act of 1958, the Administration
is authorized to enter into guarantees not to exceed
$1,800,000,000, of which not more than $600,000,000 may be in
bonds approved pursuant to the provisions of section
411(a)(3) of such Act.
``(5) For the Service Corps of Retired Executives program
authorized by section 8(b)(1) of this Act, the Administration
is authorized to make grants or enter cooperative agreements
not to exceed $3,860,000, and for the small business
institute program authorized by section 8(b)(1) of this Act,
the Administration is authorized to make grants or enter
cooperative agreements not to exceed $3,310,000.
``(q) There are authorized to be appropriated to the
Administration for fiscal year 1997 such sums as may be
necessary to carry out the provisions of this Act, including
administrative expenses and necessary loan capital for
disaster loans pursuant to section
[[Page 1967]]
7(b), and to carry out the provisions of the Small Business
Investment Act of 1958, including salaries and expenses of
the Administration.''.
TITLE II--FINANCIAL ASSISTANCE PROGRAMS
SEC. 201. MICROLOAN FINANCING PILOT.
Section 7(m) of the Small Business Act (15 U.S.C. 636(m))
is amended by adding the following new paragraph at the end:
``(12) Deferred participation loan pilot.--During fiscal
years 1995 through 1997, on a pilot basis, in lieu of making
direct loans to intermediaries as authorized in paragraph
(1)(B), the Administration may participate on a deferred
basis of up to 100 percent on loans made to intermediaries by
a for-profit or non-profit entity or by alliances of such
entities subject to the following conditions:
``(A) Number of loans.--The Administration shall not
participate in providing financing on a deferred basis to
more than ten intermediaries in urban areas per year and to
more than ten intermediaries in rural areas per year.
``(B) Term of loans.--The term of such loans shall be ten
years. During the first five years of the loan, the
intermediary shall be required to pay interest only; and
during the second five years of the loan, the intermediary
shall be required to fully amortize principal and interest
payments.
``(C) Interest rate.--The interest rate on such loans shall
be the rate specified by paragraph (3)(F) for direct
loans.''.
SEC. 202. MICROLOAN STATE LIMITATION.
Section 7(m)(7)(C) of the Small Business Act (15 U.S.C.
636(m)(7)(C)) is repealed.
SEC. 203. LIMIT ON PARTICIPATION.
Section 7(m)(7)(A) of the Small Business Act (15 U.S.C.
636(m)(7)(A)) is amended to read as follows:
``(A) Number of participants.--During this demonstration
program, the Administration is authorized to fund, on a
competitive basis, not more than 240 microloan programs.''.
SEC. 204. EQUITABLE DISTRIBUTION.
Section 7(m)(8) of the Small Business Act (15 U.S.C.
636(m)(8)) is amended to read as follows:
``(8) Equitable distribution of intermediaries.--In
approving microloan program applicants, the Administration
shall select participation by such intermediaries as will
ensure appropriate availability of loans to small businesses
located in urban areas and in rural areas.''.
SEC. 205. AMOUNT OF LOANS TO INTERMEDIARIES.
Section 7(m)(3)(C) of the Small Business Act (15 U.S.C.
636(m)(3)(C)) is amended to read as follows:
``(C) Loan limits.--In determining the amount of funding
which the Administration may provide to one intermediary, it
shall take into consideration the small business population
in the area served by the intermediary.''.
SEC. 206. LOANS TO EXPORTERS.
Section 7(a)(14)(A) of the Small Business Act (15 U.S.C.
636(a)(14)(A)) is amended to read as follows:
``(A) The Administration may provide extensions, standby
letters of credit, revolving lines of credit for export
purposes, and other financing to enable small business
concerns, including small business export trading companies
and small business export management companies, to develop
foreign markets. A bank or participating lending institution
may establish the rate of interest on such financings as may
be legal and reasonable.''.
SEC. 207. WORKING CAPITAL INTERNATIONAL TRADE LOANS.
Section 7(a)(3)(B) of the Small Business Act (15 U.S.C.
636(a)(3)(B)) is amended to read as follows:
``(B) if the total amount outstanding and committed (on a
deferred basis) solely for the purposes provided in paragraph
(16) to the borrower from the business loan and investment
fund established by this Act would exceed $1,250,000, of
which not more than $750,000 may be used for working capital,
supplies, or financings under section 7(a)(14) for export
purposes; and''.
SEC. 208. GUARANTEES ON INTERNATIONAL TRADE LOANS.
Section 7(a)(2)(B)(iv) of the Small Business Act (15 U.S.C.
636(a)(2)(B)(iv)) is amended to read as follows:
``(iv) not less than 85 percent nor more than 90 percent of
the financing outstanding at the time of disbursement if such
financing is a loan under paragraph (14) or under paragraph
(16).''.
SEC. 209. ACCREDITED LENDERS PROGRAM.
(a) Title V of the Small Business Investment Act of 1958
(15 U.S.C. 695 et seq.) is amended by adding at the end the
following new section:
``SEC. 507. ACCREDITED LENDERS PROGRAM.
``(a) The Administration is authorized to establish an
Accredited Lenders Program for qualified State and local
development companies which meet the requirements of
subsection (b).
``(b) The Administration may designate a qualified State or
local development company as an accredited lender if such
company--
``(1) has been an active participant in the development
company program for at least the last 12 months;
``(2) has well-trained, qualified personnel who are
knowledgeable in the Administration's lending policies and
procedures for the development company program;
``(3) has the ability to process, close, and service
financing for plant and equipment under section 502 of this
Act;
``(4) has a loss rate on its debentures that is acceptable
to the Administration;
``(5) has a history of submitting to the Administration
complete and accurate debenture guaranty application
packages; and
``(6) has demonstrated the ability to serve small business
credit needs for financing plant and equipment as provided in
section 502 of this Act.
``(c) The Administration shall expedite the processing of a
loan application or servicing action submitted by a qualified
State or local development company that has been designated
as an accredited lender in accordance with subsection (b).
``(d) The designation of a qualified State or local
development company as an accredited lender may be suspended
or revoked if the Administration determines that the
development company has not continued to meet the criteria
for eligibility under subsection (b) or that the development
company has failed to adhere to the Administration's rules
and regulations or is violating any other applicable
provision of law. Suspension or revocation shall not affect
any outstanding debenture guarantee.
``(e) For purposes of this section, the term `qualified
State or local development company' has the same meaning as
in section 503(e).''.
(b) The Administration shall promulgate regulations to
carry out this section within 90 days of the date of the
enactment of this Act.
(c) The Administration shall report to the Small Business
Committee of the United States Senate and to the Small
Business Committee of the United States House of
Representatives within one year, and annually thereafter, on
the implementation of this section, specifically including
data on the number of development companies designated as
accredited lenders, their debenture guarantee volume, their
loss rates, and the average processing time on their
guarantee applications, along with such other information as
the Administration deems appropriate.
SEC. 210. PREMIER LENDERS PROGRAM.
(a) Title V of the Small Business Investment Act of 1958
(15 U.S.C. 695 et seq.) is further amended by adding at the
end the following new section:
``SEC. 508. PREMIER LENDERS PROGRAM.
``(a) The Administration is authorized to establish a
Premier Lenders Program for certified development companies
which meet the requirements of subsection (b).
``(b) The Administration may designate a participant in the
accredited lenders program as a premier lender if such
company--
``(1) has been an active participant in the accredited
lenders program for at least the last 12 months: Provided,
That prior to January 1, 1996, the Administration may waive
this provision if the applicant is qualified to participate
in the accredited lenders program;
``(2) has a history of submitting to the Administration
adequately analyzed debenture guarantee application packages;
and
``(3) agrees to assume and to reimburse the Administration
for 5 percent of any loss sustained by the Administration on
account of default by the certified development company in
the payment of principal or interest on a debenture issued by
such company and guaranteed by the Administration under this
section.
``(c) Upon approval of an applicant as a premier lender,
the certified development company shall establish a loss
reserve in an amount equal to the anticipated losses to the
certified development company pursuant to subsection (b)(3)
based upon the historic loss rate on debentures issued by
such company, or 3 percent of the aggregate principal amount
of debentures issued by such company and guaranteed by the
Administration under this section, whichever is greater. The
loss reserve shall be comprised of segregated assets of the
development company which shall be securitized in favor of
the Administration or of such unqualified letters of credit
or indemnity agreements from a third party as the
Administration deems appropriate.
``(d) Upon designation and qualification of a company as a
premier lender, and subject to such terms and conditions as
the Administration may determine, and notwithstanding the
provisions of section 503(b)(6), the Administration may
permit a premier lender to approve loans to be funded with
the proceeds of and to authorize the guarantee of a debenture
issued by such company. The approval by the premier lender
shall be subject to the final approval as to eligibility of
any such guarantee by the Administration pursuant to
subsection 503(a) of this Act, but such final approval shall
not include decisions by the company involving
creditworthiness, loan closing, or compliance with legal
requirements imposed by law or regulation.
``(e) The designation of a qualified State or local
development company as a premier lender may be suspended or
revoked if the Administration determines that the company--
``(1) has not continued to meet the criteria for
eligibility under subsection (b);
``(2) has not established or maintained the loss reserve
required under subsection (c); or
``(3) is failing to adhere to the Administration's rules
and regulations or is violating any other applicable
provision of law.
[[Page 1968]]
``(f) Suspension or revocation shall not affect any
outstanding debenture guarantee.''.
(b) The Administration shall promulgate such regulations to
carry out this section within 180 days of the date of the
enactment of this Act.
(c) The Administration shall report to the Small Business
Committee of the United States Senate and to the Small
Business Committee of the United States House of
Representatives within one year, and annually thereafter, on
the implementation of this section, specifically including
data on the number of development companies designated as
premier lenders, their debenture guarantee volume, and the
loss rate for premier lenders as compared to accredited and
other lenders, along with such other information as the
Administration deems appropriate.
(d) Section 508 of the Small Business Investment Act of
1958 is repealed on October 1, 1999.
(e) The table of contents contained in section 101 of the
Small Business Investment Act of 1958 is amended by adding at
the end of the matter relating to title V the following:
``Sec. 507. Accredited lenders program.
``Sec. 508. Premier lenders program.''.
SEC. 211. SSBIC ADVISORY COUNCIL.
(a) Council Established.--Not later than 90 days after the
date of the enactment of this Act, the Administrator of the
Small Business Administration shall appoint an Investment
Advisory Council for the Specialized Small Business
Investment Company Program. The Council shall consist of not
less than 12 individuals from the private sector, including
individuals--
(1) who have experience in providing venture capital to
small business, particularly minority small business;
(2) who are current participants in the Specialized Small
Business Investment Company Program;
(3) who are former participants in the Specialized Small
Business Investment Company Program; or
(4) who are or who represent small business concerns.
(b) Chairman and Staff.--The Administrator shall designate
one of the members of the Council as chairperson. The
Investment Division of the Small Business Administration
shall provide such staff, technical support, and information
as shall be deemed appropriate. Council members shall be
deemed to be an advisory board pursuant to section 8(b)(13)
of the Small Business Act for purposes of reimbursement of
expenses.
(C) Report.--Within six months of the date of appointment,
the Council shall make a written report with findings and
recommendations on the venture capital needs, including debt
and equity, of socially or economically disadvantaged small
business concerns and any needed Federal incentives to assist
the private sector to meet such needs. The report shall
specifically address--
(1) the history of the Specialized Small Business
Investment Company program in providing assistance to such
concerns and the impact of such assistance on the economy;
(2) the appropriateness and ability of the Specialized
Small Business Investment Company Program to meet these
needs;
(3) the problems affecting the Specialized Small Business
Investment Company Program; and
(4) the effectiveness of the Specialized Small Business
Investment Company Program and its administration by the
Small Business Administration.
SEC. 212. PARTICIPATING SECURITIES FOR SMALLER SBICS.
Section 303(g) of the Small Business Investment Act of 1958
(15 U.S.C. 683(g)) is amended by adding the following new
paragraph at the end:
``(13) Of the amount of the annual program level of
participating securities approved in Appropriations Acts, 50
percent shall be reserved for funding Small Business
Investment Companies with private capital of less than
$20,000,000; except that during the last quarter of each
fiscal year, the Administrator may, if he determines that
there is a lack of qualified applicants with private capital
under such amount, utilize all or any part of the securities
so reserved.''.
SEC. 213. REPORT ON SBIC PROGRAM.
The Small Business Administration shall provide the
Committee on Small Business of the House of Representatives
and Senate with a comprehensive report on the status and
disposition of all Small Business Investment Companies,
active or in liquidation, and a complete accounting of the
assets in and the basis of their portfolios, the projected
and actual loss rates for all portfolios in liquidation or
active, and a detailed accounting of valuation of the SBIC
program's investments. This report shall be delivered to the
respective Committees on Small Business no later than April
15, 1995.
TITLE III--SIZE STANDARDS AND BOND GUARANTEES
SEC. 301. COMPETITIVE DEMONSTRATION PROJECT SIZE STANDARDS.
Section 732 of the Business Opportunity Development Reform
Act of 1988 (Public Law 100-656) is amended by repealing the
second sentence of such section.
SEC. 302. SIZE STANDARD CRITERIA.
Section 3(a)(2) of the Small Business Act (15 U.S.C.
632(a)(2)) is amended to read as follows:
``(2) In addition to the criteria specified in paragraph
(1), the Administrator may specify detailed definitions or
standards by which a business concern may be determined to be
a small business concern for the purposes of this Act or any
other Act. Such standards may utilize number of employees,
dollar volume of business, net worth, net income, or a
combination thereof. Unless specifically authorized by
statute, no Federal department or agency may prescribe a size
standard for categorizing a business concern as a small
business concern, unless such proposed size standard--
``(A) is being proposed after an opportunity for public
notice and comment;
``(B) provides for determining--
``(i) the size of a manufacturing concern as measured by
its average employment based upon employment during each of
the concern's pay periods for the preceding twelve calendar
months;
``(ii) the size of a concern providing services on the
basis of the annual average gross receipts of the concern
over a period of not less than 3 years; and
``(iii) the size of other concerns on the basis of data
over a period of not less than 3 years; and
``(C) is approved by the Administrator if it is not being
proposed by the Small Business Administration.''.
SEC. 303. SUNSET ON PREFERRED SURETY BOND GUARANTEE PROGRAM.
Section 207 of the Small Business Administration
Reauthorization and Amendment Act of 1988 (Public Law 100-
590) is amended by striking ``September 30, 1994'' and by
inserting in lieu thereof ``September 30, 1997''.
SEC. 304. VERY SMALL BUSINESS CONCERNS.
The Small Business Act (15 U.S.C. 631 et seq.) is amended
by redesignating section 30 as section 41 and by inserting
after section 29, as redesignated by section 606 of this Act,
the following:
``SEC. 30. PILOT PROGRAM FOR VERY SMALL BUSINESS CONCERNS.
``(a) Establishment.--The Administration shall establish
and carry out a pilot program in accordance with the
requirements of this section to provide procurement
opportunities to very small business concerns.
``(b) Subcontracting of Procurement Contracts.--
``(1) In general.--In carrying out the program, the
Administration is authorized to enter into procurement
contracts with the United States Government and to arrange
for the performance of such contracts through the award of
subcontracts to very small business concerns.
``(2) Terms and conditions.--The authority of the
Administration under paragraph (1) shall be subject to the
same terms and conditions as apply to the authority of the
Administration under section 8(a), except that--
``(A) the Administration may make such modifications to
such terms and conditions as the Administration determines
necessary; and
``(B) all contract opportunities offered for award under
the program shall be awarded on the basis of competition
restricted to eligible program participants.
``(c) Program Participation.--Very small business concerns
participating in the program shall be subject to the same
terms and conditions for program participation as apply to
program participants under sections 7(j) and 8(a); except
that--
``(1) the Administration may make such modifications to
such terms and conditions as the Administration determines
necessary; and
``(2) eligibility shall be determined on the basis of
qualifying as a very small business concern as defined in
subsection (g), in lieu of the requirements contained in
paragraphs (4), (5), and (6) of section 8(a).
``(d) Technical and Financial Assistance.--In order to
assist very small business concerns participating in the
program, the Administration is authorized--
``(1) to provide technical assistance to such concerns in
the same manner and to the same extent as technical
assistance is provided to small business concerns pursuant to
section 7(j); and
``(2) to provide pre-authorization to such concerns for the
purpose of receiving financial assistance under section 7(a).
``(e) Program Term.--The Administration shall carry out the
program in each of fiscal years 1995, 1996, and 1997.
``(f) Report to Congress.--On or before December 31, 1996,
the Administration shall transmit to Congress a report
containing an analysis of the results of the program,
together with recommendations for appropriate legislative and
administrative actions.
``(g) Definitions.--For the purposes of this section, the
following definitions apply:
``(1) Program.--The term `program' means the program
established pursuant to subsection (a).
``(2) Very small business concern.--The term `very small
business concern' means a small business concern that--
``(A) has 10 employees or less; or
``(B) has average annual receipts that total $1,000,000 or
less.''.
TITLE IV--MANAGEMENT ASSISTANCE
SEC. 401. SUNSET ON COSPONSORED TRAINING.
(a) The authority of the Small Business Administration to
cosponsor training as authorized by section 5(a) of the Small
Business Computer Security and Education Act of 1984 (15
U.S.C. 633 note) is hereby repealed September 30, 1997.
(b) Section 7(b) of the Small Business Computer Security
and Education Act of 1984 (15
[[Page 1969]]
U.S.C. 633 note) is amended by striking the second sentence.
SEC. 402. SMALL BUSINESS DEVELOPMENT CENTER PROGRAM LEVEL.
Section 21(a)(4) of the Small Business Act (15 U.S.C.
648(a)(4)) is amended to read as follows:
``(4) The Administration shall require as a condition of
any grant (or amendment or modification thereof) made to an
applicant under this section, that a matching amount
(excluding any fees collected from recipients of such
assistance) equal to the amount of such grant be provided
from sources other than the Federal Government, to be
comprised of not less than 50 per centum cash and not more
than 50 per centum of indirect costs and in-kind
contributions: Provided, That this matching amount shall not
include any indirect costs or in-kind contributions derived
from any Federal program: Provided further, That no recipient
of funds under this section shall receive a grant which would
exceed its pro rata share of a national program based upon
the population to be served by the Small Business Development
Center as compared to the total population in the United
States, plus $125,000, or $200,000, whichever is greater, per
year. The amount of the national program shall be--
``(A) $70,000,000 through September 30, 1995;
``(B) $77,500,000 from October 1, 1995 through September
30, 1996; and
``(C) $85,000,000 beginning October 1, 1996.
The amount of eligibility of each Small Business Development
Center shall be based upon the amount of the national program
in effect as of the date for commencement of performance of
the Center's grant.''.
SEC. 403. FEDERAL CONTRACTS WITH SMALL BUSINESS DEVELOPMENT
CENTERS.
(a) Section 21(a)(5) of the Small Business Act (15 U.S.C.
648(a)(5)) is amended to read as follows:
``(5) A Small Business Development Center may enter a
contract with a Federal department or agency to provide
specific assistance to small business concerns if the
contract is approved in advance by the Deputy Associate
Administrator of the Small Business Development Center
program. Approval shall be based upon a determination that
the contract will provide assistance to small business
concerns and that its performance will not hinder the Center
in carrying out the terms of its grant from the
Administration. The amount of any such contract shall not be
subject to the matching funds requirements of paragraph (4)
nor shall the amount of eligibility under such paragraph:
Provided, That notwithstanding any other provision of law,
such contracts for assistance to small business concerns
shall not be counted toward any Federal department or
agency's small business, women-owned business, or socially
and economically disadvantaged business contracting goal as
established by section 15(g) of the Small Business Act (15
U.S.C. 644(g)).''.
(b) Section 21(a)(6) of the Small Business Act (15 U.S.C.
648(a)(6)) is amended by striking ``paragraphs (4) and (5)''
and by inserting in lieu thereof ``paragraph (4)''.
SEC. 404. CENTRAL EUROPEAN SMALL BUSINESS DEVELOPMENT.
Section 25(i) of the Small Business Act (15 U.S.C. 652(i))
is amended by striking ``and $2,000,000 for each of fiscal
years 1993 and 1994'' and by inserting in lieu thereof ``,
$2,000,000 for each of fiscal years 1993 and 1994, and
$1,000,000 for fiscal year 1995''.
SEC. 405. MOBILE RESOURCE CENTER PILOT PROGRAM.
(a) Establishment.--The Administrator of the Small Business
Administration may establish and carry out in each of fiscal
years 1995, 1996, and 1997 a mobile resource pilot program
(in this section referred to as the ``program'' in accordance
with the requirements of this section.
(b) Mobile Resource Center Vehicles.--Under the program,
the Administration may use mobile resource center vehicles to
provide technical assistance, information, and other services
available from the Small Business Administration to
traditionally underserved populations. Two of such vehicles
should be utilized in rural areas and 2 of such vehicles
should be utilized in urban areas.
(c) Report to Congress.--If the Administrator conducts the
program authorized in this section, not later than December
31, 1996, he shall transmit to Congress a report containing
the results of such program, together with recommendations
for appropriate legislative and administrative actions.
(d) Authorization of Appropriations.--There is authorized
to be appropriated for fiscal year 1995 $900,000 to carry out
this section. Of such sums--
(1) $800,000 may be made available for the purchase or
lease of mobile resource center vehicles; and
(2) $100,000 may be made available for studies, startup
expenses, and other administrative expenses.
Such sums shall remain available until expended.
TITLE V--RELIEF FROM FFB DEBENTURE PREPAYMENT PENALTIES
SEC. 501. CITATION.
This title may be cited as the ``Small Business Prepayment
Penalty Relief Act of 1994.''.
SEC. 502. MODIFICATION OF DEVELOPMENT COMPANY DEBENTURE
INTEREST RATES.
(a) In General.--Upon the request of the issuer and the
concurrence of the borrower, the Small Business
Administration is authorized to transfer to the Federal
Financing Bank such sums as may be necessary to carry out the
provisions of this section in order to reduce the interest
rate on a debenture issued by a certified development
company. The reduction shall be effective January 2, 1995 and
shall apply for the remainder of the term of the debenture.
(b) Interest Rate Modification.--Upon receipt of such
payment, the Federal Financing Bank shall modify the interest
rate of each debenture for which the payment is made. No
other change shall be made in the terms and conditions of the
debenture, and the modification in the interest rate shall
not be construed as a new direct loan or a new loan
guarantee.
(c) Definitions.--For the purposes of this section--
(1) the term ``issuer'' means the issuer of a debenture
pursuant to section 503 of the Small Business Investment Act
of 1958 which has been purchased by the Federal Financing
Bank if the debenture is outstanding on the date of enactment
of this Act, and neither the loan that secures the debenture
nor the debenture is in default on such date; and
(2) the term ``borrower'' means the small business concern
whose loan secures a debenture issued pursuant to such
section.
(d) Other Rights.--A modification of the interest rate on a
debenture as authorized in this section shall not affect any
rights or options of the issuer or borrower which are
otherwise authorized by contract or by law.
(e) Refinancing.--Debentures authorized by sections 504 and
505 of the Small Business Investment Act of 1958 may be used
to refinance debentures issued under section 503 of such Act
if the amount of the new financing is limited to such amounts
as are needed to repay the existing debenture, including any
prepayment penalty imposed by the Federal Financing Bank. Any
such refinancing shall be subject to all of the other
provisions of sections 504 and 505 of such Act and the rules
and regulations of the Administration promulgated thereunder,
including, but not limited to, rules and regulations
governing payment of authorized expenses and commissions,
fees and discounts to brokers and dealers in trust
certificates issued pursuant to section 505: Provided,
however, That no applicant for refinancing under section 504
of this Act need demonstrate that the requisite number of
jobs will be created or preserved with the proceeds of such
refinancing: Provided further, That a development company
which provides refinancing under this subsection shall be
limited to a loan processing fee not to exceed one-half of
one percent to cover the cost of packaging, processing and
other nonlegal staff functions.
SEC. 503. MODIFICATION OF SMALL BUSINESS INVESTMENT COMPANY
DEBENTURE INTEREST RATES.
(a) In General.--Upon the request of the issuer, the Small
Business Administration is authorized to transfer to the
Federal Financing Bank such sums as may be necessary to carry
out the provisions of this section in order to reduce the
interest rate on a debenture issued by a Small Business
Investment Company under the provisions of title III of the
Small Business Investment Act of 1958. The reduction shall be
effective January 2, 1995 and shall apply for the remainder
of the term of the debenture.
(b) Interest Rate Modification.--Upon receipt of such
payment, the Federal Financing Bank shall modify the interest
rate of each debenture for which the payment is made. No
other change shall be made in the terms and conditions of the
debenture, and the modification in the interest rate shall
not be construed as a new direct loan or a new loan
guarantee.
(c) Definitions.--For the purposes of this section, the
term ``issuer'' means the issuer of a debenture pursuant to
section 303 of the Small Business Investment Act of 1958
which has been purchased by the Federal Financing Bank if the
debenture is outstanding on the date of enactment of this
Act, and is not in default on such date.
(d) Other Rights.--A modification of the interest rate on a
debenture as authorized in this section shall not affect any
rights or options of the issuer which are otherwise
authorized by contract or by law.
SEC. 504. MODIFICATION OF SPECIALIZED SMALL BUSINESS
INVESTMENT COMPANY DEBENTURE INTEREST RATES.
(a) Interest Rate Modification.--Upon the request of the
issuer, the Small Business Administration is authorized to
modify the interest rate on a debenture issued by a Small
Business Investment Company licensed under the provisions of
section 301(d) of the Small Business Investment Act of 1958
and which is held by the Administration. No debenture which
has been sold to a third party shall be eligible for
modification under this section. The reduction shall be
effective January 2, 1995 and shall apply for the remainder
of the term of the debenture. No other change shall be made
in the terms and conditions of the debenture, and the
modification in the interest rate shall not be construed as a
new direct loan or a new loan guarantee.
(b) Definitions.--For the purposes of this section, the
term ``issuer'' means a Specialized Small Business Investment
Company licensed under the provisions of section 301(d) of
the Small Business Investment Act of 1958 which has issued a
debenture which has been funded by the Small Business
Administration, providing the debenture is outstanding on the
date of enactment of this Act and is not in default on such
date.
(c) Other Rights.--A modification of the interest rate on a
debenture as authorized in this section shall not affect any
rights or options of the issuer which are otherwise
authorized by contract or by law.
[[Page 1970]]
SEC. 505. INTEREST RATE REDUCTIONS.
(a) In General.--Upon enactment of an Appropriations Act
providing funds to carry out the provisions of this Act and
limited to amounts specifically provided in advance in
Appropriations Acts, the Small Business Administration shall
evaluate the outstanding portfolio of debentures which are
eligible for interest rate relief under this Act. The
Administration shall apply the funds appropriated to carry
out this Act in order to reduce the highest interest rate on
all eligible debentures to a uniform rate.
(b) Authorization.--There are authorized to be appropriated
$30 million to carry out the provisions of this Act in fiscal
year 1995.
TITLE VI--DEVELOPMENT OF WOMEN-OWNED BUSINESSES
SEC. 601. STATUS OF COUNCIL.
Section 401 of the Women's Business Ownership Act of 1988
(15 U.S.C. 631 note) is redesignated as section 405 of such
Act and, as redesignated, is amended--
(1) in the heading by inserting ``of the council'' after
``establishment''; and
(2) by striking the period at the end and inserting the
following: ``which shall serve as an independent advisory
council to the Interagency Committee on Women's Business
Enterprise, to the Administrator of the Small Business
Administration, and to the Congress of the United States. The
Council, in order to carry out its function as an independent
advisory council to the Congress, is authorized and directed
to report independently of the Interagency Committee directly
to the Congress at such times and on such matters as it, in
its discretion, deems appropriate.''.
SEC. 602. DUTIES OF NATIONAL WOMEN'S BUSINESS COUNCIL.
Section 402 of the Women's Business Ownership Act of 1988
(15 U.S.C. 631 note) is redesignated as section 406 of such
Act and, as redesignated, is amended to read as follows:
``SEC. 406. DUTIES OF THE COUNCIL.
``The Council shall meet at such times as it determines
necessary in order to advise and consult with the Interagency
Committee on Women's Business Enterprise on matters relating
to the activities, functions, and policies of such Committee
as provided in this title. The Council shall make annual
recommendations for consideration by the Committee. The
Council also shall provide reports and make such other
recommendations as it deems appropriate to the Committee, to
the Administrator of the Small Business Administration, and
to the Small Business Committee of the United States Senate
and to the Small Business Committee of the United States
House of Representatives.''.
SEC. 603. MEMBERSHIP OF THE COUNCIL.
Section 403 of the Women's Business Ownership Act of 1988
(15 U.S.C. 631 note) is redesignated as section 407 of such
Act, and, as redesignated, is amended to read as follows:
``SEC. 407. MEMBERSHIP OF THE COUNCIL.
``(a) The Council shall be composed of 15 members who shall
be appointed by the Administrator of the Small Business
Administration and who shall serve at the Administrator's
discretion. In making the appointments, the Administrator
shall include racial, geographic and economic diversity, and
representation from diverse sectors of the economy, including
manufacturing, high technology, services and credit
institutions, and shall give priority to include
representation of major women's business organizations.
``(b) Only the owner, operator or employee of a woman-owned
business shall be eligible for appointment, and not more than
eight appointees shall be members of the same political
party. If any member of the Council subsequently becomes an
officer or employee of the Federal Government or of the
Congress, such individual may continue as a member of the
Council for not longer than the thirty-day period beginning
on the date such individual becomes such an officer or
employee.
``(c) The Council annually shall select one member to serve
as its Chairperson. The Chairperson of the Council, or her
designee, shall be the representative of the Council to all
meetings of the Interagency Committee on Women's Business
Enterprise.
``(d) The Council shall meet not less than four times per
year. Meetings shall be at the call of the Chairperson at
such times as she deems appropriate.
``(e) Members of the Council shall serve without pay for
such membership, except they shall be entitled to
reimbursement for travel, subsistence, and other necessary
expenses incurred by them in carrying out the functions of
the Council, in the same manner as persons serving on
advisory boards pursuant to section 8(b) of the Small
Business Act.''.
SEC. 604. INTERAGENCY COMMITTEE.
Title IV of the Women's Business Ownership Act of 1988 (15
U.S.C. 631 note) is amended by striking section 404 and by
inserting the following new sections prior to section 405 as
redesignated by section 601 of this Act:
``SEC. 401. ESTABLISHMENT OF THE COMMITTEE.
``There is established an Interagency Committee to be known
as the `Interagency Committee on Women's Business Enterprise'
(hereinafter in this title referred to as the Committee).
``SEC. 402. DUTIES OF THE COMMITTEE.
``The Committee shall--
``(1) promote, coordinate and monitor the plans, programs
and operations of the departments and agencies of the Federal
Government which may contribute to the establishment,
preservation and strengthening of women's business
enterprise. It may, as appropriate, develop comprehensive
interagency plans and specific program goals for women's
business enterprise with the cooperation of Federal
departments and agencies;
``(2) promote the better utilization of the activities and
resources of State and local governments, business and trade
associations, private industry, colleges and universities,
foundations, professional organizations, and volunteer and
women's business enterprise, and facilitate the coordination
of the efforts of these groups with those of Federal
departments and agencies;
``(3) consult with the Council to develop and promote new
initiatives designed to foster women's business enterprise,
and to develop policies, programs, and plans intended to
promote such development;
``(4) consider the Council's recommendations and public and
private sector studies of the problems of women
entrepreneurs, and promote further research into such
problems; and
``(5) design a comprehensive plan for a joint public-
private sector effort to facilitate the development and
growth of women-owned businesses. The Committee should submit
the plan to the President for review within six months of the
effective date of this Act.
``SEC. 403. MEMBERSHIP OF THE COMMITTEE.
``(a) The Committee shall be composed of representatives of
the following departments and agencies: The Departments of
Agriculture, Commerce, Defense, Energy, Health and Human
Services, Education, Housing and Urban Development, Interior,
Justice, Labor, Transportation, Treasury, the Federal Trade
Commission, General Services Administration, National Science
Foundation, Office of Federal Procurement Policy, and the
Director of the Office of Women's Business Ownership of the
Small Business Administration, who shall serve as Vice
Chairperson of the Committee. The head of each such
department and agency shall designate a representative who
shall be a policy making official within the department or
agency.
``(b) The Committee shall have a Chairperson appointed by
the President, after consultation with the Administrator of
the Small Business Administration and the Chief Counsel for
Advocacy of the Small Business Administration. The
Chairperson shall be the head of a Federal department or
agency. If the Chairperson is the head of one of the
departments or agencies enumerated in subsection (a), he or
she shall also serve as the representative of such department
or agency.
``(c) The Committee shall meet not less than four times per
year. Meetings shall be at the call of the Chairperson at
such times as he or she deems appropriate.
``(d) The members of the Committee shall serve without
additional pay for such membership.
``(e) The Chairperson of the Committee may designate a
Director of the Committee, after consultation with the
Administrator of the Small Business Administration and the
Chief Counsel for Advocacy of the Small Business
Administration.
``(f) The Chief Counsel for Advocacy is authorized to
appoint to his staff under the provisions of section 204 of
Public Law 94-305 (15 U.S.C. 634(d)) the person so designated
under subsection (e). He or she is also authorized to provide
additional staff and administrative support for the
Committee.
``(g) The Director of the Office of Women's Business
Ownership of the Small Business Administration is authorized
to provide additional staff and administrative support for
the Committee.
``SEC. 404. REPORTS FROM THE COMMITTEE.
``The Committee shall transmit to the President and to the
Small Business Committee of the United States Senate and to
the Small Business Committee of the United States House of
Representatives a report no less than once in every twelve-
month period. The first such report shall be submitted no
later than March 31, 1995. Such reports shall contain any
recommendations from the Council and any comments of the
Committee thereon, a detailed statement on the activities of
the Committee, the findings and conclusions of the Committee,
together with its recommendations for such legislation and
administrative actions as it considers appropriate to promote
the development of small business concerns owned and
controlled by women.''.
SEC. 605. REPEALER.
Sections 404 through 407 of the Women's Business Ownership
Act of 1988, as in effect on the day before the date of the
enactment of this Act, are repealed and the following new
section is added at the end of title IV of such Act:
``SEC. 408. DEFINITIONS.
``For the purposes of this Act, the term--
``(1) `woman-owned business' shall mean a small business
which is at least 51 percent owned by a woman or women who
also control and operate it;
``(2) `control' shall mean exercising the power to make
policy decisions;
``(3) `operate' shall mean being actively involved in the
day-to-day management; and
``(4) `women's business enterprise' shall mean a woman-
owned business or businesses or the efforts of a woman or
women to establish, maintain, or develop such a business or
businesses.''.
SEC. 606. EXTENSION OF AUTHORITY FOR DEMONSTRATION PROJECTS.
Section 28 of the Small Business Act, as added by section 2
of Public Law 102-191, is redesignated as section 29 and, as
so redesig-
[[Page 1971]]
nated, is amended by striking from subsection (g) ``1995''
and by inserting ``1997''.
SEC. 607. ESTABLISHMENT OF OFFICE OF WOMEN'S BUSINESS
OWNERSHIP.
Section 29 of the Small Business Act, as redesignated by
section 606 of this Act, is amended by adding the following
new subsection at the end:
``(h) There is established within the Administration an
Office of Women's Business Ownership, which shall be
responsible for the administration of the Administration's
programs for the development of women's business enterprises
as defined in section 408 of the Women's Business Ownership
Act of 1988. The Office shall be headed by a director who
shall be appointed by the Administrator.''.
SEC. 608. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Title IV of the table of contents of the Women's
Business Ownership Act of 1988 (15 U.S.C. 631 note) is
amended to read as follows:
``TITLE IV--DEVELOPMENT OF WOMEN'S BUSINESS ENTERPRISE
``Sec. 401. Establishment of the Committee.
``Sec. 402. Duties of the Committee.
``Sec. 403. Membership of the Committee.
``Sec. 404. Reports from the Committee.
``Sec. 405. Establishment of the Council.
``Sec. 406. Duties of the Council.
``Sec. 407. Membership of the Council.
``Sec. 408. Definitions.''.
(b) The heading to title IV of the Women's Business
Ownership Act of 1988 (15 U.S.C. 631 note) is amended to read
as follows:
``TITLE IV--DEVELOPMENT OF WOMEN'S BUSINESS ENTERPRISES''.
SEC. 609. AUTHORIZATION.
There is authorized to be appropriated $200,000 in each of
fiscal years 1995 through 1997 to carry out the provisions of
title IV of the Women's Business Ownership Act of 1988 (15
U.S.C. 631 note).
TITLE VII--MISCELLANEOUS AMENDMENTS
SEC. 701. HANDICAPPED PARTICIPATION IN SMALL BUSINESS SET
ASIDE CONTRACTS.
Section 15(c) of the Small Business Act (15 U.S.C. 644(c))
is amended--
(1) by amending paragraph (2)(A) to read as follows:
``(2)(A) During each fiscal year, public or private
organizations for the handicapped shall be eligible to
participate in programs authorized under this section in an
aggregate amount not to exceed $50,000,000.''; and
(2) by adding the following new paragraph at the end
thereof:
``(7) Any contract awarded to such an organization pursuant
to the provisions of this subsection may be extended for up
to two additional years.''.
SEC. 702. SBA INTEREST PAYMENTS TO TREASURY.
Section 4(c)(5)(B)(ii) of the Small Business Act (15 U.S.C.
633(c)(5)(B)(ii)) is amended to read as follows:
``(ii) The Administration shall pay into the miscellaneous
receipts of the Treasury following the close of each fiscal
year the actual interest it collects during that fiscal year
on all financings made under the authority of this Act.''.
SEC. 703. IMPOSITION OF FEES.
Section 5(b) of the Small Business Act (15 U.S.C. 634(b))
is amended--
(1) in paragraph (10) by striking ``and'' at the end;
(2) in paragraph (11) by striking the period at the end and
inserting a semicolon; and
(3) by adding the following new paragraphs at the end:
``(12) impose, retain and use only those fees which are
specifically authorized by law or which are in effect on
September 30, 1994, and in the amounts and at the rates in
effect on such date. The administrator is authorized to
impose, retain and utilize, subject to approval in
appropriations Acts, the following additional fees--
``(A) not to exceed $100 for each loan servicing action
requested after disbursement of the loan, including
substitution of collateral, loan assumptions, release or
substitution of guarantors, reamortizations or similar
actions;
``(B) to recover the direct, incremental cost involved in
the production and dissemination of compilations of
information produced by the Administration under the
authority of the Small Business Act and the Small Business
Investment Act of 1958; and
``(13) to collect, retain and utilize, subject to approval
in appropriations Acts, any amounts collected by fiscal
transfer agents and not used by such agent as payment of the
cost of loan pooling or debenture servicing operations:
Provided, That any monies so collected shall be utilized
solely to facilitate the administration of the program which
generated the excess monies.''.
SEC. 704. SBIR VENDORS.
Section 9(q)(2) of the Small Business Act (15 U.S.C.
638(q)(2)) is amended to read as follows:
``(2) Vendor selection.--Each agency may select a vendor to
assist small business concerns to meet the goals listed in
paragraph (1). Such selection shall be competitive using
merit-based criteria, for a term not to exceed 3 years.''.
SEC. 705. MANUFACTURING CONTRACTS.
(a) Establishment of Pilot Program.--Section 15 of the
Small Business Act (15 U.S.C. 644) is amended by adding at
the end the following:
``(p) Manufacturing Modernization Pilot Program.--
``(1) Establishment.--The Administrator may establish and
carry out a manufacturing modernization pilot program
(hereinafter in this section referred to as the `program')
for the purpose of promoting the award of Federal procurement
contracts to small business concerns that participate in
manufacturing application and education centers that are
established or certified pursuant to paragraph (2).
``(2) Manufacturing application and education centers.--The
Administrator may establish manufacturing application and
education centers which will provide training to small
business concerns on new and innovative manufacturing
practices in a shared-use production environment and which
will assist such concerns in carrying out Federal procurement
contracts for the manufacture of components and subsystems.
The Administrator may also certify existing manufacturing
application and education centers for participation in the
program.
``(3) Use of private centers as examples.--In establishing
any manufacturing application and education centers pursuant
to paragraph (2), the Administrator may use as examples
manufacturing application and education centers in the
private sector that provide the following services:
technology demonstration, technology education, technology
application support, technology advancement support, and
technology awareness.
``(4) Identification of contracts.--The Administrator and
the head of a contracting agency may identify for additional
small business set-asides pursuant to subsection (a) any
procurement, and in particular any procurement which is being
foreign-sourced or is considered critical, which is
susceptible to performance by a small business concern if the
concern is assisted by a manufacturing application and
education center under the program. Any such procurement
shall be subject to the requirements of subsection (a),
including requirements relating to any failure of the
Administrator and the head of the contracting agency to agree
on procurement methods.
``(5) Nonapplicability of performance requirement.--The
requirement of subsection (o)(1)(B) shall not apply with
respect to any contract carried out by a small business
concern under the program with the assistance of a
manufacturing application and education center.
``(6) Regulations.--Not later than 6 months after the date
of the enactment of this subsection, the Administrator shall
issue regulations to carry out this subsection if he
determines it appropriate to carry out the program authorized
by this subsection.
``(7) Reports.--
``(A) Progress report.--Not later than 3 months after the
last day of the fiscal year in which final regulations are
issued pursuant to paragraph (6), the Administrator shall
transmit to the Committees on Small Business of the House of
Representatives and the Senate a report on the progress of
the program.
``(B) Final report.--If the Administrator establishes the
program authorized herein, not later than March 31, 1999, he
shall transmit to the Committees on Small Business of the
House of Representatives and the Senate a report on the
success of the program in--
``(i) enabling deployment of technology to small business
concerns participating in the program, and
``(ii) assisting manufacturing application and education
centers in achieving self-sufficiency,
together with recommendations concerning continuation,
modification, or discontinuance of the program.
``(8) Program term.--The Administrator may carry out the
program during the period beginning on the date of issuance
of final regulations under paragraph (5) and ending on
September 30, 1999.
``(9) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be necessary
to carry out this subsection.''.
SEC. 706. DENIAL OF USE OF FUNDS FOR INDIVIDUALS NOT LAWFULLY
WITHIN THE UNITED STATES.
The Small Business Act (15 U.S.C. 631 et seq.) is amended
by inserting after section 30, as added by section 304 of
this Act, the following:
``SEC. 31. DENIAL OF USE OF FUNDS FOR INDIVIDUALS NOT
LAWFULLY WITHIN THE UNITED STATES.
``None of the funds made available pursuant to this Act may
be used to provide any direct benefit or assistance to any
individual in the United States when it is made known to the
Administrator of the Small Business Administration or the
official to which the funds are made available that the
individual is not lawfully within the United States.''.
SEC. 707. OFFICE OF ADVOCACY EMPLOYEES.
Section 204 of Public Law 94-305 (15 U.S.C. 634d) is
amended as follows--
(1) by striking ``after consultation with and subject to
the approval of the Administrator,''; and
(2) in paragraph (1) by striking ``GS-15 of the General
Schedule'' and all that follows and inserting ``GS-15 of the
General Schedule: Provided, however, That not more than 14
staff personnel at any one time may be employed and
compensated at a rate in excess of GS-15, step 10, of the
General Schedule;''.
SEC. 708. ADVOCACY STUDY OF PAPERWORK AND TAX IMPACT.
The Chief Counsel for Advocacy of the Small Business
Administration shall conduct
[[Page 1972]]
a study of the impact of all Federal regulatory paperwork and
tax requirements upon small business and report its findings
to the Congress within 1 year of the date of the enactment of
this Act.
SEC. 709. CERTIFICATION OF COMPLIANCE WITH CHILD SUPPORT
OBLIGATIONS.
The Small Business Act (15 U.S.C. 631 et seq.) is amended
by inserting after section 31, as added by section 706 of
this Act, the following:
``SEC. 32. CERTIFICATION OF COMPLIANCE WITH CHILD SUPPORT
OBLIGATIONS.
``Each applicant for financial assistance under this Act,
including applicants for direct loans and loan guarantees,
shall certify, as a condition for receiving such assistance,
that the applicant is not in violation of the terms of any
administrative order, court order, or repayment agreement
entered into between the applicant and the custodial parent
or the State agency providing child support enforcement
services which requires the applicant to pay child support,
as such term is defined by section 462(b) of the Social
Security Act.''.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
Mr. KIM moved to recommit the bill to the Committee on Small Business
with instructions to report the bill back to the House forthwith with
the following amendment:
Page 37, after line 3, insert the following:
(c) Additional Amounts.--Notwithstanding any other
provision of law, the Administration is authorized to
transfer, subject to subsequent appropriations,
appropriations made available to carry out this title the
unobligated balance of the following amounts appropriated by
title IV of the Department of State of Related Agencies
Appropriations Act, 1995:
(1) $15,000,000 made available to the Administration under
the heading ``Salaries and Expenses'' to implement section 24
of the Small Business Act.
(2) $23,750,000 made available to the Administration under
the heading ``Business Loans Program Account'' to carry out
the projects specified in the second sentence of the first
paragraph under such heading.
Amounts transferred under this subsection shall be in
addition to amounts appropriated pursuant to subsection (b).
After debate,
By unanimous consent, the previous question was ordered on the motion
to recommit with instructions.
The question being put, viva voce,
Will the House recommit said bill with instructions?
The SPEAKER pro tempore, Mr. KLECZKA, announced that the nays had it.
Mr. KIM objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
176
When there appeared
<3-line {>
Nays
242
Para. 110.6 [Roll No. 427]
YEAS--176
Allard
Andrews (ME)
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bentley
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Camp
Canady
Cantwell
Castle
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fingerhut
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hancock
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson (SD)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McCurdy
McHugh
McInnis
McKeon
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Moorhead
Morella
Nussle
Orton
Oxley
Paxon
Penny
Peterson (MN)
Petri
Pombo
Pomeroy
Porter
Portman
Pryce (OH)
Ramstad
Ravenel
Roberts
Roemer
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Stearns
Stenholm
Stump
Swett
Talent
Taylor (MS)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Walker
Walsh
Weldon
Wolf
Young (FL)
Zeliff
Zimmer
NAYS--242
Ackerman
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barlow
Bateman
Becerra
Beilenson
Berman
Bevill
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Callahan
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Furse
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hansen
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutchinson
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Livingston
Lloyd
Long
Lowey
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDade
McDermott
McHale
McKinney
McNulty
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Owens
Packard
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pickle
Poshard
Price (NC)
Quillen
Quinn
Rahall
Rangel
Reed
Regula
Reynolds
Richardson
Rogers
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Spence
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Tanner
Tauzin
Taylor (NC)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Young (AK)
NOT VOTING--16
Abercrombie
Calvert
Frost
Gallo
Kennedy
Maloney
McMillan
Meehan
Ridge
Roth
Slattery
Sundquist
Synar
Vento
Vucanovich
Washington
So the motion to recommit with instructions was not agreed to.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. McDERMOTT, announced that the yeas had
it.
Mr. LaFALCE demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
370
<3-line {>
affirmative
Nays
48
Para. 110.7 [Roll No. 428]
YEAS--370
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
Dellums
Derrick
Deutsch
Dickey
Dingell
Dixon
Dooley
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Emerson
Engel
English
Eshoo
Evans
Everett
[[Page 1973]]
Ewing
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hansen
Harman
Hastert
Hastings
Hayes
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennelly
Kildee
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Menendez
Meyers
Mfume
Michel
Miller (CA)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roberts
Roemer
Rogers
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Visclosky
Volkmer
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
NAYS--48
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Barton
Bliley
Burton
Coble
Cox
Crane
Crapo
DeLay
Doolittle
Dornan
Dreier
Duncan
Ehlers
Fawell
Fields (TX)
Goodlatte
Hancock
Hefley
Hoekstra
Hunter
Istook
Kim
Manzullo
McCandless
McCollum
Mica
Miller (FL)
Moorhead
Myers
Packard
Paxon
Penny
Petri
Rohrabacher
Roth
Royce
Schaefer
Sensenbrenner
Smith (MI)
Stearns
Stump
Upton
Zimmer
NOT VOTING--16
DeLauro
Diaz-Balart
Dicks
Ford (MI)
Frost
Gallo
Kennedy
Maloney
Meek
Ridge
Slattery
Sundquist
Synar
Vento
Vucanovich
Washington
So the bill was passed.
On motion of Mr. LaFALCE, by unanimous consent, the bill of the Senate
(S. 2060) to amend the Small Business Act; was taken from the Speaker's
table.
When said bill was considered and read twice.
Mr. LaFALCE submitted the following amendment, which was agreed to:
Strike out all after the enacting clause and insert the provisions of
H.R. 4801, as passed by the House.
The bill, as amended, was ordered to be read a third time, was read a
third time by title, and passed.
By unanimous consent, the title was amended so as to read: ``An Act to
amend the Small Business Act, and for other purposes.''.
A motion to reconsider the votes whereby said bill, as amended, was
passed and the title was amended was, by unanimous consent, laid on the
table.
On motion of Mr. LaFALCE, by unanimous consent, it was,
Resolved, That the House insist upon its amendments to the foregoing
bill and request a conference with the Senate on the disagreeing votes
of the two Houses thereon.
Thereupon, the SPEAKER pro tempore, Mr. KLECZKA, by unanimous consent,
announced the appointment of Messrs. LaFalce, Smith of Iowa, Wyden, Mrs.
Meyers, and Mr. Baker of Louisiana, as managers on the part of the House
at said conference.
Ordered, That the Clerk notify the Senate thereof.
By unanimous consent, H.R. 4801, a similar House bill, was laid on the
table.
Para. 110.8 order of business--consideration of conference report--h.r.
4606
On motion of Mr. SMITH of Iowa, by unanimous consent,
Ordered, That, notwithstanding the provisions of clause 2 of rule
XXVIII, it may be in order at any time on Thursday, September 22, 1994,
or any day thereafter, to consider the conference report, amendments in
disagreement, and motions to dispose of amendments in disagreement, to
the bill (H.R. 4606) making appropriations for the Departments of Labor,
Health and Human Services, and Education, and related agencies, for the
fiscal year ending September 30, 1995, and for other purposes, and that
the conference report, amendments in disagreement, and motions printed
in the joint explanatory statement of the committee of conference to
dispose of amendments in disagreement be considered as read when called
up for consideration.
Para. 110.9 providing for the consideration of h.r. 2866
Mr. BONIOR, by direction of the Committee on Rules, called up the
following resolution (H. Res. 536):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 2866) to provide for the sound management and
protection of Redwood forest areas in Humboldt County,
California, by adding certain lands and waters to the Six
Rivers National Forest and by including a portion of such
lands in the national wilderness preservation system. The
first reading of the bill shall be dispensed with. General
debate shall be confined to the bill and shall not exceed one
hour, with thirty minutes equally divided and controlled by
the chairman and ranking minority member of the Committee on
Agriculture and thirty minutes equally divided and controlled
by the chairman and ranking minority member of the Committee
on Natural Resources. After general debate the bill shall be
considered for amendment under the five-minute rule. Each
section shall be considered as read. Points of order against
provisions in the bill for failure to comply with clause 5(a)
of rule XXI are waived. Except as provided in section 2 of
this resolution, no amendment shall be in order except those
printed in the report of the Committee on Rules accompanying
this resolution. Each amendment may be offered only in the
order printed in the report, may be offered only by a Member
designated in the report, shall be considered as read, shall
be debatable for the time specified in the report equally
divided and controlled by the proponent and an opponent,
shall not be subject to amendment except as specified in the
report, and shall not be subject to a demand for division of
the question in the House or in the Committee of the Whole.
All points of order against the amendments printed in the
report are waived. At the conclusion of consideration of the
bill for amendment the Committee shall rise and report the
bill to the House with such amendments as may have been
adopted. The previous question shall be considered as ordered
on the bill and amendments thereto to final passage without
intervening motion except one motion to recommit.
Sec. 2. It shall be in order at any time for the chairman
of the Committee on Agriculture or a designee to offer
amendments en bloc consisting of amendments printed in the
report of the Committee on Rules accompanying this resolution
or germane modifications of any such amendment. Amendments en
bloc offered pursuant to this section shall be considered as
read (except that modifications shall be reported), shall be
debatable for ten minutes equally divided and controlled by
the chairman and ranking minority member of the Committee on
Agriculture or their designees, shall not be subject to
amendment, and shall not be subject to a demand for division
of the question in the House or in the Committee of the
Whole. All points of order against such amendments en bloc
are waived. For the purpose of inclusion in such amendments
en bloc, an amendment printed in the form of a motion to
strike may be modified to the form of a germane perfecting
amendment to the text originally proposed to be stricken. The
origi-
[[Page 1974]]
nal proponent of an amendment included in such amendments en
bloc may insert a statement in the Congressional Record
immediately before the disposition of the amendments en bloc.
When said resolution was considered.
After debate,
Mr. HALL of Ohio moved the previous question on the resolution to its
adoption or rejection.
The question being put, viva voce,
Will the House now order the previous question?
The SPEAKER pro tempore, Mr. KLECZKA, announced that the yeas had it.
Mr. DREIER objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
245
When there appeared
<3-line {>
Nays
175
Para. 110.10 [Roll No. 429]
YEAS--245
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (TN)
Frank (MA)
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Ravenel
Reed
Reynolds
Richardson
Roemer
Rose
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Tanner
Tauzin
Taylor (MS)
Tejeda
Thornton
Thurman
Torres
Torricelli
Towns
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--175
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Traficant
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--14
Applegate
Bacchus (FL)
Bliley
Cardin
Ford (MI)
Frost
Gallo
Istook
Rostenkowski
Slattery
Sundquist
Synar
Thompson
Washington
So the previous question on the resolution was ordered.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. KLECZKA, announced that the yeas had it.
Mr. DREIER demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
246
<3-line {>
affirmative
Nays
174
Para. 110.11 [Roll No. 430]
YEAS--246
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Ravenel
Reed
Reynolds
Richardson
Roemer
Rose
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Tanner
Tauzin
Taylor (MS)
Tejeda
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--174
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
[[Page 1975]]
Barton
Bateman
Bentley
Bereuter
Bilirakis
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--14
Bacchus (FL)
Bliley
Costello
Cunningham
Frost
Gallo
Kaptur
Nussle
Rostenkowski
Slattery
Sundquist
Synar
Thompson
Washington
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 110.12 headwaters forest
The SPEAKER pro tempore, Mr. KLECZKA, pursuant to House Resolution 536
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 2866) to provide for the sound management and protection of
Redwood forest areas in Humbolt County, California, by adding certain
lands and waters to the Six Rivers National Forest and by including a
portion of such lands in the national wilderness preservation system.
The SPEAKER pro tempore, Mr. KLECZKA, by unanimous consent, designated
Mr. LANCASTER as Chairman of the Committee of the Whole; and after some
time spent therein,
Para. 110.13 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. DOOLITTLE:
Strike subsection (d) of section 3 of the bill and insert
the following new subsection.
(d) Authorization of Appropriations; Limitations.--There
are authorized to be appropriated such sums as may be
necessary to carry out this Act; except that the total amount
obligated or expended to acquire lands or interests in lands
in the Six Rivers Forest Addition shall not exceed
$200,000,000.
It was decided in the
Yeas
240
<3-line {>
affirmative
Nays
188
Para. 110.14 [Roll No. 431]
AYES--240
Ackerman
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barca
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Browder
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Castle
Chapman
Clement
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Darden
Deal
DeFazio
DeLay
Derrick
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
English
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Furse
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Gilman
Glickman
Goodlatte
Goodling
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hefley
Herger
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inslee
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Johnston
Kaptur
Kasich
Kim
King
Kingston
Klein
Klug
Knollenberg
Kolbe
Kyl
Lambert
Lancaster
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lucas
Machtley
Manzullo
McCandless
McCloskey
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mfume
Mica
Michel
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Morella
Myers
Nussle
Orton
Owens
Oxley
Packard
Paxon
Payne (VA)
Penny
Peterson (FL)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Ramstad
Regula
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Roth
Roukema
Rowland
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shepherd
Shuster
Sisisky
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Strickland
Stump
Stupak
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--188
Abercrombie
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barcia
Barlow
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Bonior
Borski
Boucher
Brewster
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Carr
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coyne
Danner
de la Garza
de Lugo (VI)
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Engel
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Gejdenson
Gephardt
Gibbons
Gonzalez
Gordon
Gutierrez
Hamburg
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hoyer
Hughes
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Kanjorski
Kennedy
Kennelly
Kildee
Kleczka
Klink
Kopetski
Kreidler
LaFalce
Lantos
LaRocco
Laughlin
Lewis (GA)
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Pallone
Parker
Pastor
Payne (NJ)
Pelosi
Peterson (MN)
Rahall
Rangel
Ravenel
Reed
Reynolds
Richardson
Romero-Barcelo (PR)
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Skaggs
Skelton
Slaughter
Smith (IA)
Stark
Stokes
Studds
Swift
Synar
Tejeda
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--11
Blackwell
Frost
Gallo
Gingrich
Inhofe
Ros-Lehtinen
Rostenkowski
Slattery
Sundquist
Thompson
Washington
So the amendment was agreed to.
After some further time,
Para. 110.15 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. POMBO:
Strike section 7 of the bill relating to a forest study by
the Secretary of Agriculture.
It was decided in the
Yeas
170
<3-line {>
negative
Nays
253
Para. 110.16 [Roll No. 432]
AYES--170
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bilirakis
Bliley
Blute
Boehner
Bonilla
Brewster
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
[[Page 1976]]
Coble
Collins (GA)
Combest
Condit
Cox
Crane
Crapo
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Gallegly
Gekas
Geren
Goodlatte
Goodling
Gordon
Goss
Grandy
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Holden
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kasich
Kim
King
Kingston
Knollenberg
Kolbe
Kyl
Lambert
Laughlin
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McCurdy
McDade
McHugh
McInnis
McKeon
McMillan
Mica
Michel
Miller (FL)
Molinari
Moorhead
Myers
Nussle
Orton
Oxley
Packard
Paxon
Petri
Pombo
Pomeroy
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Regula
Ridge
Roberts
Rogers
Rohrabacher
Roth
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shuster
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stenholm
Strickland
Stump
Stupak
Talent
Tanner
Tauzin
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Wolf
Young (AK)
Young (FL)
Zeliff
NOES--253
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bishop
Boehlert
Bonior
Borski
Boucher
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Durbin
Edwards (CA)
Ehlers
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Furse
Gejdenson
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Glickman
Gonzalez
Green
Greenwood
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Klug
Kopetski
Kreidler
LaFalce
Lancaster
Lantos
LaRocco
Lazio
Leach
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Mazzoli
McCloskey
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Porter
Poshard
Price (NC)
Rahall
Ravenel
Reed
Reynolds
Richardson
Roemer
Romero-Barcelo (PR)
Rose
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spratt
Stark
Studds
Swett
Swift
Synar
Taylor (MS)
Tejeda
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Zimmer
NOT VOTING--16
Blackwell
Frost
Gallo
Gingrich
Grams
Matsui
Norton (DC)
Pelosi
Rangel
Ros-Lehtinen
Rostenkowski
Slattery
Stokes
Sundquist
Thompson
Washington
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. McNULTY, assumed the Chair.
When Mr. LANCASTER, Chairman, pursuant to House Resolution 536,
reported the bill back to the House with sundry amendments adopted by
the Committee.
The previous question having been ordered by said resolution.
The following amendments, reported from the Committee of the Whole
House on the state of the Union, were agreed to:
Strike section 3 and insert the following:
(c) Definitions.--For purposes of this Act:
(1) The terms ``Six Rivers National Forest Addition'' and
``Headwaters Forest'' mean the area authorized for land
acquisition activities under section 3, as depicted on the
map described in section 3(b)(1).
(2) The term ``Secretary'' means the Secretary of
Agriculture.
SEC. 3. ADDITION TO SIX RIVERS NATIONAL FOREST.
(a) Modification of Boundaries.--Effective upon the
consummation of a land acquisition conducted as provided in
subsection (b), the Secretary of Agriculture shall modify the
exterior boundaries of the Six Rivers National Forest in the
State of California to include the acquired lands.
(b) Acquisition of Land.--
(1) Area for acquisition activities.--The Secretary may
acquire lands and interests in land within the boundaries of
an area comprising approximately 44,000 acres, as generally
depicted on the map entitled ``Six Rivers National Forest
Addition proposed'' and dated June 1993, for inclusion in the
Six Rivers National Forest under subsection (a). The map
shall be on file and available for public inspection in the
offices of the Forest Supervisor, Six Rivers National Forest,
and in the offices of the Chief of the Forest Service,
Department of Agriculture.
(2) Manner of conducting acquisition.--Lands and interests
in lands within the Six Rivers National Forest Addition may
be acquired by the Secretary only by donation, by purchase
with donated or appropriated funds, or by exchange.
(3) Special rule for federal transfers.--For purposes of
making an exchange under paragraph (2), excess or surplus
lands under the jurisdiction of any other department, agency,
or instrumentality of the United States may be transferred,
subject to the advance approval of the transfer by law, to
the administrative jurisdiction of the Secretary if the
Secretary identifies the lands as suitable for use in making
an exchange. To facilitate the approval of a transfer of
lands under this paragraph, the Secretary shall submit to the
Committee on Agriculture and the Committee on Natural
Resources of the House of Representatives and to the
Committee on Agriculture, Nutrition, and Forestry of the
Senate proposed legislation in connection with the proposed
transfer. The transfer of lands under this paragraph shall be
made without compensation to the transferring department,
agency, or instrumentality.
(4) Acquisition of certain lands outside addition.--When a
tract of land proposed to be acquired is only partly within
the Six Rivers National Forest Addition, the Secretary may
acquire all or any portion of the land outside of the Six
Rivers National Forest Addition to minimize the payment of
severance costs. Land acquired outside of the boundaries may
be exchanged by the Secretary for nonFederal lands within the
boundaries. Land acquired outside of the boundaries of the
Six Rivers National Forest Addition under this paragraph and
not used for exchange shall be reported to the Administrator
of the General Services Administration for disposal under the
Federal Property and Administrative Services Act of 1949 (40
U.S.C. 471 et seq.).
(5) Special rule for state or local government lands.--
Lands and interests in lands within the boundaries of the Six
Rivers National Forest Addition that are owned by the State
of California or any political subdivision thereof, may be
acquired only by donation or exchanges.
(6) Acceptance and use of funds.--The Secretary may accept
from the State of California funds to cover the cost of
acquiring lands within the Six Rivers National Forest
Addition. Notwithstanding any other provision of law, the
Secretary may retain and expend such funds for purposes of
such acquisition. Such funds shall be available for such
purposes without further appropriation and without fiscal
year limitation.
(c) Land Acquisition Plan.--The Secretary shall develop and
implement, within 6 months after the date of the enactment of
this Act, a land acquisition plan that contains specific
provisions addressing how and when lands will be acquired
under subsection (b). The plan shall give priority first to
the acquisition of lands within the Six Rivers National
Forest Addition proposed for inclusion in the National
Wilderness Preservation System. The plan shall include an
analysis of the possibilities for acquisition through means
other than the expenditure of funds, including the use of
excess and surplus Federal properties. The Secretary shall
identify and list these properties. The Secretary shall
submit copies of the plan to the Committee on Natural
Resources, the Committee on Agriculture, and the Committee on
Appropriations of the House of Representatives and to the
Committee on Energy and Natural Resources, the Committee on
Agriculture, Nutrition, and Forestry, and the Committee on
Appropriations of the Senate.
(d) Authorization of Appropriations.--There are hereby
authorized to be appro-
[[Page 1977]]
priated such sums as may be necessary to carry out the
purposes of this Act.
(e) Termination of Acquisition Authority.--Notwithstanding
any other provision of this section, the Secretary may not
acquire lands under the authority of this section after the
end of the 10-year period beginning on the date of the
enactment of this Act.
In section 4 of the bill, strike subsection (b) and insert
the following new subsection:
(b) Map and Description.--As soon as practicable after the
inclusion of any lands in the Headwaters Forest Wilderness,
the Secretary shall file a map and a legal description of the
area so included with the Committee on Natural Resources of
the House of Representatives and with the Committee on Energy
and Natural Resources of the Senate. The Secretary may
correct clerical and typographical errors in such legal
description and such map. Each such map and legal description
shall be on file and available for public inspection in the
offices of the Forest Supervisor, Six Rivers National Forest,
and in the offices of the Chief of the Forest Service,
Department of Agriculture.
In section 5 of the bill, strike subsection (a) and insert
the following new subsection:
(a) Management Plan.--Within 1 year after acquiring all or
part of the lands identified to be acquired in section 3, the
Secretary shall develop a comprehensive management plan for
the acquired lands detailing measures for the preservation of
the existing old growth redwood ecosystems. The management
plan shall include each of the following with respect to the
lands so acquired:
(1) Prohibition of the sale of timber from lands within the
old growth redwood groves as depicted generally on the map
referred to in section 3(b)(1). Timber sales in other areas
within the Six Rivers National Forest Addition shall be
allowed consistent with the purposes of this Act and other
applicable Federal laws and regulations.
(2) Measures to restore lands affected by previous timber
harvests to mitigate watershed degradation and impairment of
habitat for the marbled murrelet, northern spotted owl,
native salmon stocks, and other old-growth forest dependent
species.
The management plan shall be reviewed and revised each time
the land and resource management plan for the Six Rivers
National Forest is revised or more frequently as necessary to
meet the purposes of this Act.
Add at the end the following new section:
SEC. 8. NO ADVERSE EFFECT ON LANDS UNTIL ACQUIRED.
(A) In General.--Until the lands in the Six River National
Forest Addition are acquired under section 3, the owners of
the lands and their designees shall be entitled to the full
and lawful use and enjoyment of the lands. Nothing in this
Act may be--
(1) construed to impose any limitations upon any otherwise
lawful use of the lands by the owners of the lands or their
designees;
(2) construed as authority to defer the submission, review,
approval, or implementation of any timber harvest or similar
plan with respect to any portion of the lands; or
(3) construed to grant a cause of action against the owner
of the lands or their designees.
(b) Voluntary Deferment of Use.--The owners of lands
described in section 3 or their designees may agree of their
own accord to defer some or all lawful enjoyment and use of
the land for a certain period of time.
Add at the end of section 3 of the bill the following new
subsection:
(e) Consent of Owner Required for Acquisition.--Lands and
interests in lands within the Six Rivers National Forest
Addition may not be acquired by the Secretary for purposes of
this Act without the consent of the owner of the lands.
The Secretary may not acquire lands or interests in land
within the Six Rivers National Forest Addition by
condemnation.
Add at the end of subsection (a) of section 2 of the bill
the following new paragraph:
(6) The continued fragmentation and loss of irreplaceable
ecosystems creates an urgent need to develop creative
solutions to achieve the long-term benefits of permanent
protection and preservation.
Add at the end the following new section:
SEC. . SEARCH AND RESCUE OPERATIONS IN SIX RIVERS NATIONAL
FOREST.
As provided in section 4(c) of the Wilderness Act (16
U.S.C. 1133(c)), mechanical transport (including motor
vehicles, motorized equipment, and the landing of fixed-wing
and rotary aircraft) shall be permitted anywhere within the
boundaries of the Six Rivers National Forest with respect to
any emergency involving the health or safety of an individual
within the national forests.
Add at the end of the bill the following new section:
SEC. 8. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.
(a) Sense of Congress.--It is the sense of the Congress
that, to the greatest extent practicable, all equipment and
products purchased with funds made available under this Act
should be American-made.
(b) Notice Requirement.--In providing payments under
section 6 or other financial assistance to, or entering into
any contract with, any entity using funds made available
under this Act, the Secretary, to the greatest extent
practicable, shall provide to such entity a notice describing
the statement made in subsection (a) by the Congress.
Strike subsection (d) of section 3 of the bill and insert
the following new subsection.
(d) Authorization of Appropriations; Limitations.--There
are authorized to be appropriated such sums as may be
necessary to carry out this Act; except that the total amount
obligated or expended to acquire lands or interests in lands
in the Six Rivers Forest Addition shall not exceed
$200,000,000.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. McNULTY, announced that the yeas had it.
Mr. LEWIS of Florida demanded a recorded vote on passage of said bill,
which demand was supported by one-fifth of a quorum, so a recorded vote
was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
288
<3-line {>
affirmative
Nays
133
Para. 110.17 [Roll No. 433]
AYES--288
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bishop
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Glickman
Gonzalez
Gordon
Goss
Grandy
Green
Greenwood
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastert
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Horn
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kingston
Kleczka
Klein
Klink
Klug
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Levin
Lewis (GA)
Lipinski
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDade
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Porter
Poshard
Price (NC)
Rahall
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roemer
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spence
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Young (FL)
Zimmer
NOES--133
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bentley
Bilirakis
Bliley
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Emerson
Everett
Fowler
Gallegly
Gekas
Goodlatte
Goodling
Grams
Gunderson
Hall (TX)
Hancock
Hansen
Hefley
Herger
Hobson
Hoekstra
[[Page 1978]]
Hoke
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kasich
Kim
King
Knollenberg
Kolbe
Kyl
Laughlin
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lloyd
Lucas
Manzullo
McCandless
McCollum
McCrery
McHugh
McInnis
McKeon
McMillan
Mica
Michel
Miller (FL)
Molinari
Moorhead
Myers
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Roberts
Rogers
Rohrabacher
Roth
Royce
Schaefer
Sensenbrenner
Shuster
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Solomon
Stearns
Stenholm
Stump
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Upton
Vucanovich
Walker
Wolf
Young (AK)
Zeliff
NOT VOTING--13
Blackwell
Frost
Gallo
Gilman
Gingrich
Rangel
Ros-Lehtinen
Rose
Rostenkowski
Slattery
Sundquist
Thompson
Washington
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 110.18 clerk to correct engrossment
On motion of Mr. de la GARZA, by unanimous consent,
Ordered, That in the engrossment of the foregoing bill, the Clerk be
authorized to correct section numbers, punctuation, cross references,
and to make other technical corrections.
Para. 110.19 permission to file report
On motion of Mr. de la GARZA, by unanimous consent, the Committee on
Agriculture was granted permission to file a supplemental report (Rept.
No. 103-714, pt. 2) on the bill (H.R. 3171) to authorize the Secretary
of Agriculture to reorganize the Department of Agriculture, and for
other purposes.
Para. 110.20 waiving points of order against conference report on
h.r.4539
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-736) the resolution (H. Res. 539) waiving certain points of
order against the conference report to accompany the bill (H.R. 4539)
making appropriations for the Treasury Department, the United States
Postal Service, the Executive Office of the President, and certain
Independent Agencies, for fiscal year ending September 30, 1995, and for
other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 110.21 notice requirement--consideration of resolution--question
of privileges
Mr. COX, pursuant to clause 2(a)(1) of rule IX, announced his
intention to call up a resolution, as a question of the privileges of
the House.
Para. 110.22 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
Para. 110.23 message from the president--emigration standards of russian
federation
The SPEAKER pro tempore, Mr. STUPAK, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
I hereby transmit a report concerning the emigration laws and policies
of the Russian Federation as required by subsections 402(b) and 409(b)
of Title IV of the Trade Act of 1974, as amended (the ``Act''). I have
determined that the Russian Federation is in full compliance with the
criteria in subsections 402(a) and 409(a) of the Act. As required by
Title IV, I will provide the Congress with periodic reports regarding
the Russian Federation's compliance with these emigration standards.
William J. Clinton.
The White House, September 21, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Ways and Means and ordered to
be printed (H. Doc. 103-314).
Para. 110.24 leave of absence
By unanimous consent, leave of absence was granted to Mr. FROST, for
today.
And then,
Para. 110.25 adjournment
On motion of Mr. OWENS, at 7 o'clock and 38 minutes p.m., the House
adjourned.
Para. 110.26 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees delivered to the
Clerk for printing and reference to the proper calendar, as follows:
Mr. de la GARZA: Committee on Agriculture. Supplemental
report on H.R. 3171. A bill to authorize the Secretary of
Agriculture to reorganize the Department of Agriculture, and
for other purposes (Rept. No. 103-714 Pt. 2).
Mr. OBEY: Committee on Appropriations. Revised subdivision
of budget totals for fiscal year 1995 (Rept. No. 103-735).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. BEILENSON: Committee on Rules. House Resolution 537.
Resolution waiving points of order against the conference
report to accompany the bill (H.R. 4539) making
appropriations for the Treasury Department, the U.S. Postal
Service, the Executive Office of the President, and certain
Independent Agencies, for the fiscal year ending September
30, 1995, and for other purposes (Rept. No. 103-736).
Referred to the House Calendar.
Para. 110.27 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. FIELDS of Texas:
H.R. 5068. A bill to amend the Internal Revenue Code of
1986 to provide a credit for the purchase of child restraint
systems used in motor vehicles; to the Committee on Ways and
Means.
By Mr. HUNTER (for himself and Ms. Dunn):
H.R. 5069: A bill to direct the Attorney General of the
United States to enforce existing anti-pornography laws; to
the Committee on the Judiciary.
By Mr. PAYNE of Virginia:
H.R. 5070. A bill to amend the Internal Revenue Code of
1986 to repeal the 1993 Federal income tax rate increases on
trusts established for the benefit of individuals with
disabilities; to the Committee on Ways and Means.
By Mr. SKEEN (for himself, Mr. Richardson, and Mr.
Brewster):
H.R. 5071. A bill to amend the Federal Aviation
Administration Authorization Act of 1994 to delay the
effective date of trucking deregulation for 1 year; to the
Committee on Public Works and Transportation.
By Mr. MOAKLEY:
H. Con. Res. 292. Concurrent resolution providing for the
printing of a collection of statements made in tribute to the
late Speaker of the House of Representatives, Thomas P.
``Tip'' O'Neill, Jr.; to the Committee on House
Administration.
By Mr. CRAMER:
H. Res. 538. Resolution expressing the sense of the House
of Representatives that communities should establish
multidisciplinary team approaches to treat children who
suffer from sickle cell disease; to the Committee on Energy
and Commerce.
By Mr. SKEEN (for himself, Mr. Kildee, Mr. Williams,
Mr. Richardson, Ms. English of Arizona, Mr. Fazio,
Mr. Oberstar, Mr. Schiff, Mr. Pomeroy, Mr. Johnson of
South Dakota, Mr. Swift, Mr. Flake, Mr. Hilliard, Mr.
Dellums, Mr. Owens, Mr. Stupak, Mr. Bereuter, Mrs.
Meyers of Kansas, Mr. Tejeda, Mr. Pastor, and Mr.
Barrett of Nebraska):
H. Res. 539. Resolution to encourage the President to
establish an advisory commission on tribally controlled
institutions of higher learning; to the Committee on
Education and Labor.
Para. 110.28 private bills and resolutions
Under clause 1 of rule XXII:
Mr. KANJORSKI (by request) introduced a bill (H.R. 5072)
for the relief of Charmaine Bieda; which was referred to the
Committee on the Judiciary.
Para. 110.29 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 162: Mr. McCurdy, Mr. Stenholm, and Mr. Lucas.
H.R. 425: Mr. Barton of Texas and Mrs. Unsoeld.
H.R. 427: Mr. Barton of Texas and Mrs. Unsoeld.
H.R. 559: Ms. Margolies-Mezvinsky and Mr. Lipinski.
H.R. 654: Mr. Bonior, Mr. Berman, Mr. Farr, Mr. Menendez,
Mr. Hamilton, Mr. Taylor of Mississippi, Mr. Browder, Mr.
Kim, Mr. Blute, Mr. Leach, and Mr. Martinez.
H.R. 1172: Mr. Wise.
H.R. 1671: Mr. Edwards of Texas, Mr. Mann, and Mr. Hefner.
H.R. 1997: Mr. LaRocco.
H.R. 2270: Mr. Shays.
H.R. 2292: Mr. Derrick and Mr. Clyburn.
H.R. 2340: Mr. Yates, Mr. Evans, and Mr. Clay.
[[Page 1979]]
H.R. 2720: Mr. Deutsch and Ms. DeLauro.
H.R. 2898: Ms. Eddie Bernice Johnson of Texas.
H.R. 2959: Mr. Sam Johnson.
H.R. 3270: Mr. Carr.
H.R. 3320: Ms. Molinari and Mr. Saxton.
H.R. 3472: Mr. Schiff.
H.R. 3725: Mr. Sensenbrenner.
H.R. 3854: Mr. Gene Green of Texas.
H.R. 3885: Mr. Andrews of Texas, Mr. Dellums, and Mr.
Ackerman.
H.R. 4036: Mr. Schiff, Mr. Engel, and Mr. Deutsch.
H.R. 4244: Mr. Shays.
H.R. 4327: Mr. Blute and Mr. Torkildsen.
H.R. 4507: Mr. Fingerhut, Mr. Deutsch, and Mr. Applegate.
H.R. 4516: Mr. Machtley.
H.R. 4742: Mr. Hansen and Mr. Huffington.
H.R. 4765: Mr. Rohrabacher.
H.R. 4831: Mr. Hutchinson and Mrs. Vucanovich.
H.R. 5005: Mr. Burton of Indiana.
H.R. 5016: Mr. McInnis.
H.J. Res. 107: Mr. Shays.
H.J. Res. 332: Mr. Neal of Massachusetts, Mr. Spratt, Mr.
Hilliard, Mr. Burton of Indiana, Mr. Coyne, Mr. Peterson of
Florida, Mr. Peterson of Minnesota, Mrs. Johnson of
Connecticut, Mr. Thomas of Wyoming, Mr. Gallo, Mr. Ehlers,
Mr. Blute, Mr. Everett, Mr. Weldon, Mr. McDade, Mr. Rahall,
Mr. Valentine, Mr. Livingston, Mr. Bilbray, and Mr.
Traficant.
H.J. Res. 398: Mr. Coble, Mr. Browder, Mr. Dellums, Ms.
Eddie Bernice Johnson of Texas, Ms. Dunn, Mr. Cooper, Mr.
Hyde, Mr. Smith of New Jersey, Mr. Smith of Texas, Mr.
Baesler, Mr. Gene Green of Texas, Mr. Crane, Mr. Hastings,
Mr. Solomon, Mr. Stump, Mr. Torricelli, Mr. Gibbons, Mr.
Traficant, Mr. Glickman, Mr. Paxon, Mr. Packard, and Mr.
Manton.
H.J. Res. 409: Mr. Valentine.
H. Con. Res. 35: Mr. Fazio, Mr. Stark, Mrs. Mink of Hawaii,
Mr. Poshard, Mr. Mfume, Mr. Bonior, Ms. Slaughter, Ms.
Velazquez, Mr. Lancaster, Mr. Rose, Mr. Andrews of Texas, Mr.
Bryant, Mr. Brooks, Mr. Tejeda, Mr. Scott, Mr. Dooley, Mr.
Miller of California, Mr. Gibbons, Mr. Conyers, Mr. Levin,
Mr. Taylor of Mississippi, Mr. LaFalce, Mr. Clement, Mr.
Cooper, Mrs. Lloyd, Mr. Wilson, and Mr. Rahall.
H. Con. Res. 227: Mr. Livingston.
H. Con. Res. 254: Mr. Becerra, Mr. Bryant, Mr. DeFazio, Mr.
Edwards of California, Mr. Fazio, Mr. Frank of Massachusetts,
Mr. Hinchey, Mr. Hochbrueckner, Ms. Eddie Bernice Johnson of
Texas, Mr. Kopetski, Mr. Lantos, Mr. Machtley, Mrs. Maloney,
Mr. Miller of California, Mrs. Mink of Hawaii, Ms. Molinari,
Mr. Oberstar, Mr. Rangel, Mr. Richardson, Ms. Schenk, Mr.
Schumer, Ms. Shepherd, Mr. Studds, and Mr. Wilson.
M. Con. Res. 269: Ms. Molinari.
H. Con. Res. 281: Mr. Gilman, Ms. Molinari, Mr. Holden, and
Mr. Frank of Massachusetts.
H. Res. 86: Mr. Greenwood, Ms. Margolies-Mezvinsky, and Mr.
Saxton.
H. Res. 519: Mr. Walsh, and Mr. Hutchinson.
.
THURSDAY, SEPTEMBER 22, 1994 (111)
The House was called to order by the SPEAKER.
Para. 111.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Wednesday, September 21, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 111.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3860. A letter from the Administrator, General Services
Administration, transmitting an informational copy of a
prospectus for the Department of Commerce, pursuant to 40
U.S.C. 606(a); to the Committee on Public Works and
Transportation.
3861. A letter from the Secretary of Transportation,
transmitting the annual report on the transition to quieter
airplanes; to the Committee on Public Works and
Transportation.
3862. A letter from the Assistant Secretary of the Army
(Civil Works), transmitting a letter from the Chief of
Engineers, Department of the Army dated January 28, 1994,
submitting a report together with accompanying papers and
illustrations (H. Doc. No. 103-315); to the Committee on
Public Works and Transportation and ordered to be printed.
3863. A letter from the Deputy Secretary of Defense,
transmitting a report on the status of the process for the
resolution of commercial disputes in Saudi Arabia and the
prognosis for any of the disputes that remain unresolved;
jointly, to the Committees on Appropriations and Foreign
Affairs.
Para. 111.3 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed with amendments in which the concurrence of
the House is requested, a bill and concurrent resolution of the House of
the following titles:
H.R. 3664. An Act to direct the Secretary of the Interior
to convey to the State of Minnesota the New London National
Fish Hatchery production facility; and
H. Con. Res. 285. Concurrent resolution directing the
Secretary of the Senate to make technical corrections in the
enrollment of S. 2182.
The message also announced that the Senate had passed a bill of the
following title, in which the concurrence of the House is requested:
S. 2067. An Act to elevate the position of Director of
Indian Health Service to Assistant Secretary of Health and
Human Services, to provide for the organizational
independence of the Indian Health Service within the
Department of Health and Human Services, and for other
purposes.
The message also announced that the Secretary be directed to return to
the House S. 725 entitled ``An Act to amend the Public Health Service
Act to provide for the conduct of expanded studies and the establishment
of innovative programs with respect to traumatic brain injury, and for
other purposes,'' with accompanying papers, in compliance with a request
of the House for the return thereof.
Para. 111.4 labor-hhs-education appropriations
Mr. SMITH of Iowa, pursuant to the order of the House of September 20,
1994, called up the following conference report (Rept. No. 103-733):
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the Senate to the bill (H.R.
4606) ``making appropriations for the Departments of Labor,
Health and Human Services, and Education, and related
agencies, for the fiscal year ending September 30, 1995, and
for other purposes,'' having met after full and free
conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the Senate recede from its amendments numbered 28, 36,
39, 77, 82, 84, 94, 105, 127, 129, 131, 133, 149, 151, and
152.
That the House recede from its disagreement to the
amendments of the Senate numbered 1, 9, 10, 19, 22, 23, 24,
25, 31, 55, 59, 64, 72, 85, 92, 110, 111, 112, 113, 114, 115,
119, 120, 121, 125, 128, 134, 136, 137, 147, and 150, and
agree to the same.
Amendment numbered 2:
That the House recede from its disagreement to the
amendment of the Senate numbered 2, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$5,505,885,000; and the Senate agree to the same.
Amendment numbered 3:
That the House recede from its disagreement to the
amendment of the Senate numbered 3, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$5,181,250,000; and the Senate agree to the same.
Amendment numbered 4:
That the House recede from its disagreement to the
amendment of the Senate numbered 4, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$142,029,000; and the Senate agree to the same.
Amendment numbered 5:
That the House recede from its disagreement to the
amendment of the Senate numbered 5, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment amended to
read as follows: including $46,404,000 for new centers; ; and
the Senate agree to the same.
Amendment numbered 6:
That the House recede from its disagreement to the
amendment of the Senate numbered 6, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$125,000,000; and the Senate agree to the same.
Amendment numbered 7:
That the House recede from its disagreement to the
amendment of the Senate numbered 7, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$64,080,000; and the Senate agree to the same.
Amendment numbered 8:
That the House recede from its disagreement to the
amendment of the Senate numbered 8, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$85,710,000; and the Senate agree to the same.
Amendment numbered 11:
That the House recede from its disagreement to the
amendment of the Senate numbered 11, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$1,054,813,000; and the Senate agree to the same.
Amendment numbered 14:
That the House recede from its disagreement to the
amendment of the Senate numbered 14, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$147,188,000; and the Senate agree to the same.
Amendment numbered 15:
[[Page 1980]]
That the House recede from its disagreement to the
amendment of the Senate numbered 15, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$3,269,097,000; and the Senate agree to the same.
Amendment numbered 16:
That the House recede from its disagreement to the
amendment of the Senate numbered 16, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$145,254,000; and the Senate agree to the same.
Amendment numbered 17:
That the House recede from its disagreement to the
amendment of the Senate numbered 17, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$820,658,000; and the Senate agree to the same.
Amendment Numbered 21:
That the House recede from its disagreement to the
amendment of the Senate numbered 21, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$31,471,000; and the Senate agree to the same.
Amendment Numbered 27:
That the House recede from its disagreement to the
amendment of the Senate numbered 27, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment insert: $154,827,000; and the Senate agree to the
same.
Amendment Numbered 29:
That the House recede from its disagreement to the
amendment of the Senate numbered 29, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$48,106,000; and the Senate agree to the same.
Amendment Numbered 30:
That the House recede from its disagreement to the
amendment of the Senate numbered 30, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$3,913,000; and the Senate agree to the same.
Amendment Numbered 34:
That the House recede from its disagreement to the
amendment of the Senate numbered 34, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$3,056,203,000; and the Senate agree to the same.
Amendment Numbered 40:
That the House recede from its disagreement to the
amendment of the Senate numbered 40, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$728,284,000; and the Senate agree to the same.
Amendment numbered 41:
That the House recede from its disagreement to the
amendment of the Senate numbered 41, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$628,301,000; and the Senate agree to the same.
Amendment numbered 42:
That the House recede from its disagreement to the
amendment of the Senate numbered 42, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$291,600,000; and the Senate agree to the same.
Amendment numbered 43:
That the House recede from its disagreement to the
amendment of the Senate numbered 43, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$267,566,000; and the Senate agree to the same.
Amendment numbered 44:
That the House recede from its disagreement to the
amendment of the Senate numbered 44, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$432,698,000; and the Senate agree to the same.
Amendment numbered 45:
That the House recede from its disagreement to the
amendment of the Senate numbered 45, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$228,521,000; and the Senate agree to the same.
Amendment numbered 46:
That the House recede from its disagreement to the
amendment of the Senate numbered 46, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$166,886,000; and the Senate agree to the same.
Amendment numbered 47:
That the House recede from its disagreement to the
amendment of the Senate numbered 47, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$48,237,000; and the Senate agree to the same.
Amendment numbered 48:
That the House recede from its disagreement to the
amendment of the Senate numbered 48, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$543,550,000; and the Senate agree to the same.
Amendment numbered 49:
That the House recede from its disagreement to the
amendment of the Senate numbered 49, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$14,697,000; and the Senate agree to the same.
Amendment numbered 50:
That the House recede from its disagreement to the
amendment of the Senate numbered 50, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$126,274,000; and the Senate agree to the same.
Amendment numbered 52:
That the House recede from its disagreement to the
amendment of the Senate numbered 52, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$114,120,000; and the Senate agree to the same.
Amendment numbered 57:
That the House recede from its disagreement to the
amendment of the Senate numbered 57, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$5,796,000; and the Senate agree to the same.
Amendment numbered 58:
That the House recede from its disagreement to the
amendment of the Senate numbered 58, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$18,300,000; and the Senate agree to the same.
Amendment numbered 60:
That the House recede from its disagreement to the
amendment of the Senate numbered 60, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$2,207,135,000; and the Senate agree to the same.
Amendment numbered 61:
That the House recede from its disagreement to the
amendment of the Senate numbered 61, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$2,207,135,000; and the Senate agree to the same.
Amendment numbered 62:
That the House recede from its disagreement to the
amendment of the Senate numbered 62, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$21,225,101,000; and the Senate agree to the same.
Amendment numbered 65:
That the House recede from its disagreement to the
amendment of the Senate numbered 65, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$97,000,000; and the Senate agree to the same.
Amendment numbered 67:
That the House recede from its disagreement to the
amendment of the Senate numbered 67, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$155,796,000; and the Senate agree to the same.
Amendment numbered 68:
That the House recede from its disagreement to the
amendment of the Senate numbered 68, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$1,319,204,000; and the Senate agree to the same.
Amendment numbered 76:
That the House recede from its disagreement to the
amendment of the Senate numbered 76, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$13,659,000; and the Senate agree to the same.
Amendment numbered 106:
That the House recede from its disagreement to the
amendment of the Senate Numbered 106, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$3,252,846,000; and the Senate agree to the same.
Amendment numbered 109:
That the House recede from its disagreement to the
amendment of the Senate Numbered 109, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$2,393,352,000; and the Senate agree to the same.
Amendment numbered 116:
That the House recede from its disagreement to the
amendment of the Senate Numbered 116, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$1,473,175,000, of which $1,470,256,000; and the Senate agree
to the same.
Amendment numbered 117:
That the House recede from its disagreement to the
amendment of the Senate Numbered 117, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$34,535,000; and the Senate agree to the same.
Amendment numbered 118:
That the House recede from its disagreement to the
amendment of the Senate Numbered 118, and agree to the same
with an amendment, as follows:
[[Page 1981]]
In lieu of the sum proposed by said amendment insert:
$20,684,000; and the Senate agree to the same.
Amendment numbered 122:
That the House recede from its disagreement to the
amendment of the Senate Numbered 122, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$7,702,970,000; and the Senate agree to the same.
Amendment numbered 123:
That the House recede from its disagreement to the
amendment of the Senate Numbered 123, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$63,375,000; and the Senate agree to the same.
Amendment numbered 126:
That the House recede from its disagreement to the
amendment of the Senate numbered 126, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment insert: VIII, part A, subpart 1 of part B, and part
D of title X, and; and the Senate agree to the same.
Amendment numbered 132:
That the House recede from its disagreement to the
amendment of the Senate numbered 132, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended to
read as follows: and $1,000,000 of the amount provided herein
for title III shall be available for an evaluation of the
title III programs; and the Senate agree to the same.
Amendment numbered 140:
That the House recede from its disagreement to the
amendment of the Senate numbered 140, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$356,021,000; and the Senate agree to the same.
Amendment numbered 141:
That the House recede from its disagreement to the
amendment of the Senate numbered 141, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$30,437,000; and the Senate agree to the same.
Amendment numbered 142:
That the House recede from its disagreement to the
amendment of the Senate numbered 142, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$59,317,000; and the Senate agree to the same.
Amendment numbered 143:
That the House recede from its disagreement to the
amendment of the Senate numbered 143, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$214,710,000; and the Senate agree to the same.
Amendment numbered 145:
That the House recede from its disagreement to the
amendment of the Senate numbered 145, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$31,344,000; and the Senate agree to the same.
Amendment numbered 146:
That the House recede from its disagreement to the
amendment of the Senate numbered 146, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$1,793,000; and the Senate agree to the same.
The committee of conference report in disagreement
amendments numbered 12, 13, 18, 20, 26, 32, 33, 35, 37, 38,
51, 53, 54, 56, 63, 66, 69, 70, 71, 73, 74, 75, 78, 79, 80,
81, 83, 86, 87, 88, 89, 90, 91, 93, 95, 96, 97, 98, 99, 100,
101, 102, 103, 104, 107, 108, 124, 130, 135, 138, 139, 144,
148, 153, 154, 155, 156, and 157.
Neal Smith,
David Obey,
Louis Stokes,
Steny H. Hoyer,
Nancy Pelosi,
Nita M. Lowey,
Jose Serrano
(except amendment 153),
Rosa L. DeLauro,
Martin Olav Sabo,
John Edward Porter
(except amendments 108 and 157),
Bill Young,
Helen Delich Bentley,
Henry Bonilla,
Joseph M. McDade,
Managers on the Part of the House.
Tom Harkin,
Robert C. Byrd,
Fritz Hollings,
Daniel K. Inouye,
Dale Bumpers,
Harry Reid,
Herb Kohl,
Patty Murray,
Arlen Specter,
Mark O. Hatfield,
Ted Stevens
(except for CPB),
Thad Cochran,
Slade Gorton,
Connie Mack,
C.S. Bond,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
By unanimous consent, the previous question was ordered on the
conference report to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. MFUME, announced that the yeas had it.
Mr. GUNDERSON objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
331
When there appeared
<3-line {>
Nays
89
Para. 111.5 [Roll No. 434]
YEAS--331
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Baker (CA)
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Blute
Boehlert
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Cunningham
Danner
Darden
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Duncan
Durbin
Edwards (CA)
Edwards (TX)
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Frost
Furse
Gallegly
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodling
Gordon
Grandy
Green
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Holden
Horn
Houghton
Hoyer
Hughes
Hutchinson
Hutto
Hyde
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
King
Kleczka
Klein
Klink
Klug
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCrery
McCurdy
McDade
McDermott
McHale
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Michel
Miller (CA)
Mineta
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pickle
Pomeroy
Porter
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Reed
Regula
Reynolds
Richardson
Roemer
Rogers
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (NC)
Tejeda
Thomas (CA)
Thornton
Thurman
Torkildsen
Torres
Torricelli
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
NAYS--89
Allard
Archer
Armey
Bachus (AL)
Baker (LA)
Ballenger
Bartlett
Barton
Bliley
Boehner
Bunning
Burton
Buyer
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
DeLay
Doolittle
Dornan
Dreier
Dunn
Ehlers
Emerson
Fields (TX)
[[Page 1982]]
Franks (NJ)
Gekas
Goodlatte
Goss
Grams
Greenwood
Hancock
Hansen
Hefley
Herger
Hoke
Huffington
Hunter
Inglis
Inhofe
Istook
Johnson, Sam
Kim
Kingston
Knollenberg
Kolbe
Lewis (FL)
Lightfoot
Lucas
Manzullo
McCandless
McCollum
McHugh
McInnis
McKeon
Mica
Miller (FL)
Minge
Moorhead
Oxley
Packard
Paxon
Penny
Peterson (MN)
Petri
Pombo
Portman
Ramstad
Ravenel
Roberts
Rohrabacher
Roth
Royce
Schaefer
Sensenbrenner
Shuster
Smith (MI)
Solomon
Spence
Stearns
Stump
Talent
Taylor (MS)
Thomas (WY)
Walker
Zeliff
Zimmer
NOT VOTING--14
Collins (MI)
de la Garza
Engel
Gallo
Hastert
Kopetski
Orton
Rangel
Ridge
Slattery
Sundquist
Thompson
Towns
Washington
So the conference report was agreed to.
Para. 111.6 amendments in disagreement--h.r. 4606
The House then proceeded to the consideration of the following
amendments of the Senate reported in disagreement numbered 12, 13, 18,
20, 26, 32, 33, 35, 37, 38, 51, 53, 54, 56, 63, 66, 69, 70, 71, 73, 74,
75, 78, 79, 80, 81, 83, 86, 87, 88, 89, 90, 91, 93, 95, 96, 97, 98, 99,
100, 101, 102, 103, 104, 107, 108 124, 130, 135, 138, 139, 144, 148,
153, 154, 155, 156, and 157.
On motion of Mr. SMITH of Iowa, by unanimous consent, the following
amendments of the Senate numbered 12, 13, 20, 32, 37, 66, 75, 78, 79,
80, 89, 91, 101, 108, and 124 were considered en bloc.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendments of the Senate numbered 12, 13, 20, 32,
37, 66, 75, 78, 79, 80, 89, 91, 101, 108, and 124, and concurred
therein.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 18 and concurred
therein with the following amendment:
In lieu of the sum proposed by said amendment, insert
$223,837,000.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 26 and concurred
therein with the following amendment:
In lieu of the sum named in said amendment, insert
``$2,100,000''.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 33 and concurred
therein with the following amendment:
In lieu of the matter inserted by said amendment, insert:
Sec. 105. The Secretary of Labor is authorized to accept,
in the name of the Department of Labor, and employ or dispose
of in furtherance of authorized activities of the Department
of Labor, during the fiscal year ending September 30, 1995,
and each fiscal year thereafter, any money or property, real,
personal, or mixed, tangible or intangible, received by gift,
devise, bequest, or otherwise.
Sec. 106. Section 5315 of title 5, United States Code, is
amended by inserting at the end thereof: ``The Commissioner
of Labor Statistics, Department of Labor.''.
Section 5316 of title 5, United States Code, is amended by
striking: ``Commissioner of Labor Statistics, Department of
Labor.''.
Sec. 107. None of the funds appropriated in this title for
the Job Corps shall be used to pay the compensation of an
individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of $125,000.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 35 and concurred
therein with the following amendment:
In lieu of the sum named in said amendment, insert
``$24,625,000''.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 38 and concurred
therein with the following amendment:
In lieu of the sum proposed by said amendment, insert
``$2,089,443,000''.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 51 and concurred
therein with the following amendment:
In lieu of the sum proposed by said amendment, insert
``$218,367,000, of which $3,375,000 shall be transferred to
the National Institute of General Medical Sciences''.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 53 and concurred
therein with the following amendment:
In lieu of the sum proposed by said amendment, insert
``$2,181,407,000''.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 54 and concurred
therein with the following amendment:
In lieu of the matter stricken and inserted by said
amendment, insert $65,267,000, together with $1,500,000 which
shall be only for employee buyouts, terminal leave, severance
pay, and other costs related to the reduction of the number
of employees in the Office of the Assistant Secretary of
Health.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 56 and concurred
therein with the following amendment:
In lieu of the sum proposed by said amendment, insert
``$138,642,000''.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 63 and concurred
therein with the following amendment:
In lieu of the sum proposed by said amendment, insert
``$5,159,785,000''.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 69 and concurred
therein with the following amendment:
In lieu of the matter inserted by said amendment, insert:
state legalization impact-assistance grants
(including rescission)
Funds not obligated by the States by June 29, 1995, under
section 204(b)(4) of the Immigration Reform and Control Act
of 1986 are hereby rescinded.
For Federal administration and allotments of funds to the
States made by the Secretary of Health and Human Services for
the purpose of making payments to public and private
nonprofit organizations for public information and outreach
activities; and English language and civics instruction
provided to any adult eligible legalized alien who has not
met the requirements of section 312 of the Immigration and
Nationality Act for purposes of becoming naturalized as a
citizen of the United States, $6,000,000: Provided, That the
Secretary of Health and Human Services shall allocate such
amount among the States not later than August 15, 1995:
Provided further, That each State's share of these funds
shall be equal to that State's percentage share of the total
costs of administering and providing educational services to
eligible legalized aliens in all States through fiscal year
1994, as determined by the Secretary: Provided further, That
the definition of ``eligible legalized alien'' contained in
section 204(j)(4) of the Immigration Reform and Control Act
of 1986 is amended by inserting before the period at the end
``, except that the five-year limitation shall not apply for
the purposes of making payments from funds appropriated under
the fiscal year 1995 Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act for
providing public information and outreach activities
regarding naturalization and citienship; and English language
and civics instruction to any adult eligible legalized alien
who has not met the requirements of section 312 of the
Immigration and Nationality Act for purposes of becoming
naturalized as a citizen of the United States'': Provided
further, That each State may designate the appropriate agency
or agencies to administer funds under this heading: Provided
further, That section 204(b)(4) of the Immigration Reform and
Control Act of 1986 is amended by striking the fourth
sentence and inserting the following: ``Funds made available
to a State pursuant to the preceding sentence of this
paragraph shall be utilized by the State to reimburse all
allowable costs within 90 days after a State has received a
reallocation of funds from the Secretary, but in no event
later than July 31, 1995.''.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 70 and concurred
therein with the following amendment:
In lieu of the matter stricken and inserted by said
amendment, insert ``$472,920,000, of which $12,000,000 shall
be for carrying out the National Youth Sports Program:
Provided, That payments from such amount to the grantee and
subgrantees administering the National Youth Sports Program
may not exceed the aggregate amount contributed in cash or in
kind by the grantee and subgrantee: Provided further, That
amounts in excess of $9,400,000 of such amount may not be
made available to the grantee and subgrantees administering
the National Youth Sports Program unless the grantee agrees
to provide contributions in cash to such program in an amount
that equals 29 percent of such excess amount''.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 71 and concurred
therein with the following amendment:
In lieu of the sum proposed by said amendment, insert
``$4,419,888,000''.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate num-
[[Page 1983]]
bered 73 and concurred therein with the following amendment:
In lieu of the sum proposed by said amendment, insert:
``$877,223,000''.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 74 and concurred
therein with the following amendment:
In lieu of the sum proposed by said amendment, insert:
``$91,247,000''.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 81 and concurred
therein with the following amendment:
In lieu of the matter inserted by said amendment, insert:
Sec. 208. Taps and other assessments made by any office
located in the Department of Health and Human Services shall
be treated as a reprogramming of funds except that this
provision shall not apply to assessments required by
authorizing legislation, or related to working capital funds
or other fee-for-service activities.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 83 and concurred
therein with the following amendment:
In lieu of the matter inserted by said amendment, insert:
Sec. 209. Of the funds appropriated or otherwise made
available for the Department of Health and Human Services,
General Departmental Management, for fiscal year 1995, the
Secretary of Health and Human Services shall transfer to the
Office of the Inspector General such sums as may be necessary
for any expenses with respect to the provision of security
protection for the Secretary of Health and Human Services.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 86 and concurred
therein with the following amendment:
In lieu of the matter stricken and inserted by said
amendment, insert: ``enacted into law''.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 87 and concurred
therein with the following amendment:
In lieu of the sum proposed by said amendment, insert:
``$7,232,722,000''.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 88 and concurred
therein with the following amendment:
In lieu of the sum proposed by said amendment, insert:
``$7,214,160,000''.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 90 and concurred
therein with the following amendment:
In lieu of the matter stricken and inserted by said
amendment, insert: ``not less than $39,311,000''.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 93 and concurred
therein with the following amendment:
In lieu of the matter stricken and inserted by said
amendment, insert ``enacted into law''.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 95 and concurred
therein with the following amendment:
In lieu of the matter stricken and inserted by said
amendment, insert: ``8004(f), 9004(f), or the relevant
citation which may be designated in the Act: Provided, That
should the Improving America's Schools Act not be enacted
into law for fiscal year 1995 funds for impact aid shall be
made available under the provisions of Public Laws 81-815 and
81-874 with amounts allocated proportionately and under the
same timeframes as provided in fiscal year 1994''.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 96 and concurred
therein with the following amendment:
In lieu of the matter stricken and inserted by said
amendment, insert ``III, IV, V, VII, VIII, IX, and XV (or
under the comparable citations which may be designated)''.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 97 and concurred
therein with the following amendment:
In lieu of the matter stricken and inserted by said
amendment, insert ``enacted into law''.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 98 and concurred
therein with the following amendment:
In lieu of the sum proposed by said amendment, insert
``$1,564,877,000''.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 99 and concurred
therein with the following amendment:
In lieu of the sum proposed by said amendment, insert
``$1,268,418,000''.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 100 and concurred
therein with the following amendment:
In lieu of the matter stricken and inserted by said
amendment, insert: ``$5,899,000 shall be for law related
education; $12,000,000 shall be for arts education
activities; $28,000,000 shall be for dropout prevention
assistance, if authorized; $4,185,000 shall be for Ellender
Fellowships; $12,000,000 shall be for education for Native
Hawaiians; $10,912,000 shall be for foreign language
assistance, is authorized; and $100,000,000 shall be for new
education infrastructure improvement grants, if authorized''.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 102 and concurred
therein with the following amendment:
In lieu of the matter stricken and inserted by said
amendment, insert: ``enacted into law''.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 103 and concurred
therein with the following amendment:
In lieu of the sum proposed by said amendment, insert
``$245,200,000''.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 104 and concurred
therein with the following amendment:
In lieu of the matter stricken and inserted by said
amendment, insert ``part C or under subpart 3 of part A of
title VII or under the comparable citation which may be
designated by amendments to the authorizing legislation''.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 107 and concurred
therein with the following amendment:
In lieu of the sum proposed by said amendment, insert
``$2,998,812,000''.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 130 and concurred
therein with the following amendment:
In lieu of the matter stricken and inserted by said
amendment, insert ``section 1521 of the Higher Education
Amendments of 1986 as amended by Public Law 103-239, to be
administered by the Secretary of Education, part E of title
XV of the Higher Education Amendments of 1992; and Public Law
102-423, $962,842,000, of which $8,060,000''.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 135 and concurred
therein with the following amendment:
Restore the matter stricken by said amendment, amended to
read as follows: ``$5,000,000, to remain available until
expended, shall be for general construction needs at the
University and $5,500,000, to remain available until
expended, shall be for the establishment of a Law School
Clinical Center to be administered under the same terms and
conditions as the Centers established and funded under Public
Laws 99-88 and 100-517 with not more than $1,000,000 to be
used for construction''.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 138 and concurred
therein with the following amendment:
In lieu of the matter stricken and inserted by said
amendment, insert: ``as amended by the Improving America's
Schools Act as enacted into law; the National Education
Statistics Act of 1994, as enacted into law; the Education
Council Act, as amended; part F of the General Education
Provisions Act; and title VI of Public Law 103-227,
$354,892,000: Provided, That $86,200,000 shall be for
education research of which $41,000,000 shall be for regional
laboratories, including rural initiatives and network
activities, $33,000,000 shall be for research centers, and
$3,200,000 to remain available until expended, shall be for
school finance equalization research; $36,750,000 shall be
for the Fund for the Improvement of Education; $3,000,000
shall be for the international education exchange program;
$750,000 shall be for 21st Century Community Learning
Centers, if authorized; $4,463,000 shall be for civic
education activities; $14,480,000 shall be for the National
Diffusion Network; $36,356,000 shall be for Eisenhower
professional development Federal activities, including not
less than $5,472,000 for the National Clearinghouse for
Science and Mathematics and $15,000,000 for regional
consortia; $2,250,000 shall be for a mathematics
telecommunications demonstration, if authorized; $40,000,000
shall be for education technology activities, if authorized;
and $7,000,000 shall be for Ready to Learn tele-
[[Page 1984]]
vision, including funds to be awarded to the Corporation for
Public Broadcasting in such amounts as the Secretary
determines appropriate
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 139 and concurred
therein with the following amendment:
In lieu of the matter stricken and inserted by said
amendment, insert: ``title II of the Higher Education Act,
$144,161,000, of which $17,792,000 shall be used to carry out
the provisions of title II of the Library Services and
Construction Act and shall remain available until expended;
and $4,916,000 shall be for section 222 and $6,500,000 shall
be for section 223 of the Higher Education Act, of which
$5,000,000 shall be for additional awards for demonstration
of on-line access to statewide, multitype library
bibliographic data bases using fiber optic networks and
$1,500,000 shall be for a demonstration project making
Federal information and other data bases available for public
use by connecting a multisale consortium of public and
private colleges and universities to a public library and an
historic library''.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 144 and concurred
therein with the following amendment:
In lieu of the matter stricken and inserted by said
amendment, insert:
(including recession)
Of the funds made available under this heading in Public
Law 102-394, $7,000,000 are hereby rescinded. For payment to
the Corporation for Public Broadcasting, as authorized by the
Communications Act of 1934, an amount which shall be
available within limitations specified by that Act, for the
fiscal year 1997, $315,000,000: Provided, That no funds made
available to the Corporation for Public Broadcasting by this
Act shall be used to pay for receptions, parties, or similar
forms of entertainment of Government officials or employees:
Provided further, That none of the funds contained in this
paragraph shall be available or used to aid or support any
program or activity from which any person is excluded, or is
denied benefits, or is discriminated against, on the basis of
race, color, national origin, religion, or sex.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 148 and concurred
therein with the following amendment:
In lieu of the matter inserted by said amendment, insert:
``: Provided further, That for fiscal year 1995 only,
nothwithstanding any other provision of law, no portion of
this limitation shall be available for payments of standard
level user charges pursuant to section 210(j) of the Federal
Property and Administrative Services Act of 1949, as amended
(40 U.S.C. 490(j); 45 U.S.C. 231-231u)''.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 153 and concurred
therein with the following amendment:
In lieu of the matter stricken and inserted by said
amendment, insert:
Sec. 511. None of the funds appropriated or otherwise made
available under this Act may be obligated in violation of
existing Federal law or regulation already prohibiting such
benefit or assistance. None of the funds appropriated under
this Act may be used by any Federal official, or any State or
local official to induce undocumented immigrants to apply for
Federal benefits for which such officials know or should know
such undocumented immigrants are not eligible. In no case,
however, shall Federal, State, or local officials be
penalized for efforts to ensure that eligible persons are not
excluded from participation in, denied the benefits of or
subjected to discrimination by any program receiving funds
under this Act, on the grounds of race, color, or national
origin-based traits, including language. Each State agency
and each other entity administering a program under which
verification of immigration status is required by section 121
of the Immigration Reform and Control Act of 1986 shall
participate in the system for the verification of such status
established by the Commissioner of the Immigration and
Naturalization Service pursuant to section 121(c) of that
Act, unless an alternative system is available and employed
for such purposes which is found to meet the criteria for
waiver under section 121(c)(4).
Sec. 512. Notwithstanding any other provision of law,
monthly benefit rates during fiscal year 1995 and thereafter
under part B or part C of the Black Lung Benefits Act shall
continue to be based on the benefit rates in effect in
September, 1994 and be paid in accordance with the Act, until
exceeded by the benefit rate specified in section 412(a)(1)
of the Act.
Sec. 513. No more than one percent of salaries appropriated
for each Agency in this Act may be expended by that Agency on
cash performance awards: Provided, That of the budgetary
resources available to Agencies in this Act for salaries and
expenses during fiscal year 1995, $30,500,000, to be
allocated by the Office of Management and Budget, are
permanently canceled: Provided further, That the foregoing
proviso shall not apply to the Food and Drug Administration
and the Indian Health Service.
Sec. 514. Chapter 51 of title 18, United States Code, is
amended by adding at the end thereof the following new
section:
Sec. 1118. Protection against the Human Immunodeficiency
Virus
(a) In General.--Whoever, after testing positive for the
Human Immunodeficiency Virus (HIV) and receiving actual
notice of that fact, knowingly donates or sells, or knowingly
attempts to donate or sell, blood, semen, tissues, organs, or
other bodily fluids for use by another, except as determined
necessary for medical research or testing, shall be fined or
imprisoned in accordance with subsection (c).
(b) Transmission Not Required.--Transmission of the Human
Immunodeficiency Virus does not have to occur for a person to
be convicted of a violation of this section.
(c) Penalty.--Any person convicted of violating the
provisions of subsection (a) shall be subject to a fine of
not less than $10,000 nor more than $20,000, imprisoned for
not less than 1 year nor more than 10 years, or both.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 154 and concurred
therein with the following amendment:
In lieu of the matter inserted by said amendment, insert:
``Sec. 515. Notwithstanding any other provision of law, (1)
no amount may be transferred from an appropriation account
for the Departments of Labor, Health and Human Services, and
Education except as authorized in this or any subsequent
appropriation act, or in the Act establishing the program or
activity for which funds are contained in this Act:
``(2) no department, agency, or other entity, other than
the one responsible for administering the program or activity
for which an appropriation is made in this Act, may exercise
authority for the timing of the obligation and expenditure of
such appropriation, or for the purposes for which it is
obligated and expended, except to the extent and in the
manner otherwise provided in sections 1512 and 1513 of title
31, United States Code; and
``(3) no funds provided under this or any subsequent
appropriation act shall be available for the salary (or any
part thereof) of an employee who is reassigned on a temporary
detail basis to another position in the employing agency or
department or in any other agency or department, unless the
detail is independently approved by the head of the employing
department or agency.''
On page 55 of the House engrossed bill, H.R. 4606, after
line 3, insert:
``Sec. 305. None of the funds appropriated under this Act
may be used to publish, release, report or finalize the
designation of institutions to be reviewed under subpart 1 of
part H of title IV of the Higher Education Act of 1965, as
amended, until the State postsecondary review entity
responsible for evaluating those institutions has received
the Secretary's approval for its institutional review
standards.''
On page 58, line 19 of the House engrossed bill, H.R. 4606,
strike ``$8,119,000'' and insert in lieu thereof
``$8,519,000''.
On page 43 of the House engrossed bill, H.R. 4606, after
line 14, insert:
``Sec. 210. Of the funds made available under this title,
under the heading Low Income Home Energy Assistance, for
fiscal year 1996, the Secretary shall receive assurances from
States that funds will assist low-income households with
their home energy needs, particularly those with the lowest
incomes that pay a high proportion of household income for
home energy''.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 155 and concurred
therein with the following amendment:
In lieu of the matter inserted by said amendment insert:
TITLE VI--EMERGENCY APPROPRIATIONS
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to the amendment of the Senate numbered 156 and concurred
therein with the following amendment:
In lieu of the matter inserted by said amendment, insert:
DEPARTMENT OF HEALTH AND HUMAN SERVICES
public health and social services emergency fund
For the Public Health and Social Services Emergency Fund to
be used to assist States and local communities in recovering
from the flooding caused by tropical storm Alberto and other
emergencies, $35,000,000 to remain available until expended:
Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent an
official budget request, for a specific dollar amount, that
includes designation of the entire amount of the request as
an emergency requirement, as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985 as amended, is
transmitted by the President to the Congress.
On motion of Mr. SMITH of Iowa, the House receded from its
disagreement to
[[Page 1985]]
the amendment of the Senate numbered 157 and concurred therein with the
following amendment:
In lieu of the matter inserted by said amendment, insert:
TITLE VII--CRIME REDUCTION PROGRAMS
DEPARTMENT OF HEALTH AND HUMAN SERVICES
administration for children and families
children and families services programs
In addition to amounts otherwise appropriated in this Act,
$26,900,000, to be derived from the Violent Crime Reduction
Trust Fund, including $1,000,000 for a domestic violence
hotline as authorized by the Safe Homes for Women Act of 1994
and $25,900,000 for carrying out the Community Schools Youth
Services and Supervision Grant Program Act of 1994.
DEPARTMENT OF EDUCATION
school improvement programs
In addition to amounts otherwise appropriated in this Act,
$11,100,000, to be derived from the Violent Crime Reduction
Trust Fund, for carrying out the Family and Community
Endeavor Schools Act.
A motion to reconsider the votes whereby the foregoing conference
report and motions were agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
Para. 111.7 further message from the senate
A further message from the Senate by Mr. Hallen, one of its clerks,
announced that the Senate had passed without amendment bills and a joint
resolution of the House of the following titles:
H.R. 2144. An Act to provide for the transfer of excess
land to the Government of Guam, and for other purposes;
H.R. 3679. An Act to authorize the Secretary of the
Interior to carry out a program to be known as the Junior
Duck Stamp Conservation and Design Program, and for other
purposes;
H.R. 4647. An Act to direct the Secretary of the Interior
to convey to the City of Imperial Beach, California,
approximately 1 acre of land in the Tijuana Slough National
Wildlife Refuge; and
H.J. Res. 363. Joint resolution to designate October 1994
as ``Crime Prevention Month.''
The message also announced that the Senate agreed to the amendments of
the House to the amendments of the Senate to the bill (H.R. 1779) ``An
Act to designate the facility of the United States Postal Service
located at 401 South Washington Street in Chillicothe, Missouri, as the
`Jerry L. Litton United States Post Office Building'.''
The message also announced that the Senate agreed to the amendment of
the House to the bill (S. 1406) ``An Act to amend the Plant Variety
Protection Act to make such Act consistent with the International
Convention for the Protection of New Varieties of Plants of March 19,
1991, to which the United States is a signatory, and for other
purposes.''
The message also announced that the Senate agreed to the amendments of
the House to the bill (S. 1703) ``An Act to expand the boundaries of the
Piscataway National Park, and for other purposes.''
Para. 111.8 waiving points of order against the conference report on
h.r. 4539
Mr. BEILENSON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 537):
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (H.R. 4539) making appropriations for the Treasury
Department, the United States Postal Service, the Executive
Office of the President, and certain Independent Agencies,
for the fiscal year ending September 30, 1995, and for other
purposes. All points of order against the conference report
and against its consideration are waived. The conference
report shall be considered as read.
When said resolution was considered.
After debate,
On motion of Mr. BEILENSON, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. MFUME, announced that the yeas had it.
Mr. WALKER objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
250
When there appeared
<3-line {>
Nays
169
Para. 111.9 [Roll No. 435]
YEAS--250
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (TX)
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDade
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Michel
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Quillen
Rahall
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Young (AK)
NAYS--169
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Engel
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McHugh
McInnis
McKeon
McMillan
Mica
Miller (FL)
Molinari
Moorhead
Myers
Nussle
Oxley
Packard
Paxon
Penny
Peterson (MN)
Petri
Pombo
Porter
Portman
Pryce (OH)
Quinn
Ramstad
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
[[Page 1986]]
Walsh
Weldon
Wolf
Young (FL)
Zeliff
Zimmer
NOT VOTING--15
Ballenger
Bryant
Cooper
Edwards (CA)
Gallo
Gingrich
Inhofe
Johnson (SD)
McCurdy
Rangel
Ravenel
Slattery
Sundquist
Synar
Washington
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 111.10 treasury and postal service appropriations
Mr. HOYER, pursuant to House Resolution 537, called up the following
conference report (Rept. No. 103-729):
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the Senate to the bill (H.R.
4539) ``making appropriations for the Treasury Department,
the United States Postal Service, the Executive Office of the
President, and certain Independent Agencies, for the fiscal
year ending September 30, 1995, and for other purposes,''
having met, after full and free conference, have agreed to
recommend and do recommend to their respective Houses as
follows:
That the Senate recede from its amendments numbered 6, 8,
11, 15, 21, 26, 30, 35, 40, 49, 65, 69, 75, 76, 84, 85, 86,
88, 93, and 95.
That the House recede from its disagreement to the
amendments of the Senate numbered 5, 7, 9, 12, 18, 19, 20,
23, 27, 28, 31, 32, 33, 37, 38, 39, 41, 46, 47, 48, 56, 57,
59, 62, 64, 67, 74, 83, 89, 90, 91, and 92.
And agree to the same.
Amendment No. 1:
That the House recede from its disagreement to the
amendment of the Senate numbered 1, and agree to the same
with an amendment as follows:
In lieu of the matter stricken and inserted by said
amendment, insert: not to exceed $2,900,000 for official
travel expenses; not to exceed $3,101,000 to remain available
until September 30, 1997, shall be available for information
technology modernization requirements; of which not less than
$6,443,000 and 85 full-time equivalent positions shall be
available for enforcement activities; not to exceed $150,000
for official reception and representation expenses; ; and the
Senate agree to the same.
Amendment No. 2:
That the House recede from its disagreement to the
amendment of the Senate numbered 2, and agree to the same
with an amendment as follows:
Restore the matter stricken by said amendment, amended to
read as follows: $104,479,000: Provided, That of the
offsetting collections credited to this account, $79,000 are
permanently canceled; and the Senate agree to the same.
Amendment No. 3:
That the House recede from its disagreement to the
amendment of the Senate numbered 3, and agree to the same
with an amendment as follows:
In lieu of the sum named in said amendment, insert:
$29,700,000; and the Senate agree to the same.
Amendment No. 4:
That the House recede from its disagreement to the
amendment of the Senate numbered 4, and agree to the same
with an amendment as follows:
In lieu of the matter proposed in said amendment, insert:
$19,823,000: Provided, That of the offsetting collections
credited to this account, $1,000 are permanently canceled;
and the Senate agree to the same.
Amendment No. 10:
That the House recede from its disagreement to the
amendment of the Senate numbered 10, and agree to the same
with an amendment as follows:
In lieu of the sum named in said amendment, insert:
$183,889,000; and the Senate agree to the same.
Amendment No. 13:
That the House recede from its disagreement to the
amendment of the Senate numbered 13, and agree to the same
with an amendment as follows:
In lieu of the sum named in said amendment, insert: :
Provided further, That of the offsetting collections credited
to this account, $4,000 are permanently canceled: Provided
further, That funds made available shall be used to achieve a
minimum staffing level of 4,215 full-time equivalent
positions during fiscal year 1995; and the Senate agree to
the same.
Amendment No. 14:
That the House recede from its disagreement to the
amendment of the Senate numbered 14, and agree to the same
with an amendment as follows:
In lieu of the sum named in said amendment, insert:
$1,394,793,000; and the Senate agree to the same.
Amendment No. 16:
That the House recede from its disagreement to the
amendment of the Senate numbered 16, and agree to the same
with an amendment as follows:
In lieu of the sum named in said amendment, insert: :
Provided further, That Customs shall achieve a minimum full-
time equivalent staffing level of 17,524 during fiscal year
1995: Provided further, That $500,000 shall remain available
until expended for the construction of a replacement fence
within the city limits of Nogales, Arizona under that
authority of section 9, title 19, United States Code; and the
Senate agree to the same.
Amendment No. 17:
That the House recede from its disagreement to the
amendment of the Senate numbered 17, and agree to the same
with an amendment as follows:
In lieu of the sum named in said amendment, insert:
$89,041,000; and the Senate agree to the same.
Amendment No. 22:
That the House recede from its disagreement to the
amendment of the Senate numbered 22, and agree to the same
with an amendment as follows:
In lieu of the matter stricken and inserted by said
amendment, insert: $1,511,266,000, of which $3,700,000; and
the Senate agree to the same.
Amendment No. 24:
That the House recede from its disagreement to the
amendment of the Senate numbered 24, and agree to the same
with an amendment as follows:
In lieu of the matter proposed by said amendment, insert:
for research: Provided further, That $405,000,000 of the
$426,300,000 made available for the fiscal year 1995 tax
compliance initiative shall not be expended for any other
purposes: Provided further, That no funds shall be
transferred from this account during fiscal year 1995; and
the Senate agree to the same.
Amendment No. 25:
That the House recede from its disagreement to the
amendment of the Senate numbered 25, and agree to the same
with an amendment as follows:
In lieu of the matter stricken and inserted by said
amendment, insert: $1,388,000,000 of which no less than
$650,000,000 shall be available for tax systems
modernization, of which up to $185,000,000 for tax and
information systems development projects; and the Senate
agree to the same.
Amendment No. 29:
That the House recede from its disagreement to the
amendment of the Senate numbered 29, and agree to the same
with an amendment as follows:
In lieu of the matter proposed by said amendment, insert:
Sec. 3. The Secretary of the Treasury may establish new
fees or raise existing fees for services provided by the
Interal Revenue Service to increase receipts, where such fees
are authorized by another law. The Secretary of the Treasury
may spend the new or increased fee receipts to supplement
appropriations made available to the Internal Revenue Service
appropriations accounts in fiscal years 1995 and thereafter:
Provided, That the Secretary shall base such fees on the
costs of providing specified services to persons paying such
fees: Provided further, That the Secretary shall provide
quarterly reports to the Congress on the collection of such
fees and how they are being expended by the Service.
Amendment No. 34:
That the House recede from its disagreement to the
amendment of the Senate numbered 34, and agree to the same
with an amendment as follows:
In lieu of the matter proposed by said amendment, insert:
Sec. 113. (a) The Director of the United States Secret
Service shall direct and apply appropriate agency personnel
and resources for the purpose of conducting a security survey
of the Bureau of Engraving and Printing.
(b) Such security survey shall include a review of all
general security provisions, including:
(1) The security and safeguarding of currency;
(2) Personnel screening and employee background check
procedures;
(3) Access control and identification procedures;
(4) The security and safeguarding of currency materials,
supplies and related items; and
(5) Other security areas of concern as deemed relevant and
appropriate by the agency.
(c) The Bureau of Engraving and Printing and the Federal
agencies which participated in any investigations or arrest
of person(s) for theft or currency from the Bureau of
Engraving and Printing are directed to--
(1) provide any assistance and cooperation to the United
States Secret Service for the purpose of the security survey;
(2) provide Secret Service personnel, in accordance with
all laws, with access to person(s) arrested in connection
with theft or removal of currency from the Bureau of
Engraving and Printing; and
(3) provide access to all relevant investigative reports
and materials: Provided, That access to such persons is
approved by the appropriate United States Attorney.
(d) The Director of the United States Secret Service shall
provide a preliminary report to the Congress no later than 90
days from the date of enactment of this Act, and a final
report containing specific findings and recommendations to
the Congress within 180 days of enactment of this Act.
And the Senate agree to the same.
Amendment No. 36:
That the House recede from its disagreement to the
amendment of the Senate numbered 36, and agree to the same
with an amendment as follows:
In lieu of the sum named in said amendment, insert:
$92,317,000; and the Senate agree to the same.
Amendment No. 42:
That the House recede from its disagreement to the
amendment of the Senate numbered 42, and agree to the same
with an amendment as follows:
In lieu of the sum named in said amendment, insert:
$57,754,000; and the Senate agree to the same.
Amendment No. 43:
That the House recede from its disagreement to the
amendment of the Senate numbered 43, and agree to the same
with an amendment as follows:
[[Page 1987]]
In lieu of the sum named in said amendment, insert:
$52,000,000; and the Senate agree to the same.
Amendment No. 44:
That the House recede from its disagreement to the
amendment of the Senate numbered 44, and agree to the same
with an amendment as follows:
In lieu of the matter proposed by said amendment, insert: :
Provided, That an additional $9,000,000 shall be made
available for drug control activities in Puerto Rico and the
U.S. Virgin Islands only if the Director of the Office of
National Drug Control Policy designates such area as a High
Intensity Drug Trafficking Area: Provided further, that the
funds made available under this head shall be obligated
within 90 days of the date of enactment of this Act; and the
Senate agree to the same.
Amendment No. 45:
That the House recede from its disagreement to the
amendment of the Senate numbered 45, and agree to the same
with an amendment as follows:
In lieu of the matter stricken and inserted by said
amendment, insert: $41,900,000, which shall be derived from
deposits in the Special Forfeiture Fund; of which $1,800,000
shall be transferred to the Drug Enforcement Administration
for the El Paso Intelligence Center; of which $15,000,000
shall be available to the Director of the Office of National
Drug Control Policy for enhancing anti-drug control
activities, upon the advance approval of the House and Senate
Committees on Appropriations; of which $3,100,000 shall be
available to the Director of the Office of National Drug
Control Policy for ballistics technologies, upon the advance
approval of the House and Senate Committees on
Appropriations; of which $14,000,000 shall be transferred to
the Substance Abuse and Mental Health Services
Administration, and of which $10,000,000 shall be available
to the Center for Substance Abuse Treatment for the
residential women and children's program, and of which
$4,000,000 shall be available to the Center for Substance
Abuse Treatment for community drug treatment programs; of
which $8,000,000 ; and the Senate agree to the same.
Amendment No. 50:
That the House recede from its disagreement to the
amendment of the Senate numbered 50, and agree to the same
with an amendment as follows:
In lieu of the sum named in said amendment, insert:
$466,917,000; and the Senate agree to the same.
Amendment No. 51:
That the House recede from its disagreement to the
amendment of the Senate numbered 51, and agree to the same
with an amendment as follows:
In lieu of the sum named in said amendment, insert:
$5,082,998,000; and the Senate agree to the same.
Amendment No. 52:
That the House recede from its disagreement to the
amendment of the Senate numbered 52, and agree to the same
with an amendment as follows:
In lieu of the sum named in said amendment, insert:
$736,233,000; and the Senate agree to the same.
Amendment No. 53:
That the House recede from its disagreement to the
amendment of the Senate numbered 53, and agree to the same
with an amendment as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
Alabama:
Montgomery, U.S. Courthouse Annex, $40,547,000
Arizona:
Bullhead City, A grant to the Federal Aviation
Administration for a runway protection zone, $2,200,000
Tucson, a grant to the Arizona Historical Documents
Education Foundation, $2,000,000
Tucson, U.S. Courthouse, $92,708,000
California:
Santa Ana, U.S. Courthouse $25,193,000
Colorado:
Lakewood, U.S. Geological Survey Laboratory/Building,
$25,802,000
Florida:
Jacksonville, U.S. Courthouse, $4,600,000
Orlando, U.S. Courthouse Annex, $7,261,000
Georgia:
Albany, U.S. Courthouse, $5,640,000
Savannah, U.S. Courthouse Annex, $5,262,000
Hawaii:
Consolidation, University of Hawaii-Hilo, $12,000,000
Kentucky:
Covington, U.S. Courthouse, $2,914,000
London, U.S. Courthouse, $1,523,000
Louisiana:
Lafayette, U.S. Courthouse, $5,042,000
Maryland:
Beltsville, Secret Service Building, $2,400,000
Montgomery and Prince Georges Counties, Food and Drug
Administration (FDA) consolidation, $50,000,000, of which
$5,000,000 shall be available to the Food and Drug
Administration for payment to any entity selected by the FDA
to provide for office and laboratory space and such equipment
and facilities as are necessary for seafood research
Beltsville, a transfer to the Rowley Secret Service
Training Center, $5,000,000
Missouri:
Kansas City, Federal Building and U.S. Courthouse,
$84,895,000
St. Louis, Federal Building and U.S. Courthouse,
$176,863,000
Montana:
Babb, Border Station, $333,000
New Mexico:
Albuquerque, U.S. Courthouse, $46,342,000
New York:
Long Island, U.S. Courthouse, $28,200,000
Nevada:
Las Vegas, U.S. Courthouse, $4,230,000
North Dakota:
Pembina, Border Station, $11,113,000
Ohio:
Cleveland, U.S. Courthouse, $28,246,000
Steubenville, U.S. Courthouse, $2,820,000
Pennsylvania:
Erie, U.S. Courts Complex, $3,135,000
Tennessee:
Greeneville, U.S. Courthouse, $2,936,000
Texas:
Austin, Veterans Affairs Annex, $1,430,000
Browsville, Federal Building and U.S. Courthouse,
$5,980,000
Corpus Christi, U.S. Courthouse, $6,446,000
El Paso, Federal Office Building, Claim, $327,000
Laredo, Federal Building and U.S. Courthouse, $24,341,000
Virginia:
Charlottesville, U.S. Army Foreign Science and Technology
Center, $4,178,000
Washington:
Blaine, Border Station, $4,472,000
Oroville, Border Station, $1,483,000
Point Roberts, Border Station, $698,000
West Virginia:
Martinsburg, Internal Revenue Service Computer Center,
$7,547,000; and the Senate agree to the same.
Amendment No. 54:
That the House recede from its disagreement to the
amendment of the Senate numbered 54, and agree to the same
with an amendment as follows:
In lieu of the sum named in said amendment, insert:
$736,709,000; and the Senate agree to the same.
Amendment No. 55:
That the House recede from its disagreement to the
amendment of the Senate numbered 55, and agree to the same
with an amendment as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
California:
Los Angeles, U.S. Courthouse, $23,640,000
Menlo Park, U.S. Geological Survey Building #3, $7,242,000
Sacramento, Federal Building, $15,727,000
San Pedro, Custom House, $5,153,000
Colorado:
Denver, Federal Building and Custom House, $8,442,000
District of Columbia:
Ariel Rios, Facades, $3,745,000
Customs/ICC/Connecting Wing Complex, (phase I), $9,169,000
National Courts, $4,354,000
Illinois:
Chicago, Federal Center, $50,279,000
Maryland:
Baltimore, George H. Fallon Federal Building (phase 3),
$16,302,000
Woodlawn, SSA East High-Low Buildings, $18,233,000
New Jersey:
Trenton, Clarkson S. Fisher Courthouse, $14,875,000
New York:
Holtsville, IRS Service Center, $20,227,000
New York, Jacob K. Javits Federal Building, $2,744,000
New York, Silvio V. Mollo Federal Building, $958,000
North Carolina:
Asheville, Federal Building and U.S. Courthouse, $6,692,000
Ohio:
Cleveland, Anthony J. Celebreeze Federal Building,
$11,570,000
Oklahoma:
Oklahoma City, Alfred P. Murrah Federal Building,
$5,578,000
Pennsylvania:
Harrisburg, Federal Building and U.S. Courthouse,
$16,041,000
Philadelphia, Byrne-Green Complex, $32,294,000
Philadelphia, R.N.C. Nix, Sr., Federal Building and U.S.
Courthouse (phase 3), $13,979,000
Rhode Island:
Providence, Kennedy Plaza Federal Courthouse, $8,161,000
Texas:
Lubbock, Federal Building and U.S. Courthouse, $12,829,000
Virginia:
Richmond, U.S. Courthouse and Annex, $13,190,000
Washington:
Walla Walla, Corps of Engineers Building, $2,814,000
Nationwide:
Chlorofluorocarbons Program, $90,035,000
Energy Program, $45,723,000
Advance Design, $19,515,000
Minor Repairs and Alterations, $257,198,000;
And the Senate agree to the same.
Amendment No. 58:
That the House recede from its disagreement to the
amendment of the Senate numbered 58, and agree to the same
with an amendment as follows:
Restore the matter stricken by said amendment, amended to
read as follows: of which $3,400,000 shall be available for
essential functional requirements for primary structural,
electrical, and security systems of the Bureau of Census, New
Computer Center; Provided further, That of the funds
available to the General Services Administration for the U.S.
Courthouse in Albany, Georgia; the Federal building
consolidation in Hilo, Hawaii; the U.S. Courthouse in
Covington, Kentucky; the U.S. Courthouse, London, Kentucky;
the Secret Service building, Beltsville, Maryland; the U.S.
Courthouse, Albuquerque, New Mexico; the U.S. Courthouse,
Long Island, New York; the U.S. Courthouse, Las Vegas,
Nevada; the U.S. Courthouse, Jacksonville, Florida; the U.S.
Courthouse, Corpus Christi, Texas; the U.S. Courthouse,
Stuebenville, Ohio; the U.S. Courthouse, Greeneville,
Tennessee; the Kennedy Plaza Fed-
[[Page 1988]]
eral Courthouse, Providence, Rhode Island; the Corps of
Engineers building, Walla Walla, Washington; and the
construction funds only for the U.S. Courthouse, Tucson,
Arizona; shall not be available for expenses in connection
with any construction, repair, alteration, and acquisition
project for which a prospectus, if required by the Public
Buildings Act of 1959, as amended, has not been approved,
except that necessary funds may be expended for each project
for required expenses in connection with the development of a
proposed prospectus; Provided further, That not to exceed
$5,000,000 of the funds appropriated for the Food and Drug
Administration consolidation may be used for necessary
infrastructure improvements: Provided further, That of the
$6,000,000 made available in Public laws 102-93 and 103-123
for the acquisition, lease, construction and equipping of
flexiplace work telecommuting centers, not to exceed
$1,300,000 shall be available for payment to a public entity
in the State of Maryland to provide facilities, equipment and
other services to the General Services Administration for
purposes of establishing telecommuting work centers in
Southern Maryland (Waldorf, Prince Frederick, and St. Mary's
County) for use by governmental agencies designated by the
Administrator of General Services; and the Senate agree to
the same.
Amendment No. 60:
That the House recede from its disagreement to the
amendment of the Senate numbered 60, and agree to the same
with an amendment as follows:
In lieu of the sum named in said amendment, insert:
$5,082,998,000; and the Senate agree to the same.
Amendment No. 61:
That the House recede from its disagreement to the
amendment of the Senate numbered 61, and agree to the same
with an amendment as follows:
In lieu of the matter stricken and inserted by said
amendment, insert: Of the funds made available under this
heading in Public Law 100-440, Public Law 101-136, Public Law
101-509, Public Law 102-141, Public Law 102-393, and Public
Law 103-123, $78,076,000 are rescinded from the following
projects in the following amounts:
California:
Menlo Park, U.S. Geological Survey Office and Laboratory
Buildings, $783,000
District of Columbia:
United States Secret Service, Headquarters, $13,958,000
White House Remote Delivery and Vehicle Maintenance
Facility, $4,918,000
Federal Bureau of Investigation, Field Office, $4,419,000
Federal Office Building No. 6, $8,583,000
Florida:
Ft. Myers, U.S. Courthouse, $654,000
Hollywood, Federal Building, $1,000,000
Lakeland, Federal Building, $4,400,000
Indiana:
Hammond, U.S. Courthouse, $2,500,000
Iowa:
Burlington, Parking Facility, $2,400,000
Maryland:
Bowie, Bureau of Census, Computer Center, $660,000
New Carrollton, Internal Revenue Service, Headquarters,
$30,100,000
New Hampshire:
Concord, U.S. Courthouse, $867,000
New Jersey:
Newark, Federal Building, 20 Washington Plaza, $327,000
Tennessee:
Knoxville, U.S. Courthouse, $800,000
Texas:
Del Rio, Border Station, $1,707,000.
And the Senate agree to the same.
Amendment No. 63:
That the House recede from its disagreement to the
amendment of the Senate numbered 63, and agree to the same
with an amendment as follows:
In lieu of the matter stricken and inserted by said
amendment, insert: $130,036,000: Provided, That of the
offsetting collections credited to this account, $172,000 are
permanently canceled: Provided further, That no less than
$825,000 shall be available for personnel and associated
costs in support of Congressional District and Senate State
offices without reimbursement from these offices.; and the
Senate agree to the same.
Amendment No. 66:
That the House recede from its disagreement to the
amendment of the Senate numbered 66, and agree to the same
with an amendment as follows:
In lieu of the sum named in said amendment, insert:
$2,250,000; and the Senate agree to the same.
Amendment No. 68:
That the House recede from its disagreement to the
amendment of the Senate numbered 68, and agree to the same
with an amendment as follows:
In lieu of the matter stricken and inserted by said
amendment, insert: $195,238,000; and the Senate agree to the
same.
Amendment No. 70:
That the House recede from its disagreement to the
amendment of the Senate numbered 70, and agree to the same
with an amendment as follows:
Restore the matter stricken by said amendment, amended to
read as follows:
National Historical Publications and Records Commission
For necessary expenses for allocations and grants for
historical publications and records as authorized by 44
U.S.C. 2504, as amended, $9,000,000 to remain available until
expended: Provided, That $2,000,000 shall be a grant to the
Thomas P. O'Neill, Jr. Library: Provided further, That
$2,000,000 shall be a grant to the Robert H. and Corrine W.
Michael Congressional Education Fund.
And the Senate agree to the same.
Amendment No. 71:
That the House recede from its disagreement to the
amendment of the Senate numbered 71, and agree to the same
with an amendment as follows:
Restore the matter stricken by said amendment, amended to
read as follows:
John F. Kennedy Assassination Records Review Board
SALARIES AND EXPENSES
For necessary expenses to carry out the John F. Kennedy
Assassination Records Collection Act of 1992, $2,150,000 to
remain available until expended.
And the Senate agree to the same.
Amendment No. 72:
That the House recede from its disagreement to the
amendment of the Senate numbered 72, and agree to the same
with an amendment as follows:
In lieu of the matter stricken and inserted by said
amendment, insert: $115,139,000, of which not to exceed
$1,000,000 shall be made available for the establishment of
health promotion and disease prevention programs for Federal
employees, and in addition $93,934,000; and the Senate agree
to the same.
Amendment No. 73:
That the House recede from its disagreement to the
amendment of the Senate numbered 73, and agree to the same
with an amendment as follows:
In lieu of the sum named in said amendment, insert:
$34,039,000; and the Senate agree to the same.
Amendment No. 77:
That the House recede from its disagreement to the
amendment of the Senate numbered 77, and agree to the same
with an amendment as follows:
Restore the matter stricken by said amendment, amended to
read as follows:
Sec. 527. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 1995 from appropriations
made available for salaries and expenses for fiscal year 1995
in this Act, shall remain available through September 30,
1996 for each such account for the purposes authorized:
Provided, That a request shall be submitted to the House and
Senate Committees on Appropriations for approval prior to the
expenditure of such funds.
And the Senate agree to the same.
Amendment No. 78:
That the House recede from its disagreement to the
amendment of the Senate numbered 78, and agree to the same
with an amendment as follows:
In lieu of the first section number named in said
amendment, insert: 528; and the Senate agree to the same.
Amendment No. 79:
That the House recede from its disagreement to the
amendment of the Senate numbered 79, and agree to the same
with an amendment as follows:
In lieu of the matter proposed by said amendment, insert:
Sec. 529. Law Enforcement Exclusion From Workforce
Restructuring.
(a) For the fiscal year beginning on October 1, 1994, no
reductions pursuant to Section 5(b) of the Federal Workforce
Restructuring Act of 1994 (Public Law 103-226) may be made in
the number of full-time equivalent employees classified as
law enforcement and law enforcement support personnel in the
Department of Treasury.
(b) During the period specified in subsection (a), no law,
regulation, Executive Order, guidance, or other directive
imposing a restriction on hiring by executive agencies for
the purpose of achieving workforce reductions shall apply to
employees classified as law enforcement and law enforcement
support personnel in the Department of the Treasury.
(c) Section 5(f) Paragraph (3) of the Federal Workforce
Restructuring Act shall not apply with respect to any
instances of voluntary separation incentive payments made to
Treasury law enforcement personnel.
And the Senate agree to the same.
Amendment No. 80:
That the House recede from its disagreement to the
amendment of the Senate numbered 80, and agree to the same
with an amendment as follows:
In lieu of the first section number named in said
amendment, insert: 530; and the Senate agree to the same.
Amendment No. 81:
That the House recede from its disagreement to the
amendment of the Senate numbered 81, and agree to the same
with an amendment as follows:
In lieu of the first section number named in said
amendment, insert: 531; and the Senate agree to the same.
Amendment No. 82:
That the House recede from its disagreement to the
amendment of the Senate numbered 82, and agree to the same
with an amendment as follows:
In lieu of the matter proposed by said amendment, insert:
Sec. 532. Section 1 under the subheading ``General
Provision'' under the heading ``Office of Personnel
Management'' under title IV of the Treasury, Postal Service
and General Government Appropriations Act, 1992 (Public Law
102-141; 105 Stat. 861; 5 U.S.C. 5941 note), as amended--
(1) by striking ``1995'' both places it appears and
inserting in lieu thereof ``1996''; and
(2) by striking ``adjustments'' and the remainder of the
sentence and inserting in lieu thereof ``appropriate changes
in the method of fixing compensation for affected employees,
including any necessary legislative changes. Such study shall
include--
``(1) an examination of the pay practices of other
employers in the affected areas;
[[Page 1989]]
``(2) a consideration of alternative approaches to dealing
with the unusual and unique circumstances of the affected
areas, including modifications to the current methodology for
calculating allowances to take into account all cost of
living in the geographic areas of the affected employee; and
``(3) and evaluation of the likely impact of the different
approaches on the Government's ability to recruit and retain
a well-qualified workforce.
For the purpose of conducting such study and preparing such
report, the Office may accept and utilize (without regard to
any restriction on unanticipated travel expenses imposed in
an Appropriations Act) funds made available to the Office
pursuant to court approval.''.
Sec. 533. (a) Facilities or buildings located at Safford,
Graham County, Arizona and constructed with Federal funds
made available to the General Services Administration for the
United States Forest Service Administrative Offices and
Cultural Center, shall be designated in honor of ``Ora
Webster DeConcini''. Any reference to such facilities or
buildings in a law, map, regulation, document, record, or
other paper of the United States shall be a reference to the
``Ora Webster DeConcini'' building(s) or facilities''.
(b) The Federal Building and United States Courthouse to be
located in Tucson, Arizona is hereby designated as the ``Evo
A. DeConcini Federal Building and United States Courthouse''.
Any reference to such building in a law, map, regulation,
document, record, or other paper of the United States shall
be a reference to the ``Evo A. DeConcini Federal Building and
United States Courthouse''.
Sec. 534. Notwithstanding any other provision of law, the
Administrator of General Services is authorized to execute a
lease, of no less than twenty years, with the City of Tucson,
Arizona, or a subdivision thereof, for space to house the
United States Department of Agriculture's Forest Service and
other Federal tenants in an office complex to be developed by
the City of Tucson on a site or sites owned by the City of
Tucson and located near the intersection of Interstate
Highway 10 and Congress Street in the City of Tucson, County
of Pima, State of Arizona. The Administrator shall negotiate
an operating lease that he deems to be in the best interests
of the United States and necessary for the accommodation of
Federal agencies.
Sec. 535. Notwithstanding any other provision of law or
regulation: (1) The authority of the special police officers
of the Bureau of Engraving and Printing, in the Washington,
D.C. Metropolitan area, extends to buildings and land under
the custody and control of the Bureau; to buildings and land
acquired by or for the Bureau through lease, unless otherwise
provided by the acquisition agency; to the streets, sidewalks
and open areas immediately adjacent to the Bureau along
Wallenberg Place (15th Street) and 14th Street between
Independence and Maine Avenues and C and D Streets between
12th and 14th Streets; to areas which include surrounding
parking facilities used by Bureau employees, including the
lots at 12th and C Streets, S.W., Maine Avenue and Water
Streets, S.W., Maiden Lane, the Tidal Basin and East Potomac
Park; to the protection in transit of United States
securities, plates and dies used in the production of United
States securities, or other products or implements of the
Bureau of Engraving and Printing which the Director of that
agency so designates; (2) The exercise of police authority by
Bureau officers, with the exception of the exercise of
authority upon property under the custody and control of the
Bureau, shall be deemed supplementary to the Federal police
force with primary jurisdictional responsibility. This
authority shall be in addition to any other law enforcement
authority which has been provided to these officers under
other provisions of law or regulations.
Sec. 536. Of the unobligated balance of funds made
available until expended to the United States Mint in Public
Law 103-123 and in prior appropriations acts, not to exceed
$2,066,000 shall also be available in the fiscal year ending
September 30, 1994 for all purposes for which funds are
appropriated under the heading ``United States Mint, Salaries
and expenses.''
Sec. 537. Of the funds appropriated to the Office of Policy
Development in Title III of this Act, not to exceed $800,000
may be transferred to the head, ``Council on Environmental
Quality and Office of Environmental Development.''
Sec. 538. Notwithstanding any other provision of this Act,
the Internal Revenue Service is authorized to replace no more
than 850 vehicles for the criminal investigation division in
fiscal year 1995.
Sec. 539. The activity referenced in section 5 of GSA's
General Provisions in Public Law 103-123 (107 Stat. 1246)
``Major equipment acquisitions and development activity'' of
the Salaries and Expenses, General Management and
Administration appropriation account for transfer of prior
year unobligated balances of operating expenses and salaries
and expenses appropriation accounts may be separately
accounted for under the new Working Capital Fund enacted in
this Act.
Sec. 540. Notwithstanding any other provision of law, the
review being conducted by the Secretary of the Treasury
regarding the September 12, 1994 air incursion into the White
House complex shall be exempt from the Federal Advisory
Committee Act, Public Law 92-463 (codified at Title 5, United
States Code, Appendix 2) as amended.
Sec. 541. Section 1(a)(1) of Public Law 101-509 is
amended--
(a) by deleting subsection (a)(1) and inserting in lieu
thereof the following:
``(a)(1) The Director of the Center for Legislative
Archives within the National Archives and Records
Administration shall be established without regard to chapter
51 title 5 and shall be paid at a rate determined without
regard to the provisions of chapter 51 and subchapter III of
chapter 53 of title 5 governing General Schedule
Classification and pay rates: Provided, That such pay shall
be no less than 120 percent of the rate of pay for GS-15,
step 1 of the General Schedule nor more than the rate of pay
in effect for level one of the Senior Executive Schedule.
And the Senate agree to the same.
Amendment No. 87:
That the House recede from its disagreement to the
amendment of the Senate numbered 87, and agree to the same
with an amendment as follows:
Restore the matter stricken by said amendment, amended to
read as follows:
Sec. 630. (a)(1) The adjustment in rates of basic pay for
the statutory pay systems that takes effect in fiscal year
1995 under section 5303 of title 5, United States Code, shall
be an increase of 2 percent.
(2) For purposes of each provision of law amended by
section 704(a)(2) of the Ethics Reform Act of 1989 (5 U.S.C.
5318 note), no adjustment under section 5303 of title 5,
United States Code, shall be considered to have taken effect
in fiscal year 1995 in the rates of basic pay for the
statutory pay systems.
(3) For purposes of this subsection, the term ``statutory
pay system'' shall have the meaning given such term by
section 5302 (1) of title 5, United States Code.
(b) For purposes of any locality-based comparability
payments taking effect in fiscal year 1995 under subchapter I
of chapter 53 of title 5, United States Code (whether by
adjustment or otherwise), section 5304(a) of such title shall
be deemed to be without force or effect.
(c) Notwithstanding section 5304(a)(3)(B) of title 5,
United States Code, the annualized cost of pay adjustments
made under section 5304 of such title in calendar year 1995
shall be equal to 0.6 percent of the estimated aggregate
fiscal year 1995 executive branch civilian payroll--
(1) as determined by the pay agent (within the meaning of
section 5302 of such title); and
(2) determined as if the rates of pay and comparability
payments payable on September 30, 1994, had remained in
effect.
And the Senate agree to the same.
Amendment No. 94
That the House recede from its disagreement to the
amendment of the Senate numbered 94, and agree to the same
with an amendment as follows:
In lieu of the matter proposed by said amendment, insert:
SEC. 633. LAW ENFORCEMENT AVAILABILITY PAY.
(a) Short Title.--This section may be cited as the ``Law
Enforcement Availability Pay Act of 1994''.
(b) Law Enforcement Availability Pay.--
(1) In general.--Chapter 55 of title 5, United States Code,
is amended by inserting after section 5545 the following new
section:
``Sec. 5545a. Availability pay for criminal investigators
``(a) For purposes of this section--
``(1) the term `available' refers to the availability of a
criminal investigator and means that an investigator shall be
considered generally and reasonably accessible by the agency
employing such investigator to perform unscheduled duty based
on the needs of an agency;
``(2) the term `criminal investigator' means a law
enforcement officer as defined under section 5541(3) (other
than an officer occupying a position under Title II of Public
Law 99-399) also is required to--
``(A) possess a knowledge of investigative techniques, laws
of evidence, rules of criminal procedure, and precedent court
decisions concerning admissibility of evidence,
constitutional rights, search and seizure, and related
issues;
``(B) recognize, develop, and present evidence that
reconstructs events, sequences and time elements for
presentation in various legal hearing and court proceedings;
``(C) demonstrate skills in applying surveillance
techniques, undercover work, and advising and assisting the
United States Attorney in and out of court;
``(D) demonstrate the ability to apply the full range of
knowledge, skills, and abilities necessary for cases which
are complex and unfold over a long period of time (as
distinguished from certain other occupations that require the
use of some investigative techniques in short-term situations
that may end in arrest or detention);
``(E) possess knowledge of criminal laws and Federal rules
of procedure which apply to cases involving crimes against
the United States, including--
``(i) knowledge of the elements of a crime;
``(ii) evidence required to prove the crime;
``(iii) decisions involving arrest authority;
``(iv) methods of criminal operations; and
``(v) availability of detection devices; and
``(F) possess the ability to follow leads that indicate a
crime will be committed rather than initiate an investigation
after a crime is committed;
``(3) the term `unscheduled duty' means hours of duty a
criminal investigator works, or is determined to be available
for work, that are not--
``(A) part of the 40 hours in the basic work week of the
investigator; or
``(B) overtime hours paid under section 5542; and
``(4) the term `regular work day' means each day in the
investigator's basic work week during which the investigator
works at least 4 hours that are not overtime hours paid under
section 5542 or hours considered part of section 5545a.
``(b) The purpose of this section is to provide premium pay
to criminal investigators to ensure the availability of
criminal investigators for unscheduled duty in excess of a 40
hour work week based on the needs of the employing agency.
``(c) Each criminal investigator shall be paid availability
pay as provided under this section. Availability pay shall be
paid to ensure the availability of the investigator for
unscheduled duty. The investigator is generally responsible
for recognizing, without supervision, cir-
[[Page 1990]]
cumstances which require the investigator to be on duty or be
available for unscheduled duty based on the needs of the
agency. Availability pay provided to a criminal investigator
for such unscheduled duty shall be paid instead of premium
pay provided by other provisions of this subchapter, except
premium pay for regularly scheduled overtime work as provided
under section 5542, night duty, Sunday duty, and holiday
duty.
``(d)(1) A criminal investigator shall be paid availability
pay, if the average of hours described under paragraph (2)
(A) and (B) is equal to or greater than 2 hours.
``(2) The hours referred to under paragraph (1) are--
``(A) the annual average of unscheduled duty hours worked
by the investigator in excess of each regular work day; and
``(B) the annual average of unscheduled duty hours such
investigator is available to work on each regular work day
upon request of the employing agency.
``(3) Unscheduled duty hours which are worked by an
investigator on days that are not regular work days shall be
considered in the calculation of the annual average of
unscheduled duty hours worked or available for purposes of
certification.
``(4) An investigator shall be considered to be available
when the investigator cannot reasonably and generally be
accessible due to a status or assignment which is the result
of an agency direction, order, or approval as provided under
subsection (f)(1).
``(e)(1) Each criminal investigator receiving availability
pay under this section and the appropriate supervisory
officer, to be designated by the head of the agency, shall
make an annual certification to the head of the agency that
the investigator has met, and is expected to meet, the
requirements of subsection (d). The head of a law enforcement
agency may prescribe regulations necessary to administer this
subsection.
``(2) Involuntary reduction in pay resulting from a denial
of certification under paragraph (1) shall be a reduction in
pay for purposes of section 7512(4) of this title.
``(f)(1) A criminal investigator who is eligible for
availability pay shall receive such pay during any period
such investigator is--
``(A) attending agency sanctioned training;
``(B) on agency approved sick leave or annual leave;
``(C) on agency ordered travel status; or
``(D) on excused absence with pay for relocation purposes.
``(2) Notwithstanding (1)(A), agencies or departments may
provide availability pay to investigators during training
which is considered initial, basic training usually provided
in the first year of service.
``(3) Agencies or departments may provide availability pay
to investigators when on excused absence with pay, except as
provided in paragraph (1)(D).
``(g) Section 5545(c) shall not apply to any criminal
investigator who is paid availability pay under this section.
``(h) Availability pay under this section shall be--
``(1) 25 percent of the rate of basic pay for the position;
and
``(2) treated as part of basic pay for purposes of--
``(A) sections 5595(c), 8114(e), 8331(3), 8431, and
8704(c); and
``(B) such other purposes as may be expressly provided for
by law or as the Office of Personnel Management may by
regulation prescribe.''.
(2) Limitation on Premium Pay.--Section 5547(a) of title 5,
United States Code, is amended in the first sentence by
inserting ``5545a,'' after ``5545(a), (b), and (c),''.
(3) Technical and Conforming Amendment.--The table of
sections for chapter 55 of title 5, United States Code, is
amended by inserting after the item relating to section 5545
the following new item:
``5545a. Availability Pay for Criminal Investigators.''.
(c) Computation of Overtime Rates.--Section 5542 of title
5, United States Code, is amended by adding at the end
thereof the following new subsection:
``(d) In applying subsection (a) of this section with
respect to any criminal investigator who is paid availability
pay under section 5545a--
``(1) such investigator shall be compensated under such
subsection (a), at the rates there provided, for overtime
work which is scheduled in advance of the administrative
workweek--
``(A) in excess of 10 hours on a day during such
investigator's basic 40 hour workweek; and
``(B) on a day outside such investigator's basic 40 hour
workweek; and
``(2) such investigator shall be compensated for all other
overtime work under section 5545a''.
``(d) Exemptions From Certain Fair Labor Standards.--
Section 13 of the Fair Labor Standards Act of 1938 (29 U.S.C.
213) is amended--
(1) in subsection (a)--
(A) in paragraph (15) by striking out the period and
inserting in lieu thereof a semicolon and ``or''; and
(B) by adding at the end thereof the following new
paragraph:
``(16) a criminal investigator who is paid availability pay
under section 5545a of title 5, United States Code.''; and
(2) in subsection (b)--
(A) in paragraph (28) by striking out ``or'' after the
semicolon;
(B) in paragraph (29) by striking out the period and
inserting in lieu thereof a semicolon and ``or''; and
(C) by adding at the end thereof the following new
paragraph:
(30) a criminal investigator who is paid availability pay
under section 5545a of title 5, United States Code.''.
(e) Effective Date.--The amendments made by this section
shall take effect on the first day of the first applicable
pay period which begins on or after the later of October 1,
1994, or the 30th day following the date of enactment of this
Act, Except that--
(1) criminal investigators, employed in Offices of
Inspectors General, who are not receiving administratively
uncontrollable overtime compensation or who are receiving
such premium pay at a rate less than 25 percent prior to the
date of enactment of this Act, may implement availability pay
at any time prior to September 30, 1995, after which date
availability pay as authorized under this section shall be
provided to such criminal investigators.
(2) Criminal investigators, employed by Offices of
Inspectors General, who are receiving administratively
uncontrollable overtime at a rate less than 25 percent, shall
continue to receive this compensation at the same rate or
higher until availability pay compensation is provided, which
shall be no later than the last pay period ending on or
before September 30, 1995.
(f) Not later than the effective date of this section, each
criminal investigator under section 5545a of title 5, United
States Code, as added by this section, and the appropriate
supervisory officer, to be designated by the head of the
agency, shall make an initial certification to the head of
the agency that the criminal investigator is expected to meet
the requirements of subsection (d) of such section 5545a. The
head of a law enforcement agency may prescribe procedures
necessary to administer this paragraph.
And the Senate agree to the same.
Amendment No. 96:
The the House recede from its disagreement to the amendment
of the Senate numbered 96, and agree to the same with an
amendment as follows:
In lieu of the first section number named in said
amendment, insert: 634; and the Senate agree to the same.
Amendment No. 97:
That the House recede from its disagreement to the
amendment of the Senate numbered 97, and agree to same with
an amendment as follows:
In lieu of the section number named in said amendment,
insert: 635; and the Senate agree to the same.
Amendment No. 98:
That the House recede from its disagreement to the
amendment of the Senate numbered 98, and agree to the same
with an amendment as follows:
In lieu of the matter proposed by said amendment, insert:
Sec. 636. No part of any appropriation contained in this
Act may be used to pay for the expenses of travel of
employees, including employees of the Executive Office of the
President not directly responsible for the discharge of
official governmental tasks and duties: Provided, That this
restriction shall not apply to the family of the President,
Members of Congress or their spouses, Heads of State of a
foreign country or their designee(s), persons providing
assistance to the President for official purposes, or other
individuals so designated by the President.
And the Senate agree to the same.
Amendment No. 99:
That the House recede from its disagreement to the
amendment of the Senate numbered 99, and agree to the same
with an amendment as follows:
In lieu of the first section number named in said
amendment, insert: 637; and the Senate agree to the same.
Amendment No. 100:
That the House recede from its disagreement to the
amendment of the Senate numbered 100, and agree to the same
with an amendment as follows:
In lieu of the first section number named in said
amendment, insert: 638; and the Senate agree to the same.
Amendment No. 101:
That the House recede from its disagreement to the
amendment of the Senate numbered 101, and agree to the same
with an amendment as follows:
In lieu of the matter proposed by said amendment, insert:
Sec. 639. Section 3626, paragraph (j)(1), subparagraph (D),
of Title 39, United States Code is amended by--
(a) deleting the final ``.'' from (II) and adding, ``;
and'' ';
(b) and adding ``(III) clause (i) shall not apply to space
advertising in mail matter that otherwise qualifies for rates
under former section 4452(b) or 4452(c) of this title, and
satisfies the content requirements established by the Postal
Service for periodical publications: Provided, That such
changes in law shall take effect immediately and shall stay
in effect hereafter unless the Congress enacts legislation on
this matter prior to October 1, 1995.
Sec. 640. In the administration of section 3702 of title
31, United States Code, the Comptroller General of the United
States shall apply a 6-year statute of limitations to any
claim of Federal employee under the Fair Labor Standards Act
of 1938 (29 U.S.C. 201 et seq.) for violations that occurred
before or claims filed before June 30, 1994.
Sec. 641. The Bureau of the Public Debt is authorized to
pay in advance or reimburse any Treasury organization, an
amount not to exceed one year of salary and benefits for each
Public Debt employee hired by that organization described in
section 521(a) of this Act.
Sec. 642. Chapter 63 of Title 5 of the United States Code
is amended by adding, following the word ``Forces'' in
section 6326, a new section, 6327 to read as follow:
``6327. Absence in connection with funerals of fellow federal law
enforcement officers.''
``A federal law enforcement officer or a Federal
firefighter may be excused from duty with-
[[Page 1991]]
out loss of, or reduction in, pay or leave to which such
officer is otherwise entitled, or credit for time or service,
or performance or efficiency rating, to attend the funeral of
a fellow Federal law enforcement officer or Federal
firefighter, who was killed in the line of duty. When so
excused from duty, attendance at such service shall for the
purposes of section 1345(a) of title 31, be considered to be
an official duty of the officer or firefighter.''
Sec. 643. Of the amount appropriated for ``Government
Payment for Annuitants, Employee Life Insurance'' under this
Act, such sums as may be necessary for such payments for the
period September 15 through 30, 1994 shall become available
upon enactment of this Act.
And the Senate agree to the same.
Amendment No. 102:
That the House recede from its disagreement to the
amendment of the Senate numbered 102, and agree to the same
with an amendment as follows:
In lieu of the matter proposed by said amendment, insert:
Sec. 644. (a) The Office of Management and Budget shall
report to the Congress no later than November 1, 1994, for
each agency for which the budgetary resources available to
the agency in fiscal year 1995 would be canceled in an
appropriations Act to achieve savings in procurement and
procurement-related expenses, of the manner in which these
savings are to be achieved.
(b) Notwithstanding any other provision of law, each agency
for which the budgetary resources available to the agency in
fiscal year 1995 would be canceled in an appropriations Act
to achieve savings in procurement and procurement-related
expenses, such cancellation shall occur on November 30, 1994,
or 30 days after the Office of Management and Budget submits
the report required by subsection (a) of this section,
whichever date is earlier.
And the Senate agree to the same.
Amendment No. 103:
In lieu of the matter proposed by said amendment, insert:
Title VII--Violent Crime Control and Law Enforcement Funding
Department of the Treasury--Departmental Offices
Salaries and Expenses
For necessary expenses of the Office of Enforcement to
oversee the implementation of the Violent Crime Control and
Law Enforcement Act of 1994 as it relates to the jurisdiction
of the Department of the Treasury, $2,400,000, to remain
available until expended, to be derived from balances
available in the Violent Crime Reduction Trust Fund, as
authorized by Title XXXI of the Violent Crime Control and Law
Enforcement Act of 1994.
Financial Crimes Enforcement Network
Salaries and Expenses
For salaries and expenses to implement the gateway network
and other related financial intelligence and enforcement
activities, $2,700,000 to remain available until expended to
be derived from balances available in the Violent Crime
Reduction Trust Fund, as authorized by Title XXXI of the
Violent Crime Control and Law Enforcement Act of 1994.
Bureau of Alcohol, Tobacco and Firearms
Salaries and Expenses
For salaries and expenses for enforcing Federal firearms
provisions and Public Law 103-159, $7,000,000 to be derived
from balances available in the Violent Crime Reduction Trust
Fund, as authorized by Title XXXI of the Violent Crime
Control and Law Enforcement Act of 1994.
Gang Resistance Education and Training
For grants to communities and police agencies for the
establishment of gang resistance education and training
programs to be designated by the Director of the Bureau of
Alcohol, Tobacco and Firearms, $9,000,000 to be derived from
balances available in the Violent Crime Reduction Trust Fund,
as authorized by Title XXXI of the Violent Crime Control and
Law Enforcement Act of 1994.
United States Customs Service
Salaries and Expenses
For salaries and expenses for expanding border and port
enforcement activities, $4,000,000 to be derived from
balances available in the Violent Crime Reduction Trust Fund,
as authorized by Title XXXI of the Violent Crime Control and
Law Enforcement Act of 1994.
Internal Revenue Service
Tax Law Enforcement
For tax law enforcement for combatting public corruption
and enhancing illegal tax enforcement activities, $7,000,000
to be derived from balances available in the Violent Crime
Reduction Trust Fund, as authorized by Title XXXI of the
Violent Crime Control and Law Enforcement Act of 1994.
United States Secret Service
Salaries and Expenses
For salaries and expenses $6,600,000, of which $5,000,000
shall be available for combatting the counterfeiting of
United States currency, and of which $1,600,000, to remain
available until expended, shall be available for the hiring,
training, and equipping of 18 additional full-time equivalent
positions for improving forensic capabilities which will
assist in the investigations of missing and exploited
children to be derived from balances available in the Violent
Crime Reduction Trust Fund, as authorized by Title XXXI of
the Violent Crime Control and Law Enforcement Act of 1994.
And the Senate agree to the same.
Steny H. Hoyer,
Peter J. Visclosky,
George (Buddy) Darden,
John W. Olver,
Tom Bevill,
Martin Olav Sabo,
David Obey,
Jim Lightfoot
(except amendment 29),
Joseph M. McDade,
Managers on the Part of the House.
Dennis DeConcini,
Barbara A. Mikulski,
Bob Kerrey,
Robert C. Byrd,
Christopher S. Bond,
Alfonse D'Amato,
Mark O. Hatfield,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
By unanimous consent, the previous question was ordered on the
conference report to its adoption or rejection.
Mr. ISTOOK moved to recommit the conference report on the bill (H.R.
4539) making appropriations for the Treasury Department, the United
States Postal Service, the Executive Office of the President, and
certain Independent Agencies, for the fiscal year ending September 30,
1995, and for other purposes, to the committee of conference with
instructions to the managers on the part of the House to insist on the
House position to amendment numbered 52 providing $218-million less than
the Senate for new federal construction and to disagree to the Senate
amendment numbered 29 authorizing the collection of $149.7 million in
additional fees by the Internal Revenue Service, which were not
previously approved by the House.
By unanimous consent, the previous question was ordered on the motion
to recommit.
The question being put, viva voce,
Will the House recommit said conference report?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that the
nays had it.
Mr. ISTOOK objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
234
When there appeared
<3-line {>
Nays
192
Para. 111.11 [Roll No. 436]
YEAS--234
Allard
Andrews (ME)
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Brewster
Browder
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Condit
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Deal
DeLay
Deutsch
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
English
Everett
Ewing
Fawell
Fields (TX)
Fingerhut
Fish
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hefley
Herger
Hoagland
Hobson
Hoekstra
Hoke
Holden
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inslee
Istook
Jacobs
Johnson (CT)
Johnson (GA)
Johnson, Sam
Kasich
Kim
King
Kingston
Klein
Klink
Klug
Knollenberg
Kolbe
Kyl
Lambert
Laughlin
Leach
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lloyd
Long
Lucas
Machtley
Mann
Manzullo
Margolies-Mezvinsky
McCandless
McCollum
McCrery
McCurdy
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Moorhead
Morella
Myers
Nussle
Orton
Oxley
Packard
Pallone
Parker
Paxon
Payne (VA)
Penny
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce (OH)
Quinn
Ramstad
Ravenel
Regula
Richardson
Ridge
Roberts
Roemer
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stump
Swett
Talent
Tanner
Tauzin
[[Page 1992]]
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Torkildsen
Traficant
Upton
Walker
Walsh
Weldon
Williams
Wolf
Young (FL)
Zeliff
Zimmer
NAYS--192
Abercrombie
Ackerman
Andrews (TX)
Applegate
Bacchus (FL)
Becerra
Beilenson
Berman
Bevill
Bishop
Blackwell
Bonior
Borski
Boucher
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Coyne
Darden
de la Garza
DeFazio
DeLauro
Dellums
Derrick
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Engel
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hastings
Hefner
Hilliard
Hinchey
Hochbrueckner
Hoyer
Hughes
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Kopetski
Kreidler
LaFalce
Lancaster
Lantos
LaRocco
Lazio
Lehman
Lewis (GA)
Lipinski
Lowey
Maloney
Manton
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Owens
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Pickle
Price (NC)
Quillen
Rahall
Reed
Reynolds
Rogers
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schumer
Scott
Serrano
Sharp
Shepherd
Skaggs
Slaughter
Smith (IA)
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Waters
Watt
Waxman
Wheat
Whitten
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Young (AK)
NOT VOTING--8
Cooper
Gallo
Hayes
Inhofe
Rangel
Slattery
Sundquist
Washington
So the motion to recommit was agreed to.
A motion to reconsider the vote whereby said motion to recommit was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 111.12 permission to file conference report
On motion of Mr. DICKS, by unanimous consent, the managers on the part
of the House were granted permission until midnight tonight to file a
conference report (Rept. No. 103-740) on the bill (H.R. 4602) making
appropriations for the Department of the Interior and related agencies
for the fiscal year ending September 30, 1995, and for other purposes;
together with a statement thereon, for printing in the Record under the
rule.
Para. 111.13 providing for the consideration of h.r. 4422
Mr. MOAKLEY, by direction of the Committee on Rules, called up the
following resolution (H. Res. 535):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 4422) to authorize appropriations for fiscal
year 1995 for the Coast Guard, and for other purposes. The
first reading of the bill shall be dispensed with. All points
of order against consideration of the bill are waived.
General debate shall be confined to the bill and shall not
exceed one hour equally divided and controlled by the
chairman and ranking minority member of the Committee on
Merchant Marine and Fisheries. After general debate the bill
shall be considered for amendment under the five-minute rule.
It shall be in order to consider as an original bill for the
purpose of amendment under the five-minute rule the amendment
in the nature of a substitute recommended by the Committee on
Merchant Marine and Fisheries now printed in the bill. The
committee amendment in the nature of a substitute shall be
considered by title rather than by section. Each title shall
be considered as read. All points of order against the
committee amendment in the nature of a substitute are waived.
All points of order against amendments printed in the report
of the Committee on Rules accompanying this resolution are
waived. At the conclusion of consideration of the bill for
amendment the Committee shall rise and report the bill to the
House with such amendments as may have been adopted. Any
Member may demand a separate vote in the House on any
amendment adopted in the Committee of the Whole to the bill
or to the committee amendment in the nature of a substitute.
The previous question shall be considered as ordered on the
bill and amendments thereto to final passage without
intervening motion except one motion to recommit with or
without instructions.
When said resolution was considered.
After debate,
On motion of Mr. MOAKLEY, the previous question was ordered on the
resolution, to its adoption or rejection and under the operation
thereof, the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 111.14 coast guard authorization
The SPEAKER pro tempore, Mr. MFUME, pursuant to House Resolution 535
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 4422) to authorize appropriations for fiscal year 1995 for the
Coast Guard, and for other purposes.
The SPEAKER pro tempore, Mr. MFUME, by unanimous consent, designated
Mr. DARDEN, as Chairman of the Committee of the Whole; and after some
time spent therein,
The SPEAKER pro tempore, Mr. HEFNER, assumed the Chair.
When Mr. DARDEN, Chairman, pursuant to House Resolution 535, reported
the bill back to the House with an amendment adopted by the Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coast Guard Authorization
Act of 1994''.
TITLE I--AUTHORIZATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for necessary
expenses of the Coast Guard for fiscal year 1995, as follows:
(1) For the operation and maintenance of the Coast Guard,
$2,630,505,000, of which $25,000,000 shall be derived from
the Oil Spill Liability Trust Fund.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment
related thereto, $439,200,000, to remain available until
expended, of which $32,500,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990.
(3) For research, development, test, and evaluation of
technologies, materials, and human factors directly relating
to improving the performance of the Coast Guard's mission in
support of search and rescue, aids to navigation, marine
safety, marine environmental protection, enforcement of laws
and treaties, ice operations, oceanographic research, and
defense readiness, $20,310,000, to remain available until
expended, of which--
(A) $3,150,000 shall be derived from the Oil Spill
Liability Trust Fund; and
(B) $1,500,000 is authorized to conduct, in cooperation
with appropriate Federal and State agencies, local maritime
education organizations, and local marine industry
representatives, a demonstration project on the lower
Mississippi River and in the Houston Ship Channel to study
the effectiveness of currently available Electronic Chart
Display and Information Systems (ECDIS) and Electronic Chart
Systems (ECS) for use on commercial vessels.
(4) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose), payments under the Retired Serviceman's Family
Protection and Survivor Benefit Plans, and payments for
medical care of retired personnel and their dependents under
chapter 55 of title 10, United States Code, $562,585,000.
(5) For alteration or removal of bridges over navigable
waters of the United States constituting obstructions to
navigation, and for personnel and administrative costs
associated with the Bridge Alteration Program, $13,000,000,
to remain available until expended.
(6) For environmental compliance and restoration at Coast
Guard facilities, $25,000,000, to remain available until
expended.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND
TRAINING.
(a) Active Duty Strength.--The Coast Guard is authorized an
end-of-year strength for active duty personnel of 39,000 as
of September 30, 1995. The authorized strength does not
include members of the Ready Reserve called to active duty
for special or emergency augmentation of regular Coast Guard
forces for periods of 180 days or less.
(b) Military Training Student Loads.--For fiscal year 1995,
the Coast Guard is au-
[[Page 1993]]
thorized average military training student loads as follows:
(1) For recruit and special training, 2,000 student years.
(2) For flight training, 133 student years.
(3) For professional training in military and civilian
institutions, 344 student years.
(4) For officer acquisition, 955 student years.
SEC. 103. DRUG INTERDICTION ACTIVITIES.
In addition to amounts otherwise authorized by this Act,
there are authorized to be appropriated to the Secretary of
Transportation for operation and maintenance expenses of
Coast Guard drug interdiction activities $21,000,000 for
fiscal year 1995.
TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT
SEC. 201. HURRICANE ANDREW RELIEF.
Section 2856 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484) applies to the military
personnel of the Coast Guard who were assigned to, or
employed at or in connection with, any Federal facility or
installation in the vicinity of Homestead Air Force Base,
Florida, including the areas of Broward, Collier, Dade, and
Monroe Counties, on or before August 24, 1992, except that--
(1) funds available to the Coast Guard, not to exceed a
total of $25,000, shall be used; and
(2) the Secretary of Transportation shall administer that
section with respect to such personnel.
SEC. 202. DISSEMINATION OF RESULTS OF 0-6 CONTINUATION
BOARDS.
Section 289(f) of title 14, United States Code, is amended
by striking ``Upon approval by the President, the names of
the officers selected for continuation on active duty by the
board shall be promptly disseminated to the service at
large.''.
SEC. 203. EXCLUDE CERTAIN RESERVES FROM END-OF-YEAR STRENGTH.
Section 712 of title 14, United States Code, is amended by
adding at the end the following:
``(d) Reserve members ordered to active duty under this
section shall not be counted in computing authorized strength
of members on active duty or members in grade under this
title or under any other law.''.
SEC. 204. PROVISION OF CHILD DEVELOPMENT SERVICES.
(a) In General.--Title 14, United States Code, is amended
by inserting after section 514 the following new section:
``Sec. 515. Child development services
``(a) The Commandant may make child development services
available for members and civilian employees of the Coast
Guard, and thereafter as space is available for members of
the Armed Forces and Federal civilian employees. Child
development services benefits provided under this section
shall be in addition to benefits provided under other laws.
``(b)(1) Except as provided in paragraph (2), the
Commandant may require that amounts received as fees for the
provision of child development services under this section at
Coast Guard child development centers be used only for
compensation of Coast Guard child development center
employees who are directly involved in providing child care.
``(2) If the Commandant determines that compliance with the
limitation in paragraph (1) would result in an uneconomical
and inefficient use of amounts received as such fees, the
Commandant may (to the extent that such compliance would be
uneconomical and inefficient) use such amounts--
``(A) for the purchase of consumable or disposable items
for Coast Guard child development centers; and
``(B) if the requirements of such centers for consumable or
disposable items for a given fiscal year have been met, for
other expenses of those centers.
``(c) The Commandant may use Department of Defense or other
training programs to insure that all child development
services providers under this section meet minimum standards.
``(d) The Commandant may provide assistance to members and
civilian employees of the Coast Guard for obtaining services
of qualified family home child development services
providers. The cost per child to the Coast Guard of obtaining
those services may not exceed the average of the cost per
child incurred by the Coast Guard for child development
services provided at all Coast Guard child development
centers.
``(e)(1) Of the amounts available to the Coast Guard each
fiscal year for operating expenses (and in addition to
amounts received as fees), the Secretary shall use for child
development services under this section an amount equal to
the total amount the Commandant estimates will be received by
the Coast Guard in the fiscal year as fees for the provision
of those services.
``(2) The amount of funds used under paragraph (1) each
fiscal year shall not exceed $1,000,000.
``(f) For purposes of this section, the term `Coast Guard
child development center' does not include a child care
services facility for which space is allotted under section
616 of the Act of December 22, 1987 (40 U.S.C. 490b).
``(g) The Secretary shall promulgate regulations to
implement this section. The regulations shall establish fees
to be charged for child development services provided under
this section which are based on total family income.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 13 of title 14, United States Code, is
amended by inserting after the item related to section 514
the following:
``515. Child development services.''.
TITLE III--NAVIGATION SAFETY AND WATERWAY SERVICES MANAGEMENT
SEC. 301. FOREIGN PASSENGER VESSEL USER FEES.
Section 3303 of title 46, United States Code, is amended--
(1) in subsection (a) by striking ``(a) Except as'' and
inserting ``Except as''; and
(2) by striking subsection (b).
SEC. 302. DOCUMENTATION VIOLATIONS.
(a) Civil Penalties.--Section 12122(a) of title 46, United
States Code, is amended by striking ``$500'' and inserting
``$25,000''.
(b) Seizure and Forfeiture.--
(1) In general.--Section 12122(b) of title 46, United
States Code, is amended to read as follows:
``(b) A vessel and its equipment are liable to seizure by
and forfeiture to the United States Government, if--
``(1) the owner of the vessel or a representative or agent
of the owner knowingly falsifies or conceals a material fact,
or makes a false statement or representation about the
documentation or in applying for documentation of the vessel;
``(2) a certificate of documentation is knowingly and
fraudulently used for the vessel;
``(3) the vessel is operated after its endorsement has been
denied or revoked under section 12123 of this title;
``(4) the vessel is employed in a trade without an
appropriate trade endorsement; or
``(5) in the case of a documented vessel with only a
recreational endorsement, the vessel is operated other than
for pleasure.''.
(2) Conforming amendment.--Section 12122(c) of title 46,
United States Code, is repealed.
(c) Limitation on Operation of Vessel With Only
Recreational Endorsement.--Section 12110(c) of title 46,
United States Code, is repealed.
(d) Termination of Restriction on Command of Recreational
Vessels.--
(1) Termination of restriction.--Subsection (d) of section
12110 of title 46, United States Code, is amended--
(A) by inserting ``, other than a vessel with only a
recreational endorsement operating within the territorial
waters of the United States,'' after ``A documented vessel'';
and
(B) by redesignating that subsection as subsection (c).
(2) Conforming amendment.--Section 12111(a)(2) of title 46,
United States Code, is amended by inserting before the period
the following: ``in violation of section 12110(c) of this
title''.
SEC. 303. CLERICAL AMENDMENT.
Chapter 121 of title 46, United States Code, is amended--
(1) by striking the first section 12123; and
(2) in the table of sections at the beginning of the
chapter by striking the first item relating to section 12123.
SEC. 304. BATON ROUGE RESCUE AND PATROL VESSEL.
Beginning not later than 60 days after the date of the
enactment of this Act, the Commandant of the Coast Guard
shall operate a rescue and patrol vessel on the Mississippi
River in the vicinity of Baton Rouge, Louisiana, to support
Coast Guard rescue, law enforcement, marine safety, marine
environmental protection, and port security missions.
SEC. 305. FLORIDA AVENUE BRIDGE.
For purposes of the alteration of the Florida Avenue Bridge
(located approximately 1.63 miles east of the Mississippi
River on the Gulf Intracoastal Waterway in Orleans Parish,
Louisiana) ordered by the Secretary of Transportation under
the Act of June 21, 1940 (33 U.S.C. 511 et seq.; popularly
known as the Truman-Hobbs Act), the Secretary shall treat the
drainage siphon that is adjacent to the bridge as an
appurtenance of the bridge, including with respect to
apportionment and payment of costs for the removal of the
drainage siphon in accordance with that Act.
SEC. 306. RENEWAL OF HOUSTON-GALVESTON NAVIGATION SAFETY
ADVISORY COMMITTEE AND LOWER MISSISSIPPI RIVER
WATERWAY ADVISORY COMMITTEE.
The Coast Guard Authorization Act of 1991 (Public Law 102-
241, 105 Stat. 2208-2235) is amended--
(1) in section 18 by adding at the end the following:
``(h) The Committee shall terminate on October 1, 1999.'';
and
(2) in section 19 by adding at the end the following:
``(g) The Committee shall terminate on October 1, 1999.''.
SEC. 307. LIMITATION ON CONSOLIDATION OF HOUSTON AND
GALVESTON MARINE SAFETY OFFICES.
The Secretary of Transportation may not consolidate the
Coast Guard Marine Safety Offices in Galveston, Texas, and
Houston, Texas.
SEC. 308. RESPONSE EXERCISE PROGRAM AT MASSACHUSETTS MARITIME
ACADEMY.
The Coast Guard shall designate the Center for Marine
Environmental Protection and Safety at the Massachusetts
Maritime Academy as a regional facility for the conduct and
evaluation of annual response area management team exercises
for two response areas in the East Coast in accordance with
the Preparedness for Response Exercise Program established by
the Coast Guard.
[[Page 1994]]
SEC. 309. PROHIBITION ON DECOMMISSIONING ICEBREAKER MACKINAW.
(a) Prohibition.--The Secretary of Transportation may not
decommission the Coast Guard cutter MACKINAW until the later
of--
(1) 1 year after transmitting to the Congress the report
required under subsection (d); or
(2) October 1, 1995.
(b) Requirement To Maintain Billets.--The Secretary shall
during fiscal year 1995 maintain on the Coast Guard cutter
MACKINAW the same number of billets as were maintained on
that vessel during fiscal year 1994.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of Transportation
$4,500,000 for fiscal year 1995, to remain available until
expended, for operations and maintenance of the Coast Guard
cutter MACKINAW.
(d) Study and Report.--Not later than 6 months after the
date of enactment of this Act, the Secretary of
Transportation shall conduct a study and submit a report to
the Congress containing findings and recommendations on the
icebreaking needs of the Great Lakes and the appropriate size
and type of vessel or vessels to meet those needs. In
conducting the study, the Secretary shall--
(1) consult with--
(A) Great Lakes carriers, shippers, and port authorities,
including the Lake Carriers Association;
(B) the Great Lakes Commission;
(C) the Governors of States bordering the Great Lakes;
(D) local governments in States bordering the Great Lakes;
and
(E) interested private persons;
(2) determine the average and maximum ice conditions in the
Great Lakes over the past 10 years;
(3) determine the size and type of vessel or vessels
necessary to clear shipping channels in the average and
maximum ice conditions determined under paragraph (2);
(4) evaluate whether any Coast Guard vessel stationed on
the Great Lakes, other than the MACKINAW, can safely conduct
search and rescue missions in 25-foot seas;
(5) evaluate the feasibility of operating the Coast Guard
icebreaker MACKINAW on a seasonal basis;
(6) evaluate the feasibility of building an ice-
strengthened Juniper Class buoy tender to replace the
icebreaking services performed by the MACKINAW; and
(7) evaluate the feasibility of entering into a long-term
contract for icebreaking services to replace the icebreaking
services performed by the MACKINAW.
(e) Authorization for Recommendations.--If, after
transmitting the report required in subsection (d), the
Secretary determines that--
(1) in addition to previously authorized Juniper Class buoy
tenders, building an ice-strengthened Juniper Class buoy
tender is the most feasible means of providing icebreaking
service on the Great Lakes, the Secretary may, subject to the
availability of appropriations, enter into a contract for the
construction of an ice-strengthened Juniper Class buoy
tender; or
(2) entering into a long-term contract for icebreaking
services is the most feasible means of providing icebreaking
services on the Great Lakes, the Secretary may, subject to
the availability of appropriations, enter into such a long-
term contract.
SEC. 310. REQUIREMENT TO OPERATE USCGC TACKLE IN CRISFIELD,
MARYLAND.
The Secretary of Transportation shall continue to operate
the USCGC TACKLE (WYTL 65604) in the vicinity of Crisfield,
Maryland, until October 1, 1995.
SEC. 311. BUY AMERICAN REQUIREMENT FOR SURFACE SEARCH RADAR
SYSTEMS AND MULTIBEAM SONAR.
Notwithstanding any other law, at least 51 percent of the
components of surface search radar systems and multibeam
sonar systems for Coast Guard vessels shall be manufactured
in the United States, provided the United States manufacturer
offers the Coast Guard a competitive price.
SEC. 312. CONVEYANCE OF PROPERTY.
(a) Requirement.--The Secretary of Transportation (or any
other official having control over the property described in
subsection (b)) shall expeditiously convey to the Traverse
City Area Public School District in Traverse City, Michigan,
without consideration, all right, title, and interest of the
United States in and to the property described in subsection
(b), subject to all easements and other interests in the
property held by any other person.
(b) Property Described.--The property referred to in
subsection (a) is real property located in the city of
Traverse City, Grand Traverse County, Michigan, and
consisting of that part of the southeast \1/4\ of Section 12,
Township 27 North, Range 11 West, described as: Commencing at
the southeast \1/4\ corner of said Section 12, thence north
03 degrees 05 minutes 25 seconds east along the East line of
said Section, 1074.04 feet, thence north 86 degrees 36
minutes 50 seconds west 207.66 feet, thence north 03 degrees
06 minutes 00 seconds east 572.83 feet to the point of
beginning, thence north 86 degrees 54 minutes 00 seconds west
1,751.04 feet, thence north 03 degrees 02 minutes 38 seconds
east 330.09 feet, thence north 24 degrees 04 minutes 40
seconds east 439.86 feet, thence south 86 degrees 56 minutes
15 seconds east 116.62 feet, thence north 03 degrees 08
minutes 45 seconds east 200.00 feet, thence south 87 degrees
08 minutes 20 seconds east 68.52 feet, to the southerly
right-of-way of the C & O Railroad, thence south 65 degrees
54 minutes 20 seconds east along said right-of-way 1508.75
feet, thence south 03 degrees 06 minutes 00 seconds west
400.61 to the point of beginning, consisting of 27.10 acres
of land, and all improvements located on that property
including buildings, structures, and equipment.
(c) Reversionary Interest.--In addition to any term or
condition established pursuant to subsection (a), any
conveyance of property described in subsection (b) shall be
subject to the condition that all right, title, and interest
in and to the property so conveyed shall immediately revert
to the United States if the property, or any part thereof,
ceases to be used by the Traverse City School District.
TITLE IV--MISCELLANEOUS
SEC. 401. SPECIAL RECRUITING AUTHORITY TO ACHIEVE DIVERSITY.
(a) Findings.--The Congress makes the following findings:
(1) Women and minorities have historically been
underrepresented in the Coast Guard officer corps and at the
United States Coast Guard Academy.
(2) The number of women and minorities occupying leadership
positions in the United States Coast Guard should reflect the
proportion of women and minorities in the total population.
(3) Notwithstanding application of traditional recruiting
programs, the Coast Guard has not been able to rectify the
historic underrepresentation of women and minorities in the
service and at the Academy.
(4) Cultural bias in standardized testing or grading
procedures may adversely affect the ability of minorities to
compete successfully for admission to the United States Coast
Guard Academy.
(5) The education and professional training provided at the
United States Coast Guard Academy will be enhanced by the
benefits that flow from a diverse student body.
(b) New Authority.--Section 93 of title 14, United States
Code, is amended--
(1) in paragraph (t)(2) by striking ``and'' after the
semicolon;
(2) in paragraph (u) by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(v) for the purposes of rectifying underrepresentation or
underutilization of women and minorities in the Coast Guard
and meeting identified personnel resource requirements and
training needs--
``(1) conduct studies and analyses on Coast Guard personnel
resource and training needs; and
``(2) employ special programs for recruiting women and
minorities, including, subject to appropriations, provision
of financial assistance by grant, cooperative agreement,
contract, or otherwise, to public or private associations,
organizations, or individuals to implement national or local
outreach programs.''.
SEC. 402. OFFICER RETENTION UNTIL RETIREMENT ELIGIBLE.
Section 283(b) of title 14, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by striking the last sentence; and
(3) by adding at the end the following:
``(2) Upon the completion of a term under paragraph (1), an
officer shall, unless selected for further continuation--
``(A) except as provided in subparagraph (B), be honorably
discharged with severance pay computed under section 286 of
this title;
``(B) in the case of an officer who has completed at least
18 years of active service on the date of discharge under
subparagraph (A), be retained on active duty and retired on
the last day of the month in which the officer completes 20
years of active service, unless earlier removed under another
provision of law; or
``(C) if eligible for retirement under any law, be
retired.''.
SEC. 403. REPORT RECOMMENDING ACTIONS FOR THE PROTECTION OF
THE ENDANGERED NORTHERN RIGHT WHALE.
Not later than 6 months after the date of the enactment of
this Act, the Secretary of Transportation, in consultation
with the Secretary of Commerce, shall submit a report to the
Committee on Merchant Marine and Fisheries of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate recommending actions to prevent
mortalities of the northern right whale from vessel
collisions in the Great South Channel off Cape Cod,
Massachusetts. The report shall include--
(1) recommendations for actions that could be undertaken by
the Coast Guard and the International Maritime Organization,
including--
(A) the designation of 1 or more areas to be avoided;
(B) the shifting of the traffic separation scheme in the
Great South Channel; or
(C) other measures the Secretary considers appropriate; and
(2) if appropriate, a schedule for submitting those
recommendations to the International Maritime Organization.
SEC. 404. CONTINUING OBLIGATION TO PROVIDE DOCUMENTATION
INFORMATION AT EXISTING LOCATIONS.
The Secretary of Transportation shall, until October 1,
1999, maintain an ability, at Coast Guard offices that are
located in the immediate vicinity of former regional vessel
documentation offices, to assist the public with information
on obtaining, altering, and renewing the documentation of a
vessel and on vessel documentation laws and regulations
generally.
[[Page 1995]]
SEC. 405. PROHIBITION ON STATION CLOSURES AND VESSEL AND
AIRCRAFT DECOMMISSIONINGS IN FY 1995.
In fiscal year 1995, the Secretary of Transportation may
not close or consolidate any shore unit, including any
multimission small boat station, and may not decommission any
vessel or aircraft, based in whole or in part on the
increased costs resulting from inclusion of the Coast Guard
in the military pay raise for fiscal year 1995 or the cost-
of-living allowance for members of the uniformed services
assigned to high cost areas in the continental United States
under the National Defense Authorization Act for Fiscal Year
1995.
SEC. 406. CONTINUATION OF THE COMMERCIAL FISHING INDUSTRY
VESSEL ADVISORY COMMITTEE.
Subsection (e)(1) of section 4508 of title 46, United
States Code, is amended by striking ``September 30, 1994''
and inserting ``October 1, 1999''.
SEC. 407. PROHIBITION ON DIVERSION OF DRUG INTERDICTION
FUNDS.
The Secretary of Transportation may not reduce the level of
Coast Guard drug interdiction below the level proposed by the
President in the Fiscal Year 1995 budget.
SEC. 408. PROHIBITION ON STATION CLOSURES.
(a) Prohibition.--The Secretary of Transportation may not
close or consolidate any multimission small boat station in
fiscal year 1995 until the Secretary has submitted a list of
proposed station closures to the Committee on Merchant Marine
and Fisheries of the House of Representatives and to the
Committee on Commerce, Science, and Transportation of the
Senate.
(b) Deadline for Submission.--The Secretary shall submit
such list at least 60 days prior to any such closure or
consolidation.
SEC. 409. RENEWAL OF THE NAVIGATION SAFETY ADVISORY COUNCIL.
Section 5 of the Inland Navigational Rules Act of 1980 (33
U.S.C. 2073) is amended in subsection (d) by striking
``September 30, 1995'' and inserting ``September 30, 2000''.
SEC. 410. 47-FOOT MOTOR LIFEBOAT ACQUISITION PROGRAM.
The Secretary of Transportation shall ensure that the Coast
Guard 47-foot Motor Lifeboat acquisition is accomplished in
accordance with the laws and regulations applicable to small
business set asides.
SEC. 411. COAST GUARD RESERVE PEACETIME REQUIREMENTS PLAN.
No later than February 1, 1995, the Secretary of
Transportation shall submit to the Committee on Merchant
Marine and Fisheries of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a plan to more fully utilize the Coast Guard Selected
Reserve to augment peacetime operations. As part of the plan,
the Secretary shall include--
(1) methods to deliver more cost-effective Coast Guard
services by supplementing active duty personnel with Coast
Guard reservists while preserving the current level of
service to the public;
(2) methods to more fully integrate the Coast Guard Reserve
in peacetime Coast Guard programs, including, but not limited
to, search and rescue, marine safety, and marine
environmental protection;
(3) the most effective command structure for the Coast
Guard Reserve; and
(4) a specific estimate of the number of reservists needed
to augment peacetime Coast Guard missions under the plan.
SEC. 412. TRANSFER OF COAST GUARD PROPERTY.
(a) Conveyance Requirement.--The Secretary of
Transportation shall convey to the Ketchikan Indian
Corporation in Ketchikan, Alaska, without reimbursement and
by no later than 120 days after the date of enactment of this
Act, all right, title, and interest of the United States in
and to the property known as the ``Former Marine Safety
Detachment'' as identified in Report of Excess Number CG-689
(GSA Control Number 9-U-AK-0747) and described in subsection
(b), for use by the Ketchikan Indian Corporation as a Native
health clinic.
(b) Property Described.--The property referred to in
subsection (a) is real property located in the city of
Ketchikan, Township 75 south, range 90 east, Copper River
Meridian, First Judicial District, State of Alaska, and
commencing at corner numbered 10, United States Survey
numbered 1079, the true point of beginning for this
description: Thence north 24 degrees 04 minutes east, along
the 10-11 line of said survey a distance of 89.76 feet to
corner numbered 1 of lot 5B; thence south 65 degrees 56
minutes east a distance of 345.18 feet to corner numbered 2
of lot 5B; thence south 24 degrees 04 minutes west a distance
of 101.64 feet to corner numbered 3 of lot 5B; thence north
64 degrees 01 minute west a distance of 346.47 feet to corner
numbered 10 of said survey, to the true point of beginning,
consisting of 0.76 acres (more or less), and all improvements
located on that property, including buildings, structures,
and equipment.
(c) Reversionary Interest.--In addition to any term or
condition established pursuant to subsection (a), any
conveyance of property described in subsection (b) shall be
subject to the condition that all right, title, and interest
in and to the property so conveyed shall immediately revert
to the United States if the property, or any part thereof,
ceases to be used by the Ketchikan Indian Corporation as a
Native health clinic.
SEC. 413. REPORT ON COSTS OF VESSEL INSPECTIONS OUTSIDE
UNITED STATES.
(a) Report Requirement.--Not later than January 1, 1995,
the Secretary of Transportation shall submit to the Committee
on Merchant Marine and Fisheries of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report describing in detail
the costs incurred by the United States in fiscal year 1994
for the performance by Coast Guard personnel of vessel
inspections outside the 50 States and the District of
Columbia, including travel expenses, subsistence pay,
compensation, and all other costs associated with those
inspections.
(b) Itemization of Costs.--The report required by
subsection (a) shall include--
(1) a description and the costs of the various types of
activities in which Coast Guard inspectors engaged outside
the United States in fiscal year 1994 with respect to repair
and construction of vessels in foreign countries;
(2) the number and costs of inspections of vessels
documented in the United States that did not visit ports in
the United States in fiscal year 1994 (including the number
of such vessels inspected);
(3) the number and costs of inspections of mobile offshore
drilling units (as that term is defined in section 2101 of
title 46, United States Code) that are documented in the
United States and that did not operate in waters of the
United States in fiscal year 1994; and
(4) the number and cost of Coast Guard inspectors
permanently stationed in foreign countries.
SEC. 414. CONVEYANCE OF LIGHT STATION MONTAUK POINT, NEW
YORK.
(a) Conveyance Requirement.--
(1) Requirement.--The Secretary of Transportation shall
convey to the Montauk Historical Association in Montauk, New
York, by an appropriate means of conveyance, all right,
title, and interest of the United States in and to property
comprising Light Station Montauk Point, located at Montauk,
New York.
(2) Determination of property.--The Secretary may identify,
describe, and determine the property to be conveyed pursuant
to this section.
(b) Terms of Conveyance.--
(1) In general.--A conveyance of property pursuant to this
section shall be made--
(A) without the payment of consideration; and
(B) subject to the conditions required by paragraphs (3)
and (4) and such other terms and conditions as the Secretary
may consider appropriate.
(2) Reversionary interest.--In addition to any term or
condition established pursuant to paragraph (1), any
conveyance of property comprising the Montauk Light Station
pursuant to subsection (a) shall be subject to the condition
that all right, title, and interest in and to the property so
conveyed shall immediately revert to the United States if the
property, or any part thereof--
(A) ceases to be maintained as a nonprofit center for
public benefit for the interpretation and preservation of the
material culture of the United States Coast Guard, the
maritime history of Montauk, New York, and Native American
and colonial history;
(B) ceases to be maintained in a manner that ensures its
present or future use as a Coast Guard aid to navigation; or
(C) ceases to be maintained in a manner consistent with the
provisions of the National Historic Preservation Act (16
U.S.C. 470 et seq.).
(3) Maintenance of navigation and functions.--Any
conveyance of property pursuant to this section shall be
subject to such conditions as the Secretary considers to be
necessary to assure that--
(A) the light, antennas, sound signal, and associated
lighthouse equipment located on the property conveyed, which
are active aids to navigation, shall continue to be operated
and maintained by the United States for as long as they are
needed for this purpose;
(B) the Montauk Historical Association may not interfere or
allow interference in any manner with such aids to navigation
without express written permission from the United States;
(C) there is reserved to the United States the right to
replace, or add any aids to navigation, or make any changes
to the Montauk Lighthouse as may be necessary for navigation
purposes;
(D) the United States shall have the right, at any time, to
enter the property conveyed without notice for the purpose of
maintaining navigation aids;
(E) the United States shall have an easement of access to
such property for the purpose of maintaining the navigational
aids in use on the property; and
(F) the Montauk Light Station shall revert to the United
States at the end of the 30-day period beginning on any date
on which the Secretary of Transportation provides written
notice to the Montauk Historical Association that the Montauk
Light Station is needed for national security purposes.
(4) Maintenance of light station.--Any conveyance of
property under this section shall be subject to the condition
that the Montauk Historical Association shall maintain the
Montauk Light Station in accordance with the provisions of
the National Historic Preservation Act (16 U.S.C. 470 et
seq.) and other applicable laws.
(5) Limitation on obligations of montauk historical
association.--The Montauk Historical Association shall not
have any obligation to maintain any active aid to navigation
equipment on property conveyed pursuant to this section.
(c) For purposes of this section--
[[Page 1996]]
(1) the term ``Montauk Light Station'' means the Coast
Guard light station known as Light Station Montauk Point,
located at Montauk, New York, including the keeper's
dwellings, adjacent Coast Guard rights of way, the World War
II submarine spotting tower, the lighthouse tower, and the
paint locker; and
(2) the term ``Montauk Lighthouse'' means the Coast Guard
lighthouse located at the Montauk Light Station.
SEC. 415. CAPE ANN LIGHTHOUSE.
(a) Authority To Convey.--
(1) In general.--The Secretary of Transportation shall
convey to the town of Rockport, Massachusetts, by an
appropriate means of conveyance, all right, title, and
interest of the United States in and to the property
comprising the Cape Ann Lighthouse, located on Thachers
Island, Massachusetts.
(2) Identification of property.--The Secretary may
identify, describe, and determine the property to be conveyed
pursuant to this subsection.
(b) Terms of Conveyance.--
(1) In general.--The conveyance of property pursuant to
this section shall be made--
(A) without payment of consideration; and
(B) subject to the conditions required by paragraphs (3)
and (4) and other terms and conditions the Secretary may
consider appropriate.
(2) Reversionary interest.--In addition to any term or
condition established pursuant to paragraph (1), the
conveyance of property pursuant to this section shall be
subject to the condition that all right, title, and interest
in the Cape Ann Lighthouse shall immediately revert to the
United States if the Cape Ann Lighthouse, or any part of the
property--
(A) ceases to be used as a nonprofit center for the
interpretation and preservation of maritime history;
(B) ceases to be maintained in a manner that ensures its
present or future use as a Coast Guard aid to navigation; or
(C) ceases to be maintained in a manner consistent with the
provisions of the National Historic Preservation Act of 1966
(16 U.S.C. 470 et seq.).
(3) Maintenance and navigation functions.--The conveyance
of property pursuant to this section shall be made subject to
the conditions that the Secretary considers to be necessary
to assure that--
(A) the lights, antennas, and associated equipment located
on the property conveyed, which are active aids to
navigation, shall continue to be operated and maintained by
the United States;
(B) the town of Rockport may not interfere or allow
interference in any manner with aids to navigation without
express written permission from the Secretary of
Transportation;
(C) there is reserved to the United States the right to
relocate, replace, or add any aid to navigation or make any
changes to the Cape Ann Lighthouse as may be necessary for
navigational purposes;
(D) the United States shall have the right, at any time, to
enter the property without notice for the purpose of
maintaining aids to navigation; and
(E) the United States shall have an easement of access to
the property for the purpose of maintaining the aids to
navigation in use on the property.
(4) Obligation limitation.--The town of Rockport is not
required to maintain any active aid to navigation equipment
on property conveyed pursuant to this section.
(5) Property to be maintained in accordance with certain
laws.--The town of Rockport shall maintain the Cape Ann
Lighthouse in accordance with the National Historic
Preservation Act of 1966 (16 U.S.C. 470 et seq.), and other
applicable laws.
(c) Definitions.--For purposes of this section, the term
``Cape Ann Lighthouse'' means the Coast Guard property
located on Thachers Island, Massachusetts, except any
historical artifact, including any lens or lantern, located
on the property at or before the time of the conveyance.
SEC. 416. TRANSFER OF OCRACOKE LIGHT STATION TO SECRETARY OF
THE INTERIOR.
The Secretary of Transportation shall transfer
administrative jurisdiction over the Federal property,
consisting of approximately 2 acres, known as the Ocracoke
Light Station, to the Secretary of the Interior, subject to
such reservations, terms, and conditions as may be necessary
for Coast Guard purposes. All property so transferred shall
be included in and administered as part of the Cape Hatteras
National Seashore.
SEC. 417. PROHIBITION ON OVERHAUL, REPAIR, AND MAINTENANCE OF
COAST GUARD VESSELS IN FOREIGN SHIPYARDS.
(a) Prohibition.--Chapter 5 of title 14, United States
Code, is amended by adding at the end the following:
``Sec. 96. Prohibition on overhaul, repair, and maintenance
of Coast Guard vessels in foreign shipyards
``A Coast Guard vessel may not be overhauled, repaired, or
maintained in any shipyard located outside the United States,
except that this section does not apply to emergency
repairs.''.
(b) Clerical Amendment.--Title 14, United States Code, is
amended in the analysis at the beginning of chapter 5 by
adding at the end the following:
``96. Prohibition on overhaul, repair, and maintenance of Coast Guard
vessels in foreign shipyards.''.
SEC. 418. STUDY OF IMPLICATIONS FOR VESSEL SAFETY IN
NAVIGABLE WATERS NEAR HOUSTON, TEXAS, OF TRADE
AGREEMENTS.
(a) Study.--Not later than July 1, 1996, the Secretary of
Transportation, acting through the Coast Guard office in
Houston, Texas, and subject to the availability of
appropriations, shall conduct a study of the implications for
vessel safety in the navigable waters near Houston, Texas, of
increased shipping traffic resulting from--
(1) the North American Free Trade Agreement Implementation
Act; and
(2) legislation necessary to implement the Uruguay Round of
the General Agreement on Tariffs and Trade.
(b) Content.--The study under subsection (a) shall
include--
(1) examination of implications for vessel safety in the
Port of Houston and the Houston ship channel; and
(2) development of recommendations for--
(A) responding to vessel accidents in those waterways,
(B) removal of vessels damaged in those accidents, and
(C) ways to improve the overall safety of the Port of
Houston and the Houston ship channel, including
recommendations of restrictions on vessel movements within
that Port or channel if necessary to ensure safety.
(c) Report.--Not later than July 1, 1996, the Secretary of
Transportation shall submit to the Congress a report on the
findings and recommendations developed by the study under
subsection (a).
(d) Authorization of Appropriations.--For carrying out the
study and preparing the report required by this section,
there are authorized to be appropriated to the Secretary of
Transportation $300,000 for fiscal year 1995 and such sums as
may be necessary for fiscal year 1996.
SEC. 419. IMPLEMENTATION OF OIL POLLUTION ACT WITH RESPECT TO
VEGETABLE OIL.
In implementing the Oil Pollution Act of 1990 (Public Law
101-380), the Coast Guard and other agencies shall
differentiate between animal fats or oils of vegetable origin
and other oils, including petroleum oils, on the basis of
their physical, chemical, biological, and other properties,
and their environmental effects.
SEC. 420. LIMITATION ON AUTHORITY OF STATES TO REGULATE
GAMBLING DEVICES ON VESSELS.
Section 5(b)(2) of the Act of January 2, 1951 (15 U.S.C.
1175(b)(2)), commonly referred to as the ``Johnson Act'', is
amended by adding at the end the following:
``(C) Exclusion of certain voyages and segments.--Except
for a voyage or segment of a voyage that occurs within the
boundaries of the State of Hawaii, a voyage or segment of a
voyage is not described in subparagraph (B) if it includes or
consists of a segment--
``(i) that begins and ends in the same State;
``(ii) that is part of a voyage to another State or to a
foreign country; and
``(iii) in which the vessel reaches the other State or
foreign country within 3 days after leaving the State in
which it begins.''.
SEC. 421. POLLUTION FROM SHIPS.
(a) Prevention of Pollution From Ships.--Section 6 of the
Act to Prevent Pollution from Ships (33 U.S.C. 1905) is
amended--
(1) in subsection (c)--
(A) in paragraph (2)--
(i) by striking ``(2) If'' and inserting the following:
``(2)(A) Subject to subparagraph (B), if''; and
(ii) by adding at the end the following new subparagraph:
``(B) The Secretary may issue a certificate attesting to
the adequacy of reception facilities under this paragraph
only if, prior to the issuance of the certificate, the
Secretary conducts an inspection of the reception facilities
of the port or terminal that is the subject of the
certificate.''; and
(B) in paragraph (3), by striking subparagraph (A) and
inserting the following new subparagraph:
``(A) is valid for the 5-year period beginning on the date
of issuance of the certificate, except that if--
``(i) the charge for operation of the port or terminal is
transferred to a person or entity other than the person or
entity that is the operator on the date of issuance of the
certificate--
``(I) the certificate shall expire on the date that is 30
days after the date of the transfer; and
``(II) the new operator shall be required to submit an
application for a certificate before a certificate may be
issued for the port or terminal; or
``(ii) the certificate is suspended or revoked by the
Secretary, the certificate shall cease to be valid; and'';
and
(2) by striking subsection (d) and inserting the following
new subsection:
``(d)(1) The Secretary shall maintain a list of ports or
terminals with respect to which a certificate issued under
this section--
``(A) is in effect; or
``(B) has been revoked or suspended.
``(2) The Secretary shall make the list referred to in
paragraph (1) available to the general public.''.
(b) Reception Facility Placards.--Section 6(f) of the Act
to Prevent Pollution from Ships (33 U.S.C. 1905(f)) is
amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
[[Page 1997]]
(2) by adding at the end the following new paragraph:
``(2)(A) Not later than 18 months after the date of
enactment of this paragraph, the Secretary shall promulgate
regulations that require the operator of each port or
terminal that is subject to any requirement of the MARPOL
Protocol relating to reception facilities to post a placard
in a location that can easily be seen by port and terminal
users. The placard shall state, at a minimum, that a user of
a reception facility of the port or terminal should report to
the Secretary any inadequacy of the reception facility.''.
(c) Application to Vessels.--
(1) Notice of arrival.--The owner, master, agent, or person
in charge of a vessel shall include in the notice of arrival
required to be submitted to the Captain of the Port of the
port or place of destination pursuant to the Ports and
Waterways Safety Act (33 U.S.C. 1221 et seq.) information
concerning the intention of the owner, master, or person in
charge of the vessel with respect to the disposal of onboard
waste at the port or place of destination.
(2) Compliance reports.--Section 2201(a) of the Marine
Plastic Pollution Research and Control Act of 1987 (Public
Law 100-220; 33 U.S.C. 1902 note) is amended--
(A) by striking ``for a period of 6 years''; and
(B) by inserting before the period at the end the
following: ``and, not later than 1 year after the date of
enactment of the Marine Plastic Pollution Research and
Control Act of 1994, and annually thereafter, shall publish
in the Federal Register a list of the enforcement actions
taken against any domestic or foreign ship (including any
commercial or recreational ship) pursuant to the Act to
Prevent Pollution from Ships (33 U.S.C. 1901 et seq.)''.
(d) Marine Plastic Pollution Research and Control Public
Outreach Program.--Section 2204(a) of the Marine Plastic
Pollution Research and Control Act of 1987 (Public Law 100-
220; 42 U.S.C. 6981 note) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``for a period of at least 3 years,'';
(B) in subparagraph (C), by striking ``and'' at the end;
(C) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following new subparagraph:
``(E) the requirements under this Act and the Act to
Prevent Pollution from Ships (33 U.S.C. 1901 et seq.) with
respect to ships and ports, and the authority of citizens to
report violations of this Act and the Act to Prevent
Pollution from Ships (33 U.S.C. 1901 et seq.).''; and
(2) by striking paragraph (2) and inserting the following
new paragraph:
``(2) Authorized activities.--
``(A) Public outreach program.--A public outreach program
under paragraph (1) may include--
``(i) developing and implementing a voluntary boaters'
pledge program;
``(ii) workshops with interested groups;
``(iii) public service announcements;
``(iv) distribution of leaflets and posters; and
``(v) any other means appropriate to educating the public.
``(B) Grants and cooperative agreements.--To carry out this
section, the Secretary of the department in which the Coast
Guard is operating, the Secretary of Commerce, and the
Administrator of the Environmental Protection Agency are
authorized to award grants, enter into cooperative agreements
with appropriate officials of other Federal agencies and
agencies of States and political subdivisions of States, and
provide other financial assistance to eligible recipients.
``(C) Consultation.--In developing outreach initiatives
targeted at the interested groups that are subject to the
requirements of this title and the Act to Prevent Pollution
from Ships (33 U.S.C. 1901 et seq.), the Secretary of the
department in which the Coast Guard is operating, in
consultation with the Secretary of Commerce, acting through
the Administrator of the National Oceanic and Atmospheric
Administration, and the Administrator of the Environmental
Protection Agency, shall consult with--
``(i) the heads of State agencies responsible for
implementing State boating laws; and
``(ii) the heads of other enforcement agencies that
regulate boaters or commercial fishermen.''.
(e) Coordination.--
(1) Establishment of marine debris coordinating
committee.--The Administrator of the Environmental Protection
Agency shall establish a Marine Debris Coordinating Committee
(referred to in this section as the ``Committee'').
(2) Membership.--The Committee shall include a senior
official from--
(A) the Environmental Protection Agency, who shall serve as
the Chairperson of the Committee;
(B) the National Oceanic and Atmospheric Administration;
(C) the United States Coast Guard;
(D) the United States Navy; and
(E) such other Federal agencies that have an interest in
ocean issues or water pollution prevention and control as the
Administrator of the Environmental Protection Agency
determines appropriate.
(3) Meetings.--The Committee shall meet at least twice a
year to provide a forum to ensure the coordination of
national and international research, monitoring, education,
and regulatory actions addressing the persistent marine
debris problem.
(f) Monitoring.--The Administrator of the Environmental
Protection Agency, in cooperation with the Secretary of
Commerce, acting through the Administrator of the National
Oceanic and Atmospheric Administration, shall utilize the
marine debris data derived under title V of the Marine
Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C.
2801 et seq.) to assist the United States Coast Guard in
assessing the effectiveness of this Act.
SEC. 422. MERCHANT MARINER BENEFITS.
(a) Part G of subtitle II, title 46, United States Code, is
amended by adding the following new chapter:
``Chapter 112--MERCHANT MARINER BENEFITS
``Sec.
``11201. Qualified service.
``11202. Qualified service benefits.
``Sec. 11201. Qualified service
``An individual who was in training for or who served as a
member of the United States merchant marine, including the
Army Transport Service and the Naval Transportation Service,
or who received a letter of induction, before August 16,
1945, is deemed to have been engaged in qualified service for
purposes of this chapter.
``Sec. 11202. Qualified service benefits
``(a) An individual who believes that individual performed
qualified service under section 11201 of this chapter may
apply to the Secretary. Not later than 180 days after the
Secretary receives an application under this section, the
Secretary shall determine whether the individual performed
qualified service.
``(b) The Secretary shall issue an honorable discharge to
an individual who performed qualified service as determined
by the Secretary under subsection (a). The Secretary shall
issue the discharge subject to the standards that apply to
the honorable discharges issued under section 401(a)(1)(b) of
the GI Bill Improvement Act of 1977 (38 U.S.C. 106 note).
``(c) The qualified service of an individual who--
``(1) receives an honorable discharge under subsection (b);
and
``(2) is not eligible for benefits under a law administered
by the Secretary of Veterans Affairs--
shall be treated as active duty for purposes of eligibility
for benefits under chapters 23 and 24 of title 38, United
States Code.
``(d) The Secretary shall reimburse the Secretary of
Veterans Affairs for the value of benefits provided to an
individual by reason of eligibility under this chapter.
``(e) An individual is not entitled to, and may not
receive, benefits under this chapter for any period before
the date of enactment of this chapter.''.
(b) The analysis at the beginning of subtitle II of title
46, United States Code, is amended by inserting after the
item relating to chapter 111 the following:
``112. Merchant mariners benefits.........................11201.''.....
SEC. 423. ANNUAL REPORT ON IMPLEMENTATION OF VESSEL TRAFFIC
SERVICE.
Not later than April 1 of each year after the date of
enactment of this Act, the Secretary of Transportation shall
submit to the Committee on Merchant Marine and Fisheries of
the House of Representatives and the Committee on Commerce,
Science and Transportation of the Senate a report describing
in detail the status of implementation of the Vessel Traffic
Service in all the ports ranked in the Port Needs Study
issued by the Coast Guard in 1991.
SEC. 424. ELECTRONIC FILING OF COMMERCIAL INSTRUMENTS.
Section 31321(a) of title 46, United States Code, is
amended by adding at the end the following new paragraph:
``(4)(A) A bill of sale, conveyance, mortgage, assignment,
or related instrument may be filed electronically under
regulations prescribed by the Secretary.
``(B) A filing made electronically under subparagraph (A)
shall not be effective after the 10-day period beginning on
the date of the filing unless the original instrument is
provided to the Secretary within that 10-day period.''.
SEC. 425. COST ACCOUNTING FOR HAITIAN OPERATIONS.
(a) No later than 30 days after the enactment of this Act,
the Secretary of Transportation shall submit a full
accounting of all Coast Guard costs related to Haiti during
fiscal year 1994 to the Committee on Merchant Marine and
Fisheries in the House of Representatives and to the
Committee on Commerce, Science, and Transportation in the
Senate. This accounting shall include numbers of Coast Guard
personnel involved, the numbers of Coast Guard vessels
involved, and the amount of funds diverted from other Coast
Guard missions.
(b) Until all United States military operations in Haiti
cease, the Secretary of Transportation shall submit monthly
reports on all Coast Guard costs related to Haiti to the
Committee on Merchant Marine and Fisheries in the House of
Representatives and to the Committee on Commerce, Science,
and Transportation in the Senate.
SEC. 426. SENSE OF THE CONGRESS; REQUIREMENT REGARDING
NOTICE.
(a) Purchase of American-Made Equipment and Products.--It
is the sense of the Congress that, to the greatest extent
practicable, all equipment and products pur-
[[Page 1998]]
chased with funds made available under this Act should be
American-made.
(b) Notice to Recipients of Assistance.--In providing
financial assistance under this Act, the Secretary, to the
greatest extent practicable, shall provide to each recipient
of the assistance a notice describing the statement made in
subsection (a) by the Congress.
SEC. 427. SENSE OF THE CONGRESS REGARDING FUNDING FOR COAST
GUARD.
It is the sense of the Congress that in appropriating
amounts for the Coast Guard, the Congress should appropriate
amounts adequate to enable the Coast Guard to carry out all
extraordinary functions and duties the Coast Guard is
required to undertake in addition to its normal functions
established by law.
SEC. 428. PLAN FOR RESCUE OF PASSENGERS ON THE CHESAPEAKE
BAY.
(a) The Secretary of the department in which the Coast
Guard is operating, in consultation with officials of the
States of Maryland and Virginia, and other interested
persons, shall develop and submit to Congress by March 30,
1995, a plan for the rescue of persons transported on
passenger vessels or small passenger vessels on the
Chesapeake Bay.
(b) The plan developed in subsection (a) shall include--
(1) a protocol for command, control, and communications
among Federal, State, and local authorities;
(2) a protocol for training exercises to prepare for an
emergency rescue on the Chesapeake Bay;
(3) an identification of emergency medical personnel that
would be available for an emergency rescue on the Chesapeake
Bay;
(4) an identification of procedures to be followed and
equipment that would be needed in the event of weather that
could result in hypothermia of the passengers; and
(5) a study by the Coast Guard examining the feasibility of
locating a helicopter station on the Chesapeake Bay and in
developing mutual aid agreement with appropriate Federal,
State and local agencies to improve helicopter response time.
TITLE V--RECREATIONAL BOATING SAFETY
SEC. 501. SHORT TITLE.
This title may be cited as the ``Recreational Boating
Safety Improvement Act of 1994''.
SEC. 502. PERSONAL FLOTATION DEVICES REQUIRED FOR CHILDREN.
(a) Prohibition.--Section 4307(a) of title 46, United
States Code, is amended--
(1) in paragraph (2) by striking ``or'' after the semicolon
at the end;
(2) in paragraph (3) by striking the period and inserting
``; or''; and
(3) by adding at the end the following:
``(4) operate a recreational vessel under 26 feet in length
unless each individual 12 years of age or younger wears a
Coast Guard approved personal flotation device when the
individual is on an open deck of the vessel.''.
(b) State Authority Preserved.--Section 4307 of title 46,
United States Code, is further amended by adding at the end
the following:
``(c) Subsection (a)(4) shall not be construed to limit the
authority of a State to establish requirements relating to
the wearing of personal flotation devices on recreational
vessels that are more stringent than that subsection.''.
SEC. 503. ALLOCATION OF FUNDS BASED ON STATE ADOPTION OF LAWS
REGARDING BOATING WHILE INTOXICATED.
Section 13103 of title 46, United States Code, is amended--
(1) by redesignating subsections (a), (b), and (c) in order
as subsections (b), (c), and (d);
(2) by inserting before subsection (b) (as so redesignated)
the following new subsection:
``(a)(1) Beginning in fiscal year 1998, of the amounts
transferred to the Secretary each fiscal year pursuant to
section 4(b) of the Act of August 9, 1950 (16 U.S.C.
777c(b)), the Secretary shall allocate for State recreational
boating safety programs $10,000,000 as follows:
``(A) One-half shall be allocated in accordance with
paragraph (2) among eligible States that--
``(i) prohibit operation of a recreational vessel by an
individual who is under the influence of alcohol or drugs;
and
``(ii) establish a blood alcohol concentration limit of .10
percent or less.
``(B) One-half shall be allocated in accordance with
paragraph (2) among eligible States that--
``(i) prohibit operation of a recreational vessel by an
individual who is under the influence of alcohol or drugs;
and
``(ii) establish an implied consent requirement that
specifies that an individual is deemed to have given their
consent to evidentiary testing for their blood alcohol
concentration or presence of other intoxicating substances.
``(2) Of the amount allocated under subparagraph (A) or (B)
of paragraph (1) each fiscal year--
``(A) one-half shall be allocated equally among all
eligible States receiving an allocation under that
subparagraph for the fiscal year; and
``(B) one-half shall be allocated among those eligible
States so that each such State receives an amount bearing the
same ratio to the total amount allocated under that
subparagraph for the fiscal year as the number of vessels
numbered in that State under a system approved under chapter
123 of this title bears to the total number of vessels
numbered under approved systems of all States receiving an
allocation under that subparagraph for the fiscal year.'';
(3) in subsection (b) (as so redesignated) in the matter
preceding paragraph (1) by inserting ``the balance of
remaining'' after ``allocate''; and
(4) by adding at the end the following new subsection:
``(e) A State shall not be ineligible for an allocation
under subsection (a) because of the adoption by the State of
any requirement relating to the operation of a recreational
vessel while under the influence of alcohol or drugs that is
more stringent than the requirements for receiving the
allocation.''.
SEC. 504. MARINE CASUALTY REPORTING.
(a) Submission of Plan.--Not later than one year after
enactment of this Act, the Secretary of Transportation shall,
in consultation with appropriate State agencies, submit to
the Committee on Merchant Marine and Fisheries of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a plan to increase reporting
of vessel accidents to appropriate State law enforcement
officials.
(b) Penalties for Violating Reporting Requirements.--
Section 6103(a) of title 46, United States Code, is amended
by inserting ``or 6102'' after ``6101'' the second place it
appears.
SEC. 505. REQUIRING VIOLATORS TO TAKE RECREATIONAL BOATING
SAFETY COURSE.
(a) Negligent Operation.--Section 2302 of title 46, United
States Code, is amended by adding at the end the following:
``(e) An individual operating a recreational vessel in
violation of this section shall complete a boating safety
course approved by the Secretary.''.
(b) Other Violations.--Section 4311 of title 46, United
States Code, is amended by adding at the end the following:
``(h) A person who operates a recreational vessel in
violation of this chapter or a regulation prescribed under
this chapter may be ordered to complete a recreational
boating safety course approved by the Secretary.''.
SEC. 506. TECHNICAL CORRECTIONS.
Section 13108(a)(1) of title 46, United States Code, is
amended by--
(1) striking ``proceeding'' and inserting ``preceding'';
and
(2) striking ``Secertary'' and inserting ``Secretary''.
TITLE VI--TOWING VESSEL NAVIGATIONAL SAFETY
SEC. 601. SHORT TITLE.
This title may be cited as the ``Towing Vessel Navigational
Safety Act of 1994''.
SEC. 602. MINIMUM NAVIGATIONAL SAFETY EQUIPMENT FOR TOWING
VESSELS.
(a) In General.--Section 4102 of title 46, United States
Code, is amended by adding at the end the following:
``(f)(1) In prescribing regulations for towing vessels, the
Secretary shall--
``(A) consider the characteristics, methods of operation,
and nature of the service of towing vessels;
``(B) consult with the Towing Safety Advisory Committee;
and
``(C) require, to the extent appropriate, the installation,
maintenance, and use of and familiarity with the following
equipment on each towing vessel, other than a towing vessel
that is used only for towing disabled vessels:
``(i) A radar system.
``(ii) An electronic position-fixing device.
``(iii) A sonic depth finder.
``(iv) A compass or swing meter.
``(v) Adequate towing wire and associated equipment.
``(vi) Up-to-date navigational charts and publications for
the areas normally transited by the vessel.
``(vii) Other safety equipment the Secretary determines to
be necessary.
``(2) The Secretary shall establish in regulations under
this chapter requirements that--
``(A) any equipment required on a towing vessel under
paragraph (1) shall be maintained in effective operating
condition; and
``(B) if such equipment on a vessel ceases to operate, the
master of the vessel shall exercise due diligence to restore
the equipment to effective operating condition, or cause it
to be restored to that condition, at the earliest practicable
date.''.
(b) Regulations.--The Secretary of Transportation shall
issue regulations by not later than 12 months after the date
of the enactment of this Act, prescribing navigational
publication and equipment requirements under subsection (f)
of section 4102 of title 46, United States Code, as added by
subsection (a) of this section.
SEC. 603. REPORTING MARINE CASUALTIES.
(a) Expedited Reporting Required.--Section 6101(b) of title
46, United States Code, is amended by striking ``within 5
days'' and inserting ``by as soon as practicable, but in no
case later than within 5 days,''.
(b) Penalty for Failure To Report a Casualty.--Section
6103(a) of title 46, United States Code is amended by
striking ``$1,000'' and inserting ``not more than $25,000''.
SEC. 604. REPORT ON FEASIBILITY OF ESTABLISHING A
DIFFERENTIAL GLOBAL POSITIONING SATELLITE
NAVIGATION SYSTEM AND ELECTRONIC CHARTS FOR
INLAND WATERWAYS.
Not later than 6 months after the date of the enactment of
this Act, the Secretary of Transportation shall submit a
report to the Congress on the feasibility of establishing a
[[Page 1999]]
differential global positioning satellite navigation system
and creating electronic charts for the inland waterways of
the United States.
SEC. 605. PROTECTION OF SEAMEN AGAINST DISCRIMINATION.
Section 2114 of title 46, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) An owner, charterer, managing operator, agent,
master, or individual in charge of a vessel may not
discharge, temporarily remove, or in any manner discriminate
against a seaman because the seaman--
``(1) in good faith has reported or is about to report to
the Coast Guard that the seaman believes that a violation of
this subtitle, or a regulation issued under this subtitle,
has occurred; or
``(2) refuses to violate this subtitle or a regulation
issued under this subtitle.''; and
(2) in subsection (b)--
(A) in paragraph (1) by striking ``and'' after the
semicolon;
(B) in paragraph (2) by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(3) an award of cost and reasonable attorney's fees to
the prevailing plaintiff.''.
SEC. 606. MANNING AND LICENSING REQUIREMENTS FOR TOWING
VESSELS.
(a) Manning Requirements.--Section 8904 of title 46, United
States Code, is amended by adding at the end the following:
``(c) A towing vessel, other than a vessel referred to in
subsection (b), shall--
``(1) while being operated, have on board an individual
licensed by the Secretary as a master of that type of towing
vessel; and
``(2) be operated by an individual licensed by the
Secretary to operate that type of towing vessel.''.
(b) Regulations Establishing Licenses for Masters and
Operators.--Section 7101 of title 46, United States Code, is
amended by adding at the end the following:
``(j)(1) The Secretary shall prescribe regulations which
establish licenses for masters and mates of towing vessels.
``(2) Regulations under this subsection shall provide that
an individual may be issued a license as a master or mate of
a towing vessel only if the individual--
``(A) demonstrates proficiency in the use of the equipment
required pursuant to section 4102(f)(1)(C) of this title; and
``(B) demonstrates proficiency in operating a towing
vessel.
``(3) Regulations under this subsection may establish
standards and procedures under which the Secretary may
delegate, to individuals who have experience in the operation
of towing vessels and to other qualified persons, the
authority to conduct examinations required for the issuance
of a license as a master or mate of a towing vessel.''.
(c) Existing Uninspected Towing Vessel Operator License
Holders.--An uninspected towing vessel operator license that
is valid on the date of enactment of this Act shall be valid
as a master or mate license required by section 8904 of title
46, United States Code, as amended by this section, until
otherwise required to be renewed. The Secretary shall require
that an individual applying for a first renewal of such a
license as a master or mate license under that section
demonstrate proficiency under the requirements of section
7101(j) of title 46, United States Code, as added by this
section.
(d) Effective Date.--The amendments made by this section
shall take effect 2 years after the date of the enactment of
this Act.
(e) Deadline for Regulations.--The Secretary of the
department in which the Coast Guard is operating shall issue
regulations under the amendments made by this section by not
later than 1 year after the date of the enactment of this
Act.
SEC. 607. CIVIL PENALTIES.
(a) Prohibited Operation of Uninspected Towing Vessel,
Generally.--Section 4106 of title 46, United States Code, is
amended by striking ``$5,000'' and inserting ``$25,000''.
(b) Operation of Uninspected Towing Vessel in Violation of
Manning Requirements.--Section 8906 of title 46, United
States Code, is amended by striking ``$1,000'' and inserting
``not more than $25,000''.
SEC. 608. MODEL TOWING VESSEL COMPANY INSPECTION PROGRAM.
Not later than 1 year after the date of the enactment of
this Act, the Secretary of the department in which the Coast
Guard is operating, in consultation with the Towing Safety
Advisory Committee, shall--
(1) develop a model towing vessel company inspection
program, including a Coast Guard boarding program to
determine compliance with the model program; and
(2) submit to the Congress for its approval the model
program and a description of the statutory changes necessary
to implement the model program.
SEC. 609. MERCHANT MARINERS' DOCUMENTS REQUIRED.
(a) Requirement.--Section 8701(a) of title 46, United
States Code, is amended--
(1) by striking ``100'' and inserting ``5'';
(2) in paragraph (1), by striking ``a vessel operating only
on rivers and lakes (except the Great Lakes);'' and inserting
``a small passenger vessel, or an uninspected passenger
vessel;'';
(3) by striking paragraph (2), and redesignating the
subsequent paragraphs accordingly; and
(4) in paragraph (6) (as so redesignated) by striking
``clause (6)'' and inserting ``paragraph (5)''.
(b) Exceptions.--Section 8701(b) of title 46, United States
Code, is amended--
(1) by striking ``A person'' and inserting ``(1) Except as
provided in paragraph (2), a person''; and
(2) by adding at the end the following:
``(2) The Secretary shall prescribe regulations which
exempt from paragraph (1)--
``(A) engagement or employment of an individual in any
position, on a passenger vessel, that is not listed in the
Certificate of Inspection for the vessel;
``(B) engagement or employment of an individual in any
position, on a vessel of a type to which this section did not
apply on the day before the date of enactment of the Towing
Vessel Navigational Safety Act of 1994, for which the
individual is required to hold a license issued by the
Secretary under this title; and
``(C) service by an individual in a position described in
subparagraph (A) or (B).''.
(c) User Fee Exemption and Privacy of Information.--
(1) User fee exemption.--The Secretary of Transportation
may not collect a fee or charge under section 2110 of title
46, United States Code, for any service related to a merchant
mariner's document required to be obtained under this title.
(2) Privacy of information.--The Secretary of
Transportation may not make available to a member of the
public any personal information concerning an individual
required to obtain a merchant mariner's document under this
title.
(d) Effective Date.--The amendments made by this section
shall take effect 2 years after the date of the enactment of
this Act.
TITLE VII--COAST GUARD REGULATORY REFORM
SEC. 701. SHORT TITLE.
This title may be cited as the ``Coast Guard Regulatory
Reform Act of 1994''.
SEC. 702. SAFETY MANAGEMENT.
(a) Management of Vessels.--Title 46, United States Code,
is amended by adding after chapter 31 the following new
chapter:
``CHAPTER 32--MANAGEMENT OF VESSELS
``Sec.
``3201. Definitions.
``3202. Application.
``3203. Safety management system.
``3204. Implementation of safety management system.
``3205. Certification.
``Sec. 3201. Definitions
``In this chapter--
``(1) `International Safety Management Code' has the same
meaning given that term in chapter IX of the Annex to the
International Convention for the Safety of Life at Sea, 1974;
``(2) `responsible person' means--
``(A) the owner of a vessel to which this chapter applies;
or
``(B) any other person that has--
``(i) assumed the responsibility for operation of a vessel
to which this chapter applies from the owner; and
``(ii) agreed to assume with respect to the vessel
responsibility for complying with all the requirements of
this chapter and the regulations prescribed under this
chapter.
``(3) `vessel engaged on a foreign voyage' means a vessel
to which this chapter applies--
``(A) arriving at a place under the jurisdiction of the
United States from a place in a foreign country;
``(B) making a voyage between places outside the United
States; or
``(C) departing from a place under the jurisdiction of the
United States for a place in a foreign country.
``Sec. 3202. Application
``(a) Mandatory Application.--This chapter applies to the
following vessels engaged on a foreign voyage:
``(1) Beginning July 1, 1998--
``(A) a vessel transporting more than 12 passengers
described in section 2101(21)(A) of this title; and
``(B) a tanker, bulk freight vessel, or high-speed freight
vessel, of at least 500 gross tons.
``(2) Beginning July 1, 2002, a freight vessel and a mobile
offshore drilling unit of at least 500 gross tons.
``(b) Voluntary Application.--This chapter applies to a
vessel not described in subsection (a) of this section if the
owner of the vessel requests the Secretary to apply this
chapter to the vessel.
``(c) Exception.--Except as provided in subsection (b) of
this section, this chapter does not apply to--
``(1) a barge;
``(2) a recreational vessel not engaged in commercial
service;
``(3) a fishing vessel;
``(4) a vessel operating on the Great Lakes or its
tributary and connecting waters; or
``(5) a public vessel.
``Sec. 3203. Safety management system
``(a) In General.--The Secretary shall prescribe
regulations which establish a safety management system for
responsible persons and vessels to which this chapter
applies, including--
``(1) a safety and environmental protection policy;
``(2) instructions and procedures to ensure safe operation
of those vessels and protection of the environment in
compliance with international and United States law;
``(3) defined levels of authority and lines of
communications between, and among, personnel on shore and on
the vessel;
``(4) procedures for reporting accidents and
nonconformities with this chapter;
[[Page 2000]]
``(5) procedures for preparing for and responding to
emergency situations; and
``(6) procedures for internal audits and management reviews
of the system.
``(b) Compliance With Code.--Regulations prescribed under
this section shall be consistent with the International
Safety Management Code with respect to vessels engaged on a
foreign voyage.
``Sec. 3204. Implementation of safety management system
``(a) Safety Management Plan.--Each responsible person
shall establish and submit to the Secretary for approval a
safety management plan describing how that person and vessels
of the person to which this chapter applies will comply with
the regulations prescribed under section 3203(a) of this
title.
``(b) Approval.--Upon receipt of a safety management plan
submitted under subsection (a), the Secretary shall review
the plan and approve it if the Secretary determines that it
is consistent with and will assist in implementing the safety
management system established under section 3203.
``(c) Prohibition on Vessel Operation.--A vessel to which
this chapter applies under section 3202(a) may not be
operated without having on board a Safety Management
Certificate and a copy of a Document of Compliance issued for
the vessel under section 3205 of this title.
``Sec. 3205. Certification
``(a) Issuance of Certificate and Document.--After
verifying that the responsible person for a vessel to which
this chapter applies and the vessel comply with the
applicable requirements under this chapter, the Secretary
shall issue for the vessel, on request of the responsible
person, a Safety Management Certificate and a Document of
Compliance.
``(b) Maintenance of Certificate and Document.--A Safety
Management Certificate and a Document of Compliance issued
for a vessel under this section shall be maintained by the
responsible person for the vessel as required by the
Secretary.
``(c) Verification of Compliance.--The Secretary shall--
``(1) periodically review whether a responsible person
having a safety management plan approved under section
3204(b) and each vessel to which the plan applies is
complying with the plan; and
``(2) revoke the Secretary's approval of the plan and each
Safety Management Certificate and Document of Compliance
issued to the person for a vessel to which the plan applies,
if the Secretary determines that the person or a vessel to
which the plan applies has not complied with the plan.
``(d) Enforcement.--At the request of the Secretary, the
Secretary of the Treasury shall withhold or revoke the
clearance required by section 4197 of the Revised Statutes
(46 App. U.S.C. 91) of a vessel that is subject to this
chapter under section 3202(a) of this title or to the
International Safety Management Code, if the vessel does not
have on board a Safety Management Certificate and a copy of a
Document of Compliance for the vessel. Clearance may be
granted on filing a bond or other surety satisfactory to the
Secretary.''.
(b) Clerical Amendment.--The table of chapters at the
beginning of subtitle II of title 46, United States Code, is
amended by inserting after the item relating to chapter 31
the following:
``32. Management of vessels.................................3201''.....
(c) Study.--
(1) Study.--The Secretary of the department in which the
Coast Guard is operating shall conduct, in cooperation with
the owners, charterers, and managing operators of vessels
documented under chapter 121 of title 46, United States Code,
and other interested persons, a study of the methods that may
be used to implement and enforce the International Management
Code for the Safe Operation of Ships and for Pollution
Prevention under chapter IX of the Annex to the International
Convention for the Safety of Life at Sea, 1974.
(2) Report.--The Secretary shall submit to the Congress a
report of the results of the study required under paragraph
(1) before the earlier of--
(A) the date that final regulations are prescribed under
section 3203 of title 46, United States Code (as enacted by
subsection (a); or
(B) the date that is 1 year after the date of enactment of
this Act.
SEC. 703. USE OF REPORTS, DOCUMENTS, RECORDS, AND
EXAMINATIONS OF OTHER PERSONS.
(a) Reports, Documents, and Records.--Chapter 31 of title
46, United States Code, is amended by adding the following
new section:
``Sec. 3103. Use of reports, documents, and records
``The Secretary may rely, as evidence of compliance with
this subtitle, on--
``(1) reports, documents, and records of other persons who
have been determined by the Secretary to be reliable; and
``(2) other methods the Secretary has determined to be
reliable.''.
(b) Clerical Amendment.--The table of sections for chapter
31 of title 46, United States Code, is amended by adding at
the end the following:
``3103. Use of reports, documents, and records.''.
(c) Examinations.--Section 3308 of title 46, United States
Code, is amended by inserting ``or have examined'' after
``examine''.
SEC. 704. EQUIPMENT APPROVAL.
(a) In General.--Section 3306(b) of title 46, United States
Code, is amended to read as follows:
``(b)(1) Equipment and material subject to regulation under
this section may not be used on any vessel without prior
approval of the Secretary.
``(2) Except with respect to use on a public vessel, the
Secretary may treat an approval of equipment or materials by
a foreign government as approval by the Secretary for
purposes of paragraph (1) if the Secretary determines that--
``(A) the design standards and testing procedures used by
that government meet the requirements of the International
Convention for the Safety of Life at Sea, 1974;
``(B) the approval of the equipment or material by the
foreign government will secure the safety of individuals and
property on board vessels subject to inspection; and
``(C) for lifesaving equipment, the foreign government--
``(i) has given equivalent treatment to approvals of
lifesaving equipment by the Secretary; and
``(ii) otherwise ensures that lifesaving equipment approved
by the Secretary may be used on vessels that are documented
and subject to inspection under the laws of that country.''.
(b) Foreign Approvals.--The Secretary of Transportation, in
consultation with other interested Federal agencies, shall
work with foreign governments to have those governments
approve the use of the same equipment and materials on
vessels documented under the laws of those countries that the
Secretary requires on United States documented vessels.
(c) Technical Amendment.--Section 3306(a)(4) of title 46,
United States Code, is amended by striking ``clauses (1)-
(3)'' and inserting ``paragraphs (1), (2), and (3)''.
SEC. 705. FREQUENCY OF INSPECTION.
(a) Frequency of Inspection, Generally.--Section 3307 of
title 46, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``nautical school vessel'' and inserting
``, nautical school vessel, and small passenger vessel
allowed to carry more than 12 passengers on a foreign
voyage''; and
(B) by adding ``and'' after the semicolon at the end;
(2) by striking paragraph (2) and redesignating paragraph
(3) as paragraph (2); and
(3) in paragraph (2) (as so redesignated), by striking ``2
years'' and inserting ``5 years''.
(b) Conforming Amendment.--Section 3710(b) of title 46,
United States Code, is amended by striking ``24 months'' and
inserting ``5 years''.
SEC. 706. CERTIFICATE OF INSPECTION.
Section 3309(c) of title 46, United States Code, is amended
by striking ``(but not more than 60 days)''.
SEC. 707. DELEGATION OF AUTHORITY OF SECRETARY TO
CLASSIFICATION SOCIETIES.
(a) Authority To Delegate.--Section 3316 of title 46,
United States Code, is amended--
(1) by striking subsections (a) and (d);
(2) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively; and
(3) in subsection (b), as so redesignated, by--
(A) redesignating paragraph (2) as paragraph (3); and
(B) striking so much of the subsection as precedes
paragraph (3), as so redesignated, and inserting the
following:
``(b)(1) The Secretary may delegate to the American Bureau
of Shipping or another classification society recognized by
the Secretary as meeting acceptable standards for such a
society, for a vessel documented or to be documented under
chapter 121 of this title, the authority to--
``(A) review and approve plans required for issuing a
certificate of inspection required by this part;
``(B) conduct inspections and examinations; and
``(C) issue a certificate of inspection required by this
part and other related documents.
``(2) The Secretary may make a delegation under paragraph
(1) to a foreign classification society only--
``(A) to the extent that the government of the foreign
country in which the society is headquartered delegates
authority and provides access to the American Bureau of
Shipping to inspect, certify, and provide related services to
vessels documented in that country; and
``(B) if the foreign classification society has offices and
maintains records in the United States.''.
(b) Conforming Amendments.--(1) The heading for section
3316 of title 46, United States Code, is amended to read as
follows:
``Sec. 3316. Classification societies''.
(2) The table of sections for chapter 33 of title 46,
United States Code, is amended by striking the item relating
to section 3316 and inserting the following:
``3316. Classification societies.''.
SEC. 708. STUDY OF MARINE CASUALTY REPORTING REQUIREMENTS.
The Coast Guard shall, within 9 months after the effective
date of this title, conduct a study of current regulatory
requirements regarding the reporting of marine casualties
under section 6101 of title 46, United States Code, to
determine whether--
(1) marine casualties should be classified according to the
seriousness of nonfatal casualties;
[[Page 2001]]
(2) further regulations pertaining to the necessity for
alcohol and drug testing for each classification need to be
proposed;
(3) the regulations may exclude certain non-serious
casualties from the requirement that drug or alcohol testing
be performed; and
(4) the reporting of certain marine casualties that may be
classified as minor may be done on a quarterly basis.
TITLE VIII--UNITED STATES CRUISE VESSEL DEVELOPMENT
SEC. 801. SHORT TITLE.
This title may be cited as the ``United States Cruise
Vessel Development Act''.
SEC. 802. PURPOSE.
The purpose of this title is to promote construction and
operation of United States flag cruise vessels in the United
States.
SEC. 803. COASTWISE TRANSPORTATION OF PASSENGERS.
Section 8 of the Act entitled ``An Act to abolish certain
fees for official services to American vessels, and to amend
the laws relating to shipping commissioners, seamen, and
owners of vessels, and for other purposes'', approved June
19, 1886 (46 App. U.S.C. 289), is amended to read as follows:
``SEC. 8. COASTWISE TRANSPORTATION OF PASSENGERS.
``(a) In General.--Except as otherwise provided by law, a
vessel may transport passengers in coastwise trade only if--
``(1) the vessel is owned by a person that is--
``(A) an individual who is a citizen of the United States;
or
``(B) a corporation, partnership, or association that is a
citizen of the United States under section 2(a) of the
Shipping Act, 1916;
``(2) the vessel meets the requirements of section 27 of
the Merchant Marine Act, 1920; and
``(3) for a vessel that is at least 5 net tons, the vessel
is issued a certificate of documentation under chapter 121 of
title 46, United States Code, with a coastwise endorsement.
``(b) Exception for Vessel Under Demise Charter.--
``(1) In general.--Subsection (a)(1) does not apply to a
cruise vessel operating under a demise charter that--
``(A) has a term of at least 18 months; and
``(B) is to a person described in subsection (a)(1).
``(2) Extension of period for operation.--A cruise vessel
authorized to operate in coastwise trade under paragraph (1)
based on a demise charter described in paragraph (1) may
operate in that coastwise trade during a period following the
termination of the charter of not more than 6 months, if the
operation--
``(A) is approved by the Secretary; and
``(B) in accordance with such terms as may be prescribed by
the Secretary for that approval.
``(c) Exception for Vessel To Be Reflagged.--
``(1) Exception.--Subsection (a)(2) and section
12106(a)(2)(A) of title 46, United States Code, do not apply
to a cruise vessel if--
``(A) the vessel--
``(i) is not documented under chapter 121 of title 46,
United States Code, on the date of enactment of the United
States Cruise Vessel Development Act; and
``(ii) is not less than 5 years old and not more than 15
years old on the first date that the vessel is documented
under that chapter after that date of enactment; and
``(B) the owner or charterer of the vessel has entered into
a contract for the construction in the United States of
another cruise vessel that has a total berth or stateroom
capacity that is at least 80 percent of the capacity of the
cruise vessel.
``(2) Termination of authority to operate.--Paragraph (1)
does not apply to a vessel after the date that is 18 months
after the date on which a certificate of documentation with a
coastwise endorsement is first issued for the vessel after
the date of enactment of the United States Cruise Vessel
Development Act if, before the end of that 18-month period,
the keel of another vessel has not been laid, or another
vessel is not at a similar stage of construction, under a
contract required for the vessel under paragraph (1)(B).
``(3) Extension of period before termination.--The
Secretary of Transportation may extend the period under
paragraph (2) for not more than 6 months for good cause
shown.
``(d) Limitation on Operations.--A person (including a
related person with respect to that person) that owns or
charters a cruise vessel operating in coastwise trade under
subsection (b) or (c) under a coastwise endorsement may not
operate any vessel between--
``(1) any 2 ports served by another cruise vessel that
transports passengers in coastwise trade under subsection (a)
on the date the Secretary issues the coastwise endorsement;
or
``(2) the islands of Hawaii.
``(e) Penalties.--
``(1) Civil penalty.--A person operating a vessel in
violation of this section is liable to the United States
Government for a civil penalty of $1,000 for each passenger
transported in violation of this section.
``(2) Forfeiture.--A vessel operated in knowing violation
of this section, and its equipment, are liable to seizure by
and forfeiture to the United States Government.
``(3) Disqualification from coastwise trade.--A person that
is required to enter into a construction contract under
subsection (c)(1)(B) with respect to a cruise vessel
(including any related person with respect to that person)
may not own or operate any vessel in coastwise trade after
the period applicable under subsection (c)(2) with respect to
the cruise vessel, if before the end of that period a keel is
not laid and a similar stage of construction is not reached
under such a contract.
``(f) Definitions.--In this section--
``(1) the term `coastwise trade' includes transportation of
a passenger between points in the United States, either
directly or by way of a foreign port;
``(2) the term `cruise vessel' means a vessel that--
``(A) is at least 10,000 gross tons (as measured under
chapter 143 of title 46, United States Code);
``(B) has berth or stateroom accommodations for at least
200 passengers; and
``(C) is not a ferry; and
``(3) the term `related person' means, with respect to a
person--
``(A) a holding company, subsidiary, affiliate, or
association of the person; and
``(B) an officer, director, or agent of the person or of an
entity referred to in subparagraph (A).''.
SEC. 804. CONSTRUCTION STANDARDS.
Section 3309 of title 46, United States Code, is amended by
adding at the end the following:
``(d)(1) A vessel described in paragraph (3) is deemed to
comply with parts B and C of this subtitle.
``(2) The Secretary shall issue a certificate of inspection
under subsection (a) to a vessel described in paragraph (3).
``(3) A vessel is described in this paragraph if--
``(A) it meets the standards and conditions for the
issuance of a control verification certificate to a foreign
vessel embarking passengers in the United States;
``(B) a coastwise endorsement is issued for the vessel
under section 12106 of this title after the date of enactment
of the United States Cruise Vessel Development Act; and
``(C) the vessel is authorized to engage in coastwise trade
by reason of section 8(c) of the Act entitled `An Act to
abolish certain fees for official services to American
vessels, and to amend the laws relating to shipping
commissioners, seamen, and owners of vessels, and for other
purposes', approved of June 19, 1886.''.
SEC. 805. CITIZENSHIP FOR PURPOSES OF DOCUMENTATION.
Section 2 of the Shipping Act, 1916 (46 App. U.S.C. 802),
is amended--
(1) in subsection (a) by inserting ``other than primarily
in the transport of passengers,'' after ``the coastwise
trade''; and
(2) by adding at the end the following:
``(e) For purposes of determining citizenship under
subsection (a) with respect to operation of a vessel
primarily in the transport of passengers in coastwise trade,
the controlling interest in a partnership or association that
owns the vessel shall not be deemed to be owned by citizens
of the United States unless a majority interest in the
partnership or association is owned by citizens of the United
States free from any trust or fiduciary obligation in favor
of any person that is not a citizen of the United States.''.
SEC. 806. AMENDMENT TO TITLE XI OF THE MERCHANT MARINE ACT,
1936.
Section 1101(b) of the Merchant Marine Act, 1936 (46 App.
U.S.C. 1271(b)) is amended by striking ``passenger cargo''
and inserting ``passenger, cargo,''.
SEC. 807. PERMITS FOR VESSELS ENTERING UNITS OF NATIONAL PARK
SYSTEM.
(a) Priority.--Notwithstanding any other provision of law,
the Secretary of the Interior may not permit a person to
operate a vessel in any unit of the National Park System
except in accordance with the following priority:
(1) First, any person that--
(A) will operate a vessel that is documented under the laws
of, and the home port of which is located in, the United
States; or
(B) holds rights to provide visitor services under section
1307(a) of the Alaska National Interest Lands Conservation
Act (16 U.S.C. 3197(A)).
(2) Second, any person that will operate a vessel that--
(A) is documented under the laws of a foreign country, and
(B) on the date of the enactment of this Act is permitted
to be operated by the person in the unit.
(3) Third, any person that will operate a vessel other than
a vessel described in paragraph (1) or (2).
(b) Revocation of Permits for Foreign-Documented Vessels.--
The Secretary of the Interior shall revoke or refuse to renew
permission granted by the Secretary for the operation of a
vessel documented under the laws of a foreign country in a
unit of the National Park System, if--
(1) a person requests permission to operate a vessel
documented under the laws of the United States in that unit;
and
(2) the permission may not be granted because of a limit on
the number of permits that may be issued for that operation.
(c) Restrictions on Revocation of Permits.--The Secretary
of the Interior may not revoke or refuse to renew permission
under subsection (b) for any person holding rights to provide
visitor services under section 1307(a) of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3197(a)).
(d) Return of Permits.--Any person whose permission to
provide visitors services in a unit of the National Park
System has been revoked or not renewed under subsection (b)
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shall have the right of first refusal to a permit to provide
visitors services in that unit of the National Park System
that becomes available when the conditions described in
subsection (b) no longer apply. Such right shall be limited
to the number of permits which are revoked or not renewed.
TITLE IX--BOATING IMPROVEMENT
SEC. 901. SHORT TITLE.
This title may be cited as the ``Boating Improvement Act of
1994''.
SEC. 902. BOATING SAFETY GRANTS.
(a) Transfer of Amounts for State Boating Safety
Programs.--
(1) Transfers.--Section 4(b) of the Act of August 9, 1950
(16 U.S.C. 777c(b)), is amended to read as follows:
``(b)(1) Of the balance of each annual appropriation
remaining after making the distribution under subsection (a),
an amount equal to $15,000,000 for fiscal year 1995,
$40,000,000 for fiscal year 1996, $55,000,000 for fiscal year
1997, and $69,000,000 for each of fiscal years 1998 and 1999,
shall, subject to paragraph (2), be used as follows:
``(A) A sum equal to $7,500,000 of the amount available for
fiscal year 1995, and a sum equal to $10,000,000 of the
amount available for each of fiscal years 1996 and 1997,
shall be available for use by the Secretary of the Interior
for grants under section 5604(c) of the Clean Vessel Act of
1992. Any portion of such a sum available for a fiscal year
that is not obligated for those grants before the end of the
following fiscal year shall be transferred to the Secretary
of Transportation and shall be expended by the Secretary of
Transportation for State recreational boating safety programs
under section 13106 of title 46, United States Code.
``(B) A sum equal to $7,500,000 of the amount available for
fiscal year 1995, $30,000,000 of the amount available for
fiscal year 1996, $45,000,000 of the amount available for
fiscal year 1997, and $59,000,000 of the amount available for
each of fiscal years 1998 and 1999, shall be transferred to
the Secretary of Transportation and shall be expended by the
Secretary of Transportation for State recreational boating
safety programs under section 13106 of title 46, United
States Code.
``(C) A sum equal to $10,000,000 of the amount available
for each of fiscal years 1998 and 1999 shall be available for
use by the Secretary of the Interior for--
``(i) grants under section 903(e) of the Boating
Improvement Act of 1994; and
``(ii) grants under section 5604(c) of the Clean Vessel Act
of 1992.
Any portion of such a sum available for a fiscal year that is
not obligated for those grants before the end of the
following fiscal year shall be transferred to the Secretary
of Transportation and shall be expended by the Secretary of
Transportation for State recreational boating safety programs
under section 13106 of title 46, United States Code.
``(2)(A) Beginning with fiscal year 1996, the amount
transferred under paragraph (1)(B) for a fiscal year shall be
reduced by the lesser of--
``(i) the amount appropriated to the Secretary of
Transportation for that fiscal year to carry out the purposes
of section 13106 of title 46, United States Code, from the
Boat Safety Account in the Aquatic Resources Trust Fund
established under section 9504 of the Internal Revenue Code
of 1986; or
``(ii) $35,000,000; or
``(iii) for fiscal year 1996 only, $30,000,000.
``(B) The amount of any reduction under subparagraph (A)
shall be apportioned among the several States under
subsection (d) by the Secretary of the Interior.''.
(2) Conforming amendment.--Section 5604(c)(1) of the Clean
Vessel Act of 1992 (33 U.S.C. 1322 note) is amended by
striking ``section 4(b)(2) of the Act of August 9, 1950 (16
U.S.C. 777c(b)(2), as amended by this Act)'' and inserting
``section 4(b)(1) of the Act of August 9, 1950 (16 U.S.C.
777c(b)(1))''.
(3) Limitation on other distribution.--Notwithstanding any
other law, the amount distributed under section 4(a) of the
Act of August 9, 1950 (16 U.S.C. 777c(a)), in fiscal year
1996 may not exceed $50,000,000.
(b) Expenditure of Amounts for State Recreational Boating
Safety Programs.--Section 13106 of title 46, United States
Code, is amended--
(1) in subsection (a)(1) by striking the first sentence and
inserting the following: ``Subject to paragraph (2), the
Secretary shall expend under contracts with States under this
chapter in each fiscal year for State recreational boating
safety programs an amount equal to the sum of the amount
appropriated from the Boat Safety Account for that fiscal
year plus the amount transferred to the Secretary under
section 4(b)(1) of the Act of August 9, 1950 (16 U.S.C.
777c(b)(1)) for that fiscal year.''; and
(2) by amending subsection (c) to read as follows:
``(c) For expenditure under this chapter for State
recreational boating safety programs there are authorized to
be appropriated to the Secretary of Transportation from the
Boat Safety Account established under section 9503(c)(4) of
the Internal Revenue Code of 1986 (26 U.S.C. 9503(c)(4)) not
more than $35,000,000 each fiscal year.''.
SEC. 903. BOATING ACCESS.
(a) Findings.--The Congress makes the following findings:
(1) Nontrailerable recreational motorboats contribute 15
percent of the gasoline taxes deposited in the Aquatic
Resources Trust Fund while constituting less than 5 percent
of the recreational vessels in the United States.
(2) The majority of recreational vessel access facilities
constructed with Aquatic Resources Trust Fund moneys benefit
trailerable recreational vessels.
(3) More Aquatic Resources Trust Fund moneys should be
spent on recreational vessel access facilities that benefit
recreational vessels that are nontrailerable vessels.
(b) Purpose.--The purpose of this section is to provide
funds to States for the development of public facilities for
transient nontrailerable vessels.
(c) Survey.--Within 18 months after the date of the
enactment of this Act, any State may complete and submit to
the Secretary of the Interior a survey which identifies--
(1) the number and location in the State of all public
facilities for transient nontrailerable vessels; and
(2) the number and areas of operation in the State of all
nontrailerable vessels that operate on navigable waters in
the State.
(d) Plan.--Within 6 months after submitting a survey to the
Secretary of the Interior in accordance with subsection (c),
a State may develop and submit to the Secretary of the
Interior a plan for the construction and renovation of public
facilities for transient nontrailerable vessels to meet the
needs of nontrailerable vessels operating on navigable waters
in the State.
(e) Grant Program.--
(1) Matching grants.--The Secretary of the Interior may
obligate not less than \1/2\ of the amount made available for
each of fiscal years 1998 and 1999 under section 4(b)(1)(C)
of the Act of August 9, 1950, as amended by section 902(a)(1)
of this title, to make grants to any State to pay not more
than 75 percent of the cost of constructing or renovating
public facilities for transient nontrailerable vessels.
(2) Priorities.--
(A) In general.--In awarding grants under this subsection,
the Secretary of the Interior shall give priority to projects
that consist of the construction or renovation of public
facilities for transient nontrailerable vessels in accordance
with a plan submitted by a State submitted under subsection
(b).
(B) Within state.--In awarding grants under this subsection
for projects in a particular State, the Secretary of the
Interior shall give priority to projects that are likely to
serve the greatest number of nontrailerable vessels.
SEC. 904. DEFINITIONS.
For the purpose of this title the term--
(1) ``Act of August 9, 1950'' means the Act entitled ``An
Act to provide that the United States shall aid the States in
fish restoration and management projects, and for other
purposes'', approved August 9, 1950 (16 U.S.C. 777a et seq.);
(2) ``nontrailerable vessel'' means a recreational vessel
greater than 26 feet in length;
(3) ``public facilities for transient nontrailerable
vessels'' means mooring buoys, day-docks, seasonal slips or
similar structures located on navigable waters, that are
available to the general public and designed for temporary
use by nontrailerable vessels;
(4) ``recreational vessel'' means a vessel--
(A) operated primarily for pleasure; or
(B) leased, rented, or chartered to another for the
latter's pleasure; and
(5) ``State'' means each of the several States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands.
TITLE X--DOCUMENTATION OF VESSELS
SEC. 1001. AUTHORIZATION OF DOCUMENTATION FOR VARIOUS VESSELS
(a) In General.--Notwithstanding section 27 of the Merchant
Marine Act, 1920 (46 App. U.S.C. 883), the Act of June 19,
1886 (46 App. U.S.C. 289), the Act of May 28, 1906 (46 App.
U.S.C. 292), and sections 12106, 12107, and 12108 of title
46, United States Code, the Secretary of the department in
which the Coast Guard is operating may issue a certificate of
documentation with appropriate endorsements for the vessels
listed in subsection (b).
(b) Vessels Described.--The vessels referred to in
subsection (a) are the following:
(1) ABORIGINAL (United States official number 942118).
(2) ALPHA TANGO (United States official number 945782)
(3) ANNAPOLIS (United States official number 999008).
(4) ARTHUR ATKINSON (former United States official number
214656).
(5) ATTITUDE (North Carolina registration number NC3607AN).
(6) BIG DAD (United States official number 565022).
(7) BROKEN PROMISE (United States official number 904435).
(8) CHESAPEAKE (United States official number 999010).
(9) CHRISSY (Maine registration number ME4778B).
(10) CONSORT (United States official number 999005).
(11) CURTIS BAY (United States official number 999007).
(12) EAGLE MAR (United States official number 575349).
(13) ENDEAVOR (United States official number 947869).
(14) FIFTY ONE (United States official number 1020419).
(15) FIREBIRD (United States official number 253656).
(16) GIBRALTAR (United States official number 668634).
(17) HAMPTON ROADS (United States official number 999009).
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(18) ISABELLE (United States official number 600655).
(19) JAMESTOWN (United States official number 999006).
(20) JOAN MARIE (North Carolina official number NC2319AV).
(21) KLIPPER (New York registration number NY8166AN).
(22) L.R. BEATTIE (United States official number 904161).
(23) LADY ANGELA (United States official number 933045).
(24) LADY HAWK (United States official number 961095).
(25) LADY HELEN (United States official number 527746).
(26) MANDIRAN (United States official number 939915).
(27) MEMORY MAKER (Maryland registration number MD8867AW,
hull number 3151059).
(28) OLD HAT (United States official number 508299).
(29) ORCA (United States official number 504279).
(30) REEL TOY (United States official number 698383).
(31) RENDEZVOUS (United States official number 924140).
(32) SALLIE D (Maryland registration number MD2655A).
(33) SEAHAWK (United States official number 673537).
(34) SEAHAWK III (United States official number 996375).
(35) SEA MISTRESS (United States official number 696806).
(36) SHAMROCK V (United States official number 900936).
(37) SILENT WINGS (United States official number 969182).
(38) SPIRIT OF THE PACIFIC NORTHWEST (Bahamian official
number 725338).
(39) SUNSHINE (United States official number 974320).
(40) TECUMSEH (United States official number 668633).
(41) VIKING (former United States official number 224430).
(42) WOLF GANG II (United States official number 984934).
(43) A hopper barge owned by Foley & Foley Marine
Contractors, Inc. (United States official number 264959).
(44) Each of 2 barges owned by Roen Salvage Co., numbered
103 and 203.
(45) Each of 3 spud barges owned by Dan's Excavating, Inc.,
as follows:
(A) Spud barge 102 (United States official number 1021958).
(B) Spud barge 103 (United States official number 1021960).
(C) Spud barge 968 (United States official number 1021959).
(46) Each of 3 barges owned by Harbor Marine Corporation of
Rhode Island, as follows:
(A) HARBOR 223 (approximately 110 feet in length).
(B) GENE ELIZABETH (approximately 200 feet in length).
(C) HARBOR 221 (approximately 90 feet in length).
(47) SMALLEY 6808 Amphibious Dredge (Florida registration
number FL1855FF).
(48) TOO MUCH FUN (United States official number 936565).
SEC. 1002. AUTHORIZATION OF DOCUMENTATION FOR THE ATLANTIS
III.
Notwithstanding section 27 of the Merchant Marine Act, 1920
(46 App. U.S.C. 883), the Act of June 19, 1886 (46 App.
U.S.C. 289), and section 12106 of title 46, United States
Code, the Secretary of the department in which the Coast
Guard is operating may issue a certificate of documentation
with appropriate coastwise endorsement for employment in the
coastwise trade in Alaska during the period beginning May 1,
1995, and ending October 31, 1996, for the vessel ATLANTIS
III (Canadian official number CG006455).
SEC. 1003. AUTHORIZATION OF SALE AND REREGISTRATION.
Notwithstanding any other law or agreement with the United
States Government, the vessels SS LAKE CHARLES (United States
official number 619531) and SS LOUISIANA (United States
official number 619532) may be sold to a person that is not a
citizen of the United States and transferred to or placed
under a foreign registry if an application to authorize
payment of operating-differential subsidy to the vessels is
not approved by December 15, 1994.
SEC. 1004. VESSEL DOCUMENTATION FOR CHARITY CRUISES.
(a) Authority To Document Vessels.--
(1) In general.--Notwithstanding section 27 of the Merchant
Marine Act, 1920 (46 App. U.S.C. 883), the Act of June 19,
1886 (46 App. U.S.C. 289), and section 12106 of title 46,
United States Code, and subject to paragraph (2), the
Secretary of the department in which the Coast Guard is
operating may issue a certificate of documentation with a
coastwise endorsement for each of the vessels--
(A) GALLANT LADY (Feadship hull number 645, approximately
130 feet in length); and
(B) GALLANT LADY (Feadship hull number 651, approximately
172 feet in length).
(2) Limitation on operation.--Coastwise trade authorized
under a certificate of documentation issued for a vessel
under this section shall be limited to carriage of passengers
in association with contributions to charitable organizations
no portion of which is received, directly or indirectly, by
the owner of the vessel.
(3) Condition.--The Secretary may not issue any certificate
of documentation under paragraph (1) unless the owner of the
vessel referred to in paragraph (1)(A) (in this section
referred to as the ``owner''), within 90 days after the date
of the enactment of this Act, submits to the Secretary a
letter expressing the intent of the owner to enter into a
contract before October 1, 1996, for construction in the
United States of a passenger vessel of at least 130 feet in
length.
(4) Effective date of certificates.--A certificate of
documentation issued under paragraph (1)--
(A) for the vessel referred to in paragraph (1)(A), shall
take effect on the date of issuance of the certificate; and
(B) for the vessel referred to in paragraph (1)(B), shall
take effect on the date of delivery of the vessel to the
owner.
(b) Termination of Effectiveness of Certificates.--A
certificate of documentation issued for a vessel under
section (a)(1) shall expire--
(1) on the date of the sale of the vessel by the owner;
(2) on October 1, 1996, if the owner has not entered into a
contract for construction of a vessel in accordance with the
letter of intent submitted to the Secretary under subsection
(a)(3); and
(3) on any date on which such a contract is breached,
rescinded, or terminated (other than for completion of
performance of the contract) by the owner.
SEC. 1005. EXTENSION OF DEADLINE FOR THE M/V TWIN DRILL.
Section 601(d) of Public Law 103-206 is amended by striking
``June 30'' in subpart (3) and inserting ``December 31'' and
by striking ``12'' in subpart (4) and inserting ``18''.
TITLE XI--UNITED STATES PASSENGER VESSEL FLAG ACT OF 1994
SEC. 1101. SHORT TITLE.
This title may be cited as the ``United States-Flag
Passenger Vessel Act of 1994''.
SEC. 1102. COASTWISE TRANSPORTATION OF PASSENGERS.
(a) In General.--Section 8 of the Act of June 19, 1886 (46
App. U.S.C. 289), is amended--
(1) by inserting ``(a)'' after ``Sec. 8.''; and
(2) by adding at the end the following new subsections:
``(b) Voyages-To-Nowhere.--
``(1) In general.--Notwithstanding any other law, a vessel
may transport passengers on a covered voyage from a place in
the United States subject to the coastwise trade laws only
if--
``(A) the vessel is owned by a person that is--
``(i) an individual who is a citizen of the United States;
or
``(ii) a corporation, partnership, or association that is a
citizen of the United States under section 2(a) of the
Shipping Act, 1916; and
``(B) for a vessel that is at least 5 net tons, the vessel
is documented under chapter 121 of title 46, United States
Code, with a coastwise endorsement.
``(2) Penalties.--
``(A) Civil penalty.--A person operating a vessel in
violation of this subsection is liable to the United States
Government for a civil penalty of $1,000 for each passenger
transported in violation of this subsection.
``(B) Forfeiture.--A vessel operated in knowing violation
of this subsection, and its equipment, are liable to seizure
by and forfeiture to the United States Government.
``(c) Definitions.--For purposes of this section--
``(1) the term `covered voyage' means transportation of a
passenger from a place in any State or possession of the
United States and returning to that place, if during that
transportation no passenger departs from the vessel in a
foreign country; and
``(2) the term `passenger' does not include a travel agent
on a voyage if--
``(A) the purpose of the voyage is to promote future trips
on the vessel;
``(B) money is not paid to the vessel owner or charterer
for the voyage; and
``(C) the voyage goes beyond the territorial sea of the
United States.''.
(b) Exception.--
(1) In general.--Notwithstanding the amendments made by
subsection (a), an ineligible vessel may engage in transport
of passengers in coastwise trade (as those terms are defined
in those amendments) on a trade route, if--
(A) the vessel engaged, in the period beginning January 1,
1990, and ending March 9, 1993, in transport of passengers in
coastwise trade on that trade route; and
(B) within one year after the date of the enactment of this
Act, the owner files with the Secretary of Transportation an
affidavit certifying compliance with subparagraph (A) and
listing each trade route on which the vessel engaged in
transport of passengers in coastwise trade in the period
described in subparagraph (A).
(2) Scheduled expiration of exception.--Paragraph (1) does
not apply to an ineligible vessel after the later of--
(A) January 1, 2000,
(B) the date that is 15 years after the date of completion
of construction of the vessel, or
(C) the date that is 15 years after the date of completion
of any major conversion of the vessel that is begun before
the date of the enactment of this Act.
(3) Expiration of exception for failure to recrew.--
Paragraph (1) does not apply to an ineligible vessel after
the date that is 5 years after the date of the enactment of
this Act, unless--
(A) each individual employed on the vessel after the one-
year period beginning on the
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date of the enactment of this Act is either a citizen of the
United States or an alien lawfully admitted to the United
States for permanent residence; and
(B) not more than 25 percent of the total number of
individuals employed on the vessel after the one-year period
beginning on the date of the enactment of this Act are aliens
lawfully admitted to the United States for permanent
residence.
(4) Termination of exception upon entry of replacement.--
Paragraph (1) does not apply to an ineligible vessel with
respect to a trade route after the date of the entry into
service on that trade route of an eligible vessel, if--
(A) the eligible vessel has a passenger carrying capacity
that is equal to at least 75 percent of the passenger
carrying capacity of the ineligible vessel, as determined by
the Secretary of the Department in which the Coast Guard is
operating;
(B) the person that is the owner or charterer of the
eligible vessel submits to the Secretary of Transportation,
by not later than 270 days before the date of that entry into
service--
(i) a notice of the intent of the person to enter into that
service; and
(ii) such evidence as the Secretary may require that the
person is offering and advertising that service;
(C) any individual employed on the ineligible vessel after
the one-year period beginning on the date of the enactment of
this Act--
(i) is not a citizen of the United States; and
(ii) is not an alien lawfully admitted to the United States
for permanent residence; and
(D) more than 25 percent of the total number of individuals
employed on the ineligible vessel after the one-year period
beginning on the date of the enactment of this Act are aliens
lawfully admitted to the United States for permanent
residence.
(5) Termination of exception upon sale of vessel.--
Paragraph (1) does not apply to an ineligible vessel after
any date on which the vessel is sold after the date of the
enactment of this Act.
(6) Definitions.--In this subsection--
(A) the term ``eligible vessel'' means a vessel that is
eligible under chapter 121 of title 46, United States Code,
for a certificate of documentation authorizing the vessel to
engage in coastwise trade;
(B) the term ``ineligible vessel'' means a vessel that is
not eligible under chapter 121 of title 46, United States
Code, for a certificate of documentation authorizing the
vessel to engage in coastwise trade; and
(C) the term ``major conversion'' has the meaning that term
has under section 2101 of title 46, United States Code.
SEC. 1103. DOCUMENTATION OF VESSELS.
(a) Notwithstanding section 27 of the Merchant Marine Act,
1920 (46 App. U.S.C. 883), the Act of June 19, 1886 (46 App.
U.S.C. 289), and sections 12106 and 12107 of title 46, United
States Code, the Secretary of Transportation may issue
certificates of documentation with appropriate endorsement
for employment in the coastwise trade for the vessel M/V
Helton Voyager (Spanish registration lista 2A-Folio-592) if--
(1) the person documenting the vessel entered a contract
before May 21, 1992, to purchase the vessel;
(2) the vessel undergoes a major conversion (as defined in
section 2101 of title 46, United States Code) in a United
States shipyard under a contract signed before January 1,
1994;
(3) the cost of the major conversion is more than the value
of the vessel before the major conversion; and
(4) the major conversion is completed and the vessel is
documented under chapter 121 of title 46, United States Code,
with a coastwise endorsement before January 1, 1995.
(b)(1) The vessel Star of Texas (Lloyds register number
L5103936) may engage in coastwise trade out of the Port of
Galveston during the 5-year period beginning on the date of
the enactment of this Act, if during the period beginning 30
days after that date of enactment and ending 5 years after
that date of enactment--
(A) at least 60 employees engaged on the vessel are United
States citizens;
(B) of the employees engaged on the vessel who are United
States citizens, at least 60 are proficient in lifeboat
training, firefighting, and vessel evacuation under standards
certified by the United States Coast Guard;
(C) all repairs and alterations to the vessel are done in
United States shipyards;
(D) the vessel is a United States documented vessel before
the end of that period; and
(E) all other employees are instructed in basic safety
techniques.
(2) Notwithstanding section 27 of the Merchant Marine Act,
1920 (46 App. U.S.C. 883) and section 12106 of title 46,
United States Code, and subject to paragraph (1), the
Secretary of Transportation may issue a certificate of
documentation with appropriate endorsement for employment in
the coastwise trade in the period described in paragraph (1)
for a vessel described in that paragraph.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. HEFNER, announced that the yeas had it.
Mr. STUDDS objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
402
When there appeared
<3-line {>
Nays
13
Para. 111.15 [Roll No. 437]
YEAS--402
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Coppersmith
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Price (NC)
Pryce (OH)
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Reynolds
Richardson
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
[[Page 2005]]
NAYS--13
Costello
Duncan
Ewing
Gutierrez
Hancock
Johnson, Sam
Lipinski
Penny
Petri
Poshard
Sangmeister
Sensenbrenner
Stump
NOT VOTING--19
Carr
Cooper
Gallo
Gibbons
Green
Herger
Inglis
Inhofe
Levy
McCurdy
Quillen
Rangel
Ridge
Serrano
Slattery
Sundquist
Tanner
Washington
Whitten
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 111.16 clerk to correct engrossment
On motion of Mr. STUDDS, by unanimous consent,
Ordered, That in the engrossment of the foregoing bill, the Clerk be
authorized to correct section numbers, punctuation, cross references,
and to make other technical corrections.
Para. 111.17 permission to file conference report
On motion of Mr. HOYER, by unanimous consent, the managers on the part
of the House were granted permission until midnight tonight to file a
conference report (Rept. No. 103-741) on the bill (H.R. 4539) making
appropriations for the Treasury Department, the United States Postal
Service, the Executive Office of the President, and certain Independent
Agencies, for the fiscal year ending September 30, 1995, and for other
purposes; together with a statement thereon, for printing in the Record
under the rule.
Para. 111.18 order of business--consideration of conference report--h.r.
4539
On motion of Mr. HOYER, by unanimous consent,
Ordered, That, notwithstanding the provisions of clause 2 of rule
XXVIII, it may be in order at any time on Friday, September 23, 1994, or
any day thereafter, to consider the conference report on the bill (H.R.
4539) the Treasury Department, the United States Postal Service, the
Executive Office of the President, and certain Independent Agencies, for
the fiscal year ending September 30, 1995, and for other purposes; that
all points of order against the conference report and against its
consideration be waived; and that the conference report be considered as
having been read when called up for consideration.
Para. 111.19 william h. natcher bridge
On motion of Mr. RAHALL, by unanimous consent, the Committee on Public
Works and Transportation was discharged from further consideration of
the bill (H.R. 4980) to designate the bridge on United States Route 231
which crosses the Ohio River Between Maceo, Kentucky, and Rockport,
Indiana, as the ``William H. Natcher Bridge''.
When said bill was considered, read twice, ordered to be engrossed and
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 111.20 senate bill referred
A bill of the Senate of the following title was taken from the
Speaker's table and, under the rule, referred as follows:
S. 2067. An Act to elevate the position of Director of
Indian Health Service to Assistant Secretary of Health and
Human Services, to provide for the organizational
independence of the Indian Health Service within the
Department of Health and Human Services, and for other
purposes; jointly, to the Committees on Natural Resources and
Energy and Commerce.
Para. 111.21 enrolled bills and joint resolution signed
Mr. ROSE, from the Committee on House Administration, reported that
that committee had examined and found truly enrolled bills and a joint
resolution of the House of the following titles, which were thereupon
signed by the Speaker:
H.R. 1779. An Act to designate the facility of the United
States Postal Service located at 401 South Washington Street
in Chillicothe, Missouri, as the ``Jerry L. Litton United
States Post Office Building'', and to authorize travel and
transportation expenses for certain Federal career
appointees, and for other purposes.
H.R. 3679. An Act to authorize the Secretary of the
Interior to carry out a program to be known as the Junior
Duck Stamp Conservation and Design Program, and for other
purposes.
H.R. 4190. An Act to designate the building located at 41-
42 Norre Gade in Saint Thomas, Virgin Islands, for the period
of time during which it houses operations of the United
States Postal Service, as the Alvaro de Lugo Post Office; and
to amend title 39, United States Code, to make applicable
with respect to the United States Postal Service certain
exclusionary authority relating to the treatment of
reemployed annuitants under the civil service retirement
laws, and for other purposes.
H.R. 4647. An Act to direct the Secretary of the Interior
to convey to the City of Imperial Beach, California,
approximately 1 acre of land in the Tijuana Slough National
Wildlife Refuge.
H.J. Res. 363. Joint resolution to designate October 1994
as ``Crime Prevention Month.''
Para. 111.22 leave of absence
By unanimous consent, leave of absence was granted to Mr. RANGLE, for
today and September 23.
And then,
Para. 111.23 adjournment
On motion of Mr. DeLAY, at 7 o'clock and 4 minutes p.m., the House
adjourned.
Para. 111.24 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. DINGELL: Committee on Energy and Commerce. H.R. 1520. A
bill to amend the Petroleum Marketing Practices Act; with an
amendment (Rept. No. 103-737). Referred to the Committee of
the Whole House on the State of the Union.
Mr. DINGELL: Committee on Energy and Commerce. H.R. 4683. A
bill to amend the Solid Waste Disposal Act to provide
congressional authorization of State control over
transportation of municipal solid waste, and for other
purposes; with an amendment (Rept. No. 103-738). Referred to
the Committee of the Whole House on the State of the Union.
Mr. GIBBONS: Committee on Ways and Means. H.R. 5060. A bill
to provide for the continuation of certain free collections
for the expenses of the Securities and Exchange Commission
for fiscal year 1995 (Rept. No. 103-739, Pt. 1). Ordered to
be printed.
Mr. YATES: Committee of conference. Conference report on
H.R. 4602. A bill making appropriations for the Department of
the Interior and related agencies for the fiscal year ending
September 30, 1995, and for other purposes (Rept. No. 103-
740). Ordered to be printed.
Mr. HOYER: Committee of Conference. Conference report on
H.R. 4539. A bill making appropriations for the Treasury
Department, the U.S. Postal Service, the Executive Office of
the President, and certain Independent Agencies, for the
fiscal year ending September 30, 1995, and for other purposes
(Rept. No. 103-741). Ordered to be printed.
Para. 111.25 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. SMITH of Texas (for himself, Mr. Bonilla, Mr.
Archer, Mr. Armey, Mr. Barton of Texas, Mr. Combest,
and Mr. Sam Johnson):
H.R. 5073. A bill to amend the Endangered Species Act of
1973 to ensure that constitutionally protected private
property rights are not infringed until adequate protection
is afforded by reauthorization of such act, to protect
against and compensate for economic losses from critical
habitat designation, and for other purposes; to the Committee
on Merchant Marine and Fisheries.
By Mr. UNDERWOOD:
H.R. 5074. A bill to grant authority in Guam to give a
preference, in awarding contracts, to persons employing
citizens, nationals, or permanent resident aliens of the
United States; to the Committee on Natural Resources.
By Mr. DINGELL (for himself and Mrs. Collins of
Illinois):
H.R. 5075. A bill to ensure that sellers and underwriters
of insurance are qualified and subject to consumer protection
requirements; to the Committee on Energy and Commerce.
By Mrs. BYRNE:
H.R. 5076. A bill to amend title 23, United States Code,
relating to drunk driving; to the Committee on Public Works
and Transportation.
By Mr. HALL of Ohio (for himself, Mr. Lancaster, Mr.
Applegate, Mrs. Clayton, Mr. Boehner, Mr. Hefner, Mr.
Fingerhut, Mr. McMillan, Mr. Gillmor, Mr. Neal of
North Carolina, Mr. Hobson, Mr. Price of North
Carolina, Ms. Kaptur, Mr. Rose, Mr. Kasich, Mr.
Valentine, Mr. Mann, Mr. Oxley, Mr. Portman, Ms.
Pryce of Ohio, Mr. Sawyer, Mr. Stokes, and Mr.
Traficant):
[[Page 2006]]
H.R. 5077. A bill to establish a commission to assist in
commemoration of the first airplane flight by the Wright
brothers; to the Committee on Post Office and Civil Service.
By Ms. HARMAN (for herself, Mr. Horn, and Mr. Tucker):
H.R. 5078. A bill to amend the Stewart B. McKinney Homeless
Assistance Act to modify the process by which unutilized and
underutilized buildings and real property resulting from the
closure or realignment of military installations are made
available to assist the homeless; to the Committee on
Banking, Finance and Urban Affairs.
By Mr. MARTINEZ:
H.R. 5079. A bill to amend the Anti-Drug Abuse Act of 1988
to authorize appropriations for fiscal years 1995, 1996, and
1997 for drug abuse education and prevention for the benefit
of youth; to the Committee on Education and Labor.
By Mr. COX.
H.R. 5080. A bill to repeal the Postal Service monopoly on
first class mail; jointly, to the Committees on Post Office
and Civil Service and the Judiciary.
By Mr. HUGHES:
H.R. 5081. A bill to provide for a demonstration project by
Federal Prison Industries; to the Committee on the Judiciary.
By Mrs. JOHNSON of Connecticut (for herself, Mr.
Pomeroy, Mr. Archer, Mr. Thomas of California, Mr.
Hoekstra, Mr. Michel, Mr. Crane, Mr. Manzullo, Mr.
Grandy, Mr. Tauzin, Mr. Jefferson, Mrs. Unsoeld, Mr.
Jacobs, Mr. Hobson, Mr. McCollum, Mr. Young of
Florida, Mr. Boehner, Mrs. Kennelly, Mr. Goss, Mr.
Peterson of Florida, and Mr. Barca of Wisconsin):
H.R. 5082. A bill to extend for an additional 2 years the
period during which Medicare select polices may be issued;
jointly, to the Committees on Ways and Means and Energy and
Commerce.
By Ms. MARGOLIES-MEZVINSKY:
H.R. 5083. A bill to amend the Public Health Service Act to
provide for the development and operation of regional centers
to conduct research and provide education and training
regarding women's health; to the Committee on Energy and
Commerce.
By Mr. GOODLING (for himself and Mr. Sawyer):
H.J. Res. 413. Joint resolution designating November 1,
1994, as ``National Family Literacy Day''; to the Committee
on Post Office and Civil Service.
By Mr. ROSE:
H. Con. Res. 293. Concurrent resolution providing for the
printing of the book entitled ``History of the United States
House of Representatives''; to the Committee on House
Administration.
By Mr. LEACH:
H. Con. Res. 294. Concurrent resolution expressing the
sense of the Congress that the Department of Housing and
Urban Development should not interfere with the exercise of
the right of free speech, the right of free association, or
the right to petition the Government for a redress of
grievances; to the Committee on Banking, Finance and Urban
Affairs.
By Mr. STUDDS (for himself, Mr. Manton, Mr. Andrews of
Maine, and Mr. Young of Alaska):
H. Con. Res. 295. Concurrent resolution to express the
sense of the Congress of the United States that the United
States should actively seek compliance by all countries with
the conservation and management measures for Atlantic bluefin
tuna adopted by the International Commission for the
Conservation of Atlantic Tunas; to the Committee on Merchant
Marine and Fisheries.
By Mr. HASTINGS (for himself, Ms. Waters, Ms. McKinney,
Mr. Johnston of Florida, Mr. Payne of New Jersey, and
Mrs. Clayton):
H. Res. 540. Resolution expressing the sense of the House
of Representatives with respect to the situation in Haiti; to
the Committee on Foreign Affairs.
By Mr. McDERMOTT:
H. Res. 541. Resolution concerning United States and South
Asian relations; to the Committee on Foreign Affairs.
Para. 111.26 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 123: Mr. Camp, Mr. Grams, Mr. Johnson of Georgia, Mr.
Levy, Mr. Pomeroy, and Mr. Hastert.
H.R. 179: Mr. Gunderson.
H.R. 417: Mr. Kim, Mrs. Vucanovich, Mr. Glickman, Mr.
Laughlin, Mr. Payne of Virginia, Mr. Saxton, Mr. Klug, Mr.
Quinn, Mr. Emerson, Mr. Walsh, Mr. Mica, and Mr. Archer.
H.R. 509: Mr. Bachus of Alabama.
H.R. 587: Mr. Visclosky.
H.R. 938: Mr. Talent.
H.R. 1105: Mr. Baker of California.
H.R. 1172: Mr. Kennedy.
H.R. 1330: Mr. Lewis of Kentucky and Mr. Huffington.
H.R. 1500: Mr. Derrick, Mr. Lantos, Mr. Minge, and Ms.
Lowey.
H.R. 1671: Mr. Watt, Mr. Ravenel, and Mr. Lipinski.
H.R. 2717: Mr. Canady.
H.R. 2959: Ms. Danner.
H.R. 3031: Mr. Gunderson.
H.R. 3182: Mr. Coyne.
H.R. 3263: Mr. Lewis of Georgia.
H.R. 3386: Mr. Greenwood.
H.R. 3404: Mr. Synar.
H.R. 3523: Mr. Baker of California and Mr. Santorum.
H.R. 3560: Mr. Jacobs.
H.R. 3787: Mr. Hall of Texas.
H.R. 3949: Mr. Hinchey and Ms. Brown of Florida.
H.R. 3971: Mr. Oxley and Mr. Boehner.
H.R. 4142: Mr. Yates, Mr. Walsh, Ms. Margolies-Mezvinsky,
and Mr. McHugh.
H.R. 4474: Mr. Kleczka.
H.R. 4477: Mr. Chapman, Mr. Linder, Mr. Wilson, and Mr.
Calvert.
H.R. 4589: Mr. Livingston.
H.R. 4675: Mr. Lehman.
H.R. 4919: Mr. Stark, Mr. Fawell, and Mr. Shays.
H.R. 4980: Mr. Bateman, Mr. Romero-Barcelo, Mr. Wilson, Mr.
Schiff, Mr. Chapman, Ms. Danner, Mr. Shuster, and Mr. Coyne.
H.R. 5032: Mr. Calvert, Mr. Hancock, Mr. Taylor of North
Carolina, and Mr. Blute.
H.R. 5049: Mr. Hansen, Mr. Hefley, Mr. Shays, Mr. Boehlert,
Mr. Dreier, Mr. Hastert, Mr. Goss, Mr. Bilirakis, Mr.
McCollum, Mr. Rogers, Mr. Smith of New Jersey, Mr. Barton of
Texas, Mr. Cox, Mrs. Fowler, Mr. Hyde, Mr. McCrery, Mr.
Machtley, Ms. Molinari, Mr. Ramstad, Mr. Shuster, Mr. Skeen,
Mr. Walker, Mr. Schiff, Mr. Smith of Oregon, Mr. Hutto, Mr.
Skelton, Mr. Brown of California, Mr. Condit, Mr. Dellums,
Mr. Fazio, Mr. Pete Geren of Texas, Mr. Hall of Texas, Mr.
Lancaster, Mr. Laughlin, Mrs. Lloyd, Mr. Parker, Mr. Rangel,
Mr. Rowland, Mrs. Schroeder, and Ms. Slaughter.
H.R. 5062: Mr. Miller of Florida, Mr. Machtley, Mr.
Gingrich, Mr. Baker of California, Mr. Rahall, Mr. Talent,
Mr. Hefley, and Mr. Parker.
H.J. Res. 29: Mr. Talent.
H.J. Res. 326: Mr. Montgomery, Mr. McNulty, Mr. Murphy, Mr.
Manton, Mr. Nadler, Mr. Neal of Massachusetts, Ms. Norton,
Mr. Oberstar, Mr. Ortiz, Mr. Owens, Mr. Oxley, Mr. Pastor,
Mr. Paxon, Mr. Payne of New Jersey, Ms. Pelosi, Mr. Poshard,
Mr. Price of North Carolina, Ms. Pryce of Ohio, Mr. Quinn,
Mr. Rahall, Mr. Ramstad, Mr. Regula, Mr. Ridge, Mr. Roemer,
Mr. Rohrabacher, Mr. Rose, Ms. Roybal-Allard, Mr. Sawyer, Mr.
Schaefer, Ms. Schenk, Mr. Shays, Mr. Sisisky, Mr. Skeen, Mr.
Skelton, Mr. Slattery, Mr. Solomon, Mr. Spence, Mr. Stark,
Mr. Stenholm, Mr. Stokes, Mr. Baker of California, Mr.
Ballenger, Mr. Barca of Wisconsin, Mr. Baesler, Mr. Barrett
of Nebraska, Mr. Barrett of Wisconsin, Mr. Bartlett of
Maryland, Mr. Becerra, Mr. Bilirakis, Mr. Blackwell, Mr.
Blute, Mr. Boehner, Ms. Brown of Florida, Mr. Brown of
California, Mr. Brown of Ohio, Mr. Bryant, Mr. Burton of
Indiana, Mr. Buyer, Mrs. Byrne, Mr. Callahan, Mr. Boehlert,
Ms. Cantwell, Mr. Carr, Mr. Clay, Mr. Clement, Mr. Clinger,
Mr. Clyburn, Mr. Coppersmith, Mr. Costello, Ms. Danner, Mr.
Darden, Mr. Deal, Mrs. Collins of Illinois, Mr. Chapman, Mr.
Abercrombie, Mr. Andrews of Maine, Mr. DeFazio, Mr. de Lugo,
Mr. DeLay, Ms. DeLauro, Mr. Dickey, Mr. Dicks, Mr. Doolittle,
Mr. Dornan, Mr. Dreier, Mr. Duncan, Ms. Dunn, Mr. Durbin, Ms.
Eshoo, Mr. Evans, Mr. Edwards of Texas, Mr. Emerson, Mr.
Engel, Mr. Faleomavaega, Mr. Ewing, Mr. Fazio, Mr. Fields of
Texas, Mr. Filner, Mr. Fingerhut, Mr. Foglietta, Mr. Ford of
Tennessee, Mr. Ford of Michigan, Ms. Furse, Mr. Gallo, Mr.
Gephardt, Mr. Pete Geren of Texas, Mr. Gilchrest, Mr.
Gillmor, Mr. Gilman, Mr. Gingrich, Mr. Gordon, Mr. Grandy,
Mr. Gunderson, Mr. Greenwood, Mr. Hall of Texas, Mr. Hamburg,
Mr. Gutierrez, Mr. Hayes, Mr. Hefner, Mr. Hobson, Mr. Holden,
Mr. Hoke, Mr. Horn, Mr. Hoyer, Mr. Hunter, Mr. Hyde, Mr.
Hutchinson, Mr. Herger, Mr. Hancock, Mr. Inhofe, Mr.
Jefferson, Mr. Sam Johnson, Mr. Kopetski, Mr. Kennedy, Ms.
Kaptur, Mrs. Kennelly, Mr. Kildee, Mr. Kim, Mr. Kingston, Mr.
Kleczka, Mr. LaFalce, Mr. Laughlin, Mr. Lazio, Mr. Levin, Mr.
Lewis of California, Mr. Lightfoot, Mr. Lehman, Mrs. Lloyd,
Mr. Livingston, Mr. McDade, Mr. McDermott, Mr. McCollum, Mr.
Mazzoli, Mr. Meehan, Mrs. Meek of Florida, Mr. Mfume, Mr.
Miller of California, Mrs. Mink of Hawaii, Mr. Moakley, Mr.
Mollohan, Mr. Strickland, Mr. Studds, Mr. Swett, Mr. Swift,
Mr. Taylor of Mississippi, Mr. Thomas of Wyoming, Mr. Torres,
Mr. Torricelli, Mr. Towns, Mr. Tucker, Mr. Vento, Mr.
Visclosky, Ms. Waters, Mr. Wheat, Mr. Wolf, Ms. Woolsey, Mr.
Wyden, Mr. Yates, Mr. Moran, Mr. Leach, Mr. Mann, Mr. Andrews
of Texas, and Mr. Klein.
H.J. Res. 332: Mr. Moorhead, Mr. Tauzin, Mr. Bevill, Mr.
Durbin, Mr. Smith of Iowa, Mr. Obey, Mrs. Maloney, Mr. Olver,
Mr. Berman, and Mr. Hall of Ohio.
H.J. Res. 338: Mr. Jefferson, Mr. LaFalce, and Mr.
Lancaster.
H.J. Res. 346: Mr. Young of Florida, Mr. McDade, Mr. Wolf,
Mr. Kleczka, Mr. Lantos, Mr. Owens, Mr. Sharp, Mr.
Rohrabacher, Mr. Kreidler, Mrs. Meek of Florida, Mr.
Lipinski, Mr. Emerson, Mr. Cramer, Mr. Hochbrueckner, Mr.
Hastings, Mrs. Thurman, Mr. Jefferson, Mr. Meehan, Mr.
Montgomery, Mr. LaFalce, Mr. Sarpalius, and Mr. Barca of
Wisconsin.
H.J. Res. 362: Mr. Jefferson and Mr. Gordon.
H.J. Res. 400: Mr. Filner.
H.J. Res. 401: Mr. de la Garza, Mr. Duncan, Mr. Flake, Mr.
Gutierrez, Mr. Klink, Mrs. Lloyd, Mr. McCollum, Mr. Nadler,
Ms. Pryce of Ohio, Mr. Sarpalius, Mr. Traficant, Mrs.
Vucanovich, and Mr. Yates.
H. Con. Res. 243: Mr. Lehman and Mr. Wynn.
H. Con. Res. 264: Ms. Dunn.
[[Page 2007]]
H. Con. Res. 281: Ms. Furse, Mr. Fingerhut, and Mr.
Coppersmith.
H. Res. 472: Mr. Castle and Mr. Fawell.
H. Res. 493: Mr. McHale.
Para. 111.27 petitions, etc.
Under clause 1 of rule XXII.
131. The SPEAKER presented a petition of the King County
Labor Council of Washington, relative to H.R. 4708; which was
referred, jointly, to the Committees on Education and Labor
and Public Works and Transportation.
.
FRIDAY, SEPTEMBER 23, 1994 (112)
The House was called to order by the SPEAKER.
Para. 112.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Thursday, September 22, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 112.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3864. A letter from the Department of Defense, transmitting
notification that the Secretary has invoked the authority
granted by 41 U.S.C. 3732 to authorize the military
departments to incur obligations in excess of available
appropriations for clothing, subsistence, forage, fuel,
quarters, transportation, or medical and hospital supplies,
pursuant to 41 U.S.C. 11; to the Committee on Armed Services.
3865. A letter from the Secretary, Department of Health and
Human Services, transmitting a CDC plan for preventing birth
defects, pursuant to Public Law 102-531, section 306(a) (106
Stat. 3495); to the Committee on Energy and Commerce.
Para. 112.3 agriculture appropriations
Mr. DURBIN called up the following conference report (Rept. No. 103-
734):
The committee on conference on the disagreeing votes of the
two Houses on the amendments of the Senate to the bill (H.R.
4554) ``making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies programs for the fiscal year ending September 30,
1995, and other purposes,'' having met, after full and free
conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the Senate recede from its amendments numbered 7, 14,
39, 43, 47, 49, 52, 54, 55, 77, 78, 85, 86, 87, 92, 93, and
99.
That the House recede from its disagreement to the
amendments of the Senate numbered 6, 8, 10, 12, 16, 17, 20,
21, 23, 30, 44, 45, 46, 51, 53, 56, 59, 63, 65, 66, 67, 68,
69, 71, 73, 74, 81, 82, and 97, and agreed to the same.
Amendment numbered 1:
That the House recede from its disagreement to the
amendment of the Senate numbered 1, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$63,418,000; amd the Senate agree to the same.
Amendment numbered 2:
That the House recede from its disagreement to the
amendment of the Senate numbered 2, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$53,936,000; and the Senate agree to the same.
Amendment numbered 3:
That the House recede from its disagreement to the
amendment of the Senate numbered 3, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$6,500,000; and the Senate agree to the same.
Amendment numbered 4:
That the House recede from its disagreement to the
amendment of the Senate numbered 4, and agreed to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$696,382,000; and the Senate agree to the same.
Amendment numbered 9:
That the House recede from its disagreement to the
amendment of the Senate numbered 9, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$1,318,000; and the Senate agree to the same.
Amendment numbered 13:
That the House recede from its disagreement to the
amendment of the Senate numbered 13, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$8,112,000; and the Senate agree to the same.
Amendment numbered 19:
That the House recede from its disagreement to the
amendment of the Senate numbered 19, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$3,463,000; and the Senate agree to the same.
Amendment numbered 22:
That the House recede from its disagreement to the
amendment of the Senate numbered 22, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$438,744,000; and the Senate agree to the same.
Amendment numbered 27:
That the House recede from its disagreement to the
amendment of the Senate numbered 27, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$516,738,000; and the Senate agree to the same.
Amendment numbered 28:
That the House recede from its disagreement to the
amendment of the Senate numbered 28, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$56,591,000; and the Senate agree to the same.
Amendment numbered 31:
That the House recede from its disagreement to the
amendment of the Senate numbered 31, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$68,884,000; and the Senate agree to the same.
Amendment numbered 35:
That the House recede from its disagreement to the
amendment of the Senate numbered 35, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$3,399,000; and the Senate agree to the same.
Amendment numbered 36:
That the House recede from its disagreement to the
amendment of the Senate numbered 36, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$70,000,000; and the Senate agree to the same.
Amendment numbered 38:
That the House recede from its disagreement to the
amendment of the Senate numbered 38, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$15,172,000; and the Senate agree to the same.
Amendment numbered 40:
That the House recede from its disagreement to the
amendment of the Senate numbered 40, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended as
follows:
In lieu of the sum named, insert: $4,500,000; and the
Senate agree to the same.
Amendment numbered 48:
That the House recede from its disagreement to the
amendment of the Senate numbered 48, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$905,523,000; and the Senate agree to the same.
Amendment numbered 50:
That the House recede from its disagreement to the
amendment of the Senate numbered 50, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$126,502,000; and the Senate agree to the same.
Amendment numbered 60:
That the House recede from its disagreement to the
amendment of the Senate numbered 60, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$1,750,000; and the Senate agree to the same.
Amendment numbered 61:
That the House recede from its disagreement to the
amendment of the Senate numbered 61, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended as
follows:
In lieu of the sum named insert: $1,750,000; and the Senate
agree to the same.
Amendment numbered 62:
That the House recede from its disagreement to the
amendment of the Senate numbered 62, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$4,263,000; and the Senate agree to the same.
Amendment numbered 64:
That the House recede from its disagreement to the
amendment of the Senate numbered 64, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$15,200,000; and the Senate agree to the same.
Amendment numbered 72:
That the House recede from its disagreement to the
amendment of the Senate numbered 72, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$6,750,000; and the Senate agree to the same.
Amendment numbered 79:
That the House recede from its disagreement to the
amendment of the Senate numbered 79, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended as
follows:
In lieu of the sum named, insert: $25,000,000; and the
Senate agree to the same.
Amendment numbered 80:
That the House recede from its disagreement to the
amendment of the Senate numbered 80, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$899,394,000; and the Senate agree to the same.
[[Page 2008]]
Amendment numbered 88:
That the House recede from its disagreement to the
amendment of the Senate numbered 88, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$49,144,000; and the Senate agree to the same.
Amendment numbered 90:
That the House recede from its disagreement to the
amendment of the Senate numbered 90, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$85,500,000; and the Senate agree to the same.
The committee of conference report in disagreement
amendments numbered 5, 11, 15, 18, 24, 25, 26, 29, 32, 33,
34, 37, 41, 42, 57, 58, 70, 75, 76, 83, 84, 89, 91, 94, 95,
96, 98, 100, 101, and 102.
Richard J. Durbin,
Jamie L. Whitten,
Marcy Kaptur,
Ray Thornton,
Rosa L. DeLauro,
Pete Peterson,
Ed Pastor,
Neal Smith,
David R. Obey,
Joe Skeen,
John T. Myers,
Barbara F. Vucanovich,
James T. Walsh,
Joseph M. McDade,
Managers on the Part of the House.
Dale Bumpers,
Tom Harkin,
J. Robert Kerrey,
(except for amendment 33 ``ornamental fish'')
J. Bennett Johnston,
Herb Kohl,
Dianne Feinstein,
Robert C. Byrd,
Thad Cochran,
Arlen Specter,
Christopher S. Bond,
Phil Gramm,
Slade Gorton,
Mark O. Hatfield,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
By unanimous consent, the previous question was ordered on the
conference report to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. MAZZOLI, announced that the yeas had it.
Mr. SKEEN demanded a recorded vote on agreeing to said conference
report, which demand was supported by one-fifth of a quorum, so a
recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
287
<3-line {>
affirmative
Nays
107
Para. 112.4 [Roll No. 438]
AYES--287
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Bonilla
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Callahan
Camp
Cantwell
Cardin
Chapman
Clayton
Clement
Clyburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Durbin
Edwards (CA)
Edwards (TX)
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fazio
Fields (LA)
Filner
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Franks (CT)
Frost
Furse
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gillmor
Gilman
Gonzalez
Gordon
Green
Greenwood
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastert
Hastings
Hefner
Hilliard
Hoagland
Hochbrueckner
Holden
Horn
Houghton
Hoyer
Hughes
Hunter
Hutto
Hyde
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
LaRocco
Laughlin
Leach
Lehman
Levin
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Long
Lowey
Lucas
Maloney
Mann
Margolies-Mezvinsky
Markey
Martinez
Mazzoli
McCloskey
McCrery
McDade
McDermott
McHale
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Mfume
Michel
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Morella
Murtha
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roemer
Rogers
Ros-Lehtinen
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Smith (TX)
Snowe
Spratt
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tauzin
Taylor (MS)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
NOES--107
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Ballenger
Bartlett
Boehner
Bunning
Burton
Buyer
Canady
Castle
Clinger
Coble
Cox
Crane
Crapo
Cunningham
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Fawell
Fields (TX)
Fingerhut
Fowler
Franks (NJ)
Gilchrest
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Gunderson
Hancock
Hansen
Hefley
Hobson
Hoekstra
Hoke
Huffington
Hutchinson
Inglis
Istook
Jacobs
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kyl
Lazio
Levy
Lewis (KY)
Manzullo
McCandless
McCollum
McHugh
McInnis
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Myers
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quinn
Ramstad
Roberts
Rohrabacher
Roth
Roukema
Royce
Saxton
Schaefer
Sensenbrenner
Shaw
Shays
Shuster
Smith (MI)
Smith (OR)
Solomon
Spence
Stearns
Stump
Talent
Taylor (NC)
Torkildsen
Walker
Weldon
Zeliff
Zimmer
NOT VOTING--40
Applegate
Baker (LA)
Berman
Blackwell
Bonior
Byrne
Calvert
Carr
Clay
Cooper
Dellums
Dooley
Frank (MA)
Gallegly
Gallo
Glickman
Hayes
Herger
Hinchey
Inhofe
Johnson (CT)
Kolbe
Lantos
Lewis (GA)
Lloyd
Machtley
Manton
Matsui
McCurdy
McKeon
Moran
Murphy
Quillen
Rangel
Slattery
Stark
Sundquist
Tanner
Washington
Wheat
So the conference report was agreed to.
Para. 112.5 amendments in disagreement--h.r. 4554
The House then proceeded to the consideration of the following
amendments of the Senate reported in disagreement numbered 5, 11, 15,
18, 24, 25, 26, 29, 32, 33, 34, 37, 41, 42, 57, 58, 70, 75, 76, 83, 84,
89, 91, 94, 95, 96, 98, 100, 101, and 102.
On motion of Mr. DURBIN, by unanimous consent, the following
amendments of the Senate numbered 5, 18, 24, 29, 58, 83, 95, 96, and 101
were considered en bloc.
On motion of Mr. DURBIN the House receded from its disagreement to the
amendments of the Senate numbered 5, 18, 24, 29, 58, 83, 95, 96, and
101, and concurred therein.
On motion of Mr. DURBIN, the House receded from its disagreement to
the amendment of the Senate numbered 11 and concurred therein with the
following amendment:
Restore the matter stricken by said amendment, amended to
read as follows: ``$475,000 for rangeland research grants as
authorized by subtitle M of the National Agriculture
Research, Extension, and Teaching Policy Act of 1977, as
amended; $8,990,000 for contracts and grants for agricultural
research under the Act of August 4, 1965, as amended (7
U.S.C. 450i(c));''.
On motion of Mr. DURBIN, the House receded from its disagreement to
the amendment of the Senate numbered 15 and concurred therein with the
following amendment:
In lieu of the sum proposed by said amendment insert
``$433,438,000''.
On motion of Mr. DURBIN, the House receded from its disagreement to
the amendment of the Senate numbered 25
[[Page 2009]]
and concurred therein with the following amendment:
In lieu of the sum proposed by said amendment insert
``$443,651,000''.
On motion of Mr. DURBIN, the House receded from its disagreement to
the amendment of the Senate numbered 26 and concurred therein with the
following amendment:
Restore the matter stricken by said amendment, amended to
read as follows:
In fiscal year 1995, the agency is authorized to collect
fees to cover the total costs of providing technical
assistance, goods, or services requested by States, other
political subdivisions, domestic and international
organizations, foreign governments, or individuals, provided
that such fees are structured such that any entity's
liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the
agency, and such fees shall be credited to this account, to
remain available until expended, without further
appropriation, for providing such assistance, goods, or
services.
On motion of Mr. DURBIN, the House receded from its disagreement to
the amendment of the Senate numbered 32 and concurred therein with the
following amendment:
In lieu of the matter stricken by said amendment insert:
Provided, That until October 1, 1995, the Secretary of
Agriculture may collect and use such sums as may be necessary
for the delivery of catastrophic risk protection under
subsections (b) and (c) of section 508 of the Federal Crop
Insurance Act, as that Act would be amended by section
6(a)(3) of H.R. 4217 as passed by the House on August 5,
1994, if such provision or similar provision is enacted into
law: Provided further, That in addition to amounts otherwise
appropriated in this Act, there are hereby appropriated such
sums as may be necessary to carry out the purposes of the
crop insurance fund established under section 516 of the
Federal Crop Insurance Act, as that Act would be amended by
sections 8 (b) and (c) of H.R. 4217, if such provision or
similar provision is enacted into law.
On motion of Mr. DURBIN, the House receded from its disagreement to
the amendment of the Senate numbered 33 and concurred therein with the
following amendment:
In lieu of the matter proposed by said amendment insert:
Disaster Assistance
Such sums as may be necessary from the Commodity Credit
Corporation shall be available, through July 15, 1995, to
producers under the same terms and conditions authorized in
chapter 3, subtitle B, title XXII of Public Law 101-624 for
1994 crops, including aquaculture and excluding ornamental
fish, affected by natural disasters: Provided, That these
funds shall be made available upon enactment of this Act:
Provided further, That such funds shall also be available for
payments to producers for 1995 through 1996 orchard crop
losses, if the losses are due to freezing conditions incurred
between January 1, 1994 and March 31, 1994, and Federal crop
insurance is not available for affected orchard crop
producers: Provided further, That such funds shall also be
available to fund the costs of replanting, reseeding, or
repairing damage to commercial trees, including orchard and
nursery inventory, as a result of 1994 weather-related
damages: Provided further, That the terms and conditions of
section 521, paragraphs (a)(3) and (4), paragraph (b)(3),
subparagraph (c)(2)(C), and subsections (d) and (e), as
amended in section 201 of S. 2095 (as reported by the
Committee on Agriculture, Nutrition, and Forestry on June 22,
1994) shall apply to all claims for assistance made under
this paragraph: Provided further, That such amounts and uses
of funds made available under this paragraph are designated
by Congress as emergency requirements pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, and that such funds and uses shall be
available only to the extent and official budget request for
a specific dollar amount, that includes designation of the
entire amount of the request as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985, is transmitted by the President to the Congress.
On motion of Mr. DURBIN, the House receded from its disagreement to
the amendment of the Senate numbered 34 and concurred therein with the
following amendment:
In lieu of the matter proposed by said amendment insert:
``$556,062,000, and the unobligated and uncommitted portion
of the fiscal year 1994 appropriation for the Conservation
Reserve Program shall be transferred to this account''.
On motion of Mr. DURBIN, the House receded from its disagreement to
the amendment of the Senate numbered 37 and concurred therein with the
following amendment:
Restore the matter stricken by said amendment, amended to
read as follows:
``(of which $10,000,000 shall be available for the
watersheds authorized under the Flood Control Act approved
June 22, 1936 (33 U.S.C. 701, 16 U.S.C. 1006a), as amended
and supplemented): Provided, That, for fiscal year 1995 only,
not to exceed 10 per centum of the foregoing amounts shall be
available for allocation to any one State''.
On motion of Mr. DURBIN, the House receded from its disagreement to
the amendment of the Senate numbered 41 and concurred therein with the
following amendment:
In lieu of the sum proposed by said amendment insert
``$2,200,000,000''.
On motion of Mr. DURBIN, the House receded from its disagreement to
the amendment of the Senate numbered 42 and concurred therein with the
following amendment:
In lieu of the sum proposed by said amendment insert
``$244,720,000''.
On motion of Mr. DURBIN, the House receded from its disagreement to
the amendment of the Senate numbered 57 and concurred therein with the
following amendment:
In lieu of the matter stricken by said amendment insert:
Rural Water and Waste Disposal Grants
Notwithstanding any other provision of law, the Secretary
may use 1980 or 1990 census information for grant eligibility
of projects submitted to the agency prior to the availability
of 1990 census information in amounts not to exceed total
project cost overruns.
On motion of Mr. DURBIN, the House receded from its disagreement to
the amendment of the Senate numbered 70 and concurred therein with the
following amendment:
In lieu of the sum named in said amendment insert
``$500,000''.
On motion of Mr. DURBIN, the House receded from its disagreement to
the amendment of the Senate numbered 75 and concurred therein with the
following amendment:
In lieu of the matter stricken and inserted by said
amendment insert ``and section 601 of Public Law 96-597 (48
U.S.C. 1469d), $28,830,710,000''.
On motion of Mr. DURBIN, the House receded from its disagreement to
the amendment of the Senate numbered 76 and concurred therein with the
following amendment:
Restore the matter stricken by said amendment, amended to
read as follows: ``: Provided further, That none of the funds
in this Act shall be used to cash out food stamp benefits
beyond a total of 25 projects and the total participation in
such projects shall not exceed 3 per centum of the estimated
national household level participating in the Food Stamp
Program''.
On motion of Mr. DURBIN, the House receded from its disagreement to
the amendment of the Senate numbered 84 and concurred therein with the
following amendment:
In lieu of the matter inserted by said amendment insert:
The stay (published at 58 Fed. Reg. 47962) of the 1987 food
additive regulation relating to selenium (21 Code of Federal
Regulations 573.920) is suspended until December 31, 1995.
On motion of Mr. DURBIN, the House receded from its disagreement to
the amendment of the Senate numbered 89 and concurred therein with the
following amendment:
Restore the matter stricken by said amendment, amended to
read as follows: ``: Provided, That the Commission is
authorized to charge reasonable fees to attendees of
Commission sponsored educational events and symposia to cover
the Commission's costs of providing those events and
symposia, and notwithstanding 31 U.S.C. 3302, said fees shall
be credited to this account, to be available without further
appropriation''.
On motion of Mr. DURBIN, the House receded from its disagreement to
the amendment of the Senate numbered 91 and concurred therein with the
following amendment:
In lieu of the matter proposed by said amendment insert:
``, unless additional acres in excess of the 100,000 acre
limitation can be enrolled without exceeding $93,200,000:
Provided, That the unobligated portion of the fiscal year
1994 appropriation shall be transferred to and merged with
the appropriation for the Soil Conservation Service,
Conservation Operations''.
On motion of Mr. DURBIN, the House receded from its disagreement to
the amendment of the Senate numbered 94 and concurred therein with the
following amendment:
Restore the matter stricken by said amendment, amended as
follows:
In lieu of the sum named in said amendment insert
``$25,650,000''.
On motion of Mr. DURBIN, the House receded from its disagreement to
the amendment of the Senate numbered 98 and concurred therein with the
following amendment:
Delete the matter inserted by said amendment, and on page
61, line 12, of the House engrossed bill strike
``$94,500,000'' and insert in lieu thereof ``$84,500,000'',
and on page 79, line 18, of the House engrossed bill strike
[[Page 2010]]
``$850,000,000'' and insert in lieu thereof ``$800,000,000''.
On motion of Mr. DURBIN, the House receded from its disagreement to
the amendment of the Senate numbered 100 and concurred therein with the
following amendment:
In lieu of the matter inserted by said amendment insert:
Sec. 725. The Secretary shall take reasonable steps to
ensure that no funds made available under this Act be used to
provide any direct individual Federal benefit or assistance
to any individual applying for such benefit or assistance
unless said individual meets all eligibility criteria for the
benefit or assistance.
On motion of Mr. DURBIN, the House receded from its disagreement to
the amendment of the Senate numbered 102 and concurred therein with the
following amendment:
In lieu of the matter inserted by said amendment insert:
Sec. 727. Repayment of Deficiency Payments.--In any case in
which the Secretary of Agriculture finds that the farming,
ranching, or aquaculture operations of producers on a farm
have been substantially affected by a natural disaster in the
United States or by a major disaster or emergency designated
by the President under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the
Secretary of Agriculture shall not require any repayment
under subparagraph (G) or (H) of section 114(a)(2) of the
Agricultural Act of 1949 (7 U.S.C. 1445j(a)(2)) for the 1993
crop of a commodity prior to March 1, 1995.
A motion to reconsider the votes whereby the foregoing conference
report and motions were agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
Para. 112.6 correction of enrollment--s.2182
On motion of Mr. MONTGOMERY, by unanimous consent, the concurrent
resolution (H. Con. Res. 285) directing the Secretary of the Senate to
make technical corrections in the enrollment of S. 2182 ; together with
the following amendment of the Senate, was taken from the Speaker's
table:
Senate amendment: Page 1, after line 11, insert:
(3) In section 132(a)(1)(C), strike out ``(described in
subsection (i))'' and insert in lieu thereof ``(described in
subsection (h))''.
(4) In section 924, strike out ``Court of Military Criminal
Appeals'' each place it appears and insert in lieu thereof
``Court of Criminal Appeals''.
(5) In section 1661(b)(4)--
(A) strike out ``by adding at the end'' in subparagraph (A)
and insert in lieu thereof ``by inserting after section
3020''; and
(B) strike out ``by adding at the end'' in subparagraph (B)
and insert in lieu thereof ``by inserting after section
8020''.
(6) In section 2832, strike out ``Authority'' each place it
appears (other than in the caption of subsection (b)) and
insert in lieu thereof ``Agency''.
On motion of Mr. MONTGOMERY, said Senate amendment was agreed to.
A motion to reconsider the vote whereby said Senate amendment was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 112.7 providing for the consideration of h.r. 4008
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-742) the resolution (H. Res. 542) providing for the
consideration of the bill (H.R. 4008) to authorize appropriations for
the National Oceanic and Atmospheric Administration for fiscal years
1994 and 1995, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 112.8 providing for the consideration of h.r. 4926
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-743) the resolution (H. Res. 543) providing for the
consideration of the bill (H.R. 4926) to require the Secretary of the
Treasury to identify foreign countries which may be denying national
treatment to United States banking organizations and to assess whether
any such denial may be having a significant adverse effect on such
organizations, and to require Federal banking agencies to take such
assessments into account in considering applications by foreign banks
under the International Banking act of 1978 and the Bank Holding Company
Act of 1956.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 112.9 providing for the consideration of h.r. 3171
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-744) the resolution (H. Res. 544) providing for considration of
the bill (H.R. 3171) to authorize the Secretary of Agriculture to
reorganize the Department of Agriculture, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 112.10 adjournment over
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet on at
10:30 a.m. on Monday, September 26, 1994.
Para. 112.11 calendar wednesday business dispensed with
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That business in order for consideration on Wednesday,
September 28, 1994, under clause 7, rule XXIV, the Calendar Wednesday
rule, be dispensed with.
Para. 112.12 notice requirement--consideration of resolution--question
of privileges
Mr. COX, pursuant to clause 2(a)(1) of rule IX, announced his
intention to call up a resolution, as a question of the privileges of
the House.
Para. 112.13 recess--1:11 p.m.
The SPEAKER pro tempore, Mr. FARR, pursuant to clause 12 of rule I,
declared the House in recess at 1 o'clock and 11 minutes p.m, subject to
the call of the Chair.
Para. 112.14 after recess--3:49 p.m.
The SPEAKER pro tempore, Mr. BRYANT, called the House to order.
Para. 112.15 senate enrolled bills signed
The SPEAKER announced his signature to enrolled bills of the Senate of
the following titles:
S. 1406. An Act to amend the Plant Variety Protection Act
to make such act consistent with the International Convention
for the Protection of New Varieties of Plants of March 19,
1991, to which the United States is a signatory, and for
other purposes; and
S. 1703. An Act to expand the boundaries of Piscataway
Park, and for other purposes.
Para. 112.16 leave of absence
By unanimous consent, leave of absence was granted to Mr. HERGER,
after 3:45 p.m. on September 22 and today.
And then,
Para. 112.17 adjournment
On motion of Mr. GEKAS, pursuant to the special order heretofore
agreed to, at 3 o'clock and 50 minutes p.m., the House adjourned until
10:30 a.m. on Monday, September 26, 1994.
Para. 112.18 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. MOAKLEY: Committee on Rules. House Resolution 542.
Resolution providing for consideration of the bill (H.R.
4008) to authorize appropriations for the National Oceanic
and Atmospheric Administration for fiscal years 1994 and
1995, and for other purposes (Rept. No. 103-742). Referred to
the House Calendar.
Ms. SLAUGHTER: Committee on Rules. House Resolution 543.
Resolution providing for consideration of the bill (H.R.
4926) to require the Secretary of the Treasury to identify
foreign countries which may be denying national treatment to
United States banking organizations and to assess whether any
such denial may be having a significant adverse effect on
such organizations, and to require Federal banking agencies
to take such assessments into account in considering
applications by foreign banks under the International Banking
Act of 1978 and the Bank Holding Company Act of 1956 (Rept.
No. 103-743). Referred to the House Calendar.
Mr. DERRICK: Committee on Rules. House Resolution 544.
Resolution providing for consideration of the bill (H.R.
3171) to authorize the Secretary of Agriculture to reorganize
the Department of Agriculture, and for other purposes (Rept.
No. 103-744). Referred to the House Calendar.
Para. 112.19 subsequent action on a reported bill sequentially referred
Under clause 5 of Rule X the following action was taken by the
Speaker:
The Committee on Government Operations discharged from
further consideration of
[[Page 2011]]
H.R. 2680; H.R. 2680 referred to the Committee of the Whole
House on the State of the Union.
Para. 112.20 reported bill sequentially referred
Under clause 5 of rule X, bills and reports were delivered to the
Clerk for printing, and bills referred as follows:
Mr. DINGELL: Committee on Energy and Commerce. H.R. 3392. A
bill to amend the Safe Drinking Water Act to assure the
safety of public water systems, with an amendment; referred
to the following committees for a period ending not later
than September 26, 1994: to the Committee on Science, Space,
and Technology for consideration of such provisions contained
in the bill and amendment as fall within the jurisdiction of
that committee pursuant to clause 1(r), rule X; and to the
Committee on the Judiciary for consideration of such portions
of sections 15 and 17 of the amendment recommended by the
Committee on Energy and Commerce as fall within the
jurisdiction of that committee pursuant to clause 1(1), rule
X. (Rept. No. 103-745, Pt. 1). Ordered to be printed.
Para. 112.21 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. SAWYER (for himself, Mr. Petri, Ms. Collins of
Michigan, and Mr. McCloskey):
H.R. 5084. A bill to amend title 13, United States Code, to
improve the accuracy of census address lists, and for other
purposes; to the Committee on Post Office and Civil Service.
By Mr. BRYANT:
H.R. 5085. A bill to provide for the disclosure of lobbying
activities to influence the Federal Government, and for other
purposes; to the Committee on the Judiciary.
By Mr. BAESLER:
H.R. 5086. A bill to authorize the Secretary of Agriculture
to establish a pilot program to evaluate the feasibility of
county-based rural development boards, develop a strategy for
adoption of national rural development goals and objectives,
establish a training program for local county board leaders,
providing roles and responsibilities for State rural
development councils, substate regional organizations, and
1862 and 1890 land grant institutions, and establish a grant
program for financing various rural and small community
development initiatives, and for other purposes; to the
Committee on Agriculture.
By Mr. FRANKS of Connecticut:
H.R. 5087. A bill to maintain funding and staffing for the
Office of National Drug Control Policy for fiscal year 1995;
to the Committee on Government Operations.
By Ms. KAPTUR (for herself and Mr. Bryant):
H.R. 5088. A bill to recognize and grant a Federal charter
to the National Alliance for the Mentally Ill; to the
Committee on the Judiciary.
By Mr. KLINK:
H.R. 5089. A. bill to amend the Internal Revenue Code of
1986 to allow a deduction for contributions to an individual
training account; to the Committee on Ways and Means.
By Mr. McCLOSKEY (for himself and Mrs. Morella):
H.R. 5090. A bill to authorize noncompetitive, career, or
career-conditional appointments for temporary and term
employees of the Federal Deposit Insurance Corporation,
including those assigned to the Resolution Trust Corporation,
who are separated due to downsizing and office closures or
due to the termination of the Resolution Trust Corporation;
to the Committee on Post Office and Civil Service.
By Mr. OBEY (for himself, Mr. Filner, Mr. Bonior, Mr.
Hamilton, Mr. Hinchey, Mrs. Meek of Florida, Mr.
Rush, Mr. Richardson, Mr. Clay, Mr. Bryant, Mr.
Vento, Mr. Serrano, Mr. Andrews of Maine, Mr. Wilson,
and Ms. Pelosi):
H.R. 5091. A bill to provide for tax relief in the case of
low economic growth; to the Committee on Ways and Means.
By Mr. PASTOR (for himself, Mr. Kyl, Mr. Boehlert, Mr.
Canady, Mrs. Meek of Florida, Mr. Serrano, and Mr.
McCloskey):
H.R. 5092. A bill to establish rules governing product
liability actions against raw materials and bulk component
suppliers to medical device manufacturers, and for other
purposes; jointly, to the Committees on the Judiciary and
Energy and Commerce.
By. Mr. SANDERS:
H.R. 5093. A bill to amend the Public Health Service Act to
provide a 1-year extension of the applicability of certain
provisions in the programs for block grants regarding mental
health and substance abuse, and for other purposes; to the
Committee on Energy and Commerce.
By Mr. SANDERS:
H.R. 5094. A bill to provide a 1-year extension of the
applicability of the authority to transfer funds under the
programs for block grants regarding mental health and
substance abuse; to the Committee on Energy and Commerce.
By Mr. WILLIAMS:
H.R. 5095. A bill to apply arbitration to major league
baseball and for other purposes; to the Committee on
Education and Labor.
By Mr. VENTO:
H.R. 5096. A bill to amend the Pennsylvania Avenue
Development Corporation Act of 1972 to authorize
appropriations for fiscal year 1995 for operating and
administrative expenses and to require a plan for the orderly
dissolution of the Corporation; to the Committee on Public
Works and Transportation.
By Mrs. VUCANOVICH:
H.R. 5097. A bill to require the identification of certain
high-fire-risk Federal forest lands in the State of Nevada,
the clearing of forest fuels in such areas, and the
submission of a fire prevention plan and budget; jointly, to
the Committees on Natural Resources and Agriculture.
By Mr. WILLIAMS:
H.R. 5098. A bill to ratify a compact between the
Assiniboine and Sioux Indian Tribes of the Fort Peek
Reservation and the State of Montana; to the Committee on
Natural Resources.
By Mr. McMILLAN:
H.J. Res. 414. Joint resolution to authorize and encourage
States to adopt interstate compacts for the regulation of
interstate insurance; jointly, to the Committees on the
Judiciary and Energy and Commerce.
By Mr. GEPHARDT (for himself, Mr. Torricelli, Mr.
Ackerman, and Mr. Brown of Ohio):
H. Con. Res. 296. Concurrent resolution commemorating the
125th anniversary of the birth of Mahatma Gandhi; to the
Committee on Foreign Affairs.
By Mr. CRANE (for himself, Mr. Doolittle, Mr. Baker of
Louisiana, Mr. Hefley, Mr. Smith of New Jersey, Mr.
Roth, Mr. Stump, Mr. Bachus of Alabama, Mr. Solomon,
Mr. Archer, Mrs. Bentley, Mr. Hancock, Mr. Sam
Johnson, Mr. Dornan, Mr. Bunning, and Mr. Stearns):
H. Res. 545. Resolution expressing the sense of the House
of Representatives that Dr. Joycelyn Elders be called upon to
resign her position as Surgeon General of the United States;
to the Committee on Energy and Commerce.
By Mr. DOOLITTLE (for himself, Mr. Solomon, Mr. Thomas
of Wyoming, Mr. McInnis, Mr. Rohrabacher, Mr. Duncan,
Mr. Ramstad, Mr. Coble, Mr. Sam Johnson, Mr.
Schaefer, Mrs. Vucanovich, Mr. Moorhead, Ms. Dunn,
Mr. Ballenger, Mr. Burton of Indiana, Mr. Kim, Mr.
Spence, Mr. Myers of Indiana, Mr. Stearns, Mr.
Santorum, Mr. Paxon, Mr. Allard, Mr. Walker, Mr.
Baker of California, Mr. Barton of Texas, Mr. Pombo,
Mr. Hansen, Mr. Condit, Mr. Hastert, Mr. Kasich, Mr.
Armey, Mr. Crapo, Mr. Crane, Mr. Emerson, Mr. DeLay,
Mr. Lewis of Kentucky, Mr. Roberts, Mr. Kingston, and
Mr. Saxton):
H. Res. 546. Resolution expressing the sense of the House
of Representatives relating to United States Armed Forces in
Haiti; to the Committee on Foreign Affairs.
Para. 112.22 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
493. By the SPEAKER: Memorial of the Legislature of Guam,
relative to the golden anniversary salute of Guam's
liberation; jointly, to the Committees on Post Office and
Civil Service and Natural Resources.
494. Also, Memorial of the Legislature of Guam, relative to
urging the United States of America to adopt appropriate
measures to improve the living conditions of Federal retirees
living in the Philippines; jointly, to the Committees on
Education and Labor, Energy and Commerce, Ways and Means, and
Post Office and Civil Service.
Para. 112.23 additional sponsors
Under Clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 133: Mr. Schiff.
H.R. 559: Mr. Evans and Mr. Rose.
H.R. 692: Mr. Evans, Mr. Torres, and Mr. Serrano.
H.R. 702: Mr. Goodlatte.
H.R. 1276: Mr. Quillen.
H.R. 1381: Mr. Sabo.
H.R. 2648: Mr. Edwards of California and Mr. Lewis of
Georgia.
H.R. 2863: Mr. Wynn, Mr. Kennedy, Mr. Hinchey, Mr.
Goodling, Mr. Schumer, Mr. Menendez, Mr. Pallone, and Mr.
Shays.
H.R. 2873: Mr. Orton.
H.R. 2959: Mr. Engel and Ms. Schenk.
H.R. 3182: Mr. Lewis of Georgia.
H.R. 3251: Mr. Hayes, Mr. Petri, Mr. Manzullo, Mr. Skeen,
Mr. Hoekstra, Ms. Pryce of Ohio, Mr. Pomeroy, Mr. Gallegly,
and Mr. Poshard.
H.R. 3546: Mrs. Vucanovich, Mr. Klug, and Mrs. Clayton.
H.R. 3712: Mr. Gordon, Mr. Kleczka, Mrs. Meyers of Kansas,
Mr. Jefferson, Mr. Flake, Mr. Thompson, Mr. Williams, Mr.
Lancaster, and Mr. Solomon.
H.R. 3713: Mr. Jacobs.
H.R. 3722: Mr. Bachus of Alabama.
H.R. 4303: Mr. Hyde, Mr. Kingston, Mr. Bereuter, Mr.
Gingrich, Mr. Kolbe, Mr. Stump, and Mr. Inslee.
H.R. 4370: Mr. Pallone and Mr. Menendez.
H.R. 4393: Mr. McMillan.
H.R. 4474: Mr. Schiff.
H.R. 4610: Mr. Mollohan, Mr. Olver, Mr. Serrano, Mr. Ortiz,
and Mr. Wilson.
H.R. 4618: Mr. Lewis of Georgia.
H.R. 4669: Mr. Lewis of Georgia.
H.R. 4708: Mr. Lewis of Georgia.
H.R. 4830: Mr. Shuster.
[[Page 2012]]
H.R. 4861: Mr. Talent and Mr. Gingrich.
H.R. 4912: Mr. Fields of Louisiana, Mr. Thompson, Mr.
Barcia of Michigan, Mr. Pastor, Mr. Wilson, Mr. Lancaster,
Ms. Slaughter, and Mr. Parker.
H.R. 4936: Mr. Schiff.
H.R. 4946: Mr. Lipinski, Mr. Durbin, Mr. Poshard, Mr.
Costello, Mr. Evans, Mr. Manzullo, Mr. Reynolds, Mr. Fawell,
Mr. Hastert, and Mr. Rush.
H.R. 4953: Mr. Rohrabacher.
H.R. 4957: Ms. Cantwell and Mr. Boehlert.
H.R. 4971: Mr. Lewis of Georgia.
H.R. 4977: Mr. Lewis of Georgia.
H.R. 4978: Mr. Lewis of Georgia.
H.R. 4979: Mr. Lewis of Georgia.
H.R. 4982: Mr. Emerson, Ms. Pryce of Ohio, Mr. Neal of
Massachusetts, and Mr. Meehan.
H.R. 5028: Mr. DeFazio and Mr. Bilbray.
H.R. 5062: Mr. Rohrabacher, Mr. Kyl, Mr. Moorhead, Mr.
Emerson, Ms. Harman, Mr. Smith of New Jersey, Mr. Clinger,
Mr. Bilirakis, Mr. Young of Florida, Mr. Lewis of Florida,
Mr. Walsh, Mr. Gilchrest, Mr. Duncan, Mr. Doolittle, Mr.
Packard, Mrs. Fowler, Mr. Mica, Ms. Shepherd, Mrs. Clayton,
Mr. Jacobs, Mr. Andrews of New Jersey, Mr. Applegate, Mr.
Oxley, Mr. Porter, Mr. Bereuter, Mr. Hutchinson, Mr. Canady,
Mr. Kim, Mr. Gillmor, Mr. Inhofe, Mr. Hall of Ohio, Mr.
Manzullo, and Mr. Roth.
H.R. 5064: Mr. Dellums and Mr. Hall of Ohio.
H.J. Res. 44: Mr. Payne of Virginia.
H.J. Res. 311: Mr. Barca of Wisconsin, Mr. Deal, Mr.
Gilman, Mr. Hamburg, Mr. Hamilton, Mr. McCloskey, and Mr.
Visclosky.
H.J. Res. 385: Mr. Kennedy, Mr. Meehan, Mr. Neal of
Massachusetts, Mr. Tanner, Mr. McNutly, and Mr. Klein.
H.J. Res. 391: Mr. Emerson, Mr. Flake, Mr. Hutto, Mr.
Klein, Mr. Lipinski, Mr. Martinez, Mr. Pastor, Mr. Watt, and
Mr. Waxman.
H.J. Res. 398: Mr. Rogers, Mr. Kim, Mr. Cramer, Mr.
Coppersmith, Mr. Fazio, Mr. Fawell, Mr. Markey, Mr. Calvert,
Mr. Rose, Mr. Borski, Mr. Fields of Texas, Mr. Schiff, Mr.
Mazzoli, Mr. Pallone, Mr. Hansen, Mr. Wynn, Mr. Swett, Mr. de
la Garza, Mr. Hastert, Mr. Peterson of Florida, Mr. Price of
North Carolina, Mr. McCrery, Mr. Moorhead, Mr. Rahall, Mr.
Hunter, Mr. Skeen, Mr. Young of Florida, Mr. Stenholm, Mr.
Mfume, Mr. Sharp, Mr. Tauzin, Mr. Payne of New Jersey, Mr.
Machtley, Mr. Menendez, Mr. Bateman, and Mr. Valentine.
H.J. Res. 400: Mr. Meehan, Mr. Blackwell, Mr. Jefferson,
Mr. Saxton, Mr. Gingrich, Mr. Emerson, Mr. Frost, Mr.
Lipinski, and Mr. Manton.
H.J. Res. 403: Mr. Moran and Mr. Wynn.
H. Con. Res. 35: Mr. Edwards of California, Mr. Lantos, Mr.
Costello, Mr. Evans, Mr. Studds, Mr. Wheat, Mr. Manton, Mr.
Kopetski, Mr. Kreidler, Mr. Wise, Mr. Kleczka, Mr. Zimmer,
Mr. Ehlers, Ms. English of Arizona, Mr. Mazzoli, Mr. McNulty,
Mr. Tanner, Mr. de la Garza, Mr. McDermott, Mr. de Lugo, Mr.
Peterson of Minnesota, Mr. Synar, and Ms. Molinari.
H. Con. Res. 192: Mr. Moakley.
H. Con. Res. 217: Mr. Dellums.
Para. 112.24 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 3222: Mr. Walsh.
.
MONDAY, SEPTEMBER 26, 1994 (113)
Para. 113.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. POMEROY,
at 10:30 o'clock a.m., who laid before the House the following
communication:
Washington, DC,
September 26, 1994.
I hereby designate the Honorable Earl Pomeroy to act as
Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Whereupon, pursuant to the order of the House of Friday, February 11,
1994, and Friday, June 10, 1994, Members were recognized for ``morning
hour'' debates.
Para. 113.2 recess--10:48 a.m.
The SPEAKER pro tempore, Mr. POMEROY, pursuant to clause 12 of rule I,
declared the House in recess at 10 o'clock and 48 minutes a.m., until 12
o'clock noon.
Para. 113.3 after recess--12:00 noon
The SPEAKER pro tempore, Mr. MONTGOMERY, called the House to order.
Para. 113.4 approval of the journal
The SPEAKER pro tempore, Mr. MONTGOMERY, announced he had examined and
approved the Journal of the proceedings of Friday, September 23, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 113.5 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed without amendment a concurrent resolution of
the House of the following titles:
H. Con. Res. 291. Concurrent resolution directing the
Secretary of the Senate to make corrections in the enrollment
of S. 1587.
The message also announced that the Senate had passed bills and a
joint resolution of the following titles, in which the concurrence of
the House is requested:
S. 1555. An Act to clarify the treatment of the Centennial
Bridge, Rock Island, Illinois, under title 23, United States
Code, and for other purposes;
S. 1887. An Act to amend title 23, United States Code, to
provide for the designation of the National Highway System,
and for other purposes; and
S.J. Res. 221. Joint resolution to express the sense of the
Congress in commemoration of the 75th anniversary of Grand
Canyon National Park.
Para. 113.6 recess--12:08 p.m.
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to clause 12 of rule
I, declared the House in recess at 12 o'clock and 8 minutes p.m, until
4:30 p.m.
Para. 113.7 after recess--4:30 p.m.
The SPEAKER pro tempore, Mr. MONTGOMERY, called the House to order.
Para. 113.8 further message from the senate
A further message from the Senate by Mr. Hallen, one of its clerks,
announced that the Senate agreed to the report of the committee of
conference on the disagreeing votes of the two Houses on the amendment
of the House to the bill (S. 2182) ``An Act to authorize appropriations
for fiscal year 1995 for military activities of the Department of
Defense, for military construction, and for defense programs on the
Department of Energy to prescribe personnel strengths for such fiscal
year for the Armed Forces, and for other purposes.''
Para. 113.9 submission of conference report--h.r. 4650
Mr. HEFNER submitted a conference report (Rept. No. 103-747) on the
bill (H.R. 4650) making appropriations for the Department of Defense for
the fiscal year ending September 30, 1995, and for other purposes;
together with a statement thereon, for printing in the Record under the
rule.
Para. 113.10 providing for the consideration of h.r. 4448
Mr. MOAKLEY, by direction of the Committee on Rules, called up the
following resolution (H. Res. 532):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 4448) to amend the Act establishing Lowell
National Historical Park, and for other purposes. The first
reading of the bill shall be dispensed with. General debate
shall be confined to the bill and shall not exceed one hour
equally divided and controlled by the chairman and ranking
minority member of the Committee on Natural Resources. After
general debate the bill shall be considered for amendment
under the five-minute rule. It shall be in order to consider
as an original bill for the purpose of amendment under the
five-minute rule the amendment in the nature of a substitute
recommended by the Committee on Natural Resources now printed
in the bill. The committee amendment in the nature of a
substitute shall be considered as read. Points of order
against the committee amendment in the nature of a substitute
for failure to comply with clause 5(a) of rule XXI are
waived. At the conclusion of consideration of the bill for
amendment the Committee shall rise and report the bill to the
House with such amendments as may have been adopted. Any
Member may demand a separate vote in the House on any
amendment adopted in the Committee of the Whole to the bill
or to the committee amendment in the nature of a substitute.
The previous question shall be considered as ordered on the
bill and amendments thereto to final passage without
intervening motion except one motion to recommit with or
without instructions.
When said resolution was considered.
After debate,
On motion of Mr. MOAKLEY, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
[[Page 2013]]
was, by unanimous consent, laid on the table.
Para. 113.11 providing for the consideration of h.r. 4008
Mr. MOAKLEY, by direction of the Committee on Rules, called up the
following resolution (H. Res. 542):
Resolved, That at any time after the adoption of this
resolution the Speaker, may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 4008) to authorize appropriations for the
National Oceanic and Atmospheric Administration for fiscal
years 1994 and 1995, and for other purposes. The first
reading of the bill shall be dispensed with. All points of
order against consideration of the bill are waived. General
debate shall be confined to the bill and shall not exceed one
hour, with thirty minutes equally divided and controlled by
the chairman and ranking minority member of the Committee on
Merchant Marine and Fisheries and thirty minutes equally
divided and controlled by the chairman and ranking minority
member of the Committee on Science, Space, and Technology.
After general debate the bill shall be considered for
amendment under the five-minute rule. In lieu of the
committee amendments now printed in the bill, it shall be in
order to consider as an original bill for the purpose of
amendment under the five-minute rule an amendment in the
nature of a substitute consisting of the text of H.R. 5046.
That amendment in the nature of a substitute shall be
considered by title rather than by section. Each title shall
considered as read. All points of order against that
amendment in the nature of a substitute are waived. At the
conclusion of consideration of the bill for amendment the
Committee shall rise and report the bill to the House with
such amendments as may have been adopted. Any Member may
demand a separate vote in the House on any amendment adopted
in the Committee of the Whole to the bill or to the amendment
in the nature of a substitute made in order as original text.
The previous question shall be considered as ordered on the
bill and amendments thereto to final passage without
intervening motion except one motion to recommit with or
without instructions.
When said resolution was considered.
After debate,
On motion of Mr. MOAKLEY, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 113.12 noaa authorization
The SPEAKER pro tempore, Mr. HASTINGS, pursuant to House Resolution
542 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the consideration of the
bill (H.R. 4008) to authorize appropriations for the National Oceanic
and Atmospheric Administration for fiscal years 1994 and 1995, and for
other purposes.
The SPEAKER pro tempore, Mr. HASTINGS, by unanimous consent,
designated Mr. VENTO as Chairman of the Committee of the Whole; and
after some time spent therein,
The SPEAKER pro tempore, Mr. COLEMAN, assumed the Chair.
When Mr. VENTO, Chairman, pursuant to House Resolution 542, reported
the bill back to the House with an amendment adopted by the Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Oceanic and
Atmospheric Administration Authorization Act of 1994''.
SEC. 2. DEFINITIONS.
For the purposes of this Act, the term--
(1) ``Act of 1890'' means the Act entitled ``An Act to
increase the efficiency and reduce the expenses of the Signal
Corps of the Army, and to transfer the Weather Bureau to the
Department of Agriculture'', approved October 1, 1890 (26
Stat. 653);
(2) ``Act of 1947'' means the Act entitled ``An Act to
define the functions and duties of the Coast and Geodetic
Survey, and for other purposes'', approved August 6, 1947 (33
U.S.C. 883a et seq.); and
(3) ``Act of 1970'' means the Act entitled ``An Act to
clarify the status and benefits of commissioned officers of
the National Oceanic and Atmospheric Administration, and for
other purposes'', approved December 31, 1970 (33 U.S.C. 857-1
et seq.).
TITLE I--NOAA OCEAN AND COASTAL PROGRAMS
SEC. 101. NATIONAL OCEAN SERVICE.
(a) Mapping and Charting.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce, to enable the National Oceanic and
Atmospheric Administration to carry out mapping and charting
activities under the Act of 1947 and any other law involving
those activities, $29,005,000 for fiscal year 1995 and
$30,049,000 for fiscal year 1996.
(2) Automated nautical charting.--In addition to amounts
authorized under paragraph (1), there are authorized to be
appropriated to the Secretary of Commerce, to enable the
National Oceanic and Atmospheric Administration to develop
and implement an automated nautical charting system,
$1,300,000 for fiscal year 1995 and $1,347,000 for fiscal
year 1996.
(b) Geodesy.--There are authorized to be appropriated to
the Secretary of Commerce, to enable the National Oceanic and
Atmospheric Administration to carry out geodesy activities
under the Act of 1947 and any other law involving those
activities, $19,332,000 for fiscal year 1995 and $20,028,000
for fiscal year 1996.
(c) Observation and Prediction.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce, to enable the National Oceanic and
Atmospheric Administration to carry out observation and
prediction activities under the Act of 1947 and any other law
involving those activities, $12,429,000 for fiscal year 1995
and $12,876,000 for fiscal year 1996.
(2) Circulatory survey program.--In addition to amounts
authorized under paragraph (1), there are authorized to be
appropriated to the Secretary of Commerce, to enable the
National Oceanic and Atmospheric Administration to carry out
the Circulatory Survey Program, $700,000 for fiscal year 1995
and $725,000 for fiscal year 1996.
(3) Ocean and earth sciences.--In addition to amounts
authorized under paragraph (1), there are authorized to be
appropriated to the Secretary of Commerce, to enable the
National Oceanic and Atmospheric Administration to carry out
ocean and earth science activities, $4,442,000 for fiscal
year 1995 and $4,602,000 for fiscal year 1996.
(4) Center for ocean analysis and prediction.--In addition
to amounts authorized under paragraph (1), there are
authorized to be appropriated to the Secretary of Commerce,
to enable the National Oceanic and Atmospheric Administration
to continue the activities of the Center for Ocean Analysis
and Prediction, $400,000 for fiscal year 1995 and $414,000
for fiscal year 1996.
(5) Observation buoys.--In addition to amounts authorized
under paragraph (1), there are authorized to be appropriated
to the Secretary of Commerce, to enable the National Oceanic
and Atmospheric Administration to operate and maintain
observation buoys in the Chesapeake Bay, $400,000 for fiscal
year 1995 and $414,000 for fiscal year 1996.
(d) Estuarine and Coastal Assessment.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce, to enable the National Oceanic and
Atmospheric Administration to support estuarine and coastal
assessment activities under the Act of 1947 and any other law
involving those activities, $2,420,000 for fiscal year 1995
and $2,507,000 for fiscal year 1996.
(2) Ocean assessment.--In addition to amounts authorized
under paragraph (1), there are authorized to be appropriated
to the Secretary of Commerce, to enable the National Oceanic
and Atmospheric Administration to carry out the National
Status and Trends Program, the Strategic Environmental
Assessment Program, and the Hazardous Materials Response
Program, $18,945,000 for fiscal year 1995 and $19,627,000 for
fiscal year 1996.
(3) Damage assessment program.--In addition to amounts
authorized under paragraph (1), there are authorized to be
appropriated to the Secretary of Commerce, to enable the
National Oceanic and Atmospheric Administration to carry out
the Damage Assessment Program, $1,500,000 for fiscal year
1995 and $1,554,000 for fiscal year 1996.
(4) Coastal ocean program.--In addition to amounts
authorized under paragraph (1), there are authorized to be
appropriated to the Secretary of Commerce, to enable the
National Oceanic and Atmospheric Administration to carry out
the Coastal Ocean Program, $11,433,000 for fiscal year 1995
and $11,845,000 for fiscal year 1996. Of the amounts
authorized under this paragraph for fiscal years 1995 and
1996, a total of $120,000 is available until expended to
study the use of oceanographic data obtained from satellite
imagery and other sources to determine and predict the
presence of endangered sea turtles in the Gulf of Mexico.
(e) Ocean Management.--There are authorized to be
appropriated to the Secretary of Commerce, to enable the
National Oceanic and Atmospheric Administration to carry out
deep ocean mineral and ocean energy activities, $500,000 for
each of fiscal years 1995 and 1996.
SEC. 102. OCEAN AND GREAT LAKES RESEARCH.
(a) Marine Prediction Research.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce, to enable the National Oceanic and
Atmospheric Administration to carry out marine prediction
research activities under the Act of 1947, the Act of 1890,
and any other law involving those activities, $10,000,000 for
fiscal year 1995 and $10,360,000 for fiscal year 1996.
(2) Great lakes environmental research laboratory.--
(A) In general.--There are authorized to be appropriated to
the Secretary of Commerce, for the operation and maintenance
of the Great Lakes Environmental Research
[[Page 2014]]
Laboratory, $4,558,000 for fiscal year 1995 and $4,722,000
for fiscal year 1996.
(B) Great lakes nearshore research.--There are authorized
to be appropriated to the Secretary of Commerce, to enable
the National Oceanic and Atmospheric Administration to carry
out nearshore research activities of the Great Lakes
Environmental Research Laboratory, $500,000 for each of
fiscal years 1995 and 1996.
(C) Zebra mussel research.--In addition to amounts
authorized under subparagraph (A), there are authorized to be
appropriated to the Secretary of Commerce, to enable the
National Oceanic and Atmospheric Administration to carry out
zebra mussel research activities of the Great Lakes
Environmental Research Laboratory under the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16
U.S.C. 4701 et seq.), $911,000 for fiscal year 1995 and
$1,125,000 for fiscal year 1996.
(3) Southeast florida and caribbean recruitment program.--
In addition to amounts authorized under paragraph (1), there
are authorized to be appropriated to the Secretary of
Commerce a total of $2,000,000 for fiscal years 1995 and 1996
to enable the National Oceanic and Atmospheric Administration
to carry out, through the Cooperative Institute for Marine
and Atmospheric Studies, collaborative investigations to
examine the physical and biological processes which--
(A) occur in tropical marine environments in coastal waters
of the United States, Florida, and the Caribbean; and
(B) impact variability and development of fisheries
resources.
(b) Climate and Global Change Research.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce, to enable the National Oceanic and
Atmospheric Administration to carry out climate and global
change research activities, $71,000,000 for fiscal year 1995
and $84,012,000 for fiscal year 1996. Of sums appropriated
under this subsection, sufficient funds should be made
available by the Secretary of Commerce to initiate and
support research on the effects of climate and global change
on the Nation's major freshwater systems, including the Great
Lakes and the Mississippi River.
(2) Environmental observations.--In addition to the amounts
authorized to be appropriated under paragraph (1), there is
authorized to be appropriated to the Secretary of Commerce
$7,000,000 for each of fiscal years 1995 and 1996 for a
program to increase scientific understanding of the earth by
using a network of schools to collect environmental
observations. Beginning in fiscal year 1996, amounts
appropriated for such program may be obligated only to the
extent that an equal or greater amount of non-Federal funding
is provided for such program.
(3) Implementation of landsat agreement.--Section 103 of
the Land Remote Sensing Policy Act of 1992 is amended by
adding at the end the following new subsection:
``(c) Implementation of Agreement.--If negotiations under
subsection (a) result in an agreement that the Landsat
Program Management determines generally achieves the goals
stated in subsection (a) (1) through (8), the Landsat Program
Management shall award an extension, until the practical
demise of Landsat 4 or Landsat 5, whichever occurs later, of
the existing contract with the Landsat 6 contractor
incorporating the terms of such agreement.''.
TITLE II--NOAA MARINE FISHERY PROGRAMS
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
The National Oceanic and Atmospheric Administration Marine
Fisheries Program Authorization Act (Public Law 98-210; 97
Stat. 1409) is amended--
(1) in section 2(a) by--
(A) striking ``1992 and'' and inserting ``1992,''; and
(B) inserting after ``1993'' the following: ``, $51,092,000
for fiscal year 1995, and $52,931,000 for fiscal year 1996'';
(2) in section 3(a) by--
(A) striking ``1992 and'' and inserting ``1992,''; and
(B) inserting after ``1993'' the following: ``, $14,198,000
for fiscal year 1995, and $14,709,000 for fiscal year 1996'';
and
(3) in section 4(a) by--
(A) striking ``1992 and'' and inserting ``1992,''; and
(B) inserting after ``1993'' the following: ``, $17,089,000
for fiscal year 1995, and $17,704,000 for fiscal year 1996''.
SEC. 202. AMENDMENTS TO THE MERCHANT MARINE ACT, 1936.
Section 1104A(b)(2) of the Merchant Marine Act, 1936 (46
App. U.S.C. 1274(b)(2)), is amended in the third proviso by
striking ``, except that no debt may be placed under this
proviso through the Federal Financing Bank''.
SEC. 203. SCALLOP RESTORATION PROGRAM.
There are authorized to be appropriated to the Secretary of
Commerce $200,000 for each of fiscal years 1995 and 1996, for
the establishment and maintenance of a scallop restoration
program for Long Island Sound.
SEC. 204. SALTONSTALL-KENNEDY PROGRAM AMENDMENTS.
(a) In General.--Section 2 of the Act of August 11, 1939
(15 U.S.C. 713c-3), popularly known as the ``Saltonstall-
Kennedy Act'', is amended--
(1) by striking ``Sec. 2.'' the second place it appears;
(2) in subsection (b)(1) by--
(A) striking subparagraph (B);
(B) striking ``only for--'' and all that follows through
``the Secretary--'' and inserting ``only for use by the
Secretary--'';
(C) redesignating clauses (i), (ii), and (iii) in order as
subparagraphs (A), (B), and (C); and
(D) moving subparagraphs (A), (B), and (C), as redesignated
by subparagraph (C) of this paragraph, 2 ems to the left so
that the left margin of those subparagraphs is aligned with
the left margin of section 2(a)(5) of that Act (15 U.S.C.
713c-3(a)(5)); and
(3) by striking the designation and heading for subsection
(c) and all that follows through paragraph (4) of that
subsection, and inserting the following:
``(c) Fisheries Research and Development Projects.--
``(1) In general.--The Secretary shall make grants from the
fund established under subsection (b) for the purpose of
assisting persons in carrying out research and development
projects to promote the sustainable use and development of
United States fisheries, including harvesting, processing,
aquaculture, marketing, and associated infrastructures.
``(2) Secretary's duties.--The Secretary shall each fiscal
year--
``(A) receive at least once, during a 60-day period
specified by the Secretary, applications for grants under
this subsection pursuant to a Request for Proposals published
in the Federal Register;
``(B) prescribe in that Request for Proposals the form and
manner in which applications for grants under this subsection
must be made, including the specification of the information
which must accompany applications to ensure that the proposed
projects comply with Federal law and can be properly
evaluated under paragraph (3);
``(C) include in that Request for Proposals a list of
priorities for grants under this subsection that is based on
the priorities recommended for the fiscal year under
paragraph (3)(F); and
``(D) approve or disapprove each such application--
``(i) based primarily on the recommendations of the grants
review panel established under paragraph (3) for the fiscal
year; and
``(ii) before the end of the 90-day period beginning on the
day after the last day of the application period specified in
the Request for Proposals under subparagraph (A); and
``(E) to the extent amounts are available, obligate funds
for grants for approved applications before the end of the
fiscal year for which the funds are available, except that up
to 10 percent of funds available for a fiscal year may be
obligated in the next fiscal year.
``(3) Evaluation and approval of proposals.--
``(A) Suitability for evaluation.--For each application
received under paragraph (2) in a fiscal year, the Secretary
shall--
``(i) make a determination whether the project proposed in
the application meets the requirements of this subsection and
is consistent with the priorities recommended for the fiscal
year under subparagraph (F); and
``(ii) if so, forward the proposal to the grants review
panel established for the fiscal year under subparagraph (B).
``(B) Grants review panel.--Each fiscal year, the Secretary
shall establish a grants review panel that consists of
individuals with expertise in fisheries research,
development, or management, that represents a balance among
those disciplines, that is balanced in the representation of
those disciplines, and that is balanced in the representation
of the geographic regions of the United States. Each grants
review panel shall review each proposal forwarded by the
Secretary under subparagraph (A)(ii) and make recommendations
to the Secretary for awarding grants under this subsection
among those proposals for the fiscal year, subject to the
criteria described in subparagraph (C) and consistent with
the funding available for the fiscal year.
``(C) Criteria for evaluation of proposals.--Each grants
review panel shall evaluate each proposal as to--
``(i) the value of the proposal in promoting the purpose
described in paragraph (1) in general and in fulfilling the
applicable regional priorities recommended under subparagraph
(F);
``(ii) the soundness of its design (including the
likelihood of securing useful results, and the organization
and management of the proposal);
``(iii) the minimization of duplication within fisheries
research and development activities; and
``(iv) based on the criteria in clauses (i), (ii) and
(iii), the overall quality and rank of the proposal relative
to the other proposals under review.
``(D) Industrial partners.--In evaluating and ranking
proposals under this subsection that are of equivalent
overall quality and rank based on the criteria set forth in
subparagraph (C), a grants review panel and the Secretary
shall give preference to proposals in which at least 1 of the
persons that would be a principal grantee under the proposal
receives a substantial portion of income from seafood
harvesting, processing, marketing, or propagation.
``(E) Notice of decision by the secretary.--If the
Secretary approves or disapproves an application for a
proposal contrary to the recommendations of a grants review
panel, the Secretary shall notify the panel, the Committee on
Merchant Marine and Fisheries of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate in
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writing of that decision, including the reasons for that
decision.
``(F) Recommendations for future funding priorities.--Each
grants review panel shall, after evaluating proposals and
making grants recommendations, and after consulting with
interested parties, recommend to the Secretary for the next
fiscal year national and regional priorities for grants under
this subsection.
``(4) Terms and conditions.--Each grant made under this
subsection shall be subject to such terms and conditions as
the Secretary may require to protect the interests of the
United States, including the following:
``(A) Records.--The recipient of the grant--
``(i) must keep such records as the Secretary shall require
as being necessary and appropriate for disclosing the use
made of grant funds; and
``(ii) shall allow the Secretary and the Comptroller
General of the United States, or any of their authorized
representatives, access to such records for purposes of audit
and examination.
``(B) Amount of grant.--The amount of a grant may not be
less than 50 percent of the estimated cost of the project.
``(C) Period of grant.--A grant may not provide funding for
more than 2 years from the date of the release of the funds
to the grantee.
``(D) Status report.--The recipient of a grant shall submit
annually to the Secretary a project status report. The
Secretary may not release funds to the recipient for any
subsequent period of funding for that grant or for any other
grant to that recipient made by the Secretary under this
subsection until the Secretary receives that report.''.
(b) Application.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section apply to fiscal years
beginning after the date of the enactment of this Act.
(2) List of regional priorities.--Notwithstanding section
2(c)(2)(C) of the Act of August 11, 1939, as amended by
subsection (a)(2) of this section, the list of priorities
referred to in that section for the first fiscal year
beginning after the date of the enactment of this Act is not
required to be based on priorities recommended under
paragraph (3)(F) of that section.
TITLE III--ADMINISTRATION AND OTHER ACCOUNTS
SEC. 301. PROGRAM SUPPORT.
(a) Executive Direction and Administrative Activities.--
There are authorized to be appropriated to the Secretary of
Commerce, to enable the National Oceanic and Atmospheric
Administration to carry out executive direction and
administrative activities under the Act of 1970 and any other
law involving those activities, $25,000,000 for fiscal year
1995 and $25,900,000 for fiscal year 1996.
(b) Systems Acquisition Office.--There are authorized to be
appropriated to the Secretary of Commerce, to enable the
National Oceanic and Atmospheric Administration to operate
and maintain the Systems Acquisition Office under the Act of
1970, $1,100,000 for fiscal year 1995 and $1,140,000 for
fiscal year 1996.
(c) Central Administrative Support.--There are authorized
to be appropriated to the Secretary of Commerce, to enable
the National Oceanic and Atmospheric Administration to carry
out central administrative support activities under the Act
of 1970 and any other law involving those activities,
$38,000,000 for fiscal year 1995 and $39,368,000 for fiscal
year 1996.
(d) Retired Pay.--There are authorized to be appropriated
to the Secretary of Commerce, for retired pay for retired
commissioned officers of the National Oceanic and Atmospheric
Administration under the Act of 1970, $7,706,000 for fiscal
year 1995 and $7,983,000 for fiscal year 1996.
(e) Marine Services.--There are authorized to be
appropriated to the Secretary of Commerce, to enable the
National Oceanic and Atmospheric Administration to carry out
marine services activities (including ship operations,
maintenance, and support) under the Act of 1947 and any other
law involving those activities, $63,508,000 for fiscal year
1995 and $65,794,000 for fiscal year 1996.
TITLE IV--MISCELLANEOUS NOAA PROGRAMS
SEC. 401. NAUTICAL PRODUCTS.
(a) Deposit and Use of Receipts from Nautical Products.--
Notwithstanding section 1307(b) of title 44, United States
Code, one-sixth of the fees collected each fiscal year from
the sale of nautical products by the National Oceanic and
Atmospheric Administration and from any licensing of those
products by the National Oceanic and Atmospheric
Administration which is authorized by law--
(1) shall be deposited into the Operations, Research, and
Facilities account of the National Oceanic and Atmospheric
Administration; and
(2) shall be available to the Secretary of Commerce, in the
manner provided for under section 312(d) of the National
Marine Sanctuaries Act, only for the acquisition and
installation of Physical Ocean Real-Time Systems, the
acquisition and maintenance of upgraded hydrographic survey
equipment, and other National Ocean Service activities
directly related to the modernization and improvement of
maritime safety.
(b) Budgetary Treatment of Receipts from Nautical
Products.--Amounts deposited and available to the Secretary
of Commerce under subsection (a)(1) and (2)--
(1) shall not be considered to be offsetting receipts of
the National Oceanic and Atmospheric Administration or the
Department of Commerce; and
(2) shall not be available for administrative costs of the
National Oceanic and Atmospheric Administration or the
Department of Commerce.
(c) Deployment of Physical Ocean Real Time System.--No
later than 270 days after the date of enactment of this Act,
the Secretary of Commerce shall deploy, in Galveston Bay and
the Houston Ship Channel a Physical Ocean Real Time System
consisting, at a minimum, of current, wind, tide, salinity,
and water level measuring devices and necessary computer
links.
SEC. 402. USE OF OCEAN RESEARCH RESOURCES OF OTHER FEDERAL
AGENCIES.
(a) Findings.--The Congress finds the following:
(1) Changes in the defense needs of the United States have
redefined the status of many defense- related assets.
(2) Observing, monitoring, and predicting the ocean
environment has been a high priority for the defense
community to support ocean operations.
(3) Many advances in ocean research have been made by the
defense community which could be shared with civilian
researchers.
(4) The National Oceanic and Atmospheric Administration's
missions to describe and predict the ocean environment,
manage the Nation's ocean and coastal resources, and promote
stewardship of the world's oceans would benefit from
increased cooperation with defense agencies.
(b) Sense of Congress.--It is the sense of the Congress
that the National Oceanic and Atmospheric Administration
should expand its efforts to develop interagency agreements
to further the use of defense-related technologies, data, and
other resources to support its oceanic missions.
(c) Report.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Commerce shall
submit to the Committee on Merchant Marine and Fisheries of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
feasibility of expanding the use of defense-related
technologies, data, and other resources to support and
enhance the oceanic missions of the National Oceanic and
Atmospheric Administration.
(2) Contents.--The report required under paragraph (1)
shall include--
(A) a detailed listing of defense-related resources
currently available to the National Oceanic and Atmospheric
Administration and the National Oceanic and Atmospheric
Administration missions which utilize those resources;
(B) detailed findings and recommendations, including
funding requirements, on the potential for expanding the use
of available defense-related resources;
(C) a detailed listing and funding history of the National
Oceanic and Atmospheric Administration resources, including
data and technology, which could be supplemented by defense-
related resources;
(D) a listing of currently unavailable defense-related
resources, including data and technology, which if made
available would enhance the National Oceanic and Atmospheric
Administration mission performance;
(E) recommendations on the regulatory and legislative
structures needed to maximize the use of defense-related
resources;
(F) an assessment of the respective roles in the use of
defense-related resources of the Corps, data centers,
operational centers, and research facilities of the National
Oceanic and Atmospheric Administration; and
(G) recommendations on how to provide access to relevant
defense-related data for non-Federal scientific users.
SEC. 403. NAUTICAL CHARTING MODERNIZATION AND IMPROVEMENT.
(a) Study.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Commerce shall submit
to the Committee on Merchant Marine and Fisheries of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
status of National Oceanic and Atmospheric Administration
programs related to marine navigation safety.
(b) Contents.--The study under subsection (a) shall include
the funding history of navigation-related programs of the
National Oceanic and Atmospheric Administration, adjusted for
inflation, over at least the last 10 fiscal years, and
detailed findings and recommendations on the following:
(1) The missions and objectives of National Oceanic and
Atmospheric Administration's navigation-related programs,
including regarding the statutory or other authorities that
enable or require the National Oceanic and Atmospheric
Administration to conduct those programs.
(2) The technological, financial, or other factors that
limit the National Oceanic and Atmospheric Administration's
ability to modernize its navigation-related programs.
(3) Near-term actions, without regard to financial
constraints, that are required to enable National Oceanic and
Atmospheric Administration to address critical deficiencies
in its navigation-related programs.
(4) Actions that need to be taken to allow the National
Oceanic and Atmospheric Administration to fulfill its
navigation-related responsibilities into the 21st century.
(5) A comparison of the resources and activities of
National Oceanic and Atmospheric Administration's navigation-
related pro-
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grams with those of other Federal agencies supporting the
United States maritime infrastructure.
(6) Past organizational changes within the National Oceanic
and Atmospheric Administration and foreseeable future
organizational changes that have affected, or would affect,
the ability of the National Oceanic and Atmospheric
Administration to provide navigation-related services.
SEC. 404. WEST COAST GROUNDFISH LABORATORY.
(a) Site Selection Factors.--In selecting a site for
placement of a replacement for the National Marine Fisheries
Service Lab at Tiburon, California, the Secretary of Commerce
shall take into account the following factors:
(1) The proximity of sites considered to--
(A) groundfish fisheries, salmon fisheries, and other
unique marine study areas;
(B) academic and private research institutions which
conduct relevant marine habitat and environmental research;
(C) other National Oceanic and Atmospheric Administration
research and management elements; and
(D) other Federal, State, and private marine related
research facilities.
(2) The ability of the National Oceanic and Atmospheric
Administration to retain current staff.
(3) The relative construction and operation costs,
including the potential for collocation with other Federal
facilities.
(b) Authorization for Architecture and Engineering
Studies.--In addition to amounts otherwise authorized by this
Act, there are authorized to be appropriated to the Secretary
of Commerce, for architecture and engineering studies
regarding the replacement for the National Marine Fisheries
Service Lab at Tiburon, California, $1,500,000 for fiscal
year 1995.
SEC. 405. MARINE SANCTUARIES FACILITIES.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Commerce shall report to the
Committee on Merchant Marine and Fisheries of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on needs of the Department of
Commerce for facilities (including real property for
facilities) for the National Marine Sanctuary Program
established under the National Marine Sanctuaries Act (16
U.S.C. 1431 et seq.).
SEC. 406. SAN FRANCISCO BAY PORT SYSTEM.
(a) In General.--The Secretary of Commerce (hereinafter in
this section referred to as the ``Secretary'') shall
establish for San Francisco Bay in accordance with this
section the safe navigation system known as the Physical
Ocean Real Time System (known, and hereinafter in this
section referred to, as the ``PORT System''), after
completion of implementation of section 401(c).
(b) Study.--After completion of implementation of section
401(c), and not later than 1 year after the date of that
completion, the Secretary shall conduct a hydrodynamics
modeling study of San Francisco Bay to determine the
appropriate technology and equipment and the effective
placement of instruments for the establishment of the PORT
System for San Francisco Bay.
(c) Implementation.--
(1) In general.--Not later than 1 year after the completion
of the study under subsection (b), the Secretary, in
consultation with the State of California Office of Oil Spill
Prevention and Response and subject to paragraph (2), shall
acquire, install, and activate appropriate equipment to
establish an operational PORT System for the San Francisco
Bay.
(2) Condition.--The Secretary may not take any action under
paragraph (1) unless the State of California Office has
provided to the Secretary adequate assurances that the State
will fund the operation and maintenance of the PORT System
for San Francisco Bay after its installation.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out this section
$4,200,000 for fiscal years 1995 and 1996.
SEC. 407. CONVEYANCE OF NATIONAL MARINE FISHERIES SERVICE
LABORATORY AT GLOUCESTER, MASSACHUSETTS.
(a) Conveyance Required.--
(1) In general.--The Secretary of Commerce shall convey to
the Commonwealth of Massachusetts, all right, title, and
interest of the United States in and to the property
comprising the National Marine Fisheries Service laboratory
located on Emerson Avenue in Gloucester, Massachusetts.
(2) Terms.--A conveyance of property under paragraph (1)
shall be made--
(A) without payment of consideration; and
(B) subject to the terms and conditions specified under
subsections (b) and (c).
(b) Conditions for Transfer.--
(1) In general.--As a condition of any conveyance of
property under this section, the Commonwealth of
Massachusetts shall assume full responsibility for
maintenance of the property for as long as the Commonwealth
retains the right and title to that property.
(2) Continued use of property by nmfs.--The Secretary may
enter into a memorandum of understanding with the
Commonwealth of Massachusetts under which the National Marine
Fisheries Service is authorized to occupy existing laboratory
space on the property conveyed under this section, if--
(A) the term of the memorandum of understanding is for a
period of not longer than 5 years beginning on the date of
enactment of this Act; and
(B) the square footage of the space to be occupied by the
National Marine Fisheries Service does not conflict with the
needs of, and is agreeable to, the Commonwealth of
Massachusetts.
(c) Reversionary Interest.--All right, title, and interest
in and to all property conveyed under this section shall
revert to the United States on the date on which the
Commonwealth of Massachusetts uses any of the property for
any purpose other than the Commonwealth of Massachusetts
Division of Marine Fisheries resource management program.
SEC. 408. REIMBURSEMENT OF EXPENSES.
(a) In General.--Notwithstanding section 3302 (b) and (c)
of title 31, United States Code, and subject to subsection
(b) of this section, all amounts received by the United
States in settlement of, or judgment for, damage claims
arising from the October 9, 1992, allision of the vessel
ZACHERY into the National Oceanic and Atmospheric
Administration research vessel DISCOVERER--
(1) shall be retained as an offsetting collection in the
Fleet Modernization, Shipbuilding, and Conversion account of
the National Oceanic and Atmospheric Administration;
(2) shall be deposited in that account upon receipt by the
United States Government; and
(3) shall be available only for obligation for National
Oceanic and Atmospheric Administration vessel repairs.
(b) Limitation.--Not more than $518,757.09 of the amounts
referred to in subsection (a) may be deposited into the Fleet
Modernization, Shipbuilding, and Conversion account pursuant
to subsection (a).
SEC. 409. NOAA FLEET MODERNIZATION.
(a) Authority To Contract.--
(1) In general.--The Secretary may enter into only the
following contracts in fiscal years 1995 and 1996 to
implement the Plan:
(A) Repairs to extend the service life of the R/V
DISCOVERER.
(B) Construction of a medium endurance oceanographic
research vessel.
(C) A service life extension of the R/V DELAWARE II.
(D) Conversion of a T-AGOS vessel for oceanographic
research.
(E) Construction of a coastal/low endurance vessel for
living marine research.
(F) Leasing to fulfill any NOAA mission requirements.
(G) Necessary repairs to and maintenance of any vessel in
the NOAA fleet, subject to subsection (b).
(H) Necessary requirements, designs, and specifications for
future vessel repair, conversion, construction, or lease.
(2) Contract defined.--Section 602 of the NOAA Fleet
Modernization Act (33 U.S.C. 891) is amended by adding at the
end the following:
``(6) `contract' means any contract or other agreement for
the construction, conversion, lease, chartering, service life
extension, or repair or maintenance of any vessel of the NOAA
fleet, and provision of related equipment, including the
development of any necessary requirement, design, or
specification. The term includes contracts entered into on
behalf of the Secretary by another Federal department,
agency, or instrumentality, if the vessel which is the
subject of the contract will be operated by or for the
benefit of the Department of Commerce.''.
(b) Limitation on Expenditures for Repairs and
Maintenance.--Notwithstanding any other law, of the total
amount appropriated for fiscal years 1991 through 1996 to the
Fleet Modernization, Shipbuilding, and Conversion account of
the National Oceanic and Atmospheric Administration, not more
than 20 percent may be expended by the Secretary for repairs
and maintenance of vessels in the NOAA fleet.
(c) Leasing and Contracts.--
(1) In general.--The Secretary shall for each of fiscal
years 1995 and 1996, enter into contracts or service
contracts under the NOAA Fleet Modernization Act (33 U.S.C.
891 et seq.) to use University-National Oceanographic
Laboratory System or non-Federal vessels.
(2) Amount subject to obligation.--Amounts subject to
obligation under paragraph (1) shall be, for each fiscal
year, the greater of $6,000,000 or 10 percent of the amounts
appropriated to the Fleet Modernization, Shipbuilding, and
Conversion account for fiscal years 1995 and 1996.
(d) Definitions.--In this section each of the terms
``contract'', ``NOAA'', ``NOAA fleet'', ``Plan'', and
``Secretary'' has the meaning given to that term in section
602 of the NOAA Fleet Modernization Act (33 U.S.C. 891), as
amended by this section.
SEC. 410. STUDY OF NOAA CORPS.
(a) Study.--The Secretary of Commerce shall, subject to the
availability of appropriations, contract with the Marine
Board of the National Research Council to examine and report
to the Secretary on the appropriate role of the National
Oceanic and Atmospheric Administration Corps in supporting
NOAA missions. In particular, the Marine Board shall--
(1) examine whether there is a continued need for a
uniformed service to operate the NOAA fleet, fly weather
observations, conduct hydrographic surveys, manage national
marine sanctuaries, conduct NOAA research, and participate in
other NOAA activities;
(2) examine the role of the NOAA Corps in modernizing the
NOAA fleet and the involvement of the NOAA Corps in obtaining
efficient, effective, low-cost ship support of NOAA missions;
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(3) compare the full costs of utilizing the services of the
NOAA Corps compared to civilian employees in similar
positions; and
(4) determine whether adequately trained civilian employees
are available to fill NOAA Corps positions.
(b) Deadline.--No later than 1 year after the date of
enactment of this Act, the Secretary of Commerce shall submit
the report of the Marine Board under subsection (a) to the
Committee on Merchant Marine and Fisheries of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(c) Definitions.--In this section, the definitions in
section 409(d) apply.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of Commerce to carry out
this section a total of $100,000 for fiscal years 1995 and
1996, to remain available until expended.
SEC. 411. REPORT ON RESEARCH AND EFFECTS OF CLIMATE AND
GLOBAL CHANGE ON FRESHWATER SYSTEMS.
Within 60 days after the date of submission of the
President's budget request for each of fiscal years 1996 and
1997, the Secretary of Commerce shall submit a report to the
Committee on Merchant Marine and Fisheries of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, on--
(1) the amount of funds allocated and the activities
supported for research on the effects of climate and global
change on the Nation's major freshwater systems, including
international commitments;
(2) the criteria used in determining those allocations and
in selecting those activities; and
(3) specific proposed agency plans for implementing
research programs and activities to evaluate the effects of
climate and global change on the Nation's major freshwater
systems.
SEC. 412. PROMOTION AND COORDINATION OF NATIONAL ESTUARINE
RESEARCH RESERVES.
The Secretary of Commerce shall take such action as is
necessary and reasonable to promote and coordinate the use of
National Estuarine Research Reserves for research,
monitoring, and education purposes. Such action may include
consulting with Federal agencies, States, local governments,
regional agencies, interstate agencies, or other persons to
promote use of one or more such reserves for research,
monitoring, and education, including coordination with the
National Marine Sanctuaries Program.
SEC. 413. STUDY ON EFFECTS OF DOLPHIN FEEDING.
(a) Study.--The Secretary of Commerce shall conduct a study
on the effects of feeding noncaptive dolphins in the Gulf of
Mexico and Southern Atlantic Ocean. The study shall consider
the potential impacts on the behavior or general health of
wild populations of dolphins resulting from this feeding.
(b) Use of the Study.--The Secretary of Commerce shall use
the results of the study required under subsection (a) in
determining whether and under what conditions feeding
noncaptive dolphins may be authorized.
(c) Report.--Within 1 year after the date of enactment of
this Act, the Secretary shall submit to the Committee on
Merchant Marine and Fisheries of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate a report on the results of the study.
SEC. 414. FLOWER GARDEN BANKS BOUNDARY MODIFICATION.
(a) Modification.--Notwithstanding section 304 of the
National Marine Sanctuaries Act (16 U.S.C. 1434), the
boundaries of the Flower Garden Banks National Marine
Sanctuary, as designated by Public Law 102-251, are amended
to include the area described in subsection (d), popularly
known as Stetson Bank. This area shall be part of the Flower
Garden Banks National Marine Sanctuary and shall be managed
and regulated as though it had been designated by the
Secretary of Commerce under the National Marine Sanctuaries
Act.
(b) Depiction of Sanctuary Boundaries.--The Secretary of
Commerce shall--
(1) prepare a chart depicting the boundaries of the Flower
Garden Banks National Marine Sanctuary, as modified by this
section; and
(2) submit copies of this chart to the Committee on
Merchant Marine and Fisheries of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate.
(c) Application of Regulations.--Regulations issued by the
Secretary of Commerce to implement the designation of the
Flower Garden Banks National Marine Sanctuary shall apply to
the area described in subsection (d), unless modified by the
Secretary. This subsection shall take effect 45 days after
the date of enactment of this Act.
(d) Area Described.--
(1) In general.--Except as provided in paragraph (2), the
area referred to in subsections (a), (b), and (c) is the area
that is--
(A) generally depicted on the Department of the Interior,
Minerals Management Service map titled ``Western Gulf of
Mexico, Lease Sale 143, September 1993, Biologically
Sensitive Areas, Map 3 of 3, Final'';
(B) labeled ``Stetson'' on the High Island Area South
Addition diagram on that map; and
(C) within the 52 meter isobath.
(2) Minor boundary adjustments.--The Secretary of Commerce
may make minor adjustments to the boundaries of the area
described in paragraph (1) as necessary to protect the living
coral resources of Stetson Bank or to simplify administration
of the Flower Garden Banks National Marine Sanctuary.
(e) Publication of Notice.--
(1) In general.--The Secretary of Commerce shall, as soon
as practicable after the date of the enactment of this Act,
publish in the Federal Register a notice describing--
(A) the boundaries of the Flower Garden Banks National
Marine Sanctuary, as modified by this section, and
(B) any modification of regulations applicable to that
Sanctuary that are necessary to implement that modification
of the boundaries of the Sanctuary.
(2) Treatment as notice required under national marine
sanctuaries act.--A notice published under paragraph (1)
shall be considered to be the notice required to be published
under section 304(b)(1) of the National Marine Sanctuaries
Act (16 U.S.C. 1434).
SEC. 415. AMENDMENTS RELATING TO NATIONAL COASTAL RESOURCES
RESEARCH AND DEVELOPMENT INSTITUTE.
(a) Administration of Institute.--Section 201(a) of the Act
entitled ``An Act to authorize appropriations to carry out
the Marine Mammal Protection Act of 1972, for fiscal years
1985 through 1988, and for other purposes'' (16 U.S.C.
1463b(a)) is amended by striking ``by the Oregon State Marine
Science Center'' and inserting ``by the Oregon State System
of Higher Education''.
(b) Functions of Institute.--Section 201(b) of such Act (16
U.S.C. 1463b(b)) is amended to read as follows:
``(b) The Institute shall promote the economic growth and
prosperity of the United States by transferring research and
technology into applications to improve the economic,
environmental, and social well-being
of the Nation's coastal communities and the competitiveness
of coastal businesses.''.
(c) Membership of Board of Governors.--Section 201(c)(1) of
such Act (16 U.S.C. 1463b(c)(1)) is amended to read as
follows:
``(c)(1) The policies of the Institute shall be determined
by a Board of Governors composed of--
``(A) 1 representative appointed by the Chancellor of the
Oregon State System of Higher Education; and
``(B) 1 representative of each of the following regions,
appointed jointly by Governors of the States comprising that
region:
``(i) The Alaska region, consisting of Alaska.
``(ii) The Northwest Pacific Coast region, consisting of
Oregon and Washington.
``(iii) The Southwest Pacific Coast region, consisting of
California.
``(iv) The Pacific Islands region, consisting of Hawaii,
American Samoa, and Guam.
``(v) The Great Lakes region, consisting of Pennsylvania,
Ohio, Michigan, Indiana, Illinois, Wisconsin, and Minnesota.
``(vi) The Gulf Coast region, consisting of Texas,
Louisiana, Mississippi, and Alabama.
``(vii) The South Atlantic and Caribbean region, consisting
of South Carolina, Georgia, Florida, Puerto Rico, and the
U.S. Virgin Islands.
``(viii) The Mid-Atlantic region, consisting of Delaware,
Maryland, Virginia, and North Carolina.
``(ix) The North Atlantic region, consisting of New Jersey,
New York, Connecticut, Rhode Island, Massachusetts, New
Hampshire, and Maine.''.
(d) Advisory Council.--Section 201(d)(1) of such Act (16
U.S.C. 1463b(d)(1)) is amended by inserting ``and leaders in
coastal communities and businesses'' after ``community''.
(e) Conforming Amendment.--Section 201(e) of such Act (16
U.S.C. 1463b(e)) is amended by striking ``Oregon Board of
Higher Education'' and inserting ``Oregon State System of
Higher Education''.
(f) Reports.--Section 201(g) of such Act (16 U.S.C.
1463b(g)) is amended to read as follows:
``(g) The Institute shall report to the Congress on its
activities annually, and shall report to the Secretary of
Commerce in a like manner biennially.''.
SEC. 416. SENSE OF CONGRESS REGARDING PROMOTION OF MINORITIES
AND WOMEN IN COASTAL AND OCEAN PROGRAMS.
It is the sense of the Congress that the National Oceanic
and Atmospheric Administration should develop and promote
programs that reach out to and recruit minorities and women
for education in the sciences and take actions to increase
the direct involvement of underrepresented minorities in
coastal and ocean resource stewardship programs carried out
directly by the National Oceanic and Atmospheric
Administration and in partnership with State and local
governments, universities, and other entities. To this end,
the National Oceanic and Atmospheric Administration should
create minority internship programs to develop a pool of
professionals in coastal and ocean science and management,
and to make these programs an eligible use of grant and
program funds distributed by the National Oceanic and
Atmospheric Administration to States, universities, and other
entities.
SEC. 417. CHESAPEAKE BAY.
(a) Repeal.--If by December 1, 1994, the Secretary of
Commerce fails to obligate all funds appropriated to the
Secretary of Commerce by Public Law 103-121 for oyster
disease research, section 307 of the National Oceanic and
Atmospheric Administration Act of 1992 (15 U.S.C. 1511d),
requiring the establishment of a National Oceanic and At-
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mospheric Administration Chesapeake Bay Estuarine Resources
Office, is repealed.
(b) Assignment of Functions.--If section 307 of the
National Oceanic and Atmospheric Administration Act of 1992
(15 U.S.C. 1511d) is repealed by subsection (a), the
Secretary of Commerce shall immediately--
(1) enter into a cooperative agreement with the directors
of the Maryland and Virginia Sea Grant colleges to administer
all funds appropriated to the Secretary of Commerce under any
law for oyster disease research and Chesapeake Bay studies;
and
(2) transfer the functions of the former National Oceanic
and Atmospheric Administration Chesapeake Bay Estuarine
Resources Office to the Director of the Coastal Ocean
Program.
The Director may delegate any of the functions transferred
under paragraph (2) to the directors of the Maryland and
Virginia Sea Grant colleges under the cooperative agreement
required under paragraph (1).
(c) Repeal and Authorization of Appropriations.--
(1) Repeal.--Section 2(e) of the National Oceanic and
Atmospheric Administration Marine Fisheries Program
Authorization Act (Public Law 98-210, 97 Stat. 1409) is
repealed.
(2) Authorization.--There is authorized to be appropriated
to the Secretary of Commerce to implement section 307 of the
National Oceanic and Atmospheric Administration Act of 1992
(15 U.S.C. 1511d) and this section, $2,500,000 for each of
fiscal years 1995 and 1996, to remain available until
expended.
SEC. 418. WEATHER REPORTING STATIONS FOR PRINCE WILLIAM
SOUND.
(a) Installation.--To provide more comprehensive weather
information to ensure the safety of fishermen and tank
vessels and to protect the resources of Prince William Sound
from potential oil spills, the Secretary of Commerce may
expend $340,000 to acquire, construct, and install weather
reporting stations in Prince William Sound, Alaska, as
follows:
(1) In the vicinity of Seal Rocks, to acquire and install a
weather buoy capable of measuring and reporting wind speed
and direction, barometric pressure, wave height and period,
and air temperature.
(2) On the existing tower at Bligh Reef, to acquire and
install a weather instrument capable of measuring and
reporting wind speed and direction.
(3) At Potato Point, to relocate the existing anemometer to
a more exposed location in order to provide more accurate
information.
(4) At the Hinchinbrook Lighthouse site, to acquire and
install an anemometer.
(b) Maintenance.--The Secretary of Commerce may expend
$160,000 in each of fiscal years 1995 and 1996 to maintain
the equipment identified in subsection (a).
SEC. 419. PURCHASE OF REMOTELY SENSED SCIENCE DATA.
(a) In General.--To the maximum extent possible, the
Secretary of Commerce shall purchase from the private sector
remotely sensed science data. Examples of such data include
scientific data concerning the impact of oceans worldwide on
global climate change and concerning the condition of the
oceans.
(b) Competitive Bidding.--(1) Contracts for the purchase of
remotely sensed data under this section shall be awarded in a
process of full, fair, and open competitive bidding.
(2) Submission of cost data, either for the purposes of
supporting the bid or fulfillment of the contract, shall not
be required of bidders.
(3) Conformance with military specifications (Milspec) or
Department of Commerce specifications systems with respect to
the design, construction, or operation of equipment used in
obtaining remotely sensed data under contracts entered into
under this section shall not be a requirement for a
commercial provider bidding to provide such services.
(4) Contracts under this section shall not provide for the
Federal Government to obtain ownership of data not
specifically sought by the Federal Government.
SEC. 420. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.
(a) Sense of Congress.--It is the sense of Congress that,
to the greatest extent practicable, all equipment and
products purchased with funds made available in this Act
should be American-made.
(b) Notice Requirement.--In providing financial assistance
to, or entering into any contract with, any entity using
funds made available in this Act, the head of each Federal
agency, to the greatest extent practicable, shall provide to
such entity a notice describing the statement made in
subsection (a) by the Congress.
SEC. 421. AUTHORIZATION FOR ENFORCEMENT ACTIVITIES IN
MONTEREY BAY NATIONAL MARINE SANCTUARY.
Of amounts provided hereafter in appropriations Acts for
the National Marine Sanctuaries Program, up to $150,000 may
be expended in each of fiscal years 1995 and 1996, on a 1-to-
1 matching basis with non-Federal funds, for operation and
maintenance of an enforcement vessel for the Monterey Bay
National Marine Sanctuary.
TITLE V--GREAT LAKES IMPROVEMENTS
SEC. 501. SHORT TITLE.
This title may be cited as the ``National Oceanic and
Atmospheric Administration Great Lakes Improvements Act''.
SEC. 502. GREAT LAKES OFFICE.
(a) Establishment.--The Under Secretary may establish and
maintain within the Administration a Great Lakes Office in
the Washington, District of Columbia area.
(b) Purpose.--The purpose of the Great Lakes Office shall
be to promote and coordinate Administration research,
monitoring, and assessment work in the Great Lakes region
consistent with the goals of the Great Lakes Water Quality
Agreement.
(c) Director.--The Director of the Great Lakes Office shall
be an individual with extensive knowledge and expertise in
the Great Lakes ecosystem, and with appropriate
administrative experience.
SEC. 503. GREAT LAKES REPORT.
(a) Contents.--Subject to the availability of
appropriations under section 505, the Under Secretary, in
consultation with the Director of the Great Lakes Office if
established, shall prepare and submit to Congress an annual
Great Lakes Report in accordance with this section. The
Report shall provide information relating to Great Lakes
ecosystem research, monitoring, and assessment, including--
(1) the individual activities, projects, or proposals
conducted by the Administration in the previous fiscal year,
including a summary of funds expended in support of these
activities, projects, or proposals;
(2) the amount of funds received from the Administration by
each State or local government unit bordering the Great
Lakes;
(3) the amount of funds received by individuals or
institutions residing or located within a State bordering the
Great Lakes;
(4) an inventory of Administration facilities and personnel
located in a State bordering the Great Lakes or in the Great
Lakes used to conduct or support Administration-funded
activities, projects, or proposals in the Great Lakes,
including vessels;
(5) the proposed Administration activities, projects, and
proposals to benefit the Great Lakes ecosystem for the
current fiscal year, including requested funds; and
(6) a proposal for increasing the presence of the
Administration in the Great Lakes, and improving the
coordination of research within the Administration and with
other entities, including the Government of Canada.
(b) Deadline.--Subject to the availability of
appropriations under section 505, the Under Secretary shall
submit the Great Lakes Report to the Congress by October 1 of
1995, 1996, 1997, and 1998.
SEC. 504. DEFINITIONS.
In this title--
(1) the term ``Administration'' means the National Oceanic
and Atmospheric Administration;
(2) the term ``Great Lakes'' means--
(A) Lake Erie, Lake Huron, Lake Michigan, Lake Ontario, and
Lake Superior;
(B) their connecting waters, including the St. Marys River,
the St. Clair River, Lake St. Clair, the Detroit River, and
the Niagara River; and
(C) the St. Lawrence River;
(3) the term ``Great Lakes Water Quality Agreement'' means
the bilateral agreement between the United States and Canada
which was signed in 1978 and amended by the Protocol of 1987;
and
(4) the term ``Under Secretary'' means the Under Secretary
of Commerce for Oceans and Atmosphere.
SEC. 505. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Under
Secretary to carry out this title $100,000 for each of fiscal
years 1995, 1996, 1997, and 1998.
TITLE VI--NATIONAL UNDERSEA RESEARCH PROGRAM
SEC. 601. SHORT TITLE.
This title may be cited as the ``National Undersea Research
Program Act of 1994''.
SEC. 602. DEFINITIONS.
For the purposes of this title, the term--
(1) ``Administration'' means the National Oceanic and
Atmospheric Administration;
(2) ``Center'' means any National Undersea Research Center
in existence on the day before the date of enactment of this
Act or established under section 605;
(3) ``Center Director'' means the Director of any National
Undersea Research Center;
(4) ``Committee'' means the National Undersea Research
Advisory Committee established under section 604;
(5) ``Office'' means the Office of Undersea Research
established by section 603(d)(1);
(6) ``priority research area'' means any of the priority
research areas set forth in section 603(f)(1), as those areas
may be revised by the Under Secretary under section
603(f)(2);
(7) ``Program'' means the National Undersea Research
Program established under section 603;
(8) ``Program Director'' means the Director of the National
Undersea Research Program appointed pursuant to section
603(d)(2);
(9) ``undersea region'' means each of--
(A) the United States Northern Atlantic region, comprised
of the coastal and oceanic waters and seabed north of
Montauk, New York, and off Maine, New Hampshire,
Massachusetts, Rhode Island, and Connecticut;
(B) the Mid-Atlantic Bight region, comprised of the coastal
and oceanic waters and seabed south of Montauk, New York, and
off New York, New Jersey, Pennsylvania, Delaware, Maryland,
and Virginia;
(C) the United States Southern Atlantic region, comprised
of the coastal and oceanic waters and seabed off North
Carolina, South Carolina, Georgia, and the Atlantic coast of
Florida (including the Florida Keys);
(D) the Gulf of Mexico region, comprised of the coastal and
oceanic waters and seabed of the Gulf of Mexico off Florida,
Alabama, Mississippi, Louisiana, and Texas;
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(E) the Great Lakes region, comprised of the waters and
lake beds of the Great Lakes;
(F) the California region, comprised of the coastal and
oceanic waters and seabed off California;
(G) the United States Northeast Pacific region, comprised
of the coastal and oceanic waters and seabed off Oregon,
Washington, and Alaska;
(H) the Western Pacific region, comprised of the coastal
and oceanic waters and seabed off Hawaii, Johnston Island,
Guam, American Samoa, and the Northern Mariana Islands, and
other Western Pacific waters and seabed relevant to the
purpose of the Program;
(I) the Caribbean region, comprised of the coastal and
oceanic waters and seabed off Puerto Rico, the United States
Virgin Islands, and other tropical and subtropical waters and
seabed relevant to the purposes of the Program; and
(J) any other undersea region resulting from a modification
under section 603(e)(5);
(10) ``undersea research'' means scientific research
carried out in the oceans or large lakes of the world, using
advanced underwater technology including diving, underwater
observatories and laboratories, research submersibles,
remotely operated vehicles, autonomous vehicles, and any
other research techniques necessary to carry out the
provisions of this title; and
(11) ``Under Secretary'' means the Under Secretary of
Commerce for Oceans and Atmosphere.
SEC. 603. ESTABLISHMENT AND ADMINISTRATION OF NATIONAL
UNDERSEA RESEARCH PROGRAM.
(a) Program Establishment and Maintenance.--The Under
Secretary shall establish and maintain in the Administration
a program to be known as the ``National Undersea Research
Program''.
(b) Program Purpose.--The purpose of the Program shall be
to enhance scientific understanding of processes in the
oceans and large lakes of the world, by--
(1) developing, maintaining, and carrying out undersea
research programs;
(2) investigating, developing, and applying technology for
undersea research; and
(3) developing new approaches to undersea technology
transfer and marine science education.
(c) National Undersea Research Centers.--The Program shall
be conducted by the National Undersea Research Centers
established pursuant to section 605(a).
(d) Office of Undersea Research.--
(1) Establishment.--There is established in the
Administration the Office of Undersea Research.
(2) Program director.--The head of the Office and Program
Officer of the National Undersea Research Program is the
Director of the National Undersea Research Program, who shall
be appointed by the Under Secretary from among individuals
with extensive knowledge and expertise in undersea research
and having appropriate administrative experience.
(e) Duties of Program Director.--Subject to the supervision
of the Under Secretary, the Program Director shall carry out
the following duties:
(1) Facilitate and support the activities of Centers.
(2) Establish guidelines for the submission and review of
proposals from the Centers and proposals from individual
researchers that are submitted to the Centers for research
under the Program.
(3) Make grants and enter into contracts and cooperative
agreements under section 608 to advance knowledge in the
priority research areas through the Centers.
(4) Support the Memorandum of Agreement Concerning Support
of a National Academic Deep Submergence Facility for
Scientific Use.
(5) Modify undersea regions as necessary and appropriate.
(6) Carry out any other duty assigned to the Program
Director by this title.
(f) Priority Research Areas.--
(1) In general.--The Under Secretary may use amounts
appropriated for the Program to fund research, including
long-term studies, within the following priority research
areas:
(A) Oceanic, coastal, estuarine, and limnological
processes.
(B) Pathways and fates of materials in the oceans and large
lakes.
(C) Diversity, distribution, productivity, and recruitment
of organisms, including commercially valuable species, with
respect to habitat characteristics in the oceans and large
lakes.
(D) Global change processes.
(E) Ocean lithosphere processes and mineral resources.
(F) Undersea research platform and instrument technology.
(G) Diving safety, physiology, and technology.
(H) Studies under section 21(e) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1347(e)).
(2) Revision of priority areas.--Upon the recommendation of
the Committee, the Under Secretary may, after public comment,
revise the priority research areas under paragraph (1).
SEC. 604. ADVISORY COMMITTEE.
(a) Establishment of Committee.--The Under Secretary shall
establish an independent advisory committee to be known as
the ``National Undersea Research Advisory Committee''.
(b) Composition.--
(1) In general.--The Committee shall consist of 9 members
appointed by the Under Secretary from individuals who are
eminent professional scientists or engineers and active in at
least one priority research area, of whom 2 members shall be
appointed from individuals nominated by Center Directors. The
Under Secretary shall complete appointments under this
paragraph by not later than 6 months after the date of the
enactment of this Act.
(2) Balance.--In appointing members of the Committee, the
Under Secretary shall seek to ensure balanced representation
of--
(A) priority research areas,
(B) disciplines related to priority research areas, and
(C) geographic regions of the United States.
(3) Prohibition on appointments.--Except as provided in
paragraph (4), no member of the Committee may be an employee
of a Center or of the Administration.
(4) Ex officio members of the committee.--The Chief
Scientist of the Administration shall be a nonvoting ex
officio member of the Committee.
(c) Duties.--The Committee shall--
(1) advise the Under Secretary and the Program Director
concerning--
(A) the quality of research performed with grants awarded
under this title, the applicability of such research to the
priority research areas;
(B) the designation, establishment, and operation of
Centers;
(C) the modification of undersea regions;
(D) the need to revise the priority research areas; and
(E) any other matters that the Under Secretary refers to
the Committee for review and advice, or that the Committee
considers appropriate; and
(2) carry out any other duty specifically assigned to the
Committee by this title.
(d) Term of Membership.--
(1) In general.--Subject to paragraph (2), the term of
membership on the Committee shall be 3 years.
(2) Initial appointments.--Of the members first appointed
to the Committee--
(A) 3 members shall serve a term of 1 year;
(B) 3 members shall serve a term of 2 years; and
(C) 3 members shall serve a term of 3 years;
as specified by the Under Secretary at the time of
appointment.
(3) Term limitation.--No individual may serve consecutive
terms as a member of the Committee.
(e) Compensation.--Members of the Committee, while
performing official duties as members of the Committee, are
entitled to receive compensation for travel and
transportation expenses under section 5703 of title 5, United
States Code.
(f) Chairperson.--The members of the Committee shall select
annually from among the voting members of the Committee an
individual who shall serve as Chairperson of the Committee.
No member of the Committee may serve more than 2 annual terms
as Chairperson.
(g) Conduct of Business.--The Committee shall conduct its
business according to the majority vote of those members
present at a meeting of the Committee.
(h) Public Participation.--The following guidelines apply
to the conduct of business by the Committee:
(1) Each meeting shall be open to the public, and
interested persons shall be permitted an opportunity to
present oral or written statements on items on the agenda.
(2) Timely notice of each meeting, including the time,
place, and agenda, shall be published in the Federal Register
and copies sent to all Center Directors.
(i) Exemption.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Committee.
SEC. 605. ESTABLISHMENT OF NATIONAL UNDERSEA RESEARCH
CENTERS.
(a) Assignment of Existing Regions and Establishment of New
Centers.--
(1) Assignment of regions to existing centers.--There are
assigned to the Centers in existence on the day before the
date of the enactment of this Act undersea regions, as
follows:
(A) The Western Pacific region is assigned to the Hawaii
Undersea Research Laboratory.
(B) The United States Northeast Pacific and Californian
regions are assigned to the West Coast National Undersea
Research Center at the University of Alaska-Fairbanks.
(C) The United States Northern Atlantic and Great Lakes
regions are assigned to the National Undersea Research Center
at the University of Connecticut at Avery Point.
(D) The Mid-Atlantic Bight region is assigned to the New
York Bight National Undersea Research Center.
(E) The United States Southern Atlantic region is assigned
to the National Undersea Research Center at the University of
North Carolina at Wilmington.
(F) The Caribbean region is assigned to the National
Undersea Research Center at the Caribbean Marine Research
Center.
(G) The Gulf of Mexico region is assigned to a new center
to be established pursuant to subsection (f).
(2) Establishment of new centers.--The Under Secretary may
establish a new Center to implement the Program for any
undersea region at an institution of higher education or
oceanographic research located in a State bordering the
region--
(A) if there is a clearly demonstrated, scientific need for
such a Center;
(B) if there are adequate funds available for the
establishment of the Center;
[[Page 2020]]
(C) after reviewing each proposal submitted under
subsection (b) with respect to that region; and
(D) if the Committee concurs in the selection of that
institution.
(3) Limitation.--The Under Secretary may not establish a
new Center for an undersea region if the expenditure of
amounts for that Center would result in any reduction of
amounts available for expenditure for any other Center.
(b) Solicitation of Proposals for New Centers.--
(1) In general.--The Under Secretary may solicit proposals
for the establishment of a new Center under subsection (a)(2)
from institutions of higher education or oceanographic
research.
(2) Proposal requirements.--A proposal under this
subsection shall consist of--
(A) a proposed science program;
(B) a program management plan;
(C) a description of the facilities of the institution at
which the new Center is proposed to be established;
(D) a description of relevant capabilities of that
institution;
(E) an operational safety plan;
(F) mechanisms for information transfer;
(G) a budget for the proposed Center; and
(H) any other information the Under Secretary considers
necessary.
(c) Review of Proposals.--The Under Secretary and the
Committee shall review each proposal submitted under
subsection (b) on the basis of--
(1) relevance of the proposal to priority research areas;
and
(2) the capability of the applicant institution to
administer and direct research in those areas.
(d) Center Director.--Each institution at which a Center is
established under this section may select, in consultation
with the Office, an individual who shall be the Center
Director of that Center.
(e) 6-Year Review of Centers and Regions.--
(1) In general.--Every 6 years the Under Secretary and the
Committee shall jointly review--
(A) the operation of each Center, except that in the case
of a Center in existence on the day before the date of the
enactment of this Act, the first review of the Center shall
be completed by not later than the date which is 5 years
after that date of enactment; and
(B) the configuration of undersea regions to determine
whether those regions meet scientific needs for research in
priority research areas.
(2) Content of review.--A review under this subsection
shall consist of--
(A) an evaluation of the quality of the research conducted
at the Center under the Program and the applicability of the
research to the priority research areas, including
consideration of the reviews conducted under section 606(c);
(B) recommendations for changes in the scientific research
program and the operation of the Center, that are considered
beneficial by the Committee and the Under Secretary;
(C) a determination of whether the continued operation of
the Center will increase knowledge in the priority research
areas; and
(D) recommendations for the modification of the undersea
regions of the Center.
(3) Establishment of new center at different institution.--
If the Under Secretary and the Committee determine as a
result of a review under this subsection that continued
operation of a Center is not warranted, the Under Secretary--
(A) shall provide notification of that determination to the
Center, including a description of any changes in the
operations of the Center the Under Secretary considers
necessary for continued operation of the Center;
(B) shall after 18 months after providing that notice, and
not later than 2 years after providing that notice, review
the implementation of those changes by the Center; and
(C) may establish, at a different institution of higher
education or oceanographic research, a new Center for the
same undersea region in accordance with this section, if the
Under Secretary determines as a result of the review under
subparagraph (B) that those changes are not implemented.
(f) New Center.--
(1) Gulf of mexico.--
(A) Establishment.--Notwithstanding subsection (a)(2) and
(a)(3), the Under Secretary shall establish at a qualified
public institution a Center to conduct the Program for the
Gulf of Mexico undersea region, which shall be known as the
``Gulf of Mexico National Undersea Research Center''. The
Under Secretary shall establish that Center no later than 60
days after the date of enactment of this Act.
(B) Definition.--For the purposes of this paragraph, the
term ``qualified public institution'' means a public
institution or consortium of public institutions of higher
education--
(i) located directly on the coastline of, or having direct
access to, the Gulf of Mexico;
(ii) with strong undergraduate and graduate programs in
engineering, science, and technology as they may apply to
undersea research;
(iii) with nationally recognized programs in marine science
and maritime studies, with strong consideration given to any
institution with a degree granting maritime academy;
(iv) with facilities for maintaining and operating research
and other vessels appropriate for deployment of equipment
necessary to conduct undersea research;
(v) with faculty and other personnel with expertise in
undersea research;
(vi) capable of fully utilizing and working closely with
the National Marine Sanctuary System in the Gulf of Mexico;
and
(vii) capable of developing and maintaining cooperative
undersea research programs with Mexico.
(2) Limitation.--In carrying out this subsection, the Under
Secretary shall not reduce amounts available for carrying out
the Memorandum of Agreement Concerning Support of a National
Academic Deep Submergence Facility for Scientific Use.
SEC. 606. NATIONAL UNDERSEA RESEARCH CENTER RESEARCH
PROGRAMS.
(a) Individual Research Proposals.--
(1) Solicitation.--Each Center Director shall annually
solicit individual proposals from the scientific community
for research to advance the priority research areas of the
Program. Research under each proposal shall be primarily
conducted within the undersea region of the Center, but may
be conducted in another undersea region in cooperation with
the Center for that region, or other geographic areas with
the approval of the Program Director. Individual proposals
shall adhere to guidelines established by the Program
Director pursuant to section 603(e)(2). Proposals under this
paragraph may be for multiyear research.
(2) Individual proposal review process.--
(A) In general.--Each individual proposal shall be reviewed
by an independent review panel and by not less than 3
anonymous mail reviewers. Each independent review panel shall
be composed of not less than 4 individuals with experience in
undersea research appointed by the Program Director, at least
one of whom shall be a member of the Committee.
(B) Panel review.--Each review by an independent review
panel shall--
(i) assess the scientific merit of the individual research
proposal;
(ii) assess the ability of the Center to carry out the
proposed research; and
(iii) the applicability of the proposal to the priority
research areas.
(C) Mail reviews.--Each mail review shall consider--
(i) the scientific merit of the proposal; and
(ii) the capability of the principal investigator to carry
out or support the proposed research.
(3) Allowance for response.--
(A) In general.--Subject to any regulation that is issued
by the Program Director, a Center Director shall--
(i) provide to each person who submits to the Center a
proposal under this section blinded copies of all mail
reviews of the proposal conducted under paragraph (2), and
(ii) give the person not more than 14 days to respond to
those reviews before rendering any final decision regarding
funding for the proposal.
(B) Review of process by committee.--Not later than 3 years
after the date of the enactment of this Act, the Committee
shall--
(i) whether all Centers are implementing subparagraph (A);
(ii) determine whether the opportunity of persons who
submit proposals to respond to reviews pursuant to
subparagraph (A) has been utilized by those persons;
(iii) determine whether those responses have been effective
in ensuring full and fair consideration of those proposals;
and
(iv) recommend to the Program Director that the procedures
established by subparagraph (A) be continued, terminated, or
modified (including the specific modifications which should
be made).
(C) Regulations implementing recommendations.--The Program
Director may issue regulations implementing any
recommendation made by the Committee under subparagraph
(B)(iv).
(b) Proposed Center Program.--Each fiscal year each Center
Director shall submit to the Program Director--
(1) a proposed program for the Center for the upcoming
fiscal year, which shall adhere to guidelines established by
the Program Director pursuant to section 603(e)(2) and shall
include--
(A) a description of the activities performed and research
funded by the Center in the previous fiscal year;
(B) those individual research proposals submitted under
subsection (a) that the Center Director determines to be
meritorious based on reviews conducted under that subsection;
(C) a proposed budget for the operation of the Center for
the current fiscal year;
(D) any other materials requested by the Program Director
to clarify the proposed program; and
(E) an annually revised long-range research and operations
plan; and
(2) reviews, and responses thereto, of all individual
research proposals submitted to the Center Director for the
upcoming fiscal year.
(c) Review of Proposed Center Programs.--The Program
Director shall review the proposed programs submitted by each
Center Director under subsection (b) and make recommendations
to the Under Secretary for funding allocations under section
608(b).
(d) Gifts, Devises, and Bequests.--Each Center may accept,
solicit, and use the services of volunteers, and may accept,
receive, hold, administer, and use gifts, devises, and
bequests, to carry out the research program of the Center.
SEC. 607. PROCEDURES FOR JOINT REVIEW OF RESEARCH PROPOSALS.
The Under Secretary, in consultation with the Program
Director and the Committee
[[Page 2021]]
and jointly with the Director of the National Science
Foundation and the Secretary of the Navy, shall--
(1) develop procedures for the submittal and joint review
of proposals for research in priority research areas to be
carried out with assistance from 2 or more agencies within
the Department of Commerce, the National Science Foundation,
or the Department of Defense; and
(2) issue final rules establishing those procedures by not
later than 1 year after the date of the enactment of this
Act.
SEC. 608. GRANTS AND CONTRACTS FOR NATIONAL UNDERSEA RESEARCH
CENTERS.
(a) Authorization.--The Under Secretary may make grants and
enter into contracts and cooperative agreements under this
section to fund any Center program if the Under Secretary
finds that the program will advance knowledge in the priority
research areas.
(b) Allocation of Funding.--
(1) In general.--Based on the reviews under section 606(c)
of proposed Center programs, the Under Secretary shall--
(A) allocate among the Centers, in such manner as will best
advance knowledge in the priority research areas, all amounts
available for the current fiscal year for research to be
conducted by the Centers and administration of the Centers,
consistent with each Center's long-term responsibilities to
conduct priority research; and
(B) notify each Center Director of the amount allocated to
that Center under subparagraph (A).
(c) Terms and Conditions.--
(1) In general.--Any grant made or contract entered into
under this section shall be subject to paragraphs (2) and (3)
and to any other terms, conditions, and requirements the
Under Secretary considers necessary.
(2) Limitations on use for land and buildings.--Amounts
provided under any grant or contract under this section may
not be used for--
(A) the purchase of any land; or
(B) the purchase or construction of any building.
(3) Maintenance of records.--Any person who receives or
utilizes any proceeds of any grant of contract under this
section shall keep any records the Under Secretary prescribes
as necessary to facilitate effective audit and evaluation,
including reports which full disclose the amount and
disposition of funds received under this title, the total
cost of activities for which those funds were used, and the
amount, if any, of costs which were provided through other
sources. The records shall be maintained for 6 years after
the completion of the activity. The Under Secretary and the
Comptroller General of the United States, or any of their
duly authorized representatives, shall have access, for the
purpose of audit and evaluation, to any books, documents,
papers, and records of receipts, which in the opinion of the
Under Secretary or of the Comptroller General may be related
or pertinent to the grants and contracts.
SEC. 609. FINANCIAL ASSISTANCE REVIEW BOARD.
After the date of the enactment of this Act, grants and
contracts under the Program shall not be subject to review by
the board in the Department of Commerce known as the
Financial Assistance Review Board.
SEC. 610. AUTHORIZATION OF APPROPRIATIONS.
(a) Center Program Funding.--There is authorized to be
appropriated to the Under Secretary for use for grants and
contracts under section 608, to remain available until
expended, $18,000,000 for fiscal year 1995, $18,540,000 for
fiscal year 1996, $19,100,000 for fiscal year 1997,
$19,670,000 for fiscal year 1998, and $20,260,000 for fiscal
year 1999.
(b) Office of Undersea Research.--There is authorized to be
appropriated to the Under Secretary for the administration of
the Office of Undersea Research and support of the Memorandum
of Agreement Concerning Support of a National Academic Deep
Submergence Facility for Scientific Use, to remain available
until expended, $2,100,000 for fiscal year 1995, $2,200,000
for fiscal year 1996, $2,300,000 for fiscal year 1997,
$2,400,000 for fiscal year 1998, and $2,500,000 for fiscal
year 1999.
(c) Reversion of Unobligated Amounts.--The amount of any
grant, contract, or portion of a grant or contract, made
under section 603 or 608 that is not obligated before the end
of the third fiscal year in which it is authorized to be
obligated--
(1) shall revert to the Under Secretary; and
(2) shall remain available for grants or contracts under
that section.
(d) Limitations on Use.--Amounts appropriated under the
authority of subsection (a) shall not be available for
administration of this title by the Office, or for program or
administrative expenses of the Administration or the
Department of Commerce.
SEC. 611. HYDROGRAPHIC SURVEYING AND MAPPING SERVICES.
The Secretary of Commerce may award contracts for
hydrographic surveying and mapping services in accordance
with title IX of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 541 et seq.).
SEC. 612. FEASIBILITY STUDY.
No later than 180 days after the date of enactment of this
Act, the Secretary of Commerce shall submit to the Committee
on Merchant Marine and Fisheries and the Committee on Natural
Resources of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate, a
study on the feasibility and desirability of converting the
offshore gas production platform known as High Island A389A,
owned by Mobil Exploration and Production U.S., Inc., to a
marine research station for the purpose of supporting
investigations of the northern Gulf of Mexico and for use as
a field laboratory for training students and marine science
professionals in technologies related to the exploration and
study of the Gulf of Mexico. The study shall include--
(1) an assessment of the need for such a research platform,
including consultations with National Oceanic and Atmospheric
Administration line and program offices, other relevant
Federal and State agencies with research and management
responsibilities in the Gulf of Mexico, and academic
institutions involved in the study of the Gulf of Mexico
ecosystem;
(2) an assessment of the financial feasibility of
converting the platform, including the cost of conversion
from a gas production facility to a marine science research
station, the cost of operation of the platform as a marine
science field station, the cost of removal of the platform at
the end of its functional life span, and the potential costs
to users of the platform; and
(3) a description of potential users of the platform,
potential funding strategies, permit requirements, and time
schedules and constraints.
SEC. 613. COORDINATED EFFORTS TO CONSERVE, PROTECT, AND
REBUILD PACIFIC SALMON STOCKS.
(a) The Secretary of Commerce, in cooperation with other
Federal agencies, the States of Washington, Oregon, and
California and tribal and local fisheries and natural
resource management agencies, shall develop and implement an
inter-agency and intergovernmental cooperative plan to
protect, restore and enhance Pacific salmon and their
habitats in those States. The plan shall be based on existing
Pacific salmon restoration efforts and shall include, but not
be limited to--
(1) developing and implementing watershed plans to rebuild
targeted stocks of Pacific salmon in those States; and
(2) other actions needed to restore and conserve stocks of
Pacific salmon and their habitats in those States.
(b) Not later than January 1, 1996, and annually thereafter
until the Secretary of Commerce determines that Pacific
salmon stocks have recovered, the Secretary shall prepare and
submit to the Committee on Merchant Marine and Fisheries of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on
progress made under this section to conserve, protect, and
rebuild Pacific salmon stocks.
SEC. 614. EDUCATION PROGRAM TO REDUCE THE RISK ASSOCIATED
WITH CONSUMING RAW MOLLUSCAN SHELLFISH.
(a) In General.--Of amounts available under section 713c-
3(d) of the Saltonstall-Kennedy Act of 1954, as amended, (15
U.S.C. Sec. 713c-3), the Secretary of Commerce is authorized
to use $500,000 for a comprehensive education program to
reduce and prevent illnesses and deaths associated with the
consumption of raw molluscan shellfish.
(b) Transfer Authority.--The Secretary of Commerce is
authorized to transfer up to $500,000 of amounts authorized
to be expended under subsection (a) to another Federal agency
to carry out the purposes of this section.
(c) Limitation.--The Secretary of Commerce, or the head of
a Federal agency to which the Secretary transfers funds under
this section, may not use more than 5 percent of amounts
authorized to be expended under this section for
administrative expenses.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. COLEMAN, announced that the yeas had it.
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
By unanimous consent, the title was amended so as to read: ``A bill to
authorize appropriations for the National Oceanic and Atmospheric
Administration for fiscal years 1995 and 1996, and for other
purposes.''.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 113.13 lowell national historical park
The SPEAKER pro tempore, Mr. COLEMAN, pursuant to House Resolution 532
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 4448) to amend the Act establishing Lowell National Historical
Park, and for other purposes.
The SPEAKER pro tempore, Mr. COLEMAN, by unanimous consent, designated
Mr. HASTINGS as Chairman of the Committee of the Whole; and after some
time spent therein,
Para. 113.14 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the
[[Page 2022]]
Whole on the following amendment submitted by Mr. ALLARD:
Page 2, line 5, strike ``$43,930,000'' and insert
``38,765,000''.
It was decided in the
Yeas
165
<3-line {>
negative
Nays
215
Para. 113.15 [Roll No. 439]
AYES--165
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baker (CA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Gekas
Gilchrest
Gilman
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Hunter
Hutchinson
Hutto
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
Kim
Kingston
Knollenberg
Kolbe
Lambert
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Long
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Moorhead
Myers
Nussle
Orton
Oxley
Packard
Peterson (MN)
Petri
Pombo
Porter
Portman
Poshard
Pryce (OH)
Quillen
Ramstad
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Roth
Roukema
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stenholm
Stump
Talent
Tauzin
Taylor (MS)
Thomas (WY)
Upton
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zimmer
NOES--215
Abercrombie
Ackerman
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
de la Garza
Deal
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dixon
Dooley
Durbin
Edwards (TX)
Engel
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Foglietta
Ford (MI)
Frank (MA)
Franks (NJ)
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gillmor
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hamburg
Hamilton
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
King
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lancaster
Lantos
LaRocco
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mink
Moakley
Montgomery
Moran
Morella
Murphy
Murtha
Norton (DC)
Obey
Olver
Ortiz
Pallone
Parker
Pastor
Paxon
Payne (VA)
Pelosi
Penny
Peterson (FL)
Pickett
Pickle
Pomeroy
Price (NC)
Quinn
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Waters
Watt
Waxman
Williams
Wise
Woolsey
Wynn
Yates
Zeliff
NOT VOTING--59
Andrews (ME)
Baker (LA)
Blackwell
Blute
Callahan
Calvert
Carr
Collins (IL)
Cooper
Darden
de Lugo (VI)
Derrick
Dingell
Dornan
Edwards (CA)
English
Flake
Ford (TN)
Frost
Gallegly
Gallo
Gingrich
Hall (OH)
Harman
Houghton
Huffington
Inhofe
Johnston
Klug
Kyl
Laughlin
McCurdy
McInnis
Mineta
Mollohan
Nadler
Neal (MA)
Neal (NC)
Oberstar
Owens
Payne (NJ)
Rahall
Ridge
Romero-Barcelo (PR)
Ros-Lehtinen
Rostenkowski
Sharp
Slattery
Smith (IA)
Smith (MI)
Stearns
Sundquist
Taylor (NC)
Thomas (CA)
Washington
Wheat
Whitten
Wilson
Wyden
So the amendment was not agreed to.
The SPEAKER pro tempore, Mr. PENNY, assumed the Chair.
When Mr. HASTINGS, Chairman, pursuant to House Resolution 532,
reported the bill back to the House with an amendment adopted by the
Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. AMENDMENTS.
The Act entitled ``An Act to provide for the establishment
of the Lowell National Historical Park in the Commonwealth of
Massachusetts, and for other purposes'' approved June 5, 1978
(92 Stat. 290; 16 U.S.C. 410cc et seq.), is amended as
follows:
(1) In section 103(a)(2), by striking ``$33,600,000'' and
inserting ``$43,930,000''. The amendment made by this
paragraph shall take effect on October 1, 1994.
(2) In section 203, by adding at the end thereof the
following new subsection:
``(c) Loan and Grant Agreements.--Upon termination of the
Commission, the Secretary, acting through the National Park
Service, shall assume all responsibilities of the Commission
for administration and oversight of the loan and grant
agreements under section 303.''.
(3) In section 205, by adding at the end thereof the
following new subsection:
``(e) Leasing Authority.--(1) In addition to other
available authorities, the Secretary may, in his discretion,
negotiate and enter into leases, as appropriate, with any
person, firm, association, organization, corporation or
governmental entity for the use of any property within the
Park and Preservation District in accordance with the General
Management Plan and any of the purposes set forth in section
1 of this Act.
``(2) Any leases entered into under this subsection shall
be subject to such procedures, terms, conditions and
restrictions as the Secretary deems necessary. The Secretary
is authorized to negotiate and enter into leases or other
agreements, at fair market value and without regard to
section 321 of chapter 314 of the Act of June 30, 1932 (40
U.S.C. 303b). For purposes of any such lease or other
agreements, the Secretary may adjust the rental by taking
into account any amounts to be expended by the lessee for
preservation, maintenance, restoration, improvement, repair
and related expenses with respect to the leased properties.
``(3) The proceeds from leases under this subsection shall
be retained by the Secretary, be available without further
appropriation, remain available until expended, and be used
to offset the costs of preservation, interpretation,
restoration, maintenance, improvement, repair, and related
expenses, including administration related to such expenses,
incurred by the Secretary with respect to properties within
the Park and Preservation District, with the balance used to
offset other costs incurred by the Secretary in the
administration of the Park.
``(4) Each lessee of a lease entered into under this
subsection shall keep such records as the Secretary may
prescribe to enable the Secretary to determine that all terms
of the lease have been, and are being, faithfully performed.
``(5) The Secretary shall annually prepare and submit to
Congress a report on property leased under this
subsection.''.
(4) In section 301(i), by striking ``seventeen'' and
inserting ``22''.
(5) In section 303(a), by amending paragraph (1) to read as
follows:
``(1) The loan to the corporation shall have a maturity of
35 years. At the end of such period, the corporation shall
repay to the Secretary of the Treasury (in a lump sum) for
deposit in the general fund of the Treasury the full amount
of the loan and any additional amounts accruing to the
corporation pursuant to this subsection excepting principal
and interest losses occasioned by loan defaults after all
reasonable efforts at collection have been completed plus
those amounts expended by the Corporation for reasonable
administrative expenses. The Commission is further authorized
to renegotiate the terms and conditions respecting loan
repayment of the agreement dated December 8, 1980, with the
Lowell Development and Financial Corporation. The authority
provided in this paragraph shall be available only to the
extent that appropriations for a subsidy cost, as defined in
section 502 of the Congressional Budget Act of 1974, are made
in advance.''.
(6) In section 305(g), by inserting before the period at
the end thereof ``for administration by the National Park
Service in accordance with the general management plan''.
(7) By adding after section 307 the following:
[[Page 2023]]
``SEC. 308. ADVISORY COMMITTEE.
``(a) Establishment of Advisory Committee.--Upon the
termination of the Commission, the Secretary shall establish
a committee to be known as the Lowell National Historical
Park Advisory Committee (hereinafter in this section referred
to as the `Advisory Committee').
``(b) Membership.--The Advisory Committee shall be composed
of 15 members appointed by the Secretary.
``(c) Chairperson.--The Advisory Committee shall designate
one of its members as Chairperson.
``(d) Quorum.--Eight members of the Advisory Committee
shall constitute a quorum. The Advisory Committee shall act
and advise by affirmative vote of a majority of the members
voting at a meeting at which a quorum is present. The
Advisory Committee shall meet on a regular basis. Notice of
meetings and agenda shall be published in local newspapers
which have a distribution which generally covers the area
affected by the park and preservation district. Advisory
Committee meetings shall be held at locations and in such a
manner as to ensure adequate public involvement.
``(e) Functions.--The Advisory Committee shall advise the
Secretary on the operation, maintenance, development, and
programming of the park and preservation district.
``(f) Support and Technical Services.--In order to provide
staff support and technical services to assist the Advisory
Committee in carrying out its duties under this Act, upon
request of the Advisory Committee, the Secretary is
authorized to detail any personnel of the National Park
Service to the Advisory Committee.
``(g) Per Diem.--Members of the Advisory Committee shall
serve without compensation but shall be entitled to travel
expenses, including per diem in lieu of subsistence, in the
same manner as persons employed intermittently in Government
service under section 5703 of title 5, United States Code.
``(h) FACA.--The provisions of section 14(b) of the Federal
Advisory Committee Act (5 U.S.C. Appendix; 86 Stat. 776), are
hereby waived with respect to the Advisory Committee.
``(i) Vacancies.--Any vacancy in the Advisory Committee
shall be filled in the same manner in which the original
appointment was made. Any member may serve after the
expiration of his term until his successor is appointed.
``(j) Termination.--The Advisory Committee shall terminate
on June 5, 2010.''.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. PENNY, announced that the yeas had it.
Mr. ALLARD demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
237
<3-line {>
affirmative
Nays
145
Para. 113.16 [Roll No. 440]
AYES--237
Abercrombie
Ackerman
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
de la Garza
Deal
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dixon
Dooley
Durbin
Edwards (TX)
Engel
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Foglietta
Ford (MI)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Gunderson
Gutierrez
Hamburg
Hamilton
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Horn
Hoyer
Hughes
Hutto
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
King
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lehman
Levin
Lewis (CA)
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCrery
McDade
McDermott
McHale
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mink
Moakley
Montgomery
Moran
Morella
Murphy
Murtha
Obey
Olver
Ortiz
Pallone
Parker
Pastor
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Porter
Price (NC)
Quillen
Quinn
Rangel
Reed
Regula
Reynolds
Richardson
Roemer
Rose
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (NJ)
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Weldon
Williams
Wise
Woolsey
Wynn
Yates
Zeliff
NOES--145
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baker (CA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Boehner
Bonilla
Bunning
Burton
Buyer
Camp
Canady
Clinger
Coble
Collins (GA)
Combest
Condit
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Gekas
Gilchrest
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kasich
Kim
Kingston
Knollenberg
Kolbe
Lazio
Leach
Levy
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCollum
McHugh
McInnis
McKeon
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Moorhead
Myers
Nussle
Orton
Oxley
Packard
Paxon
Petri
Pombo
Portman
Poshard
Pryce (OH)
Ramstad
Ravenel
Roberts
Rogers
Rohrabacher
Roth
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Talent
Taylor (MS)
Taylor (NC)
Thomas (WY)
Upton
Vucanovich
Walker
Walsh
Wolf
Young (AK)
Young (FL)
Zimmer
NOT VOTING--52
Andrews (ME)
Baker (LA)
Blackwell
Blute
Callahan
Calvert
Carr
Collins (IL)
Cooper
Darden
Derrick
Dingell
Dornan
Edwards (CA)
English
Flake
Ford (TN)
Gallegly
Gallo
Gingrich
Hall (OH)
Harman
Houghton
Huffington
Inhofe
Johnston
Klug
Kyl
Laughlin
McCurdy
Mineta
Mollohan
Nadler
Neal (MA)
Neal (NC)
Oberstar
Owens
Payne (NJ)
Rahall
Ridge
Ros-Lehtinen
Rostenkowski
Sharp
Slattery
Smith (IA)
Sundquist
Thomas (CA)
Washington
Wheat
Whitten
Wilson
Wyden
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 113.17 permission to file conference report
On motion of Mr. DURBIN, by unanimous consent, the managers on the
part of the House were granted permission until midnight tonight to file
a conference report (Rept. No. 103-752) on the bill (H.R. 4556) making
apporpriations for the Department of Transportation and related
agencies, for the fiscal year ending September 30, 1995, and for other
purposes; together with a statement thereon, for printing in the Record
under the rule.
Para. 113.18 waiving points of order against conference report on
h.r.4602
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-749) the resolution (H. Res. 547) waiving certain points of
order against the coference report to accompany the bill (H.R. 4602)
making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 1995, and for other
purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 113.19 submission of conference report--s. 349
Mr. BRYANT submitted a conference report (Rept. No. 103-750) on the
bill of
[[Page 2024]]
the Senate (S. 349) to provide for the disclosure of lobbying activities
to influence the Federal Government, and for other purposes; together
with a statement thereon, for printing in the Record under the rule.
Para. 113.20 modification of conferees--s.1569
The SPEAKER pro tempore, Mr. PENNY, by unanimous consent and pursuant
to clause 6(f) of rule X, announced the following modifications in the
appointment of conferees on the part of the House to the conference with
the Senate on the disagreeing votes of the two Houses on the bill of the
Senate (S. 1569) to amend the Public Health Service Act to revise and
extend programs relating to the health of individuals who are members of
minority groups, and for other purposes, as follows:
As additional conferees from the Committee on Ways and Means for
consideration of titles VI and VII of the Senate bill, and
modifications committed to conference:
Messrs. Gibbons, Ford of Tennessee, and Archer.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 113.21 subpoena
The SPEAKER pro tempore, Mr. PENNY, laid before the House a
communication, which was read as follows:
U.S. House of Representatives,
Committee on Energy and Commerce,
Washington, DC, September 22, 1994.
Hon. Thomas S. Foley,
Speaker, U.S. House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that I have received
a subpoena for testimony issued by the United States District
Court for the District of Columbia.
After appropriate consultation, I have determined that
compliance with the subpoena is inconsistent with the
privileges and precedents of the House.
Sincerely,
John D. Dingell,
Chairman, Subcommittee on
Oversight and Investigations.
Para. 113.22 senate joint resolution referred
A joint resolution of the Senate of the following title was taken from
the Speaker's table and, under the rule, referred as follows:
S.J. Res. 221. Joint resolution to express the sense of the
Congress in commemoration of the 75th anniversary of Grand
Canyon National Park; to the Committee on Natural Resources.
Para. 113.23 leave of absence
By unanimous consent, leave of absence was granted to Mr. MINETA, for
today.
And then,
Para. 113.24 adjournment
On motion of Mr. LEWIS of California, at 8 o'clock and 21 minutes
p.m., the House adjourned.
Para. 113.25 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. DINGELL: Committee on Energy and Commerce, H.R. 4865. A
bill to amend the Federal Food, Drug, and Cosmetic Act, the
Public Health Service Act, and the Orphan Drug Act to revise
the provisions of such acts relating to orphan drugs; with an
amendment (Rept. No. 103-746). Referred to the Committee of
the Whole House on the State of the Union.
Mr. MURTHA: Committee of Conference. Conference report on
H.R. 4650. A bill making appropriations for the Department of
Defense for the fiscal year ending September 30, 1995, and
for other purposes (Rept. No. 103-747). Ordered to be
printed.
Mr. STUDDS: Committee on Merchant Marine and Fisheries.
H.R. 4924. A bill to assist in the conservation of rhinoceros
and tigers by supporting and providing financial resources
for the conservation programs of nations whose activities
directly or indirectly affect rhinoceros and tiger
populations, and of the CITES Secretariat (Rept. No. 103-
748). Referred to the Committee of the Whole House on the
State of the Union.
Mr. GORDON: Committee on Rules. House Resolution 547.
Resolution waiving points of order against the conference
report to accompany the bill (H.R. 4602) making
appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 1995, and
for other purposes (Rept. No. 103-749). Referred to the House
Calendar.
Mr. BRYANT: Committee of Conference. Conference report on
S. 349. An act to provide for the disclosure of lobbying
activities to influence the Federal Government, and for other
purposes (Rept. No. 103-750). Ordered to be printed.
Mr. DINGELL: Committee on Energy and Commerce. H.R. 4864. A
bill to amend the Federal Food, Drug, and Cosmetic Act to
authorize a device application fee, and for other purposes,
with an amendment; (Rept. No. 103-751). Referred to the
Committee of the Whole House on the State of the Union.
Mr. CARR: Committee of conference. Conference report on
H.R. 4556. A bill making appropriations for the Department of
Transportation and related agencies for the fiscal year
ending September 30, 1995, and for other purposes (Rept. No.
103-752). Ordered to be printed.
Para. 113.26 subsequent action on a reported bill sequentially referred
Under clause 5 of rule X the following action was taken by the
Speaker:
The Committees on Science, Space, and Technology and the
Judiciary discharged from further consideration of H.R. 3392;
H.R. 3392 referred to the Committee of the Whole House on the
State of the Union.
Para. 113.27 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. LEHMAN:
H.R. 5099. A bill to amend the Reclamation States Emergency
Drought Relief Act of 1991 to provide a loan to the Madera-
Chowchilla Power Authority; to the Committee on Natural
Resources.
By Mr. CHAPMAN (for himself, Mr. McCloskey, Mr.
Montgomery, Mr. Skelton, Mr. Hall of Texas, Mr.
Thomas of Wyoming, Mr. Kolbe, Mr. Clinger, Mr.
Wilson, Mr. Holden, Mr. Tauzin, Mr. Volkmer, Mr.
Brewster, Mr. Wise, Mrs. Unsoeld, and Mr. Gene Green
of Texas):
H.R. 5100. A bill to repeal the ban on semiautomatic
assault weapons and the ban on large capacity ammunition
feeding devices; to the Committee on the Judiciary.
By Mr. LIVINGSTON:
H.R. 5101. A bill to amend title 28, United States Code, to
provide that a reasonable attorney's fee shall be awarded as
a part of the cost to prevailing plaintiffs in Federal civil
actions; to the Committee on the Judiciary.
By Mr. McCANDLESS (for himself and Mr. Fish):
H.R. 5102. A bill to amend title 18, United States Code,
with respect to certain crimes relating to Congressional
Medals of Honor; to the Committee on the Judiciary.
By Mr. McCLOSKEY:
H.R. 5103. A bill to amend title 31, United States Code, to
provide for an Executive Director of the General Accounting
Office Personnel Appeals Board, and for other purposes; to
the Committee on Post Office and Civil Service.
By Mrs. MEEK of Florida:
H.R. 5104. A bill to amend title XIX of the Social Security
Act to require each State plan for medical assistance under
such title to impose nondiscrimination requirements on
hospitals and nursing facilities receiving funds under the
plan; to the Committee on Energy and Commerce.
H.R. 5105. A bill to amend title XVIII of the Social
Security Act to impose nondiscrimination requirements on
hospitals and skilled nursing facilities as a condition of
participation in the Medicare Program; jointly, to the
Committees on Ways and Means and Energy and Commerce.
By Mr. SAXTON:
H.R. 5106. A bill to amend the Internal Revenue Code of
1986 to provide an exclusion from gross income for amounts
contributed by an employer to medical incentives accounts of
employees; to the Committee on Ways and Means.
By Mr. WILLIAMS:
H.R. 5107. A bill to amend the Wild and Scenic Rivers Act
to provide for the study of Rock Creek in the State of
Montana for potential addition to the national wild and
scenic rivers system, and for other purposes; to the
Committee on Natural Resources.
By Mr. STEARNS:
H. Con. Res. 297. Concurrent resolution expressing the
sense of the Congress that President Clinton should ask for
the resignation of Joycelyn Elders as Surgeon General of the
Public Health Service; to the Committee on Energy and
Commerce.
H. Res. 548. Resolution expressing the sense of the House
of Representatives that aviators who meet the qualification
standards of the Air Forces Escape and Evasion Society should
be granted recognition for meritorious service by the
Department of Defense; to the Committee on Armed Services.
Para. 113.28 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 9: Mr. Dellums.
H.R. 326: Ms. Schenk, Mr. Sisisky, Mr. Becerra, Mr. Johnson
of Georgia, Mr. McHale, Mr. Orton, Mr. Rowland, Mr. Johnson
of South Dakota, Mrs. Byrne, Mr. Laughlin, Mr. Matsui, and
Mr. Watt.
H.R. 559: Mr. Miller of California.
H.R. 1366: Mr. Chapman.
H.R. 1517: Mr. McCloskey.
H.R. 1671: Mr. Filner.
H.R. 1843: Mr. DeFazio and Mr. Stump.
[[Page 2025]]
H.R. 2638: Mr. Torres and Ms. Margolies-Mezvinsky.
H.R. 2790: Mr. Swett.
H.R. 3179: Mr. Jefferson.
H.R. 3283: Mr. Jacobs.
H.R. 3500: Mr. Lewis of Kentucky.
H.R. 3906: Mr. Ridge, Mr. Andrews of New Jersey, Mr.
Kopetski, and Mr. Lucas.
H.R. 4051: Mr. Holden.
H.R. 4091: Mr. Vento and Mr. Gibbons.
H.R. 4300: Mr. Lewis of Georgia.
H.R. 4491: Mr. McInnis, Mr. Taylor of North Carolina, Ms.
Pryce of Ohio, Mr. Doolittle, and Mr. Ridge.
H.R. 4557: Mr. Zimmer.
H.R. 4531: Mr. Deutsch.
H.R. 4789: Mr. Andrews of New Jersey.
H.R. 4805: Mr. Vento.
H.R. 4831: Mr. Parker and Mr. Kolbe.
H.R. 4897: Mr. Holden and Mr. Parker.
H.R. 4898: Mr. Holden and Mr. Parker.
H.R. 4934: Mr. Duncan, Mr. Calvert, Mr. Fields of Texas,
Mr. Sensenbrenner, Mr. Sam Johnson, and Mr. Moorhead.
H.R. 4994: Mr. Williams and Mr. Gordon.
H.R. 4997: Mr. Gutierrez, Mr. Waxman, Mr. Dellums, Mr.
Lewis of California, Mr. Valentine, Mr. Johnston of Florida,
Mr. Lewis of Georgia, Mr. Lipinski, Mr. Hamburg, and Mr.
Berman.
H.R. 5005: Mr. Serrano.
H.R. 5062: Mr. Bachus of Alabama, Mr. Bilbray, Ms. Snowe,
Mr. McCollum, Mr. Fingerhut, Mr. Saxton, Mr. McKeon, Mr.
Schaefer, Mr. Slattery, Mr. Dixon, Mr. Kildee, and Ms.
Slaughter.
H.J. Res. 44: Mr. Callahan.
H.J. Res. 332: Mrs. Unsoeld, Mr. Klug, Mr. Paxon, Mr.
Ortiz, Mr. Rose, Mr. LaRocco, Mr. Barca of Wisconsin, Mr.
Browder, Mr. Calvert, Mr. Richardson, Mr. Ford of Tennessee,
Mr. Andrews of Maine, and Mr. Schumer.
H.J. Res. 385: Mr. Lewis of Georgia and Mr. Hastert.
H.J. Res. 389: Mr. Diaz-Balart, Ms. Danner, Mr. Hoyer, Ms.
Roybal-Allard, Ms. Lowey, Mr. Stenholm, Mr. Glickman, Mr.
Moakley, Ms. Molinari, Mr. Markey, Mr. Wise, Mr. Mollohan,
Mr. Levin, Mr. McCollum, Mr. Hyde, Mr. Livingston, Mr. Brown
of California, Mr. Fazio, Mr. Gutierrez, Mr. Machtley, Mr.
Kildee, Mr. Fields of Texas, Mr. Wheat, Mr. Menendez, Mr.
Murphy, Mr. Myers of Indiana, Mr. Conyers, Mr. Pallone, Mr.
Wolf, Mr. Gilman, Mr. Synar, Mr. Nadler, Mr. Fields of
Louisiana, Mrs. Fowler, Mr. Washington, Mr. Royce, Ms. Pryce
of Ohio, and Mrs. Mink of Hawaii.
H.J. Res. 401: Mr. Boucher, Mr. Coble, Mr. Gallo, Mr. Gene
Green of Texas, Mr. Hochbrueckner, Mr. Kanjorski, Mr. Murphy,
Mr. Price of North Carolina, Mr. Reed, Mr. Shays, Mr. Skeen,
and Mr. Smith of New Jersey.
H.J. Res. 409: Mrs. Clayton.
H. Con. Res. 210: Ms. Pryce of Ohio.
H. Con. Res. 262: Mr. Pallone, Mr. Roth, Mr. Rohrabacher,
Mr. Evans, Mr. Schumer, and Mr. Pomeroy.
H. Con. Res. 269: Mr. Bateman.
H. Res. 432: Mr. Lewis of Georgia.
H. Res. 473: Mr. Coleman, Mr. Dellums, Mr. Fingerhut, Mr.
Jacobs, Mr. Kildee, Mr. McDermott, Mrs. Maloney, Ms. Pelosi,
Mr. Quinn, Mr. Swett, Mr. Torricelli, and Mrs. Unsoeld.
Para. 113.29 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 4912: Mr. Mfume.
.
TUESDAY, SEPTEMBER 27, 1994 (114)
Para. 114.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
SANGMEISTER, at 10:30 a.m., who laid before the House the following
communication:
Washington, DC,
September 27, 1994.
I hereby designate the Honorable George E. Sangmeister to
act as Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Whereupon, pursuant to the order of the House of Friday, February 11,
1994, and Friday, June 10, 1994, Members were recognized for ``morning
hour'' debates.
Para. 114.2 recess--11:40 a.m.
The SPEAKER pro tempore, Mr. SANGMEISTER, pursuant to clause 12 of
rule I, declared the House in recess at 11 o'clock and 40 minutes a.m.,
until 12 o'clock noon.
Para. 114.3 after recess--12:00 noon
The SPEAKER called the House to order.
Para. 114.4 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Monday, September 26, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 114.5 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3866. A letter from the Acting Chairman, Federal Deposit
Insurance Corporation, transmitting a copy of the
Corporation's annual report for calendar year 1993, pursuant
to 12 U.S.C. 1827(a); to the Committee on Banking, Finance
and Urban Affairs.
3867. A letter from the Inspector General of the Department
of Energy, transmitting a report entitled, ``Superfund Costs
Claimed by the Department of Energy Under Interagency
Agreements with the EPA--Fiscal Year 1993'', pursuant to 31
U.S.C. 7501 note; to the Committee on Energy and Commerce.
3868. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on Foreign Affairs.
3869. A letter from the Comptroller General, General
Accounting Office, transmitting the list of all reports
issued or released in August 1994, pursuant to 31 U.S.C.
719(h); to the Committee on Government Operations.
3870. A letter from the Acting Archivist of the United
States, National Archives and Records Administration,
transmitting notification that the Archivist of the United
States has requested the Attorney General of the United
States to initiate an action to recover an improperly
alienated Federal record, the record in question is a War
Department record bearing an April 5, 1864, endorsement by
President Abraham Lincoln, pursuant to 44 U.S.C. 2905(a); to
the Committee on Government Operations.
3871. A letter from the Deputy Administrator, General
Services Administration, transmitting an informational copy
of a building project survey for Corpus Christi, TX, pursuant
to 40 U.S.C. 606(a); to the Committee on Public Works and
Transportation.
3872. A letter from the Deputy Administrator, General
Services Administration, transmitting an informational copy
of an amended lease prospectus for the Federal Communications
Commission, Washington, DC, pursuant to 40 U.S.C. 606(a); to
the Committee on Public Works and Transportation.
3873. A letter from the Secretary, Department of Energy,
transmitting an interim report on the comprehensive inventory
of all Government-owned uranium or uranium equivalents,
pursuant to Public Law 102-486, section 1016 (106 Stat.
2949); jointly, to the Committees on Energy and Commerce and
Natural Resources.
3874. A letter from the Secretary of Housing and Urban
Development, transmitting a draft of proposed legislation
entitled, ``Native American Financial Services Organization
Act of 1994''; jointly, to the Committees on Banking, Finance
and Urban Affairs, Natural Resources, and the Judiciary.
Para. 114.6 permission to file conference report
On motion of Mr. GLICKMAN, by unanimous consent, the managers on the
part of the House were granted permission until midnight tonight to file
a conference report on the bill (H.R. 4299) to authorize appropriations
for fiscal year 1995 for intelligence and intelligence-related
activities of the United States Government, the Community management
account, and the Central Intelligence Agency Retirement and Disability
System, and for other purposes; together with a statement thereon, for
printing in the Record under the rule.
Para. 114.7 treasury-postal service appropriations
Mr. HOYER, pursuant to the order of the House of September 22, 1994,
called up the following conference report (Rept. No. 103-741):
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the Senate to the bill (H.R.
4539) ``making appropriations for the Treasury Department,
the United States Postal Service, the Executive Office of the
President, and certain Independent Agencies, for the fiscal
year ending September 30, 1995, and for other purposes,''
having met, after full and free conference, have agreed to
recommend and do recommend to their respective Houses as
follows:
That the Senate recede from its amendments numbered 6, 8,
11, 15, 21, 26, 30, 35, 40, 49, 65, 69, 75, 76, 84, 85, 86,
88, 93, and 95.
That the House recede from its disagreement to the
amendments of the Senate numbered 5, 7, 9, 12, 18, 19, 20,
27, 31, 32, 33, 37, 38, 39, 41, 46, 47, 48, 56, 57, 59, 62,
64, 67, 74, 83, 89, 90, 91, and 92.
And agree to the same.
Amendment No. 1:
That the House recede from its disagreement to the
amendment of the Senate numbered 1, and agree to the same
with an amendment as follows:
In lieu of the matter stricken and inserted by said
amendment, insert: not to exceed $2,900,000 for official
travel expenses; not to exceed $3,101,000 to remain available
until September 30, 1997, shall be available for information
technology modernization requirements; of which not less than
$6,443,000 and 85 full-time equivalent positions shall be
available for en-
[[Page 2026]]
forcement activities; not to exceed $150,000 for official
reception and representation expenses; ; and the Senate agree
to the same.
Amendment No. 2:
That the House recede from its disagreement to the
amendment of the Senate numbered 2, and agree to the same
with an amendment as follows:
Restore the matter stricken by said amendment, amended to
read as follows: $104,497,000: Provided, That of the
offsetting collections credited to this account, $79,000 are
permanently canceled; and the Senate agree to the same.
Amendment No. 3:
That the House recede from its disagreement to the
amendment of the Senate numbered 3, and agree to the same
with an amendment as follows:
In lieu of the sum named in said amendment, insert:
$29,700,000; and the Senate agree to the same.
Amendment No. 4:
That the House recede from its disagreement to the
amendment of the Senate numbered 4, and agree to the same
with an amendment as follows:
In lieu of the matter proposed in said amendment, insert:
$19,823,000: Provided, That of the offsetting collections
credited to this account, $1,000 are permanently canceled;
and the Senate agree to the same.
Amendment No. 10:
That the House recede from its disagreement to the
amendment of the Senate numbered 10, and agree to the same
with an amendment as follows:
In lieu of the sum named in said amendment, insert:
$183,889,000; and the Senate agree to the same.
Amendment No. 13:
That the House recede from its disagreement to the
amendment of the Senate numbered 13, and agree to the same
with an amendment as follows:
In lieu of the matter stricken and inserted by said
amendment, insert: : Provided further, That of the offsetting
collections credited to this account, $4,000 are permanently
canceled: Provided further, That funds made available shall
be used to achieve a minimum staffing level of 4,215 full-
time equivalent positions during fiscal year 1995; and the
Senate agree to the same.
Amendment No. 14:
That the House recede from its disagreement to the
amendment of the Senate numbered 14, and agree to the same
with an amendment as follows:
In lieu of the sum named in said amendment, insert:
$1,394,793,000; and the Senate agree to the same.
Amendment No. 16:
That the House recede from its disagreement to the
amendment of the Senate numbered 16, and agree to the same
with an amendment as follows:
In lieu of the matter proposed by said amendment, insert: :
Provided further, That Customs shall achieve a minimum full-
time equivalent staffing level of 17,524 during fiscal year
1995: Provided further, That $500,000 shall remain available
until expended for the construction of a replacement fence
within the city limits of Nogales, Arizona under the
authority of section 69, title 19, United State Code; and the
Senate agree to the same.
Amendment No. 17:
That the House recede from its disagreement to the
amendment of the Senate numbered 17, and agree to the same
with an amendment as follows:
In lieu of the sum named in said amendment, insert:
$89,041,000; and the Senate agree to the same.
Amendment No. 22:
That the House recede from its disagreement to the
amendment of the Senate numbered 22, and agree to the same
with an amendment as follows:
In lieu of the matter stricken and inserted by said
amendment, insert: $1,511,266,000, of which $3,700,000; and
the Senate agree to the same.
Amendment No. 23:
That the House recede from its disagreement to the
amendment of the Senate numbered 23, and agree to the same
with an amendment as follows:
In lieu of the sum named in said amendment, insert:
$4,385,459,000; and the Senate agree to the same.
Amendment No. 24:
That the House recede from its disagreement to the
amendment of the Senate numbered 24, and agree to the same
with an amendment as follows:
In lieu of the matter proposed by said amendment, insert:
for research: Provided further, That the $405,000,000 made
available for the fiscal year 1995 tax compliance initiative
shall not be expended for any other purposes: Provided
further, That no funds shall be transferred from this account
during fiscal year 1995; and the Senate agree to the same.
Amendment No. 25:
That the House recede from its disagreement to the
amendment of the Senate numbered 25, and agree to the same
with an amendment as follows:
In lieu of the matter stricken and inserted by said
amendment, insert: $1,388,000,000 of which no less than
$650,000,000 shall be available for tax system modernization,
of which up to $185,000,000 for tax and information systems
development projects; and the Senate agree to the same.
Amendment No. 28:
That the House recede from its disagreement to the
amendment of the Senate numbered 28, and agree to the same
with an amendment as follows:
In lieu of the matter proposed by said amendment insert: :
Provided, That notwithstanding any other provision of this
Act, the Internal Revenue Service is authorized to transfer
such sums as may be necessary between appropriations with
advance approval of the House and Senate Appropriations
Committees; Provided further, That no funds shall be
transferred from the ``Tax Law Enforcement'' account during
fiscal year 1995.
And the Senate agree to the same.
Amendment No. 29:
That the House recede from its disagreement to the
amendment of the Senate numbered 29, and agree to the same
with an amendment as follows:
In lieu of the matter proposed by said amendment insert:
Sec. 3. The Secretary of the Treasury may establish new
fees or raise existing fees for services provided by the
Internal Revenue Service to increase receipts, where such
fees are authorized by another law. The Secretary of the
Treasury may spend the new or increased fee receipts to
supplement appropriations made available to the Internal
Revenue Service appropriations accounts in fiscal years 1995
and thereafter: Provided, That the Secretary shall base such
fees on the costs of providing specified services to persons
paying such fees: Provided further, That the Secretary shall
provided quarterly reports to the Congress on the collection
of such fees and how they are being expended by the Service;
Provided further, That the total expenditures from such fees
shall not exceed $119,000,000.
And the Senate agree to the same.
Amendment No. 34:
That the House recede from its disagreement to the
amendment of the Senate numbered 34, and agree to the same
with an amendment as follows:
In lieu of the matter proposed by said amendment, insert:
Sec. 113. (a) The Director of the United States Secret
Service shall direct and apply appropriate agency personnel
and resources for the purpose of conducting a security survey
of the Bureau of Engraving and Printing.
(b) Such security survey shall include a review of all
general security provisions, including:
(1) The security and safeguarding of currency;
(2) Personnel screening and employee background check
procedures;
(3) Access control and identification procedures;
(4) The security and safeguarding of currency materials,
supplies and related items; and
(5) Other security areas of concern as deemed relevant and
appropriate by the agency.
(c) The Bureau of Engraving and Printing and the Federal
agencies which participated in any investigations or arrest
of person(s) for theft of currency from the Bureau of
Engraving and Printing and directed to
(1) provide any assistance and cooperation to the United
States Secret Service for the purposes of the security
survey;
(2) provide Secret Service personnel, in accordance with
all laws, with access to person(s) arrested in connection
with theft or removal of currency from the Bureau of
Engraving and Printing; and
(3) provide access to all relevant investigative reports
and materials: Provided, That access to such persons is
approved by the appropriate United States Attorney.
(d) The Director of the United States Secret Service shall
provide a preliminary report to the Congress no later than 90
days from the date of enactment of this Act, and a final
report containing specific findings and recommendations to
the Congress within 180 days of enactment of this Act.
And the Senate agree to the same.
Amendment No. 36:
That the House recede from its disagreement to the
amendment of the Senate numbered 36, and agree to the same
with an amendment as follows:
In lieu of the sum named in said amendment, insert:
$92,317,000; and the Senate agree to the same.
Amendment No. 42:
That the House recede from its disagreement to the
amendment of the Senate numbered 42, and agree to the same
with an amendment as follows:
In lieu of the sum named in said amendment, insert:
$57,754,000; and the Senate agree to the same.
Amendment No. 43:
That the House recede from its disagreement to the
amendment of the Senate numbered 43, and agree to the same
with an amendment as follows:
In lieu of the sum named in said amendment, insert:
$52,000,000; and the Senate agree to the same.
Amendment No. 44:
That the House recede from its disagreement to the
amendment of the Senate numbered 44, and agree to the same
with an amendment as follows:
In lieu of the matter proposed by said amendment, insert:
Provided, That an additional $9,000,0000 shall be made
available for drug control activities in Puerto Rico and the
U.S. Virgin Islands only if the Director of the Office of
National Drug Control Policy designates such areas as a High
Intensity Drug Trafficking Area: Provided further, That the
funds made available under this head shall be obligated
within 90 days of the date of enactment of this Act; and the
Senate agree to the same.
Amendment No. 45:
That the House recede from its disagreement to the
amendment of the Senate numbered 45, and agree to the same
with an amendment as follows:
In lieu of the matter stricken and inserted by said
amendment, insert: $41,900,000, which shall be derived from
deposits in the Special
[[Page 2027]]
Forfeiture Fund; of which $1,800,000 shall be transferred to
the Drug Enforcement Administration for the El Paso
Intelligence Center; of which $15,000,0000 shall be available
to the Director of the Office of National Drug Control Policy
for enhancing anti-drug control activities, upon the advance
approval of the House and Senate Committees on
Appropriations; of which $3,100,000 shall be available to the
Director of the Office of National Drug Control Policy for
ballistics technologies, upon the advance approval of the
House and Senate Committees on Appropriations; of which
$14,000,0000 shall be transferred to the Substance Abuse and
Mental Health Services Administration, and of which
$10,000,000 shall be available to the Center for Substance
Abuse Treatment for the residential women and children's
program, and of which $4,000,000 shall be available to the
Center for Substance Abuse Treatment for community drug
treatment programs; of which $8,000,000; and the Senate agree
to the same.
Amendment No. 50:
That the House recede from its disagreement to the
amendment of the Senate numbered 50, and agree to the same
with an amendment as follows:
In lieu of the sum named in said amendment, insert:
$310,197,000; and the Senate agree to the same.
Amendment No. 51:
That the House recede from its disagreement to the
amendment of the Senate numbered 51, and agree to the same
with an amendment as follows:
In lieu of the sum named in said amendment, insert:
$4,932,322,000; and the Senate agree to the same.
Amendment No. 52:
That the House recede from its disagreement to the
amendment of the Senate numbered 52, and agree to the same
with an amendment as follows:
In lieu of the sum named in said amendment, insert:
$601,702,000; and the Senate agree to the same.
Amendment No. 53:
That the House recede from its disagreement to the
amendment of the Senate numbered 53, and agree to the same
with an amendment as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
Alabama:
Montgomery, U.S. Courthouse Annex, $40,547,000
Arizona:
Bullhead City, A grant to the Federal Aviation
Administration for a runway protection zone, $2,200,000
Tucson, a grant to the Arizona Historical Documents
Education Foundation, $2,000,000
Tucson, U.S. Courthouse, $81,708,000
Florida:
Jacksonville, U.S. Courthouse, $4,600,000
Georgia:
Albany, U.S. Courthouse, $5,640,000
Savannah, U.S. Courthouse Annex, $3,000,000
Hawaii:
Consolidation, University of Hawaii-Hilo, $12,000,000
Kentucky:
Covington, U.S. Courthouse, $2,914,000
London, U.S. Courthouse, $1,523,000
Louisiana:
Lafayette, U.S. Courthouse, $5,042,000
Maryland:
Beltsville, Secret Service Building, $2,400,000
Montgomery and Prince Georges Counties, Food and Drug
Administration consolidation, $45,000,000
Beltsville, a transfer to the Rowley Secret Service
Training Center, $5,000,000
Missouri;
Kansas City, Federal Building and U.S. Courthouse,
$84,895,000
St. Louis, Federal Building and U.S. Courthouse,
$171,863,000
New Mexico:
Albuquerque, U.S. Courthouse, $44,342,000
New York:
Long Island, U.S. Courthouse, $23,200,000
Nevada:
Las Vegas, U.S. Courthouse, $4,230,000
Ohio:
Cleveland, U.S. Courthouse, $28,246,000
Steubenville, U.S. Courthouse, $2,820,000
Tennessee:
Greeneville, U.S. Courthouse, $2,936,000
Texas:
Brownsville, Federal Building and U.S. Courthouse,
$5,980,000
Corpus Christi, U.S. Courthouse, $6,446,000
El Paso, Federal Office Building, Claim, $327,000
Washington:
Blaine, Border Station, $4,472,000
Point Roberts, Border Station, $698,000
West Virginia:
Martinsburg, Internal Revenue Service Computer Center,
$7,547,000
And the Senate agree to the same.
Amendment No. 54:
That the House recede from its disagreement to the
amendment of the Senate numbered 54, and agree to the same
with an amendment as follows:
In lieu of the sum named in said amendment, insert:
$720,564,000; and the Senate agree to the same.
Amendment No. 55:
That the House recede from its disagreement to the
amendment of the Senate numbered 55, and agree to the same
with an amendment as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
California:
Los Angeles, U.S. Courthouse, $22,420,000
Menlo Park, U.S. Geological Survey Building #3, $6,868,000
Sacramento, Federal Building, $14,914,000
San Pedro, Custom House, $4,887,000
Colorado:
Denver, Federal Building and Custom House, $8,006,000
District of Columbia:
Ariel Rios, Facades, $3,551,000
Customs/ICC/Connecting Wing Complex, (phase I), $8,696,000
National Courts, $4,129,000
Illinois:
Chicago, Federal Center, $47,682,000
Maryland:
Baltimore, George H. Fallon Federal Building (phase 3),
$15,459,000
Woodlawn, SSA East High-Low Buildings, $17,292,000
New Jersey:
Trenton, Clarkson S. Fisher Courthouse, $14,107,000
New York:
Holtsville, IRS Service Center, $19,183,000
New York, Jacob K. Javits Federal Building, $2,602,000
New York, Silvio V. Mollo Federal Building, $953,000
North Carolina:
Asheville, Federal Building and U.S. Courthouse, $6,347,000
Ohio:
Cleveland, Anthony J. Celebreeze Federal Building,
$10,972,000
Oklahoma:
Oklahoma City, Alfred P. Murrah Federal Building,
$5,290,000
Pennsylvania:
Harrisburg, Federal building and U.S. Courthouse,
$15,213,000
Philadelphia, Byrne-Green Complex, $30,628,000
Philadelphia, R.N.C. Nix, Sr., Federal Building and U.S.
Courthouse (phase 3), $13,257,000
Rhode Island:
Providence, Kennedy Plaza Federal Courthouse, $7,740,000
Texas:
Lubbock, Federal Building and U.S. Courthouse, $12,167,000
Virginia:
Richmond, U.S. Courthouse and Annex, $12,509,000
Washington:
Walla Walla, Corps of Engineers Building, $2,800,000
Nationwide:
Chlorofluorocarbons Program, $90,035,000
Energy Program, $45,723,000
Advance Design, $19,515,000
Minor Repairs and Alterations, $257,619,000
And the Senate agree to the same.
Amendment No. 58:
That the House recede from its disagreement to the
amendment of the Senate numbered 58, and agree to the same
with an amendment as follows:
Restore the matter stricken by said amendment, amended to
read as follows: of which $3,400,000 shall be available for
essential functional requirements for primary structural,
electrical, and security systems of the Bureau of Census, New
Computer Center; Provided further, That of the funds
available to the General Services Administration for the U.S.
Courthouse in Albany, Georgia; the Federal building
consolidation in Hilo, Hawaii; the U.S. Courthouse in
Covington, Kentucky; the U.S. Courthouse, London, Kentucky;
the Secret Service building, Beltsville, Maryland; the U.S.
Courthouse, Albuquerque, New Mexico; the U.S. Courthouse,
Long Island, New York; the U.S. Courthouse, Las Vegas,
Nevada; the U.S. Courthouse, Jacksonville, Florida; the U.S.
Courthouse, Corpus Christi, Texas; the U.S. Courthouse,
Stuebenville, Ohio; the U.S. Courthouse, Greeneville,
Tennessee; the Kennedy Plaza Federal Courthouse, Providence,
Rhode Island; the Corps of Engineers building, Walla Walla,
Washington; and the construction funds only for the U.S.
Courthouse, Tucson, Arizona; shall not be available for
expenses in connection with any construction, repair,
alteration, and acquisition project for which a prospectus,
if required by the Public Buildings Act of 1959, as amended,
has not been approved, except that necessary funds may be
expended for each project for required expenses in connection
with the development of a proposed prospectus; Provided
further, That not to exceed $5,000,000 of the funds
appropriated for the Food and Drug Administration
consolidation may be used for necessary infrastructure
improvements: Provided further, That of the $6,000,000 made
available in Public Laws 102-93 and 103-123 for the
acquisition, lease, construction and equipping of flexiplace
work telecommuting centers, not to exceed $1,300,000 shall be
available for payment to a public entity in the State of
Maryland to provide facilities, equipment and other services
to the General Services Administration for purposes of
establishing telecommuting work centers in Southern Maryland
(Waldorf, Prince Frederick, and St. Mary's County) for use by
governmental agencies designated by the Administrator of
General Services; and the Senate agree to the same.
Amendment No. 60:
That the House recede from its disagreement to the
amendment of the Senate numbered 60, and agree to the same
with an amendment as follows:
In lieu of the sum named in said amendment, insert:
$4,932,322,000; and the Senate agree to the same.
Amendment No. 61:
That the House recede from its disagreement to the
amendment of the Senate numbered 61, and agree to the same
with an amendment as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
Of the funds made available under this heading in Public
Law 100-440, Public Law 101-136, Public Law 101-509, Public
Law 102-141, Public Law 102-393, and Public Law 103-123,
$84,120,000 are rescinded from the following projects in the
following amounts:
California:
[[Page 2028]]
Menlo Park, U.S. Geological Survey Office and Laboratory
Buildings, $783,000
District of Columbia:
United States Secret Service, Headquarters, $13,958,000
White House Remote Delivery and Vehicle Maintenance
Facility, $4,918,000
Federal Bureau of Investigation, Field Office, $4,419,000
Federal Office Building No. 6, $8,583,000
Florida:
Ft. Myers, U.S. Courthouse, $654,000
Hollywood, Federal Building, $1,000,000
Lakeland, Federal Building, $4,400,000
Indiana:
Hammond, U.S. Courthouse, $2,500,000
Iowa:
Burlington, Parking Facility, $2,400,000
Maryland:
Bowie, Bureau of Census, Computer Center, $660,000
New Carrollton, Internal Revenue Service, Headquarters,
$30,100,000
New Hampshire:
Concord, U.S. Courthouse, $867,000
New Jersey:
Newark, Federal Building, 20 Washington Plaza, $327,000
New Mexico:
Santa Teresa, Border Station, $4,044,000
North Dakota:
Fargo, U.S. Courthouse, $2,000,000
Tennessee:
Knoxville, U.S. Courthouse, $800,000
Texas:
Del Rio, Border Station, $1,707,000.
And the Senate agree to the same.
Amendment No. 63:
That the House recede from its disagreement to the
amendment of the Senate numbered 63, and agree to the same
with an amendment as follows:
In lieu of the matter stricken and inserted by said
amendment, insert: $130,036,000; Provided, That of the
offsetting collections credited to this account, $172,000 are
permanently canceled: Provided further, That no less than
$825,000 shall be available for personnel and associated
costs in support of Congressional District and Senate State
offices without reimbursement from these offices; and the
Senate agree to the same.
Amendment No. 66:
That the House recede from its disagreement to the
amendment of the Senate numbered 66, and agree to the same
with an amendment as follows:
In lieu of the sum named in said amendment, insert:
$2,250,000; and the Senate agree to the same.
Amendment No. 68:
That the House recede from its disagreement to the
amendment of the Senate numbered 68, and agree to the same
with an amendment as follows:
In lieu of the matter stricken and inserted by said
amendment, insert: $195,238,000; and the Senate agree to the
same.
Amendment No. 70:
That the House recede from its disagreement to the
amendment of the Senate numbered 70, and agree to the same
with an amendment as follows:
Restore the matter stricken by said amendment, amended to
read as follows:
National Historical Publications and Records Commission
For necessary expenses for allocations and grants for
historical publications and records as authorized by 44
U.S.C. 2504, as amended, $9,000,000 to remain available until
expended: Provided, That $2,000,000 shall be a grant to the
Thomas P. O'Neill, Jr. Library: Provided further, That
$2,000,000 shall be a grant to the Robert H. and Corinne W.
Michel Congressional Education Fund.
And the Senate agree to the same.
Amendment No. 71:
That the House recede from its disagreement to the
amendment of the Senate numbered 71, and agree to the same
with an amendment as follows:
Restore the matter stricken by said amendment, amended to
read as follows:
John F. Kennedy Assassination Records Review Board
salaries and expenses
For necessary expenses to carry out the John F. Kennedy
Assassination Records Collection Act of 1992, $2,150,000 to
remain available until expended.
And the Senate agree to the same.
Amendment No. 72:
That the House recede from its disagreement to the
amendment of the Senate numbered 72, and agree to the same
with an amendment as follows:
In lieu of the matter stricken and inserted by said
amendment, insert: $115,139,000, of which not to exceed
$1,000,000 shall be made available for the establishment of
health promotion and disease prevention programs for Federal
employees, and in addition $93,934,000; and the Senate agree
to the same.
Amendment No. 73:
That the House recede from its disagreement to the
amendment of the Senate numbered 73, and agree to the same
with an amendment as follows:
In lieu of the sum named in said amendment, insert:
$34,039,000; and the Senate agree to the same.
Amendment No. 77:
That the House recede from its disagreement to the
amendment of the Senate numbered 77, and agree to the same
with an amendment as follows:
Restore the matter stricken by said amendment, amended to
read as follows:
Sec. 527. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 1995 from appropriations
made available for salaries and expenses for fiscal year 1995
in this Act, shall remain available through September 30,
1996 for each such account for the purposes authorized:
Provided, That a request shall be submitted to the House and
Senate Committees on Appropriations for approval prior to the
expenditure of such funds.
And the Senate agree to the same.
Amendment No. 78:
That the House recede from its disagreement to the
amendment of the Senate numbered 78, and agree to the same
with an amendment as follows:
In lieu of the first section number named in said
amendment, insert: 528; and the Senate agree to the same.
Amendment No. 79:
That the House recede from its disagreement to the
amendment of the Senate numbered 79, and agree to the same
with an amendment as follows:
In lieu of the matter proposed by said amendment, insert:
Sec. 529. Law Enforcement Exclusion From Workforce
Restructuring.
(a) For the fiscal year beginning on October 1, 1994, no
reductions pursuant to Section 5(b) of the Federal Workforce
Restructuring Act of 1994 (Public Law 103-226) may be made in
the number of full-time equivalent employees classified as
law enforcement and law enforcement support personnel in the
Department of Treasury.
(b) During the period specified in subsection (a), no law,
regulation, Executive Order, guidance, or other directive
imposing a restriction on hiring by executive agencies for
the purpose of achieving workforce reductions shall apply to
employees classified as law enforcement and law enforcement
support personnel in the Department of the Treasury.
(c) Section 5(f) Paragraph (3) of the Federal Workforce
Restructuring Act shall not apply with respect to any
instances of voluntary separation incentive payments made to
Treasury law enforcement personnel.
And the Senate agree to the same.
Amendment No. 80:
That the House recede from its disagreement to the
amendment of the Senate numbered 80, and agree to the same
with an amendment as follows:
In lieu of the first section number named in said
amendment, insert: 530; and the Senate agree to the same.
Amendment No. 81:
That the House recede from its disagreement to the
amendment of the Senate numbered 81, and agree to the same
with an amendment as follows:
In lieu of the first section number named in said
amendment, insert: 531; and the Senate agree to the same.
Amendment No. 82:
That the House recede from its disagreement to the
amendment of the Senate numbered 82, and agree to the same
with an amendment as follows:
In lieu of the matter proposed by said amendment, insert:
Sec. 532. Section 1 under the subheading ``General
Provision'' under the heading ``Office of Personnel
Management'' under title IV of the Treasury, Postal Service
and General Government Appropriations Act, 1992 (Public Law
102-141; 105 Stat. 861; 5 U.S.C. 5941 note), is amended--
(1) by striking ``1995'' both places it appears and
inserting in lieu thereof ``1996''; and
(2) by striking ``adjustments'' and the remainder of the
sentence and inserting in lieu thereof ``appropriate changes
in the method of fixing compensation for affected employees,
including any necessary legislative changes. Such study shall
include--
``(1) an examination of the pay practices of other
employers in the affected areas;
``(2) a consideration of alternative approaches to dealing
with the unusual and unique circumstances of the affected
areas, including modifications to the current methodology for
calculating allowances to take into account all cost of
living in the geographic areas of the affected employee; and
``(3) and evaluation of the likely impact of the different
approaches on the Government's ability to recruit and retain
a well-qualified workforce.
For the purpose of conducting such study and preparing such
report, the Office may accept and utilize (without regard to
any restriction on unanticipated travel expenses imposed in
an Appropriations Act) funds made available to the Office
pursuant to court approval.''.
Sec. 533. (a) Facilities or buildings located at Safford,
Graham County, Arizona and constructed with Federal funds
made available to the General Services Administration for the
United States Forest Service Administrative Offices and
Cultural Center, shall be designated in honor of ``Ora
Webster DeConcini''. Any reference to such facilities or
buildings in a law, map, regulation, document, record, or
other paper of the United States shall be a reference to the
``Ora Webster DeConcini'' building(s) or facilities''.
(b) The Federal Building and United States Courthouse to be
located in Tucson, Arizona is hereby designated as the ``Evo
A. DeConcini Federal Building and United States Courthouse''.
Any reference to such building in a law, map, regulation,
document, record, or other paper of the United States shall
be a reference to the ``Evo A. DeConcini Federal Building and
United States Courthouse''.
Sec. 534. Notwithstanding any other provision of law, the
Administrator of General Services is authorized to execute a
lease, of no less than twenty years, with the City of Tucson,
Arizona, or a subdivision thereof, for space to house the
United States Department of Agriculture's Forest Service and
other Federal tenants in an of-
[[Page 2029]]
fice complex to be developed by the City of Tucson on a site
or sites owned by the City of Tucson and located near the
intersection of Interstate Highway 10 and Congress Street in
the City of Tucson, County of Pima, State of Arizona. The
Administrator shall negotiate an operating lease that he
deems to be in the best interests of the United States and
necessary for the accommodation of Federal agencies.
Sec. 535. Notwithstanding any other provision of law or
regulation: (1) the authority of the special police officers
of the Bureau of Engraving and Printing, in the Washington,
D.C. Metropolitan area, extends to buildings and land under
the custody and control of the Bureau; to buildings and land
acquired by or for the Bureau through lease, unless otherwise
provided by the acquisition agency; to the streets, sidewalks
and open areas immediately adjacent to the Bureau along
Wallenberg Place (15th Street) and 14th Street between
Independence and Main Avenues and C and D Streets between
12th and 14th Streets; to areas which include surrounding
parking facilities used by Bureau employees, including the
lots at 12th and C Streets, S.W., Main Avenue and Water
Streets, S.W., Maiden Lane, the Tidal Basin and East Potomac
Park; to the protection in transit of United States
securities, plates and dies used in the production of United
States securities, or other products or implements of the
Bureau of Engraving and Printing which the Director of that
agency so designates; (2) The exercise of police authority by
Bureau officers, with the exception of the exercise of
authority upon property under the custody and control of the
Bureau, shall be deemed supplementary to the Federal police
force with primary jurisdictional responsibility. This
authority shall be in addition to any other law enforcement
authority which has been provided to these officers under
other provisions of law or regulations.
Sec. 536. Of the unobligated balance of funds made
available until expended to the United States Mint in Public
Law 103-123 and in prior appropriations acts, not to exceed
$2,066,000 shall also be available in the fiscal year ending
September 30, 1994 for all purposes for which funds are
appropriated under the heading ``United States Mint, Salaries
and expenses''.
Sec. 537. Of the funds appropriated to the Office of Policy
Development in Title III of this Act, not to exceed $800,000
may be transferred to the ``Council on Environmental Quality
and Office of Environmental Quality.''
Sec. 538. Notwithstanding any other provision of this Act,
the Internal Revenue Service is authorized to replace no more
than 850 vehicles for the criminal investigation division in
fiscal year 1995.
Sec. 539. The activity referenced in section 5 of GSA's
General Provisions in Public Law 103-123 (107 Stat. 1246)
``Major equipment acquisitions and development activity'' of
the Salaries and Expenses, General Management and
Administration appropriation account for transfer of prior
year unobligated balances of operating expenses and salaries
and expenses appropriation accounts may be separately
accounted for under the new Working Capital Fund enacted in
this Act.
Sec. 540. Notwithstanding any other provision of law, the
review being conducted by the Secretary of the Treasury
regarding the September 12, 1994 air incursion into the White
House complex shall be exempt from the Federal Advisory
Committee Act, Public Law 92-463 (codified at Title 5, United
States Code, Appendix 2) as amended.
Sec. 541. Section 1(a)(1) of Public Law 101-509 is
amended--
(a) by deleting subsection (a)(1) and inserting in lieu
thereof the following:
``(a)(1) The Director of the Center for Legislative
Archives within the National Archives and Records
Administration shall be established without regard to chapter
51 title 5 and shall be paid at a rate determined without
regard to the provisions of chapter 51 and subchapter III of
Chapter 53 of title 5 governing General Schedule
classification and pay rates: Provided, That such pay shall
be no less than 120 percent of the rate of pay for GS-15,
step 1 of the General Schedule nor more than the rate of pay
in effect for level one of the Senior Executive Schedule.
And the Senate agree to the same.
Amendment No. 87:
That the House recede from its disagreement to the
amendment of the Senate numbered 87, and agree to the same
with an amendment as follows:
Restore the matter stricken by said amendment, amended to
read as follows:
Sec. 630. (a)(1) The adjustment in rates of basic pay for
the statutory pay systems that takes effect in fiscal year
1995 under section 5303 of title 5, United States Code, shall
be an increase of 2 percent.
(2) For purposes of each provision of law amended by
section 704(a)(2) of the Ethics Reform Act of 1989 (5 U.S.C.
5318 note), no adjustment under section 5303 of title 5,
United States Code, shall be considered to have taken effect
in fiscal year 1995 in the rates of basic pay for the
statutory pay systems.
(3) For purposes of this subsection, the term ``statutory
pay system'' shall have the meaning given such term by
section 5302(1) of title 5, United States Code.
(b) For purposes of any locality-based comparability
payments taking effect in fiscal year 1995 under subchapter I
of chapter 53 of title 5, United States Code (whether by
adjustment or otherwise), section 5304(a) of such title shall
be deemed to be without force or effect.
(c) Not withstanding section 5304(a)(3)(B) of title 5,
United States Code, the annualized cost of pay adjustments
made under section 5304 of such title in calendar year 1995
shall be equal to 0.6 percent of the estimated aggregate
fiscal year 1995 executive branch civilian payroll--
(1) as determined by the pay agent (within the meaning of
section 5302 of such title); and
(2) determined as if the rates of pay and comparability
payments payable on September 30, 1994, had remained in
effect.
And the Senate agrees to the same.
Amendment No. 94:
That the House recede from its disagreement to the
amendment of the Senate numbered 94, and agree to the same
with an amendment as follows:
In lieu of the matter proposed by said amendment, insert:
SEC. 633. LAW ENFORCEMENT AVAILABILITY PAY.
(a) Short Title.--This section may be cited as the ``Law
Enforcement Availability Pay Act of 1994''.
(b) Law Enforcement Availability Pay.--
(1) In General.--Chapter 55 of title 5, United States Code,
is amended by inserting after section 5545 the following new
section:
``Sec. 5545a. Availability pay for criminal investigators
``(a) For purposes of this section--
``(1) the term ``available'' refers to the availability of
a criminal investigator and means that an investigator shall
be considered generally and reasonably accessible by the
agency employing such investigator to perform unscheduled
duty based on the needs of an agency;
``(2) the term `criminal investigator' means a law
enforcement officer as defined under section 5541(3) (other
than an officer occupying a position under Title II of Public
Law 99-399) is required to--
``(A) possess a knowledge of investigative techniques, laws
of evidence, rules of criminal procedure, and precedent court
decisions concerning admissibility of evidence,
constitutional rights, search and seizure, and related
issues;
``(B) recognize, develop, and present evidence that
reconstructs events, sequences and time elements for
presentation in various legal hearings and court proceedings;
``(C) demonstrate skills in applying surveillance
techniques, undercover work, and advising and assisting the
United States Attorney in and out of court;
``(D) demonstrate the ability to apply the full range of
knowledge, skills, and abilities necessary for cases which
are complex and unfold over a long period of time (as
distinguished from certain other occupations that require the
use of some investigative techniques in short-term situations
that may end in arrest or detention);
``(E) possess knowledge of criminal laws and Federal rules
of procedure which apply to cases involving crimes against
the United States, including--
``(i) Knowledge of the elements of a crime;
``(ii) evidence required to prove the crime;
``(iii) decisions involving arrest authority;
``(iv) methods of criminal operations; and
``(v) availability of detection devices; and
``(F) possess the ability to follow leads that indicate a
crime will be committed rather than initiate an investigation
after a crime is committed;
``(3) the term ``unscheduled duty'' means hours of duty a
criminal investigator works, or is determined to be available
for work, that are not--
``(A) part of the 40 hours in the basic work week of the
investigator; or
``(B) overtime hours paid under section 5542; and
``(4) the term `regular work day' means each day in the
investigator's basic work week during which the investigator
works at least 4 hours that are not overtime hours paid under
section 5542 or hours considered part of section 5545a.
``(b) The purpose of this section is to provide premium pay
to criminal investigators to ensure the availability of
criminal investigators for unscheduled duty in excess of a 40
hour work week based on the needs of the employing agency.
``(c) Each criminal investigator shall be paid availability
pay as provided under this section. Availability pay shall be
paid to ensure the availability of the investigator for
unscheduled duty. The investigator is generally responsible
for recognizing, without supervision, circumstances which
require the investigator to be on duty or be available for
unscheduled duty based on the needs of the agency.
Availability pay provided to a criminal investigator for such
unscheduled duty shall be paid instead of premium pay
provided by other provisions of this subchapter, except
premium pay for regulatory scheduled overtime work as
provided under section 5542, night duty, Sunday duty, and
holiday duty.
``(d)(1) A criminal investigator shall be paid availability
pay, if the average of hours described under paragraphs (2)
(A) and (B) is equal to or greater than 2 hours.
``(2) The hours referred to under paragraph (1) are--
``(A) the annual average of unscheduled duty hours worked
by the investigator in excess of each regular work day; and
``(B) the annual average of unscheduled duty hours such
investigator is available to work on each regular work day
upon request of the employing agency.
``(3) Unscheduled duty hours which are worked by an
investigator on days that are not regular work days shall be
considered in the calculation of the annual average of
unscheduled duty hours worked or available for purposes of
certification.
``(4) An investigator shall be considered to be available
when the investigator cannot reasonably and generally be
accessible due to a status or assignment which is the result
of an agency direction, order, or approval as provided under
subsection (f)(1).
``(e)(1) Each criminal investigator receiving availability
pay under this section and the appropriate supervisory
officer, to be designated by the head of the agency, shall
make an annual certification to the head of the agency that
the investigator has met, and is expected to meet, the
requirements of subsection (d). The head of a law enforcement
agency may prescribe regulations necessary to administer this
subsection.
[[Page 2030]]
``(2) Involuntary reduction in pay resulting from a denial
of certification under paragraph (1) shall be a reduction in
pay for purposes of section 7512(4) of this title.
``(f)(1) A criminal investigator who is eligible for
availability pay shall receive such pay during any period
such investigator is--
``(A) attending agency sanctioned training;
``(B) on agency approved sick leave or annual leave;
``(C) on agency ordered travel status; or
``(D) on excused absence with pay for relocation purposes.
``(2) Notwithstanding (a)(A), agencies or departments may
provide availability pay to investigators during training
which is considered initial, basic training usually provided
in the first year of service.
``(3) Agencies or departments may provide availability pay
to investigators when on excused absence with pay, except as
provided in paragraph (a)(D).
``(g) Section 5545(c) shall not apply to any criminal
investigator who is paid availability pay under this section.
``(h) Availability pay under this section shall be--
``(1) 25 percent of the rate of basic pay for the position;
and
``(2) treated as part of basic pay for purposes of--
``(A) sections 5595(c), 8114(e), 8331(3), 8431, and
8704(c); and
``(B) such other purposes as may be expressly provided for
by law or as the Office of Personnel Management may by
regulation prescribe.''.
(2) Limitation on Premium Pay.--Section 5547(a) of title 5,
United States Code, is amended in the first sentence by
inserting ``5545a,'' after ``5545(a), (b), and (c),''.
(3) Technical and Conforming Amendment.--The table of
sections for chapter 55 of title 5, United States Code, is
amended by inserting after the item relating to section 5545
the following new item:
``5545. Availability Pay for Criminal Investigators.''.
(c) Computation of Overtime Rates.--Section 5542 of title
5, United States Code, is amended by adding at the end
thereof the following new subsection:
``(d) In applying subsection (a) of this section with
respect to any criminal investigator who is paid availability
pay under section 5545a--
``(1) such investigator shall be compensated under such
subsection (a), at the rates there provided, for overtime
work which is scheduled in advance of the administrative
workweek--
``(A) in excess of 10 hours on a day during such
investigator's basic 40 hour workweek; or
``(B) on a day outside such investigator's basic 40 hour
workweek; and
``(2) such investigator shall be compensated for all other
overtime work under section 5545a''.
``(d) Exemptions From Certain Fair Labor Standards.--
Section 13 of the Fair Labor Standards Act of 1938 (29 U.S.C.
213) is amended--
(1) in subsection (a)--
(A) in paragraph (15) by striking out the period and
inserting in lieu thereof a semicolon and ``or''; and
(B) by adding at the end thereof the following new
paragraph:
``(16) a criminal investigator who is paid availability pay
under section 5545a of title 5, United States Code.''; and
(2) in subsection (b)--
(A) in paragraph (28) by striking out ``or'' after the
semicolon;
(B) in paragraph (29) by striking out the period and
inserting in lieu thereof a semicolon and ``or''; and
(C) by adding at the end thereof the following new
paragraph:
(30) a criminal investigator who is paid availability pay
under section 5545a of title 5, United States Code.''.
(e) Effective Date.--The amendments made by this section
shall take effect on the first day of the first applicable
pay period which begins on or after the later of October 1,
1994, or the 30th day following the date of enactment of this
Act, Except that--
(1) criminal investigators, employed in Offices of
Inspectors General, who are not receiving administratively
uncontrollable overtime compensation or who are receiving
such premium pay at a rate less than 25 percent prior to the
date of enactment of this Act, may implement availability pay
at any time prior to September 30, 1995, after which date
availability pay as authorized under this section shall be
provided to such criminal investigators.
(2) criminal investigators, employed by Offices of
Inspectors General, who are receiving administratively
uncontrollable overtime at a rate less than 25 percent, shall
continue to receive this compensation at the same rate or
higher until availability pay compensation is provided, which
shall be no later than the last period ending on or before
September 30, 1995.
(f) Not later than the effective date of this section, each
criminal investigator under section 5545a of title 5, United
States Code, as added by this section, and the appropriate
supervisory officer, to be designated by the head of the
agency, shall make an initial certification to the head of
the agency that the criminal investigator is expected to meet
the requirements of subsection (d) of such section 5545a. The
head of a law enforcement agency may prescribe procedures
necessary to administer this paragraph.
And the Senate agree to the same.
Amendment No. 96:
That the House recede from its disagreement to the
amendment of the Senate numbered 96, and agree to the same
with an amendment as follows:
In lieu of the first section number named in said
amendment, insert: 634; and the Senate agree to the same.
Amendment No. 97:
That the House recede from its disagreement to the
amendment of the Senate numbered 97, and agree to the same
with an amendment as follows:
In lieu of the first section number named in said
amendment, insert: 635; and the Senate agree to the same.
Amendment No. 98:
That the House recede from its disagreement to the
amendment of the Senate numbered 98, and agree to the same
with an amendment as follows:
In lieu of the matter proposed by said amendment, insert:
Sec. 636. No part of any appropriation contained in this
Act may be used to pay for the expenses of travel of
employees, including employees of the Executive Office of the
President, not directly responsible for the discharge of
official governmental tasks and duties: Provided, That this
restriction shall not apply to the family of the President,
Members of Congress or their spouses, Heads of State of a
foreign country or their designee(s), persons providing
assistance to the President for official purposes, or other
individuals so designated by the President.
And the Senate agree to the same.
Amendment No. 99:
That the House recede from its disagreement to the
amendment of the Senate numbered 99, and agree to the same
with an amendment as follows:
In lieu of the first section number named in said
amendment, insert: 637; and the Senate agree to the same.
Amendment No. 100:
That the House recede from its disagreement to the
amendment of the Senate numbered 100, and agree to the same
with an amendment as follows:
In lieu of the section number named in said amendment,
insert: 638; and the Senate agree to the same.
Amendment No. 101:
That the House recede from its disagreement to the
amendment of the Senate numbered 101, and agree to the same
with an amendment as follows:
In lieu of the matter proposed by said amendment, insert:
Sec. 639. Section 3626, paragraph (j)(1), subparagraph (D),
of Title 39, United States Code is amended by--
(a) deleting the final ``.'' from (II) and adding, ``;
and'' ';
(b) an adding ``(III) clause (i) shall not apply to space
advertising in mail matter that otherwise qualifies for rates
under former section 4452(b) or 4452(c) of this title, and
satisfies the content requirements established by the Postal
Service for periodical publications: Provided, That such
changes in law shall take effect immediately and shall stay
in effect hereafter unless the Congress enacts legislation on
this matter prior to October 1, 1995.
Sec. 640. In the administration of section 3702 of title
31, United States Code, the Comptroller General of the United
States shall apply a 6-year statute of limitations to any
claim of a Federal employee under the Fair Labor Standards
Act of 1938 (29 U.S.C. 201 et seq.) for claims filed before
June 30, 1994.
Sec. 641. The Bureau of the Public Debt is authorized to
pay in advance or reimburse any Treasury organization, an
amount not to exceed one year of salary and benefits for each
Public Debt employee hired by that organization described in
section 521(a) of this Act.
Sec. 642. Chapter 63 of Title 5 of the United States Code
is amended by adding, following the word ``Forces'' in
section 6326, a new section, 6327 to read as follows:
``6327. Absence in connection with funerals of fellow
federal law enforcement officers.''
``A federal law enforcement officer or a Federal
firefighter may be excused from duty without loss of, or
reduction in, pay or leave to which such officer is otherwise
entitled, or credit for time or service, or performance or
efficiency rating, to attend the funeral of a fellow Federal
law enforcement officer or Federal firefighter, who was
killed in the line of duty. When so excused from duty,
attendance at such service shall for the purposes of section
1345(a) of title 31, be considered to be an official duty of
the officer or firefighter.''
Sec. 643. Of the amount appropriated for ``Government
Payment for Annuitants, Employee Life Insurance'' under this
Act, such sums as may be necessary for such payments for the
period September 15 through 30, 1994 shall become available
upon enactment of this Act.
And the Senate agree to the same.
Amendment No. 102:
That the House recede from its disagreement to the
amendment of the Senate numbered 102, and agree to the same
with an amendment as follows:
In lieu of the matter proposed by said amendment, insert:
Sec. 644. (a) The Office of Management and Budget shall
report to the Congress no later than November 1, 1994, for
each agency for which the budgetary resources available to
the agency in fiscal year 1995 would be canceled in an
appropriations Act to achieve savings in procurement and
procurement-related expenses, of the manner in which these
savings are to be achieved.
(b) Notwithstanding any other provision of law, each agency
for which the budgetary resources available to the agency in
fiscal year 1995 would be canceled in an appropriations Act
to achieve savings in procurement and procurement-related
expenses, such cancellation shall occur on November 30, 1994,
or 30 days after the Office of Management and Budget submits
the report required by subsection (a) of this section,
whichever date is earlier.
And the Senate agree to the same.
Amendment No. 103:
In lieu of the matter proposed by said amendment, insert:
[[Page 2031]]
TITLE VII--VIOLENT CRIME CONTROL AND LAW ENFORCEMENT FUNDING
Department of the Treasury
Departmental Offices
salaries and expenses
For necessary expenses of the Office of Enforcement to
oversee the implementation of the Violent Crime Control and
Law Enforcement Act of 1994 as it relates to the jurisdiction
of the Department of the Treasury, $2,400,000, to remain
available until expended, to be derived from balances
available in the Violent Crime Reduction Trust Fund, as
authorized by Title XXXI of the Violent Crime Control and Law
Enforcement Act of 1994.
Financial Crimes Enforcement Network
salaries and expenses
For salaries and expenses to implement the gateway network
and other related financial intelligence and enforcement
activities, $2,700,000, to remain available until expended to
be derived from balances available in the Violent Crime
Reduction Trust Fund, as authorized by Title XXXI of the
Violent Crime Control and Law Enforcement Act of 1994.
Bureau of Alcohol, Tobacco and Firearms
salaries and expenses
For salaries and expenses for enforcing Federal firearms
provisions and Public Law 103-159, $7,000,000 to be derived
from balances available in the Violent Crime Reduction Trust
Fund, as authorized by Title XXXI of the Violent Crime
Control and Law Enforcement Act of 1994.
Gang Resistance Education and Training
For grants to communities and police agencies for the
establishment of gang resistance education and training
programs to be designated by the Director of the Bureau of
Alcohol, Tobacco and Firearms, $9,000,000 to be derived from
balances available in the Violent Crime Reduction Trust Fund,
as authorized by Title XXXI of the Violent Crime Control and
Law Enforcement Act of 1994.
United States Customs Service
salaries and expenses
For salaries and expenses for expanding border and port
enforcement activities, $4,000,000 to be derived from
balances available in the Violent Crime Reduction Trust Fund,
as authorized by Title XXXI of the Violent Crime Control and
Law Enforcement Act of 1994.
Internal Revenue Service
tax law enforcement
For tax law enforcement for combatting public corruption
and enhancing illegal tax enforcement activities, $7,000,000
to be derived from balances available in the Violent Crime
Reduction Trust Fund, as authorized by Title XXXI of the
Violent Crime Control and Law Enforcement Act of 1994.
United States Secret Service
salaries and expenses
For salaries and expenses $6,600,000, of which $5,000,000
shall be available for combatting the counterfeiting of
United States currency, and of which $1,600,000, to remain
available until expended, shall be available for the hiring,
training, and equipping of 18 additional full-time equivalent
positions for improving forensic capabilities which will
assist in the investigations of missing and exploited
children to be derived from balances available in the Violent
Crime Reduction Trust Fund, as authorized by Title XXXI of
the Violent Crime Control and Law Enforcement Act of 1994.
And the Senate agree to the same.
Steny H. Hoyer,
Peter J. Visclosky,
George (Buddy) Darden,
John W. Olver,
Tom Bevill,
Martin Olav Sabo,
David R. Obey,
Jim Lightfoot
(except amendment 29),
Joseph M. McDade
(except amendment 53),
Managers on the Part of the House.
Dennis DeConcini,
Barbara A. Mikulski,
J. Robert Kerrey,
Robert C. Byrd,
Christopher S. Bond,
Alfonse M. D'Amato,
Mark O. Hatfield,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
On motion of Mr. HOYER, the previous question was ordered on the
conference report to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that the yeas had
it.
Mr. HOYER objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
360
When there appeared
<3-line {>
Nays
53
Para. 114.8 [Roll No. 441]
YEAS--360
Abercrombie
Ackerman
Allard
Andrews (ME)
Applegate
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Buyer
Callahan
Calvert
Canady
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Emerson
Eshoo
Evans
Everett
Ewing
Farr
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hansen
Harman
Hastert
Hastings
Hayes
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hutchinson
Hutto
Hyde
Inglis
Inslee
Istook
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Mica
Michel
Miller (CA)
Mineta
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pastor
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Serrano
Sharp
Shaw
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stupak
Swift
Synar
Talent
Tanner
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
NAYS--53
Andrews (NJ)
Archer
Armey
Baker (LA)
Ballenger
Boehner
Burton
Camp
Castle
Cox
Crane
DeLay
Dreier
Duncan
Ehlers
Engel
Fawell
Goss
Hancock
Hefley
Hoekstra
Hunter
Jacobs
Johnson, Sam
Lewis (FL)
Livingston
Manzullo
McCollum
Meyers
Miller (FL)
Minge
Myers
Oxley
Packard
Pallone
Parker
Paxon
Penny
Peterson (MN)
Petri
Ramstad
Rohrabacher
Schaefer
Sensenbrenner
Shays
Smith (MI)
Smith (NJ)
Stump
Swett
Taylor (MS)
Taylor (NC)
Upton
Zimmer
NOT VOTING--21
Andrews (TX)
Beilenson
Byrne
Derrick
English
Ford (TN)
Gallo
Gekas
Inhofe
Klug
Lantos
Mfume
Payne (NJ)
Scott
Slattery
Smith (IA)
Sundquist
Tauzin
Washington
Weldon
Wheat
[[Page 2032]]
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 114.9 waiving points of order against the conference report on
h.r. 4602
Mr. GORDON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 547):
Resolved, That all points of order against the conference
report to accompany the bill (H.R. 4602) making
appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 1995, and
for other purposes, and against its consideration are waived.
When said resolution was considered.
After debate,
On motion of Mr. GORDON, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 114.10 interior appropriations
Mr. YATES, pursuant to House Resolution 547, called up the following
conference report (Rept. No. 103-740):
The Committee of Conference on the disagreeing votes of the
two Houses on the amendments of the Senate to the bill (H.R.
4602) ``making appropriations for the Department of the
Interior and Related Agencies, for the fiscal year ending
September 30, 1995, and for other purposes,'' having met,
after full and free conference, have agreed to recommend and
do recommend to their respective Houses as follows:
That the Senate recede from its amendments numbered 8, 12,
13, 18, 21, 29, 45, 46, 71, 72, 83, 84, 85, 92, 93, 94, 96,
100, 104, 107, 108, 109, 110, 111, 114, 115, 117, 118, and
119.
That the House recede from its disagreement to the
amendments of the Senate numbered 6, 24, 25, 26, 28, 31, 34,
40, 42, 44, 51, 53, 54, 59, 60, 61, 63, 64, 66, 68, 69, 76,
82, 87, 97, 102, 106, 112, 113, and agree to the same.
Amendment numbered 1:
That the House recede from its disagreement to the
amendment of the Senate numbered 1, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$598,449,000; and the Senate agree to the same.
Amendment numbered 2:
That the House recede from its disagreement to the
amendment of the Senate numbered 2, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$598,449,000; and the Senate agree to the same.
Amendment numbered 3:
That the House recede from its disagreement to the
amendment of the Senate numbered 3, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$12,091,000; and the Senate agree to the same.
Amendment numbered 4:
That the House recede from its disagreement to the
amendment of the Senate numbered 4, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$14,785,000; and the Senate agree to the same.
Amendment numbered 5:
That the House recede from its disagreement to the
amendment of the Senate numbered 5, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$97,550,000; and the Senate agree to the same.
Amendment numbered 7:
That the House recede from its disagreement to the
amendment of the Senate numbered 7, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$513,815,000; and the Senate agree to the same.
Amendment numbered 9:
That the House recede from its disagreement to the
amendment of the Senate numbered 9, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$53,914,000; and the Senate agree to the same.
Amendment numbered 10:
That the House recede from its disagreement to the
amendment of the Senate numbered 10, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$67,410,000; and the Senate agree to the same.
Amendment numbered 11:
That the House recede from its disagreement to the
amendment of the Senate numbered 11, and agree to the same
with an amendment, as follows:
Retain the matter proposed by said amendment, amended as
follows:
In lieu of the sum named in said amendment, insert:
$9,000,000; and the Senate agree to the same.
Amendment numbered 14:
That the House recede from its disagreement to the
amendment of the Senate numbered 14, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$1,079,963,000; and the Senate agree to the same.
Amendment numbered 15:
That the House recede from its disagreement to the
amendment of the Senate numbered 15, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert: ``Operation of the National Park System''
account for purposes for which such fees are authorized, as
approved by the Secretary and subject to the reprogramming
guidelines of the House and Senate Committees on
Appropriations: Provided further, That these funds shall be
used for one-time, nonrecurring purposes only; and the Senate
agree to the same.
Amendment numbered 16:
That the House recede from its disagreement to the
amendment of the Senate numbered 16, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$43,023,000; and the Senate agree to the same.
Amendment numbered 17:
That the House recede from its disagreement to the
amendment of the Senate numbered 17, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert: $41,500,000; and the Senate agree to the
same.
Amendment numbered 19:
That the House recede from its disagreement to the
amendment of the Senate numbered 19, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$184,941,000; and the Senate agree to the same.
Amendment numbered 20:
That the House recede from its disagreement to the
amendment of the Senate numbered 20, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert: : Provided further, That $256,000 for
rehabilitation of the William McKinley Tomb and $500,000 for
the Penn Center shall be derived from the Historic
Preservation Fund pursuant to 16 U.S.C. 470a: Provided
further, That notwithstanding any other provision of law, a
single procurement for the construction of the vessel exhibit
at Salem Maritime National Historic Site may be issued which
includes the full scope of the project: Provided further,
That the solicitation and the contract shall contain the
clause ``availability of funds'' found at 48 CFR 52.232.18;
and the Senate agree to the same.
Amendment numbered 22:
That the House recede from its disagreement to the
amendment of the Senate numbered 22, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$7,500,000; and the Senate agree to the same.
Amendment numbered 23:
That the House recede from its disagreement to the
amendment of the Senate numbered 23, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$87,936,000; and the Senate agree to the same.
Amendment numbered 27:
That the House recede from its disagreement to the
amendment of the Senate numbered 27, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert: $250,000 per incident; and the Senate
agree to the same.
Amendment numbered 30:
That the House recede from its disagreement to the
amendment of the Senate numbered 30, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$572,556,000; and the Senate agree to the same.
Amendment numbered 32:
That the House recede from its disagreement to the
amendment of the Senate numbered 32, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$189,056,000; and the Senate agree to the same.
Amendment numbered 33:
That the House recede from its disagreement to the
amendment of the Senate numbered 33, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$68,184,000; and the Senate agree to the same.
Amendment numbered 35:
That the House recede from its disagreement to the
amendment of the Senate numbered 35, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$152,719,000; and the Senate agree to the same.
Amendment numbered 36:
That the House recede from its disagreement to the
amendment of the Senate numbered 36, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$100,065,000; and the Senate agree to the same.
[[Page 2033]]
Amendment numbered 37:
That the House recede from its disagreement to the
amendment of the Senate numbered 37, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$110,006,000; and the Senate agree to the same.
Amendment numbered 38:
That the House recede from its disagreement to the
amendment of the Senate numbered 38, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$182,772,000; and the Senate agree to the same.
Amendment numbered 39:
That the House recede from its disagreement to the
amendment of the Senate numbered 39, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$1,500,000; and the Senate agree to the same.
Amendment numbered 41:
That the House recede from its disagreement to the
amendment of the Senate numbered 41, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$1,526,778,000; and the Senate agree to the same.
Amendment numbered 43:
That the House recede from its disagreement to the
amendment of the Senate numbered 43, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment insert:
and of which not to exceed $95,823,000 shall be for payments
to tribes and tribal organizations for contract support costs
associated with ongoing contracts or grants or compacts
authorized by the Indian Self-Determination of 1975, as
amended: Provided, That tribes and tribal contractors may use
their tribal priority allocations for unmet contract support
costs of ongoing contracts, grants or compact agreements; and
the Senate agree to the same.
Amendment numbered 47:
That the House recede from its disagreement to the
amendment of the Senate numbered 47, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment insert: not later than July 15; and the Senate
agree to the same.
Amendment numbered 48:
That the House recede from its disagreement to the
amendment of the Senate numbered 48, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment insert: :
Provided further, That the Secretary shall establish a Joint
Working Group on ISEP Funds Allocation to consult with Indian
tribes and schools on improving the basis for allocating
Indian School Equalization Program funds; and the Senate
agree to the same.
Amendment numbered 49:
That the House recede from its disagreement to the
amendment of the Senate numbered 49, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment insert: :
Provided further, That funds made available in this or any
other Act for expenditure through September 30, 1996 for
schools funded by the Bureau of Indian Affairs shall be
available only to the 187 schools which will be in the Bureau
of Indian Affairs school system as of September 1, 1995; and
the Senate agree to the same.
Amendment numbered 50:
That the House recede from its disagreement to the
amendment of the Senate numbered 50, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$130,270,000; and the Senate agree to the same.
Amendment numbered 52:
That the House recede from its disagreement to the
amendment of the Senate numbered 52, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
Provided further, That for the fiscal year ending September
30, 1995, in implementing new construction or facilities
improvement and repair project grants in excess of $100,000
that are provided to tribally controlled grant schools under
Public Law 100-297, as amended, the Secretary of the Interior
shall use the Administrative and Audit Requirements and Cost
Principles for Assistance Programs contained in 43 CFR Part
12 as the regulatory requirements: Provided further, That
such grants shall not be subject to Section 12.61 of 43 CFR;
the Secretary and the grantee shall negotiate and determine a
schedule of payments for the work to be performed; and the
funds shall be disbursed in not more than two payments per
year: Provided further, That in considering applications, the
Secretary shall consider whether the Indian tribe or tribal
organization would be deficient in assuring that the
construction projects conform to applicable building
standards and codes and Federal, tribal, or State health and
safety standards as required by 25 U.S.C. 2005(a), with
respect to organizational and financial management
capabilities: Provided further, That if the Secretary
declines an application, the Secretary shall follow the
requirements contained in 25 U.S.C. 2505(f); Provided
further, That any disputes between the Secretary and any
grantee concerning a grant shall be subject to the disputes
provision in 25 U.S.C. 2508(e); and the Senate agree to the
same.
Amendment numbered 55:
That the House recede from its disagreement to the
amendment of the Senate numbered 55, and agree to the same
with an amendment, as follows:
Retain the matter proposed by said amendment, amended as
follows:
In lieu of the sum named in said amendment, insert:
$2,000,000; and the Senate agree to the same.
Amendment numbered 56:
That the House recede from its disagreement to the
amendment of the Senate numbered 56, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$80,239,000; and the Senate agree to the same.
Amendment numbered 57:
That the House recede from its disagreement to the
amendment of the Senate numbered 57, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$75,962,000; and the Senate agree to the same.
Amendment numbered 58:
That the House recede from its disagreement to the
amendment of the Senate numbered 58, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$4,277,000; and the Senate agree to the same.
Amendment numbered 62:
That the House recede from its disagreement to the
amendment of the Senate numbered 62, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$24,602,000; and the Senate agree to the same.
Amendment numbered 65:
That the House recede from its disagreement to the
amendment of the Senate numbered 65, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$34,674,000; and the Senate agree to the same.
Amendment numbered 67:
That the House recede from its disagreement to the
amendment of the Senate numbered 67, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment amended to
read as follows:
Sec. 112. If the House-Senate Conference Committee on H.R.
322 fails to report legislation which is enacted prior to the
adjournment of the 103rd Congress sine die, none of the funds
appropriated or otherwise made available pursuant to this Act
shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim
located under the general mining laws or to issue a patent
for any mining or mill site claim located under the general
mining laws.
Sec. 113. The provisions of Section 112 shall not apply if
the Secretary of the Interior determines that, for the claim
concerned: (1) a patent application was filed with the
Secretary on or before the date of enactment of this Act, and
(2) all requirements established under Sections 2325 and 2326
of the Revised Statutes (30 U.S.C. 29 and 30) for vein or
lode claims and Sections 2329, 2330, 2331, and 2333 of the
Revised Statutes (30 U.S.C. 35, 36, and 37) for placer
claims, and Section 2337 of the Revised Statutes (30 U.S.C.
42) for mill site claims, as the case may be, were fully
complied with by the applicant by that date; and the Senate
agree to the same.
Amendment numbered 70:
That the House recede from its disagreement to the
amendment of the Senate numbered 70, and agree to the same
with an amendment, as follows:
In lieu of the section number named in said amendment
insert: 115; and the Senate agree to the same.
Amendment numbered 73:
That the House recede from its disagreement to the
amendment of the Senate numbered 73, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$200,130,000; and the Senate agree to the same.
Amendment numbered 74:
That the House recede from its disagreement to the
amendment of the Senate numbered 74, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$161,264,000; and the Senate agree to the same.
Amendment numbered 75:
That the House recede from its disagreement to the
amendment of the Senate numbered 75, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$1,345,112,000; and the Senate agree to the same.
Amendment numbered 77:
That the House recede from its disagreement to the
amendment of the Senate numbered 77, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$159,590,000; and the Senate agree to the same.
Amendment numbered 78:
That the House recede from its disagreement to the
amendment of the Senate numbered 78, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$203,186,000; and the Senate agree to the same.
Amendment numbered 79:
That the House recede from its disagreement to the
amendment of the Senate numbered 79, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$71,443,000; and the Senate agree to the same.
[[Page 2034]]
Amendment numbered 80:
That the House recede from its disagreement to the
amendment of the Senate numbered 80, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$131,743,000; and the Senate agree to the same.
Amendment numbered 81:
That the House recede from its disagreement to the
amendment of the Senate numbered 81, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$65,436,000 ; and the Senate agree to the same.
Amendment numbered 86:
That the House recede from its disagreement to the
amendment of the Senate numbered 86, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment, insert:
$442,614,000 ; and the Senate agree to the same.
Amendment numbered 88:
That the House recede from its disagreement to the
amendment of the Senate numbered 88, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment, insert:
$793,194,000 ; and the Senate agree to the same.
Amendment numbered 89:
That the House recede from its disagreement to the
amendment of the Senate numbered 89, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment, insert:
$278,399,000 ; and the Senate agree to the same.
Amendment numbered 90:
That the House recede from its disagreement to the
amendment of the Senate numbered 90, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment, insert:
$226,800,000 ; and the Senate agree to the same.
Amendment numbered 91:
That the House recede from its disagreement to the
amendment of the Senate numbered 91, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$22,539,000 ; and the Senate agree to the same.
Amendment numbered 95:
That the House recede from its disagreement to the
amendment of the Senate numbered 95, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment, insert:
$1,713,052,000 ; and the Senate agree to the same.
Amendment numbered 98:
That the House recede from its disagreement to the
amendment of the Senate numbered 98, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert: :
Provided further, That notwithstanding any other provision of
law, the Indian Health Service clinic in Stilwell, Oklahoma
shall be known and designated as the ``Wilma P. Mankiller
Indian Health Clinic'': Provided further, That any reference
in a law, regulation, document, record, map, or other paper
of the United States to the clinic referenced in the
preceding proviso shall be deemed to be a reference to the
``Wilma P. Mankiller Indian Health Clinic'': Provided
further, That funds appropriated in fiscal year 1994 to
increase the level of need funded for the Ponca Tribe of
Nebraska may be used to purchase land with an existing
improvement to be used as a tribally owned health care
facility: Provided further, That the Secretary, acting
through the Indian Health Service, may contract with the
Southcentral Foundation for the operation of the Dena A Coy
substance abuse treatment program in Anchorage, Alaska under
the authority of Public Law 93-638, the Indian Self-
Determination Act, 25 U.S.C. 450; and the Senate agree to the
same.
Amendment numbered 99:
That the House recede from its disagreement to the
amendment of the Senate numbered 99, and agree to the same
with an amendment, as follows:
Retain the matter inserted by said amendment amended as
follows:
After the word ``money'' in said amendment insert:
heretofore and hereafter; and the Senate agree to the same.
Amendment numbered 101:
That the House recede from its disagreement to the
amendment of the Senate numbered 101, and agree to the same
with an amendment, as follows:
Restore the matter striken by said amendment amended to
read as follows: as amended, including, to the extent
determined necessary by the Secretary, continuing projects
begun under the Indian Education Act of 1988,; and the Senate
agree to the same.
Amendment numbered 103:
That the House recede from its disagreement to the
amendment of the Senate numbered 103, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$11,213,000; and the Senate agree to the same.
Amendment numbered 105:
That the House recede from its disagreement to the
amendment of the Senate numbered 105, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$4,050,000; and the Senate agree to the same.
Amendment numbered 116:
That the House recede from its disagreement to the
amendment of the Senate numbered 116, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
Sec. 312. Notwithstanding any other provision of law in
fiscal year 1995 and thereafter, appropriations made
available to any department or agency in a Department of the
Interior and Related Agencies Appropriations Act shall be
available to that department or agency to reimburse the
representative (as that term is defined by applicable law) of
employees killed in the line of duty after January 1, 1994,
and in subsequent fiscal years, for burial costs and related
out-of-pocket expenses: Provided, That the amount of such
reimbursement may exceed the $800 limitation in 5 U.S.C.
8134(a): Provided further, That funds provided pursuant to
this authority may not exceed $10,000 per employee.
Sec. 313. With the exception of budget authority for
``Miscellaneous payments to Indians'', Bureau of Indian
Affairs, Department of the Interior; ``Salaries and
expenses'', National Indian Gaming Commission, Department of
the Interior; ``Payment to the Institute'', Institute of
American Indian and Alaska Native Culture and Arts
Development; ``Salaries and expenses'', Woodrow Wilson
International Center for Scholars; ``Salaries and expenses''
and ``National capital arts and cultural affairs'',
Commission of Fine Arts; ``Salaries and expenses'', Advisory
Council on Historic Preservation; ``Salaries and expenses'',
National Capital Planning Commission; ``Salaries and
expenses'', Franklin Delano Roosevelt Memorial Commission;
and ``Salaries and expenses'' and ``Public development'',
Pennsylvania Avenue Development Corporation, each amount of
budget authority for the fiscal year ending September 30,
1995, provided in this Act, for payments not required by law
is hereby reduced by 0.191 per centum: Provided, That such
reductions shall be applied ratably to each account, program,
activity, and project provided for in this Act.
And on page 49 of the House engrossed bill, H.R. 4602,
after line 15, insert the following:
For an additional amount to cover necessary expenses for
emergency rehabilitation, presuppression due to emergencies,
and wildfire suppression activities of the Forest Service,
$200,000,000, to remain available until expended: Provided,
That the entire amount is designated by Congress as an
emergency requirement pursuant to Section 252(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
In addition, for necessary expenses for emergency
rehabilitation, presuppression due to emergencies, and
wildfire suppression activities of the Forest Service,
$250,000,000, to remain available until expended: Provided,
That these funds, or any portion thereof, shall be available
only (1) to the extend that the President notifies the
Congress of his designation of any or all of these amounts as
emergency requirements under the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, and (2) if
the amounts annually appropriated under this heading, but not
designated as emergency requirements pursuant to Section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, have been at least equal to
the most recent ten-year historical average, less any enacted
cost saving program reforms: Provided further, That the
entire amount is designated by Congress as an emergency
requirement pursuant to Section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
And the Senate agree to the same.
Sidney R. Yates,
John P. Murtha,
Norman D. Dicks,
Tom Bevill,
David E. Skaggs,
Ronald D. Coleman,
David R. Obey,
Ralph Regula,
Joseph M. McDade,
Jim Kolbe,
Ron Packard,
Managers on the Part of the House.
Robert C. Byrd,
J. Bennett Johnston,
Patrick Leahy,
Dennis DeConcini,
Dale Bumpers,
Fritz Hollings,
Harry Reid,
Patty Murray,
Don Nickles,
Ted Stevens,
Thad Cochran,
Pete Domenici,
Slade Gorton,
Mark O. Hatfield,
Conrad Burns,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
On motion of Mr. YATES, the previous question was ordered on the
conference report to its adoption or rejection.
Mr. MYERS of Indiana moved to recommit the conference report on the
bill to the committee of conference.
By unanimous consent, the previous question was ordered on the motion
to recommit.
The question being put, viva voce,
Will the House recommit said conference report?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that the
nays had it.
So the motion to recommit was not agreed to.
[[Page 2035]]
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that the
yeas had it.
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 114.11 recess--2:04 p.m.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, pursuant to clause
12 of rule I, declared the House in recess at 2 o'clock and 4 minutes
p.m, for five minutes.
Para. 114.12 after recess--2:12 p.m.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, called the House to
order.
Para. 114.13 consumer reporting reform
Mr. KENNEDY moved to suspend the rules and pass the bill of the Senate
(S. 783) to amend the Fair Credit Reporting Act, and for other purposes;
as amended.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, recognized Mr.
KENNEDY and Mr. McCANDLESS, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. KLECZKA, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. MFUME demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. KLECZKA, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
Para. 114.14 safe drinking water
Mr. WAXMAN moved to suspend the rules and pass the bill (H.R. 3392);
to amend the Safe Drinking Water Act to the safety of public water
systems; as amended.
The SPEAKER pro tempore, Mr. KLECZKA, recognized Mr. WAXMAN and Mr.
BLILEY, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 114.15 consumer reporting reform
Mr. MFUME, by unanimous consent, requested that the ordering of the
yeas and nays on the motion to suspend the rules and pass the bill of
the Senate (S. 783) to amend the Fair Credit Reporting Act, and for
other purposes; as amended, be vacated.
Accordingly,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
Para. 114.16 fee collection for the sec
Mr. GIBBONS moved to suspend the rules and pass the bill (H.R. 5060)
to provide for the continuation of certain fee collections for the
expenses of the Securities and Exchange Commission for fiscal year 1995.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, recognized Mr.
GIBBONS and Mr. SHAW, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 114.17 american heritage areas partnership
Mr. VENTO moved to suspend the rules and pass the bill (H.R. 5044) to
establish the American Heritage Areas Partnership Program, and for other
purposes; as amended.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, recognized Mr. VENTO
and Mr. HANSEN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that two-
thirds of the Members present had voted in the affirmative.
Mr. TAUZIN demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
273
<3-line {>
negative
Nays
150
Para. 114.18 [Roll No. 442]
YEAS--273
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Blute
Boehlert
Bonior
Borski
Boucher
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Castle
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Coppersmith
Costello
Coyne
Darden
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Engel
English
Eshoo
Evans
Farr
Fawell
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Frank (MA)
Franks (CT)
Franks (NJ)
Furse
Gejdenson
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Greenwood
Gutierrez
Hall (OH)
Hamburg
Hamilton
Hansen
Harman
Hastings
Hefley
Hefner
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoke
Holden
Horn
Hoyer
Hughes
Hutto
Hyde
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kolbe
Kopetski
Kreidler
LaFalce
Lambert
Lantos
LaRocco
Lazio
Levin
Levy
Lewis (CA)
Lewis (GA)
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McDade
McDermott
McHale
McInnis
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Michel
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Owens
Oxley
Packard
Pallone
Pastor
Payne (NJ)
Pelosi
Penny
Peterson (MN)
Pickle
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Rahall
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roemer
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Skaggs
Skeen
Slaughter
Smith (NJ)
Spence
Spratt
Stark
Stokes
[[Page 2036]]
Strickland
Studds
Swett
Swift
Synar
Tanner
Thompson
Thornton
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Vucanovich
Walsh
Waters
Watt
Waxman
Whitten
Williams
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (FL)
Zimmer
NAYS--150
Allard
Andrews (NJ)
Archer
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bentley
Bilirakis
Bliley
Boehner
Bonilla
Brewster
Browder
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Chapman
Coble
Collins (GA)
Combest
Cooper
Cox
Cramer
Crane
Crapo
Cunningham
Danner
de la Garza
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
Everett
Ewing
Fields (TX)
Fowler
Frost
Gallegly
Gekas
Geren
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Green
Gunderson
Hall (TX)
Hancock
Hastert
Hayes
Herger
Hilliard
Hoekstra
Houghton
Huffington
Hunter
Hutchinson
Inglis
Istook
Johnson, Sam
Kim
King
Kingston
Klug
Knollenberg
Kyl
Lancaster
Laughlin
Leach
Lehman
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lucas
Manzullo
McCurdy
McHugh
McKeon
Mica
Miller (FL)
Molinari
Moorhead
Nussle
Ortiz
Orton
Parker
Paxon
Payne (VA)
Peterson (FL)
Petri
Pickett
Pombo
Quinn
Ramstad
Ridge
Roberts
Rogers
Rohrabacher
Roth
Royce
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Sisisky
Skelton
Smith (IA)
Smith (MI)
Smith (OR)
Smith (TX)
Snowe
Solomon
Stearns
Stenholm
Stump
Stupak
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thurman
Upton
Volkmer
Walker
Weldon
Wilson
Young (AK)
Zeliff
NOT VOTING--11
Armey
Carr
Dicks
Fazio
Ford (TN)
Gallo
Inhofe
Slattery
Sundquist
Washington
Wheat
So, two-thirds of the Members present not having voted in favor
thereof, the rules were not suspended and said bill, as amended, was not
passed.
Para. 114.19 notice requirement--motion to instruct conferees--h.r. 820
Mr. WALKER, pursuant to clause 1(c) of rule XXVIII, announced his
intention to instruct the managers on the part of the House at the
conference with the Senate on the disagreeing votes of the two Houses on
the Senate amendment to the bill (H.R. 820) to amend the Stevenson-
Wydler Technology Innovation Act of 1980 to enhance manufacturing
technology development and transfer, to authorize appropriations for the
Technology Administration of the Department of Commerce, including the
National Institute of Standards and Technology, and for other purposes,
to insist on a provision that requires a regulatory impact analysis and
unfunded mandate estimate for each bill or joint resolution reported by
any committee of the House of Representatives or the Senate, or
considered on the floor of either House, and for every Federal
department or executive branch agency regulatory action.
Para. 114.20 rhinoceros and tigers conservation programs
On motion of Mr. STUDDS, by unanimous consent, the Committee of the
Whole House on the state of the Union was discharged from further
consideration of the bill (H.R. 4924) to assist in the conservation of
rhinoceros and tigers by supporting and providing financial resources
for the conservation programs of nations whose activities directly or
indirectly affect rhinoceros and tiger populations, and of the CITES
Secretariat.
When said bill was considered and read twice.
The following amendment in the nature of a substitute recommended by
the Committee on Merchant Marine and Fisheries, was then agreed to:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rhinoceros and Tiger
Conservation Act of 1994''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The world's rhinoceros population is declining at an
alarming rate, a 90 percent decline since 1970.
(2) All 5 subspecies of tiger are currently threatened with
extinction in the wild, with approximately 5,000 to 6,000
tigers remaining worldwide.
(3) All rhinoceros species have been listed on Appendix I
of CITES since 1977.
(4) All tiger subspecies have been listed on Appendix I of
CITES since 1987.
(5) The tiger and all rhinoceros species, except the
southern subspecies of white rhinoceros, are listed as
endangered species under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
(6) In 1987, the parties to CITES adopted a resolution that
urged all parties to establish a moratorium on the sale and
trade in rhinoceros products (other than legally taken
trophies), to destroy government stockpiles of rhinoceros
horn, and to exert pressure on countries continuing to allow
trade in rhinoceros products.
(7) On September 7, 1993, under section 8 of the
Fishermen's Protective Act of 1967 (22 U.S.C. 1978) the
Secretary certified that the People's Republic of China and
Taiwan were engaged in trade of rhinoceros parts and tiger
parts that diminished the effectiveness of an international
conservation program for that endangered species.
(8) On September 9, 1993, the Standing Committee of CITES,
in debating the continuing problem of trade in rhinoceros
horn and tiger parts, adopted a resolution urging parties to
CITES to implement stricter domestic measures, up to and
including an immediate prohibition in trade in wildlife
species.
(9) On November 8, 1993, under section 8 of the Fisherman's
Protection Act of 1967 (22 U.S.C. 1978), the President
announced that the United States would impose trade sanctions
against China and Taiwan unless substantial progress was made
by March 1994 towards ending trade in rhinoceros and tiger
products.
(10) On April 11, 1994, under section 8 of the Fisherman's
Protective Act of 1967 (22 U.S.C. 1978), the President--
(A) directed that imports of wildlife specimens and
products from Taiwan be prohibited, in response to Taiwan's
failure to undertake sufficient actions to stop illegal
rhinoceros and tiger trade; and
(B) indicated that the certification of China would remain
in effect and directed that additional monitoring of China's
progress be undertaken.
SEC. 3. PURPOSES.
The purposes of this Act are the following:
(1) To assist in the conservation of rhinoceros and tigers
by supporting the conservation programs of nations whose
activities directly or indirectly affect rhinoceros and tiger
populations, and the CITES Secretariat.
(2) To provide financial resources for those programs.
SEC. 4. DEFINITIONS.
In this Act--
(1) ``CITES'' means the Convention on International Trade
in Endangered Species of Wild Fauna and Flora, signed on
March 3, 1973, and its appendices;
(2) ``conservation'' means the use of all methods and
procedures necessary to bring rhinoceros and tigers to the
point at which there are sufficient populations to ensure
that those species do not become extinct, including all
activities associated with scientific resource management,
such as research, census, law enforcement, habitat
protection, acquisition, and management, propagation, live
trapping, and transportation;
(3) ``Fund'' means the Rhinoceros and Tiger Conservation
Fund established under section 6(a); and
(4) ``Secretary'' means the Secretary of the Interior.
SEC. 5. RHINOCEROS AND TIGER CONSERVATION ASSISTANCE.
(a) In General.--The Secretary, subject to the availability
of appropriations, shall use amounts in the Fund to provide
financial assistance for projects for the conservation of
rhinoceros and tigers.
(b) Project Proposal.--A country whose activities directly
or indirectly affect rhinoceros or tiger populations, the
CITES Secretariat, or any other person may submit to the
Secretary a project proposal under this section. Each
proposal shall--
(1) name the individual responsible for conducting the
project;
(2) state the purposes of the project succinctly;
(3) describe the qualifications of the individuals who will
conduct the project;
(4) estimate the funds and time required to complete the
project;
(5) provide evidence of support of the project by
appropriate governmental entities of countries in which the
project will be conducted, if the Secretary determines that
the support is required for the success of the project; and
(6) provide any other information the Secretary considers
to be necessary for evaluating the eligibility of the project
for funding under this Act.
(c) Project Review and Approval.--The Secretary shall
review each project proposal to determine if meets the
criterion set forth in subsection (d). Not late than 6 months
after receiving a final project proposal, and subject to the
availability of funds, the Secretary shall approve or
disapprove the proposal and provide written notification to
the person who submitted the proposal and to each country
within which the project is to be conducted.
(d) Criterion for Approval.--The Secretary may approve a
project under this section if the project will enhance
programs for conservation of rhinoceros or tigers by--
[[Page 2037]]
(1) assisting efforts--
(A) to implement conservation programs; and
(B) to enhance compliance with provisions of CITES and laws
of the United States or a foreign country that prohibit or
regulate the taking or trade of rhinoceros or tigers or the
use of rhinoceros or tiger habitat; or
(2) developing sound scientific information on that
species' habitat condition and carrying capacity, total
numbers and population trends, or annual reproduction and
mortality.
(e) Project Reporting.--Each person that receives
assistance under this section for a project shall provide
periodic reports to the Secretary as the Secretary considers
necessary. Each report shall include all information
requested by the Secretary for evaluating the progress and
success of the project.
SEC. 6. RHINOCEROS AND TIGER CONSERVATION FUND.
(a) Establishement.--There is established in the general
fund of the Treasury a separate account to be known as the
``Rhinoceros and Tiger Conservation Fund'', which shall
consist of amounts deposited into the Fund by the Secretary
of the Treasury under subsection (b).
(b) Deposits Into the Fund.--The Secretary of the Treasury
shall deposit into the Fund--
(1) all amounts received by the Secretary in the form of
donations under subsection (d); and
(2) other amounts appropriated to the Fund.
(c) Use.--
(1) In General.--Subject to paragraph (2), the Secretary
may use amounts in the Fund without further appropriation to
provide assistance under section 5.
(2) Administration.--Of amounts in the Fund available for
each fiscal year, the Secretary may use not more than 3
percent to administer the Fund.
(d) Accetance and Use of Donations.--The Secretary may
accept and use donations to provide assistance under section
5. Amounts received by the Secretary in the form of donations
shall be transferred to the Secretary of the Treasury for
deposit into the Fund.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Fund
$10,000,000 for each of fiscal years 1996, 1997, 1998, 1999,
and 2000 to carry out this Act, to remain available until
expended.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 114.21 national park system reform
Mr. VENTO moved to suspend the rules and pass the bill (H.R. 4476) to
provide for the development of a plan and a management review of the
National Park System and to reform the process by which areas are
considered for addition to the National Park System, and for other
purposes; as amended.
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, recognized Mr. VENTO
and Mr. HEFLEY, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. BILBRAY, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. VENTO demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. BILBRAY, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Wednesday, September 28, 1994, pursuant to the prior announcement of the
Chair.
Para. 114.22 notice requirement--consideration of resolution--question
of privileges
Mr. COX, by unanimous consent, pursuant to clause 2(a)(1) of rule IX,
extended his announced intention of September 23, 1994, to call up a
resolution on Wednesday, September 28, 1994, as a question of the
privileges of the House.
Para. 114.23 kennedy assassination records
Mr. CONYERS moved to suspend the rules and agree to the following
amendments of the Senate to the bill (H.R. 4569) to extend and make
amendments to the President John F. Kennedy Assassination Records
Collection Act of 1992:
Page 2, strike out lines 1 to 3 and insert:
(1) by striking ``2 years after the date of enactment of
this Act'' and inserting ``September 30, 1996''; and
(2) by striking ``2-year''.
Page 2, line 6, strike out ``Section 8(j)(1)'' and insert:
``Section (7)(j)(1).''
Page 3, lines 7 and 8 strike out ``offered the position''
and insert: ``employed conditionally in accordance with
subsection (b)3)(B).''
Page 4, after line 8, insert:
(d) Conditional Employment of Staff.--Section 8(b)(3)(B) of
the President John F. Kennedy Assassination Records
Collection Act of 1992 (44 U.S.C. 2107 note) is amended to
read as follows:
``(B)(i) The Review Board may offer conditional employment
to a candidate for a staff position pending the completion of
security clearance background investigations. During the
pendency of such investigations, the Review Board shall
ensure that any such employee does not have access to, or
responsibility involving, classified or otherwise restricted
assassination record materials.
``(ii) If a person hired on a conditional basis under
clause (i) is denied or otherwise does not qualify for all
security clearances necessary to carry out the
responsibilities of the position for which conditional
employment has been offered, the Review Board shall
immediately terminate the person's employment.''.
(e) Compensation of Staff.--Section 8(c) of the President
John F. Kennedy Assassination Records Collection Act of 1992
(21 U.S.C. 2107 note) is amended to read as follows:
``(c) Compensation.--Subject to such rules as may be
adopted by the Review Board, the chairperson, without regard
to the provisions of title 5, United States Code, governing
appointments in the competitive service and without regard to
the provisions of chapter 51 and subchapter III of chapter 53
of that title relating to classification and General Schedule
pay rates, may--
``(1) appoint an Executive Director, who shall be paid at a
rate not to exceed the rate of basic pay for level V of the
Executive Schedule; and
``(2) appoint and fix compensation of such other personnel
as may be necessary to carry out this Act.''.
The SPEAKER pro tempore, Mr. BILBRAY, recognized Mr. CONYERS and Mr.
McCANDLESS, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said amendments?
The SPEAKER pro tempore, Mr. BILBRAY, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said amendments were agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said amendments were agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
Para. 114.24 federal property and administrative services amendments
Mr. CONYERS moved to suspend the rules and pass the bill (H.R. 2461)
to amend the Federal Property and Administrative Services Act of 1949 to
authorize the transfer to States of surplus personal property for
donation to nonprofit providers of necessaries to impoverished families
and individuals.
The SPEAKER pro tempore, Mr. BILBRAY, recognized Mr. CONYERS and Mr.
McCANDLESS, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. BILBRAY, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 114.25 notice requirement--motion to instruct conferees--h.r. 820
Mr. ROHRABACHER, pursuant to clause 1(c) of rule XXVIII, announced his
intention to instruct the managers on the part of the House at the
conference with the Senate on the disagreeing votes of the two Houses on
the Senate amendment to the bill (H.R. 820) to amend the Stevenson-
Wydler Technology Innovation Act of 1980 to enhance manufacturing
technology development and transfer, to authorize appropriations for the
Technology Administration of the Department of Commerce, including the
National In-
[[Page 2038]]
stitute of Standards and Technology, and for other purposes, to insist
on the provisions contained in section 506 of the House bill, entitled
``Prohibitions'', the text of which is as follows: ``None of the funds
made available in this Act may be used to provide any direct Federal
financial benefit to any person who is not (1) a citizen or national of
the United States; (2) an alien lawfully admitted for permanent
residence; or (3) an alien granted legal status as a parolee, asylee, or
refugee.''
Para. 114.26 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
Para. 114.27 message from the president--gatt
The SPEAKER pro tempore, Mr. BILBRAY, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
I am pleased to transmit legislation and a number of related documents
to implement agreements resulting from the General Agreement on Tariffs
and Trade (GATT) Uruguay Round of multilateral trade negotiations. The
Uruguay Round Agreements are the broadest, most comprehensive trade
agreements in history. They are vital to our national interest and to
economic growth, job creation, and an improved standard of living for
all Americans.
When fully implemented, the Uruguay Round Ageements will add $100-$200
billion to the U.S. economy each year and create hundreds of thousands
of new, well-paying American jobs. They provide for a reduction in
worldwide tariffs of $744 billion, the largest global tax cut in
history.
The United States will be the biggest winner from the Uruguay Round
Agreements. We are the world's largest trading nation with the world's
most dynamic economy. In 1993, the United States exported $660 billion
in goods and services, accounting for more than 10 percent of the U.S.
GDP.
These agreements are the result of bipartisan cooperation and reflect
the consensus supporting market-opening trade policies that the United
States has enjoyed for decades. The Uruguay Round was launched by
President Reagan, continued by President Bush, and concluded by this
Administration. Each Administration consulted with the Congress and
welcomed congressional participation and guidance throughout the
negotiations. Similarly, this Administration has worked closely with the
Congress to ensure that the implementing legislation that I am now
forwarding enjoys broad bipartisan support.
The United States has led the world on a path of open markets, freer
trade, and economic growth. Now we must lead the way in implementing
these agreements. The leaders of every major industrialized nation have
pledged to take action so that the Uruguay Round Agreements can be
implemented by January 1, 1995. Any delay on our part would send a
negative signal to our trading partners at a time when their economies
are just beginning to recover.
Our economic recovery is now fully underway. As the economies in
Europe and Japan begin again to grow, we must be positioned to reap the
benefits of their expansion. As a result of the Uruguay Round
Agreements, our major trading partners in Europe and Asia will cut their
tariffs to historic lows.
The Asian Pacific economies are the fastest growing economies in the
world and are currently the largest market for U.S. exports. United
States exports to Latin America, the second fastest growing region in
the world, have grown 60 percent since 1989. The Uruguay Round
Agreements will ensure that these fast-growing markets will be open to
international competition and that all of our trading partners will play
by international trading rules.
The Uruguay Round Agreements enjoy very broad and deep support in the
United States. Forty of our Nation's governors, numerous eminent
economists, and the vast majority of U.S. industrial, agricultural, and
services firms support the agreements, as do an array of former
Presidents, Secretaries of State, Secretaries of the Treasury, and U.S.
Trade Representatives.
Americans are at their best when they face the challenges of their
time. Our predecessors did so after World War II when they created a new
international trading system that guided global growth for 50 years. Now
we must do the same to foster sustained prosperity for the decades to
come.
The end of the Cold War and the rise of the global economy have
created new challenges and new opportunities. Implementation of the
Uruguay Round Agreements will ensure that we rise to the challenges of
this new era and lead the world on a path of prosperity.
William J. Clinton.
The White House, September 27, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Ways and Means, the Committee
on Agriculture, the Committee on Education and Labor, the Committee on
Energy and Commerce, the Committee on Foreign Affairs, the Committee on
Government Operations, the Committee on the Judiciary and the Committee
on Rules and ordered to be printed (H. Doc. 103-316).
Para. 114.28 recess--6:09 p.m.
The SPEAKER pro tempore, Mr. BILBRAY, pursuant to clause 12 of rule I,
declared the House in recess at 6 o'clock and 9 minutes p.m., subject to
the call of the Chair.
Para. 114.29 after recess--6:44 p.m.
The SPEAKER pro tempore, Mr. BONIOR, called the House to order.
Para. 114.30 waiving points of order against conference report on s.349
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-755) the resolution (H. Res. 550) waiving certain points of
order against the conference report to accompany the bill (S. 349) to
provide for the disclosure of lobbying activities to influence the
Federal Government, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 114.31 providing for the consideration of h.r. 4779
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-756) the resolution (H. Res. 551) providing for consideration of
the bill (H.R. 4779) to amend the Solid Waste Disposal Act to authorize
local governments and Governors to restrict receipt of out-of-State
municipal solid waste, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 114.32 providing for the consideration of h.r. 4683
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-757) the resolution (H. Res. 552) providing for consideration of
the bill (H.R. 4683) to amend the Solid Waste Disposal Act to provide
congressional authorization of State Control over transportation of
municipal solid waste, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 114.33 waiving points of order against conference report on
h.r.4556
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-758) the resolution (H. Res. 553) waiving certain points of
order against the conference report to accompany the bill (H.R. 4556)
making appropriations for the Department of Transportation and related
agencies for the fiscal year ending September 30, 1995, and for other
purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 114.34 enrolled bill signed
Mr. ROSE, from the Committee on House Administration, reported that
that committee had examined and found truly enrolled a bill of the House
of the following title, which was thereupon signed by the Speaker:
H.R. 2144. An Act to provide for the transfer of excess
land to the Government of Guam, and for other purposes.
Para. 114.35 senate enrolled bill signed
The SPEAKER announced his signature to an enrolled bill of the Senate
of the following title:
S. 2182. An Act to authorize appropriations for fiscal year
1995 for military activities of
[[Page 2039]]
the Department of Defense, for military construction, and for
defense activities of the Department of Energy to prescribe
personnel strengths for such fiscal year for the Armed
Forces, and for other purposes.
Para. 114.36 bills and joint resolution presented to the president
Mr. ROSE, from the Committee on House Administration, reported that
that committee did on the following dates present to the President, for
his approval, bills and a joint resolution of the House of the following
titles:
On September 21, 1994:
H.R. 3841. An Act to amend the Bank Holding Company Act of
1956, the Revised Statutes of the United States, and the
Federal Deposit Insurance Act to provide for interstate
banking and branching.
On September 26, 1994:
H.J. Res. 363. Joint resolution to designate October 1994
as ``Crime Prevention Month'';
H.R. 1779. An Act to designate the facility of the United
States Postal Service located at 401 South Washington Street
in Chillicothe, Missouri, as the ``Jerry L. Litton United
States Post Office Building'', and to authorize travel and
transportation expenses for certain Federal career
appointees, and for other purposes;
H.R. 3679. An Act to authorize the Secretary of the
Interior to carry out a program to be known as the Junior
Duck Stamp Conservation and Design Program, and for other
purposes;
H.R. 4190 An Act to designate the building located at 41-42
Norre Gade in Saint Thomas, Virgin Islands, for the period of
time during which it houses operations of the United States
Postal Service, as the Alvero De Lugo Post Office; and to
amend title 39, United States Code, to make applicable with
respect to the United States Postal Service certain
exclusionary authority relating to the treatment of
reemployed annuitants under the civil service retirement
laws, and for other purposes; and
H.R. 4647. An Act to direct the Secretary of the Interior
to convey to the City of Imperial Beach, California,
approximately 1 acre of land in the Tijuana Slough National
Wildlife Refuge.
And then,
Para. 114.37 adjournment
On motion of Mr. MOAKLEY, at 6 o'clock and 46 minutes p.m., the House
adjourned.
Para. 114.38 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. GLICKMAN: Committee of Conference. Conference report on
H.R. 4299. A bill to authorize appropriations for fiscal year
1995 for intelligence and intelligence-related activities of
the U.S. Government, the community management account, and
the Central Intelligence Agency Retirement and Disability
System, and for other purposes (Rept. No. 103-753). Ordered
to be printed.
Mr. STARK: Committee on the District of Columbia. H.R.
2902. A bill to amend the District of Columbia Self-
Government and Governmental Reorganization Act to revise and
make permanent the use of a formula based on adjusted
District general fund revenues as the basis for determining
the amount of the annual Federal payment to the District of
Columbia, and for other purposes; with amendments (Rept. No.
103-754). Referred to the Committee of the Whole House on the
State of the Union.
Mr. FROST: Committee on Rules. House Resolution 550.
Resolution waiving points of order against the conference
report to accompany the bill (S. 349) to provide for the
disclosure of lobbying activities to influence the Federal
Government, and for other purposes (Rept. No. 103-755).
Referred to the House Calendar.
Mr. BONIOR: Committee on Rules. House Resolution 551.
Resolution providing for consideration of the bill (H.R.
4779) to amend the Solid Waste Disposal Act to authorize
local governments and Governors to restrict receipt of out-
of-State municipal solid waste, and for other purposes (Rept.
No. 103-756). Referred to the House Calendar.
Mr. MOAKLEY: Committee on Rules. House Resolution 552.
Resolution providing for consideration of the bill (H.R.
4683) to amend the Solid Waste Disposal Act to provide
congressional authorization of State control over
transportation of municipal solid waste, and for other
purposes (Rept. No. 103-757). Referred to the House Calendar.
Mr. BEILENSON: Committee on Rules. House Resolution 553.
Resolution waiving points of order against the conference
report to accompany the bill (H.R. 4556) making
appropriations for the Department of Transportation and
related agencies for the fiscal year ending September 30,
1995, and for other purposes (Rept. No. 103-758). Referred to
the House Calendar.
Para. 114.39 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. HAMILTON (for himself and Mr. Gilman):
H.R. 5108. A bill to extend the Export Administration Act
of 1979; to the Committee on Foreign Affairs.
By Mr. MINGE:
H.R. 5109. A bill to amend the Internal Revenue Code of
1986 to provide that a taxpayer may elect to include in
income crop insurance proceeds and disaster payments in the
year of the disaster or in the following year, and for other
purposes; to the Committee on Ways and Means.
By Mr. GEPHARDT (for himself and Mr. Michel) (by
request):
H.R. 5110. A bill to approve and implement the trade
agreements concluded in the Uruguay round of multilateral
trade negotiations; jointly, to the following committees for
a period ending not later than October 3, 1994: Ways and
Means, Agriculture, Education and Labor, Energy and Commerce,
Foreign Affairs, Government Operations, Judiciary, and Rules.
By Mr. BARRETT of Wisconsin:
H.R. 5111. A bill to amend the Internal Revenue Code of
1986 to provide a 1-year extension of the deduction for the
health insurance costs of self-employed individuals; to the
Committee on Ways and Means.
By Mr. GEJDENSON:
H.R. 5112. A bill to amend the Communications Act of 1934
to require resellers of long distance telephone services to
disclose their relationship to the carriers from which such
services are acquired, and for other purposes; to the
Committee on Energy and Commerce.
By Mr. WISE:
H.R. 5113. A bill to amend the Public Works and Economic
Development Act of 1965 to establish a competitive
communities demonstration program to assist distressed
communities in developing a competitive economic base, and
for other purposes; jointly, to the Committees on Public
Works and Transportation and Banking, Finance and Urban
Affairs.
By Mr. PORTER (for himself, Mr. Clay, and Mr. Myers of
Indiana):
H.J. Res. 415. Joint resolution designating the week
beginning October 16, 1994, as ``National Penny Charity
Week''; to the Committee on Post Office and Civil Service.
By Mr. SHARP:
H. Con. Res. 298. Concurrent resolution providing for the
printing of the book entitled ``Members of the United States
House of Representatives: A Historical Bibliography''; to the
Committee on House Administration.
By Mr. SERRANO (for himself, Mr. Ortiz, Ms. Roybal-
Allard, Mr. Pastor, Mr. de la Garza, Mr. de Lugo, Mr.
Richardson, Mr. Torres, Ms. Ros-Lehtinen, Mr.
Becerra, Mr. Gutierrez, Mr. Menendez, Mr. Romero-
Barcelo, Mr. Tejeda, Ms. Velazquez, Mr. Underwood,
Mr. Diaz-Balart, and Mr. Bonilla):
H. Con. Res. 299. Concurrent resolution authorizing the
printing of the book entitled ``Hispanic Americans in
Congress''; to the Committee on House Administration.
By Mr. GILMAN:
H. Res. 549. Resolution expressing the sense of the House
of Representatives that the President should work to achieve
a clearly defined agreement which establishes a multilateral
export control regime to stem the proliferation of militarily
critical products, technology, and advanced strategic weapons
to rogue regimes that jeopardize international peace and the
national security of the United States; to the Committee on
Foreign Affairs.
Para. 114.40 private bills and resolutions
Under clause 1 of rule XXII,
Mr. HOCHBRUECKNER introduced a bill (H.R. 5114) for the
relief of Jack Ellsworth; which was referred to the Committee
on the Judiciary.
Para. 114.41 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 24: Mr. Lewis of Kentucky.
H.R. 65: Mr. Kingston.
H.R. 127: Mr. Lewis of California.
H.R. 162: Mr. McCrery, Mr. Horn, Mr. Petri, Ms. Dunn, and
Mr. Murtha.
H.R. 462: Mr. Chapman.
H.R. 830: Mr. Lewis of Kentucky.
H.R. 911: Mr. Fazio.
H.R. 1105: Mr. Lewis of Kentucky.
H.R. 1671: Mr. de la Garza and Mr. LaFalce.
H.R. 2429: Mr. Andrews of Texas, Mrs. Bentley, Ms. Collins
of Michigan, Ms. Eshoo, Mr. Gallegly, Mr. Gonzalez, Mr.
Hoyer, Mr. Hochbrueckner, Mr. Minge, Mr. Mica, Mrs. Morella,
Ms. Schenk, and Mr. Thompson.
H.R. 2543: Mr. Swett, Mr. Rangel, and Mr. Lewis of Georgia.
H.R. 2758: Mr. McKeon.
H.R. 3486: Mr. Burton of Indiana.
H.R. 3727: Mr. Parker.
H.R. 3795: Mr. Parker.
H.R. 3994: Mr. Zimmer.
H.R. 4118: Mrs. Lowey and Mr. Diaz-Balart.
H.R. 4142: Mr. Towns, Mr. Manton, Mr. Farr, Mr. Baker of
California, Mr. Martinez, Mr. Horn, Mr. Kildee, and Mr.
Foglietta.
H.R. 4225: Mr. Dooley, Mr. Gene Green of Texas, and Mrs.
Lowey.
H.R. 4258: Mr. Lipinski.
H.R. 4289: Mr. Hughes and Ms. Margolies-Mezvinsky.
H.R. 4303: Mr. Gejdenson.
H.R. 4495: Mr. Johnston of Florida, Mr. Meehan, Mr. Waxman,
Mrs. Morella, Mr.
[[Page 2040]]
Canady, Ms. Norton, Mr. Stark, Mr. Johnson of South Dakota,
Mr. Yates, Ms. Cantwell, Mr. Barcia of Michigan, Mr. Hamburg,
and Mr. Lipinski.
H.R. 4496: Mr. Faleomavaega, Mr. Valentine, Mrs. Lowey, Mr.
Stark, Mr. Engel, Mr. Hinchey, Mr. Lewis of Georgia, and Mr.
Nadler.
H.R. 4514: Mrs. Vucanovich.
H.R. 4566: Mr. Bachus of Alabama.
H.R. 4643: Mr. Kennedy.
H.R. 4693: Ms. Kaptur, Mr. Berman, Mr. Sanders, Mr. Towns,
Mr. Vento, Mr. Swett, Mr. DeFazio, Mr. Rahall, Mr. Serrano,
Mr. Frank of Massachusetts, Mr. Stokes, Mr. Bonior, Mr.
Waxman, Mr. Visclosky, Mr. Hinchey, Mr. Engel, Mr. Miller of
California, Mr. Brown of Ohio, Mr. Hoke, Mr. Lantos, Ms.
Velazquez, Mr. Gejdenson, Mr. Wynn, Mr. Ackerman, Mr. Barlow,
Mr. Fingerhut, Mr. Porter, Mr. Oberstar, Mr. Johnson of South
Dakota, Mr. Studds, Mr. Edwards of California, and Mr.
Wilson.
H.R. 4780: Mr. Vento and Mr. Klein.
H.R. 4809: Mrs. Meek of Florida, Mr. Lehman, Mr. Jefferson,
Mr. Schumer, Mr. Evans, Mr. Olver, Ms. Shepherd, Mr.
Foglietta, Mr. Johnson of South Dakota, Mr. Wynn, Mr. Frost,
Mr. Gejdenson, Mr. Frank of Massachusetts, Mr. Engel, Mr.
Yates, Mr. Gordon, Mr. Filner, Mr. Calvert, Mr. Lewis of
Georgia, Mr. Borski, Mr. Kleczka, Mr. Dellums, Mr. Edwards of
Texas, Mr. Andrews of New Jersey, Mr. Sanders, Mr. Brown of
Ohio, Mr. Rahall, Mrs. Vucanovich, Mrs. Kennelly, Ms. Schenk,
Mr. Hall of Ohio, and Ms. Lowey.
H.R. 4828: Mrs. Clayton.
H.R. 4831: Mr. Hoagland and Mr. Tanner.
H.R. 4977: Mr. Diaz-Balart.
H.R. 4978: Mr. Diaz-Balart.
H.R. 4979: Mr. Diaz-Balart.
H.R. 4984: Mr. Lewis of California and Mr. Wilson.
H.R. 5043: Ms. Pelosi, Mr. Manton, Mr. McCloskey, Mr.
Borski, Mr. Hamilton, Mr. Gingrich, Mr. Schiff, Mr. Thomas of
Wyoming, Mr. Wolf, Mr. Torres, Mr. Barcia of Michigan, and
Mr. Paxon.
H.R. 5044: Mr. Hobson, Mr. Meehan, Ms. Kaptur, Mr. Spratt,
Mr. Hughes, and Mr. Applegate.
H.R. 5081: Mr. Wolf.
H.R. 5082: Mr. Dreier, Mr. McMillan, Mr. Myers of Indiana,
Mr. Hastert, Mr. Crapo, Mr. Baker of California, Mr. Emerson,
Mr. Armey, Mr. DeLay, Mr. Fields of Texas, Mr. Roberts, Mr.
Gilchrest, Mr. Walker, Mr. Portman, Mr. Lehman, Mrs. Fowler,
Mr. Andrews of Texas, Mr. Oberstar, Mr. Mazzoli, Mr. Pombo,
Mr. Ramstad, Mr. Dooley, Mr. Klug, Mr. Lewis of California,
Mr. McKeon, Mr. Moorhead, Mr. Rohrabacher, Mr. Royce, Mr.
Horn, Mr. Doolittle, Mr. Herger, Mr. Canady, Mr. Miller of
Florida, Mrs. Meek of Florida, Mr. Kolbe, Mr. Gunderson, Mr.
Blute, Mr. McCrery, Mr. Gillmor, and Mr. Penny.
H.R. 5083: Mr. Berman and Mrs. Mink of Hawaii.
H.J. Res. 337: Mr. Hamilton, Mr. Emerson, Mr. Fields of
Texas, Ms. McKinney, Mr. Barca of Wisconsin, Mr. Traficant,
Mr. Burton of Indiana, Mr. Sarpalius, Mr. Rose, Mr. Schumer,
and Mr. Towns.
H.J. Res. 349: Mr. Martinez and Mr. Parker.
H.J. Res. 389: Mr. Carr, Mr. Kopetski, Mr. Torricelli, Mr.
Matsui, Mr. Sisisky, Mr. Brewster, Mr. Inhofe, Mr. Gunderson,
Mr. McDade, Mr. Spratt, Mr. Kanjorski, Mr. Hoagland, Mr.
Andrews of Texas, Mr. Stearns, Ms. English of Arizona, and
Ms. Slaughter.
H.J. Res. 401: Mr. Abercrombie, Mr. Bilbray, Mr. Bryant,
Mr. DeFazio, Mr. Doolittle, Ms. Dunn, Mr. Hastings, Mr.
Kingston, Mr. Knollenberg, Mr. Lantos, Mr. Levin, Mr. Markey,
Mr. Mollohan, Ms. Norton, Ms. Roybal-Allard, Mr. Sanders, Ms.
Slaughter, Mr. Underwood, Ms. Velazquez, Ms. Waters, Mr.
Waxman, and Mr. Young of Florida.
H.J. Res. 402: Mr. Taylor of North Carolina, Mr. Frost, Mr.
Hastings, Mr. Jefferson, Mrs. Meyers of Kansas, Mr.
Sarpalius, Mr. Bateman, Mr. Barca of Wisconsin, Mr. Roth, Mr.
Klein, Mr. McHale, and Mr. Gordon.
H. Con. Res. 35: Mr. DeFazio, Mr. Stupak, Ms. Brown of
Florida, Mr. Lewis of California, Mr. Watt, Mr. Rowland, Mr.
Hayes, Mr. McCloskey, Mr. Foglietta, and Mr. Ortiz.
H. Con. Res. 148: Mr. Barca of Wisconsin.
H. Con. Res. 166: Mr. Callahan, Mr. McCrery, Mr. Collins of
Georgia and Mr. Abercrombie.
H. Con. Res. 173: Mr. Richardson, Mr. Shaw, Mr. Lewis of
Georgia, Mr. Lucas, Mr. Talent, Mr. Gekas, and Mr. Smith of
Iowa.
H. Con. Res. 199: Mr. Towns.
H. Con. Res. 279: Mr. Martinez.
H. Res. 525: Mr. Lucas and Mr. Bachus of Alabama.
H. Res. 541: Mr. Andrews of New Jersey.
H. Res. 545: Mr. Armey, Mr. Herger, Mr. Duncan, Mr. Smith
of Texas, Mr. Collins of Georgia, Mr. Burton of Indiana, Mr.
Taylor of North Carolina, Mr. Bartlett of Maryland, Mr.
Livingston, and Mr. Rogers.
.
WEDNESDAY, SEPTEMBER 28, 1994 (115)
Para. 115.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
MONTGOMERY, who laid before the House the following communication:
Washington, DC,
September 28, 1994.
I hereby designate the Honorable G.V. (Sonny) Montgomery to
act as Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Para. 115.2 approval of the journal
The SPEAKER pro tempore, Mr. MONTGOMERY, announced he had examined and
approved the Journal of the proceedings of Tuesday, September 27, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 115.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3875. A communication from the President of the United
States, transmitting his request to make available
appropriations totaling $14,505,000 in budget authority for
the Federal Emergency Management Agency [FEMA], and to
designate these amounts as emergency requirements pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, pursuant to 31
U.S.C. 1107 (H. Doc. No. 103-318); to the Committee on
Appropriations and ordered to be printed.
3876. A letter from the Comptroller of the Department of
Defense, transmitting a report of a violation of the Anti-
Deficiency Act which occurred in the Department of the Army,
pursuant to 31 U.S.C. 1517(b); to the Committee on
Appropriations.
3877. A letter from the Comptroller of the Department of
Defense, transmitting a report of a violation of the Anti-
Deficiency Act which occurred in the Department of the Army,
pursuant to 31 U.S.C. 1517(b); to the Committee on
Appropriations.
3878. A letter from the Deputy Assistant Secretary,
Department of the Air Force, transmitting notification that a
study has been conducted with respect to converting the
grounds maintenance function at Randolph Air Force Base, CO,
and a decision has been made that performance under contract
is the most cost-effective method, pursuant to Public Law
100-463, section 8061 (102 Stat. 2270-27); to the Committee
on Armed Services.
3879. A letter from the Deputy Associate Director for
Compliance, Department of the Interior, transmitting
notification of proposed refunds of excess royalty payments
in OCS areas, pursuant to 43 U.S.C. 1339(b); to the Committee
on Natural Resources.
3880. A letter from the Secretary, Department of
Transportation, transmitting the Department's annual report
entitled ``Transportation Security'' for calendar year 1993,
pursuant to Public Law 101-604, section 102(a) (104 Stat.
3068); to the Committee on Public Works and Transportation.
3881. A letter from the Secretary of Energy, transmitting a
report regarding the development of a list of potential
international energy projects in host countries using
renewable energy technologies; jointly, to the Committees on
Energy and Commerce and Foreign Affairs.
3882. A letter from the Secretary of Health and Human
Services, transmitting a report entitled ``Monitoring the
Impact of Medicare Physician Payment Reform on Utilization
and Access'', pursuant to Public Law 101-239; jointly, to the
Committees on Energy and Commerce and Ways and Means.
3883. A letter from the Secretary of Health and Human
Services, transmitting the annual report with respect to
actions taken to recruit and train Indians to qualify them
for positions subject to Indian preference; the annual report
on actions taken to place non-Indians employed by the Indian
Health Service in other Federal agencies, pursuant to 25
U.S.C. 472a(d); jointly, to the Committees on Natural
Resources and Post Office and Civil Service.
3884. A communication from the President of the United
States, transmitting the proclamation terminating the trust
relationship between the United States and Palau and the
entry into force of the Compact of Free Association between
the United States and the Republic of Palau, effective
October 1, 1994, pursuant to Public Law 101-219, section
101(1) & (2), Public Law 99-658, section 101(d)(1)(A) & (C),
Public Law 99-239, section 102(b)(2)(B) (H. Doc. No. 103-
317); jointly, to the Committees on Natural Resources and
Foreign Affairs and ordered to be printed.
3885. A letter from the Comptroller General, General
Accounting Office, transmitting an audit of the Department of
Energy's Office of Civilian Radioactive Waste Management,
pursuant to 42 U.S.C. 1022(d); jointly, to the Committees on
Energy and Commerce, Natural Resources, and Government
Operations.
Para. 115.4 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed without amendment bills of the House of the
following titles:
H.R. 3839. An Act to designate the United States Post
Office building located at 220 South 40th Avenue in
Hattiesburg, Mississippi, as the ``Roy M. Wheat Post
Office'';
H.R. 4177. An Act to designate the United States Post
Office building located at 1601 Highway 35 in Middletown, New
Jersey, as the ``Candace White Post Office'';
H.R. 4191. An Act to designate the United States Post
Office building located at 9630
[[Page 2041]]
Estate Thomas in Saint Thomas, Virgin Islands, as the
``Aubrey C. Ottley Post Office''; and
H.R. 4230. An Act to amend the American Indian Religious
Freedom Act to provide for the traditional use of peyote by
Indians for religious purposes, and for other purposes.
The message also announced that the Senate agreed to the report of the
committee of conference on the disagreeing votes of the two Houses on
the amendments of the Senate to the bill (H.R. 4554) ``An Act making
appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year ending
September 30, 1995, and for other purposes.''
The message also announced that the Senate agreed to the amendments of
the House to the amendments of the Senate numbered 11, 15, 25, 26, 32,
33, 34, 37, 41, 42, 57, 70, 75, 76, 84, 89, 91, 94, 98, 100, and 102, to
the above-entitled bill.
The message also announced that the Senate agreed to the amendments of
the House to the amendments of the Senate numbered 5, 14, 19, 20, 30,
51, 56, 58, 60, 64, 71, 72, 98, 100, 111, 117, and 123, to the bill
(H.R. 4624) ``An Act making appropriations for the Departments of
Veterans Affairs and Housing and Urban Development, and for sundry
independent agencies, boards, commissions, corporations, and offices for
the fiscal year ending September 30, 1995, and for other purposes.''
The message also announced that the Senate agreed to the report of the
committee of conference on the disagreeing votes of the two Houses on
the amendments of the Senate to the above-entitled bill.
The message also announced that the Senate agreed to the amendments of
the House to the amendments of the Senate numbered 28 and 84, to the
above-entitled bill.
The message also announced that the Senate had passed bills and a
concurrent resolution of the following titles, in which the concurrence
of the House is requested:
S. 922. An Act to provide that a State court may not modify
an order of another State court requiring the payment of
child support unless the recipient of child support payments
resides in the State in which the modification is sought or
consents to the seeking of the modification in that court;
S. 2468. An Act to permit the Secretary of Agriculture to
make available certain amounts for FmHA farm ownership,
operating, or emergency loans, and for other purposes; and
S. Con. Res. 74. Concurrent resolution concerning the ban
on the use of United States passports in Lebanon.
The message also announced that the Senate agreed to the amendment of
the House to the bill (S. 716) ``An Act to require that all Federal
lithographic printing be performed using ink made from vegetable oil and
materials derived from other renewable resources, and for other
purposes.''
The message also announced that the Senate disagreed to the amendments
of the House to the bill (S. 2060) ``An Act to amend the Small Business
Act and the Small Business Investment Act of 1958, and for other
purposes,'' agreed to the conference asked by the House on the
disagreeing votes of the two Houses thereon, and appointed Mr. Bumpers,
Mr. Nunn, and Mr. Pressler to be the conferees on the part of the
Senate.
The message also announced that pursuant to Public Law 103-296, the
Chair, on behalf of the Republican leader and in consultation with the
ranking minority member of the Finance Committee, appointed Carolyn L.
Weaver, of Virginia, for a 3-year term to the Social Security Advisory
Board.
Para. 115.5 waiving points of order against the conference report on
h.r. 4556
Mr. GORDON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 553):
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (H.R. 4556) making appropriations for the Department of
Transportation and related agencies for the fiscal year
ending September 30, 1995, and for other purposes. All points
of order against the conference report and against its
consideration are waived. The conference report shall be
considered as read.
When said resolution was considered.
After debate,
On motion of Mr. GORDON, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 115.6 transportation appropriations
Mr. CARR, pursuant to House Resolution 553, called up the following
conference report (Rept. No. 103-752):
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the Senate to the bill (H.R.
4556) ``making appropriations for the Department of
Transportation and related agencies, for the fiscal year
ending September 30, 1995, and for other purposes,'' having
met, after full and free conference, have agreed to recommend
and do recommend to their respective Houses as follows:
That the Senate recede from its amendments numbered 2, 3,
4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 20, 41, 49,
64, 65, 69, 70, 79, 85, 96, 97, 98, 99, 109, 113, 128, 130,
132, 134, 135, 144, 145, 147, 155, 156, 158, 181, and 182.
That the House recede from its disagreement to the
amendments of the Senate numbered 18, 19, 22, 23, 24, 25, 26,
27, 28, 29, 30, 31, 32, 34, 37, 42, 44, 45, 46, 50, 53, 54,
56, 60, 63, 66, 68, 73, 76, 80, 81, 82, 86, 87, 90, 91, 92,
94, 127, 131, 146, 149, 150, 152, 153, 166, 167, 168, 171,
and 174, and agree to the same.
Amendment numbered 1:
That the House recede from its disagreement to the
amendment of the Senate numbered 1, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended to
read as follows:
salaries and expenses
For necessary expenses of the Office of the Secretary,
$58,094,000, of which $3,962,000 shall remain available until
expended; and of which not to exceed $40,000 shall be
available as the Secretary may determine for allocation
within the Department for official reception and
representation expenses: Provided, That in addition to this
amount and notwithstanding any other provision of law, of the
funds provided in this or any other Act for the Department of
Transportation, the Secretary may transfer not to exceed
$5,376,000 from accounts otherwise available for carrying out
civil rights functions within the Department of
Transportation to this account for carrying out internal
civil rights functions through a consolidated departmental
Office of Civil Rights within the Office of the Secretary:
Provided further, That in addition, for transfer of civil
rights and legal support activities related to the Federal
Highway Administration, $809,000 to be derived from
``Federal-aid Highways'' subject to the ``Limitation on
General Operating Expenses'': Provided further, That
notwithstanding any other provision of law, funds available
for the purposes of the Minority Business Resource Center in
this Act may be used for business opportunities related to
any mode of transportation.
Amendment numbered 21:
That the House recede from its disagreement to the
amendment of the Senate numbered 21, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$93,000,000; and the Senate agree to the same.
Amendment numbered 33:
That the House recede from its disagreement to the
amendment of the Senate numbered 33, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$2,598,000,000; and the Senate agree to the same.
Amendment numbered 35:
That the House recede from its disagreement to the
amendment of the Senate numbered 35, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$362,950,000; and the Senate agree to the same.
Amendment numbered 36:
That the House recede from its disagreement to the
amendment of the Senate numbered 36, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$187,900,000; and the Senate agree to the same.
Amendment numbered 38:
That the House recede from its disagreement to the
amendment of the Senate numbered 38, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$29,700,000; and the Senate agree to the same.
Amendment numbered 39:
That the House recede from its disagreement to the
amendment of the Senate numbered 39, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$89,350,000; and the Senate agree to the same.
Amendment numbered 40:
That the House recede from its disagreement to the
amendment of the Senate numbered 40, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$44,200,000; and the Senate agree to the same.
Amendment numbered 43:
That the House recede from its disagreement to the
amendment of the Senate numbered 43, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$23,500,000; and the Senate agree to the same.
Amendment numbered 47:
[[Page 2042]]
That the House recede from its disagreement to the
amendment of the Senate numbered 47, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$4,595,394,000; and the Senate agree to the same.
Amendment numbered 48:
That the House recede from its disagreement to the
amendment of the Senate numbered 48, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended to
read as follows: Provided further, That, of the funds
available under this head, $17,500,000 is available only for
permanent change of station moves for members of the air
traffic workforce; and the Senate agree to the same.
Amendment numbered 51:
That the House recede from its disagreement to the
amendment of the Senate numbered 51, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$2,087,489,000; and the Senate agree to the same.
Amendment numbered 52:
That the House recede from its disagreement to the
amendment of the Senate numbered 52, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$1,878,989,000; and the Senate agree to the same.
Amendment numbered 55:
That the House recede from its disagreement to the
amendment of the Senate numbered 55, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$259,192,000 ; and the Senate agree to the same.
Amendment numbered 57:
That the House recede from its disagreement to the
amendment of the Senate numbered 57, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
aircraft purchase loan guarantee program
None of the funds in this Act shall be available for
activities under this head the obligations for which are in
excess of $9,970,000 during fiscal year 1995.
And the Senate agree to the same.
Amendment numbered 58:
That the House recede from its disagreement to the
amendment of the Senate numbered 58, and agree to the same
with an amendment, as follows;
In lieu of the sum proposed in said amendment insert:
$525,341,000; and the Senate agree to the same.
Amendment numbered 59:
That the House recede from its disagreement to the
amendment of the Senate numbered 59, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$218,158,000; and the Senate agree to the same.
Amendment numbered 61:
That the House recede from its disagreement to the
amendment of the Senate numbered 61, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$10,800,000; and the Senate agree to the same.
Amendment numbered 62:
That the House recede from its disagreement to the
amendment of the Senate numbered 62, and agree to the same
with an amendment, as follows;
In lieu of the sum proposed in said amendment insert:
$10,800,000; and the Senate agree to the same.
Amendment numbered 67:
That the House recede from its disagreement to the
amendment of the Senate numbered 67, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended to
read as follow:
operations and research
For expenses necessary to discharge the functions of the
Secretary with respect to traffic and highway safety under
the Motor Vehicle Information and Cost Savings Act (Public
Law 92-513, as amended) and the National Traffic and Motor
Vehicle Safety Act (Public Law 89-563, as amended),
$79,556,000, of which $42,965,000 shall remain available
until September 30, 1997.
And the Senate agree to the same.
Amendment numbered 71:
That the House recede from its disagreement to the
amendment of the Senate numbered 71, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$30,310,000; and the Senate agree to the same.
Amendment numbered 72:
That the House recede from its disagreement to the
amendment of the Senate numbered 72, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$13,090,000; and the Senate agree to the same.
Amendment numbered 74:
That the House recede from its disagreement to the
amendment of the Senate numbered 74, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$47,729,000; and the Senate agree to the same.
Amendment numbered 75:
That the House recede from its disagreement to the
amendment of the Senate numbered 75, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$2,600,000; and the Senate agree to the same.
Amendment numbered 77:
That the House recede from its disagreement to the
amendment of the Senate numbered 77, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$20,500,000; and the Senate agree to the same.
Amendment numbered 78:
That the House recede from its disagreement to the
amendment of the Senate numbered 78, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$200,000,000; and the Senate agree to the same.
Amendment numbered 83:
That the House recede from its disagreement to the
amendment of the Senate numbered 83, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$772,000,000; and the Senate agree to the same.
Amendment numbered 84:
That the House recede from its disagreement to the
amendment of the Senate numbered 84, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$542,000,000; and the Senate agree to the same.
Amendment numbered 88:
That the House recede from its disagreement to the
amendment of the Senate numbered 88, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
rhode island rail development
For the costs associated with construction of a third track
on the Northeast Corridor between Davisville and Central
Falls, Rhode Island, with sufficient clearance to accommodate
double stack freight cars, $5,000,000, to be matched by the
State of Rhode Island or its designee on a dollar for dollar
basis and to remain available until expended: Provided, That
as a condition of accepting such funds, the Providence and
Worcester (P&W) Railroad shall enter into an agreement with
the Secretary to reimburse Amtrak and/or the Federal Railroad
Administration, on a dollar for dollar basis, up to the first
$5,000,000 in damages resulting from any legal action
initiated by the P&W Railroad under its existing contracts
with Amtrak relating to the provision of vertical clearances
between Davisville and Central Falls in excess of those
required for present freight operations.
And the Senate agree to the same.
Amendment numbered 89:
That the House recede from its disagreement to the
amendment of the Senate numbered 89, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
pennsylvania station redevelopment project
For grants to the National Railroad Passenger Corporation,
$40,000,000, to remain available until expended, for
engineering, design and construction activities to enable the
James A. Farley Post Office in New York City to be used as a
train station and commercial center: Provided, That the
Secretary may retain from these funds such amounts as the
Secretary shall deem appropriate to undertake the
environmental and historic preservation analyses associated
with this project: Provided further, That none of these funds
may be expended for construction activities (except for
emergency and short-term and related repairs and
environmental restoration) until the participants have
entered into a binding agreement satisfactory to the
Secretary that contains financial and related commitments
from the participants sufficient to ensure the completion of
the project: Provided further, That no funds provided under
this head shall be available until authorized by law.
And the Senate agree to the same.
Amendment numbered 93:
That the House recede from its disagreement to the
amendment of the Senate numbered 93, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$710,000,000; and the Senate agree to the same.
Amendment numbered 95:
That the House recede from its disagreement to the
amendment of the Senate numbered 95, and agree to the same
with an amendment, as follows:
In lieu of the sum named in said amendment insert:
$8,000,000; and the Senate agree to the same.
Amendment numbered 100:
That the House recede from its disagreement to the
amendment of the Senate numbered 100, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended as
follows:
In lieu of the sum named in said amendment insert:
$24,000,000; and the Senate agree to the same.
Amendment numbered 101:
That the House recede from its disagreement to the
amendment of the Senate numbered 101, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended as
follows:
In lieu of the sum named in said amendment insert:
$25,000,000; and the Senate agree to the same.
[[Page 2043]]
Amendment numbered 102:
That the House recede from its disagreement to the
amendment of the Senate numbered 102, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended as
follows:
In lieu of the sum named in said amendment insert:
$16,925,000; and the Senate agree to the same.
Amendment numbered 103:
That the House recede from its disagreement to the
amendment of the Senate numbered 103, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended as
follows:
In lieu of the sum named in said amendment insert:
$2,500,000; and the Senate agree to the same.
Amendment numbered 104:
That the House recede from its disagreement to the
amendment of the Senate numbered 104, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended as
follows:
In lieu of the sum named in said amendment insert:
$3,000,000; and the Senate agree to the same.
Amendment numbered 105:
That the House recede from its disagreement to the
amendment of the Senate numbered 105, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended as
follows:
In lieu of the sum named in said amendment insert:
$10,000,000; and the Senate agree to the same.
Amendment numbered 106:
That the House recede from its disagreement to the
amendment of the Senate numbered 106, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended as
follows:
In lieu of the sum named in said amendment insert:
$30,000,000; and the Senate agree to the same.
Amendment numbered 107:
That the House recede from its disagreement to the
amendment of the Senate numbered 107, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended as
follows:
In lieu of the sum named in said amendment insert:
$1,000,000; and the Senate agree to the same.
Amendment numbered 108:
That the House recede from its disagreement to the
amendment of the Senate numbered 108, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$107,000,000; and the Senate agree to the same.
Amendment numbered 110:
That the House recede from its disagreement to the
amendment of the Senate numbered 110, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$55,000,000; and the Senate agree to the same.
Amendment numbered 111:
That the House recede from its disagreement to the
amendment of the Senate numbered 111, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended as
follows:
In lieu of the sum named in said amendment insert:
$1,200,000; and the Senate agree to the same.
Amendment numbered 112:
That the House recede from its disagreement to the
amendment of the Senate numbered 112, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended as
follows:
In lieu of the sum named in said amendment insert:
$5,000,000; and the Senate agree to the same.
Amendment numbered 114:
That the House recede from its disagreement to the
amendment of the Senate numbered 114, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$98,000,000; and the Senate agree to the same.
Amendment numbered 115:
That the House recede from its disagreement to the
amendment of the Senate numbered 115, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended as
follows:
In lieu of the sum named in said amendment insert:
$5,000,000; and the Senate agree to the same.
Amendment numbered 116:
That the House recede from its disagreement to the
amendment of the Senate numbered 116, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended as
follows:
In lieu of the sum named in said amendment insert:
$20,150,000; and the Senate agree to the same.
Amendment numbered 117:
That the House recede from its disagreement to the
amendment of the Senate numbered 117, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended as
follows:
In lieu of the sum named in said amendment insert:
$5,000,000; and the Senate agree to the same.
Amendment numbered 118:
That the House recede from its disagreement to the
amendment of the Senate numbered 118, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended as
follows:
In lieu of the sum named in said amendment insert:
$2,350,000; and the Senate agree to the same.
Amendment numbered 119:
That the House recede from its disagreement to the
amendment of the Senate numbered 119, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$12,095,000; and the Senate agree to the same.
Amendment numbered 120:
That the House recede from its disagreement to the
amendment of the Senate numbered 120, and agree to the same
with an amendment, as follows:
In lieu of the sum named in said amendment insert:
$3,000,000; and the Senate agree to the same.
Amendment numbered 121:
That the House recede from its disagreement to the
amendment of the Senate numbered 121, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
$3,600,000 for the Boston, Massachusetts to Portland, Maine
Transportation Corridor Program; and the Senate agree to the
same.
Amendment numbered 122:
That the House recede from its disagreement to the
amendment of the Senate numbered 122, and agree to the same
with an amendment, as follows:
In lieu of the sum named in said amendment insert:
$14,000,000; and the Senate agree to the same.
Amendment numbered 123:
That the House recede from its disagreement to the
amendment of the Senate numbered 123, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended as
follows:
In lieu of the sum named in said amendment insert:
$500,000; and the Senate agree to the same.
Amendment numbered 124:
That the House recede from its disagreement to the
amendment of the Senate numbered 124, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended as
follows:
In lieu of the sum named in said amendment insert:
$5,000,000; and the Senate agree to the same.
Amendment numbered 125:
That the House recede from its disagreement to the
amendment of the Senate numbered 125, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended as
follows:
In lieu of the sum named in said amendment insert:
$2,500,000; and the Senate agree to the same.
Amendment numbered 126:
That the House recede from its disagreement to the
amendment of the Senate numbered 126, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended as
follows:
In lieu of the sum named in said amendment insert:
$2,500,000; and the Senate agree to the same.
Amendment numbered 129:
That the House recede from its disagreement to the
amendment of the Senate numbered 129, and agree to the same
with an amendment, as follows:
In lieu of the sum named in said amendment insert:
$1,500,000; and the Senate agree to the same.
Amendment numbered 133:
That the House recede from its disagreement to the
amendment of the Senate numbered 133, and agree to the same
with an amendment, as follows:
In lieu of the sum named in said amendment insert:
$4,000,000; and the Senate agree to the same.
Amendment numbered 136:
That the House recede from its disagreement to the
amendment of the Senate numbered 136, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$10,251,000; and the Senate agree to the same.
Amendment numbered 137:
That the House recede from its disagreement to the
amendment of the Senate numbered 137, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$26,238,000; and the Senate agree to the same.
Amendment numbered 138:
That the House recede from its disagreement to the
amendment of the Senate numbered 138, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$37,424,000; and the Senate agree to the same.
Amendment numbered 139:
That the House recede from its disagreement to the
amendment of the Senate numbered 139, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$34,991,500; and the Senate agree to the same.
Amendment numbered 140:
[[Page 2044]]
That the House recede from its disagreement to the
amendment of the Senate numbered 140, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$16,317,500; and the Senate agree to the same.
Amendment numbered 141:
That the House recede from its disagreement to the
amendment of the Senate numbered 141, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert: :
Provided, That from amounts made available herein from the
Pipeline Safety Fund, not to exceed $750,000 shall be
available for grants to States for the development and
establishment of one-call notification systems; and the
Senate agree to the same.
Amendment numbered 142:
That the House recede from its disagreement to the
amendment of the Senate numbered 142, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$10,800,000; and the Senate agree to the same.
Amendment numbered 143:
That the House recede from its disagreement to the
amendment of the Senate numbered 143, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert: That no such funds shall be made available
for obligation by individuals other than the Secretary of
Transportation, the Director of the National Institute of
Environmental Health Sciences, or their designees; and the
Senate agree to the same.
Amendment numbered 148:
That the House recede from its disagreement to the
amendment of the Senate numbered 148, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
For necessary expenses of the Interstate Commerce
Commission, including services as authorized by 5 U.S.C. 3109
and hire of passenger motor vehicles as authorized by 31
U.S.C. 1343(b), $30,302,000: Provided, That; and the Senate
agree to the same.
Amendment numbered 151:
That the House recede from its disagreement for the
amendment of the Senate numbered 151, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert: :
Provided further, That employment at the Center shall not
exceed 550 full time equivalent staff years in fiscal year
1995; and the Senate agree to the same.
Amendment numbered 154:
That the House recede from its disagreement to the
amendment of the Senate numbered 154, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
Sec. 314. None of the funds in this Act shall be used to
implement section 404 of title 23, United States Code.
Sec. 314A. for the purpose of carrying out a demonstration
of the construction of highways in high priority corridors,
authorized by section 1105(f) of Public Law 102-240, there is
hereby appropriated $6,000,000 for the Secretary to enter
into an agreement to make a loan or loans not to exceed
$40,000,000 to the public entity or entities with the
statutory duty to construct such facilities: Provided, That
such loan or loans shall be repaid by direct repayment no
later than the fifth Federal fiscal year following the year
in which a loan was made. Funds made available by this
section shall not be subject to any limitation.
And the Senate agree to the same.
Amendment numbered 157:
That the House recede from its disagreement to the
amendment of the Senate numbered 157, and agree to the same
with an amendment, as follows;
Restore the matter stricken by said amendment and insert
the matter proposed by said amendment, amended as follows:
In lieu of the second ``Sec. 324.'' proposed in said
amendment, insert: Sec. 3224A.; and the Senate agree to the
same.
Amendment numbered 159:
That the House recede from its disagreement to the
amendment of the Senate numbered 159, and agree to the same
with an amendment, as follows;
In lieu of the matter stricken and inserted by said
amendment, insert:
Sec. 327. None of the funds made available by this Act may
be obligated or expended to design, construct, erect, modify
or otherwise place any sign in any State relating to any
speed limit, distance, or other measurement on any highway if
such sign establishes such speed limit, distance, or other
measurement using the metric system.
Sec. 327A. Notwithstanding any other provisions of law,
tolls collected for motor vehicles on any bridge connecting
the boroughs of Brooklyn, New York, and Staten Island, New
York, shall continue to be collected for only those vehicles
existing from such bridge in Staten Island.
And the Senate agree to the same.
Amendment numbered 160:
The the House recede from its disagreement to the amendment
of the Senate numbered 160, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
Sec. 329. None of the funds in this Act may be used to
compensate in excess of 335 technical staff years under the
federally-funded research and development center contract
between the Federal Aviation Administration and the Center
for Advanced Aviation Systems Development during fiscal year
1995.
Sec. 329A. The Secretary of Transportation may enter into
grants, cooperative agreements, and other transactions with
any person, agency, or instrumentality of the United States,
any unit of State or local government, any educational
institution, and any other entity in execution of the
Technology Reinvestment Project authorized under the Defense
Conversion, Reinvestment and Transition Assistance Act of
1992 and related legislation: Provided, That the authority
provided in this section may be exercised without regard to
section 3324 of title 31, United States Code.
And the Senate agree to the same.
Amendment numbered 161:
That the House recede from its disagreement to the
amendment of the Senate numbered 161, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$7,000,000; and the Senate agree to the same.
Amendment numbered 162:
That the House recede from its disagreement to the
amendment of the Senate numbered 162, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$93,000,000; and the Senate agree to the same.
Amendment numbered 163:
That the House recede from its disagreement to the
amendment of the Senate numbered 163, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$5,590,000; and the Senate agree to the same.
Amendment numbered 164:
That the House recede from its disagreement to the
amendment of the Senate numbered 164, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed in said amendment insert:
$25,922,000; and the Senate agree to the same.
Amendment numbered 165:
That the House recede from its disagreement to the
amendment of the Senate numbered 165, and agree to the same
with an amendment, as follows:
I lieu of the matter stricken and inserted by said
amendment, insert:
Sec. 332. Section 127(a) of title 23, United States Code,
is amended by adding at the end the following: ``With respect
to the State of Maryland, laws and regulations in effect on
June 1, 1993, shall be applicable for the purposes of this
subsection.''.
Sec. 332A. The Federal Aviation Administration is directed
to install a Terminal Doppler Weather Radar at Charlotte,
North Carolina in fiscal year 1995, and to commission that
radar no later than December 31, 1995.
And the Senate agree to the same.
Amendment numbered 169:
That the House recede from its disagreement to the
amendment of the Senate numbered 169, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment and insert
the matter proposed by said amendment, amended to read as
follows:
Sec. 335A. Section 5302(a)(1) of title 49, United States
Code, is amended by inserting ``payments for the capital
portions of rail trackage rights agreements,'' after
``rights-of-way,''.
And the Senate agree to the same.
Amendment numbered 170:
That the House recede from its disagreement to the
amendment of the Senate numbered 170, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
Sec. 337. In addition to amounts otherwise provided by this
Act, $2,900,000 shall be available for ``Interstate Commerce
Commission, Salaries and Expenses'' for the discharge of
liabilities, including severance pay, under title 5 of the
United States Code to employees separated from the Interstate
Commerce Commission on or after October 1, 1994.
And the Senate agree to the same.
Amendment numbered 172:
That the House recede from its disagreement to the
amendment of the Senate numbered 172, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
Sec. 340. The unspent balance of funds previously
appropriated for the Meadowbrook Parkway project shall be
available for the Loop Parkway Bridge rehabilitation project.
And the Senate agree to the same.
Amendment numbered 173:
That the House recede from its disagreement to the
amendment of the Senate numbered 173, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
Sec. 341. Amounts not to exceed $3,000,000 available in the
obligation guarantee fund established under section 511 of
the Railroad Revitalization and Regulatory Reform Act of 1976
(Public Law 94-210), as amended, and received from the
Delaware and Hudson Railroad, shall be transferred to the
Federal Railroad Administration, ``Office of the
administrator'' for necessary expenses of the Federal
Railroad Administration.
And the Senate agree to the same.
Amendment numbered 175:
That the House recede from its disagreement to the
amendment of the Senate numbered 175, and agree to the same
with an amendment, as follows:
Delete the matter proposed by said amendment, and on page
16, line 21 of the House engrossed bill, H.R. 4556, insert or
as specified in authorizing legislation, after percent; and
the Senate agree to the same.
[[Page 2045]]
Amendment numbered 176:
That the House recede from its disagreement to the
amendment of the Senate numbered 176, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
Sec. 343. Section 30308(a) of title 49, United States Code,
is amended by inserting after ``1994'' ``and $2,550,000 for
fiscal year 1995''.
And the Senate agree to the same.
Amendment numbered 177:
That the House recede from its disagreement to the
amendment of the Senate numbered 177, and agree to the same
with an amendment, as follows:
In lieu of the section designation of said amendment,
insert: Sec. 344. ; and the Senate agree to the same.
Amendment numbered 178:
That the House recede from its disagreement to the
amendment of the Senate numbered 178, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
Sec. 345 None of the funds appropriated by this Act may be
used for planning, engineering, design, or construction of a
sixth runway at the new Denver International Airport, Denver
Colorado: Provided, That this provision shall not apply in
any case where the Administrator of the Federal Aviation
Administration determines, in writing, that safety conditions
warrant obligation of such funds.
And the Senate agree to the same.
Amendment numbered 179:
That the House recede from its disagreement to the
amendment of the Senate numbered 179, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
Sec. 346. (a) Uniform HOV--2 Demonstration Project on I-66
in Virginia--Notwithstanding any other law or any prior
decision of the Secretary of Transportation, the Governor of
Virginia shall have the authority to carry out a 1-year
demonstration project on Interstate Highway 66 (I-66) inside
the Capital Beltway, to determine the impact of applying a
uniform high-occupancy vehicle restriction to the portion of
I-66 that is between the District of Columbia and Interstate
Highway 495 (I-495) and the portion of I-66 that is west of
I-495.
(b) Project Requirements--
(1) Uniform HOV Restriction--Except as provided in
paragraph (2), under the demonstration project established
under this section, the uniform high-occupancy vehicle
restriction applied to the two portions of I-66 described in
subsection (a) shall be vehicles carrying two or more
persons.
(2) Authority of Governor of Virginia--During the 1-year
demonstration period under this section, the Governor of
Virginia shall retain the flexibility to return the high-
occupancy vehicle restriction applicable to the portion of I-
66 that is between the District of Columbia and I-495 to
vehicles carrying three or more persons, or to make any other
revisions in the demonstration project that the Governor
determines are necessary.
(3) Approval--The 1-year demonstration shall begin after
approval by the Virginia delegation of the National Capital
Region Transportation Planning Board, based on a one-member,
one-vote process with the allowance for authorized alternates
if necessary and inclusion of the general manager of the
Washington Metropolitan Area Transit Authority, but not
before January 1, 1995.
(c) Study and Report--If the Governor of Virginia makes use
of the authority granted in subsection (a), the Governor
shall--
(1) consult with interested parties to develop level of
service standards, enforcement standards and assessment
criteria;
(2) carry out an assessment of the effects of the uniform
high-occupancy vehicle restriction under the demonstration
project established under this section;
(3) carry out a study and assessment of the enforcement of
the modified high-occupancy vehicle restriction under the
demonstration project established under this section;
(4) within 6 months from beginning the demonstration
project provide an interim assessment of the effects of the
demonstration project to interested parties;
(5) upon completion of the assessment, submit to the
Congress and to the Secretary of Transportation a report
setting forth the results of the assessment and the
demonstration project.
(d) Uniform HOV-2 Restriction--Upon completion of the
assessment described in subsection (c), the Governor of
Virginia shall have the authority to apply a uniform HOV-2
restriction to Interstate 66 on a permanent basis following
the formal approval process.
And the Senate agree to the same.
Amendment numbered 180:
That the House recede from its disagreement to the
amendment of the Senate numbered 180, and agree to the same
with an amendment, as follows:
In lieu of the section designation of said amendment,
insert: Sec. 347.; and the Senate agree to the same.
Bob Carr,
Richard J. Durbin,
Martin Olav Sabo,
David E. Price,
Ronald D. Coleman,
Thomas M. Foglietta,
Dave Obey,
Frank R. Wolf
(except amendment 66, corridor H),
Tom DeLay
(except amendment 66, corridor H),
Ralph Regula,
Joseph M. McDade,
Managers on the Part of the House.
Frank R. Lautenberg,
Robert C. Byrd,
Tom Harkin,
Jim Sasser,
Barbara A. Mikulski,
Alfonse M. D'Amato,
Pete V. Domenici,
Mark O. Hatfield,
Arlen Specter,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
On motion of Mr. CARR, the previous question was ordered on the
conference report to its adoption or rejection and, under the operation
thereof, the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 115.7 providing for the consideration of h.r. 4779
Mr. BONIOR, by direction of the Committee on Rules, called up the
following resolution (H. Res. 551):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 4779) to amend the Solid Waste Disposal Act to
authorize local governments and Governors to restrict receipt
of out-of-State municipal solid waste, and for other
purposes. The first reading of the bill shall be dispensed
with. General debate shall be confined to the bill and shall
not exceed one hour equally divided and controlled by the
chairman and ranking minority member of the Committee on
Energy and Commerce. After general debate the bill shall be
considered for amendment under the five-minute rule for a
period not to exceed four hours (excluding time consumed by
recorded votes and proceedings incidental thereto). It shall
be in order to consider as an original bill for the purpose
of amendment under the five-minute rule the amendment in the
nature of a substitute recommended by the Committee on Energy
and Commerce now printed in the bill. Each section of the
committee amendment in the nature of a substitute shall be
considered as read. Any amendment offered by the chairman of
the Committee on Energy and Commerce or his designee may
amend portions of the bill not yet read for amendment. At the
conclusion of consideration of the bill for amendment the
Committee shall rise and report the bill to the House with
such amendments as may have been adopted. Any Member may
demand a separate vote in the House on any amendment adopted
in the Committee of the Whole to the bill or to the committee
amendment in the nature of a substitute. The previous
question shall be considered as ordered on the bill and
amendments thereof to final passage without intervening
motion except one motion to recommit with or without
instructions.
When said resolution was considered.
After debate,
On motion of Mr. BONIOR, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 115.8 state and local government interstate waste control
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to House Resolution
551 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the consideration of the
bill (H.R. 4779) to amend the Solid Waste Disposal Act to authorize
local governments and Governors to restrict receipt of out-of-State
municipal solid waste, and for other purposes.
The SPEAKER pro tempore, Mr. MONTGOMERY, by unanimous consent,
designated Mr. PRICE as Chairman of the Committee of the Whole; and
after some time spent therein,
The SPEAKER pro tempore, Mr. DeFAZIO assumed the Chair.
When Mr. SAWYER, Acting Chairman, pursuant to House Resolution 551,
reported the bill back to the House with an amendment adopted by the
Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State and Local Government
Interstate Waste Control Act of 1994''.
[[Page 2046]]
SEC. 2. INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL
SOLID WASTE.
(a) In General.--Subtitle D of the Solid Waste Disposal Act
(42 U.S.C. 6941 et seq.) is amended by adding after section
4010 the following new section:
``SEC. 4011. INTERSTATE TRANSPORTATION AND DISPOSAL OF
MUNICIPAL SOLID WASTE.
``(a) Restriction on Receipt of Out-Of-State Waste.--
``(1) In general.--
``(A) Authorization.--A landfill or incinerator in a State
may not receive for disposal or incineration any out-of-State
municipal solid waste unless the owner or operator of such
landfill or incinerator obtains explicit authorization (as
part of a host community agreement) from the affected local
government to receive the waste.
``(B) Requirements for authorization.--An authorization
granted pursuant to subparagraph (A) shall--
``(i) be granted by formal action at a meeting;
``(ii) be recorded in writing in the official record of the
meeting; and
``(iii) remain in effect according to its terms.
``(C) Discretionary terms and conditions.--An authorization
granted pursuant to subparagraph (A) may specify terms and
conditions, including an amount of out-of-State waste that an
owner or operator may receive and the duration of the
authorization.
``(D) Notification.--Promptly, but not later than 90 days
after an authorization is granted, the affected local
government shall notify the Governor, contiguous local
governments, and any contiguous Indian tribes of an
authorization granted under this subsection.
``(2) Information.--Prior to seeking an authorization to
receive out-of-State municipal solid waste pursuant to this
subsection, the owner or operator of the facility seeking
such authorization shall provide (and make readily available
to the Governor, each contiguous local government and Indian
tribe, and any other interested person for inspection and
copying) the following information:
``(A) A brief description of the facility, including, with
respect to both the facility and any planned expansion of the
facility, the size, ultimate waste capacity, and the
anticipated monthly and yearly quantities of (expressed in
terms of volume) waste to be handled.
``(B) A map of the facility site indicating location in
relation to the local road system and topography and
hydrogeological features. The map shall indicate any buffer
zones to be acquired by the owner or operator as well as all
facility units.
``(C) A description of the then current environmental
characteristics of the site, a description of ground water
use in the area (including identification of private wells
and public drinking water sources), and a discussion of
alterations that may be necessitated by, or occur as a result
of, the facility.
``(D) A description of environmental controls typically
required to be used on the site (pursuant to permit
requirements), including run on or run off management (or
both), air pollution control devices, source separation
procedures (if any), methane monitoring and control, landfill
covers, liners or leachate collection systems, and monitoring
programs. In addition, the description shall include a
description of any waste residuals generated by the facility,
including leachate or ash, and the planned management of the
residuals.
``(E) A description of site access controls to be employed,
and roadway improvements to be made, by the owner or
operator, and an estimate of the timing and extent of
increased local truck traffic.
``(F) A list of all required Federal, State, and local
permits.
``(G) Estimates of the personnel requirements of the
facility, including information regarding the probable skill
and education levels required for jobs at the facility. To
the extent practicable, the information shall distinguish
between employment statistics for preoperational and
postoperational levels.
``(H) Any information that is required by State or Federal
law to be provided with respect to any violations of
environmental laws (including regulations) by the owner, the
operator, and any subsidiary of the owner or operator, the
disposition of enforcement proceedings taken with respect to
the violations, and corrective action and rehabilitation
measures taken as a result of the proceedings.
``(I) Any information that is required by State or Federal
law to be provided with respect to gifts and contributions
made by the owner or operator.
``(J) Any information that is required by State or Federal
law to be provided with respect to compliance by the owner or
operator with the State solid waste management plan.
``(3) Notification.--Prior to taking formal action with
respect to granting authorization to receive out-of-State
municipal solid waste pursuant to this subsection, an
affected local government shall--
``(A) notify the Governor, contiguous local governments,
and any contiguous Indian tribes;
``(B) publish notice of the action in a newspaper of
general circulation at least 30 days before holding a hearing
and again at least 15 days before holding the hearing, except
where State law provides for an alternate form of public
notification; and
``(C) provide an opportunity for public comment in
accordance with State law, including at least 1 public
hearing.
``(b) Authorization Not Required for Certain Facilities.--
``(1) In general.--A landfill or incinerator may receive
for disposal or incineration out-of-State municipal solid
waste in the absence of an authorization under subsection (a)
if each of the following requirements are met:
``(A) The owner or operator shall provide either of the
following to the Governor of the State in which the landfill
or incinerator is located and to the affected local
government:
``(i) Information establishing that, before the date of the
enactment of this section, the owner or operator of the
landfill or incinerator has entered into a host community
agreement or received a State permit, specifically
authorizing the owner or operator to accept, at the landfill
or incinerator, out-of-State municipal solid waste. This
clause shall be effective only if the owner or operator
complies with all of the terms and conditions of the host
community agreement or permit and, in the case of a permit,
notifies the affected local government of the permit, as soon
as practicable but not later than 90 days after the date of
enactment of this section.
``(ii) Information establishing that during 1993, the
landfill or incinerator received shipments of out-of-State
municipal solid waste. Such information shall be in such
documented form as will result in criminal penalties under
State law in case of false or misleading information. Such
information shall include information about the date of
shipment, place of origin of the waste, and the type of
waste.
``(B) In the case of a landfill or incinerator in operation
on the date of the enactment of this section, the landfill or
incinerator must be in compliance as of such date with
applicable Federal and State environmental laws (including
regulations), including, in the case of landfills, applicable
laws and regulations relating to design and location
standards, leachate collection, ground water monitoring, and
financial assurance for closure and post-closure care and
corrective action.
``(2) Amount received under paragraph (1)(A)(ii).--
``(A) States not exercising ratchet authority under
(c)(5).--
``(i) Facilities covered.--This subparagraph shall cover
only landfills and incinerators in States which do not
establish a limit on out-of-State municipal solid waste under
subsection (c)(5).
``(ii) Waste under contract.--For any landfill or
incinerator covered by this subparagraph and authorized to
receive out-of-State municipal solid waste pursuant to
paragraph (1)(A)(ii), if out-of-State municipal solid waste
was received at such landfill or incinerator during 1993
under a contract, paragraph (1)(A)(ii) shall apply to the
amount of out-of-State municipal solid waste specified in the
contract for the longer of the following periods:
``(I) The life of the contract.
``(II) The period ending 6 years after the enactment of
this section.
For purposes of subclause (I), the term `life of the
contract' shall not include any renewal, novation, or other
extension thereof (as determined under State law).
``(iii) Spot waste.--For a landfill or incinerator covered
by this subparagraph and authorized to receive out-of-State
municipal solid waste pursuant to paragraph (1)(A)(ii), if
out-of-State municipal solid waste was received at such
landfill or incinerator during 1993 in the absence of a
contract, paragraph (1)(A)(ii) shall apply to the receipt of
out-of-State municipal solid waste for a period ending 3
years after the enactment of this section.
``(iv) Contract and spot waste.--For any landfill or
incinerator covered by this subparagraph and authorized to
receive out-of-State municipal solid waste pursuant to
paragraph (1)(A)(ii), if out-of-State municipal solid waste
was received at such landfill or incinerator during 1993 both
under a contract and otherwise, clause (ii) shall apply with
respect to the waste received under the contract and clause
(iii) shall apply to the other municipal solid waste received
at the landfill or incinerator.
``(B) States exercising ratchet authority under (c)(5).--
``(i) Facilities covered.--This subparagraph shall cover
only landfills and incinerators in States which establish a
limit on out-of-State municipal solid waste under subsection
(c)(5).
``(ii) Waste under contract.--For any landfill or
incinerator covered by this subparagraph and authorized to
receive out-of-State municipal solid waste pursuant to
paragraph (1)(A)(ii), if out-of-State municipal solid waste
was received at such landfill or incinerator during 1993
under a contract, paragraph (1)(A)(ii) shall apply to the
amount of out-of-State municipal solid waste specified in the
contract for the longer of the following periods:
``(I) The life of the contract.
``(II) The period ending January 1, 2000.
For purposes of subclause (I), the term `life of the
contract' shall not include any renewal, novation, or other
extension thereof (as determined under State law).
``(iii) Spot waste.--For a landfill or incinerator covered
by this subparagraph and authorized to receive out-of-State
municipal solid waste pursuant to paragraph (1)(A)(ii), if
out-of-State municipal solid waste was received at such
landfill or incinerator during 1993 in the absence of a
contract, paragraph (1)(A)(ii) shall apply to the receipt of
out-of-
[[Page 2047]]
State municipal solid waste for a period ending January 1,
2000.
``(iv) Contract and spot waste.--For any landfill or
incinerator covered by this subparagraph and authorized to
receive out-of-State municipal solid waste pursuant to
paragraph (1)(A)(ii), if out-of-State municipal solid waste
was received at such landfill or incinerator during 1993 both
under a contract and otherwise, clause (ii) shall apply with
respect to the waste received under the contract and clause
(iii) shall apply to the other municipal solid waste received
at the landfill or incinerator.
``(3) Availability of documentation.--The owner or operator
of a landfill or incinerator which is exempt under paragraph
(1) of this subsection from the requirements of subsection
(a) shall provide to the State and affected local government,
and make available for inspection by the public in the
affected local community, a copy of the host community
agreement or other documentation required under paragraph
(1). The owner or operator may omit any proprietary
information contained in the contracts, but shall ensure that
at least the following information is apparent: the volume of
out-of-State municipal solid waste to be received, the source
of the waste, and the duration of the contract.
``(4) Denied or revoked permits.--A landfill or incinerator
may not receive for disposal or incineration out-of-State
municipal solid waste in the absence of a host community
agreement if the operating permit or license for the landfill
or incinerator (or renewal thereof) was denied or revoked by
the appropriate State agency before the date of enactment of
this section unless such permit or license (or renewal) has
been reinstated as of such date of enactment.
``(5) Waste within bi-state metropolitan statistical
areas.--The owner or operator of a landfill or incinerator in
a State may receive out-of-State municipal solid waste
without obtaining authorization under subsection (a) from the
affected local government if the out-of-State waste is
generated within, and the landfill or incinerator is located
within, the same bi-State level A metropolitan statistical
area (as defined by the Office of Management and Budget and
as listed by the Office of Management and Budget as of the
date of enactment of this section) which contains two
contiguous major cities each of which is in a different
State.
``(c) Authority of State To Restrict Out-of-State Municipal
Solid Waste.--
``(1) Limitations on amount of waste received.--
``(A) Limit for all facilities in the state.--A State may
limit the amount of out-of-State municipal solid waste
received annually for disposal at each landfill or
incinerator in the State to the limitation amount described
in paragraph (2), except as provided in this subsection. No
such limit may conflict--
``(i) with provisions of a permit specifically authorizing
the owner or operator to accept, at the facility, out-of-
State municipal solid waste, or
``(ii) with a host community agreement entered into between
the owner or operator of any such landfill or incinerator and
the affected local government.
``(B) Conflict.--A limit referred to in subparagraph (A)
shall be treated as conflicting with a permit or host
community agreement if--
``(i) the permit or host community agreement establishes a
higher limit, or
``(ii) the permit or host community agreement does not
establish any limit,
on the amount of out-of-State municipal solid waste which may
be received annually at the facility.
``(C) Limit for particular facilities.--At the request of
an affected local government that has not executed a host
community agreement, the State may limit the amount of out-
of-State municipal solid waste received annually for disposal
at the landfill or incinerator concerned to the limitation
amount described in paragraph (2). No such limit may conflict
with provisions of a permit specifically authorizing the
owner or operator to accept, at the facility, out-of-State
municipal solid waste.
``(D) Effect on other laws.--Nothing in this subsection
shall be interpreted or construed to have any effect on any
State law relating to contracts.
``(2) Limitation amount.--For any landfill or incinerator
that commenced receiving documented out-of-State municipal
solid waste before the date of enactment of this section, the
limitation amount referred to in paragraph (1) for any year
shall be equal to the amount of out-of-State municipal solid
waste received for disposal at the landfill or incinerator
concerned during calendar year 1993. The documentation
referred to in this subparagraph shall be such as would
result in criminal penalties in case of false or misleading
information. Such documentation shall include the amount of
waste received, place of origin, including the identity of
the generator, date of shipment, and type of waste.
``(3) Other limitation amount.--(A) Except as provided in
subparagraph (B), the limitation amount referred to in
paragraph (1) shall be zero for a landfill or incinerator
authorized to receive out-of-State municipal solid waste
solely by reason of receipt in calendar year 1993 of
municipal solid waste that was not received under contract or
otherwise authorized under this section.
``(B) The limitation amount of zero referred to in
subparagraph (A) shall not be applicable to receipt of any
out-of-State municipal solid waste by the landfill or
incinerator if the owner or operator, on the date of
enactment of this section, owned the land on which the
facility that received such waste is located.
``(4) No discrimination.--In establishing a limitation
under this subsection, a State shall act in a consistent
manner that does not discriminate against any shipments of
out-of-State municipal solid waste on the basis of State of
origin.
``(5) Additional limit for municipal waste.--(A) Any State
(hereinafter in this paragraph referred to as an `importing
State') that imported more than 750,000 tons of out-of-State
municipal solid waste in 1993 may establish a limit under
this paragraph on the amount of out-of-State municipal solid
waste received pursuant to the authority of subsection
(b)(1)(A)(ii) for disposal at landfills and incinerators in
the importing State. A limit under this paragraph shall be in
addition to, or in lieu of, any other limit imposed under
this subsection. A limit under this paragraph may be imposed
only if each of the following requirements are met:
``(i) The limit shall not conflict (within the meaning of
paragraph (1)(B)) with any permit or host community agreement
authorizing the receipt of out-of-State municipal solid
waste.
``(ii) The importing State shall notify the Governor of the
exporting State or States of the proposed limit at least 12
months before imposition of the limit.
``(iii) The importing State shall notify the Governor of
the exporting State or States of the proposed limit at least
90 days before enforcement of the limit.
``(iv) The percentage reduction in the amount of out-of-
State municipal solid waste which is received at each
facility in the importing State at which a limit may be
established under this paragraph shall be uniform for all
such facilities.
``(B) The limit established under this paragraph shall be a
percentage of the amount of out-of-State municipal solid
waste generated in the exporting State during calendar year
1993 and received at facilities in the importing State in
which a limit is established under this paragraph. For any
calendar year after 1994, the percentage shall be as
specified in the following table:
Applicable
``Calendar year: Percentage:
1996........................................................85 ....
1997........................................................75 ....
1998........................................................65 ....
1999........................................................55 ....
after 1999..................................................50. ....
``(d) Needs Determination.--Any comprehensive solid waste
management plan approved under Federal or State law and any
implementation of such plan through the State permitting
process may take into account local and regional needs for
solid waste disposal capacity. An affected local government
may make a determination that there is no local or regional
need for a new landfill or incinerator or major modification
to an existing facility in the area under the jurisdiction of
the affected local government. Such determination shall be
based on a finding that the proposed facility does not have a
host community agreement or is inconsistent with the capacity
needs established in the comprehensive solid waste management
plan adopted by the affected local government pursuant to
State law. No comprehensive solid waste management plan may
expressly prohibit the importation of municipal solid waste
from out of State.
``(e) Implementation and Enforcement.--Any State may adopt
such laws and regulations, not inconsistent with this
section, as are necessary to implement and enforce this
section, including provisions for penalties.
``(f) Effect on Interstate Commerce.--No State limitation
established as provided in subsection (c), no State planning
and permitting process referred to in subsection (d), and no
State law or regulation referred to in subsection (e) shall
be considered to impose an undue burden on interstate
commerce or to otherwise impair, restrain, or discriminate
against interstate commerce.
``(g) Annual State Report.--Each year the owner or operator
of each landfill or incinerator receiving out-of-State
municipal solid waste shall submit to the Governor of the
State in which the landfill or incinerator is located
information specifying the amount of out-of-State municipal
solid waste received for disposal during the preceding year.
Each year each such State shall publish and make available to
the public, a report containing information on the amount of
out-of-State municipal solid waste received for disposal in
the State during the preceding year.
``(h) Definitions.--For purposes of this section:
``(1) Affected local government.--(A) For any landfill or
incinerator, the term `affected local government' shall
mean--
``(i) the public body authorized by State law to plan for
the management of municipal solid waste, a majority of the
members of which are elected officials, for the area in which
the landfill or incinerator is located or proposed to be
located, or
``(ii) if there is no such body created by State law, the
elected officials of the city, town, township, borough,
county, or parish exercising primary responsibility for the
use of land on which the facility is located or proposed to
be located,
except that for purposes of host community agreements entered
into before the date of
[[Page 2048]]
enactment of this section, the term shall mean either the
public body described in subparagraph (A) or the elected
officials of the city, town, township, borough, county, or
parish exercising primary responsibility for the use of land
on which the facility is located or proposed to be located.
No host community agreement that is entered into by the
elected officials described in clause (ii) may be overturned
by an act of a public body described in clause (i) of such
body is created by State law after the execution of such host
community agreement.
``(B) Two or more Governors of adjoining States may use the
authority provided in section 1005(b) to enter into an
agreement under which contiguous units of local government
located in each of the adjoining States may act jointly as
the affected local government for purposes of providing
authorization under subsection (a) for municipal solid waste
generated in one of such counties and received for disposal
or incineration in another.
``(2) Host community agreement.--The term `host community
agreement' means a written, legally binding agreement,
lawfully entered into between an owner or operator of a
landfill or incinerator and an affected local government that
specifically authorizes the landfill or incinerator to
receive out-of-State municipal solid waste.
``(3) Municipal solid waste.--The term `municipal solid
waste' means all waste materials discarded for disposal by
households, including single and multifamily residences, and
hotels and motels. The term also includes waste materials
generated by commercial, institutional, and industrial
sources, to the extent such wastes are essentially the same
as waste normally generated by households or were collected
and disposed of with other municipal solid waste as part of
normal municipal solid waste collection services, and
regardless of when generated, would be considered
conditionally exempt small quantity generator waste under
section 3001(d). Examples of municipal solid waste include
food and yard waste, paper, clothing, appliances, consumer
product packaging, disposable diapers, office supplies,
cosmetics, glass and metal food containers, elementary or
secondary school science laboratory waste, and household
hazardous waste. Such term shall include debris resulting
from construction, remodeling, repair, or demolition of
structures other than debris that is not otherwise commingled
with other municipal solid waste and has been determined by
the generator, to be contaminated. For purposes of
determining whether any such debris is contaminated, the
generator shall conduct representative sampling and analysis
of such debris, the results of which shall be submitted to
the affected local government for record keeping purposes
only, unless not required by the affected local government.
Any such debris that has been determined to be contaminated
shall be disposed of in a landfill that meets, at a minimum,
the requirements of this subtitle. The term does not include
any of the following:
``(A) Any solid waste identified or listed as a hazardous
waste under section 3001.
``(B) Any solid waste, including contaminated soil and
debris, resulting from--
``(i) a response action taken under section 104 or 106 of
the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9604 or 9606),
``(ii) a response action taken under a State law with
authorities comparable to the authorities of section 104 or
106, or
``(iii) a corrective action taken under this Act.
``(C) Recyclable materials that have been separated, at the
source of the waste, from waste otherwise destined for
disposal or that have been managed separately from waste
destined for disposal.
``(D) Materials and products returned from a dispenser or
distributor to the manufacturer or an agent of the
manufacturer for credit, evaluation, and possible reuse.
``(E) Any solid waste that is--
``(i) generated by an industrial facility; and
``(ii) transported for the purpose of treatment, storage,
or disposal to a facility that is owned or operated by the
generator of the waste, or is located on property owned by
the generator of a company with which the generator is
affiliated.
``(F) Any medical waste that is segregated from or not
mixed with solid waste.
``(G) Sewage sludge and residuals from any sewage treatment
plant, including any sewage treatment plant required to be
constructed in the State of Massachusetts pursuant to any
court order issued against the Massachusetts Water Resources
Authority.
``(H) Combustion ash generated by resource recovery
facilities or municipal incinerators, or waste from
manufacturing or processing (including pollution control)
operations not essentially the same as waste normally
generated by households.
``(4) Out-of-state municipal solid waste.--The term `out-
of-State municipal solid waste', means, with respect to any
State, municipal solid waste generated outside of the State.
The term includes municipal solid waste generated outside of
the United States.
``(5) Specific authorization.--For purposes of this
section, the term `specifically authorizes' refers to an
explicit authorization, contained in a host community
agreement or permit, to import waste from outside the State.
Such authorization may include a reference to a fixed radius
surrounding the landfill or incinerator which includes an
area outside the State or a reference to `any place of
origin', reference to specific places outside the State, or
use of such phrases as `regardless of origin' or `outside the
State'. The language for such authorization may vary as long
as it clearly and affirmatively states the approval or
consent of the affected local government or State for receipt
of municipal solid waste from sources or locations outside
the State from which the owner or operator of a landfill or
incinerator proposes to import it. The authorization shall
not include general references to the receipt of waste
outside the jurisdiction of the affected local government.
``(i) Cost Recovery Surcharge.--
``(1) Authority.--A State may impose and collect a cost
recovery surcharge on the combustion or disposal in a
landfill or incinerator of out-of-State municipal solid waste
in such State.
``(2) Limitation.--During the period beginning on the date
of the enactment of this section and ending on December 31,
1996, a State may not impose or collect a cost recovery
surcharge from a facility on any out-of-State municipal solid
waste that meets both of the following conditions:
``(A) The waste is being received at the facility under one
or more contracts entered into before the date of the
enactment of this section.
``(B) The amount of waste being received in a calendar year
under the contract or contracts does not exceed the amount of
waste received at the facility during calendar year 1993.
``(3) Amount of surcharge.--The amount of the cost recovery
surcharge may be no greater than the amount necessary to
recover those costs determined in conformance with paragraph
(5) and in no event may exceed $2 per ton of waste.
``(4) Use of surcharge collected.--All cost recovery
surcharges collected by a State shall be used to fund those
solid waste management programs administered by the State or
its political subdivisions that incur costs for which the
surcharge is collected.
``(5) Conditions.--(A) Subject to subparagraphs (B) and
(C), a State may impose and collect a cost recovery surcharge
on the combustion or disposal within the State of out-of-
State municipal solid waste if--
``(i) the State demonstrates a cost to the State arising
from the combustion or disposal within the State of a volume
of municipal solid waste from a source outside the State;
``(ii) the surcharge is based on those costs to the State
demonstrated under subparagraph (A) that, if not paid for
through the surcharge, would otherwise have to be paid or
subsidized by the State; and
``(iii) the surcharge is compensatory and is not
discriminatory.
``(B) In no event shall a cost recovery surcharge be
imposed by a State to the extent that the cost for which
recovery is sought is otherwise recovered by any other fee or
tax assessed against the generation, transportation,
treatment, combustion, or disposal of solid waste.
``(C) The grant of a subsidy by a State with respect to
entities disposing of waste generated within the State does
not constitute discrimination for purposes of subparagraph
(A)(iii).
``(6) Burden of proof.--In any proceeding in which a State
invokes this subsection to justify a cost recovery surcharge
on the combustion or disposal within the State of out-of-
State municipal solid waste, the State shall bear the burden
of establishing that the cost recovery surcharge satisfies
the conditions set forth in paragraph (5).''.
(b) Table of Contents Amendment.--The table of contents of
the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is
amended by adding after the item relating to section 4010 the
following new item:
``Sec. 4011. Interstate transportation and disposal of municipal solid
waste.''.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. DeFAZIO, announced that the yeas had it.
Mr. BOUCHER objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
368
When there appeared
<3-line {>
Nays
55
Para. 115.9 [Roll No. 443]
YEAS--368
Abercrombie
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Bacchus (FL)
Bachus (AL)
Baesler
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
[[Page 2049]]
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Foglietta
Ford (MI)
Ford (TN)
Fowler
Franks (CT)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hoagland
Hobson
Hoekstra
Hoke
Holden
Horn
Hoyer
Huffington
Hunter
Hutchinson
Hutto
Inglis
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Leach
Lehman
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Long
Lucas
Machtley
Mann
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McInnis
McKeon
McKinney
Meehan
Meek
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Parker
Pastor
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Rahall
Ramstad
Ravenel
Reed
Regula
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Schaefer
Schenk
Schiff
Schroeder
Scott
Sensenbrenner
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (IA)
Smith (MI)
Smith (OR)
Smith (TX)
Snowe
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Traficant
Tucker
Unsoeld
Upton
Valentine
Vento
Visclosky
Volkmer
Vucanovich
Walker
Waters
Watt
Waxman
Weldon
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
NAYS--55
Ackerman
Armey
Baker (CA)
Boehlert
Coleman
Crane
Engel
Ewing
Fawell
Fish
Flake
Frank (MA)
Franks (NJ)
Gilman
Hastert
Hinchey
Hochbrueckner
Houghton
Hughes
Hyde
King
Klein
LaFalce
Lazio
Levy
Lowey
Maloney
Manton
Manzullo
McHugh
Menendez
Molinari
Nadler
Owens
Pallone
Paxon
Payne (NJ)
Quinn
Rangel
Reynolds
Rostenkowski
Roukema
Royce
Saxton
Schumer
Serrano
Slaughter
Smith (NJ)
Solomon
Torricelli
Towns
Velazquez
Walsh
Zeliff
Zimmer
NOT VOTING--11
Gallo
Inhofe
Lewis (FL)
Lloyd
McMillan
McNulty
Pelosi
Slattery
Sundquist
Washington
Wheat
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 115.10 h.r. 4476--unfinished business
The SPEAKER pro tempore, Mr. DeFAZIO, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and pass the bill (H.R. 4476) to provide for the development of a plan
and a management review of the National Park System and to reform the
process by which areas are considered for addition to the National Park
System, and for other purposes; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
421
<3-line {>
affirmative
Nays
0
Para. 115.11 [Roll No. 444]
YEAS--421
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inslee
Istook
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
[[Page 2050]]
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--13
Gallo
Hayes
Houghton
Inhofe
Johnson (CT)
Lloyd
Markey
McMillan
McNulty
Slattery
Sundquist
Washington
Wheat
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 115.12 further message from the senate
A further message from the Senate by Mr. Hallen, one of its clerks,
announced that the Senate agreed to the report of the committee of
conference on the disagreeing votes of the two Houses on the amendments
of the Senate to the bill (H.R. 4539) ``An Act making appropriations for
the Treasury Department, the United States Postal Service, the Executive
Office of the President, and certain Independent Agencies, for the
fiscal year ending September 30, 1995, and for other purposes.''
The message also announced that the Senate agreed to the report of the
committee of conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 4602) ``An Act making
appropriations for the Department of the Interior and related agencies
for the fiscal year ending September 30, 1995, and for other purposes.''
The message also announced that the Senate agreed to the report of the
committee of conference on the disagreeing votes of the two Houses on
the amendments of the Senate to the bill (H.R. 4606) ``An Act making
appropriations for the Departments of Labor, Health and Human Services,
and Education, and related agencies, for the fiscal year ending
September 30, 1995, and for other purposes.''
The message also announced that the Senate agreed to the amendments of
the House to the amendments of the Senate numbered 18, 26, 33, 35, 38,
51, 53, 54, 56, 63, 69, 70, 71, 73, 74, 81, 83, 86, 87, 88, 90, 93, 95,
96, 97, 98, 99, 100, 102, 103, 104, 107, 130, 135, 138, 139, 144, 153,
154, 155, 156, and 157, to the above-entitled bill.
The message also announced that the Senate agreed to the amendment of
the House to the amendment of the Senate numbered 148, to the above-
entitled bill.
Para. 115.13 waiving points of order against conference report on
h.r.4650
Mr. DERRICK, by direction of the Committee on Rules, reported (Rept.
No. 103-759) the resolution (H. Res. 554) waiving certain points of
order during consideration of the conference report on the bill (H.R.
4650) making appropriations for the Department of Defense for the fiscal
year ending September 30, 1995, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 115.14 providing for the consideration of h.r. 3171
Mr. DERRICK, by direction of the Committee on Rules, called up the
following resolution (H. Res. 544):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 3171) to authorize the Secretary of
Agriculture to reorganize the Department of Agriculture, and
for other purposes. The first reading of the bill shall be
dispensed with. All points of order against consideration of
the bill are waived. General debate shall be confined to the
bill and the amendments made in order by this resolution and
shall not exceed one hour equally divided and controlled by
the chairman and ranking minority member of the Committee on
Agriculture. After general debate the bill shall be
considered for amendment under the five-minute rule. It shall
be in order to consider as an original bill for the purpose
of amendment under the five-minute rule the amendment in the
nature of a substitute recommended by the Committee on
Agriculture now printed in the bill. The committee amendment
in the nature of a substitute shall be considered as read.
All points of order against the committee amendment in the
nature of a substitute are waived. At the conclusion of
consideration of the bill for amendment the Committee shall
rise and report the bill to the House with such amendments as
may have been adopted. Any Member may demand a separate vote
in the House on any amendment adopted in the Committee of the
Whole to the bill or to the committee amendment in the nature
of a substitute. The previous question shall be considered as
ordered on the bill and amendments thereto to final passage
without intervening motion except one motion to recommit with
or without instructions.
When said resolution was considered.
After debate,
On motion of Mr. DERRICK, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 115.15 department of agriculture reorganization
The SPEAKER pro tempore, Mr. PENNY, pursuant to House Resolution 544
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 3171) to authorize the Secretary of Agriculture to reorganize the
Department of Agriculture, and for other purposes.
The SPEAKER pro tempore, Mr. PENNY, by unanimous consent, designated
Mrs. KENNELLY, as Chairman of the Committee of the Whole; and after some
time spent therein,
Para. 115.16 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. ALLARD:
Strike section 202 of the bill (page 14, line 9 through
line 10, page 18) and insert the following new section:
SEC. 202. COLLOCATION OF AGENCY OFFICES.
(a) Collocation of Offices.--
(1) Collocation.--As provided in section 104 regarding
Department field offices, the Secretary shall collocate, as
soon as practicable and to the maximum extent consistent with
efficiency and effectiveness, the offices of the Department
located at county, regional, and State levels, which carry
out the functions, duties, and programs of the following
existing agencies:
(A) the Agriculture Stabilization and Conservation Service;
(B) the Soil Conservation Service;
(C) the Farmers Home Administration and the Rural
Development Administration;
(D) the Federal Crop Insurance Corporation; and
(E) such other agencies as the Secretary determines
appropriate upon subsequent notice to the Congress of such
actions.
(2) Economy of operation.--The Secretary shall implement
and maintain the collocation of the agencies and entities as
effected by this subsection by reducing to the maximum extent
administrative and overhead costs, by reducing the cost of
agency personnel, equipment, computer, and telecommunications
services through the sharing of their use and utilization,
and by otherwise reducing duplication and utilizing other
management and personnel improvement practices that will
provide the efficiency and effectiveness of the individual
and collective agencies that are collocated.
(3) Prohibition.--The Secretary shall not establish any
agency, nor shall any agency be given authority, that would
have single supervisory authority over the individual
entities or their successors to be collocated as provided for
in this subsection.
(b) Jurisdiction Over Conservation Program Appeals.--
(1) In general.--Until such time as an adverse decision
described in this paragraph is referred to the National
Appeals Division for consideration, the Agriculture
Stabilization and Conservation Service shall have initial
jurisdiction over any administrative appeal resulting from an
adverse decision made under title XII of the Food Security
Act of 1985 (16 U.S.C. 3801 et seq.), including an adverse
decision involving technical determinations made by the Soil
Conservation Service. The Agriculture Stabilization and
Conservation Service may reverse an adverse decision of the
Soil Conservation Service if the Agriculture Stabilization
and Conservation Service finds that such decision was
arbitrary and capricious.
(2) Treatment of technical determination.--With respect to
administrative appeals involving a technical determination
made by the Soil Conservation Service, the Agriculture
Stabilization and Conservation Service, by rule with the
concurrence of the Soil Conservation Service, shall establish
procedures for obtaining review by the Soil Conservation
Service of the technical deter-
[[Page 2051]]
minations involved. Such rules shall ensure that technical
criteria established by the Soil Conservation Service shall
be used by the Agriculture Stabilization Conservation Service
as the basis for any decisions regarding technical
determinations.
(3) Reinstatement of program benefits.--Rules issued to
carry out this subsection shall provide for the prompt
reinstatement of benefits to a producer who is determined in
an administrative appeal to meet the requirements of title
XII of the Food Security Act of 1985 applicable to the
producer.
(4) Definition.--For purposes of this subsection, the term
``Soil Conservation Service'' includes any successor agency
to the Soil Conservation Service.
(a) Crop Insurance.--The Federal Crop Insurance Act (7
U.S.C. 1501 et seq.) is amended in section 505(a) (7 U.S.C.
1505(a)), by striking ``the Under Secretary or Assistant
Secretary of Agriculture responsible for the farm credit
programs of the Department of Agriculture,'' and inserting
``one additional Under Secretary of Agriculture as designated
by the Secretary,''.
Page 20, beginning line 7, strike ``and in considering
administrative appeals under the jurisdiction of the
Agricultural Service Agency, as provided by section 202(c) of
the Department of Agriculture Reorganization Act of 1994''
and insert ``and in considering administrative appeals under
the jurisdiction of an agency of the Department of
Agriculture described in section 202(a)(1) of the Department
of Agriculture Reorganization Act of 1994''.
Page 30, beginning line 4, strike ``(except to the extent
those functions and duties are delegated to the Agricultural
Service Agency under section 202)'' and insert ``(except to
the extent jurisdiction over conservation program appeals are
assigned to the Agriculture Stabilization and Conservation
Service under section 202(b))''.
It was decided in the
Yeas
177
<3-line {>
negative
Nays
247
Para. 115.17 [Roll No. 445]
AYES--177
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Carr
Castle
Clinger
Coble
Collins (GA)
Combest
Cooper
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
LaFalce
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Myers
Nussle
Orton
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shepherd
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stump
Talent
Tanner
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--247
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Romero-Barcelo (PR)
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Snowe
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--15
Applegate
Brooks
Ford (MI)
Gallo
Grandy
Inhofe
Johnston
Lloyd
McNulty
Sangmeister
Slattery
Sundquist
Underwood (GU)
Washington
Wheat
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. McDERMOTT, assumed the Chair.
When Mr. MURPHY, Acting Chairman, pursuant to House Resolution 544,
reported the bill back to the House with an amendment adopted by the
Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Department
of Agriculture Reorganization Act of 1994''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Definitions.
TITLE I--GENERAL REORGANIZATION AUTHORITIES
Sec. 101. Transfer of Department functions to Secretary of Agriculture.
Sec. 102. Reductions in number of Department personnel.
Sec. 103. Combination of field offices.
Sec. 104. Improvement of information sharing.
Sec. 105. Director of External Affairs.
Sec. 106. Director for Administration.
TITLE II--FARM AND FOREIGN AGRICULTURAL SERVICES
Sec. 201. Under Secretary of Agriculture for Farm and Foreign
Agricultural Services.
Sec. 202. Agricultural Service Agency.
Sec. 203. State, county, and area committees.
TITLE III--RURAL ECONOMIC AND COMMUNITY DEVELOPMENT
Sec. 301. Under Secretary of Agriculture for Rural Economic and
Community Development.
TITLE IV--FOOD, NUTRITION, AND CONSUMER SERVICES
Sec. 401. Under Secretary of Agriculture for Food, Nutrition, and
Consumer Services.
TITLE V--NATURAL RESOURCES AND ENVIRONMENT
Sec. 501. Under Secretary of Agriculture for Natural Resources and
Environment.
TITLE VI--RESEARCH, EDUCATION, AND ECONOMICS
Sec. 601. Under Secretary of Agriculture for Research, Education, and
Economics.
TITLE VII--FOOD SAFETY
Sec. 701. Under Secretary of Agriculture for Food Safety.
TITLE VIII--NATIONAL APPEALS DIVISION
Sec. 801. Definitions.
Sec. 802. National Appeals Division and Director.
[[Page 2052]]
Sec. 803. Transfer of functions.
Sec. 804. Notice and opportunity for hearing.
Sec. 805. Informal hearings.
Sec. 806. Right of participants to Division hearing.
Sec. 807. Division hearings.
Sec. 808. Director review of determinations of hearing officers.
Sec. 809. Judicial review.
Sec. 810. Implementation of final determinations of Division.
Sec. 811. Conforming amendments relating to National Appeals Division.
Sec. 812. Expansion of issues covered by State mediation programs.
TITLE IX--MISCELLANEOUS PROVISIONS
Sec. 901. Successorship provisions relating to bargaining units and
exclusive representatives.
Sec. 902. Office of Environmental Risk Assessment.
Sec. 903. Fair and equitable treatment of socially disadvantaged
producers.
Sec. 904. Repeal of superseded provisions.
Sec. 905. Conforming amendments.
Sec. 906. Proposed conforming amendments.
Sec. 907. Purchase of American-made equipment and products.
Sec. 908. Conditions on implementation of alteration in level of
selenium allowed in animal diets.
SEC. 2. DEFINITIONS.
Except where the context requires otherwise, for purposes
of this Act:
(1) Department.--The term ``Department'' means the
Department of Agriculture.
(2) National appeals division.--The term ``National Appeals
Division'' means the National Appeals Division of the
Department established under section 802.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
TITLE I--GENERAL REORGANIZATION AUTHORITIES
SEC. 101. TRANSFER OF DEPARTMENT FUNCTIONS TO SECRETARY OF
AGRICULTURE.
(a) Transfer of Functions.--Except as provided in
subsection (b), there are hereby transferred to the Secretary
of Agriculture all functions of all agencies, offices,
officers, and employees of the Department that are not
already vested in the Secretary as of the date of the
enactment of this Act.
(b) Exceptions.--Subsection (a) shall not apply to the
following functions:
(1) Functions vested by subchapter II of chapter 5 of title
5, United States Code, in administrative law judges employed
by the Department.
(2) Functions vested by the Inspector General Act of 1978
(5 U.S.C. App.) in the Inspector General of the Department.
(3) Functions vested by chapter 9 of title 31, United
States Code, in the Chief Financial Officer of the
Department.
(4) Functions vested in the corporations of the Department
or the boards of directors and officers of such corporations.
(5) Functions vested in the Alternative Agricultural
Research and Commercialization Board by the Alternative
Agricultural Research and Commercialization Act of 1990 (7
U.S.C. 5901 et seq.).
(6) Functions vested in the advisory board of the Commodity
Credit Corporation established by section 9(b) of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714g(b)).
(c) Delegation of Authority.--
(1) Delegation authorized.--Subject to paragraph (2), the
Secretary may delegate to any agency, office, officer, or
employee of the Department the authority to perform any
function transferred to the Secretary under subsection (a) or
any other function vested in the Secretary as of the date of
the enactment of this Act.
(2) Exception.--The delegation authority provided by
paragraph (1) shall be subject to--
(A) sections 105(b)(1), 106(b)(1), 201(b)(1), 202(b)(1),
301(b)(1), 401(b)(1), 501(b)(1), 601(b)(1), 601(c)(2),
701(b)(1), 803, and 904 of this Act;
(B) sections 502 and 503 of the Agricultural Trade Act of
1978 (7 U.S.C. 5692 and 5693); and
(C) section 8(b)(5) of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590h(b)(5)), as amended by section
203(a) of this Act.
(d) Cost-Benefit Analysis Required for Name Change.--
(1) Analysis required.--Except as provided in paragraph
(2), the Secretary shall conduct a cost-benefit analysis
before changing the name of any agency, office, division, or
other unit of the Department to ensure that the benefits to
be derived from changing the name of the agency, office,
division, or other unit outweigh the expense of executing the
name change.
(2) Exception.--Paragraph (1) shall not apply with respect
to any name change specifically provided for in this Act.
(e) Public Comment on Proposed Reorganization.--To the
extent that the implementation of the authority provided to
the Secretary by this Act to reorganize the Department
involves the creation of new agencies or offices within the
Department or the delegation of major functions or major
groups of functions to any agency or office of the Department
(or the officers thereof), the Secretary shall, to the extent
considered practicable by the Secretary--
(1) give appropriate advance public notice of the proposed
reorganization action or delegation; and
(2) afford appropriate opportunity for interested parties
to comment on the proposed reorganization action or
delegation.
(f) Interagency Transfer of Records, Property, Personnel,
and Funds.--
(1) Related transfers.--Subject to paragraph (2), as part
of the transfer or delegation of a function of the Department
made or authorized by this Act, the Secretary may transfer
within the Department--
(A) any of the records, property, or personnel affected by
the transfer or delegation of the function; and
(B) unexpended balances (available or to be made available
for use in connection with the transferred or delegated
function) of appropriations, allocations, or other funds of
the Department.
(2) Applicable law relating to funds transfer.--Section
1531 of title 31, United States Code, shall apply to any
transfer of funds under paragraph (1).
SEC. 102. REDUCTIONS IN NUMBER OF DEPARTMENT PERSONNEL.
(a) Number of Reductions Required.--The Secretary shall
achieve Federal employee reductions of at least 7,500 staff
years within the Department by the end of fiscal year 1999.
Reductions in the number of full-time equivalent positions
within the Department achieved under section 5 of the Federal
Workforce Restructuring Act of 1994 (Public Law 103-226; 108
Stat. 115; 5 U.S.C. 3101 note) shall be counted toward the
employee reductions required under this section.
(b) Top-Down Reductions Required.--In achieving the
employee reductions required in subsection (a), the Secretary
shall ensure that the percentage by which total employee
staff years in headquarters offices is reduced is at least
twice as great as the percentage by which total employee
staff years in field offices is reduced.
SEC. 103. COMBINATION OF FIELD OFFICES.
(a) Combination of Offices Required.--The Secretary shall
combine field offices of agencies within the Department,
where practicable and to the extent consistent with
efficiency, effectiveness, and service to farmers, to improve
service to clients and reduce personnel and duplicative
overhead expenses.
(b) Joint Use of Resources and Offices Required.--When two
or more agencies share a common field office, the Secretary
shall require the agencies to jointly use office space,
equipment, office supplies, administrative personnel, and
clerical personnel associated with that field office.
SEC. 104. IMPROVEMENT OF INFORMATION SHARING.
Whenever the Secretary procures or uses computer systems,
as may be provided for in advance in appropriations Acts, the
Secretary shall do so in a manner that enhances efficiency,
productivity, and client services and is consistent with the
goal of promoting computer information sharing among agencies
of the Department.
SEC. 105. DIRECTOR OF EXTERNAL AFFAIRS.
(a) Establishment.--There is established in the Department
the position of Director of External Affairs of the
Department of Agriculture. The Director of External Affairs
shall be appointed by the President, by and with the advice
and consent of the Senate.
(b) Functions of Director.--
(1) Principal functions.--The Secretary shall delegate to
the Director of External Affairs those functions and duties
that were under the jurisdiction of the Assistant Secretary
of Agriculture for Congressional Relations and the Director
of Public Affairs of the Department as of the date of the
enactment of this Act.
(2) Additional functions.--The Director of External Affairs
shall perform such other duties as may be required by law or
prescribed by the Secretary.
(c) Succession.--Any official who is serving as Assistant
Secretary of Agriculture for Congressional Relations on the
date of the enactment of this Act and who was appointed by
the President, by and with the advice and consent of the
Senate--
(1) shall be considered to be serving in the successor
position established by subsection (a); and
(2) shall not be required to be reappointed to that
position by reason of the enactment of this Act.
(d) Conforming Amendment.--Section 5315 of title 5, United
States Code, is amended by adding at the end the following:
``Director of External Affairs of the Department of
Agriculture.''.
SEC. 106. DIRECTOR FOR ADMINISTRATION.
(a) Establishment.--There is established in the Department
the position of Director for Administration of the Department
of Agriculture. The Director for Administration shall be
appointed by the President, by and with the advice and
consent of the Senate.
(b) Functions of Director.--
(1) Principal functions.--The Secretary shall delegate to
the Director for Administration those functions and duties
that were under the jurisdiction of the Assistant Secretary
for Administration of the Department as of the date of the
enactment of this Act.
(2) Additional functions.--The Director for Administration
shall perform such other duties as may be required by law or
prescribed by the Secretary.
(c) Succession.--Any official who is serving as Assistant
Secretary of Agriculture for Administration on the date of
the enactment of this Act and who was appointed by the
President, by and with the advice and consent of the Senate--
(1) shall be considered to be serving in the successor
position established by subsection (a); and
(2) shall not be required to be reappointed to that
position by reason of the enactment of this Act.
[[Page 2053]]
(d) Conforming Amendment.--Section 5315 of title 5, United
States Code, is amended by adding at the end the following:
``Director for Administration of the Department of
Agriculture.''.
TITLE II--FARM AND FOREIGN AGRICULTURAL SERVICES
SEC. 201. UNDER SECRETARY OF AGRICULTURE FOR FARM AND FOREIGN
AGRICULTURAL SERVICES.
(a) Establishment.--There is established in the Department
the position of Under Secretary of Agriculture for Farm and
Foreign Agricultural Services. The Under Secretary shall be
appointed by the President, by and with the advice and
consent of the Senate.
(b) Functions of Under Secretary.--
(1) Principal functions.--The Secretary shall delegate to
the Under Secretary of Agriculture for Farm and Foreign
Agricultural Services those functions and duties under the
jurisdiction of the Department that are related to farm and
foreign agricultural services.
(2) Additional functions.--The Under Secretary of
Agriculture for Farm and Foreign Agricultural Services shall
perform such other functions and duties as may be required by
law or prescribed by the Secretary.
(c) Succession.--Any official who is serving as Under
Secretary of Agriculture for International Affairs and
Commodity Programs on the date of the enactment of this Act
and who was appointed by the President, by and with the
advice and consent of the Senate--
(1) shall be considered to be serving in the successor
position established by subsection (a); and
(2) shall not be required to be reappointed to that
position by reason of the enactment of this Act.
(d) Conforming Amendments.--
(1) Existing position.--Section 501 of the Agricultural
Trade Act of 1978 (7 U.S.C. 5691), relating to the Under
Secretary of Agriculture for International Affairs and
Commodity Programs, is repealed.
(2) Executive schedule.--Section 5314 of title 5, United
States Code, is amended by striking ``Under Secretary of
Agriculture for International Affairs and Commodity
Programs.'' and inserting ``Under Secretary of Agriculture
for Farm and Foreign Agricultural Services.''.
SEC. 202. AGRICULTURAL SERVICE AGENCY.
(a) Establishment.--The Secretary shall establish and
maintain an Agricultural Service Agency within the
Department.
(b) Functions of Agricultural Service Agency.--
(1) Principal functions.--The Secretary shall carry out
through the Agricultural Service Agency the following
activities that are under the jurisdiction of the Department:
(A) Agricultural price and income support programs and
related programs.
(B) General supervision of the Federal Crop Insurance
Corporation.
(C) Notwithstanding any other provision of law,
agricultural credit programs formerly assigned by law to the
Farmers Home Administration (including farm ownership and
operating, emergency, and disaster loan programs) and other
lending programs for farmers and others engaged in the
production of agricultural commodities.
(D) Agricultural conservation cost-share and demonstration
programs carried out by the Agricultural Stabilization and
Conservation Service or the Farmers Home Administration as of
the date of the enactment of this Act.
(2) Additional functions.--The Secretary may assign to the
Agricultural Service Agency such additional functions as the
Secretary considers appropriate in connection with the
administration and implementation of authorities assigned to
the Secretary by law.
(c) Jurisdiction Over Conservation Program Appeals.--
(1) In general.--Until such time as an adverse decision
described in this paragraph is referred to the National
Appeals Division for consideration, the Agricultural Service
Agency shall have initial jurisdiction over any
administrative appeal resulting from an adverse decision made
under title XII of the Food Security Act of 1985 (16 U.S.C.
3801 et seq.), including an adverse decision involving
technical determinations made by the Soil Conservation
Service.
(2) Treatment of technical determination.--With respect to
administrative appeals involving a technical determination
made by the Soil Conservation Service, the Agricultural
Service Agency, by rule with the concurrence of the Soil
Conservation Service, shall establish procedures for
obtaining review by the Soil Conservation Service of the
technical determinations involved. Such rules shall ensure
that technical criteria established by the Soil Conservation
Service shall be used by the Agricultural Service Agency as
the basis for any decisions regarding technical
determinations.
(3) Reinstatement of program benefits.--Rules issued to
carry out this subsection shall provide for the prompt
reinstatement of benefits to a producer who is determined in
an administrative appeal to meet the requirements of title
XII of the Food Security Act of 1985 applicable to the
producer.
(4) Definition.--For purposes of this subsection, the term
``Soil Conservation Service'' includes any successor agency
to the Soil Conservation Service.
(d) Use of Federal and Non-Federal Employees.--
(1) Use authorized.--In the implementation of programs and
activities assigned to the Agricultural Service Agency, the
Secretary may use interchangeably in local offices of the
agency both Federal employees of the Department and non-
Federal employees of county and area committees established
under section 8(b)(5) of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590h(b)(5)).
(2) Exception.--Notwithstanding paragraph (1), no personnel
action (as defined in section 2302(a)(2)(A) of title 5,
United States Code) may be taken with respect to a Federal
employee unless such action is taken by another Federal
employee.
(e) Conforming Amendments.--
(1) Crop insurance.--The Federal Crop Insurance Act (7
U.S.C.1501 et seq.) is amended--
(A) in section 505(a) (7 U.S.C. 1505(a)), by striking ``the
Under Secretary or Assistant Secretary of Agriculture
responsible for the farm credit programs of the Department of
Agriculture,'' and inserting ``one additional Under Secretary
of Agriculture as designated by the Secretary,''; and
(B) in section 507(d) (7 U.S.C. 1507(d)), by striking ``,
except'' and all that follows through ``agency''.
(2) Farm and rural development.--Section 331(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1981(a)) is amended by striking ``assets to the Farmers Home
Administration'' and all that follows through the period and
inserting ``assets to such officers or agencies of the
Department of Agriculture as the Secretary considers
appropriate.''.
SEC. 203. STATE, COUNTY, AND AREA COMMITTEES.
(a) Amendment to the Soil Conservation and Domestic
Allotment Act.--Section 8(b) of the Soil Conservation and
Domestic Allotment Act (16 U.S.C. 590h(b)) is amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by designating the second through eighth undesignated
paragraphs as paragraphs (2) through (8), respectively; and
(3) by striking paragraph (5) (as so designated) and
inserting the following new paragraph:
``(5) State, county, and area committees.--
``(A) Appointment of state committees.--The Secretary shall
appoint in each State a State committee composed of not fewer
than 3 nor more than 5 members who are fairly representative
of the farmers in the State. The members of a State committee
shall serve at the pleasure of the Secretary for such term as
the Secretary may establish.
``(B) Establishment of county or area committees.--(i) In
each county or area in which activities are carried out under
this section, the Secretary shall establish a county or area
committee. In the case of a county committee in existence on
the date of the enactment of the Department of Agriculture
Reorganization Act of 1994, the Secretary may not terminate
the county committee, alter the boundaries of the area
covered by the committee, or consolidate the committee with
other county committees, without the consent of a majority of
the producers in the area covered by the committee, as
determined in a referendum conducted by the Secretary.
``(ii) Any such committee shall consist of not fewer than 3
nor more than 5 members who are fairly representative of the
farmers in the county or area and who shall be elected by the
farmers in such county or area under such procedures as the
Secretary may prescribe.
``(iii) Only farmers within a local administrative area who
are producers who participate or cooperate in programs
administered within their area shall be eligible for
nomination and election to the local committee for that area.
``(iv) The Secretary shall solicit and accept nominations
from organizations representing the interests of socially
disadvantaged groups (as defined in section 355(e)(1) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
2003(e)(1)).
``(v) Members of each county or area committee shall serve
for terms not to exceed 3 years.
``(C) Use of committees.--The Secretary shall use the
services of such committees in carrying out programs under
this section and the agricultural credit programs under the
Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
seq.) and in considering administrative appeals under the
jurisdiction of the Agricultural Service Agency, as provided
by section 202(c) of the Department of Agriculture
Reorganization Act of 1994. In addition, to the extent the
Secretary determines appropriate, the Secretary may use the
services of such committees in carrying out programs under
other authorities administered by the Secretary .
``(D) Regulations.--The Secretary shall issue such
regulations as the Secretary considers necessary relating to
the selection and exercise of the functions of the respective
committees, and to the administration through such committees
of the programs described in subparagraph (C). Pursuant to
such regulations, each county and area committee shall select
an executive director for the area or county. Such selection
shall be made in the same manner as provided for the
selection of the county executive director under section
7.21(b)(2) of title 7, Code of Federal Regulations, as in
effect on January 1, 1994. Regulations governing payments or
grants under this subsection shall be as simple and direct as
possible, and, whenever practicable, they shall be classified
on the following two bases:
[[Page 2054]]
``(i) Soil-depleting practices.
``(ii) Soil-building practices.
``(E) Mandatory duties of secretary.--In carrying out this
section, the Secretary shall--
``(i) insofar as practicable, protect the interests of
tenants and sharecroppers;
``(ii) accord such encouragement to producer-owned and
producer-controlled cooperative associations as will be in
harmony with the policy toward cooperative associations set
forth in Federal laws and as will tend to promote efficient
methods of marketing and distribution;
``(iii) in every practicable manner, protect the interests
of small producers; and
``(iv) in every practical way, encourage and provide for
soil-conserving and soil-rebuilding practices.
``(F) Discretionary authorities of secretary.--In carrying
out this section, the Secretary may use other approved
agencies.
``(G) Limitations.--In carrying out this section, the
Secretary shall not have the authority to acquire any land or
any right or interest in land.''.
(b) Conforming Amendments.--The Consolidated Farm and Rural
Development Act (7 U.S.C. 1921 et seq.) is amended--
(1) by striking section 332 (7 U.S.C. 1982); and
(2) in section 333 (7 U.S.C. 1983)--
(A) by striking paragraph (2); and
(B) redesignating paragraphs (3), (4), and (5) as
paragraphs (2), (3), and (4), respectively.
TITLE III--RURAL ECONOMIC AND COMMUNITY DEVELOPMENT
SEC. 301. UNDER SECRETARY OF AGRICULTURE FOR RURAL ECONOMIC
AND COMMUNITY DEVELOPMENT.
(a) Establishment.--There is established in the Department
the position of Under Secretary of Agriculture for Rural
Economic and Community Development. The Under Secretary shall
be appointed by the President, by and with the advice and
consent of the Senate.
(b) Functions of Under Secretary.--
(1) Principal functions.--The Secretary shall delegate to
the Under Secretary of Agriculture for Rural Economic and
Community Development those functions and duties under the
jurisdiction of the Department that are related to rural
economic and community development.
(2) Additional functions.--The Under Secretary of
Agriculture for Rural Economic and Community Development
shall perform such other functions and duties as may be
required by law or prescribed by the Secretary.
(c) Succession.--Any official who is serving as Under
Secretary of Agriculture for Small Community and Rural
Development on the date of the enactment of this Act and who
was appointed by the President, by and with the advice and
consent of the Senate--
(1) shall be considered to be serving in the successor
position established by subsection (a); and
(2) shall not be required to be reappointed to that
position by reason of the enactment of this Act.
(d) Loan Approval Authority.--Approval authority for loans
and loan guarantees in the electric and telephone loan and
loan guarantee programs authorized by the Rural
Electrification Act of 1936 (7 U.S.C. 901 et seq.) shall not
be transferred to, or conditioned upon review of, a State
director or other employee whose primary duty is not the
review and approval of such loans or the provision of
assistance to such borrowers.
(e) Conforming Amendments.--
(1) Existing position.--Section 3 of the Rural Development
Policy Act of 1980 (7 U.S.C. 2211b) is amended by striking
subsection (a).
(2) Executive schedule.--Section 5314 of title 5, United
States Code, is amended by striking ``Under Secretary of
Agriculture for Small Community and Rural Development.'' and
inserting ``Under Secretary of Agriculture for Rural Economic
and Community Development.''.
(f) Amendments to the Rural Electrification Act of 1936.--
The Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.)
is amended--
(1) in section 1 (7 U.S.C. 901), by striking the first
sentence;
(2) in section 2(a) (7 U.S.C. 902(a)), by striking
``Administrator'' and inserting ``Secretary of Agriculture'';
(3) in section 3(a) (7 U.S.C. 903(a))--
(A) by striking ``Administrator, upon the request and
approval of the Secretary of Agriculture,'' and inserting
``Secretary''; and
(B) by striking ``Administrator appointed pursuant to the
provisions of this Act or from the Administrator of the Rural
Electrification Administration established by Executive Order
Numbered 7037'' and inserting ``Secretary'';
(4) in section 8 (7 U.S.C. 908)--
(A) by striking ``Administrator authorized to be appointed
by this Act'' and inserting ``Secretary''; and
(B) by striking ``Rural Electrification Administration
created by this Act'' and inserting ``Secretary'';
(5) by striking section 11A (7 U.S.C. 911a);
(6) in section 13 (7 U.S.C. 913), by inserting before the
period the following: ``; the term `Secretary' shall be
deemed to mean the Secretary of Agriculture'';
(7) in sections 206(b)(2), 306A(b), 311, and 405(b)(1)(A)
(7 U.S.C. 927(b)(2), 936a(b), 940a, and 945(b)(1)(A)), by
striking ``Rural Electrification Administration'' each place
it appears and inserting ``Secretary'';
(8) in sections 305(c)(2)(C)(ii)(II) and 306E(d) (7 U.S.C.
935(c)(2)(C)(ii)(II) and 936e(d)), by striking
``Administrator'' both places it appears and inserting
``Secretary'';
(9) in section 403(b) (7 U.S.C. 943(b)), by striking
``Rural Electrification Administration or of any other agency
of the Department of Agriculture,'' and inserting
``Secretary,'';
(10) in section 404 (7 U.S.C. 944), by striking ``the
Administrator of the Rural Electrification Administration''
and inserting ``the Secretary shall designate an official of
the Department of Agriculture who'';
(11) in sections 406(c) and 410 (7 U.S.C. 946(c) and 950),
by striking ``Administrator of the Rural Electrification
Administration'' each place it appears and inserting
``Secretary'';
(12) in the heading of section 501 (7 U.S.C. 950aa), by
striking ``of rea administrator''; and
(13) except as otherwise provided in this subsection, by
striking ``Administrator'' each place it appears in such Act
and inserting ``Secretary''.
(g) Miscellaneous Amendments Related to Rural
Electrification Administration.--(1) Section 236(a) of the
Disaster Relief Act of 1970 (7 U.S.C. 912a) is amended by
striking ``Rural Electrification Administration'' and
inserting ``Secretary under the Rural Electrification Act of
1936''.
(2) Section 505 of the Department of Agriculture Organic
Act of 1944 (7 U.S.C. 915) is amended--
(A) by striking ``Rural Electrification Administration''
and inserting ``Secretary of Agriculture''; and
(B) by striking ``its'' and inserting ``the Secretary's''.
(3) Section 401 of the Rural Electrification Act of 1938 (7
U.S.C. 903 note, 52 Stat. 818) is amended in the second
paragraph by striking ``Administrator of the Rural
Electrification Administration'' and inserting ``Secretary of
Agriculture''.
(4) Chapter 1 of subtitle D of title XXIII of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
950aaa et seq.), relating to Distance Learning and Medical
Link Programs, is amended--
(A) in section 2333--
(i) by striking paragraph (1); and
(ii) by redesignating paragraphs (2) through (11) as
paragraphs (1) through (10), respectively;
(B) in section 2334(h)(2), by striking ``section
2333(3)(F)'' and inserting ``section 2333(2)(F)''; and
(C) by striking ``Administrator'' each place it appears and
inserting ``Secretary''.
TITLE IV--FOOD, NUTRITION, AND CONSUMER SERVICES
SEC. 401. UNDER SECRETARY OF AGRICULTURE FOR FOOD, NUTRITION,
AND CONSUMER SERVICES.
(a) Establishment.--There is established in the Department
the position of Under Secretary of Agriculture for Food,
Nutrition, and Consumer Services. The Under Secretary shall
be appointed by the President, by and with the advice and
consent of the Senate.
(b) Functions of Under Secretary.--
(1) Principal functions.--The Secretary shall delegate to
the Under Secretary of Agriculture for Food, Nutrition, and
Consumer Services those functions and duties under the
jurisdiction of the Department that are related to food,
nutrition, and consumer services (except as provided in
section 701(b)(1)).
(2) Additional functions.--The Under Secretary of
Agriculture for Food, Nutrition, and Consumer Services shall
perform such other functions and duties as may be required by
law or prescribed by the Secretary.
(c) Succession.--Any official who is serving as Assistant
Secretary of Agriculture for Food and Consumer Services on
the date of the enactment of this Act and who was appointed
by the President, by and with the advice and consent of the
Senate--
(1) shall be considered to be serving in the successor
position established by subsection (a); and
(2) shall not be required to be reappointed to that
position by reason of the enactment of this Act.
(d) Executive Schedule.--Section 5314 of title 5, United
States Code, is amended by inserting after the item relating
to the Under Secretary of Agriculture for Farm and Foreign
Agricultural Services (as added by section 201(d)(2)) the
following:
``Under Secretary of Agriculture for Food, Nutrition, and
Consumer Services.''.
TITLE V--NATURAL RESOURCES AND ENVIRONMENT
SEC. 501. UNDER SECRETARY OF AGRICULTURE FOR NATURAL
RESOURCES AND ENVIRONMENT.
(a) Establishment.--There is established in the Department
the position of Under Secretary of Agriculture for Natural
Resources and Environment. The Under Secretary shall be
appointed by the President, by and with the advice and
consent of the Senate.
(b) Functions of Under Secretary.--
(1) Principal functions.--The Secretary shall delegate to
the Under Secretary of Agriculture for Natural Resources and
Environment those functions and duties under the jurisdiction
of the Department that are related to natural resources and
the environment (except to the extent those functions and
duties are delegated to the Agricultural Service Agency under
section 202).
(2) Additional functions.--The Under Secretary of
Agriculture for Natural Resources and Environment shall
perform such other functions and duties as may be required by
law or prescribed by the Secretary.
(c) Succession.--Any official who is serving as Assistant
Secretary of Agriculture for
[[Page 2055]]
Natural Resources and Environment on the date of the
enactment of this Act and who was appointed by the President,
by and with the advice and consent of the Senate--
(1) shall be considered to be serving in the successor
position established by subsection (a); and
(2) shall not be required to be reappointed to that
position by reason of the enactment of this Act.
(d) Executive Schedule.--Section 5314 of title 5, United
States Code, is amended by inserting after the item relating
to the Under Secretary of Agriculture for Food, Nutrition,
and Consumer Services (as added by section 401(d)) the
following:
``Under Secretary of Agriculture for Natural Resources and
Environment.''.
(e) Conforming Amendments.--
(1) Soil conservation service.--Section 5 of the Soil
Conservation and Domestic Allotment Act (16 U.S.C. 590e) is
repealed.
(2) Soil and water resources conservation.--The Soil and
Water Resources Conservation Act of 1977 (16 U.S.C. 2001) is
amended--
(A) in section 2(2) (16 U.S.C. 2001(2))--
(i) by striking ``created the Soil Conservation Service'';
and
(ii) by striking ``Department of Agriculture which'' and
inserting ``, has ensured that the Department of
Agriculture'';
(B) in section 3(2) (16 U.S.C. 2002(2)), by striking
``through the Soil Conservation Service''; and
(C) in section 6(a) (16 U.S.C. 2005(a)), by striking ``Soil
Conservation Service'' and inserting ``Secretary''.
TITLE VI--RESEARCH, EDUCATION, AND ECONOMICS
SEC. 601. UNDER SECRETARY OF AGRICULTURE FOR RESEARCH,
EDUCATION, AND ECONOMICS.
(a) Establishment.--There is established in the Department
the position of Under Secretary of Agriculture for Research,
Education, and Economics. The Under Secretary shall be
appointed by the President, by and with the advice and
consent of the Senate.
(b) Functions of Under Secretary.--
(1) Principal functions.--The Secretary shall delegate to
the Under Secretary of Agriculture for Research, Education,
and Economics those functions and duties under the
jurisdiction of the Department that are related to research,
education, and economics.
(2) Additional functions.--The Under Secretary of
Agriculture for Research, Education, and Economics shall
perform such other functions and duties as may be required by
law or prescribed by the Secretary.
(c) Cooperative State Research and Education Service.--
(1) Establishment.--The Secretary shall establish and
maintain within the Department a Cooperative State Research
and Education Service.
(2) Duties.--The Secretary shall delegate to the
Cooperative State Research and Education Service functions
related to cooperative State research programs and
cooperative extension and education programs that are under
the jurisdiction of the Department.
(3) Officer-in-charge.--The officer in charge of the
Cooperative State Research and Education Service shall report
directly to the Under Secretary of Agriculture for Research,
Education, and Economics.
(d) Executive Schedule.--Section 5314 of title 5, United
States Code, is amended by inserting after the item relating
to the Under Secretary of Agriculture for Natural Resources
and Environment (as added by section 501(d)) the following:
``Under Secretary of Agriculture for Research, Education,
and Economics.''.
TITLE VII--FOOD SAFETY
SEC. 701. UNDER SECRETARY OF AGRICULTURE FOR FOOD SAFETY.
(a) Establishment.--There is established in the Department
of Agriculture the position of Under Secretary of Agriculture
for Food Safety. The Under Secretary shall be appointed by
the President, by and with the advice and consent of the
Senate, from among individuals with specialized training or
significant experience in food safety or public health
programs.
(b) Functions of Under Secretary.--
(1) Principal functions.--The Secretary shall delegate to
the Under Secretary of Agriculture for Food Safety those
functions and duties under the jurisdiction of the Department
that are related to food safety.
(2) Additional functions.--The Under Secretary of
Agriculture for Food Safety shall perform such other
functions and duties as may be required by law or prescribed
by the Secretary.
(c) Executive Schedule.--Section 5314 of title 5, United
States Code, is amended by inserting after the item relating
to the Under Secretary of Agriculture for Research,
Education, and Economics (as added by section 601(d)) the
following:
``Under Secretary of Agriculture for Food Safety.''.
TITLE VIII--NATIONAL APPEALS DIVISION
SEC. 801. DEFINITIONS.
For purposes of this title:
(1) Adverse decision.--The term ``adverse decision'' means
an administrative decision made by an officer, employee, or
committee of an agency that is adverse to a participant. The
term includes a denial of equitable relief by an agency or
the failure of an agency to issue a decision or otherwise act
on the request or right of the participant. The term does not
include a decision over which the Board of Contract Appeals
has jurisdiction.
(2) Agency.--The term ``agency'' means any agency of the
Department designated by the Secretary or a successor agency
of the Department, except that the term shall include the
following (and any successor to the following):
(A) The Agricultural Service Agency.
(B) The Commodity Credit Corporation, with respect to
domestic programs.
(C) The Farmers Home Administration.
(D) The Federal Crop Insurance Corporation.
(E) The Rural Development Administration.
(F) The Soil Conservation Service.
(G) A State, county, or area committee established under
section 8(b)(5) of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590h(b)(5)).
(3) Appellant.--The term ``appellant'' means a participant
who appeals an adverse decision in accordance with this
title.
(4) Case record.--The term ``case record'' means all the
materials maintained by the Secretary related to an adverse
decision.
(5) Director.--The term ``Director'' means the Director of
the Division.
(6) Division.--The term ``Division'' means the National
Appeals Division established by this title.
(7) Hearing officer.--The term ``hearing officer'' means an
individual employed by the Division who hears and determines
appeals of adverse decisions by any agency.
(8) Participant.--The term ``participant'' means any
individual, partnership, corporation, association,
cooperative, or other entity whose application for, or right
to participate in or receive, payments or loans in accordance
with any of the programs administered by an agency is
affected by an adverse decision of an agency.
SEC. 802. NATIONAL APPEALS DIVISION AND DIRECTOR.
(a) Establishment of Division.--The Secretary shall
establish and maintain an independent National Appeals
Division within the Department to carry out this title.
(b) Director.--
(1) Appointment.--The Division shall be headed by a
Director, appointed by the Secretary from among persons who
have substantial experience in practicing administrative law.
In considering applicants for the position of Director, the
Secretary shall consider persons currently employed outside
Government as well as Government employees.
(2) Term and removal.--The Director shall serve for a 6-
year term of office, and shall be eligible for reappointment.
The Director shall not be subject to removal during the term
of office, except for cause established in accordance with
law.
(3) Position classification.--The position of the Director
may not be a position in the excepted service or filled by a
noncareer appointee.
(c) Direction, Control, and Support.--The Director shall be
free from the direction and control of any person other than
the Secretary. The Division shall not receive administrative
support (except on a reimbursable basis) from any agency
other than the Office of the Secretary. The Secretary may not
delegate to any other officer or employee of the Department,
other than the Director, the authority of the Secretary with
respect to the Division.
(d) Determination of Appealability of Agency Decisions.--If
an officer, employee, or committee of an agency determines
that a decision is not appealable and a participant appeals
the decision to the Director, the Director shall determine
whether the decision is adverse to the individual participant
and thus appealable or is a matter of general applicability
and thus not subject to appeal. The determination of the
Director as to whether a decision is appealable shall be
administratively final.
(e) Division Personnel.--The Director shall appoint such
hearing officers and other employees as are necessary for the
administration of the Division. A hearing officer or other
employee of the Division shall have no duties other than
those that are necessary to carry out this title.
SEC. 803. TRANSFER OF FUNCTIONS.
There are transferred to the Division all functions
exercised and all administrative appeals pending before the
effective date of this title (including all related functions
of any officer or employee) of or relating to--
(1) the National Appeals Division established by section
426(c) of the Agricultural Act of 1949 (7 U.S.C. 1433e(c))
(as in effect on the day before the date of the enactment of
this Act);
(2) the National Appeals Division established by
subsections (d) through (g) of section 333B of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1983b)
(as in effect on the day before the date of the enactment of
this Act);
(3) appeals of decisions made by the Federal Crop Insurance
Corporation; and
(4) appeals of decisions made by the Soil Conservation
Service.
SEC. 804. NOTICE AND OPPORTUNITY FOR HEARING.
Not later than 10 working days after an adverse decision is
made that affects the participant, the Secretary shall
provide the participant with the written notice of such
adverse decision and the rights available to the participant
under this title or other law for the review of such adverse
decision.
SEC. 805. INFORMAL HEARINGS.
If an officer, employee, or committee of an agency makes an
adverse decision, the agen-
[[Page 2056]]
cy shall hold, at the request of the participant, an informal
hearing on the decision. With respect to programs carried out
through the Agricultural Service Agency, the Secretary shall
maintain the informal appeals process applicable to such
programs, as in effect on the date of the enactment of the
title. If a mediation program is available under title V of
the Agricultural Credit Act of 1987 (7 U.S.C. 5101 et seq.)
as a part of the informal hearing process, the participant
shall be offered the right to choose such mediation.
SEC. 806. RIGHT OF PARTICIPANTS TO DIVISION HEARING.
(a) Appeal to Division for Hearing.--Subject to subsection
(b), a participant shall have the right to appeal an adverse
decision to the Division for an evidentiary hearing by a
hearing officer consistent with section 807.
(b) Time for Appeal.--To be entitled to a hearing under
section 807, a participant shall request the hearing not
later than 30 days after the date on which the participant
first received notice of the adverse decision.
SEC. 807. DIVISION HEARINGS.
(a) General Powers of Director and Hearing Officers.--
(1) Access to case record.--The Director and hearing
officer shall have access to the case record of any adverse
decision appealed to the Division for a hearing.
(2) Administrative procedures.--The Director and hearing
officer shall have the authority to require the attendance of
witnesses, and the production of evidence, by subpoena and to
administer oaths and affirmations. Except to the extent
required for the disposition of ex parte matters as
authorized by law--
(A) an interested person outside the Division shall not
make or knowingly cause to be made to the Director or a
hearing officer who is or may reasonably be expected to be
involved in the evidentiary hearing or review of an adverse
decision, an ex parte communication (as defined in section
551(14) of title 5, United States Code) relevant to the
merits of the proceeding;
(B) the Director and such hearing officer shall not make or
knowingly cause to be made to any interested person outside
the Division an ex parte communication relevant to the merits
of the proceeding.
(b) Time for Hearing.--Upon a timely request for a hearing
under section 806(b), an appellant shall have the right to
have a hearing by the Division on the adverse decision within
45 days after the date of the receipt of the request for the
hearing.
(c) Location and Elements of Hearing.--
(1) Location.--A hearing on an adverse decision shall be
held in the State of residence of the appellant or at a
location that is otherwise convenient to the appellant and
the Division.
(2) Evidentiary hearing.--The evidentiary hearing before a
hearing officer shall be in person, unless the appellant
agrees to a hearing by telephone or by a review of the case
record. The hearing officer shall not be bound by previous
findings of fact by the agency in making a determination.
(3) Information at hearing.--The hearing officer shall
consider information presented at the hearing without regard
to whether the evidence was known to the agency officer,
employee, or committee making the adverse decision at the
time the adverse decision was made. The hearing officer shall
leave the record open after the hearing for a reasonable
period of time to allow the submission of information by the
appellant or the agency after the hearing to the extent
necessary to respond to new facts, information, arguments, or
evidence presented or raised by the agency or appellant.
(4) Burden of proof.--The appellant shall bear the burden
of proving that the adverse decision of the agency was
erroneous.
(d) Determination Notice.--The hearing officer shall issue
a notice of the determination on the appeal not later than 30
days after a hearing or after receipt of the request of the
appellant to waive a hearing, except that the Director may
establish an earlier or later deadline. If the determination
is not appealed to the Director for review under section 808,
the notice provided by the hearing officer shall be
considered to be a notice of final determination.
(e) Effective Date.--The final determination shall be
effective as of the date of filing of an application, the
date of the transaction or event in question, or the date of
the original adverse decision, whichever is applicable.
SEC. 808. DIRECTOR REVIEW OF DETERMINATIONS OF HEARING
OFFICERS.
(a) Requests for Director Review.--
(1) Time for request by appellant.--Not later than 30 days
after the date on which an appellant receives the
determination of a hearing officer under section 807, the
appellant shall submit a written request to the Director for
review of the determination in order to be entitled to a
review by the Director of the determination.
(2) Time for request by agency head.--Not later 15 business
days after the date on which an agency receives the
determination of a hearing officer under section 807, the
head of the agency may make a written request that the
Director review the determination.
(b) Determination of Director.--The Director shall conduct
a review of the determination of the hearing officer using
the case record, the record from the evidentiary hearing
under section 807, the request for review, and such other
arguments or information as may be accepted by the Director.
Based on such review, the Director shall issue a final
determination notice that upholds, reverses, or modifies the
determination of the hearing officer. However, if the
Director determines that the hearing record is inadequate,
the Director may remand all or a portion of the determination
for further proceedings to complete the hearing record or, at
the option of the Director, to hold a new hearing. The
Director shall complete the review and either issue a final
determination or remand the determination not later than--
(1) 10 business days after receipt of the request for
review, in the case of a request by the head of an agency for
review; or
(2) 30 business days after receipt of the request for
review, in the case of a request by an appellant for review.
(c) Equitable Relief.--Subject to regulations issued by the
Secretary, the Director shall have the authority to grant
equitable relief under this section in the same manner and to
the same extent as such authority is provided to the
Secretary under section 326 of the Food and Agriculture Act
of 1962 (7 U.S.C. 1339a) and other laws. Notwithstanding the
administrative finality of a final determination of an appeal
by the Division, the Secretary shall have the authority to
grant equitable or other types of relief to the appellant
after a final determination is issued by the Division.
(d) Effective Date.--A final determination issued by the
Director shall be effective as of the date of filing of an
application, the date of the transaction or event in
question, or the date of the original adverse decision,
whichever is applicable.
SEC. 809. JUDICIAL REVIEW.
A final determination of the Division shall be reviewable
and enforceable by any United States district court of
competent jurisdiction in accordance with chapter 7 of title
5, United States Code.
SEC. 810. IMPLEMENTATION OF FINAL DETERMINATIONS OF DIVISION.
On the return of a case to an agency pursuant to the final
determination of the Division, the head of the agency shall
implement the final determination not later than 30 days
after the effective date of the notice of the final
determination.
SEC. 811. CONFORMING AMENDMENTS RELATING TO NATIONAL APPEALS
DIVISION.
(a) Decisions of State, County, and Area Committees.--
(1) Application of subsection.--This subsection shall apply
only with respect to functions of the Agricultural Service
Agency or the Commodity Credit Corporation that are under the
jurisdiction of a State, county, or area committee
established under section 8(b)(5) of the Soil Conservation
and Domestic Allotment Act (16 U.S.C. 590h(b)(5)) or an
employee of such a committee.
(2) Finality.--Each decision of a State, county, or area
committee (or an employee of such a committee) covered by
paragraph (1) that is made in good faith in the absence of
misrepresentation, false statement, fraud, or willful
misconduct shall be final not later than 90 days after the
date of filing of the application for benefits, unless the
decision is--
(A) appealed under this title; or
(B) modified by the Administrator of the Agricultural
Service Agency or the Executive Vice President of the
Commodity Credit Corporation.
(3) Recovery of amounts.--If the decision of the State,
county, or area committee has become final under paragraph
(2), no action may be taken by the Agricultural Service
Agency, the Commodity Credit Corporation, or a State, county,
or area committee to recover amounts found to have been
disbursed as a result of a decision in error unless the
participant had reason to believe that the decision was
erroneous.
(b) Agricultural Stabilization and Conservation Service.--
Section 426 of the Agricultural Act of 1949 (7 U.S.C. 1433e)
is repealed.
(c) Farmers Home Administration.--Section 333B of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1983b)
is repealed.
(d) Federal Crop Insurance Corporation.--The last sentence
of section 508(f) of the Federal Crop Insurance Act (7 U.S.C.
1508(f)) is amended by inserting before the period at the end
the following: ``or within 1 year after the claimant receives
a final determination notice from an administrative appeal
made in accordance with title VIII of the Department of
Agriculture Reorganization Act of 1994, whichever is later''.
SEC. 812. EXPANSION OF ISSUES COVERED BY STATE MEDIATION
PROGRAMS.
(a) Expansion of Mediation Programs.--Section 501 of the
Agricultural Credit Act of 1987 (7 U.S.C. 5101) is amended--
(1) in subsection (a), by striking ``an agricultural loan
mediation program'' and inserting ``a mediation program'';
(2) in subsection (b), by striking ``agricultural loan'';
and
(3) by striking subsection (c) and inserting the following
new subsection:
``(c) Requirements of State Mediation Programs.--
``(1) Issues covered.--To be certified as a qualifying
State, the mediation program of the State must provide
mediation services for the persons described in paragraph (2)
who are involved in agricultural loans or agricultural loans
and one or more of the following issues under the
jurisdiction of the Department of Agriculture:
``(A) Wetlands determinations.
``(B) Compliance with farm programs, including conservation
programs.
[[Page 2057]]
``(C) Agricultural credit.
``(D) Rural water loan programs.
``(E) Grazing on National Forest System lands.
``(F) Pesticides.
``(G) Such other issues as the Secretary considers
appropriate.
``(2) Persons eligible for mediation.--The persons referred
to in paragraph (1) are producers, their creditors (if
applicable), and other persons directly affected by actions
of the Department of Agriculture.
``(3) Certification conditions.--The Secretary shall
certify a State as a qualifying State with respect to the
issues proposed to be covered by the mediation program of the
State if the mediation program--
``(A) provides for mediation services that, if decisions
are reached, result in mediated, mutually agreeable decisions
between the parties to the mediation;
``(B) is authorized or administered by an agency of the
State government or by the Governor of the State;
``(C) provides for the training of mediators;
``(D) provides that the mediation sessions shall be
confidential;
``(E) ensures, in the case of agricultural loans, that all
lenders and borrowers of agricultural loans receive adequate
notification of the mediation program; and
``(F) ensures, in the case of other issues covered by the
mediation program, that persons directly affected by actions
of the Department of Agriculture receive adequate
notification of the mediation program.''.
(b) Participation of Department.--Section 503 of such Act
(7 U.S.C. 5103) is amended--
(1) by striking ``agricultural loan'' each place it
appears;
(2) in the matter preceding subparagraph (A) of subsection
(a)(1)--
(A) by inserting ``or agency'' after ``program''; and
(B) by striking ``that makes, guarantees, or insures
agricultural loans'';
(3) in subsection (a)(1)(A)--
(A) by inserting ``or agency'' after ``such program''; and
(B) by inserting ``certified under section 501'' after
``mediation program'';
(4) in subsection (a)(1)(B)--
(A) by striking ``, effective beginning on the date of the
enactment of this Act,''; and
(B) by inserting ``certified under section 501'' after
``mediation programs''; and
(5) in subsection (a)(1)(C)--
(A) in clause (i), by striking ``described in'' and
inserting ``certified under''; and
(B) in clause (ii), by inserting ``if applicable,'' before
``present''.
(c) Regulations.--Section 504 of such Act (7 U.S.C. 5104)
is amended--
(1) by striking ``Within 150 days after the date of the
enactment of this Act, the'' and inserting ``The''; and
(2) by adding at the end the following new sentence: ``The
regulations prescribed by the Secretary shall require
qualifying States to adequately train mediators to address
all of the issues covered by the mediation program of the
State.''.
(d) Report.--Section 505 of such Act (7 U.S.C. 5105) is
amended by striking ``1990'' and inserting ``1998''.
(e) Authorization of Appropriations.--Section 506 of such
Act (7 U.S.C. 5106) is amended by striking ``1995'' and
inserting ``2000''.
(f) Conforming Amendments.--
(1) References to agricultural loans.--Subtitle A of title
V of such Act is amended--
(A) in sections 502 and 505(1) (7 U.S.C. 5102, 5105(1)), by
striking ``agricultural loan'' each place it appears; and
(B) in section 505(3) (7 U.S.C. 5105(3)), by striking ``an
agricultural loan mediation'' and inserting ``a mediation''.
(2) Waiver of farm credit system mediation rights by
borrowers.--Section 4.14E of the Farm Credit Act of 1971 (12
U.S.C. 2202e) is amended by striking ``agricultural loan''.
(3) Waiver of fmha mediation rights by borrowers.--Section
358 of the Consolidated Farm and Rural Development Act (7
U.S.C. 2006) is amended by striking ``agricultural loan''.
TITLE IX--MISCELLANEOUS PROVISIONS
SEC. 901. SUCCESSORSHIP PROVISIONS RELATING TO BARGAINING
UNITS AND EXCLUSIVE REPRESENTATIVES.
(a) Voluntary Agreement.--
(1) In general.--If the exercise of the Secretary's
authority under this Act results in changes to an existing
bargaining unit that has been certified under chapter 71 of
title 5, United States Code, the affected parties shall
attempt to reach a voluntary agreement on a new bargaining
unit and an exclusive representative for such unit.
(2) Criteria.--In carrying out the requirements of this
subsection, the affected parties shall use criteria set forth
in--
(A) sections 7103(a)(4), 7111(e), 7111(f)(1), and 7120 of
title 5, United States Code, relating to determining an
exclusive representative; and
(B) section 7112 of title 5, United States Code
(disregarding subsections (b)(5) and (d) thereof), relating
to determining appropriate units.
(b) Effect of an Agreement.--
(1) In general.--If the affected parties reach agreement on
the appropriate unit and the exclusive representative for
such unit under subsection (a), the Federal Labor Relations
Authority shall certify the terms of such agreement, subject
to paragraph (2)(A). Nothing in this subsection shall be
considered to require the holding of any hearing or election
as a condition for certification.
(2) Restrictions.--
(A) Conditions requiring noncer- tification.--The Federal
Labor Relations Authority may not certify the terms of an
agreement under paragraph (1) if--
(i) it determines that any of the criteria referred to in
subsection (a)(2) (disregarding section 7112(a) of title 5,
United States Code) have not been met; or
(ii) after the Secretary's exercise of authority and before
certification under this section, a valid election under
section 7111(b) of title 5, United States Code, is held
covering any employees who would be included in the unit
proposed for certification.
(B) Temporary waiver of provision that would bar an
election after a collective bargaining agreement is
reached.--Nothing in section 7111(f)(3) of title 5, United
States Code, shall prevent the holding of an election under
section 7111(b) of such title that covers employees within a
unit certified under paragraph (1), or giving effect to the
results of such an election (including a decision not to be
represented by any labor organization), if the election is
held before the end of the 12-month period beginning on the
date such unit is so certified.
(C) Clarification.--The certification of a unit under
paragraph (1) shall not, for purposes of the last sentence of
section 7111(b) of title 5, United States Code, or section
7111(f)(4) of such title, be treated as if it had occurred
pursuant to an election.
(3) Delegation.--
(A) In general.--The Federal Labor Relations Authority may
delegate to any regional director (as referred to in section
7105(e) of title 5, United tates Code) its authority under
the preceding provisions of this subsection.
(B) Review.--Any action taken by a regional director under
subparagraph (A) shall be subject to review under the
provisions of section 7105(f) of title 5, United States Code,
in the same manner as if such action had been taken under
section 7105(e) of such title, except that in the case of a
decision not to certify, such review shall be required if
application therefor is filed by an affected party within the
time specified in such provisions.
(c) Definition.--For purposes of this section, the term
``affected party'' means--
(1) with respect to an exercise of authority by the
Secretary under this Act, any labor organization affected
thereby; and
(2) the Department of Agriculture.
SEC. 902. OFFICE OF ENVIRONMENTAL RISK ASSESSMENT.
(a) Office of Environmental Risk Assessment.--The Secretary
shall establish in the Department an Office of Environmental
Risk Assessment (in this section referred to as the
``Office''), which shall be independent of other offices and
agencies of the Department, but shall have the authority to
advise such offices and agencies regarding the environmental
risks addressed by Department regulations and the
implementation and compliance costs associated with such
regulations. The Office shall be under the direction of a
Director appointed by the Secretary.
(b) Strategy to Analyze Risks and Benefits.--The Director
of the Office shall develop a strategy for performing, to the
greatest extent practicable and consistent with the
provisions of this section and other provisions of the law
applicable to the Department, risk/benefit analyses in
connection with the regulations described in subsection (c)
that are performed consistently and employ state-of-the-art
scientific techniques that are practicable with the resources
available. The implementation of the strategy shall be
subject to the approval of the Secretary.
(c) Review and Certification of Department Regulations.--In
connection with each proposed major regulation relating to
public health, public safety, or the environment that is
issued by the Department after the date on which the
Secretary approves of the risk/benefit analysis strategy
under subsection (b), the Director of the Office shall
publish in the Federal Register--
(1) an estimate, with as much specificity as practicable,
of--
(A) the risk to the health and safety of individuals that
is addressed by the regulation, including the effect of the
risk on human health or the environment;
(B) the costs associated with the implementation of, and
compliance with, the regulation; and
(C) a comparative analysis of that risk relative to other
risks to which the public is exposed; and
(2) subject to subsection (d), a certification by the
Director that--
(A) the estimate under paragraph (1)(B) and the analysis
under paragraph (1)(C) are based on a scientific evaluation
of the risk referred to in paragraph (1)(A) and are supported
by the best available scientific data;
(B) the regulation will substantially advance the purpose
of protecting the public health and safety or the environment
against the risk referred to in paragraph (1)(A); and
(C) the regulation will produce benefits to public health
and safety or the environment that will justify the costs
incurred by local, State, and Federal Government and other
public and private entities as a result of the implementation
of, and compliance with, the regulation, as estimated in
paragraph (1)(B).
(d) Report to Congress of Lack of Certification.--If the
Director of the Office can-
[[Page 2058]]
not make the certification required under subsection (c)(2)
for a regulation, the Director shall submit to Congress a
report containing a statement of the reasons why the
certification cannot be made. The statement shall be included
in the final regulation.
(e) Effect on Other Laws; Judicial Review.--This section,
and any certification made under subsection (c), shall not be
construed to amend, modify, or alter any law and shall not be
subject to judicial review. This section shall not be
construed to grant a cause of action to any person.
SEC. 903. FAIR AND EQUITABLE TREATMENT OF SOCIALLY
DISADVANTAGED PRODUCERS.
(a) Fair Crop Acreage Bases and Farm Program Payment
Yields.--If the Secretary of Agriculture determines that crop
acreage bases or farm program payment yields established for
farms owned or operated by socially disadvantaged producers
are not established in accordance with title V of the
Agricultural Act of 1949 (7 U.S.C. 1461 et seq.), the
Secretary shall adjust the bases and yields to conform to the
requirements of such title and make available any appropriate
commodity program benefits.
(b) Fair Application of Consolidated Farm and Rural
Development Act.--If the Secretary of Agriculture determines
that application of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1921 et seq.) with respect to
socially disadvantaged producers is not consistent with the
requirements of such Act, the Secretary shall make such
changes in the administration of such Act as the Secretary
considers necessary to provide for the fair and equitable
treatment of socially disadvantaged producers under such Act.
(c) Report on Treatment of Socially Disadvantaged
Producers.--
(1) Report required.--The Comptroller General of the United
States shall prepare a report to determine--
(A) whether socially disadvantaged producers are
underrepresented on State, county, or local committees
established under section 8(b) of the Soil Conservation and
Domestic Allotment Act (16 U.S.C. 590h(b)) or local review
committees established under section 363 of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1363) because of racial,
ethnic, or gender prejudice; and
(B) if such underrepresentation exists, whether it inhibits
or interferes with the participation of socially
disadvantaged producers in programs of the Department of
Agriculture.
(2) Submission of report.--Not later than February 1, 1995,
the Comptroller General shall submit the report required by
this subsection to the Committee on Agriculture of the House
of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate.
(d) Definition.--For purposes of this section, the term
``socially disadvantaged producer'' means a producer who is a
member of a group whose members have been subjected to
racial, ethnic, or gender prejudice because of their identity
as members of a group without regard to their individual
qualities.
SEC. 904. REPEAL OF SUPERSEDED PROVISIONS.
(a) In General.--The following provisions of law are
repealed:
(1) Section 2 of Reorganization Plan No. 2 of 1953 (5
U.S.C. App; 7 U.S.C. 2201 note).
(2) Section 2 of the Act entitled ``An Act to enlarge the
powers and duties of the Department of Agriculture and to
create an Executive Department to be known as the Department
of Agriculture.'', approved February 9, 1889 (7 U.S.C. 2212).
(3) The first paragraph designated ``Office of the
Secretary:'' under the heading ``DEPARTMENT OF AGRICULTURE''
of the Act entitled ``An Act making appropriations for the
Department of Agriculture for the fiscal year ending June
thirtieth, nineteen hundred and seven.'', approved June 30,
1906 (34 Stat. 670; 7 U.S.C. 2212).
(4) Section 604(a) of the Rural Development Act of 1972 (7
U.S.C. 2212a).
(5) Section 2 of Public Law 94-561 (7 U.S.C. 2212b).
(6) Section 8(a) of Public Law 97-325 (7 U.S.C. 2212c).
(7) Section 1413(d) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3128(d)).
(8) Section 306(a)(15)(C) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1926(a)(15)(C)).
(9) Section 2322(d)(2) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 1926-1(d)(2)).
(10) Section 364 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2006f).
(b) Termination of Authority for Assistant Secretaries.--
Section 5315 of title 5, United States Code, is amended by
striking ``Assistant Secretaries of Agriculture (7).''.
(c) Termination of Other Executive Schedule Positions.--
Section 5316 of title 5, United States Code, is amended--
(1) by striking ``Administrator, Agricultural Marketing
Service, Department of Agriculture.'';
(2) by striking ``Administrator, Agricultural Research
Service, Department of Agriculture.'';
(3) by striking ``Administrator, Agricultural Stabilization
and Conservation Service, Department of Agriculture.'';
(4) by striking ``Administrator, Farmers Home
Administration.'';
(5) by striking ``Administrator, Foreign Agricultural
Service, Department of Agriculture.'';
(6) by striking ``Administrator, Rural Electrification
Administration, Department of Agriculture.'';
(7) by striking ``Administrator, Soil Conservation Service,
Department of Agriculture.'';
(8) by striking ``Chief Forester of the Forest Service,
Department of Agriculture.'';
(9) by striking ``Director of Science and Education,
Department of Agriculture.'';
(10) by striking ``Administrator, Animal and Plant Health
Inspection Service, Department of Agriculture.''; and
(11) by striking ``Administrator, Federal Grain Inspection
Service, Department of Agriculture.''.
SEC. 905. CONFORMING AMENDMENTS.
(a) United States Grain Standards Act.--The United States
Grain Standards Act (7 U.S.C. 71 et seq.) is amended--
(1) in section 3 (7 U.S.C. 75)--
(A) by inserting ``and'' at the end of subsection (y);
(B) by striking subsections (z) and (aa); and
(C) by redesignating subsection (bb) as subsection (z);
(2) by striking section 3A (7 U.S.C. 75a);
(3) in section 5(b) (7 U.S.C. 77(b)), by striking ``Service
employees'' and inserting ``employees of the Secretary'';
(4) in sections 7(j)(2) and 7A(l)(2) (7 U.S.C. 79(j)(2) and
79a(l)(2)), by striking ``supervision by Service personnel of
its field office personnel'' both places it appears and
inserting ``supervision by the Secretary of the Secretary's
field office personnel'';
(5) in section 12(c) (7 U.S.C. 87a(c)), by striking ``or
Administrator'';
(6) in section 12(d) (7 U.S.C. 87a(d)), by striking ``or
the Administrator'';
(7) except as otherwise provided in this subsection, by
striking ``Administrator'' each place it appears and
inserting ``Secretary''; and
(8) except as otherwise provided in this subsection, by
striking ``Service'' each place it appears and inserting
``Secretary''.
(b) Packers and Stockyards Act, 1921.--Section 407 of the
Packers and Stockyards Act, 1921 (7 U.S.C. 228), is amended--
(1) by striking subsection (b);
(2) by redesignating subsections (c), (d), (e), and (f), as
subsections (b), (c), (d), and (e), respectively; and
(3) in subsection (e) (as so redesignated), by striking
``subsection (e)'' and inserting ``subsection (d)''.
SEC. 906. PROPOSED CONFORMING AMENDMENTS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary shall submit to Congress recommended
legislation containing additional technical and conforming
amendments to Federal laws that are required as a result of
the enactment of this Act.
SEC. 907. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.
(a) Sense of Congress.--It is the sense of the Congress
that, to the greatest extent practicable, all equipment and
products purchased using funds made available pursuant to
this Act should be American-made.
(b) Notice Requirement.--In providing financial assistance
to, or entering into any contract with, any entity using
funds made available pursuant to this Act, the Secretary, to
the greatest extent practicable, shall provide to such entity
a notice describing the statement made in subsection (a) by
the Congress.
SEC. 908. CONDITIONS ON IMPLEMENTATION OF ALTERATION IN LEVEL
OF SELENIUM ALLOWED IN ANIMAL DIETS.
(a) Conditions.--The Food and Drug Administration shall not
implement or enforce the final rule described in subsection
(b) to alter the level of selenium allowed to be used as a
supplement in animal diets unless the Commissioner of the
Food and Drug Administration makes a determination that--
(1) selenium additives are not essential, at levels
authorized in the absence of such final rule, to maintain
animal nutrition and protect animal health;
(2) selenium at such levels is not safe to the animals
consuming the additive;
(3) selenium at such levels is not safe to individuals
consuming edible portions of animals that receive the
additive;
(4) selenium at such levels does not achieve its intended
effect of promoting normal growth and reproduction of
livestock and poultry; and
(5) the manufacture and use of selenium at such levels
cannot reasonably be controlled by adherence to current good
manufacturing practice requirements.
(b) Final Rule Described.--The final rule referred to in
subsection (a) is the final rule issued by the Food and Drug
Administration and published in the Federal Register on
September 13, 1993 (58 Fed. Reg. 47962), in which the
Administration stayed 1987 amendments to the selenium food
additive regulations, and any modification of such rule
issued after the date of the enactment of this Act.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. McDERMOTT, announced that the yeas had
it.
So the bill was passed.
On motion of Mr. de la GARZA, by unanimous consent, the bill of the
Senate (S. 1970) to authorize the Secretary of Agriculture to reorganize
the De-
[[Page 2059]]
partment of Agriculture, and for other purposes; was taken from the
Speaker's table.
When said bill was considered and read twice.
Mr. de la GARZA submitted the following amendment, which was agreed
to:
Strike out all after the enacting clause and insert the provisions of
H.R. 3171, as passed by the House.
The bill, as amended, was ordered to be read a third time, was read a
third time by title, and passed.
A motion to reconsider the vote whereby said bill, as amended, was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
By unanimous consent, H.R. 3171, a similar House bill, was laid on the
table.
Para. 115.18 notice requirement--motion to instruct conferees--h.r. 820
Mr. ROHRABACHER, pursuant to clause 1(c) of rule XXVIII, announced his
intention to instruct the managers on the part of the House at the
conference with the Senate on the disagreeing votes of the two Houses on
the Senate amendment to the bill (H.R. 820) to amend the Stevenson-
Wydler Technology Innovation Act of 1980 to enhance manufacturing
technology development and transfer, to authorize appropriations for the
Technology Administration of the Department of Commerce, including the
National Institute of Standards and Technology, and for other purposes,
be instructed to insist on the provisions contained in section 506 of
the House bill, entitled ``Prohibitions'', the text of which is as
follows: ``None of the funds made available in this Act may be used to
provide any direct Federal financial benefit to any person who is not
(1) a citizen or national of the United States; (2) an alien lawfully
admitted for permanent residence; or (3) an alien granted legal status
as a parolee, asylee, or refugee.''
Para. 115.19 recess--6:40 p.m.
The SPEAKER pro tempore, Mr. SCOTT, pursuant to clause 12 of rule I,
declared the House in recess at 6 o'clock and 40 minutes p.m., subject
to the call of the Chair.
Para. 115.20 after recess--7:27 p.m.
The SPEAKER pro tempore, Mr. SCOTT, called the House to order.
Para. 115.21 submission of conference report--h.r. 6
Mr. KILDEE submitted a conference report (Rept. No. 103-761) on the
bill (H.R. 6) to extend for six years the authorizations of
appropriations for the programs under the Elementary and Secondary
Education Act of 1965, and for other purposes; together with a statement
thereon, for printing in the Record under the rule.
Para. 115.22 senate bill and concurrent resolution referred
A bill and a concurrent resolution of the Senate of the following
titles were taken from the Speaker's table and, under the rule, referred
as follows:
S. 2468. An Act to permit the Secretary of Agriculture to
make available certain amounts for FmHA farm ownership,
operating, or emergency loans, and for other purposes; to the
Committee on Agriculture.
S. Con. Res. 74. Concurrent resolution concerning the ban
on the use of United States passports in Lebanon; to the
Committee on Foreign Affairs.
Para. 115.23 enrolled bills signed
Mr. ROSE, from the Committee on House Administration, reported that
that committee had examined and found truly enrolled bills of the House
of the following titles, which were thereupon signed by the Speaker:
H.R. 3839. An Act to designate the United States Post
Office building located at 220 South 40th Avenue in
Hattiesburg, Mississippi, as the ``Roy M. Wheat Post
Office.''
H.R. 4177. An Act to designate the United States Post
Office building located at 1601 Highway 35 in Middletown, New
Jersey, as the ``Candace White Post Office.''
H.R. 4191. An Act to designate the United States Post
Office building located at 9630 Estate Thomas in Saint
Thomas, Virgin Islands, as the ``Aubrey C. Ottley Post
Office.''
H.R. 4554. An Act making appropriations for Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies programs for the fiscal year ending September 30,
1995, and for other purposes.
H.R. 4569. An Act to extend and make amendments to the
President John F. Kennedy Assassination Records Collection
Act of 1992.
H.R. 4606. An Act making appropriations for the Department
of Labor, Health and Human Services, and Education, and
related agencies, for the fiscal year ending September 30,
1995, and for other purposes.
H.R. 4624. An Act making appropriations for the Departments
of Veterans Affairs and Housing and Urban Development, and
for sundry independent agencies, boards, commissions,
corporations, and offices for the fiscal year ending
September 30, 1995, and for other purposes.
Para. 115.24 senate enrolled bill signed
The SPEAKER announced his signature to an enrolled bill of the Senate
of the following title:
S. 716. An Act to require that all Federal lithographic
printing be performed using ink made from vegetable oil and
materials derived from other renewable resources, and for
other purposes.
Para. 115.25 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. UNDERWOOD, for today and through October 3;
To Mrs. LLOYD, for today, and
To Mr. McNULTY, for today after 12 o'clock noon and the balance of
the week.
And then,
Para. 115.26 adjournment
On motion of Mr. KILDEE, at 7 o'clock and 28 minutes p.m., the House
adjourned.
Para. 115.27 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. FROST: Committee on Rules. House Resolution 554.
Resolution waiving points of order against the conference
report to accompany the bill (H.R. 4650) making
appropriations for the Department of Defense for the fiscal
year ending September 30, 1995, and for other purposes (Rept.
No. 103-759). Referred to the House Calendar.
Mr. STUDDS: Committee on Merchant Marine and Fisheries.
H.R. 4734. A bill to require consultations, assessments, and
monitoring of the effects of major trade actions on the
environment generally, including fish, wildlife, endangered
species, and other natural resources; with an amendment
(Rept. No. 103-760, Pt. 1). Ordered to be printed.
Mr. FORD of Michigan: Committee of Conference. Conference
report on H.R. 6. A bill to extend for 6 years the
authorizations of appropriations for the programs under the
Elementary and Secondary Education Act of 1965 and for other
purposes (Rept. No. 103-761). Ordered to be printed.
Para. 115.28 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. PETERSON of Minnesota:
H.R. 5115. A bill to improve the management of the project-
based rental assistance program under section 8 of the United
States Housing Act of 1937; to the Committee on Banking,
Finance and Urban Affairs.
By Mr. BROOKS (for himself, Mr. Fish, and Mr. Synar):
H.R. 5116. A bill to amend title 11 of the United States
Code; to the Committee on the Judiciary.
By Mr. MURTHA:
H.R. 5117. A bill to amend title 10, United States Code, to
provide for improved treatment of future actuarial gains and
losses to the Department of Defense Military Retirement Fund;
to the Committee on Armed Services.
By Mr. BERMAN:
H.R. 5118. A bill to amend the Tariff Act of 1930 to permit
an extension for filing drawback claims in cases where the
President has declared a major disaster; to the Committee on
Ways and Means.
By Mr. DeFAZIO:
H.R. 5119. A bill to increase access to, control the costs
associated with, and improve the quality of health care in
States through health insurance reform, State innovation,
public health and medical research, and for other purposes;
jointly, to the Committees on Energy and Commerce, Ways and
Means, and Education and Labor.
By Ms. DeLAURO (for herself and Mr. Gephardt):
H.R. 5120. A bill to facilitate efficient investments and
financing of infrastructure projects and new job creation
through the establishment of a National Infrastructure
Development Corporation, and for other purposes; jointly, to
the Committees on Banking, Finance and Urban Affairs; Ways
and Means; and Public Works and Transportation.
By Mr. KLINK:
H.R. 5121. A bill to assist in the economic conversion and
diversification of industries and small businesses in the
defense industrial base of the United States that are
adversely affected by significant reductions in spending for
national defense; jointly, to the
[[Page 2060]]
Committees on Energy and Commerce, Armed Services, Ways and
Means, and Foreign Affairs.
By Mr. MANN:
H.R. 5122. A bill to require Federal agencies that own or
lease motor vehicles to keep accurate records of the use of
those vehicles by Federal employees, and for other purposes;
to the Committee on Government Operations.
By Mr. RAHALL:
H.R. 5123. A bill to make a technical correction to an act
preempting State economic regulation of motor carriers; to
the Committee on Public Works and Transportation.
By Mr. REYNOLDS:
H.R. 5124. A bill to amend the Internal Revenue Code of
1986 to limit the interest deduction allowed corporations and
to allow a deduction for dividends paid by corporations; to
the Committee on Ways and Means.
By Mrs. ROUKEMA:
H.R. 5125. A bill to amend the Community Reinvestment Act
of 1977 to enhance the availability of investment capital for
low- and moderate-income housing in low- and moderate-income
neighborhoods; to the Committee on Banking, Finance and Urban
Affairs.
By Mr. SANDERS (for himself and Mr. Owens):
H.R. 5126. A bill to amend the National Labor Relations
Act, to establish the National Public Employment Relations
Commission, and to amend title I of the Employment Retirement
Income Security Act of 1974 to provide for joint trusteeship
of single-employer pension plans; to the Committee on
Education and Labor.
By Mr. UNDERWOOD:
H.R. 5127. A bill to amend title VII of the Civil Rights
Act of 1964 to establish that English-only rules cause an
adverse and disparate effect on certain employees and
applicants for employment; to the Committee on Education and
Labor.
By Mr. TORRICELLI (for himself and Mr. Hamilton):
H.J. Res. 416. Joint resolution providing limited
authorization for the participation of United States Armed
Forces in the multinational force in Haiti and providing for
the prompt withdrawal of United States Armed Forces from
Haiti; jointly, to the Committees on Foreign Affairs and
Rules.
By Mr. DINGELL (for himself, Mr. Moorhead, Mr. Swift,
and Mr. Oxley):
H.J. Res. 417. Joint resolution providing for temporary
extension of the application of the final paragraph of
section 10 of the Railway Labor Act with respect to the
dispute between the Soo Line Railroad Co. and certain of its
employees; to the Committee on Energy and Commerce.
By Mrs. LLOYD (for herself, Mr. Walsh, Mr. Slattery,
Mr. Dellums, Ms. Pelosi, Mr. Sawyer, Mr. Tanner, Mr.
Hochbrueckner, Mr. Farr, Mr. Gordon, Mr. Gutierrez,
Mr. McDermott, Mr. Cramer, Mr. Oberstar, Mr. Cooper,
Mr. Mazzoli, Mr. McCrery, Mr. Sangmeister, Mr.
Ballenger, Mr. Blute, Mr. Stearns, Ms. Danner, Mr.
Beilenson, Mr. Bateman, Mrs. Maloney, Mrs. Meek of
Florida, Mr. Mineta, Mrs. Vucanovich, Mr. Duncan, Mr.
Valentine, Mr. Brown of Ohio, Mr. Bevill, Mr. Roemer,
Mr. Dornan, and Mr. Studds):
H.J. Res. 418. Joint resolution designating October 19,
1994, as ``National Mammography Day''; to the Committee on
Post Office and Civil Service.
Para. 115.29 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 65: Mr. Cramer.
H.R. 746: Mr. Bachus of Alabama.
H.R. 1108: Mr. Calvert.
H.R. 1500: Ms. Margolies-Mezvinsky and Mr. Darden.
H.R. 1551: Mr. Chapman.
H.R. 1843: Mrs. Unsoeld.
H.R. 1945: Mr. Barcia of Michigan.
H.R. 2292: Mr. Hilliard, Mr. Jefferson, and Mr. Conyers.
H.R. 2305: Mr. Coppersmith.
H.R. 2340: Mr. Olver.
H.R. 2420: Mr. Olver, Mr. McDermott, Ms. Danner, and Mr.
Bishop.
H.R. 2512: Ms. Pryce of Ohio.
H.R. 2717: Mr. Cramer.
H.R. 2873: Mr. Gallo.
H.R. 2918: Mr. Dixon, Mr. McCloskey, Ms. Slaughter, Mr.
Lehman, and Mr. Lazio.
H.R. 2971: Mr. Payne of Virginia.
H.R. 3031: Mr. Burton of Indiana.
H.R. 3137: Mr. Richardson.
H.R. 3334: Mr. Rohrabacher.
H.R. 3488: Mr. Miller of Florida.
H.R. 3538: Ms. Slaughter.
H.R. 3739: Mr. Stump.
H.R. 3971: Mr. Duncan and Mr. McCandless.
H.R. 4091: Ms. Pelosi.
H.R. 4142: Mr. Swift.
H.R. 4416: Mr. Ehlers, Mr. Hilliard, Mr. Calvert, Mr.
Lightfoot, Mr. Johnson of South Dakota, Mr. Lewis of Georgia,
Mr. Condit, Mr. Pombo, Mr. Stenholm, Mr. Dooley, Mr. LaRocco,
and Mr. Barrett of Wisconsin.
H.R. 4507: Mr. Torkildsen.
H.R. 4557: Mr. Hastert.
H.R. 4574: Mr. Goodlatte.
H.R. 4710: Mr. Spratt, Mr. Edwards of California, Mr.
Gutierrez, Mr. Holden, Mr. Traficant, Mr. Washington, Mr.
Filner, Mr. Watt, Mr. Conyers, Mr. Yates, Mr. Kingston, Mr.
Nadler, Mr. Gonzalez, Mr. Miller of California, Mr. Brown of
Ohio, and Mr. Vento.
H.R. 4873: Mr. Sisisky.
H.R. 4874: Mr. Ridge, Mr. Frost, and Mrs. Unsoeld.
H.R. 4875: Mr. Hilliard, Mr. Frost, and Mr. Evans.
H.R. 4877: Mr. Johnson of South Dakota.
H.R. 4878: Ms. Eddie Bernice Johnson of Texas, Mr.
Hastings, and Mr. Gene Greene of Texas.
H.R. 4880: Mr. Frost.
H.R. 4887: Mr. Roth.
H.R. 4912: Mr. Ackerman, Mr. Andrews of New Jersey, Mr.
Berman, Mr. Borski, Mr. Barlow, Mr. Bilbray, Mr. Deutsch, Mr.
Dingell, Ms. Eshoo, Mr. Farr, Mr. Fazio, Mr. Sabo, Mr.
Sarpalius, Mr. Schumer, Mr. Slattery, Mr. Torricelli, Mr.
Whitten, Mr. Ford of Tennessee, and Mr. Blute.
H.R. 4995: Mr. Cooper and Mr. Moorhead.
H.R. 5014: Mr. Frost, Mr. Johnson of South Dakota, and Mr.
Evans.
H.R. 5032: Mr. Laughlin, Mr. Kopetski, Mr. Kingston, Mrs.
Unsoeld, and Mrs. Thurman.
H.R. 5062: Mr. Ewing, Ms. Pryce of Ohio, Mr. Tanner, Mr.
Royce, Mr. Stump, Mr. Boucher, Mr. Pickett, Mr. Weldon, Mr.
Brown of California, Mr. Goodling, Mr. Richardson, Mr.
Barrett of Wisconsin, Mr. Glickman, Mr. Lancaster, Mr. Minge,
Mr. Inglis of South Carolina, Mr. Skelton, Mr. Deal, and Mr.
Cooper.
H.R. 5068: Ms. Roybal-Allard.
H.R. 5110: Mr. Gibbons, Mr. Matsui, Mrs. Kennelly, Mr.
Levin, and Mr. Bacchus of Florida.
H.J. Res. 326: Mr. Pallone.
H.J. Res. 332: Mr. Gilchrest, Mr. Payne of New Jersey, Mr.
Frank of Massachusetts, Mr. Skelton, Mr. Knollenberg, Ms.
Norton, Mr. Gordon, Mr. Roberts, Mr. Rogers, and Mr.
Visclosky.
H.J. Res. 385: Mr. Martinez, Mr. Lipinski, and Mr. Burton
of Indiana.
H.J. Res. 389: Mr. Studds, Mr. Oxley, Mr. Deutsch, Mr.
Becerra, Mr. Brooks, Mr. Shaw, Mr. Farr, Mr. LaRocco, Mr.
Deal, Mr. Pomeroy, Mr. Johnson of South Dakota, Mr. Manton,
Mr. Ortiz, Mr. Knollenberg, Mr. Rush, Mr. Stupak, Mr.
Thornton, Mr. King, Mr. Castle, and Mr. Stark.
H.J. Res. 398: Mr. Minge, Mr. Herger, Mr. Lewis of
California, Mr. Bereuter, Mr. Serrano, Mr. Towns, Mr.
Hilliard, Mr. Matsui, Mr. Barca of Wisconsin, Mr. Franks of
Connecticut, Mr. DeFazio, Mr. Pickle, Mr. Lewis of Florida,
Mr. Rowland, Mr. Evans, Mr. Fields of Louisiana, Mr. Talent,
Mr. Michel, Mr. Shaw, Mr. Bliley, Mr. Meehan, Mr. Taylor of
Mississippi, Mr. Deutsch, Mr. Fish, Mr. Gekas, Mr.
Torkildsen, Mr. Johnson of South Dakota, Mr. Castle, Mr. Sam
Johnson, Ms. Norton, Mrs. Thurman, Mr. Hall of Ohio, Mr.
Poshard, Mr. Neal of North Carolina, Mr. Bilbray, Mr. Barlow,
Ms. Molinari, Mr. Rangel, Mr. Saxton, and Mr. Diaz-Balart.
H.J. Res. 401: Ms. Furse, Mr. Gejdenson, Ms. Eddie Bernice
Johnson of Texas, Mr. Kennedy, Mr. Kim, Mr. LaFalce, Mr.
McCrery, Mr. McHale, Mr. Mineta, Mr. Myers of Indiana, Mr.
Poshard, Mr. Roberts, Mr. Rose, Mr. Shaw, Mr. Stokes, Mr.
Studds, Mr. Whitten, Mr. Wilson, and Mr. Young of Alaska.
H. Con. Res. 19: Mr. Fingerhut.
H. Con. Res. 227: Mr. Crapo.
H. Con. Res. 286: Mr. Bateman, Mr. Emerson, Mr. Livingston,
Mrs. Meyers of Kansas, Mr. Rohrabacher, and Mr. Walker.
H. Res. 136: Mr. Barcia of Michigan.
H. Res. 519: Mr. Barrett of Nebraska.
H. Res. 546: Mr. Portman, Mr. Quinn, Mr. Cox, Mr.
McCandless, and Mr. Porter.
Para. 115.30 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 140: Mr. Shays.
H.R. 3222: Mr. Barcia of Michigan.
H.R. 4821: Mr. Lucas.
.
THURSDAY, SEPTEMBER 29, 1994 (116)
The House was called to order by the SPEAKER.
Para. 116.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Wednesday, September 28, 1994.
Mr. HEFLEY, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Mr. HEFLEY objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER, pursuant to clause 5, rule I, announced that the vote
would be postponed until later today.
The point of no quorum was considered as withdrawn.
Para. 116.2 communications
Under clause 2 of rule XXIV,
[[Page 2061]]
3886. A communication from the President of the United
States, transmitting the bimonthly report on progress toward
a negotiated solution of the Cyprus problem, including any
relevant reports from the Secretary General of the United
Nations, pursuant to 22 U.S.C. 2373(c); was taken from the
speaker's table and referred to the Committee on Foreign
Affairs.
Para. 116.3 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate agreed to the amendment of the House to the amendment of
the Senate to the bill (H.R. 995) ``An Act to amend title 38, United
States Code, to improve reemployment rights of veterans and other
benefits of employment of certain members of the uniformed services, and
for other purposes.''
The message also announced that the Senate had passed a bill of the
following title, in which the concurrence of the House is requested:
S. 2170. An Act to provide a more effective, efficient, and
responsive Government.
Para. 116.4 waiving points of order against the conference report on
h.r. 4650
Mr. FROST, by direction of the Committee on Rules, called up the
following resolution (H. Res. 554):
Resolved, That all points of order against the conference
report to accompany the bill (H.R. 4650) making
appropriations for the Department of Defense for the fiscal
year ending September 30, 1995, and for other purposes, and
against its consideration are waived.
When said resolution was considered.
After debate,
On motion of Mr. FROST, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 116.5 defense appropriations
Mr. MURTHA, pursuant to House Resolution 554, called up the following
conference report (Rept. No. 103-747):
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the Senate to the bill (H.R.
4650) making appropriations for the Department of Defense for
the fiscal year ending September 30, 1995, and for other
purposes, having met, after full and free conference, have
agreed to recommend and do recommend to their respective
Houses as follows:
That the Senate recede from its amendments numbered 25, 47,
56, 69, 71, 75, 88, 95, 98, 102, 103, 106, 109, 117, 130,
132, 133, 139, 140, 142, 148, 149, 164, and 215.
That the House recede from its disagreement to the
amendments of the Senate numbered 12, 15, 20, 22, 23, 27, 29,
31, 33, 35, 39, 40, 41, 45, 51, 53, 55, 59, 61, 63, 64, 65,
66, 67, 74, 78, 83, 85, 87, 90, 92, 99, 119, 120, 121, 122,
123, 124, 126, 128, 136, 137, 146, 150, 151, 153, 154, 156,
166, 170, 171, 173, 180, 181, 182, 184, 185, 186, 187, 191,
196, 197, 203, 205, 206, and 209, and agree to the same.
Amendment numbered 1:
That the House recede from its disagreement to the
amendment of the Senate numbered 1, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment insert: $20,609,770,000; and the Senate agree to
the same.
Amendment numbered 2:
That the House recede from its disagreement to the
amendment of the Senate numbered 2, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$17,569,137,000; and the Senate agree to the same.
Amendment numbered 3:
That the House recede from its disagreement to the
amendment of the Senate numbered 3, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$5,774,871,000; and the Senate agree to the same.
Amendment numbered 4:
That the House recede from its disagreement to the
amendment of the Senate numbered 4, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$17,181,479,000; and the Senate agree to the same.
Amendment numbered 5
That the House recede from its disagreement to the
amendment of the Senate numbered 5, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$2,161,620,000; and the Senate agree to the same.
Amendment numbered 6:
That the House recede from its disagreement to the
amendment of the Senate numbered 6, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$1,401,809,000; and the Senate agree to the same.
Amendment numbered 7:
That the House recede from its disagreement to the
amendment of the Senate numbered 7, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$348,748,000; and the Senate agree to the same.
Amendment numbered 8:
That the House recede from its disagreement to the
amendment of the Senate numbered 8, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$768,834,000; and the Senate agree to the same.
Amendment numbered 9:
That the House recede from its disagreement to the
amendment of the Senate numbered 9, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$3,339,505,000; and the Senate agree to the same.
Amendment numbered 10:
That the House recede from its disagreement to the
amendment of the Senate numbered 10, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$1,233,429,000; and the Senate agree to the same.
Amendment numbered 11:
That the House recede from its disagreement to the
amendment of the Senate numbered 11, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$17,507,088,000; and the Senate agree to the same.
Amendment numbered 13:
That the House recede from its disagreement to the
amendment of the Senate numbered 13, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment insert: : Provided, That of the funds appropriated
in this paragraph, not less than $388,599,000 shall be made
available only for conventional ammunition care and
maintenance: Provided further, That of the funds appropriated
in this paragraph, $5,800,000 shall be made available only
for the removal of equipment and the repair and restoration
of structures at the National Center for Toxicological
Research, Jefferson, Arkansas: Provided further, That of the
funds appropriated under this heading, not less than
$5,000,000 shall be made available only for payment to the
DoD 50th Anniversary of World War II Commemoration
Appropriation: Provided further, That of the funds
appropriated under this heading, $9,500,000 shall be made
available only to purchase an easement for use by the Army's
Schofield Barracks Military Reservation for the purpose of
waste water disposal: Provided further, That notwithstanding
Army Regulation 200-1, the Secretary of the Army may obligate
not to exceed $2,000,000 through the Army Corps of Engineers
to contribute to a multi-party remediation effort at the
Alaska Roundhouse site at Cordova, Alaska: Provided further,
That such funds may only be obligated to match contributions
made by other private, State or Municipal authorities to the
remediation effort; and the Senate agree to the same.
Amendment numbered 14:
That the House recede from its disagreement to the
amendment of the Senate numbered 14, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$21,054,470,000; and the Senate agree to the same.
Amendment numbered 16:
That the House recede from its disagreement to the
amendment of the Senate numbered 16, and agree to the same
with an amendment, as follows:
Delete the matter stricken and delete the matter inserted
by said amendment.
And the Senate agree to the same.
Amendment numbered 17:
That the House recede from its disagreement to the
amendment of the Senate numbered 17, and agree to the same
with an amendment, as follows:
After the word ``Provided'' named in said amendment delete
the word ``further'' and in lieu of the sum named in said
amendment insert: $45,874,000; and the Senate agree to the
same.
Amendment numbered 18:
That the House recede from its disagreement to the
amendment of the Senate numbered 18, and agree to the same
with an amendment, as follows:
In lieu of the matter inserted by said amendment insert: :
Provided further, That of the funds appropriated under this
heading, $46,300,000 shall be made available only for naval
shipyard modernization projects to remain available for
obligation until September 30, 1996; and the Senate agree to
the same.
Amendment numbered 19:
That the House recede from its disagreement to the
amendment of the Senate numbered 19, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$1,988,215,000; and the Senate agree to the same.
Amendment numbered 21:
That the House recede from its disagreement to the
amendment of the Senate numbered 21, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$18,763,427,000; and the Senate agree to the same.
Amendment numbered 24:
That the House recede from its disagreement to the
amendment of the Senate num-
[[Page 2062]]
bered 24, and agree to the same with an amendment, as
follows:
In lieu of the matter inserted by said amendment insert: :
Provided, That the Secretary of the Air Force may acquire all
right, title and interest of any party in and to two parcels
of real property, including improvements thereon, consisting
of approximately 27 acres, located near King Salmon Air Force
Station: Provided further, That this authority may be
exercised only for the purpose of conducting a response
action in accordance with the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9601-
9675) and the Air Force Installation Restoration Program; and
the Senate agree to the same.
Amendment numbered 26:
That the House recede from its disagreement to the
amendment of the Senate numbered 26, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment insert: $10,500,104,000; and the Senate agree to
the same.
Amendment numbered 28:
That the House recede from its disagreement to the
amendment of the Senate numbered 28, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$1,243,209,000; and the Senate agree to the same.
Amendment numbered 30:
That the House recede from its disagreement to the
amendment of the Senate numbered 30, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$831,219,000; and the Senate agree to the same.
Amendment numbered 32:
That the House recede from its disagreement to the
amendment of the Senate numbered 32, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$81,862,000; and the Senate agree to the same.
Amendment numbered 34:
That the House recede from its disagreement to the
amendment of the Senate numbered 34, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$1,471,505,000; and the Senate agree to the same.
Amendment numbered 36:
That the House recede from its disagreement to the
amendment of the Senate numbered 36, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$2,440,288,000; and the Senate agree to the same.
Amendment numbered 37:
That the House recede from its disagreement to the
amendment of the Senate numbered 37, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended to
read as follows: : Provided, That of the funds appropriated
in this paragraph, $10,000,000 shall be made available only
for a National Guard Outreach Program in the Los Angeles
School District; and the Senate agree to the same.
Amendment numbered 38:
That the House recede from its disagreement to the
amendment of the Senate numbered 38, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$2,772,928,000; and the Senate agree to the same.
Amendment numbered 42:
That the House recede from its disagreement to the
amendment of the Senate numbered 42, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$1,780,200,000; and the Senate agree to the same.
Amendment numbered 43:
That the House recede from its disagreement to the
amendment of the Senate numbered 43, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment insert:
Summer Olympics
For logistical support and personnel services (other than
pay and non-travel-related allowances of members of the Armed
Forces of the United States, except for members of the
reserve components thereof called or ordered to active duty
to provide support for the 1996 Games of the XXVI Olympiad
and the X Paralympiad to be held in Atlanta, Georgia)
provided by any component of the Department of Defense to the
1996 Games of the XXVI Olympiad and the X Paralympiad;
$14,400,000: Provided, That funds appropriated under this
heading shall remain available for obligation until September
30, 1997.
1995 Special Olympics World Games
For logistical support and personnel services (other than
pay and non-travel-related allowances of members of the Armed
Forces of the United States, except for members of the
reserve components thereof called or ordered to active duty
to provide support for the 1995 Special Olympics World Games
to be held in New Haven, Connecticut) provided by any
component of the Department of Defense to the 1995 Special
Olympics World Games; $3,000,000.
And the Senate agree to the same.
Amendment numbered 44:
That the House recede from its disagreement to the
amendment of the Senate numbered 44, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$65,000,000; and the Senate agree to the same.
Amendment numbered 46:
That the House recede from its disagreement to the
amendment of the Senate numbered 46, and agree to the same
with an amendment, as follows:
In lieu of the matter inserted by said amendment insert:
FORMER SOVIET UNION THREAT REDUCTION
For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure
transportation and storage of nuclear, chemical and other
weapons; for providing incentives for demilitarization; for
establishing programs to prevent the proliferation of
weapons, weapons components, and weapons-related technology
and expertise; for programs relating to the training and
support of defense and military personnel for
demilitarization and protection of weapons, weapons
components and weapons technology and expertise; for
supporting the demilitarization of military technologies and
production infrastructure; $400,000,000 to remain available
until expended: Provided, That of the funds appropriated
under this heading, $10,000,000 shall be made available only
for the continuing study, assessment, and identification of
nuclear waste disposal by the former Soviet Union in the
Arctic and North Pacific regions.
And the Senate agree to the same.
Amendment numbered 48:
That the House recede from its disagreement to the
amendment of the Senate numbered 48, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$1,063,164,000; and the Senate agree to the same.
Amendment numbered 49:
That the House recede from its disagreement to the
amendment of the Senate numbered 49, and agree to the same
with an amendment, as follows:
In lieu of the matter inserted by said amendment insert: :
Provided, That the Secretary of the Army will report to the
House and Senate Committees on Appropriations on the concept,
organization, requirements, and mission need documents for
the High Capacity Air Ambulance, utilizing low cost fixed
wing aircraft, no later than April 15, 1995; and the Senate
agree to the same.
Amendment numbered 50:
That the House recede from its disagreement to the
amendment of the Senate numbered 50, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$813,795,000; and the Senate agree to the same.
Amendment numbered 52:
That the House recede from its disagreement to the
amendment of the Senate numbered 52, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$1,151,914,000; and the Senate agree to the same.
Amendment numbered 54:
That the House recede from its disagreement to the
amendment of the Senate numbered 54, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$1,181,221,000; and the Senate agree to the same.
Amendment numbered 57:
That the House recede from its disagreement to the
amendment of the Senate numbered 57, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$2,673,148,000; and the Senate agree to the same.
Amendment numbered 58:
That the House recede from its disagreement to the
amendment of the Senate numbered 58, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$4,627,645,000; and the Senate agree to the same.
Amendment numbered 60:
That the House recede from its disagreement to the
amendment of the Senate numbered 60, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$2,159,080,000; and the Senate agree to the same.
Amendment numbered 62:
That the House recede from its disagreement to the
amendment of the Senate numbered 62, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment insert: $417,779,000; and the Senate agree to the
same.
Amendment numbered 68:
That the House recede from its disagreement to the
amendment of the Senate numbered 68, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended to
read as follows:
Nuclear submarine main steam condenser industrial base,
$1,000,000; ; and the Senate agree to the same.
Amendment numbered 70:
That the House recede from its disagreement to the
amendment of the Senate numbered 70, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$377,521,000 ; and the Senate agree to the same.
Amendment numbered 72:
That the House recede from its disagreement to the
amendment of the Senate numbered 72, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$5,412,464,000; and the Senate agree to the same.
[[Page 2063]]
Amendment numbered 73:
That the House recede from its disagreement to the
amendment of the Senate numbered 73, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$3,329,171,000; and the Senate agree to the same.
Amendment numbered 76:
That the House recede from its disagreement to the
amendment of the Senate numbered 76, and agree to the same
with an amendment, as follows:
In lieu of the sum named in said amendment insert:
$23,900,000; and the Senate agree to the same.
Amendment numbered 77:
That the House recede from its disagreement to the
amendment of the Senate numbered 77, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$422,410,000; and the Senate agree to the same.
Amendment numbered 79:
That the House recede from its disagreement to the
amendment of the Senate numbered 79, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$6,379,962,000 ; and the Senate agree to the same.
Amendment numbered 80:
That the House recede from its disagreement to the
amendment of the Senate numbered 80, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended to
read as follows: Provided, That the Department of the Air
Force shall initiate procurement of non-developmental airlift
aircraft no later than September 30, 1995; and the Senate
agree to the same.
Amendment numbered 81:
That the House recede from its disagreement to the
amendment of the Senate numbered 81, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$3,650,262,000; and the Senate agree to the same.
Amendment numbered 82:
That the House recede from its disagreement to the
amendment of the Senate numbered 82, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$288,401,000; and the Senate agree to the same.
Amendment numbered 84:
That the House recede from its disagreement to the
amendment of the Senate numbered 84, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$6,965,201,000; and the Senate agree to the same.
Amendment numbered 86:
That the House recede from its disagreement to the
amendment of the Senate numbered 86, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$2,088,230,000; and the Senate agree to the same.
Amendment numbered 89:
That the House recede from its disagreement to the
amendment of the Senate numbered 89, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$800,000,000; and the Senate agree to the same.
Amendment numbered 91:
That the House recede from its disagreement to the
amendment of the Senate numbered 91, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$5,521,413,000; and the Senate agree to the same.
Amendment numbered 93:
That the House recede from its disagreement to the
amendment of the Senate numbered 93, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$8,796,168,000; and the Senate agree to the same.
Amendment numbered 94:
That the House recede from its disagreement to the
amendment of the Senate numbered 94, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended to
read as follows: : Provided, That for continued research and
development programs at the National Center for Physical
Acoustics, centering on the ocean acoustics as it applies to
advanced antisubmarine warfare acoustics issues with focus on
ocean bottom acoustics, seismic coupling, sea- surface and
bottom scattering, oceanic ambient noise, acoustically active
surfaces, machinery noise, propagation physics, solid state
acoustics, electrorheological fluids, transducer development,
ultrasonic sensors, and other such projects as may be agreed
upon, $1,000,000 shall be made available, as a grant, to the
Mississippi Resource Development Corporation, of which not to
exceed $250,000 of such sum may be used to provide special
equipment as may be required for particular projects:
Provided further, That none of the funds appropriated in this
paragraph may be obligated or expended to develop or purchase
equipment for an Aegis destroyer variant (commonly known as
``Flight IIA'') whose initial operating capability is
budgeted to be achieved prior to the initial operating
capability of the Ship Self-Defense program, nor to develop
sensor, processor, or display capabilities which duplicate in
any way those being developed in the Ship Self-Defense
program: Provided further, That funds appropriated in this
paragraph for development of the LPD-17 ship may not be
obligated unless the baseline design of the ship includes
cooperative engagement capability and sufficient own-ship
self-defense capability against advanced sea-skimming
antiship cruise missiles in the baseline design to achieve an
estimated probability of survival from attack by such
missiles at a level no less than any other Navy ship; and the
Senate agree to the same.
Amendment numbered 96:
That the House recede from its disagreement to the
amendment of the Senate numbered 96, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$12,202,572,000; and the Senate agree to the same.
Amendment numbered 97:
That the House recede from its disagreement to the
amendment of the Senate numbered 97, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment insert: : Provided, That not less than $12,000,000
of the funds appropriated in this paragraph shall be made
available only for the Joint Seismic Program and Global
Seismic Network administered by the Incorporated Research
Institutions for Seismology: Provided further, That not less
than $20,000,000 of the funds appropriated in this paragraph
shall be made available only for the National Center for
Manufacturing Sciences: Provided further, That not less than
$13,000,000 of the funds appropriated in this paragraph shall
be made available only to continue the establishment and
operation of an image information processing center
supporting the Air Force Maui Space Surveillance Site; and
the Senate agree to the same.
Amendment numbered 100:
That the House recede from its disagreement to the
amendment of the Senate numbered 100, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$9,099,387,000; and the Senate agree to the same.
Amendment numbered 101:
That the House recede from its disagreement to the
amendment of the Senate numbered 101, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment insert: : Provided, That not less than $75,000,000
of the funds appropriated in this paragraph shall be made
available only for the Sea-Based Wide Area Defense (Navy
Upper-Tier) program: Provided further, That $50,000,000 shall
be made available only to cover the costs (as defined in
section 502(5) of the Federal Credit Reform Act of 1990 (2
U.S.C. 661a(5))) of loan guarantees issued pursuant to
subsection (b) (3) of such section: Provided further, That of
the funds appropriated in this paragraph, $15,000,000 shall
be transferred to the Department of Energy to address
environmental restoration and management needs through the
Center for Bioenvironmental Research: Provided further, That
not less than $20,000,000 of the funds appropriated in this
paragraph shall be made available only for an Experimental
Program to Stimulate Competitive Research (EPSCOR) in the
Department of Defense which shall include all states eligible
as of the date of enactment of this Act for the National
Science Foundation Experimental Program to Stimulate
Competitive Research; and the Senate agree to the same.
Amendment numbered 104:
That the House recede from its disagreement to the
amendment of the Senate numbered 104, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$238,003,000; and the Senate agree to the same.
Amendment numbered 105:
That the House recede from its disagreement to the
amendment of the Senate numbered 105, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$945,238,000; and the Senate agree to the same.
Amendment numbered 107:
That the House recede from its disagreement to the
amendment of the Senate numbered 107, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$724,400,000; and the Senate agree to the same.
Amendment numbered 108:
That the House recede from its disagreement to the
amendment of the Senate numbered 108, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment insert: . Provided, That $25,000,000 shall be
transferred to the Secretary of Transportation for title XI
loan guarantees: Provided further, That none of the funds
provided in this paragraph shall be used to award a new
contract that provides for the acquisition of any of the
following major components unless such components are
manufactured in the United States: auxiliary equipment,
including pumps, for all ship-board services; propulsion
system components (that is; engines, reduction gears, and
propellers); shipboard cranes; and spreaders for shipboard
cranes: Provided further, That the exercise of an option in a
contract awarded through the obligation of previously
appropriated funds shall not be considered to be the award of
a new contract: Provided further, That the Secretary of the
military department responsible for such procurement may
waive this restriction on a case-by-case basis by certifying
in writing to the Committees on Appropriations of the House
of Representatives and the Senate, that adequate domestic
supplies are not available to meet Department of
[[Page 2064]]
Defense requirements on a timely basis and that such an
acquisition must be made in order to aquire capability for
national security purposes: Provided further, That not to
exceed $43,000,000 may be used for the purchase or
construction of vessels for the Ready Reserve Force component
of the National Defense Reserve Fleet, as established by
section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C.
App. 1744): Provided further, That $110,000,000 may be used
for the acquisition and conversion of one maritime
prepositioning ship for use by the Marine Corps MPS
Enhancement Program, and notwithstanding any other provision
of law, that such conversion shall be performed in a United
States shipyard; and the Senate agree to the same.
Amendment numbered 110:
That the House recede from its disagreement to the
amendment of the Senate numbered 110, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$9,930,759,000; and the Senate agree to the same.
Amendment numbered 111:
That the House recede from its disagreement to the
amendment of the Senate numbered 111, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$9,601,170,000; and the Senate agree to the same.
Amendment numbered 112:
That the House recede from its disagreement to the
amendment of the Senate numbered 112, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$329,589,000; and the Senate agree to the same.
Amendment numbered 113:
That the House recede from its disagreement to the
amendment of the Senate numbered 113, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment insert: : Provided further, That of the funds
appropriated under this heading, $5,000,000 shall be made
available only for nursing research: Provided further, That
of the funds appropriated under this heading, $14,500,000
shall be made available for obtaining emergency
communications services for members of the Armed Forces and
their families from the American National Red Cross as
authorized by law: Provided further, That until the end of
September 30, 1995, the Secretary of the Air Force shall,
through contract or otherwise, continue to provide health
care in the base hospital at Plattsburgh Air Force Base, New
York, to persons entitled to health care in facilities of the
uniformed services: Provided further, That of the funds
appropriated under this heading, not more than $3,400,000
shall be made available to permit private sector or non-
federal physicians, who have used and will use the
antibacterial treatment method based upon the excretion of
dead and decaying spherical bacteria, to work in conjunction
with the Walter Reed Army Medical Center on a treatment
protocol and related studies for Desert Storm Syndrome-
affected veterans; and the Senate agree to the same.
Amendment numbered 114:
That the House recede from its disagreement to the
amendment of the Senate numbered 114, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$575,449,000; and the Senate agree to the same.
Amendment numbered 115:
That the House recede from its disagreement to the
amendment of the Senate numbered 115, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$355,784,000; and the Senate agree to the same.
Amendment numbered 116:
That the House recede from its disagreement to the
amendment of the Senate numbered 116, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$198,965,000; and the Senate agree to the same.
Amendment numbered 118:
That the House recede from its disagreement to the
amendment of the Senate numbered 118, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment insert: $721,266,000, of which $10,000,000 is
hereby transferred to the ``Military Construction, Navy''
appropriation for construction of a Relocatable Over-the-
Horizon Radar in Puerto Rico: Provided, That section 9136 of
Public Law 102-396 is amended by adding the words
``purchasing or'' before the word ``leasing'' and by changing
the designation ``T-47'' to ``OT-47B''; and the Senate agree
to the same.
Amendment numbered 125:
That the House recede from its disagreement to the
amendment of the Senate numbered 125, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$92,684,000; and the Senate agree to the same.
Amendment numbered 127:
That the House recede from its disagreement to the
amendment of the Senate numbered 127, and agree to the same
with an amendment, as follows:
In lieu of the matter inserted by said amendment insert:
Funds appropriated in title III of this Act may be used for
multiyear procurement contracts as follows:
MK19-3 grenade machine guns;
M16A2 rifles;
M249 Squad Automatic Weapons;
M4 carbine rifles.
And the Senate agree to the same.
Amendment numbered 129:
That the House recede from its disagreement to the
amendment of the Senate numbered 129, and agree to the same
with an amendment, as follows:
Restore the matter stricken and retain the matter inserted
by said amendment, amended as follows:
Amend the matter retained by said amendment as follows:
In lieu of the section number named in said retained matter
insert: 8013A; and the Senate agree to the same.
Amendment numbered 131:
That the House recede from its disagreement to the
amendment of the Senate numbered 131, and agree to the same
with an amendment, as follows:
Restore the matter stricken and retain the matter inserted
by said amendment, amended as follows:
In lieu of the matter restored by said amendment insert:
Sec. 8021. All new Department of Defense procurements shall
separately identify software costs in the work breakdown
structure defined by MIL-STD-881 in those instances where
software is considered to be a major category of cost.
And further
Amend the matter retained by said amendment as follows:
In lieu of section number ``8021'' named in said retained
matter insert: 8021A; and the Senate agree to the same.
Amendment numbered 134:
That the House recede from its disagreement to the
amendment of the Senate numbered 134, and agree to the same
with an amendment, as follows:
Restore the matter stricken and retain the matter inserted
by said amendment, amended as follows:
Amend the matter restored by said amendment as follows:
In lieu of the sum named in said restored matter insert:
$203,736,000; and further
Amend the matter retained by said amendment as follows:
In lieu of section number ``8025'' named in said retained
matter insert: 8025A; and the Senate agree to the same.
Amendment numbered 135:
That the House recede from its disagreement to the
amendment of the Senate numbered 135, and agree to the same
with an amendment, as follows:
Restore the matter stricken and retain the matter inserted
by said amendment, amended as follows:
Amend the matter retained by said amendment as follows:
In lieu of the section number named in said retained matter
insert: 8026A.
After the words ``not apply to handguns'' named in said
retained matter insert: and ammunition; and the Senate agree
to the same.
Amendment numbered 138:
That the House recede from its disagreement to the
amendment of the Senate numbered 138, and agree to the same
with an amendment, as follows:
Restore the matter stricken and retain the matter inserted
by said amendment, amended as follows:
Amend the matter retained by said amendment as follows:
In lieu of the section number named in said retained matter
insert: 8041A; and the Senate agree to the same.
Amendment numbered 141:
That the House recede from its disagreement to the
amendment of the Senate numbered 141, and agree to the same
with an amendment, as follows:
Restore the matter stricken and retain the matter inserted
by said amendment, amended as follows:
Amend the matter retained by said amendment as follows:
In lieu of the section number named in said retained matter
insert: 8050A; and the Senate agree to the same.
Amendment numbered 143:
That the House recede from its disagreement to the
amendment of the Senate numbered 143, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment insert:
Sec. 8054. (a) Funds appropriated in this Act to finance
activities of Department of Defense (DoD) Federally Funded
Research and Development Centers (FFRDCs) may not be
obligated or expended for a FFRDC if a member of its Board of
Directors or Trustees simultaneously serves on the Board of
Directors or Trustees of a profit-making company under
contract to the Department of Defense unless the FFRDC has a
DoD approved conflict of interest policy for its members.
(b) None of the funds appropriated in this Act are
available to establish a new FFRDC, either as a new entity,
or as a separate entity administered by an organization
managing another FFRDC, or as a nonprofit membership
corporation consisting of a consortium of other FFRDCs and
other nonprofit entities.
(c) The Secretary of Defense may not obligate more than
one-half of the funds available for each defense FFRDC, and
more than one-half of the total amount available for defense
FFRDCs, until the congressional defense committees receive
the annual funding ceilings for fiscal year 1995 for each
defense FFRDC and each subcomponent of a defense FFRDC
identified as a separate sub-entity due to the significantly
unique nature of its functions.
(d) Limitation on Compensation. No employee or executive
officer of a defense FFRDC may be compensated at a rate
exceeding Executive
[[Page 2065]]
Schedule Level I by that FFRDC: Provided, That the
restriction contained in this subsection shall not take
effect until July 1, 1995.
(e) Limitation on Compensation. No member of a Board of
Directors, Trustees, Overseers, Advisory Group, Special
Issues Panel, Visiting Committee, or any similar entity of a
defense FFRDC may be compensated for his or her services as a
member of such entity except under the same conditions, and
to the same extent, as members of the Defense Science Board:
Provided, That a member of any such entity shall be allowed
travel expenses and per diem as authorized under the Federal
Joint Travel Regulations, when engaged in the performance of
membership duties: Provided further, That the restriction
contained in this subsection shall not take effect until July
1, 1995.
(f) Notwithstanding any other provision of law, none of the
funds available to the Department of Defense from any source
during fiscal year 1995 may be used by a defense FFRDC,
through a fee or other payment mechanism, for charitable
contributions, for construction of new buildings, for payment
of cost sharing for projects funded by government grants, or
for absorption of contract overruns.
(g) Notwithstanding any other provision of law, of the
amounts available to the Department of Defense during fiscal
year 1995, not more than $1,252,650,000 may be obligated for
financing activities of FFRDCs: Provided, That the total
amount appropriated in title IV of this Act is hereby reduced
by $100,000,000 to reflect the funding ceiling contained in
this subsection.
(h) The total amount appropriated to or for the use of the
Department of Defense in title IV of this Act is reduced by
an additional $251,534,000 to reflect savings from the
decreased use of non-FFRDC consulting services by the
Department of Defense.
(i) The total amount appropriated to or for the use of the
Department of Defense in title IV of this Act is reduced by
an additional $19,055,000 to reflect savings from the
decreased use of major non-profit federally-funded research
institutions and university-affiliated research centers by
the Department of Defense.
And the Senate agree to the same.
Amendment numbered 144:
That the House recede from its disagreement to the
amendment of the Senate numbered 144, and agree to the same
with an amendment, as follows:
Restore the matter stricken and retain the matter inserted
by said amendment, amended as follows:
Amend the matter retained by said amendment as follows:
In lieu of the section number named in said retained matter
insert: 8055A; and the Senate agree to the same.
Amendment numbered 145:
That the House recede from its disagreement to the
amendment of the Senate numbered 145, and agree to the same
with an amendment, as follows:
Restore the matter stricken and retain the matter inserted
by said amendment, amended as follows:
Amend the matter retained by said amendment as follows:
In lieu of the section number named in said retained matter
insert: 8058A, and further
On page 77, line 12, of the House engrossed bill, H.R.
4650, strike out ``$2,000,000'' and insert in lieu thereof:
$1,000,000; and the Senate agree to the same.
Amendment numbered 147:
That the House recede from its disagreement to the
amendment of the Senate numbered 147, and agree to the same
with an amendment, as follows:
Restore the matter stricken and retain the matter inserted
by said amendment, amended as follows:
Amend the matter retained by said amendment as follows:
In lieu of the section number named in said retained matter
insert: 8064A; and the Senate agree to the same.
Amendment numbered 152:
That the House recede from its disagreement to the
amendment of the Senate numbered 152, and agree to the same
with an amendment, as follows:
Restore the matter stricken and retain the matter inserted
by said amendment, amended as follows:
Amend the matter retained by said amendment as follows:
In lieu of the section number named in said retained matter
insert: 8075A; and the Senate agree to the same.
Amendment numbered 155:
That the House recede from its disagreement to the
amendment of the Senate numbered 155, and agree to the same
with an amendment, as follows:
Restore the matter stricken and retain the matter inserted
by said amendment, amended as follows:
In lieu of the matter retained by said amendment insert:
Sec. 8081A. In addition to amounts appropriated or
otherwise made available by this Act, $67,000,000 is hereby
appropriated and shall be made available only for liquidating
deficiencies in the amounts specified in the appropriations
``National Guard Personnel, Army, 1993'', $55,000,000; and
``Reserve Personnel, Army, 1993'', $12,000,000.
And the Senate agree to the same.
Amendment numbered 157:
That the House recede from its disagreement to the
amendment of the Senate numbered 157, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment insert:
Sec. 8090. Notwithstanding any other provision of law,
funds appropriated in this Act for the High Performance
Computing Modernization Program shall be made available only
for the upgrade, purchase, or modernization of supercomputing
capability and capacity at Department of Defense (DoD)
science and technology sites under the cognizance of the
Director of Defense Research and Engineering and DoD test and
evaluation facilities under the Director of Test and
Evaluation, OUSD (A&T): Provided, That the contracts,
contract modifications, contract options, or other agreements
are awarded as the result of full and open competition based
upon the requirements of the user.
And the Senate agree to the same.
Amendment numbered 158:
That the House recede from its disagreement to the
amendment of the Senate numbered 158, and agree to the same
with an amendment, as follows:
Restore the matter stricken and retain the matter inserted
by said amendment, amended as follows:
Amend the matter restored by said amendment as follows:
In lieu of the number ``75'' named in said restored matter
in two instances insert: 50 , and further
Amend the matter retained by said amendment as follows:
In lieu of the section number named in said retained matter
insert: 8093A; and the Senate agree to the same.
Amendment numbered 159:
That the House recede from its disagreement to the
amendment of the Senate numbered 159, and agree to the same
with an amendment, as follows:
Restore the matter stricken and retain the matter inserted
by said amendment, amended as follows:
Amend the matter retained by said amendment as follows:
In lieu of the section number named in said retained matter
insert: 8094A; and the Senate agree to the same.
Amendment numbered 160:
That the House recede from its disagreement to the
amendment of the Senate numbered 160, and agree to the same
with an amendment, as follows:
In lieu of the sum named in said amendment insert:
$75,000,000; and the Senate agree to the same.
Amendment numbered 161:
That the House recede from its disagreement to the
amendment of the Senate numbered 161, and agree to the same
with an amendment, as follows:
Restore the matter stricken and retain the matter inserted
by said amendment, amended as follows:
Amend the matter retained by said amendment as follows:
In lieu of the section number named in said retained matter
insert: 8097A; and the Senate agree to the same.
Amendment numbered 162:
That the House recede from its disagreement to the
amendment of the Senate numbered 162, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment insert:
(Transfer of Funds)
Sec. 8099. Upon enactment of this Act, the Secretary of
Defense shall make the following transfers of funds:
Provided, That the amounts transferred shall be available for
the same purposes as the appropriations to which transferred,
and for the same time period as the appropriation from which
transferred: Provided further, That the amounts shall be
transferred between the following appropriations in the
amounts specified:
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1986/1990'':
CG-47 cruiser program, $6,000.000;
LSD-41 landing ship dock program, $1,700,000;
T-AGOS ocean surveillance ship program, $5,000,000;
For craft, outfitting, post delivery, and cost growth,
$2,438,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1986/1990'':
SSN-688 attack submarine program, $11,719,000;
MSH coastal mine hunter program, $3,419,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1987/1991'':
Trident ballistic missile submarine program, $650,000;
DDG-51 destroyer program, $633,000;
CG-47 cruiser program, $283,000;
T-AO fleet oiler program, $2,800,000;
AO conversion program, $400,000;
For craft, outfitting, and post delivery, $5,900,000;
Weapons Procurement, Navy, 1993/1995, $18,069,000;
National Guard and Reserve Equipment, 1994/1996,
$5,145,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1987/1991'':
SSN-688 attack submarine program, $18,496,000;
AOE fast combat support ship program, $15,384,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1988/1992'':
CG-47 cruiser program, $15,351,000;
LSD-41 cargo variant ship program, $4,773,000;
LHD-1 amphibious assault ship program, $7,028,000;
AO conversion program, $1,900,000;
Aircraft Procurement, Navy, 1993/1995, $100,642,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1988/1992'':
[[Page 2066]]
TRIDENT ballistic missile submarine program, $6,035,000;
SSN-688 attack submarine program, $19,659,000;
CVN nuclear aircraft carrier program, $104,000,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1989/1993'':
LHD-41 amphibious assault ship program, $3,400,000;
T-AO fleet oiler program, $3,488,000;
T-AGOS surveillance ship program, $3,197,000;
AO conversion program, $1,300,000;
Weapons Procurement, Navy, 1993/1995, $178,000;
Other Procurement, Navy, 1993/1995, $22,400,000;
Research, Development, Test and Evaluation, Navy, 1994/
1995, $41,700,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1989/1993'':
SSN-688 attack submarine program, $18,939,000;
SSN-21 attack submarine program, $37,123,000;
MHC coastal mine hunter program, $1,700,000;
AOE combat support ship program, $17,901,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1990/1994'':
TRIDENT ballistic submarine program, $2,400,000;
Aircraft carrier service life extension program, $346,000;
MCM mine countermeasures program, $657,000;
Oceanographic ship program, $3,964,000;
LCAC landing craft air cushion program, $1,188,000;
Aircraft Procurement, Navy, 1993/1995, $6,000,000;
Weapons Procurement, Navy, 1993/1995, $6,753,000;
Other Procurement, Navy, 1994/1996, $1,297,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1990/1994'':
SSN-688 attack submarine program, $9,046,000;
MHC coastal mine hunter program, $3,575,000;
AOE combat support ship program, $9,984,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1991/1995'':
TRIDENT ballistic missile submarine program, $39,500,000;
DDG-51 destroyer program, $8,200,000;
LSD-41 dock landing ship cargo variant ship program,
$22,427,000;
Aircraft Procurement, Navy, 1994/1996, $17,000,000;
Other Procurement, Navy, 1994/1996, $666,000;
Procurement, Marine Corps, 1993/1995, $6,600,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1991/1995'':
SSN-21 attack submarine program, $48,240,000;
LHD-1 amphibious assault ship program, $43,600,000;
MHC coastal mine hunter program, $2,553,000;
From:
Aircraft Procurement, Navy, 1993/1995, $42,000,000;
Other Procurement, Navy, 1994/1996, $29,261,000;
National Guard and Reserve Equipment, 1994/1996,
$5,183,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1992/1996'':
DDG-51 destroyer program, $64,958,000;
MHC coastal mine hunter program, $11,486,000;
From:
Weapons Procurement, Navy, 1993/1995, $30,000,000;
Other Procurement, Navy, 1994/1996, $38,438,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1993/1997'':
DDG-51 destroyer program, $26,894,000;
LSD-41 cargo variant ship program, $5,663,000;
MHC coastal mine hunter program, $7,615,000;
AOE combat support ship program, $28,266,000;
From:
Weapons Procurement, Navy, 1994/1996, $14,000,000;
Other Procurement, Navy, 1994/1996, $763,000;
National Guard and Reserve Equipment, 1994/1996,
$4,672,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1994/1998'':
LHD-1 amphibious assault ship program, $15,131,000;
Oceanographic ship program, $4,304,000.
And the Senate agree to the same.
Amendment numbered 163:
That the House recede from its disagreement to the
amendment of the Senate numbered 163, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment insert:
Sec. 8101. Not later than May 1, 1995, the Secretary of
Defense shall submit to the Committees on Appropriations of
the House and Senate an independent cost effectiveness study
of Air Force bomber programs: Provided, That of the total
amounts available to the Department of Defense for financing
the activities of defense federally funded research and
development centers during fiscal year 1995, $4,500,000 shall
be made available within 30 days after the enactment of this
Act for the purposes of the aforementioned study.
And the Senate agree to the same.
Amendment numbered 165:
That the House recede from its disagreement to the
amendment of the Senate numbered 165, and agree to the same
with an amendment, as follows:
Restore the matter stricken and retain the matter inserted
by said amendment, amended as follows:
In lieu of the matter restored by said amendment insert:
(including transfer of funds)
Sec. 8104. Balances of the funds appropriated in Public
Laws 102-172, 102-396, and 103-139, under the headings
``World University Games'', ``Summer Olympics'', and ``World
Cup USA 1994'' in title II of those Acts shall be merged with
the appropriation heading entitled ``Summer Olympics''
appearing under title II of this Act and shall be available
only for purposes described under that heading.
And further
Amend the matter retained by said amendment as follows:
In lieu of the section number named in said retained matter
insert: 8104A; and the Senate agree to the same.
Amendment numbered 167:
That the House recede from its disagreement to the
amendment of the Senate numbered 167, and agree to the same
with an amendment, as follows:
Restore the matter stricken and retain the matter inserted
by said amendment, amended as follows:
In lieu of the matter restored by said amendment insert:
Sec. 8106. (a) None of the funds made available by this Act
may be obligated for design, development, acquisition, or
operation of more than 47 Titan IV expendable launch
vehicles, or for satellite mission-model planning for a Titan
IV requirement beyond 47 vehicles.
(b) Of the funds provided in the Department of Defense
Appropriations Act, 1994 (Public Law 103-139), the Secretary
of Defense shall transfer a total of $60,000,000 to the
National Aeronautics and Space Administration (NASA):
Provided, That of that amount, $25,000,000 shall be
transferred from Procurement, Defense-Wide, 1994/1996, and
shall only be used for LANDSAT 7: Provided further, That of
that amount, $35,000,000 shall be transferred from Research,
Development, Test and Evaluation, Defense-Wide, 1994/1995,
and shall only be used for Single-Stage-to-Orbit research and
development at Phillips Laboratory, Albuquerque, New Mexico
and, pursuant to the President's call for a supporting role
for DOD in this technology, the funds shall be used in
activities to support NASA-led construction of an Advanced
Technology Demonstrator X-vehicle and to finish the original
flight test program of the DC-X1 test vehicle.
(c) $30,000,000 made available in this Act for Research,
Development, Test and Evaluation, Air Force and $10,000,000
made available in the Department of Defense Appropriations
Act, 1994 (Public Law 103-139) for Research, Development,
Test and Evaluation, Defense-Wide, 1994/1995, may only be
obligated for development of a new family of medium-lift and
heavy-lift expendable launch vehicles evolved from existing
technologies: Provided, That the $30,000,000 in fiscal year
1995 funds shall not be available for obligation until the
Secretary of Defense submits a detailed plan describing the
proposed development program for the new family of expendable
launch vehicles.
And further
Amend the matter retained by said amendment as follows:
In lieu of section number ``8106'' named in said retained
matter insert: 8106A.
After the words ``(10 U.S.C. Sec. 1175) payments if
rehired'' named in said retained matter insert: in a civilian
position; and the Senate agree to the same.
Amendment numbered 168:
That the House recede from its disagreement to the
amendment of the Senate numbered 168, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment insert:
Sec. 8107. Notwithstanding any other provision of law, of
the funds appropriated to the Department of the Navy for
Operation and Maintenance, not less than $4,500,000 shall be
obligated and expended only for operation and maintenance,
automatic data processing equipment, transition assistance or
in-house central design development and activities for the
Naval Reserve Force Information Systems Office, the Naval
Reserve Personnel Center, the Enlisted Personnel Management
Center, and the collocated Naval Computer and
Telecommunications Station: Provided, That notwithstanding
any other provision of law, of the funds appropriated to the
Department of Defense for Procurement and Operation and
Maintenance, Defense-Wide not less than $18,000,000 shall be
obligated and expended only for automatic data processing
equipment or software, in-house central design development
and activities, and transition assistance for the Naval
Reserve Force Information Systems Office, the Naval Reserve
Personnel Center, the Enlisted Personnel Management Center
and the collocated Naval Computer and Telecommunications
Station, of which $8,000,000 shall be available in
procurement funds and $5,000,000 shall be available in
operation and maintenance funds only for the establishment of
a Continuity of Operations (COOP) center that shall be
collocated with the Naval Reserve Force Information Systems
Office, the Enlisted Personnel Management Center, and the
collocated Naval Computer and Telecommunications Station for
the contingency preservation of computer data for the
Department of Defense Data and Megacenter consolidation
initiative: Provided further, That the Secretary of the Navy
shall establish the Naval Reserve Force Information Systems
Office and
[[Page 2067]]
the Enlisted Personnel Management Center, supported by the
collocated Naval Computer and Telecommunications Station, as
the central design activities for development, integration,
coding, documentation, and system management for the software
development and maintenance of the Naval active and reserve
single Source Data Collection System: Provided further, That
the Bureau of Naval Personnel shall remain as the Program
Manager for definition of functional requirements and
priorities: Provided further, That the last provision of
Section 8023 of Public Law 103-139, is hereby repealed.
(Transfer of Funds)
Sec. 8107A. In addition to amounts appropriated or
otherwise made available in this Act, $8,000,000 shall be
made available for pay and allowances for the Office of the
Assistant Secretary of Defense for Reserve Affairs to be
available only for support of Civil-Military Cooperation
program operations, for transfer to appropriations available
to the Department of Defense for military personnel of the
reserve components serving under the provisions of title 10
and title 32, United States Code: Provided, That the funds
made available by this paragraph shall be available for
obligation for the same time period and for the same purpose
as the appropriation to which transferred: Provided further,
That the transfer authority provided in this paragraph is in
addition to any transfer authority contained elsewhere in
this Act.
And the Senate agree to the same.
Amendment numbered 169:
That the House recede from its disagreement to the
amendment of the Senate numbered 169, and agree to the same
with an amendment, as follows:
Restore the matter stricken and retain the matter inserted
by said amendment, amended as follows:
In lieu of the matter restored by said amendment insert:
Sec. 8108. No funds available to the Department of Defense
in this Act may be used to establish additional field
operating agencies of any element of the Department during
fiscal year 1995, except for field operating agencies funded
within the National Foreign Intelligence Program.
And further
Amend the matter retained by said amendment as follows:
In lieu of the section number named in said retained matter
insert: 8108A; and the Senate agree to the same.
Amendment numbered 172:
That the House recede from its disagreement to the
amendment of the Senate numbered 172, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment insert:
Sec. 8111. Funds made available to the Department of the
Navy for the EA-6B program in this Act and prior Department
of Defense Appropriations Acts may be used to procure any
lower cost alternative to the ADVCAP upgrade program
considered by the Department of the Navy to be appropriate
and cost effective.
And the Senate agree to the same.
Amendment numbered 174:
That the House recede from its disagreement to the
amendment of the Senate numbered 174, and agree to the same
with an amendment, as follows:
Restore the matter stricken and retain the matter inserted
by said amendment, amended as follows:
Amend the matter restored by said amendment as follows:
Delete the words ``January 1'' named in said restored
matter and insert in lieu thereof: April 1
In lieu of the sum ``$30,000,000'' named in said restored
matter insert: $20,000,000
And further
In lieu of the matter retained by said amendment insert:
Sec. 8114A. (a) Fiscal Year 1995 Cost-of-Living Adjustment
for Military Retirees.--(1) The fiscal year 1995 increase in
military retired pay shall (notwithstanding subparagraph (B)
of section 1401a(b)(2) of title 10, United States Code) first
be payable as part of such retired pay for the month of March
1995.
(2) For the purposes of subsection (a):
(A) The term ``fiscal year 1995 increase in military
retired pay'' means the increase in retired pay that,
pursuant to paragraph (1) of section 1401a(b) of title 10,
United States Code, becomes effective on December 1, 1994.
(B) The term ``retired pay'' includes retainer pay.
(b) Future Cost-of-Living Adjustments for Military
Retirees.--
(1) Subject to paragraph (2), subparagraph (B) of section
1401a(b)(2) of title 10, United States Code, is amended--
(A) in the heading, by striking out ``THROUGH 1998'' and
inserting in lieu thereof ``THROUGH 1996''; and
(B) in clause (ii)--
(i) by striking out ``THROUGH 1998'' and inserting in lieu
thereof ``AND 1996'';
(ii) by striking out ``of 1994, 1995, 1996, or 1997'' and
inserting in lieu thereof ``of 1994 or 1995''; and
(iii) by striking out ``September'' and inserting in lieu
thereof ``March''.
(2) Paragraph (1) shall be effective only if--
(A) the President, in the budget of the President for
fiscal year 1996, proposes legislation which if enacted would
be qualifying offsetting legislation; and
(B) there is enacted during the first session of the 104th
Congress qualifying offsetting legislation.
(3) If the conditions in paragraph (2) are met, then the
amendments by paragraph (1) shall take effect on January 1,
1996.
(4) For purposes of this subsection:
(A) The term ``qualifying offsetting legislation'' means
legislation (other than an appropriations Act) that includes
provisions that--
(i) offset fully the increased outlays for each of fiscal
years 1996, 1997, and 1998 to be made from the Department of
Defense Military Retirement Fund by reason of the amendment
made by paragraph (1);
(ii) expressly state that they are enacted for the purpose
of the offset described in clause (i); and
(iii) are included in full on the PayGo scorecard.
(B) The term ``PayGo scorecard'' means the estimates that
are made with respect to fiscal years through fiscal year
1998 by the Director of the Congressional Budget Office and
the Director of the Office of Management and Budget under
section 252(d) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
And the Senate agree to the same.
Amendment numbered 175:
That the House recede from its disagreement to the
amendment of the Senate numbered 175, and agree to the same
with an amendment, as follows:
Restore the matter stricken and retain the matter inserted
by said amendment, amended as follows:
Amend the matter retained by said amendment as follows:
In lieu of the section number named in said retained matter
insert: 8115A; and the Senate agree to the same.
Amendment numbered 176:
That the House recede from its disagreement to the
amendment of the Senate numbered 176, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment insert:
Sec. 8116. Such additional sums as may be necessary for
fiscal year 1995 pay raises for programs funded by this Act
shall be absorbed within the levels appropriated in this Act.
And the Senate agree to the same.
Amendment numbered 177:
That the House recede from its disagreement to the
amendment of the Senate numbered 177, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment insert:
Sec. 8117. After April 15, 1995, none of the funds provided
in this Act may be obligated for payment on new contracts on
which allowable costs charged to the government include
payments for individual compensation at a rate in excess of
$250,000 per year.
And the Senate agree to the same.
Amendment numbered 178:
That the House recede from its disagreement to the
amendment of the Senate numbered 178, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment amended to
read as follows:
Sec. 8118. None of the funds available in this Act may be
used to reduce the authorized positions for military
(civilian) technicians of the Army National Guard, the Air
National Guard, Army Reserve and Air Force Reserve for the
purpose of applying any administratively imposed civilian
personnel ceiling, freeze, or reduction on military
(civilian) technicians, unless such reductions are a direct
result of a reduction in military force structure: Provided,
That the Department of Defense shall prepare and submit to
the Congressional defense committees a report on reductions
of civilian technicians which may be required to align
civilian technician positions with force structure changes in
the Reserve component.
And the Senate agree to the same.
Amendment numbered 179:
That the House recede from its disagreement to the
amendment of the Senate numbered 179, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment amended to
read as follows:
Sec. 8119. During the current fiscal year and hereafter,
the Department of State and the Department of Defense are
authorized to provide interagency courier service on a non-
reimbursable basis.
And the Senate agree to the same.
Amendment numbered 183:
That the House recede from its disagreement to the
amendment of the Senate numbered 183, and agree to the same
with an amendment, as follows:
In lieu of the matter inserted by said amendment insert:
Sec. 8123. During the current fiscal year, funds
appropriated in this Act are available to compensate members
of the National Guard for duty performed pursuant to a plan
submitted by a Governor of a State and approved by the
Secretary of Defense under section 112 of title 32, United
States Code: Provided, That during the performance of such
duty, the members of the National Guard shall be under state
command and control: Provided further, That such duty shall
be treated as full-time National Guard duty for purposes of
sections 3686 (2) and 8686 (2) of title 10, United States
Code.
And the Senate agree to the same.
Amendment numbered 188:
That the House recede from its disagreement to the
amendment of the Senate numbered 188, and agree to the same
with an amendment, as follows:
In lieu of the matter inserted by said amendment insert:
Sec. 8128. The Secretary of Defense shall report to the
congressional defense committees the existing standards for
the provision of concurrent retirement and disability
benefits to members of the Armed Forces with not less than
twenty years of service: Provided, That this evaluation will
address the number of individuals retired from the Armed
Forces under conditions of total disability; the cost of
extending concurrent benefits to these individuals; the
[[Page 2068]]
comparability of the policy to Office of Personnel Management
guidelines for civilian federal employees; the comparability
of this policy to prevailing private sector standards; the
number of individuals potentially eligible for concurrent
benefits who now receive other forms of federal assistance
and the cost of that assistance: Provided further, That the
Secretary shall submit this report not later than March 15,
1995.
And the Senate agree to the same.
Amendment numbered 189:
That the House recede from its disagreement to the
amendment of the Senate numbered 189, and agree to the same
with an amendment, as follows:
Delete all the matter in said amendment appearing after
``or rank in grade of the member.'' down to and including
``preceding calendar quarter.'' and insert in lieu thereof:
(c) Reports.--Not later than April 15 and October 15 of
each calendar year while the off-site agreement is in effect,
the Secretary of the Army shall submit to the congressional
defense committees a semi-annual report on the number of
members of the Armed Forces who were reassigned under
subsection (b)(1) during the preceding six months.
And the Senate agree to the same.
Amendment numbered 190:
That the House recede from its disagreement to the
amendment of the Senate numbered 190, and agree to the same
with an amendment, as follows:
In lieu of the matter inserted by said amendment insert:
Sec. 8130. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Unified and
Specified Commands and Defense Agencies shall be available
for reimbursement of pay, allowances and other expenses which
would otherwise be incurred against appropriations for the
National Guard and Reserve when members of the National Guard
and Reserve provide intelligence support to Unified Commands,
Defense Agencies and Joint Intelligence Activities, including
the activities and programs included within the General
Defense Intelligence Program and the Consolidated Cryptologic
Program: Provided, That nothing in this section authorizes
deviation from established Reserve and National Guard
personnel and training procedures.
And the Senate agree to the same.
Amendment numbered 192:
That the House recede from its disagreement to the
amendment of the Senate numbered 192, and agree to the same
with an amendment, as follows:
In lieu of the matter inserted by said amendment insert:
Sec. 8132. The Secretary of Defense, from within funds
provided in this Act, may obligate not to exceed $75,000 to
fulfill Department of Defense obligations under the
Educational Loan Repayment Programs for state-sponsored
student loan programs not covered under Title IV, Part B or E
of the Higher Education Act of 1965 (Title 20 U.S.C. 1071-
1087).
And the Senate agree to the same.
Amendment numbered 193:
That the House recede from its disagreement to the
amendment of the Senate numbered 193, and agree to the same
with an amendment, as follows:
In lieu of the matter inserted by said amendment insert:
Sec. 8133. Notwithstanding any other provision of law, the
Secretary of the Navy shall obligate, within sixty days of
this Act becoming law, not less than $39,750,000 from the
funds appropriated in this Act or previous Acts under the
heading ``Aircraft Procurement, Navy'', solely to procure,
integrate, and install, on an urgent basis, AN/USH-42 mission
recorders modified for use in S-3B aircraft.
And the Senate agree to the same.
Amendment numbered 194:
That the House recede from its disagreement to the
amendment of the Senate numbered 194, and agree to the same
with an amendment, as follows:
In lieu of the matter inserted by said amendment insert:
Sec. 8134. Subparagraph (B) of section 7306(d)(1) of title
10, United States Code, shall not apply with respect to the
transfer by the Secretary of the Navy under section 7306(a)
of such title of the aircraft carrier U.S.S. Saratoga (CV-60)
to the U.S.S. Saratoga Museum Foundation, Inc., a foundation
organized under the laws of the State of Florida.
And the Senate agree to the same.
Amendment numbered 195:
That the House recede from its disagreement to the
amendment of the Senate numbered 195, and agree to the same
with an amendment, as follows:
In lieu of the matter inserted by said amendment insert:
restriction on funding united states military personnel in somalia
Sec. 8135. None of the funds appropriated by this Act may
be used for the continuous presence in Somalia of United
States military personnel, except for the protection of
United States personnel, after September 30, 1994.
And the Senate agree to the same.
Amendment numbered 198:
That the House recede from its disagreement to the
amendment of the Senate numbered 198, and agree to the same
with an amendment, as follows:
Delete the word ``Congress'' named in said amendment in
four instances and insert in lieu thereof: Senate; and the
Senate agree to the same.
Amendment numbered 199:
That the House recede from its disagreement to the
amendment of the Senate numbered 199, and agree to the same
with an amendment, as follows:
In lieu of the matter inserted by said amendment insert:
Sec. 8139. Notwithstanding any other provision of law, the
Secretary of a military department may enter into a contract
for use of commercial or proprietary credit card services for
augmenting or replacing any in-house account receivable
system in use by a nonappropriated fund instrumentality under
the jurisdiction of that Secretary if the Secretary
determines that such contract is in the best interest of that
department: Provided, That any Department of Defense
initiative to contract for credit card services shall require
full and open competitive procedures and be based on the
program concepts determined by the military department(s)
morale, welfare and recreation (MWR) and service division(s)
affected by such initiative.
And the Senate agree to the same.
Amendment numbered 200:
That the House recede from its disagreement to the
amendment of the Senate numbered 200, and agree to the same
with an amendment, as follows:
In lieu of the matter inserted by said amendment insert:
Sec. 8140. It is the sense of the Congress that the
Secretary of Defense should name the new research facility
under construction to house the Walter Reed Army Institute of
Research, in honor of Senator Daniel K. Inouye.
And the Senate agree to the same.
Amendment numbered 201:
That the House recede from its disagreement to the
amendment of the Senate numbered 201, and agree to the same
with an amendment, as follows:
Delete the word ``availability'' named in said amendment
and insert in lieu thereof: available; and the Senate agree
to the same.
Amendment numbered 202:
That the House recede from its disagreement to the
amendment of the Senate numbered 202, and agree to the same
with an amendment, as follows:
Delete the word ``Senate'' named in said amendment and
insert in lieu thereof: Congress; and the Senate agree to the
same.
Amendment numbered 204:
That the House recede from its disagreement to the
amendment of the Senate numbered 204, and agree to the same
with an amendment, as follows:
In lieu of the matter inserted by said amendment insert:
Sec. 8144. All refunds or other amounts collected in the
administration of the Civilian Health and Medical Program of
the Uniformed Services (CHAMPUS) shall be credited to current
year appropriations.
And the Senate agree to the same.
Amendment numbered 207:
That the House recede from its disagreement to the
amendment of the Senate numbered 207, and agree to the same
with an amendment, as follows:
In lieu of the matter inserted by said amendment insert:
Sec. 8147. Of the funds appropriated by title VIII of
Public Law 102-396 (106 Stat. 1899) for defense reinvestment
for economic growth, the unobligated balance of the funds
made available by such title for military service members
occupational conversion and training shall remain available
for obligation until September 30, 1995.
And the Senate agree to the same.
Amendment numbered 208:
That the House recede from its disagreement to the
amendment of the Senate numbered 208, and agree to the same
with an amendment, as follows:
In lieu of the matter inserted by said amendment insert:
Sec. 8148. Under the heading ``Humanitarian Assistance'' in
title II of this Act, on line one, strike "For transportation
for" and insert in lieu thereof ``For'': Provided, That the
proviso contained under this heading in the Department of
Defense Appropriations Act for 1994 (Public Law 103-139) is
hereby repealed.
And the Senate agree to the same.
Amendment numbered 210:
That the House recede from its disagreement to the
amendment of the Senate numbered 210, and agree to the same
with an amendment, as follows:
In lieu of the matter inserted by said amendment insert:
Sec. 8150. In addition to amounts appropriated elsewhere in
this Act to the Department of Defense, $14,200,000 is
authorized and appropriated only for the Utility
Reconfiguration Project at the Philadelphia Naval Complex.
And the Senate agree to the same.
Amendment numbered 211:
That the House recede from its disagreement to the
amendment of the Senate numbered 211, and agree to the same
with an amendment, as follows:
In lieu of the matter inserted by said amendment insert:
Sec. 8151. Notwithstanding section 303(a) (5) and (6) of
the Defense Production Act, or any other provision of law,
the Department of Defense will negotiate and award an
appropriate contract to the sole domestic producer of nuclear
steam generator tubing for aircraft carriers, in an amount
not to exceed $17,500,000 from funds provided in Public Law
103-139 for Defense Production Act Purchases.
And the Senate agree to the same.
Amendment numbered 212:
That the House recede from its disagreement to the
amendment of the Senate numbered 212, and agree to the same
with an amendment, as follows:
In lieu of the sum ``$78,265,000'' named in said amendment
insert: $93,265,000; and the Senate agree to the same.
Amendment numbered 213:
That the House recede from its disagreement to the
amendment of the Senate numbered 213, and agree to the same
with an amendment, as follows:
In lieu of the matter inserted by said amendment insert:
Sec. 8153. No funds appropriated by this Act may be
obligated or expended during fiscal year
[[Page 2069]]
1995 for retiring, or preparing to retire, any B-52H, B-1B,
or F-111 bomber aircraft.
Sec. 8154. (a) None of the funds available to the
Department of Defense for any fiscal year for drug
interdiction or counter-drug activities may be transferred to
any other department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction and counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided
in an appropriations law.
Sec. 8155. Amendments to Public Law 103-317 (including
rescission).
(a) Of the funds appropriated under the heading,
``Contributions to International Organizations'' in Public
Law 103-317, $4,561,000 are rescinded. In addition, under
this heading in said Public Law, delete ``, of which not to
exceed $4,000,000 is available to pay arrearages, the payment
of which'' and substitute ``: Provided, That any payment of
arrearages made from these funds''.
(b) Under the heading, ``Payment to the Asia Foundation''
in Public Law 103-317, delete ``$10,000,000'' and substitute
``$15,000,000''.
(c) Under the heading ``Securities and Exchange
Commission'', ``Salaries and Expenses'', in Public Law 103-
317, insert the following:
``For an additional amount for `Salaries and Expenses',
$192,000,000: Provided, That such amount is available only
upon enactment of legislation that continues for fiscal year
1995 the rate of fees collected under section 6(b) of the
Securities Act of 1933 (15 U.S.C. 77f(b)), as provided by
Public Law 103-121 (107 Stat. 1168), at \1/29\th of one
percent and that deposits the difference in such fees
(between \1/50\th of one percent and \1/29\th of one percent)
as an offsetting collection to this appropriation: Provided
further, That the total amount appropriated for fiscal year
1995 under this heading shall be reduced as such fees are
deposited to this appropriation so as to result in a final
total fiscal year 1995 appropriation from the General Fund
estimated at not more than $74,856,000: Provided further,
That any such fees collected in excess of $192,000,000 in
fiscal year 1995 shall remain available until expended, but
shall not be available for obligation until October 1,
1995.''.
Sec. 8156. Of the amounts provided in title III of this
Act, $304,900,000 are permanently canceled: Provided, That
the Secretary of Defense shall allocate the amount of
budgetary resources canceled by this section in an equal
percentage to each program, project and activity funded in
title III of this Act.
(rescission)
Sec. 8157. Of the funds provided in Department of Defense
Appropriations Acts, the following funds are hereby rescinded
from the following account in the specified amount:
``Aircraft Procurement, Navy, 1993/1995'', $200,000,000.
(Transfer of Funds)
Sec. 8158. Of the funds provided in Title II of this Act
under the heading ``Operation and Maintenance, Defense-
Wide'', $500,000,000 shall be transferred to the following
accounts in the specified amounts:
``Operation and Maintenance, Army'', $140,000,000;
``Operation and Maintenance, Navy'', $140,000,000;
``Operation and Maintenance, Marine Corps'', $80,000,000;
``Operation and Maintenance, Air Force'', $140,000,000.
And the Senate agree to the same.
Amendment numbered 214:
That the House recede from its disagreement to the
amendment of the Senate numbered 214, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment insert:
Titles I through VIII of this Act may be cited as the
``Department of Defense Appropriations Act, 1995''.
TITLE IX--FISCAL YEAR 1994 SUPPLEMENTAL APPROPRIATION
The following sum is appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year
ending September 30, 1994, namely:
Department of Defense
Management Funds
Emergency Response Fund
For the ``Emergency Response Fund'', $299,300,000:
Provided, That these funds may be used to reimburse other
appropriations of the Department of Defense available during
fiscal year 1994 for costs incurred before the date of the
enactment of this Act for emergency relief for Rwanda and for
emergency migrant processing and safe haven costs in or
around Cuba and may be used to reimburse other appropriations
available to the Department of Defense for costs incurred for
the same purposes: Provided further, That the entire amount
under this heading is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That any change in the United
States mission in Rwanda from one of strict refugee relief to
security, peace-enforcing, or nation-building or any other
substantive role shall not be implemented without the further
approval of the Congress: Provided further, That no funds
provided in this Act are available for United States military
participation to continue Operation Support Hope in or around
Rwanda after October 7, 1994, except for any action that is
necessary to protect the lives of United States citizens.
And the Senate agree to the same.
John P. Murtha,
Norman D. Dicks,
Charles Wilson,
W.G. (Bill) Hefner,
Martin Olav Sabo,
Julian C. Dixon,
Peter J. Visclosky,
George (Buddy) Darden,
David R. Obey,
Joseph M. McDade,
C.W. Bill Young,
Bob Livingston,
Jerry Lewis,
Joe Skeen,
Managers on the Part of the House.
Daniel K. Inouye,
Fritz Hollings,
J. Bennett Johnston,
Robert Byrd,
Patrick J. Leahy,
Jim Sasser,
Dennis DeConcini,
Dale Bumpers,
Frank R. Lautenberg,
Tom Harkin,
Ted Stevens,
Alfonse D'Amato,
Thad Cochran,
Arlen Specter,
Pete V. Domenici,
Don Nickles,
Phil Gramm,
Christopher S. Bond,
Mark O. Hatfield,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
On motion of Mr. MURTHA, the previous question was ordered on the
conference report to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. McDERMOTT, announced that the yeas had
it.
Mr. McDADE objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
327
When there appeared
<3-line {>
Nays
86
Para. 116.6 [Roll No. 446]
YEAS--327
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Baesler
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Bateman
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clinger
Clyburn
Coleman
Collins (GA)
Collins (MI)
Condit
Cooper
Coppersmith
Costello
Coyne
Cramer
Cunningham
Danner
Darden
de la Garza
Deal
DeLauro
Derrick
Deutsch
Dickey
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (TX)
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fazio
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Franks (CT)
Frost
Furse
Gallegly
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Gordon
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastert
Hastings
Hefner
Hinchey
Hoagland
Hobson
Hochbrueckner
Holden
Horn
Houghton
Hoyer
Hughes
Hunter
Hutchinson
Hyde
Inhofe
Inslee
Istook
Jacobs
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Kolbe
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Lipinski
Livingston
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McDade
McDermott
McHale
McHugh
McKeon
McKinney
McMillan
Meehan
Meek
Menendez
Mfume
Mica
Michel
Miller (CA)
Mineta
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
[[Page 2070]]
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roemer
Rogers
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sangmeister
Santorum
Sarpalius
Sawyer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Weldon
Whitten
Williams
Wilson
Wise
Wolf
Wynn
Yates
Young (AK)
Young (FL)
NAYS--86
Allard
Archer
Armey
Bachus (AL)
Barrett (WI)
Bartlett
Barton
Becerra
Bunning
Burton
Buyer
Clement
Coble
Collins (IL)
Combest
Conyers
Cox
Crane
Crapo
DeFazio
DeLay
Dellums
Diaz-Balart
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (CA)
Ehlers
Fawell
Fields (TX)
Frank (MA)
Franks (NJ)
Gekas
Goodling
Goss
Grams
Hancock
Hansen
Hefley
Herger
Hoekstra
Hoke
Huffington
Inglis
Johnson, Sam
Johnston
Klein
Klug
Knollenberg
Kyl
Linder
McInnis
Meyers
Miller (FL)
Minge
Myers
Nadler
Nussle
Paxon
Penny
Peterson (MN)
Petri
Ramstad
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Sanders
Saxton
Schaefer
Sensenbrenner
Shays
Solomon
Stump
Thomas (WY)
Walker
Watt
Waxman
Woolsey
Wyden
Zeliff
Zimmer
NOT VOTING--21
Applegate
Bacchus (FL)
Baker (CA)
Fields (LA)
Gallo
Hayes
Hilliard
Hutto
Jefferson
Lloyd
McCrery
McCurdy
McNulty
Neal (NC)
Slattery
Smith (IA)
Sundquist
Thompson
Torkildsen
Washington
Wheat
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 116.7 unfinished business--approval of the journal
The SPEAKER pro tempore, Mr. McDERMOTT, pursuant to clause 5, rule I,
announced the unfinished business to be the question on agreeing to the
Chair's approval of the Journal of Wednesday, September 28, 1994.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. McDERMOTT, announced that the yeas had
it.
Mr. SOLOMON demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
249
<3-line {>
affirmative
Nays
163
Para. 116.8 [Roll No. 447]
YEAS--249
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Everett
Farr
Fazio
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Greenwood
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hefner
Hinchey
Hoagland
Hochbrueckner
Holden
Houghton
Hoyer
Hughes
Inglis
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kingston
Kleczka
Klein
Kopetski
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Livingston
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Schenk
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Tanner
Tauzin
Tejeda
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Whitten
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--163
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clay
Clayton
Clinger
Coble
Collins (GA)
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Huffington
Hunter
Hutchinson
Hyde
Inhofe
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Kim
King
Klug
Knollenberg
Kolbe
Kreidler
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lucas
Machtley
Manzullo
McCandless
McCollum
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Murphy
Nussle
Oxley
Packard
Paxon
Petri
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Saxton
Schaefer
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stump
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--22
Applegate
Bacchus (FL)
Boehner
Fields (LA)
Gallo
Hayes
Hilliard
Hutto
Klink
Lloyd
McCrery
McCurdy
McNulty
Sabo
Slattery
Sundquist
Synar
Thompson
Torkildsen
Washington
Wheat
Williams
So the Journal was approved.
Para. 116.9 further message from the senate
A further message from the Senate by Mr. Hallen, one of its clerks,
announced that the Senate agreed to the report of the committee of
conference on the disagreeing votes of the two Houses on the amendments
of the Senate to the bill (H.R. 4556), ``An Act making appropriations
for the Department of Transportation and related agencies for the fiscal
year ending September 30, 1995, and for other purposes.
Para. 116.10 waiving points of order against the conference report on s.
349
Mr. FROST, by direction of the Committee on Rules, called up the
following resolution (H. Res. 550):
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (S. 349) to provide for the disclosure of lobbying
activities to influence the Federal Govern-
[[Page 2071]]
ment, and for other purposes. All points of order against the
conference report and against its consideration are waived
except for the provisions of clause 2 of rule XXVIII (the
three-day availability requirement for conference reports).
The conference report shall be considered as read.
When said resolution was considered.
After debate,
Para. 116.11 words taken down
Mr. BRYANT, during debate addressed the House, and during the course
of his remarks,
Mr. WALKER demanded that certain words be taken down.
The Clerk read the words taken down as follows:
You have misquoted me pretty grossly, Mr. Oxley. You are
one of the Members for whom I have a great deal of respect
and admire very much in this institution, but I find it very
hard to understand why you would simply not come forward and
say, as those of you who are speaking on that side, or
thinking--We want to play free golf, we want free meals. You
are not concerned about charity, you are not concerned about
congressional baseball, you are just concerned about more
freebies, and this bill says no to the freebies-seeking
Members of Congress, who I regret to say are a small minority
of this House, yet you create a bad impression for the rest
of us. This bill says no.
On motion of Mr. BRYANT, by unanimous consent, the words were
withdrawn.
By unanimous consent, the SPEAKER pro tempore, Mrs. MEEK, recognized
Mr. BRYANT to proceed in order.
After further debate,
Para. 116.12 call of the house
The SPEAKER pro tempore, Mrs. MEEK, recognized Mr. DREIER to move a
call of the House.
On motion of Mr. DREIER, a call of the House was ordered.
The call was taken by electronic device, and the following-named
Members responded--
Para. 116.13 [Roll No. 448]
ANSWERED ``PRESENT''--408
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hefley
Hefner
Herger
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
Meehan
Meek
Menendez
Meyers
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
Thereupon, the SPEAKER pro tempore, Mr. HASTINGS, announced that 408
Members had been recorded, a quorum.
Further proceedings under the call were dispensed with.
After further debate,
On motion of Mr. FROST, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. HASTINGS, announced that the yeas had it.
Mr. DREIER demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
216
<3-line {>
affirmative
Nays
205
Para. 116.14 [Roll No. 449]
YEAS--216
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brooks
Browder
Brown (CA)
Brown (OH)
Bryant
Byrne
Canady
Cantwell
Cardin
Carr
Clayton
Clyburn
Coleman
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Filner
Fingerhut
Flake
Foglietta
Foley
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Levin
Lewis (GA)
Lipinski
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
Meehan
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Ridge
Roemer
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
[[Page 2072]]
Sharp
Shepherd
Skaggs
Skelton
Slaughter
Smith (IA)
Snowe
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Taylor (MS)
Tejeda
Thornton
Thurman
Torres
Torricelli
Towns
Tucker
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Whitten
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--205
Allard
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Brewster
Brown (FL)
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Castle
Chapman
Clay
Clement
Clinger
Coble
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Cox
Crane
Crapo
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (NJ)
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Holden
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Laughlin
Lazio
Leach
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manzullo
McCandless
McCollum
McHugh
McInnis
McKeon
McMillan
Meek
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Murtha
Myers
Nussle
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Petri
Pickett
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Sisisky
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Traficant
Upton
Valentine
Vucanovich
Walker
Walsh
Weldon
Williams
Wilson
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--14
Applegate
Fields (LA)
Gallo
Hayes
Hutto
Lloyd
McCrery
McCurdy
McDade
McNulty
Slattery
Thompson
Washington
Wheat
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 116.15 lobbying disclosure
Mr. BRYANT, pursuant to House Resolution 550, called up the following
conference report (Rept. No. 103-750):
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the House to the bill (S.
349), to provide for the disclosure of lobbying activities to
influence the Federal Government, and for other purposes,
having met, after full and free conference, have agreed to
recommend and do recommend to their respective Houses as
follows:
That the Senate recede from its disagreement to the
amendment of the House and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the House
amendments, insert the following:
TITLE I--LOBBYING DISCLOSURE
SECTION 101. SHORT TITLE.
This title may be cited as the ``Lobbying Disclosure Act of
1994''.
SEC. 102. FINDINGS.
The Congress finds that--
(1) responsible representative Government requires public
awareness of the efforts of paid lobbyists to influence the
public decision making process in both the legislative and
executive branches of the Federal Government;
(2) existing lobbying disclosure statutes have been
ineffective because of unclear statutory language, weak
administrative and enforcement provisions, and an absence of
clear guidance as to who is required to register and what
they are required to disclose; and
(3) the effective public disclosure of the identity and
extent of the efforts of paid lobbyists to influence Federal
officials in the conduct of Government actions will increase
public confidence in the integrity of Government.
SEC. 103. DEFINITIONS.
As used in this title:
(1) Agency.--The term ``agency'' has the meaning given that
term in section 551(1) of title 5, United States Code.
(2) Client.--The term ``client'' means any person or entity
that employs or retains another person for financial or other
compensation to conduct lobbying activities on behalf of that
person or entity. A person or entity whose employees act as
lobbyists on its own behalf is both a client and an employer
of such employees. In the case of a coalition or association
that employs or retains other persons to conduct lobbying
activities, the client is--
(A) the coalition or association and not its individual
members when the lobbying activities are conducted on behalf
of its membership and financed by the coalition's or
association's dues and assessments; or
(B) an individual member or members, when the lobbying
activities are conducted on behalf of, and financed
separately by, 1 or more individual members and not by the
coalition's or association's dues and assessments.
(3) Covered executive branch official.--The term ``covered
executive branch official'' means--
(A) the President;
(B) the Vice President;
(C) any officer or employee, or any other individual
functioning in the capacity of such an officer or employee,
in the Executive Office of the President;
(D) any officer or employee serving in a position in level
I, II, III, IV, or V of the Executive Schedule, as designated
by statute or executive order;
(E) any officer or employee serving in a Senior Executive
Service position, as defined in section 3132(a)(2) of title
5, United States Code;
(F) any member of the uniformed services whose pay grade is
at or above O-7 under section 201 of title 37, United States
Code; and
(G) any officer or employee serving in a position of a
confidential, policy-determining, policy-making, or policy-
advocating character described in section 7511(b)(2) of title
5, United States Code.
(4) Covered legislative branch official.--The term
``covered legislative branch official'' means--
(A) a Member of Congress;
(B) an elected officer of either House of Congress;
(C) any employee of, or any other individual functioning in
the capacity of an employee of--
(i) a Member of Congress;
(ii) a committee of either House of Congress;
(iii) the leadership staff of the House of Representatives
or the leadership staff of the Senate;
(iv) a joint committee of Congress; and
(v) a working group or caucus organized to provide
legislative services or other assistance to Members of
Congress; and
(D) any other legislative branch employee serving in a
position described under section 109(13) of the Ethics in
Government Act of 1978 (5 U.S.C. App.).
(5) Director.--The term ``Director'' means the Director of
the Office of Lobbying Registration and Public Disclosure.
(6) Employee.--The term ``employee'' means any individual
who is an officer, employee, partner, director, or proprietor
of a person or entity, but does not include--
(A) independent contractors; or
(B) volunteers who receive no financial or other
compensation from the person or entity for their services.
(7) Foreign entity.--The term ``foreign entity'' means a
foreign principal (as defined in section 1(b) of the Foreign
Agents Registration Act of 1938 (22 U.S.C. 611(b)).
(8) Grassroots lobbying communications.--The term
``grassroots lobbying communications'' means--
(A) any communication that attempts to influence a matter
described in clause (i), (ii), (iii), or (iv) of section
103(10)(A) through an attempt to affect the opinions of the
general public or any segment thereof;
(B) any communication between an organization and any bona
fide member of such organization to directly encourage such
member to make a communication to a covered executive branch
official or a covered legislative branch official with regard
to a matter described in clause (i), (ii), (iii), or (iv) of
section 103(10)(A); and
(C) any communication between an organization and any bona
fide member of such organization to directly encourage such
member to urge persons other than members to communicate as
provided in either subparagraph (A) or subparagraph (B).
(9) Lobbying activities.--
(A) Definition.--The term ``lobbying activities'' means
lobbying contacts and efforts in support of such contacts,
including preparation and planning activities, research and
other background work that is intended, at the time it is
performed, for use in contacts, and coordination with the
lobbying activities of others. Except as provided in
subparagraph (B), lobbying activities also include grassroots
lobbying communications to the extent that such
communications are made in support of a lobbying contact. A
communication in support of a lobbying contact is a lobbying
activity even if the communication is excluded from the
definition of ``lobbying contact'' under paragraph (10)(B).
(B) Religious organizations.--Lobbying activities do not
include grassroots lobbying
[[Page 2073]]
communications by churches, their integrated auxiliaries,
conventions or associations of churches, and religious orders
that are exempt from filing Federal income tax returns under
paragraph (2)(A)(i) or (2)(A)(iii) of section 6033(a) of the
Internal Revenue Code of 1986, unless such communications are
made by another registrant or any person or entity required
to be identified under section 104(b)(5).
(10) Lobbying contact.--
(A) Definition.--The term ``lobbying contact'' means any
oral or written communication (including an electronic
communication) to a covered executive branch official or a
covered legislative branch official that is made on behalf of
a client with regard to--
(i) the formulation, modification, or adoption of Federal
legislation (including legislative proposals);
(ii) the formulation, modification, or adoption of a
Federal rule, regulation, Executive order, or any other
program, policy, or position of the United States Government;
(iii) the administration or execution of a Federal program
or policy (including the negotiation, award, or
administration of a Federal contract, grant, loan, permit, or
license), except that this clause does not include
communications that are made to any covered executive branch
official--
(I) who is serving in a Senior Executive Service position
described in paragraph (3)(E); or
(II) who is a member of the uniformed services whose pay
grade is lower than O-9 under section 201 of title 37, United
States Code,
in the agency responsible for taking such administrative or
executive action; or
(iv) the nomination or confirmation of a person for a
position subject to confirmation by the Senate.
(B) Exceptions.--The term ``lobbying contact'' does not
include a communication that is--
(i) made by a public official acting in the public
official's official capacity;
(ii) made by a representative of a media organization if
the purpose of the communication is gathering and
disseminating news and information to the public;
(iii) made in a speech, article, publication or other
material that is widely distributed to the public, or through
radio, television, cable television, or other medium of mass
communication;
(iv) made on behalf of a government of a foreign country or
a foreign political party and disclosed under the Foreign
Agents Registration Act of 1938 (22 U.S.C. 611 et seq.);
(v) a request for a meeting, a request for the status of an
action, or any other similar administrative request, if the
request does not include an attempt to influence a covered
executive branch official or a covered legislative branch
official;
(vi) made in the course of participation in an advisory
committee subject to the Federal Advisory Committee Act;
(vii) testimony given before a committee, subcommittee, or
task force of the Congress, or submitted for inclusion in the
public record of a hearing conducted by such committee,
subcommittee, or task force;
(viii) information provided in writing in response to a
written request by a covered executive branch official or a
covered legislative branch official for specific information;
(ix) required by subpoena, civil investigative demand, or
otherwise compelled by statute, regulation, or other action
of the Congress or an agency;
(x) made in response to a notice in the Federal Register,
Commerce Business Daily, or other similar publication
soliciting communications from the public and directed to the
agency official specifically designated in the notice to
receive such communications;
(xi) not possible to report without disclosing information,
the unauthorized disclosure of which is prohibited by law;
(xii) made to an official in an agency with regard to--
(I) a judicial proceeding or a criminal or civil law
enforcement inquiry, investigation, or proceeding; or
(II) a filing or proceeding that the Government is
specifically required by statute or regulation to maintain or
conduct on a confidential basis,
if that agency is charged with responsibility for such
proceeding, inquiry, investigation, or filing;
(xiii) made in compliance with written agency procedures
regarding an adjudication conducted by the agency under
section 554 of title 5, United States Code, or substantially
similar provisions;
(xiv) a written comment filed in the course of a public
proceeding or any other communication that is made on the
record in a public proceeding;
(xv) a petition for agency action made in writing and
required to be a matter of public record pursuant to
established agency procedures;
(xvi) made on behalf of an individual with regard to that
individual's benefits, employment, or other personal matters
involving only that individual, except that this clause does
not apply to any communication with--
(I) a covered executive branch official, or
(II) a covered legislative branch official (other than the
individual's elected Members of Congress or employees who
work under such Members' direct supervision),
with respect to the formulation, modification, or adoption of
private legislation for the relief of that individual;
(xvii) a disclosure by an individual that is protected
under the amendments made by the Whistleblower Protection Act
of 1989, under the Inspector General Act of 1978, or under
another provision of law;
(xviii) made by--
(I) a church, its integrated auxiliary, or a convention or
association of churches that is exempt from filing a Federal
income tax return under paragraph 2(A)(i) of section 6033(a)
of the Internal Revenue Code of 1986, or
(II) a religious order that is exempt from filing a Federal
income tax return under paragraph (2)(A)(iii) of such section
6033(a),
if the communication constitutes the free exercise of
religion or is for the purpose of protecting the right to the
free exercise of religion; and
(xix) between--
(I) officials of a self-regulatory organization (as defined
in section 3(a)(26) of the Securities Exchange Act) that is
registered with or established by the Securities and Exchange
Commission as required by that Act; and
(II) the Securities and Exchange Commission,
relating to the regulatory responsibilities of such
organization under that Act.
(11) Lobbying firm.--The term ``lobbying firm'' means a
person or entity that has 1 or more employees who are
lobbyists on behalf of a client other than that person or
entity. The term also includes a self-employed individual who
is a lobbyist.
(12) Lobbyist.--The term ``lobbyist'' means any individual
who is employed or retained by a client for financial or
other compensation for services that include one or more
lobbying contacts, other than an individual whose lobbying
activities constitute less than 10 percent of the time
engaged in the services provided by such individual to that
client.
(13) Media organization.--The term ``media organization''
means a person or entity engaged in disseminating information
to the general public through a newspaper, magazine, other
publication, radio, television, cable television, or other
medium of mass communication.
(14) Member of congress.--The term ``Member of Congress''
means a Senator or a Representative in, or Delegate or
Resident Commissioner to, the Congress.
(15) Organization.--The term ``organization'' means a
person or entity other than an individual.
(16) Person or entity.--The term ``person or entity'' means
any individual, corporation, company, foundation,
association, labor organization, firm, partnership, society,
joint stock company, group of organizations, or State or
local government.
(17) Public official.--The term ``public official'' means
any elected official, appointed official, or employee of--
(A) a Federal, State, or local unit of government in the
United States other than--
(i) a college or university;
(ii) a government-sponsored enterprise (as defined in
section 3(8) of the Congressional Budget and Impoundment
Control Act of 1974);
(iii) a public utility that provides gas, electricity,
water, or communications;
(iv) a guaranty agency (as defined in section 435(j) of the
Higher Education Act of 1965 (20 U.S.C. 1085(j))), including
any affiliate of such an agency; or
(v) an agency of any State functioning as a student loan
secondary market pursuant to section 435(d)(1)(F) of the
Higher Education Act of 1965 (20 U.S.C. 1085(d)(1)(F));
(B) a Government corporation (as defined in section 9101 of
title 31, United States Code);
(C) an organization of State or local elected or appointed
officials other than officials of an entity described in
clause (i), (ii), (iii), (iv), or (v) of subparagraph (A);
(D) an Indian tribe (as defined in section 4(e) of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b(e));
(E) a national or State political party or any
organizational unit thereof; or
(F) a national, regional, or local unit of any foreign
government.
(18) State.--The term ``State'' means each of the several
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
SEC. 104. REGISTRATION OF LOBBYISTS.
(a) Registration.--
(1) General rule.--No later than 30 days after a lobbyist
first makes a lobbying contact or is employed or retained to
make a lobbying contact, whichever is earlier, such lobbyist
(or, as provided under paragraph (2), the organization
employing such lobbyist), shall register with the Office of
Lobbying Registration and Public Disclosure.
(2) Employer filing.--Any organization that has 1 or more
employees who are lobbyists shall file a single registration
under this section on behalf of such employees for each
client on whose behalf the employees act as lobbyists.
(3) Exemption.--
(A) General rule.--Notwithstanding paragraphs (1) and (2),
a person or entity whose--
(i) total income for matters related to lobbying activities
on behalf of a particular client (in the case of a lobbying
firm) does not exceed and is not expected to exceed $2,500;
or
(ii) total expenses in connection with lobbying activities
(in the case of an organization whose employees engage in
lobbying activities on its own behalf) do not exceed or are
not expected to exceed $5,000,
(as estimated under section 105) in the semiannual period
described in section 105(a) during which the registration
would be made is
[[Page 2074]]
not required to register under subsection (a) with respect to
such client.
(B) Adjustment.--The dollar amounts in subparagraph (A)
shall be adjusted--
(i) on January 1, 1997, to reflect changes in the Consumer
Price Index (as determined by the Secretary of Labor) since
the date of enactment of this title; and
(ii) on January 1 of each fourth year occurring after
January 1, 1997, to reflect changes in the Consumer Price
Index (as determined by the Secretary of Labor) during the
preceding 4-year period,
rounded to the nearest $500.
(b) Contents of Registration.--Each registration under this
section shall be in such form as the Director shall prescribe
by regulation and shall contain--
(1) the name, address, business telephone number, and
principal place of business of the registrant, and a general
description of its business or activities;
(2) the name, address, and principal place of business of
the registrant's client, and a general description of its
business or activities (if different from paragraph (1));
(3) the name, address, and principal place of business of
any organization, other than the client, that--
(A) contributes more than $5,000 toward the lobbying
activities of the registrant in a semiannual period described
in section 105(a); and
(B) participates significantly in the planning,
supervision, or control of such lobbying activities;
(4) the name, address, principal place of business, amount
of any contribution of more than $5,000 to the lobbying
activities of the registrant, and approximate percentage of
equitable ownership in the client (if any) of any foreign
entity that--
(A) holds at least 20 percent equitable ownership in the
client or any organization identified under paragraph (3);
(B) directly or indirectly, in whole or in major part,
plans, supervises, controls, directs, finances, or subsidizes
the activities of the client or any organization identified
under paragraph (3); or
(C) is an affiliate of the client or any organization
identified under paragraph (3) and has a direct interest in
the outcome of the lobbying activity;
(5) the name, address, and principal place of business of
any person or entity retained by the registrant to conduct
grassroots lobbying communications on behalf of the
registrant or the client (other than an employee of the
registrant or a person or entity that is separately
registered under this title in connection with such
representation);
(6) a statement of--
(A) the general issue areas in which the registrant expects
to engage in lobbying activities on behalf of the client; and
(B) to the extent practicable, specific issues that have
(as of the date of the registration) already been addressed
or are likely to be addressed in lobbying activities; and
(7) the name of each employee of the registrant who has
acted or whom the registrant expects to act as a lobbyist on
behalf of the client and, if any such employee has served as
a covered executive branch official or a covered legislative
branch official in the 2 years before the date on which such
employee first acted (after the date of enactment of this
Act) as a lobbyist on behalf of the client, the position in
which such employee served.
(c) Guidelines for Registration.--
(1) Multiple clients.--In the case of a registrant making
lobbying contacts on behalf of more than 1 client, a separate
registration under this section shall be filed for each such
client.
(2) Multiple contacts.--A registrant who makes more than 1
lobbying contact for the same client shall file a single
registration covering all such lobbying contacts.
(d) Termination of Registration.--A registrant who after
registration--
(1) is no longer employed or retained by a client to
conduct lobbying activities, and
(2) does not anticipate any additional lobbying activities
for such client,
may so notify the Director and terminate its registration.
SEC. 105. REPORTS BY REGISTERED LOBBYISTS.
(a) Semiannual Report.--
(1) In general.--No later than 30 days after the end of the
semiannual period beginning on the first day of each January
and the first day of July of each year in which a registrant
is registered under section 104, each registrant shall file a
report with the Office of Lobbying Registration and Public
Disclosure on its lobbying activities during such semiannual
period. A separate report shall be filed for each client of
the registrant.
(2) Exemption.--
(A) General rule.--Any registrant whose--
(i) total income for a particular client for matters that
are related to lobbying activities on behalf of that client
(in the case of a lobbying firm), does not exceed and is not
expected to exceed $2,500; or
(ii) total expenses in connection with lobbying activities
(in the case of a registrant whose employees engage in
lobbying activities on its own behalf) do not exceed and are
not expected to exceed $5,000,
in a semiannual period (as estimated under paragraph (3) or
(4) of subsection (b) or paragraph (4) of subsection (c), as
applicable) is deemed to be inactive during such period and
may comply with the reporting requirements of this section by
so notifying the Director in such form as the Director may
prescribe.
(B) Adjustment.--The dollar amounts in subparagraph (A)
shall be adjusted as provided in section 104(a)(3)(B).
(b) Contents of Report.--Each semiannual report filed under
subsection (a) shall be in such form as the Director shall
prescribe by regulation and shall contain--
(1) the name of the registrant, the name of the client, and
any changes or updates to the information provided in the
initial registration;
(2) for each general issue area in which the registrant
engaged in lobbying activities on behalf of the client during
the semiannual filing period--
(A) a list of the specific issues upon which a lobbyist
employed by the registrant engaged in lobbying activities,
including, to the maximum extent practicable, a list of bill
numbers and references to specific regulatory actions,
programs, projects, contracts, grants and loans;
(B) a statement of the Houses and committees of Congress
and the Federal agencies contacted by lobbyists employed by
the registrant on behalf of the client;
(C) a list of the employees of the registrant who acted as
lobbyists on behalf of the client;
(D) a description of the interest, if any, of any foreign
entity identified under section 104(b)(4) in the specific
issues listed under subparagraph (A); and
(E) a list of the specific issues on which any person or
entity required to be identified under section 104(b)(5) has
engaged in grassroots lobbying communications on behalf of
the client;
(3) in the case of a lobbying firm, a good faith estimate
of the total amount of all income from the client (including
any payments to the registrant by any other person for
lobbying activities on behalf of the client) during the
semiannual period, other than income for matters that are
unrelated to lobbying activities;
(4) in the case of a registrant engaged in lobbying
activities on its own behalf, a good faith estimate of the
total expenses that the registrant and its employees incurred
in connection with lobbying activities during the semiannual
filing period;
(5) the name, address, and principal place of business of
any person or entity other than the client who paid the
registrant to lobby on behalf of the client; and
(6) a good faith estimate of the total expenses that the
registrant and its employees incurred in connection with
grassroots lobbying communications on behalf of the client
(including any amount paid, in connection with such
communications, to a person or entity required to be
identified under section 104(b)(5)).
(c) Estimates of Income or Expenses.--For purposes of this
section, estimates of income or expenses shall be made as
follows:
(1) $100,000 or less.--Income or expenses of $100,000 or
less shall be estimated in accordance with the following
categories:
(A) $10,000 or less.
(B) More than $10,000 but not more than $20,000.
(C) More than $20,000 but not more than $50,000.
(D) More than $50,000 but not more than $100,000.
(2) More than $100,000 but not more than $500,000.--Income
or expenses in excess of $100,000 but not more than $500,000
shall be estimated and rounded to the nearest $50,000.
(3) More than $500,000.--Income or expenses in excess of
$500,000 shall be estimated and rounded to the nearest
$100,000.
(4) Estimates based on tax reporting system.--In the case
of any registrant that is required to report and does report
lobbying expenditures as required by section 6033(b)(8) of
the Internal Revenue Code of 1986, regulations prescribed
under section 107 shall provide that the registrant may make
a good faith estimate of applicable amounts that would be
required to be disclosed under such section of the Internal
Revenue Code of 1986 for the applicable semiannual period (by
category of dollar value) to meet the requirements of
subsections (b)(4) and (b)(6), if each time the registrant
makes such an estimate, the registrant informs the Director
that the registrant is making such an estimate.
(5) Construction.--In estimating total income or expenses
under this section, a registrant is not required to include--
(A) the value of contributed services for which no payment
is made; or
(B) the expenses for services provided by an independent
contractor of the registrant who is separately registered
under this title.
(d) Contacts.--
(1) Contacts with committees.--For purposes of subsection
(b)(2), any contact with a member of a committee of Congress,
an employee of a committee of Congress, or an employee of a
member of a committee of Congress regarding a matter within
the jurisdiction of such committee shall be considered to be
a contact with the committee.
(2) Contacts with house of congress.--For purposes of
subsection (b)(2), any contact with a Member of Congress or
an employee of a Member of Congress regarding a matter that
is not within the jurisdiction of a committee of Congress of
which that Member is a member shall be considered to be a
contact with the House of Congress of that Member.
(3) Contacts with federal agencies.--For purposes of
subsection (b)(2), any contact with a covered executive
branch official shall be considered to be a contact with the
Federal agency that employs that official, except that a
contact with a covered executive branch official who is
detailed to another Federal agency or to the Congress
[[Page 2075]]
shall be considered to be a contact with the Federal agency
or with the committee of Congress or House of Congress to
which the official is detailed.
(e) Extension for Filing.--The Director may grant an
extension of time of not more than 30 days for the filing of
any report under this section, upon the request of the
registrant, for good cause shown.
SEC. 106. PROHIBITION ON GIFTS BY LOBBYISTS, LOBBYING FIRMS,
AND AGENTS OF FOREIGN PRINCIPALS.
(a) In General.--
(1) Prohibition.--No lobbyist or lobbying firm registered
under this title and no agent of a foreign principal
registered under the Foreign Agents Registration Act may
provide a gift, directly or indirectly, to any covered
legislative branch official.
(2) Definition.--For purposes of this section--
(A) the term `gift' means any gratuity, favor, discount,
entertainment, hospitality, loan, forbearance, or other item
having monetary value and such term includes gifts of
services, training, transportation, lodging, and meals,
whether provided in kind, by purchase of a ticket, payment in
advance, or reimbursement after the expense has been
incurred; and
(B) a gift to the spouse or dependent of a covered
legislative branch official (or a gift to any other
individual based on that individual's relationship with the
covered legislative branch official) shall be considered a
gift to the covered legislative branch official if it is
given with the knowledge and acquiescence of the covered
legislative branch official and is given because of the
official position of the covered legislative branch official.
(b) Gifts.--The prohibition in subsection (a) includes the
following:
(1) Anything provided by a lobbyist or a foreign agent
which is paid for, charged to, or reimbursed by a client or
firm of such lobbyist or foreign agent.
(2) Anything provided by a lobbyist, a lobbying firm, or a
foreign agent to an entity that is maintained or controlled
by a covered legislative branch official.
(3) A charitable contribution (as defined in section 170(c)
of the Internal Revenue Code of 1986) made by a lobbyist, a
lobbying firm, or a foreign agent on the basis of a
designation, recommendation, or other specification of a
covered legislative branch official (not including a mass
mailing or other solicitation directed to a broad category of
persons or entities).
(4) A contribution or other payment by a lobbyist, a
lobbying firm, or a foreign agent to a legal expense fund
established for the benefit of a covered legislative branch
official or a covered executive branch official.
(5) A charitable contribution (as defined in section 170(c)
of the Internal Revenue Code of 1986) made by a lobbyist, a
lobbying firm, or a foreign agent in lieu of an honorarium to
a covered legislative branch official.
(6) A financial contribution or expenditure made by a
lobbyist, a lobbying firm, or a foreign agent relating to a
conference, retreat, or similar event, sponsored by or
affiliated with an official congressional organization, for
or on behalf of covered legislative branch officials.
(c) Not Gifts.--The following are not gifts subject to the
prohibition in subsection (a):
(1) Anything for which the recipient pays the market value,
or does not use and promptly returns to the donor.
(2) A contribution, as defined in the Federal Election
Campaign Act of 1971 (2 U.S.C. 431 et seq.) that is lawfully
made under that Act, or attendance at a fundraising event
sponsored by a political organization described in section
527(e) of the Internal Revenue Code of 1986.
(3) Food or refreshments of nominal value offered other
than as part of a meal.
(4) Benefits resulting from the business, employment, or
other outside activities of the spouse of a covered
legislative branch official, if such benefits are customarily
provided to others in similar circumstances.
(5) Pension and other benefits resulting from continued
participation in an employee welfare and benefits plan
maintained by a former employer.
(6) Informational materials that are sent to the office of
a covered legislative branch official in the form of books,
articles, periodicals, other written materials, audio tapes,
videotapes, or other forms of communication.
(d) Gifts Given for a Nonbusiness Purpose and Motivated by
Family Relationship or Close Personal Friendship.--
(1) In general.--A gift given by an individual under
circumstances which make it clear that the gift is given for
a nonbusiness purpose and is motivated by a family
relationship or close personal friendship and not by the
position of the covered legislative branch official shall not
be subject to the prohibition in subsection (a).
(2) Nonbusiness purpose.--A gift shall not be considered to
be given for a nonbusiness purpose if the individual giving
the gift seeks--
(A) to deduct the value of such gift as a business expense
on the individual's Federal income tax return, or
(B) direct or indirect reimbursement or any other
compensation for the value of the gift from a client or
employer of such lobbyist or foreign agent.
(3) Family relationship or close personal friendship.--In
determining if the giving of a gift is motivated by a family
relationship or close personal friendship, at least the
following factors shall be considered:
(A) The history of the relationship between the individual
giving the gift and the recipient of the gift, including
whether or not gifts have previously been exchanged by such
individuals.
(B) Whether the gift was purchased by the individual who
gave the item.
(C) Whether the individual who gave the gift also at the
same time gave the same or similar gifts to other covered
legislative branch officials.
SEC. 107. OFFICE OF LOBBYING REGISTRATION AND PUBLIC
DISCLOSURE.
(a) Establishment and Director.--
(1) Establishment.--There is established an executive
agency to be known as the Office of Lobbying Registration and
Public Disclosure.
(2) Director.--(A) The Office shall be headed by a
Director, who shall be appointed by the President, by and
with the advice and consent of the Senate.
(B) The Director shall be an individual who, by
demonstrated ability, background, training, and experience,
is qualified to carry out the functions of the position. The
term of service of the Director shall be 5 years. The
Director may be removed for cause.
(C) Section 5316 of title 5, United States Code, is amended
by adding at the end the following: ``Director of the Office
of Lobbying Registration and Public Disclosure''.
(b) Administrative Powers.--The Director may--
(1) appoint officers and employees, including attorneys, in
accordance with chapter 51 and subchapter III of chapter 53
of title 5, United States Code, define their duties and
responsibilities, and direct and supervise their activities;
(2) contract for financial and administrative services
(including those related to budget and accounting, financial
reporting, personnel, and procurement) with the General
Services Administration, or such Federal agency as the
Director determines appropriate, for which payment shall be
made in advance or by reimbursement from funds of the Office
in such amounts as may be agreed upon by the Director and the
head of the agency providing such services, but the contract
authority under this paragraph shall be effective for any
fiscal year only to the extent that appropriations are
available for that purpose;
(3) request the head of any Federal department or agency
(who is hereby so authorized) to detail to temporary duties
with the Office such personnel within the agency head's
administrative jurisdiction as the Office may need for
carrying out its functions under this title, with or without
reimbursement;
(4) request agency heads to provide information needed by
the Office, which information shall be supplied to the extent
permitted by law;
(5) utilize, with their consent, the services and
facilities of Federal agencies with or without reimbursement;
(6) accept, use, and dispose of gifts or donations of
services or property, real, personal, or mixed, tangible or
intangible, for purposes of aiding or facilitating the work
of the Office; and
(7) use the United States mails in the same manner and
under the same conditions as other departments and agencies
of the United States.
(c) Cooperation With Other Governmental Agencies.--In order
to avoid unnecessary expense and duplication of function
among Government agencies, the Office may make such
arrangements or agreements for cooperation or mutual
assistance in the performance of its functions under this
title as is practicable and consistent with law. The head of
the General Services Administration and each department,
agency, or establishment of the United States shall cooperate
with the Office and, to the extent permitted by law, provide
such information, services, personnel, and facilities as the
Office may request for its assistance in the performance of
its functions under this title.
(d) Duties.--The Director shall--
(1) after notice and a reasonable opportunity for public
comment, and consultation with the Secretary of the Senate,
the Clerk of the House of Representatives, and the
Administrative Conference of the United States, prescribe
such regulations, penalty guidelines, and forms as are
necessary to carry out this title;
(2) provide guidance and assistance on the registration and
reporting requirements of this title, including--
(A) providing information to all registrants at the time of
registration about the obligations of registered lobbyists
under this title, and
(B) issuing published decisions and advisory opinions;
(3) review the registrations and reports filed under this
title and make such verifications or inquiries as are
necessary to ensure the completeness, accuracy, and
timeliness of the registrations and reports;
(4) develop filing, coding, and cross-indexing systems to
carry out the purposes of this title, including--
(A) a publicly available list of all registered lobbyists
and their clients; and
(B) computerized systems designed to minimize the burden of
filing and maximize public access to materials filed under
this title;
(5) ensure that the computer systems developed pursuant to
paragraph (4)--
(A) allow the materials filed under this title to be
accessed by the client name, lobbyist name, and registrant
name;
(B) are compatible with computer systems developed and
maintained by the Federal
[[Page 2076]]
Election Commission, and that information filed in the two
systems can be readily cross-referenced; and
(C) are compatible with computer systems developed and
maintained by the Secretary of the Senate and the Clerk of
the House of Representatives;
(6) make copies of each registration and report filed under
this title available to the public, upon the payment of
reasonable fees, not to exceed the cost of such copies, as
determined by the Director, in written and electronic
formats, as soon as practicable after the date on which such
registration or report is received;
(7) preserve the originals or accurate reproduction of--
(A) registrations filed under this title for a period that
ends not less than 3 years after the termination of the
registration under section 104(d); and
(B) reports filed under this title for a period that ends
not less than 3 years after the date on which the report is
received;
(8) maintain a computer record of--
(A) the information contained in registrations for a period
that ends not less than 5 years after the termination of the
registration under section 104(d); and
(B) the information contained in reports filed under this
title for a period that ends not less than 5 years after the
date on which the reports are received;
(9) compile and summarize, with respect to each semiannual
period, the information contained in registrations and
reports filed with respect to such period in a manner which
clearly presents the extent and nature of expenditures on
lobbying activities during such period;
(10) make information compiled and summarized under
paragraph (9) available to the public in electronic and hard
copy formats as soon as practicable after the close of each
semiannual filing period;
(11) provide, by computer telecommunication or other
transmittal in a form accessible by computer, to the
Secretary of the Senate and the Clerk of the House of
Representatives copies of all registrations and reports
received under sections 104 and 105 and all compilations,
cross-indexes, and summaries of such registrations and
reports, as soon as practicable (but not later than 3 working
days) after such material is received or created;
(12) make available to the public a list of all persons
whom the Director determines, under section 109 (after
exhaustion of all appeals under section 111) to have
committed a major or minor violation of this title and submit
such list to the Congress as part of the report provided for
under paragraph (13);
(13) make available to the public upon request and transmit
to the President, the Secretary of the Senate, the Clerk of
the House of Representatives, the Committee on Governmental
Affairs of the Senate, and the Committee on the Judiciary of
the House of Representatives a report, not later than March
31 of each year, describing the activities of the Office and
the implementation of this title, including--
(A) a financial statement for the preceding fiscal year;
(B) a summary of the registrations and reports filed with
the Office with respect to the preceding calendar year;
(C) a summary of the registrations and reports filed on
behalf of foreign entities with respect to the preceding
calendar year; and
(D) recommendations for such legislative or other action as
the Director considers appropriate; and
(14) study the appropriateness of the definition of
``public official'' under section 103(17) and make
recommendations for any change in such definition in the
first report filed pursuant to paragraph (13).
SEC. 108. INITIAL PROCEDURE FOR ALLEGED VIOLATIONS.
(a) Allegation of a Violation.--Whenever the Office of
Lobbying Registration and Public Disclosure has reason to
believe that a person or entity may be in violation of the
requirements of this title, the Director shall notify the
person or entity in writing of the nature of the alleged
violation and provide an opportunity for the person or entity
to respond in writing to the allegation within 30 days after
the notification is sent or such longer period as the
Director may determine appropriate in the circumstances.
(b) Initial Determination.--
(1) In general.--If the person or entity responds within
the period described in the notification under subsection
(a), the Director shall--
(A) issue a written determination that the person or entity
has not violated this title if the person or entity provides
adequate information or explanation to make such
determination; or
(B) make a formal request for information under subsection
(c) or a notification under section 109(a), if the
information or explanation provided is not adequate to make a
determination under subparagraph (A).
(2) Written decision.--If the Director makes a
determination under paragraph (1)(A), the Director shall
issue a public written decision in accordance with section
110.
(c) Formal Request for Information.--If a person or entity
fails to respond in writing within the period described in
the notification under subsection (a) or the response is not
adequate to determine whether such person or entity has
violated this title, the Director may make a formal request
for specific additional written information (subject to
applicable privileges) that is reasonably necessary for the
Director to make such determination. Each such request shall
be structured to minimize any burden imposed, consistent with
the need to determine whether the person or entity is in
compliance with this title, and shall--
(1) state the nature of the conduct constituting the
alleged violation which is the basis for the inquiry and the
provision of law applicable thereto;
(2) describe the class or classes of material to be
produced pursuant to the request with such definiteness and
certainty as to permit such material to be readily
identified; and
(3) prescribe a return date or dates which provide a
reasonable period of time within which the person or entity
may assemble and make available for inspection and copying or
reproduction the material so requested.
SEC. 109. DETERMINATIONS OF VIOLATIONS.
(a) Notification and Hearing.--If the information provided
to the Director under section 108 indicates that a person or
entity may have violated this title, the Director shall--
(1) notify the person or entity in writing of this finding
and, if appropriate, a proposed penalty assessment and
provide such person or entity with an opportunity to respond
in writing within 30 days after the notice is sent; and
(2) if requested in writing by that person or entity within
that 30-day period, afford the person or entity an
opportunity for a hearing on the record under the provisions
of section 554 of title 5, United States Code.
(b) Determination.--Upon the receipt of a written response
under subsection (a)(1) when no hearing under subsection
(a)(2) is requested, upon the completion of a hearing
requested under subsection (a)(2), or upon the expiration of
30 days in a case in which no such written response is
received, the Director shall review the information received
under section 108 and this section (including evidence
presented at any such hearing) and make a final determination
whether there was a violation and a final determination of
the penalty, if any. If no written response was received
under this section within the 30-day period provided, the
determination and penalty assessment shall constitute a final
order not subject to appeal.
(c) Written Decision.--
(1) Determination of violation.--If the Director makes a
final determination under subsection (b) that there was a
violation, the Director shall issue a written decision in
accordance with section 110--
(A) directing the person or entity to correct the
violation; and
(B) assessing a civil monetary penalty--
(i) in the case of a minor violation, which shall be no
more than $10,000, depending on the extent and gravity of the
violation;
(ii) in the case of a major violation, which shall be more
than $10,000, but no more than $200,000, depending on the
extent and gravity of the violation;
(iii) in the case of a late registration or filing, which
shall be $200 for each week by which the registration or
filing was late, unless the Director determines that the
failure to timely register or file constitutes a major
violation (as defined under subsection (e)(2)) in which case
the amount shall be as prescribed by clause (ii); or
(iv) in the case of a failure to provide information
requested by the Director pursuant to section 108(c), which
shall be no more than $10,000, depending on the extent and
gravity of the violation, except that no penalty shall be
assessed if the Director determines that the violation was
the result of a good faith dispute over the validity or
appropriate scope of a request for information.
(2) Determination of no violation or insufficient
evidence.--If the Director determines that no violation
occurred or there was not sufficient evidence that a
violation occurred, the Director shall issue a written
decision in accordance with section 110.
(d) Civil Injunctive Relief.--If a person or entity fails
to comply with a directive to correct a violation under
subsection (c), the Director shall refer the case to the
Attorney General to seek civil injunctive relief in the
appropriate court of the United States to compel such person
or entity to comply with such directive.
(e) Penalty Assessments.--
(1) General rule.--No penalty shall be assessed under this
section unless the Director finds that the person or entity
subject to the penalty knew or should have known that such
person or entity was in violation of this title. In
determining the amount of a penalty to be assessed, the
Director shall take into account the totality of the
circumstances, including the extent and gravity of the
violation, whether the violation was voluntarily admitted and
corrected, the extent to which the person or entity may have
profited from the violation, the ability of the person or
entity to pay, and such other matters as justice may require.
(2) Regulations.--Regulations prescribed by the Director
under section 107 shall define major and minor violations.
Major violations shall be defined to include a failure to
register and any other violation that is extensive or
repeated, if the person or entity who failed to register or
committed such other violation--
(A) had actual knowledge that the conduct constituted a
violation;
(B) acted in deliberate ignorance of the provisions of this
title or regulations related to the conduct constituting a
violation; or
(C) acted in reckless disregard of the provisions of this
title or regulations related to the conduct constituting a
violation.
(f) Limitation.--No proceeding shall be initiated under
section 108 or this section unless the Director notifies the
person or en-
[[Page 2077]]
tity who is to be the subject of the proceeding of the
alleged violation within 3 years after the date on which the
alleged violation occurred.
SEC. 110. DISCLOSURE OF INFORMATION; WRITTEN DECISIONS.
(a) Disclosure of Information.--Information provided to the
Director pursuant to sections 108 and 109 shall not be made
available to the public without the consent of the person or
entity providing the information, except to the extent that
such information may be included in--
(1) a new or amended report or registration filed under
this title; or
(2) a written decision issued by the Director under this
section.
(b) Written Decisions.--All written decisions issued by the
Director under sections 108 and 109 shall be made available
to the public. The Director may provide for the publication
of a written decision if the Director determines that
publication would provide useful guidance. Before making a
written decision public, the Director--
(1) shall delete information that would identify a person
or entity who was alleged to have violated this title if--
(A) there was insufficient evidence to determine that the
person or entity violated this title or the Director found
that person or entity did not violate this title, and
(B) the person or entity so requests; and
(2) shall delete information that would identify any other
person or entity (other than a person or entity who was found
to have violated this title), if the Director determines that
such person or entity could reasonably be expected to be
injured by the disclosure of such information.
SEC. 111. JUDICIAL REVIEW.
(a) Final Decision.--A written decision issued by the
Director under section 109 shall become final 60 days after
the date on which the Director provides notice of the
decision, unless such decision is appealed under subsection
(b) of this section.
(b) Appeal.--Any person or entity adversely affected by a
written decision issued by the Director under section 109 may
appeal such decision, except as provided under section
109(b), to the appropriate United States court of appeals.
Such review may be obtained by filing a written notice of
appeal in such court no later than 60 days after the date on
which the Director provides notice of the Director's decision
and by simultaneously sending a copy of such notice of appeal
to the Director. The Director shall file in such court the
record upon which the decision was issued, as provided under
section 2112 of title 28, United States Code. The findings of
fact of the Director shall be conclusive, unless found to be
unsupported by substantial evidence, as provided under
section 706(2)(E) of title 5, United States Code. Any penalty
assessed or other action taken in the decision shall be
stayed during the pendency of the appeal.
(c) Recovery of Penalty.--Any penalty assessed in a written
decision which has become final under this title may be
recovered in a civil action brought by the Attorney General
in an appropriate United States district court. In any such
action, no matter that was raised or that could have been
raised before the Director or pursuant to judicial review
under subsection (b) may be raised as a defense, and the
determination of liability and the determination of amounts
of penalties and assessments shall not be subject to review.
SEC. 112. RULES OF CONSTRUCTION.
(a) Constitutional Rights.--Nothing in this title shall be
construed to prohibit or interfere with--
(1) the right to petition the government for the redress of
grievances;
(2) the right to express a personal opinion; or
(3) the right of association,
protected by the First Amendment to the Constitution.
(b) Prohibition of Activities.--Nothing in this title shall
be construed to prohibit, or to authorize the Director or any
court to prohibit, lobbying activities or lobbying contacts
by any person or entity, regardless of whether such person or
entity is in compliance with the requirements of this title.
(c) Audit and Investigations.--Nothing in this title shall
be construed to grant general audit or investigative
authority to the Director.
SEC. 113. AMENDMENTS TO THE FOREIGN AGENTS REGISTRATION ACT.
The Foreign Agents Registration Act of 1938 (22 U.S.C. 611
et seq.) is amended--
(1) in section 1--
(A) by striking subsection (j);
(B) in subsection (o) by striking ``the dissemination of
political propaganda and any other activity which the person
engaging therein believes will, or which he intends to,
prevail upon, indoctrinate, convert, induce, persuade, or in
any other way influence'' and inserting ``any activity that
the person engaging in believes will, or that the person
intends to, in any way influence'';
(C) in subsection (p) by striking the semicolon and
inserting a period; and
(D) by striking subsection (q);
(2) in section 3(g) (22 U.S.C. 613(g)), by striking
``established agency proceedings, whether formal or
informal.'' and inserting ``judicial proceedings, criminal or
civil law enforcement inquiries, investigations, or
proceedings, or agency proceedings required by statute or
regulation to be conducted on the record.'';
(3) in section 3 (22 U.S.C. 613) by adding at the end the
following:
``(h) Any agent of a person described in section 1(b)(2) or
an entity described in section 1(b)(3) if the agent is
required to register and does register under the Lobbying
Disclosure Act of 1994 in connection with the agent's
representation of such person or entity.'';
(4) in section 4(a) (22 U.S.C. 614(a))--
(A) by striking ``political propaganda'' and inserting
``informational materials''; and
(B) by striking ``and a statement, duly signed by or on
behalf of such an agent, setting forth full information as to
the places, times, and extent of such transmittal'';
(5) in section 4(b) (22 U.S.C. 614(b))--
(A) in the matter preceding clause (i), by striking
``political propaganda'' and inserting ``informational
materials''; and
(B) by striking ``(i) in the form of prints, or'' and all
that follows through the end of the subsection and inserting
``without placing in such informational materials a
conspicuous statement that the materials are distributed by
the agent on behalf of the foreign principal, and that
additional information is on file with the Department of
Justice, Washington, District of Columbia. The Attorney
General may by rule define what constitutes a conspicuous
statement for the purposes of this subsection.'';
(6) in section 4(c) (22 U.S.C. 614(c)), by striking
``political propaganda'' and inserting ``informational
materials'';
(7) in section 6 (22 U.S.C. 616)--
(A) in subsection (a) by striking ``and all statements
concerning the distribution of political propaganda'';
(B) in subsection (b) by striking ``, and one copy of every
item of political propaganda''; and
(C) in subsection (c) by striking ``copies of political
propaganda,'';
(8) in section 8 (22 U.S.C. 618)--
(A) in subsection (a)(2) by striking ``or in any statement
under section 4(a) hereof concerning the distribution of
political propaganda''; and
(B) by striking subsection (d); and
(9) in section 11 (22 U.S.C. 621) by striking ``, including
the nature, sources, and content of political propaganda
disseminated or distributed''.
SEC. 114. AMENDMENTS TO THE BYRD AMENDMENT.
(a) Revised Certification Requirements.--Section 1352(b) of
title 31, United States Code, is amended--
(1) in paragraph (2) by striking subparagraphs (A), (B),
and (C) and inserting the following:
``(A) the name of any registrant under the Lobbying
Disclosure Act of 1994 who has made lobbying contacts on
behalf of the person with respect to that Federal contract,
grant, loan, or cooperative agreement; and
``(B) a certification that the person making the
declaration has not made, and will not make, any payment
prohibited by subsection (a).'';
(2) in paragraph (3) by striking all that follows ``loan
shall contain'' and inserting ``the name of any registrant
under the Lobbying Disclosure Act of 1994 who has made
lobbying contacts on behalf of the person in connection with
that loan insurance or guarantee.''; and
(3) by striking paragraph (6) and redesignating paragraph
(7) as paragraph (6).
(b) Removal of Obsolete Reporting Requirement.--Section
1352 of title 31, United States Code, is further amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e), (f), (g), and (h) as
subsections (d), (e), (f), and (g), respectively.
SEC. 115. REPEAL OF CERTAIN LOBBYING PROVISIONS.
(a) Repeal of the Federal Regulation of Lobbying Act.--The
Federal Regulation of Lobbying Act (2 U.S.C. 261 et seq.) is
repealed.
(b) Repeal of Provisions Relating to Housing Lobbyist
Activities.--
(1) Section 13 of the Department of Housing and Urban
Development Act (42 U.S.C. 3537b) is repealed.
(2) Section 536(d) of the Housing Act of 1949 (42 U.S.C.
1490p(d)) is repealed.
SEC. 116. CONFORMING AMENDMENTS TO OTHER STATUTES.
(a) Amendment to Competitiveness Policy Council Act.--
Section 5206(e) of the Competitiveness Policy Council Act (15
U.S.C. 4804(e)) is amended by inserting ``or a lobbyist for a
foreign entity (as the terms `lobbyist' and `foreign entity'
are defined under section 103 of the Lobbying Disclosure Act
of 1994)'' after ``an agent for a foreign principal''.
(b) Amendments to Title 18, United States Code.--Section
219(a) of title 18, United States Code, is amended (1) by
inserting ``or a lobbyist required to register under the
Lobbying Disclosure Act of 1994 in connection with the
representation of a foreign entity, as defined in section
103(7) of that Act'' after ``an agent of a foreign principal
required to register under the Foreign Agents Registration
Act of 1938'', and (2) by striking out ``, as amended,''.
(c) Amendment to Foreign Service Act of 1980.--Section
602(c) of the Foreign Service Act of 1980 (22 U.S.C. 4002(c))
is amended by inserting ``or a lobbyist for a foreign entity
(as defined in section 103(7) of the Lobbying Disclosure Act
of 1994)'' after ``an agent of a foreign principal (as
defined by section 1(b) of the Foreign Agents Registration
Act of 1938)''.
SEC. 117. SEVERABILITY.
If any provision of this title, or the application thereof,
is held invalid, the validity of the remainder of this title
and the applica-
[[Page 2078]]
tion of such provision to other persons and circumstances
shall not be affected thereby.
SEC. 118. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal years
1995, 1996, 1997, 1998, and 1999 such sums as may be
necessary to carry out this title.
SEC. 119. IDENTIFICATION OF CLIENTS AND COVERED OFFICIALS.
(a) Oral Lobbying Contacts.--Any person or entity that
makes an oral lobbying contact with a covered legislative
branch official or a covered executive branch official shall,
on the request of the official at the time of the lobbying
contact--
(1) state whether the person or entity is registered under
this title and identify the client on whose behalf the
lobbying contact is made; and
(2) state whether such client is a foreign entity and
identify any foreign entity required to be disclosed under
section 104(b)(4) that has a direct interest in the outcome
of the lobbying activity.
(b) Written Lobbying Contacts.--Any person or entity
registered under this title that makes a written lobbying
contact (including an electronic communication) with a
covered legislative branch official or a covered executive
branch official shall--
(1) if the client on whose behalf the lobbying contact was
made is a foreign entity, identify such client, state that
the client is considered a foreign entity under this title,
and state whether the person making the lobbying contact is
registered on behalf of that client under section 104; and
(2) identify any other foreign entity identified pursuant
to section 104(b)(4) that has a direct interest in the
outcome of the lobbying activity.
(c) Identification as Covered Official.--Upon request by a
person or entity making a lobbying contact, the individual
who is contacted or the office employing that individual
shall indicate whether or not the individual is a covered
legislative branch official or a covered executive branch
official.
SEC. 120. TRANSITIONAL FILING REQUIREMENT.
(a) Simultaneous Filing.--Subject to subsection (b), each
registrant shall transmit simultaneously to the Secretary of
the Senate and the Clerk of the House of Representatives an
identical copy of each registration and report required to be
filed under this title.
(b) Sunset Provision.--The simultaneous filing requirement
under subsection (a) shall be effective until such time as
the Director, in consultation with the Secretary of the
Senate and the Clerk of the House of Representatives,
determines that the Office of Lobbying Registration and
Public Disclosure is able to provide computer
telecommunication or other transmittal of registrations and
reports as required under section 107(b)(11).
(c) Implementation.--The Director, the Secretary of the
Senate, and the Clerk of the House of Representatives shall
take such actions as necessary to ensure that the Office of
Lobbying Registration and Public Disclosure is able to
provide computer telecommunication or other transmittal of
registrations and reports as required under section
107(b)(11) on the effective date of this title, or as soon
thereafter as reasonably practicable.
SEC. 121. EFFECTIVE DATES AND INTERIM RULES.
(a) In General.--Except as otherwise provided in this
section, this title and the amendments made by this title
shall take effect January 1, 1996.
(b) Effective Date of Gift Prohibition.--Section 106 shall
take effect on January 3, 1995. Beginning on that date, and
for the remainder of calendar year 1995, such section shall
apply to any gift provided by a lobbyist or an agent of a
foreign principal registered under the Federal Regulation of
Lobbying Act or the Foreign Agents Registration Act,
including any person registered under such Acts as of July 1,
1994, or thereafter.
(c) Establishment of Office.--Sections 107 and 118 shall
take effect on the date of enactment of this Act.
(d) Repeals and Amendments.--The repeals and amendments
made under sections 113, 114, 115, and 116 shall take effect
as provided under subsection (a), except that such repeals
and amendments--
(1) shall not affect any proceeding or suit commenced
before the effective date under subsection (a), and in all
such proceedings or suits, proceedings shall be had, appeals
taken, and judgments rendered in the same manner and with the
same effect as if this title had not been enacted; and
(2) shall not affect the requirements of Federal agencies
to compile, publish, and retain information filed or received
before the effective date of such repeals and amendments.
(e) Regulations.--Proposed regulations required to
implement this title shall be published for public comment no
later than 270 days after the date of the enactment of this
Act. No later than 1 year after the date of the enactment of
this Act, final regulations required to implement this title
shall be published.
(f) Phase-In Period.--No penalty shall be assessed by the
Director under section 109(e) for a violation of this title,
other than for a violation of section 106, which occurs
during the first semiannual reporting period under section
105 after the effective date prescribed by subsection (a).
(g) Interim Rules.--
(1) Reporting rule.--A person or entity that is required to
account for lobbying expenditures and does account for
lobbying expenditures pursuant to section 162(e) of the
Internal Revenue Code of 1986 may make a good faith estimate
(by category of dollar value) of the amount that would not be
deductible pursuant to that section for the applicable
semiannual period to meet the requirements of sections
104(a)(3), 105(a)(2), and 105(b)(4), if the person or
entity--
(A) makes such an estimate to meet the requirements of each
such section of this title for a given calendar year; and
(B) informs the Director that the person or entity is
making such an estimate in any registration or report
including such an estimate.
(2) De minimus rule.--In determining whether its employees
are lobbyists under section 103(12)--
(A) a person or entity that is required to report and does
report lobbying expenditures pursuant to section 6033(b)(8)
of the Internal Revenue Code of 1986, and makes an estimate
of expenses pursuant to section 105(c)(4) of this title to
meet the requirements of sections 104(a)(3), 105(a)(2),
105(b)(4), and 105(b)(6) of this title, shall, in lieu of
using the definition of ``lobbying activities'' in section
103(9) of this title, consider as lobbying activities--
(i) activities that are influencing legislation as defined
in section 4911(d) of the Internal Revenue Code of 1986;
(ii) activities described in section 4911(d)(2)(C) of the
Internal Revenue Code of 1986; and
(iii) lobbying activities (as defined in section 103(9))
that are in support of a lobbying contact with a covered
executive branch official; and
(B) a person or entity that is required to account for
lobbying expenditures and does account for lobbying
expenditures pursuant to section 162(e) of the Internal
Revenue Code of 1986, and makes an estimate of expenses
pursuant to paragraph (1) of this subsection, shall, in lieu
of using the definition of ``lobbying activities'' in section
103(9), consider as lobbying activities--
(i) activities that are influencing legislation within the
meaning of section 162(e)(1)(A) of the Internal Revenue Code
of 1986;
(ii) activities that are attempts to influence the general
public, as described in section 162(e)(1)(C) of the Internal
Revenue Code of 1986; and
(iii) lobbying activities (as defined in section 103(9))
that are in support of a lobbying contact with a covered
executive branch official.
(3) Study.--Not later than March 31, 1997, the Comptroller
General of the United States shall review reporting by
registrants under paragraph (1) of this section and section
105(c)(4) and report to the Congress--
(A) the differences between the definition of ``lobbying
activities'' in section 103(9) and the definitions of
``lobbying expenditures'', ``influencing legislation'', and
related terms in sections 162(e) and 4911 of the Internal
Revenue Code of 1986, as each are implemented by regulations;
(B) the impact that any such differences may have on filing
and reporting under this title pursuant to this subsection;
and
(C) any changes to this title or to the appropriate
sections of the Internal Revenue Code of 1986 that the
Comptroller General may recommend to harmonize the
definitions.
(4) Sunset period.--This subsection shall cease to be
effective on December 31, 1998.
(h) Interim director.--Within 30 days after the date of the
enactment of this Act, the President shall designate an
interim Director of the Office of Lobbying Registration and
Public Disclosure, who shall serve at the pleasure of the
President until a Director of such Office has been nominated
by the President and confirmed by the Senate. The interim
Director may not promulgate final regulations pursuant to
section 107(d) or initiate procedures for alleged violations
pursuant to sections 108 and 109.
TITLE II--CONGRESSIONAL GIFT RULES
SEC. 201. AMENDMENTS TO SENATE RULES.
Rule XXXV of the Standing Rules of the Senate is amended to
read as follows:
``1. No Member, officer, or employee of the Senate shall
accept a gift, knowing that such gift is provided by a
registered lobbyist, a lobbying firm, or an agent of a
foreign principal in violation of the Lobbying Disclosure Act
of 1994.
``2. (a) In addition to the restriction on receiving gifts
from registered lobbyists, lobbying firms, and agents of
foreign principals provided by paragraph 1 and except as
provided in this Rule, no Member, officer, or employee of the
Senate shall knowingly accept a gift from any other person.
``(b)(1) For the purpose of this Rule, the term `gift'
means any gratuity, favor, discount, entertainment,
hospitality, loan, forbearance, or other item having monetary
value. The term includes gifts of services, training,
transportation, lodging, and meals, whether provided in kind,
by purchase of a ticket, payment in advance, or reimbursement
after the expense has been incurred.
``(2) A gift to the spouse or dependent of a Member,
officer, or employee (or a gift to any other individual based
on that individual's relationship with the Member, officer,
or employee) shall be considered a gift to the Member,
officer, or employee if it is given with the knowledge and
acquiescence of the Member, officer, or employee and the
Member, officer, or employee has reason to believe the gift
was given because of the official position of the Member,
officer, or employee.
[[Page 2079]]
``(c) The restrictions in subparagraph (a) shall not apply
to the following:
``(1) Anything for which the Member, officer, or employee
pays the market value, or does not use and promptly returns
to the donor.
``(2) A contribution, as defined in the Federal Election
Campaign Act of 1971 (2 U.S.C. 431 et seq.) that is lawfully
made under that Act, or attendance at a fundraising event
sponsored by a political organization described in section
527(e) of the Internal Revenue Code of 1986.
``(3) Anything provided by an individual on the basis of a
personal or family relationship unless the Member, officer,
or employee has reason to believe that, under the
circumstances, the gift was provided because of the official
position of the Member, officer, or employee and not because
of the personal or family relationship. The Select Committee
on Ethics shall provide guidance on the applicability of this
clause and examples of circumstances under which a gift may
be accepted under this exception.
``(4) A contribution or other payment to a legal expense
fund established for the benefit of a Member, officer, or
employee, that is otherwise lawfully made, if the person
making the contribution or payment is identified for the
Select Committee on Ethics.
``(5) Any food or refreshments which the recipient
reasonably believes to have a value of less than $20.
``(6) Any gift from another Member, officer, or employee of
the Senate or the House of Representatives.
``(7) Food, refreshments, lodging, and other benefits--
``(A) resulting from the outside business or employment
activities (or other outside activities that are not
connected to the duties of the Member, officer, or employee
as an officeholder) of the Member, officer, or employee, or
the spouse of the Member, officer, or employee, if such
benefits have not been offered or enhanced because of the
official position of the Member, officer, or employee and are
customarily provided to others in similar circumstances;
``(B) customarily provided by a prospective employer in
connection with bona fide employment discussions; or
``(C) provided by a political organization described in
section 527(e) of the Internal Revenue Code of 1986 in
connection with a fundraising or campaign event sponsored by
such an organization.
``(8) Pension and other benefits resulting from continued
participation in an employee welfare and benefits plan
maintained by a former employer.
``(9) Informational materials that are sent to the office
of the Member, officer, or employee in the form of books,
articles, periodicals, other written materials, audio tapes,
videotapes, or other forms of communication.
``(10) Awards or prizes which are given to competitors in
contests or events open to the public, including random
drawings.
``(11) Honorary degrees (and associated travel, food,
refreshments, and entertainment) and other bona fide,
nonmonetary awards presented in recognition of public service
(and associated food, refreshments, and entertainment
provided in the presentation of such degrees and awards).
``(12) Donations of products from the State that the Member
represents that are intended primarily for promotional
purposes, such as display or free distribution, and are of
minimal value to any individual recipient.
``(13) Food, refreshments, and entertainment provided to a
Member or an employee of a Member in the Member's home State,
subject to reasonable limitations, to be established by the
Committee on Rules and Administration.
``(14) An item of little intrinsic value such as a greeting
card, baseball cap, or a T shirt.
``(15) Training (including food and refreshments furnished
to all attendees as an integral part of the training)
provided to a Member, officer, or employee, if such training
is in the interest of the Senate.
``(16) Bequests, inheritances, and other transfers at
death.
``(17) Any item, the receipt of which is authorized by the
Foreign Gifts and Decorations Act, the Mutual Educational and
Cultural Exchange Act, or any other statute.
``(18) Anything which is paid for by the Federal
Government, by a State or local government, or secured by the
Government under a Government contract.
``(19) A gift of personal hospitality of an individual, as
defined in section 109(14) of the Ethics in Government Act.
``(20) Free attendance at a widely attended event permitted
pursuant to subparagraph (d).
``(21) Opportunities and benefits which are--
``(A) available to the public or to a class consisting of
all Federal employees, whether or not restricted on the basis
of geographic consideration;
``(B) offered to members of a group or class in which
membership is unrelated to congressional employment;
``(C) offered to members of an organization, such as an
employees' association or congressional credit union, in
which membership is related to congressional employment and
similar opportunities are available to large segments of the
public through organizations of similar size;
``(D) offered to any group or class that is not defined in
a manner that specifically discriminates among Government
employees on the basis of branch of Government or type of
responsibility, or on a basis that favors those of higher
rank or rate of pay;
``(E) in the form of loans from banks and other financial
institutions on terms generally available to the public; or
``(F) in the form of reduced membership or other fees for
participation in organization activities offered to all
Government employees by professional organizations if the
only restrictions on membership relate to professional
qualifications.
``(22) A plaque, trophy, or other memento of modest value.
``(23) Anything for which, in an unusual case, a waiver is
granted by the Select Committee on Ethics.
``(d)(1) Except as prohibited by paragraph 1, a Member,
officer, or employee may accept an offer of free attendance
at a widely attended convention, conference, symposium,
forum, panel discussion, dinner, viewing, reception, or
similar event, provided by the sponsor of the event, if--
``(A) the Member, officer, or employee participates in the
event as a speaker or a panel participant, by presenting
information related to Congress or matters before Congress,
or by performing a ceremonial function appropriate to the
Member's, officer's, or employee's official position; or
``(B) attendance at the event is appropriate to the
performance of the official duties or representative function
of the Member, officer, or employee.
``(2) A Member, officer, or employee who attends an event
described in clause (1) may accept a sponsor's unsolicited
offer of free attendance at the event for an accompanying
individual if others in attendance will generally be
similarly accompanied or if such attendance is appropriate to
assist in the representation of the Senate.
``(3) Except as prohibited by paragraph 1, a Member,
officer, or employee, or the spouse or dependent thereof, may
accept a sponsor's unsolicited offer of free attendance at a
charity event, except that reimbursement for transportation
and lodging may not be accepted in connection with the event.
``(4) For purposes of this paragraph, the term `free
attendance' may include waiver of all or part of a conference
or other fee, the provision of local transportation, or the
provision of food, refreshments, entertainment, and
instructional materials furnished to all attendees as an
integral part of the event. The term does not include
entertainment collateral to the event, or food or
refreshments taken other than in a group setting with all or
substantially all other attendees.
``(e) No Member, officer, or employee may accept a gift the
value of which exceeds $250 on the basis of the personal
relationship exception in subparagraph (c)(3) or the close
personal friendship exception in section 106(d) of the
Lobbying Disclosure Act of 1994 unless the Select Committee
on Ethics issues a written determination that one of such
exceptions applies.
``(f)(1) The Committee on Rules and Administration is
authorized to adjust the dollar amount referred to in
subparagraph (c)(5) on a periodic basis, to the extent
necessary to adjust for inflation.
``(2) The Select Committee on Ethics shall provide guidance
setting forth reasonable steps that may be taken by Members,
officers, and employees, with a minimum of paperwork and
time, to prevent the acceptance of prohibited gifts from
lobbyists.
``(3) When it is not practicable to return a tangible item
because it is perishable, the item may, at the discretion of
the recipient, be given to an appropriate charity or
destroyed.
``3. (a)(1) Except as prohibited by paragraph 1, a
reimbursement (including payment in kind) to a Member,
officer, or employee for necessary transportation, lodging
and related expenses for travel to a meeting, speaking
engagement, factfinding trip or similar event in connection
with the duties of the Member, officer, or employee as an
officeholder shall be deemed to be a reimbursement to the
Senate and not a gift prohibited by this rule, if the Member,
officer, or employee--
``(A) in the case of an employee, receives advance
authorization, from the Member or officer under whose direct
supervision the employee works, to accept reimbursement, and
``(B) discloses the expenses reimbursed or to be reimbursed
and the authorization to the Secretary of the Senate within
30 days after the travel is completed.
``(2) For purposes of clause (1), events, the activities of
which are substantially recreational in nature, shall not be
considered to be in connection with the duties of a Member,
officer, or employee as an officeholder.
``(b) Each advance authorization to accept reimbursement
shall be signed by the Member or officer under whose direct
supervision the employee works and shall include--
``(1) the name of the employee;
``(2) the name of the person who will make the
reimbursement;
``(3) the time, place, and purpose of the travel; and
``(4) a determination that the travel is in connection with
the duties of the employee as an officeholder and would not
create the appearance that the employee is using public
office for private gain.
``(c) Each disclosure made under subparagraph (a)(1) of
expenses reimbursed or to be reimbursed shall be signed by
the Member or officer (in the case of travel by that Member
or officer) or by the Member or officer under whose direct
supervision the employee works (in the case of travel by an
employee) and shall include--
[[Page 2080]]
``(1) a good faith estimate of total transportation
expenses reimbursed or to be reimbursed;
``(2) a good faith estimate of total lodging expenses
reimbursed or to be reimbursed;
``(3) a good faith estimate of total meal expenses
reimbursed or to be reimbursed;
``(4) a good faith estimate of the total of other expenses
reimbursed or to be reimbursed;
``(5) a determination that all such expenses are necessary
transportation, lodging, and related expenses as defined in
this paragraph; and
``(6) in the case of a reimbursement to a Member or
officer, a determination that the travel was in connection
with the duties of the Member or officer as an officeholder
and would not create the appearance that the Member or
officer is using public office for private gain.
``(d) For the purposes of this paragraph, the term
`necessary transportation, lodging, and related expenses'--
``(1) includes reasonable expenses that are necessary for
travel for a period not exceeding 3 days exclusive of
traveltime within the United States or 7 days exclusive of
traveltime outside of the United States unless approved in
advance by the Select Committee on Ethics;
``(2) is limited to reasonable expenditures for
transportation, lodging, conference fees and materials, and
food and refreshments, including reimbursement for necessary
transportation, whether or not such transportation occurs
within the periods described in clause (1);
``(3) does not include expenditures for recreational
activities, or entertainment other than that provided to all
attendees as an integral part of the event; and
``(4) may include travel expenses incurred on behalf of
either the spouse or a child of the Member, officer, or
employee, subject to a determination signed by the Member or
officer (or in the case of an employee, the Member or officer
under whose direct supervision the employee works) that the
attendance of the spouse or child is appropriate to assist in
the representation of the Senate.
``(e) The Secretary of the Senate shall make available to
the public all advance authorizations and disclosures of
reimbursement filed pursuant to subparagraph (a) as soon as
possible after they are received.''.
SEC. 202. AMENDMENTS TO HOUSE RULES.
Clause 4 of rule XLIII of the Rules of the House of
Representatives is amended read as follows:
``4. (a) No Member, officer, or employee of the House of
Representatives shall accept a gift, knowing that such gift
is provided directly or indirectly by a registered lobbyist,
a lobbying firm, or an agent of a foreign principal in
violation of the Lobbying Disclosure Act of 1994.
``(b) In addition to the restriction on receiving gifts
from registered lobbyists, lobbying firms, and agents of
foreign principals provided by paragraph (a) and except as
provided in this Rule, no Member, officer, or employee of the
House of Representatives shall knowingly accept a gift from
any other person.
``(c)(1) For the purpose of this clause, the term `gift'
means any gratuity, favor, discount, entertainment,
hospitality, loan, forbearance, or other item having monetary
value. The term includes gifts of services, training,
transportation, lodging, and meals, whether provided in kind,
by purchase of a ticket, payment in advance, or reimbursement
after the expense has been incurred.
``(2) A gift to the spouse or dependent of a Member,
officer, or employee (or a gift to any other individual based
on that individual's relationship with the Member, officer,
or employee) shall be considered a gift to the Member,
officer, or employee if it is given with the knowledge and
acquiescence of the Member, officer, or employee and the
Member, officer, or employee has reason to believe the gift
was given because of the official position of the Member,
officer, or employee.
``(d) The restrictions in paragraph (b) shall not apply to
the following:
``(1) Anything for which the Member, officer, or employee
pays the market value, or does not use and promptly returns
to the donor.
``(2) A contribution, as defined in the Federal Election
Campaign Act of 1971 (2 U.S.C. 431 et seq.) that is lawfully
made under that Act, or attendance at a fundraising event
sponsored by a political organization described in section
527(e) of the Internal Revenue Code of 1986.
``(3) Anything provided by an individual on the basis of a
personal or family relationship unless the Member, officer,
or employee has reason to believe that, under the
circumstances, the gift was provided because of the official
position of the Member, officer, or employee and not because
of the personal or family relationship. The Committee on
Standards of Official Conduct shall provide guidance on the
applicability of this clause and examples of circumstances
under which a gift may be accepted under this exception.
``(4) A contribution or other payment to a legal expense
fund established for the benefit of a Member, officer, or
employee, that is otherwise lawfully made, if the person
making the contribution or payment is identified for the
Committee on Standards of Official Conduct.
``(5) Any food or refreshments which the recipient
reasonably believes to have a value of less than $20.
``(6) Any gift from another Member, officer, or employee of
the Senate or the House of Representatives.
``(7) Food, refreshments, lodging, and other benefits--
``(A) resulting from the outside business or employment
activities (or other outside activities that are not
connected to the duties of the Member, officer, or employee
as an officeholder) of the Member, officer, or employee, or
the spouse of the Member, officer, or employee, if such
benefits have not been offered or enhanced because of the
official position of the Member, officer, or employee and are
customarily provided to others in similar circumstances;
``(B) customarily provided by a prospective employer in
connection with bona fide employment discussions; or
``(C) provided by a political organization described in
section 527(e) of the Internal Revenue Code of 1986 in
connection with a fundraising or campaign event sponsored by
such an organization.
``(8) Pension and other benefits resulting from continued
participation in an employee welfare and benefits plan
maintained by a former employer.
``(9) Informational materials that are sent to the office
of the Member, officer, or employee in the form of books,
articles, periodicals, other written materials, audio tapes,
videotapes, or other forms of communication.
``(10) Awards or prizes which are given to competitors in
contests or events open to the public, including random
drawings.
``(11) Honorary degrees (and associated travel, food,
refreshments, and entertainment) and other bona fide,
nonmonetary awards presented in recognition of public service
(and associated food, refreshments, and entertainment
provided in the presentation of such degrees and awards).
``(12) Donations of products from the State that the Member
represents that are intended primarily for promotional
purposes, such as display or free distribution, and are of
minimal value to any individual recipient.
``(13) Food, refreshments, and entertainment provided to a
Member or an employee of a Member in the Member's home State,
subject to reasonable limitations, to be established by the
Committee on Standards of Official Conduct.
``(14) An item of little intrinsic value such as a greeting
card, baseball cap, or a T shirt.
``(15) Training (including food and refreshments furnished
to all attendees as an integral part of the training)
provided to a Member, officer, or employee, if such training
is in the interest of the House of Representatives.
``(16) Bequests, inheritances, and other transfers at
death.
``(17) Any item, the receipt of which is authorized by the
Foreign Gifts and Decorations Act, the Mutual Educational and
Cultural Exchange Act, or any other statute.
``(18) Anything which is paid for by the Federal
Government, by a State or local government, or secured by the
Government under a Government contract.
``(19) A gift of personal hospitality of an individual, as
defined in section 109(14) of the Ethics in Government Act.
``(20) Free attendance at a widely attended event permitted
pursuant to paragraph (e).
``(21) Opportunities and benefits which are--
``(A) available to the public or to a class consisting of
all Federal employees, whether or not restricted on the basis
of geographic consideration;
``(B) offered to members of a group or class in which
membership is unrelated to congressional employment;
``(C) offered to members of an organization, such as an
employees' association or congressional credit union, in
which membership is related to congressional employment and
similar opportunities are available to large segments of the
public through organizations of similar size;
``(D) offered to any group or class that is not defined in
a manner that specifically discriminates among Government
employees on the basis of branch of Government or type of
responsibility, or on a basis that favors those of higher
rank or rate of pay;
``(E) in the form of loans from banks and other financial
institutions on terms generally available to the public; or
``(F) in the form of reduced membership or other fees for
participation in organization activities offered to all
Government employees by professional organizations if the
only restrictions on membership relate to professional
qualifications.
``(22) A plaque, trophy, or other memento of modest value.
``(23) Anything for which, in exceptional circumstances, a
waiver is granted by the Committee on Standards of Official
Conduct.
``(e)(1) Except as prohibited by paragraph (a), a Member,
officer, or employee may accept an offer of free attendance
at a widely attended convention, conference, symposium,
forum, panel discussion, dinner, viewing, reception, or
similar event, provided by the sponsor of the event, if--
``(A) the Member, officer, or employee participates in the
event as a speaker or a panel participant, by presenting
information related to Congress or matters before Congress,
or by performing a ceremonial function appropriate to the
Member's, officer's, or employee's official position; or
``(B) attendance at the event is appropriate to the
performance of the official duties or representative function
of the Member, officer, or employee.
``(2) A Member, officer, or employee who attends an event
described in subparagraph (1) may accept a sponsor's
unsolicited offer
[[Page 2081]]
of free attendance at the event for an accompanying
individual if others in attendance will generally be
similarly accompanied or if such attendance is appropriate to
assist in the representation of the House of Representatives.
``(3) Except as prohibited by paragraph (a), a Member,
officer, or employee, or the spouse or dependent thereof, may
accept a sponsor's unsolicited offer of free attendance at a
charity event, except that reimbursement for transportation
and lodging may not be accepted in connection with the event.
``(4) For purposes of this paragraph, the term `free
attendance' may include waiver of all or part of a conference
or other fee, the provision of local transportation, or the
provision of food, refreshments, entertainment, and
instructional materials furnished to all attendees as an
integral part of the event. The term does not include
entertainment collateral to the event, or food or
refreshments taken other than in a group setting with all or
substantially all other attendees.
``(f) No Member, officer, or employee may accept a gift the
value of which exceeds $250 on the basis of the personal
relationship exception in paragraph (d)(3) or the close
personal friendship exception in section 106(d) of the
Lobbying Disclosure Act of 1994 unless the Committee on
Standards of Official Conduct issues a written determination
that one of such exceptions applies.
``(g)(1) The Committee on Standards of Official Conduct is
authorized to adjust the dollar amount referred to in
paragraph (c)(5) on a periodic basis, to the extent necessary
to adjust for inflation.
``(2) The Committee on Standards of Official Conduct shall
provide guidance setting forth reasonable steps that may be
taken by Members, officers, and employees, with a minimum of
paperwork and time, to prevent the acceptance of prohibited
gifts from lobbyists.
``(3) When it is not practicable to return a tangible item
because it is perishable, the item may, at the discretion of
the recipient, be given to an appropriate charity or
destroyed.
``(h)(1)(A) Except as prohibited by paragraph (a), a
reimbursement (including payment in kind) to a Member,
officer, or employee for necessary transportation, lodging
and related expenses for travel to a meeting, speaking
engagement, factfinding trip or similar event in connection
with the duties of the Member, officer, or employee as an
officeholder shall be deemed to be a reimbursement to the
House of Representatives and not a gift prohibited by this
paragraph, if the Member, officer, or employee--
``(i) in the case of an employee, receives advance
authorization, from the Member or officer under whose direct
supervision the employee works, to accept reimbursement, and
``(ii) discloses the expenses reimbursed or to be
reimbursed and the authorization to the Clerk of the House of
Representatives within 30 days after the travel is completed.
``(B) For purposes of clause (A), events, the activities of
which are substantially recreational in nature, shall not be
considered to be in connection with the duties of a Member,
officer, or employee as an officeholder.
``(2) Each advance authorization to accept reimbursement
shall be signed by the Member or officer under whose direct
supervision the employee works and shall include--
``(A) the name of the employee;
``(B) the name of the person who will make the
reimbursement;
``(C) the time, place, and purpose of the travel; and
``(D) a determination that the travel is in connection with
the duties of the employee as an officeholder and would not
create the appearance that the employee is using public
office for private gain.
``(3) Each disclosure made under subparagraph (1)(A) of
expenses reimbursed or to be reimbursed shall be signed by
the Member or officer (in the case of travel by that Member
or officer) or by the Member or officer under whose direct
supervision the employee works (in the case of travel by an
employee) and shall include--
``(A) a good faith estimate of total transportation
expenses reimbursed or to be reimbursed;
``(B) a good faith estimate of total lodging expenses
reimbursed or to be reimbursed;
``(C) a good faith estimate of total meal expenses
reimbursed or to be reimbursed;
``(D) a good faith estimate of the total of other expenses
reimbursed or to be reimbursed;
``(E) a determination that all such expenses are necessary
transportation, lodging, and related expenses as defined in
this paragraph; and
``(F) in the case of a reimbursement to a Member or
officer, a determination that the travel was in connection
with the duties of the Member or officer as an officeholder
and would not create the appearance that the Member or
officer is using public office for private gain.
``(4) For the purposes of this paragraph, the term
`necessary transportation, lodging, and related expenses'--
``(A) includes reasonable expenses that are necessary for
travel--
``(i) for a period not exceeding 4 days including travel
time within the United States or 7 days in addition to travel
time outside the United States; and
``(ii) within 24 hours before or after participation in an
event in the United States or within 48 hours before or after
participation in an event outside the United States,
unless approved in advance by the Committee on Standards of
Official Conduct;
``(B) is limited to reasonable expenditures for
transportation, lodging, conference fees and materials, and
food and refreshments, including reimbursement for necessary
transportation, whether or not such transportation occurs
within the periods described in clause (A);
``(C) does not include expenditures for recreational
activities or entertainment other than that provided to all
attendees as an integral part of the event; and
``(D) may include travel expenses incurred on behalf of
either the spouse or a child of the Member, officer, or
employee, subject to a determination signed by the Member or
officer (or in the case of an employee, the Member or officer
under whose direct supervision the officer or employee works)
that the attendance of the spouse or child is appropriate to
assist in the representation of the House of Representatives.
``(5) The Clerk of the House of Representatives shall make
available to the public all advance authorizations and
disclosures of reimbursement filed pursuant to subparagraph
(1) as soon as possible after they are received.''.
SEC. 203. MISCELLANEOUS PROVISIONS.
(a) Amendments to the Ethics in Government Act.--Section
102(a)(2)(B) of the Ethics in Government Act (5 U.S.C. 102,
App. 6) is amended by adding at the end thereof the
following: ``Reimbursements accepted by a Federal agency
pursuant to section 1353 of title 31, United States Code, or
deemed accepted by the Senate or the House of Representatives
pursuant to Rule XXXV of the Standing Rules of the Senate or
clause 4 of Rule XLIII of the Rules of the House of
Representatives shall be reported as required by such statute
or rule and need not be reported under this section.''.
(b) Repeal of Obsolete Provision.--Section 901 of the
Ethics Reform Act of 1989 (2 U.S.C. 31-2) is repealed.
(c) Senate Provisions.--
(1) Authority of the committee on rules and
administration.--The Senate Committee on Rules and
Administration, on behalf of the Senate, may accept gifts
provided they do not involve any duty, burden, or condition,
or are not made dependent upon some future performance by the
United States. The Committee on Rules and Administration is
authorized to promulgate regulations to carry out this
section.
(2) Food, refreshments, and entertainment.--The rules on
acceptance of food, refreshments, and entertainment provided
to a Member of the Senate or an employee of such a Member in
the Member's home State before the adoption of reasonable
limitations by the Committee on Rules and Administration
shall be the rules in effect on the day before the effective
date of this title.
(d) House Provision.--The rules on acceptance of food,
refreshments, and entertainment provided to a Member of the
House of Representatives or an employee of such a Member in
the Member's home State before the adoption of reasonable
limitations by the Committee on Standards of Official Conduct
shall be the rules in effect on the day before the effective
date of this title.
SEC. 204. EXERCISE OF CONGRESSIONAL RULEMAKING POWERS.
Sections 201, 202, 203(c), and 203(d) of this title are
enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and pursuant
to section 7353(b)(1) of title 5, United States Code, and
accordingly, they shall be considered as part of the rules of
each House, respectively, or of the House to which they
specifically apply, and such rules shall supersede other
rules only to the extent that they are inconsistent
therewith; and
(2) with full recognition of the constitutional right of
either House to change such rules (insofar as they relate to
that House) at any time and in the same manner and to the
same extent as in the case of any other rule of that House.
SEC. 205. EFFECTIVE DATE.
This title and the amendments made by this title shall take
effect on May 31, 1995.
And the House agree to the same.
John Bryan,
Dan Glickman,
Mike Synar,
Managers on the Part of the House.
John Glenn,
Carl Levin,
Daniel K. Akaka,
Bill Cohen,
Ted Stevens,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
By unanimous consent, the previous question was ordered on the
conference report to its adoption or rejection.
Mr. GEKAS moved to recommit the conference report on S. 349 to the
committee of conference with instructions for the managers on the part
of the House to carry out the following:
(1) In the proposed section 103--
(A) strike out paragraph (8),
(B) strike out the second sentence of paragraph (9)(A), and
(C) strike out subparagraph (B) of paragraph (9),
(2) Strike out paragraph (5) of section 104(b).
(3) Strike out paragraph (6) of section 105(b).
[[Page 2082]]
(4) In the proposed section 103(10)(B)(xviii), strike out
the material following subclause (II).
(5) In the proposed section 103, insert before the period
at the end of paragraph (12) the following: ``or a person who
spends more than $100,000 in a 6 month period to influence
decisionmaking in the executive and legislative branch.''.
(6) In the proposed section 106(c), strike paragraph (2).
(7) In the proposed Rule XXXV of the Standing Rules of the
Senate strike out subparagraphs (a) and (c) of paragraph 2
and in clause 4 of Rule XLIII of the Rules of the House of
Representatives strike out paragraphs (b) and (d) of clause
4.
(8) In title I redesignate sections 112 through 121 as
sections 113 through 122, respectively, and add after section
111 the following:
SEC. 112. LEGISLATIVE SERVICE ORGANIZATIONS.
(a) Coverage.--Any entity affiliated with a legislative
service organization shall be considered a lobbyist subject
to--
(1) the registration, reporting, and disclosure
requirements of sections 104 and 105
(2) the prohibition of section 106, and
(3) the amendments to the Standing Rules of the Senate and
the Rules of the House of Representatives made by title II.
(b) Other Requirements.--Each entity affiliated with a
legislative service organization shall report to the Office
of Lobbying Registration and Public Disclosure--
(1) the names and salaries of its staff,
(2) arrangements made with others to share staff and costs,
(3) relationships with other organizations in connection
with lobbying activities, and
(4) any contributions, gifts, or reimbursements received.
(c) Reports.--Any person, organization, or foreign
government which makes any contribution to any entity
affiliated with a legislative service organization during the
semiannual period beginning on the first day of January or
the first day of July of each year shall report such
contribution to the Office of Lobbying Registration and
Public Disclosure not later than 30 days after the end of
that semiannual period.
(d) Special Form.--For purposes of reporting, the Office of
Lobbying Registration and Public Disclosure shall issue a
form that clearly identifies reportable activity by or to an
entity affiliated with a legislative service organization.
(e) Definitions.--For purposes of this section:
(1) The term ``contribution'' means a gift, subscription,
loan, advance, or deposit of money or anything of value and
includes a contract, promise, or agreement, whether or not
legally enforceable, to make a contribution.
(2) The term ``legislative service organization'' refers to
a particular category of working groups or caucuses organized
to provide legislative services and assistance to Members of
the House of Representatives and certified by the Committee
on House Administration.
(3) The term ``entity affiliated'' means an organization
which is described in at least 2 of the following:
(A) An organization which spends at least 10 percent of its
funds in any year on--
(i) travel expenses for Members of Congress or
congressional staff,
(ii) meals, receptions, or other food and beverage expenses
on activities attended by Members of Congress or
congressional staff, and
(iii) gifts (other than educational materials) to Members
of Congress or congressional staff.
(B) An organization which has a name which is like or
similar to the name of an entity of the House of
Representatives, including a legislative service organization
or congressional member organization, or uses the word
``congressional'' in its official name or title.
(C) An organization which has a Member of Congress serving
on its board of directors or holding another controlling
position.
In the proposed section 103(3), strike ``and'' at the end
of subparagraph (F), strike the period at the end of
subparagraph (G) and insert ``; and'', and insert after
subparagraph (G) the following:
(H) any other officer or employee not otherwise described
in this paragraph serving in a position in the executive
branch that is classified at or above GS-14 of the General
Schedule.''.
At the end of the bill, add:
Any penalty applicable to lobbyists or lobbying firms in
this bill shall also apply to Members of Congress.
Pending consideration of said motion,
Para. 116.16 point of order
Mr. BRYANT made a point of order against the motion, and said:
``Madam Speaker, I make a point of order that the motion to recommit
offered by the gentleman from Pennsylvania [Mr. Gekas] is not in order,
in that it instructs the conferees to carry out instructions which
exceed the scope of the matters committed to conference. Specifically,
the motion to recommit contains language which expands the definition
of lobbyists and expands the definition of covered executive branch
officials.
``Both of these expanded definitions exceed the scope of the matters
committed to conference. Therefore, Madam Speaker, I insist on the
point of order.''.
Mr. GEKAS was recognized to speak to the point of order, and said:
``Madam Speaker, I believe that the motion to recommit is in order.
The important feature of the motion to recommit has to do with campaign
contributions in which we feel that, as we argued in the well of the
House, the big gift that we should be banning is campaign contributions
by lobbyists, not just sandwiches.''.
The SPEAKER pro tempore, Ms. PELOSI, sustained the point of order, and
said:
``The gentleman from Texas makes a point of order against the motion
to recommit offered by the gentleman from Pennsylvania.
``As discussed in section 26.12, chapter 33 of Procedure in the U.S.
House of Representatives, a motion to recommit a conference report may
not instruct House conferees to include matter beyond the scope of
differences committed to conference by either House.
``The motion offered by the gentleman from Pennsylvania includes
several instructions that violate this principle. For example, the
motion instructs conferees to expand the definition of `lobbyist' as
defined in both the Senate bill and House amendment to include not only
persons who spend a certain period of time engaging in lobbying
activities while serving a client but also those who spend more than a
certain dollar amount within a fixed period to influence
decisionmaking.
``Another example is found in the instruction that expands the
definition of `covered executive branch official' as defined in both
the Senate bill and House amendment to include a position in the
executive branch that is classified at or above GS-14 of the General
Schedule.
``The inclusion of even one of the above-described instructions
provides the Chair with an adequate basis to find the entire motion out
of order on the grounds the instructions exceed the scope of
differences committed to conference. Accordingly, the point of order is
sustained.''.
Mr. GEKAS moved to recommit the conference report on S. 349 to the
committee of conference with instructions for the managers on the part
of the House to carry out the following:
(1) In the proposed section 103--
(C) strike out subparagraph (B) of paragraph (9),
(2) Strike out paragraph (5) of section 104(b).
(3) Strike out paragraph (6) of section 105(b).
After debate,
By unanimous consent, the previous question was ordered on the motion
to recommit the conferencer report with instructions.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Ms. PELOSI, announced that the nays had it.
Mr. GEKAS objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
202
When there appeared
<3-line {>
Nays
215
Para. 116.17 [Roll No. 450]
YEAS--202
Allard
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Brewster
Brooks
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chapman
Clement
Clinger
Coble
Collins (GA)
Combest
Condit
Costello
Cox
Crane
Crapo
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (NJ)
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Hefner
Herger
Hobson
Hoekstra
Hoke
Holden
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
[[Page 2083]]
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lancaster
Laughlin
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manzullo
McCandless
McCollum
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Montgomery
Moorhead
Myers
Nussle
Ortiz
Oxley
Packard
Parker
Paxon
Payne (VA)
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stenholm
Stump
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Valentine
Vucanovich
Walker
Walsh
Weldon
Wilson
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--215
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Clay
Clayton
Coleman
Collins (IL)
Collins (MI)
Conyers
Cooper
Coppersmith
Coyne
Cramer
Danner
Darden
de la Garza
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Filner
Fingerhut
Flake
Foglietta
Foley
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hilliard
Hinchey
Hoagland
Hochbrueckner
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lantos
LaRocco
Lehman
Levin
Lewis (GA)
Lipinski
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Orton
Pallone
Pastor
Payne (NJ)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickle
Pomeroy
Price (NC)
Rangel
Reed
Reynolds
Richardson
Ridge
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Skaggs
Slaughter
Snowe
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Taylor (MS)
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Whitten
Williams
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--18
Applegate
Berman
Clyburn
Fields (LA)
Fish
Gallo
Hayes
Hutto
Lloyd
McCrery
McCurdy
McDade
McNulty
Owens
Slattery
Thompson
Washington
Wheat
So the motion to recommit the conference report with instructions was
not agreed to.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Ms. PELOSI, announced that the yeas had it.
Mr. GEKAS demanded a recorded vote on agreeing to said conference
report, which demand was supported by one-fifth of a quorum, so a
recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
306
<3-line {>
affirmative
Nays
112
Para. 116.18 [Roll No. 451]
AYES--306
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Blute
Boehlert
Bonilla
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (OH)
Bryant
Byrne
Calvert
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Coleman
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Crapo
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Duncan
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Ewing
Farr
Fawell
Fazio
Filner
Fingerhut
Flake
Foglietta
Foley
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastert
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoke
Holden
Horn
Hoyer
Huffington
Hughes
Hutchinson
Hyde
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Klug
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Levy
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McHugh
McInnis
McKinney
Meehan
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Morella
Murphy
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quinn
Rahall
Ramstad
Rangel
Reed
Regula
Reynolds
Richardson
Ridge
Roemer
Rogers
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Roybal-Allard
Sabo
Sanders
Sangmeister
Santorum
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Tauzin
Taylor (MS)
Tejeda
Thomas (WY)
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt
Waxman
Weldon
Williams
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (FL)
Zeliff
Zimmer
NOES--112
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Bartlett
Barton
Bateman
Bentley
Bliley
Boehner
Brewster
Brooks
Brown (FL)
Bunning
Burton
Buyer
Callahan
Camp
Clinger
Coble
Collins (GA)
Collins (IL)
Combest
Cox
Crane
Cunningham
DeLay
Dickey
Dooley
Doolittle
Dornan
Dreier
Dunn
Emerson
Everett
Fields (TX)
Fowler
Gallegly
Gingrich
Goss
Grams
Grandy
Hall (TX)
Hancock
Hansen
Hastings
Hefley
Herger
Hoekstra
Houghton
Hunter
Inglis
Inhofe
Istook
Johnson, Sam
Kim
King
Kingston
Knollenberg
Kolbe
Kyl
Laughlin
Lewis (CA)
Lewis (FL)
Livingston
Lucas
McCandless
McCollum
McKeon
McMillan
Meek
Mica
Michel
Miller (FL)
Molinari
Moorhead
Moran
Murtha
Myers
Orton
Oxley
Packard
Parker
Paxon
Pombo
Quillen
Ravenel
Roberts
Rohrabacher
Rowland
Royce
Rush
Sarpalius
Schaefer
Shuster
Skeen
Smith (OR)
Spence
Stearns
Stump
Talent
Tanner
Taylor (NC)
Thomas (CA)
Traficant
Vucanovich
Walker
Whitten
Wilson
Young (AK)
NOT VOTING--17
Applegate
Clyburn
Fields (LA)
Fish
Gallo
Hayes
Hutto
Lloyd
McCrery
McCurdy
McDade
McNulty
Owens
Slattery
Thompson
Washington
Wheat
[[Page 2084]]
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 116.19 further message from the senate
A further message from the Senate by Mr. Hallen, one of its clerks,
announced that the Senate agreed to the report of the committee of
conference on the disagreeing votes of the two Houses on the amendments
of the Senate to the bill (H.R. 4650) ``An Act making appropriations for
the Department of Defense for the fiscal year ending September 30, 1995,
and for other purposes.''
Para. 116.20 providing for the consideration of h.r. 4683
Mr. MOAKLEY, by direction of the Committee on Rules, called up the
following resolution (H. Res. 552):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 4683) to amend the Solid Waste Disposal Act to
provide congressional authorization of State control over
transportation of municipal solid waste, and for other
purposes. The first reading of the bill shall be dispensed
with. General debate shall be confined to the bill and shall
not exceed on hour equally divided and controlled by the
chairman and ranking minority member of the Committee on
Energy and Commerce. After general debate the bill shall be
considered for amendment under the five-minute rule. It shall
be in order to consider as an original bill for the purpose
of amendment under the five-minute rule the amendment in the
nature of a substitute recommended by the Committee on Energy
and Commerce now printed in the bill. The committee amendment
in the nature of a substitute shall be considered as read. At
the conclusion of consideration of the bill for amendment the
Committee shall rise and report the bill to the House with
such amendments as may have been adopted. Any Member may
demand a separate vote in the House on any amendment adopted
in the Committee of the Whole to the bill or to the committee
amendment in the nature of a substitute. The previous
question shall be considered as ordered on the bill and
amendments thereto to final passage without intervening
motion except one motion to recommit with or without
instructions.
When said resolution was considered.
After debate,
On motion of Mr. MOAKLEY, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 116.21 solid waste disposal
The SPEAKER pro tempore, Mr. SKAGGS, pursuant to House Resolution 552
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 4683) to amend the Solid Waste Disposal Act to provide
congressional authorization of State control over transportation of
municipal solid waste, and for other purposes.
The SPEAKER pro tempore, Mr. SKAGGS, by unanimous consent, designated
Mrs. UNSOELD as Chairman of the Committee of the Whole; and after some
time spent therein,
Para. 116.22 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment in the nature of a subsitute
submitted by Mr. RICHARDSON:
Strike all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Municipal Solid Waste Flow
Control Act of 1994''.
SEC. 2. CONGRESSIONAL AUTHORIZATION OF STATE CONTROL OVER
MOVEMENT OF MUNICIPAL SOLID WASTE AND
RECYCLABLE MATERIALS.
(A) Amendment.--Subtitle D of the Solid Waste Disposal Act
is amended by adding the following new section after section
4010:
``SEC. 4011. CONGRESSIONAL AUTHORIZATION OF STATE CONTROL
OVER MOVEMENT OF MUNICIPAL SOLID WASTE AND
RECYCLABLE MATERIALS.
``(a) Authority.--Each State and each political subdivision
thereof is authorized to require the movement of municipal
solid waste generated, and recyclable material voluntarily
relinquished by its owner, within its jurisdiction to one or
more waste management facilities or recycling facilities if
such requirement--
``(1) is imposed pursuant to a law, ordinance, or other
official act of the State or political subdivision in effect
on May 15, 1994; and
``(2) has been implemented by designating before May 15,
1994, the particular management facilities in operation as of
May 15, 1994, to which the municipal solid waste and
recyclables must be moved.
Such authorization shall include any political subdivision
that has in fact implemented such requirements prior to May
15, 1994, by requiring municipal solid waste to be sent to
particular waste management facilities, but for which the
legal authority for requiring such movement of municipal
solid waste does not require the designation of particular
facilities to receive such waste, or such legal authority
resides in a designated official of the political
subdivision. The authority of this section shall only extend
to the specific classes or categories of municipal solid
waste which were actually subject to a requirement of
movement to one or more waste management facilities on or
before May 15, 1994. With respect to each designated
facility, the authority of this section shall be effective
for the remaining life of a contract between the State or
political subdivision and any other person regarding the
movement or delivery of such waste or recyclable materials
(as in effect May 15, 1994), or until completion of the
schedule for payment of the capital costs of the facility
concerned (as in effect May 15, 1994), or for the remaining
useful life of the facility, whichever is longer.
``(b) Certain Redesignations of Facilities.--
Notwithstanding the restrictions in subsection (a)(2), any
political subdivision of a State, which (1) required the
movement of municipal solid waste or recyclable materials
voluntarily relinquished by its owner to one or more waste
management facilities or recycling facilities prior to May
15, 1994; (2) declared its intent to redesignate the
facilities receiving such materials prior to May 15, 1994,
and (3) as of the date of enactment of this section is in the
process of redesignating the facilities receiving such
materials, shall be granted the authority in subsection (a).
``(c) Commitment to Construction.--Notwithstanding the
restrictions in subsection (a)(1) and (2), any political
subdivision of a State may be granted the authority in
subsection (a), if--
``(1) the law, ordinance, regulation, solid waste
management plan, or legally binding provision specifically
provides for the transportation or disposal of municipal
solid waste generated within its boundaries, was in effect
prior to May 15, 1994, and, in the case of a solid waste
management plan, has the approval of either the State or the
Administrator pursuant to this title, and
``(2) commits to the selection of one or more waste
management facilities for such method of transportation
facilities or disposal of municipal solid waste. Such a
commitment to one or more waste management facilities is
demonstrated by one or more of the following factors--
``(A) all required permits for the construction of such
facility were submitted prior to May 15, 1994,
``(B) contracts for the construction of such facility were
in effect prior to May 15, 1994,
``(C) revenue bonds were presented for sale to specifically
provide revenue for the construction of such facility prior
to May 15, 1994, or
``(D) the State or subdivision submitted to the appropriate
regulatory agency or agencies, on or before May 16, 1994,
administratively complete permit applications for the
construction and operation of the waste management facility.
``(d) Retained Authority.--Upon the request of any
generator of municipal solid waste affected by this section,
the State or political subdivision may authorize the
diversion of all or a portion of the solid wastes generated
by the generator making such request to a solid waste
facility, other than the facility or facilities originally
designated by the political subdivision, where the purpose of
such request is to provide a higher level of protection for
human health and the environment and reduce potential future
liability under Federal or State law of such generator for
the management of such wastes. Requests shall include
information on the environmental suitability of the proposed
alternative treatment or disposal facility and method,
compared to that of the designated facility and method. In
making such a determination the State or political
subdivision shall consider the ability and willingness of
both the designated and alternative disposal facility or
facilities to indemnify the generator against any cause of
action under State or Federal environmental statutes, and
against any cause of action for nuisance, personal injury or
property loss under any State law.
``(e) Flow Control Study.--The Administrator, in
cooperation with the National Academy of Public
Administration, shall conduct a study of the extent to which
the decision of the United States Supreme Court in C & A
Carbone v. Clarkstown, New York has affected the ability of
public and private agencies and entities to secure or retain
financing for solid waste management facilities or services.
Such study shall address whether such decision is likely to
interfere with the implementation of State solid waste
management plans, and whether such decision is likely to
reduce the increased use of recycling or composting. The
Administrator shall submit a report on such study to
Congress, together with recommendations
[[Page 2085]]
for needed legislation, if any, not later than March 31,
1996.
``(f) Effect on Other Laws.--Nothing in this section shall
be interpreted or construed to have any effect on any other
law relating to the protection of human health and the
environment, or the management of municipal solid waste.
``(g) Definitions.--For the purposes of this section--
``(1) The term `municipal solid waste' means solid waste
generated by the general public and from residential,
commercial, institutional, and industrial sources, consisting
of paper, wood, yard waste, plastics, leather, rubber, and
other combustible materials and noncombustible materials such
as metal and glass, including residue remaining after
recyclable materials have been separated from waste destined
for disposal, and including septage, except that the term
does not include--
``(A) any waste identified or listed as a hazardous waste
under section 3001 of this Act or waste regulated under the
Toxic Substances and Control Act,
``(B) any waste, including contaminated soil and debris,
resulting from response taken under section 104 or 106 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9602 or 9606) or a
corrective action taken under this Act;
``(C) medical waste;
``(D) industrial waste;
``(E) recyclable materials; or
``(F) sludge.
``(2) The term `recyclable materials' means any materials
that have been separated from waste otherwise destined for
disposal (either at the source of the waste or at processing
facilities) or that have been managed separately from waste
destined for disposal, for the purpose of recycling,
composting or organic materials such as food and yard waste,
or reuse (other than for the purpose of incineration), only
to the extent that the generator or owner of the materials
has voluntarily made the materials available to the State or
qualified political subdivision, and relinquished any rights
to, or ownership of, such materials, and the State or
political subdivision assumes such rights to, or ownership of
such materials.
``(3) The term `waste management facility' means any
facility collecting, separating, storing, transporting,
transferring, treating, processing, or disposing of municipal
solid waste.''.
``(b) Table of Contents.--The table of contents for
subtitle D of the Solid Waste Disposal Act is amended by
adding the following new item after the item relating to
section 4010:
``Sec. 4011. Congressional authorization of State control over
movement of municipal solid waste and recyclable
materials.''.
It was decided in the
Yeas
161
<3-line {>
negative
Nays
244
Para. 116.23 [Roll No. 452]
AYES--161
Allard
Andrews (TX)
Archer
Armey
Bachus (AL)
Baker (CA)
Barca
Barcia
Barrett (NE)
Bartlett
Barton
Becerra
Beilenson
Bentley
Bereuter
Berman
Bliley
Blute
Boehner
Bonilla
Boucher
Bryant
Bunning
Byrne
Callahan
Camp
Canady
Chapman
Conyers
Coppersmith
Cox
Cramer
Crane
Crapo
Cunningham
de la Garza
de Lugo (VI)
DeLay
Doolittle
Dreier
Duncan
Dunn
Edwards (TX)
English
Eshoo
Ewing
Fields (TX)
Filner
Fowler
Frost
Furse
Gallegly
Geren
Gilchrest
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Grams
Grandy
Green
Gunderson
Hall (TX)
Hancock
Harman
Hastert
Hefley
Hoekstra
Huffington
Hunter
Hutchinson
Hyde
Inglis
Jefferson
Johnson, E. B.
Johnson, Sam
Kennedy
Kim
Kingston
Klink
Klug
Kolbe
Kopetski
Kyl
LaFalce
Leach
Lewis (GA)
Lightfoot
Linder
Livingston
Machtley
Maloney
Mann
Manton
Manzullo
Martinez
McCollum
McHale
McInnis
Mfume
Michel
Mineta
Moorhead
Morella
Nadler
Norton (DC)
Nussle
Obey
Ortiz
Parker
Pastor
Payne (VA)
Pelosi
Pickle
Pombo
Porter
Poshard
Pryce (OH)
Quinn
Rahall
Reed
Richardson
Roberts
Rohrabacher
Romero-Barcelo (PR)
Roth
Roybal-Allard
Royce
Sanders
Sarpalius
Schaefer
Schiff
Scott
Serrano
Shepherd
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Solomon
Spence
Stenholm
Stump
Swett
Talent
Tanner
Tejeda
Thomas (WY)
Torkildsen
Torres
Towns
Upton
Velazquez
Vucanovich
Waters
Watt
Waxman
Wilson
Young (AK)
Zeliff
NOES--244
Abercrombie
Ackerman
Andrews (ME)
Bacchus (FL)
Baesler
Baker (LA)
Ballenger
Barlow
Barrett (WI)
Bateman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Boehlert
Bonior
Borski
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Burton
Buyer
Cantwell
Cardin
Carr
Castle
Clay
Clayton
Clement
Clinger
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Cooper
Costello
Coyne
Danner
Darden
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Dornan
Durbin
Edwards (CA)
Ehlers
Emerson
Evans
Everett
Farr
Fawell
Fazio
Fingerhut
Flake
Foglietta
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Gejdenson
Gekas
Gephardt
Gibbons
Gillmor
Gilman
Gordon
Goss
Greenwood
Gutierrez
Hall (OH)
Hamburg
Hamilton
Hansen
Hastings
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoke
Holden
Horn
Houghton
Hughes
Inslee
Istook
Jacobs
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnston
Kanjorski
Kaptur
Kasich
Kennelly
Kildee
Kleczka
Klein
Knollenberg
Kreidler
Lambert
Lancaster
Lantos
LaRocco
Lazio
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lipinski
Long
Lowey
Lucas
Margolies-Mezvinsky
Markey
Matsui
Mazzoli
McCandless
McCloskey
McDermott
McHugh
McKeon
McKinney
McMillan
Meehan
Meek
Menendez
Meyers
Mica
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Murphy
Myers
Neal (MA)
Neal (NC)
Oberstar
Olver
Orton
Oxley
Packard
Pallone
Paxon
Payne (NJ)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pomeroy
Portman
Price (NC)
Ramstad
Rangel
Ravenel
Regula
Reynolds
Roemer
Rogers
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Rowland
Rush
Sabo
Sangmeister
Santorum
Sawyer
Saxton
Schenk
Schroeder
Schumer
Sensenbrenner
Sharp
Shaw
Shays
Shuster
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spratt
Stearns
Strickland
Studds
Stupak
Swift
Synar
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thornton
Thurman
Torricelli
Traficant
Tucker
Unsoeld
Valentine
Vento
Visclosky
Volkmer
Walker
Walsh
Weldon
Whitten
Williams
Wise
Wolf
Woolsey
Wyden
Wynn
Young (FL)
Zimmer
NOT VOTING--34
Andrews (NJ)
Applegate
Calvert
Clyburn
Engel
Faleomavaega (AS)
Fields (LA)
Fish
Ford (MI)
Gallo
Hayes
Hoyer
Hutto
Inhofe
King
Laughlin
Lloyd
McCrery
McCurdy
McDade
McNulty
Murtha
Owens
Quillen
Ridge
Slattery
Stark
Stokes
Sundquist
Thompson
Underwood (GU)
Washington
Wheat
Yates
So the amendment in the nature of a substitute was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. ROEMER, assumed the Chair.
When Mr. MONTGOMERY, Acting Chairman, pursuant to House Resolution
552, reported the bill back to the House with an amendment adopted by
the Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. CONGRESSIONAL AUTHORIZATION OF STATE CONTROL OVER
TRANSPORTATION, MANAGEMENT, AND DISPOSAL OF
MUNICIPAL SOLID WASTE.
(a) In General.--Subtitle D of the Solid Waste Disposal Act
(42 U.S.C. 6941 et seq.) is amended by adding at the end the
following new section:
``SEC. 4011. CONGRESSIONAL AUTHORIZATION OF STATE CONTROL
OVER TRANSPORTATION, MANAGEMENT, AND DISPOSAL
OF MUNICIPAL SOLID WASTE.
``(a) Authority.--Each State and each qualified political
subdivision may, in accordance with this section, exercise
flow control authority within the boundaries of such State or
political subdivision, as the case may be, for each of the
following:
``(1) Municipal solid waste generated from household
sources within the boundaries of the State or qualified
political subdivision.
``(2) Municipal solid waste generated within the boundaries
of the State or qualified political subdivision, if, before
May 15, 1994, the State or qualified political subdivision
adopted a law, ordinance, regulation, solid waste management
plan or legally binding provision that--
``(A) exercised flow control authority over such solid
waste with respect to a proposed or existing waste management
facility designated before May 15, 1994, or
``(B) identified the use of 1 or more waste management
methods that will be necessary for the transportation,
management, or disposal of municipal solid waste generated
[[Page 2086]]
within its boundaries, and committed to the designation of 1
or more waste management facilities for that method or
methods.
``(3) Recyclable materials generated within the boundaries
of the State or subdivision.
Any State or qualified political subdivision meeting the
requirements of subparagraph (A) or (B) of paragraph (2) may
also, after the effective date of this section, direct,
limit, regulate or prohibit the transportation, management,
and disposal of such solid waste from any existing or future
waste management facility to any other existing or future
waste management facility, and may do so without regard to
subsection (b)(2).
``(b) Limitations.--(1) A State or qualified political
subdivision may exercise the authority described in paragraph
(3) of subsection (a) with respect to recyclable materials
only if--
``(A) the generator or owner of the materials voluntarily
made the materials available to the State or qualified
political subdivision, or the designee of the State or
qualified political subdivision, and relinquished any rights
to, or ownership of, such materials; and
``(B) the State or qualified political subdivision, or the
designee of the State or qualified political subdivision,
assumes such rights to, or ownership of, such materials.
``(2) A State or qualified political subdivision may
exercise the authority provided by subsection (a)(1) or
(a)(3) only if the State or qualified political subdivision--
``(A) before exercising the authority described in
subsection (a)(1), establishes a program to separate, or
divert at the point of generation, recyclable materials from
the municipal solid waste, for purposes of recycling,
reclamation, or reuse, in accordance with any Federal or
State law or municipal solid waste planning requirements in
effect; and
``(B) after conducting 1 or more public hearings--
``(i) finds, on the basis of the record developed at the
hearing or hearings that it is necessary to exercise the
authority to meet the current solid waste management needs
(as of the date of the record) or the anticipated solid waste
management needs of the State or qualified political
subdivision for management of municipal solid waste or
recyclable materials; and
``(ii) provides a written explanation of the reasons of the
finding described in clause (i).
``(3) The authority to direct, limit, regulate, or prohibit
the transportation, management, or disposal of solid waste
pursuant to subsection (a)(2) shall apply only to the
specific classes or categories of solid waste to which the
authority under subsection (a)(2)(A) was applied by the State
or qualified political subdivision before May 15, 1994, and/
or to the specific classes or categories of solid waste for
which the State or qualified political subdivision committed
to designate a waste management facility under subsection
(a)(2)(B).
``(4) The authority granted under subsection (a)(2) shall
expire if a State or qualified political subdivision has not
designated, by law, ordinance, regulation, solid waste
management plan, or other legally binding provision, 1 or
more proposed or existing waste management facilities within
5 years of the date of enactment of this section.
``(c) Competitive Designation Process.--A State or
qualified political subdivision may exercise the authority
provided by subsection (a) only if the State or qualified
political subdivision develops and implements a competitive
designation process with respect to waste management
facilities or facilities for recyclable materials which--
``(1) ensures that the designation process is based on, or
is part of, a municipal solid waste management plan that is
adopted by the State or qualified political subdivision and
that is designed to ensure long-term management capacity for
municipal solid waste or recyclable materials generated
within the boundaries of the State or subdivision;
``(2) sets forth the goals of the designation process,
including at a minimum--
``(A) capacity assurance;
``(B) the establishment of provisions to provide that
protection of human health and the environment will be
achieved; and
``(C) any other goals determined to be relevant by the
State or qualified political subdivision;
``(3) identifies and compares reasonable and available
alternatives and options for designation of the facilities;
``(4) provides for public participation and comment;
``(5) ensures that the designation of the facilities is
accomplished through an open competitive process during which
the State or qualified political subdivision--
``(A) identifies in writing the criteria to be utilized for
selection of the facilities;
``(B) provides an opportunity for interested public persons
and private persons to offer their existing (as of the date
of the process) or proposed facilities for designation; and
``(C) evaluates and selects the facilities for designation
based on the merits of the facilities in meeting the criteria
identified; and
``(6) bases the designation of each such facility on
reasons that shall be stated in a public record.
``(d) Certification.--(1) A Governor of any State may
certify that the laws and regulations of the State in effect
on May 15, 1994, satisfy the requirements for a competitive
designation process under subsection (c).
``(2) In making a certification under paragraph (1), a
Governor shall--
``(A) publish notice of the proposed certification in a
newspaper of general circulation and provide such additional
notice of the proposed certification as may be required by
State law;
``(B) include in the notice of the proposed certification
or otherwise make readily available a statement of the laws
and regulations subject to the certification and an
explanation of the basis for a conclusion that they satisfy
the requirements of subsection (c);
``(C) provide interested persons an opportunity to comment
on the proposed certification, for a period of time not less
than 60 days after publication of the notice; and
``(D) public notice of the final certification, together
with an explanation of the basis for the final certification,
in a newspaper of general circulation and provide such
additional notice of the final certification as may be
required by State law.
``(e) Ownership of Recyclable Materials.--
``(1) Prohibition on required transfers.--Nothing in this
section shall authorize any State or qualified political
subdivision (or any designee thereof) to require any
generator or owner of recyclable materials to transfer any
recyclable materials to such State or qualified political
subdivision, unless the generator or owner voluntarily made
the materials available to the State or qualified political
subdivision (or any designee thereof) and relinquished any
rights to, or ownership of, such materials.
``(2) Prohibition on prohibited transactions.--Nothing in
this section shall prohibit any person from selling,
purchasing, or accepting, conveying, or transporting any
recyclable materials for purposes of transformation or
remanufacture into usable or marketable materials, unless the
generator or owner voluntarily made the materials available
to the State or qualified political subdivision (or any
designee thereof) and relinquished any rights to, or
ownership of, such materials.
``(f) Existing Laws and Contracts.--
``(1) In general.--This section shall not supersede,
abrogate, or otherwise modify any of the following:
``(A) Any contract or other agreement (including any
contract containing an obligation to repay the outstanding
indebtedness on any proposed or existing waste management
facility) entered into before May 15, 1994, by a State or
qualified political subdivision in which such State or
qualified political subdivision has designated a proposed or
existing waste management facility pursuant to a law,
ordinance, regulation, solid waste management plan or legally
binding provision adopted by such State or qualified
political subdivision before May 15, 1994.
``(B) Any other contract or agreement entered into before
May 15, 1994, for the management of solid waste.
``(C)(i) Any law, ordinance, regulation, solid waste
management plan or legally binding provision--
``(I) that is adopted before May 15, 1994; and
``(II) that pertain to the transportation, management, or
disposal of municipal solid waste generated within the
boundaries of a State or qualified political subdivision;
if the law, ordinance, regulation, solid waste management
plan or legally binding provision is applied to the
transportation, management, or disposal of municipal solid
waste, generated from household sources within its
boundaries, to a proposed or existing waste management
facility designated before May 15, 1994, under such law,
ordinance, regulation, solid waste management plan or legally
binding provision.
``(ii) Any law, ordinance, regulation, solid waste
management plan or legally binding provision--
``(I) that is adopted before May 15, 1994;
``(II) that pertains to the transportation, management, or
disposal or municipal solid waste generated within the
boundaries of a State or qualified political subdivision; and
``(III) under which a State or qualified political
subdivision, prior to May 15, 1994, directed, limited,
regulated, or prohibited the transportation, management, or
disposal of municipal solid waste that is generated, or is
commingled with municipal solid waste that is generated, from
commercial, institutional, or industrial sources within its
boundaries, or construction debris or demolition debris,
generated within its boundaries;
provided that the law, ordinance, regulation, solid waste
management plan or legally binding provision is applied to
the transportation, management, or disposal of such solid
waste described in subclause (III), to a proposed or existing
waste management facility designated before May 15, 1994,
under such law, ordinance, regulation, solid waste management
plan or legally binding provision.
``(iii) Any law, ordinance, regulation, solid waste
management plan or legally binding provision--
``(I) that is adopted before May 15, 1994; and
``(II) that pertains to the transportation or management of
recyclable materials generated within the boundaries of a
State or qualified political subdivision;
provided that the law, ordinance, regulation, solid waste
management plan or legally binding provision is applied to
the transportation or management of recyclable materials,
that are generated within its boundaries and with respect to
which the generator or owner of the materials, and the State
or qualified political subdivision, have met the appropriate
conditions described in subsection (b)(1), to a proposed or
existing facility for recyclable materials designated before
May 15, 1994, under such law, ordinance,
[[Page 2087]]
regulation, solid waste management plan or legally binding
provision.
``(2) Contract information.--A party to a contract or other
agreement that is described in subparagraph (A) or (B) of
paragraph (1) shall provide a copy of the contract or
agreement to the State or qualified political subdivision on
request. Any proprietary information contained in the
contract or agreement may be omitted in the copy, but the
information that appears in the copy shall include at least
the date that the contract or agreement was signed, the
volume of municipal solid waste covered by the contract or
agreement with respect to which the State or qualified
political subdivision could otherwise exercise authority
under subsection (a) or paragraph (1)(C), the source of the
waste or materials, the destination of the waste or
materials, the duration of the contract or agreement, and the
parties to the contract or agreement.
``(3) Limitation.--Any designation by a State or qualified
political subdivision of any waste management facility or
facility for recyclable materials after the date of enactment
of this section shall comply with subsection (c). Nothing in
this paragraph shall affect any designation made before the
date of enactment of this section, and any such designation
shall be deemed to satisfy the requirements of subsection
(c).
``(g) Savings Clause.--(1) Nothing in this section is
intended to supersede, amend, or otherwise modify Federal or
State environmental laws and regulations that apply to the
disposal or management of solid waste at waste management
facilities or facilities for recyclable materials.
``(2) Nothing in this section shall be interpreted to
authorize a qualified political subdivision to exercise the
authority granted by this section in a manner inconsistent
with State law.
``(h) Effect on Interstate Commerce.--The exercise of flow
control authority in compliance with this section by a State
or qualified political subdivision shall itself be considered
a reasonable regulation of commerce and shall not itself be
considered as imposing an undue burden on or otherwise
impairing, restraining, or discriminating against interstate
commerce.
``(i) Definitions.--As used in this section:
``(1) Flow control authority.--The term `flow control
authority' means the authority to control the movement of
solid waste or recyclable materials and direct the
transportation of such waste or recyclable materials to one
or more designated waste management facilities or facilities
for recyclable materials.
``(2) Industrial solid waste.--The term `industrial solid
waste' means solid waste generated by manufacturing or
industrial processes, including waste generated during scrap
processing and scrap recycling, that is not hazardous waste
regulated under subtitle C.
``(3) Municipal solid waste.--
``(A) In general.--(i) The term `municipal solid waste'
means all waste materials discarded for disposal by
households, including single and multifamily residences.
``(ii) The term also includes waste materials generated by
commercial, institutional, and industrial sources, to the
extent such wastes--
``(I) are essentially the same as waste normally generated
by households; or
``(II) were collected and disposed of with other municipal
solid waste as part of normal municipal solid waste
collection services, and regardless of when generated, would
be considered conditionally exempt small quantity generator
waste under section 3001(d).
``(iii) The term includes residue remaining after
recyclable materials have been separated, or diverted at the
point of generation, from waste materials described in clause
(i) or (ii).
``(iv) The term also includes any waste material or waste
substance removed from a septic tank, septic pit, or
cesspool.
``(v) Examples of municipal solid waste include food and
yard waste, paper, clothing, appliances, consumer product
packaging, disposable diapers, office supplies, cosmetics,
glass and metal food containers, elementary or secondary
school science laboratory waste, and household hazardous
waste.
``(B) Exclusions.--The term does not include any of the
following:
``(i) Any solid waste identified or listed as a hazardous
waste under section 3001.
``(ii) Solid waste containing a polychlorinate biphenyl
regulated under the Toxic Substances Control Act (15 U.S.C.
2601 et seq.).
``(iii) Any solid waste, including contaminated soil and
debris, resulting from--
``(I) a response action taken under section 104 or 106 of
the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9604 or 9606),
``(II) a response action taken under a State law with
authorities comparable to the authorities of section 104 or
106, or
``(III) a corrective action taken under this Act.
``(iv) Recyclable materials.
``(v) Materials and products returned from a dispenser or
distributor to the manufacturer or an agent of the
manufacturer for credit, evaluation, and possible reuse.
``(vi) Industrial solid waste.
``(vii) Any solid waste that is--
``(I) generated by an industrial facility; and
``(II) transported for the purpose of treatment, storage,
or disposal to a facility that is owned or operated by the
generator of the waste, or is located on property owned by
the generator or a company with which the generator is
affiliated.
``(viii) Any medical waste referred to in section 11002
that is segregated from, or not mixed with, solid waste.
``(4) Qualified political subdivision.--The term `qualified
political subdivision' means a governmental entity or
political subdivision of a State, as authorized by the State,
to plan for, or determine the methods to be utilized for, the
collection, transportation, disposal or other management of
municipal solid waste generated within the boundaries of the
governmental entity or political subdivision.
``(5) Recyclable material.--The term `recyclable material'
means any material (including any metal, glass, plastic,
textile, wood, paper, rubber, or other material) that has
been separated, or diverted at the point of generation, from
solid waste for the purpose of recycling, reclamation, or
reuse.
``(6) Solid waste management plan.--The term `solid waste
management plan' means a plan for the transportation,
treatment, processing, composting, combustion, disposal or
other management of municipal solid waste adopted by a State
or qualified political subdivision pursuant to and conforming
with State law.
``(7) Waste management facility.--The term `waste
management facility' means any facility or facilities in
which solid waste is separated, stored, transferred, treated,
processed, combusted, deposited or disposed.
``(8) Committed to the designation of one or more waste
management facilities.--The phrase `Committed to the
designation of one or more waste management facilities' as
used in subsection (a)(2)(B) means that the State or
qualified political subdivision, prior to May 15, 1994, was
legally bound to designate one or more existing or future
waste management facilities, or performed or caused to be
performed one or more of the following actions for the
purpose of designating one or more such facilities:
``(A) Solicitation of proposals for designation of a waste
management facility.
``(B) Purchase of land on which the waste management
facility to be designated will be located.
``(C) Execution of a legally binding contract or franchise
agreement for waste collection services expressly for the
delivery of waste to a waste management facility to be
designated.
``(D) Other action since January 1, 1993, that evidences
recent significant financial commitment for the continuing
development of a waste management facility for which a
designation will be made unless such action has been halted
by a court order based upon a ruling under the Constitution
of the United States.''.
(b) Table of Contents.--The table of contents for such
subtitle D is amended by adding at the end of the items
relating to such subtitle the following new item:
``Sec. 4011. Congressional authorization of State control over
transportation, management, and disposal of municipal
solid waste.''.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. ROEMER, announced that the yeas had it.
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 116.24 waiving points of order against conference report on
h.r.4299
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-766) the resolution (H. Res. 555) waiving points of order
against the conference report to accompany the bill (H.R. 4299) to
authorize appropriations for fiscal year 1995 for intelligence and
intelligence-related activities of the United States Government, the
Community management account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 116.25 waiving points of order against conference report on h.r.6
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-767) the resolution (H. Res. 556) waiving points of order
against the conference report to accompany the bill (H.R. 6) to extend
for six years the authorizations of appropriations for the programs
under the Elementary and Secondary Education Act of 1965, and for other
purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
[[Page 2088]]
Para. 116.26 providing for the consideration of h.r. 4926
Ms. SLAUGHTER, by direction of the Committee on Rules, called up the
following resolution (H. Res. 543):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the State of the Union for consideration of
the bill (H.R. 4926) to require the Secretary of the Treasury
to identify foreign countries which may be denying national
treatment to United States banking organizations and to
assess whether any such denial may be having a significant
adverse effect on such organizations, and to require Federal
banking agencies to take such assessments into account in
considering applications by foreign banks under the
International Banking Act of 1978 and the Bank Holding
Company Act of 1956. The first reading of the bill shall be
dispensed with. General debate shall be confined to the bill
and shall not exceed one hour equally divided and controlled
by the chairman and ranking minority member of the Committee
on Banking, Finance and Urban Affairs. After general debate
the bill shall be considered for amendment under the five-
minute rule. It shall be in order to consider as an original
bill for the purpose of amendment under the five-minute rule
the amendment in the nature of a substitute recommended by
the Committee on Banking, Finance and Urban Affairs now
printed in the bill. Each section of the committee amendment
in the nature of a substitute shall be considered as read. At
the conclusion of consideration of the bill for amendment the
Committee shall rise and report the bill to the House with
such amendments as may have been adopted. Any Member may
demand a separate vote in the House on any amendment adopted
in the Committee of the Whole to the bill or to the committee
amendment in the nature of a substitute. The previous
question shall be considered as ordered on the bill and
amendments thereto to final passage without intervening
motion except one motion to recommit with or without
instructions.
When said resolution was considered.
After debate,
On motion of Ms. SLAUGHTER, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 116.27 beginning farmer technical corrections act
On motion of Mr. JOHNSON of South Dakota, by unanimous consent, the
Committee on Agriculture was discharged from further consideration of
the bill (H.R. 5065) to amend the Consolidated Farm and Rural
Development Act to make technical corrections to certain provisions
relating to beginning farmers and ranchers.
When said bill was considered and read twice.
Mr. JOHNSON of South Dakota submitted the following amendment in the
nature of a substitute which was agreed to:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Beginning Farmer Technical
Corrections Act of 1994''.
SEC. 2. LAND OWNERSHIP LIMITATION MADE INAPPLICABLE TO
OPERATING LOANS.
Section 343(a)(11) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(a)(11)) is amended by adding
after and below the end the following:
``As used in subtitle B, the term `qualified beginning
farmer or rancher' shall have the meaning given in the
preceding sentence without regard to subparagraph (F).''.
SEC. 3. GRADUATION OF BORROWERS WITHOUT REGARD TO YOUTH
LOANS.
Section 319 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1949) is amended by adding at the end the
following:
``(e) Disregard of Loans Made to Youths.--As used in this
section, the term `loan' does not include any loan made under
section 311(b).''.
SEC. 4. DIRECT LOAN HISTORY AND GUARANTEE HISTORY TO BE
CONSIDERED SEPARATELY IN APPLYING THE
TRANSITION RULE FOR GRADUATION OF BORROWERS.
Section 319(b)(2) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1949(b)(2)) is amended to read as
follows:
``(2) Transition rules.--
``(A) Consideration of direct loan history.--If, as of
October 28, 1992. the Secretary has, for 5 or more years,
made a loan to a borrower under this subtitle, then,
after the 5th year (occurring after October 28, 1992) for
which a loan has been made to the borrower under this
subtitle, the Secretary shall not make a loan to the
borrower under this subtitle.
``(B) Consideration of guarantee history.--If, as of
October 28, 1992, the Secretary has, for 10 or more years,
provided a guarantee under this subtitle with respect to a
loan made to a borrower, then, after the 5th year (occurring
after October 28, 1992) for which a guarantee has been
provided under this subtitle with respect to a loan made to
the borrower, the Secretary shall not provide a guarantee
under this subtitle with respect to a loan made to the
borrower.''.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill, as amended, was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 116.28 farm credit financing agricultural exports
On motion of Mr. JOHNSON of South Dakota, by unanimous consent, the
Committee on Agriculture was discharged from further consideration of
the bill (H.R. 4379) to amend the Farm Credit Act of 1971 to enhance the
ability of the banks for cooperatives to finance agricultural exports,
and for other purposes.
When said bill was considered and read twice.
Mr. JOHNSON of South Dakota submitted the following amendment in the
nature of a substitute which was agreed to:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Farm Credit System
Agricultural Export and Risk Management Act''.
SEC. 2. PARTICIPATION DEFINED.
Section 3.1(11)(B) of the Farm Credit Act of 1971 (12
U.S.C. 2122(11)(B)) is amended by adding at the end the
following new clause:
``(iv) As used in this subparagraph, the term `participate'
or `participation' refers to multilender transactions,
including syndications, assignments, loan participations,
subparticipations, or other forms of the purchase, sale, or
transfer of interests in loans, other extensions of credit,
or other technical and financial assistance.''.
SEC. 3. AGRICULTURAL EXPORT FINANCING.
Section 3.7(b) of the Farm Credit Act of 1971 (12 U.S.C.
2128(b)) is amended--
(A) in paragraph (1)--
(i) by striking ``assistance to (A)'' and inserting
``assistance to'';
(ii) by striking ``the export or'' and inserting ``the'';
and
(iii) by striking ``and (B)'' and all that follows through
``subparagraph (A): Provided, That a'' and inserting ``if
the''; and
(B) by striking paragraph (2) and inserting the following
new paragraph:
``(2)(A) A bank for cooperatives may make or participate in
loans and commitments to, and extend other technical and
financial assistance to--
``(i) any domestic or foreign party for the export,
including (where applicable) the cost of freight, of
agricultural commodities or products thereof, farm supplies,
or aquatic products from the United States under policies and
procedures established by the bank to ensure that the
commodities, products, or supplies are originally sourced,
where reasonably available, from one or more eligible
cooperative associations described in section 3.8(a) on a
priority basis, except that if the total amount of the
balances outstanding on loans made by a bank under this
clause that--
``(I) are made to finance the export of commodities,
products, or supplies that are not originally sourced from a
cooperative, and
``(II) are not guaranteed or insured, in an amount equal to
at least 95 percent of the amount loaned, by a department,
agency, bureau, board, commission, or establishment of the
United States or a corporation wholly-owned directly or
indirectly by the United States,
exceeds an amount that is equal to 50 percent of the bank's
capital, then a sufficient interest in the loans shall be
sold by the bank for cooperatives to commercial banks and
other non-System lenders to reduce the total amount of such
outstanding balances to an amount not greater than an amount
equal to 50 percent of the bank's capital; and
``(ii) except as provided in subparagraph (B), any domestic
or foreign party in which an eligible cooperative association
described in section 3.8(a) (including, for the purpose of
facilitating its domestic business operations only, a
cooperative or other entity described in section
3.8(b)(1)(A)) has an ownership interest, for the purpose of
facilitating the domestic or foreign business operations of
the association, except that if the ownership interest by an
eligible cooperative association, or associations, is less
than 50 percent, the financing shall be limited to the
percentage held in the party by the association or
associations.
``(B) A bank for cooperatives shall not use the authority
provided in subparagraph (A)(ii) to provide financial
assistance to a party for the purpose of financing the
relocation of a plant or facility from the United States to
another country.''.
SEC. 4. CONFORMING AMENDMENT.
Section 3.8(b)(1) of the Farm Credit Act of 1971 (12 U.S.C.
2129(b)(1)) is amended--
(A) by striking subparagraph (B);
(B) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (B), (C), and (D), respectively; and
[[Page 2089]]
(C) by aligning the margin of subparagraph (D) (as so
redesignated) so as to align with the margin of subparagraph
(C) (as so redesignated).
SEC. 5. LOAN PARTICIPATION AUTHORITY FOR FARM CREDIT BANKS
AND DIRECT LENDER ASSOCIATIONS.
In General.--Title IV of the Farm Credit Act of 1971 (12
U.S.C. 2151 et seq.) is amended by inserting after section
4.18 (12 U.S.C. 2206) the following new section:
``SEC. 4.18A. AUTHORITY OF FARM CREDIT BANKS AND DIRECT
LENDER ASSOCIATIONS TO PARTICIPATE IN LOANS TO
SIMILAR ENTITIES FOR RISK MANAGEMENT PURPOSES.
``(a) Definitions.--As used in this section:
``(1) Participate and participation.--The terms
`participate' and `participation' shall have the meaning
provided in section 3.1(11)(B)(iv).
``(2) Similar entity.--The term `similar entity' means a
person that--
``(A) is not eligible for a loan from the Farm Credit Bank
or association; and
``(B) has operations that are functionally similar to a
person that is eligible for a loan from the Farm Credit Bank
or association in that the person derives a majority of the
income of the person from, or has a majority of the assets of
the person invested in, the conduct of activities that are
functionally similar to the activities that are conducted by
an eligible person.
``(b) Loan Participation Authority.--Notwithstanding any
other provision of this Act, any Farm Credit Bank or direct
lender association charted under this Act may participate in
any loan of a type otherwise authorized under title I or II
made to a similar entity by any person in the business of
extending credit, except that a Farm Credit Bank or direct
lender association may not participate in a loan under this
section if--
``(1) the participation would cause the total amount of all
participations by the Farm Credit Bank or association under
this section involving a single credit risk to exceed 10
percent (or the applicable higher lending limit authorized
under regulations issued by the Farm Credit Administration if
the stockholders of the respective Farm Credit Bank or
association so approve) of the total capital of the Farm
Credit Bank or association;
``(2) the participation by the Farm Credit Bank or
association would equal or exceed 50 percent of the principal
of the loan or, when taken together with participations in
the loan by other Farm Credit System institutions, would
cause the cumulative amount of the participations by all Farm
Credit System institutions in the loan to equal or exceed 50
percent of the principal of the loan;
``(3) the participation would cause the cumulative amount
of participations that the Farm Credit Bank or association
has outstanding under this section to exceed 15 percent of
the total assets of the Farm Credit Bank or association; or
``(4) the loan is of the type authorized under section
1.11(b) or 2.4(a)(2).
``(c) Prior Approval Required.--
``(1) In general.--With respect to a similar entity that is
eligible to borrow from a bank for cooperatives under title
III, the authority of a Farm Credit Bank or association to
participate in a loan to the entity under this section shall
be subject to the prior approval of the bank for cooperatives
having, at the time the loan is made, the greatest loan
volume in the State in which the headquarters office of the
similar entity is located.
``(2) Terms and conditions.--Approval under paragraph (1)
may be granted on an annual basis and under such terms and
conditions as may be agreed on between the Farm Credit Bank
or association, as the case may be, and the bank for
cooperatives granting the approval.
``(3) Approval by supervising farm credit bank.--An
association may not participate in a loan to a similar entity
under this section without the approval of the supervising
Farm Credit Bank of the association.''.
SEC. 6. CONFORMING AMENDMENTS.
Section 3.1(11)(B)(i)(I)(bb) of the Farm Credit Act of 1971
(12 U.S.C. 2122(11)(B)(i)(I)(bb)) is amended--
(A) by striking ``the other banks for cooperatives under
this subparagraph'' and inserting ``other Farm Credit System
institutions''; and
(B) by striking ``all banks for cooperatives'' and
inserting ``all Farm Credit System institutions''.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill, was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 116.29 loans and grants for timber-dependent communities
On motion of Mr. JOHNSON of South Dakota, by unanimous consent, the
Committee on Agriculture was discharged from further consideration of
the bill (H.R. 4196) to ensure that all timber-dependent communities
qualify for loans and grants from the Rural Development Administration.
When said bill was considered and read twice.
Mr. JOHNSON of South Dakota submitted the following amendment in the
nature of a substitute which was agreed to:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. TEMPORARY EXPANDED ELIGIBILITY OF CERTAIN TIMBER-
DEPENDENT COMMUNITIES IN THE PACIFIC NORTHWEST
FOR LOANS AND GRANTS FROM THE RURAL DEVELOPMENT
ADMINISTRATION.
(a) Findings.--Congress finds the following:
(1) Timber-dependent communities in the Pacific Northwest
have contributed significantly to the economic needs of the
United States and have helped ensure an adequate national
supply of timber and timber products.
(2) A significant portion of the timber traditionally
harvested in the Pacific Northwest is derived from Federal
forest lands, and these forests have played an important role
in sustaining local economies.
(3) A number of traditionally timber-dependent communities
are experiencing significant economic difficulties as a
result of their proximity to the range of the northwest
spotted owl.
(4) These timber-dependent communities need economic
assistance to help them diversify, including support from
water and waste facility loans and grants and community
facility loans and grants funded through the Rural
Development Administration.
(b) Expanded Eligibility.--During the period beginning on
the date of the enactment of this Act and ending on September
30, 1998, the terms ``rural'' and ``rural area'', as used in
the Consolidated Farm and Rural Development Act (7 U.S.C.
1921 et seq.), shall include any town, city, or
municipality--
(1) part or all of which lies within 100 miles of the
boundary of a national forest covered by the Federal document
entitled ``Forest Plan for a Sustainable Economy and a
Sustainable Environment'', dated July 1, 1993;
(2) that is located in a county in which at least 15
percent of the total primary and secondary labor and
proprietor income is derived from forestry, wood products, or
forest-related industries such as recreation and tourism; and
(3) that has a population of not more than 25,000
inhabitants.
(c) Effect on State Allotments of Funds.--This section
shall not be taken into consideration in alloting funds to
the various States for purposes of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1921 et seq.), or otherwise
affect or alter the manner under which such funds were
alloted to States before the date of the enactment of this
Act.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title, and passed.
By unanimous consent, the title was amended so as to read: ``A bill to
ensure that timber-dependent communities adversely affected by the
Forest Plan for a Sustainable Economy and a Sustainable Environment
qualify for loans and grants from the Rural Development
Administration.''.
A motion to reconsider the votes whereby the bill was passed and the
title was amended was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 116.30 national highway system
On motion of Mr. MINETA, by unanimous consent, the bill of the Senate
(S. 1887) to amend title 23, United States Code, to provide for the
designation of the National Highway System, and for other purposes; was
taken from the Speaker's table.
When said bill was considered and read twice.
Mr. MINETA submitted the following amendment which was agreed to:
Strike out all after the enacting clause and insert the provisions of
H.R. 4385, as passed by the House.
The bill, as amended, was ordered to be read a third time, was read a
third time by title, and passed.
A motion to reconsider the vote whereby said bill, as amended, was
passed was, by unanimous consent, laid on the table.
When on motion of Mr. MINETA, by unanimous consent, it was,
Resolved, That the House insist upon its amendment and request a
conference with the Senate on the disagreeing votes of the two Houses
thereon.
Thereupon, the SPEAKER pro tempore, Mr. ROEMER, by unanimous consent,
announced the appointment of Messrs. Mineta, Oberstar, Rahall, Shuster,
and Petri, as managers on the part of the House at said conference.
Ordered, That the Clerk notify the Senate thereof.
Para. 116.31 motor carriers regulations
On motion of Mr. RAHALL, by unanimous consent, the Committee on Public
Works and Transportation was discharged from further consideration of
the bill (H.R. 5123) to make a technical
[[Page 2090]]
correction to an Act preempting State economic regulation of motor
carriers.
When said bill was considered and read twice.
Mr. RAHALL submitted the following amendment in the nature of a
substitute which was agreed to:
Strike all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intrastate Tow and Wrecker
Truck Transportation Technical Correction Act of 1994''.
SEC. 2. TECHNICAL CORRECTION.
Section 11501(h)(2) of title 49, United States Code, is
amended as follows:
(1) Strike ``and'' after subparagraph (A).
(2) Strike the period at the end of subparagraph (B) and
insert in lieu thereof ``; and''.
(3) Insert the following new subparagraph at the end
thereof:
``(C) does not restrict the regulatory authority of an
agency with statewide jurisdiction, insofar as such authority
relates to tow trucks or wreckers providing for-hire
services.''.
SEC. 3. EXPIRATION.
The amendment made by section 2 shall cease to be in effect
on January 1, 1997.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill, was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 116.32 enrolled bills signed
Mr. ROSE, from the Committee on House Administration, reported that
that committee had examined and found truly enrolled bills of the House
of the following titles, which were thereupon signed by the Speaker:
H.R. 4230. An Act to amend the American Indian Religious
Freedom Act to provide for the traditional use of peyote by
Indians for religious purposes, and for other purposes.
H.R. 4539. An Act making appropriations for the Treasury
Department, the U.S. Postal Service, the Executive Office of
the President, and certain Independent Agencies, for the
fiscal year ending September 30, 1995, and for other
purposes.
H.R. 4602. An Act making appropriations for the Department
of the Interior and related agencies for the fiscal year
ending September 30, 1995, and for other purposes.
H.R. 4650. An Act making appropriations for the Department
of Defense for the fiscal year ending September 30, 1995, and
for other purposes.
Para. 116.33 bills presented to the president
Mr. ROSE, from the Committee on House Administration, reported that
that committee did on this day present to the President, for his
approval, bills of the House of the following titles:
H.R. 2144. An Act to provide for the transfer of excess
land to the Government of Guam, and for other purposes.
H.R. 4624. An Act making appropriations for the Departments
of Veterans Affairs and Housing and Urban Development, and
for sundry independent agencies, boards, commissions,
corporations, and offices for the year ending September 30,
1995, and for other purposes.
Para. 116.34 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. FIELDS of Louisiana, for today and September 30;
To Mrs. LLOYD, for today;
To Mr. HUTTO, for today; and
To Mr. FALEOMAVAEGO, for today and through October 3.
And then,
Para. 116.35 adjournment
On motion of Mr. WELDON, at 9 o'clock and 51 minutes p.m., the House
adjourned.
Para. 116.36 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. MINETA: Committee on Public Works and Transportation.
H.R. 4967. A bill to designate the Federal building and U.S.
courthouse in Detroit, MI, as the ``Theodore Levin Federal
Building and United States Courthouse''; with amendments
(Rept. No. 103-762). Referred to the House Calendar.
Mr. MINETA: Committee on Public Works and Transportation.
H.R. 4910. A bill to designate the U.S. courthouse under
construction in White Plains, NY, as the ``Thurgood Marshall
United States Courthouse'' (Rept. No. 103-763). Referred to
the House Calendar.
Mr. MINETA: Committee on Public Works and Transportation.
H.R. 4939. A bill to designate the U.S. courthouse located at
201 South Vine Street in Urbana, IL, as the ``Frederick S.
Green United States Courthouse'' (Rept. No. 103-764).
Referred to the House Calendar.
Mr. DINGELL: Committee on Energy and Commerce. H.R. 4394. A
bill to provide for the establishment of mandatory State-
operated comprehensive one-call systems to protect natural
gas and hazardous liquid pipelines and all other underground
facilities from being damaged by any excavations, and for
other purposes; with amendments (Rept. No. 103-765 Pt. 1).
Ordered to be printed.
Mr. BEILENSON: Committee on Rules. House Resolution 555.
Resolution waiving points of order against the conference
report to accompany the bill (H.R. 4299) to authorize
appropriations for fiscal year 1995 for intelligence and
intelligence-related activities of the U.S. Government, the
community management account, and the Central Intelligence
Agency Retirement and Disability System, and for other
purposes (Rept. No. 103-766). Referred to the House Calendar.
Ms. SLAUGHTER: Committee on Rules. House Resolution 556.
Resolution waiving points of order against the conference
report to accompany the bill (H.R. 6) to extend for 6 years
the authorizations of appropriations for the programs under
the Elementary and Secondary Education Act of 1965, and for
certain other purposes (Rept. No. 103-767). Referred to the
House Calendar.
Para. 116.37 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. CONYERS (for himself, Mr. Clinger, Mr. Towns,
and Mr. Shays):
H.R. 5128. A bill to strengthen the partnership between the
Federal Government and State, local, and tribal governments,
to end the imposition, in the absence of full consideration
by the Congress, of Federal mandates on State, local, and
tribal governments without adequate funding in a manner that
may displace other essential governmental priorities, to
better assess both costs and benefits of Federal legislation
and regulations on State, local, and tribal governments, and
for other purposes; jointly, to the Committees on Government
Operations and Rules.
By Mr. BARCA of Wisconsin:
H.R. 5129. A bill to provide for a reduction in the number
of members of the Armed Forces of the United States stationed
in Europe unless the European member nations of NATO assume
an increased share of the nonpersonnel costs of U.S. military
installations in those nations; jointly, to the Committees on
Armed Services and Foreign Affairs.
By Mr. GOODLING (for himself, Mr. Petri, Mrs. Roukema,
Mr. Gunderson, Mr. Armey, Mr. Fawell, Mr. Ballenger,
Mr. Barrett of Nebraska, Mr. Boehner, Mr. Cunningham,
Mr. Hoekstra, Mr. McKeon, Mr. Miller of Florida, and
Mr. Castle):
H.R. 5130. A bill to extend for 1 year the authorizations
of appropriations for the programs under the Elementary and
Secondary Education Act of 1965 and for certain other
purposes; to the Committee on Education and Labor.
By Mr. HINCHEY (for himself and Mr. Kanjorski):
H.R. 5131. A bill to amend the Housing and Community
Development Act of 1974 to prohibit the Secretary of Housing
and Urban Development from recapturing, adjusting,
withdrawing, or reducing any UDAG funds from recipients of
UDAG grants, and for other purposes; to the Committee on
Banking, Finance and Urban Affairs.
By Mr. HUTCHINSON:
H.R. 5132. A bill to establish a period during which
individuals under 65 years of age who are entitled to
benefits under part A of the Medicare Program on the basis of
a disability or end state renal disease may enroll under part
B of the Medicare Program in order to meet eligibility
requirements for health benefits under the Civilian Health
and Medical Program of the Uniformed Services under title 10,
United States Code; jointly, to the Committees on Ways and
Means and Energy and Commerce.
By Mr. POMBO (for himself and Mr. Thomas of
California):
H.R. 5133. A bill to provide for expediting an
investigation by the International Trade Commission by
providing for the monitoring of the importation of certain
kinds of tomatoes and peppers; to the Committee on Ways and
Means.
By Mr. SANTORUM (for himself, Ms. Pryce of Ohio, Mr.
Canady, Mr. Clinger, Mr. Weldon, Mr. Boehner, Mr.
Armey, Mr. Ridge, Ms. Molinari, Mr. Kyl, Mr. DeLay,
Mr. Cunningham, Mr. Livingston, Mr. Bachus of
Alabama, Mr. Hunter, Mr. Torkildsen, Mr. Inglis of
South Carolina, Mr. Linder, Mr. Roth, Mr. McCollum,
Ms. Dunn, Mr. Duncan, and Mr. Knollenberg):
H.R. 5134. A bill to protect victims of crime; to the
Committee on the Judiciary.
By Mr. SAXTON:
H.R. 5135. A bill to amend title I of the Employee
Retirement Income Security Act of 1974 and the Internal
Revenue Code of 1986 to clarify provisions governing
fiduciary duties in relation to external benefits, social
investing, and economically targeted investments; jointly, to
the Committees on Education and Labor and Ways and Means.
By Mr. TAUZIN:
H.R. 5136. A bill entitled, ``The Offshore Supply Vessel
Construction and Development Act of 1994''; to the Committee
on Merchant Marine and Fisheries.
By Mr. VOLKMER:
H.R. 5137. A bill to amend the Internal Revenue Code of
1986 to restore and increase the deduction for the health
insurance costs of
[[Page 2091]]
self-employed individuals; to the Committee on Ways and
Means.
Para. 116.38 private bills and resolutions
Under clause 1 of rule XXII,
Mr. RAMSTAD introduced a bill (H.R. 5138) for the relief of
Saeed Ghasemimehr; which was referred to the Committee on the
Judiciary.
Para. 116.39 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 22: Mr. Carr.
H.R. 300: Mr. Castle.
H.R. 393: Mr. Andrews of Maine.
H.R. 739: Mr. Levy.
H.R. 885: Mr. Barcia of Michigan.
H.R. 911: Mr. de la Garza.
H.R. 1322: Mr. Glickman and Mr. Underwood.
H.R. 2213: Mr. Barcia of Michigan.
H.R. 2418: Mr. Torkildsen.
H.R. 2717: Mr. Blute.
H.R. 3207: Ms. Slaughter.
H.R. 3393: Mr. Barcia of Michigan.
H.R. 3449: Mr. Lewis of Kentucky.
H.R. 3538: Mrs. Morella and Mr. Johnston of Florida.
H.R. 3619: Mr. Herger.
H.R. 3851: Mr. Fields of Texas.
H.R. 4279: Mr. Lewis of Georgia.
H.R. 4404: Mr. Ramstad, Ms. DeLauro, Mr. Lewis of Georgia,
Mr. Kleczka, Mr. Sabo, Mr. Minge, Mr. Mazzoli and Mr. Horn.
H.R. 4411: Mr. Engel.
H.R. 4578: Mr. Evans and Ms. Slaughter.
H.R. 4589: Mr. Barca of Wisconsin.
H.R. 4610: Mr. Rose, Mrs. Unsoeld, Ms. Velazquez, Mr.
Durbin, Mr. Duncan, Mr. Sarpalius, and Mr. Barlow.
H.R. 4786: Mr. Parker.
H.R. 4830: Mr. Torkildsen.
H.R. 4831: Mr. Frost and Mr. Skeen.
H.R. 4936: Mr. Gunderson, Mr. Kasich, Mr. Stump, Mr.
Kopetski, Mr. Lightfoot, Mr. Spence, and Mr. Zimmer.
H.R. 4942: Mr. Ortiz.
H.R. 4957: Mr. Menendez, Mr. Hamburg, and Mr. Barca of
Wisconsin.
H.R. 4996: Mr. Kleczka and Mr. Hilliard.
H.R. 4997: Ms. Norton, Mr. Reynolds, Mr. Gejdenson, Mr.
Abercrombie, Mr. Porter, Mr. Deutsch, Ms. Eshoo, Ms. Roybal-
Allard, and Ms. Furse.
H.R. 4998: Mr. Gillmor.
H.R. 5062: Mr. LaFalce, Mr. Sam Johnson of Texas, Mr.
Schiff, Mr. Mazzoli, Mr. Grams, Mr. Taylor of North Carolina,
Mr. McCurdy, Mr. Sisisky, Mr. Coble, Mr. Sangmeister, Mr.
Dickey, Mr. Ramstad, Mr. Skeen, Mr. Clay, Mrs. Vucanovich,
and Mr. Greenwood.
H.R. 5071: Mr. Bonior, Mr. Lucas, and Mr. McCloskey.
H.R. 5082: Mr. McCloskey, Mr. Petri, Mr. Hastings, Mr.
Olver, Mr. Gingrich, Mr. Grams, Mr. Torkildsen, Mr. Sharp,
Mr. Lewis of Kentucky, Mr. Kim, Ms. Ros-Lehtinen, Mr.
Huffington, Mr. Knollenberg, Mr. Bilirakis, Mr. Cooper, Mr.
Hall of Texas, Mr. Regula, Mr. Fawell, Mr. Diaz-Balart, Mr.
Peterson of Minnesota, Mr. Berman, Mr. Bunning, Mr. Sabo, Mr.
Dornan, Mr. Hunter, Mr. McCandless, Mr. Cox, Mr. Packard, Mr.
Condit, Mr. Calvert, Mr. Coppersmith, Mr. Minge, Mr. Barlow,
Mr. Obey, Mr. DeFazio, Mr. Pickle, Ms. Pryce of Ohio, Mr.
Long, Mr. Cunningham, and Ms. Roybal-Allard.
H.R. 5083: Ms. Pelosi.
H.R. 5111: Mr. Taylor of North Carolina, Mr. Sarpalius, Mr.
Talent, Mr. Valentine, Mr. Manzullo, Mr. Frank of
Massachusetts, Ms. Shepherd, Mr. Hamburg, Mr. Hefley, Ms.
Roybal-Allard, Mrs. Thurman, Mr. Frost, Mr. Dooley, and Mr.
wheat.
H.J. Res. 184: Mr. McDade, Mr. Quinn, Mr. Hastert, Mr.
Poshard, and Mr. Bacchus of Florida.
H.J. Res. 332: Mr. Taylor of Mississippi, Mr. Kennedy, Mr.
Tejeda, Ms. Roybal-Allard, and Mr. Serrano.
H.J. Res. 358: Mr. Shaw, Mr. Johnson of South Dakota, Mr.
Skeen, Mr. Evans, Mr. Rahall, Mr. Bateman, Mr. Lancaster, Mr.
Machtley, and Mr. Martinez.
H.J. Res. 385: Ms. McKinney, Mrs. Bentley, Mr. Berman, Mr.
Clement, Mr. Callahan, and Mr. Coppersmith.
H.J. Res. 398: Mrs. Kennelly, Mr. McKeon, Mr. Bishop, Mr.
Olver, Mr. Reynolds, Mr. Oberstar, Mr. Stokes, Mrs. Byrne,
Mr. Scott, Mr. Weldon, Mr. Greenwood, Mr. Ewing, Mr. Gilman,
Mr. Crapo, Mr. Slattery, Mr. Gallegly, Mr. Blackwell, Mr.
Kildee, Ms. Brown of Florida, Mr. Lancaster, Mr. Collins of
Georgia, Mr. Petri, Ms. McKinney, Mr. Oxley, Mr. Dixon, Mr.
Regula, Mr. Levy, Mr. Ortiz, Mr. Taylor of North Carolina,
Mr. Filner, Mr. Schumer, Mr. Clyburn, Mr. Goodling, Mr.
Gordon, Mr. Yates, Mr. Kleczka, Ms. Margolies-Mezvinsky, Mr.
Thompson, Mr. McDermott, Mr. Watt, Mr. Thornton, Mr. Hefner,
Ms. Kaptur, Mr. Tucker, Mr. Vento, Mr. Johnston of Florida,
Mrs. Lowey, Mr. Richardson, and Mr. McInnis.
H.J. Res. 401: Mr. Andrews of Maine, Mr. Calvert, Ms.
DeLauro, Mr. Edwards of Texas, Mr. Glickman, Mr. Greenwood,
Mr. Hall of Texas, Mr. Hamburg, Mr. Hilliard, Mr. Hughes, Mr.
Frank of Massachusetts, Mr. McHugh, Mr. Menendez, Mrs. Meyers
of Kansas, Mr. Neal of North Carolina, Mr. Ortiz, Mr.
Sisisky, and Mr. Spence.
H.J. Res. 418: Mr. Manton, Mr. Burton of Indiana, Mr.
Swett, Mr. Wyden, Ms. Norton, Ms. Pryce of Ohio, Mr. Price of
North Carolina, Mr. Lipinski, Mr. Emerson, Mrs. Unsoeld, Mr.
Montgomery, Mr. Meehan, Ms. Snowe, Mrs. Johnson of
Connecticut, Ms. McKinney, Mrs. Morella, Mr. Wilson, Mr.
Mfume, Mr. Stenholm, Mrs. Mink of Hawaii, Mr. Frank of
Massachusetts, Mrs. Thurman, Mr. Doolittle, Ms. Shepherd, Ms.
Woolsey, Mr. Sharp, Mr. Frost, Ms. Kaptur, Mr. Neal of
Massachusetts, Mr. Calvert, Mr. Ortiz, Mr. Baker of
California, Mr. Browder, Mr. Coble, Mr. Conyers, Ms. Collins
of Michigan, Mr. Ewing, Mr. Evans, Mr. Glickman, Mr. Hefner,
Mr. Hutto, Mr. Lancaster, Mr. Torricelli, Mr. Hamilton, Mr.
Herger, Mr. Martinez, Mr. Young of Florida, Mr. Taylor of
Mississippi, Mr. Tauzin, Mr. Borski, Mr. Holden, Mr.
Jefferson, Mr. Towns, Mr. Wynn, Ms. Furse, Mr. Lewis of
Georgia, Mr. Condit, Mrs. Meyers of Kansas, Mrs. Roukema, Mr.
Rowland, Mr. Volkmer, Mr. Lightfoot, Mr. Livingston, Mr.
Traficant, Mr. Pete Geren of Texas, Mrs. Bentley, Mr.
Sisisky, Mr. Lantos, Mr. Pickle, Mr. Hoyer, Mr. Coleman, Ms.
Schenk, Mr. Rose, Mr. Spence, Mr. Thornton, Mr. Coppersmith,
Mr. Hughes, Mr. Stokes, Mr. Payne of Virginia, Mr.
Richardson, Mr. Sabo, Mr. Deal, Mr. Hall of Ohio, Mr.
Greenwood, and Mr. Synar.
H. Con. Res. 98: Mr. Dixon and Mr. Shays.
H. Con. Res. 212: Mr. LaFalce and Mr. Wynn.
H. Con. Res. 281: Mr. Pallone, Mr. Frost, Mr. Filner, Mr.
Engel, and Mr. Barca of Wisconsin.
H. Con. Res. 296: Mr. Bacchus of Florida, Mr. Klein, Mr.
Pallone, Mr. Hutto, Mr. Lewis of California, Mr. Berman, Ms.
Lowey, Mr. McNulty, Mr. Lipinski, Mr. Manton, Mr.
Hochbrueckner, Mr. Frost, Mr. Sawyer, Mrs. Unsoeld, Mr.
Filner, Mr. Gilman, Mr. McDermott, Mr. Ortiz, and Mr. Engel.
H. Res. 525: Mr. Calvert, Mr. Dickey, and Mr. Manzullo.
Para. 116.40 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 3222: Mr. Petri.
H.R. 3949: Mr. Frost.
.
FRIDAY, SEPTEMBER 30, 1994 (117)
The House was called to order by the SPEAKER.
Para. 117.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Thursday, September 29, 1994.
Ms. DeLAURO, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Ms. DeLAURO objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
212
When there appeared
<3-line {>
Nays
136
Para. 117.2 [Roll No. 453]
YEAS--212
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Becerra
Bevill
Bilbray
Bishop
Bonior
Borski
Boucher
Brooks
Brown (OH)
Byrne
Cantwell
Cardin
Carr
Chapman
Clayton
Clement
Collins (IL)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Danner
Darden
Deal
DeLauro
Dellums
Deutsch
Dicks
Dixon
Dooley
Durbin
Edwards (CA)
Engel
English
Eshoo
Evans
Everett
Farr
Fazio
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Geren
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Greenwood
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hochbrueckner
Holden
Houghton
Hoyer
Hughes
Inglis
Inslee
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kingston
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Livingston
Long
Lowey
Maloney
Mann
Margolies-Mezvinsky
Markey
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
Meehan
Meek
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Murtha
Myers
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
[[Page 2092]]
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schumer
Scott
Serrano
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Stark
Stokes
Studds
Stupak
Swett
Swift
Tanner
Tejeda
Thornton
Thurman
Torres
Torricelli
Traficant
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Watt
Waxman
Wilson
Wise
Woolsey
Wyden
Yates
NAYS--136
Allard
Archer
Armey
Bachus (AL)
Ballenger
Barrett (NE)
Bartlett
Barton
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Camp
Canady
Castle
Clay
Clinger
Coble
Cox
Crapo
Cunningham
Diaz-Balart
Dickey
Doolittle
Dreier
Duncan
Dunn
Ehlers
Emerson
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gekas
Gilchrest
Goodlatte
Goodling
Goss
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Hyde
Jacobs
Johnson (CT)
Johnson, Sam
Kim
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lucas
Machtley
Manzullo
McCandless
McCollum
McHugh
McInnis
McKeon
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Murphy
Nussle
Oxley
Packard
Paxon
Petri
Portman
Pryce (OH)
Quinn
Ramstad
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Schaefer
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Talent
Taylor (MS)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (FL)
Zeliff
Zimmer
NOT VOTING--86
Applegate
Baker (CA)
Baker (LA)
Beilenson
Berman
Blackwell
Brewster
Browder
Brown (CA)
Brown (FL)
Bryant
Callahan
Calvert
Clyburn
Coleman
Collins (GA)
Collins (MI)
Cramer
Crane
de la Garza
DeFazio
DeLay
Derrick
Dingell
Dornan
Edwards (TX)
Ewing
Fields (LA)
Ford (MI)
Gallegly
Gallo
Gephardt
Gibbons
Gingrich
Grams
Grandy
Hall (TX)
Hayes
Hinchey
Hoagland
Huffington
Hunter
Hutchinson
Hutto
Inhofe
Istook
King
Lipinski
Lloyd
Manton
Martinez
McCrery
McCurdy
McDade
McMillan
McNulty
Menendez
Moran
Nadler
Neal (NC)
Porter
Quillen
Ridge
Roemer
Roth
Santorum
Saxton
Sharp
Slattery
Smith (OR)
Spratt
Strickland
Sundquist
Synar
Tauzin
Taylor (NC)
Thompson
Towns
Tucker
Washington
Waters
Wheat
Whitten
Williams
Wynn
Young (AK)
So the Journal was approved.
Para. 117.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3887. A letter from the Secretary, Department of Education,
transmitting a report entitled, ``Second Biennial Report to
Congress on Vocational Educational Data in the Department of
Education'', pursuant to Public Law 101-392, section 407 (104
Stat. 824); to the Committee on Education and Labor.
3888. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting the Secretary's
determination and memorandum of justification for assistance
to support the U.N. Voluntary Fund for Victims of Torture; to
the Committee on Foreign Affairs.
3889. A letter from Secretary of the Interior, transmitting
a draft of proposed legislation entitled, ``Approving the
Location of a Thomas Paine Memorial''; to the Commission on
Natural Resources.
Para. 117.4 messages from the president
Messages in writing from the President of the United States were
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
Para. 117.5 waiving points of order against the conference report on
h.r. 6
Ms. SLAUGHTER, by direction of the Committee on Rules, called up the
following resolution (H. Res. 556):
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (H.R. 6) to extend for six years the authorizations of
appropriations for the programs under the Elementary and
Secondary Education Act of 1965, and for certain other
purposes. All points of order against the conference report
and against its consideration are waived. The conference
report shall be considered as read.
When said resolution was considered.
After debate,
On motion of Ms. SLAUGHTER, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. PETERSON of Florida, announced that the
yeas had it.
Mr. SOLOMON objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
230
When there appeared
<3-line {>
Nays
168
Para. 117.6 [Roll No. 454]
YEAS--230
Abercrombie
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bevill
Bilbray
Bishop
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
English
Eshoo
Evans
Farr
Fazio
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Oberstar
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Tanner
Tauzin
Taylor (MS)
Tejeda
Thornton
Thurman
Torres
Torricelli
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--168
Ackerman
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cooper
Cox
Crane
Crapo
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Grandy
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
[[Page 2093]]
Machtley
Manzullo
McCandless
McCollum
McHugh
McInnis
McKeon
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Obey
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--36
Applegate
Baker (LA)
Berman
Blackwell
Callahan
Calvert
Engel
Fields (LA)
Gallegly
Gallo
Gingrich
Gordon
Grams
Greenwood
Hayes
Hutto
Inhofe
Lipinski
McCrery
McCurdy
McDade
McMillan
McNulty
Neal (NC)
Quillen
Richardson
Saxton
Slattery
Smith (OR)
Spratt
Sundquist
Synar
Thompson
Towns
Washington
Wheat
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 117.7 improving american schools
Mr. FORD of Michigan, pursuant to House Resolution 556, called up the
following conference report (Rept. No. 103-761):
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
6), to extend for five years the authorizations of
appropriations for the programs under the Elementary and
Secondary Education Act of 1965, and for certain other
purposes, having met, after full and free conference, have
agreed to recommend and do recommend to their respective
Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving America's Schools
Act of 1994''.
SEC. 2. ORGANIZATION OF THE ACT.
This Act is organized into the following titles:
TITLE I--AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF
1965
TITLE II--AMENDMENTS TO THE GENERAL EDUCATION PROVISIONS ACT
TITLE III--AMENDMENTS TO OTHER ACTS
TITLE IV--NATIONAL EDUCATION STATISTICS
TITLE V--MISCELLANEOUS
SEC. 3. EFFECTIVE DATES; TRANSITION.
(a) Effective Dates.--
(1) Title i.--
(A) Title I and the amendment made by title I of this Act
shall take effect July 1, 1995, except that those provisions
of title I that apply to programs under title VIII (Impact
Aid) of the Elementary and Secondary Education Act of 1965,
as amended by this Act, and to programs under such Act that
are conducted on a competitive basis, shall be effective with
respect to appropriations for use under such programs for
fiscal year 1995 and for subsequent fiscal years.
(B) Title VIII of the Elementary and Secondary Education
Act of 1965, as amended by title I of this Act, shall take
effect on the date of the enactment of this Act.
(2) Title ii.--Title II of this Act and the amendments made
by title II of this Act shall take effect on the date of
enactment of this Act, except that section 236 (equity for
students, teachers, and other program beneficiaries) of such
title shall be effective--
(A) July 1, 1995 for noncompetitive programs in which funds
are allocated on the basis of a formula; and
(B) for programs that are conducted on a competitive basis,
with respect to appropriations for use under such programs in
fiscal year 1995 and in subsequent fiscal years.
(3) Title iii.--(A) Parts A and B of title III of this Act
and the amendments made by such parts shall take effect on
July 1, 1995.
(B) Part C of title III of this Act and the amendments made
by such part shall take effect on October 1, 1994.
(b) Transition.--Notwithstanding any other provision of
law, a recipient of funds under the Elementary and Secondary
Education Act of 1965, as such Act was in effect on the day
preceding the date of enactment of this Act, may use funds
available to such recipient under such predecessor authority
to carry out necessary and reasonable planning and transition
activities in order to ensure a smooth implementation of
programs authorized by this Act.
TITLE I--AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF
1965
SEC. 101. AMENDMENTS TO THE ELEMENTARY AND SECONDARY
EDUCATION ACT OF 1965.
The Elementary and Secondary Education Act of 1965 (20
U.S.C. 2701 et seq.) is amended to read as follows:
``SECTION 1. TABLE OF CONTENTS.
``This Act may be cited as the `Elementary and Secondary
Education Act of 1965'.
``TITLE I--HELPING DISADVANTAGED CHILDREN MEET HIGH STANDARDS
``SEC. 1001. DECLARATION OF POLICY AND STATEMENT OF PURPOSE.
``(a) Statement of Policy.--
``(1) In general.--The Congress declares it to be the
policy of the United States that a high-quality education for
all individuals and a fair and equal opportunity to obtain
that education are a societal good, are a moral imperative,
and improve the life of every individual, because the quality
of our individual lives ultimately depends on the quality of
the lives of others.
``(2) Additional policy.--The Congress further declares it
to be the policy of the United States to expand the program
authorized by this title over the fiscal years 1996 through
1999 by increasing funding for this title by at least
$750,000,000 over baseline each fiscal year and thereby
increasing the percentage of eligible children served in each
fiscal year with the intent of serving all eligible children
by fiscal year 2004.
``(b) Recognition of Need.--The Congress recognizes that--
``(1) although the achievement gap between disadvantaged
children and other children has been reduced by half over the
past two decades, a sizable gap remains, and many segments of
our society lack the opportunity to become well educated;
``(2) the most urgent need for educational improvement is
in schools with high concentrations of children from low-
income families and achieving the National Education Goals
will not be possible without substantial improvement in such
schools;
``(3) educational needs are particularly great for low-
achieving children in our Nation's highest-poverty schools,
children with limited English proficiency, children of
migrant workers, children with disabilities, Indian children,
children who are neglected or delinquent, and young children
and their parents who are in need of family-literacy
services;
``(4) while title I and other programs funded under this
Act contribute to narrowing the achievement gap between
children in high-poverty and low-poverty schools, such
programs need to become even more effective in improving
schools in order to enable all children to achieve high
standards; and
``(5) in order for all students to master challenging
standards in core academic subjects as described in the third
National Education Goal described in section 102(3) of the
Goals 2000: Educate America Act, students and schools will
need to maximize the time spent on teaching and learning the
core academic subjects.
``(c) What Has Been Learned Since 1988.--To enable schools
to provide all children a high-quality education, this title
builds upon the following learned information:
``(1) All children can master challenging content and
complex problem-solving skills. Research clearly shows that
children, including low-achieving children, can succeed when
expectations are high and all children are given the
opportunity to learn challenging material.
``(2) Conditions outside the classroom such as hunger,
unsafe living conditions, homelessness, unemployment,
violence, inadequate health care, child abuse, and drug and
alcohol abuse can adversely affect children's academic
achievement and must be addressed through the coordination of
services, such as health and social services, in order for
the Nation to meet the National Education Goals.
``(3) Use of low-level tests that are not aligned with
schools' curricula fails to provide adequate information
about what children know and can do and encourages curricula
and instruction that focus on the low-level skills measured
by such tests.
``(4) Resources are more effective when resources are used
to ensure that children have full access to effective high-
quality regular school programs and receive supplemental help
through extended-time activities.
``(5) Intensive and sustained professional development for
teachers and other school staff, focused on teaching and
learning and on helping children attain high standards, is
too often not provided.
``(6) Insufficient attention and resources are directed
toward the effective use of technology in schools and the
role technology can play in professional development and
improved teaching and learning.
``(7) All parents can contribute to their children's
success by helping at home and becoming partners with
teachers so that children can achieve high standards.
``(8) Decentralized decisionmaking is a key ingredient of
systemic reform. Schools need the resources, flexibility, and
authority to design and implement effective strategies for
bringing their children to high levels of performance.
``(9) Opportunities for students to achieve high standards
can be enhanced through a variety of approaches such as
public school choice and public charter schools.
``(10) Attention to academics alone cannot ensure that all
children will reach high standards. The health and other
needs of children that affect learning are frequently unmet,
particularly in high-poverty schools,
[[Page 2094]]
thereby necessitating coordination of services to better meet
children's needs.
``(11) Resources provided under this title can be better
targeted on the highest-poverty local educational agencies
and schools that have children most in need.
``(12) Equitable and sufficient resources, particularly as
such resources relate to the quality of the teaching force,
have an integral relationship to high student achievement.
``(d) Statement of Purpose.--The purpose of this title is
to enable schools to provide opportunities for children
served to acquire the knowledge and skills contained in the
challenging State content standards and to meet the
challenging State performance standards developed for all
children. This purpose shall be accomplished by--
``(1) ensuring high standards for all children and aligning
the efforts of States, local educational agencies, and
schools to help children served under this title to reach
such standards;
``(2) providing children an enriched and accelerated
educational program, including, when appropriate, the use of
the arts, through schoolwide programs or through additional
services that increase the amount and quality of
instructional time so that children served under this title
receive at least the classroom instruction that other
children receive;
``(3) promoting schoolwide reform and ensuring access of
children (from the earliest grades) to effective
instructional strategies and challenging academic content
that includes intensive complex thinking and problem-solving
experiences;
``(4) significantly upgrading the quality of instruction by
providing staff in participating schools with substantial
opportunities for professional development;
``(5) coordinating services under all parts of this title
with each other, with other educational services, and, to the
extent feasible, with health and social service programs
funded from other sources;
``(6) affording parents meaningful opportunities to
participate in the education of their children at home and at
school;
``(7) distributing resources, in amounts sufficient to make
a difference, to areas and schools where needs are greatest;
``(8) improving accountability, as well as teaching and
learning, by using State assessment systems designed to
measure how well children served under this title are
achieving challenging State student performance standards
expected of all children; and
``(9) providing greater decisionmaking authority and
flexibility to schools and teachers in exchange for greater
responsibility for student performance.
``SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.
``(a) Local Educational Agency Grants.--For the purpose of
carrying out part A, other than section 1120(e), there are
authorized to be appropriated $7,400,000,000 for fiscal year
1995 and such sums as may be necessary for each of the four
succeeding fiscal years.
``(b) Even Start.--For the purpose of carrying out part B,
there are authorized to be appropriated $118,000,000 for
fiscal year 1995 and such sums as may be necessary for each
of the four succeeding fiscal years.
``(c) Education of Migratory Children.--For the purpose of
carrying out part C, there are authorized to be appropriated
$310,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the four succeeding fiscal years.
``(d) Prevention and Intervention Programs for Youth Who
Are Neglected, Delinquent, or at Risk of Dropping Out.--For
the purpose of carrying out part D, there are authorized to
be appropriated $40,000,000 for fiscal year 1995 and such
sums as may be necessary for each of the four succeeding
fiscal years.
``(e) Capital Expenses.--For the purpose of carrying out
section 1120(e), there are authorized to be appropriated
$41,434,000 for fiscal year 1995 and such sums as may be
necessary for each of the four succeeding fiscal years.
``(f) Additional Assistance for School Improvement.--For
the purpose of providing additional needed assistance to
carry out sections 1116 and 1117, there are authorized to be
appropriated such sums as may be necessary for fiscal year
1996 and each of the three succeeding fiscal years.
``(g) Federal Activities.--
``(1) Section 1501.--For the purpose of carrying out
section 1501, there are authorized to be appropriated
$9,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the four succeeding fiscal years.
``(2) Sections 1502 and 1503.--For the purpose of carrying
out sections 1502 and 1503, there are authorized to be
appropriated $50,000,000 for fiscal year 1995 and such sums
as may be necessary for each of the four succeeding fiscal
years.
``SEC. 1003. RESERVATION AND ALLOCATION FOR SCHOOL
IMPROVEMENT.
``(a) Payment for School Improvement.--
``(1) In general.--Except as provided in paragraph (3),
each State may reserve for the proper and efficient
performance of its duties under subsections (c)(5) and (d) of
section 1116, and section 1117, one-half of 1 percent of the
funds allocated to the State under subsections (a), (c), and
(d), of section 1002 for fiscal year 1995 and each succeeding
fiscal year.
``(2) Minimum.--The total amount that may be reserved by
each State, other than the outlying areas, under this
subsection for any fiscal year, when added to amounts
appropriated for such fiscal year under section 1002(f) that
are allocated to the State under subsection (b), if any, may
not be less than $200,000. The total amount that may be
reserved by each outlying area under this subsection for any
fiscal year, when added to amounts appropriated for such
fiscal year under section 1002(f) that are allocated under
subsection (b) to the outlying area, if any, may not be less
than $25,000.
``(3) Special rule.--If the amount reserved under paragraph
(1) when added to the amount made available under section
1002(f) for a State is less than $200,000 for any fiscal
year, then such State may reserve such additional funds under
subsections (a), (c), and (d) of section 1002 as are
necessary to make $200,000 available to such State.
``(b) Additional State Allocations for School
Improvement.--From the amount appropriated under section
1002(f) for any fiscal year, each State shall be eligible to
receive an amount that bears the same ratio to the amount
appropriated as the amount allocated to the State under this
part (other than section 1120(e)) bears to the total amount
allocated to all States under this part (other than section
1120(e)).
``PART A--IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL
AGENCIES
``Subpart 1--Basic Program Requirements
``SEC. 1111. STATE PLANS.
``(a) Plans Required.--
``(1) In general.--Any State desiring to receive a grant
under this part shall submit to the Secretary a plan,
developed in consultation with local educational agencies,
teachers, pupil services personnel, administrators, other
staff, and parents, that satisfies the requirements of this
section and that is coordinated with other programs under
this Act, the Goals 2000: Educate America Act, and other
Acts, as appropriate, consistent with section 14306.
``(2) Consolidation plan.--A State plan submitted under
paragraph (1) may be submitted as part of a consolidation
plan under section 14302.
``(b) Standards and Assessments.--
``(1) Challenging standards.--(A) Each State plan shall
demonstrate that the State has developed or adopted
challenging content standards and challenging student
performance standards that will be used by the State, its
local educational agencies, and its schools to carry out this
part, except that a State shall not be required to submit
such standards to the Secretary.
``(B) If a State has State content standards or State
student performance standards developed under title III of
the Goals 2000: Educate America Act and an aligned set of
assessments for all students developed under such title, or,
if not developed under such title, adopted under another
process, the State shall use such standards and assessments,
modified, if necessary, to conform with the requirements of
subparagraphs (A) and (D) of this paragraph, and paragraphs
(2) and (3).
``(C) If a State has not adopted State content standards
and State student performance standards for all students, the
State plan shall include a strategy and schedule for
developing State content standards and State student
performance standards for elementary and secondary school
children served under this part in subjects as determined by
the State, but including at least mathematics and reading or
language arts by the end of the one-year period described in
paragraph (6), which standards shall include the same
knowledge, skills, and levels of performance expected of all
children.
``(D) Standards under this paragraph shall include--
``(i) challenging content standards in academic subjects
that--
``(I) specify what children are expected to know and be
able to do;
``(II) contain coherent and rigorous content; and
``(III) encourage the teaching of advanced skills;
``(ii) challenging student performance standards that--
``(I) are aligned with the State's content standards;
``(II) describe two levels of high performance, proficient
and advanced, that determine how well children are mastering
the material in the State content standards; and
``(III) describe a third level of performance, partially
proficient, to provide complete information about the
progress of the lower performing children toward achieving to
the proficient and advanced levels of performance.
``(E) For the subjects in which students will be served
under this part, but for which a State is not required by
subparagraphs (A), (B) and (C) to develop, and has not
otherwise developed such standards, the State plan shall
describe a strategy for ensuring that such students are
taught the same knowledge and skills and held to the same
expectations as are all children.
``(2) Yearly progress.--
``(A) Each State plan shall demonstrate, based on
assessments described under paragraph (3), what constitutes
adequate yearly progress of--
``(i) any school served under this part toward enabling
children to meet the State's student performance standards;
and
``(ii) any local educational agency that received funds
under this part toward enabling children in schools receiving
assistance under this part to meet the State's student
performance standards.
``(B) Adequate yearly progress shall be defined in a
manner--
[[Page 2095]]
``(i) that is consistent with guidelines established by the
Secretary that result in continuous and substantial yearly
improvement of each local educational agency and school
sufficient to achieve the goal of all children served under
this part meeting the State's proficient and advanced levels
of performance, particularly economically disadvantaged and
limited English proficient children; and
``(ii) that links progress primarily to performance on the
assessments carried out under this section while permitting
progress to be established in part through the use of other
measures.
``(3) Assessments.--Each State plan shall demonstrate that
the State has developed or adopted a set of high-quality,
yearly student assessments, including assessments in at least
mathematics and reading or language arts, that will be used
as the primary means of determining the yearly performance of
each local educational agency and school served under this
part in enabling all children served under this part to meet
the State's student performance standards. Such assessments
shall--
``(A) be the same assessments used to measure the
performance of all children, if the State measures the
performance of all children;
``(B) be aligned with the State's challenging content and
student performance standards and provide coherent
information about student attainment of such standards;
``(C) be used for purposes for which such assessments are
valid and reliable, and be consistent with relevant,
nationally recognized professional and technical standards
for such assessments;
``(D) measure the proficiency of students in the academic
subjects in which a State has adopted challenging content and
student performance standards and be administered at some
time during--
``(i) grades 3 through 5;
``(ii) grades 6 through 9; and
``(iii) grades 10 through 12;
``(E) involve multiple up-to-date measures of student
performance, including measures that assess higher order
thinking skills and understanding;
``(F) provide for--
``(i) the participation in such assessments of all
students;
``(ii) the reasonable adaptations and accommodations for
students with diverse learning needs, necessary to measure
the achievement of such students relative to State content
standards; and
``(iii) the inclusion of limited English proficient
students who shall be assessed, to the extent practicable, in
the language and form most likely to yield accurate and
reliable information on what such students know and can do,
to determine such students' mastery of skills in subjects
other than English;
``(G) include students who have attended schools in a local
educational agency for a full academic year but have not
attended a single school for a full academic year, however
the performance of students who have attended more than one
school in the local educational agency in any academic year
shall be used only in determining the progress of the local
educational agency;
``(H) provide individual student interpretive and
descriptive reports, which shall include scores, or other
information on the attainment of student performance
standards; and
``(I) enable results to be disaggregated within each State,
local educational agency, and school by gender, by each major
racial and ethnic group, by English proficiency status, by
migrant status, by students with disabilities as compared to
nondisabled students, and by economically disadvantaged
students as compared to students who are not economically
disadvantaged.
``(4) Special rule.--Assessment measures that do not meet
the requirements of paragraph (3)(C) may be included as one
of the multiple measures, if a State includes in the State
plan information regarding the State's efforts to validate
such measures.
``(5) Language assessments.--Each State plan shall identify
the languages other than English that are present in the
participating student population and indicate the languages
for which yearly student assessments are not available and
are needed. The State shall make every effort to develop such
assessments and may request assistance from the Secretary if
linguistically accessible assessment measures are needed.
Upon request, the Secretary shall assist with the
identification of appropriate assessment measures in the
needed languages through the Office of Bilingual Education
and Minority Languages Affairs.
``(6) Standard and assessment development.--(A) A State
that does not have challenging State content standards and
challenging State student performance standards, in at least
mathematics and reading or language arts, shall develop such
standards within one year of receiving funds under this part
after the first fiscal year for which such State receives
such funds after the date of enactment of the Improving
America's Schools Act of 1994.
``(B) A State that does not have assessments that meet the
requirements of paragraph (3) in at least mathematics and
reading or language arts shall develop and test such
assessments within four years (one year of which shall be
used for field testing such assessment), of receiving funds
under this part after the first fiscal year for which such
State receives such funds after the date of enactment of the
Improving America's Schools Act of 1994 and shall develop
benchmarks of progress toward the development of such
assessments that meet the requirements of paragraph (3),
including periodic updates.
``(C) The Secretary may extend for one additional year the
time for testing new assessments under subparagraph (B) upon
the request of the State and the submission of a strategy to
correct problems identified in the field testing of such new
assessments.
``(D) If, after the one-year period described in
subparagraph (A), a State does not have challenging State
content and challenging student performance standards in at
least mathematics and reading or language arts, a State shall
adopt a set of standards in these subjects such as the
standards and assessments contained in other State plans the
Secretary has approved.
``(E) If, after the four-year period described in
subparagraph (B), a State does not have assessments, in at
least mathematics and reading or language arts, that meet the
requirement of paragraph (3), and is denied an extension
under subparagraph (C), a State shall adopt an assessment
that meets the requirement of paragraph (3) such as one
contained in other State plans the Secretary has approved.
``(7) Transitional assessments.--(A) If a State does not
have assessments that meet the requirements of paragraph (3)
and proposes to develop such assessments under paragraph
(6)(B), the State may propose to use a transitional set of
yearly statewide assessments that will assess the performance
of complex skills and challenging subject matter.
``(B) For any year in which a State uses transitional
assessments, the State shall devise a procedure for
identifying local educational agencies under paragraphs (3)
and (7) of section 1116(d), and schools under paragraphs (1)
and (7) of section 1116(c), that rely on accurate information
about the academic progress of each such local educational
agency and school.
``(8) Requirement.--Each State plan shall describe--
``(A) how the State educational agency will help each local
educational agency and school affected by the State plan
develop the capacity to comply with each of the requirements
of sections 1112(c)(1)(D), 1114(b), and 1115(c) that is
applicable to such agency or school; and
``(B) such other factors the State deems appropriate (which
may include opportunity-to-learn standards or strategies
developed under the Goals 2000: Educate America Act) to
provide students an opportunity to achieve the knowledge and
skills described in the challenging content standards adopted
by the State.
``(c) Other Provisions To Support Teaching and Learning.--
Each State plan shall contain assurances that--
``(1)(A) the State educational agency will implement a
system of school support teams under section 1117(c),
including provision of necessary professional development for
those teams;
``(B) the State educational agency will work with other
agencies, including educational service agencies or other
local consortia, and institutions to provide technical
assistance to local educational agencies and schools to carry
out the State educational agency's responsibilities under
this part, including technical assistance in providing
professional development under section 1119 and technical
assistance under section 1117; and
``(C)(i) where educational service agencies exist, the
State educational agency will consider providing professional
development and technical assistance through such agencies;
and
``(ii) where educational service agencies do not exist, the
State educational agency will consider providing professional
development and technical assistance through other
cooperative agreements such as through a consortium of local
educational agencies;
``(2) the State educational agency will notify local
educational agencies and the public of the standards and
assessments developed under this section, and of the
authority to operate schoolwide programs, and will fulfill
the State educational agency's responsibilities regarding
local educational agency improvement and school improvement
under section 1116, including such corrective actions as are
necessary;
``(3) the State educational agency will provide the least
restrictive and burdensome regulations for local educational
agencies and individual schools participating in a program
assisted under this part;
``(4) the State educational agency will encourage the use
of funds from other Federal, State, and local sources for
schoolwide reform in schoolwide programs under section 1114;
``(5) the Committee of Practitioners established under
section 1603(b) will be substantially involved in the
development of the plan and will continue to be involved in
monitoring the plan's implementation by the State; and
``(6) the State will coordinate activities funded under
this part with school-to-work, vocational education,
cooperative education and mentoring programs, and
apprenticeship programs involving business, labor, and
industry, as appropriate.
``(d) Peer Review and Secretarial Approval.--
``(1) In general.--The Secretary shall--
``(A) establish a peer review process to assist in the
review and recommendations for revision of State plans;
[[Page 2096]]
``(B) appoint individuals to the peer review process who
are representative of State educational agencies, local
educational agencies, teachers, and parents;
``(C) following an initial peer review, approve a State
plan the Secretary determines meets the requirements of
subsections (a), (b), and (c); and
``(D) if the Secretary determines that the State plan does
not meet the requirements of subsection (a), (b), or (c),
immediately notify the State of such determination and the
reasons for such determination;
``(E) not decline to approve a State's plan before--
``(i) offering the State an opportunity to revise its plan;
``(ii) providing technical assistance in order to assist
the State to meet the requirements under subsections (a),
(b), and (c); and
``(iii) providing a hearing; and
``(F) have the authority to disapprove a State plan for not
meeting the requirements of this part, but shall not have the
authority to require a State, as a condition of approval of
the State plan, to include in, or delete from, such plan one
or more specific elements of the State's content standards or
to use specific assessment instruments or items.
``(2) Withholding.--The Secretary may withhold funds for
State administration and activities under section 1117 until
the Secretary determines that the State plan meets the
requirements of this section.
``(e) Duration of the Plan.--
``(1) In general.--Each State plan shall--
``(A) remain in effect for the duration of the State's
participation under this part; and
``(B) be periodically reviewed and revised by the State, as
necessary, to reflect changes in the State's strategies and
programs under this part.
``(2) Additional information.--If the State makes
significant changes in its plan, such as the adoption of new
State content standards and State student performance
standards, new assessments, or a new definition of adequate
progress, the State shall submit such information to the
Secretary.
``(f) Limitation on Conditions.--Nothing in this part shall
be construed to authorize an officer or employee of the
Federal Government to mandate, direct, or control a State,
local educational agency, or school's specific instructional
content or student performance standards and assessments,
opportunity-to-learn standards or strategies, curriculum, or
program of instruction, as a condition of eligibility to
receive funds under this part.
``(g) Prohibition.--Nothing in this Act shall be construed
to require any State educational agency, local educational
agency, or school, to implement opportunity-to-learn
standards or strategies developed by such State under the
Goals 2000: Educate America Act.
``(h) Special Rule.--If the aggregate State expenditure by
a State educational agency for the operation of elementary
and secondary education programs in the State is less than
such agency's aggregate Federal expenditure for the State
operation of all Federal elementary and secondary education
programs, then the State plan shall include assurances and
specific provisions that such State will provide State
expenditures for the operation of elementary and secondary
education programs equal to or exceeding the level of Federal
expenditures for such operation by October 1, 1998.
``SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.
``(a) Plans Required.--
``(1) Subgrants.--A local educational agency may receive a
subgrant under this part for any fiscal year only if such
agency has on file with the State educational agency a plan,
approved by the State educational agency, that is coordinated
with other programs under this Act, the Goals 2000: Educate
America Act, and other Acts, as appropriate, as specified in
section 14306.
``(2) Consolidated application.--The plan may be submitted
as part of a consolidated application under section 14304.
``(b) Plan Provisions.--Each local educational agency plan
shall include--
``(1) a description of additional high-quality student
assessments, if any, other than the assessments described in
the State plan under section 1111, that the local educational
agency and schools served under this part will use to--
``(A) determine the success of children served under this
part in meeting the State's student performance standards and
provide information to teachers, parents, and students on the
progress being made toward meeting the State student
performance standards described in section 1111(b)(1)(D)(ii);
``(B) assist in diagnosis, teaching, and learning in the
classroom in ways that best enable children served under this
part to meet State standards and do well in the local
curriculum; and
``(C) determine what revisions are needed to projects under
this part so that such children will meet the State's student
performance standards;
``(2) at the local educational agency's discretion, a
description of any other indicators that will be used in
addition to the assessments described in paragraph (1) for
the uses described in such paragraph;
``(3) a description of the strategy the local educational
agency will use to provide professional development for
teachers, and, where appropriate, pupil services personnel,
administrators, parents and other staff, including local
educational agency level staff in accordance with section
1119;
``(4) a description of how the local educational agency
will coordinate and integrate services provided under this
part with other educational services at the local educational
agency or individual school level, such as--
``(A) Even Start, Head Start, and other preschool programs,
including plans for the transition of participants in such
programs to local elementary school programs, vocational
education programs, and school-to-work transition programs;
and
``(B) services for children with limited English
proficiency or with disabilities, migratory children served
under part C or who were formerly eligible for services under
part C in the two-year period preceding the date of the
enactment of the Improving America's School Act of 1994,
neglected or delinquent youth and youth at risk of dropping
out served under part D, homeless children, and immigrant
children in order to increase program effectiveness,
eliminate duplication, and reduce fragmentation of the
instructional program;
``(5) a description of the poverty criteria that will be
used to select school attendance areas under section 1113;
``(6) a description of how teachers, in consultation with
parents, administrators, and pupil services personnel, in
targeted assistance schools under section 1115, will identify
the eligible children most in need of services under this
part;
``(7) a general description of the nature of the programs
to be conducted by such agency's schools under sections 1114
and 1115 and, where appropriate, educational services outside
such schools for children living in local institutions for
neglected or delinquent children, for neglected and
delinquent children in community day school programs, and for
eligible homeless children;
``(8) a description of how the local educational agency
will ensure that migratory children and formerly migratory
children who are eligible to receive services under this part
are selected to receive such services on the same basis as
other children who are selected to receive services under
this part;
``(9) where appropriate, a description of how the local
educational agency will use funds under this part to support
preschool programs for children, particularly children
participating in a Head Start or Even Start program, which
services may be provided directly by the local educational
agency or through a subcontract with the local Head Start
agency designated by the Secretary of Health and Human
Services under section 641 of the Head Start Act, agencies
operating Even Start programs, or another comparable public
early childhood development program.
``(c) Assurances.--
``(1) In general.--Each local educational agency plan shall
provide assurances that the local educational agency will--
``(A) inform eligible schools and parents of schoolwide
project authority;
``(B) provide technical assistance and support to
schoolwide programs;
``(C) work in consultation with schools as the schools
develop the schools' plans pursuant to section 1114 and
assist schools as the schools implement such plans or
undertake activities pursuant to section 1115 so that each
school can make adequate yearly progress toward meeting the
State content standards and State student performance
standards;
``(D) fulfill such agency's school improvement
responsibilities under section 1116, including taking
corrective actions under section 1116(c)(4);
``(E) coordinate and collaborate, to the extent feasible
and necessary as determined by the local educational agency,
with other agencies providing services to children, youth,
and families, including health and social services;
``(F) provide services to eligible children attending
private elementary and secondary schools in accordance with
section 1120, and timely and meaningful consultation with
private school officials regarding such services;
``(G) take into account the experience of model programs
for the educationally disadvantaged, and the findings of
relevant research indicating that services may be most
effective if focused on students in the earliest grades at
schools that receive funds under this part; and
``(H) beginning in fiscal year 1997 and in the case that a
local educational agency chooses to use funds under this part
to provide early childhood development services to low-income
children below the age of compulsory school attendance,
ensure that such services comply with the performance
standards established under section 641A(a) of the Head Start
Act or under section 651 of such Act, as such section 651 was
in effect on the day preceding the date of enactment of the
Human Services Amendments of 1994.
``(2) Special rule.--In carrying out subparagraph (H) of
paragraph (1) the Secretary--
``(A) in fiscal year 1995, shall consult with the Secretary
of Health and Human Services on the implementation of such
subparagraph and shall establish procedures (taking into
consideration existing State and local laws, and local
teacher contracts) to assist local educational agencies to
comply with such subparagraph; and
``(B) in fiscal year 1996, shall disseminate to local
educational agencies the Head Start Performance Standards
revised pursuant to section 641A(a) of the Head Start Act,
and such agencies effected by such subparagraph
[[Page 2097]]
shall plan for the implementation of such subparagraph
(taking into consideration existing State and local laws, and
local teacher contracts), including pursuing the availability
of other Federal, State, and local funding sources to assist
in compliance with such subparagraph.
``(3) Inapplicability.--The provisions of this subsection
shall not apply to preschool programs using the Even Start
model or to Even Start programs which are expanded through
the use of funds under this part.
``(d) Plan Development and Duration.--Each local
educational agency plan shall--
``(1) be developed in consultation with teachers, including
vocational teachers, and pupil services personnel, where
appropriate, and parents of children in schools served under
this part; and
``(2)(A) remain in effect for the duration of the local
educational agency's participation under this part; and
``(B) periodically be reviewed and revised, as necessary,
to reflect changes in the local educational agency's
strategies and programs.
``(e) State Approval.--
``(1) In general.--Each local educational agency plan shall
be filed according to a schedule established by the State
educational agency, except that a local educational agency
shall have not more than one year after the date of enactment
of the Improving America's Schools Act of 1994 to have such
plan provisionally approved by the State educational agency
and not more than two years after the date of enactment of
such Act to have such plan finally approved by the State
educational agency.
``(2) Approval.--The State educational agency shall approve
a local educational agency's plan only if the State
educational agency determines that the local educational
agency's plan will enable schools served under this part to
substantially help all children served under this part meet
the standards expected of all children described in section
1111(b)(1).
``(3) Review.--The State educational agency shall review
the local educational agency's plan to
determine if such agency's professional development
activities are in accordance with section 1119.
``(f) Program Responsibility.--The local educational agency
plan shall reflect the shared responsibility of schools,
teachers, and the local educational agency in making
decisions regarding activities under sections 1114 and 1115.
``SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.
``(a) Determination.--
``(1) In general.--A local educational agency shall use
funds received under this part only in eligible school
attendance areas.
``(2) Eligible school attendance areas.--For the purposes
of this part--
``(A) the term `school attendance area' means, in relation
to a particular school, the geographical area in which the
children who are normally served by that school reside; and
``(B) the term `eligible school attendance area' means a
school attendance area in which the percentage of children
from low-income families is at least as high as the
percentage of children from low-income families in the local
educational agency as a whole.
``(3) Ranking order.--If funds allocated in accordance with
subsection (c) are insufficient to serve all eligible school
attendance areas, a local educational agency shall--
``(A) annually rank, without regard to grade spans, such
agency's eligible school attendance areas in which the
concentration of children from low-income families exceeds 75
percent from highest to lowest according to the percentage of
children from low-income families; and
``(B) serve such eligible school attendance areas in rank
order.
``(4) Remaining funds.--If funds remain after serving all
eligible school attendance areas under paragraph (3), a local
educational agency shall--
``(A) annually rank such agency's remaining eligible school
attendance areas from highest to lowest either by grade span
or for the entire local educational agency according to the
percentage of children from low-income families; and
``(B) serve such eligible school attendance areas in rank
order either within each grade-span grouping or within the
local educational agency as a whole.
``(5) Measures.--The local educational agency shall use the
same measure of poverty, which measure shall be the number of
children ages 5 through 17 in poverty counted in the most
recent census data approved by the Secretary, the number of
children eligible for free and reduced priced lunches under
the National School Lunch Act, the number of children in
families receiving assistance under the Aid to Families with
Dependent Children program, or the number of children
eligible to receive medical assistance under the Medicaid
program, or a composite of such indicators, with respect to
all school attendance areas in the local educational agency--
``(A) to identify eligible school attendance areas;
``(B) to determine the ranking of each area; and
``(C) to determine allocations under subsection (c).
``(6) Exception.--This subsection shall not apply to a
local educational agency with a total enrollment of less than
1,000 children.
(7) Waiver for desegregation plans.--The Secretary may
approve a local educational agency's written request for a
waiver of the requirements of subsections (a) and (c), and
permit such agency to treat as eligible, and serve, any
school that children attend with a State-ordered or a court-
ordered school desegregation plan or a plan that continues to
be implemented in accordance with State-ordered or court-
ordered desegregation plan, if (A) the number of economically
disadvantaged children enrolled in the school is at least 25
percent of the school's total enrollment; and (B) the
Secretary determines on the basis of a written request from
such agency and in accordance with such criteria as the
Secretary establishes, that approval of that request would
further the purposes of this pact.
``(b) Local Educational Agency Discretion.--
``(1) In general.--Notwithstanding subsection (a)(2), a
local educational agency may--
``(A) designate as eligible any school attendance area or
school in which at least 35 percent of the children are from
low-income families;
``(B) use funds received under this part in a school that
is not in an eligible school attendance area, if the
percentage of children from low-income families enrolled in
the school is equal to or greater than the percentage of such
children in a participating school attendance area of such
agency;
``(C)(i) elect not to serve an eligible school attendance
area or eligible school that has a higher percentage of
children from low-income families if--
``(I) the school meets the comparability requirements of
section 1120A(c);
``(II) the school is receiving supplemental funds from
other State or local sources that are spent according to the
requirements of section 1114 or 1115; and
``(III) the funds expended from such other sources equal or
exceed the amount that would be provided under this part.
``(2) Special rule.--Notwithstanding paragraph (1)(C), the
number of children attending private elementary and secondary
schools who are to receive services, and the assistance such
children are to receive under this part, shall be determined
without regard to whether the public school attendance area
in which such children reside is assisted under paragraph
(1).
``(c) Allocations.--
``(1) In general.--A local educational agency shall
allocate funds received under this part to eligible school
attendance areas or eligible schools, identified under
subsection (a) or (b), in rank order, on the basis of the
total number of children from low-income families in each
area or school.
``(2) Special rule.--(A) Except as provided in subparagraph
(B), the per pupil amount of funds allocated to each school
attendance area or school under paragraph (1) shall be at
least 125 percent of the per pupil amount of funds a local
educational agency received for that year under the poverty
criteria described by the local educational agency in the
plan submitted under section 1112, except that this paragraph
shall not apply to a local educational agency that only
serves schools in which the percentage of such children is 35
percent or greater.
``(B) A local educational agency may reduce the amount of
funds allocated under subparagraph (A) for a school
attendance area or school by the amount of any supplemental
State and local funds expended in that school attendance area
or school for programs that meet the requirements of section
1114 or 1115.
``(3) Reservation.--A local educational agency shall
reserve such funds as are necessary under this part to
provide services comparable to those provided to children in
schools funded under this part to serve--
``(A) where appropriate, eligible homeless children who do
not attend participating schools, including providing
educationally related support services to children in
shelters;
``(B) children in local institutions for neglected or
delinquent children; and
``(C) where appropriate, neglected and delinquent children
in community day school programs.
``SEC. 1114. SCHOOLWIDE PROGRAMS.
``(a) Use of Funds for Schoolwide Programs.--
``(1) In general.--A local educational agency may use funds
under this part, in combination with other Federal, State,
and local funds, in order to upgrade the entire educational
program in a school described in subparagraph (A) or (B) if,
for the initial year of the schoolwide program, the school
meets either of the following criteria:
``(A) For the school year 1995-1996--
``(i) the school serves an eligible school attendance area
in which not less than 60 percent of the children are from
low-income families; or
``(ii) not less than 60 percent of the children enrolled in
the school are from such families.
``(B) For the school year 1996-1997 and subsequent years--
``(i) the school serves an eligible school attendance area
in which not less than 50 percent of the children are from
low-income families; or
``(ii) not less than 50 percent of the children enrolled in
the school are from such families.
``(2) State assurances.--(A) A local educational agency may
start new schoolwide programs under this section only after
the State educational agency provides written
[[Page 2098]]
information to each local educational agency in the State
that demonstrates that such State agency has established the
statewide system of support and improvement required by
subsections (c)(1) and (e) of section 1117.
``(B) A school that desires to initiate a schoolwide
program under this section prior to the establishment of the
statewide system of support and improvement required in
subsections (c)(1) and (e) of section 1117 shall demonstrate
to the local educational agency that such school has received
high quality technical assistance and support from other
providers of assistance such as comprehensive technical
assistance centers, regional laboratories, institutions of
higher education, educational service agencies, or other
local consortia.
``(3) Identification.--(A) No school participating in a
schoolwide program shall be required to identify particular
children under this part as eligible to participate in a
schoolwide program or to provide supplemental services to
such children.
``(B) A school participating in a schoolwide program shall
use funds available to carry out this section only to
supplement the amount of funds that would, in the absence of
funds under this part, be made available from non-Federal
sources for the school, including funds needed to provide
services that are required by law for children with
disabilities and children with limited English proficiency.
``(4) Special rule.--(A) Except as provided in subsection
(b), the Secretary may, through publication of a notice in
the Federal Register, exempt schoolwide programs under this
section from statutory or regulatory provisions of any other
noncompetitive, formula grant program administered by the
Secretary, or any discretionary grant program administered by
the Secretary (other than formula or discretionary grant
programs under the Individuals with Disabilities Education
Act), to support schoolwide programs, if the intent and
purposes of such other programs are met.
``(B) A school that chooses to use funds from such other
programs shall not be relieved of the requirements relating
to health, safety, civil rights, gender equity, student and
parental participation and involvement, services to private
school children, maintenance of effort, comparability of
services, uses of Federal funds to supplement, not supplant
non-Federal funds, or the distribution of funds to State or
local educational agencies that apply to the receipt of funds
from such programs.
``(5) Professional development.--Each school receiving
funds under this part for any fiscal year shall devote
sufficient resources to effectively carry out the activities
described in subsection (b)(1)(D) in accordance with section
1119 for such fiscal year, except that a school may enter
into a consortium with another school to carry out such
activities.
``(b) Components of a Schoolwide Program.--
``(1) In general.--A schoolwide program shall include the
following components:
``(A) A comprehensive needs assessment of the entire school
that is based on information on the performance of children
in relation to the State content standards and the State
student performance standards described in section
1111(b)(1).
``(B) Schoolwide reform strategies that--
``(i) provide opportunities for all children to meet the
State's proficient and advanced levels of student performance
described in section 1111(b)(1)(D);
``(ii) are based on effective means of improving the
achievement of children;
``(iii) use effective instructional strategies, which may
include the integration of vocational and academic learning
(including applied learning and team teaching strategies),
that--
``(I) increase the amount and quality of learning time,
such as providing an extended school year and before- and
after-school and summer programs and opportunities, and help
provide an enriched and accelerated curriculum; and
``(II) include strategies for meeting the educational needs
of historically underserved populations, including girls and
women;
``(iv)(I) address the needs of all children in the school,
but particularly the needs of children who are members of the
target population of any program that is included in the
schoolwide program, which may include--
``(aa) counseling, pupil services, and mentoring services;
``(bb) college and career awareness and preparation, such
as college and career guidance, comprehensive career
development, occupational information, enhancement of
employability skills and occupational skills, personal
finance education, job placement services, and innovative
teaching methods which may include applied learning and team
teaching strategies;
``(cc) services to prepare students for the transition from
school to work, including the formation of partnerships
between elementary, middle, and secondary schools and local
businesses, and the integration of school-based and work-
based learning; and
``(dd) incorporation of gender-equitable methods and
practices; and
``(II) address how the school will determine if such needs
have been met; and
``(vii) are consistent with, and are designed to implement,
the State and local improvement plans, if any, approved under
title III of the Goals 2000: Educate America Act.
``(C) Instruction by highly qualified professional staff.
``(D) In accordance with section 1119 and subsection
(a)(5), professional development for teachers and aides, and,
where appropriate, pupil services personnel, parents,
principals, and other staff to enable all children in the
school to meet the State's student performance standards.
``(E) Strategies to increase parental involvement, such as
family literary services.
``(F) Plans for assisting preschool children in the
transition from early childhood programs, such as Head Start,
Even Start, or a State-run preschool program, to local
elementary school programs.
``(G) Measures to include teachers in the decisions
regarding the use of assessments described in section
1112(b)(1) in order to provide information on, and to
improve, the performance of individual students and the
overall instructional program.
``(H) Activities to ensure that students who experience
difficulty mastering any of the standards required by section
1111(b) during the course of the school year shall be
provided with effective, timely additional assistance, which
shall include--
``(i) measures to ensure that students' difficulties are
identified on a timely basis and to provide sufficient
information on which to base effective assistance;
``(ii) to the extent the school determines feasible using
funds under this part, periodic training for teachers in how
to identify such difficulties and to provide assistance to
individual students; and
``(iii) for any student who has not met such standards,
teacher-parent conferences, at which time the teacher and
parents shall discuss--
``(I) what the school will do to help the student meet such
standards;
``(II) what the parents can do to help the student improve
the student's performance; and
``(III) additional assistance which may be available to the
student at the school or elsewhere in the community.
``(2) Plan.--(A) Any eligible school that desires to
operate a schoolwide program shall first develop (or amend a
plan for such a program that was in existence before the date
of enactment of the Improving America's Schools Act of 1994),
in consultation with the local educational agency and its
school support team or other technical assistance provider
under subsections (c)(1) and (e) of section 1117, a
comprehensive plan for reforming the total instructional
program in the school that--
``(i) incorporates the components described in paragraph
(1);
``(ii) describes how the school will use resources under
this part and from other sources to implement those
components;
``(iii) includes a list of State and local educational
agency programs and other Federal programs under subsection
(a)(4) that will be included in the schoolwide program;
``(iv) describes how the school will provide individual
student assessment results, including an interpretation of
those results, to the parents of a child who participates in
the assessment required by section 1111(b)(3);
``(v) provides for the collection of data on the
achievement and assessment results of students disaggregated
by gender, major ethnic or racial groups, limited English
proficiency status, migrant students, and by children with
disabilities as compared to other students, and by
economically disadvantaged students as compared to students
who are not economically disadvantaged;
``(vi) seeks to produce statistically sound results for
each category for which assessment results are disaggregated
through the use of oversampling or other means; and
``(vii) provides for the public reporting of disaggregated
data only when such reporting is statistically sound.
``(B) Plans developed before a State has adopted standards
and a set of assessments that meet the criteria in paragraphs
(1) and (3) of section 1111(b) shall be based on an analysis
of available data on the achievement of students in the
school and effective instructional and school improvement
practices.
``(C) The comprehensive plan shall be--
``(i) developed during a one-year period, unless--
``(I) the local educational agency, after considering the
recommendation of the technical assistance providers under
subsections (c) and (e) of section 1117, determines that less
time is needed to develop and implement the schoolwide
program; or
``(II) the school is operating a schoolwide program on the
day preceding the date of enactment of the Improving
America's Schools Act of 1994, in which case such school may
continue to operate such program, but shall develop a new
plan during the first year of assistance under such Act to
reflect the provisions of this section;
``(ii) developed with the involvement of the community to
be served and individuals who will carry out such plan,
including teachers, principals, other staff, and, where
appropriate, pupil services personnel, and parents, and, if
the plan relates to a secondary school, students from such
school;
``(iii) in effect for the duration of the school's
participation under this part and reviewed and revised, as
necessary, by the school;
``(iv) available to the local educational agency, parents,
and the public, and the information contained in such plan
shall be translated, to the extent feasible, into any
language that a significant percentage of the parents of
participating children in the school speak as their primary
language; and
[[Page 2099]]
``(v) where appropriate, developed in coordination with
programs under the School-to-Work Opportunities Act of 1994,
the Carl D. Perkins Vocational and Applied Technology
Education Act, and the National and Community Service Act of
1990.
``(c) Accountability.--A schoolwide program under this
section shall be subject to the school improvement provisions
of section 1116.
``SEC. 1115. TARGETED ASSISTANCE SCHOOLS.
``(a) In General.--In all schools selected to receive funds
under section 1113(c) that are ineligible for a schoolwide
program under section 1114, or that choose not to operate
such a schoolwide program, a local educational agency may use
funds received under this part only for programs that provide
services to eligible children under subsection (b) identified
as having the greatest need for special assistance.
``(b) Eligible Children.--
``(1) Eligible population.--(A) The eligible population for
services under this part is--
``(i) children not older than age 21 who are entitled to a
free public education through grade 12; and
``(ii) children who are not yet at a grade level where the
local educational agency provides a free public education,
yet are of an age at which such children can benefit from an
organized instructional program provided in a school or other
educational setting.
``(B) From the population described in subparagraph (A),
eligible children are children identified by the school as
failing, or most at risk of failing, to meet the State's
challenging student performance standards on the basis of
multiple, educationally related, objective criteria
established by the local educational agency and supplemented
by the school, except that children from preschool through
grade two shall be selected solely on the basis of such
criteria as teacher judgment, interviews with parents, and
developmentally appropriate measures.
``(2) Children included.--(A)(i) Children who are
economically disadvantaged, children with disabilities,
migrant children or limited English proficient children, are
eligible for services under this part on the same basis as
other children selected to receive services under this part.
``(ii) Funds received under this part may not be used to
provide services that are otherwise required by law to be
made available to such children but may be used to coordinate
or supplement such services.
``(B) A child who, at any time in the two years preceding
the year for which the determination is made, participated in
a Head Start or Even Start program, is eligible for services
under this part.
``(C)(i) A child who, at any time in the two years
preceding the year for which the determination is made,
received services under the program for youth who are
neglected, delinquent, or at risk of dropping out under part
D (or its predecessor authority) may be eligible for services
under this part.
``(ii) A child in a local institution for neglected or
delinquent children or attending a community day program for
such children may be eligible for services under this part.
``(D) A child who is homeless and attending any school in
the local educational agency may be eligible for services
under this part.
``(c) Components of a Targeted Assistance School Program.--
``(1) In general.--To assist targeted assistance schools
and local educational agencies to meet their responsibility
to provide for all their students served under this part the
opportunity to meet the State's student performance standards
in subjects as determined by the State, each targeted
assistance program under this section shall--
``(A) use such program's resources under this part to help
participating children meet such State student performance
standards expected for all children;
``(B) be based on effective means for improving achievement
of children;
``(C) ensure that planning for students served under this
part is incorporated into existing school planning;
``(D) use effective instructional strategies that--
``(i) give primary consideration to providing extended
learning time such as an extended school year, before- and
after-school, and summer, programs and opportunities;
``(ii) help provide an accelerated, high-quality
curriculum, including applied learning; and
``(iii) minimize removing children from the regular
classroom during regular school hours for instruction
provided under this part;
``(E) coordinate with and support the regular education
program, which may include--
``(i) counseling, mentoring, and other pupil services;
``(ii) college and career awareness and preparation, such
as college and career guidance, comprehensive career
development, occupational information, enhancement of
employability skills and occupational skills, personal
finance education, job placement services, and innovative
teaching methods which may include applied learning and team
teaching strategies;
``(iii) services to prepare students for the transition
from school to work, including the formation of partnerships
between elementary, middle, and secondary schools and local
businesses, and the integration of school-based and work-
based learning; and
``(iv) services to assist preschool children in the
transition from early childhood programs to elementary school
programs;
``(F) provide instruction by highly qualified staff;
``(G) in accordance with subsection (e)(3) and section
1119, provide opportunities for professional development with
resources provided under this part, and from other sources to
the extent feasible, for administrators and for teachers and
other school staff who work with participating children in
programs under this section or in the regular education
program; and
``(H) provide strategies to increase parental involvement,
such as family literary services.
``(2) Requirements.--Each school conducting a program under
this section shall assist participating children selected in
accordance with subsection (b) to meet the State's proficient
and advanced levels of performance by--
``(A) the coordination of resources provided under this
part with other resources to enable the children served to
meet the State content standards and State student
performance standards; and
``(B) reviewing, on an ongoing basis, the progress of
participating children and revising the targeted assistance
program, if necessary, to provide additional assistance to
enable such children to meet the State's challenging student
performance standards, such as an extended school year,
before- and after-school, and summer, programs and
opportunities, training for teachers regarding how to
identify students that require additional assistance, and
training for teachers regarding how to implement student
performance standards in the classroom.
``(d) Assignment of Personnel.--To promote the integration
of staff supported with funds under this part and children
served under this part into the regular school program and
overall school planning and improvement efforts, public
school personnel who are paid with funds received under this
part may--
``(1) assume limited duties that are assigned to similar
personnel who are not so paid, including duties beyond
classroom instruction or that do not benefit participating
children, so long as the amount of time spent on such duties
is the same proportion of total work time as prevails with
respect to similar personnel at the same school;
``(2) participate in general professional development and
school planning activities; and
``(3) collaboratively teach with regular classroom
teachers, if such collaborative teaching directly benefits
participating children.
``(e) Special Rules.--
``(1) Simultaneous service.--Nothing in this section shall
be construed to prohibit a school from serving students
served under this section simultaneously with students with
similar educational needs, in the same educational settings
where appropriate.
``(2) Comprehensive services.--If health, nutrition, and
other social services are not otherwise available to eligible
children in a targeted assistance school and such school, if
appropriate, has engaged in a comprehensive needs assessment
and established a collaborative partnership with local
service providers, and if funds are not reasonably available
from other public or private sources to provide services
under this part, then a portion of the funds provided under
this part may be used as a last resort to provide such
services, including--
``(A) the provision of basic medical equipment, such as
eyeglasses and hearing aids;
``(B) compensation of a coordinator; and
``(C) professional development necessary to assist
teachers, pupil services personnel, other staff, and parents
in identifying and meeting the comprehensive needs of
eligible children.
``(3) Professional development.--Each school receiving
funds under this part for any fiscal year shall devote
sufficient resources to effectively carry out the
professional development activities described in subparagraph
(G) of subsection (c)(1) in accordance with section 1119, for
such fiscal year, except that a school may enter into a
consortium with another school to carry out such activities.
``SEC. 1115A. SCHOOL CHOICE.
``(a) Choice Programs.--A local educational agency may use
funds under this part, in combination with State, local, and
private funds, to develop and implement choice programs, for
children eligible for assistance under this part, which
permit parents to select the public school that their
children will attend.
``(b) Choice Plan.--A local educational agency that chooses
to implement a school choice plan shall first develop a
comprehensive plan that includes assurances that--
``(1) all eligible students across grade levels will have
equal access to the program;
``(2) the program does not include schools which follow a
racially discriminatory policy;
``(3) describe how the school will use resources under this
part and from other sources to implement the plan;
``(4) describe how the school will provide individual
student assessment results, including an interpretation of
such results, to the parents of a child who participates in
the assessment required by section 1111(b)(3);
``(5) the plan will be developed with the involvement of
the community to be served and individuals who will carry out
the plan, including teachers, principals, and other staff,
parents, and, if the plan relates to a secondary school,
students from the school;
``(6) the plan will be made available to parents and the
public;
``(7) the program will not include schools that do not
receive funds under this part;
[[Page 2100]]
``(8) the program will not use funds under this part to pay
for transportation costs;
``(9) both the sending and receiving schools agree to the
student transfer; and
``(10) such local educational agency will comply with the
other requirements of this part.
``SEC. 1116. ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND
SCHOOL IMPROVEMENT.
``(a) Local Review.--Each local educational agency
receiving funds under this part shall--
``(1) use the State assessments described in the State
plan;
``(2) use any additional measures or indicators described
in the local educational agency's plan to review annually the
progress of each school served under this part to determine
whether the school is meeting, or making adequate progress as
defined in section 1111(b)(2)(A)(i) toward enabling its
students to meet the State's student performance standards
described in the State plan;
``(3) publicize and disseminate to teachers and other
staff, parents, students, and the community, the results of
the annual review under paragraph (2) of all schools served
under this part in individual school performance profiles
that include statistically sound disaggregated results as
required by section 1111(b)(3)(I); and
``(4) provide the results of the local annual review to
schools so that the schools can continually refine the
program of instruction to help all children served under this
part in those schools meet the State's student performance
standards.
``(b) Designation of Distinguished Schools.--Each State
educational agency and local educational agency receiving
funds under this part shall designate distinguished schools
in accordance with section 1117.
``(c) School Improvement.--
``(1) In general.--A local educational agency shall
identify for school improvement any school served under this
part that--
``(A) has been in program improvement under section 1020 of
the Elementary and Secondary Education Act of 1965 (as such
section was in effect on the day preceding the date of
enactment of the Improving America's Schools Act of 1994),
for at least two consecutive school years prior to such day;
``(B) has not made adequate progress as defined in the
State's plan under section 1111(b)(2)(A)(i) for two
consecutive school years, except that--
``(i) this subparagraph shall not apply to a school if
almost every student in such school is meeting the State's
advanced level of performance; or
``(ii) in the case of a targeted assistance school, such
school may be reviewed on the progress of only those students
that have been or are served under this part; or
``(C) has failed to meet the criteria established by the
State through the State's transitional procedure under
section 1111(b)(7)(B) for two consecutive years.
``(2) Requirement.--(A) Each school identified under
paragraph (1) shall--
``(i) in consultation with parents, the local educational
agency, and the school support team, develop or revise a
school plan in ways that have the greatest likelihood of
improving the performance of participating children in
meeting the State's student performance standards, which may
include reviewing the schools' plan in the context of the
opportunity-to-learn standards or strategies developed by
such State under the Goals 2000: Educate America Act; and
``(ii) submit the plan or revised plan to the local
educational agency for approval.
``(B) Before identifying a school for school improvement
under paragraph (1), the local educational agency shall
provide the school with an opportunity to review the school-
level data, including assessment data, on which such
identification is based. If the school believes that such
identification for school improvement is in error for
statistical or other substantive reasons, such school may
provide evidence to the local educational agency to support
such belief.
``(C) During the first year immediately following such
identification, the school shall implement such school's plan
or revised plan.
``(3) Professional development.--(A) Each school identified
under paragraph (1) shall, as part of the school plan under
paragraph (2), improve the skills of its staff by providing
effective professional development activities. A school shall
demonstrate such school's compliance with this paragraph by--
``(i) devoting to such activities, over two consecutive
years, an amount equivalent to at least 10 percent of the
funds received by the school under this part during one
fiscal year; or
``(ii) otherwise demonstrating that such school is
effectively carrying out professional development activities.
``(B) A school may use funds from any source to meet the
requirements of this subsection.
``(C) Decisions about how to use the funds made available
under this part which the school makes available for
professional development shall be made by teachers,
principals, and other school staff in that school.
``(4) Technical assistance.--(A) For each school identified
under paragraph (1), the local educational agency shall
provide technical or other assistance as the school develops
and implements such school's plan or revised plan, such as a
joint plan between the local educational agency and school
that addresses specific elements of student performance
problems and that specifies school and local educational
agency responsibilities under the plan, and waivers or
modifications of requirements of local educational agency
policy or regulation that impede the ability of the school to
educate students.
``(B) Such technical assistance may be provided directly by
the local educational agency, through mechanisms authorized
under section 1117, or with the local educational agency's
approval, by an institution of higher education, a private
nonprofit organization, an educational service agency, a
comprehensive regional assistance center under part A of
title XIII, or other entities with experience in helping
schools improve achievement.
``(5) Corrective action.--(A) Except as provided in
subparagraph (C), after providing technical assistance
pursuant to paragraph (4) and taking other remediation
measures, the local educational agency may take corrective
action at any time against a school that has been identified
under paragraph (1), but, during the third year following
identification under paragraph (1), shall take such action
against any school that still fails to make adequate
progress.
``(B)(i) Corrective actions are those, consistent with
State and local law, determined and made public and
disseminated by the local educational agency, which may
include--
``(I) withholding funds;
``(II) interagency collaborative agreements between the
school and other public agencies to provide health,
counseling, and other social services needed to remove
barriers to learning;
``(III) revoking authority for a school to operate a
schoolwide program;
``(IV) decreasing decisionmaking authority at the school
level;
``(V) making alternative governance arrangements such as
the creation of a public charter school;
``(VI) reconstituting the school staff;
``(VII) authorizing students to transfer, including
transportation costs, to other public schools served by the
local educational agency; and
``(VIII) implementing opportunity-to-learn standards or
strategies developed by such State under the Goals 2000:
Educate America Act.
``(ii) Notwithstanding clause (i), corrective actions taken
pursuant to this part shall not include the actions described
in subclauses (I), (III), (IV), (VI), or (VII) of clause (i)
until the State has developed assessments that meet the
requirements of subparagraph (C) of section 1111(b)(3).
``(C) Prior to implementing any corrective action, the
local educational agency may refrain from such corrective
action for one additional year to the extent that the failure
to make progress can be attributed to extenuating
circumstances as determined by the local educational agency.
``(D) A school that is no longer operating its schoolwide
program due to a corrective action may not resume operation
of such a program until the local educational agency
determines that the school has adequately reformed its
schoolwide program plan to enable the school to make adequate
progress toward meeting the State's challenging student
performance standards.
``(6) State educational agency responsibilities.--The State
educational agency shall--
``(A) make technical assistance under section 1117
available to the schools farthest from meeting the State's
challenging student performance standards, if requested by
the school or local educational agency; and
``(B) if such agency determines that a local educational
agency failed to carry out the local educational agency's
responsibilities under paragraphs (4) and (5), take such
corrective actions as the State educational agency deems
appropriate and which are in compliance with State law.
``(7) Special rule.--Schools that, for at least two of the
three years following identification under paragraph (1),
make adequate progress toward meeting the State's proficient
and advanced levels of performance shall no longer need to be
identified for school improvement.
``(d) State Review and Local Educational Agency
Improvement.--
``(1) In general.--A State educational agency shall--
``(A) annually review the progress of each local
educational agency receiving funds under this part to
determine whether schools receiving assistance under this
part are making adequate progress as defined in section
1111(b)(2)(A)(ii) toward meeting the State's student
performance standards; and
``(B) publicize and disseminate to local educational
agencies, teachers and other staff, parents, students, and
the community the results of the State review, including
statistically sound disaggregated results, as required by
section 1111(b)(3)(I).
``(2) Rewards.--In the case of a local educational agency
that for three consecutive years has met or exceeded the
State's definition of adequate progress as defined in section
1111(b)(2)(A)(ii), the State may make institutional and
individual rewards of the kinds described for individual
schools in paragraph (2) of section 1117(c).
``(3) Identification.--(A) A State educational agency shall
identify for improvement any local educational agency that--
``(i) for two consecutive years, is not making adequate
progress as defined in section 1111(b)(2)(A)(ii) in schools
served under this part toward meeting the State's student
per-
[[Page 2101]]
formance standards, except that schools served by the local
educational agency that are operating targeted assistance
programs may be reviewed on the basis of the progress of only
those students served under this part; or
``(ii) has failed to meet the criteria established by the
State through such State's transitional procedure under
section 1111(b)(7)(B) for two consecutive years.
``(B) Before identifying a local educational agency for
improvement under paragraph (1), the State educational agency
shall provide the local educational agency with an
opportunity to review the school-level data, including
assessment data, on which such identification is based. If
the local educational agency believes that such
identification for improvement is in error due to statistical
or other substantive reasons, such local educational agency
may provide evidence to the State educational agency to
support such belief.
``(4) Local educational agency revisions.--(A) Each local
educational agency identified under paragraph (3) shall, in
consultation with schools, parents, and educational experts,
revise its local educational agency plan under section 1112
in ways that have the greatest likelihood of improving the
performance of schools served by the local educational agency
under this part in meeting the State's student performance
standards.
``(B) Such revision shall include determining why the local
educational agency's plan failed to bring about increased
achievement, and may include reviewing the local educational
agency's plan in the context of the opportunity-to-learn
standards or strategies developed by such State under the
Goals 2000: Educate America Act.
``(5) State educational agency responsibility.--(A) For
each local educational agency identified under paragraph (3),
the State educational agency shall--
``(i) provide technical or other assistance, if requested,
as authorized under section 1117, to better enable the local
educational agency to--
``(I) develop and implement the local educational agency's
revised plan; and
``(II) work with schools needing improvement; and
``(ii) make available to the local educational agencies
farthest from meeting the State's standards, if requested,
assistance under section 1117.
``(B) Technical or other assistance may be provided by the
State educational agency directly, or by an institution of
higher education, a private nonprofit organization, an
educational service agency or other local consortium, a
technical assistance center, or other entities with
experience in assisting local educational agencies improve
achievement, and may include--
``(i) interagency collaborative agreements between the
local educational agency and other public agencies to provide
health, pupil services, and other social services needed to
remove barriers to learning; and
``(ii) waivers or modification of requirements of State law
or regulation (in States in which such waivers are permitted)
that impede the ability of a local educational agency to
educate students.
``(6) Corrective action.--(A) Except as provided in
subparagraph (C), after providing technical assistance
pursuant to paragraph (5) and taking other remediation
measures, the State educational agency may take corrective
action at any time against a local educational agency that
has been identified under paragraph (3), but, during the
fourth year following identification under paragraph (3),
shall take such action against any local educational agency
that still fails to make adequate progress.
``(B)(i) Corrective actions are those actions, consistent
with State law, determined and made public and disseminated
by the State educational agency, which may include--
``(I) the withholding of funds;
``(II) reconstitution of school district personnel;
``(III) removal of particular schools from the jurisdiction
of the local educational agency and establishment of
alternative arrangements for public governance and
supervision of such schools;
``(IV) implementation of the opportunity-to-learn standards
or strategies developed by such State under the Goals 2000:
Educate America Act;
``(V) appointment by the State educational agency of a
receiver or trustee to administer the affairs of the local
educational agency in place of the superintendent and school
board;
``(VI) the abolition or restructuring of the local
educational agency;
``(VII) the authorizing of students to transfer from a
school operated by one local educational agency to a school
operated by another local educational agency; and
``(VIII) a joint plan between the State and the local
educational agency that addresses specific elements of
student performance problems and that specifies State and
local responsibilities under the plan.
``(ii) Notwithstanding clause (i), corrective actions taken
pursuant to this part shall not include the actions described
in subclauses (I), (II), and (III) of clause (i) until the
State has developed assessments that meet the requirements of
paragraph (3)(C) of section 1111(b).
``(C) Prior to implementing any corrective action, the
State educational agency shall provide due process and a
hearing (if State law provides for such due process and a
hearing) to any local educational agency identified under
paragraph (3) and may refrain from such corrective action for
one year after the four-year period described in subparagraph
(A) to the extent that the failure to make progress can be
attributed to such extenuating circumstances as determined by
the State educational agency.
``(7) Special rule.--Local educational agencies that for at
least two of the three years following identification under
paragraph (3) make adequate progress toward meeting the
State's standards no longer need to be identified for local
educational agency improvement.
``(e) Construction.--Nothing in this section shall be
construed to alter or otherwise affect the rights, remedies,
and procedures afforded school or school district employees
under Federal, State, or local laws (including applicable
regulations or court orders) or under the terms of collective
bargaining agreements, memoranda of understanding, or other
agreements between such employees and their employers.
``SEC. 1117. STATE ASSISTANCE FOR SCHOOL SUPPORT AND
IMPROVEMENT.
``(a) System for Support.--
``(1) State support.--Each State educational agency shall
establish a statewide system of intensive and sustained
support and improvement for schools receiving funds under
this part, including schoolwide programs and schools in need
of program improvement, in order to increase the opportunity
for all students in such schools to meet the State's content
standards and student performance standards.
``(2) Meeting requirements.--Funds reserved under section
1003(a) or appropriated under section 1002(f) shall be used
to meet the requirements of this section. In addition to such
funds a State educational agency may use State administrative
funds reserved under section 1603(c) to meet such
requirements.
``(b) Regional Centers.--Such a statewide system shall work
with and receive support and assistance from the
comprehensive regional technical assistance centers under
part A of title XIII and the educational regional
laboratories under section 941(h) of the Educational
Research, Development, Dissemination, and Improvement Act of
1994.
``(c) Provisions.--The system shall include at a minimum,
the following:
``(1) School support teams.--
``(A) Each State educational agency, in consultation with
local educational agencies and schools, shall establish a
system of school support teams to provide information and
assistance to schoolwide programs and to assist such programs
in providing an opportunity to all students to meet the
State's student performance standards.
``(B) If funds are sufficient, school support teams shall
provide information and assistance to--
``(i) schools--
``(I) in which the number of students in poverty is equal
to or greater than 75 percent of the total number of students
enrolled in such school; and
``(II) identified as in need of improvement under section
1116(c)(1); and
``(ii) other schools in need of improvement.
``(C) Each such team shall be composed of persons,
including teachers, pupil services personnel, representatives
of organizations knowledgeable about successful schoolwide
projects or comprehensive school reform (especially
distinguished educators described in paragraph (3)), and
other persons who are knowledgeable about research and
practice on teaching and learning, particularly about
strategies for improving the educational opportunities for
low achieving students (including alternative and applied
learning), such as representatives of institutions of higher
education, regional educational laboratories or research
centers, and outside consultant groups.
``(D) A school support team shall work cooperatively with
each school and make recommendations as the school develops
the school's schoolwide program plan or school improvement
plan, review each plan, and make recommendations to the
school and the local educational agency.
``(E) During the operation of the schoolwide program or
during school improvement activities, a school support team
shall--
``(i) periodically review the progress of the school in
enabling children in the school to meet the State's student
performance standards under this part;
``(ii) identify problems in the design and operation of the
instructional program; and
``(iii) make recommendations for improvement to the school
and the local educational agency.
``(2) Distinguished schools.--
``(A) Each State shall designate as a distinguished school
any school served under this part which, for three
consecutive years, has exceeded the State's definition of
adequate progress as defined in section 1111(b)(2)(A)(i),
and, any school in which--
``(i) virtually all students have met the State's advanced
level of student performance; and
``(ii) equity in participation and achievement of students
by sex has been achieved or significantly improved.
``(B) Schools designated under this paragraph may serve as
models and provide support to other schools, especially
schoolwide programs and schools in school improvement, to
assist such schools in meeting the State's student
performance standards.
``(C) States shall use funds reserved under section 1003(a)
and funds made available under section 1002(f) to allow
schools identified under this paragraph to carry out
[[Page 2102]]
the activities described in subparagraph (B) and may use such
funds to provide awards to such schools to further such
school's education programs under this part, provide
additional incentives for continued success, and reward
individuals or groups in the school for exemplary
performance.
``(D) A local educational agency may also recognize the
success of a distinguished school by providing additional
institutional and individual rewards, such as greater
decisionmaking authority at the school building level,
increased access to resources or supplemental services such
as summer programs that may be used to sustain or increase
success, additional professional development opportunities,
opportunities to participate in special projects, and
individual financial bonuses.
``(3) Distinguished educators.--
``(A) In order to provide assistance to schools and local
educational agencies identified as needing improvement and
schools participating in schoolwide programs, each State, in
consultation with local educational agencies and using funds
reserved under section 1003(a) and made available under
section 1002(f), shall establish a corps of distinguished
educators.
``(B) When possible, distinguished educators shall be
chosen from schools served under this part that have been
especially successful in enabling children to meet or make
outstanding progress toward meeting the State's student
performance standards, such as the schools described in
paragraph (2).
``(C) Distinguished educators shall provide, as part of the
statewide system, intensive and sustained assistance to the
schools and local educational agencies farthest from meeting
the State's student performance standards and to schoolwide
programs as such programs develop and implement their plans,
including participation in the support teams described in
paragraph (1).
``(d) Implementation.--In order to implement this section
funds reserved under section 1003(a) and funds made available
under section 1002(f) may be used by a State for release time
for teachers and administrators, travel, training, and other
related costs.
``(e) Alternatives.--The State may devise additional
approaches to providing the assistance described in
paragraphs (1) and (3) of subsection (c), such as providing
assistance through institutions of higher education and
educational service agencies or other local consortia, and
the State may seek approval from the Secretary to use funds
reserved under section 1003 and funds made available under
section 1002(f) for such approaches as part of the State
plan.
``SEC. 1118. PARENTAL INVOLVEMENT.
``(a) Local Educational Agency Policy.--
``(1) In general.--A local educational agency may receive
funds under this part only if such agency implements
programs, activities, and procedures for the involvement of
parents in programs assisted under this part consistent with
the provisions of this section. Such activities shall be
planned and implemented with meaningful consultation with
parents of participating children.
``(2) Written policy.--Each local educational agency that
receives funds under this part shall develop jointly with,
agree upon with, and distribute to, parents of participating
children a written parent involvement policy that is
incorporated into the local educational agency's plan
developed under section 1112, establishes the expectations
for parent involvement, and describes how the local
educational agency will--
``(A) involve parents in the joint development of the plan
under section 1112, and the process of school review and
improvement under section 1116;
``(B) provide the coordination, technical assistance, and
other support necessary to assist participating schools in
planning and implementing effective parent involvement;
``(C) build the schools' and parents' capacity for strong
parent involvement as described in subsection (e);
``(D) coordinate and integrate parental involvement
strategies under this part with parental involvement
strategies under other programs, such as Head Start, Even
Start, the Parents as Teachers Program, the Home Instruction
Program for Preschool Youngsters, and State-run preschool
programs;
``(E) conduct, with the involvement of parents, an annual
evaluation of the content and effectiveness of the parental
involvement policy developed under this section--
``(i) to determine the effectiveness of the policy in
increasing the participation of parents; and
``(ii) to identify barriers to greater participation by
parents in activities authorized by this section, giving
particular attention to parents who are economically
disadvantaged, are disabled, have limited English
proficiency, have limited literacy, or are of any racial or
ethnic minority background; and
``(F) use the findings of the evaluations described in
subparagraph (E) in designing strategies for school
improvement and revising, if necessary, the parental
involvement policies described in this subsection and
subsection (b)(1).
``(3) Reservation.--(A) Each local educational agency shall
reserve not less than 1 percent of such agency's allocation
under this part to carry out this section, including family
literacy and parenting skills, except that this paragraph
shall not apply if 1 percent of such agency's allocation
under this part (other than funds allocated under section
1002(e)) for the fiscal year for which the determination is
made is $5,000 or less.
``(B) Parents of children receiving services under this
part shall be involved in the decisions regarding how funds
reserved under subparagraph (A) are allotted for parental
involvement activities.
``(b) School Parental Involvement Policy.--
``(1) In general.--Each school served under this part shall
jointly develop with, and distribute to, parents of
participating children a written parental involvement policy,
agreed upon by such parents, that shall describe the means
for carrying out the requirements of subsections (c) through
(f). Such policy shall be updated periodically to meet the
changing needs of parents and the school.
``(2) Special rule.--If the school has a parental
involvement policy that applies to all parents, such school
may amend that policy, if necessary, to meet the requirements
of this subsection.
``(3) Amendment.--If the local educational agency has a
school district-level parental involvement policy that
applies to all parents, such agency may amend that policy, if
necessary, to meet the requirements of this subsection.
``(4) Parental comments.--If the plan under section 1112 is
not satisfactory to the parents of participating children,
the local educational agency shall submit any parent comments
with such plan when such local educational agency submits the
plan to the State.
``(c) Policy Involvement.--Each school served under this
part shall--
``(1) convene an annual meeting, at a convenient time, to
which all parents of participating children shall be invited
and encouraged to attend, to inform parents of their school's
participation under this part and to explain this part, its
requirements, and their right to be involved;
``(2) offer a flexible number of meetings, such as meetings
in the morning or evening, and may provide, with funds
provided under this part, transportation, child care, or home
visits, as such services relate to parental involvement;
``(3) involve parents, in an organized, ongoing, and timely
way, in the planning, review, and improvement of programs
under this part, including the school parental involvement
policy and the joint development of the schoolwide program
plan under section 1114(b), except that if a school has in
place a process for involving parents in the joint planning
and design of its programs, the school may use that process,
if such process includes an adequate representation of
parents of participating children;
``(4) provide parents of participating children--
``(A) timely information about programs under this part;
``(B) school performance profiles required under section
1116(a)(3) and their child's individual student assessment
results, including an interpretation of such results, as
required under section 1111(b)(3)(H);
``(C) a description and explanation of the curriculum in
use at the school, the forms of assessment used to measure
student progress, and the proficiency levels students are
expected to meet;
``(D) opportunities for regular meetings to formulate
suggestions, share experiences with other parents, and
participate as appropriate in decisions relating to the
education of their children if such parents so desire; and
``(E) timely responses to parents' suggestions under
subparagraph (D); and
``(5) if the schoolwide program plan under section
1114(b)(2) is not satisfactory to the parents of
participating children, submit any parent comments on the
plan when the school makes the plan available to the local
educational agency.
``(d) Shared Responsibilities for High Student
Performance.--As a component of the school-level parental
involvement policy developed under subsection (b), each
school served under this part shall jointly develop with
parents for all children served under this part a school-
parent compact that outlines how parents, the entire school
staff, and students will share the responsibility for
improved student achievement and the means by which the
school and parents will build and develop a partnership to
help children achieve the State's high standards. Such
compact shall--
``(1) describe the school's responsibility to provide high-
quality curriculum and instruction in a supportive and
effective learning environment that enables the children
served under this part to meet the State's student
performance standards, and the ways in which each parent will
be responsible for supporting their children's learning, such
as monitoring attendance, homework completion, and television
watching; volunteering in their child's classroom; and
participating, as appropriate, in decisions relating to the
education of their children and positive use of
extracurricular time; and
``(2) address the importance of communication between
teachers and parents on an ongoing basis through, at a
minimum--
``(A) parent-teacher conferences in elementary schools, at
least annually, during which the compact shall be discussed
as the compact relates to the individual child's achievement;
``(B) frequent reports to parents on their children's
progress; and
``(C) reasonable access to staff, opportunities to
volunteer and participate in their child's class, and
observation of classroom activities.
[[Page 2103]]
``(e) Building Capacity for Involvement.--To ensure
effective involvement of parents and to support a partnership
among the school, parents, and the community to improve
student achievement, each school and local educational
agency--
``(1) shall provide assistance to participating parents in
such areas as understanding the National Education Goals, the
State's content standards and State student performance
standards, the provisions of section 1111(b)(8), State and
local assessments, the requirements of this part, and how to
monitor a child's progress and work with educators to improve
the performance of their children as well as information on
how parents can participate in decisions relating to the
education of their children;
``(2) shall provide materials and training, such as--
``(A) coordinating necessary literacy training from other
sources to help parents work with their children to improve
their children's achievement; and
``(B) training to help parents to work with their children
to improve their children's achievement;
``(3) shall educate teachers, pupil services personnel,
principals and other staff, with the assistance of parents,
in the value and utility of contributions of parents, and in
how to reach out to, communicate with, and work with parents
as equal partners, implement and coordinate parent programs,
and build ties between home and school;
``(4) shall coordinate and integrate parent involvement
programs and activities with Head Start, Even Start, the Home
Instruction Programs for Preschool Youngsters, the Parents as
Teachers Program, and public preschool programs and other
programs, to the extent feasible and appropriate;
``(5) shall develop appropriate roles for community-based
organizations and businesses in parent involvement
activities, including providing information about
opportunities for organizations and businesses to work with
parents and schools, and encouraging the formation of
partnerships between elementary, middle, and secondary
schools and local businesses that include a role for parents;
``(6) shall conduct other activities, as appropriate and
feasible, such as parent resource centers and providing
opportunities for parents to learn about child development
and child rearing issues beginning at the birth of a child,
that are designed to help parents become full partners in the
education of their children;
``(7) shall ensure, to the extent possible, that
information related to school and parent programs, meetings,
and other activities is sent to the homes of participating
children in the language used in such homes;
``(8) may involve parents in the development of training
for teachers, principals, and other educators to improve the
effectiveness of such training in improving instruction and
services to the children of such parents;
``(9) may provide necessary literacy training from funds
received under this part if the local educational agency has
exhausted all other reasonably available sources of funding
for such activities;
``(10) may pay reasonable and necessary expenses associated
with local parental involvement activities, including
transportation and child care costs, to enable parents to
participate in school-related meetings and training sessions;
``(11) may train and support parents to enhance the
involvement of other parents;
``(12) may arrange meetings at a variety of times, such as
in the mornings and evenings, in order to maximize the
opportunities for parents to participate in school related
activities;
``(13) may arrange for teachers or other educators, who
work directly with participating children, to conduct in-home
conferences with parents who are unable to attend such
conferences at school;
``(14) may adopt and implement model approaches to
improving parental involvement, such as Even Start; and
``(15) shall provide such other reasonable support for
parental involvement activities under this section as parents
may request.
``(f) Accessibility.--In carrying out the parental
involvement requirements of this part, local educational
agencies and schools, to the extent practicable, shall
provide full opportunities for the participation of parents
with limited English proficiency or with disabilities,
including providing information and school profiles in a
language and form such parents understand.
``(g) Parental Information and Resource Centers.--In States
where parental information and resource centers have been
established pursuant to section 401 of the Goals 2000:
Educate America Act of 1994 (to provide training,
information, and support to parents and individuals who work
with parents), local educational agencies and schools
receiving assistance under this part shall assist parents and
parent organizations by informing such parents and
organizations of the existence and purpose of such centers,
providing such parents and organizations with a description
of the services and programs provided by such centers,
advising parents on how to use such centers, and helping
parents to contact such centers.
``SEC. 1119. PROFESSIONAL DEVELOPMENT.
``(a) Program Requirements.--
``(1) In general.--Each local educational agency receiving
assistance under this part shall provide high-quality
professional development that will improve the teaching of
the academic subjects, consistent with the State content
standards, in order to enable all children to meet the
State's student performance standards.
``(2) Program design.--Such professional development
activities shall be designed by principals, teachers, and
other school staff in schools receiving assistance under this
part.
``(b) Professional Development Activities.--
``(1) Required activities.--Such professional development
activities shall--
``(A) support instructional practices that are geared to
challenging State content standards and create a school
environment conducive to high achievement in the academic
subjects;
``(B) support local educational agency plans under section
1112 and school plans under section 1114;
``(C) draw on resources available under this part, title
III of the Goals 2000: Educate America Act, title II of this
Act, and from other sources;
``(D) where appropriate, as determined by the local
educational agency, include strategies for developing
curricula and teaching methods that integrate academic and
vocational instruction (including applied learning and team
teaching strategies); and
``(E) include strategies for identifying and eliminating
gender and racial bias in instructional materials, methods,
and practices.
``(2) Optional activities.--Such professional development
activities may include--
``(A) instruction in the use of assessments;
``(B) instruction in ways that teachers, principals, pupil
services personnel, and school administrators may work more
effectively with parents;
``(C) the forming of partnerships with institutions of
higher education to establish school-based teacher training
programs that provide prospective teachers and novice
teachers with an opportunity to work under the guidance of
experienced teachers and college faculty;
``(D) instruction in the use of technology;
``(E) the creation of career ladder programs for
paraprofessionals (assisting teachers under this part) to
obtain the education necessary for such paraprofessionals to
become licensed and certified teachers;
``(F) instruction in ways to teach special needs children;
``(G) instruction in gender-equitable education methods,
techniques, and practices;
``(H) joint professional development activities involving
programs under this part, Head Start, Even Start, or State-
run preschool program personnel; and
``(I) instruction in experiential-based teaching methods
such as service learning.
``(c) Program Participation.--Each local educational agency
receiving assistance under this part is encouraged to design
professional development programs so that--
``(1) all school staff in schools participating in a
schoolwide program under section 1114 can participate in
professional development activities; and
``(2) all school staff in targeted assistance schools may
participate in professional development activities if such
participation will result in better addressing the needs of
students served under this part.
``(d) Parental Participation.--Parents may participate in
professional development activities under this part if the
school determines that parental participation is appropriate.
``(e) Consortia.--In carrying out such professional
development programs, local educational agencies may provide
services through consortia arrangements with other local
educational agencies, educational service agencies or other
local consortia, institutions of higher education, or other
public or private institutions or organizations.
``(f) Effective Teaching Strategies.--Knowledge of
effective teaching strategies that is gained through
professional development activities under this section may be
shared with teachers who are not participating in targeted
assistance programs under this part.
``(g) Combinations of Funds.--Funds provided under this
part that are used for professional development purposes may
be combined with funds provided under title II of this Act,
title III of the Goals 2000: Educate America Act, and other
sources.
``(h) State Review.--
``(1) In general.--The State educational agency shall
review the local educational agency's plan under section
1112(b) to determine if such agency's professional
development activities--
``(A) are tied to challenging State student content and
student performance standards;
``(B) reflect research on teaching and learning where
possible;
``(C) are designed to have a positive impact on the
teacher's performance in the classroom;
``(D) contribute to continuous improvement in the classroom
or throughout the school;
``(E) include methods to teach children with special needs;
``(F) are developed with the extensive participation of
teachers; and
``(G) include gender-equitable education methods,
techniques, and practices.
``(2) Technical assistance.--If a local educational
agency's plan for professional development does not include
the activities described in paragraph (1), the State
educational agency shall provide technical assistance to such
local educational agencies to enable such agencies to make
progress toward inclusion of such activities in the local
[[Page 2104]]
educational agency's professional development activities.
``(3) Special rule.--No State educational agency shall
require a school or a local educational agency to expend a
specific amount of funds for professional development
activities under this part, except that this paragraph shall
not apply with respect to requirements under section
1116(d)(6).
``(i) Instructional Aides.--
``(1) In general.--If a local educational agency uses funds
received under this part to employ instructional aides, the
local educational agency shall ensure that such aides--
``(A) possess the knowledge and skills sufficient to assist
participating children in meeting the educational goals of
this part;
``(B)(i) have a secondary school diploma, or its recognized
equivalent, or earn either within two years of employment,
except that a local educational agency may employ an
instructional aide that does not meet the requirement of this
subparagraph if such aide possesses proficiency in a language
other than English that is needed to enhance the
participation of children in programs under this part; and
``(C) are under the direct supervision of a teacher who has
primary responsibility for providing instructional services
to eligible children.
``(2) Inclusion in activities.--Each local educational
agency receiving funds under this part, when feasible, shall
include instructional aides in professional development
activities.
``SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE
SCHOOLS.
``(a) General Requirement.--
``(1) In general.--To the extent consistent with the number
of eligible children identified under section 1115(b) in a
local educational agency who are enrolled in private
elementary and secondary schools, a local educational agency
shall, after timely and meaningful consultation with
appropriate private school officials, provide such children,
on an equitable basis, special educational services or other
benefits under this part (such as dual enrollment,
educational radio and television, computer equipment and
materials, other technology, and mobile educational services
and equipment).
``(2) Secular, neutral, nonideological.--Such educational
services or other benefits, including materials and
equipment, shall be secular, neutral, and nonideological.
``(3) Equity.--Educational services and other benefits for
such private school children shall be equitable in comparison
to services and other benefits for public school children
participating under this part.
``(4) Expenditures.--Expenditures for educational services
and other benefits to eligible private school children shall
be equal to the proportion of funds allocated to
participating school attendance areas based on the number of
children from low-income families who attend private schools.
``(5) Provision of services.--The local educational agency
may provide such services directly or through contracts with
public and private agencies, organizations, and institutions.
``(b) Consultation.--
``(1) In general.--To ensure timely and meaningful
consultation, a local educational agency shall consult with
appropriate private school officials during the design and
development of such agency's programs under this part, on
issues such as--
``(A) how the children's needs will be identified;
``(B) what services will be offered;
``(C) how and where the services will be provided;
``(D) how the services will be assessed; and
``(E) the size and scope of the equitable services to be
provided to the eligible private school children, and what is
the proportion of funds allocated under subsection (a)(4) for
such services.
``(2) Timing.--Such consultation shall occur before the
local educational agency makes any decision that affects the
opportunities of eligible private school children to
participate in programs under this part.
``(3) Discussion.--Such consultation shall include a
discussion of service delivery mechanisms a local educational
agency can use to provide equitable services to eligible
private school children.
``(c) Public Control of Funds.--
``(1) In general.--The control of funds provided under this
part, and title to materials, equipment, and property
purchased with such funds, shall be in a public agency, and a
public agency shall administer such funds and property.
``(2) Provision of services.--(A) The provision of services
under this section shall be provided--
``(i) by employees of a public agency; or
``(ii) through contract by such public agency with an
individual, association, agency, or organization.
``(B) In the provision of such services, such employee,
person, association, agency, or organization shall be
independent of such private school and of any religious
organization, and such employment or contract shall be under
the control and supervision of such public agency.
``(d) Standards for a Bypass.--If a local educational
agency is prohibited by law from providing for the
participation on an equitable basis of eligible children
enrolled in private elementary and secondary schools or if
the Secretary determines that a local educational agency has
substantially failed or is unwilling to provide for such
participation, as required by this section, the Secretary
shall--
``(1) waive the requirements of this section for such local
educational agency; and
``(2) arrange for the provision of services to such
children through arrangements that shall be subject to the
requirements of this section and sections 14505 and 14506.
``(e) Capital Expenses.--
``(1) In general.--(A) From the amount appropriated for
this subsection under section 1002(e) for any fiscal year,
each State is eligible to receive an amount that bears the
same ratio to the amount so appropriated as the number of
private school children who received services under this part
in the State in the most recent year for which data
satisfactory to the Secretary are available bears to the
number of such children in all States in that same year.
``(B) The Secretary shall reallocate any amounts allocated
under subparagraph (A) that are not used by a State for the
purpose of this subsection to other States on the basis of
their respective needs, as determined by the Secretary.
``(2) Capital expenses.--(A) A local educational agency may
apply to the State educational agency for payments for
capital expenses consistent with this subsection.
``(B) State educational agencies shall distribute such
funds under this subsection to local educational agencies
based on the degree of need set forth in their respective
applications for assistance under this subsection.
``(3) Uses of funds.--Any funds appropriated to carry out
this subsection shall be used only for capital expenses
incurred to provide equitable services for private school
children under this section.
``(4) Definition.--For the purpose of this subsection, the
term `capital expenses' means--
``(A) expenditures for noninstructional goods and services,
such as the purchase, lease, or renovation of real and
personal property, including mobile educational units and
leasing of neutral sites or spaces;
``(B) insurance and maintenance costs;
``(C) transportation; and
``(D) other comparable goods and services.
``SEC. 1120A. FISCAL REQUIREMENTS.
``(a) Maintenance of Effort.--A local educational agency
may receive funds under this part for any fiscal year only if
the State educational agency finds that the local educational
agency has maintained its fiscal effort in accordance with
section 14501 of this Act.
``(b) Federal Funds To Supplement, Not Supplant, Non-
Federal Funds.--
``(1) In general.--(A) Except as provided in subparagraph
(B), a State or local educational agency shall use funds
received under this part only to supplement the amount of
funds that would, in the absence of such Federal funds, be
made available from non-Federal sources for the education of
pupils participating in programs assisted under this part,
and not to supplant such funds.
``(B) For the purpose of complying with subparagraph (A), a
State or local educational agency may exclude supplemental
State and local funds expended in any eligible school
attendance area or school for programs that meet the
requirements of section 1114 or 1115.
``(2) Special rule.--No local educational agency shall be
required to provide services under this part through a
particular instructional method or in a particular
instructional setting in order to demonstrate such agency's
compliance with paragraph (1).
``(c) Comparability of Services.--
``(1) In general.--(A) Except as provided in paragraphs (4)
and (5), a local educational agency may receive funds under
this part only if State and local funds will be used in
schools served under this part to provide services that,
taken as a whole, are at least comparable to services in
schools that are not receiving funds under this part.
``(B) If the local educational agency is serving all of
such agency's schools under this part, such agency may
receive funds under this part only if such agency will use
State and local funds to provide services that, taken as a
whole, are substantially comparable in each school.
``(C) A local educational agency may meet the requirements
of subparagraphs (A) and (B) on a grade-span by grade-span
basis or a school-by-school basis.
``(2) Written assurance.--(A) A local educational agency
shall be considered to have met the requirements of paragraph
(1) if such agency has filed with the State educational
agency a written assurance that such agency has established
and implemented--
``(i) a local educational agency-wide salary schedule;
``(ii) a policy to ensure equivalence among schools in
teachers, administrators, and other staff; and
``(iii) a policy to ensure equivalence among schools in the
provision of curriculum materials and instructional supplies.
``(B) For the purpose of subparagraph (A), in the
determination of expenditures per pupil from State and local
funds, or instructional salaries per pupil from State and
local funds, staff salary differentials for years of
employment shall not be included in such determinations.
``(C) A local educational agency need not include
unpredictable changes in student enrollment or personnel
assignments that occur after the beginning of a school year
in determining comparability of services under this
subsection.
[[Page 2105]]
``(3) Procedures and records.--Each local educational
agency assisted under this part shall--
``(A) develop procedures for compliance with this
subsection; and
``(B) maintain records that are updated biennially
documenting such agency's compliance with this subsection.
``(4) Inapplicability.--This subsection shall not apply to
a local educational agency that does not have more than one
building for each grade span.
``(5) Compliance.--For the purpose of determining
compliance with paragraph (1), a local educational agency may
exclude State and local funds expended for--
``(A) bilingual education for children of limited English
proficiency; and
``(B) excess costs of providing services to children with
disabilities as determined by the local educational agency.
``SEC. 1120B. COORDINATION REQUIREMENTS.
``(a) In General.--Each local educational agency receiving
assistance under this part shall carry out the activities
described in subsection (b) to the extent feasible and
appropriate to the circumstances, including the extent to
which such local educational agency is able to secure the
cooperation of parents and local Head Start agencies and, if
feasible, other early childhood development programs.
``(b) Activities.--The activities referred to in subsection
(a) are activities that increase coordination between the
local educational agency and a Head Start agency, and, if
feasible, other early childhood development programs, serving
children who will attend the schools of such agency,
including--
``(1) developing and implementing a systematic procedure
for receiving records regarding such children transferred
with parental consent from a Head Start program or, where
applicable, other early childhood development programs;
``(2) establishing channels of communication between school
staff and their counterparts in such Head Start agencies
(including teachers, social workers, and health staff) or
other early childhood development programs, as appropriate,
to facilitate coordination of programs;
``(3) conducting meetings involving parents, kindergarten
or elementary school teachers, and Head Start teachers or, if
appropriate, teachers from other early childhood development
programs, to discuss the developmental and other needs of
individual children; and
``(4) organizing and participating in joint transition
related training of school staff, Head Start staff, and,
where appropriate, other early childhood staff.
``(c) Coordination of Regulations.--The Secretary shall
work with the Secretary of Health and Human Services to
coordinate regulations promulgated under this part with
regulations promulgated under the Head Start Act Amendments
of 1994.
``Subpart 2--Allocations
``SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY
OF THE INTERIOR.
``(a) Reservation of Funds.--From the amount appropriated
for payments to States for any fiscal year under section
1002(a), the Secretary shall reserve a total of 1 percent to
provide assistance to--
``(1) the outlying areas on the basis of their respective
need for such assistance according to such criteria as the
Secretary determines will best carry out the purpose of this
part; and
``(2) the Secretary of the Interior in the amount necessary
to make payments pursuant to subsection (c).
``(b) Assistance to the Outlying Areas.--
``(1) In general.--From amounts made available under
subsection (a) in each fiscal year the Secretary shall make
grants to local educational agencies in the outlying areas
(other than the outlying areas assisted under paragraph (3)).
``(2) Competitive grants.--(A) The Secretary shall reserve
$5,000,000 from the amounts made available under subsection
(a) in each fiscal year to award grants on a competitive
basis, to local educational agencies in the Federated States
of Micronesia, the Republic of the Marshall Islands, and the
Republic of Palau. The Secretary shall award such grants
according to the recommendations of the Pacific Region
Educational Laboratory which shall conduct a competition for
such grants.
``(B) Except as provided in subparagraph (D), grant funds
awarded under this part only may be used for programs
described in this Act, including teacher training, curriculum
development, instructional materials, or general school
improvement and reform.
``(C) Grant funds awarded under this paragraph only may be
used to provide direct educational services.
``(D) The Secretary may provide 5 percent of the amount
made available for grants under this paragraph to pay the
administrative costs of the Pacific Region Educational
Laboratory regarding activities assisted under this
paragraph.
``(c) Allotment to the Secretary of the Interior.--
``(1) In general.--The amount allotted for payments to the
Secretary of the Interior under subsection (a)(2) for any
fiscal year shall be, as determined pursuant to criteria
established by the Secretary, the amount necessary to meet
the special educational needs of--
``(A) Indian children on reservations served by elementary
and secondary schools for Indian children operated or
supported by the Department of the Interior; and
``(B) out-of-State Indian children in elementary and
secondary schools in local educational agencies under special
contracts with the Department of the Interior.
``(2) Payments.--From the amount allotted for payments to
the Secretary of the Interior under subsection (a)(2), the
Secretary of the Interior shall make payments to local
educational agencies, upon such terms as the Secretary
determines will best carry out the purposes of this part,
with respect to out-of-State Indian children described in
paragraph (1). The amount of such payment may not exceed, for
each such child, the greater of--
``(A) 40 percent of the average per pupil expenditure in
the State in which the agency is located; or
``(B) 48 percent of such expenditure in the United States.
``SEC. 1122. ALLOCATIONS TO STATES.
``(a) In General.--
``(1) Fiscal year 1995.--For fiscal year 1995,
appropriations for this part shall be allocated according to
the provisions of sections 1005, except subsection (a)(3),
and 1006, part A of chapter 1 of title I, Elementary and
Secondary Education Act of 1965, as in effect on September
30, 1994, except that the State minimum for section 1005
shall be the lesser of 0.25 percent of total appropriations
or the average of 0.25 percent of total appropriations and
150 percent of the national average grant per child counted
for grants under section 1005 multiplied by the State's
number of children counted for such grants, and for grants
under section 1006, the State minimum shall be the lesser
of--
``(A) 0.25 percent of total appropriations; and
``(B) the average of--
``(i) 0.25 percent of total appropriations; and
``(ii) the greater of 150 percent of the national average
grant per child counted for grants under such section 1006
multiplied by the State total number of such children, or
$340,000.
``(2) Succeeding fiscal years.--For fiscal years 1996
through 1999, an amount of the appropriations for this part
equal to the appropriation for fiscal year 1995 for section
1005, shall be allocated in accordance with section 1124, and
an amount equal to the appropriation for fiscal year 1995 for
section 1006 shall be allocated in accordance with section
1124A. Any additional appropriations under section 1002(a)
for any fiscal year, after application of the preceding
sentence, shall be allocated in accordance with section 1125.
``(b) Adjustments Where Necessitated by Appropriations.--
``(1) In general.--If the sums available under this part
for any fiscal year are insufficient to pay the full amounts
that all local educational agencies in States are eligible to
receive under sections 1124, 1124A, and 1125 for such year,
the Secretary shall ratably reduce the allocations to such
local educational agencies, subject to subsections (c) and
(d) of this section.
``(2) Additional funds.--If additional funds become
available for making payments under sections 1124, 1124A, and
1125 for such fiscal year, allocations that were reduced
under paragraph (1) shall be increased on the same basis as
they were reduced.
``(c) Hold-Harmless Amounts.--
``(1) In general.--For fiscal year 1995, notwithstanding
subsection (b) and without regard to amounts available for
delinquent children under subpart 2 of part D, the amount
made available to each local educational agency under such
section 1005 shall be at least 85 percent of the amount such
local educational agency received for the preceding year
under such section 1005.
``(2) Fiscal year 1996.--Notwithstanding subsection (b) and
without regard to amounts available for delinquent children
under subpart 2 of part D, for fiscal year 1996 the total
amount made available to each local educational agency under
each of sections 1124 and 1124A for any fiscal year shall be
at least 100 percent of the total amount such local
educational agency was allocated under such sections (or
their predecessor authorities) for the preceding fiscal year.
``(3) Fiscal year 1997-1999.--For fiscal years 1997 through
1999, notwithstanding subsection (b) and without regard to
amounts available for delinquent children under subpart 2 of
part D, the amount made available to each local educational
agency under each of sections 1124 and 1125 shall be at least
95 percent of the previous year's amount if the number of
children counted for grants under section 1124 is at least 30
percent of the total number of children aged 5 to 17 years,
inclusive, in the local educational agency, 90 percent of the
previous year amount if this percentage is between 15 percent
and 30 percent, and 85 percent if this percentage is below 15
percent. For fiscal years 1997 and 1998, in calculating
grants on the basis of population data for counties, the
Secretary shall apply the hold-homeless percentages in the
preceding sentence to counties. For fiscal years 1996 through
1998, if the Secretary's allocation for a county is not
sufficient to meet the hold-harmless requirements of this
paragraph for every local educational agency within that
county, then the State educational agency shall reallocate
funds proportionately from all other local educational
agencies in the State that are receiving funds in excess of
the hold-harmless amounts specified in this paragraph.
``(d) Ratable Reductions.--
``(1) In general.--If the sums made available under this
part for any fiscal year are insufficient to pay the full
amounts that all States are eligible to receive under sub-
[[Page 2106]]
section (a) for such year, the Secretary shall ratably reduce
such amounts for such year.
``(2) Additional funds.--If additional funds become
available for making payments under subsection (a) for such
fiscal year, amounts that were reduced under paragraph (1)
shall be increased on the same basis as such amounts reduced.
``(e) Definition.--For the purpose of this section and
sections 1124 and 1125, the term State means each of the 50
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
``SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) Amount of Grants.--
``(1) Grants for local educational agencies and puerto
rico.--The grant which a local educational agency in a State
is eligible to receive under this subpart for a fiscal year
shall (except as provided in section 1126), be determined by
multiplying the number of children counted under subsection
(c) by 40 percent of the amount determined under the next
sentence. The amount determined under this sentence shall be
the average per pupil expenditure in the State except that--
``(A) if the average per pupil expenditure in the State is
less than 80 percent of the average per pupil expenditure in
the United States, such amount shall be 80 percent of the
average per pupil expenditure in the United States; or
``(B) if the average per pupil expenditure in the State is
more than 120 percent of the average per pupil expenditure in
the United States, such amount shall be 120 percent of the
average per pupil expenditure in the United States.
``(2) Basis for calculating grants.--For fiscal years 1995
through 1998, grants shall be calculated by the Secretary on
the basis of the number of children counted under subsection
(c) for counties, and State educational agencies shall
suballocate county amounts to local educational agencies, in
accordance with regulations published by the Secretary. In
any State in which a large number of local educational
agencies overlap county boundaries, the State educational
agency may apply to the Secretary for authority during any
particular fiscal year to make the allocations under this
part (other than section 1124A) directly to local educational
agencies without regard to the counties. If the Secretary
approves an application of a State educational agency for a
particular year under this subparagraph, the State
educational agency shall provide assurances that--
``(A) such allocations will be made using precisely the
same factors for determining a grant as are used under this
part;
``(B) such allocations will be made using alternative data
approved by the Secretary that the State determines best
reflects the distribution of children in poor families and is
adjusted to be equivalent in proportion to the number of
children determined in accordance with subsection (c); or
``(C) such allocations will be made using data that the
State educational agency submits to the Secretary for
approval that more accurately target poverty.
In addition, the State educational agency shall provide
assurances that a procedure will be established through which
local educational agencies dissatisfied with the
determinations made by the State educational agency may
appeal directly to the Secretary for a final determination.
Beginning in fiscal year 1999, grants shall be calculated by
the Secretary on the basis of population data compiled for
local educational agencies, unless the Secretary and the
Secretary of Commerce determine that use of the updated
population data would be inappropriate or unreliable taking
into consideration the recommendations of the study to be
conducted by the National Academy of Sciences. If the
Secretary and the Secretary and the Secretary of Commerce
determine that some or all of the data referred to in this
paragraph are inappropriate or unreliable, the Secretaries
shall jointly issue a report setting forth their reasons in
detail. In years when grants are calculated by the Secretary
on the basis of local educational agency data, for each local
educational agency serving an area with a total population of
at least 20,000 persons, the grant under this section shall
be the amount determined by the Secretary. For local
educational agencies serving areas with total populations of
fewer than 20,000 persons, the State educational agency may
either--
``(i) distribute to such local educational agencies grants
under this section equal to the amounts determined by the
Secretary; and
``(ii) use an alternative method, approved by the
Secretary, to distribute the share of the State's total
grants under this section that is based on local educational
agencies with total populations of fewer than 20,000 persons.
Such an alternative method of distributing grants under this
section among a State's local educational agencies serving
areas with total populations of fewer than 20,000 persons
shall be based upon population data that the State
educational agency determines best reflect the current
distribution of children in poor families among the State's
local educational agencies serving areas with total
populations of fewer than 20,000 persons. If a local
educational agency serving an area with total population of
less than 20,000 persons is dissatisfied with the
determination of its grant by the State education agency,
then such local educational agency may appeal this
determination to the Secretary. The Secretary must respond to
this appeal within 45 days of receipt.
``(3) Puerto rico.--For each fiscal year, the Secretary
shall determine the percentage which the average per pupil
expenditure in the Commonwealth of Puerto Rico is of the
lowest average per pupil expenditure of any of the 50 States.
The grant which the Commonwealth of Puerto Rico shall be
eligible to receive under this section for a fiscal year
shall be the amount arrived at by multiplying the number of
children counted under subsection (c) for the Commonwealth of
Puerto Rico by the product of--
``(A) the percentage determined under the preceding
sentence; and
``(B) 32 percent of the average per pupil expenditure in
the United States.
``(4) Definition.--For purposes of this subsection, the
term `State' does not include Guam, American Samoa, the
Virgin Islands, the Northern Mariana Islands, and Palau.
``(b) Minimum Number of Children To Qualify.--Subject to
the succeeding sentence, a local educational agency shall be
eligible for a basic grant for a fiscal year under this
subpart only if the number of children counted under
subsection (c) in the school district of such local
educational agency is at least 10. Beginning in fiscal year
1996, no local educational agency shall be eligible for a
grant under this section if the number of children counted
for grants under this section is equal to 2 percent or less
of the total school age population in the local educational
agency. For fiscal years 1996 through 1998, grants not made
as a result of applying the preceding sentence shall be
reallocated by the State educational agency to other eligible
local educational agencies in the State in proportion to the
distribution of other funds under this section.
``(c) Children To Be Counted.--
``(1) Categories of children.--The number of children to be
counted for purposes of this section is the aggregate of--
``(A) the number of children aged 5 to 17, inclusive, in
the school district of the local educational agency from
families below the poverty level as determined under
paragraph (2);
``(B) the number of children aged 5 to 17, inclusive, in
the school district of such agency from families above the
poverty level as determined under paragraph (5); and
``(C) the number of children aged 5 to 17, inclusive, in
the school district of such agency in institutions for
neglected and delinquent children (other than such
institutions operated by the United States), but not counted
pursuant to subpart 1 of part D for the purposes of a grant
to a State agency, or being supported in foster homes with
public funds.
``(2) Determination of number of children.--For the
purposes of this section, the Secretary shall determine the
number of children aged 5 to 17, inclusive, from families
below the poverty level on the basis of the most recent
satisfactory data, described in paragraph (3), available from
the Department of Commerce. For fiscal year 1999 and beyond,
the District of Columbia and the Commonwealth of Puerto Rico
shall be treated as individual local educational agencies. If
a local educational agency contains two or more counties in
their entirety, then each county will be treated as if such
county were a separate local educational agency for purposes
of calculating grants under this part. The total of grants
for such counties shall be allocated to such a local
educational agency, which local educational agency shall
distribute to schools in each county within such agency a
share of the local educational agency's total grant that is
no less than the county's share of the population counts used
to calculate the local educational agency's grant.
``(3) Population updates.--In fiscal year 1997 and every 2
years thereafter, the Secretary shall use updated data on the
number of children, aged 5 to 17, inclusive, from families
below the poverty level for counties or local educational
agencies, published by the Department of Commerce, unless the
Secretary and the Secretary of Commerce determine that use of
the updated population data would be inappropriate or
unreliable, taking into consideration the recommendations of
the study to be conducted by the National Academy of
Sciences. If the Secretary and the Secretary of Commerce
determine that some or all of the data referred to in this
paragraph are inappropriate or unreliable, they shall jointly
issue a report setting forth their reasons in detail. In
determining the families which are below the poverty level,
the Secretary shall utilize the criteria of poverty used by
the Bureau of the Census in compiling the most recent
decennial census, in such form as those criteria have been
updated by increases in the Consumer Price Index for all
urban consumers, published by the Bureau of Labor Statistics.
``(4) Study.--(A) The Secretary of Education shall, within
30 days after the date of enactment of the Improving
America's School's Act of 1994, contract with the National
Academy of Sciences (hereafter in this section referred to as
the `Academy') to study the program to produce intercensal
poverty data for small geographic areas and certain age
cohorts being developed by the Bureau of the Census.
``(B) In conducting its study, the Academy shall consider
such matters as--
``(i) the methodology used to produce and publish
intercensal poverty data, and possible alternative methods to
improve the usefulness of the data for Federal program
purposes;
[[Page 2107]]
``(ii) the availability of alternative indicators of
poverty for small geographic areas, against which the poverty
data produced and published by the Bureau of the Census could
be compared;
``(iii) the reliability of the poverty data produced and
published by the Bureau of the Census, particularly for less
populous geographic areas;
``(iv) the reliability of intercensal poverty data produced
and published by the Bureau of the Census, as compared over
time to similar data produced by the Bureau of the Census
during the most recent decennial census; and
``(v) the usefulness of poverty data produced and published
by the Bureau of the Census for Federal programs that
allocate funds to State and sub-State areas based, in whole
or in part, on such data.
``(C) The Academy shall submit to the Secretary and the
Secretary of Commerce, as well as to the Committee on
Education and Labor and the Committee on Post Office and
Civil Service of the House of Representatives and the
Committee on Labor and Human Resources and the Committee on
Governmental Affairs of the Senate--
``(i) not later than 18 months after the date on which a
contract is entered into under subsection (a), and not later
than every 18 months thereafter, such interim reports on the
Academy's activities under this Act that the Academy deems
appropriate, including a detailed statement of the Academy's
findings and conclusions with respect to any poverty data
which the Bureau of the Census publishes and produces, within
90 days of such publication; and
``(ii) not later than December 31, 1998, a final report
which shall include a more detailed statement of the
Academy's findings and conclusions with respect to the use of
any intercensal poverty data produced and published by the
Bureau of the Census as the basis for allocating Federal
funds under this Act.
``(D) Of the funds appropriated under section 1002(f) of
this Act, the Secretary shall use such sums as are necessary
in each of fiscal years 1995, 1996, 1997, 1998, and 1999 to
carry out the provisions of this paragraph.
``(5) Other children to be counted.--For purposes of this
section, the Secretary shall determine the number of children
aged 5 to 17, inclusive, from families above the poverty
level on the basis of the number of such children from
families receiving an annual income, in excess of the current
criteria of poverty, from payments under the program of aid
to families with dependent children under a State plan
approved under title IV of the Social Security Act; and in
making such determinations the Secretary shall utilize the
criteria of poverty used by the Bureau of the Census in
compiling the most recent decennial census for a family of 4
in such form as those criteria have been updated by increases
in the Consumer Price Index for all urban consumers,
published by the Bureau of Labor Statistics. The Secretary
shall determine the number of such children and the number of
children of such ages living in institutions for neglected or
delinquent children, or being supported in foster homes with
public funds, on the basis of the caseload data for the month
of October of the preceding fiscal year (using, in the case
of children described in the preceding sentence, the criteria
of poverty and the form of such criteria required by such
sentence which were determined for the calendar year
preceding such month of October) or, to the extent that such
data are not available to the Secretary before January of the
calendar year in which the Secretary's determination is made,
then on the basis of the most recent reliable data available
to the Secretary at the time of such determination. The Sec-
retary of Health and Human Services shall collect and
transmit the information required by this subparagraph to the
Secretary not later than January 1 of each year.
``(6) Estimate.--When requested by the Secretary, the
Secretary of Commerce shall make a special updated estimate
of the number of children of such ages who are from families
below the poverty level (as determined under subparagraph (A)
of this paragraph) in each school district, and the Secretary
is authorized to pay (either in advance or by way of
reimbursement) the Secretary of Commerce the cost of making
this special estimate. The Secretary of Commerce shall give
consideration to any request of the chief executive of a
State for the collection of additional census information.
For purposes of this section, the Secretary shall consider
all children who are in correctional institutions to be
living in institutions for delinquent children.
``(d) State Minimum.--Notwithstanding subsections (b)(1) or
(d) of section 1122, the aggregate amount allotted for all
local educational agencies within a State may not be less
than the lesser of--
``(1) 0.25 percent of total grants under this section; or
``(2) the average of--
``(A) one-quarter of 1 percent of the total amount
available for such fiscal year under this section; and
``(B) the number of children in such State counted under
subsection (c) in the fiscal year multiplied by 150 percent
of the national average per pupil payment made with funds
available under this section for that year.
``SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDUCATIONAL
AGENCIES.
``(a) Eligibility for and Amount of Grants.--
``(1) In general.--(A) Except as otherwise provided in this
paragraph, each local educational agency, in a State other
than Guam, American Samoa, the Virgin Islands, the
Commonwealth of the Northern Mariana Islands, and Palau,
which is eligible for a grant under this part for any fiscal
year shall be eligible for an additional grant under this
section for that fiscal year if--
``(i) the number of children counted under section 1124(c)
in the county (for fiscal years 1996 through 1998), or local
educational agency (for fiscal years beginning with 1999) for
the fiscal year exceeds 6,500; or
``(ii) the number of children counted under section 1124(c)
exceeds 15 percent of the total number of children aged 5 to
17, inclusive, in the county (for fiscal years 1996 through
1998), or local educational agency (for fiscal years
beginning with 1999) in that fiscal year.
``(B) Notwithstanding such subsections (b)(1) and (d) of
section 1122, no State described in subparagraph (A) shall
receive less than the lesser of--
``(i) 0.25 percent of total grants; or
``(ii) the average of--
``(I) one-quarter of 1 percent of the sums available to
carry out this section for such fiscal year; and
``(II) the greater of--
``(aa) $340,000; or
``(bb) the number of children in such State counted for
purposes of this section in that fiscal year multiplied by
150 percent of the national average per pupil payment made
with funds available under this section for that year.
``(2) Special rule.--For each county or local educational
agency eligible to receive an additional grant under this
section for any fiscal year the Secretary shall determine the
product of--
``(A) the number of children counted under section 1124(c)
for that fiscal year; and
``(B) the quotient resulting from the division of the
amount determined for those agencies under section 1124(a)(1)
for the fiscal year for which the determination is being made
divided by the total number of children counted under section
1124(c) for that agency for fiscal year.
``(3) Amount.--The amount of the additional grant for which
an eligible local educational agency or county is eligible
under this section for any fiscal year shall be an amount
which bears the same ratio to the amount available to carry
out this section for that fiscal year as the product
determined under paragraph (2) for such local educational
agency for that fiscal year bears to the sum of such products
for all local educational agencies in the United States for
that fiscal year.
``(4) Suballocation.--For fiscal years 1996 through 1998,
county amounts shall be suballocated to local educational
agencies meeting the criteria of paragraph (1)(A) by State
educational agencies, in accordance with regulations
published by the Secretary. For fiscal years 1995 through
1998, grants shall be calculated by the Secretary on the
basis of the number of children counted under section 1124(c)
for counties, and State educational agencies shall
suballocate county amounts to local educational agencies, in
accordance with regulations published by the Secretary. In
any State in which a large number of local educational
agencies overlap county boundaries, the State educational
agency may apply to the Secretary for authority during any
particular fiscal year to make the allocations under this
part (other than this section) directly to local educational
agencies without regard to the counties. If the Secretary
approves an application of a State educational agency for a
particular year under this paragraph, the State educational
agency shall provide assurances that--
``(A) such allocations will be made using precisely the
same factors for determining a grant as are used under this
part;
``(B) such allocations will be made using alternative data
approved by the Secretary that the State determines best
reflects the distribution of children in poor families and is
adjusted to be equivalent in proportion to the number of
children determined in accordance with section 1124(c); or
``(C) such allocations will be made using data that the
State educational agency submits to the Secretary for
approval that more accurately target poverty.
In addition, the State educational agency shall provide
assurances that a procedure will be established through which
local educational agencies dissatisfied with the
determinations made by the State educational agency may
appeal directly to the Secretary for a final determination. A
State may reserve not more than 2 percent of its allocations
in fiscal years 1996 through 1998 under this section for the
purpose of making grants to local educational agencies that
meet the criteria of clause (i) or (ii) of paragraph (1)(A),
but are in ineligible counties. For fiscal years beginning
with 1999, for each local educational agency serving an area
with a total population of at least 20,000 persons, the grant
under this section shall be the amount determined by the
Secretary. For local educational agencies serving areas with
total populations of fewer than 20,000 persons, the State
educational agency may either (i) distribute to such local
educational agencies grants under this section equal to the
amounts determined by the Secretary; or (ii) use an
alternative method, approved by the Secretary, to distribute
the share of the State's total grants under this section that
is based on local educational agencies with total populations
of fewer than 20,000 per-
[[Page 2108]]
sons. Such an alternative method of distributing grants under
this section among a State's local educational agencies
serving areas with total populations of fewer than 20,000
persons shall be based upon population data that the State
educational agency determines best reflects the current
distribution of children in poor families among the State's
local educational agencies serving areas with total
populations of fewer than 20,000 persons and meeting the
eligibility criteria of paragraph (1)(A). If a local
educational agency serving an area with total population of
less than 20,000 persons is dissatisfied with the
determination of its grant by the State educational agency,
then such local educational agency may appeal this
determination to the Secretary. The Secretary shall respond
to this appeal within 45 days of receipt. The Secretary shall
consult with the Secretary of Commerce regarding whether
available data on population for local educational agencies
serving areas with total populations of fewer than 20,000
persons are sufficiently reliable to be used to determine
final grants to such areas meeting the eligibility criteria
of paragraph (1)(A).
``(b) Reservation of Funds.--Of the total amount of funds
available for this section and sections 1124 and 1125, an
amount equal to the appropriation for fiscal year 1995 for
section 1006 of this Act (as such section was in effect on
the day preceding the date of enactment of this Act) shall be
available to carry out this section.
``(c) Ratable Reduction Rule.--If the sums available under
subsection (b) for any fiscal year for making payments under
this section are not sufficient to pay in full the total
amounts which all States are eligible to receive under
subsection (a) for such fiscal year, the maximum amounts
which all States are eligible to receive under subsection (a)
for such fiscal year shall be ratably reduced. In the case
that additional funds become available for making such
payments for any fiscal year during which the preceding
sentence is applicable, such reduced amounts shall be
increased on the same basis as they were reduced.
``(d) States Receiving Minimum Grants.--In States that
receive the minimum grant under subsection (a)(1)(B), the
State educational agency shall allocate such funds among the
local educational agencies in each State either--
``(1) in accordance with paragraphs (2) and (4) of
subsection (a); or
``(2) based on their respective concentrations and numbers
of children counted under section 1124(c), except that only
those local educational agencies with concentrations or
numbers of children counted under section 1124(c) that exceed
the statewide average percentage of such children or the
statewide average number of such children shall receive any
funds on the basis of this paragraph.
``SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) Eligibility of Local Educational Agencies.--A local
educational agency in a State is eligible to receive a
targeted grant under this section for any fiscal year if the
number of children in the local educational agency counted
under subsection 1124(c), before application of the weighting
factor described in subsection (c), is at least 10, and if
the number of children counted for grants under section 1124
is at least 5 percent of the total population aged 5 to 17
years, inclusive, in the local educational agency. Funds made
available as a result of applying this subsection shall be
reallocated by the State educational agency to other eligible
local educational agencies in the State in proportion to the
distribution of other funds under this section.
``(b) Grants for Local Educational Agencies, the District
of Columbia, and Puerto Rico.--
``(1) In general.--The amount of the grant that a local
educational agency in a State or that the District of
Columbia is eligible to receive under this section for any
fiscal year shall be the product of--
``(A) the weighted child count determined under subsection
(c); and
``(B) the amount in the second sentence of subparagraph
1124(a)(1)(A).
``(2) Puerto rico.--For each fiscal year, the amount of the
grant for which the Commonwealth of Puerto Rico is eligible
under this section shall be equal to the number of children
counted under subsection (c) for Puerto Rico, multiplied by
the amount determined in subparagraph 1124(a)(3).
``(c) Weighted Child Count.--
``(1) Fiscal years 1966-1998.--
``(A) In general.--The weighted child count used to
determine a county's allocation under this section is the
larger of the two amounts determined under clauses (i) or
(ii), as follows:
``(i) By percentage of children.--This amount is determined
by adding--
``(I) the number of children determined under section
1124(c) for that county constituting up to 12.20 percent,
inclusive, of the county's total population aged 5 to 17,
inclusive, multiplied by 1.0;
``(II) the number of such children constituting more than
12.20 percent, but not more than 17.70 percent, of such
population, multiplied by 1.75;
``(III) the number of such children constituting more than
17.70 percent, but not more than 22.80 percent, of such
population, multiplied by 2.5;
``(IV) the number of such children constituting more than
22.80 percent, but not more than 29.70 percent, of such
population, multiplied by 3.25; and
``(V) the number of such children constituting more than
29.70 percent of such population, multiplied by 4.0.
``(ii) By number of children.--This amount is determined by
adding--
``(I) the number of children determined under section
1124(c) constituting up to 1,917, inclusive, of the county's
total population aged 5 to 17, inclusive, multiplied by 1.0;
``(II) the number of such children between 1,918 and 5,938,
inclusive, in such population, multiplied by 1.5;
``(III) the number of such children between 5,939 and
20,199, inclusive, in such population, multiplied by 2.0;
``(IV) the number of such children between 20,200 and
77,999, inclusive, in such population, multiplied by 2.5; and
``(V) the number of such children in excess of 77,999 in
such population, multiplied by 3.0.
``(B) Puerto rico.--Notwithstanding subparagraph (A), the
weighting factor for Puerto Rico under this paragraph shall
not be greater than the total number of children counted
under subsection 1124(c) multiplied by 1.72.
``(2) Fiscal years after 1999.--
``(A) In general.--For each fiscal year beginning with
fiscal year 1999 for which the Secretary uses local
educational agency data, the weighted child count used to
determine a local educational agency's grant under this
section is the larger of the two amounts determined under
clauses (i) and (ii), as follows:
``(i) By percentage of children.--This amount is determined
by adding--
``(I) the number of children determined under section
1124(c) for that local educational agency constituting up to
14.265 percent, inclusive, of the agency's total population
aged 5 to 17, inclusive, multiplied by 1.0;
``(II) the number of such children constituting more than
14.265 percent, but not more than 21,553 percent, of such
population, multiplied by 1.75;
``(III) the number of such children constituting more than
21.553 percent, but not more than 29,223 percent, of such
population, multiplied by 2.5;
``(IV) the number of such children constituting more than
29,223 percent, but not more than 36.538 percent, of such
population, multiplied by 3.25; and
``(V) the number of such children constituting more than
36.538 percent of such population, multiplied by 4.0.
``(ii) By number of children.--This amount is determined by
adding--
``(I) the number of children determined under section
1124(c) constituting up to 575, inclusive, of the agency's
total population aged 5 to 17, inclusive, multiplied by 1.0;
``(II) the number of such children between 576 and 1,870,
inclusive, in such population, multiplied by 1.5;
``(III) the number of such children between 1,871 and
6,910, inclusive, in such population, multiplied by 2.0;
``(IV) the number of such children between 6,911 and
42,000, inclusive, in such population, multiplied by 2.5; and
``(V) the number of such children in excess of 42,000 in
such population, multiplied by 3.0.
``(B) Puerto rico.--Notwithstanding subparagraph (A), the
weighting factor for Puerto Rico under this paragraph shall
not be greater than the total number of children counted
under section 1124(c) multiplied by 1.72.
``(d) Local Educational Agency Allocations.--For fiscal
years 1995 through 1998, grants shall be calculated by the
Secretary on the basis of the number of children counted
under section 1124 for counties, and State educational
agencies shall suballocate county amounts to local
educational agencies, in accordance with regulations
published by the Secretary. In any State in which a large
number of local educational agencies overlap county
boundaries, the State educational agency may apply to the
Secretary for authority during any particular fiscal year to
make the allocations under this part (other than section
1124A) directly to local educational agencies without regard
to the counties. If the Secretary approves an application of
a State educational agency for a particular year under this
subparagraph, the State educational agency shall provide
assurances that--
``(1) such allocations will be made using precisely the
same factors for determining a grant as are used under this
part;
``(2) such allocations will be made using alternative data
approved by the Secretary that the State determines best
reflects the distribution of children in poor families and is
adjusted to be equivalent in proportion to the number of
children determined in accordance with section 1124(c); or
``(3) such allocations will be made using data that the
State educational agency submits to the Secretary for
approval that more accurately target poverty.
In addition, the State educational agency shall provide
assurances that a procedure will be established through which
local educational agencies dissatisfied with the
determinations made by the State educational agency may
appeal directly to the Secretary for a final determination.
For fiscal years beginning in 1999, for each local
educational agency serving an area with a total population of
at least 20,000 persons, the grant under this section shall
be the amount determined by the Secretary. For local
educational agencies serving areas with total populations of
fewer than 20,000 persons, the
[[Page 2109]]
State education agency may either (1) distribute to such
local educational agencies grants under this section equal to
the amounts determined by the Secretary; or (2) use an
alternative method, approved by the Secretary, to distribute
the share of the State's total grants under this section that
is based on local educational agencies with total populations
of fewer than 20,000 persons. Such an alternative method of
distributing grants under this section among a State's local
educational agencies serving areas with total populations of
fewer than 20,000 persons shall be based upon population data
that the State education agency determines best reflects the
current distribution of children in poor families among the
State's local educational agencies serving areas with total
populations of fewer than 20,000 persons. If a local
educational agency serving an area with total populations of
less than 20,000 persons is dissatisfied with the
determination of its grant by the State education agency,
then the local educational agency may appeal this
determination to the Secretary. The Secretary shall respond
to this appeal within 45 days of receipt.
``(e) State Minimum.--Notwithstanding any other provision
of this section or subsection (b)(1) or (d) of section 1122,
from the total amount available for any fiscal year to carry
out this section, each State shall be allotted at least the
lesser of--
``(1) 0.25 percent of total appropriations; or
``(2) the average of--
``(A) one quarter of 1 percent of the total amount
available to carry out this section; and
``(B) 150 percent of the national average grant under this
section per child described in section 1124(c), without
application of a weighting factor, multiplied by the State's
total number of children described in section 1124(c),
without application of a weighting factor.
``SEC. 1125A. EDUCATION FINANCE INCENTIVE PROGRAM.
``(a) Grants.--The Secretary is authorized to make grants
to States from the sums appropriated pursuant to subsection
(e) to carry out the purposes of this part.
``(b) Distribution Based Upon Fiscal Effort and Equity.--
``(1) In general.--Funds appropriated pursuant to
subsection (e) shall be allotted to each State based upon the
number of children aged 5 to 17, inclusive, of such State
multiplied by the product of--
``(A) such State's effort factor described in paragraph
(2); multiplied by
``(B) 1.30 minus such State's equity factor described in
paragraph (3),
except that for each fiscal year no State shall receive less
than one-quarter of 1 percent of the total amount
appropriated pursuant to subsection (e) for such fiscal year.
``(2) Effort factor.--(A) Except as provided in
subparagraph (B), the effort factor for a State shall be
determined in accordance with the succeeding sentence, except
that such factor shall not be less than .95 nor greater than
1.05. The effort factor determined under this sentence shall
be a fraction the numerator of which is the product of the
three-year average per-pupil expenditure in the State
multiplied by the three-year average per capita income in the
United States and the denominator of which is the product of
the three-year average per capita income in such State
multiplied by the three-year average per-pupil expenditure in
the United States.
``(B) The effort factor for the Commonwealth of Puerto Rico
shall be equal to the lowest effort factor calculated under
subparagraph (A) for any State.
``(3) Equity factor.--(A)(i) Except as provided in
subparagraph (B), the Secretary shall determine the equity
factor under this section for each State in accordance with
clause (ii).
``(ii)(I) For each State, the Secretary shall compute a
weighted coefficient of variation for the per-pupil
expenditures of local educational agencies in accordance with
subclauses (II), (III), (IV), and (V).
``(II) In computing coefficients of variation, the
Secretary shall weight the variation between per-pupil
expenditures in each local educational agency and the average
per-pupil expenditures in the State according to the number
of pupils in the local educational agency.
``(III) In determining the number of pupils under this
paragraph in each local educational agency and each State,
the Secretary shall multiply the number of children from low-
income families by 1.4 under this paragraph.
``(IV) In computing coefficients of variation, the
Secretary shall include only those local educational agencies
with an enrollment of more than 200 students.
``(V) The Secretary shall compute separate coefficients of
variation for elementary, secondary, and unified local
educational agencies and shall combine such coefficients into
a single weighted average coefficient for the State by
multiplying each coefficient by the total enrollments of the
local educational agencies in each group, adding such
products, and dividing such sum by the total enrollments of
the local educational agencies in the State.
``(B) The equity factor for a State that meets the
disparity standard described in section 222.63 of title 34,
Code of Federal Regulations (as such section was in effect on
the day preceding the date of enactment of this Act) or a
State with only one local educational agency shall be not
greater than .10.
``(C) The Secretary may revise each State's equity factor
as necessary based on the advice of independent education
finance scholars to reflect other need-based costs of local
educational agencies in addition to low-income student
enrollment, such as differing geographic costs, costs
associated with students with disabilities, children with
limited-English proficiency or other meaningful educational
needs, which deserve additional support. In addition and also
with the advice of independent education finance scholars,
the Secretary may revise each State's equity factor to
incorporate other valid and accepted methods to achieve
adequacy of educational opportunity that may not be reflected
in a coefficient of variation method.
``(c) Use of Funds.--All funds awarded to each State under
this section shall be allocated to local educational agencies
and schools on a basis consistent with the distribution of
other funds to such agencies and schools under sections 1124,
1124A, and 1125 to carry out activities under this part.
``(d) Maintenance of Effort.--
``(1) In general.--Except as provided in paragraph (2), a
State is entitled to receive its full allotment of funds
under this part for any fiscal year if the Secretary finds
that either the combined fiscal effort per student or the
aggregate expenditures within the State with respect to the
provision of free public education for the fiscal year
preceding the fiscal year for which the determination is made
was not less than 90 percent of such combined fiscal effort
or aggregate expenditures for the second fiscal year
preceding the fiscal year for which the determination is
made.
``(2) Reduction of funds.--The Secretary shall reduce the
amount of the of funds awarded to any State under this
section in any fiscal year in the exact proportion to which
the State fails to meet the requirements of paragraph (1) by
falling below 90 percent of both the fiscal effort per
student and aggregate expenditures (using the measure most
favorable to the State), and no such lesser amount shall be
used for computing the effort required under paragraph (1)
for subsequent years.
``(3) Waivers.--The Secretary may waive, for one fiscal
year only, the requirements of this subsection if the
Secretary determines that such a waiver would be equitable
due to exceptional or uncontrollable circumstances such as a
natural disaster or a precipitous and unforeseen decline in
the financial resources of the State.
``(e) Authorization of Appropriations.--For the purpose of
making grants under this section, there are authorized to be
appropriated $200,000,000 for fiscal year 1996 and such sums
as may be necessary for each of the three succeeding fiscal
years.
``SEC. 1126. SPECIAL ALLOCATION PROCEDURES.
``(a) Allocations for Neglected Children.--
``(1) In general.--If a State educational agency determines
that a local educational agency in the State is unable or
unwilling to provide for the special educational needs of
children who are living in institutions for neglected
children as described in subparagraph 1124(c)(1)(C), the
State educational agency shall, if such agency assumes
responsibility for the special educational needs of such
children, receive the portion of such local educational
agency's allocation under sections 1124, 1124A, and 1125 that
is attributable to such children.
``(2) Special rule.--If the State educational agency does
not assume such responsibility, any other State or local
public agency that does assume such responsibility shall
receive that portion of the local educational agency's
allocation.
``(b) Allocations Among Local Educational Agencies.--The
State educational agency may allocate the amounts of grants
under sections 1124, 1124A, and 1125 among the affected local
educational agencies--
``(1) if two or more local educational agencies serve, in
whole or in part, the same geographical area;
``(2) if a local educational agency provides free public
education for children who reside in the school district of
another local educational agency; or
``(3) to reflect the merger, creation, or change of
boundaries of one or more local educational agencies.
``(c) Reallocation.--If a State educational agency
determines that the amount of a grant a local educational
agency would receive under sections 1124, 1124A, and 1125 is
more than such local agency will use, the State educational
agency shall make the excess amount available to other local
educational agencies in the State that need additional funds
in accordance with criteria established by the State
educational agency.
``SEC. 1127. CARRYOVER AND WAIVER.
``(a) Limitation on Carryover.--Notwithstanding section 421
of the General Education Provisions Act or any other
provision of law, not more than 15 percent of the funds
allocated to a local educational agency for any fiscal year
under this subpart (but not including funds received through
any reallocation under this subpart) may remain available for
obligation by such agency for one additional fiscal year.
``(b) Waiver.--A State educational agency may, once every
three years, waive the percentage limitation in subsection
(a) if--
``(1) the agency determines that the request of a local
educational agency is reasonable and necessary; or
``(2) supplemental appropriations for this subpart become
available.
``(c) Exclusion.--The percentage limitation under
subsection (a) shall not apply to any local educational
agency that receives
[[Page 2110]]
less than $50,000 under this subpart for any fiscal year.
``PART B--EVEN START FAMILY LITERACY PROGRAMS
``SEC. 1201. STATEMENT OF PURPOSE.
``It is the purpose of this part to help break the cycle of
poverty and illiteracy by improving the educational
opportunities of the Nation's low-income families by
integrating early childhood education, adult literacy or
adult basic education, and parenting education into a unified
family literacy program, to be referred to as `Even Start'.
The program shall--
``(1) be implemented through cooperative projects that
build on existing community resources to create a new range
of services;
``(2) promote achievement of the National Education Goals;
and
``(3) assist children and adults from low-income families
to achieve to challenging State content standards and
challenging State student performance standards.
``SEC. 1202. PROGRAM AUTHORIZED.
``(a) Reservation for Migrant Programs, Outlying Areas, and
Indian Tribes.--
``(1) In general.--For each fiscal year, the Secretary
shall reserve 5 percent of the amount appropriated under
section 1002(b) for programs, under such terms and conditions
as the Secretary shall establish, that are consistent with
the purpose of this part, and according to their relative
needs, for--
``(A) children of migratory workers;
``(B) the outlying areas; and
``(C) Indian tribes and tribal organizations.
``(2) Special rule.--If the amount of funds made available
under this subsection exceeds $4,600,000, the Secretary shall
award a grant, on a competitive basis, of sufficient size and
for a period of sufficient duration to demonstrate the
effectiveness of a family literacy program in a prison that
houses women and their preschool age children and that has
the capability of developing a program of high quality.
``(b) Reservation for Federal Activities.--From amounts
appropriated under section 1002(b), the Secretary may reserve
not more than three percent of such amounts or the amount
reserved to carry out the activities described in paragraphs
(1) and (2) of subsection (a) for the fiscal year 1994,
whichever is greater, for purposes of--
``(1) carrying out the evaluation required by section 1209;
and
``(2) providing, through grants or contracts with eligible
organizations, technical assistance, program improvement, and
replication activities.
``(c) Reservation for Grants.--
``(1) Grants authorized.--In any fiscal year in which the
amount appropriated to carry out this part exceeds the amount
appropriated to carry out this part for the preceding fiscal
year, the Secretary may reserve such funds in excess of the
amount appropriated for such preceding fiscal years as do not
exceed $1,000,000 to award grants, on a competitive basis, to
States to enable such States to plan and implement, statewide
family literacy initiatives to coordinate and integrate
existing Federal, State, and local literacy resources
consistent with the purposes of this part. Such coordination
and integration shall include funds available under the Adult
Education Act, Head Start, Even Start, and the Family Support
Act of 1988.
``(2) Matching requirement.--The Secretary shall not make a
grant to a State under paragraph (1) unless the State agrees
that, with respect to the costs to be incurred by the
eligible consortium in carrying out the activities for which
the grant was awarded, the State will make available non-
Federal contributions in an amount equal to not less than the
Federal funds provided under the grant.
``(d) State Allocation.--
``(1) In general.--From amounts appropriated under section
1002(b) and not reserved under subsections (a), (b), and (c),
the Secretary shall make grants to States from allocations
under paragraph (2).
``(2) Allocations.--Except as provided in paragraph (3),
from the total amount available for allocation to States in
any fiscal year, each State shall be eligible to receive a
grant under paragraph (1) in an amount that bears the same
ratio to such total amount as the amount allocated under part
A to that State bears to the total amount allocated under
that section to all the States.
``(3) Minimum.--No State shall receive a grant under
paragraph (1) in any fiscal year in an amount which is less
than $250,000, or one-half of 1 percent of the amount
appropriated under section 1002(b) and not reserved under
subsections (a), (b), and (c) for such year, whichever is
greater.
``(e) Definitions.--For the purpose of this part--
``(1) the term `eligible entity' means a partnership
composed of both--
``(A) a local educational agency; and
``(B) a nonprofit community-based organization, a public
agency other than a local educational agency, an institution
of higher education, or a public or private nonprofit
organization other than a local educational agency, of
demonstrated quality;
``(2) the term `eligible organization' means any public or
private nonprofit organization with a record of providing
effective services to family literacy providers, such as the
National Center for Family Literacy, Parents as Teachers,
Inc., the Home Instruction Program for Preschool Youngsters,
and the Home and School Institute, Inc.;
``(3) the terms `Indian tribe' and `tribal organization'
have the meanings given such terms in section 4 of the Indian
Self-Determination and Education Assistance Act; and
``(4) the term `State' includes each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
``SEC. 1203. STATE PROGRAMS.
``(a) State Level Activities.--Each State that receives a
grant under section 1202(d)(1) may use not more than 5
percent of the grant funds for the costs of--
``(1) administration; and
``(2) providing, through one or more subgrants or
contracts, technical assistance for program improvement and
replication, to eligible entities that receive subgrants
under subsection (b).
``(b) Subgrants for Local Programs.--
``(1) In general.--Each State shall use the grant funds
received under section 1202(d)(1) and not reserved under
subsection (a) to award subgrants to eligible entities to
carry out Even Start programs.
``(2) Minimum.--No State shall award a subgrant under
paragraph (1) in an amount less than $75,000, except that a
State may award one subgrant in each fiscal year of
sufficient size, scope, and quality to be effective in an
amount less than $75,000 if, after awarding subgrants under
paragraph (1) for such fiscal year in amounts of $75,000 or
greater, less than $75,000 is available to the State to award
such subgrants.
``SEC. 1204. USES OF FUNDS.
``(a) In General.--In carrying out an Even Start program
under this part, a recipient of funds under this part shall
use such funds to pay the Federal share of the cost of
providing family-centered education programs that involve
parents and children, from birth through age seven, in a
cooperative effort to help parents become full partners in
the education of their children and to assist children in
reaching their full potential as learners.
``(b) Federal Share Limitation.--
``(1) In general.--(A) Except as provided in paragraph (2),
the Federal share under this part may not exceed--
``(i) 90 percent of the total cost of the program in the
first year that such program receives assistance under this
part or its predecessor authority;
``(ii) 80 percent in the second such year;
``(iii) 70 percent in the third such year;
``(iv) 60 percent in the fourth such year; and
``(v) 50 percent in any subsequent such year.
``(B) The remaining cost of a program assisted under this
part may be provided in cash or in kind, fairly evaluated and
may be obtained from any source, including other Federal
funds under this Act.
``(2) Waiver.--The State educational agency may waive, in
whole or in part, the cost-sharing requirement described in
paragraph (1) for an eligible entity if such entity--
``(A) demonstrates that such entity otherwise would not be
able to participate in the program assisted under this part;
and
``(B) negotiates an agreement with the State educational
agency with respect to the amount of the remaining cost to
which the waiver will be applicable.
``(3) Prohibition.--Federal funds provided under this part
may not be used for the indirect costs of a program assisted
under this part, except that the Secretary may waive this
paragraph if an eligible recipient of funds reserved under
section 1202(a)(1)(C) demonstrates to the Secretary's
satisfaction that such recipient otherwise would not be able
to participate in the program assisted under this part.
``SEC. 1205. PROGRAM ELEMENTS.
``Each program assisted under this part shall--
``(1) include the identification and recruitment of
families most in need of services provided under this part,
as indicated by a low level of income, a low level of adult
literacy or English language proficiency of the eligible
parent or parents, and other need-related indicators;
``(2) include screening and preparation of parents,
including teenage parents and children to enable such parents
to participate fully in the activities and services provided
under this part, including testing, referral to necessary
counselling, other developmental and support services, and
related services;
``(3) be designed to accommodate the participants' work
schedule and other responsibilities, including the provision
of support services, when such services are unavailable from
other sources, necessary for participation in the activities
assisted under this part, such as--
``(A) scheduling and locating of services to allow joint
participation by parents and children;
``(B) child care for the period that parents are involved
in the program provided under this part; and
``(C) transportation for the purpose of enabling parents
and their children to participate in programs authorized by
this part;
``(4) include high-quality instructional programs that
promote adult literacy and empower parents to support the
educational growth of their children, developmentally
appropriate early childhood educational services, and
preparation of children for success in regular school
programs;
``(5) include special training of staff, including child
care staff, to develop the skills necessary to work with
parents and young children in the full range of instructional
services offered through this part;
``(6) provide and monitor integrated instructional services
to participating parents and children through home-based
programs;
``(7) operate on a year-round basis, including the
provision of some program services,
[[Page 2111]]
instructional or enrichment, during the summer months;
``(8) be coordinated with--
``(A) programs assisted under other parts of this title and
this Act;
``(B) any relevant programs under the Adult Education Act,
the Individuals with Disabilities Education Act, and the Job
Training Partnership Act; and
``(C) the Head Start program, volunteer literacy programs,
and other relevant programs;
``(9) ensure that the programs will serve those families
most in need of the activities and services provided by this
part; and
``(10) provide for an independent evaluation of the
program.
``SEC. 1206. ELIGIBLE PARTICIPANTS.
``(a) In General.--Except as provided in subsection (b),
eligible participants in an Even Start program are--
``(1) a parent or parents--
``(A) who are eligible for participation in an adult basic
education program under the Adult Education Act; or
``(B) who are within the State's compulsory school
attendance age range, so long as a local educational agency
provides (or ensures the availability of) the basic education
component required under this part; and
``(2) the child or children, from birth through age seven,
of any individual described in paragraph (1).
``(b) Eligibility for Certain Other Participants.--
``(1) In general.--Family members of eligible participants
described in subsection (a) may participate in activities and
services provided under this part, when appropriate to serve
the purpose of this part.
``(2) Special rule.--Any family participating in a program
assisted under this part that becomes ineligible for such
participation as a result of one or more members of the
family becoming ineligible for such participation may
continue to participate in the program until all members of
the family become ineligible for such participation, which--
``(A) in the case of a family in which ineligibility was
due to the child or children of such family attaining the age
of eight, shall be in two years or when the parent or parents
become ineligible due to educational advancement, whichever
occurs first; and
``(B) in the case of a family in which ineligibility was
due to the educational advancement of the parent or parents
of such family, shall be when all children in the family
attain the age of eight.
``SEC. 1207. APPLICATIONS.
``(a) Submission.--To be eligible to receive a subgrant
under this part, an eligible entity shall submit an
application to the State educational agency in such form and
containing or accompanied by such information as the State
educational agency shall require.
``(b) Required Documentation.--Each application shall
include documentation, satisfactory to the State educational
agency, that the eligible entity has the qualified personnel
needed--
``(1) to develop, administer, and implement an Even Start
program under this part; and
``(2) to provide access to the special training necessary
to prepare staff for the program, which may be offered by an
eligible organization.
``(c) Plan.--
``(1) In general.--Such application shall also include a
plan of operation for the program which shall include--
``(A) a description of the program goals;
``(B) a description of the activities and services that
will be provided under the program, including a description
of how the program will incorporate the program elements
required by section 1205;
``(C) a description of the population to be served and an
estimate of the number of participants to be served;
``(D) as appropriate, a description of the applicant's
collaborative efforts with institutions of higher education,
community-based organizations, the State educational agency,
private elementary schools, or other eligible organizations
in carrying out the program for which assistance is sought;
``(E) a statement of the methods that will be used--
``(i) to ensure that the programs will serve families most
in need of the activities and services provided by this part;
``(ii) to provide services under this part to individuals
with special needs, such as individuals with limited English
proficiency and individuals with disabilities; and
``(iii) to encourage participants to remain in the program
for a time sufficient to meet the program's purpose; and
``(F) a description of how the plan is integrated with
other programs under this Act, the Goals 2000: Educate
America Act, or other Acts, as appropriate, consistent with
section 14306.
``(2) Duration of the plan.--Each plan submitted under
paragraph (1)(A) shall--
``(A) remain in effect for the duration of the eligible
entity's participation under this part; and
``(B) be periodically reviewed and revised by the eligible
entity as necessary.
``(d) Consolidated Application.--The plan described in
subsection (c)(1)(F) may be submitted as part of a
consolidated application under section 14302.
``SEC. 1208. AWARD OF SUBGRANTS.
``(a) Selection Process.--
``(1) In general.--The State educational agency shall
establish a review panel in accordance with paragraph (3)
that will approve applications that--
``(A) are most likely to be successful in--
``(i) meeting the purpose of this part; and
``(ii) effectively implementing the program elements
required under section 1205;
``(B) demonstrate that the area to be served by such
program has a high percentage or a large number of children
and families who are in need of such services as indicated by
high levels of poverty, illiteracy, unemployment, limited-
English proficiency, or other need-related indicators,
including a high percentage of children to be served by the
program who reside in a school attendance area eligible for
participation in programs under part A;
``(C) provide services for at least a three-year age range,
which may begin at birth;
``(D) demonstrate the greatest possible cooperation and
coordination between a variety of relevant service providers
in all phases of the program;
``(E) include cost-effective budgets, given the scope of
the application;
``(F) demonstrate the applicant's ability to provide the
Federal share required by section 1204(b);
``(G) are representative of urban and rural regions of the
State; and
``(H) show the greatest promise for providing models that
may be adopted by other local educational agencies.
``(2) Priority for subgrants.--The State educational agency
shall give priority for subgrants under this subsection to
applications that--
``(A) target services primarily to families described in
paragraph (1)(B); or
``(B) are located in areas designated as empowerment zones
or enterprise communities.
``(3) Review panel.--A review panel shall consist of at
least three members, including one early childhood
professional, one adult education professional, and one or
more of the following individuals:
``(A) A representative of a parent-child education
organization.
``(B) A representative of a community-based literacy
organization.
``(C) A member of a local board of education.
``(D) A representative of business and industry with a
commitment to education.
``(E) An individual who has been involved in the
implementation of programs under this title in the State.
``(b) Duration.--
``(1) In general.--Subgrants under this part may be awarded
for a period not to exceed four years.
``(2) Startup period.--The State educational agency may
provide subgrant funds to an eligible recipient, at such
recipient's request, for a three- to six-month startup period
during the first year of the four-year grant period, which
may include staff recruitment and training, and the
coordination of services, before requiring full
implementation of the program.
``(3) Continuing eligibility.--In awarding subgrant funds
to continue a program under this part for the second, third,
or fourth year, the State educational agency shall review the
progress being made toward meeting the objectives of the
program after the conclusion of the startup period, if any.
``(4) Insufficient progress.--The State educational agency
may refuse to award subgrant funds if such agency finds that
sufficient progress has not been made toward meeting such
objectives, but only after affording the applicant notice and
an opportunity for a hearing.
``(5) Grant renewal.--(A) An eligible entity that has
previously received a subgrant under this part may reapply
under this part for additional subgrants. An eligible
recipient may receive funds under this part for a period not
to exceed eight years.
``(B) The Federal share of any subgrant renewed under
subparagraph (A) shall not exceed 50 percent in any fiscal
year.
``SEC. 1209. EVALUATION.
``From funds reserved under section 1202(b)(1), the
Secretary shall provide for an independent evaluation of
programs assisted under this part--
``(1) to determine the performance and effectiveness of
programs assisted under this part; and
``(2) to identify effective Even Start programs assisted
under this part that can be duplicated and used in providing
technical assistance to Federal, State, and local programs.
``SEC. 1210. CONSTRUCTION.
``Nothing in this part shall be construed to prohibit a
recipient of funds under this part from serving students
participating in Even Start simultaneously with students with
similar educational needs, in the same educational settings
where appropriate.
``PART C--EDUCATION OF MIGRATORY CHILDREN
``SEC. 1301. PROGRAM PURPOSE.
``It is the purpose of this part to assist States to--
``(1) support high-quality and comprehensive educational
programs for migratory children to help reduce the
educational disruptions and other problems that result from
repeated moves;
``(2) ensure that migratory children are provided with
appropriate educational services (including supportive
services) that address their special needs in a coordinated
and efficient manner;
``(3) ensure that migratory children have the opportunity
to meet the same challenging State content standards and
challenging State student performance standards that all
children are expected to meet;
[[Page 2112]]
``(4) design programs to help migratory children overcome
educational disruption, cultural and language barriers,
social isolation, various health-related problems, and other
factors that inhibit the ability of such children to do well
in school, and to prepare such children to make a successful
transition to postsecondary education or employment; and
``(5) ensure that migratory children benefit from State and
local systemic reforms.
``SEC. 1302. PROGRAM AUTHORIZED.
``In order to carry out the purpose of this part, the
Secretary shall make grants to State educational agencies, or
combinations of such agencies, to establish or improve,
directly or through local operating agencies, programs of
education for migratory children in accordance with this
part.
``SEC. 1303. STATE ALLOCATIONS.
``(a) State Allocations.--Each State (other than the
Commonwealth of Puerto Rico) is entitled to receive under
this part, for each fiscal year, an amount equal to--
``(1) the sum of the estimated number of migratory children
aged three through 21 who reside in the State full time and
the full-time equivalent of the estimated number of migratory
children aged three through 21 who reside in the State part
time, as determined in accordance with subsection (e);
multiplied by
``(2) 40 percent of the average per-pupil expenditure in
the State, except that the amount determined under this
paragraph shall not be less than 32 percent, nor more than 48
percent, of the average expenditure per pupil in the United
States.
``(b) Allocation to Puerto Rico.--For each fiscal year, the
amount for which the Commonwealth of Puerto Rico is eligible
under this section shall be equal to--
``(1) the number of migratory children in Puerto Rico,
determined under subsection (a)(1); multiplied by
``(2) the product of--
``(A) the percentage that the average per-pupil expenditure
in Puerto Rico is of the lowest average per-pupil expenditure
of any of the 50 States; and
``(B) 32 percent of the average per-pupil expenditure in
the United States.
``(c) Ratable Reductions; Reallocations.--
``(1) In general.--(A) If, after the Secretary reserves
funds under section 1308(c), the amount appropriated to carry
out this part for any fiscal year is insufficient to pay in
full the amounts for which all States are eligible, the
Secretary shall ratably reduce each such amount.
``(B) If additional funds become available for making such
payments for any fiscal year, the Secretary shall allocate
such funds to States in amounts that the Secretary determines
will best carry out the purpose of this part.
``(2) Special rule.--(A) The Secretary shall further reduce
the amount of any grant to a State under this part for any
fiscal year if the Secretary determines, based on available
information on the numbers and needs of migratory children in
the State and the program proposed by the State to address
such needs, that such amount exceeds the amount required
under section 1304.
``(B) The Secretary shall reallocate such excess funds to
other States whose grants under this part would otherwise be
insufficient to provide an appropriate level of services to
migratory children, in such amounts as the Secretary
determines are appropriate.
``(d) Consortium Arrangements.--
``(1) In general.--In the case of a State that receives a
grant of $1,000,000 or less under this section, the Secretary
shall consult with the State educational agency to determine
whether consortium arrangements with another State or other
appropriate entity would result in delivery of services in a
more effective and efficient manner.
``(2) Proposals.--Any State, regardless of the amount of
such State's allocation, may submit a consortium arrangement
to the Secretary for approval.
``(3) Approval.--The Secretary shall approve a consortium
arrangement under paragraph (1) or (2) if the proposal
demonstrates that the arrangement will--
``(A) reduce administrative costs or program function costs
for State programs; and
``(B) make more funds available for direct services to add
substantially to the welfare or educational attainment of
children to be served under this part.
``(e) Determining Numbers of Eligible Children.--In order
to determine the estimated number of migratory children
residing in each State for purposes of this section, the
Secretary shall--
``(1) use such information as the Secretary finds most
accurately reflects the actual number of migratory children;
``(2) develop and implement a procedure for more accurately
reflecting cost factors for different types of summer and
intersession program designs;
``(3) adjust the full-time equivalent number of migratory
children who reside in each State to take into account--
``(A) the special needs of those children participating in
special programs provided under this part that operate during
the summer and intersession periods; and
``(B) the additional costs of operating such programs; and
``(4) conduct an analysis of the options for adjusting the
formula so as to better direct services to the child whose
education has been interrupted.
``SEC. 1304. STATE APPLICATIONS; SERVICES.
``(a) Application Required.--Any State desiring to receive
a grant under this part for any fiscal year shall submit an
application to the Secretary at such time and in such manner
as the Secretary may require.
``(b) Program Information.--Each such application shall
include--
``(1) a description of how, in planning, implementing, and
evaluating programs and projects assisted under this part,
the State and its local operating agencies will ensure that
the special educational needs of migratory children,
including preschool migratory children, are identified and
addressed through a comprehensive plan for needs assessment
and service delivery that meets the requirements of section
1306;
``(2) a description of the steps the State is taking to
provide all migratory students with the opportunity to meet
the same challenging State content standards and challenging
State student performance standards that all children are
expected to meet;
``(3) a description of how the State will use funds
received under this part to promote interstate and intrastate
coordination of services for migratory children, including
how, consistent with procedures the Secretary may require,
the State will provide for educational continuity through the
timely transfer of pertinent school records, including
information on health, when children move from one school to
another, whether or not such move occurs during the regular
school year;
``(4) a description of the State's priorities for the use
of funds received under this part, and how such priorities
relate to the State's assessment of needs for services in the
State;
``(5) a description of how the State will determine the
amount of any subgrants the State will award to local
operating agencies, taking into account the requirements of
paragraph (1); and
``(6) such budgetary and other information as the Secretary
may require.
``(c) Assurances.--Each such application shall also include
assurances, satisfactory to the Secretary, that--
``(1) funds received under this part will be used only--
``(A) for programs and projects, including the acquisition
of equipment, in accordance with section 1306(b)(1); and
``(B) to coordinate such programs and projects with similar
programs and projects within the State and in other States,
as well as with other Federal programs that can benefit
migratory children and their families;
``(2) such programs and projects will be carried out in a
manner consistent with the objectives of section 1114,
subsections (b) and (d) of section 1115, section 1120, and
subsections (b) and (c) of section 1120A, and part F;
``(3) in the planning and operation of programs and
projects at both the State and local operating agency level,
there is appropriate consultation with parent advisory
councils for programs of one school year in duration, and
that all such programs and projects are carried out, to the
extent feasible, in a manner consistent with section 1118;
``(4) in planning and carrying out such programs and
projects, there has been, and will be, adequate provision for
addressing the unmet education needs of preschool migratory
children;
``(5) the effectiveness of such programs and projects will
be determined, where feasible, using the same approaches and
standards that will be used to assess the performance of
students, schools, and local educational agencies under part
A;
``(6) to the extent feasible, such programs and projects
will provide for--
``(A) advocacy and outreach activities for migratory
children and their families, including informing such
children and families of, or helping such children and
families gain access to, other education, health, nutrition,
and social services;
``(B) professional development programs, including
mentoring, for teachers and other program personnel;
``(C) family literacy programs, including such programs
that use models developed under Even Start;
``(D) the integration of information technology into
educational and related programs; and
``(E) programs to facilitate the transition of secondary
school students to postsecondary education or employment; and
``(7) the State will assist the Secretary in determining
the number of migratory children under section 1303(e),
through such procedures as the Secretary may require.
``(d) Priority for Services.--In providing services with
funds received under this part, each recipient of such funds
shall give priority to migratory children who are failing, or
most at risk of failing, to meet the State's challenging
State content standards and challenging State student
performance standards, and whose education has been
interrupted during the regular school year.
``(e) Continuation of Services.--Notwithstanding any other
provision of this part--
``(1) a child who ceases to be a migratory child during a
school term shall be eligible for services until the end of
such term;
``(2) a child who is no longer a migratory child may
continue to receive services for one additional school year,
but only if comparable services are not available through
other programs; and
``(3) secondary school students who were eligible for
services in secondary school may continue to be served
through credit accrual programs until graduation.
[[Page 2113]]
``SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW.
``(a) Secretarial Approval.--The Secretary shall approve
each State application that meets the requirements of this
part.
``(b) Peer Review.--The Secretary may review any such
application with the assistance and advice of State officials
and other individuals with relevant expertise.
``SEC. 1306. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-
DELIVERY PLAN; AUTHORIZED ACTIVITIES.
``(a) Comprehensive Plan.--
``(1) In general.--Each State that receives assistance
under this part shall ensure that the State and its local
operating agencies identify and address the special
educational needs of migratory children in accordance with a
comprehensive State plan that--
``(A) is integrated with other programs under this Act, the
Goals 2000: Educate America Act, or other Acts, as
appropriate, consistent with section 14306;
``(B) may be submitted as a part of consolidated
application under section 14302;
``(C) provides that migratory children will have an
opportunity to meet the same challenging State content
standards and challenging State student performance
standards, set out in such plans, that all children are
expected to meet;
``(D) specifies measurable program goals and outcomes;
``(E) encompasses the full range of services that are
available for migratory children from appropriate local,
State and Federal educational programs;
``(F) is the product of joint planning among such local,
State, and Federal programs, including programs under part A,
early childhood programs, and bilingual education programs
under part A of title VII; and
``(G) provides for the integration of services available
under this part with services provided by such other
programs.
``(2) Duration of the plan.--Each such comprehensive State
plan shall--
``(A) remain in effect for the duration of the State's
participation under this part; and
``(B) be periodically reviewed and revised by the State, as
necessary, to reflect changes in the State's strategies and
programs under this part.
``(b) Authorized Activities.--
``(1) In general.--In implementing the comprehensive plan
described in subsection (a), each local operating agency
shall have the flexibility to determine the activities to be
provided with funds made available under this part, except
that--
``(A) before funds under this part are used to provide
services described in subparagraph (B), such funds shall be
used to meet the identified needs of migratory children
that--
``(i) result from the effects of their migratory lifestyle,
or are needed to permit migratory children to participate
effectively in school; and
``(ii) are not addressed by services provided under other
programs, including programs under part A; and
``(B) all migratory children who are eligible to receive
services under part A shall receive such services with funds
provided under this part or under part A.
``(2) Construction.--Nothing in this part shall be
construed to prohibit a local operating agency from serving
migrant students simultaneously with students with similar
educational needs, in the same educational settings where
appropriate.
``(3) Special rule.--Notwithstanding section 1114, a school
that receives funds under this part shall continue to address
the identified needs described in paragraph (1)(A).
``SEC. 1307. BYPASS.
``The Secretary may use all or part of any State's
allocation under this part to make arrangements with any
public or private nonprofit agency to carry out the purpose
of this part in such State if the Secretary determines that--
``(1) the State is unable or unwilling to conduct
educational programs for migratory children;
``(2) such arrangements would result in more efficient and
economic administration of such programs; or
``(3) such arrangements would add substantially to the
welfare or educational attainment of such children.
``SEC. 1308. COORDINATION OF MIGRANT EDUCATION ACTIVITIES.
``(a) Improvement of Coordination.--
``(1) In general.--The Secretary, in consultation with the
States, may make grants to, or enter into contracts with,
State educational agencies, local educational agencies,
institutions of higher education, and other public and
private nonprofit entities to improve the interstate and
intrastate coordination among such agencies' educational
programs, including the establishment or improvement of
programs for credit accrual and exchange, available to
migratory students.
``(2) Duration.--Grants under this subpart may be awarded
for not more than five years.
``(b) Assistance and Reporting.--
``(1) Student records.--(A) The Secretary shall solicit
information on how student records are transferred from one
school to another and shall solicit recommendations on
whether new procedures and technologies for record transfer
should be employed to better meet the needs of the migrant
population.
``(B) The Secretary shall also seek recommendations on the
most effective means for determining the number of students
or full-time equivalent students in each State for the
purpose of allocating funds under this part.
``(2) Report to congress.--(A) Not later than April 30,
1995, the Secretary shall report to the Committee on Labor
and Human Resources of the Senate and the Committee on
Education and Labor of the House of Representatives the
Secretary's findings and recommendations, and shall include
in this report, recommendations for interim measures that may
be taken to ensure continuity of services in this program.
``(B) The Secretary shall assist States in developing
effective methods for the transfer of student records and in
determining the number of students or full-time equivalent
students in each State if such interim measures are required.
``(c) Availability of Funds.--For the purpose of carrying
out this section in any fiscal year, the Secretary shall
reserve not more than $6,000,000 of the amount appropriated
to carry out this part for such year.
``(d) Incentive Grants.--
``(1) In general.--From the amounts made available to carry
out this section, the Secretary shall reserve not more than
$1,500,000 to award, on a competitive basis, grants in the
amount of not more than $250,000 to State educational
agencies with consortium agreements under section 1303(d).
``(2) Limitation.--Not less than 10 of such grants shall be
awarded to States which receive allocations of less than
$1,000,000 if such States have approved agreements.
``SEC. 1309. DEFINITIONS.
``As used in this part:
``(1) Local operating agency.--The term `local operating
agency' means--
``(A) a local educational agency to which a State
educational agency makes a subgrant under this part;
``(B) a public or nonprofit private agency with which a
State educational agency or the Secretary makes an
arrangement to carry out a project under this part; or
``(C) a State educational agency, if the State educational
agency operates the State's migrant education program or
projects directly.
``(2) Migratory child.--The term `migratory child' means a
child who is, or whose parent, spouse, or guardian is, a
migratory agricultural worker, including a migratory dairy
worker, or a migratory fisher, and who, in the preceding 36
months, in order to obtain, or accompany such parent, spouse,
or guardian in order to obtain, temporary or seasonal
employment in agricultural or fishing work--
``(A) has moved from one school district to another;
``(B) in a State that is comprised of a single school
district, has moved from one administrative area to another
within such district; or
``(C) resides in a school district of more than 15,000
square miles, and migrates a distance of 20 miles or more to
a temporary residence to engage in a fishing activity.
``PART D--PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH
WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK OF DROPPING OUT
``SEC. 1401. FINDINGS; PURPOSE; PROGRAM AUTHORIZED.
``(a) Findings.--Congress finds the following:
``(1) A large percentage of youth in the juvenile justice
system have poor academic achievement, are a year or more
behind grade level, and have dropped out of school.
``(2) There is a strong correlation between academic
failure and involvement in delinquent activities.
``(3) Preventing students from dropping out of local
schools and addressing the educational needs of delinquent
youth can help reduce the dropout rate and involvement in
delinquent activities at the same time.
``(4) Many schools and correctional facilities fail to
communicate regarding a youth's academic needs and students
often return to their home school ill-prepared to meet
current curriculum requirements.
``(5) Schools are often reluctant to deal with youth
returning from facilities and receive no funds to deal with
the unique educational and other needs of such youth.
``(6) A continuing need exists for activities and programs
to reduce the incidence of youth dropping out of school.
``(7) Federal dropout prevention programs have demonstrated
effectiveness in keeping children and youth in school.
``(8) Pregnant and parenting teens are a high at-risk group
for dropping out of school and should be targeted by dropout
prevention programs.
``(9) Such youth need a strong dropout prevention program
which provides such youth with high level skills and which
provides supports to youth returning from correctional
facilities in order to keep such youth in school.
``(b) Purpose.--It is the purpose of this part--
``(1) to improve educational services to children in local
and State institutions for neglected or delinquent children
and youth so that such children and youth have the
opportunity to meet the same challenging State content
standards and challenging State student performance standards
that all children in the State will be expected to meet;
``(2) to provide such children and youth the services
needed to make a successful transition from
institutionalization to further schooling or employment; and
[[Page 2114]]
``(3) to prevent at-risk youth from dropping out of school
and to provide dropouts and youth returning from institutions
with a support system to ensure their continued education.
``(c) Program Authorized.--In order to carry out the
purpose of this part the Secretary shall make grants to State
educational agencies to enable such agencies to award
subgrants to State agencies and local educational agencies to
establish or improve programs of education for neglected or
delinquent children and youth at risk of dropping out of
school before graduation.
``SEC. 1402. PAYMENTS FOR PROGRAMS UNDER THIS PART.
``(a) Agency Subgrants.--Based on the allocation amount
computed under section 1412, the Secretary shall allocate to
each State educational agency amounts necessary to make
subgrants to State agencies.
``(b) Local Subgrants.--Each State shall retain, for
purposes of subpart 2, funds generated throughout the State
under part A based on youth residing in local correctional
facilities, or attending community day programs for
delinquent children and youth.
``(c) Use of Remaining Funds.--Each State shall use any
funds remaining after allocations are made under subsection
(a).
``Subpart 1--State Agency Programs
``SEC. 1411. ELIGIBILITY.
``A State agency is eligible for assistance under this
subpart if such State agency is responsible for providing
free public education for children--
``(1) in institutions for neglected or delinquent children;
``(2) attending community day programs for neglected or
delinquent children; or
``(3) in adult correctional institutions.
``SEC. 1412. ALLOCATION OF FUNDS.
``(a) Subgrants to State Agencies.--
``(1) In general.--Each State agency described in section
1411 (other than an agency in the Commonwealth of Puerto
Rico) is eligible to receive a subgrant under this part, for
each fiscal year, an amount equal to the product of--
``(A) the number of neglected or delinquent children and
youth described in section 1411 who--
``(i) are enrolled for at least 15 hours per week in
education programs in adult correctional institutions; and
``(ii) are enrolled for at least 20 hours per week--
``(I) in education programs in institutions for neglected
or delinquent children; or
``(II) in community day programs for neglected or
delinquent children; and
``(B) 40 percent of the average per-pupil expenditure in
the State, except that the amount determined under this
paragraph shall not be less than 32 percent, or more than 48
percent, of the average per-pupil expenditure in the United
States.
``(2) Special rule.--The number of neglected or delinquent
children and youth determined under paragraph (1) shall--
``(A) be determined by the State agency by a deadline set
by the Secretary, except that no State agency shall be
required to determine the number of such children on a
specific date set by the Secretary; and
``(B) be adjusted, as the Secretary determines is
appropriate, to reflect the relative length of such agency's
annual programs.
``(b) Subgrants to State Agencies in Puerto Rico.--For each
fiscal year, the amount of the subgrant for which a State
agency in the Commonwealth of Puerto Rico is eligible under
this part shall be equal to--
``(1) the number of children and youth counted under
subsection (a)(1) for the Commonwealth of Puerto Rico;
multiplied by
``(2) the product of--
``(A) the percentage that the average per-pupil expenditure
in the Commonwealth of Puerto Rico is of the lowest average
per-pupil expenditure of any of the 50 States; and
``(B) 32 percent of the average per-pupil expenditure in
the United States.
``(c) Ratable Reductions in Case of Insufficient
Appropriations.--If the amount appropriated for any fiscal
year for subgrants under subsections (a) and (b) is
insufficient to pay the full amount for which all agencies
are eligible under such subsections, the Secretary shall
ratably reduce each such amount.
``SEC. 1413. STATE REALLOCATION OF FUNDS.
``If a State educational agency determines that a State
agency does not need the full amount of the subgrant for
which such State agency is eligible under this part for any
fiscal year, the State educational agency may reallocate the
amount that will not be needed to other eligible State
agencies that need additional funds to carry out the purpose
of this part, in such amounts as the State educational agency
shall determine.
``SEC. 1414. STATE PLAN AND STATE AGENCY APPLICATIONS.
``(a) State Plan.--
``(1) In general.--Each State educational agency that
desires to receive a grant under this part shall submit, for
approval by the Secretary, a plan for meeting the needs of
neglected and delinquent youth and, where applicable, youth
at risk of dropping out of school which is integrated with
other programs under this Act, the Goals 2000: Educate
America Act, or other Acts, as appropriate, consistent with
section 14306.
``(2) Contents.--Each such State plan shall--
``(A) describe the program goals, objectives, and
performance measures established by the State that will be
used to assess the effectiveness of the program in improving
academic and vocational skills of children in the program;
``(B) provide that, to the extent feasible, such children
will have the same opportunities to learn as such children
would have if such children were in the schools of local
educational agencies in the State; and
``(C) contain assurances that the State educational agency
will--
``(i) ensure that programs assisted under this part will be
carried out in accordance with the State plan described in
this subsection;
``(ii) carry out the evaluation requirements of section
1416;
``(iii) ensure that the State agencies receiving subgrants
under this subpart comply with all applicable statutory and
regulatory requirements; and
``(iv) provide such other information as the Secretary may
reasonably require.
``(3) Duration of the plan.--Each such State plan shall--
``(A) remain in effect for the duration of the State's
participation under this part; and
``(B) be periodically reviewed and revised by the State, as
necessary, to reflect changes in the State's strategies and
programs under this part.
``(b) Secretarial Approval; Peer Review.--
``(1) In general.--The Secretary shall approve each State
plan that meets the requirements of this part.
``(2) Peer review.--The Secretary may review any State plan
with the assistance and advice of individuals with relevant
expertise.
``(c) State Agency Applications.--Any State agency that
desires to receive funds to carry out a program under this
part shall submit an application to the State educational
agency that--
``(1) describes the procedures to be used, consistent with
the State plan under section 1111, to assess the educational
needs of the children to be served;
``(2) provides assurances that in making services available
to youth in adult correctional facilities, priority will be
given to such youth who are likely to complete incarceration
within a 2-year period;
``(3) describes the program, including a budget for the
first year of the program, with annual updates to be provided
to the State educational agency;
``(4) describes how the program will meet the goals and
objectives of the State plan under this subpart;
``(5) describes how the State agency will consult with
experts and provide the necessary training for appropriate
staff, to ensure that the planning and operation of
institution-wide projects under section 1416 are of high
quality;
``(6) describes how the agency will carry out the
evaluation requirements of section 14701 and how the results
of the most recent evaluation are used to plan and improve
the program;
``(7) includes data showing that the agency has maintained
fiscal effort required of a local educational agency, in
accordance with section 14501 of this title;
``(8) describes how the programs will be coordinated with
other appropriate State and Federal programs, such as
programs under the Job Training Partnership Act, vocational
education programs, State and local dropout prevention
programs, and special education programs;
``(9) describes how appropriate professional development
will be provided to teachers and other staff;
``(10) designates an individual in each affected
institution to be responsible for issues relating to the
transition of children and youth from the institution to
locally operated programs;
``(11) describes how the agency will, endeavor to
coordinate with businesses for training and mentoring for
participating youth;
``(12) provides assurances that the agency will assist in
locating alternative programs through which students can
continue their education if students are not returning to
school after leaving the correctional facility;
``(13) provides assurances that the agency will work with
parents to secure parents' assistance in improving the
educational achievement of their children and preventing
their children's further involvement in delinquent
activities;
``(14) provides assurances that the agency works with
special education youth in order to meet an existing
individualized education program and an assurance that the
agency will notify the youth's local school if such youth--
``(A) is identified as in need of special education
services while the youth is in the facility; and
``(B) intends to return to the local school;
``(15) provides assurances that the agency will work with
youth who dropped out of school before entering the facility
to encourage the youth to reenter school once the term of the
youth has been completed or provide the youth with the skills
necessary to gain employment, continue the education of the
youth, or achieve a secondary school diploma or the
recognized equivalent if the youth does not intend to return
to school;
``(16) provides assurances that teachers and other
qualified staff are also trained to work with children with
disabilities and other students with special needs taking
into consideration the unique needs of such students;
``(17) describes any additional services provided to youth,
such as career counseling, and assistance in securing student
loans and grants; and
``(18) provides assurances that the program under this
subpart will be coordinated with any programs operated under
the Juvenile
[[Page 2115]]
Justice and Delinquency Prevention Act of 1974 or other
comparable programs, if applicable.
``SEC. 1415. USE OF FUNDS.
``(a) In General.--
``(1) Uses.--A State agency shall use funds received under
this subpart only for programs and projects that--
``(A) are consistent with the State plan under section
1414(a); and
``(B) concentrate on providing participants with the
knowledge and skills needed to make a successful transition
to secondary school completion, further education, or
employment.
``(2) Programs and projects.--Such programs and projects--
``(A) may include the acquisition of equipment;
``(B) shall be designed to support educational services
that--
``(i) except for institution-wide projects under section
1416, are provided to children identified by the State agency
as failing, or most at risk of failing, to meet the State's
challenging State content standards and challenging State
student performance standards;
``(ii) supplement and improve the quality of the
educational services provided to such children by the State
agency; and
``(iii) afford such children an opportunity to learn to
such challenging State standards;
``(C) shall be carried out in a manner consistent with
section 1120A and part F of this title; and
``(D) may include the costs of meeting the evaluation
requirements of section 14701.
``(b) Supplement, Not Supplant.--A program under this
subpart that supplements the number of hours of instruction
students receive from State and local sources shall be
considered to comply with the supplement, not supplant
requirement of section 1120A without regard to the subject
areas in which instruction is given during those hours.
``SEC. 1416. INSTITUTION-WIDE PROJECTS.
``A State agency that provides free public education for
children and youth in an institution for neglected or
delinquent children (other than an adult correctional
institution) or attending a community-day program for such
children may use funds received under this part to serve all
children in, and upgrade the entire educational effort of,
that institution or program if the State agency has
developed, and the State educational agency has approved, a
comprehensive plan for that institution or program that--
``(1) provides for a comprehensive assessment of the
educational needs of all youth in the institution or program
serving juveniles;
``(2) provides for a comprehensive assessment of the
educational needs of youth aged 20 and younger in adult
facilities who are expected to complete incarceration within
a two-year period;
``(3) describes the steps the State agency has taken, or
will take, to provide all children under age 21 with the
opportunity to meet challenging State content standards and
challenging State student performance standards in order to
improve the likelihood that the students will complete
secondary school, attain secondary diploma or its recognized
equivalent, or find employment after leaving the institution;
``(4) describes the instructional program, pupil services,
and procedures that will be used to meet the needs described
in paragraph (1), including, to the extent feasible, the
provision of mentors for students;
``(5) specifically describes how such funds will be used;
``(6) describes the measures and procedures that will be
used to assess student progress;
``(7) describes how the agency has planned, and will
implement and evaluate, the institution-wide or program-wide
project in consultation with personnel providing direct
instructional services and support services in institutions
or community-day programs for neglected or delinquent
children and personnel from the State educational agency; and
``(8) includes an assurance that the State agency has
provided for appropriate training for teachers and other
instructional and administrative personnel to enable such
teachers and personnel to carry out the project effectively.
``SEC. 1417. THREE-YEAR PROGRAMS OR PROJECTS.
``If a State agency operates a program or project under
this subpart in which individual children are likely to
participate for more than one year, the State educational
agency may approve the State agency's application for a
subgrant under this part for a period of not more than three
years.
``SEC. 1418. TRANSITION SERVICES.
``(a) Transition Services.--Each State agency shall reserve
not more than 10 percent of the amount such agency receives
under this subpart for any fiscal year to support projects
that facilitate the transition of children from State-
operated institutions to local educational agencies.
``(b) Conduct of Projects.--A project supported under this
section may be conducted directly by the State agency, or
through a contract or other arrangement with one or more
local educational agencies, other public agencies, or private
nonprofit organizations.
``(c) Limitation.--Any funds reserved under subsection (a)
shall be used only to provide transitional educational
services, which may include pupil services and mentoring, to
neglected and delinquent children in schools other than
State-operated institutions.
``(d) Construction.--Nothing in this section shall be
construed to prohibit a school that receives funds under
subsection (a) from serving neglected and delinquent children
simultaneously with students with similar educational needs,
in the same educational settings where appropriate.
``Subpart 2--Local Agency Programs
``SEC. 1421. PURPOSE.
``The purpose of this subpart is to support the operation
of local educational agency programs which involve
collaboration with locally operated correctional facilities
to--
``(1) carry out high quality education programs to prepare
youth for secondary school completion, training, and
employment, or further education;
``(2) provide activities to facilitate the transition of
such youth from the correctional program to further education
or employment; and
``(3) operate dropout prevention programs in local schools
for youth at risk of dropping out of school and youth
returning from correctional facilities.
``SEC. 1422. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.
``(a) Local Subgrants.--With funds retained made available
under section 1402(b), the State educational agency shall
award subgrants to local educational agencies with high
numbers or percentages of youth residing in locally operated
(including county operated) correctional facilities for youth
(including facilities involved in day programs).
``(b) Special Rule.--A local educational agency which
includes a correctional facility that operates a school is
not required to operate a dropout prevention program if more
than 30 percent of the youth attending such facility will
reside outside the boundaries of the local educational agency
upon leaving such facility.
``(c) Notification.--A State educational agency shall
notify local educational agencies within the State of the
eligibility of such agencies to receive a subgrant under this
subpart.
``SEC. 1423. LOCAL EDUCATIONAL AGENCY APPLICATIONS.
``Eligible local educational agencies desiring assistance
under this section shall submit an application to the State
educational agency, containing such information as the State
educational agency may require. Each such application shall
include--
``(1) a description of the program to be assisted;
``(2) a description of formal agreements between--
``(A) the local educational agency; and
``(B) correctional facilities and alternative school
programs serving youth involved with the juvenile justice
system to operate programs for delinquent youth;
``(3) as appropriate, a description of how participating
schools will coordinate with facilities working with
delinquent youth to ensure that such youth are participating
in an education program comparable to one operating in the
local school such youth would attend;
``(4) as appropriate, a description of the dropout
prevention program operated by participating schools and the
types of services such schools will provide to at risk youth
in participating schools and youth returning from
correctional facilities;
``(5) as appropriate, a description of the youth expected
to be served by the dropout prevention program and how the
school will be coordinating existing educational programs to
meet unique education needs;
``(6) as appropriate, a description of how schools will
coordinate with existing social and health services to meet
the needs of students at risk of dropping out of school and
other participating students, including prenatal health care
and nutrition services related to the health of the parent
and child, parenting and child development classes, child
care, targeted re-entry and outreach programs, referrals to
community resources, and scheduling flexibility;
``(7) as appropriate, a description of any partnerships
with local businesses to develop training and mentoring
services for participating students;
``(8) as appropriate, a description of how the program will
involve parents in efforts to improve the educational
achievement of their children, assist in dropout prevention
activities, and prevent the involvement of their children in
delinquent activities;
``(9) a description of how the program under this subpart
will be coordinated with other Federal, State, and local
programs, such as programs under the Job Training and
Partnership Act and vocational education programs serving
this at-risk population of youth;
``(10) a description of how the program will be coordinated
with programs operated under the Juvenile Justice and
Delinquency Prevention Act of 1974 and other comparable
programs, if applicable;
``(11) as appropriate, a description of how schools will
work with probation officers to assist in meeting the needs
of youth returning from correctional facilities;
``(12) a description of efforts participating schools will
make to ensure correctional facilities working with youth are
aware of a child's existing individualized education program;
and
``(13) as appropriate, a description of the steps
participating schools will take to find alternative
placements for youth interested in continuing their education
but unable to participate in a regular public school program.
[[Page 2116]]
``SEC. 1424. USES OF FUNDS.
``Funds provided to local educational agencies under this
subpart may be used, where appropriate, for--
``(1) dropout prevention programs which serve youth at
educational risk, including pregnant and parenting teens,
youth who have come in contact with the juvenile justice
system, youth at least one year behind their expected grade
level, migrant youth, immigrant youth, students with limited-
English proficiency and gang members;
``(2) the coordination of health and social services for
such individuals if there is a likelihood that the provision
of such services, including day care and drug and alcohol
counseling, will improve the likelihood such individuals will
complete their education; and
``(3) programs to meet the unique education needs of youth
at risk of dropping out of school, which may include
vocational education, special education, career counseling,
and assistance in securing student loans or grants.
``SEC. 1425. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILITIES
RECEIVING FUNDS UNDER THIS SECTION.
``Each correctional facility entering into an agreement
with a local educational agency under section 1422(a) to
provide services to youth under this section shall--
``(1) where feasible, ensure educational programs in
juvenile facilities are coordinated with the student's home
school, particularly with respect to special education
students with an individualized education program;
``(2) notify the local school of a youth if the youth is
identified as in need of special education services while in
the facility;
``(3) where feasible, provide transition assistance to help
the youth stay in school, including coordination of services
for the family, counseling, assistance in accessing drug and
alcohol abuse prevention programs, tutoring, and family
counseling;
``(4) provide support programs which encourage youth who
have dropped out to reenter school once their term has been
completed or provide such youth with the skills necessary for
such youth to gain employment or seek a secondary school
diploma or its recognized equivalent;
``(5) work to ensure such facilities are staffed with
teachers and other qualified staff who are trained to work
with children with disabilities and other students with
special needs taking into consideration the unique needs of
such children and students;
``(6) ensure educational programs in correctional
facilities are related to assisting students meet high
educational standards;
``(7) use, to the extent possible, technology to assist in
coordinating educational programs between the juvenile
facility and the community school;
``(8) where feasible, involve parents in efforts to improve
the educational achievement of their children and prevent the
further involvement of such children in delinquent
activities;
``(9) coordinate funds received under this program with
other local, State, and Federal funds available to provide
services to participating youth, such as funds under the Job
Training Partnership Act, and vocational education funds;
``(10) coordinate programs operated under this subpart with
activities funded under the Juvenile Justice and Delinquency
Prevention Act of 1974 and other comparable programs, if
applicable; and
``(11) if appropriate, work with local businesses to
develop training and mentoring programs for participating
youth.
``SEC. 1426. ACCOUNTABILITY.
``The State educational agency may--
``(1) reduce or terminate funding for projects under this
section if a local educational agency does not show progress
in reducing dropout rates for male students and for female
students over a 3-year period; and
``(2) require juvenile facilities to demonstrate, after
receiving assistance under this subpart for 3 years, that
there has been an increase in the number of youth returning
to school, obtaining a secondary school diploma or its
recognized equivalent, or obtaining employment after such
youth are released.
``Subpart 3--General Provisions
``SEC. 1431. PROGRAM EVALUATIONS.
``(a) Scope of Evaluation.--Each State agency or local
educational agency that conducts a program under subpart 1 or
2 shall evaluate the program, disaggregating data on
participation by sex, and if feasible, by race, ethnicity,
and age, not less than once every three years to determine
the program's impact on the ability of participants to--
``(1) maintain and improve educational achievement;
``(2) accrue school credits that meet State requirements
for grade promotion and secondary school graduation;
``(3) make the transition to a regular program or other
education program operated by a local educational agency; and
``(4) complete secondary school (or secondary school
equivalency requirements) and obtain employment after leaving
the institution.
``(b) Evaluation Measures.--In conducting each evaluation
under subsection (a), a State agency or local educational
agency shall use multiple and appropriate measures of student
progress.
``(c) Evaluation Results.--Each State agency and local
educational agency shall--
``(1) submit evaluation results to the State educational
agency; and
``(2) use the results of evaluations under this section to
plan and improve subsequent programs for participating
children and youth.
``SEC. 1432. DEFINITIONS.
``For the purpose of this part:
``(1) The term `adult correctional institution' means a
facility in which persons are confined as a result of a
conviction for a criminal offense, including persons under 21
years of age.
``(2) The term `at-risk youth' means school aged youth who
are at risk of academic failure, have drug or alcohol
problems, are pregnant or are parents, have come into contact
with the juvenile justice system in the past, are at least
one year behind the expected grade level for the age of the
youth, have limited-English proficiency, are gang members,
have dropped out of school in the past, or have high
absenteeism rates at school.
``(3) The term `community day program' means a regular
program of instruction provided by a State agency at a
community day school operated specifically for neglected or
delinquent children.
``(4) The term `institution for delinquent children and
youth' means a public or private residential facility for the
care of children who have been adjudicated to be delinquent
or in need of supervision.
``(5) The term `institution for neglected children' means a
public or private residential facility, other than a foster
home, that is operated for the care of children who have been
committed to the institution or voluntarily placed in the
institution under applicable State law, due to abandonment,
neglect, or death of their parents or guardians.
``PART E--FEDERAL EVALUATIONS, DEMONSTRATIONS, AND TRANSITION PROJECTS
``SEC. 1501. EVALUATIONS.
``(a) National Assessment.--
``(1) In general.--The Secretary shall conduct a national
assessment of programs assisted under this title, in
coordination with the ongoing National Evaluation under
subsection (b) that shall be planned, reviewed, and conducted
in consultation with an independent panel of researchers,
State practitioners, local practitioners, and other
appropriate individuals.
``(2) Examination.--The assessment shall examine how well
schools, local educational agencies, and States are--
``(A) progressing toward the goal of all children served
under this title reaching the State's challenging State
content standards and challenging State student performance
standards; and
``(B) accomplishing the purpose set forth in section
1001(d) to achieve the goal described in paragraph (1),
including--
``(i) ensuring challenging State content standards and
challenging State student performance standards for all
children served under this title and aligning the efforts of
States, local educational agencies, and schools to help such
children reach such standards;
``(ii) providing children served under this title an
enriched and accelerated educational program through
schoolwide programs or through additional services that
increase the amount and quality of instructional time that
such children receive;
``(iii) promoting schoolwide reform and access for all
children served under this title to effective instructional
strategies and challenging academic content;
``(iv) significantly upgrading the quality of the
curriculum and instruction by providing staff in
participating schools with substantial opportunities for
professional development;
``(v) using and evaluating the usefulness of opportunity-
to-learn standards or strategies in improving learning in
schools receiving assistance under this part;
``(vi) coordinating services provided under all parts of
this title with each other, with other educational and pupil
services, including preschool services, and, to the extent
feasible, with health and social service programs funded from
other sources;
``(vii) affording parents of children served under this
title meaningful opportunities to participate in the
education of their children at home and at school, such as
the provision of family literacy services;
``(viii) distributing resources to areas where needs are
greatest;
``(ix) improving accountability, as well as teaching and
learning, by making assessments under this title congruent
with State assessment systems; and
``(x) providing greater decisionmaking authority and
flexibility to schools in exchange for greater responsibility
for student performance.
``(3) NAEP information.--Where feasible, the Secretary
shall use information gathered from a variety of sources,
including the National Assessment of Educational Progress,
State evaluations, and available research studies, in
carrying out this subsection.
``(4) Interim and final reports.--The Secretary shall
submit to the President and the appropriate committees of the
Congress an interim report by January 1, 1996, summarizing
the preliminary findings of the assessment and a final report
of the findings of the assessment by January 1, 1998.
``(b) Studies and Data Collection.--
``(1) In general.--The Secretary may collect such data, as
necessary, at the State, local, and school levels and conduct
studies and evaluations, including national studies and
evaluations, to assess on an ongoing basis the effectiveness
of programs under this title and to report on such
effectiveness on a periodic basis. The Secretary shall re-
[[Page 2117]]
port not later than December 31, 1997 to the Committee on
Education and Labor of the House of Representatives and the
Committee on Labor and Human Resources of the Senate on how
schoolwide programs are meeting the needs of children from
migratory families.
``(2) Minimum information.--At a minimum, the Secretary
shall collect trend information on the effect of programs
under this title. Such data shall complement the data
collected and reported under subsections (a) and (c).
``(c) National Evaluation of Part A of Title I.--
``(1) In general.--The Secretary shall carry out an ongoing
evaluation of the program assisted under part A of title I in
order to provide the public, the Congress, and educators
involved in such program, an accurate description of the
short- and long-term effectiveness of such program and to
provide information that can be used to improve such
program's effectiveness in enabling students to meet
challenging State content standards and challenging State
student performance standards, graduate from secondary
school, and make successful transitions to postsecondary
education and work. Such evaluation shall--
``(A) have a longitudinal design that tracks cohorts of
students within schools of differing poverty concentrations
for at least three years which, when the cohorts are taken as
a whole, provides a picture of such program's effectiveness
over the elementary and secondary grades;
``(B) be separate and independent from State and local
assessments and evaluations as required under this title;
``(C) utilize the highest available content standards that
are generally accepted as national in scope;
``(D) provide information on all students, students served
under part A, and, if funds are sufficient, information on
students from low-income families, limited-English-proficient
students, and students with disabilities; and
``(E) when feasible, collect, cross-tabulate, and report
data by sex within race or ethnicity and socioeconomic
status.
``(2) Use.--The Secretary shall use the results of the
evaluation described in paragraph (1) as part of the national
assessment required by subsection (a) and shall report the
data from such evaluation to the Congress and the public at
least as frequently as reports are made under subsection
(a)(4).
``(d) Developmentally Appropriate Measures.--In conducting
the national assessment under subsection (a) and the national
ongoing evaluation under subsection (c), the Secretary shall
use developmentally appropriate measures to assess student
performance and progress.
``(e) Parental Involvement, Study, Report and
Dissemination.--
``(1) In general.--The Secretary, through the Office of
Education Research and Improvement, shall conduct a study to
identify and describe--
``(A) common barriers to effective parental involvement in
the education of participating children; and
``(B) successful local policies and programs which improve
parental involvement and the performance of participating
children.
``(2) Duties of secretary.--The Secretary shall--
``(A) complete such study by December 31, 1996;
``(B) report the findings of such study to the Committee on
Education and Labor of the House of Representatives and to
the Committee on Labor and Human Resources of the Senate; and
``(C) disseminate the findings, relating to the successful
local policies and programs which improve parental
involvement and the performance of participating children, to
local educational agencies.
``SEC. 1502. DEMONSTRATIONS OF INNOVATIVE PRACTICES.
``(a) Demonstration Programs To Improve Achievement.--
``(1) In general.--From the funds appropriated for any
fiscal year under section 1002(g)(2), the Secretary may make
grants to State educational agencies, local educational
agencies, other public agencies, nonprofit organizations,
public or private partnerships involving business and
industry organizations, and consortia of such entities to
carry out demonstration projects that show the most promise
of enabling children served under this title to meet
challenging State content standards and challenging State
student performance standards. Such projects shall include
promising strategies such as--
``(A) accelerated curricula, the application of new
technologies to improve teaching and learning, extended
learning time, and a safe and enriched full-day environment
for children to provide children the opportunity to reach
such standards;
``(B) integration of education services with each other and
with health, family, and other social services such as
mentoring programs, particularly in empowerment zones and
enterprise communities;
``(C) effective approaches to whole school reform;
``(D) programs that have been especially effective with
limited-English-proficient children, migratory children and
other highly mobile students, children leaving institutions
for neglected or delinquent children and returning to school,
and homeless children and youth;
``(E) programs which are especially effective in
recruiting, inducting and retaining highly qualified teachers
for service in schools with low student achievement; and
``(F) programs that are built upon partnerships developed
between elementary and middle schools, employers, and the
community, which emphasize the integration of high quality
academic and vocational learning, stress excellence and high
expectations for success in academic subjects, instill
responsibility, decisionmaking, problem solving,
interpersonal skills, and other compentencies in students,
and make school relevant to the workplace and the community,
through applied and interactive teaching methodologies, team
teaching strategies, learning opportunities connecting
school, the workplace, and the community, and career
exploration, awareness, and career guidance opportunities.
``(2) Evaluation.--The Secretary shall evaluate the
demonstration projects supported under this title, using
rigorous methodological designs and techniques, including
control groups and random assignment, to the extent feasible,
to produce reliable evidence of effectiveness.
``(b) Partnerships.--From funds appropriated under section
1002(g)(2) for any fiscal year, the Secretary may, directly
or through grants or contracts, work in partnership with
State educational agencies, local educational agencies, other
public agencies, and nonprofit organizations to disseminate
and use the highest quality research and knowledge about
effective practices to improve the quality of teaching and
learning in schools assisted under this title.
``SEC. 1503. INNOVATIVE ELEMENTARY SCHOOL TRANSITION
PROJECTS.
``(a) In General.--From the amount appropriated under
section 1002(g)(2), the Secretary shall provide not less than
$10,000,000, but not more than $40,000,000 to support
innovative transition projects in elementary schools
authorized under this section.
``(b) Grants.--
``(1) Local programs.--The Secretary shall award grants to
local educational agencies (including such agencies that
operate Follow Through programs, Even Start, and other
comparable programs) that have formed consortia with early
childhood programs (including Head Start, where available)
for the purpose of supporting projects, for children from
low-income families who previously attended a Head Start
program, Even Start program, or similar preschool program,
which provide education and other services in early
elementary grades.
``(2) Purposes of projects.--The purposes of projects
assisted under this section are to--
``(A) assist eligible children and their families in making
a successful transition from preschool through the early
elementary grades;
``(B) enable eligible children to achieve challenging
academic standards through a model, developmentally
appropriate, instructional program; and
``(C) support the active involvement of parents in the
education of their children.
``(3) Components.--A program assisted under this
subsection--
``(A) shall provide transition to elementary school
activities, such as--
``(i) development of a transition plan for each child which
provides for instruction, support, and assistance through the
third grade;
``(ii) transfer of each child's preschool records to the
elementary school (with parental consent);
``(iii) formal meetings between a child's parent, preschool
teacher, and kindergarten or first grade teacher; and
``(iv) kindergarten visits and other orientation activities
for preschool children prior to enrollment in elementary
school;
``(B) shall use an instructional approach which--
``(i) has been shown to be effective in providing
transition services; or
``(ii) shows promise of providing effective transition
services;
``(C) shall provide for the direct participation of the
parents of such children in the development, operation, and
evaluation of such program;
``(D) shall provide directly or through referral
comprehensive educational, health, nutritional, social, and
other services that aid in the continued development of
eligible children to their full potential;
``(E) shall ensure that each supportive services team
developed pursuant to subsection (c)(8) includes a sufficient
number of family service coordinators to adequately meet the
needs of eligible children and their families; and
``(F) may provide for the use of mentors who are secondary
school students to assist elementary and secondary students
who were formerly enrolled in Head Start or Even Start
programs.
``(c) Applications.--An application for a grant under
subsection (b) shall--
``(1) describe the goals which the applicant plans to
achieve;
``(2) describe the instructional approach the applicant
will use, and the manner in which the applicant will
implement such approach;
``(3) describe the transition to elementary school
activities for which assistance is sought;
``(4) describe the members of the consortium required by
subsection (b)(1);
``(5) shall include evidence that the consortium members
each have performed assessments of their programs to ensure
that such members have the capacity to address the health,
immunization, mental health, nutrition, parenting education,
literacy, social
[[Page 2118]]
service (including substance abuse, education, and
prevention), and educational needs of low-income students and
their families whom the consortium members plan to serve;
``(6) describe how the project will be coordinated with
title I, title VII, and other programs under this Act;
``(7) provide evidence that the proposed transition
activities, instruction, and other services to be provided by
the applicant have been specifically designed to build upon,
and coordinate with, the services provided to eligible
children and their parents by local Heat Start, Even Start,
and other similar preschool programs;
``(8) include--
``(A) a plan for the development of a support services
team, including a family service coordinator, to--
``(i) assist families, administrators, and teachers to
respond to health, immunization, mental health, nutrition,
social service, and educational needs of eligible students;
``(ii) conduct home visits and help students and their
families to obtain health, immunization, mental health,
nutrition, parenting education, literacy, education
(including tutoring and remedial services), and social
services (including substance abuse treatment, education, and
prevention), for which students and their families are
eligible;
``(iii) coordinate a family outreach and support program,
including a plan for involving parents in the management of
the program under subsection (b), in cooperation with
parental involvement efforts undertaken pursuant to this
part, the Head Start Act, and the Individuals with
Disabilities Education Act, including school-parent compacts,
parent volunteer activities, parent education services and
training such as the services and training provided through
the Even Start program, and regular meetings; and
``(iv) assist families, administrators, and teachers in
enhancing developmental continuity between the programs
assisted under the Head Start Act, other early childhood
development programs, and elementary school classes; or
``(B) a description of the comprehensive, coordinated
services currently provided to children eligible for services
under this section;
``(9) designate a member of the support services team
described in paragraph (8) who will serve as the supervisor
of such support services team;
``(10) contain assurances that State agencies, local
agencies, and community-based organizations that provide
support services to low-income students served by the local
educational agency consortium have been consulted in the
preparation of the plan described in paragraph (8);
``(11) contain assurances that State agencies, local
agencies, and community-based organizations that provide
support services to low-income students served by the local
educational agency consortium will designate an individual
who will act as a liaison to the support services team
described in paragraph (8);
``(12) describe the target population to be served by the
support services team described in paragraph (8), including
families previously served under part C of the Head Start
Act, or other comparable early childhood development program;
``(13) describe the support services to be provided,
directly or through referral;
``(14) describe the Federal and non-Federal resources that
will be used to carry out the program;
``(15) contain assurances that the support services
described in paragraph (8) will be equipped to assist
children and families with limited-English proficiency or
with disabilities;
``(16) include a plan describing how the program assisted
under this section will be sustained, with funding received
under part A or other Federal and non-Federal funding
sources, after the grant has expired; and
``(17) contain such other information as the Secretary may
reasonably require.
``(d) National Activities.--
``(1) In general.--Of the amount provided under subsection
(a) to carry out this section, the Secretary shall use not
less than $3,000,000 but not more $5,000,000 to carry out
national activities to evaluate and improve the use of
innovative transition programs.
``(2) Technical assistance and training.-- Of the amount
reserved under paragraph (1), the Secretary shall use not
less than $3,000,000 to award grants to public and private
nonprofit agencies, institutions, and organizations to
provide to consortia which receive grants under subsection
(b)(1) and, to the extent feasible, to schools that are
designated schoolwide programs under section 1114--
``(A) technical assistance in the implementation and
expanded use of model transition and instructional
approaches, including the use of appropriate pedagogy,
efforts to increase parental involvement and providing access
to coordinated services; and
``(B) training in conjunction with the implementation and
operation of such model approaches.
``(3) Coordination and dissemination.--The Secretary, in
cooperation with the Secretary of Health and Human Services,
may promote coordination of activities assisted under this
section with the projects funded under the Head Start
Transition Projects Act, including a process to--
``(A) collect information on program activities and
results; and
``(B) disseminate information on successful transition
programs.
``(4) Evaluation.--(A) The Secretary, in cooperation with
the Secretary of Health and Human Services, is authorized to
award grants, or enter into contracts or cooperative
agreements, to provide for the evaluation of the programs
assisted under this section.
``(B) To the extent practicable, such evaluations shall be
conducted jointly with evaluations of Head Start Transition
Projects.
``(5) Other activities.--The Secretary may undertake other
activities to promote the replication of successful
transition programs.
``(e) Coordination of Regulations.--The Secretary shall
work with the Secretary of Health and Human Services to
coordinate regulations promulgated under this section with
regulations promulgated under the Head Start Act Amendments
of 1994.
``(f) General Provisions.--
``(1) Priority.--In awarding grants under subsection
(b)(1), the Secretary shall give priority to applicants
that--
``(A) will operate a project under this section at a school
designated as a schoolwide program under section 1114;
``(B) serve local educational agencies that have the
highest numbers or percentages of poor children; and
``(C) demonstrate a significant commitment by the community
to the proposed program, as evidenced by the level of
resources, both cash and in-kind, from other public and
private sources available to the consortium.
``(2) Supplement.--An application for assistance under this
section may not be approved unless the Secretary is satisfied
that the services to be provided by the applicant will
supplement, and not supplant, services that previously
provided other Federal assistance.
``(3) Sufficient size.--A grant under subsection (b)(1)
shall be of sufficient size and scope to enable the grantee
to operate a project which meets the requirements of this
section.
``(4) Urban and rural grants.--To the extent practicable,
the Secretary shall award grants under subsection (b)(1) to
consortia in both urban and rural areas.
``(5) Renewal grant.--To be eligible to renew a grant under
the section, an applicant that received assistance under
subsection (b)(1) shall demonstrate that the project achieved
the purposes described in subsection (b)(2).
``(g) Definitions.--As used in this section:
``(1) Family services coordinator.--The term `family
services coordinator' means an individual who has the skills
necessary to assist families in obtaining support services
and may be an existing employee of a local educational agency
or Head Start agency.
``(2) Head start agency.--The term `Head Start agency'
means any agency designated as a Head Start agency under the
Head Start Act (42 U.S.C. 9831 et seq.).
``(3) Support services.--The term `support services' means
services that enhance the physical, social, emotional, and
intellectual development of low-income children, including
the provision of necessary support to the parents and other
family members of such children.
``PART F--GENERAL PROVISIONS
``SEC. 1601. FEDERAL REGULATIONS.
``(a) In General.--The Secretary is authorized to issue
such regulations as are necessary to reasonably ensure that
there is compliance with this title.
``(b) Negotiated Rulemaking Process.--
``(1) In general.--Prior to publishing in the Federal
Register proposed regulations to carry out this title, the
Secretary shall obtain the advice and recommendations of
representatives of Federal, State, and local administrators,
parents, teachers, and members of local boards of education
involved with the implementation and operation of programs
under this title.
``(2) Meetings and electronic exchange.--Such advice and
recommendation may be obtained through such mechanisms as
regional meetings and electronic exchanges of information.
``(3) Proposed regulations.--After obtaining such advice
and recommendations, and prior to publishing proposed
regulations, the Secretary shall--
``(A) establish a negotiated rulemaking process on a
minimum of two key issues, including--
``(i) schoolwide programs; and
``(ii) standards and assessment;
``(B) select individuals to participate in such process
from among individuals or groups which provided advice and
recommendations, including representation from all geographic
regions of the United States; and
``(C) prepare a draft of proposed policy options that shall
be provided to the individuals selected by the Secretary
under subparagraph (A) not less than 15 days prior to the
first meeting under such process.
``(4) Process.--Such process--
``(A) shall be conducted in a timely manner to ensure that
final regulations are issued by the Secretary not later than
July 1, 1995; and
``(B) shall not be subject to the Federal Advisory
Committee Act but shall otherwise follow the provisions of
the Negotiated Rulemaking Act of 1990 (5 U.S.C. 561 et seq.).
``(5) Emergency situation.--In an emergency situation in
which regulations to carry out this title must be issued with
a very limited time to assist State and local educational
agencies with the operation of a program under this title,
the Secretary may
[[Page 2119]]
issue proposed regulations without following such process but
shall, immediately thereafter and prior to issuing final
regulations, conduct regional meetings to review such
proposed regulations.
``(c) Limitation.--Regulations to carry out this part may
not require local programs to follow a particular
instructional model, such as the provision of services
outside the regular classroom or school program.
``SEC. 1602. COORDINATION OF FEDERAL, STATE, AND LOCAL
ADMINISTRATION.
``(a) Program Assistance Manual.--The Secretary shall, not
later than six months after the publication of final
regulations under this title, prepare and distribute to State
educational agencies, State agencies operating programs under
parts C and D, and local educational agencies, and shall make
available to parents and other interested individuals,
organizations, and agencies, a manual for this title to--
``(1) assist such agencies in--
``(A) enhancing the quality, increasing the depth, or
broadening the scope of activities for programs under this
title;
``(B) applying for program funds under this title; and
``(C) meeting the program objectives under this title;
``(2) assist State educational agencies in achieving proper
and efficient administration of programs funded under this
title;
``(3) assist parents to become involved in the planning
for, and implementation and evaluation of, programs and
projects under this title; and
``(4) ensure that officers and employees of the Department,
including officers and employees of the Secretary and
officers and employees of the Department charged with
auditing programs carried on under this title, uniformly
interpret, apply, and enforce requirements under this title
throughout the United States.
``(b) Contents of Policy Manual.--The policy manual shall,
with respect to programs carried out under this title,
contain descriptions, statements, procedural and substantive
rules, opinions, policy statements and interpretations and
indices to and amendments of the foregoing, and in
particular, whether or not such descriptions, statements,
procedural and substantive rules, opinions, policy statements
and interpretations and indices are required under section
552 of title 5, United States Code, to be published or made
available. The manual shall include--
``(1) a statement of the requirements applicable to the
programs carried out under this title, including such
requirements contained in this title, the General Education
Provisions Act, other applicable statutes, and regulations
issued under the authority of such statutes;
``(2) an explanation of the purpose of each requirement and
its interrelationship with other applicable requirements; and
``(3) model forms and instructions developed by the
Secretary for use by State and local educational agencies, at
the discretion of such agencies, including, application
forms, application review checklists, and instruments for
monitoring programs under this title.
``(c) Response to Inquiries.--The Secretary shall respond
with written guidance not later than 90 days after any
written request (return receipt requested) from a State or
local educational agency regarding a policy, question, or
interpretation under this title is received. In the case of a
request from a local educational agency, such agency is
required to address its request to the State educational
agency first.
``SEC. 1603. STATE ADMINISTRATION.
``(a) Rulemaking.--
``(1) In general.--Each State that receives funds under
this title shall--
``(A) ensure that any State rules, regulations, and
policies relating to this title conform to the purposes of
this title and provide any such proposed rules, regulations,
and policies to the committee of practitioners under
subsection (b) for their review and comment;
``(B) minimize such rules, regulations, and policies to
which their local educational agencies and schools are
subject; and
``(C) identify any such rule, regulation, or policy as a
State-imposed requirement.
``(2) Support and facilitation.--State rules, regulations,
and policies under this title shall support and facilitate
local educational agency and school-level systemic reform
designed to enable all children to meet the challenging State
content standards and challenging State student performance
standards.
``(b) Committee of Practitioners.--
``(1) In general.--Each State educational agency shall
create a State committee of practitioners to advise the State
in carrying out its responsibilities under this title.
``(2) Membership.--Each such committee shall include--
``(A) as a majority of its members, representatives from
local educational agencies;
``(B) administrators;
``(C) teachers, including vocational educators;
``(D) parents;
``(E) members of local boards of education;
``(F) representatives of private school children; and
``(G) pupil services personnel.
``(3) Duties.--The duties of such committee shall include a
review, prior to publication, of any proposed or final State
rule or regulation pursuant to this title. In an emergency
situation where such rule or regulation must be issued within
a very limited time to assist local educational agencies with
the operation of the program under this title, the State
educational agency may issue a regulation without prior
consultation, but shall immediately thereafter convene the
State committee of practitioners to review the emergency
regulation prior to issuance in final form.
``(c) Payment for State Administration.--Each State may
reserve for the proper and efficient performance of its
duties under this title the greater of--
``(1) 1.00 percent of the funds received under subsections
(a), (c), and (d) of section 1002; or
``(2) $400,000, or $50,000 in the case of the outlying
areas.
``SEC. 1604. CONSTRUCTION.
``(a) Prohibition of Federal Mandates, Direction or
Control.--Nothing in this title shall be construed to
authorize an officer or employee of the Federal Government to
mandate, direct, or control a State, local educational
agency, or school's specific instructional content or pupil
performance standards and assessments, curriculum, or program
of instruction as a condition of eligibility to receive funds
under this title.
``(b) Equalized Spending.--Nothing in this title shall be
construed to mandate equalized spending per pupil for a
State, local educational agency, or school.
``(c) Building Standards.--Nothing in this title shall be
construed to mandate national school building standards for a
State, local educational agency, or school.
``TITLE II--DWIGHT D. EISENHOWER PROFESSIONAL DEVELOPMENT PROGRAM
``SEC. 2001. FINDINGS.
``The Congress finds as follows:
``(1) Reaching the National Education Goals, particularly
the third, fourth, and fifth National Education Goals,
requires a comprehensive educational reform strategy that
involves parents, schools, government, communities, and other
public and private organizations at all levels.
``(2) A crucial component of the strategy for achieving
such goals is ensuring, through sustained and intensive high-
quality professional development, that all teachers will
provide challenging learning experiences in the core academic
subjects for their students.
``(3) Decisionmaking as to what activities a State or local
educational agency should undertake to improve teaching and
learning are best made by individuals in the schools closest
to the classroom and most knowledgeable about the needs of
schools and students.
``(4) The potential positive impact of high-quality
professional development is underscored by recent research
findings that--
``(A) professional development must be focused on teaching
and learning in order to improve the opportunities of all
students to achieve higher standards;
``(B) effective professional development focuses on
discipline-based knowledge and effective subject-specific
pedagogical skills, involves teams of teachers, and, where
appropriate, administrators and pupil services personnel, in
a school and, through professional networks of teachers, and,
where appropriate, teacher educators, administrators, pupil
services personnel, and parents, is interactive and
collaborative, motivates by its intrinsic content and
relationship to practice, builds on experience and learning-
by-doing, and becomes incorporated into the everyday life of
the school;
``(C) professional development can dramatically improve
classroom instruction and learning when teachers, and, where
appropriate, administrators, pupil services personnel, and
parents, are partners in the development and implementation
of such professional development; and
``(D) new and innovative strategies for teaching to high
standards will require time for teachers, outside of the time
spent teaching, for instruction, practice, and collegial
collaboration.
``(5) Special attention must be given in professional
development activities to ensure that education professionals
are knowledgeable of, and make use of, strategies for serving
populations that historically have lacked access to equal
opportunities for advanced learning and career advancement.
``(6) Professional development is often a victim of budget
reductions in fiscally difficult times.
``(7) The Federal Government has a vital role in helping
States and local educational agencies to make sustained and
intensive high-quality professional development in the core
academic subjects become an integral part of the elementary
and secondary education system.
``(8) Professional development activities must prepare
teachers, pupil services personnel, paraprofessionals and
other staff in the collaborative skills needed to
appropriately teach children with disabilities, in the core
academic subjects.
``(9) Parental involvement is an important aspect of school
reform and improvement. There is a need for special attention
to ensure the effective involvement of parents in the
education of their children. Professional development should
include methods and strategies to better prepare teachers
and, where appropriate, administrators, to enable parents to
participate fully and effectively in their children's
education.
``SEC. 2002. PURPOSES.
``The purposes of this title are to provide assistance to
State and local educational agencies and to institutions of
higher edu-
[[Page 2120]]
cation with teacher education programs so that such agencies
and institutions can determine how best to improve the
teaching and learning of all students by--
``(1) helping to ensure that teachers, and, where
appropriate, other staff and administrators, have access to
sustained and intensive high-quality professional development
that is aligned to challenging State content standards and
challenging State student performance standards, and to
support the development and implementation of sustained and
intensive high-quality professional development activities in
the core academic subjects; and
``(2) helping to ensure that teachers, and, where
appropriate, administrators, other staff, pupil services
personnel, and parents, have access to professional
development that--
``(A) is tied to challenging State content standards and
challenging State student performance standards;
``(B) reflects recent research on teaching and learning;
``(C) includes strong academic content and pedagogical
components;
``(D) incorporates effective strategies, techniques,
methods, and practices for meeting the educational needs of
diverse student populations, including females, minorities,
individuals with disabilities, limited English proficient
individuals, and economically disadvantaged individuals, in
order to ensure that all students have the opportunity to
achieve challenging State student performance standards;
``(E) is of sufficient intensity and duration to have a
positive and lasting impact on the teacher's performance in
the classroom; and
``(F) is part of the everyday life of the school and
creates an orientation toward continuous improvement
throughout the school.
``SEC. 2003. AUTHORIZATION OF APPROPRIATIONS; ALLOCATION
BETWEEN PARTS.
``(a) Authorization of Appropriations.--For the purpose of
carrying out this title, there are authorized to be
appropriated $800,000,000 for fiscal year 1995 and such sums
as may be necessary for each of the four succeeding fiscal
years.
``(b) Allocation Between Parts.--Of the amounts
appropriated to carry out this title for any fiscal year, the
Secretary shall make available--
``(1) 5 percent of such amounts to carry out subpart 1, of
which 5 percent of such 5 percent shall be available to carry
out section 2103;
``(2) 94 percent of such amounts to carry out part B; and
``(3) 1 percent of such amounts to carry out part C except
that such 1 percent shall not exceed $3,200,000 in any fiscal
year.
``PART A--FEDERAL ACTIVITIES
``SEC. 2101. PROGRAM AUTHORIZED.
``(a) In General.--The Secretary is authorized to make
grants to, and enter into contracts and cooperative
agreements with, local educational agencies, educational
service agencies, State educational agencies, State agencies
for higher education, institutions of higher education, and
other public and private agencies, organizations, and
institutions to--
``(1) support activities of national significance that the
Secretary determines will contribute to the development and
implementation of high-quality professional development
activities in the core academic subjects; and
``(2) evaluate activities carried out under this part and
parts B and C, in accordance with section 14701.
``(b) Requirements.--In carrying out the activities
described in subsection (a), the Secretary shall coordinate
professional development programs within the Department,
particularly with those programs within the Office of
Educational Research and Improvement and the Office of
Special Education and Rehabilitative Services, and shall
consult and coordinate with the National Science Foundation,
the National Endowment for the Humanities, the National
Endowment for the Arts, the Institute of Museum Services, and
other appropriate Federal agencies and entities.
``SEC. 2102. AUTHORIZED ACTIVITIES.
``(a) Activities.--The Secretary shall use funds available
to carry out this part for--
``(1) providing seed money to the entities described in
section 2101(a) to develop the capacity of such entities to
offer sustained and intensive high-quality professional
development;
``(2) awarding a grant or contract, in consultation with
the Director of the National Science Foundation, to establish
an Eisenhower National Clearinghouse for Mathematics and
Science Education (hereafter in this section referred to as
the `Clearinghouse'); and
``(3) evaluating programs assisted under this part and
parts B and C, in accordance with section 14701.
``(b) Clearinghouse.--
``(1) Application and award basis.--Each entity desiring to
establish and operate the Clearinghouse authorized by
subsection (a)(2) shall submit an application to the
Secretary at such time, in such manner, and accompanied by
such information as the Secretary may reasonably require. The
grant or contract awarded pursuant to subsection (a)(2) shall
be made on a competitive, merit basis.
``(2) Duration.--The grant or contract awarded under
subsection (a)(2) shall be awarded for a period of five years
and shall be reviewed by the Secretary not later than 30
months from the date the grant or contract is awarded.
``(3) Use of funds.--The grant or contract awarded under
subsection (a)(2) shall be used to--
``(A) maintain a permanent repository of mathematics and
science education instructional materials and programs for
elementary and secondary schools, including middle schools
(including, to the extent practicable, all materials and
programs developed with Federal and non-Federal funds, such
as instructional materials developed by the Department,
materials developed by State and national mathematics and
science programs assisted under this part, and other
instructional materials) for use by the regional consortia
established under part C of title XIII and by the general
public;
``(B) compile information on all mathematics and science
education programs administered by each Federal agency or
department;
``(C) disseminate information, programs, and instructional
materials to the public, dissemination networks, and the
regional consortia established under part C of title XIII;
``(D) coordinate with identifiable and existing data bases
containing mathematics and science curriculum and
instructional materials, including Federal, non-Federal, and,
where feasible, international, data bases;
``(E) participate in collaborative meetings of
representatives of the Clearinghouse and the regional
consortia established under part C of title XIII to discuss
issues of common interest and concern, to foster effective
collaboration and cooperation in acquiring and distributing
curriculum materials and programs, and to coordinate computer
network access to the Clearinghouse and the resources of the
regional consortia, except that not more than 3 percent of
the funds awarded under subsection (a)(2) shall be used to
carry out this subparagraph; and
``(F) gather qualitative and evaluative data on submissions
to the Clearinghouse.
``(4) Submission to clearinghouse.--Each Federal agency or
department which develops mathematics or science education
instructional material or programs, including the National
Science Foundation and the Department, shall submit to the
Clearinghouse copies of such material or programs.
``(5) Peer review.--The Secretary shall establish a peer
review process to select the recipient of the award under
subsection (a)(2).
``(6) Steering committee.--The Secretary may appoint a
steering committee to recommend policies and activities for
the Clearinghouse.
``(7) Application of copyright laws.--Nothing in this
subsection shall be construed to allow the use or copying, in
any media, of any material collected by the Clearinghouse
that is protected under the copyright laws of the United
States unless the permission of the owner of the copyright is
obtained. The Clearinghouse, in carrying out the provisions
of this subsection, shall ensure compliance with title 17,
United States Code.
``(8) Dissemination of information.--The Secretary shall
disseminate information concerning the grant or contract
awarded under this section to State and local educational
agencies and institutions of higher education. Such
dissemination of information shall include examples of
exemplary national programs in mathematics and science
instruction and necessary technical assistance for the
establishment of similar programs.
``(c) Uses of Funds.--The Secretary may use funds available
to carry out this part for--
``(1) the development and maintenance of national
clearinghouses for core academic subjects as the Secretary
determines are needed and which shall be administered as
adjunct clearinghouses of the Educational Resources
Information Center Clearinghouses system of clearinghouses
supported by the Office of Educational Research and
Improvement;
``(2) professional development institutes that provide
teachers or teams of teachers, and, where appropriate,
administrators, pupil services personnel and other staff,
from individual schools, with professional development that
contains strong and integrated disciplinary and pedagogical
components;
``(3) encouraging the development of local and national
professional networks, such as the Teacher Research
Dissemination Demonstration Program under section 941(j) of
the Educational Research, Development, Dissemination, and
Improvement Act of 1994, that provide a forum for interaction
among teachers of the core academic subjects and that allow
the exchange of information on advances in content and
pedagogy;
``(4) efforts to train teachers in the innovative uses and
applications of technology to enhance student learning;
``(5) the development and dissemination of model teaching
standards in the core academic subjects;
``(6) disseminating standards in the core academic
subjects, including information on voluntary national content
standards and voluntary national student performance
standards and related models of high-quality professional
development;
``(7) the dissemination of information about voluntary
national content standards, State content standards,
voluntary national student performance standards and State
student performance standards, and related models of high-
quality professional development;
[[Page 2121]]
``(8) efforts to train teachers in innovative instructional
methodologies designed to meet the diverse learning needs of
individual students, including methodologies which integrate
academic and vocational learning and applied learning,
interactive, interdisciplinary team teaching, and other
alternative teaching strategies, such as service learning,
experiential learning, career-related education, and
environmental education, that integrate real world
applications into the core academic subjects;
``(9) disseminating models of high-quality professional
development activities that train educators in strategies,
techniques, methods, and practices for meeting the
educational needs of historically underserved populations,
including females, minorities, individuals with disabilities,
limited English proficient individuals, and economically
disadvantaged individuals, in order to ensure that all
students have the opportunity to achieve challenging State
student performance standards;
``(10) promoting the transferability of licensure and
certification of teachers and administrators among State and
local jurisdictions;
``(11) supporting the National Board for Professional
Teaching Standards;
``(12) developing activities to prepare teachers, and,
where appropriate, paraprofessionals, pupil services
personnel, and other staff in the collaborative skills needed
to appropriately teach children with disabilities in the core
academic subjects;
``(13) encouraging the development of innovative models for
recruitment, induction, retention, and assessment of new,
highly qualified teachers, especially such teachers from
historically underrepresented groups; and
``(14) joint activities with other Federal agencies and
entities engaged in or supporting similar professional
development efforts.
``SEC. 2103. NATIONAL TEACHER TRAINING PROJECT.
``(a) Short Title; Findings; Definitions.--
``(1) Short title.--This section may be cited as the
`National Teacher Training Project Act of 1994'.
``(2) Findings.--The Congress finds that--
``(A) teachers must be major players in educational reform
in the United States;
``(B) teachers are isolated from their peers and have
virtually no time during the school day to consult with other
teachers;
``(C) there is a shortage of sustained, year-round
professional development programs for teachers;
``(D) successful teaching methods are not adequately shared
among teachers;
``(E) teachers are the best teachers of other teachers
because practicing classroom teachers have experience that no
outside consultant can match;
``(F) it is important for universities and schools to
collaborate on teacher development programs if teaching and
learning are to be improved;
``(G) pertinent research is not shared among teachers in a
professional setting;
``(H) exemplary teachers should be recognized for their
abilities and contributions and encouraged to refine their
teaching methods;
``(I) each State should support a nationally based teacher
training program, that is modeled after the National Writing
Project, for teachers of early childhood education, and for
teachers of core academic subjects including teachers of
mathematics, science, English, civics and government, foreign
languages, and arts;
``(J) the National Writing Project is a nationally
recognized and honored nonprofit organization that recognizes
there are teachers in every region of the United States who
have developed successful methods for teaching writing and
that such teachers can be trained and encouraged to train
other teachers;
``(K) the National Writing Project is a collaborative
university-school program which offers summer and school year
inservice teacher training programs and a dissemination
network to inform and teach teachers regarding developments
in the field of writing;
``(L) each year, over 125,000 teachers voluntarily seek
training in National Writing Project intensive summer
institutes and workshops and school year inservice programs
through one of the 155 sites located within the United
States, and in 18 sites located outside of the United States;
``(M) in the 20 years of its existence, over 1,100,000
teachers, administrators, and parents have participated in
National Writing Project programs;
``(N) less than $16 per teacher was the average cost in
Federal dollars for all teacher training at writing projects
in academic year 1991-1992;
``(O) for every dollar in Federal support, the National
Writing Project provides over $5 in matching funds from
States, local universities and schools, and the private
sector;
``(P) private foundation resources, although generous in
the past concerning National Writing Project programs, are
inadequate to fund all of the National Teacher Training
Project sites needed, and the future of the program is in
jeopardy without secure financial support;
``(Q) the National Writing Project has become a model for
programs in other fields, such as science, mathematics,
history, literature, foreign languages, and the performing
arts, and the development of programs in other fields should
continue with the support of Federal funds; and
``(R) each of the 50 States should participate in the
National Teacher Training Project by establishing regional
teacher training sites in early childhood development,
mathematics, science, English, civics and government, foreign
languages, and arts to serve all teachers within the State.
``(3) Definitions.--For the purpose of this section--
``(A) the term `contractor' means--
``(i) a local educational agency;
``(ii) an educational service agency; or
``(iii) an institution of higher education that awards a
bachelor's degree; and
``(B) the term `eligible recipient' means a nonprofit
educational organization which has as its primary purpose the
improvement of student learning in one of the core academic
subjects described in subsection (b)(2).
``(b) Grants Authorized.--
``(1) Grants to eligible recipients.--The Secretary is
authorized to award a grant to an eligible recipient to
enable such recipient--
``(A) to support and promote the establishment of teacher
training programs in early childhood development and one of
the nine core subject areas described in paragraph (2),
including the dissemination of effective practices and
research findings regarding teacher training, and
administrative activities;
``(B) to support classroom research on effective teaching
practices in such area; and
``(C) to pay the Federal share of the cost of such programs
and research.
``(2) Core subject areas.--To the extent feasible, the
Secretary shall award a grant under paragraph (1) for the
establishment of a National Teacher Training Project in early
childhood development and each of the following core subject
areas:
``(A) Mathematics.
``(B) Science.
``(C) English.
``(D) Civics and government.
``(E) Foreign languages.
``(F) Arts.
``(G) Geography.
``(H) History.
``(I) Economics.
``(3) Number of grants and eligible recipients.--The
Secretary shall award not more than ten grants under
paragraph (1) to ten different eligible recipients.
``(4) Equitable distribution.--The Secretary shall award
grants under paragraph (1) to eligible recipients from
different geographic areas of the United States.
``(5) Special rule.--Each grant under paragraph (1) shall
be of sufficient size, scope, and quality to be effective.
``(6) Administrative costs and technical assistance.--Each
eligible recipient receiving a grant under paragraph (1) may
use not more than a total of 5 percent of the grant funds for
administrative costs and the costs of providing technical
assistance to a contractor.
``(c) Grant Requirements.--Each eligible recipient
receiving a grant under subsection (b) shall--
``(1) enter into a contract with a contractor under which
such contractor agrees--
``(A) to establish, operate, and provide the non-Federal
share of the cost of teacher training programs in effective
approaches and processes for the teaching of the core
academic subjects for which such eligible recipient was
awarded a grant, including approaches and processes to obtain
parental involvement in a child's education; and
``(B) to use funds received from the eligible recipient to
pay the Federal share of the cost of establishing and
operating teacher training programs described in subparagraph
(A);
``(2) to submit annual reports to the Secretary and be
responsible for oversight of the funds expended at each
teacher training program described in subparagraph (A); and
``(3) meet such other conditions and standards as the
Secretary determines to be necessary to ensure compliance
with this section and provide such technical assistance as
may be necessary to carry out this section.
``(d) Teacher Training Programs.--The teacher training
programs described in subsection (b) shall--
``(1) be conducted during the school year and during the
summer months;
``(2) train teachers who teach grades kindergarten through
college;
``(3) select teachers to become members of a National
Teacher Training Project, which members shall conduct
inservice workshops for other teachers in the area subject
matter served by the National Teacher Training Project site;
``(4) use teacher training principles and receive technical
assistance from the National Writing Project; and
``(5) encourage teachers from all disciplines to
participate in such teacher training programs.
``(e) Federal Share.--The term `Federal share' means, with
respect to the costs of teacher training programs described
in subsection (b), 50 percent of such costs to the
contractor.
``(f) Application.--Each eligible recipient desiring a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by
such information as the Secretary may reasonably require.
``(g) Participants and Selection Process.--The selection
process for participation in a teacher training program
described in subsection (b) shall--
``(1) reward exemplary teachers with varying levels of
teaching experience who are nominated by other teachers and
administrators;
``(2) involve an application process to select participants
for a summer program;
[[Page 2122]]
``(3) ensure the selection of a geographically and
ethnically diverse group of teachers by soliciting
applications from teachers of both public and private
institutions in rural, urban, and suburban settings in each
State; and
``(4) automatically offer a place in a summer program to
the `Teacher of the Year' chosen pursuant to a Federal or
State teacher recognition program.
``(h) Limitation.--A contractor entering into a contract
under subsection (c)(1) shall not spend more than 5 percent
of funds received under the contract for administrative
costs.
``PART B--STATE AND LOCAL ACTIVITIES
``SEC. 2201. PROGRAM AUTHORIZED.
``The Secretary is authorized to make grants to State
educational agencies for the improvement of teaching and
learning through sustained and intensive high-quality
professional development activities in the core academic
subjects at the State and local levels.
``SEC. 2202. ALLOCATION OF FUNDS.
``(a) Reservation of Funds.--From the amount available to
carry out this part for any fiscal year, the Secretary shall
reserve--
``(1) \1/2\ of 1 percent for the outlying areas, to be
distributed among the outlying areas on the basis of their
relative need, as determined by the Secretary in accordance
with the purposes of this part; and
``(2) \1/2\ of 1 percent for the Secretary of the Interior
for programs under this part for professional development
activities for teachers, other staff, and administrators in
schools operated or funded by the Bureau of Indian Affairs.
``(b) State Allocations.--The Secretary shall allocate the
amount available to carry out this part and not reserved
under subsection (a) to each of the 50 States, the District
of Columbia, and the Commonwealth of Puerto Rico as follows,
except that no State shall receive less than \1/2\ of 1
percent of such amount:
``(1) Fifty percent shall be allocated among such
jurisdictions on the basis of their relative populations of
individuals aged five through 17, as determined by the
Secretary on the basis of the most recent satisfactory data.
``(2) Fifty percent shall be allocated among such
jurisdictions in accordance with the relative amounts such
jurisdictions received under part A of title I for the
preceding fiscal year, or for fiscal year 1995 only, such
part's predecessor authority.
``(c) Reallocation.--If any jurisdiction does not apply for
an allotment under subsection (b) for any fiscal year, the
Secretary shall reallocate such amount to the remaining
jurisdictions in accordance with such subsection.
``SEC. 2203. WITHIN-STATE ALLOCATIONS.
``Of the amounts received by a State under this part for
any fiscal year--
``(1) 84 percent shall be available for local allowable
activities under section 2210(b), of which--
``(A) not more than 5 percent may be used for the
administrative costs of the State educational agency and for
State-level activities described in section 2207; and
``(B) of the remaining amount--
``(i) 50 percent shall be distributed to local educational
agencies--
``(I) for use in accordance with section 2210; and
``(II) in accordance with the relative enrollments in
public and private nonprofit elementary and secondary schools
within the boundaries of such agencies; and
``(ii) 50 percent of such amount shall be distributed to
local educational agencies--
``(I) for use in accordance with section 2210; and
``(II) in accordance with the relative amount such agencies
received under part A of title I or for fiscal year 1995 for
the preceding fiscal year, such part's predecessor authority;
and
``(2) 16 percent shall be available to the State agency for
higher education for activities under section 2211, of which
not more than 5 percent may be used for the administrative
costs of the State agency for higher education.
``SEC. 2204. CONSORTIUM REQUIREMENT.
``(a) In General.--A local educational agency receiving a
grant under this part of less than $10,000 shall form a
consortium with another local educational agency or an
educational service agency serving another local educational
agency to be eligible to participate in programs assisted
under this part.
``(b) Waiver.--The State educational agency may waive the
application of paragraph (1) in the case of any local
educational agency that demonstrates that the amount of its
allocation under this part is sufficient to provide a program
of sufficient size, scope, and quality to be effective. In
granting waivers under the preceding sentence, the State
educational agency shall--
``(1) give special consideration to local educational
agencies serving rural areas if distances or traveling time
between schools make formation of the consortium more costly
or less effective; and
``(2) consider cash or in-kind contributions provided from
State or local sources that may be combined with the local
educational agency's allocation for the purpose of providing
services under this part.
``(c) Special Rule.--Each consortium shall rely, as much as
possible, on technology or other arrangements to provide
staff development programs tailored to the needs of each
school or school district participating in a consortium
described in subsection (a).
``SEC. 2205. STATE APPLICATIONS.
``(a) Applications Required.--Each State educational agency
that wishes to receive an allotment under this part for any
fiscal year shall submit an application to the Secretary at
such time, in such form, and containing such information as
the Secretary may require.
``(b) State Plan To Improve Teaching and Learning.--
``(1) In general.--Each application under this section
shall include a State plan that is coordinated with the
State's plan under other programs assisted under this Act,
the Goals 2000: Educate America Act, and other Acts, as
appropriate, consistent with the provisions of section 14306.
``(2) Contents.--Each such State plan shall--
``(A) be developed in conjunction with the State agency for
higher education, community-based and other nonprofit
organizations of demonstrated effectiveness, institutions of
higher education or schools of education, and with the
extensive participation of local teachers, administrators and
pupil services personnel and show the role of each such
entity in implementation of the plan;
``(B) be designed to give teachers, and, where appropriate,
administrators and pupil services personnel in the State, the
knowledge and skills necessary to provide all students the
opportunity to meet challenging State content standards and
challenging State student performance standards;
``(C) include an assessment of State and local needs for
professional development specifically related to subparagraph
(B);
``(D) include a description of how the plan has assessed
the needs of local educational agencies serving rural and
urban areas, and what actions are planned to meet such needs;
``(E) include a description of how the activities assisted
under this part will address the needs of teachers in schools
receiving assistance under part A of title I;
``(F) a description of how programs in all core academic
subjects, but especially in mathematics and science, will
take into account the need for greater access to, and
participation in, such disciplines by students from
historically underrepresented groups, including females,
minorities, individuals with limited English proficiency, the
economically disadvantaged, and individuals with
disabilities, by incorporating pedagogical strategies and
techniques which meet such individuals' educational needs;
``(G) be consistent with the State's needs assessment under
subparagraph (C), and describe how the State will work with
teachers, including teachers in schools receiving assistance
under part A of title I, administrators, parents, local
educational agencies, schools, educational service agencies,
institutions of higher education, and nonprofit organizations
of demonstrated effectiveness, to ensure that such
individuals develop the capacity to support sustained and
intensive, high-quality professional development programs in
the core academic subjects;
``(H) describe how the State requirements for licensure of
teachers and administrators, including certification and
recertification, support challenging State content standards
and challenging State student performance standards and
whether such requirements are aligned with such standards;
``(I) address the need for improving teaching and learning
through teacher development beginning with recruitment,
preservice, and induction, and continuing throughout the
professional teaching career, taking into account the need,
as determined by the State, for greater access to and
participation in the teaching profession by individuals from
historically underrepresented groups;
``(J) describe how the State will prepare all teachers to
teach children with diverse learning needs, including
children with disabilities;
``(K) describe how the State will prepare teachers, and,
where appropriate, paraprofessionals, pupil services
personnel, and other staff in the collaborative skills needed
to appropriately teach children with disabilities, in the
core academic subjects;
``(L) describe how the State will use technology, including
the emerging national information infrastructure, to enhance
the professional development of teachers, and, where
appropriate, administrators and pupil services personnel;
``(M) describe how the State will provide incentives to
teachers and administrators to focus their professional
development on preparing such teachers and administrators to
provide instruction consistent with challenging State content
standards and challenging State student performance
standards;
``(N) set specific performance indicators for professional
development; and
``(O) describe how parents can be involved in professional
development programs to enhance the participation of parents
in the education of their children.
``(3) Duration of the plan.--Each such State plan shall--
``(A) remain in effect for the duration of the State's
participation under this part; and
``(B) be periodically reviewed and revised by the State, as
necessary, to reflect changes in the State's strategies and
programs under this part.
``(c) Additional Material.--Each State application shall
include--
``(1) a description of how the activities assisted under
this part will be coordinated, as appropriate, with--
``(A) other activities conducted with Federal funds,
especially activities supported
[[Page 2123]]
under part A of title I of this Act and the Individuals with
Disabilities Education Act;
``(B) programs supported by State and local funds;
``(C) resources from business and industry, museums,
libraries, educational television stations, and public and
private nonprofit organizations of demonstrated experience;
and
``(D) funds received from other Federal agencies, such as
the National Science Foundation, the Departments of Commerce,
Energy, and Health and Human Services, the National Endowment
for the Arts, the Institute of Museum Services, and the
National Endowment for the Humanities; and
``(2) a description of the activities to be sponsored under
the State-level activities under section 2207 and the higher
education activities under section 2211.
``(d) Peer Review and Secretarial Approval.--
``(1) In general.--The Secretary shall approve an
application of a State educational agency under this section
if such application meets the requirements of this section
and holds reasonable promise of achieving the purposes of
this part.
``(2) Review.--In reviewing applications under this
section, the Secretary shall obtain the advice of non-Federal
experts on education in the core academic subjects and on
teacher education, including teachers and administrators.
``SEC. 2206. PRIORITY FOR PROFESSIONAL DEVELOPMENT IN
MATHEMATICS AND SCIENCE.
``(a) Appropriation of Less Than $250,000,000.--In any
fiscal year for which the amount appropriated for this title
is less than $250,000,000, each State shall ensure that all
funds distributed in accordance with section 2203(1)(C) are
used for professional development in mathematics and science.
``(b) Appropriation Equal To or Above $250,000,000.--In any
fiscal year for which the amount appropriated for this title
is equal to or exceeds $250,000,000, each State and local
educational agency shall use for professional development
activities in mathematics and science the amount of funds
that would have been made available to each such agency in
accordance with sections 2202 and 2203 if the amount
appropriated was $250,000,000, consistent with subsection
(a), and are permitted and encouraged to use the amount of
funds in excess of $250,000,000 that is made available in
accordance with sections 2202 and 2203 for professional
development activities in mathematics and science.
``SEC. 2207. STATE LEVEL ACTIVITIES.
``Each State may use funds made available under section
2203(1)(A) to carry out activities described in the plan
under section 2205(b), such as--
``(1) reviewing and reforming State requirements for
teacher and administrator licensure, including certification
and recertification, to align such requirements with the
State's challenging State content standards and ensure that
teachers and administrators have the knowledge and skills
necessary to help students meet challenging State student
performance standards;
``(2) developing performance assessments and peer review
procedures, as well as other methods, for licensing teachers
and administrators;
``(3) providing technical assistance to schools and local
educational agencies, especially schools and local
educational agencies that receive assistance under part A of
title I, to help such schools and agencies provide effective
professional development in the core academic subjects;
``(4) developing or supporting professional development
networks, either within a State or in a regional consortium
of States, that provide a forum for interaction among
teachers and that allow exchange of information on advances
in content and pedagogy;
``(5) supporting partnerships between schools, consortia of
schools, or local educational agencies and institutions of
higher education, including schools of education, which
encourage--
``(A) teachers to participate in intensive, ongoing
professional development programs, both academic and
pedagogical, at institutions of higher education; and
``(B) students at institutions of higher education studying
to become teachers to have direct, practical experience at
the schools;
``(6) providing professional development in the effective
use of educational technology as an instructional tool for
increasing student understanding of the core academic
subjects, including efforts to train teachers in methods of
achieving gender equity both in students' access to computers
and other educational technology and in teaching practices
used in the application of educational technology;
``(7) providing incentives for teachers to be involved in
assessment, curriculum development, and technical assistance
processes for teachers and students;
``(8) providing professional development to enable
teachers, and, where appropriate, pupil services personnel,
and other school staff, to ensure that girls and young women,
minorities, limited English proficient students, individuals
with disabilities, and economically disadvantaged students
have the full opportunity to achieve to challenging State
content standards and challenging State student performance
standards in the core academic subjects by, for example,
encouraging girls and young women and minorities to pursue
advanced courses in mathematics and science;
``(9) professional development and recruitment activities
designed to increase the numbers of minorities, individuals
with disabilities, and women teaching in the core academic
subjects in which such individuals are underrepresented;
``(10) providing financial or other incentives for teachers
to become certified by nationally recognized professional
teacher enhancement organizations;
``(11) providing professional development activities which
prepare teachers, and where appropriate, pupil services
personnel, paraprofessionals, and other staff in the
collaborative skills needed to appropriately teach children
with disabilities, in the core academic subjects;
``(12) identifying, developing, or supporting professional
development strategies to better equip parents to assist
their children in raising their children's achievement in the
core academic subjects;
``(13) professional development activities designed to
increase the number of women and other underrepresented
groups in the administration of schools;
``SEC. 2208. LOCAL PLAN AND APPLICATION FOR IMPROVING
TEACHING AND LEARNING.
``(a) Local Application.--
``(1) In general.--Each local educational agency that
wishes to receive a subgrant under this part shall submit an
application (singly or as a consortium as described in
section 2204) to the State educational agency at such time as
the State educational agency shall require, but not less
frequently than every three years, that is coordinated with
other programs under this Act, the Goals 2000: Educate
America Act, or other Acts, as appropriate, consistent with
the provisions of section 14306..
``(2) Indicators.--A local educational agency shall set
specific performance indicators for improving teaching and
learning through professional development.
``(b) Needs Assessment.--
``(1) In general.--A local educational agency that wishes
to receive a subgrant under this part shall include in its
application an assessment of local needs for professional
development as identified by the local educational agency and
school staff.
``(2) Requirements.--Such needs assessment shall be carried
out with the involvement of teachers, including teachers in
schools receiving assistance under part A of title I, and
shall take into account what activities need to be conducted
in order to give teachers and, where appropriate,
administrators, the means, including the knowledge and
skills, to provide students with the opportunity to meet
challenging State or local student performance standards.
``(c) Application Contents.--Each application under this
section shall include the local educational agency's plan for
professional development that--
``(1) focuses on teaching and learning in the core academic
subjects; and
``(2) has been developed with the extensive participation
of administrators, staff, and pupil services personnel, which
teachers shall also be representative of the grade spans
within schools to be served and of schools which receive
assistance under part A of title I.
``(d) Plan Contents.--
``(1) In general.--Based on the needs assessment required
under subsection (b), the local educational agency's plan
shall--
``(A) include a description of how the plan contributes to
the local educational agency's overall efforts for school
reform and educational improvement;
``(B) include a description of how the activities funded
under this section will address the needs of teachers in
schools receiving assistance under part A of title I;
``(C) be aligned with the State's challenging State content
standards and challenging State student performance
standards;
``(D) describe a strategy, tied to challenging State
content standards and challenging State student performance
standards, consistent with the needs assessment under
subsection (b);
``(E) be of sufficient intensity and duration to have a
positive and lasting impact on the student's performance in
the classroom;
``(F) describe how programs in all core academic subjects,
but especially in mathematics and science, will take into
account the need for greater access to, and participation in,
such disciplines by students from historically
underrepresented groups, including girls and women,
minorities, individuals with limited English proficiency, the
economically disadvantaged, and individuals with
disabilities, by incorporating pedagogical strategies and
techniques which meet such individuals' educational need;
``(G) contain an assurance that the activities conducted
with funds received under this part will be assessed at least
every three years using the performance indicators;
``(H) describe how the program funded under this part will
be coordinated, as appropriate, with--
``(i) activities conducted under section 2131 and other
services of institutions of higher education;
``(ii) similar State and local activities;
``(iii) resources provided under part A of title I and
other provisions of this Act;
``(iv) resources from business, industry, public and
private nonprofit organizations (including museums,
libraries, educational television stations, community-based
organizations, professional organizations and associations
specializing in, or with a demonstrated expertise in the core
academic subjects);
``(v) funds or programming from other Federal agencies,
such as the National Science Foundation, the Department of
Energy, the
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Department of Health and Human Services, the Institute of
Museum Services, the National Endowment for the Humanities,
and the National Endowment for the Arts;
``(vi) services of educational service agencies; and
``(vii) resources provided under the Individuals with
Disabilities Education Act;
``(I) identify the sources of funding that will provide the
local educational agency's contribution under section 2209;
and
``(J) describe the professional development strategies to
be employed to more fully and effectively involve parents in
the education of their children.
``(2) Duration of the plan.--Each local plan described in
subsection (b)(1) shall--
``(A) remain in effect for the duration of the local
educational agency's participation under this part; and
``(B) be periodically reviewed and revised by the local
educational agency, as necessary, to reflect changes in the
local educational agency's strategies and programs under this
part.
``SEC. 2209. LOCAL COST-SHARING.
``(a) In General.--Each local educational agency shall
provide not less than 33 percent of the cost of the
activities assisted under this part, excluding the cost of
services provided to private school teachers.
``(b) Available Resources for Cost-Sharing.--
``(1) In general.--A local educational agency may meet the
requirement of subsection (a) through one or more of the
following:
``(A) Cash expenditures from non-Federal sources, including
private contributions, directed toward professional
development activities.
``(B) Release time for teachers participating in
professional development assisted under this part.
``(C) Funds received under one or more of the following
programs, so long as such funds are used for professional
development activities consistent with this part and the
statutes under which such funds were received, and are used
to benefit students and teachers in schools that otherwise
would have been served with such funds:
``(i) helping disadvantaged children meet high standards
under part A of title I.
``(ii) The Safe and Drug-Free Schools and Communities
program under title IV.
``(iii) Bilingual Education Programs under part A of title
VII.
``(iv) Programs under the Women's Educational Equity Act of
1994.
``(v) Programs under title III of the Goals 2000: Educate
America Act.
``(vi) Programs that are related to the purposes of this
Act that are administered by other Federal agencies,
including the National Science Foundation, the National
Endowment for the Humanities, the National Endowment for the
Arts, the Institute of Museum Services, and the Department of
Energy.
``(vii) Programs under the Individuals with Disabilities
Education Act.
``(2) Special rule.--A local educational agency may meet
the requirement of subsection (a) through contributions
described in paragraph (1) that are provided in cash or in
kind, fairly evaluated.
``(c) Waiver.--The State educational agency may approve an
application which has not fully met the requirements of
subsection (a) and waive the requirements of subsection (a)
if a local educational agency can demonstrate that such
agency is unable to meet the requirements of subsection (a)
due to economic hardship and that compliance with such
requirements would preclude such agency's participation in
the program.
``SEC. 2210. LOCAL ALLOCATION OF FUNDS AND ALLOWABLE
ACTIVITIES.
``(a) Local Allocation of Funds.--Each local educational
agency that receives funds under this part for any fiscal
year--
``(1) shall use not less than 80 percent of such funds for
professional development of teachers, and, where appropriate,
administrators, and, where appropriate, pupil services
personnel, parents, and other staff of individual schools in
a manner that--
``(A) is determined by such teachers and staff;
``(B) to the extent practicable, takes place at the
individual school site; and
``(C) is consistent with the local educational agency's
application under section 2208, any school plan under part A
of title I, and any other plan for professional development
carried out with Federal, State, or local funds that
emphasizes sustained, ongoing activities; and
``(2) may use not more than 20 percent of such funds for
school district-level professional development activities,
including, where appropriate, the participation of
administrators, policymakers, and parents, if such activities
directly support instructional personnel.
``(b) Authorized Activities.--
``(1) In general.--Each local educational agency and school
that receives funds under this part shall use such funds for
activities that give teachers and administrators the
knowledge and skills to provide students with the opportunity
to meet challenging State or local content standards and
student performance standards.
``(2) Professional development activities.--Professional
development activities funded under this part shall--
``(A) be tied to challenging State content standards or
challenging local content standards, and challenging State
student performance standards or challenging local student
performance standards;
``(B) take into account recent research on teaching and
learning;
``(C) provide professional development which incorporates
effective strategies, techniques, methods, and practices for
meeting the educational needs of diverse groups of students,
including girls and women, minorities, individuals with
disabilities, limited English proficient individuals, and
economically disadvantaged individuals;
``(D) include strong academic content and pedagogical
components; and
``(E) be of sufficient intensity and duration to have a
positive and lasting impact on the teacher's performance in
the classroom.
``(3) Activities.--Funds under this part may be used for
professional development activities such as--
``(A) professional development for teams of teachers, and,
where appropriate, administrators, pupil services personnel,
or other staff from individual schools, to support teaching
consistent with challenging State content standards and
challenging State student performance standards;
``(B) support and time, which in the case of teachers may
include release time with pay, for teachers, and, where
appropriate, pupil services personnel and other school staff
to enable such teachers, personnel, and staff to participate
in professional development in the core academic subjects
that are offered through professional associations,
universities, community-based organizations, and other
providers, such as educational partnership organizations,
science centers, and museums;
``(C) activities that provide followup for teachers who
have participated in professional development activities that
are designed to ensure that the knowledge and skills learned
by the teacher are implemented in the classroom;
``(D) support for partnerships between schools, consortia
of schools, or local educational agencies, and institutions
of higher education, including schools of education, which
partnerships shall encourage--
``(i) teachers to participate in intensive, ongoing
professional development programs, both academic and
pedagogical, at institutions of higher education; and
``(ii) students at institutions of higher education
studying to become teachers to have direct, practical
experience at schools;
``(E) the establishment and maintenance of local
professional networks that provide a forum for interaction
among teachers and that allow exchange of information on
advances in content and pedagogy;
``(F) preparing teachers in the effective use of
educational technology and assistive technology as
instructional tools for increasing student understanding of
the core academic subjects;
``(G) professional development to enable teachers, and,
where appropriate, pupil services personnel and other school
staff, to ensure that girls and young women, minorities,
limited English proficient students, individuals with
disabilities, and the economically disadvantaged have full
opportunity to achieve the challenging State content
standards and challenging State student performance standards
in the core academic subjects;
``(H) professional development and recruitment activities
designed--
``(i) to increase the number of minorities, individuals
with disabilities, and females teaching in the core academic
subjects in which such individuals are underrepresented; and
``(ii) to increase the numbers of women and members of
other underrepresented groups who are science and mathematics
teachers, through such programs as career ladder programs
that assist educational paraprofessionals to obtain teaching
credentials in the core academic subjects;
``(I) providing financial or other incentives for teachers
to become certified by nationally recognized professional
teacher enhancement programs;
``(J) support and time for teachers, and, where
appropriate, pupil services personnel, and other school staff
to learn and implement effective collaboration for the
instruction of children with disabilities in the core
academic subject areas;
``(K) preparing teachers, and, where appropriate, pupil
services personnel to work with parents and families on
fostering student achievement in the core academic subjects;
``(L) professional development activities and other support
for new teachers as such teachers move into the classroom to
provide such teachers with practical support and to increase
the retention of such teachers;
``(M) professional development for teachers, parents, early
childhood educators, administrators, and other staff to
support activities and services related to preschool
transition programs to raise student performance in the core
academic subjects;
``(N) professional development activities to train teachers
in innovative instructional methodologies designed to meet
the diverse learning needs of individual students, including
methodologies which integrate academic and vocational
learning and applied learning, interactive and
interdisciplinary team teaching, and other alternative
teaching strategies such as service learning, experiential
learning, career-related education, and environmental
education, that integrate real world applications into the
core academic subjects;
``(O) developing professional development strategies and
programs to more effectively involve parents in helping their
children achieve in the core academic subjects;
[[Page 2125]]
``(P) professional development activities designed to
increase the number of women and other underrepresented
groups in the administration of schools; and
``(Q) release time with pay for teachers.
``SEC. 2211. HIGHER EDUCATION ACTIVITIES.
``(a) Activities.--
``(1) In general.--From amounts made available under
section 2203(2), the State agency for higher education,
working in conjunction with the State educational agency (if
such agencies are separate), shall make grants to, or enter
into contracts or cooperative agreements with, institutions
of higher education and nonprofit organizations of
demonstrated effectiveness, including museums and educational
partnership organizations, which must work in conjunction
with a local educational agency, consortium of local
educational agencies, or schools, for--
``(A) professional development activities in the core
academic subjects that contribute to the State plan for
professional development;
``(B) developing and providing assistance to local
educational agencies, and the teachers and staff of each such
agency, for sustained, high-quality professional development
activities; and
``(C) improving teacher education programs in order to
promote further innovation in teacher education programs
within an institution of higher education and to better meet
the needs of the local educational agencies for well-prepared
teachers.
``(2) Competitive basis.--Each grant, contract, or
cooperative agreement described in paragraph (1) shall be
awarded on a competitive basis.
``(3) Special rule.--No institution of higher education may
receive assistance under (a)(1) of this subsection unless the
institution enters into an agreement with a local educational
agency, or consortium of such agencies, to provide sustained,
high-quality professional development for the elementary and
secondary school teachers in the schools of each such agency.
``(4) Joint efforts.--Each activity assisted under this
section, where applicable, shall involve the joint effort of
the institution of higher education's school or department of
education, if any, and the schools or departments in the
specific disciplines in which such professional development
will be provided.
``(b) Allowable Activities.--A recipient of funds under
this section shall use such funds for--
``(1) sustained and intensive high-quality professional
development for teams of teachers, or teachers, and, where
appropriate, pupil services personnel and administrators from
individual schools or school districts;
``(2) other sustained and intensive professional
development activities related to achievement of the State
plan for professional development; and
``(3) preservice training activities.
``(c) Partnerships.--Each institution of higher education
receiving a grant under this section may also enter into a
partnership with a private industry, museum, library,
educational television station, or public or private
nonprofit organization of demonstrated experience to carry
out professional development activities assisted under this
section.
``PART C--PROFESSIONAL DEVELOPMENT DEMONSTRATION PROJECT
``SEC. 2301. FINDINGS AND PURPOSE.
``(a) Findings.--The Congress finds that--
``(1) underlying the standards-driven framework of the
Goals 2000: Educate America Act and the high academic
standards for eligible students under title I is a widespread
need to prepare teachers to teach to higher standards;
``(2) prospective and current teachers need knowledge and
skills beyond what such teachers currently possess;
``(3) while both the Goals 2000: Educate America Act and
titles I and II of this Act have extensive references to
professional development of teachers, there are no provisions
to incorporate `on-the-ground' planning and implementation to
serve as models for local educational agencies across the
Nation; and
``(4) better prepared teachers can lead to improved student
achievement, especially for students who are furthest from
reaching high standards.
``(b) Purpose.--It is the purpose of this part--
``(1) to address the need for professional development with
a primary focus on teachers;
``(2) to provide both prospective teachers and current
teachers opportunities to learn both the content and the
pedagogy needed to teach to high standards; and
``(3) to build models, in a few cities and States, that
demonstrate new organizational arrangements and deep
investments in teachers necessary to better prepare teachers
for new standards and assessments.
``SEC. 2302. DEMONSTRATION PROGRAM AUTHORIZED.
``(a) General Authority.--
``(1) In general.--The Secretary shall carry out a
demonstration project under which the Secretary awards grants
in accordance with this part to eligible partnerships to
enable such partnerships to plan and implement professional
development programs.
``(2) Program requirements.--The programs described in
paragraph (1)--
``(A) shall focus on increasing teachers' knowledge and
understanding of content by providing teachers opportunities
to improve their knowledge and to improve their classroom
practice in order to help students meet high academic
standards;
``(B) shall include teachers at all career stages, from
student teachers or interns through senior team leaders or
department chairs; and
``(C) may incorporate professional development for
principals, pupil services personnel, aides, other school-
based staff, and parents.
``(b) Eligible Partnerships.--For the purpose of this part,
the term `eligible partnership' means a partnership
consisting of--
``(1) a local educational agency, a subunit of such agency,
or a consortium of such agencies, in which not less than 50
percent of the schools served by such agency, subunit, or
consortium are eligible to participate in schoolwide programs
under section 1114; or
``(2) other partners that--
``(A) shall include, at a minimum, a teachers' union (if
appropriate), one or more institutions of higher education
which may include faculty from schools of education and
faculty from schools of arts and sciences, and a local parent
or community council; and
``(B) may include a business partner or a nonprofit
organization with a demonstrated record in staff development.
``SEC. 2303. GRANTS.
``(a) Authority.--
``(1) In general.--The Secretary shall award grants for
planning, and grants for the implementation of, professional
development programs under this part.
``(2) Distribution.--The Secretary shall award not less
than 75 percent of the funds available for grants under this
part to eligible partnerships serving the schools with the
greatest number of poor students. To the extent possible,
such grants shall be awarded to eligible partnerships serving
both rural and urban school districts and in a manner that
reflects geographic and racial diversity.
``(3) Number of grants.--In the first year that the
Secretary awards grants under this part, the Secretary shall
award at least twice as many planning grants as
implementation grants in order to receive well-developed
plans for long-term funding under this part.
``(b) Grant Requirements.--
``(1) Duration.--The Secretary shall award--
``(A) planning grants under this part for a period of not
less than six months and not more than nine months; and
``(B) implementation grants under this part for a period of
four fiscal years.
``(2) Amount.--The Secretary shall award grants under this
part in an amount determined on the basis of the size of the
program and the level of investment the eligible partnership
is making in teacher development in the area served by the
eligible partnership, including local, State, and Federal
funds and existing higher education resources, except that no
grant under this part shall exceed $500,000 in any one fiscal
year.
``SEC. 2304. PLAN.
``Each eligible partnership desiring assistance under this
part shall develop a plan for the program to be assisted
under this part. Such plan shall--
``(1) identify clearly how such plan will support an
overall systemic reform strategy giving special attention to
the role of teacher preparation for new standards and
assessment;
``(2) describe the eligible partnership's instructional
objectives and how the professional development activities
will support such objectives;
``(3) specify the organizational arrangements and delivery
strategies to be used, such as teacher centers, professional
development schools, teacher networks, and academic
alliances, as well as the curriculum for teachers;
``(4) specify the commitments the local educational
agencies, teacher's union, institutions of higher education,
or any other entity participating in such partnership are
prepared to make, not only to support program activities such
as release time, contractual flexibility, support for interns
or student teachers if applicable, but also to sustain the
central aspects of the plan after the expiration of the
grant; and
``(5) describe how the activities described under this part
will lead to districtwide policy and budget changes.
``SEC. 2305. TECHNICAL ASSISTANCE.
``The Secretary is authorized to enter into an arrangement
with an intermediary organization to enable such organization
to provide technical assistance to eligible partnerships
receiving assistance under this part.
``SEC. 2306. MATCHING FUNDS.
``The Secretary shall give special priority to awarding
grants under this part to eligible partnerships that
demonstrate such partnership's ability to raise matching
funds from private sources.
``PART D--GENERAL PROVISIONS
``SEC. 2401. REPORTING AND ACCOUNTABILITY.
``(a) States.--Each State that receives funds under this
part shall submit a report to the Secretary every three
years, beginning with fiscal year 1997, on the State's
progress toward the performance indicators identified in such
State's plan, as well as on the effectiveness of State and
local activities assisted under this part.
``(b) Local Educational Agencies.--Each local educational
agency that receives funds under this part shall submit a
report to the State every three years, beginning with fiscal
year 1997, regarding the progress of such agency toward
performance indicators identified in such agency's local
plan, as well
[[Page 2126]]
as on the effectiveness of such agency's activities under
this part.
``(c) Federal Evaluation.--The Secretary shall report to
the President and the Congress on the effectiveness of
programs and activities assisted under this part in
accordance with section 14701.
``(d) Prohibition on Funds Being Used for Construction or
Renovation.--Funds received under this part shall not be used
for construction or renovation of buildings, rooms, or any
other facilities.
``SEC. 2402. DEFINITIONS.
``As used in this part--
``(1) the term `core academic subjects' means those
subjects listed in the State plan under title III of the
Goals 2000: Educate America Act or under the third National
Education Goal as set forth in section 102(3) of such Act;
``(2) the term `performance indicators' means measures of
specific outcomes that the State or local educational agency
identifies as assessing progress toward the goal of ensuring
that all teachers have the knowledge and skills necessary to
assist their students to meet challenging State content
standards and challenging State student performance standards
in the core academic subjects, such as--
``(A) the degree to which licensure requirements are tied
to challenging State content standards and challenging State
student performance standards;
``(B) specific increases in the number of elementary and
secondary teachers with strong content backgrounds in the
core academic subjects;
``(C) incorporating effective strategies, techniques,
methods, and practices for meeting the educational needs of
diverse students, including females, minorities, individuals
with disabilities, limited English proficient individuals,
and economically disadvantaged individuals, in order to
ensure that all students have the opportunity to achieve
challenging student performance standards;
``(D) specific increases in the number of teachers who are
certified by the National Board for Professional Teaching
Standards or other nationally recognized professional teacher
enhancement organizations; and
``(E) specific increases in the number of teachers licensed
in each core academic subject;
``(3) the term `sustained and intensive high-quality
professional development' means professional development
activities that--
``(A) are tied to challenging State content standards,
challenging State student performance standards, voluntary
national content standards or voluntary national student
performance standards;
``(B) reflect up-to-date research in teaching and learning
and include integrated content and pedagogical components
appropriate for students with diverse learning needs;
``(C) incorporate effective strategies, techniques,
methods, and practices for meeting the educational needs of
diverse students, including females, minorities, individuals
with disabilities, limited English proficient individuals,
and economically disadvantaged individuals, in order to
ensure that all students have the opportunity to achieve
challenging student performance standards;
``(D) are of sufficient intensity and duration to have a
positive and lasting impact on the teacher's performance in
the classroom or the administrator's performance on the job;
and
``(E) recognize teachers as an important source of
knowledge that should inform and help shape professional
development; and
``(4) the term `local', when used with respect to
standards, means challenging content and student performance
standards in the core academic subjects (in addition to
challenging State content and student performance standards
approved by the State for title I).
``TITLE III--TECHNOLOGY FOR EDUCATION
``SEC. 3101. SHORT TITLE.
``This title may be cited as the `Technology for Education
Act of 1994'.
``PART A--TECHNOLOGY FOR EDUCATION OF ALL STUDENTS
``SEC. 3111. FINDINGS.
``The Congress finds that--
``(1) technology can produce far greater opportunities for
all students to learn to high standards, promote efficiency
and effectiveness in education, and help propel our Nation's
school systems into very immediate and dramatic reform,
without which our Nation will not meet the National Education
Goals by the target year 2000;
``(2) the use of technology as a tool in the teaching and
learning process is essential to the development and
maintenance of a technologically literate citizenry and an
internationally competitive workforce;
``(3) the acquisition and use of technology in education
throughout the United States has been inhibited by--
``(A) the absence of Federal leadership;
``(B) the inability of many State and local educational
agencies to invest in and support needed technologies;
``(C) the limited exposure of students and teachers to the
power of technology as a cost-effective tool to improve
student learning and achievement;
``(D) the lack of appropriate electrical and telephone
connections in the classroom; and
``(E) the limited availability of appropriate technology-
enhanced curriculum, instruction, professional development,
and administrative support resources and services in the
educational marketplace;
``(4) policies at the Federal, State, and local levels
concerning technology in education must address disparities
in the availability of technology to different groups of
students, give priority to serving students in greatest need,
and recognize that educational telecommunications and
technology can address educational equalization concerns and
school restructuring needs by providing universal access to
high-quality teaching and programs, particularly in urban and
rural areas;
``(5) the increasing use of new technologies and
telecommunications systems in business has increased the gap
between schooling and work force preparation, and underscores
the need for technology policies at the Federal, State,
tribal, and local levels that address preparation for school-
to-work transitions;
``(6) technology can enhance the ongoing professional
development of teachers and administrators by providing
constant access to updated research in teaching and learning
by means of telecommunications, and, through exposure to
technology advancements, keep teachers and administrators
excited and knowledgeable about unfolding opportunities for
the classroom;
``(7) planned and creative uses of technology, combined
with teachers adequately trained in the use of technology,
can reshape our Nation's traditional method of providing
education and empower teachers to create an environment in
which students are challenged through rigorous, rich
classroom instruction provided at a pace suited to each
student's learning style, and in which students have
increased opportunities to develop higher order thinking and
technical skills;
``(8) schools need new ways of financing the acquisition
and maintenance of educational technology;
``(9) the needs for educational technology differ from
State to State;
``(10) technology can provide students, parents, teachers,
other education professionals, communities, and industry with
increased opportunities for partnerships and with increased
access to information, instruction, and educational services
in schools and other settings, including homes, libraries,
preschool and child-care facilities, adult and family
education programs, and postsecondary institutions;
``(11) the Department, consistent with the overall national
technology policy established by the President, must assume a
vital leadership and coordinating role in developing the
national vision and strategy to infuse advanced technology
throughout all educational programs;
``(12) Federal support can ease the burden at the State and
local levels by enabling the acquisition of advanced
technology and initiating the development of teacher training
and support as well as new educational products;
``(13) leadership at the Federal level should consider
guidelines to ensure that educational technology is
accessible to all users with maximum interoperability
nationwide;
``(14) the rapidly changing nature of technology requires
coordination and flexibility in Federal leadership; and
``(15) technology has the potential to assist and support
the improvement of teaching and learning in schools and other
settings.
``SEC. 3112. STATEMENT OF PURPOSE.
``The purpose of this part is to support a comprehensive
system for the acquisition and use by elementary and
secondary schools in the United States of technology and
technology-enhanced curricula, instruction, and
administrative support resources and services to improve the
delivery of educational services. Such system shall include--
``(1) national leadership with respect to the need for, and
the provision of, appropriate technology-enhanced curriculum,
instruction, and administrative programs to improve learning
in the United States, and to promote equal access for all
students to educational opportunities in order to achieve the
National Education Goals by the year 2000;
``(2) funding mechanisms which will support the
development, interconnection, implementation, improvement,
and maintenance of an effective educational technology
infrastructure, including activities undertaken by State and
local educational agencies to promote and provide equipment,
training for teachers and school library and media personnel,
and technical support;
``(3) support for technical assistance, professional
development, information and resource dissemination, in order
to help States, local educational agencies, teachers, school
library and media personnel, and administrators successfully
integrate technology into kindergarten through 12th grade
classrooms and library media centers;
``(4) support for the development of educational and
instructional programming in core subject areas, which shall
address the National Education Goals;
``(5) strengthening and building upon, but not duplicating,
existing telecommunications infrastructures dedicated to
educational purposes;
``(6) development and evaluation of new and emerging
educational technologies, telecommunications networks, and
state-of-the-art educational technology products that promote
the use of advanced technologies in the classroom and school
library media center;
``(7) assessment data regarding state-of-the-art uses of
technologies in United States education upon which commercial
and non-
[[Page 2127]]
commercial telecommunications entities, and governments can
rely for decisionmaking about the need for, and provision of,
appropriate technologies for education in the United States;
``(8) ensuring that uses of educational technology are
consistent with the overall national technology policy
established by the President, and ensuring that Federal
technology-related policies and programs will facilitate the
use of technology in education;
``(9) ensuring that activities supported under this part
will form the basis for sound State and local decisions about
investing in, sustaining, and expanding uses of technology in
education;
``(10) establishing working guidelines to ensure maximum
interoperability nationwide and ease of access for the
emerging technologies so that no school system will be
excluded from the technological revolution;
``(11) ensuring that, as technological advances are made,
the educational uses of these advances are considered and
their applications are developed; and
``(12) encouragement of collaborative relationships among
the State agency for higher education, the State library
administrative agency, the State telecommunications agency,
and the State educational agency, in the area of technology
support to strengthen the system of education.
``SEC. 3113. DEFINITIONS.
``For purposes of this title--
``(1) the term `adult education' has the same meaning given
such term by section 312 of the Adult Education Act;
``(2) the term `all students' means students from a broad
range of backgrounds and circumstances, including
disadvantaged students, students with diverse racial, ethnic,
and cultural backgrounds, students with disabilities,
students with limited English proficiency, students who have
dropped out of school, and academically talented students;
``(3) the term `information infrastructure' means a network
of communication systems designed to exchange information
among all citizens and residents of the United States;
``(4) the term `instructional programming' means the full
range of audio and video data, text, graphics, or additional
state-of-the-art communications, including multimedia based
resources distributed through interactive, command and
control, or passive methods for the purpose of education and
instruction;
``(5) the terms `interoperable' and `interoperability' mean
the ability to exchange easily data with, and connect to,
other hardware and software in order to provide the greatest
accessibility for all students and other users;
``(6) the term `Office' means the Office of Educational
Technology;
``(7) the term `public telecommunications entity' has the
same meaning given to such term by section 397(12) of the
Communications Act of 1934;
``(8) the term `regional educational laboratory' means a
regional educational laboratory supported under section
941(h) of the Educational, Research, Development,
Dissemination, and Improvement Act of 1994;
``(9) the term `State educational agency' includes the
Bureau of Indian Affairs for purposes of serving schools
funded by the Bureau of Indian Affairs in accordance with
this part;
``(10) the term `State library administrative agency' has
the same meaning given to such term in section 3 of the
Library Services and Construction Act; and
``(11) the term `technology' means state-of-the-art
technology products and services, such as closed circuit
television systems, educational television and radio programs
and services, cable television, satellite, copper and fiber
optic transmission, computer hardware and software, video and
audio laser and CD-ROM discs, and video and audio tapes.
``SEC. 3114. AUTHORIZATION OF APPROPRIATIONS; FUNDING RULE.
``(a) Authorization of Appropriations.--
``(1) Subparts 1, 2, and 3.--There are authorized to be
appropriated $200,000,000 for fiscal year 1995 and such sums
as may be necessary for each of the four succeeding fiscal
years to carry out subparts 1, 2, and 3, of which--
``(A)(i) $3,000,000 shall be available to carry out subpart
1 (National Programs for Technology in Education) for any
such year for which the amount appropriated under this
subsection is less than $75,000,000; and
``(ii) $5,000,000 shall be available to carry out subpart 1
for any such year for which the amount appropriated under
this subsection is equal to or greater than $75,000,000;
``(B) $10,000,000 shall be available to carry out subpart 3
(Regional Technical Support and Professional Development) for
each such year; and
``(C) the remainder shall be available to carry out subpart
2 (State and Local Programs for School Technology Resources)
for each such year.
``(2) Subpart 4.--For the purpose of carrying out subpart
4, there are authorized to be appropriated $50,000,000 for
fiscal year 1995 and such sums as may be necessary for each
of the four succeeding fiscal years.
``(b) Funding Rule.--
``(1) Appropriations of less than $75,000,000.--For any
fiscal year for which the amount appropriated under
subsection (a)(1) is less than $75,000,000, from the
remainder of funds made available under subsection (a)(1)(C)
the Secretary shall award grants for the National Challenge
Grants in accordance with section 3136.
``(2) Appropriations equal to or greater than
$75,000,000.--For any fiscal year for which the amount
appropriated under subsection (a)(1) is equal to or greater
than $75,000,000, from the remainder of funds made available
under subsection (a)(1)(C) the Secretary shall award grants
to State educational agencies from allotments under section
3131, except that the Secretary may reserve, from such
remainder, such funds as the Secretary determines necessary
to meet outstanding obligations for such fiscal year to
continue the National Challenge Grants for Technology awarded
under section 3136.
``SEC. 3115. LIMITATION ON COSTS.
``Not more than 5 percent of the funds under this part that
are made available to a recipient of funds under this part
for any fiscal year may be used by such recipient for
administrative costs or technical assistance.
``Subpart 1--National Programs for Technology in Education
``SEC. 3121. NATIONAL LONG-RANGE TECHNOLOGY PLAN.
``(a) In General.--The Secretary shall develop and publish
not later than 12 months after the date of the enactment of
the Improving America's Schools Act of 1994, and update when
the Secretary determines appropriate, a national long-range
plan that supports the overall national technology policy and
carries out the purposes of this part.
``(b) Plan Requirements.--The Secretary shall--
``(1) develop the national long-range plan in consultation
with other Federal departments or agencies, State and local
education practitioners and policymakers, experts in
technology and the applications of technology to education,
representatives of distance learning consortia,
representatives of telecommunications partnerships receiving
assistance under the Star Schools Act, and providers of
technology services and products;
``(2) transmit such plan to the President and to the
appropriate committees of the Congress; and
``(3) publish such plan in a form that is readily
accessible to the public.
``(c) Contents of the Plan.--The national long-range plan
shall describe the Secretary's activities to promote the
purposes of this title, including--
``(1) how the Secretary will encourage the effective use of
technology to provide all students the opportunity to achieve
State content standards and State student performance
standards, especially through programs administered by the
Department;
``(2) joint activities in support of the overall national
technology policy with other Federal departments or agencies,
such as the Office of Science and Technology Policy, the
National Endowment for the Humanities, the National Endowment
for the Arts, the National Institute for Literacy, the
National Aeronautics and Space Administration, the National
Science Foundation, the Bureau of Indian Affairs, and the
Departments of Commerce, Energy, Health and Human Services,
and Labor--
``(A) to promote the use of technology in education,
training, and lifelong learning, including plans for the
educational uses of a national information infrastructure;
and
``(B) to ensure that the policies and programs of such
departments or agencies facilitate the use of technology for
educational purposes, to the extent feasible;
``(3) how the Secretary will work with educators, State and
local educational agencies, and appropriate representatives
of the private sector to facilitate the effective use of
technology in education;
``(4) how the Secretary will promote--
``(A) higher achievement of all students through the
integration of technology into the curriculum;
``(B) increased access to the benefits of technology for
teaching and learning for schools with a high number or
percentage of children from low-income families;
``(C) the use of technology to assist in the implementation
of State systemic reform strategies;
``(D) the application of technological advances to use in
education;
``(E) increased access to high quality adult and family
education services through the use of technology for
instruction and professional development; and
``(F) increased opportunities for the professional
development of teachers in the use of new technologies;
``(5) how the Secretary will determine, in consultation
with appropriate individuals, organizations, industries, and
agencies, the feasibility and desirability of establishing
guidelines to facilitate an easy exchange of data and
effective use of technology in education;
``(6) how the Secretary will promote the exchange of
information among States, local educational agencies,
schools, consortia, and other entities concerning the
effective use of technology in education;
``(7) how the Secretary will utilize the outcomes of the
evaluation undertaken pursuant to section 3123 to promote the
purposes of this part; and
``(8) the Secretary's long-range measurable goals and
objectives relating to the purposes of this part.
``SEC. 3122. FEDERAL LEADERSHIP.
``(a) Program Authorized.--In order to provide Federal
leadership in promoting the use of technology in education,
the Secretary, in consultation with the National Science
Foundation, the Department of Commerce, the United States
National Commission on Libraries and Information Sciences,
and other appropriate Federal
[[Page 2128]]
agencies, may carry out activities designed to achieve the
purposes of this part directly or by awarding grants or
contracts competitively and pursuant to a peer review process
to, or entering into contracts with, State educational
agencies, local educational agencies, institutions of higher
education, or other public and private nonprofit or for-
profit agencies and organizations.
``(b) Assistance.--
``(1) In general.--The Secretary shall provide assistance
to the States to enable such States to plan effectively for
the use of technology in all schools throughout the State in
accordance with the purpose and requirements of section 317
of the Goals 2000: Educate America Act.
``(2) Other federal agencies.--For the purpose of carrying
out coordinated or joint activities consistent with the
purposes of this part, the Secretary may accept funds from,
and transfer funds to, other Federal agencies.
``(c) Uses of Funds.--The Secretary shall use funds made
available to carry out this section for activities designed
to carry out the purpose of this part, such as--
``(1) providing assistance to technical assistance
providers to enable such providers to improve substantially
the services such providers offer to educators regarding the
uses of technology for education, including professional
development;
``(2) providing development grants to technical assistance
providers, to enable such providers to improve substantially
the services such providers offer to educators on the
educational uses of technology, including professional
development;
``(3) consulting with representatives of industry,
elementary and secondary education, higher education, adult
and family education, and appropriate experts in technology
and educational applications of technology in carrying out
activities under this subpart;
``(4) research on, and the development of, guidelines to
facilitate maximum interoperability, efficiency and easy
exchange of data for effective use of technology in
education;
``(5) research on, and the development of, applications for
education of the most advanced and newly emerging
technologies which research shall be coordinated, when
appropriate, with the Office of Educational Research and
Improvement, and other Federal agencies;
``(6) the development, demonstration, and evaluation of the
educational aspects of high performance computing and
communications technologies and of the national information
infrastructure, in providing professional development for
teachers, school librarians, and other educators; enriching
academic curricula for elementary and secondary schools;
facilitating communications among schools, local educational
agencies, libraries, parents, and local communities and in
other such areas as the Secretary deems appropriate;
``(7) the development, demonstration, and evaluation of
applications of existing technology in preschool education,
elementary and secondary education, training and lifelong
learning, and professional development of educational
personnel;
``(8) the development and evaluation of software and other
products, including multimedia television programming, that
incorporate advances in technology and help achieve the
National Education Goals, State content standards and State
student performance standards;
``(9) the development, demonstration, and evaluation of
model strategies for preparing teachers and other personnel
to use technology effectively to improve teaching and
learning;
``(10) the development of model programs that demonstrate
the educational effectiveness of technology in urban and
rural areas and economically distressed communities;
``(11) research on, and the evaluation of, the
effectiveness and benefits of technology in education;
``(12) a biennial assessment of, and report to the public
regarding, the uses of technology in elementary and secondary
education throughout the United States upon which private
businesses and Federal, State, tribal, and local governments
may rely for decisionmaking about the need for, and provision
of, appropriate technologies in schools, which assessment and
report shall use, to the extent possible, existing
information and resources;
``(13) conferences on, and dissemination of information
regarding, the uses of technology in education;
``(14) the development of model strategies to promote
gender equity concerning access to, and the use of,
technology in the classroom;
``(15) encouraging collaboration between the Department and
other Federal agencies in the development, implementation,
evaluation and funding of applications of technology for
education, as appropriate; and
``(16) such other activities as the Secretary determines
will meet the purposes of this subpart.
``(d) Non-Federal Share.--
``(1) In general.--Subject to paragraphs (2) and (3), the
Secretary may require any recipient of a grant or contract
under this section to share in the cost of the activities
assisted under such grant or contract, which non-Federal
share shall be announced through a notice in the Federal
Register and may be in the form of cash or in-kind
contributions, fairly valued.
``(2) Increase.--The Secretary may increase the non-Federal
share that is required of a recipient of a grant or contract
under this section after the first year such recipient
receives funds under such grant or contract.
``(3) Maximum.--The non-Federal share required under this
section shall not exceed 50 percent of the cost of the
activities assisted pursuant to a grant or contract under
this section.
``SEC. 3123. STUDY, EVALUATION AND REPORT OF FUNDING
ALTERNATIVES.
``The Secretary, through the Office of Educational
Technology, shall conduct a study to evaluate, and report to
the Congress on, the feasibility of several alternative
models for providing sustained and adequate funding for
schools throughout the United States so that such schools are
able to acquire and maintain technology-enhanced curriculum,
instruction, and administrative support resources and
services. Such report shall be submitted to the Congress not
later than one year after the date of enactment of the
Improving America's Schools Act of 1994.
``Subpart 2--State and Local Programs for School Technology Resources
``SEC. 3131. ALLOTMENT AND REALLOTMENT.
``(a) Allotment.--
``(1) In general.--Except as provided in paragraph (2),
each State educational agency shall be eligible to receive a
grant under this subpart for a fiscal year in an amount which
bears the same relationship to the amount made available
under section 3114(a)(1)(C) for such year as the amount such
State received under part A of title I for such year bears to
the amount received for such year under such part by all
States.
``(2) Minimum.--No State educational agency shall be
eligible to receive a grant under paragraph (1) in any fiscal
year in an amount which is less than one-half of one percent
of the amount made available under section 3115(a)(1)(C) for
such year.
``(b) Reallotment of Unused Funds.--
``(1) In general.--The amount of any State educational
agency's allotment under subsection (a) for any fiscal year
which the Secretary determines will not be required for such
fiscal year to carry out this subpart shall be available for
reallotment from time to time, on such dates during such year
as the Secretary may determine, to other State educational
agencies in proportion to the original allotments to such
State educational agencies under subsection (a) for such
year, but with such proportionate amount for any of such
other State educational agencies being reduced to the extent
such amount exceeds the sum the Secretary estimates such
State needs and will be able to use for such year.
``(2) Other reallotments.--The total of reductions under
paragraph (1) shall be similarly reallotted among the State
educational agencies whose proportionate amounts were not so
reduced. Any amounts reallotted to a State educational agency
under this subsection during a year shall be deemed a subpart
of such agencies allotment under subsection (a) for such
year.
``SEC. 3132. SCHOOL TECHNOLOGY RESOURCE GRANTS.
``(a) Grants to States.--
``(1) In general.--From amounts made available under
section 3131, the Secretary, through the Office of
Educational Technology, shall award grants to State
educational agencies having applications approved under
section 3133.
``(2) Use of grants.--(A) Each State educational agency
receiving a grant under paragraph (1) shall use such grant
funds to award grants, on a competitive basis, to local
educational agencies to enable such local educational
agencies to carry out the activities described in section
3134.
``(B) In awarding grants under subparagraph (A), each State
educational agency shall ensure that each such grant is of
sufficient duration, and of sufficient size, scope, and
quality, to carry out the purposes of this part effectively.
``(b) Technical Assistance.--Each State educational agency
receiving a grant under paragraph (1) shall--
``(1) identify the local educational agencies served by the
State educational agency that--
``(A) have the highest number or percentage of children in
poverty; and
``(B) demonstrate to such State educational agency the
greatest need for technical assistance in developing the
application under section 3133; and
``(2) offer such technical assistance to such local
educational agencies.
``SEC. 3133. STATE APPLICATION.
``To receive funds under this subpart, each State
educational agency shall submit a statewide educational
technology plan which may include plans submitted under the
Goals 2000: Educate America Act or other statewide technology
plans which meet the requirements of this section. Such
application shall be submitted to the Secretary at such time,
in such manner, and accompanied by such information as the
Secretary may reasonably require. Each such application shall
contain a systemic statewide plan that--
``(1) outlines long-term strategies for financing
technology education in the State and describes how business,
industry, and other public and private agencies, including
libraries, library literacy programs, and institutions of
higher education, can participate in the implementation,
ongoing planning, and support of the plan; and
``(2) meets such other criteria as the Secretary may
establish in order to enable such agency to provide
assistance to local educational agencies that have the
highest num-
[[Page 2129]]
bers or percentages of children in poverty and demonstrate
the greatest need for technology, in order to enable such
local educational agencies, for the benefit of school sites
served by such local educational agencies, to carry out
activities such as--
``(A) purchasing quality technology resources;
``(B) installing various linkages necessary to acquire
connectivity;
``(C) integrating technology into the curriculum in order
to improve student learning and achievement;
``(D) providing teachers and library media personnel with
training or access to training;
``(E) providing administrative and technical support and
services that improve student learning through enriched
technology-enhanced resources, including library media
resources;
``(F) promoting in individual schools the sharing,
distribution, and application of educational technologies
with demonstrated effectiveness;
``(G) assisting schools in promoting parent involvement;
``(H) assisting the community in providing literacy-related
services;
``(I) establishing partnerships with private or public
educational providers or other entities to serve the needs of
children in poverty; and
``(J) providing assurances that financial assistance
provided under this part shall supplement, not supplant,
State and local funds.
``SEC. 3134. LOCAL USES OF FUNDS.
``Each local educational agency, to the extent possible,
shall use the funds made available under section 3132(a)(2)
for--
``(1) developing, adapting, or expanding existing and new
applications of technology to support the school reform
effort;
``(2) funding projects of sufficient size and scope to
improve student learning and, as appropriate, support
professional development, and provide administrative support;
``(3) acquiring connectivity linkages, resources, and
services, including the acquisition of hardware and software,
for use by teachers, students and school library media
personnel in the classroom or in school library media
centers, in order to improve student learning by supporting
the instructional program offered by such agency to ensure
that students in schools will have meaningful access on a
regular basis to such linkages, resources and services;
``(4) providing ongoing professional development in the
integration of quality educational technologies into school
curriculum and long-term planning for implementing
educational technologies;
``(5) acquiring connectivity with wide area networks for
purposes of accessing information and educational programming
sources, particularly with institutions of higher education
and public libraries; and
``(6) providing educational services for adults and
families.
``SEC. 3135. LOCAL APPLICATIONS.
``Each local educational agency desiring assistance from a
State educational agency under section 3132(a)(2) shall
submit an application, consistent with the objectives of the
systemic statewide plan, to the State educational agency at
such time, in such manner and accompanied by such information
as the State educational agency may reasonably require. Such
application, at a minimum, shall--
``(1) include a strategic, long-range (three- to five-
year), plan that includes--
``(A) a description of the type of technologies to be
acquired, including specific provisions for interoperability
among components of such technologies and, to the extent
practicable, with existing technologies;
``(B) an explanation of how the acquired technologies will
be integrated into the curriculum to help the local
educational agency enhance teaching, training, and student
achievement;
``(C) an explanation of how programs will be developed in
collaboration with existing adult literacy services providers
to maximize the use of such technologies;
``(D)(i) a description of how the local educational agency
will ensure ongoing, sustained professional development for
teachers, administrators, and school library media personnel
served by the local educational agency to further the use of
technology in the classroom or library media center; and
``(ii) a list of the source or sources of ongoing training
and technical assistance available to schools, teachers and
administrators served by the local educational agency, such
as State technology offices, intermediate educational support
units, regional educational laboratories or institutions of
higher education;
``(E) a description of the supporting resources, such as
services, software and print resources, which will be
acquired to ensure successful and effective use of
technologies acquired under this section;
``(F) the projected timetable for implementing such plan in
schools;
``(G) the projected cost of technologies to be acquired and
related expenses needed to implement such plan; and
``(H) a description of how the local educational agency
will coordinate the technology provided pursuant to this
subpart with other grant funds available for technology from
State and local sources;
``(2) describe how the local educational agency will
involve parents, public libraries, business leaders and
community leaders in the development of such plan;
``(3) describe how the acquired instructionally based
technologies will help the local educational agency--
``(A) promote equity in education in order to support State
content standards and State student performance standards
that may be developed; and
``(B) provide access for teachers, parents and students to
the best teaching practices and curriculum resources through
technology; and
``(4) describe a process for the ongoing evaluation of how
technologies acquired under this section--
``(A) will be integrated into the school curriculum; and
``(B) will affect student achievement and progress toward
meeting the National Education Goals and any challenging
State content standards and State student performance
standards that may be developed.
``(d) Formation of Consortia.--A local educational agency
for any fiscal year may apply for financial assistance as
part of a consortium with other local educational agencies,
institutions of higher education, intermediate educational
units, libraries, or other educational entities appropriate
to provide local programs. The State educational agency may
assist in the formation of consortia among local educational
agencies, providers of educational services for adults and
families, institutions of higher education, intermediate
educational units, libraries, or other appropriate
educational entities to provide services for the teachers and
students in a local educational agency at the request of such
local educational agency.
``(e) Coordination of Application Requirements.--If a local
educational agency submitting an application for assistance
under this section has developed a comprehensive education
improvement plan, in conjunction with requirements under this
Act or the Goals 2000: Educate America Act, the State
educational agency may approve such plan, or a component of
such plan, notwithstanding the requirements of subsection (e)
if the State educational agency determines that such approval
would further the purposes of this subpart.
``SEC. 3136. NATIONAL CHALLENGE GRANTS FOR TECHNOLOGY IN
EDUCATION.
``(a) Grants Authorized.--
``(1) In general.--From amounts made available under
section 3115(b)(1) for any fiscal year the Secretary is
authorized to award grants, on a competitive basis, to
consortia having applications approved under subsection (d),
which consortia shall include at least one local educational
agency with a high percentage or number of children living
below the poverty line and may include other local
educational agencies, State educational agencies,
institutions of higher education, businesses, academic
content experts, software designers, museums, libraries, or
other appropriate entities.
``(2) Duration.--Grants under this section shall be awarded
for a period of 5 years.
``(b) Use of Grants.--Grants awarded under subsection (a)
shall be used for activities similar to the activities
described in section 3134.
``(c) Priority.--In awarding grants under this section, the
Secretary shall give priority to consortia which demonstrate
in the application submitted under subsection (d) that--
``(1) the project for which assistance is sought is
designed to serve areas with a high number or percentage of
disadvantaged students or the greatest need for educational
technology;
``(2) the project will directly benefit students by, for
example, integrating the acquired technologies into
curriculum to help the local educational agency enhance
teaching, training, and student achievement;
``(3) the project will ensure ongoing, sustained
professional development for teachers, administrators, and
school library media personnel served by the local
educational agency to further the use of technology in the
classroom or library media center;
``(4) the project will ensure successful, effective, and
sustainable use of technologies acquired under this
subsection; and
``(5) members of the consortia or other appropriate
entities will contribute substantial financial and other
resources to achieve the goals of the project.
``(d) Application.--Each local educational agency desiring
a grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by
such information as the Secretary may reasonably require.
``SEC. 3137. FEDERAL ADMINISTRATION.
``(a) Evaluation Procedures.--The Secretary shall develop
procedures for State and local evaluations of the programs
under this subpart.
``(b) Evaluation Summary.--The Secretary shall submit to
the Congress four years after the enactment of the Improving
America's Schools Act of 1994 a summary of the State
evaluations of programs under this subpart in accordance with
the provisions of section 14701.
``Subpart 3--Regional Technical Support and Professional Development
``SEC. 3141. REGIONAL TECHNICAL SUPPORT AND PROFESSIONAL
DEVELOPMENT.
``(a) Grants Authorized.--
``(1) Authority.--The Secretary, through the Office of
Educational Technology, shall make grants in accordance with
the provisions of this section, to regional entities such as
the Eisenhower Mathematics and Science Regional Consortia
under part C of title XIII, the regional education
laboratories, the comprehensive regional assistance centers,
or such other regional entities
[[Page 2130]]
as may be designated or established by the Secretary. In
awarding grants under this section, the Secretary shall give
priority to such consortia and shall ensure that each
geographic region of the United States shall be served by
such a consortium.
``(2) Requirements.--Each consortium receiving a grant
under this section shall--
``(A) be composed of State educational agencies,
institutions of higher education, nonprofit organizations, or
a combination thereof;
``(B) in cooperation with State and local educational
agencies, develop a regional program that addresses
professional development, technical assistance, and
information resource dissemination, with special emphasis on
meeting the documented needs of educators and learners in the
region; and
``(C) foster regional cooperation and resource and
coursework sharing.
``(b) Functions.--
``(1) Technical assistance.--Each consortium receiving a
grant under this section shall, to the extent practicable--
``(A) collaborate with State educational agencies and local
educational agencies requesting collaboration, particularly
in the development of strategies for assisting those schools
with the highest numbers or percentages of disadvantaged
students with little or no access to technology in the
classroom;
``(B) provide information, in coordination with information
available from the Secretary, to State educational agencies,
local educational agencies, schools and adult education
programs, on the types and features of various educational
technology equipment and software available, evaluate and
make recommendations on equipment and software that support
the National Education Goals and are suited for a school's
particular needs, and compile and share information regarding
creative and effective applications of technology in the
classroom and school library media centers in order to
support the purposes of this part;
``(C) collaborate with such State educational agencies,
local educational agencies, or schools requesting to
participate in the tailoring of software programs and other
supporting materials to meet challenging State content
standards or challenging State student performance standards
that may be developed; and
``(D) provide technical assistance to facilitate use of the
electronic dissemination networks by State and local
educational agencies and schools throughout the region.
``(2) Professional development.--Each consortium receiving
a grant under this section shall, to the extent practicable--
``(A) develop and implement, in collaboration with State
educational agencies and institutions of higher education,
technology-specific, ongoing professional development, such
as--
``(i) intensive school year and summer workshops that use
teachers, school librarians, and school library personnel to
train other teachers, school librarians, and other school
library media personnel; and
``(ii) distance professional development, including--
``(I) interactive training tele-courses using researchers,
educators, and telecommunications personnel who have
experience in developing, implementing, or operating
educational and instructional technology as a learning tool;
``(II) onsite courses teaching teachers to use educational
and instructional technology and to develop their own
instructional materials for effectively incorporating
technology and programming in their own classrooms;
``(III) methods for successful integration of instructional
technology into the curriculum in order to improve student
learning and achievement;
``(IV) video conferences and seminars which offer
professional development through peer interaction with
experts as well as other teachers using technologies in their
classrooms; and
``(V) mobile education technology and training resources;
``(B) develop training resources that--
``(i) are relevant to the needs of the region and schools
within the region;
``(ii) are relevant to the needs of adult literacy staff
and volunteers, including onsite courses on how to--
``(I) use instructional technology; and
``(II) develop instructional materials for adult learning;
and
``(iii) are aligned with the needs of teachers and
administrators in the region;
``(C) establish a repository of professional development
and technical assistance resources;
``(D) identify and link technical assistance providers to
State and local educational agencies, as needed;
``(E) ensure that training, professional development, and
technical assistance meet the needs of educators, parents,
and students served by the region;
``(F) assist colleges and universities within the region to
develop and implement preservice training programs for
students enrolled in teacher education programs; and
``(G) assist local educational agencies and schools in
working with community members and parents to develop support
from communities and parents for educational technology
programs and projects.
``(3) Information and resource dissemination.--Each
consortium receiving a grant under this section shall, to the
extent practicable--
``(A) assist State and local educational agencies in the
identification and procurement of financial, technological
and human resources needed to implement technology plans;
``(B) provide outreach and, at the request of a State or
local educational agency, work with such agency to assist in
the development and validation of instructionally based
technology education resources; and
``(C) coordinate activities and establish partnerships with
organizations and institutions of higher education that
represent the interests of the region as such interests
pertain to the application of technology in teaching,
learning, instructional management, dissemination, collection
and distribution of educational statistics, and the transfer
of student information.
``(4) Coordination.--Each consortium receiving a grant
under this section shall work collaboratively, and coordinate
the services the consortium provides, with appropriate
regional and other entities assisted in whole or in part by
the Department.
``Subpart 4--Product Development
``SEC. 3151. EDUCATIONAL TECHNOLOGY PRODUCT DEVELOPMENT.
``(a) Purpose.--It is the purpose of this subpart to--
``(1) support development of curriculum-based learning
resources using state-of-the-art technologies and techniques
designed to improve student learning; and
``(2) support development of long-term comprehensive
instructional programming and associated support resources
that ensure maximum access by all educational institutions.
``(b) Federal Assistance Authorized.--
``(1) In general.--The Secretary shall provide assistance,
on a competitive basis, to eligible consortia to enable such
entities to develop, produce, and distribute state-of-the-art
technology-enhanced instructional resources and programming
for use in the classroom or to support professional
development for teachers.
``(2) Grants and loans authorized.--In carrying out the
purposes of this section, the Secretary is authorized to pay
the Federal share of the cost of the development, production,
and distribution of state-of-the-art technology enhanced
instructional resources and programming--
``(A) by awarding grants to, or entering into contracts or
cooperative agreements with, eligible consortia; or
``(B) by awarding loans to eligible consortia which--
``(i) shall be secured in such manner and be repaid within
such period, not exceeding 20 years, as may be determined by
the Secretary;
``(ii) shall bear interest at a rate determined by the
Secretary which shall be not more than the total of one-
quarter of 1 percent per annum added to the rate of interest
paid by the Secretary on funds obtained from the Secretary of
the Treasury; and
``(iii) may be forgiven by the Secretary, in an amount not
to exceed 25 percent of the total loan, under such terms and
conditions as the Secretary may consider appropriate.
``(3) Matching requirement.--The Secretary may require any
recipient of a grant or contract under this subpart to share
in the cost of the activities assisted under such grant or
contract, which non-Federal share shall be announced through
a notice in the Federal Register and may be in the form of
cash or in-kind contributions, fairly valued.
``(4) Eligible consortium.--For the purpose of this
subsection, the term `eligible consortium' means a
consortium--
``(A) that shall include--
``(i) a State or local educational agency; and
``(ii) a business, industry, or telecommunications entity;
and
``(B) that may include--
``(i) a public or private nonprofit organization; or
``(ii) a postsecondary institution.
``(5) Priorities.--In awarding assistance under this
section, the Secretary shall give priority to applications
describing programs or systems that--
``(A) promote the acquisition of higher-order thinking
skills and promise to raise the achievement levels of all
students, particularly disadvantaged students who are not
realizing their potential;
``(B) are aligned with challenging State content standards
and State and local curriculum frameworks;
``(C) may be adapted and applied nationally at a reasonable
cost over a broad technology platform;
``(D) convert technology resources developed with support
from the Department of Defense and other Federal agencies for
effective use in the classroom;
``(E) show promise of reducing the costs of providing high-
quality instruction;
``(F) show promise of expanding access to high-quality
instruction in content areas which would otherwise not be
available to students in rural and urban communities or who
are served by other educational agencies with limited
financial resources;
``(G) are developed in consultation with classroom
teachers;
``(H) are developed through consultation and collaboration
with appropriate education entities in designing the product
to ensure relevance to the voluntary national content
standards, the voluntary national student performance
standards and State curriculum frameworks; and
``(I) are developed so that the product can be adapted for
use by adults in need of literacy services, including English
as a second language and preparation for a secondary school
diploma or its recognized equivalent.
``(6) Requirements for federal assistance.--Each eligible
consortium desiring
[[Page 2131]]
Federal assistance under this section shall submit an
application to the Secretary at such time and in such manner
as the Secretary may prescribe. Each application shall
include--
``(A) a description of how the product will improve the
achievement levels of students;
``(B) a description of how the activities assisted under
this section will promote professional development of
teachers and administrators in the uses and applications of
the product, including the development of training materials;
``(C) a description of design, development, field testing,
evaluation, and distribution of products, where appropriate;
``(D) an assurance that the product shall effectively serve
a significant number or percentage of economically
disadvantaged students;
``(E) plans for dissemination of products to a wide
audience of learners;
``(F) a description of how the product can be adapted for
use by students with disabilities including provisions for
closed captioning or descriptive video, where appropriate;
``(G) a description of how ownership and rights to the use
and marketing of any product developed by the consortium,
including intellectual property rights, will be allocated
among consortium participants; and
``(H) a description of the contributions, including
services and funds, to be made by each member of the
consortium, and how any revenues derived from the sale of any
product developed by the consortium shall be distributed.
``(c) Consumer Report.--The Secretary shall provide for the
independent evaluation of products developed under this
section and shall disseminate information about products
developed pursuant to provisions of this section to State and
local educational agencies, and other organizations or
individuals that the Secretary determines to be appropriate,
through print and electronic media that are accessible to the
education community at large.
``(d) Proceeds.--The Secretary shall not prohibit an
eligible consortium or any of the members of such consortium
from receiving financial benefits from the distribution of
any products resulting from the assistance received under
this section. Notwithstanding any other provision of law, any
profits or royalties received by a State educational agency,
local educational agency, or other nonprofit member of an
eligible consortium receiving assistance under this section
shall be used to support further development of curriculum-
based learning resources, services, and programming or to
provide access to such products for a wider audience.
``PART B--STAR SCHOOLS PROGRAM
``SEC. 3201. SHORT TITLE.
``This part may be cited as the `Star Schools Act'.
``SEC. 3202. FINDINGS.
``The Congress finds that--
``(1) the Star Schools program has helped to encourage the
use of distance learning strategies to serve multi-State
regions primarily by means of satellite and broadcast
television;
``(2) in general, distance learning programs have been used
effectively to provide students in small, rural, and isolated
schools with courses and instruction, such as science and
foreign language instruction, that the local educational
agency is not otherwise able to provide; and
``(3) distance learning programs may also be used to--
``(A) provide students of all ages in all types of schools
and educational settings with greater access to high-quality
instruction in the full range of core academic subjects that
will enable such students to meet challenging,
internationally competitive, educational standards;
``(B) expand professional development opportunities for
teachers;
``(C) contribute to achievement of the National Education
Goals; and
``(D) expand learning opportunities for everyone.
``SEC. 3203. PURPOSE.
``It is the purpose of this part to encourage improved
instruction in mathematics, science, and foreign languages as
well as other subjects, such as literacy skills and
vocational education, and to serve underserved populations,
including the disadvantaged, illiterate, limited-English
proficient, and individuals with disabilities, through a star
schools program under which grants are made to eligible
telecommunication partnerships to enable such partnerships
to--
``(1) develop, construct, acquire, maintain and operate
telecommunications audio and visual facilities and equipment;
``(2) develop and acquire educational and instructional
programming; and
``(3) obtain technical assistance for the use of such
facilities and instructional programming.
``SEC. 3204. GRANTS AUTHORIZED.
``(a) Authority.--The Secretary, through the Office of
Educational Technology, is authorized to make grants, in
accordance with the provisions of this part, to eligible
entities to pay the Federal share of the cost of--
``(1) the development, construction, acquisition,
maintenance and operation of telecommunications facilities
and equipment;
``(2) the development and acquisition of live, interactive
instructional programming;
``(3) the development and acquisition of preservice and
inservice teacher training programs based on established
research regarding teacher-to-teacher mentoring, effective
skill transfer, and ongoing, in-class instruction;
``(4) the establishment of teleconferencing facilities and
resources for making interactive training available to
teachers;
``(5) obtaining technical assistance; and
``(6) the coordination of the design and connectivity of
telecommunications networks to reach the greatest number of
schools.
``(b) Duration.--
``(1) In general.--The Secretary shall award grants
pursuant to subsection (a) for a period of 5 years.
``(2) Renewal.--Grants awarded pursuant to subsection (a)
may be renewed for one additional three-year period.
``(c) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
$35,000,000 for fiscal year 1995, and such sums as may be
necessary for each of the four succeeding fiscal years, to
carry out this part.
``(2) Availability.--Funds appropriated pursuant to the
authority of subsection (a) shall remain available until
expended.
``(d) Limitations.--
``(1) In general.--A grant under this section shall not
exceed--
``(A) five years in duration; and
``(B) $10,000,000 in any one fiscal year.
``(2) Instructional programming.--Not less than 25 percent
of the funds available to the Secretary in any fiscal year
under this part shall be used for the cost of instructional
programming.
``(3) Special rule.--Not less than 50 percent of the funds
available in any fiscal year under this part shall be used
for the cost of facilities, equipment, teacher training or
retraining, technical assistance, or programming, for local
educational agencies which are eligible to receive assistance
under part A of title I.
``(e) Federal Share.--
``(1) In general.--The Federal share of the cost of
projects funded under this section shall not exceed--
``(A) 75 percent for the first and second years for which
an eligible telecommunications partnership receives a grant
under this part;
``(B) 60 percent for the third and fourth such years; and
``(C) 50 percent for the fifth such year.
``(2) Reduction or waiver.--The Secretary may reduce or
waive the requirement of the non-Federal share under
paragraph (1) upon a showing of financial hardship.
``(f) Authority To Accept Funds From Other Agencies.--The
Secretary is authorized to accept funds from other Federal
departments or agencies to carry out the purposes of this
section, including funds for the purchase of equipment.
``(g) Coordination.--The Department, the National Science
Foundation, the Department of Agriculture, the Department of
Commerce, and any other Federal department or agency
operating a telecommunications network for educational
purposes, shall coordinate the activities assisted under this
part with the activities of such department or agency
relating to a telecommunications network for educational
purposes.
``(h) Closed Captioning and Descriptive Video.--Each entity
receiving funds under this part is encouraged to provide--
``(1) closed captioning of the verbal content of such
program, where appropriate, to be broadcast by way of line 21
of the vertical blanking interval, or by way of comparable
successor technologies; and
``(2) descriptive video of the visual content of such
program, as appropriate.
``SEC. 3205. ELIGIBLE ENTITIES.
``(a) Eligible Entities.--
``(1) Required participation.--The Secretary may make a
grant under section 3204 to any eligible entity, if at least
one local educational agency is participating in the proposed
project.
``(2) Eligible entity.--For the purpose of this part, the
term `eligible entity' may include--
``(A) a public agency or corporation established for the
purpose of developing and operating telecommunications
networks to enhance educational opportunities provided by
educational institutions, teacher training centers, and other
entities, except that any such agency or corporation shall
represent the interests of elementary and secondary schools
that are eligible to participate in the program under part A
of title I; or
``(B) a partnership that will provide telecommunications
services and which includes 3 or more of the following
entities, at least 1 of which shall be an agency described in
clause (i) or (ii):
``(i) a local educational agency that serves a significant
number of elementary and secondary schools that are eligible
for assistance under part A of title I, or elementary and
secondary schools operated or funded for Indian children by
the Department of the Interior eligible under section
1121(b)(2);
``(ii) a State educational agency;
``(iii) adult and family education programs;
``(iv) an institution of higher education or a State higher
education agency;
``(v) a teacher training center or academy that--
``(I) provides teacher pre-service and in-service training;
and
``(II) receives Federal financial assistance or has been
approved by a State agency;
``(vi)(I) a public or private entity with experience and
expertise in the planning and operation of a
telecommunications network, including entities involved in
telecommunications through satellite, cable, telephone, or
computer; or
[[Page 2132]]
``(II) a public broadcasting entity with such experience;
or
``(vii) a public or private elementary or secondary school.
``(b) Special Rule.--An eligible entity receiving
assistance under this part shall be organized on a statewide
or multistate basis.
``SEC. 3206. APPLICATIONS.
``(a) Applications Required.--Each eligible entity which
desires to receive a grant under section 3204 shall submit an
application to the Secretary, at such time, in such manner,
and containing or accompanied by such information as the
Secretary may reasonably require.
``(b) Star School Award Applications.--Each application
submitted pursuant to subsection (a) shall--
``(1) describe how the proposed project will assist in
achieving the National Education Goals, how such project will
assist all students to have an opportunity to learn to
challenging State standards, how such project will assist
State and local educational reform efforts, and how such
project will contribute to creating a high quality system of
lifelong learning;
``(2) describe the telecommunications facilities and
equipment and technical assistance for which assistance is
sought, which may include--
``(A) the design, development, construction, acquisition,
maintenance and operation of State or multistate educational
telecommunications networks and technology resource centers;
``(B) microwave, fiber optics, cable, and satellite
transmission equipment or any combination thereof;
``(C) reception facilities;
``(D) satellite time;
``(E) production facilities;
``(F) other telecommunications equipment capable of serving
a wide geographic area;
``(G) the provision of training services to instructors who
will be using the facilities and equipment for which
assistance is sought, including training in using such
facilities and equipment and training in integrating programs
into the classroom curriculum; and
``(H) the development of educational and related
programming for use on a telecommunications network;
``(3) in the case of an application for assistance for
instructional programming, describe the types of programming
which will be developed to enhance instruction and training
and provide assurances that such programming will be designed
in consultation with professionals (including classroom
teachers) who are experts in the applicable subject matter
and grade level;
``(4) describe how the eligible entity has engaged in
sufficient survey and analysis of the area to be served to
ensure that the services offered by the eligible entity will
increase the availability of courses of instruction in
English, mathematics, science, foreign languages, arts,
history, geography, or other disciplines;
``(5) describe the professional development policies for
teachers and other school personnel to be implemented to
ensure the effective use of the telecommunications facilities
and equipment for which assistance is sought;
``(6) describe the manner in which historically underserved
students (such as students from low-income families, limited
English proficient students, students with disabilities, or
students who have low literacy skills) and their families,
will participate in the benefits of the telecommunications
facilities, equipment, technical assistance, and programming
assisted under this part;
``(7) describe how existing telecommunications equipment,
facilities, and services, where available, will be used;
``(8) provide assurances that the financial interest of the
United States in the telecommunications facilities and
equipment will be protected for the useful life of such
facilities and equipment;
``(9) provide assurances that a significant portion of any
facilities and equipment, technical assistance, and
programming for which assistance is sought for elementary and
secondary schools will be made available to schools or local
educational agencies that have a high number or percentage of
children eligible to be counted under part A of title I;
``(10) provide assurances that the applicant will use the
funds provided under this part to supplement and not supplant
funds otherwise available for the purposes of this part;
``(11) if any member of the consortia receives assistance
under subpart 3 of part A, describe how funds received under
this part will be coordinated with funds received for
educational technology in the classroom under such section;
``(12) describe the activities or services for which
assistance is sought, such as--
``(A) providing facilities, equipment, training services,
and technical assistance;
``(B) making programs accessible to students with
disabilities through mechanisms such as closed captioning and
descriptive video services;
``(C) linking networks around issues of national importance
(such as elections) or to provide information about
employment opportunities, job training, or student and other
social service programs;
``(D) sharing curriculum resources between networks and
development of program guides which demonstrate cooperative,
cross-network listing of programs for specific curriculum
areas;
``(E) providing teacher and student support services
including classroom and training support materials which
permit student and teacher involvement in the live
interactive distance learning telecasts;
``(F) incorporating community resources such as libraries
and museums into instructional programs;
``(G) providing professional development for teachers,
including, as appropriate, training to early childhood
development and Head Start teachers and staff and vocational
education teachers and staff, and adult and family educators;
``(H) providing programs for adults to maximize the use of
telecommunications facilities and equipment;
``(I) providing teacher training on proposed or established
voluntary national content standards in mathematics and
science and other disciplines as such standards are
developed; and
``(J) providing parent education programs during and after
the regular school day which reinforce a student's course of
study and actively involve parents in the learning process;
``(13) describe how the proposed project as a whole will be
financed and how arrangements for future financing will be
developed before the project expires;
``(14) provide an assurance that a significant portion of
any facilities, equipment, technical assistance, and
programming for which assistance is sought for elementary and
secondary schools will be made available to schools in local
educational agencies that have a high percentage of children
counted for the purpose of part A of title I;
``(15) provide an assurance that the applicant will provide
such information and cooperate in any evaluation that the
Secretary may conduct under this part; and
``(16) include such additional assurances as the Secretary
may reasonably require.
``(c) Priorities.--The Secretary, in approving applications
for grants authorized under section 3204, shall give priority
to applications describing projects that--
``(1) propose high-quality plans to assist in achieving one
or more of the National Education Goals, will provide
instruction consistent with State content standards, or will
otherwise provide significant and specific assistance to
States and local educational agencies undertaking systemic
education reform;
``(2) will provide services to programs serving adults,
especially parents, with low levels of literacy;
``(3) will serve schools with significant numbers of
children counted for the purposes of part A of title I;
``(4) ensure that the eligible entity will--
``(A) serve the broadest range of institutions, programs
providing instruction outside of the school setting, programs
serving adults, especially parents, with low levels of
literacy, institutions of higher education, teacher training
centers, research institutes, and private industry;
``(B) have substantial academic and teaching capabilities,
including the capability of training, retraining, and
inservice upgrading of teaching skills and the capability to
provide professional development;
``(C) provide a comprehensive range of courses for
educators to teach instructional strategies for students with
different skill levels;
``(D) provide training to participating educators in ways
to integrate telecommunications courses into existing school
curriculum; and
``(E) provide instruction for students, teachers, and
parents;
``(F) serve a multistate area; and
``(G) give priority to the provision of equipment and
linkages to isolated areas; and
``(5) involve a telecommunications entity (such as a
satellite, cable, telephone, computer, or public or private
television stations) participating in the eligible entity and
donating equipment or in kind services for telecommunications
linkages.
``(d) Geographic Distribution.--In approving applications
for grants authorized under section 3204, the Secretary
shall, to the extent feasible, ensure an equitable geographic
distribution of services provided under this part.
``SEC. 3207. LEADERSHIP AND EVALUATION ACTIVITIES.
``(a) Reservation.--From the amount appropriated pursuant
to the authority of section 3204(c)(1) in each fiscal year,
the Secretary may reserve not more than 5 percent of such
amount for national leadership, evaluation, and peer review
activities.
``(b) Method of Funding.--The Secretary may fund the
activities described in subsection (a) directly or through
grants, contracts, and cooperative agreements.
``(c) Uses of Funds.--
``(1) Leadership.--Funds reserved for leadership activities
under subsection (a) may be used for--
``(A) disseminating information, including lists and
descriptions of services available from grant recipients
under this part; and
``(B) other activities designed to enhance the quality of
distance learning activities nationwide.
``(2) Evaluation.--Funds reserved for evaluation activities
under subsection (a) may be used to conduct independent
evaluations of the activities assisted under this part and of
distance learning in general, including--
``(A) analyses of distance learning efforts, including such
efforts that are assisted under this part and such efforts
that are not assisted under this part; and
``(B) comparisons of the effects, including student
outcomes, of different technologies in distance learning
efforts.
[[Page 2133]]
``(3) Peer review.--Funds reserved for peer review
activities under subsection (a) may be used for peer review
of--
``(A) applications for grants under this part; and
``(B) activities assisted under this part.
``SEC. 3208. DEFINITIONS.
``As used in this part--
``(1) the term `educational institution' means an
institution of higher education, a local educational agency,
or a State educational agency;
``(2) the term `instructional programming' means courses of
instruction and training courses for elementary and secondary
students, teachers, and others, and materials for use in such
instruction and training that have been prepared in audio and
visual form on tape, disc, film, or live, and presented by
means of telecommunications devices; and
``(3) the term `public broadcasting entity' has the same
meaning given such term in section 397 of the Communications
Act of 1934.
``SEC. 3209. ADMINISTRATIVE PROVISIONS.
``(a) Continuing Eligibility.--
``(1) In general.--In order to be eligible to receive a
grant under section 3204 for a second 3-year grant period an
eligible entity shall demonstrate in the application
submitted pursuant to section 3206 that such partnership
shall--
``(A) continue to provide services in the subject areas and
geographic areas assisted with funds received under this part
for the previous 5-year grant period; and
``(B) use all grant funds received under this part for the
second 3-year grant period to provide expanded services by--
``(i) increasing the number of students, schools or school
districts served by the courses of instruction assisted under
this part in the previous fiscal year;
``(ii) providing new courses of instruction; and
``(iii) serving new populations of underserved individuals,
such as children or adults who are disadvantaged, have
limited-English proficiency, are individuals with
disabilities, are illiterate, or lack secondary school
diplomas or their recognized equivalent.
``(2) Special rule.--Grant funds received pursuant to
paragraph (1) shall be used to supplement and not supplant
services provided by the grant recipient under this part in
the previous fiscal year.
``(b) Federal Activities.--The Secretary may assist grant
recipients under section 3204 in acquiring satellite time,
where appropriate, as economically as possible.
``SEC. 3210. OTHER ASSISTANCE.
``(a) Special Statewide Network.--
``(1) In general.--The Secretary, through the Office of
Educational Technology, may provide assistance to a statewide
telecommunications network under this subsection if such
network--
``(A) provides 2-way full motion interactive video and
audio communications;
``(B) links together public colleges and universities and
secondary schools throughout the State; and
``(C) meets any other requirements determined appropriate
by the Secretary.
``(2) State contribution.--A statewide telecommunications
network assisted under paragraph (1) shall contribute, either
directly or through private contributions, non-Federal funds
equal to not less than 50 percent of the cost of such
network.
``(b) Special Local Network.--
``(1) In general.--The Secretary may provide assistance, on
a competitive basis, to a local educational agency or
consortium thereof to enable such agency or consortium to
establish a high technology demonstration program.
``(2) Program requirements.--A high technology
demonstration program assisted under paragraph (1) shall--
``(A) include 2-way full motion interactive video, audio
and text communications;
``(B) link together elementary and secondary schools,
colleges, and universities;
``(C) provide parent participation and family programs;
``(D) include a staff development program; and
``(E) have a significant contribution and participation
from business and industry.
``(3) Special rule.--Each high technology demonstration
program assisted under paragraph (1) shall be of sufficient
size and scope to have an effect on meeting the National
Education Goals.
``(4) Matching requirement.--A local educational agency or
consortium receiving a grant under paragraph (1) shall
provide, either directly or through private contributions,
non-Federal matching funds equal to not less than 50 percent
of the amount of the grant.
``(c) Telecommunications Programs for Continuing
Education.--
``(1) Authority.--The Secretary is authorized to award
grants, on a competitive basis, to eligible entities to
enable such partnerships to develop and operate one or more
programs which provide on-line access to educational
resources in support of continuing education and curriculum
requirements relevant to achieving a secondary school diploma
or its recognized equivalent. The program authorized by this
section shall be designed to advance adult literacy,
secondary school completion and the acquisition of specified
competency by the end of the 12th grade, as envisioned by the
Goals 2000: Educate America Act.
``(2) Application.--Each eligible entity desiring a grant
under this section shall submit an application to the
Secretary. Each such application shall--
``(A) demonstrate that the applicant will use publicly
funded or free public telecommunications infrastructure to
deliver video, voice and data in an integrated service to
support and assist in the acquisition of a secondary school
diploma or its recognized equivalent;
``(B) assure that the content of the materials to be
delivered is consistent with the accreditation requirements
of the State for which such materials are used;
``(C) incorporate, to the extent feasible, materials
developed in the Federal departments and agencies and under
appropriate federally funded projects and programs;
``(D) assure that the applicant has the technological and
substantive experience to carry out the program; and
``(E) contain such additional assurances as the Secretary
may reasonably require.
``PART C--READY-TO-LEARN TELEVISION
``SEC. 3301. READY-TO-LEARN.
``(a) In General.--The Secretary is authorized to award
grants to or enter into contracts or cooperative agreements
with eligible entities described in section 3302(b) to
develop, produce, and distribute educational and
instructional video programming for preschool and elementary
school children and their parents in order to facilitate the
achievement of the National Education Goals.
``(b) Availability.--In making such grants, contracts, or
cooperative agreements, the Secretary shall ensure that
recipients make programming widely available with support
materials as appropriate to young children, their parents,
child care workers, and Head Start providers to increase the
effective use of such programming.
``SEC. 3302. EDUCATIONAL PROGRAMMING.
``(a) Awards.--The Secretary shall award grants, contracts,
or cooperative agreements to eligible entities to--
``(1) facilitate the development directly or through
contracts with producers of children and family educational
television programming, educational programming for preschool
and elementary school children, and accompanying support
materials and services that promote the effective use of such
programming; and
``(2) enable such entities to contract with entities (such
as public telecommunications entities and those funded under
the Star Schools Act) so that programs developed under this
section are disseminated and distributed to the widest
possible audience appropriate to be served by the programming
by the most appropriate distribution technologies.
``(b) Eligible Entities.--To be eligible to receive a
grant, contract, or cooperative agreement under subsection
(a), an entity shall be--
``(1) a nonprofit entity (including a public
telecommunications entity) able to demonstrate a capacity for
the development and distribution of educational and
instructional television programming of high quality for
preschool and elementary school children; and
``(2) able to demonstrate a capacity to contract with the
producers of children's television programming for the
purpose of developing educational television programming of
high quality for preschool and elementary school children.
``(c) Cultural Experiences.--Programming developed under
this section shall reflect the recognition of diverse
cultural experiences and the needs and experiences of both
boys and girls in engaging and preparing young children for
schooling.
``SEC. 3303. DUTIES OF SECRETARY.
``The Secretary is authorized--
``(1) to establish and administer a Special Projects of
National Significance program to award grants, contracts, or
cooperative agreements to public and nonprofit private
entities, or local public television stations or such public
television stations that are part of a consortium with one or
more State educational agencies, local educational agencies,
local schools, institutions of higher education, or
community-based organizations of demonstrated effectiveness,
for the purpose of--
``(A) addressing the learning needs of young children in
limited English proficient households, and developing
appropriate educational and instructional television
programming to foster the school readiness of such children;
``(B) developing programming and support materials to
increase family literacy skills among parents to assist
parents in teaching their children and utilizing educational
television programming to promote school readiness; and
``(C) identifying, supporting, and enhancing the effective
use and outreach of innovative programs that promote school
readiness;
``(2) to establish within the Department a clearinghouse to
compile and provide information, referrals and model program
materials and programming obtained or developed under this
part to parents, child care providers, and other appropriate
individuals or entities to assist such individuals and
entities in accessing programs and projects under this part;
and
``(3) to develop and disseminate training materials,
including--
``(A) interactive programs and programs adaptable to
distance learning technologies that are designed to enhance
knowledge of children's social and cognitive skill develop-
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ment and positive adult-child interactions; and
``(B) support materials to promote the effective use of
materials developed under paragraph (2);
among parents, Head Start providers, in-home and center based
day care providers, early childhood development personnel,
and elementary school teachers, public libraries, and after
school program personnel caring for preschool and elementary
school children;
``(4) coordinate activities with the Secretary of Health
and Human Services in order to--
``(A) maximize the utilization of quality educational
programming by preschool and elementary school children, and
make such programming widely available to federally funded
programs serving such populations; and
``(B) provide information to recipients of funds under
Federal programs that have major training components for
early childhood development, including Head Start, Even
Start, and State training activities funded under the Child
Care Development Block Grant Act of 1990 regarding the
availability and utilization of materials developed under
paragraph (3) to enhance parent and child care provider
skills in early childhood development and education.
``SEC. 3304. APPLICATIONS.
``Each eligible entity desiring a grant, contract, or
cooperative agreement under section 3301 or 3303 shall submit
an application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may
reasonably require.
``SEC. 3305. REPORTS AND EVALUATION.
``(a) Annual Report to Secretary.--An entity receiving
funds under section 3301 shall prepare and submit to the
Secretary an annual report which contains such information as
the Secretary may require. At a minimum, the report shall
describe the program activities undertaken with funds
received under this section, including--
``(1) the programming that has been developed directly or
indirectly by the entity, and the target population of the
programs developed;
``(2) the support materials that have been developed to
accompany the programming, and the method by which such
materials are distributed to consumers and users of the
programming;
``(3) the means by which programming developed under this
section has been distributed, including the distance learning
technologies that have been utilized to make programming
available and the geographic distribution achieved through
such technologies; and
``(4) the initiatives undertaken by the entity to develop
public-private partnerships to secure non-Federal support for
the development and distribution and broadcast of educational
and instructional programming.
``(b) Report to Congress.--The Secretary shall prepare and
submit to the relevant committees of Congress a biannual
report which includes--
``(1) a summary of the information made available under
section 3302(a); and
``(2) a description of the training materials made
available under section 3303(3), the manner in which outreach
has been conducted to inform parents and child care providers
of the availability of such materials, and the manner in
which such materials have been distributed in accordance with
such section.
``SEC. 3306. ADMINISTRATIVE COSTS.
``With respect to the implementation of section 3302,
entities receiving a grant, contract, or cooperative
agreement from the Secretary may use not more than 5 percent
of the amounts received under such section for the normal and
customary expenses of administering the grant, contract, or
cooperative agreement.
``SEC. 3307. DEFINITION.
``For the purposes of this part, the term `distance
learning' means the transmission of educational or
instructional programming to geographically dispersed
individuals and groups via telecommunications.
``SEC. 3308. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated
to carry out this part, $30,000,000 for fiscal year 1995, and
such sums as may be necessary for each of the four succeeding
fiscal years. Not less than 60 percent of the amounts
appropriated under this subsection for each fiscal year shall
be used to carry out section 3302.
``(b) Special Projects.--Of the amount appropriated under
subsection (b) for each fiscal year, at least 10 percent of
such amount shall be used for each such fiscal year for
activities under section 3303(1)(C).
``PART D--TELECOMMUNICATIONS DEMONSTRATION PROJECT FOR MATHEMATICS
``SEC. 3401. PROJECT AUTHORIZED.
``The Secretary is authorized to make grants to a nonprofit
telecommunications entity, or partnership of such entities,
for the purpose of carrying out a national
telecommunications-based demonstration project to improve the
teaching of mathematics. The demonstration project authorized
by this part shall be designed to assist elementary and
secondary school teachers in preparing all students for
achieving State content standards.
``SEC. 3402. APPLICATION REQUIRED.
``(a) In General.--Each nonprofit telecommunications
entity, or partnership of such entities, desiring a grant
under this part shall submit an application to the Secretary.
Each such application shall--
``(1) demonstrate that the applicant will use the existing
publicly funded telecommunications infrastructure to deliver
video, voice and data in an integrated service to train
teachers in the use of new standards-based curricula
materials and learning technologies;
``(2) assure that the project for which assistance is
sought will be conducted in cooperation with appropriate
State educational agencies, local educational agencies, State
or local nonprofit public telecommunications entities, and a
national mathematics education professional association that
has developed content standards;
``(3) assure that a significant portion of the benefits
available for elementary and secondary schools from the
project for which assistance is sought will be available to
schools of local educational agencies which have a high
percentage of children counted for the purpose of part A of
title I; and
``(4) contain such additional assurances as the Secretary
may reasonably require.
``(b) Approval of Applications; Number of Demonstration
Sites.--In approving applications under this section, the
Secretary shall assure that the demonstration project
authorized by this part is conducted at elementary and
secondary school sites in at least 15 States.
``SEC. 3403. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part, $5,000,000 for the fiscal year 1995, and such sums as
may be necessary for each of the four succeeding fiscal
years.
``PART E--ELEMENTARY MATHEMATICS AND SCIENCE EQUIPMENT PROGRAM
``SEC. 3501. SHORT TITLE.
``This part may be cited as the `Elementary Mathematics and
Science Equipment Act'.
``SEC. 3502. STATEMENT OF PURPOSE.
``It is the purpose of this part to raise the quality of
instruction in mathematics and science in the Nation's
elementary schools by providing equipment and materials
necessary for hands-on instruction through assistance to
State and local educational agencies.
``SEC. 3503. PROGRAM AUTHORIZED.
``The Secretary is authorized to make allotments to State
educational agencies under section 3504 to enable such
agencies to award grants to local educational agencies for
the purpose of providing equipment and materials to
elementary schools to improve mathematics and science
education in such schools.
``SEC. 3504. ALLOTMENTS OF FUNDS.
``(a) In General.--From the amount appropriated under
section 3509 for any fiscal year, the Secretary shall
reserve--
``(1) not more than one-half of 1 percent for allotment
among Guam, American Samoa, the Virgin Islands, and the
Northern Mariana Islands according to their respective needs
for assistance under this part; and
``(2) one-half of 1 percent for programs for Indian
students served by schools funded by the Secretary of the
Interior which are consistent with the purposes of this part.
``(b) Allotment.--
``(1) In general.--The remainder of the amount so
appropriated (after meeting requirements in subsection (a))
shall be allotted among State educational agencies so that--
``(A) one-half of such remainder shall be distributed by
allotting to each State educational agency an amount which
bears the same ratio to such one-half of such remainder as
the number of children aged 5 to 17, inclusive, in the State
bears to the number of such children in all States; and
``(B) one-half of such remainder shall be distributed
according to each State's share of allocations under part A
of title I.
``(2) Minimum.--Except as provided in paragraph (3), no
State educational agency shall receive an allotment under
this subsection for any fiscal year in an amount that is--
``(A) less than one-half of 1 percent of the amount made
available under this subsection for such fiscal year; or
``(B) less than the amount allotted to such State for
fiscal year 1988 under title II of the Education for Economic
Security Act.
``(3) Ratable reductions.--(A) If the sums made available
under this part for any fiscal year are insufficient to pay
the full amounts that all State educational agencies are
eligible to receive under paragraph (2)(B) for such year, the
Secretary shall ratably reduce the allotment to such agencies
for such year.
``(B) If additional funds become available for making
payments under paragraph (2)(B) for such fiscal year,
allotments that were reduced under subparagraph (A) shall be
increased on the same basis as such allotments were reduced.
``(c) Reallotment of Unused Funds.--The amount of any State
educational agency's allotment under subsection (b) for any
fiscal year to carry out this part which the Secretary
determines will not be required for that fiscal year to carry
out this part shall be available for reallotment from time to
time, on such dates during that year as the Secretary may
determine, to other State educational agencies in proportion
to the original allotments to those State educational
agencies under subsection (b) for
[[Page 2135]]
that year but with such proportionate amount for any of those
other State educational agencies being reduced to the extent
it exceeds the sum the Secretary estimates that the State
educational agency needs and will be able to use for that
year, and the total of those reductions shall be similarly
reallotted among the State educational agencies whose
proportionate amounts were not so reduced. Any amounts
reallotted to a State educational agency under this
subsection during a year shall be deemed a part of the State
educational agency's allotment under subsection (b) for that
year.
``(d) Definition.--For the purposes of this part the term
`State' means each of the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico.
``(e) Data.--The number of children aged 5 to 17,
inclusive, in the State and in all States shall be determined
by the Secretary on the basis of the most recent satisfactory
data available to the Secretary.
``SEC. 3505. STATE APPLICATION.
``(a) Application.--Each State educational agency desiring
to receive an allotment under this part shall file an
application with the Secretary which covers a period of 5
fiscal years. Such application shall be filed at such time,
in such manner, and containing or accompanied by such
information as the Secretary may reasonably require.
``(b) Contents of Application.--Each application described
in subsection (a) shall--
``(1) provide assurances that--
``(A) the State educational agency shall use the allotment
provided under this part to award grants to local educational
agencies within the State to enable such local educational
agencies to provide assistance to schools served by such
agency to carry out the purpose of this part;
``(B) the State educational agency will provide such fiscal
control and funds accounting as the Secretary may require;
``(C) every public elementary school in the State is
eligible to receive assistance under this part once over the
5-year duration of the program assisted under this part;
``(D) funds provided under this part will supplement, not
supplant, State and local funds made available for activities
authorized under this part;
``(E) during the 5-year period described in the
application, the State educational agency will evaluate its
standards and programs for teacher preparation and inservice
professional development for elementary mathematics and
science;
``(F) the State educational agency will take into account
the needs for greater access to and participation in
mathematics and science by students and teachers from
historically underrepresented groups, including females,
minorities, individuals with limited English proficiency, the
economically disadvantaged, and individuals with
disabilities; and
``(G) that the needs of teachers and students in areas with
high concentrations of low-income students and sparsely
populated areas will be given priority in awarding assistance
under this part;
``(2) provide, if appropriate, a description of how funds
paid under this part will be coordinated with State and local
funds and other Federal resources, particularly with respect
to programs for the professional development and inservice
training of elementary school teachers in science and
mathematics; and
``(3) describe procedures--
``(A) for submitting applications for programs described in
section 3506 for distribution of assistance under this part
within the State; and
``(B) for approval of applications by the State educational
agency, including appropriate procedures to assure that such
agency will not disapprove an application without notice and
opportunity for a hearing.
``(c) State Administration.--Not more than 5 percent of the
funds allotted to each State educational agency under this
part shall be used for the administrative costs of such
agency associated with carrying out the program assisted
under this part.
``SEC. 3506. LOCAL APPLICATION.
``(a) Application.--A local educational agency that desires
to receive a grant under this part shall submit an
application to the State educational agency. Each such
application shall contain assurances that each school served
by the local educational agency shall be eligible for
assistance under this part only once.
``(b) Contents of Application.--Each application described
in subsection (a) shall--
``(1) describe how the local educational agency plans to
set priorities on the use and distribution among schools of
grant funds received under this part to meet the purpose of
this part;
``(2) include assurances that the local educational agency
has made every effort to match on a dollar-for-dollar basis
from private or public sources the funds received under this
part, except that no such application shall be penalized or
denied assistance under this part based on failure to provide
such matching funds;
``(3) describe, if applicable, how funds under this part
will be coordinated with State, local, and other Federal
resources, especially with respect to programs for the
professional development and inservice training of elementary
school teachers in science and mathematics; and
``(4) describe the process which will be used to determine
different levels of assistance to be awarded to schools with
different needs.
``(c) Priority.--In awarding grants under this part, the
State educational agency shall give priority to applications
that--
``(1) assign highest priority to providing assistance to
schools which--
``(A) are most seriously underequipped; or
``(B) serve large numbers or percentages of economically
disadvantaged students;
``(2) are attentive to the needs of underrepresented groups
in science and mathematics;
``(3) demonstrate how science and mathematics equipment
will be part of a comprehensive plan of curriculum planning
or implementation and teacher training supporting hands-on
laboratory activities; and
``(4) assign priority to providing equipment and materials
for students in grades 1 through 6.
``SEC. 3507. PROGRAM REQUIREMENTS.
``(a) Coordination.--Each State educational agency
receiving an allotment under this part shall--
``(1) disseminate information to school districts and
schools, including private nonprofit elementary schools,
regarding the program assisted under this part;
``(2) evaluate applications of local educational agencies;
``(3) award grants to local educational agencies based on
the priorities described in section 3506(c); and
``(4) evaluate local educational agencies' end-of-year
summaries and submit such evaluation to the Secretary.
``(b) Limitations on Use of Funds.--
``(1) In general.--Except as provided in paragraph (2),
grant funds and matching funds under this part only shall be
used to purchase science equipment, science materials, or
mathematical manipulative materials and shall not be used for
computers, computer peripherals, software, textbooks, or
staff development costs.
``(2) Capital improvements.--Grant funds under this part
may not be used for capital improvements. Not more than 50
percent of any matching funds provided by the local
educational agency may be used for capital improvements of
classroom science facilities to support the hands-on
instruction that this part is intended to support, such as
the installation of electrical outlets, plumbing, lab tables
or counters, or ventilation mechanisms.
``SEC. 3508. FEDERAL ADMINISTRATION.
``(a) Technical Assistance and Evaluation Procedures.--The
Secretary shall provide technical assistance and, in
consultation with State and local representatives of the
program assisted under this part, shall develop procedures
for State and local evaluations of the programs assisted
under this part.
``(b) Report.--The Secretary shall report to the Congress
each year on the program assisted under this part in
accordance with section 10701.
``SEC. 3509. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $30,000,000 for
fiscal year 1995, and such sums as may be necessary for each
of the four succeeding fiscal years, to carry out this part.
``PART F--ELEMENTARY AND SECONDARY SCHOOL LIBRARY MEDIA RESOURCES
PROGRAM
``SEC. 3601. PROGRAM AUTHORIZED.
``The Secretary shall award grants or make allocations in
accordance with section 3602 for the acquisition of school
library media resources for the use of students, library
media specialists, and teachers in elementary and secondary
schools in accordance with this part.
``SEC. 3602. ALLOCATION TO STATES.
``(a) From the amount appropriated pursuant to section 3605
in each fiscal year, the Secretary shall award funds to each
State having an approved plan under section 3603 as follows:
``(1) Amounts below $50,000,000.--If the amount made
available under subsection (a) for a fiscal year is less than
$50,000,000, then the Secretary shall award grants to States,
on a competitive basis, taking into account such factors as
age and condition of existing school library media
collections and the relative economic need of the students to
be served.
``(2) Amounts equal to or exceeding $50,000,000.--If the
amount made available under subsection (a) for a fiscal year
equals or exceeds $50,000,000, then the Secretary shall
allocate to each State an amount which bears the same
relationship to such amount as the amount such State received
under title II for such year bears to the amount all States
received under such title for such year.
``SEC. 3603. STATE PLANS.
``(a) In General.--In order for a State to receive a grant
or an allocation of funds under this part for any fiscal
year, such State shall have in effect for such fiscal year a
State plan. Such plan shall--
``(1) designate the State educational agency as the State
agency responsible for the administration of the program
assisted under this part;
``(2) set forth a program under which funds paid to the
State in accordance with section 3602 will be expended solely
for--
``(A) acquisition of school library media resources,
including books and foreign language resources, for the use
of students, school library media specialists, and teachers
in elementary and secondary schools in the United States; and
``(B) administration of the State plan, including
development and revision of standards, relating to school
library media resources, except that the amount used for ad-
[[Page 2136]]
ministration of the State plan in any fiscal year shall not
exceed three percent of the amount available to such State
under section 3602 for such fiscal year; and
``(3) set forth criteria to be used in allotting funds for
school library media resources among the local educational
agencies of the State, which allotment shall take into
consideration the relative need of the students, school media
specialists, and teachers to be served.
``(b) Plan Submission.--The State plan may be submitted as
part of a consolidated application under section 14302.
``SEC. 3604. DISTRIBUTION OF ALLOCATION TO LOCAL EDUCATIONAL
AGENCIES.
``From the funds allocated to a State under section 3602(2)
in each fiscal year, such State shall distribute not less
than 97 percent of such funds in such year to local
educational agencies within such State according to the
relative enrollment of students in elementary and secondary
schools within the school districts of such State, adjusted
to provide higher per pupil allotments to local educational
agencies that have the greatest number or percentages of
students whose education imposes a higher than average cost
per child, such as those students--
``(1) living in areas with high concentrations of low-
income families;
``(2) from low-income families; and
``(3) living in sparsely populated areas.
``SEC. 3605. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part $200,000,000 for fiscal year 1995 and such sums as may
be necessary for each of the four succeeding fiscal years.
``TITLE IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
``SEC. 4001. SHORT TITLE.
``This title may be cited as the `Safe and Drug-Free
Schools and Communities Act of 1994'.
``SEC. 4002. FINDINGS.
``The Congress finds as follows:
``(1) The seventh National Education Goal provides that by
the year 2000, all schools in America will be free of drugs
and violence and the unauthorized presence of firearms and
alcohol, and offer a disciplined environment that is
conducive to learning.
``(2) The widespread illegal use of alcohol and other drugs
among the Nation's secondary school students, and
increasingly by students in elementary schools as well,
constitutes a grave threat to such students' physical and
mental well-being, and significantly impedes the learning
process. For example, data show that students who drink tend
to receive lower grades and are more likely to miss school
because of illness than students who do not drink.
``(3) Our Nation's schools and communities are increasingly
plagued by violence and crime. Approximately 3,000,000 thefts
and violent crimes occur in or near our Nation's schools
every year, the equivalent of more than 16,000 incidents per
school day.
``(4) Violence that is linked to prejudice and intolerance
victimizes entire communities leading to more violence and
discrimination.
``(5) The tragic consequences of violence and the illegal
use of alcohol and drugs by students are felt not only by
students and such students' families, but by such students'
communities and the Nation, which can ill afford to lose such
students' skills, talents, and vitality.
``(6) While use of illegal drugs is a serious problem among
a minority of teenagers, alcohol use is far more widespread.
The proportion of high school students using alcohol, though
lower than a decade ago, remains unacceptably high. By the
8th grade, 70 percent of youth report having tried alcohol
and by the 12th grade, about 88 percent have used alcohol.
Alcohol use by young people can and does have adverse
consequences for users, their families, communities, schools,
and colleges.
``(7) Alcohol and tobacco are widely used by young people.
Such use can, and does, have adverse consequences for young
people, their families, communities, schools, and colleges.
Drug prevention programs for youth that address only
controlled drugs send an erroneous message that alcohol and
tobacco do not present significant problems, or that society
is willing to overlook their use. To be credible, messages
opposing illegal drug use by youth should address alcohol and
tobacco as well.
``(8) Every day approximately 3,000 children start smoking.
Thirty percent of all secondary school seniors are smokers.
Half of all new smokers begin smoking before the age of 14,
90 percent of such smokers begin before the age of 21, and
the average age of the first use of smokeless tobacco is
under the age of 10. Use of tobacco products has been linked
to serious health problems. Drug education and prevention
programs that include tobacco have been effective in reducing
teenage use of tobacco.
``(9) Drug and violence prevention programs are essential
components of a comprehensive strategy to promote school
safety and to reduce the demand for and use of drugs
throughout the Nation. Schools and local organizations in
communities throughout the Nation have a special
responsibility to work together to combat the growing
epidemic of violence and illegal drug use and should measure
the success of their programs against clearly defined goals
and objectives.
``(10) Students must take greater responsibility for their
own well-being, health, and safety if schools and communities
are to achieve the goals of providing a safe, disciplined,
and drug-free learning environment.
``SEC. 4003. PURPOSE.
``The purpose of this title is to support programs to meet
the seventh National Education Goal by preventing violence in
and around schools and by strengthening programs that prevent
the illegal use of alcohol, tobacco, and drugs, involve
parents, and are coordinated with related Federal, State, and
community efforts and resources, through the provision of
Federal assistance to--
``(1) States for grants to local educational agencies and
educational service agencies and consortia of such agencies
to establish, operate, and improve local programs of school
drug and violence prevention, early intervention,
rehabilitation referral, and education in elementary and
secondary schools (including intermediate and junior high
schools);
``(2) States for grants to, and contracts with, community-
based organizations and other public and private nonprofit
agencies and organizations for programs of drug and violence
prevention, early intervention, rehabilitation referral, and
education;
``(3) States for development, training, technical
assistance, and coordination activities;
``(4) public and private nonprofit organizations to conduct
training, demonstrations, and evaluation, and to provide
supplementary services for the prevention of drug use and
violence among students and youth; and
``(5) institutions of higher education to establish,
operate, expand, and improve programs of school drug and
violence prevention, education, and rehabilitation referral
for students enrolled in colleges and universities.
``SEC. 4004. FUNDING.
``There are authorized to be appropriated--
``(1) $630,000,000 for fiscal year 1995, and such sums as
may be necessary for each of the four succeeding fiscal
years, for State grants under subpart 1; and
``(2) $25,000,000 for fiscal year 1995, and such sums as
may be necessary for each of the 4 succeeding fiscal years,
for national programs under subpart 2.
``PART A--STATE GRANTS FOR DRUG AND VIOLENCE PREVENTION PROGRAMS
``Subpart 1--State Grants for Drug and Violence Prevention Programs
``SEC. 4011. RESERVATIONS AND ALLOTMENTS.
``(a) Reservations.--From the amount made available under
section 4004(a) to carry out this subpart for each fiscal
year, the Secretary--
``(1) shall reserve 1 percent of such amount for grants
under this subpart to Guam, American Samoa, the Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands, to be allotted in accordance with the Secretary's
determination of their respective needs;
``(2) shall reserve 1 percent of such amount for the
Secretary of the Interior to carry out programs under this
part for Indian youth;
``(3) may reserve not more than $1,000,000 for the national
impact evaluation required by section 4117(a); and
``(4) shall reserve 0.2 percent of such amount for programs
for Native Hawaiians under section 4118.
``(b) State Allotments.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary shall, for each fiscal year, allocate among the
States--
``(A) one-half of the remainder not reserved under
subsection (a) according to the ratio between the school-aged
population of each State and the school-aged population of
all the States; and
``(B) one-half of such remainder according to the ratio
between the amount each State received under part A of title
I for the preceding year (or, for fiscal year 1995 only,
sections 1005 and 1006 of this Act as such sections were in
existence on the day preceding the date of enactment of the
Improving America's Schools Act of 1994) and the sum of such
amounts received by all the States.
``(2) Minimum.--For any fiscal year, no State shall be
allotted under this subsection an amount that is less than
one-half of 1 percent of the total amount allotted to all the
States under this subsection.
``(3) Reallotment.--The Secretary may reallot any amount of
any allotment to a State if the Secretary determines that the
State will be unable to use such amount within two years of
such allotment. Such reallotments shall be made on the same
basis as allotments are made under paragraph (1).
``(4) Definitions.--For the purpose of this subsection--
``(A) the term `State' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico;
and
``(B) the term `local educational agency' includes
educational service agencies and consortia of such agencies.
``SEC. 4112. STATE APPLICATIONS.
``(a) In General.--In order to receive an allotment under
section 4111 for any fiscal year, a State shall submit to the
Secretary, at such time as the Secretary may require, an
application that--
``(1) describes how funds under this subpart will be
coordinated with programs under this Act, the Goals 2000:
Educate America Act, and other Acts, as appropriate, in
accordance with the provisions of section 14306;
``(2) contains the results of the State's needs assessment
for drug and violence prevention programs, which shall be
based on the results of on-going State evaluation activities,
including data on the prevalence of
[[Page 2137]]
drug use and violence by youth in schools and communities;
``(3) contains assurances that the sections of the
application concerning the funds provided to the chief
executive officer and the State educational agency were
developed separately by such officer or agency, respectively,
but in consultation and coordination with appropriate State
officials and others, including the chief State school
officer, the chief executive officer, the head of the State
alcohol and drug abuse agency, the heads of the State health
and mental health agencies, the head of the State criminal
justice planning agency, the head of the State child welfare
agency, the head of the State board of education, or their
designees, and representatives of parents, students, and
community-based organizations;
``(4) contains an assurance that the State will cooperate
with, and assist, the Secretary in conducting a national
impact evaluation of programs required by section 4117(a);
and
``(5) includes any other information the Secretary may
require.
``(b) State Educational Agency Funds.--A State's
application under this section shall also contain a
comprehensive plan for the use of funds under section 4113(a)
by the State educational agency that includes--
``(1) a statement of the State educational agency's
measurable goals and objectives for drug and violence
prevention and a description of the procedures such agency
will use for assessing and publicly reporting progress toward
meeting those goals and objectives;
``(2) a plan for monitoring the implementation of, and
providing technical assistance regarding, the drug and
violence prevention programs conducted by local educational
agencies in accordance with section 4116;
``(3) a description of how the State educational agency
will use funds under section 4113(b);
``(4) a description of how the State educational agency
will coordinate such agency's activities under this subpart
with the chief executive officer's drug and violence
prevention programs under this subpart and with the
prevention efforts of other State agencies;
``(5) an explanation of the criteria the State educational
agency will use to identify which local educational agencies
receive supplemental funds under section 4113(d)(2)(A)(ii)
and how the supplemental funds will be allocated among such
local educational agencies; and
``(6) a description of the procedures the State educational
agency will use to review applications from local educational
agencies under section 4115.
``(c) Governor's Funds.--A State's application under this
section shall also contain a comprehensive plan for the use
of funds under section 4114(a) by the chief executive officer
that includes--
``(1) a statement of the chief executive officer's
measurable goals and objectives for drug and violence
prevention and a description of the procedures to be used for
assessing and publicly reporting progress toward meeting such
goals and objectives;
``(2) a description of how the chief executive officer will
coordinate such officer's activities under this part with the
State educational agency and other State agencies and
organizations involved with drug and violence prevention
efforts;
``(3) a description of how funds reserved under section
4114(a) will be used so as not to duplicate the efforts of
the State educational agency and local educational agencies
with regard to the provision of school-based prevention
efforts and services and how those funds will be used to
serve populations not normally served by the State
educational agency, such as school dropouts and youth in
detention centers;
``(4) a description of how the chief executive officer will
award funds under section 4114(a) and a plan for monitoring
the performance of, and providing technical assistance to,
recipients of such funds;
``(5) a description of the special outreach activities that
will be carried out to maximize the participation of
community-based organizations of demonstrated effectiveness
which provide services in low-income communities; and
``(6) a description of how funds will be used to support
community-wide comprehensive drug and violence prevention
planning.
``(d) Peer Review.--The Secretary shall use a peer review
process in reviewing State applications under this section.
``(e) Interim Application.--Notwithstanding any other
provisions of this section, a State may submit for fiscal
year 1995 a one-year interim application and plan for the use
of funds under this subpart that are consistent with the
requirements of this section and contain such information as
the Secretary may specify in regulations. The purpose of such
interim application and plan shall be to afford the State the
opportunity to fully develop and review such State's
application and comprehensive plan otherwise required by this
section. A State may not receive a grant under this subpart
for a fiscal year subsequent to fiscal year 1995 unless the
Secretary has approved such State's application and
comprehensive plan in accordance with this subpart.
``SEC. 4113. STATE AND LOCAL EDUCATIONAL AGENCY PROGRAMS.
``(a) Use of Funds.--
``(1) In general.--Except as provided in paragraph (2), an
amount equal to 80 percent of the total amount allocated to a
State under section 4111 for each fiscal year shall be used
by the State educational agency and its local educational
agencies for drug and violence prevention activities in
accordance with this section.
``(2) Exception.--(A) If a State has, on or before January
1, 1994, established an independent State agency for the
purpose of administering all of the funds described in
section 5121 of this Act (as such section was in effect on
the day preceding the date of the enactment of the Improving
America's Schools Act of 1994), then--
``(i) an amount equal to 80 percent of the total amount
allocated to such State under section 4111 for each fiscal
year shall be used by the State educational agency and its
local educational agencies for drug and violence prevention
activities in accordance with this section; and
``(ii) an amount equal to 20 percent of such total amount
shall be used by such independent State agency for drug and
violence prevention activities in accordance with this
section.
``(B) Not more than 5 percent of the amount reserved under
subparagraph (A)(ii) may be used for administrative costs of
the independent State agency incurred in carrying out the
activities described in such subparagraph.
``(C) For purposes of this paragraph, the term `independent
State agency' means an independent agency with a board of
directors or a cabinet level agency whose chief executive
officer is appointed by the chief executive officer of the
State and confirmed with the advice and consent of the senate
of such State.
``(b) State Level Programs.--
``(1) In general.--A State educational agency shall use not
more than 5 percent of the amount available under subsection
(a) for activities such as--
``(A) training and technical assistance concerning drug and
violence prevention for local educational agencies and
educational service agencies, including teachers,
administrators, coaches and athletic directors, other staff,
parents, students, community leaders, health service
providers, local law enforcement officials, and judicial
officials;
``(B) the development, identification, dissemination, and
evaluation of the most readily available, accurate, and up-
to-date curriculum materials (including videotapes, software,
and other technology-based learning resources), for
consideration by local educational agencies;
``(C) making available to local educational agencies cost
effective programs for youth violence and drug abuse
prevention;
``(D) demonstration projects in drug and violence
prevention;
``(E) training, technical assistance, and demonstration
projects to address violence associated with prejudice and
intolerance;
``(F) financial assistance to enhance resources available
for drug and violence prevention in areas serving large
numbers of economically disadvantaged children or sparsely
populated areas, or to meet other special needs consistent
with the purposes of this subpart; and
``(G) the evaluation of activities carried out within the
State under this part.
``(2) Special rule.--A State educational agency may carry
out activities under this subsection directly, or through
grants or contracts.
``(c) State Administration.--A State educational agency may
use not more than 4 percent of the amount reserved under
subsection (a) for the administrative costs of carrying out
its responsibilities under this part.
``(d) Local Educational Agency Programs.--
``(1) In general.--A State educational agency shall
distribute not less than 91 percent of the amount made
available under subsection (a) for each fiscal year to local
educational agencies in accordance with this subsection.
``(2) Distribution.--(A) Of the amount distributed under
paragraph (1), a State educational agency shall distribute--
``(i) 70 percent of such amount to local educational
agencies, based on the relative enrollments in public and
private nonprofit elementary and secondary schools within the
boundaries of such agencies; and
``(ii) 30 percent of such amount to local educational
agencies that the State educational agency determines have
the greatest need for additional funds to carry out drug and
violence prevention programs authorized by this subpart.
``(B) Where appropriate and to the extent consistent with
the needs assessment conducted by the State, not less than 25
percent of the amount distributed under subparagraph (A)(ii)
for a fiscal year shall be distributed to local educational
agencies located in rural and urban areas.
``(C)(i) A State educational agency shall distribute funds
under subparagraph (A)(ii) to not more than 10 percent of the
local educational agencies in the State, or five such
agencies, whichever is greater.
``(ii) In determining which local educational agencies have
the greatest need for additional funds, the State educational
agency shall consider objective data such as--
``(I) high rates of alcohol or drug use among youth;
``(II) high rates of victimization of youth by violence and
crime;
``(III) high rates of arrests and convictions of youth for
violent or drug- or alcohol-related crime;
``(IV) the extent of illegal gang activity;
``(V) high incidence of violence associated with prejudice
and intolerance;
[[Page 2138]]
``(VI) high rates of referrals of youths to drug and
alcohol abuse treatment and rehabilitation programs;
``(VII) high rates of referrals of youths to juvenile
court;
``(VIII) high rates of expulsions and suspensions of
students from schools; and
``(IX) high rates of reported cases of child abuse and
domestic violence.
``(e) Reallocation of Funds.--If a local educational agency
chooses not to apply to receive the amount allocated to such
agency under subsection (d), or if such agency's application
under section 4115 is disapproved by the State educational
agency, the State educational agency shall reallocate such
amount to one or more of the local educational agencies
determined by the State educational agency under subsection
(d)(2)(C)(ii) to have the greatest need for additional funds.
``(f) Return of Funds to State Educational Agency;
Reallocation.--
``(1) Return.--Except as provided in paragraph (2), upon
the expiration of the 1-year period beginning on the date
that a local educational agency or educational service agency
under this title receives its allocation under this title--
``(A) such agency shall return to the State educational
agency any funds from such allocation that remain
unobligated; and
``(B) the State educational agency shall reallocate any
such amount to local educational agencies or educational
service agencies that have plans for using such amount for
programs or activities on a timely basis.
``(2) Reallocation.--In any fiscal year, a local
educational agency, may retain for obligation in the
succeeding fiscal year--
``(A) an amount equal to not more than 25 percent of the
allocation it receives under this title for such fiscal year;
or
``(B) upon a demonstration of good cause by such agency or
consortium, a greater amount approved by the State
educational agency.
``SEC. 4114. GOVERNOR'S PROGRAMS.
``(a) Use of Funds.--
``(1) In general.--An amount equal to 20 percent of the
total amount allocated to a State under section 4111(1) for
each fiscal year shall be used by the chief executive officer
of such State for drug and violence prevention programs and
activities in accordance with this section.
``(2) Law enforcement education partnerships.--A chief
executive officer shall use not less than 10 percent of the
20 percent of the total amount described in paragraph (1) for
each fiscal year for law enforcement education partnerships
in accordance with subsection (d).
``(3) Administrative costs.--A chief executive officer may
use not more than 5 percent of the 20 percent of the total
amount described in paragraph (1) for the administrative
costs incurred in carrying out the duties of such officer
under this section.
``(b) Programs Authorized.--
``(1) In general.--A chief executive officer shall use
funds made available under subsection (a)(1) for grants to or
contracts with parent groups, community action and job
training agencies, community-based organizations, and other
public entities and private nonprofit organizations and
consortia thereof. In making such grants and contracts, a
chief executive officer shall give priority to programs and
activities described in subsection (c) for--
``(A) children and youth who are not normally served by
State or local educational agencies; or
``(B) populations that need special services or additional
resources (such as preschoolers, youth in juvenile detention
facilities, runaway or homeless children and youth, pregnant
and parenting teenagers, and school dropouts).
``(2) Peer review.--Grants or contracts awarded under this
subsection shall be subject to a peer review process.
``(c) Authorized Activities.--Grants and contracts under
subsection (b) shall be used for programs and activities such
as--
``(1) disseminating information about drug and violence
prevention;
``(2) training parents, law enforcement officials, judicial
officials, social service providers, health service providers
and community leaders about drug and violence prevention,
comprehensive health education, early intervention, pupil
services, or rehabilitation referral;
``(3) developing and implementing comprehensive, community-
based drug and violence prevention programs that link
community resources with schools and integrate services
involving education, vocational and job skills training and
placement, law enforcement, health, mental health, community
service, mentoring, and other appropriate services;
``(4) planning and implementing drug and violence
prevention activities that coordinate the efforts of State
agencies with efforts of the State educational agency and its
local educational agencies;
``(5) activities to protect students traveling to and from
school;
``(6) before-and-after school recreational, instructional,
cultural, and artistic programs that encourage drug- and
violence-free lifestyles;
``(7) activities that promote the awareness of and
sensitivity to alternatives to violence through courses of
study that include related issues of intolerance and hatred
in history;
``(8) developing and implementing activities to prevent and
reduce violence associated with prejudice and intolerance;
``(9) developing and implementing strategies to prevent
illegal gang activity;
``(10) coordinating and conducting community-wide violence
and safety assessments and surveys;
``(11) service-learning projects that encourage drug- and
violence-free lifestyles; and
``(12) evaluating programs and activities assisted under
this section.
``(d) Law Enforcement Education Partnerships.--A chief
executive officer shall use funds under subsection (a)(2) to
award grants to State, county or local law enforcement
agencies (including district attorneys) in consortium with
local educational agencies or community-based agencies for
the purposes of carrying out drug abuse and violence
prevention activities, such as--
``(1) Project Drug Abuse Resistance Education and other
programs which provide classroom instruction by uniformed law
enforcement officials that is designed to teach students to
recognize and resist pressures to experiment that influence
such children to use controlled substances or alcohol;
``(2) Project Legal Lives and other programs in which
district attorneys provide classroom instruction in the law
and legal system which emphasizes interactive learning
techniques, such as mock trial competitions;
``(3) partnerships between law enforcement and child
guidance professionals; and
``(4) before- and after-school activities.
``SEC. 4115. LOCAL APPLICATIONS.
``(a) Application Required.--
``(1) In general.--In order to be eligible to receive a
distribution under section 4113(d) for any fiscal year, a
local educational agency shall submit, at such time as the
State educational agency requires, an application to the
State educational agency for approval. Such an application
shall be amended, as necessary, to reflect changes in the
local educational agency's program.
``(2) Development.--(A) A local educational agency shall
develop its application under subsection (a)(1) in
consultation with a local or substate regional advisory
council that includes, to the extent possible,
representatives of local government, business, parents,
students, teachers, pupil services personnel, appropriate
State agencies, private schools, the medical profession, law
enforcement, community-based organizations, and other groups
with interest and expertise in drug and violence prevention.
``(B) In addition to assisting the local educational agency
to develop an application under this section, the advisory
council established or designated under subparagraph (A)
shall, on an ongoing basis--
``(i) disseminate information about drug and violence
prevention programs, projects, and activities conducted
within the boundaries of the local educational agency;
``(ii) advise the local educational agency regarding--
``(I) how best to coordinate such agency's activities under
this subpart with other related programs, projects, and
activities; and
``(II) the agencies that administer such programs,
projects, and activities; and
``(iii) review program evaluations and other relevant
material and make recommendations to the local educational
agency on how to improve such agency's drug and violence
prevention programs.
``(b) Contents of Applications.--An application under this
section shall contain--
``(1) an objective analysis of the current use (and
consequences of such use) of alcohol, tobacco, and
controlled, illegal, addictive or harmful substances as well
as the violence, safety, and discipline problems among
students who attend the schools of the applicant (including
private school students who participate in the applicant's
drug and violence prevention program) that is based on
ongoing local assessment or evaluation activities;
``(2) a detailed explanation of the local educational
agency's comprehensive plan for drug and violence prevention,
which shall include a description of--
``(A) how the plan will be coordinated with programs under
this Act, the Goals 2000: Educate America Act, and other
Acts, as appropriate, in accordance with the provisions of
section 14306;
``(B) the local educational agency's measurable goals for
drug and violence prevention, and a description of how such
agency will assess and publicly report progress toward
attaining these goals;
``(C) how the local educational agency will use its
distribution under this subpart;
``(D) how the local educational agency will coordinate such
agency's programs and projects with community-wide efforts to
achieve such agency's goals for drug and violence prevention;
and
``(E) how the local educational agency will coordinate such
agency's programs and projects with other Federal, State, and
local programs for drug-abuse prevention, including health
programs; and
``(3) such other information and assurances as the State
educational agency may reasonably require.
``(c) Review of Application.--
``(1) In general.--In reviewing local applications under
this section, a State educational agency shall use a peer
review process or other methods of assuring the quality of
such applications.
``(2) Considerations.--(A) In determining whether to
approve the application of a local educational agency under
this section, a State educational agency shall consider the
quality of the local educational agency's comprehensive plan
under subsection (b)(2)
[[Page 2139]]
and the extent to which such plan is coordinated with
programs under this Act, the Goals 2000: Educate America Act,
in accordance with the provisions of section 14306.
``(B) A State educational agency may disapprove a local
educational agency application under this section in whole or
in part and may withhold, limit, or place restrictions on the
use of funds allotted to such a local educational agency in a
manner the State educational agency determines will best
promote the purposes of this part, except that a local
educational agency shall be afforded an opportunity to appeal
any such disapproval.
``SEC. 4116. LOCAL DRUG AND VIOLENCE PREVENTION PROGRAMS.
``(a) Program Requirements.--A local educational agency
shall use funds received under this subpart to adopt and
carry out a comprehensive drug and violence prevention
program which shall--
``(1) be designed, for all students and employees, to--
``(A) prevent the use, possession, and distribution of
tobacco, alcohol, and illegal drugs by students and to
prevent the illegal use, possession, and distribution of such
substances by employees;
``(B) prevent violence and promote school safety; and
``(C) create a disciplined environment conducive to
learning; and
``(2) include activities to promote the involvement of
parents and coordination with community groups and agencies,
including the distribution of information about the local
educational agency's needs, goals, and programs under this
subpart.
``(b) Authorized Activities.--A comprehensive drug and
violence prevention program carried out under this subpart
may include--
``(1) age-appropriate, developmentally based drug
prevention and education programs for all students, from the
preschool level through grade 12, that address the legal,
social, personal and health consequences of the use of
illegal drugs, promote a sense of individual responsibility,
and provide information about effective techniques for
resisting peer pressure to use illegal drugs;
``(2) programs of drug prevention, comprehensive health
education, early intervention, pupil services, mentoring, or
rehabilitation referral, which emphasize students' sense of
individual responsibility and which may include--
``(A) the dissemination of information about drug
prevention;
``(B) the professional development of school personnel,
parents, students, law enforcement officials, judicial
officials, health service providers and community leaders in
prevention, education, early intervention, pupil services or
rehabilitation referral; and
``(C) the implementation of strategies, including
strategies to integrate the delivery of services from a
variety of providers, to combat illegal alcohol, tobacco and
drug use, such as--
``(i) family counseling;
``(ii) early intervention activities that prevent family
dysfunction, enhance school performance, and boost attachment
to school and family; and
``(iii) activities, such as community service and service-
learning projects, that are designed to increase students'
sense of community;
``(3) age-appropriate, developmentally based violence
prevention and education programs for all students, from the
preschool level through grade 12, that address the legal,
health, personal, and social consequences of violent and
disruptive behavior, including sexual harassment and abuse,
and victimization associated with prejudice and intolerance,
and that include activities designed to help students develop
a sense of individual responsibility and respect for the
rights of others, and to resolve conflicts without violence;
``(4) violence prevention programs for school-aged youth,
which emphasize students' sense of individual responsibility
and may include--
``(A) the dissemination of information about school safety
and discipline;
``(B) the professional development of school personnel,
parents, students, law enforcement officials, judicial
officials, and community leaders in designing and
implementing strategies to prevent school violence;
``(C) the implementation of strategies, such as conflict
resolution and peer mediation, student outreach efforts
against violence, anti-crime youth councils (which work with
school and community-based organizations to discuss and
develop crime prevention strategies), and the use of
mentoring programs, to combat school violence and other forms
of disruptive behavior, such as sexual harassment and abuse;
and
``(D) the development and implementation of character
education programs, as a component of a comprehensive drug or
violence prevention program, that are tailored by
communities, parents and schools; and
``(E) comprehensive, community-wide strategies to prevent
or reduce illegal gang activities;
``(5) supporting `safe zones of passage' for students
between home and school through such measures as Drug- and
Weapon-Free School Zones, enhanced law enforcement, and
neighborhood patrols;
``(6) acquiring and installing metal detectors and hiring
security personnel;
``(7) professional development for teachers and other staff
and curricula that promote the awareness of and sensitivity
to alternatives to violence through courses of study that
include related issues of intolerance and hatred in history;
``(8) the promotion of before-and-after school
recreational, instructional, cultural, and artistic programs
in supervised community settings;
``(9) drug abuse resistance education programs, designed to
teach students to recognize and resist pressures to use
alcohol or other drugs, which may include activities such as
classroom instruction by uniformed law enforcement officers,
resistance techniques, resistance to peer pressure and gang
pressure, and provision for parental involvement; and
``(10) the evaluation of any of the activities authorized
under this subsection.
``(c) Limitations.--
``(1) In general.--Not more than 20 percent of the funds
made available to a local educational agency under this
subpart may be used to carry out the activities described in
paragraphs (5) and (6) of subsection (b).
``(2) Special rule.--A local educational agency shall only
be able to use funds received under this subpart for
activities described in paragraphs (5) and (6) of subsection
(b) if funding for such activities is not received from other
Federal agencies.
``(d) Administrative Provisions.--Notwithstanding any other
provisions of law, any funds expended prior to July 1, 1995,
under part B of the Drug-Free Schools and Communities Act of
1986 (as in effect prior to enactment of the Improving
America's Schools Act) for the support of a comprehensive
school health program shall be deemed to have been authorized
by part B of such Act.
``SEC. 4117. EVALUATION AND REPORTING.
``(a) National Impact Evaluation.--
``(1) Biennial evaluation.--The Secretary, in consultation
with the Secretary of Health and Human Services, the Director
of the Office of National Drug Control Policy, and the
Attorney General, shall conduct an independent biennial
evaluation of the national impact of programs assisted under
this subpart and of other recent and new initiatives to
combat violence in schools and submit a report of the
findings of such evaluation to the President and the
Congress.
``(2) Data collection.--(A) The National Center for
Education Statistics shall collect data to determine the
frequency, seriousness, and incidence of violence in
elementary and secondary schools in the States. The Secretary
shall collect the data using, wherever appropriate, data
submitted by the States pursuant to subsection (b)(2)(B).
``(B) Not later than January 1, 1998, the Secretary shall
submit to the Congress a report on the data collected under
this subsection, together with such recommendations as the
Secretary determines appropriate, including estimated costs
for implementing any recommendation.
``(b) State Report.--
``(1) In general.--By October 1, 1997, and every third year
thereafter, the chief executive officer of the State, in
cooperation with the State educational agency, shall submit
to the Secretary a report--
``(A) on the implementation and outcomes of State programs
under section 4114 and section 4113(b) and local educational
agency programs under section 4113(d), as well as an
assessment of their effectiveness; and
``(B) on the State's progress toward attaining its goals
for drug and violence prevention under subsections (b)(1) and
(c)(1) of section 4112.
``(2) Special rule.--The report required by this subsection
shall be--
``(A) in the form specified by the Secretary;
``(B) based on the State's ongoing evaluation activities,
and shall include data on the prevalence of drug use and
violence by youth in schools and communities; and
``(C) made readily available to the public.
``(c) Local Educational Agency Report.--Each local
educational agency receiving funds under this subpart shall
submit to the State educational agency such information, and
at such intervals, that the State requires to complete the
State report required by subsection (b), including
information on the prevalence of drug use and violence by
youth in the schools and the community. Such information
shall be made readily available to the public.
``SEC. 4118. PROGRAMS FOR NATIVE HAWAIIANS.
``(a) General Authority.--From the funds made available
pursuant to section 4111(a)(4) to carry out this section, the
Secretary shall make grants to or enter into cooperative
agreements or contracts with organizations primarily serving
and representing Native Hawaiians which are recognized by the
Governor of the State of Hawaii to plan, conduct, and
administer programs, or portions thereof, which are
authorized by and consistent with the provisions of this
title for the benefit of Native Hawaiians.
``(b) Definition of Native Hawaiian.--For the purposes of
this section, the term `Native Hawaiian' means any individual
any of whose ancestors were natives, prior to 1778, of the
area which now comprises the State of Hawaii.
``Subpart 2--National Programs
``SEC. 4121. FEDERAL ACTIVITIES.
``(a) Program Authorized.--From funds made available to
carry out this subpart under section 4004(2), the Secretary,
in consultation with the Secretary of Health and Human
Services, the Director of the Office of National Drug Control
Policy, the Chair of
[[Page 2140]]
the Ounce of Prevention Council, and the Attorney General,
shall carry out programs to prevent the illegal use of drugs
and violence among, and promote safety and discipline for,
students at all educational levels from preschool through the
postsecondary level. The Secretary shall carry out such
programs directly, or through grants, contracts, or
cooperative agreements with public and private nonprofit
organizations and individuals, or through agreements with
other Federal agencies, and shall coordinate such programs
with other appropriate Federal activities. Such programs may
include--
``(1) the development and demonstration of innovative
strategies for training school personnel, parents, and
members of the community, including the demonstration of
model preservice training programs for prospective school
personnel;
``(2) demonstrations and rigorous evaluations of innovative
approaches to drug and violence prevention;
``(3) the provision of information on drug abuse education
and prevention to the Secretary of Health and Human Services
for dissemination by the clearinghouse for alcohol and drug
abuse information established under section 501(d)(16) of the
Public Health Service Act;
``(4) the development of curricula related to child abuse
prevention and education and the training of personnel to
teach child abuse education and prevention to elementary and
secondary school children;
``(5) program evaluations in accordance with section 14701
that address issues not addressed under section 4117(a);
``(6) direct services to schools and school systems
afflicted with especially severe drug and violence problems;
``(7) activities in communities designated as empowerment
zones or enterprise communities that will connect schools to
community-wide efforts to reduce drug and violence problems;
``(8) developing and disseminating drug and violence
prevention materials, including video-based projects and
model curricula;
``(9) developing and implementing a comprehensive violence
prevention strategy for schools and communities, that may
include conflict resolution, peer mediation, the teaching of
law and legal concepts, and other activities designed to stop
violence;
``(10) the implementation of innovative activities, such as
community service projects, designed to rebuild safe and
healthy neighborhoods and increase students' sense of
individual responsibility;
``(11) grants to noncommercial telecommunications entities
for the production and distribution of national video-based
projects that provide young people with models for conflict
resolution and responsible decisionmaking;
``(12) the development of education and training programs,
curricula, instructional materials, and professional training
and development for preventing and reducing the incidence of
crimes and conflicts motivated by hate in localities most
directly affected by hate crimes; and
``(13) other activities that meet unmet national needs
related to the purposes of this title.
``(b) Peer Review.--The Secretary shall use a peer review
process in reviewing applications for funds under this
section.
``SEC. 4122. GRANTS TO INSTITUTIONS OF HIGHER EDUCATION.
``(a) In General.--From funds made available to carry out
this subpart under section 4004(2), the Secretary is
authorized to make grants to, or enter into contracts with,
institutions of higher education, or consortia of such
institutions, for drug and violence prevention programs under
this section. Awards under this section shall support the
development, implementation, validation, and dissemination
of--
``(1) model programs and strategies to promote the safety
of students attending institutions of higher education by
preventing violent behavior and the illegal use of alcohol
and other drugs by such students; and
``(2) such model programs and strategies shall be
coordinated with the report required under section
204(a)(4)(B) of the Student Right-to-Know and Campus Security
Act on policies, procedures and practices which have proven
effective in the reduction of campus crime.
``(b) Applications.--An institution of higher education, or
consortium of such institutions, that desires to receive an
award under this section shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may reasonably require. The
Secretary shall use a peer review process for reviewing
applications for funds under this section.
``(c) Equitable Participation.--The Secretary shall make
every reasonable effort to ensure the equitable participation
in the activities assisted under this section of private and
public institutions of higher education (including community
and junior colleges), institutions of limited enrollment, and
institutions in different geographic regions.
``SEC. 4123. HATE CRIME PREVENTION.
``(a) Grant Authorization.--From funds made available to
carry out this subpart under section 4004(1) the Secretary
may make grants to local educational agencies and community-
based organizations for the purpose of providing assistance
to localities most directly affected by hate crimes.
``(b) Use of Funds.--
``(1) Program development.--Grants under this section may
be used to improve elementary and secondary educational
efforts, including--
``(A) development of education and training programs
designed to prevent and to reduce the incidence of crimes and
conflicts motivated by hate;
``(B) development of curricula for the purpose of improving
conflict or dispute resolution skills of students, teachers,
and administrators;
``(C) development and acquisition of equipment and
instructional materials to meet the needs of, or otherwise be
part of, hate crime or conflict programs; and
``(D) professional training and development for teachers
and administrators on the causes, effects, and resolutions of
hate crimes or hate-based conflicts.
``(2) In general.--In order to be eligible to receive a
grant under this section for any fiscal year, a local
educational agency, or a local educational agency in
conjunction with a community-based organization, shall submit
an application to the Secretary in such form and containing
such information as the office may reasonably require.
``(3) Requirements.--Each application under paragraph (2)
shall include--
``(A) a request for funds for the purposes described in
this section;
``(B) a description of the schools and communities to be
served by the grants; and
``(C) assurances that Federal funds received under this
section shall be used to supplement, not supplant, non-
Federal funds.
``(4) Comprehensive plan.--Each application shall include a
comprehensive plan that contains--
``(A) a description of the hate crime or conflict problems
within the schools or the community targeted for assistance;
``(B) a description of the program to be developed or
augmented by such Federal and matching funds;
``(C) assurances that such program or activity shall be
administered by or under the supervision of the applicant;
``(D) proper and efficient administration of such program;
and
``(E) fiscal control and fund accounting procedures as may
be necessary to ensure prudent use, proper disbursement, and
accurate accounting of funds received under this section.
``(c) Award of Grants.--
``(1) Selection of recipients.--The Secretary shall
consider the incidence of crimes and conflicts motivated by
bias in the targeted schools and communities in awarding
grants under this section.
``(2) Geographic distribution.--The Secretary shall
attempt, to the extent practicable, to achieve an equitable
geographic distribution of grant awards.
``(3) Dissemination of information.--The Secretary shall
attempt, to the extent practicable, to make available
information regarding successful hate crime prevention
programs, including programs established or expanded with
grants under this section.
``(d) Reports.--The Secretary shall submit to the Congress
a report every two years which shall contain a detailed
statement regarding grants and awards, activities of grant
recipients, and an evaluation of programs established under
this section.
``Subpart 3--General Provisions
``SEC. 4131. DEFINITIONS.
``For the purposes of this part:
``(1) Community-based organization.--The term `community-
based organization' means a private nonprofit organization
which is representative of a community or significant
segments of a community and which provides educational or
related services to individuals in the community.
``(2) Drug and violence prevention.--The term `drug and
violence prevention' means--
``(A) with respect to drugs, prevention, early
intervention, rehabilitation referral, or education related
to the illegal use of alcohol and the use of controlled,
illegal, addictive, or harmful substances, including
inhalants and anabolic steroids;
``(B) prevention, early intervention, smoking cessation
activities, or education, related to the use of tobacco by
children and youth eligible for services under this title;
and
``(C) with respect to violence, the promotion of school
safety, such that students and school personnel are free from
violent and disruptive acts, including sexual harassment and
abuse, and victimization associated with prejudice and
intolerance, on school premises, going to and from school,
and at school-sponsored activities, through the creation and
maintenance of a school environment that is free of weapons
and fosters individual responsibility and respect for the
rights of others.
``(3) Hate crime.--The term `hate crime' means a crime as
described in section 1(b) of the Hate Crime Statistics Act of
1990.
``(4) Nonprofit.--The term `nonprofit', as applied to a
school, agency, organization, or institution means a school,
agency, organization, or institution owned and operated by
one or more nonprofit corporations or associations, no part
of the net earnings of which inures, or may lawfully inure,
to the benefit of any private shareholder or individual.
``(5) School-aged population.--The term `school-aged
population' means the population aged five through 17, as
determined by the Secretary on the basis of the most recent
satisfactory data available from the Department of Commerce.
``(6) School personnel.--The term `school personnel'
includes teachers, administrators, guidance counselors,
social workers, psychologists, nurses, librarians, and other
sup-
[[Page 2141]]
port staff who are employed by a school or who perform
services for the school on a contractual basis.
``SEC. 4132. MATERIALS.
``(a) `Wrong and Harmful' Message.--Drug prevention
programs supported under this part shall convey a clear and
consistent message that the illegal use of alcohol and other
drugs is wrong and harmful.
``(b) Curriculum.--The Secretary shall not prescribe the
use of specific curricula for programs supported under this
part, but may evaluate the effectiveness of such curricula
and other strategies in drug and violence prevention.
``SEC. 4133. PROHIBITED USES OF FUNDS.
``No funds under this part may be used for--
``(1) construction (except for minor remodeling needed to
accomplish the purposes of this part); and
``(2) medical services, drug treatment or rehabilitation,
except for pupil services or referral to treatment for
students who are victims of or witnesses to crime or who use
alcohol, tobacco, or drugs.''.
``TITLE V--PROMOTING EQUITY
``PART A--MAGNET SCHOOLS ASSISTANCE
``SEC. 5101. FINDINGS.
``The Congress finds that--
``(1) magnet schools are a significant part of our Nation's
effort to achieve voluntary desegregation in our Nation's
schools;
``(2) the use of magnet schools has increased dramatically
since the date of enactment of the Magnet Schools Assistance
program, with approximately 1,400,000 students nationwide now
attending such schools, of which more than 60 percent of the
students are nonwhite;
``(3) magnet schools offer a wide range of distinctive
programs that have served as models for school improvement
efforts;
``(4) in administering the Magnet Schools Assistance
program, the Federal Government has learned that--
``(A) where magnet programs are implemented for only a
portion of a school's student body, special efforts must be
made to discourage the isolation of--
``(i) magnet school students from other students in the
school; and
``(ii) students by racial characteristics;
``(B) local educational agencies can maximize their
effectiveness in achieving the purposes of the Magnet Schools
Assistance program if such agencies have more flexibility in
the administration of such program in order to serve students
attending a school who are not enrolled in the magnet school
program;
``(C) local educational agencies must be creative in
designing magnet schools for students at all academic levels,
so that school districts do not skim off only the highest
achieving students to attend the magnet schools;
``(D) consistent with desegregation guidelines, local
educational agencies must seek to enable participation in
magnet school programs by students who reside in the
neighborhoods where the programs operate; and
``(E) in order to ensure that magnet schools are sustained
after Federal funding ends, the Federal Government must
assist school districts to improve their capacity to continue
to operate magnet schools at a high level of performance; and
``(5) it is in the best interest of the Federal Government
to--
``(A) continue the Federal Government's support of school
districts implementing court-ordered desegregation plans and
school districts seeking to foster meaningful interaction
among students of different racial and ethnic backgrounds,
beginning at the earliest stage of such students' education;
``(B) ensure that all students have equitable access to
quality education that will prepare such students to function
well in a culturally diverse, technologically oriented, and
highly competitive, global community; and
``(C) maximize the ability of local educational agencies to
plan, develop, implement and continue effective and
innovative magnet schools that contribute to State and local
systemic reform.
``SEC. 5102. STATEMENT OF PURPOSE.
``The purpose of this part is to assist in the
desegregation of schools served by local educational agencies
by providing financial assistance to eligible local
educational agencies for--
``(1) the elimination, reduction, or prevention of minority
group isolation in elementary and secondary schools with
substantial proportions of minority students;
``(2) the development and implementation of magnet school
projects that will assist local educational agencies in
achieving systemic reforms and providing all students the
opportunity to meet challenging State content standards and
challenging State student performance standards;
``(3) the development and design of innovative educational
methods and practices; and
``(4) courses of instruction within magnet schools that
will substantially strengthen the knowledge of academic
subjects and the grasp of tangible and marketable vocational
skills of students attending such schools.
``SEC. 5103. PROGRAM AUTHORIZED.
``The Secretary, in accordance with this part, is
authorized to make grants to eligible local educational
agencies, and consortia of such agencies where appropriate,
to carry out the purpose of this part for magnet schools that
are--
``(1) part of an approved desegregation plan; and
``(2) designed to bring students from different social,
economic, ethnic, and racial backgrounds together.
``SEC. 5104. DEFINITION.
``For the purpose of this part, the term `magnet school'
means a public elementary or secondary school or public
elementary or secondary education center that offers a
special curriculum capable of attracting substantial numbers
of students of different racial backgrounds.
``SEC. 5105. ELIGIBILITY.
``A local educational agency, or consortium of such
agencies where appropriate, is eligible to receive assistance
under this part to carry out the purposes of this part if
such agency or consortium--
``(1) is implementing a plan undertaken pursuant to a final
order issued by a court of the United States, or a court of
any State, or any other State agency or official of competent
jurisdiction, that requires the desegregation of minority-
group-segregated children or faculty in the elementary and
secondary schools of such agency; or
``(2) without having been required to do so, has adopted
and is implementing, or will, if assistance is made available
to such local educational agency or consortium of such
agencies under this part, adopt and implement a plan that has
been approved by the Secretary as adequate under title VI of
the Civil Rights Act of 1964 for the desegregation of
minority-group-segregated children or faculty in such
schools.
``SEC. 5106. APPLICATIONS AND REQUIREMENTS.
``(a) Applications.--An eligible local educational agency
or consortium of such agencies desiring to receive assistance
under this part shall submit an application to the Secretary
at such time, in such manner, and containing such information
and assurances as the Secretary may reasonably require.
``(b) Information and Assurances.--Each such application
shall include--
``(1) a description of--
``(A) how assistance made available under this part will be
used to promote desegregation, including how the proposed
magnet school project will increase interaction among
students of different social, economic, ethnic, and racial
backgrounds;
``(B) the manner and extent to which the magnet school
project will increase student achievement in the
instructional area or areas offered by the school;
``(C) how an applicant will continue the magnet school
project after assistance under this part is no longer be
available, including, if applicable, an explanation of why
magnet schools established or supported by the applicant with
funds under this part cannot be continued without the use of
funds under this part;
``(D) how funds under this part will be used to implement
services and activities that are consistent with other
programs under this Act, the Goals 2000: Educate America Act,
and other Acts, as appropriate, in accordance with the
provisions of section 14306; and
``(E) the criteria to be used in selecting students to
attend the proposed magnet school projects; and
``(2) assurances that the applicant will--
``(A) use funds under this part for the purposes specified
in section 5102;
``(B) employ State certified or licensed teachers in the
courses of instruction assisted under this part to teach or
supervise others who are teaching the subject matter of the
courses of instruction;
``(C) not engage in discrimination based on race, religion,
color, national origin, sex, or disability in--
``(i) the hiring, promotion, or assignment of employees of
the agency or other personnel for whom the agency has any
administrative responsibility;
``(ii) the assignment of students to schools, or to courses
of instruction within the school, of such agency, except to
carry out the approved plan; and
``(iii) designing or operating extracurricular activities
for students;
``(D) carry out a high-quality education program that will
encourage greater parental decisionmaking and involvement;
and
``(E) give students residing in the local attendance area
of the proposed magnet school projects equitable
consideration for placement in those projects.
``(c) Special Rule.--No application may be approved under
this section unless the Assistant Secretary of Education for
Civil Rights determines that the assurances described in
subsection (b)(2)(C) will be met.
``SEC. 5107. PRIORITY.
``In approving applications under this part, the Secretary
shall give priority to applicants that--
``(1) demonstrate the greatest need for assistance, based
on the expense or difficulty of effectively carrying out an
approved desegregation plan and the projects for which
assistance is sought;
``(2) propose to carry out new magnet school projects, or
significantly revise existing magnet school projects;
``(3) propose to select students to attend magnet school
projects by methods such as lottery, rather than through
academic examination;
``(4) propose to implement innovative educational
approaches that are consistent with the State's and local
educational agency's approved systemic reform plans, if any,
under title III of the Goals 2000: Educate America Act; and
``(5) propose to draw on comprehensive community
involvement plans.
[[Page 2142]]
``SEC. 5108. USE OF FUNDS.
``(a) In General.--Grant funds made available under this
part may be used by an eligible local educational agency or
consortium of such agencies--
``(1) for planning and promotional activities directly
related to the development, expansion, continuation, or
enhancement of academic programs and services offered at
magnet schools;
``(2) for the acquisition of books, materials, and
equipment, including computers and the maintenance and
operation thereof, necessary for the conduct of programs in
magnet schools;
``(3) for the payment, or subsidization of the
compensation, of elementary and secondary school teachers who
are certified or licensed by the State, and instructional
staff where applicable, who are necessary for the conduct of
programs in magnet schools; and
``(4) with respect to a magnet school program offered to
less than the entire student population of a school, for
instructional activities that--
``(A) are designed to make available the special curriculum
that is offered by the magnet school project to students who
are enrolled in the school but who are not enrolled in the
magnet school program; and
``(B) further the purposes of this part.
``(b) Special Rule.--Grant funds under this part may be
used in accordance with paragraphs (2) and (3) of subsection
(a) only if the activities described in such paragraphs are
directly related to improving the students' reading skills or
knowledge of mathematics, science, history, geography,
English, foreign languages, art, or music, or to improving
vocational skills.
``SEC. 5109. PROHIBITIONS.
``(a) Transportation.--Grants under this part may not be
used for transportation or any activity that does not augment
academic improvement.
``(b) Planning.--A local educational agency shall not
expend funds under this part after the third year that such
agency receives funds under this part for such project.
``SEC. 5110. LIMITATIONS.
``(a) Duration of Awards.--A grant under this part shall be
awarded for a period that shall not exceed three fiscal
years.
``(b) Limitation on Planning Funds.--A local educational
agency may expend for planning not more than 50 percent of
the funds received under this part for the first year of the
project, 15 percent of such funds for the second such year,
and 10 percent of such funds for the third such year.
``(c) Amount.--No local educational agency or consortium
awarded a grant under this part shall receive more than
$4,000,000 under this part in any one fiscal year.
``(d) Timing.--To the extent practicable, the Secretary
shall award grants for any fiscal year under this part not
later than June 1 of the applicable fiscal year.
``SEC. 5111. INNOVATIVE PROGRAMS.
``(a) In General.--From amounts reserved under subsection
(d) for each fiscal year, the Secretary shall award grants to
local educational agencies or consortia of such agencies
described in section 5105 to enable such agencies or
consortia to conduct innovative programs that--
``(1) carry out the purpose of this part; and
``(2) involve strategies other than magnet schools, such as
neighborhood or community model schools--
``(A) organized around a special emphasis, theme or
concept; and
``(B) involving extensive parent and community involvement.
``(b) Applicability.--Sections 5103, 5106, 5107, and 5108,
shall not apply to grants awarded under subsection (a).
``(c) Applications.--Each local educational agency or
consortia of such agencies desiring a grant under this
section shall submit an application to the Secretary at such
time, in such manner, and containing such information and
assurances as the Secretary may reasonably require.
``(d) Innovative Programs.--The Secretary shall reserve not
more than 5 percent of the funds appropriated under section
5113(a) for each fiscal year to award grants under this
section.
``SEC. 5112. EVALUATIONS.
``(a) Reservation.--The Secretary may reserve not more than
two percent of the funds appropriated under section 5113(a)
for any fiscal year to carry out evaluations of projects
assisted under this part.
``(b) Contents.--Each evaluation described in subsection
(a), at a minimum, shall address--
``(1) how and the extent to which magnet school programs
lead to educational quality and improvement;
``(2) the extent to which magnet school programs enhance
student access to quality education;
``(3) the extent to which magnet school programs lead to
the elimination, reduction, or prevention of minority group
isolation in elementary and secondary schools with
substantial proportions of minority students; and
``(4) the extent to which magnet school programs differ
from other school programs in terms of the organizational
characteristics and resource allocations of such magnet
school programs.
``SEC. 5113. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.
``(a) Authorization.--For the purpose of carrying out this
part, there are authorized to be appropriated $120,000,000
for fiscal year 1995 and such sums as may be necessary for
each of the 4 succeeding fiscal years.
``(b) Availability of Funds for Grants to Agencies Not
Previously Assisted.--In any fiscal year for which the amount
appropriated pursuant to subsection (a) exceeds $75,000,000,
the Secretary shall give priority to using such amounts in
excess of $75,000,000 to award grants to local educational
agencies or consortia of such agencies that did not receive a
grant under this part in the preceding fiscal year.
``PART B--WOMEN'S EDUCATIONAL EQUITY
``SEC. 5201. SHORT TITLE; FINDINGS.
``(a) Short Title.--This part may be cited as the `Women's
Educational Equity Act of 1994'.
``(b) Findings.--The Congress finds that--
``(1) since the enactment of title IX of the Education
Amendments of 1972, women and girls have made strides in
educational achievement and in their ability to avail
themselves of educational opportunities;
``(2) because of funding provided under the Women's
Educational Equity Act, more curricula, training, and other
educational materials concerning educational equity for women
and girls are available for national dissemination;
``(3) teaching and learning practices in the United States
are frequently inequitable as such practices relate to women
and girls, for example--
``(A) sexual harassment, particularly that experienced by
girls, undermines the ability of schools to provide a safe
and equitable learning or workplace environment;
``(B) classroom textbooks and other educational materials
do not sufficiently reflect the experiences, achievements, or
concerns of women and, in most cases, are not written by
women or persons of color;
``(C) girls do not take as many mathematics and science
courses as boys, girls lose confidence in their mathematics
and science ability as girls move through adolescence, and
there are few women role models in the sciences; and
``(D) pregnant and parenting teenagers are at high risk for
dropping out of school and existing dropout prevention
programs do not adequately address the needs of such
teenagers;
``(4) efforts to improve the quality of public education
also must include efforts to ensure equal access to quality
education programs for all women and girls;
``(5) Federal support should address not only research and
development of innovative model curricula and teaching and
learning strategies to promote gender equity, but should also
assist schools and local communities implement gender
equitable practices;
``(6) Federal assistance for gender equity must be tied to
systemic reform, involve collaborative efforts to implement
effective gender practices at the local level, and encourage
parental participation; and
``(7) excellence in education, high educational
achievements and standards, and the full participation of
women and girls in American society, cannot be achieved
without educational equity for women and girls.
``SEC. 5202. STATEMENT OF PURPOSES.
``It is the purpose of this part--
``(1) to promote gender equity in education in the United
States;
``(2) to provide financial assistance to enable educational
agencies and institutions to meet the requirements of title
IX of the Educational Amendments of 1972; and
``(3) to promote equity in education for women and girls
who suffer from multiple forms of discrimination based on
sex, race, ethnic origin, limited-English proficiency,
disability, or age.
``SEC. 5203. PROGRAMS AUTHORIZED.
``(a) In General.--The Secretary is authorized--
``(1) to promote, coordinate, and evaluate gender equity
policies, programs, activities and initiatives in all Federal
education programs and offices;
``(2) to develop, maintain, and disseminate materials,
resources, analyses, and research relating to education
equity for women and girls;
``(3) to provide information and technical assistance to
assure the effective implementation of gender equity
programs;
``(4) to coordinate gender equity programs and activities
with other Federal agencies with jurisdiction over education
and related programs;
``(5) to assist the Assistant Secretary of the Office of
Educational Research and Improvement in identifying research
priorities related to education equity for women and girls;
and
``(6) to perform any other activities consistent with
achieving the purposes of this part.
``(b) Grants Authorized.--
``(1) In general.--The Secretary is authorized to make
grants to, and enter into contracts and cooperative
agreements with, public agencies, private nonprofit agencies,
organizations, institutions, student groups, community
groups, and individuals, for a period not to exceed four
years, to--
``(A) provide grants to develop model equity programs; and
``(B) provide funds for the implementation of equity
programs in schools throughout the Nation.
``(2) Support and technical assistance.--To achieve the
purposes of this part, the Secretary is authorized to provide
support and technical assistance--
``(A) to implement effective gender-equity policies and
programs at all educational levels, including--
``(i) assisting educational agencies and institutions to
implement policies and prac-
[[Page 2143]]
tices to comply with title IX of the Education Amendments of
1972;
``(ii) training for teachers, counselors, administrators,
and other school personnel, especially preschool and
elementary school personnel, in gender equitable teaching and
learning practices;
``(iii) leadership training for women and girls to develop
professional and marketable skills to compete in the global
marketplace, improve self-esteem, and benefit from exposure
to positive role models;
``(iv) school-to-work transition programs, guidance and
counseling activities, and other programs to increase
opportunities for women and girls to enter a technologically
demanding workplace and, in particular, to enter highly
skilled, high paying careers in which women and girls have
been underrepresented;
``(v) enhancing educational and career opportunities for
those women and girls who suffer multiple forms of
discrimination, based on sex and on race, ethnic origin,
limited-English proficiency, disability, socioeconomic
status, or age;
``(vi) assisting pregnant students and students rearing
children to remain in or to return to secondary school,
graduate, and prepare their preschool children to start
school;
``(vii) evaluating exemplary model programs to assess the
ability of such programs to advance educational equity for
women and girls;
``(viii) introduction into the classroom of textbooks,
curricula, and other materials designed to achieve equity for
women and girls;
``(ix) programs and policies to address sexual harassment
and violence against women and girls and to ensure that
educational institutions are free from threats to the safety
of students and personnel;
``(x) nondiscriminatory tests of aptitude and achievement
and of alternative assessments that eliminate biased
assessment instruments from use;
``(xi) programs to increase educational opportunities,
including higher education, vocational training, and other
educational programs for low-income women, including
underemployed and unemployed women, and women receiving Aid
to Families with Dependent Children benefits;
``(xii) programs to improve representation of women in
educational administration at all levels; and
``(xiii) planning, development and initial implementation
of--
``(I) comprehensive institution- or districtwide evaluation
to assess the presence or absence of gender equity in
educational settings;
``(II) comprehensive plans for implementation of equity
programs in State and local educational agencies and
institutions of higher education; including community
colleges; and
``(III) innovative approaches to school-community
partnerships for educational equity.
``(B) for research and development, which shall be
coordinated with each of the research institutes of the
Office of Educational Research and Improvement to avoid
duplication of research efforts, designed to advance gender
equity nationwide and to help make policies and practices in
educational agencies and institutions, and local communities,
gender equitable, including--
``(i) research and development of innovative strategies and
model training programs for teachers and other education
personnel;
``(ii) the development of high quality and challenging
assessment instruments that are nondiscriminatory;
``(iii) the development and evaluation of model curricula,
textbooks, software, and other educational materials to
ensure the absence of gender stereotyping and bias;
``(iv) the development of instruments and procedures that
employ new and innovative strategies to assess whether
diverse educational settings are gender equitable;
``(v) the development of instruments and strategies for
evaluation, dissemination, and replication of promising or
exemplary programs designed to assist local educational
agencies in integrating gender equity in their educational
policies and practices;
``(vi) updating high quality educational materials
previously developed through awards made under this part;
``(vii) the development of policies and programs to address
and prevent sexual harassment and violence to ensure that
educational institutions are free from threats to safety of
students and personnel;
``(viii) the development and improvement of programs and
activities to increase opportunity for women, including
continuing educational activities, vocational education, and
programs for low-income women, including underemployed and
unemployed women, and women receiving Aid to Families with
Dependent Children; and
``(ix) the development of guidance and counseling
activities, including career education programs, designed to
ensure gender equity.
``SEC. 5204. APPLICATIONS.
``An application under this part shall--
``(1) set forth policies and procedures that will ensure a
comprehensive evaluation of the activities assisted under
this part, including an evaluation of the practices,
policies, and materials used by the applicant and an
evaluation or estimate of the continued significance of the
work of the project following completion of the award period;
``(2) where appropriate, demonstrate how funds received
under this part will be used to promote the attainment of one
or more of the National Education Goals;
``(3) demonstrate how the applicant will address
perceptions of gender roles based on cultural differences or
stereotypes;
``(4) where appropriate, describe how funds under this part
will be used in a manner that is consistent with programs
under the School-to-Work Opportunities Act of 1994;
``(5) for applications for assistance under section
5203(b)(1), demonstrate how the applicant will foster
partnerships and, where applicable, share resources with
State educational agencies, local educational agencies,
institutions of higher education, community-based
organizations (including organizations serving women),
parent, teacher, and student groups, businesses or other
recipients of Federal educational funding which may include
State literacy resource centers;
``(6) for applications for assistance under section
5203(b)(1), demonstrate how parental involvement in the
project will be encouraged; and
``(7) for applications for assistance under section
5203(b)(1), describe plans for continuation of the activities
assisted under this part with local support following
completion of the grant period and termination of Federal
support under this part.
``SEC. 5205. CRITERIA AND PRIORITIES.
``(a) Criteria and Priorities.--
``(1) In general.--The Secretary shall establish separate
criteria and priorities for awards under paragraphs (1) and
(2) of section 5203(b) to ensure that funds under this part
are used for programs that most effectively will achieve the
purposes of this part.
``(2) Criteria.--The criteria described in subsection (a)
may include the extent to which the activities assisted under
this part--
``(A) address the needs of women and girls of color and
women and girls with disabilities;
``(B) meet locally defined and documented educational
equity needs and priorities, including compliance with title
IX of the Education Amendments of 1972;
``(C) are a significant component of a comprehensive plan
for educational equity and compliance with title IX of the
Education Amendments of 1972 in the particular school
district, institution of higher education, vocational-
technical institution, or other educational agency or
institution; and
``(D) implement an institutional change strategy with long-
term impact that will continue as a central activity of the
applicant after the grant under this part has terminated.
``(b) Priorities.--In approving applications under this
part, the Secretary may give special consideration to
applications--
``(1) submitted by applicants that have not received
assistance under this part or under part C of title IX of
this Act (as such part was in effect on October 1, 1988);
``(2) for projects that will contribute significantly to
directly improving teaching and learning practices in the
local community; and
``(3) for projects that will--
``(A) provide for a comprehensive approach to enhancing
gender equity in educational institutions and agencies;
``(B) draw on a variety of resources, including the
resources of local educational agencies, community-based
organizations, institutions of higher education, and private
organizations;
``(C) implement a strategy with long-term impact that will
continue as a central activity of the applicant after the
grant under this part has terminated;
``(D) address issues of national significance that can be
duplicated; and
``(E) address the educational needs of women and girls who
suffer multiple or compound discrimination based on sex and
on race, ethnic origin, disability, or age.
``(c) Special Rule.--To the extent feasible, the Secretary
shall ensure that grants awarded under this part for each
fiscal year address--
``(1) all levels of education, including preschool,
elementary and secondary education, higher education,
vocational education, and adult education;
``(2) all regions of the United States; and
``(3) urban, rural, and suburban educational institutions.
``(d) Coordination.--Research activities supported under
this part--
``(1) shall be carried out in consultation with the Office
of Educational Research and Improvement to ensure that such
activities are coordinated with and enhance the research and
development activities supported by the Office; and
``(2) may include collaborative research activities which
are jointly funded and carried out with the Office of
Educational Research and Improvement.
``(e) Limitation.--Nothing in this part shall be construed
as prohibiting men and boys from participating in any
programs or activities assisted with funds under this part.
``SEC. 5206. REPORT.
``The Secretary, not later than January 1, 1999, shall
submit to the President and the Congress a report on the
status of educational equity for girls and women in the
Nation.
``SEC. 5207. ADMINISTRATION.
``(a) Evaluation and Dissemination.--The Secretary shall
evaluate in accordance with section 14701, and disseminate,
materials and programs developed under this part and shall
report to the Congress regarding such evaluation materials
and programs not later than January 1, 1998.
[[Page 2144]]
``(b) Program Operations.--The Secretary shall ensure that
the activities assisted under this part are administered
within the Department by a person who has recognized
professional qualifications and experience in the field of
gender equity education.
``SEC. 5208. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this part, there are
authorized to be appropriated $5,000,000 for fiscal year 1995
and such sums as may be necessary for each of the four
succeeding fiscal years, of which not less than two-thirds of
the amount appropriated under this section for each fiscal
year shall be available to carry out the activities described
in section 5203(b)(1).
``PART C--ASSISTANCE TO ADDRESS SCHOOL DROPOUT PROBLEMS
``SEC. 5301. SHORT TITLE.
``This part may be cited as the `School Dropout Assistance
Act'.
``SEC. 5302. PURPOSE.
``The purpose of this part is to reduce the number of
children who do not complete their elementary and secondary
education by providing grants to local educational agencies
to establish--
``(1) effective programs to identify potential student
dropouts, including pregnant and parenting teenagers, and
prevent such students from dropping out of school;
``(2) effective programs to identify and encourage children
who have already dropped out to reenter school and complete
their elementary and secondary education;
``(3) effective early intervention programs designed to
identify at-risk students in elementary and secondary
schools; and
``(4) model systems for collecting and reporting
information to local school officials on the number, ages,
sex, race or ethnicity, and grade levels of the children not
completing their elementary and secondary education and the
reasons why such children have dropped out of school.
``SEC. 5303. GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) Allotment to Categories of Local Educational
Agencies.--From the amount appropriated under section 5308
for any fiscal year, the Secretary shall first reserve not
more than $2,000,000 for the purposes of evaluating programs
carried out with assistance under this part in accordance
with section 14701. From the remaining amount, the Secretary
shall allot the following percentages to each of the
following categories of local educational agencies:
``(1) Local educational agencies administering schools with
a total enrollment of 100,000 or more elementary and
secondary school students shall be allotted 25 percent of
such remaining amount.
``(2) Local educational agencies administering schools with
a total enrollment of at least 20,000 but less than 100,000
elementary and secondary school students shall be allotted 40
percent of such remaining amount.
``(3) Local educational agencies administering schools with
a total enrollment of less than 20,000 elementary and
secondary school students shall be allotted 30 percent of
such remaining amount. Grants may be made under this
paragraph to educational service agencies and consortia of
not more than 5 local educational agencies in any case in
which the total enrollment of the largest such local
educational agency is less than 20,000 elementary and
secondary students. Such agencies and consortia may also
apply for assistance under this part in conjunction with the
State educational agency. Not less than 20 percent of funds
available under this paragraph shall be awarded to local
educational agencies administering schools with a total
enrollment of less than 2,000 elementary and secondary school
students.
``(4) Community-based organizations shall be allotted 5
percent of such remaining amount. Grants under this paragraph
shall be made after consultation between the community-based
organization and the local educational agency that is to
benefit from such a grant.
``(b) Special Consideration.--
``(1) In general.--The Secretary shall give special
consideration to awarding funds available for each category
described in paragraphs (1), (2), and (3) of subsection (a)
to local educational agencies participating in an educational
partnership.
``(2) Educational partnerships.--For the purpose of this
part the term `educational partnerships' means a partnership
between--
``(A) a local educational agency; and
``(B) a business concern or business organization,
community-based organization, nonprofit private organization,
institution of higher education, State educational agency,
State or local public agency, private industry council
(established under the Job Training Partnership Act), museum,
library, or educational television or broadcasting station.
``(c) Award of Grant.--
``(1) In general.--From the amount allotted for any fiscal
year to a category of local educational agencies under
subsection (a), the Secretary shall award as many grants as
practicable within each such category to local educational
agencies and educational partnerships whose applications have
been approved by the Secretary for such fiscal year under
section 5304 and whose applications propose a program of
sufficient size, scope, and quality to be effective.
``(2) Additional funds.--Any local educational agency or
educational partnership that has received a grant under this
part shall be eligible for additional funds as provided under
subsection (d).
``(3) Terms and conditions.--Grants under this part shall
be made under such terms and conditions as the Secretary
shall prescribe.
``(d) Use of Funds When Not Fully Allotted to Categories
Under Subsection (a).--
``(1) In general.--Whenever the Secretary determines that
the full amount of the sums allotted under any category set
forth under subsection (a) will not be required for
applications of the local educational agencies in the case of
categories described in paragraphs (1), (2), or (3) of
subsection (a), the Secretary shall make the amount not so
required available to another category under subsection (a).
In carrying out the provisions of this subsection, the
Secretary shall assure that the transfer of amounts from one
category to another is made to a category in which there is
the greatest need for funds.
``(2) Peer review.--In order to transfer funds under this
subsection, the Secretary shall use a peer review process to
determine that such excess funds are not needed to fund
projects in particular categories and shall prepare a list of
the categories in which funds were not fully expended and the
reasons therefor, and make such list available to local
educational agencies and educational partnerships upon
request. The Secretary may use the peer review process to
determine grant recipients of funds transferred in accordance
with this subsection.
``(e) Federal Share.--
``(1) Federal share.--The Federal share of a grant under
this part may not exceed--
``(A) 90 percent of the total cost of a project for the
first year for which the project receives assistance under
this part; and
``(B) 75 percent of such cost in each such succeeding
fiscal year.
``(2) Remaining costs.--The remaining cost of a project
that receives assistance under this part may be paid from any
source other than funds made available under this part,
except that not more than 10 percent of the remaining cost in
any fiscal year may be provided from Federal sources other
than this part.
``(3) Non-federal share.--The share of payments from
sources other than funds made available under this part may
be in cash or in kind fairly evaluated, including plant,
equipment or services.
``SEC. 5404. APPLICATION.
``(a) Application Required.--
``(1) In general.--A grant under this part may be made only
to a local educational agency or an educational partnership
which submits an application to the Secretary containing such
information as may be required by the Secretary by
regulation.
``(2) Duration.--Each such application shall be for a
three-year period.
``(b) Contents.--Each such application shall--
``(1) provide documentation of--
``(A) the number of children who were enrolled in the
schools to be served by the applicant for the five academic
years prior to the date application is made who have not
completed their elementary or secondary education and who are
classified as school dropouts; and
``(B) the percentage that such number of children is of the
total school-age population in the applicant's schools;
``(2) include a plan for the development and implementation
of a school dropout information collection and reporting
system for documenting the extent and nature of the dropout
problem, which system shall collect and cross tabulate data,
where feasible, by sex according to race or ethnicity and
socioeconomic status;
``(3) include a plan for coordinated activities involving
not less than 1 secondary school and its feeder junior high
or middle schools and elementary schools for local
educational agencies that have feeder systems;
``(4) when applicable, describe how programs assisted under
this part will be coordinated with, and not duplicate,
programs assisted under title I;
``(5) include a description of how the program assisted
under this part is consistent with the second National
Education Goal, relating to school completion, and other
Federal programs as appropriate; and
``(6) contain such other information as the Secretary
considers necessary to determine the nature of the local
needs, the quality of the proposed project, and the
capability of the applicant to carry out the project.
``(c) Priority.--The Secretary shall, in approving
applications under this section, give priority to
applications which--
``(1) demonstrate the replication of successful programs
conducted in other local educational agencies or the
expansion of successful programs within a local educational
agency; and
``(2) reflect very high numbers or very high percentages of
school dropouts in the schools of the applicant in each
category described in section 5303(a).
``(d) Special Consideration.--The Secretary shall give
additional special consideration to applications that
include--
``(1) provisions which emphasize early intervention
services designed to identify at-risk students in elementary
or early secondary schools; and
``(2) provisions for significant parental involvement.
``(e) Grants for New Grantees.--In awarding grants under
this part the Secretary shall use only the priorities and
special considerations described in subsections (c) and (d).
``(f) Continuation of Assistance.--For the two fiscal years
beginning after the date of
[[Page 2145]]
enactment of the Improving America's Schools Act of 1994, the
Secretary shall approve an application under this section for
a local educational agency which received funding in fiscal
year 1994 under the School Dropout Demonstration Assistance
Act of 1988 (20 U.S.C. 3241 et seq.) and which--
``(1) satisfies the requirements of this section;
``(2) qualifies for special consideration or priority
under--
``(A) section 5303(b); and
``(B) subsections (c) and (d) of this section; and
``(3) provides evidence that the program for which such
agency is seeking assistance is effective in--
``(A) providing early intervention services to at-risk
students in elementary and secondary schools;
``(B) identifying potential student dropouts; and
``(C) preventing students from dropping out of school.
``SEC. 5305. AUTHORIZED ACTIVITIES.
``Grants under this part shall be used to carry out
activities and services described in applications approved
under section 5304. In addition, grants may be used for
educational, occupational, and basic skills testing services
and activities, including--
``(1) the establishment of systemwide or school-level
policies, procedures, and plans for dropout prevention and
school reentry;
``(2) the development and implementation of activities,
including extended day or summer programs, designed to
address poor achievement, basic skills deficiencies, language
deficiencies, or course failures, in order to assist students
at risk of dropping out of school and students reentering
school, including youth returning to school from a
correctional or other facility operated for delinquent youth;
``(3) the establishment or expansion of work-study,
apprentice, or internship programs;
``(4) the use of resources of the community, including
contracting with public or private entities or community-
based organizations of demonstrated performance, to provide
services to the grant recipient or the target population;
``(5) the evaluation and revision of program placement of
students at risk;
``(6) the evaluation of program effectiveness of dropout
programs;
``(7) the development and implementation of programs for
traditionally underserved groups of students;
``(8) the implementation of activities which will improve
student motivation and the school learning environment;
``(9) the provision of training for school personnel on
strategies and techniques designed to--
``(A) identify children at risk of dropping out of school;
``(B) intervene in the instructional program for such
children with support and remedial services;
``(C) develop realistic expectations for student
performance; and
``(D) improve student-staff interactions;
``(10) the study of the relationship between drugs and
school dropouts and between youth gangs and school dropouts,
and the coordination of dropout prevention and reentry
programs with appropriate drug prevention and community
organizations for the prevention of youth gangs;
``(11) the study of the relationship between disabling
conditions and student dropouts;
``(12) the study of the relationship between the dropout
rate for gifted and talented students compared to the dropout
rate for the general student enrollment;
``(13) the use of educational telecommunications and
broadcasting technologies and educational materials designed
to extend, motivate, and reinforce school, community, and
home dropout prevention and reentry activities;
``(14) the development and implementation of efforts to
identify and address factors in a student's decision to drop
out of school that are related to gender and family roles,
including activities and services designed to meet the needs
of pregnant and parenting teenagers;
``(15) the provision of other educational, occupational and
testing services and activities which directly relate to the
purpose of this part;
``(16) activities which offer jobs and college admissions
for successful completion of the program for which assistance
is sought;
``(17) summer employment programs;
``(18) occupational training programs;
``(19) career opportunity and skills counseling;
``(20) job placement services;
``(21) the development of skill employment competency
testing programs;
``(22) special school staff training projects; and
``(23) mentoring programs.
``SEC. 5306. DISTRIBUTION OF ASSISTANCE; LIMITATION ON COSTS.
``(a) Distribution of Assistance.--The Secretary shall
ensure that, to the extent practicable, in approving grant
applications under this part--
``(1) grants are equitably distributed on a geographic
basis within each category set forth in section 5303(a);
``(2) the amount of a grant to a local educational agency
or an educational partnership for a fiscal year is
proportionate to the extent and severity of the local school
dropout problem;
``(3) not less than 30 percent of the amount available for
grants in each fiscal year is used for activities relating to
school dropout prevention; and
``(4) not less than 30 percent of the amount available for
grants in each fiscal year is used for activities relating to
persuading school dropouts to return to school and assisting
former school dropouts with specialized services once school
dropouts return to school.
``(b) Administrative Costs.--Not more than five percent of
any grant made under this part may be used for administrative
costs.
``SEC. 5307. REPORTS.
``(a) Annual Reports.--The Secretary shall submit to the
Congress a report by January 1 of each year, beginning on
January 1, 1995, which sets forth the progress of the
Commissioner of Education Statistics, established under
section 403(b) of the National Education Statistics Act of
1994, to implement a definition and data collection process
for school dropouts in elementary and secondary schools,
including statistical information for the number and
percentage of elementary and secondary school students by
gender, race, and ethnic origin who drop out of school each
year, including dropouts--
``(1) throughout the Nation by rural and urban location as
defined by the Secretary; and
``(2) in each of the individual States and the District of
Columbia.
``(b) Recommendations.--The report under subsection (a)
shall also contain recommendations on ways in which the
Federal Government, States and localities can further support
the implementation of an effective methodology to accurately
measure school dropout and retention rates on the national,
State, and local levels.
``SEC. 5308. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $50,000,000 for
fiscal year 1995, and such sums as may be necessary for each
of the 4 succeeding fiscal years, to carry out this part.
``TITLE VI--INNOVATIVE EDUCATION PROGRAM STRATEGIES
``SEC. 6001. FINDINGS AND STATEMENT OF PURPOSE.
``(a) Findings.--The Congress finds that chapter 2 of title
I of this Act (as such chapter was in effect on the day
preceding the date of enactment of the Improving America's
Schools Act of 1994) has been successful in achieving the
goals of increasing local flexibility, reducing
administrative burden, providing services for private school
students, encouraging innovation, and contributing to the
improvement of elementary and secondary educational programs.
``(b) Statement of Purpose.--It is the purpose of programs
under this title:
``(1) to support local education reform efforts which are
consistent with and support statewide reform efforts under
Goals 2000: Educate America Act;
``(2) to support State and local efforts to accomplish the
National Education Goals;
``(3) to provide funding to enable State and local
educational agencies to implement promising educational
reform programs;
``(4) to provide a continuing source of innovation, and
educational improvement, including support for library
services and instructional and media materials; and
``(5) to meet the special educational needs of at risk and
high cost students.
``(c) State and Local Responsibility.--The basic
responsibility for the administration of funds made available
under this title is within the State educational agencies,
but it is the intent of Congress that the responsibility be
carried out with a minimum of paperwork and that the
responsibility for the design and implementation of programs
assisted under this title will be mainly that of local
educational agencies, school superintendents and principals,
and classroom teachers and supporting personnel, because such
agencies and individuals have the most direct contact with
students and are most likely to be able to design programs to
meet the educational needs of students in their own school
districts.
``SEC. 6002. AUTHORIZATION OF APPROPRIATIONS; DURATION OF
ASSISTANCE.
``(a) Authorization.--To carry out the purposes of this
title, there are authorized to be appropriated $370,000,000
for fiscal year 1995 and such sums as may be necessary for
each of the four succeeding fiscal years.
``(b) Duration of Assistance.--During the period beginning
October 1, 1994, and ending September 30, 1999, the Secretary
shall, in accordance with the provisions of this title, make
payments to State educational agencies for the purpose of
this title.
``SEC. 6003. DEFINITION.
``For the purposes of this title the term `effective
schools programs' means school-based programs that may
encompass preschool through secondary school levels and that
have the objectives of (1) promoting school-level planning,
instructional improvement, and staff development, (2)
increasing the academic achievement levels of all children
and particularly educationally disadvantaged children, and
(3) achieving as ongoing conditions in the school the
following factors identified through effective schools
research as distinguishing effective from ineffective
schools:
``(A) Strong and effective administrative and instructional
leadership that creates consensus on instructional goals and
organizational capacity for instructional problem solving.
``(B) Emphasis on the acquisition of basic and higher order
skills.
``(C) A safe and orderly school environment that allows
teachers and pupils to focus their energies on academic
achievement.
[[Page 2146]]
``(D) A climate of expectation that virtually all children
can learn under appropriate conditions.
``(E) Continuous assessment of students and programs to
evaluate the effects of instruction.
``PART A--STATE AND LOCAL PROGRAMS
``SEC. 6101. ALLOTMENT TO STATES.
``(a) Reservations.--From the sums appropriated to carry
out this title in any fiscal year, the Secretary shall
reserve not to exceed one percent for payments to outlying
areas to be allotted in accordance with their respective
needs.
``(b) Allotment.--From the remainder of such sums, the
Secretary shall allot to each State an amount which bears the
same ratio to the amount of such remainder as the school-age
population of the State bears to the school-age population of
all States, except that no State shall receive less than an
amount equal to one-half of one percent of such remainder.
``(c) Definitions.--For purposes of this part--
``(1) The term `school-age population' means the population
aged 5 through 17.
``(2) The term `States' includes the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
``SEC. 6102. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.
``(a) Distribution Rule.--From the sums made available each
year to carry out this title, the State educational agency
shall distribute not less than 85 percent to local
educational agencies within such State according to the
relative enrollments in public and private, nonprofit schools
within the school districts of such agencies, adjusted, in
accordance with criteria approved by the Secretary, to
provide higher per pupil allocations to local educational
agencies which have the greatest numbers or percentages of
children whose education imposes a higher than average cost
per child, such as--
``(1) children living in areas with high concentrations of
low-income families;
``(2) children from low-income families; and
``(3) children living in sparsely populated areas.
``(b) Calculation of Enrollments.--
``(1) In general.--The calculation of relative enrollments
under subsection (a) shall be on the basis of the total of--
``(A) the number of children enrolled in public schools;
and
``(B) the number of children enrolled in private nonprofit
schools that desire that their children participate in
programs or projects assisted under this title, for the
fiscal year preceding the fiscal year for which the
determination is made.
``(2) Construction.--Nothing in this subsection shall
diminish the responsibility of local educational agencies to
contact, on an annual basis, appropriate officials from
private nonprofit schools within the areas served by such
agencies in order to determine whether such schools desire
that their children participate in programs assisted under
this part.
``(3) Adjustments.--(A) Relative enrollments under
subsection (a) shall be adjusted, in accordance with criteria
approved by the Secretary under subparagraph (B), to provide
higher per pupil allocations only to local educational
agencies which serve the greatest numbers or percentages of--
``(i) children living in areas with high concentrations of
low-income families;
``(ii) children from low-income families; or
``(iii) children living in sparsely populated areas.
``(B) The Secretary shall review criteria submitted by a
State educational agency for adjusting allocations under
paragraph (1) and shall approve such criteria only if the
Secretary determines that such criteria are reasonably
calculated to produce an adjusted allocation that reflects
the relative needs within the State's local educational
agencies based on the factors set forth in subparagraph (A).
``(c) Payment of Allocations.--
``(1) Distribution.--From the funds paid to a State
educational agency pursuant to section 6002 for a fiscal
year, a State educational agency shall distribute to each
eligible local educational agency which has submitted an
application as required in section 6202 the amount of such
local educational agency allocation as determined under
subsection (a).
``(2) Additional funds.--(A) Additional funds resulting
from higher per pupil allocations provided to a local
educational agency on the basis of adjusted enrollments of
children described in subsection (a), may, at the discretion
of the local educational agency, be allocated for
expenditures to provide services for children enrolled in
public and private nonprofit schools in direct proportion to
the number of children described in subsection (a) and
enrolled in such schools within the local educational agency.
``(B) In any fiscal year, any local educational agency that
elects to allocate such additional funds in the manner
described in subparagraph (A) shall allocate all additional
funds to schools within the local educational agency in such
manner.
``(C) The provisions of subparagraphs (A) and (B) may not
be construed to require any school to limit the use of such
additional funds to the provision of services to specific
students or categories of students.
``PART B--STATE PROGRAMS
``SEC. 6201. STATE USES OF FUNDS.
``(a) Authorized Activities.--A State educational agency
may use funds made available for State use under this title
only for--
``(1) State administration of programs under this title
including--
``(A) supervision of the allocation of funds to local
educational agencies;
``(B) planning, supervision, and processing of State funds;
and
``(C) monitoring and evaluation of programs and activities
under this title; and
``(2) technical assistance and direct grants to local
educational agencies and statewide education reform
activities including effective schools programs which assist
local educational agencies to provide targeted assistance.
``(b) Limitations and Requirements.--Not more than 25
percent of funds available for State programs under this
title in any fiscal year may be used for State administration
under subsection (a)(1).
``SEC. 6202. STATE APPLICATIONS.
``(a) Application Requirements.--Any State which desires to
receive assistance under this part shall submit to the
Secretary an application which--
``(1) designates the State educational agency as the State
agency responsible for administration and supervision of
programs assisted under this title;
``(2)(A) provides for a biennial submission of data on the
use of funds, the types of services furnished, and the
students served under this title; and
``(B) in fiscal year 1998 provides for an evaluation of the
effectiveness of programs assisted under this title;
``(3) sets forth the allocation of such funds required to
implement section 6402;
``(4) provides that the State educational agency will keep
such records and provide such information to the Secretary as
may be required for fiscal audit and program evaluation
(consistent with the responsibilities of the Secretary under
this section);
``(5) provides assurance that, apart from technical and
advisory assistance and monitoring compliance with this
title, the State educational agency has not exercised and
will not exercise any influence in the decision making
processes of local educational agencies as to the expenditure
made pursuant to an application under section 6303;
``(6) contains assurances that there is compliance with the
specific requirements of this title; and
``(7) provides for timely public notice and public
dissemination of the information provided pursuant to
paragraph (2).
``(b) Period of Application.--An application filed by the
State under subsection (a) shall be for a period not to
exceed three years, and may be amended annually as may be
necessary to reflect changes without filing a new
application.
``(c) Audit Rule.--Local educational agencies receiving
less than an average of $5,000 each under this title shall
not be audited more frequently than once every five years.
``PART C--LOCAL INNOVATIVE EDUCATION PROGRAMS
``SEC. 6301. TARGETED USE OF FUNDS.
``(a) General Rule.--Funds made available to local
educational agencies under section 6102 shall be used for
innovative assistance described in subsection (b).
``(b) Innovative Assistance.--The innovative assistance
programs referred to in subsection (a) include--
``(1) technology related to the implementation of school-
based reform programs, including professional development to
assist teachers and other school officials regarding how to
use effectively such equipment and software;
``(2) programs for the acquisition and use of instructional
and educational materials, including library services and
materials (including media materials), assessments, reference
materials, computer software and hardware for instructional
use, and other curricular materials which are tied to high
academic standards and which will be used to improve student
achievement and which are part of an overall education reform
program;
``(3) promising education reform projects, including
effective schools and magnet schools;
``(4) programs to improve the higher order thinking skills
of disadvantaged elementary and secondary school students and
to prevent students from dropping out of school;
``(5) programs to combat illiteracy in the student and
adult population, including parent illiteracy;
``(6) programs to provide for the educational needs of
gifted and talented children;
``(7) school reform activities that are consistent with the
Goals 2000: Educate America Act; and
``(8) school improvement programs or activities under
sections 1116 and 1117.
``SEC. 6302. ADMINISTRATIVE AUTHORITY.
``In order to conduct the activities authorized by this
title, each State or local educational agency may use funds
reserved for this title to make grants to and to enter into
contracts with local educational agencies, institutions of
higher education, libraries, museums, and other public and
private nonprofit agencies, organizations, and institutions.
``SEC. 6303. LOCAL APPLICATIONS.
``(a) Contents of Application.--A local educational agency
or consortium of such agencies may receive an allocation of
funds under this title for any year for which an application
is submitted to the State educational agency and such
application is certified to meet the requirements of this
sec-
[[Page 2147]]
tion. The State educational agency shall certify any such
application if such application--
``(1)(A) sets forth the planned allocation of funds among
innovative assistance programs described in section 6301 and
describes the programs, projects, and activities designed to
carry out such innovative assistance which the local
educational agency intends to support, together with the
reasons for the selection of such programs, projects, and
activities; and
``(B) sets forth the allocation of such funds required to
implement section 6402;
``(2) describes how assistance under this title will
contribute to meeting the National Education Goals and
improving student achievement or improving the quality of
education for students;
``(3) provide assurances of compliance with the provisions
of this title, including the participation of children
enrolled in private, nonprofit schools in accordance with
section 6402;
``(4) agrees to keep such records, and provide such
information to the State educational agency as reasonably may
be required for fiscal audit and program evaluation,
consistent with the responsibilities of the State agency
under this title; and
``(5) provides in the allocation of funds for the
assistance authorized by this title, and in the design,
planning and implementation of such programs, for systematic
consultation with parents of children attending elementary
and secondary schools in the area served by the local
educational agency, with teachers and administrative
personnel in such schools, and with other groups involved in
the implementation of this title (such as librarians, school
counselors, and other pupil services personnel) as may be
considered appropriate by the local educational agency.
``(b) Period of Application.--An application filed by a
local educational agency under subsection (a) shall be for a
period not to exceed three fiscal years, may provide for the
allocation of funds to programs for a period of three years,
and may be amended annually as may be necessary to reflect
changes without filing a new application.
``(c) Local Educational Agency Discretion.--Subject to the
limitations and requirements of this title, a local
educational agency shall have complete discretion in
determining how funds under this part shall be divided among
the areas of targeted assistance. In exercising such
discretion, a local educational agency shall ensure that
expenditures under this part carry out the purposes of this
title and are used to meet the educational needs within the
schools of such local educational agency.
``PART D--GENERAL ADMINISTRATIVE PROVISIONS
``SEC. 6401. MAINTENANCE OF EFFORT; FEDERAL FUNDS
SUPPLEMENTARY.
``(a) Maintenance of Effort.--
``(1) In general.--Except as provided in paragraph (2), a
State is entitled to receive its full allocation of funds
under this part for any fiscal year if the Secretary finds
that either the combined fiscal effort per student or the
aggregate expenditures within the State with respect to the
provision of free public education for the fiscal year
preceding the fiscal year for which the determination is made
was not less than 90 percent of such combined fiscal effort
or aggregate expenditures for the second fiscal year
preceding the fiscal year for which the determination is
made.
``(2) Reduction of funds.--The Secretary shall reduce the
amount of the allocation of funds under this part in any
fiscal year in the exact proportion to which the State fails
to meet the requirements of paragraph (1) by falling below 90
percent of both the fiscal effort per student and aggregate
expenditures (using the measure most favorable to the State),
and no such lesser amount shall be used for computing the
effort required under paragraph (1) for subsequent years.
``(3) Waivers.--The Secretary may waive, for one fiscal
year only, the requirements of this section if the Secretary
determines that such a waiver would be equitable due to
exceptional or uncontrollable circumstances such as a natural
disaster or a precipitous and unforeseen decline in the
financial resources of the State.
``(b) Federal Funds Supplementary.--A State or local
educational agency may use and allocate funds received under
this part only so as to supplement and, to the extent
practical, increase the level of funds that would, in the
absence of Federal funds made available under this part, be
made available from non-Federal sources, and in no case may
such funds be used so as to supplant funds from non-Federal
sources.
``SEC. 6402. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE
SCHOOLS.
``(a) Participation on Equitable Basis.--
``(1) In general.--To the extent consistent with the number
of children in the school district of a local educational
agency which is eligible to receive funds under this title or
which serves the area in which a program or project assisted
under this title is located who are enrolled in private
nonprofit elementary and secondary schools, or with respect
to instructional or personnel training programs funded by the
State educational agency from funds made available for State
use, such agency, after consultation with appropriate private
school officials, shall provide for the benefit of such
children in such schools secular, neutral, and nonideological
services, materials, and equipment, including the
participation of the teachers of such children (and other
educational personnel serving such children) in training
programs, and the repair, minor remodeling, or construction
of public facilities as may be necessary for their provision
(consistent with subsection (c) of this section), or, if such
services, materials, and equipment are not feasible or
necessary in one or more such private schools as determined
by the local educational agency after consultation with the
appropriate private school officials, shall provide such
other arrangements as will assure equitable participation of
such children in the purposes and benefits of this title.
``(2) Other provisions for services.--If no program or
project is carried out under paragraph (1) in the school
district of a local educational agency, the State educational
agency shall make arrangements, such as through contracts
with nonprofit agencies or organizations, under which
children in private schools in such district are provided
with services and materials to the extent that would have
occurred if the local educational agency had received funds
under this title.
``(3) Application of requirements.--The requirements of
this section relating to the participation of children,
teachers, and other personnel serving such children shall
apply to programs and projects carried out under this title
by a State or local educational agency, whether directly or
through grants to or contracts with other public or private
agencies, institutions, or organizations.
``(b) Equal Expenditures.--Expenditures for programs
pursuant to subsection (a) shall be equal (consistent with
the number of children to be served) to expenditures for
programs under this title for children enrolled in the public
schools of the local educational agency, taking into account
the needs of the individual children and other factors which
relate to such expenditures, and when funds available to a
local educational agency under this title are used to
concentrate programs or projects on a particular group,
attendance area, or grade or age level, children enrolled in
private schools who are included within the group, attendance
area, or grade or age level selected for such concentration
shall, after consultation with the appropriate private school
officials, be assured equitable participation in the purposes
and benefits of such programs or projects.
``(c) Funds.--
``(1) Administration of funds and property.--The control of
funds provided under this title, and title to materials,
equipment, and property repaired, remodeled, or constructed
with such funds, shall be in a public agency for the uses and
purposes provided in this title, and a public agency shall
administer such funds and property.
``(2) Provision of services.--The provision of services
pursuant to this title shall be provided by employees of a
public agency or through contract by such public agency with
a person, an association, agency, or corporation who or
which, in the provision of such services, is independent of
such private school and of any religious organizations, and
such employment or contract shall be under the control and
supervision of such public agency, and the funds provided
under this title shall not be commingled with State or local
funds.
``(d) State Prohibition Waiver.--If by reason of any
provision of law a State or local educational agency is
prohibited from providing for the participation in programs
of children enrolled in private elementary and secondary
schools, as required by this section, the Secretary shall
waive such requirements and shall arrange for the provision
of services to such children through arrangements which shall
be subject to the requirements of this section.
``(e) Waiver and Provision of Services.--
``(1) Failure to comply.--If the Secretary determines that
a State or a local educational agency has substantially
failed or is unwilling to provide for the participation on an
equitable basis of children enrolled in private elementary
and secondary schools as required by this section, the
Secretary may waive such requirements and shall arrange for
the provision of services to such children through
arrangements which shall be subject to the requirements of
this section.
``(2) Withholding of allocation.--Pending final resolution
of any investigation or complaint that could result in a
determination under this subsection or subsection (d), the
Secretary may withhold from the allocation of the affected
State or local educational agency the amount estimated by the
Secretary to be necessary to pay the cost of those services.
``(f) Determination.--Any determination by the Secretary
under this section shall continue in effect until the
Secretary determines that there will no longer be any failure
or inability on the part of the State or local educational
agency to meet the requirements of subsections (a) and (b).
``(g) Payment From State Allotment.--When the Secretary
arranges for services pursuant to this section, the Secretary
shall, after consultation with the appropriate public and
private school officials, pay the cost of such services,
including the administrative costs of arranging for those
services, from the appropriate allotment of the State under
this title.
``(h) Review.--
``(1) Written objections.--The Secretary shall not take any
final action under this section until the State educational
agency and the local educational agency affected by such
action have had an opportunity, for not less than 45 days
after receiving written notice thereof, to submit written
objections and to appear before the Secretary or the
[[Page 2148]]
Secretary's designee to show cause why that action should not
be taken.
``(2) Court action.--If a State or local educational agency
is dissatisfied with the Secretary's final action after a
proceeding under paragraph (1), such agency may, not later
than 60 days after notice of such action, file with the
United States court of appeals for the circuit in which such
State is located a petition for review of that action. A copy
of the petition shall be transmitted by the clerk of the
court to the Secretary. The Secretary thereupon shall file in
the court the record of the proceedings on which the
Secretary based this action, as provided in section 2112 of
title 28, United States Code.
``(3) Remand to secretary.--The findings of fact by the
Secretary, if supported by substantial evidence, shall be
conclusive; but the court, for good cause shown, may remand
the case to the Secretary to take further evidence and the
Secretary may make new or modified findings of fact and may
modify the Secretary's previous action, and shall file in the
court the record of the further proceedings. Such new or
modified findings of fact shall likewise be conclusive if
supported by substantial evidence.
``(4) Court review.--Upon the filing of such petition, the
court shall have jurisdiction to affirm the action of the
Secretary or to set such action aside, in whole or in part.
The judgment of the court shall be subject to review by the
Supreme Court of the United States upon certiorari or
certification as provided in section 1254 of title 28, United
States Code.
``(i) Prior Determination.--Any bypass determination by the
Secretary under chapter 2 of title I of this Act (as such
chapter was in effect on the day preceding the date of
enactment of the Improving America's Schools Act of 1994)
shall, to the extent consistent with the purposes of this
title, apply to programs under this title.
``SEC. 6403. FEDERAL ADMINISTRATION.
``(a) Technical Assistance.--The Secretary, upon request,
shall provide technical assistance to State and local
educational agencies under this title.
``(b) Rulemaking.--The Secretary shall issue regulations
under this title only to the extent that such regulations are
necessary to ensure that there is compliance with the
specific requirements and assurances required by this title.
``(c) Availability of Appropriations.--Notwithstanding any
other provision of law, unless expressly in limitation of
this subsection, funds appropriated in any fiscal year to
carry out activities under this title shall become available
for obligation on July 1 of such fiscal year and shall remain
available for obligation until the end of the subsequent
fiscal year.
``TITLE VII--BILINGUAL EDUCATION, LANGUAGE ENHANCEMENT, AND LANGUAGE
ACQUISITION PROGRAMS
``PART A--BILINGUAL EDUCATION
``SEC. 7101. SHORT TITLE.
``This part may be cited as the `Bilingual Education Act'.
``SEC. 7102. FINDINGS, POLICY, AND PURPOSE.
``(a) Findings.--The Congress finds that--
``(1) language-minority Americans speak virtually all world
languages plus many that are indigenous to the United States;
``(2) there are large and growing numbers of children and
youth of limited-English proficiency, many of whom have a
cultural heritage that differs from that of their English-
proficient peers;
``(3) the presence of language-minority Americans is
related in part to Federal immigration policies;
``(4) many language-minority Americans are limited in their
English proficiency, and many have limited education and
income;
``(5) limited English proficient children and youth face a
number of challenges in receiving an education that will
enable such children and youth to participate fully in
American society, including--
``(A) segregated education programs;
``(B) disproportionate and improper placement in special
education and other special programs due to the use of
inappropriate evaluation procedures;
``(C) the limited-English proficiency of their own parents,
which hinders the parents' ability to fully participate in
the education of their children; and
``(D) a shortage of teachers and other staff who are
professionally trained and qualified to serve such children
and youth;
``(6) Native Americans and Native American languages (as
such terms are defined in section 103 of the Native American
Languages Act), including native residents of the outlying
areas, have a unique status under Federal law that requires
special policies within the broad purposes of this Act to
serve the education needs of language minority students in
the United States;
``(7) institutions of higher education can assist in
preparing teachers, administrators and other school personnel
to understand and build upon the educational strengths and
needs of language-minority and culturally diverse student
enrollments;
``(8) it is the purpose of this title to help ensure that
limited English proficient students master English and
develop high levels of academic attainment in content areas;
``(9) quality bilingual education programs enable children
and youth to learn English and meet high academic standards
including proficiency in more than one language;
``(10) as the world becomes increasingly interdependent and
as international communication becomes a daily occurrence in
government, business, commerce, and family life, multilingual
skills constitute an important national resource which
deserves protection and development;
``(11) educational technology has the potential for
improving the education of language-minority and limited
English proficient students and their families, and the
Federal Government should foster this development;
``(12) parent and community participation in bilingual
education programs contributes to program effectiveness;
``(13) research, evaluation, and data-collection
capabilities in the field of bilingual education need to be
strengthened so that educators and other staff can better
identify and promote those programs, program implementation
strategies, and instructional practices that result in
effective education of limited English proficient children;
``(14) the use of a child or youth's native language and
culture in classroom instruction can--
``(A) promote self-esteem and contribute to academic
achievement and learning English by limited English
proficient children and youth;
``(B) benefit English-proficient children and youth who
also participate in such programs; and
``(C) develop our Nation's national language resources,
thus promoting our Nation's competitiveness in the global
economy;
``(15) the Federal Government, as exemplified by title VI
of the Civil Rights Act of 1964 and section 204(f) of the
Equal Education Opportunities Act of 1974, has a special and
continuing obligation to ensure that States and local school
districts take appropriate action to provide equal
educational opportunities to children and youth of limited
English proficiency; and
``(16) the Federal Government also, as exemplified by the
Federal Government's efforts under this title, has a special
and continuing obligation to assist States and local school
districts in developing the capacity to provide programs of
instruction that offer limited English proficient children
and youth an equal educational opportunity.
``(b) Policy.--The Congress declares it to be the policy of
the United States, in order to ensure equal educational
opportunity for all children and youth and to promote
educational excellence, to assist State and local educational
agencies, institutions of higher education and community-
based organizations to build their capacity to establish,
implement, and sustain programs of instruction for children
and youth of limited English proficiency.
``(c) Purpose.--The purpose of this part is to educate
limited English proficient children and youth to meet the
same rigorous standards for academic performance expected of
all children and youth, including meeting challenging State
content standards and challenging State student performance
standards in academic areas by--
``(1) developing systemic improvement and reform of
educational programs serving limited English proficient
students through the development and implementation of
exemplary bilingual education programs and special
alternative instruction programs;
``(2) developing bilingual skills and multicultural
understanding;
``(3) developing the English of such children and youth
and, to the extent possible, the native language skills of
such children and youth;
``(4) providing similar assistance to Native Americans with
certain modifications relative to the unique status of Native
American languages under Federal law;
``(5) developing data collection and dissemination,
research, materials development, and technical assistance
which is focused on school improvement for limited English
proficient students; and
``(6) developing programs which strengthen and improve the
professional training of educational personnel who work with
limited English proficient students.
``SEC. 7103. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--For the purpose of carrying out this
part, there are authorized to be appropriated $215,000,000
for the fiscal year 1995 and such sums as may be necessary
for each of the four succeeding fiscal years.
``(b) Distribution.--From the sums appropriated under
subsection (a) for any fiscal year, the Secretary shall
reserve not less than 25 percent of such funds for such year
to carry out subpart 3.
``SEC. 7104. NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN
SCHOOL.
``(a) Eligible Entities.--For the purpose of carrying out
programs under this part for individuals served by
elementary, secondary, and postsecondary schools operated
predominately for Native American or Alaska Native children
and youth, an Indian tribe, a tribally sanctioned educational
authority, a Native Hawaiian or Native American Pacific
Islander native language education organization, or an
elementary or secondary school that is operated or funded by
the Bureau of Indian Affairs shall be considered to be a
local educational agency as such term is used in this part,
subject to the following qualifications:
``(1) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, nation, or other organized group or
community, including any Alaska Native village or regional or
village corporation as defined in or established pursuant to
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), that is recognized for the special programs and
services provided by the United States to Indians because of
their status as Indians.
[[Page 2149]]
``(2) Tribally sanctioned educational authority.--The term
`tribally sanctioned educational authority' means--
``(A) any department or division of education operating
within the administrative structure of the duly constituted
governing body of an Indian tribe; and
``(B) any nonprofit institution or organization that is--
``(i) chartered by the governing body of an Indian tribe to
operate any such school or otherwise to oversee the delivery
of educational services to members of that tribe; and
``(ii) approved by the Secretary for the purpose of this
section.
``(b) Eligible Entity Application.--Notwithstanding any
other provision of this part, each eligible entity described
in subsection (a) shall submit any application for assistance
under this part directly to the Secretary along with timely
comments on the need for the proposed program.
``SEC. 7105. RESIDENTS OF THE TERRITORIES AND FREELY
ASSOCIATED NATIONS.
``For the purpose of carrying out programs under this part
in the outlying areas, the term `local educational agency'
shall include public institutions or agencies whose mission
is the preservation and maintenance of native languages.
``Subpart 1--Bilingual Education Capacity and Demonstration Grants
``SEC. 7111. FINANCIAL ASSISTANCE FOR BILINGUAL EDUCATION.
``The purpose of this subpart is to assist local
educational agencies, institutions of higher education, and
community-based organizations, through the grants authorized
under sections 7112, 7113, 7114, and 7115 to--
``(1) develop and enhance their capacity to provide high-
quality instruction through bilingual education or special
alternative instruction programs to children and youth of
limited English proficiency; and
``(2) to help such children and youth--
``(A) develop proficiency in English, and to the extent
possible, their native language; and
``(B) meet the same challenging State content standards and
challenging State student performance standards expected for
all children and youth as required by section 1111(b).
``SEC. 7112. PROGRAM DEVELOPMENT AND IMPLEMENTATION GRANTS.
``(a) Purpose.--The purpose of this section is to develop
and implement new comprehensive, coherent, and successful
bilingual education or special alternative instructional
programs for limited English proficient students, including
programs of early childhood education, kindergarten through
twelfth grade education, gifted and talented education, and
vocational and applied technology education.
``(b) Program Authorized.--
``(1) Authority.--(A) The Secretary is authorized to award
grants to eligible entities having applications approved
under section 7116 to enable such entities to carry out
activities described in paragraph (2).
``(B) Each grant under this section shall be awarded for a
period of three years.
``(2) Authorized activities.--(A) Grants awarded under this
section shall be used to improve the education of limited
English proficient students and their families by--
``(i) developing and implementing comprehensive preschool,
elementary, or secondary bilingual education or special
alternative instructional programs that are coordinated with
other relevant programs and services to meet the full range
of educational needs of limited English proficient students;
and
``(ii) providing inservice training to classroom teachers,
administrators, and other school or community-based
organizational personnel to improve the instruction and
assessment of language-minority and limited English
proficient students.
``(B) Grants under this section may be used to improve the
education of limited English proficient students and their
families by--
``(i) implementing family education programs and parent
outreach and training activities designed to assist parents
to become active participants in the education of their
children;
``(ii) improving the instructional program for limited
English proficient students by identifying, acquiring, and
upgrading curriculum, instructional materials, educational
software and assessment procedures and, if appropriate,
applying educational technology;
``(iii) compensating personnel, including teacher aides who
have been specifically trained, or are being trained, to
provide services to children and youth of limited English
proficiency;
``(iv) providing tutorials and academic or career
counseling for children and youth of limited-English
proficiency; and
``(v) providing such other activities, related to the
purposes of this part, as the Secretary may approve.
``(c) Eligible Entity.--For the purpose of this section the
term `eligible entity' means--
``(1) one or more local educational agencies;
``(2) one or more local educational agencies in
collaboration with an institution of higher education,
community-based organization or local or State educational
agency; or
``(3) a community-based organization or an institution of
higher education which has an application approved by the
local educational agency to develop and implement early
childhood education or family education programs or to
conduct an instructional program which supplements the
educational services provided by a local educational agency.
``(d) Due Consideration.--In awarding grants under this
section, the Secretary shall give due consideration to the
need for early childhood education, elementary education, and
secondary education programs.
``SEC. 7113. PROGRAM ENHANCEMENT PROJECTS.
``(a) Purpose.--The purpose of this section is to carry out
highly focused, innovative, locally designed projects to
expand or enhance existing bilingual education or special
alternative instructional programs for limited English
proficient students.
``(b) Program Authorized.--
``(1) Authority.--(A) The Secretary is authorized to award
grants to eligible entities having applications approved
under section 7116 to enable such entities to carry out
activities described in paragraph (2).
``(B) Each grant under this section shall be awarded for a
period of two years.
``(2) Authorized activities.--(A) Grants under this section
shall be used for providing inservice training to classroom
teachers, administrators, and other school or community-based
organization personnel to improve the instruction and
assessment of language-minority and limited English
proficient students.
``(B) Grants under this section may be used for--
``(i) implementing family education programs and parent
outreach and training activities designed to assist parents
to become active participants in the education of their
children;
``(ii) improving the instructional program for limited
English proficient students by identifying, acquiring, and
upgrading curriculum, instructional materials, educational
software and assessment procedures and, if appropriate,
applying educational technology;
``(iii) compensating personnel, including teacher aides who
have been specifically trained, or are being trained, to
provide services to children and youth of limited-English
proficiency;
``(iv) providing tutorials and academic or career
counseling for children and youth of limited-English
proficiency;
``(v) providing intensified instruction; and
``(vi) providing such other activities, related to the
purposes of this part, as the Secretary may approve.
``(c) Eligible Entity.--For the purpose of this section the
term `eligible entity' means--
``(1) one or more local educational agencies;
``(2) one or more local educational agencies in
collaboration with an institution of higher education,
community-based organization or local or State educational
agency; or
``(3) a community-based organization or an institution of
higher education which has an application approved by the
local educational agency to enhance early childhood education
or family education programs or to conduct an instructional
program which supplements the educational services provided
by a local educational agency.
``SEC. 7114. COMPREHENSIVE SCHOOL GRANTS.
``(a) Purpose.--The purpose of this section is to provide
financial assistance to eligible entities to implement
schoolwide bilingual education programs or special
alternative instruction programs for reforming,
restructuring, and upgrading all relevant programs and
operations, within an individual school, that serve all (or
virtually all) children and youth of limited-English
proficiency in schools with significant concentrations of
such children and youth.
``(b) Program Authorized.--
``(1) Authority.--(A) The Secretary is authorized to award
grants to eligible entities having applications approved
under section 7116 to enable such entities to carry out
activities described in paragraph (3).
``(B) Each grant under this section shall be awarded for
five years.
``(2) Termination.--The Secretary shall terminate grants to
eligible entities under this section if the Secretary
determines that--
``(A) the program evaluation required by section 7123
indicates that students in the schoolwide program are not
being taught to and are not making adequate progress toward
achieving challenging State content standards and challenging
State student performance standards; or
``(B) in the case of a program to promote dual language
facility, such program is not promoting such facility.
``(3) Authorized activities.--Grants under this section may
be used to improve the education of limited English
proficient students and their families by--
``(A) implementing family education programs and parent
outreach and training activities designed to assist parents
to become active participants in the education of their
children;
``(B) improving the instructional program for limited
English proficient students by identifying, acquiring and
upgrading curriculum, instructional materials, educational
software and assessment procedures and, if appropriate,
applying educational technology;
``(C) compensating personnel, including teacher aides who
have been specifically trained, or are being trained, to
provide services to children and youth of limited English
proficiency;
``(D) providing tutorials and academic or career counseling
for children and youth of limited-English proficiency;
[[Page 2150]]
``(E) providing intensified instruction; and
``(F) providing such other activities, related to the
purposes of this part, as the Secretary may approve.
``(4) Special rule.--A grant recipient, before carrying out
a program assisted under this section, shall plan, train
personnel, develop curriculum, and acquire or develop
materials.
``(c) Eligible Entities.--For the purpose of this section
the term `eligible entity' means--
``(1) one or more local educational agencies; or
``(2) one or more local educational agencies in
collaboration with an institution of higher education,
community-based organizations or a local or State educational
agency.
``SEC. 7115. SYSTEMWIDE IMPROVEMENT GRANTS.
``(a) Purpose.--The purpose of this section is to implement
districtwide bilingual education programs or special
alternative instruction programs to improve, reform, and
upgrade relevant programs and operations, within an entire
local educational agency, that serve a significant number of
children and youth of limited English proficiency in local
educational agencies with significant concentrations of such
children and youth.
``(b) Program Authorized.--
``(1) Authority.--(A) The Secretary is authorized to award
grants to eligible entities having applications approved
under section 7116 to enable such entities to carry out
activities described in paragraphs (3) and (4).
``(B) Each grant under this section shall be awarded for 5
years.
``(2) Termination.--The Secretary shall terminate grants to
eligible entities under this section if the Secretary
determines that--
``(A) the program evaluation required by section 7123
indicates that students in the program are not being taught
to and are not making adequate progress toward achieving
challenging State content standards and challenging State
student performance standards; or
``(B) in the case of a program to promote dual language
facility, such program is not promoting such facility.
``(3) Preparation.--Grants under this section may be used
during the first 12 months exclusively for activities
preparatory to the delivery of services.
``(4) Uses.--Grants under this section may be used to
improve the education of limited English proficient students
and their families by reviewing, restructuring, and
upgrading--
``(A) educational goals, curriculum guidelines and content,
standards and assessments;
``(B) personnel policies and practices including
recruitment, certification, staff development, and
assignment;
``(C) student grade-promotion and graduation requirements;
``(D) student assignment policies and practices;
``(E) family education programs and parent outreach and
training activities designed to assist parents to become
active participants in the education of their children;
``(F) the instructional program for limited English
proficient students by identifying, acquiring and upgrading
curriculum, instructional materials, educational software and
assessment procedures and, if appropriate, applying
educational technology;
``(G) tutorials and academic or career counseling for
children and youth of limited-English proficiency; and
``(H) such other activities, related to the purposes of
this part, as the Secretary may approve.
``(c) Eligible Entities.--For the purpose of this section
the term `eligible entity' means--
``(1) one or more local educational agencies; or
``(2) one or more local educational agencies in
collaboration with an institution of higher education,
community-based organizations or a local or State educational
agency.
``SEC. 7116. APPLICATIONS.
``(a) In General.--
``(1) Secretary.--To receive a grant under this subpart, an
eligible entity shall submit an application to the Secretary
at such time, in such form, and containing such information
as the Secretary may require.
``(2) State educational agency.--An eligible entity, with
the exception of schools funded by the Bureau of Indian
Affairs, shall submit a copy of its application under this
section to the State educational agency.
``(b) State Review and Comments.--
``(1) Deadline.--The State educational agency, not later
than 45 days after receipt of an application under this
section, shall review the application and transmit such
application to the Secretary.
``(2) Comments.--(A) Regarding any application submitted
under this title, the State educational agency shall--
``(i) submit to the Secretary written comments regarding
all such applications; and
``(ii) submit to each eligible entity the comments that
pertain to such entity.
``(B) For purposes of this subpart, such comments shall
address how the eligible entity--
``(i) will further the academic achievement of limited
English proficient students served pursuant to a grant
received under this subpart; and
``(ii) how the grant application is consistent with the
State plan submitted under section 1111.
``(c) Eligible Entity Comments.--An eligible entity may
submit to the Secretary comments that address the comments
submitted by the State educational agency.
``(d) Comment Consideration.--In making grants under this
subpart the Secretary shall take into consideration comments
made by a State educational agency.
``(e) Waiver.--Notwithstanding subsection (b), the
Secretary is authorized to waive the review requirement of
subsection (b) if a State educational agency can demonstrate
that such review requirement may impede such agency's ability
to fulfill the requirements of participation in the State
grant program, particularly such agency's data collection
efforts and such agency's ability to provide technical
assistance to local educational agencies not receiving funds
under this Act.
``(f) Required Documentation.--Such application shall
include documentation that the applicant has the qualified
personnel required to develop, administer, and implement the
proposed program.
``(g) Contents.--
``(1) In general.--An application for a grant under this
subpart shall contain the following:
``(A) A description of the need for the proposed program,
including data on the number of children and youth of
limited-English proficiency in the school or school district
to be served and the characteristics of such children and
youth, such as language spoken, dropout rates, proficiency in
English and the native language, academic standing in
relation to the English-proficient peers of such children and
youth, and, where applicable, the recency of immigration.
``(B) A description of the program to be implemented and
how such program's design--
``(i) relates to the linguistic and academic needs of the
children and youth of limited-English proficiency to be
served;
``(ii) is coordinated with other programs under this Act,
the Goals 2000: Educate America Act and other Acts, as
appropriate, in accordance with section 14306;
``(iii) involves the parents of the children and youth of
limited-English proficiency to be served;
``(iv) ensures accountability in achieving high academic
standards; and
``(v) promotes coordination of services for the children
and youth of limited-English proficiency to be served and
their families.
``(C) A description, if appropriate, of the applicant's
collaborative activities with institutions of higher
education, community-based organizations, local or State
educational agencies, private schools, nonprofit
organizations, or businesses in carrying out the proposed
program.
``(D) An assurance that the applicant will not reduce the
level of State and local funds that the applicant expends for
bilingual education or special alternative instruction
programs if the applicant receives an award under this
subpart.
``(E) An assurance that the applicant will employ teachers
in the proposed program that, individually or in combination,
are proficient in English, including written, as well as
oral, communication skills.
``(F) A budget for grant funds.
``(2) Additional information.--Each application for a grant
under section 7114 or 7115 shall--
``(A) describe--
``(i) current services the applicant provides to children
and youth of limited-English proficiency;
``(ii) what services children and youth of limited-English
proficiency will receive under the grant that such children
or youth will not otherwise receive;
``(iii) how funds received under this subpart will be
integrated with all other Federal, State, local, and private
resources that may be used to serve children and youth of
limited-English proficiency;
``(iv) specific achievement and school retention goals for
the children and youth to be served by the proposed program
and how progress toward achieving such goals will be
measured; and
``(v) current family education programs if applicable; and
``(B) provide assurances that--
``(i) the program funded will be integrated with the
overall educational program; and
``(ii) the application has been developed in consultation
with an advisory council, the majority of whose members are
parents and other representatives of the children and youth
to be served in such programs.
``(h) Approval of Applications.--An application for a grant
under this subpart may be approved only if the Secretary
determines that--
``(1) the program will use qualified personnel, including
personnel who are proficient in the language or languages
used for instruction;
``(2) in designing the program for which application is
made, the needs of children in nonprofit private elementary
and secondary schools have been taken into account through
consultation with appropriate private school officials and,
consistent with the number of such children enrolled in such
schools in the area to be served whose educational needs are
of the type and whose language and grade levels are of a
similar type to those which the program is intended to
address, after consultation with appropriate private school
officials, provision has been made for the participation of
such children on a basis comparable to that provided for
public school children;
``(3) student evaluation and assessment procedures in the
program are valid, reliable, and fair for limited English
proficient students, and that limited English proficient
students who are disabled are identified and
[[Page 2151]]
served in accordance with the requirements of the Individuals
with Disabilities Education Act;
``(4) Federal funds made available for the project or
activity will be used so as to supplement the level of State
and local funds that, in the absence of such Federal funds,
would have been expended for special programs for children of
limited English proficient individuals and in no case to
supplant such State and local funds, except that nothing in
this paragraph shall be construed to preclude a local
educational agency from using funds under this title for
activities carried out under an order of a court of the
United States or of any State respecting services to be
provided such children, or to carry out a plan approved by
the Secretary as adequate under title VI of the Civil Rights
Act of 1964 with respect to services to be provided such
children;
``(5) the assistance provided under the application will
contribute toward building the capacity of the applicant to
provide a program on a regular basis, similar to that
proposed for assistance, which will be of sufficient size,
scope, and quality to promise significant improvement in the
education of students of limited-English proficiency, and
that the applicant will have the resources and commitment to
continue the program when assistance under this subpart is
reduced or no longer available; and
``(6) the applicant provides for utilization of the State
and national dissemination sources for program design and in
dissemination of results and products.
``(i) Priorities and Special Rules.--
``(1) Priority.--The Secretary shall give priority to
applications which provide for the development of bilingual
proficiency both in English and another language for all
participating students.
``(2) Special alternative instructional program.--Grants
for special alternative instructional programs under this
subpart shall not exceed 25 percent of the funds provided for
any type of grant under any section, or of the total funds
provided, under this subpart for any fiscal year.
``(3) Special rule.--Notwithstanding paragraph (2), the
Secretary may award grants under this subpart for special
alternative instructional programs if an applicant has
demonstrated that the applicant cannot develop and implement
a bilingual education program for the following reasons:
``(A) Where the diversity of the limited English proficient
students' native languages and the small number of students
speaking each respective language makes bilingual education
impractical.
``(B) Where, despite documented efforts, the applicant has
not been able to hire qualified instructional personnel who
are able to communicate in the students' native language.
``(4) Consideration.--In approving applications under this
subpart, the Secretary shall give consideration to the degree
to which the program for which assistance is sought involves
the collaborative efforts of institutions of higher
education, community-based organizations, the appropriate
local and State educational agency, or businesses.
``(5) Due consideration.--The Secretary shall give due
consideration to applications providing training for
personnel participating in or preparing to participate in the
program which will assist such personnel in meeting State and
local certification requirements and that, to the extent
possible, describe how college or university credit will be
awarded for such training.
``SEC. 7117. INTENSIFIED INSTRUCTION.
``In carrying out this subpart, each grant recipient may
intensify instruction for limited English proficient students
by--
``(1) expanding the educational calendar of the school in
which such student is enrolled to include programs before and
after school and during the summer months;
``(2) expanding the use of professional and volunteer aids;
``(3) applying technology to the course of instruction; and
``(4) providing intensified instruction through
supplementary instruction or activities, including
educationally enriching extracurricular activities, during
times when school is not routinely in session.
``SEC. 7118. CAPACITY BUILDING.
``Each recipient of a grant under this subpart shall use
the grant in ways that will build such recipient's capacity
to continue to offer high-quality bilingual and special
alternative education programs and services to children and
youth of limited-English proficiency once Federal assistance
is reduced or eliminated.
``SEC. 7119. SUBGRANTS.
``A local educational agency that receives a grant under
this subpart may, with the approval of the Secretary, make a
subgrant to, or enter into a contract with, an institution of
higher education, a nonprofit organization, or a consortium
of such entities to carry out an approved program, including
a program to serve out-of-school youth.
``SEC. 7120. PRIORITY ON FUNDING.
``The Secretary shall give priority to applications under
this subpart that describe a program that--
``(1) enrolls a large percentage or large number of limited
English proficient students;
``(2) takes into account significant increases in limited
English proficient children and youth, including such
children and youth in areas with low concentrations of such
children and youth; and
``(3) ensures that activities assisted under this subpart
address the needs of school systems of all sizes and
geographic areas, including rural and urban schools.
``SEC. 7121. COORDINATION WITH OTHER PROGRAMS.
``In order to secure the most flexible and efficient use of
Federal funds, any State receiving funds under this subpart
shall coordinate its program with other programs under this
Act, the Goals 2000: Educate America Act, and other Acts, as
appropriate, in accordance with section 14306.
``SEC. 7122. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.
``Programs authorized under this part that serve Native
American children, Native Pacific Island children, and
children in the Commonwealth of Puerto Rico, notwithstanding
any other provision of this part, may include programs of
instruction, teacher training, curriculum development,
evaluation, and testing designed for Native American children
and youth learning and studying Native American languages and
children and youth of limited-Spanish proficiency, except
that one outcome of such programs serving Native American
children shall be increased English proficiency among such
children.
``SEC. 7123. EVALUATIONS.
``(a) Evaluation.--Each recipient of funds under this
subpart shall provide the Secretary with an evaluation, in
the form prescribed by the Secretary, of such recipient's
program every two years.
``(b) Use of Evaluation.--Such evaluation shall be used by
a grant recipient--
``(1) for program improvement;
``(2) to further define the program's goals and objectives;
and
``(3) to determine program effectiveness.
``(c) Evaluation Components.--Evaluations shall include--
``(1) how students are achieving the State student
performance standards, if any, including data comparing
children and youth of limited-English proficiency with
nonlimited English proficient children and youth with regard
to school retention, academic achievement, and gains in
English (and, where applicable, native language) proficiency;
``(2) program implementation indicators that provide
information for informing and improving program management
and effectiveness, including data on appropriateness of
curriculum in relationship to grade and course requirements,
appropriateness of program management, appropriateness of the
program's staff professional development, and appropriateness
of the language of instruction;
``(3) program context indicators that describe the
relationship of the activities funded under the grant to the
overall school program and other Federal, State, or local
programs serving children and youth of limited English
proficiency; and
``(4) such other information as the Secretary may require.
``SEC. 7124. CONSTRUCTION.
``Nothing in this part shall be construed to prohibit a
local educational agency from serving limited English
proficient children and youth simultaneously with students
with similar educational needs, in the same educational
settings where appropriate.
``Subpart 2--Research, Evaluation, and Dissemination
``SEC. 7131. AUTHORITY.
``(a) In General.--The Secretary is authorized to conduct
data collection, dissemination, research, and ongoing program
evaluation activities in accordance with the provisions of
this subpart for the purpose of improving bilingual education
and special alternative instruction programs for children and
youth of limited English proficiency.
``(b) Competitive Awards.--Research and program evaluation
activities carried out under this subpart shall be supported
through competitive grants, contracts and cooperative
agreements awarded institutions of higher education,
nonprofit organizations, and State and local educational
agencies.
``(c) Administration.--The Secretary shall conduct data
collection, dissemination, and ongoing program evaluation
activities authorized by this subpart through the Office of
Bilingual Education and Minority Language Affairs.
``SEC. 7132. RESEARCH.
``(a) Administration.--The Secretary shall conduct research
activities authorized by this subpart through the Office of
Educational Research and Improvement in coordination and
collaboration with the Office of Bilingual Education and
Minority Language Affairs.
``(b) Requirements.--Such research activities--
``(1) shall have a practical application to teachers,
counselors, paraprofessionals, school administrators,
parents, and others involved in improving the education of
limited English proficient students and their families;
``(2) may include research on effective instructional
practices for multilingual classes, and on effective
instruction strategies to be used by teachers and other staff
who do not know the native language of a limited English
proficient child or youth in their classrooms;
``(3) may include establishing (through the National Center
for Education Statistics in consultation with experts in
bilingual education, second language acquisition, and
English-as-a-second-language) a common definition of `limited
English proficient stu-
[[Page 2152]]
dent' for purposes of national data collection; and
``(4) shall be administered by individuals with expertise
in bilingual education and the needs of limited English
proficient students and their families.
``(c) Field-Initiated Research.--
``(1) In general.--The Secretary shall reserve not less
than 5 percent of the funds made available to carry out this
section for field-initiated research conducted by current or
recent recipients of grants under subpart 1 or 2 who have
received such grants within the previous five years. Such
research may provide for longitudinal studies of students or
teachers in bilingual education, monitoring the education of
such students from entry in bilingual education through
secondary school completion.
``(2) Applications.--Applicants for assistance under this
subsection may submit an application for such assistance to
the Secretary at the same time as applications are submitted
under subpart 1 or 2. The Secretary shall complete a review
of such applications on a timely basis to allow research and
program grants to be coordinated when recipients are awarded
two or more such grants.
``(d) Consultation.--The Secretary shall consult with
agencies and organizations that are engaged in bilingual
education research and practice, or related research, and
bilingual education researchers and practitioners to identify
areas of study and activities to be funded under this
section.
``(e) Data Collection.--The Secretary shall provide for the
continuation of data collection on limited English proficient
students as part of the data systems operated by the
Department.
``SEC. 7133. ACADEMIC EXCELLENCE AWARDS.
``(a) Awards.--The Secretary may make grants to, and enter
into contracts and cooperative agreements with, State and
local educational agencies, nonprofit organizations, and
institutions of higher education to promote the adoption and
implementation of bilingual education, special alternative
instruction programs, and professional development programs
that demonstrate promise of assisting children and youth of
limited English proficiency to meet challenging State
standards.
``(b) Applications.--
``(1) In general.--Each entity desiring an award under this
section shall submit an application to the Secretary in such
form, at such time, and containing such information and
assurances as the Secretary may reasonably require.
``(2) Peer review.--The Secretary shall use a peer review
process, using effectiveness criteria that the Secretary
shall establish, to review applications under this section.
``(c) Use of Funds.--Funds under this section shall be used
to enhance the capacity of States and local education
agencies to provide high quality academic programs for
children and youth of limited English proficiency, which may
include--
``(1) completing the development of such programs;
``(2) professional development of staff participating in
bilingual education programs;
``(3) sharing strategies and materials; and
``(4) supporting professional networks.
``(d) Coordination.--Recipients of funds under this section
shall coordinate the activities assisted under this section
with activities carried out by comprehensive regional
assistance centers assisted under part A of title XIII.
``SEC. 7134. STATE GRANT PROGRAM.
``(a) State Grant Program.--The Secretary is authorized to
make an award to a State educational agency that
demonstrates, to the satisfaction of the Secretary, that such
agency, through such agency's own programs and other Federal
education programs, effectively provides for the education of
children and youth of limited English proficiency within the
State.
``(b) Payments.--The amount paid to a State educational
agency under subsection (a) shall not exceed 5 percent of the
total amount awarded to local educational agencies within the
State under subpart 1 for the previous fiscal year, except
that in no case shall the amount paid by the Secretary to any
State educational agency under this subsection for any fiscal
year be less than $100,000.
``(c) Use of Funds.--
``(1) In general.--A State educational agency shall use
funds awarded under this section for programs authorized by
this section to--
``(A) assist local educational agencies in the State with
program design, capacity building, assessment of student
performance, and program evaluation; and
``(B) collect data on the State's limited English
proficient populations and the educational programs and
services available to such populations.
``(2) Exception.--States which do not, as of the date of
enactment of the Improving America's Schools Act of 1994,
have in place a system for collecting the data described in
subparagraph (B) of paragraph (1) for all students in such
State, are not required to meet the requirement of such
subparagraph. In the event such State develops a system for
collecting data on the educational programs and services
available to all students in the State, then such State shall
comply with the requirement of paragraph (1)(B).
``(3) Training.--The State educational agency may also use
funds provided under this section for the training of State
educational agency personnel in educational issues affecting
limited English proficient children and youth.
``(4) Special rule.--Recipients of funds under this section
shall not restrict the provision of services under this
section to federally funded programs.
``(d) State Consultation.--A State educational agency
receiving funds under this section shall consult with
recipients of grants under this title and other individuals
or organizations involved in the development or operation of
programs serving limited English proficient children or youth
to ensure that such funds are used in a manner consistent
with the requirements of this title.
``(e) Applications.--A State educational agency desiring to
receive funds under this section shall submit an application
to the Secretary in such form, at such time, and containing
such information and assurances as the Secretary may require.
``(f) Supplement Not Supplant.--Funds made available under
this section for any fiscal year shall be used by the State
educational agency to supplement and, to the extent
practical, to increase to the level of funds that would, in
the absence of such funds, be made available by the State for
the purposes described in this section, and in no case to
supplant such funds.
``(g) Report to the Secretary.--State educational agencies
receiving awards under this section shall provide for the
annual submission of a summary report to the Secretary
describing such State's use of such funds.
``SEC. 7135. NATIONAL CLEARINGHOUSE FOR BILINGUAL EDUCATION.
``(a) Establishment.--The Secretary shall establish and
support the operation of a National Clearinghouse for
Bilingual Education, which shall collect, analyze,
synthesize, and disseminate information about bilingual
education and related programs.
``(b) Functions.--The National Clearinghouse for Bilingual
Education shall--
``(1) be administered as an adjunct clearinghouse of the
Educational Resources Information Center Clearinghouses
system of clearinghouses supported by the Office of
Educational Research and Improvement;
``(2) coordinate its activities with Federal data and
information clearinghouses and dissemination networks and
systems;
``(3) develop a data base management and monitoring system
for improving the operation and effectiveness of federally
funded bilingual education programs; and
``(4) develop, maintain, and disseminate, through
comprehensive regional assistance centers described in part A
of title XIII if appropriate, a listing by geographical area
of education professionals, parents, teachers,
administrators, community members and others who are native
speakers of languages other than English for use as a
resource by local educational agencies and schools in the
development and implementation of bilingual education
programs.
``SEC. 7136. INSTRUCTIONAL MATERIALS DEVELOPMENT.
``The Secretary may provide grants for the development,
publication, and dissemination of high-quality instructional
materials in Native American and Native Hawaiian languages
and the language of Native Pacific Islanders and natives of
the outlying areas for which instructional materials are not
readily available. The Secretary shall give priority to the
development of instructional materials in languages
indigenous to the United States or the outlying areas. The
Secretary shall also accord priority to applications for
assistance under this section which provide for developing
and evaluating materials in collaboration with activities
assisted under subparts 1 and 2 and which are consistent with
voluntary national content standards and challenging State
content standards.
``Subpart 3--Professional Development
``SEC. 7141. PURPOSE.
``The purpose of this subpart is to assist in preparing
educators to improve the educational services for limited
English proficient children and youth by supporting
professional development programs and the dissemination of
information on appropriate instructional practices for such
children and youth.
``SEC. 7142. TRAINING FOR ALL TEACHERS PROGRAM.
``(a) Purpose.--The purpose of this section is to provide
for the incorporation of courses and curricula on appropriate
and effective instructional and assessment methodologies,
strategies and resources specific to limited English
proficient students into preservice and inservice
professional development programs for teachers, pupil
services personnel, administrators and other education
personnel in order to prepare such individuals to provide
effective services to limited English proficient students.
``(b) Authorization.--
``(1) Authority.--The Secretary is authorized to award
grants to institutions of higher education, local educational
agencies, and State educational agencies or to nonprofit
organizations which have entered into consortia arrangements
with one of such institutions or agencies.
``(2) Duration.--Each grant under this section shall be
awarded for a period of not more than five years.
``(c) Permissible Activities.--Activities conducted under
this section may include the development of training programs
in collaboration with other programs such as programs
authorized under titles I and II of this Act, and under the
Head Start Act.
[[Page 2153]]
``SEC. 7143. BILINGUAL EDUCATION TEACHERS AND PERSONNEL
GRANTS.
``(a) Purpose.--The purpose of this section is to provide
for--
``(1) preservice and inservice professional development for
bilingual education teachers, administrators, pupil services
personnel, and other educational personnel who are either
involved in, or preparing to be involved in, the provision of
educational services for children and youth of limited-
English proficiency; and
``(2) national professional development institutes that
assist schools or departments of education in institutions of
higher education to improve the quality of professional
development programs for personnel serving, preparing to
serve, or who may serve, children and youth of limited-
English proficiency.
``(b) Priority.--The Secretary shall give priority in
awarding grants under this section to institutions of higher
education, in consortia with local or State educational
agencies, that offer degree programs which prepare new
bilingual education teachers in order to increase the
availability of educators to provide high-quality education
to limited English proficient students.
``(c) Authorization.--
``(1) The Secretary is authorized to award grants for not
more than five years to institutions of higher education
which have entered into consortia arrangements with local or
State educational agencies to achieve the purposes of this
section.
``(2) The Secretary is authorized to make grants for not
more than five years to State and local educational agencies
for inservice professional development programs.
``SEC. 7144. BILINGUAL EDUCATION CAREER LADDER PROGRAM.
``(a) Purpose.--The purpose of this section is--
``(1) to upgrade the qualifications and skills of
noncertified educational personnel, especially educational
paraprofessionals, to meet high professional standards,
including certification and licensure as bilingual education
teachers and other educational personnel who serve limited
English proficient students, through collaborative training
programs operated by institutions of higher education and
local and State educational agencies; and
``(2) to help recruit and train secondary school students
as bilingual education teachers and other educational
personnel to serve limited English proficient students.
``(b) Authorization.--
``(1) In general.--The Secretary is authorized to award
grants for bilingual education career ladder programs to
institutions of higher education applying in consortia with
local or State educational agencies, which consortia may
include community-based organizations or professional
education organizations.
``(2) Duration.--Each grant under this section shall be
awarded for a period of not more than five years.
``(c) Permissive Activities.--Grants awarded under this
section may be used--
``(1) for the development of bilingual education career
ladder program curricula appropriate to the needs of the
consortium participants;
``(2) to provide assistance for stipends and costs related
to tuition, fees and books for enrolling in courses required
to complete the degree and certification requirements to
become bilingual education teachers; and
``(3) for programs to introduce secondary school students
to careers in bilingual education teaching that are
coordinated with other activities assisted under this
section.
``(d) Special Consideration.--The Secretary shall give
special consideration to ap-
plications under this section which provide for--
``(1) participant completion of baccalaureate and master's
degree teacher education programs, and certification
requirements and may include effective employment placement
activities;
``(2) development of teacher proficiency in English and a
second language, including demonstrating proficiency in the
instructional use of English and, as appropriate, a second
language in classroom contexts;
``(3) coordination with the Federal TRIO programs under
chapter 1 of part A of title IV of the Higher Education Act
of 1965, the National Mini Corps under subpart 1 of part F of
title V of such Act, the Teacher Corps program under subpart
3 of part C of title V of such Act, and the National
Community and Service Trust Act of 1993 programs, and other
programs for the recruitment and retention of bilingual
students in secondary and postsecondary programs to train to
become bilingual educators; and
``(4) the applicant's contribution of additional student
financial aid to participating students.
``SEC. 7145. GRADUATE FELLOWSHIPS IN BILINGUAL EDUCATION
PROGRAM.
``(a) Authorization.--
``(1) In general.--The Secretary may award fellowships for
masters, doctoral, and post-doctoral study related to
instruction of children and youth of limited-English
proficiency in such areas as teacher training, program
administration, research and evaluation, and curriculum
development, and for the support of dissertation research
related to such study.
``(2) Number.--For fiscal year 1994 not less than 500
fellowships leading to a master's or doctorate degree shall
be awarded under this section.
``(3) Information.--The Secretary shall include information
on the operation and the number of fellowships awarded under
the fellowship program in the evaluation required under
section 7149.
``(b) Fellowship Requirements.--
``(1) In general.--Any person receiving a fellowship under
this section shall agree to--
``(A) work in an activity related to the program or in an
activity such as an activity authorized under this part,
including work as a bilingual education teacher, for a period
of time equivalent to the period of time during which such
person receives assistance under this section; or
``(B) repay such assistance.
``(2) Regulations.--The Secretary shall establish in
regulations such terms and conditions for such agreement as
the Secretary deems reasonable and necessary and may waive
the requirement of paragraph (1) in extraordinary
circumstances.
``(c) Priority.--In awarding fellowships under this section
the Secretary may give priority to institutions of higher
education that demonstrate experience in assisting fellowship
recipients find employment in the field of bilingual
education.
``SEC. 7146. APPLICATION.
``(a) In General.--
``(1) Secretary.--To receive an award under this subpart,
an eligible entity shall submit an application to the
Secretary at such time, in such form, and containing such
information as the Secretary may require.
``(2) Consultation and assessment.--Each such application
shall contain a description of how the applicant has
consulted with, and assessed the needs of, public and private
schools serving children and youth of limited-English
proficiency to determine such school's need for, and the
design of, the program for which funds are sought.
``(3) Special rule.--(A) An application for a grant under
subsection (a) from an applicant who proposes to conduct a
master's- or doctoral-level program with funds received under
this section shall provide an assurance that such program
will include, as a part of the program, a training practicum
in a local school program serving children and youth of
limited-English proficiency.
``(B) A recipient of a grant under subsection (a) may waive
the requirement of a training practicum for a degree
candidate with significant experience in a local school
program serving children and youth of limited-English
proficiency.
``(4) State educational agency.--An eligible entity, with
the exception of schools funded by the Bureau of Indian
Affairs, shall submit a copy of the application under this
subsection to the State educational agency.
``(b) State Review and Comments.--
``(1) Deadline.--The State educational agency, not later
than 45 days after receipt of such application copy, shall
review the application and transmit such application to the
Secretary.
``(2) Comments.--(A) Regarding any application submitted
under this subpart, the State educational agency shall--
``(i) submit to the Secretary written comments regarding
all such applications; and
``(ii) submit to each eligible entity the comments that
pertain to such entity.
``(B) For purposes of this subpart, comments shall address
how the eligible entity--
``(i) will further the academic achievement of limited
English proficient students served pursuant to a grant
received under this subpart; and
``(ii) how the grant application is consistent with the
State plan submitted under section 1111.
``(3) Waiver.--Notwithstanding paragraphs (1) and (2), the
Secretary is authorized to waive the review requirement if a
State educational agency can demonstrate that such review
requirement may impede such agency's ability to fulfill the
requirements of participation in the State grant program,
particularly such agency's data collection efforts and such
agency's ability to provide technical assistance to local
educational agencies not receiving funds under this Act.
``(c) Eligible Entity Comments.--An eligible entity may
submit to the Secretary comments that address the comments
submitted by the State educational agency.
``(d) Comment Consideration.--In making awards under this
subpart the Secretary shall take into consideration comments
made by a State educational agency.
``(e) Special Rule.--
``(1) Outreach and technical assistance.--The Secretary
shall provide for outreach and technical assistance to
institutions of higher education eligible for assistance
under title III of the Higher Education Act of 1965 and
institutions of higher education that are operated or funded
by the Bureau of Indian Affairs to facilitate the
participation of such institutions in activities under this
part.
``(2) Distribution rule.--In making awards under this
subpart, the Secretary, consistent with subsection (d), shall
ensure adequate representation of Hispanic-serving
institutions that demonstrate competence and experience in
the programs and activities authorized under this subpart and
are otherwise qualified.
``SEC. 7147. PROGRAM REQUIREMENTS.
``Activities conducted under this subpart shall assist
educational personnel in meeting State and local
certification requirements for bilingual education and,
wherever possible, shall lead toward the awarding of college
or university credit.
``SEC. 7148. STIPENDS.
``The Secretary shall provide for the payment of such
stipends (including allowances
[[Page 2154]]
for subsistence and other expenses for such persons and their
dependents), as the Secretary determines to be appropriate,
to persons participating in training programs under this
subpart.
``SEC. 7149. PROGRAM EVALUATIONS.
``Each recipient of funds under this subpart shall provide
the Secretary with an evaluation of the program assisted
under this subpart every two years. Such evaluation shall
include data on--
``(1) post-program placement of persons trained in a
program assisted under this subpart;
``(2) how the training relates to the employment of persons
served by the program;
``(3) program completion; and
``(4) such other information as the Secretary may require.
``SEC. 7150. USE OF FUNDS FOR SECOND LANGUAGE COMPETENCE.
``Awards under this subpart may be used to develop a
program participant's competence in a second language for use
in instructional programs.
``Subpart 4--Transition
``SEC. 7161. SPECIAL RULE.
``Notwithstanding any other provision of law, no recipient
of a grant under title VII of this Act (as such title was in
effect on the day preceding the date of enactment of the
Improving America's Schools Act of 1994) shall be eligible
for fourth- and fifth-year renewals authorized by section
7021(d)(1)(C) of such title (as such section was in effect on
the day preceding the date of enactment of such Act).
``PART B--FOREIGN LANGUAGE ASSISTANCE PROGRAM
``SEC. 7201. SHORT TITLE.
``This part may be cited as the `Foreign Language
Assistance Act of 1994'.
``SEC. 7202. FINDINGS.
``The Congress finds as follows:
``(1) Foreign language proficiency is crucial to our
Nation's economic competitiveness and national security.
Significant improvement in the quantity and quality of
foreign language instruction offered in our Nation's
elementary and secondary schools is necessary.
``(2) All Americans need a global perspective. To
understand the world around us, we must acquaint ourselves
with the languages, cultures, and history of other nations.
``(3) Proficiency in two or more languages should be
promoted for all American students. Multilingualism enhances
cognitive and social growth, competitiveness in the global
marketplace, national security, and understanding of diverse
people and cultures.
``(4) The United States lags behind other developed
countries in offering foreign language study to elementary
and secondary school students.
``(5) Four out of five new jobs in the United States are
created from foreign trade.
``(6) The optimum time to begin learning a second language
is in elementary school, when children have the ability to
learn and excel in several foreign language acquisition
skills, including pronunciation, and when children are most
open to appreciating and valuing a culture other than their
own.
``(7) Foreign language study can increase childrens'
capacity for critical and creative thinking skills and
children who study a second language show greater cognitive
development in areas such as mental flexibility, creativity,
tolerance, and higher order thinking skills.
``(8) Children who have studied a foreign language in
elementary school achieve expected gains and score higher on
standardized tests of reading, language arts, and mathematics
than children who have not studied a foreign language.
``SEC. 7203. PROGRAM AUTHORIZED.
``(a) Program Authority.--
``(1) In general.--The Secretary shall make grants, on a
competitive basis, to State educational agencies or local
educational agencies to pay the Federal share of the cost of
innovative model programs providing for the establishment,
improvement or expansion of foreign language study for
elementary and secondary school students.
``(2) Duration.--Each grant under paragraph (1) shall be
awarded for a period of three years.
``(b) Requirements.--
``(1) Grants to state educational agencies.--In awarding a
grant under subsection (a) to a State educational agency, the
Secretary shall support programs that promote systemic
approaches to improving foreign language learning in the
State.
``(2) Grants to local educational agencies.--In awarding a
grant under subsection (a) to a local educational agency, the
Secretary shall support programs that--
``(A) show the promise of being continued beyond the grant
period;
``(B) demonstrate approaches that can be disseminated and
duplicated in other local educational agencies; and
``(C) may include a professional development component.
``(c) Federal Share.--
``(1) In general.--The Federal share for each fiscal year
shall be 50 percent.
``(2) Waiver.--The Secretary may waive the requirement of
paragraph (1) for any local educational agency which the
Secretary determines does not have adequate resources to pay
the non-Federal share of the cost of the activities assisted
under this part.
``(3) Special rule.--Not less than three-fourths of the
funds appropriated under section 7206 shall be used for the
expansion of foreign language learning in the elementary
grades.
``(4) Reservation.--The Secretary may reserve not more than
5 percent of funds appropriated under section 7206 to
evaluate the efficacy of programs under this part.
``SEC. 7204. APPLICATIONS.
``(a) In General.--Any State educational agency or local
educational agency desiring a grant under this part shall
submit an application to the Secretary at such time, in such
form, and containing such information and assurances as the
Secretary may require.
``(b) Special Consideration.--The Secretary shall give
special consideration to applications describing programs
that--
``(1) include intensive summer foreign language programs
for professional development;
``(2) link non-native English speakers in the community
with the schools in order to promote two-way language
learning; or
``(3) promote the sequential study of a foreign language
for students, beginning in elementary schools.
``SEC. 7205. ELEMENTARY SCHOOL FOREIGN LANGUAGE INCENTIVE
PROGRAM.
``(a) Incentive Payments.--From amounts appropriated under
section 7206 the Secretary shall make an incentive payment
for each fiscal year to each public elementary school that
provides to students attending such school a program designed
to lead to communicative competency in a foreign language.
``(b) Amount.--The Secretary shall determine the amount of
the incentive payment under subsection (a) for each public
elementary school for each fiscal year on the basis of the
number of students participating in a program described in
such subsection at such school for such year compared to the
total number of such students at all such schools in the
United States for such year.
``(c) Requirement.--The Secretary shall consider a program
to be designed to lead to communicative competency in a
foreign language if such program is comparable to a program
that provides not less than 45 minutes of instruction in a
foreign language not less than four days per week throughout
an academic year.
``SEC. 7206. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $35,000,000 for
the fiscal year 1995, and such sums as may be necessary for
each of the four succeeding fiscal years, to carry out this
part, of which not more than $20,000,000 may be used in each
fiscal year to carry out section 7205.
``PART C--EMERGENCY IMMIGRANT EDUCATION PROGRAM
``SEC. 7301. FINDINGS AND PURPOSE.
``(a) Findings.--The Congress finds that--
``(1) the education of our Nation's children and youth is
one of the most sacred government responsibilities;
``(2) local educational agencies have struggled to fund
adequately education services;
``(3) in the case of Plyler v. Doe, the Supreme Court held
that States have a responsibility under the Equal Protection
Clause of the Constitution to educate all children,
regardless of immigration status; and
``(4) immigration policy is solely a responsibility of the
Federal Government.
``(b) Purpose.--The purpose of this part is to assist
eligible local educational agencies that experience
unexpectedly large increases in their student population due
to immigration to--
``(1) provide high-quality instruction to immigrant
children and youth; and
``(2) help such children and youth--
``(A) with their transition into American society; and
``(B) meet the same challenging State performance standards
expected of all children and youth.
``SEC. 7302. STATE ADMINISTRATIVE COSTS.
``For any fiscal year, a State educational agency may
reserve not more than 1.5 percent of the amount allocated to
such agency under section 7304 to pay the costs of performing
such agency's administrative functions under this part.
``SEC. 7303. WITHHOLDING.
``Whenever the Secretary, after providing reasonable notice
and opportunity for a hearing to any State educational
agency, finds that there is a failure to meet the requirement
of any provision of this part, the Secretary shall notify
that agency that further payments will not be made to the
agency under this part, or in the discretion of the
Secretary, that the State educational agency shall not make
further payments under this part to specified local
educational agencies whose actions cause or are involved in
such failure until the Secretary is satisfied that there is
no longer any such failure to comply. Until the Secretary is
so satisfied, no further payments shall be made to the State
educational agency under this part, or payments by the State
educational agency under this part shall be limited to local
educational agencies whose actions did not cause or were not
involved in the failure, as the case may be.
``SEC. 7304. STATE ALLOCATIONS.
``(a) Payments.--The Secretary shall, in accordance with
the provisions of this section, make payments to State
educational agencies for each of the fiscal years 1995
through 1999 for the purpose set forth in section 7301(b).
``(b) Allocations.--
``(1) In general.--Except as provided in subsections (c)
and (d), of the amount appropriated for each fiscal year for
this part,
[[Page 2155]]
each State participating in the program assisted under this
part shall receive an allocation equal to the proportion of
such State's number of immigrant children and youth who are
enrolled in public elementary or secondary schools under the
jurisdiction of each local educational agency described in
paragraph (2) within such State, and in nonpublic elementary
or secondary schools within the district served by each such
local educational agency, relative to the total number of
immigrant children and youth so enrolled in all the States
participating in the program assisted under this part.
``(2) Eligible local educational agencies.--The local
educational agencies referred to in paragraph (1) are those
local educational agencies in which the sum of the number of
immigrant children and youth who are enrolled in public
elementary or secondary schools under the jurisdiction of
such agencies, and in nonpublic elementary or secondary
schools within the districts served by such agencies, during
the fiscal year for which the payments are to be made under
this part, is equal to--
``(A) at least 500; or
``(B) at least 3 percent of the total number of students
enrolled in such public or nonpublic schools during such
fiscal year,
whichever number is less.
``(c) Determinations of Number of Children and Youth.--
``(1) In general.--Determinations by the Secretary under
this section for any period with respect to the number of
immigrant children and youth shall be made on the basis of
data or estimates provided to the Secretary by each State
educational agency in accordance with criteria established by
the Secretary, unless the Secretary determines, after notice
and opportunity for a hearing to the affected State
educational agency, that such data or estimates are clearly
erroneous.
``(2) Special rule.--No such determination with respect to
the number of immigrant children and youth shall operate
because of an underestimate or overestimate to deprive any
State educational agency of the allocation under this section
that such State would otherwise have received had such
determination been made on the basis of accurate data.
``(d) Reallocation.--Whenever the Secretary determines that
any amount of a payment made to a State under this part for a
fiscal year will not be used by such State for carrying out
the purpose for which the payment was made, the Secretary
shall make such amount available for carrying out such
purpose to one or more other States to the extent the
Secretary determines that such other States will be able to
use such additional amount for carrying out such purpose. Any
amount made available to a State from any appropriation for a
fiscal year in accordance with the preceding sentence shall,
for purposes of this part, be regarded as part of such
State's payment (as determined under subsection (b)) for such
year, but shall remain available until the end of the
succeeding fiscal year.
``(e) Reservation of Funds.--
``(1) In general.--Notwithstanding any other provision of
this part, if the amount appropriated to carry out this part
exceeds $50,000,000 for a fiscal year, a State educational
agency may reserve not more than 20 percent of such agency's
payment under this part for such year to award grants, on a
competitive basis, to local educational agencies within the
State as follows:
``(A) At least one-half of such grants shall be made
available to eligible local educational agencies (as
described in subsection (b)(2)) within the State with the
highest numbers and percentages of immigrant children and
youth.
``(B) Funds reserved under this paragraph and not made
available under subparagraph (A) may be distributed to local
educational agencies within the State experiencing a sudden
influx of immigrant children and youth which are otherwise
not eligible for assistance under this part.
``(2) Use of grant funds.--Each local educational agency
receiving a grant under paragraph (1) shall use such grant
funds to carry out the activities described in section 7307.
``(3) Information.--Local educational agencies with the
highest number of immigrant children and youth receiving
funds under paragraph (1) may make information available on
serving immigrant children and youth to local educational
agencies in the State with sparse numbers of such children.
``SEC. 7305. STATE APPLICATIONS.
``(a) Submission.--No State educational agency shall
receive any payment under this part for any fiscal year
unless such agency submits an application to the Secretary at
such time, in such manner, and containing or accompanied by
such information, as the Secretary may reasonably require.
Each such application shall--
``(1) provide that the educational programs, services, and
activities for which payments under this part are made will
be administered by or under the supervision of the agency;
``(2) provide assurances that payments under this part will
be used for purposes set forth in sections 7301 and 7307,
including a description of how local educational agencies
receiving funds under this part will use such funds to meet
such purposes and will coordinate with other programs
assisted under this Act, the Goals 2000: Educate America Act,
and other Acts as appropriate;
``(3) provide an assurance that local educational agencies
receiving funds under this part will coordinate the use of
such funds with programs assisted under part A or title I;
``(4) provide assurances that such payments, with the
exception of payments reserved under section 7304(e), will be
distributed among local educational agencies within that
State on the basis of the number of immigrant children and
youth counted with respect to each such local educational
agency under section 7304(b)(1);
``(5) provide assurances that the State educational agency
will not finally disapprove in whole or in part any
application for funds received under this part without first
affording the local educational agency submitting an
application for such funds reasonable notice and opportunity
for a hearing;
``(6) provide for making such reports as the Secretary may
reasonably require to perform the Secretary's functions under
this part;
``(7) provide assurances--
``(A) that to the extent consistent with the number of
immigrant children and youth enrolled in the nonpublic
elementary or secondary schools within the district served by
a local educational agency, such agency, after consultation
with appropriate officials of such schools, shall provide for
the benefit of such children and youth secular, neutral, and
nonideological services, materials, and equipment necessary
for the education of such children and youth;
``(B) that the control of funds provided under this part to
any materials, equipment, and property repaired, remodeled,
or constructed with those funds shall be in a public agency
for the uses and purposes provided in this part, and a public
agency shall administer such funds and property; and
``(C) that the provision of services pursuant to this
paragraph shall be provided by employees of a public agency
or through contract by such public agency with a person,
association, agency, or corporation who or which, in the
provision of such services, is independent of such nonpublic
elementary or secondary school and of any religious
organization, and such employment or contract shall be under
the control and supervision of such public agency, and the
funds provided under this paragraph shall not be commingled
with State or local funds;
``(8) provide that funds reserved under subsection (e) of
section 7304 be awarded on a competitive basis based on merit
and need in accordance with such subsection; and
``(9) provide an assurance that State and local educational
agencies receiving funds under this part will comply with the
requirements of section 1120(b).
``(b) Application Review.--
``(1) In general.--The Secretary shall review all
applications submitted pursuant to this section by State
educational agencies.
``(2) Approval.--The Secretary shall approve any
application submitted by a State educational agency that
meets the requirements of this section.
``(3) Disapproval.--The Secretary shall disapprove any
application submitted by a State educational agency which
does not meet the requirements of this section, but shall not
finally disapprove an application except after providing
reasonable notice, technical assistance, and an opportunity
for a hearing to the State.
``SEC. 7306. ADMINISTRATIVE PROVISIONS.
``(a) Notification of Amount.--The Secretary, not later
than June 1 of each year, shall notify each State educational
agency that has an application approved under section 7305 of
the amount of such agency's allocation under section 7304 for
the succeeding year.
``(b) Services to Children Enrolled in Nonpublic Schools.--
If by reason of any provision of law a local educational
agency is prohibited from providing educational services for
children enrolled in elementary and secondary nonpublic
schools, as required by section 7305(a)(7), or if the
Secretary determines that a local educational agency has
substantially failed or is unwilling to provide for the
participation on an equitable basis of children enrolled in
such schools, the Secretary may waive such requirement and
shall arrange for the provision of services, subject to the
requirements of this part, to such children. Such waivers
shall be subject to consultation, withholding, notice, and
judicial review requirements in accordance with the
provisions of title I.
``SEC. 7307. USES OF FUNDS.
``(a) Use of Funds.--Funds awarded under this part shall be
used to pay for enhanced instructional opportunities for
immigrant children and youth, which may include--
``(1) family literacy, parent outreach, and training
activities designed to assist parents to become active
participants in the education of their children;
``(2) salaries of personnel, including teacher aides who
have been specifically trained, or are being trained, to
provide services to immigrant children and youth;
``(3) tutorials, mentoring, and academic or career
counseling for immigrant children and youth;
``(4) identification and acquisition of curricular
materials, educational software, and technologies to be used
in the program;
``(5) basic instructional services which are directly
attributable to the presence in the school district of
immigrant children, including the costs of providing
additional classroom supplies, overhead costs, costs of
construction, acquisition or rental of space, costs of
transportation, or such other costs as are directly
attributable to such additional basic instructional services;
and
[[Page 2156]]
``(6) such other activities, related to the purposes of
this part, as the Secretary may authorize.
``(b) Consortia.--A local educational agency that receives
a grant under this part may collaborate or form a consortium
with one or more local educational agencies, institutions of
higher education, and nonprofit organizations to carry out
the program described in an application approved under this
part.
``(c) Subgrants.--A local educational agency that receives
a grant under this part may, with the approval of the
Secretary, make a subgrant to, or enter into a contract with,
an institution of higher education, a nonprofit organization,
or a consortium of such entities to carry out a program
described in an application approved under this part,
including a program to serve out-of-school youth.
``(d) Construction.--Nothing in this part shall be
construed to prohibit a local educational agency from serving
immigrant children simultaneously with students with similar
educational needs, in the same educational settings where
appropriate.
``SEC. 7308. REPORTS.
``(a) Biennial Report.--Each State educational agency
receiving funds under this part shall submit, once every two
years, a report to the Secretary concerning the expenditure
of funds by local educational agencies under this part. Each
local educational agency receiving funds under this part
shall submit to the State educational agency such information
as may be necessary for such report.
``(b) Report to Congress.--The Secretary shall submit, once
every two years, a report to the appropriate committees of
the Congress concerning programs assisted under this part in
accordance with section 14701.
``SEC. 7309. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this part, there are
authorized to be appropriated $100,000,000 for fiscal year
1995 and such sums as may be necessary for each of the four
succeeding fiscal years.
``PART D--ADMINISTRATION
``SEC. 7401. RELEASE TIME.
``The Secretary shall allow professional development
programs funded under part A to use funds provided under part
A for professional release time to enable individuals to
participate in programs assisted under part A.
``SEC. 7402. EDUCATION TECHNOLOGY.
``Funds made available under part A may be used to provide
for the acquisition or development of education technology or
instructional materials, including authentic materials in
languages other than English, access to and participation in
electronic networks for materials, training and
communications, and incorporation of such resources in
curricula and programs such as those funded under this title.
``SEC. 7403. NOTIFICATION.
``The State educational agency, and when applicable, the
State board for postsecondary education, shall be notified
within three working days of the date an award under part A
is made to an eligible entity within the State.
``SEC. 7404. CONTINUED ELIGIBILITY.
``Entities receiving grants under this title shall remain
eligible for grants for subsequent activities which extend or
expand and do not duplicate those activities supported by a
previous grant under this title. In considering applications
for grants under this title, the Secretary shall take into
consideration the applicant's record of accomplishments under
previous grants under this title.
``SEC. 7405. COORDINATIONS AND REPORTING REQUIREMENTS.
``(a) Coordination With Related Programs.--In order to
maximize Federal efforts aimed at serving the educational
needs of children and youth of limited-English proficiency,
the Secretary shall coordinate and ensure close cooperation
with other programs serving language-minority and limited
English proficient students that are administered by the
Department and other agencies. The Secretary shall consult
with the Secretary of Labor, the Secretary of Health and
Human Services, the Secretary of Agriculture, the Attorney
General and the heads of other relevant agencies to identify
and eliminate barriers to appropriate coordination of
programs that affect language-minority and limited English
proficient students and their families. The Secretary shall
provide for continuing consultation and collaboration,
between the Office and relevant programs operated by the
Department, including programs under title I and other
programs under this Act, in planning, contracts, providing
joint technical assistance, providing joint field monitoring
activities and in other relevant activities to ensure
effective program coordination to provide high quality
education opportunities to all language-minority and limited
English proficient students.
``(b) Data.--The Secretary shall, to the extent feasible,
ensure that all data collected by the Department shall
include the collection and reporting of data on limited
English proficient students.
``(c) Publication of Proposals.--The Secretary shall
publish and disseminate all requests for proposals for
programs funded under part A.
``(d) Report.--The Director shall prepare and, not later
than February 1 of every other year, shall submit to the
Secretary and to the Committee on Labor and Human Resources
of the Senate and to the Committee on Education and Labor of
the House of Representatives a report on--
``(1) the activities carried out under this title and the
effectiveness of such activities in improving the education
provided to limited English proficient children and youth;
``(2) a critical synthesis of data reported by the States
pursuant to section 7134;
``(3) an estimate of the number of certified bilingual
education personnel in the field and an estimate of the
number of bilingual education teachers which will be needed
for the succeeding five fiscal years;
``(4) the major findings of research carried out under this
title; and
``(5) recommendations for further developing the capacity
of our Nation's schools to educate effectively limited
English proficient students.
``PART E--GENERAL PROVISIONS
``SEC. 7501. DEFINITIONS; REGULATIONS.
``Except as otherwise provided, for purposes of this
title--
``(1) Bilingual education program.--The term `bilingual
education program' means an educational program for limited
English proficient students that--
``(A) makes instructional use of both English and a
student's native language;
``(B) enables limited English proficient students to
achieve English proficiency and academic mastery of subject
matter content and higher order skills, including critical
thinking, so as to meet age-appropriate grade-promotion and
graduation standards in concert with the National Education
Goals;
``(C) may also develop the native language skills of
limited English proficient students, or ancestral languages
of American Indians, Alaska Natives, Native Hawaiians and
native residents of the outlying areas; and
``(D) may include the participation of English-proficient
students if such program is designed to enable all enrolled
students to become proficient in English and a second
language.
``(2) Children and youth.--The term `children and youth'
means individuals aged 3 through 21.
``(3) Community-based organization.--The term `community-
based organization' means a private nonprofit organization of
demonstrated effectiveness or Indian tribe or tribally
sanctioned educational authority which is representative of a
community or significant segments of a community and which
provides educational or related services to individuals in
the community. Such term includes Native Hawaiian
organizations including Native Hawaiian Educational
Organizations as such term is defined in section 4009 of the
Augustus F. Hawkins-Robert T. Stafford Elementary and
Secondary School Improvement Amendments of 1988 (20 U.S.C.
4901 et seq.), as such Act was in effect on the day preceding
the date of enactment of the Improving America's Schools Act
of 1994.
``(4) Community college.--The term `community college'
means an institution of higher education as defined in
section 1201(a) of the Higher Education Act of 1965 which
provides not less than a two-year program which is acceptable
for full credit toward a bachelor's degree, including
institutions receiving assistance under the Tribally
Controlled Community College Assistance Act of 1978.
``(5) Director.--The term `Director' means the Director of
the Office of Bilingual Education and Minority Languages
Affairs established under section 210 of the Department of
Education Organization Act.
``(6) Family education program.--(A) The term `family
education program' means a bilingual education or special
alternative instructional program that--
``(i) is designed--
``(I) to help limited English proficient adults and out-of-
school youths achieve proficiency in the English language;
and
``(II) to provide instruction on how parents and family
members can facilitate the educational achievement of their
children;
``(ii) when feasible, uses instructional programs such as
the models developed under the Even Start Family Literacy
Programs, which promote adult literacy and train parents to
support the educational growth of their children and the
Parents as Teachers Program and the Home Instruction Program
for Preschool Youngsters; and
``(iii) gives preference to participation by parents and
immediate family members of children attending school.
``(B) Such term may include programs that provide
instruction to facilitate higher education and employment
outcomes.
``(7) Immigrant children and youth.--The term `immigrant
children and youth' means individuals who--
``(A) are aged 3 through 21;
``(B) were not born in any State; and
``(C) have not been attending one or more schools in any
one or more States for more than three full academic years.
``(8) Limited english proficiency and limited English
proficient.--The terms `limited English proficiency' and
`limited English proficient', when used with reference to an
individual, mean an individual--
``(A) who--
``(i) was not born in the United States or whose native
language is a language other than English and comes from an
environment where a language other than English is dominant;
or
``(ii) is a Native American or Alaska Native or who is a
native resident of the outlying areas and comes from an
environment where a language other than English has had a
significant impact on such individual's level of English
language proficiency; or
``(iii) is migratory and whose native language is other
than English and comes from
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an environment where a language other than English is
dominant; and
``(B) who has sufficient difficulty speaking, reading,
writing, or understanding the English language and whose
difficulties may deny such individual the opportunity to
learn successfully in classrooms where the language of
instruction is English or to participate fully in our
society.
``(9) Native american and native american language.--The
terms `Native American' and `Native American language' shall
have the same meaning given such terms in section 103 of the
Native American Languages Act of 1990.
``(10) Native hawaiian or native american pacific islander
native language educational organization.--The term `Native
Hawaiian or Native American Pacific Islander native language
educational organization' means a nonprofit organization with
a majority of its governing board and employees consisting of
fluent speakers of the traditional Native American languages
used in their educational programs and with not less than
five years successful experience in providing educational
services in traditional Native American languages.
``(11) Native language.--The term `native language', when
used with reference to an individual of limited-English
proficiency, means the language normally used by such
individual, or in the case of a child or youth, the language
normally used by the parents of the child or youth.
``(12) Office.--The term `Office' means the Office of
Bilingual Education and Minority Languages Affairs.
``(13) Other programs for persons of limited-english
proficiency.--The term `other programs for persons of
limited-English proficiency' means any programs administered
by the Secretary that serve persons of limited-English
proficiency.
``(14) Paraprofessional.--The term `paraprofessional' means
an individual who is employed in preschool, elementary or
secondary school under the supervision of a certified or
licensed teacher, including individuals employed in bilingual
education, special education and migrant education.
``(15) Special alternative instructional program.--The term
`special alternative instructional program' means an
educational program for limited English proficient students
that--
``(A) utilizes specially designed English language
curricula and services but does not use the student's native
language for instructional purposes;
``(B) enables limited English proficient students to
achieve English proficiency and academic mastery of subject
matter content and higher order skills, including critical
thinking so as to meet age-appropriate grade-promotion and
graduation standards in concert with the National Education
Goals; and
``(C) is particularly appropriate for schools where the
diversity of the limited English proficient students' native
languages and the small number of students speaking each
respective language makes bilingual education impractical and
where there is a critical shortage of bilingual education
teachers.
``SEC. 7502. REGULATIONS AND NOTIFICATION.
``(a) Regulation Rule.--In developing regulations under
this title, the Secretary shall consult with State and local
educational agencies, organizations representing limited
English proficient individuals, and organizations
representing teachers and other personnel involved in
bilingual education.
``(b) Parental Notification.--
``(1) In general.--Parents of children and youth
participating in programs assisted under part A shall be
informed of--
``(A) a student's level of English proficiency, how such
level was assessed, the status of a student's academic
achievement and the implications of a student's educational
strengths and needs for age and grade appropriate academic
attainment, promotion, and graduation;
``(B) what programs are available to meet the student's
educational strengths and needs and how the programs differ
in content and instructional goals, and in the case of a
student with a disability, how the program meets the
objectives of a student's individualized education program;
and
``(C) the instructional goals of the bilingual education or
special alternative instructional program, and how the
program will specifically help the limited English proficient
student acquire English and meet age-appropriate standards
for grade-promotion and graduation, including--
``(i) the benefits, nature, and past academic results of
the bilingual educational program and of the instructional
alternatives; and
``(ii) the reasons for the selection of their child as
being in need of bilingual education.
``(2) Option to decline.--(A) Such parents shall also be
informed that such parents have the option of declining
enrollment of their children and youth in such programs and
shall be given an opportunity to so decline if such parents
so choose.
``(B) A local educational agency shall not be relieved of
any of its obligations under title VI of the Civil Rights Act
of 1964 because parents choose not to enroll their children
in bilingual education programs.
``(3) Receipt of information.--Such parents shall receive,
in a manner and form understandable to such parents,
including, if necessary and to the extent feasible, in the
native language of such parents, the information required by
this subsection. At a minimum, such parents shall receive--
``(A) timely information about projects funded under part
A; and
``(B) if the parents of participating children so desire,
notice of opportunities for regular meetings for the purpose
of formulating and responding to recommendations from such
parents.
``(4) Special rule.--Students shall not be admitted to or
excluded from any federally assisted education program merely
on the basis of a surname or language-minority status.
``TITLE VIII--IMPACT AID
``SEC. 8001. PURPOSE.
``In order to fulfill the Federal responsibility to assist
with the provision of educational services to federally
connected children, because certain activities of the Federal
Government place a financial burden on the local educational
agencies serving areas where such activities are carried out,
and to help such children meet challenging State standards,
it is the purpose of this title to provide financial
assistance to local educational agencies that--
``(1) experience a substantial and continuing financial
burden due to the acquisition of real property by the United
States;
``(2) educate children who reside on Federal property and
whose parents are employed on Federal property;
``(3) educate children of parents who are in the military
services and children who live in low-rent housing;
``(4) educate heavy concentrations of children whose
parents are civilian employees of the Federal Government and
do not reside on Federal property;
``(5) experience sudden and substantial increases or
decreases in enrollments because of military realignments; or
``(6) need special assistance with capital expenditures for
construction activities because of the enrollments of
substantial numbers of children who reside on Federal lands.
``SEC. 8002. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL
PROPERTY.
``(a) In General.--Where the Secretary, after consultation
with any local educational agency and with the appropriate
State educational agency, determines for a fiscal year ending
prior to October 1, 1999--
``(1) that the United States owns Federal property in the
local educational agency, and that such property--
``(A) has been acquired by the United States since 1938;
``(B) was not acquired by exchange for other Federal
property in the local educational agency which the United
States owned before 1939; and
``(C) had an assessed value (determined as of the time or
times when so acquired) aggregating 10 percent or more of the
assessed value of--
``(i) all real property in the local educational agency
(similarly determined as of the time or times when such
Federal property was so acquired); or
``(ii) all real property in the local educational agency as
assessed in the first year preceding or succeeding
acquisition, whichever is greater, only if--
``(I) the assessment of all real property in the local
educational agency is not made at the same time or times that
such Federal property was so acquired and assessed; and
``(II) State law requires an assessment be made of property
so acquired; and
``(2) that such agency is not being substantially
compensated for the loss in revenue resulting from such
ownership by increases in revenue accruing to the agency from
the conduct of Federal activities with respect to such
Federal property,
then such agency shall be eligible to receive the amount
described in subsection (b).
``(b) Amount.--
``(1) In general.--(A)(i) The amount that a local
educational agency shall be paid under subsection (a) for a
fiscal year shall be calculated in accordance with paragraph
(2), except that such amount shall be reduced by the
Secretary by an amount equal to the amount of revenue, if
any, that such agency received during the previous fiscal
year from activities conducted on such Federal property.
``(ii) For purposes of clause (i), the amount of revenue
that a local educational agency receives during the previous
fiscal year from activities conducted on Federal property
shall not include payments received by the agency from the
Secretary of Defense to support--
``(I) the operation of a domestic dependent elementary or
secondary school; or
``(II) the provision of a free public education to
dependents of members of the Armed Forces residing on or near
a military installation.
``(B) If funds appropriated under section 8014(a) are
insufficient to pay the amount determined under subparagraph
(A), the Secretary shall ratably reduce the payment to each
eligible local educational agency.
``(C) Notwithstanding any other provision of this
subsection, a local educational agency may not be paid an
amount under this section that, when added to the amount such
agency receives under section 8003(b), exceeds the maximum
amount that such agency is eligible to receive for such
fiscal year under section 8003(b)(1)(C).
``(2) Application of current levied real property tax
rate.--In calculating the amount that a local educational
agency is eligible to receive for a fiscal year, the
Secretary shall apply the current levied real property tax
rate for current expenditures levied by fiscally independent
local educational agencies, or imputed for fiscally dependent
local educational agencies, to the
[[Page 2158]]
current annually determined aggregate assessed value of such
acquired Federal property.
``(3) Determination of aggregate assessed value.--Such
aggregate assessed value of such acquired Federal property
shall be determined on the basis of the highest and best use
of property adjacent to such acquired Federal property as of
the time such value is determined, and provided to the
Secretary, by the local official responsible for assessing
the value of real property located in the jurisdiction of
such local educational agency for the purpose of levying a
property tax.
``(c) Applicability to Tennessee Valley Authority Act.--For
the purpose of this section, any real property with respect
to which payments are being made under section 13 of the
Tennessee Valley Authority Act of 1933 shall not be regarded
as Federal property.
``(d) Ownership by United States.--The United States shall
be deemed to own Federal property for the purposes of this
Act, where--
``(1) prior to the transfer of Federal property, the United
States owned Federal property meeting the requirements of
subparagraphs (A), (B), and (C) of subsection (a)(1); and
``(2) the United States transfers a portion of the property
referred to in paragraph (1) to another nontaxable entity,
and the United States--
``(A) restricts some or any construction on such property;
``(B) requires that the property be used in perpetuity for
the public purposes for which the property was conveyed;
``(C) requires the grantee of the property to report to the
Federal Government (or its agent) regarding information on
the use of the property;
``(D) except with the approval of the Federal Government
(or its agent), prohibits the sale, lease, assignment, or
other disposal of the property unless such sale, lease,
assignment, or other disposal is to another eligible
government agency; and
``(E) reserves to the Federal Government a right of
reversion at any time the Federal Government (or its agent)
deems it necessary for the national defense.
``(e) Local Educational Agency Containing Forest Service
Land and Serving Certain Counties.--Beginning with fiscal
year 1995, a local educational agency shall be deemed to meet
the requirements of subsection (a)(1)(C) if such local
educational agency meets the following requirements:
``(1) Acreage and acquisition by the forest service.--The
local educational agency serves a school district that
contains between 20,000 and 60,000 acres of land that has
been acquired by the Forest Service of the Department of
Agriculture between 1915 and 1990, as demonstrated by written
evidence from the Forest Service satisfactory to the
Secretary.
``(2) County charter.--The local educational agency serves
a county chartered under State law in 1875 or 1890.
``(f) Special Rule.--Beginning with fiscal year 1994, and
notwithstanding any other provision of law limiting the
period during which fiscal year 1994 funds may be obligated,
the Secretary shall treat the local educational agency
serving the Wheatland R-II School District, Wheatland,
Missouri, as meeting the eligibility requirements of section
2(a)(1)(C) of the Act of September 30, 1950 (Public Law 874,
81st Congress) (as such section was in effect on the day
preceding the date of enactment of the Improving America's
Schools Act of 1994) (20 U.S.C. 237(a)(1)(C)) or subsection
(a)(1)(C).
``SEC. 8003. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED
CHILDREN.
``(a) Computation of Payment.--
``(1) In general.--For the purpose of computing the amount
that a local educational agency is eligible to receive under
subsection (b), (d), or (f) for any fiscal year, the
Secretary shall determine the number of children who were in
average daily attendance in the schools of such agency, and
for whom such agency provided free public education, during
the preceding school year and who, while in attendance at
such schools--
``(A)(i) resided on Federal property with a parent employed
on Federal property situated in whole or in part within the
boundaries of the school district of such agency; or
``(ii) resided on Federal property with a parent who is an
official of, and accredited by, a foreign government and is a
foreign military officer;
``(B) resided on Federal property and had a parent on
active duty in the uniformed services (as defined in section
101 of title 37, United States Code);
``(C) resided on Indian lands;
``(D)(i) had a parent on active duty in the uniformed
services (as defined by section 101 of title 37, United
States Code) but did not reside on Federal property; or
``(ii) had a parent who is an official of, and has been
accredited by, a foreign government and is a foreign military
officer but did not reside on Federal property;
``(E) resided in low-rent housing;
``(F) resided on Federal property and is not described in
subparagraph (A) or (B); or
``(G) resided with a parent employed on Federal property
situated--
``(i) in whole or in part in the county in which such
agency is located, or in whole or in part in such agency if
such agency is located in more than one county; or
``(ii) if not in such county, in whole or in part in the
same State as such agency.
``(2) Determination of weighted student units.--For the
purpose of computing the basic support payment under
subsection (b), the Secretary shall calculate the total
number of weighted student units for a local educational
agency by adding together the results obtained by the
following computations:
``(A) Multiply the number of children described in
subparagraphs (A) and (B) of paragraph (1) by a factor of
1.0.
``(B) Multiply the number of children described in
paragraph (1)(C) by a factor of 1.25.
``(C) Multiply the number of children described in
subparagraphs (A) and (B) of paragraph (1) by a factor of .35
if the local educational agency has--
``(i) a number of such children described in such
subparagraphs which exceeds 6,500; and
``(ii) an average daily attendance for all children which
exceeds 100,000.
``(D) Multiply the number of children described in
subparagraphs (D) and (E) of paragraph (1) by a factor of
.10.
``(E) Multiply the number of children described in
subparagraphs (F) and (G) of paragraph (1) by a factor of
.05.
``(3) Special rule.--The Secretary shall only compute a
payment for a local educational agency for children described
in subparagraph (F) or (G) of paragraph (1) if the number of
such children equals or exceeds 2,000 and such number equals
or exceeds 15 percent of the total number of students in
average daily attendance in the schools of such agency.
``(b) Basic Support Payments and Payments With Respect to
Fiscal Years in Which Insufficient Funds Are Appropriated.--
``(1) Basic support payments.--
``(A) In general.--From the amount appropriated under
section 8014(b) for a fiscal year, the Secretary is
authorized to make basic support payments to eligible local
educational agencies with children described in subsection
(a).
``(B) Eligibility.--A local educational agency is eligible
to receive a basic support payment under subparagraph (A) for
a fiscal year with respect to a number of children determined
under subsection (a)(1) only if the number of children so
determined with respect to such agency amounts to the lesser
of--
``(i) at least 400 such children; or
``(ii) a number of such children which equals at least 3
percent of the total number of children who were in average
daily attendance, during such year, at the schools of such
agency and for whom such agency provided free public
education.
``(C) Maximum amount.--The maximum amount that a local
educational agency is eligible to receive under this
subsection for any fiscal year is the sum of the total
weighted student units, as computed under subsection (a)(2),
multiplied by the greater of--
``(i) one-half of the average per-pupil expenditure of the
State in which the local educational agency is located for
the third fiscal year preceding the fiscal year for which the
determination is made;
``(ii) one-half of the average per-pupil expenditure of all
of the States for the third fiscal year preceding the fiscal
year for which the determination is made;
``(iii) the comparable local contribution rate certified by
the State, as determined under regulations prescribed to
carry out the Act of September 30, 1950 (Public Law 874, 81st
Congress), as such regulations were in effect on January 1,
1994; or
``(iv) the average per-pupil expenditure of the State in
which the local educational agency is located, multiplied by
the local contribution percentage.
``(2) Payments with respect to fiscal years in which
insufficient funds are appropriated.--
``(A) In general.--For any fiscal year in which the sums
appropriated under section 8014(b) are insufficient to pay to
each local educational agency the full amount computed under
paragraph (1), the Secretary shall make payments in
accordance with this paragraph.
``(B) Learning opportunity threshold payments.--(i) For
fiscal years described in subparagraph (A), the Secretary
shall compute a learning opportunity threshold payment
(hereafter in this title referred to as the `threshold
payment') by multiplying the amount obtained under paragraph
(1)(C) by the total percentage obtained by adding--
``(I) the percentage of federally connected children for
each local educational agency determined by calculating the
fraction, the numerator of which is the total number of
children described under subsection (a)(1) and the
denominator of which is the total number of children in
average daily attendance at the schools served by such
agency; and
``(II) the percentage that funds under paragraph (1)(C)
represent of the total budget of the local educational
agency, determined by calculating the fraction, the numerator
of which is the total amount of funds calculated for each
local educational agency under this paragraph (not including
amounts received under subsection (f)), and the denominator
of which is the total current expenditures for such agency in
the second preceding fiscal year for which the determination
is made.
``(ii) Such total percentage used to calculate threshold
payments under paragraph (1) shall not exceed 100.
``(iii) For the purpose of determining the percentages
described in subclauses (I) and (II) of clause (i) that are
applicable to the local educational agency providing free
public education to students in grades 9 through 12 residing
on Hanscom Air Force Base, Mas-
[[Page 2159]]
sachusetts, the Secretary shall consider only that portion of
such agency's total enrollment of students in grades 9
through 12 when calculating the percentage under such
subclause (I) and only that portion of the total current
expenditures attributed to the operation of grades 9 through
12 in such agency when calculating the percentage under
subclause (II).
``(C) Ratable distribution.--For fiscal years described in
subparagraph (A), the Secretary shall make payments as a
ratable distribution based upon the computation made under
subparagraph (B).
``(c) Prior Year Data.--
``(1) In general.--Except as provided in paragraph (2) and
subsection (f), all calculations under this section shall be
based on data for each local educational agency from not
later than the fiscal year preceding the fiscal year for
which the agency is making application for payment.
``(2) Exception.--Calculations for a local educational
agency that is newly established by a State shall, for the
first year of operation of such agency, be based on data from
the fiscal year for which the agency is making application
for payment.
``(d) Children With Disabilities.--
``(1) In general.--From the amount appropriated under
section 8014(c) for a fiscal year, the Secretary shall pay to
each eligible local educational agency, on a pro rata basis,
the amounts determined by--
``(A) multiplying the number of children described in
subparagraphs (A)(ii), (B) and (C) of subsection (a)(1) who
are eligible to receive services under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.) by a
factor of 1.0; and
``(B) multiplying the number of children described in
subparagraph (D) of subsection (a)(1) who are eligible to
receive services under such Act by a factor of 0.5.
``(2) Use of funds.--A local educational agency that
receives funds under paragraph (1) shall use such funds to
provide a free appropriate public education to children
described in paragraph (1) in accordance with the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.).
``(e) Hold-Harmless Amounts.--
``(1) In general.--(A) Except as provided in paragraph
(4)(A), the total amount that the Secretary shall pay a local
educational agency under subsection (b) shall not be less
than 85 percent of the amount such agency received for the
preceding fiscal year--
``(i) in the case of fiscal year 1995 only, under
subsections (a) and (b) of section 3 of the Act of September
30, 1950 (Public Law 874, 81st Congress) (as such section was
in effect on the day preceding the date of enactment of the
Improving America's Schools Act of 1994); or
``(ii) in the case of fiscal years 1996, 1997, 1998, or
1999, under such subsection (b).
``(B) For fiscal year 1995 only, the Secretary shall pay,
to each local educational agency that is not eligible for a
payment under subsection (b) but that received a payment
under section 3 of the Act of September 30, 1950 (Public Law
874, 81st Congress) (as such Act was in effect on the day
preceding the date of enactment of the Improving America's
Schools Act of 1994) for fiscal year 1994, an amount which is
not less than 85 percent of the payment such agency received
under such section 3 for fiscal year 1994.
``(2) Two-year applicability.--Paragraph (1)(A) shall apply
to any one local educational agency for a maximum of two
consecutive fiscal years.
``(3) Phase-out payment.--A local educational agency which
received a payment under section 3(e) of the Act of September
30, 1950 (Public Law 874, 81st Congress) (as such section was
in effect on the day preceding the date of enactment of the
Improving America's Schools Act of 1994) for fiscal year 1994
is eligible to receive a payment, under subsection (b) for
fiscal year 1995, in an amount which is not less than 85
percent of the amount received by such agency in fiscal year
1994 under such section 3(e).
``(4) Ratable reductions.--(A)(i) If necessary in order to
make payments to local educational agencies in accordance
with paragraphs (1) and (2), the Secretary first shall
ratably reduce payments under subsection (b) to local
educational agencies that do not receive a payment under this
subsection.
``(ii) If additional funds become available for making
payments under subsection (b) for such fiscal year, payments
that were reduced under clause (i) shall be increased on the
same basis as such payments were reduced.
``(B)(i) If the sums made available under this title for
any fiscal year are insufficient to pay the full amounts that
all local educational agencies in all States are eligible to
receive under paragraphs (1) and (2) after the application of
subparagraph (A) for such year, the Secretary shall ratably
reduce payments to all such agencies for such year.
``(ii) If additional funds become available for making
payments under paragraphs (1) and (2) for such fiscal year,
payments that were reduced under clause (i) shall be
increased on the same basis as such payments were reduced.
``(f) Additional Assistance for Heavily Impacted Local
Educational Agencies.--
``(1) Reservation.--From amounts appropriated under section
8014(b) for a fiscal year, the Secretary shall provide
additional assistance to meet special circumstances relating
to the provision of education in local educational agencies
eligible to receive assistance under this section.
``(2) Eligibility.--(A) A local educational agency is
eligible to receive additional assistance under this
subsection only if such agency--
``(i)(I) has an enrollment of federally connected children
described in subsection (a)(1) which constitutes a percentage
of the total student enrollment of such agency which is not
less than 50 percent if such agency receives a payment on
behalf of children described in subparagraphs (F) and (G) of
such subsection, or not less than 40 percent if such agency
does not receive a payment on behalf of such children; and
``(II) has a tax rate for general fund purposes which is at
least 95 percent of the average tax rate for general fund
purposes of comparable local educational agencies in the
State;
``(ii)(I) has an enrollment of federally connected children
described in subsection (a)(1) which constitutes at least 35
percent of the total student enrollment of such agency; and
``(II) has a tax rate for general fund purposes which is at
least 125 percent of the average tax rate for general fund
purposes of comparable local educational agencies in the
State; or
``(iii) is a local educational agency whose boundaries are
the same as a Federal military installation.
``(B) If the current expenditures in those local
educational agencies which the Secretary has determined to be
generally comparable to the local educational agency for
which a computation is made under subsection (b)(1)(C) are
not reasonably comparable because of unusual geographical
factors which affect the current expenditures necessary to
maintain, in such agency, a level of education equivalent to
that maintained in such other agencies, then the Secretary
shall increase the local contribution rate for such agency by
such an amount which the Secretary determines will compensate
such agency for the increase in current expenditures
necessitated by such unusual geographical factors. The amount
of any such supplementary payment may not exceed the per-
pupil share (computed with regard to all children in average
daily attendance), as determined by the Secretary, of the
increased current expenditures necessitated by such unusual
geographic factors.
``(C) Any local educational agency determined eligible
under clause (iii) of subparagraph (A) shall be deemed to
have met the tax effort requirements for eligibility under
clause (i)(II) or (ii)(II) of such subparagraph.
``(3) Maximum payments.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall determine the maximum amount that a local
educational agency may receive under this subsection in
accordance with the following computations:
``(i) The Secretary shall first determine the greater of--
``(I) the average per-pupil expenditure of the State in
which the local educational agency is located or the average
per-pupil expenditure of all the States;
``(II) the average per-pupil expenditure of generally
comparable local educational agencies located in the State of
the local educational agency, as defined in regulations
issued by the Secretary; or
``(III) the average per-pupil expenditure of three
generally comparable local educational agencies located in
the State of the local educational agency, as defined in
regulations issued by the Secretary.
``(ii) The Secretary shall next subtract from the amount
determined under clause (i) the average amount of State aid
per pupil received by the local educational agency.
``(iii) The Secretary shall next multiply the amount
determined under clause (ii) by the total number of students
in average daily attendance at the schools of the local
educational agency as determined by the Secretary under
subsection (a)(1).
``(iv) If the tax rate used by the local educational agency
is greater than 95 percent, but less than 100 percent, of the
tax rate of comparable local educational agencies, the
Secretary shall next multiply the amount determined under
clause (iii) by the percentage that the tax rate of the local
educational agency is of--
``(I) the average tax rate of its generally comparable
local educational agencies; or
``(II) the average tax rate of all the local educational
agencies in the State in which the local educational agency
is located.
``(v) The Secretary shall next subtract the total amount of
payments received by a local educational agency under
subsections (b) and (d) for a fiscal year from the amount
determined under clause (iii) or clause (iv), as the case may
be.
``(B) Special rule.--With respect to payments under this
subsection for a local educational agency described in clause
(ii) or (iii) of paragraph (2)(A), the maximum amount of such
payments shall be computed by taking the product of the
average per-pupil expenditure in all States multiplied by
0.7, except that such amount may not exceed 125 percent of
the average per-pupil expenditure in all local educational
agencies in the State.
``(4) Current year data.--The Secretary shall, for purposes
of providing assistance under this subsection, use--
``(A) student and revenue data from the fiscal year for
which the local educational agency is applying for assistance
under this subsection; and
``(B) the most recent data available which is adjusted to
such fiscal year.
``(5) Reduction in payments.--If funds appropriated to
carry out this subsection are insufficient to pay in full the
amounts determined under paragraph (3), the Secretary
[[Page 2160]]
shall ratably reduce the payment to each eligible local
educational agency.
``(g) Additional Payments for Local Educational Agencies
With High Concentrations of Children With Severe
Disabilities.--
``(1) In general.--If any local educational agency receives
Federal funds from sources other than this title to carry out
the purposes of this title for any fiscal year due to the
enrollment of children described under subsection (a), then
the Secretary shall consider such funds as a payment to such
agency under this part for such fiscal year.
``(2) Special rule.--Notwithstanding any other provision of
law, if funds appropriated pursuant to section 8014(b) for
payments under subsection (b) to such agency for a fiscal
year which, when added to the funds described in paragraph
(1) received by such agency for such fiscal year, exceed the
maximum amount described under subsection (b)(1)(C), then the
Secretary shall make available from the funds appropriated
under section 8014(b) for such fiscal year such excess
amounts to any local educational agency serving two or more
children described under subparagraph (B) or (D) of
subsection (a)(1) who have a severe disability and a parent
serving in the uniformed services (as defined by section 101
of title 37, United States Code) who is assigned to a
particular permanent duty station for compassionate reasons
(compassionate post assignment) for the total costs
associated with such children who are provided an educational
program provided outside the schools of such agency.
``(3) Remaining funds.--If funds remain after payments are
made under paragraph (2) for any fiscal year, then such
remaining funds shall be made available for expenditures
under subsection (d) in such fiscal year on a pro rata basis
consistent with the requirements of such subsection.
``(4) Ratable reductions.--If amounts available to carry
out paragraph (2) for any fiscal year are insufficient to pay
in full the total payment that all eligible local educational
agencies are eligible to receive under such paragraph for
such year, then the Secretary shall ratably reduce such
payments to such agencies for such year.
``(h) Other Funds.--Notwithstanding any other provision of
law, a local educational agency receiving funds under this
section may also receive funds under section 6 of the Act of
September 30, 1950 (Public Law 874, 81st Congress) (as such
section was in effect on the day preceding the date of
enactment of the Improving America's Schools Act of 1994) or
such section's successor authority.
``(i) Maintenance of Effort.--A local educational agency
may receive funds under sections 8002 and 8003(b) for any
fiscal year only if the State educational agency finds that
either the combined fiscal effort per student or the
aggregate expenditures of that agency and the State with
respect to the provision of free public education by that
agency for the preceding fiscal year was not less than 90
percent of such combined fiscal effort or aggregate
expenditures for the second preceding fiscal year.
``SEC. 8004. POLICIES AND PROCEDURES RELATING TO CHILDREN
RESIDING ON INDIAN LANDS.
``(a) In General.--A local educational agency that claims
children residing on Indian lands for the purpose of
receiving funds under section 8003 shall establish policies
and procedures to ensure that--
``(1) such children participate in programs and activities
supported by such funds on an equal basis with all other
children;
``(2) parents of such children and Indian tribes are
afforded an opportunity to present their views on such
programs and activities, including an opportunity to make
recommendations on the needs of those children and how the
local educational agency may help such children realize the
benefits of such programs and activities;
``(3) parents and Indian tribes are consulted and involved
in planning and developing such programs and activities;
``(4) relevant applications, evaluations, and program plans
are disseminated to the parents and Indian tribes; and
``(5) parents and Indian tribes are afforded an opportunity
to present their views to such agency regarding such agency's
general educational program.
``(b) Records.--A local educational agency that claims
children residing on Indian lands for the purpose of
receiving funds under section 8003 shall maintain records
demonstrating such agency's compliance with the requirements
contained in subsection (a).
``(c) Waiver.--A local educational agency that claims
children residing on Indian lands for the purpose of
receiving funds under section 8003 shall not be required to
comply with the requirements of subsections (a) and (b) for
any fiscal year with respect to any Indian tribe from which
such agency has received a written statement that the agency
need not comply with those subsections because the tribe is
satisfied with the provision of educational services by such
agency to such children.
``(d) Technical Assistance and Enforcement.--The Secretary
shall--
``(1) provide technical assistance to local educational
agencies, parents, and Indian tribes to enable such agencies,
parents, and tribes to carry out this section; and
``(2) enforce this section through such actions, which may
include the withholding of funds, as the Secretary determines
to be appropriate, after affording the affected local
educational agency, parents, and Indian tribe an opportunity
to present their views.
``(e) Complaints.--
``(1) In general.--(A) Any tribe, or its designee, which
has students in attendance at a local educational agency may,
in its discretion and without regard to the requirements of
any other provision of law, file a written complaint with the
Secretary regarding any action of a local educational agency
taken pursuant to, or relevant to, the requirements of this
section.
``(B) Within ten working days from receipt of a complaint,
the Secretary shall--
``(i) designate a time and place for a hearing into the
matters relating to the complaint at a location in close
proximity to the local educational agency involved, or if the
Secretary determines there is good cause, at some other
location convenient to both the tribe, or its designee, and
the local educational agency;
``(ii) designate a hearing examiner to conduct the hearing;
and
``(iii) notify the affected tribe or tribes and the local
educational agency involved of the time, place, and nature of
the hearing and send copies of the complaint to the local
educational agency and the affected tribe or tribes.
``(2) Hearing.--The hearing shall be held within 30 days of
the designation of a hearing examiner and shall be open to
the public. A record of the proceedings shall be established
and maintained.
``(3) Evidence; recommendations; cost.--The complaining
tribe, or its designee, and the local educational agency
shall be entitled to present evidence on matters relevant to
the complaint and to make recommendations concerning the
appropriate remedial actions. Each party to the hearing shall
bear only its own costs in the proceedings.
``(4) Findings and recommendations.--Within 30 days of the
completion of the hearing, the hearing examiner shall, on the
basis of the record, make written findings of fact and
recommendations concerning appropriate remedial action, if
any, which should be taken. The hearing examiner's findings
and recommendations, along with the hearing record, shall be
forwarded to the Secretary.
``(5) Written determination.--Within 30 days of the
Secretary's receipt of the findings, recommendations, and
record, the Secretary shall, on the basis of the record, make
a written determination of the appropriate remedial action,
if any, to be taken by the local educational agency, the
schedule for completion of the remedial action, and the
reasons for the Secretary's decision.
``(6) Copies provided.--Upon completion of the Secretary's
final determination, the Secretary shall provide the
complaining tribe, or its designee, and the local educational
agency with copies of the hearing record, the hearing
examiner's findings and recommendations, and the Secretary's
final determination. The final determination of the Secretary
shall be subject to judicial review.
``(7) Consolidation.--In all actions under this subsection,
the Secretary shall have discretion to consolidate complaints
involving the same tribe or local educational agency.
``(8) Withholding.--If the local educational agency rejects
the determination of the Secretary, or if the remedy required
is not undertaken within the time established and the
Secretary determines that an extension of the time
established will not effectively encourage the remedy
required, the Secretary shall withhold payment of all moneys
to which such local agency is eligible under section 8003
until such time as the remedy required is undertaken, except
where the complaining tribe or its designee formally requests
that such funds be released to the local educational agency,
except that the Secretary may not withhold such moneys during
the course of the school year if the Secretary determines
that such withholding would substantially disrupt the
educational programs of the local educational agency.
``(9) Rejection of determination.--If the local educational
agency rejects the determination of the Secretary and a tribe
exercises the option under section 1101(d) of the Education
Amendments of 1978, to have education services provided
either directly by the Bureau of Indian Affairs or by
contract with the Bureau of Indian Affairs, any Indian
students affiliated with that tribe who wish to remain in
attendance at the local educational agency against whom the
complaint which led to the tribal action under such
subsection (d) was lodged may be counted with respect to that
local educational agency for the purpose of receiving funds
under section 8003. In such event, funds under such section
shall not be withheld pursuant to paragraph (8) and no
further complaints with respect to such students may be filed
under paragraph (1).
``(f) Construction.--This section is based upon the special
relationship between the Indian nations and the United States
and nothing in this section shall be construed to relieve any
State of any duty with respect to any citizens of that State.
``SEC. 8005. APPLICATION FOR PAYMENTS UNDER SECTIONS 8002 AND
8003.
``(a) In General.--A local educational agency desiring to
receive a payment under section 8002 or 8003 shall--
``(1) submit an application for such payment to the
Secretary; and
``(2) provide a copy of such application to the State
educational agency.
``(b) Contents.--Each such application shall be submitted
in such form and manner, and shall contain such information,
as the Secretary may require, including--
``(1) information to determine the eligibility of the local
educational agency for a payment and the amount of such
payment; and
[[Page 2161]]
``(2) where applicable, an assurance that such agency is in
compliance with section 8004 (relating to children residing
on Indian lands).
``(c) Deadline for Submission.--The Secretary shall
establish deadlines for the submission of applications under
this section.
``(d) Approval.--
``(1) In general.--The Secretary shall approve an
application submitted under this section that--
``(A) except as provided in paragraph (2), is filed by the
deadline established under subsection (c); and
``(B) otherwise meets the requirements of this title.
``(2) Reduction in payment.--The Secretary shall approve an
application filed not more than 60 days after a deadline
established under subsection (c) that otherwise meets the
requirements of this title, except that, notwithstanding
section 8003(e), the Secretary shall reduce the payment based
on such late application by 10 percent of the amount that
would otherwise be paid.
``(3) Late applications.--The Secretary shall not accept or
approve any application that is filed more than 60 days after
a deadline established under subsection (c).
``(4) State application authority.--Notwithstanding any
other provision of law, a State educational agency that had
been accepted as an applicant for funds under section 3 of
the Act of September 30, 1950 (Public Law 874, 81st Congress)
(as such section was in effect on the day preceding the date
of enactment of the Improving America's Schools Act of 1994)
in fiscal year 1994 shall be permitted to continue as an
applicant under the same conditions by which such agency made
application during such fiscal year only if such State
educational agency distributes all funds received for the
students for which application is being made by such State
educational agency to the local educational agencies
providing educational services to such students.
``SEC. 8006. PAYMENTS FOR SUDDEN AND SUBSTANTIAL INCREASES IN
ATTENDANCE OF MILITARY DEPENDENTS.
``(a) Eligibility.--A local educational agency is eligible
for a payment under this section if--
``(1) the number of children in average daily attendance
during the school year for which the determination is made is
at least 10 percent or 100 more than the number of children
in average daily attendance in the school year preceding the
school year for which the determination is made; and
``(2) the number of children in average daily attendance
with a parent on active duty (as defined in section 101(18)
of title 37, United States Code) in the Armed Forces who are
in attendance at such agency because of the assignment of
their parent to a new duty station between May 15 and
September 30, inclusive, of the fiscal year for which the
determination is made, as certified by an appropriate local
official of the Department of Defense, is at least 10 percent
or 100 more than the number of children in average daily
attendance in the preceding school year.
``(b) Application.--A local educational agency that wishes
to receive a payment under this section shall file an
application with the Secretary by October 15 of the school
year for which payment is requested, in such manner and
containing such information as the Secretary may prescribe,
including information demonstrating that such agency is
eligible for such a payment.
``(c) Children To Be Counted.--For each eligible local
educational agency that applies for a payment under this
section, the Secretary shall determine the lesser of--
``(1) the increase in the number of children in average
daily attendance from the school year preceding the fiscal
year for which the determination is made; and
``(2) the number of children described in subsection
(a)(2).
``(d) Payments.--
``(1) In general.--Except as provided in paragraph (2),
from the amount appropriated for a fiscal year under section
8014(d), the Secretary shall pay each local educational
agency with an approved application an amount equal to one-
half of the national average per-pupil expenditure multiplied
by the number of such children determined under subsection
(c) for that local educational agency.
``(2) Ratable reduction.--(A) If the amount appropriated to
carry out this section for any fiscal year is insufficient to
pay the full payment that all eligible local educational
agencies are eligible to receive under this section for such
year, then the Secretary shall ratably reduce the payments to
such agencies for such year.
``(B) If additional funds become available for making
payments under paragraph (1) for such fiscal year, payments
that were reduced under subparagraph (A) shall be increased
on the same basis as such payments were reduced.
``(e) Notification Process.--
``(1) Establishment.--The Secretary shall establish, with
the Secretary of Defense, a notification process relating to
the closure of Department of Defense facilities, or the
adjustment of personnel levels assigned to such facilities,
which may substantially affect the student enrollment levels
of local educational agencies which receive or may receive
payments under this title.
``(2) Information.--Such process shall provide timely
information regarding such closures and such adjustments--
``(A) by the Secretary of Defense to the Secretary; and
``(B) by the Secretary to the affected local educational
agencies.
``SEC. 8007. CONSTRUCTION.
``(a) Payments Authorized.--From the amount appropriated
for each fiscal year under section 8014(e), the Secretary
shall make payments to each local educational agency--
``(1) that receives a basic payment under section 8003(b);
and
``(2)(A) in which the number of children determined under
section 8003(a)(1)(C) constituted at least 50 percent of the
number of children who were in average daily attendance in
the schools of such agency during the preceding school year;
``(B) in which the number of children determined under
subparagraphs (B) and (D)(i) of section 8003(a)(1)
constituted at least 50 percent of the number of children who
were in average daily attendance in the schools of such
agency during the school year preceding the school year for
which the determination is made and in which the agency at
any 2 times during the four fiscal years preceding the date
of enactment of the Improving America's Schools Act of 1994
was denied by a vote of the agency's eligible voters a bond
referendum for the purposes of school construction or
renovation;
``(C) that receives assistance under section 8003(f); or
``(D) that receives assistance under section 8006.
``(b) Amount of Payments.--The amount of a payment to each
such agency for a fiscal year shall be equal to--
``(1) the amount appropriated under section 8014(e) for
such year; divided by
``(2) the number of children determined under section
8003(a)(2) for all local educational agencies described in
subsection (a), but not including any children attending a
school assisted or provided by the Secretary under section
8008 or section 10 of the Act of September 23, 1950 (Public
Law 815, 81st Congress) (as such Act was in effect on the day
preceding the date of enactment of the Improving America's
Schools Act of 1994); multiplied by
``(3) the number of such children determined for such
agency.
``(c) Use of Funds.--Any local educational agency that
receives funds under this section shall use such funds for
construction, as defined in section 8013(3).
``SEC. 8008. FACILITIES.
``(a) Current Facilities.--From the amount appropriated for
any fiscal year under section 8014(f), the Secretary may
continue to provide assistance for school facilities that
were supported by the Secretary under section 10 of the Act
of September 23, 1950 (Public Law 815, 81st Congress) (as
such Act was in effect on the day preceding the date of the
enactment of the Improving America's Schools Act of 1994).
``(b) Transfer of Facilities.--
``(1) In general.--The Secretary shall, as soon as
practicable, transfer to the appropriate local educational
agency or another appropriate entity all the right, title,
and interest of the United States in and to each facility
provided under section 10 of the Act of September 23, 1950
(Public Law 815, 81st Congress), or under section 204 or 310
of the Act of September 30, 1950 (Public Law 874, 81st
Congress) (as such Acts were in effect on January 1, 1958).
``(2) Other requirements.--Any such transfer shall be
without charge to such agency or entity, and prior to such
transfer, the transfer shall be consented to by the local
educational agency or other appropriate entity, and may be
made on such terms and conditions as the Secretary deems
appropriate to carry out the purposes of this title.
``SEC. 8009. STATE CONSIDERATION OF PAYMENTS IN PROVIDING
STATE AID.
``(a) General Prohibition.--Except as provided in
subsection (b), a State may not--
``(1) consider payments under this title or under the Act
of September 30, 1950 (Public Law 874, 81st Congress) (as
such Act was in effect on the day preceding the date of
enactment of the Improving America's Schools Act of 1994) in
determining for any fiscal year--
``(A) the eligibility of a local educational agency for
State aid for free public education; or
``(B) the amount of such aid; or
``(2) make such aid available to local educational agencies
in a manner that results in less State aid to any local
educational agency that is eligible for such payment than
such agency would receive if such agency were not so
eligible.
``(b) State Equalization Plans.--
``(1) In general.--A State may reduce State aid to a local
educational agency that receives a payment under section 8002
or 8003(b) (except the amount calculated in excess of 1.0
under subparagraph (B) of section 8003(a)(2)) or under the
Act of September 30, 1950 (Public Law 874, 81st Congress) as
such Act was in effect on the day preceding the date of
enactment of the Improving America's Schools Act of 1994
(other than an increase in payments described in paragraphs
(2)(B), (2)(C), (2)(D), or (3)(B)(ii) of section 3(d) of such
Act of September 30, 1950) for any fiscal year if the
Secretary determines, and certifies under subsection
(c)(3)(A), that such State has in effect a program of State
aid that equalizes expenditures for free public education
among local educational agencies in such State.
``(2) Computation.--
``(A) In general.--For purposes of paragraph (1), a program
of State aid equalizes
[[Page 2162]]
expenditures among local educational agencies if, in the
second fiscal year preceding the fiscal year for which the
determination is made, the amount of per-pupil expenditures
made by, or per-pupil revenues available to, the local
educational agency in the State with the highest such per-
pupil expenditures or revenues did not exceed the amount of
such per-pupil expenditures made by, or per-pupil revenues
available to, the local educational agency in the State with
the lowest such expenditures or revenues by more than--
``(i) 25 percent for fiscal year 1995, 1996, or 1997; and
``(ii) 20 percent for fiscal year 1998 or 1999.
``(B) Other factors.--In making a determination under this
subsection, the Secretary shall--
``(i) disregard local educational agencies with per-pupil
expenditures or revenues above the 95th percentile or below
the 5th percentile of such expenditures or revenues in the
State; and
``(ii) take into account the extent to which a program of
State aid reflects the additional cost of providing free
public education in particular types of local educational
agencies, such as those that are geographically isolated, or
to particular types of students, such as children with
disabilities.
``(3) Exception.--Notwithstanding paragraph (2), if the
Secretary determines that the State has substantially revised
its program of State aid, the Secretary may certify such
program for any fiscal year only if--
``(A) the Secretary determines, on the basis of projected
data, that the State's program will meet the disparity
standard described in paragraph (2) for the fiscal year for
which the determination is made; and
``(B) the State provides an assurance to the Secretary
that, if final data do not demonstrate that the State's
program met such standard for the fiscal year for which the
determination is made, the State will pay to each affected
local educational agency the amount by which the State
reduced State aid to the local educational agency.
``(c) Procedures for Review of State Equalization Plans.--
``(1) Written notice.--
``(A) In general.--Any State that wishes to consider
payments described in subsection (b)(1) in providing State
aid to local educational agencies shall submit to the
Secretary, not later than 120 days before the beginning of
the State's fiscal year, a written notice of such State's
intention to do so.
``(B) Contents.--Such notice shall be in the form and
contain the information the Secretary requires, including
evidence that the State has notified each local educational
agency in the State of such State's intention to consider
such payments in providing State aid.
``(2) Opportunity to present views.--Before making a
determination under subsection (b), the Secretary shall
afford the State, and local educational agencies in the
State, an opportunity to present their views.
``(3) Qualification procedures.--If the Secretary
determines that a program of State aid qualifies under
subsection (b), the Secretary shall--
``(A) certify the program and so notify the State; and
``(B) afford an opportunity for a hearing, in accordance
with section 8011(a), to any local educational agency
adversely affected by such certification.
``(4) Non-qualification procedures.--If the Secretary
determines that a program of State aid does not qualify under
subsection (b), the Secretary shall--
``(A) so notify the State; and
``(B) afford an opportunity for a hearing, in accordance
with section 8011(a), to the State, and to any local
educational agency adversely affected by such determination.
``(d) Treatment of State Aid.--
``(1) In general.--If a State has in effect a program of
State aid for free public education for any fiscal year,
which is designed to equalize expenditures for free public
education among the local educational agencies of that State,
payments under this title or under the Act of September 30,
1950 (Public Law 874, 81st Congress) (as such Act was in
effect on the day preceding the date of enactment of the
Improving America's Schools Act of 1994) for any fiscal year
may be taken into consideration by such State in determining
the relative--
``(A) financial resources available to local educational
agencies in that State; and
``(B) financial need of such agencies for the provision of
free public education for children served by such agency,
except that a State may consider as local resources funds
received under this title or under the Act of September 30,
1950 (Public Law 874, 81st Congress) (as such Act was in
effect on the day preceding the date of enactment of the
Improving America's Schools Act of 1994) only in proportion
to the share that local tax revenues covered under a State
equalization program are of total local tax revenues.
``(2) Prohibition.--A State may not take into consideration
payments under this title or under the Act of September 30,
1950 (Public Law 874, 81st Congress) (as such Act was in
effect on the day preceding the date of enactment of the
Improving America's Schools Act of 1994) before such State's
program of State aid has been certified by the Secretary
under subsection (c)(3).
``(e) Remedies for State Violations.--
``(1) In general.--The Secretary or any aggrieved local
educational agency may, not earlier than 150 days after an
adverse determination by the Secretary against a State for
violation of subsections (a) or (d)(2) or for failure to
carry out an assurance under subsection (b)(3)(B), and if an
administrative proceeding has not been concluded within such
time, bring an action in a United States district court
against such State for such violations or failure.
``(2) Immunity.--A State shall not be immune under the 11th
amendment to the Constitution of the United States from an
action described in paragraph (1).
``(3) Relief.--The court shall grant such relief as the
court determines is appropriate.
``SEC. 8010. FEDERAL ADMINISTRATION.
``(a) Payments in Whole Dollar Amounts.--The Secretary
shall round any payments under this title to the nearest
whole dollar amount.
``(b) Other Agencies.--Each Federal agency administering
Federal property on which children reside, and each agency
principally responsible for an activity that may occasion
assistance under this title, shall, to the maximum extent
practicable, comply with requests of the Secretary for
information the Secretary may require to carry out this
title.
``(c) Special Rules.--
``(1) Certain children eligible under subsection (a) or (b)
of section 3 of public law 81-874.--Notwithstanding any
other provision of law, for any fiscal year before fiscal
year 1995, the Secretary shall treat as eligible under
subsection (a) or (b) of section 3 of the Act of September
30, 1950 (Public Law 874, 81st Congress) (as such subsection
was in effect on the day preceding the date of enactment of
the Improving America's Schools Act of 1994), and shall
forgive the obligation of a local educational agency to repay
any amounts that such agency received under such section for
such fiscal year based on, any child who would be eligible
under such subsections except that such child does not meet
the requirements of subsection (a)(1)(B) or (b)(2)(B),
respectively, of such section 3, if such child meets the
requirements of paragraph (3) of this subsection.
``(2) Certain children eligible under subparagraphs (a) and
(g)(ii) of section 8003(a)(1).--(A) The Secretary shall treat
as eligible under subparagraph (A) of section 8003(a)(1) any
child who would be eligible under such subparagraph except
that the Federal property on which the child resides or on
which the child's parent is employed is not in the same State
in which the child attends school, if such child meets the
requirements of paragraph (3) of this subsection.
``(B) The Secretary shall treat as eligible under
subparagraph (G) of section 8003(a)(1) any child who would be
eligible under such subparagraph except that such child does
not meet the requirements of clause (ii) of such
subparagraph, if such child meets the requirements of
paragraph (3) of this subsection.
``(3) Requirements.--A child meets the requirements of this
paragraph if--
``(A) such child resides--
``(i) in a State adjacent to the State in which the local
educational agency serving the school such child attends is
located; or
``(ii) with a parent employed on Federal property in a
State adjacent to the State in which such agency is located;
``(B) the schools of such agency are within a more
reasonable commuting distance of such child's home than the
schools of the local educational agency that serves the
school attendance area where such child resides;
``(C) attending the schools of the local educational agency
that serves the school attendance area where such child
resides will impose a substantial hardship on such child;
``(D) the State in which such child attends school provides
funds for the education of such child on the same basis as
all other public school children in the State, unless
otherwise permitted under section 5(d)(2) of the Act of
September 30, 1950 (Public Law 874, 81st Congress) (as such
section was in effect on the day preceding the date of
enactment of the Improving America's Schools Act of 1994) or
section 8009(b) of this title; and
``(E) such agency received a payment for fiscal year 1994
under section 8003(b) (or such section's predecessor
authority) on behalf of children described in paragraph (2).
``SEC. 8011. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.
``(a) Administrative Hearings.--A local educational agency
and a State that is adversely affected by any action of the
Secretary under this title or under the Act of September 30,
1950 (Public Law 874, 81st Congress) (as such Act was in
effect on the day preceding the date of enactment of the
Improving America's Schools Act of 1994) shall be entitled to
a hearing on such action in the same manner as if such agency
were a person under chapter 5 of title 5, United States Code.
``(b) Judicial Review of Secretarial Action.--
``(1) In general.--A local educational agency or a State
aggrieved by the Secretary's final decision following an
agency proceeding under subsection (a) may, within 60 days
after receiving notice of such decision, file with the United
States court of appeals for the circuit in which such agency
or State is located a petition for review of that action. The
clerk of the court shall promptly transmit a copy of the
petition to the Secretary. The Secretary shall then file in
the court the record of the proceedings on which the
Secretary's action was based, as provided in section 2112 of
title 28, United States Code.
``(2) Findings of fact.--The findings of fact by the
Secretary, if supported by sub-
[[Page 2163]]
stantial evidence, shall be conclusive, but the court, for
good cause shown, may remand the case to the Secretary to
take further evidence. The Secretary may thereupon make new
or modified findings of fact and may modify the Secretary's
previous action, and shall file in the court the record of
the further proceedings. Such new or modified findings of
fact shall likewise be conclusive if supported by substantial
evidence.
``(3) Review.--The court shall have exclusive jurisdiction
to affirm the action of the Secretary or to set it aside, in
whole or in part. The judgment of the court shall be subject
to review by the Supreme Court of the United States upon
certiorari or certification as provided in section 1254 of
title 28, United States Code.
``SEC. 8012. FORGIVENESS OF OVERPAYMENTS.
``Notwithstanding any other provision of law, the Secretary
may forgive the obligation of a local educational agency to
repay, in whole or in part, the amount of any overpayment
received under this title, or under the Act of September 30,
1950 (Public Law 874, 81st Congress) or the Act of September
23, 1950 (Public Law 815, 81st Congress) (as such Acts were
in effect on the day preceding the date of enactment of the
Improving America's Schools Act of 1994), if the Secretary
determines that the overpayment was made as a result of an
error made by--
``(1) the Secretary; or
``(2) the local educational agency and repayment of the
full amount of the overpayment will result in an undue
financial hardship on the agency and seriously harm the
agency's educational program.
``SEC. 8013. DEFINITIONS.
``For purposes of this title:
``(1) Armed forces.--The term `Armed Forces' means the
Army, Navy, Air Force, and Marine Corps.
``(2) Average per-pupil expenditure.--The term `average
per-pupil expenditure' means--
``(A) the aggregate current expenditures of all local
educational agencies in the State; divided by
``(B) the total number of children in average daily
attendance for whom such agencies provided free public
education.
``(3) Construction.--The term `construction' means--
``(A) the preparation of drawings and specifications for
school facilities;
``(B) erecting, building, acquiring, altering, remodeling,
repairing, or extending school facilities;
``(C) inspecting and supervising the construction of school
facilities; and
``(D) debt service for such activities.
``(4) Current expenditures.--The term `current
expenditures' means expenditures for free public education,
including expenditures for administration, instruction,
attendance and health services, pupil transportation
services, operation and maintenance of plant, fixed charges,
and net expenditures to cover deficits for food services and
student body activities, but does not include expenditures
for community services, capital outlay, and debt service, or
any expenditures made from funds awarded under part A of
title I and title VI. The determination of whether an
expenditure for the replacement of equipment is considered a
current expenditure or a capital outlay shall be determined
in accordance with generally accepted accounting principles
as determined by the State.
``(5) Federal property.--
``(A) In general.--Except as provided in subparagraphs (B)
through (F), the term `Federal property' means real property
that is not subject to taxation by any State or any political
subdivision of a State due to Federal agreement, law, or
policy, and that is--
``(i) owned by the United States or leased by the United
States from another entity;
``(ii)(I) held in trust by the United States for individual
Indians or Indian tribes;
``(II) held by individual Indians or Indian tribes subject
to restrictions on alienation imposed by the United States;
``(III) conveyed at any time under the Alaska Native Claims
Settlement Act to a Native individual, Native group, or
village or regional corporation;
``(IV) public land owned by the United States that is
designated for the sole use and benefit of individual Indians
or Indian tribes; or
``(V) used for low-rent housing, as described in paragraph
(10), that is located on land described in subclause (I),
(II), (III), or (IV) of this clause or on land that met one
of those descriptions immediately before such property's use
for such housing;
``(iii)(I) part of a low-rent housing project assisted
under the United States Housing Act of 1937; or
``(II) used to provide housing for homeless children at
closed military installations pursuant to section 501 of the
Stewart B. McKinney Homeless Assistance Act; or
``(iv) owned by a foreign government or by an international
organization.
``(B) Schools providing flight training to members of air
force.--The term `Federal property' includes, so long as not
subject to taxation by any State or any political subdivision
of a State, and whether or not that tax exemption is due to
Federal agreement, law, or policy, any school providing
flight training to members of the Air Force under contract
with the Air Force at an airport owned by a State or
political subdivision of a State.
``(C) Non-federal easements, leases, licenses, permits,
improvements, and certain other real property.--The term
`Federal property' includes, whether or not subject to
taxation by a State or a political subdivision of a State--
``(i) any non-Federal easement, lease, license, permit, or
other such interest in Federal property as otherwise
described in this paragraph, but not including any non-
Federal fee-simple interest;
``(ii) any improvement on Federal property as otherwise
described in this paragraph; and
``(iii) real property that, immediately before its sale or
transfer to a non-Federal party, was owned by the United
States and otherwise qualified as Federal property described
in this paragraph, but only for one year beyond the end of
the fiscal year of such sale or transfer.
``(D) Certain postal service property and pipelines and
utility lines.--Notwithstanding any other provision of this
paragraph, the term `Federal property' does not include--
``(i) any real property under the jurisdiction of the
United States Postal Service that is used primarily for the
provision of postal services; or
``(ii) pipelines and utility lines.
``(E) Property with respect to which state or local tax
revenues may not be expended, allocated, or available for
free public education.--Notwithstanding any other provision
of this paragraph, `Federal property' does not include any
property on which children reside that is otherwise described
in this paragraph if--
``(i) no tax revenues of the State or of any political
subdivision of the State may be expended for the free public
education of children who reside on that Federal property; or
``(ii) no tax revenues of the State are allocated or
available for the free public education of such children.
``(F) Property located in the state of oklahoma owned by
indian housing authority for low-income housing.--The term
`Federal property' includes any real property located in the
State of Oklahoma that--
``(i) is owned by an Indian housing authority and used for
low-income housing (including housing assisted under the
mutual help ownership opportunity program under section 202
of the United States Housing Act of 1937); and
``(ii) at any time--
``(I) was designated by treaty as tribal land; or
``(II) satisfied the definition of Federal property under
section 403(1)(A) of the Act of September 30, 1950 (Public
Law 874, 81st Congress) (as such Act was in effect on the day
preceding the date of enactment of the Improving America's
Schools Act of 1994).
``(6) Free public education.--The term `free public
education' means education that is provided--
``(A) at public expense, under public supervision and
direction, and without tuition charge; and
``(B) as elementary or secondary education, as determined
under State law, except that, notwithstanding State law, such
term--
``(i) includes preschool education; and
``(ii) does not include any education provided beyond grade
12.
``(7) Indian lands.--The term `Indian lands' means any
Federal property described in paragraph (5)(A)(ii) or (5)(F).
``(8) Local contribution percentage.--
``(A) In general.--The term `local contribution percentage'
means the percentage of current expenditures in the State
derived from local and intermediate sources, as reported to
and verified by the National Center for Education Statistics.
``(B) Hawaii and district of columbia.--Notwithstanding
subparagraph (A), the local contribution percentage for
Hawaii and for the District of Columbia shall be the average
local contribution percentage for all States.
``(9) Local educational agency.--
``(A) In general.--Except as provided in subparagraph (B),
the term `local educational agency'--
``(i) means a board of education or other legally
constituted local school authority having administrative
control and direction of free public education in a county,
township, independent school district, or other school
district; and
``(ii) includes any State agency that directly operates and
maintains facilities for providing free public education.
``(B) Exception.--The term `local educational agency' does
not include any agency or school authority that the Secretary
determines on a case-by-case basis--
``(i) was constituted or reconstituted primarily for the
purpose of receiving assistance under this title or the Act
of September 30, 1950 (Public Law 874, 81st Congress) (as
such Act was in effect on the day preceding the date of
enactment of the Improving America's Schools Act of 1994) or
increasing the amount of such assistance; or
``(ii) is not constituted or reconstituted for legitimate
educational purposes.
``(10) Low-rent housing.--The term `low-rent housing' means
housing located on property that is described in paragraph
(5)(A)(iii).
``(11) Revenue derived from local sources.--The term
`revenue derived from local sources' means--
``(A) revenue produced within the boundaries of a local
educational agency and available to such agency for such
agency's use; or
``(B) funds collected by another governmental unit, but
distributed back to a local educational agency in the same
proportion as such funds were collected as a local revenue
source.
``(12) School facilities.--The term `school facilities'
includes--
``(A) classrooms and related facilities; and
[[Page 2164]]
``(B) equipment, machinery, and utilities necessary or
appropriate for school purposes.
``SEC. 8014. AUTHORIZATION OF APPROPRIATIONS.
``(a) Payments for Federal Acquisition of Real Property.--
For the purpose of making payments under section 8002, there
are authorized to be appropriated $16,750,000 for fiscal year
1995 and such sums as may be necessary for each of the four
succeeding fiscal years.
``(b) Basic Payments; Payments for Heavily Impacted Local
Educational Agencies.--For the purpose of making payments
under subsections (b) and (f) of section 8003, there are
authorized to be appropriated $775,000,000 for fiscal year
1995 and such sums as may be necessary for each of the four
succeeding fiscal years, of which 6 percent shall be
available, until expended, for each such fiscal year to carry
out section 8003(f).
``(c) Payments for Children With Disabilities.--For the
purpose of making payments under section 8003(d), there are
authorized to be appropriated $45,000,000 for fiscal year
1995 and such sums as may be necessary for each of the four
succeeding fiscal years.
``(d) Payments for Increases in Military Children.--For the
purpose of making payments under section 8006, there are
authorized to be appropriated $2,000,000 for fiscal year 1995
and such sums as may be necessary for each of the four
succeeding fiscal years.
``(e) Construction.--For the purpose of carrying out
section 8007, there are authorized to be appropriated
$25,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the four succeeding fiscal years.
``(f) Facilities Maintenance.--For the purpose of carrying
out section 8008, there are authorized to be appropriated
$2,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the four succeeding fiscal years.
``TITLE IX--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
``PART A--INDIAN EDUCATION
``SEC. 9101. FINDINGS.
``The Congress finds that--
``(1) the Federal Government has a special responsibility
to ensure that educational programs for all American Indian
and Alaska Native children and adults--
``(A) are based on high-quality, internationally
competitive content standards and student performance
standards and build on Indian culture and the Indian
community;
``(B) assist local educational agencies, Indian tribes, and
other entities and individuals in providing Indian students
the opportunity to achieve such standards; and
``(C) meet the special educational and culturally related
academic needs of American Indian and Alaska Native students;
``(2) since the date of enactment of the initial Indian
Education Act in 1972, the level of involvement of Indian
parents in the planning, development, and implementation of
educational programs that affect such parents and their
children has increased significantly, and schools should
continue to foster such involvement;
``(3) although the number of Indian teachers,
administrators, and university professors has increased since
1972, teacher training programs are not recruiting, training,
or retraining a sufficient number of Indian individuals as
educators to meet the needs of a growing Indian student
population in elementary, secondary, vocational, adult, and
higher education;
``(4) the dropout rate for Indian students is unacceptably
high, for example, 9 percent of Indian students who were
eighth graders in 1988 had already dropped out of school by
1990;
``(5) during the period from 1980 to 1990, the percentage
of Indian individuals living at or below the poverty level
increased from 24 percent to 31 percent, and the readiness of
Indian children to learn is hampered by the high incidence of
poverty, unemployment, and health problems among Indian
children and their families; and
``(6) research related specifically to the education of
Indian children and adults is very limited, and much of the
research is of poor quality or is focused on limited local or
regional issues.
``SEC. 9102. PURPOSE.
``(a) Purpose.--It is the purpose of this part to support
the efforts of local educational agencies, Indian tribes and
organizations, postsecondary institutions, and other entities
to meet the special educational and culturally related
academic needs of American Indians and Alaska Natives, so
that such students can achieve to the same challenging State
performance standards expected of all students.
``(b) Programs.--This part carries out the purpose
described in subsection (a) by authorizing programs of direct
assistance for--
``(1) meeting the special educational and culturally
related academic needs of American Indians and Alaska
Natives;
``(2) the education of Indian children and adults;
``(3) the training of Indian persons as educators and
counselors, and in other professions serving Indian people;
and
``(4) research, evaluation, data collection, and technical
assistance.
``Subpart 1--Formula Grants to Local Educational Agencies
``SEC. 9111. PURPOSE.
``It is the purpose of this subpart to support local
educational agencies in their efforts to reform elementary
and secondary school programs that serve Indian students in
order to ensure that such programs--
``(1) are based on challenging State content standards and
State student performance standards that are used for all
students; and
``(2) are designed to assist Indian students meet those
standards and assist the Nation in reaching the National
Education Goals.
``SEC. 9112. GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) In General.--
``(1) Enrollment requirements.--A local educational agency
shall be eligible for a grant under this subpart for any
fiscal year if the number of Indian children eligible under
section 9116 and who were enrolled in the schools of the
agency, and to whom the agency provided free public
education, during the preceding fiscal year--
``(A) was at least 10; and
``(B) constituted not less than 25 percent of the total
number of individuals enrolled in the schools of such agency.
``(2) Exclusion.--The requirement of paragraph (1) shall
not apply in Alaska, California, or Oklahoma, or with respect
to any local educational agency located on, or in proximity
to, a reservation.
``(b) Indian Tribes.--
``(1) In general.--If a local educational agency that is
eligible for a grant under this subpart does not establish a
parent committee under section 9114(c)(4) for such grant, an
Indian tribe that represents no less than one-half of the
eligible Indian children who are served by such local
educational agency may apply for such grant.
``(2) Special rule.--The Secretary shall treat each Indian
tribe applying for a grant pursuant to paragraph (1) as if
such Indian tribe were a local educational agency for
purposes of this subpart.
``SEC. 9113. AMOUNT OF GRANTS.
``(a) Amount of Grant Awards.--
``(1) In general.--Except as provided in subsection (b) and
paragraph (2), the Secretary shall allocate to each local
educational agency which has an approved application under
this subpart an amount equal to the product of--
``(A) the number of Indian children who are eligible under
section 9116 and served by such agency; and
``(B) the greater of--
``(i) the average per-pupil expenditure of the State in
which such agency is located; or
``(ii) 80 percent of the average per-pupil expenditure in
the United States.
``(2) Reduction.--The Secretary shall reduce the amount of
each allocation determined under paragraph (1) in accordance
with subsection (e).
``(b) Minimum Grant.--
``(1) In general.--Notwithstanding subsection (e) of this
section, a local educational agency or an Indian tribe (as
authorized under section 9112(b)) that is eligible for a
grant under section 9112, and a school that is operated or
supported by the Bureau of Indian Affairs that is eligible
for a grant under subsection (d), that submits an application
that is approved by the Secretary, shall, subject to
appropriations, receive a grant under this subpart in an
amount that is not less than $3,000.
``(2) Consortia.--Local educational agencies may form a
consortium for the purpose of obtaining grants under this
Act.
``(3) Increase.--The Secretary may increase the minimum
grant under paragraph (1) to not more than $4,000 for all
grantees if the Secretary determines such increase is
necessary to ensure quality programs.
``(c) Definition.--For the purpose of this section, the
term `average per-pupil expenditure of a State' means an
amount equal to--
``(1) the sum of the aggregate current expenditures of all
the local educational agencies in the State, plus any direct
current expenditures by the State for the operation of such
agencies, without regard to the sources of funds from which
such local or State expenditures were made, during the second
fiscal year preceding the fiscal year for which the
computation is made; divided by
``(2) the aggregate number of children who were included in
average daily attendance for whom such agencies provided free
public education during such preceding fiscal year.
``(d) Schools Operated or Supported by the Bureau of Indian
Affairs.--In addition to the grants awarded under subsection
(a), and subject to paragraph (2), the Secretary shall
allocate to the Secretary of the Interior an amount equal to
the product of--
``(1) the total number of Indian children enrolled in
schools that are operated by--
``(A) the Bureau of Indian Affairs; or
``(B) an Indian tribe, or an organization controlled or
sanctioned by an Indian tribal government, for the children
of such tribe under a contract with, or grant from, the
Department of the Interior under the Indian Self-
Determination Act or the Tribally Controlled Schools Act of
1988 (part B of title V of the Augustus F. Hawkins-Robert T.
Stafford Elementary and Secondary School Improvement
Amendments of 1988); and
``(2) the greater of--
``(A) the average per-pupil expenditure of the State in
which the school is located; or
``(B) 80 percent of the average per-pupil expenditure in
the United States.
``(e) Ratable Reductions.--If the sums appropriated for any
fiscal year under section 9162(a) are insufficient to pay in
full the amounts determined for local educational agencies
under subsection (a)(1) and for the Secretary of the Interior
under subsection (d), each of those amounts shall be ratably
reduced.
``SEC. 9114. APPLICATIONS.
``(a) Application Required.--Each local educational agency
that desires to receive a
[[Page 2165]]
grant under this subpart shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may reasonably require.
``(b) Comprehensive Program Required.--Each application
submitted under subsection (a) shall include a comprehensive
program for meeting the needs of Indian children served by
the local educational agency, including the language and
cultural needs of the children, that--
``(1) provides programs and activities to meet the
culturally related academic needs of American Indian and
Alaska Native students;
``(2)(A) is consistent with, and promotes the goals in, the
State and local improvement plans, either approved or being
developed, under title III of the Goals 2000: Educate America
Act or, if such plans are not approved or being developed,
with the State and local plans under sections 1111 and 1112
of this Act; and
``(B) includes academic content and student performance
goals for such children, and benchmarks for attaining such
goals, that are based on the challenging State standards
adopted under title I for all children;
``(3) explains how Federal, State, and local programs,
especially under title I, will meet the needs of such
students;
``(4) demonstrates how funds made available under this
subpart will be used for activities described in section
9115;
``(5) describes the professional development opportunities
that will be provided, as needed, to ensure that--
``(A) teachers and other school professionals who are new
to the Indian community are prepared to work with Indian
children; and
``(B) all teachers who will be involved in programs
assisted under this subpart have been properly trained to
carry out such programs; and
``(6) describes how the local educational agency--
``(A) will periodically assess the progress of all Indian
children enrolled in the schools of the local educational
agency, including Indian children who do not participate in
programs assisted under this subpart, in meeting the goals
described in paragraph (2);
``(B) will provide the results of each assessment referred
to in subparagraph (A) to--
``(i) the committee of parents described in subsection
(c)(4); and
``(ii) the community served by the local educational
agency; and
``(C) is responding to findings of any previous assessments
that are similar to the assessments described in subparagraph
(A).
``(c) Assurances.--Each application submitted under
subsection (a) shall include assurances that--
``(1) the local educational agency will use funds received
under this subpart only to supplement the level of funds
that, in the absence of the Federal funds made available
under this subpart, such agency would make available for the
education of Indian children, and not to supplant such funds;
``(2) the local educational agency will submit such reports
to the Secretary, in such form and containing such
information, as the Secretary may require to--
``(A) carry out the functions of the Secretary under this
subpart; and
``(B) determine the extent to which funds provided to the
local educational agency under this subpart are effective in
improving the educational achievement of Indian students
served by such agency;
``(3) the program for which assistance is sought--
``(A) is based on a local assessment and prioritization of
the special educational and culturally related academic needs
of the American Indian and Alaska Native students for whom
the local educational agency is providing an education;
``(B) will use the best available talents and resources,
including individuals from the Indian community; and
``(C) was developed by such agency in open consultation
with parents of Indian children and teachers, and, if
appropriate, Indian students from secondary schools,
including public hearings held by such agency to provide the
individuals described in this subparagraph a full opportunity
to understand the program and to offer recommendations
regarding the program; and
``(4) the local educational agency developed the program
with the participation and written approval of a committee--
``(A) that is composed of, and selected by--
``(i) parents of Indian children in the local educational
agency's schools and teachers; and
``(ii) if appropriate, Indian students attending secondary
schools;
``(B) the membership of which is at least more than one-
half parents of Indian children;
``(C) that sets forth such policies and procedures,
including policies and procedures relating to the hiring of
personnel, as will ensure that the program for which
assistance is sought will be operated and evaluated in
consultation with, and with the involvement of, parents of
the children, and representatives of the area, to be served;
``(D) with respect to an application describing a
schoolwide program in accordance with section 9115(c), has--
``(i) reviewed in a timely fashion the program; and
``(ii) determined that the program will not diminish the
availability of culturally related activities for American
Indians and Alaskan Native students; and
``(E) has adopted reasonable bylaws for the conduct of the
activities of the committee and abides by such bylaws.
``SEC. 9115. AUTHORIZED SERVICES AND ACTIVITIES.
``(a) General Requirements.--Each local educational agency
that receives a grant under this subpart shall use the grant
funds, in a manner consistent with the purpose specified in
section 9111, for services and activities that--
``(1) are designed to carry out the comprehensive plan of
the local educational agency for Indian students, and
described in the application of the local educational agency
submitted to the Secretary under section 9114(b);
``(2) are designed with special regard for the language and
cultural needs of the Indian students; and
``(3) supplement and enrich the regular school program of
such agency.
``(b) Particular Activities.--The services and activities
referred to in subsection (a) may include--
``(1) culturally related activities that support the
program described in the application submitted by the local
educational agency;
``(2) early childhood and family programs that emphasize
school readiness;
``(3) enrichment programs that focus on problem-solving and
cognitive skills development and directly support the
attainment of challenging State content standards and State
student performance standards;
``(4) integrated educational services in combination with
other programs that meet the needs of Indian children and
their families;
``(5) school-to-work transition activities to enable Indian
students to participate in programs such as the programs
supported by the School-to-Work Opportunities Act of 1994 and
the Carl D. Perkins Vocational and Applied Technology
Education Act, including programs for tech-prep, mentoring,
and apprenticeship;
``(6) activities to educate individuals concerning
substance abuse and to prevent substance abuse; and
``(7) the acquisition of equipment, but only if the
acquisition of the equipment is essential to meet the purpose
described in section 9111.
``(c) Schoolwide Programs.--Notwithstanding any other
provision of law, a local educational agency may use funds
made available to such agency under this subpart to support a
schoolwide program under section 1114 if--
``(1) the committee composed of parents established
pursuant to section 9114(c)(4) approves the use of the funds
for the schoolwide program; and
``(2) the schoolwide program is consistent with the purpose
described in section 9111.
``SEC. 9116. STUDENT ELIGIBILITY FORMS.
``(a) In General.--The Secretary shall require that, as
part of an application for a grant under this subpart, each
applicant shall maintain a file, with respect to each Indian
child for whom the local educational agency provides a free
public education, that contains a form that sets forth
information establishing the status of the child as an Indian
child eligible for assistance under this subpart and that
otherwise meets the requirements of subsection (b).
``(b) Forms.--
``(1) In general.--The form described in subsection (a)
shall include--
``(A) either--
``(i)(I) the name of the tribe or band of Indians (as
defined in section 9161(4)) with respect to which the child
claims membership;
``(II) the enrollment number establishing the membership of
the child (if readily available); and
``(III) the name and address of the organization that
maintains updated and accurate membership data for such tribe
or band of Indians; or
``(ii) if the child is not a member of a tribe or band of
Indians, the name, the enrollment number (if readily
available), and the organization (and address thereof)
responsible for maintaining updated and accurate membership
rolls of any parent or grandparent of the child from whom the
child claims eligibility;
``(B) a statement of whether the tribe or band of Indians
with respect to which the child, parent or grandparent of the
child claims membership is federally recognized;
``(C) the name and address of the parent or legal guardian
of the child;
``(D) a signature of the parent or legal guardian of the
child that verifies the accuracy of the information supplied;
and
``(E) any other information that the Secretary considers
necessary to provide an accurate program profile.
``(2) Minimum information.--In order for a child to be
eligible to be counted for the purpose of computing the
amount of a grant award made under section 9113, an
eligibility form prepared pursuant to this section for a
child shall include--
``(A) the name of the child;
``(B) the name of the tribe or band of Indians (as defined
in section 9161(4)) with respect to which the child claims
eligibility; and
``(C) the dated signature of the parent or guardian of the
child.
``(3) Failure.--The failure of an applicant to furnish any
information described in this subsection other than the
information described in paragraph (2) with respect to any
child shall have no bearing on the determination of whether
the child is an eligible
[[Page 2166]]
Indian child for the purposes of determining the amount of a
grant award made under section 9113.
``(c) Statutory Construction.--Nothing in this section
shall be construed to affect a definition contained in
section 9161.
``(d) Forms and Standards of Proof.--The forms and the
standards of proof (including the standard of good faith
compliance) that were in use during the 1985-1986 academic
year to establish the eligibility of a child for entitlement
under the Indian Elementary and Secondary School Assistance
Act shall be the forms and standards of proof used--
``(1) to establish such eligibility; and
``(2) to meet the requirements of subsection (a).
``(e) Documentation.--For purposes of determining whether a
child is eligible to be counted for the purpose of computing
the amount of a grant under section 9113, the membership of
the child, or any parent or grandparent of the child, in a
tribe or band of Indians may be established by proof other
than an enrollment number, notwithstanding the availability
of an enrollment number for a member of such tribe or band.
Nothing in subsection (b) shall be construed to require the
furnishing of an enrollment number.
``(f) Monitoring and Evaluation Review.--
``(1) In general.--(A) For each fiscal year, in order to
provide such information as is necessary to carry out the
responsibility of the Secretary to provide technical
assistance under this subpart, the Secretary shall conduct a
monitoring and evaluation review of a sampling of the
recipients of grants under this subpart. The sampling
conducted under this subparagraph shall take into account
size of the local educational agency and the geographic
location of such agency.
``(B) A local educational agency may not be held liable to
the United States or be subject to any penalty, by reason of
the findings of an audit that relates to the date of
completion, or the date of submission, of any forms used to
establish, before April 28, 1988, the eligibility of a child
for entitlement under the Indian Elementary and Secondary
School Assistance Act.
``(2) False information.--Any local educational agency that
provides false information in an application for a grant
under this subpart shall--
``(A) be ineligible to apply for any other grant under this
subpart; and
``(B) be liable to the United States for any funds that
have not been expended.
``(3) Excluded children.--A student who provides false
information for the form required under subsection (d) shall
not be counted for the purpose of computing the amount of a
grant under section 9113.
``(g) Distribution.--For the purposes of the distribution
of funds under this subpart to schools that receive funding
from the Bureau of Indian Affairs pursuant to--
``(1) section 1130 of the Education Amendments of 1978; and
``(2) the Act of April 16, 1934 (48 Stat. 596, chapter
147),
the Secretary shall, in lieu of meeting the requirements of
this section for counting Indian children, use a count of the
number of students in such schools certified by the Bureau of
Indian Affairs.
``SEC. 9117. PAYMENTS.
``(a) In General.--Subject to subsections (b) and (c), the
Secretary shall pay to each local educational agency that
submits an application that is approved by the Secretary
under this subpart the amount determined under section 9113.
The Secretary shall notify the local educational agency of
the amount of the payment not later than June 1 of the year
for which the Secretary makes the payment.
``(b) Payments Taken Into Account by the State.--The
Secretary may not make a grant under this subpart to a local
educational agency for a fiscal year if, for such fiscal
year, the State in which the local educational agency is
located takes into consideration payments made under this
subpart (or under subpart 1 of the Indian Education Act of
1988) in determining the eligibility of the local educational
agency for State aid, or the amount of the State aid, with
respect to the free public education of children during such
fiscal year or the preceding fiscal year.
``(c) Reduction of Payment for Failure To Maintain Fiscal
Effort.--
``(1) In general.--The Secretary may not pay a local
educational agency the full amount of a grant award
determined under section 9113 for any fiscal year unless the
State educational agency notifies the Secretary, and the
Secretary determines, that with respect to the provision of
free public education by the local educational agency for the
preceding fiscal year, that the combined fiscal effort of the
local educational agency and the State, computed on either a
per student or aggregate expenditure basis was not less than
90 percent of the amount of the combined fiscal effort,
computed on the same basis, for the second preceding fiscal
year.
``(2) Failure.--If, for any fiscal year, the Secretary
determines that a local educational agency failed to maintain
the fiscal effort of such agency at the level specified in
paragraph (1), the Secretary shall--
``(A) reduce the amount of the grant that would otherwise
be made to such agency under this subpart in the exact
proportion of such agency's failure to maintain its fiscal
effort at such level; and
``(B) not use the reduced amount of the agency's
expenditures for the preceding year to determine compliance
with paragraph (1) for any succeeding fiscal year, but shall
use the amount of expenditures that would have been required
to comply with paragraph (1).
``(3) Waiver.--(A) The Secretary may waive the requirement
of paragraph (1), for not more than one year at a time, if
the Secretary determines that the failure to comply with such
requirement is due to exceptional or uncontrollable
circumstances, such as a natural disaster or a precipitous
and unforeseen decline in the agency's financial resources.
``(B) The Secretary shall not use the reduced amount of
such agency's expenditures for the fiscal year preceding the
fiscal year for which a waiver is granted to determine
compliance with paragraph (1) for any succeeding fiscal year,
but shall use the amount of expenditures that would have been
required to comply with paragraph (1) in the absence of the
waiver.
``(d) Reallocations.--The Secretary may reallocate, in a
manner that the Secretary determines will best carry out the
purpose of this subpart, any amounts that--
``(1) based on estimates made by local educational agencies
or other information, the Secretary determines will not be
needed by such agencies to carry out approved programs under
this subpart; or
``(2) otherwise become available for reallocation under
this subpart.
``SEC. 9118. STATE EDUCATIONAL AGENCY REVIEW.
``(a) Application.--Each entity desiring assistance under
this subpart shall submit an application to the Secretary at
such time, in such manner and accompanied by such information
as the Secretary may reasonably require except that this
subsection shall not apply to Bureau-funded schools.
``(b) Special Rule.--Before submitting an application under
subsection (a) to the Secretary, the entity shall submit its
application to the State educational agency. The State
educational agency may comment on such application, however
if such agency comments on such application such agency shall
comment on all applications submitted by entities within the
State and shall provide such comments to the appropriate
local educational agency, which local educational agency
shall be given an opportunity to respond to such comments.
``Subpart 2--Special Programs and Projects To Improve Educational
Opportunities for Indian Children
``SEC. 9121. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR
INDIAN CHILDREN.
``(a) Purpose.--
``(1) In general.--It is the purpose of this section to
support projects to develop, test, and demonstrate the
effectiveness of services and programs to improve educational
opportunities and achievement of Indian children.
``(2) Coordination.--The Secretary shall take such actions
as are necessary to achieve the coordination of activities
assisted under this subpart with--
``(A) other programs funded under this Act; and
``(B) other Federal programs operated for the benefit of
American Indian and Alaska Native children.
``(b) Eligible Entities.--For the purpose of this section,
the term `eligible entity' means a State educational agency,
local educational agency, Indian tribe, Indian organization,
federally supported elementary and secondary school for
Indian students, Indian institution, including an Indian
institutions of higher education, or a consortium of such
institutions.
``(c) Grants Authorized.--
``(1) In general.--The Secretary shall award grants to
eligible entities to enable such entities to carry out
activities that meet the purpose specified in subsection
(a)(1), including--
``(A) innovative programs related to the educational needs
of educationally deprived children;
``(B) educational services that are not available to such
children in sufficient quantity or quality, including
remedial instruction, to raise the achievement of Indian
children in one or more of the core academic subjects of
English, mathematics, science, foreign languages, art,
history, and geography;
``(C) bilingual and bicultural programs and projects;
``(D) special health and nutrition services, and other
related activities, that address the special health, social,
and psychological problems of Indian children;
``(E) special compensatory and other programs and projects
designed to assist and encourage Indian children to enter,
remain in, or reenter school, and to increase the rate of
secondary school graduation;
``(F) comprehensive guidance, counseling, and testing
services;
``(G) early childhood and kindergarten programs, including
family-based preschool programs that emphasize school
readiness and parental skills, and the provision of services
to Indian children with disabilities;
``(H) partnership projects between local educational
agencies and institutions of higher education that allow
secondary school students to enroll in courses at the
postsecondary level to aid such students in the transition
from secondary school to postsecondary education;
``(I) partnership projects between schools and local
businesses for school-to-work transition programs designed to
provide Indian youth with the knowledge and skills the youth
need to make an effective transition
[[Page 2167]]
from school to a first job in a high-skill, high-wage career;
``(J) programs designed to encourage and assist Indian
students to work toward, and gain entrance into, an
institution of higher education; or
``(K) other services that meet the purpose described in
subsection (a)(1).
``(2) Preservice or inservice training.--Preservice or
inservice training of professional and paraprofessional
personnel may be a part of any program assisted under this
section.
``(d) Grant Requirements and Applications.--
``(1) Grant requirements.--(A) The Secretary may make
multiyear grants under this section for the planning,
development, pilot operation, or demonstration of any
activity described in subsection (c) for a period not to
exceed 5 years.
``(B) In making multiyear grants under this section, the
Secretary shall give priority to applications that present a
plan for combining two or more of the activities described in
subsection (c) over a period of more than 1 year.
``(C) The Secretary shall make a grant payment to an
eligible entity after the initial year of the multiyear grant
only if the Secretary determines that the eligible entity has
made substantial progress in carrying out the activities
assisted under the grant in accordance with the application
submitted under paragraph (2) and any subsequent
modifications to such application.
``(D)(i) In addition to awarding the multiyear grants
described in subparagraph (A), the Secretary may award grants
to eligible entities for the dissemination of exemplary
materials or programs assisted under this section.
``(ii) The Secretary may award a dissemination grant under
this subparagraph if, prior to awarding the grant, the
Secretary determines that the material or program to be
disseminated has been adequately reviewed and has a
demonstrated--
``(I) educational merit; and
``(II) the ability to be replicated.
``(2) Application.--(A) Any eligible entity that desires to
receive a grant under this subsection shall submit an
application to the Secretary at such time and in such manner
as the Secretary may require.
``(B) Each application submitted to the Secretary under
subparagraph (A) shall contain--
``(i) a description of how parents of Indian children and
representatives of Indian tribes have been, and will be,
involved in developing and implementing the activities for
which assistance is sought;
``(ii) assurances that the applicant will participate, at
the request of the Secretary, in any national evaluation of
activities assisted under this section; and
``(iii) such other assurances and information as the
Secretary may reasonably require.
``SEC. 9122. PROFESSIONAL DEVELOPMENT.
``(a) Purposes.--The purposes of this section are--
``(1) to increase the number of qualified Indian
individuals in professions that serve Indian people;
``(2) to provide training to qualified Indian individuals
to enable such individuals to become teachers,
administrators, teacher aides, social workers, and ancillary
educational personnel; and
``(3) to improve the skills of qualified Indian individuals
who serve in the capacities described in paragraph (2).
``(b) Eligible Entities.--For the purpose of this section,
the term `eligible entity' means--
``(1) an institution of higher education, including an
Indian institution of higher education;
``(2) a State or local educational agency, in consortium
with an institutions of higher education; and
``(3) an Indian tribe or organization, in consortium with
an institution of higher education.
``(c) Program Authorized.--The Secretary is authorized to
award grants to eligible entities having applications
approved under this section to enable such entities to carry
out the activities described in subsection (d).
``(d) Authorized Activities.--
``(1) In general.--Grant funds under this section shall be
used to provide support and training for Indian individuals
in a manner consistent with the purposes of this section.
Such activities may include but are not limited to,
continuing programs, symposia, workshops, conferences, and
direct financial support.
``(2) Special rules.--(A) For education personnel, the
training received pursuant to a grant under this section may
be inservice or preservice training.
``(B) For individuals who are being trained to enter any
field other than education, the training received pursuant to
a grant under this section shall be in a program that results
in a graduate degree.
``(e) Application.--
``(1) In general.--Each eligible entity desiring a grant
under this section shall submit an application to the
Secretary at such time, in such manner and accompanied by
such information, as the Secretary may reasonably require.
``(2) Preference.--In awarding grants under this section,
the Secretary shall give preference to applications
describing programs that train Indian individuals.
``(f) Special Rule.--In making grants under this section,
the Secretary--
``(1) shall consider the prior performance of the eligible
entity; and
``(2) may not limit eligibility to receive a grant under
this section on the basis of--
``(A) the number of previous grants the Secretary has
awarded such entity; or
``(B) the length of any period during which such entity
received such grants.
``(g) Grant Period.--Each grant under this section shall be
awarded for a program of not more than 5 years.
``(h) Service Obligation.--
``(1) In general.--The Secretary shall require, by
regulation, that an individual who receives training pursuant
to a grant made under this section--
``(A) perform work--
``(i) related to the training received under this section;
and
``(ii) that benefits Indian people; or
``(B) repay all or a prorated part of the assistance
received.
``(2) Reporting.--The Secretary shall establish, by
regulation, a reporting procedure under which a grant
recipient under this section shall, not later than 12 months
after the date of completion of the training, and
periodically thereafter, provide information concerning the
compliance of such recipient with the work requirement under
paragraph (1).
``SEC. 9123. FELLOWSHIPS FOR INDIAN STUDENTS.
``(a) Fellowships.--
``(1) Authority.--The Secretary is authorized to award
fellowships to Indian students to enable such students to
study in graduate and professional programs at institutions
of higher education.
``(2) Requirements.--The fellowships described in paragraph
(1) shall be awarded to Indian students to enable such
students to pursue a course of study--
``(A) of not more than 4 academic years; and
``(B) that leads--
``(i) toward a postbaccalaureate degree in medicine,
clinical psychology, psychology, law, education, and related
fields; or
``(ii) to an undergraduate or graduate degree in
engineering, business administration, natural resources, and
related fields.
``(b) Stipends.--The Secretary shall pay to Indian students
awarded fellowships under subsection (a) such stipends
(including allowances for subsistence of such students and
dependents of such students) as the Secretary determines to
be consistent with prevailing practices under comparable
federally supported programs.
``(c) Payments to Institutions in Lieu of Tuition.--The
Secretary shall pay to the institution of higher education at
which a fellowship recipient is pursuing a course of study,
in lieu of tuition charged such recipient, such amounts as
the Secretary may determine to be necessary to cover the cost
of education provided such recipient.
``(d) Special Rules.--
``(1) In general.--If a fellowship awarded under subsection
(a) is vacated prior to the end of the period for which the
fellowship is awarded, the Secretary may award an additional
fellowship for the unexpired portion of the period of the
fellowship.
``(2) Written notice.--Not later than 45 days before the
commencement of an academic term, the Secretary shall provide
to each individual who is awarded a fellowship under
subsection (a) for such academic term written notice of--
``(A) the amount of the fellowship; and
``(B) any stipends or other payments that will be made
under this section to, or for the benefit of, the individual
for the academic term.
``(3) Priority.--Not more than 10 percent of the
fellowships awarded under subsection (a) shall be awarded, on
a priority basis, to persons receiving training in guidance
counseling with a speciality in the area of alcohol and
substance abuse counseling and education.
``(e) Service Obligation.--
``(1) In general.--The Secretary shall require, by
regulation, that an individual who receives financial
assistance under this section--
``(A) perform work--
``(i) related to the training for which the individual
receives assistance under this section; and
``(ii) that benefits Indian people; or
``(B) repay all or a prorated portion of such assistance.
``(2) Reporting procedure.--The Secretary shall establish,
by regulation, a reporting procedure under which the
recipient of training assistance under this section, not
later than 12 months after the date of completion of the
training and periodically thereafter, shall provide
information concerning the compliance of such recipient with
the work requirement under paragraph (1).
``(f) Administration of Fellowships.--The Secretary may
administer the fellowships authorized under this section
through a grant to, or contract or cooperative agreement
with, an Indian organization with demonstrated qualifications
to administer all facets of the program assisted under this
section.
``SEC. 9124. GIFTED AND TALENTED.
``(a) Program Authorized.--The Secretary is authorized to--
``(1) establish two centers for gifted and talented Indian
students at tribally controlled community colleges in
accordance with this section; and
``(2) support demonstration projects described in
subsection (c).
[[Page 2168]]
``(b) Eligible Entities.--The Secretary shall make grants
to, or enter into contracts, for the activities described in
subsection (a), with--
``(1) two tribally controlled community colleges that--
``(A) are eligible for funding under the Tribally
Controlled Community College Assistance Act of 1978; and
``(B) are fully accredited; or
``(2) if the Secretary does not receive applications that
the Secretary determines to be approvable from two colleges
that meet the requirements of paragraph (1), the American
Indian Higher Education Consortium.
``(c) Use of Funds.--
``(1) In general.--The grants made, or contracts entered
into, by the Secretary under subsection (a) shall be used
for--
``(A) the establishment of centers described in subsection
(a); and
``(B) carrying out demonstration projects designed to--
``(i) address the special needs of Indian students in
elementary and secondary schools who are gifted and talented;
and
``(ii) provide such support services to the families of the
students described in clause (i) as are needed to enable such
students to benefit from the projects.
``(2) Subcontracts.--Each recipient of a grant or contract
under subsection (a) may enter into a contract with any other
entity, including the Children's Television Workshop, to
carry out the demonstration project under this subsection.
``(3) Demonstration projects.--Demonstration projects
assisted under subsection (a) may include--
``(A) the identification of the special needs of gifted and
talented Indian students, particularly at the elementary
school level, giving attention to--
``(i) the emotional and psychosocial needs of such
students; and
``(ii) providing such support services to the families of
such students as are needed to enable such students to
benefit from the project;
``(B) the conduct of educational, psychosocial, and
developmental activities that the Secretary determines holds
a reasonable promise of resulting in substantial progress
toward meeting the educational needs of such gifted and
talented children, including but not limited to--
``(i) demonstrating and exploring the use of Indian
languages and exposure to Indian cultural traditions; and
``(ii) mentoring and apprenticeship programs;
``(C) the provision of technical assistance and the
coordination of activities at schools that receive grants
under subsection (d) with respect to the activities assisted
under such grants, the evaluation of programs assisted under
such grants, or the dissemination of such evaluations;
``(D) the use of public television in meeting the special
educational needs of such gifted and talented children;
``(E) leadership programs designed to replicate programs
for such children throughout the United States, including
disseminating information derived from the demonstration
projects conducted under subsection (a); and
``(F) appropriate research, evaluation, and related
activities pertaining to the needs of such children and to
the provision of such support services to the families of
such children that are needed to enable such children to
benefit from the project.
``(4) Application.--Each entity desiring a grant under
subsection (a) shall submit an application to the Secretary
at such time and in such manner as the Secretary may
prescribe.
``(d) Additional Grants.--
``(1) In general.--The Secretary, in consultation with the
Secretary of the Interior, shall award 5 grants to schools
funded by the Bureau of Indian Affairs (hereafter in this
section referred to as `Bureau schools') for program research
and development and the development and dissemination of
curriculum and teacher training material, regarding--
``(A) gifted and talented students;
``(B) college preparatory studies (including programs for
Indian students with an interest in pursuing teaching
careers);
``(C) students with special culturally related academic
needs, including students with social, lingual, and cultural
needs; or
``(D) mathematics and science education.
``(2) Applications.--Each Bureau school desiring a grant to
conduct one or more of the activities described in paragraph
(1) shall submit an application to the Secretary in such form
and at such time as the Secretary may prescribe.
``(3) Special rule.--Each application described in
paragraph (2) shall be developed, and each grant under this
subsection shall be administered, jointly by the supervisor
of the Bureau school and the local educational agency serving
such school.
``(4) Requirements.--In awarding grants under paragraph
(1), the Secretary shall achieve a mixture of the programs
described in paragraph (1) that ensures that Indian students
at all grade levels and in all geographic areas of the United
States are able to participate in a program assisted under
this subsection.
``(5) Grant period.--Subject to the availability of
appropriations, grants under paragraph (1) shall be awarded
for a 3-year period and may be renewed by the Secretary for
additional 3-year periods if the Secretary determines that
the performance of the grant recipient has been satisfactory.
``(6) Dissemination.--(A) The dissemination of any
materials developed from activities assisted under paragraph
(1) shall be carried out in cooperation with entities that
receive funds pursuant to subsection (b).
``(B) The Secretary shall report to the Secretary of the
Interior and to the Congress any results from activities
described in paragraph (3)(B).
``(7) Evaluation costs.--(A) The costs of evaluating any
activities assisted under paragraph (1) shall be divided
between the Bureau schools conducting such activities and the
recipients of grants or contracts under subsection (b) who
conduct demonstration projects under such subsection.
``(B) If no funds are provided under subsection (b) for--
``(i) the evaluation of activities assisted under paragraph
(1);
``(ii) technical assistance and coordination with respect
to such activities; or
``(iii) the dissemination of the evaluations referred to in
clause (i),
then the Secretary shall make such grants, or enter into such
contracts, as are necessary to provide for the evaluations,
technical assistance, and coordination of such activities,
and the dissemination of the evaluations.
``(e) Information Network.--The Secretary shall encourage
each recipient of a grant or contract under this section to
work cooperatively as part of a national network to ensure
that the information developed by the grant or contract
recipient is readily available to the entire educational
community.
``SEC. 9125. GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE
PLANNING AND DEVELOPMENT.
``(a) In General.--The Secretary may make grants to Indian
tribes, and tribal organizations approved by Indian tribes,
to plan and develop a centralized tribal administrative
entity to--
``(1) coordinate all education programs operated by the
tribe or within the territorial jurisdiction of the tribe;
``(2) develop education codes for schools within the
territorial jurisdiction of the tribe;
``(3) provide support services and technical assistance to
schools serving children of the tribe; and
``(4) perform child-find screening services for the
preschool-aged children of the tribe to--
``(A) ensure placement in appropriate educational
facilities; and
``(B) coordinate the provision of any needed special
services for conditions such as disabilities and English
language skill deficiencies.
``(b) Period of Grant.--Each grant under this section may
be awarded for a period of not more than 3 years, except that
such grant may be renewed upon the termination of the initial
period of the grant if the grant recipient demonstrates to
the satisfaction of the Secretary that renewing the grant for
an additional 3-year period is necessary to carry out the
objectives of the grant described in subsection (c)(2)(A).
``(c) Application for Grant.--
``(1) In general.--Each Indian tribe and tribal
organization desiring a grant under this section shall submit
an application to the Secretary at such time, in such manner,
containing such information, and consistent with such
criteria, as the Secretary may prescribe in regulations.
``(2) Contents.--Each application described in paragraph
(1) shall contain--
``(A) a statement describing the activities to be
conducted, and the objectives to be achieved, under the
grant; and
``(B) a description of the method to be used for evaluating
the effectiveness of the activities for which assistance is
sought and determining whether such objectives are achieved.
``(3) Approval.--The Secretary may approve an application
submitted by a tribe or tribal organization pursuant to this
section only if the Secretary is satisfied that such
application, including any documentation submitted with the
application--
``(A) demonstrates that the applicant has consulted with
other education entities, if any, within the territorial
jurisdiction of the applicant who will be affected by the
activities to be conducted under the grant;
``(B) provides for consultation with such other education
entities in the operation and evaluation of the activities
conducted under the grant; and
``(C) demonstrates that there will be adequate resources
provided under this section or from other sources to complete
the activities for which assistance is sought, except that
the availability of such other resources shall not be a basis
for disapproval of such application.
``(d) Restriction.--A tribe may not receive funds under
this section if such tribe receives funds under section 1144
of the Indian Education Amendments of 1978.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to the Department of Education
$3,000,000 for each of the fiscal years 1995 through 1999 to
carry out this section.
``Subpart 3--Special Programs Relating to Adult Education for Indians
``SEC. 9131. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR
ADULT INDIANS.
``(a) In General.--The Secretary shall award grants to
State and local educational agencies, and to Indian tribes,
institutions, and organizations--
``(1) to support planning, pilot, and demonstration
projects that are designed to test
[[Page 2169]]
and demonstrate the effectiveness of programs for improving
employment and educational opportunities for adult Indians;
``(2) to assist in the establishment and operation of
programs that are designed to stimulate--
``(A) basic literacy opportunities for all nonliterate
Indian adults; and
``(B) the provision of opportunities to all Indian adults
to qualify for a secondary school diploma, or its recognized
equivalent, in the shortest period of time feasible;
``(3) to support a major research and development program
to develop more innovative and effective techniques for
achieving literacy and secondary school equivalency for
Indians;
``(4) to provide for basic surveys and evaluations to
define accurately the extent of the problems of illiteracy
and lack of secondary school completion among Indians; and
``(5) to encourage the dissemination of information and
materials relating to, and the evaluation of, the
effectiveness of education programs that may offer
educational opportunities to Indian adults.
``(b) Educational Services.--The Secretary may make grants
to Indian tribes, institutions, and organizations to develop
and establish educational services and programs specifically
designed to improve educational opportunities for Indian
adults.
``(c) Information and Evaluation.--The Secretary may make
grants to, and enter into contracts with, public agencies and
institutions and Indian tribes, institutions, and
organizations, for--
``(1) the dissemination of information concerning
educational programs, services, and resources available to
Indian adults, including evaluations of the programs,
services, and resources; and
``(2) the evaluation of federally assisted programs in
which Indian adults may participate to determine the
effectiveness of the programs in achieving the purposes of
the programs with respect to Indian adults.
``(d) Applications.--
``(1) In general.--Each entity desiring a grant under this
section shall submit to the Secretary an application at such
time, in such manner, containing such information, and
consistent with such criteria, as the Secretary may prescribe
in regulations.
``(2) Contents.--Each application described in paragraph
(1) shall contain--
``(A) a statement describing the activities to be
conducted, and the objectives to be achieved, under the
grant; and
``(B) a description of the method to be used for evaluating
the effectiveness of the activities for which assistance is
sought and determining whether the objectives of the grant
are achieved.
``(3) Approval.--The Secretary shall not approve an
application described in paragraph (1) unless the Secretary
determines that such application, including any documentation
submitted with the application, indicates--
``(A) there has been adequate participation, by the
individuals to be served and appropriate tribal communities,
in the planning and development of the activities to be
assisted; and
``(B) the individuals and tribal communities referred to in
subparagraph (A) will participate in the operation and
evaluation of the activities to be assisted.
``(4) Priority.--In approving applications under paragraph
(1), the Secretary shall give priority to applications from
Indian educational agencies, organizations, and institutions.
``Subpart 4--National Research Activities
``SEC. 9141. NATIONAL ACTIVITIES.
``(a) Authorized Activities.--The Secretary may use funds
made available under section 9162(b) for each fiscal year
to--
``(1) conduct research related to effective approaches for
the education of Indian children and adults;
``(2) evaluate federally assisted education programs from
which Indian children and adults may benefit;
``(3) collect and analyze data on the educational status
and needs of Indians; and
``(4) carry out other activities that are consistent with
the purpose of this part.
``(b) Eligibility.--The Secretary may carry out any of the
activities described in subsection (a) directly or through
grants to, or contracts or cooperative agreements with Indian
tribes, Indian organizations, State educational agencies,
local educational agencies, institutions of higher education,
including Indian institutions of higher education, and other
public and private agencies and institutions.
``(c) Coordination.--Research activities supported under
this section--
``(1) shall be carried out in consultation with the Office
of Educational Research and Improvement to assure that such
activities are coordinated with and enhance the research and
development activities supported by the Office; and
``(2) may include collaborative research activities which
are jointly funded and carried out by the Office of Indian
Education and the Office of Educational Research and
Improvement.
``Subpart 5--Federal Administration
``SEC. 9151. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.
``(a) Membership.--There is established a National Advisory
Council on Indian Education (hereafter in this section
referred to as the `Council'), which shall--
``(1) consist of 15 Indian members, who shall be appointed
by the President from lists of nominees furnished, from time
to time, by Indian tribes and organizations; and
``(2) represent different geographic areas of the United
States.
``(b) Duties.--The Council shall--
``(1) advise the Secretary concerning the funding and
administration (including the development of regulations and
administrative policies and practices) of any program,
including any program established under this part--
``(A) with respect to which the Secretary has jurisdiction;
and
``(B)(i) that includes Indian children or adults as
participants; or
``(ii) that may benefit Indian children or adults;
``(2) make recommendations to the Secretary for filling the
position of Director of Indian Education whenever a vacancy
occurs; and
``(3) submit to the Congress, not later than June 30 of
each year, a report on the activities of the Council,
including--
``(A) any recommendations that the Council considers
appropriate for the improvement of Federal education programs
that include Indian children or adults as participants, or
that may benefit Indian children or adults; and
``(B) recommendations concerning the funding of any program
described in subparagraph (A).
``SEC. 9152. PEER REVIEW.
``The Secretary may use a peer review process to review
applications submitted to the Secretary under subpart 2, 3,
or 4.
``SEC. 9153. PREFERENCE FOR INDIAN APPLICANTS.
``In making grants under subpart 2, 3, or 4, the Secretary
shall give a preference to Indian tribes, organizations, and
institutions of higher education under any program with
respect to which Indian tribes, organizations, and
institutions are eligible to apply for grants.
``SEC. 9154. MINIMUM GRANT CRITERIA.
``The Secretary may not approve an application for a grant
under subpart 2 or 3 unless the application is for a grant
that is--
``(1) of sufficient size, scope, and quality to achieve the
purpose or objectives of such grant; and
``(2) based on relevant research findings.
``Subpart 6--Definitions; Authorizations of Appropriations
``SEC. 9161. DEFINITIONS.
``As used in this part:
``(1) Adult.--The term `adult' means an individual who--
``(A) has attained the age of 16 years; or
``(B) has attained an age that is greater than the age of
compulsory school attendance under an applicable State law.
``(2) Adult education.--The term `adult education' has the
meaning given such term in section 312(2) of the Adult
Education Act.
``(3) Free public education.--The term `free public
education' means education that is--
``(A) provided at public expense, under public supervision
and direction, and without tuition charge; and
``(B) provided as elementary or secondary education in the
applicable State or to preschool children.
``(4) Indian.--The term `Indian' means an individual who
is--
``(A) a member of an Indian tribe or band, as membership is
defined by the tribe or band, including--
``(i) any tribe or band terminated since 1940; and
``(ii) any tribe or band recognized by the State in which
the tribe or band resides;
``(B) a descendant, in the first or second degree, of an
individual described in subparagraph (A);
``(C) considered by the Secretary of the Interior to be an
Indian for any purpose;
``(D) an Eskimo, Aleut, or other Alaska Native; or
``(E) a member of an organized Indian group that received a
grant under the Indian Education Act of 1988 as it was in
effect the day preceding the date of enactment of the Act
entitled the `Improving America's Schools Act of 1994'.
``SEC. 9162. AUTHORIZATIONS OF APPROPRIATIONS.
``(a) Subpart 1.--For the purpose of carrying out subpart 1
of this part, there are authorized to be appropriated to the
Department of Education $61,300,000 for fiscal year 1995 and
such sums as may be necessary for each of the four succeeding
fiscal years.
``(b) Subparts 2 Through 4.--For the purpose of carrying
out subparts 2, 3, and 4 of this part, there are authorized
to be appropriated to the Department of Education $26,000,000
for fiscal year 1995 and such sums as may be necessary for
each of the four succeeding fiscal years.
``(c) Subpart 5.--For the purpose of carrying out subpart 5
of this part, there are authorized to be appropriated to the
Department of Education $3,775,000 for fiscal year 1995 and
such sums as may be necessary for each of the four succeeding
fiscal years.
``PART B--NATIVE HAWAIIANS
``SEC. 9201. SHORT TITLE.
``This part may be cited as the `Native Hawaiian Education
Act'.
``SEC. 9202. FINDINGS.
``The Congress finds and declares as follows:
``(1) Native Hawaiians are a distinct and unique indigenous
people with a historical continuity to the original
inhabitants of the Hawaiian archipelago, whose society was
organized as a nation and internationally recognized as such
by the United States, Britain, France and Japan, as evidenced
by trea-
[[Page 2170]]
ties governing friendship, commerce, and navigation.
``(2) At the time of the arrival of the first non-
indigenous people in Hawai`i in 1778, the Native Hawaiian
people lived in a highly organized, self-sufficient
subsistence social system based on a communal land tenure
system with a sophisticated language, culture, and religion.
``(3) A unified monarchial government of the Hawaiian
Islands was established in 1810 under Kamehameha I, the first
King of Hawai`i.
``(4) From 1826 until 1893, the United States recognized
the sovereignty and independence of the Kingdom of Hawai`i,
which was established in 1810 under Kamehameha I, extended
full and complete diplomatic recognition to the Kingdom of
Hawai`i, and entered into treaties and conventions with the
Kingdom of Hawai`i to govern friendship, commerce and
navigation in 1826, 1842, 1849, 1875, and 1887.
``(5) In 1893, the sovereign, independent, internationally
recognized, and indigenous government of Hawai`i, the Kingdom
of Hawai`i, was overthrown by a small group of non-Hawaiians,
including United States citizens, who were assisted in their
efforts by the United States Minister, a United States naval
representative, and armed naval forces of the United States.
Because of the participation of United States agents and
citizens in the overthrow of the Kingdom of Hawai`i, the
Congress, on behalf of the people of the United States,
apologized to Native Hawaiians for the overthrow and the
deprivation of the rights of Native Hawaiians to self-
determination through Public Law 103-150 (107 Stat. 1510).
``(6) In 1898, the joint resolution entitled `A Joint
Resolution to provide for annexing the Hawaiian Islands to
the United States', approved July 7, 1898 (30 Stat. 750),
ceded absolute title of all lands held by the Republic of
Hawai`i, including the government and crown lands of the
former Kingdom of Hawai`i, to the United States, but mandated
that revenue generated from these lands be used `solely for
the benefit of the inhabitants of the Hawaiian Islands for
educational and other public purposes'.
``(7) By 1919, the Native Hawaiian population had declined
from an estimated 1,000,000 in 1778 to an alarming 22,600,
and in recognition of this severe decline, the Congress in
1921 enacted the Hawaiian Homes Commission Act, 1920, which
designated approximately 200,000 acres of ceded public lands
for homesteading by Native Hawaiians.
``(8) Through the enactment of the Hawaiian Homes
Commission Act, 1920, the Congress affirmed the special
relationship between the United States and the Native
Hawaiians, as expressed by then Secretary of the Interior
Franklin K. Lane, who was quoted in the committee report for
the Hawaiian Homes Commission Act, 1920, as saying: `One
thing that impressed me . . . was the fact that the natives
of the island who are our wards, I should say, and for whom
in a sense we are trustees, are falling off rapidly in
numbers and many of them are in poverty.'.
``(9) In 1938, the United States Congress again
acknowledged the unique status of the Hawaiian people by
including in the Act of June 20, 1938 (52 Stat. 781 et seq.),
a provision to lease lands within the National Parks
extension to Native Hawaiians and to permit fishing in the
area `only by native Hawaiian residents of said area or of
adjacent villages and by visitors under their guidance.'.
``(10) Under the Act entitled `An Act to provide for the
admission of the State of Hawai`i into the Union' Approved
March 18, 1959 (73 Stat. 4), the United States transferred
responsibility for the administration of the Hawaiian Home
Lands to the State of Hawai`i but reaffirmed the trust
relationship which existed between the United States and the
Hawaiian people by retaining the exclusive power to enforce
the trust, including the power to approve land exchanges and
legislative amendments affecting the rights of beneficiaries
under such Act.
``(11) In 1959, under the Act entitled `An Act to provide
for the admission of the State of Hawai`i into the Union',
approved March 18, 1959 (73 Stat. 4), the United States ceded
to the State of Hawai`i title to the public lands formerly
held by the United States, but mandated that such lands be
held by the State `in public trust' and reaffirmed the
special relationship which existed between the United States
and the Hawaiian people by retaining the legal responsibility
to enforce the public trust responsibility of the State of
Hawai`i for the betterment of the conditions of Native
Hawaiians, as defined in section 201(a) of the Hawaiian Homes
Commission Act, 1920.
``(12) The United States assumed special responsibilities
for Native Hawaiian lands and resources at the time of the
annexation of the Territory in 1898, upon adoption of the
Hawaiian Homes Commission Act, 1920, and upon admission of
the State of Hawai`i into the Union in 1959, and has retained
certain of those responsibilities.
``(13) In recognition of the special relationship which
exists between the United States and the Native Hawaiian
people, the Congress has extended to Native Hawaiians the
same rights and privileges accorded to American Indian,
Alaska Native, Eskimo, and Aleut communities under the Native
American Programs Act of 1974, the American Indian Religious
Freedom Act, the National Museum of the American Indian Act,
the Native American Graves Protection and Repatriation Act,
the National Historic Preservation Act, and the Native
American Languages Act.
``(14) In recognition of the special relationship which
exists between the United States and the Native Hawaiian
people, the Congress has enacted numerous special provisions
of law for the benefit of Native Hawaiians in the areas of
health, education, labor, and housing.
``(15) In 1981, the Senate instructed the Office of
Education to submit to the Congress a comprehensive report on
Native Hawaiian education. The report, entitled the `Native
Hawaiian Educational Assessment Project', was released in
1983 and documented that Native Hawaiians scored below parity
with national norms on standardized achievement tests, were
disproportionately represented in many negative social and
physical statistics, indicative of special educational needs,
and had educational needs which were related to their unique
cultural situation, such as different learning styles and low
self-image.
``(16) In recognition of the educational needs of Native
Hawaiians, in 1988, the Congress enacted title IV of the
Augustus F. Hawkins-Robert T. Stafford Elementary and
Secondary School Improvement Amendments of 1988 to authorize
and develop supplemental educational programs to benefit
Native Hawaiians.
``(17) In 1993, the Kamehameha Schools Bishop Estate
released a ten-year update of the Native Hawaiian Educational
Assessment Project, which found that despite the successes of
the programs established under title IV of the Augustus F.
Hawkins-Robert T. Stafford Elementary and Secondary School
Improvement Amendments of 1988, many of the same educational
needs still exist for Native Hawaiians. For example--
``(A) educational risk factors continue to start even
before birth for many Native Hawaiian children, including--
``(i) late or no prenatal care;
``(ii) half of Native Hawaiian women who give birth are
unmarried; and
``(iii) high rates of births to teenage parents;
``(B) Native Hawaiian students continue to begin their
school experience lagging behind other students in terms of
readiness factors such as vocabulary test scores;
``(C) Native Hawaiian students continue to score below
national norms on standardized education achievement tests at
all grade levels;
``(D) both public and private schools continue to show a
pattern of lower percentages of Native Hawaiian students in
the uppermost achievement levels and in gifted and talented
programs;
``(E) Native Hawaiian students continue to be
overrepresented among students qualifying for special
education programs provided to students with learning
disabilities, mild mental retardation, emotional impairment,
and other such disabilities;
``(F) Native Hawaiians continue to be underrepresented in
institutions of higher education and among adults who have
completed four or more years of college;
``(G) Native Hawaiians continue to be disproportionately
represented in many negative social and physical statistics,
indicative of special educational needs, for example--
``(i) Native Hawaiian students are more likely to be
retained in grade level and to be excessively absent in
secondary school;
``(ii) Native Hawaiian students are the highest users of
drugs and alcohol in the State of Hawai`i; and
``(iii) Native Hawaiian children continue to be
disproportionately victimized by child abuse and neglect; and
``(H) Native Hawaiians now comprise over 23 percent of the
students served by the State of Hawai`i Department of
Education and there are and will continue to be
geographically rural, isolated areas with a high Native
Hawaiian population density.
``(18) The findings described in paragraphs (1) through
(17) are contrary to the high rate of literacy and
integration of traditional culture and Western education
achieved by Native Hawaiians through a Hawaiian language-
based public school system established in 1840 by Kamehameha
III.
``(19) After the overthrow of the Kingdom of Hawai`i in
1893, Hawaiian medium schools were banned. After annexation,
throughout the territorial and statehood period, and until
1986, use of Hawaiian as a medium of education in public
schools was declared unlawful, thereby causing incalculable
harm to a culture that placed a very high value on the power
of language, as exemplified in the traditional saying: `I ka
`olelo no ke ola; I ka `olelo no ka make. In the language
rests life; In the language rests death.'.
``(20) Despite the consequences of over 100 years of
nonindigenous influence, the Native Hawaiian people are
determined to preserve, develop, and transmit to future
generations their ancestral territory, and their cultural
identity in accordance with their own spiritual and
traditional beliefs, customs, practices, language, and social
institutions.
``(21) The State of Hawai`i, in the constitution and
statutes of the State of Hawai`i--
``(A) reaffirms and protects the unique right of the Native
Hawaiian people to practice and perpetuate their culture and
religious customs, beliefs, practices, and language; and
``(B) recognizes the traditional language of the Native
Hawaiian people as an official language of the State of
Hawai`i, which may be used as the language of instruction for
all subjects and grades in the public school system.
``SEC. 9203. PURPOSE.
``It is the purpose of this part to--
[[Page 2171]]
``(1) authorize and develop supplemental educational
programs to assist Native Hawaiians in reaching the National
Education Goals;
``(2) provide direction and guidance to appropriate
Federal, State, and local agencies to focus resources,
including resources made available under this part, on Native
Hawaiian education, through the establishment of a Native
Hawaiian Education Council, and five island councils;
``(3) supplement and expand existing programs and
authorities in the area of education to further the purposes
of the title; and
``(4) encourage the maximum participation of Native
Hawaiians in planning and management of Native Hawaiian
Education Programs.
``SEC. 9204. NATIVE HAWAIIAN EDUCATION COUNCIL AND ISLAND
COUNCILS.
``(a) Establishment of Native Hawaiian Education Council.--
In order to better effectuate the purposes of this part
through the coordination of educational and related services
and programs available to Native Hawaiians, including those
programs receiving funding under this part, the Secretary is
authorized to establish a Native Hawaiian Education Council
(hereafter in this part referred to as the `Education
Council').
``(b) Composition of Education Council.--The Education
Council shall consist of not more than 25 members, including
a representative of--
``(1) each recipient of funds from the Secretary under this
part;
``(2) the State of Hawai`i Department of Education;
``(3) the State of Hawai`i Office of Hawaiian Affairs;
``(4) Native Hawaiian educational organizations, such as
Alu Like, Inc., Kamehameha Schools Bishop Estate, Hawaiian
Language Immersion Advisory Council, Aha Punana Leo, and the
Queen Lili`uokalani Trust and Children's Center; and
``(5) each Native Hawaiian education island council
established under subsection (f).
``(c) Conditions and Terms.--At least three-fourths of the
members of the Education Council shall be Native Hawaiians.
Members of the Education Council shall be appointed for
three-year terms.
``(d) Administrative Grant for the Education Council.--The
Secretary shall make a direct grant to the Education Council
in order to enable the Education Council to--
``(1) coordinate the educational and related services and
programs available to Native Hawaiians, including the
programs assisted under this part, and assess the extent to
which such services and programs meet the needs of Native
Hawaiians; and
``(2) provide direction and guidance, through the issuance
of reports and recommendations, to appropriate Federal,
State, and local agencies in order to focus and improve the
use of resources, including resources made available under
this part, on Native Hawaiian education.
``(e) Additional Duties of the Education Council.--
``(1) In general.--The Education Council shall provide
copies of any reports and recommendations issued by the
Education Council to the Secretary, the Committee on Indian
Affairs of the Senate, and the Committee on Education and
Labor of the House of Representatives, including any
information that the Education Council provides to the
Secretary pursuant to subsection (i).
``(2) Annual report.--The Education Council shall present
to the Secretary an annual report on the Education Council's
activities.
``(3) Island council support and assistance.--The Education
Council shall provide such administrative support and
financial assistance to the island councils established
pursuant to subsection (f) as the Secretary deems
appropriate.
``(f) Establishment of Island Councils.--
``(1) In general.--In order to better effectuate the
purposes of this part and to ensure the adequate
representation of island and community interests within the
Education Council, the Office of Hawaiian Affairs of the
State of Hawai`i is authorized to facilitate the
establishment of Native Hawaiian education island councils
(hereafter in this part referred to as `island councils') for
the following islands:
``(A) Hawai`i.
``(B) Maui and Lana`i.
``(C) Moloka`i.
``(D) Kaua`i and Ni`ihau.
``(E) O`ahu.
``(2) Composition of island councils.--Each island council
shall consist of parents, students, and other community
members who have an interest in the education of Native
Hawaiians, and shall be representative of the educational
needs of all age groups, from preschool through adulthood. At
least three-fourths of the members of each island council
shall be Native Hawaiians
``(g) Administrative Provisions Relating to Education
Council and Island Councils.--The Education Council and each
island council shall meet at the call of the chairperson of
the respective council, or upon the request of the majority
of the members of the respective council, but in any event
not less than four times during each calendar year. The
provisions of the Federal Advisory Committee Act shall not
apply to the Education Council and each island council.
``(h) Compensation.--Members of the Education Council and
each island council shall not receive any compensation for
services on the Education Council and each island council,
respectively.
``(i) Report.--Not later than four years after the date of
the enactment of the Improving America's Schools Act of 1994,
the Secretary shall prepare and submit to the Committee on
Indian Affairs of the Senate, and the Committee on Education
and Labor of the House of Representatives, a report which
summarizes the annual reports of the Education Council,
describes the allocation and utilization of funds under this
part, and contains recommendations for changes in Federal,
State, and local policy to advance the purposes of this part.
``(j) Authorization of Appropriations.--There are
authorized to be appropriated $500,000 for fiscal year 1995,
and such sums as may be necessary for each of the 4
succeeding fiscal years, to carry out this section. Funds
appropriated under the authority of this subsection shall
remain available until expended.
``SEC. 9205. NATIVE HAWAIIAN FAMILY-BASED EDUCATION CENTERS.
``(a) General Authority.--The Secretary is authorized to
make direct grants, to Native Hawaiian educational
organizations or educational entities with experience in
developing or operating Native Hawaiian programs or programs
of instruction conducted in the Native Hawaiian language, to
expand the operation of Family-Based Education Centers
throughout the Hawaiian Islands. The programs of such centers
may be conducted in the Hawaiian language, the English
language, or a combination thereof, and shall include--
``(1) parent-infant programs for prenatal through three-
year-olds;
``(2) preschool programs for four- and five-year-olds;
``(3) continued research and development; and
``(4) a long-term followup and assessment program, which
may include educational support services for Native Hawaiian
language immersion programs or transition to English speaking
programs.
``(b) Administrative Costs.--Not more than 7 percent of the
funds appropriated to carry out the provisions of this
section for any fiscal year may be used for administrative
purposes.
``(c) Authorization of Appropriations.--In addition to any
other amount authorized to be appropriated for the centers
described in subsection (a), there are authorized to be
appropriated $6,000,000 for fiscal year 1995, and such sums
as may be necessary for each of the four succeeding fiscal
years, to carry out this section. Funds appropriated under
the authority of this subsection shall remain available until
expended.
``SEC. 9206. NATIVE HAWAIIAN HIGHER EDUCATION PROGRAM.
``(a) General Authority.--
``(1) In general.--The Secretary is authorized to make
direct grants, to Native Hawaiian educational organizations
or educational entities with experience in developing or
operating Native Hawaiian programs or programs of instruction
conducted in the Native Hawaiian language, to enable such
organizations or entities to provide a program of
baccalaureate and post-baccalaureate fellowship assistance to
Native Hawaiian students.
``(2) Activities.--Such program may include--
``(A) full or partial fellowship support for Native
Hawaiian students enrolled at two- or four-year degree
granting institutions of higher education with awards to be
based on academic potential and financial need; and
``(B) full or partial fellowship support for Native
Hawaiian students enrolled at post-baccalaureate degree
granting institutions of higher education with priority given
to providing fellowship support for professions in which
Native Hawaiians are underrepresented and with fellowship
awards to be based on academic potential and financial need;
``(C) counseling and support services for students
receiving fellowship assistance under paragraph (1);
``(D) college preparation and guidance counseling at the
secondary school level for students who may be eligible for
fellowship support pursuant to subsection (a)(2)(A);
``(E) appropriate research and evaluation of the activities
authorized by this section; and
``(F) implementation of faculty development programs for
the improvement and matriculation of Native Hawaiian
students.
``(b) Special Conditions Required.--For the purpose of
fellowships awarded under subsection (a), fellowship
conditions shall be established whereby fellowship recipients
obtain an enforceable contract obligation to provide their
professional services, either during the fellowship period or
upon completion of a baccalaureate or post-baccalaureate
degree program, to the Native Hawaiian community.
``(c) Special Rule.--No policy shall be made in
implementing this section to prevent a Native Hawaiian
student enrolled at an accredited two- or four- year degree
granting institution of higher education outside of the State
of Hawai`i from receiving a fellowship pursuant to
subsections (a) and (b) of this section.
``(d) Administrative Costs.--Not more than 7 percent of the
funds appropriated to carry out the provisions of this
section for any fiscal year may be used for administrative
purposes.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated $2,000,000 for fiscal year
1995, and such sums
[[Page 2172]]
as may be necessary for each of the four succeeding fiscal
years, to carry out this section. Funds appropriated under
the authority of this subsection shall remain available until
expended.
``SEC. 9207. NATIVE HAWAIIAN GIFTED AND TALENTED PROGRAM.
``(a) General Authority.--The Secretary is authorized to
make a grant, to a Native Hawaiian educational organization
or an educational entity with experience in developing or
operating Native Hawaiian programs or programs of instruction
conducted in the Native Hawaiian language, for a gifted and
talented program designed to--
``(1) address the special needs of Native Hawaiian
elementary and secondary school students who are gifted and
talented students; and
``(2) provide those support services to the families of
such students that are needed to enable such students to
benefit from the program.
``(b) Uses of Funds.--The program funded under this section
may include--
``(1) the identification of the special needs of Native
Hawaiian gifted and talented students, particularly with
respect to--
``(A) the emotional and psychosocial needs of such
students; and
``(B) the provision of those support services to the
families of such students that are needed to enable such
students to benefit from the program;
``(2) the conduct of educational, psychosocial, and
developmental activities which hold reasonable promise of
resulting in substantial progress toward meeting the
educational needs of such students, including demonstrating
and exploring the use of the Native Hawaiian language and
exposure to Native Hawaiian cultural traditions;
``(3) leadership programs designed to--
``(A) replicate programs throughout the State of Hawai`i
for gifted and talented students who are not served under
this section; and
``(B) coordinate with other Native American gifted and
talented leadership programs, including the dissemination of
information derived from the program conducted under this
section; and
``(4) appropriate research, evaluation, and related
activities pertaining to--
``(A) the needs of such students; and
``(B) the provision of those support services to the
families of such students that are needed to enable such
students to benefit from the program.
``(c) Information Provision.--The Secretary is authorized
to facilitate the establishment of a national network of
Native Hawaiian and American Indian Gifted and Talented
Centers, and ensure that the information developed by these
centers shall be readily available to the educational
community at large.
``(d) Administrative Costs.--Not more than 7 percent of the
funds appropriated to carry out the provisions of this
section for any fiscal year may be used for administrative
purposes.
``(e) Authorization of Appropriations.--In addition to any
other amount authorized to be appropriated for the program
described in this section, there are authorized to be
appropriated $1,500,000 for fiscal year 1995, and such sums
as may be necessary for each of the 4 succeeding fiscal
years, to carry out this section. Funds appropriated under
the authority of this subsection shall remain available until
expended.
``SEC. 9208. NATIVE HAWAIIAN SPECIAL EDUCATION PROGRAM.
``(a) General Authority.--The Secretary is authorized to
make grants to, or enter into contracts with, Native Hawaiian
educational organizations or educational entities with
experience in developing or operating Native Hawaiian
programs or programs of instruction conducted in the Native
Hawaiian language, to operate a program to address the
special education needs of Native Hawaiian students. Such
program may include--
``(1) the identification of Native Hawaiian students with
disabilities or who are otherwise in need of special
educational services;
``(2) the identification of the special education needs of
such students, particularly with respect to--
``(A) the emotional and psychosocial needs of such
students; and
``(B) the provision of those support services to the
families of such students that are needed to enable such
students to benefit from the program;
``(3) the conduct of educational activities consistent with
part B of the Education of Individuals with Disabilities
Education Act which hold reasonable promise of resulting in
substantial progress toward meeting the educational needs of
such students;
``(4) the conduct of educational, psychosocial, and
developmental activities which hold reasonable promise of
resulting in substantial progress toward meeting the
educational needs of such students, including demonstrating
and exploring the use of the Native Hawaiian language and
exposure to Native Hawaiian cultural traditions; and
``(5) appropriate research, evaluation, and related
activities pertaining to--
``(A) the needs of such students;
``(B) the provision of those support services to the
families of such students that are needed to enable such
student to benefit from the program; and
``(C) the outcomes and benefits of activities assisted
under this section upon such students.
``(b) Administrative Costs.--Not more than 7 percent of the
funds appropriated to carry out the provisions of this
section for any fiscal year may be used for administrative
purposes.
``(c) Authorization of Appropriations.--In addition to any
other amount authorized to be appropriated for the program
described in this section, there are authorized to be
appropriated $2,000,000 for fiscal year 1995, and such sums
as may be necessary for each of the four succeeding fiscal
years, to carry out this section. Funds appropriated under
the authority of this subsection shall remain available until
expended.
``SEC. 9209. NATIVE HAWAIIAN CURRICULUM DEVELOPMENT, TEACHER
TRAINING AND RECRUITMENT PROGRAM.
``(a) General Authority.--The Secretary is authorized to
make direct grants, to Native Hawaiian educational
organizations or educational entities with experience in
developing or operating Native Hawaiian programs or programs
of instruction conducted in the Native Hawaiian language, for
the following purposes:
``(1) Curricula.--The development of curricula to address
the needs of Native Hawaiian students, particularly
elementary and secondary school students, which may include
programs of instruction conducted in the Native Hawaiian
language, and mathematics and science curricula incorporating
the relevant application of Native Hawaiian culture and
traditions.
``(2) Preteacher training.--The development and
implementation of preteacher training programs in order to
ensure that student teachers within the State of Hawai`i,
particularly student teachers who are likely to be employed
in schools with a high concentration of Native Hawaiian
students, are prepared to better address the unique needs of
Native Hawaiian students, within the context of Native
Hawaiian culture, language and traditions.
``(3) Inservice teacher training.--The development and
implementation of inservice teacher training programs, in
order to ensure that teachers, particularly teachers employed
in schools with a high concentration of Native Hawaiian
students, are prepared to better address the unique needs of
Native Hawaiian students, within the context of Native
Hawaiian culture, language and traditions.
``(4) Teacher recruitment.--The development and
implementation of teacher recruitment programs to meet the
objectives of--
``(A) enhancing teacher recruitment within communities with
a high concentration of Native Hawaiian students; and
``(B) increasing the numbers of teachers who are of Native
Hawaiian ancestry.
``(b) Priority.--In awarding grants under this section, the
Secretary shall give priority to awarding grants for
activities described in subsection (a) that--
``(1) focus on the needs of at-risk youth; or
``(2) employ a program of instruction conducted in the
Native Hawaiian language, except that entities receiving
grants awarded pursuant to subsection (a)(2) shall coordinate
in the development of new curricula.
``(c) Administrative Costs.--Not more than 7 percent of the
funds appropriated to carry out the provisions of this
section for any fiscal year may be used for administrative
purposes.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated $2,000,000 for fiscal year
1995, and such sums as may be necessary for each of the four
succeeding fiscal years, to carry out this section. Funds
appropriated under the authority of this subsection shall
remain available until expended.
``SEC. 9210. NATIVE HAWAIIAN COMMUNITY-BASED EDUCATION
LEARNING CENTERS.
``(a) General Authority.--The Secretary is authorized to
make direct grants, to collaborative efforts between
community-based Native Hawaiian organizations and community
colleges, to develop, establish, and operate a minimum of
three community-based education learning centers.
``(b) Purpose.--The learning centers described in
subsection (a) shall meet the needs of families and
communities through interdepartmental and interagency
coordination of new and existing public and private programs
and services, which may include--
``(1) preschool programs;
``(2) after-school programs; and
``(3) vocational and adult education programs.
``(c) Administrative Costs.--Not more than 7 percent of the
funds appropriated to carry out the provisions of this
section for any fiscal year may be used for administrative
purposes.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated $1,000,000 for fiscal year
1995, and such sums as may be necessary for each of the four
succeeding fiscal years, to carry out this section. Funds
appropriated under the authority of this subsection shall
remain available until expended.
``SEC. 9211. ADMINISTRATIVE PROVISIONS.
``(a) Application Required.--No grant may be made under
this part, nor any contract be entered into under this part,
unless an application is submitted to the Secretary in such
form, in such manner, and containing such information as the
Secretary may determine necessary to carry out the provisions
of this title.
``(b) Special Rule.--Each application submitted under this
title shall be accompanied by the comments of each local
educational agency serving students who will participate in
the project for which assistance is sought.
[[Page 2173]]
``SEC. 9212. DEFINITIONS.
``For the purposes of this part--
``(1) The term `Native Hawaiian' means any individual who
is--
``(A) a citizen of the United States; and
``(B) a descendant of the aboriginal people, who prior to
1778, occupied and exercised sovereignty in the area that now
comprises the State of Hawai`i, as evidenced by--
``(i) genealogical records;
``(ii) Kupuna (elders) or Kama`aina (long-term community
residents) verification; or
``(iii) certified birth records.
``(2) The term `Native Hawaiian educational organization'
means a private nonprofit organization that--
``(A) serves the interests of Native Hawaiians;
``(B) has Native Hawaiians in substantive and policymaking
positions within the organization;
``(C) has a demonstrated expertise in the education of
Native Hawaiian youth; and
``(D) has demonstrated expertise in research and program
development.
``(3) The term `Native Hawaiian Organization' means a
private nonprofit organization that--
``(A) serves the interests of Native Hawaiians;
``(B) has Native Hawaiians in substantive and policymaking
positions within the organizations; and
``(C) is recognized by the Governor of Hawai`i for the
purpose of planning, conducting, or administering programs
(or portions of programs) for the benefit of Native
Hawaiians.
``(4) The term `Native Hawaiian language' means the single
Native American language indigenous to the original
inhabitants of the State of Hawai`i.
``(5) The term `Office of Hawaiian Affairs' means the
Office of Hawaiian Affairs established by the Constitution of
the State of Hawai`i.
``(6) The term `Native Hawaiian community-based
organization' means any organization which is composed
primarily of Native Hawaiians from a specific community and
which assists in the social, cultural and educational
development of Native Hawaiians in that community.
``PART C--ALASKA NATIVE EDUCATION
``SEC. 9301. SHORT TITLE.
``This part may be cited as the `Alaska Native Educational
Equity, Support and Assistance Act'.
``SEC. 9302. FINDINGS.
``The Congress finds and declares:
``(1) The attainment of educational success is critical to
the betterment of the conditions, long term well being and
preservation of the culture of Alaska Natives.
``(2) It is the policy of the Federal Government to
encourage the maximum participation by Alaska Natives in the
planning and the management of Alaska Native education
programs.
``(3) Alaska Native children enter and exit school with
serious educational handicaps.
``(4) The educational achievement of Alaska Native children
is far below national norms. In addition to low Native
performance on standardized tests, Native student drop out
rates are high, and Natives are significantly
underrepresented among holders of baccalaureate degrees in
the State of Alaska. As a result Native students are being
denied their opportunity to become full participants in
society by grade school and high school educations that are
condemning an entire generation to an underclass status and a
life of limited choices.
``(5) The programs authorized herein, combined with
expanded Head Start, infant learning and early childhood
education programs, and parent education programs are
essential if educational handicaps are to be overcome.
``(6) The sheer magnitude of the geographic barriers to be
overcome in delivering educational services in rural and
village Alaska should be addressed through the development
and implementation of innovative, model programs in a variety
of areas.
``(7) Congress finds that Native children should be
afforded the opportunity to begin their formal education on a
par with their non-Native peers. The Federal Government
should lend support to efforts developed by and undertaken
within the Alaska Native community to improve educational
opportunity for all students.
``SEC. 9303. PURPOSE.
``It is the purpose of this part to--
``(1) recognize the unique educational needs of Alaska
Natives;
``(2) authorize the development of supplemental educational
programs to benefit Alaska Natives;
``(3) supplement existing programs and authorities in the
area of education to further the purposes of this part; and
``(4) provide direction and guidance to appropriate
Federal, State and local agencies to focus resources,
including resources made available under this part, on
meeting the educational needs of Alaska Natives.
``SEC. 9304. ALASKA NATIVE EDUCATIONAL PLANNING, CURRICULUM
DEVELOPMENT, TEACHER TRAINING AND RECRUITMENT
PROGRAM.
``(a) General Authority.--The Secretary shall make direct
grants to Alaska Native organizations or educational entities
with experience in developing or operating Alaska Native
programs or programs of instruction conducted in Alaska
Native languages, or to partnerships involving Alaska Native
organizations, for the following purposes:
``(1) Educational planning.--The consolidation of existing
educational plans, recommendations and research into
implementation methods and strategies to improve schooling
for Alaska Natives.
``(2) Implementation of educational plans.--The adoption
and implementation of specific educational plans developed
under subsection (1) above.
``(3) Curricula.--The development of curricula to address
the needs of Alaska Native students, particularly elementary
and secondary school students, which may include innovative
programs and pilot and demonstration programs to develop and
introduce curriculum materials that reflect cultural
diversities or the contributions of Alaska Native people,
programs of instruction conducted in Native languages, and
the development of networks to introduce successful
techniques, programs and curriculum materials to rural and
urban schools, including:
``(A) multimedia social studies curricula which fully and
accurately portray the role of Native Americans historically
and contemporarily; and
``(B) curricula and teaching materials for instructions in
Native languages.
``(4) Preteacher training.--The development and
implementation of preteacher training program in order to
ensure that student teachers within the State of Alaska,
particularly student teachers who are likely to be employed
in schools with a high concentration of Alaska Native
students, are prepared to better address the cultural
diversity and unique needs of Alaska Native students;
``(5) Teacher recruitment.--The development and
implementation of teacher recruitment programs to meet the
objectives of--
``(A) increasing the numbers of teachers who are Alaska
Natives;
``(B) enhancing teacher recruitment within communities with
a high concentration of Alaska Native students; and
``(C) improving the teacher selection processes in order to
recruit teachers who are more positively responsive to rural
conditions and who are suited for effective cross-cultural
instruction.
``(6) Inservice teacher training.--The development and
implementation of inservice teacher training programs in
order to ensure that teachers are prepared to better address
the unique needs of Alaska Native students.
``(b) Administrative Costs.--Not more than 10 percent of
the funds appropriated to carry out the provisions of this
section for any fiscal year may be used for administrative
purposes.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated $5,000,000 for fiscal year
1995, and such sums as may be necessary for each of the four
succeeding fiscal years, to carry out this section. Funds
appropriated under the authority of this subsection shall
remain available until expended.
``SEC. 9305. ALASKA NATIVE HOME BASED EDUCATION FOR PRESCHOOL
CHILDREN.
``(a) General Authority.--The Secretary shall make direct
grants to Alaska Native organizations or educational entities
with experience in developing or operating Alaska Native
programs, or to partnerships involving Alaska Native
organizations, to implement home instruction programs for
Alaska Native preschool youngsters. The objective of such
programs shall be to develop parents as educators for their
children and to assure the active involvement of parents in
the education of their children from the earliest ages.
``(b) Program Elements.--Home based education programs for
Alaska Native children shall include--
``(1) parent-infant programs for prenatal through three-
year olds;
``(2) preschool programs for four- and five-year olds;
``(3) training, education and support programs to teach
parents skills in observation, reading readiness, story
telling and critical thinking;
``(4) continued research and development; and
``(5) a long term followup and assessment program.
``(c) Eligibility of HIPPY Programs.--Programs based on the
HIPPY (Home Instruction Program for Preschool Youngsters)
model shall be eligible for funding under this section.
``(d) Administrative Costs.--Not more than 10 percent of
the funds appropriated to carry out the provisions of this
section for any fiscal year may be used for administrative
purposes.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated $2,000,000 for fiscal year 1995, and such
sums as may be necessary for each of the four succeeding
fiscal years, to carry out this section. Funds appropriated
under the authority of this subsection shall remain available
until expended.
``SEC. 9306. ALASKA NATIVE STUDENT ENRICHMENT PROGRAMS.
``(a) General Authority.--The Secretary shall make a grant
or grants to Alaska Native educational organizations or
educational entities with experience in developing or
operating Alaska Native programs, or to partnerships
including Alaska Native organizations, for enrichment
programs for Alaska Native students in the areas of science
and mathematics education. The programs shall be designed
to--
``(1) prepare qualified students from rural areas who are
preparing to enter village high schools to excel in science
and mathematics; and
[[Page 2174]]
``(2) provide those support services to the families of
such students that are needed to enable such students to
benefit from the program.
``(b) Uses of Funds.--The program funded under this section
may include--
``(1) the identification of the students eligible to
participate in the program;
``(2) the conduct of educational, psychosocial, and
developmental activities which hold reasonable promise of
resulting in substantial enrichment of the educational
performance of the participating students;
``(3) leadership programs designed to provide for the
replication of the program in other subject matter areas and
the dissemination of information derived from the program;
and
``(4) appropriate research, evaluation and related
activities pertaining to the benefits of such enrichment
programs.
``(c) Administrative Costs.--Not more than 10 percent of
the funds appropriated to carry out the provisions of this
section for any fiscal year may be used for administrative
purposes.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated $1,000,000 for fiscal year
1995, and such sums as may be necessary for each of the four
succeeding fiscal years, to carry out this section. Funds
appropriated under the authority of this subsection shall
remain available until expended.
``SEC. 9307. ADMINISTRATIVE PROVISIONS.
``(a) Application Required.--No grant may be made under
this part, nor any contract be entered into under this part,
unless an application is submitted to the Secretary in such
form, in such manner, and containing such information as the
Secretary may determine necessary to carry out the provisions
of this part.
``(b) Applications by Local School Districts or State
Educational Entities.--Local school districts or State
educational entities shall apply for funding under this Part
in partnership with Alaska Native organizations.
``(c) Consultation Required.--Each applicant for funding
shall provide for ongoing advice from and consultation with
representatives of the Alaska Native community.
``(d) Local Educational Agency Coordination.--Each local
educational agency serving students who will participate in
the program for which assistance is sought shall be informed
regarding each application submitted under this part, except
that approval by or concurrence from such local educational
agency shall not be required.
``(e) Implementation of Authorities.--The Secretary shall
expeditiously obligate funds appropriated as provided in this
part.
``SEC. 9308. DEFINITIONS.
``For purposes of this part--
``(1) the term `Alaska Native' has the same meaning as the
term `Native' has in section 3(b) of the Alaska Native Claims
Settlement Act.
``(2) the term `Alaska Native organization' means a
federally recognized tribe, consortium of tribes, regional
nonprofit Native association, and other Alaska Native
organizations that:
``(A) has or commits to acquire expertise in the education
of Alaska Natives; and
``(B) has Alaska Natives in substantive and policy-making
positions within the organization.
``TITLE X--PROGRAMS OF NATIONAL SIGNIFICANCE
``PART A--FUND FOR THE IMPROVEMENT OF EDUCATION
``SEC. 10101. FUND FOR THE IMPROVEMENT OF EDUCATION.
``(a) Fund Authorized.--From funds appropriated under
subsection (d), the Secretary is authorized to support
nationally significant programs and projects to improve the
quality of education, assist all students to meet challenging
State content standards and challenging State student
performance standards, and contribute to achievement of the
National Education Goals. The Secretary is authorized to
carry out such programs and projects directly or through
grants to, or contracts with, State and local educational
agencies, institutions of higher education, and other public
and private agencies, organizations, and institutions.
``(b) Uses of Funds.--
``(1) In general.--Funds under this section may be used
for--
``(A) activities that will promote systemic education
reform at the State and local levels, such as--
``(i) research and development related to challenging State
content and challenging State student performance standards
and opportunity-to-learn standards or strategies for student
learning;
``(ii) the development and evaluation of model strategies
for--
``(I) assessment of student learning;
``(II) professional development for teachers and
administrators;
``(III) parent and community involvement; and
``(IV) other aspects of systemic reform;
``(iii) developing and evaluating strategies for
eliminating ability-grouping practices, and developing
policies and programs that place all students on a college-
preparatory path of study, particularly in academic fields
such as mathematics, science, English, and social studies,
including comprehensive inservice programs for teachers and
pupil services personnel and academic enrichment programs
that supplement regular courses for students;
``(iv) developing and evaluating programs that directly
involve parents and family members in the academic progress
of their children;
``(v) developing and evaluating strategies for integrating
instruction and assessment such that teachers and
administrators can focus on what students should know and be
able to do at particular grade levels, which instruction
shall promote the synthesis of knowledge, encourage the
development of problem-solving skills drawing on a vast range
of disciplines, and promote the development of higher order
thinking by all students; and
``(vi) developing and evaluating strategies for supporting
professional development for teachers across all disciplines
and for pupil services personnel, guidance counselors, and
administrators, including inservice training that improves
the skills of pupil services personnel, counselors and
administrators for working with students from diverse
populations;
``(B) demonstrations at the State and local levels that are
designed to yield nationally significant results, including
approaches to public school choice and school-based
decisionmaking;
``(C) joint activities with other agencies to assist the
effort to achieve the National Education Goals, including
activities related to improving the transition from preschool
to school and from school to work, as well as activities
related to the integration of education and health and social
services;
``(D) activities to promote and evaluate counseling and
mentoring for students, including intergenerational
mentoring;
``(E) activities to promote and evaluate coordinated pupil
services programs;
``(F) activities to promote comprehensive health education;
``(G) activities to promote environmental education;
``(H) activities to promote consumer, economic, and
personal finance education, such as saving, investing, and
entrepreneurial education;
``(I) activities to promote programs to assist students to
demonstrate competence in foreign languages;
``(J) studies and evaluation of various education reform
strategies and innovations being pursued by the Federal
Government, States, and local educational agencies;
``(K) activities to promote metric education;
``(L) the identification and recognition of exemplary
schools and programs, such as Blue Ribbon Schools;
``(M) programs designed to promote gender equity in
education by evaluating and eliminating gender bias in
instruction and educational materials, identifying, and
analyzing gender inequities in educational practices, and
implementing and evaluating educational policies and
practices designed to achieve gender equity;
``(N) programs designed to reduce excessive student
mobility, retain students who move within a school district
at the same school, educate parents about the effect of
mobility on a child's education and encourage parents to
participate in school activities;
``(O) experiential-based learning, such as service-
learning;
``(P) the development and expansion of public-private
partnership programs which extend the learning experience,
via computers, beyond the classroom environment into student
homes through such programs as the Buddy System Computer
Project;
``(Q) other programs and projects that meet the purposes of
this section;
``(R) activities to promote child abuse education and
prevention programs;
``(S) activities to raise standards and expectations for
academic achievement among all students, especially
disadvantaged students traditionally underserved in schools;
``(T) activities to provide the academic support,
enrichment and motivation to enable all students to reach
such standards;
``(U) demonstrations relating to the planning and
evaluations of the effectiveness of projects under which
local educational agencies or schools contract with private
management organizations to reform a school or schools;
``(V) demonstrations that are designed to test whether
prenatal and counseling provided to pregnant students may
have a positive effect on pregnancy outcomes, with such
education and counseling emphasizing the importance of
prenatal care, the value of sound diet and nutrition habits,
and the harmful effects of smoking, alcohol, and substance
abuse on fetal development;
``(W) programs under section 10102;
``(X) programs under section 10103;
``(Y) programs under section 10104; and
``(Z) programs under section 10105;
``(2) Additional uses.--The Secretary may also use funds
under this section to complete the project periods for direct
grants or contracts awarded under the provisions of this Act,
the Fund for the Improvement and Reform of Schools and
Teaching Act, or title III of the Education for Economic
Security Act, as such Acts were in effect on the day
preceding the date of the enactment of the Improving
America's Schools Act of 1994.
``(3) Special rule.--The Secretary shall not make available
more than $1,000,000 to carry out paragraph (1)(R), nor more
than $1,000,000 to carry out paragraph (1)(V) during the
period beginning on October 1, 1994, through September 30,
1999.
``(c) Awards.--
``(1) In general.--The Secretary may--
``(A) make awards under this section on the basis of
competitions announced by the Secretary; and
[[Page 2175]]
``(B) support meritorious unsolicited proposals.
``(2) Special rule.--The Secretary shall ensure that
programs, projects, and activities supported under this
section are designed so that the effectiveness of such
programs, projects, and activities is readily ascertainable.
``(3) Peer review.--The Secretary shall use a peer review
process in reviewing applications for assistance under this
section and may use funds appropriated under subsection (d)
for the cost of such peer review.
``(d) Authorization.--For the purpose of carrying out this
section, there are authorized to be appropriated $50,000,000
for fiscal year 1995 and such sums as may be necessary for
each of the four succeeding fiscal years.
``SEC. 10102. ELEMENTARY SCHOOL COUNSELING DEMONSTRATION.
``(a) Counseling Demonstration.--
``(1) In General.--The Secretary may award grants under
this section to establish or expand elementary school
counseling programs.
``(2) Priority.--In awarding grants under this section, the
Secretary shall give special consideration to applications
describing programs that--
``(A) demonstrate the greatest need for new or additional
counseling services among the children in the elementary
schools served by the applicant;
``(B) propose the most promising and innovative approaches
for initiating or expanding elementary school counseling; and
``(C) show the greatest potential for replication and
dissemination.
``(3) Equitable distribution.--In awarding grants under
this section, the Secretary shall ensure an equitable
geographic distribution among the regions of the United
States and among urban, suburban, and rural areas.
``(4) Duration.--A grant under this section shall be
awarded for a period not to exceed three years.
``(5) Maximum grant.--A grant under this section shall not
exceed $400,000 for any fiscal year.
``(b) Applications.--
``(1) In general.--Each local educational agency desiring a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by
such information as the Secretary may reasonably require.
``(2) Contents.--Each application for a grant under this
section shall--
``(A) describe the elementary school population to be
targeted by the program, the particular personal, social,
emotional, educational, and career development needs of such
population, and the current school counseling resources
available for meeting such needs;
``(B) describe the activities, services, and training to be
provided by the program and the specific approaches to be
used to meet the needs described in subparagraph (A);
``(C) describe the methods to be used to evaluate the
outcomes and effectiveness of the program;
``(D) describe the collaborative efforts to be undertaken
with institutions of higher education, businesses, labor
organizations, community groups, social service agencies, and
other public or private entities to enhance the program and
promote school-linked services integration;
``(E) describe collaborative efforts with institutions of
higher education which specifically seek to enhance or
improve graduate programs specializing in the preparation of
elementary school counselors, school psychologists, and
school social workers;
``(F) document that the applicant has the personnel
qualified to develop, implement, and administer the program;
``(G) describe how any diverse cultural populations, if
applicable, would be served through the program;
``(H) assure that the funds made available under this part
for any fiscal year will be used to supplement and, to the
extent practicable, increase the level of funds that would
otherwise be available from non-Federal sources for the
program described in the application, and in no case supplant
such funds from non-Federal sources; and
``(I) assure that the applicant will appoint an advisory
board composed of parents, school counselors, school
psychologists, school social workers, other pupil services
personnel, teachers, school administrators, and community
leaders to advise the local educational agency on the design
and implementation of the program.
``(c) Use of Funds.--
``(1) In general.--Grant funds under this section shall be
used to initiate or expand elementary school counseling
programs that comply with the requirements in paragraph (2).
``(2) Program requirements.--Each program assisted under
this section shall--
``(A) be comprehensive in addressing the personal, social,
emotional, and educational needs of all students;
``(B) use a developmental, preventive approach to
counseling;
``(C) increase the range, availability, quantity, and
quality of counseling services in the elementary schools of
the local educational agency;
``(D) expand counseling services only through qualified
school counselors, school psychologists, and school social
workers;
``(E) use innovative approaches to increase children's
understanding of peer and family relationships, work and
self, decisionmaking, academic and career planning, or to
improve social functioning;
``(F) provide counseling services that are well-balanced
among classroom group and small group counseling, individual
counseling, and consultation with parents, teachers,
administrators, and other pupil services personnel;
``(G) include inservice training for school counselors,
school social workers, school psychologists, other pupil
services personnel, teachers, and instructional staff;
``(H) involve parents of participating students in the
design, implementation, and evaluation of a counseling
program;
``(I) involve collaborative efforts with institutions of
higher education, businesses, labor organizations, community
groups, social service agencies, or other public or private
entities to enhance the program and promote school-linked
services integration; and
``(J) evaluate annually the effectiveness and outcomes of
the counseling services and activities assisted under this
section.
``(3) Report.--The Secretary shall issue a report
evaluating the programs assisted pursuant to each grant under
this subsection at the end of each grant period in accordance
with section 14701, but in no case later than January 30,
1998.
``(4) Dissemination.--The Secretary shall make the programs
assisted under this section available for dissemination,
either through the National Diffusion Network or other
appropriate means.
``(5) Limit on administration.--Not more than five percent
of the amounts made available under this section in any
fiscal year shall be used for administrative costs to carry
out this section.
``(d) Definitions.--For purposes of this section--
``(1) the term `school counselor' means an individual who
has documented competence in counseling children and
adolescents in a school setting and who--
``(A) possesses State licensure or certification granted by
an independent professional regulatory authority;
``(B) in the absence of such State licensure or
certification, possesses national certification in school
counseling or a specialty of counseling granted by an
independent professional organization; or
``(C) holds a minimum of a master's degree in school
counseling from a program accredited by the Council for
Accreditation of Counseling and Related Educational Programs
or the equivalent;
``(2) the term `school psychologist' means an individual
who--
``(A) possesses a minimum of 60 graduate semester hours in
school psychology from an institution of higher education and
has completed 1,200 clock hours in a supervised school
psychology internship, of which 600 hours shall be in the
school setting;
``(B) possess State licensure or certification in the State
in which the individual works; or
``(C) in the absence of such State licensure or
certification, possess national certification by the National
School Psychology Certification Board;
``(3) the term `school social worker' means an individual
who holds a master's degree in social work and is licensed or
certified by the State in which services are provided or
holds a school social work specialist credential; and
``(4) the term `supervisor' means an individual who has the
equivalent number of years of professional experience in such
individual's respective discipline as is required of teaching
experience for the supervisor or administrative credential in
the State of such individual.
``SEC. 10103. PARTNERSHIPS IN CHARACTER EDUCATION PILOT
PROJECT.
``(a) Program Authorized.--
``(1) In general.--The Secretary is authorized to make up
to a total of ten grants annually to partnerships of State
educational agencies and local educational agencies for the
design and implementation of character education programs
that incorporate the elements of character listed in
subsection (d), as well as other character elements
identified by applicants.
``(2) Maximum amount of grant.--No State educational agency
shall receive more than a total of $1,000,000 in grants under
this part.
``(3) Duration.--Each grant under this section shall be
awarded for a period not to exceed five years, of which the
State educational agency shall not use more than one year for
planning and program design.
``(b) State Educational Agency Applications.--
``(1) Requirement.--Each State educational agency desiring
a grant under this section shall submit an application to the
Secretary at such time and in such manner as the Secretary
may require.
``(2) Partnerships.--Each State educational agency desiring
a grant under this section shall form a partnership with at
least one local educational agency to be eligible for
funding. The partnership shall pursue State and local
initiatives to meet the objectives of this section.
``(3) Application.--Each application under this section
shall include--
``(A) a list of the local educational agencies entering
into the partnership with the State educational agency;
``(B) a description of the goals of the partnership;
``(C) a description of activities that will be pursued by
the participating local educational agencies, including--
``(i) how parents, students, and other members of the
community, including members of private and nonprofit
organizations, will
[[Page 2176]]
be involved in the design and implementation of the program;
``(ii) curriculum and instructional practices;
``(iii) methods of teacher training and parent education
that will be used or developed; and
``(iv) examples of activities that will be carried out
under this part;
``(D) a description of how the State educational agency
will provide technical and professional assistance to its
local educational agency partners in the development and
implementation of character education programs;
``(E) a description of how the State educational agency
will evaluate the success of local programs and how local
educational agencies will evaluate the progress of their own
programs;
``(F) a description of how the State educational agency
will assist other interested local educational agencies that
are not members of the original partnership in designing and
establishing programs;
``(G) a description of how the State educational agency
will establish a clearinghouse for information on model
programs, materials, and other information the State and
local educational agencies determine to be appropriate;
``(H) an assurance that the State educational agency will
annually provide to the Secretary such information as may be
required to determine the effectiveness of the program; and
``(I) any other information that the Secretary may require.
``(4) Non-partner local educational agencies.--Any local
educational agency that was not a partner with the State when
the application was submitted may become a partner by
submitting an application for partnership to the State
educational agency, containing such information that the
State educational agency may require.
``(c) Evaluation and Program Development.--
``(1) Requirement.--Each State educational agency receiving
a grant under this section shall submit to the Secretary a
comprehensive evaluation of the program assisted under this
part, including the impact on students, teachers,
administrators, parents, and others--
``(A) by the mid-term of the program; and
``(B) not later than one year after completion of such
program.
``(2) Contracts for evaluation.--Each State educational
agency receiving a grant under this section may contract with
outside sources, including institutions of higher education,
and private and nonprofit organizations, for purposes of
evaluating their program and measuring the success of the
program toward fostering in students the elements of
character listed in subsection (b).
``(3) Factors.--Factors which may be considered in
evaluating the success of the program may include--
``(A) discipline problems;
``(B) students' grades;
``(C) participation in extracurricular activities;
``(D) parental and community involvement;
``(E) faculty and administration involvement; and
``(F) student and staff morale.
``(4) Materials and program development.--Local educational
agencies, after consulting with the State educational agency,
may contract with outside sources, including institutions of
higher education, and private and nonprofit organizations,
for assistance in developing curriculum, materials, teacher
training, and other activities related to character
education.
``(d) Elements of Character.--
``(1) In general.--Applicants desiring funding under this
part shall develop character education programs that
incorporate the following elements of character:
``(A) Caring.
``(B) Civic virtue and citizenship.
``(C) Justice and fairness.
``(D) Respect.
``(E) Responsibility.
``(F) Trustworthiness.
``(G) Any other elements deemed appropriate by the members
of the partnership.
``(2) Additional elements of character.--A local
educational agency participating under this section may,
after consultation with schools and communities of such
agency, define additional elements of character that the
agency determines to be important to the schools and
communities of such agency.
``(e) Use of Funds.--Of the total funds received by a State
educational agency in any fiscal year under this section--
``(1) not more than 30 percent of such funds may be
retained by the State educational agency, of which--
``(A) not more than 10 percent of such funds may be used
for administrative purposes; and
``(B) the remainder of such funds may be used for--
``(i) collaborative initiatives with local educational
agencies;
``(ii) the establishment of the clearinghouse, preparation
of materials, teacher training; and
``(iii) other appropriate activities; and
``(2) the remaining of such funds shall be used to award
subgrants to local educational agencies, of which--
``(A) not more than 10 percent of such funds may be
retained for administrative purposes; and
``(B) the remainder of such funds may be used to--
``(i) award subgrants to schools within the local
educational agency; and
``(ii) pursue collaborative efforts with the State
educational agency.
``(f) Selection of Grantees.--
``(1) Criteria.--The Secretary shall select, through peer
review, partnerships to receive grants under this section on
the basis of the quality of the applications submitted under
subsection (b), taking into consideration such factors as--
``(A) the quality of the activities proposed by local
educational agencies;
``(B) the extent to which the program fosters in students
the elements of character;
``(C) the extent of parental, student, and community
involvement;
``(D) the number of local educational agencies involved in
the effort;
``(E) the quality of the plan for measuring and assessing
success; and
``(F) the likelihood that the goals of the program will be
realistically achieved.
``(2) Diversity of projects.--The Secretary shall approve
applications under this section in a manner that ensures, to
the extent practicable, that programs assisted under this
section--
``(A) serve different areas of the Nation, including urban,
suburban, and rural areas; and
``(B) serve schools that serve minorities, Native
Americans, students of limited-English proficiency, and
disadvantaged students.
``SEC. 10104. PROMOTING SCHOLAR-ATHLETE COMPETITIONS.
``(a) In General.--The Secretary is authorized to award a
grant to a nonprofit organization to reimburse such
organizations for the costs of conducting scholar-athlete
games to be held in 1995.
``(b) Priority.--In awarding the grant under subsection
(a), the Secretary shall give priority to a nonprofit
organization that--
``(1) is described in section 501(c)(3) of, and exempt from
taxation under section 501(a) of, the Internal Revenue Code
of 1986, and is affiliated with a university capable of
hosting a large educational, cultural, and athletic event
that will serve as a national model;
``(2) has the capability and experience in administering
federally funded scholar-athlete games;
``(3) has the ability to provide matching funds, on a
dollar-for-dollar basis, from foundations and the private
sector for the purpose of conducting a scholar-athlete
program;
``(4) has the organizational structure and capability to
administer a model scholar-athlete program in the summer of
1995;
``(5) has the organizational structure and expertise to
replicate the scholar-athlete program in various venues
throughout the United States in 1996 and thereafter, as well
as replicate such program internationally; and
``(6) has plans for conducting scholar-athlete games after
1995 without Federal assistance.
``SEC. 10105. SMALLER LEARNING COMMUNITIES.
``(a) In General.--Each local educational agency desiring a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by
such information as the Secretary may require. Each such
application shall describe--
``(1) strategies and methods the applicant will use to
create the smaller learning community or communities;
``(2) curriculum and instructional practices, including any
particular themes or emphases, to be used in the learning
environment;
``(3) the extent of involvement of teachers and other
school personnel in investigating, designing, implementing
and sustaining the smaller learning community or communities;
``(4) the process to be used for involving students,
parents and other stakeholders in the development and
implementation of the smaller learning community or
communities;
``(5) any cooperation or collaboration among community
agencies, organizations, businesses, and others to develop or
implement a plan to create the smaller learning community or
communities;
``(6) the training and professional development activities
that will be offered to teachers and others involved in the
activities assisted under this part;
``(7) the goals and objectives of the activities assisted
under this part, including a description of how such
activities will better enable all students to reach
challenging State content standards and State student
performance standards;
``(8) the methods by which the applicant will assess
progress in meeting such goals and objectives;
``(9) if the smaller learning community or communities
exist as a school-within-a-school, the relationship,
including governance and administration, of the smaller
learning community to the rest of the school;
``(10) a description of the administrative and managerial
relationship between the local educational agency and the
smaller learning community or communities, including how such
agency will demonstrate a commitment to the continuity of the
smaller learning community or communities, including the
continuity of student and teacher assignment to a particular
learning community;
``(11) how the applicant will coordinate or use funds
provided under this part with other funds provided under this
Act or other Federal laws;
[[Page 2177]]
``(12) grade levels or ages of students who will
participate in the smaller learning community or communities;
and
``(13) the method of placing students in the smaller
learning community or communities, such that students are not
placed according to ability, performance or any other
measure, so that students are placed at random or by their
own choice, not pursuant to testing or other judgments.
``(b) Authorized Activities.--Funds under this section may
be used--
``(1) to study the feasibility of creating the smaller
learning community or communities as well as effective and
innovative organizational and instructional strategies that
will be used in the smaller learning community or
communities;
``(2) to research, develop and implement strategies for
creating the smaller learning community or communities, as
well as effective and innovative changes in curriculum and
instruction, geared to high State content standards and State
student performance standards;
``(3) to provide professional development for school staff
in innovative teaching methods that challenge and engage
students to be used in the smaller learning community or
communities; and
``(4) to develop and implement strategies to include
parents, business representatives, local institutions of
higher education, community-based organizations, and other
community members in the smaller learning communities, as
facilitators of activities that enable teachers to
participate in professional development activities, as well
as to provide links between students and their community.
``SEC. 10106. NATIONAL STUDENT AND PARENT MOCK ELECTION.
``(a) In General.--The Secretary is authorized to award
grants to national nonprofit, nonpartisan organizations that
work to promote voter participation in American elections to
enable such organizations to carry out voter education
activities for students and their parents. Such activities
shall--
``(1) be limited to simulated national elections that
permit participation by students and parents from all 50
States in the United States; and
``(2) consist of--
``(A) school forums and local cable call-in shows on the
national issues to be voted upon in an `issue forum';
``(B) speeches and debates before students and parents by
local candidates or stand-ins for such candidates;
``(C) quiz team competitions, mock press conferences and
speechwriting competitions;
``(D) weekly meetings to follow the course of the campaign;
or
``(E) school and neighborhood campaigns to increase voter
turnout, including newsletters, posters, telephone chains,
and transportation.
``(b) Requirement.--Each organization receiving a grant
under this section shall present awards to outstanding
student and parent mock election projects.
``SEC. 10107. MODEL PROJECTS.
``(a) Program Authorized.--The Secretary is authorized to
award grants to cultural institutions to enable such
institutions to develop and expand model projects of outreach
activities for at-risk children in the communities served by
such institutions, including activities which integrate such
institution's cultural programming with other disciplines,
including environmental, mathematics, and science programs.
``(b) Priority.--In awarding grants under this section the
Secretary shall give priority to activities that are part of
an overall State, local, and private commitment, seek to
improve learning for at-risk youth, and are substantially
funded by State, local, or private funds.
``PART B--GIFTED AND TALENTED CHILDREN
``SEC. 10201. SHORT TITLE.
``This part may be cited as the `Jacob K. Javits Gifted and
Talented Students Education Act of 1994'.
``SEC. 10202. FINDINGS AND PURPOSES.
``(a) Findings.--The Congress finds and declares that--
``(1) all students can learn to high standards and must
develop their talents and realize their potential if the
United States is to prosper;
``(2) gifted and talented students are a national resource
vital to the future of the Nation and its security and well-
being;
``(3) too often schools fail to challenge students to do
their best work, and students who are not challenged will not
learn to challenging State content standards and challenging
State student performance standards, fully develop their
talents, and realize their potential;
``(4) unless the special abilities of gifted and talented
students are recognized and developed during such students'
elementary and secondary school years, much of such students'
special potential for contributing to the national interest
is likely to be lost;
``(5) gifted and talented students from economically
disadvantaged families and areas, and students of limited-
English proficiency are at greatest risk of being
unrecognized and of not being provided adequate or
appropriate educational services;
``(6) State and local educational agencies and private
nonprofit schools often lack the necessary specialized
resources to plan and implement effective programs for the
early identification of gifted and talented students and for
the provision of educational services and programs
appropriate to their special needs;
``(7) the Federal Government can best carry out the limited
but essential role of stimulating research and development
and personnel training and providing a national focal point
of information and technical assistance that is necessary to
ensure that the Nation's schools are able to meet the special
educational needs of gifted and talented students, and
thereby serve a profound national interest; and
``(8) the experience and knowledge gained in developing and
implementing programs for gifted and talented students can
and should be used as a basis to--
``(A) develop a rich and challenging curriculum for all
students; and
``(B) provide all students with important and challenging
subject matter to study and encourage the habits of hard
work.
``(b) Statement of Purpose.--It is the purpose of this
part--
``(1) to provide financial assistance to State and local
educational agencies, institutions of higher education, and
other public and private agencies and organizations, to
initiate a coordinated program of research, demonstration
projects, personnel training, and similar activities designed
to build a nationwide capability in elementary and secondary
schools to meet the special educational needs of gifted and
talented students;
``(2) to encourage the development of rich and challenging
curricula for all students through the appropriate
application and adaptation of materials and instructional
methods developed under this part; and
``(3) to supplement and make more effective the expenditure
of State and local funds, for the education of gifted and
talented students.
``SEC. 10203. CONSTRUCTION.
``Nothing in this part shall be construed to prohibit a
recipient of funds under this part from serving gifted and
talented students simultaneously with students with similar
educational needs, in the same educational settings where
appropriate.
``SEC. 10204. AUTHORIZED PROGRAMS.
``(a) Establishment of Program.--
``(1) In general.--From the sums appropriated under section
10207 in any fiscal year the Secretary (after consultation
with experts in the field of the education of gifted and
talented students) shall make grants to or enter into
contracts with State educational agencies, local educational
agencies, institutions of higher education, or other public
agencies and private agencies and organizations (including
Indian tribes and Indian organizations (as such terms are
defined by the Indian Self-Determination and Education
Assistance Act) and Native Hawaiian organizations) to assist
such agencies, institutions, and organizations which submit
applications in carrying out programs or projects authorized
by this part that are designed to meet the educational needs
of gifted and talented students, including the training of
personnel in the education of gifted and talented students
and in the use, where appropriate, of gifted and talented
services, materials, and methods for all students.
``(2) Application.--Each entity desiring assistance under
this part shall submit an application to the Secretary at
such time, in such manner, and containing such information as
the Secretary may reasonably require. Each such application
shall describe how--
``(A) the proposed gifted and talented services, materials,
and methods can be adapted, if appropriate, for use by all
students; and
``(B) the proposed programs can be evaluated.
``(b) Uses of Funds.--Programs and projects assisted under
this section may include--
``(1) professional development (including fellowships) for
personnel (including leadership personnel) involved in the
education of gifted and talented students;
``(2) establishment and operation of model projects and
exemplary programs for serving gifted and talented students,
including innovative methods for identifying and educating
students who may not be served by traditional gifted and
talented programs, summer programs, mentoring programs,
service learning programs, and cooperative programs involving
business, industry, and education;
``(3) training of personnel and parents involved in gifted
and talented programs with respect to the impact of gender
role socialization on the educational needs of gifted and
talented children and in gender equitable education methods,
techniques and practices;
``(4) implementing innovative strategies, such as
cooperative learning, peer tutoring and service learning;
``(5) strengthening the capability of State educational
agencies and institutions of higher education to provide
leadership and assistance to local educational agencies and
nonprofit private schools in the planning, operation, and
improvement of programs for the identification and education
of gifted and talented students and the appropriate use of
gifted and talented programs and methods to serve all
students;
``(6) programs of technical assistance and information
dissemination, including how gifted and talented programs and
methods, where appropriate, may be adapted for use by all
students; and
``(7) carrying out--
[[Page 2178]]
``(A) research on methods and techniques for identifying
and teaching gifted and talented students, and for using
gifted and talented programs and methods to serve all
students; and
``(B) program evaluations, surveys, and the collection,
analysis, and development of information needed to accomplish
the purposes of this part.
``(c) Establishment of National Center.--
``(1) In general.--The Secretary (after consultation with
experts in the field of the education of gifted and talented
students) shall establish a National Center for Research and
Development in the Education of Gifted and Talented Children
and Youth through grants to or contracts with one or more
institution of higher education or State educational agency,
or a combination or consortium of such institutions and
agencies, for the purpose of carrying out activities
described in paragraph (7) of subsection (b).
``(2) Director.--Such National Center shall have a
Director. The Secretary may authorize the Director to carry
out such functions of the National Center as may be agreed
upon through arrangements with other institutions of higher
education, State or local educational agencies, or other
public or private agencies and organizations.
``(d) Limitation.--Not more than 30 percent of the funds
available in any fiscal year to carry out the programs and
projects authorized by this section may be used to conduct
activities pursuant to subsections (b)(7) or (c).
``(e) Coordination.--Research activities supported under
this section--
``(1) shall be carried out in consultation with the Office
of Educational Research and Improvement to ensure that such
activities are coordinated with and enhance the research and
development activities supported by such Office; and
``(2) may include collaborative research activities which
are jointly funded and carried out with such Office.
``SEC. 10205. PROGRAM PRIORITIES.
``(a) General Priority.--In the administration of this part
the Secretary shall give highest priority--
``(1) to the identification of and the provision of
services to gifted and talented students who may not be
identified and served through traditional assessment methods
(including economically disadvantaged individuals,
individuals of limited-English proficiency, and individuals
with disabilities); and
``(2) to programs and projects designed to develop or
improve the capability of schools in an entire State or
region of the Nation through cooperative efforts and
participation of State and local educational agencies,
institutions of higher education, and other public and
private agencies and organizations (including business,
industry, and labor), to plan, conduct, and improve programs
for the identification of and service to gifted and talented
students, such as mentoring and apprenticeship programs.
``(b) Service Priority.--In approving applications for
assistance under section 10204(a)(2), the Secretary shall
assure that in each fiscal year at least one-half of the
applications approved under such section address the priority
described in subsection (a)(1).
``SEC. 10206. GENERAL PROVISIONS.
``(a) Participation of Private School Children and
Teachers.--In making grants and entering into contracts under
this part, the Secretary shall ensure, where appropriate,
that provision is made for the equitable participation of
students and teachers in private nonprofit elementary and
secondary schools, including the participation of teachers
and other personnel in professional development programs
serving such children.
``(b) Review, Dissemination, and Evaluation.--The Secretary
shall--
``(1) use a peer review process in reviewing applications
under this part;
``(2) ensure that information on the activities and results
of programs and projects funded under this part is
disseminated to appropriate State and local agencies and
other appropriate organizations, including nonprofit private
organizations; and
``(3) evaluate the effectiveness of programs under this
part in accordance with section 14701, both in terms of the
impact on students traditionally served in separate gifted
and talented programs and on other students, and submit the
results of such evaluation to Congress not later than January
1, 1998.
``(c) Program Operations.--The Secretary shall ensure that
the programs under this part are administered within the
Department by a person who has recognized professional
qualifications and experience in the field of the education
of gifted and talented students and who shall--
``(1) administer the programs authorized by this part;
``(2) coordinate all programs for gifted and talented
students administered by the Department;
``(3) serve as a focal point of national leadership and
information on the educational needs of gifted and talented
students and the availability of educational services and
programs designed to meet such needs; and
``(4) assist the Assistant Secretary of the Office of
Educational Research and Improvement in identifying research
priorities which reflect the needs of gifted and talented
students.
``SEC. 10207. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $10,000,000 for
fiscal year 1995 and such sums as may be necessary for each
of the four succeeding fiscal years to carry out the
provisions of this part.
``PART C--PUBLIC CHARTER SCHOOLS
``SEC. 10301. FINDINGS AND PURPOSE.
``(a) Findings.--The Congress finds that--
``(1) enhancement of parent and student choices among
public schools can assist in promoting comprehensive
educational reform and give more students the opportunity to
learn to challenging State content standards and challenging
State student performance standards, if sufficiently diverse
and high-quality choices, and genuine opportunities to take
advantage of such choices, are available to all students;
``(2) useful examples of such choices can come from States
and communities that experiment with methods of offering
teachers and other educators, parents, and other members of
the public the opportunity to design and implement new public
schools and to transform existing public schools;
``(3) charter schools are a mechanism for testing a variety
of educational approaches and should, therefore, be exempted
from restrictive rules and regulations if the leadership of
such schools commits to attaining specific and ambitious
educational results for educationally disadvantaged students
consistent with challenging State content standards and
challenging State student performance standards for all
students;
``(4) charter schools, as such schools have been
implemented in a few States, can embody the necessary mixture
of enhanced choice, exemption from restrictive regulations,
and a focus on learning gains;
``(5) charter schools, including charter schools that are
schools-within-schools, can help reduce school size, which
reduction can have a significant effect on student
achievement;
``(6) the Federal Government should test, evaluate, and
disseminate information on a variety of charter school models
in order to help demonstrate the benefits of this promising
educational reform; and
``(7) there is a strong documented need for cash flow
assistance to charter schools that are starting up, because
State and local operating revenue streams are not immediately
available.
``(b) Purpose.--It is the purpose of this part to increase
national understanding of the charter schools model by--
``(1) providing financial assistance for the design and
initial implementation of charter schools; and
``(2) evaluating the effects of such schools, including the
effects on students, student achievement, staff, and parents.
``SEC. 10302. PROGRAM AUTHORIZED.
``(a) In General.--The Secretary may award grants to State
educational agencies having applications approved pursuant to
section 10303 to enable such agencies to conduct a charter
school grant program in accordance with this part.
``(b) Special Rule.--If a State educational agency elects
not to participate in the program authorized by this part or
does not have an application approved under section 10303,
the Secretary may award a grant to an eligible applicant that
serves such State and has an application approved pursuant to
section 10303(c).
``(c) Program Periods.--
``(1) Grants to states.--Grants awarded to State
educational agencies under this part shall be awarded for a
period of not more than 3 years.
``(2) Grants to eligible applicants.--Grants awarded by the
Secretary to eligible applicants or subgrants awarded by
State educational agencies to eligible applicants under this
part shall be awarded for a period of not more than 3 years,
of which the eligible applicant may use--
``(A) not more than 18 months for planning and program
design; and
``(B) not more than 2 years for the initial implementation
of a charter school.
``(d) Limitation.--The Secretary shall not award more than
one grant and State educational agencies shall not award more
than one subgrant under this part to support a particular
charter school.
``SEC. 10303. APPLICATIONS.
``(a) Applications From State Agencies.--Each State
educational agency desiring a grant from the Secretary under
this part shall submit to the Secretary an application at
such time, in such manner, and containing or accompanied by
such information as the Secretary may require.
``(b) Contents of a State Educational Agency Application.--
Each application submitted pursuant to subsection (a) shall--
``(1) describe the objectives of the State educational
agency's charter school grant program and a description of
how such objectives will be fulfilled, including steps taken
by the State educational agency to inform teachers, parents,
and communities of the State educational agency's charter
school grant program;
``(2) contain assurances that the State educational agency
will require each eligible applicant desiring to receive a
subgrant to submit an application to the State educational
agency containing--
``(A) a description of the educational program to be
implemented by the proposed charter school, including--
``(i) how the program will enable all students to meet
challenging State student performance standards;
``(ii) the grade levels or ages of children to be served;
and
``(iii) the curriculum and instructional practices to be
used;
[[Page 2179]]
``(B) a description of how the charter school will be
managed;
``(C) a description of--
``(i) the objectives of the charter school; and
``(ii) the methods by which the charter school will
determine its progress toward achieving those objectives;
``(D) a description of the administrative relationship
between the charter school and the authorized public
chartering agency;
``(E) a description of how parents and other members of the
community will be involved in the design and implementation
of the charter school;
``(F) a description of how the authorized public chartering
agency will provide for continued operation of the school
once the Federal grant has expired, if such agency determines
that the school has met the objectives described in
subparagraph (C)(i);
``(G) a request and justification for waivers of any
Federal statutory or regulatory provisions that the applicant
believes are necessary for the successful operation of the
charter school, and a description of any State or local
rules, generally applicable to public schools, that will be
waived for, or otherwise not apply to, the school;
``(H) a description of how the subgrant funds or grant
funds, as appropriate, will be used, including a description
of how such funds will be used in conjunction with other
Federal programs administered by the Secretary;
``(I) a description of how students in the community will
be--
``(i) informed about the charter school; and
``(ii) given an equal opportunity to attend the charter
school;
``(J) an assurance that the eligible applicant will
annually provide the Secretary and the State educational
agency such information as may be required to determine if
the charter school is making satisfactory progress toward
achieving the objectives described in subparagraph (C)(i);
``(K) an assurance that the applicant will cooperate with
the Secretary and the State educational agency in evaluating
the program assisted under this part; and
``(L) such other information and assurances as the
Secretary and the State educational agency may require.
``(c) Contents of Eligible Applicant Application.--Each
eligible applicant desiring a grant pursuant to section
10302(e)(1) or 10302(b) shall submit an application to the
State educational agency or Secretary, respectively, at such
time, in such manner, and accompanied by such information as
the State educational agency or Secretary, respectively, may
reasonably require.
``(d) Contents of Application.--Each application submitted
pursuant to subsection (c) shall contain--
``(1) the information and assurances described in
subparagraphs (A) through (L) of subsection (b)(3), except
that for purposes of this subsection subparagraphs (I), (J),
and (K) of such subsection shall be applied by striking ``and
the State educational agency'' each place such term appears;
and
``(2) contain assurances that the State educational
agency--
``(A) will grant, or will obtain, waivers of State
statutory or regulatory requirements; and
``(B) will assist each subgrantee in the State in receiving
a waiver under section 10304(e);
``SEC. 10304. ADMINISTRATION.
``(a) Selection Criteria for State Educational Agencies.--
The Secretary shall award grants to State educational
agencies under this part on the basis of the quality of the
applications submitted under section 10303(b), after taking
into consideration such factors as--
``(1) the contribution that the charter schools grant
program will make to assisting educationally disadvantaged
and other students to achieving State content standards and
State student performance standards and, in general, a
State's education improvement plan;
``(2) the degree of flexibility afforded by the State
educational agency to charter schools under the State's
charter schools law;
``(3) the ambitiousness of the objectives for the State
charter school grant program;
``(4) the quality of the strategy for assessing achievement
of those objectives; and
``(5) the likelihood that the charter school grant program
will meet those objectives and improve educational results
for students.
``(b) Selection Criteria for Eligible Applicants.--The
Secretary shall award grants to eligible applicants under
this part on the basis of the quality of the applications
submitted under section 10303(c), after taking into
consideration such factors as--
``(1) the quality of the proposed curriculum and
instructional practices;
``(2) the degree of flexibility afforded by the State
educational agency and, if applicable, the local educational
agency to the charter school;
``(3) the extent of community support for the application;
``(4) the ambitiousness of the objectives for the charter
school;
``(5) the quality of the strategy for assessing achievement
of those objectives; and
``(6) the likelihood that the charter school will meet
those objectives and improve educational results for
students.
``(c) Peer Review.--The Secretary, and each State
educational agency receiving a grant under this part, shall
use a peer review process to review applications for
assistance under this part.
``(d) Diversity of Projects.--The Secretary and each State
educational agency receiving a grant under this part, shall
award subgrants under this part in a manner that, to the
extent possible, ensures that such grants and subgrants--
``(1) are distributed throughout different areas of the
Nation and each State, including urban and rural areas; and
``(2) will assist charter schools representing a variety of
educational approaches, such as approaches designed to reduce
school size.
``(e) Waivers.--The Secretary may waive any statutory or
regulatory requirement over which the Secretary exercises
administrative authority except any such requirement relating
to the elements of a charter school described in section
10306(1), if--
``(1) the waiver is requested in an approved application
under this part; and
``(2) the Secretary determines that granting such a waiver
will promote the purpose of this part.
``(f) Use of Funds.--
``(1) State educational agencies.--Each State educational
agency receiving a grant under this part shall use such grant
funds to award subgrants to one or more eligible applicants
in the State to enable such applicant to plan and implement a
charter school in accordance with this part.
``(2) Eligible applicants.--Each eligible applicant
receiving funds from the Secretary or a State educational
agency shall use such funds to plan and implement a charter
school in accordance with this part.
``(3) Allowable activities.--An eligible applicant
receiving a grant or subgrant under this part may use the
grant or subgrant funds only for--
``(A) post-award planning and design of the educational
program, which may include--
``(i) refinement of the desired educational results and of
the methods for measuring progress toward achieving those
results; and
``(ii) professional development of teachers and other staff
who will work in the charter school; and
``(B) initial implementation of the charter school, which
may include--
``(i) informing the community about the school;
``(ii) acquiring necessary equipment and educational
materials and supplies;
``(iii) acquiring or developing curriculum materials; and
``(iv) other initial operational costs that cannot be met
from State or local sources.
``(4) Administrative expenses.--Each State educational
agency receiving a grant pursuant to this part may reserve
not more than 5 percent of such grant funds for
administrative expenses associated with the charter school
grant program assisted under this part.
``(5) Revolving loan funds.--Each State educational agency
receiving a grant pursuant to this part may reserve not more
than 20 percent of the grant amount for the establishment of
a revolving loan fund. Such fund may be used to make loans to
eligible applicants that have received a subgrant under this
part, under such terms as may be determined by the State
educational agency, for the initial operation of the charter
school grant program of such recipient until such time as the
recipient begins receiving ongoing operational support from
State or local financing sources.
``SEC. 10305. NATIONAL ACTIVITIES.
``The Secretary may reserve not more than ten percent of
the funds available to carry out this part for any fiscal
year for--
``(1) peer review of applications under section 10304(c);
``(2) an evaluation of the impact of charter schools on
student achievement, including those assisted under this
part; and
``(3) other activities designed to enhance the success of
the activities assisted under this part, such as--
``(A) development and dissemination of model State charter
school laws and model contracts or other means of authorizing
and monitoring the performance of charter schools; and
``(B) collection and dissemination of information on
successful charter schools.
``SEC. 10306. DEFINITIONS.
``As used in this part:
``(1) The term `charter school' means a public school
that--
``(A) in accordance with an enabling State statute, is
exempted from significant State or local rules that inhibit
the flexible operation and management of public schools, but
not from any rules relating to the other requirements of this
paragraph;
``(B) is created by a developer as a public school, or is
adapted by a developer from an existing public school, and is
operated under public supervision and direction;
``(C) operates in pursuit of a specific set of educational
objectives determined by the school's developer and agreed to
by the authorized public chartering agency;
``(D) provides a program of elementary or secondary
education, or both;
``(E) is nonsectarian in its programs, admissions policies,
employment practices, and all other operations, and is not
affiliated with a sectarian school or religious institution;
``(F) does not charge tuition;
``(G) complies with the Age Discrimination Act of 1975,
title VI of the Civil Rights Act of 1964, title IX of the
Education Amendments of 1972, section 504 of the
Rehabilitation Act of 1973, and part B of the Individuals
with Disabilities Education Act;
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``(H) admits students on the basis of a lottery, if more
students apply for admission than can be accommodated;
``(I) agrees to comply with the same Federal and State
audit requirements as do other elementary and secondary
schools in the State, unless such requirements are
specifically waived for the purpose of this program;
``(J) meets all applicable Federal, State, and local health
and safety requirements; and
``(K) operates in accordance with State law.
``(2) The term `developer' means an individual or group of
individuals (including a public or private nonprofit
organization), which may include teachers, administrators and
other school staff, parents, or other members of the local
community in which a charter school project will be carried
out.
``(3) The term `eligible applicant' means an authorized
public chartering agency participating in a partnership with
a developer to establish a charter school in accordance with
this part.
``(4) The term `authorized public chartering agency' means
a State educational agency, local educational agency, or
other public entity that has the authority pursuant to State
law and approved by the Secretary to authorize or approve a
charter school.
``SEC. 10307. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this part, there are
authorized to be appropriated $15,000,000 for fiscal year
1995 and such sums as may be necessary for each of the four
succeeding fiscal years.
``PART D--ARTS IN EDUCATION
``Subpart 1--Arts Education
``SEC. 10401. SUPPORT FOR ARTS EDUCATION.
``(a) Findings.--The Congress finds that--
``(1) the arts are forms of understanding and ways of
knowing that are fundamentally important to education;
``(2) the arts are important to excellent education and to
effective school reform;
``(3) the most significant contribution of the arts to
education reform is the transformation of teaching and
learning;
``(4) such transformation is best realized in the context
of comprehensive, systemic education reform;
``(5) demonstrated competency in the arts for American
students is among the National Education Goals;
``(6) participation in performing arts activities has
proven to be an effective strategy for promoting the
inclusion of persons with disabilities in mainstream
settings;
``(7) opportunities in the arts have enabled persons of all
ages with disabilities to participate more fully in school
and community activities;
``(8) the arts can motivate at-risk students to stay in
school and become active participants in the educational
process; and
``(9) arts education should be an integral part of the
elementary and secondary school curriculum.
``(b) Purposes.--The purposes of this subpart are to--
``(1) support systemic education reform by strengthening
arts education as an integral part of the elementary and
secondary school curriculum;
``(2) help ensure that all students have the opportunity to
learn to challenging State content standards and challenging
State student performance standards in the arts; and
``(3) support the national effort to enable all students to
demonstrate competence in the arts in accordance with the
National Education Goals.
``(c) Eligible Recipients.--In order to carry out the
purposes of this subpart, the Secretary is authorized to
award grants to, or enter into contracts or cooperative
agreements with--
``(1) State educational agencies;
``(2) local educational agencies;
``(3) institutions of higher education;
``(4) museums and other cultural institutions; and
``(5) other public and private agencies, institutions, and
organizations.
``(d) Authorized Activities.--Funds under this subpart may
be used for--
``(1) research on arts education;
``(2) the development of, and dissemination of information
about, model arts education programs;
``(3) the development of model arts education assessments
based on high standards;
``(4) the development and implementation of curriculum
frameworks for arts education;
``(5) the development of model preservice and inservice
professional development programs for arts educators and
other instructional staff;
``(6) supporting collaborative activities with other
Federal agencies or institutions involved in arts education,
such as the National Endowment for the Arts, the Institute of
Museum Services, the John F. Kennedy Center for the
Performing Arts, Very Special Arts, and the National Gallery
of Art;
``(7) supporting model projects and programs in the
performing arts for children and youth through arrangements
made with the John F. Kennedy Center for the Performing Arts;
``(8) supporting model projects and programs by Very
Special Arts which assure the participation in mainstream
settings in arts and education programs of individuals with
disabilities;
``(9) supporting model projects and programs to integrate
arts education into the regular elementary and secondary
school curriculum; and
``(10) other activities that further the purposes of this
subpart.
``(e) Coordination.--
``(1) In general.--A recipient of funds under this subpart
shall, to the extent possible, coordinate projects assisted
under this subpart with appropriate activities of public and
private cultural agencies, institutions, and organizations,
including museums, arts education associations, libraries,
and theaters.
``(2) Special rule.--In carrying out this subpart, the
Secretary shall coordinate with the National Endowment for
the Arts, the Institute of Museum Services, the John F.
Kennedy Center for the Performing Arts, Very Special Arts,
and the National Gallery of Art.
``(f) Authorization.--
``(1) In general.--For the purpose of carrying out this
subpart, there are authorized to be appropriated $11,000,000
for fiscal year 1995 and such sums as may be necessary for
each of the four succeeding fiscal years.
``(2) Special rule.--If the amount appropriated under
paragraph (1) for any fiscal year is $9,000,000 or less, then
such amount shall only be available to carry out the
activities described in paragraphs (7) and (8) of subsection
(d).
``Subpart 2--Cultural Partnerships for At-Risk Children and Youth
``SEC. 10411. FINDINGS AND PURPOSE.
``(a) Findings.--The Congress finds:
``(1) With local school budget cuts there are inadequate
arts and cultural programs available for children and youth
in schools, especially at the elementary school level.
``(2) The arts promote progress in academic subjects as
shown by research conducted by the National Endowment for the
Arts.
``(3) Children and youth who receive instruction in the
arts and humanities, or who are involved in cultural
activities, remain in school longer and are more successful
than children who do not receive such instruction.
``(4) Learning in the arts and humanities promotes progress
in other academic subjects, and generates positive self-
esteem and a greater sense of accomplishment in young people.
``(5) School-university and school-cultural institution
partnerships that upgrade teacher training in the arts and
humanities have significantly contributed to improved
instruction and achievement levels of school-aged children.
``(6) Museum outreach, cultural activities and informal
education for at-risk children and youth have contributed
significantly to the educational achievement and enhanced
interest in learning of at-risk children and youth.
``(7) The Goals 2000: Educate America Act, other
legislation and local, State and national resources support
the integration of the arts and humanities into the regular
curriculum and school day for all children.
``(8) While all children benefit from instruction in the
arts and the humanities, at-risk children and youth have a
special, additional need for arts and cultural programs both
in school and after school.
``(b) Purpose.--The purpose of this subpart is to make
demonstration grants to eligible entities to improve the
educational performance and future potential of at-risk
children and youth by providing comprehensive and coordinated
educational and cultural services.
``SEC. 10412. PROGRAM AUTHORIZED.
``(a) In General.--The Secretary is authorized to award
grants to eligible entities to pay the Federal share of the
costs of the activities described in section 10413.
``(b) Special Requirements.--
``(1) In general.--The Secretary shall award grants under
this subpart only to programs designed to--
``(A) promote and enhance educational and cultural
activities;
``(B) provide multi-year services to at-risk children and
youth and to integrate community cultural resources into in-
school and after-school educational programs;
``(C) provide integration of community cultural resources
into the regular curriculum and school day;
``(D) focus school and cultural resources in the community
on coordinated cultural services to address the needs of at-
risk children and youth;
``(E) provide effective cultural programs to facilitate the
transition from preschool programs to elementary school
programs, including programs under the Head Start Act and
part H of the Individuals with Disabilities Education Act;
``(F) facilitate school-to-work transition from secondary
schools and alternative schools to job training, higher
education and employment through educational programs and
activities that utilize school resources;
``(G) increase parental and community involvement in the
educational, social, and cultural development of at-risk
children and youth; or
``(H)(i) develop programs and strategies that provide high-
quality coordinated educational and cultural services; and
``(ii) provide a model to replicate such services in other
schools and communities.
``(2) Partnership.--An interagency partnership comprised of
the Secretary of Education, the Chairman of the National
Endowment for the Humanities, the Chairman of the National
Endowment for the Arts, and the Director of the Institute of
Museum Services, or their designees, shall establish criteria
and procedures for awarding grants, including the
establishment of panels to review the applications, and shall
administer
[[Page 2181]]
the grants program authorized by this section. The Secretary
shall publish such criteria and procedures in the Federal
Register.
``(3) Coordination.--Grants may only be awarded under this
subpart to eligible entities that agree to coordinate
activities carried out under other Federal, State, and local
grants, received by the members of the partnership for
purposes and target populations described in this subpart,
into an integrated service delivery system located at a
school, cultural, or other community-based site accessible to
and utilized by at-risk youth.
``(4) Eligible entities.--For purposes of this subpart, the
term `eligible entity' means a partnership between--
``(A) a local educational agency or an individual school
that is eligible to participate in a schoolwide program under
section 1114; and
``(B) at least one institution of higher education, museum,
local arts agency, or cultural entity that is accessible to
individuals within the school district of such local
educational agency or school, and that has a history of
providing quality services to the community, which may
include--
``(i) nonprofit institutions of higher education, museums,
libraries, performing, presenting and exhibiting arts
organizations, literary arts organizations, State and local
arts organizations, cultural institutions, and zoological and
botanical organizations; or
``(ii) private for-profit entities with a history of
training children and youth in the arts.
``(5) Geographic distribution.--In awarding grants under
this subpart the Secretary, to the extent feasible, shall
ensure an equitable geographic distribution of such grants.
``(6) Duration.--Grants made under this subpart may be
renewable for a maximum of five years if the Secretary
determines that the eligible recipient has made satisfactory
progress toward the achievement of the program objectives
described in the application.
``(7) Models.--The Secretary, in consultation with the
Chairman of the National Endowment for the Humanities, the
Chairman of the National Endowment for the Arts and the
Director of the Institute of Museum Services, or their
designees, shall submit successful models under this title to
the National Diffusion Network for review.
``(c) Target Population.--To be eligible for a grant under
this subpart, an eligible entity shall serve--
``(1) students enrolled in schools participating in a
schoolwide program under section 1114 and the families of
such students to the extent practicable;
``(2) out-of-school children and youth at risk of
disadvantages resulting from teenage parenting, substance
abuse, recent migration, disability, limited-English
proficiency, illiteracy, being the child of a teenage parent,
living in a single parent household, or dropping out of
school; or
``(3) any combination of in-school and out-of-school at-
risk children and youth.
``SEC. 10413. AUTHORIZED ACTIVITIES.
``(a) In General.--Grants awarded under this subpart may be
used--
``(1) to plan, develop, acquire, expand, and improve
school-based or community-based coordinated educational and
cultural programs to strengthen the educational performance
and future potential of in-school or out-of-school at-risk
children and youth through grants, cooperative agreements,
contracts for services, or administrative coordination;
``(2) to provide at-risk students with integrated cultural
activities designed to develop a love of learning that
fosters the smooth transition of preschool children to
elementary school;
``(3) to design collaborative cultural activities for
students in secondary or alternative schools that ensure the
smooth transition to job training, higher education, or full
employment;
``(4) to provide child care for children of at-risk
students who would not otherwise be able to participate in
the program;
``(5) to provide transportation necessary for participation
in the program;
``(6) to work with existing school personnel to develop
curriculum materials and programs in the arts;
``(7) to work with existing school personnel on staff
development activities that encourage the integration of the
arts into the curriculum;
``(8) for stipends that allow local artists to work with
at-risk children and youth in schools;
``(9) for training individuals who are not trained to work
with children and youth;
``(10) for cultural programs that encourage the active
participation of parents in the education of their children;
``(11) for programs that use the arts and culture to reform
current school practices, including lengthening the school
day or academic year;
``(12) for equipment or supplies that the Secretary
determines appropriate; and
``(13) for evaluation, administration, and supervision.
``(b) Planning Grants.--
``(1) Application.--An eligible entity may submit an
application to the Secretary for a planning grant for an
amount not to exceed $50,000. Such grants shall be for
periods of not more than one year.
``(2) Limit on planning grants.--Not more than 10 percent
of the amounts appropriated in each fiscal year under this
subpart shall be used for grants under this subsection, and
an eligible entity may receive not more than one such
planning grant.
``(c) General Provisions.--
``(1) In general.--Each eligible entity desiring a grant
under this subpart shall submit an application to the
Secretary at such time, in such manner, and accompanied by
such information as the Secretary may reasonably require.
``(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
``(A) describe the cultural entity or entities that will
participate in the partnership;
``(B) describe the target population to be served;
``(C) describe the services to be provided;
``(D) describe a plan for evaluating the success of the
program;
``(E) in the case of each local educational agency or
school participating in the eligible recipient partnership,
describe how the activities assisted under this subpart will
be perpetuated beyond the duration of the grant;
``(F) describe the manner in which the eligible entity will
improve the educational achievement or future potential of
at-risk youth through more effective coordination of cultural
services in the community;
``(G) describe the overall and operational goals of the
program;
``(H) describe the nature and location of all planned sites
where services will be delivered and a description of
services which will be provided at each site; and
``(I) describe training that will be provided to
individuals who are not trained to work with children and
youth, and how teachers will be involved.
``SEC. 10414. PAYMENTS; AMOUNTS OF AWARD; COST SHARE;
LIMITATIONS.
``(a) Payments.--
``(1) In general.--The Secretary shall pay to each eligible
recipient having an application approved under section
10413(c) the Federal share of the cost of the activities
described in the application.
``(2) Special rule.--(A) Grants awarded under this subpart
shall be of sufficient size, scope, and quality to be
effective.
``(B) The Secretary shall award grants under this subpart
so as to ensure nonduplication of services provided by grant
recipients and services provided by--
``(i) the National Endowment for the Humanities;
``(ii) the National Endowment for the Arts; and
``(iii) the Institute of Museum Services.
``(b) Cost Share.--
``(1) Federal share.--The Federal share of a grant under
this subpart shall be 80 percent of the cost of carrying out
the activities described in the application.
``(2) Non-federal share.--The non-Federal share of a grant
under this subpart shall be 20 percent of the cost of
carrying out the activities described in the application and
may be in cash or in kind, fairly evaluated, including the
provision of equipment, services, or facilities.
``(c) Limitations.--
``(1) Noninstructional services.--Not more than 25 percent
of the grant funds provided in any fiscal year under this
subpart may be used for noninstructional activities such as
the activities described in paragraphs (4), (5), and (12) of
section 10413(a).
``(2) Supplement and not supplant.--Grant funds awarded
under this part shall be used to supplement not supplant the
amount of funds made available from non-Federal sources, for
the activities assisted under this subpart, in amounts that
exceed the amounts expended for such activities in the year
preceding the year for which the grant is awarded.
``(3) Administrative costs.--(A) The Secretary may reserve
not more than five percent of the grant funds received under
this subpart in each fiscal year for the costs of
administration.
``(B) Each eligible recipient may reserve not more than 5
percent of any grant funds received under this subpart in
each fiscal year for the costs of administration.
``SEC. 10415. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subpart, $45,000,000 for fiscal year 1995, and such sums as
may be necessary for each of the four succeeding fiscal
years.
``PART E--INEXPENSIVE BOOK DISTRIBUTION PROGRAM
``SEC. 10501. INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR
READING MOTIVATION.
``(a) Authorization.--The Secretary is authorized to enter
into a contract with Reading is Fundamental (RIF) (hereafter
in this section referred to as `the contractor') to support
and promote programs, which include the distribution of
inexpensive books to students, that motivate children to
read.
``(b) Requirements of Contract.--Any contract entered into
under subsection (a) shall--
``(1) provide that the contractor will enter into
subcontracts with local private nonprofit groups or
organizations, or with public agencies, under which each
subcontractor will agree to establish, operate, and provide
the non-Federal share of the cost of reading motivation
programs that include the distribution of books, by gift, to
the extent feasible, or loan, to children from birth through
secondary school age, including those in family literacy
programs;
``(2) provide that funds made available to subcontractors
will be used only to pay the Federal share of the cost of
such programs;
``(3) provide that in selecting subcontractors for initial
funding, the contractor will
[[Page 2182]]
give priority to programs that will serve a substantial
number or percentage of children with special needs, such
as--
``(A) low-income children, particularly in high-poverty
areas;
``(B) children at risk of school failure;
``(C) children with disabilities;
``(D) foster children;
``(E) homeless children;
``(F) migrant children;
``(G) children without access to libraries;
``(H) institutionalized or incarcerated children; and
``(I) children whose parents are institutionalized or
incarcerated;
``(4) provide that the contractor will provide such
technical assistance to subcontractors as may be necessary to
carry out the purpose of this section;
``(5) provide that the contractor will annually report to
the Secretary the number of, and describe, programs funded
under paragraph (3); and
``(6) include such other terms and conditions as the
Secretary determines to be appropriate to ensure the
effectiveness of such programs.
``(c) Restriction on Payments.--The Secretary shall make no
payment of the Federal share of the cost of acquiring and
distributing books under any contract under this section
unless the Secretary determines that the contractor or
subcontractor, as the case may be, has made arrangements with
book publishers or distributors to obtain books at discounts
at least as favorable as discounts that are customarily given
by such publisher or distributor for book purchases made
under similar circumstances in the absence of Federal
assistance.
``(d) Definition of `Federal Share'.--For the purpose of
this section, the term `Federal share' means, with respect to
the cost to a subcontractor of purchasing books to be paid
under this section, 75 percent of such costs to the
subcontractor, except that the Federal share for programs
serving children of migrant or seasonal farmworkers shall be
100 percent of such costs to the subcontractor.
``(e) Authorization of Appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated $10,300,000 for fiscal year 1995 and such sums
as may be necessary for each of the four succeeding fiscal
years.
``PART F--CIVIC EDUCATION
``SEC. 10601. INSTRUCTION ON THE HISTORY AND PRINCIPLES OF
DEMOCRACY IN THE UNITED STATES.
``(a) General Authority.--
``(1) Program established.--(A) The Secretary is authorized
to carry out a program to enhance the attainment of the third
and sixth National Education Goals by educating students
about the history and principles of the Constitution of the
United States, including the Bill of Rights, and to foster
civic competence and responsibility.
``(B) Such program shall be known as `We the People . . .
The Citizen and the Constitution'.
``(2) Educational activities.--The program required by
paragraph (1) shall--
``(A) continue and expand the educational activities of the
`We the People . . . The Citizen and the Constitution'
program administered by the Center for Civic Education; and
``(B) enhance student attainment of challenging content
standards in civics and government.
``(3) Contract or grant authorized.--The Secretary is
authorized to award a grant or enter into a contract with the
Center for Civic Education to carry out the program described
in paragraph (1).
``(b) Program Content.--The education program authorized by
this section shall provide--
``(1) a course of instruction on the basic principles of
our Nation's constitutional democracy and the history of the
Constitution and the Bill of Rights;
``(2) at the request of a participating school, school and
community simulated congressional hearings following the
course of study; and
``(3) an annual national competition of simulated
congressional hearings for secondary students who wish to
participate in such program.
``(c) Availability of Program.--The education program
authorized by this section shall be made available to public
and private elementary and secondary schools in the 435
congressional districts, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, and the District of
Columbia.
``(d) Special Rule.--After the provisions of subsection (b)
have been implemented, funds provided under this section may
be used for--
``(1) advanced training of teachers about the United States
Constitution and the political system the United States
created; or
``(2) a course of instruction at the middle school level on
the roles of State and local governments in the Federal
system established by the Constitution, which course shall
provide for--
``(A) optional school and community simulated State
legislative hearings;
``(B) an annual competition of simulated legislative
hearings at the State legislative district, State, and
national levels for middle school students who wish to
participate in the program; and
``(C) participation by public and private middle schools in
the 50 States, the District of Columbia, Commonwealth of
Puerto Rico, Guam, American Samoa, the Virgin Islands, the
Commonwealth of the Northern Mariana Islands.
``SEC. 10602. INSTRUCTION IN CIVICS, GOVERNMENT, AND THE LAW.
``(a) Program Established.--The Secretary is authorized to
carry out a program of awarding grants and contracts to
assist State and local educational agencies and other public
and private nonprofit agencies, organizations, and
institutions to enhance--
``(1) attainment by students of challenging State content
standards and challenging State student performance standards
in civics, government, and the law; and
``(2) attainment by the Nation of the third and the sixth
National Education Goals.
``(b) Authorized Activities.--Assistance under this section
may support new and ongoing programs in elementary and
secondary schools that provide for--
``(1) the development and implementation of curricular
programs that enhance student understanding of--
``(A) the values and principles which underlie, and the
institutions and processes which comprise, our Nation's
system of government;
``(B) the role of law in our constitutional democracy,
including activities to promote--
``(i) legal literacy;
``(ii) a dedication by students to the use of nonviolent
means of conflict resolution such as arbitration, mediation,
negotiation, trials, and appellate hearings; and
``(iii) respect for cultural diversity and acceptance of
cultural differences; and
``(C) the rights and responsibilities of citizenship;
``(2) professional development for teachers, including
preservice and inservice training;
``(3) outside-the-classroom learning experiences for
students, including community service activities;
``(4) the active participation of community leaders, from
the public and private sectors, in the schools; and
``(5) the provision of technical assistance to State and
local educational agencies and other institutions and
organizations working to further the progress of the Nation
in attaining the third and sixth National Education Goals
regarding civics and government.
``(c) Applications, Peer Review and Priority.--
``(1) Submission of applications.--A State or local
educational agency, other public or private nonprofit agency,
organization, or institution that desires to receive a grant
or enter into a contract under this section shall submit an
application to the Secretary at such time, in such manner,
and containing or accompanied by such information as the
Secretary may reasonably require.
``(2) Peer review.--(A) The Secretary shall convene a panel
of individuals for purpose of reviewing and rating
applications submitted under paragraph (1).
``(B) Such individuals shall have experience with education
programs in civics, government, and the law.
``(3) Priority.--In awarding grants or awarding contracts
under this section, the Secretary shall give priority
consideration to applications which propose the operation of
statewide programs.
``(d) Duration of Grants and Exception.--
``(1) Duration.--Except as provided in paragraph (2), the
Secretary shall award grants and contracts under this section
for periods of two or three years.
``(2) Exception.--The Secretary may award a grant or a
contract under this section for a period of less than 2 years
if the Secretary determines that special circumstances exist
which warrant a 1-year grant or contract award.
``SEC. 10603. REPORT; AUTHORIZATION OF APPROPRIATIONS.
``(a) Report.--The Secretary shall report, on a biennial
basis to the Committee on Education and Labor of the House of
Representatives and to the Committee on Labor and Human
Resources of the Senate regarding the distribution and use of
funds authorized under this part.
``(b) Authorization of Appropriations.--
``(1) General.--There are authorized to be appropriated to
carry out this part $15,000,000 for fiscal year 1995 and such
sums as may be necessary for each of the four succeeding
fiscal years.
``(2) Allocation.--Except as provided in paragraph (3),
from the amount appropriated under subsection (a), the
Secretary shall allocate--
``(A) 40 percent of such amount to carry out section 10601;
and
``(B) 60 percent of such amount to carry out section 10602.
``(3) Special rule.--From funds appropriated under
paragraph (1), the Secretary shall make available for fiscal
year 1995 and each succeeding fiscal year thereafter for the
programs under section 16101 and 16102 not less than the
amount made available for fiscal year 1994 to carry out such
programs under section 4609 and 1562, respectively, of this
Act (as such sections were in effect on the day preceding the
date of enactment of the Improving America's Schools Act of
1994).
``PART G--ALLEN J. ELLENDER FELLOWSHIP PROGRAM
``SEC. 10701. FINDINGS.
``The Congress finds as follows:
``(1) It is a worthwhile goal to ensure that all students
in America are prepared for responsible citizenship and that
all students should have the opportunity to be involved in
activities that promote and demonstrate good citizenship.
``(2) It is a worthwhile goal to ensure that America's
educators have access to programs
[[Page 2183]]
for the continued improvement of their professional skills.
``(3) Allen J. Ellender, a Senator from Louisiana and
President pro tempore of the United States Senate, had a
distinguished career in public service characterized by
extraordinary energy and real concern for young people.
Senator Ellender provided valuable support and encouragement
to the Close Up Foundation, a nonpartisan, nonprofit
foundation promoting knowledge and understanding of the
Federal Government among young people and educators.
Therefore, it is a fitting and appropriate tribute to Senator
Ellender to provide fellowships in his name to students of
limited economic means, the teachers who work with such
students, and older Americans, so that such students,
teachers, and older Americans may participate in the programs
supported by the Close Up Foundation.
``Subpart 1--Program for Middle and Secondary School Students
``SEC. 10711. ESTABLISHMENT.
``(a) General Authority.--The Secretary is authorized to
make grants in accordance with the provisions of this subpart
to the Close Up Foundation of Washington, District of
Columbia, a nonpartisan, nonprofit foundation, for the
purpose of assisting the Close Up Foundation in carrying out
its programs of increasing understanding of the Federal
Government among middle and secondary school students.
``(b) Use of Funds.--Grants under this subpart shall be
used only to provide financial assistance to economically
disadvantaged students who participate in the program
described in subsection (a). Financial assistance received
pursuant to this subpart by such students shall be known as
Allen J. Ellender fellowships.
``SEC. 10712. APPLICATIONS.
``(a) Application Required.--No grant under this subpart
may be made except upon an application at such time, in such
manner, and accompanied by such information as the Secretary
may reasonably require.
``(b) Contents of Application.--Each such application shall
contain provisions to assure--
``(1) that fellowship grants are made to economically
disadvantaged middle and secondary school students;
``(2) that every effort will be made to ensure the
participation of students from rural and small town areas, as
well as from urban areas, and that in awarding fellowships to
economically disadvantaged students, special consideration
will be given to the participation of students with special
educational needs, including student with disabilities,
ethnic minority students, and gifted and talented students;
and
``(3) the proper disbursement of the funds received under
this subpart.
``Subpart 3--Program for Middle and Secondary School Teachers
``SEC. 10721. ESTABLISHMENT.
``(a) General Authority.--The Secretary is authorized to
make grants in accordance with the provisions of this subpart
to the Close Up Foundation of Washington, District of
Columbia, a nonpartisan, nonprofit foundation, for the
purpose of assisting the Close Up Foundation in carrying out
its programs of teaching skills enhancement for middle and
secondary school teachers.
``(b) Use of Funds.--Grants under this subpart shall be
used only for financial assistance to teachers who
participate in the program described in subsection (a).
Financial assistance received pursuant to this subpart by
such individuals shall be known as Allen J. Ellender
fellowships.
``SEC. 10722. APPLICATIONS.
``(a) Application Required.--No grant under this subpart
may be made except upon an application at such time, in such
manner, and accompanied by such information as the Secretary
may reasonably require.
``(b) Contents of Application.--Each such application shall
contain provisions to assure--
``(1) that fellowship grants are made only to teachers who
have worked with at least one student from such teacher's
school who participates in the programs described in section
10711(a);
``(2) that not more than one teacher in each school
participating in the programs provided for in section
10711(a) may receive a fellowship in any fiscal year; and
``(3) the proper disbursement of the funds received under
this subpart.
``Subpart 3--Programs for Recent Immigrants, Students of Migrant
Parents and Older Americans
``SEC. 10731. ESTABLISHMENT.
``(a) General Authority.--
``(1) In general.--The Secretary is authorized to make
grants in accordance with the provisions of this subpart to
the Close Up Foundation of Washington, District of Columbia,
a nonpartisan, nonprofit foundation, for the purpose of
assisting the Close Up Foundation in carrying out its
programs of increasing understanding of the Federal
Government among economically disadvantaged older Americans,
recent immigrants and students of migrant parents.
``(2) Definition.--For the purpose of this subpart, the
term `older American' means an individual who has attained 55
years of age.
``(b) Use of Funds.--Grants under this subpart shall be
used for financial assistance to economically disadvantaged
older Americans, recent immigrants and students of migrant
parents who participate in the program described in
subsection (a). Financial assistance received pursuant to
this subpart by such individuals shall be known as Allen J.
Ellender fellowships.
``SEC. 10732. APPLICATIONS.
``(a) Application Required.--No grant under this subpart
may be made except upon application at such time, in such
manner, and accompanied by such information as the Secretary
may reasonably require.
``(b) Contents of Application.--Except such application
shall contain provisions to assure--
``(1) that fellowship grants are made to economically
disadvantaged older Americans, recent immigrants and students
of migrant parents.
``(2) that every effort will be made to ensure the
participation of older Americans, recent immigrants and
students of migrant parents from rural and small town areas,
as well as from urban areas, and that in awarding
fellowships, special consideration will be given to the
participation of older Americans, recent immigrants and
students of migrant parents with special needs, including
individuals with disabilities, ethnic minorities, and gifted
and talented students;
``(3) that activities permitted by subsection (a) are fully
described; and
``(4) the proper disbursement of the funds received under
this subpart.
``Subpart 4--General Provisions
``SEC. 10741. ADMINISTRATIVE PROVISIONS.
``(a) General Rule.--Payments under this part may be made
in installments, in advance, or by way of reimbursement, with
necessary adjustments on account of underpayment or
overpayment.
``(b) Audit Rule.--The Comptroller General of the United
States or any of the Comptroller General's duly authorized
representatives shall have access for the purpose of audit
and examination to any books, documents, papers, and records
that are pertinent to any grant under this part.
``SEC. 10742. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated
to carry out the provisions of subparts 1, 2, and 3 of this
part $4,400,000 for fiscal year 1995 and such sums as may be
necessary of each of the four succeeding fiscal year.
``(b) Special Rule.--Of the funds appropriated pursuant to
subsection (a), not more than 30 percent may be used for
teachers associated with students participating in the
programs described in section 10711(a).
``PART H--DE LUGO TERRITORIAL EDUCATION IMPROVEMENT PROGRAM
``SEC. 10801. FINDINGS AND PURPOSES.
``(a) Findings.--The Congress finds that--
``(1) the attainment of a high quality education is
important to a society and to each individual;
``(2) it is the policy of the United States that all
citizens have a fair opportunity to receive a high quality
education;
``(3) such opportunity should extend to United States
citizens and nationals residing in the outlying areas;
``(4) reports show that the outlying areas have repeatedly
placed last in national education tests which measure
knowledge in core subject areas;
``(5) all students must realize their potential if the
United States is to prosper; and
``(6) students in the outlying areas require additional
assistance if such students are to obtain the high standards
established for all students in the United States.
``(b) Purposes.--The purpose of this part is to authorize
an education improvement program for the outlying areas which
will assist in developing programs which will enhance student
learning, increase the standard of education, and improve the
performance levels of all students.
``SEC. 10802. GRANT AUTHORIZATION.
``The Secretary is authorized to make grants to the
outlying areas to fund innovative education improvement
programs which will increase student learning.
``SEC. 10803. CONSTRUCTION.
``No funds from a grant under section 10802 may be used for
construction.
``SEC. 10804. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subpart $3,000,000 for each of the fiscal years 1994 through
1999.
``PART I--21ST CENTURY COMMUNITY LEARNING CENTERS
``SEC. 10901. SHORT TITLE.
``This part may be cited as the `21st Century Community
Learning Centers Act'.
``SEC. 10902. FINDINGS.
``The Congress finds that--
``(1) a local public school often serves as a center for
the delivery of education and human resources for all members
of a community;
``(2) public schools, primarily in rural and inner city
communities, should collaborate with other public and
nonprofit agencies and organizations, local businesses,
educational entities (such as vocational and adult education
programs, school-to-work programs, community colleges, and
universities), recreational, cultural, and other community
and human service entities, for the purpose of meeting the
needs of, and expanding the opportunities available to, the
residents of the communities served by such schools;
``(3) by using school facilities, equipment, and resources,
communities can promote a more efficient use of public
education facilities, especially in rural and inner city
areas where limited financial resources have enhanced the
necessity for local public schools to become social service
centers;
``(4) the high technology, global economy of the 21st
century will require lifelong
[[Page 2184]]
learning to keep America's workforce competitive and
successful, and local public schools should provide centers
for lifelong learning and educational opportunities for
individuals of all ages; and
``(5) 21st Century Community Learning Centers enable the
entire community to develop an education strategy that
addresses the educational needs of all members of local
communities.
``SEC. 10903. PROGRAM AUTHORIZATION.
``(a) Grants by the Secretary.--The Secretary is
authorized, in accordance with the provisions of this part,
to award grants to rural and inner-city public elementary or
secondary schools, or consortia of such schools, to enable
such schools or consortia to plan, implement, or to expand
projects that benefit the educational, health, social
service, cultural, and recreational needs of a rural or
inner-city community.
``(b) Equitable Distribution.--In awarding grants under
this part, the Secretary shall assure an equitable
distribution of assistance among the States, among urban and
rural areas of the United States, and among urban and rural
areas of a State.
``(c) Grant Period.--The Secretary shall award grants under
this part for a period not to exceed 3 years.
``(d) Amount.--The Secretary shall not award a grant under
this part in any fiscal year in an amount less than $35,000.
``SEC. 10904. APPLICATION REQUIRED.
``(a) Application.--To be eligible to receive a grant under
this part, an elementary or secondary school or consortium
shall submit an application to the Secretary at such time, in
such manner, and accompanied by such information as the
Secretary may reasonably prescribe. Each such application
shall include--
``(1) a comprehensive local plan that enables the school or
consortium to serve as a center for the delivery of education
and human resources for members of a community;
``(2) an evaluation of the needs, available resources, and
goals and objectives for the proposed project in order to
determine which activities will be undertaken to address such
needs; and
``(3) a description of the proposed project, including--
``(A) a description of the mechanism that will be used to
disseminate information in a manner that is understandable
and accessible to the community;
``(B) identification of Federal, State, and local programs
to be merged or coordinated so that public resources may be
maximized;
``(C) a description of the collaborative efforts to be
undertaken by community-based organizations, related public
agencies, businesses, or other appropriate organizations;
``(D) a description of how the school or consortium will
serve as a delivery center for existing and new services,
especially for interactive telecommunication used for
education and professional training; and
``(E) an assurance that the school or consortium will
establish a facility utilization policy that specifically
states--
``(i) the rules and regulations applicable to building and
equipment use; and
``(ii) supervision guidelines.
``(b) Priority.--The Secretary shall give priority to
applications describing projects that offer a broad selection
of services which address the needs of the community.
``SEC. 10905. USES OF FUNDS.
``Grants awarded under this part may be used to plan,
implement, or expand community learning centers which include
not less than four of the following activities:
``(1) Literacy education programs.
``(2) Senior citizen programs.
``(3) Children's day care services.
``(4) Integrated education, health, social service,
recreational, or cultural programs.
``(5) Summer and weekend school programs in conjunction
with recreation programs.
``(6) Nutrition and health programs.
``(7) Expanded library service hours to serve community
needs.
``(8) Telecommunications and technology education programs
for individuals of all ages.
``(9) Parenting skills education programs.
``(10) Support and training for child day care providers.
``(11) Employment counseling, training, and placement.
``(12) Services for individuals who leave school before
graduating from secondary school, regardless of the age of
such individual.
``(13) Services for individuals with disabilities.
``SEC. 10906. DEFINITION.
``For the purpose of this part, the term `community
learning center' means an entity within a public elementary
or secondary school building that--
``(1) provides educational, recreational, health, and
social service programs for residents of all ages within a
local community; and
``(2) is operated by a local educational agency in
conjunction with local governmental agencies, businesses,
vocational education programs, institutions of higher
education, community colleges, and cultural, recreational,
and other community and human service entities.
``SEC. 10907. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $20,000,000 for
fiscal year 1995, and such sums as may be necessary for each
of the four succeeding fiscal years, to carry out this part.
``PART J--URBAN AND RURAL EDUCATION ASSISTANCE
``SEC. 10951. AUTHORIZATION OF APPROPRIATIONS.
``(a) Demonstration Grants.--
``(1) In general.--There are authorized to be appropriated
$125,000,000 for fiscal year 1995, and such sums as may be
necessary for each of the four succeeding fiscal years, to
carry out subparts 1 and 2 (other than section 10975).
``(2) Reservation for subpart 1.--The Secretary shall
reserve 50 percent of the amount appropriated under paragraph
(1) to carry out subpart 1.
``(3) Reservation for subpart 2.--The Secretary shall
reserve 50 percent of the amount appropriated under paragraph
(1) to carry out subpart 2 (other than section 10975).
``(b) Higher Education Grants.--There are authorized to be
appropriated $25,000,000 for fiscal year 1995 and such sums
as may be necessary for each of the four succeeding fiscal
years to carry out section 10975.
``(c) Federal Funds To Supplement Not Supplant Non-Federal
Funds.--An eligible local educational agency may use funds
received under this part only to supplement and, to the
extent practicable, increase the level of funds that would,
in the absence of such Federal funds, be made available from
non-Federal sources for the education of students
participating in activities assisted under this part, and in
no such case may such funds be used to supplant funds from
non-Federal sources.
``SEC. 10952. DEFINITIONS.
``Except as otherwise provided, for the purposes of this
part:
``(1) Central city.--The term `central city' has the same
meaning used by the Bureau of the Census.
``(2) Metropolitan statistical area.--The term
`metropolitan statistical area' has the same meaning used by
the Bureau of the Census.
``(3) Poverty level.--The term `poverty level' means the
criteria of poverty used by the Bureau of the Census in
compiling the most recent decennial census.
``(4) Rural eligible local educational agency.--The term
`rural eligible local educational agency' means a local
educational agency--
``(A)(i) in which at least 15 percent of the children
enrolled in the schools served by such agency are eligible to
be counted under part A of title I; and
``(ii) which is not in a metropolitan statistical area; or
``(B) in which the total enrollment in the schools served
by such agency is less than 2,500 students and that does not
serve schools located in a metropolitan statistical area.
``(5) Urban eligible local educational agency.--The term
`urban eligible local educational agency' means a local
educational agency that--
``(A) serves the largest central city in a State;
``(B) enrolls more than 30,000 students and serves a
central city with a population of at least 200,000 in a
metropolitan statistical area; or
``(C) enrolls between 25,000 and 30,000 students and serves
a central city with a population of at least 140,000 in a
metropolitan statistical area.
``Subpart 1--Urban Education Demonstration Grants
``SEC. 10961. FINDINGS.
``The Congress finds that--
``(1) the ability of the Nation's major urban public school
systems to meet the Nation's educational goals will determine
the country's economic competitiveness and academic standing
in the world community;
``(2) the quality of public education in the Nation's major
urban areas has a direct effect on the economic development
of the Nation's inner-cities;
``(3) the success of urban public schools in boosting the
achievement of its minority youth attending such schools will
determine the ability of the Nation to close the gap between
the `haves and the have-nots' in society;
``(4) the cost to America's businesses to provide remedial
education to high school graduates is approximately
$21,000,000,000 per year;
``(5) approximately one-third of the Nation's workforce
will be members of minority groups by the year 2000;
``(6) urban schools enroll a disproportionately large share
of the Nation's poor and `at-risk' youth;
``(7) urban schools enroll approximately one-third of
Nation's poor, 40 percent of the Nation's African American
children, and 30 percent of the Nation's Hispanic youth;
``(8) nearly 20 percent of the Nation's limited-English
proficient children and 15 percent of the Nation's disabled
youth are enrolled in urban public schools;
``(9) the academic performance of students in the average
inner-city public school system is below that of students in
most other kinds of school systems;
``(10) urban public school systems have higher dropout
rates, more problems with health care, and less parental
participation than other kinds of school systems;
``(11) urban preschoolers have one-half the access to early
childhood development programs as do other children;
``(12) shortages of teachers in urban public school systems
are 2.5 times greater than such shortages in other kinds of
school systems;
[[Page 2185]]
``(13) declining numbers of urban minority high school
graduates are pursuing postsecondary educational
opportunities;
``(14) urban public school systems have greater problems
with teenage pregnancy, discipline, drug abuse, and gangs
than do other kinds of school systems;
``(15) 75 percent of urban public school buildings are over
25 years old, 33 percent of such buildings are over 50 years
old, and such buildings are often in serious disrepair and
create poor and demoralizing working and learning conditions;
``(16) solving the challenges facing our Nation's urban
schools will require the concerted and collaborative efforts
of all levels of government and all sectors of the community;
``(17) Federal and State funding of urban public schools
has not adequately reflected need; and
``(18) Federal funding that is well-targeted, flexible, and
accountable would contribute significantly to addressing the
comprehensive needs of inner-city public schools.
``SEC. 10962. PURPOSE.
``It is the purpose of this subpart to provide financial
assistance to--
``(1) assist urban public schools in meeting the National
Education Goals;
``(2) improve the educational and social well-being of
urban public school children;
``(3) close the achievement gap between urban and nonurban
public school children, while improving the achievement level
of all children nationally;
``(4) conduct coordinated research on urban public
education problems, solutions, and promising practices;
``(5) improve the Nation's global economic and educational
competitiveness by improving the Nation's urban schools; and
``(6) encourage community, parental, and business
collaboration in the improvement of urban schools.
``SEC. 10963. URBAN SCHOOL GRANTS.
``(a) Authority.--The Secretary is authorized to make
grants to eligible local educational agencies serving an
urban area or State educational agencies in the case where
the State educational agency is the local educational agency
for activities designed to assist in local school improvement
efforts and school reform, and to assist the schools of such
agencies in meeting the National Education Goals.
``(b) Authorized Activities.--Funds under this section may
be used to--
``(1) increase the academic achievement of urban public
school children to at least the national average, such as--
``(A) effective public schools programs;
``(B) tutoring, mentoring, and other activities to improve
academic achievement directly;
``(C) activities designed to increase the participation of
minority and female students in entry level and advanced
courses in mathematics and science;
``(D) supplementary academic instruction;
``(E) efforts to improve problem-solving and higher-order
thinking skills;
``(F) programs to increase student motivation for learning;
and
``(G) efforts to lengthen the school day or school year, or
to reduce class sizes;
``(2) ensure the readiness of all urban public school
children for school, such as--
``(A) full workday, full calendar-year comprehensive early
childhood development programs;
``(B) parenting classes and parent involvement activities;
``(C) activities designed to coordinate prekindergarten and
child care programs;
``(D) efforts to integrate developmentally appropriate
prekindergarten services into the overall public school
program;
``(E) upgrading the qualifications of early childhood
education staff and standards for programs;
``(F) collaborative efforts with health and social service
agencies to provide comprehensive services and to facilitate
the transition from home to school;
``(G) establishment of comprehensive child care centers in
public secondary schools for students who are parents and
their children; and
``(H) augmenting early childhood development programs to
meet the special educational and cultural needs of limited-
English-proficient preschool children;
``(3) increase the graduation rates of urban public school
students to at least the national average, such as--
``(A) dropout prevention activities and support services
for public school students at-risk of dropping out of school;
``(B) reentry, outreach, and support activities to recruit
students who have dropped out of school to return to school;
``(C) development of systemwide policies and practices that
encourage students to stay in school;
``(D) efforts to provide individualized student support,
such as mentoring programs;
``(E) collaborative activities between schools, parents,
community groups, agencies, and institutions of higher
education aimed at preventing individuals from dropping out
of school;
``(F) programs to increase student attendance; and
``(G) alternative programs for students, especially
bilingual and special education students, who have dropped
out of school or are at risk of dropping out of school;
``(4) prepare urban public school students to enter higher
education, pursue careers, and exercise their
responsibilities as citizens, such as--
``(A) activities designed to increase the number and
percentages of students, particularly minority students,
enrolling in postsecondary educational institutions after
graduation from public secondary schools;
``(B) in-school youth employment, vocational education, and
career education programs that improve the transition from
school to work;
``(C) activities designed in collaboration with colleges
and universities to assist urban public school graduates in
completing higher education;
``(D) efforts to increase voter registration among eligible
public secondary school students;
``(E) activities designed to promote community service and
volunteerism among students, parents, teachers, and the
community; and
``(F) civic education and other programs designed to
enhance responsible citizenship and understanding of the
political process;
``(5) recruit and retain qualified teachers, such as--
``(A) school-based management projects and activities;
``(B) programs designed to test efforts to increase the
professionalization of teachers or to bring teachers up to
national voluntary standards;
``(C) alternative routes to certification for qualified
individuals from business, the military, and other fields;
``(D) efforts to recruit and retain teachers, particularly
minority teachers, specializing in critical shortage areas,
including early childhood teachers, mathematics and science
teachers, and special education and bilingual teachers;
``(E) upgrading the skills of teacher aides and
paraprofessionals to permit such individuals to become
certified teachers;
``(F) activities specifically designed to increase the
number of minority teachers in urban schools;
``(G) incentives for teachers to work in inner-city public
schools; and
``(H) collaborative activities with urban universities to
revise and upgrade teacher training programs;
``(6) provide for ongoing staff development to increase the
professional capacities of the teaching staff and the skills
of teacher aides and paraprofessionals;
``(7) decrease the use of drugs and alcohol among urban
public school students and enhance the physical and emotional
health of such students, such as--
``(A) activities designed to improve the self-esteem and
self-worth of urban public school students;
``(B) the provision of health care services and other
social services and the coordination of such services with
other health care providers;
``(C) programs designed to improve safety and discipline
and reduce in-school violence, vandalism, and gang activity;
``(D) activities that begin in the early grades and are
designed to prevent drug and alcohol abuse and smoking among
students and teachers;
``(E) collaborative activities with other agencies,
businesses, and community groups to discourage the
advertisement and glorification of drugs and alcohol;
``(F) efforts to enhance health education and nutrition
education; and
``(G) alternative public schools, and schools-within-
schools programs, including bilingual and special education
programs for public school students with special needs; or
``(8) plan, develop, operate, or expand programs and
activities that are designed to assist urban public schools
in meeting the National Education Goals, including--
``(A) training of teachers and other educational personnel
in subject areas, or in instructional technology and methods
that will improve the delivery of services in urban settings
and assist in the achievement of the National Education
Goals, including staff development efforts that emphasize
multicultural and gender and disability bias-free curricula;
``(B) coordination and collaboration with other municipal
agencies, child care organizations, universities, or the
private sector;
``(C) parental involvement and outreach efforts and other
activities designed to enhance parental encouragement of
student learning;
``(D) pupil services and other support services that
contribute to progress in achieving National Education Goals;
``(E) efforts to acquire and improve access to educational
technology;
``(F) assist the schools most in need of services by
replicating successful efforts of other urban local
educational agencies and expanding successful programs within
the eligible agency; or
``(G) efforts to improve and strengthen the curriculum and
coordinate services across grade levels.
``(c) Applications.--
``(1) In general.--An eligible local educational agency
desiring to receive a grant under this section shall submit
an application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may
reasonable require, consistent with this section.
``(2) Duration.--An application submitted pursuant to
paragraph (1) may be for a period of not more than five
years.
``(d) Payments.--The Secretary shall make an award only to
urban eligible local educational agencies that--
``(1) comply with the provisions of section 10966; and
[[Page 2186]]
``(2) demonstrate to the satisfaction of the Secretary that
the data submitted pursuant to section 10961 shows progress
toward meeting National Education Goals.
``(e) Administrative Costs.--Not more than five percent of
any award made under this subpart may be used for
administrative costs.
``SEC. 10964. SPECIAL RULES.
``(a) Special Consideration.--In making awards under this
subpart, the Secretary shall give special consideration to
urban eligible local educational agencies in which there is--
``(1) low achievement;
``(2) high poverty; and
``(3) racial isolation.
``(b) Flexibility.--Each urban eligible local educational
agency shall have the flexibility to serve homeless children,
children in schools undergoing desegregation, immigrants,
migrants, or other highly mobile populations within the
program assisted under this subpart.
``Subpart 2--Rural Education Demonstration Grants
``SEC. 10971. FINDINGS.
``The Congress finds that--
``(1) the ability of America's rural public school systems
to meet the National Education Goals will contribute to the
economic competitiveness and academic standing of the Nation
in the world community;
``(2) approximately 60 percent of the Nation's public
school districts are rural with a population of less than
2,500;
``(3) about 1 out of every 4 of America's rural school
children are living below the poverty line;
``(4) the quality of public education in the rural areas of
the Nation has a direct effect on the economic development of
the rural communities of the Nation;
``(5) the success of rural public schools in boosting the
achievement of minority youth attending such schools will
determine the ability of the Nation to close the gap between
the haves and the have-nots in society;
``(6) the academic performance of students in the average
rural school system is below that of students in most other
suburban school systems;
``(7) the average age of rural public school buildings is
more than 45 years old and such buildings are often in
serious disrepair, creating poor and demoralizing working and
learning conditions;
``(8) shortages of teachers for rural public school systems
is greater than in other kinds of school systems;
``(9) solving the challenges facing the Nation's rural
public schools will require the concerted and collaborative
efforts of all levels of government and all sectors of the
community;
``(10) additional Federal funding would contribute
significantly to addressing the comprehensive needs of rural
schools;
``(11) rural public schools enroll a disproportionately
large share of the Nation's poor and at-risk youth;
``(12) a declining number of rural public secondary school
graduates are pursuing postsecondary education opportunities;
``(13) rural preschoolers have less access to early
childhood development programs than other children; and
``(14) Federal and State funding of rural public schools
has not adequately reflected need.
``SEC. 10972. PURPOSE.
``It is the purpose of this subpart to provide financial
assistance to rural public schools most in need, to encourage
the comprehensive restructuring of America's rural schools,
the appropriate use of telecommunications technologies for
learning, and to support innovative programs which improve
performance through programs and projects designed to--
``(1) assist rural public schools in meeting National
Education Goals;
``(2) encourage rural public schools to engage in school
reform;
``(3) develop pilot projects that experiment with
innovative ways to teach rural public school children more
effectively;
``(4) improve the educational and social well-being of
rural public school children;
``(5) close the achievement gap between children attending
rural public schools and other children, while improving the
achievement level of all children nationally;
``(6) conduct coordinated research on rural education
problems, solutions, promising practices, and distance
learning technologies;
``(7) improve the Nation's global economic and educational
competitiveness by improving the Nation's rural public
schools;
``(8) encourage community, parental, and business
collaboration in the improvement of rural public schools;
``(9) encourage rural school consortia for the purpose of
increasing efficiency and course offerings;
``(10) encourage a positive role for rural public schools
in local rural entrepreneurship and the identification of
rural community economic development opportunities;
``(11) encourage community-as-school concepts, which
include the role public schools can play to assist with rural
community economic revitalization; and
``(12) provide for the recruitment and meaningful inservice
opportunities for rural public school teachers.
``SEC. 10973. RURAL SCHOOL GRANTS.
``(a) Authority.--The Secretary is authorized to make
grants to rural eligible local educational agencies, or State
educational agencies in the case where the State educational
agency is the local educational agency, for activities
designed to assist in local school improvement efforts.
``(b) Award Rules.--
``(1) Less than $50,000,000.--If the amount made available
to carry out this subpart for any fiscal year is less than
$50,000,000, the Secretary shall award grants under this
section on a competitive basis.
``(2) Equal to or greater than $50,000,000.--If the amount
made available to carry out this subpart for any fiscal year
is equal to or greater than $50,000,000, the Secretary shall
award grants under this section so that a rural eligible
local educational agency in each State receives such a grant.
``(c) Administrative Costs.--Not more than five percent of
a grant awarded under section 10573 shall be used for
administrative costs.
``(d) Duration.--Each grant under this section shall be
awarded for a period of not more than five years.
``SEC. 10974. USES OF FUNDS.
``(a) In General.--Grant funds made available under section
10973 may be used by rural eligible local educational
agencies to meet the National Education Goals through
programs designed to--
``(1) increase the academic achievement of rural public
school children to at least the national average of such
achievement, including education reform initiatives, such
as--
``(A) effective public schools programs;
``(B) tutoring, mentoring, and other activities to improve
academic achievement directly;
``(C) supplementary academic instruction;
``(D) efforts to improve problem-solving and higher-order
critical thinking skills; and
``(E) efforts to lengthen the school day, school year, or
reduce class sizes;
``(2) develop pilot projects that experiment with
innovative ways to teach rural public school children more
effectively;
``(3) encourage the formation of rural school consortia for
the purpose of increasing efficiency and course offerings;
``(4) provide meaningful inservice training opportunities
for rural public school teachers;
``(5) assist rural schools in acquiring and improving
access to educational technology, including distance learning
technologies;
``(6) ensure the readiness of all rural children for
school, such as--
``(A) full workday, full calendar-year comprehensive early
childhood development programs;
``(B) parenting classes, including parenting classes for
teenage parents, and parent involvement activities;
``(C) activities designed to coordinate prekindergarten and
child care programs;
``(D) efforts to integrate developmentally appropriate
prekindergarten services into the overall public school
program;
``(E) improving the skills of early childhood education
staff and standards for programs;
``(F) collaborative efforts with health and social service
agencies to provide comprehensive services and to facilitate
the transition from home to school;
``(G) establishment of comprehensive child care centers in
public secondary schools for student parents and their
children; and
``(H) augmenting early childhood development programs to
meet the special educational and cultural needs of limited-
English proficient children, children with disabilities, and
migrant preschool children;
``(7) increase the graduation rates of rural public school
students to at least the national average of such rate, when
funds are used to serve secondary schools, such as--
``(A) dropout prevention activities and support services
for students at-risk of dropping out of school;
``(B) reentry, outreach and support activities to recruit
students who have dropped out of school to return to school;
``(C) development of systemwide policies and practices that
encourage students to stay in school;
``(D) efforts to provide individualized student support;
``(E) collaborative activities between schools, parents,
community groups, agencies, and institutions of higher
education aimed at preventing individuals from dropping out
of school;
``(F) programs to increase student attendance; and
``(G) alternative programs for students, especially
bilingual, special education, and migrant students, who have
dropped out of school or are at risk of dropping out of
school;
``(8) prepare rural public school students to enter higher
education, pursue careers, and exercise their
responsibilities as citizens, such as--
``(A) activities designed to increase the number and
percentages of students, enrolling in postsecondary
educational institutions after graduation from secondary
schools;
``(B) in-school youth employment, vocational education, and
career education programs that improve the transition from
school to work;
``(C) activities designed in collaboration with colleges
and universities to assist rural public school graduates in
completing higher education;
``(D) activities designed in conjunction with community
colleges to provide a kindergarten through grade 14
experience for rural public school secondary school students;
[[Page 2187]]
``(E) efforts to increase voter registration among eligible
public secondary school students attending schools served by
rural eligible local educational agencies;
``(F) activities designed to promote community service and
volunteerism among students, parents, teachers, and the
community;
``(G) civic education, law-related education, and other
programs designed to enhance responsible citizenship and
understanding of the political process; and
``(H) encouraging a positive role for rural public schools
in local rural entrepreneurship and the identification of
rural community economic development opportunities;
``(9) recruit and retain qualified teachers, such as--
``(A) school-based management projects and activities;
``(B) programs designed to increase the status of the
teaching profession;
``(C) alternative routes to certification for qualified
individuals from business, the military, and other fields;
``(D) efforts to recruit and retain teachers in critical
shortage areas, including early childhood teachers,
mathematics and science teachers, foreign language teachers,
and special education and bilingual teachers;
``(E) upgrading the skills of existing classroom teachers
through the use of year-round, systematic, comprehensive
inservice training programs;
``(F) upgrading the skills of teacher aides and
paraprofessionals to assist such individuals in becoming
certified teachers;
``(G) efforts specifically designed to increase the number
of minority teachers in rural public schools;
``(H) programs designed to encourage parents and students
to enter the teaching profession;
``(I) incentives for teachers to work in rural public
schools;
``(J) collaborative activities with colleges and
universities to revise and upgrade teacher training programs
to meet the needs of rural public school students; and
``(K) training activities for the purpose of incorporating
distance learning technologies; or
``(10) decrease the use of drugs and alcohol among rural
public school students, and to enhance the physical and
emotional health of such students, such as--
``(A) activities designed to improve the self-esteem and
self-worth of rural students;
``(B) the provision of health care services and other
social services and the coordination of such services with
other health care providers;
``(C) programs designed to improve safety and discipline
and reduce in-school violence and vandalism;
``(D) activities that begin in the early grades and are
designed to prevent drug and alcohol abuse and smoking among
students;
``(E) collaborative activities with other agencies,
businesses, and community groups;
``(F) efforts to enhance health education and nutrition
education; and
``(G) alternative public schools, and schools-within-
schools programs, including bilingual, migrant, and special
education programs for students with special needs.
``(b) Applications.--Each eligible entity desiring a grant
under section 10973 shall submit an application to the
Secretary at such time, in such manner, and accompanied by
such information as the Secretary may reasonably require.
Each grant awarded under section 10973 shall be of sufficient
size and scope to achieve significant rural school
improvement.
``SEC. 10975. HIGHER EDUCATION GRANTS.
``(a) Grants.--The Secretary is authorized to make grants
to institutions of higher education, consortia of such
institutions, or partnerships between institutions of higher
education and local educational agencies to assist rural
schools and rural eligible local educational agencies in
undertaking local school improvement activities.
``(b) Authorized Activities.--Grant funds under this
section may be used to--
``(1) assist rural schools in meeting National Education
Goals;
``(2) assist in the recruitment and training of teachers in
rural schools;
``(3) assist rural schools in the development of
appropriate innovative school improvement initiatives;
``(4) provide inservice training opportunities for teachers
in rural schools; and
``(5) provide technical assistance in the use and
installation of innovative telecommunications technology.
``(c) Applications.--Each eligible entity desiring a grant
under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by
such information as the Secretary may reasonably require.
``Subpart 3--White House Conferences
``SEC. 10981. WHITE HOUSE CONFERENCE ON URBAN EDUCATION.
``(a) Authorization To Call Conference.--
``(1) In general.--The President is authorized to call and
conduct a White House Conference on Urban Education (referred
to in this section as the `Conference') which shall be held
not earlier than November 1, 1995, and not later than October
30, 1996.
``(2) Purpose.--The purpose of the Conference shall be to--
``(A) develop recommendations and strategies for the
improvement of urban education;
``(B) marshal the forces of the private sector,
governmental agencies at all levels, parents, teachers,
communities, and education officials to assist urban public
schools in achieving National Education Goals; and
``(C) conduct the initial planning for a permanent national
advisory commission on urban education.
``(b) Composition of Conference.--
``(1) In general.--The Conference shall be comprised of 12
individuals, including--
``(A) representatives of urban public school systems,
including members of the governing body of local educational
agencies, and school superintendents;
``(B) representatives of the Congress, the Department of
Education, and other Federal agencies;
``(C) State elected officials and representatives from
State educational agencies; and
``(D) individuals with special knowledge of and expertise
in urban education.
``(2) Selection.--The President shall select one-third of
the participants of the Conference, the majority leader of
the Senate, in consultation with the minority leader of the
Senate, shall select one-third of such participants, and the
Speaker of the House of Representatives, in consultation with
the minority leader of the House, shall select the remaining
one-third of such participants.
``(3) Representation.--In selecting the participants of the
Conference, the President, the Majority Leader of the Senate,
and the Speaker of the House of the House of Representatives
shall ensure that the participants are as representative of
the ethnic, racial, and linguistic diversity of cities as is
practicable.
``(c) Report.--
``(1) In general.--Not later than 120 days following the
termination of the Conference, a final report of the
Conference, containing such findings and recommendations as
may be made by the Conference, shall be submitted to the
President. The final report shall be made public and, not
later than 90 days after receipt by the President,
transmitted to the Congress together with a statement of the
President containing recommendations for implementing the
report.
``(2) Publication and distribution.--The Conference is
authorized to publish and distribute the report described in
this section. Copies of the report shall be provided to the
Federal depository libraries and made available to local
urban public school leaders.
``SEC. 10982. WHITE HOUSE CONFERENCE ON RURAL EDUCATION.
``(a) Authorization To Call Conference.--
``(1) In general.--The President is authorized to call and
conduct a White House Conference on Rural Education
(hereafter in this section referred to as the `Conference').
``(2) Date.--The Conference shall be held not earlier than
November 1, 1995, and not later than October 30, 1996.
``(3) Purpose.--The purposes of the Conference shall be
to--
``(A) develop recommendations and strategies for the
improvement of rural public education;
``(B) marshal the forces of the private sector,
governmental agencies at all levels, parents, teachers,
communities, and education officials to assist rural public
schools in achieving National Education Goals, and make
recommendations on the roles rural public schools can play to
assist with local rural community economic revitalization;
and
``(C) conduct the initial planning for a permanent national
commission on rural public education.
``(b) Composition of Conference.--
``(1) In general.--The Conference shall be comprised of--
``(A) representatives of eligible public school systems,
including members of the governing body of local educational
agencies, school superintendents, and classroom teachers;
``(B) representatives of the Congress, the Department, and
other Federal agencies;
``(C) State elected officials and representatives from
State educational agencies;
``(D) individuals with special knowledge of, and expertise
in, rural education, including individuals involved with
rural postsecondary education; and
``(E) individuals with special knowledge of, and expertise
in, rural business.
``(2) Selection.--The President shall select one-third of
the participants of the Conference, the Majority Leader of
the Senate, in consultation with the Minority Leader of the
Senate, shall select one-third of such participants, and the
Speaker of the House of Representatives, in consultation with
the Minority Leader of the House, shall select the remaining
one-third of such participants.
``(3) Representation.--In selecting the participants of the
Conference, the President, the Majority Leader of the Senate,
and the Speaker of the House of Representatives shall ensure
that the participants are as representative of the ethnic,
racial, and language diversity of rural areas as is
practicable.
``(c) Report.--
``(1) In general.--Not later than 120 days following the
termination of the Conference, a final report of the
Conference, containing such findings and recommendations as
may be made by the Conference, shall be submitted to the
President. The final report shall be made public and, not
later than 90 days after receipt by the President,
transmitted to the Congress together with a statement of the
President containing recommendations for implementing the
report.
``(2) Publication and distribution.--The Conference is
authorized to publish and distribute the report described in
this section. Copies of the report shall be provided to the
[[Page 2188]]
Federal depository libraries and made available to local
rural school leaders and teachers.
``PART K--NATIONAL WRITING PROJECT
``SEC. 10991. FINDINGS.
``The Congress finds that--
``(1) the United States faces a crisis in writing in
schools and in the workplace;
``(2) the writing problem has been magnified by the rapidly
changing student populations and the growing number of at-
risk students due to limited English proficiency;
``(3) over the past two decades, universities and colleges
across the country have reported increasing numbers of
entering freshmen who are unable to write at a level equal to
the demands of college work;
``(4) American businesses and corporations are concerned
about the limited writing skills of entry-level workers, and
a growing number of executives are reporting that advancement
was denied to them due to inadequate writing abilities;
``(5) the writing problem has been magnified by the rapidly
changing student populations in the Nation's schools and the
growing number of students who are at risk because of limited
English proficiency;
``(6) writing and reading are both fundamental to learning,
yet writing has been historically neglected in the schools
and colleges, and most teachers in the United States
elementary schools, secondary schools, and colleges have not
been trained to teach writing;
``(7) since 1973, the only national program to address the
writing problem in the Nation's schools has been the National
Writing Project, a network of collaborative university-school
programs whose goal is to improve the quality of student
writing and the teaching of writing at all grade levels and
to extend the uses of writing as a learning process through
all disciplines;
``(8) the National Writing Project offers summer and school
year inservice teacher training programs and a dissemination
network to inform and teach teachers of developments in the
field of writing;
``(9) the National Writing Project is a nationally
recognized and honored nonprofit organization that recognizes
that there are teachers in every region of the country who
have developed successful methods for teaching writing and
that such teachers can be trained and encouraged to train
other teachers;
``(10) the National Writing Project has become a model for
programs to improve teaching in such other fields as
mathematics, science, history, literature, performing arts,
and foreign languages;
``(11) the National Writing Project teacher-teaching-
teachers program identifies and promotes what is working in
the classrooms of the Nation's best teachers;
``(12) the National Writing Project teacher-teaching-
teachers project is a positive program that celebrates good
teaching practices and good teachers and through its work
with schools increases the Nation's corps of successful
classroom teachers;
``(13) evaluations of the National Writing Project document
the positive impact the project has had on improving the
teaching of writing, student performance, and student
thinking and learning ability;
``(14) the National Writing Project programs offer career-
long education to teachers, and teachers participating in the
National Writing Project receive graduate academic credit;
``(15) each year over 100,000 teachers voluntarily seek
training in National Writing Project intensive summer
institutes and workshops and school year in-service programs
through one of the 154 regional sites located in 45 States,
the Commonwealth of Puerto Rico, and in 4 sites that serve
United States teachers in United States dependent and
independent schools;
``(16) 250 National Writing Project sites are needed to
establish regional sites to serve all teachers;
``(17) private foundation resources, although generous in
the past, are inadequate to fund all of the National Writing
Project sites needed and the future of the program is in
jeopardy without secure financial support;
``(18) independent evaluation studies have found the
National Writing Project to be highly cost effective compared
to other professional development programs for teachers; and
``(19) during 1991, the first year of Federal support for
the National Writing Project, the National Writing Project
matched the $1,951,975 in Federal support with $9,485,504 in
matching funds from State, local, and other sources.
``SEC. 10992. NATIONAL WRITING PROJECT.
``(a) Authorization.--The Secretary is authorized to make a
grant to the National Writing Project (hereafter in this
section referred to as the `grantee'), a nonprofit
educational organization which has as its primary purpose the
improvement of the quality of student writing and learning,
and the teaching of writing as a learning process in the
Nation's classrooms--
``(1) to support and promote the establishment of teacher
training programs, including the dissemination of effective
practices and research findings regarding the teaching of
writing and administrative activities;
``(2) to support classroom research on effective teaching
practice and to document student performance;
``(3) to coordinate activities assisted under this section
with activities assisted under title II; and
``(4) to pay the Federal share of the cost of such
programs.
``(b) Requirements of Grant.--The grant shall provide
that--
``(1) the grantee will enter into contracts with
institutions of higher education or other nonprofit
educational providers (hereafter in this section referred to
as `contractors') under which the contractors will agree to
establish, operate, and provide the non-Federal share of the
cost of teacher training programs in effective approaches and
processes for the teaching of writing;
``(2) funds made available by the Secretary to the grantee
pursuant to any contract entered into under this section will
be used to pay the Federal share of the cost of establishing
and operating teacher training programs as provided in
paragraph (1); and
``(3) the grantee will meet such other conditions and
standards as the Secretary determines to be necessary to
assure compliance with the provisions of this section and
will provide such technical assistance as may be necessary to
carry out the provisions of this section.
``(c) Teacher Training Programs.--The teacher training
programs authorized in subsection (a) shall--
``(1) be conducted during the school year and during the
summer months;
``(2) train teachers who teach grades kindergarten through
college;
``(3) select teachers to become members of a National
Writing Project teacher network whose members will conduct
writing workshops for other teachers in the area served by
each National Writing Project site; and
``(4) encourage teachers from all disciplines to
participate in such teacher training programs.
``(d) Federal Share.--
``(1) In general.--Except as provided in paragraph (2) or
(3) and for purposes of subsection (a), the term `Federal
share' means, with respect to the costs of teacher training
programs authorized in subsection (a), 50 percent of such
costs to the contractor.
``(2) Waiver.--The Secretary may waive the provisions of
paragraph (1) on a case-by-case basis if the National
Advisory Board described in subsection (f) determines, on the
basis of financial need, that such waiver is necessary.
``(3) Maximum.--The Federal share of the costs of teacher
training programs conducted pursuant to subsection (a) may
not exceed $40,000 for any one contractor, or $200,000 for a
statewide program administered by any one contractor in at
least five sites throughout the State.
``(e) Classroom Teacher Grants.--
``(1) In general.--The National Writing Project may reserve
an amount not to exceed 5 percent of the amount appropriated
pursuant to the authority of this section to make grants, on
a competitive basis, to elementary and secondary school
teachers to pay the Federal share of the cost of enabling
such teachers to--
``(A) conduct classroom research;
``(B) publish models of student writing;
``(C) conduct research regarding effective practices to
improve the teaching of writing; and
``(D) conduct other activities to improve the teaching and
uses of writing.
``(2) Supplement and not supplant.--Grants awarded pursuant
to paragraph (1) shall be used to supplement and not supplant
State and local funds available for the purposes set forth in
paragraph (1).
``(3) Maximum grant amount.--Each grant awarded pursuant to
this subsection shall not exceed $2,000.
``(4) Federal share.--For the purpose of this subsection
the term `Federal share' means, with respect to the costs of
activities assisted under this subsection, 50 percent of such
costs to the elementary or secondary school teacher.
``(f) National Advisory Board.--
``(1) Establishment.--The National Writing Project shall
establish and operate a National Advisory Board.
``(2) Composition.--The National Advisory Board established
pursuant to paragraph (1) shall consist of--
``(A) national educational leaders;
``(B) leaders in the field of writing; and
``(C) such other individuals as the National Writing
Project deems necessary.
``(3) Duties.--The National Advisory Board established
pursuant to paragraph (1) shall--
``(A) advise the National Writing Project on national
issues related to student writing and the teaching of
writing;
``(B) review the activities and programs of the National
Writing Project; and
``(C) support the continued development of the National
Writing Project.
``(g) Evaluation.--
``(1) In general.--The Secretary shall conduct an
independent evaluation by grant or contract of the teacher
training programs administered pursuant to this Act in
accordance with section 14701. Such evaluation shall specify
the amount of funds expended by the National Writing Project
and each contractor receiving assistance under this section
for administrative costs. The results of such evaluation
shall be made available to the appropriate committees of the
Congress.
``(2) Funding limitation.--The Secretary shall reserve not
more than $150,000 from the total amount appropriated
pursuant to the authority of subsection (i) for fiscal year
1994 and the four succeeding fiscal years to conduct the
evaluation described in paragraph (1).
``(h) Application Review.--
``(1) Review board.--The National Writing Project shall
establish and operate a National Review Board that shall
consist of--
[[Page 2189]]
``(A) leaders in the field of research in writing; and
``(B) such other individuals as the National Writing
Project deems necessary.
``(2) Duties.--The National Review Board shall--
``(A) review all applications for assistance under this
subsection; and
``(B) recommend applications for assistance under this
subsection for funding by the national Writing Project.
``(i) Authorization of Appropriations.--There are
authorized to be appropriated for the grant to the National
Writing Project, $4,000,000 for fiscal year 1995, and such
sums as may be necessary for each of the four succeeding
fiscal years, to carry out the provisions of this section.
``PART L--THE EXTENDED TIME FOR LEARNING AND LONGER SCHOOL YEAR
``SEC. 10993. THE EXTENDED TIME FOR LEARNING AND LONGER
SCHOOL YEAR.
``(a) Findings.--The Congress finds that--
``(1) the Commission on Time and Learning has found that--
``(A) realizing the third National Education Goal, that
states all students will leave grades four, eight and twelve
having demonstrated competency in challenging subject matter,
including English, mathematics, science, foreign languages,
civics and government, economics, arts, history, and
geography, will require considerably more common core
learning time than most students now receive;
``(B) ensuring that all students learn to high standards
will require flexibility and innovation in the use of common
core learning time, as well as the rest of the time students
spend both during and beyond the school day;
``(C) teachers need regular, sustained time for lesson
development, collegial collaboration and other professional
development;
``(D) schools, businesses, community-based organizations,
tribal leaders, and other community agencies and members
should work together to foster effective learning and
enrichment programs and activities for students, including
programs that operate outside of the regular school day or
year;
``(E) for most students in the United States, the school
year is 180 days long. In Japan students go to school 243
days per year, in Germany students go to school 240 days per
year, in Austria students go to school 216 days per year, in
Denmark students go to school 200 days per year, and in
Switzerland students go to school 195 days per year; and
``(F) in the final four years of schooling, students in
schools in the United States are required to spend a total of
1,460 hours on core academic subjects, less than half of the
3,528 hours so required in Germany, the 3,280 hours so
required in France, and the 3,170 hours so required in Japan;
``(2) increasing the amount and duration of intensive,
engaging and challenging learning activities geared to high
standards can increase student motivation and achievement;
``(3) the benefits of extending learning time, including
common core instructional time, can be maximized by
concurrent changes in curriculum and instruction, such as
accelerated learning, and engaging, interactive instruction
based on challenging content;
``(4) maximizing the benefit of increased common core and
other learning time will require the collaboration and
cooperation of teachers and administrators, students,
parents, community members and organizations, businesses and
others to develop strategies to meet the needs of students
during and beyond the school day and year;
``(5) a competitive world economy requires that students in
the United States receive education and training that is at
least as rigorous and high-quality as the education and
training received by students in competitor countries;
``(6) despite our Nation's transformation from a farm-based
economy to one based on manufacturing and services, the
school year is still based on the summer needs of an agrarian
economy;
``(7) American students' lack of formal schooling is not
counterbalanced with more homework. The opposite is true, as
half of all European students report spending at least two
hours on homework per day, compared to only 29 percent of
American students. Twenty-two percent of American students
watch five or more hours of television per day, while less
than eight percent of European students watch that much
television;
``(8) more than half of teachers surveyed in the United
States cite `children who are left on their own after school'
as a major problem;
``(9) over the summer months, disadvantaged students not
only fail to advance academically, but many forget much of
what such students had learned during the previous school
year;
``(10) funding constraints as well as the strong pull of
tradition have made extending the school year difficult for
most States and school districts; and
``(11) experiments with extended and multi-track school
years have been associated with both increased learning and
more efficient use of school facilities.
``(b) Purposes.--It is the purpose of this part to--
``(1) provide seed money to schools and local educational
agencies to enable such agencies to devise and implement
strategies and methods for upgrading the quality of, and
extending, challenging, engaging learning time geared to high
standards for all students; and
``(2) allow the Secretary to provide financial incentives
and assistance to States or local educational agencies to
enable such States or agencies to substantially increase the
amount of time that students spend participating in quality
academic programs, and to promote flexibility in school
scheduling.
``(c) Program Authorized.--
``(1) In general.--The Secretary is authorized to award
grants to local educational agencies having applications
approved under subsection (d) to enable such agencies to
carry out the authorized activities described in subsection
(e) in public elementary and secondary schools.
``(2) Amount.--The Secretary shall, to the extent
practicable, provide an equitable distribution of grants
under this section.
``(3) Duration.--Each grant under subsection (a) shall be
awarded for a period of not more than three years.
``(4) Priority.--The Secretary shall give priority to
awarding grants under this part to local educational agencies
that serve schools with high percentages of students in
poverty.
``(d) Application.--Each local educational agency desiring
a grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by
such information as the Secretary may require. Each such
application shall describe--
``(1) the activities for which assistance is sought;
``(2) any study or other information-gathering project for
which funds will be used;
``(3) strategies and methods the applicant will use to
enrich and extend learning time for all students and to
maximize the percentage of common core learning time in the
school day, such as block scheduling, team teaching, longer
school days or years, and extending learning time through new
distance-learning technologies;
``(4) the strategies and methods the applicant will use,
including changes in curriculum and instruction, to challenge
and engage students and to maximize the productiveness of
common core learning time, as well as the total time students
spend in school and in school-related enrichment activities;
``(5) the strategies and methods the applicant intends to
employ to provide continuing financial support for the
implementation of any extended school day or school year;
``(6) with respect to any application seeking assistance
for activities described under subsection (e)(4), a
description of any feasibility or other studies demonstrating
the sustainability of a longer school year;
``(7) the extent of involvement of teachers and other
school personnel in investigating, designing, implementing
and sustaining the activities assisted under this part;
``(8) the process to be used for involving parents and
other stakeholders in the development and implementation of
the activities assisted under this part;
``(9) any cooperation or collaboration among public housing
authorities, libraries, businesses, museums, community-based
organizations, and other community groups and organizations
to extend engaging, high-quality, standards-based learning
time outside of the school day or year, at the school or at
some other site;
``(10) the training and professional development activities
that will be offered to teachers and others involved in the
activities assisted under this part;
``(11) the goals and objectives of the activities assisted
under this part, including a description of how such
activities will assist all students to reach State standards;
``(12) the methods by which the applicant will assess
progress in meeting such goals and objectives; and
``(13) how the applicant will use funds provided under this
part in coordination with other funds provided under this Act
or other Federal laws.
``(e) Authorized Activities.--Funds under this section may
be used--
``(1) to study the feasibility of, and effective methods
for, extending learning time within or beyond the school day
or year, including consultation with other schools or local
educational agencies that have designed or implemented
extended learning time programs;
``(2) to conduct outreach to and consult with community
members, including parents, students, and other stakeholders,
such as tribal leaders, to develop a plan to extend learning
time within or beyond the school day or year;
``(3) to develop and implement an outreach strategy that
will encourage collaboration with public housing authorities,
libraries, businesses, museums, community-based
organizations, and other community groups and organizations
to coordinate challenging, high-quality educational
activities outside of the school day or year;
``(4) to support public school improvement efforts that
include expansion of time devoted to core academic subjects
and the extension of the school year to 210 days;
``(5) to research, develop and implement strategies,
including changes in curriculum and instruction, for
maximizing the quality and percentage of common core learning
time in the school day and extending learning time during or
beyond the school day or year;
``(6) to provide professional development for school staff
in innovative teaching methods that challenge and engage
students, and also increase the productivity of extended
learning time; and
[[Page 2190]]
``(7) to develop strategies to include parents, business
representatives, and other community members in the extended
time activities, especially as facilitators of activities
that enable teachers to have more time for planning,
individual student assistance, and professional development
activities.
``(f) Definitions.--For the purpose of this section the
term `common core learning time' means high-quality, engaging
instruction in challenging content in each of the following
core academic subjects described in the third National
Education Goal:
``(1) English.
``(2) Mathematics.
``(3) Science.
``(4) Foreign languages.
``(5) Civics and government.
``(6) Economics.
``(7) Arts.
``(8) History.
``(9) Geography.
``(g) Administration.--
``(1) Peer review.--The Secretary shall award grants under
this section pursuant to a peer review process.
``(2) Diversity.--In awarding grants under this section the
Secretary shall ensure that such grants are awarded to a
diversity of local educational agencies, including such
agencies that serve rural and urban areas.
``(h) Appropriations Authorization.--
``(1) In general.--For the purpose of carrying out this
section there are authorized to be appropriated $90,000,000
for fiscal year 1995 and such sums as may be necessary for
each of the four succeeding fiscal years.
``(2) Limitation.--Not less than 80 percent of any amount
appropriated under paragraph (1) shall be made available to
applicants seeking to extend their school year to not fewer
than 210 days.
``PART M--TERRITORIAL ASSISTANCE
``SEC. 10995. GENERAL ASSISTANCE FOR THE VIRGIN ISLANDS.
``There are authorized to be appropriated $5,000,000 for
fiscal year 1995 and for each of the 4 succeeding fiscal
years, for the purpose of providing general assistance to
improve public education in the Virgin Islands.
``TITLE XI--COORDINATED SERVICES
``SEC. 11001. FINDINGS AND PURPOSE.
``(a) Findings.--The Congress finds the following:
``(1) Growing numbers of children are negatively affected
by influences outside of the classroom which increase such
children's risk of academic failure.
``(2) Factors such as poor nutrition, unsafe living
conditions, physical and sexual abuse, family and gang
violence, inadequate health care, unemployment, lack of child
care, and substance abuse, adversely affect family
relationships and the ability of a child to learn.
``(3) Parents and other caregivers in today's high pressure
society often face demands which place restraints on such
parents' and caregivers' time and affect such parents' and
caregivers' ability to adequately provide for the needs of
the families of such parents and caregivers.
``(4) Access to health and social service programs can
address the basic physical and emotional needs of children so
that children can fully participate in the learning
experiences offered children in school.
``(5) Services for at-risk students need to be more
convenient, and less fragmented, regulated and duplicative,
in order to meet the needs of children and their families.
``(6) School personnel, parents, and support service
providers often lack knowledge of, and access to, available
services for at-risk students and their families in the
community, and have few resources to coordinate services and
make services accessible.
``(7) Service providers, such as teachers, social workers,
health care and child care providers, juvenile justice
workers and others, are often trained in separate disciplines
that provide little support for the coordination of services.
``(8) Coordination of services is more cost effective
because such coordination substitutes prevention for
expensive crisis intervention.
``(9) Coordinating health and social services with
education can help the Nation meet the National Education
Goals by ensuring better outcomes for children.
``(b) Purpose of Coordinating Services.--The purpose of
this title is to provide elementary and secondary school
students and their families better access to the social,
health and education services necessary for students to
succeed in school and for their families to take an active
role in ensuring that such students receive the best possible
education.
``SEC. 11002. DEFINITIONS.
``For the purpose of this title--
``(1) the term `coordinated services project' means a
comprehensive approach to meeting the educational, health,
social service, and other needs of children and their
families, including foster children and their foster
families, through a communitywide partnership that links
public and private agencies providing such services or access
to such services through a coordination site at or near a
school; and
``(2) the term `eligible entity' means a local educational
agency, school, or a consortium of schools.
``SEC. 11003. AUTHORITY.
``In order to use funds made available under section
14206(b) for the development, or the implementation or
expansion, of a coordinated service project an eligible
entity shall have an application approved under subsection
(b) or (c), respectively, of section 11004.
``SEC. 11004. PROJECT DEVELOPMENT AND IMPLEMENTATION.
``(a) Applications.--Each eligible entity desiring to use
funds made available under section 14206(b) shall submit an
application to the Secretary at such time, in such manner and
accompanied by such information as the Secretary may
reasonably require.
``(b) Project Development Plan.--The application for the
development of the coordinated services project under this
title shall cover a period of not more than 1 year and shall
include a plan that--
``(1) demonstrates that an assessment will be performed of
the economic, social, and health barriers to educational
achievement experienced by children and families, including
foster children and their foster families, in the community,
and the local, State, Federal, and privately funded services
available to meet such needs;
``(2) identifies the measures that will be taken to
establish a communitywide partnership that links public and
private agencies providing services to children and families;
and
``(3) identifies any other measures that will be taken to
develop a comprehensive plan for the implementation or
expansion of a coordinated services project.
``(c) Project Implementation or Expansion Plan.--The
application for the implementation or expansion of a
coordinated services project under this title shall contain a
plan that includes--
``(1) the results of a children and families needs
assessment, which shall include an assessment of the needs of
foster children;
``(2) a description of the entities operating the
coordinated services project;
``(3) a description of the proposed coordinated services
project, the objectives of such project, where such project
will be located, and the staff that will be used to carry out
such project;
``(4) a description of how the success of the coordinated
services project will be evaluated;
``(5) a description of the training to be provided to
teachers and appropriate personnel;
``(6) information regarding whether a sliding scale fee for
services will be employed, and if not, an explanation of why
such scale is not feasible; and
``(7) when applicable, strategies to ensure that the health
and welfare needs of migratory families are addressed.
``SEC. 11005. USES OF FUNDS.
``(a) Uses.--
``(1) In general.--Funds made available under section
14206(b) may be used for planning for, or the implementation
or expansion of, activities which include--
``(A) hiring a services coordinator;
``(B) making minor renovations to existing buildings;
``(C) purchasing basic operating equipment;
``(D) improving communications and information-sharing
among entities participating in the coordinated services
project;
``(E) providing training to teachers and appropriate
personnel concerning such teacher's and personnel's role in a
coordinated services project; or
``(F) conducting the needs assessment required in section
11004(b)(1).
``(2) Prohibition.--Funds made available under section
14206(b) shall not be used for the direct provision of any
health or health-related services.
``(b) Federal Funds To Supplement, Not Supplant, Non-
Federal Funds.--An eligible entity shall use funds received
under this title only to supplement the amount of funds that
would, in the absence of such Federal funds, be made
available from non-Federal sources for coordinated services,
and not to supplant such funds.
``SEC. 11006. CONTINUING AUTHORITY.
``The Secretary shall prohibit an eligible entity from
using funds made available under section 14206(b) if the
Secretary determines that the coordinated services project
assisted under this title is not achieving effective
coordination after two years of implementation of such
project.
``SEC. 11007. FEDERAL AGENCY COORDINATION.
``(a) Agency Coordination.--The Secretaries of Education,
Health and Human Services, Labor, Housing and Urban
Development, Treasury, and Agriculture, and the Attorney
General shall review the programs administered by their
agencies to identify barriers to service coordination.
``(b) Report to Congress.--Such Secretaries and the
Attorney General shall submit jointly a report to the
Congress not later than two years after the date of the
enactment of the Improving America's Schools Act of 1994,
based on the review required under subsection (a)
recommending legislative and regulatory action to address
such barriers, and during the time preceding the submission
of such report, shall use waiver authorities authorized under
this and other Acts to address such barriers.
``TITLE XII--SCHOOL FACILITIES INFRASTRUCTURE IMPROVEMENT ACT
``SEC. 12001. SHORT TITLE.
``This title may be cited as the `Education Infrastructure
Act of 1994'.
``SEC. 12002. FINDINGS.
``The Congress finds the following:
``(1) According to a 1991 survey conducted by the American
Association of School Administrators, 74 percent of all
public school buildings in the United States need to be
replaced.
[[Page 2191]]
``(2) Almost one-third of such buildings were built prior
to World War II.
``(3) It is estimated that one of every four public school
buildings in the United States is in inadequate condition,
and of such buildings, 61 percent need maintenance or major
repairs, 43 percent are obsolete, 42 percent contain
environmental hazards, 25 percent are overcrowded, and 13
percent are structurally unsound.
``(4) Large numbers of local educational agencies have
difficulties securing financing for school facility
improvement, including school libraries, media centers, and
facilities.
``(5) Improving the quality of public elementary and
secondary schools will help our Nation meet the National
Education Goals.
``(6) The challenges facing our Nation's public elementary
and secondary schools require the concerted and collaborative
efforts of all levels of government and all sectors of the
community.
``SEC. 12003. PURPOSE.
``The purpose of this title is to help the Nation meet the
National Education Goals through the provision of Federal
funds to enable local educational agencies to meet the costs
associated with the improvement of schools within their
jurisdiction.
``SEC. 12004. IMPROVEMENT OF PUBLIC ELEMENTARY AND SECONDARY
EDUCATION FACILITIES PROGRAM AUTHORIZED.
``(a) Program Authority.--
``(1) In general.--From amounts appropriated under section
12013 for any fiscal year, the Secretary shall award grants
to eligible local educational agencies with applications
approved under section 12005 to carry out the authorized
activities described in section 12007.
``(2) Special rule.--The Secretary may reserve not more
than 1 percent of the amount appropriated under section 12013
to provide assistance to Indian schools in accordance with
this title.
``(b) Award Categories.--
``(1) In general.--From the funds appropriated to carry out
this title for each fiscal year, the Secretary shall award
grants to eligible local educational agencies in each of the
following categories:
``(A) Eligible local educational agencies in which the
number of students enrolled is less than 2,500.
``(B) Such agencies in which such number is 2,500 or
greater but less than 5,000.
``(C) Such agencies in which such number is 5,000 or
greater but less than 10,000.
``(D) Such agencies in which such number is 10,000 or
greater but less than 25,000.
``(E) Such agencies in which such number is 25,000 or
greater but less than 50,000.
``(F) Such agencies in which such number is 50,000 or
greater.
``(c) Maximum Award Amounts.--The Secretary shall annually
set the maximum award amounts for each category described in
subsection (b)(1).
``SEC. 12005. AWARD OF GRANTS.
``(a) Criteria.--The Secretary shall award grants under
this title on the basis of--
``(1) high numbers or percentages of the total number of
children aged 5 to 17, inclusive, residing in the geographic
area served by an eligible local educational agency who are
counted under subpart 2 of part A of title I;
``(2) the extent to which the eligible local educational
agency lacks the fiscal capacity, including the ability to
raise funds through the full use of such agency's bonding
capacity and otherwise, to undertake the project without
Federal assistance;
``(3) the threat the condition of the physical plant poses
to the safety and well-being of students;
``(4) the demonstrated need for the construction,
reconstruction, or renovation based on the condition of the
facility;
``(5) the age of the facility to be renovated or replaced;
and
``(6) such other criteria as the Secretary may prescribe by
regulation.
``(b) Allocation Among Categories.--The Secretary shall
allocate funds under this title among each of the categories
described in paragraph (1) on such basis as the Secretary
determines is appropriate, including--
``(1) the relative numbers or percentages of students
counted under subpart 2 of part A of title I; and
``(2) the relative costs of carrying out activities under
this title in eligible local educational agencies in each
such category.
``(c) Frequency of Awards.--No local educational agency may
receive more than one grant under this title in any five-year
period.
``(d) Special Rule.--The Secretary shall only award grants
under this title if the Secretary determines that sufficient
funds will be provided under this title or from other
sources, such as the issuance of bonds, or savings generated
from performance contracting, to carry out the activities for
which assistance is sought.
``SEC. 12006. APPLICATIONS.
``(a) Applications Required.--Each eligible local
educational agency desiring to receive a grant under this
title shall submit an application to the Secretary.
``(b) Application Contents.--Each application described in
subsection (a) shall contain--
``(1) an assurance that the application was developed in
consultation with parents and classroom teachers;
``(2) a description of each architectural, civil,
structural, mechanical, or electrical deficiency to be
corrected with funds provided under this title, including the
priority for the repair of the deficiency;
``(3) a description of the criteria used by the applicant
to determine the type of corrective action necessary to meet
the purpose of this title;
``(4) a description of the improvement to be supported with
funds provided under this title;
``(5) a cost estimate of the proposed improvement;
``(6) an identification of other resources, such as unused
bonding capacity, that are available to carry out the
activities for which funds are requested under this title;
``(7) a description of how activities supported with funds
provided under this title will promote energy conservation;
and
``(8) such other information and assurances as the
Secretary may reasonably require.
``SEC. 12007. AUTHORIZED ACTIVITIES.
``(a) In General.--Each eligible local educational agency
receiving a grant under this title shall use the grant funds
only to ensure the health and safety of students through the
repair, renovation, alteration, and construction of a public
elementary or secondary school library, media center, or
facility, used for academic or vocational instruction.
``(b) Particular Activities.--Subject to subsection (a),
each eligible local educational agency receiving a grant
under this title may use the grant funds to meet the
requirements of section 504 of the Rehabilitation Act of 1973
and the Americans with Disabilities Act of 1990.
``SEC. 12008. GENERAL PROVISIONS.
``(a) Budget and Accounting.--In the performance of, and
with respect to, the functions, powers, and duties under this
title, the Secretary, notwithstanding the provisions of any
other law, shall--
``(1) prepare annually and submit a budget program as
provided for wholly owned Government corporations by chapter
91 of title 31, United States Code; and
``(2) maintain a set of accounts which shall be audited by
the Comptroller General in accordance with the provisions of
chapter 35 of title 31, United States Code, but such
financial transactions of the Secretary, as the making of
loans and vouchers approved by the Secretary, in connection
with such financial transactions shall be final and
conclusive upon all officers of the Government.
``(b) Use of Funds.--Funds made available to the Secretary
pursuant to the provisions of this title shall be deposited
in a checking account or accounts with the Treasurer of the
United States. Receipts and assets obtained or held by the
Secretary in connection with the performance of functions
under this title, and all funds available for carrying out
the functions of the Secretary under this title (including
appropriations therefor, which are hereby authorized), shall
be available, in such amounts as may from year to year be
authorized by the Congress, for the administrative expenses
of the Secretary in connection with the performance of such
functions.
``(c) Legal Powers.--In the performance of, and with
respect to, the functions, powers, and duties under this
title, the Secretary, notwithstanding the provisions of any
other law, may--
``(1) prescribe such rules and regulations as may be
necessary to carry out the purposes of this title;
``(2) sue and be sued;
``(3) foreclose on any property or commence any action to
protect or enforce any right conferred upon the Secretary by
any law, contract, or other agreement, and bid for and
purchase at any foreclosure or any other sale any property in
connection with which the Secretary has made a loan pursuant
to this part;
``(4) in the event of any such acquisition, notwithstanding
any other provision of law relating to the acquisition,
handling, or disposal of real property by the United States,
complete, administer, remodel and convert, dispose of, lease,
and otherwise deal with, such property, but any such
acquisition of real property shall not deprive any State or
political subdivision of such State civil or criminal
jurisdiction in and over such property or impair the civil
rights under the State or local laws of the inhabitants on
such property;
``(5) sell or exchange at public or private sale, or lease,
real or personal property, and sell or exchange any
securities or obligations, upon such terms as the Secretary
may fix;
``(6) obtain insurance against loss in connection with
property and other assets held; and
``(7) include in any contract or instrument made pursuant
to this title such other covenants, conditions, or provisions
as may be necessary to assure that the purposes of this title
will be achieved.
``(d) Contracts for Supplies or Services.--Section 3709 of
the Revised Statutes shall not apply to any contract for
services or supplies on account of any property acquired
pursuant to this subtitle if the amount of such contract does
not exceed $1,000.
``(e) Applicability of Government Corporation Control
Act.--The provisions of section 9107(a) of title 31, United
States Code, which are applicable to corporations or agencies
subject to chapter 91 of such title, shall also be applicable
to the activities of the Secretary under this title.
``SEC. 12009. FAIR WAGES.
``All laborers and mechanics employed by contractors or
subcontractors in the performance of any contract and
subcontract for the repair, renovation, alteration, or
construction, including painting and decorating,
[[Page 2192]]
of any building or work that is financed in whole or in part
by a grant under this title, shall be paid wages not less
than those determined by the Secretary of Labor in accordance
with the Act of March 3, 1931 (commonly known as the Davis-
Bacon Act); as amended (40 U.S.C. 276a-276a-5). The Secretary
of Labor shall have the authority and functions set forth in
reorganization plan of No. 14 of 1950 (15 FR 3176; 64 Stat.
1267) and section 2 of the Act of June 1, 1934 (commonly
known as the Copeland Anti-Kickback Act) as amended (40
U.S.C. 276c, 48 Stat. 948).
``SEC. 12010. REQUIREMENTS.
``(a) Special Rules.--
``(1) Maintenance of effort.--An eligible local educational
agency may receive a grant under this title for any fiscal
year only if the Secretary finds that either the combined
fiscal effort per student or the aggregate expenditures of
that agency and the State with respect to the provision of
free public education by such local educational agency for
the preceding fiscal year was not less than 90 percent of
such combined fiscal effort or aggregate expenditures for the
fiscal year for which the determination is made.
``(2) Supplement not supplant.--An eligible local
educational agency shall use funds received under this title
only to supplement the amount of funds that would, in the
absence of such Federal funds, be made available from non-
Federal sources for the repair, renovation, alteration, and
construction of school facilities used for educational
purposes, and not to supplant such funds.
``(b) General Limitations.--
``(1) Real property.--No part of any grant funds under this
title shall be used for the acquisition of any interest in
real property.
``(2) Maintenance.--Nothing in this title shall be
construed to authorize the payment of maintenance costs in
connection with any projects constructed in whole or in part
with Federal funds provided under this title.
``(3) Environmental safeguards.--All projects carried out
with Federal funds provided under this title shall comply
with all relevant Federal, State, and local environmental
laws and regulations.
``(4) Athletic and similar facilities.--No funds received
under this title shall be used for stadiums or other
facilities that are primarily used for athletic contests or
exhibitions or other events for which admission is charged to
the general public.
``SEC. 12011. FEDERAL ASSESSMENT.
``The Secretary shall reserve not more than 1 percent of
funds appropriated for each fiscal year under section 15013--
``(1) to collect such data as the Secretary determines
necessary at the school, local, and State levels; and
``(2) to conduct studies and evaluations, including
national studies and evaluations, in order to--
``(A) monitor the progress of projects supported with funds
provided under this title; and
``(B) evaluate the state of United States public elementary
and secondary school libraries, media centers, and
facilities; and
``(3) to report to the Congress by July 1, 1997, regarding
the findings of the studies and evaluations described in
paragraph (2).
``SEC. 12012. DEFINITIONS.
``For the purpose of this title--
``(1) the term `construction' means the alteration or
renovation of a building, structure, or facility, including--
``(A) the concurrent installation of equipment; and
``(B) the complete or partial replacement of an existing
facility, but only if such replacement is less expensive and
more cost-effective than alteration, renovation, or repair of
the facility;
``(2) the term `school' means a public structure suitable
for use as a classroom, laboratory, library, media center, or
related facility, the primary purpose of which is the
instruction of public elementary and secondary school
students.
``(3) the term `eligible local education agency' means a
local educational agency in which--
``(A) not less than 15 percent of the children that reside
in the geographic area served by such agency are eligible to
be counted under subpart 2 of part A of title I of this Act;
or
``(B) the United States owns Federal property described in
section 8015(5), that has an assessed value (determined as of
the time or times when acquired) aggregating 90 percent or
more of the assessed value of all real property in such
agency (determined as of the time or times when so acquired);
and
``(C) demonstrates in the application submitted under
section 12006 that such agency has urgent repair, renovation,
alteration and construction needs for its public elementary
or secondary schools used for academic or vocational
instruction.
``SEC. 12013. AUTHORIZATION.
``There are authorized to be appropriated to carry out this
title $200,000,000 for fiscal year 1995 and such sums as may
be necessary for each of the four succeeding fiscal years.
``TITLE XIII--SUPPORT AND ASSISTANCE PROGRAMS TO IMPROVE EDUCATION
``SEC. 13001. FINDINGS.
``The Congress finds that--
``(1) high-quality technical assistance can enhance the
improvements in teaching and learning achieved through the
implementation of programs under this Act;
``(2) comprehensive technical assistance and effective
program dissemination are essential ingredients of the
overall strategy of the Improving America's Schools Act of
1994 to improve programs and provide all children
opportunities to meet challenging State content standards and
challenging State student performance standards;
``(3) States, local educational agencies, tribes, and
schools serving students with special needs, such as students
with limited-English proficiency and students with
disabilities, have great need for comprehensive technical
assistance in order to use funds under this Act to provide
such students with opportunities to learn to challenging
State content standards and challenging State student
performance standards;
``(4) current technical assistance and dissemination
efforts are fragmented and categorical in nature, and thus
fail to address adequately the needs of States, local
educational agencies and tribes for help in integrating into
a coherent strategy for improving teaching and learning the
various programs under this Act with State and local programs
and other education reform efforts;
``(5) too little creative use is made of technology as a
means of providing information and assistance in a cost-
effective way;
``(6) comprehensive technical assistance can help schools
and school systems focus on improving opportunities for all
children to meet challenging State content standards and
challenging State student performance standards, as such
schools and systems implement programs under this Act;
``(7) comprehensive technical assistance will provide
coordinated assistance to help States, local educational
agencies, tribes, participating colleges and universities,
and schools integrate Federal, State, and local education
programs in ways that contribute to improving schools and
entire school systems;
``(8) technical assistance in support of programs under
this Act should be coordinated with the Department's regional
offices, the regional educational laboratories, State
Literacy Resource Centers, vocational resource centers, and
other technical assistance efforts supported by the
Department; and
``(9) technical assistance providers should prioritize
assistance for local educational agencies and schools.
``SEC. 13002. PURPOSE.
``The purpose of this title is to create a national
technical assistance and dissemination system to make
available to States, local educational agencies, tribes,
schools, and other recipients of funds under this Act
technical assistance in--
``(1) administering and implementing programs under this
Act;
``(2) implementing school reform programs in a manner that
improves teaching and learning for all students;
``(3) coordinating such programs with other Federal, State,
and local education plans and activities, so that all
students, particularly students at risk of educational
failure, are provided opportunities to meet challenging State
content standards and challenging State student performance
standards; and
``(4) adopting, adapting, and implementing promising and
proven practices for improving teaching and learning.
``PART A--COMPREHENSIVE REGIONAL ASSISTANCE CENTERS
``SEC. 13101. PROGRAM AUTHORIZED.
``(a) Comprehensive Regional Assistance Centers.--
``(1) In general.--The Secretary is authorized to award
grants to, or enter into contracts or cooperative agreements
with, public or private nonprofit entities or consortia of
such entities in order to establish a networked system of 15
comprehensive regional assistance centers to provide
comprehensive training and technical assistance, related to
administration and implementation of programs under this Act,
to States, local educational agencies, schools, tribes,
community-based organizations, and other recipients of funds
under this Act.
``(2) Consideration.--In establishing comprehensive
regional assistance centers and allocating resources among
the centers, the Secretary shall consider--
``(A) the geographic distribution of students assisted
under title I;
``(B) the geographic and linguistic distribution of
students of limited-English proficiency;
``(C) the geographic distribution of Indian students;
``(D) the special needs of students living in urban and
rural areas; and
``(E) the special needs of States and outlying areas in
geographic isolation.
``(3) Special rule.--The Secretary shall establish 1
comprehensive regional assistance center under this section
in Hawaii.
``(b) Service to Indians and Alaska Natives.--The Secretary
shall ensure that each comprehensive regional assistance
center that serves a region with a significant population of
Indian or Alaska Native students shall--
``(1) be awarded to a consortium which includes a tribally
controlled community college or other Indian organization;
and
``(2) assist in the development and implementation of
instructional strategies, methods and materials which address
the specific cultural and other needs of Indian or Alaska
Native students.
``(c) Accountability.--To ensure the quality and
effectiveness of the networked system of comprehensive
regional assistance centers supported under this part, the
Secretary shall--
``(1) develop, in consultation with the Assistant Secretary
for Elementary and Secondary Education, the Director of
Bilingual Education and Minority Languages Affairs,
[[Page 2193]]
and the Assistant Secretary for Educational Research and
Improvement, a set of performance indicators that assesses
whether the work of the centers assists in improving teaching
and learning under this Act for all children, particularly
children at risk of educational failure;
``(2) conduct surveys every two years of populations to be
served under this Act to determine if such populations are
satisfied with the access to and quality of such services;
``(3) collect, as part of the Department's reviews of
programs under this Act, information about the availability
and quality of services provided by the centers, and share
that information with the centers; and
``(4) take whatever steps are reasonable and necessary to
ensure that each center performs its responsibilities in a
satisfactory manner, which may include--
``(A) termination of an award under this part (if the
Secretary concludes that performance has been unsatisfactory)
and the selection of a new center; and
``(B) whatever interim arrangements the Secretary
determines are necessary to ensure the satisfactory delivery
of services under this part to an affected region.
``(d) Duration.--Grants, contracts or cooperative
agreements under this section shall be awarded for a period
of 5 years.
``SEC. 13102. REQUIREMENTS OF COMPREHENSIVE REGIONAL
ASSISTANCE CENTERS.
``(a) In General.--Each comprehensive regional assistance
center established under section 13101(a) shall--
``(1) maintain appropriate staff expertise and provide
support, training, and assistance to State educational
agencies, tribal divisions of education, local educational
agencies, schools, and other grant recipients under this Act,
in--
``(A) improving the quality of instruction, curricula,
assessments, and other aspects of school reform, supported
with funds under title I;
``(B) implementing effective schoolwide programs under
section 1114;
``(C) meeting the needs of children served under this Act,
including children in high-poverty areas, migratory children,
immigrant children, children with limited-English
proficiency, neglected or delinquent children, homeless
children and youth, Indian children, children with
disabilities, and, where applicable, Alaska Native children
and Native Hawaiian children;
``(D) implementing high-quality professional development
activities for teachers, and where appropriate,
administrators, pupil services personnel and other staff;
``(E) improving the quality of bilingual education,
including programs that emphasize English and native language
proficiency and promote multicultural understanding;
``(F) creating safe and drug-free environments, especially
in areas experiencing high levels of drug use and violence in
the community and school;
``(G) implementing educational applications of technology;
``(H) coordinating services and programs to meet the needs
of students so that students can fully participate in the
educational program of the school;
``(I) expanding the involvement and participation of
parents in the education of their children;
``(J) reforming schools, school systems, and the governance
and management of schools;
``(K) evaluating programs; and
``(L) meeting the special needs of students living in urban
and rural areas and the special needs of local educational
agencies serving urban and rural areas;
``(2) ensure that technical assistance staff have
sufficient training, knowledge, and expertise in how to
integrate and coordinate programs under this Act with each
other, as well as with other Federal, State, and local
programs and reforms;
``(3) provide technical assistance using the highest
quality and most cost-effective strategies possible;
``(4) coordinate services, work cooperatively, and
regularly share information with, the regional educational
laboratories, the Eisenhower regional consortia under part C,
research and development centers, State literacy centers
authorized under the National Literacy Act of 1991, and other
entities engaged in research, development, dissemination, and
technical assistance activities which are supported by the
Department as part of a Federal technical assistance system,
to provide a broad range of support services to schools in
the region while minimizing the duplication of such services;
``(5) work collaboratively with the Department's regional
offices;
``(6) consult with representatives of State educational
agencies, local educational agencies, and populations served
under this Act;
``(7) provide services to States, local educational
agencies, tribes, and schools, in coordination with the
National Diffusion Network State Facilitators activities
under section 13201, in order to better implement the
purposes of this part and provide the support and assistance
diffusion agents need to carry out such agents' mission
effectively; and
``(8) provide professional development services to State
educational agencies, local educational agencies, and the
National Diffusion Network State Facilitators to increase the
capacity of such entities to provide high-quality technical
assistance in support of programs under this Act.
``(b) Priority.--Each comprehensive regional assistance
center assisted under this part shall give priority to
servicing--
``(1) schoolwide programs under section 1114; and
``(2) local educational agencies and Bureau-funded schools
with the highest percentages or numbers of children in
poverty.
``SEC. 13103. MAINTENANCE OF SERVICE AND APPLICATION
REQUIREMENTS.
``(a) Maintenance of Service.--The Secretary shall ensure
that the comprehensive regional assistance centers funded
under this part provide technical assistance services that
address the needs of educationally disadvantaged students,
including students in urban and rural areas, and bilingual,
migrant, immigrant, and Indian students, that are at least
comparable to the level of such technical assistance services
provided under programs administered by the Secretary on the
day preceding the date of enactment of the Improving
America's Schools Act of 1994.
``(b) Application Requirements.--Each entity or consortium
desiring assistance under this part shall submit an
application to the Secretary at such time, in such manner and
accompanied by such information, as the Secretary may
require. Each such application shall--
``(1) demonstrate how the comprehensive regional assistance
center will provide expertise and services in the areas
described in section 13102;
``(2) demonstrate how such centers will work with the
National Diffusion Network under section 13201 to conduct
outreach to local educational agencies receiving priority
under section 13401;
``(3) demonstrate support from States, local educational
agencies and tribes in the area to be served;
``(4) demonstrate how such centers will ensure a fair
distribution of services to urban and rural areas; and
``(5) provide such other information as the Secretary may
require.
``SEC. 13104. TRANSITION.
``(a) In General.--The Secretary shall use funds
appropriated to carry out this part for fiscal years 1995 and
1996 in order to ensure an orderly transition and phase in of
the comprehensive regional assistance centers assisted under
this part.
``(b) Extension of Previous Centers.--
``(1) In general.--The Secretary shall, notwithstanding any
other provision of law, use funds appropriated under section
13105 to extend or continue contracts and grants for existing
categorical technical assistance centers assisted under this
Act (as such Act was in effect on the day preceding the date
of enactment of the Improving America's Schools Act of 1994)
through fiscal year 1996, and take other necessary steps to
ensure a smooth transition of services provided under this
part and that such services will not be interrupted,
curtailed, or substantially diminished.
``(2) Staff expertise.--In planning for the competition for
the new comprehensive regional assistance centers under this
part, the Secretary may draw on the expertise of staff from
existing categorical assistance centers assisted under this
Act prior to date of enactment of the Improving America's
Schools Act of 1994.
``SEC. 13105. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this part, there are
authorized to be appropriated $70,000,000 for fiscal year
1995 and such sums as may be necessary for each of the four
succeeding fiscal years.
``PART B--NATIONAL DIFFUSION NETWORK
``SEC. 13201. PROGRAM AUTHORIZED.
``(a) Authority.--
``(1) In general.--In order to implement the purposes of
this title, the Secretary is authorized to establish the
National Diffusion Network (hereafter referred to in this Act
as `NDN') to carry out a State-based outreach, consultation,
training, and dissemination program.
``(2) Program requirements.--In carrying out the program
under this part, the Secretary shall award grants and
contracts to National Diffusion Network State Facilitators in
each State and outlying area, and to the Bureau of Indian
Affairs, in order to assist State and local educational
agencies, schools, and other appropriate educational
entities--
``(A) to identify and secure appropriate, high-quality
technical assistance from the comprehensive regional
assistance centers under part A and other sources; and
``(B) to identify and implement exemplary or promising
educational programs and practices.
``(b) Eligible Entities.--The Secretary shall award grants
and contracts under this section to public or private
nonprofit organizations or institutions with demonstrated
expertise in the areas of applied education research and
program dissemination.
``(c) Administration.--The program under this part shall be
administered through the Office of Reform Assistance and
Dissemination established under section 941(b) of the
Educational Research, Development, Dissemination, and
Improvement Act of 1994.
``(d) Coordination.--The National Diffusion Network State
Facilitators shall work in close cooperation, and coordinate
their activities, with the comprehensive regional assistance
centers established under part A.
``(e) State Facilitator Activities.--The National Diffusion
Network State Facilitators shall provide professional
development and technical assistance services to assist State
educational agencies, local edu-
[[Page 2194]]
cational agencies, tribal divisions of education, schools,
family and adult literacy programs, and other entities
assisted under this Act, in--
``(1) defining such entities' technical assistance needs
and aligning such needs with school reform under title I,
professional development, and technology plans;
``(2) securing the technical assistance and professional
development services that can best fulfill such needs by
utilizing the services of the comprehensive regional
assistance centers, the regional education laboratories, the
Eisenhower regional consortia, State Literacy Resource
Centers authorized under the National Literacy Act of 1991
and other technical assistance providers, including local
providers of professional development services;
``(3) identifying educational technology needs and securing
the necessary technical assistance to address such needs in
coordination with the Eisenhower regional consortia under
part C and the regional technical assistance and professional
development consortia under subpart 3 of title III; and
``(4) utilizing technology, including regional and national
electronic networks, to increase such entities' access to
technical assistance, professional development services, and
dissemination of effective programs and promising practices.
``(f) Additional Duties.--In addition, National Diffusion
Network State Facilitators shall--
``(1) disseminate information about school reform and
effective and promising practices, and help local educational
agencies and schools adapt such reform and practices to such
agencies' needs;
``(2) identify educational programs and practices for
possible dissemination throughout the State and Nation;
``(3) promote and facilitate teacher networks throughout
the State;
``(4) develop and implement an aggressive outreach plan for
reaching the local educational agencies and schools receiving
priority under section 13401; and
``(5) provide such other outreach, coordination, and
dissemination services as may be necessary to achieve the
purposes of this title.
``(g) National Diffusion Network Effective Programs and
Promising Practices System.--
``(1) In general.--The Secretary shall develop a system of
validating effective programs and promising practices for
dissemination through the National Diffusion Network. Such
system may include exemplary programs funded through any
office of the Department, the National Science Foundation, or
other Federal agencies and shall be coordinated, aligned
with, and administered by, the Office of Reform Assistance
and Dissemination established under section 941(b) of the
Educational Research, Development, Dissemination, and
Improvement Act of 1994.
``(2) Priority.--The Secretary shall give priority to
identifying, validating, and disseminating effective
schoolwide projects, programs addressing the needs of high
poverty schools, and programs with the capacity to offer
high-quality, sustained technical assistance. The Office of
Educational Research and Improvement Office of Reform
Assistance and Dissemination shall also administer a grant
program for the purpose of dissemination and the provision of
technical assistance regarding such system.
``(3) Priority of services.--The National Diffusion Network
State Facilitators shall give priority in providing the
services described in this section to--
``(A) schoolwide program under section 1114; and
``(B) local educational agencies and Bureau-funded schools
with the highest percentages or numbers of children in
poverty.
``SEC. 13202. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this part, there are
authorized to be appropriated $25,000,000 for fiscal year
1995 and such sums as may be necessary for each of the four
succeeding fiscal years.
``PART C--EISENHOWER REGIONAL MATHEMATICS AND SCIENCE EDUCATION
CONSORTIA
``SEC. 13301. PROGRAM ESTABLISHED.
``(a) In General.--
``(1) Grants authorized.--The Secretary, in consultation
with the Director of the National Science Foundation, is
authorized to award grants or contracts to eligible entities
to enable such entities to establish and operate regional
mathematics and science education consortia for the purpose
of--
``(A) disseminating exemplary mathematics and science
education instructional materials; and
``(B) providing technical assistance for the implementation
of teaching methods and assessment tools for use by
elementary and secondary school students, teachers and
administrators.
``(2) Number.--The Secretary, in accordance with the
provisions of this section, shall award at least one grant or
contract to an eligible entity in each region.
``(3) Special rule.--In any fiscal year, if the amount made
available pursuant to section 13308 is less than $4,500,000,
then the Secretary may waive the provisions of paragraph (2)
and award grants or contracts of sufficient size, scope, and
quality to carry out this section.
``(4) Designation.--Each regional consortium assisted under
this section shall be known as an `Eisenhower regional
consortium'.
``(b) Grant Term and Review.--Grants or contracts under
this part shall be awarded for a period of not more than five
years and shall be reviewed before the end of the 30-month
period beginning on the date the grant or contract is
awarded. Grants or contracts under this part shall be awarded
before the end of the 12-month period beginning on the date
of the enactment of an Act making appropriations to carry out
this part.
``(c) Amount.--In awarding grants or contracts under this
part, the Secretary shall ensure that there is a relatively
equal distribution of the funds made available among the
regions, except that the Secretary may award additional funds
to a regional consortium on the basis of population and
geographical conditions of the region being served.
``SEC. 13302. USE OF FUNDS.
``Funds provided under this part may be used by a regional
consortium, under the direction of a regional board
established under section 13304, to--
``(1) work cooperatively with the other regional consortia,
the Eisenhower National Clearinghouse for Science and
Mathematics Education established under section 2102(b) and
federally-funded technical assistance providers to more
effectively accomplish the activities described in this
section;
``(2) assist, train and provide technical assistance to
classroom teachers, administrators, and other educators to
identify, implement, assess or adapt the instructional
materials, teaching methods and assessment tools described in
section 13301(a)(1);
``(3) provide for the training of classroom teachers to
enable such teachers to instruct other teachers,
administrators, and educators in the use of the instructional
materials, teaching methods and assessment tools described in
section 13301(a)(1) in the classroom;
``(4) when necessary, provide financial assistance to
enable teachers and other educators to attend and participate
in the activities of the regional consortium;
``(5) implement programs and activities designed to meet
the needs of groups that are underrepresented in, and
underserved by, mathematics and science education;
``(6) assist State and local educational agencies in
identifying science equipment needs and help such agencies or
consortia thereof assess the need for and desirability of
regional mathematics and science academies;
``(7) develop and disseminate early childhood education
mathematics and science instructional materials;
``(8) disseminate information regarding informal
mathematics and science education activities and programs
offered by Federal agencies and private or public agencies
and institutions within the region;
``(9) collect data on activities assisted under this part
in order to evaluate the effectiveness of the activities of
the regional consortia;
``(10) identify exemplary teaching practices and materials
from within the region and communicate such practices and
materials to the Eisenhower National Clearinghouse for
Mathematics and Science Education;
``(11) communicate, on a regular basis, with entities
within the region who are delivering services to students and
teachers of mathematics and science;
``(12) assist in the development and evaluation of State
and regional plans and activities that hold promise of
bringing about systemic reform in student performance in
mathematics and science; and
``(13) increase the use of informal education entities
(such as science technology centers, museums, libraries,
Saturday academies, and 4H programs) for educational purposes
to expand student knowledge and understanding.
``SEC. 13303. APPLICATION AND REVIEW.
``(a) In General.--Each eligible entity desiring a grant or
contract under this part shall submit an application to the
Secretary at such time, in such manner, and accompanied by
such additional information as the Secretary may reasonably
require. Each such application shall--
``(1) demonstrate that the eligible entity has demonstrated
expertise in the fields of mathematics and science education;
``(2) demonstrate that the eligible entity shall implement
and disseminate mathematics and science education
instructional materials, teaching methods, and assessment
tools through a consortium of the region's mathematics and
science education organizations and agencies;
``(3) demonstrate that the eligible entity shall carry out
the functions of the regional consortium;
``(4) demonstrate that emphasis will be given to programs
and activities designed to meet the needs of groups that are
underrepresented in, and underserved by, mathematics and
science education;
``(5) demonstrate that the business community in the region
served by the regional consortium will play an integral role
in designing and supporting the regional consortium's work;
``(6) demonstrate that the eligible entity will consider
the resources of telecommunications partnerships assisted
under the Star Schools Program Assistance Act (as such Act
was in effect on the day preceding the date of enactment of
the Improving America's Schools Act of 1994) in carrying out
the provisions of this part, where appropriate; and
[[Page 2195]]
``(7) assure that the entity will conduct its activities
and supervise its personnel in a manner that effectively
ensures compliance with the copyright laws of the United
States under title 17, United States Code.
``(b) Approval of Application.--
``(1) In general.--The Secretary shall approve or
disapprove applications submitted pursuant to subsection (a)
in accordance with the criteria and procedures established
under paragraph (2).
``(2) Procedures and criteria.--The Secretary shall develop
procedures and criteria designed to ensure that grants or
contracts are competitively awarded on the basis of merit
determined under a peer review process.
``(3) National panel.--(A) The Secretary, in consultation
with the Director, shall establish a national panel, or to
the extent necessary, panels, to submit to the Secretary
recommendations for awards of grants or contracts under this
part. The Secretary shall appoint the members of such panel
or panels.
``(B) Each panel appointed under subparagraph (A) shall
include participation, to the extent feasible, from each
region.
``SEC. 13304. REGIONAL BOARDS.
``(a) In General.--Each eligible entity receiving a grant
or contract under this part shall establish a regional board
to oversee the administration and establishment of program
priorities for the regional consortium established by such
eligible entity. Such regional board shall be broadly
representative of the agencies and organizations
participating in the regional consortium.
``(b) Prohibition on Use of Federal Funds.--No Federal
funds may be used for the establishment or operation of a
regional board required by subsection (a), except that at the
discretion of a regional board, Federal funds may be used to
provide assistance such as travel and accommodations for
board members who could not otherwise afford to participate
as members of the board.
``SEC. 13305. PAYMENTS; FEDERAL SHARE; NON-FEDERAL SHARE.
``(a) Payments.--The Secretary shall pay to each eligible
entity having an application approved under section 13303 the
Federal share of the cost of the activities described in the
application.
``(b) Federal Share.--For the purpose of subsection (a),
the Federal share shall be 80 percent.
``(c) Non-Federal Share.--The non-Federal share of the cost
of activities described in the application submitted under
section 13303 may be in cash or in kind, fairly evaluated. At
least 10 percent of such non-Federal share shall be from
sources other than the Federal Government, or State or local
government.
``SEC. 13306. EVALUATION.
``(a) Evaluation Required.--The Secretary, through the
Office of Educational Research and Improvement and in
accordance with section 14701, shall collect sufficient data
on, and evaluate the effectiveness of, the activities of each
regional consortium.
``(b) Assessment.--The evaluations described in paragraph
(1) shall include an assessment of the effectiveness of the
regional consortium in meeting the needs of the schools,
teachers, administrators and students in the region.
``(c) Report.--At the end of each grant or contract period,
the Secretary shall submit to the Congress a report on the
effectiveness of the programs conducted at each regional
consortium.
``SEC. 13307. DEFINITIONS.
``For purposes of this part:
``(1) The term `eligible entity' means--
``(A) a private nonprofit organization of demonstrated
effectiveness;
``(B) an institution of higher education;
``(C) an elementary or secondary school;
``(D) a State or local educational agency;
``(E) a regional educational laboratory in consortium with
the research and development center established under section
931(c)(1)(B)(i) of the Educational Research, Development,
Dissemination, and Improvement Act of 1994; or
``(F) any combination of the entities described in
subparagraphs (A) through (E),
with demonstrated expertise in mathematics and science
education.
``(2) The terms `mathematics' and `science' include the
technology education associated with mathematics and science,
respectively.
``(3) The term `region' means a region of the United States
served by a regional education laboratory that is supported
by the Secretary pursuant to section 405(d)(4)(A)(i) of the
General Education Provisions Act (as such section was in
existence on the day preceding the date of enactment of the
Goals 2000: Educate America Act).
``(4) The term `regional consortium' means each regional
mathematics and science education consortium established
pursuant to section 13301.
``(5) The term `State agency for higher education' means
the State board of higher education or other agency or
officer primarily responsible for the State supervision of
higher education, or, if there is no such officer or agency,
an officer or agency designated for the purpose of carrying
out this part by the Governor or by State law.
``SEC. 13308. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $23,000,000 for
fiscal year 1995, and such sums as may be necessary for each
of the 4 succeeding fiscal years, to carry out this part.
``PART D--TECHNOLOGY-BASED TECHNICAL ASSISTANCE
``SEC. 13401. TECHNOLOGY-BASED TECHNICAL ASSISTANCE.
``The Secretary is authorized to provide a technology-based
technical assistance service that will--
``(1) support the administration and implementation of
programs under this Act by providing information, including
legal and regulatory information, and technical guidance and
information, about best practices; and
``(2) be accessible to all States, local educational
agencies, schools, community-based organizations and others
who are recipients of funds under this Act.
``TITLE XIV--GENERAL PROVISIONS
``PART A--DEFINITIONS
``SEC. 14101. DEFINITIONS.
``Except as otherwise provided, for the purposes of this
Act, the following terms have the following meanings:
``(1) Average daily attendance.--(A) Except as provided
otherwise by State law or this paragraph, the term `average
daily attendance' means--
``(i) the aggregate number of days of attendance of all
students during a school year; divided by
``(ii) the number of days school is in session during such
school year.
``(B) The Secretary shall permit the conversion of average
daily membership (or other similar data) to average daily
attendance for local educational agencies in States that
provide State aid to local educational agencies on the basis
of average daily membership or such other data.
``(C) If the local educational agency in which a child
resides makes a tuition or other payment for the free public
education of the child in a school located in another school
district, the Secretary shall, for purposes of this Act--
``(i) consider the child to be in attendance at a school of
the agency making such payment; and
``(ii) not consider the child to be in attendance at a
school of the agency receiving such payment.
``(D) If a local educational agency makes a tuition payment
to a private school or to a public school of another local
educational agency for a child with disabilities, as defined
in section 602(a)(1) of the Individuals with Disabilities
Education Act, the Secretary shall, for the purposes of this
Act, consider such child to be in attendance at a school of
the agency making such payment.
``(2) Average per-pupil expenditure.--The term `average
per-pupil expenditure' means, in the case of a State or of
the United States--
``(A) without regard to the source of funds--
``(i) the aggregate current expenditures, during the third
fiscal year preceding the fiscal year for which the
determination is made (or, if satisfactory data for that year
are not available, during the most recent preceding fiscal
year for which satisfactory data are available) of all local
educational agencies in the State or, in the case of the
United States for all States (which, for the purpose of this
paragraph, means the 50 States and the District of Columbia);
plus
``(ii) any direct current expenditures by the State for the
operation of such agencies; divided by
``(B) the aggregate number of children in average daily
attendance to whom such agencies provided free public
education during such preceding year.
``(3) Child.--The term `child' means any person within the
age limits for which the State provides free public
education.
``(4) Community-based organization.--The term `community-
based organization' means a public or private nonprofit
organization of demonstrated effectiveness that--
``(A) is representative of a community or significant
segments of a community; and
``(B) provides educational or related services to
individuals in the community.
``(5) Consolidated local application.--The term
`consolidated local application' means an application
submitted by a local educational agency pursuant to section
14302.
``(6) Consolidated local plan.--The term `consolidated
local plan' means a plan submitted by a local educational
agency pursuant to section 14302.
``(7) Consolidated state application.--The term
`consolidated State application' means an application
submitted by a State educational agency pursuant to section
14302.
``(8) Consolidated state plan.--The term `consolidated
State plan' means a plan submitted by a State educational
agency pursuant to section 14302.
``(9) County.--The term `county' means one of the divisions
of a State used by the Secretary of Commerce in compiling and
reporting data regarding counties.
``(10) Covered program.--The term `covered program' means
each of the programs authorized by--
``(A) part A of title I;
``(B) part C of title I;
``(C) title II (other than section 2103 and part C);
``(D) subpart 2 of part A of title III;
``(E) part A of title IV (other than section 4114); and
``(F) title VI.
``(11) The term `current expenditures' means expenditures
for free public education--
``(A) including expenditures for administration,
instruction, attendance and health services, pupil
transportation services, oper-
[[Page 2196]]
ation and maintenance of plant, fixed charges, and net
expenditures to cover deficits for food services and student
body activities; but
``(B) not including expenditures for community services,
capital outlay, and debt service, or any expenditures made
from funds received under title I and title VI.
``(12) Department.--The term `Department' means the
Department of Education.
``(13) Educational service agency.--The term `educational
service agency' means a regional public multiservice agency
authorized by State statute to develop, manage, and provide
services or programs to local educational agencies.
``(14) Elementary school.--The term `elementary school'
means a nonprofit institutional day or residential school
that provides elementary education, as determined under State
law.
``(15) Free public education.--The term `free public
education' means education that is provided--
``(A) at public expense, under public supervision and
direction, and without tuition charge; and
``(B) as elementary or secondary school education as
determined under applicable State law, except that such term
does not include any education provided beyond grade 12.
``(16) Gifted and talented.--The term `gifted and
talented', when used with respect to students, children or
youth, means students, children or youth who give evidence of
high performance capability in areas such as intellectual,
creative, artistic, or leadership capacity, or in specific
academic fields, and who require services or activities not
ordinarily provided by the school in order to fully develop
such capabilities.
``(17) Institution of higher education.--The term
`institution of higher education' has the meaning given that
term in section 1201(a) of the Higher Education Act of 1965.
``(18) Local educational agency.--(A) The term `local
educational agency' means a public board of education or
other public authority legally constituted within a State for
either administrative control or direction of, or to perform
a service function for, public elementary or secondary
schools in a city, county, township, school district, or
other political subdivision of a State, or for such
combination of school districts or counties as are recognized
in a State as an administrative agency for its public
elementary or secondary schools.
``(B) The term includes any other public institution or
agency having administrative control and direction of a
public elementary or secondary school.
``(C) The term includes an elementary or secondary school
funded by the Bureau of Indian Affairs but only to the extent
that such inclusion makes such school eligible for programs
for which specific eligibility is not provided to such school
in another provision of law and such school does not have a
student population that is smaller than the student
population of the local educational agency receiving
assistance under this Act with the smallest student
population, except that such school shall not be subject to
the jurisdiction of any State educational agency other than
the Bureau of Indian Affairs.
``(19) Mentoring.--The term `mentoring' means a program in
which an adult works with a child or youth on a 1-to-1 basis,
establishing a supportive relationship, providing academic
assistance, and introducing the child or youth to new
experiences that enhance the child or youth's ability to
excel in school and become a responsible citizen.
``(20) Other staff.--The term `other staff' means pupil
services personnel, librarians, career guidance and
counseling personnel, education aides, and other
instructional and administrative personnel.
``(21) Outlying area.--The term `outlying area' means the
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and for the purpose of section 1121
and any other discretionary grant program under this Act, the
Republic of the Marshall Islands, the Federated States of
Micronesia, and the Republic of Palau.
``(22) Parent.--The term `parent' includes a legal guardian
or other person standing in loco parentis.
``(23) Public telecommunication entity.--The term `public
telecommunication entity' has the same meaning given to such
term in section 397(12) of the Communications Act of 1934.
``(24) Pupil services personnel; pupil services.--(A) The
term `pupil services personnel' means school counselors,
school social workers, school psychologists, and other
qualified professional personnel involved in providing
assessment, diagnosis, counseling, educational, therapeutic,
and other necessary services (including related services as
such term is defined in section 602(a)(17) of the Individuals
with Disabilities Education Act) as part of a comprehensive
program to meet student needs.
``(B) The term `pupil services' means the services provided
by pupil services personnel.
``(25) Secondary school.--The term `secondary school' means
a nonprofit institutional day or residential school that
provides secondary education, as determined under State law,
except that such term does not include any education beyond
grade 12.
``(26) Secretary.--The term `Secretary' means the Secretary
of Education.
``(27) State.--The term `State' means each of the 50
States, the District of Columbia, the Commonwealth of Puerto
Rico, and each of the outlying areas.
``(28) State educational agency.--The term `State
educational agency' means the agency primarily responsible
for the State supervision of public elementary and secondary
schools.
``(29) Technology.--The term `technology' means the latest
state-of-the-art technology products and services, such as
closed circuit television systems, educational television or
radio programs and services, cable television, satellite,
copper fiber optic transmission, computer hardware and
software, video and audio laser and CD-ROM disks, video and
audio tapes, including interactive forms of such products and
services, or other technologies.
``SEC. 14102. APPLICABILITY OF THIS TITLE.
``Parts B, C, D, E, and F of this title do not apply to
title VIII of this Act.
``SEC. 14103. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS
OPERATED SCHOOLS.
``For purposes of any competitive program under this Act, a
consortia of schools operated by the Bureau of Indian
Affairs, a school operated under a contract or grant with the
Bureau of Indian Affairs in consortia with another contract
or grant school or tribal or community organization, or a
Bureau of Indian Affairs school in consortia with an
institution of higher education, a contract or grant school
and tribal or community organization shall be given the same
consideration as a local educational agency.
``PART B--FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS
``SEC. 14201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR
ELEMENTARY AND SECONDARY EDUCATION PROGRAMS.
``(a) Consolidation of Administrative Funds.--
``(1) In general.--A State educational agency may
consolidate the amounts specifically made available to such
agency for State administration under one or more of the
programs specified under paragraph (2) if such State
educational agency can demonstrate that the majority of such
agency's resources come from non-Federal sources.
``(2) Applicability.--This section applies to programs
under title I, those covered programs described in
subparagraphs (C), (D), (E), and (F) of section 14101(10),
and administrative funds under section 308(c) of the Goals
2000: Educate America Act.
``(b) Use of Funds.--
``(1) In general.--A State educational agency shall use the
amount available under this section for the administration of
the programs included in the consolidation under subsection
(a).
``(2) Additional uses.--A State educational agency may also
use funds available under this section for administrative
activities designed to enhance the effective and coordinated
use of funds under the programs included in the consolidation
under subsection (a), such as--
``(A) the coordination of such programs with other Federal
and non-Federal programs;
``(B) the establishment and operation of peer-review
mechanisms under this Act;
``(C) the administration of this title;
``(D) the dissemination of information regarding model
programs and practices; and
``(E) technical assistance under programs specified in
subsection (a)(2).
``(c) Records.--A State educational agency that
consolidates administrative funds under this section shall
not be required to keep separate records, by individual
program, to account for costs relating to the administration
of programs included in the consolidation under subsection
(a).
``(d) Review.--To determine the effectiveness of State
administration under this section, the Secretary may
periodically review the performance of State educational
agencies in using consolidated administrative funds under
this section and take such steps as the Secretary finds
appropriate to ensure the effectiveness of such
administration.
``(e) Unused Administrative Funds.--If a State educational
agency does not use all of the funds available to such agency
under this section for administration, such agency may use
such funds during the applicable period of availability as
funds available under one or more programs included in the
consolidation under subsection (a).
``(f) Consolidation of Funds for Standards and Assessment
Development.--In order to develop challenging State standards
and assessments, a State educational agency may consolidate
the amounts made available to such agency for such purposes
under title I of this Act and title III of the Goals 2000:
Educate America Act.
``SEC. 14202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.
``A State educational agency that also serves as a local
educational agency, in such agency's applications or plans
under this Act, shall describe how such agency will eliminate
duplication in the conduct of administrative functions.
``SEC. 14203. CONSOLIDATION OF FUNDS FOR LOCAL
ADMINISTRATION.
``(a) General Authority.--In accordance with regulations of
the Secretary, a local educational agency, with the approval
of its State educational agency, may consolidate and use for
the administration of one or more covered programs for any
fiscal year not more than the percentage, established in each
covered program, of the total amount available to the local
educational agency under such covered programs.
``(b) State Procedures.--Within one year from the date of
enactment of the Improving
[[Page 2197]]
America's Schools Act of 1994, a State educational agency
shall, in collaboration with local educational agencies in
the State, establish procedures for responding to requests
from local educational agencies to consolidate administrative
funds under subsection (a) and for establishing limitations
on the amount of funds under covered programs that may be
used for administration on a consolidated basis.
``(c) Conditions.--A local educational agency that
consolidates administrative funds under this section for any
fiscal year shall not use any other funds under the programs
included in the consolidation for administration for that
fiscal year.
``(d) Uses of Administrative Funds.--A local educational
agency that consolidates administrative funds under this
section may use such consolidated funds for the
administration of covered programs and for the uses described
in section 14201(b)(2).
``(e) Records.--A local educational agency that
consolidates administrative funds under this section shall
not be required to keep separate records, by individual
covered program, to account for costs relating to the
administration of covered programs included in the
consolidation.
``SEC. 14204. ADMINISTRATIVE FUNDS STUDIES.
``(a) Federal Funds Study.--
``(1) In general.--The Secretary shall conduct a study of
the use of funds under this Act for the administration, by
State and local educational agencies, of all covered
programs, including the percentage of grant funds used for
such purpose in all covered programs.
``(2) State data.--Beginning in fiscal year 1995 and each
succeeding fiscal year thereafter, each State educational
agency which receives funds under title I shall submit to the
Secretary a report on the use of title I funds for the State
administration of activities assisted under title I. Such
report shall include the proportion of State administrative
funds provided under section 1603 that are expended for--
``(A) basic program operation and compliance monitoring;
``(B) statewide program services such as development of
standards and assessments, curriculum development, and
program evaluation; and
``(C) technical assistance and other direct support to
local educational agencies and schools.
``(3) Federal funds report.--The Secretary shall complete
the study conducted under this section not later than July 1,
1997, and shall submit to the President and the appropriate
committees of the Congress a report regarding such study
within 30 days of the completion of such study.
``(4) Results.--Based on the results of the study described
in subsection (a)(1), which may include collection and
analysis of the data under paragraph (2) and section 410(b)
of the Improving America's Schools Act of 1994, the Secretary
shall--
``(A) develop a definition of what types of activities
constitute the administration of programs under this Act by
State and local educational agencies; and
``(B) within one year of the completion of such study,
promulgate final regulations or guidelines regarding the use
of funds for administration under all programs, including the
use of such funds on a consolidated basis and limitations on
the amount of such funds that may be used for administration
where such limitation is not otherwise specified in law.
``(b) General Administrative Funds Study and Report.--Upon
the date of completion of the pilot model data system
described in section 410(b) of the Improving America's
Schools Act of 1994, the Secretary shall study the
information obtained through the use of such data system and
other relevant information, as well as any other data systems
which are in use on such date that account for administrative
expenses at the school, local educational agency, and State
educational agency level, and shall report to the Congress
not later than July 1, 1997, regarding--
``(1) the potential for the reduction of administrative
expenses at the school, local educational agency, and State
educational agency levels;
``(2) the potential usefulness of such data system to
reduce such administrative expenses;
``(3) any other methods which may be employed by schools,
local educational agencies or State educational agencies to
reduce administrative expenses and maximize the use of funds
for functions directly affecting student learning; and
``(4) if appropriate, steps which may be taken to assist
schools, local educational agencies and State educational
agencies to account for and reduce administrative expenses.
``SEC. 14205. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE
INTERIOR FUNDS.
``(a) General Authority.--
``(1) Transfer.--The Secretary shall transfer to the
Department of the Interior, as a consolidated amount for
covered programs, the Indian education programs under part A
of title IX of this Act, and the education for homeless
children and youth program under subtitle B of title VII of
the Stewart B. McKinney Homeless Assistance Act, the amounts
allotted to the Department of the Interior under those
programs.
``(2) Agreement.--(A) The Secretary and the Secretary of
the Interior shall enter into an agreement, consistent with
the requirements of the programs specified in paragraph (1),
for the distribution and use of those program funds under
terms that the Secretary determines best meet the purposes of
those programs.
``(B) The agreement shall--
``(i) set forth the plans of the Secretary of the Interior
for the use of the amount transferred, the steps to be taken
to achieve the National Education Goals, and performance
measures to assess program effectiveness, including
measurable goals and objectives; and
``(ii) be developed in consultation with Indian tribes.
``(b) Administration.--The Department of the Interior may
use not more than 1.5 percent of the funds consolidated under
this section for such department's costs related to the
administration of the funds transferred under this section.
``SEC. 14206. AVAILABILITY OF UNNEEDED PROGRAM FUNDS.
``(a) Unneeded Program Funds.--With the approval of its
State educational agency, a local educational agency that
determines for any fiscal year that funds under a covered
program (other than part A of title I) are not needed for the
purpose of that covered program, may use such funds, not to
exceed five percent of the total amount of such local
educational agency's funds under that covered program, for
the purpose of another covered program.
``(b) Coordination of Services.--A local educational
agency, individual school, or consortium of schools may use a
total of not more than five percent of the funds such agency,
school, or consortium, respectively, receives under this Act
for the establishment and implementation of a coordinated
services project in accordance with the requirements of title
XI of this Act.
``PART C--COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS
AND APPLICATIONS
``SEC. 14301. PURPOSE.
``It is the purpose of this part to improve teaching and
learning by encouraging greater cross-program coordination,
planning, and service delivery under this Act and enhanced
integration of programs under this Act with educational
activities carried out with State and local funds.
``SEC. 14302. OPTIONAL CONSOLIDATED STATE PLANS OR
APPLICATIONS.
``(a) General Authority.--
``(1) Simplification.--In order to simplify application
requirements and reduce the burden for State educational
agencies under this Act, the Secretary, in accordance with
subsection (b), shall establish procedures and criteria under
which a State educational agency may submit a consolidated
State plan or a consolidated State application meeting the
requirements of this section for--
``(A) each of the covered programs in which the State
participates; and
``(B) the additional programs described in paragraph (2).
``(2) Additional programs.--A State educational agency may
also include in its consolidated State plan or consolidated
State application--
``(A) the Even Start program under part B of title I;
``(B) the Prevention and Intervention Programs for Youth
Who Are Neglected, Delinquent, or At-Risk of Dropping Out
under part D of title I;
``(C) programs under part A of title II of the Carl D.
Perkins Vocational and Applied Technology Education Act;
``(D) programs under the Goals 2000: Educate America Act;
``(E) programs under the School-to-Work Opportunities Act
of 1994; and
``(F) such other programs as the Secretary may designate.
``(3) Consolidated applications and plans.--A State
educational agency that submits a consolidated State plan or
a consolidated State application under this section shall not
be required to submit separate State plans or applications
under any of the programs to which the consolidated State
plan or consolidated State application under this section
applies.
``(b) Collaboration.--
``(1) In general.--In establishing criteria and procedures
under this section, the Secretary shall collaborate with
State educational agencies and, as appropriate, with other
State agencies, local educational agencies, public and
private nonprofit agencies, organizations, and institutions,
private schools, and representatives of parents, students,
and teachers.
``(2) Contents.--Through the collaborative process
described in subsection (b)(1), the Secretary shall
establish, for each program under the Act to which this
section applies, the descriptions, information, assurances,
and other material required to be included in a consolidated
State plan or consolidated State application.
``(3) Necessary materials.--The Secretary shall require
only descriptions, information, assurances, and other
materials that are absolutely necessary for the consideration
of the consolidated State plan or consolidated State
application.
``SEC. 14303. GENERAL APPLICABILITY OF STATE EDUCATIONAL
AGENCY ASSURANCES.
``(a) Assurances.--A State educational agency that submits
a consolidated State plan or consolidated State application
under this Act, whether separately or under section 14302,
shall have on file with the Sec-
[[Page 2198]]
retary a single set of assurances, applicable to each program
for which such plan or application is submitted, that
provides that--
``(1) each such program will be administered in accordance
with all applicable statutes, regulations, program plans, and
applications;
``(2)(A) the control of funds provided under each such
program and title to property acquired with program funds
will be in a public agency, in a nonprofit private agency,
institution, or organization, or in an Indian tribe if the
law authorizing the program provides for assistance to such
entities; and
``(B) the public agency, nonprofit private agency,
institution, or organization, or Indian tribe will administer
such funds and property to the extent required by the
authorizing law;
``(3) the State will adopt and use proper methods of
administering each such program, including--
``(A) the enforcement of any obligations imposed by law on
agencies, institutions, organizations, and other recipients
responsible for carrying out each program;
``(B) the correction of deficiencies in program operations
that are identified through audits, monitoring, or
evaluation; and
``(C) the adoption of written procedures for the receipt
and resolution of complaints alleging violations of law in
the administration of such programs;
``(4) the State will cooperate in carrying out any
evaluation of each such program conducted by or for the
Secretary or other Federal officials;
``(5) the State will use such fiscal control and fund
accounting procedures as will ensure proper disbursement of,
and accounting for, Federal funds paid to the State under
each such program;
``(6) the State will--
``(A) make reports to the Secretary as may be necessary to
enable the Secretary to perform the Secretary's duties under
each such program; and
``(B) maintain such records, provide such information to
the Secretary, and afford access to the records as the
Secretary may find necessary to carry out the Secretary's
duties; and
``(7) before the plan or application was submitted to the
Secretary, the State has afforded a reasonable opportunity
for public comment on the plan or application and has
considered such comment.
``(b) GEPA Provision.--Section 441 of the General Education
Provisions Act shall not apply to programs under this Act.
``SEC. 14304. ADDITIONAL COORDINATION.
``(a) Additional Coordination.--In order to explore ways
for State educational agencies to reduce administrative
burdens and promote the coordination of the education
services of this Act with other health and social service
programs administered by such agencies, the Secretary is
directed to seek agreements with other Federal agencies
(including the Departments of Health and Human Services,
Justice, Labor and Agriculture) for the purpose of
establishing procedures and criteria under which a State
educational agency would submit a consolidated State plan or
consolidated State application that meets the requirements of
the covered programs.
``(b) Report.--The Secretary shall report to the relevant
committees 6 months after the date of enactment of the
Improving America's Schools Act of 1994.
``SEC. 14305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.
``(a) General Authority.--A local educational agency
receiving funds under more than one covered program may
submit plans or applications to the State educational agency
under such programs on a consolidated basis.
``(b) Required Consolidated Plans or Applications.--A State
educational agency that has submitted and had approved a
consolidated State plan or application under section 14302
may require local educational agencies in the State receiving
funds under more than one program included in the
consolidated State plan or consolidated State application to
submit consolidated local plans or applications under such
programs.
``(c) Collaboration.--A State educational agency shall
collaborate with local educational agencies in the State in
establishing procedures for the submission of the
consolidated State plans or consolidated State applications
under this section.
``(d) Necessary Materials.--The State educational agency
shall require only descriptions, information, assurances, and
other material that are absolutely necessary for the
consideration of the local educational agency plan or
application.
``SEC. 14306. OTHER GENERAL ASSURANCES.
``(a) Assurances.--Any applicant other than a State
educational agency that submits a plan or application under
this Act, whether separately or pursuant to section 14304,
shall have on file with the State educational agency a single
set of assurances, applicable to each program for which a
plan or application is submitted, that provides that--
``(1) each such program will be administered in accordance
with all applicable statutes, regulations, program plans, and
applications;
``(2)(A) the control of funds provided under each such
program and title to property acquired with program funds
will be in a public agency or in a nonprofit private agency,
institution, organization, or Indian tribe, if the law
authorizing the program provides for assistance to such
entities; and
``(B) the public agency, nonprofit private agency,
institution, or organization, or Indian tribe will administer
such funds and property to the extent required by the
authorizing statutes;
``(3) the applicant will adopt and use proper methods of
administering each such program, including--
``(A) the enforcement of any obligations imposed by law on
agencies, institutions, organizations, and other recipients
responsible for carrying out each program; and
``(B) the correction of deficiencies in program operations
that are identified through audits, monitoring, or
evaluation;
``(4) the applicant will cooperate in carrying out any
evaluation of each such program conducted by or for the State
educational agency, the Secretary or other Federal officials;
``(5) the applicant will use such fiscal control and fund
accounting procedures as will ensure proper disbursement of,
and accounting for, Federal funds paid to such applicant
under each such program;
``(6) the applicant will--
``(A) make reports to the State educational agency and the
Secretary as may be necessary to enable such agency and the
Secretary to perform their duties under each such program;
and
``(B) maintain such records, provide such information, and
afford access to the records as the State educational agency
or the Secretary may find necessary to carry out the State
educational agency's or the Secretary's duties; and
``(7) before the application was submitted, the applicant
afforded a reasonable opportunity for public comment on the
application and has considered such comment.
``(b) GEPA Provision.--Section 442 of the General Education
Provisions Act does not apply to programs under this Act.
``SEC. 14307. RELATIONSHIP OF STATE AND LOCAL PLANS TO PLANS
UNDER THE GOALS 2000: EDUCATE AMERICA ACT.
``(a) State Plans.--
``(1) In general.--Each State plan submitted under the
following programs shall be integrated with each other and
the State's improvement plan, if any, either approved or
being developed, under title III of the Goals 2000: Educate
America Act, the School-to-Work Opportunities Act of 1994,
and the Carl D. Perkins Vocational and Applied Technology
Education Act:
``(A) Part A of title I (helping disadvantaged children
meet high standards).
``(B) Part C of title I (education of migratory children).
``(C) Part D of title I (education of neglected,
delinquent, and at-risk youth).
``(D) Title II (professional development).
``(E) Title IV (safe and drug-free schools).
``(F) Title VI (innovative education program strategies).
``(G) Subpart 4 of part A of title IX (Indian education).
``(2) Special rule.--Notwithstanding any other provision of
this Act, if a requirement relating to a State plan referred
to in paragraph (1) is already satisfied by the approved
State improvement plan for such State under title III of the
Goals 2000: Educate America Act, the State plan referred to
in paragraph (1) need not separately address that
requirement.
``(3) Amendment.--Any State plan referred to in paragraph
(1) may, if necessary, be submitted as an amendment to the
State improvement plan for such State under title III of the
Goals 2000: Educate America Act.
``(b) Local Plans.--
``(1) In general.--Each local educational agency plan
submitted under the following programs shall be integrated
with each other and its local improvement plan, if any,
either approved or being developed, under title III of the
Goals 2000: Educate America Act:
``(A) Part A of title I (helping disadvantaged children
meet high standards).
``(B) Title II (professional development).
``(C) Title IV (safe and drug-free schools).
``(D) Subpart 4 of part A of title IX (Indian education).
``(E) Subpart 1 of part A of title VII (bilingual
education).
``(F) Title VI (innovative education program strategies).
``(G) Part C of title VII (emergency immigrant education).
``(2) Plan of operation.--Each plan of operation included
in an application submitted by an eligible entity under part
B of title I (Even Start) shall be consistent with, and
promote the goals of, the State and local improvement plans,
either approved or being developed, under title III of the
Goals 2000: Educate America Act or, if those plans are not
approved or being developed, with the State and local plans
under sections 1111 and 1112.
``(3) Special rule.--Notwithstanding any other provision of
this Act, if a requirement relating to a local plan referred
to in paragraph (1) is already satisfied by the local
educational agency's approved local improvement plan under
title III of the Goals 2000: Educate America Act, the local
plan referred to in paragraph (1) need not separately address
that requirement.
``(4) Submission.--Any local plan referred to in paragraph
(1) may, if necessary, be submitted as an amendment to the
local educational agency's improvement plan under title III
of the Goals 2000: Educate America Act.
``PART D--WAIVERS
``SEC. 14401. WAIVERS OF STATUTORY AND REGULATORY
REQUIREMENTS.
``(a) In General.--Except as provided in subsection (c),
the Secretary may waive any
[[Page 2199]]
statutory or regulatory requirement of this Act for a State
educational agency, local educational agency, Indian tribe,
or school through a local educational agency, that--
``(1) receives funds under a program authorized by this
Act; and
``(2) requests a waiver under subsection (b).
``(b) Request for Waiver.--
``(1) In general.--A State educational agency, local
educational agency, or Indian tribe which desires a waiver
shall submit a waiver request to the Secretary that--
``(A) identifies the Federal programs affected by such
requested waiver;
``(B) describes which Federal requirements are to be waived
and how the waiving of such requirements will--
``(i) increase the quality of instruction for students; or
``(ii) improve the academic performance of students;
``(C) if applicable, describes which similar State and
local requirements will be waived and how the waiving of such
requirements will assist the local educational agencies,
Indian tribes or schools, as appropriate, to achieve the
objectives described in clauses (i) and (ii) of subparagraph
(B);
``(D) describes specific, measurable educational
improvement goals and expected outcomes for all affected
students;
``(E) describes the methods to be used to measure progress
in meeting such goals and outcomes; and
``(F) describes how schools will continue to provide
assistance to the same populations served by programs for
which waivers are requested.
``(2) Additional information.--Such requests--
``(A) may provide for waivers of requirements applicable to
State educational agencies, local educational agencies,
Indian tribes, and schools; and
``(B) shall be developed and submitted--
``(i)(I) by local educational agencies (on behalf of such
agencies and schools) to State educational agencies; and
``(II) by State educational agencies (on behalf of, and
based upon the requests of, local educational agencies) to
the Secretary; or
``(ii) by Indian tribes (on behalf of schools operated by
such tribes) to the Secretary.
``(3) General requirements.--(A) In the case of a waiver
request submitted by a State educational agency acting in its
own behalf, the State educational agency shall--
``(i) provide all interested local educational agencies in
the State with notice and an reasonable opportunity to
comment on the request;
``(ii) submit the comments to the Secretary; and
``(iii) provide notice and information to the public
regarding the waiver request in the manner that the applying
agency customarily provides similar notices and information
to the public.
``(B) In the case of a waiver request submitted by a local
educational agency that receives funds under this Act--
``(i) such request shall be reviewed by the State
educational agency and be accompanied by the comments, if
any, of such State educational agency; and
``(ii) notice and information regarding the waiver request
shall be provided to the public by the agency requesting the
waiver in the manner that such agency customarily provides
similar notices and information to the public.
``(c) Restrictions.--The Secretary shall not waive under
this section any statutory or regulatory requirements
relating to--
``(1) the allocation or distribution of funds to States,
local educational agencies, or other recipients of funds
under this Act;
``(2) maintenance of effort;
``(3) comparability of services;
``(4) use of Federal funds to supplement, not supplant,
non-Federal funds;
``(5) equitable participation of private school students
and teachers;
``(6) parental participation and involvement;
``(7) applicable civil rights requirements;
``(8) the requirement for a charter school under part C of
title X; or
``(9) the prohibitions regarding--
``(A) State aid in section 14502; or
``(B) use of funds for religious worship or instruction in
section 14507.
``(d) Duration and Extension of Waiver.--
``(1) In general.--Except as provided in paragraph (2), the
duration of a waiver approved by the Secretary under this
section may be for a period not to exceed three years.
``(2) Extension.--The Secretary may extend the period
described in paragraph (1) if the Secretary determines that--
``(A) the waiver has been effective in enabling the State
or affected recipients to carry out the activities for which
the waiver was requested and the waiver has contributed to
improved student performance; and
``(B) such extension is in the public interest.
``(e) Reports.--
``(1) Local waiver.--A local educational agency that
receives a waiver under this section shall at the end of the
second year for which a waiver is received under this
section, and each subsequent year, submit a report to the
State educational agency that--
``(A) describes the uses of such waiver by such agency or
by schools;
``(B) describes how schools continued to provide assistance
to the same populations served by the programs for which
waivers are requested; and
``(C) evaluates the progress of such agency and of schools
in improving the quality of instruction or the academic
performance of students.
``(2) State waiver.--A State educational agency that
receives reports required under paragraph (1) shall annually
submit a report to the Secretary that is based on such
reports and contains such information as the Secretary may
require.
``(3) Indian tribe waiver.--An Indian tribe that receives a
waiver under this section shall annually submit a report to
the Secretary that--
``(A) describes the uses of such waiver by schools operated
by such tribe; and
``(B) evaluates the progress of such schools in improving
the quality of instruction or the academic performance of
students.
``(4) Report to congress.--Beginning in fiscal year 1997
and each subsequent year, the Secretary shall submit to the
Committee on Education and Labor of the House of
Representatives and the Committee on Labor and Human
Resources of the Senate a report--
``(A) summarizing the uses of waivers by State educational
agencies, local educational agencies, Indian tribes, and
schools; and
``(B) describing whether such waivers--
``(i) increased the quality of instruction to students; or
``(ii) improved the academic performance of students.
``(f) Termination of Waivers.--The Secretary shall
terminate a waiver under this section if the Secretary
determines that the performance of the State or other
recipient affected by the waiver has been inadequate to
justify a continuation of the waiver or if the waiver is no
longer necessary to achieve its original purposes.
``(g) Publication.--A notice of the Secretary's decision to
grant each waiver under subsection (a) shall be published in
the Federal Register and the Secretary shall provide for the
dissemination of such notice to State educational agencies,
interested parties, including educators, parents, students,
advocacy and civil rights organizations, and the public.
``PART E--UNIFORM PROVISIONS
``SEC. 14501. MAINTENANCE OF EFFORT.
``(a) In General.--A local educational agency may receive
funds under a covered program for any fiscal year only if the
State educational agency finds that either the combined
fiscal effort per student or the aggregate expenditures of
such agency and the State with respect to the provision of
free public education by such agency for the preceding fiscal
year was not less than 90 percent of such combined fiscal
effort or aggregate expenditures for the second preceding
fiscal year.
``(b) Reduction in Case of Failure To Meet.--
``(1) In general.--The State educational agency shall
reduce the amount of the allocation of funds under a covered
program in any fiscal year in the exact proportion to which a
local educational agency fails to meet the requirement of
subsection (a) by falling below 90 percent of both the
combined fiscal effort per student and aggregate expenditures
(using the measure most favorable to such local agency).
``(2) Special rule.--No such lesser amount shall be used
for computing the effort required under subsection (a) for
subsequent years.
``(c) Waiver.--The Secretary may waive the requirements of
this section if the Secretary determines that such a waiver
would be equitable due to--
``(1) exceptional or uncontrollable circumstances such as a
natural disaster; or
``(2) a precipitous decline in the financial resources of
the local educational agency.
``SEC. 14502. PROHIBITION REGARDING STATE AID.
``A State shall not take into consideration payments under
this Act (other than under title VIII) in determining the
eligibility of any local educational agency in such State for
State aid, or the amount of State aid, with respect to free
public education of children.
``SEC. 14503. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND
TEACHERS.
``(a) Private School Participation.--
``(1) In general.--Except as otherwise provided in this
Act, to the extent consistent with the number of eligible
children in a State educational agency, local educational
agency, or educational service agency or consortium of such
agencies receiving financial assistance under a program
specified in subsection (b), who are enrolled in private
elementary and secondary schools in such agency or
consortium, such agency or consortium shall, after timely and
meaningful consultation with appropriate private school
officials, provide such children and their teachers or other
educational personnel, on an equitable basis, special
educational services or other benefits under such program.
``(2) Secular, neutral, and nonideological services or
benefits.--Educational services or other benefits, including
materials and equipment, provided under this section, shall
be secular, neutral, and nonideological.
``(3) Special rule.--Educational services and other
benefits provided under this section for such private school
children, teachers, and other educational personnel shall be
equitable in comparison to services and other benefits for
public school children, teachers, and other educational
personnel participating in such program.
``(4) Expenditures.--Expenditures for educational services
and other benefits provided under this section to eligible
private school
[[Page 2200]]
children, their teachers, and other educational personnel
serving such children shall be equal, taking into account the
number and educational needs of the children to be served, to
the expenditures for participating public school children.
``(5) Provision of services.--Such agency or consortium
described in subsection (a)(1) may provide such services
directly or through contracts with public and private
agencies, organizations, and institutions.
``(b) Applicability.--
``(1) In general.--This section applies to programs under--
``(A) part C of title I (migrant education);
``(B) title II (other than section 2103 and part C of such
title?);
``(C) title VII;
``(D) title III (other than part B of such title) (Star
Schools); and
``(E) part A of title IV (other than section 4114).
``(2) Definition.--For the purposes of this section, the
term `eligible children' means children eligible for services
under a program described in paragraph (1).
``(c) Consultation.--
``(1) In general.--To ensure timely and meaningful
consultation, a State educational agency, local educational
agency, educational service agency or consortium of such
agencies shall consult with appropriate private school
officials during the design and development of the programs
under this Act, on issues such as--
``(A) how the children's needs will be identified;
``(B) what services will be offered;
``(C) how and where the services will be provided; and
``(D) how the services will be assessed.
``(2) Timing.--Such consultation shall occur before the
agency or consortium makes any decision that affects the
opportunities of eligible private school children, teachers,
and other educational personnel to participate in programs
under this Act.
``(3) Discussion required.--Such consultation shall include
a discussion of service delivery mechanisms that the agency
or consortium could use to provide equitable services to
eligible private school children, teachers, administrators,
and other staff.
``(d) Public Control of Funds.--
``(1) In general.--The control of funds used to provide
services under this section, and title to materials,
equipment, and property purchased with such funds, shall be
in a public agency for the uses and purposes provided in this
Act, and a public agency shall administer such funds and
property.
``(2) Provision of services.--(A) The provision of services
under this section shall be provided--
``(i) by employees of a public agency; or
``(ii) through contract by such public agency with an
individual, association, agency, or organization.
``(B) In the provision of such services, such employee,
person, association, agency, or organization shall be
independent of such private school and of any religious
organization, and such employment or contract shall be under
the control and supervision of such public agency.
``(C) Funds used to provide services under this section
shall not be commingled with non-Federal funds.
``SEC. 14504. STANDARDS FOR BY-PASS.
``If, by reason of any provision of law, a State
educational agency, local educational agency, educational
service agency or consortium of such agencies is prohibited
from providing for the participation in programs of children
enrolled in, or teachers or other educational personnel from,
private elementary and secondary schools, on an equitable
basis, or if the Secretary determines that such agency or
consortium has substantially failed or is unwilling to
provide for such participation, as required by section 14503,
the Secretary shall--
``(1) waive the requirements of that section for such
agency or consortium; and
``(2) arrange for the provision of equitable services to
such children, teachers, or other educational personnel
through arrangements that shall be subject to the
requirements of this section and of sections 14503, 14505,
and 14506.
``SEC. 14505. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE
SCHOOL CHILDREN.
``(a) Procedures for Complaints.--The Secretary shall
develop and implement written procedures for receiving,
investigating, and resolving complaints from parents,
teachers, or other individuals and organizations concerning
violations of section 14503 by a State educational agency,
local educational agency, educational service agency, or
consortium of such agencies. Such individual or organization
shall submit such complaint to the State educational agency
for a written resolution by the State educational agency
within a reasonable period of time.
``(b) Appeals to the Secretary.--Such resolution may be
appealed by an interested party to the Secretary not later
than 30 days after the State educational agency resolves the
complaint or fails to resolve the complaint within a
reasonable period of time. Such appeal shall be accompanied
by a copy of the State educational agency's resolution, and a
complete statement of the reasons supporting the appeal. The
Secretary shall investigate and resolve each such appeal not
later than 120 days after receipt of the appeal.
``SEC. 14506. BY-PASS DETERMINATION PROCESS.
``(a) Review.--
``(1) In general.--(A) The Secretary shall not take any
final action under section 14504 until the State educational
agency, local educational agency, educational service agency,
or consortium of such agencies affected by such action has
had an opportunity, for not less than 45 days after receiving
written notice thereof, to submit written objections and to
appear before the Secretary to show cause why that action
should not be taken.
``(B) Pending final resolution of any investigation or
complaint that could result in a determination under this
section, the Secretary may withhold from the allocation of
the affected State or local educational agency the amount
estimated by the Secretary to be necessary to pay the cost of
those services.
``(2) Petition for review.--(A) If such affected agency or
consortium is dissatisfied with the Secretary's final action
after a proceeding under paragraph (1), such agency or
consortium may, within 60 days after notice of such action,
file with the United States court of appeals for the circuit
in which such State is located a petition for review of that
action.
``(B) A copy of the petition shall be forthwith transmitted
by the clerk of the court to the Secretary.
``(C) The Secretary upon receipt of the copy of the
petition shall file in the court the record of the
proceedings on which the Secretary based this action, as
provided in section 2112 of title 28, United States Code.
``(3) Findings of fact.--(A) The findings of fact by the
Secretary, if supported by substantial evidence, shall be
conclusive, but the court, for good cause shown, may remand
the case to the Secretary to take further evidence and the
Secretary may then make new or modified findings of fact and
may modify the Secretary's previous action, and shall file in
the court the record of the further proceedings.
``(B) Such new or modified findings of fact shall likewise
be conclusive if supported by substantial evidence.
``(4) Jurisdiction.--(A) Upon the filing of such petition,
the court shall have jurisdiction to affirm the action of the
Secretary or to set such action aside, in whole or in part.
``(B) The judgment of the court shall be subject to review
by the Supreme Court of the United States upon certiorari or
certification as provided in section 1254 of title 28, United
States Code.
``(b) Determination.--Any determination by the Secretary
under this section shall continue in effect until the
Secretary determines, in consultation with such agency or
consortium and representatives of the affected private school
children, teachers, or other educational personnel that there
will no longer be any failure or inability on the part of
such agency or consortium to meet the applicable requirements
of section 14503 or any other provision of this Act.
``(c) Payment From State Allotment.--When the Secretary
arranges for services pursuant to this section, the Secretary
shall, after consultation with the appropriate public and
private school officials, pay the cost of such services,
including the administrative costs of arranging for those
services, from the appropriate allocation or allocations
under this Act.
``(d) Prior Determination.--Any by-pass determination by
the Secretary under this Act as in effect on the day
preceding the date of enactment of the Improving America's
Schools Act of 1994 shall remain in effect to the extent the
Secretary determines that such determination is consistent
with the purpose of this section.
``SEC. 14507. PROHIBITION AGAINST FUNDS FOR RELIGIOUS WORSHIP
OR INSTRUCTION.
``Nothing contained in this Act shall be construed to
authorize the making of any payment under this Act for
religious worship or instruction.
``SEC. 14508. APPLICABILITY TO HOME SCHOOLS.
``Nothing in this Act shall be construed to affect home
schools.
``SEC. 14509. GENERAL PROVISION REGARDING NONRECIPIENT
NONPUBLIC SCHOOLS.
``Nothing in this Act shall be construed to permit, allow,
encourage, or authorize any Federal control over any aspect
of any private, religious, or home school, whether or not a
home school is treated as a private school or home school
under State law. This section shall not be construed to bar
private, religious, or home schools from participation in
programs or services under this Act.
``SEC. 14510. SCHOOL PRAYER.
``Any State or local educational agency that is adjudged by
a Federal court of competent jurisdiction to have willfully
violated a Federal court order mandating that such local
educational agency remedy a violation of the constitutional
right of any student with respect to prayer in public
schools, in addition to any other judicial remedies, shall be
ineligible to receive Federal funds under this Act until such
time as the local educational agency complies with such
order. Funds that are withheld under this section shall not
be reimbursed for the period during which the local
educational agency was in willful noncompliance.
``SEC. 14511. GENERAL PROHIBITIONS.
``(a) Prohibition.--None of the funds authorized under this
Act shall be used--
``(1) to develop or distribute materials, or operate
programs or courses of instruction directed at youth that are
designed to promote or encourage, sexual activity, whether
homosexual or heterosexual;
[[Page 2201]]
``(2) to distribute or to aid in the distribution by any
organization of legally obscene materials to minors on school
grounds;
``(3) to provide sex education or HIV prevention education
in schools unless such instruction is age appropriate and
includes the health benefits of abstinence; or
``(4) to operate a program of condom distribution in
schools.
``(b) Local Control.--Nothing in this section shall be
construed to--
``(1) authorize an officer or employee of the Federal
Government to mandate, direct, review, or control a State,
local educational agency, or schools' instructional content,
curriculum, and related activities;
``(2) limit the application of the General Education
Provisions Act;
``(3) require the distribution of scientifically or
medically false or inaccurate materials or to prohibit the
distribution of scientifically or medically true or accurate
materials; or
``(4) create any legally enforceable right.
``SEC. 14512. PROHIBITION ON FEDERAL MANDATES, DIRECTION, AND
CONTROL.
``Nothing in this Act shall be construed to authorize an
officer or employee of the Federal Government to mandate,
direct, or control a State, local educational agency, or
school's curriculum, program of instruction, or allocation of
State or local resources, or mandate a State or any
subdivision thereof to spend any funds or incur any costs not
paid for under this Act.
``SEC. 14513. REPORT.
``The Secretary shall report to the Congress not later than
180 days of the date of enactment of the Improving America's
Schools Act of 1994 regarding how the Secretary shall ensure
that audits conducted by Department employees of activities
assisted under this Act comply with changes to this Act made
by the Improving America's Schools Act of 1994, particularly
with respect to permitting children with similar educational
needs to be served in the same educational settings, where
appropriate.
``SEC. 14514. REQUIRED PARTICIPATION PROHIBITED.
``Notwithstanding any other provision of law, no State
shall be required to participate in any program under the
Goals 2000: Educate America Act, or to have content standards
or student performance standards approved or certified under
such Act, in order to receive assistance under this Act.
``PART F--GUN POSSESSION
``SEC. 14601. GUN-FREE REQUIREMENTS.
``(a) Short Title.--This section may be cited as the `Gun-
Free Schools Act of 1994'.
``(b) Requirements.--
``(1) In general.--Except as provided in paragraph (3),
each State receiving Federal funds under this Act shall have
in effect a State law requiring local educational agencies to
expel from school for a period of not less than one year a
student who is determined to have brought a weapon to a
school under the jurisdiction of local educational agencies
in that State, except that such State law shall allow the
chief administering officer of such local educational agency
to modify such expulsion requirement for a student on a case-
by-case basis.
``(2) Construction.--Nothing in this title shall be
construed to prevent a State from allowing a local
educational agency that has expelled a student from such a
student's regular school setting from providing educational
services to such student in an alternative setting.
``(3) Special rule.--(A) Any State that has a law in effect
prior to the date of enactment of the Improving America's
Schools Act of 1994 which is in conflict with the not less
than one year expulsion requirement described in paragraph
(1) shall have the period of time described in subparagraph
(B) to comply with such requirement.
``(B) The period of time shall be the period beginning on
the date of enactment of the Improving America's Schools Act
and ending one year after such date.
``(4) Definition.--For the purpose of this section, the
term `weapon' means a firearm as such term is defined in
section 921 of title 18, United States Code.
``(c) Special Rule.--The provisions of this section shall
be construed in a manner consistent with the Individuals with
Disabilities Education Act.
``(d) Report to State.--Each local educational agency
requesting assistance from the State educational agency that
is to be provided from funds made available to the State
under this Act shall provide to the State, in the application
requesting such assistance--
``(1) an assurance that such local educational agency is in
compliance with the State law required by subsection (b); and
``(2) a description of the circumstances surrounding any
expulsions imposed under the State law required by subsection
(b), including--
``(A) the name of the school concerned;
``(B) the number of students expelled from such school; and
``(C) the type of weapons concerned.
``(e) Reporting.--Each State shall report the information
described in subsection (c) to the Secretary on an annual
basis.
``(f) Report to Congress.--Two years after the date of
enactment of the Improving America's Schools Act of 1994, the
Secretary shall report to Congress if any State is not in
compliance with the requirements of this title.
``SEC. 14602. POLICY REGARDING CRIMINAL JUSTICE SYSTEM
REFERRAL.
``(a) In General.--No funds shall be made available under
this Act to any local educational agency unless such agency
has a policy requiring referral to the criminal justice or
juvenile delinquency system of any student who brings a
firearm or weapon to a school served by such agency.
``(b) Definitions.--For the purpose of this section, the
terms `firearm' and `school' have the same meaning given to
such terms by section 921(a) of title 18, United States Code.
``SEC. 14603. DATA AND POLICY DISSEMINATION UNDER IDEA.
``The Secretary shall--
``(1) widely disseminate the policy of the Department in
effect on the date of enactment of the Improving America's
Schools Act of 1994 with respect to disciplining children
with disabilities;
``(2) collect data on the incidence of children with
disabilities (as such term is defined in section 602(a)(1) of
the Individuals With Disabilities Education Act) engaging in
life threatening behavior or bringing weapons to schools; and
``(3) submit a report to Congress not later than January
31, 1995, analyzing the strengths and problems with the
current approaches regarding disciplining children with
disabilities.
``PART G--EVALUATIONS
``SEC. 14701. EVALUATIONS.
``(a) Evaluations.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary is authorized to reserve not more than 0.50 percent
of the amount appropriated to carry out each program
authorized under this Act--
``(A) to carry out comprehensive evaluations of categorical
programs and demonstration projects, and studies of program
effectiveness, under this Act, and the administrative impact
of such programs on schools and local educational agencies in
accordance with subsection (b);
``(B) to evaluate the aggregate short- and long-term
effects and cost efficiencies across Federal programs under
this Act and related Federal preschool, elementary and
secondary programs under other Federal law; and
``(C) to strengthen the usefulness of grant recipient
evaluations for continuous program progress through improving
the quality, timeliness, efficiency, and utilization of
program information on program performance.
``(2) Special rule.--(A) Paragraph (1) shall not apply to
any program under title I.
``(B) If funds are made available under any program
assisted under this Act (other than a program under title I)
for evaluation activities, then the Secretary shall reserve
no additional funds pursuant to the authority in subsection
(a)(1) to evaluate such program, but shall coordinate the
evaluation of such program with the national evaluation
described in subsection (b).
``(b) National Evaluations.--
``(1) In general.--The Secretary shall use the funds made
available under subsection (a) to carry out--
``(A) independent studies of categorical and demonstration
programs under this Act and the administrative impact of such
programs on schools and local educational agencies, that are
coordinated with research supported through the Office of
Educational Research and Improvement, using rigorous
methodological designs and techniques, including longitudinal
designs, control groups, and random assignment, as
appropriate, to determine--
``(i) the success of such programs in meeting the
measurable goals and objectives, through appropriate
targeting, quality services, and efficient administration,
and in contributing to achieving the National Education
Goals, with a priority on assessing program impact on student
performance;
``(ii) the short- and long-term effects of program
participation on program participants, as appropriate;
``(iii) the cost and efficiency of such programs;
``(iv) to the extent feasible, the cost of serving all
students eligible to be served under such programs;
``(v) specific intervention strategies and implementation
of such strategies that, based on theory, research and
evaluation, offer the promise of improved achievement of
program objectives;
``(vi) promising means of identifying and disseminating
effective management and educational practices;
``(vii) the effect of such programs on school and local
educational agencies' administrative responsibilities and
structure, including the use of local and State resources,
with particular attention to schools and agencies serving a
high concentration of disadvantaged students; and
``(viii) the effect of Federal categorical programs at the
elementary and secondary levels on the proliferation of State
categorical education aid programs and regulations, including
an evaluation of the State regulations that are developed in
response to Federal education laws;
``(B) in collaboration with the national assessment
conducted pursuant to section 1601, a comprehensive
evaluation of how the Federal Government has assisted the
States to reform their educational systems through the
various education laws enacted during the 103d Congress,
which evaluation shall--
``(i) encompass the changes made in Federal programs
pursuant to the Improving America's Schools Act of 1994 as
well as in any other law enacted during the 103d Congress
that amended a Federal program assisting preschool,
elementary, or secondary education;
[[Page 2202]]
``(ii) encompass new initiatives such as initiatives under
the Goals 2000: Educate America Act, and the School-to-Work
Opportunities Act of 1994, and be coordinated with
evaluations of such Acts;
``(iii) include a comprehensive review of the programs
developed under the Acts described in clauses (i) and (ii) to
determine such programs' overall effect on--
``(I) the readiness of children for schooling;
``(II) the improvement in educational attainment of
students in elementary and secondary education; and
``(III) the improvement in skills needed by students to
obtain employment or pursue further education upon completion
of secondary school or further education;
``(iv) include a comprehensive review of the programs under
the Acts described in clauses (i) and (ii) to determine such
programs' overall effect--
``(I) on school reform efforts undertaken by States;
``(II) on efforts by States to adopt educational standards
to improve schooling for all children, to align their
curricula, teacher training, and assessments with such
standards, and to bring flexibility to the rules governing
how education is to be provided; and
``(III) on student populations that have been the
traditional beneficiaries of Federal assistance in order to
determine whether such population's educational attainment
has been improved as a result of such programs;
``(v) evaluate how the National Assessment Governing Board,
the Advisory Council on Education Statistics, the National
Education Goals Panel, and the National Education Statistics
and Improvement Council (and any other Federal board
established to analyze, address, or approve education
standards and assessments) coordinate, interact, or duplicate
efforts to assist the States in reforming the educational
systems of States; and
``(vi) include a review of the programs under the Acts
described in clauses (i) and (ii) in such detail as the
Secretary deems appropriate, and may involve cooperation with
other Federal departments and agencies in order to
incorporate evaluations and recommendations of such
departments and agencies; and
``(C) a study of the waivers granted under section 14401,
which study shall include--
``(i) data on the total number of waiver requests that were
granted and the total number of such requests that were
denied, disaggregated by the statutory or regulatory
requirement for which the waivers were requested; and
``(ii) an analysis of the effect of waivers on categorical
program requirements and other flexibility provisions in this
Act, the School-to-Work Opportunities Act of 1994, and the
Goals 2000: Educate America Act, on improvement in
educational achievement of participating students and on
school and local educational agency administrative
responsibilities, structure, and resources based on an
appropriate sample of State educational agencies, local
educational agencies, schools, and tribes receiving waivers.
``(D) a study of the waivers provided under section 1114 to
support schoolwide programs which shall include--
``(i) the extent to which schoolwide programs are meeting
the intent and purposes of any program for which provisions
were waived; and
``(ii) the extent to which the needs of all students are
being served by such programs particularly students who would
be eligible for assistance under any provisions waived.
``(2) Independent panel.--The Secretary shall appoint an
independent panel to review the plan for the evaluation
described in paragraph (1), to advise the Secretary on such
evaluation's progress, and to comment, if the panel so
wishes, on the final report described in paragraph (3).
``(3) Report.--The Secretary shall submit a final report on
the evaluation described in this subsection by January 1,
1998, to the Committee on Education and Labor of the House of
Representatives and to the Committee on Labor and Human
Resources of the Senate.
``(c) Recipient Evaluation and Quality Assurance
Improvement.--The Secretary is authorized to provide
guidance, technical assistance, and model programs to
recipients of assistance under this Act to strengthen
information for quality assurance and performance information
feedback at State and local levels. Such guidance and
assistance shall promote the development, measurement and
reporting of valid, reliable, timely and consistent
performance indicators within a program in order to promote
continuous program improvement. Nothing in this subsection
shall be construed to establish a national data system.
``PART H--SENSE OF THE CONGRESS
``SEC. 14801. SENSE OF CONGRESS TO INCREASE THE TOTAL SHARE
OF FEDERAL SPENDING ON EDUCATION.
``(a) Findings.--The Congress finds that--
``(1) in order to increase our Nation's standard of living
and to increase the number of good jobs, the United States
must increase its productivity and ability to compete in the
international marketplace by improving the educational level
of our workforce;
``(2) although efforts are being made to establish higher
educational standards and goals, there is a substantial
shortage of resources to meet such standards and goals;
``(3) States and local communities are finding it
increasingly difficult to meet ever higher educational
standards and goals, and States will not be able to fund
needed changes without Federal help to reach such standards
and goals;
``(4) the Federal Government has established many
educational programs but failed to provide adequate funding
for such programs, for example one such program provides
education to our Nation's disabled students and was
established with a promise of 40 percent Federal funding but
currently receives only eight percent Federal funding;
``(5) the annual shortfall in Federal education programs is
approximately half of the promised funding;
``(6) many needed educational improvements will not need
Federal funds, however, other suggested changes such as
lengthened school years, better pay, after-school activities,
mentoring for students at risk, programs for gifted students,
and replacing substandard buildings, will require substantial
Federal assistance; and
``(7) the Federal contribution to education is less than
two percent of the total Federal budget, and in order to make
education a national priority, the total percentage of
Federal educational funding should be increased by one
percent each year over the next eight years to reach 10
percent of the total Federal budget.
``(b) Sense of the Congress.--It is the sense of the
Congress that the total share of the Federal spending on
education should increase by at least one percent each year
until such share reaches 10 percent of the total Federal
budget.
``SEC. 14802. SENSE OF CONGRESS; REQUIREMENT REGARDING
NOTICE.
``(a) Purchase of American-Made Equipment and Products.--In
the case of any equipment or products that may be authorized
to be purchased with financial assistance provided under this
Act, it is the sense of the Congress that entities receiving
such assistance should, in expending the assistance, purchase
only American-made equipment and products.
``(b) Notice to Recipients of Assistance.--In providing
financial assistance under this Act, the head of each Federal
agency shall provide to each recipient of the assistance a
notice describing the statement made in subsection (a) by the
Congress.''.
TITLE II--AMENDMENTS TO THE GENERAL EDUCATION PROVISIONS ACT
PART A--APPLICABILITY OF THE GENERAL EDUCATION PROVISIONS ACT
SEC. 211. TITLE; APPLICABILITY; DEFINITIONS.
Section 400 of the General Education Provisions Act (20
U.S.C. 1221 et seq.) (hereafter in this title (other than
part F) referred to as the ``Act'') is amended to read as
follows:
``short title; applicability; definitions
``Sec. 400. (a) This title may be cited as the `General
Education Provisions Act'.
``(b)(1) Except as otherwise provided, this title applies
to each applicable program of the Department of Education.
``(2) Except as otherwise provided, this title does not
apply to any contract made by the Department of Education.
``(c) As used in this title, the following terms have the
following meanings:
``(1) The term `applicable program' means any program for
which the Secretary or the Department has administrative
responsibility as provided by law or by delegation of
authority pursuant to law. The term includes each program for
which the Secretary or the Department has administrative
responsibility under the Department of Education Organization
Act or under Federal law effective after the effective date
of that Act.
``(2) The term `applicable statute' means--
``(A) the Act or the title, part, section, or any other
subdivision of an Act, as the case may be, that authorizes
the appropriation for an applicable program;
``(B) this title; and
``(C) any other statute that by its terms expressly
controls the administration of an applicable program.
``(3) The term `Department' means the Department of
Education.
``(4) The term `Secretary' means the Secretary of
Education.
``(d) Nothing in this title shall be construed to affect
the applicability of title VI of the Civil Rights Act of
1964, title IX of the Education Amendments of 1972, title V
of the Rehabilitation Act of 1973, the Age Discrimination
Act, or other statutes prohibiting discrimination, to any
applicable program.''.
SEC. 212. REPEAL AND REDESIGNATION.
(a) Repeals.--
(1) Sections.--Sections 400A, 401, 402, 403, 406, 406A,
406B, 406C, 407, 413, 416, 419, 421, 423, 424, 426A, and 429
of the Act are repealed.
(2) Part.--Part D of the Act is repealed.
(b) Redesignations.--
(1) Sections.--Sections 408, 409, 411, 412, 414, 415, 417,
420, 421A, 422, 425, 426, 427, 428, 430, 431, 432, 433, 434,
435, 436, 437, 438, 439, and 440 of the Act are redesignated
as sections 410, 411, 420, 421, 422, 423, 425, 426, 430, 431,
432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443,
444, 445, and 446 of the Act, respectively.
(2) Part.--Part E of the Act is redesignated as part D of
the Act.
(3) Cross references.--(A) Paragraph (6) of section 441(b)
(as redesignated by paragraph (1)) (20 U.S.C. 1232d(b)(6)) is
amended by striking ``437'' and inserting ``443''.
(B) Paragraph (4) of section 442(b) of the Act (as
redesignated by paragraph (1)) (20 U.S.C. 1232e(b)(4)) is
amended by striking ``437'' and inserting ``443''.
(C) Subsection (a) of section 446 of the Act (as
redesignated by paragraph (1)) (20 U.S.C. 1232i(a)) is
amended by striking ``438(b)(1)(D)'' and inserting
``444(b)(1)(D)''.
[[Page 2203]]
(D) Subsection (a) of section 458 of the Act (20 U.S.C.
1234g(a)) is amended by striking ``435(a)'' and inserting
``441(a)''.
PART B--THE DEPARTMENT OF EDUCATION
SEC. 221. NEW HEADING FOR PART A.
The heading for part A of the Act is amended to read as
follows:
``Part A--Functions of the Department of Education''.
SEC. 222. GENERAL AUTHORITY OF THE SECRETARY.
Section 410 of the Act (as redesignated by section
212(b)(1)) (20 U.S.C. 1221e-3) is amended to read as follows:
``general authority of the secretary
``Sec. 410. The Secretary, in order to carry out functions
otherwise vested in the Secretary by law or by delegation of
authority pursuant to law, and subject to limitations as may
be otherwise imposed by law, is authorized to make,
promulgate, issue, rescind, and amend rules and regulations
governing the manner of operation of, and governing the
applicable programs administered by, the Department.''.
PART C--APPROPRIATIONS AND EVALUATIONS
SEC. 231. FORWARD FUNDING.
Section 420 of the Act (as redesignated by section
212(b)(1)) (20 U.S.C. 1223) is amended to read as follows:
``forward funding
``Sec. 420. (a) To the end of affording the responsible
Federal, State, and local officers adequate notice of
available Federal financial assistance for carrying out
ongoing education activities and projects, appropriations for
grants, contracts, or other payments under any applicable
program are authorized to be included in the appropriations
Act for the fiscal year preceding the fiscal year during
which such activities and projects shall be carried out.
``(b) In order to effect a transition to the timing of
appropriation action authorized by subsection (a), the
application of this section may result in the enactment, in a
fiscal year, of separate appropriations for an applicable
program (whether in the same appropriations Act or otherwise)
for two consecutive fiscal years.''.
SEC. 232. AVAILABILITY OF APPROPRIATIONS.
(a) Amendment to Heading.--The heading for section 421 of
the Act (as redesignated by section 212(b)(1)) (20 U.S.C.
1225) is amended to read as follows:
``availability of appropriations on academic or school-year basis;
additional period for obligation of funds''.
(b) Amendment to Text.--Section 421 of the Act (20 U.S.C.
1225) is further amended--
(1) in subsection (a)--
(A) by striking ``to educational agencies or
institutions'';
(B) by striking ``expenditure'' and inserting
``obligation''; and
(C) by striking ``agency or institution concerned'' and
inserting ``recipient'';
(2) in subsection (b), by striking ``(b) Notwithstanding''
and inserting ``(b)(1) Notwithstanding''; and
(3) in subsection (c), by striking ``section 3679(d)(2) of
the Revised Statutes'' and inserting ``section 1341(a) of
title 31, United States Code''.
SEC. 233. CONTINGENT EXTENSION OF PROGRAMS.
Section 422 of the Act (as redesignated by section
212(b)(1)) (20 U.S.C. 1226a) is amended to read as follows:
``contingent extension of programs
``Sec. 422. (a) The authorization of appropriations for, or
duration of, an applicable program shall be automatically
extended for one additional fiscal year unless Congress, in
the regular session that ends prior to the beginning of the
terminal fiscal year of such authorization or duration, has
passed legislation that becomes law and extends or repeals
the authorization or duration of such program.
``(b) The amount authorized to be appropriated for the
period of automatic extension under subsection (a) of an
applicable program shall be the amount authorized to be
appropriated for such program for the terminal fiscal year of
the applicable program.
``(c) If the Secretary is required, in the terminal fiscal
year of an applicable program, to carry out certain acts or
make certain determinations that are necessary for the
continuation of such program, such acts or determinations
shall be required to be carried out or made during the period
of automatic extension under subsection (a).
``(d) This section shall not apply to the authorization of
appropriations for a commission, council, or committee which
is required by an applicable statute to terminate on a date
certain.''.
SEC. 234. STATE REPORTS.
Subpart 2 of part B of the Act (20 U.S.C. 1226b et seq.) is
amended by inserting before section 425 (as redesignated by
section 212(b)(1)) the following new section:
``responsibility of states to furnish information
``Sec. 424. (a) Each State educational agency shall submit
to the Secretary a report on or before March 15 of every
second year. Each such report shall include--
``(1) information with respect to the uses of Federal funds
in such State in the two preceding fiscal years under any
applicable program under the jurisdiction of the State
educational agency; and
``(2) information with respect to the uses of Federal funds
in such State in the two preceding fiscal years under any
Federal program administered by the State that provided
grants or contracts to a local educational agency in the
State.
``(b) Each report submitted under subsection (a) shall--
``(1) list, with respect to each program for which
information is provided, all grants made to and contracts
entered into with local educational agencies and other public
and private agencies and institutions within the State during
each fiscal year concerned;
``(2) analyze the information included in the report by
local educational agency and by program;
``(3) include the total amount of funds available to the
State under each such program for each fiscal year concerned;
and
``(4) be made readily available by the State to local
educational agencies and institutions within the State and to
the public.
``(c) If the Secretary does not receive a report by the
date required under subsection (a), or receives an incomplete
report, the Secretary, not later than 30 days after such
report is required to be submitted, shall take all reasonable
measures to obtain the delinquent or incomplete information
from the State educational agency.
``(d) When the Secretary receives a report required under
subsection (a), the Secretary shall provide such information
to the National Center for Education Statistics, and shall
make such information available, at a reasonable cost, to any
individual who requests such information.
``(e) The Secretary shall consult with the Speaker and
Minority Leader of the House of Representatives and the
Majority and Minority Leaders of the Senate regarding the
costs and feasibility of making the information described in
subsection (a) available as part of a telecommunications
network that is readily accessible to every member of
Congress and other interested parties.
``(f) On or before August 15 of each year in which reports
are submitted under subsection (a), the Secretary shall
submit a report to the Committee on Education and Labor of
the House of Representatives and the Committee on Labor and
Human Resources of the Senate. Such report shall include--
``(1) an analysis of the content and data quality of such
reports;
``(2) a compilation of statistical data derived from such
reports; and
``(3) information obtained by the Secretary with respect
to--
``(A) direct grants made to local educational agencies by
the Federal Government; and
``(B) contracts entered into between such agencies and the
Federal Government.''.
SEC. 235. BIENNIAL EVALUATION REPORT.
Section 425 of the Act (as redesignated by section
212(b)(1)) (20 U.S.C. 1226c) is amended to read as follows:
``biennial evaluation report
``Sec. 425. Not later than March 31, 1995, and every two
years after such date, the Secretary shall transmit to the
Committee on Education and Labor of the House of
Representatives and the Committee on Labor and Human
Resources of the Senate an evaluation report on the
effectiveness of applicable programs in achieving such
programs' legislated intent and purposes during the two
preceding fiscal years. Such report shall--
``(1) contain program profiles that include legislative
citations, multiyear funding histories, and legislated
purposes;
``(2) contain recent information on the progress being made
toward the achievement of program objectives, including
listings of program performance indicators, data from
performance measurement based on the indicators, and
information on the costs and benefits of the applicable
programs being evaluated;
``(3) address significant program activities, such as
initiatives for program improvement, regulations, and program
monitoring and evaluation;
``(4) list the principal analyses and studies supporting
the major conclusions in such report;
``(5) be prepared in concise summary form with necessary
detailed data and appendixes, including available data to
indicate the effectiveness of the programs and projects by
the race, sex, disability and age of beneficiaries of such
programs and projects; and
``(6) include the results of the program evaluations
conducted in accordance with section 14701 of the Elementary
and Secondary Education Act of 1965.''.
SEC. 236. EQUITY FOR STUDENTS, TEACHERS, AND OTHER PROGRAM
BENEFICIARIES.
Subpart 2 of part B of the Act (20 U.S.C. 1226b et seq.) is
further amended by inserting after section 426 (as
redesignated by section 212(b)(1)) the following new section:
``EQUITY FOR STUDENTS, TEACHERS, AND OTHER PROGRAM BENEFICIARIES
``Sec. 427. (a) The purpose of this section is to assist
the Department in implementing the Department's mission to
ensure equal access to education and to promote educational
excellence throughout the Nation, by--
``(1) ensuring equal opportunities to participate for all
eligible students, teachers, and other program beneficiaries
in any project or activity carried out under an applicable
program; and
``(2) promoting the ability of such students, teachers, and
beneficiaries to meet high standards.
[[Page 2204]]
``(b) The Secretary shall require each applicant for
assistance under an applicable program (other than an
individual) to develop and describe in such applicant's
application the steps such applicant proposes to take to
ensure equitable access to, and equitable participation in,
the project or activity to be conducted with such assistance,
by addressing the special needs of students, teachers, and
other program beneficiaries in order to overcome barriers to
equitable participation, including barriers based on gender,
race, color, national origin, disability, and age.
``(c) The Secretary may establish criteria and provide
technical assistance for meeting the requirements of this
section.
``(d) Nothing in this section shall be construed to alter
in any way the rights or responsibilities established under
the laws cited in section 400(d) of this Act.''.
SEC. 237. COORDINATION.
Subpart 2 of part B of the Act (20 U.S.C. 1226b et seq.) is
further amended by adding at the end the following new
section:
``coordination
``Sec. 428. The National Assessment Governing Board, the
Advisory Council on Education Statistics, the National
Education Goals Panel, the National Education Standards and
Improvement Council, and any other board established to
analyze, address, or approve education content or student
performance standards and assessments shall coordinate and
interact with one another in order to ensure that each such
entity does not duplicate activities to assist the States in
reforming their educational systems.''.
SEC. 238. DISCLOSURE REQUIREMENTS.
Subpart 2 of part B of the Act (20 U.S.C. 1226b) is further
amended by inserting after section 428 (as added by section
237) the following new section:
``disclosure requirements
``Sec. 429. (a) In General.--Each educational organization,
prior to enrolling a minor and prior to accepting funds for
the cost of a minor's participation in an educational program
operated by such organization, shall disclose the following
information in written form to the minor or the minor's
parent.
``(1) Method of solicitation and selection.--The method of
solicitation and selection of participants in the educational
program, including--
``(A) the origin of any mailing list used for such
solicitation and selection;
``(B) any recruitment through a local school official,
teacher, or school personnel, including any compensation or
other benefit offered to such official, teacher, or personnel
for the recommendation of a minor for participation in the
educational program;
``(C) any open enrollment activity, including the method of
outreach; and
``(D) any cooperation with, or sponsorship by, a membership
organization, including a description of the cooperation or
sponsorship and the name of each such organization.
``(2) Cost and fees.--Information regarding the cost of the
educational program and information regarding the
distribution of any enrollment fee, including--
``(A) the amount paid for, and the percentage of the total
educational program cost of, each feature of the educational
program, including--
``(i) food;
``(ii) lodging;
``(iii) transportation;
``(iv) program staffing;
``(v) textbooks, syllabi, or other scholastic educational
program materials;
``(vi) speaker fees; and
``(vii) administrative expenses, including expenses related
to--
``(I) the preparation of nonscholastic educational program
materials;
``(II) the provision of financial assistance;
``(III) mailing list rental or other recruitment activity;
and
``(IV) administrative salaries and consulting fees;
``(B) the identity of the organization or business
providing each of the features described in clauses (i)
through (vii) of subparagraph (A); and
``(C) the nature of any relationship of any board member,
officer, or employee of the educational organization to any
organization or business described in subparagraph (B),
including the salary or other compensation paid by such
organization or business to such board member, officer, or
employee.
``(b) Nondiscriminatory Enrollment and Service Policy.--
``(1) In general.--Each educational organization shall
include a verifiable statement in all enrollment or
recruitment material that the educational organization does
not--
``(A) fail or refuse to hire, or discharge, any individual,
or otherwise discriminate against any individual with respect
to compensation, terms, conditions, or privileges of
employment; or
``(B) exclude any student from participation in an
educational program, discriminate against any student in
providing the benefits associated with such program
(including any scholarship or financial assistance, and use
of any facility), or subject the student to discrimination
under such program, on the basis of race, disability, or
residence in a low-income area.
``(2) Construction.--Nothing in this subsection shall be
construed to entitle a student to--
``(A) participation in an educational program or any
benefit associated with such program; or
``(B) a waiver of any fee charged for such participation or
benefit.
``(c) Enforcement.--The Secretary shall--
``(1)(A) widely disseminate information about the
requirements of this section to State and local school
officials and parents; and
``(B) require educational organizations to submit
appropriate information or assurances regarding such
organizations' compliance with this section; and
``(2) take whatever other steps the Secretary determines
are appropriate to enforce this section, including--
``(A) promulgating regulations;
``(B) establishing a complaint process;
``(C) referring complaints to the relevant Federal, State,
or local authorities for appropriate action;
``(D) alerting educational agencies, schools, and parents
to the practices of educational organizations that violate
the provisions of this section; and
``(E) imposing civil fines (not to exceed $1,000 per
violation) on educational organizations that knowingly
violate this section.
``(d) Definitions.--As used in this section:
``(1) Disability.--The term `disability' has the same
meaning given to such term by section 3(2) of the Americans
with Disabilities Act of 1990.
``(2) Educational organization.--(A) Except as provided in
subparagraphs (B) and (C), the term `educational
organization' means any organization or entity that--
``(i) provides an educational program for a fee; and
``(ii) recruits students through means such as commercial
media, direct mailings, school recruitment programs, school
administrators, teachers or staff, or current or former
participants in an educational program offered by such
organization or entity.
``(B) The definition in subparagraph (A) shall not
include--
``(i) a local educational agency, State educational agency,
a State department of education, or an elementary or
secondary school as defined by the Elementary and Secondary
Education Act of 1965;
``(ii) an institution of higher education as defined by
section 1201(a) of the Higher Education Act of 1965; or
``(iii) a local organization sponsored by an elementary or
secondary school, a recreational organization, an
entertainment organization, a local sports activity group, or
a social club.
``(C) For the purpose of subsection (a) only, such term
does not include an organization or entity that provides an
educational program if such organization or entity--
``(i) recruits, for participation in such program, solely
through a local school official; and
``(ii) does not offer a local school official, teacher, or
other school personnel compensation (other than compensation
for actual expenses incurred in performing chaperon
activities or for participating in separate, professionally-
staffed teacher training and technical assistance seminars
and workshops related to such program) or any other benefit
for such recruitment.
``(3) Educational program.--(A) Except as provided in
subparagraph (B), the term `educational program' means a
special honors program, seminar, citizenship experience,
government study program, educational vacation, student
exchange program, or other educational experience or honor--
``(i) that is generally directed toward minors or secondary
school students;
``(ii) for which a tuition or enrollment fee is charged;
``(iii) that is offered away from a student's regular place
of school attendance;
``(iv) that includes not less than one supervised night
away from home; and
``(v) that is intended to enhance a student's regular
course of study.
``(B) Such term does not include a recreational program, or
a social or religious activity.
``(4) Local school official.--The term `local school
official' means the highest administrative official serving a
school district, or such individual's designee.
``(5) Minor.--The term `minor' means an individual who has
not attained the age of 18 years.
``(6) Membership organization.--The term `membership
organization' includes any organization that maintains a
membership list or collects dues or membership fees from its
members.
``(7) Recreational organization.--The term `recreational
organization' includes any organization or entity that has as
its primary function pleasure, amusement, or sports
activities.
``(8) Recreational program.--The term `recreational
program' includes any activity or service that is intended as
an entertainment pastime.''.
PART D--ADMINISTRATION OF EDUCATION PROGRAMS
SEC. 241. JOINT FUNDING OF PROGRAMS.
Section 430 of the Act (as redesignated by section
212(b)(1)) (20 U.S.C. 1231) is amended to read as follows:
``joint funding of programs
``Sec. 430. (a)(1) The Secretary is authorized to enter
into arrangements with other Federal agencies to jointly
carry out projects of common interest, to transfer to such
agencies funds appropriated under any applicable program, and
to receive and use funds from such agencies, for projects of
common interest.
``(2) Funds transferred or received pursuant to paragraph
(1) shall be used only in accord-
[[Page 2205]]
ance with the statutes authorizing the appropriation of such
funds, and shall be made available by contract or grant only
to recipients eligible to receive such funds under such
statutes.
``(3) If the Secretary enters into an agreement under this
subsection for the administration of a project, the agency
administering the project shall use such agency's procedures
to award contracts or grants and to administer such awards,
unless the parties to the agreement specify the use of
procedures of another agency that is a party to the
agreement.
``(4) If the Secretary has entered into an agreement
authorized under this subsection and the Secretary and the
heads of the other agencies participating in the agreement
determine that joint funding is necessary to address a
special need consistent with the purposes and authorized
activities of each program that provides funding under the
joint project, the Secretary and the heads of the other
participating agencies may develop a single set of criteria
for the jointly funded project and require each applicant for
such project to submit a single application for review by the
participating agencies.
``(b) The Secretary may develop the criteria for, and
require the submission of, joint applications under two or
more applicable programs under which funds are awarded on a
competitive basis, and may jointly review and approve such
applications separately from other applications under such
programs, when the Secretary determines that such joint
awards are necessary to address a special need consistent
with the purposes and authorized activities of each such
program. Any applicant for such a joint award shall meet the
eligibility requirements of each such program.
``(c) The Secretary may not construe the provisions of this
section to take precedence over a limitation on joint funding
contained in an applicable statute.
``(d)(1) The Secretary shall provide notice to the
Committee on Education and Labor of the House of
Representatives and to the Committee on Labor and Human
Resources of the Senate of each joint funding agreement made
with other Federal agencies not later than 60 days after the
making of such agreements.
``(2) Such notice shall include--
``(A) a description of the purpose and objectives of the
joint funding arrangement;
``(B) the amounts and sources, by program, of the funds
dedicated to such arrangement; and
``(C) the criteria developed to govern the award of
contracts and grants.''.
SEC. 242. COLLECTION AND DISSEMINATION OF INFORMATION.
Section 431 of the Act (as redesignated by section
212(b)(1)) (20 U.S.C. 1231a) is amended to read as follows:
``COLLECTION AND DISSEMINATION OF INFORMATION
``Sec. 422. The Secretary shall--
``(1) prepare and disseminate to State and local
educational agencies and institutions information concerning
applicable programs, and cooperate with other Federal
officials who administer programs affecting education in
disseminating information concerning such programs;
``(2) inform the public regarding federally supported
education programs; and
``(3) collect data and information on applicable programs
for the purpose of obtaining objective measurements of the
effectiveness of such programs in achieving the intended
purposes of such programs.''.
SEC. 243. REVIEW OF APPLICATIONS.
Section 432 of the Act (as redesignated by section
212(b)(1)) (20 U.S.C. 1231b-2) is amended--
(1) in subsection (a)--
(A) by striking ``Commissioner'' and inserting
``Secretary'';
(B) by striking ``and in the case of the program provided
for in title I of the Elementary and Secondary Education Act
of 1965,'';
(C) in the third sentence by inserting a comma after ``the
hearing''; and
(D) in the fourth sentence--
(i) by striking the comma after ``guidelines''; and
(ii) by inserting a comma after ``program'';
(2) in subsection (b), by striking ``Commissioner'' each
place such term appears and inserting ``Secretary''; and
(3) in subsection (d)--
(A) by striking ``Commissioner'' each place such term
appears and inserting ``Secretary''; and
(B) by inserting before the period ``or issue such other
orders as the Secretary may deem appropriate to achieve such
compliance''.
SEC. 244. PARENTAL INVOLVEMENT AND DISSEMINATION.
The matter preceding paragraph (1) of section 434 of the
Act (as redesignated by section 212(b)(1)) (20 U.S.C. 1231d)
is amended--
(1) in the first sentence--
(A) by striking ``Commissioner'' and inserting
``Secretary''; and
(B) by striking ``he'' and inserting ``the Secretary''; and
(2) in the second sentence by inserting ``is made'' after
``such determination''.
SEC. 245. USE OF FUNDS WITHHELD.
Section 435 of the Act (as redesignated by section
212(b)(1)) (20 U.S.C. 1231e) is amended to read as follows:
``USE OF FUNDS WITHHELD
``Sec. 435. (a) At any time that the Secretary makes an
allotment or reallotment to any State under any applicable
program, the Secretary shall reduce such allotment or
reallotment by such amount as the Secretary determines such
allotment or reallotment would have been reduced, had the
data on which such allotment or reallotment is based excluded
all data relating to local educational agencies of the State
that, on the date of the Secretary's action, are ineligible
to receive the Federal financial assistance involved because
of failure to comply with title VI of the Civil Rights Act of
1964, title IX of the Education Amendments of 1972, section
504 of the Rehabilitation Act of 1973, or the Age
Discrimination Act of 1975.
``(b) The Secretary may use any funds withheld under
subsection (a)--
``(1) to increase the allotments or reallotments of local
educational agencies within the State that are not described
in subsection (a), or the allotments or reallotment of all
States, in accordance with the Federal law governing the
program; or
``(2) for grants to local educational agencies of that
State in accordance with section 405 of the Civil Rights Act
of 1964, or for any other program administered by the
Department that is designed to enhance equity in education or
redress discrimination on the basis of race, color, national
origin, sex, age, or disability.''.
SEC. 246. APPLICATIONS.
Section 436 of the Act (as redesignated by section
212(b)(1)) (20 U.S.C. 1231g) is amended--
(1) in subsection (a), by striking ``for three fiscal
years'' and inserting ``for more than one fiscal year''; and
(2) by striking ``Commissioner'' each place such term
appears and inserting ``Secretary''.
SEC. 247. REGULATIONS.
Section 437 of the Act (as redesignated by section
212(b)(1)) (20 U.S.C. 1232) is amended to read as follows:
``regulations
``Sec. 437. (a) For the purpose of this section, the term
`regulation' means any generally applicable rule, regulation,
guideline, interpretation, or other requirement that--
``(1) is prescribed by the Secretary or the Department; and
``(2) has legally binding effect in connection with, or
affecting, the provision of financial assistance under any
applicable program.
``(b) Regulations shall contain, immediately following each
substantive provision of such regulations, citations to the
particular section or sections of statutory law or other
legal authority on which such provision is based.
``(c) All regulations shall be uniformly applied and
enforced throughout the 50 States.
``(d) The exemption for public property, loans, grants and
benefits in section 553(a)(2) of title 5, United States Code,
shall apply only to regulations--
``(1) that govern the first grant competition under a new
or substantially revised program authority as determined by
the Secretary; or
``(2) where the Secretary determines that the requirements
of this subsection will cause extreme hardship to the
intended beneficiaries of the program affected by such
regulations.
``(e) Not later than 60 days after the date of enactment of
any Act, or any portion of any Act, affecting the
administration of any applicable program, the Secretary shall
submit to the Committee on Education and Labor of the House
of Representatives and the Committee on Labor and Human
Resources of the Senate a schedule in accordance with which
the Secretary plans to promulgate final regulations that the
Secretary determines are necessary to implement such Act or
portion of such Act. Such schedule shall provide that all
such final regulations shall be promulgated within 360 days
after the date of enactment of such Act or portion of such
Act.
``(f) Concurrently with the publication of any final
regulations, the Secretary shall transmit a copy of such
final regulations to the Speaker of the House of
Representatives and the President pro tempore of the
Senate.''.
SEC. 248. RECORDS; REDUCTION IN RETENTION REQUIREMENTS.
Section 443 of the Act (as redesignated by section
212(b)(1)) (20 U.S.C. 1232f) is amended--
(1) in subsection (a)--
(A) by striking ``grant, subgrant, contract, subcontract,
loan, or other arrangement (other than procurement contracts
awarded by an administrative head of an educational agency)''
and inserting ``grant, subgrant, cooperative agreement, loan,
or other arrangement'';
(B) by inserting ``financial or programmatic'' before
``audit.''; and
(C) in the last sentence, by striking ``five'' and
inserting ``three''; and
(2) in subsection (b), by striking ``to any records of a
recipient which may be related, or pertinent to, the grants,
subgrants, contracts, subcontracts, loans, or other
arrangements'' and inserting ``to any records maintained by a
recipient that may be related, or pertinent to, grants,
subgrants, cooperative agreements, loans, or other
arrangements''.
SEC. 249. PRIVACY RIGHTS.
Section 444 of the Act (as redesignated by section
212(b)(1)) (20 U.S.C. 1232g) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(ii) by inserting after subparagraph (A) the following new
subparagraph:
[[Page 2206]]
``(B) No funds under any applicable program shall be made
available to any State educational agency (whether or not
that agency is an educational agency or institution under
this section) that has a policy of denying, or effectively
prevents, the parents of students the right to inspect and
review the education records maintained by the State
educational agency on their children who are or have been in
attendance at any school of an educational agency or
institution that is subject to the provisions of this
section.'';
(iii) in clause (iii) of subparagraph (C) (as redesignated
by clause (i)), by striking ``(C)'' and inserting ``(D)'';
and
(iv) in subparagraph (D) (as redesignated by clause (i)),
by striking ``(B)'' and inserting ``(C)''; and
(B) in paragraph (2), by striking ``or other rights'' and
inserting ``rights'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``, including the
educational interests of the child for whom consent would
otherwise be required'' before the semicolon;
(ii) by amending subparagraph (E) to read as follows:
``(E) State and local officials or authorities to whom such
information is specifically allowed to be reported or
disclosed pursuant to State statute adopted--
``(i) before November 19, 1974, if the allowed reporting or
disclosure concerns the juvenile justice system and such
system's ability to effectively serve the student whose
records are released, or
``(ii) after November 19, 1974, if--
``(I) the allowed reporting or disclosure concerns the
juvenile justice system and such system's ability to
effectively serve, prior to adjudication, the student whose
records are released; and
``(II) the officials and authorities to whom such
information is disclosed certify in writing to the
educational agency or institution that the information will
not be disclosed to any other party except as provided under
State law without the prior written consent of the parent of
the student.'';
(iii) in subparagraph (H), by striking ``and'' after the
semicolon;
(iv) in subparagraph (I), by striking the period and
inserting ``; and''; and
(v) by adding at the end the following new subparagraph:
``(J)(i) the entity or persons designated in a Federal
grand jury subpoena, in which case the court shall order, for
good cause shown, the educational agency or institution (and
any officer, director, employee, agent, or attorney for such
agency or institution) on which the subpoena is served, to
not disclose to any person the existence or contents of the
subpoena or any information furnished to the grand jury in
response to the subpoena; and
``(ii) the entity or persons designated in any other
subpoena issued for a law enforcement purpose, in which case
the court or other issuing agency may order, for good cause
shown, the educational agency or institution (and any
officer, director, employee, agent, or attorney for such
agency or institution) on which the subpoena is served, to
not disclose to any person the existence or contents of the
subpoena or any information furnished in response to the
subpoena.'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
the period and inserting ``, unless--''; and
(ii) in subparagraph (B), by inserting ``except as provided
in paragraph (1)(J),'' before ``such information''; and
(C) in subparagraph (B) of paragraph (4), by adding at the
end the following new sentence: ``If a third party outside
the educational agency or institution permits access to
information in violation of paragraph (2)(A), or fails to
destroy information in violation of paragraph (1)(F), the
educational agency or institution shall be prohibited from
permitting access to information from education records to
that third party for a period of not less than five years.'';
(3) in subsection (c), by striking ``The Secretary shall
adopt appropriate regulations to'' and inserting ``Not later
than 240 days after the date of enactment of the Improving
America's Schools Act of 1994, the Secretary shall adopt
appropriate regulations or procedures, or identify existing
regulations or procedures, which'';
(4) in subsection (e), by inserting ``effectively'' before
``informs''; and
(5) by adding at the end the following new subsection:
``(h) Nothing in this section shall prohibit an educational
agency or institution from--
``(1) including appropriate information in the education
record of any student concerning disciplinary action taken
against such student for conduct that posed a significant
risk to the safety or well-being of that student, other
students, or other members of the school community; or
``(2) disclosing such information to teachers and school
officials, including teachers and school officials in other
schools, who have legitimate educational interests in the
behavior of the student.''.
SEC. 250. ENFORCEMENT.
(a) Recovery of Funds.--Section 452 of the Act (20 U.S.C.
1234a) is amended--
(1) in the first sentence of paragraph (2) of subsection
(a), by striking ``stating'' and all that follows through the
end of such sentence and inserting ``establishing a prima
facie case for the recovery of funds, including an analysis
reflecting the value of the program services actually
obtained in a determination of harm to the Federal
interest.'';
(2) in the first sentence of paragraph (1) of subsection
(b), by striking ``30'' and inserting ``60''; and
(3) in subsection (d), by--
(A) striking ``(d) Upon'' and inserting ``(d)(1) Upon'';
and
(B) adding at the end the following new paragraph:
``(2) During the conduct of such review, there shall not
be any ex parte contact between the Secretary and individuals
representing the Department or the recipient.''.
(b) Use of Recovered Funds.--Section 459 of the Act (20
U.S.C. 1234h) is amended--
(1) in paragraph (1) of subsection (a), by inserting ``,
provided that the recipient was notified of any noncompliance
with such requirements and given a reasonable period of time
to remedy such noncompliance'' before the semicolon; and
(2) by amending subsection (c) to read as follows:
``(c) Notwithstanding any other provisions of law, the
funds made available under this section shall remain
available for expenditure for a period of time deemed
reasonable by the Secretary, but in no case to exceed more
than three fiscal years following the later of--
``(1) the fiscal year in which final agency action under
section 452(e) is taken; or
``(2) if such recipient files a petition for judicial
review, the fiscal year in which final judicial action under
section 458 is taken.''.
PART E--TECHNICAL AND CONFORMING AMENDMENTS
SEC. 261. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Payments.--Section 423 of the Act (as redesignated by
section 212(b)(1)) (20 U.S.C. 1226a-1) is amended by striking
``Commissioner'' and inserting ``Secretary''.
(b) Program Planning and Evaluation.--Section 426 of the
Act (as redesignated by section 212(b)(1)) (20 U.S.C. 1228)
is amended--
(1) by striking ``title I of'' and all that follows through
``Congress)'' and inserting ``title VIII of the Elementary
and Secondary Education Act of 1965''; and
(2) by striking ``subparagraph (C) of section 3(d)(2) or
section 403(1)(C) of that Act'' and inserting ``subsections
(d) and (g) of section 8003 of such Act or residing on
property described in section 8013(10) of such Act''.
(c) Heading for Part C.--The heading for part C of the Act
(20 U.S.C. 1230 et seq.) is amended by striking
``Commissioner of Education'' and inserting ``Secretary''.
(d) Section 439.--Section 439 of the Act (as redesignated
by section 212(b)(1)) (20 U.S.C. 1232b) is amended by
striking ``Except for emergency relief under section 7 of the
Act of September 30, 1950 (Public Law 874, Eighty-first
Congress), all laborers'' and inserting ``All laborers''.
(e) Section 440.--
(1) Amendment to heading.--The heading for section 440 of
the Act (as redesignated by section 212(b)(1)) (20 U.S.C.
1232c) is amended by striking ``Educational''.
(2) Amendment to text.--Section 440 of the Act (as
redesignated by section 212(b)(1)) (20 U.S.C. 1232c) is
amended--
(A) by striking ``Commissioner'' each place such term
appears and inserting ``Secretary'';
(B) by redesignating the matter following paragraph (3) of
subsection (b) as subsection (c); and
(C) in subsection (c) (as redesignated by subparagraph
(B)), by striking ``paragraph (3)'' and inserting
``subsection (b)(3)''.
(f) Section 441.--Section 441 of the Act (as redesignated
by section 212(b)(1)) (20 U.S.C. 1232d) is amended--
(1) by striking ``Commissioner'' each place such term
appears and inserting ``Secretary''; and
(2) in the first sentence of subsection (a)--
(A) by striking the comma after ``submits a plan'';
(B) by striking ``, in the case of programs under chapter 1
and chapter 2 of title I of the Elementary and Secondary
Education Act of 1965,''; and
(C) by striking ``title V of such Act'' and inserting
``part C of title V of the Elementary and Secondary Education
Act of 1965''.
(g) Section 442.--Section 442 of the Act (as redesignated
by section 212(b)(1)) (20 U.S.C. 1232e) is amended--
(1) in subsection (a), by striking ``that local education
agency'' and inserting ``that local educational agency''; and
(2) in subsection (b)--
(A) in paragraph (2), by inserting a comma after
``program'';
(B) in paragraph (4), by striking ``Commissioner'' each
place such term appears and inserting ``Secretary''; and
(C) in subparagraph (B) of paragraph (7), by striking
``handicapped individuals'' and inserting ``individuals with
disabilities''.
(h) Section 444.--Section 444 of the Act (as redesignated
by section 212(b)(1) and amended by section 249) (20 U.S.C.
1232g) is further amended--
(1) in clause (ii) of subsection (a)(4)(B), by striking the
period and inserting a semicolon;
(2) in subsection (b)--
(A) in subparagraph (C) of paragraph (1), by striking
``(iii) an administrative head of an education agency (as
defined in section 408(c)), or (iv)'' and inserting ``or
(iii)'';
(B) in subparagraph (H) of paragraph (1), by striking
``1954'' and inserting ``1986''; and
(C) in paragraph (3)--
(i) by striking ``(C) an administrative head of an
education agency or (D)'' and inserting ``or (C)''; and
[[Page 2207]]
(ii) by striking ``education program'' and inserting
``education programs'';
(3) in subsection (d), by inserting a comma after
``education'';
(4) in subsection (f)--
(A) by striking ``, or an administrative head of an
education agency,'';
(B) by striking ``enforce provisions of this section'' and
inserting ``enforce this section'';
(C) by striking ``according to the provisions of'' and
inserting ``in accordance with''; and
(D) by striking ``comply with the provisions of this
section'' and inserting ``comply with this section''; and
(5) in subsection (g)--
(A) by striking ``of Health, Education, and Welfare''; and
(B) by striking ``the provisions of''.
(i) Conforming Amendment and Cross References.--
(1) Carl d. perkins vocational and applied technology
education act.--Subsection (b) of section 504 of the Carl D.
Perkins Vocational and Applied Technology Education Act (20
U.S.C. 2466a(b)) is amended--
(A) by striking ``240-day'' and inserting ``360-day''; and
(B) by striking ``431(g)'' and inserting ``437(e)''.
(2) Higher education act of 1965.--Subsection (c) of
section 556 of the Higher Education Act of 1965 (20 U.S.C.
1108d(c)) is amended by striking ``435 and 436'' and
inserting ``441 and 442''.
(3) Education and training for a competitive america act of
1988.--Paragraph (1) of section 6144 of the Education and
Training for a Competitive America Act of 1988 (20 U.S.C.
5124(1)) is amended by striking ``405(d)(4)(A)(i) of the
General Education Provisions Act (20 U.S.C.
1221e(d)(4)(A)(i))'' and inserting ``section 941(h) of the
Educational Research, Development, Dissemination, and
Improvement Act of 1994 (20 U.S.C. 6041(h))''.
PART F--RELATED AMENDMENTS TO OTHER ACTS
SEC. 271. DEPARTMENT OF EDUCATION ORGANIZATION ACT.
(a) Repeals and Redesignations.--
(1) Repeals.--Section 427 of the Department of Education
Organization Act (20 U.S.C. 3487) (hereafter in this part
referred to as the ``Act'') is repealed.
(2) Redesignation.--Sections 209, 210, 211, 212, 214, 303,
304, 305, 306, 307, and 428 of the Act are redesignated as
sections 208, 209, 210, 211, 212, 302, 303, 304, 305, 306,
and 427 of the Act, respectively.
(3) Cross references.--(A) Paragraph (2) of section 401(b)
of the Act (20 U.S.C. 3461(b)(2)) is amended by striking
``209'' and inserting ``208''.
(B) Paragraph (9) of section 912(l) of the Educational
Research, Development, Dissemination, and Improvement Act of
1994 (20 U.S.C. 6011(l)(9)) is amended by striking ``209''
and inserting ``208''.
(b) Gender Equity.--Subsection (b) of section 202 of the
Act (20 U.S.C. 3412) is amended by inserting after paragraph
(2) the following new paragraph:
``(3) There shall be in the Department, a Special Assistant
for Gender Equity who shall be appointed by the Secretary.
The Special Assistant shall promote, coordinate, and evaluate
gender equity programs, including the dissemination of
information, technical assistance, and coordination of
research activities. The Special Assistant shall advise the
Secretary and Deputy Secretary on all matters relating to
gender equity.''.
(c) Office of Non-public Education.--Title II of the Act
(20 U.S.C. 3411 et seq.) is amended by adding immediately
before section 215 the following new section:
``OFFICE OF NON-PUBLIC EDUCATION
``Sec. 214. There shall be in the Department an Office of
Non-Public Education to ensure the maximum potential
participation of non-public school students in all Federal
educational programs for which such students are eligible.''.
(d) Rules; Acquisition and Maintenance of Property.--Part B
of title IV of the Act (20 U.S.C. 3471 et seq.) is amended--
(1) in section 414 (20 U.S.C. 1226a)--
(A) by striking ``(a)''; and
(B) by striking subsection (b); and
(2) in section 421 (20 U.S.C. 1230), by inserting ``and to
accept donations of services,'' after ``personal,''.
(e) Table of Contents.--The table of contents contained in
section 1 of the Act (20 U.S.C. 3401 note) is amended to read
as follows:
``TABLE OF CONTENTS
``Sec. 1. Short title; table of contents.
``TITLE I--GENERAL PROVISIONS
``Sec. 101. Findings.
``Sec. 102. Purposes.
``Sec. 103. Federal-State Relationships.
``Sec. 104. Definitions.
``TITLE II--ESTABLISHMENT OF THE DEPARTMENT
``Sec. 201. Establishment.
``Sec. 202. Principal officers.
``Sec. 203. Office for Civil Rights.
``Sec. 204. Office of Elementary and Secondary Education.
``Sec. 205. Office of Postsecondary Education.
``Sec. 206. Office of Vocational and Adult Education.
``Sec. 207. Office of Special Education and Rehabilitative Services.
``Sec. 208. Office of Educational Research and Improvement.
``Sec. 209. Office of Bilingual Education and Minority Languages
Affairs.
``Sec. 210. Office of General Counsel.
``Sec. 211. Office of Inspector General.
``Sec. 212. Office of Non-Public Education.
``Sec. 213. Office of Indian Education.
``Sec. 214. Office of Non-Public Education.
``Sec. 215. Office of Indian Education.
``Sec. 216. Office of Bilingual Education and Minority Languages
Affairs.
``Sec. 217. Federal Interagency Committee on Education.
``TITLE III--TRANSFERS OF AGENCIES AND FUNCTIONS
``Sec. 301. Transfers from the Department of Health, Education, and
Welfare.
``Sec. 302. Transfers from the Department of Labor.
``Sec. 303. Transfers of programs from the National Science Foundation.
``Sec. 304. Transfers from the Department of Justice.
``Sec. 305. Transfers from the Department of Housing and Urban
Development.
``Sec. 306. Effect of transfers.
``TITLE IV--ADMINISTRATIVE PROVISIONS
``Part A--Personnel Provisions
``Sec. 401. Officers and employees.
``Sec. 402. Experts and consultants.
``Sec. 403. Personnel reduction and annual limitations.
``Part B--General Administrative Provisions
``Sec. 411. General authority.
``Sec. 412. Delegation.
``Sec. 413. Reorganization.
``Sec. 414. Rules.
``Sec. 415. Contracts.
``Sec. 416. Regional and field offices.
``Sec. 417. Acquisition and maintenance of property.
``Sec. 418. Facilities at remote locations.
``Sec. 419. Use of facilities.
``Sec. 420. Copyrights and patents.
``Sec. 421. Gifts and bequests.
``Sec. 422. Technical advice.
``Sec. 423. Working capital fund.
``Sec. 424. Funds transfer.
``Sec. 425. Seal of department.
``Sec. 426. Annual report.
``Sec. 427. Authorization of appropriations.
``TITLE V--TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS
``Sec. 501. Transfer and allocation of appropriations and personnel.
``Sec. 502. Effect on personnel.
``Sec. 503. Agency terminations.
``Sec. 504. Incidental transfers.
``Sec. 505. Savings provisions.
``Sec. 506. Separability.
``Sec. 507. Reference.
``Sec. 508. Amendments.
``Sec. 509. Redesignation.
``Sec. 510. Coordination of programs affecting handicapped individuals.
``Sec. 511. Transition.
``TITLE VI--EFFECTIVE DATE AND INTERIM APPOINTMENTS
``Sec. 601. Effective date.
``Sec. 602. Interim appointments.''.
SEC. 272. THE REHABILITATION ACT OF 1973.
Section 9 of the Rehabilitation Act of 1973 (29 U.S.C. 706)
is repealed.
TITLE III--AMENDMENTS TO OTHER ACTS
PART A--AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT
SEC. 311. ALLOCATIONS UNDER SECTION 611.
(a) Maximum Amount.--Subsection (a) of section 611 of the
Individuals with Disabilities Education Act (hereafter in
this part referred to as the ``Act'') (20 U.S.C. 1411(a)) is
amended--
(1) by amending paragraph (1) to read as follows:
``(1) Except as provided in paragraph (5), the maximum
amount of the grant for which a State is entitled under this
section for any fiscal year is--
``(A) the sum of--
``(i) the number of children with disabilities in the
State, aged 6 through 21, who are receiving special education
and related services, as determined under paragraph (3); and
``(ii) if the State is eligible for a grant under section
619, the number of such children in the State, aged 3 through
5; multiplied by
``(B) 40 percent of the average per-pupil expenditure in
public elementary and secondary schools in the United
States.'';
(2) by amending paragraph (2) to read as follows:
``(2) For the purpose of this section, the term `State'
means each of the 50 States, the District of Columbia, and
the Commonwealth of Puerto Rico.''; and
(3) in subparagraph (A) of paragraph (5)--
(A) in clause (i)--
(i) by striking ``and the State'' and inserting ``, or the
combined percentage of such children counted by the Secretary
for the purpose of making fiscal year 1994 allocations under
this section and under subpart 2 of part D of chapter 1 of
title I of the Elementary and Secondary Education Act of 1965
(as such subpart was in effect on the day preceding the date
of enactment of the Improving America's Schools Act of 1994),
whichever is greater, if the State''; and
(ii) by inserting ``and'' after the comma at the end;
(B) in clause (ii)--
(i) by striking ``and the State'' and inserting ``, or the
combined percentage of such children counted by the Secretary
for the purpose of making fiscal year 1994 alloca-
[[Page 2208]]
tions under this section and under subpart 2 of part D of
chapter 1 of title I of the Elementary and Secondary
Education Act of 1965 (as such subpart was in effect on the
day preceding the date of enactment of the Improving
America's Schools Act of 1994), whichever is greater, if the
State''; and
(ii) by striking ``; and'' and inserting a period; and
(C) by striking clause (iii).
(b) State Uses.--Subsection (b) of section 611 of the Act
(20 U.S.C. 1411(b)) is amended to read as follows:
``(b)(1) Notwithstanding subsections (a) and (g), no State
shall receive an amount under this section for any of the
fiscal years 1995 through 1999 that is less than the sum of
the amount such State received for fiscal year 1994 under--
``(A) this section; and
``(B) subpart 2 of part D of chapter 1 of title I of the
Elementary and Secondary Education Act of 1965 (as such
subpart was in effect on the day preceding the date of
enactment of the Improving America's Schools Act of 1994) for
children with disabilities aged 3 through 21.
``(2) If, for fiscal year 1998 or 1999, the number of
children determined under subsection (a)(3) for any State is
less than the total number of children with disabilities,
aged 3 through 21, counted for that State's fiscal year 1994
grants under this section and under subpart 2 of part D of
chapter 1 of title I of the Elementary and Secondary
Education Act of 1965 (as such subpart was in effect on the
day preceding the date of enactment of the Improving
America's Schools Act of 1994), then the amount determined
under paragraph (1) for that State shall be reduced by the
same percentage by which the number of those children so
declined.
``(3)(A) If the sums made available under this part for any
fiscal year are insufficient to pay the full amounts that all
States are eligible to receive under paragraphs (1) and (2)
for such year, the Secretary shall ratably reduce the
allocations to such States for such year.
``(B) If additional funds become available for making
payments under paragraphs (1) and (2) for such fiscal year,
allocations that were reduced under subparagraph (A) shall be
increased on the same basis as such allocations were
reduced.''.
(c) Distribution.--Subsection (c) of section 611 of the Act
(20 U.S.C. 1411(c)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Of the funds received under subsection (a) by any
State for any fiscal year--
``(A) a State may use not more than 25 percent of such
funds in accordance with paragraph (2); and
``(B) except as provided in paragraph (4), the State shall
distribute at least 75 percent of such funds to local
educational agencies and intermediate educational units, in
accordance with subsection (d), for use in accordance with
priorities established under section 612(3).''; and
(2) in paragraph (2), by amending subparagraph (A) to read
as follows:
``(A) From the funds that any State may use under paragraph
(1)(A) for any fiscal year, the State--
``(i) may use 5 percent of the funds received under this
section or $450,000, whichever is greater, for administrative
costs related to carrying out sections 612 and 613; and
``(ii) shall use the remainder--
``(I) to provide support services and direct services,
subject to subparagraph (B), in accordance with priorities
established under section 612(3); and
``(II) for the administrative costs of monitoring and
complaint investigation, but only to the extent that such
costs exceed the
costs of administration incurred during fiscal year 1985.''.
(d) Formula.--Subsection (d) of section 611 of the Act (20
U.S.C. 1411(d)) is amended to read as follows:
``(d)(1) From the total amount of funds available for any
fiscal year under subsection (c)(1)(B), the State shall
provide to each local educational agency or intermediate
educational unit an amount that bears the same ratio to such
total amount as the number of children, aged 3 through 21,
determined under subsection (a)(3) for such agency or unit
bears to the total number of such children determined for all
such agencies and units that apply for such funds.
``(2)(A) To the extent necessary, the State--
``(i) shall use funds available under subsection
(c)(2)(A)(ii) to ensure that each State agency that received
funds for fiscal year 1994 under subpart 2 of part D of
chapter 1 of title I of the Elementary and Secondary
Education Act of 1965 (as such subpart was in effect on the
day preceding the date of enactment of the Improving
America's Schools Act of 1994) receives, from the sum of such
funds and funds provided under paragraph (1), an amount equal
to--
``(I) the number of children, aged 6 through 21, determined
under subsection (a)(3) for such agency; multiplied by
``(II) the per-child amount provided under such subpart for
fiscal year 1994; and
``(ii) may use such funds to ensure that each local
educational agency that received for fiscal year 1994 under
such subpart for children who had transferred from a State-
owned, State-operated, or State-supported school or program
assisted under such subpart receives, from the sum of such
funds and funds provided under paragraph (1), an amount for
each such child, aged 3 through 21, determined under
subsection (a)(3) for such agency, equal to the per-child
amount the agency received under such subpart for fiscal year
1994.
``(B) For the purpose of subparagraph (A), the number of
children determined under subsection (a)(3) for any State
agency or local educational agency shall not exceed the
number of children aged 3 through 21 for whom such agency
received funds under such subpart for such fiscal year.''.
(e) Jurisdictions.--Paragraph (1) of section 611(e) of the
Act (20 U.S.C. 1411(e)(1)) is amended to read as follows:
``(1) The jurisdictions to which this subsection applies
are Guam, American Samoa, the Virgin Islands, the
Commonwealth of the Northern Mariana Islands, and Palau
(until the Compact of Free Association with the Government of
Palau takes effect).''.
(f) Insufficient Appropriations.--Subsection (g) of section
611 of the Act (20 U.S.C. 1411(g)) is amended to read as
follows:
``(g)(1)(A) If the sums appropriated under subsection (h)
for any fiscal year are not sufficient to pay in full the
total of the amounts that all States are eligible to receive
under subsection (a), each such amount shall be ratably
reduced.
``(B) If additional funds become available for making such
payments for any fiscal year, such reduced amounts shall be
increased on the same basis as such payments were reduced.
``(C) Any State that receives any such additional funds
shall distribute such funds in accordance with this section,
except that any State that has used funds available under
subsection (c)(2)(A)(ii) for the purposes described in
subsection (d)(2) may--
``(i) deduct, from the amount that the State would
otherwise be required to make available to local educational
agencies and intermediate educational units, the same amount
of such additional funds as the State so used; and
``(ii) use such funds in accordance with subsection
(c)(2)(A)(ii).
``(2)(A) In any fiscal year for which payments have been
reduced and additional funds have not been made available
under paragraph (1) to pay in full the amounts for which all
States are eligible under this section, each State
educational agency shall fix dates by which each local
educational agency or intermediate educational unit shall
report to the State agency the amount of funds available to
such agency under this section that such agency estimates
such agency will expend.
``(B) The State educational agency shall, in accordance
with this section, reallocate any funds that the State
educational agency determines will not be used during the
period of availability by local educational agencies and
intermediate educational units, and by any such agency or
unit to which such funds would be available if such agency or
unit applied for such funds under this part, to those local
educational agencies and intermediate educational units that
the State educational agency determines will need, and be
able to use, additional funds to carry out approved
programs.''.
SEC. 312. TREATMENT OF CHAPTER 1 STATE AGENCIES.
Part B of the Act (20 U.S.C. 1411 et seq.) is further
amended by inserting after section 614 the following new
section:
``TREATMENT OF CHAPTER 1 STATE AGENCIES
``Sec. 614A. (a) For the purpose of making payments under
sections 611 and 619 of this Act, any State agency that
received funds for fiscal year 1994 under subpart 2 of part D
of chapter 1 of title I of the Elementary and Secondary
Education Act of 1965 (as such subpart was in existence on
the day preceding the date of enactment of the Improving
America's Schools Act of 1994) shall be treated as if the
State agency were a local educational agency.
``(b) Any State agency which desires to receive payments
under section 611(d) and section 619(c)(3) for any fiscal
year shall submit an application to the State educational
agency. Such application shall--
``(1) include an assurance that all children with
disabilities who are participating in programs and projects
funded under this part receive a free appropriate public
education, and that such children and their parents are
provided all the rights and procedural safeguards described
in this part; and
``(2) meet those requirements of section 614 that the
Secretary finds appropriate.
``(c) Section 611(c)(4) shall not apply with respect to a
State agency that is eligible for a payment under this part
by application of this section.''.
SEC. 313. INFANTS AND TODDLERS WITH DISABILITIES.
(a) Amendment.--Subsection (c) of section 684 of the Act
(20 U.S.C. 1484) is amended--
(1) by redesignating paragraph (2) as paragraph (6);
(2) by amending paragraph (1) to read as follows:
``(1) Except as provided in paragraphs (3), (4), and (5)
from the funds remaining for each fiscal year after the
reservation and payments under subsections (a) and (b), the
Secretary shall first allot to each State an amount that
bears the same ratio to the amount of such remainder as the
number of infants and toddlers in the State bears to the
number of infants and toddlers in all States.''; and
(3) by inserting after paragraph (1) the following new
paragraphs:
``(2) For fiscal year 1995 only, the Secretary shall allot
$34,000,000 of the remaining funds described in paragraph (1)
among the States in proportion to their relative numbers of
infants and toddlers with disabilities who--
[[Page 2209]]
``(A) are counted on December 1, 1994; and
``(B) would have been eligible to be counted under section
1221(c)(1) of the Elementary and Secondary Education Act of
1965 (as such section was in effect on the day preceding the
date of the enactment of the Improving America's Schools Act
of 1994).
``(3) Except as provided in paragraphs (4) and (5), no
State shall receive an amount under this section for any
fiscal year that is less than the greater of--
``(A) one-half of one percent of the remaining amount
described in paragraph (1), excluding any amounts allotted
under paragraph (2); or
``(B) $500,000.
``(4)(A) Except as provided in paragraph (5), no State
shall receive an amount under this section for any of the
fiscal years 1995 through 1999 that is less than the sum of
the amount such State received for fiscal year 1994 under--
``(i) this part; and
``(ii) subpart 2 of part D of chapter 1 of title I of the
Elementary and Secondary Education Act of 1965 (as such
subpart was in existence on the day preceding the date of
enactment of the Improving America's Schools Act of 1994) for
children with disabilities from birth through age 2.
``(B) If, for fiscal year 1998 or 1999, the number of
infants and toddlers in any State, as determined under
paragraph (1), is less than the number of infants and
toddlers so determined for fiscal year 1994, the amount
determined under subparagraph (A) for that State shall be
reduced by the same percentage by which the number of those
infants and toddlers so declined.
``(5)(A) If the sums made available under this part for any
fiscal year are insufficient to pay the full amounts that all
States are eligible to receive under this subsection for such
year, the Secretary shall ratably reduce the allocations to
such States for such year.
``(B) If additional funds become available for making
payments under this subsection for such fiscal year,
allocations that were reduced under subparagraph (A) shall be
increased on the same basis as such allocations were
reduced.''.
(b) Effective Date.--Subsection (a) and the amendments made
by subsection (a) shall take effect on October 1, 1994.
SEC. 314. LOCAL CONTROL OVER VIOLENCE.
(a) Amendments.--
(1) In general.--Paragraph (3) of section 615(e) of the Act
(20 U.S.C. 1415(e)(3)) is amended--
(A) by striking ``During'' and inserting ``(A) Except as
provided in subparagraph (B), during''; and
(B) by adding at the end the following new subparagraph:
``(B)(i) Except as provided in clause (iii), if the
proceedings conducted pursuant to this section involve a
child with a disability who is determined to have brought a
weapon to school under the jurisdiction of such agency, then
the child may be placed in an interim alternative educational
setting, in accordance with State law, for not more than 45
days.
``(ii) The interim alternative educational setting
described in clause (i) shall be decided by the individuals
described in section 602(a)(20).
``(iii) If a parent or guardian of a child described in
clause (i) requests a due process hearing pursuant to
paragraph (2) of subsection (b), then the child shall remain
in the alternative educational setting described in such
clause during the pendency of any proceedings conducted
pursuant to this section, unless the parents and the local
educational agency agree otherwise.
``(iv) For the purpose of this section, the term `weapon'
means a firearm as such term is defined in section 921 of
title 18, United States Code.''.
(2) Effective date.--Paragraph (1) and the amendments made
by paragraph (1) shall be effective during the period
beginning on the date of enactment of this Act and ending on
the date of enactment of an Act (enacted after the date of
the enactment of this Act) that reauthorizes the Individuals
with Disabilities Education Act.
(b) Limitation.--Nothing in the Individuals with
Disabilities Education Act shall supersede the provisions of
section 14601 of the Elementary and Secondary Education Act
if a child's behavior is unrelated to such child's
disability, except that this section shall be interpreted in
a manner that is consistent with the Department's final
guidance concerning State and local responsibilities under
the Gun-Free Schools Act of 1994.
SEC. 315. FAMILY SUPPORT FOR FAMILIES OF CHILDREN WITH
DISABILITIES.
The Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.) is amended by adding at the end the following
new part:
``PART I--FAMILY SUPPORT
``SEC. 701. SHORT TITLE.
``This part may be cited as the `Families of Children With
Disabilities Support Act of 1994'.
``SEC. 702. FINDINGS, PURPOSES, AND POLICY.
``(a) Findings.--The Congress makes the following findings:
``(1) It is in the best interest of our Nation to preserve,
strengthen, and maintain the family.
``(2) Families are the greatest natural resource available
to their children and are the major providers of support,
care, and training of their children.
``(3) Families of children with disabilities enrich the
lives of all citizens through the contributions of such
families to the economic, health, and social fabric of their
community, State, and Nation.
``(4) A growing number of families are searching for ways
to empower themselves to raise their children with
disabilities at home and in their communities. Supporting
such families to enable them to care for their children with
disabilities at home is efficient and can be cost-effective.
``(5) Children, including children with disabilities,
benefit from enduring family relationships in a nurturing
home environment.
``(6) Many families experience exceptionally high financial
outlays and significant physical and emotional challenges in
meeting the special needs of their children with
disabilities.
``(7) There are financial disincentives for families to
care for their children with disabilities at home.
``(8) Most families of children with disabilities do not
have access to family-centered and family-directed services
to support such families in their efforts to care for their
children with disabilities at home.
``(9) There is a need in each State for a comprehensive,
coordinated, interagency system of family support for
families of children with disabilities that is family-
centered and family-directed, is easily accessible, avoids
duplication, uses existing resources more efficiently, and
prevents gaps in services to families in all areas of the
State.
``(10) The goals of the Nation properly include the goal of
providing families of children with disabilities the family
support necessary to accomplish the following:
``(A) To support the family.
``(B) To enable families of children with disabilities to
nurture and enjoy their children at home.
``(C) To enable families of children with disabilities to
make informed choices and decisions regarding the nature of
services, sup-
ports, and resources made available to such families.
``(b) Purposes.--The purposes of this part are as follows:
``(1) To provide financial assistance to the States to
support systems change activities designed to assist each
State to develop and implement, or expand and enhance, a
family-centered and family-directed, culturally competent,
community-centered, comprehensive, statewide system of family
support for families of children with disabilities that is
designed to--
``(A) ensure the full participation, choice and control of
families of children with disabilities in decisions related
to the provision of such family support for their family;
``(B) ensure the active involvement of families of children
with disabilities in the planning, development,
implementation, and evaluation of such a statewide system;
``(C) increase the availability of, funding for, access to,
and provision of family support for families of children with
disabilities;
``(D) promote training activities that are family-centered
and family-directed and that enhance the ability of family
members of children with disabilities to increase
participation, choice, and control in the provision of family
support for families of children with disabilities;
``(E) increase and promote interagency coordination among
State agencies, and between State agencies and private
entities that are involved in carrying out activities under
section 708; and
``(F) increase the awareness of laws, regulations,
policies, practices, procedures, and organizational
structures, which facilitate or impede the availability or
provision of family support for families of children with
disabilities.
``(2) To enhance the ability of the Federal Government to--
``(A) identify Federal policies that facilitate or impede
family support for families of children with disabilities,
and that are consistent with the principles in subsection
(c);
``(B) provide States with technical assistance and
information relating to the provision of family support for
families of children with disabilities;
``(C) conduct an evaluation of the program of grants to
States; and
``(D) provide funding for model demonstration and
innovation projects.
``(c) Policy.--It is the policy of the United States that
all programs, projects, and activities receiving assistance
under this part shall be family-centered and family-directed
and shall be carried out in a manner consistent with the
following principles:
``(1) Family support for families of children with
disabilities must focus on the needs of the entire family.
``(2) Families of children with disabilities should be
supported in determining their needs and in making decisions
concerning necessary, desirable, and appropriate services.
``(3) Families should play decisionmaking roles in policies
and programs that affect the lives of such families.
``(4) Family needs change over time and family support for
families of children with disabilities must offer options
that are flexible and responsive to the unique needs and
strengths and cultural values of individual families.
``(5) Family support for families of children with
disabilities is proactive and not solely in response to a
crisis.
``(6) Families must be supported in their efforts to
promote the integration and inclusion of their children with
disabilities into all aspects of community life.
``(7) Family support for families of children with
disabilities should promote the use of existing social
networks, strengthen natural
[[Page 2210]]
sources of support, and help build connections to existing
community resources and services.
``(8) Youth with disabilities should be involved in
decisionmaking about their own lives, consistent with the
unique strengths, resources, priorities, concerns, abilities,
and capabilities of each such youth.
``(9) Services and supports must be provided in a manner
that demonstrates respect for individual dignity, personal
responsibility, self-determination, personal preferences, and
cultural differences of families.
``(d) Rule of Construction.--Nothing in this part shall be
construed to prevent families from choosing an out-of-home
placement for their children with disabilities, including
institutional placement for such children.
``SEC. 703. DEFINITIONS.
``For the purposes of this part, only the following
definitions shall apply:
``(1) Child with a disability.--The term `child with a
disability' means an individual who from birth through 21
years of age meets the definition of disability under
paragraph (4).
``(2) Council.--The term `Council' means an existing
Council, or a new Council, which is considered as a State
Policy Council for Families of Children with Disabilities
under section 707.
``(3) Culturally competent.--The term `culturally
competent' means services, supports, or other assistance that
is conducted or provided in a manner that--
``(A) is responsive to the beliefs, interpersonal styles,
attitudes, language, and behaviors of those individuals
receiving services; and
``(B) has the greatest likelihood of ensuring maximum
participation of such individuals.
``(4) Disability.--The term `disability' means--
``(A) in the case of an individual 6 years of age or older,
a significant physical or mental impairment as defined
pursuant to State policy to the extent that such policy is
established without regard to type of disability; and
``(B) in the case of infants and young children, birth to
age 5, inclusive, a substantial developmental delay or
specific congenital or acquired conditions with a high
probability of resulting in a disability if services are not
provided.
``(5) Existing council.--The term `existing Council' means
an entity or a committee of an entity that--
``(A) is established by a State prior to the date on which
the State submits an application for funding under this part;
``(B) has authority to advise the State with respect to
family support for families of children with disabilities;
and
``(C) may have the authority to carry out other
responsibilities and duties.
``(6) Family.--The term `family' means a group of
interdependent persons residing in the same household that
consists of a child with a disability and one or more of the
following:
``(A) A mother, father, brother, sister or any combination.
``(B) Extended blood relatives, such as a grandparent,
aunt, or uncle.
``(C) An adoptive parent.
``(D) One or more persons to whom legal custody of a child
with a disability has been given by a court.
``(E) A person providing short-term foster care that
includes a family reunification plan with the biological
family.
``(F) A person providing long-term foster care for a child
with a disability.
The term does not include employees who, acting in their paid
employment capacity, provide services to children with
disabilities in out-of-home settings such as hospitals,
nursing homes, personal care homes, board and care homes,
group homes, or other facilities.
``(7) Family-centered and family-directed.--The term
`family-centered and family-directed' means, with respect to
a service or program, that the service or program--
``(A) facilitates the full participation, choice, and
control by families of children with disabilities in--
``(i) decisions relating to the supports that will meet the
priorities of the family; and
``(ii) the planning, development, implementation, and
evaluation of the statewide system of family support for
families of children with disabilities;
``(B) responds to the needs of the entire family of a child
with a disability in a timely and appropriate manner; and
``(C) is easily accessible to and usable by families of
children with disabilities.
``(8) Family satisfaction.--The term `family satisfaction'
means the extent to which a service or support meets a need,
solves a problem, or adds value for a family, as determined
by the individual family.
``(9) Family support for families of children with
disabilities.--The term `family support for families of
children with disabilities'--
``(A) means supports, resources, services, and other
assistance provided to families of children with disabilities
that are designed to--
``(i) support families in the efforts of such families to
raise their children with disabilities in the family home;
``(ii) strengthen the role of the family as primary
caregiver;
``(iii) prevent inappropriate and unwanted out-of-the-home
placement and maintain family unity; and
``(iv) reunite families with children with disabilities who
have been placed out of the home, whenever possible; and
``(B) includes--
``(i) service coordination that includes individualized
planning and brokering for services with families in control
of decisionmaking;
``(ii) goods and services, which may include specialized
diagnosis and evaluation, adaptive equipment, respite care
(in and out of the home), personal assistance services,
homemaker or chore services, behavioral supports, assistive
technology services and devices, permanency or future
planning, home and vehicle modifications and repairs,
equipment and consumable supplies, transportation,
specialized nutrition and clothing, counseling services and
mental health services for family members, family education
or training services, communication services, crisis
intervention, day care and child care for a child with a
disability, supports and services for integrated and
inclusive community activities, parent or family member
support groups, peer support, sitter service or companion
service, and education aids; and
``(iii) financial assistance, which may include
discretionary cash subsidies, allowances, voucher or
reimbursement systems, low-interest loans, or lines of
credit.
``(10) Integration and inclusion.--The term `integration
and inclusion' with respect to children with disabilities and
their families means--
``(A) the use of the same community resources that are used
by and available to other individuals and families;
``(B) the full and active participation in the same
community activities and utilization of the same community
resources as individuals without disabilities, living,
learning, working, and enjoying life in regular contact with
individuals without disabilities; and
``(C) having friendships and relationships with individuals
and families of their own choosing.
``(11) Lead entity.--The term `lead entity' means an office
or entity described in section 706.
``(12) New council.--The term `new Council' means a council
that is established by a State, and considered as the State
Policy Council for Families of Children with Disabilities,
under section 707(a).
``(13) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services.
``(14) Service coordination.--The term `service
coordination'--
``(A) means those family-centered and family-directed
activities that assist and enable families to receive rights
and procedural safeguards and to gain access to social,
medical, legal, educational, and other supports and services;
and
``(B) includes--
``(i) follow-along services that assure, through a
continuing relationship between a family of a child with a
disability and an individual or entity, that the changing
needs of the child and family are recognized and
appropriately met;
``(ii) the coordination and monitoring of services provided
to children with disabilities and their families;
``(iii) the provision of information to children with
disabilities and their families about the availability of
services and assistance to such children and their families
in obtaining appropriate services; and
``(iv) the facilitation and organization of existing social
networks, and natural sources of support, and community
resources and services.
``(15) Statewide system of family support.--The term
`statewide system of family support for families of children
with disabilities' means a family-centered and family-
directed, culturally competent, community-centered,
comprehensive, statewide system of family support for
families of children with disabilities developed and
implemented by a State under this part that--
``(A) addresses the needs of all families of children with
disabilities, including unserved and underserved populations;
and
``(B) addresses such needs without regard to the age, type
of disability, race, ethnicity, or gender of such children or
the particular major life activity for which such children
need the assistance.
``(16) Systems change activities.--The term `systems change
activities' means efforts that result in laws, regulations,
policies, practices, or organizational structures--
``(A) that are family-centered and family-directed;
``(B) that facilitate and increase access to, provision of,
and funding for, family support services for families of
children with disabilities; and
``(C) that otherwise accomplish the purposes of this part.
``(17) Unserved and underserved populations.--The term
`unserved and underserved populations' includes populations
such as individuals from racial and ethnic minority
backgrounds, economically disadvantaged individuals,
individuals with limited-English proficiency, individuals
from underserved geographic areas (rural or urban), and
specific groups of individuals within the population of
individuals with disabilities, including individuals with
disabilities attributable to physical impairment, mental
impairment, or a combination of physical and mental
impairments.
[[Page 2211]]
``SEC. 704. GRANTS TO STATES.
``(a) In General.--The Secretary shall make grants to
States on a competitive basis, in accordance with the
provisions of this part, to support systems change activities
designed to assist States to develop and implement, or expand
and enhance, a statewide system of family support for
families of children with disabilities that accomplishes the
purposes described in section 702.
``(b) Award Period and Grant Limitation.--No grant shall be
awarded for a period greater than 3 years. A State shall be
eligible for not more than one grant.
``(c) Amount of Grants.--
``(1) Grants to states.--
``(A) Federal matching share.--From amounts appropriated
under section 716(a), the Secretary shall pay to each State
that has an application approved under section 705, for each
year of the grant period, an amount that is--
``(i) equal to 75 percent of the cost of the systems change
activities to be carry out by the State; and
``(ii) not less than $200,000 and not more than $500,000.
``(B) Non-Federal Share.--The non-Federal share of payments
under this paragraph may be in cash or in kind fairly
evaluated, including planned equipment or services.
``(2) Grants to territories.--From amounts appropriated
under section 716(a) for any fiscal year, the Secretary shall
pay to each territory that has an application approved under
section 705 not more than $100,000.
``(3) Calculation of amounts.--The Secretary shall
calculate a grant amount described in paragraph (1) or (2) on
the basis of the following:
``(A) The amounts available for making grants under this
section.
``(B) The child population of the State or territory
concerned.
``(4) Definitions.--As used in this subsection:
``(A) State.--The term `State' means each of the 50 States
of the United States, the District of Columbia, and the
Commonwealth of Puerto Rico.
``(B) Territory.--The term `territory' means the United
States Virgin Islands, Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, or the Republic of Palau
(upon the entry into force and effect of the Compact of Free
Association between the United States and the Republic of
Palau).
``(d) Priority for Previously Participating States.--
Amounts appropriated for purposes of carrying out the
provisions of this section in each of the 2 fiscal years
succeeding the fiscal year in which amounts are first
appropriated for such purposes shall first be made available
to a State that--
``(1) received a grant under this section during the fiscal
year preceding the fiscal year concerned; and
``(2) is making significant progress in accordance with
section 710.
``(e) Priorities for Distribution.--To the extent
practicable, the Secretary shall award grants to States under
this section in a manner that--
``(1) is geographically equitable; and
``(2) distributes the grants among States that have
differing levels of development of statewide systems of
family support for families of children with disabilities.
``SEC. 705. APPLICATION.
``A State that desires to receive a grant under this part
shall submit an application to the Secretary that contains
the following information and assurances:
``(1) Family-centered and family-directed approach.--An
assurance that the State will use funds made available under
this part to accomplish the purposes described in section 702
and the goals, objectives, and family-centered outcomes
described in section 709(b) by carrying out systems change
activities in partnership with families and in a manner that
is family-centered and family-directed.
``(2) Designation of the lead entity.--Information
identifying the lead entity, and evidence documenting the
abilities of such entity.
``(3) State policy council for families of children with
disabilities.--An assurance of the following:
``(A) The State has designated or established Council that
meets the criteria set forth in section 707.
``(B) The lead entity will seek and consider on a regular
and ongoing basis advice from the Council regarding the
development and implementation of the strategic plan under
section 709, and other policies and procedures of general
applicability pertaining to the provision of family support
for families of children with disabilities in the State.
``(C) The lead entity will include, in its annual progress
reports, a summary of advice provided by the Council,
including recommendations from the annual report of the
Council and the response of the lead entity to such advice
and recommendations.
``(D) The lead entity will transmit to the Council any
other plans, reports, and other information required under
this part.
``(4) Family involvement.--A description of the following:
``(A) The nature and extent of the involvement of families
of children with disabilities and individuals with
disabilities in the development of the application.
``(B) Strategies for actively involving families of
children with disabilities and individuals with disabilities
in the development, implementation, and evaluation of the
statewide system of family support for families of children
with disabilities.
``(C) Strategies and special outreach activities that will
be undertaken to ensure the active involvement of families of
children with disabilities who are members of unserved and
underserved populations.
``(D) Strategies for actively involving families of
children with disabilities who use family support services in
decisions relating to such services.
``(5) Agency involvement.--A description of the nature and
extent of involvement of various State agencies or units
within State agencies in the preparation of the application
and the continuing role of each agency in the statewide
system of family support for families of children with
disabilities.
``(6) State resources.--A description of the State
resources and other resources that are available to commit to
the statewide system of family support for families of
children with disabilities.
``(7) Unmet needs.--A description of unmet needs for family
support for families of children with disabilities within the
State.
``(8) Preliminary plan.--A preliminary plan that contains
information on the program to be carried out under the grant
with respect to the goals and objectives of the State for the
program and the activities that the State plans to carry out
under the program (including the process for appointing
individuals to the Council) and that is consistent with the
purposes of this part.
``(9) Activities.--An assurance that, except for the first
year of the grant, the State shall expend not less than 65
percent of the funds made available to a State under this
part for grants and contracts to conduct the activities
described in section 708.
``(10) Limit on administrative costs.--An assurance that
the lead entity that receives funding under this part in any
fiscal year shall use not more than 5 percent of such funds
in such year for administrative expenses. Such administrative
expenses shall not include expenses related to the activities
of the Council.
``(11) Strategic plan.--A description of the measures that
will be taken by the State to develop a strategic plan in
accordance with section 709.
``(12) Evaluation.--An assurance that the State will
conduct an annual evaluation of the statewide system of
family support for families of children with disabilities in
accordance with section 710.
``(13) Coordination with state and local councils.--An
assurance that the lead entity will coordinate the activities
funded through a grant made under this part with the
activities carried out by other relevant councils within the
State.
``(14) Supplement other funds.--An assurance, with respect
to amounts received under a grant, of the following:
``(A) Such grant will be used to supplement and not
supplant amounts available from other sources that are
expended for programs of family support for families of
children with disabilities, including the provision of family
support.
``(B) Such grant will not be used to pay a financial
obligation for family support for families of children with
disabilities that would have been paid with amounts available
from other sources if amounts under such grant had not been
available.
``(15) Other information and assurances.--Such other
information and assurances as the Secretary may reasonably
require.
``SEC. 706. DESIGNATION OF THE LEAD ENTITY.
``(a) Designation.--The Chief Executive Officer of a State
that desires to receive a grant under section 704, shall
designate the office or entity (referred to in this part as
the ``lead entity '') responsible for--
``(1) submitting the application under section 705 on
behalf of the State;
``(2) administering and supervising the use of the amounts
made available under the grant;
``(3) coordinating efforts related to and supervising the
preparation of the application;
``(4) coordinating the planning, development,
implementation (or expansion and enhancement), and evaluation
of a statewide system of family support services for families
of children with disabilities among public agencies and
between public agencies and private agencies, including
coordinating efforts related to entering into interagency
agreements; and
``(5) coordinating efforts related to the meaningful
participation by families in activities carried out under a
grant awarded under this part.
``(b) Qualifications.--In designating the lead entity, the
Chief Executive Officer may designate--
``(1) an office of the Chief Executive Officer;
``(2) a commission appointed by the Chief Executive
Officer;
``(3) a public agency;
``(4) a council established under Federal or State law; or
``(5) another appropriate office, agency, or entity.
``(c) Capabilities of the Lead Entity.--The State shall
provide, in accordance with the requirements of section 705,
evidence that the lead entity has the capacity--
``(1) to promote a statewide system of family support for
families of children with disabilities throughout the State;
``(2) to promote and implement systems change activities;
``(3) to maximize access to public and private funds for
family support services for families of children with
disabilities;
[[Page 2212]]
``(4) to implement effective strategies for capacity
building, family and professional training, and access to and
funding for family support services for families of children
with disabilities across agencies;
``(5) to promote and facilitate the implementation of
family support services for families of children with
disabilities that are family-centered and family-directed,
and flexible, and that provide families with the greatest
possible decisionmaking authority and control regarding the
nature and use of services and supports;
``(6) to promote leadership by families in planning, policy
development, implementation, and evaluation of family support
services for families of children with disabilities, and
parent-professional partnerships; and
``(7) to promote and develop interagency coordination and
collaboration.
``SEC. 707. STATE POLICY COUNCIL FOR FAMILY SUPPORT FOR
FAMILIES OF CHILDREN WITH DISABILITIES.
``(a) Designation or Establishment.--A State that desires
to receive financial assistance under this part shall, prior
to the receipt of funds under this part, designate an
existing Council, or establish a new Council, to be
considered as a State Policy Council for Families of Children
with Disabilities.
``(b) Use of Existing Council.--
``(1) In general.--To the extent that a State has an
existing Council, the existing Council shall be considered in
compliance with this section if the existing Council meets
the requirements under paragraph (2).
``(2) Requirements.--An existing Council shall--
``(A) include a majority of members who are family members
of children with disabilities and who are children with
disabilities (from age 18 to 21);
``(B) in the case in which the existing Council does not
represent the full range of families and individuals
described in subsection (d)(1), adopt strategies that will
ensure the full participation of such families and
individuals in all activities carried out by the Council; and
``(C) carry out functions and authorities that are
comparable to the functions and authorities described in
subsections (e) through (h).
``(3) Documentation of compliance.--Any State that has an
existing Council shall include in a grant application
submitted under section 705 and in subsequent annual progress
reports submitted to the Secretary under section 710, a
description of the measures that are being taken or that are
planned, to ensure that the existing Council of the State
complies with this section.
``(c) Appointments to New Council.--
``(1) Members.--To the extent that a State establishes a
new Council, members of the new Council shall be appointed by
the Chief Executive Officer of the State or the appropriate
official within the State responsible for making appointments
in accordance with subsection (d). The appointing authority
shall select members after soliciting recommendations from
the State Developmental Disabilities Council, parent or
family organizations, and other organizations representing
the full range of disabilities covered under this part. The
appointing authority shall ensure that the membership of the
new Council reasonably represents the population of the State
and shall establish guidelines for the terms of the members
of the new Council.
``(2) Chairperson.--The new Council shall elect a member of
the new Council to serve as the Chairperson of the new
Council. The Chairperson shall be a family member, as
described in subsection (d)(1).
``(d) Composition.--The new Council shall be composed of--
``(1) a majority of members who are--
``(A) individuals who are family members of children with
disabilities, are eligible for family support, and represent
the diversity of families within the State, including those
families from unserved and underserved populations; and
``(B) children with disabilities, from age 18 to 21, and
are representative of the demographics of the State;
``(2) members--
``(A) who are from State agencies with significant
responsibility for the provision of, or payment for, family
support services to families of children with disabilities,
and who have sufficient authority to engage in policy
planning and implementation on behalf of such agencies; and
``(B) who are from the office of the Chief Executive
Officer of the State with responsibility with respect to
budget and finance; and
``(3) such additional members as the appointing authority
considers appropriate.
``(e) Functions.--The new Council shall--
``(1) establish formal policies regarding the operation of
the new Council;
``(2) advise and assist the lead entity in the performance
of responsibilities described in section 706(a), particularly
the promotion of interagency agreements and the promotion of
meaningful participation by families in all aspects of the
statewide system of family support for families of children
with disabilities;
``(3) advise and assist State agencies in the development
of policies and procedures relating to the provision of
family support for families of children with disabilities in
the State;
``(4) advise and assist the lead entity in the development
of all aspects of a strategic plan under section 709,
including--
``(A) the mission, purpose, and principles of the statewide
system of family support for families of children with
disabilities;
``(B) the statement of family-centered outcomes;
``(C) the goals, objectives, and activities;
``(D) the quality improvement or quality enhancement
system;
``(E) the appeals process;
``(F) the eligibility criteria to be used for all programs,
projects, and activities carried out under this part;
``(G) the analysis of the extent to which family support
for families of children with disabilities is defined as a
benefit and not as income; and
``(H) the approach to the evaluation of the statewide
system of family support for families of children with
disabilities;
``(5) advise and assist the lead entity in the
implementation of systems change activities;
``(6) advise and assist the lead entity in assessing family
satisfaction with the statewide system of family support for
families of children with disabilities;
``(7) review, analyze, and comment on the strategic plan
and updates to the plan, progress reports, and annual
budgets;
``(8) advise and assist the lead entity in the
identification of Federal and State barriers that impede the
development of a statewide system of family support for
families of children with disabilities; and
``(9) prepare and submit to the Chief Executive Officer of
the State, the State legislature, and to the Secretary an
annual report on the status of family support services for
families of children with disabilities, and make such report
available to the public.
``(f) Hearings and Forums.--The new Council is authorized
to hold such hearings and forums as the new Council may
determine to be necessary to carry out the duties of the new
Council.
``(g) Conflict of Interest.--No member of the new Council
shall cast a vote on any matter that would provide direct
financial benefit to such member or otherwise give the
appearance of a conflict of interest under applicable State
law.
``(g) Compensation and Expenses.--The new Council may,
consistent with State law, use such resources to reimburse
members of the new Council for reasonable and necessary
expenses of attending the new Council meetings and performing
Council duties (including child care and personal assistance
services), and to pay compensation to a member of the new
Council, if such member is not employed or must forfeit wages
from other employment, for each day the member is engaged in
performing Council duties.
``SEC. 708. AUTHORIZED ACTIVITIES.
``(a) In General.--A State that receives a grant under
section 704 may use the funds made available through the
grant to carry out systems change activities, which
accomplish the purposes described in section 702, such as the
following activities:
``(1) Training and technical assistance.--The State may
support training and technical assistance activities for
family members, service providers, community members,
professionals, members of the Council, students and others
that will do the following:
``(A) Increase family participation, choice, and control in
the provision of family support for families of children with
disabilities.
``(B) Promote partnerships with families of children with
disabilities at all levels of the service system.
``(C) Develop or strengthen family-centered and family-
directed approaches to services, including service
coordination services, service planning services, and respite
care services.
``(D) Assist families of children with disabilities in
accessing natural and community supports and in obtaining
benefits and services.
``(2) Interagency coordination.--The State may support
activities that conduct the following:
``(A) Identification and coordination of Federal and State
policies, resources, and services, relating to the provision
of family support services for families of children with
disabilities, including entering into interagency agreements.
``(B) Interagency work groups to enhance public funding
options and coordinate access to funding for family support
services for families of children with disabilities, with
special attention to the issues of family involvement in the
identification, planning, use, delivery, and evaluation of
such services.
``(C) Documentation and dissemination of information about
interagency activities that promote coordination with respect
to family support services for families of children with
disabilities, including evidence of increased participation
of State and local health, maternal and child health, social
service, mental health, mental retardation and developmental
disabilities, child protection, education, early
intervention, developmental disabilities councils, agencies,
and departments.
``(3) Local or regional councils.--The State may support
the development or enhancement of local or regional councils
to review the status of family support for families of
children with disabilities in the local or regional area, to
advise and assist with the planning, development,
implementation, and evaluation of family support for families
of children with disabilities in such local or regional area,
and to provide recommendations to the State regarding
improvements and plans.
``(4) Outreach.--The State may conduct outreach activities
to locate families who are eligible for family support for
families of
[[Page 2213]]
children with disabilities and to identify groups who are
unserved or underserved. Such activities may involve the
creation or maintenance of, support of, or provision of,
assistance to statewide and community parent organizations,
and organizations that provide family support to families of
children with disabilities.
``(5) Policy studies.--The State may support policy studies
that relate to the development and implementation, or
expansion and enhancement, of a statewide system of family
support for families of children with disabilities. Such
studies may address issues regarding eligibility and access
to services.
``(6) Hearings and forums.--The State may conduct hearings
and forums to solicit input from families of children with
disabilities regarding family support programs, policies, and
plans for such families. Such hearings and forums may be
conducted in collaboration with other statewide councils.
``(7) Public awareness and education.--The State may
develop and disseminate information relating to family
support for families of children with disabilities designed
to provide information to such families, parent groups and
organizations, public and private agencies that are in
contact with children with disabilities and families of such
children, students, policymakers, and the public. Such
information may relate to the nature, cost, and availability
of, and accessibility to, family support for families of
children with disabilities, the impact of family support for
families of children with disabilities on other benefits, and
the efficacy of family support for families of children with
disabilities with respect to enhancing the quality of family
life.
``(8) Needs assessment.--The State may conduct a needs
assessment, which may, in part, be based on existing State
data.
``(9) Program data.--The State may support the compilation
and evaluation of appropriate data related to the statewide
system of family support for families of children with
disabilities.
``(10) Pilot demonstration projects.--The State may support
pilot demonstration projects to demonstrate new approaches to
the provision of family support for families of children with
disabilities. Such projects may include the demonstration of
family-centered and family-directed service coordination,
approaches to improve access to services, including
independent service coordination, peer support networks, and
voucher programs.
``(11) Other activities.--The State may support other
systems change activities that accomplish the purposes
described in section 702.
``(b) Special Rule.--In carrying out activities authorized
under this part, a State shall ensure that such programs and
activities address the needs of families who are economically
disadvantaged.
``SEC. 709. STRATEGIC PLAN.
``(a) In General.--Not later than 6 months after the date
on which assistance is received by a State under this part,
the lead entity of the State, in conjunction with the
Council, shall prepare and submit to the Secretary a
strategic plan designed to achieve the purposes and policy of
this part.
``(b) Contents.--The strategic plan shall include--
``(1) a statement of the mission, purpose, and principles
of the statewide system of family support for families of
children with disabilities in the State;
``(2) a statement of family-centered outcomes to be
achieved by the statewide system of family support for
families of children with disabilities;
``(3) specific goals and objectives for developing and
implementing, or expanding and improving, the system for
providing family support services for families of children
with disabilities, and for achieving the family-centered
outcomes;
``(4) systemic approaches for accomplishing the objectives
and achieving the family-centered outcomes, including
interagency coordination and cooperation, that builds upon
state-of-the-art practices and research findings;
``(5) a description of the specific programs, projects, and
activities funded under this part and the manner in which the
programs, projects, and activities accomplish the objectives
and achieve the family-centered outcomes;
``(6) a description of an ongoing quality improvement or
quality enhancement system, which utilizes information from
ongoing measurements of the extent to which family-centered
outcomes are achieved, to improve the system;
``(7) a description of an appeals process that will be used
in resolving any disputes families of children with
disabilities may have regarding the determination of
eligibility or the provision of family support services to
the family or to the child with a disability;
``(8) a description of the eligibility criteria to be used
to carry out programs, projects, and activities under this
part that includes all eligible families;
``(9) an analysis of the extent to which family support for
a family of a child with a disability is defined as a benefit
and not as income; and
``(10) a description of the plan to conduct an annual
evaluation of the statewide system of family support for
families of children with disabilities, in conjunction with
the Council, to improve such statewide system and to document
progress as required by section 710.
``(c) Period and Updates.--The strategic plan shall cover
the period of the grant and shall be reviewed and updated on
an annual basis to reflect actual experience and family
satisfaction information over the preceding year and input
from the Council, families of children with disabilities, and
other interested parties.
``(d) Recommendations.--Prior to developing the strategic
plan, the State shall solicit input and recommendations from
interested members of the public, either by holding public
hearings or through an alternative method or methods
determined by the lead entity in consultation with the
Council. The lead entity shall also obtain the comments and
recommendations of the Council. The lead entity, in
conjunction with the Council, shall consider the
recommendations and attempt to reach a consensus with respect
to such recommendations. If the lead entity and the Council
are unable to reach a consensus, the lead entity shall
include a written explanation of the reason a consensus was
not reached in the strategic plan.
``(e) Comment.--The State shall develop a procedure for
ensuring ongoing comment from the Council.
``(f) Dissemination.--The State shall widely disseminate
the strategic plan to families of children with disabilities,
parent organizations, and other interested persons.
``(g) Construction.--Nothing in this section shall be
construed to prevent a State from using an existing statewide
strategic plan or parts thereof to meet the requirements of
this section as long as such plan or the applicable parts
thereof are comparable to the specifications of this section.
``SEC. 710. PROGRESS CRITERIA AND REPORTS.
``(a) Guidelines.--The Secretary shall develop guidelines
to be used in assessing the extent to which a State that
received a grant under section 704 is making significant
progress in developing and implementing, or expanding and
enhancing, a statewide system of family support for families
of children with disabilities consistent with the purposes of
this part.
``(b) Progress Reports.--A State that receives a grant
under section 704 shall submit annually to the Secretary a
report that documents progress in developing and
implementing, or expanding and enhancing, a statewide system
of family support for families of children with disabilities
consistent with this part. Such report shall include--
``(1) the results of the annual evaluation of the statewide
system of family support for families of children with
disabilities;
``(2) a description of the unanticipated problems with the
achievement of the goals, objectives, and family-centered
outcomes described in the application or strategic plan and
the measures the State has taken to rectify such problems;
``(3) for the annual progress report concerning the first
year of the grant period, the strategic plan developed by the
State during the first year; and
``(4) for the annual progress report concerning subsequent
years of the grant period, the updated strategic plan.
``SEC. 711. ADMINISTRATIVE PROVISIONS.
``(a) Evaluation of Grant Applications.--
``(1) Panels.--The Secretary shall convene panels of
experts who are competent, by virtue of their training or
experience, to evaluate grant applications under this part.
``(2) Composition of panels.--Panels shall be composed of a
majority of family members of children with disabilities and
individuals with disabilities, and may include service
providers, State administrative personnel, and professionals.
Panels shall include a majority of individuals who are not
Federal employees.
``(3) Expenses and fees of the panel.--A member of the
Panel who is not a Federal employee shall receive travel, per
diem and consultant fees not to exceed the rate provided to
other consultants used by the Secretary. The Secretary may
use funds available under section 716 to pay expenses and
fees of a member of a Panel who is not a Federal employee.
``(b) Provision of Information.--To assist the Secretary in
carrying out the responsibilities of the Secretary under this
section, the Secretary may require States to provide relevant
information, including recommendations and relevant reports
of the Council.
``(c) Appeals.--The Secretary shall establish appeals
procedures for States that are found in noncompliance with
the provisions of this part as the result of failure to
supply information required under section 705 or 710. The
Secretary shall take into consideration the comments of the
Council.
``(d) Effect on Other Assistance.--This part may not be
construed as authorizing a Federal or State agency to reduce
medical or other assistance available, or to alter
eligibility, under any Federal law.
``(e) Unobligated Funds.--Any amount paid to a State for a
fiscal year and remaining unobligated at the end of such year
shall remain available to such State for the next fiscal year
for the purposes for which such amount was paid.
``SEC. 712. TECHNICAL ASSISTANCE.
``(a) In General.--The Secretary shall make grants, or
enter into contracts or cooperative agreements, with
appropriate public or private agencies and organizations,
including institutions of higher education, with documented
experience, expertise, and capacity, for the purpose of
providing technical assistance and information with respect
to the development and implementation, or expansion and
enhancement, of a
[[Page 2214]]
statewide system of family support for families of children
with disabilities.
``(b) Purpose.--With respect to States receiving assistance
under this part, the technical assistance and information
described under subsection (a) shall be provided to the State
agency designated as the lead entity, the Council, family
members of children with disabilities, organizations, service
providers, and policymakers involved with children with
disabilities and their families. Such technical assistance
shall also be available to States that do not receive
assistance under this part. Such technical assistance and
information shall--
``(1) facilitate effective systems change activities;
``(2) promote effective approaches to the development and
implementation, or expansion and enhancement of, the
statewide systems of family support for families of children
with disabilities that increase access to, funding for, and
awareness of family support for families of children with
disabilities;
``(3) promote partnerships with families at all levels of
the service system;
``(4) foster awareness and understanding of Federal, State,
and local laws, regulations, policies, practices, procedures,
and organizational structures, that facilitate, and overcome
barriers to, funding for, and access to family support for
families of children with disabilities;
``(5) foster the development and replication of effective
approaches to strategic plan development, interagency
coordination, training, outreach to underserved groups, and
public awareness activities;
``(6) facilitate service delivery capacity, training, and
the improvement of data collection and evaluation systems;
``(7) promote effective approaches to the development of
family-centered and family-directed services, including
approaches to the development and measurement of family-
centered outcomes described in section 709(b)(2), and the
assessment of family satisfaction; and
``(8) coordinate and facilitate an annual meeting of the
chairpersons of the Councils.
``(c) Request for Technical Assistance.--A request for
technical assistance by a lead entity in a State receiving
assistance under this part shall be made in conjunction with
the Council.
``(d) Reports to the Secretary.--An entity providing the
technical assistance under this section shall submit periodic
reports to the Secretary regarding Federal policies and
procedures identified within the States that facilitate or
impede the delivery of family support to families of children
with disabilities. The report shall include recommendations
to the Secretary regarding the delivery of services,
coordination with other programs, and integration of the
policies and principles described in section 702 in other
Federal legislation.
``SEC. 713. EVALUATION.
``(a) In General.--The Secretary shall make grants, or
enter into contracts or cooperative agreements, with
appropriate public or private agencies and organizations,
including institutions of higher education, with documented
experience, expertise, and capacity for the purpose of
conducting a national evaluation of the program of grants to
States authorized by this part.
``(b) Purpose.--The purpose of an evaluation under
subsection (a) shall be to assess the status and effects of
State efforts to develop and implement, or expand and
enhance, statewide systems of family support for families of
children with disabilities in a manner consistent with the
provisions of this part, particularly in terms of the impact
of such efforts on families of children with disabilities,
and to recommend amendments to this part that are necessary
to assist States to fully accomplish the purposes of this
part. The Secretary or recipient of assistance under this
section shall work with the States to consider and develop an
information system designed to report and compile, from
information provided by the States, including the Council, a
qualitative and quantitative description of the impact of the
program of grants to States authorized by this part on--
``(1) families of children with disabilities, including
families from ethnic and racial minority backgrounds;
``(2) access to and funding for family support for families
of children with disabilities; and
``(3) the involvement of families at all levels of the
service system.
``(c) Report to Congress.--Not later than 2\1/2\ years
after the date of enactment of this part, the Secretary shall
prepare and submit to the appropriate committees of Congress
a report concerning the results of the evaluation conducted
under this section.
``(d) Conflict of Interest.--The Secretary shall assure
that a recipient of a grant, contract, or cooperative
agreement under this section is independent from, and free
from, any financial or personal relationships with the
recipient of a grant, contract, or cooperative agreement
selected to provide technical assistance under section 712.
``SEC. 714. PROJECTS OF NATIONAL SIGNIFICANCE.
``(a) Study by the Secretary.--The Secretary shall review
Federal programs to determine the extent to which such
programs facilitate or impede access to, provision of, and
funding for family support for families of children with
disabilities, consistent with the policies described in
section 702.
``(b) Demonstration and Innovation Projects.--The Secretary
shall make grants or enter into contracts for projects of
national significance to support the development of national
and State policies and practices related to the development
and implementation, or expansion and enhancement, of family-
centered and family-directed systems of family support for
families of children with disabilities.
``SEC. 715. CONSTRUCTION.
``Notwithstanding any other provision of this title,
nothing in parts A through H of this title shall be construed
to apply to this part.
``SEC. 716. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated
to carry out this part, $10,000,000 for fiscal year 1995, and
such sums as may be necessary for each of the fiscal years
1996 and 1997.
``(b) Reservation.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary shall reserve for each fiscal year 10 percent, or
$600,000 (whichever is greater), of the amount appropriated
pursuant to the authority of subsection (a) to carry out--
``(A) section 712, with respect to the provision of
technical assistance and information to States;
``(B) section 713, with respect to the conduct of the
evaluations;
``(C) section 711(a), with respect to the evaluation of
grant applications; and
``(D) section 714, with respect to the conduct of projects
of national significance.
``(2) Special rule.--The Secretary shall only use funds
reserved under paragraph (1) for a fiscal year to carry out
section 714 for such year if the amount of funds reserved
under such paragraph for such fiscal year is $700,000 or
greater.''.
PART B--EDUCATION FOR HOMELESS CHILDREN AND YOUTH
SEC. 321. AMENDMENTS TO TABLE OF CONTENTS.
The table of contents in section 101(b) of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C. 11301 note) is
amended by striking subtitles A and B of title VII and
inserting the following:
``Subtitle A--Adult Education for the Homeless
``Sec. 701. State literacy initiatives.
``Subtitle B--Education for Homeless Children and Youth
``Sec. 721. Statement of policy.
``Sec. 722. Grants for State and local activities for the education of
homeless children and youth.
``Sec. 723. Local educational agency grants for the education of
homeless children and youth.
``Sec. 724. Secretarial responsibilities.
``Sec. 725. Definitions.
``Sec. 726. Authorization of appropriations.''.
SEC. 322. ADULT EDUCATION FOR THE HOMELESS.
Subtitle A of title VII of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11421 et seq.) is amended to read
as follows:
``Subtitle A--Adult Education for the Homeless
``SEC. 701. STATE LITERACY INITIATIVES.
``(a) General Authority.--
``(1) Grants.--The Secretary of Education is authorized to
make grants to State educational agencies to enable each such
agency to implement, either directly or through contracts and
grants, a program of literacy training and academic
remediation for adult homeless individuals within the State,
which program shall--
``(A) include outreach activities; and
``(B) be coordinated with other agencies or organizations,
such as community-based organizations, nonprofit literacy-
action organizations, and recipients of funds under the Adult
Education Act, title II of the Job Training Partnership Act,
the Youth Fair Chance program under part H of title IV of the
Job Training Partnership Act, the Volunteers in Service to
America program under part A of title I of the Domestic
Volunteer Service Act of 1973, part C of this title, or the
Job Opportunity and Basic Skills program under part F of
title IV of the Social Security Act.
``(2) Estimates and amounts.--The Secretary of Education,
in awarding grants under this section, shall give special
consideration to the estimates submitted in the application
submitted under subsection (b) and make such awards in
whatever amounts such Secretary determines will best serve
the purposes of this section.
``(b) Application.--Each State educational agency desiring
to receive a grant under this section shall submit to the
Secretary of Education an application at such time, in such
manner, and containing such information as the Secretary may
reasonably require. Each such application shall include an
estimate of the number of homeless individuals in the State
and the number of such individuals expected to be served.
``(c) Authorization of Appropriations.--For the purpose of
carrying out the adult literacy training and academic
remediation programs authorized by this section, there are
authorized to be appropriated such sums as may be necessary
for each of the fiscal years 1995 through 1999.
``(d) Definition.--As used in this section, the term
`State' means each of the 50 States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Commonwealth of the
[[Page 2215]]
Northern Mariana Islands, and Palau (until the effective date
of the Compact of Free Association with the Government of
Palau).''.
SEC. 323. EDUCATION FOR HOMELESS CHILDREN AND YOUTH.
Subtitle B of title VII of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11431 et seq.) is amended to read
as follows:
``Subtitle B--Education for Homeless Children and Youth
``SEC. 721. STATEMENT OF POLICY.
``It is the policy of the Congress that--
``(1) each State educational agency shall ensure that each
child of a homeless individual and each homeless youth has
equal access to the same free, appropriate public education,
including a public preschool education, as provided to other
children and youth;
``(2) in any State that has a compulsory residency
requirement as a component of the State's compulsory school
attendance laws or other laws, regulations, practices, or
policies that may act as a barrier to the enrollment,
attendance, or success in school of homeless children and
youth, the State will review and undertake steps to revise
such laws, regulations, practices, or policies to ensure that
homeless children and youth are afforded the same free,
appropriate public education as provided to other children
and youth;
``(3) homelessness alone should not be sufficient reason to
separate students from the mainstream school environment; and
``(4) homeless children and youth should have access to the
education and other services that such children and youth
need to ensure that such children and youth have an
opportunity to meet the same challenging State student
performance standards to which all students are held.
``SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE
EDUCATION OF HOMELESS CHILDREN AND YOUTH.
``(a) General Authority.--The Secretary is authorized to
make grants to States in accordance with the provisions of
this section to enable such States to carry out the
activities described in subsections (d), (e), (f), and (g).
``(b) Application.--No State may receive a grant under this
section unless the State educational agency submits an
application to the Secretary at such time, in such manner,
and containing or accompanied by such information as the
Secretary may reasonably require.
``(c) Allocation and Reservations.--
``(1) In general.--Subject to paragraph (2) and section
724(c), from the amounts appropriated for each fiscal year
under section 726, the Secretary is authorized to allot to
each State an amount that bears the same ratio to the amount
appropriated for such year under section 726 as the amount
allocated under section 1122 of the Elementary and Secondary
Education Act of 1965 to the State for that year bears to the
total amount allocated under section 1122 to all States for
that year, except that no State shall receive less than
$100,000.
``(2) Reservation.--(A) The Secretary is authorized to
reserve 0.1 percent of the amount appropriated for each
fiscal year under section 726 to be allocated by the
Secretary among the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and Palau
(until the effective date of the Compact of Free Association
with the Government of Palau), according to their respective
need for assistance under this subtitle, as determined by the
Secretary.
``(B)(i) The Secretary is authorized to transfer one
percent of the amount appropriated for each fiscal year under
section 726 to the Department of the Interior for programs
for Indian students served by schools funded by the Secretary
of the Interior, as determined under the Indian Self-
Determination and Education Assistance Act, that are
consistent with the purposes of this Act.
``(ii) The Secretary and the Secretary of the Interior
shall enter into an agreement, consistent with the
requirements of this part, for the distribution and use of
the funds described in clause (i) under terms that the
Secretary determines best meet the purposes of the programs
described in such clause. Such agreement shall set forth the
plans of the Secretary of the Interior for the use of the
amounts transferred, including appropriate goals, objectives,
and milestones.
``(3) Definition.--As used in this subsection, the term
`State' shall not include the Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands, or
Palau.
``(d) Activities.--Grants under this section shall be
used--
``(1) to carry out the policies set forth in section 721 in
the State;
``(2) to provide activities for, and services to, homeless
children, including preschool-aged children, and homeless
youth that enable such children and youth to enroll in,
attend, and succeed in school, or, if appropriate, in
preschool programs;
``(3) to establish or designate an Office of Coordinator of
Education of Homeless Children and Youth in the State
educational agency in accordance with subsection (f);
``(4) to prepare and carry out the State plan described in
subsection (g); and
``(5) to develop and implement professional development
programs for school personnel to heighten their awareness of,
and capacity to respond to, specific problems in the
education of homeless children and youth.
``(e) State and Local Grants.--
``(1) In general.--(A) Subject to subparagraph (B), if the
amount allotted to the State educational agency for any
fiscal year under this subtitle exceeds the amount such
agency received for fiscal year 1990 under this subtitle,
such agency shall provide grants to local educational
agencies for purposes of section 723.
``(B) The State educational agency may reserve not more
than the greater of 5 percent of the amount such agency
receives under this subtitle for any fiscal year, or the
amount such agency received under this subtitle for fiscal
year 1990, to conduct activities under subsection (f)
directly or through grants or contracts.
``(2) Special rule.--If the amount allotted to a State
educational agency for any fiscal year under this subtitle is
less than the amount such agency received for fiscal year
1990 under this subtitle, such agency, at such agency's
discretion, may provide grants to local educational agencies
in accordance with section 723 or may conduct activities
under subsection (f) directly or through grants or contracts.
``(f) Functions of the Office of Coordinator.--The
Coordinator of Education of Homeless Children and Youth
established in each State shall--
``(1) estimate the number of homeless children and youth in
the State and the number of such children and youth served
with assistance provided under the grants or contracts under
this subtitle;
``(2) gather, to the extent possible, reliable, valid, and
comprehensive information on the nature and extent of the
problems homeless children and youth have in gaining access
to public preschool programs and to public elementary and
secondary schools, the difficulties in identifying the
special needs of such children and youth, any progress made
by the State educational agency and local educational
agencies in the State in addressing such problems and
difficulties, and the success of the program under this
subtitle in allowing homeless children and youth to enroll
in, attend, and succeed in, school;
``(3) develop and carry out the State plan described in
subsection (g);
``(4) prepare and submit to the Secretary not later than
October 1, 1997, and on October 1 of every third year
thereafter, a report on the information gathered pursuant to
paragraphs (1) and (2) and such additional information as the
Secretary may require to carry out the Secretary's
responsibilities under this subtitle;
``(5) facilitate coordination between the State educational
agency, the State social services agency, and other agencies
providing services to homeless children and youth, including
homeless children and youth who are preschool age, and
families of such children and youth; and
``(6) develop relationships and coordinate with other
relevant education, child development, or preschool programs
and providers of services to homeless children, homeless
families, and runaway and homeless youth (including domestic
violence agencies, shelter operators, transitional housing
facilities, runaway and homeless youth centers, and
transitional living programs for homeless youth), to improve
the provision of comprehensive services to homeless children
and youth and their families.
``(g) State Plan.--
``(1) In general.--Each State shall submit to the Secretary
a plan to provide for the education of homeless children and
youth within the State, which plan shall describe how such
children and youth are or will be given the opportunity to
meet the same challenging State student performance standards
all students are expected to meet, shall describe the
procedures the State educational agency will use to identify
such children and youth in the State and to assess their
special needs, and shall--
``(A) describe procedures for the prompt resolution of
disputes regarding the educational placement of homeless
children and youth;
``(B) describe programs for school personnel (including
principals, attendance officers, teachers and enrollment
personnel), to heighten the awareness of such personnel of
the specific needs of runaway and homeless youth;
``(C) describe procedures that ensure that homeless
children and youth who meet the relevant eligibility criteria
are able to participate in Federal, State, or local food
programs;
``(D) describe procedures that ensure that--
``(i) homeless children have equal access to the same
public preschool programs, administered by the State agency,
as provided to other children; and
``(ii) homeless children and youth who meet the relevant
eligibility criteria are able to participate in Federal,
State, or local before- and after-school care programs;
``(E) address problems set forth in the report provided to
the Secretary under subsection (f)(4);
``(F) address other problems with respect to the education
of homeless children and youth, including problems caused
by--
``(i) transportation issues; and
``(ii) enrollment delays that are caused by--
``(I) immunization requirements;
``(II) residency requirements;
``(III) lack of birth certificates, school records, or
other documentation; or
``(IV) guardianship issues;
``(G) demonstrate that the State educational agency and
local educational agencies in the State have developed, and
will review and revise, policies to remove barriers to the
enrollment and retention of homeless
[[Page 2216]]
children and youth in schools in the State; and
``(H) contain an assurance that the State educational
agency and local educational agencies in the State will adopt
policies and practices to ensure that homeless children and
youth are not isolated or stigmatized.
``(2) Compliance.--Each plan adopted under this subsection
shall also show how the State will ensure that local
educational agencies in the State will comply with the
requirements of paragraphs (3) through (9).
``(3) Local educational agency requirements.--(A) The local
educational agency of each homeless child and youth to be
assisted under this subtitle shall, according to the child's
or youth's best interest, either--
``(i) continue the child's or youth's education in the
school of origin--
``(I) for the remainder of the academic year; or
``(II) in any case in which a family becomes homeless
between academic years, for the following academic year; or
``(ii) enroll the child or youth in any school that
nonhomeless students who live in the attendance area in which
the child or youth is actually living are eligible to attend.
``(B) In determining the best interests of the child or
youth under subparagraph (A), the local educational agency
shall comply, to the extent feasible, with the request made
by a parent or guardian regarding school selection.
``(C) For purposes of this paragraph, the term `school of
origin' means the school that the child or youth attended
when permanently housed, or the school in which the child or
youth was last enrolled.
``(D) The choice regarding placement shall be made
regardless of whether the child or youth lives with the
homeless parents or has been temporarily placed elsewhere by
the parents.
``(4) Comparable services.--Each homeless child or youth to
be assisted under this subtitle shall be provided services
comparable to services offered to other students in the
school selected according to the provisions of paragraph (3),
including--
``(A) transportation services;
``(B) educational services for which the child or youth
meets the eligibility criteria, such as services provided
under title I of the Elementary and Secondary Education Act
of 1965 or similar State or local programs, educational
programs for children with disabilities, and educational
programs for students with limited-English proficiency;
``(C) programs in vocational education;
``(D) programs for gifted and talented students; and
``(E) school meals programs.
``(5) Records.--Any record ordinarily kept by the school,
including immunization records, academic records, birth
certificates, guardianship records, and evaluations for
special services or programs, of each homeless child or youth
shall be maintained--
``(A) so that the records are available, in a timely
fashion, when a child or youth enters a new school district;
and
``(B) in a manner consistent with section 444 of the
General Education Provisions Act.
``(6) Coordination.--Each local educational agency serving
homeless children and youth that receives assistance under
this subtitle shall coordinate with local social services
agencies and other agencies or programs providing services to
such children or youth and their families, including services
and programs funded under the Runaway and Homeless Youth Act.
``(7) Liaison.--(A) Each local educational agency that
receives assistance under this subtitle shall designate a
homelessness liaison to ensure that--
``(i) homeless children and youth enroll and succeed in the
schools of that agency; and
``(ii) homeless families, children, and youth receive
educational services for which such families, children, and
youth are eligible, including Head Start and Even Start
programs and preschool programs administered by the local
educational agency, and referrals to health care services,
dental services, mental health services, and other
appropriate services.
``(B) State coordinators and local educational agencies
shall inform school personnel, service providers, and
advocates working with homeless families of the duties of the
liaisons.
``(8) Review and revisions.--Each State educational agency
and local educational agency that receives assistance under
this subtitle shall review and revise any policies that may
act as barriers to the enrollment of homeless children and
youth in schools selected in accordance with paragraph (3).
In reviewing and revising such policies, consideration shall
be given to issues concerning transportation, immunization,
residency, birth certificates, school records, and other
documentation, and guardianship. Special attention shall be
given to ensuring the enrollment and attendance of homeless
children and youth who are not currently attending school.
``(9) Coordination.--Where applicable, each State and local
educational agency that receives assistance under this
subtitle shall coordinate with State and local housing
agencies responsible for developing the comprehensive housing
affordability strategy described in section 105 of the
Cranston-Gonzalez National Affordable Housing Act to minimize
educational disruption for children who become homeless.
``SEC. 723. LOCAL EDUCATIONAL AGENCY GRANTS FOR THE EDUCATION
OF HOMELESS CHILDREN AND YOUTH.
``(a) General Authority.--
``(1) In general.--The State educational agency shall, in
accordance with section 722(e) and from amounts made
available to such agency under section 726, make grants to
local educational agencies for the purpose of facilitating
the enrollment, attendance, and success in school of homeless
children and youth.
``(2) Services.--Unless otherwise specified, services under
paragraph (1) may be provided through programs on school
grounds or at other facilities. Where such services are
provided through programs to homeless students on school
grounds, schools may provide services to other children and
youth who are determined by the local educational agency to
be at risk of failing in, or dropping out of, schools, in the
same setting or classroom. To the maximum extent practicable,
such services shall be provided through existing programs and
mechanisms that integrate homeless individuals with
nonhomeless individuals.
``(3) Requirement.--Services provided under this section
shall not replace the regular academic program and shall be
designed to expand upon or improve services provided as part
of the school's regular academic program.
``(b) Application.--A local educational agency that desires
to receive a grant under this section shall submit an
application to the State educational agency at such time, in
such manner, and containing or accompanied by such
information as the State educational agency may reasonably
require according to guidelines issued by the Secretary. Each
such application shall include--
``(1) a description of the services and programs for which
assistance is sought and the problems to be addressed through
the provision of such services and programs;
``(2) an assurance that the local educational agency's
combined fiscal effort per student or the aggregate
expenditures of that agency and the State with respect to the
provision of free public education by such agency for the
fiscal year preceding the fiscal year for which the
determination is made was not less than 90 percent of such
combined fiscal effort or aggregate expenditures for the
second fiscal year preceding the fiscal year for which the
determination is made;
``(3) an assurance that the applicant complies with, or
will use requested funds to come into compliance with,
paragraphs (3) through (9) of section 722(g); and
``(4) a description of policies and procedures that the
agency will implement to ensure that activities carried out
by the agency will not isolate or stigmatize homeless
children and youth.
``(c) Awards.--
``(1) In general.--The State educational agency shall, in
accordance with section 722(g) and from amounts made
available to such agency under section 726, award grants
under this section to local educational agencies submitting
an application under subsection (b) on the basis of the need
of such agencies.
``(2) Need.--In determining need under paragraph (1), the
State educational agency may consider the number of homeless
children and youth enrolled in preschool, elementary, and
secondary schools within the area served by the agency, and
shall consider the needs of such children and youth and the
ability of the agency to meet such needs. Such agency may
also consider--
``(A) the extent to which the proposed use of funds would
facilitate the enrollment, retention, and educational success
of homeless children and youth;
``(B) the extent to which the application reflects
coordination with other local and State agencies that serve
homeless children and youth, as well as the State plan
required by section 722(g);
``(C) the extent to which the applicant exhibits in the
application and in current practice a commitment to education
for all homeless children and youth; and
``(D) such other criteria as the agency determines
appropriate.
``(3) Duration of grants.--Grants awarded under this
section shall be for terms not to exceed three years.
``(d) Authorized Activities.--A local educational agency
may use funds awarded under this section for activities to
carry out the purpose of this subtitle, including--
``(1) the provision of tutoring, supplemental instruction,
and enriched educational services that are linked to the
achievement of the same challenging State content standards
and challenging State student performance standards the State
establishes for other children or youth;
``(2) the provision of expedited evaluations of the
strengths and needs of homeless children and youth, including
needs and eligibility for programs and services (such as
educational programs for gifted and talented students,
children with disabilities, and students with limited-English
proficiency, services provided under title I of the
Elementary and Secondary Education Act of 1965 or similar
State or local programs, programs in vocational education,
and school meals programs);
``(3) professional development and other activities for
educators and pupil services personnel that are designed to
heighten the understanding and sensitivity of such personnel
to the needs of homeless children and youth, the rights of
such children and youth under this Act, and the specific
educational needs of runaway and homeless youth;
[[Page 2217]]
``(4) the provision of referral services to homeless
children and youth for medical, dental, mental, and other
health services;
``(5) the provision of assistance to defray the excess cost
of transportation for students pursuant to section 722(g)(4),
not otherwise provided through Federal, State, or local
funding, where necessary to enable students to attend the
school selected under section 722(g)(3);
``(6) the provision of developmentally appropriate early
childhood education programs, not otherwise provided through
Federal, State, or local funding, for preschool-aged
children;
``(7) the provision of before- and after-school, mentoring,
and summer programs for homeless children and youth in which
a teacher or other qualified individual provides tutoring,
homework assistance, and supervision of educational
activities;
``(8) where necessary, the payment of fees and other costs
associated with tracking, obtaining, and transferring records
necessary to enroll homeless children and youth in school,
including birth certificates, immunization records, academic
records, guardianship records, and evaluations for special
programs or services;
``(9) the provision of education and training to the
parents of homeless children and youth about the rights of,
and resources available to, such children and youth;
``(10) the development of coordination between schools and
agencies providing services to homeless children and youth,
including programs funded under the Runaway and Homeless
Youth Act;
``(11) the provision of pupil services (including violence
prevention counseling) and referrals for such services;
``(12) activities to address the particular needs of
homeless children and youth that may arise from domestic
violence;
``(13) the adaptation of space and purchase of supplies for
nonschool facilities made available under subsection (a)(2)
to provide services under this subsection;
``(14) the provision of school supplies, including those
supplies to be distributed at shelters or temporary housing
facilities, or other appropriate locations; and
``(15) the provision of other extraordinary or emergency
assistance needed to enable homeless children and youth to
attend school.
``SEC. 724. SECRETARIAL RESPONSIBILITIES.
``(a) Review of Plans.--In reviewing the State plans
submitted by the State educational agencies under section
722(g), the Secretary shall use a peer review process and
shall evaluate whether State laws, policies, and practices
described in such plans adequately address the problems of
homeless children and youth relating to access to education
and placement as described in such plans.
``(b) Technical Assistance.--The Secretary shall provide
support and technical assistance to the State educational
agencies to assist such agencies to carry out their
responsibilities under this subtitle.
``(c) Evaluation and Dissemination.--The Secretary shall
conduct evaluation and dissemination activities of programs
designed to meet the educational needs of homeless elementary
and secondary school students, and may use funds appropriated
under section 726 to conduct such activities.
``(d) Submission and Distribution.--The Secretary shall
require applications for grants under this subtitle to be
submitted to the Secretary not later than the expiration of
the 60-day period beginning on the date that funds are
available for purposes of making such grants and shall make
such grants not later than the expiration of the 120-day
period beginning on such date.
``(e) Determination by Secretary.--The Secretary, based on
the information received from the States and information
gathered by the Secretary under subsection (d), shall
determine the extent to which State educational agencies are
ensuring that each homeless child and homeless youth has
access to a free appropriate public education as described in
section 721(1).
``(f) Reports.--The Secretary shall prepare and submit a
report to the Committee on Education and Labor of the House
of Representatives and the Committee on Labor and Human
Resources of the Senate on the programs and activities
authorized by this subtitle by December 31, 1997, and every
third year thereafter.
``SEC. 725. DEFINITIONS.
``For the purpose of this subtitle, unless otherwise
stated--
``(1) the term `Secretary' means the Secretary of
Education; and
``(2) the term `State' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this subtitle, there are
authorized to be appropriated $30,000,000 for fiscal year
1995 and such sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.''.
PART C--REPEAL OF IMPACT AID STATUTES
SEC. 331. REPEAL OF IMPACT AID STATUTES.
(a) Public Law 81-815.--The Act entitled ``An Act relating
to the construction of school facilities in areas affected by
Federal activities, and for other purposes'', approved
September 23, 1950 (64 Stat. 967; 20 U.S.C. 631 et seq.) is
repealed.
(b) Public Law 81-874.--The Act entitled ``An Act to
provide assistance for local educational agencies in areas
affected by Federal activities, and for other purposes'',
approved September 30, 1950 (64 Stat. 1100; 20 U.S.C. 236 et
seq.) is repealed.
PART D--AMENDMENTS TO THE ADULT EDUCATION ACT
SEC. 335. AMENDMENTS TO ADULT EDUCATION ACT.
(a) State Plan.--Paragraph (11) of section 342(c) of the
Adult Education Act (20 U.S.C. 1206a(c)(11)) is amended by
inserting ``Even Start,'' after ``1963,''.
(b) Authorization of Appropriations.--Subsection (n) of
section 384 of the Adult Education Act (20 U.S.C. 1213c(n))
is amended by striking ``and 1995'' and inserting ``1995, and
1996''.
PART E--HIGHER EDUCATION
SEC. 351. HIGHER EDUCATION AMENDMENTS TO THE CARL D. PERKINS
VOCATIONAL AND APPLIED TECHNOLOGY EDUCATION
ACT.
(a) Amendment.--The Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2301 et seq.) is
amended--
(1) in paragraph (2) of section 232(d)--
(A) by inserting ``, notwithstanding section 427(b)(2) of
the Higher Education Amendments of 1992,'' before ``has'';
and
(B) by inserting ``as such section was in effect on July
22, 1992'' before the semicolon; and
(2) in subparagraph (B) of section 404(a)(4)(B)--
(A) by inserting ``, notwithstanding section 427(b)(2) of
the Higher Education Amendments of 1992,'' before ``has'';
and
(B) by inserting ``as such section was in effect on July
22, 1992'' before the period.
(b) Effective Date.--Subsection (a) and the amendments made
by subsection (a) shall take effect on the date of enactment
of this Act, except that a State that, prior to such date,
distributed funds under section 232 of the Carl D. Perkins
Vocational and Applied Technology Education Act from funds
appropriated for fiscal year 1994 for such program to
proprietary institutions of higher education, as such term is
defined in section 481(b) of the Higher Education Act of
1965, may continue to distribute such funds to such
institutions until July 1, 1995.
SEC. 352. TECHNICAL AMENDMENT TO THE SECOND MORRILL ACT.
Section 5 of the Act of August 30, 1890 (26 Stat. 417,
chapter 841; 7 U.S.C. 326a) (commonly known as the ``Second
Morrill Act'') is amended by striking ``and the Trust
Territory of the Pacific Islands or its successor
governments'' and inserting ``the Federated States of
Micronesia, the Republic of the Marshall Islands, and the
Republic of Palau''.
SEC. 353. DEFINITIONS FOR PART A OF TITLE III.
Paragraph (1) of section 312(b) of the Higher Education Act
of 1965 (20 U.S.C. 1058(b)(1)) is amended--
(1) by amending subparagraph (C) to read as follows:
``(C) which is--
``(i) legally authorized to provide, and provides within
the State, an educational program for which such institution
awards a bachelor's degree;
``(ii) a junior or community college; or
``(iii) the College of the Marshall Islands, the College of
Micronesia/Federated States of Micronesia, and Palau
Community College;''.
(2) in subparagraph (D), by striking ``and'' after the
semicolon; and
(3) by adding after subparagraph (E) the following new
subparagraph:
``(F) located in a State; and''.
SEC. 353A. PART D HEADING.
The heading for part D of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1087a et seq.) is amended to read as
follows:
``PART D--WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM''.
SEC. 354. AUTHORIZATION OF APPROPRIATIONS FOR THE NATIONAL
EARLY INTERVENTION SCHOLARSHIP AND PARTNERSHIP
PROGRAM.
Section 404G of the Higher Education Act of 1965 (20 U.S.C.
1070a-27) is amended by striking the second sentence thereof.
SEC. 355. LENDER-OF-LAST-RESORT PROGRAMS.
(a) Amendment.--Paragraph (1) of section 428(c) of the
Higher Education Act of 1965 (20 U.S.C. 1078(c)(1)) is
amended by adding at the end the following new subparagraph:
``(G) Notwithstanding any other provision of this section,
the Secretary shall exclude a loan made pursuant to a lender-
of-last-resort program when making reimbursement payment
calculations under subparagraphs (B) and (C).''.
(b) Effective Date.--Subsection (a) and the amendment made
by subsection (a) shall take effect on August 10, 1993.
SEC. 356. FEDERAL CONSOLIDATION LOANS.
Paragraph (4) of section 428C(a) of the Higher Education
Act of 1965 (20 U.S.C. 1078-3(a)(4)) is amended--
(1) in subparagraph (B), by striking ``or'' after the
semicolon;
(2) in subparagraph (C), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) made under subpart II of part B of title VIII of the
Public Health Service Act.''.
SEC. 357. DEFINITION OF ECONOMIC HARDSHIP.
Paragraph (1) of section 435(o) of the Higher Education Act
of 1965 (20 U.S.C. 1085(o)(1)) is amended--
(1) in clause (ii) of subparagraph (A), by striking ``or''
after the semicolon;
(2) by redesignating subparagraph (B) as subparagraph (C);
(3) by inserting after subparagraph (A) the following new
subparagraph:
[[Page 2218]]
``(B) such borrower is working full-time and has a Federal
educational debt burden that equals or exceeds 20 percent of
such borrower's adjusted gross income, and the difference
between such borrower's adjusted gross income minus such
burden is less than 220 percent of the greater of--
``(i) the annual earnings of an individual earning the
minimum wage under section 6 of the Fair Labor Standards Act
of 1938; or
``(ii) the income official poverty line (as defined by the
Office of Management and Budget, and revised annually in
accordance with section 673(2) of the Community Services
Block Grant Act) applicable to a family of two; or''; and
(4) in paragraph (2), by striking ``(1)(B)'' and inserting
``(1)(C)''.
SEC. 358. FACILITIES AUTHORITY OF THE STUDENT LOAN MARKETING
ASSOCIATION.
Section 439 of the Higher Education Act of 1965 (20 U.S.C.
1087-2) is amended--
(1) in subparagraph (C) of subsection (d)(1)--
(A) in the matter preceding clause (i), by inserting
``(including related equipment, instrumentation, and
furnishings)'' after ``materials'';
(B) in clause (ii), by striking the semicolon and inserting
``, dining halls, student unions, and facilities specifically
designed to promote fitness and health for students, faculty,
and staff or for physical education courses; and'';
(C) in clause (iii), by striking ``and'' after the
semicolon;
(D) in the matter following clause (iv)--
(i) by striking ``15 percent'' and inserting ``30
percent''; and
(ii) by striking ``type'' and inserting ``types''; and
(E) by striking clause (iv); and
(2) in subsection (n), by striking ``a report of its
operations and activities during each year'' and inserting
``a report of the Association's operations and activities,
including a report with respect to all facilities
transactions, during each year''.
SEC. 358A. PROGRAM AUTHORITY.
Section 451 of the Higher Education Act of 1965 (20 U.S.C.
2087a) is amended--
(1) by inserting ``(a) In General.--'' before ``There'';
and
(2) by adding at the end the following new subsection:
``(b) Designation.--
``(1) Program.--The program established under this part
shall be referred to as the `William D. Ford Federal Direct
Loan Program'.
``(2) Direct loans.--Notwithstanding any other provision of
this part, loans made to borrowers under this part that,
except as otherwise specified in this part, have the same
terms, conditions, and benefits as loans made to borrowers
under section 428, shall be known as `Federal Direct
Stafford/Ford Loans'.''.
SEC. 359. DEFERMENT ELIGIBILITY.
Subsection (f) of section 455 of the Higher Education Act
of 1965 (20 U.S.C. 1087e(f)) is amended by adding at the end
the following new paragraphs:
``(3) Definition of borrower.--For the purpose of this
subsection, the term ``borrower'' means an individual who is
a new borrower on the date such individual applies for a loan
under this part for which the first disbursement is made on
or after July 1, 1993.
``(4) Deferments for previous part b loan borrowers.--A
borrower of a loan made under this part, who at the time such
individual applies for such loan, has an outstanding balance
of principal or interest owing on any loan made, insured, or
guaranteed under part B of title IV prior to July 1, 1993,
shall be eligible for a deferment under section 427(a)(2)(C)
or section 428(b)(1)(M) as such sections were in effect on
July 22, 1992.''.
SEC. 360. CLOCK AND CREDIT HOUR TREATMENT OF DIPLOMA NURSING
SCHOOLS.
(a) Amendment.--Part G of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1088 et seq.) is amended by inserting
after section 481 the following new section:
``SEC. 481A. CLOCK AND CREDIT HOUR TREATMENT OF DIPLOMA
NURSING SCHOOLS.
``Notwithstanding any other provision of this Act, any
regulations promulgated by the Secretary concerning the
relationship between clock hours and semester, trimester, or
quarter hours in calculating student grant, loan, or work
assistance under this title, shall not apply to a public or
private nonprofit hospital-based school of nursing that
awards a diploma at the completion of the school's program of
education.''.
(b) Effective Date.--Subsection (a) and the amendment made
by subsection (a) shall take effect on July 1, 1994.
SEC. 360A. ELIGIBILITY FOR STUDENTS FROM PALAU.
Subsection (j) of section 484 of the Higher Education Act
of 1965 (20 U.S.C. 1091(j)) is amended to read as follows:
``(j) Assistance Under Subparts 1, 3, and 6, and chapter 1
of subpart 2, of Part A, and Part C.--Notwithstanding any
other provision of law, a student shall be eligible, if
otherwise qualified, for assistance under subparts 1, 3, and
6, and chapter 1 of subpart 2, of part A, and part C, of this
title, if the student is otherwise qualified and--
``(1) is a citizen of the Federated States of Micronesia,
the Republic of the Marshall Islands, or the Republic of
Palau, and attends an institution of higher education in a
State or a public or nonprofit private institution of higher
education in the Federated States of Micronesia, the Republic
of the Marshall Islands, or the Republic of Palau; or
``(2) meets the requirements of subsection (a)(5) and
attends a public or nonprofit private institution of higher
education in the Federated States of Micronesia, the Republic
of the Marshall Islands, or the Republic of Palau.''.
SEC. 360B. DISCLOSURE OF ATHLETIC PROGRAM PARTICIPATION RATES
AND FINANCIAL SUPPORT DATA.
(a) Short Title.--This section may be cited as the ``Equity
in Athletics Disclosure Act''.
(b) Findings.--The Congress finds that--
(1) participation in athletic pursuits plays an important
role in teaching young Americans how to work on teams, handle
challenges and overcome obstacles;
(2) participation in athletic pursuits plays an important
role in keeping the minds and bodies of young Americans
healthy and physically fit;
(3) there is increasing concern among citizens, educators,
and public officials regarding the athletic opportunities for
young men and women at institutions of higher education;
(4) a recent study by the National Collegiate Athletic
Association found that in Division I-A institutions, only 20
percent of the average athletic department operations budget
of $1,310,000 is spent on women's athletics; 15 percent of
the average recruiting budget of $318,402 is spent on
recruiting female athletes; the average scholarship expenses
for men is $1,300,000 and $505,246 for women; and an average
of 143 grants are awarded to male athletes and 59 to women
athletes;
(5) female college athletes receive less than 18 percent of
the athletics recruiting dollar and less than 24 percent of
the athletics operating dollar;
(6) male college athletes receive approximately
$179,000,000 more per year in athletic scholarship grants
than female college athletes;
(7) prospective students and prospective student athletes
should be aware of the commitments of an institution to
providing equitable athletic opportunities for its men and
women students; and
(8) knowledge of an institution's expenditures for women's
and men's athletic programs would help prospective students
and prospective student athletes make informed judgments
about the commitments of a given institution of higher
education to providing equitable athletic benefits to its men
and women students.
(c) Disclosure of Athletic Program.--Section 485 of the
Higher Education Act of 1965 (20 U.S.C. 1092) is amended by
adding at the end the following new subsection:
``(g) Data Required.--
``(1) In general.--Each coeducational institution of higher
education that participates in any program under this title,
and has an intercollegiate athletic program, shall annually,
for the immediately preceding academic year, prepare a report
that contains the following information regarding
intercollegiate athletics:
``(A) The number of male and female full-time
undergraduates that attended the institution.
``(B) A listing of the varsity teams that competed in
intercollegiate athletic competition and for each such team
the following data:
``(i) The total number of participants, by team, as of the
day of the first scheduled contest for the team.
``(ii) Total operating expenses attributable to such teams,
except that an institution may also report such expenses on a
per capita basis for each team and expenditures attributable
to closely related teams such as track and field or swimming
and diving, may be reported together, although such
combinations shall be reported separately for men's and
women's teams.
``(iii) Whether the head coach is male or female and
whether the head coach is assigned to that team on a full-
time or part-time basis. Graduate assistants and volunteers
who serve as head coaches shall be considered to be head
coaches for the purposes of this clause.
``(iv) The number of assistant coaches who are male and the
number of assistant coaches who are female for each team and
whether a particular coach is assigned to that team on a
full-time or part-time basis. Graduate assistants and
volunteers who serve as assistant coaches shall be considered
to be assistant coaches for the purposes of this clause.
``(C) The total amount of money spent on athletically
related student aid, including the value of waivers of
educational expenses, separately for men's and women's teams
overall.
``(D) The ratio of athletically related student aid awarded
male athletes to athletically related student aid awarded
female athletes.
``(E) The total amount of expenditures on recruiting,
separately for men's and women's teams overall.
``(F) The total annual revenues generated across all men's
teams and across all women's teams, except that an
institution may also report such revenues by individual team.
``(G) The average annual institutional salary of the head
coaches of men's teams, across all offered sports, and the
average annual institutional salary of the head coaches of
women's teams, across all offered sports.
``(H) The average annual institutional salary of the
assistant coaches of men's teams,
[[Page 2219]]
across all offered sports, and the average annual
institutional salary of the assistant coaches of women's
teams, across all offered sports.
``(2) Special rule.--For the purposes of subparagraph (G),
if a coach has responsibilities for more than one team and
the institution does not allocate such coach's salary by
team, the institution should divide the salary by the number
of teams for which the coach has responsibility and allocate
the salary among the teams on a basis consistent with the
coach's responsibilities for the different teams.
``(3) Disclosure of information to students and public.--An
institution of higher education described in paragraph (1)
shall make available to students and potential students, upon
request, and to the public, the information contained in the
report described in paragraph (1), except that all students
shall be informed of their right to request such information.
``(4) Definition.--For the purposes of this subsection, the
term `operating expenses' means expenditures on lodging and
meals, transportation, officials, uniforms and equipment.
``(5) Regulations and effective date.--The Secretary shall
issue final regulations to implement the requirements of this
subsection not later than 180 days following the enactment of
this subsection. Each institution described in paragraph (1)
shall make available its first report pursuant to this
section not later than October 1, 1996.''.
SEC. 360C. FEDERAL INSURANCE FOR BONDS.
Subsection (b) of section 723 of the Higher Education Act
of 1965 (20 U.S.C. 1132c-2(b)) is amended--
(1) in paragraph (8)--
(A) in subparagraph (A), by inserting ``, with each
eligible institution required to maintain in the escrow
account an amount equal to 10 percent of the outstanding
principal of all loans made to such institution under this
part'' before the semicolon; and
(B) by amending clause (ii) of subparagraph (B) to read as
follows:
``(ii) shall be used to return to an eligible institution
an amount equal to any remaining portion of such
institution's 10 percent deposit of loan proceeds following
scheduled repayment of such institution's loan;''; and
(2) in paragraph (11), by striking ``regulations'' and
inserting ``conditions''.
SEC. 360D. GRANTS TO STATES FOR WORKPLACE AND COMMUNITY
TRANSITION TRAINING FOR INCARCERATED YOUTH
OFFENDERS.
Title X of the Higher Education Act of 1965 (20 U.S.C. 1135
et seq.) is amended by adding at the end the following new
part:
``PART E--GRANTS TO STATES FOR WORKPLACE AND COMMUNITY TRANSITION
TRAINING FOR INCARCERATED YOUTH OFFENDERS
``SEC. 1091. GRANTS TO STATES FOR WORKPLACE AND COMMUNITY
TRANSITION TRAINING FOR INCARCERATED YOUTH
OFFENDERS.
``(a) Findings.--The Congress finds the following:
``(1) Over 150,000 youth offenders age 21 and younger are
incarcerated in the Nation's jails, juvenile facilities, and
prisons.
``(2) Most youth offenders who are incarcerated have been
sentenced as first-time adult felons.
``(3) Approximately 75 percent of youth offenders are high
school dropouts who lack basic literacy and life skills, have
little or no job experience, and lack marketable skills.
``(4) The average incarcerated youth has attended school
only through grade 10.
``(5) Most of these youths can be diverted from a life of
crime into productive citizenship with available educational,
vocational, work skills, and related service programs.
``(6) If not involved with educational programs while
incarcerated, almost all of these youths will return to a
life of crime upon release.
``(7) The average length of sentence for a youth offender
is about 3 years. Time spent in prison provides a unique
opportunity for education and training.
``(8) Even with quality education and training provided
during incarceration, a period of intense supervision,
support, and counseling is needed upon release to ensure
effective reintegration of youth offenders into society.
``(9) Research consistently shows that the vast majority of
incarcerated youths will not return to the public schools to
complete their education.
``(10) There is a need for alternative educational
opportunities during incarceration and after release.
``(b) Definition.--For purposes of this part, the term
`youth offender' means a male or female offender under the
age of 25, who is incarcerated in a State prison, including a
prerelease facility.
``(c) Grant Program.--The Secretary shall establish a
program in accordance with this section to provide grants to
the State correctional education agencies to assist and
encourage incarcerated youths to acquire functional literacy,
life, and job skills, through the pursuit of a postsecondary
education certificate, or an associate of arts or bachelor's
degree while in prison, and employment counseling and other
related services which start during incarceration and
continue through prerelease and while on parole.
``(d) Application.--To be eligible for a grant under this
section, a State correctional education agency shall submit
to the Secretary a proposal for a youth offender program
that--
``(1) identifies the scope of the problem, including the
number of incarcerated youths in need of postsecondary
education and vocational training;
``(2) lists the accredited public or private educational
institution or institutions that will provide postsecondary
educational services;
``(3) lists the cooperating agencies, public and private,
or businesses that will provide related services, such as
counseling in the areas of career development, substance
abuse, health, and parenting skills;
``(4) describes the evaluation methods and performance
measures that the State correctional education agency will
employ, provided that such methods and measures are
appropriate to meet the goals and objectives of the proposal,
and that such methods and measures include measures of--
``(A) program completion;
``(B) student academic and vocational skill attainment;
``(C) success in job placement and retention; and
``(D) recidivism;
``(5) describes how the proposed programs are to be
integrated with existing State correctional education
programs (such as adult education, graduate education degree
programs, and vocational training) and State industry
programs;
``(6) addresses the educational needs of youth offenders
who are in alternative programs (such as boot camps); and
``(7) describes how students will be selected so that only
youth offenders eligible under subsection (f) will be
enrolled in postsecondary programs.
``(e) Program Requirements.--Each State correctional
education agency receiving a grant under this section shall--
``(1) integrate activities carried out under the grant with
the objectives and activities of the school-to-work programs
of such State, including--
``(A) work experience or apprenticeship programs;
``(B) transitional worksite job training for vocational
education students that is related to the occupational goals
of such students and closely linked to classroom and
laboratory instruction;
``(C) placement services in occupations that the students
are preparing to enter;
``(D) employment-based learning programs; and
``(E) programs that address State and local labor
shortages;
``(2) annually report to the Secretary and the Attorney
General on the results of the evaluations conducted using the
methods and performance measures contained in the proposal;
and
``(3) provide to each State for each student eligible under
subsection (f) not more than $1,500 annually for tuition,
books, and essential materials, and not more than $300
annually for related services such as career development,
substance abuse counseling, parenting skills training, and
health education, for each eligible incarcerated youth.
``(f) Student Eligibility.--A youth offender shall be
eligible for participation in a program receiving a grant
under this section if the youth offender--
``(1) is eligible to be released within five years
(including a youth offender who is eligible for parole within
such time); and
``(2) is 25 years of age or younger.
``(g) Length of Participation.--A State correctional
education agency receiving a grant under this section shall
provide educational and related services to each
participating youth offender for a period not to exceed 5
years, 1 year of which may be devoted to study in a graduate
education degree program or to remedial education services
for students who have obtained a secondary school diploma.
Educational and related services shall start during the
period of incarceration in prison or prerelease and may
continue during the period of parole.
``(h) Education Delivery Systems.--State correctional
education agencies and cooperating institutions shall, to the
extent practicable, use high-tech applications in developing
programs to meet the requirements and goals of this section.
``(i) Allocation of Funds.--From the amounts appropriated
pursuant to subsection (j), the Secretary shall allot to each
State an amount that bears the same relationship to such
funds as the total number of students eligible under
subsection (f) in such State bears to the total number of
such students in all States.
``(j) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$5,000,000 for fiscal year 1995 and such sums as may be
necessary for fiscal year 1996 and each of the four
succeeding fiscal years.''.
PART F--OTHER ACTS
SEC. 361. GOALS 2000: EDUCATE AMERICA ACT.
(a) Repeals.--Sections 231, 232, 234, and 235 of the Goals
2000: Educate America Act (20 U.S.C. 5861, 5862, 5863, and
5864) are repealed.
(b) Gift Authority.--
(1) National education goals panel.--Section 204 of the
Goals 2000: Educate America Act (20 U.S.C. 5824) is amended
by adding at the end the following new subsection:
``(f) Gifts.--The Goals Panel may accept, administer, and
utilize gifts or donations of services, money, or property,
whether real or personal, tangible or intangible.''.
(2) National education standards and improvement council.--
Section 215 of the Goals 2000: Educate America Act (20 U.S.C.
5845) is amended by adding at the end the following new
subsection:
[[Page 2220]]
``(f) Gifts.--The Council may accept, administer, and
utilize gifts or donations of services, money, or property,
whether real or personal, tangible or intangible.''.
(c) Local Agency Plan Approval.--Paragraph 4 of section
309(a) of the Goals 2000: Educate America Act (20 U.S.C.
5889) is amended by inserting ``made by the local educational
agency'' after ``modifications''.
(d) State Planning for Improving Student Achievement
Through Integration of Technology Into the Curriculum.--
Subsection (b) of section 317 of the Goals 2000: Educate
America Act (20 U.S.C. 5897(b)) is amended by adding at the
end the following new paragraph:
``(3) Outlying areas.--(A) From the amount appropriated
pursuant to the authority of subsection (f) for fiscal year
1995, the Secretary shall reserve a total of 1 percent to
provide assistance under this section--
``(i) to the outlying areas; and
``(ii) for the Secretary of the Interior to conduct
directly or through a contract, systemic technology planning
for Bureau-funded schools.
``(B) The funds reserved under subparagraph (A) shall be
distributed among the outlying areas and the Secretary of the
Interior by the Secretary according to the relative need of
such areas and schools for assistance under this section.''.
SEC. 362. EDUCATION COUNCIL ACT OF 1991.
Title II of the Education Council Act of 1991 (20 U.S.C.
1221-1 note) is repealed.
SEC. 363. AUGUSTUS F. HAWKINS-ROBERT T. STAFFORD ELEMENTARY
AND SECONDARY SCHOOL IMPROVEMENT AMENDMENTS OF
1988.
Title IV of the Augustus F. Hawkins-Robert T. Stafford
Elementary and Secondary School Improvement Amendments of
1988 (20 U.S.C. 4901 et seq.) is repealed.
SEC. 364. STAR SCHOOLS PROGRAM ASSISTANCE ACT.
The Star Schools Program Assistance Act (20 U.S.C. 4081 et
seq.) is repealed.
SEC. 365. FUND FOR THE IMPROVEMENT AND REFORM OF SCHOOLS AND
TEACHING ACT.
The Fund for the Improvement and Reform of Schools and
Teaching Act (20 U.S.C. 4801) is repealed.
SEC. 366. TECHNOLOGY-RELATED ASSISTANCE FOR INDIVIDUALS WITH
DISABILITIES ACT OF 1988.
(a) In General.--Part E of title II of the Technology-
Related Assistance for Individuals With Disabilities Act of
1988 (29 U.S.C. 2231 et seq.) is repealed.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as if included in the Technology-Related
Assistance for Individuals With Disabilities Act Amendments
of 1994.
SEC. 367. INDIAN EDUCATION ACT OF 1988.
The Indian Education Act of 1988 (25 U.S.C. 2601 note) is
repealed.
SEC. 368. REHABILITATION ACT.
(a) In General.--Notwithstanding any provision of the
Rehabilitation Act of 1973, the amount otherwise payable to a
State under section 111 of such Act shall be reduced for
fiscal years 1987, 1988, and 1989, by the amount by which
expenditures from non-Federal sources under the State plan
under title I of such Act for such year are less than the
total of such expenditures for fiscal year 1972.
(b) Effective Date.--The amendment made by this section
shall take effect as if included in the Rehabilitation Act
Amendments of 1992.
SEC. 369. AMENDMENT TO THE CARL D. PERKINS VOCATIONAL AND
APPLIED TECHNOLOGY EDUCATION ACT REGARDING THE
TERRITORIES.
Section 101A of the Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2311a) is amended to read
as follows:
``SEC. 101A. THE TERRITORIES.
``(a) The Territories.--From funds reserved pursuant to
section 101(a)(1)(C), the Secretary shall--
``(1) make a grant in the amount of $500,000 to Guam; and
``(2) make a grant in the amount of $190,000 to each of
American Samoa and the Commonwealth of the Northern Mariana
Islands.
``(b) Remainder.--Subject to the provisions of subsection
(a), the Secretary shall make a grant of the remainder of
funds reserved pursuant to section 101(a)(1)(C) to the
Pacific Region Educational Laboratory in Honolulu, Hawaii, to
make grants for vocational education and training in Guam,
American Samoa, the Republic of Palau, the Commonwealth of
the Northern Mariana Islands, the Federated States of
Micronesia, and the Republic of the Marshall Islands, for the
purpose of providing direct educational services, including--
``(1) teacher and counselor training and retraining;
``(2) curriculum development; and
``(3) improving vocational education and training programs
in secondary schools and institutions of higher education, or
improving cooperative education programs involving both
secondary schools and institutions of higher education.
``(c) Limitation.--The Pacific Region Educational
Laboratory may use not more than 5 percent of the funds
received pursuant to subsection (b) for administrative
costs.''.
SEC. 370. FAMILY SUPPORT CENTER PROGRAM.
(a) Administrative Provisions.--Subsection (f) of section
772 of the Stewart B. McKinney Homeless Assistance Act (42
U.S.C. 11482(f)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Administrative costs.--Two percent of the amounts
appropriated under this title may be used by the Secretary to
administer the programs established under this title and
three percent of the amounts appropriated under this title
may be used by the Secretary to evaluate such programs and to
provide technical assistance to entities for the development
and submission of applications for grants under this
section.'';
(2) in paragraph (3), by striking ``2 years'' and inserting
``3 years''; and
(3) by adding at the end thereof the following new
paragraph:
``(4) Minimum amount.--No grant made under subsection (a)
may be awarded in an amount that is less than $200,000 per
year.''.
(b) Report.--The matter preceding paragraph (1) of section
777 of such Act (42 U.S.C. 11487) is amended by striking
``1992'' and inserting ``1995''.
(c) Authorization for Appropriations.--Section 779 of such
Act (42 U.S.C. 11489) is amended by striking ``for fiscal
year 1993'' and inserting ``for each of the fiscal years 1993
through 1998''.
(d) Technical Amendment.--Subsection (a) of section 774 of
such Act (42 U.S.C. 11484(a)) is amended by striking
``subsection (e)'' and inserting ``subsection (d)''.
SEC. 371. THE NATIONAL FOUNDATION ON THE ARTS AND THE
HUMANITIES ACT OF 1965.
Subsection (c) of section 11 of the National Foundation on
the Arts and the Humanities Act of 1965 (20 U.S.C. 960(c)) is
amended--
(1) in the second sentence of paragraph (1)--
(A) by striking ``any fiscal year'' and inserting ``fiscal
year 1995''; and
(B) by striking ``$50,000'' and inserting ``$100,000''; and
(2) in the second sentence of paragraph (2)--
(A) by striking ``any fiscal year'' and inserting ``fiscal
year 1995''; and
(B) by striking ``$50,000'' and inserting ``$100,000''.
SEC. 372. OFFICE OF INDIAN EDUCATION; OFFICE OF BILINGUAL
EDUCATION.
Title II of the Department of Education Organization Act
(20 U.S.C. 3411 et seq.) is further amended--
(1) by redesignating section 215 as section 217; and
(2) by adding after section 214 (as added by section
271(c)) the following new section:
``SEC. 215. OFFICE OF INDIAN EDUCATION.
``(a) Office of Indian Education.--There shall be an Office
of Indian Education (referred to in this section as `the
Office') in the Department of Education.
``(b) Director.--
``(1) Appointment and reporting.--The Office shall be under
the direction of the Director, who shall be appointed by the
Secretary and who shall report directly to the Assistant
Secretary for Elementary and Secondary Education.
``(2) Duties.--The Director shall--
``(A) be responsible for administering this title;
``(B) be involved in, and be primarily responsible for, the
development of all policies affecting Indian children and
adults under programs administered by the Office of
Elementary and Secondary Education;
``(C) coordinate the development of policy and practice for
all programs in the Department relating to Indian persons;
and
``(D) assist the Assistant Secretary of the Office of
Educational Research and Improvement in identifying research
priorities related to the education of Indian persons.
``(c) Indian Preference in Employment.--
``(1) In general.--The Secretary shall give a preference to
Indian persons in all personnel actions in the Office.
``(2) Implementation.--Such preference shall be implemented
in the same fashion as the preference given to any veteran
under section 45 of title 25, United States Code.
``SEC. 216. OFFICE OF BILINGUAL EDUCATION AND MINORITY
LANGUAGES AFFAIRS.
``(a) Establishment.--There shall be, in the Department, an
Office of Bilingual Education and Minority Languages Affairs
through which the Secretary shall carry out functions
relating to bilingual education.
``(b) Director.--
``(1) In general.--The Office shall be headed by a Director
of Bilingual Education and Minority Languages Affairs,
appointed by the Secretary, to whom the Secretary shall
delegate all delegable functions relating to bilingual
education. The Director shall also be assigned responsibility
for recommending improvements and providing technical
assistance to other Federal programs serving language-
minority and limited-English-proficient students and their
families and for assisting the Assistant Secretary of the
Office of Educational Research and Improvement in identifying
research priorities which reflect the needs of language-
minority and limited-English language proficient students.
``(2) Organization.--The Office shall be organized as the
Director determines to be appropriate in order to carry out
such functions and responsibilities effectively.
``(3) Inclusion.--The Secretary shall ensure that limited-
English-proficient and language-minority students are
included in ways that are valid, reliable, and fair under all
standards and assessment development conducted or funded by
the Department.''.
[[Page 2221]]
PART G--LIBRARY SERVICES AND CONSTRUCTION REAUTHORIZATION
SEC. 375. LIBRARY SERVICES AND CONSTRUCTION ACT
AUTHORIZATIONS.
(a) In General.--Subsection (a) of section 4 of the Library
Services and Construction Act (20 U.S.C. 351b(a)) is
amended--
(1) by striking ``for fiscal year 1990 and such sums as may
be necessary for each of the 4 succeeding fiscal years'' each
place the phrase appears and inserting ``for fiscal year
1995''; and
(2) in the matter following paragraph (7), by striking
``each of the fiscal years 1990, 1991, 1992, 1993, and 1994''
and inserting ``fiscal year 1995''.
(b) Family Learning Centers.--Section 806 (20 U.S.C. 385e)
is amended to read as follows:
``authorization of appropriations
``Sec. 806. There are authorized to be appropriated such
sums as may be necessary for fiscal year 1995 to carry out
this part.''.
(c) Library Literacy Centers.--Section 818 (20 U.S.C. 386g)
is amended to read as follows:
``authorization of appropriations
``Sec. 818. There are authorized to be appropriated such
sums as may be necessary for fiscal year 1995 to carry out
this part.''.
PART H--AMENDMENTS TO STATUTES PERTAINING TO INDIAN EDUCATION
SEC. 381. BUREAU OF INDIAN AFFAIRS.
Part B of title XI of the Education Amendments of 1978 (25
U.S.C. 2001 et seq.) is amended to read as follows:
``PART B--BUREAU OF INDIAN AFFAIRS PROGRAMS
``SEC. 1121. STANDARDS FOR THE BASIC EDUCATION OF INDIAN
CHILDREN IN BUREAU OF INDIAN AFFAIRS SCHOOLS.
``(a)(1) The purpose of the standards developed under this
section shall be to afford Indian students being served by a
Bureau funded school with the same opportunities as all other
students to achieve the National Education Goals embodied in
the Goals 2000: Educate America Act. Consistent with the
provisions of this section and section 1131, the Secretary
shall take such actions as are necessary to coordinate
standards developed and implemented under this section with
those in the State improvement plans developed and
implemented pursuant to the Goals 2000: Educate America Act
for the States in which each Bureau funded school operates.
In developing and reviewing such standards and coordination,
the Secretary shall utilize the findings and recommendations
of the panel established in section 315(b)(4) of such Act.
``(2) The Secretary shall take immediate steps to encourage
school boards of Bureau funded schools to engage their
communities in adopting declarations of purposes of education
in their communities, analyzing the implications of such
purposes for their schools, and determining how such purposes
may be made to motivate students and faculties and otherwise
animate their schools by May 1, 1995. Such declarations shall
represent the aspirations of a community for the kinds of
persons such community wants its children to increasingly
become, and shall include such purposes as assuring that all
learners are becoming accomplished in ways important to
themselves and respected by their parents and communities,
shaping worthwhile and satisfying lives for themselves,
exemplifying the best values of the community and humankind,
and becoming increasingly effective in shaping the character
and quality of the world all learners share.
``(b) Within 18 months of the publication of the voluntary
national content standards described in section 213(a) of the
Goals 2000: Educate America Act, the Secretary, in
consultation with the Secretary of Education and Indian
organizations and tribes, shall carry out or cause to be
carried out by contract with an Indian organization such
studies and surveys, making the fullest use possible of other
existing studies, surveys, and plans, as are necessary to
establish and revise standards for the basic education of
Indian children attending Bureau funded schools. Such studies
and surveys shall take into account factors such as academic
needs, local cultural differences, type and level of language
skills, geographic isolation, and appropriate teacher-student
ratios for such children, and shall be directed toward the
attainment of equal educational opportunity for such
children.
``(c)(1) The Secretary shall revise the minimum academic
standards published in the Federal Register of September 9,
1985 (50 Fed. Reg. 174) for the basic education of Indian
children in accordance with the purpose described in
subsection (a) and the findings of the studies and surveys
described in subsection (b), and shall publish such revised
standards in the Federal Register for the purpose of
receiving comments from the tribes and other interested
parties. Within 21 months of the date of enactment of the
Improving America's Schools Act of 1994, the Secretary shall
establish final standards, distribute such standards to all
the tribes and publish such final standards in the Federal
Register. The Secretary shall revise such final standards
periodically as necessary. Prior to any revision of such
final standards, the Secretary shall distribute such proposed
revision to all the tribes, and publish such proposed
revision in the Federal Register, for the purpose of
receiving comments from the tribes and other interested
parties.
``(2) The standards described in paragraph (1) shall apply
to Bureau schools, and subject to subsection (f), to contract
or grant schools, and may also serve as a model for
educational programs for Indian children in public schools.
In establishing and revising such standards, the Secretary
shall take into account the special needs of Indian students
and the support and reinforcement of the specific cultural
heritage of each tribe.
``(d) The Secretary shall provide alternative or modified
standards in lieu of the standards established under
subsection (c), where necessary, so that the programs of each
school shall be in compliance with the minimum standards
required for accreditation of schools in the State where the
school is located.
``(e) A tribal governing body, or the local school board so
designated by the tribal governing body, shall have the local
authority to waive, in part or in whole, the standards
established under subsection (c) and (d), where such
standards are deemed by such body to be inappropriate. The
tribal governing body or designated school board shall,
within 60 days thereafter, submit to the Secretary a proposal
for alternative standards that take into account the specific
needs of the tribe's children. Such revised standards shall
be established by the Secretary unless specifically rejected
by the Secretary for good cause and in writing to the
affected tribes or local school board, which rejection shall
be final and unreviewable.
``(f)(1) The Secretary, through contracting and grant-
making procedures, shall assist school boards of contract or
grant schools in the implementation of the standards
established under subsections (c) and (d), if the school
boards request that such standards, in part or in whole, be
implemented. At the request of a contract or grant school
board, the Secretary shall provide alternative or modified
standards for the standards established under subsections (c)
and (d) to take into account the needs of the Indian children
and the contract or grant school.
``(2) Within 1 year of the date of the enactment of the
Indian Education Technical Amendments Act of 1985, the Bureau
shall, either directly or through contract with an Indian
organization, establish a consistent system of reporting
standards for fiscal control and fund accounting for all
contract or grant schools. Such standards shall yield data
results comparable to those used by Bureau schools.
``(g) Subject to subsections (e) and (f), the Secretary
shall begin to implement the standards established under this
section immediately upon the date of their establishment. Not
later than January 1, 1995, and at each time thereafter that
the annual budget request for Bureau educational services is
presented, the Secretary shall submit to the appropriate
committees of Congress a detailed plan to bring all Bureau
schools and contract or grant schools up to the level
required by the applicable standards established under this
section. Such plan shall include detailed information on the
status of each school's educational program in relation to
the applicable standards established under this section,
specific cost estimates for meeting such standards at each
school, and specific time lines for bringing each school up
to the level required by such standards.
``(h)(1) Except as specifically required by statute, no
school or peripheral dormitory operated by the Bureau on or
after January 1, 1992, may be closed or consolidated or have
its program substantially curtailed unless done according to
the requirements of this subsection, except that, in those
cases where the tribal governing body, or the local school
board concerned (if so designated by the tribal governing
body), requests closure or consolidation, the requirements of
this subsection shall not apply. The requirements of this
subsection shall not apply when a temporary closure,
consolidation, or substantial curtailment is required by
plant conditions which constitute an immediate hazard to
health and safety.
``(2) The Secretary shall, by regulation, promulgate
standards and procedures for the closing, consolidation, or
substantial curtailment of Bureau schools in accordance with
the requirements of this subsection.
``(3) Whenever closure, transfer to any other authority,
consolidation, or substantial curtailment of a school is
under active consideration or review by any division of the
Bureau or the Department of the Interior, the affected tribe,
tribal governing body, and designated local school board,
will be notified as soon as such consideration or review
begins, kept fully and currently informed, and afforded an
opportunity to comment with respect to such consideration or
review. When a formal decision is made to close, transfer to
any other authority, consolidate, or substantially curtail a
school, the affected tribe, tribal governing body, and
designated local school board shall be notified at least 6
months prior to the end of the school year preceding the
proposed closure date. Copies of any such notices and
information shall be transmitted promptly to the Congress and
published in the Federal Register.
``(4) The Secretary shall make a report to Congress, the
affected tribe, and the designated local school board
describing the process of the active consideration or review
referred to in paragraph (3). At a minimum, the report shall
include a study of the impact of such action on the student
population, with every effort to identify those students with
particular educational and social needs, and to ensure that
alternative services are available to such students. Such
report shall include the description of the
[[Page 2222]]
consultation conducted between the potential service
provider, current service provider, parents, tribal
representative and the tribe or tribes involved, and the
Director of the Office of Indian Education Programs within
the Bureau regarding such students. No irreversible action
may be taken in furtherance of any such proposed school
closure, transfer to any other authority, consolidation, or
substantial curtailment (including any action which would
prejudice the personnel or programs of such school) until the
end of the first full academic year after such report is
made.
``(5) The Secretary may terminate, contract, transfer to
any other authority, or consolidate or substantially curtail
the operation or facilities of--
``(A) any Bureau funded school that is operated on or after
April 1, 1987,
``(B) any program of such a school that is operated on or
after April 1, 1987, or
``(C) any school board of a school operated under a grant
under the Tribally Controlled Schools Act of 1988,
only if the tribal governing body approves such action.
``(i) There are authorized to be appropriated such sums as
may be necessary, for academic program costs, in order to
bring all Bureau schools and contract or grant schools up to
the level required by the applicable standards established
under this section.
``(j)(1) All Bureau funded schools shall include within
their curriculum a program of instruction relating to alcohol
and substance abuse prevention and treatment. The Assistant
Secretary shall provide the technical assistance necessary to
develop and implement such a program for students in
kindergarten and grades 1 through 12, at the request of--
``(A) any Bureau school (subject to the approval of the
school board of such school);
``(B) any school board of a school operating under a
contract entered into under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.); or
``(C) any school board of a school operating under a grant
under the Tribally Controlled Schools Act of 1988.
``(2) In schools operated directly by the Bureau, the
Secretary shall provide for--
``(A) accurate reporting of all incidents relating to
alcohol and substance abuse; and
``(B) individual student crisis intervention.
``(3) The programs requested under paragraph (1) shall be
developed in consultation with the Indian tribe that is to be
served by such program and health personnel in the local
community of such tribe.
``(4) Schools requesting program assistance under this
subsection are encouraged to involve family units and, where
appropriate, tribal elders and Native healers in such
instructions.
``(k) For purposes of this section, the term `tribal
governing body' means, with respect to any school, the tribal
governing body, or tribal governing bodies, that represent at
least 90 percent of the students served by such school.
``(l)(1)(A)(i) The Secretary shall only consider the
factors described in subparagraphs (B) and (C) in reviewing--
``(I) applications from any tribe for the awarding of a
contract or grant for a school that is not a Bureau funded
school; and
``(II) applications from any tribe or school board of any
Bureau funded school for--
``(aa) a school which is not a Bureau funded school; or
``(bb) the expansion of a Bureau funded school which would
increase the amount of funds received by the Indian tribe or
school board under section 1127.
``(ii) The Secretary shall give consideration to all of the
factors under clause (i), but none of the applications under
clause (i) may be denied based primarily upon the geographic
proximity of public education.
``(B) The Secretary shall consider the following factors
relating to the program that is the subject of an application
described in subparagraph (A):
``(i) The adequacy of facilities or the potential to obtain
or provide adequate facilities.
``(ii) Geographic and demographic factors in the affected
areas.
``(iii) Adequacy of the applicant's program plans or, in
the case of a Bureau funded school, of projected needs
analysis done either by a tribe or by Bureau personnel.
``(iv) Geographic proximity of comparable public education.
``(v) The stated needs of all affected parties, including
students, families, tribal governments at both the central
and local levels, and school organizations.
``(C) The Secretary shall consider with respect to
applications described in subparagraph (A) the following
factors relating to all the educational services available at
the time the application is considered:
``(i) Geographic and demographic factors in the affected
areas.
``(ii) Adequacy and comparability of programs already
available.
``(iii) Consistency of available programs with tribal
educational codes or tribal legislation on education.
``(iv) The history and success of these services for the
proposed population to be served, as determined from all
factors and not just standardized examination performance.
``(2)(A) The Secretary shall make a determination of
whether to approve any application described in paragraph
(1)(A) by not later than the date that is 180 days after the
day on which such application is submitted to the Secretary.
``(B) If the Secretary fails to make the determination
described in subparagraph (A) with respect to an application
by the date described in subparagraph (A), the application
shall be treated as having been approved by the Secretary.
``(3)(A) Any application described in paragraph (1)(A) may
be submitted to the Secretary only if--
``(i) the application has been approved by the tribal
governing body of the students served by (or to be served by)
the school or program that is the subject of the application,
and
``(ii) written evidence of such approval is submitted with
the application.
``(B) Each application described in paragraph (1)(A)--
``(i) shall provide information concerning each of the
factors described in paragraph (1)(B), and
``(ii) may provide information concerning the factors
described in paragraph (1)(C).
``(4) Whenever the Secretary makes a determination to deny
approval of any application described in paragraph (1)(A),
the Secretary shall--
``(A) state the objections in writing to the applicant by
not later than the date that is 180 days after the day on
which the application is submitted to the Secretary,
``(B) provide assistance to the applicant to overcome
stated objections, and
``(C) provide the applicant a hearing, under the same rules
and regulations pertaining to the Indian Self-Determination
and Education Assistance Act, and an opportunity to appeal
the objections raised by the Secretary.
``(5)(A) Except as otherwise provided in this paragraph,
the action which is the subject of any application described
in paragraph (1)(A) that is approved by the Secretary shall
become effective with the commencement of the academic year
succeeding the fiscal year in which the application is
approved, or at an earlier date determined by the Secretary.
``(B) If an application is treated as having been approved
by the Secretary by reason of paragraph (2)(B), the action
that is the subject of the application shall become effective
on the date that is 18 months after the date on which the
application is submitted to the Secretary, or at an earlier
date determined by the Secretary.
``SEC. 1122. NATIONAL CRITERIA FOR DORMITORY SITUATIONS.
``(a) The Secretary, in consultation with the Secretary of
the Department of Education, and in consultation with Indian
organizations and tribes, shall conduct or cause to be
conducted by contract with an Indian organization, a study of
the costs applicable to boarding arrangements for Indian
students provided in Bureau schools, and contract or grant
schools, for the purpose of establishing national criteria
for such dormitory situations. Such criteria shall include
adult-child ratios, needs for counselors (including special
needs related to off-reservation boarding arrangements),
space, and privacy.
``(b) Not later than January 1, 1996, the Secretary shall
propose such criteria, and shall distribute such proposed
criteria to the tribes and publish such proposed criteria in
the Federal Register for the purpose of receiving comments
from the tribes and other interested parties. Within 18
months of the date of the enactment of the Improving
America's Schools Act of 1994, the Secretary shall establish
final criteria, distribute such final criteria to all the
tribes, and publish such final criteria in the Federal
Register. The Secretary shall revise such final criteria
periodically as necessary. Any revisions to the criteria
established under this section shall be developed subject to
requirements established under section 1131.
``(c) The Secretary shall begin to implement the criteria
established under this section immediately upon the date of
the establishment of such criteria. Not later than January 1,
1997, and at each time thereafter that the annual budget
request for Bureau educational services is presented, the
Secretary shall submit to the appropriate committees of
Congress a detailed plan to bring all Bureau contract
boarding schools up to the criteria established under this
section. Such plan shall include predictions for the relative
need for each boarding school in the future, detailed
information on the status of each school in relation to the
criteria established under this section, specific cost
estimates for meeting such criteria at each school, and
specific time lines for bringing each school up to the level
required by such criteria.
``(d)(1) The criteria established under this section may be
waived in the same manner as the standards provided under
section 1121(c) may be waived under section 1121(e).
``(2) No school in operation on or before January 1, 1987
(regardless of compliance or noncompliance with the criteria
established under this section) may be closed, transferred to
another authority, consolidated or have its program
substantially curtailed for failure to meet the criteria.
``(3) By not later than May 1, 1996, the Secretary shall
submit to the Congress a report detailing the costs
associated with, and the actions necessary for, complete
compliance with the criteria established under this section.
``(e) There are authorized to be appropriated such sums as
may be necessary in order to bring each school up to the
level required by the criteria established under this
section.
``SEC. 1123. REGULATIONS.
``(a) The provisions of part 32 of title 25 of the Code of
Federal Regulations, as in effect
[[Page 2223]]
on January 1, 1987, are incorporated into this Act and shall
be treated as though such provisions are set forth in this
subsection. Accordingly, such provisions may be altered only
by means of an amendment to this subsection that is contained
in an Act or joint resolution which is enacted into law. To
the extent that such provisions of part 32 do not conform
with this Act or any statutory provision of law enacted
before the date of enactment of this Act, the provisions of
this Act and the provisions of such other statutory law shall
govern.
``(b) The provisions of parts 31, 33, 36, 39, 42, and 43 of
title 25 of the Code of Federal Regulations, as in effect on
January 1, 1987, shall be applied by the Federal Government
and shall not, before July 1, 1989, be amended, revoked, or
altered in any manner. No officer or employee of the
executive branch shall have the authority to issue any other
regulations, prior to July 1, 1989, that supersede,
supplement, or otherwise affect the provisions of such parts.
To the extent that the provisions of such parts do not
conform with this Act or any statutory provision of law
enacted before the date of enactment of this Act, the
provisions of this Act and the provisions of such other
statutory law shall govern.
``(c) After June 30, 1989, no regulation prescribed for the
application of any program provided under this title shall
become effective unless--
``(1) the regulation has been published as a proposed
regulation in the Federal Register,
``(2) an opportunity of not less than 90 days has been
afforded the public to comment on the published proposed
regulation, and
``(3) the regulation has, after such period for public
comment, been published in the Federal Register as a final
regulation.
``(d) For purposes of this section, the term `regulation'
means any rules, regulations, guidelines, interpretations,
orders, or requirements of general applicability prescribed
by any officer or employee of the executive branch.
``SEC. 1124. SCHOOL BOUNDARIES.
``(a) The Secretary shall, in accordance with this section,
establish separate geographical attendance areas for each
Bureau school.
``(b)(1) Except as provided in paragraph (2), on or after
July 1, 1985, no attendance area shall be changed or
established with respect to any Bureau funded school unless
the tribal governing body or the local school board concerned
(if so designated by the tribal governing body) has been (i)
afforded at least six months notice of the intention of the
Bureau to change or establish such attendance area, and (ii)
given the opportunity to propose alternative boundaries. Any
tribe may petition the Secretary for revision of existing
attendance area boundaries. The Secretary shall accept such
proposed alternative or revised boundaries unless the
Secretary finds, after consultation with the affected tribe
or tribes, that such revised boundaries do not reflect the
needs of the Indian students to be served or do not provide
adequate stability to all of the affected programs.
``(2) In any case where there is more than 1 Bureau funded
school located on an Indian reservation, at the direction of
the tribal governing body, the relevant school boards of the
Bureau funded schools on the reservation may, by mutual
consent, establish the relevant attendance areas for such
schools, subject to the approval of the tribal governing
body. Any such boundaries so established shall be accepted by
the Secretary.
``(c) In any case where there is only 1 Bureau operated
program located on an Indian reservation, the attendance area
for the program shall be the boundaries of the reservation
served, and those students residing near the reservation
shall also receive services from such program.
``(d) The Bureau shall include in the regulations the
requirement that each appropriate education line officer
coordinate and consult with the affected tribes and relevant
school boards in the establishment of such geographic
boundaries.
``SEC. 1125. FACILITIES CONSTRUCTION.
``(a) The Secretary shall immediately begin to bring all
schools, dormitories, and other facilities operated by the
Bureau or under contract or grant with the Bureau in
connection with the education of Indian children into
compliance with all applicable Federal, tribal, or State
health and safety standards, whichever provide greater
protection (except that the tribal standards to be applied
shall be no greater than any otherwise applicable Federal or
State standards), with section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794), and with the Americans with
Disabilities Act of 1990, except that nothing in this section
shall require termination of the operations of any facility
which does not comply with such provisions and which is in
use on the date of enactment of the Improving America's
Schools Act of 1994.
``(b) By January 1, 1996, and at each time thereafter that
the annual budget request for Bureau educational services is
presented, the Secretary shall submit to the appropriate
committees of Congress a detailed plan to bring such
facilities into compliance with such standards. Such plan
shall include detailed information on the status of each
facility's compliance with such standards, specific cost
estimates for meeting such standards at each school, and
specific time lines for bringing each school into compliance
with such standards.
``(c) Within six months of the date of enactment of this
Act, the Secretary shall submit to the appropriate committees
of Congress, and publish in the Federal Register, the system
used to establish priorities for school construction
projects. At the time any budget request for school
construction is presented, the Secretary shall publish in the
Federal Register and submit with the budget request the
current list of all school construction priorities.
``(d)(1) A Bureau school may be closed or consolidated, and
the programs of a Bureau school may be substantially
curtailed, by reason of plant conditions that constitute an
immediate hazard to health and safety only if a health and
safety officer of the Bureau determines that such conditions
exist at the Bureau school.
``(2)(A) In making determinations described in paragraph
(1) before July 1, 1989, health and safety officers of the
Bureau shall use the health and safety guidelines of the
Bureau that were in effect on January 1, 1988.
``(B)(i) If--
``(I) the Secretary fails to publish in the Federal
Register in final form before July 1, 1989, and
``(II) action described in paragraph (1) is taken after
June 30, 1989, and before the date on which such regulations
are published in final form in the Federal Register by reason
of the condition of any plant,
an inspection of the condition of such plant shall be
conducted by an appropriate tribal, county, municipal, or
State health and safety officer to determine whether
conditions at such plant constitute an immediate hazard to
health and safety. Such inspection shall be completed by not
later than the date that is 30 days after the date on which
the action described in paragraph (1) is taken.
``(ii) The inspection required under clause (i) shall be
conducted by a health and safety officer designated jointly
by the Secretary and the tribes affected by the action
described in paragraph (1). If the Secretary and such tribes
are unable to agree on the designation of the health and
safety officer, the Secretary shall designate the health and
safety officer and shall provide notice of such designation
to each of such tribes before the inspection is conducted by
such officer.
``(iii) If the health and safety officer conducting an
inspection of a plant required under clause (i) determines
that conditions at the plant do not constitute an immediate
hazard to health and safety, any consolidation or curtailment
that was made by reason of conditions at the plant shall
immediately cease and any school closed by reason of
conditions at the plant shall be reopened immediately.
``(3) If--
``(A) a Bureau school is temporarily closed or
consolidated, or the programs of a Bureau school are
substantially curtailed, by reason of plant conditions that
constitute an immediate hazard to health and safety, and
``(B) the Secretary estimates that the closure,
consolidation, or curtailment will be more than 1 year in
duration,
the Secretary shall submit to the Congress, by not later than
the date that is 6 months after the date on which the
closure, consolidation, or curtailment is initiated, a report
which sets forth the reasons for such temporary actions and
the actions the Secretary is taking to eliminate the
conditions that constitute the hazard.
``(e) There are authorized to be appropriated such sums as
may be necessary to carry out subsection (a).
``SEC. 1126. BUREAU OF INDIAN AFFAIRS EDUCATION FUNCTIONS.
``(a) The Secretary shall vest in the Assistant Secretary
for Indian Affairs all functions with respect to formulation
and establishment of policy and procedure, and supervision of
programs and expenditures of Federal funds for the purpose of
Indian education administered by the Bureau. The Assistant
Secretary shall carry out such functions through the Director
of the Office of Indian Education.
``(b) The Director of the Office shall direct and supervise
the operations of all personnel directly and substantially
involved with provision of education services by the Bureau,
including school or institution custodial or maintenance
personnel. The Assistant Secretary for Indian Affairs shall
provide for the adequate coordination between the affected
Bureau Offices and the Office to facilitate the consideration
of all contract functions relating to education. Except as
required by section 1129, nothing in this Act shall be
construed to require the provision of separate support
services for Indian education.
``(c) Education personnel who are under the direction and
supervision of the Director of the Office in accordance with
the first sentence of subsection (b) shall--
``(1) monitor and evaluate Bureau education programs,
``(2) provide all services and support functions for
education programs with respect to personnel matters
involving staffing actions and functions, and
``(3) provide technical and coordinating assistance in
areas such as procurement, contracting, budgeting, personnel,
and curriculum.
``(d)(1) The Assistant Secretary shall submit in the annual
Budget a plan--
``(A) for school facilities to be constructed under the
system required by section 1125(c);
``(B) for establishing priorities among projects and for
the improvement and repair of education facilities, which
together shall form the basis for the distribution of
appropriated funds; and
[[Page 2224]]
``(C) including a 5-year plan for capital improvements.
``(2)(A) The Assistant Secretary shall establish a program,
including the distribution of appropriated funds, for the
operation and maintenance of education facilities. Such
program shall include--
``(i) a method of computing the amount necessary for each
education facility;
``(ii) similar treatment of all Bureau funded schools;
``(iii) a notice of an allocation of appropriated funds
from the Director of the Office directly to the appropriate
education line officers; and
``(iv) a system for the conduct of routine preventive
maintenance.
``(B) The appropriate education line officers shall make
arrangements for the maintenance of education facilities with
the local supervisors of the Bureau maintenance personnel who
are under the authority of the agency superintendent or area
directors, respectively. The local supervisors of Bureau
maintenance personnel shall take appropriate action to
implement the decisions made by the appropriate education
line officers, except that no funds under this part may be
authorized for expenditure unless such appropriate education
line officer is assured that the necessary maintenance has
been, or will be, provided in a reasonable manner. Subject to
the requirements of subsection (b) of this section, nothing
in this Act shall be construed to require the provision of
separate operations and maintenance personnel for the Office.
``(3) The requirements of this subsection shall be
implemented not later than July 1, 1995.
``(e) Notwithstanding any other provision of law, the
Director shall promulgate guidelines for the establishment of
mechanisms for the acceptance of gifts and bequests for the
use of, and benefit of, particular schools or designated
Bureau operated education programs, including, where
appropriate, the establishment and administration of trust
funds. When a Bureau operated program is the beneficiary of
such a gift or bequest, the Director shall make provisions
for monitoring its use, and shall report to the appropriate
committees of Congress the amount and terms of such gift or
bequest, the use to which such gift or bequest is put, and
any positive results achieved by such action.
``(f) For the purpose of this section the term `functions'
includes powers and duties.
``SEC. 1127. ALLOTMENT FORMULA.
``(a)(1) The Secretary shall establish, by regulation
adopted in accordance with section 1139, a formula for
determining the minimum annual amount of funds necessary to
sustain each Bureau funded school. In establishing such
formula, the Secretary shall consider--
``(A) the number of eligible Indian students served and
size of the school;
``(B) special cost factors, such as--
``(i) the isolation of the school;
``(ii) the need for special staffing, transportation, or
educational programs;
``(iii) food and housing costs;
``(iv) maintenance and repair costs associated with the
physical condition of the educational facilities;
``(v) special transportation and other costs of isolated
and small schools;
``(vi) the costs of boarding arrangements, where determined
necessary by a tribal governing body or designated local
school board;
``(vii) costs associated with greater lengths of service by
educational personnel; and
``(viii) special programs for gifted and talented students;
``(C) the cost of providing academic services which are at
least equivalent to those provided by public schools in the
State in which the school is located; and
``(D) such other relevant factors as the Secretary
determines are appropriate.
``(2) Upon the establishment of the standards required by
sections 1121 and 1122, the Secretary shall revise the
formula established under this subsection to reflect the cost
and funding standards so established. Prior to January 1,
1996, the Secretary shall review the formula established
under this section and shall take such steps as may be
necessary to increase the availability of counseling services
for students in off-reservation boarding schools and other
Bureau operated residential facilities. Concurrent with such
action, the Secretary shall review the standards established
under section 1121 to be certain that adequate provision is
made for parental notification regarding, and consent for,
such counseling services.
``(b) Notwithstanding any other provisions of law, Federal
funds appropriated for the general local operation of Bureau
funded schools shall be allotted pro rata in accordance with
the formula established under subsection (a).
``(c)(1) For fiscal year 1990, and for each subsequent
fiscal year, the Secretary shall adjust the formula
established under subsection (a) to--
``(A) use a weighted unit of 1.2 for each eligible Indian
student enrolled in the seventh and eighth grades of the
school in considering the number of eligible Indian students
served by the school;
``(B) consider a school with an enrollment of less than 50
eligible Indian students as having an average daily
attendance of 50 eligible Indian students for purposes of
implementing the adjustment factor for small schools; and
``(C) take into account the provision of residential
services on a less than 9-month basis at a school when the
school board and supervisor of the school determine that a
less than 9-month basis will be implemented for the school
year involved.
``(2)(A) The Secretary shall reserve for national school
board training 0.2 percent of the funds appropriated for each
fiscal year for distribution under this section. Such
training shall be conducted through the same organizations
through which, and in the same manner in which, the training
was conducted in fiscal year 1992, except that the contracts
for distribution of such funds shall require that such funds
be distributed by the recipient organizations in a manner
that assures the same pro rata share is made available for
training for each school board in the system. If the contract
for such training is not awarded before May 1 of each fiscal
year, the contract under which such training was provided for
the fiscal year preceding such fiscal year shall be renewed
by the Secretary for such fiscal year. The agenda for the
training sessions shall be established by the school boards
through their regional or national organizations.
``(B) For each year in which the Secretary uses a weighted
unit formula established under subsection (a) to fund Bureau
schools, a Bureau school which generates less than 168
weighted units shall receive an additional 2 weighted units
to defray school board activities.
``(C) From the funds allotted in accordance with the
formula established under subsection (a) for each Bureau
school, the local school board of such school may reserve an
amount which does not exceed the greater of--
``(i) $5,000, or
``(ii) the lesser of--
``(I) $15,000, or
``(II) 1 percent of such allotted funds,
for school board activities for such school, including and
notwithstanding any other provision of law, meeting expenses
and the cost of membership in, and support of, organizations
engaged in activities on behalf of Indian education.
``(3) The Secretary shall adjust the formula established
under subsection (a) to use a weighted unit of 2.0 for each
eligible Indian student that--
``(A) is gifted and talented, and
``(B) is enrolled in the school on a full-time basis,
in considering the number of eligible Indian students served
by the school.
``(4)(A) The Secretary shall adjust the formula established
under subsection (a) to use a weighted unit of 0.25 for each
eligible Indian student who is enrolled in a year-long credit
course in an Indian or Native language as part of the regular
curriculum of a school, in considering the number of eligible
Indian students served by such school.
``(B) The adjustment required under subparagraph (A) shall
be used for such school after--
``(i) the certification of the Indian or Native language
curriculum by the school board of such school to the
Secretary, together with an estimate of the number of full-
time students expected to be enrolled in the curriculum in
the second school year following the school year for which
the certification is made; and
``(ii) the funds appropriated for allotment under this
section are designated by the appropriations Act
appropriating such funds as the amount necessary to implement
such adjustment at such school without reducing allotments
made under this section to any school by virtue of such
adjustment.
``(d) The Secretary shall reserve from the funds available
for distribution for each fiscal year under this section an
amount which, in the aggregate, shall equal 1 percent of the
funds available for such purpose for that fiscal year. Such
funds shall be used, at the discretion of the Director of the
Office, to meet emergencies and unforeseen contingencies
affecting the education programs funded under this section.
Funds reserved under this subsection may only be expended for
education services or programs at a schoolsite (as defined in
section 5204(c)(2) of the Tribally Controlled Schools Act of
1988). Funds reserved under this subsection shall remain
available without fiscal year limitation until expended.
However, the aggregate amount available from all fiscal years
may not exceed 1 percent of the current year funds. Whenever
the Secretary makes funds available under this subsection,
the Secretary shall report such action to the appropriate
committees of Congress within the annual budget submission.
``(e) Supplemental appropriations enacted to meet increased
pay costs attributable to school level personnel shall be
distributed under this section.
``(f) For the purpose of this section, the term `eligible
Indian student' means a student who--
``(1) is a member of or is at least a \1/4\ degree Indian
blood descendant of a member of an Indian tribe which is
eligible for the special programs and services provided by
the United States through the Bureau to Indians because of
their status as Indians, and
``(2) resides on or near an Indian reservation or meets the
criteria for attendance at a Bureau off-reservation boarding
school.
``(g)(1) An eligible Indian student may not be charged
tuition for attendance at a Bureau school or contract or
grant school. A student attending a Bureau school under
paragraph (2)(C) may not be charged tuition.
``(2) The Secretary may permit the attendance at a Bureau
school of a student who is not an eligible Indian student
if--
``(A) the Secretary determines that the student's
attendance will not adversely af-
[[Page 2225]]
fect the school's program for eligible Indian students
because of cost, overcrowding, or violation of standards,
``(B) the school board consents,
``(C) the student is a dependent of a Bureau, Indian Health
Service, or tribal government, employee who lives on or near
the school site, or
``(D) a tuition is paid for the student that is not more
than that charged by the nearest public school district for
out-of-district students, is in addition to the school's
allocation under this section.
``(3) The school board of a contract or grant school may
permit students who are not eligible Indian students under
this subsection to attend its contract school or grant school
and any tuition collected for those students is in addition
to funding under this section.
``(h) Notwithstanding any other provision of law, at the
election of the school board of a Bureau school made at any
time during the fiscal year, a portion equal to not more than
15 percent of the funds allocated with respect to a school
under this section for any fiscal year shall remain available
to the school for expenditure without fiscal year limitation.
The Assistant Secretary shall take steps as may be necessary
to implement this provision immediately.
``(i) Beginning with academic year 1994-1995, tuition for
the out-of-State students boarding at the Richfield Dormitory
in Richfield, Utah, who attend Sevier County high schools in
Richfield, Utah, shall be paid from the Indian school
equalization program funds authorized in this section and
section 1130 at a rate not to exceed the amount per weighted
student unit for that year for the instruction of such
students. No additional administrative cost funds shall be
added to the grant.
``SEC. 1128. ADMINISTRATIVE COST GRANTS.
``(a)(1) The Secretary shall, subject to the availability
of appropriated funds, provide grants to each tribe or tribal
organization operating a contract school or grant school in
the amount determined under this section with respect to the
tribe or tribal organization for the purpose of paying the
administrative and indirect costs incurred in operating
contract or grant schools in order to--
``(A) enable tribes and tribal organizations operating such
schools, without reducing direct program services to the
beneficiaries of the program, to provide all related
administrative overhead services and operations necessary to
meet the requirements of law and prudent management practice,
and
``(B) carry out other necessary support functions which
would otherwise be provided by the Secretary or other Federal
officers or employees, from resources other than direct
program funds, in support of comparable Bureau operated
programs.
``(2) Amounts appropriated to fund the grants provided
under this section shall be in addition to, and shall not
reduce, the amounts appropriated for the program being
administered by the contract or grant school.
``(b)(1) The amount of the grant provided to each tribe or
tribal organization under this section for each fiscal year
shall be determined by applying the administrative cost
percentage rate of the tribe or tribal organization to the
aggregate of the Bureau elementary and secondary functions
operated by the tribe or tribal organization for which funds
are received from or through the Bureau. The administrative
cost percentage rate determined under subsection (c) does not
apply to other programs operated by the tribe or tribal
organization.
``(2) The Secretary shall--
``(A) reduce the amount of the grant determined under
paragraph (1) to the extent that payments for administrative
costs are actually received by an Indian tribe or tribal
organization under any Federal education program included in
the direct cost base of the tribe or tribal organization, and
``(B) take such actions as may be necessary to be
reimbursed by any other department or agency of the Federal
Government for the portion of grants made under this section
for the costs of administering any program for Indians that
is funded by appropriations made to such other department or
agency.
``(c)(1) For purposes of this section, the administrative
cost percentage rate for a contract or grant school for a
fiscal year is equal to the percentage determined by
dividing--
``(A) the sum of--
``(i) the amount equal to--
``(I) the direct cost base of the tribe or tribal
organization for the fiscal year, multiplied by
``(II) the minimum base rate, plus
``(ii) the amount equal to--
``(I) the standard direct cost base, multiplied by
``(II) the maximum base rate, by
``(B) the sum of--
``(i) the direct cost base of the tribe or tribal
organization for the fiscal year, plus
``(ii) the standard direct cost base.
``(2) The administrative cost percentage rate shall be
determined to the \1/100\ of a decimal point.
``(d)(1)(A) Funds received by a tribe or contract or grant
school as grants under this section for tribal elementary or
secondary educational programs may be combined by the tribe
or contract or grant school into a single administrative cost
account without the necessity of maintaining separate funding
source accounting.
``(B) Indirect cost funds for programs at the school which
share common administrative services with tribal elementary
or secondary educational programs may be included in the
administrative cost account described in subparagraph (A).
``(2) Funds received as grants under this section with
respect to tribal elementary or secondary education programs
shall remain available to the contract or grant school
without fiscal year limitation and without diminishing the
amount of any grants otherwise payable to the school under
this section for any fiscal year beginning after the fiscal
year for which the grant is provided.
``(3) Funds received as grants under this section for
Bureau funded programs operated by a tribe or tribal
organization under a contract or agreement shall not be taken
into consideration for purposes of indirect cost
underrecovery and overrecovery determinations by any Federal
agency for any other funds, from whatever source derived.
``(4) In applying this section and section 105 of the
Indian Self-Determination and Education Assistance Act with
respect to an Indian tribe or tribal organization that--
``(A) receives funds under this section for administrative
costs incurred in operating a contract or grant school or a
school operated under the Tribally Controlled Schools Act of
1988, and
``(B) operates 1 or more other programs under a contract or
grant provided under the Indian Self-Determination and
Education Assistance Act,
the Secretary shall ensure that the Indian tribe or tribal
organization is provided with the full amount of the
administrative costs, and of the indirect costs, that are
associated with operating the contract or grant school, a
school operated under the Tribally Controlled Schools Act of
1988, and all of such other programs, except that funds
appropriated for implementation of this section shall be used
only to supply the amount of
the grant required to be provided by this section.
``(e) For purposes of this section:
``(1)(A) The term `administrative cost' means the costs of
necessary administrative functions which--
``(i) the tribe or tribal organization incurs as a result
of operating a tribal elementary or secondary educational
program,
``(ii) are not customarily paid by comparable Bureau
operated programs out of direct program funds, and
``(iii) are either--
``(I) normally provided for comparable Bureau programs by
Federal officials using resources other than Bureau direct
program funds, or
``(II) are otherwise required of tribal self-determination
program operators by law or prudent management practice.
``(B) The term `administrative cost' may include--
``(i) contract or grant (or other agreement)
administration;
``(ii) executive, policy, and corporate leadership and
decisionmaking;
``(iii) program planning, development, and management;
``(iv) fiscal, personnel, property, and procurement
management;
``(v) related office services and record keeping; and
``(vi) costs of necessary insurance, auditing, legal,
safety and security services.
``(2) The term `Bureau elementary and secondary functions'
means--
``(A) all functions funded at Bureau schools by the Office;
``(B) all programs--
``(i) funds for which are appropriated to other agencies of
the Federal Government, and
``(ii) which are administered for the benefit of Indians
through Bureau schools; and
``(C) all operation, maintenance, and repair funds for
facilities and government quarters used in the operation or
support of elementary and secondary education functions for
the benefit of Indians, from whatever source derived.
``(3)(A) Except as otherwise provided in this subparagraph
(B), the direct cost base of a tribe or tribal organization
for the fiscal year is the aggregate direct cost program
funding for all tribal elementary or secondary educational
programs operated by the tribe or tribal organization
during--
``(i) the second fiscal year preceding such fiscal year, or
``(ii) if such programs have not been operated by the tribe
or tribal organization during the 2 preceding fiscal years,
the first fiscal year preceding such fiscal year.
``(B) In the case of Bureau elementary or secondary
education functions which have not previously been operated
by a tribe or tribal organization under contract, grant, or
agreement with the Bureau, the direct cost base for the
initial year shall be the projected aggregate direct cost
program funding for all Bureau elementary and secondary
functions to be operated by the tribe or tribal organization
during that fiscal year.
``(4) The term `maximum base rate' means 50 percent.
``(5) The term `minimum base rate' means 11 percent.
``(6) The term `standard direct cost base' means $600,000.
``(7) The term `tribal elementary or secondary educational
programs' means all Bureau elementary and secondary
functions, together with any other Bureau programs or
portions of programs (excluding funds for social services
that are appropriated to agencies other than the Bureau and
are expended through the Bureau, funds for major
subcontracts, construction, and other major capital
expenditures, and unexpended funds
[[Page 2226]]
carried over from prior years) which share common
administrative cost functions, that are operated directly by
a tribe or tribal organization under a contract, grant, or
agreement with the Bureau.
``(f)(1) Upon the date of enactment of the Indian Education
Amendments of 1988, the Secretary shall--
``(A) conduct such studies as may be needed to establish an
empirical basis for determining relevant factors
substantially affecting the required administrative costs of
tribal elementary and secondary educational programs, using
the formula set forth in subsection (c), and
``(B) conduct a study to determine--
``(i) a maximum base rate which ensures that the amount of
the grants provided under this section will provide adequate
(but not excessive) funding of the administrative costs of
the smallest tribal elementary or secondary educational
programs,
``(ii) a minimum base rate which ensures that the amount of
the grants provided under this section will provide adequate
(but not excessive) funding of the administrative costs of
the largest tribal elementary or secondary educational
programs, and
``(iii) a standard direct cost base which is the aggregate
direct cost funding level for which the percentage determined
under subsection (c) will--
``(I) be equal to the median between the maximum base rate
and the minimum base rate, and
``(II) ensure that the amount of the grants provided under
this section will provide adequate (but not excessive)
funding of the administrative costs of tribal elementary or
secondary educational programs closest to the size of the
program.
``(2) The studies required under paragraph (1) shall--
``(A) be conducted in full consultation (in accordance with
section 1131) with--
``(i) the tribes and tribal organizations that are affected
by the application of the formula set forth in subsection
(c), and
``(ii) all national and regional Indian organizations of
which such tribes and tribal organizations are typically
members;
``(B) be conducted onsite with a representative statistical
sample of the tribal elementary or secondary educational
programs under a contract entered into with a nationally
reputable public accounting and business consulting firm;
``(C) take into account the availability of skilled labor,
commodities, business and automatic data processing services,
related Indian preference and Indian control of education
requirements, and any other market factors found
substantially to affect the administrative costs and
efficiency of each such tribal elementary or secondary
educational program studied in order to assure that all
required administrative activities can reasonably be
delivered in a cost effective manner for each such program,
given an administrative cost allowance generated by the
values, percentages, or other factors found in the studies to
be relevant in such formula;
``(D) identify, and quantify in terms of percentages of
direct program costs, any general factors arising from
geographic isolation, or numbers of programs administered,
independent of program size factors used to compute a base
administrative cost percentage in such formula; and
``(E) identify any other incremental cost factors
substantially affecting the costs of required administrative
cost functions at any of the tribal elementary or secondary
educational programs studied and determine whether the
factors are of general applicability to other such programs,
and (if so) how the factors may effectively be incorporated
into such formula.
``(3) In carrying out the studies required under this
subsection, the Secretary shall obtain the input of, and
afford an opportunity to participate to, the Inspector
General of the Department of the Interior.
``(4) Determinations described in paragraph (2)(C) shall be
based on what is pragmatically possible to do at each
location studied, given prudent management practice,
irrespective of whether required administrative services were
actually or fully delivered at these sites, or other services
were delivered instead, during the period of the study.
``(5) Upon completion of the studies conducted under
paragraph (1), but in no case later than October 1, 1989, the
Secretary shall submit to the Congress a report on the
findings of the studies, together with determinations based
upon such findings that would affect the definitions of terms
used in the formula that is set forth in subsection (c).
``(6) The Secretary shall include in the Bureau's
justification for each appropriations request for each fiscal
year beginning after fiscal year 1989, a projection of the
overall costs associated with the formula set forth in
subsection (c) for all tribal elementary or secondary
educational programs which the Secretary expects to be funded
in the fiscal year for which the appropriations are sought.
``(7) For purposes of this subsection, the size of tribal
elementary or secondary educational programs is determined by
the aggregate direct cost program funding level for all
Bureau funded programs which share common administrative cost
functions.
``(g)(1) There are authorized to be appropriated for each
fiscal year such sums as may be necessary to carry out this
section.
``(2) If the total amount of funds necessary to provide
grants to tribes and tribal organizations in the amounts
determined under subsection (b) for a fiscal year exceeds the
amount of funds appropriated to carry out this section for
such fiscal year, the Secretary shall reduce the amount of
each grant determined under subsection (b) for such fiscal
year by an amount that bears the same relationship to such
excess as the amount of such grant determined under
subsection (b) bears to the total of all grants determined
under subsection (b) for all tribes and tribal organizations
for such fiscal year.
``(h)(1) Notwithstanding any other provision of this
section, the amount of the grants provided under this section
for fiscal year 1989 shall--
``(A) in lieu of being determined under subsection (b), be
determined for each tribal elementary or secondary
educational program on the same basis that indirect costs
were determined for such programs for fiscal year 1988, and
``(B) be subject to the provisions of subsection (d).
``(2) Notwithstanding any other provision of this section,
the amount of the grant provided under this section for
fiscal year 1990 with respect to each tribal elementary and
secondary educational program that was operated by a tribe or
tribal organization in fiscal year 1989 shall be equal to--
``(A) if the amount of the grant determined under
subsection (b) for fiscal year 1990 with respect to such
program exceeds the amount received by the tribe or tribal
organization with respect to such program for administrative
costs for fiscal year 1988 (or fiscal year 1989 if such
program was not operated by the tribe or tribal organization
during fiscal year 1988), the sum of--
``(i) such amount received, plus
``(ii) \1/3\ of the excess of--
``(I) such amount determined under subsection (b), over
``(II) such amount received, or
``(B) if such amount received exceeds such amount
determined under subsection (b), the excess of--
``(i) such amount received, over
``(ii) an amount equal to \1/3\ of the excess of--
``(I) such amount received, over
``(II) such amount determined under subsection (b).
``(3) Notwithstanding any other provision of this section,
the amount of the grants provided under this section for
fiscal year 1991 with respect to each tribal elementary and
secondary educational program that was operated by a tribe or
tribal organization in fiscal year 1989 shall be equal to--
``(A) if the amount of the grant determined under
subsection (b) for fiscal year 1991 with respect to such
program exceeds the amount received by the tribe or tribal
organization with respect to such program for administrative
costs for fiscal year 1990, the sum of--
``(i) such amount received, plus
``(ii) \1/2\ of the excess of--
``(I) such amount determined under subsection (b), over
``(II) such amount received, or
``(B) if such amount received exceeds such amount
determined under subsection (b), the excess of--
``(i) such amount received, over
``(ii) an amount equal to \1/2\ of the excess of--
``(I) such amount received over,
``(II) such amount determined under subsection (b).
``(i) The provisions of this section shall also apply to
those schools operating under the Tribally Controlled Schools
Act of 1988.
``SEC. 1129. DIVISION OF BUDGET ANALYSIS.
``(a) Within 24 months of the date of enactment of the
Improving America's Schools Act of 1994, the Secretary shall
establish within the Office a Division of Budget Analysis
(hereinafter referred to as the `Division'). Such Division
shall be under the direct supervision and control of the
Director of the Office.
``(b) The Division shall have the capacity to conduct such
studies, surveys, or other activities as are necessary to
gather demographic information on Bureau-funded schools
(current and future) and project the amount necessary to
provide Indian students in such schools the educational
program set forth in this part.
``(c) The Division shall prepare projections on such
amounts, along with such other information as the Director of
the Office shall require, for each fiscal year beginning
after October 1, 1996. The Director of the Office and the
Assistant Secretary for Indian Affairs shall use such reports
when preparing their annual budget submissions.
``SEC. 1130. UNIFORM DIRECT FUNDING AND SUPPORT.
``(a)(1) Within six months after the date of enactment of
the Improving America's Schools Act of 1994, the Secretary
shall establish, by regulation adopted in accordance with
section 1139, a system for the direct funding and support of
all Bureau funded schools. Such system shall allot funds, in
accordance with section 1127. All amounts appropriated for
distribution under this section may be made available under
paragraph (2).
``(2)(A) For the purpose of affording adequate notice of
funding available pursuant to the allotments made by section
1127, amounts appropriated in an appropriation Act for any
fiscal year shall become available for obligation by the
affected schools on July 1 of the fiscal year in which such
amounts are appropriated without further action by the
Secretary, and shall remain available for obligation through
the succeeding fiscal year.
[[Page 2227]]
``(B) The Secretary shall, on the basis of the amount
appropriated in accordance with this paragraph--
``(i) publish, on July 1 of the fiscal year for which the
funds are appropriated, allotments to each affected school
made under section 1127 of 85 percent of such appropriation;
and
``(ii) publish, not later than September 30 of such fiscal
year, the allotments to be made under section 1127 of the
remaining 15 percent of such appropriation, adjusted to
reflect actual student attendance.
``(3)(A) Notwithstanding any law or regulation, the
supervisor of a Bureau school may expend an aggregate of not
more than $35,000 of the amount allotted the school under
section 1127 to acquire supplies and equipment for the school
without competitive bidding if--
``(i) the cost for any single item purchased does not
exceed $10,000;
``(ii) the school board approves the procurement;
``(iii) the supervisor certifies that the cost is fair and
reasonable;
``(iv) the documents relating to the procurement executed
by the supervisor or other school staff cite this paragraph
as authority for the procurement; and
``(v) the transaction is documented in a journal maintained
at the school clearly identifying when the transaction
occurred, what was acquired and from whom, the prices paid,
the quantities acquired, and any other information the
supervisor or school board considers relevant.
``(B) The Director shall be responsible for determining the
application of this paragraph, including the authorization of
specific individuals to carry out this paragraph, and shall
be responsible for the provision of guidelines on the use of
this paragraph and adequate training on such guidelines.
``(4) If a sequestration order issued under the Balanced
Budget and Emergency Deficit Control Act of 1985 reduces the
amount of funds available for allotment under section 1127
for any fiscal year by more than 7 percent of the amount of
funds available for allotment under such section during the
preceding fiscal year--
``(A) the Secretary, notwithstanding any other law, may
use--
``(i) funds appropriated for the operation of any Bureau
school that is closed or consolidated, and
``(ii) funds appropriated for any program that has been
curtailed at any Bureau school,
to fund allotments made under section 1127, and
``(B) the Secretary may waive the application of the
provisions of section 1121(h) with respect to the closure or
consolidation of a school, or the curtailment of a program at
a school, during such fiscal year if the funds described in
clauses (i) and (ii) of subparagraph (A) with respect to such
school are used to fund allotments made under section 1127
for such fiscal year.
``(b) In the case of all Bureau schools, allotted funds
shall be expended on the basis of local financial plans which
shall be prepared by the local school supervisor in active
consultation with the local school board for each school, and
the local school board for each school shall have the
authority to ratify, reject, or amend such financial plan,
and expenditures thereunder, and, on its own determination or
in response to the supervisor of the school, to revise such
financial plan to meet needs not foreseen at the time of
preparation of the financial plan. The supervisor shall
provide the appropriate union representative of the education
employees with copies of proposed draft financial plans and
all amendments or modifications thereto, at the same time
such copies are submitted to the local school board. The
supervisor of the school may appeal any such action of the
local school board to the appropriate education line officer
of the Bureau agency by filing a written statement describing
the action and the reasons the supervisor believes such
action should be overturned. A copy of such statement shall
be submitted to the local school board and such board shall
be afforded an opportunity to respond, in writing, to such
appeal. After reviewing such written appeal and response, the
appropriate education line officer may, for good cause,
overturn the action of the local school board. The
appropriate line education officer shall transmit the
determination of such appeal in the form of a written opinion
to such board and to such supervisor identifying the reasons
for overturning such action.
``(c) Funds for self-determination grants under section
103(a)(2) of the Indian Self-Determination and Education
Assistance Act shall not be used for providing technical
assistance and training in the field of education by the
Bureau unless such services are provided in accordance with a
plan, agreed to by the tribe or tribes affected and the
Bureau, under which control of education programs is intended
to be transferred to such tribe or tribes within a specific
period of time negotiated under such agreement. The Secretary
may approve applications for funding tribal divisions of
education and the development of tribal codes of education
from funds appropriated pursuant to section 104(a) of such
Act.
``(d) In the exercise of its authority under this section,
a local school board may request technical assistance and
training from the Secretary, and the Secretary shall, to the
greatest extent possible, provide such services, and make
appropriate provisions in the budget of the Office for such
services.
``(e)(1) A financial plan under subsection (b) for a school
may include, at the discretion of the local administrator and
the school board of such school, a provision for a summer
program of academic and support services for students of the
school. Any such program may include activities related to
the prevention of alcohol and substance abuse. The Assistant
Secretary of Indian Affairs shall provide for the utilization
of any such school facility during any summer in which such
utilization is requested.
``(2) Notwithstanding any other provision of law, funds
authorized under the Act of April 16, 1934 (25 U.S.C. 452 et
seq.) and this Act may be used to augment the services
provided in each summer program at the option, and under the
control, of the tribe or Indian controlled school receiving
such funds.
``(3) The Assistant Secretary of Indian Affairs, acting
through the Director of the Office, shall provide technical
assistance and coordination for any program described in
paragraph (1) and shall, to the extent possible, encourage
the coordination of such programs with any other summer
programs that might benefit Indian youth, regardless of the
funding source or administrative entity of any such program.
``(f)(1) From funds allotted to a Bureau school under
section 1127, the Secretary shall, if specifically requested
by the tribal governing body (within the meaning of section
1121(k)), implement any cooperative agreement entered into
between the tribe, the Bureau school board, and the local
public school district which meets the requirements of
paragraph (2) and involves the school. The tribe, the Bureau
school board, and the local public school district shall
determine the terms of the agreement. Such agreement may
encompass coordination of all or any part of the following:
``(A) Academic program and curriculum, unless the Bureau
school is currently accredited by a State or regional
accrediting entity and would not continue to be so
accredited.
``(B) Support services, including procurement and
facilities maintenance.
``(C) Transportation.
``(2) Each agreement entered into pursuant to the authority
provided in paragraph (1) shall confer a benefit upon the
Bureau school commensurate with the burden assumed, though
this requirement shall not be construed so as to require
equal expenditures or an exchange of similar services.
``(g) Notwithstanding any other provision of law, where
there is agreement on action between the superintendent and
the school board of a Bureau funded school, the product or
result of a project conducted in whole or in major part by a
student may be given to that student upon the completion of
such project.
``(h) Notwithstanding any other provision of law, funds
received by a Bureau funded school under this title shall not
be considered Federal funds for purposes of meeting a
matching funds requirement in any Federal program.
``SEC. 1131. POLICY FOR INDIAN CONTROL OF INDIAN EDUCATION.
``(a) It shall be the policy of the Secretary and the
Bureau, in carrying out the functions of the Bureau, to
facilitate Indian control of Indian affairs in all matters
relating to education.
``(b)(1) All actions under this Act shall be done with
active consultation with tribes.
``(2) The consultation required under paragraph (1) means a
process involving the open discussion and joint deliberation
of all options with respect to potential issues or changes
between the Bureau and all interested parties. During such
discussions and joint deliberations, interested parties
(including tribes and school officials) shall be given an
opportunity to present issues including proposals regarding
changes in current practices or programs which will be
considered for future action by the Bureau. All interested
parties shall be given an opportunity to participate and
discuss the options presented or to present other
alternatives, with the views and concerns of the interested
parties given effect unless the Secretary determines, from
information educed or presented by the interested parties
during 1 or more of the discussions and deliberations, that
there is a substantial reason for another course of action.
The Secretary shall submit to any Member of Congress, within
18 days of the receipt of a written request by such Member, a
written explanation of any decision made by the Secretary
which is not consistent with the views of the interested
parties.
``SEC. 1132. EDUCATION PERSONNEL.
``(a)(1) Chapter 51, subchapter III of chapter 53, and
chapter 63 of title 5, United States Code, relating to
classification, pay, and leave, respectively, and the
sections of such title relating to the appointment,
promotion, and removal of civil service employees, shall not
apply to educators or to education positions (as defined in
subsection (n)).
``(2) Paragraph (1) shall take effect 1 year after the date
of enactment of this Act.
``(b) Not later than the effective date of subsection
(a)(2), the Secretary shall prescribe regulations to carry
out this section. Such regulations shall govern--
``(1) the establishment of education positions,
``(2) the establishment of qualifications for educators,
``(3) the fixing of basic compensation for educators and
education positions,
``(4) the appointment of educators,
``(5) the discharge of educators,
``(6) the entitlement of educators to compensation,
[[Page 2228]]
``(7) the payment of compensation to educators,
``(8) the conditions of employment of educators,
``(9) the length of the school year applicable to education
positions described in subsection (n)(1)(A),
``(10) the leave system for educators, and
``(11) such other matters as may be appropriate.
``(c)(1) In prescribing regulations to govern the
qualifications of educators, the Secretary shall require--
``(A)(i) that lists of qualified and interviewed applicants
for education positions be maintained in each agency and area
office of the Bureau from among individuals who have applied
at the agency or area level for an education position or who
have applied at the national level and have indicated in such
application an interest in working in certain areas or
agencies; and
``(ii) that a list of qualified and interviewed applicants
for education positions be maintained in the Office from
among individuals who have applied at the national level for
an education position and who have expressed interest in
working in an education position anywhere in the United
States;
``(B) that a local school board shall have the authority to
waive on a case-by-case basis, any formal education or degree
qualifications established by regulation pursuant to
subsection (b)(2), in order for a tribal member to be hired
in an education position to teach courses on tribal culture
and language and that subject to subsection (d)(2)(A), a
determination by a school board that such a person be hired
shall be followed by the supervisor; and
``(C) that it shall not be a prerequisite to the employment
of an individual in an education position at the local level
that such individual's name appear on the national list
maintained pursuant to paragraph (1)(A)(ii) or that such
individual has applied at the national level for an education
position.
``(2) The Secretary may authorize the temporary employment
in an education position of an individual who has not met the
certification standards established pursuant to regulations,
if the Secretary determines that failure to do so would
result in that position remaining vacant.
``(d)(1) In prescribing regulations to govern the
appointment of educators, the Secretary shall require--
``(A)(i) that educators employed in a school (other than
the supervisor of the school) shall be hired by the
supervisor of the school unless there are no qualified
applicants available, in which case the vacant position shall
be filed at the national level from the list maintained
pursuant to subsection (c)(1)(A)(ii);
``(ii) each school supervisor shall be hired by the
education line officer of the agency office of the Bureau in
which the school is located, and
``(iii) educators employed in an agency office of the
Bureau shall be hired by the superintendent for education of
the agency office;
``(B) that before an individual is employed in an education
position in a school by the supervisor of a school (or, with
respect to the position of supervisor, by the appropriate
agency education line officer), the local school board for
the school shall be consulted, and that subject to paragraph
(2), a determination by the school board that such individual
should or should not be so employed shall be followed by the
supervisor (or with respect to the position of supervisor, by
the agency superintendent for education); and
``(C) that before an individual may be employed in an
education position at the agency level, the appropriate
agency school board shall be consulted, and that, subject to
paragraph (3), a determination by such school board that such
individual should or should not be employed shall be followed
by the agency superintendent for education.
``(2)(A) The supervisor of a school may appeal to the
appropriate agency education line officer any determination
by the local school board for the school that an individual
be employed, or not be employed, in an education position in
the school (other than that of supervisor) by filing a
written statement describing the determination and the
reasons the supervisor believes such determination should be
overturned. A copy of such statement shall be submitted to
the local school board and such board shall be afforded an
opportunity to respond, in writing, to such appeal. After
reviewing such written appeal and response, the education
line officer may, for good cause, overturn the determination
of the local school board. The education line officer shall
transmit the determination of such appeal in the form of a
written opinion to such board and to such supervisor
identifying the reasons for overturning such determination.
``(B) The education line officer of an agency office of the
Bureau may appeal to the Director of the Office any
determination by the local school board for the school that
an individual be employed, or not be employed, as the
supervisor of a school by filing a written statement
describing the determination and the reasons the supervisor
believes such determination should be overturned. A copy of
such statement shall be submitted to the local school board
and such board shall be afforded an opportunity to respond,
in writing, to such appeal. After reviewing such written
appeal and response, the Director may, for good cause,
overturn the determination of the local school board. The
Director shall transmit the determination of such appeal in
the form of a written opinion to such board and to such
education line officer identifying the reasons for
overturning such determination.
``(3) The education line officer of an agency office of the
Bureau may appeal to the Director of the Office any
determination by the agency school board that an individual
be employed, or not be employed, in an education position in
such agency office by filing a written statement describing
the determination and the reasons the supervisor believes
such determination should be overturned. A copy of such
statement shall be submitted to the agency school board and
such board shall be afforded an opportunity to respond, in
writing, to such appeal. After reviewing such written appeal
and response, the Director may, for good cause, overturn the
determination of the agency school board. The Director shall
transmit the determination of such appeal in the form of a
written opinion to such board and to such education line
officer identifying the reasons for overturning such
determination.
``(4) Any individual who applies at the local level for an
education position shall state on such individual's
application whether or not such individual has applied at the
national level for an education position in the Bureau. If
such individual is employed at the local level, such
individual's name shall immediately be forwarded to the
Secretary, who shall, as soon as possible but in no event in
more than 30 days, ascertain the accuracy of the statement
made by such individual pursuant to the first sentence of
this paragraph. If the individual's statement is found to
have been false, such individual, at the Secretary's
discretion, may be disciplined or discharged. If the
individual had applied at the national level for an education
position in the Bureau, the appointment of such individual at
the local level shall be conditional for a period of 90 days,
during which period the Secretary may appoint a more
qualified individual (as determined by the Secretary) from
the list maintained at the national level pursuant to
subsection (c)(1)(A)(ii) to the position to which such
individual was appointed.
``(5) Except as expressly provided, nothing in this section
shall be construed as conferring upon local school boards,
authority over, or control of, educators.
``(e)(1) In prescribing regulations to govern the discharge
and conditions of employment of educators, the Secretary
shall require--
``(A) that procedures be established for the rapid and
equitable resolution of grievances of educators;
``(B) that no educator may be discharged without notice of
the reasons therefore and opportunity for a hearing under
procedures that comport with the requirements of due process;
and
``(C) educators employed in Bureau schools shall be
notified 60 days prior to the end of the school year whether
their employment contract will be renewed for the following
year.
``(2) The supervisor of a Bureau school may discharge
(subject to procedures established under paragraph (1)(B) for
cause (as determined under regulations prescribed by the
Secretary) any educator employed in such school. Upon giving
notice of proposed discharge to an educator, the supervisor
involved shall immediately notify the local school board for
the school of such action. A determination by the local
school board that such educator shall not be discharged shall
be followed by the supervisor. The supervisor shall have the
right to appeal such action to the education line officer of
the appropriate agency office of the Bureau. Upon such an
appeal, the agency education line officer may, for good cause
and in writing to the local school board, overturn the
determination of the local school board with respect to the
employment of such individual.
``(3) Each local school board for a Bureau school shall
have the right--
``(A) to recommend to the supervisor of such school that an
educator employed in the school be discharged; and
``(B) to recommend to the education line officer of the
appropriate agency office of the Bureau and to the Director
of the Office, that the supervisor of the school be
discharged.
``(f)(1) Notwithstanding any provision of the Indian
preference laws, such laws shall not apply in the case of any
personnel action within the purview of this section
respecting an applicant or employee not entitled to Indian
preference if each tribal organization concerned grants, in
writing, a waiver of the application of such laws with
respect to such personnel action, if such a waiver is in
writing deemed to be a necessity by the tribal organization,
except that this paragraph shall in no way relieve the Bureau
of the Bureau's responsibility to issue timely and adequate
announcements and advertisements concerning any such
personnel action if such action is intended to fill a vacancy
(no matter how such vacancy is created).
``(2) For purposes of this subsection, the term `tribal
organization' means--
``(A) the recognized governing body of any Indian tribe,
band, nation, pueblo, or other organized community, including
a Native village (as defined in section 3(c) of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602(c); 85 Stat.
688)); or
``(B) in connection with any personnel action referred to
in this subsection, any local school board as defined in
section 1146, and which has been delegated by such governing
body the authority to grant a waiver under such subsection
with respect to such personnel action.
[[Page 2229]]
``(3) The term `Indian preference laws' means section 12 of
the Act of June 18, 1934 (25 U.S.C. 472; 48 Stat. 986) or any
other provision of law granting a preference to Indians in
promotions and other personnel actions, except that such term
shall not be considered to include section 7(b) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450e(b)).
``(g) Subject to the authority of the Office of Personnel
Management to determine finally the applicability of chapter
51 of title 5, United States Code, to specific positions and
employees in the executive branch, the Secretary shall
determine in accordance with subsection (a)(1) the
applicability or inapplicability of such chapter to positions
and employees in the Bureau.
``(h)(1)(A) Except as otherwise provided in this section,
the Secretary shall fix the basic compensation or annual
salary rate for educators and education positions at rates
comparable to the rates in effect under the General Schedule
for individuals with comparable qualifications, and holding
comparable positions, to whom chapter 51 of title 5, United
States Code, is applicable or on the basis of the Federal
Wage System schedule in effect for the locality.
``(B) By not later than October 28, 1988, the Secretary
shall establish, for contracts for the 1991-1992 academic
year, and thereafter, the rates of basic compensation, or
annual salary rates, for the positions of teachers and
counselors (including dormitory counselors and home-living
counselors) at the rates of basic compensation applicable (on
the date of enactment of such Amendments and thereafter) to
comparable positions in overseas schools under the Defense
Department Overseas Teachers Pay and Personnel Practices Act,
unless the Secretary establishes such rates within such 6-
month period through collective bargaining with the
appropriate union representative of the education employees
that is recognized by the Bureau.
``(C) By not later than October 28, 1988, the Secretary
shall establish the rates of basic compensation or annual
salary rates for the positions of teachers and counselors
(including dormitory and home-living counselors)--
``(i) for contracts for the 1989-1990 academic year, at
rates which reflect \1/3\ of the changes in the rates
applicable to such positions on April 28, 1988, that must be
made to conform the rates to the rates established under
subparagraph (B) for such positions for contracts for the
1991-1992 academic year, and
``(ii) for contracts for the 1990-1991 academic year, at
rates which reflect \2/3\ of such changes.
``(D) The establishment of rates of basic compensation and
annual salary rates by the Secretary under subparagraphs (B)
and (C) shall not preclude the use of regulations and
procedures used by the Bureau before the enactment of the
Indian Education Amendments of 1988 in making determinations
regarding promotions and advancements through levels of pay
that are based on the merit, education, experience, or tenure
of the educator.
``(E)(i) Except as provided in clause (ii), the
establishment of rates of basic compensation and annual
salary rates by the Secretary under subparagraphs (B) and (C)
shall not affect the continued employment or compensation of
an educator who was employed in an education position on
October 31, 1979, and who did not make the election under
paragraph (2) of subsection (o).
``(ii) Any individual described in clause (i) may, during
the 5-year period beginning on the date on which the
Secretary establishes rates of basic compensation and annual
salary rates under subparagraph (B), make an irrevocable
election to have the basic compensation rate or annual salary
rate of such individual determined in accordance with this
paragraph.
``(iii) If an individual makes the election described in
clause (ii), such election shall not affect the application
to the individual of the same retirement system and leave
system that applies to the individual during the fiscal year
preceding the fiscal year in which such election is made,
except that the individual must use leave accrued during a
contract period by the end of that contract period.
``(F) The President shall include with the budget submitted
under section 1105 of title 31, United States Code, for each
of the fiscal years 1990, 1991, and 1992 a written statement
by the Secretary which specifies--
``(i) the amount of funds the Secretary needs to pay basic
compensation and the annual salaries of educators for such
fiscal year, and
``(ii) the amount of funds the Secretary estimates would be
needed to pay basic compensation and the annual salaries of
educators for such fiscal year if the amendments made to this
paragraph by the Indian Education Amendments of 1988 had not
been enacted.
``(2) Each educator employed in an education position in
Alaska shall be paid a cost-of-living allowance equal to 25
percent of the rate of basic compensation to which such
educator is entitled.
``(3)(A) The Secretary may pay a postdifferential not to
exceed 25 percent of the rate of basic compensation, on the
basis of conditions of environment or work which warrant
additional pay as a recruitment and retention incentive.
``(B)(i) Upon the request of the supervisor and the local
school board of a Bureau school, the Secretary shall grant
the supervisor of the school authorization to provide 1 or
more post differentials under subparagraph (A) unless the
Secretary determines for clear and convincing reasons (and
advises the board in writing of those reasons) that certain
of the requested post differentials should be disapproved or
decreased because there is no disparity of compensation for
the involved employees or positions in the Bureau school, as
compared with the nearest public school, that is either--
``(I) at least 5 percent, or
``(II) less than 5 percent and affects the recruitment or
retention of employees at the school.
``(ii) The request under clause (i) shall be deemed granted
as requested at the end of the 60th day after the request is
received in the Central Office of the Bureau unless before
that time the request is approved, approved with
modification, or disapproved by the Secretary.
``(iii) The Secretary or the supervisor of a Bureau school
may discontinue or decrease a post differential authorized by
reason of this subparagraph at the beginning of a school year
after either--
``(I) the local school board requests that such
differential be discontinued or decreased, or
``(II) the Secretary or the supervisor determines for clear
and convincing reasons (and advises the board in writing of
those reasons) that there is no disparity of compensation
that would affect the recruitment or retention of employees
at the school after the differential is discontinued or
decreased.
``(iv) On or before February 1 of each year, the Secretary
shall submit to Congress a report describing the requests and
grants of authority under this subparagraph during the
previous fiscal year and listing the positions contracted
under those grants of authority.
``(i) Any individual--
``(1) who on the date of enactment of this Act is holding a
position which is determined under subsection (f) to be an
education position and who elects under subsection (o)(2) to
be covered under the provisions of this section, or
``(2) who is an employee of the Federal Government or the
municipal government of the District of Columbia and is
transferred, promoted, or reappointed, without break in
service, from a position under a different leave system to an
education position,
shall be credited for the purpose of the leave system
provided under regulations prescribed pursuant to subsection
(b)(10), with the annual and sick leave to such individual's
credit immediately before the effective date of such
election, transfer, promotion, or reappointment.
``(j) Upon termination of employment with the Bureau, any
annual leave remaining to the credit of an individual within
the purview of this section shall be liquidated in accordance
with sections 5551(a) and 6306 of title 5, United States
Code, except that leave earned or accrued under regulations
prescribed pursuant to subsection (b)(10) shall not be so
liquidated.
``(k) In the case of any educator who is transferred,
promoted, or reappointed, without break in service, to a
position in the Federal Government under a different leave
system, any remaining leave to the credit of such person
earned or credited under the regulations prescribed pursuant
to subsection (b)(10) shall be transferred to such person's
credit in the employing agency on an adjusted basis in
accordance with regulations which shall be prescribed by the
Office of Personnel Management.
``(l) An educator who voluntarily terminates employment
with the Bureau before the expiration of the existing
employment contract between such educator and the Bureau
shall not be eligible to be employed in another education
position in the Bureau during the remainder of the term of
such contract.
``(m) In the case of any educator employed in an education
position described in subsection (n)(1)(A) who--
``(1) is employed at the close of a school year,
``(2) agrees in writing to serve in such a position for the
next school year, and
``(3) is employed in another position during the recess
period immediately preceding such next school year, or during
such recess period receives additional compensation referred
to in section 5533 of title 5, United States Code, relating
to dual compensation, shall not apply to such educator by
reason of any such employment during a recess period for any
such receipt of additional compensation.
``(n) For the purpose of this section--
``(1) The term `education position' means a position in the
Bureau the duties and responsibilities of which--
``(A) are performed on a school-year basis principally in a
Bureau school and involve--
``(i) classroom or other instruction or the supervision or
direction of classroom or other instruction;
``(ii) any activity (other than teaching) which requires
academic credits in educational theory and practice equal to
the academic credits in educational theory and practice
required for a bachelor's degree in education from an
accredited institution of higher education;
``(iii) any activity in or related to the field of
education notwithstanding that academic credits in
educational theory and practice are not a formal requirement
for the conduct of such activity; or
``(iv) support services at, or associated with, the site of
the school; or
``(B) are performed at the agency level of the Bureau and
involve the implementation of education-related programs
other than the
[[Page 2230]]
position for agency superintendent for education.
``(2) The term `educator' means an individual whose
services are required, or who is employed, in an education
position.
``(o)(1) Subsections (a) through (n) of this section apply
to an educator hired after November 1, 1979 (and to an
educator who elected application under paragraph (2)) and to
the position in which such individual is employed. Subject to
paragraph (2), the enactment of this Act shall not affect the
continued employment of an individual employed on October 31,
1979 in an education position, or such individual's right to
receive the compensation attached to such position.
``(2) Any individual employed in an education position on
October 31, 1979, may, not later than November 1, 1983, make
an irrevocable election to be covered under the provisions of
subsection (a) through (n) of this section.
``(p)(1) An educator who was employed in an education
position on October 31, 1979, who was eligible to make an
election under paragraph (2) of subsection (o) at that time,
and who did not make the election under paragraph (2) of
subsection (o), may not be placed on furlough (within the
meaning of section 7511(a)(5) of title 5, United States Code)
without the consent of such educator for an aggregate of more
than 4 weeks within the same calendar year, unless--
``(A) the supervisor, with the approval of the local school
board (or of the education line officer upon appeal under
paragraph (2)), of the Bureau school at which such educator
provides services determines that a longer period of furlough
is necessary due to an insufficient amount of funds available
for personnel compensation at such school, as determined
under the financial plan process as determined under section
1130(b) of this Act, and
``(B) all educators (other than principals and clerical
employees) providing services at such Bureau school are
placed on furloughs of equal length, except that the
supervisor, with the approval of the local school board (or
of the agency education line officer upon appeal under
paragraph (2)), may continue 1 or more educators in pay
status if--
``(i) such educators are needed to operate summer programs,
attend summer training sessions, or participate in special
activities including curriculum development committees; and
``(ii) such educators are selected based upon such
educator's qualifications, after public notice of the minimum
qualifications reasonably necessary and without
discrimination as to supervisory, nonsupervisory, or other
status of the educators who apply.
``(2) The supervisor of a Bureau school may appeal to the
appropriate agency education line officer any refusal by the
local school board to approve any determination of the
supervisor that is described in paragraph (1)(A) by filing a
written statement describing the determination and the
reasons the supervisor believes such determination should be
approved. A copy of such statement shall be submitted to the
local school board and such board shall be afforded an
opportunity to respond, in writing, to such appeal. After
reviewing such written appeal and response, the education
line officer may, for good cause, approve the determination
of the supervisor. The educational line officer shall
transmit the determination of such appeal in the form of a
written opinion to such local school board and to the
supervisor identifying the reasons for approving such
determination.
``SEC. 1133. MANAGEMENT INFORMATION SYSTEM.
``The Secretary shall establish within the Office, within 1
year after the date of the enactment of the Indian Education
Amendments of 1984, a computerized management information
system, which shall provide information to the Office. Such
information shall include--
``(1) student enrollment;
``(2) curriculum;
``(3) staff;
``(4) facilities;
``(5) community demographics;
``(6) student assessment information; and
``(7) information on the administrative and program costs
attributable to each Bureau program, divided into discreet
elements.
``SEC. 1134. BUREAU EDUCATION POLICIES.
``Within 180 days of the date of enactment of this Act, the
Secretary shall develop, publish in the Federal Register, and
submit to all agency and area offices of the Bureau, all
tribal governments, and the appropriate committees of the
Congress, a draft set of education policies, procedures, and
practices for education-related action of the Bureau. The
Secretary shall, within 1 year of the date of enactment of
this Act, provide that such uniform policies, procedures, and
practices shall be finalized and promulgated. Thereafter,
such policies, procedures, and practices and their periodic
revisions, shall serve as the foundation for future Bureau
actions in education.
``SEC. 1135. UNIFORM EDUCATION PROCEDURES AND PRACTICES.
``The Secretary shall cause the various divisions of the
Bureau to formulate uniform procedures and practices with
respect to such concerns of those divisions as relate to
education, and shall report such practices and procedures to
the Congress.
``SEC. 1136. RECRUITMENT OF INDIAN EDUCATORS.
``The Secretary shall institute a policy for the
recruitment of qualified Indian educators and a detailed plan
to promote employees from within the Bureau. Such plan shall
include opportunities for acquiring work experience prior to
actual work assignment.
``SEC. 1137. ANNUAL REPORT.
``(a) The Secretary shall submit to each appropriate
committee of the Congress a detailed annual report on the
state of education within the Bureau and any problems
encountered in the field of education during the year. Such
report shall contain suggestions for improving the Bureau
educational system and increasing local Indian control of
such system. Such report shall also include the current
status of tribally controlled community colleges. The annual
budget submission for the Bureau's education programs shall,
among other things, include--
``(1) information on the funds provided previously private
schools under section 208 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 458d) and
recommendations with respect to the future use of such funds;
``(2) the needs and costs of operation and maintenance of
tribally controlled community colleges eligible for
assistance under the Tribally Controlled Community College
Assistance Act of 1978 (25 U.S.C. 1801 et seq.) and
recommendations with respect to meeting such needs and costs;
and
``(3) the plans required by section 1121(g) and 1122(c),
and 1125(b), of this Act.
``(b) The Inspector General of the Department of the
Interior shall establish a system to ensure that financial
and compliance audits are conducted of each Bureau school at
least once in every three years. Audits of Bureau schools
shall be based upon the extent to which such school has
complied with its local financial plan under section 1129.
``SEC. 1138. RIGHTS OF INDIAN STUDENTS.
``Within six months of the date of enactment of this Act,
the Secretary shall prescribe such rules and regulations as
are necessary to ensure the constitutional and civil rights
of Indian students attending Bureau schools, including such
students' right to privacy under the laws of the United
States, such students' right to freedom of religion and
expression and such students' right to due process in
connection with disciplinary actions, suspensions, and
expulsions.
``SEC. 1139. REGULATIONS.
``Regulations required to be adopted under sections 1126
through 1138 and any revisions of the standards developed
under section 1121 or 1122 shall be deemed rules of general
applicability prescribed for the administration of an
applicable program for the purposes of section 437 of the
General Education Provisions Act and shall be promulgated,
submitted for congressional review, and take effect in
accordance with the provisions of such section. Such
regulations shall contain, immediately following each
substantive provision of such regulations, citations to the
particular section or sections of statutory law or other
legal authority upon which such provision is based.
``SEC. 1140. VOLUNTARY SERVICES.
``Notwithstanding section 1342 of title 31, United States
Code, the Secretary may, subject to the approval of the local
school board concerned, accept voluntary services on behalf
of Bureau schools. Nothing in this title shall be construed
to require Federal employees to work without compensation or
to allow the use of volunteer services to displace or replace
Federal employees. An individual providing volunteer services
under this section is a Federal employee only for purposes of
chapter 81 of title 5, United States Code, and chapter 171 of
title 28, United States Code.
``SEC. 1141. PRORATION OF PAY.
``(a) Notwithstanding any other provision of law, including
laws relating to dual compensation, the Secretary, at the
election of the employee, shall prorate the salary of an
employee employed in an education position for the academic
school year over the entire 12-month period. Each educator
employed for the academic school year shall annually elect to
be paid on a 12-month basis or for those months while school
is in session. No educator shall suffer a loss of pay or
benefits, including benefits under unemployment or other
Federal or federally assisted programs, because of such
election.
``(b) During the course of such year the employee may
change election once.
``(c) That portion of the employee's pay which would be
paid between academic school years may be paid in lump sum at
the election of the employee.
``(d) For the purposes of this section the terms `educator'
and `education position' have the meaning contained in
paragraphs (1) and (2) of section 1132(n). This section
applies to those individuals employed under the provisions of
section 1132 of this title or title 5, United States Code.
``SEC. 1142. EXTRACURRICULAR ACTIVITIES.
``(a) Notwithstanding any other provision of law, the
Secretary may provide, for each Bureau area, a stipend in
lieu of overtime premium pay or compensatory time off. Any
employee of the Bureau who performs additional activities to
provide services to students or otherwise support the
school's academic and social programs may elect to be
compensated for all such work on the basis of the stipend.
Such stipend shall be paid as a supplement to the employee's
base pay.
``(b) If an employee elects not to be compensated through
the stipend established by this section, the appropriate
provisions of title 5, United States Code, shall apply.
``(c) This section applies to all Bureau employees, whether
employed under section 1132 of this title or title 5, United
States Code.
[[Page 2231]]
``SEC. 1143. EARLY CHILDHOOD DEVELOPMENT PROGRAM.
``(a) The Secretary shall provide grants to tribes, tribal
organizations, and consortia of tribes and tribal
organizations to fund early childhood development programs
that are operated by such tribes, organizations, or
consortia.
``(b)(1) The total amount of the grants provided under
subsection (a) with respect to each tribe, tribal
organization, or consortium of tribes or tribal organizations
for each fiscal year shall be equal to the amount which bears
the same relationship to the total amount appropriated under
the authority of subsection (f) for such fiscal year (less
amounts provided under subsection (e)) as--
``(A) the total number of children under 6 years of age who
are members of--
``(i) such tribe,
``(ii) the tribe that authorized such tribal organization,
or
``(iii) any tribe that--
``(I) is a member of such consortium, or
``(II) authorizes any tribal organization that is a member
of such consortium, bears to
``(B) the total number of all children under 6 years of age
who are members of any tribe that--
``(i) is eligible to receive funds under subsection (a),
``(ii) is a member of a consortium that is eligible to
receive such funds, or
``(iii) authorizes a tribal organization that is eligible
to receive such funds.
``(2) No grant may be provided under subsection (a)--
``(A) to any tribe that has less than 500 members,
``(B) to any tribal organization which is authorized--
``(i) by only 1 tribe that has less than 500 members, or
``(ii) by 1 or more tribes that have a combined total
membership of less than 500 members, or
``(C) to any consortium composed of tribes, or tribal
organizations authorized by tribes, that have a combined
total tribal membership of less than 500 members.
``(c)(1) A grant may be provided under subsection (a) to a
tribe, tribal organization, or consortia of tribes and tribal
organizations only if the tribe, organization or consortia
submits to the Secretary an application for the grant at such
time and in such form as the Secretary shall prescribe.
``(2) Applications submitted under paragraph (1) shall set
forth the early childhood development program that the
applicant desires to operate.
``(d) The early childhood development programs that are
funded by grants provided under subsection (a)--
``(1) shall coordinate existing programs and may provide
services that meet identified needs of parents and children
under 6 years of age which are not being met by existing
programs, including--
``(A) prenatal care,
``(B) nutrition education,
``(C) health education and screening,
``(D) educational testing, and
``(E) other educational services,
``(2) may include instruction in the language, art, and
culture of the tribe, and
``(3) shall provide for periodic assessment of the program.
``(e) The Secretary shall, out of funds appropriated under
the authority of subsection (f), include in the grants
provided under subsection (a) amounts for administrative
costs incurred by the tribe or tribal organization in
establishing and maintaining the early childhood development
program.
``(f) For the purpose of carrying out the provisions of
this section, there are authorized to be appropriated
$10,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``SEC. 1144. TRIBAL DEPARTMENTS OF EDUCATION.
``(a) Subject to the availability of appropriations, the
Secretary shall provide grants and technical assistance to
tribes for the development and operation of tribal
departments of education for the purpose of planning and
coordinating all educational programs of the tribe.
``(b) Grants provided under this section shall--
``(1) be based on applications from the governing body of
the tribe,
``(2) reflect factors such as geographic and population
diversity,
``(3) facilitate tribal control in all matters relating to
the education of Indian children on Indian reservations and
on former Indian reservations in Oklahoma,
``(4) provide for the development of coordinated
educational programs on Indian reservations (including all
preschool, elementary, secondary, and higher or vocational
educational programs funded by tribal, Federal, or other
sources) by encouraging tribal administrative support of all
Bureau funded educational programs as well as encouraging
tribal cooperation and coordination with all educational
programs receiving financial support from State agencies,
other Federal agencies, or private entities,
``(5) provide for the development and enforcement of tribal
educational codes, including tribal educational policies and
tribal standards applicable to curriculum, personnel,
students, facilities, and support programs, and
``(6) otherwise comply with regulations for grants under
section 103(a) of the Indian Self-Determination and
Educational Assistance Act (25 U.S.C. 450h) that are in
effect on the date application for such grants are made.
``(c)(1) In approving and funding applications for grants
under this section, the Secretary shall give priority to any
application that--
``(A) includes assurances from the majority of Bureau
funded schools located within the boundaries of the
reservation of the applicant that the tribal department of
education to be funded under this section will provide
coordinating services and technical assistance to all of such
schools, including the submission to each applicable agency
of a unified application for funding for all of such schools
which provides that--
``(i) no administrative costs other than those attributable
to the individual programs of such schools will be associated
with the unified application, and
``(ii) the distribution of all funds received under the
unified application will be equal to the amount of funds
provided by the applicable agency to which each of such
schools is entitled under law,
``(B) includes assurances from the tribal governing body
that the tribal department of education funded under this
section will administer all contracts or grants (except those
covered by the other provisions of this title and the
Tribally Controlled Community College Assistance Act of 1978)
for education programs administered by the tribe and will
coordinate all of the programs to the greatest extent
possible,
``(C) includes assurances for the monitoring and auditing
by or through the tribal department of education of all
education programs for which funds are provided by contract
or grant to ensure that the programs meet the requirements of
law, and
``(D) provides a plan and schedule for--
``(i) the assumption over the term of the grant by the
tribal department of education of all assets and functions of
the Bureau agency office associated with the tribe, insofar
as those responsibilities relate to education, and
``(ii) the termination by the Bureau of such operations and
office at the time of such assumption,
except that when mutually agreeable between the tribal
governing body and the Assistant Secretary, the period in
which such assumption is to occur may be modified, reduced,
or extended after the initial year of the grant.
``(2) Subject to the availability of appropriated funds,
grants provided under this section shall be provided for a
period of 3 years and the grant may, if performance by the
grantee is satisfactory to the Secretary, be renewed for
additional 3-year terms.
``(d) The Secretary shall not impose any terms, conditions,
or requirements on the provision of grants under this section
that are not specified in this section.
``(e) For the purpose of carrying out the provisions of
this section, there are authorized to be appropriated
$2,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``SEC. 1145. PAYMENTS.
``(a)(1) Except as otherwise provided in this subsection,
the Secretary shall make payments to grantees under this part
in 2 payments--
``(A) one payment to be made not later than July 15 of each
year in an amount equal to one-half of the amount which the
grantee was entitled to receive during the preceding academic
year, and
``(B) the second payment, consisting of the remainder to
which the grantee is entitled for the academic year, shall be
made not later than December 1 of each year.
``(2) For any school for which no payment was made from
Bureau funds in the preceding academic year, full payment of
the amount computed for the first academic year of
eligibility under this part shall be made not later than
December 1 of the academic year.
``(3) With regard to funds for grantees that become
available for obligation on October 1 of the fiscal year for
which such funds are appropriated, the Secretary shall make
payments to grantees not later than December 1 of the fiscal
year.
``(4) The provisions of chapter 39 of title 31, United
States Code, shall apply to the payments required to be made
by paragraphs (1), (2), and (3) of this subsection.
``SEC. 1146. DEFINITIONS.
``For the purpose of this part, unless otherwise
specified--
``(1) the term `agency school board' means a body, the
members of which are appointed by the school boards of the
schools located within such agency, and the number of such
members shall be determined by the Secretary in consultation
with the affected tribes, except that, in agencies serving a
single school, the school board of such school shall fulfill
these duties;
``(2) the term `Bureau' means the Bureau of Indian Affairs
of the Department of the Interior;
``(3) the term `Bureau funded school' means--
``(A) a Bureau school;
``(B) a contract school; or
``(C) a school for which assistance is provided under the
Tribally Controlled Schools Act of 1988;
``(4) the term `Bureau school' means a Bureau operated
elementary or secondary day or boarding school or a Bureau
operated dormitory for students attending a school other than
a Bureau school;
``(5) the term `contract or grant school' means an
elementary or secondary school or
[[Page 2232]]
a dormitory which receives financial assistance for its
operation under a contract, grant, or agreement with the
Bureau under section 102, 103(a), or 208 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450f,
450h(a), and 458d) or under the Tribally Controlled Schools
Act of 1988 (25 U.S.C. 2504);
``(6) the term `education line officer' means education
personnel under the supervision of the Director, whether
located in central, area, or agency offices;
``(7) the term `financial plan' means a plan of services to
be provided by each Bureau school;
``(8) the term `Indian organization' means any group,
association, partnership, corporation, or other legal entity
owned or controlled by a federally recognized Indian tribe or
tribes, or a majority of whose members are members of
federally recognized Indian tribes;
``(9) the term `local educational agency' means a board of
education or other legally constituted local school authority
having administrative control and direction of free public
education in a county, township, independent, or other school
district located within a State, and includes any State
agency which directly operates and maintains facilities for
providing free public education;
``(10) the term `local school board', when used with
respect to a Bureau school, means a body chosen in accordance
with the laws of the tribe to be served or, in the absence of
such laws, elected by the parents of the Indian children
attending the school, except that in schools serving a
substantial number of students from different tribes, the
members shall be appointed by the governing bodies of the
tribes affected, and the number of such members shall be
determined by the Secretary in consultation with the affected
tribes;
``(11) the term `Office' means the Office of Indian
Education Programs within the Bureau;
``(12) the term `Secretary' means the Secretary of the
Interior;
``(13) the term `supervisor' means the individual in the
position of ultimate authority at a Bureau school; and
``(14) the term `tribe' means any Indian tribe, band,
nation, or other organized group or community, including any
Alaska Native village or regional or village corporation as
defined in or established pursuant to the Alaska Native
Claims Settlement Act (43 U.S.C. 1801 et seq.) which is
recognized as eligible for the special programs and services
provided by the United States to Indians because of their
status as Indians.''.
SEC. 382. TRIBALLY CONTROLLED SCHOOLS ACT OF 1988.
(a) New Construction.--The second sentence of paragraph (4)
of section 5205(b) of the Tribally Controlled Schools Act of
1988 (25 U.S.C. 2504(b)(4)) is amended by striking ``were
received.'' and inserting ``were received, except that a
school receiving a grant under this part for facilities
improvement and repair may use such grant funds for new
construction if the tribal government or other organization
provides funding for the new construction equal to at least
one-fourth of the total cost of such new construction.''.
(b) Composition of Grants.--Subsection (b) of section 5205
of the Tribally Controlled Schools Act of 1988 (25 U.S.C.
2504(b)) is further amended by adding at the end the
following new paragraph:
``(5) If the Secretary fails to make a determination within
180 days of a request filed by an Indian tribe or tribal
organization to include in such tribe or organization's grant
the funds described in subsection (a)(2), the Secretary shall
be deemed to have approved such request and the Secretary
shall immediately amend the grant accordingly. Such tribe or
organization may enforce its rights under subsection (a)(2)
and this paragraph, including any denial of or failure to act
on such tribe or organization's request, pursuant to the
disputes authority described in section 5209(e).''.
(c) Payments.--Subsection (a) of section 5208 of the
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2507(a))
is amended to read as follows:
``(a) Payments.--
``(1) Except as otherwise provided in this subsection, the
Secretary shall make payments to grantees under this part in
2 payments, of which--
``(A) the first payment shall be made not later than July
15 of each year in an amount equal to one-half of the amount
which the grantee was entitled to receive during the
preceding academic year; and
``(B) the second payment, consisting of the remainder to
which the grantee is entitled for the academic year, shall be
made not later than December 1 of each year.
``(2) For any school for which no payment under this part
was made from Bureau funds in the preceding academic year,
full payment of the amount computed for the first academic
year of eligibility under this part shall be made not later
than December 1 of the academic year.
``(3) With regard to funds for grantees that become
available for obligation on October 1 of the fiscal year for
which such funds are appropriated, the Secretary shall make
payments to grantees not later than December 1 of the fiscal
year.
``(4) The provisions of chapter 39 of title 31, United
States Code, shall apply to the payments required to be made
by paragraphs (1), (2), and (3).
``(5) Paragraphs (1), (2), and (3) shall be subject to any
restriction on amounts of payments under this part that are
imposed by a continuing resolution or other Act appropriating
the funds involved.''.
(d) Applicability.--Subsection (a) of section 5209 of the
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2508(a))
is amended to read as follows:
``(a) Certain Provisions To Apply to Grants.--All
provisions of section 5, 6, 7, 104, 105(f), 106(f), 109, and
111 of the Indian Self-Determination and Education Assistance
Act, except those provisions relating to indirect costs and
length of contract, shall apply to grants provided under this
part.
(e) Exceptions, Problems, and Disputes.--Subsection (e) of
section 5209 of the Tribally Controlled Schools Act of 1988
(25 U.S.C. 2508(e)) is amended--
(1) by striking ``the amount of a grant under section 5205
(and the amount of any funds referred to in that section),
and payments to be made under section 5208 of this Act,'' and
inserting ``a grant authorized to be made pursuant to this
part or any amendment to such grant,'';
(2) by striking ``the amount of, or payment of, the
administrative grant'' and inserting ``an administrative cost
grant''; and
(3) by adding at the end the following new sentence: ``The
Equal Access to Justice Act shall apply to administrative
appeals filed after September 8, 1988, by grantees regarding
a grant under this part, including an administrative cost
grant.''.
SEC. 383. ENDOWMENT FUNDS.
Section 302 of the Tribally Controlled Community College
Assistance Act of 1978 (25 U.S.C. 1832) is amended--
(1) in subsection (a), by striking ``section 333'' and
inserting in lieu thereof ``section 331''; and
(2) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) provides for the investment and maintenance of a
trust fund, the corpus and earnings of which shall be
invested in the same manner as funds are invested under
paragraph (2) of section 331(c) of the Higher Education Act
of 1965, except that for purposes of this paragraph, the term
`trust fund' means a fund established by an institution of
higher education or by a foundation that is exempt from
taxation and is maintained for the purpose of generating
income for the support of the institution, and may include
real estate;''; and
(B) in paragraph (3) by striking ``same'' the first time
such term appears.
SEC. 384. GOALS 2000: EDUCATE AMERICA ACT.
(a) Section 315 of the Goals 2000: Educate America Act (20
U.S.C. 5895) is amended--
(1) by amending subsection (c) to read as follows:
``(c) Bureau of Indian Affairs Cost Analysis and Studies.--
``(1) In general.--The Secretary of the Interior shall
reserve from the funds received pursuant to section
304(a)(1)(B) in the first and second fiscal year for which
the Secretary of the Interior receives such funds an amount
not to exceed $500,000 for each such year to provide, through
a contract executed, after open solicitation, with an
organization or institution having extensive experience in
school finance, for an analysis of--
``(A) the costs associated with meeting the academic, home-
living, and residential standards of the Bureau for each
Bureau funded school and annual projections of such costs;
and
``(B) the feasibility and desirability of changing the
method of financing for Bureau funded schools from the
weighted student unit formula method in effect on the date of
enactment of this Act to a school-based budget system or
other alternative system of financial support.
``(2) Cost analysis purpose.--The purpose of the cost
analysis provided for in paragraph (1)(A) shall be to provide
the Bureau and the panel described in subsection (b)(4) with
baseline data regarding the current state of operations
funded by the Bureau and to provide a framework for the
implementation of opportunity-to-learn standards or
strategies. Such analysis shall evaluate the costs of
providing a program in each school operated or supported by
the Bureau for the next succeeding academic year and shall be
based on--
``(A) the standards either published in the Federal
Register and effective for schools funded by the Bureau on
the date of enactment of the Improving America's Schools Act
of 1994, or the State or regional standards in effect on such
date for a Bureau funded school;
``(B) the best projections of student counts and
demographics as provided by the Bureau and as independently
reviewed by the organization or institution selected by the
Secretary to perform the analysis described in this section;
and
``(C) the pay and benefit schedules and other personnel
requirements for each school operated by the Bureau, as such
pay and benefit schedules and requirements existed on the
date of enactment of the Improving America's Schools Act of
1994.
``(3) Feasibility study purpose.--(A) The purpose of the
feasibility analysis provided for in paragraph (1)(B) shall
be to determine whether it is feasible and desirable for the
Bureau to replace or modify the weighted student unit formula
system in effect on the date of enactment of this Act.
``(B) For the purposes of the feasibility analysis
described in paragraph (1)(B), the term `school-based budget
system' means a system based upon an initial determination,
[[Page 2233]]
at each school site, of the number of students who shall be
served at the site, the needs of those students, the
standards which will best meet those needs (including any
standards or conditions reflecting local community input and
such community's program), the personnel profile necessary to
establish such program and the cost (determined on an actual
basis) of funding such a program. Such a system shall include
procedures to aggregate the determinations for each school
site to determine the amount needed to fund all Bureau funded
schools, to prepare a budget submission based upon such
aggregate, and to provide for a mechanism for distributing
such sums as may be appropriated based upon the determination
at each school site.
``(4) Results report.--The contractor selected shall be
required to report the results of analyses provided for in
this section, in aggregate and school-specific form to the
chairpersons and ranking minority members of the Committee on
Education and Labor and the Committee on Appropriations of
the House of Representatives and the Committee on the Indian
Affairs and the Committee on Appropriations of the Senate,
and to the Secretary of the Interior, not later than six
months after the date of enactment of the Improving America's
Schools Act of 1994. The contractor shall also be required to
provide an estimate of the costs of meeting the academic and
residential standards of the Bureau for each Bureau funded
school for each of the three succeeding forward-funded fiscal
years following the date of submission of such report. The
contractor shall provide an estimate of such costs to such
persons and members not later than January 1 of each
succeeding fiscal year.''; and
(2) by adding at the end the following new subsections:
``(e) Grants.--The Secretary of the Interior may use not
more than one percent of the funds received pursuant to
section 304(a)(1)(B) in the first and second fiscal year for
which the Secretary of the Interior receives such funds for
the purpose of providing grants, if requested by Bureau
funded school boards, to enable such school boards to carry
out activities of reform planning as such activities are
described for States in section 308(b)(2)(J), including the
feasibility of becoming a contract school pursuant to the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.), or a grant school pursuant to section
5204 of the Tribally Controlled Schools Act of 1988.
``(f) Study.--In cooperation with the panel established in
subsection (b)(4), the Secretary of the Interior shall
conduct a study to evaluate the feasibility of contracting
with a private management firm for the operation of one or
more Bureau operated schools to facilitate the achievement of
the National Education Goals and the efficient use of funds
in the education of Indian children, and to report to the
persons identified in subsection (c)(4) and to the panel
described in subsection (b)(4) not later than 12 months after
the date of enactment of the Improving America's Schools Act
of 1994.''.
SEC. 386. AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND ARTS
DEVELOPMENT.
(a) Staff of the Institute.--Subsection (f) of section 1509
of the Higher Education Amendments of 1986 (20 U.S.C.
4416(f)) is amended to read as follows:
``(f) Applicability.--
``(1) This section shall apply to any individual appointed
after October 17, 1986, for employment in the Institute.
Except as provided in subsection (d) and (g), the enactment
of this title shall not affect--
``(A) the continued employment of any individual employed
before October 17, 1986; or
``(B) such individual's right to receive the compensation
attached to such position.
``(2) This section shall not apply to an individual whose
services are procured by the Institute pursuant to a written
procurement contract.
``(3) This section shall not apply to employees of an
entity performing services pursuant to a written contract
with the Institute.''.
(b) Endowment Program.--Section 1518 of the Higher
Education Amendments of 1986 (20 U.S.C. 4425) is amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
``(6) For the purpose of complying with the contribution
requirement in this subsection, the Institute may use funds
or in-kind contributions of real or personal property. For
the purposes of this paragraph, all contributions, in-kind
and real estate, which are held by the Institute beginning on
November 29, 1990, and which were received after June 2,
1988, but which have not been included in their entirety in
computations under this section shall be eligible for
matching Federal funds appropriated in any year.''; and
(2) in subsection (c), by amending paragraph (1) to read as
follows:
``(1) Funds in the trust funds described in subsections (a)
and (b) shall be invested under the same conditions and
limitations as funds are invested under section 331(c)(2) of
the Higher Education Act of 1965 and the regulations
implementing such section (as such regulations were in effect
at the time the funds are invested).''.
PART I--CROSS REFERENCES AND CONFORMING AMENDMENTS
SEC. 391. CROSS REFERENCES.
(a) Refugee Education Assistance Act of 1980.--(1)
Paragraph (1) of section 101 of the Refugee Education
Assistance Act of 1980 (8 U.S.C. 1522 note) is amended by
striking ``section 198(a)'' and inserting ``section 14101''.
(2) Paragraph (2) of section 201(b) of the Refugee
Education Assistance Act of 1980 (8 U.S.C. 1522 note) is
amended by striking ``(other than section 303 of the
Elementary and Secondary Education Act of 1965)''.
(3) Paragraph (3) of section 301(b) of the Refugee
Education Assistance Act of 1980 (8 U.S.C. 1522 note) is
amended by striking ``, except that no reduction under this
paragraph shall be made for any funds made available to the
State under section 303 of the Elementary and Secondary
Education Act of 1965''.
(4) Paragraph (2) of section 401(b) of the Refugee
Education Assistance Act of 1980 (8 U.S.C. 1522 note) is
amended by striking ``(other than section 303 of the
Elementary and Secondary Education Act of 1965)''.
(b) Title 10.--(1) Subparagraph (A) of section 1151(b)(2)
of title 10, United States Code, is amended by striking
``chapter 1 of''.
(2) Subparagraph (A) of section 1151(b)(3) of title 10,
United States Code, is amended by striking ``chapter 1 of''.
(3) Subparagraph (A) of section 1598(a)(2) of title 10,
United States Code, is amended by striking ``chapter 1 of''.
(4) Section 2194 of title 10, United States Code, is
amended--
(A) in subsection (a), by striking ``education agencies''
and inserting ``educational agency''; and
(B) in subsection (e)--
(i) by striking ``education agency'' and inserting
``educational agency'';
(ii) by striking ``section 1471(12)'' and inserting
``section 14101''; and
(iii) by striking ``(20 U.S.C. 1058(b)''.
(5) Subparagraph (A) of section 2410j(a)(2) of title 10,
United States Code, is amended by striking ``chapter 1 of''.
(c) Toxic Substances Control Act.--(1) Subparagraph (A) of
section 202(7) of the Toxic Substances Control Act (15 U.S.C.
2642(7)(A)) is amended--
(A) by striking ``section 198'' and inserting ``section
14101''; and
(B) by striking ``(20 U.S.C. 3381)''.
(2) Paragraph (9) of section 202 of the Toxic Substances
Control Act (15 U.S.C. 2642(9)) is amended--
(A) by striking ``section 198'' and inserting ``section
14101''; and
(B) by striking ``(20 U.S.C. 2854)''.
(3) Paragraph (12) of section 202 of the Toxic Substances
Control Act (15 U.S.C. 2642(12)) is amended--
(A) by striking ``section 198'' and inserting ``section
14101''; and
(B) by striking ``(20 U.S.C. 2854)''.
(4) Section 302(1) of the Toxic Substances Control Act (15
U.S.C. 2662(1)(A)) is amended--
(A) in subparagraph (A)--
(i) by striking ``section 198'' and inserting ``section
14101''; and
(ii) by striking ``(20 U.S.C. 3381)''; and
(B) in subparagraph (C), by inserting ``or successor
authority'' after ``1107)''.
(d) National Defense Authorization Act for Fiscal Year
1993.--Paragraph (1) of section 386(h) of the National
Defense Authorization Act for Fiscal Year 1993 (20 U.S.C. 238
note) is amended--
(1) by striking ``section 1471(12)'' and inserting
``section 14101''; and
(2) by striking ``(20 U.S.C. 2891(12))''.
(e) Higher Education Act of 1965.--(1) Clause (ii) of
section 418A(b)(1)(B) of the Higher Education Act of 1965 (20
U.S.C. 1070d-2(b)(1)(B)(ii)) is amended by striking ``subpart
1 of part D of chapter 1'' and inserting ``part C''.
(2) Subparagraph (A) of section 418A(c)(1) of the Higher
Education Act of 1965 (20 U.S.C. 1070d-2(c)(1)(A)) is
amended--
(A) by striking ``subpart 1 of part D of chapter 1'' and
inserting ``part C''; and
(B) by inserting ``(or such part's predecessor authority)''
after ``1965''.
(3) Subparagraph (A) of section 465(a)(2) of the Higher
Education Act of 1965 (20 U.S.C. 1087ee(a)(2)(A)) is amended
by striking ``chapter 1 of the Education Consolidation and
Improvement Act of 1981'' and inserting ``title I of the
Elementary and Secondary Education Act of 1965''.
(4) Subsection (a) of section 469 of the Higher Education
Act of 1965 (20 U.S.C. 1087ii(a)) is amended by striking
``chapter 1 of''.
(5) Subsection (b) of section 572 of the Higher Education
Act of 1965 (20 U.S.C. 1111a(b)) is amended by striking ``of
chapter 1''.
(6) Paragraph (1) of section 581(b) of the Higher Education
Act of 1965 (20 U.S.C. 1113(b)(1)) is amended by striking
``part A or subpart 1 of part D of chapter 1'' and inserting
``part A orC''.
(7) Paragraph (3) of section 581(c) of the Higher Education
Act of 1965 (20 U.S.C. 1113(c)(3)) is amended by striking
``chapter 1 of''.
(8) Subparagraph (C) of section 586(d)(1) of the Higher
Education Act of 1965 (20 U.S.C. 1114(d)(1)(C)) is amended by
striking ``chapter 1 of''.
(9) Subparagraph (D) of section 586(d)(1) of the Higher
Education Act of 1965 (20 U.S.C. 1114(d)(1)(D)) is amended by
striking ``chapter 1 of''.
(10) Subclause (I) of section 1144(b)(1)(B)(iv) of the
Higher Education Act of 1965 (20 U.S.C.
1138c(b)(1)(B)(iv)(I)) is amended by striking ``chapter 1
of''.
(f) Individuals With Disabilities Education Act.--(1)
Clause (ii) of section 602(a)(21)(A) of the Individuals with
Disabilities Education Act (20 U.S.C. 1401(a)(21)(A)(ii)) is
amended by striking ``chapter 1 of''.
(2) Paragraph (2) of section 613(a) of the Individuals with
Disabilities Education Act (20
[[Page 2234]]
U.S.C. 1413(a)(2)) is amended by striking ``, including
subpart 2 of part D of chapter 1 of title I of the Elementary
and Secondary Education Act of 1965,''.
(3) Subparagraph (B) of section 622(c)(2) of the
Individuals with Disabilities Education Act (20 U.S.C.
1422(c)(2)) is amended by striking ``and subpart 2 of part D
of chapter 1 of title I of the Elementary and Secondary
Education Act of 1965''.
(g) Education Amendments of 1972.--Subparagraph (B) of
section 908(2) of the Education Amendments of 1972 (20 U.S.C.
1687(2)(B)) is amended by striking ``section 198(a)(10)'' and
inserting ``section 14101''.
(h) Department of Education Organization Act.--Section 204
of the Department of Education Organization Act (20 U.S.C.
3414) is amended by striking ``subpart 1 of part B'' and
inserting ``part C''.
(i) Education and Training for a Competitive America Act of
1988.--The Education and Training for a Competitive America
Act of 1988 (20 U.S.C. 5001 et seq.) is repealed.
(j) Educational Partnerships Act of 1988.--The Educational
Partnerships Act of 1988 (20 U.S.C. 5031 et seq.) is
repealed.
(k) Secondary Schools Basic Skills Demonstration Assistance
Act of 1988.--The Secondary Schools Basic Skills
Demonstration Assistance Act of 1988 (20 U.S.C. 5061 et seq.)
is repealed.
(l) Excellence in Mathematics, Science and Engineering
Education Act of 1990.--The Excellence in Mathematics,
Science and Engineering Education Act of 1990 (20 U.S.C. 5311
et seq.) is repealed.
(m) National Environmental Education Act.--Paragraph (5) of
section 3 of the National Environmental Education Act (20
U.S.C. 5502(5)) is amended--
(1) by striking ``local education'' and inserting ``local
educational''; and
(2) by striking ``section 198'' and inserting ``section
14101''.
(n) Job Training Partnership Act.--(1) Paragraph (23) of
section 4 of the Job Training Partnership Act (29 U.S.C.
1503(23)) is amended by striking ``section 1471(23)'' and
inserting ``section 14101''.
(2) Subparagraph (B) of section 263(a)(2) of the Job
Training Partnership Act (29 U.S.C. 1643(a)(2)(B)) is amended
by striking ``chapter 1 of''.
(3) Subparagraph (B) of section 263(g)(1) of the Job
Training Partnership Act (29 U.S.C. 1643(g)(1)(B)) is amended
by striking ``chapter 1 of''.
(4) Paragraph (2) of section 265(b) of the Job Training
Partnership Act (29 U.S.C. 1645(b)(2)) is amended by striking
``parts A through D of chapter 1'' and inserting ``parts A
through C''.
(o) National Defense Authorization Act for Fiscal Year
1993.--Paragraph (3) of section 1091(l) of the National
Defense Authorization Act for Fiscal Year 1993 (32 U.S.C. 501
note) is amended by inserting ``(as such section was in
effect on the day preceding the date of enactment of this
Act)'' after ``1965''.
(p) Safe Drinking Water Act.--Section 1461 of the Safe
Drinking Water Act (42 U.S.C. 300j-21(6)) is amended--
(1) in subparagraph (A) of paragraph (3)--
(A) by striking ``section 198'' and inserting ``section
14101''; and
(B) by striking ``(20 U.S.C. 3381)''; and
(2) in paragraph (6)--
(A) by striking ``section 198'' and inserting ``section
14101''; and
(B) by striking ``(20 U.S.C. 2854)''.
(q) Civil Rights Act of 1964.--Subparagraph (B) of section
606(2) of the Civil Rights Act of 1964 (42 U.S.C. 2000d-
4a(2)(B)) is amended by striking ``section 198(a)(10)'' and
inserting ``section 14101''.
(r) Older Americans Act of 1965.--(1) Section 338A of the
Older Americans Act of 1965 (42 U.S.C. 3030g-12(a)(1)) is
amended--
(A) in paragraph (1) of subsection (a)--
(i) by striking ``section 1471'' and inserting ``section
14101''; and
(ii) by striking ``(20 U.S.C. 2891)''; and
(B) in paragraph (3) of subsection (b)--
(i) by striking ``projects under section 1015'' and
inserting ``programs under section 1114''; and
(ii) by striking (20 U.S.C. 2025)''.
(2) Subparagraph (B) of section 363(5) of the Older
Americans Act of 1965 (42 U.S.C. 3030o(5)(B)) is amended--
(A) by striking ``section 1471'' and inserting ``section
14101''; and
(B) by striking ``(20 U.S.C. 2891)''.
(s) Carl D. Perkins Vocational and Applied Technology
Education Act.--(1) Subsection (d) of section 111 of the Carl
D. Perkins Vocational and Applied Technology Education Act
(20 U.S.C. 2321(d)) is amended by striking ``chapter 1 of''.
(2) Paragraph (14) of section 113(b) of the Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C.
2323(b)(14)) is amended by striking ``chapter 1 of''.
(3) Subsection (a) of section 115 of the Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C.
2325(a)) is amended--
(A) by striking ``chapter 1 of''; and
(B) by inserting ``of 1965'' after ``Secondary Education
Act''.
(4) Paragraph (1) of section 231(a) of the Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C.
2341(a)(1)) is amended by striking ``section 1005'' and
inserting ``section 1124 or such section's predecessor
authority''.
(5) Clause (iv) of section 231(d)(3)(A) of the Carl D.
Perkins Vocational and Applied Technology Education Act (20
U.S.C. 2341(d)(3)(A)(iv)) is amended by striking ``chapter 1
of''.
(6) Paragraph (3) of section 420(a) of the Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C.
2420(a)(3)) is amended by striking ``section 1562'' and
inserting ``part B of title XIII''.
(7) Paragraph (20) of section 521 of the Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C.
2471(20) is amended by striking ``section 1471(5)'' and
inserting ``section 14101''.
(8) Paragraph (21) of section 521 of the Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C.
2471(21)) is amended by striking ``section 703(a)(1)'' and
inserting ``section 7004(a)''.
(t) Juvenile Justice and Delinquency Prevention Act of
1974.--Paragraph (2) of section 288E(a) of the Juvenile
Justice and Delinquency Prevention Act of 1974 (42 U.S.C.
5667e-5(a)(2)) is amended by striking ``chapter 1 of''.
(u) Age Discrimination Act of 1975.--Clause (ii) of section
309(4)(B) of the Age Discrimination Act of 1975 (42 U.S.C.
6107(4)(B)(ii)) is amended by striking ``section
198(a)(10),'' and inserting ``section 14101''.
(v) Head Start Transitional Project Act.--(1) Paragraph (4)
of section 132 of the Head Start Transition Project Act (42
U.S.C. 9855(4)) is amended by striking ``section 1471(12)''
and inserting ``section 14101''.
(2) Subsection (a) of section 134 of the Head Start
Transition Project Act (42 U.S.C. 9855b(a)) is amended by
striking ``of chapter 1''.
(3) Subsection (b) of section 134 of the Head Start
Transition Project Act (42 U.S.C. 9855b(b)) is amended by
striking ``of chapter 1''.
(4) Subsection (d) of section 135 of the Head Start
Transition Project Act (42 U.S.C. 9855c(d)) is amended by
striking ``schoolwide project under section 1015(a)'' and
inserting ``schoolwide program under section 1114''.
(5) Subparagraph (C) of section 136(a)(4) of the Head Start
Transition Project Act (42 U.S.C. 9855d(a)(4)(C)) is
amended--
(A) by striking ``the Follow Through Act, chapter 1 of'';
and
(B) by striking ``, part B of chapter 1 of title I of the
Elementary and Secondary Education Act of 1965 (Even
Start)''.
(6) Paragraph (8) of section 136(a) of the Head Start
Transition Project Act (42 U.S.C. 9855d(a)(8)) is amended by
striking ``part B of chapter 1'' and inserting ``part B''.
(7) Paragraph (10) of section 136(a) of the Head Start
Transition Project Act (42 U.S.C. 9855d(a)(10)) is amended by
striking ``part B of chapter 1'' and inserting ``part B''.
(w) Follow Through Act.--The Follow Through Act (42 U.S.C.
9861 et seq.) is repealed.
(x) Comprehensive Child Development Act.--Paragraph (5) of
section 670S of the Comprehensive Child Development Act (42
U.S.C. 9886(5)) is amended by striking ``section 1471(12)''
and inserting ``section 14101''.
(y) National and Community Service Act of 1990.--
Subparagraph (B) of section 112(b)(2) of the National and
Community Service Act of 1990 (42 U.S.C. 12524(b)(2)(B)) is
amended by striking ``chapter 1 of''.
(z) Training Technology Transfer Act of 1988.--Paragraph
(1) of section 6144 of the Training Technology Transfer Act
of 1988 (20 U.S.C. 5124(1)) is amended by striking ``section
405(d)(4)(A)(i) of the General Education Provisions Act (20
U.S.C. 1221e(d)(4)(A)(i))'' and inserting ``section 941(h) of
the Educational Research, Development, Dissemination, and
Improvement Act of 1994''.
SEC. 392. ADDITIONAL REPEALS AND TECHNICAL AND CONFORMING
AMENDMENTS REGARDING IMPACT AID.
(a) Additional Repeals.--
(1) Omnibus budget reconciliation act of 1981.--Subsection
(c) of section 505 of the Omnibus Budget Reconciliation Act
of 1981 is repealed.
(2) Education amendments of 1984.--Section 302 of the
Education Amendments of 1984 is repealed.
(3) Department of education appropriations act, 1991.--
Section 306 of the Department of Education Appropriations
Act, 1991, is repealed.
(4) National assessment of chapter 1 act.--Paragraph (2) of
section 3(a) of the 1992 National Assessment of Chapter 1 Act
is repealed.
(5) Public law 92-277.--Section 2 of Public Law 92-277 (86
Stat. 124) is repealed.
(b) Technical and Conforming Amendments.--
(1) Elementary and secondary education amendments of
1966.--Section 182 of the Elementary and Secondary Education
Amendments of 1966 is amended by striking ``by the Act of
September 23, 1950 (Public Law 815, 81st Congress),''.
(2) Toxic substances control act.--Subparagraph (C) of
section 302(1) of the Toxic Substances Control Act (15 U.S.C.
2662(1)(C)) is amended by inserting ``as in effect before
enactment of the Improving America's Schools Act of 1994''
after ``section 6 of the Act of September 30, 1950 (64 Stat.
1107),''.
SEC. 393. INDIAN EDUCATION.
(a) Adult Education Act.--Paragraph (4) of section 322(a)
of the Adult Education Act (20 U.S.C. 1203a(a)) is amended by
striking ``the Indian Education Act'' and inserting ``title
IX of the Elementary and Secondary Education Act of 1965''.
(b) Education Amendments of 1978.--Paragraph (3) of section
1128(c) of the Education Amendments of 1978 (25 U.S.C.
2008(c)(3)) is amended--
(1) in clause (i) of subparagraph (A), by striking ``(as
determined pursuant to section 5324 of the Indian Education
Act of 1988)''; and
[[Page 2235]]
(2) in subparagraph (B)--
(A) by striking ``the later of the following'' and all that
follows through ``(ii)''; and
(B) by inserting ``, and for each fiscal year thereafter''
before the period at the end thereof.
(c) Indian Education Assistance Act.--Section 209 of the
Indian Education Assistance Act (25 U.S.C. 458e) is amended
by striking ``title IV of the Act of June 23, 1972 (86 Stat.
235)'' and inserting ``title IX of the Elementary and
Secondary Education Act of 1965''.
(d) Johnson-O'Malley Act.--Subsection (a) of section 5 of
the Act of April 16, 1934, commonly known as the ``Johnson-
O'Malley Act'' (25 U.S.C. 456(a)) is amended by striking
``section 305(b)(2)(B)(ii) of the Act of June 23, 1972 (86
Stat. 235)'' and inserting ``section 9104(c)(4) of the
Elementary and Secondary Education Act of 1965''.
SEC. 394. OTHER TECHNICAL AND CONFORMING AMENDMENTS.
(a) Adult Education Act.--Paragraph (7) of section 342(c)
of the Adult Education Act (20 U.S.C. 1206a(c)) is amended by
striking ``section 7004(a) of title VII'' and inserting
``section 7004(a)''.
(b) Anti-Drug Abuse Act of 1988.--Subparagraph (A) of
section 3521(d)(8) of the Anti-Drug Abuse Act of 1988 (42
U.S.C. 11841(d)(8)(A)) is amended by striking ``the Drug-Free
Schools and Communities Act of 1986'' and inserting ``title
IV of the Elementary and Secondary Education Act of 1965''.
(c) Asbestos School Hazard Abatement Act.--Section 511 of
the Asbestos School Hazard Abatement Act of 1984 (20 U.S.C.
4020) is amended--
(1) in subparagraph (A) of paragraph (4), by striking
``section 198(a)(10)'' and inserting ``section 14101''; and
(2) in subparagraph (A) of paragraph (5), by striking
``section 198(a)(7)'' and inserting ``section 14101''.
(d) Cranston-Gonzalez National Affordable Housing Act.--
Paragraph (10) of section 457 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12899f(10)) is
amended by striking ``section 7003 of the Bilingual Education
Act'' and inserting ``section 7004(a) of the Elementary and
Secondary Education Act of 1965''.
(e) Family and Medical Leave Act of 1993.--Subparagraph (A)
of section 108(a)(1) of the Family and Medical Leave Act of
1993 (29 U.S.C. 2618(a)(1)(A)) is amended by striking
``section 1471(12)'' and inserting ``section 14101''.
(f) Goals 2000: Education America Act.--The Goals 2000:
Educate America Act is amended--
(1) in section 3--
(A) in subsection (a)--
(i) in paragraph (6), by striking ``section 1471'' and
inserting ``section 14101''; and
(ii) in paragraph (10), by striking ``section 602'' and
inserting ``section 602(a)(17)''; and
(B) in paragraph (1) of subsection (b), by striking
``section 1471'' and inserting ``section 14101'';
(2) in paragraph (7) of section 231, by striking ``chapter
1 of'';
(3) in subsection (b) of section 232--
(A) in subparagraph (A) of paragraph (2), by striking
``Star Schools Program Assistance Act'' and inserting ``Star
Schools program authorized by part B of title III of the
Elementary and Secondary Education Act of 1965''; and
(B) in subparagraph (F) of paragraph (3), by striking ``the
evaluation undertaken pursuant to section 908 of the Star
Schools Program Assistance Act'' and inserting ``any
evaluation of the Star School program undertaken by the
Secretary'';
(4) in subsection (b) of section 310, by striking ``section
1017'' and inserting ``sections 1020 and 14503''; and
(5) in subsection (b) of section 311, by amending
paragraphs (1) through (6) to read as follows:
``(1) Title I of the Elementary and Secondary Education Act
of 1965.
``(2) Part A of title II of the Elementary and Secondary
Education Act of 1965.
``(3) Part A of title V of the Elementary and Secondary
Education Act of 1965.
``(4) Title VIII of the Elementary and Secondary Education
Act of 1965.
``(5) Part B of title IX of the Elementary and Secondary
Education Act of 1965.
``(6) The Carl D. Perkins Vocational and Applied Technology
Education Act.''.
(g) Immigration and Nationality Act.--Subparagraph (D) of
section 245A(h)(4) of the Immigration and Nationality Act (8
U.S.C. 1255a(h)(4)(D)) is amended to read as follows:
``(D) Title I of the Elementary and Secondary Education Act
of 1965.''.
(h) National and Community Service Act of 1990.--The
National and Community Service Act of 1990 is amended--
(1) in section 101--
(A) in paragraph (8), by striking ``section 1471(8) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
2891(8))'' and inserting ``section 14101 of the Elementary
and Secondary Education Act of 1965'';
(B) in paragraph (14), by striking ``section 1471(12) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
2891(12))'' and inserting ``section 14101 of the Elementary
and Secondary Education Act of 1965;
(C) in paragraph (22), by striking ``section 1471(21) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
2891(21))'' and inserting ``section 14101 of the Elementary
and Secondary Education Act of 1965''; and
(D) in paragraph (28), by striking ``section 1471(23) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
2891(23))'' and inserting ``section 14101 of the Elementary
and Secondary Education Act of 1965'';
(2) in subparagraph (B) of section 112(b)(2), by inserting
``or its successor authority'' after ``(20 U.S.C. 2711 et
seq.)''; and
(3) in subsection (b) of section 115A, by inserting ``, as
in effect on the day preceding the date of enactment of the
Improving America's Schools Act of 1994'' after ``(20 U.S.C.
2727(b))''.
(i) Rehabilitation Act of 1973.--The Rehabilitation Act of
1973 is amended--
(1) in section 202(b)(4)(A)(i), by striking ``paragraphs
(8) and (21), respectively, of section 1471 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 2891 (8) and
(21))'' and inserting ``section 14101 of the Elementary and
Secondary Education Act of 1965''; and
(2) in subparagraph (B) of section 504(b)(2), by striking
``section 1471(12)'' and inserting ``section 14101''.
(j) School-To-Work Opportunities Act of 1994.--The School-
to-Work Opportunities Act of 1994 is amended--
(1) in paragraph (15) of section 4, by striking ``section
602(17)'' and inserting ``section 602(a)(17)''; and
(2) in subsection (b) of section 502, by amending
paragraphs (1) through (6) to read as follows:
``(1) title I of the Elementary and Secondary Education Act
of 1965;
``(2) part A of title II of the Elementary and Secondary
Education Act of 1965;
``(3) part A of title V of the Elementary and Secondary
Education Act of 1965;
``(4) part B of title IX of the Elementary and Secondary
Education Act of 1965;
``(5) title XIII of the Elementary and Secondary Education
Act of 1965; and
``(6) the Carl D. Perkins Vocational and Applied Technology
Education Act.''.
(k) Social Security Act.--Paragraph (7) of section 402(g)
of the Social Security Act (42 U.S.C. 602(g)(7)) is amended
by striking ``chapter 1 of the Education Consolidation and
Improvement Act of 1981'' and inserting ``title I of the
Elementary and Secondary Education Act of 1965''.
(l) State Dependent Care Development Grants Act.--Section
670G of the State Dependent Care Development Grants Act (42
U.S.C. 9877) is amended--
(1) in paragraph (6), by striking ``section 198(a)(10)''
and inserting ``section 14101 of the Elementary and Secondary
Education Act of 1965''; and
(2) in paragraph (11), by striking ``section 198(a)(17)''
and inserting ``section 14101''.
(m) Tribally Controlled Schools Act of 1988.--The Tribally
Controlled Schools Act of 1988 is amended--
(1) in subparagraph (C) of section 5204(a)(3), by striking
``chapter 1 of''; and
(2) in section 5205--
(A) in subparagraph (A) of subsection (a)(3), by striking
``chapter 1 of''; and
(B) in subsection (b)--
(i) in subparagraph (A) of paragraph (2), by striking
``chapter 1 of''; and
(ii) in clause (i) of paragraph (3)(A), by striking
``chapter 1 of''.
TITLE IV--NATIONAL EDUCATION STATISTICS
SEC. 401. SHORT TITLE.
This title may be cited as the ``National Education
Statistics Act of 1994''.
SEC. 402. FINDINGS; PURPOSE; DEFINITIONS.
(a) Findings.--The Congress finds that--
(1) a Department of Education was established in 1867 ``for
the purpose of collecting such statistics and facts as shall
show the condition and progress of education in the several
States and territories, and of diffusing such information
respecting the organization and management of schools and
school systems and methods of teaching as shall aid the
people of the United States in the establishment and
maintenance of efficient school systems, and otherwise
promote the cause of education throughout the United
States'';
(2) today, while the role of the current Department of
Education is much broader, the National Center for Education
Statistics within the Office of Educational Research and
Improvement continues to perform those crucial original
purposes; and
(3) looking to the 21st century, the National Center for
Education Statistics must be able to design and undertake,
effectively and efficiently, statistical activities that will
aid in the reform of the Nation's educational systems.
(b) Purpose.--It is the purpose of this title to ensure the
continuation of an effective mechanism for collecting and
reporting statistics and information showing the condition
and progress of education in the United States and other
nations in order to promote and accelerate the improvement of
American education.
(c) Definitions.--For the purpose of this title and unless
otherwise specified--
(1) the term ``Assistant Secretary'' means the Assistant
Secretary for Educational Research and Improvement
established under section 202(b)(1)(E) of the Department of
Education Organization Act;
(2) the term ``Department'' means the Department of
Education;
(3) the term ``institution of higher education'' has the
same meaning given such term in section 1201(a) of the Higher
Education Act of 1965;
(4) the term ``local educational agency'' has the same
meaning given such term in section 14101 of the Elementary
and Secondary Education Act of 1965;
(5) the term ``Secretary'' means the Secretary of
Education;
(6) the term ``State educational agency'' has the same
meaning given such term in
[[Page 2236]]
section 14101 of the Elementary and Secondary Education Act
of 1965; and
(7) the terms ``State'' and ``United States''--
(A) other than for the purpose of section 411, mean each of
the 50 States, the District of Columbia, and the Commonwealth
of Puerto Rico; and
(B) for the purpose of section 411, have the same meaning
given such terms in subparagraph (A), except that such terms
include Guam, American Samoa, the Virgin Islands, the
Commonwealth of the Northern Mariana Islands, the Republic of
the Marshall Islands, the Federated States of Micronesia, and
Palau.
SEC. 403. NATIONAL CENTER FOR EDUCATION STATISTICS.
(a) Establishment.--There is established, within the Office
of Educational Research and Improvement established under
section 208 of the Department of Education Organization Act,
a National Center for Education Statistics (hereafter in this
title referred to as the ``Center'').
(b) Commissioner and Associate Commissioners.--
(1) Commissioner.--The Center shall be headed by a
Commissioner of Education Statistics (hereafter in this title
referred to as the ``Commissioner'') who shall be appointed
by the President, by and with the advice and consent of the
Senate, and who shall--
(A) have substantial knowledge of programs assisted by the
Center;
(B) be paid in accordance with section 5315 of title 5,
United States Code; and
(C) serve for a term of four years, with the terms to
expire every fourth June 21, beginning in 1995.
(2) Associate commissioners.--The Commissioner may appoint
such Associate Commissioners as the Commissioner determines
are necessary and appropriate.
SEC. 404. DUTIES OF THE CENTER.
(a) Duties.--The duties of the Center are to collect,
analyze, and disseminate statistics and other information
related to education in the United States and in other
nations, including--
(1) collecting, acquiring, compiling (where appropriate, on
a State by State basis), and disseminating full and complete
statistics on the condition and progress of education, at the
preschool, elementary, secondary, and postsecondary levels in
the United States, including data on--
(A) State and local education reform activities;
(B) student achievement at all levels of education;
(C) secondary school completions, dropouts, and adult
literacy;
(D) educational access to and opportunity for postsecondary
education, including data on financial aid to postsecondary
students;
(E) teaching, including data on course-taking, instruction,
the conditions of the education workplace, and the supply of,
and demand for, teachers, which may include data on the
proportions of women and men, cross-tabulated by race or
ethnicity, teaching in subjects in which such individuals
have been historically underrepresented;
(F) the learning and teaching environment, including data
on libraries;
(G) the incidence, frequency, seriousness, and nature of
violence affecting students, school personnel, and other
individuals participating in school activities, as well as
other indices of school safety;
(H) the financing and management of education, including
data on revenues and expenditures; and
(I) the social and economic status of children;
(2) conducting and publishing reports and analyses of the
meaning and significance of such statistics;
(3) conducting longitudinal studies, as well as regular and
special surveys and data collections, necessary to report on
the condition and progress of education;
(4) collecting, analyzing, cross-tabulating, and reporting,
to the extent feasible, so as to provide information by
gender, race, socioeconomic status, limited-English
proficiency, and other population characteristics when such
disaggregated information would facilitate educational and
policy decisionmaking;
(5) assisting public and private educational agencies,
organizations, and institutions in improving and automating
statistical and data collection activities; and
(6) acquiring and disseminating data on educational
activities and student achievement in the United States
compared with foreign nations.
(b) Training Program.--The Commissioner may establish a
program to train employees of public and private educational
agencies, organizations, and institutions in the use of the
Center's standard statistical procedures and concepts and may
establish a fellows program to appoint such employees as
temporary fellows at the Center in order to assist the Center
in carrying out its duties.
SEC. 405. PERFORMANCE OF DUTIES.
(a) Grants, Contracts, and Cooperative Agreements.--
(1) In general.--In carrying out the Commissioner's duties
under this title, the Commissioner may award grants, and
enter into contracts and cooperative agreements.
(2) Duration.--Notwithstanding any other provision of law,
the grants, contracts, and cooperative agreements under this
section may be awarded, on a competitive basis, for a period
of not more than five years, and may be renewed at the
discretion of the Commissioner for an additional period of
not more than five years.
(b) Gathering Information.--
(1) Sampling.--The Commissioner may use the statistical
method known as sampling to carry out the purpose of this
title.
(2) Source of information.--The Commissioner may, as the
Commissioner considers appropriate, use information
collected--
(A) from States, local educational agencies, public and
private schools, preschools, institutions of higher
education, libraries, administrators, teachers, students, the
general public, and such other individuals, organizations,
agencies, and institutions as the Commissioner may consider
appropriate; and
(B) by other offices within the Department and by other
Federal departments, agencies, and instrumentalities.
(3) Collection.--The Commissioner may--
(A) enter into interagency agreements for the collection of
statistics;
(B) arrange with any agency, organization, or institution
for the collection of statistics; and
(C) assign employees of the Center to any such agency,
organization, or institution to assist in such collection.
(4) Technical assistance and coordination.--In order to
maximize the effectiveness of Federal efforts to serve the
educational needs of children and youth, the Commissioner
shall--
(A) provide technical assistance to Department offices that
gather data for statistical purposes; and
(B) coordinate closely with other Department offices in the
collection of data.
SEC. 406. REPORTS.
(a) Report on the Condition and Progress of Education.--The
Commissioner shall, not later than June 1, 1995, and each
succeeding June 1 thereafter, submit to the President and the
Congress a statistical report on the condition and progress
of education in the United States.
(b) Statistical Reports.--The Commissioner shall issue
regular statistical reports to the President and Congress on
such education topics as the Commissioner determines to be
appropriate.
(c) Special Reports.--The Commissioner may, whenever the
Commissioner considers it appropriate, issue special reports
on particular education topics.
SEC. 407. ADVISORY COUNCIL ON EDUCATION STATISTICS.
(a) Establishment.--There is established, within the
Center, the Advisory Council on Education Statistics
(hereafter in this title referred to as the ``Council'').
(b) Membership.--
(1) Composition.--The Council shall be composed of--
(A) 18 voting members who are users of education data and
who are appointed by the Secretary on the basis of their
experience and eminence within the field of education, of
whom at least--
(i) three shall be practicing educators;
(ii) three shall be education policymakers;
(iii) three shall be professional statisticians;
(iv) three shall be education researchers; and
(v) three shall be experts in educational measurement;
(B) three individuals representing the general public,
appointed by the Secretary;
(C) the Director of the Census and the Commissioner of
Labor Statistics, as voting, ex officio members; and
(D) the Assistant Secretary and the Commissioner, as
nonvoting, ex officio members.
(2) Presiding officer.--The Commissioner shall appoint the
presiding officer of the Council from among the voting
members of the Council.
(3) Terms.--Members of the Council appointed under
paragraph (1)(A) shall be appointed for three-year terms
except that, in the case of initial appointments, the
Secretary shall make appointments for shorter terms to the
extent necessary to avoid the expiration of the terms of more
than six members in the same calendar year.
(4) Meetings.--(A) The Council shall meet in public session
at the call of the presiding officer, except that the Council
shall meet--
(i) at least two times during each calendar year; and
(ii) in addition, whenever ten voting members request in
writing that the presiding officer call a meeting.
(B) Eleven voting members of the Council shall constitute a
quorum.
(5) Special rule.--The Council shall--
(A) review general policies for the operation of the Center
and shall advise the Commissioner on standards to ensure that
statistics and other information disseminated by the Center
are of high quality and are not subject to partisan political
influence; and
(B) advise the Commissioner and the National Assessment
Governing Board on technical and statistical matters related
to the National Assessment of Educational Progress.
(6) Staff.--The Council shall appoint a staff of not more
than six individuals with technical expertise to enable the
Council to carry out its duties.
SEC. 408. CONFIDENTIALITY.
(a) Confidentiality Standards.--
(1) In general.--(A) The Center shall develop and enforce
standards designed to protect the confidentiality of persons
in the collection, reporting, and publication of data under
this title.
(B) This section shall not be construed to protect the
confidentiality of information about institutions,
organizations, and agencies that receive grants from, or have
contracts or cooperative agreements with, the Federal
Government.
[[Page 2237]]
(2) Prohibition.--No person may--
(A) use any individually identifiable information furnished
under this title for any purpose other than a statistical
purpose;
(B) make any publication whereby the data furnished by any
particular person under this title can be identified; or
(C) permit anyone other than the individuals authorized by
the Commissioner to examine the individual reports.
(b) Administration.--
(1) In general.--No department, bureau, agency, officer, or
employee of the Federal Government, except the Commissioner
in carrying out the purposes of this title, shall require,
for any reason, copies of reports that have been filed under
this title with the Center or retained by any individual
respondent. Copies of such reports that have been so filed or
retained with the Center or any of the Center's employees,
contractors, or agents shall be immune from legal process,
and shall not, without the consent of the individual
concerned, be admitted as evidence or used for any purpose in
any action, suit, or other judicial or administrative
proceeding. This paragraph shall apply only to individually
identifiable information (as defined in paragraph (5)(A)).
(2) Employee or staff violations.--Whoever, being or having
been an employee or staff member of the Department, having
taken or subscribed the oath of office, or having sworn to
observe the limitations imposed by subsection (a)(2),
knowingly publishes or communicates any individually
identifiable information (as defined in paragraph (5)(A)),
the disclosure of which is prohibited by subsection (a)(2),
and that comes into such employee or staff's possession by
reason of employment (or otherwise providing services) under
this title, shall be found guilty of a class E felony and
imprisoned for not more than five years, or fined as
specified in section 3571 of title 18, United States Code, or
both.
(3) Temporary staff.--The Commissioner may utilize
temporary staff, including employees of Federal, State, or
local agencies or instrumentalities (including local
educational agencies), and employees of private organizations
to assist the Center in performing the Center's
responsibilities, but only if such temporary staff are sworn
to observe the limitations imposed by this section.
(4) Information requirements.--No collection of information
or data acquisition activity undertaken by the Center shall
be subject to any review, coordination, or approval procedure
except as required by the Director of the Office of
Management and Budget under the rules and regulations
established pursuant to chapter 35 of title 44, United States
Code, except such collection of information or data
acquisition activity may be subject to review or coordination
if the Commissioner determines that such review or
coordination is beneficial.
(5) Definitions.--For the purposes of this section--
(A) the term ``individually identifiable information''
means any record, response form, completed survey, or
aggregation thereof from which information about particular
individuals may be revealed; and
(B) the term ``report'' means a response provided by or
about an individual to an inquiry from the Center and does
not include a statistical aggregation from which individually
identifiable information cannot be revealed.
(6) Violations.--Any person who uses any data provided by
the Center, in conjunction with any other information or
technique, to identify any individual student, teacher,
administrator, or other individual and who knowingly
discloses, publishes, or uses such data for a purpose other
than a statistical purpose, or who otherwise violates
subparagraph (A) or (B) of subsection (a)(2), shall be found
guilty of a class E felony and imprisoned for not more than
five years, or fined as specified in section 3571 of title
18, United States Code, or both.
(7) Access to reports or records.--Nothing in this section
shall restrict the right of the Secretary, the Comptroller
General of the United States, the Director of the
Congressional Budget Office, and the Librarian of Congress,
to gain access to any reports or other records, including
information identifying individuals, in the Center's
possession, except that the same restrictions on disclosure
that apply under paragraphs (1) and (6) shall apply to such
individuals.
SEC. 409. DISSEMINATION.
(a) General Requests.--
(1) In general.--The Center may furnish transcripts or
copies of tables and other statistical records and make
special statistical compilations and surveys for State and
local officials, public and private organizations, and
individuals.
(2) Compilations.--The Center shall provide State and local
educational agencies opportunities to suggest the development
of particular compilations of statistics, surveys, and
analyses that would assist those educational agencies.
(b) Congressional Requests.--The Center shall furnish such
special statistical compilations and surveys as the Congress
may request.
(c) Joint Statistical Projects.--The Secretary may engage
in joint statistical projects related to the purposes of this
title, or other statistical purposes authorized by law, with
nonprofit organizations or agencies, and the cost of such
projects shall be shared equitably as determined by the
Secretary.
(d) Fees.--
(1) In general.--Statistical compilations and surveys under
this section, other than those carried out pursuant to
subsections (b) and (c), may be made subject to the payment
of the actual or estimated cost of such work.
(2) Funds received.--All funds received in payment for work
or services described in this subsection may be used to pay
directly the costs of such work or services, to repay
appropriations that initially bore all or part of such costs,
or to refund excess sums when necessary.
(e) Access.--
(1) Other agencies.--The Center shall, consistent with
section 408, cooperate with other Federal agencies having a
need for educational data in providing access to educational
data received by the Center.
(2) Interested parties.--The Center shall, in accordance
with such terms and conditions as the Secretary may
prescribe, provide all interested parties, including public
and private agencies and individuals, direct access to data
collected by the Center for the purposes of research and
acquiring statistical information.
SEC. 410. COOPERATIVE EDUCATION STATISTICS SYSTEMS.
(a) In General.--The Commissioner may establish one or more
national cooperative education statistics systems for the
purpose of producing and maintaining, with the cooperation of
the States, comparable and uniform information and data on
elementary and secondary education, postsecondary education,
and libraries, that are useful for policymaking at the
Federal, State, and local levels. In carrying out this
section, the Commissioner may provide technical assistance,
and make grants and enter into contracts and cooperative
agreements.
(b) Model Data System.--The Commissioner, working through
the cooperative education statistics system, shall study,
design, and pilot a model data system that will yield
information about spending for administration at the school
and local education agency levels.
SEC. 411. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.
(a) Establishment.--The Commissioner shall, with the advice
of the National Assessment Governing Board established under
section 412, and with the technical assistance of the
Advisory Council established under section 407, carry out,
through grants, contracts, or cooperative agreements with one
or more qualified organizations, or consortia thereof, a
National Assessment of Educational Progress (hereafter in
this title referred to as the ``National Assessment'').
(b) Purpose; State Assessments.--
(1) Purpose.--The purpose of the National Assessment is to
provide a fair and accurate presentation of educational
achievement in reading, writing, and the other subjects
included in the third National Education Goal, regarding
student achievement and citizenship. The Commissioner, in
carrying out the National Assessment, shall use sampling
techniques that produce data that are representative on a
national and regional basis, and on a State basis pursuant to
paragraph (2). In addition, the Commissioner shall--
(A) collect and report data on a periodic basis, but at
least once every two years, on students at ages 9, 13, and 17
and in grades 4, 8, and 12 in public and private schools;
(B) report achievement data on a basis that ensures valid
and reliable trend reporting;
(C) include information on special groups, including,
whenever feasible, information collected, cross-tabulated,
analyzed, and reported by sex, race or ethnicity and
socioeconomic status; and
(D) ensure that achievement data are made available on a
timely basis following official reporting, in a manner that
facilitates further analysis.
(2) State assessments.--(A)(i) The Commissioner, in
carrying out the National Assessment, may conduct State
assessments of student achievement in grades 4, 8, and 12.
(ii) Each such State assessment, in each subject area and
at each grade level, shall be conducted on a developmental
basis until the Commissioner determines, as the result of an
evaluation required by subsection (f), that such assessment
produces high quality data that are valid and reliable.
(B)(i) States wishing to participate in State assessments
shall enter into an agreement with the Secretary pursuant to
subsection (d)(2).
(ii) Such agreement shall contain information sufficient to
give States full information about the process for consensus
decisionmaking on objectives to be tested, and the standards
for sampling, test administration, test security, data
collection, validation, and reporting.
(C) A participating State shall review and give permission
for the release of results from any test of its students
administered as a part of a State assessment prior to the
release of such data. Refusal by a State to release its data
shall not restrict the release of data from other States that
have approved the release of such data.
(3) Prohibited data.--In carrying out the National
Assessment, the Commissioner shall not collect any data that
are not directly related to the appraisal of educational
performance, achievement, and traditional demographic
reporting variables, or to the fair and accurate presentation
of such information.
(4) Technical assistance.--In carrying out the National
Assessment, the Commissioner may provide technical assistance
to States, localities, and other parties.
[[Page 2238]]
(c) Access.--
(1) Public access.--Except as provided in paragraph (2),
the public shall have access to all data, questions, and test
instruments of the National Assessment.
(2) Personally identifiable information.--(A) The
Commissioner shall ensure that all personally identifiable
information about students, their educational performance,
and their families, and that information with respect to
individual schools, remains confidential, in accordance with
section 552a of title 5, United States Code.
(B) Notwithstanding any other provision of law, the
Commissioner may decline to make available to the public for
a period, not to exceed ten years after initial use,
cognitive questions that the Commissioner intends to reuse in
the future.
(d) Participation.--
(1) National and regional.--Participation in the national
and regional assessments by State and local educational
agencies shall be voluntary.
(2) State.--Participation in assessments made on a State
basis shall be voluntary. The Commissioner shall enter into
an agreement with any State that desires to carry out an
assessment for the State under this subsection. Each such
agreement shall contain provisions designed to ensure that
the State will--
(A) participate in the assessment; and
(B) pay from non-Federal sources the non-Federal share of
such participation.
(3) Non-federal share.--(A) For each fiscal year, the non-
Federal share for the purpose of paragraph (2)(B) shall be--
(i) the cost of conducting the assessment at the school
level for all public schools in the State sample;
(ii) the cost of coordination within the State; and
(iii) other reasonable costs specified by the Secretary in
the agreement described in paragraph (2), such as the cost of
analyzing and reporting the data.
(B) The non-Federal share of payments under this paragraph
may be in cash or in kind, fairly valued.
(C) The agreement described in paragraph (2) shall describe
the manner in which the costs of administering the assessment
to private nonprofit schools included in the State sample
will be met.
(e) Student Performance Levels.--
(1) Performance levels.--The National Assessment Governing
Board, established under section 412, shall develop
appropriate student performance levels for each age and grade
in each subject area to be tested under the National
Assessment.
(2) Development of levels.--(A) Such levels shall be--
(i) devised through a national consensus approach,
providing for active participation of teachers, curriculum
specialists, local school administrators, parents, and
concerned members of the general public;
(ii) used on a developmental basis until the Commissioner
determines, as the result of an evaluation under subsection
(f), that such levels are reasonable, valid, and informative
to the public; and
(iii) updated as appropriate.
(B) In using such levels on a developmental basis, the
Commissioner and the Board shall ensure that reports that use
such levels do so in a manner that makes clear the
developmental status of such levels.
(3) Reporting.--After determining that such levels are
reasonable, valid, and informative to the public, as the
result of an evaluation under subsection (f), the
Commissioner shall use such levels or other methods or
indicators for reporting results of the National Assessment
and State assessments.
(f) Review of National and State Assessments.--
(1) In general.--(A) The Secretary shall provide for
continuing review of the National Assessment, State
assessments, and student performance levels, by one or more
nationally recognized evaluation organizations, such as the
National Academy of Education and the National Academy of
Sciences.
(B) Such continuing review shall address--
(i) whether each developmental State assessment is properly
administered, produces high quality data that are valid and
reliable, and produces data on student achievement that are
not otherwise available to the State (other than data
comparing participating States to each other and the Nation);
and
(ii) whether developmental student performance levels are
reasonable, valid, and informative to the public.
(2) Report.--The Secretary shall report to the Congress,
the President, and the Nation on the findings and
recommendations of such reviews.
(3) Use of findings and recommendations.--The Commissioner
shall consider the findings and recommendations of such
reviews in designing the competition to select the
organization, or organizations, through which the
Commissioner carries out the National Assessment.
(g) Coverage Agreements.--
(1) Department of defense schools.--The Secretary and the
Secretary of Defense may enter into an agreement, including
such terms as are mutually satisfactory, to include in the
National Assessment elementary and secondary schools operated
by the Department of Defense.
(2) Bureau of indian affairs schools.--The Secretary and
the Secretary of the Interior may enter into an agreement,
including such terms as are mutually satisfactory, to include
in the National Assessment schools for Indian children
operated or supported by the Bureau of Indian Affairs.
SEC. 412. NATIONAL ASSESSMENT GOVERNING BOARD.
(a) Establishment.--There is established the National
Assessment Governing Board (hereafter in this title referred
to as the ``Board''), which shall formulate policy guidelines
for the National Assessment.
(b) Membership.--
(1) Appointment and composition.--The Board shall be
appointed by the Secretary and be composed of--
(A) two Governors, or former Governors, who shall not be
members of the same political party;
(B) two State legislators, who shall not be members of the
same political party;
(C) two chief State school officers;
(D) one superintendent of a local educational agency;
(E) one member of a State board of education;
(F) one member of a local board of education;
(G) three classroom teachers representing the grade levels
at which the National Assessment is conducted;
(H) one representative of business or industry;
(I) two curriculum specialists;
(J) three testing and measurement experts, who shall have
training and experience in the field of testing and
measurement;
(K) one nonpublic school administrator or policymaker;
(L) two school principals, of whom one shall be an
elementary school principal and one shall be a secondary
school principal; and
(M) four additional members who are representatives of the
general public, including parents.
(2) Assistant secretary for educational research.--The
Assistant Secretary for Educational Research and Improvement
shall serve as an ex officio, nonvoting member of the Board.
(3) Special rule.--The Secretary and the Board shall ensure
at all times that the membership of the Board reflects
regional, racial, gender, and cultural balance and diversity
and that the Board exercises its independent judgment, free
from inappropriate influences and special interests.
(c) Terms.--
(1) In general.--Terms of service of members of the Board
shall be staggered and may not exceed a period of 3 years, as
determined by the Secretary.
(2) Service limitation.--Members of the Board may serve not
more than two terms.
(3) Change of status.--A member of the Board who changes
status under subsection (b) during the term of the
appointment of the member may continue to serve as a member
until the expiration of such term.
(d) Vacancies.--
(1) In general.--(A) The Secretary shall appoint new
members to fill vacancies on the Board from among individuals
who are nominated by organizations representing the type of
individuals described in subsection (b)(1) with respect to
which the vacancy exists.
(B) Each organization submitting nominations to the
Secretary with respect to a particular vacancy shall nominate
for such vacancy six individuals who are qualified by
experience or training to fill the particular Board vacancy.
(C) The Secretary's appointments shall maintain the
composition, diversity, and balance of the Board required
under subsection (b).
(2) Additional nominations.--The Secretary may request that
each organization described in paragraph (1)(A) submit
additional nominations if the Secretary determines that none
of the individuals nominated by such organization have
appropriate knowledge or expertise.
(e) Duties.--
(1) In general.--In carrying out its functions under this
section the Board shall--
(A) select subject areas to be assessed (consistent with
section 411(b)(1));
(B) develop appropriate student performance levels as
provided in section 411(e);
(C) develop assessment objectives and test specifications
through a national consensus approach which includes the
active participation of teachers, curriculum specialists,
local school administrators, parents, and concerned members
of the public;
(D) design the methodology of the assessment, in
consultation with appropriate technical experts, including
the Advisory Council established under section 407;
(E) develop guidelines for reporting and disseminating
results;
(F) develop standards and procedures for interstate,
regional, and national comparisons; and
(G) take appropriate actions needed to improve the form and
use of the National Assessment.
(2) Delegation.--The Board may delegate any of the Board's
procedural and administrative functions to its staff.
(3) Cognitive items.--The Board shall have final authority
on the appropriateness of cognitive items.
(4) Prohibition against bias.--The Board shall take steps
to ensure that all items selected for use in the National
Assessment are free from racial, cultural, gender, or
regional bias.
(5) Technical.--In carrying out the duties required by
paragraph (1), the Board may seek technical advice, as
appropriate, from the Commissioner and the Advisory Council
on Education Statistics and other experts.
(6) Report.--Not later than 90 days after an evaluation of
the student performance levels under section 411(e), the
Board shall
[[Page 2239]]
make a report to the Secretary, the Committee on Education
and Labor of the House of Representatives, and the Committee
on Labor and Human Resources of the Senate describing the
steps the Board is taking to respond to each of the
recommendations contained in such evaluation.
(f) Personnel.--
(1) In general.--In the exercise of its responsibilities,
the Board shall be independent of the Secretary and the other
offices and officers of the Department.
(2) Staff.--(A) The Secretary may appoint, at the request
of the Board, such staff as will enable the Board to carry
out its responsibilities.
(B) Such appointments may include, for terms not to exceed
three years and without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service, not more than six technical employees who may be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates.
(g) Coordination.--The Commissioner and the Board shall
meet periodically--
(1) to ensure coordination of their duties and activities
relating to the National Assessment; and
(2) for the Commissioner to report to the Board on the
Department's actions to implement the decisions of the Board.
(h) Administration.--Only sections 10, 11, and 12 of the
Federal Advisory Committee Act shall apply with respect to
the Board.
SEC. 413. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
$65,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the four succeeding fiscal years to
carry out this title (other than sections 411 and 412).
(b) National Assessment.--There are authorized to be
appropriated $35,000,000 for fiscal year 1995 and such sums
as may be necessary for each of the fiscal years 1996 and
1997 to carry out section 411.
(c) Governing Board.--There are authorized to be
appropriated $3,000,000 for fiscal year 1995 and such sums as
may be necessary for each of the fiscal years 1996 and 1997
to carry out section 412 .
TITLE V--MISCELLANEOUS PROVISIONS
PART A--ALBERT EINSTEIN DISTINGUISHED EDUCATOR FELLOWSHIP ACT
SEC. 511. SHORT TITLE.
This part may be cited as the ``Albert Einstein
Distinguished Educator Fellowship Act of 1994''.
SEC. 512. FINDINGS.
The Congress finds that--
(1) the Department of Energy has unique and extensive
mathematics and science capabilities that contribute to
mathematics and science education programs throughout the
Nation;
(2) a need exists to increase understanding, communication,
and cooperation between the Congress, the Department of
Energy, other Federal agencies, and the mathematics and
science education community;
(3) elementary and secondary school mathematics and science
teachers can provide practical insight to the legislative and
executive branches in establishing and operating education
programs; and
(4) a pilot program that placed elementary and secondary
school mathematics and science teachers in professional staff
positions in the Senate and the House of Representatives has
proven successful and demonstrated the value of expanding the
program.
SEC. 513. PURPOSE; DESIGNATION.
(a) Purpose.--The purpose of this part is to establish
within the Department of Energy a national fellowship program
for elementary and secondary school mathematics and science
teachers.
(b) Designation.--A recipient of a fellowship under this
part shall be known as an ``Albert Einstein Fellow''.
SEC. 514. DEFINITIONS.
As used in this part--
(1) the term ``elementary school'' has the meaning provided
by section 14101 of the Elementary and Secondary Education
Act of 1965;
(2) the term ``local educational agency'' has the meaning
provided by section 14101 of the Elementary and Secondary
Education Act of 1965;
(3) the term ``secondary school'' has the meaning provided
by section 14101 of the Elementary and Secondary Education
Act of 1965; and
(4) the term ``Secretary'' means the Secretary of Energy.
SEC. 515. FELLOWSHIP PROGRAM.
(a) In General.--
(1) Establishment.--The Secretary shall establish the
Albert Einstein Distinguished Educator Fellowship Program
(hereafter in this part referred to as the ``Program'') to
provide 12 elementary or secondary school mathematics or
science teachers with fellowships in each fiscal year in
accordance with this part.
(2) Order of priority.--The Secretary may reduce the number
of fellowships awarded under this part for any fiscal year in
which the amount appropriated for the Program is insufficient
to support 12 fellowships. If the number of fellowships
awarded under this part is reduced for any fiscal year, then
the Secretary shall award fellowships based on the following
order of priority:
(A) Three fellowships in the Department of Energy.
(B) Two fellowships in the Senate.
(C) Two fellowships in the House of Representatives.
(D) One fellowship in each of the following entities:
(i) The Department of Education.
(ii) The National Institutes of Health.
(iii) The National Science Foundation.
(iv) The National Aeronautics and Space Administration.
(v) The Office of Science and Technology Policy.
(3) Terms of fellowships.--Each fellowship awarded under
this part shall be awarded for a period of ten months that,
to the extent practicable, coincide with the academic year.
(4) Eligibility.--To be eligible for a fellowship under
this part, an elementary or secondary school mathematics or
science teacher must demonstrate--
(A) that such teacher would bring unique and valuable
contributions to the Program;
(B) that such teacher is recognized for excellence in
mathematics or science education; and
(C)(i) a sabbatical leave from teaching will be granted in
order to participate in the Program; or
(ii) the teacher will return to a teaching position
comparable to the position held prior to participating in the
Program.
(b) Administration.--The Secretary shall--
(1) provide for the development and administration of an
application and selection process for fellowships under the
Program, including a process whereby final selections of
fellowship recipients are made in accordance with subsection
(c);
(2) provide for the publication of information on the
Program in appropriate professional publications, including
an invitation for applications from teachers listed in the
directories of national and State recognition programs;
(3) select from the pool of applicants 12 elementary and
secondary school mathematics teachers and 12 elementary and
secondary school science teachers;
(4) develop a program of orientation for fellowship
recipients under this part; and
(5) not later than August 31 of each year in which
fellowships are awarded, prepare and submit an annual report
and evaluation of the Program to the appropriate Committees
of the Senate and the House of Representatives.
(c) Selection.--
(1) In general.--The Secretary shall arrange for the 24
semifinalists to travel to Washington, D.C., to participate
in interviews in accordance with the selection process
described in paragraph (2).
(2) Final selection.--(A) Not later than May 1 of each year
preceding each year in which fellowships are to be awarded,
the Secretary shall select and announce the names of the
fellowship recipients.
(B) The Secretary shall provide for the development and
administration of a process to select fellowship recipients
from the pool of semifinalists as follows:
(i) The Secretary shall select three fellowship recipients
who shall be assigned to the Department of Energy.
(ii) The Majority Leader of the Senate and the Minority
Leader of the Senate, or their designees, shall each select a
fellowship recipient who shall be assigned to the Senate.
(iii) The Speaker of the House of Representatives and the
Minority Leader of the House of Representatives, or their
designees, shall each select a fellowship recipient who shall
be assigned to the House of Representatives.
(iv) Each of the following individuals, or their designees,
shall select one fellowship recipient who shall be assigned
within the department, office, agency, or institute such
individual administers:
(I) The Secretary of Education.
(II) The Director of the National Institutes of Health.
(III) The Director of the National Science Foundation.
(IV) The Administrator of the National Aeronautics and
Space Administration.
(V) The Director of the Office of Science and Technology
Policy.
SEC. 516. FELLOWSHIP AWARDS.
(a) Fellowship Recipient Compensation.--Each recipient of a
fellowship under this part shall be paid during the
fellowship period at a rate of pay that shall not exceed the
minimum annual rate payable for a position under GS-13 of the
General Schedule.
(b) Local Educational Agency.--The Secretary shall seek to
ensure that no local educational agency penalizes a teacher
who elects to participate in the Program.
SEC. 517. WASTE MANAGEMENT EDUCATION RESEARCH CONSORTIUM
(WERC).
(a) In General.--The Secretary is authorized to establish a
partnership of Department of Energy laboratories, academic
institutions, and private sector industries to conduct
environmentally-related education programs, including
programs involving environmentally conscious manufacturing
and waste management activities that have undergraduate and
graduate educational training as a component.
SEC. 518. AUTHORIZATION OF APPROPRIATIONS.
(a) There are authorized to be appropriated for the Program
$700,000 for fiscal year 1995, and such sums as may be
necessary for each of the four succeeding fiscal years.
(b) WERC program.--There are authorized to be appropriated
for the WERC program under section 517 such sums as may be
necessary for fiscal year 1995 and each of the four
succeeding fiscal years.
[[Page 2240]]
PART B--COMMUNITY SCHOOL PARTNERSHIPS
SEC. 521. SHORT TITLE.
This part may be cited as the ``Community School
Partnership Act''.
SEC. 522. FINDINGS.
The Congress finds that--
(1) the local community, when properly organized and
challenged, is one of the best sources of academic support,
motivation toward achievement, and financial resources for
aspiring postsecondary students;
(2) local communities, working to complement or augment
services currently being offered by area schools and
colleges, can raise the educational expectations and increase
the rate of postsecondary attendance of their youth by
forming locally based organizations that provide both
academic support (including guidance, counseling, mentoring,
tutoring, encouragement, and recognition) and tangible,
locally raised, effectively targeted, publicly recognized
financial assistance;
(3) proven methods of stimulating these community efforts
can be promoted through Federal support for the establishment
of area program centers to organize and challenge community
efforts to develop educational incentives and support for
local students; and
(4) using Federal funds to leverage private contributions
to help students from low-income families attain educational
and career goals is an efficient and effective investment of
scarce taxpayer-provided resources.
SEC. 523. DEFINITIONS.
As used in this part:
(1) Area program center.--The term ``area program center''
means an organization that--
(A) is part of, responsible to, and overseen by, the
national organization; and
(B) is staffed by professionals trained to create, develop,
and sustain local affiliated chapters in towns, cities, and
neighborhoods.
(2) Local affiliated chapter.--The term ``local affiliated
chapter'' means an organization that--
(A) is a nonprofit organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986, and
exempt from taxation under section 501(a) of such Code (or
shall meet this criteria through affiliation with the
national organization described in paragraph (3));
(B) is formed for the purpose of providing educational
scholarships and academic support for residents of the local
community served by such organization;
(C) solicits broad-based community support in its academic
support and fund-raising activities;
(D) is broadly representative of the local community in the
structures of its volunteer-operated organization and has a
board of directors that includes leaders from local
neighborhood organizations and neighborhood residents, such
as school or college personnel, parents, students, community
agency representatives, and representatives of the business
community;
(E) awards scholarships without regard to age, sex, marital
status, race, creed, color, religion, national origin or
disability; and
(F) gives priority in awarding scholarships to students
from low-income families in the local community.
(3) National organization.--The term ``national
organization'' means an organization that--
(A) has the capacity to create, develop and sustain local
affiliated chapters;
(B) has the capacity to sustain newly created local
affiliated chapters in towns, cities, and neighborhoods
through ongoing training and support programs;
(C) is described in section 501(c)(3) of the Internal
Revenue Code of 1986, and exempt from taxation under section
501(a) of such Code;
(D) is a publicly supported organization within the meaning
of section 170(b)(1)(A)(vi) of such Code;
(E) ensures that each of its local affiliated chapters meet
the criteria described in subparagraphs (C) and (D); and
(F) has a program for or experience in cooperating with
secondary and postsecondary institutions in carrying out its
scholarship and academic support activities.
(4) High-poverty area.--The term ``high-poverty area''
means a community with a higher percentage of children in
poverty than the national average of such percentage.
(5) Students from low-income families.--The term ``students
from low-income families'' means students determined,
pursuant to part F of title IV of the Higher Education Act of
1965, to be eligible for a Federal Pell Grant under subpart 1
of part A of title IV of such Act.
SEC. 524. PURPOSE; ENDOWMENT GRANT AUTHORITY.
(a) Purpose.--It is the purpose of this part to establish
and support area program centers to enable such centers to
foster the development of local affiliated chapters in high-
poverty areas that promote higher education goals for
students from low-income families by--
(1) providing academic support, including guidance,
counseling, mentoring, tutoring, and recognition; and
(2) providing scholarship assistance for the pursuit of
postsecondary education.
(b) Endowment Grant Authority.--From the funds appropriated
pursuant to the authority of section 527, the Secretary shall
award an endowment grant, on a competitive basis, to a
national organization to enable such organization to support
the establishment or ongoing work of area program centers
that foster the development of local affiliated chapters in
high-poverty areas to improve high school graduation rates
and postsecondary attendance through the provision of
academic support services and scholarship assistance for the
pursuit of postsecondary education.
SEC. 525. GRANT AGREEMENT AND REQUIREMENTS.
(a) In General.--The Secretary shall award the endowment
grant described in section 524(b) pursuant to an agreement
between the Secretary and the national organization. Such
agreement shall--
(1) require the national organization to establish an
endowment fund in the amount of the grant, the corpus of
which shall remain intact and the interest income from which
shall be used to support the activities described in
paragraphs (2) and (3);
(2) require the national organization to use 25 percent of
the interest income from the endowment fund in any fiscal
year to provide scholarships for students from low-income
families, which scholarships shall be matched on a dollar-
for-dollar basis from funds raised by local affiliated
chapters;
(3) require the national organization to use 75 percent of
the interest income from the endowment fund in any fiscal
year to support the establishment or ongoing work of area
program centers to enable such centers to work with local
communities to establish local affiliated chapters in high-
poverty areas and provide ongoing technical assistance,
training workshops, and other activities to help ensure the
ongoing success of the local affiliated chapters;
(4) require the area program centers supported by the
national organization to give priority to establishing local
affiliated chapters that serve high-poverty areas;
(5) require the national organization to submit, in each
fiscal year in which such organization uses the interest from
the endowment fund, a report to the Secretary that contains--
(A) a description of the programs and activities supported
by the interest on the endowment fund;
(B) the audited financial statement of the national
organization for the preceding fiscal year;
(C) a plan for the programs and activities to be supported
from the interest on the endowment fund during the five
succeeding fiscal years;
(D) an evaluation of the programs and activities supported
by the interest on the endowment fund as the Secretary may
require; and
(E) data indicating the number of students from low-income
families who received scholarships from local affiliated
chapters, and the amounts of such scholarships;
(6) contain such assurances as the Secretary may require
with respect to the management and operation of the endowment
fund;
(7) require that, in order to continue using the interest
from the endowment fund, the national organization will meet
the continuing eligibility requirements described in section
526; and
(8) contain an assurance that if the Secretary determines
that such organization is not in substantial compliance with
the provisions of this part, then the national organization
shall pay to the Secretary an amount equal to the corpus of
the endowment fund plus any accrued interest on such fund
that is available to the national organization on the date of
such determination.
(b) Returned Funds.--All funds returned to the Secretary
pursuant to subsection (a)(8) shall be available to the
Secretary to carry out any scholarship or grant program
assisted under title IV of the Higher Education Act of 1965.
SEC. 526. CONTINUING ELIGIBILITY.
The national organization shall be eligible to continue to
use the interest from the endowment fund in accordance with
the provisions of this part in the third and each such
succeeding fiscal year in which such organization uses such
interest only if the local affiliated chapters associated
with all area program centers supported under this part
distribute to students from low-income families 80 percent of
the total amount of funds raised by all such chapters in such
year.
SEC. 527. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $10,000,000 for
fiscal year 1996 to carry out this part.
PART C--1994 INSTITUTIONS
SEC. 531. SHORT TITLE.
This part may be cited as the ``Equity in Educational Land-
Grant Status Act of 1994''.
SEC. 532. DEFINITION.
As used in this part, the term ``1994 Institutions'' means
any one of the following colleges:
(1) Bay Mills Community College.
(2) Blackfeet Community College.
(3) Cheyenne River Community College.
(4) D-Q University.
(5) Dullknife Memorial College.
(6) Fond Du Lac Community College.
(7) Fort Belknap Community College.
(8) Fort Berthold Community College.
(9) Fort Peck Community College.
(10) LacCourte Orielles Ojibwa Community College.
(11) Little Big Horn Community College.
(12) Little Hoop Community College.
(13) Nebraska Indian Community College.
(14) Northwest Indian College.
(15) Oglala Lakota College.
[[Page 2241]]
(16) Salish Kootenai College.
(17) Sinte Gleska University.
(18) Sisseton Wahpeton Community College.
(19) Standing Rock College.
(20) Stonechild Community College.
(21) Turtle Mountain Community College.
(22) Navajo Community College.
(23) United Tribes Technical College.
(24) Southwest Indian Polytechnic Institute.
(25) Institute of American Indian and Alaska Native Culture
and Arts Development.
(26) Crownpoint Institute of Technology.
(27) Haskell Indian Junior College.
(28) Leech Lake Tribal College.
(29) College of the Menominee Nation.
SEC. 533. LAND-GRANT STATUS FOR 1994 INSTITUTIONS.
(a) In General.--
(1) Status of 1994 institutions.--Except as provided in
paragraph (2), 1994 Institutions shall be considered land-
grant colleges established for the benefit of agriculture and
the mechanic arts in accordance with the provisions of the
Act of July 2, 1862 (12 Stat. 503; 7 U.S.C. 301 et seq.)
(commonly known as the First Morrill Act).
(2) 1994 institutions.--(A) 1994 Institutions shall not be
considered as land-grant colleges that are eligible to
receive funding under--
(i) the Act of March 2, 1887 (24 Stat. 440, chapter 314; 7
U.S.C. 361a et seq.);
(ii) the Act of May 8, 1914 (38 Stat. 373, chapter 79; 7
U.S.C. 343), except as provided under section 3(b)(3) of such
Act (as added by section 534(b)(1) of this part); or
(iii) the Act of August 30, 1890 (26 Stat. 417, chapter
841; 7 U.S.C. 321 et seq.) (commonly known as the Second
Morrill Act.)
(B) In lieu of receiving donations under the provisions of
the Act of July 2, 1862 (12 Stat. 503; 7 U.S.C. 301 et seq.)
(commonly known as the First Morrill Act), relating to the
donations of public land or scrip for the endowment and
maintenance of colleges for the benefit of agriculture and
the mechanic arts, 1994 Institutions shall receive funding
pursuant to the authorization under subsection (b).
(b) Authorization of Appropriations.--There are authorized
to be appropriated $4,600,000 for each of fiscal years 1996
through 2000. Amounts appropriated pursuant to this section
shall be held and considered to have been granted to 1994
Institutions to establish an endowment pursuant to subsection
(c).
(c) Endowment.--
(1) In general.--In accordance with this subsection, the
Secretary of the Treasury shall establish a 1994 Institutions
Endowment Fund (hereafter in this subsection referred to as
the ``endowment fund''). The Secretary may enter into such
agreements as are necessary to carry out this subsection.
(2) Deposit to the endowment fund.--The Secretary shall
deposit in the endowment fund any--
(A) amounts made available by appropriations pursuant to
subsection (b) (hereafter in this subsection referred to as
the ``endowment fund corpus''); and
(B) interest earned on the endowment fund corpus.
(3) Investments.--The Secretary shall invest the endowment
fund corpus and income in interest-bearing obligations of the
United States.
(4) Withdrawals and expenditures.--The Secretary may not
make a withdrawal or expenditure from the endowment fund
corpus. On the termination of each fiscal year, the Secretary
shall withdraw the amount of the income from the endowment
fund for the fiscal year, and after making adjustments for
the cost of administering the endowment fund, distribute the
adjusted income as follows:
(A) 60 percent of the adjusted income shall be distributed
among the 1994 Institutions on a pro rata basis. The
proportionate share of the adjusted income received by a 1994
Institution under this subparagraph shall be based on the
Indian student count (as defined in section 390(3) of the
Carl D. Perkins Vocational and Applied Technology Education
Act (20 U.S.C. 2397h(3)) for each 1994 Institution for the
fiscal year.
(B) 40 percent of the adjusted income shall be distributed
in equal shares to the 1994 Institutions.
SEC. 534. APPROPRIATIONS.
(a) Authorization of Appropriations.--
(1) In general.--For fiscal year 1996, and for each fiscal
year thereafter, there are authorized to be appropriated to
the Department of the Treasury an amount equal to--
(A) $50,000; multiplied by
(B) the number of 1994 Institutions.
(2) Payments.--For each fiscal year, the Secretary of the
Treasury shall pay to the treasurer of each 1994 Institution
an amount equal to--
(A) the total amount made available by appropriations
pursuant to paragraph (1); divided by
(B) the number of 1994 Institutions.
(3) Use of funds; requirements.--The amounts authorized to
be appropriated under this subsection shall be used in the
same manner as is prescribed for colleges under the Act of
August 30, 1890 (26 Stat. 417, chapter 841; 7 U.S.C. 321 et
seq.) (commonly known as the Second Morrill Act), and, except
as otherwise provided in this subsection, the requirements of
such Act shall apply to 1994 Institutions.
(b) Funding.--Section 3 of the Act of May 8, 1914 (38 Stat.
373, chapter 79; 7 U.S.C. 343) is amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
``(3) There are authorized to be appropriated for the
fiscal year ending June 30, 1996, and for each fiscal year
thereafter, for payment on behalf of the 1994 Institutions
(as defined in section 532 of the Equity in Educational Land-
Grant Status Act of 1994), $5,000,000 for the purposes set
forth in section 2. Such sums shall be in addition to the
sums appropriated for the several States and Puerto Rico, the
Virgin Islands, and Guam under the provisions of this
section. Such sums shall be distributed on the basis of a
competitive application process to be developed and
implemented by the Secretary and paid by the Secretary to
State institutions established in accordance with the
provisions of the Act of July 2, 1862 (12 Stat. 503, chapter
130; 7 U.S.C. 301 et seq.) (commonly known as the First
Morrill Act) (other than 1994 Institutions) and administered
by such institutions through cooperative agreements with 1994
Institutions in the States of the 1994 Institutions in
accordance with regulations that the Secretary shall
adopt.'';
(2) by redesignating subsection (f) as subsection (g); and
(3) by inserting after subsection (e) the following new
subsection:
``(f) There shall be no matching requirement for funds made
available pursuant to subsection (b)(3).''.
SEC. 535. INSTITUTIONAL CAPACITY BUILDING GRANTS.
(a) Definitions.--As used in this section:
(1) Federal share.--The term ``Federal share'' means, with
respect to a grant awarded under subsection (b), the share of
the grant that is provided from Federal funds.
(2) Non-federal share.--The term ``non-Federal share''
means, with respect to a grant awarded under subsection (b),
the matching funds paid with funds other than funds referred
to in paragraph (1), as determined by the Secretary.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) In General.--
(1) Institutional capacity building grants.--For each of
fiscal years 1996 through 2000, the Secretary shall make two
or more institutional capacity building grants to assist 1994
Institutions with constructing, acquiring, and remodeling
buildings, laboratories, and other capital facilities
(including fixtures and equipment) necessary to conduct
instructional activities more effectively in agriculture and
sciences.
(2) Requirements for grants.--The Secretary shall make
grants under this section--
(A) on the basis of a competitive application process under
which appropriate officials of 1994 Institutions may submit
applications to the Secretary in such form and manner as the
Secretary may prescribe; and
(B) in such manner as to ensure geographic diversity with
respect to the 1994 Institutions that are the subject of the
grants.
(3) Demonstration of need.--The Secretary shall require, as
part of an application for a grant under this subsection, a
demonstration of need. The Secretary may only award a grant
under this subsection to an applicant that demonstrates a
failure to obtain funding for a project after making a
reasonable effort to otherwise obtain the funding.
(4) Payment of non-federal share.--A grant awarded under
this subsection shall be made only if the recipient of the
grant pays a non-Federal share in an amount specified by the
Secretary.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Department of Agriculture to carry
out this section, $1,700,000 for each of fiscal years 1996
through 2000.
PART D--WORKERS TECHNOLOGY SKILL DEVELOPMENT
SEC. 541. SHORT TITLE.
This part may be cited as the ``Workers Technology Skill
Development Act''.
SEC. 542. FINDINGS.
The Congress finds and declares the following:
(1) In an increasingly competitive world economy, the
companies and nations that lead in the rapid development,
commercialization, and application of new and advanced
technologies, and in the high-quality, competitively priced
production of goods and services, will lead in economic
growth, employment, and high living standards.
(2) While the United States remains the world leader in
science and invention, it has not done well in rapidly making
the transition from achievement in its research laboratories
to high-quality, competitively priced production of goods and
services. This lag and the unprecedented competitive
challenge that the United States has faced from abroad have
contributed to a drop in real wages and living standards.
(3) Companies that are successfully competitive in the
rapid development, commercialization, application, and
implementation of advanced technologies, and in the
successful delivery of goods and services, recognize that
worker participation and labor-management cooperation in the
deployment, application, and implementation of advanced
workplace technologies make an important contribution to
high-quality, competitively priced production of goods and
services and in maintaining and improving real wages for
workers.
(4) The Federal Government has an important role in
encouraging and augmenting private sector efforts relating to
the development, application, manufacture, and deployment of
new and advanced technologies. The role should be to--
[[Page 2242]]
(A) work with private companies, States, worker
organizations, nonprofit organizations, and institutions of
higher education to ensure the development, application,
production, and implementation of new and advanced
technologies to promote the improvement of workers' skills,
wages, job security, and working conditions, and a healthy
environment;
(B) encourage worker and worker organization participation
in the development, commercialization, evaluation, selection,
application, and implementation of new and advanced
technologies in the workplace; and
(C) promote the use and integration of new and advanced
technologies in the workplace that enhance workers' skills.
(5) In working with the private sector to promote the
technological leadership and economic growth of the United
States, the Federal Government has a responsibility to ensure
that Federal technology programs help the United States to
remain competitive and to maintain and improve living
standards and to create and retain secure jobs in
economically stable communities.
SEC. 543. PURPOSES.
The purposes of this part are to--
(1) improve the ability of workers and worker organizations
to recognize, develop, assess, and improve strategies for
successfully integrating workers and worker organizations
into the process of evaluating, selecting, and implementing
advanced workplace technologies, and advanced workplace
practices in a manner that creates and maintains stable well-
paying jobs for workers; and
(2) assist workers and worker organizations in developing
the expertise necessary for effective participation with
employers in the development of strategies and programs for
the successful evaluation, selection, and implementation of
advanced workplace technologies and advanced workplace
practices through the provision of a range of education,
training, and related services.
SEC. 544. DEFINITIONS.
As used in this part:
(1) Advanced workplace practices.--The term ``advanced
workplace practices'' means innovations in work organization
and performance, including high-performance workplace
systems, flexible production techniques, quality programs,
continuous improvement, concurrent engineering, close
relationships between suppliers and customers, widely
diffused decisionmaking and work teams, and effective
integration of production technology, worker skills and
training, and workplace organization, and such other
characteristics as determined appropriate by the Secretary of
Labor, in consultation with the Secretary of Commerce.
(2) Advanced workplace technologies.--The term ``advanced
workplace technologies'' includes--
(A) numerically controlled machine tools, robots, automated
process control equipment, computerized flexible
manufacturing systems, associated computer software, and
other technology for improving the manufacturing and
industrial production of goods and commercial services, which
advance the state-of-the-art; or
(B) novel industrial and commercial techniques and
processes not previously generally available that improve
quality, productivity, and practices, including engineering
design, quality assurance, concurrent engineering, continuous
process production technology, inventory management, upgraded
worker skills, communications with customers and suppliers,
and promotion of sustainable economic growth.
(3) Department.--The term ``Department'' means the
Department of Labor.
(4) Nonprofit organization.--The term ``nonprofit
organization'' means a tax-exempt organization, as described
in paragraph (3), (4), or (5) of section 501(c) of the
Internal Revenue Code of 1986.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(6) Worker organization.--The term ``worker organization''
means a labor organization within the meaning of section
501(c)(5) of the Internal Revenue Code of 1986.
SEC. 545. GRANTS.
(a) In General.--The Secretary of Labor, after consultation
with the Secretary of Commerce, shall, to the extent
appropriations are available, award grants to eligible
entities to carry out the purposes described in section 543.
(b) Eligibility.--To be eligible to receive a grant under
this section, an entity shall--
(1) be a nonprofit organization, or a partnership
consortium of such organizations;
(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require, including a description of the
activities that the entity will carry out using amounts
received under the grant; and
(3) agree to make available (directly or through donations
from public or private entities) non-Federal contributions
toward the costs of the activities to be conducted with grant
funds, in an amount equal to the amount required under
subsection (d).
(c) Use of Amounts.--An entity shall use amounts received
under a grant awarded under this section to carry out the
purposes described in section 543 through activities such
as--
(1) the provision of technical assistance to workers,
worker organizations, employers, State economic development
agencies, State industrial extension programs, Advanced
Technology Centers, and National Manufacturing Technology
Centers to identify advanced workplace practices and
strategies that enhance the effective evaluation, selection,
and implementation of advanced workplace technologies;
(2) the researching and identification of new and advanced
workplace technologies, and advanced workplace practices that
promote the improvement of workers' skills, wages, working
conditions, and job security, that research the link between
advanced workplace practices and long-term corporate
performance, and which are consistent with the needs of local
communities and the need for a healthy environment; and
(3) the development and dissemination of training programs
and materials to be used for and by workers, worker
organizations, employers, State economic development
agencies, State industrial extension programs, Advanced
Technology Centers, and National Manufacturing Technology
Centers relating to the activities and services provided
pursuant to paragraphs (1) and (2), and regarding successful
practices including practices which address labor-management
cooperation and the involvement of workers in the design,
development, and implementation of workplace practices and
technologies.
(d) Terms of Grants and Non-Federal Shares.--
(1) Terms.--Grants awarded under this section shall be for
a term not to exceed six years.
(2) Non-federal share.--Amounts required to be contributed
by an entity under subsection (b)(3) shall equal--
(A) an amount equal to 15 percent of the amount provided
under the grant in the first year for which the grant is
awarded;
(B) an amount equal to 20 percent of the amount provided
under the grant in the second year for which the grant is
awarded;
(C) an amount equal to 33 percent of the amount provided
under the grant in the third year for which the grant is
awarded;
(D) an amount equal to 40 percent of the amount provided
under the grant in the fourth year for which the grant is
awarded; and
(E) an amount equal to 50 percent of the amount provided
under the grant in the fifth and sixth years for which the
grant is awarded.
(e) Evaluation.--The Department shall develop mechanisms
for evaluating the effectiveness of the use of a grant
awarded under this section in carrying out the purposes under
section 543 and, not later than two years after the date of
enactment of this Act, and every two years thereafter,
prepare and submit a report to Congress concerning such
evaluation.
SEC. 546. IDENTIFICATION AND DISSEMINATION OF BEST PRACTICES.
(a) In General.--
(1) Information.--The Secretary, in cooperation and after
consultation with the Secretary of Commerce, shall assist
workers, worker organizations, and employers in successfully
adopting advanced workplace technologies, and advanced
workplace practices by identifying, collecting, and
disseminating information on best workplace practices and
workplace assessment tools, including--
(A) methods, techniques, and successful models of labor-
management cooperation and of worker and worker organization
participation in the development, evaluation, selection, and
implementation of new and advanced workplace technologies,
and advanced workplace practices;
(B) methods, techniques, and successful models for the
design and implementation of new and advanced workplace
practices;
(C) methods, techniques, and successful models for the
design and implementation of advanced forms of work
organization; and
(D) methods, techniques, and successful models for the
assessment of worker skills and training needs relating to
the effective development, evaluation, selection, and
implementation of advanced workplace technologies, and
advanced workplace practices.
(2) Contents.--Such information on best workplace practices
shall include--
(A) summaries and analyses of best practice cases;
(B) criteria for assessment of current workplace practices;
and
(C) information on the best available education and
training materials and services relating to the development,
implementation, and operation of systems utilizing new and
advanced workplace technologies, and advanced workplace
practices.
(b) Distribution.--The information and materials developed
under this section shall be distributed through an
appropriate entity designated by the Secretary of Commerce to
the Regional Centers for the Transfer of Manufacturing
Technology, to the Manufacturing Outreach Center, to other
technology training entities, and directly to others as
determined appropriate by the Secretary of Labor and the
Secretary of Commerce.
SEC. 547. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
carry out this part such sums as may be necessary for each of
the fiscal years 1995 through 1997.
(b) Availability.--Amounts appropriated under subsection
(a) shall remain available until expended.
PART E--MULTIETHNIC PLACEMENT
Subpart 1--Multiethnic Placement
SEC. 551. SHORT TITLE.
This subpart may be cited as the ``Howard M. Metzenbaum
Multiethnic Placement Act of 1994''.
SEC. 552. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) nearly 500,000 children are in foster care in the
United States;
[[Page 2243]]
(2) tens of thousands of children in foster care are
waiting for adoption;
(3) 2 years and 8 months is the median length of time that
children wait to be adopted;
(4) child welfare agencies should work to eliminate racial,
ethnic, and national origin discrimination and bias in
adoption and foster care recruitment, selection, and
placement procedures; and
(5) active, creative, and diligent efforts are needed to
recruit foster and adoptive parents of every race, ethnicity,
and culture in order to facilitate the placement of children
in foster and adoptive homes which will best meet each
child's needs.
(b) Purpose.--It is the purpose of this subpart to promote
the best interests of children by--
(1) decreasing the length of time that children wait to be
adopted;
(2) preventing discrimination in the placement of children
on the basis of race, color, or national origin; and
(3) facilitating the identification and recruitment of
foster and adoptive families that can meet children's needs.
SEC. 553. MULTIETHNIC PLACEMENTS.
(a) Activities.--
(1) Prohibition.--An agency, or entity, that receives
Federal assistance and is involved in adoption or foster care
placements may not--
(A) categorically deny to any person the opportunity to
become an adoptive or a foster parent, solely on the basis of
the race, color, or national origin of the adoptive or foster
parent, or the child, involved; or
(B) delay or deny the placement of a child for adoption or
into foster care, or otherwise discriminate in making a
placement decision, solely on the basis of the race, color,
or national origin of the adoptive or foster parent, or the
child, involved.
(2) Permissible consideration.--An agency or entity to
which paragraph (1) applies may consider the cultural,
ethnic, or racial background of the child and the capacity of
the prospective foster or adoptive parents to meet the needs
of a child of this background as one of a number of factors
used to determine the best interests of a child.
(3) Definition.--As used in this subsection, the term
``placement decision'' means the decision to place, or to
delay or deny the placement of, a child in a foster care or
an adoptive home, and includes the decision of the agency or
entity involved to seek the termination of birth parent
rights or otherwise make a child legally available for
adoptive placement.
(b) Equitable Relief.--Any individual who is aggrieved by
an action in violation of subsection (a), taken by an agency
or entity described in subsection (a), shall have the right
to bring an action seeking relief in a United States district
court of appropriate jurisdiction.
(c) Federal Guidance.--Not later than 6 months after the
date of the enactment of this Act, the Secretary of Health
and Human Services shall publish guidance to concerned public
and private agencies and entities with respect to compliance
with this subpart.
(d) Deadline for Compliance.--
(1) In general.--Except as provided in paragraph (2), an
agency or entity that receives Federal assistance and is
involved with adoption or foster care placements shall comply
with this subpart not later than six months after publication
of the guidance referred to in subsection (c), or one year
after the date of enactment of this Act, whichever occurs
first.
(2) Authority to extend deadline.--If a State demonstrates
to the satisfaction of the Secretary that it is necessary to
amend State statutory law in order to change a particular
practice that is inconsistent with this subpart, the
Secretary may extend the compliance date for the State a
reasonable number of days after the close of the first State
legislative session beginning after the date the guidance
referred to in subsection (c) is published.
(e) Noncompliance Deemed a Civil Rights Violation.--
Noncompliance with this subpart is deemed a violation of
title VI of the Civil Rights Act of 1964.
(f) No Effect on Indian Child Welfare Act of 1978.--Nothing
in this section shall be construed to affect the application
of the Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et
seq.).
SEC. 554. REQUIRED RECRUITMENT EFFORTS FOR CHILD WELFARE
SERVICES PROGRAMS.
Section 422(b) of the Social Security Act (42 U.S.C.
622(b)) is amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) provide for the diligent recruitment of potential
foster and adoptive families that reflect the ethnic and
racial diversity of children in the State for whom foster and
adoptive homes are needed.''.
Subpart 2--Other Provision
SEC. 555. EFFECT OF FAILURE TO CARRY OUT STATE PLAN.
(a) In General.--Part A of title XI of the Social Security
Act (42 U.S.C. 1301-1320b-13) is amended by inserting after
section 1122 the following:
``SEC. 1123. EFFECT OF FAILURE TO CARRY OUT STATE PLAN.
``In an action brought to enforce a provision of the Social
Security Act, such provision is not to be deemed
unenforceable because of its inclusion in a section of the
Act requiring a State plan or specifying the required
contents of a State plan. This section is not intended to
limit or expand the grounds for determining the availability
of private actions to enforce State plan requirements other
than by overturning any such grounds applied in Suter v.
Artist M., 112 S. Ct. 1360 (1992), but not applied in prior
Supreme Court decisions respecting such enforceability;
provided, however, that this section is not intended to alter
the holding in Suter v. Artist M. that section 471(a)(15) of
the Act is not enforceable in a private right of action.
(b) Applicability.--The amendment made by subsection (a)
shall apply to actions pending on the date of the enactment
of this Act and to actions brought on or after such date of
enactment.
PART F--MISCELLANEOUS
SEC. 561. BUDGET COMPLIANCE.
Any authority or requirement to make funds available under
this Act shall be effective only to the extent provided in
appropriations Acts.
SEC. 562. DOCUMENTS TRANSMITTED TO CONGRESS.
In documents transmitted to Congress explaining the
President's budget request for the Special Education account,
the Department of Education shall display amounts included in
the request to reflect the incorporation of the program for
children with disabilities under part D of chapter 1 of title
I of the Elementary and Secondary Education Act of 1965 (as
such part was in effect on the day preceding the date of
enactment of the Improving America's Schools Act of 1994).
SEC. 563. VOCATIONAL EDUCATION REGULATIONS.
(a) In General.--Notwithstanding any other provision of
law, beginning on the date of enactment of this Act, and
ending on the date of enactment of an Act reauthorizing the
Carl D. Perkins Vocational and Applied Technology Education
Act (20 U.S.C. 2301 et seq.) the Department of Education's
interpretation of the Carl D. Perkins Vocational and Applied
Technology Act relating to--
(1) the access or participation of members of special
populations in vocational education, including the provision
of supplementary services and the cost of such services; and
(2) the conduct of local evaluations, that are contained in
the final regulations published in the Federal Register on
August 14, 1992, shall remain in effect.
(b) Special Rule.--The Secretary of Education may not issue
additional regulations concerning the final regulations
described in subsection (a)(2).
SEC. 564. RATE OF PAY FOR THE DEPUTY DIRECTOR OF THE NATIONAL
INSTITUTE ON DISABILITY AND REHABILITATION
RESEARCH.
Notwithstanding section 202(c)(2) of the Rehabilitation Act
of 1973 (29 U.S.C. 761a(c)(2)), the Secretary of Education is
authorized to compensate any individual appointed during
calendar year 1994 to be the Deputy Director of the National
Institute on Disability and Rehabilitation Research at the
rate of basic pay for a position at ES-5 of the Senior
Executive Service Schedule.
SEC. 565. STUDY.
The Secretary of the Interior shall conduct a study, in
consultation with the board of regents of the Haskell Indian
Junior College to evaluate the possible need for alternative
institutional and administrative systems at Haskell Indian
Junior College to support the transition of such college to a
four year university. If the study's conclusions require
legislation to be implemented, the study shall be accompanied
by appropriate draft legislation. Such study shall be
transmitted to the Committee on Indian Affairs of the Senate
and the Committee on Education and Labor of the House of
Representatives by June 1, 1995.
SEC. 566. THERAPEUTIC MODEL DEMONSTRATION SCHOOLS.
(a) Authorization.--
(1) In general.--The Secretary of the Interior, acting
through the Bureau of Indian Affairs, is authorized to
establish demonstration schools, based on the therapeutic
model described in this section, to provide services
necessary to achieve positive changes in the attitudes,
behavior, and academic performance of Indian youth attending
off-reservation boarding schools.
(2) Purpose.--The purpose of the therapeutic model
demonstration schools is--
(A) to provide a program, based on an annual written plan,
linking clinicians, counselors, and mental health
professionals with academic program personnel in a culturally
sensitive residential program tailored to the particular
needs of Indian students;
(B) to provide for a continued evaluation of the planning
and implementation of the therapeutic model in the designated
schools; and
(C) to determine what steps the Bureau of Indian Affairs
must take and what resources are required to transform
existing off-reservation boarding schools to meet the needs
of chemically dependent, emotionally disturbed, socially
troubled, or other at-risk Indian youth who attend such
schools.
(b) Location.--The Secretary shall initiate the therapeutic
model at two schools during school years 1994 through 1996,
and shall give priority to--
(1) one school that is the recipient of a grant under
section 5204 of the August F. Hawkins-Robert T. Stafford
Elementary and Secondary School Improvement Amendments of
1988 during the 1994-1995 school year; and
[[Page 2244]]
(2) one school operated by the Bureau of Indian Affairs
during the 1995-1996 school year.
(c) Services.--The demonstration schools shall provide an
integrated residential environment that may include--
(1) mental health services;
(2) education;
(3) recreation therapy;
(4) social service programs;
(5) substance abuse education and prevention; and
(6) other support services for aftercare.
(d) Staffing.--The demonstration schools shall be staffed
with health and social service professionals, and educators,
and may include--
(1) clinical psychologists;
(2) child psychologists;
(3) substance abuse counselors;
(4) social workers; and
(5) health educators.
(e) Enrollment.--Notwithstanding any other provision of
law, the Secretary of the Interior may limit the enrollment
at the demonstration schools.
(f) Assistance.--The Secretary is authorized to enter into
agreements with other organizations and agencies, including
the Indian Health Service, to carry out this section.
(g) Report.--Not later than July 31 of each year, the
Secretary of the Interior shall submit a report to the
Committee on Indian Affairs of the Senate and the Committee
on Education and Labor of the House of Representatives on the
progress of the Department of the Interior in the development
of the demonstration schools.
SEC. 567. IMPACT AID WAIVER.
In carrying out section 14(c) of the Act of September 23,
1950 (Public Law 815, 81st Congress) (20 U.S.C. 644(c)) the
Secretary shall waive any amount of local effort in excess of
$200,000 that would otherwise be required under paragraphs
(3) and (4) of such section and any regulations issued
thereunder, in awarding funds to the Winona R-III School
District, Missouri, with respect to its application #MO-86-C-
3601A36.
SEC. 568. APPLICATION OF THE ANTITRUST LAWS TO AWARD OF NEED-
BASED EDUCATIONAL AID.
(a) Temporary Exemption.--It shall not be unlawful under
the antitrust laws for 2 or more institutions of higher
education at which all students admitted are admitted on a
need-blind basis, to agree or attempt to agree--
(1) to award such students financial aid only on the basis
of demonstrated financial need for such aid;
(2) to use common principles of analysis for determining
the need of such students for financial aid if the agreement
to use such principles does not restrict financial aid
officers at such institutions in their exercising independent
professional judgment with respect to individual applicants
for such financial aid;
(3) to use a common aid application form for need-based
financial aid for such students if the agreement to use such
form does not restrict such institutions in their requesting
from such students, or in their using, data in addition to
the data requested on such form; or
(4) to exchange through an independent third party, before
awarding need-based financial aid to any of such students who
is commonly admitted to the institutions of higher education
involved, data with respect to the student so admitted and
the student's family relating to assets, income, expenses,
the number of family members, and the number of the student's
siblings in college, if each of such institutions is
permitted to retrieve such data only once with respect to the
student.
(b) Limitations.--Subsection (a) shall not apply with
respect to--
(1) any financial aid or assistance authorized by the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.); or
(2) any contract, combination, or conspiracy with respect
to the amount or terms of any prospective financial aid award
to a specific individual.
(c) Definitions.--For purposes of this section--
(1) the term ``alien'' has the meaning given such term in
section 101(3) of the Immigration and Nationality Act (8
U.S.C. 1101(3));
(2) the term ``antitrust laws'' has the meaning given such
term in subsection (a) of the first section of the Clayton
Act (15 U.S.C. 12(a)), except that such term includes section
5 of the Federal Trade Commission Act (15 U.S.C. 45) to the
extent such section applies to unfair methods of competition;
(3) the term ``institution of higher education'' has the
meaning given such term in section 1201(a) of the Higher
Education Act of 1965 (20 U.S.C. 1141(a));
(4) the term ``lawfully admitted for permanent residence''
has the meaning given such term in section 101(20) of the
Immigration and Nationality Act (8 U.S.C. 1101(20));
(5) the term ``national of the United States'' has the
meaning given such term in section 101(22) of the Immigration
and Nationality Act (8 U.S.C. 1101(22));
(6) the term ``on a need-blind basis'' means without regard
to the financial circumstances of the student involved or the
student's family; and
(7) the term ``student'' means, with respect to an
institution of higher education, a national of the United
States or an alien admitted for permanent residence who is
admitted to attend an undergraduate program at such
institution on a full-time basis.
(d) Expiration.--Subsection (a) shall expire on September
30, 1997.
(e) Related Amendments.--The Higher Education Amendments of
1992 (Public Law 102-325) is amended--
(1) in the table of contents by striking the matter
relating to section 1544, and part F of title XV, of such
Act; and
(2) by striking part F of title XV of such Act.
SEC. 569. DETERMINATION FOR FISCAL YEAR 1994.
Notwithstanding the proviso referring to section 3(d)(2)(B)
of Public Law 81-874 under the following heading ``IMPACT
AID'' under title III of the Departments of Labor, Health and
Human services and Education, and Related Agencies
Appropriations Act of 1994, or any provision of paragraph (2)
of section 3(d) of such Public Law which is consistent with
this proviso, determinations regarding the eligibility for an
amount of payments under section 3(d)(2)(B) of such Public
Law for fiscal year 1994 shall be made on the basis of 1994
data, and related Department regulations in effect during
fiscal year 1992 shall be used in the tabulation of payments.
And the Senate agree to the same.
For consideration of the House bill and Senate amendment
(except for sections 601-603 and 801-805):
William D. Ford,
George Miller,
Dale E. Kildee,
Pat Williams,
Major R. Owens,
Tom Sawyer,
Donald M. Payne,
Jolene Unsoeld,
Patsy T. Mink,
Jack Reed,
Tim Roemer,
Eliot L. Engel,
Xavier Becerra,
Gene Green,
Lynn C. Woolsey,
Carlos Romero-Barcelo,
Karan English,
Ted Strickland,
Robert A. Underwood,
From the Committee on Education and Labor for consideration
of sections 601-603 of the Senate amendment:
William D. Ford,
Major R. Owens,
Donald M. Payne,
From the Committee on Ways and Means for consideration of
sections 601-603 of the Senate amendment:
Sam Gibbons,
Harold Ford,
From the Committee on Education and Labor for consideration
of sections 801-805 of the Senate amendment:
William D. Ford,
Pat Williams,
Tom Sawyer,
From the Committee on Agriculture for consideration of
sections 801-805 of the Senate amendment:
Kika de la Garza,
Charlie Stenholm,
Pat Roberts,
Managers on the Part of the House.
Edward M. Kennedy,
Claiborne Pell,
Howard M. Metzenbaum,
Christopher J. Dodd,
Paul Simon,
Tom Harkin,
Barbara A. Mikulski,
Jeff Bingaman,
Paul Wellstone,
Harris Wofford,
Nancy Landon Kassebaum,
James M. Jeffords,
Orrin Hatch,
Dave Durenberger,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
By unanimous consent, the previous question was ordered on the
conference report to its adoption or rejection.
Mr. Sam JOHNSON of Texas moved to recommit the conference report on
H.R. 6 to the committee of conference with instructions for the managers
on the part of the House to disagree to section 14510 of the Elementary
and Secondary Education Act of 1965, relating to school prayer, as
proposed to be added by title I of the conference substitute recommended
by the committee of conference and insist on section 9513 of the
Elementary and Secondary Education Act of 1965, relating to protected
prayer, as proposed to be added by title I of the House bill.
After debate,
By unanimous consent, the previous question was ordered on the motion
to recommit with instructions.
The question being put, viva voce,
Will the House recommit said conference report?
The SPEAKER pro tempore, Mr. PETERSON of Florida, announced that the
nays had it.
Mr. Sam JOHNSON of Texas objected to the vote on the ground that a
quorum was not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
[[Page 2245]]
Yeas
184
When there appeared
<3-line {>
Nays
215
Para. 117.8 [Roll No. 455]
YEAS--184
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehner
Bonilla
Boucher
Browder
Bunning
Burton
Buyer
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (NJ)
Frost
Gekas
Geren
Gilchrest
Gillmor
Goodlatte
Goodling
Goss
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lancaster
Laughlin
Lazio
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lloyd
Long
Lucas
Machtley
Manzullo
McCandless
McCollum
McHugh
McInnis
McKeon
Mica
Michel
Miller (FL)
Molinari
Montgomery
Moorhead
Myers
Nussle
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce (OH)
Quinn
Ramstad
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Solomon
Spence
Stearns
Stenholm
Stump
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Traficant
Tucker
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--215
Abercrombie
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bishop
Blackwell
Boehlert
Bonior
Borski
Brewster
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Coyne
Darden
de la Garza
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Filner
Fingerhut
Fish
Flake
Foglietta
Foley
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Furse
Gejdenson
Gephardt
Gilman
Glickman
Gonzalez
Green
Gutierrez
Hall (OH)
Hamburg
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lantos
LaRocco
Leach
Lehman
Levin
Lewis (GA)
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Penny
Peterson (FL)
Pickle
Pomeroy
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Skaggs
Slaughter
Smith (IA)
Snowe
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Tejeda
Thornton
Thurman
Torres
Torricelli
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--36
Ackerman
Applegate
Baker (LA)
Berman
Callahan
Calvert
Fields (LA)
Gallegly
Gallo
Gibbons
Gingrich
Gordon
Grams
Grandy
Hayes
Hutto
Inhofe
Lipinski
McCrery
McCurdy
McDade
McMillan
McNulty
Mineta
Quillen
Ravenel
Shaw
Slattery
Smith (OR)
Spratt
Sundquist
Synar
Thompson
Towns
Washington
Wheat
So the motion to recommit the conference report with instructions was
not agreed to.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. PETERSON of Florida, announced that the
yeas had it.
Mr. KILDEE demanded a recorded vote on agreeing to said conference
report, which demand was supported by one-fifth of a quorum, so a
recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
262
<3-line {>
affirmative
Nays
132
Para. 117.9 [Roll No. 456]
AYES--262
Abercrombie
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Baesler
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bevill
Bilbray
Bishop
Blackwell
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Cunningham
Danner
Darden
de la Garza
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Filner
Fingerhut
Fish
Flake
Foglietta
Foley
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Frost
Furse
Gejdenson
Gephardt
Geren
Gillmor
Gilman
Glickman
Gonzalez
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Horn
Hoyer
Huffington
Hughes
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Klug
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Lewis (GA)
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Porter
Poshard
Price (NC)
Quinn
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rogers
Ros-Lehtinen
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Tanner
Tauzin
Taylor (MS)
Tejeda
Thomas (CA)
Thornton
Thurman
Torkildsen
Torres
Torricelli
Traficant
Tucker
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOES--132
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Ballenger
Barca
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Boehner
Bonilla
Bunning
Burton
Buyer
Camp
Canady
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Deal
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (NJ)
Gekas
Gilchrest
Goodlatte
Goodling
Goss
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson, Sam
Kasich
Kim
King
Kingston
Knollenberg
Kolbe
Kyl
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
[[Page 2246]]
Lucas
Manzullo
McCandless
McCollum
McHugh
McInnis
McKeon
Mica
Michel
Miller (FL)
Moorhead
Myers
Obey
Oxley
Packard
Paxon
Petri
Pombo
Portman
Pryce (OH)
Ramstad
Regula
Ridge
Roberts
Rohrabacher
Roth
Royce
Santorum
Saxton
Schaefer
Schiff
Sensenbrenner
Shuster
Skeen
Smith (MI)
Smith (TX)
Spence
Stearns
Stenholm
Stump
Talent
Taylor (NC)
Thomas (WY)
Upton
Walker
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--41
Ackerman
Applegate
Baker (LA)
Berman
Brooks
Callahan
Calvert
Fields (LA)
Gallegly
Gallo
Gibbons
Gingrich
Gordon
Grams
Grandy
Hayes
Hutto
Inhofe
Johnston
Lantos
Lipinski
McCrery
McCurdy
McDade
McMillan
McNulty
Mineta
Quillen
Ravenel
Roukema
Shaw
Slattery
Smith (OR)
Solomon
Spratt
Sundquist
Synar
Thompson
Towns
Washington
Wheat
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 117.10 national treatment in banking
The SPEAKER pro tempore, Mr. PETERSON of Florida, pursuant to House
Resolution 543 and rule XXIII, declared the House resolved into the
Committee of the Whole House on the state of the Union for the
consideration of the bill (H.R. 4926) to require the Secretary of the
Treasury to identify foreign countries which may be denying national
treatment to United States Banking Organizations and to assess whether
any such denial may be having a significant adverse effect on such
organizations, and to require Federal banking agencies to take such
assessments into account in considering applications by foreign banks
under the International Banking Act of 1978 and the Bank Holding Company
Act of 1956.
The SPEAKER pro tempore, Mr. PETERSON of Florida, by unanimous
consent, designated Mr. BARLOW as Chairman of the Committee of the
Whole; and after some time spent therein,
The SPEAKER pro tempore, Mr. SCOTT, assumed the Chair.
When Mr. BARLOW, Chairman, pursuant to House Resolution 543, reported
the bill back to the House with an amendment adopted by the Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Treatment in
Banking Act of 1994''.
SEC. 2. FAILURE TO ACCORD NATIONAL TREATMENT TO UNITED STATES
BANKING ORGANIZATIONS.
(a) Identifying Countries That May Be Denying National
Treatment to United States Banking Organizations.--The
Secretary of the Treasury shall identify, after consultation
with the Federal banking agencies, the extent to which
foreign countries may be denying national treatment to United
States banking organizations--
(1) based on information relating to banking in the most
recent report under section 3602 of the Omnibus Trade and
Competitiveness Act of 1988 (or the most recent update of
such report); or
(2) based on more recent information that the Secretary
considers appropriate.
(b) Assessing Whether Possible Denial of National Treatment
May Be Having a Significant Adverse Effect.--
(1) In general.--The Secretary shall assess, after
consultation with the Federal banking agencies, whether the
possible denial of national treatment to United States
banking organizations by a foreign country identified under
subsection (a) may be having a significant adverse effect on
such organizations.
(2) Factors to be considered.--In making any assessment
under paragraph (1), the Secretary shall consider appropriate
factors, including the following:
(A) The extent of United States trade with and investment
in the foreign country, the size of the foreign country's
markets for banking services, and the extent to which United
States banking organizations operate or seek to operate in
those markets.
(B) The importance of operations by United States banking
organizations in the foreign country to the export of goods
and services by United States firms to such country.
(C) The extent to which the foreign country provides in
advance to United States banking organizations a written
draft of any measure of general application that the country
proposes to adopt, such as regulations, guidelines, or other
policies regarding new products and services, in order to
allow an opportunity for such organizations to comment on the
measure and for such comments to be taken into account by the
foreign country.
(D) The extent to which the foreign country--
(i) makes available, in writing, to United States banking
organizations the foreign country's requirements for
completing any application relating to the provision of
financial services by any such organization;
(ii) applies published, objective standards and criteria in
evaluating any such application from any United States
banking organization; and
(iii) renders administrative decisions relating to any such
application within a reasonable period of time.
(3) Solicitation of comments.--Before making any assessment
under paragraph (1), the Secretary may solicit comments
concerning the effect of the possible denial of national
treatment on United States banking organizations from
interested parties.
(c) Publication.--The Secretary may publish a notice in the
Federal Register of--
(1) any assessment made under subsection (b)(1) with
respect to any country; and
(2) any change made with respect to any assessment under
such subsection which was previously published in the Federal
Register.
(d) Definitions.--The following definitions shall apply for
purposes of this section:
(1) Banking organization.--
(A) In general.--The term ``banking organization'' means
any bank, any bank holding company (including any company
required to file reports pursuant to section 4(f)(6) of the
Bank Holding Company Act of 1956), and
any savings and loan holding company (as such term is defined
in section 10(a)(1)(D) of the Home Owners' Loan Act).
(B) Banking terms.--For purposes of this paragraph, the
terms ``bank'' and ``bank holding company'' have the same
meaning as in section 2 of the Bank Holding Company Act of
1956.
(2) Federal banking agencies.--The term ``Federal banking
agencies'' has the same meaning as in section 3(z) of the
Federal Deposit Insurance Act.
(3) National treatment.--The term ``national treatment''
means, with respect to any foreign country, treatment that
offers United States banking organizations the same
competitive opportunities (including effective market access)
in such country as are available to the foreign country's
domestic banking organizations in like circumstances.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
SEC. 3. APPLICATIONS BY FOREIGN BANKS AND OTHER PERSONS OF A
FOREIGN COUNTRY.
(a) Applications Under the International Banking Act of
1978.--Section 7(d) of the International Banking Act of 1978
(12 U.S.C. 3105(d)) is amended by adding at the end the
following new paragraph:
``(6) Additional standard.--In acting on any application
under paragraph (1), the Board shall take into account
whether the Secretary of the Treasury has published a notice,
in accordance with section 2(c) of the National Treatment in
Banking Act of 1994, that the possible denial of national
treatment to United States banking organizations by the
foreign bank's home country identified under section 2(a) of
such Act may be having a significant adverse effect on such
organizations.''.
(b) Applications Under the Bank Holding Company Act of
1956.--Section 5 of the Bank Holding Company Act of 1956 (12
U.S.C. 1844) is amended by adding at the end the following
new subsection:
``(g) Applications by a Foreign Bank.--In considering any
application or notice under section 3 or 4 by any foreign
bank (as defined in section 1(b) of the International Banking
Act of 1978), the Board shall take into account whether the
Secretary of the Treasury has published a notice, in
accordance with section 2(c) of the National Treatment in
Banking Act of 1994, that the possible denial of national
treatment to United States banking organizations by the
foreign bank's home country identified under section 2(a) of
such Act may be having a significant adverse effect on such
organizations.''.
(c) Amendment to Change in Bank Control Act.--Section 7(j)
of the Federal Deposit Insurance Act (12 U.S.C. 1817(j)) is
amended by adding at the end the following new paragraph:
``(19) Notice by a person of a foreign country.--
``(A) In general.--In considering a notice under this
subsection by a person of a foreign country, the appropriate
Federal banking agency shall take into account whether the
Secretary of the Treasury has published a notice, in
accordance with section 2(c) of the National Treatment in
Banking Act of 1994, that the possible denial of national
treatment to United States banking organizations by such
person's home country identified under section 2(a) of such
Act may be having a significant adverse effect on such
organizations.
``(B) Person of a foreign country defined.--For purposes of
this paragraph, the term `person of a foreign country'
means--
``(i) any entity that--
``(I) is organized under the laws of the foreign country,
or
[[Page 2247]]
``(II) has the entity's principal place of business in the
foreign country;
``(ii) an individual who--
``(I) is a citizen of the foreign country, or
``(II) is domiciled in the foreign country; and
``(iii) any person that is, directly or indirectly, under
the control of any entity or individual described in clause
(i) or (ii).''.
(d) Amendment to National Bank Act.--Section 5155 of the
Revised Statutes (12 U.S.C. 36) is amended by adding at the
end the following new subsection:
``(i) Application by a Bank Which Is a Person of a Foreign
Country.--In considering any application under this section
by any bank which is a person of a foreign country (as
defined in section 7(j)(19)(B) of the Federal Deposit
Insurance Act), the Comptroller of the Currency shall take
into account whether the Secretary of the Treasury has
published a notice, in accordance with section 2(c) of the
National Treatment in Banking Act of 1994, that the possible
denial of national treatment to United States banking
organizations by such person's home country identified under
section 2(a) of such Act may be having a significant adverse
effect on such organizations.''.
(e) Amendment to Federal Deposit Insurance Act.--Section
18(c) of the Federal Deposit Insurance Act (12 U.S.C.
1828(c)) is amended by adding at the end the following new
paragraph:
``(12) Application by a bank which is a person of a foreign
country.--In considering any merger transaction under this
subsection involving any bank which is a person of a foreign
country (as defined in section 7(j)(19)(B)), the responsible
agency shall take into account whether the Secretary of the
Treasury has published a notice, in accordance with section
2(c) of the National Treatment in Banking Act of 1994, that
the possible denial of national treatment to United States
banking organizations by such person's home country
identified under section 2(a) of such Act may be having a
significant adverse effect on such organizations.''.
(f) Amendment to Federal Reserve Act.--The 3d undesignated
paragraph of section 9 of the Federal Reserve Act (12 U.S.C.
321) is amended in the proviso by inserting ``, including
section 5155(i) of the Revised Statutes,'' after
``limitations and restrictions''.
SEC. 4. CONSISTENCY WITH BILATERAL AND MULTILATERAL
AGREEMENTS.
No authority under this Act or any amendment made by this
Act to any other law may be used to take any action with
respect to a foreign country which is inconsistent with any
bilateral or multilateral agreement that governs financial
services in which such country is obligated to provide
national treatment for United States banking organizations.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. SCOTT, announced that the yeas had it.
So the bill was passed.
By unanimous consent, the title was amended so as to read: ``A bill to
require the Secretary of the Treasury to identify foreign countries
which may be denying national treatment to U.S. banking organizations
and to assess whether any such denial may be having a significant
adverse effect on such organizations, and to require Federal banking
agencies to take such assessments into account in considering certain
applications and notices by foreign banks and other persons of a foreign
country.''.
A motion to reconsider the votes whereby said bill was passed and the
title was amended, was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 117.11 waiving points of order against the conference report on
h.r. 4299
Mr. BEILENSON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 555):
Resolved, That all points of order against the conference
report to accompany the bill (H.R. 4299) to authorize
appropriations for fiscal year 1995 for intelligence and
intelligence-related activities of the United States
Government, the Community Management Account, and the Central
Intelligence Agency Retirement and Disability System, and for
other purposes, and against its consideration are waived.
When said resolution was considered.
After debate,
On motion of Mr. BEILENSON, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 117.12 intelligence authorization
Mr. GLICKMAN, pursuant to House Resolution 555, called up the
following conference report (Rept. No. 103-753):
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
4299), to authorize appropriations for fiscal year 1995 for
intelligence and intelligence-related activities of the
United States Government, the Community Management Account,
and the Central Intelligence Agency Retirement and Disability
System, and the Central Intelligence Agency Retirement and
Disability System, and for other purposes, having met, after
full and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Intelligence Authorization Act for Fiscal Year 1995''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title and table of contents.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Community management account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL PROVISIONS
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Intelligence community contracting.
Sec. 304. Repeal of restriction on intelligence cooperation with South
Africa.
Sec. 305. Report regarding mandatory retirement for expiration of time
in class.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
Sec. 401. Illness or injury requiring hospitalization.
Sec. 402. Inspector General of the Central Intelligence Agency.
Sec. 403. Advanced information presentation project.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
Sec. 501. Central Imagery Office.
Sec. 502. Exception to public availability of certain Department of
Defense maps, charts, and geodetic data.
Sec. 503. Disclosure of governmental affiliation by Department of
Defense intelligence personnel outside of the United
States.
Sec. 504. Exception from authority for obligation of certain
unauthorized fiscal year 1994 Defense appropriations.
TITLE VI--CONSTRUCTION OF FACILITIES FOR THE INTELLIGENCE COMMUNITY
Sec. 601. Limitations on funding of the National Reconnaissance Office.
Sec. 602. Limitation on construction of facilities to be used primarily
by the intelligence community.
Sec. 603. Identification of constituent components of base intelligence
budget.
Sec. 604. Definitions.
TITLE VII--CLASSIFICATION MANAGEMENT
Sec. 701. Classification and declassification of information.
Sec. 702. Declassification plan.
TITLE VIII--COUNTERINTELLIGENCE AND SECURITY
Sec. 801. Short title.
Sec. 802. Access to classified information.
Sec. 803. Rewards for information concerning espionage.
Sec. 804. Criminal forfeiture for violation of certain espionage laws.
Sec. 805. Denial of annuities or retired pay to persons convicted of
espionage in foreign courts involving United States
information.
Sec. 806. Postemployment assistance for certain terminated intelligence
employees of the Department of Defense.
Sec. 807. Providing a court order process for physical searches
undertaken for foreign intelligence purposes.
Sec. 808. Lesser criminal offense for unauthorized removal of
classified documents.
Sec. 809. Reports on foreign industrial espionage.
Sec. 810. Counternarcotics targets funding.
Sec. 811. Coordination of counterintelligence activities.
TITLE IX--COMMISSION ON THE ROLES AND CAPABILITIES OF THE UNITED STATES
INTELLIGENCE COMMUNITY
Sec. 901. Establishment.
Sec. 902. Composition and qualifications.
Sec. 903. Duties of the Commission.
Sec. 904. Reports.
Sec. 905. Powers.
[[Page 2248]]
Sec. 906. Personnel matters.
Sec. 907. Payment of Commission expenses.
Sec. 908. Termination of the Commission.
Sec. 909. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 1995 for the conduct of the intelligence and
intelligence-related activities of the following elements of
the United States Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The National Reconnaissance Office.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Department of State.
(8) The Department of the Treasury.
(9) The Department of Energy.
(10) The Federal Bureau of Investigation.
(11) The Drug Enforcement Administration.
(12) The Central Imagery Office.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Ceilings.--The
amounts authorized to be appropriated under section 101, and
the authorized personnel ceilings as of September 30, 1995,
for the conduct of the intelligence and intelligence-related
activities of the elements listed in such section, are those
specified in the classified Schedule of Authorizations
prepared to accompany the conference report on the bill H.R.
4299 of the One Hundred Third Congress.
(b) Availability of Classified Schedule of
Authorizations.--The Schedule of Authorizations shall be made
available to the Committees on Appropriations of the Senate
and House of Representatives and to the President. The
President shall provide for suitable distribution of the
Schedule, or of appropriate portions of the Schedule, within
the executive branch.
SEC. 103. COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Community Management Account of
the Director of Central Intelligence for fiscal year 1995 the
sum of $86,900,000. Within such amounts authorized, funds
identified in the classified Schedule of Authorizations
referred to in section 102(a) for the Advanced Research and
Development Committee and the Environmental Task Force shall
remain available until September 30, 1996.
(b) Authorized Personnel Levels.--The Community Management
Account of the Director of Central Intelligence is authorized
241 full-time personnel as of September 30, 1995. Such
personnel of the Community Management Account may be
permanent employees of the Community Management Account or
personnel detailed from other elements of the United States
Government.
(c) Reimbursement.--During fiscal year 1995, any officer or
employee of the United States or a member of the Armed Forces
who is detailed to the Community Management Staff from
another element of the United States Government shall be
detailed on a reimbursable basis, except that any such
officer, employee or member may be detailed on a
nonreimbursable basis for a period of less than one year for
the performance of temporary functions as required by the
Director of Central Intelligence.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fiscal
year 1995 the sum of $198,000,000.
TITLE III--GENERAL PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this Act for salary, pay,
retirement, and other benefits for Federal employees may be
increased by such additional or supplemental amounts as may
be necessary for increases in such compensation or benefits
authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not
be deemed to constitute authority for the conduct of any
intelligence activity which is not otherwise authorized by
the Constitution or laws of the United States.
SEC. 303. INTELLIGENCE COMMUNITY CONTRACTING.
It is the sense of Congress that the Director of Central
Intelligence should continue to direct that elements of the
intelligence community, whenever compatible with the national
security interests of the United States and consistent with
the operational and security concerns related to the conduct
of intelligence activities, and where fiscally sound, should
award contracts in a manner that would maximize the
procurement of products properly designated as having been
made in the United States.
SEC. 304. REPEAL OF RESTRICTION ON INTELLIGENCE COOPERATION
WITH SOUTH AFRICA.
Section 107 of the Intelligence Authorization Act for
Fiscal Year 1987 (Public Law 99-569) is repealed.
SEC. 305. REPORT REGARDING MANDATORY RETIREMENT FOR
EXPIRATION OF TIME IN CLASS.
(a) Report Required.--Not later than December 1, 1994, the
Director of Central Intelligence shall submit a report to the
committees of Congress specified in subsection (d) on the
advisability of providing for mandatory retirement for
expiration of time in class in a manner comparable to that
established by the applicable provisions of section 607 of
the Foreign Service Act of 1980 (22 U.S.C. 4007) for all
civilian employees of the Central Intelligence Agency, the
National Security Agency, the Defense Intelligence Agency,
the National Reconnaissance Office, the Central Imagery
Office, and the intelligence elements of the Army, Navy, Air
Force, and Marine Corps.
(b) Required Contents.--The report required by subsection
(a) shall include--
(1) an assessment of the feasibility of instituting such a
mandatory retirement policy and of alternative means to
achieve the objectives of such a mandatory retirement policy;
(2) an assessment which the Secretary of Defense shall
conduct of the impact of such a mandatory retirement policy
for intelligence community civilian employees on all other
Department of Defense civilian employees; and
(3) any appropriate legislative recommendations.
(c) Coordination.--The report required by subsection (a)
shall be coordinated as appropriate with elements of the
intelligence community (as defined in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401(4)).
(d) Committees of Congress.--The committees of Congress
referred to in subsection (a) are the Committees on Armed
Services of the Senate and House of Representatives, the
Defense Subcommittees of the Committees on Appropriations of
the Senate and House of Representatives, the Select Committee
on Intelligence of the Senate, and the Permanent Select
Committee on Intelligence of the House of Representatives.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
SEC. 401. ILLNESS OR INJURY REQUIRING HOSPITALIZATION.
Section 4(a)(5) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403(e)(a)) is amended--
(1) in subparagraph (A)--
(A) by striking ``, not the result of vicious habits,
intemperance, or misconduct on his part,'';
(B) by striking ``he shall deem'' and inserting ``the
Director deems'';
(C) by striking ``section 10 of the Act of March 3, 1933
(47 Stat. 1516; 5 U.S.C. 73b)'' and inserting ``section 5731
of title 5, United States Code'';
(D) by striking ``his recovery'' and inserting ``the
recovery of such officer or employee''; and
(E) by striking ``his return to his post'' and inserting
``the return to the post of duty of such officer or
employee'';
(2) in subparagraph (B), by striking ``his opinion'' both
places it appears and inserting ``the opinion of the
Director''; and
(3) in subparagraph (C), by striking ``, not the result of
vicious habits, intemperance, or misconduct on his part,''.
SEC. 402. INSPECTOR GENERAL OF THE CENTRAL INTELLIGENCE
AGENCY.
Section 17 of the Central Intelligence Agency Act of 1949
(50 U.S.C. 403q) is amended--
(1) in subsection (b)(1)--
(A) by striking ``or'' after ``analysis,''; and
(B) by striking the period at the end thereof and inserting
``, or auditing.'';
(2) in subsection (c)(1), by striking ``to conduct'' and
inserting ``to plan, conduct'';
(3) in subsection (d)(1)--
(A) by striking ``June 30 and December 31'' and inserting
``January 31 and July 31'';
(B) by striking ``period.'' at the end of the first
sentence and inserting ``periods ending December 31 (of the
preceding year) and June 30, respectively.''; and
(C) by inserting ``of receipt of such reports'' after
``thirty days'';
(4) in subsection (d)(3)(C), by inserting ``inspection, or
audit,'' after ``investigation,'';
(5) in subsection (d)(4), by inserting ``or findings and
recommendations'' after ``report''; and
(6) in subsection (e)(6)--
(A) by striking ``it is the sense of Congress that''; and
(B) by striking ``should'' and inserting ``shall''.
SEC. 403. ADVANCED INFORMATION PRESENTATION PROJECT.
Of the funds made available under this Act, the Director of
Central Intelligence is authorized during fiscal year 1995 to
expend not more than $3,000,000 to develop products to
demonstrate multimedia and graphical data interface
techniques on topics of general interest to policy makers and
the public. The products shall utilize unclassified
government information, augmented if appropriate by
commercially available information, and the project shall be
limited to the development of not more than six products. In
carrying out this section, the Director may acquire
commercially available technology. Not later than August 1,
1995, the Director shall submit the products developed under
this section to the Permanent Select Committee on
Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
SEC. 501. CENTRAL IMAGERY OFFICE.
(a) Amendments of the National Security Act of 1947.--(1)
Section 3(4)(E) of the National Security Act of 1947 (50
U.S.C.
[[Page 2249]]
401a(4)(E)) is amended by striking out ``the central imagery
authority within the Department of Defense'' and inserting in
lieu thereof ``the Central Imagery Office''.
(2) Section 105(b)(2) of such Act (50 U.S.C. 403-5(b)(2))
is amended by striking out ``a central imagery authority''
and inserting in lieu thereof ``the Central Imagery Office''.
(3) Section 106(b) of such Act (50 U.S.C. 403-6(b)) is
amended--
(A) in the subsection caption, by striking out ``Central
Imagery Authority'' and inserting in lieu thereof ``Central
Imagery Office''; and
(B) by striking out ``central imagery authority'' and
inserting in lieu thereof ``Central Imagery Office''.
(b) Title 10, United States Code.--(1) Chapter 83 of title
10, United States Code, is amended as follows:
(A) By amending the heading of the chapter to read as
follows:
``CHAPTER 83--DEFENSE INTELLIGENCE AGENCY AND CENTRAL IMAGERY OFFICE
CIVILIAN PERSONNEL''.
(B) In section 1601--
(i) by inserting ``and the Central Imagery Office'' after
``Defense Intelligence Agency'' in subsection (a);
(ii) by inserting ``or the Central Imagery Office'' after
``outside the Defense Intelligence Agency'' and inserting ``,
the Central Imagery Office,'' after ``to the Defense
Intelligence Agency'' in subsection (d); and
(iii) by inserting ``and the Central Imagery Office'' after
``Defense Intelligence Agency'' in subsection (e).
(C) In section 1602, by inserting ``and Central Imagery
Office'' after ``Defense Intelligence Agency''.
(D) In section 1604--
(i) by inserting ``and the Central Imagery Office,'' after
``Defense Intelligence Agency'' in subsection (a)(1);
(ii) by inserting ``or the Central Imagery Office'' after
``Defense Intelligence Agency'' in both places it occurs in
the second sentence of subsection (b);
(iii) by inserting ``or the Central Imagery Office'' after
``Defense Intelligence Agency'' in subsection (c);
(iv) by inserting ``and the Central Imagery Office'' after
``Defense Intelligence Agency'' in subsection (d);
(v) by inserting ``or the Central Imagery Office'' after
``Defense Intelligence Agency'' in subsection (e)(1); and
(vi) in subsection (e)(3)--
(I) by amending the first sentence to read as follows:
``The Secretary of Defense may delegate authority under this
subsection only to the Deputy Secretary of Defense, the
Director of the Defense Intelligence Agency, the Director of
the Central Imagery Office, or all three.''; and
(II) by striking ``either'' and inserting ``any''.
(2) The items relating to chapter 83 in the tables of
chapters at the beginning of subtitle A, and at the beginning
of part II of subtitle A, of title 10, United States Code,
are amended to read as follows:
``83. Defense Intelligence Agency and Central Imagery Office Civilian
Personnel...................................................1601''.
(c) Chapter 23 of Title 5.--Section 2302(a)(2)(C)(ii) of
title 5, United States Code, is amended by inserting ``the
Central Imagery Office,'' after ``Defense Intelligence
Agency,''.
(d) Chapter 31 of Title 5.--Section 3132(a)(1)(B) of title
5, United States Code, is amended by inserting ``the Central
Imagery Office,'' after ``Defense Intelligence Agency,''.
(e) Chapter 43 of Title 5.--Section 4301(1)(B)(ii) of title
5, United States Code, is amended by inserting ``the Central
Imagery Office,'' after ``Defense Intelligence Agency,''.
(f) Chapter 47 of Title 5.--Section 4701(a)(1)(B) of title
5, United States Code, is amended by inserting ``the Central
Imagery Office,'' after ``Defense Intelligence Agency,''.
(g) Chapter 51 of Title 5.--Section 5102(a)(1) of title 5,
United States Code, is amended--
(1) by striking ``or'' at the end of clause (ix);
(2) by striking the period at the end of clause (x) and
inserting ``; or''; and
(3) by adding at the end the following:
``(xi) the Central Imagery Office, Department of
Defense.''.
(h) Chapter 51 of Title 5.--Section 5342(a)(1) of title 5,
United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (J);
(2) by inserting ``or'' after the semicolon at the end of
subparagraph (K); and
(3) by adding at the end the following:
``(L) the Central Imagery Office, Department of Defense;''.
(i) Additional Leave Transfer Programs.--(1) Section
6339(a)(1) of title 5, United States Code, is amended--
(A) by striking ``and'' at the end of subparagraph (D);
(B) by redesignating subparagraph (E) as subparagraph (F);
and
(C) by inserting after subparagraph (D) the following new
subparagraph (E):
``(E) the Central Imagery Office; and''.
(2) Section 6339(a)(2) of such title is amended--
(A) by striking ``and'' at the end of subparagraph (D);
(B) by redesignating subparagraph (E) as subparagraph (F);
(C) by inserting after subparagraph (D) the following new
subparagraph (E):
``(E) with respect to the Central Imagery Office, the
Director of the Central Imagery Office; and''; and
(D) in subparagraph (F), as redesignated by subparagraph
(B) of this paragraph, by striking ``paragraph (1)(E)'' and
inserting ``paragraph (1)(F)'' both places it appears.
(j) Chapter 71 of Title 5.--Section 7103(a)(3) of title 5,
United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (F);
(2) by inserting ``or'' at the end of subparagraph (G); and
(3) by adding at the end the following:
``(H) the Central Imagery Office;''.
(k) Chapter 73 of Title 5.--Section 7323(b)(2)(B)(i) of
title 5, United States Code, is amended--
(1) by striking ``or'' at the end of subclause (XI); and
(2) by adding at the end the following:
``(XIII) the Central Imagery Office; or''.
(l) Chapter 75 of Title 5.--Section 7511(b)(8) of title 5,
United States Code, is amended by inserting ``the Central
Imagery Office,'' after ``Defense Intelligence Agency,''.
(m) Ethics in Government Act of 1978.--Section 105(a)(1) of
the Ethics in Government Act of 1978 (5 U.S.C. App.) is
amended by inserting ``the Central Imagery Office,'' after
``Defense Intelligence Agency,''.
(n) Employee Polygraph Protection Act of 1988.--Section
7(b)(2)(A)(i) of the Employee Polygraph Protection Act of
1988 (29 U.S.C. 2006(b)(2)(A)(i)) is amended by inserting
``the Central Imagery Office,'' after ``Defense Intelligence
Agency,''.
SEC. 502. EXCEPTION TO PUBLIC AVAILABILITY OF CERTAIN
DEPARTMENT OF DEFENSE MAPS, CHARTS, AND
GEODETIC DATA.
Section 2796(b)(1) of title 10, United States Code is
amended by inserting ``jeopardize or interfere with ongoing
military or intelligence operations or'' in subparagraph (C)
after ``disclosed,''.
SEC. 503. DISCLOSURE OF GOVERNMENTAL AFFILIATION BY
DEPARTMENT OF DEFENSE INTELLIGENCE PERSONNEL
OUTSIDE OF THE UNITED STATES.
(a) In General.--Notwithstanding section 552a(e)(3) of
title 5, United States Code, intelligence personnel of the
Department of Defense who are authorized by the Secretary of
Defense to collect intelligence from human sources shall not
be required, when making an initial assessment contact
outside the United States, to give notice of governmental
affiliation to potential sources who are United States
persons.
(b) Records.--Records concerning such contacts shall be
maintained by the Department of Defense and made available
upon request to the appropriate committees of the Congress in
accordance with applicable security procedures. Such records
shall include for each such contact an explanation of why
notice of government affiliation could not reasonably be
provided, the nature of the information obtained from the
United States person as a result of the contact, and whether
additional contacts resulted with the person concerned.
(c) Definitions.--For the purposes of this section--
(1) the term ``United States'' includes the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana
Islands, and any territory or possession of the United
States; and
(2) the term ``United States person'' means any citizen,
national, or permanent resident alien of the United States.
SEC. 504. EXCEPTION FROM AUTHORITY FOR OBLIGATION OF CERTAIN
UNAUTHORIZED FISCAL YEAR 1994 DEFENSE
APPROPRIATIONS.
Section 1006 of the National Defense Authorization Act for
Fiscal Year 1995 shall not apply to amounts which remain
available for obligation on the date of the enactment of this
Act for national foreign intelligence programs, projects, and
activities.
TITLE VI--CONSTRUCTION OF FACILITIES FOR THE INTELLIGENCE COMMUNITY
SEC. 601. LIMITATIONS ON FUNDING OF THE NATIONAL
RECONNAISSANCE OFFICE.
(a) Review of Project; Compliance with DOD Procurement and
Contracting Procedures.--
(1) In general.--Of the funds authorized to be made
available by this Act for the National Reconnaissance Office
under the classified Schedule of Authorizations referred to
in section 102--
(A) $50,000,000 out of the Miscellaneous Support account of
the Mission Support Consolidated Expenditure Center may not
be obligated or expended until the Director of Central
Intelligence and the Secretary of Defense have completed a
review of the National Reconnaissance Office Headquarters
Building project and the results of such review have been
disclosed to the intelligence committees; and
(B) no such funds authorized to be made available by this
Act may be obligated or expended for the purchase of any real
property, or to contract for any construction or acquisition,
in connection with the construction of buildings or
facilities, unless (and to the extent that)--
(i) such purchase or contract is made or entered into in
accordance with the policies and procedures applicable to
other elements of the Department of Defense; or
[[Page 2250]]
(ii) the President determines that the national security
interest of the United States requires that such policies and
procedures shall not apply to a particular purchase or
contract and reports such determination in accordance with
subsection (b).
(2) Application of provisions.--Paragraph (1)(B) shall not
apply to contracts made or entered into for the purchase of
real property, or for construction or acquisition, before the
date of enactment of this Act.
(b) Waiver Procedures.--Not later than 30 days after making
a determination under subsection (a)(1)(B)(ii), the President
shall report in writing the determination to the intelligence
committees.
(c) Specific Authorization and Appropriations Required.--
Except to the extent and in the amounts specifically provided
in an Act authorizing appropriations, in an appropriation
Act, or in accordance with established reprogramming
procedures, no funds made available under any provision of
law may be obligated or expended for the construction of the
National Reconnaissance Office Headquarters Building project
if such funds would cause the total amount obligated or
expended for such project to exceed $310,000,000.
(d) Definition.--As used in this section, the term
``National Reconnaissance Office Headquarters Building
project'' means the project for the headquarters buildings of
the National Reconnaissance Office, situated at the so-called
Westfields site, and includes all construction and
improvement of facilities (including ``fit up'') and all
actions related to the acquisition of land, communications,
computers, furniture and other building furnishings, and
vehicle parking facilities.
SEC. 602. LIMITATION ON CONSTRUCTION OF FACILITIES TO BE USED
PRIMARILY BY THE INTELLIGENCE COMMUNITY.
(a) In General.--
(1) In general.--Except as provided in subsection (b), no
project for the construction of any facility to be used
primarily by personnel of any component of the intelligence
community which has an estimated Federal cost in excess of
$750,000 may be undertaken in any fiscal year unless such
project is specifically identified as a separate item in the
President's annual fiscal year budget request and is
specifically authorized by the Congress.
(2) Notification.--In the case of a project for the
construction of any facility to be used primarily by
personnel of any component of the intelligence community
which has an estimated Federal cost greater than $500,000 but
less than $750,000, or where any improvement project to such
a facility has an estimated Federal cost greater than
$500,000, the Director of Central Intelligence shall submit a
notification to the intelligence committees specifically
identifying such project.
(b) Exception.--
(1) In general.--Notwithstanding subsection (a) but subject
to paragraphs (2) and (3), a project for the construction of
a facility to be used primarily by personnel of any component
of the intelligence community may be carried out if the
Secretary of Defense and the Director of Central Intelligence
jointly determine--
(A) that the project is vital to the national security or
to the protection of health, safety, or the quality of the
environment, and
(B) that the requirement for the project is so urgent that
deferral of the project for inclusion in the next Act
authorizing appropriations for the intelligence community
would be inconsistent with national security or the
protection of health, safety, or environmental quality, as
the case may be.
(2) Report.--When a decision is made to carry out a
construction project under this subsection, the Secretary of
Defense and the Director of Central Intelligence jointly
shall submit a report in writing to the appropriate
committees of Congress on that decision. Each such report
shall include (A) the justification for the project and the
current estimate of the cost of the project, (B) the
justification for carrying out the project under this
subsection, and (C) a statement of the source of the funds to
be used to carry out the project. The project may then be
carried out only after the end of the 21-day period beginning
on the date the notification is received by such committees.
(3) Projects primarily for cia.--If a project referred to
in paragraph (1) is primarily for the Central Intelligence
Agency, the Director of Central Intelligence shall make the
determination and submit the report required by paragraphs
(1) and (2).
(4) Limitation.--A project carried out under this
subsection shall be carried out within the total amount of
funds appropriated for intelligence and intelligence-related
activities that have not been obligated.
(c) Application.--This section shall not apply to any
project which is subject to subsection (a)(1)(A) or (c) of
section 601.
SEC. 603. IDENTIFICATION OF CONSTITUENT COMPONENTS OF BASE
INTELLIGENCE BUDGET.
The Director of Central Intelligence shall include the same
level of budgetary detail for the Base Budget that is
provided for Ongoing Initiatives and New Initiatives to the
Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of
the Senate in the congressional justification materials for
the annual submission of the National Foreign Intelligence
Program of each fiscal year.
SEC. 604. DEFINITIONS.
As used in this title:
(1) Intelligence committees.--The term ``intelligence
committees'' means the Permanent Select Committee on
Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate.
(2) Intelligence community.--The term ``intelligence
community'' has the same meaning given that term in section
3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).
TITLE VII--CLASSIFICATION MANAGEMENT
SEC. 701. CLASSIFICATION AND DECLASSIFICATION OF INFORMATION.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the President shall, by executive
order, provide for the classification and declassification of
information. It is the sense of Congress that the executive
order should provide for the following:
(1) The qualification of information for classification
only when its public disclosure would cause identifiable
damage to the national security.
(2) The declassification of information if the appropriate
authority within the Executive branch determines that the
Government's interest in continuing to protect such
information is outweighed by the public's interest in having
the information made available.
(3) The automatic declassification of information that is
more than 25 years old unless such information is within a
category designated by the President as requiring document-
by-document review to identify that information whose
disclosure to unauthorized persons would clearly damage the
national security.
(b) Submission to Congress; Effective Date.--The executive
order referred to in subsection (a) may not take effect until
after 30 days after the date on which such proposed executive
order is submitted to the Permanent Select Committee on
Intelligence and the Committee on Government Operations of
the House of Representatives and the Select Committee on
Intelligence and the Committee on Governmental Affairs of the
Senate.
SEC. 702. DECLASSIFICATION PLAN.
Each agency of the National Foreign Intelligence Program to
which is appropriated more than $1,000,000 in the security,
countermeasures, and related activities structural category
for fiscal year 1995 shall allocate at least two percent of
its total expenditure in this structural category for fiscal
year 1995 to the classification management consolidated
expenditure center, to be used for the following activities:
(1) Development of a phased plan to implement
declassification guidelines contained in the executive order
which replaces Executive Order 12356. Each such agency shall
provide the plan to Congress within 90 days after the
beginning of fiscal year 1995 or 90 days after the
publication of such replacement executive order, whichever is
later. This plan shall include an accounting of the amount of
archived material, levels of classification, types of storage
media and locations, review methods to be employed, and
estimated costs of the declassification activity itself; as
well as an assessment by the agency of the appropriate types
and amounts of information to be maintained in the future,
how it will be stored, safeguarded, and reviewed, and the
projected costs of these classification management activities
for the succeeding five years.
(2) Commencement of the process of declassification and
reduction of the amount of archived classified documents
maintained by each agency.
(3) Submission of a report to the Permanent Select
Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate within 90
days after the end of fiscal year 1995 on the progress made
in carrying out paragraph (2), with reference to the plan
required by paragraph (1).
TITLE VIII--COUNTERINTELLIGENCE AND SECURITY
SEC. 801. SHORT TITLE.
This title may be cited as the ``Counterintelligence and
Security Enhancements Act of 1994''.
SEC. 802. ACCESS TO CLASSIFIED INFORMATION.
(a) Amendment of the National Security Act of 1947.--The
National Security Act of 1947 (50 U.S.C. 401 et seq.) is
amended by adding at the end the following new title:
``TITLE VIII--ACCESS TO CLASSIFIED INFORMATION
``procedures
``Sec. 801. (a) Not later than 180 days after the date of
enactment of this title, the President shall, by Executive
order or regulation, establish procedures to govern access to
classified information which shall be binding upon all
departments, agencies, and offices of the executive branch of
Government. Such procedures shall, at a minimum--
``(1) provide that, except as may be permitted by the
President, no employee in the executive branch of Government
may be given access to classified information by any
department, agency, or office of the executive branch of
Government unless, based upon an appropriate background
investigation, such access is determined to be clearly
consistent with the national security interests of the United
States;
``(2) establish uniform minimum requirements governing the
scope and frequency of background investigations and
reinvestigations for all employees in the executive branch of
Government who require access to classified information as
part of their official responsibilities;
[[Page 2251]]
``(3) provide that all employees in the executive branch of
Government who require access to classified information shall
be required as a condition of such access to provide to the
employing department or agency written consent which permits
access by an authorized investigative agency to relevant
financial records, other financial information, consumer
reports, and travel records, as determined by the President,
in accordance with section 802 of this title, during the
period of access to classified information and for a period
of three years thereafter;
``(4) provide that all employees in the executive branch of
Government who require access to particularly sensitive
classified information, as determined by the President, shall
be required, as a condition of maintaining access to such
information, to submit to the employing department or agency,
during the period of such access, relevant information
concerning their financial condition and foreign travel, as
determined by the President, as may be necessary to ensure
appropriate security; and
``(5) establish uniform minimum standards to ensure that
employees in the executive branch of Government whose access
to classified information is being denied or terminated under
this title are appropriately advised of the reasons for such
denial or termination and are provided an adequate
opportunity to respond to all adverse information which forms
the basis for such denial or termination before final action
by the department or agency concerned.
``(b)(1) Subsection (a) shall not be deemed to limit or
affect the responsibility and power of an agency head
pursuant to other law or Executive order to deny or terminate
access to classified information if the national security so
requires. Such responsibility and power may be exercised only
when the agency head determines that the procedures
prescribed by subsection (a) cannot be invoked in a manner
that is consistent with the national security.
``(2) Upon the exercise of such responsibility, the agency
head shall submit a report to the Permanent Select Committee
on Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate.
``requests by authorized investigative agencies
``Sec. 802. (a)(1) Any authorized investigative agency may
request from any financial agency, financial institution, or
holding company, or from any consumer reporting agency, such
financial records, other financial information, and consumer
reports as may be necessary in order to conduct any
authorized law enforcement investigation, counterintelligence
inquiry, or security determination. Any authorized
investigative agency may also request records maintained by
any commercial entity within the United States pertaining to
travel by an employee in the executive branch of Government
outside the United States.
``(2) Requests may be made under this section where--
``(A) the records sought pertain to a person who is or was
an employee in the executive branch of Government required by
the President in an Executive order or regulation, as a
condition of access to classified information, to provide
consent, during a background investigation and for such time
as access to the information is maintained, and for a period
of not more than three years thereafter, permitting access to
financial records, other financial information, consumer
reports, and travel records; and
``(B)(i) there are reasonable grounds to believe, based on
credible information, that the person is, or may be,
disclosing classified information in an unauthorized manner
to a foreign power or agent of a foreign power;
``(ii) information the employing agency deems credible
indicates the person has incurred excessive indebtedness or
has acquired a level of affluence which cannot be explained
by other information known to the agency; or
``(iii) circumstances indicate the person had the
capability and opportunity to disclose classified information
which is known to have been lost or compromised to a foreign
power or an agent of a foreign power.
``(3) Each such request--
``(A) shall be accompanied by a written certification
signed by the department or agency head or deputy department
or agency head concerned, or by a senior official designated
for this purpose by the department or agency head concerned
(whose rank shall be no lower than Assistant Secretary or
Assistant Director), and shall certify that--
``(i) the person concerned is or was an employee within the
meaning of paragraph (2)(A);
``(ii) the request is being made pursuant to an authorized
inquiry or investigation and is authorized under this
section; and
``(iii) the records or information to be reviewed are
records or information which the employee has previously
agreed to make available to the authorized investigative
agency for review;
``(B) shall contain a copy of the agreement referred to in
subparagraph (A)(iii);
``(C) shall identify specifically or by category the
records or information to be reviewed; and
``(D) shall inform the recipient of the request of the
prohibition described in subsection (b).
``(b) Notwithstanding any other provision of law, no
governmental or private entity, or officer, employee, or
agent of such entity, may disclose to any person, other than
those officers, employees, or agents of such entity necessary
to satisfy a request made under this section, that such
entity has received or satisfied a request made by an
authorized investigative agency under this section.
``(c)(1) Notwithstanding any other provision of law (other
than section 6103 of the Internal Revenue Code of 1986), an
entity receiving a request for records or information under
subsection (a) shall, if the request satisfies the
requirements of this section, make available such records or
information within 30 days for inspection or copying, as may
be appropriate, by the agency requesting such records or
information.
``(2) Any entity (including any officer, employee, or agent
thereof) that discloses records or information for inspection
or copying pursuant to this section in good faith reliance
upon the certifications made by an agency pursuant to this
section shall not be liable for any such disclosure to any
person under this title, the constitution of any State, or
any law or regulation of any State or any political
subdivision of any State.
``(d) Any agency requesting records or information under
this section may, subject to the availability of
appropriations, reimburse a private entity for any cost
reasonably incurred by such entity in responding to such
request, including the cost of identifying, reproducing, or
transporting records or other data.
``(e) An agency receiving records or information pursuant
to a request under this section may disseminate the records
or information obtained pursuant to such request outside the
agency only--
``(1) to the agency employing the employee who is the
subject of the records or information;
``(2) to the Department of Justice for law enforcement or
counterintelligence purposes; or
``(3) with respect to dissemination to an agency of the
United States, if such information is clearly relevant to the
authorized responsibilities of such agency.
``(f) Nothing in this section may be construed to affect
the authority of an investigative agency to obtain
information pursuant to the Right to Financial Privacy Act
(12 U.S.C. 3401 et seq.) or the Fair Credit Reporting Act (15
U.S.C. 1681 et seq.).
``exceptions
``Sec. 803. Except as otherwise specifically provided, the
provisions of this title shall not apply to the President and
Vice President, Members of the Congress, Justices of the
Supreme Court, and Federal judges appointed by the President.
``definitions
``Sec. 804. For purposes of this title--
``(1) the term `authorized investigative agency' means an
agency authorized by law or regulation to conduct a
counterintelligence investigation or investigations of
persons who are proposed for access to classified information
to ascertain whether such persons satisfy the criteria for
obtaining and retaining access to such information;
``(2) the term `classified information' means any
information that has been determined pursuant to Executive
Order No. 12356 of April 2, 1982, or successor orders, or the
Atomic Energy Act of 1954, to require protection against
unauthorized disclosure and that is so designated;
``(3) the term `consumer reporting agency' has the meaning
given such term in section 603 of the Consumer Credit
Protection Act (15 U.S.C. 1681a);
``(4) the term `employee' includes any person who receives
a salary or compensation of any kind from the United States
Government, is a contractor of the United States Government
or an employee thereof, is an unpaid consultant of the United
States Government, or otherwise acts for or on behalf of the
United States Government, except as otherwise determined by
the President;
``(5) the terms `financial agency' and `financial
institution' have the meanings given to such terms in section
5312(a) of title 31, United States Code, and the term
`holding company' has the meaning given to such term in
section 1101(6) of the Right to Financial Privacy Act of 1978
(12 U.S.C. 3401);
``(6) the terms `foreign power' and `agent of a foreign
power' have the same meanings as set forth in sections 101
(a) and (b), respectively, of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801); and
``(7) the term `State' means each of the several States of
the United States, the District of Columbia, the Commonwealth
of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, the United States Virgin Islands, Guam, American
Samoa, the Republic of the Marshall Islands, the Federated
States of Micronesia, and the Republic of Palau, and any
other possession of the United States.''.
(b) Clerical Amendment.--The table of contents of the
National Security Act of 1947 is amended by adding at the end
the following:
``TITLE VIII--ACCESS TO CLASSIFIED INFORMATION
``Sec. 801. Procedures.
``Sec. 802. Requests by authorized investigative agencies.
``Sec. 803. Exceptions.
``Sec. 804. Definitions.''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect 180 days after the date of
enactment of this Act.
SEC. 803. REWARDS FOR INFORMATION CONCERNING ESPIONAGE.
(a) Rewards.--Section 3071 of title 18, United States Code,
is amended--
[[Page 2252]]
(1) by inserting ``(a)'' before ``With respect to''; and
(2) by adding at the end the following new subsection:
``(b) With respect to acts of espionage involving or
directed at the United States, the Attorney General may
reward any individual who furnishes information--
``(1) leading to the arrest or conviction, in any country,
of any individual or individuals for commission of an act of
espionage against the United States;
``(2) leading to the arrest or conviction, in any country,
of any individual or individuals for conspiring or attempting
to commit an act of espionage against the United States; or
``(3) leading to the prevention or frustration of an act of
espionage against the United States.''.
(b) Definitions.--Section 3077 of such title is amended--
(1) by striking ``and'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(8) `act of espionage' means an activity that is a
violation of--
``(A) section 793, 794, or 798 of title 18, United States
Code; or
``(B) section 4 of the Subversive Activities Control Act of
1950.''.
(c) Clerical Amendments.--(1) The item relating to chapter
204 in the table of chapters for part II of such title is
amended to read as follows:
``204. Rewards for information concerning terrorist acts and3071''.age.
(2) The heading for chapter 204 of such title is amended to
read as follows:
``CHAPTER 204--REWARDS FOR INFORMATION CONCERNING TERRORIST ACTS AND
ESPIONAGE''.
SEC. 804. CRIMINAL FORFEITURE FOR VIOLATION OF CERTAIN
ESPIONAGE LAWS.
(a) In General.--Section 798 of title 18, United States
Code, is amended by adding at the end the following new
subsection:
``(d)(1) Any person convicted of a violation of this
section shall forfeit to the United States irrespective of
any provision of State law--
``(A) any property constituting, or derived from, any
proceeds the person obtained, directly or indirectly, as the
result of such violation; and
``(B) any of the person's property used, or intended to be
used, in any manner or part, to commit, or to facilitate the
commission of, such violation.
``(2) The court, in imposing sentence on a defendant for a
conviction of a violation of this section, shall order that
the defendant forfeit to the United States all property
described in paragraph (1).
``(3) Except as provided in paragraph (4), the provisions
of subsections (b), (c), and (e) through (p) of section 413
of the Comprehensive Drug Abuse Prevention and Control Act of
1970 (21 U.S.C. 853(b), (c), and (e)-(p)), shall apply to--
``(A) property subject to forfeiture under this subsection;
``(B) any seizure or disposition of such property; and
``(C) any administrative or judicial proceeding in relation
to such property,
if not inconsistent with this subsection.
``(4) Notwithstanding section 524(c) of title 28, there
shall be deposited in the Crime Victims Fund established
under section 1402 of the Victims of Crime Act of 1984 (42
U.S.C. 10601) all amounts from the forfeiture of property
under this subsection remaining after the payment of expenses
for forfeiture and sale authorized by law.
``(5) As used in this subsection, the term `State' means
any State of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Trust Territory of the
Pacific Islands, and any territory or possession of the
United States.''.
(b) Amendments for Consistency in Application of Forfeiture
Under Title 18.--(1) Section 793(h)(3) of such title is
amended in the matter preceding subparagraph (A) by striking
out ``(o)'' each place it appears and inserting in lieu
thereof ``(p)''.
(2) Section 794(d)(3) of such title is amended in the
matter preceding subparagraph (A) by striking out ``(o)''
each place it appears and inserting in lieu thereof ``(p)''.
(c) Subversive Activities Control Act.--Section 4 of the
Subversive Activities Control Act of 1950 (50 U.S.C. 783) is
amended by adding at the end the following new subsection:
``(e)(1) Any person convicted of a violation of this
section shall forfeit to the United States irrespective of
any provision of State law--
``(A) any property constituting, or derived from, any
proceeds the person obtained, directly or indirectly, as the
result of such violation; and
``(B) any of the person's property used, or intended to be
used, in any manner or part, to commit, or to facilitate the
commission of, such violation.
``(2) The court, in imposing sentence on a defendant for a
conviction of a violation of this section, shall order that
the defendant forfeit to the United States all property
described in paragraph (1).
``(3) Except as provided in paragraph (4), the provisions
of subsections (b), (c), and (e) through (p) of section 413
of the Comprehensive Drug Abuse Prevention and Control Act of
1970 (21 U.S.C. 853(b), (c), and (e)-(p)) shall apply to--
``(A) property subject to forfeiture under this subsection;
``(B) any seizure or disposition of such property; and
``(C) any administrative or judicial proceeding in relation
to such property,
if not inconsistent with this subsection.
``(4) Notwithstanding section 524(c) of title 28, there
shall be deposited in the Crime Victims Fund established
under section 1402 of the Victims of Crime Act of 1984 (42
U.S.C. 10601) all amounts from the forfeiture of property
under this subsection remaining after the payment of expenses
for forfeiture and sale authorized by law.
``(5) As used in this subsection, the term `State' means
any State of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Trust Territory of the
Pacific Islands, and any territory or possession of the
United States.''.
SEC. 805. DENIAL OF ANNUITIES OR RETIRED PAY TO PERSONS
CONVICTED OF ESPIONAGE IN FOREIGN COURTS
INVOLVING UNITED STATES INFORMATION.
Section 8312 of title 5, United States Code, is amended by
adding at the end thereof the following new subsection:
``(d)(1) For purposes of subsections (b)(1) and (c)(1), an
offense within the meaning of such subsections is established
if the Attorney General of the United States certifies to the
agency administering the annuity or retired pay concerned--
``(A) that an individual subject to this chapter has been
convicted by an impartial court of appropriate jurisdiction
within a foreign country in circumstances in which the
conduct violates the provisions of law enumerated in
subsections (b)(1) and (c)(1), or would violate such
provisions had such conduct taken place within the United
States, and that such conviction is not being appealed or
that final action has been taken on such appeal;
``(B) that such conviction was obtained in accordance with
procedures that provided the defendant due process rights
comparable to such rights provided by the United States
Constitution, and such conviction was based upon evidence
which would have been admissible in the courts of the United
States; and
``(C) that such conviction occurred after the date of
enactment of this subsection.
``(2) Any certification made pursuant to this subsection
shall be subject to review by the United States Court of
Claims based upon the application of the individual
concerned, or his or her attorney, alleging that any of the
conditions set forth in subparagraphs (A), (B), or (C) of
paragraph (1), as certified by the Attorney General, have not
been satisfied in his or her particular circumstances. Should
the court determine that any of these conditions has not been
satisfied in such case, the court shall order any annuity or
retirement benefit to which the person concerned is entitled
to be restored and shall order that any payments which may
have been previously denied or withheld to be paid by the
department or agency concerned.''.
SEC. 806. POSTEMPLOYMENT ASSISTANCE FOR CERTAIN TERMINATED
INTELLIGENCE EMPLOYEES OF THE DEPARTMENT OF
DEFENSE.
(a) Consolidation and Extension of Authority.--
(1) In general.--Chapter 81 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1599. Postemployment assistance: certain terminated
intelligence employees
``(a) Authority.--Subject to subsection (c), the Secretary
of Defense may, in the case of any individual who is a
qualified former intelligence employee, use appropriated
funds--
``(1) to assist that individual in finding and qualifying
for employment other than in an intelligence component of the
Department of Defense;
``(2) to assist that individual in meeting the expenses of
treatment of medical or psychological disabilities of that
individual; and
``(3) to provide financial support to that individual
during periods of unemployment.
``(b) Qualified Former Intelligence Employees.--For
purposes of this section, a qualified former intelligence
employee is an individual who was employed as a civilian
employee of the Department of Defense in a sensitive position
in an intelligence component of the Department of Defense--
``(1) who has been found to be ineligible for continued
access to information designated as `Sensitive Compartmented
Information' and employment with the intelligence component;
or
``(2) whose employment with the intelligence component has
been terminated.
``(c) Conditions.--Assistance may be provided to a
qualified former intelligence employee under subsection (a)
only if the Secretary determines that such assistance is
essential to--
``(1) maintain the judgment and emotional stability of the
qualified former intelligence employee; and
``(2) avoid circumstances that might lead to the unlawful
disclosure of classified information to which the qualified
former intelligence employee had access.
``(d) Duration of Assistance.--Assistance may not be
provided under this section in the case of any individual
after the end of the five-year period beginning on the date
of the termination of the employment of the individual with
an intelligence component of the Department of Defense.
[[Page 2253]]
``(e) Annual Report.--(1) The Secretary of Defense shall
submit to the congressional committees specified in paragraph
(2) an annual report with respect to any expenditure made
under this section.
``(2) The committees referred to in paragraph (1) are the
following:
``(A) The Committees on Armed Services and Appropriations
and the Permanent Select Committee on Intelligence of the
House of Representatives.
``(B) The Committees on Armed Services and Appropriations
and the Select Committee on Intelligence of the Senate.
``(f) Definition.--In this section, the term `intelligence
component of the Department of Defense' means any of the
following:
``(1) The National Security Agency.
``(2) The Defense Intelligence Agency.
``(3) The National Reconnaissance Office.
``(4) The Central Imagery Office.
``(5) The intelligence components of any of the military
departments.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1599. Postemployment assistance: certain terminated intelligence
employees.''.
(b) Repeal of Predecessor Authority.--
(1) Defense intelligence agency.--Paragraph (4) of section
1604(e) of title 10, United States Code, is repealed.
(2) National security agency.--Section 17 of the National
Security Agency Act of 1959 (50 U.S.C. 402 note) is repealed.
SEC. 807. PROVIDING A COURT ORDER PROCESS FOR PHYSICAL
SEARCHES UNDERTAKEN FOR FOREIGN INTELLIGENCE
PURPOSES.
(a) Amendment of the Foreign Intelligence Surveillance Act
of 1978.--The Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.) is amended--
(1) by redesignating title III as title IV and section 301
as section 401, respectively;
(2) in section 401 (as so redesignated) by inserting
``(other than title III)'' after ``provisions of this Act'';
and
(3) by inserting after title II the following new title:
``TITLE III--PHYSICAL SEARCHES WITHIN THE UNITED STATES FOR FOREIGN
INTELLIGENCE PURPOSES
``definitions
``Sec. 301. As used in this title:
``(1) The terms `foreign power', `agent of a foreign
power', `international terrorism', `sabotage', `foreign
intelligence information', `Attorney General', `United States
person', `United States', `person', and `State' shall have
the same meanings as in section 101 of this Act, except as
specifically provided by this title.
``(2) `Aggrieved person' means a person whose premises,
property, information, or material is the target of physical
search or any other person whose premises, property,
information, or material was subject to physical search.
``(3) `Foreign Intelligence Surveillance Court' means the
court established by section 103(a) of this Act.
``(4) `Minimization procedures' with respect to physical
search, means--
``(A) specific procedures, which shall be adopted by the
Attorney General, that are reasonably designed in light of
the purposes and technique of the particular physical search,
to minimize the acquisition and retention, and prohibit the
dissemination, of nonpublicly available information
concerning unconsenting United States persons consistent with
the need of the United States to obtain, produce, and
disseminate foreign intelligence information;
``(B) procedures that require that nonpublicly available
information, which is not foreign intelligence information,
as defined in section 101(e)(1) of this Act, shall not be
disseminated in a manner that identifies any United States
person, without such person's consent, unless such person's
identity is necessary to understand such foreign intelligence
information or assess its importance;
``(C) notwithstanding subparagraphs (A) and (B), procedures
that allow for the retention and dissemination of information
that is evidence of a crime which has been, is being, or is
about to be committed and that is to be retained or
disseminated for law enforcement purposes; and
``(D) notwithstanding subparagraphs (A), (B), and (C), with
respect to any physical search approved pursuant to section
302(a), procedures that require that no information,
material, or property of a United States person shall be
disclosed, disseminated, or used for any purpose or retained
for longer than 24 hours unless a court order under section
304 is obtained or unless the Attorney General determines
that the information indicates a threat of death or serious
bodily harm to any person.
``(5) `Physical search' means any physical intrusion within
the United States into premises or property (including
examination of the interior of property by technical means)
that is intended to result in a seizure, reproduction,
inspection, or alteration of information, material, or
property, under circumstances in which a person has a
reasonable expectation of privacy and a warrant would be
required for law enforcement purposes, but does not include
(A) `electronic surveillance', as defined in section 101(f)
of this Act, or (B) the acquisition by the United States
Government of foreign intelligence information from
international or foreign communications, or foreign
intelligence activities conducted in accordance with
otherwise applicable Federal law involving a foreign
electronic communications system, utilizing a means other
than electronic surveillance as defined in section 101(f) of
this Act.
``AUTHORIZATION OF PHYSICAL SEARCHES FOR FOREIGN INTELLIGENCE PURPOSES
``Sec. 302. (a)(1) Notwithstanding any other provision of
law, the President, acting through the Attorney General, may
authorize physical searches without a court order under this
title to acquire foreign intelligence information for periods
of up to one year if--
``(A) the Attorney General certifies in writing under oath
that--
``(i) the physical search is solely directed at premises,
information, material, or property used exclusively by, or
under the open and exclusive control of, a foreign power or
powers (as defined in section 101(a)(1), (2), or (3));
``(ii) there is no substantial likelihood that the physical
search will involve the premises, information, material, or
property of a United States person; and
``(iii) the proposed minimization procedures with respect
to such physical search meet the definition of minimization
procedures under paragraphs (1) through (4) of section
301(4); and
``(B) the Attorney General reports such minimization
procedures and any changes thereto to the Permanent Select
Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate at least
30 days before their effective date, unless the Attorney
General determines that immediate action is required and
notifies the committees immediately of such minimization
procedures and the reason for their becoming effective
immediately.
``(2) A physical search authorized by this subsection may
be conducted only in accordance with the certification and
minimization procedures adopted by the Attorney General. The
Attorney General shall assess compliance with such procedures
and shall report such assessments to the Permanent Select
Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate under the
provisions of section 306.
``(3) The Attorney General shall immediately transmit under
seal to the Foreign Intelligence Surveillance Court a copy of
the certification. Such certification shall be maintained
under security measures established by the Chief Justice of
the United States with the concurrence of the Attorney
General, in consultation with the Director of Central
Intelligence, and shall remain sealed unless--
``(A) an application for a court order with respect to the
physical search is made under section 301(4) and section 303;
or
``(B) the certification is necessary to determine the
legality of the physical search under section 305(g).
``(4)(A) With respect to physical searches authorized by
this subsection, the Attorney General may direct a specified
landlord, custodian, or other specified person to--
``(i) furnish all information, facilities, or assistance
necessary to accomplish the physical search in such a manner
as will protect its secrecy and produce a minimum of
interference with the services that such landlord, custodian,
or other person is providing the target of the physical
search; and
``(ii) maintain under security procedures approved by the
Attorney General and the Director of Central Intelligence any
records concerning the search or the aid furnished that such
person wishes to retain.
``(B) The Government shall compensate, at the prevailing
rate, such landlord, custodian, or other person for
furnishing such aid.
``(b) Applications for a court order under this title are
authorized if the President has, by written authorization,
empowered the Attorney General to approve applications to the
Foreign Intelligence Surveillance Court. Notwithstanding any
other provision of law, a judge of the court to whom
application is made may grant an order in accordance with
section 304 approving a physical search in the United States
of the premises, property, information, or material of a
foreign power or an agent of a foreign power for the purpose
of collecting foreign intelligence information.
``(c) The Foreign Intelligence Surveillance Court shall
have jurisdiction to hear applications for and grant orders
approving a physical search for the purpose of obtaining
foreign intelligence information anywhere within the United
States under the procedures set forth in this title, except
that no judge shall hear the same application which has been
denied previously by another judge designated under section
103(a) of this Act. If any judge so designated denies an
application for an order authorizing a physical search under
this title, such judge shall provide immediately for the
record a written statement of each reason for such decision
and, on motion of the United States, the record shall be
transmitted, under seal, to the court of review established
under section 103(b).
``(d) The court of review established under section 103(b)
shall have jurisdiction to review the denial of any
application made under this title. If such court determines
that the application was properly denied, the court shall
immediately provide for the record a written statement of
each reason for its decision and, on petition of the United
States for a writ of certiorari, the record shall be
transmitted under seal to the Su-
[[Page 2254]]
preme Court, which shall have jurisdiction to review such
decision.
``(e) Judicial proceedings under this title shall be
concluded as expeditiously as possible. The record of
proceedings under this title, including applications made and
orders granted, shall be maintained under security measures
established by the Chief Justice of the United States in
consultation with the Attorney General and the Director of
Central Intelligence.
``APPLICATION FOR AN ORDER
``Sec. 303. (a) Each application for an order approving a
physical search under this title shall be made by a Federal
officer in writing upon oath or affirmation to a judge of the
Foreign Intelligence Surveillance Court. Each application
shall require the approval of the Attorney General based upon
the Attorney General's finding that it satisfies the criteria
and requirements for such application as set forth in this
title. Each application shall include--
``(1) the identity of the Federal officer making the
application;
``(2) the authority conferred on the Attorney General by
the President and the approval of the Attorney General to
make the application;
``(3) the identity, if known, or a description of the
target of the search, and a detailed description of the
premises or property to be searched and of the information,
material, or property to be seized, reproduced, or altered;
``(4) a statement of the facts and circumstances relied
upon by the applicant to justify the applicant's belief
that--
``(A) the target of the physical search is a foreign power
or an agent of a foreign power;
``(B) the premises or property to be searched contains
foreign intelligence information; and
``(C) the premises or property to be searched is owned,
used, possessed by, or is in transit to or from a foreign
power or an agent of a foreign power;
``(5) a statement of the proposed minimization procedures;
``(6) a statement of the nature of the foreign intelligence
sought and the manner in which the physical search is to be
conducted;
``(7) a certification or certifications by the Assistant to
the President for National Security Affairs or an executive
branch official or officials designated by the President from
among those executive branch officers employed in the area of
national security or defense and appointed by the President,
by and with the advice and consent of the Senate--
``(A) that the certifying official deems the information
sought to be foreign intelligence information;
``(B) that the purpose of the search is to obtain foreign
intelligence information;
``(C) that such information cannot reasonably be obtained
by normal investigative techniques;
``(D) that designates the type of foreign intelligence
information being sought according to the categories
described in section 101(e); and
``(E) includes a statement explaining the basis for the
certifications required by subparagraphs (C) and (D);
``(8) where the physical search involves a search of the
residence of a United States person, the Attorney General
shall state what investigative techniques have previously
been utilized to obtain the foreign intelligence information
concerned and the degree to which these techniques resulted
in acquiring such information; and
``(9) a statement of the facts concerning all previous
applications that have been made to any judge under this
title involving any of the persons, premises, or property
specified in the application, and the action taken on each
previous application.
``(b) The Attorney General may require any other affidavit
or certification from any other officer in connection with
the application.
``(c) The judge may require the applicant to furnish such
other information as may be necessary to make the
determinations required by section 304.
``ISSUANCE OF AN ORDER
``Sec. 304. (a) Upon an application made pursuant to
section 303, the judge shall enter an ex parte order as
requested or as modified approving the physical search if the
judge finds that--
``(1) the President has authorized the Attorney General to
approve applications for physical searches for foreign
intelligence purposes;
``(2) the application has been made by a Federal officer
and approved by the Attorney General;
``(3) on the basis of the facts submitted by the applicant
there is probable cause to believe that--
``(A) the target of the physical search is a foreign power
or an agent of a foreign power, except that no United States
person may be considered an agent of a foreign power solely
upon the basis of activities protected by the first amendment
to the Constitution of the United States; and
``(B) the premises or property to be searched is owned,
used, possessed by, or is in transit to or from an agent of a
foreign power or a foreign power;
``(4) the proposed minimization procedures meet the
definition of minimization contained in this title; and
``(5) the application which has been filed contains all
statements and certifications required by section 303, and,
if the target is a United States person, the certification or
certifications are not clearly erroneous on the basis of the
statement made under section 303(a)(7)(E) and any other
information furnished under section 303(c).
``(b) An order approving a physical search under this
section shall--
``(1) specify--
``(A) the identity, if known, or a description of the
target of the physical search;
``(B) the nature and location of each of the premises or
property to be searched;
``(C) the type of information, material, or property to be
seized, altered, or reproduced;
``(D) a statement of the manner in which the physical
search is to be conducted and, whenever more than one
physical search is authorized under the order, the authorized
scope of each search and what minimization procedures shall
apply to the information acquired by each search; and
``(E) the period of time during which physical searches are
approved; and
``(2) direct--
``(A) that the minimization procedures be followed;
``(B) that, upon the request of the applicant, a specified
landlord, custodian, or other specified person furnish the
applicant forthwith all information, facilities, or
assistance necessary to accomplish the physical search in
such a manner as will protect its secrecy and produce a
minimum of interference with the services that such landlord,
custodian, or other person is providing the target of the
physical search;
``(C) that such landlord, custodian or other person
maintain under security procedures approved by the Attorney
General and the Director of Central Intelligence any records
concerning the search or the aid furnished that such person
wishes to retain;
``(D) that the applicant compensate, at the prevailing
rate, such landlord, custodian, or other person for
furnishing such aid; and
``(E) that the Federal officer conducting the physical
search promptly report to the court the circumstances and
results of the physical search.
``(c)(1) An order issued under this section may approve a
physical search for the period necessary to achieve its
purpose, or for forty-five days, whichever is less, except
that an order under this section shall approve a physical
search targeted against a foreign power, as defined in
paragraph (1), (2), or (3) of section 101(a), for the period
specified in the application or for one year, whichever is
less.
``(2) Extensions of an order issued under this title may be
granted on the same basis as the original order upon an
application for an extension and new findings made in the
same manner as required for the original order, except that
an extension of an order under this Act for a physical search
targeted against a foreign power, as defined in section
101(a) (5) or (6), or against a foreign power, as defined in
section 101(a)(4), that is not a United States person, may be
for a period not to exceed one year if the judge finds
probable cause to believe that no property of any individual
United States person will be acquired during the period.
``(3) At or before the end of the period of time for which
a physical search is approved by an order or an extension, or
at any time after a physical search is carried out, the judge
may assess compliance with the minimization procedures by
reviewing the circumstances under which information
concerning United States persons was acquired, retained, or
disseminated.
``(d)(1)(A) Notwithstanding any other provision of this
title, whenever the Attorney General reasonably makes the
determination specified in subparagraph (B), the Attorney
General may authorize the execution of an emergency physical
search if--
``(i) a judge having jurisdiction under section 103 is
informed by the Attorney General or the Attorney General's
designee at the time of such authorization that the decision
has been made to execute an emergency search, and
``(ii) an application in accordance with this title is made
to that judge as soon as practicable but not more than 24
hours after the Attorney General authorizes such search.
``(B) The determination referred to in subparagraph (A) is
a determination that--
``(i) an emergency situation exists with respect to the
execution of a physical search to obtain foreign intelligence
information before an order authorizing such search can with
due diligence be obtained, and
``(ii) the factual basis for issuance of an order under
this title to approve such a search exists.
``(2) If the Attorney General authorizes an emergency
search under paragraph (1), the Attorney General shall
require that the minimization procedures required by this
title for the issuance of a judicial order be followed.
``(3) In the absence of a judicial order approving such a
physical search, the search shall terminate the earlier of--
``(A) the date on which the information sought is obtained;
``(B) the date on which the application for the order is
denied; or
``(C) the expiration of 24 hours from the time of
authorization by the Attorney General.
``(4) In the event that such application for approval is
denied, or in any other case where the physical search is
terminated and no order is issued approving the search, no
information obtained or evidence derived from such search
shall be received in evidence or otherwise disclosed in any
trial, hearing, or other proceeding in or before any court,
grand jury, department, office, agency, regulatory body,
legislative committee, or other authority of the United
States, a
[[Page 2255]]
State, or political subdivision thereof, and no information
concerning any United States person acquired from such search
shall subsequently be used or disclosed in any other manner
by Federal officers or employees without the consent of such
person, except with the approval of the Attorney General, if
the information indicates a threat of death or serious bodily
harm to any person. A denial of the application made under
this subsection may be reviewed as provided in section 302.
``(e) Applications made and orders granted under this title
shall be retained for a period of at least 10 years from the
date of the application.
``USE OF INFORMATION
``Sec. 305. (a) Information acquired from a physical search
conducted pursuant to this title concerning any United States
person may be used and disclosed by Federal officers and
employees without the consent of the United States person
only in accordance with the minimization procedures required
by this title. No information acquired from a physical search
pursuant to this title may be used or disclosed by Federal
officers or employees except for lawful purposes.
``(b) Where a physical search authorized and conducted
pursuant to section 304 involves the residence of a United
States person, and, at any time after the search the Attorney
General determines there is no national security interest in
continuing to maintain the secrecy of the search, the
Attorney General shall provide notice to the United States
person whose residence was searched of the fact of the search
conducted pursuant to this Act and shall identify any
property of such person seized, altered, or reproduced during
such search.
``(c) No information acquired pursuant to this title shall
be disclosed for law enforcement purposes unless such
disclosure is accompanied by a statement that such
information, or any information derived therefrom, may only
be used in a criminal proceeding with the advance
authorization of the Attorney General.
``(d) Whenever the United States intends to enter into
evidence or otherwise use or disclose in any trial, hearing,
or other proceeding in or before any court, department,
officer, agency, regulatory body, or other authority of the
United States, against an aggrieved person, any information
obtained or derived from a physical search pursuant to the
authority of this title, the United States shall, prior to
the trial, hearing, or the other proceeding or at a
reasonable time prior to an effort to so disclose or so use
that information or submit it in evidence, notify the
aggrieved person and the court or other authority in which
the information is to be disclosed or used that the United
States intends to so disclose or so use such information.
``(e) Whenever any State or political subdivision thereof
intends to enter into evidence or otherwise use or disclose
in any trial, hearing, or other proceeding in or before any
court, department, officer, agency, regulatory body, or other
authority of a State or a political subdivision thereof
against an aggrieved person any information obtained or
derived from a physical search pursuant to the authority of
this title, the State or political subdivision thereof shall
notify the aggrieved person, the court or other authority in
which the information is to be disclosed or used, and the
Attorney General that the State or political subdivision
thereof intends to so disclose or so use such information.
``(f)(1) Any person against whom evidence obtained or
derived from a physical search to which he is an aggrieved
person is to be, or has been, introduced or otherwise used or
disclosed in any trial, hearing, or other proceeding in or
before any court, department, officer, agency, regulatory
body, or other authority of the United States, a State, or a
political subdivision thereof, may move to suppress the
evidence obtained or derived from such search on the grounds
that--
``(A) the information was unlawfully acquired; or
``(B) the physical search was not made in conformity with
an order of authorization or approval.
``(2) Such a motion shall be made before the trial,
hearing, or other proceeding unless there was no opportunity
to make such a motion or the person was not aware of the
grounds of the motion.
``(g) Whenever a court or other authority is notified
pursuant to subsection (d) or (e), or whenever a motion is
made pursuant to subsection (f), or whenever any motion or
request is made by an aggrieved person pursuant to any other
statute or rule of the United States or any State before any
court or other authority of the United States or any State to
discover or obtain applications or orders or other materials
relating to a physical search authorized by this title or to
discover, obtain, or suppress evidence or information
obtained or derived from a physical search authorized by this
title, the United States district court or, where the motion
is made before another authority, the United States district
court in the same district as the authority shall,
notwithstanding any other provision of law, if the Attorney
General files an affidavit under oath that disclosure or any
adversary hearing would harm the national security of the
United States, review in camera and ex parte the application,
order, and such other materials relating to the physical
search as may be necessary to determine whether the physical
search of the aggrieved person was lawfully authorized and
conducted. In making this determination, the court may
disclose to the aggrieved person, under appropriate security
procedures and protective orders, portions of the
application, order, or other materials relating to the
physical search, or may require the Attorney General to
provide to the aggrieved person a summary of such materials,
only where such disclosure is necessary to make an accurate
determination of the legality of the physical search.
``(h) If the United States district court pursuant to
subsection (g) determines that the physical search was not
lawfully authorized or conducted, it shall, in accordance
with the requirements of law, suppress the evidence which was
unlawfully obtained or derived from the physical search of
the aggrieved person or otherwise grant the motion of the
aggrieved person. If the court determines that the physical
search was lawfully authorized or conducted, it shall deny
the motion of the aggrieved person except to the extent that
due process requires discovery or disclosure.
``(i) Orders granting motions or requests under subsection
(h), decisions under this section that a physical search was
not lawfully authorized or conducted, and orders of the
United States district court requiring review or granting
disclosure of applications, orders, or other materials
relating to the physical search shall be final orders and
binding upon all courts of the United States and the several
States except a United States Court of Appeals or the Supreme
Court.
``(j)(1) If an emergency execution of a physical search is
authorized under section 304(d) and a subsequent order
approving the search is not obtained, the judge shall cause
to be served on any United States person named in the
application and on such other United States persons subject
to the search as the judge may determine in his discretion it
is in the interests of justice to serve, notice of--
``(A) the fact of the application;
``(B) the period of the search; and
``(C) the fact that during the period information was or
was not obtained.
``(2) On an ex parte showing of good cause to the judge,
the serving of the notice required by this subsection may be
postponed or suspended for a period not to exceed 90 days.
Thereafter, on a further ex parte showing of good cause, the
court shall forego ordering the serving of the notice
required under this subsection.
``CONGRESSIONAL OVERSIGHT
``Sec. 306. On a semiannual basis the Attorney General
shall fully inform the Permanent Select Committee on
Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate concerning all
physical searches conducted pursuant to this title. On a
semiannual basis the Attorney General shall also provide to
those committees and the Committees on the Judiciary of the
House of Representatives and the Senate a report setting
forth with respect to the preceding six-month period--
``(1) the total number of applications made for orders
approving physical searches under this title;
``(2) the total number of such orders either granted,
modified, or denied; and
``(3) the number of physical searches which involved
searches of the residences, offices, or personal property of
United States persons, and the number of occasions, if any,
where the Attorney General provided notice pursuant to
section 305(b).
``PENALTIES
``Sec. 307. (a) A person is guilty of an offense if he
intentionally--
``(1) under color of law for the purpose of obtaining
foreign intelligence information, executes a physical search
within the United States except as authorized by statute; or
``(2) discloses or uses information obtained under color of
law by physical search within the United States, knowing or
having reason to know that the information was obtained
through physical search not authorized by statute, for the
purpose of obtaining intelligence information.
``(b) It is a defense to a prosecution under subsection (a)
that the defendant was a law enforcement or investigative
officer engaged in the course of his official duties and the
physical search was authorized by and conducted pursuant to a
search warrant or court order of a court of competent
jurisdiction.
``(c) An offense described in this section is punishable by
a fine of not more than $10,000 or imprisonment for not more
than five years, or both.
``(d) There is Federal jurisdiction over an offense under
this section if the person committing the offense was an
officer or employee of the United States at the time the
offense was committed.
``civil liability
``Sec. 308. An aggrieved person, other than a foreign power
or an agent of a foreign power, as defined in section 101 (a)
or (b)(1)(A), respectively, of this Act, whose premises,
property, information, or material has been subjected to a
physical search within the United States or about whom
information obtained by such a physical search has been
disclosed or used in violation of section 307 shall have a
cause of action against any person who committed such
violation and shall be entitled to recover--
``(1) actual damages, but not less than liquidated damages
of $1,000 or $100 per day for each day of violation,
whichever is greater;
``(2) punitive damages; and
``(3) reasonable attorney's fees and other investigative
and litigation costs reasonably incurred.
[[Page 2256]]
``authorization during time of war
``Sec. 309. Notwithstanding any other provision of law, the
President, through the Attorney General, may authorize
physical searches without a court order under this title to
acquire foreign intelligence information for a period not to
exceed 15 calendar days following a declaration of war by the
Congress.''.
(b) Clerical Amendment.--The table of contents in the first
section of the Foreign Intelligence Surveillance Act of 1978
is amended by striking the items relating to title III and
inserting the following:
``TITLE III--PHYSICAL SEARCHES WITHIN THE UNITED STATES FOR FOREIGN
INTELLIGENCE PURPOSES
``Sec. 301. Definitions.
``Sec. 302. Authorization of physical searches for foreign intelligence
purposes.
``Sec. 303. Application for an order.
``Sec. 304. Issuance of an order.
``Sec. 305. Use of information.
``Sec. 306. Congressional oversight.
``Sec. 307. Penalties.
``Sec. 308. Civil liability.
``Sec. 309. Authorization during time of war.
``TITLE IV--EFFECTIVE DATE
``Sec. 401. Effective Date.''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect 90 days after the date of enactment
of this Act, except that any physical search approved by the
Attorney General of the United States to gather foreign
intelligence information shall not be deemed unlawful for
failure to follow the procedures of title III of the Foreign
Intelligence Surveillance Act of 1978 (as added by this Act),
if that search is conducted within 180 days after the date of
enactment of this Act pursuant to regulations issued by the
Attorney General, which were in the possession of the Select
Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of
Representatives before the date of enactment of this Act.
SEC. 808. LESSER CRIMINAL OFFENSE FOR UNAUTHORIZED REMOVAL OF
CLASSIFIED DOCUMENTS.
(a) In General.--Chapter 93 of title 18, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1924. Unauthorized removal and retention of classified
documents or material
``(a) Whoever, being an officer, employee, contractor, or
consultant of the United States, and, by virtue of his
office, employment, position, or contract, becomes possessed
of documents or materials containing classified information
of the United States, knowingly removes such documents or
materials without authority and with the intent to retain
such documents or materials at an unauthorized location shall
be fined not more than $1,000, or imprisoned for not more
than one year, or both.
``(b) For purposes of this section, the provision of
documents and materials to the Congress shall not constitute
an offense under subsection (a).
``(c) In this section, the term `classified information of
the United States' means information originated, owned, or
possessed by the United States Government concerning the
national defense or foreign relations of the United States
that has been determined pursuant to law or Executive order
to require protection against unauthorized disclosure in the
interests of national security.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following:
``1924. Unauthorized removal and retention of classified documents or
material.''.
SEC. 809. REPORTS ON FOREIGN INDUSTRIAL ESPIONAGE.
(a) In General.--
(1) Submission and contents.--In order to assist Congress
in its oversight functions with respect to this Act and to
improve the awareness of United States industry of foreign
industrial espionage and the ability of such industry to
protect against such espionage, the President shall submit to
Congress a report that describes, as of the time of the
report, the following:
(A) The respective policy functions and operational roles
of the agencies of the executive branch of the Federal
Government in identifying and countering threats to United
States industry of foreign industrial espionage, including
the manner in which such functions and roles are coordinated.
(B) The means by which the Federal Government communicates
information on such threats, and on methods to protect
against such threats, to United States industry in general
and to United States companies known to be targets of foreign
industrial espionage.
(C) The specific measures that are being or could be
undertaken in order to improve the activities referred to in
subparagraphs (A) and (B), including proposals for any
modifications of law necessary to facilitate the undertaking
of such activities.
(D) The threat to United States industry of foreign
industrial espionage and any trends in that threat,
including--
(i) the number and identity of the foreign governments
conducting foreign industrial espionage;
(ii) the industrial sectors and types of information and
technology targeted by such espionage; and
(iii) the methods used to conduct such espionage.
(2) Date of Submission.--The President shall submit the
report required under this subsection not later than six
months after the date of the enactment of this Act.
(b) Annual Update.--Not later than one year after the date
referred to in paragraph (2) of subsection (a), and on the
expiration of each year thereafter, the President shall
submit to Congress a report updating the information referred
to in paragraph (1)(D) of that subsection.
(c) Form of Reports.--To the maximum extent practicable,
the reports referred to in subsections (a) and (b) shall be
submitted in an unclassified form, but may be accompanied by
a classified appendix.
(d) Report under Defense Production Act.--Section
721(k)(1)(B) of the Defense Production Act of 1950 (50 U.S.C.
App. 2170(k)(1)(B)) is amended by inserting ``or directly
assisted'' after ``directed''.
(e) Definition.--For the purposes of this section,
``foreign industrial espionage'' means industrial espionage
conducted by a foreign government or by a foreign company
with direct assistance of a foreign government against a
private United States company and aimed at obtaining
commercial secrets.
SEC. 810. COUNTERNARCOTICS TARGETS FUNDING.
Not less than $5,000,000 from the base budget for the
National Security Agency shall be transferred to United
States Army signals intelligence activities directed
at counternarcotics targets. A detailed operations plan with
special emphasis on the United States/Mexico border and
including the participation of the National Security Agency,
the Drug Enforcement Administration, the Federal Bureau of
Investigation, and the United States Customs Service, shall
be provided to the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on Intelligence of
the House of Representatives no later than November 15, 1994.
This plan shall include a detailed description of the planned
targets and the type of intelligence collection,
dissemination, analysis and tasking that will be included in
these operations.
SEC. 811. COORDINATION OF COUNTERINTELLIGENCE ACTIVITIES.
(a) Establishment of Counterintelligence Policy Board.--
There is established within the executive branch of
Government a National Counterintelligence Policy Board (in
this section referred to as the ``Board''). The Board shall
report to the President through the National Security
Council.
(b) Function of the Board.--The Board shall serve as the
principal mechanism for--
(1) developing policies and procedures for the approval of
the President to govern the conduct of counterintelligence
activities; and
(2) resolving conflicts, as directed by the President,
which may arise between elements of the Government which
carry out such activities.
(c) Coordination of Counterintelligence Matters With the
Federal Bureau of Investigation.--(1) Except as provided in
paragraph (3), the head of each department or agency within
the executive branch shall ensure that--
(A) the Federal Bureau of Investigation is advised
immediately of any information, regardless of its origin,
which indicates that classified information is being, or may
have been, disclosed in an unauthorized manner to a foreign
power or an agent of a foreign power;
(B) following a report made pursuant to subparagraph (A),
the Federal Bureau of Investigation is consulted with respect
to all subsequent actions which may be undertaken by the
department or agency concerned to determine the source of
such loss or compromise; and
(C) where, after appropriate consultation with the
department or agency concerned, the Federal Bureau of
Investigation undertakes investigative activities to
determine the source of the loss or compromise, the Federal
Bureau of Investigation is given complete and timely access
to the employees and records of the department or agency
concerned for purposes of such investigative activities.
(2) Except as provided in paragraph (3), the Director of
the Federal Bureau of Investigation shall ensure that
espionage information obtained by the Federal Bureau of
Investigation pertaining to the personnel, operations, or
information of departments or agencies of the executive
branch, is provided through appropriate channels to the
department or agency concerned, and that such departments or
agencies are consulted with respect to espionage
investigations undertaken by the Federal Bureau of
Investigation which involve the personnel, operations, or
information of such department or agency after a report has
been provided pursuant to paragraph (1)(A).
(3) Where essential to meet extraordinary circumstances
affecting vital national security interests of the United
States, the President may on a case-by-case basis waive the
requirements of paragraph (1) or (2), as they apply to the
head of a particular department or agency, or the Director of
the Federal Bureau of Investigation. Such waiver shall be in
writing and shall fully state the justification for such
waiver. Within thirty days, the President shall notify the
Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives that such waiver has been issued, and at that
time or as soon as national security considerations permit,
provide these committees with a complete explanation of the
circumstances which necessitated such waiver.
[[Page 2257]]
(4) The Director of the Federal Bureau of Investigation
shall, in consultation with the Director of Central
Intelligence and the Secretary of Defense, report annually,
beginning on February 1, 1995, and continuing each year
thereafter, to the Select Committee on Intelligence of the
Senate and to the Permanent Select Committee on Intelligence
of the House of Representatives and, in accordance with
applicable security procedures, the Committees on the
Judiciary of the House of Representatives and the Senate with
respect to compliance with paragraphs (1) and (2) during the
previous calendar year.
(5) Nothing in this section may be construed to alter the
existing jurisdictional arrangements between the Federal
Bureau of Investigation and the Department of Defense with
respect to investigations of persons subject to the Uniform
Code of Military Justice, nor to impose additional reporting
requirements upon the Department of Defense with respect to
such investigations beyond those required by existing law and
executive branch policy.
(6) As used in this section, the terms ``foreign power''
and ``agent of a foreign power'' have the same meanings as
set forth in sections 101(a) and (b), respectively, of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801).
TITLE IX--COMMISSION ON THE ROLES AND CAPABILITIES OF THE UNITED STATES
INTELLIGENCE COMMUNITY
SEC. 901. ESTABLISHMENT.
There is established a commission to be known as the
Commission on the Roles and Capabilities of the United States
Intelligence Community (hereafter in this title referred to
as the ``Commission'').
SEC. 902. COMPOSITION AND QUALIFICATIONS.
(a) Membership.--(1) The Commission shall be composed of 17
members, as follows:
(A) Nine members shall be appointed by the President from
private life, no more than four of whom shall have previously
held senior leadership positions in the intelligence
community and no more than five of whom shall be members of
the same political party.
(B) Two members shall be appointed by the majority leader
of the Senate, of whom one shall be a Member of the Senate
and one shall be from private life.
(C) Two members shall be appointed by the minority leader
of the Senate, of whom one shall be a Member of the Senate
and one shall be from private life.
(D) Two members shall be appointed by the Speaker of the
House of Representatives, of whom one shall be a Member of
the House and one shall be from private life.
(E) Two members shall be appointed by the Minority Leader
of the House of Representatives, of whom one shall be a
Member of the House and one shall be from private life.
(2) The members of the Commission appointed from private
life under paragraph (1) shall be persons of demonstrated
ability and accomplishment in government, business, law,
academe, journalism, or other profession, who have a
substantial background in national security matters.
(b) Chairman and Vice Chairman.--The President shall
designate two of the members appointed from private life to
serve as Chairman and Vice Chairman, respectively, of the
Commission.
(c) Period of Appointment; Vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall not affect its powers but shall be filled in
the same manner as the original appointment.
(d) Deadline for Appointments.--The appointments required
by subsection (a) shall be made within 45 days after the date
of enactment of this Act.
(e) Meetings.--(1) The Commission shall meet at the call of
the Chairman.
(2) The Commission shall hold its first meeting not later
than four months after the date of enactment of this Act.
(f) Quorum.--Nine members of the Commission shall
constitute a quorum, but a lesser number of members may hold
hearings, take testimony, or receive evidence.
(g) Security Clearances.--Appropriate security clearances
shall be required for members of the Commission who are
private United States citizens. Such clearances shall be
processed and completed on an expedited basis by appropriate
elements of the executive branch of Government and shall, in
any case, be completed within 90 days of the date such
members are appointed.
(h) Application of certain provisions of law.--In light of
the extraordinary and sensitive nature of its deliberations,
the provisions of the Federal Advisory Committee Act (5
U.S.C. App.), and the regulations prescribed by the
Administrator of General Services pursuant to that Act, shall
not apply to the Commission. Further, the provisions of
section 552 of title 5, United States Code (commonly known as
the ``Freedom of Information Act'') shall not apply to the
Commission; however, records of the Commission shall be
subject to the Federal Records Act and, when transferred to
the National Archives and Records Agency, shall no longer be
exempt from the provisions of such section 552.
SEC. 903. DUTIES OF THE COMMISSION.
(a) In General.--It shall be the duty of the Commission--
(1) to review the efficacy and appropriateness of the
activities of the United States intelligence community in the
post-cold war global environment; and
(2) to prepare and transmit the reports described in
section 904.
(b) Implementation.--In carrying out subsection (a), the
Commission shall specifically consider the following:
(1) What should be the roles and missions of the
intelligence community in terms of providing support to the
defense and foreign policy establishments and how should
these relate to tactical intelligence activities.
(2) Whether the roles and missions of the intelligence
community should extend beyond the traditional areas of
providing support to the defense and foreign policy
establishments, and, if so, what areas should be considered
legitimate for intelligence collection and analysis, and
whether such areas should include for example, economic
issues, environmental issues, and health issues.
(3) What functions, if any, should continue to be assigned
to the organizations of the intelligence community, including
the Central Intelligence Agency, and what capabilities should
these organizations retain for the future.
(4) Whether the existing organization and management
framework of the organizations of the intelligence community,
including the Central Intelligence Agency, provide the
optimal structure for the accomplishment of their missions.
(5) Whether existing principles and strategies governing
the acquisition and maintenance of intelligence collection
capabilities should be retained and what collection
capabilities should the Government retain to meet future
contingencies.
(6) Whether intelligence analysis, as it is currently
structured and executed, adds sufficient value to information
otherwise available to the Government to justify its
continuation, and, if so, at what level of resources.
(7) Whether the existing decentralized system of
intelligence analysis results in significant waste or
duplication, and, if so, what can be done to correct these
deficiencies.
(8) Whether the existing arrangements for allocating
available resources to accomplish the roles and missions
assigned to intelligence agencies are adequate.
(9) Whether the existing framework for coordinating among
intelligence agencies with respect to intelligence collection
and analysis and other activities, including training and
operational activities, provides an optimal structure for
such coordination.
(10) Whether current personnel policies and practices of
intelligence agencies provide an optimal work force to
satisfy the needs of intelligence consumers.
(11) Whether resources for intelligence activities should
continue to be allocated as part of the defense budget or be
treated by the President and Congress as a separate budgetary
program.
(12) Whether the existing levels of resources allocated for
intelligence collection or intelligence analysis, or to
provide a capability to conduct covert actions, are seriously
at variance with United States needs.
(13) Whether there are areas of redundant or overlapping
activity or areas where there is evidence of serious waste,
duplication, or mismanagement.
(14) To what extent, if any, should the budget for United
States intelligence activities be publicly disclosed.
(15) To what extent, if any, should the United States
intelligence community collect information bearing upon
private commercial activity and the manner in which such
information should be controlled and disseminated.
(16) Whether counterintelligence policies and practices are
adequate to ensure that employees of intelligence agencies
are sensitive to security problems, and whether intelligence
agencies themselves have adequate authority and capability to
address perceived security problems.
(17) The manner in which the size, missions, capabilities,
and resources of the United States intelligence community
compare to those of other countries.
(18) Whether existing collaborative arrangements between
the United States and other countries in the area of
intelligence cooperation should be maintained and whether
such arrangements should be expanded to provide for increased
burdensharing.
(19) Whether existing arrangements for sharing intelligence
with multinational organizations in support of mutually
shared objectives are adequate.
SEC. 904. REPORTS.
(a) Initial Report.--Not later than two months after the
first meeting of the Commission, the Commission shall
transmit to the congressional intelligence committees a
report setting forth its plan for the work of the Commission.
(b) Interim Reports.--Prior to the submission of the report
required by subsection (c), the Commission may issue such
interim reports as it finds necessary and desirable.
(c) Final Report.--No later than March 1, 1996, the
Commission shall submit to the President and to the
congressional intelligence committees a report setting forth
the activities, findings, and recommendations of the
Commission, including any recommendations for the enactment
of legislation that the Commission considers advisable. To
the extent feasible, such report shall be unclassified and
made available to the public. Such report shall be
supplemented as necessary by a classified report or annex,
which shall be provided separately to the President and the
congressional intelligence committees.
SEC. 905. POWERS.
(a) Hearings.--The Commission or, at its direction, any
panel or member of the Com-
[[Page 2258]]
mission, may, for the purpose of carrying out the provisions
of this title, hold hearings, sit and act at times and
places, take testimony, receive evidence, and administer
oaths to the extent that the Commission or any panel or
member considers advisable.
(b) Information From Federal Agencies.--The Commission may
secure directly from any intelligence agency or from any
other Federal department or agency any information that the
Commission considers necessary to enable the Commission to
carry out its responsibilities under this section. Upon
request of the Chairman of the Commission, the head of any
such department or agency shall furnish such information
expeditiously to the Commission.
(c) Postal, Printing and Binding Services.--The Commission
may use the United States mails and obtain printing and
binding services in the same manner and under the same
conditions as other departments and agencies of the Federal
Government.
(d) Subcommittees.--The Commission may establish panels
composed of less than the full membership of the Commission
for the purpose of carrying out the Commission's duties. The
actions of each such panel shall be subject to the review and
control of the Commission. Any findings and determinations
made by such a panel shall not be considered the findings and
determinations of the Commission unless approved by the
Commission.
(e) Authority of Individuals To Act for Commission.--Any
member or agent of the Commission may, if authorized by the
Commission, take any action which the Commission is
authorized to take under this title.
SEC. 906. PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission
who is a private United States citizen shall be paid, if
requested, at a rate equal to the daily equivalent of the
annual rate of basic pay payable for level V of the Executive
Schedule under section 5316 of title 5, United States Code,
for each day (including travel time) during which the member
is engaged in the performance of the duties of the
Commission. All members of the Commission who are Members of
Congress shall serve without compensation in addition to that
received for their services as Members of Congress.
(b) Travel Expenses.--Each member of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(c) Staff.--
(1) In general.--The Chairman of the Commission may,
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service,
appoint a staff director and such additional personnel as may
be necessary to enable the Commission to perform its duties.
The staff director of the Commission shall be appointed from
private life, and such appointment shall be subject to the
approval of the Commission as a whole. No member of the
professional staff may be a current officer or employee of an
intelligence agency, except that up to three current
employees of intelligence agencies who are on rotational
assignment to the Executive Office of the President may serve
on the Commission staff, subject to the approval of the
Commission as a whole.
(2) Compensation.--The Chairman of the Commission may fix
the pay of the staff director and other personnel without
regard to the provisions of chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay fixed under this paragraph for
the staff director may not exceed the rate payable for level
V of the Executive Schedule under section 5316 of such title
and the rate of pay for other personnel may not exceed the
maximum rate payable for grade GS-15 of the General Schedule.
(d) Detail of Government Employees.--Upon request of the
Chairman of the Commission, the head of any Federal
department or agency may detail, on a nonreimbursable basis,
any personnel of that department or agency to the Commission
to assist it in carrying out its administrative and clerical
functions.
(e) Procurement of Temporary and Intermittent Services.--
The Chairman of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals which do not
exceed the daily equivalent of the annual rate of basic pay
payable for level V of the Executive Schedule under section
5316 of such title.
(f) Administrative and Support Services.--The Director of
Central Intelligence shall furnish the Commission, on a non-
reimbursable basis, any administrative and support services
requested by the Commission consistent with this title.
SEC. 907. PAYMENT OF COMMISSION EXPENSES.
The compensation, travel expenses, per diem allowances of
members and employees of the Commission, and other expenses
of the Commission shall be paid out of funds available to the
Director of Central Intelligence for the payment of
compensation, travel allowances, and per diem allowances,
respectively, of employees of the Central Intelligence
Agency.
SEC. 908. TERMINATION OF THE COMMISSION.
The Commission shall terminate one month after the date of
the submission of the report required by section 904(c).
SEC. 909. DEFINITIONS.
For purposes of this title--
(1) the term ``intelligence agency'' means any agency,
office, or element of the intelligence community;
(2) the term ``intelligence community'' shall have the same
meaning as set forth in section 3(4) of the National Security
Act of 1947 (50 U.S.C. 401a(4)); and
(3) the term ``congressional intelligence committees''
refers to the Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the
House of Representatives.
And the Senate agree to the same.
From the Permanent Select Committee on Intelligence, for
consideration of the House bill, and the Senate amendment,
and modifications committed to conference:
Dan Glickman,
Bill Richardson,
Norman D. Dicks,
Julian C. Dixon,
Robert Torricelli,
Ronald Coleman,
David E. Skaggs,
James H. Bilbray,
Nancy Pelosi,
Greg Laughlin,
Bud Cramer,
Jack Reed,
Larry Combest,
Doug Bereuter,
Robert K. Dornan,
Bill Young,
George W. Gekas,
James V. Hansen,
Jerry Lewis.
As additional conferees from the Committee on Banking,
Finance and Urban Affairs, for consideration of sections 601
and 704 of the Senate amendment, and modifications committed
to conference:
Henry Gonzalez,
Joe Kennedy,
Larry LaRocco,
Al McCandless,
Michael N. Castle.
As additional conferees from the Committee on Government
Operations, for consideration of section 601 of the House
bill, and modifications committed to conference:
John Conyers, Jr.,
Edolphus Towns,
Bill Clinger.
As additional conferees from the Committee on the Judiciary,
for consideration of sections 802-804 of the House bill and
sections 601, 703-707, and 709-712 of the Senate amendment,
and modifications committed to conference:
Henry Hyde,
Managers on the Part of the House.
Dennis DeConcini,
John Glenn,
Bob Kerrey,
Richard H. Bryan,
Bob Graham,
John F. Kerry,
Max Baucus,
J. Bennett Johnston,
John Warner,
Alfonse D'Amato,
John C. Danforth,
John H. Chafee,
Ted Stevens,
Richard G. Lugar,
Malcolm Wallop,
From the Committee on Armed Services:
Sam Nunn,
Strom Thurmond,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
By unanimous consent, the previous question was ordered on the
conference report to its adoption or rejection and, under the operation
thereof, the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 117.13 permission to file report
On motion of Mr. LAUGHLIN, by unanimous consent, the Committee on
Public Works and Transportation was granted permission until 6 p.m.
today to file a report (Rept. No. 103-770) on the bill (H.R. 4460) to
provide for conservation and development of water and related resources,
to authorize the Secretary of the Army to construct various projects for
improvements to rivers and harbors of the United States, and for other
purposes.
Para. 117.14 national breast cancer awareness month
On motion of Ms. BYRNE, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the joint resolution of the Senate (S.J. Res. 185) to designate October
1994 as ``National Breast Cancer Awareness Month''.
When said joint resolution was considered, read twice, ordered to be
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said joint resolution was
[[Page 2259]]
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 117.15 the year of gospel music
On motion of Ms. BYRNE, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the joint resolution of the Senate (S.J. Res. 157) to designate 1994 as
``The Year of Gospel Music''.
When said joint resolution was considered, read twice, ordered to be
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 117.16 year of the grandparent
On motion of Ms. BYRNE, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the joint resolution of the Senate (S.J. Res. 198) designating 1995 as
the ``Year of the Grandparent''.
When said joint resolution was considered, read twice, ordered to be
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 117.17 world population awareness day
On motion of Ms. BYRNE, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the joint resolution of the Senate (S.J. Res. 135) designating the week
beginning October 25, 1993, as ``World Population Awareness Day''.
When said joint resolution was considered and read twice.
Ms. BYRNE submitted the following amendment which was agreed to:
Page 2, line 3, strike ``October 25, 1993'' and insert
``October 23, 1994''.
Ms. BYRNE submitted the following amendment to the preamble, which was
agreed to:
In the last whereas clause of the preamble--
(1) strike ``preparations are underway for''; and
(2) strike ``focusing'' and insert ``will focus''.
The joint resolution, as amended, was ordered to be read a third time,
was read a third time by title, and passed.
By unanimous consent, the title was amended so as to read: ``Joint
Resolution designating the week beginning October 23, 1994, as `World
Population Awareness Week'.''.
A motion to reconsider the votes whereby said joint resolution, as
amended, was passed and the preamble and the title were amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendments.
Para. 117.18 national good teen day
On motion of Ms. BYRNE, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the joint resolution (H.J. Res. 326) designating January 16, 1995, as
``National Good Teen Day''.
When said joint resolution was considered, read twice, ordered to be
engrossed and read a third time, was read a third time by title, and
passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
Para. 117.19 irish-american heritage month
On motion of Ms. BYRNE, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the joint resolution (H.J. Res. 401) designating the months of March
1995 and March 1996 as ``Irish-American Heritage Month''.
When said joint resolution was considered, read twice, ordered to be
engrossed and read a third time, was read a third time by title, and
passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
Para. 117.20 national children's day
On motion of Ms. BYRNE, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the joint resolution (H.J. Res. 389) to designate the second Sunday in
October of 1994 as ``National Children's Day''.
When said joint resolution was considered, read twice, ordered to be
engrossed and read a third time, was read a third time by title, and
passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
Para. 117.21 parents' day
On motion of Ms. BYRNE, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the joint resolution (H.J. Res. 398) to establish the fourth Sunday of
July as ``Parents' Day''.
When said joint resolution was considered, read twice, ordered to be
engrossed and read a third time, was read a third time by title, and
passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
Para. 117.22 national penny charity week
On motion of Ms. BYRNE, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the joint resolution (H.J. Res. 415) designating the week beginning
October 16, 1994, as ``National Penny Charity Week''.
When said joint resolution was considered, read twice, ordered to be
engrossed and read a third time, was read a third time by title, and
passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
Para. 117.23 adjournment over
On motion of Ms. BYRNE, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at
10:30 a.m. on Monday, October 3, 1994.
Para. 117.24 calendar wednesday business dispensed with
On motion of Ms. BYRNE, by unanimous consent,
Ordered, That business in order for consideration on Wednesday,
October 5, 1994, under clause 7, rule XXIV, the Calendar Wednesday rule,
be dispensed with.
Para. 117.25 recess for joint meeting
On motion of Ms. BYRNE, by unanimous consent,
Ordered, That it may be in order at any time on Thursday, October 6,
1994, for the Speaker to declare a recess, subject to the call of the
Chair, for the purpose of receiving in joint meeting Mr. Nelson Mandela,
President of the Republic of South Africa.
Para. 117.26 designation of speaker pro tempore to sign enrollments
The SPEAKER pro tempore, Mr. WATT, laid before the House a
communication, which was read as follows:
Washington, DC,
September 30, 1994.
I hereby designate the Honorable Steny H. Hoyer to act as
Speaker pro tempore to sign enrolled bills and joint
resolutions through October 3, 1994.
Thomas S. Foley,
Speaker of the House of Representatives.
By unanimous consent, the designation was accepted.
Para. 117.27 message from the president--national emergency with respect
to proliferation of nuclear, chemical, and biological weapons
The SPEAKER pro tempore, Mr. WATT, laid before the House a message
[[Page 2260]]
from the President, which was read as follows:
To the Congress of the United States:
Pursuant to section 204(b) of the International Emergency Economic
Powers Act (50 U.S.C. 1703(b)) and section 301 of the National
Emergencies Act (50 U.S.C. 1631), I hereby report to the Congress that I
have exercised my statutory authority to declare a national emergency
and to issue an Executive order, which authorizes and directs the
Secretary of Commerce, in consultation with the Secretary of State, to
take such actions, including the promulgation of rules, regulations, and
amendments thereto, and to employ such powers granted to the President
by, the International Emergency Economic Powers Act, as may be necessary
to continue to regulate the activities of United States persons in order
to prevent their participation in activities, which could contribute to
the proliferation of nuclear, chemical, and biological weapons, and the
means of their delivery.
These actions are necessary in view of the danger posed to the
national security, foreign policy, and economy of the United States by
the continued proliferation of nuclear, biological, and chemical
weapons, and of the means of delivering such weapons, and in view of the
need for more effective controls on activities sustaining such
proliferation. In the absence of these actions, the participation of
United States persons in activities contrary to U.S. nonproliferation
objectives and policies, and which may not be adequately controlled,
could take place without effective control, posing an unusual and
extraordinary threat to the national security, foreign policy, and
economy of the United States.
The countries and regions affected by this action would include those
currently identified in Supplements to Part 778 of Title 15 of the Code
of Federal Regulations, concerning nonproliferation controls, as well as
such other countries as may be of concern from time to time due to their
involvement in the proliferation of weapons of mass destruction, or due
to the risk of their being points of diversion to proliferation
activities.
It is my intention to review the appropriateness of proposing
legislation to provide standing authority for these controls, and
thereafter to terminate the Executive order.
William J. Clinton.
The White House, September 29, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Foreign Affairs and ordered to
be printed (H. Doc. 103-319).
Para. 117.28 message from the president--national emergency with respect
to haiti
The SPEAKER pro tempore, Mr. WATT, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d))
provides for the automatic termination of a national emergency unless,
prior to the anniversary date of its declaration, the President
publishes in the Federal Register and transmits to the Congress a notice
stating that the emergency is to continue in effect beyond the
anniversary date. In accordance with this provision, I have sent the
enclosed notice, stating that the Haitian emergency is to continue in
effect beyond October 4, 1994, to the Federal Register for publication.
Resolution of the crisis between the United States and Haiti is in
sight as a result of the September 18 agreement reached in Port-au-
Prince by the delegation led by former President Carter. Pursuant to
that agreement I have announced that all unilateral United States
sanctions against Haiti will be suspended with the exception of the
blocking of the assets of any persons subject to the blocking provisions
of Executive Orders Nos. 12775, 12779, 12853, 12872, or 12914 and
Haitian citizens who are members of the immediate family of any such
person as identified by the Secretary of the Treasury.
At the same time, the United Nations Security Council, with our
support, has decided that the sanctions established in Resolutions 841
and 917 should remain in force, consistent with the provisions of
Resolutions 917 and 940, until the military leaders in Haiti relinquish
power and President Aristide returns to Haiti. That may well not occur
before October 4, 1994. Therefore, I have determined that it is
necessary to retain the authority to apply economic sanctions to ensure
the restoration and security of the democratically elected Government of
Haiti.
While the UN Security Council sanctions remain in force and in order
to enable the multinational forces to carry out their mission and to
promote the betterment of the Haitian people in the interval until
President Aristide's return, I have directed that steps be taken in
accordance with Resolutions 917 and 940 to permit supplies and services
to flow to Haiti to restore health care, water and electrical services,
to provide construction materials for humanitarian programs, and to
allow the shipment of communications, agricultural, and educational
materials. This will allow the Haitian people to begin the process of
reconciliation and rebuilding without delay.
William J. Clinton.
The White House, September 30, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Foreign Affairs and ordered to
be printed (H. Doc. 103-320).
Para. 117.29 public works projects
The SPEAKER pro tempore, Mr. WATT, laid before the House a
communication, which was read as follows:
Committee on Public Works
and Transportation,
Washington, DC, September 28, 1994.
Hon. Thomas S. Foley,
The Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the provisions of the Public
Buildings Act of 1959, I am transmitting herewith the
resolutions (originals plus one copy) approved today by the
Committee on Public Works and Transportation.
Sincerely yours,
Norman Y. Mineta,
Chairman.
The communication, together with the accompanying papers, was referred
to the Committee on Appropriations.
Para. 117.30 further message from the senate
A further message from the Senate by Mr. Hallen, one of its clerks,
announced that the Senate agreed to the report of the committee of
conference on the disagreeing votes of the two Houses on the amendments
of the Senate of the bill (H.R. 4649) ``An Act making appropriations for
the government of the District of Columbia and other activities
chargeable in whole or in part against the revenues of said District for
the fiscal year ending September 30, 1995, and for other purposes.''.
The message also announced that the Senate agreed to the amendments of
the House to the amendments of the Senate numbered 3, 6, 12, 15, 18, 20,
21, and 23, to the above entitled bill.
Para. 117.31 enrolled bills signed
Mr. ROSE, from the Committee on House Administration, reported that
that committee had examined and found truly enrolled bills of the House
of the following titles, which were thereupon signed by the Speaker:
H.R. 995. An Act, to amend title 38, United States Code, to
improve reemployment rights and benefits of veterans and
other benefits of employment of certain members of the
uniformed services, and for other purposes.
H.R. 4556. An Act making appropriations for the Department
of Transportation and related agencies for the fiscal year
ending September 30, 1995, and for other purposes.
H.R. 4649. An Act making appropriations for the government
of the District of Columbia and other activities chargeable
in whole or in part against the revenues of said District for
the fiscal year ending September 30, 1995, and for other
purposes.
Para. 117.32 senate enrolled bill signed
The SPEAKER announced his signature to an enrolled bill of the Senate
of the following title:
S. 1587. An Act to revise and streamline the acquisition
laws of the Federal Government, and for other purposes.
Para. 117.33 bills presented to the president
Mr. ROSE, from the Committee on House Administration, reported that
that committee did on the following date present to the President, for
his approval, bills of the House of the following titles:
On September 29, 1994:
H.R. 4606. An Act making appropriations for the Department
of Labor, Health and
[[Page 2261]]
Human Services, and Education, and related agencies, for the
fiscal year ending September 30, 1995, and for other
purposes.
H.R. 4554. An Act making appropriations for Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies programs for the fiscal year ending September 30,
1995, and for other purposes.
H.R. 4569. An Act to extend and make amendments to the
President John F. Kennedy Assassination Records Collection
Act of 1992.
H.R. 4191. An Act to designate the United States Post
Office building located at 9630 Estate Thomas in Saint
Thomas, Virgin Islands, as the ``Aubrey C. Ottley Post
Office.''
H.R. 4177. An Act to designate the United States Post
Office building located at 1601 Highway 35 in Middletown, New
Jersey, as the ``Candace White Post Office.''
H.R. 3839. An Act to designate the United States Post
Office building located at 220 South 40th Avenue in
Hattiesburg, Mississippi, as the ``Roy M. Wheat Post
Office.''
And then,
Para. 117.34 adjournment
On motion of Mr. DORNAN, pursuant to the special order heretofore
agreed to, at 5 o'clock and 24 minutes p.m., the House adjourned until
10:30 a.m. on Monday, October 3, 1994.
Para. 117.35 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. MINETA: Committee on Public Works and Transportation.
H.R. 4394. A bill to provide for the establishment of
mandatory State-operated comprehensive one-call systems to
protect natural gas and hazardous liquid pipelines and all
other underground facilities from being damaged by any
excavations, and for other purposes; with amendments (Rept.
No. 103-765, Pt. 2). Referred to the Committee on the Whole
House on the State of the Union.
Mr. MINETA: Committee on Public Works and Transportation
H.R. 4704. A bill to provide for conveyance of certain lands
and improvements in Hopewell Township, PA, to a nonprofit
organization known as the ``Beaver County Corporation for
Economic Development'' to provide a site for economic
development; with an amendment (Rept. No. 103-768). Referred
to the Committee of the Whole House on the State of the
Union.
Mr. CLAY: Committee on Post Office and Civil Service. H.R.
2970. A bill to reauthorize the Office of Special Counsel,
and for other purposes; with an amendment (Rept. No. 103-
769). Referred to the Committee of the Whole House on the
State of the Union.
Mr. MINETA: Committee on Public Works and Transportation
H.R. 4460. A bill to provide for conservation and development
of water and related resources, to authorize the Secretary of
the Army to construct various projects for improvements to
rivers and harbors of the United States, and for other
purposes; with an amendment (Rept. No. 103-770). Referred to
the Committee of the Whole House on the State of the Union.
Para. 117.36 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. CLAY:
H.R. 5139. A bill to amend title 39, United States Code, to
provide for procedures under which persons involuntarily
separated by the U.S. Postal Service as a result of having
been improperly arrested by the Postal Inspection Service on
narcotics charges may seek reemployment; to the Committee on
Post Office and Civil Service.
By Mr. SKELTON (for himself, Mr. Dellums, Mr. Kyl, Mrs.
Schroeder, Ms. Harman, Mrs. Lloyd, Mrs. Fowler, Ms.
Furse, Mr. Pickett, Mr. Lancaster, Mr. Ravenel, Mr.
Farr, Mr. Buyer, and Mr. Underwood):
H.R. 5140. A bill to provide for improved procedures for
the enforcement of child support obligations of members of
the Armed Forces; to the Committee on Armed Services.
By Mr. WAXMAN (for himself, Mr. Dingell, Mr. Greenwood,
Mr. Studds, Mr. Sharp, Mr. Markey, Mr. Swift, Mrs.
Collins of Illinois, Mr. Synar, Mr. Wyden, Mr.
Richardson, Mr. Bryant, Mr. Manton, Mr. Towns, Mr.
Kreidler, Ms. DeLauro, Mr. Dixon, Mr. Frank of
Massachusetts, Mr. Gutierrez, Mr. Kleczka, Mrs.
Maloney, Mr. Meehan, Mrs. Morella, Mr. Nadler, Mr.
Olver, Mr. Pastor, Ms. Pelosi, Mr. Rangel, Mr.
Serrano, and Ms. Velazquez):
H.R. 5141. A bill to reauthorize the Ryan White CARE Act of
1990, and for other purposes; to the Committee on Energy and
Commerce.
By Mr. ANDREWS of New Jersey:
H.R. 5142. A bill to amend the Agricultural Trade Act of
1978 to establish a condition on the provision of assistance
under the export enhancement program for the export of durum
wheat; to the Committee on Agriculture.
By Mr. BEREUTER:
H.R. 5143. A bill to amend the Fair Credit Reporting Act to
provide for disclosures by consumer reporting agencies to the
Federal Bureau of Investigation for counterintelligence
purposes; to the Committee on Banking, Finance and Urban
Affairs.
By Mr. EDWARDS of Texas (for himself, Mr. Bonilla, Mr.
Stenholm, Mr. Fields of Texas, Mr. Pete Geren of
Texas, Mr. Sam Johnson, Mr. Sarpalius, Mr. Armey, Mr.
Laughlin, Mr. Roberts, Mr. Frost, Mr. Skeen, Mr.
Tejeda, Mr. Young of Alaska, Mr. Brewster, Mr. Pombo,
Mr. Condit, Mr. Bliley, Mr. Herger, Mr. Callahan, Mr.
Calvert, Mr. Collins of Georgia, Mr. Dickey, Mr.
Doolittle, Ms. Dunn, Mr. Everett, Mr. Hunter, Mr.
Hutchinson, Mr. Istook, Mr. Lewis of Kentucky, Mr.
Linder, Mr. Lucas, Ms. Molinari, Mr. Rogers, Mr.
Royce, Mr. Stump, and Mr. Huffington):
H.R. 5144. A bill to amend the Endangered Species Act of
1973 to provide that no species may be determined to be an
endangered species or threatened species, and no critical
habitat may be designated, until that act is reauthorized; to
the Committee on Merchant Marine and Fisheries.
By Mr. GOODLING (for himself, Mr. Fawell, Mr.
Ballenger, Mr. Boehner, Mr. Hoekstra, and Mr.
McKeon);
H.R. 5145. A bill to amend section 1977A of the Revised
Statutes of the United States to repeal the authority to
award punitive damages for violations of title VII of the
Civil Rights Act of 1964 and the Americans With Disabilities
Act of 1990, for the purposes of equalizing damages between
the Congress and the private sector under these laws;
jointly, to the Committees on the Judiciary and Education and
Labor.
By Mr. HEFLEY:
H.R. 5146, A bill to amend the Occupational Safety and
Health Act of 1970; to the Committee on Education and Labor.
By Mr. HINCHEY:
H.R. 5147. A bill to amend title XIX of the Social Security
Act to lower the maximum Federal medical assistance
percentage that may be applied with respect to any State
under the Medicaid Program and to increase such percentage
with respect to all States under such program; to the
Committee on Energy and Commerce.
By Mr. INSLEE:
H.R. 5148. A bill to authorize certain elements of the
Yakima River Basin Water Enhancement Project, and for other
purposes; to the Committee on Natural Resources.
By Mr. KLEIN:
H.R. 5149. A bill to amend the Community Reinvestment Act
of 1977 to enhance the flow of investment capital for low-
and moderate-income housing in low- and moderate-income
neighborhoods; to the Committee on Banking, Finance and Urban
Affairs.
By Mr. LEHMAN:
H.R. 5150. A bill to amend the Federal Water Pollution
Control Act concerning the eligibility of officers and
employers of State, county, and municipal governments to
serve as members of State boards that issue permits for
discharges into the navigable waters; to the Committee on
Public Works and Transportation.
By Mr. PASTOR:
H.R. 5151. A bill to amend the Fair Labor Standards Act of
1938 to provide for an exemption from the overtime provisions
for professional employees of contractors or subcontractors
of the Resolution Trust Corporation who are paid on a hourly
basis; to the Committee on Education and Labor.
By Mr. REED:
H.R. 5152. A bill to require States to report certain
information to the Federal Bureau of Investigation for
certain crimes; to the Committee on the Judiciary.
By Mr. STARK:
H.R. 5153. A bill to amend title VIII of the Social
Security Act to provide for an open enrollment period under
part B of the Medicare Program for individuals formerly
covered as retirees under group health plans of local
educational agencies; jointly, to the Committees on Ways and
Means and Energy and Commerce.
By Mr. MINGE:
H.R. 5154. A bill to amend the Agricultural Act of 1949 to
temporarily suspend operation of the precondition on the
provision of extended price support loans for corn under the
farmer owned reserve program; to the Committee on
Agriculture.
By Mr. HASTERT (for himself and Mr. Hall of Ohio):
H.J. Res. 419. Joint resolution designating the week
beginning October 23, 1994, as ``Center City Church Week'';
to the Committee on Post Office and Civil Service.
By Ms. LOWEY:
H.J. Res. 420. Joint resolution to approve the location of
a Thomas Paine Memorial; to the Committee on Natural
Resources.
By Mr. MURPHY:
H.J. Res. 421. Joint resolution designating the week of
November 6, 1994 through November 12, 1994, ``National Health
Information Management Week''; to the Committee on Post
Office and Civil Service.
By Mr. SCHUMER:
H.J. Res. 422. Joint resolution designating December 1994
as ``Goods for Guns Month''; to the Committee on Post Office
and Civil Service.
By Mr. YOUNG of Alaska:
H. Con. Res. 300. Concurrent resolution expressing the
sense of the Congress regarding the commonwealth option
presented in the Puerto Rican plebiscite of November 14,
1993; to the Committee on Natural Resources.
[[Page 2262]]
By Mr. ORTON:
H. Con. Res. 301. Concurrent resolution expressing the
sense of the Congress regarding entitlements; to the
Committee on Government Operations.
By Mr. ANDREWS of New Jersey (for himself and Mr.
Gilman):
H. Con. Res. 302. Concurrent resolution urging the
President to promote political stability in Tajikistan
through efforts to encourage political resolution of the
conflict and respect for human rights and through the
provision of humanitarian assistance and, subject to certain
conditions, economic assistance; to the Committee on Foreign
Affairs.
By Mr. KENNEDY (for himself, Mr. Borski, Mr. Conyers,
Mr. Coyne, Mr. Dellums, Mr. Engel, Mr. Evans, Mr.
Frank of Massachusetts, Mr. Hoke, Mr. Hughes, Mr.
Jefferson, Mr. King, Mr. Kopetski, Ms. Lowey, Mr.
McDade, Ms. McKinney, Mr. Manton, Mr. Markey, Mr.
Meehan, Mr. Miller of California, Ms. Molinari, Mr.
Moran, Mr. Owens, Mr. Pallone, Mr. Poshard, Mr.
Quinn, Mr. Sangmeister, Mr. Schumer, Mr. Serrano, Mr.
Shays, Mr. Torkildsen, Mr. Towns, and Ms. Velazquez):
H. Con. Res. 303. Concurrent resolution concerning
commencement of all-party talks to seek a peaceful resolution
to the conflict in Northern Ireland; to the Committee on
Foreign Affairs.
By Mr. MILLER of California (for himself, Mr. Martinez,
Mr. Schumer, Mr. Stearns, and Mr. Washington):
H. Res. 557. Resolution commending the Police Athletic
League; to the Committee on Education and Labor.
Para. 117.37 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 162: Mr. Coyne, Mr. Jacobs, Mr. Cooper, Mr.
Hochbrueckner, Mr. Minge, Ms. Long, Mr. Lipinski, Mr. Regula,
Mr. Coppersmith, Mr. Yates, and Mr. Inhofe.
H.R. 2305: Mr. Kyl.
H.R. 2420: Mr. Montgomery and Mr. Nadler.
H.R. 2488: Mr. Wyden.
H.R. 2727: Mr. Rangel.
H.R. 3039: Ms. Dunn and Mr. Fawell.
H.R. 3270: Mr. Mann.
H.R. 3705: Mr. Cooper.
H.R. 3862: Mr. Jacobs.
H.R. 4040: Mr. Thompson and Ms. English of Arizona.
H.R. 4056: Mr. Skeen and Mr. Neal of Massachusetts.
H.R. 4091: Mr. Schumer.
H.R. 4142: Mr. Torkildsen and Mr. Kim.
H.R. 4394: Ms. Furse.
H.R. 4514: Mr. Montgomery.
H.R. 4517: Mr. Owens.
H.R. 4527: Mr. Carr.
H.R. 4699: Mr. Nadler.
H.R. 4758: Mr. Zimmer and Mr. Weldon.
H.R. 4789: Mrs. Mink of Hawaii and Mr. Sharp.
H.R. 4839: Mr. Schumer and Mr. Evans.
H.R. 4936: Mr. Burton of Indiana and Mr. Lewis of Georgia.
H.R. 4938: Mr. Frost.
H.R. 4957: Mr. Filner.
H.R. 5005: Mr. Richardson, Mr. Stark, and Mr. Klein.
H.R. 5062: Mr. Sarpalius, Mr. Smith of Iowa, Mr. Callahan,
Mr. Calvert, Ms. Kaptur, Mr. Neal of North Carolina, Mr.
Lipinski, Mr. Bunning, Mr. Orton, Mr. Lucas, Ms. Roybal-
Allard, Mr. Quinn, Mr. Bliley, Mr. Houghton, Mr. Barrett of
Nebraska, Mr. Smith of Michigan, Mr. Livingston, Mr. Bartlett
of Maryland, and Mr. Levy.
H.R. 5089: Mr. Frost.
H.J. Res. 385: Mr. Vento, Mr. Manton, Mr. Levy, Mr. Fawell,
and Mr. Evans.
H.J. Res. 389: Ms. Shepherd, Mr. Gephardt, and Mr. Durbin.
H.J. Res. 398: Mr. Visclosky, Mr. Wise, and Mr. Zeliff.
H.J. Res. 401: Mr. Chapman, Mr. Pete Geren of Texas, Mr.
Hoyer, Ms. Molinari, Ms. Pelosi, Mr. Rahall, Mr. Tucker, and
Mr. Watt.
H.J. Res. 403: Ms. Lowey, Mrs. Clayton, Ms. Slaughter, and
Mr. Bliley.
H.J. Res. 405: Mr. Baker of California, Mr. Skelton, Ms.
Danner, Mr. Grandy, Mr. Talent, Mr. Wheat, Mr. Gunderson, Ms.
Eddie Bernice Johnson of Texas, Mr. Stenholm, Mr. Frost, Mr.
Smith of Oregon, Mr. Edwards of Texas, Mr. Pickle, and Mr.
Condit.
H.J. Res. 411: Mr. Coble, Mr. Klein, Mr. Murtha, Mr.
Schiff, Mr. McDade, Ms. Dunn, Mr. Oberstar, Mr. Poshard, Mr.
Bryant, Mr. Montgomery, Mr. Swett, Mr. Saxton, Ms. Pelosi,
Mr. Lewis of California, Mr. King, Mr. Boucher, Mr. Lazio,
Mr. Sisisky, Mr. Condit, Mr. McHugh, Mr. Bliley, Mr. Gordon,
Ms. Pryce of Ohio, Mr. Jacobs, Mr. Sabo, Mr. Berman, Mr.
Gallegly, Mr. Meehan, Mrs. Fowler, Mr. Bilbray, Mr. de la
Garza, Mr. Owens, Ms. Brown of Florida, Mr. Quinn, Mr. Pete
Geren of Texas, Mr. Filner, Mr. Matsui, Mr. Lewis of Georgia,
Ms. Slaughter, and Mrs. Lloyd.
H.J. Res. 415: Mr. Abercrombie, Mr. Armey, Mr. Baker of
California, Mr. Barrett of Nebraska, Mr. Bateman, Mr.
Bereuter, Mr. Bevill, Mr. Bilirakis, Mr. Bliley, Mr.
Boehlert, Mr. Boehner, Mr. Bonilla, Mr. Brewster, Mr. Brooks,
Mr. Bunning, Mr. Burton of Indiana, Mr. Buyer, Mr. Calvert,
Mr. Callahan, Mr. Camp, Mr. Castle, Mr. Chapman, Mr. Clement,
Mr. Clinger, Mr. Coble, Ms. Collins of Michigan, Mrs. Collins
of Illinois, Mr. Collins of Georgia, Mr. Cooper, Mr. Cox, Mr.
Coyne, Mr. Crapo, Mr. Cunningham, Mr. Deal, Mr. DeLay, Mr.
Dellums, Mr. Derrick, Mr. Diaz-Balart, Mr. Dicks, Mr.
Doolittle, Mr. Dornan, Mr. Dreier, Mr. Duncan, Ms. Dunn, Mr.
Durbin, Mr. Edwards of California, Mr. Ehlers, Mr. Emerson,
Mr. Engel, Ms. Eshoo, Mr. Everett, Mr. Ewing, Mr. Fawell, Mr.
Fazio, Mrs. Fowler, Mr. Frost, Mr. Gallegly, Mr. Gekas, Mr.
Pete Geren of Texas, Mr. Gibbons, Mr. Gilchrest, Mr. Gilman,
Mr. Gonzalez, Mr. Goodlatte, Mr. Goodling, Mr. Grandy, Mr.
Greenwood, Mr. Gunderson, Mr. Hall of Texas, Mr. Hall of
Ohio, Mr. Hancock, Mr. Hansen, Mr. Hastert, Mr. Hastings, Mr.
Hefner, Mr. Herger, Mr. Hoagland, Mr. Hobson, Mr. Hoekstra,
Mr. Hoke, Mr. Horn, Mr. Houghton, Mr. Huffington, Mr. Hughes,
Mr. Hunter, Mr. Hutchinson, Mr. Istook, Mr. Jacobs, Mr.
Jefferson, Mr. Sam Johnson, Ms. Eddie Bernice Johnson of
Texas, Mr. Kasich, Mrs. Kennelly, Mr. Kildee, Mr. Kim, Mr.
King, Mr. Kleczka, Mr. Klug, Mr. Knollenberg, Mr. Kolbe, Mr.
Kyl, Mr. Lantos, Mr. Lazio, Mr. Leach, Mr. Levin, Mr. Levy,
Mr. Lewis of California, Mr. Lewis of Georgia, Mr. Lewis of
Kentucky, Mr. Lewis of Florida, Mr. Lightfoot, Mr.
Livingston, Mr. Lucas, Mr. McCandless, Mr. McCollum, Mr.
McCrery, Mr. McKeon, Mr. McMillan, Mr. Machtley, Mrs.
Maloney, Mr. Manzullo, Mr. Markey, Mr. Martinez, Mr.
Matsui, Mr. Mazzoli, Mrs. Meek of Florida, Mrs. Meyers of
Kansas, Mr. Michel, Mr. Miller of Florida, Mr. Miller of
California, Mrs. Mink of Hawaii, Ms. Molinari, Mr. Mollohan,
Mr. Montgomery, Mr. Moorhead, Mrs. Morella, Mr. Murphy, Mr.
Nadler, Mr. Neal of North Carolina, Mr. Nussle, Mr. Olver,
Mr. Orton, Mr. Oxley, Mr. Packard, Mr. Paxon, Ms. Pelosi, Mr.
Penny, Mr. Peterson of Florida, Mr. Petri, Mr. Pickle, Mr.
Pombo, Mr. Portman, Mr. Price of North Carolina, Mr. Quillen,
Mr. Quinn, Mr. Rahall, Mr. Ramstad, Mr. Regula, Mr. Ridge,
Mr. Roberts, Mr. Roemer, Mr. Rogers, Mr. Rohrabacher, Mr.
Romero-Barcelo, Mr. Rose, Mr. Roth, Mr. Rowland, Mr. Rush,
Mr. Sangmeister, Mr. Sawyer, Mr. Saxton, Mr. Schaefer, Mr.
Schiff, Mrs. Schroeder, Mr. Schumer, Mr. Scott, Mr. Serrano,
Mr. Shays, Ms. Shepherd, Mr. Skaggs, Mr. Skeen, Mr. Skelton,
Ms. Slaughter, Mr. Smith of New Jersey, Mr. Smith of Texas,
Mr. Smith of Iowa, Mr. Smith of Michigan, Mr. Smith of
Oregon, Ms. Snowe, Mr. Solomon, Mr. Spence, Mr. Stearns, Mr.
Stenholm, Mr. Studds, Mr. Stump, Mr. Swett, Mr. Swift, Mr.
Talent, Mr. Tauzin, Mr. Taylor of North Carolina, Mr. Taylor
of Mississippi, Mr. Thomas of California, Mr. Torkildsen, Mr.
Torres, Mr. Torricelli, Mr. Traficant, Mrs. Unsoeld, Mr.
Upton, Ms. Velazquez, Mr. Vento, Mrs. Vucanovich, Mr. Walker,
Mr. Walsh, Mr. Watt, Mr. Wilson, Mr. Wolf, Mr. Wyden, Mr.
Young of Florida, Mr. Young of Alaska, Mr. Zimmer, and Mr.
Fields of Texas.
H.J. Res. 418: Mr. Kleczka, Mr. King, Mr. McCollum, Mr.
Nadler, Mr. Hansen, Mr. Murphy, Mr. Hastings, Mr. Swift, Mr.
Thomas of California, Mr. Bereuter, Mr. Johnson of South
Dakota, Mr. Bunning, Mr. Rostenkowski, Mr. Crane, Mr. McHugh,
Mr. Shuster, Mr. Boehlert, Mr. Moorhead, Mr. Upton, Mr.
Bacchus of Florida, Mr. Clay, Mr. Ehlers, Mr. Dreier, Mr.
Fields of Texas, Mr. Machtley, Mr. Young of Alaska, Mr.
Chapman, Mr. Klug, Mr. Ford of Tennessee, Mr. Dicks, Ms.
Waters, Mr. Watt, Mr. Scott, Mr. Kennedy, Mr. Durbin, Mr.
Abercrombie, Mr. Gephardt, Mr. Moran, and Mr. Matsui.
H. Con. Res. 35: Mr. Visclosky, Mr. Bevill, Mr. Hamilton,
Mr. Sharp, and Mr. Carr.
H. Con. Res. 148: Mr. Hughes and Mr. Brewster.
H. Con. Res. 281: Mr. Zimmer and Mr. Klein.
H. Con. Res. 297: Mr. Taylor of North Carolina, Mr. Bachus
of Alabama, Mr. McCollum, Mr. Inglis of South Carolina, Mr.
Crane, Mr. Duncan, and Mr. Canady.
H. Res. 389: Mrs. Bentley.
H. Res. 432: Ms. Slaughter.
H. Res. 473: Mr. Chapman, Mr. Cooper, Mr. Filner, Mr.
Gunderson, Mr. Hughes, Mr. Miller of California, Mr. Moakley,
Mr. Serrano, Ms. Shepherd, and Mrs. Thurman.
H. Res. 525: Mr. Doolittle, Mr. Baker of California, Mr.
Pombo, Mr. Hunter, Mr. Livingston, Mr. Sensenbrenner, Mr.
Armey, and Mr. Weldon.
H. Res. 541: Mr. Pallone.
H. Res. 545: Mr. Goss, Mr. Inglis of South Carolina, Mr.
DeLay, Mr. Packard, Mr. Roberts, Mr. Canady, Mr. Goodlatte,
Mr. Baker of California, and Mr. Taylor of Mississippi.
.
MONDAY, OCTOBER 3, 1994 (118)
Para. 118.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
HASTINGS, at 10:30 a.m., who laid before the House the following
communication:
Washington, DC,
October 3, 1994.
I hereby designate the Honorable Alcee L. Hastings to act
as Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Whereupon, pursuant to the order of the House of Friday, February 11,
1994, and Friday, June 10, 1994, Members were recognized for ``morning
hour'' debates.
[[Page 2263]]
Para. 118.2 recess--10:36 a.m.
The SPEAKER pro tempore, Mr. HASTINGS, pursuant to clause 12 of rule
I, declared the House in recess at 10 o'clock and 36 minutes a.m., until
12 o'clock noon.
Para. 118.3 after recess--12:00 noon
The SPEAKER called the House to order.
Para. 118.4 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Friday, September 30, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 118.5 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3890. A letter from the Deputy Assistant Secretary,
Department of the Air Force, transmitting notice that the Air
Force plans to conduct a cost comparison of aircraft
maintenance at Altus Air Force Base, OK, pursuant to 10
U.S.C. 2304 note; to the Committee on Armed Services.
3891. A letter from the Acting Chief Executive Officer,
Resolution Trust Corporation and Executive Director, Thrift
Depositor Protection Oversight Board, transmitting the
semiannual report of unaudited financial statements pursuant
to section 21A(k)(5)(C) of the Federal Home Loan Bank Act; to
the Committee on Banking, Finance and Urban Affairs.
3892. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a copy of the
President's determination (94-53 that it is in the national
interest for the Export-Import Bank to extend a loan to the
People's Republic of China; to the Committee on Banking,
Finance and Urban Affairs.
3893. A letter from the Secretary of Health and Human
Services, transmitting her recommendations on performance
standards for the Job Opportunities and Basic Skills Training
[JOBS] Program, pursuant to Public Law 100-485; to the
Committee on Education and Labor.
3894. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a copy of the
Secretary's determination and justification to exercise the
authority granted him under section 451 of the Foreign
Assistance Act of 1961, as amended, authorizing the use in
fiscal year 1994 funds for assistance to establish and
sustain a Palestinian police force in the West Bank and Gaza
Strip, pursuant to 22 U.S.C. 2261(a)(2); to the Committee on
Foreign Affairs.
3895. A letter from the Assistant Secretary of Legislative
Affairs, Department of State, transmitting a determination of
the President the intent to exercise his authority under
section 614(a)(1) and section 226(b) of the FAA regarding the
Loan Guarantees to Israel Program for fiscal year 1995 and
the reduction of the amount, pursuant to 22 U.S.C. 2364(c)
and 22 U.S.C. 2186(b); to the Committee on Foreign Affairs.
3896. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a memorandum of
justification for the President's determination to authorize
issuance of loan guarantees to Israel in lieu of their
statutory deduction under the Loan Guarantees for Israel
Program, pursuant to 22 U.S.C. 2364(a)(2); to the Committee
on Foreign Affairs.
3897. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the Secretary's
report on the outstanding investment disputes of U.S.
persons, pursuant to Public Law 103-236, section 527(f); to
the Committee on Foreign Affairs.
3898. A letter from the Acting Director, Office of
Management and Budget, transmitting MOB estimate of the
amount of change in outlays or receipts, as the case may be,
in each fiscal year through fiscal year 1999 resulting from
passage of H.R. 3474, pursuant to Public Law 101-508, section
13101(a) (104 Stat. 1388-582); to the Committee on Government
Operations.
3899. A letter from the Acting Archivist of the United
States, National Archives, transmitting notification that the
Archivist has requested the Attorney General to initiate an
action to recover improperly alienated Federal records, the
War Department records from the immediate post-Civil War era,
pursuant to 44 U.S.C. 2905(a), 3106; to the Committee on
Government Operations.
3900. A letter from the Secretary of the Interior,
transmitting a draft of proposed legislation to approve the
location of a World War II memorial; to the Committee on
National Resources.
3901. A letter from the Attorney General, Department of
Justice, transmitting a report on the awarding of the Young
American Medals for Bravery and Service for the calendar year
1992, pursuant to 42 U.S.C. 1925; to the Committee on the
Judiciary.
3902. A letter from the Commissioner of Customs, U.S.
Customs Service, transmitting a copy of the Customs
reorganization plan report; to the Committee on Ways and
Means.
3903. A letter from the Chairman, U.S. International Trade
Commission, transmitting the ninth annual report on the
impact of the Caribbean Basin Economic Recovery Act on U.S.
industries and consumers, pursuant to 19 U.S.C. 2704; to the
Committee on Ways and Means.
3904. A letter from the Chairman, United States
International Trade Commission, transmitting the first annual
report on the impact of the Andean Trade Preference Act on
U.S. industries and consumers and on Andean drug crop
production, pursuant to 19 U.S.C. 3204; to the Committee on
Ways and Means.
3905. A letter from the Administrator, National Aeronautics
and Space Administration, transmitting NASA's triennial
report on the state of their knowledge of the Earth's upper
atmosphere; jointly, to the Committees on Science, Space, and
Technology and Energy and Commerce.
3906. A letter from the Secretary of Health and Human
Services, transmitting the annual report on Medicare for
fiscal year 1992, pursuant to 42 U.S.C. 139511(b); jointly,
to the Committees on Ways and Means and Energy and Commerce.
3907. A letter from the Comptroller General, General
Accounting Office, transmitting a report on issues affecting
the development of an information superhighway (GAO/RCED-94-
285); jointly, to the Committees on Energy and Commerce, the
Judiciary, and Government Operations.
Para. 118.6 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed without amendment bills of the House of the
following titles:
H.R. 3694. An Act to amend title 5, United States Code, to
permit the garnishment of an annuity under the Civil Service
Retirement System or the Federal Employees' Retirement
System, if necessary to satisfy a judgment against an
annuitant for physically, sexually, or emotionally abusing a
child; and
H.R. 4543. An Act to designate the United States courthouse
to be constructed at 907 Richland Street in Columbia, South
Carolina, as the ``Matthew J. Perry, Jr. United States
Courthouse.''
The message also announced that the Senate had passed with amendments
in which the concurrence of the House is requested, bills of the House
of the following titles:
H.R. 3485. An Act to authorize appropriations for carrying
out the Earthquake Hazards Reduction Act of 1977 for fiscal
years 1994, 1995, and 1996;
H.R. 4228. An Act to extend Federal recognition to the
United Auburn Indian Community of the Auburn Rancheria of
California, and
H.R. 4950. An Act to extend the authorities of the Overseas
Private Investment Corporation, and for other purposes.
The message also announced that the Senate insisted upon its
amendment to the bill (H.R. 4950) ``An Act to extend the authorities of
the Overseas Private Investment Corporation, and for other purposes,''
requested a conference with the House on the disagreeing votes of the
two Houses thereon, and appointed Mr. Pell, Mr. Sarbanes, and Mr. Helms
to be the conferees on the part of the Senate.
The message also announced that the Senate agreed to the report of
the committee of conference on the disagreeing votes of the two Houses
on the amendment of the Senate to the bill (H.R. 4299) ``An Act to
authorize appropriations for fiscal year 1995 for intelligence and
intelligence-related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.''
The message also announced that the Senate had passed bills and a
joint resolution of the following titles, in which the concurrence of
the House is requested:
S. 1225. An Act to authorize and encourage the President to
conclude an agreement with Mexico to establish a United
States-Mexico Border Health Commission;
S. 1422. An Act to confer jurisdiction on the United States
Court of Federal Claims with respect to land claims of Pueblo
of Isleta Indian Tribe;
S. 2345. An Act to amend the Solid Waste Disposal Act to
provide authority for States to limit the interstate
transportation of municipal solid waste, and for other
purposes;
S. 2372. An Act to authorize for three years the Commission
on Civil Rights, and for other purposes;
S. 2395. An Act to designate the United States Courthouse
in Detroit, Michigan, as the ``Theodore Levin Courthouse'',
and for other purposes;
S. 2466. An Act to amend the Energy Policy and Conservation
Act to manage the Strategic Petroleum Reserve more
effectively, and for other purposes; and
S.J. Res. 227. Joint resolution to approve the location of
a Thomas Paine Memorial.
Para. 118.7 district of columbia self-government
On motion of Mr. STARK, by unanimous consent, the Committee of the
Whole House on the state of the Union
[[Page 2264]]
was discharged from further consideration of the bill (H.R. 2902) to
amend the District of Columbia Self-Government and Governmental
Reorganization Act to revise and make permanent the use of a formula
based on adjusted District General Fund revenues as the basis for
determining the amount of the annual Federal payment to the District of
Columbia, and for other purposes.
When said bill was considered and read twice.
The following amendment in the nature of a substitute, recommended by
the Committee on the District of Columbia, was then agreed to:
Strike out all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Payment
Reauthorization Act of 1994''.
SEC. 2. AUTHORIZATION OF ANNUAL FEDERAL PAYMENT TO DISTRICT
OF COLUMBIA FOR FISCAL YEAR 1996.
Section 503 of the District of Columbia Self-Government and
Governmental Reorganization Act (sec. 47-3406.1, D.C. Code)
is amended by adding at the end the following new subsection:
``(c) There is authorized to be appropriated as the annual
Federal payment to the District of Columbia for fiscal year
1996 $660,000,000.''.
SEC. 3. PERFORMANCE AND FINANCIAL ACCOUNTABILITY REQUIREMENTS
FOR DISTRICT GOVERNMENT.
(a) In General.--Subpart 2 of part D of title IV of the
District of Columbia Self-Government and Governmental
Reorganization Act is amended--
(1) in the heading for such subpart, by striking ``Audit''
and inserting ``Audits and Accountability Requirements''; and
(2) by adding at the end the following new section:
``performance and financial accountability
``Sec. 456. (a) Performance Accountability Plan.--
``(1) Submission of annual plan.--Not later than March 1 of
each year (beginning with 1995), the Mayor shall develop and
submit to the Committee on the District of Columbia of the
House of Representatives, the Committee on Governmental
Affairs of the Senate, the Committees on Appropriations of
the House of Representatives and the Senate, and the
Comptroller General a performance accountability plan for all
departments, agencies, and programs of the government of the
District of Columbia for the subsequent fiscal year.
``(2) Contents of plan.--The performance accountability
plan for a fiscal year shall contain the following:
``(A) A statement of measurable, objective performance
goals established for all significant activities of the
government of the District of Columbia during the fiscal year
(including activities funded in whole or in part by the
District but performed in whole or in part by some other
public or private entity) that describe an acceptable level
of performance by the government and a superior level of
performance by the government.
``(B) A description of the measures of performance to be
used in determining whether the government has met the goals
established under subparagraph (A) with respect to an
activity for a fiscal year. Such measures shall analyze the
quantity and quality of the activities involved, and shall
include measures of program outcomes and results.
``(C) The title of the District of Columbia management
employee most directly responsible for the achievement of
each goal and the title of such employee's immediate
supervisor or superior.
``(3) Description of activities subject to court order.--In
addition to the material included in the performance
accountability plan for a fiscal year under paragraph (2),
the plan shall include a description of the activities of the
government of the District of Columbia that are subject to a
court order during the fiscal year and the requirements
placed on such activities by the court order.
``(b) Performance Accountability Report.--
``(1) Submission of report.--Not later than March 1 of each
year (beginning with 1997), the Mayor shall develop and
submit to the Committee on the District of Columbia of the
House of Representatives, the Committee on Governmental
Affairs of the Senate, the Committees on Appropriations of
the House of Representatives and the Senate, and the
Comptroller General a performance accountability report on
activities of the government of the District of Columbia
during the fiscal year ending on the previous September 30.
``(2) Contents of report.--The performance accountability
report for a fiscal year shall contain the following:
``(A) For each goal of the performance accountability plan
submitted under subsection (a) for the year, a statement of
the actual level of performance achieved compared to the
stated goal for an acceptable level of performance and the
goal for a superior level of performance.
``(B) The title of the District of Columbia management
employee most directly responsible for the achievement of
each goal and the title of such employee's immediate
supervisor or superior.
``(C) A statement of the status of any court orders
applicable to the government of the District of Columbia
during the year and the steps taken by the government to
comply with such orders.
``(3) Evaluation of Report.--The Comptroller General, in
consultation with the Director of the Office of Management
and Budget, shall review and evaluate each performance
accountability report submitted under this subsection and not
later than April 15 of each year shall submit comments on
such report to the Committee on the District of Columbia of
the House of Representatives, the Committee on Governmental
Affairs of the Senate, and the Committees on Appropriations
of the House of Representatives and the Senate.
``(c) Financial Accountability Plan and Report.--
``(1) Development and submission.--Not later than March 1,
of each year (beginning with 1995) the Mayor shall develop
and submit to the Committee on the District of Columbia of
the House of Representatives, the Committee on Governmental
Affairs of the Senate, the Committees on Appropriations of
the House of Representatives and the Senate, and the
Comptroller General a 5-year financial plan for the
government of the District of Columbia that contains a
description of the steps the government will take to
eliminate any differences between expenditures from, and
revenues attributable to, each fund of the District of
Columbia during the first 5 fiscal years beginning after the
submission of the plan.
``(2) Report on compliance.--
``(A) Submission of report.--Not later than March 1 of
every year (beginning with 1997), the Mayor shall submit a
report to the Committee on the District of Columbia of the
House of Representatives, the Committee on Governmental
Affairs of the Senate, the Committees on Appropriations of
the House of Representatives and the Senate, the Comptroller
General, and the Director of the Congressional Budget Office
on the extent to which the government of the District of
Columbia was in compliance during the preceding fiscal year
with the applicable requirements of the financial
accountability plan submitted for such fiscal year under this
subsection.
``(B) Evaluation of report.--The Comptroller General, in
consultation with the Director of the Congressional Budget
Office, shall review and evaluate the financial
accountability compliance report submitted under subparagraph
(A) and not later than April 15 of each year shall submit
comments on such report to the Committee on the District of
Columbia of the House of Representatives, the Committee on
Governmental Affairs of the Senate, and the Committees on
Appropriations of the House of Representatives and the
Senate.
``(d) Quarterly Financial Reports.--
``(1) Submission of quarterly financial reports.--Not later
than fifteen days after the end of every calendar quarter
(beginning with a report for the quarter beginning October 1,
1994), the Mayor shall submit to the Committee on the
District of Columbia of the House of Representatives, the
Committee on Governmental Affairs of the Senate, and the
Subcommittees on the District of Columbia of the Committees
on Appropriations of the House of Representatives and the
Senate, a report on the financial and budgetary status of the
government of the District of Columbia for the previous
quarter.
``(2) Contents of report.--Each quarterly financial report
submitted under paragraph (1) shall include the following
information:
``(A) A comparison of actual to forecasted cash receipts
and disbursements for each month of the quarter, as presented
in the District's fiscal year consolidated cash forecast
which shall be supported and accompanied by cash forecasts
for the general fund and each of the District government's
other funds other than the capital projects fund and trust
and agency funds.
``(B) A projection of the remaining months cash forecast
for that fiscal year.
``(C) Explanations of (i) the differences between actual
and forecasted cash amounts for each of the months in the
quarter, and (ii) any changes in the remaining months
forecast as compared to the original forecast for such months
of that fiscal year.
``(D) The effect of such changes, actual and projected, on
the total cash balance of the remaining months and for the
fiscal year.
``(E) Explanations of the impact on meeting the budget, how
the results may be reflected in a supplemental budget
request, or how other policy decisions may be necessary which
may require the agencies to reduce expenditures in other
areas.
``(F) An aging of the outstanding receivables and payables,
with an explanation of how they are reflected in the forecast
of cash receipts and disbursements.
``(G) For each department or agency, the actual number of
full-time equivalent positions, the actual number of full-
time employees, the actual number of part-time employees, and
the actual number of temporary employees, together with the
source of funding for each such category of positions and
employees.''.
(b) Clerical Amendments.--The table of contents of the
District of Columbia Self-Government and Governmental
Reorganization Act is amended--
(1) in the item relating to subpart 2 of part D of title
IV, by striking ``Audit'' and inserting ``Audits and
Accountability Requirements''; and
(2) by inserting after the item relating to section 455 the
following new item:
``Sec. 456. Performance and financial accountability.''.
[[Page 2265]]
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title, and passed.
By unanimous consent, the title was amended so as to read: ``A bill to
amend the District of Columbia Self-Government and Governmental
Reorganization Act to reauthorize the annual Federal payment to the
District of Columbia for fiscal year 1996, and for other purposes.''.
A motion to reconsider the votes whereby the bill, as amended, was
passed and the title was amended was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 118.8 recess--12:18 p.m.
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to clause 12 of rule
I, declared the House in recess at 12 o'clock and 18 minutes p.m.,
subject to the call of the Chair.
Para. 118.9 after recess--12:21 p.m.
The SPEAKER pro tempore, Mr. MONTGOMERY, called the House to order.
Para. 118.10 international antitrust enforcement assistance
Mr. BROOKS moved to suspend the rules and pass the bill (H.R. 4781) to
facilitate obtaining foreign-located antitrust evidence by authorizing
the Attorney General of the United States and the Federal Trade
Commission to provide, in accordance with antitrust mutual assistance
agreements, antitrust evidence to foreign antitrust authorities on a
reciprocal basis; and for other purposes; as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. BROOKS and Mr.
FISH, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 118.11 state taxation limitation
Mr. BROOKS moved to suspend the rules and pass the bill (H.R. 546) to
limit State taxation of certain pension income, and for other purposes;
as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. BROOKS and Mr.
FISH, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 118.12 civil rights commission
Mr. BROOKS moved to suspend the rules and pass the bill (H.R. 4999) to
amend the United States Commission on Civil Rights Act of 1983; as
amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. BROOKS and Mr.
HYDE, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
On motion of Mr. BROOKS, by unanimous consent, the bill of the Senate
(S. 2372) to reauthorize for three years the Commission on Civil Rights,
and for other purposes; was taken from the Speaker's table.
When said bill was considered and read twice.
Mr. BROOKS submitted the following amendment, which was agreed to:
Strike out all after the enacting clause and insert the provisions of
H.R. 4999, as passed by the House.
The bill, as amended, was ordered to be read a third time, was read a
third time by title, and passed.
By unanimous consent, the title was amended so as to read: ``A bill to
amend the United States Commission on Civil Rights Act of 1983.''.
A motion to reconsider the votes whereby said bill, as amended, was
passed and the title was amended was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendments.
By unanimous consent, H.R. 4999, a similar House bill, was laid on the
table.
Para. 118.13 madrid protocol implementation
Mr. BROOKS moved to suspend the rules and pass the bill (H.R. 2129) to
amend the Trademark Act of 1946 to provide for the registration and
protection of trademarks used in commerce, in order to carry out
provisions of certain international conventions, and for other purposes;
as amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. BROOKS and Mr.
MOORHEAD, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. ROHRABACHER objected to the vote on the ground that a quorum was
not present and not voting.
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
The point of no quorum was considered as withdrawn.
Para. 118.14 patent and trademark office authorization
Mr. HUGHES moved to suspend the rules and pass the bill (H.R. 4608) to
authorize appropriations for the Patent and Trademark Office in the
Department of Commerce for fiscal year 1995, and for other purposes; as
amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. HUGHES and Mr.
MOORHEAD, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. ROHRABACHER objected to the vote on the ground that a quorum was
not present and not voting.
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
The point of no quorum was considered as withdrawn.
Para. 118.15 kansas and missouri compact
Mr. BROOKS moved to suspend the rules and pass the bill (H.R. 4896) to
grant the consent of the Congress to the Kansas and Missouri
Metropolitan Culture District Compact.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. BROOKS and Mr.
MOORHEAD, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. ROHRABACHER objected to the vote on the ground that a quorum was
not present and not voting.
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
[[Page 2266]]
The point of no quorum was considered as withdrawn.
Para. 118.16 arizona wilderness title resolution
Mr. BROOKS moved to suspend the rules and pass the bill of the Senate
(S. 1233) to resolve the status of certain lands in Arizona that are
subject to a claim as a grant of public lands for railroad purposes, and
for other purposes.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. BROOKS and Mr.
MOORHEAD, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. ROHRABACHER objected to the vote on the ground that a quorum was
not present and not voting.
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
The point of no quorum was considered as withdrawn.
Para. 118.17 technical improvements in the u.s. code
Mr. BROOKS moved to suspend the rules and pass the bill (H.R. 4777) to
make technical improvements in the United States Code by amending
provisions to reflect the current names of congressional committees; as
amended
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. BROOKS and Mr.
FISH, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. FISH objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. MONTGOMERY, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
The point of no quorum was considered as withdrawn.
Para. 118.18 crimes relating to congressional medals of honor
Mr. BROOKS moved to suspend the rules and pass the bill (H.R. 5102) to
amend title 18, United States Code, with respect to certain crimes
relating to Congressional medals of honor.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. BROOKS and Mr.
FISH, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 118.19 pascua yaui indians
Mr. RICHARDSON moved to suspend the rules and agree to the following
amendment of the Senate to the bill (H.R. 734) to amend the Act entitled
``An Act to provide for the extension of certain Federal benefits,
services, and assistance to the Pascua Yaqui Indians of Arizona, and for
other purposes'':
Page 3, after line 2, insert:
SEC. 2. STUDY.
The Act entitled ``An Act to provide for the extension of
certain Federal benefits, services, and assistance to the
Pascua Yaqui Indians of Arizona, and for other purposes'' (25
U.S.C. 1300f et seq.) is amended by adding at the end the
following new section:
``SEC. 4. STUDY.
``(a) In General.--The Secretary of the Interior shall
conduct one or more studies to determine--
``(1) whether the lands held in trust on the date of
enactment of this section by the United States for the Pascua
Yaqui Tribe are adequate for the needs of the tribe for the
foreseeable future;
``(2) if such lands are not adequate--
``(A) whether suitable additional lands are available for
acquisition by exchange or purchase; and
``(B) the cost and location of the suitable additional
lands;
``(3) whether the Pascua Yaqui Tribe has sufficient water
rights and allocations to meet the needs of the tribe for the
foreseeable future;
``(4) if such water rights and allocations are not
adequate--
``(A) whether additional water can be acquired: and
``(B) the potential sources and associated costs of such
additional water;
``(5) whether the Bureau of Indian Affairs and the Indian
Health Service have limited funding to the Pascua Yaqui Tribe
based on a determination of the tribal enrollment in 1978,
rather than the current enrollment;
``(6) if funding has been based on 1978 enrollment, how the
funding levels can be adjusted to ensure that the Pascua
Yaqui Tribe receives a fair and equitable portion of Bureau
of Indian Affairs and Indian Health Service funding;
``(7) the genealogy of the Pascua Yaqui Tribe; and
``(8) the economic development opportunities available to
the tribe as a result of the North American Free Trade
Agreement.
``(b) Tribal Participation.--The Secretary shall provide
for the participation of members of the Pascua Yaqui tribe to
carry out subsection (a).
``(c) Report.--Not later than 2 years after the date on
which funds are made available to carry out this section, the
Secretary of the Interior shall submit a report to Congress
that contains the results of each study conducted pursuant to
subsection (a).
``(d) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section.''.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. RICHARDSON and
Mr. THOMAS of Wyoming, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said amendment?
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said amendment was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said amendment was agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
Para. 118.20 indian federal recognition administrative procedures
Mr. RICHARDSON moved to suspend the rules and pass the bill (H.R.
4462) to provide for administrative procedures to extend Federal
recognition to certain Indian groups, and for other purposes; as
amended.
The SPEAKER pro tempore, Mr. MONTGOMERY, recognized Mr. RICHARDSON and
Mr. THOMAS of Wyoming, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. PASTOR, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. McCANDLESS objected to the vote on the ground that a quorum was
not present and not voting.
The SPEAKER pro tempore, Mr. PASTOR, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
The point of no quorum was considered as withdrawn.
Para. 118.21 indian trust fund management reform
Mr. RICHARDSON moved to suspend the rules and pass the bill (H.R.
4833) to reform the management of Indian Trust Funds, and for other
purposes; as amended.
The SPEAKER pro tempore, Mr. PASTOR, recognized Mr. RICHARDSON and Mr.
THOMAS of Wyoming, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. PASTOR, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. McCANDLESS objected to the vote on the ground that a quorum was
not present and not voting.
The SPEAKER pro tempore, Mr. PASTOR, pursuant to clause 5, rule I,
[[Page 2267]]
announced that further proceedings on the motion were postponed.
The point of no quorum was considered as withdrawn.
Para. 118.22 federal recognized indian tribe list
Mr. RICHARDSON moved to suspend the rules and pass the bill (H.R.
4180) to prohibit the withdrawal of acknowledgement or recognition of an
Indian tribe or Alaska Native Group or of the leaders of an Indian tribe
or Alaska Native group, absent an Act of Congress; as amended.
The SPEAKER pro tempore, Mr. PASTOR, recognized Mr. RICHARDSON and Mr.
THOMAS of Wyoming, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. PASTOR, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``A bill to
provide for the annual publication of a list of federally recognized
Indian tribes, and for other purposes.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 118.23 minor use pesticides
Mr. de la GARZA moved to suspend the rules and pass the bill (H.R.
967) to amend the Federal Insecticide, Fungicide, and Rodenticide Act
with respect to minor use pesticides; as amended.
The SPEAKER pro tempore, Mr. PASTOR, recognized Mr. de la GARZA and
Mr. ROBERTS, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. PASTOR, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. WAXMAN objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. PASTOR, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
The point of no quorum was considered as withdrawn.
Para. 118.24 government management reforms
Mr. SYNAR moved to suspend the rules and pass the bill of the Senate
(S. 2170) to provide a more effective, efficient, and responsive
Government.
The SPEAKER pro tempore, Mr. PASTOR, recognized Mr. SYNAR and Mr.
CLINGER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. PASTOR, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. CLINGER objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. PASTOR, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
The point of no quorum was considered as withdrawn.
Para. 118.25 agriculture department reorganization
Mr. de la GARZA moved to suspend the rules and agree to the following
resolution (H. Res. 559):
That upon adoption of this resolution, the House shall be
considered to have taken from the Speaker's table the bill
(H.R. 4217) to reform the Federal Crop Insurance Program, and
for other purposes, with the Senate amendment thereto, and to
have concurred in the Senate amendment with an amendment as
follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
H. Res. 559
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Federal
Crop Insurance Reform and Department of Agriculture
Reorganization Act of 1994''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--FEDERAL CROP INSURANCE REFORM
Sec. 101. Short title; references.
Sec. 102. Definitions.
Sec. 103. Members of Board of Directors of Corporation.
Sec. 104. General powers.
Sec. 105. Personnel.
Sec. 106. Crop insurance.
Sec. 107. Crop insurance yield coverage.
Sec. 108. Preemption.
Sec. 109. Advisory Committee.
Sec. 110. Funding.
Sec. 111. Noninsured crop disaster assistance.
Sec. 112. Payment and income limitations.
Sec. 113. Producer eligibility.
Sec. 114. Ineligibility for catastrophic risk and noninsured assistance
payments.
Sec. 115. Elimination of gender references.
Sec. 116. Prevented planting.
Sec. 117. Report on improving dissemination of crop insurance
information.
Sec. 118. Crop insurance provider evaluation.
Sec. 119. Conforming amendments.
Sec. 120. Effective date.
TITLE II--DEPARTMENT OF AGRICULTURE REORGANIZATION
Sec. 201. Short title.
Sec. 202. Purpose.
Sec. 203. Definitions.
Subtitle A--General Reorganization Authorities
Sec. 211. Transfer of Department functions to Secretary of Agriculture.
Sec. 212. Authority of Secretary to delegate transferred functions.
Sec. 213. Reductions in number of department personnel.
Sec. 214. Consolidation of headquarters offices.
Sec. 215. Combination of field offices.
Sec. 216. Improvement of information sharing.
Sec. 217. Reports by the Secretary.
Sec. 218. Assistant Secretaries of Agriculture.
Sec. 219. Pay increases prohibited.
Subtitle B--Farm and Foreign Agricultural Services
Sec. 225. Under Secretary of Agriculture for Farm and Foreign
Agricultural Services.
Sec. 226. Consolidated Farm Service Agency.
Sec. 227. State, county, and area committees.
Subtitle C--Rural Economic and Community Development
Sec. 231. Under Secretary of Agriculture for Rural Economic and
Community Development.
Sec. 232. Rural Utilities Service.
Sec. 233. Rural Housing and Community Development Service.
Sec. 234. Rural Business and Cooperative Development Service.
Sec. 235. Conforming amendments regarding Rural Electrification
Administration.
Subtitle D--Food, Nutrition, and Consumer Services
Sec. 241. Under Secretary of Agriculture for Food, Nutrition, and
Consumer Services.
Subtitle E--Natural Resources and Environment
Sec. 245. Under Secretary of Agriculture for Natural Resources and
Environment.
Sec. 246. Natural Resources Conservation Service.
Sec. 247. Reorganization of Forest Service.
Subtitle F--Research, Education, and Economics
Sec. 251. Under Secretary of Agriculture for Research, Education, and
Economics.
Sec. 252. Program staff.
Subtitle G--Food Safety
Sec. 261. Under Secretary of Agriculture for Food Safety.
Sec. 262. Conditions for implementation of alterations in the level of
additives allowed in animal diets.
Subtitle H--National Appeals Division
Sec. 271. Definitions.
Sec. 272. National Appeals Division and Director.
Sec. 273. Transfer of functions.
Sec. 274. Notice and opportunity for hearing.
Sec. 275. Informal hearings.
Sec. 276. Right of participants to Division hearing.
Sec. 277. Division hearings.
Sec. 278. Director review of determinations of hearing officers.
Sec. 279. Judicial review.
Sec. 280. Implementation of final determinations of Division.
Sec. 281. Conforming amendments relating to National Appeals Division.
Sec. 282. Expansion of issues covered by State mediation programs.
Sec. 283. Authorization of appropriations.
Subtitle I--Miscellaneous Reorganization Provisions
Sec. 291. Successorship provisions relating to bargaining units and
exclusive representatives.
Sec. 292. Purchase of American-made equipment and products.
Sec. 293. Miscellaneous conforming amendments.
[[Page 2268]]
Sec. 294. Removal of obsolete administrative provisions.
Sec. 295. Proposed conforming amendments.
Sec. 296. Termination of authority.
TITLE III--MISCELLANEOUS
Sec. 301. Poultry labeling.
Sec. 302. First Amendment rights of employees of the United States
Department of Agriculture.
Sec. 303. Adjusted cost of thrifty food plan.
Sec. 304. Office of Risk Assessment and Cost-Benefit Analysis.
Sec. 305. Fair and equitable treatment of socially disadvantaged
producers.
Sec. 306. Aviation inspections.
TITLE I--FEDERAL CROP INSURANCE REFORM
SEC. 101. SHORT TITLE; REFERENCES.
(a) Short Title.--This title may be cited as the ``Federal
Crop Insurance Reform Act of 1994''.
(b) References to Federal Crop Insurance Act.--Except as
otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to,
or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other
provision of the Federal Crop Insurance Act (7 U.S.C. 1501 et
seq.).
SEC. 102. DEFINITIONS.
(a) In General.--Section 502 (7 U.S.C. 1502) is amended--
(1) by striking the section heading and ``Sec. 502.'' and
inserting the following:
``SEC. 502. PURPOSE AND DEFINITIONS.
``(a) Purpose.--''; and
(2) by adding at the end the following new subsection:
``(b) Definitions.--As used in this title:
``(1) Additional coverage.--The term `additional coverage'
means a plan of crop insurance coverage providing a level of
coverage greater than the level available under catastrophic
risk protection.
``(2) Approved insurance provider.--The term `approved
insurance provider' means a private insurance provider that
has been approved by the Corporation to provide insurance
coverage to producers participating in the Federal crop
insurance program established under this title.
``(3) Board.--The term `Board' means the Board of Directors
of the Corporation established under section 505(a).
``(4) Corporation.--The term `Corporation' means the
Federal Crop Insurance Corporation established under section
503.
``(5) Department.--The term `Department' means the United
States Department of Agriculture.
``(6) Loss ratio.--The term `loss ratio' means the ratio of
all sums paid by the Corporation as indemnities under any
eligible crop insurance policy to that portion of the premium
designated for anticipated losses and a reasonable reserve,
other than that portion of the premium designated for
operating and administrative expenses.
``(7) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(8) Transitional yield.--The term `transitional yield'
means the maximum average production per acre or equivalent
measure that is assigned to acreage for a crop year by the
Corporation in accordance with the regulations of the
Corporation whenever the producer fails--
``(A) to certify that acceptable documentation of
production and acreage for the crop year is in the possession
of the producer; or
``(B) to present the acceptable documentation on the demand
of the Corporation or an insurance company reinsured by the
Corporation.''.
(b) Conforming Amendments.--
(1) The first sentence of section 503 (7 U.S.C. 1503) is
amended by striking ``(herein called the Corporation)''.
(2) Section 504 (7 U.S.C. 1504) is amended--
(A) in subsection (a), by striking ``Board of Directors of
the Corporation'' and inserting ``Board''; and
(B) in subsection (d), by striking ``Federal Crop Insurance
Corporation'' and inserting ``Corporation''.
(3) The first sentence of section 505(a) (7 U.S.C. 1505(a))
is amended by striking ``(hereinafter called the `Board')''.
(4) Except in section 502, the Act is amended--
(A) by striking ``Board of Directors'' each place it
appears and inserting ``Board'';
(B) by striking ``Department of Agriculture'' each place it
appears and inserting ``Department''; and
(C) by striking ``Secretary of Agriculture'' each place it
appears and inserting ``Secretary''.
SEC. 103. MEMBERS OF BOARD OF DIRECTORS OF CORPORATION.
The second sentence of section 505(a) (7 U.S.C. 1505(a)) is
amended--
(1) by striking ``or Assistant Secretary'' the first place
it appears; and
(2) by striking ``the Under Secretary or Assistant
Secretary of Agriculture responsible for the farm credit
programs of the Department of Agriculture'' and inserting
``one additional Under Secretary of Agriculture (as
designated by the Secretary of Agriculture)''.
SEC. 104. GENERAL POWERS.
Section 506 (7 U.S.C. 1506) is amended--
(1) by redesignating subsections (j) through (n) as
subsections (k) through (o), respectively;
(2) by inserting after subsection (i) the following new
subsection:
``(j) Settling Claims.--The Corporation shall have the
authority to make final and conclusive settlement and
adjustment of any claim by or against the Corporation or a
fiscal officer of the Corporation.'';
(3) in subsection (l) (as so redesignated)--
(A) in the first sentence, by inserting ``, and issue
regulations,'' after ``agreements''; and
(B) in the second sentence, by striking ``contracts or
agreements'' each place it appears and inserting ``contracts,
agreements, or regulations'';
(4) in subsection (n)(1) (as so redesignated), by striking
subparagraph (B) and inserting the following new
subparagraph:
``(B) disqualify the person from purchasing catastrophic
risk protection or receiving noninsured assistance for a
period of not to exceed 2 years, or from receiving any other
benefit under this title for a period of not to exceed 10
years.'';
(5) in subsection (o) (as so redesignated)--
(A) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D) and aligning the margins of
each subparagraph with the margins of subparagraph (A) of
subsection (n)(1) (as redesignated by paragraph (1));
(B) by striking ``(o) Actuarial Soundness.--The
Corporation'' and inserting the following:
``(o) Actuarial Soundness.--
``(1) Projected loss ratio as of october 1, 1995.--The
Corporation'';
(C) in subparagraph (A) (as redesignated by subparagraph
(A)), by striking ``from obtaining adequate Federal crop
insurance, as determined by the Corporation'' and inserting
``(as defined by the Secretary) from obtaining Federal crop
insurance'';
(D) in subparagraph (C) (as so redesignated)--
(i) by inserting ``, agents, and loss adjusters'' after
``participating producers''; and
(ii) by inserting ``, agents, and loss adjusters'' after
``identify insured producers''; and
(E) by adding at the end the following new paragraphs:
``(2) Projected loss ratio as of october 1, 1998.--The
Corporation shall take such actions, including the
establishment of adequate premiums, as are necessary to
improve the actuarial soundness of Federal multiperil crop
insurance made available under this title to achieve, on and
after October 1, 1998, an overall projected loss ratio of not
greater than 1.075.
``(3) Nonstandard classification system.--To the extent
that the Corporation uses the nonstandard classification
system, the Corporation shall apply the system to all insured
producers in a fair and consistent manner.''; and
(6) by adding at the end the following new subsections:
``(p) Regulations.--The Secretary and the Corporation are
each authorized to issue such regulations as are necessary to
carry out this title.
``(q) Program Compliance.--
``(1) Timeliness.--The Corporation shall work actively with
approved insurance providers to address program compliance
and integrity issues as the issues develop.
``(2) Notification of compliance problems.--The Corporation
shall notify in writing any approved insurance provider with
whom the Corporation has an agreement under this title of any
error, omission, or failure to follow Corporation regulations
or procedures for which the approved insurance provider may
be responsible and which may result in a debt owed the
Corporation. The notice shall be given within 3 years of the
end of the insurance period during which the error, omission,
or failure is alleged to have occurred, except that this time
limit shall not apply with respect to errors, omissions, or
procedural violations that are willful or intentional. The
failure to timely provide the notice required under this
subsection shall relieve the approved insurance provider from
the debt owed the Corporation.
``(r) Purchase of American-Made Equipment and Products.--
``(1) Sense of congress.--It is the sense of Congress that,
to the greatest extent practicable, all equipment and
products purchased by the Corporation using funds made
available to the Corporation should be American-made.
``(2) Notice requirement.--In providing financial
assistance to, or entering into any contract with, any entity
for the purchase of equipment and products to carry out this
title, the Corporation, to the greatest extent practicable,
shall provide to the entity a notice describing the statement
made in paragraph (1).''.
SEC. 105. PERSONNEL.
Section 507 (7 U.S.C. 1507) is amended--
(1) in subsection (a), by striking ``, and county crop
insurance committeemen'';
(2) in subsection (d), by striking ``of this Act,'' and all
that follows through ``agency''; and
(3) by adding at the end the following new subsection:
``(g)(1) The Corporation shall establish a management-level
position to be known as the Specialty Crops Coordinator.
``(2) The Specialty Crops Coordinator shall have primary
responsibility for addressing the needs of specialty crop
producers, and for providing information and advice, in
connection with the activities of the Corporation to improve
and expand the insurance program for specialty crops. In
carrying out this paragraph, the Specialty Crops Coordinator
shall act as the liaison of the Corporation with
representatives of specialty crop producers and assist the
Corporation with the knowledge, expertise, and familiarity of
the producers with risk management and production issues
pertaining to specialty crops.
``(3) The Specialty Crops Coordinator shall use information
collected from Corporation
[[Page 2269]]
field office directors in States in which specialty crops
have a significant economic effect and from other sources,
including the extension service and colleges and
universities.''.
SEC. 106. CROP INSURANCE.
Section 508 (7 U.S.C. 1508) is amended to read as follows:
``SEC. 508. CROP INSURANCE.
``(a) Authority to Offer Insurance.--
``(1) In general.--If sufficient actuarial data are
available (as determined by the Corporation), the Corporation
may insure, or provide reinsurance for insurers of, producers
of agricultural commodities grown in the United States under
1 or more plans of insurance determined by the Corporation to
be adapted to the agricultural commodity concerned. To
qualify for coverage under a plan of insurance, the losses of
the insured commodity must be due to drought, flood, or other
natural disaster (as determined by the Secretary).
``(2) Period.--Except in the cases of tobacco and potatoes,
insurance shall not extend beyond the period during which the
insured commodity is in the field. As used in the preceding
sentence, in the case of an aquacultural species, the term
`field' means the environment in which the commodity is
produced.
``(3) Exclusions.--Insurance provided under this subsection
shall not cover losses due to--
``(A) the neglect or malfeasance of the producer;
``(B) the failure of the producer to reseed to the same
crop in such areas and under such circumstances as it is
customary to reseed; or
``(C) the failure of the producer to follow good farming
practices (as determined by the Secretary).
``(4) Expansion to other areas or single producers.--
``(A) Area expansion.--The Corporation may offer plans of
insurance or reinsurance for production of agricultural
commodities in the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Republic of the Marshall
Islands, the Federated States of Micronesia, and the Republic
of Palau in the same manner as provided in this section for
production of agricultural commodities in the United States.
``(B) Producer expansion.--In an area in the United States
or specified in subparagraph (A) where crop insurance is not
available for a particular agricultural commodity, the
Corporation may offer to enter into a written agreement with
an individual producer operating in the area for insurance
coverage under this title if the producer has actuarially
sound data relating to the production by the producer of the
commodity and the data is acceptable to the Corporation.
``(5) Dissemination of crop insurance information.--The
Corporation shall make available to producers through local
offices of the Department--
``(A) current and complete information on all aspects of
Federal crop insurance; and
``(B) a listing of insurance agents and companies offering
to sell crop insurance in the area of the producers.
``(6) Addition of new and specialty crops.--
``(A) Data collection.--Not later than 180 days after the
date of enactment of this paragraph, the Secretary shall
issue guidelines for publication in the Federal Register for
data collection to assist the Corporation in formulating crop
insurance policies for new and specialty crops.
``(B) Addition of new crops.--Not later than 1 year after
the date of enactment of this paragraph, and annually
thereafter, the Corporation shall report to Congress on the
progress and expected timetable for expanding crop insurance
coverage under this title to new and specialty crops.
``(C) Addition of direct sale perishable crops.--Not later
than 1 year after the date of enactment of this paragraph,
the Corporation shall report to Congress on the feasibility
of offering a crop insurance program designed to meet the
needs of specialized producers of vegetables and other
perishable crops who market through direct marketing
channels.
``(b) Catastrophic Risk Protection.--
``(1) In general.--The Corporation shall offer a
catastrophic risk protection plan to indemnify producers for
crop loss due to loss of yield or prevented planting, if
provided by the Corporation, when the producer is unable,
because of drought, flood, or other natural disaster (as
determined by the Secretary), to plant other crops for
harvest on the acreage for the crop year.
``(2) Amount of coverage.--
``(A) In general.--Subject to subparagraph (B)--
``(i) in the case of each of the 1995 through 1998 crop
years, catastrophic risk protection shall offer a producer
coverage for a 50 percent loss in yield, on an individual
yield or area yield basis, indemnified at 60 percent of the
expected market price, or a comparable coverage (as
determined by the Corporation); and
``(ii) in the case of each of the 1999 and subsequent crop
years, catastrophic risk protection shall offer a producer
coverage for a 50 percent loss in yield, on an individual
yield or area yield basis, indemnified at 55 percent of the
expected market price, or a comparable coverage (as
determined by the Corporation).
``(B) Reduction in actual payment.--The amount paid to a
producer on a claim under catastrophic risk protection may
reflect a reduction that is proportional to the out-of-pocket
expenses that are not incurred by the producer as a result of
not planting, growing, or harvesting the crop for which the
claim is made, as determined by the Corporation.
``(3) Yield and loss basis.--A producer shall have the
option of basing the catastrophic coverage of the producer on
an individual yield and loss basis or on an area yield and
loss basis, if both options are offered by the Corporation.
``(4) Sale of catastrophic risk coverage.--
``(A) In general.--Catastrophic risk coverage may be
offered by--
``(i) approved insurance providers, if available in an
area; and
``(ii) at the option of the Secretary that is based on
considerations of need, local offices of the Department.
``(B) Need.--For purposes of considering need under
subparagraph (A)(ii), the Secretary may take into account the
most efficient and cost-effective use of resources, the
availability of personnel, fairness to local producers, the
needs and convenience of local producers, and the
availability of private insurance carriers.
``(5) Administrative fee.--
``(A) Fee required.--Producers shall pay an administrative
fee for catastrophic risk protection. The administrative fee
for each producer shall be $50 per crop per county, but not
to exceed $200 per producer per county up to a maximum of
$600 per producer for all counties in which a producer has
insured crops. The administrative fee shall be paid by the
producer at the time the producer applies for catastrophic
risk protection.
``(B) Use of fees.--
``(i) Fees up to $100.--
``(I) Fees collected by usda offices.--Not more than $100
of the administrative fees paid by a producer for
catastrophic risk coverage that are collected by an office of
the Department shall be credited to the appropriations
account providing funds for the payment of operating and
administrative expenses incurred for the delivery of
catastrophic risk protection under this section. The fees
shall be collected in accordance with appropriation Acts and
shall be available until expended without fiscal year
limitation for the payment of the expenses.
``(II) Fees collected by approved insurance providers.--Not
more than $100 of the administrative fees paid by a producer
for catastrophic risk coverage that are collected by an
approved insurance provider shall be retained by the provider
as payment for operating and administrative expenses incurred
for the delivery of catastrophic risk protection.
``(ii) Fees in excess of $100.--Notwithstanding the
authority granted to the Secretary under the Federal Crop
Insurance Corporation account provisions of the Agricultural,
Rural Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 1995, all fees collected under
this subsection in excess of $100 per producer per county
shall be deposited in the crop insurance fund established
under section 516(c), to be available for the programs and
activities of the Corporation.
``(C) Waiver of fee.--The Corporation shall waive the
administrative fee for limited resource farmers, as defined
by the Corporation.
``(6) Participation requirement.--A producer may obtain
catastrophic risk coverage for a crop of the producer on land
in the county only if the producer obtains the coverage for
the crop on all insurable land of the producer in the county.
``(7) Eligibility for department programs.--
``(A) In general.--To be eligible for any price support or
production adjustment program, the conservation reserve
program, or any benefit described in section 371 of the
Consolidated Farm and Rural Development Act, the producer
must obtain at least the catastrophic level of insurance for
each crop of economic significance grown on each farm in the
county in which the producer has an interest, if insurance is
available in the county for the crop.
``(B) Definition of crop of economic significance.--As used
in this paragraph, the term `crop of economic significance'
means a crop that has contributed, or is expected to
contribute, 10 percent or more of the total expected value of
all crops grown by the producer.
``(8) Limitation due to risk.--The Corporation may limit
catastrophic risk coverage in any county or area, or on any
farm, on the basis of the insurance risk concerned.
``(9) Transitional coverage for 1995 crops.--Effective only
for a 1995 crop planted or for which insurance attached prior
to January 1, 1995, the Corporation shall allow producers of
the crops until not later than the end of the 180-day period
beginning on the date of enactment of the Federal Crop
Insurance Reform Act of 1994 to obtain catastrophic risk
protection for the crop. On enactment of such Act, a producer
who made timely purchases of a crop insurance policy before
the date of enactment of such Act, under the provisions of
this title then in effect, shall be eligible for the same
benefits to which a producer would be entitled under
comparable additional coverage under subsection (c).
``(10) Simplification.--
``(A) Catastrophic risk protection plans.--In developing
and carrying out the policies and procedures for a
catastrophic risk protection plan under this title, the
Corporation shall, to the maximum extent prac-
[[Page 2270]]
ticable, minimize the paperwork required and the complexity
and costs of procedures governing applications for,
processing, and servicing of the plan for all parties
involved.
``(B) Other plans.--To the extent that the policies and
procedures developed under subparagraph (A) may be applied to
other plans of insurance offered under this title without
jeopardizing the actuarial soundness or integrity of the crop
insurance program, the Corporation shall apply the policies
and procedures to the other plans of insurance within a
reasonable period of time (as determined by the Corporation)
after the effective date of this paragraph.
``(c) General Coverage Levels.--
``(1) Additional coverage generally.--
``(A) In general.--The Corporation shall offer to producers
of agricultural commodities grown in the United States plans
of crop insurance that provide additional coverage.
``(B) Purchase.--To be eligible for additional coverage, a
producer must apply to an approved insurance provider for
purchase of additional coverage if the coverage is available
from an approved insurance provider. If additional coverage
is unavailable privately, the Corporation may offer
additional coverage plans of insurance directly to producers.
``(2) Transfer of relevant information.--If a producer has
already applied for catastrophic risk protection at the local
office of the Department and elects to purchase additional
coverage, the relevant information for the crop of the
producer shall be transferred to the approved insurance
provider servicing the additional coverage crop policy.
``(3) Yield and loss basis.--A producer shall have the
option of purchasing additional coverage based on an
individual yield and loss basis or on an area yield and loss
basis, if both options are offered by the Corporation.
``(4) Level of coverage.--The level of coverage shall be
dollar denominated and may be purchased at any level not to
exceed 85 percent of the individual yield or 95 percent of
the area yield (as determined by the Corporation). Not later
than the beginning of the 1996 crop year, the Corporation
shall provide producers with information on catastrophic risk
and additional coverage in terms of dollar coverage (within
the allowable limits of coverage provided in this paragraph).
``(5) Price level.--The Corporation shall establish a price
level for each commodity on which insurance is offered that--
``(A) shall not be less than the projected market price for
the commodity (as determined by the Corporation); or
``(B) at the discretion of the Corporation, may be based on
the actual market price at the time of harvest (as determined
by the Corporation).
``(6) Price elections.--
``(A) In general.--Subject to subparagraph (B), insurance
coverage shall be made available to a producer on the basis
of any price election that equals or is less than the price
election established by the Corporation. The coverage shall
be quoted in terms of dollars per acre.
``(B) Minimum price elections.--The Corporation may
establish minimum price elections below which levels of
insurance shall not be offered.
``(C) Wheat classes and malting barley.--The Corporation
shall, as the Corporation determines practicable, offer
producers different price elections for classes of wheat and
malting barley (including contract prices in the case of
malting barley), in addition to the standard price election,
that reflect different market prices, as determined by the
Corporation. The Corporation shall, as the Corporation
determines practicable, offer additional coverage for each
class determined under this subparagraph and charge a premium
for each class that is actuarially sound.
``(7) Fire and hail coverage.--For levels of additional
coverage equal to 65 percent or more of the recorded or
appraised average yield indemnified at 100 percent of the
expected market price, or an equivalent coverage, a producer
may elect to delete from the additional coverage any coverage
against damage caused by fire and hail if the producer
obtains an equivalent or greater dollar amount of coverage
for damage caused by fire and hail from an approved insurance
provider. On written notice of the election to the company
issuing the policy providing additional coverage and
submission of evidence of substitute coverage on the
commodity insured, the premium of the producer shall be
reduced by an amount determined by the Corporation to be
actuarially appropriate, taking into account the actuarial
value of the remaining coverage provided by the Corporation.
In no event shall the producer be given credit for an amount
of premium determined to be greater than the actuarial value
of the protection against losses caused by fire and hail that
is included in the additional coverage for the crop.
``(8) State premium subsidies.--The Corporation may enter
into an agreement with any State or agency of a State under
which the State or agency may pay to the approved insurance
provider an additional premium subsidy to further reduce the
portion of the premium paid by producers in the State.
``(9) Limitations on additional coverage.--The Board may
limit the availability of additional coverage under this
subsection in any county or area, or on any farm, on the
basis of the insurance risk involved. The Board shall not
offer additional coverage equal to less than 50 percent of
the recorded or appraised average yield indemnified at 100
percent of the expected market price, or an equivalent
coverage.
``(10) Administrative fee.--
``(A) Fee required.--Except as otherwise provided in this
paragraph, if a producer elects to purchase additional
coverage for a crop at a level that is less than 65 percent
of the recorded or appraised average yield indemnified at 100
percent of the expected market price, or an equivalent
coverage, the producer shall pay an administrative fee for
the additional coverage. Subsection (b)(5) shall apply in
determining the amount and use of the administrative fee or
in determining whether to waive the administrative fee.
``(B) Exception.--If a producer elects to purchase
additional coverage for a crop equal to 65 percent or more of
the recorded or appraised average yield indemnified at 100
percent of the expected market price, or an equivalent
coverage, the producer shall not be subject to the
administrative fee required by this paragraph or subsection
(b)(5). If the producer has already paid the administrative
fee for a lower level of coverage for the crop, the
administrative fee shall be refunded to the producer unless
the refund would reduce to less than $200 the total amount of
the administrative fees paid by the producer for 2 or more
crops in the same county for which a lower level of coverage
is obtained.
``(C) Additional fee.--If a producer elects to purchase
additional coverage for a crop equal to or exceeding 65
percent of the recorded or appraised average yield and 100
percent of the expected market price or an equivalent
coverage, the producer shall pay an administrative fee of $10
for the coverage. If a producer has already paid an
administrative fee for lesser coverage for the crop, the fee
for lesser coverage shall be refunded to the producer unless
the producer has paid the maximum fee for lesser coverage and
refund of the fee will not reduce the amount to be paid below
the maximum amount.
``(D) Deposit of fees.--Notwithstanding the authority
granted to the Secretary under the Federal Crop Insurance
Corporation account programs of the Agricultural, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 1995, administrative fees
collected under subparagraph (B) in excess of $100 per
producer per county and under subparagraph (C) shall be
deposited in the insurance fund established under section
516(c) to be available for the programs and activities of the
Corporation.
``(d) Premiums.--
``(1) Premiums required.--The Corporation shall fix
adequate premiums for all the plans of insurance of the
Corporation at such rates as the Board determines are
actuarially sufficient to attain an expected loss ratio of
not greater than 1.1 through September 30, 1998, and not
greater than 1.075 after October 1, 1998.
``(2) Premium amounts.--The premium amounts for
catastrophic risk protection under subsection (b) and
additional coverage under subsection (c) shall be fixed as
follows:
``(A) In the case of catastrophic risk protection, the
amount of the premium shall be sufficient to cover
anticipated losses and a reasonable reserve.
``(B) In the case of additional coverage below 65 percent
of the recorded or appraised average yield indemnified at 100
percent of the expected market price, or an equivalent
coverage, but greater than 50 percent of the recorded or
appraised average yield indemnified at 100 percent of the
expected market price, or an equivalent coverage, the amount
of the premium shall--
``(i) be sufficient to cover anticipated losses and a
reasonable reserve; and
``(ii) include an amount for operating and administrative
expenses, as determined by the Corporation.
``(C) In the case of additional coverage equal to or
greater than 65 percent of the recorded or appraised average
yield indemnified at 100 percent of the expected market
price, or an equivalent coverage, the amount of the premium
shall--
``(i) be sufficient to cover anticipated losses and a
reasonable reserve; and
``(ii) include an amount for operating and administrative
expenses, as determined by the Corporation, on an industry-
wide basis as a percentage of the amount of the premium used
to define loss ratio.
``(e) Payment of Portion of Premium by Corporation.--
``(1) In general.--For the purpose of encouraging the
broadest possible participation of producers in the
catastrophic risk protection provided under subsection (b)
and the additional coverage provided under subsection (c),
the Corporation shall pay a part of the premium in the
amounts provided in accordance with this subsection.
``(2) Amount of payment.--The amount of the premium to be
paid by the Corporation shall be as follows:
``(A) In the case of catastrophic risk protection, the
amount shall be equivalent to the premium established for
catastrophic risk protection under subsection (d)(2)(A).
``(B) In the case of coverage below 65 percent of the
recorded or appraised average yield indemnified at 100
percent of the expected market price, or an equivalent
coverage, but greater than 50 percent of the recorded or
appraised average yield indemnified at 100 percent of the
expected market price, or an equivalent coverage, the amount
shall be equivalent to the amount of premium established for
catastrophic risk protection coverage and the amount of
operating and administrative expenses established under
subsection (d)(2)(B).
[[Page 2271]]
``(C) In the case of coverage equal to or greater than 65
percent of the recorded or appraised average yield
indemnified at 100 percent of the expected market price, or
an equivalent coverage, on an individual or area basis, the
amount shall be equivalent to an amount equal to the premium
established for 50 percent loss in yield indemnified at 75
percent of the expected market price and the amount of
operating and administrative expenses established under
subsection (d)(2)(C).
``(3) Premium reduction.--If an approved insurance provider
determines that the provider may provide insurance more
efficiently than the expense reimbursement amount established
by the Corporation, the approved insurance provider may
reduce, subject to the approval of the Corporation, the
premium charged the insured by an amount corresponding to the
efficiency. The approved insurance provider shall apply to
the Corporation for authority to reduce the premium before
making such a reduction, and the reduction shall be subject
to the rules, limitations, and procedures established by the
Corporation.
``(4) Individual and area crop insurance coverage.--The
Corporation shall allow approved insurance providers to offer
a plan of insurance to producers that combines both
individual yield coverage and area yield coverage at a
premium rate determined by the provider under the following
conditions:
``(A) The individual yield coverage shall be equal to or
greater than catastrophic risk protection as described in
subsection (b).
``(B) The combined policy shall include area yield coverage
that is offered by the Corporation or similar area coverage,
as determined by the Corporation.
``(C) The Corporation shall provide reinsurance on the area
yield portion of the combined policy at the request of the
provider, except that the provider shall agree to pay to the
producer any portion of the area yield and loss indemnity
payment received from the Corporation or a commercial
reinsurer that exceeds the individual indemnity payment made
by the provider to the producer.
``(D) The Corporation shall pay a part of the premium
equivalent to--
``(i) the amount authorized under paragraph (2) (except
provisions regarding operating and administrative expenses);
and
``(ii) the amount of operating and administrative expenses
authorized by the Corporation for the area yield coverage
portion of the combined policy.
``(E) The provider shall provide all underwriting services
for the combined policy, including the determination of
individual yield coverage premium rates, the terms and
conditions of the policy, and the acceptance and
classification of applicants into risk categories, subject to
subparagraph (F).
``(F) The Corporation shall approve the combined policy
unless the Corporation determines that the policy is not
actuarially sound or that the interests of producers are not
adequately protected.
``(f) Eligibility.--
``(1) In general.--To participate in catastrophic risk
protection coverage under this section, a producer shall
submit an application at the local office of the Department
or to an approved insurance provider.
``(2) Sales closing date.--For coverage under this title,
each producer shall purchase crop insurance on or before the
sales closing date for the crop by providing the required
information and executing the required documents. Subject to
the goal of ensuring actuarial soundness for the crop
insurance program, the sales closing date shall be
established by the Corporation to maximize convenience to
producers in obtaining benefits under price and production
adjustment programs of the Department. Beginning with the
1995 crop year, the Corporation shall establish, for an
insurance policy for each insurable crop that is planted in
the spring, a sales closing date that is 30 days earlier than
the corresponding sales closing date that was established for
the 1994 crop year.
``(3) Records and reporting.--To obtain catastrophic risk
protection under subsection (b) or additional coverage under
subsection (c), a producer shall--
``(A) provide, to the extent required by the Corporation,
records acceptable to the Corporation of historical acreage
and production of the crops for which the insurance is sought
or accept a yield determined by the Corporation; and
``(B) report acreage planted and prevented from planting by
the designated acreage reporting date for the crop and
location as established by the Corporation.
``(g) Yield Determinations.--
``(1) In general.--Subject to paragraph (2), the
Corporation shall establish crop insurance underwriting rules
that ensure that yield coverage, as specified in this
subsection, is provided to eligible producers obtaining
catastrophic risk protection under subsection (b) or
additional coverage under subsection (c).
``(2) Yield coverage plans.--
``(A) Actual production history.--Subject to subparagraph
(B), the yield for a crop shall be based on the actual
production history for the crop, if the crop was produced on
the farm without penalty during each of the 4 crop years
immediately preceding the crop year for which actual
production history is being established, building up to a
production data base for each of the 10 consecutive crop
years preceding the crop year for which actual production
history is being established.
``(B) Assigned yield.--If the producer does not provide
satisfactory evidence of the yield of a commodity under
subparagraph (A), the producer shall be assigned a yield that
is not less than 65 percent of the transitional yield of the
producer (adjusted to reflect actual production reflected in
the records acceptable to the Corporation for continuous
years), as specified in regulations issued by the Corporation
based on production history requirements.
``(C) Area yield.--The Corporation may offer a crop
insurance plan based on an area yield that allows an insured
producer to qualify for an indemnity if a loss has occurred
in an area (as specified by the Corporation) in which the
farm of the producer is located. Under an area yield plan, an
insured producer shall be allowed to select the level of area
production at which an indemnity will be paid consistent with
such terms and conditions as are established by the
Corporation.
``(D) Commodity-by-commodity basis.--A producer may choose
between individual yield or area yield coverage or combined
coverage (as provided in subsection (e)(4)), if available, on
a commodity-by-commodity basis.
``(3) Transitional yields for producers of feed or
forage.--
``(A) In general.--If a producer does not provide
satisfactory evidence of a yield under paragraph (2)(A), the
producer shall be assigned a yield that is at least 80
percent of the transitional yield established by the
Corporation (adjusted to reflect the actual production
history of the producer) if the Secretary determines that--
``(i) the producer grows feed or forage primarily for on-
farm use in a livestock, dairy, or poultry operation; and
``(ii) over 50 percent of the net farm income of the
producer is derived from the operation.
``(B) Yield calculation.--The Corporation shall--
``(i) for the first year of participation of a producer,
provide the assigned yield under this paragraph to the
producer of feed or forage; and
``(ii) for the second year of participation of the
producer, apply the actual production history or assigned
yield requirement, as provided in this subsection.
``(C) Termination of authority.--The authority provided by
this paragraph shall terminate on the date that is 3 years
after the effective date of this paragraph.
``(h) Submission of Policies and Materials to Board.--
``(1) In general.--In addition to any standard forms or
policies that the Board may require be made available to
producers under subsection (c), a person may prepare for
submission or propose to the Board--
``(A) other crop insurance policies and provisions of
policies; and
``(B) rates of premiums for multiple peril crop insurance
pertaining to wheat, soybeans, field corn, and any other
crops determined by the Secretary.
``(2) Submission of policies.--A policy or other material
submitted to the Board under this subsection may be prepared
without regard to the limitations contained in this title,
including the requirements concerning the levels of coverage
and rates and the requirement that a price level for each
commodity insured must equal the expected market price for
the commodity as established by the Board. In the case of
such a policy, the payment by the Corporation of a portion of
the premium of the policy may not exceed the amount that
would otherwise be authorized under subsection (e).
``(3) Review and approval by the board.--A policy or other
material submitted to the Board under this subsection shall
be reviewed by the Board and, if the Board finds that the
interests of producers are adequately protected and that any
premiums charged to the producers are actuarially
appropriate, shall be approved by the Board for reinsurance
and for sale to producers as an additional choice at
actuarially appropriate rates and under appropriate terms and
conditions. The Corporation may enter into more than 1
reinsurance agreement with the approved insurance provider
simultaneously to facilitate the offering of the new
policies.
``(4) Guidelines for submission and review.--The
Corporation shall issue regulations to establish guidelines
for the submission, and Board review, of policies or other
material submitted to the Board under this subsection. At a
minimum, the guidelines shall ensure the following:
``(A) A proposal submitted to the Board under this
subsection shall be considered as confidential commercial or
financial information for purposes of section 552(b)(4) of
title 5, United States Code, until approved by the Board. A
proposal disapproved by the Board shall remain confidential
commercial or financial information.
``(B) The Board shall provide an applicant with the
opportunity to present the proposal to the Board in person if
the applicant so desires.
``(C) The Board shall provide an applicant with
notification of intent to disapprove a proposal not later
than 30 days prior to making the disapproval. An applicant
that receives the notification may modify the application of
the applicant. Any modification shall be considered an
original application for purposes of this paragraph.
``(D) Specific guidelines shall prescribe the timing of
submission of proposals under this subsection and timely
consideration by the Board so that any approved proposal may
be made available to all persons reinsured by the Corporation
in a manner permitting the persons to participate, if the
persons so desire, in offering such a proposal in the first
[[Page 2272]]
crop year in which the proposal is approved by the Board for
reinsurance, premium subsidy, or other support offered by
this title.
``(5) Required publication.--Any policy, provision of a
policy, or rate approved under this subsection shall be
published as a notice in the Federal Register and made
available to all persons contracting with or reinsured by the
Corporation under the terms and conditions of the contract
between the Corporation and the person originally submitting
the policy or other material.
``(6) Pilot cost of production risk protection plan.--
``(A) In general.--The Corporation shall offer, to the
extent practicable, a cost of production risk protection plan
of insurance that indemnifies producers (including new
producers) for insurable losses as provided in this
paragraph.
``(B) Pilot basis.--The cost of production risk protection
plan shall--
``(i) be established as a pilot project for each of the
1996 and 1997 crop years; and
``(ii) be carried out in a number of counties that is
determined by the Corporation to be adequate to provide a
comprehensive evaluation of the feasibility, effectiveness,
and demand among producers for the plan.
``(C) Insurable loss.--An insurable loss shall be incurred
by a producer if the gross income of the producer (as
determined by the Corporation) is less than an amount
determined by the Corporation, as a result of a reduction in
yield or price resulting from an insured cause.
``(D) Definition of new producer.--As used in this
paragraph, the term `new producer' means a person that has
not been actively engaged in farming for a share of the
production of the insured crop for more than 2 crop years, as
determined by the Secretary.
``(7) Additional prevented planting policy coverage.--
``(A) In general.--Beginning with the 1995 crop year, the
Corporation shall offer to producers additional prevented
planting coverage that insures producers against losses in
accordance with this paragraph.
``(B) Approved insurance providers.--Additional prevented
planting coverage shall be offered by the Corporation through
approved insurance providers.
``(C) Timing of loss.--A crop loss shall be covered by the
additional prevented planting coverage if--
``(i) crop insurance policies were obtained for--
``(I) the crop year the loss was experienced; and
``(II) the crop year immediately preceding the year of the
prevented planting loss; and
``(ii) the cause of the loss occurred--
``(I) after the sales closing date for the crop in the crop
year immediately preceding the loss; and
``(II) before the sales closing date for the crop in the
year in which the loss is experienced.
``(8) Pilot program of assigned yields for new producers.--
``(A) Program required.--For each of the 1995 and 1996 crop
years, the Corporation shall carry out a pilot program to
assign to eligible new producers higher assigned yields than
would otherwise be assigned to the producers under subsection
(g). The Corporation shall include in the pilot program 30
counties that are determined by the Corporation to be
adequate to provide a comprehensive evaluation of the
feasibility, effectiveness, and demand among new producers
for increased assigned yields.
``(B) Increased assigned yields.--In the case of an
eligible new producer participating in the pilot program, the
Corporation shall assign to the new producer a yield that is
equal to not less than 110 percent of the transitional yield
otherwise established by the Corporation.
``(C) Eligible new producer.--The Secretary shall establish
a definition of new producer for purposes of determining
eligibility to participate in the pilot program.
``(i) Adoption of Rates and Coverages.--The Corporation
shall adopt, as soon as practicable, rates and coverages that
will improve the actuarial soundness of the insurance
operations of the Corporation for those crops that are
determined to be insured at rates that are not actuarially
sound, except that no rate may be increased by an amount of
more than 20 percent over the comparable rate of the
preceding crop year.
``(j) Claims for Losses.--
``(1) In general.--Under rules prescribed by the
Corporation, the Corporation may provide for adjustment and
payment of claims for losses. The rules prescribed by the
Corporation shall establish standards to ensure that all
claims for losses are adjusted, to the extent practicable, in
a uniform and timely manner.
``(2) Denial of claims.--
``(A) In general.--Subject to subparagraph (B), if a claim
for indemnity is denied by the Corporation or an approved
provider, an action on the claim may be brought against the
Corporation or Secretary only in the United States district
court for the district in which the insured farm is located.
``(B) Statute of limitations.--A suit on the claim may be
brought not later than 1 year after the date on which final
notice of denial of the claim is provided to the claimant.
``(3) Indemnification.--The Corporation shall provide
approved insurance providers with indemnification, including
costs and reasonable attorney fees incurred by the approved
insurance provider, due to errors or omissions on the part of
the Corporation.
``(k) Reinsurance.--
``(1) In general.--Notwithstanding any other provision of
this title, the Corporation shall, to the maximum extent
practicable, provide reinsurance to insurers approved by the
Corporation that insure producers of any agricultural
commodity under 1 or more plans acceptable to the
Corporation.
``(2) Terms and conditions.--The reinsurance shall be
provided on such terms and conditions as the Board may
determine to be consistent with subsections (b) and (c) and
sound reinsurance principles.
``(3) Share of risk.--The reinsurance agreements of the
Corporation with the reinsured companies shall require the
reinsured companies to bear a sufficient share of any
potential loss under the agreement so as to ensure that the
reinsured company will sell and service policies of insurance
in a sound and prudent manner, taking into consideration the
financial condition of the reinsured companies and the
availability of private reinsurance.
``(4) Rate.--The rate established by the Board to reimburse
approved insurance providers and agents for the
administrative and operating costs of the providers and
agents shall not exceed--
``(A) for the 1997 reinsurance year, 29 percent of the
premium used to define loss ratio;
``(B) for the 1998 reinsurance year, 28 percent of the
premium used to define loss ratio; and
``(C) for the 1999 reinsurance year, 27.5 percent of the
premium used to define loss ratio.
``(5) Cost and regulatory reduction.--Consistent with
section 118 of the Federal Crop Insurance Reform Act of 1994,
and consistent with maintenance of program integrity,
prevention of fraud and abuse, the need for program
expansion, and improvement of quality of service to
customers, the Board shall alter program procedures and
administrative requirements in order to reduce the
administrative and operating costs of approved insurance
providers and agents in an amount that corresponds to any
reduction in the reimbursement rate required under paragraph
(4) during the 5-year period beginning on the date of
enactment of this paragraph.
``(6) Agency discretion.--The determination of whether the
Corporation is achieving, or has achieved, corresponding
administrative cost savings shall not be subject to
administrative review, and is wholly committed to agency
discretion within the meaning of section 701(a)(2) of title
5, United States Code.
``(7) Plan.--The Corporation shall submit to Congress a
plan outlining the measures that will be used to achieve the
reduction required under paragraph (5). If the Corporation
can identify additional cost reduction measures, the
Corporation shall describe the measures in the plan.
``(l) Optional Coverages.--The Corporation may offer
specific risk protection programs, including protection
against prevented planting, wildlife depredation, tree damage
and disease, and insect infestation, under such terms and
conditions as the Board may determine, except that no program
may be undertaken if insurance for the specific risk involved
is generally available from private companies.
``(m) Research.--
``(1) In general.--Except as provided in paragraph (2), the
Corporation may conduct research, surveys, pilot programs,
and investigations relating to crop insurance and
agriculture-related risks and losses including insurance on
losses involving reduced forage on rangeland caused by
drought and by insect infestation, livestock poisoning and
disease, destruction of bees due to the use of pesticides,
and other unique special risks related to fruits, nuts,
vegetables, aquacultural species, forest industry needs
(including appreciation), and other agricultural products as
determined by the Board.
``(2) Exception.--No action may be undertaken with respect
to a risk under paragraph (1) if insurance protection against
the risk is generally available from private companies.
``(3) Evaluation.--After the completion of any pilot
program under this subsection, the Corporation shall evaluate
the pilot program and submit to the Committee on Agriculture
of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate, a report
of the operations of the pilot program, including the
evaluation by the Corporation of the pilot program and the
recommendations of the Corporation with respect to
implementing the program on a national basis.''.
SEC. 107. CROP INSURANCE YIELD COVERAGE.
Section 508A (7 U.S.C. 1508a) is repealed.
SEC. 108. PREEMPTION.
Section 511 (7 U.S.C. 1511) is amended by adding at the end
the following sentence: ``A contract of insurance of the
Corporation, and a contract of insurance reinsured by the
Corporation, shall be exempt from taxation imposed by any
State, municipality, or local taxing authority.''.
SEC. 109. ADVISORY COMMITTEE.
The Act is amended by inserting after section 514 (7 U.S.C.
1514) the following new section:
``SEC. 515. ADVISORY COMMITTEE FOR FEDERAL CROP INSURANCE.
``(a) Establishment.--The Secretary may establish within
the Department an advisory committee to be known as the
`Advisory Committee for Federal Crop Insurance'.
``(b) Primary Responsibility.--The primary responsibility
of the Advisory Committee shall be to advise the Secretary on
the implementation of this title and on other is-
[[Page 2273]]
sues related to crop insurance, as determined by the Manager
of the Corporation.
``(c) Membership.--The Advisory Committee shall be composed
of the Manager of the Corporation, the Secretary (or a
designee of the Secretary), and not fewer than 12 members
representing organizations and agencies involved in the
provision of crop insurance under this title. Not fewer than
3 of the members of the Advisory Committee shall be
representatives of the specialty crops industry. The
organizations or agencies represented by members on the
Advisory Committee may include insurance companies, insurance
agents, farm producer organizations, experts on agronomic
practices, and banking and lending institutions.
``(d) Administrative Provisions.--
``(1) Terms.--Members of the Advisory Committee (other than
the Manager of the Corporation and the Secretary) shall be
appointed by the Secretary for a term of up to 2 years from
nominations made by the organizations and agencies specified
in subsection (c). The terms of the members (other than the
Manager of the Corporation and the Secretary) shall be
staggered.
``(2) Chairperson.--The Advisory Committee shall be chaired
by the Manager of the Corporation.
``(3) Meetings.--The Advisory Committee shall meet at least
annually. The meetings of the Advisory Committee shall be
publicly announced in advance and shall be open to the
public. Appropriate records of the activities of the Advisory
Committee shall be kept and made available to the public on
request.
``(e) Reports.--Not later than June 30 of each year, the
Advisory Committee shall submit to the Secretary a report
specifying the conclusions and recommendations of the
Advisory Committee regarding--
``(1) the progress toward implementation of this title;
``(2) the actuarial soundness of the Federal crop insurance
program;
``(3) the rate of producer participation in both
catastrophic risk protection under section 508(b) and
additional coverage under section 508(c); and
``(4) the progress toward improved crop insurance coverage
for new and specialty crops.
``(f) Termination of Authority.--The authority provided by
this section shall terminate on September 30, 1998.''.
SEC. 110. FUNDING.
Section 516 (7 U.S.C. 1516) is amended to read as follows:
``SEC. 516. FUNDING.
``(a) Authorization of Appropriations.--
``(1) Discretionary expenses.--There are authorized to be
appropriated for each of fiscal years 1995 through 2001 such
sums as are necessary to cover--
``(A) the salaries and expenses of the Corporation; and
``(B) the administrative and operating expenses of the
Corporation for the sales commissions of agents.
``(2) Mandatory expenses.--There are authorized to be
appropriated such sums as are necessary to cover--
``(A) in the case of each of the 1995 through 1997
reinsurance years, the administrative and operating expenses
of the Corporation for the sales commissions of agents,
consistent with subsection (b)(1);
``(B) premium subsidies, including the administrative and
operating expenses of an approved insurance provider for the
delivery of policies with additional coverage; and
``(C) payments for noninsured assistance losses under
section 519.
``(b) Payment of Expenses.--
``(1) Administrative and operating expenses.--
``(A) In general.--Except as provided in subparagraph (B),
in the case of each of the 1995 through 1997 reinsurance
years, the Corporation is authorized to pay from the
insurance fund established under subsection (c), the
administrative and operating expenses of an approved
insurance provider, including expenses covered by subsection
(a)(1)(B).
``(B) Sales commissions for 1997 reinsurance year.--In the
case of the 1997 reinsurance year, the amount of the payments
from the insurance fund established under subsection (c) for
the expenses of the Corporation for the sales commissions of
agents may not exceed 8.5 percent of the total amount of
premiums paid for additional coverage for the 1997
reinsurance year.
``(2) Other expenses.--The Corporation is authorized to pay
from the insurance fund established under subsection (c)--
``(A) all other expenses of the Corporation (other than
expenses covered by subsection (a)(1)), including all premium
subsidies, noninsured assistance benefits, and indemnities;
``(B) subject to paragraph (1)(B), in the case of each of
the 1995 through 1997 reinsurance years, all administrative
and expense reimbursements due under a reinsurance agreement
with an approved insurance provider; and
``(C) to the extent necessary, expenses incurred by the
Corporation to carry out research and development.
``(c) Insurance Fund.--
``(1) In general.--There is established an insurance fund,
for the deposit of premium income and amounts made available
under subsection (a)(2), to be available without fiscal year
limitation.
``(2) Commodity credit corporation funds.--If at any time
the amounts in the insurance fund are insufficient to enable
the Corporation to carry out subsection (b), to the extent
the funds of the Commodity Credit Corporation are available--
``(A) the Corporation may request the Secretary to use the
funds of the Commodity Credit Corporation to carry out
subsection (b); and
``(B) the Secretary may use the funds of the Commodity
Credit Corporation to carry out subsection (b).''.
SEC. 111. NONINSURED CROP DISASTER ASSISTANCE.
Section 519 (7 U.S.C. 1519) is amended to read as follows:
``SEC. 519. NONINSURED CROP DISASTER ASSISTANCE PROGRAM.
``(a) Establishment of Program.--
``(1) Establishment.--In the case of an eligible crop
described in paragraph (2), the Corporation shall establish a
noninsured crop disaster assistance program to provide
coverage equivalent to the catastrophic risk protection
otherwise available under section 508(b).
``(2) Eligible crops.--
``(A) In general.--As used in this section, the term
`eligible crop' means each commercial crop or other
agricultural commodity (except livestock)--
``(i) for which catastrophic risk protection under section
508(b) is not available; and
``(ii) that is produced for food or fiber.
``(B) Crops specifically included.--The term `eligible
crop' shall include floricultural, ornamental nursery, and
Christmas tree crops, turfgrass sod, and industrial crops.
``(3) Cause of loss.--To qualify for assistance under this
section, the losses of the noninsured commodity shall be due
to drought, flood, or other natural disaster, as determined
by the Secretary.
``(b) Application for Noninsured Crop Disaster
Assistance.--
``(1) Timely application.--To be eligible for assistance
under this section, a producer shall submit an application
for noninsured crop disaster assistance at a local office of
the Department. The application shall be in such form,
contain such information, and be submitted at such time as
the Corporation may require.
``(2) Records.--A producer shall annually provide records,
as required by the Corporation, of previous crop acreage,
acreage yields, and production, or the producer shall accept
a yield under subsection (e)(3) determined by the
Corporation.
``(3) Acreage reports.--A producer shall provide reports on
acreage planted or prevented from being planted, as required
by the Corporation, by the designated acreage reporting date
for the crop and location as established by the Corporation.
``(c) Loss Requirements.--
``(1) Required area loss.--A producer of an eligible crop
shall not receive noninsured crop disaster assistance unless
the average yield for that crop, or an equivalent measure in
the event yield data are not available, in an area falls
below 65 percent of the expected area yield, as established
by the Corporation.
``(2) Prevented planting.--Subject to paragraph (1), the
Corporation shall make a prevented planting noninsured crop
disaster assistance payment if the producer is prevented from
planting more than 35 percent of the acreage intended for the
eligible crop because of drought, flood, or other natural
disaster, as determined by the Secretary.
``(3) Reduced yields.--Subject to paragraph (1), the
Corporation shall make a reduced yield noninsured crop
disaster assistance payment to a producer if the total
quantity of the eligible crop that the producer is able to
harvest on any farm is, because of drought, flood, or other
natural disaster as determined by the Secretary, less than 50
percent of the expected individual yield for the crop, as
determined by the Corporation, factored for the interest of
the producer for the crop.
``(d) Payment.--The Corporation shall make available to a
producer eligible for noninsured assistance under this
section a payment computed by multiplying--
``(1) the quantity that is less than 50 percent of the
established yield for the crop; by
``(2)(A) in the case of each of the 1995 through 1998 crop
years, 60 percent of the average market price for the crop
(or any comparable coverage determined by the Corporation);
or
``(B) in the case of each of the 1999 and subsequent crop
years, 55 percent of the average market price for the crop
(or any comparable coverage determined by the Corporation);
by
``(3) a payment rate for the type of crop (as determined by
the Corporation) that--
``(A) in the case of a crop that is produced with a
significant and variable harvesting expense, reflects the
decreasing cost incurred in the production cycle for the crop
that is--
``(i) harvested;
``(ii) planted but not harvested; and
``(iii) prevented from being planted because of drought,
flood, or other natural disaster (as determined by the
Secretary); and
``(B) in the case of a crop that is not produced with a
significant and variable harvesting expense, is determined by
the Corporation.
``(e) Yield Determinations.--
``(1) Establishment.--The Corporation shall establish farm
yields for purposes of providing noninsured crop disaster
assistance under this section.
``(2) Actual production history.--The Corporation shall
determine yield coverage using the actual production history
of the producer over a period of not less than the 4 previous
consecutive crop years and not more than 10 consecutive crop
years. Subject to paragraph (3), the yield for the year in
which noninsured crop disaster assistance is sought shall be
equal to the average of the
[[Page 2274]]
actual production history of the producer during the period
considered.
``(3) Assignment of yield.--If a producer does not submit
adequate documentation of production history to determine a
crop yield under paragraph (2), the Corporation shall assign
to the producer a yield equal to not less than 65 percent of
the transitional yield of the producer (adjusted to reflect
actual production reflected in the records acceptable to the
Corporation for continuous years), as specified in
regulations issued by the Corporation based on production
history requirements.
``(4) Prohibition on assigned yields in certain counties.--
``(A) In general.--
``(i) Documentation.--If sufficient data are available to
demonstrate that the acreage of a crop in a county for the
crop year has increased by more than 100 percent over any
year in the preceding 7 crop years or, if data are not
available, if the acreage of the crop in the county has
increased significantly from the previous crop years, a
producer must provide such detailed documentation of
production costs, acres planted, and yield for the crop year
for which benefits are being claimed as is required by the
Corporation. If the Corporation determines that the
documentation provided is not sufficient, the Corporation may
require documenting proof that the crop, had the crop been
harvested, could have been marketed at a reasonable price.
``(ii) Prohibition.--Except as provided in subparagraph
(B), a producer who produces a crop on a farm located in a
county described in clause (i) may not obtain an assigned
yield.
``(B) Exception.--A crop or a producer shall not be subject
to this subsection if--
``(i) the planted acreage of the producer for the crop has
been inspected by a third party acceptable to the Secretary;
or
``(ii)(I) the County Executive Director and the State
Executive Director recommend an exemption from the
requirement to the Deputy Administrator for State and County
Operations of the Agricultural Stabilization and Conservation
Service; and
``(II) the Deputy Administrator approves the
recommendation.
``(5) Limitation on receipt of subsequent assigned yield.--
A producer who receives an assigned yield for the current
year of a natural disaster because required production
records were not submitted to the local office of the
Department shall not be eligible for an assigned yield for
the year of the next natural disaster unless the required
production records of the previous 1 or more years (as
applicable) are provided to the local office.
``(6) Yield variations due to different farming
practices.--The Corporation shall ensure that noninsured crop
disaster assistance accurately reflects significant yield
variations due to different farming practices, such as
between irrigated and nonirrigated acreage.
``(f) Contract Payments.--A producer who has received a
guaranteed payment for production, as opposed to delivery, of
a crop pursuant to a contract shall have the production of
the producer adjusted upward by the amount of the production
equal to the amount of the contract payment received.
``(g) Payment of Losses.--Payments for noninsured crop
disaster assistance losses under this section shall be made
from the insurance fund established under section 516. The
losses shall not be included in calculating the premiums
charged to producers for insurance under section 508.
``(h) Exclusions.--Noninsured crop disaster assistance
under this section shall not cover losses due to--
``(A) the neglect or malfeasance of the producer;
``(B) the failure of the producer to reseed to the same
crop in those areas and under such circumstances where it is
customary to reseed; or
``(C) the failure of the producer to follow good farming
practices, as determined by the Corporation.''.
SEC. 112. PAYMENT AND INCOME LIMITATIONS.
Section 519 (7 U.S.C. 1519) (as amended by section 111) is
further amended by adding at the end the following new
subsection:
``(h) Payment and Income Limitations.--
``(1) Definitions.--As used in this subsection:
``(A) Person.--The term `person' has the meaning provided
the term in regulations issued by the Secretary. The
regulations shall conform, to the extent practicable, to the
regulations defining the term `person' issued under section
1001 of the Food Security Act of 1985 (7 U.S.C. 1308).
``(B) Qualifying gross revenues.--The term `qualifying
gross revenues' means--
``(i) if a majority of the gross revenue of the person is
received from farming, ranching, and forestry operations, the
gross revenue from the farming, ranching, and forestry
operations of the person; and
``(ii) if less than a majority of the gross revenue of the
person is received from farming, ranching, and forestry
operations, the gross revenue of the person from all sources.
``(2) Payment limitation.--The total amount of payments
that a person shall be entitled to receive annually under
this title may not exceed $100,000.
``(3) Limitation on multiple benefits for same loss.--If a
producer who is eligible to receive benefits under
catastrophic risk protection under section 508(b) or
noninsured crop disaster assistance under this section is
also eligible to receive assistance for the same loss under
any other program administered by the Secretary, the producer
shall be required to elect whether to receive benefits under
this title or under the other program, but not both. A
producer who purchases additional coverage under section
508(c) may also receive assistance for the same loss under
other programs administered by the Secretary, except that the
amount received for the loss under the additional coverage
together with the amount received under the other programs
may not exceed the amount of the actual loss of the producer.
``(4) Income limitation.--A person who has qualifying gross
revenues in excess of the amount specified in section 2266(a)
of the Food, Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C. 1421 note) (as in effect on November 28, 1990)
during the taxable year (as determined by the Secretary)
shall not be eligible to receive any noninsured assistance
payment under this section.
``(5) Regulations.--The Secretary shall issue regulations
prescribing such rules as the Secretary determines necessary
to ensure a fair and equitable application of section 1001 of
the Food Security Act of 1985 (7 U.S.C. 1308), the general
payment limitation regulations of the Secretary, and the
limitations established under this subsection.''.
SEC. 113. PRODUCER ELIGIBILITY.
Section 520 (7 U.S.C. 1520) is amended to read as follows:
``SEC. 520. PRODUCER ELIGIBILITY.
``Except as otherwise provided in this title, a producer
shall not be denied insurance under this title if--
``(1) for purposes of catastrophic risk protection
coverage, the producer is a `person' (as defined by the
Secretary); and
``(2) for purposes of any other plan of insurance, the
producer is 18 years of age and has a bona fide insurable
interest in a crop as an owner-operator, landlord, tenant, or
sharecropper.''.
SEC. 114. INELIGIBILITY FOR CATASTROPHIC RISK AND NONINSURED
ASSISTANCE PAYMENTS.
The Act (7 U.S.C. 1501 et seq.) is amended by adding at the
end the following new section:
``SEC. 521. INELIGIBILITY FOR CATASTROPHIC RISK AND
NONINSURED ASSISTANCE PAYMENTS.
``If the Secretary determines that a person has knowingly
adopted a material scheme or device to obtain catastrophic
risk, additional coverage, or noninsured assistance benefits
under this title to which the person is not entitled, has
evaded this title, or has acted with the purposes of evading
this title, the person shall be ineligible to receive all
benefits applicable to the crop year for which the scheme or
device was adopted. The authority provided by this section
shall be in addition to, and shall not supplant, the
authority provided by section 506(n).''.
SEC. 115. ELIMINATION OF GENDER REFERENCES.
(a) Management of Corporation.--Section 505 (7 U.S.C. 1505)
is amended--
(1) in subsection (a), by striking the third sentence and
inserting ``The Board shall be appointed by, and hold office
at the pleasure of, the Secretary. The Secretary shall not be
a member of the Board.''; and
(2) in subsection (d)--
(A) by striking ``upon him''; and
(B) by striking ``He shall be appointed by,'' and inserting
``The manager shall be appointed by,''.
(b) Personnel.--Section 507 (7 U.S.C. 1507) is amended--
(1) in subsection (a), by striking ``as he may determine:
Provided, That'' and inserting ``as the Secretary may
determine appropriate. However,''; and
(2) in subsection (d), by striking ``as he may request''
and inserting ``that the Secretary requests''.
(c) Indemnities Exempt From Levy.--Section 509 (7 U.S.C.
1509) is amended by striking ``or his estate'' and inserting
``or the estate of the insured''.
SEC. 116. PREVENTED PLANTING.
(a) In General.--Effective for the 1994 crop year, a
producer described in subsection (b) shall receive
compensation under the prevented planting coverage policy
provision described in subsection (b)(1) by--
(1) obtaining from the Secretary of Agriculture the
applicable amount that is payable under the conserving use
program described in subsection (b)(4); and
(2) obtaining from the Federal Crop Insurance Corporation
the amount that is equal to the difference between--
(A) the amount that is payable under the conserving use
program; and
(B) the amount that is payable under the prevented planting
coverage policy.
(b) Eligible Producers.--Subsection (a) shall apply to a
producer who--
(1) purchased a prevented planting policy for the 1994 crop
year from the Federal Crop Insurance Corporation prior to the
spring sales closing date for the 1994 crop year;
(2) is unable to plant a crop due to major, widespread
flooding in the Midwest, or excessive ground moisture, that
occurred prior to the spring sales closing date for the 1994
crop year;
(3) had a reasonable expectation of planting a crop on the
prevented planting acreage for the 1994 crop year; and
(4) participates in a conserving use program established
for the 1994 crop of wheat, feed grains, upland cotton, or
rice established under section 107B(c)(1)(E), 105B(c)(1)(E),
103B(c)(1)(D), or 101B(c)(1)(D), respectively, of the
Agricultural Act of 1949 (7 U.S.C. 1445b-3a(c)(1)(E),
1444f(c)(1)(E), 1444-2(c)(1)(D), or 1441-2(c)(1)(D)).
[[Page 2275]]
(c) Oilseed Prevented Planting Payments.--
(1) In general.--Effective for the 1994 crop year, a
producer of a crop of oilseeds (as defined in section 205(a)
of the Agricultural Act of 1949 (7 U.S.C. 1446f(a))) shall
receive a prevented planting payment for the crop if the
requirements of paragraphs (1), (2), and (3) of subsection
(b) are satisfied.
(2) Source of payment.--The total amount of payments
required under this subsection shall be made by the Federal
Crop Insurance Corporation.
(d) Payment.--A payment under this section may not be made
before October 1, 1994.
SEC. 117. REPORT ON IMPROVING DISSEMINATION OF CROP INSURANCE
INFORMATION.
Not later than 180 days after the date of enactment of this
Act and at the end of each of the 2 1-year periods
thereafter, the Federal Crop Insurance Corporation shall
submit a report to Congress containing a plan to implement a
sound program for producer education regarding the crop
insurance program and for the dissemination of crop insurance
information to producers, as required by section 508(a)(5) of
the Federal Crop Insurance Act (as amended by section 106).
SEC. 118. CROP INSURANCE PROVIDER EVALUATION.
(a) In General.--The Comptroller General of the United
States and the Federal Crop Insurance Corporation (referred
to in this section as the ``Corporation'') shall jointly
evaluate the financial arrangement between the Corporation
and approved insurance providers to determine the quality,
costs, and efficiencies of providing the benefits of multiple
peril crop insurance to producers of agricultural commodities
covered under the Federal Crop Insurance Act (7 U.S.C. 1501
et seq.).
(b) Collection of Information and Proposals.--The
Corporation shall require private insurance providers and
agents to supply, and the private insurance providers and
agents shall supply, records and information necessary to
make the determinations and evaluations required under this
section. The Corporation shall solicit from the approved
insurance providers and agents proposals for modifying or
altering the requirements, regulations, procedures, and
processes related to implementing the Federal Crop Insurance
Act to reduce the operating and administrative costs of the
providers and agents.
(c) Initial Report.--Not later than 180 days after receipt
of information and cost-reduction proposals under subsection
(b), the Corporation shall evaluate the information and
proposals obtained and report the results of the evaluation
to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate.
(d) Final Report.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General and the
Corporation shall submit a final report that provides the
evaluation required under subsection (a) to the Committee on
Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate. In
making the evaluation, the Comptroller General and the
Corporation shall--
(1) consider the changes made by the Corporation in
response to increased program participation resulting from
the enactment of this Act;
(2) include an evaluation and opinion of the accuracy and
reasonableness of--
(A) the average actual costs for approved insurance
providers to deliver multiple peril crop insurance;
(B) the cost per policy of complying with the requirements,
regulations, procedures, and processes of the Federal Crop
Insurance Act;
(C) the cost differences for various provider firm sizes
and any business delivered by the Federal Government;
(D) the adequacy of the standard reimbursement for
potential new providers; and
(E) the identification of any new costs related to the
enactment of this Act not previously identified in the
information reported by the providers;
(3) compare delivery costs of multiple peril crop insurance
to other insurance coverages that the provider may sell and
determine the extent, if any, to which any funds provided to
carry out the Federal Crop Insurance Act are being used to
fund any other business enterprise operated by the provider;
(4)(A) assess alternative methods for reimbursing providers
for reasonable and necessary expenses associated with
delivery of multiple peril crop insurance;
(B) recommend changes under this paragraph that reasonably
demonstrate the need to achieve the greatest operating
efficiencies on the part of the provider and the Corporation
has been recognized; and
(C) identify areas for improved operating efficiencies, if
any, in the requirements made by the Corporation for
compliance and program integrity;
(5) assess the potential for alternative forms of
reinsurance arrangements for providers of different firm
sizes, taking into consideration--
(A) the need to achieve a reasonable return on the capital
of the provider compared to other lines of insurance;
(B) the relative risk borne by the provider for the
different lines of insurance;
(C) the availability and price of commercial reinsurance;
and
(D) any additional costs that may be incurred by the
Federal Government in carrying out the Federal Crop Insurance
Act; and
(6) include an analysis of the effect of the current or
proposed reinsurance arrangements on providers having
different business levels.
(e) Information.--
(1) Privacy.--In conducting the evaluation required by this
section, the Comptroller General and the Corporation shall
maintain the privacy of proprietary information.
(2) Subpoenas.--The Comptroller General shall have the
power to subpoena information relevant to the evaluation
required by this section from any private insurance provider.
The Comptroller General shall allow the Corporation access to
the information subpoenaed taking into consideration the
necessity of preserving the privacy of proprietary
information.
SEC. 119. CONFORMING AMENDMENTS.
(a) Price Support Programs.--
(1) In general.--Title IV of the Agricultural Act of 1949
(7 U.S.C. 1421 et seq.) is amended by adding at the end the
following new section:
``SEC. 427. CROP INSURANCE REQUIREMENT.
``As a condition of receiving any benefit (including
payments) under title I or II for each of the 1995 and
subsequent crops of tobacco, rice, extra long staple cotton,
upland cotton, feed grains, wheat, peanuts, oilseeds, and
sugar, a producer must obtain at least catastrophic risk
protection insurance coverage under section 508 of the
Federal Crop Insurance Act (7 U.S.C. 1508) for the crop and
crop year for which the benefit is sought, if the coverage is
offered by the Corporation.''.
(2) Rice.--Section 101B(c) of such Act (7 U.S.C. 1441-2(c))
is amended--
(A) in paragraph (1), by striking subparagraph (F); and
(B) by striking paragraph (2) and inserting the following
new paragraph:
``(2) Crop insurance requirement.--A producer shall obtain
catastrophic risk protection insurance coverage in accordance
with section 427.''.
(3) Upland cotton.--Section 103B(c) of such Act (7 U.S.C.
1444-2(c)) is amended--
(A) in paragraph (1), by striking subparagraph (F); and
(B) by striking paragraph (2) and inserting the following
new paragraph:
``(2) Crop insurance requirement.--A producer shall obtain
catastrophic risk protection insurance coverage in accordance
with section 427.''.
(4) Feed grains.--Section 105B(c) of such Act (7 U.S.C.
1444f(c)) is amended--
(A) in paragraph (1), by striking subparagraph (G); and
(B) by striking paragraph (2) and inserting the following
new paragraph:
``(2) Crop insurance requirement.--A producer shall obtain
catastrophic risk protection insurance coverage in accordance
with section 427.''.
(5) Wheat.--Section 107B(c) of such Act (7 U.S.C. 1445b-
3a(c)) is amended--
(A) in paragraph (1), by striking subparagraph (G); and
(B) by striking paragraph (2) and inserting the following
new paragraph:
``(2) Crop insurance requirement.--A producer shall obtain
catastrophic risk protection insurance coverage in accordance
with section 427.''.
(6) Disaster payments.--Section 208 of such Act (7 U.S.C.
1446i) is repealed.
(b) Farmers Home Administration Programs.--The Consolidated
Farm and Rural Development Act (7 U.S.C. 1921 et seq.) is
amended by adding at the end the following new section:
``SEC. 371. CROP INSURANCE REQUIREMENT.
``(a) In General.--As a condition of obtaining any benefit
(including a direct loan, loan guarantee, or payment)
described in subsection (b), a borrower must obtain at least
catastrophic risk protection insurance coverage under section
508 of the Federal Crop Insurance Act (7 U.S.C. 1508) for the
crop and crop year for which the benefit is sought, if the
coverage is offered by the Corporation.
``(b) Applicable Benefits.--Subsection (a) shall apply to--
``(1) a farm ownership loan (FO) under section 303;
``(2) an operating loan (OL) under section 312; and
``(3) an emergency loan (EM) under section 321.''.
(c) Disaster Assistance.--Subtitle B of title XXII of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 1421 note) is amended by striking chapter 3.
(d) Emergency Appropriations.--
(1) In general.--Effective January 1, 1995, section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(b)(2)(D)(i)) is amended by
adding at the end the following new sentence: ``This
subparagraph shall not apply to appropriations to cover
agricultural crop disaster assistance.''.
(2) Emergency legislation.--Effective January 1, 1995,
section 252(e) of such Act (2 U.S.C. 902(e)) is amended by
adding at the end the following new sentence: ``This
subsection shall not apply to direct spending provisions to
cover agricultural crop disaster assistance.''.
(e) False Statements.--Section 1014 of title 18, United
States Code, is amended by inserting ``or a company the
Corporation reinsures'' after ``Federal Crop Insurance
Corporation''.
(f) Technical Amendments.--
(1) The first sentence of section 506(d) (7 U.S.C. 1506(d))
is amended by striking ``508(f)'' and inserting ``508(j)''.
(2) The last sentence of section 507(c) (7 U.S.C. 1507(c))
is amended by striking ``508(b)'' and inserting ``508(h)''.
(3) Section 518 (7 U.S.C. 1518) is amended by striking
``(k)'' and inserting ``(m)''.
[[Page 2276]]
SEC. 120. EFFECTIVE DATE.
Except as otherwise provided in this title, this title and
the amendments made by this title shall become effective on
the date of enactment of this Act and shall apply to the
provision of crop insurance under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.) beginning with the 1995 crop
year. With respect to the 1994 crop year, the Federal Crop
Insurance Act (as in effect on the day before the date of
enactment of this Act) shall continue to apply.
TITLE II--DEPARTMENT OF AGRICULTURE REORGANIZATION
SEC. 201. SHORT TITLE.
(a) Short Title.--This title may be cited as the
``Department of Agriculture Reorganization Act of 1994''.
SEC. 202. PURPOSE.
The purpose of this title is to provide the Secretary of
Agriculture with the necessary authority to streamline and
reorganize the Department of Agriculture to achieve greater
efficiency, effectiveness, and economies in the organization
and management of the programs and activities carried out by
the Department.
SEC. 203. DEFINITIONS.
Except where the context requires otherwise, for purposes
of this title:
(1) Department.--The term ``Department'' means the
Department of Agriculture.
(2) National appeals division.--The term ``National Appeals
Division'' means the National Appeals Division of the
Department established under section 272.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(4) Function.--The term ``function'' means an
administrative, financial, or regulatory activity of an
agency, office, officer, or employee of the Department.
Subtitle A--General Reorganization Authorities
SEC. 211. TRANSFER OF DEPARTMENT FUNCTIONS TO SECRETARY OF
AGRICULTURE.
(a) Transfer of Functions.--Except as provided in
subsection (b), there are transferred to the Secretary of
Agriculture all functions of all agencies, offices, officers,
and employees of the Department that are not already vested
in the Secretary on the date of the enactment of this Act.
(b) Exceptions.--Subsection (a) shall not apply to the
following functions:
(1) Functions vested by subchapter II of chapter 5 of title
5, United States Code, in administrative law judges employed
by the Department.
(2) Functions vested by the Inspector General Act of 1978
(5 U.S.C. App.) in the Inspector General of the Department.
(3) Functions vested by chapter 9 of title 31, United
States Code, in the Chief Financial Officer of the
Department.
(4) Functions vested in the corporations of the Department
or the boards of directors and officers of such corporations.
(5) Functions vested in the Alternative Agricultural
Research and Commercialization Board by the Alternative
Agricultural Research and Commercialization Act of 1990 (7
U.S.C. 5901 et seq.).
SEC. 212. AUTHORITY OF SECRETARY TO DELEGATE TRANSFERRED
FUNCTIONS.
(a) Delegation of Authority.--
(1) Delegation authorized.--Subject to paragraph (2), the
Secretary may delegate to any agency, office, officer, or
employee of the Department the authority to perform any
function transferred to the Secretary under section 211(a) or
any other function vested in the Secretary as of the date of
the enactment of this Act. The authority provided in the
preceding sentence includes the authority to establish,
consolidate, alter, or discontinue any agency, office, or
other administrative unit of the Department.
(2) Condition on authority.--The delegation authority
provided by paragraph (1) shall be subject to--
(A) sections 232, 251(d), 273, and 304 and subsections (a)
and (b)(1) of section 261;
(B) sections 502 and 503 of the Agricultural Trade Act of
1978 (7 U.S.C. 5692 and 5693); and
(C) section 8(b)(5) of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590h(b)(5)).
(b) Cost-Benefit Analysis Required for Name Change.--
(1) Analysis required.--Except as provided in paragraph
(2), the Secretary shall conduct a cost-benefit analysis
before changing the name of any agency, office, division, or
other unit of the Department to ensure that the benefits to
be derived from changing the name of the agency, office,
division, or other unit outweigh the expense of executing the
name change.
(2) Exception.--Paragraph (1) shall not apply with respect
to any name change required or authorized by this title.
(c) Public Comment on Proposed Reorganization.--To the
extent that the implementation of the authority provided to
the Secretary by this title to reorganize the Department
involves the creation of new agencies or offices within the
Department or the delegation of major functions or major
groups of functions to any agency or office of the Department
(or the officers or employees of such agency or office), the
Secretary shall, to the extent considered practicable by the
Secretary--
(1) give appropriate advance public notice of the proposed
reorganization action or delegation; and
(2) afford appropriate opportunity for interested parties
to comment on the proposed reorganization action or
delegation.
(d) Interagency Transfer of Records, Property, Personnel,
and Funds.--
(1) Related transfers.--Subject to paragraph (2), as part
of the transfer or delegation of a function of the Department
made or authorized by this title, the Secretary may transfer
within the Department--
(A) any of the records, property, or personnel affected by
the transfer or delegation of the function; and
(B) unexpended balances (available or to be made available
for use in connection with the transferred or delegated
function) of appropriations, allocations, or other funds of
the Department.
(2) Applicable law relating to funds transfer.--Section
1531 of title 31, United States Code, shall apply to any
transfer of funds under paragraph (1).
(e) Exhaustion of Administrative Appeals.--Notwithstanding
any other provision of law, a person shall exhaust all
administrative appeal procedures established by the Secretary
or required by law before the person may bring an action in a
court of competent jurisdiction against--
(1) the Secretary;
(2) the Department; or
(3) an agency, office, officer, or employee of the
Department.
SEC. 213. REDUCTIONS IN NUMBER OF DEPARTMENT PERSONNEL.
(a) Definitions.--For purposes of this section:
(1) Headquarters offices.--The term ``headquarters
offices'', with respect to agencies, offices, or other
administrative units of the Department, means the offices,
functions, and employee positions that are located or
performed--
(A) in Washington, District of Columbia; or
(B) in such other locations as are identified by the
Secretary for purposes of this section.
(2) Field structure.--The term ``field structure'' means
the offices, functions, and employee positions of all
agencies, offices, or other administrative units of the
Department, other than the headquarters offices, except that
the term does not include State, county, or area committees
established under section 8(b)(5) of the Soil Conservation
and Domestic Allotment Act (16 U.S.C. 590h(b)(5)). The term
includes the physical and geographic locations of such
agencies, offices, or other administrative units.
(b) Number of Reductions Required.--The Secretary shall
achieve Federal employee reductions of at least 7,500 staff
years within the Department by the end of fiscal year 1999.
Reductions in the number of full-time equivalent positions
within the Department achieved under section 5 of the Federal
Workforce Restructuring Act of 1994 (Public Law 103-226; 108
Stat. 115; 5 U.S.C. 3101 note) shall be counted toward the
employee reductions required under this section.
(c) Emphasis on Headquarters Offices Reductions.--In
achieving the employee reductions required by subsection (b),
the Secretary shall pursue a goal so that the percentage of
the total number of employee staff years reduced in
headquarters offices is at least twice the percentage of the
total number of employee staff years reduced in the field
structure.
(d) Schedule.--The personnel reductions in headquarters
offices and in the field structure should be accomplished
concurrently in a manner determined by the Secretary.
SEC. 214. CONSOLIDATION OF HEADQUARTERS OFFICES.
Subject to the availability of appropriated funds for this
purpose, the Secretary shall develop and carry out a plan to
consolidate offices located in Washington, District of
Columbia, of agencies, offices, and other administrative
units of the Department.
SEC. 215. COMBINATION OF FIELD OFFICES.
(a) Combination of Offices Required.--Where practicable and
to the extent consistent with efficient, effective, and
improved service, the Secretary shall combine field offices
of agencies within the Department to reduce personnel and
duplicative overhead expenses.
(b) Joint Use of Resources and Offices Required.--When two
or more agencies of the Department share a common field
office, the Secretary shall require the agencies to jointly
use office space, equipment, office supplies, administrative
personnel, and clerical personnel associated with that field
office.
SEC. 216. IMPROVEMENT OF INFORMATION SHARING.
Whenever the Secretary procures or uses computer systems,
as may be provided for in advance in appropriations Acts, the
Secretary shall do so in a manner that enhances efficiency,
productivity, and client services and is consistent with the
goal of promoting computer information sharing among agencies
of the Department.
SEC. 217. REPORTS BY THE SECRETARY.
(a) In General.--Subject to subsection (b), notwithstanding
any other provision of law, the Secretary may, but shall not
be required to, prepare and submit any report solely to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate.
(b) Limitation.--For each fiscal year, the Secretary may
not prepare and submit more than 30 reports referred to in
subsection (a).
(c) Selection of Reports.--In consultation with the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate, the Secretary shall determine which reports, if any,
the Secretary will prepare and submit in accordance with
subsection (b).
[[Page 2277]]
SEC. 218. ASSISTANT SECRETARIES OF AGRICULTURE.
(a) Authorization.--The Secretary is authorized to
establish in the Department the positions of--
(1) Assistant Secretary of Agriculture for Congressional
Relations;
(2) Assistant Secretary of Agriculture for Administration;
and
(3) Assistant Secretary of Agriculture for Marketing and
Regulatory Programs.
(b) Confirmation Required.--If the Secretary establishes
any position of Assistant Secretary authorized under
subsection (a), the Assistant Secretary shall be appointed by
the President, by and with the advice and consent of the
Senate.
(c) Succession.--Any official who is serving as Assistant
Secretary of Agriculture for Administration or Assistant
Secretary of Agriculture for Congressional Relations on the
date of the enactment of this Act and who was appointed as
such Assistant Secretary by the President, by and with the
advice and consent of the Senate, shall not be required to be
reappointed under subsection (b) to the successor position
authorized under subsection (a) if the Secretary establishes
the position, and the official occupies the new position,
within 180 days after the date of the enactment of this Act
(or such later date set by the Secretary if litigation delays
rapid succession).
(d) Executive Schedule.--Section 5315 of title 5, United
States Code, is amended by striking ``Assistant Secretaries
of Agriculture (7).'' and inserting ``Assistant Secretaries
of Agriculture (3).''.
(e) Repeal of Superseded Provisions Regarding Assistant
Secretaries.--The following provisions of law are repealed:
(1) Section 2 of Reorganization Plan No. 2 of 1953 (5
U.S.C. App; 7 U.S.C. 2201 note).
(2) Section 2 of the Act entitled ``An Act to enlarge the
powers and duties of the Department of Agriculture and to
create an Executive Department to be known as the Department
of Agriculture.'', approved February 9, 1889 (7 U.S.C. 2212).
(3) The first paragraph designated ``Office of the
Secretary:'' under the heading ``DEPARTMENT OF AGRICULTURE''
of the Act entitled ``An Act making appropriations for the
Department of Agriculture for the fiscal year ending June
thirtieth, nineteen hundred and seven.'', approved June 30,
1906 (34 Stat. 670; 7 U.S.C. 2212).
(4) Section 604(a) of the Rural Development Act of 1972 (7
U.S.C. 2212a).
(5) Section 2 of Public Law 94-561 (7 U.S.C. 2212b).
(6) Section 8(a) of Public Law 97-325 (7 U.S.C. 2212c).
(7) Section 1413(d) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3128(d)).
SEC. 219. PAY INCREASES PROHIBITED.
The compensation of any officer or employee of the
Department on the date of the enactment of this Act shall not
be increased as a result of the enactment of this title.
Subtitle B--Farm and Foreign Agricultural Services
SEC. 225. UNDER SECRETARY OF AGRICULTURE FOR FARM AND FOREIGN
AGRICULTURAL SERVICES.
(a) Authorization.--The Secretary is authorized to
establish in the Department the position of Under Secretary
of Agriculture for Farm and Foreign Agricultural Services.
(b) Confirmation Required.--If the Secretary establishes
the position of Under Secretary of Agriculture for Farm and
Foreign Agricultural Services authorized under subsection
(a), the Under Secretary shall be appointed by the President,
by and with the advice and consent of the Senate.
(c) Functions of Under Secretary.--
(1) Principal functions.--Upon establishment, the Secretary
shall delegate to the Under Secretary of Agriculture for Farm
and Foreign Agricultural Services those functions under the
jurisdiction of the Department that are related to farm and
foreign agricultural services.
(2) Additional functions.--The Under Secretary of
Agriculture for Farm and Foreign Agricultural Services shall
perform such other functions as may be required by law or
prescribed by the Secretary.
(d) Succession.--Any official who is serving as Under
Secretary of Agriculture for International Affairs and
Commodity Programs on the date of the enactment of this Act
and who was appointed by the President, by and with the
advice and consent of the Senate, shall not be required to be
reappointed under subsection (b) to the successor position
authorized under subsection (a) if the Secretary establishes
the position, and the official occupies the new position,
within 180 days after the date of the enactment of this Act
(or such later date set by the Secretary if litigation delays
rapid succession).
(e) Conforming Amendments.--
(1) Existing position.--Section 501 of the Agricultural
Trade Act of 1978 (7 U.S.C. 5691), relating to the Under
Secretary of Agriculture for International Affairs and
Commodity Programs, is repealed.
(2) Executive schedule.--Section 5314 of title 5, United
States Code, is amended by striking ``Under Secretary of
Agriculture for International Affairs and Commodity
Programs.'' and inserting ``Under Secretary of Agriculture
for Farm and Foreign Agricultural Services.''.
SEC. 226. CONSOLIDATED FARM SERVICE AGENCY.
(a) Establishment.--The Secretary is authorized to
establish and maintain in the Department a Consolidated Farm
Service Agency.
(b) Functions of Consolidated Farm Service Agency.--If the
Secretary establishes the Consolidated Farm Service Agency
under subsection (a), the Secretary is authorized to assign
to the Agency jurisdiction over the following functions:
(1) Agricultural price and income support programs,
production adjustment programs, and related programs.
(2) General supervision of the Federal Crop Insurance
Corporation.
(3) Agricultural credit programs assigned before the date
of the enactment of this Act by law to the Farmers Home
Administration (including farm ownership and operating,
emergency, and disaster loan programs) and other lending
programs for agricultural producers and others engaged in the
production of agricultural commodities.
(4) Subchapter B of chapter 1 of subtitle D of title XII of
the Food Security Act of 1985 (16 U.S.C. 3831-3836) and the
agricultural conservation program under the Soil Conservation
and Domestic Allotment Act (16 U.S.C. 590g et seq.).
(5) Such other functions as the Secretary considers
appropriate, except for those programs assigned by the
Secretary to the Natural Resources Conservation Service or
another agency of the Department under section 246(b).
(c) Special Concurrence Requirements for Certain
Functions.--In carrying out the programs specified in
subsection (b)(4), the Secretary shall--
(1) acting on the recommendations of the Consolidated Farm
Service Agency, with the concurrence of the Natural Resources
Conservation Service, issue regulations to carry out such
programs;
(2) ensure that the Consolidated Farm Service Agency, in
establishing policies, priorities, and guidelines for such
programs, does so with the concurrence of the Natural
Resources Conservation Service at national, State, and local
levels;
(3) ensure that, in reaching such concurrence at the local
level, the Natural Resources Conservation Service works in
cooperation with Soil and Water Conservation Districts or
similar organizations established under State law;
(4) ensure that officials of county and area committees
established under section 8(b)(5) of the Soil Conservation
and Domestic Allotment Act (16 U.S.C. 590h(b)(5)) meet
annually with officials of such Districts or similar
organizations to consider local conservation priorities and
guidelines; and
(5) take steps to ensure that the concurrence process does
not interfere with the effective delivery of such programs.
(d) Jurisdiction Over Conservation Program Appeals.--
(1) In general.--Until such time as an adverse decision
described in this paragraph is referred to the National
Appeals Division for consideration, the Consolidated Farm
Service Agency shall have initial jurisdiction over any
administrative appeal resulting from an adverse decision made
under title XII of the Food Security Act of 1985 (16 U.S.C.
3801 et seq.), including an adverse decision involving
technical determinations made by the Natural Resources
Conservation Service.
(2) Treatment of technical determination.--With respect to
administrative appeals involving a technical determination
made by the Natural Resources Conservation Service, the
Consolidated Farm Service Agency, by rule with the
concurrence of the Natural Resources Conservation Service,
shall establish procedures for obtaining review by the
Natural Resources Conservation Service of the technical
determinations involved. Such rules shall ensure that
technical criteria established by the Natural Resources
Conservation Service shall be used by the Consolidated Farm
Service Agency as the basis for any decisions regarding
technical determinations. If no review is requested, the
technical determination of the Natural Resources Conservation
Service shall be the technical basis for any decision
rendered by a county or area committee established under
section 8(b)(5) of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590h(b)(5)). If the committee
requests a review by the Natural Resources Conservation
Service of a wetlands determination of the Service, the
Consolidated Farm Service Agency shall consult with other
Federal agencies whenever required by law or under a
memorandum of agreement in existence on the date of the
enactment of this Act.
(3) Reinstatement of program benefits.--Rules issued to
carry out this subsection shall provide for the prompt
reinstatement of benefits to a producer who is determined in
an administrative appeal to meet the requirements of title
XII of the Food Security Act of 1985 applicable to the
producer.
(e) Use of Federal and Non-Federal Employees.--
(1) Use authorized.--In the implementation of programs and
activities assigned to the Consolidated Farm Service Agency,
the Secretary may use interchangeably in local offices of the
Agency both Federal employees of the Department and non-
Federal employees of county and area committees established
under section 8(b)(5) of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590h(b)(5)).
(2) Exception.--Notwithstanding paragraph (1), no personnel
action (as defined in section 2302(a)(2)(A) of title 5,
United States Code) may be taken with respect to a Federal
employee unless such action is taken by another Federal
employee.
[[Page 2278]]
(f) Collocation.--To the maximum extent practicable, the
Secretary shall collocate county offices of the Consolidated
Farm Service Agency with county offices of the Natural
Resources Conservation Service in order to--
(1) maximize savings from shared equipment, office space,
and administrative support;
(2) simplify paperwork and regulatory requirements;
(3) provide improved services to agricultural producers and
landowners affected by programs administered by the Agency
and the Service; and
(4) achieve computer compatibility between the Agency and
the Service to maximize efficiency and savings.
(g) Savings Provision.--For purposes of subsections (c)
through (f) of this section:
(1) A reference to the ``Consolidated Farm Service Agency''
includes any other office, agency, or administrative unit of
the Department assigned the functions authorized for the
Consolidated Farm Service Agency under this section.
(2) A reference to the ``Natural Resources Conservation
Service'' includes any other office, agency, or
administrative unit of the Department assigned the functions
authorized for the Natural Resources Conservation Service
under section 246(b).
(h) Conforming Amendment.--Section 331(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1981(a)) is amended by striking ``assets to the Farmers Home
Administration'' and all that follows through the period at
the end of the subsection and inserting ``assets to such
officers or agencies of the Department of Agriculture as the
Secretary considers appropriate.''.
SEC. 227. STATE, COUNTY, AND AREA COMMITTEES.
(a) Committees Under the Soil Conservation and Domestic
Allotment Act.--Section 8(b) of the Soil Conservation and
Domestic Allotment Act (16 U.S.C. 590h(b)) is amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by designating the second through eighth undesignated
paragraphs as paragraphs (2) through (8), respectively; and
(3) by striking paragraph (5) (as so designated) and
inserting the following new paragraph:
``(5) State, county, and area committees.--
``(A) Appointment of state committees.--The Secretary shall
appoint in each State a State committee composed of not fewer
than 3 nor more than 5 members who are fairly representative
of the farmers in the State. The members of a State committee
shall serve at the pleasure of the Secretary for such term as
the Secretary may establish.
``(B) Establishment of county, area, or local committees.--
(i) In each county or area in which activities are carried
out under this section, the Secretary shall establish a
county or area committee.
``(ii) Any such committee shall consist of not fewer than 3
nor more than 5 members who are fairly representative of the
agricultural producers in the county or area and who shall be
elected by the agricultural producers in such county or area
under such procedures as the Secretary may prescribe.
``(iii) The Secretary may designate local administrative
areas within the county or larger area covered by a committee
established under clause (i). Only agricultural producers
within a local administrative area who participate or
cooperate in programs administered within their area shall be
eligible for nomination and election to the local committee
for that area, under such regulations as the Secretary may
prescribe.
``(iv) The Secretary shall solicit and accept nominations
from organizations representing the interests of socially
disadvantaged groups (as defined in section 355(e)(1) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
2003(e)(1)).
``(v) Members of each county, area, or local committee
shall serve for terms not to exceed 3 years.
``(C) Termination or combination of committees.--The
Secretary may not terminate a county or area committee or
combine or consolidate two or more county or area committees
unless--
``(i) the Secretary first notifies the committee or
committees involved of the proposed action; and
``(ii) the State committee of the State in which the
affected counties are located approves of such action in a
vote taken after the end of the 60-day period beginning on
the date the notification is received.
``(D) Use of committees.--The Secretary shall use the
services of such committees in carrying out programs under
this section and the agricultural credit programs under the
Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
seq.) and in considering administrative appeals as provided
by section 226(d) of the Department of Agriculture
Reorganization Act of 1994. The Secretary may use the
services of such committees in carrying out programs under
other authorities administered by the Secretary .
``(E) Regulations.--The Secretary shall issue such
regulations as the Secretary considers necessary relating to
the selection and exercise of the functions of the respective
committees, and to the administration through such committees
of the programs described in subparagraph (D). Pursuant to
such regulations, each county and area committee shall select
an executive director for the area or county. Such selection
shall be made in the same manner as provided for the
selection of the county executive director under section
7.21(b)(2) of title 7, Code of Federal Regulations, as in
effect on January 1, 1994. Regulations governing payments or
grants under this subsection shall be as simple and direct as
possible, and, whenever practicable, they shall be classified
on the following two bases:
``(i) Soil-depleting practices.
``(ii) Soil-building practices.
``(F) Mandatory duties of secretary.--In carrying out this
section, the Secretary shall--
``(i) insofar as practicable, protect the interests of
tenants and sharecroppers;
``(ii) accord such encouragement to producer-owned and
producer-controlled cooperative associations as will be in
harmony with the policy toward cooperative associations set
forth in Federal laws and as will tend to promote efficient
methods of marketing and distribution;
``(iii) in every practicable manner, protect the interests
of small producers; and
``(iv) in every practical way, encourage and provide for
soil-conserving and soil-rebuilding practices.
``(G) Discretionary authorities of secretary.--In carrying
out this section, the Secretary may use other approved
agencies.
``(H) Limitations.--In carrying out this section, the
Secretary shall not have the authority to acquire any land or
any right or interest in land.''.
(b) Elimination of FmHA County Committees.--The
Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
seq.) is amended--
(1) by striking section 332 (7 U.S.C. 1982); and
(2) in section 333 (7 U.S.C. 1983)--
(A) by striking paragraph (2); and
(B) redesignating paragraphs (3), (4), and (5) as
paragraphs (2), (3), and (4), respectively.
Subtitle C--Rural Economic and Community Development
SEC. 231. UNDER SECRETARY OF AGRICULTURE FOR RURAL ECONOMIC
AND COMMUNITY DEVELOPMENT.
(a) Authorization.--The Secretary is authorized to
establish in the Department the position of Under Secretary
of Agriculture for Rural Economic and Community Development.
(b) Confirmation Required.--If the Secretary establishes
the position of Under Secretary of Agriculture for Rural
Economic and Community Development authorized under
subsection (a), the Under Secretary shall be appointed by the
President, by and with the advice and consent of the Senate.
(c) Functions of Under Secretary.--
(1) Principal functions.--Upon establishment, the Secretary
shall delegate to the Under Secretary of Agriculture for
Rural Economic and Community Development those functions
under the jurisdiction of the Department that are related to
rural economic and community development.
(2) Additional functions.--The Under Secretary of
Agriculture for Rural Economic and Community Development
shall perform such other functions as may be required by law
or prescribed by the Secretary.
(d) Succession.--Any official who is serving as Under
Secretary of Agriculture for Small Community and Rural
Development on the date of the enactment of this Act and who
was appointed by the President, by and with the advice and
consent of the Senate, shall not be required to be
reappointed under subsection (b) to the successor position
authorized under subsection (a) if the Secretary establishes
the position, and the official occupies the new position,
within 180 days after the date of the enactment of this Act
(or such later date set by the Secretary if litigation delays
rapid succession).
(e) Loan Approval Authority.--Approval authority for loans
and loan guarantees in connection with the electric and
telephone loan and loan guarantee programs authorized by the
Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.)
shall not be transferred to, or conditioned on review of, a
State director or other employee whose primary duty is not
the review and approval of such loans or the provision of
assistance to such borrowers.
(f) Conforming Amendments.--
(1) Existing position.--Section 3 of the Rural Development
Policy Act of 1980 (7 U.S.C. 2211b) is amended by striking
subsection (a).
(2) Executive schedule.--Section 5314 of title 5, United
States Code, is amended by striking ``Under Secretary of
Agriculture for Small Community and Rural Development.'' and
inserting ``Under Secretary of Agriculture for Rural Economic
and Community Development.''.
(3) Repeal of rural development administration.--Section
364 of the Consolidated Farm and Rural Development Act (7
U.S.C. 2006f) is repealed.
SEC. 232. RURAL UTILITIES SERVICE.
(a) Establishment Required.--The Secretary shall establish
and maintain within the Department the Rural Utilities
Service and assign to the Service such functions as the
Secretary considers appropriate.
(b) Administrator.--
(1) Appointment.--The Rural Utilities Service shall be
headed by an Administrator who shall be appointed by the
President, by and with the advice and consent of the Senate.
(2) Succession.--Any official who is serving as
Administrator of the Rural Electrification Administration on
the date of the enactment of this Act and who was appointed
by the President, by and with the advice and consent of the
Senate--
[[Page 2279]]
(A) may be considered to be serving in the successor
position established under paragraph (1); and
(B) shall not be required to be reappointed to that
position by reason of the enactment of this Act.
(3) Executive schedule.--Section 5315 of title 5, United
States Code, is amended by adding at the end the following:
``Administrator, Rural Utilities Service, Department of
Agriculture.''.
(c) Functions.--The Secretary shall carry out through the
Rural Utilities Service the following functions that are
under the jurisdiction of the Department:
(1) Electric and telephone loan programs and water and
waste facility activities authorized by law, including--
(A) the Rural Electrification Act of 1936 (7 U.S.C. 901 et
seq.); and
(B) section 2322 of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 1926-1); and
(2) Water and waste facility programs and activities
authorized by law, including--
(A) sections 306, 306A, 306B, and 306C, the provisions of
sections 309 and 309A relating to assets, terms, and
conditions of water and sewer programs, section 310B(b)(2),
and the amendment made by section 342 of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1926, 1926a, 1926b,
1926c, 1929, 1929a, 1932(b)(2), and 1013a); and
(B) section 2324 of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 1926 note).
SEC. 233. RURAL HOUSING AND COMMUNITY DEVELOPMENT SERVICE.
(a) Establishment Authorized.--Notwithstanding any other
provision of law, the Secretary is authorized to establish
and maintain within the Department the Rural Housing and
Community Development Service and to assign to the Service
such functions as the Secretary considers appropriate.
(b) Functions.--If the Secretary establishes the Rural
Housing and Community Development Service under subsection
(a), the Secretary is authorized to assign to the Service
jurisdiction over the following:
(1) Programs and activities under title V of the Housing
Act of 1949 (42 U.S.C. 1471 et seq.).
(2) Programs and activities authorized under section
310B(i) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1932(i)) and related provisions of law.
(3) Programs and activities that relate to rural community
lending programs, including programs authorized by sections
365 through 369 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2008-2008d).
SEC. 234. RURAL BUSINESS AND COOPERATIVE DEVELOPMENT SERVICE.
(a) Establishment Authorized.--Notwithstanding any other
provision of law, the Secretary is authorized to establish
and maintain within the Department the Rural Business and
Cooperative Development Service and to assign to the Service
such functions as the Secretary considers appropriate.
(b) Functions.--If the Secretary establishes the Rural
Business and Cooperative Development Service under subsection
(a), the Secretary is authorized to assign to the Service
jurisdiction over the following:
(1) Section 313 and title V of the Rural Electrification
Act of 1936 (7 U.S.C. 940c and 950aa et seq.).
(2) subtitle G of title XVI of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5901 et seq.).
(3) Sections 306(a)(1) and 310B of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1926(a)(1) and 1932).
(4) Section 1323 of the Food Security Act of 1985 (Public
Law 99-198; 7 U.S.C. 1932 note).
(5) The Act of July 2, 1926 (44 Stat. 802, chapter 725; 7
U.S.C. 451 et seq.).
SEC. 235. CONFORMING AMENDMENTS REGARDING RURAL
ELECTRIFICATION ADMINISTRATION.
(a) Amendments to Rural Electrification Act of 1936.--The
Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.) is
amended--
(1) by striking the first section (7 U.S.C. 901) and
inserting the following:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Rural Electrification Act
of 1936'.'';
(2) in section 2(a) (7 U.S.C. 902(a)), by striking
``Administrator'' and inserting ``Secretary of Agriculture'';
(3) in section 3(a) (7 U.S.C. 903(a))--
(A) by striking ``Administrator, upon the request and
approval of the Secretary of Agriculture,'' and inserting
``Secretary''; and
(B) by striking ``Administrator appointed pursuant to the
provisions of this Act or from the Administrator of the Rural
Electrification Administration established by Executive Order
Numbered 7037'' and inserting ``Secretary'';
(4) in section 8 (7 U.S.C. 908)--
(A) by striking ``Administrator authorized to be appointed
by this Act'' and inserting ``Secretary''; and
(B) by striking ``Rural Electrification Administration
created by this Act'' and inserting ``Secretary'';
(5) by striking section 11A (7 U.S.C. 911a);
(6) in section 13 (7 U.S.C. 913), by inserting before the
period at the end the following: ``; and the term `Secretary'
shall be deemed to mean the Secretary of Agriculture'';
(7) in sections 206(b)(2), 306A(b), 311, and 405(b)(1)(A)
(7 U.S.C. 927(b)(2), 936a(b), 940a, and 945(b)(1)(A)), by
striking ``Rural Electrification Administration'' each place
it appears and inserting ``Secretary'';
(8) in sections 305(c)(2)(C)(ii)(II) and 306E(d) (7 U.S.C.
935(c)(2)(C)(ii)(II) and 936e(d)), by striking
``Administrator'' and inserting ``Secretary'';
(9) in section 403(b) (7 U.S.C. 943(b)), by striking
``Rural Electrification Administration or of any other agency
of the Department of Agriculture,'' and inserting
``Secretary,'';
(10) in section 404 (7 U.S.C. 944), by striking ``the
Administrator of the Rural Electrification Administration''
and inserting ``the Secretary shall designate an official of
the Department of Agriculture who'';
(11) in sections 406(c) and 410 (7 U.S.C. 946(c) and 950),
by striking ``Administrator of the Rural Electrification
Administration'' each place it appears and inserting
``Secretary'';
(12) in the heading of section 501 (7 U.S.C. 950aa), by
striking ``of rea administrator''; and
(13) except as otherwise provided in this subsection, by
striking ``Administrator'' each place it appears in such Act
and inserting ``Secretary''.
(b) Miscellaneous Amendments.--(1) Section 236(a) of the
Disaster Relief Act of 1970 (7 U.S.C. 912a) is amended by
striking ``Rural Electrification Administration'' and
inserting ``Secretary under the Rural Electrification Act of
1936 (7 U.S.C. 901 et seq.)''.
(2) Section 505 of the Department of Agriculture Organic
Act of 1944 (7 U.S.C. 915) is amended--
(A) by striking ``Rural Electrification Administration''
and inserting ``Secretary of Agriculture''; and
(B) by striking ``its'' and inserting ``the Secretary's''.
(3) Section 401 of the Rural Electrification Act of 1938 (7
U.S.C. 903 note) is amended in the second paragraph by
striking ``Administrator of the Rural Electrification
Administration'' and inserting ``Secretary of Agriculture''.
(4) Chapter 1 of subtitle D of title XXIII of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
950aaa et seq.), relating to Distance Learning and Medical
Link Programs, is amended--
(A) in section 2333--
(i) by striking paragraph (1); and
(ii) by redesignating paragraphs (2) through (11) as
paragraphs (1) through (10), respectively;
(B) in section 2334(h)(2), by striking ``section
2333(3)(F)'' and inserting ``section 2333(2)(F)''; and
(C) by striking ``Administrator'' each place it appears and
inserting ``Secretary''.
(5) Section 306(a)(15) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(15)) is amended--
(A) by striking subparagraph (C); and
(B) by redesignating subparagraph (D) as subparagraph (C).
(6) Section 2322(d) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 1926-1(d)) is amended--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph (2).
Subtitle D--Food, Nutrition, and Consumer Services
SEC. 241. UNDER SECRETARY OF AGRICULTURE FOR FOOD, NUTRITION,
AND CONSUMER SERVICES.
(a) Authorization.--The Secretary is authorized to
establish in the Department the position of Under Secretary
of Agriculture for Food, Nutrition, and Consumer Services.
(b) Confirmation Required.--If the Secretary establishes
the position of Under Secretary of Agriculture for Food,
Nutrition, and Consumer Services authorized under subsection
(a), the Under Secretary shall be appointed by the President,
by and with the advice and consent of the Senate.
(c) Functions of Under Secretary.--
(1) Principal functions.--Upon establishment, the Secretary
shall delegate to the Under Secretary of Agriculture for
Food, Nutrition, and Consumer Services those functions under
the jurisdiction of the Department that are related to food,
nutrition, and consumer services (except as provided in
section 261(b)(1)).
(2) Additional functions.--The Under Secretary of
Agriculture for Food, Nutrition, and Consumer Services shall
perform such other functions as may be required by law or
prescribed by the Secretary.
(d) Succession.--Any official who is serving as Assistant
Secretary of Agriculture for Food and Consumer Services on
the date of the enactment of this Act and who was appointed
by the President, by and with the advice and consent of the
Senate, shall not be required to be reappointed under
subsection (b) to the successor position authorized under
subsection (a) if the Secretary establishes the position, and
the official occupies the new position, within 180 days after
the date of the enactment of this Act (or such later date set
by the Secretary if litigation delays rapid succession).
(e) Executive Schedule.--Section 5314 of title 5, United
States Code, is amended by inserting after the item relating
to the Under Secretary of Agriculture for Farm and Foreign
Agricultural Services (as added by section 225(e)(2)) the
following:
``Under Secretary of Agriculture for Food, Nutrition, and
Consumer Services.''.
Subtitle E--Natural Resources and Environment
SEC. 245. UNDER SECRETARY OF AGRICULTURE FOR NATURAL
RESOURCES AND ENVIRONMENT.
(a) Authorization.--The Secretary is authorized to
establish in the Department the position of Under Secretary
of Agriculture for Natural Resources and Environment.
(b) Confirmation Required.--If the Secretary establishes
the position of Under Sec-
[[Page 2280]]
retary of Agriculture for Natural Resources and Environment
authorized under subsection (a), the Under Secretary shall be
appointed by the President, by and with the advice and
consent of the Senate.
(c) Functions of Under Secretary.--
(1) Principal functions.--Upon establishment, the Secretary
shall delegate to the Under Secretary of Agriculture for
Natural Resources and Environment those functions under the
jurisdiction of the Department that are related to natural
resources and environment (except to the extent those
functions are delegated under section 226).
(2) Additional functions.--The Under Secretary of
Agriculture for Natural Resources and Environment shall
perform such other functions and duties as may be required by
law or prescribed by the Secretary.
(d) Succession.--Any official who is serving as Assistant
Secretary of Agriculture for Natural Resources and
Environment on the date of the enactment of this Act and who
was appointed by the President, by and with the advice and
consent of the Senate, shall not be required to be
reappointed under subsection (b) to the successor position
authorized under subsection (a) if the Secretary establishes
the position, and the official occupies the new position,
within 180 days after the date of the enactment of this Act
(or such later date set by the Secretary if litigation delays
rapid succession).
(e) Executive Schedule.--Section 5314 of title 5, United
States Code, is amended by inserting after the item relating
to the Under Secretary of Agriculture for Food, Nutrition,
and Consumer Services (as added by section 241(e)) the
following:
``Under Secretary of Agriculture for Natural Resources and
Environment.''.
SEC. 246. NATURAL RESOURCES CONSERVATION SERVICE.
(a) Establishment.--The Secretary is authorized to
establish and maintain within the Department a Natural
Resources Conservation Service.
(b) Functions.--If the Secretary establishes the Natural
Resources Conservation Service under subsection (a), the
Secretary is authorized to assign to the Service jurisdiction
over the following:
(1) The rural environmental conservation program under
title X of the Agricultural Act of 1970 (16 U.S.C. 1501 et
seq.).
(2) The Great Plains Conservation Program under section
16(b) of the Soil Conservation and Domestic Allotment Act (16
U.S.C. 590p(b)).
(3) The Water Bank Act (16 U.S.C. 1301 et seq.);
(4) The forestry incentive program under section 4 of the
Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103).
(5) Title XII of the Food Security Act of 1985 (16 U.S.C.
3801 et seq.), except subchapter B of chapter 1 of subtitle D
of such title.
(6) Salinity control program under section 202(c) of the
Colorado River Basin Salinity Control Act (43 U.S.C.
1592(c)).
(7) The Farms for the Future Act of 1990 (7 U.S.C. 4201
note).
(8) Such other functions as the Secretary considers
appropriate, except functions under subchapter B of chapter 1
of subtitle D of title XII of the Food Security Act of 1985
(16 U.S.C. 3831-3836) and the agricultural conservation
program under the Soil Conservation and Domestic Allotment
Act (16 U.S.C. 590g et seq.).
(c) Special Concurrence Requirements for Certain
Functions.--In carrying out the programs specified in
paragraphs (2), (3), (4), and (6) of subsection (b) and the
program under subchapter C of chapter 1 of subtitle D of
title XII of the Food Security Act of 1985 (16 U.S.C. 3837-
3837f), the Secretary shall--
(1) acting on the recommendations of the Natural Resources
Conservation Service, with the concurrence of the
Consolidated Farm Service Agency, issue regulations to carry
out such programs;
(2) ensure that the Natural Resources Conservation Service,
in establishing policies, priorities, and guidelines for each
such program, does so with the concurrence of the
Consolidated Farm Service Agency at national, State, and
local levels;
(3) ensure that, in reaching such concurrence at the local
level, the Natural Resources Conservation Service works in
cooperation with Soil and Water Conservation Districts or
similar organizations established under State law;
(4) ensure that officials of county and area committees
established under section 8(b)(5) of the Soil Conservation
and Domestic Allotment Act (16 U.S.C. 590h(b)(5)) meet
annually with officials of such Districts or similar
organizations to consider local conservation priorities and
guidelines; and
(5) take steps to ensure that the concurrence process does
not interfere with the effective delivery of such programs.
(d) Use of Federal and Non-Federal Employees.--
(1) Use authorized.--In the implementation of functions
assigned to the Natural Resources Conservation Service, the
Secretary may use interchangeably in local offices of the
Service both Federal employees of the Department and non-
Federal employees of county and area committees established
under section 8(b)(5) of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590h(b)(5)).
(2) Exception.--Notwithstanding paragraph (1), no personnel
action (as defined in section 2302(a)(2)(A) of title 5,
United States Code) may be taken with respect to a Federal
employee unless such action is taken by another Federal
employee.
(e) Savings Provision.--For purposes of subsections (c) and
(d) of this section:
(1) A reference to the ``Natural Resources Conservation
Service'' includes any other office, agency, or
administrative unit of the Department assigned the functions
authorized for the Natural Resources Conservation Service
under this section.
(2) A reference to the ``Consolidated Farm Service Agency''
includes any other office, agency, or administrative unit of
the Department assigned the functions authorized for the
Consolidated Farm Service Agency under section 226.
(f) Conforming Amendments.--
(1) Soil conservation service.--Section 5 of the Soil
Conservation and Domestic Allotment Act (16 U.S.C. 590e) is
repealed.
(2) Soil and water resources conservation.--The Soil and
Water Resources Conservation Act of 1977 (16 U.S.C. 2001) is
amended--
(A) in section 2(2) (16 U.S.C. 2001(2))--
(i) by striking ``created the Soil Conservation Service'';
and
(ii) by striking ``Department of Agriculture which'' and
inserting ``, has ensured that the Department of
Agriculture'';
(B) in section 3(2) (16 U.S.C. 2002(2)), by striking
``through the Soil Conservation Service''; and
(C) in section 6(a) (16 U.S.C. 2005(a)), by striking ``Soil
Conservation Service'' and inserting ``Secretary''.
(3) State technical committees.--Section 1262 of the Food
Security Act of 1985 (16 U.S.C. 3862) is amended by adding at
the end the following new subsection:
``(e) FACA requirements.--The committees established under
section 1261 shall be exempt from the Federal Advisory
Committee Act (5 U.S.C. App.).''.
SEC. 247. REORGANIZATION OF FOREST SERVICE.
(a) Required Elements of Reorganization Proposals.--
Reorganization proposals that are developed by the Secretary
to carry out the designation by the President of the Forest
Service as a Reinvention Lab pursuant to the National
Performance Review, dated September 1993, shall include
proposals for--
(1) reorganizing the Service in a manner that is consistent
with the principles of interdisciplinary planning;
(2) redefining and consolidating the mission and roles of,
and research conducted by, employees of the Service in
connection with the National Forest System and State and
private forestry to facilitate interdisciplinary planning and
to eliminate functionalism;
(3) reforming the budget structure of the Service to
support interdisciplinary planning, including reducing the
number of budget line items;
(4) defining new measures of accountability so that
Congress may meet the constitutional obligation of Congress
to oversee the Service;
(5) achieving structural and organizational consolidations;
(6) to the extent practicable, sharing office space,
equipment, vehicles, and electronic systems with other
administrative units of the Department and other Federal
field offices, including proposals for using an on-line
system by all administrative units of the Department to
maximize administrative efficiency; and
(7) reorganizing the Service in a manner that will result
in a larger percentage of employees of the Service being
retained at organizational levels below regional offices,
research stations, and the area office of the Service.
(b) Report.--Not later than March 31, 1995, the Secretary
shall submit a report to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate that describes actions
taken to carry out subsection (a), identifies any disparities
in regional funding patterns, and contains the rationale
behind the disparities.
Subtitle F--Research, Education, and Economics
SEC. 251. UNDER SECRETARY OF AGRICULTURE FOR RESEARCH,
EDUCATION, AND ECONOMICS.
(a) Authorization.--The Secretary is authorized to
establish in the Department the position of Under Secretary
of Agriculture for Research, Education, and Economics.
(b) Confirmation Required.--If the Secretary establishes
the position of Under Secretary of Agriculture for Research,
Education, and Economics authorized under subsection (a), the
Under Secretary shall be appointed by the President, by and
with the advice and consent of the Senate.
(c) Functions of Under Secretary.--
(1) Principal functions.--Upon establishment, the Secretary
shall delegate to the Under Secretary of Agriculture for
Research, Education, and Economics those functions and duties
under the jurisdiction of the Department that are related to
research, education, and economics.
(2) Additional functions.--The Under Secretary of
Agriculture for Research, Education, and Economics shall
perform such other functions and duties as may be required by
law or prescribed by the Secretary.
(d) Cooperative State Research, Education, and Extension
Service.--
(1) Establishment.--There is established in the Department
a Cooperative State Research, Education, and Extension
Service.
(2) Functions.--The Secretary shall delegate to the
Cooperative State Research, Education, and Extension Service
functions re-
[[Page 2281]]
lated to cooperative State research programs and cooperative
extension and education programs that are under the
jurisdiction of the Department.
(3) Officer-in-charge.--If the Secretary establishes the
position of Under Secretary of Agriculture for Research,
Education, and Economics, the officer in charge of the
Cooperative State Research, Education, and Extension Service
shall report directly to the Under Secretary.
(e) Executive Schedule.--Section 5314 of title 5, United
States Code, is amended by inserting after the item relating
to the Under Secretary of Agriculture for Natural Resources
and Environment (as added by section 245(e)) the following:
``Under Secretary of Agriculture for Research, Education,
and Economics.''.
SEC. 252. PROGRAM STAFF.
In making the personnel reductions required under section
213, the Secretary shall reduce the number of Federal
research and education personnel of the Department by a
percentage equal to at least the percentage of overall
Department personnel reductions. The Secretary shall achieve
such reduction in research and education personnel in a
manner that minimizes duplication and maximizes coordination
between Federal and State research and extension activities.
Subtitle G--Food Safety
SEC. 261. UNDER SECRETARY OF AGRICULTURE FOR FOOD SAFETY.
(a) Establishment.--There is established in the Department
of Agriculture the position of Under Secretary of Agriculture
for Food Safety. The Under Secretary shall be appointed by
the President, by and with the advice and consent of the
Senate, from among individuals with specialized training or
significant experience in food safety or public health
programs.
(b) Functions of Under Secretary.--
(1) Principal functions.--The Secretary shall delegate to
the Under Secretary of Agriculture for Food Safety those
functions and duties under the jurisdiction of the Department
that are primarily related to food safety.
(2) Additional functions.--The Under Secretary of
Agriculture for Food Safety shall perform such other
functions and duties as may be required by law or prescribed
by the Secretary.
(c) Executive Schedule.--Section 5314 of title 5, United
States Code, is amended by inserting after the item relating
to the Under Secretary of Agriculture for Research,
Education, and Economics (as added by section 251(e)) the
following:
``Under Secretary of Agriculture for Food Safety.''.
(d) Technical and Scientific Review Groups.--The Secretary,
acting through the Under Secretary for Research, Education,
and Economics, may, without regard to the provisions of title
5, United States Code, governing appointment in the
competitive service, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification and General
Schedule pay rates--
(1) establish such technical and scientific review groups
as are needed to carry out the functions of the Department;
and
(2) appoint and pay the members of the groups, except that
officers and employees of the United States shall not receive
additional compensation for service as a member of a group.
SEC. 262. CONDITIONS FOR IMPLEMENTATION OF ALTERATIONS IN THE
LEVEL OF ADDITIVES ALLOWED IN ANIMAL DIETS.
(a) Conditions.--The Food and Drug Administration shall not
implement or enforce the final rule described in subsection
(b) to alter the level of selenium allowed to be used as a
supplement in animal diets unless the Commissioner of the
Food and Drug Administration makes a determination that--
(1) selenium additives are not essential, at levels
authorized in the absence of such final rule, to maintain
animal nutrition and protect animal health;
(2) selenium at such levels is not safe to the animals
consuming the additive;
(3) selenium at such levels is not safe to individuals
consuming edible portions of animals that receive the
additive;
(4) selenium at such levels does not achieve its intended
effect of promoting normal growth and reproduction of
livestock and poultry; and
(5) the manufacture and use of selenium at such levels
cannot reasonably be controlled by adherence to current good
manufacturing practice requirements.
(b) Final Rule Described.--The final rule referred to in
subsection (a) is the final rule issued by the Food and Drug
Administration and published in the Federal Register on
September 13, 1993 (58 Fed. Reg. 47962), in which the
Administration stayed 1987 amendments to the selenium food
additive regulations, and any modification of such rule
issued after the date of the enactment of this Act.
Subtitle H--National Appeals Division
SEC. 271. DEFINITIONS.
For purposes of this subtitle:
(1) Adverse decision.--The term ``adverse decision'' means
an administrative decision made by an officer, employee, or
committee of an agency that is adverse to a participant. The
term includes a denial of equitable relief by an agency or
the failure of an agency to issue a decision or otherwise act
on the request or right of the participant. The term does not
include a decision over which the Board of Contract Appeals
has jurisdiction.
(2) Agency.--The term ``agency'' means any agency of the
Department designated by the Secretary or a successor agency
of the Department, except that the term shall include the
following (and any successor to the following):
(A) The Consolidated Farm Service Agency (or other office,
agency, or administrative unit of the Department assigned the
functions authorized for the Consolidated Farm Service Agency
under section 226).
(B) The Commodity Credit Corporation, with respect to
domestic programs.
(C) The Farmers Home Administration.
(D) The Federal Crop Insurance Corporation.
(E) The Rural Development Administration.
(F) The Natural Resources Conservation Service (or other
office, agency, or administrative unit of the Department
assigned the functions authorized for the Natural Resources
Conservation Service under section 246(b)).
(G) A State, county, or area committee established under
section 8(b)(5) of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590h(b)(5)).
(3) Appellant.--The term ``appellant'' means a participant
who appeals an adverse decision in accordance with this
subtitle.
(4) Case record.--The term ``case record'' means all the
materials maintained by the Secretary related to an adverse
decision.
(5) Director.--The term ``Director'' means the Director of
the Division.
(6) Division.--The term ``Division'' means the National
Appeals Division established by this title.
(7) Hearing officer.--The term ``hearing officer'' means an
individual employed by the Division who hears and determines
appeals of adverse decisions by any agency.
(8) Implement.--The term ``implement'' refers to those
actions necessary to effectuate fully and promptly a final
determination of the Division not later than 30 calendar days
after the effective date of the final determination.
(9) Participant.--The term ``participant'' shall have the
meaning given that term by the Secretary by regulation.
SEC. 272. NATIONAL APPEALS DIVISION AND DIRECTOR.
(a) Establishment of Division.--The Secretary shall
establish and maintain an independent National Appeals
Division within the Department to carry out this subtitle.
(b) Director.--
(1) Appointment.--The Division shall be headed by a
Director, appointed by the Secretary from among persons who
have substantial experience in practicing administrative law.
In considering applicants for the position of Director, the
Secretary shall consider persons currently employed outside
Government as well as Government employees.
(2) Term and removal.--The Director shall serve for a 6-
year term of office, and shall be eligible for reappointment.
The Director shall not be subject to removal during the term
of office, except for cause established in accordance with
law.
(3) Position classification.--The position of the Director
may not be a position in the excepted service or filled by a
noncareer appointee.
(c) Direction, Control, and Support.--The Director shall be
free from the direction and control of any person other than
the Secretary. The Division shall not receive administrative
support (except on a reimbursable basis) from any agency
other than the Office of the Secretary. The Secretary may not
delegate to any other officer or employee of the Department,
other than the Director, the authority of the Secretary with
respect to the Division.
(d) Determination of Appealability of Agency Decisions.--If
an officer, employee, or committee of an agency determines
that a decision is not appealable and a participant appeals
the decision to the Director, the Director shall determine
whether the decision is adverse to the individual participant
and thus appealable or is a matter of general applicability
and thus not subject to appeal. The determination of the
Director as to whether a decision is appealable shall be
administratively final.
(e) Division Personnel.--The Director shall appoint such
hearing officers and other employees as are necessary for the
administration of the Division. A hearing officer or other
employee of the Division shall have no duties other than
those that are necessary to carry out this subtitle.
SEC. 273. TRANSFER OF FUNCTIONS.
There are transferred to the Division all functions
exercised and all administrative appeals pending before the
effective date of this subtitle (including all related
functions of any officer or employee) of or relating to--
(1) the National Appeals Division established by section
426(c) of the Agricultural Act of 1949 (7 U.S.C. 1433e(c))
(as in effect on the day before the date of the enactment of
this Act);
(2) the National Appeals Division established by
subsections (d) through (g) of section 333B of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1983b)
(as in effect on the day before the date of the enactment of
this Act);
(3) appeals of decisions made by the Federal Crop Insurance
Corporation; and
(4) appeals of decisions made by the Soil Conservation
Service (as in effect on the day before the date of the
enactment of this Act).
[[Page 2282]]
SEC. 274. NOTICE AND OPPORTUNITY FOR HEARING.
Not later than 10 working days after an adverse decision is
made that affects the participant, the Secretary shall
provide the participant with written notice of such adverse
decision and the rights available to the participant under
this subtitle or other law for the review of such adverse
decision.
SEC. 275. INFORMAL HEARINGS.
If an officer, employee, or committee of an agency makes an
adverse decision, the agency shall hold, at the request of
the participant, an informal hearing on the decision. With
respect to programs carried out through the Consolidated Farm
Service Agency (or other office, agency, or administrative
unit of the Department assigned to carry out the programs
authorized for the Consolidated Farm Service Agency under
section 226), the Secretary shall maintain the informal
appeals process applicable to such programs, as in effect on
the date of the enactment of the subtitle. If a mediation
program is available under title V of the Agricultural Credit
Act of 1987 (7 U.S.C. 5101 et seq.) as a part of the informal
hearing process, the participant shall be offered the right
to choose such mediation.
SEC. 276. RIGHT OF PARTICIPANTS TO DIVISION HEARING.
(a) Appeal to Division for Hearing.--Subject to subsection
(b), a participant shall have the right to appeal an adverse
decision to the Division for an evidentiary hearing by a
hearing officer consistent with section 277.
(b) Time for Appeal.--To be entitled to a hearing under
section 277, a participant shall request the hearing not
later than 30 days after the date on which the participant
first received notice of the adverse decision.
SEC. 277. DIVISION HEARINGS.
(a) General Powers of Director and Hearing Officers.--
(1) Access to case record.--The Director and hearing
officer shall have access to the case record of any adverse
decision appealed to the Division for a hearing.
(2) Administrative procedures.--The Director and hearing
officer shall have the authority to require the attendance of
witnesses, and the production of evidence, by subpoena and to
administer oaths and affirmations. Except to the extent
required for the disposition of ex parte matters as
authorized by law--
(A) an interested person outside the Division shall not
make or knowingly cause to be made to the Director or a
hearing officer who is or may reasonably be expected to be
involved in the evidentiary hearing or review of an adverse
decision, an ex parte communication (as defined in section
551(14) of title 5, United States Code) relevant to the
merits of the proceeding;
(B) the Director and such hearing officer shall not make or
knowingly cause to be made to any interested person outside
the Division an ex parte communication relevant to the merits
of the proceeding.
(b) Time for Hearing.--Upon a timely request for a hearing
under section 276(b), an appellant shall have the right to
have a hearing by the Division on the adverse decision within
45 days after the date of the receipt of the request for the
hearing.
(c) Location and Elements of Hearing.--
(1) Location.--A hearing on an adverse decision shall be
held in the State of residence of the appellant or at a
location that is otherwise convenient to the appellant and
the Division.
(2) Evidentiary hearing.--The evidentiary hearing before a
hearing officer shall be in person, unless the appellant
agrees to a hearing by telephone or by a review of the case
record. The hearing officer shall not be bound by previous
findings of fact by the agency in making a determination.
(3) Information at hearing.--The hearing officer shall
consider information presented at the hearing without regard
to whether the evidence was known to the agency officer,
employee, or committee making the adverse decision at the
time the adverse decision was made. The hearing officer shall
leave the record open after the hearing for a reasonable
period of time to allow the submission of information by the
appellant or the agency after the hearing to the extent
necessary to respond to new facts, information, arguments, or
evidence presented or raised by the agency or appellant.
(4) Burden of proof.--The appellant shall bear the burden
of proving that the adverse decision of the agency was
erroneous.
(d) Determination Notice.--The hearing officer shall issue
a notice of the determination on the appeal not later than 30
days after a hearing or after receipt of the request of the
appellant to waive a hearing, except that the Director may
establish an earlier or later deadline. If the determination
is not appealed to the Director for review under section 278,
the notice provided by the hearing officer shall be
considered to be a notice of an administratively final
determination.
(e) Effective Date.--The final determination shall be
effective as of the date of filing of an application, the
date of the transaction or event in question, or the date of
the original adverse decision, whichever is applicable.
SEC. 278. DIRECTOR REVIEW OF DETERMINATIONS OF HEARING
OFFICERS.
(a) Requests for Director Review.--
(1) Time for request by appellant.--Not later than 30 days
after the date on which an appellant receives the
determination of a hearing officer under section 277, the
appellant shall submit a written request to the Director for
review of the determination in order to be entitled to a
review by the Director of the determination.
(2) Time for request by agency head.--Not later 15 business
days after the date on which an agency receives the
determination of a hearing officer under section 277, the
head of the agency may make a written request that the
Director review the determination.
(b) Determination of Director.--The Director shall conduct
a review of the determination of the hearing officer using
the case record, the record from the evidentiary hearing
under section 277, the request for review, and such other
arguments or information as may be accepted by the Director.
Based on such review, the Director shall issue a final
determination notice that upholds, reverses, or modifies the
determination of the hearing officer. However, if the
Director determines that the hearing record is inadequate,
the Director may remand all or a portion of the determination
for further proceedings to complete the hearing record or, at
the option of the Director, to hold a new hearing. The
Director shall complete the review and either issue a final
determination or remand the determination not later than--
(1) 10 business days after receipt of the request for
review, in the case of a request by the head of an agency for
review; or
(2) 30 business days after receipt of the request for
review, in the case of a request by an appellant for review.
(c) Basis for Determination.--The determination of the
hearing officer and the Director shall be based on
information from the case record, laws applicable to the
matter at issue, and applicable regulations published in the
Federal Register and in effect on the date of the adverse
decision or the date on which the acts that gave rise to the
adverse decision occurred, whichever date is appropriate.
(d) Equitable Relief.--Subject to regulations issued by the
Secretary, the Director shall have the authority to grant
equitable relief under this section in the same manner and to
the same extent as such authority is provided to the
Secretary under section 326 of the Food and Agriculture Act
of 1962 (7 U.S.C. 1339a) and other laws. Notwithstanding the
administrative finality of a final determination of an appeal
by the Division, the Secretary shall have the authority to
grant equitable or other types of relief to the appellant
after an administratively final determination is issued by
the Division.
(e) Effective Date.--A final determination issued by the
Director shall be effective as of the date of filing of an
application, the date of the transaction or event in
question, or the date of the original adverse decision,
whichever is applicable.
SEC. 279. JUDICIAL REVIEW.
A final determination of the Division shall be reviewable
and enforceable by any United States district court of
competent jurisdiction in accordance with chapter 7 of title
5, United States Code.
SEC. 280. IMPLEMENTATION OF FINAL DETERMINATIONS OF DIVISION.
On the return of a case to an agency pursuant to the final
determination of the Division, the head of the agency shall
implement the final determination not later than 30 days
after the effective date of the notice of the final
determination.
SEC. 281. CONFORMING AMENDMENTS RELATING TO NATIONAL APPEALS
DIVISION.
(a) Decisions of State, County, and Area Committees.--
(1) Application of subsection.--This subsection shall apply
only with respect to functions of the Consolidated Farm
Service Agency or the Commodity Credit Corporation that are
under the jurisdiction of a State, county, or area committee
established under section 8(b)(5) of the Soil Conservation
and Domestic Allotment Act (16 U.S.C. 590h(b)(5)) or an
employee of such a committee.
(2) Finality.--Each decision of a State, county, or area
committee (or an employee of such a committee) covered by
paragraph (1) that is made in good faith in the absence of
misrepresentation, false statement, fraud, or willful
misconduct shall be final not later than 90 days after the
date of filing of the application for benefits, unless the
decision is--
(A) appealed under this subtitle; or
(B) modified by the Administrator of the Consolidated Farm
Service Agency or the Executive Vice President of the
Commodity Credit Corporation.
(3) Recovery of amounts.--If the decision of the State,
county, or area committee has become final under paragraph
(2), no action may be taken by the Consolidated Farm Service
Agency, the Commodity Credit Corporation, or a State, county,
or area committee to recover amounts found to have been
disbursed as a result of a decision in error unless the
participant had reason to believe that the decision was
erroneous.
(4) Savings provision.--For purposes of this subsection, a
reference to the ``Consolidated Farm Service Agency''
includes any other office, agency, or administrative unit of
the Department assigned the functions authorized for the
Consolidated Farm Service Agency under section 226.
(b) Agricultural Stabilization and Conservation Service.--
Section 426 of the Agricultural Act of 1949 (7 U.S.C. 1433e)
is repealed.
(c) Farmers Home Administration.--Section 333B of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1983b)
is repealed.
[[Page 2283]]
SEC. 282. EXPANSION OF ISSUES COVERED BY STATE MEDIATION
PROGRAMS.
(a) Expansion of Mediation Programs.--Section 501 of the
Agricultural Credit Act of 1987 (7 U.S.C. 5101) is amended--
(1) in subsection (a), by striking ``an agricultural loan
mediation program'' and inserting ``a mediation program'';
(2) in subsection (b), by striking ``agricultural loan'';
and
(3) by striking subsection (c) and inserting the following
new subsection:
``(c) Requirements of State Mediation Programs.--
``(1) Issues covered.--To be certified as a qualifying
State, the mediation program of the State must provide
mediation services for the persons described in paragraph (2)
who are involved in agricultural loans or agricultural loans
and one or more of the following issues under the
jurisdiction of the Department of Agriculture:
``(A) Wetlands determinations.
``(B) Compliance with farm programs, including conservation
programs.
``(C) Agricultural credit.
``(D) Rural water loan programs.
``(E) Grazing on National Forest System lands.
``(F) Pesticides.
``(G) Such other issues as the Secretary considers
appropriate.
``(2) Persons eligible for mediation.--The persons referred
to in paragraph (1) are producers, their creditors (if
applicable), and other persons directly affected by actions
of the Department of Agriculture.
``(3) Certification conditions.--The Secretary shall
certify a State as a qualifying State with respect to the
issues proposed to be covered by the mediation program of the
State if the mediation program--
``(A) provides for mediation services that, if decisions
are reached, result in mediated, mutually agreeable decisions
between the parties to the mediation;
``(B) is authorized or administered by an agency of the
State government or by the Governor of the State;
``(C) provides for the training of mediators;
``(D) provides that the mediation sessions shall be
confidential;
``(E) ensures, in the case of agricultural loans, that all
lenders and borrowers of agricultural loans receive adequate
notification of the mediation program; and
``(F) ensures, in the case of other issues covered by the
mediation program, that persons directly affected by actions
of the Department of Agriculture receive adequate
notification of the mediation program.''.
(b) Participation of Department.--Section 503 of such Act
(7 U.S.C. 5103) is amended--
(1) by striking ``agricultural loan'' each place it
appears;
(2) in the matter preceding subparagraph (A) of subsection
(a)(1)--
(A) by inserting ``or agency'' after ``program''; and
(B) by striking ``that makes, guarantees, or insures
agricultural loans'';
(3) in subsection (a)(1)(A)--
(A) by inserting ``or agency'' after ``such program''; and
(B) by inserting ``certified under section 501'' after
``mediation program'';
(4) in subsection (a)(1)(B)--
(A) by striking ``, effective beginning on the date of the
enactment of this Act,''; and
(B) by inserting ``certified under section 501'' after
``mediation programs''; and
(5) in subsection (a)(1)(C)--
(A) in clause (i), by striking ``described in'' and
inserting ``certified under''; and
(B) in clause (ii), by inserting ``if applicable,'' before
``present''.
(c) Regulations.--Section 504 of such Act (7 U.S.C. 5104)
is amended--
(1) by striking ``Within 150 days after the date of the
enactment of this Act, the'' and inserting ``The''; and
(2) by adding at the end the following new sentence: ``The
regulations prescribed by the Secretary shall require
qualifying States to adequately train mediators to address
all of the issues covered by the mediation program of the
State.''.
(d) Report.--Section 505 of such Act (7 U.S.C. 5105) is
amended by striking ``1990'' and inserting ``1998''.
(e) Authorization of Appropriations.--Section 506 of such
Act (7 U.S.C. 5106) is amended by striking ``1995'' and
inserting ``2000''.
(f) Conforming Amendments.--
(1) References to agricultural loans.--Subtitle A of title
V of such Act is amended--
(A) in sections 502 and 505(1) (7 U.S.C. 5102, 5105(1)), by
striking ``agricultural loan'' each place it appears; and
(B) in section 505(3) (7 U.S.C. 5105(3)), by striking ``an
agricultural loan mediation'' and inserting ``a mediation''.
(2) Waiver of farm credit system mediation rights by
borrowers.--Section 4.14E of the Farm Credit Act of 1971 (12
U.S.C. 2202e) is amended by striking ``agricultural loan''.
(3) Waiver of fmha mediation rights by borrowers.--Section
358 of the Consolidated Farm and Rural Development Act (7
U.S.C. 2006) is amended by striking ``agricultural loan''.
SEC. 283. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the activities of the Division.
Subtitle I--Miscellaneous Reorganization Provisions
SEC. 291. SUCCESSORSHIP PROVISIONS RELATING TO BARGAINING
UNITS AND EXCLUSIVE REPRESENTATIVES.
(a) Voluntary Agreement.--
(1) In general.--If the exercise of the Secretary's
authority under this title results in changes to an existing
bargaining unit that has been certified under chapter 71 of
title 5, United States Code, the affected parties shall
attempt to reach a voluntary agreement on a new bargaining
unit and an exclusive representative for such unit.
(2) Criteria.--In carrying out the requirements of this
subsection, the affected parties shall use criteria set forth
in--
(A) sections 7103(a)(4), 7111(e), 7111(f)(1), and 7120 of
title 5, United States Code, relating to determining an
exclusive representative; and
(B) section 7112 of title 5, United States Code
(disregarding subsections (b)(5) and (d) thereof), relating
to determining appropriate units.
(b) Effect of an Agreement.--
(1) In general.--If the affected parties reach agreement on
the appropriate unit and the exclusive representative for
such unit under subsection (a), the Federal Labor Relations
Authority shall certify the terms of such agreement, subject
to paragraph (2)(A). Nothing in this subsection shall be
considered to require the holding of any hearing or election
as a condition for certification.
(2) Restrictions.--
(A) Conditions requiring noncertification.--The Federal
Labor Relations Authority may not certify the terms of an
agreement under paragraph (1) if--
(i) it determines that any of the criteria referred to in
subsection (a)(2) (disregarding section 7112(a) of title 5,
United States Code) have not been met; or
(ii) after the Secretary's exercise of authority and before
certification under this section, a valid election under
section 7111(b) of title 5, United States Code, is held
covering any employees who would be included in the unit
proposed for certification.
(B) Temporary waiver of provision that would bar an
election after a collective bargaining agreement is
reached.--Nothing in section 7111(f)(3) of title 5, United
States Code, shall prevent the holding of an election under
section 7111(b) of such title that covers employees within a
unit certified under paragraph (1), or giving effect to the
results of such an election (including a decision not to be
represented by any labor organization), if the election is
held before the end of the 12-month period beginning on the
date such unit is so certified.
(C) Clarification.--The certification of a unit under
paragraph (1) shall not, for purposes of the last sentence of
section 7111(b) of title 5, United States Code, or section
7111(f)(4) of such title, be treated as if it had occurred
pursuant to an election.
(3) Delegation.--
(A) In general.--The Federal Labor Relations Authority may
delegate to any regional director (as referred to in section
7105(e) of title 5, United States Code) its authority under
the preceding provisions of this subsection.
(B) Review.--Any action taken by a regional director under
subparagraph (A) shall be subject to review under the
provisions of section 7105(f) of title 5, United States Code,
in the same manner as if such action had been taken under
section 7105(e) of such title, except that in the case of a
decision not to certify, such review shall be required if
application therefor is filed by an affected party within the
time specified in such provisions.
(c) Definition.--For purposes of this section, the term
``affected party'' means--
(1) with respect to an exercise of authority by the
Secretary under this title, any labor organization affected
thereby; and
(2) the Department of Agriculture.
SEC. 292. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.
(a) Sense of Congress.--It is the sense of the Congress
that, to the greatest extent practicable, all equipment and
products purchased using funds made available pursuant to
this title should be American-made.
(b) Notice Requirement.--In providing financial assistance
to, or entering into any contract with, any entity using
funds made available pursuant to this title, the Secretary,
to the greatest extent practicable, shall provide to such
entity a notice describing the statement made in subsection
(a) by the Congress.
SEC. 293. MISCELLANEOUS CONFORMING AMENDMENTS.
(a) United States Grain Standards Act.--The United States
Grain Standards Act (7 U.S.C. 71 et seq.) is amended--
(1) in section 3 (7 U.S.C. 75)--
(A) by inserting ``and'' at the end of subsection (y);
(B) by striking subsections (z) and (aa); and
(C) by redesignating subsection (bb) as subsection (z);
(2) by striking section 3A (7 U.S.C. 75a);
(3) in section 5(b) (7 U.S.C. 77(b)), by striking ``Service
employees'' and inserting ``employees of the Secretary'';
(4) in sections 7(j)(2) and 7A(l)(2) (7 U.S.C. 79(j)(2) and
79a(l)(2)), by striking ``supervision by Service personnel of
its field office personnel'' in the first sentence of both
sections and inserting ``supervision by the Secretary of the
Secretary's field office personnel'';
(5) in section 12(c) (7 U.S.C. 87a(c)), by striking ``or
Administrator'';
(6) in section 12(d) (7 U.S.C. 87a(d)), by striking ``or
the Administrator'';
(7) except as otherwise provided in this subsection, by
striking ``Administrator''
[[Page 2284]]
each place it appears and inserting ``Secretary''; and
(8) except as otherwise provided in this subsection, by
striking ``Service'' each place it appears and inserting
``Secretary''.
(b) Packers and Stockyards Act, 1921.--Section 407 of the
Packers and Stockyards Act, 1921 (7 U.S.C. 228), is amended--
(1) by striking subsection (b);
(2) by redesignating subsections (c), (d), (e), and (f), as
subsections (b), (c), (d), and (e), respectively; and
(3) in subsection (e) (as so redesignated), by striking
``subsection (e)'' and inserting ``subsection (d)''.
SEC. 294. REMOVAL OF OBSOLETE ADMINISTRATIVE PROVISIONS.
Section 5316 of title 5, United States Code, is amended--
(1) by striking ``Administrator, Agricultural Marketing
Service, Department of Agriculture.'';
(2) by striking ``Administrator, Agricultural Research
Service, Department of Agriculture.'';
(3) by striking ``Administrator, Agricultural Stabilization
and Conservation Service, Department of Agriculture.'';
(4) by striking ``Administrator, Farmers Home
Administration.'';
(5) by striking ``Administrator, Foreign Agricultural
Service, Department of Agriculture.'';
(6) by striking ``Administrator, Rural Electrification
Administration, Department of Agriculture.'';
(7) by striking ``Administrator, Soil Conservation Service,
Department of Agriculture.'';
(8) by striking ``Chief Forester of the Forest Service,
Department of Agriculture.'';
(9) by striking ``Director of Science and Education,
Department of Agriculture.'';
(10) by striking ``Administrator, Animal and Plant Health
Inspection Service, Department of Agriculture.''; and
(11) by striking ``Administrator, Federal Grain Inspection
Service, Department of Agriculture.''.
SEC. 295. PROPOSED CONFORMING AMENDMENTS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary shall submit to Congress recommended
legislation containing additional technical and conforming
amendments to Federal laws that are required as a result of
the enactment of this title.
SEC. 296. TERMINATION OF AUTHORITY.
(a) In General.--Subject to subsection (b), the authority
delegated to the Secretary by this title to reorganize the
Department shall terminate on the date that is 2 years after
the date of enactment of this Act.
(b) Functions.--Subsection (a) shall not affect--
(1) the authority of the Secretary to continue to carry out
a function that the Secretary performs on the date that is 2
years after the date of enactment of this Act;
(2) the authority delegated to the Secretary under
Reorganization Plan No. 2 of 1953 (5 U.S.C. App; 7 U.S.C.
2201 note); or
(3) the authority of an agency, office, officer, or
employee of the Department to continue to perform all
functions delegated or assigned to the entity or person as of
that termination date.
TITLE III--MISCELLANEOUS
SEC. 301. POULTRY LABELING.
It is the sense of Congress that--
(1) the United States Department of Agriculture should--
(A) carry out the plans of the Department to hold public
hearings for the purpose of receiving public input on issues
related to the conditions under which poultry sold in the
United States may be labeled ``fresh''; and
(B) finalize and publish a decision on the issues as
expeditiously as possible after holding the hearings; and
(2) no person serving on the expert advisory committee
established to advise the Secretary of Agriculture on the
issues should stand to profit, or represent any interest that
would stand to profit, from the decision of the Department on
the issues.
SEC. 302. FIRST AMENDMENT RIGHTS OF EMPLOYEES OF THE UNITED
STATES DEPARTMENT OF AGRICULTURE.
Notwithstanding any other provision of law, no employee of
the United States Department of Agriculture shall be
peremptorily removed, on or after February 15, 1994, from the
position of the employee without an opportunity for a public
or nonpublic hearing, at the option of the employee, because
of remarks made during personal time in opposition to
policies, or proposed policies, of the Department, including
policies or proposed policies regarding homosexuals. Any
employee removed on or after February 15, 1994, without the
opportunity for such a hearing shall be reinstated to the
position of the employee pending such a hearing.
SEC. 303. ADJUSTED COST OF THRIFTY FOOD PLAN.
(a) In General.--Section 3(o)(11) of the Food Stamp Act of
1977 (7 U.S.C. 2012(o)(11)) is amended by inserting ``and (in
the case of households residing in Alaska) on October 1,
1994,'' after ``1992,''.
(b) Effective Date.--The amendment made by subsection (a)
shall be effective beginning on September 30, 1994.
SEC. 304. OFFICE OF RISK ASSESSMENT AND COST-BENEFIT
ANALYSIS.
(a) Office of Risk Assessment and Cost-Benefit Analysis.--
The Secretary of Agriculture shall establish in the
Department of Agriculture an Office of Risk Assessment and
Cost-Benefit Analysis, which shall be under the direction of
a Director appointed by the Secretary.
(b) Functions.--The Director shall ensure that any
regulatory analysis that is conducted under this section
includes a risk assessment and cost-benefit analysis that is
performed consistently and uses reasonably obtainable and
sound scientific, technical, economic, and other data.
(1) In general.--Effective six months after the date of
enactment of this Act, the Secretary of Agriculture shall
publish in the Federal Register, for each proposed major
regulation the primary purpose of which is to regulate issues
of human health, human safety, or the environment that is
promulgated by the Department after the enactment of this
Act, an analysis with as much specificity as practicable,
of--
(A) the risk, including the effect of the risk, to human
health, human safety, or the environment, and any combination
thereof, addressed by the regulation, including, where
applicable and practicable, the health and safety risks to
persons who are disproportionately exposed or particularly
sensitive;
(B) the costs associated with the implementation of, and
compliance with, the regulation;
(C) where appropriate and meaningful, a comparison of that
risk relative to other similar risks regulated by the
Department or other Federal Agency, resulting from comparable
activities and exposure pathways (such comparisons should
consider relevant distinctions among risks, such as the
voluntary or involuntary nature of risks and the
preventability or nonpreventability of risks); and
(D) the quantitative and qualitative benefits of the
regulation, including the reduction or prevention of risk
expected from the regulation.
Where such a regulatory analysis is not practicable because
of compelling circumstances, the Director shall provide an
explanation in lieu of conducting an analysis under this
section.
(2) Evaluation.--The regulatory analysis referred to in
paragraph (1) should also contain a statement that the
Secretary of Agriculture evaluated--
(A) whether the regulation will advance the purpose of
protecting against the risk referred to in paragraph (1)(A);
and
(B) whether the regulation will produce benefits and reduce
risks to human health, human safety, or the environment, and
any combination thereof, in a cost-effective manner as a
result of the implementation of and compliance with the
regulation, by local, State, and Federal Government and other
public and private entities, as estimated in paragraph
(1)(B).
(3) This section shall not be construed to amend, modify,
or alter any statute and shall not be subject to judicial
review. This section shall not be construed to grant a cause
of action to any person. The Secretary of Agriculture shall
perform the analyses required in this section in such a
manner that does not delay the promulgation or implementation
of regulations mandated by statute or judicial order.
(c) Definition.--As used in this section, the term ``major
regulation'' means any regulation that the Secretary of
Agriculture estimates is likely to have an annual impact on
the economy of the United States of $100,000,000 in 1994
dollars.
SEC. 305. FAIR AND EQUITABLE TREATMENT OF SOCIALLY
DISADVANTAGED PRODUCERS.
(a) Fair Crop Acreage Bases and Farm Program Payment
Yields.--If the Secretary of Agriculture determines that crop
acreage bases or farm program payment yields established for
farms owned or operated by socially disadvantaged producers
are not established in accordance with title V of the
Agricultural Act of 1949 (7 U.S.C. 1461 et seq.), the
Secretary shall adjust the bases and yields to conform to the
requirements of such title and make available any appropriate
commodity program benefits.
(b) Fair Application of Consolidated Farm and Rural
Development Act.--If the Secretary of Agriculture determines
that application of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1921 et seq.) with respect to
socially disadvantaged producers is not consistent with the
requirements of such Act, the Secretary shall make such
changes in the administration of such Act as the Secretary
considers necessary to provide for the fair and equitable
treatment of socially disadvantaged producers under such Act.
(c) Report on Treatment of Socially Disadvantaged
Producers.--
(1) Report required.--The Comptroller General of the United
States shall prepare a report to determine--
(A) whether socially disadvantaged producers are
underrepresented on State, county, area, or local committees
established under section 8(b)(5) of the Soil Conservation
and Domestic Allotment Act (16 U.S.C. 590h(b)(5)) or local
review committees established under section 363 of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1363) because
of racial, ethnic, or gender prejudice; and
(B) if such underrepresentation exists, whether it inhibits
or interferes with the participation of socially
disadvantaged producers in programs of the Department of
Agriculture.
(2) Submission of report.--Not later than February 1, 1995,
the Comptroller General shall submit the report required by
this subsection to the Committee on Agriculture of the House
of Representatives and the Com-
[[Page 2285]]
mittee on Agriculture, Nutrition, and Forestry of the Senate.
(d) Definition.--For purposes of this section, the term
``socially disadvantaged producer'' means a producer who is a
member of a group whose members have been subjected to
racial, ethnic, or gender prejudice because of their identity
as members of a group without regard to their individual
qualities.
SEC. 306. AVIATION INSPECTIONS.
(a) Study Regarding Acceptance of Federal Aviation
Administration Aircraft Inspections.--
(1) Intent of study.--The intent of the study required by
this subsection is to examine the cost efficiencies of
conducting inspections of aircraft and pilots by one Federal
agency without reducing aircraft, passenger, or pilot safety
standards or lowering mission preparedness.
(2) Study required.--The Secretary of Agriculture and the
Secretary of Transportation shall jointly conduct a study of
the inspection specifications and procedures by which
aircraft and pilots contracted by the Department are
certified to determine the cost efficiencies of eliminating
duplicative Department inspection requirements and
transferring some or all inspection requirements to the
Federal Aviation Administration, while ensuring that neither
aircraft, passenger, nor pilot safety is reduced and that
mission preparedness is maintained.
(3) Special considerations.--In conducting the study, the
Secretaries shall evaluate current inspection specifications
and procedures mandated by the Department and the Forest
Service, taking into consideration the unique requirements
and risks of particular Department and Forest Service
missions that may require special inspection specifications
and procedures to ensure the safety of Department and Forest
Service personnel and their contractees.
(4) Maintenance of standards and preparedness.--In making
recommendations to transfer inspection authority or otherwise
change Department inspection specifications and procedures,
the Secretaries shall ensure that the implementation of any
such recommendations does not lower aircraft or pilot
standards or preparedness for Department or Forest Service
missions.
(5) Submission of results.--Not later than 180 days after
the date of the enactment of this Act, the Secretaries shall
submit to Congress the results of the study, including any
recommendations to transfer inspection authority or otherwise
change Department inspection specifications and procedures
and a cost-benefit analysis of such recommendations.
(b) Review of Recently Adopted Aircraft Policy.--
(1) Review required.--The Secretary of Agriculture shall
review the policy initiated by the Secretary on July 1, 1994,
to accept Federal Aviation Administration inspections on
aircraft and pilots that provide ``airport to airport''
service for the Forest Service. The policy is currently being
cooperatively developed by the Department and the Federal
Aviation Administration and is intended to reduce duplicative
inspections and to reduce Government costs, while maintaining
aircraft, passenger, and pilot safety standards,
specifications and procedures currently required by the
Department and the Forest Service.
(2) Expansion of policy.--As part of the review, the
Secretary of Agriculture shall examine the feasibility and
desirability of applying this policy on a Government-wide
basis.
(3) Submission of results.--Not later than one year after
the date of the implementation of the policy, the Secretary
of Agriculture shall submit to Congress the results of the
review, including any recommendations that the Secretary
considers appropriate.
The SPEAKER pro tempore, Mr. PASTOR, recognized Mr. de la GARZA and
Mr. ROBERTS, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said resolution?
The SPEAKER pro tempore, Mr. MILLER of California, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said resolution was agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
Para. 118.26 hopewell township investment
Mr. TRAFICANT moved to suspend the rules and pass the bill (H.R. 4704)
to provide for the conveyance of certain lands and improvements in
Hopewell Township, Pennsylvania, to a nonprofit organization known as
the ``Beaver County Corporation for Economic Development'' to provide a
site for economic development; as amended.
The SPEAKER pro tempore, Mr. MILLER of California, recognized Mr.
TRAFICANT and Mr. PETRI, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MILLER of California, announced that two-
thirds of the Members present had voted in the affirmative.
Mr. PETRI objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. MILLER of California, pursuant to clause
5, rule I, announced that further proceedings on the motion were
postponed.
The point of no quorum was considered as withdrawn.
Para. 118.27 conservation and water resources development
Mr. APPLEGATE moved to suspend the rules and pass the bill (H.R. 4460)
to provide for conservation and development of water and related
resources, to authorize the Secretary of the Army to construct various
projects for improvements to rivers and harbors of the United States,
and for other purposes; as amended.
The SPEAKER pro tempore, Mr. MILLER of California, recognized Mr.
APPLEGATE and Mr. BOEHLERT, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MILLER of California, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 118.28 frederick s. green united states courthouse
Mr. TRAFICANT moved to suspend the rules and pass the bill (H.R. 4939)
to designate the United States courthouse located at 201 South Vine
Street in Urbana, Illinois, as the ``Frederick S. Green United States
Courthouse''.
The SPEAKER pro tempore, Mr. MILLER of California, recognized Mr.
TRAFICANT and Mr. PETRI, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. MILLER of California, announced that two-
thirds of the Members present had voted in the affirmative.
Mr. PETRI objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. MILLER of California, pursuant to clause
5, rule I, announced that further proceedings on the motion were
postponed.
The point of no quorum was considered as withdrawn.
Para. 118.29 thurgood marshall united states courthouse
Mr. TRAFICANT moved to suspend the rules and pass the bill (H.R. 4910)
to designate the United States courthouse under construction in White
Plains, New York, as the ``Thurgood Marshall United States Courthouse''.
The SPEAKER pro tempore, Mr. MILLER of California, recognized Mr.
TRAFICANT and Mr. PETRI, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. MILLER of California, announced that two-
thirds of the Members present had voted in the affirmative.
Mr. PETRI objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. MILLER of California, pursuant to clause
5, rule I, announced that further proceedings on the motion were
postponed.
The point of no quorum was considered as withdrawn.
[[Page 2286]]
Para. 118.30 theodore levin federal building and u.s. courthouse
Mr. TRAFICANT moved to suspend the rules and pass the bill (H.R. 4967)
to designate the Federal building and United States courthouse in
Detroit, Michigan, as the ``Theodore Levin Federal Building and United
States Courthouse''; as amended.
The SPEAKER pro tempore, Mr. MILLER of California, recognized Mr.
TRAFICANT and Mr. PETRI, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MILLER of California, announced that two-
thirds of the Members present had voted in the affirmative.
Mr. PETRI objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. MILLER of California, pursuant to clause
5, rule I, announced that further proceedings on the motion were
postponed.
The point of no quorum was considered as withdrawn.
Para. 118.31 airline smoking ban
Mr. OBERSTAR moved to suspend the rules and pass the bill (H.R. 4495)
to amend the Federal Aviation Act of 1958 to prohibit smoking on all
scheduled airline flight segments in air transportation or intrastate
air transportation; as amended.
The SPEAKER pro tempore, Mr. MILLER of California, recognized Mr.
OBERSTAR and Mr. CLINGER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MILLER of California, announced that two-
thirds of the Members present had voted in the affirmative.
Mr. CLINGER objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. MILLER of California, pursuant to clause
5, rule I, announced that further proceedings on the motion were
postponed.
The point of no quorum was considered as withdrawn.
Para. 118.32 ntsb authorization
Mr. OBERSTAR moved to suspend the rules and agree to the following
resolution (H. Res. 558):
Resolved, That upon the adoption of this resolution the
bill (H.R. 2440) to amend the Independent Safety Board Act of
1974 to authorize appropriations for fiscal year 1994, 1995,
and 1996, and for other purposes, with the Senate amendment
thereto, shall be considered to have been taken from the
Speaker's table to the end that the Senate amendment thereto
be, and the same is hereby, agreed to with an amendment as
follows:
In lieu of the matter proposed to be inserted by the
amendment of the Senate, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent Safety Board Act
Amendments of 1994''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 1118(a) of title 49, United States Code, is amended
to read as follows:
``(a) In General.--There is authorized to be appropriated
for the purposes of this chapter $37,580,000 for fiscal year
1994, $44,000,000 for fiscal year 1995, and $45,100,000 for
fiscal year 1996. Such sums shall remain available until
expended.''.
SEC. 3. APPLICABILITY OF CERTAIN REGULATIONS AND REQUIREMENTS
TO THE OPERATION OF PUBLIC AIRCRAFT.
(a) Definition of Public Aircraft.--Section 40102(a)(37) of
title 49, United States Code, is amended by striking
subparagraph (B) and inserting the following:
``(B) does not include a government-owned aircraft--
``(i) transporting property for commercial purposes; or
``(ii) transporting passengers other than--
``(I) transporting (for other than commercial purposes)
crewmembers or other persons aboard the aircraft whose
presence is required to perform, or is associated with the
performance of, a governmental function such as firefighting,
search and rescue, law enforcement, aeronautical research, or
biological or geological resource management; or
``(II) transporting (for other than commercial purposes)
persons abroad the aircraft if the aircraft is operated by
the Armed Forces or an intelligence agency of the United
States.
An aircraft described in the preceding sentence shall,
notwithstanding any limitation relating to use of the
aircraft for commercial purposes, be considered to be a
public aircraft for the purposes of this part without regard
to whether the aircraft is operated by a unit of government
on behalf of another unit of government, pursuant to a cost
reimbursement agreement between such units of government, if
the unit of government on whose behalf the operation is
conducted certifies to the Administrator of the Federal
Aviation Administration that the operation was necessary to
respond to a significant and imminent threat to life or
property (including natural resources) and that no service by
a private operator was reasonably available to meet the
threat.''.
(b) Authority To Grant Exemptions.--
(1) In general.--The Administrator of the Federal Aviation
Administration may grant an exemption to any unit of Federal,
State, or local government from any requirement of part A of
subtitle VII of title 49, United States Code, that would
otherwise be applicable to current or future aircraft of such
unit of government as a result of the amendment made by
subsection (a) of this section.
(2) Requirements.--The Administrator may grant an exemption
under paragraph (1) only if--
(A) the Administrator finds that granting the exemption is
necessary to prevent an undue economic burden on the unit of
government; and
(B) the Administrator certifies that the aviation safety
program of the unit of government is effective and
appropriate to ensure safe operations of the type of aircraft
operated by the unit of government.
(c) Investigative Authority of Board.--
(1) Accidents involving public aircraft.--Section
1131(a)(1)(A) of title 49, United States Code, is amended by
inserting before the semicolon at the end the following: ``or
an aircraft accident involving a public aircraft as defined
by section 40102(a)(37) of this title other than an aircraft
operated by the Armed Forces or by an intelligence agency of
the United States''.
(2) Duties and powers.--Section 1131 of title 49, United
States Code, is amended--
(A) by redesignating subsection (d) as subsection (e); and
(B) by inserting after subsection (c) the following:
``(d) Accidents Involving Public Aircraft.--The Board, in
furtherance of its investigative duties with respect to
public aircraft accidents under subsection (a)(1)(A) of this
section, shall have the same duties and powers as are
specified for civil aircraft accidents under sections
1132(a), 1132(b), and 1134(b)(2) of this title.''.
(d) Effective Date.--The amendments made by subsections (a)
and (c) shall take effect on the 180th day following the date
of the enactment of this Act.
SEC. 4. RELEASE OF RESERVATIONS AND RESTRICTIONS ON CERTAIN
PROPERTY LOCATED IN RAPIDES PARISH, LOUISIANA.
(a) Release.--Notwithstanding any other provision of law,
and except as provided in subsections (b) and (d), the United
States releases without consideration all reservations,
restrictions, conditions, and limitations on the use,
encumbrance, or conveyance of certain real property (together
with any improvements thereon and easements appurtenant
thereto) consisting of approximately 1,991.53 acres of land
and located in Rapides Parish, Louisiana, the location of
Esler Field, as identified in the deed of conveyance from the
United States to the Parish of Rapides, Louisiana, dated
January 23, 1958, to the extent such reservations,
restrictions, conditions, and limitations are enforceable by
the United States.
(b) Exceptions.--The United States reserves the right of
reentry upon or use of the property described in subsection
(a) for national defense purposes in time of war or other
national emergency without charge. The release provided by
subsection (a) does not apply to any conditions or assurances
associated with (1) the continued nonexclusive use without
charge of the airport and use of space at the airport,
without charge, by the Louisiana National Guard, (2) the
nonexclusive use of the airport by transient military
aircraft without charge, or (3) the nonexclusive use of the
airport by transient military aircraft without charge during
periods of maneuvers.
(c) Limitation on Statutory Construction.--Nothing in this
section shall be construed to affect the disposition or
ownership of oil, gas, or other mineral resources either in
or under the surface of the real property described in
subsection (a).
(d) Federal Aviation Administration.--
(1) Nonapplicability of release to grant agreements.--The
release described in subsection (a) does not apply to any
conditions and assurances associated with existing airport
grant agreements between the Rapides Parish Airport
Authority/Esler Field and the Federal Aviation
Administration.
(2) Agreement.--Notwithstanding any other provisions of
law, the Administrator of the Federal Aviation Administration
shall enter into an agreement with the Airport Authority of
Rapides Parish, Louisiana, to provide for the terms and
conditions under which the real property described in
subsection (a) may be used, leased, sold, or otherwise
disposed. The agreement shall be concluded not later than 180
days after the date of the enactment of this Act.
(e) Effective Date.--This section shall take effect on the
180th day following the date of the enactment of this Act.
The SPEAKER pro tempore, Mr. MILLER of California, recognized Mr.
OBERSTAR and Mr. CLINGER, each for 20 minutes.
After debate,
[[Page 2287]]
The question being put, viva voce,
Will the House suspend the rules and agree to said resolution?
The SPEAKER pro tempore, Mr. MILLER of California, announced that two-
thirds of the Members present had voted in the affirmative.
Mr. CLINGER objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. MILLER of California, pursuant to clause
5, rule I, announced that further proceedings on the motion were
postponed.
The point of no quorum was considered as withdrawn.
Para. 118.33 one-call notification systems
Mr. SHARP moved to suspend the rules and pass the bill (H.R. 4394) to
provide for the establishment of mandatory State-operated comprehensive
one-call systems to protect natural gas and hazardous liquid pipelines
and all other underground facilities from being damaged by any
excavations, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. MILLER of California, recognized Mr.
SHARP and Mr. MOORHEAD, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MILLER of California, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 118.34 rail strike extension
Mr. SWIFT moved to suspend the rules and pass the joint resolution
(H.J. Res. 417) providing for temporary extension of the application of
the final paragraph of section 10 of the Railway Labor Act with respect
to the dispute between the Soo Line Railroad Company and certain of its
employees.
The SPEAKER pro tempore, Mr. MILLER of California, recognized Mr.
SWIFT and Mr. OXLEY, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said joint resolution?
The SPEAKER pro tempore, Mr. de la GARZA, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said joint resolution, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said joint resolution was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
Para. 118.35 petroleum marketing practices
Mr. SHARP moved to suspend the rules and pass the bill (H.R. 1520) to
amend the Petroleum Marketing Practices Act; as amended.
The SPEAKER pro tempore, Mr. de la GARZA, recognized Mr. SHARP and Mr.
MOORHEAD, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. de la GARZA, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. LEWIS of California demanded that the vote be taken by the yeas
and nays, which demand was supported by one-fifth of the Members
present, so the yeas and nays were ordered.
The SPEAKER pro tempore, Mr. de la GARZA, pursuant to clause 5, rule
I, announced that further proceedings on the motion were postponed.
Para. 118.36 export administration act temporary extension
Mr. MENENDEZ moved to suspend the rules and pass the bill (H.R. 5108)
to extend the Export Administration Act of 1979; as amended.
The SPEAKER pro tempore, Mr. de la GARZA, recognized Mr. MENENDEZ and
Mr. SMITH of New Jersey, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. de la GARZA, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. SMITH of New Jersey demanded that the vote be taken by the yeas
and nays, which demand was supported by one-fifth of the Members
present, so the yeas and nays were ordered.
The SPEAKER pro tempore, Mr. de la GARZA, pursuant to clause 5, rule
I, announced that further proceedings on the motion were postponed.
Para. 118.37 condemn sinking of tugboat by cuba
Mr. MENENDEZ moved to suspend the rules and agree to the following
concurrent resolution (H. Con. Res. 279); as amended:
Whereas there are credible reports that on July 13, 1994,
vessels of the Cuban Government fired high-pressure water
hoses, repeatedly rammed, and deliberately sank the ``13th of
March'', a tugboat carrying 72 unarmed Cuban citizens;
Whereas approximately 40 of the men, women, and children
passengers on the ``13th of March'' drowned as a result of
the actions of the Cuban Government, including over 20
children aboard;
Whereas President Clinton deplored the sinking of the
``13th of March'' as ``another example of the brutal nature
of the Cuban regime'';
Whereas on August 20, 1994, the President pledged that
``The United States will continue to bring before the United
Nations and other international organizations evidence of
human rights abuses, such as the sinking of the tugboat `13th
of March.' Meanwhile, we will pursue this matter with vigor
and determination.'';
Whereas all of the male survivors of the ``13th of March''
have been imprisoned by the Cuban Government;
Whereas the freedom to emigrate is an internationally
recognized human right and freedom's fundamental guarantor of
last resort; and
Whereas the Cuban Government, by prohibiting the existence
of a free press and by jamming TV and Radio Marti, denies the
Cuban people for the right of free access to information,
including information about this tragedy: Now, therefore, be
it
Resolved by the House of Representatives (the Senate
concurring), That the Congress--
(1) condemns the Cuban Government for deliberately sinking
on July 13, 1994, the ``13th of March'', a tugboat carrying
72 unarmed Cuban citizens, causing the death of approximately
40 Cuban citizens, including over 20 children;
(2) urges the President to direct the United States
Representative to the United Nations to urge the United
Nations Security Council to adopt a resolution that--
(A) condemns the sinking of the ``13th of March''; and
(B) provides for a full internationally supervised
investigation of the incident;
(3) urges the President to direct the United States
Representative to the United Nations to urge the United
Nations High Commissioner for Human Rights to investigate the
sinking of the ``13th of March''; and
(4) urges the Cuban Government--
(A) to release from prison and cease intimidation measures
against all survivors of the sinking of the ``13th of
March'';
(B) to identify all individuals missing from such sinking;
(C) to recover the bodies of the dead from such sinking;
and
(D) to return such bodies to their families so that these
men, women, and children may have appropriate burial
services.
The SPEAKER pro tempore, Mr. de la GARZA, recognized Mr. MENENDEZ and
Mr. SMITH of New Jersey, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution, as amended?
The SPEAKER pro tempore, Mr. de la GARZA, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. SMITH of New Jersey demanded that the vote be taken by the yeas
and nays, which demand was supported by one-fifth of the Members
present, so the yeas and nays were ordered.
The SPEAKER pro tempore, Mr. de la GARZA, pursuant to clause 5, rule
I, announced that further proceedings on the motion were postponed.
Para. 118.38 permission to file conference report
On motion of Mr. LaFALCE, by unanimous consent, the managers on the
part of the House were granted permission until midnight tonight to file
a conference report (Rept. No. 103-824) on
[[Page 2288]]
the bill of the Senate (S. 2060) to amend the Small Business Act and the
Small Business Investment Act of 1958, and for other purposes; together
with a statement thereon, for printing in the Record under the rule.
Para. 118.39 commend work of u.s. labor attache corps
Mr. MENENDEZ moved to suspend the rules and agree to the following
concurrent resolution (H. Con. Res. 257); as amended:
Whereas the integration of the global economy is
accelerating;
Whereas capital and technology are now easily transferred
across national borders and throughout the world, while labor
policies remain comparatively bound by national policies and
allegiances;
Whereas the importance of promoting international respect
for fundamental worker rights and labor standards is crucial
to building broader support for balanced, equitable, and
sustainable growth in an expanding global economy;
Whereas there exists a growing body of international law
and international trade agreements, some of which originated
in the early 1900s, that firmly establish the free exercise
of fundamental worker rights, improved working conditions,
and rising living standards as essential requirements of fair
competition in a healthy, open, growing global economy;
Whereas in 1941 President Franklin Roosevelt, as part of
the Atlantic Charter, committed the United States to ``the
fullest collaboration between all nations in the economic
field with the object of securing, for all, improved labor
standards, economic advancement, and social security'';
Whereas the United States Government during World War II
recognized the crucial importance of the needs, interests,
and aspirations of all working people in general and the role
that trade unions in particular would play in the
reconstruction of Europe and the future development of newly
independent nations;
Whereas the United States Labor Attache Corps was
established within the United States Government in 1943 and
individual labor attaches ever since have been posted to
United States embassies in scores of foreign countries to
study and encourage the concurrent development of
professional labor ministries within foreign governments and
strong, independent, indigenous trade unions among working
people in foreign countries;
Whereas the United States Labor Attache Corps throughout
the cold war played a crucial role in the struggle against
Communism and in building support for freedom and democratic
values and institutions throughout the world;
Whereas there is an increasing need for the American people
and their policymakers in the post-cold war era to better
understand the needs, interests, and aspiration of working
people abroad and the concerns that they share in common with
working people in the United States;
Whereas the United States Labor Attache Corps continues to
reach beyond the traditional focus of the United States
Foreign Service upon senior foreign government officials to
attain a broader, in-depth understanding of grassroots
concerns and developments among working people in foreign
countries and the wider significance those concerns hold for
political processes and socioeconomic developments within
foreign countries;
Whereas the United States Labor Attache Corps for 50 years
has demonstrated repeatedly the crucial importance of free,
independent, and democratic trade unions to the development
of free, independent, and democratic societies, thus
advancing the profound national interest of the United States
in promoting the further development of democratic values,
processes, and institutions throughout the world;
Whereas the United States Labor Attache Corps facilitates
many useful international exchanges between organized and
unorganized United States and foreign workers and assists
with a wide range of the international activities of several
United States executive agencies, including the Department of
State, the Department of Labor, and the Office of the United
States Trade Representative;
Whereas the national labor policies and standards of
foreign countries, and the extent to which the governments of
foreign countries are meeting and enforcing their legal
obligations in this regard, are increasingly important
factors in fair trade, particularly in determining whether
consumer markets with broad-based purchasing power will
emerge in those countries and whether most foreign workers in
those countries will ever be able to buy United States
exports, thus making the monitoring and reporting functions
of the United States Labor Attache Corps of growing
importance; and
Whereas President Clinton during his official visit to
Europe in January 1994 reaffirmed the United States
commitment to promoting respect for the fundamental rights of
workers everywhere and to pursuing policies that will enable
working people in the United States and abroad to share more
fully in the benefits of expanding international trade and
investment in the global economy: Now, therefore, be it
Resolved by House of Representatives (the Senate
concurring), That--
(1) the Congress commends the United States Labor Attache
Corps for the historic role it has played throughout the past
50 years in nurturing freedom and assisting in the
development of democratic values and processes throughout the
world; and
(2) the Secretary of State and the Secretary of Labor
should jointly--
(A) review the mission and organization of the United
States Labor Attache Corps, and determine what reforms are
necessary to redesign and assure continued relevance of the
work of the Corps in the post-cold war era;
(B) implement such reforms to the extent possible under
existing law, and consistent with existing resources;
(C) design and implement an interagency recruitment and
training program to assure sufficient qualified personnel for
the Corps, and to enhance the professional development of
existing personnel, consistent with the continuing need for
monitoring and reporting on the needs, interests and
aspirations of working people in foreign countries;
(D) develop a plan to assure that a labor counselor,
attache or reporting officer is assigned to every United
States Embassy abroad by January 1, 1997, and determine what
additional resources are necessary to achieve this goal; and
(E) not later than October 31, 1994 January 1, 1995, submit
a report to the Speaker of the House of Representatives and
the Chairman of the Committee on Foreign Relations, detailing
the outcome of the review conducted and the steps undertaken
pursuant to this section, and recommending such changes in
law and such additional resources as may be necessary to
implement needed further reforms.
The SPEAKER pro tempore, Mr. de la GARZA, recognized Mr. MENENDEZ and
Mr. SMITH of New Jersey, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution, as amended?
The SPEAKER pro tempore, Mr. de la GARZA, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution, as amended, was
agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said concurrent resolution, as amended, was agreed to was, by unanimous
consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
Para. 118.40 commend cristiani's peace efforts
Mr. MENENDEZ moved to suspend the rules and agree to the following
concurrent resolution (H. Con. Res. 286):
Whereas President Alfredo Cristiani decisively led the
Government of El Salvador in successful negotiations which
ended that country's 12-year civil war;
Whereas President Cristiani initiated and oversaw the
implementation of the important initial stages of the 1992
Peace Agreement, overcoming numerous obstacles in the
process;
Whereas the people of the United States and El Salvador
recognize President Cristiani's historic achievement and the
central role he has played in promoting genuine national
reconciliation in El Salvador;
Whereas President Cristiani ended his term of office on
June 1, 1994, transferring the powers of the presidency to
his democratically elected successor; and
Whereas this smooth and unprecedented democratic transition
could not have taken place had it not been for the efforts of
President Cristiani to achieve peace in El Salvador: Now,
therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That the Congress--
(1) expresses its admiration for President Cristiani for
his unflagging service to the cause of peace and democracy in
El Salvador;
(2) applauds the statesmanlike manner in which President
Cristiani worked closely with the Friends of the Peace
Process, the United States, the United Nations, and the rest
of the international community to achieve peace in El
Salvador;
(3) applauds the efforts of President Cristiani to lay a
foundation of dignity and hope for the future of the
Salvadoran people; and
(4) expresses its hope that President Cristiani will enjoy
success in his future endeavors and remain engaged in public
service on behalf of his country and on behalf of efforts to
advance peace, justice, and democracy throughout the Western
Hemisphere.
The SPEAKER pro tempore, Mr. de la GARZA, recognized Mr. MENENDEZ and
Mr. SMITH of New Jersey, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution?
The SPEAKER pro tempore, Mr. de la GARZA, announced that two-thirds
[[Page 2289]]
of the Members present had voted in the affirmative.
Mr. SMITH of New Jersey demanded that the vote be taken by the yeas
and nays, which demand was supported by one-fifth of the Members
present, so the yeas and nays were ordered.
The SPEAKER pro tempore, Mr. de la GARZA, pursuant to clause 5, rule
I, announced that further proceedings on the motion were postponed.
Para. 118.41 outer continental shelf sand and gravel resources
Mr. STUDDS moved to suspend the rules and pass the bill (H.R. 3678) to
authorize the Secretary of the Interior to negotiate agreements for the
use of Outer Continental Shelf sand, gravel, and shell resources; as
amended.
The SPEAKER pro tempore, Mr. de la GARZA, recognized Mr. STUDDS and
Mr. WELDON, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. de la GARZA, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 118.42 indoor air contaminants
Mr. WAXMAN moved to suspend the rules and pass the bill (H.R. 2919) to
amend the Public Health Service Act to authorize a national program to
reduce the threat to human health posed by exposure to contaminants in
the air indoors; as amended.
The SPEAKER pro tempore, Mr. de la GARZA, recognized Mr. WAXMAN and
Mr. BLILEY, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. de la GARZA, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said as was passed.
By unanimous consent, the title was amended so as to read: ``A bill to
authorize a national program to reduce the threat to human health posed
by exposure to contaminants in the air indoors.''.
On motion of Mr. WAXMAN, by unanimous consent, the bill of Senate (S.
656) provide for indoor air pollution batement including indoor radon
abatement, and for other purposes; was taken from the Speaker's table.
When said bill was considered and read twice.
Mr. WAXMAN submitted the following amendment, which was agreed to:
Strike out all after the enacting clause and insert the provisions of
H.R. 2919, as passed by the House.
The bill, as amended, was ordered to be read a third time, was read a
third time by title, and passed.
By unanimous consent, the title was amended so as to read: ``A bill to
authorize a national program to reduce the threat to human health posed
by exposure to contaminants in the air indoors.''.
A motion to reconsider the votes whereby said bill, as amended, was
passed and the title was amended was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendments.
By unanimous consent, H.R. 2919, a similar House bill, was laid on the
table.
Para. 118.43 u.s.-mexico border health commission
Mr. WAXMAN moved to suspend the rules and pass the bill of the Senate
(S. 1225) to authorize and encourage the President to conclude an
agreement with Mexico to establish a United States-Mexico Border Health
Commission.
The SPEAKER pro tempore, Mr. de la GARZA, recognized Mr. WAXMAN and
Mr. MOORHEAD, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. de la GARZA, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. MOORHEAD demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The SPEAKER pro tempore, Mr. de la GARZA, pursuant to clause 5, rule
I, announced that further proceedings on the motion were postponed.
Para. 118.44 messages from the president
Sundry messages in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
Para. 118.45 h.r. 2129--unfinished business
The SPEAKER pro tempore, Mr. de la GARZA, pursuant to clause 5, rule
I, announced the unfinished business to be the motion to suspend the
rules and pass the bill (H.R. 2129) to amend the Trademark Act of 1946
to provide for the registration and protection of trademarks used in
commerce, in order to carry out provisions of certain international
conventions, and for other purposes; as amended.
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. de la GARZA, announced that two-thirds of
those present had voted in the affirmative.
Mr. LEWIS of California objected to the vote on the ground that a
quorum was not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
387
When there appeared
<3-line {>
Nays
3
Para. 118.46 [Roll No. 457]
YEAS--387
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Camp
Canady
Cantwell
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Hastert
Hastings
Hefley
Hefner
Herger
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hutchinson
Hutto
Hyde
Inglis
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Kanjorski
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
LaRocco
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lucas
Machtley
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCrery
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
[[Page 2290]]
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Reynolds
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Towns
Traficant
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--3
Bentley
Hunter
Kaptur
NOT VOTING--44
Bacchus (FL)
Baker (LA)
Berman
Blackwell
Borski
Callahan
Calvert
Carr
Cox
Darden
Ford (TN)
Gallo
Grams
Grandy
Green
Harman
Hayes
Hilliard
Inhofe
Johnston
Kyl
Lantos
Laughlin
Lowey
Maloney
McCollum
McCurdy
McDade
McMillan
Neal (MA)
Owens
Pastor
Rangel
Richardson
Rostenkowski
Roth
Slattery
Sundquist
Taylor (NC)
Torricelli
Tucker
Washington
Wheat
Whitten
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 118.47 h.r. 4608--unfinished business
The SPEAKER pro tempore, Mr. de la GARZA, pursuant to clause 5, rule
I, announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 4608) to authorize appropriations for
the Patent and Trademark Office in the Department of Commerce for fiscal
year 1995, and for other purposes; as amended.
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. de la GARZA, announced that two-thirds of
those present had voted in the affirmative.
Mr. POMBO demanded a recorded vote on passage of said bill, as
amended, which demand was supported by one-fifth of a quorum, so a
recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
146
<3-line {>
negative
Nays
251
Para. 118.48 [Roll No. 458]
AYES--146
Abercrombie
Andrews (NJ)
Applegate
Bacchus (FL)
Ballenger
Barrett (NE)
Bartlett
Becerra
Bereuter
Bonilla
Bonior
Boucher
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bunning
Castle
Clayton
Clinger
Clyburn
Collins (MI)
Conyers
Coyne
Dellums
Derrick
Diaz-Balart
Dickey
Dingell
Edwards (CA)
Ehlers
Engel
Evans
Farr
Fazio
Fields (LA)
Filner
Fish
Foglietta
Ford (MI)
Frank (MA)
Gallegly
Gejdenson
Gekas
Gephardt
Gibbons
Gilchrest
Gonzalez
Hamburg
Hansen
Hastert
Herger
Hinchey
Hochbrueckner
Hoke
Horn
Houghton
Huffington
Hughes
Hunter
Hyde
Jefferson
Johnson (CT)
Johnson, E. B.
Kanjorski
Kennedy
Kennelly
Klink
Knollenberg
Kopetski
Kreidler
Leach
Levy
Lewis (KY)
Lightfoot
Lucas
Manton
Markey
Martinez
Mazzoli
McCandless
McCrery
McDermott
McInnis
McKeon
McKinney
Meek
Menendez
Michel
Mineta
Moakley
Montgomery
Moorhead
Moran
Murphy
Murtha
Myers
Nadler
Nussle
Oberstar
Oxley
Parker
Payne (NJ)
Pelosi
Petri
Pickett
Pickle
Porter
Pryce (OH)
Quillen
Quinn
Ravenel
Reynolds
Rogers
Rose
Roukema
Roybal-Allard
Sanders
Sangmeister
Sawyer
Schiff
Schumer
Scott
Serrano
Shuster
Slaughter
Smith (IA)
Smith (NJ)
Smith (OR)
Studds
Swift
Tauzin
Thompson
Thornton
Torres
Towns
Velazquez
Vento
Walker
Walsh
Watt
Weldon
Williams
Woolsey
Wynn
Young (AK)
NOES--251
Ackerman
Allard
Andrews (ME)
Andrews (TX)
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Barca
Barcia
Barlow
Barrett (WI)
Barton
Bateman
Beilenson
Bentley
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Brewster
Browder
Bryant
Burton
Buyer
Byrne
Camp
Canady
Cantwell
Cardin
Chapman
Clay
Clement
Coble
Coleman
Collins (GA)
Collins (IL)
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
de la Garza
Deal
DeFazio
DeLauro
DeLay
Deutsch
Dicks
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Emerson
English
Eshoo
Everett
Ewing
Fawell
Fields (TX)
Fingerhut
Flake
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Geren
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hastings
Hefley
Hefner
Hoagland
Hobson
Hoekstra
Holden
Hoyer
Hutchinson
Hutto
Inglis
Inslee
Istook
Jacobs
Johnson (GA)
Johnson (SD)
Johnson, Sam
Kaptur
Kasich
Kildee
Kim
King
Kingston
Kleczka
Klein
Klug
Kolbe
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Lehman
Levin
Lewis (CA)
Lewis (FL)
Lewis (GA)
Linder
Lipinski
Livingston
Lloyd
Long
Machtley
Mann
Manzullo
Margolies-Mezvinsky
Matsui
McCloskey
McCollum
McHale
McHugh
McNulty
Meehan
Meyers
Mfume
Mica
Miller (CA)
Miller (FL)
Minge
Mink
Molinari
Mollohan
Morella
Neal (NC)
Obey
Olver
Ortiz
Orton
Packard
Pallone
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Pombo
Pomeroy
Portman
Poshard
Price (NC)
Rahall
Ramstad
Reed
Regula
Ridge
Roberts
Roemer
Rohrabacher
Ros-Lehtinen
Roth
Rowland
Royce
Rush
Sabo
Santorum
Sarpalius
Saxton
Schaefer
Schenk
Schroeder
Sensenbrenner
Sharp
Shaw
Shays
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Smith (MI)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Stump
Stupak
Swett
Synar
Talent
Tanner
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thurman
Torkildsen
Traficant
Unsoeld
Upton
Valentine
Visclosky
Volkmer
Vucanovich
Waters
Waxman
Wilson
Wise
Wolf
Wyden
Yates
Young (FL)
Zeliff
Zimmer
NOT VOTING--37
Baker (LA)
Berman
Blackwell
Borski
Callahan
Calvert
Carr
Darden
Ford (TN)
Gallo
Grandy
Green
Harman
Hayes
Hilliard
Inhofe
Johnston
Kyl
Laughlin
Lowey
Maloney
McCurdy
McDade
McMillan
Neal (MA)
Owens
Pastor
Rangel
Richardson
Rostenkowski
Slattery
Sundquist
Torricelli
Tucker
Washington
Wheat
Whitten
So, two-thirds of the Members present having not voted in favor
thereof, the rules were not suspended and said bill, as amended, was not
passed.
Para. 118.49 h.r. 4896--unfinished business
The SPEAKER pro tempore, Mr. de la GARZA, pursuant to clause 5, rule
I, announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 4896) to grant the consent of the
Congress to the Kansas and Missouri Metropolitan Culture District
Compact.
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. de la GARZA, announced that two-thirds of
those present had voted in the affirmative.
[[Page 2291]]
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 118.50 s. 1233--unfinished business
The SPEAKER pro tempore, Mr. de la GARZA, pursuant to clause 5, rule
I, announced the further unfinished business to be the motion to suspend
the rules and pass the bill of the Senate (S. 1233) to resolve the
status of certain lands in Arizona that are subject to a claim as a
grant of public lands for railroad purposes, and for other purposes.
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. de la GARZA, announced that two-thirds of
those present had voted in the affirmative.
Mr. McKEON demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
381
<3-line {>
affirmative
Nays
15
Para. 118.51 [Roll No. 459]
AYES--381
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonior
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Camp
Canady
Cantwell
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Hastert
Hastings
Hefley
Hefner
Herger
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hutchinson
Hutto
Hyde
Inglis
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Kanjorski
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Levy
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Lloyd
Long
Lucas
Machtley
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickle
Pombo
Pomeroy
Porter
Portman
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Reynolds
Ridge
Roberts
Roemer
Rogers
Ros-Lehtinen
Rose
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Swett
Swift
Synar
Talent
Tauzin
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Towns
Traficant
Unsoeld
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--15
Bonilla
Collins (GA)
Dicks
Duncan
Gonzalez
Hunter
Lewis (CA)
Livingston
Pickett
Poshard
Rohrabacher
Shuster
Tanner
Taylor (MS)
Valentine
NOT VOTING--38
Baker (LA)
Berman
Blackwell
Borski
Callahan
Calvert
Carr
Darden
Ford (TN)
Gallo
Grandy
Green
Harman
Hayes
Hilliard
Inhofe
Johnston
Kaptur
Kyl
Laughlin
Lowey
Maloney
McCurdy
McDade
McMillan
Neal (MA)
Owens
Pastor
Rangel
Richardson
Rostenkowski
Slattery
Sundquist
Torricelli
Tucker
Washington
Wheat
Whitten
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the the Senate thereof.
Para. 118.52 h.r. 4777--unfinished business
The SPEAKER pro tempore, Mr. de la GARZA, pursuant to clause 5, rule
I, announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 4777) to make technical improvements
in the United States Code by amending provisions to reflect the current
names of congressional committees; as amended.
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. de la GARZA, announced that two-thirds of
those present had voted in the affirmative.
Mr. SKEEN demanded a recorded vote on passage of said bill, as
amended, which demand was supported by one-fifth of a quorum, so a
recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
391
<3-line {>
affirmative
Nays
3
Para. 118.53 [Roll No. 460]
AYES--391
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Ballenger
Barca
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Bonilla
Bonior
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Camp
Canady
Cantwell
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
de la Garza
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Gordon
[[Page 2292]]
Goss
Grams
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Hastert
Hastings
Hefley
Hefner
Herger
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lucas
Machtley
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Reynolds
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stokes
Strickland
Studds
Stump
Stupak
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Towns
Traficant
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--3
Deal
Penny
Stenholm
NOT VOTING--40
Baker (LA)
Barcia
Berman
Blackwell
Boehner
Borski
Callahan
Calvert
Carr
Darden
Ford (TN)
Gallo
Goodling
Grandy
Green
Harman
Hayes
Hilliard
Inhofe
Johnston
Kyl
Laughlin
Lowey
Maloney
McCurdy
McDade
McMillan
Neal (MA)
Owens
Pastor
Rangel
Richardson
Rostenkowski
Slattery
Sundquist
Torricelli
Tucker
Washington
Wheat
Whitten
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 118.54 h.r. 4462--unfinished business
The SPEAKER pro tempore, Mr. de la GARZA, pursuant to clause 5, rule
I, announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 4462) to provide for administrative
procedures to extend Federal recognition to certain Indian groups, and
for other purposes; as amended.
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. de la GARZA, announced that two-thirds of
those present had voted in the affirmative.
Mr. McCANDLESS demanded a recorded vote on passage of said bill, as
amended, which demand was supported by one-fifth of a quorum, so a
recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
337
<3-line {>
affirmative
Nays
54
Para. 118.55 [Roll No. 461]
AYES--337
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Bonilla
Bonior
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Camp
Cantwell
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Combest
Conyers
Cooper
Coppersmith
Coyne
Cramer
Crapo
Cunningham
de la Garza
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Foglietta
Ford (MI)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Gordon
Goss
Grams
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hastert
Hastings
Hefley
Hefner
Herger
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lucas
Machtley
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McDermott
McHale
McInnis
McKeon
McKinney
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Oxley
Packard
Pallone
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Reynolds
Ridge
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Slaughter
Smith (IA)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Spence
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Talent
Tanner
Tauzin
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torres
Towns
Traficant
Unsoeld
Upton
Valentine
Velazquez
Vento
Vucanovich
Walker
Waters
Watt
Waxman
Weldon
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
NOES--54
Allard
Armey
Ballenger
Canady
Coble
Collins (GA)
Condit
Costello
Cox
Crane
Danner
Deal
DeLay
Duncan
Emerson
Fawell
Fingerhut
Fowler
Geren
Goodlatte
Hancock
Hansen
Johnson, Sam
Kingston
Manzullo
McHugh
McNulty
Orton
Parker
Paxon
Penny
Petri
Poshard
Regula
Roberts
Roemer
Roukema
Royce
Schaefer
Sensenbrenner
Skelton
Smith (MI)
Solomon
Stearns
Stenholm
Stump
Taylor (MS)
Taylor (NC)
Visclosky
Volkmer
Walsh
Young (FL)
Zeliff
Zimmer
NOT VOTING--43
Baker (LA)
Berman
Blackwell
Boehner
Borski
Callahan
Calvert
Carr
Darden
Fish
Ford (TN)
Gallo
Goodling
Grandy
Green
Harman
Hayes
Hilliard
Inhofe
Johnston
Kyl
[[Page 2293]]
Laughlin
Lowey
Maloney
Matsui
McCurdy
McDade
McMillan
Neal (MA)
Owens
Pastor
Rangel
Richardson
Rostenkowski
Saxton
Slattery
Sundquist
Torkildsen
Torricelli
Tucker
Washington
Wheat
Whitten
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 118.56 h.r. 4833--unfinished business
The SPEAKER pro tempore, Mr. de la GARZA, pursuant to clause 5, rule
I, announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 4833) to reform the management of
Indian Trust Funds, and for other purposes; as amended.
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. de la GARZA, announced that two-thirds of
those present had voted in the affirmative.
Mr. LINDER demanded a recorded vote on passage of said bill, as
amended, which demand was supported by one-fifth of a quorum, so a
recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
353
<3-line {>
affirmative
Nays
39
Para. 118.57 [Roll No. 462]
AYES--353
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Bateman
Becerra
Beilenson
Bentley
Bereuter
Bevill
Bilbray
Bishop
Bliley
Blute
Boehlert
Bonilla
Bonior
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Buyer
Camp
Canady
Cantwell
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Ewing
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Gordon
Goss
Grams
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hastings
Hefner
Herger
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kleczka
Klein
Klink
Knollenberg
Kolbe
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lucas
Machtley
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Reynolds
Ridge
Roberts
Roemer
Ros-Lehtinen
Rose
Roth
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Towns
Traficant
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Waters
Watt
Waxman
Weldon
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Zeliff
Zimmer
NOES--39
Allard
Archer
Armey
Ballenger
Barton
Bilirakis
Bunning
Burton
Collins (GA)
Danner
DeLay
Dickey
Duncan
Emerson
Everett
Fields (TX)
Hancock
Hansen
Hastert
Hefley
Johnson, Sam
Kingston
Klug
Lazio
Lewis (FL)
Lewis (KY)
Parker
Pickett
Rogers
Rohrabacher
Royce
Schaefer
Sensenbrenner
Stearns
Stump
Talent
Taylor (NC)
Walsh
Young (FL)
NOT VOTING--42
Baker (LA)
Berman
Blackwell
Boehner
Borski
Byrne
Callahan
Calvert
Carr
Darden
Fish
Ford (TN)
Gallo
Goodling
Grandy
Green
Harman
Hayes
Hilliard
Inhofe
Johnston
Kyl
Laughlin
Lowey
Maloney
McCurdy
McDade
McMillan
Neal (MA)
Owens
Pastor
Penny
Rangel
Richardson
Rostenkowski
Slattery
Sundquist
Torricelli
Tucker
Washington
Wheat
Whitten
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 118.58 order of business--suspension votes postponed
The SPEAKER pro tempore, Mr. de la GARZA, pursuant to the provisions
of clause 5 of rule I, announced the further postponement of the
proceedings today on the remaining motions to suspend the rules on which
a recorded vote or the yeas and nays are ordered, or on which the vote
is objected to under clause 4 of rule XV: and that such roll call votes,
if postponed, will be taken on Tuesday, October 4, 1994, to follow the
remaining votes already postponed.
Para. 118.59 gao appeals board
Mr. McCLOSKEY moved to suspend the rules and pass the bill (H.R. 5103)
to amend title 31, United States Code, to provide for an Executive
Director of the General Accounting Office Personnel Appeals Board, and
for other purposes; as amended.
The SPEAKER pro tempore, Mr. de la GARZA, recognized Mr. McCLOSKEY and
Mr. GILMAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. DeFAZIO, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 118.60 office of special counsel reauthorization
Mr. McCLOSKEY moved to suspend the rules and pass the bill (H.R. 2970)
to reauthorize the Office of Special Counsel, and for other purposes; as
amended.
The SPEAKER pro tempore, Mr. DeFAZIO, recognized Mr. McCLOSKEY and Mr.
GILMAN, each for 20 minutes.
After debate,
The question being put, viva voce,
[[Page 2294]]
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. DeFAZIO, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 118.61 census address list improvement act
Mr. SAWYER moved to suspend the rules and pass the bill (H.R. 5084) to
amend title 13, United States Code, to improve the accuracy of census
address lists, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. DeFAZIO, recognized Mr. SAWYER and Mr.
GILMAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. DeFAZIO, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 118.62 order of business--modification of suspension
On motion of Mr. de la GARZA, by unanimous consent,
Ordered, That the motion to suspend the rules and pass the bill (H.R.
967) to amend the Federal Insecticide, Fungicide, and Rodenticide Act
with respect to minor use pesticides, as amended, be modified as
follows:
On page 34, line 4 strike ``require'' and insert ``provide
technical assistance to''.
Para. 118.63 pension annuitants protection act
Mr. WILLIAMS moved to suspend the rules and pass the bill of the
Senate (S. 1312) to amend the Employee Retirement Income Security Act of
1974 in order to provide for the availability of remedies for certain
former pension plan participants and beneficiaries.
The SPEAKER pro tempore, Mr. DeFAZIO, recognized Mr. WILLIAMS and Mr.
BARRETT of Nebraska, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. DeFAZIO, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 118.64 correct enrollment of s. 1312
Mr. WILLIAMS, by unanimous consent, called up for consideration of the
following concurrent resolution (H. Con. Res. 304):
Resolved by the House of Representatives (the Senate
concurring), That, in the enrollment of the bill (S. 1312) to
amend the Employee Retirement Income Security Act of 1974 in
order to provide for the availability of remedies for certain
former pension plan participants and beneficiaries, the
Secretary of the Senate shall make the following corrections:
(1) In Section 1, strike ``1993'' and insert ``1994''.
(2) In section 2(1) strike ``paragraph (5)'' and insert
``paragraph (7)''.
(3) In section 2(2), strike ``paragraph (6)'' and insert
``paragraph (8)''.
(4) In section 2(3), in the new paragraph (7) to be added
thereby, strike ``(7)'' and insert ``(9)''.
(5) In section 3, strike ``subsection (a)(7)'' and insert
``subsection (a)(9)''.
When said concurrent resolution was considered and agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
Para. 118.65 midwest interstate radioactive waste compact
Mr. LEHMAN moved to suspend the rules and pass the bill (H.R. 4814) to
grant the consent of the Congress to amendments to the Central Midwest
Interstate Low-Level Radioactive Waste Compact; as amended.
The SPEAKER pro tempore, Mr. DeFAZIO, recognized Mr. LEHMAN and Mr.
THOMAS of Wyoming, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. DeFAZIO, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 118.66 colville indian claims settlement
Mr. MILLER of California moved to suspend the rules and pass the bill
(H.R. 4757) to provide for the settlement of the claims of the
Confederated Tribes of the Colville Reservation concerning their
contribution to the production of hydropower by the Grand Coulee Dam,
and for other purposes; as amended.
The SPEAKER pro tempore, Mr. DeFAZIO, recognized Mr. MILLER of
California and Mr. THOMAS of Wyoming, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. INSLEE, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 118.67 water desalination act
Mr. MILLER of California moved to suspend the rules and pass the bill
(H.R. 4944) to authorize the Secretary of the Interior to conduct
studies regarding the desalination of water and water reuse, and for
other purposes; as amended.
The SPEAKER pro tempore, Mr. INSLEE, recognized Mr. MILLER of
California and Mr. THOMAS of Wyoming, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. INSLEE, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 118.68 arizona indian water rights settlement
Mr. MILLER of California moved to suspend the rules and pass the bill
of the Senate (S. 1146) to provide for the settlement of the water
rights claims of the Yavapai-Prescott Indian Tribe in Yavapai County,
Arizona, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. INSLEE, recognized Mr. MILLER of
[[Page 2295]]
California and Mr. THOMAS of Wyoming, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. INSLEE, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
Para. 118.69 providing for the consideration of h.r. 5044
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-806) the resolution (H. Res. 562) providing for the
consideration of the bill (H.R. 5044) to establish the American Heritage
Areas Partnership Program, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 118.70 yakima river basin water enhancement project
Mr. MILLER of California moved to suspend the rules and pass the bill
(H.R. 5148) to authorize certain elements of the Yakima River Basin
Water Enhancement Project, and for other purposes.
The SPEAKER pro tempore, Mr. INSLEE, recognized Mr. MILLER of
California and Mr. THOMAS of Wyoming, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. INSLEE, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 118.71 clerk to correct engrossment
On motion of Mr. MILLER of California, by unanimous consent,
Ordered, That in the engrossment of the foregoing bill, the Clerk be
authorized to correct section numbers, punctuation, cross references,
and to make other technical corrections.
Para. 118.72 alaska native claims settlement act
Mr. MILLER of California moved to suspend the rules and pass the bill
(H.R. 3612) to amend the Alaska Native Claims Settlement Act, and for
other purposes; as amended.
The SPEAKER pro tempore, Mr. INSLEE, recognized Mr. MILLER of
California and Mr. YOUNG of Alaska, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. INSLEE, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 118.73 kenai natives association equity act
Mr. MILLER of California moved to suspend the rules and pass the bill
(H.R. 3613) entitled, ``The Kenai Natives Association Equity Act''; as
amended.
The SPEAKER pro tempore, Mr. INSLEE, recognized Mr. MILLER of
California and Mr. THOMAS of Wyoming, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. INSLEE, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 118.74 miscellaneous public lands
Mr. VENTO moved to suspend the rules and pass the bill (H.R. 4746) to
provide for the exchange of lands within Gates of the Arctic National
Park and Preserve, and for other purpoes; as amended.
The SPEAKER pro tempore, Mr. INSLEE, recognized Mr. MILLER of
California and Mr. YOUNG of Alaska, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. INSLEE, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 118.75 rio puerco watershed
Mr. VENTO moved to suspend the rules and pass the bill of the Senate
(S. 1919) to improve water quality within the Rio Puerco watershed and
to help restore the ecological health of the Rio Grande through the
cooperative identification and implementation of best management
practices which are consistent with the ecological, geological,
cultural, sociological, and economic conditions in the region; as
amended.
The SPEAKER pro tempore, Mr. INSLEE, recognized Mr. MILLER of
California and Mr. THOMAS of Wyoming, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. INSLEE, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. HUNTER demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. INSLEE, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Tuesday, October 4, 1994, pursuant to the prior announcement of the
Chair.
Para. 118.76 saguaro national park etablishment
Mr. VENTO moved to suspend the rules and pass the bill of the Senate
(S. 316) to establish the Saguaro National Park in the State of Arizona,
and for other purposes.
The SPEAKER pro tempore, Mr. INSLEE, recognized Mr. VENTO and Mr.
THOMAS of Wyoming, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. INSLEE, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
[[Page 2296]]
Para. 118.77 nps entrepreneurial management reform act
Mr. VENTO moved to suspend the rules and pass the bill (H.R. 4533) to
promote entrepreneurial management of the National Park Service, and for
other purposes; as amended.
The SPEAKER pro tempore, Mr. INSLEE, recognized Mr. VENTO and Mr.
THOMAS of Wyoming, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. INSLEE, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. HUNTER demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. INSLEE, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Tuesday, October 4, 1994, pursuant to the prior announcement of the
Chair.
Para. 118.78 corinth, mississippi battlefield
Mr. VENTO moved to suspend the rules and pass the bill of the Senate
(S. 986) to provide for an interpretive center at the Civil War
Battlefield of Corinth, Mississippi, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. INSLEE, recognized Mr. VENTO and Mr.
THOMAS of Wyoming, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. INSLEE, announced that two-thirds of the
Members present had not voted in the affirmative.
Mr. VEMTO demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. INSLEE, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Tuesday, October 4, 1994, pursuant to the prior announcement of the
Chair.
Para. 118.79 message from the president--national emergency with respect
to panama
The SPEAKER pro tempore, Mr. INSLEE, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
1. I hereby report to the Congress on developments since the last
Presidential report on November 9, 1993, which have resulted in the
termination of the continued blocking of Panamanian government assets.
This is the final report with respect to Panama pursuant to section
207(d) of the International Emergency Economic Powers Act, 50 U.S.C.
1706(d).
2. On April 5, 1990, President Bush issued Executive Order No. 12710,
terminating the national emergency declared on April 8, 1988, with
respect to Panama. While this order terminated the sanctions imposed
pursuant to that declaration, the blocking of Panamanian government
assets in the United States was continued in order to permit completion
of the orderly unblocking and transfer of funds that the President
directed on December 20, 1989, and to foster the resolution of claims of
U.S. creditors involving Panama, pursuant to 50 U.S.C. 1706(a). The
termination of the national emergency did not affect the continuation of
compliance audits and enforcement actions with respect to activities
taking place during the sanctions period, pursuant to 50 U.S.C. 1622(a).
3. The Panamanian Transactions Regulations, 31 CFR Part 565 (the
``Regulations''), were amended effective May 9, 1994, to foster the
resolution of U.S. persons' claims against the Government of Panama
arising prior to the April 5, 1990, termination date. (59 Federal
Register 24643, May 12, 1994.) A copy of the amendment is attached. The
amendment, new section 565.512, includes a statement of licensing policy
indicating that the Department of the Treasury's Office of Foreign
Assets Control (``FAC'') would issue specific licenses authorizing the
release of blocked Government of Panama funds at the request of that
government to satisfy settlements, final judgments, and arbitral awards
with respect to claims of U.S. persons arising prior to April 5, 1990.
In addition, FAC stated that it would accept license applications from
U.S. persons seeking judicial orders of attachment against blocked
Government of Panama assets in satisfaction of final judgments entered
against the Government of Panama, provided such applications are
submitted no later than June 15, 1994.
4. No applications were received pursuant to this amendment for the
purpose of obtaining judicial orders of attachment against blocked
Government of Panama assets. Since the last report, however, specific
licenses were issued at the request of the Government of Panama to
unblock about $4.4 million to satisfy settlements reached with the vast
majority of U.S. creditors by the Government of Panama. On September 9,
1994, the FAC gave notice to the public that the remaining blocked
Government of Panama assets, approximately $2.1 million, would be
unblocked effective September 16, 1994. (50 Federal Register 46720,
September 9, 1994.) A copy of the notice is attached. Half of the $2.1
million had been held at the Federal Reserve Bank of New York at the
request of the Government of Panama. The remaining amounts were held in
blocked commercial bank accounts or in blocked reserved accounts
established under section 565.509 of the Panamanian Transactions
Regulations, 34 CFR 565.509. The remaining known claimants were informed
that, prior to the unblocking, the Government of Panama and Air Panama
had directed the transfer of $400,000 into a trust account administered
by counsel to the Republic of Panama and Air Panama, as escrow agent, to
be utilized toward resolution of the few remaining U.S. claims. This sum
exceeds the face amount of the total of the known remaining claims.
5. With the unblocking on September 16, 1994, of Government of Panama
funds that had been subject to the continued blocking, the sanctions
program initiated to deal with the threat once posed by the Noriega
regime in Panama is completed. However, enforcement action for past
violations may still be pursued within the applicable statute of
limitations.
6. The expenses incurred by the Federal Government during the period
of the national emergency with respect to Panama from April 8, 1988,
through April 5, 1990, that are directly attributable to the exercise of
powers and authorities conferred by the declaration of a national
emergency with respect to Panama are estimated to total about $2.225
million, most of which represents wage and salary costs for Federal
personnel. Personnel costs were largely centered in the Department of
the Treasury (particularly in the Office of Foreign Assets Control, the
U.S. Customs Service, the Office of the Under Secretary for Enforcement,
and the Office of the General Counsel), and the Department of State
(particularly the Bureau of Economic and Business Affairs and the Office
of the Legal Adviser).
William J. Clinton.
The White House. October 3, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Foreign Affairs and ordered to
be printed (H. Doc. 103-321).
Para. 118.80 message from the president--labor relations authority
The SPEAKER pro tempore, Mr. INSLEE, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
In accordance with section 701 of the Civil Service Reform Act of 1978
(Public Law 95-454; 5 U.S.C. 7104(e)), I have the pleasure of
transmitting to you the Fifteenth Annual Report of the Federal Labor
Relations Authority for Fiscal Year 1993.
The report includes information on the cases heard and decisions
rendered by the Federal Labor Relations Authority, the General Counsel
of the Authority, and the Federal Service Impasses Panel.
William J. Clinton.
The White House, October 3, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Post Office and Civil Service.
[[Page 2297]]
Para. 118.81 message from the president--highway safety
The SPEAKER pro tempore, Mr. INSLEE, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
I transmit herewith the 1993 calendar year reports as prepared by the
Department of Transportation on activities under the Highway Safety Act
and the National Traffic Motor Vehicle Safety Act of 1966, as amended
(23 U.S.C. 401 note and 15 U.S.C. 1408).
William J. Clinton.
The White House, October 3, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Public Works and Transportation
and the Committee on Energy and Commerce.
Para. 118.82 enrolled bills signed
Mr. ROSE, from the Committee on House Administration, reported that
that committee had examined and found truly enrolled bills of the House
of the following titles, which were thereupon signed by the Speaker:
H.R. 3694. An Act to amend title 5, United States Code, to
permit the garnishment of an annuity under the Civil Service
Retirement System or the Federal Employees' Retirement
System, if necessary to satisfy a judgement against an
annuitant for physically, sexually, or emotionally abusing a
child.
H.R. 4299. An Act to authorize appropriations for fiscal
year 1995 for intelligence and intelligence-related
activities of the United States Accountant, the Community
Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
H.R. 4543. An Act to designate the United States courthouse
to be constructed at 907 Richland Street in Columbia, South
Carolina, as the ``Matthew J. Perry, Jr. United States
Courthouse''.
Para. 118.83 bills presented to the president
Mr. ROSE, from the Committee on House Administration, reported that
that committee did on the following date present to the President, for
his approval, bills of the House of the following titles:
On September 30, 1994:
H.R. 4650. An Act making appropriations for the Department
of Defense for the fiscal year ending September 30, 1995, and
for other purposes.
H.R. 4539. An Act making appropriations for the Treasury
Department, the U.S. Postal Service, the Executive Office of
the President, and certain independent agencies, for the
fiscal year ending September 30, 1995, and for other
purposes.
H.R. 4602, An Act making appropriations for the Department
of the Interior and related agencies for the fiscal year
ending September 30, 1995, and for other purposes.
H.R. 4230. An Act to amend the American Indian Religious
Freedom Act to provide for the traditional use of peyote by
Indians for religious purposes, and for other purposes.
Para. 118.84 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. CALLAGHAN, for today;
To Mr. PASTOR , for today; and
To Mr. TUCKER, for today and the balance of the week.
And then,
Para. 118.85 adjournment
On motion of Mr. ORTON, at 10 o'clock and 12 minutes p.m., the House
adjourned until 10:30 a.m., Tuesday, October 4, 1994.
Para. 118.86 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the clerk for printing and reference to the proper calendar, as follows:
Mr. MINETA: Committee on Public Works and Transportation.
H.R. 4495. A bill to amend the Federal Aviation Act of 1958
to prohibit smoking on all scheduled airline flight segments
in air transportation or intrastate air transportation; with
an amendment (Rept. No. 103-771). Referred to the Committee
of the Whole House on the State of the Union.
Mr. BROOKS: Committee on the Judiciary. H.R. 4781. A bill
to facilitate obtaining foreign-located antitrust evidence by
authorizing the Attorney general of the United States and the
Federal Trade Commission to provide, in accordance with
antitrust mutual assistance agreements, antitrust evidence to
foreign antitrust authorities on a reciprocal basis; and for
other purposes; with an amendment (Rept. No. 103-772).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. BROOKS: Committee on the Judiciary. S. 1233. An Act to
resolve the status of certain lands in Arizona that are
subject to a claim as a grant of public lands for railroad
purposes, and for other purposes (Rept. No. 103-773, Pt. 1).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. MILLER of California: Committee on Natural Resources.
S. 1233. An Act to resolve the status of certain lands in
Arizona that are subject to a claim as a grant of public
lands for railroad purposes, and for other purposes (Rept.
No. 103-773, Pt. 2). Referred to the Committee of the Whole
House on the State of the Union.
Mr. BROOKS: Committee on the Judiciary. H.R. 4896. A bill
to grant the consent of the Congress to the Kansas and
Missouri Metropolitan Culture District Compact (Rept. No.
103-774). Referred to the Committee of the Whole House on the
State of the Union.
Mr. BROOKS: Committee on the Judiciary. H.R. 4999. A bill
to amend the United States Commission as Civil Rights Act of
1983; with an amendment (Rept. No. 103-775). Referred to the
Committee of the Whole House on the State of the Union.
Mr. BROOKS: Committee on the Judiciary. H.R. 546. A bill to
limit State taxation of certain pension income, and for other
purposes; with an amendment (Rept. No. 103-776). Referred to
the Committee of the Whole House on the State of the Union.
Mr. BROOKS: Committee on the Judiciary. H.R. 4608. A bill
to authorize appropriations for the Patent and Trademark
Office in the Department of Commerce for fiscal year 1995,
and for other purposes; with an amendment (Rept. No. 103-
777). Referred to the Committee of the Whole House on the
State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 4833. A bill to reform the management of Indian trust
funds, and for other purposes; with an amendment (Rept. No.
103-778). Referred to the Committee of the Whole House on the
State of the Union.
Mr. BROOKS: Committee on the Judiciary. H.R. 4777. A bill
to make technical improvements in the United States Code by
amending provisions to reflect the current names of
congressional committees; with amendments (Rept. No. 103-
779). Referred to the House Calendar.
Mr. BROOKS: Committee on the Judiciary. H.R. 2129. A bill
to amend the Trademark Act of 1946 to provide for the
registration and protection of trademarks used in commerce,
in order to carry out provisions of certain international
conventions, and for other purposes; with an amendment (Rept.
No. 103-780). Referred to the Committee of the Whole House on
the State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 4180. A bill to prohibit the withdrawal of
acknowledgement or recognition of an Indian tribe or Alaska
Native group or of the leaders of an Indian tribe or Alaska
Native group, absent an Act of Congress; with an amendment
(Rept. No. 103-781). Referred to the Committee of the Whole
House on the State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 4462. A bill to provide for administrative procedures to
extend Federal recognition to certain Indian groups, and for
other purposes; with an amendment (Rept. No. 103-782).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. MILLER of California: Committee on Natural Resources.
S. 720. An Act to clean up open dumps on Indian lands, and
for other purposes; with an amendment (Rept. No. 103-783).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. de la GARZA: Committee on Agriculture. H.R. 967. A bill
to amend the Federal Insecticide, Fungicide, and Rodenticide
Act with respect to minor use pesticides; with amendments
(Rept. No. 103-784). Referred to the Committee of the Whole
House on the State of the Union.
Mr. CLAY: Committee on Post Office and Civil Service. H.R.
2289. A bill to amend the Ethics in Government Act of 1978 to
extend the authorization of appropriations for the Office of
Government Ethics for 8 years, and for other purposes; with
an amendment (Rept. No. 103-785, Pt. 1). Ordered to be
printed.
Mr. BROOKS: Committee on the Judiciary H.R. 5102. A bill to
amend title 18, United States Code, with respect to certain
crimes relating to Congressional Medals of Honor (Rept. No.
103-786). Referred to the Committee of the Whole House on the
State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 4439. A bill to expand the scope of the Belle Fourche
irrigation project, and for other purposes (Rept. No. 103-
787). Referred to the Committee of the Whole House on the
State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 4083. A bill to amend the Wild and Scenic Rivers Act by
designating the Lower Salmon River in Idaho as a component of
the National Wild and Scenic Rivers System, and for other
purposes; with an amendment (Rept. No. 103-788). Referred to
the Committee of the Whole House on the State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 3954. A bill to expand the Mni Wiconi Rural Water Supply
Project, and for other purposes; with amendments (Rept. No.
103-789). Referred to the Committee of the Whole House on the
State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 4523. A bill to provide for private development of power
at the Mancos Project and for other purposes; with amendments
(Rept. No. 103-790). Referred to the Committee of the Whole
House on the State of the Union.
[[Page 2298]]
Mr. MILLER of California: Committee on Natural Resources.
H.R. 4615. A bill to make applicable the provisions of the
Act commonly known as the ``Warren Act'' to the Central Utah
Project, Utah, and for other purposes; with amendments (Rept.
No. 103-791). Referred to the Committee of the Whole House on
the State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 4525. A bill to authorize the transfer of a certain loan
contract to the Upper Yampa Water Conservancy Project, and
for other purposes; with an amendment (Rept. No. 103-792).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 4533. A bill to promote entrepreneurial management of
the National Park Service, and for other purposes; with an
amendment (Rept. No. 103-793). Referred to the Committee of
the Whole House on the State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 5096. A bill to amend the Pennsylvania Avenue
Development Corporation Act of 1972 to authorize
appropriations for fiscal year 1995 for operating and
administrative expenses and to require a plan for the orderly
dissolution of the Corporation (Rept. No. 103-794). Referred
to the Committee of the Whole House on the State of the
Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 4925. A bill to extend for 1 year the authority of the
Bureau of Reclamation to sell certain loans to the Redwood
Valley Water District (Rept. No. 103-795). Referred to the
Committee of the Whole House on the State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 4746. A bill to provide for the exchange of lands within
Gates of the Arctic National Park and Preserve, and for other
purposes; with amendments (Rept. No. 103-796).
Referred to the Committee of the Whole House on the State
of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 4642. A bill to provide for the restoration of
Washington Square in Philadelphia and for its inclusion
within Independence National Historical Park, and for other
purposes; with an amendment (Rept. No. 103-797). Referred to
the Committee of the Whole House on the State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 4665. A bill to amend the Alaska Native Claims
Settlement Act, and for other purposes; with an amendment
(Rept. No. 103-798). Referred to the Committee of the Whole
House on the State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 4697. A bill to modify the boundaries of Walnut Canyon
National Monument in the States of Arizona; with amendments
(Rept. No. 103-799). Referred to the Committee of the Whole
House on the State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
S. 1784. An Act to restore the Central Council of Tlingit and
Haida Indian Tribes of Alaska to the Department of the
Interior list of Indian entities recognized and eligible to
receive Services from the U.S. Bureau of Indian Affairs; with
an amendment (Rept. No. 103-800). Referred to the Committee
of the Whole House on the State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 5050. A bill to restore Federal recognition to the
Pakenta Band of Nomlaki Indians of California; with an
amendment (Rept. No. 103-801). Referred to the Committee of
the Whole House on the State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 5025. A bill to eliminate a maximum daily diversion
restriction with respect to the pumping of certain water from
Lake Powell, and for other purposes (Rept. No. 103-802).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 4784. A bill to modify the Mountain Park Project in
Oklahoma, and for other purposes; with an amendment (Rept.
No. 103-803). Referred to the Committee of the Whole House on
the State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 233. A bill to apply certain provisions of the Wild and
Scenic Rivers Act to a segment of the North Fork of the
Payette River in Idaho; with an amendment (Rept. No. 103-
804). Referred to the Committee of the Whole House on the
State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 3612. A bill to amend the Alaska Native Claims
Settlement Act, and for other purposes; with an amendment
(Rept. No. 103-805). Referred to the Committee of the Whole
House on the State of the Union.
Mr. MOAKLEY: Committee on Rules. House Resolution 562.
Resolution providing for the consideration of the bill (H.R.
5044) to establish the American Heritage Areas Partnership
Program, and for other purposes (Rept. No. 103-806). Referred
to the House Calendar.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 3204. A bill to transfer a parcel of land to the Taos
Pueblo Indians of New Mexico; with an amendment (Rept. No.
103-807). Referred to the Committee of the Whole House on the
State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 3559. A bill to amend the Dayton Aviation Heritage
Preservation Act of 1992, and for other purposes; with
amendments (Rept. No. 103-808). Referred to the Committee of
the Whole House on the State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 3554. A bill to require the exchange of National Forest
System lands in the Targhee National Forest in Idaho for non-
Federal lands within the forest in Wyoming; with amendments
(Rept. No. 103-809). Referred to the Committee of the Whole
House on the State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 1474. A bill to increase the irrigable acreage for the
San Angelo Federal reclamation project, Texas, and for other
purposes (Rept. No. 103-810). Referred to the Committee of
the Whole House on the State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 2614. A bill to direct the Secretary of the Interior to
convey certain lands of the Shoshone Federal reclamation
project, Wyoming, to the Big Horn County School District,
Wyoming, and for other purposes (Rept. No. 103-811). Referred
to the Committee of the Whole House on the State of the
Union.
Mr. MILLER of California: Committee on Natural Resources.
S. 1146. An Act to provide for the settlement of the water
rights claims of the Yavapai-Prescott Indian Tribe in Yavapai
County, AZ, and for other purposes; with an amendment (Rept.
No. 103-812). Referred to the Committee of the Whole House on
the State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
S. 986. An Act to provide for an interpretive center at the
Civil War Battlefield of Corinth, MS, and for other purposes;
with an amendment (Rept. No. 103-813). Referred to the
Committee of the Whole House on the State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 359. A bill to improve the administration of the Women's
Rights National Historical Park in the State of New York, and
for other purposes; with an amendment (Rept. No. 103-814).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. MILLER of California: Committee on Natural Resources.
S. 316. An Act to establish the Saguaro National Park in the
State of Arizona, and for other purposes (Rept. No. 103-815).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 4814. A bill to grant the consent of the Congress to
amendments to the Central Midwest Interstate Low-Level
Radioactive Waste Compact; with amendments (Rept. No. 103-
816, Pt. 1). Ordered to be printed.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 3678. A bill to authorize the Secretary of the Interior
to negotiate agreements for the use of Outer Continental
Shelf, sand, gravel, and shell resources; with an amendment
(Rept. No. 103-817, Pt. 1). Ordered to be printed.
Mr. FORD of Michigan: Committee on Education and Labor.
H.R. 1517. A bill to extend the coverage of certain Federal
labor laws to foreign documented vessels, and for other
purposes (Rept. No. 103-818). Referred to the Committee of
the Whole House on the State of the Union.
Mr. HAMILTON: Committee on Foreign Affairs. House Joint
Resolution 416. Resolution providing limited authorization
for the participation of United States Armed Forces in the
multinational force in Haiti and providing for the prompt
withdrawal of United States Armed Forces from Haiti (Rept.
No. 103-819, Pt. 1). Ordered to be printed.
Mr. MILLER of California: Committee on Natural Resources.
S. 1919. An Act to improve water quality within the Rio
Puerco watershed and to help restore the ecological health of
the Rio Grande through the cooperative identification and
implementation of best management practices which are
consistent with the ecological, geological, cultural,
sociological, and economic conditions in the region; with
amendments (Rept. No. 103-820, Pt. 1). Ordered to be printed.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 4944. A bill to authorize the Secretary of the Interior
to conduct studies regarding the desalination of water and
water reuse, and for other purposes; with amendments (Rept.
No. 103-821, Pt. 1). Ordered to be printed.
Mr. MILLER of California: Committee on Natural Resources.
H.R. 3613. A bill entitled, ``The Kenai Natives Association
Equity Act''; with an amendments (Rept. No. 103-822, Pt. 1).
Ordered to be printed.
Mr. MONTGOMERY: Committee on Veterans' Affairs. H.R. 4948.
A bill to designate Building No. 137 of the Tuscaloosa
Veterans' Medical Center in Tuscaloosa, AL, as the ``Claude
Harris, Jr. Building'' (Rept. No. 103-823). Referred to the
House Calendar.
Mr. LaFALCE: Committee of Conference. Conference report on
S. 2060. An Act to amend the Small Business Act and the Small
Business Investment Act of 1958, and for other purposes.
(Rept. No. 103-824). Ordered to be printed.
Mr. FORD of Michigan: Committee on Education and Labor H.R.
1280. A bill to revise the Occupational Safety and Health Act
of 1970; with an amendment (Rept. No. 103-825, Pt. 1).
Ordered to be printed.
Mr. GIBBONS: Committee on Ways and Means. H.R. 5110. A bill
to approve and implement the trade agreements concluded in
the Uruguay round of multilateral trade negotiations (Rept.
No. 103-826, Pt. 1). Referred to the Committee of the Whole
House on the State of the Union.
Mr. DINGELL: Committee on Energy and Commerce. H.R. 5110. A
bill to approve and
[[Page 2299]]
implement the trade agreements concluded in the Uruguay round
of multilateral trade negotiations (Rept. No. 103-826, Pt.
2). Referred to the Committee of the Whole House on the State
of the Union.
Para. 118.87 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. HAMILTON (for himself and Mr. Gilman):
H.R. 5155. A bill to authorize the transfer of naval
vessels to certain foreign countries; to the Committee on
Foreign Affairs.
By Mr. de la GARZA:
H.R. 5156. A bill technical correction to the Food Stamp
Act of 1977; to the Committee on Agriculture.
By Mr. STUMP:
H.R. 5157. A bill to amend the Immigration and Nationality
Act with respect to the authority of the Attorney General to
parole aliens into the United States; to the Committee on the
Judiciary.
By Mr. TEJEDA:
H.R. 5158. A bill to authorize the Secretary of the Army to
convey certain excess real property located at Fort Sam
Houston, TX; jointly, to the Committees on Armed Services and
Veterans' Affairs.
By Mr. WISE (for himself, Mr. Abercrombie, Ms. Furse,
Mr. Hinchey, Mr. Hughes, Mr. Lancaster, Mr. Lipinski,
Mrs. Mink of Hawaii, Mr. Nadler, Mr. Pomeroy, Mr.
Thorton, and Mr. Traficant):
H.R. 5159. A bill to establish the Capital Budget
Commission; to the Committee on Government Operations.
By Mr. WILLIAMS (for himself and Mrs. Roukema):
H. Con. Res. 304. Concurrent resolution directing the
Secretary of the Senate to make corrections in the enrollment
of the bill S. 1312; Rules suspended, considered and agreed
to.
By Ms. FURSE:
H. Con. Res. 305. Concurrent resolution expressing the
sense of Congress that the total amount appropriated for
fiscal year 1996 for defense programs should not exceed the
amount appropriated for those programs for fiscal year 1995
reduced by 10 percent; to the Committee on Armed Services.
By Mr. OBERSTAR:
H. Res. 558. Resolution providing for the concurrence by
the House with an amendment in the amendment of the Senate to
H.R. 2440: Rules suspended, considered and agreed to.
By Mr. de la GARZA:
H. Res. 559. Resolution concurring in the Senate amendment
to H.R. 4217 with an amendment; Rules suspended, considered
and agreed to.
By Mr. PAYNE of New Jersey (for himself, Mr. Johnston
of Florida, Mr. Bishop, Mr. Blackwell, Ms. Brown of
Florida, Mr. Clay, Mrs. Clayton, Mr. Clyburn, Ms.
Collins of Michigan, Mrs. Collins of Illinois, Mr.
Conyers, Mr. Dellums, Mr. Dixon, Mr. Fields of
Louisiana, Mr. Flake, Mr. Ford of Tennessee, Mr.
Hastings, Mr. Hilliard, Mr. Jefferson, Ms. Eddie
Bernice Johnson of Texas, Mr. Lewis of Georgia, Ms.
McKinney, Mrs. Meek of Florida, Mr. Mfume, Ms.
Norton, Mr. Owens, Mr. Rangel, Mr. Reynolds, Mr.
Rush, Mr. Scott, Mr. Stokes, Mr. Thompson of
Mississippi, Mr. Towns, Mr. Tucker, Mr. Washington,
Ms. Waters, Mr. Watt, Mr. Wheat, Mr. Wynn, Mr.
Oberstar, Mr. Ackerman, Mr. Engel, Mr. Edwards of
California, Mr. Faleomavaega, Mr. Brown of Ohio, and
Mr. Schumer):
H. Res. 560. Resolution concerning United States support
for the new South Africa; to the Committee on Foreign
Affairs.
By Mr. NEAL of Massachusetts (for himself and Mr.
Gilman):
H. Res. 561. Resolution expressing the sense of the House
of Representatives with respect to the prospects for peace in
Northern Ireland; to the Committee on Foreign Affairs.
Para. 118.88 memorials
Under clause 4 of rule XXII,
495. The SPEAKER presented a memorial of the General
Assembly of the State of Illinois, relative to Federal
mandates to States; which was referred to the Committee on
the Judiciary.
Para. 118.89 private bills and resolutions
Under clause 1 of rule XXII,
Mr. RAMSTAD introduced a bill (H.R. 5160) for the relief of
Oscar Salas-Velazquez; which was referred to the Committee on
the Judiciary.
Para. 118.90 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 702: Mr. Gekas.
H.R. 1056: Mr. Barca of Wisconsin and Mr. Lancaster.
H.R. 1277: Mr. Poshard.
H.R. 1280: Mr. Costello.
H.R. 1671: Mr. Ortiz and Mr. Martinez.
H.R. 1843: Mr. Canady.
H.R. 2145: Mr. Gallegly, Mr. Yates, and Ms. Norton.
H.R. 2229: Mr. Penny, Mr. Brown of California, and Mr.
Torres.
H.R. 2444: Mr. Manzullo and Mr. Fawell.
H.R. 2586: Mr. Talent.
H.R. 3646: Mr. Smith of Texas and Mr. Hefner.
H.R. 3943: Mr. Smith of Michigan.
H.R. 3970: Mr. McDermott.
H.R. 4019: Mr. Tauzin.
H.R. 4210: Mr. Hinchey, Mr. Kleczka, Mrs. Morella, Mr.
Petri, Mrs. Kennelly, Mr. Saxton, Mr. Gejdenson, Mr. Torres,
Ms. Lowey, Mr. Franks of New Jersey, and Mr. Lazio.
H.R. 4395: Mr. Berman, Ms. Eddie Bernice Johnson of Texas,
Mr. Wilson, and Mr. Gene Green of Texas.
H.R. 4456: Mr. Jacobs, Mr. Parker, Mr. Diaz-Balart, Mr.
Johnson of South Dakota, Mr. Hayes, Mr. Underwood, Mr. Lewis
of Georgia, Mr. Frost, and Mr. Watt.
H.R. 4507: Ms. Furse.
H.R. 4570: Mr. Hoyer, Mr. Barrett of Wisconsin, Mr. Parker,
and Mr. Holden.
H.R. 4719: Mr. Borski.
H.R. 4803: Mr. Lewis of Georgia and Mr. Swift.
H.R. 4841: Mr. Parker and Mr. DeFazio.
H.R. 4938: Ms. Waxman and Mr. Wilson.
H.R. 4944: Mr. Lehman.
H.R. 4948: Mr. Stump.
H.R. 5083: Mr. Flake and Mr. Nadler.
H.R. 5111: Mr. Eshoo, Mr. Spence, Mr. Gilman, Mr. Pomeroy,
Mr. Costello, Ms. Danner, Mr. Johnson of South Dakota, and
Mr. Moran.
H.R. 5141: Mr. DeFazio, Mr. Kopetski, Mr. Lewis of Georgia,
Mrs. Meek of Florida, Mr. Miller of California, Mr. Payne of
New Jersey, Mr. Hochbrueckner, Mr. Matsui, Mr. Barrett of
Wisconsin, Mr. Becerra, Mr. Torricelli, Mr. Berman, Ms.
Eshoo, Mrs. Unsoeld, Ms. Norton, Mr. Torres, Mr. Skaggs, and
Mr. Reed.
H.J. Res. 184: Mr. Barca of Wisconsin and Mr. McNulty.
H.J. Res. 385: Mr. Sabo, Mr. Ramstad, Mrs. Thurman, Mr.
Hefner, and Mr. Nadler.
H.J. Res. 405: Mr. Lewis of Florida, Mr. Lucas, Mr. Ewing,
Mr. Everett, Mr. Jefferson, Mr. Livingston, Mr. DeLay, and
Mr. Tauzin.
H.J. Res. 409: Ms. Furse.
H. Con. Res. 148: Mr. Underwood, Mr. Spence, Mr. Derrick,
Mr. Santorum, and Mr. Dreier.
H. Con. Res. 201: Mr. Royce.
H. Con. Res. 207: Mr. Castle.
H. Con. Res. 254: Mr. Dellums and Mr. Klein.
H. Con. Res. 256: Mr. Zimmer and Mr. Klug.
H. Con. Res. 262: Mr. Frost.
H. Con. Res. 302: Mr. Schumer.
H. Res. 531: Mr. Goodlatte and Mr. Bereuter.
.
TUESDAY, OCTOBER 4, 1994 (119)
Para. 119.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. GEREN,
at 10:30 a.m., who laid before the House the following communication:
Washington, DC,
October 4, 1994.
I hereby designate the Honorable Pete Geren to act as
Speaker pro tempore on this day.
Thomas S. Foley,
Speaker of the House of Representatives.
Whereupon, pursuant to the order of the House of Friday, February 11,
1994, and Friday, June 10, 1994, Members were recognized for ``morning
hour'' debates.
Para. 119.2 recess--10:53 a.m.
The SPEAKER pro tempore, Mr. GEREN, pursuant to clause 12 of rule I,
declared the House in recess at 10 o'clock and 53 minutes a.m., until 12
o'clock noon.
Para. 119.3 after recess--12:00 noon
The SPEAKER called the House to order.
Para. 119.4 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Monday, October 3, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 119.5 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed with amendments in which the concurrence of
the House is requested, bills of the House of the following titles:
H.R. 2826. An Act to provide for an investigation of the
whereabouts of the United States citizens and others who have
been missing from Cyprus since 1974; and
H.R. 4653. An Act to settle Indian land claims within the
State of Connecticut, and for other purposes.
The message also announced that Mr. Riegle, Mr. Sarbanes, and Mr.
D'Amato, be appointed conferees, on the part of the Senate, on the bill
(H.R. 4950) ``An Act to extend the authorities of the Overseas Private
Investment Corporation, and for other purposes,''
[[Page 2300]]
solely for the matters contained in titles III and IV.
The message also announced that the Senate had passed bills of the
following titles, in which the concurrence of the House is requested:
S. 622. An Act to authorize appropriations for the United
States Office of Special Counsel, the Merit Systems
Protection Board, and for other purposes; and
S. 2251. An Act to amend the Energy Policy and Conservation
Act to manage the Strategic Petroleum Reserve more
effectively, and for other purposes.
The message also announced that the Senate disagreed to the
amendments of the House to the bill (S. 21) ``An Act to designate
certain lands in the California Desert as wilderness, to establish
Death Valley, Joshua Tree, and Mojave National Parks, and for other
purposes,'' requested a conference with the House of Representatives on
the disagreeing votes of the two Houses thereon, and appointed Mr.
Johnston, Mr. Bumpers, and Mr. Wallop, to be the conferees on the part
of the Senate.
Para. 119.6 private calendar
The SPEAKER directed the Private Calendar to be called.
When,
Para. 119.7 bills passed over
By unanimous consent, the bills of the following titles were severally
passed over en bloc without prejudice and retain their places on the
Private Calendar:
H.R. 1184. A bill for the relief of Jung Ja Golden.
H.R. 2084. A bill for the relief of Fanie Phily Mateo Angeles.
H.R. 3718. A bill for the relief of Mark A. Potts.
Para. 119.8 california desert protection
Mr. MILLER of California, pursuant to clause 1 of rule XX, and by
direction of the Committee on Natural Resources moved to take from the
Speaker's table the bill of the Senate (S. 21) to designate certain
lands in the California Desert as wilderness, to establish Death Valley,
Joshua Tree, and Mojave National Parks, and for other purposes; together
with the amendments of the House thereto, insist upon its amendments and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Pending consideration of said motion,
Para. 119.9 point of order
Mr. POMBO made a point of order against the motion, and said:
``Mr. Speaker, I serve on both the Committee on Natural Resources and
the Committee on Merchant Marine and Fisheries, to which S. 21 was also
referred. Unfortunately, the referral to Merchant Marine and Fisheries
was very short and that committee did not file a report on the bill. The
net result is that my Merchant Marine and Fisheries colleagues did not
have an opportunity to debate this bill in committee. Now it appears
that the Committee on Merchant Marine and Fisheries will not have a role
in making the recommendation to the House with regard to insisting or
receding from the Senate amendments to S. 21.
``Mr. Speaker, it is my understanding that, under rule XX and the
precedents of the House, a privileged motion to go to conference must be
authorized by both committees to which a bill has been jointly referred.
I have been told that this precedent was decided prior to the time when
sequential referrals were used in the House. I believe that the
interests of the House would be best served if this interpretation were
extended to sequential as well as joint referrals to ensure that all
committees of jurisdiction on a bill will be treated as equal partners
in the process.''.
Mr. MILLER of California was recognized to speak to the point of order
and said:
``Mr. Speaker. The Committee on Natural Resources is the primary
committee of jurisdiction here. There was a referral to the Committee on
Merchant Marine and Fisheries. They could have exercised whatever
actions they decided to. They did not decide to do that. By reason of
the fact that we remain the primary committee, we have been instructed
by our committee to go to conference on this matter.''.
The SPEAKER pro tempore, Mr. HUGHES, overruled the point of order, and
said:
``The gentleman from California makes the point of order that, to be
privileged under clause 1 of rule XX, the motion must be authorized not
only by the Committee on Natural Resources but also by the Committee on
Merchant Marine and Fisheries.
``Under clause 1 of rule XX, a motion to send a bill to conference is
always in order if the Speaker, in his discretion, recognizes for that
purpose and if the motion is made at the direction of all reporting
committees having original jurisdiction over the bill. The Chair is
guided by the precedent of September 26, 1978, standing for the
proposition that the motion must be authorized by each committee of
joint referral that has reported the measure to the House.
``In the instant case, the Committee on Merchant Marine and Fisheries
was a committee of sequential referral of the House bill and did not
report thereon to the House. The instant motion is, therefore, offered
at the direction of the only committee of original referral of the House
bill, and the only committee that reported thereon to the House--the
Committee on Natural Resources. Accordingly, the motion is privileged
under clause 1 of rule XX.''.
Mr. DOOLITTLE, pursuant to clause 3 of rule XVI, demanded the question
of consideration on said motion.
The question being put, viva voce,
Will the House now consider the motion to insist upon its amendments
and agree to the conference asked by the Senate?
The SPEAKER pro tempore, Mr. HUGHES, announced the yeas had it.
Mr. DOOLITTLE objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
268
When there appeared
<3-line {>
Nays
148
Para. 119.10 [Roll No. 463]
YEAS--268
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gilman
Glickman
Gonzalez
Gordon
Green
Greenwood
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Horn
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Klug
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Leach
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Porter
Poshard
Price (NC)
Rahall
Ramstad
Rangel
Ravenel
Reed
Reynolds
Richardson
Roemer
Rose
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spratt
Stark
Stenholm
Strickland
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torricelli
Towns
Unsoeld
Valentine
Velazquez
Vento
Visclosky
[[Page 2301]]
Volkmer
Waters
Watt
Waxman
Weldon
Wheat
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Zimmer
NAYS--148
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bilirakis
Bliley
Boehner
Bonilla
Bunning
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Gallegly
Gekas
Gillmor
Goodlatte
Goodling
Goss
Grams
Grandy
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kasich
Kim
King
Kingston
Knollenberg
Kolbe
Kyl
Lazio
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Mica
Michel
Miller (FL)
Molinari
Moorhead
Myers
Nussle
Orton
Oxley
Packard
Paxon
Petri
Pombo
Portman
Pryce (OH)
Quillen
Quinn
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Sarpalius
Schaefer
Sensenbrenner
Shaw
Shuster
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stump
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Traficant
Upton
Vucanovich
Walker
Walsh
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--18
Andrews (TX)
Ballenger
Burton
Dellums
Gallo
Gingrich
Johnston
McCloskey
Pelosi
Rostenkowski
Slattery
Stokes
Studds
Sundquist
Torres
Tucker
Washington
Whitten
So the House agreed to consider said motion.
Mr. MILLER of California moved to reconsider the vote whereby the
question of consideration was agreed to.
Mr. RICHARDSON moved to lay on the table the motion to reconsider the
vote.
The question being put, viva voce,
Will the House lay on the table the motion to reconsider said vote?
The SPEAKER pro tempore, Mr. HUGHES, announced that the yeas had it.
Mr. LEWIS of California demanded a recorded vote on agreeing to said
motion, which demand was supported by one-fifth of a quorum, so a
recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
271
<3-line {>
affirmative
Nays
150
Para. 119.11 [Roll No. 464]
AYES--271
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gilman
Glickman
Gonzalez
Gordon
Green
Greenwood
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Horn
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Klug
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Leach
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Porter
Poshard
Price (NC)
Rahall
Ramstad
Rangel
Ravenel
Reed
Reynolds
Richardson
Ridge
Roemer
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Saxton
Schenk
Schroeder
Schumer
Scott
Serrano
Shays
Shepherd
Sisisky
Skaggs
Skelton
Smith (IA)
Smith (NJ)
Snowe
Spratt
Stark
Stokes
Strickland
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torricelli
Towns
Traficant
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Washington
Waters
Watt
Waxman
Weldon
Wheat
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Zimmer
NOES--150
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bilirakis
Bliley
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Gallegly
Gekas
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kasich
Kim
King
Kingston
Knollenberg
Kolbe
Kyl
Lazio
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Mica
Michel
Miller (FL)
Molinari
Moorhead
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Portman
Pryce (OH)
Quillen
Quinn
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Sarpalius
Schaefer
Schiff
Sensenbrenner
Shaw
Shuster
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stenholm
Stump
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Upton
Vucanovich
Walker
Walsh
Young (AK)
Young (FL)
Zeliff
NOT VOTING--13
Dellums
Gallo
Johnston
McCloskey
Sharp
Slattery
Slaughter
Studds
Sundquist
Torres
Tucker
Whitten
Wolf
So the motion to lay on the table the motion to reconsider the vote
was agreed to.
After debate,
Mr. LEWIS of California moved to lay on the table the motion that the
House insist upon its amendments and agree to the conference asked by
the Senate.
The question being put, viva voce,
Will the House lay on the table said motion?
The SPEAKER pro tempore, Mr. HUGHES, announced that the nays had it.
Mr. LEWIS of California objected to the vote on the ground that a
quorum was not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
144
When there appeared
<3-line {>
Nays
259
Para. 119.12 [Roll No. 465]
YEAS--144
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bilirakis
Bliley
Boehner
Bonilla
Bunning
Burton
[[Page 2302]]
Buyer
Callahan
Calvert
Camp
Canady
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Emerson
Everett
Ewing
Fields (TX)
Fowler
Gallegly
Gekas
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
Mica
Michel
Miller (FL)
Molinari
Moorhead
Myers
Nussle
Orton
Oxley
Packard
Paxon
Petri
Pombo
Portman
Pryce (OH)
Quinn
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Schaefer
Schiff
Sensenbrenner
Shaw
Shuster
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Spence
Stearns
Stump
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Upton
Vucanovich
Walker
Walsh
Wolf
Young (AK)
Young (FL)
Zeliff
NAYS--259
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bishop
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Castle
Chapman
Clayton
Clement
Clyburn
Coleman
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Ehlers
Engel
English
Eshoo
Evans
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Foglietta
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gilman
Glickman
Gonzalez
Gordon
Green
Greenwood
Gutierrez
Hamburg
Hamilton
Harman
Hayes
Hefner
Hinchey
Hoagland
Hochbrueckner
Holden
Horn
Hoyer
Hughes
Hutto
Inslee
Jacobs
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Lewis (GA)
Lipinski
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Menendez
Meyers
Miller (CA)
Mineta
Minge
Mink
Moakley
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Pallone
Parker
Pastor
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Porter
Poshard
Price (NC)
Quillen
Rahall
Ramstad
Ravenel
Reed
Regula
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Saxton
Schenk
Schroeder
Schumer
Serrano
Sharp
Shays
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spratt
Stark
Stenholm
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Washington
Waters
Watt
Waxman
Weldon
Wheat
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Zimmer
NOT VOTING--31
Blackwell
Brown (FL)
Clay
Collins (IL)
Collins (MI)
Edwards (TX)
Flake
Ford (MI)
Gallo
Hall (OH)
Hastings
Hilliard
Jefferson
Johnson, E. B.
Lantos
Lloyd
McMillan
Meek
Mfume
Mollohan
Owens
Payne (NJ)
Rangel
Rush
Scott
Slattery
Solomon
Stokes
Sundquist
Tucker
Whitten
So the motion to lay on the table the motion that the House insist
upon its amendments and agree to the conference asked by the Senate was
not agreed to.
The motion to reconsider the vote whereby said motion was not agreed
to was, by unanimous consent, laid on the table.
Mr. MILLER of California moved the previous question on the motion
that the House insist on its amendments and agree to the conference
asked by the Senate.
The question being put, viva voce,
Will the House now order the previous question?
The SPEAKER pro tempore, Mr. HUGHES, announced that the yeas had it.
Mr. McKEON demanded a recorded vote on ordering the previous question,
which demand was supported by one-fifth of a quorum, so a recorded vote
was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
265
<3-line {>
affirmative
Nays
144
Para. 119.13 [Roll No. 466]
AYES--265
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Baker (CA)
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Dunn
Durbin
Edwards (CA)
Engel
English
Eshoo
Evans
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gilman
Glickman
Gonzalez
Gordon
Green
Greenwood
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Horn
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Klug
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
LaRocco
Laughlin
Leach
Lehman
Levin
Lewis (GA)
Lipinski
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Menendez
Meyers
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Pallone
Parker
Pastor
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Porter
Poshard
Price (NC)
Quillen
Rahall
Ramstad
Ravenel
Reed
Reynolds
Richardson
Roemer
Rose
Roukema
Rowland
Roybal-Allard
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Saxton
Schenk
Schroeder
Schumer
Scott
Serrano
Shays
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spratt
Stark
Stenholm
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Weldon
Wheat
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Zimmer
NOES--144
Allard
Archer
Armey
Bachus (AL)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bilirakis
Bliley
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Ehlers
Emerson
Everett
Ewing
Fields (TX)
Fowler
Gallegly
Gekas
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
[[Page 2303]]
Istook
Johnson, Sam
Kasich
Kim
King
Kingston
Knollenberg
Kolbe
Kyl
Lazio
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
Mica
Michel
Miller (FL)
Molinari
Moorhead
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Portman
Pryce (OH)
Quinn
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Schaefer
Schiff
Sensenbrenner
Shaw
Shuster
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stump
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Upton
Vucanovich
Walker
Walsh
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--25
Brooks
Brown (FL)
Collins (IL)
Collins (MI)
Edwards (TX)
Gallo
Johnson, E. B.
Lantos
Lloyd
McMillan
Meek
Mfume
Owens
Payne (NJ)
Rangel
Rostenkowski
Rush
Sharp
Slattery
Stokes
Sundquist
Tucker
Washington
Whitten
Williams
So the previous question on said motion was ordered.
Mr. BAKER of California moved to reconsider the vote on the ordering
of the previous question
Mr. MILLER of California moved to lay on the table the motion to
reconsider the vote.
The question being put, viva voce,
Will the House lay on the table the motion to reconsider said vote?
The SPEAKER pro tempore, Mr. HUGHES, announced that the yeas had it.
Mr. BAKER of California demanded a recorded vote on agreeing to said
motion, which demand was supported by one-fifth of a quorum, so a
recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
273
<3-line {>
affirmative
Nays
143
Para. 119.14 [Roll No. 467]
AYES--273
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gilman
Glickman
Gonzalez
Gordon
Greenwood
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Horn
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Klug
Kopetski
Kreidler
LaFalce
Lambert
LaRocco
Laughlin
Leach
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Porter
Poshard
Price (NC)
Quillen
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roemer
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Skaggs
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spratt
Stark
Stenholm
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Washington
Waters
Watt
Weldon
Wheat
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Zimmer
NOES--143
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bentley
Bilirakis
Bliley
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fields (TX)
Fowler
Gallegly
Gekas
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kasich
Kim
King
Kingston
Knollenberg
Kolbe
Kyl
Lazio
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Mica
Michel
Miller (FL)
Molinari
Moorhead
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Portman
Pryce (OH)
Quinn
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Royce
Schaefer
Schiff
Sensenbrenner
Shaw
Shuster
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stump
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Upton
Vucanovich
Walker
Walsh
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--18
Bateman
Gallo
Green
Johnston
Lancaster
Lantos
Mfume
Murphy
Owens
Sisisky
Slattery
Stokes
Sundquist
Tucker
Valentine
Waxman
Whitten
Williams
So the motion to lay on the table the motion to reconsider the vote
whereby the previous question was ordered was agreed to.
Mr. CUNNINGHAM, pursuant to Rule XVII, clause 1, moved to commit the
motion that the House insist upon its amendments and agree to the
conference asked by the Senate to the Committee on Merchant Marine and
Fisheries.
The question being put, viva voce,
Will the House agree to commit said motion to the Committee on
Merchant Marine and Fisheries?
The SPEAKER pro tempore, Mr. HUGHES, announced that the nays had it.
Mr. CUNNINGHAM demanded a recorded vote on agreeing to said motion,
which demand was supported by one-fifth of a quorum, so a recorded vote
was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
141
<3-line {>
negative
Nays
277
Para. 119.15 [Roll No. 468]
AYES--141
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bentley
Bilirakis
Bliley
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Emerson
Everett
Ewing
Fields (TX)
Fowler
Gallegly
Gekas
Goodlatte
Goodling
Goss
Grams
Grandy
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kasich
Kim
King
Kingston
Knollenberg
Kolbe
Kyl
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
Mica
Michel
Miller (FL)
Molinari
Moorhead
Myers
Nussle
Orton
Oxley
Packard
Paxon
Pelosi
Penny
Petri
Pombo
Portman
Pryce (OH)
Quinn
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Schaefer
Schiff
Sensenbrenner
Shaw
Shuster
Skeen
Smith (MI)
[[Page 2304]]
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stump
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Upton
Vucanovich
Walker
Walsh
Wolf
Young (AK)
Young (FL)
Zeliff
NOES--277
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Farr
Fawell
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Greenwood
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Horn
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Klug
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Porter
Poshard
Price (NC)
Quillen
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roemer
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sangmeister
Sarpalius
Sawyer
Saxton
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Washington
Waters
Watt
Weldon
Wheat
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Zimmer
NOT VOTING--16
Applegate
Bateman
Fazio
Gallo
Gingrich
Lantos
Matsui
Sanders
Slattery
Strickland
Sundquist
Tucker
Valentine
Waxman
Whitten
Williams
So the motion to commit the motion that the House insist upon its
amendments and agree to the conference asked by the Senate to the
Committee on Merchant Marine and Fisheries was not agreed to.
Mr. McKEON moved to reconsider the vote whereby the motion to commit
was not agreed to.
Mr. MILLER of California moved to lay on the table the motion to
reconsider the vote.
The question being put, viva voce,
Will the House lay on the table the motion to reconsider said vote?
The SPEAKER pro tempore, Mr. HUGHES, announced that the yeas had it.
Mr. McKEON demanded a recorded vote on said motion, which demand was
supported by one-fifth of a quorum, so a recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
280
<3-line {>
affirmative
Nays
141
Para. 119.16 [Roll No. 469]
AYES--280
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Castle
Chapman
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Farr
Fawell
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Greenwood
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Horn
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Klug
Kopetski
Kreidler
LaFalce
Lambert
LaRocco
Laughlin
Leach
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Porter
Poshard
Price (NC)
Quillen
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Washington
Waters
Watt
Waxman
Weldon
Wheat
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Zimmer
NOES--141
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bentley
Bilirakis
Bliley
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Emerson
Everett
Ewing
Fields (TX)
Fowler
Gallegly
Gekas
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kasich
Kim
King
Kingston
Knollenberg
Kolbe
Kyl
Lazio
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Mica
Michel
Miller (FL)
Molinari
Moorhead
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Portman
Pryce (OH)
Quinn
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Schaefer
Schiff
Sensenbrenner
Shaw
Shuster
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stump
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Upton
Vucanovich
Walker
Walsh
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--13
Applegate
Bateman
Clay
Fazio
Fish
Gallo
Lancaster
Lantos
Slattery
Sundquist
Tucker
Whitten
Williams
[[Page 2305]]
So the motion to lay on the table the motion to reconsider the vote
was agreed to.
The question being put, viva voce,
Will the House agree to the motion to insist upon its amendments and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses on S. 21?
The SPEAKER pro tempore, Mr. HUGHES, announced that the yeas had it.
Mr. LEWIS of California demanded a recorded vote on said motion, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
283
<3-line {>
affirmative
Nays
140
Para. 119.17 [Roll No. 470]
AYES--283
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Blute
Boehlert
Bonior
Borski
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Doolittle
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Farr
Fawell
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Greenwood
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Holden
Horn
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Klug
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
LaRocco
Laughlin
Leach
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Porter
Portman
Poshard
Price (NC)
Quillen
Rahall
Ramstad
Ravenel
Reed
Regula
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Washington
Waters
Watt
Waxman
Weldon
Wheat
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Zimmer
NOES--140
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bentley
Bilirakis
Bliley
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Dornan
Dreier
Duncan
Dunn
Emerson
Everett
Ewing
Fields (TX)
Fowler
Gallegly
Gekas
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hoekstra
Hoke
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kasich
Kim
King
Kingston
Knollenberg
Kolbe
Kyl
Lazio
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Mica
Michel
Miller (FL)
Molinari
Moorhead
Myers
Nussle
Orton
Oxley
Packard
Paxon
Petri
Pombo
Pryce (OH)
Quinn
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Schaefer
Sensenbrenner
Shaw
Shuster
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stump
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Upton
Vucanovich
Walker
Walsh
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--11
Bateman
Boucher
Carr
Fazio
Gallo
Lantos
Rangel
Slattery
Sundquist
Tucker
Whitten
So the motion that the House insist upon its amendments and agree to
the conference asked by the Senate was agreed to.
Mr. DOOLITTLE moved to reconsider the vote whereby the motion was
agreed to.
Mr. MILLER of California moved to lay on the table the motion to
reconsider the vote.
The question being put, viva voce,
Will the House lay on the table the motion to reconsider said vote?
The SPEAKER pro tempore, Mr. BROWN, announced that the yeas had it.
Mr. DOOLITTLE demanded a recorded vote on said motion, which demand
was supported by one-fifth of a quorum, so a recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
282
<3-line {>
affirmative
Nays
140
Para. 119.18 [Roll No. 471]
AYES--282
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Bateman
Becerra
Beilenson
Bereuter
Berman
Bevill
Bishop
Blackwell
Blute
Boehlert
Bonior
Borski
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Greenwood
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Horn
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Klug
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
LaRocco
Laughlin
Leach
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Porter
Portman
Poshard
Price (NC)
Quillen
Rahall
Ramstad
Ravenel
Reed
Regula
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Shays
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spratt
Stark
Stenholm
[[Page 2306]]
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Washington
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Zimmer
NOES--140
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bentley
Bilirakis
Bliley
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Emerson
Everett
Ewing
Fields (TX)
Fowler
Gallegly
Gekas
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kasich
Kim
King
Kingston
Knollenberg
Kolbe
Kyl
Lazio
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Mica
Michel
Miller (FL)
Molinari
Moorhead
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Pryce (OH)
Quinn
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Saxton
Schaefer
Sensenbrenner
Shaw
Shuster
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stump
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Upton
Vucanovich
Walker
Walsh
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--12
Barrett (WI)
Bilbray
Boucher
Gallo
Lantos
Murphy
Owens
Rangel
Sharp
Slattery
Sundquist
Tucker
So the motion to lay on the table the motion to reconsider the vote
was agreed to.
Ordered, That the Clerk notify the Senate thereof.
Para. 119.19 motion to adjourn
Mr. CRANE moved that the House do now adjourn.
The question being put,
Will the House now adjourn?
The SPEAKER pro tempore, Mr. HUGHES, announced that the nays had it.
Mr. CRANE demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
87
<3-line {>
negative
Nays
330
Para. 119.20 [Roll No. 472]
YEAS--87
Allard
Archer
Armey
Baker (CA)
Ballenger
Bartlett
Bilirakis
Bonilla
Burton
Buyer
Calvert
Collins (GA)
Combest
Condit
Cox
Crane
Crapo
DeLay
Dickey
Dornan
Dreier
Duncan
Emerson
Fields (TX)
Ford (TN)
Franks (CT)
Gillmor
Goodling
Goss
Grandy
Hall (OH)
Hancock
Hansen
Hefley
Herger
Hobson
Hoekstra
Hoke
Hunter
Inglis
Inhofe
Johnson, Sam
Kim
Kingston
Klug
Linder
Lucas
Manzullo
McKeon
McMillan
Mica
Miller (FL)
Molinari
Moorhead
Murphy
Myers
Orton
Oxley
Packard
Paxon
Roberts
Rohrabacher
Royce
Santorum
Saxton
Schaefer
Sensenbrenner
Shuster
Skeen
Smith (NJ)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Visclosky
Vucanovich
Walsh
Wheat
Wolf
Young (AK)
Young (FL)
Zeliff
NAYS--330
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Baesler
Baker (LA)
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bishop
Bliley
Blute
Boehlert
Boehner
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Byrne
Callahan
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (IL)
Collins (MI)
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Doolittle
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Fowler
Frank (MA)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Gordon
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (TX)
Hamburg
Hamilton
Harman
Hastert
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hutchinson
Hutto
Hyde
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
King
Kleczka
Klein
Klink
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lipinski
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Michel
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murtha
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roemer
Rogers
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sangmeister
Sarpalius
Sawyer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Shaw
Shays
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Smith (MI)
Snowe
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Swett
Swift
Synar
Talent
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Unsoeld
Upton
Velazquez
Vento
Volkmer
Walker
Washington
Waters
Watt
Waxman
Weldon
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Zimmer
NOT VOTING--17
Applegate
Bachus (AL)
Blackwell
Dunn
Gallo
Johnston
Lantos
Lewis (FL)
Livingston
Owens
Rangel
Sanders
Sharp
Slattery
Sundquist
Tucker
Valentine
So the motion to adjourn was not agreed to.
Para. 119.21 motion to instruct conferees--s. 21
Mr. LEWIS of California moved that the managers on the part of the
House at the conference on the disagreeing votes of the two Houses on S.
21, be instructed to insist on the following amendments of the House:
Section 102(1)--Argus Range Wilderness (Bill Thomas
Amendment).
Section 112--Law Enforcement Access.
Section 113--Fish and Wildlife Management.
Section 208--Death Valley National Park Advisory
Commission.
Section 308--Joshua Tree National Park Advisory Commission.
Title IV--Mojave National Preserve.
Section 416--Mojave National Preserve Advisory Commission.
Section 417--No Adverse Affect on Land Until Acquired.
Section 606--Native American Uses--Timbisha Shoshone Land
Study.
Section 702--Authorization of Appropriations.
Section 703--Land Appraisal--Endangered Species Amendment.
Section 901--Buy American Act.
Pending consideration of said motion,
Mr. MILLER of California moved to lay on the table the motion to
instruct conferees.
[[Page 2307]]
The question being put, viva voce,
Will the House lay on the table said the motion?
The SPEAKER pro tempore, Mr. HUGHES, announced that the yeas had it.
Mr. LEWIS of California demanded a recorded vote on said motion, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
274
<3-line {>
affirmative
Nays
147
Para. 119.22 [Roll No. 473]
AYES--274
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Glickman
Gonzalez
Gordon
Green
Gunderson
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Horn
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Klug
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
LaRocco
Laughlin
Leach
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pomeroy
Porter
Poshard
Price (NC)
Rahall
Ramstad
Ravenel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Saxton
Schenk
Schroeder
Schumer
Scott
Serrano
Shays
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Washington
Waters
Watt
Waxman
Weldon
Wheat
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Zimmer
NOES--147
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bilirakis
Bliley
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Ehlers
Emerson
Everett
Ewing
Fields (TX)
Fowler
Gallegly
Gekas
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kasich
Kim
King
Kingston
Knollenberg
Kolbe
Kyl
Lazio
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
Mica
Michel
Miller (FL)
Molinari
Moorhead
Myers
Nussle
Orton
Oxley
Packard
Paxon
Penny
Pombo
Portman
Pryce (OH)
Quillen
Quinn
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Schaefer
Schiff
Sensenbrenner
Shaw
Shuster
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stump
Talent
Tauzin
Taylor (NC)
Thomas (CA)
Thomas (WY)
Upton
Vucanovich
Walker
Walsh
Whitten
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--13
Applegate
Carr
Gallo
Lantos
McCurdy
McMillan
Murtha
Rangel
Ridge
Sharp
Slattery
Sundquist
Tucker
So the motion to lay on the table the motion to instruct conferees was
agreed to.
Mr. MILLER of California moved to reconsider the vote whereby the
motion to lay the motion to instruct conferees was agreed to.
Mr. VENTO moved to lay on the table the motion to reconsider the vote.
The question being put, viva voce,
Will the House lay on the table the motion to reconsider said vote?
The SPEAKER pro tempore, Mr. HUGHES, announced that the yeas had it.
Mr. CUNNINGHAM demanded a recorded vote on agreeing to said motion,
which demand was supported by one-fifth of a quorum, so a recorded vote
was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
271
<3-line {>
affirmative
Nays
142
Para. 119.23 [Roll No. 474]
AYES--271
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Dunn
Edwards (CA)
Engel
English
Eshoo
Evans
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Glickman
Gonzalez
Gordon
Green
Greenwood
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Holden
Horn
Hoyer
Hughes
Hutto
Inslee
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Klug
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
LaRocco
Laughlin
Leach
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Porter
Poshard
Price (NC)
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roemer
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Shays
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Zimmer
[[Page 2308]]
NOES--142
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bilirakis
Bliley
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Ehlers
Emerson
Everett
Ewing
Fields (TX)
Fowler
Gallegly
Gekas
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hoekstra
Hoke
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson, Sam
Kasich
Kim
King
Kingston
Knollenberg
Kolbe
Kyl
Lazio
Levy
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
Mica
Michel
Miller (FL)
Molinari
Moorhead
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Portman
Pryce (OH)
Quillen
Quinn
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Saxton
Schaefer
Sensenbrenner
Shaw
Shuster
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stump
Talent
Tauzin
Taylor (NC)
Thomas (CA)
Thomas (WY)
Upton
Vucanovich
Walker
Walsh
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--21
Andrews (TX)
Applegate
Brown (CA)
Carr
Collins (MI)
Durbin
Edwards (TX)
Gallo
Inhofe
Jacobs
Lantos
Lehman
Lewis (FL)
McCurdy
McMillan
Penny
Sharp
Slattery
Sundquist
Tucker
Washington
So the motion to lay on the table the motion to reconsider the vote
was agreed to.
Para. 119.24 appointment of conferees--s.21
Thereupon, the SPEAKER announced the appointment of the following
Members as managers on the part of the House at said conference:
From the Committee on Natural Resources, for consideration of the
Senate bill, and the House amendment, and modifications committed to
conference: Messrs. Miller of California, Vento, Lehman, Richardson,
Farr of California, Rahall, Young of Alaska, Doolittle, Calvert, and
Pombo.
As additional conferees from the Committee on Armed Services, for
consideration of title VIII of the Senate bill, and title VIII of the
House amendment, and modifications committed to conference: Messrs.
Dellums, McCurdy, and Hunter.
As additional conferees from the Committee on Education and Labor, for
consideration of sections 901-04, 906, and 907 of the Senate bill, and
modifications committed to conference: Messrs. Ford of Michigan, Clay,
and McKeon.
As additional conferees from the Committee on Merchant Marine and
Fisheries, for consideration of title II, sections 103(e), 103(f), and
805(a)(2)(B) of the Senate bill, and sections 111, 113 and 804(a)(2)(B)
of the House amendment, and modifications committed to conference: Mr.
Studds, Ms. Schenk, and Mr. Fields of Texas.
As additional conferees from the Committee on Public Works and
Transportation, for consideration of sections 901, 905 and 906 of the
Senate bill, and modifications committed to conference: Messrs. Mineta,
Wise, and Shuster.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 119.25 overseas private investment corporation
On motion of Mr. GEJDENSON, by unanimous consent, the bill (H.R. 4950)
to extend the authorities of the Overseas Private Investment
Corporation, and for other purposes; together with the amendments of the
Senate thereto, was taken from the Speaker's table.
When on motion of Mr. GEJDENSON, it was,
Resolved, That the House disagree to the amendment of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Thereupon, the SPEAKER announced the appointment of the following
Members as managers on the part of the House at said conference:
From the Committee on Foreign Affairs, for consideration of the House
bill, and the Senate amendment, and modifications committed to
conference:
Messrs. Hamilton, Gejdenson, Oberstar, Gilman, and Roth.
As additional conferees from the Committee on Energy and Commerce, for
consideration of title IV of the House bill, and modifications committed
to conference:
Mr. Dingell, Mrs. Collins of Illinois, and Mr. Moorhead.
Ordered, That the Clerk notify the Senate thereof.
Para. 119.26 notice requirement--consideration of resolution--question
of privileges
Mr. COX, pursuant to clause 2(a)(1) of rule IX, announced his
intention to call up a resolution as a question of the privileges of the
House, on Wednesday, October 5 or Thursday, October 6, 1994.
Para. 119.27 providing for the consideration of h. con. res. 301
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-828) the resolution (H. Res. 563) providing for consideration of
(H. Con. Res. 301) expressing the sense of the Congress regarding
entitlements.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 119.28 providing for the consideration of h.r. 5110
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-829) the resolution (H. Res. 564) providing for consideration of
the bill (H.R. 5110) to approve and implement the trade agreements
concluded in the Uruguay Round of multilateral trade negotiations.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 119.29 providing for the consideration of s. 455
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-830) the resolution (H. Res. 565) providing for consideration of
the bill of the Senate (S. 455) to amend title 31, United States Code,
to increase Federal payments to units of general local government for
entitlement lands, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 119.30 h.r. 967--unfinished business
The SPEAKER pro tempore, Mr. SKAGGS, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and pass the bill (H.R. 967) to amend the Federal Insecticide,
Fungicide, and Rodenticide Act with respect to minor use pesticides; as
amended.
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. SKAGGS, announced that two-thirds of
those present had voted in the affirmative.
Mr. WAXMAN objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
334
When there appeared
<3-line {>
Nays
80
Para. 119.31 [Roll No. 475]
YEAS--334
Abercrombie
Allard
Andrews (NJ)
Andrews (TX)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Boucher
Brewster
Brooks
Browder
Brown (FL)
Bryant
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cantwell
Carr
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLay
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
[[Page 2309]]
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
English
Everett
Ewing
Farr
Fazio
Fields (LA)
Fields (TX)
Fingerhut
Fish
Flake
Foley
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Frost
Gallegly
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hoagland
Hobson
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
LaRocco
Laughlin
Lazio
Leach
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lucas
Machtley
Manton
Manzullo
Margolies-Mezvinsky
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Menendez
Meyers
Mica
Michel
Miller (CA)
Miller (FL)
Minge
Mink
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Parker
Pastor
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Regula
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Rowland
Royce
Rush
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schiff
Sensenbrenner
Sharp
Shaw
Shuster
Sisisky
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Strickland
Stump
Stupak
Swett
Swift
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Traficant
Unsoeld
Upton
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Watt
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--80
Ackerman
Andrews (ME)
Barrett (WI)
Becerra
Beilenson
Berman
Blackwell
Bonior
Borski
Brown (CA)
Brown (OH)
Byrne
Cardin
Clay
Conyers
Coyne
DeLauro
Dellums
Dixon
Engel
Eshoo
Evans
Fawell
Filner
Foglietta
Gejdenson
Gutierrez
Harman
Hinchey
Hochbrueckner
Jacobs
Johnson, E. B.
Kennedy
Kennelly
Kildee
Levin
Lowey
Maloney
Mann
Markey
Martinez
McDermott
Meehan
Meek
Mfume
Mineta
Moakley
Murphy
Nadler
Neal (MA)
Pallone
Payne (NJ)
Pelosi
Porter
Rangel
Reed
Reynolds
Richardson
Roybal-Allard
Sabo
Sanders
Schenk
Schroeder
Schumer
Scott
Serrano
Shays
Shepherd
Skaggs
Stark
Studds
Synar
Torres
Torricelli
Towns
Velazquez
Vento
Waters
Waxman
Woolsey
NOT VOTING--21
Applegate
Edwards (CA)
Ford (MI)
Franks (NJ)
Furse
Gallo
Hughes
Istook
Klein
Lantos
Lewis (GA)
McCurdy
McMillan
Ravenel
Roukema
Slattery
Stokes
Sundquist
Tucker
Valentine
Washington
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 119.32 s. 2170--unfinished business
The SPEAKER pro tempore, Mr. SKAGGS, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill of the Senate (S. 2170) to provide a more
effective, efficient, and responsive Government.
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. SKAGGS, announced that two-thirds of
those present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 119.33 h.r. 4704--unfinished business
The SPEAKER pro tempore, Mr. SKAGGS, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 4704) to provide for the conveyance of
certain lands and improvements in Hopewell Township, Pennsylvania, to a
nonprofit organization known as the ``Beaver County Corporation for
Economic Development'' to provide a site for economic development; as
amended.
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. SKAGGS, announced that two-thirds of
those present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 119.34 h.r. 4939--unfinished business
The SPEAKER pro tempore, Mr. SKAGGS, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 4939) to designate the United States
courthouse located at 201 South Vine Street in Urbana, Illinois, as the
``Frederick S. Green United States Courthouse''.
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. SKAGGS, announced that two-thirds of
those present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 119.35 h.r. 4910--unfinished business
The SPEAKER pro tempore, Mr. SKAGGS, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 4910) to designate the United States
courthouse under construction in White Plains, New York, as the
``Thurgood Marshall United States Courthouse''.
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. SKAGGS, announced that two-thirds of
those present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 119.36 h.r. 4967--unfinished business
The SPEAKER pro tempore, Mr. SKAGGS, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 4967) to designate the Federal
building and United States courthouse in Detroit, Michigan, as the
``Theodore Levin Federal Building and United States Courthouse''; as
amended.
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
[[Page 2310]]
The SPEAKER pro tempore, Mr. SKAGGS, announced that two-thirds of
those present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read:``A bill to
designate the United States courthouse located at 231 West Lafayette
Street in Detroit, Michigan, as the `Theodore Levin United States
Courthouse' and to designate the postal facility located at 1401 West
Fort Street in Detroit, Michigan, as the `George W. Young Post
Office'.''
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 119.37 h.r. 4495--unfinished business
The SPEAKER pro tempore, Mr. SKAGGS, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 4495) to amend the Federal Aviation
Act of 1958 to prohibit smoking on all scheduled airline flight segments
in air transportation or intrastate air transportation; as amended.
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. SKAGGS, announced that two-thirds of
those present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 119.38 h. res. 558--unfinished business
The SPEAKER pro tempore, Mr. SKAGGS, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and agree to the resolution (H. Res. 558) providing for the
concurrence by the House with an amendment to the amendment of the
Senate to H.R. 2440.
The question being put, viva voce,
Will the House suspend the rules and agree to said resolution?
The SPEAKER pro tempore, Mr. SKAGGS, announced that two-thirds of
those present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said resolution was agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
Para. 119.39 h.r. 1520--unfinished business
The SPEAKER pro tempore, Mr. SKAGGS, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 1520) to amend the Petroleum Marketing
Practices Act; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
413
<3-line {>
affirmative
Nays
0
Para. 119.40 [Roll No. 476]
YEAS--413
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--21
Applegate
Baesler
Browder
Ford (MI)
Furse
Gallo
Huffington
Istook
Johnson (GA)
Johnson (SD)
Lantos
Lewis (GA)
Mann
McCurdy
McMillan
Miller (CA)
Pelosi
Slattery
Sundquist
Tucker
Washington
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 119.41 h.r. 5108--unfinished business
The SPEAKER pro tempore, Mr. SKAGGS, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the
[[Page 2311]]
rules and pass the bill (H.R. 5108) to extend the Export Administration
Act of 1979.
The question being put,
Will the House suspend the rules and pass said bill?
The vote was taken by electronic device.
It was decided in the
Yeas
407
<3-line {>
affirmative
Nays
4
Para. 119.42 [Roll No. 477]
YEAS--407
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Flake
Foglietta
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mica
Michel
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Studds
Stump
Stupak
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (FL)
Zeliff
Zimmer
NAYS--4
Abercrombie
DeFazio
Lewis (CA)
Young (AK)
NOT VOTING--23
Andrews (TX)
Applegate
Fish
Ford (MI)
Gallo
Huffington
Inhofe
Istook
Johnson (CT)
Johnston
Lantos
Lewis (GA)
McCurdy
McMillan
Mfume
Mineta
Penny
Roukema
Slattery
Strickland
Sundquist
Tucker
Washington
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 119.43 h. con. res. 279--unfinished business
The SPEAKER pro tempore, Mr. SKAGGS, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and agree to the concurrent resolution (H. Con. Res. 279)
condemning the July 13, 1994, sinking of the ``13th of March'', a
tugboat carrying 72 unarmed Cuban citizens, by vessels of the Cuban
Government; as amended.
The question being put,
Will the House suspend the rules and agree to said concurrent
resolution, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
413
<3-line {>
affirmative
Nays
0
Para. 119.44 [Roll No. 478]
YEAS--413
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
[[Page 2312]]
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--21
Andrews (TX)
Applegate
Dingell
Dunn
Ford (MI)
Gallo
Huffington
Inhofe
Johnston
Lantos
Lewis (GA)
Manton
McCurdy
McMillan
Mfume
Rose
Sharp
Slattery
Sundquist
Tucker
Washington
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution, as amended, was
agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said concurrent resolution, as amended, was agreed to was, by unanimous
consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
Para. 119.45 h. con. res. 286--unfinished business
The SPEAKER pro tempore, Mr. SKAGGS, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and agree to the concurrent resolution (H. Con. Res. 286)
recognizing the contribution of President Alfredo Christiani of El
Salvador to achieve peace and national reconciliation in El Salvador.
The question being put,
Will the House suspend the rules and agree to said concurrent
resolution?
The vote was taken by electronic device.
Yeas
414
It was decided in the
Nays
0
<3-line {>
affirmative
Answered present
4
Para. 119.46 [Roll No. 479]
YEAS--414
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manzullo
Margolies-Mezvinsky
Markey
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Stump
Stupak
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
ANSWERED ``PRESENT''--4
Becerra
DeFazio
Hamburg
Martinez
NOT VOTING--16
Andrews (TX)
Applegate
Gallo
Huffington
Johnston
Lantos
Lewis (GA)
Manton
McCurdy
McMillan
Mfume
Slattery
Studds
Sundquist
Tucker
Washington
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said concurrent resolution was agreed to was, by unanimous consent, laid
on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
Para. 119.47 s. 1225--unfinished business
The SPEAKER pro tempore, Mr. SKAGGS, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill of the Senate (S. 1225) to authorize and
encourage the President to conclude an agreement with Mexico to
establish a United States-Mexico Border Health Commission; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
[[Page 2313]]
It was decided in the
Yeas
246
<3-line {>
negative
Nays
169
Para. 119.48 [Roll No. 480]
YEAS--246
Abercrombie
Ackerman
Andrews (ME)
Bacchus (FL)
Baesler
Barcia
Barlow
Barton
Bateman
Becerra
Beilenson
Bereuter
Berman
Bevill
Bishop
Blackwell
Bliley
Blute
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Coppersmith
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Dornan
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilman
Glickman
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Horn
Hoyer
Hughes
Hunter
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Kanjorski
Kennedy
Kennelly
Kildee
Kleczka
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Laughlin
Leach
Lehman
Levin
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McDermott
McHale
McKinney
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Molinari
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickle
Pomeroy
Poshard
Price (NC)
Rangel
Reed
Reynolds
Richardson
Rogers
Ros-Lehtinen
Rose
Rostenkowski
Roth
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (TX)
Snowe
Spratt
Stark
Stenholm
Stokes
Strickland
Stupak
Swift
Synar
Tauzin
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Unsoeld
Valentine
Velazquez
Vento
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--169
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barca
Barrett (NE)
Barrett (WI)
Bartlett
Bentley
Bilirakis
Boehlert
Boehner
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clement
Clinger
Coble
Collins (GA)
Cooper
Costello
Cox
Crane
Crapo
Cunningham
DeLay
Doolittle
Dreier
Duncan
Dunn
Emerson
Everett
Ewing
Fawell
Fingerhut
Fish
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gillmor
Gingrich
Gonzalez
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Holden
Houghton
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Johnson, Sam
Kaptur
Kasich
Kim
King
Kingston
Klein
Klink
Klug
Knollenberg
LaRocco
Lazio
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lucas
Manzullo
Margolies-Mezvinsky
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McNulty
Meyers
Mica
Michel
Miller (FL)
Moorhead
Myers
Nussle
Orton
Oxley
Packard
Parker
Paxon
Penny
Petri
Pickett
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Regula
Ridge
Roberts
Roemer
Rohrabacher
Roukema
Santorum
Saxton
Schaefer
Sensenbrenner
Shaw
Shuster
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Solomon
Spence
Stearns
Stump
Swett
Talent
Tanner
Taylor (MS)
Taylor (NC)
Thomas (WY)
Traficant
Upton
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--19
Andrews (TX)
Applegate
Bilbray
Gallo
Huffington
Johnston
Lantos
Lewis (GA)
Manton
McCurdy
McMillan
Moakley
Slattery
Studds
Sundquist
Tucker
Visclosky
Washington
Waters
So, two-thirds of the Members present having not voted in favor
thereof, the rules were not suspended and said bill was not passed.
Para. 119.49 s. 1919--unfinished business
The SPEAKER pro tempore, Mr. SKAGGS, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (S. 1919) to improve water quality within
the Rio Puerco watershed and to help restore the ecological health of
the Rio Grande through the cooperative identification and implementation
of best management practices which are consistent with the ecological,
geological, cultural, sociological, and economic conditions in the
region; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
233
<3-line {>
negative
Nays
180
Para. 119.50 [Roll No. 481]
YEAS--233
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Bacchus (FL)
Baesler
Barca
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Blute
Boehlert
Bonilla
Bonior
Borski
Boucher
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Byrne
Cantwell
Cardin
Carr
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Costello
Coyne
Danner
Darden
de la Garza
DeFazio
DeLauro
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Furse
Gejdenson
Gephardt
Gibbons
Gilchrest
Gilman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Horn
Hoyer
Hughes
Inslee
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Kolbe
Kopetski
Kreidler
LaFalce
Lancaster
LaRocco
Lehman
Levin
Lewis (KY)
Linder
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Mollohan
Montgomery
Moran
Morella
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Regula
Reynolds
Richardson
Ridge
Roemer
Rogers
Ros-Lehtinen
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Shuster
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Snowe
Spratt
Stark
Stokes
Strickland
Stupak
Swift
Synar
Tauzin
Tejeda
Thomas (WY)
Thompson
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Unsoeld
Velazquez
Vento
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Young (AK)
NAYS--180
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bentley
Bilirakis
Bliley
Boehner
Brewster
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chapman
Coble
Collins (GA)
Combest
Condit
Cooper
Cox
Cramer
Crane
Crapo
Cunningham
Deal
DeLay
Doolittle
Dornan
Dreier
Duncan
Dunn
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Frost
Gallegly
Gekas
Geren
Gillmor
Gingrich
Glickman
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hoekstra
Hoke
Holden
Houghton
Hunter
[[Page 2314]]
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Jacobs
Johnson (GA)
Johnson, Sam
Kanjorski
Kasich
Kim
King
Kingston
Klink
Klug
Knollenberg
Kyl
Lambert
Laughlin
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Lipinski
Livingston
Lucas
Manzullo
Margolies-Mezvinsky
McCandless
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McKeon
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Murphy
Myers
Nussle
Orton
Oxley
Packard
Parker
Paxon
Penny
Petri
Pickett
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Roberts
Rohrabacher
Rose
Roth
Roukema
Rowland
Royce
Sangmeister
Santorum
Sarpalius
Schaefer
Sensenbrenner
Shaw
Sisisky
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stenholm
Stump
Swett
Talent
Tanner
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thornton
Upton
Valentine
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (FL)
Zeliff
Zimmer
NOT VOTING--21
Andrews (TX)
Applegate
Browder
Dellums
Gallo
Huffington
Johnston
Lantos
Lewis (GA)
Manton
McCurdy
McMillan
Moakley
Saxton
Slattery
Studds
Sundquist
Tucker
Visclosky
Washington
Waters
So, two-thirds of the Members present having not voted in favor
thereof, the rules were not suspended and said bill, as amended, was not
passed.
Para. 119.51 h.r. 4533--unfinished business
The SPEAKER pro tempore, Mr. SKAGGS, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 4533) to promote entrepreneurial
management of the National Park Service, and for other purposes; as
amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
238
<3-line {>
negative
Nays
174
Para. 119.52 [Roll No. 482]
YEAS--238
Abercrombie
Ackerman
Andrews (ME)
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bilbray
Bishop
Blackwell
Blute
Boehlert
Bonior
Boucher
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Carr
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Coyne
Darden
DeLauro
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Dunn
Durbin
Edwards (CA)
Engel
English
Eshoo
Evans
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (NJ)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilchrest
Glickman
Gonzalez
Goodlatte
Goss
Grams
Green
Greenwood
Gutierrez
Hall (OH)
Hamburg
Hamilton
Hansen
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoke
Horn
Houghton
Hoyer
Hughes
Hyde
Inslee
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kleczka
Klein
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lancaster
LaRocco
Levin
Long
Lowey
Machtley
Maloney
Mann
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McKinney
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Pickett
Pickle
Pomeroy
Porter
Portman
Price (NC)
Rahall
Rangel
Reed
Regula
Reynolds
Richardson
Roberts
Roemer
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schenk
Schroeder
Scott
Serrano
Sharp
Shays
Shepherd
Sisisky
Skaggs
Slaughter
Smith (OR)
Smith (TX)
Snowe
Spratt
Stearns
Stokes
Strickland
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Tejeda
Thomas (WY)
Thompson
Torkildsen
Torres
Torricelli
Traficant
Unsoeld
Upton
Valentine
Vento
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Zimmer
NAYS--174
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Bartlett
Bevill
Bilirakis
Bliley
Boehner
Bonilla
Borski
Brewster
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cardin
Castle
Chapman
Clement
Clinger
Coble
Collins (GA)
Combest
Condit
Cooper
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
de la Garza
Deal
DeFazio
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Edwards (TX)
Ehlers
Emerson
Everett
Ewing
Fields (TX)
Fish
Foglietta
Franks (CT)
Gallegly
Gekas
Geren
Gillmor
Gilman
Gingrich
Goodling
Gordon
Grandy
Gunderson
Hall (TX)
Hancock
Hastert
Hefley
Herger
Hoekstra
Holden
Hunter
Hutchinson
Hutto
Inglis
Inhofe
Istook
Jacobs
Johnson, Sam
Kim
King
Kingston
Klink
Klug
Knollenberg
Lambert
Laughlin
Lazio
Leach
Lehman
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Lipinski
Livingston
Lloyd
Lucas
Manzullo
McCandless
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McKeon
Mica
Michel
Miller (FL)
Mink
Molinari
Moorhead
Myers
Nadler
Nussle
Oxley
Packard
Pallone
Paxon
Peterson (MN)
Petri
Pombo
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Ridge
Rogers
Rohrabacher
Roth
Royce
Sangmeister
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Schumer
Sensenbrenner
Shaw
Shuster
Skeen
Skelton
Smith (IA)
Smith (MI)
Smith (NJ)
Solomon
Spence
Stark
Stenholm
Stump
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thornton
Thurman
Towns
Velazquez
Volkmer
Vucanovich
Walker
Walsh
Weldon
Young (FL)
Zeliff
NOT VOTING--22
Andrews (TX)
Applegate
Browder
Dellums
Gallo
Huffington
Johnston
Lantos
Lewis (GA)
Linder
Manton
McCurdy
McMillan
McNulty
Moakley
Slattery
Studds
Sundquist
Tucker
Visclosky
Washington
Waters
So, two-thirds of the Members present having not voted in favor
thereof, the rules were not suspended and said bill, as amended, was not
passed.
Para. 119.53 order of business--suspension of the rules
The SPEAKER pro tempore, Mr. SKAGGS, announced that the redesignation
until Wednesday, October 5, 1994, of further proceedings on the motion
to suspend the rules and pass the bill of the Senate (S. 986) to provide
for an interpretive center at the Civil War Battlefield of Corinth,
Mississippi, and for other purposes; as amended.
Para. 119.54 small business act and small business investment act
Mr. LaFALCE called up the following conference report (Rept. No. 103-
824):
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the House to the bill (S.
2060), to amend the Small Business Act and the Small Business
Investment Act of 1958, and for other purposes, having met,
after full and free conference, have agreed to recommend and
do recommend to their respective Houses as follows:
That the Senate recede from its disagreement to the
amendment of the House to the text of the bill and agree to
the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the House
amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Small
Business Administration Reauthorization and Amendments Act of
1994''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--AUTHORIZATIONS
Sec. 101. Authorizations.
TITLE II--FINANCIAL ASSISTANCE PROGRAMS
Sec. 201. Microloan financing pilot.
Sec. 202. Eligibility of Native American Tribal Governments to be
microloan intermediaries.
Sec. 203. Microloan program extension.
Sec. 204. Microloan program funding and State limitations.
Sec. 205. Distribution of intermediaries.
Sec. 206. Microloan intermediary loan limitation.
[[Page 2315]]
Sec. 207. Microloan technical assistance to nonborrowers.
Sec. 208. Microloan technical assistance grants for intermediaries
serving economically distressed areas.
Sec. 209. Loans to exporters.
Sec. 210. Working capital international trade loans.
Sec. 211. Guarantees on international trade loans.
Sec. 212. Accredited lenders program.
Sec. 213. Interest rate on certified development company loans.
Sec. 214. Certifications of eligibility for SBIC and SSBIC financing.
Sec. 215. Participating securities for smaller SBICs.
Sec. 216. Report on SBIC program.
Sec. 217. Premier Certified Lenders Program.
TITLE III--SIZE STANDARDS AND BOND GUARANTEES
Sec. 301. Establishment of size standards.
Sec. 302. Pilot preferred surety bond guarantee program extension.
Sec. 303. Manufacturing contracts through manufacturing application and
education centers.
Sec. 304. Pilot program for very small business concerns.
Sec. 305. Handicapped workshop participation in small business set
aside contracts.
TITLE IV--BUSINESS DEVELOPMENT ASSISTANCE
Subtitle A--General Provisions
Sec. 401. Sunset on cosponsored training.
Sec. 402. Small business development center program level.
Sec. 403. Federal contracts with small business development centers.
Sec. 404. Small business development center program examination and
certification.
Sec. 405. Central European small business development.
Sec. 406. Mobile resource center pilot program.
Sec. 407. Information concerning franchising.
Subtitle B--Development of Woman-Owned Businesses
Sec. 411. Extension of authority for demonstration projects.
Sec. 412. Establishment of Office of Women's Business Ownership.
Sec. 413. Development of women's business enterprise.
Sec. 414. Transition reimbursement.
Sec. 415. Gift authority.
Sec. 416. Conforming amendment.
TITLE V--RELIEF FROM DEBENTURE PREPAYMENT PENALTIES
Sec. 501. Short title.
Sec. 502. Intention of Congress.
Sec. 503. Prepayment of development company debentures.
TITLE VI--MISCELLANEOUS AMENDMENTS
Sec. 601. SBA interest payments to Treasury.
Sec. 602. Imposition of fees.
Sec. 603. Job creation and community benefit.
Sec. 604. Microloan program amendments.
Sec. 605. Technical clarification.
Sec. 606. Study and data base: guaranteed business loan program and
development company program.
Sec. 607. SBIR vendors.
Sec. 608. Program extension.
Sec. 609. Prohibition on the use of funds for individuals not lawfully
within the United States.
Sec. 610. Office of Advocacy employees.
Sec. 611. Prohibition on the provision of assistance.
Sec. 612. Certification of compliance with child support obligations.
Sec. 613. Advocacy study of paperwork and tax impact.
TITLE I--AUTHORIZATIONS
SEC. 101. AUTHORIZATIONS.
Section 20 of the Small Business Act (15 U.S.C. 631 note)
is amended by striking subsections (k) (as added by section
405(3) of the Small Business Credit and Business Opportunity
Enhancement Act of 1992) through (p) and inserting the
following:
``(l) The following program levels are authorized for
fiscal year 1995:
``(1) For the programs authorized by this Act, the
Administration is authorized to make--
``(A) $45,000,000 in technical assistance grants as
provided in section 7(m); and
``(B) $130,000,000 in direct and immediate participation
loans, and of such sum, the Administration is authorized to
make--
``(i) not more than $10,000,000 in loans, as provided in
section 7(a)(10); and
``(ii) not more than $120,000,000 in loans, as provided in
section 7(m).
``(2) For the programs authorized by this Act, the
Administration is authorized to make $13,420,000,000 in
deferred participation loans and other financings. Of such
sum, the Administration is authorized to make--
``(A) $9,150,000,000 in general business loans as provided
in section 7(a);
``(B) $2,250,000,000 in financings as provided in section
7(a)(13) and section 504 of the Small Business Investment Act
of 1958;
``(C) $2,000,000,000 in loans as provided in section
7(a)(21); and
``(D) $20,000,000 in loans as provided in section 7(m).
``(3) For the programs authorized by title III of the Small
Business Investment Act of 1958, the Administration is
authorized to make--
``(A) $23,000,000 in purchases of preferred securities;
``(B) $244,000,000 in guarantees of debentures, of which
$44,000,000 is authorized in guarantees of debentures from
companies operating pursuant to section 301(d) of such Act;
and
``(C) $400,000,000 in guarantees of participating
securities.
``(4) For the programs authorized by part B of title IV of
the Small Business Investment Act of 1958, the Administration
is authorized to enter into guarantees not to exceed
$1,800,000,000, of which not more than $600,000,000 may be in
bonds approved pursuant to the provisions of section
411(a)(3) of such Act.
``(5) The Administration is authorized to make grants or
enter into cooperative agreements--
``(A) for the Service Corps of Retired Executives program
authorized by section 8(b)(1), $3,500,000;
``(B) for the Small Business Institute program authorized
by section 8(b)(1), $3,000,000; and
``(C) for activities of small business development centers
pursuant to section 21(c)(3)(G), $5,000,000, to remain
available until expended.
``(m)(1) There are authorized to be appropriated to the
Administration for fiscal year 1995 such sums as may be
necessary to carry out the provisions of this Act, including
administrative expenses and necessary loan capital for
disaster loans pursuant to section 7(b), and to carry out the
provisions of the Small Business Investment Act of 1958,
including salaries and expenses of the Administration.
``(2) Notwithstanding paragraph (1), for fiscal year 1995--
``(A) no funds are authorized to be provided to carry out
the loan program authorized by section 7(a)(21) except by
transfer from another Federal department or agency to the
Administration, unless the program level authorized for
general business loans under subsection (l)(2)(A) is fully
funded; and
``(B) the Administration may not approve loans on behalf of
the Administration or on behalf of any other department or
agency, by contract or otherwise, under terms and conditions
other than those specifically authorized under this Act or
the Small Business Investment Act of 1958, except that it may
approve loans under section 7(a)(21) of this Act in gross
amounts of not more than $1,250,000,000.
``(n) The following program levels are authorized for
fiscal year 1996:
``(1) For the programs authorized by this Act, the
Administration is authorized to make--
``(A) $65,000,000 in technical assistance grants as
provided in section 7(m); and
``(B) $191,000,000 in direct and immediate participation
loans, and of such sum, the Administration is authorized to
make--
``(i) $11,000,000 in loans, as provided in section
7(a)(10); and
``(ii) $180,000,000 in loans, as provided in section 7(m).
``(2) For the programs authorized by this Act, the
Administration is authorized to make $15,680,000,000 in
deferred participation loans and other financings. Of such
sum, the Administration is authorized to make--
``(A) $10,500,000,000 in general business loans as provided
in section 7(a);
``(B) $2,650,000,000 in financings as provided in section
7(a)(13) and section 504 of the Small Business Investment Act
of 1958;
``(C) $2,500,000,000 in loans as provided in section
7(a)(21); and
``(D) $30,000,000 in loans as provided in section 7(m).
``(3) For the programs authorized by title III of the Small
Business Investment Act of 1958, the Administration is
authorized to make--
``(A) $24,000,000 in purchases of preferred securities;
``(B) $256,000,000 in guarantees of debentures, of which
$46,000,000 is authorized in guarantees of debentures from
companies operating pursuant to section 301(d) of such Act;
and
``(C) $650,000,000 in guarantees of participating
securities.
``(4) For the programs authorized by part B of title IV of
the Small Business Investment Act of 1958, the Administration
is authorized to enter into guarantees not to exceed
$1,900,000,000, of which not more than $625,000,000 may be in
bonds approved pursuant to the provisions of section
411(a)(3) of such Act.
``(5) The Administration is authorized to make grants or
enter cooperative agreements--
``(A) for the Service Corps of Retired Executives program
authorized by section 8(b)(1), $3,700,000;
``(B) for the Small Business Institute program authorized
by section 8(b)(1), $3,200,000; and
``(C) for activities of small business development centers
pursuant to section 21(c)(3)(G), not to exceed $10,000,000,
to remain available until expended.
``(o)(1) There are authorized to be appropriated to the
Administration for fiscal year 1996 such sums as may be
necessary to carry out the provisions of this Act, including
administrative expenses and necessary loan capital for
disaster loans pursuant to section 7(b), and to carry out the
provisions of the Small Business Investment Act of 1958,
including salaries and expenses of the Administration.
[[Page 2316]]
``(2) Notwithstanding paragraph (1), for fiscal year 1996--
``(A) no funds are authorized to be provided to carry out
the loan program authorized by section 7(a)(21) except by
transfer from another Federal department or agency to the
Administration, unless the program level authorized for
general business loans under subsection (n)(2)(A) is fully
funded; and
``(B) the Administration may not approve loans on behalf of
the Administration or on behalf of any other department or
agency, by contract or otherwise, under terms and conditions
other than those specifically authorized under this Act or
the Small Business Investment Act of 1958, except that it may
approve loans under section 7(a)(21) of this Act in gross
amounts of not more than $1,250,000,000.
``(p) The following program levels are authorized for
fiscal year 1997:
``(1) For the programs authorized by this Act, the
Administration is authorized to make--
``(A) $98,000,000 in technical assistance grants as
provided in section 7(m); and
``(B) $262,000,000 in direct and immediate participation
loans, and of such sum, the Administration is authorized to
make--
``(i) $12,000,000 in loans, as provided in section
7(a)(10); and
``(ii) $250,000,000 in loans, as provided in section 7(m).
``(2) For the programs authorized by this Act, the
Administration is authorized to make $19,390,000,000 in
deferred participation loans and other financings. Of such
sum, the Administration is authorized to make--
``(A) $13,100,000,000 in general business loans as provided
in section 7(a);
``(B) $3,250,000,000 in financings as provided in section
7(a)(13) and section 504 of the Small Business Investment Act
of 1958;
``(C) $3,000,000,000 in loans as provided in section
7(a)(21); and
``(D) $40,000,000 in loans as provided in section 7(m).
``(3) For the programs authorized by title III of the Small
Business Investment Act of 1958, the Administration is
authorized to make--
``(A) $25,000,000 in purchases of preferred securities;
``(B) $268,000,000 in guarantees of debentures, of which
$48,000,000 is authorized in guarantees of debentures from
companies operating pursuant to section 301(d) of such Act;
and
``(C) $900,000,000 in guarantees of participating
securities.
``(4) For the programs authorized by part B of title IV of
the Small Business Investment Act of 1958, the Administration
is authorized to enter into guarantees not to exceed
$2,000,000,000, of which not more than $650,000,000 may be in
bonds approved pursuant to the provisions of section
411(a)(3) of such Act.
``(5) The Administration is authorized to make grants or
enter cooperative agreements--
``(A) for the Service Corps of Retired Executives program
authorized by section 8(b)(1), $3,900,000;
``(B) for the Small Business Institute program authorized
by section 8(b)(1), $3,400,000; and
``(C) for activities of small business development centers
pursuant to section 21(c)(3)(G), not to exceed $15,000,000,
to remain available until expended.
``(q)(1) There are authorized to be appropriated to the
Administration for fiscal year 1997 such sums as may be
necessary to carry out the provisions of this Act, including
administrative expenses and necessary loan capital for
disaster loans pursuant to section 7(b), and to carry out the
provisions of the Small Business Investment Act of 1958,
including salaries and expenses of the Administration.
``(2) Notwithstanding paragraph (1), for fiscal year 1997--
``(A) no funds are authorized to be provided to carry out
the loan program authorized by section 7(a)(21) except by
transfer from another Federal department or agency to the
Administration, unless the program level authorized for
general business loans under subsection (p)(2)(A) is fully
funded; and
``(B) the Administration may not approve loans on behalf of
the Administration or on behalf of any other department or
agency, by contract or otherwise, under terms and conditions
other than those specifically authorized under this Act or
the Small Business Investment Act of 1958, except that it may
approve loans under section 7(a)(21) of this Act in gross
amounts of not more than $1,250,000,000.''.
TITLE II--FINANCIAL ASSISTANCE PROGRAMS
SEC. 201. MICROLOAN FINANCING PILOT.
Section 7(m) of the Small Business Act (15 U.S.C. 636(m))
is amended by adding at the end the following new paragraph:
``(12) Deferred participation loan pilot.--In lieu of
making direct loans to intermediaries as authorized in
paragraph (1)(B), during fiscal years 1995 through 1997, the
Administration may, on a pilot program basis, participate on
a deferred basis of not less than 90 percent and not more
than 100 percent on loans made to intermediaries by a for-
profit or nonprofit entity or by alliances of such entities,
subject to the following conditions:
``(A) Number of loans.--In carrying out this paragraph, the
Administration shall not participate in providing financing
on a deferred basis to more than 10 intermediaries in urban
areas or more than 10 intermediaries in rural areas.
``(B) Term of loans.--The term of each loan shall be 10
years. During the first year of the loan, the intermediary
shall not be required to repay any interest or principal.
During the second through fifth years of the loan, the
intermediary shall be required to pay interest only. During
the sixth through tenth years of the loan, the intermediary
shall be required to make interest payments and fully
amortize the principal.
``(C) Interest rate.--The interest rate on each loan shall
be the rate specified by paragraph (3)(F) for direct
loans.''.
SEC. 202. ELIGIBILITY OF NATIVE AMERICAN TRIBAL GOVERNMENTS
TO BE MICROLOAN INTERMEDIARIES.
Section 7(m)(11)(A) of the Small Business Act (15 U.S.C.
636(m)(11)(A)) is amended--
(1) in clause (iii), by striking ``or'' at the end;
(2) in clause (iv), by striking the comma at the end and
inserting ``; or''; and
(3) by adding at the end the following new clause:
``(v) an agency of or nonprofit entity established by a
Native American Tribal Government,''.
SEC. 203. MICROLOAN PROGRAM EXTENSION.
Section 609(j) of Public Law 102-140 (105 Stat. 831) is
amended by striking ``5 years after the date of enactment of
this Act'', and inserting ``on October 1, 1997''.
SEC. 204. MICROLOAN PROGRAM FUNDING AND STATE LIMITATIONS.
Section 7(m)(7) of the Small Business Act (15 U.S.C.
636(m)(7)) is amended to read as follows:
``(7) Program funding for microloans.--
``(A) Number of participants.--During the demonstration
program authorized by this subsection, the Administration may
fund, on a competitive basis, not more than 200 microloan
programs.
``(B) State limitations.--During any fiscal year, a State
shall not receive new loan funds from the Administration that
exceed 125 percent of the State's pro rata share of the
microloan program authorization during such fiscal year, such
share to be based on the population of the State, as compared
to the total population of the United States.''.
SEC. 205. DISTRIBUTION OF INTERMEDIARIES.
Section 7(m)(8) of the Small Business Act (15 U.S.C.
636(m)(8)) is amended to read as follows:
``(8) Equitable distribution of intermediaries.--In
approving microloan program applicants under this subsection,
the Administration shall select such intermediaries as will
ensure appropriate availability of loans for small businesses
in all industries located throughout each State, particularly
those located in urban and in rural areas.''.
SEC. 206. MICROLOAN INTERMEDIARY LOAN LIMITATION.
Section 7(m)(3)(C) of the Small Business Act (15 U.S.C.
636(m)(3)(C)) is amended by striking ``$1,250,000'' and
inserting ``$2, 500,000''.
SEC. 207. MICROLOAN TECHNICAL ASSISTANCE TO NONBORROWERS.
Section 7(m)(4) of the Small Business Act (15 U.S.C.
636(m)(4)) is amended by adding at the end the following new
subparagraph:
``(E) Assistance to certain small business concerns.--Each
intermediary may expend an amount not to exceed 15 percent of
the grant funds received under paragraph (1)(B)(ii) to
provide information and technical assistance to small
business concerns that are prospective borrowers under this
subsection.''.
SEC. 208. MICROLOAN TECHNICAL ASSISTANCE GRANTS FOR
INTERMEDIARIES SERVING ECONOMICALLY DISTRESSED
AREAS.
(a) Grant Eligibility.--Section 7(m)(4) of the Small
Business Act (15 U.S.C. 636(m)(4)) is amended--
(1) in subparagraph (B), by inserting ``except for a grant
made to an intermediary that provides not less than 50
percent of its loans to small business concerns located in or
owned by one or more residents of an economically distressed
area,'' after ``under subparagraph (A),''; and
(2) in subparagraph (C), by striking clause (i) and
inserting the following:
``(i) In general.--In addition to grants made under
subparagraph (A), each intermediary shall be eligible to
receive a grant equal to 5 percent of the total outstanding
balance of loans made to the intermediary under this
subsection if--
``(I) the intermediary provides not less than 25 percent of
its loans to small business concerns located in or owned by
one or more residents of an economically distressed area; or
``(II) the intermediary has a portfolio of loans made under
this subsection that averages not more than $7,500 during the
period of the intermediary's participation in the program.''.
(b) Definition.--Section 7(m)(11) of the Small Business Act
(15 U.S.C. 636(m)(11)) is amended--
(1) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(2) by adding at the end the following new subparagraph:
``(D) the term `economically distressed area', as used in
paragraph (4), means a county or equivalent division of local
government of a State in which the small business concern is
located, in which, according to the most recent data
available from the Bureau of the Census, Department of
Commerce, not less than 40 percent of residents have an
annual income that is at or below the poverty level.''.
(c) Termination.--The amendments made by this section shall
remain in effect during
[[Page 2317]]
the period beginning on the date of enactment of this Act and
ending on October 1, 1997.
SEC. 209. LOANS TO EXPORTERS.
Section 7(a)(14)(A) of the Small Business Act (15 U.S.C.
636(a)(14)(A)) is amended to read as follows:
``(14)(A) The Administration may provide extensions of
credit, standby letters of credit, revolving lines of credit
for export purposes, and other financing to enable small
business concerns, including small business export trading
companies and small business export management companies, to
develop foreign markets. A bank or participating lending
institution may establish the rate of interest on such
financings as may be legal and reasonable.''.
SEC. 210. WORKING CAPITAL INTERNATIONAL TRADE LOANS.
Section 7(a)(3)(B) of the Small Business Act (15 U.S.C.
636(a)(3)(B)) is amended to read as follows:
``(B) if the total amount outstanding and committed (on a
deferred basis) solely for the purposes provided in paragraph
(16) to the borrower from the business loan and investment
fund established by this Act would exceed $1,250,000, of
which not more than $750,000 may be used for working capital,
supplies, or financings under section 7(a)(14) for export
purposes; and''.
SEC. 211. GUARANTEES ON INTERNATIONAL TRADE LOANS.
Section 7(a)(2)(B)(iv) of the Small Business Act (15 U.S.C.
636(a)(2)(B)(iv)) is amended to read as follows:
``(iv) not less than 85 percent nor more than 90 percent of
the financing outstanding at the time of disbursement if such
financing is a loan under paragraph (14) or (16).''.
SEC. 212. ACCREDITED LENDERS PROGRAM.
(a) Establishment.--Title V of the Small Business
Investment Act of 1958 (15 U.S.C. 695 et seq.) is amended by
adding at the end the following new section:
``SEC. 507. ACCREDITED LENDERS PROGRAM.
``(a) Establishment.--The Administration is authorized to
establish an Accredited Lenders Program for qualified State
and local development companies that meet the requirements of
subsection (b).
``(b) Requirements.--The Administration may designate a
qualified State or local development company as an accredited
lender if such company--
``(1) has been an active participant in the Development
Company Program authorized by sections 502, 503, and 504 for
not less than the preceding 12 months;
``(2) has well-trained, qualified personnel who are
knowledgeable in the Administration's lending policies and
procedures for such Development Company Program;
``(3) has the ability to process, close, and service
financing for plant and equipment under such Development
Company Program;
``(4) has a loss rate on the company's debentures that is
reasonable and acceptable to the Administration;
``(5) has a history of submitting to the Administration
complete and accurate debenture guaranty application
packages; and
``(6) has demonstrated the ability to serve small business
credit needs for financing plant and equipment through the
Development Company Program.
``(c) Expedited Processing of Loan Applications.--The
Administration shall develop an expedited procedure for
processing a loan application or servicing action submitted
by a qualified State or local development company that has
been designated as an accredited lender in accordance with
subsection (b).
``(d) Suspension or Revocation of Designation.--
``(1) In general.--The designation of a qualified State or
local development company as an accredited lender may be
suspended or revoked if the Administration determines that--
``(A) the development company has not continued to meet the
criteria for eligibility under subsection (b); or
``(B) the development company has failed to adhere to the
Administration's rules and regulations or is violating any
other applicable provision of law.
``(2) Effect.--A suspension or revocation under paragraph
(1) shall not affect any outstanding debenture guarantee.
``(e) Definition.--For purposes of this section, the term
`qualified State or local development company' has the same
meaning as in section 503(e).''.
(b) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Administration shall promulgate
final regulations to carry out this section.
(c) Report.--Not later than 1 year after the effective date
of regulations promulgated under subsection (b), and
biennially thereafter, the Administration shall report to the
Committees on Small Business of the Senate and the House of
Representatives on the implementation of this section. Such
report shall include data on the number of development
companies designated as accredited lenders, their debenture
guarantee volume, their loss rates, the average processing
time on their guarantee applications, and such other
information as the Administration deems appropriate.
SEC. 213. INTEREST RATE ON CERTIFIED DEVELOPMENT COMPANY
LOANS.
Section 112(c) of the Small Business Administration
Reauthorization and Amendment Act of 1988 (102 Stat. 2996) is
amended--
(1) in paragraph (1), by striking ``(1) In General.--
Section 503'' and inserting ``Section 503''; and
(2) by striking paragraph (2).
SEC. 214. CERTIFICATIONS OF ELIGIBILITY FOR SBIC AND SSBIC
FINANCING.
Section 308 of the Small Business Investment Act of 1958
(15 U.S.C. 687) is amended by adding at the end the following
new subsection:
``(h) Certifications of Eligibility.--
``(1) Certification by small business concern.--Prior to
receiving financial assistance from a company licensed
pursuant to subsection (c) or (d) of section 301, a small
business concern shall certify in writing that it meets the
eligibility requirements of the Small Business Investment
Company Program or the Specialized Small Business Investment
Company Program, as applicable.
``(2) Certification by company.--Prior to providing
financial assistance to a small business concern under this
Act, a company licensed pursuant to subsection (c) or (d) of
section 301 shall certify in writing that it has reviewed the
application for assistance of the small business concern and
that all documentation and other information supports the
eligibility of the applicant.
``(3) Retention of certifications.--Certificates made
pursuant to paragraphs (1) and (2) shall be retained by the
company licensed pursuant to subsection (c) or (d) of section
301 for the duration of the financial assistance.''.
SEC. 215. PARTICIPATING SECURITIES FOR SMALLER SBICS.
Section 303(g) of the Small Business Investment Act of 1958
(15 U.S.C. 683(g)) is amended by adding at the end the
following new paragraph:
``(13) Participating securities for smaller small business
investment companies.--
``(A) In general.--Subject to the provisions of
subparagraph (B), of the amount of the annual program level
of participating securities approved in appropriations Acts,
50 percent shall be reserved for funding small business
investment companies with private capital of not more than
$20,000,000.
``(B) Exception.--During the last quarter of each fiscal
year, if the Administrator determines that there is a lack of
qualified applicants with private capital of not more than
$20,000,000, the Administrator may utilize all or any part of
the program level for securities reserved under subparagraph
(A) for qualified applicants with private capital of more
than $20,000,000.''.
SEC. 216. REPORT ON SBIC PROGRAM.
Not later than May 15, 1995, the Small Business
Administration shall submit to the Committees on Small
Business of the House of Representatives and the Senate a
comprehensive report on--
(1) the status and disposition of all small business
investment companies participating in the Small Business
Investment Company Program under subsections (c) and (d) of
section 301 of the Small Business Investment Act of 1958,
whether active or in liquidation;
(2) a complete accounting of the assets in and the basis of
the portfolios of such companies;
(3) the projected and actual loss rates for all portfolios
in liquidation or active; and
(4) a detailed accounting of valuation of the Small
Business Investment Company Program's investments.
SEC. 217. PREMIER CERTIFIED LENDERS PROGRAM.
(a) In General.--Title V of the Small Business Investment
Act of 1958 (15 U.S.C. 695 et seq.) is amended by adding at
the end the following new section:
``SEC. 508. PREMIER CERTIFIED LENDERS PROGRAM.
``(a) Establishment.--On a pilot program basis, the
Administration may establish a Premier Certified Lenders
Program for not more than 15 certified development companies
that meet the requirements of subsection (b).
``(b) Requirements.--
``(1) Application.--To be eligible to participate in the
Premier Certified Lenders Program established under
subsection (a), a certified development company shall prepare
and submit to the Administration an application at such time,
in such manner, and containing such information as the
Administration may require.
``(2) Designation.--The Administration may designate a
certified development company as a premier certified lender
if such company--
``(A) has been an active participant in the accredited
lenders program during the 12-month period preceding the date
on which the company submits an application under paragraph
(1), except that, prior to January 1, 1996, the
Administration may waive this requirement if the company is
qualified to participate in the accredited lenders program;
``(B) has a history of submitting to the Administration
adequately analyzed debenture guarantee application packages;
and
``(C) agrees to assume and to reimburse the Administration
for 10 percent of any loss sustained by the Administration as
a result of default by the company in the payment of
principal or interest on a debenture issued by such company
and guaranteed by the Administration under this section.
``(c) Loss Reserve.--
``(1) Establishment.--A company designated as a premier
certified lender shall establish a loss reserve for
financings approved pursuant to this section.
``(2) Amount.--The amount of the loss reserve shall be
based upon the greater of--
``(A) the historic loss rate on debentures issued by such
company; or
``(B) 10 percent of the amount of the company's exposure as
determined under subsection (b)(2)(C).
[[Page 2318]]
``(3) Assets.--The loss reserve shall be comprised of
segregated assets of the company which shall be securitized
in favor of the Administration.
``(4) Contributions.--The company shall make contributions
to the loss reserve in the following amounts and at the
following intervals:
``(A) 50 percent when a debenture is closed.
``(B) 25 percent not later than 1 year after a debenture is
closed.
``(C) 25 percent not later than 2 years after a debenture
is closed.
``(d) Loan Approval Authority.--
``(1) In general.--Notwithstanding section 503(b)(6), and
subject to such terms and conditions as the Administration
may establish, the Administration may permit a company
designated as a premier certified lender under this section
to approve loans that are funded with the proceeds of a
debenture issued by such company and may authorize the
guarantee of such debenture.
``(2) Scope of review.--The approval of a loan by a premier
certified lender shall be subject to final approval as to
eligibility of any guarantee by the Administration pursuant
to section 503(a), but such final approval shall not include
review of decisions by the lender involving creditworthiness,
loan closing, or compliance with legal requirements imposed
by law or regulation.
``(e) Review.--After the issuance and sale of debentures
under this section, the Administration, at intervals not
greater than 12 months, shall review the financings made by
each premier certified lender. The review shall include the
lender's credit decisions and general compliance with the
eligibility requirements for each financing approved under
the program authorized under this section. The Administration
shall consider the findings of the review in carrying out its
responsibilities under subsection (f), but such review shall
not affect any outstanding debenture guarantee.
``(f) Suspension or Revocation.--The designation of a State
or local development company as a premier certified lender
may be suspended or revoked if the Administration determines
that the company--
``(1) has not continued to meet the criteria for
eligibility under subsection (b);
``(2) has not established or maintained the loss reserve
required under subsection (c);
``(3) is failing to adhere to the Administration's rules
and regulations; or
``(4) is violating any other applicable provision of law.
``(g) Effect of Suspension or Designation.--A suspension or
revocation under subsection (f) shall not affect any
outstanding debenture guarantee.
``(h) Regulations.--Not later than 180 days after the date
of enactment of this section, the Administration shall
promulgate regulations to carry out this section.
``(i) Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the
Administration shall report to the Committees on Small
Business of the Senate and the House of Representatives on
the implementation of this section. Each report shall
include--
``(1) the number of certified development companies
designated as premier certified lenders;
``(2) the debenture guarantee volume of such companies;
``(3) a comparison of the loss rate for premier certified
lenders to the loss rate for accredited and other lenders;
and
``(4) such other information as the Administration deems
appropriate.''.
(b) Repeal.--Effective on October 1, 1997, section 508 of
the Small Business Investment Act of 1958, as added by
subsection (a), is repealed.
TITLE III--SIZE STANDARDS AND BOND GUARANTEES
SEC. 301. ESTABLISHMENT OF SIZE STANDARDS.
Section 3(a)(2) of the Small Business Act (15 U.S.C.
632(a)(2)) is amended to read as follows:
``(2) Establishment of size standards.--
``(A) In general.--In addition to the criteria specified in
paragraph (1), the Administrator may specify detailed
definitions or standards by which a business concern may be
determined to be a small business concern for the purposes of
this Act or any other Act.
``(B) Additional criteria.--The standards described in
paragraph (1) may utilize number of employees, dollar volume
of business, net worth, net income, a combination thereof, or
other appropriate factors.
``(C) Requirements.--Unless specifically authorized by
statute, no Federal department or agency may prescribe a size
standard for categorizing a business concern as a small
business concern, unless such proposed size standard--
``(i) is proposed after an opportunity for public notice
and comment;
``(ii) provides for determining--
``(I) the size of a manufacturing concern as measured by
the manufacturing concern's average employment based upon
employment during each of the manufacturing concern's pay
periods for the preceding 12 months;
``(II) the size of a business concern providing services on
the basis of the annual average gross receipts of the
business concern over a period of not less than 3 years;
``(III) the size of other business concerns on the basis of
data over a period of not less than 3 years; or
``(IV) other appropriate factors; and
``(iii) is approved by the Administrator.''.
SEC. 302. PILOT PREFERRED SURETY BOND GUARANTEE PROGRAM
EXTENSION.
Section 207 of the Small Business Administration
Reauthorization and Amendment Act of 1988 (15 U.S.C. 694b
note) is amended by striking ``September 30, 1994'' and
inserting ``September 30, 1995''.
SEC. 303. MANUFACTURING CONTRACTS THROUGH MANUFACTURING
APPLICATION AND EDUCATION CENTERS.
(a) In General.--The Small Business Administration shall
promote the award of Federal manufacturing contracts to small
business concerns that participate in manufacturing
application and education centers by working with the
Department of Commerce and other agencies to identify
components and subsystems that are both critical and
currently foreign-sourced.
(b) Qualifications.--In order to qualify as a manufacturing
application and education center under this section, an
entity shall have the capacity to assist small business
concerns in a shared-use production environment and to offer
the following services:
(1) Technology demonstration.
(2) Technology education.
(3) Technology application support.
(4) Technology advancement support.
(c) Inapplicability of Certain Requirements.--The
requirements of section 15(o)(1)(B) of the Small Business Act
shall not apply with respect to any manufacturing contract
carried out by a small business concern in conjunction with a
manufacturing application and education center under this
section.
(d) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Small
Business Administration shall promulgate final regulations to
carry out this section.
(e) Termination of Authority.--The authority of the Small
Business Administration under this section shall terminate on
September 30, 1997.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to the Small Business Administration, such
sums as may be necessary to carry out this section.
SEC. 304. PILOT PROGRAM FOR VERY SMALL BUSINESS CONCERNS.
(a) Establishment.--The Administrator shall establish and
carry out a pilot program in accordance with the requirements
of this section to provide improved access to Federal
contract opportunities for very small business concerns.
(b) Procurement Contracts.--
(1) In general.--In carrying out subsection (a), the
Administrator shall identify procurement contracts of Federal
agencies for award under the program.
(2) Contract awards.--Under the program established
pursuant to this section, the award of a procurement contract
of a Federal agency identified by the Administration pursuant
to paragraph (1) shall be made by the agency to an eligible
program participant selected, and determined to be
responsible, by the agency.
(3) Competition.--All contract opportunities offered for
award under the program shall be awarded on the basis of
competition among eligible very small business concerns.
(c) Eligibility.--Only a very small business concern shall
be eligible to compete for a contract to be awarded under the
program. A contracting officer may rely in good faith on a
written certification that a small business concern is a very
small business concern.
(d) Delegation of Authority.--The authority of the
Administrator under subsections (b)(1) and (c) shall be
delegated to not less than 5 and not more than 10 districts
of the Administration to promote the award of contracts that
can be performed by very small business concerns.
(e) Financial Assistance.--In order to assist very small
business concerns receiving contract awards under the
program, the Administrator shall establish a preauthorization
program for such concerns for the purpose of receiving
financial assistance under section 7(a) of the Small Business
Act.
(f) Attainment of Contract Goals.--All contract awards made
under the program shall be counted toward the attainment of
the goals specified in section 15(g) of the Small Business
Act.
(g) Regulations.--The Administrator shall--
(1) issue proposed regulations to carry out this section
not later than 180 days after the date of enactment of this
Act; and
(2) issue final regulations to carry out this section not
later than 270 days after the date of enactment of this Act.
(h) Report to Congress.--Not later than April 30, 1997, the
Administrator shall transmit to the Congress a report on the
results of the program, together with such recommendations as
the Administrator deems appropriate.
(i) Program Term.--Implementation of the program shall
begin not later than August 30, 1995. The program authorized
by this section shall expire on September 30, 1998.
(j) Definitions.--For purposes of this section, the
following definitions shall apply:
(1) Administration.--The term ``Administration'' means the
Small Business Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Small Business Administration.
(3) Program.--The term ``program'' means a program
established pursuant to subsection (a).
(4) Very small business concern.--The term ``very small
business concern'' means a small business concern that--
[[Page 2319]]
(A) has not more than 15 employees; and
(B) has average annual receipts that total not more than
$1,000,000.
SEC. 305. HANDICAPPED WORKSHOP PARTICIPATION IN SMALL
BUSINESS SET ASIDE CONTRACTS.
Section 15(c) of the Small Business Act (15 U.S.C. 644(c))
is amended--
(1) by amending paragraph (2)(A) to read as follows:
``(2)(A) During fiscal year 1995, public or private
organizations for the handicapped shall be eligible to
participate in programs authorized under this section in an
aggregate amount not to exceed $40,000,000.''; and
(2) by adding at the end the following new paragraph:
``(7) Agencies awarding one or more contracts to such an
organization pursuant to the provisions of this subsection
may use multiyear contracts, if appropriate.''.
TITLE IV--BUSINESS DEVELOPMENT ASSISTANCE
Subtitle A--General Provisions
SEC. 401. SUNSET ON COSPONSORED TRAINING.
(a) In General.--
(1) Repeal.--The amendments made by section 5(a) of Small
Business Computer Security and Education Act of 1984 (15
U.S.C. 633 note) are hereby repealed.
(2) Effective date.--Paragraph (1) shall take effect on
September 30, 1997.
(b) Conforming Amendment.--Section 7(b) of the Small
Business Computer Security and Education Act of 1984 (15
U.S.C. 633 note) is amended in the second sentence by
striking ``and the amendments made to section 8(b)(1)(A) of
the Small Business Act by section 5(a)(2) of this Act are''
and inserting ``is''.
SEC. 402. SMALL BUSINESS DEVELOPMENT CENTER PROGRAM LEVEL.
Section 21(a)(4) of the Small Business Act (15 U.S.C.
648(a)(4)) is amended to read as follows:
``(4) Small business development center program level.--
``(A) In general.--The Administration shall require as a
condition of any grant (or amendment or modification thereof)
made to an applicant under this section, that a matching
amount (excluding any fees collected from recipients of such
assistance) equal to the amount of such grant be provided
from sources other than the Federal Government, to be
comprised of not less than 50 percent cash and not more than
50 percent of indirect costs and in-kind contributions.
``(B) Restriction.--The matching amount described in
subparagraph (A) shall not include any indirect costs or in-
kind contributions derived from any Federal program.
``(C) National program.--
``(i) In general.--Except as provided in clause (ii), no
State receiving funds under this section shall receive a
grant that exceeds--
``(I) for fiscal year 1995, the sum of such State's pro
rata share of a national program based upon the population of
the State as compared to the total population in the United
States, and $125,000; or
``(II) in each succeeding fiscal year, the sum of such
State's pro rata share of a national program based upon the
population of the State as compared to the total population
in the United States, and $200,000.
``(ii) Exception.--Grants provided to a small business
development center by the Administration or another agency to
carry out the provisions of subsection (c)(3)(G) shall not be
included in the calculation of maximum funding of a small
business development center.
``(iii) Amount.--The amount of the national program shall
be--
``(I) $70,000,000 through September 30, 1996;
``(II) $77,500,000 from October 1, 1996 through September
30, 1997; and
``(III) $85,000,000 beginning October 1, 1997.
The amount for which a small business development center is
eligible under this paragraph shall be based upon the amount
of the national program in effect as of the date for
commencement of performance of the small business development
center's grant.''.
SEC. 403. FEDERAL CONTRACTS WITH SMALL BUSINESS DEVELOPMENT
CENTERS.
Section 21(a)(5) of the Small Business Act (15 U.S.C.
648(a)(5)) is amended to read as follows:
``(5) Federal contracts with small business development
centers.--
``(A) In general.--Subject to the conditions set forth in
subparagraph (B), a small business development center may
enter into a contract with a Federal department or agency to
provide specific assistance to small business concerns.
``(B) Contract prerequisites.--Before bidding on a contract
described in subparagraph (A), a small business development
center shall receive approval from the Associate
Administrator of the small business development center
program of the subject and general scope of the contract.
Each approval under subparagraph (A) shall be based upon a
determination that the contract will provide assistance to
small business concerns and that performance of the contract
will not hinder the small business development center in
carrying out the terms of the grant received by the small
business development center from the Administration.
``(C) Exemption from matching requirement.--A contract
under this paragraph shall not be subject to the matching
funds or eligibility requirements of paragraph (4).
``(D) Additional provision.--Notwithstanding any other
provision of law, a contract for assistance under this
paragraph shall not be applied to any Federal department or
agency's small business, woman-owned business, or socially
and economically disadvantaged business contracting goal
under section 15(g).''.
SEC. 404. SMALL BUSINESS DEVELOPMENT CENTER PROGRAM
EXAMINATION AND CERTIFICATION.
Section 21(k) of the Small Business Act (15 U.S.C. 648(k))
is amended to read as follows:
``(k) Program Examination and Certification.--
``(1) Examination.--Not later than 180 days after the date
of enactment of this subsection, the Administration shall
develop and implement a biennial programmatic and financial
examination of each small business development center
established pursuant to this section.
``(2) Certification.--The Administration may provide
financial support, by contract or otherwise, to the
association authorized by subsection (a)(3)(A) for the
purpose of developing a small business development center
certification program.
``(3) Extension or renewal of cooperative agreements.--In
extending or renewing a cooperative agreement of a small
business development center, the Administration shall
consider the results of the examination and certification
program conducted pursuant to paragraphs (1) and (2).''.
SEC. 405. CENTRAL EUROPEAN SMALL BUSINESS DEVELOPMENT.
Section 25(i) of the Small Business Act (15 U.S.C. 652(i))
is amended by striking ``and $2,000,000 for each of fiscal
years 1993 and 1994'' and inserting ``, $2,000,000 for each
of fiscal years 1993 and 1994, and $1,000,000 for fiscal year
1995''.
SEC. 406. MOBILE RESOURCE CENTER PILOT PROGRAM.
(a) Establishment.--The Administrator of the Small Business
Administration may establish and carry out in each of fiscal
years 1995, 1996, and 1997 a mobile resource pilot program
(hereafter in this section referred to as the ``program'') in
accordance with the requirements of this section.
(b) Mobile Resource Center Vehicles.--Under the program,
the Administration may use mobile resource center vehicles to
provide technical assistance, information, and other services
available from the Small Business Administration to
traditionally underserved populations. Two of such vehicles
should be utilized in rural areas and 2 of such vehicles
should be utilized in urban areas.
(c) Report to Congress.--If the Administrator conducts the
program authorized in this section, the Administrator shall,
not later than December 31, 1996, transmit to the Congress a
report containing the results of such program, together with
recommendations for appropriate legislative and
administrative action.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $900,000 for
each of fiscal years 1995, 1996, and 1997, such sums to
remain available until expended. Of such sums--
(1) $800,000 may be made available for the purchase or
lease of mobile resource center vehicles and operating
expenses; and
(2) $100,000 may be made available for studies, startup
expenses, and other administrative expenses.
SEC. 407. INFORMATION CONCERNING FRANCHISING.
Section 8(b)(1)(A) of the Small Business Act (15 U.S.C.
637(b)(1)(A)) is amended by inserting ``including information
on the benefits and risks of franchising,'' after ``small-
business enterprises,''.
Subtitle B--Development of Woman-Owned Businesses
SEC. 411. EXTENSION OF AUTHORITY FOR DEMONSTRATION PROJECTS.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) by redesignating section 28 (as added by section 2 of
the Women's Business Development Act of 1991) as section 29;
and
(2) in section 29(g), as redesignated, by striking ``1995''
and inserting ``1997''.
SEC. 412. ESTABLISHMENT OF OFFICE OF WOMEN'S BUSINESS
OWNERSHIP.
Section 29 of the Small Business Act (15 U.S.C. 656), as
redesignated by section 411 of this Act, is amended by adding
at the end the following new subsection:
``(h) Office of Women's Business Ownership.--There is
hereby established within the Administration an Office of
Women's Business Ownership, which shall be responsible for
the administration of the Administration's programs for the
development of women's business enterprises, as such term is
defined in section 408 of the Women's Business Ownership Act
of 1988. The Office of Women's Business Ownership shall be
administered by an Assistant Administrator, who shall be
appointed by the Administrator.''.
SEC. 413. DEVELOPMENT OF WOMEN'S BUSINESS ENTERPRISE.
Title IV of the Women's Business Ownership Act of 1988 (15
U.S.C. 631 note) is amended to read as follows:
``TITLE IV--DEVELOPMENT OF WOMEN'S BUSINESS ENTERPRISE
``SEC. 401. ESTABLISHMENT OF THE INTERAGENCY COMMITTEE.
``There is established an interagency committee to be known
as the Interagency Committee on Women's Business Enterprise.
``SEC. 402. DUTIES OF THE INTERAGENCY COMMITTEE.
``(a) In General.--The Interagency Committee shall--
``(1) monitor, coordinate, and promote the plans, programs,
and operations of the de-
[[Page 2320]]
partments and agencies of the Federal Government that may
contribute to the establishment and growth of women's
business enterprise;
``(2) develop and promote new public sector initiatives,
policies, programs, and plans designed to foster women's
business enterprise;
``(3) review, monitor, and coordinate plans and programs,
developed in the public sector, which affect the ability of
women-owned businesses to obtain capital and credit;
``(4) promote and assist, as appropriate, in the
development of surveys of women-owned business; and
``(5) design a comprehensive plan for a joint public-
private sector effort to facilitate growth and development of
women's business enterprise, which plan shall, not later than
1 year after the effective date of the Small Business
Administration Reauthorization and Amendments Act of 1994, be
submitted to the President for review.
``(b) Meetings.--The Interagency Committee shall meet not
less than biannually at such times as the Interagency
Committee determines to be necessary to perform the duties
under subsection (a). A majority of the members of the
Committee shall constitute a quorum for the approval of
recommendations or reports issued pursuant to this section.
``(c) Interaction With Council.--In performing its duties
under subsection (a), the Interagency Committee shall consult
with the Council. The Interagency Committee may meet jointly
with the Council at the discretion of the chairperson of the
Interagency Committee and the chairperson of the Council, but
not less frequently than twice annually. The chairperson of
the Interagency Committee shall serve as chairperson of any
joint meetings of the Interagency Committee and the Council.
``SEC. 403. MEMBERSHIP OF THE INTERAGENCY COMMITTEE.
``(a) In General.--
``(1) Participants.--The Interagency Committee shall be
composed of 1 representative from each of the following:
``(A) The Department of Commerce.
``(B) The Department of Defense.
``(C) The Department of Health and Human Services.
``(D) The Department of Labor.
``(E) The Small Business Administration.
``(F) The Department of Transportation.
``(G) The Department of the Treasury.
``(H) The General Services Administration.
``(I) The Board of Governors of the Federal Reserve.
``(J) The Executive staff of the President engaged in
policymaking activities.
``(2) Appointments.--
``(A) In general.--Except as provided in subparagraph (B),
the head of each department and agency listed in paragraph
(1) shall, not later than 45 days after the date of enactment
of the Small Business Administration Reauthorization and
Amendments Act of 1994, designate a representative who shall
be a policymaking official within the department or agency.
``(B) Small business administration.--With respect to the
Small Business Administration, the representative shall be
the Assistant Administrator of the Office of Women's Business
Ownership, who also shall serve as the vice chairperson of
the Interagency Committee.
``(3) Other participation.--Other representatives of the
Federal Government not listed in paragraph (1) may
participate in the meetings and functions of the Interagency
Committee on a temporary basis as needed to carry out
specific Interagency Committee goals.
``(b) Appointment of Chairperson.--Not later than 45 days
after enactment of the Small Business Administration
Reauthorization and Amendments Act of 1994, the President, in
consultation with the Administrator of the Small Business
Administration, shall appoint 1 of the members of the
Interagency Committee to serve as chairperson.
``(c) Noncompensation.--The members of the Interagency
Committee shall serve without additional pay for such
membership.
``(d) Detail of Federal Employees.--Upon request by the
chairperson of the Interagency Committee, the head of any
Federal department or agency may detail any of the personnel
of such agency to assist the Interagency Committee in
carrying out its duties under this title without regard to
section 3341 of title 5, United States Code.
``SEC. 404. REPORTS FROM THE INTERAGENCY COMMITTEE.
``Not later than September 30, 1995, and annually
thereafter, the Interagency Committee shall transmit to the
President and to the Committees on Small Business of the
Senate and the House of Representatives, a report
containing--
``(1) any recommendations of the Council and any comments
of the Interagency Committee thereon;
``(2) a detailed description of the activities of the
Interagency Committee;
``(3) the findings and conclusions of the Interagency
Committee; and
``(4) the Interagency Committee's recommendations for such
legislation and administrative actions as the Interagency
Committee considers appropriate to promote the development of
small business concerns owned and controlled by women.
``SEC. 405. ESTABLISHMENT OF THE NATIONAL WOMEN'S BUSINESS
COUNCIL.
``There is established a council to be known as the
National Women's Business Council, which shall serve as an
independent source of advice and policy recommendations to
the Interagency Committee, to the Administrator through the
Assistant Administrator of the Office of Women's Business
Ownership, to the Congress, and to the President.
``SEC. 406. DUTIES OF THE COUNCIL.
``(a) In General.--The Council shall advise and consult
with the Interagency Committee on matters relating to the
activities, functions, and policies of the Interagency
Committee, as provided in this title. The Council shall meet
jointly with the Interagency Committee at the discretion of
the chairperson of the Council and the chairperson of the
Interagency Committee, but not less than biannually.
``(b) Meetings.--The Council shall meet separately at such
times as the Council deems necessary. A majority of the
members of the Council shall constitute a quorum for the
approval of recommendations or reports issued pursuant to
this section.
``(c) Recommendations.--The Council shall make annual
recommendations for consideration by the Interagency
Committee. The Council shall also provide reports and make
such other recommendations as it deems appropriate to the
Interagency Committee, to the President, to the
Administrator, and to the Committees on Small Business of the
Senate and the House of Representatives.
``(d) Other Duties.--The Council shall--
``(1) review, coordinate, and monitor plans and programs
developed in the public and private sectors, which affect the
ability of women-owned business enterprises to obtain capital
and credit;
``(2) promote and assist in the development of a women's
business census and other surveys of women-owned businesses;
``(3) monitor and promote the plans, programs, and
operations of the departments and agencies of the Federal
Government which may contribute to the establishment and
growth of women's business enterprise;
``(4) develop and promote new initiatives, policies,
programs, and plans designed to foster women's business
enterprise; and
``(5) advise and consult with the Interagency Committee in
the design of a comprehensive plan for a joint public-private
sector effort to facilitate growth and development of women's
business enterprise.
``SEC. 407. MEMBERSHIP OF THE COUNCIL.
``(a) Chairperson.--Not later than 45 days after the date
of enactment of the Small Business Administration
Reauthorization and Amendments Act of 1994, the President
shall appoint an individual to serve as chairperson of the
Council, in consultation with the Administrator. The
chairperson of the Council shall be a prominent business
woman who is qualified to head the Council by virtue of her
education, training, and experience.
``(b) Other Members.--Not later than 60 days after the date
of enactment of the Small Business Administration
Reauthorization and Amendments Act of 1994, the Administrator
shall appoint, in consultation with the Assistant
Administrator of the Office of Women's Business Ownership and
the chairperson of the Council appointed under subsection
(a), 9 members of the Council, of whom--
``(1) 2 shall be--
``(A) owners of small businesses, as such term is defined
in section 3 of the Small Business Act; and
``(B) members of the same political party as the President;
``(2) 2 shall--
``(A) be owners of small businesses, as such term is
defined in section 3 of the Small Business Act; and
``(B) not be members of the same political party as the
President; and
``(3) 5 shall be representatives of national women's
business organizations.
``(c) Diversity.--In appointing members of the Council, the
Administrator shall, to the extent possible, ensure that the
members appointed reflect geographic, racial, economic, and
sectoral diversity.
``(d) Service Term.--The term of service of the members of
the Council shall be 3 years.
``(e) Other Federal Service.--If any member of the Council
subsequently becomes an officer or employee of the Federal
Government or of the Congress, such individual may continue
as a member of the Council for not longer than the 30-day
period beginning on the date on which such individual becomes
such an officer or employee.
``(f) Vacancies.--A vacancy on the Council shall, not later
than 30 days after the date on which the vacancy occurs, be
filled in the same manner in which the original appointment
was made.
``(g) Reimbursements.--Members of the Council shall serve
without pay for such membership, except that members shall be
entitled to reimbursement for travel, subsistence, and other
necessary expenses incurred by them in carrying out the
functions of the Council, in the same manner as persons
serving on advisory boards pursuant to section 8(b) of the
Small Business Act.
``(h) Executive Director.--Not later than 60 days after the
date of enactment of the Small Business Administration
Reauthorization Act of 1994, the Administrator, in
consultation with the chairperson of the Council, shall
appoint an executive director of the Council. Upon the
recommendation by the executive director, the chairperson of
the Council may appoint and fix the pay of 4 additional
employees of the Council, at a rate of pay not to exceed the
maximum rate of pay payable for a position at GS-15 of the
General Schedule. All such appointments shall be subject to
the appropriation of funds.
[[Page 2321]]
``(i) Rates of Pay.--The executive director and staff of
the Council may be appointed without regard to the provisions
of title 5, United States Code, governing appointments in the
competitive service, and except as provided in subsection
(e), may be paid without regard to the provisions of chapter
51 and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that
the executive director may not receive pay in excess of the
annual rate of basic pay payable for a position at ES-3 of
the Senior Executive Pay Schedule under section 5832 of title
5, United States Code.
``SEC. 408. DEFINITIONS.
``For purposes of this title--
``(1) the term `Administration' means the Small Business
Administration;
``(2) the term `Administrator' means the Administrator of
the Small Business Administration;
``(3) the term `control' means exercising the power to make
policy decisions concerning a business;
``(4) the term `Council' means the National Women's
Business Council, established under section 405;
``(5) the term `Interagency Committee' means the
Interagency Committee on Women's Business Enterprise,
established under section 401;
``(6) the term `operate' means being actively involved in
the day-to-day management of a business;
``(7) the term `women's business enterprise' means--
``(A) a business or businesses owned by a woman or a group
of women; or
``(B) the establishment, maintenance, or development of a
business or businesses by a woman or a group of women; and
``(8) the term `women-owned business' means a small
business which a woman or a group of women--
``(A) control and operate; and
``(B) own not less than 51 percent of the business.
``SEC. 409. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for each of
fiscal years 1995 through 1997, to carry out this title,
$350,000.''.
SEC. 414. TRANSITION REIMBURSEMENT.
(a) In General.--Subject to the limitation contained in
subsection (b), in order to provide continuity in the
development of women-owned business, the Administration may
approve reasonable amounts made available to carry out title
IV of the Women's Business Ownership Act of 1988 to be used
to pay the salaries, if any, and expenses of the members and
staff of the National Women's Business Council that are
appointed on or before the date of enactment of this Act.
(b) Time Period.--No payments shall be made under
subsection (a) after the expiration of the 90-day period
beginning on the date of enactment of this Act.
SEC. 415. GIFT AUTHORITY.
Section 8(b)(1)(G) of the Small Business Act (15 U.S.C.
637(b)(1)(G)) is amended by striking ``section 8(b)(1) of
this Act'' and by inserting ``this Act and to carry out the
activities authorized by title IV of the Women's Business
Ownership Act of 1988''.
SEC. 416. CONFORMING AMENDMENT.
The table of contents for the Women's Business Ownership
Act of 1988 (15 U.S.C. 631 note) is amended by striking the
items relating to title IV and inserting the following:
``TITLE IV--DEVELOPMENT OF WOMEN'S BUSINESS ENTERPRISE
``Sec. 401. Establishment of the Interagency Committee.
``Sec. 402. Duties of the Interagency Committee.
``Sec. 403. Membership of the Interagency Committee.
``Sec. 404. Reports from the Interagency Committee.
``Sec. 405. Establishment of the National Women's Business Council.
``Sec. 406. Duties of the Council.
``Sec. 407. Membership of the Council.
``Sec. 408. Definitions.
``Sec. 409. Authorization of Appropriations.''.
TITLE V--RELIEF FROM DEBENTURE PREPAYMENT PENALTIES
SEC. 501. SHORT TITLE.
This title may be cited as the ``Small Business Prepayment
Penalty Relief Act of 1994''.
SEC. 502. INTENTION OF CONGRESS.
(a) In General.--The Small Business Administration shall
fully utilize the $30,000,000 appropriated in Public Law 103-
317 to reduce, in accordance with this title and the
amendments made by this title, prepayment penalties imposed
in connection with debentures issued under--
(1) section 303 or 503 of the Small Business Investment Act
of 1958, which have been purchased by the Federal Financing
Bank; and
(2) Title III to companies operating under section 301(d)
of such Act, which have been purchased by the Small Business
Administration.
(b) Equal Opportunity.--In order to provide an equal
opportunity to participate in the program authorized under
this title, the Small Business Administration shall afford
each borrower or issuer of a debenture subject to this title,
not less than 45 days to elect to participate and to provide
an earnest money deposit. The Administration shall
subsequently allow a period of not less than 4 months, during
which those borrowers or issuers that elect to participate
shall be allowed to complete the prepayment process.
(c) Restrictions on Participation.--In no event shall the
Small Business Administration--
(1) allow any borrower or issuer to participate in the
program if the borrower or issuer fails to--
(A) make a timely election and provide the deposit on a
timely basis; or
(B) complete the prepayment process within the required
time; or
(2) allow any borrower or issuer to participate in the
program at a percentage rate other than the rate finally
determined to be applicable to all other borrowers or issuers
with similar terms of years.
SEC. 503. PREPAYMENT OF DEVELOPMENT COMPANY DEBENTURES.
Title V of the Small Business Investment Act of 1958 (15
U.S.C. 695 et seq.), as amended by section 217, is amended by
adding at the end the following new section:
``SEC. 509. PREPAYMENT OF DEVELOPMENT COMPANY DEBENTURES.
``(a) In General.--
``(1) Prepayment authorized.--Subject to the requirements
set forth in subsection (b), an issuer of a debenture
purchased by the Federal Financing Bank and guaranteed by the
Administration under this Act may, at the election of the
borrower (in the case of a loan under section 503) or the
issuer (in the case of a small business investment company)
and with the approval of the Administration, prepay such
debenture in accordance with the provisions of this section.
A small business investment company operating under the
authority of section 301(d) that has issued a debenture that
was purchased by and is held by the Administration, may,
under the same terms and conditions, prepay such debenture,
and the penalty as provided in this section, and shall
thereafter be immediately eligible to apply for additional
assistance from the Administration.
``(2) Procedure.--
``(A) In general.--In making a prepayment under paragraph
(1)--
``(i) the borrower (in the case of a loan under section
503) or the issuer (in the case of a small business
investment company) shall pay to the Federal Financing Bank
an amount that is equal to the sum of the unpaid principal
balance due on the debenture as of the date of the prepayment
(plus accrued interest at the coupon rate on the debenture)
and the amount of the repurchase premium described in
subparagraph (B); and
``(ii) the Administration shall pay to the Federal
Financing Bank the difference between the repurchase premium
paid by the borrower under this subsection and the repurchase
premium that the Federal Financing Bank would otherwise have
received.
``(B) Repurchase premium.--
``(i) In general.--For purposes of subparagraph (A)(i), the
repurchase premium is the amount equal to the product of--
``(I) the unpaid principal balance due on the debenture on
the date of prepayment; and
``(II) the applicable percentage rate, as determined in
accordance clauses (ii) and (iii).
``(ii) Applicable percentage rate.--For purposes of clause
(i)(II), the applicable percentage rate means--
``(I) with respect to a 10-year term loan, 8.5 percent;
``(II) with respect to a 15-year term loan, 9.5 percent;
``(III) with respect to a 20-year term loan, 10.5 percent;
and
``(IV) with respect to a 25-year term loan, 11.5 percent.
``(iii) Adjustments to applicable percentage rate.--The
percentage rates described in clause (ii) shall be increased
or decreased by the Administration by a factor not to exceed
one-third, if the same factor is applied in each case and if
the Administration determines that an adjustment is
necessary, based on the number of borrowers having given
notice of their intent to participate, in order to make the
program (including the amounts appropriated for this purpose
under Public Law 103-317) result in no substantial net gain
or loss of revenue to the Federal Financing Bank or to the
Administration. Amounts collected in excess of the amount
necessary to ensure revenue neutrality shall be refunded to
the borrowers.
``(b) Requirements.--For purposes of subsection (a), the
requirements of this subsection are that--
``(1) the debenture is outstanding and neither the loan
that secures the debenture, if any, nor the debenture is in
default on the date on which the prepayment is made;
``(2) State, local, or personal funds, or the proceeds of a
refinancing in accordance with subsection (d) of this section
under the programs authorized by this title, are used to
prepay or roll over the debenture; and
``(3) with respect to a debenture issued under section 503,
the issuer certifies that the benefits, net of fees and
expenses authorized herein, associated with prepayment of the
debenture are entirely passed through to the borrower.
``(c) No Prepayment Fees or Penalties.--No fees or
penalties other than those specified in this section may be
imposed on the issuer, the borrower, the Administration, or
any fund or account administered by the Administration as the
result of a prepayment under this section.
``(d) Refinancing Limitations.--
``(1) In general.--The refinancing of a debenture under
sections 504 and 505, in accordance with subsection (b)(2)--
``(A) shall not exceed the amount necessary to prepay
existing debentures, including all costs associated with the
refinancing
[[Page 2322]]
and any applicable prepayment penalty or repurchase premium;
and
``(B) except as provided in paragraphs (2) and (3), shall
be subject to the provisions of sections 504 and 505 and the
rules and regulations promulgated thereunder, including rules
and regulations governing payment of authorized expenses,
commissions, fees, and discounts to brokers and dealers in
trust certificates issued pursuant to section 505.
``(2) Job creation.--An applicant for refinancing under
section 504 of a loan made pursuant to section 503 shall not
be required to demonstrate that a requisite number of jobs
will be created with the proceeds of a refinancing.
``(3) Loan processing fee.--To cover the cost of loan
packaging, processing, and other administrative functions, a
development company that provides refinancing under
subsection (b)(2) may impose a one-time loan processing fee,
not to exceed 0.5 percent of the principal amount of the
loan.
``(4) New debentures.--Issuers of debentures under title
III may issue new debentures in accordance with such title in
order to prepay existing debentures as authorized in this
section.
``(5) Preliminary notice.--
``(A) In general.--The Administration shall use certified
mail and other reasonable means to notify each eligible
borrower of the prepayment program provided in this title.
Each preliminary notice shall specify the range and dollar
amount of repurchase premiums which could be required of that
borrower in order to participate in the program. In carrying
out this program, the Administration shall provide a period
of not less than 45 days following the receipt of such notice
by the borrower during which the borrower must notify the
Administration of the borrower's intent to participate in the
program. The Administration shall require that a borrower who
gives notice of its intent to participate to make an earnest
money deposit of $1,000 which shall not be refundable but
which shall be credited toward the final repurchase premium.
``(B) Definition.--For purposes of this paragraph, the term
`borrower', in the case of a small business investment
company or a specialized small business investment company,
means `issuer'.
``(6) Final notice.--Based upon the response to the
preliminary notice under paragraph (5), the Administration
shall make a final computation of the necessary prepayment
premiums and shall notify each qualified respondent of the
results of such computation. Each qualified respondent shall
be afforded not less than 4 months to complete the
prepayment.
``(e) Definitions.--For purposes of this section--
``(1) the term `issuer' means--
``(A) the qualified State or local development company that
issued a debenture pursuant to section 503, which has been
purchased by the Federal Financing Bank; and
``(B) a small business investment company licensed pursuant
to subsection (c) or (d) of section 301; or
``(2) the term `borrower' means a small business concern
whose loan secures a debenture issued pursuant to section
503.
``(f) Regulations.--Not later than 30 days after the date
of enactment of this section, the Administration shall
promulgate such regulations as may be necessary to carry out
this section.
``(g) Authorization.--There are authorized to be
appropriated $30,000,000 to carry out the provisions of The
Small Business Prepayment Penalty Relief Act of 1994.
TITLE VI--MISCELLANEOUS AMENDMENTS
SEC. 601. SBA INTEREST PAYMENTS TO TREASURY.
Section 4(c)(5)(B)(ii) of the Small Business Act (15 U.S.C.
633(c)(5)(B)(ii)) is amended to read as follows:
``(ii) Following the close of each fiscal year, the
Administration shall pay into the miscellaneous receipts of
the United States Treasury the actual interest that the
Administration collects during that fiscal year on all
financings made under this Act.''.
SEC. 602. IMPOSITION OF FEES.
Section 5(b) of the Small Business Act (15 U.S.C. 634(b))
is amended--
(1) in paragraph (10), by striking ``and'' at the end;
(2) in paragraph (11), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(12) impose, retain, and use only those fees which are
specifically authorized by law or which are in effect on
September 30, 1994, and in the amounts and at the rates in
effect on such date, except that the Administrator may,
subject to approval in appropriations Acts, impose, retain,
and utilize, additional fees--
``(A) not to exceed $100 for each loan servicing action
(other than a loan assumption) requested after disbursement
of the loan, including any substitution of collateral,
release or substitution of a guarantor, reamortization, or
similar action;
``(B) not to exceed $300 for loan assumptions;
``(C) not to exceed 1 percent of the amount of requested
financings under title III of the Small Business Investment
Act of 1958 for which the applicant requests a commitment
from the Administration for funding during the following
year; and
``(D) to recover the direct, incremental cost involved in
the production and dissemination of compilations of
information produced by the Administration under the
authority of this Act and the Small Business Investment Act
of 1958; and
``(13) collect, retain and utilize, subject to approval in
appropriations Acts, any amounts collected by fiscal transfer
agents and not used by such agent as payment of the cost of
loan pooling or debenture servicing operations, except that
amounts collected under this paragraph and paragraph (12)
shall be utilized solely to facilitate the administration of
the program that generated the excess amounts.''.
SEC. 603. JOB CREATION AND COMMUNITY BENEFIT.
Section 7(a)(21) of the Small Business Act (15 U.S.C.
636(a)(21)) is amended by adding at the end the following new
subparagraph:
``(E) Job creation and community benefit.--In providing
assistance under this paragraph, the Administration shall
develop procedures to ensure, to the maximum extent
practicable, that such assistance is used for projects that--
``(i) have the greatest potential for--
``(I) creating new jobs for individuals whose employment is
involuntarily terminated due to reductions in Federal defense
expenditures; or
``(II) preventing the loss of jobs by employees of small
business concerns described in subparagraph (A)(i); and
``(ii) have substantial potential for stimulating new
economic activity in communities most affected by reductions
in Federal defense expenditures.''.
SEC. 604. MICROLOAN PROGRAM AMENDMENTS.
Section 7(m)(9)(B) of the Small Business Act (15 U.S.C.
636(m)(9)(B)) is amended--
(1) by inserting ``and loan guarantees'' after ``for
loans''; and
(2) by inserting after ``experienced microlending
organizations'' the following: ``and national and regional
nonprofit organizations that have demonstrated experience in
providing training support for microenterprise development
and financing.''.
SEC. 605. TECHNICAL CLARIFICATION.
(a) Defense Conversion.--Section 7(a)(21)(A) of the Small
Business Act (15 U.S.C. 636(a)(21)(A)) is amended by striking
``under the'' and inserting ``on a guaranteed basis under
the''.
(b) Additional Technical Clarification.--Section 204 of
Public Law 94-305 (15 U.S.C. 634d) is amended by striking
``section 202'' and inserting ``this title''.
SEC. 606. STUDY AND DATA BASE: GUARANTEED BUSINESS LOAN
PROGRAM AND DEVELOPMENT COMPANY PROGRAM.
(a) Study Authorized.--The Administration shall conduct a
study of--
(1) the Guaranteed Business Loan program under section 7(a)
of the Small Business Act; and
(2) the Development Company program under sections 502,
503, and 504 of the Small Business Investment Act of 1958.
(b) Evaluation.--For purposes of the study conducted under
subsection (a), the Administration shall evaluate the
performance of the programs described in paragraphs (1) and
(2) of subsection (a), using data from the most recent 4-year
period. Such evaluation shall focus on the following factors:
(1) The number, dollar amount, and average size of the
loans or financings under each program.
(2) The number, dollar amount, and average size of the
loans or financings made to woman-owned and minority-owned
businesses under each program.
(3) The geographic distribution of the loans or financings
under each program.
(4) The jobs created or maintained attributable to the
loans or financings under each program.
(5) The number, dollar amount, and average size of the
loans or financings on which borrowers defaulted under each
program.
(6) The amounts recovered by the Administration after
default, foreclosure, or otherwise under each program.
(7) The number of companies which are no longer in business
despite receiving the loans or financings under each program.
(8) The taxes paid by businesses which received the loans
or financings under each program.
(9) Such other information as the Administration determines
to be appropriate for a complete evaluation of each program.
(c) Contracting With Independent Entities.--In carrying out
subsections (a) and (b), the Administration may contract with
an independent entity or entities--
(1) to conduct the study pursuant to subsection (a); and
(2) to develop a database of information to enable the
Administration to maintain and access, on an ongoing basis,
current information relating to the factors set forth in
subsection (b).
(d) Date.--The study authorized by subsection (a) shall be
completed not later than September 30, 1995.
SEC. 607. SBIR VENDORS.
Section 9(q)(2) of the Small Business Act (15 U.S.C.
638(q)(2)) is amended to read as follows:
``(2) Vendor selection.--Each agency may select a vendor to
assist small business concerns to meet the goals listed in
paragraph (1) for a term not to exceed 3 years. Such
selection shall be competitive and shall utilize merit-based
criteria.''.
SEC. 608. PROGRAM EXTENSION.
Section 602(e) of the Business Opportunity Development
Reform Act of 1988 (15 U.S.C.
[[Page 2323]]
637 note) is amended by striking ``September 30, 1994'', and
inserting ``September 30, 1997''.
SEC. 609. PROHIBITION ON THE USE OF FUNDS FOR INDIVIDUALS NOT
LAWFULLY WITHIN THE UNITED STATES.
Section 2 of the Small Business Act (15 U.S.C. 631) is
amended by adding at the end the following new subsection:
``(i) Prohibition on the Use of Funds for Individuals Not
Lawfully Within the United States.--None of the funds made
available pursuant to this Act may be used to provide any
direct benefit or assistance to any individual in the United
States if the Administrator or the official to which the
funds are made available receives notification that the
individual is not lawfully within the United States.''.
SEC. 610. OFFICE OF ADVOCACY EMPLOYEES.
Section 204 of Public Law 94-305 (15 U.S.C. 634d) is
amended--
(1) in the matter preceding paragraph (1), by striking
``after consultation with and subject to the approval of the
Administrator,''; and
(2) in paragraph (1), by striking ``ten'' and inserting
``14''.
SEC. 611. PROHIBITION ON THE PROVISION OF ASSISTANCE.
Section 4 of the Small Business Act (15 U.S.C. 633) is
amended by adding at the end the following new subsection:
``(e) Prohibition on the Provision of Assistance.--
Notwithstanding any other provision of law, the
Administration is prohibited from providing any financial or
other assistance to any business concern or other person
engaged in the production or distribution of any product or
service that has been determined to be obscene by a court of
competent jurisdiction.''.
SEC. 612. CERTIFICATION OF COMPLIANCE WITH CHILD SUPPORT
OBLIGATIONS.
Section 4 of the Small Business Act (15 U.S.C. 633), as
amended by section 611, is amended by adding at the end the
following new subsection:
``(f) Certification of Compliance With Child Support
Obligations.--
``(1) In general.--For financial assistance approved after
the promulgation of final regulations to implement this
section, each recipient of financial assistance under this
Act, including a recipient of a direct loan or a loan
guarantee, shall certify that the recipient is not more than
60 days delinquent under the terms of any--
``(A) administrative order;
``(B) court order; or
``(C) repayment agreement entered into between the
recipient and the custodial parent or State agency providing
child support enforcement services,
that requires the recipient to pay child support, as such
term is defined in section 462(b) of the Social Security Act.
``(2) Enforcement.--Not later than 6 months after the date
of enactment of this subsection, the Administration shall
promulgate such regulations as may be necessary to enforce
compliance with the requirements of this subsection.''.
SEC. 613. ADVOCACY STUDY OF PAPERWORK AND TAX IMPACT.
The Chief Counsel for Advocacy of the Small Business
Administration shall conduct a study of the impact of all
Federal regulatory, paperwork, and tax requirements upon
small business, and report its findings to the Congress not
later than 1 year after the date of enactment of this Act.
And the House agree to the same.
That the House recede from its amendment to the title of
the bill, and agree to the same.
John J. LaFalce,
Neal Smith,
Ron Wyden,
Jan Meyers,
Richard H. Baker,
Managers on the part of the House.
Dale Bumpers,
Sam Nunn,
Larry Pressler,
Managers on the part of the Senate.
When said conference report was considered.
After debate,
By unanimous consent, the previous question was ordered on the
conference report to its adoption or rejection and, under the operation
thereof, the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 119.55 claude harris, jr. building
Mr. MONTGOMERY, by unanimous consent, called up for consideration the
bill (H.R. 4948) to designate Building Number 137 of the Tuscaloosa
Veterans' Medical Center in Tuscaloosa, Alabama, as the ``Claude Harris,
Jr. Building''.
When said bill was considered and read twice.
The bill was ordered to be engrossed and read a third time, was read a
third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 119.56 submission of conference report--s. 21
Mr. MILLER of California submitted a conference report (Rept. No. 103-
832) on the bill of the Senate (S. 21) to designate certain lands in the
California Desert as wilderness, to establish Death Valley, Joshua Tree,
and Mojave National Parks, and for other purposes; together with a
statement thereon, for printing in the Record under the rule.
Para. 119.57 food stamp technical corrections
On motion of Mr. de la GARZA, by unanimous consent, the Committee on
Agriculture was discharged from further consideration of the bill (H.R.
5156) technical correction to the Food Stamp Act of 1977.
When said bill was considered, read twice, ordered to be engrossed and
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 119.58 land conveyance to rolla, missouri
On motion of Mr. de la GARZA, by unanimous consent, the Committee on
Agriculture was discharged from further consideration of the bill (H.R.
3426) to authoriza the Secretary of Agriculture to convey lands to the
City of Rolla, Missouri.
When said bill was considered and read twice.
Mr. de la GARZA submitted the following amendment in the nature of a
substitute which was agreed to:
Strike all after the enacting clause and insert:
SECTION 1. LAND CONVEYANCE, ROLLA RANGER DISTRICT
ADMINISTRATIVE SITE, ROLLA, MISSOURI.
(a) Conveyance Authorized.--Subject to the terms and
conditions specified in this section, the Secretary of
Agriculture may sell to the City of Rolla, Missouri (in this
section referred to as the ``City), all right, title, and
interest of the United States in and to the following:
The property identified as the Rolla Ranger District
Administrative Site of the Forest Service located in Rolla,
Phelps County, Missouri, encompassing 10 acres more or less,
the conveyance of which by C. D. and Oma A. Hazlewood to the
United States was recorded on May 6, 1936, in book 104, page
286 of the Record of Deeds of Phelps County, Missouri.
(b) Consideration.--As consideration for the conveyance
under subsection (a), the City shall pay to the Secretary an
amount equal to the fair market value of the property, as
determined by an appraisal (acceptable to the Secretary)
prepared in accordance with the Uniform Appraisal Standards
for Federal Land Acquisition, as published by the Department
of Justice. Payment shall be due in full within 6 months
after the date the conveyance is made or, at the option of
the City, in 20 equal annual installments commencing on
January 1 of the first year following the conveyance and
annually thereafter until the total amount due has been paid.
(c) Deposit of Funds Received.--Funds received by the
Secretary under subsection (b) as consideration for the
conveyance shall be deposited into the special fund in the
Treasury authorized by the Act of December 4, 1967 (16 U.S.C.
484a, commonly known as the Sisk Act). Such funds shall be
available, subject to appropriation, until expended by the
Secretary.
(d) Release.--Subject to compliance with all Federal
environmental laws prior to transfer, the City, upon
conveyance of the property under subsection (a), shall agree
in writing to hold the United States harmless from any and
all claims relating to the property, including all claims
resulting from hazardous materials on the conveyed lands.
(e) Reversion.--The conveyance under subsection (a) shall
be made by quitclaim deed in fee simple subject to reversion
to the United States and right of re-entry upon such
conditions as may be prescribed by the Secretary in the deed
of conveyance or in the event the City fails to comply with
the compensation requirements specified in subsection (b).
(f) Conservation of Historic Resources.--In consultation
with the State Historic Preservation Office of the State of
Missouri, the Secretary shall ensure that the historic
resources on the property to be conveyed are conserved by
requiring, at the closing on the conveyance of the property,
that the City convey an historic preservation easement to the
State of Missouri assuring the right of the State to enter
the property for historic preservation purposes. The historic
preservation easement shall be negotiated between the State
of Missouri and the City, and the conveyance of the easement
shall be a condition to the conveyance authorized under
subsection (a). The protection of the historic resources on
the conveyed property shall be
[[Page 2324]]
the responsibility of the State of Missouri and the City, and
not the Secretary.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill, as amended, was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 119.59 water bank act
On motion of Mr. de la GARZA, by unanimous consent, the Committee on
Agriculture was discharged from further consideration of the bill (H.R.
5053) to expand eligibility for the wetlands reserve program to lands
covered by expiring agreements under the Water Bank Act.
When said bill was considered and read twice.
Mr. de la GARZA submitted the following amendment in the nature of a
substitute which was agreed to:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Bank Extension Act of
1994''.
SEC. 2. SPECIAL AUTHORITY TO EXTEND WATER BANK ACT
AGREEMENTS.
(a) Subject to subsection (b), any agreement entered into
under the Water Bank Act (16 U.S.C. 1301 et seq.) and due to
expire on December 31, 1994, may be extended for 1 year under
section 6 of the Water Bank Act (16 U.S.C. 1305).
(b) The authority to extend Water Bank Act agreements under
this Act may only be exercised to the extent that the amount
available for obligation under the Wetlands Reserve Program
(16 U.S.C. 1637 et seq.), and the amount used for the
extension of Water Bank Act agreements under subsection (a),
does not exceed $93,200,000 as provided for the Wetlands
Reserve Program under the Agricultural, Rural Development,
Food and Drug Administration, and Related Agencies
Appropriations Act, 1995.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title, and passed.
By unanimous consent, the title was amended so as to read: ``A bill to
authorize the Secretary of Agriculture to extend for one year Water Bank
Act agreements that are due to expire on December 31, 1994.''.
A motion to reconsider the votes whereby the bill, as amended, was
passed and the title was amended was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 119.60 codify without substantive change
Mr. BROOKS moved to suspend the rules and pass the bill (H.R. 4778) to
codify without substantive change recent laws related to transportation
and to improve the United States Code; as amended.
The SPEAKER pro tempore, Mr. POSHARD, recognized Mr. BROOKS and Mr.
FISH, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. POSHARD, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 119.61 bankruptcy reform
Mr. BROOKS moved to suspend the rules and pass the bill (H.R. 5116) to
amend title 11 of the United States Code; as amended.
The SPEAKER pro tempore, Mr. POSHARD, recognized Mr. BROOKS and Mr.
FISH, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. POSHARD, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. GEKAS objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. POSHARD, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Wednesday, October 5, 1994, pursuant to the prior announcement of the
Chair.
The point of no quorum was considered as withdrawn.
Para. 119.62 hour of meeting
On motion of Mr. FRANK, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at
9:30 a.m. on Wednesday, October 5, 1994.
Para. 119.63 telecommunications wiretap access
Mr. BROOKS moved to suspend the rules and pass the bill (H.R. 4922) to
amend title 18, United States Code, to make clear a telecommunications
carrier's duty to cooperate in the interception of communications for
law enforcement purposes, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. POSHARD, recognized Mr. BROOKS and Mr.
HYDE, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. POSHARD, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. WALKER objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. POSHARD, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Wednesday, October 5, 1993, pursuant to the prior announcement of the
Chair.
The point of no quorum was considered as withdrawn.
Para. 119.64 aleutian and pribilof of restitution
Mr. BROOKS moved to suspend the rules and pass the bill of the Senate
(S. 1457) to amend the Aleutian and Privilof Restitution Act to increase
authorization for appropriation to compensate Aleut villages for church
property lost, damaged, or destroyed during World War II; as amended.
The SPEAKER pro tempore, Mr. POSHARD, recognized Mr. BROOKS and Mr.
GEKAS, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. POSHARD, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. WALKER objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. POSHARD, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Wednesday, October 5, 1993, pursuant to the prior announcement of the
Chair.
Para. 119.65 full faith and credit for child support orders
Mr. BROOKS moved to suspend the rules and pass the bill of the Senate
(S. 922) to provide that a State court may not modify an order of
another State court requiring the payment of child support unless the
recipient of child support payments resides in the State in which the
modification is sought or consents to the seeking of the modification in
that court.
The SPEAKER pro tempore, Mr. POSHARD, recognized Mr. BROOKS and Mr.
GEKAS, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. POSHARD, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. WALKER objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. POSHARD, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Wednesday, October 5, 1994, pursuant to the prior announcement of the
Chair.
The point of no quorum was considered as withdrawn.
Para. 119.66 defense department child support enforcement
Mr. SKELTON moved to suspend the rules and pass the bill (H.R. 5140)
to provide for improved procedures for the enforcement of child support
obligations of members of the Armed Forces.
[[Page 2325]]
The SPEAKER pro tempore, Mr. POSHARD, recognized Mr. SKELTON and Mr.
GEKAS, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. POSHARD, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. WALKER objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. POSHARD, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Wednesday, October 5, 1994, pursuant to the prior announcement of the
Chair.
The point of no quorum was considered as withdrawn.
Para. 119.67 national maritime heritage program
Mrs. UNSOELD moved to suspend the rules and pass the bill (H.R. 3059)
to establish a National Maritime Heritage Program to make grants
available for educational programs and the restoration of America's
cultural resources for the purpose of preserving America's endangered
maritime heritage; as amended.
The SPEAKER pro tempore, Mr. POSHARD, recognized Mrs. UNSOELD and Mr.
FIELDS of Texas, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. POSHARD, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. WALKER objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. POSHARD, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Wednesday, October 5, 1994, pursuant to the prior announcement of the
Chair.
The point of no quorum was considered as withdrawn.
Para. 119.68 reemployment of separated post office employees
Mr. CLAY moved to suspend the rules and pass the bill (H.R. 5139) to
amend title 39, United States Code, to provide for procedures under
which persons involuntarily separated by the United States Postal
Service as a result of having been improperly arrested by the Postal
Inspection Service on narcotics charges may seek reemployment.
The SPEAKER pro tempore, Mr. POSHARD, recognized Mr. CLAY and Mr.
YOUNG of Alaska, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. POSHARD, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. WALKER demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. POSHARD, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Wednesday, October 5, 1994, pursuant to the prior announcement of the
Chair.
Para. 119.69 native american veterans' memorial
Mr. CLAY moved to suspend the rules and pass the bill (H.R. 2135) to
provide for a National Native American Veterans' Memorial; as amended.
The SPEAKER pro tempore, Mr. POSHARD, recognized Mr. CLAY and Mr.
BARRETT of Nebraska, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. POSHARD, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. WALKER objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. POSHARD, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Wednesday, October 5, 1994, pursuant to the prior announcement of the
Chair.
The point of no quorum was considered as withdrawn.
Para. 119.70 indian lands open dump cleanup
Mr. GEJDENSON moved to suspend the rules and pass the bill of the
Senate (S. 720) to clean up open dumps on Indian lands, and for other
purposes; as amended.
The SPEAKER pro tempore, Mr. POSHARD, recognized Mr. GEJDENSON and Mr.
THOMAS of Wyoming, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. POSHARD, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. WALKER objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. POSHARD, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Wednesday, October 5, 1994, pursuant to the prior announcement of the
Chair.
The point of no quorum was considered as withdrawn.
Para. 119.71 submission of conference report--h.r. 4950
Mr. GEJDENSON submitted a conference report (Rept. No. 103-834) on the
bill (H.R. 4950) to extend the authorities of Overseas Private
Investment Corporation, and for other purposes; together with a
statement thereon, for printing in the Record under the rule.
Para. 119.72 mohehan nation of connecticut land claims
Mr. GEJDENSON moved to suspend the rules and agree to the following
amendment of the Senate to the bill (H.R. 4653) to settle certain Indian
land claims within the State of Connecticut, and for other purposes:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mohegan Nation of
Connecticut Land Claims Settlement Act of 1994''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Mohegan Tribe of Indians of Connecticut received
recognition by the United States pursuant to the
administrative process under part 83 of title 25 of the Code
of Federal Regulations.
(2) The Mohegan Tribe of Indians of Connecticut is the
successor in interest to the aboriginal entity known as the
Mohegan Indian Tribe.
(3) The Mohegan Tribe has existed in the geographic area
that is currently the State of Connecticut for a long period
preceding the colonial period of the history of the United
States.
(4) Certain lands were sequestered as tribal lands by the
Colony of Connecticut and subsequently by the State of
Connecticut.
(5) The Mohegan Tribe of Indians of Connecticut v. State of
Connecticut, et al. (Civil Action No. H-77-434, pending
before the United States District Court for the Southern
District of Connecticut) relates to the ownership of certain
lands within the State of Connecticut.
(6) Such action will likely result in economic hardships
for residents of the State of Connecticut, including
residents of the town of Montville, Connecticut, by
encumbering the title to lands in the State, including lands
that are not currently the subject of the action.
(7) The State of Connecticut and the Mohegan Tribe have
executed agreements for the purposes of resolving all
disputes between the State of Connecticut and the Mohegan
Tribe and providing a settlement for the action referred to
in paragraph (5).
(8) In order to implement the agreements referred to in
paragraphs (5) and (6) of section 3 that address matters of
jurisdiction with respect to certain offenses committed by
and against members of the Mohegan Tribe and other Indians in
Indian country and matters of gaming-related development, it
is necessary for the Congress to enact legislation.
(9) The town of Montville, Connecticut, will--
(A) be affected by the loss of a tax base from, and
jurisdiction over, lands that will be held in trust by the
United States on behalf of the Mohegan Tribe; and
(B) serve as the host community for the gaming operations
of the Mohegan Tribe.
(10) The town of Montville and the Mohegan Tribe have
entered into an agreement to resolve issues extant between
them and to establish the basis for a cooperative government-
to-government relationship.
(b) Purposes.--The purposes of this Act are as follows:
[[Page 2326]]
(1) To facilitate the settlement of claims against the
State of Connecticut by the Mohegan Tribe.
(2) To facilitate the removal of any encumbrance to any
title to land in the State of Connecticut that would have
resulted from the action referred to in subsection (a).
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Lands or natural resources.--The term ``lands or
natural resources'' means any real property or natural
resources, or any interest in or right involving any real
property or natural resources, including any right or
interest in minerals, timber, or water, and any hunting or
fishing rights.
(2) Mohegan tribe.--The term ``Mohegan Tribe'' means the
Mohegan Tribe of Indians of Connecticut, a tribe of American
Indians recognized by the United States pursuant to part 83
of title 25, Code of Federal Regulations, and the State of
Connecticut pursuant to section 47-59a(b) of the Connecticut
General Statutes.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of
Connecticut.
(5) State agreement.--The term ``State Agreement'' means
the Agreement between the Mohegan Tribe and the State of
Connecticut, executed on May 17, 1994, by the Governor of the
State of Connecticut and the Chief of the Mohegan Tribe, that
was filed with the Secretary of State of the State of
Connecticut.
(6) Town agreement.--The term ``Town Agreement'' means the
agreement executed on June 16, 1994, by the Mayor of the town
of Montville and the Chief of the Mohegan Tribe.
(7) Transfer.--The term ``transfer'' includes any sale,
grant, lease, allotment, partition, or conveyance, any
transaction the purpose of which is to effect a sale, grant,
lease, allotment, partition, or conveyance, or any event that
results in a change of possession or control of land or
natural resources.
SEC. 4. ACTION BY SECRETARY.
(a) In General.--The Secretary is authorized to carry out
the duties specified in subsection (b) at such time as the
Secretary makes a determination that--
(1) in accordance with the Indian Gaming Regulatory Act (25
U.S.C. 2701 et seq.), the State of Connecticut has entered
into a binding compact with the Mohegan Tribe providing for
class III tribal gaming operations (as defined in section
4(8) of such Act (25 U.S.C. 2703(8)));
(2) the compact has been approved by the Secretary pursuant
to section 11(d)(8) of such Act (25 U.S.C. 2710(d)(8)); and
(3) pursuant to transfers carried out pursuant to the State
Agreement, the United States holds title to lands described
in exhibit B of the State Agreement in trust for the Mohegan
Tribe to be used as the initial Indian reservation of the
Mohegan Tribe.
(b) Publication by Secretary.--If the Secretary makes a
determination under subsection (a) that the conditions
specified in paragraphs (1) through (3) of that subsection
have been met, the Secretary shall publish the determination,
together with the State Agreement, in the Federal Register.
(c) Effect of Publication.--
(1) In general.--Upon the publication of the determination
and the State Agreement in the Federal Register pursuant to
subsection (b), a transfer, waiver, release, relinquishment,
or other commitment made by the Mohegan Tribe in accordance
with the terms and conditions of the State Agreement shall be
in full force and effect.
(2) Approval by the united states.--(A) The United States
hereby approves any transfer, waiver, release,
relinquishment, or other commitment carried out pursuant to
paragraph (1).
(B) A transfer made pursuant to paragraph (1) shall be
deemed to have been made in accordance with all provisions of
Federal law that specifically apply to transfers of lands or
natural resources from, by, or on behalf of an Indian, Indian
nation, or tribe of Indians (including the Act popularly
known as the ``Trade and Intercourse Act of 1790''; section 4
of the Act of July 22, 1790 (1 Stat. 137, chapter 33)). The
approval of the United States made pursuant to subparagraph
(A) shall apply to the transfer beginning on the date of the
transfer.
(d) Extinguishment of Claims.--
(1) In general.--Subject to subsections (f)(2) and (g), the
following claims are hereby extinguished:
(A) Any claim to land within the State of Connecticut based
upon aboriginal title by the Mohegan Tribe.
(B) Any other claim that the Mohegan Tribe may have with
respect to any public or private lands or natural resources
in Connecticut, including any claim or right based on
recognized title, including--
(i) any claim that the Mohegan Tribe may have to the tribal
sequestered lands bounded out to the Tribe in 1684,
consisting of some 20,480 acres lying between the Thames
River, New London bounds, Norwich bounds, and Colchester
bounds;
(ii) any claim that the Mohegan Tribe may have based on a
survey conducted under the authority of the Connecticut
General Assembly in 1736 of lands reserved and sequestered by
the General Assembly for the sole use and improvement of the
Mohegan Indian Tribe; and
(iii) any claim that the Mohegan Tribe may have based on
any action by the State carried out in 1860 or 1861 or
otherwise made by the State to allot, reallot, or confirm any
lands of the Mohegan Tribe to individual Indians or other
persons.
(2) Approval by the united states.--An extinguishment made
pursuant to this subsection shall be deemed to have been made
in accordance with all provisions of Federal law that
specifically apply to transfers of lands or natural resources
from, by, or on behalf of an Indian, Indian nation, or tribe
of Indians (including the Act popularly known as the ``Trade
and Intercourse Act of 1790''; section 4 of the Act of July
22, 1790 (1 Stat. 137, chapter 33)).
(e) Transfers.--Subject to subsection (g), any transfer of
lands or natural resources located within the State of
Connecticut, including any such transfer made pursuant to any
applicable Federal or State law (including any applicable
treaty), made by, from, or on behalf of the Mohegan Tribe or
any predecessor or successor in interest of the Mohegan Tribe
shall be deemed to be in full force and effect, as provided
in subsection (c)(1).
(f) Limitation.--
(1) In general.--Except as provided in paragraph (2) and
subject to subsection (g), by virtue of the approval by the
United States under this section of a transfer of land or the
extinguishment of aboriginal title, any claim by the Mohegan
Tribe against the United States, any State or political
subdivision of a State, or any other person or entity, by the
Mohegan Tribe, that--
(A) arises after the transfer or extinguishment is carried
out; and
(B) is based on any interest in or right involving any
claim to lands or natural resources described in this
section, including claims for trespass damages or claims for
use and occupancy,
shall, beginning on the date of the transfer of land or the
extinguishment of aboriginal title, be considered an
extinguished claim.
(2) Exception.--The limitation under paragraph (1) shall
not apply to any interest in lands or natural resources that
is lawfully acquired by the Mohegan Tribe or a member of the
Mohegan Tribe after the applicable date specified in
paragraph (1).
(g) Statutory Construction.--
(1) Aboriginal interests.--Nothing in this section may be
construed to extinguish any aboriginal right, title,
interest, or claim to lands or natural resources, to the
extent that such right, title, interest, or claim is an
excepted interest, as defined under section 1(a) of the State
Agreement.
(2) Personal claims.--Nothing in this section may be
construed to offset or eliminate the personal claim of any
individual Indian if the individual Indian pursues such claim
under any law of general applicability.
SEC. 5. CONVEYANCE OF LANDS TO THE UNITED STATES TO BE HELD
IN TRUST FOR THE MOHEGAN TRIBE.
(a) In General.--Subject to the environmental requirements
that apply to land acquisitions covered under part 151 of
title 25, Code of Federal Regulations (or any subsequent
similar regulation), the Secretary shall take such action as
may be necessary to facilitate the conveyance to the United
States of title to lands described in exhibits A and B of the
State Agreement. Such lands shall be held by the United
States in trust for the use and benefit of the Mohegan Tribe
as the initial Indian reservation of the Mohegan Tribe.
(b) Consultation.--
(1) In general.--The Secretary shall consult with the
appropriate official of the town of Montville concerning any
tract of land subject to exhibit B of the State Agreement but
not specifically identified in such exhibit with respect to
the impact on the town resulting from--
(A) the removal of the land from taxation by the town;
(B) problems concerning the determination of jurisdiction;
and
(C) potential land use conflicts.
(2) Statutory construction.--Nothing in this Act may affect
the right of the town of Montville to participate, under any
applicable law, in decisionmaking processes concerning the
acquisition of any lands by the Federal Government to be held
in trust for the Mohegan Tribe.
SEC. 6. CONSENT OF UNITED STATES TO STATE ASSUMPTION OF
CRIMINAL JURISDICTION.
(a) In General.--Subject to subsection (b), the consent of
the United States is hereby given to the assumption of
jurisdiction by the State of Connecticut over criminal
offenses committed by or against Indians on the reservation
of the Mohegan Tribe. The State shall have such jurisdiction
to the same extent as the State has jurisdiction over such
offenses committed elsewhere within the State. The criminal
laws of the State shall have the same force within such
reservation and Indian country as such laws have elsewhere
within the State.
(b) Statutory Construction.--
(1) Effect on concurrent jurisdiction of the mohegan
tribe.--The assumption of criminal jurisdiction by the State
pursuant to subsection (a) shall not affect the concurrent
jurisdiction of the Mohegan Tribe over matters concerning
such criminal offenses.
(2) Statutory construction.--The assumption of criminal
jurisdiction by the State pursuant to subsection (a) shall
not be construed as a waiver of the jurisdiction of the
United States under section 1153 of title 18, United States
Code.
SEC. 7. RATIFICATION OF TOWN AGREEMENT.
(a) In General.--Notwithstanding any other provision of
law, the consent of the United States is hereby given to the
Town
[[Page 2327]]
Agreement and the Town Agreement shall be in full force and
effect.
(b) Approval of Town Agreement.--The Secretary shall
approve any subsequent amendments made to the Town Agreement
after the date of enactment of this Act that are--
(1) mutually agreed on by the parties to the Town
Agreement; and
(2) consistent with applicable law.
SEC. 8. GENERAL DISCHARGE AND RELEASE OF OBLIGATIONS OF STATE
OF CONNECTICUT.
Except as expressly provided in this Act, the State
Agreement, or the Town Agreement, this Act shall constitute a
general discharge and release of all obligations of the State
of Connecticut and the political subdivisions, agencies,
departments, officers, or employees of the State of
Connecticut arising from any treaty or agreement with, or on
behalf of, the Mohegan Tribe or the United States as trustee
for the Mohegan Tribe.
SEC. 9. EFFECT OF REVOCATION OF STATE AGREEMENT.
(a) In General.--If, during the 15-year period beginning on
the date on which the Secretary publishes a determination
pursuant to section 4(b), the State Agreement is invalidated
by a court of competent jurisdiction, or if the gaming
compact described in section 4(a)(1) or any agreement between
the State of Connecticut and the Mohegan Tribe to implement
the compact is invalidated by a court of competent
jurisdiction--
(1) the transfers, waivers, releases, relinquishments, and
other commitments made by the Mohegan Tribe under section
1(a) of the State Agreement shall cease to be of any force or
effect;
(2) section 4 of this Act shall not apply to the lands or
interests in lands or natural resources of the Mohegan Tribe
or any of its members, and the title to the lands or
interests in lands or natural resources shall be determined
as if such section were never enacted; and
(3) the approval by the United States of prior transfers
and the extinguishment of claims and aboriginal title of the
Mohegan Tribe otherwise made under section 4 shall be void.
(b) Right of Mohegan Tribe To Reinstate Claim.--
(1) In general.--If a State Agreement or compact or
agreement described in subsection (a) is invalidated by a
court of competent jurisdiction, the Mohegan Tribe or its
members shall have the right to reinstate a claim to lands or
interests in lands or natural resources to which the Tribe or
members are entitled as a result of the invalidation, within
a reasonable time, but not later than the later of--
(A) 180 days after the Mohegan Tribe receives written
notice of such determination of an invalidation described in
subsection (a); or
(B) if the determination of the invalidation is subject to
an appeal, 180 days after the court of last resort enters a
judgment.
(2) Defenses.--Notwithstanding any other provision of law,
if a party to an action described in paragraph (1) reinstates
the action during the period described in paragraph (1)(B)--
(A) no defense, such as laches, statute of limitations, law
of the case, res judicata, or prior disposition may be
asserted based on the withdrawal of the action and
reinstatement of the action; and
(B) the substance of any discussions leading to the State
Agreement may not be admissible in any subsequent litigation,
except that, if any such action is reinstated, any defense
that would have been available to the State of Connecticut at
the time the action was withdrawn--
(i) may be asserted; and
(ii) is not waived by anything in the State Agreement or by
subsequent events occurring between the withdrawal action and
commencement of the reinstated action.
SEC. 10. JUDICIAL REVIEW.
(a) Jurisdiction.--Notwithstanding any other provision of
law, during the period beginning on the date of enactment of
this Act and ending on the date that is 180 days after such
date, the United States District Court for the Southern
District of Connecticut shall have exclusive jurisdiction
over any action to contest the constitutionality of this Act
or the validity of any agreement entered into under the
authority of this Act or approved by this Act.
(b) Deadline for Filing.--Effective with the termination of
the period specified in subsection (a), no court shall have
jurisdiction over any action to contest the constitutionality
of this Act or the validity of any agreement entered into
under the authority of this Act or approved by this Act,
unless such action was filed prior to the date of termination
of the period specified in subsection (a).
The SPEAKER pro tempore, Mr. POSHARD, recognized Mr. GEJDENSON and Mr.
THOMAS of Wyoming, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said amendment?
The SPEAKER pro tempore, Mr. POSHARD, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. WALKER objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. POSHARD, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Wednesday, October 5, 1994, pursuant to the prior announcement of the
Chair.
The point of no quorum was considered as withdrawn.
Para. 119.73 park service entrepreneurial management
Mr. VENTO moved to suspend the rules and pass the bill (H.R. 4533) to
promote entrepreneurial management of National Park Service, and for
other purposes; as amended.
The SPEAKER pro tempore, Mr. POSHARD, recognized Mr. VENTO and Mr.
THOMAS of Wyoming, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. POSHARD, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. WALKER demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. POSHARD, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Wednesday, October 5, 1994, pursuant to the prior announcement of the
Chair.
Para. 119.74 rio puerco watershed
Mr. VENTO moved to suspend the rules and pass the bill of the Senate
(S. 1919) to improve water quality within the Rio Puerco watershed and
to help restore the ecological health of the Rio Grande through the
cooperative identification and implementation of best management
practices which are consistent with the ecological, geological,
cultural, sociological, and economic conditions in the region; as
amended.
The SPEAKER pro tempore, Mr. POSHARD, recognized Mr. VENTO and Mr.
THOMAS of Wyoming, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
Mr. WALKER demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. POSHARD, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Wednesday, October 5, 1994, pursuant to the prior announcement of the
Chair.
Para. 119.75 child nutrition
Mr. KILDEE moved to suspend the rules and pass the bill of the Senate
(S. 1614) to amend the Child Nutrition Act of 1966 and the National
Lunch Act to promote healthy eating habits for children and to extend
certain authorities contained in such Act through fiscal year 1998, and
for other purposes; as amended.
The SPEAKER pro tempore, Mr. POSHARD, recognized Mr. KILDEE and Mr.
GOODLING, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. POSHARD, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. WALKER objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. POSHARD, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Wednesday, October 5, 1994, pursuant to the prior announcement of the
Chair.
The point of no quorum was considered as withdrawn.
Para. 119.76 u.s.-mexico border health commission
Mr. DINGELL moved to suspend the rules and pass the bill of the Senate
(S. 1225) to authorize and encourage the President to conclude an
agreement with Mexico to establish a United States-Mexico Border Health
Commission.
The SPEAKER pro tempore, Mr. POSHARD, recognized Mr. DINGELL
[[Page 2328]]
and Mr. FIELDS of Texas, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. POSHARD, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. FIELDS of Texas demanded that the vote be taken by the yeas and
nays, which demand was supported by one-fifth of the Members present, so
the yeas and nays were ordered.
The SPEAKER pro tempore, Mr. POSHARD, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Wednesday, October 5, 1994, pursuant to the prior announcement of the
Chair.
Para. 119.77 naval vessels transfer
Mr. ANDREWS of New Jersey moved to suspend the rules and pass the bill
(H.R. 5155) to authorize the transfer of naval vessels to certain
foreign countries.
The SPEAKER pro tempore, Mr. POSHARD, recognized Mr. ANDREWS of New
Jersey and Mr. GILMAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. POSHARD, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. WALKER objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. POSHARD, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Wednesday, October 5, 1994, pursuant to the prior announcement of the
Chair.
The point of no quorum was considered as withdrawn.
Para. 119.78 conflict resolution in tajikistan
Mr. ANDREWS of New Jersey moved to suspend the rules and agree to the
following concurrent resolution (H. Con. Res. 302):
Whereas the conflict in Tajikistan between the government
and opposition forces has caused the death of tens of
thousands of persons and has displaced 500,000 persons, one-
tenth of the country's 5,400,000 people;
Whereas the conflict has been characterized on all sides by
gross human rights violations, abuses, and brutalities,
including the murders of children, pregnant women, and
babies, widespread use of torture, and summary executions;
Whereas the current violence has the potential to cause
conflict along ethnic lines between Tajiks and Uzbeks
throughout the region;
Whereas the United Nations Security Council has called upon
all parties to reach a political solution and seek national
reconciliation;
Whereas the Conference on Security and Cooperation in
Europe has established a mission in Tajikistan to seek ways
to revolve the conflict;
Whereas through the efforts of the Special Envoy of the
Secretary General of the United Nations to Tajikistan,
negotiations are now being conducted;
Whereas elections have been scheduled by the Government of
Tajikistan for November 6, 1994;
Whereas the success of a truly representative government
will assist with the development of a peaceful and stable
Central Asia and beyond;
Whereas the United States has successfully responded to
urgent needs for food and other humanitarian assistance in
the past;
Whereas food access rather than availability will be a
critical problem facing Tajikistan for the foreseeable
future;
Whereas there remain significant shortages of necessary
building materials, wheat, cooking oil, soap, and shoes;
Whereas lack of fuel nationwide will delay food shipments
to Gorno Badakshan, creating severe food shortages in that
region, and has the potential to cripple the economy;
Whereas economic assistance can sometimes be given through
nongovernmental organizations, in the form of
microdevelopment projects, thus supporting the economy from
the bottom up;
Whereas continued support for the present of the United
Nations and other international organizations and for
microdevelopment projects could encourage the peaceful return
and reintegration of refugees and displaced Tajiks; and
Whereas any unconditional economic assistance for the
central government in Dushanbe, by any party, amounts to a
failure to take advantage of political leverage to support
national reconciliation and human rights: Now, therefore, be
it
Resolved by the House of Representatives (the Senate
concurring),
(a) That it is the sense of the Congress that--
(1) while the Congress welcomes steps taken by the
Government of Tajikistan toward the holding of open
elections, it expresses its concerns that nomination,
registration, and voting procedures are inadequate to ensure
that such elections will be free and fair; and
(2) any peacekeeping activities in Tajikistan should be
conducted in full conformity with United Nations and
international peacekeeping norms and practices.
(b) That it is the further sense of the Congress that the
President--
(1) should support existing efforts at national
reconciliation in Tajikistan, including--
(A) those of the Conference on Security and Cooperation in
Europe, and
(B) the current diplomatic initiatives, through the office
of the Special Envoy of the Secretary General of the United
Nations to Tajikistan;
(2) should seek, through his good offices, to obtain full
respect by the Government of Tajikistan for basic freedoms
and internationally recognized human rights, including full
implementation of Conference on Security and Cooperation in
Europe commitments;
(3) should maintain support for humanitarian assistance to
the people of Tajikistan, including assistance for refugees,
internally displaced persons, and returnees, with an eye for
encouraging self-sufficiency in as many sectors as possible;
(4) should urge the international community to make similar
commitments;
(5) should seek to ensure that a substantial portion of
assistance provided to Tajikistan is channeled through
nongovernmental organizations; and
(6) should seek to ensure that economic assistance is
provided directly to the Government of Tajikistan only if it
is making significant progress in--
(A) protecting and facilitating the activities of human
rights groups, including their monitoring of human rights
abuses by or upon any party and the training of local human
rights organizations;
(B) promoting democratic development, including free and
fair elections;
(C) participating in and otherwise facilitating conflict
resolution efforts;
(D) terminating interference in the non-violent activities
of the political opposition;
(E) allowing the International Committee of the Red Cross
to visit prisoners in accordance with its mandate, which
includes private interviews with prisoners;
(F) participating in and otherwise facilitating the
compilation of a list of all those who have been
extrajudicially executed or have disappeared; and
(G) facilitating the protection and reintegration of
returnees.
The SPEAKER pro tempore, Mr. POSHARD, recognized Mr. ANDREWS of New
Jersey and Mr. GILMAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution?
The SPEAKER pro tempore, Mr. POSHARD, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. WALKER objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. POSHARD, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Wednesday, October 5, 1994, pursuant to the prior announcement of the
Chair.
The point of no quorum was considered as withdrawn.
Para. 119.79 northern ireland's peace process
Mr. ANDREWS of New Jersey moved to suspend the rules and agree to the
following resolution (H. Res. 561):
Whereas Northern Ireland has for many years been riven by
violence;
Whereas this cycle of violence and death has embittered and
further separated the people of both great traditions on the
island of Ireland, so that reconciliation between them has
been made more difficult;
Whereas the Irish and British Governments have made joint
efforts pursuant to the Anglo Irish Agreement of 1985 and 3-
stranded talks between and among the constitutional parties
of the north and the 2 governments to find political
solutions to this situation that would win the support of the
majority of the people of Ireland, North and South;
Whereas the 2 governments have made further efforts in the
Downing Street Declaration of 1993 to establish principles
under which such a political settlement could be negotiated
among all the parties in Northern Ireland that renounce the
use of violence;
Whereas, after a period of internal debate and
consideration, the Irish Republican Army announced on August
31, 1994, a complete cessation of military operations and
declared its willingness to participate in political talks
with other parties in Northern Ireland and the 2 governments;
Whereas the Irish Republican Army has kept its pledge to
end military operations since that time;
Whereas other loyalist and nationalist paramilitary
organizations have not declared their intention to end the
use of mili-
[[Page 2329]]
tary operations and have in fact continued attacks;
Whereas the policy of the United States has consistently
supported the end of military operations and provided strong
diplomatic and material support for peace and reconciliation
throughout the island of Ireland, and particularly through
annual appropriations to the International Fund for Ireland;
Whereas the Congress of the United States has played a role
of support for this Fund and for the efforts of the 2
governments and of courageous leaders of nonviolence from
both traditions in Northern Ireland such as John Hume, whose
inspiration and dogged determination helped convince the
Irish Republican Army to lay down its arms;
Whereas the announcement of the Irish Republican Army
ceasefire and the determination of the 2 governments to offer
a framework for comprehensive political dialogue between all
the political parties in Northern Ireland now offer an
historic climate for genuine peace and reconciliation in all
of Ireland; and
Whereas the International Fund for Ireland and the Overseas
Private Investment Corporation at this critical moment can
play a key role in building a public-private partnership in
support of the peace process in Northern Ireland, such as
through an Overseas Private Investment Corporation equity
fund for the Republic of Ireland and Northern Ireland: Now,
therefore, be it
Resolved, That the House of Representatives--
(1) commends the British and Irish Governments for the
steps they have taken and are taking to encourage and
facilitate all-party talks leading to a lasting political
settlement acceptable to, and ratified by, the people of
Ireland, north and south;
(2) urges the 2 governments to include all parties that
renounce violence into such talks as soon as possible;
(3) hails the complete and permanent cessation of Irish
Republican Army military operations as an essential step to
such a settlement;
(4) calls upon all other paramilitary organizations in
Northern Ireland similarly to cease the employment of
violence;
(5) expresses strong support for United States economic
development programs such as the International Fund for
Ireland and the Overseas Private Investment Corporation that
can contribute to a climate of economic development in which
peace, reconciliation, and justice become achievable goals
for all in Northern Ireland; and
(6) urges the President to take appropriate steps to
support the peace process in Northern Ireland through such
programs.
The SPEAKER pro tempore, Mr. POSHARD, recognized Mr. ANDREWS of New
Jersey and Mr. GILMAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said resolution?
The SPEAKER pro tempore, Mr. POSHARD, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. WALKER objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. POSHARD, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Wednesday, October 5, 1994 pursuant to the prior announcement of the
Chair.
The point of no quorum was considered as withdrawn.
Para. 119.80 support for south africa
Mr. ANDREW of New Jersey moved to suspend the rules and agree to the
following resolution (H. Res. 560):
Whereas the first ever nonracial democratic elections were
held in South Africa in April 1994, resulting in a broad-
based Government of National Unity led by President Nelson
Mandela, thereby ending 350 years of racial segregation known
as apartheid;
Whereas Nelson Mandela will be received by President
Clinton on the occasion of his historic state visit to the
United States as the first head of state representing the
newly democratic Republic of South Africa;
Whereas South Africa, rich in natural and human resources,
is already one of the most important countries on the African
continent and, with the end of apartheid, has the potential
to become a major world leader;
Whereas South Africa has a critical role to play within the
Southern Africa region as well as throughout the continent as
a stable model of democracy and economic development;
Whereas if South Africa were to fail in its efforts to
create a stable nonracial democracy, the ripple effect on the
rest of the continent would be costly in terms of lives and
emergency assistance;
Whereas the early stages of the transition in South Africa
have proven to be an exceptional example of political
reconciliation and compromise critical to nation-building;
Whereas Nelson Mandela's exemplary leadership has further
enhanced South Africa's opportunities in the area of
reconstruction and development;
Whereas President Nelson Mandela has asked the
international community for substantial support as South
Africa struggles to meet the needs of its 41,000,000 people;
Whereas the United States has stated that one of its major
foreign policy objectives is to support the enlargement of
democracy throughout the world;
Whereas the transition to a nonracial democratic society in
South Africa is very much in the interest of the United
States;
Whereas opposition to apartheid in South Africa has been a
longstanding theme of the foreign policies of both Republican
and Democratic Administrations;
Whereas the Congress of the United States, in both the
Comprehensive Anti-Apartheid Act of 1986 and the South Africa
Democratic Transition Support Act of 1993, has taken
particular interest in the transition to a democratic
nonracial society in South Africa;
Whereas United States support contributed significantly to
the holding of free and fair elections in South Africa;
Whereas the United States has pledged its continuing
commitment to long-term development for South Africa in the
post-apartheid era; and
Whereas President Clinton announced a post-election
initiative for South Africa that will provide support for the
new Government of South Africa and assistance to communities
there at the grassroots level: Now, therefore, be it
Resolved, That it is the sense of the House of
Representatives that--
(1) President Nelson Mandela, the first head of state of a
nonracial democratic South Africa, deserves the
congratulations and support of the United States;
(2) the United States shall remain engaged in the political
and economic development of South Africa;
(3) assistance to South Africa should continue to focus on
such issues as job creation, housing, enterprise development,
education, democracy, and health; and
(4) steps should be taken to increase trade, investment,
and development in South Africa.
The SPEAKER pro tempore, Mr. POSHARD, recognized Mr. ANDREWS of New
Jersey and Mr. GILMAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said resolution?
The SPEAKER pro tempore, Mr. POSHARD, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. WALKER objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. POSHARD, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Wednesday, October 5, 1994 pursuant to the prior announcement of the
Chair.
The point of no quorum was considered as withdrawn.
Para. 119.81 u.s. policy on vietnam
Mr. ANDREWS of New Jersey moved to suspend the rules and agree to the
following concurrent resolution (H. Con. Res. 278):
Whereas the President has lifted the 30-year-old trade
embargo against Vietnam in the belief that doing so is the
``best way'' to ensure progress in resolving the fate of
Americans missing since the conflict in Vietnam;
Whereas the period of the Vietnam conflict and its
aftermath was one of the most distressing and painful periods
in our Nation's history;
Whereas questions remain about the fate of several hundred
Americans missing in action;
Whereas, on July 2, 1993, President Clinton stated that
further steps in United States-Vietnam relations would be
based on ``tangible progress'' towards the fullest possible
accounting of those missing in action;
Whereas such ``tangible progress'' depends on further
efforts by the Government of Vietnam in the 4 key areas
outlined by the President, including the recovery and
repatriation of American remains, continued resolution of
discrepancy cases, further assistance in implementing
trilateral investigations with Laos, and accelerated efforts
to provide all POW/MIA-related documents;
Whereas the Congress deeply empathizes with the families
and friends of the missing American servicemen;
Whereas we owe nothing less than the ``fullest possible
accounting'' to these men and their families;
Whereas Vietnam's criminal law is used to punish nonviolent
advocates of political pluralism, through charges such as
``attempting to overthrow the people's government'' or
``antisocialist propaganda'';
Whereas the end of the Cold War provides an unprecedented
opportunity for democratic reform and improvements in human
rights throughout the world;
Whereas recent economic reforms and initiatives undertaken
by the Government of Vietnam can best be encouraged and built
upon through political liberalization;
Whereas the interests of the United States and the people
of Vietnam, and the international community would best be
served by having a friendly and democratic government in
Vietnam; and
Whereas greater respect for internationally recognized
human rights and a peaceful
[[Page 2330]]
transition to democracy in Vietnam would greatly reduce the
threat of instability in Southeast Asia and enable the
creation of a free-market economy in Vietnam: Now, therefore,
be it
Resolved by the House of Representatives (the Senate
concurring), That it is the sense of the Congress that--
(1) progress towards the ``fullest possible accounting''
for the Americans missing and unaccounted for remains central
to our Nation's foreign policy toward Vietnam;
(2) the ``fullest possible accounting'' of our missing must
remain the index by which further progress in relations must
be judged;
(3) the primary functions of the United States Government
liaison office in Vietnam should be--
(A) to facilitate efforts to achieve the ``fullest possible
accounting'', and
(B) to establish a section within that office to assist
families and friends of those missing American servicemen in
their efforts to ascertain the status of their loved ones;
(4) the United States should support the process of
nonviolent democratic reform in Vietnam including the goal of
free and fair elections; and
(5) the United States should increase its support for Voice
of America programming in Vietnam.
The SPEAKER pro tempore, Mr. POSHARD, recognized Mr. ANDREWS of New
Jersey and Mr. GILMAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution?
The SPEAKER pro tempore, Mr. POSHARD, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. WALKER objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. POSHARD, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Wednesday, October 5, 1994 pursuant to the prior announcement of the
Chair.
The point of no quorum was considered as withdrawn.
Para. 119.82 human rights in vietnam
Mr. ANDREWS of New Jersey moved to suspend the rules and agree to the
following concurrent resolution (H. Con. Res. 216); as amended:
Whereas President Clinton on October 19, 1992, promised to
the American/Vietnam community ``it is my firm belief that
the issue of human rights should be a part of the discussion
when addressing the issue of normalization with Vietnam'';
Whereas the ``road map'' established between the United
States Government and the Government of Vietnam did not
mention provisions for human rights or democracy as a
precondition for lifting the embargo and normalizing
relations with Vietnam;
Whereas Vietnam remains one of the last communist countries
in the world and maintains one of the most repressive
political and social systems and the Vietnamese people are
deprived of their basic human rights;
Whereas Vietnam has released from labor camps large numbers
of persons suspected of disloyalty or having ties to the
South Vietnamese government, and yet has rearrested and
incarcerated some of these former prisoners and many other
individuals for nonviolent political and religious advocacy;
Whereas one of the most repressed people in Vietnam are the
ethnic minorities known as the Montagnards whose traditions,
culture, and religious beliefs continue to be eradicated
through policies such as the destruction of tribal villages
comprised of ethnic Vietnamese migrants for the purposes of
forced assimilation;
Whereas free expression is denied in Vietnam (for example,
independent radio and television stations, newspapers,
performing artists, book publishers, writers, artists, and
journalists are forced to conform to government approval or
censorship);
Whereas the poet Nguyen Chi Thien, a recognized Amnesty
International Prisoner of Conscience in northern Vietnam for
the past 27 years, is still denied the right of expression
and remains under close government surveillance;
Whereas most South Vietnamese writers and poets have been
denied the right to publish or compose since 1975;
Whereas the 1992 Vietnamese Constitution still designates
the Communist Party as the ``force leading the state and
society'';
Whereas Vietnam's criminal law is used to punish nonviolent
advocates of political pluralism, through charges such as
``attempting to overthrow the people's government'' or
``antisocialist propaganda'';
Whereas participants in independent democratic parties and
movements have been subjected to harsh repression (for
example, Dr. Nguyen Dan Que, the leader of the Non-Violent
Movement for Human Rights in Vietnam; Professor Doan Viet
Hoat of the Freedom Forum; and Nguyen Dinh Huy of the
Movement to Unite the People and Build Democracy);
Whereas even nonviolent political movements for democracy
consisting of former National Liberation Front members such
as the League of Former Revolutionaries have been repressed
and its leaders, Nguyen Ho and Ta Ba Tong, remain under house
arrest;
Whereas prominent leaders from the Buddhist, Catholic, Cao
Dai, Hoa Hao, and Protestant faiths are in prison or under
house arrest for expressing their religious beliefs;
Whereas 4 monks of the Unified Buddhist Church were tried
and convicted on charges of instigating public disorder on
November 15, 1993, in relation to a massive demonstration in
Hue protesting police detention and harassment of major
church leaders;
Whereas Venerable Thich Huyen Quang, head of the United
Buddhist Church, is under house arrest and under strict
surveillance by security police; and
Whereas Catholic and Protestant clerics and lay people are
imprisoned for conducting unauthorized religious activities,
including religious education classes and social programs:
Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That it is the sense of the Congress that--
(1) the Department of State, in its formal human rights
dialogue with Vietnam (which was announced by the United
States and Vietnam on January 10, 1994), should place a high
priority on seeking--
(A) the release of all nonviolent political prisoners, and
(B) reforms in Vietnam's legal procedures and practices to
bring them into conformity with international human rights
standards;
(2) the Secretary of State should submit a progress report
on this dialogue to the Congress within 6 months of the date
on which this resolution is adopted by the Congress;
(3) the United States should actively support resolutions
at the United Nations Commission on Human Rights expressing
concern about the imprisonment of nonviolent political and
religious dissidents in Vietnam;
(4) the United States should urge the Government of Vietnam
to invite international humanitarian organizations to provide
their confidential humanitarian services to prisoners in
Vietnam, as a step towards improving their treatment and the
poor condition of imprisonment;
(5) the United States should consult with its allies,
including Japan, Australia, Canada, and the European
Community, to coordinate international public and private
appeals for improvement in human rights in Vietnam, drawing
attention to the statement issued by the World Bank-convened
donors' conference in Paris on November 10, 1993, that notes
that economic and social development in Vietnam require
``more attention to democratization and the promotion of
human rights'' by the Government of Vietnam; and
(6) in U.S. bilateral relations with the Socialist Republic
of Vietnam, the President should place a high priority on the
following concerns, and should assess the progress that has
occurred on them before taking steps to complete the full
normalization of relations with Vietnam:
(a) whether article 4 of the Vietnamese constitution and
any other articles concerning ``democratic centralism'' and
``the leading role of the Communist party'' (guaranteeing the
permanent rule of the Communist Party of Vietnam) are
repealed;
(b) whether article 69 of the Vietnamese constitution which
strictly controls all religious activity including each
individual's right to worship, teach and publish religious
materials is repealed, and all Vietnamese regulations, codes,
and constitutional provisions prohibiting free expression, or
denying the freedoms of association or religious worship, are
eliminated; and
(c) whether the Vietnamese Government and the Communist
Party of Vietnam make formal commitments to permit free and
fair elections, so that the citizens of the country may
determine the future leadership and orientation of their
government.
The SPEAKER pro tempore, Mr. POSHARD, recognized Mr. ANDREWS of New
Jersey and Mr. GILMAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution, as amended?
The SPEAKER pro tempore, Mr. POSHARD, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. WALKER objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. POSHARD, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Wednesday, October 5, 1994 pursuant to the prior announcement of the
Chair.
The point of no quorum was considered as withdrawn.
Para. 119.83 americans missing in cyprus
Mr. ANDREWS of New Jersey moved to suspend the rules and agree to the
following amendment of the Senate to the bill (H.R. 2826) to provide for
an investigation of the whereabouts of the United States citizens and
others who have been missing from Cyprus since 1974:
Strike out all after the enacting clause and insert:
[[Page 2331]]
SECTION 1. UNITED STATES CITIZENS MISSING FROM CYPRUS.
(a) Investigation.--As soon as is practicable, the
President shall undertake, in cooperation with appropriate
international organizations or nongovernmental organizations,
a thorough investigation of the whereabouts of the United
States citizens who have been missing from Cyprus since 1974.
Any information on others missing from Cyprus that is learned
or discovered during this investigation shall be reported to
the appropriate international or nongovernmental
organizations. The investigation shall focus on the counties
and communities which were combatants in Cyprus in 1974, all
of which currently receive United States foreign assistance.
(b) Report to the Families.--The President shall report the
findings of this investigation of the missing Americans to
the family of each of the United States citizens. Such
reports shall include the whereabouts of the missing.
(c) Report to the Congress.--The information learned or
discovered during this investigation shall be reported to the
Congress.
(d) Returning the Missing.--The President, in cooperation
with appropriate international organizations or
nongovernmental organizations, shall do everything possible
to return to their families, as soon as is practicable, the
United States citizens who have been missing from Cyprus
since 1974, and others who have been missing, including
returning the remains of those who are no longer alive.
The SPEAKER pro tempore, Mr. POSHARD, recognized Mr. ANDREWS of New
Jersey and Mr. GILMAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said amendment?
The SPEAKER pro tempore, Mr. POSHARD, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. WALKER objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. POSHARD, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Wednesday, October 5, 1994 pursuant to the prior announcement of the
Chair.
The point of no quorum was considered as withdrawn.
Para. 119.84 earthquake hazards reduction
Mr. BROWN of California moved to suspend the rules and agree to the
following amendment of the Senate to the bill (H.R. 3485) to authorize
appropriations for carrying out the Earthquake Hazrds Reduction Act of
1977 for fiscal years 1994, 1995, and 1996:
Strike out all after the enacting clause and insert:
SECTION 1. AUTHORIZATION OF APPROPRIATIONS.
Section 12 of the Earthquake Hazards Reduction Act of 1977
(42 U.S.C. 7706) is amended--
(1) in subsection (a)(7)--
(A) by inserting ``of the Agency'' after `'to the
Director'';
(B) by striking ``and'' after ``September 30, 1992,''; and
(C) by inserting ``, $25,000,000 for the fiscal year ending
September 30, 1995, and $25,750,000 for the fiscal year
ending September 30, 1996'' after ``September 30, 1993'';
(2) in subsection (b)--
(A) by striking ``and'' after ``September 30, 1992;''; and
(B) by inserting ``; $49,200,000 for the fiscal year ending
September 30, 1995; and $50,676,000 for the fiscal year
ending September 30, 1996'' after ``September 30, 1993'';
(3) by adding at the end of subsection (c) the following
new sentence: ``There are authorized to be appropriated, out
of funds otherwise authorized to be appropriated to the
National Science Foundation: (1) $16,200,000 for engineering
research and $10,900,000 for geosciences research for the
fiscal year ending September 30, 1995, and (2) $16,686,000
for engineering research and $11,227,000 for geosciences
research for the fiscal year ending September 30, 1996.'';
and
(4) by adding at the end of subsection (d) the following
new sentence: ``There are authorized to be appropriated, out
of funds otherwise authorized to be appropriated to the
National Institute of Standards and Technology, $1,900,000
for the fiscal year ending September 30, 1995, and $1,957,000
for the fiscal year ending September 30, 1996.''.
SEC. 2. EARTHQUAKE ENGINEERING ASSESSMENT.
(a) Assessment.--The President shall conduct an assessment
of earthquake engineering research and testing capabilities
in the United States. This assessment shall include--
(1) the need for shake tables and other earthquake
engineering research and testing facilities in the United
States;
(2) options to cooperate with other countries that have
developed complementary earthquake engineering research and
testing programs and facilities;
(3) projected costs for construction, maintenance, and
operation of new earthquake engineering research and testing
facilities in the United States; and
(4) options and recommendations to provide funding for the
construction and operation of new earthquake engineering and
testing facilities, including the feasibility and
advisability of developing a comprehensive earthquake
engineering research and testing program within the scope of
the Earthquake Hazards Reduction Act of 1977.
(b) Deadline.--The assessment required by subsection (a)
shall be transmitted to Congress within nine months after the
date of enactment of this Act.
The SPEAKER pro tempore, Mr. POSHARD, recognized Mr. BROWN of
California and Mr. WALKER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said amendments?
The SPEAKER pro tempore, Mr. POSHARD, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. GOODLING objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. POSHARD, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Wednesday, October 5, 1994 pursuant to the prior announcement of the
Chair.
The point of no quorum was considered as withdrawn.
Para. 119.85 enrolled bill signed
Mr. Rose, from the Committee on House Administration, reported that
that committee had examined and found truly enrolled a bill of the House
of the following title, which was thereupon signed by the Speaker:
H.R. 734. An Act to amend the act entitled ``An Act to
provide for the extension of certain Federal benefits,
services, and assistance to the Pascua Yaqui Indians of
Arizona, and for other purposes.''
Para. 119.86 senate enrolled joint resolutions signed
Mr. SPEAKER announced his signature to enrolled joint resolutions of
the Senate of the following titles:
S.J. Res. 157. Joint resolution to designate 1994 as ``The
Year of Gospel Music.''
S.J. Res. 185. Joint resolution to designate October 1994
as ``National Breast Cancer Awareness Month.''
S.J. Res. 198. Joint resolution designating 1995 the ``Year
of the Grandparent.''
Para. 119.87 bill presented to the president
Mr. ROSE, from the Committee on House Administration, reported that
that committee did on the following date present to the President, for
his approval, bill of the House of the following title:
On September 30, 1994:
H.R. 4556. An Act making appropriations for the Department
of Transportation and related agencies for the fiscal year
ending September 30, 1995, and for other purposes.
Para. 119.88 leave of absence
By unanimous consent, leave of absence was granted to Mr. McNULTY,
for today after 7 p.m. through 2 p.m. October 5.
And then,
Para. 119.89 adjournment
On motion of Mr. UPTON, pursuant to the special order heretofore
agreed to, at 12 o'clock and 18 minutes a.m., Wednesday, October 5
(legislative day of Tuesday, October 4), 1994, the House adjourned until
9:30 a.m. today.
Para. 119.90 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. BROOKS: Committee on the Judiciary. H.R. 4922. A bill
to amend title 18, United States Code, to make clear a
telecommunications carrier's duty to cooperate in the
interception of communications for law enforcement purposes,
and for other purposes; with an amendment, referred to the
Committee on Energy and Commerce for a period ending not
later than December 2, 1994, for consideration of such
provisions of the bill and amendment as fall within the
jurisdiction of that committee pursuant to clause 1(h), rule
X (Rept. No. 103-827, Pt. 1). Ordered to be printed.
Mr. DERRICK: Committee on Rules. House Resolution 563.
Resolution providing for consideration of the concurrent
resolution (H. Con. Res. 301) expressing the sense of the
Congress regarding entitlements (Rept. No. 103-828). Referred
to the House Calendar.
Mr. DERRICK: Committee on Rules. House Resolution 564.
Resolution providing for consideration of the bill (H.R.
5110) to approve and implement the trade agreements con-
[[Page 2332]]
cluded in the Uruguay round of multi-lateral trade
negotiations (Rept. No. 103-829). Referred to the House
Calendar.
Mr. GORDON: Committee on Rules. House Resolution 565.
Resolution providing for consideration of the bill (S. 455)
to amend title 31, United States Code, to increase Federal
payments to units of general local government for entitlement
lands, and for other purposes (Rept. No. 103-830). Referred
to the House Calendar.
Mr. BROOKS: Committee on the Judiciary. H.R. 4778. A bill
to codify without substantive change recent laws related to
transportation and to improve the United States Code; with an
amendment (Rept. No. 103-831). Referred to the House
Calendar.
Mr. MILLER of California: Committee of Conference.
Conference report on S. 21. An act to designate certain lands
in the California desert as wilderness, to establish Death
Valley, Joshua Tree, and Mojave National Parks, and for other
purposes (Rept. No. 103-832). Ordered to be printed.
Mr. BROOKS: Committee on the Judiciary. S. 1457. An act to
amend the Aleutian and Pribilof Restitution Act to increase
authorization for appropriation to compensate Aleut villages
for church property lost, damaged, or destroyed during World
War II (Rept. No. 103-833). Referred to the Committee of the
Whole House on the State of the Union.
Mr. GEJDENSON: Committee of Conference. Conference report
on H.R. 4950. A bill to extend the authorities of the
Overseas Private Investment Corporation, and for other
purposes (Rept. No. 103-834). Ordered to be printed.
Mr. BROOKS: Committee on the Judiciary. H.R. 5116. A bill
to amend title 11 of the United States Code; with an
amendment (Rept. No. 103-835). Referred to the Committee of
the Whole House on the State of the Union.
Para. 119.91 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. DICKS (for himself, Mr. DeFazio, Mrs. Unsoeld,
Mr. Wyden, Mr. Swift, Ms. Dunn, Ms. Furse, and Mr.
Kopetski):
H.R. 5161. A bill to amend the Omnibus Budget
Reconciliation Act of 1993 to permit the prompt sharing of
timber sale receipts of the Forest Service and the Bureau of
Land Management; jointly, to the Committees on Agriculture
and Natural Resources.
By Mr. DREIER:
H.R. 5162. A bill to amend the Internal Revenue Code of
1986 to improve long-term care access for elderly Americans;
jointly, to the Committees on Ways and Means; Banking,
Finance and Urban Affairs; and Government Operations.
H.R. 5163. A bill to amend the Trade Act of 1974 to apply
fast track procedures to an implementing bill submitted by
the President to the 104th Congress with respect to the
Uruguay round trade agreements; jointly, to the Committees on
Ways and Means and Rules.
By Ms. NORTON:
H.R. 5164. A bill to provide for the enrollment of
individuals enrolled in a health benefits plan administered
by the Office of the Comptroller of the Currency or the
Office of Thrift Supervision in the Federal Employees Health
Benefits Program; to the Committee on Post Office and Civil
Service.
By Mr. BEREUTER:
H.R. 5165. A bill to authorize the Export-Import Bank of
the United States to provide financing for the export of
nonlethal defense articles and defense services the primary
end use of which will be for civilian purposes; to the
Committee on Banking, Finance and Urban Affairs.
By Mr. FORD of Michigan (for himself and Mr. Williams):
H.R. 5166. A bill to establish a comprehensive program for
worker reemployment, to facilitate the establishment of one-
stop career systems to serve as a common point of access to
employment, education, and training information and services,
to establish a national labor market information program, and
for other purposes; to the Committee on Education and Labor.
By Mr. JOHNSON of South Dakota:
H.R. 5167. A bill to amend chapter 84 of title 5, United
States Code, to provide that the basic annuity under the
Federal Employees' Retirement System for a Member of Congress
be computed using the formula generally applicable under such
chapter for Federal employees; jointly, to the Committees on
Post Office and Civil Service and House Administration.
By Mr. LaFALCE:
H.R. 5168. A bill to provide for the minting and
circulation of $1 coins and the establishment of the
circulating coinage reserve fund as a successor to the
coinage profit fund, to provide that excess amounts in the
circulating coinage reserve fund may be made available to the
Community Development Financial Institutions Fund, and for
other purposes; to the Committee on Banking, Finance and
Urban Affairs.
By Mr. McCRERY:
H.R. 5169. A bill to amend the Internal Revenue Code of
1986 to provide that the income tax imposed on estates and
trusts shall be determined using the rate table applicable to
married individuals filing separate returns; to the Committee
on Ways and Means.
By Mr. PACKARD:
H.R. 5170. A bill to amend title 18, United States Code, to
protect against code grabbers; to the Committee on the
Judiciary.
By Mr. PENNY:
H.R. 5171. A bill to amend the Agricultural Trade
Development and Assistance Act of 1954 to require nutrient
fortification of agricultural commodities provided for
feeding programs; jointly, to the Committees on Agriculture
and Foreign Affairs.
By Mr. ROBERTS (for himself, Mr. Gunderson, Mr. Smith
of Oregon, Mr. Allard, and Mr. Barrett of Nebraska):
H.R. 5172. A bill to amend the Federal Meat Inspection Act
and the Poultry Products Inspection Act to establish a Safe
Meat and Poultry Inspection Panel within the U.S. Department
of Agriculture; to the Committee on Agriculture.
By Mr. WYDEN:
H.R. 5173. A bill to amend the Public Health Service Act to
establish within the Office of the Director of the National
Institutes of Health an Office for Rare Disease Research; to
the Committee on Energy and Commerce.
By Mr. ZIMMER:
H.R. 5174. A bill to prohibit former Members of the House
of Representatives and the Senate who have been convicted of
a felony from lobbying in the legislative or executive branch
of the Federal Government; to the Committee on the Judiciary.
By Mr. ANDREWS of New Jersey:
H.R. 5175. A bill concerning denial of passports to
noncustodial parents subject to State arrest warrants in
cases of nonpayment of child support; to the Committee on
Foreign Affairs.
By Mr. FARR:
H.J. Res. 423. Joint resolution designating February 27,
1995, as ``John Steinbeck Day''; to the Committee on Post
Office and Civil Service.
By Ms. FURSE:
H. Con. Res. 306. Concurrent resolution expressing the
sense of the Congress that the President should pursue
negotiations with Russia as quickly as possible to achieve a
START III agreement that reduces the number of deployed
strategic nuclear warheads to the lowest possible level, and
no more than 2,000 each for the United States and Russia; to
the Committee on Foreign Affairs.
By Ms. DANNER (for herself, Mr. Rahall, and Mr.
Kildee):
H. Res. 566. Resolution expressing the sense of the House
of Representatives urging Israel and the Palestine Liberation
Organization [PLO] to reach agreement on holding free and
democratic elections in Gaza and the West Bank; to the
Committee on Foreign Affairs.
By Mr. HILLIARD (for himself, Mr. Bevill, Mr. Browder,
Mr. Cramer, Mr. Callahan, Mr. Everett, and Mr. Bachus
of Alabama):
H. Res. 567. Resolution honoring the memory of the late
Claude Harris, Jr.; to the Committee on House Administration.
Para. 119.92 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 40: Ms. Eshoo.
H.R. 65: Mr. Pombo.
H.R. 162: Mr. Payne of Virginia and Mr. Hall of Texas.
H.R. 290: Mr. Lancaster.
H.R. 420: Mr. Chapman.
H.R. 654: Mr. Kolbe, Mr. Pastor, Mr. Quillen, and Mr.
Pallone.
H.R. 836: Mr. Barcia of Michigan.
H.R. 911: Mr. Ehlers and Mr. Gene Green of Texas.
H.R. 1164: Mr. Smith of New Jersey.
H.R. 1431: Mr. Deutsch.
H.R. 2420: Mr. Flake.
H.R. 2910: Mr. Callahan, Mr. Condit, Mr. Gillmor, Mr.
Schaefer, and Mr. Barton of Texas.
H.R. 3546: Mr. Mazzoli and Mr. Gene Green of Texas..
H.R. 3645: Mr. Schaefer, Mr. Portman, Mr. Camp, and Mr.
Walker.
H.R. 3745: Mr. Reynolds, Mr. Owens, and Ms. Waters.
H.R. 3875: Mr. Carr and Mr. McCurdy.
H.R. 3971: Mr. Walsh.
H.R. 4074: Mr. Coppersmith, Mr. Evans, and Ms. Brown of
Florida.
H.R. 4086: Mr. Diaz-Balart, Mr. Hall of Texas, Ms. Long,
Mr. Hoyer, Mr. Parker, and Mr. Olver.
H.R. 4210: Mr. Owens and Mr. Blackwell.
H.R. 4345: Mr. Mineta and Mr. Emerson.
H.R. 4414: Mr. Parker.
H.R. 4456: Mr. Owens.
H.R. 4507: Mr. Canady.
H.R. 4514: Mr. Sisisky, Mr. Pickett, and Ms. Schenk.
H.R. 4605: Mr. Hoyer.
H.R. 4618: Mr. Shaw, Ms. Margolies-Mezvinsky, and Mrs.
Roukema.
H.R. 4669: Mr. Shaw, Ms. Margolies-Mezvinsky, and Mrs.
Roukema.
H.R. 4677: Mr. Barcia of Michigan, Mr. Bonior, Mr. Cardin,
Mr. Ford of Michigan, Mr. Frost, Mr. Hoagland, Mr. Jacobs,
Mr. Kildee, Mr. Kleczka, Mr. Kopetski, Mr. Lehman, Mr.
Manton, Mr. Matsui, Mr. McDermott, Mr. Neal of Massachusetts,
Mr. Parker, Mr. Reynolds, Mrs. Schroeder, Mr. Scott, Mr.
Stark, Mr. Underwood, and Ms. Woolsey.
H.R. 4714: Mr. Payne of Virginia and Mr. Clement.
H.R. 4786: Mr. McHale.
H.R. 4802: Mr. Combest, Ms. Slaugther, Mr. Kleczka, and Mr.
Smith of New Jersey.
H.R. 4828: Mr. Mineta.
[[Page 2333]]
H.R. 4831: Mr. Gene Green of Texas.
H.R. 4887: Mr. Sensenbrenner.
H.R. 4912: Mr. Martinez, Ms. Danner, and Mr. Ridge.
H.R. 4957: Mr. Wise, Mr. Swett, and Mrs. Byrne.
H.R. 5032: Mr. Camp, Mr. Weldon, and Mr. Canady.
H.R. 5043: Mr. Schumer, Mr. Applegate, Mr. Hochbrueckner,
Mr. Poshard, Mr. Brown of Ohio, Mr. Stupak, Mr. Sanders, and
Mr. Gunderson.
H.R. 5062: Mr. Klug, Mr. Buyer, Mr. Ridge, Mr. Wolf, Mr.
Costello, Ms. Norton, Mr. Franks of Connecticut, Mr. Poshard,
Ms. Danner, Mr. Conyers, Mr. McCandless, Mr. Hansen, Mr.
Diaz-Balart, Mr. Gunderson, Ms. Dunn, Mr. Montgomery, Mr.
Ravenel, and Mr. Molinari.
H.R. 5064: Mr. Watt.
H.R. 5100: Mr. Ballenger, Mr. Costello, Mr. Crane, Mr.
DeLay, Mr. Emerson, Mr. Fields of Texas, Mr. Gordon, Mr.
Hamilton, Mr. Kyl, Mr. Sarpalius, and Mr. Talent.
H.R. 5111: Mr. Spratt, Mr. Serrano, and Mr. Andrews of New
Jersey.
H.R. 5128: Mr. Pryce of Ohio, Mr. Neal of North Carolina,
Mr. Stupak, and Mr. Rush.
H.R. 5130: Mr. Kyl and Mr. Santorum.
H.R. 5141: Mr. Sanders, Mr. Gonzalez, Mr. Kennedy, Mr.
McCloskey, Mr. Dellums, Mr. Jefferson, Mrs. Mink of Hawaii,
Mr. Owens, Ms. Woolsey, Mr. Hamburg, Mr. Conyers, Mr.
Moakley, Mr. Shays, Mr. Reynolds, Ms. McKinney, Mr. Flake,
Mr. Watt, Mr. Andrews of New Jersey, Mr. Leach, Mr.
Sangmeister, Mr. Barca of Wisconsin, Mr. McDermott, Mr.
Yates, Mr. Edwards of California, Mr. Beilenson, and Mr.
Hastings.
H.R. 5159: Ms. Shepherd and Mr. Fingerhut.
H.J. Res. 385: Mr. Sam Johnson, Mr. Abercrombie, and Mr.
Olver.
H.J. Res. 402: Mr. Wilson, Mr. Oxley, Mr. Sawyer, Mr.
Hefner, Mr. Emerson and Mr. Moran.
H.J. Res. 405: Mr. Sharp, Mr. Synar, Mr. Hall of Texas, Mr.
Richardson, Mr. Cooper, Mr. Rowland, Mr. Studds, Mr. Pallone,
Mr. Gene Green of Texas, Mr. Andrews of Texas, Mr. Hunter,
Mr. Spence, Mr. Shuster, Mr. Lancaster, Mr. Duncan, Mr.
Callahan, Mr. Boehlert, Mr. Lewis of California, Mr. Bryant,
Mr. Camp, Mr. Valentine, Mr. Tejeda, Mr. Ortiz, Mr. Sabo, Mr.
Wise, Mrs. Thurman, Mr. Barton of Texas, Mr. Gonzalez, Mr.
Montgomery, Mr. Hoekstra, Mr. Engel, Mr. Tanner, Mr. Pete
Geren of Texas, Mr. Ackerman, Mr. Bateman, Mr. Saxton, Ms.
Dunn, Mr. Coble, Mr. Parker, Mr. Coleman, Mr. Deal, Mr.
Orton, Mr. Bonilla, Mr. Abercrombie, Mr. Miller of
California, Mr. Hastings, Mr. McCollum, Mr. Poshard, Mr.
Dicks, and Mr. Rose.
H.J. Res. 411: Mr. Wilson, Mr. Hansen, Mrs. Morella, Mr.
Bateman, Mr. Fazio, Mr. Appelgate, Mr. McNulty, Mr.
Gejdenson, Mr. Walsh, Mr. Pickett, Mr. Costello, Mr.
Lancaster, Mr. McCloskey, Mr. Pallone, Mr. Gene Green of
Texas, Mr. Mann, Mr. Hobson, Mr. Roth, Mr. Andrews of New
Jersey, Mr. Castle, Mr. Frank of Massachusetts, Mr. Hinchey,
Mr. Skeen, Mr. Ackerman, Mr. Young of Alaska, Mr. Callahan,
Mr. Deutsch, Mr. Martinez, and Mr. Moorhead.
H.J. Res. 418: Mr. Reed, Ms. English of Arizona, Mr. Flake,
Mr. Sanders, Mrs. Kennelly, Mr. Petri, Ms. Lambert, Mr.
Waxman, Mr. McCandless, Mr. Hunter, Mr. Dixon, Ms. Eshoo, Mr.
Edwards of California, Mr. Fazio, Mr. Miller of California,
Ms. DeLauro, Mr. Gejdenson, Ms. Brown of Florida, Mr.
Gibbons, Mr. Peterson of Florida, Mrs. Fowler, Mr. Darden,
Mrs. Collins of Illinois, Mr. Costello, Mr. Poshard, Mr.
Rush, Mr. Fawell, Mr. Jacobs, Ms. Long, Mr. Smith of Iowa,
Mr. Myers of Indiana, Mr. Baesler, Mr. Barlow, Mr. Rogers,
Mr. Fields of Louisiana, Mr. Markey, Mr. Moakley, Mr. Barcia
of Michigan, Mr. Dingell, Mr. Camp, Mr. Thompson, Mr.
Skelton, Mr. Bilbray, Mr. Klein, Mr. Pallone, Mr. Smith of
New Jersey, Mr. Engel, Mr. McNulty, Ms. Slaughter, Ms.
Molinari, Mrs. Clayton, Mr. Regula, Mr. Fingerhut, Mr. Mann,
Mr. Kanjorski, Ms. Margolies-Mezvinsky, Mr. Murtha, Mr.
Goodling, Mr. Weldon, Mr. Derrick, Mr. Spratt, Mr. Quillen,
Mr. Edwards of Texas, Mr. de la Garza, Mr. Gonzalez, Mr. Hall
of Texas, Mr. Barton of Texas, Mrs. Byrne, Mr. Pickett, Mr.
Inslee, Mr. Mollohan, Mr. Rahall, Mr. Wise, and Mr. Barca of
Wisconsin.
H. Con. Res. 148: Mr. Shuster and Mr. Jefferson.
H. Con. Res. 173: Mr. Knollenberg, Mr. Callahan, Mr.
Regula, Mrs. Thurman, Mr. Goodling, Mr. Faleomavaega, Mr.
Wheat, Mrs. Meek of Florida, Mr. Lewis of Florida, Mrs.
Unsoeld, Mr. Sanders, Ms. Norton, Ms. Furse, and Mr. Sisisky.
H. Con. Res. 199: Mr. Bilirakis and Mr. Borski.
H. Con Res. 216: Mr. Skaggs, Mr. Leach, Mr. Rohrabacher,
Mr. Porter, Mr. McCurdy, Mr. Dornan, Mr. Schiff, Mr. Waxman,
Mr. Moran, and Mrs. Byrne.
H. Con. Res. 249: Mr. Klein, Mr. Andrews of New Jersey, Mr.
Fingerhut, Mr. Kopetski, Mr. Lewis of Georgia, Mr. Swett, Mr.
Packard, Mr. Hinchey, and Ms. Slaughter.
H. Con Res. 255: Ms. Eshoo.
H. Res. 372: Ms. Kaptur
H. Res. 519: Mr. Herger.
H. Res. 541: Mr. Brown of Ohio and Mr. Fingerhut.
H. Res. 546: Mr. Everett and Mr. Zimmer.
H. Res. 561: Mr. Moakley and Mr. Manton.
.
WEDNESDAY, OCTOBER 5, 1994 (120)
The House was called to order by the SPEAKER.
Para. 120.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Tuesday, October 4, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 120.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3908. A letter from the Director of Legislation, Department
of the Navy, transmitting notice that the Navy intends to
renew the lease of the Albert David (FF 1050), pursuant to 10
U.S.C. 7307(B)(2); to the Committee on Armed Services.
3909. A letter from the Director of Communications and
Legislative Affairs, Equal Employment Opportunity Commission,
transmitting the Commission's fiscal year 1993 annual report
on the operations of the Office of General Counsel, pursuant
to 42 U.S.C. 2000e-4(e); to the Committee on Education and
Labor.
3910. A letter from the Administrator, Environmental
Protection Agency, transmitting a report on nitrogen oxide
emissions and their control from uninstalled aircraft engines
in enclosed test cells, pursuant to 42 U.S.C. 7521(a)(3)(E);
to the Committee on Energy and Commerce.
3911. A letter from the Secretary of Energy, transmitting a
report on barriers to the increased utilization of coal
combustion, desulfurization byproducts by governmental and
commercial sectors; to the Committee on Energy and Commerce.
3912. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting copies of the original
report of political contributions by Jerome Gary Cooper, of
Alabama, to be Ambassador Extraordinary and Plenipotentiary
of the United States to Jamaica and members of his family,
pursuant to 22 U.S.C. 3944(b)(2); to the Committee on Foreign
Affairs.
3913. A letter from the Assistant Secretary of State for
Legislative Affairs, transmitting certification that no U.N.
agency or U.N. affiliated agency grants any official status,
accreditation, or recognition to any organization which
promotes, condones, or seeks the legalization of pedophilia,
or which includes as a subsidiary or member any such
organization, pursuant to Public Law 103-236, section 102(g);
to the Committee on Foreign Affairs.
3914. A communication from the President of the United
States, transmitting a report on sanctions on Vietnam,
pursuant to section 522 of the Foreign Relations
Authorization Act, fiscal years 1994 and 1995 (Public Law
103-236); to the Committee on Foreign Affairs.
3915. A letter from the Manager, Western Farm Credit Bank,
transmitting the Bank's 1993 annual report on Federal
Government pension plans, pursuant to 31 U.S.C.
9503(a)(1)(B); to the Committee on Government Operations.
3916. A letter from the Secretary of Transportation,
transmitting the Department's annual report on relative cost
of shipbuilding for fiscal year 1993; to the Committee on
Merchant Marine and Fisheries.
3917. A communication from the President of the United
States, transmitting notification of the intent of the
Department of Defense to make purchases and purchase
commitments, and to enter into cost sharing arrangements for
equipment to develop manufacturing processes under the
Defense Production Act of 1950, pursuant to 50 U.S.C. App.
2093 (H. Doc. No. 103-322); jointly, to the Committees on
Appropriations and Banking, Finance and Urban Affairs, and
ordered to be printed.
3918. A letter from the Administrator, Federal Aviation
Administration, transmitting the FAA report of progress on
developing and certifying the Traffic Alert and Collision
Avoidance System [TCAS] for the period April through June
1994, pursuant to Public Law 100-223, section 203(b) (101
Stat. 1518); jointly, to the Committees on Public Works and
Transportation and Science, Space, and Technology.
Para. 120.3 providing for the consideration of h. con. res. 301
Mr. DERRICK, by direction of the Committee on Rules, called up the
following resolution (H. Res. 563):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the State of the Union for consideration of
the concurrent resolution (H. Con. Res. 301) expressing the
sense of the Congress regarding entitlements. General debate
shall be confined to the concurrent resolution and the
amendments made in order by this resolution and shall not
exceed one hour equally divided and controlled by the
chairman and ranking minority member of the Committee on
Government Operations. After general debate the concurrent
resolution shall be considered for amendment under the five-
minute rule and shall be considered as read, and the question
on adopting the amendment numbered 1 in the report of the
Committee on Rules accompanying this resolution shall be
considered as pending without intervening motion or debate.
No
[[Page 2334]]
other amendment shall be in order except those printed in the
report of the Committee on Rules. Each other amendment may be
offered only in the order printed in the report, may be
offered only by a Member designated in the report, shall be
considered as read, shall be debatable for the time specified
in the report equally divided and controlled by the proponent
and an opponent, and shall not be subject to amendment. All
points of order against amendments printed in the report are
waived. At the conclusion of consideration of the concurrent
resolution for amendment, the Committee shall rise and report
the concurrent resolution to the House with such amendments
as may have been adopted. The previous question shall be
considered as ordered on the concurrent resolution and
amendments thereto to final adoption without intervening
motion or demand for division of the question.
When said resolution was considered.
After debate,
On motion of Mr. DERRICK, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. FIELDS of Louisiana, announced that the
yeas had it.
Mr. GOSS objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
83
When there appeared
<3-line {>
Nays
339
Para. 120.4 [Roll No. 483]
YEAS--83
Bacchus (FL)
Barca
Berman
Bonior
Browder
Bryant
Clement
Collins (IL)
Conyers
Cooper
Coppersmith
Coyne
Darden
Deal
Derrick
Deutsch
Dixon
Dooley
Edwards (CA)
Fazio
Foglietta
Frank (MA)
Frost
Gephardt
Gibbons
Hamilton
Hansen
Hastings
Hoagland
Hoyer
Hutto
Jacobs
Johnston
Kanjorski
Kennedy
Kleczka
Klink
LaFalce
Lambert
LaRocco
Lloyd
Long
Mann
Margolies-Mezvinsky
Martinez
Matsui
Mazzoli
McDermott
Meehan
Miller (CA)
Mineta
Minge
Moakley
Montgomery
Moran
Murphy
Neal (NC)
Oberstar
Olver
Orton
Parker
Payne (VA)
Pelosi
Penny
Pickle
Reynolds
Rostenkowski
Sabo
Sangmeister
Sawyer
Shepherd
Stark
Stenholm
Swift
Tanner
Taylor (MS)
Torres
Valentine
Vento
Visclosky
Watt
Waxman
Williams
NAYS--339
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Borski
Boucher
Brewster
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
de la Garza
DeFazio
DeLauro
DeLay
Dellums
Diaz-Balart
Dickey
Dicks
Dingell
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Furse
Gallegly
Gejdenson
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hancock
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Huffington
Hughes
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Inslee
Istook
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Kaptur
Kasich
Kennelly
Kildee
Kim
King
Kingston
Klein
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
Lancaster
Lantos
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lowey
Lucas
Machtley
Maloney
Manton
Manzullo
Markey
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (FL)
Mink
Molinari
Mollohan
Moorhead
Morella
Murtha
Myers
Nadler
Neal (MA)
Nussle
Obey
Ortiz
Owens
Oxley
Packard
Pallone
Pastor
Paxon
Payne (NJ)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sanders
Santorum
Sarpalius
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stokes
Strickland
Studds
Stump
Stupak
Swett
Synar
Talent
Tauzin
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torricelli
Towns
Traficant
Unsoeld
Upton
Velazquez
Volkmer
Vucanovich
Walker
Walsh
Waters
Weldon
Wheat
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--12
Barcia
Clayton
Ford (MI)
Gallo
Hamburg
McNulty
Sharp
Slattery
Sundquist
Tucker
Washington
Whitten
So the resolution was not agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 120.5 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed without amendment bills of the House of the
following titles:
H.R. 810. An Act for the relief of Elizabeth Hill;
H.R. 2902. An Act to amend the District of Columbia Self-
Government and Governmental Reorganization Act to reauthorize
the annual Federal payment to the District of Columbia for
fiscal year 1996, and for other purposes;
H.R. 4308. An Act to authorize appropriations to assist in
carrying out the North American Wetlands Conservation Act for
fiscal years 1995 through 1998, and for other purposes;
H.J. Res. 389. Joint resolution to designate the second
Sunday in October of 1994 as ``National Children's Day'';
H.J. Res. 398. Joint resolution to establish the fourth
Sunday of July as ``Parents' Day'';
H.J. Res. 401. Joint resolution designating the month of
March 1995 and March 1996 as ``Irish-American Heritage
Month''; and
H.J. Res. 415. Joint resolution designating the week
beginning October 16, 1994, as ``National Penny Charity
Week.''
The message also announced that the Senate had passed with amendments
in which the concurrence of the House is requested a bill of the House
of the following title:
H.R. 4709. An Act to make certain technical corrections,
and for other purposes.
The message also announced that the Senate agreed to the amendment of
the House to the amendment of the Senate to the bill (H.R. 4217) ``An
Act to reform the Federal crop insurance program, and for other
purposes.''
The message also announced that the Senate agreed to the amendment of
the House to the bill (S. 2406) entitled ``An Act to amend title 17,
United States Code, relating to the definition of a local service area
of a primary transmitter, and for other purposes.''
The message also announced that the Senate had passed bills and a
concurrent resolution of the following titles, in which the concurrence
of the House is requested:
S. 340. An Act to amend the Federal Food, Drug, and
Cosmetic Act to clarify the application of the Act with
respect to alternate uses of new animal drugs and new drugs
intended for human use, and for other purposes;
S. 927. An Act for the relief of Wade Bomar, and for other
purposes;
S. 1216. An Act to resolve the 107th meridian boundary
dispute between the Crow Indian Tribe and the United States;
S. 2341. An Act to amend chapter 30 of title 35, United
States Code, to afford third parties an opportunity for
greater participation in reauthorization proceedings before
the United States Patent and Trademark Office, and for other
purposes;
[[Page 2335]]
S. 2457. An Act for the relief of Benchmark Rail Group,
Inc;
S. 2475. An Act to authorize assistance to promote the
peaceful resolution of conflicts in Africa;
S. 2500. An Act to enable producers and feeders of sheep
and importers of sheep and sheep products to develop,
finance, and carry out a nationally coordinated program for
sheep and sheep product promotion, research, and information,
and for other purposes; and
S. Con. Res. 77. Concurrent Resolution Expressing the sense
of Congress regarding the United States position on the
disinsection of aircraft at the 11th meeting of the
Facilitation Division of the International Civil Aviation
Organization.
Para. 120.6 order of business--consideration of h.j. res. 416
On motion of Mr. GEJDENSON, by unanimous consent,
Ordered, That at any time hereafter the Speaker may, pursuant to
clause 1(b) of rule XXIII, declare the House resolved into the Committee
of the Whole House on the state of the Union for consideration of House
Joint Resolution 416; that the first reading of the joint resolution be
dispensed with; that all points of order against the joint resolution
and against its consideration be waived; that general debate be confined
to the joint resolution and not to exceed four hours, equally divided
and controlled by the chairman and ranking minority member of the
Committee on Foreign Affairs, or their designees; that after general
debate the Committee of the Whole rise without motion; and that no
further consideration of the joint resolution be in order except
pursuant to a subsequent order of the House.
Para. 120.7 timber sales receipts
On motion of Mr. DICKS, by unanimous consent, the Committee on
Agriculture and the Committee on Natural Resources were discharged from
further consideration of the bill (H.R. 5161) to amend the Omnibus
Budget Reconciliation Act of 1993 to permit the prompt sharing of timber
sale receipts of the Forest Service and the Bureau of Land Management.
When said bill was considered, read twice, ordered to be engrossed and
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 120.8 providing for the consideration of h.r. 5044
Mr. MOAKLEY, by direction of the Committee on Rules, called up the
following resolution (H. Res. 562):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 5044) to establish the American Heritage Areas
Partnership Program, and for other purposes. The first
reading of the bill shall be dispensed with. General debate
shall be confined to the bill and shall not exceed one hour
equally divided and controlled by the chairman and ranking
minority member of the Committee on Natural Resources. After
general debate the bill shall be considered for amendment
under the five-minute rule for a period not to exceed three
hours (excluding time consumed by recorded votes and
proceedings incidental thereto). Each section shall be
considered as read. No amendment to the bill shall be in
order unless printed in the portion of the Congressional
Record designated for that purpose in clause 6 of rule XXIII
before the beginning of consideration of the bill. Any
amendment to the bill caused to be printed in the Record by
Representative Vento of Minnesota may amend portions of the
bill not yet read for amendment. At the conclusion of
consideration of the bill for amendment the Committee shall
rise and report the bill to the House with such amendments as
may have been adopted. The previous question shall be
considered as ordered on the bill and amendments thereto to
final passage without intervening motion except one motion to
recommit.
When said resolution was considered.
After debate,
By unanimous consent, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 120.9 american heritage areas partnership program
The SPEAKER pro tempore, Mr. TORRICELLI, pursuant to House Resolution
562 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the consideration of the
bill (H.R. 5044) to establish the American Heritage Areas Partnership
Program, and for other purposes.
The SPEAKER pro tempore, Mr. TORRICELLI, by unanimous consent,
designated Mr. MENENDEZ as Chairman of the Committee of the Whole; and
after some time spent therein,
Para. 120.10 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. REGULA to the
amendments en bloc submitted by Mr. TAUZIN:
Amendment submitted by Mr. REGULA:
In the en bloc amendments offered by Mr. Tauzin to H.R.
5044, in the amendments to section 105--
(1) Strike ``Private Property Owners'' and insert ``Local
Governments'';
(2) strike ``privately owned property'' and insert
``county, city, or town''; and
(3) strike ``area unless'' and all that follows through the
period and insert the following ``boundaries of the area
unless the government of such county, city, or town agrees to
be so included and submits notification of such agreement to
the Secretary.''
In the en bloc amendments offered by Mr. Tauzin to H.R.
5044, in the amendments offered to section 106--
(1) strike ``line 19'' and all that follows through ``own
the property.'' and insert the following ``strike lines 13
through 19 and redesignate the following subparagraphs
accordingly.''; and
(2) strike ``Page 15, line 18'' and all that follows
through ``line 3 on page 17.''
In the en bloc amendments offered by Mr. Tauzin to H.R.
5044, in the amendments to section 107, strike ``Page 18,
beginning'' and all that follows through ``line 23 and insert
a period.''
In the en bloc amendments offered by Mr. Tauzin to H.R.
5044, in the amendments to section 108, strike ``Page 24,
line 14'' and all that follows through ``insert
`107(c)(1)'.''.
In the en bloc amendments offered by Mr. Tauzin to H.R.
5044, in the amendments to section 109--
)1) strike ``Page 25, strike'' and all that follows through
line 3; and
(2) strike ``Page 29'' and all that follows through ``page
30.'' and insert the following:
Page 30, line 3, insert ``and'' after the semicolon.
Page 30, line 7, delete ``with the'' and all that follows
through line 14 and insert the following. ``to minimize any
real or potential adverse impact on an American Heritage
Area.''.
Amendments en bloc submitted by Mr. TAUZIN:
Page 9, after line 24, insert the following:
(9) Consent of private property owners.--No privately owned
property shall be included within the area unless informed
written consent to such inclusion is submitted to the
management entity for the proposed American Heritage Area by
all of the persons who own the property.
Page 14, line 19, after the period insert the following:
``No privately owned property shall be included in such list
unless informed written consent to such inclusion is
submitted to the management entity for the area by all of the
persons who own the property.''
Page 15, line 18, strike ``approval'' and insert
``submission''.
Page 16, strike line 1 and all that follows through line 2
and insert the following:
(b) Approval and Disapproval of Compacts.--
Page 16, line 7, strike ``or management plan''.
Page 16, line 8, strike ``or''.
Page 16, line 9, strike ``management plan''.
Page 16, line 10, strike ``or plan''.
Page 16, line 15, strike ``or management plan''.
Page 16, line 19, strike ``or plan''.
Page 16, line 21, strike ``or plan''.
Page 16, strike line 23 and all that follows through line 3
on page 17.
Page 18, beginning on line 20, strike ``for approval''.
Page 20, line 22, strike ``for the'' and all that follows
through line 23 and insert a period.
Page 19, line 22, insert ``and'' after the semicolon.
Page 20, line 2, strike ``; and'' and insert a period.
Page 20, strike line 3 and all that follows through line 6.
Page 24, line 14, strike ``approved'' and insert
``submitted''.
Page 24, line 15, strike ``106(b)'' and insert
``107(c)(1)''.
Page 25, strike line 13 and all that follows through line
15 and insert the following:
SEC. 109. DUTIES AND AUTHORITIES OF SECRETARY.
The duties and authorities of the Secretary under this
title shall include the following:
Page 25, line 16, insert ``(A)'' after ``Grants.--''.
Page 26, after line 4, insert the following:
(B) The Secretary may not, as a condition of the award of a
grant under this section, require any recipient of such a
grant to enact or modify land use restrictions.
[[Page 2336]]
Page 29, strike line 19 and all that follows through line
14 on page 30.
It was decided in the
Yeas
222
<3-line {>
affirmative
Nays
202
Para. 120.11 [Roll No. 484]
AYES--222
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Bereuter
Berman
Bilbray
Blute
Boehlert
Bonior
Borski
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Clay
Clayton
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Costello
Coyne
Darden
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Durbin
Edwards (CA)
Ehlers
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Furse
Gejdenson
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Greenwood
Gutierrez
Hall (OH)
Hamburg
Hastings
Hinchey
Hoagland
Hobson
Hoyer
Hughes
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
King
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lantos
LaRocco
Lazio
Levin
Levy
Lewis (GA)
Livingston
Lloyd
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCollum
McHale
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Mfume
Michel
Miller (CA)
Mineta
Mink
Moakley
Molinari
Mollohan
Moran
Morella
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Owens
Oxley
Pallone
Pastor
Payne (NJ)
Pelosi
Pickle
Porter
Portman
Price (NC)
Pryce (OH)
Quillen
Rahall
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Rogers
Romero-Barcelo (PR)
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Skaggs
Slaughter
Spence
Spratt
Stark
Stokes
Studds
Swift
Synar
Thompson
Torkildsen
Torres
Torricelli
Towns
Traficant
Underwood (GU)
Unsoeld
Velazquez
Vento
Visclosky
Waters
Watt
Waxman
Weldon
Wheat
Williams
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (FL)
Zimmer
NOES--202
Allard
Andrews (NJ)
Archer
Armey
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barrett (NE)
Bartlett
Barton
Bentley
Bilirakis
Bishop
Bliley
Boehner
Bonilla
Brewster
Brooks
Bunning
Burton
Buyer
Calvert
Camp
Canady
Carr
Castle
Chapman
Clement
Coble
Collins (GA)
Combest
Condit
Cooper
Cox
Crane
Crapo
Cunningham
Danner
de la Garza
DeLay
Diaz-Balart
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Emerson
Everett
Ewing
Fawell
Fazio
Fields (LA)
Fields (TX)
Fowler
Frost
Gallegly
Gekas
Geren
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Johnson, Sam
Kasich
Kim
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lambert
Lancaster
Laughlin
Leach
Lehman
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Long
Lucas
Manzullo
McCandless
McCrery
McCurdy
McDade
McHugh
McInnis
McKeon
Meyers
Mica
Miller (FL)
Minge
Montgomery
Moorhead
Murphy
Nussle
Ortiz
Orton
Packard
Parker
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Poshard
Quinn
Ramstad
Roberts
Roemer
Rohrabacher
Ros-Lehtinen
Roth
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schenk
Schiff
Sensenbrenner
Shuster
Sisisky
Skeen
Skelton
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Stearns
Stenholm
Strickland
Stump
Stupak
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thornton
Thurman
Upton
Valentine
Volkmer
Vucanovich
Walker
Walsh
Wilson
Young (AK)
Zeliff
NOT VOTING--15
Bachus (AL)
Bevill
Blackwell
Browder
Callahan
Cramer
Fish
Gallo
Hilliard
McDermott
Slattery
Sundquist
Tucker
Washington
Whitten
So the amendment to the amendments en bloc was agreed to.
After some further time,
Para. 120.12 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. RAHALL to the
amendment submitted by Mr. TAUZIN:
Amendment submitted by Mr. RAHALL:
In the amendment offered by Mr. Tauzin to page 23 of
section 107 of H.R. 5044, on line 5, strike ``an
administrative'' and all that follows through line 10 and
insert the following:
a process to provide information to the owners of private
property with respect to obtaining just compensation due as a
result of a taking of private property under the Fifth
Amendment of the Constitution of the United States.
Amendment submitted by Mr. TAUZIN:
Page 23, after line 24, insert the following:
(g) Protection of Private Property.--The management entity
for an American Heritage Area shall publish procedures to
ensure that the rights of owners of private property are
protected. Such procedures shall include an administrative
process to provide compensation to the owner of private
property if the use or value of all or any portion of the
private property is substantially diminished as a result of
the designation of the American Heritage Area or the
management plan for the American Heritage Area.
It was decided in the
Yeas
234
<3-line {>
affirmative
Nays
187
Para. 120.13 [Roll No. 485]
AYES--234
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Bereuter
Berman
Bilbray
Blute
Boehlert
Bonior
Borski
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Buyer
Byrne
Cantwell
Cardin
Clay
Clayton
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Costello
Coyne
Darden
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Durbin
Edwards (CA)
Ehlers
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fawell
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Furse
Gejdenson
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Glickman
Gonzalez
Greenwood
Gutierrez
Hall (OH)
Hamburg
Harman
Hastings
Hefner
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoke
Holden
Hoyer
Hughes
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
King
Kleczka
Klein
Klink
Kopetski
Kreidler
Lantos
LaRocco
Lazio
Levin
Levy
Lewis (GA)
Lloyd
Lowey
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDade
McDermott
McHale
McKinney
Meehan
Meek
Menendez
Meyers
Mfume
Michel
Miller (CA)
Mineta
Mink
Moakley
Molinari
Mollohan
Moran
Morella
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Owens
Oxley
Pallone
Pastor
Payne (NJ)
Pelosi
Pickle
Porter
Portman
Price (NC)
Pryce (OH)
Quillen
Rahall
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Rogers
Romero-Barcelo (PR)
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sawyer
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Skaggs
Slaughter
Smith (NJ)
Snowe
Spratt
Stark
Stokes
Strickland
Studds
Swett
Swift
Synar
Thompson
Thornton
Torkildsen
Torres
Torricelli
Towns
Traficant
Underwood (GU)
Unsoeld
Velazquez
Vento
Visclosky
Waters
Watt
Waxman
Weldon
Wheat
Williams
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (FL)
Zimmer
NOES--187
Allard
Andrews (NJ)
Archer
Armey
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bentley
Bilirakis
Bishop
Bliley
Boehner
Bonilla
Brewster
[[Page 2337]]
Brooks
Bunning
Calvert
Camp
Canady
Castle
Clement
Coble
Collins (GA)
Combest
Condit
Cooper
Cox
Crane
Crapo
Cunningham
Danner
de la Garza
DeLay
Diaz-Balart
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Emerson
Everett
Ewing
Fazio
Fields (LA)
Fields (TX)
Fowler
Frost
Gallegly
Gekas
Geren
Gingrich
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hoekstra
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Johnson, Sam
Kim
Kingston
Klug
Knollenberg
Kolbe
Kyl
LaFalce
Lambert
Lancaster
Laughlin
Leach
Lehman
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Long
Lucas
Manzullo
McCandless
McCollum
McCrery
McCurdy
McHugh
McInnis
McKeon
McMillan
McNulty
Mica
Miller (FL)
Minge
Montgomery
Moorhead
Murphy
Myers
Nussle
Ortiz
Orton
Packard
Parker
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Poshard
Quinn
Ramstad
Roberts
Roemer
Rohrabacher
Ros-Lehtinen
Roth
Royce
Sarpalius
Saxton
Schaefer
Schenk
Schiff
Sensenbrenner
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (IA)
Smith (MI)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stenholm
Stump
Stupak
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thurman
Upton
Valentine
Volkmer
Vucanovich
Walker
Walsh
Wilson
Young (AK)
Zeliff
NOT VOTING--18
Bachus (AL)
Bevill
Blackwell
Browder
Burton
Callahan
Carr
Chapman
Cramer
Gallo
Hilliard
Jacobs
Ridge
Slattery
Sundquist
Tucker
Washington
Whitten
So the amendment to the amendment was agreed to.
After some further time,
The SPEAKER pro tempore, Mr. HOYER, assumed the Chair.
When Mr. MENENDEZ, Chairman, pursuant to House Resolution 562,
reported the bill back to the House with sundry amendments adopted by
the Committee.
The previous question having been ordered by said resolution.
The following amendments, reported from the Committee of the Whole
House on the state of the Union, were agreed to:
Page 12, after line 13, insert the following:
(E) An inventory of the amount of land in the area owned by
public, private, and private nonprofit entities,
respectively.
Page 17, after line 3, insert the following:
(4) No requirement for land use regulation as condition for
approval.--No provision of this title shall be construed to
require any change in land use regulation as a condition of
approval of a compact, management plan, or revision of a
compact or management plan by the Secretary.
Page 26, line 2, insert ``under this section'' after
``grants''.
Page 29, line 20, strike ``directly affecting'' and insert
``within''.
Page 31, line 20, strike ``$10,000,000'' and insert
``$8,000,000''.
Page 33, line 15, strike ``$25,000,000'' and insert
``$14,500,000''.
Page 53, strike lines 11 through 16 and insert the
following:
(d) Boundaries.--
(1) In general.--Except as otherwise provided in paragraph
(2), the Heritage Area shall be comprised of the lands
generally depicted on the map entitled ``Hudson River Valley
National Heritage Area'', numbered P50--8002, and dated
August 1994. The map shall be on file and available for
public inspection in the office of the Director of the
National Park Service.
(2) Local agreement to inclusion.--Each of the following
counties, cities, and towns in the State of New York shall
not be included within the boundaries of the Heritage Area
unless the government of such county, city, or town agrees to
be so included and submits notification of such agreement to
the Secretary:
(A) The counties of Greene and Columbia.
(B) Any city or town within the county of Greene or
Columbia.
(C) The counties of Rensselaer and Dutchess.
(D) Any city or town (except the town of Hyde Park) within
the county of Rensselaer or Dutchess and located entirely
within the 22d Congressional District of New York.
Page 72, line 17, strike ``additional''.
Page 72, line 18, strike ``, which the city'' and all that
follows through ``provision of law,''on line 20.
Page 72, line 23, after ``subsection'' insert the
following: ``, unless the city is obligated to perform the
work or pay the expenses under a statute other than this
Act''.
Page 103, after line 10, insert the following:
TITLE VII--BUY AMERICAN POLICY
SEC. 701. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.
(a) Sense of the Congress.--It is the sense of the Congress
that, to the greatest extent practicable, all equipment and
products purchased with funds made available under this Act
should be American-made.
(b) Notice Requirement.--In using funds made available
under this Act to provide financial assistance to, or enter
into any contract with, any entity, the Secretary, to the
greatest extent practicable, shall provide to the entity a
notice describing the statement made by the Congress in
subsection (a).
In the en bloc amendments offered by Mr. Tauzin to H.R.
5044, in the amendments to section 105--
(1) Strike ``Private Property Owners'' and insert ``Local
Governments'';
(2) strike ``privately owned property'' and insert
``county, city, or town''; and
(3) strike ``area unless'' and all that follows through the
period and insert the following ``boundaries of the area
unless the government of such county, city, or town agrees to
be so included and submits notification of such agreement to
the Secretary.''
In the en bloc amendments offered by Mr. Tauzin to H.R.
5044, in the amendments offered to section 106--
(1) strike ``line 19'' and all that follows through ``own
the property.'' and insert the following ``strike lines 13
through 19 and redesignate the following subparagraphs
accordingly.''; and
(2) strike ``Page 15, line 18'' and all that follows
through ``line 3 on page 17.''
In the en bloc amendments offered by Mr. Tauzin to H.R.
5044, in the amendments to section 107, strike ``Page 18,
beginning'' and all that follows through ``line 23 and insert
a period.''
In the en bloc amendments offered by Mr. Tauzin to H.R.
5044, in the amendments to section 108, strike ``Page 24,
line 14'' and all that follows through ``insert
`107(c)(1)'.''.
In the en bloc amendments offered by Mr. Tauzin to H.R.
5044, in the amendments to section 109--
)1) strike ``Page 25, strike'' and all that follows through
line 3; and
(2) strike ``Page 29'' and all that follows through ``page
30.'' and insert the following:
Page 30, line 3, insert ``and'' after the semicolon.
Page 30, line 7, delete ``with the'' and all that follows
through line 14 and insert the following. ``to minimize any
real or potential adverse impact on an American Heritage
Area.''.
Page 9, after line 24, insert the following:
(9) Consent of private property owners.--No privately owned
property shall be included within the area unless informed
written consent to such inclusion is submitted to the
management entity for the proposed American Heritage Area by
all of the persons who own the property.
Page 14, line 19, after the period insert the following:
``No privately owned property shall be included in such list
unless informed written consent to such inclusion is
submitted to the management entity for the area by all of the
persons who own the property.''
Page 15, line 18, strike ``approval'' and insert
``submission''.
Page 16, strike line 1 and all that follows through line 2
and insert the following:
(b) Approval and Disapproval of Compacts.--
Page 16, line 7, strike ``or management plan''.
Page 16, line 8, strike ``or''.
Page 16, line 9, strike ``management plan''.
Page 16, line 10, strike ``or plan''.
Page 16, line 15, strike ``or management plan''.
Page 16, line 19, strike ``or plan''.
Page 16, line 21, strike ``or plan''.
Page 16, strike line 23 and all that follows through line 3
on page 17.
Page 18, beginning on line 20, strike ``for approval''.
Page 20, line 22, strike ``for the'' and all that follows
through line 23 and insert a period.
Page 19, line 22, insert ``and'' after the semicolon.
Page 20, line 2, strike ``; and'' and insert a period.
Page 20, strike line 3 and all that follows through line 6.
Page 24, line 14, strike ``approved'' and insert
``submitted''.
Page 24, line 15, strike ``106(b)'' and insert
``107(c)(1)''.
Page 25, strike line 13 and all that follows through line
15 and insert the following:
SEC. 109. DUTIES AND AUTHORITIES OF SECRETARY.
The duties and authorities of the Secretary under this
title shall include the following:
Page 25, line 16, insert ``(A)'' after ``Grants.--''.
Page 26, after line 4, insert the following:
(B) The Secretary may not, as a condition of the award of a
grant under this section, require any recipient of such a
grant to enact or modify land use restrictions.
Page 29, strike line 19 and all that follows through line
14 on page 30.
In the amendment offered by Mr. Tauzin to page 23 of
section 107 of H.R. 5044, on line 5, strike ``an
administrative'' and all that follows through line 10 and
insert the following:
a process to provide information to the owners of private
property with respect to obtaining just compensation due as a
result of a taking of private property under the Fifth
Amendment of the Constitution of the United States.
[[Page 2338]]
Page 23, after line 24, insert the following:
(g) Protection of Private Property.--The management entity
for an American Heritage Area shall publish procedures to
ensure that the rights of owners of private property are
protected. Such procedures shall include an administrative
process to provide compensation to the owner of private
property if the use or value of all or any portion of the
private property is substantially diminished as a result of
the designation of the American Heritage Area or the
management plan for the American Heritage Area.
Page 35, after line 11, insert the following:
SEC. 115. FISHING AND HUNTING SAVINGS CLAUSE.
(a) No Diminishment of State Authority.--The designation of
an American Heritage Area shall not diminish the authority of
the affected State or States to manage fish and wildlife,
including the regulation of fishing and hunting within such
Area.
(b) No Conditioning of Approval and Assistance.--
Limitations on fishing, hunting, or trapping may not be made
a condition for the approval of a compact or management plan,
the provision of assistance for early actions pursuant to
section 106 (a)(4), the determination of eligibility for
Federal funds, or the receipt, in connection with the
American Heritage Area status of an area, of any other form
of assistance from the Secretary or other Federal agencies.
Page 18, after line 4, insert the following:
(3) Membership.--A management entity for an American
Heritage Area should, to the fullest extent possible, consist
of diverse governmental, business, and nonprofit groups
within the geographic area of the American Heritage Area.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. HOYER, announced that the yeas had it.
Mr. VENTO demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
281
<3-line {>
affirmative
Nays
137
Para. 120.14 [Roll No. 486]
YEAS--281
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Baker (LA)
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Bereuter
Berman
Bilbray
Bishop
Blackwell
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Castle
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Costello
Coyne
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dunn
Durbin
Edwards (CA)
Ehlers
Engel
English
Eshoo
Evans
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Green
Greenwood
Gutierrez
Hall (OH)
Hamburg
Hamilton
Hansen
Harman
Hastings
Hefley
Hefner
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoke
Holden
Horn
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
King
Kleczka
Klein
Klink
Kolbe
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (GA)
Lipinski
Livingston
Lloyd
Long
Lowey
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCrery
McCurdy
McDade
McDermott
McHale
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Michel
Miller (CA)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Owens
Oxley
Packard
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickle
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Rahall
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roemer
Rogers
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Shuster
Skaggs
Slaughter
Smith (NJ)
Snowe
Spence
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tauzin
Tejeda
Thompson
Thornton
Torkildsen
Torres
Torricelli
Towns
Traficant
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Williams
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Zimmer
NAYS--137
Allard
Andrews (NJ)
Archer
Armey
Baker (CA)
Ballenger
Barca
Barcia
Barrett (NE)
Bartlett
Barton
Bentley
Bilirakis
Bliley
Boehner
Bonilla
Brooks
Bunning
Burton
Buyer
Calvert
Camp
Canady
Chapman
Coble
Collins (GA)
Combest
Condit
Cooper
Cox
Crane
Crapo
Cunningham
DeLay
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Edwards (TX)
Emerson
Everett
Ewing
Fields (TX)
Fowler
Gallegly
Gekas
Geren
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Gunderson
Hall (TX)
Hancock
Hastert
Hayes
Herger
Hoekstra
Houghton
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson, Sam
Kim
Kingston
Klug
Knollenberg
Kyl
Laughlin
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lucas
Manzullo
McCandless
McCollum
McHugh
McInnis
McKeon
Mica
Miller (FL)
Moorhead
Myers
Nussle
Orton
Parker
Paxon
Petri
Pickett
Pombo
Quinn
Ramstad
Roberts
Rohrabacher
Roth
Royce
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Sisisky
Skeen
Skelton
Smith (IA)
Smith (MI)
Smith (OR)
Smith (TX)
Solomon
Stearns
Stenholm
Stump
Talent
Tanner
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Thurman
Upton
Valentine
Vucanovich
Walker
Wilson
Young (AK)
Young (FL)
Zeliff
NOT VOTING--16
Bachus (AL)
Bevill
Browder
Callahan
Carr
Cramer
Gallo
Hilliard
Machtley
Maloney
Ridge
Slattery
Sundquist
Tucker
Washington
Whitten
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 120.15 order of business--modification of suspension
On motion of Mr. KILDEE, by unanimous consent,
Ordered, That the motion to suspend the rules and pass the bill of the
Senate (S. 1614) to amend the Child Nutrition Act of 1966 and the
National Lunch Act to promote healthy eating habits for children and to
extend certain authorities contained in such Acts through fiscal year
1998, and for other purposes, be modified as follows:
(1) Page 11, line 12, after ``subsection (a)(1)(A)(ii)'',
insert ``and section 4(e)(1)''.
(2) Page 47, line 23, strike ``subsection'' and insert
``section''.
(3) Page 47, line 24, strike ``$1,700,000'' and insert
``$1,800,000''.
(4) Page 47, line 24, strike ``$2,400,000'' and insert
``$2,600,000''.
(5) Page 47, line 25, strike ``$2,900,000'' and insert
``$3,100,000''.
(6) Page 48, line 1, strike ``$3,300,000'' and insert
``$3,400,000''.
(7) Page 56, line 6, strike ``$375,000'' and insert
``$475,000''.
(8) Page 56, line 7, strike ``$425,000'' and insert
``$525,000''.
(9) Page 74, beginning on line 8, strike ``, $1,900,000''
and all that follows through ``1999'' on line 11 and insert
``and $2,000,000 for fiscal year 1996''.
(10) Page 87, beginning on line 18, strike $150,000'' and
all that follows through ``1998'' on line 20 and insert
``$200,000 for each of fiscal years 1995 and 1996, $150,000
for fiscal year 1997, and $100,000 for fiscal year 1998''.
Para. 120.16 s. 986--unfinished business
The SPEAKER pro tempore, Mr. VISCLOSKY, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and pass the bill of the Senate (S. 986) to provide for an interpretive
center at the Civil War Battlefield of Corinth, Mississippi, and for
other purposes; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
[[Page 2339]]
The vote was taken by electronic device.
It was decided in the
Yeas
363
<3-line {>
affirmative
Nays
45
Para. 120.17 [Roll No. 487]
YEAS--363
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bereuter
Berman
Bilbray
Bilirakis
Bishop
Blackwell
Blute
Boehlert
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Calvert
Canady
Cantwell
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Dornan
Dreier
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodling
Gordon
Grandy
Green
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastert
Hastings
Hayes
Hefner
Herger
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoke
Holden
Horn
Houghton
Hoyer
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Leach
Lehman
Levin
Levy
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Michel
Miller (CA)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Olver
Ortiz
Owens
Oxley
Packard
Pallone
Parker
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (MN)
Petri
Pickett
Pickle
Pomeroy
Portman
Poshard
Price (NC)
Quillen
Quinn
Rahall
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roberts
Roemer
Rogers
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Rush
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Strickland
Studds
Stump
Stupak
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Torkildsen
Torricelli
Towns
Traficant
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Wise
Woolsey
Wyden
Wynn
Young (AK)
Young (FL)
Zimmer
NAYS--45
Allard
Archer
Armey
Baker (CA)
Bliley
Boehner
Camp
Coble
Crane
DeFazio
DeLay
Doolittle
Duncan
Ehlers
Fawell
Fields (TX)
Goodlatte
Goss
Grams
Greenwood
Hancock
Hansen
Hefley
Hoekstra
Huffington
Inglis
Klug
Lazio
Manzullo
Margolies-Mezvinsky
Mica
Miller (FL)
Orton
Pombo
Porter
Pryce (OH)
Ramstad
Rohrabacher
Royce
Sensenbrenner
Taylor (NC)
Thomas (WY)
Upton
Williams
Zeliff
NOT VOTING--26
Bachus (AL)
Bentley
Bevill
Browder
Callahan
Carr
Cramer
Frank (MA)
Gallo
Hilliard
Lewis (CA)
McDade
Obey
Pastor
Peterson (FL)
Ridge
Sabo
Slattery
Stokes
Sundquist
Torres
Tucker
Washington
Wilson
Wolf
Yates
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
Para. 120.18 h.r. 5116--unfinished business
The SPEAKER pro tempore, Mr. VISCLOSKY, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 5116) to amend title 11 of the United
States Code; as amended.
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. VISCLOSKY, announced that two-thirds of
those present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 120.19 h.r. 4922--unfinished business
The SPEAKER pro tempore, Mr. VISCLOSKY, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 4922) to amend title 18, United States
Code, to make clear a telecommunications carrier's duty to cooperate in
the interception of communications for law enforcement purposes, and for
other purposes; as amended.
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. VISCLOSKY, announced that two-thirds of
those present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 120.20 s. 1457--unfinished business
The SPEAKER pro tempore, Mr. VISCLOSKY, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill of the Senate (S. 1457) to amend the
Aleutian and Privilof Restitution Act to increase authorization for
appropriation to compensate Aleut villages for church property lost,
damaged, or destroyed during World War II; as amended.
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. VISCLOSKY, announced that two-thirds of
those present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
Para. 120.21 s. 922--unfinished business
The SPEAKER pro tempore, Mr. VISCLOSKY, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill of the Senate (S. 922) to provide that a
State court may not modify an order of another State
[[Page 2340]]
court requiring the payment of child support unless the recipient of
child support payments resides in the State in which the modification is
sought or consents to the seeking of the modification in that court.
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. VISCLOSKY, announced that two-thirds of
those present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 120.22 h.r. 5140--unfinished business
The SPEAKER pro tempore, Mr. VISCLOSKY, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 5140) to provide for improved
procedures for the enforcement of child support obligations of members
of the Armed Forces.
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. VISCLOSKY, announced that two-thirds of
those present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 120.23 h.r. 3059--unfinished business
The SPEAKER pro tempore, Mr. VISCLOSKY, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 3059) to establish a National Maritime
Heritage Program to make grants available for educational programs and
the restoration of America's cultural resources for the purpose of
preserving America's endangered maritime heritage; as amended.
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. VISCLOSKY, announced that two-thirds of
those present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 120.24 h.r. 5139--unfinished business
The SPEAKER pro tempore, Mr. VISCLOSKY, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 5139) to amend title 39, United States
Code, to provide for procedures under which persons involuntarily
separated by the United States Postal Service as a result of having been
improperly arrested by the Postal Inspection Service on narcotics
charges may seek reemployment.
The question being put,
Will the House suspend the rules and pass said bill?
The vote was taken by electronic device.
It was decided in the
Yeas
300
<3-line {>
affirmative
Nays
117
Para. 120.25 [Roll No. 488]
YEAS--300
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Berman
Bilbray
Bishop
Blackwell
Boehlert
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Brown (FL)
Brown (OH)
Bryant
Burton
Byrne
Calvert
Cantwell
Cardin
Chapman
Clay
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cunningham
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Franks (CT)
Franks (NJ)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Glickman
Gonzalez
Gordon
Grandy
Green
Gunderson
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastert
Hastings
Hayes
Hefner
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoke
Holden
Horn
Houghton
Hoyer
Hughes
Hutto
Hyde
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
King
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Lehman
Levin
Levy
Lewis (GA)
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCrery
McCurdy
McDade
McDermott
McHale
McInnis
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Porter
Poshard
Price (NC)
Quillen
Quinn
Rahall
Rangel
Reed
Regula
Reynolds
Richardson
Roemer
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Snowe
Spence
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tauzin
Taylor (NC)
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Zeliff
NAYS--117
Allard
Archer
Armey
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bentley
Bereuter
Bilirakis
Bliley
Boehner
Bunning
Buyer
Camp
Canady
Castle
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Danner
DeLay
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Fawell
Fields (TX)
Fowler
Gallegly
Gekas
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Hall (TX)
Hancock
Hansen
Hefley
Herger
Hoekstra
Huffington
Hunter
Hutchinson
Inglis
Inhofe
Istook
Kim
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lambert
Leach
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lucas
Manzullo
Margolies-Mezvinsky
McCandless
McCollum
McHugh
McKeon
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Nussle
Oxley
Packard
Paxon
Penny
Petri
Portman
Pryce (OH)
Ramstad
Ravenel
Roberts
Rogers
Royce
Santorum
Sensenbrenner
Shuster
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Solomon
Spratt
Stearns
Stump
Talent
Tanner
Taylor (MS)
Thomas (WY)
Upton
Valentine
Vucanovich
Walker
Young (FL)
Zimmer
NOT VOTING--17
Bachus (AL)
Bevill
Blute
Browder
Brown (CA)
Callahan
Carr
Clayton
Cramer
Frank (MA)
Gallo
Hilliard
Ridge
Slattery
Sundquist
Tucker
Washington
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
[[Page 2341]]
Para. 120.26 h.r. 2135--unfinished business
The SPEAKER pro tempore, Mr. VISCLOSKY, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 2135) to provide for a National Native
American Veterans' Memorial; as amended.
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. VISCLOSKY, announced that two-thirds of
those present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 120.27 s. 720--unfinished business
The SPEAKER pro tempore, Mr. VISCLOSKY, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill of the Senate (S. 720) to clean up open
dumps on Indian lands, and for other purposes; as amended.
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. VISCLOSKY, announced that two-thirds of
those present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
Para. 120.28 h.r. 4653--unfinished business
The SPEAKER pro tempore, Mr. VISCLOSKY, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and agree to the amendment of the Senate to the bill (H.R.
4653) to settle certain Indian land claims within the State of
Connecticut, and for other purposes.
The question being put, viva voce,
Will the House suspend the rules and agree to said amendment?
The SPEAKER pro tempore, Mr. VISCLOSKY, announced that two-thirds of
those present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said amendment was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said amendment was agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
Para. 120.29 h.r. 4533--unfinished business
The SPEAKER pro tempore, Mr. VISCLOSKY, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 4533) to promote entrepreneurial
management of National Park Service, and for other purposes; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
242
<3-line {>
negative
Nays
174
Para. 120.30 [Roll No. 489]
YEAS--242
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Bacchus (FL)
Baesler
Barca
Barlow
Barrett (WI)
Barton
Bateman
Becerra
Beilenson
Bereuter
Berman
Bilbray
Bishop
Blackwell
Blute
Boehlert
Bonior
Borski
Boucher
Brooks
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Chapman
Clyburn
Coleman
Collins (IL)
Collins (MI)
Combest
Conyers
Coppersmith
Coyne
Darden
de la Garza
Deal
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Dunn
Durbin
Edwards (CA)
English
Eshoo
Evans
Farr
Fazio
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Fowler
Franks (NJ)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilchrest
Gillmor
Gingrich
Glickman
Gonzalez
Goodlatte
Goss
Grams
Gutierrez
Hall (OH)
Hamburg
Hamilton
Hansen
Harman
Hastings
Hefner
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoke
Horn
Houghton
Hoyer
Hughes
Hutto
Inslee
Jacobs
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kleczka
Klink
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lantos
Lehman
Levin
Lewis (GA)
Lloyd
Long
Lowey
Lucas
Machtley
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McKinney
McMillan
McNulty
Meehan
Meek
Meyers
Mfume
Miller (CA)
Mineta
Minge
Moakley
Mollohan
Montgomery
Moran
Morella
Murtha
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Parker
Pastor
Payne (VA)
Pelosi
Penny
Peterson (FL)
Pickett
Pickle
Pomeroy
Porter
Portman
Price (NC)
Rahall
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roberts
Roemer
Rose
Rostenkowski
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schroeder
Scott
Serrano
Sharp
Shays
Shepherd
Sisisky
Skaggs
Slaughter
Smith (MI)
Smith (OR)
Smith (TX)
Snowe
Spence
Spratt
Stark
Stenholm
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tauzin
Tejeda
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Towns
Traficant
Unsoeld
Upton
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
NAYS--174
Allard
Andrews (NJ)
Applegate
Archer
Armey
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Bentley
Bilirakis
Bliley
Boehner
Bonilla
Brewster
Bunning
Buyer
Calvert
Camp
Canady
Cardin
Castle
Clay
Clement
Clinger
Coble
Collins (GA)
Condit
Cooper
Costello
Cox
Crane
Crapo
Cunningham
Danner
DeFazio
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Edwards (TX)
Ehlers
Emerson
Engel
Everett
Ewing
Fawell
Fields (LA)
Fields (TX)
Fish
Ford (TN)
Franks (CT)
Gallegly
Gekas
Geren
Gilman
Goodling
Gordon
Grandy
Green
Greenwood
Gunderson
Hall (TX)
Hancock
Hastert
Hayes
Hefley
Herger
Hoekstra
Holden
Huffington
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Jefferson
Johnson, Sam
Kim
King
Kingston
Klein
Klug
Knollenberg
Lancaster
LaRocco
Laughlin
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Maloney
Manzullo
McCandless
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McKeon
Menendez
Mica
Michel
Miller (FL)
Mink
Molinari
Moorhead
Murphy
Myers
Nadler
Nussle
Owens
Oxley
Packard
Pallone
Paxon
Payne (NJ)
Peterson (MN)
Petri
Pombo
Poshard
Pryce (OH)
Quillen
Quinn
Ramstad
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Rowland
Royce
Santorum
Saxton
Schaefer
Schiff
Schumer
Sensenbrenner
Shaw
Shuster
Skeen
Skelton
Smith (IA)
Smith (NJ)
Solomon
Stearns
Stokes
Stump
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Torricelli
Valentine
Velazquez
Vucanovich
Walker
Walsh
Weldon
Young (FL)
Zeliff
Zimmer
NOT VOTING--18
Bachus (AL)
Bevill
Browder
Brown (CA)
Burton
Callahan
Carr
Clayton
Cramer
Frank (MA)
Gallo
Hilliard
McCurdy
Ridge
Slattery
Sundquist
Tucker
Washington
So, two-thirds of the Members present not having voted in favor
thereof, the rules were not suspended and said bill, as amended, was not
passed.
Para. 120.31 s. 1919--unfinished business
The SPEAKER pro tempore, Mr. VISCLOSKY, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill of the Senate (S. 1919) to improve water
quality within the Rio Puerco watershed and to help restore the
ecological health of the Rio Grande through the cooperative
[[Page 2342]]
identification and implementation of best management practices which are
consistent with the ecological, geological, cultural, sociological, and
economic conditions in the region; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
220
<3-line {>
negative
Nays
196
Para. 120.32 [Roll No. 490]
YEAS--220
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Bereuter
Berman
Bilbray
Bishop
Blackwell
Blute
Bonilla
Bonior
Borski
Boucher
Brooks
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Clay
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Coyne
Darden
de la Garza
Deal
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilchrest
Gilman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hefner
Hinchey
Hoagland
Hochbrueckner
Horn
Hoyer
Hughes
Inslee
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kolbe
Kopetski
Kreidler
LaFalce
Lancaster
Lantos
LaRocco
Lehman
Levin
Lewis (GA)
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Markey
Martinez
Matsui
Mazzoli
McCloskey
McDermott
McKinney
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickle
Pomeroy
Price (NC)
Rangel
Reed
Regula
Reynolds
Richardson
Ros-Lehtinen
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sawyer
Schenk
Schiff
Schroeder
Scott
Serrano
Sharp
Shays
Shepherd
Shuster
Skaggs
Skeen
Slaughter
Smith (IA)
Snowe
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tejeda
Thomas (WY)
Thompson
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Unsoeld
Velazquez
Vento
Visclosky
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Young (AK)
NAYS--196
Allard
Andrews (NJ)
Archer
Armey
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bentley
Bilirakis
Bliley
Boehlert
Boehner
Brewster
Bunning
Burton
Buyer
Calvert
Camp
Canady
Castle
Chapman
Coble
Collins (GA)
Combest
Condit
Cooper
Costello
Cox
Crane
Crapo
Cunningham
Danner
DeFazio
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Geren
Gillmor
Gingrich
Glickman
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hefley
Herger
Hobson
Hoekstra
Hoke
Holden
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Jacobs
Jefferson
Johnson, Sam
Kaptur
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kyl
Lambert
Laughlin
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lucas
Manzullo
Margolies-Mezvinsky
McCandless
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Moorhead
Murphy
Myers
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Penny
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Roberts
Roemer
Rogers
Rohrabacher
Roth
Roukema
Rowland
Royce
Sangmeister
Santorum
Sarpalius
Saxton
Schaefer
Schumer
Sensenbrenner
Shaw
Sisisky
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Solomon
Spence
Stearns
Stenholm
Stump
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thornton
Upton
Valentine
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (FL)
Zeliff
Zimmer
NOT VOTING--18
Bachus (AL)
Bevill
Browder
Brown (CA)
Callahan
Carr
Clayton
Cramer
Frank (MA)
Gallo
Hilliard
McCurdy
Ridge
Sanders
Slattery
Sundquist
Tucker
Washington
So, two-thirds of the Members present not having voted in favor
thereof, the rules were not suspended and said bill, as amended, was not
passed.
Para. 120.33 s. 1614--unfinished business
The SPEAKER pro tempore, Mr. VISCLOSKY, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill of the Senate (S. 1614) to amend the Child
Nutrition Act of 1966 and the National Lunch Act to promote healthy
eating habits for children and to extend certain authorities contained
in such Act through fiscal year 1998, and for other purposes; as
amended.
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. VISCLOSKY, announced that two-thirds of
those present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
Para. 120.34 s. 1225--unfinished business
The SPEAKER pro tempore, Mr. VISCLOSKY, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill of the Senate (S. 1225) to authorize and
encourage the President to conclude an agreement with Mexico to
establish a United States-Mexico Border Health Commission.
The question being put,
Will the House suspend the rules and pass said bill?
The vote was taken by electronic device.
It was decided in the
Yeas
308
<3-line {>
affirmative
Nays
103
Para. 120.35 [Roll No. 491]
YEAS--308
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Baesler
Baker (CA)
Barcia
Barlow
Barrett (WI)
Barton
Bateman
Beilenson
Bereuter
Berman
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Brown (FL)
Brown (OH)
Bryant
Buyer
Byrne
Calvert
Cantwell
Cardin
Chapman
Clay
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Coppersmith
Costello
Coyne
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Dornan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Engel
English
Eshoo
Evans
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Gordon
Grandy
Green
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hinchey
Hoagland
Hochbrueckner
Horn
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
[[Page 2343]]
Leach
Lehman
Levin
Lewis (GA)
Lightfoot
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McDade
McDermott
McHale
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Parker
Pastor
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Quillen
Rahall
Ramstad
Rangel
Ravenel
Reed
Reynolds
Richardson
Roberts
Roemer
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sangmeister
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (TX)
Snowe
Spence
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Tejeda
Thomas (CA)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Waters
Watt
Waxman
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Young (FL)
NAYS--103
Allard
Baker (LA)
Ballenger
Barca
Barrett (NE)
Bartlett
Bentley
Boehner
Bunning
Burton
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Cooper
Cox
Crane
Crapo
Doolittle
Dreier
Duncan
Emerson
Everett
Ewing
Fawell
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Goodlatte
Goodling
Goss
Grams
Greenwood
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Holden
Houghton
Inglis
Inhofe
Inslee
Istook
Kasich
Kim
King
Kingston
Klug
Knollenberg
Lazio
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Linder
Manzullo
Margolies-Mezvinsky
McHugh
Meyers
Miller (FL)
Orton
Oxley
Packard
Paxon
Penny
Petri
Pombo
Porter
Portman
Pryce (OH)
Quinn
Regula
Rogers
Rohrabacher
Royce
Santorum
Sensenbrenner
Shaw
Shuster
Smith (NJ)
Smith (OR)
Solomon
Stearns
Stump
Swett
Taylor (NC)
Thomas (WY)
Upton
Valentine
Walker
Walsh
Weldon
Wolf
Young (AK)
Zeliff
Zimmer
NOT VOTING--23
Bachus (AL)
Becerra
Bevill
Browder
Brown (CA)
Callahan
Carr
Clayton
Cramer
Farr
Frank (MA)
Gallo
Hilliard
McCurdy
Mica
Michel
Payne (NJ)
Ridge
Sanders
Slattery
Sundquist
Tucker
Washington
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 120.36 h.r. 5155--unfinished business
The SPEAKER pro tempore, Mr. VISCLOSKY, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 5155) to authorize the transfer of
naval vessels to certain foreign countries.
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. VISCLOSKY, announced that two-thirds of
those present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 120.37 h. con. res. 302--unfinished business
The SPEAKER pro tempore, Mr. VISCLOSKY, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and agree to the concurrent resolution (H. Con. Res. 302)
urging the President to promote political stability in Tajikistan
through efforts to encourage political resolution of the conflict and
respect for human rights and through the provision of humanitarian
assistance and, subject to certain conditions, economic assistance.
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution?
The SPEAKER pro tempore, Mr. VISCLOSKY, announced that two-thirds of
those present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said concurrent resolution was agree to was, by unanimous consent, laid
on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
Para. 120.38 h. res. 561--unfinished business
The SPEAKER pro tempore, Mr. VISCLOSKY, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and agree to the resolution (H. Res. 561) expressing the sense
of the House of Representatives with respect to the prospects for peace
in Northern Ireland.
The question being put, viva voce,
Will the House suspend the rules and agree to said resolution?
The SPEAKER pro tempore, Mr. VISCLOSKY, announced that two-thirds of
those present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said resolution was agreed to was, by unanimous consent, laid on the
table.
Para. 120.39 h. res. 560--unfinished business
The SPEAKER pro tempore, Mr. VISCLOSKY, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and agree to the resolution (H. Res. 560) concerning United
States support for the new South Africa.
The question being put, viva voce,
Will the House suspend the rules and agree to said resolution?
The SPEAKER pro tempore, Mr. VISCLOSKY, announced that two-thirds of
those present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said resolution was agreed to was, by unanimous consent, laid on the
table.
Para. 120.40 h. con. res. 278--unfinished business
The SPEAKER pro tempore, Mr. VISCLOSKY, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and agree to the concurrent resolution (H. Con. Res. 278)
expressing the sense of the Congress regarding United States policy
towards Vietnam.
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution?
The SPEAKER pro tempore, Mr. VISCLOSKY, announced that two-thirds of
those present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said concurrent resolution was agreed to was, by unanimous consent, laid
on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
Para. 120.41 h. con. res. 216--unfinished business
The SPEAKER pro tempore, Mr. VISCLOSKY, pursuant to clause 5, rule I,
[[Page 2344]]
announced the further unfinished business to be the motion to suspend
the rules and agree to the concurrent resolution (H. Con. Res. 216)
expressing the sense of the Congress regarding human rights in Vietnam;
as amended.
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution, as amended?
The SPEAKER pro tempore, Mr. VISCLOSKY, announced that two-thirds of
those present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution, as amended, was
agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said concurrent resolution, as amended, was agreed to was, by unanimous
consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
Para. 120.42 h.r. 2826--unfinished business
The SPEAKER pro tempore, Mr. VISCLOSKY, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and agree to the amendment of the Senate to the bill (H.R.
2826) to provide for an investigation of the whereabouts of the United
States citizens and others who have been missing from Cyprus since 1974.
The question being put, viva voce,
Will the House suspend the rules and agree to said amendment?
The SPEAKER pro tempore, Mr. VISCLOSKY, announced that two-thirds of
those present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said amendment was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said amendment was agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
Para. 120.43 h.r. 3485--unfinished business
The SPEAKER pro tempore, Mr. VISCLOSKY, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and agree to the amendments of the Senate to the bill (H.R.
3485) to authorize appropriations for carrying out the Earthquake
Hazards Reduction Act of 1977 for fiscal years 1994, 1995, and 1996.
The question being put, viva voce,
Will the House suspend the rules and agree to said amendments?
The SPEAKER pro tempore, Mr. VISCLOSKY, announced that two-thirds of
those present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said amendments were agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said amendments were agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
Para. 120.44 public works projects
The SPEAKER pro tempore, Mr. VISCLOSKY, laid before the House a
communication, which was read as follows:
U.S. House of Representatives, Committee on Public Works
and Transportation,
Washington, DC, September 28, 1994.
Hon. Thomas S. Foley,
Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: Enclosed are copies of resolutions
adopted today by the Committee on Public Works and
Transportation. These resolutions authorize studies of
potential water resources projects by the Secretary of the
Army in accordance with the provisions of section 4 of the
Act of March 4, 1913, section 2 of the Act of June 15, 1955,
and section 204 of the Flood Control Act of 1970.
Sincerely yours,
Norman Y. Mineta,
Chair, Committee on Public Works
and Transportation.
The communication, together with the accompanying papers, was referred
to the Committee on Appropriations.
Para. 120.45 public works projects
The SPEAKER pro tempore, Mr. VISCLOSKY, laid before the House a
communication, which was read as follows:
U.S. House of Representatives, Committee on Public Works
and Transportation,
Washington, DC, September 28, 1994.
Hon. Thomas S. Foley,
Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: Enclosed are copies of two resolutions
adopted today by the Committee on Public Works and
Transportation. These resolutions authorize small watershed
projects of the Soil Conservation Service in accordance with
the provisions of section 2 of the Watershed Protection and
Flood Prevention Act (Public Law 83-566).
Sincerely yours,
Norman Y. Mineta,
Chair, Committee on Public Works
and Transportation.
The communication, together with the accompanying papers, was referred
to the Committee on Appropriations.
Para. 120.46 disinsection of planes
On motion of Mr. OBERSTAR, by unanimous consent, the following
concurrent resolution of the Senate was taken from the Speaker's table
(S. Con. Res. 77):
Whereas the United States has a responsibility to protect
the health and safety of United States air travelers in the
United States and abroad;
Whereas the United States ended the practice of aircraft
cabin disinsection 15 years ago, after determining that the
process was ineffective and posed a possible death risk to
aircraft passengers.
Whereas 27 countries require disinsection of aircraft
cabins by the spraying of an insecticide while passengers are
on board the aircraft or by a residual pesticide treatment
which is not registered for use in the United States.
Whereas the United States 10,000,000 people fly every year
from the United States to countries that require disinsection
of aircraft;
Whereas the United States pilots and flight attendants on
flights to such countries are repeatedly exposed to the
chemicals used in disinsection of aircraft;
Whereas approximately 53,000,000 Americans, more than 20
percent of the population, suffer chronic respiratory
problems that put them at special risk to aircraft cabin
disinsection procedures;
Whereas no tests have been conducted to determine whether
insecticides used for aircraft cabin disinsection are safe
for use in unventilated aircraft cabins or for people with
chemical sensitivies or breathing conditions;
Whereas there has been a decrease in the number of
insecticides registered for aircraft cabin disinsection by
the Environmental Protection Agency by reason of the health
concerns raised with respect to such insecticides, and there
is no indication that insecticides produced in foreign
countries which might serve to replace such insecticides
present any less threat to health;
Whereas Annex 9 to the Convention on International Civil
Aviation, done at Chicago, December 7, 1944, states that
``Contracting States shall ensure that their procedures for
disinsecting or any other remedial measure are not injurious
to the health of passengers and crew and cause the minimum of
discomfort to them'';
Whereas the Facilitation Division of the International
Civil Aviation Organization is scheduled to meet in the
Spring of 1995 to discuss changes to the standards set forth
in Annex 9 to the Convention; and
Whereas the United States will be a participant at that
meeting: Now, therefore, be it
Resolved by the Senate (the House of Representatives
concurring), That it is the sense of Congress that the United
States delegation to the Spring 1995 meeting of the
Facilitation Division of the International Civil Aviation
Organization--
(1) seek to amend the Convention on International Civil
Aviation, done at Chicago, December 7, 1944, to end aircraft
disinsection practices that threaten the health of aircraft
passengers and crew; and
(2) make every effort to gain the support and cosponsorship
of other member nations of the organization of that
amendment.
When said concurrent resolution was considered and agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 120.47 sheep product promotion
On motion of Mr. de la GARZA, by unanimous consent, the bill of the
Senate (S. 2500) to enable producers and feeders of sheep and importers
of sheep and sheep products to develop, finance, and carry out a
nationally coordinated program for sheep and sheep product promotion,
research, and information, and for other purposes; was taken from the
Speaker's table.
When said bill was considered, read twice, ordered to be read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
[[Page 2345]]
Para. 120.48 atlantic bluefin tuna conservation
On motion of Mr. STUDDS, by unanimous consent, the Committee on
Merchant Marine and Fisheries was discharged from further consideration
of the following concurrent resolution (H. Con. Res. 295):
Whereas Atlantic bluefin tuna are a valuable commercial and
recreational fishery of the United States;
Whereas many other countries also harvest Atlantic bluefin
tuna in the Atlantic Ocean and the Mediterranean Sea;
Whereas the International Commission for the Conservation
of Atlantic Tunas (hereinafter referred to as the
Commission), was established in 1969 to develop conservation
and management recommendations for Atlantic bluefin tuna and
other highly migratory species in the Atlantic Ocean and the
Mediterranean Sea;
Whereas the Commission adopted conservation and management
recommendations in 1974 to ensure the recovery and
sustainability of Atlantic bluefin tuna throughout the
Atlantic Ocean and the Mediterranean Sea;
Whereas in 1981, the Commission adopted a management
strategy for Atlantic bluefin tuna predicated on a hypothesis
that two stocks of the fish existed; a western stock found in
the Atlantic west of 45 degrees west longitude (hereinafter
referred to as the 45 degree line), and an eastern stock
found in the Atlantic Ocean east of the 45 degree line and in
the Mediterranean Sea;
Whereas since 1981, the Commission has adopted additional,
more restrictive conservation and management recommendations
for Atlantic bluefin tuna for countries that harvest bluefin
tuna west of the 45 degree line, including a 25 percent quota
reduction since 1991 with an additional 40 percent quota
reduction scheduled for 1995;
Whereas the United States and other Commission members that
harvest bluefin tuna west of the 45 degree line have
implemented all conservation and management recommendations
adopted by the Commission for Atlantic bluefin tuna west of
the 45 degree line;
Whereas many other Commission members do not comply with
the conservation and management recommendations adopted by
the Commission for Atlantic bluefin tuna east of the 45
degree line;
Whereas a recent National Academy of Sciences (NAS) review
of the scientific data used by the Commission concluded that
the available data is consistent with a one stock management
strategy for bluefin tuna in the North Atlantic;
Whereas the NAS review also found that abundance of
Atlantic bluefin tuna in the western Atlantic has remained
stable since 1988, in contrast to the roughly 50 percent
decline in abundance reported by the Commission;
Whereas the continued unrestricted harvesting of Atlantic
bluefin tuna east of the 45 degree line and in the
Mediterranean Sea will undermine the Commission's
recommendations being implemented west of the line to rebuild
Atlantic bluefin tuna; and
Whereas, in order to successfully rebuild the Atlantic
bluefin tuna stock, conservation and management
recommendations must be adopted and implemented throughout
the Atlantic Ocean and the Mediterranean Sea: Now, therefore,
be it
Resolved by the House of Representatives (the Senate
concurring), That it is the sense of the Congress that--
(1) the United States and the International Commission for
the Conservation of Atlantic Tunas (hereinafter referred to
as the Commission) should continue to promote the
conservation and management of Atlantic bluefin tuna
throughout the Atlantic Ocean and Mediterranean Sea and
develop a program to rebuild Atlantic bluefin tuna that
requires the participation of all nations that harvest this
species;
(2) the United States should ensure that the scientific
findings and recommendations of the National Academy of
Sciences Atlantic bluefin tuna review panel are made
available to and included in the considerations of the
Commission's scientific advisory panel;
(3) the United States should oppose any further quota
reductions for nations harvesting Atlantic bluefin tuna west
of the 45 degree line until the impacts of recent
conservation measures can be determined, and until all
nations harvesting Atlantic bluefin tuna west and east of the
45 degree line share equally in conservation and rebuilding
efforts for the Atlantic bluefin tuna resources;
(4) the continued harvesting by fishermen from any country
which is a member of the Commission and which does not comply
with the conservation and management recommendations of the
Commission will be considered by the Congress to diminish the
effectiveness of an international fishery conservation
program and, as such, will be considered by the Congress to
be subject to the embargo provision in section 6 of the
Atlantic Tunas Convention Act;
(5) the United States should encourage other nations with
significant markets for Atlantic bluefin tuna to prohibit the
importation of that species from harvesting nations which did
not comply with the conservation and management
recommendations adopted by the Commission; and
(6) the United States should encourage the Commission to
adopt recommendations authorizing the use of discretionary
trade actions as enforcement measures when the actions of a
nation are undermining the effectiveness of conservation and
management recommendations of the Commission.
When said concurrent resolution was considered.
Mr. STUDDS submitted the following amendment in the nature of a
substitute which was agreed to:
Strike out all after the resolving clause and insert:
(1) the United States and the International Commission for
the Conservation of Atlantic Tunas (hereinafter referred to
as the Commission) should continue to promote the
conservation and management of Atlantic bluefin tuna
throughout the Atlantic Ocean and Mediterranean Sea and
develop a program to rebuild Atlantic bluefin tuna that
requires the participation of all nations that harvest this
species;
(2) the United States should ensure that the scientific
findings and recommendations of the National Academy of
Sciences Atlantic bluefin tuna review panel are made
available to and included in the considerations of the
Commission's scientific advisory panel;
(3) the United States should oppose any further quota
reductions for nations harvesting Atlantic bluefin tuna west
of the 45 degree line and insist that all nations harvesting
Atlantic bluefin tuna west and east of the 45 degree line
implement comparable conservation and rebuilding programs for
the Atlantic bluefin tuna resource;
(4) the continued harvesting by fishermen from any country
which is a member of the Commission and which does not comply
with the conservation and management recommendations of the
Commission will be considered by the Congress to diminish the
effectiveness of an international fishery conservation
program and, as such, will be considered by the Congress to
be subject to the embargo provision in Section 6 of the
Atlantic Tunas Convention Act;
(5) the United States should encourage other nations with
significant markets for Atlantic bluefin tuna to prohibit the
importation of that species from harvesting nations which do
not comply with the conservation and management
recommendations adopted by the Commission; and
(6) the United States should encourage the Commission to adopt
recommendations authorizing the use of discretionary trade actions as
enforcement measures when the actions of a nation are undermining the
effectiveness of conservation and management recommendations of the
Commission.
The concurrent resolution, as amended, was agreed to.
Mr. STUDDS submitted the following amendment to the preamble, which
was agreed to:
Amend the preamble to read as follows:
Whereas Atlantic bluefin tuna are a valuable commercial and
recreational fishery of the United States;
Whereas many other countries also harvest Atlantic bluefin
tuna in the Atlantic Ocean and the Mediterranean Sea;
Whereas the International Commission for the Conservation
of Atlantic Tunas (hereinafter referred to as the
Commission), was established in 1969 to develop conservation
and management recommendations for Atlantic bluefin tuna and
other highly migratory species in the Atlantic Ocean and the
Mediterranean Sea;
Whereas the Commission adopted conservation and management
recommendations in 1974 to ensure the recovery and
sustainability of Atlantic bluefin tuna throughout the
Atlantic Ocean and the Mediterranean Sea;
Whereas in 1981, the Commission adopted a management
strategy for Atlantic bluefin tuna predicated on a hypothesis
that two stocks of the fish existed: a western stock found in
the Atlantic west of 45 degrees west longitude (hereinafter
referred to as the 45 degree line), and an eastern stock
found in the Atlantic Ocean east of the 45 degree line and in
the Mediterranean Sea;
Whereas since 1981, the Commission has adopted additional,
more restrictive conservation and management recommendations
for Atlantic bluefin tuna for countries that harvest bluefin
tuna west of the 45 degree line, including a 25% quota
reduction since 1991 with an additional 40% quota reduction
scheduled for 1995;
Whereas the United States and other Commission members that
harvest bluefin tuna west of the 45 degree line have
implemented all conservation and management recommendations
adopted by the Commission for Atlantic bluefin tuna west of
the 45 degree line;
Whereas many other Commission members do not comply with
the conservation and management recommendations adopted by
the Commission for Atlantic bluefin tuna east of the 45
degree line;
Whereas a recent National Academy of Sciences (NAS) review
of the scientific data used by the Commission concluded that
the available data is consistent with a one stock management
strategy for bluefin tuna in the North Atlantic;
Whereas the NAS review also found that abundance of
Atlantic bluefin tuna in the western Atlantic has remained
stable since 1988, in contrast to the roughly 50% decline in
abundance reported by the Commission;
Whereas the continued unrestricted harvesting of Atlantic
bluefin tuna east of the 45 degree line and in the
Mediterranean Sea
[[Page 2346]]
will undermine the Commission's recommendations being
implemented west of the line to rebuild Atlantic bluefin
tuna;
Whereas, in order to successfully rebuild the Atlantic
bluefin tuna stock, conservation and management
recommendations must be adopted and implemented throughout
the Atlantic Ocean and the Mediterranean Sea.
A motion to reconsider the votes whereby said concurrent resolution,
as amended, was agreed to and the preamble was amended was, by unanimous
consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
Para. 120.49 fair credit reporting
On motion of Mr. KENNEDY, by unanimous consent, the Committee on
Banking, Finance and Urban Affairs was discharged from further
consideration of the bill (H.R. 5178) to amend the Fair Credit Reporting
Act, and for other purposes.
When said bill was considered, read twice, ordered to be engrossed and
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 120.50 disclosures by consumer reporting agencies
On motion of Mr. KENNEDY, by unanimous consent, the Committee on
Banking, Finance and Urban Affairs was discharged from further
consideration of the bill (H.R. 5143) to amend the Fair Credit Reporting
Act to provide for disclosures by consumer reporting agencies to the
Federal Bureau of Investigation for counterintelligence purposes.
When said bill was considered, read twice, ordered to be engrossed and
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 120.51 waiving points of order against conference report on s.21
Mr. GORDON, by direction of the Committee on Rules, reported (Rept.
No. 103-839) the resolution (H. Res. 568) waiving certain points of
order against the conference report to accompany the bill of the Senate
(S. 21) to designate certain lands in the California Desert as
wilderness, to establish Death Valley, Joshua Tree, and Mojave National
Parks, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 120.52 san diego ocean discharge
On motion of Mr. FILNER, by unanimous consent, the Committee on Public
Works and Transportation and the Committee on Merchant Marine and
Fisheries were discharged from further consideration of the bill (H.R.
5176) to amend the Federal Water Pollution Control Act relating to San
Diego ocean discharge and waste water reclamation.
When said bill was considered, read twice, ordered to be engrossed and
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 120.53 providing for the consideration of s. 455
Mr. GORDON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 565):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (S. 455) to amend title 31, United States Code, to
increase Federal payments to units of general local
government for entitlement lands, and for other purposes. The
first reading of the bill shall be dispensed with. All points
of order against consideration of the bill are waived.
General debate shall be confined to the bill and the
amendments made in order by this resolution and shall not
exceed one hour equally divided and controlled by the
chairman and ranking minority member of the Committee on
Natural Resources. After general debate the bill shall be
considered for amendment under the five-minute rule and shall
be considered as read. No amendment shall be in order except
those printed in the report of the Committee on Rules
accompanying this resolution. Each amendment may be offered
only in the order printed in the report, may be offered only
by a Member designated in the report, shall be considered as
read, shall be debatable for the time specified in the report
equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment except as
specified in the report, and shall not be subject to a demand
for division of the question in the House or in the Committee
of the Whole. All points of order against the amendments
printed in the report are waived. At the conclusion of
consideration of the bill for amendment the Committee shall
rise and report the bill to the House with such amendments as
may have been adopted. The previous question shall be
considered as ordered on the bill and amendments thereto to
final passage without intervening motion except one motion to
recommit with or without instructions.
When said resolution was considered.
After debate,
On motion of Mr. GORDON, the previous question was ordered on the
resolution.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. VISCLOSKY, announced that the yeas had
it.
Mr. VENTO demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. VISCLOSKY, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Thursday, October 6, 1994.
Para. 120.54 investment advisors recovery costs
On motion of Mr. MARKEY, by unanimous consent, the Committee on Energy
and Commerce was discharged from further consideration of the bill of
the Senate (S. 423) to provide for recovery of costs of supervision and
regulation of investment advisors and their activities, and for other
purposes.
Mr. MARKEY submitted the following amendment in the nature of a
substitute which was agreed to:
Strike all after the enacting clause, and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investment Advisers
Amendments of 1994''.
SEC. 2. ADDITIONAL RESOURCES FOR INVESTMENT ADVISER
SUPERVISION.
(a) Fees for Registrants and Applicants.--The Investment
Advisers Act of 1940 (15 U.S.C. 80b-1 et seq.) is amended by
inserting after section 203 the following new section:
``fees for registrants and applicants
``Sec. 203A. (a) In General.--The Commission is authorized,
in accordance with this section, to collect fees to recover
the costs of registration, supervision, and regulation of
investment advisers and their activities. Any such fees shall
be collected, and shall be available, only to the extent
provided in advance in appropriations Acts. No appropriations
Act may authorize fees to be collected under this section
during any fiscal year after fiscal year 1995, unless the
amount appropriated by such Act for such costs for such
fiscal year equals or exceeds the aggregate amount that may
reasonably be expected to be collected by such fees. Any such
fees shall be deposited as an offsetting collection to the
Commission's appropriation and may remain available for such
purposes for the succeeding fiscal year. The costs covered by
such fees shall be limited to the costs of Commission
expenses for registration, examinations, and surveys of
persons registered or required to register under this title.
``(b) Time for Payment.--
``(1) New registrants.--At the time of filing an
application for registration under this title, the applicant
shall pay to the Commission the fee specified in subsection
(c). No part of such fee shall be refunded to the applicant.
The filing of an application for registration under this
title shall not be deemed to have occurred unless the
application is accompanied by the fee required under
subsection (c).
``(2) Ongoing registrants.--Each investment adviser, the
registration of which is effective on the last day of its
fiscal year, shall pay the Commission the fee specified in
subsection (c). Such payment shall be made not later than 90
days after the end of its fiscal year, or at such other time
as the Commission, by rule, shall determine, unless its
registration has been withdrawn, canceled, or revoked prior
to that date. No part of such fee shall be refunded to the
investment adviser.
``(c) Cost-Based Schedule of Fees.--For any fiscal year for
which fees are authorized to be collected by an
appropriations Act, the amount of any fees due from
investment advisers in accordance with subsection (b) shall
be determined according to the following schedule:
[[Page 2347]]
``Assets under management Fee due:
Less than $10,000,000.......................................$300 ....
$10,000,000 or more, but less than $25,000,000..............$500 ....
$25,000,000 or more, but less than $50,000,000............$1,000 ....
$50,000,000 or more, but less than $100,000,000...........$2,500 ....
$100,000,000 or more, but less than $250,000,000..........$4,000 ....
$250,000,000 or more, but less than $500,000,000..........$5,000 ....
$500,000,000 or more......................................$7,000.....
``(d) Suspension for Failure To Pay.--The Commission, by
order, may suspend the registration of any investment adviser
if it finds, after notice, that such investment adviser has
failed to pay when due any fee required by this section. The
Commission shall reinstate such registration upon payment of
the fee (and any penalty due), if such suspension was based
solely on the failure to pay the fee.
``(e) Definition of Assets Under Management.--As used in
this section, the term `assets under management' means the
client assets with respect to which an investment adviser
provides continuous and regular supervisory or management
services.
``(f) Rulemaking.--The Commission may adopt such rules as
are necessary to carry out this section.''.
(b) Effective Date.--The amendments made by this section
shall become effective--
(1) in the case of section 203A(f) of the Investment
Advisers Act of 1940 (as added by this section), upon the
date of enactment of this Act; and
(2) in the case of subsections (a) through (e) of section
203A of the Investment Advisers Act of 1940 (as added by this
section), upon the adoption by the Securities and Exchange
Commission of implementing rules in accordance with section
203A(f) of such Act.
SEC. 3. SURVEYS.
The Investment Advisers Act of 1940 (15 U.S.C. 80b-1 et
seq.) is amended by inserting after section 222 the following
new section:
``surveys
``Sec. 223. (a) Surveys of Unregistered Persons.--
``(1) In general.--The Commission shall, not later than 3
years after the date of enactment of this section, and
thereafter as appropriate, provide for the conduct of a
survey to determine the extent of, and reasons for, the
failure of persons to register as required by this title.
``(2) Actions based on survey.--The Commission shall, on
the basis of the results of the survey conducted under
paragraph (1), establish objectives for the reduction or
elimination of any failures identified therein and shall
include in any annual reports to the Congress under section
23(b) of the Securities Exchange Act of 1934 submitted after
completion of the first survey--
``(A) a statement of such objectives;
``(B) an evaluation of the success in attaining those
objectives during the preceding year; and
``(C) such recommendations as the Commission considers
appropriate to assist in the attainment of those objectives.
``(3) Patterns of noncompliance.--If the survey conducted
under paragraph (1) identifies any pattern of noncompliance
with the registration requirements of this title and the
rules issued under this title, the Commission shall undertake
such rulemaking proceedings as may be necessary to correct
such patterns of noncompliance.
``(b) Provisions Not Limitation.--The provisions of this
section shall not be construed to limit the authority of the
Commission to issue rules under this title, to conduct an
examination or investigation at any time, or to institute
proceedings under this title or any other provision of
law.''.
SEC. 4. DESIGNATION OF SELF-REGULATORY ORGANIZATIONS.
The Investment Advisers Act of 1940 (15 U.S.C. 80b-1 et
seq.) is amended by inserting after section 223 (as added by
section 3 of this Act) the following new section:
``designation of self-regulatory organizations
``Sec. 224. (a) Designation To Conduct Examinations.--
``(1) In general.--The Commission may by rule, consistent
with the public interest, the protection of investors, and
the purposes of this title, designate one or more self-
regulatory organizations registered with the Commission under
section 6 or 15A of the Securities Exchange Act of 1934, to
conduct periodic examinations of its members, and affiliates
of members, that are registered or required to register under
this title, to determine compliance with applicable
provisions of this title and the rules and regulations issued
under this title. Any such rule shall specify the minimum
scope and frequency for such examinations and shall, to the
extent consistent with the protection of investors, be
designed to avoid unnecessary regulatory duplication or undue
regulatory burdens.
``(2) Authority of organization.--Any self-regulatory
organization designated under paragraph (1) may discipline
the members and affiliates of members described in parargraph
(1) for violations of the applicable provisions of this title
and the rules and regulations issued under this title
pursuant to the standards and procedures set forth in
sections 6, 15A, and 19 of the Securities Exchange Act of
1934.
``(3) Penalties.--Any money penalties imposed by a self-
regulatory organization for violations of this title shall
not exceed those contained in section 203(i).
``(b) Limitations.--
``(1) Primary business limitation.--The Commission shall
not exercise the designation authority contained in
subsection (a) with respect to a member or affiliate of a
member if the primary business of the member and its
affiliates is investment advisory activities.
``(2) Limitation with respect to affiliates of members.--
The Commission shall not exercise the authority contained in
subsection (a) with respect to an affiliate of a member of a
self-regulatory organization if--
``(A) the primary business of the affiliate is investment
advisory activities;
``(B) the affiliate is an affiliate of the member solely as
a result of the adviser's (or an associated person of the
adviser's) registration with the member as a registered
representative; and
``(C) the affiliate is a registered representative of the
member solely to enable the adviser to execute transactions
that are incidental to the investment adviser's primary
business;
unless the Commission determines, in accordance with such
other criteria as the Commission establishes by rule, that
such exercise of designation authority is consistent with the
public interest, the protection of investors, the purposes of
this title, and the objectives of the Commission's investment
adviser examination program.
``(3) Limitation with respect to savings association
affiliates of members.--The Commission shall not exercise the
authority contained in subsection (a) with respect to an
affiliate of a member of a self-regulatory organization if
the affiliate is a savings association, as such term is
defined in section 3(b)(1) of the Federal Deposit Insurance
Act (12 U.S.C. 1813(b)(1)).
``(4) Definitional rules.--For purposes of this subsection,
the Commission may, by rule, establish criteria for defining
the terms `primary business' and `incidental to the
investment adviser's primary business'.
``(c) Authority To Impose Fees.--
``(1) In general.--Any self-regulatory organization
designated by the Commission to perform the examinations
specified in subsection (a) shall have the authority to
collect fees in accordance with this subsection.
``(2) Limitation.--The total fee paid by a registered
investment adviser under this subsection shall not exceed an
amount determined in accordance with rules prescribed by the
Commission. Such rules shall require that the fees collected
by a self-regulatory organization under this subsection--
``(A) cover only the costs of the self-regulatory
organization's expenses for examinations conducted pursuant
to subsection (a);
``(B) as to any investment adviser, bear a reasonable
relationship to the costs of conducting an examination of
that adviser pursuant to subsection (a); and
``(C) not exceed such portion of the fee authorized under
section 203A as the Commission determines is allocable to the
Commission's expenses for conducting such an examination.
``(3) Reduction of section 203a fees.--The amount of any
fee that a registered investment adviser is required to pay
to the Commission under section 203A with respect to any
fiscal year shall be reduced by the amount paid to a self-
regulatory organization in accordance with this subsection
with respect to such fiscal year.
``(d) Effective Date of Rule.--A rule issued by the
Commission under this section shall become effective not
earlier than 90 days after the date on which the Commission
submits to the House of Representatives and the Senate a
report--
``(1) containing the text of the proposed rule and the
reasons therefor;
``(2) describing the procedures to be used to coordinate
the collection of fees by the Commission under section 203A
and by a self-regulatory organization under the rule; and
``(3) containing such other information as may be necessary
to describe the implementation and enforcement of the rule.
``(e) Definition.--For purposes of this section, the term
`affiliate' means any person directly or indirectly
controlling, controlled by, or under common control with a
member of a self-regulatory organization.''.
SEC. 5. ADDITIONAL DISCLOSURE OBLIGATIONS OF INVESTMENT
ADVISERS.
(a) Disclosure Obligations.--Section 204 of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-4) is amended--
(1) by striking the section heading and inserting the
following:
``periodic reports and other disclosure requirements'';
(2) by inserting ``(a) Periodic and Other Reports.--''
after ``Sec. 204.''; and
(3) by adding at the end the following new subsections:
``(b) Review of Conflicts of Interest.--
``(1) Examination.--The Commission shall, not later than 1
year after the date of enactment of this subsection, examine
the nature of the conflicts of interest with an investment
adviser's fiduciary duties that may arise when an investment
adviser is compensated on the basis of commissions or fees
from the sale of investment products to clients or receives
credits toward non-cash compensation.
``(2) Rules.--On the basis of the examination conducted
under paragraph (1), the Commission shall prescribe any rules
that may be necessary and appropriate in the public interest
or for the protection of investors and consistent with the
purposes of this title
[[Page 2348]]
to require that the existence and extent of any material
conflicts of interest between investment advisers and their
clients be fully disclosed. Such rules shall take into
account the rules applicable to registered brokers and
dealers and their associated persons under the Federal
securities laws (including the rules of self-regulatory
organizations registered thereunder).
``(c) Facilities for Filing Records and Reports; Access to
Disciplinary and Other Information.--
``(1) Filing depositories.--The Commission, by rule, may
require any investment adviser--
``(A) to file with the Commission any fee, application,
report, or notice required by this title or by the rules
issued under this title through any entity designated by the
Commission for that purpose; and
``(B) to pay all reasonable costs associated with--
``(i) such filing; and
``(ii) the maintenance of a process to receive and respond
to inquiries under paragraph (2).
``(2) Response to inquiries.--
``(A) In general.--An entity designated by the Commission
under paragraph (1) shall--
``(i) establish and maintain a readily accessible
telephonic or other electronic process to receive inquiries
regarding disciplinary actions and proceedings involving
investment advisers and persons associated with investment
advisers; and
``(ii) respond promptly to such inquiries.
``(B) Fees.--An entity designated by the Commission under
paragraph (1) may charge a person, other than an individual
investor, reasonable fees for the cost of providing written
responses to inquiries.
``(C) Liability.--An entity designated by the Commission
under paragraph (1) shall not be liable for any action taken
or omitted in good faith under this paragraph.''.
SEC. 6. COMPLETION OF RULEMAKING INITIATIVES REQUIRED.
Section 204 of the Investment Advisers Act of 1940 (15
U.S.C. 80b-4), as amended by section 5, is amended by adding
at the end the following new subsections:
``(d) Registration Form Revisions.--
``(1) Statements in annual reports.--The Commission shall
include in each of the first 3 annual reports submitted
pursuant to section 23(b) of the Securities Exchange Act of
1934 after the date of enactment of this subsection a
statement describing the status of--
``(A) the Commission's proposals for the revision of the
form required for the registration of investment advisers
under this title;
``(B) consultations with State securities commissions and
other State authorities concerning the collection and
dissemination of information contained on such form; and
``(C) the implementation of systems to collect and
disseminate such information to enforce compliance with this
title.
``(2) Analysis required.--The first statement required by
paragraph (1) shall include an analysis of the methods by
which the revisions of such registration form will result
in--
``(A) the timely and effective disclosure to investment
adviser clients of material facts concerning the background,
compensation, services, and practices of the adviser; and
``(B) the prominent disclosure to such clients of--
``(i) any conflicts of interest;
``(ii) methods available for securing additional
information concerning the adviser and its employees;
``(iii) remedies available with respect to disputes arising
out of the advisory relationship; and
``(iv) any conviction of the investment adviser or any
person associated with the investment adviser within 10 years
preceding the filing of any application for registration, or
at any time thereafter, of any crime that is punishable by
imprisonment for 1 or more years, or of a substantially
equivalent crime by a foreign court of competent
jurisdiction.''.
SEC. 7. BOND REQUIREMENT.
Section 208 of the Investment Advisers Act of 1940 (15
U.S.C. 80b-8) is amended by adding at the end the following
new subsection:
``(e)(1) The Commission may require, by rules and
regulations for the protection of investors, any investment
adviser registered under section 203 that--
``(A) is authorized to exercise investment discretion, as
defined in section 3(a)(35) of the Securities Exchange Act of
1934, with respect to an account;
``(B) has access to the securities or funds of a client; or
``(C) is an investment adviser of an investment company, as
defined in section 2(a)(20) of the Investment Company Act of
1940,
to obtain a bond from a reputable fidelity insurance company
against larceny and embezzlement in such reasonable amounts
and covering such officers, partners, directors, and
employees of the investment adviser as the Commission may
prescribe.
``(2) In implementing paragraph (1), the Commission shall
consider--
``(A) the degree of risk to client assets that is involved;
``(B) the cost and availability of fidelity bonds;
``(C) existing fidelity bonding requirements;
``(D) any alternative means to protect client assets; and
``(E) the results, findings, and conclusions of the study
required by paragraph (3).
``(3) Before implementing paragraph (1), the Commission
shall study (and shall make such study and its conclusions
and findings available to the public)--
``(A) the availability of fidelity bonds, both for large-
scale and small-scale investment advisers, and also for
investment advisers not located in urban areas; and
``(B) the impact of the provisions of paragraph (1) on the
competitive position of small-scale investment advisers.
``(4) If the Commission adopts any rule or regulation
pursuant to paragraph (1), the Commission may, by rule,
exempt any person or class of persons from the requirements
of this subsection and the rules issued under this
subsection, under such terms or conditions and for such
period as the Commission shall prescribe. The Commission
shall exempt any investment adviser from the requirements of
this subsection if--
``(A) fidelity bonds are not readily or reasonably
available in the urban or rural areas in which such
investment adviser is located; or
``(B) the cost of obtaining a fidelity bond would have a
substantial adverse impact on such investment adviser's
competitive position.''.
When said bill, as amended, was considered, read twice, ordered to be
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill, as amended, was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
Para. 120.55 motion to adjourn
Mrs. BENTLEY moved that the House do now adjourn.
The question being put, viva voce,
Will the House now adjourn?
The SPEAKER pro tempore, Mr. VISCLOSKY, announced that the nays had
it.
Mrs. BENTLEY demanded that the vote be taken by the yeas and nays,
which demand was not supported by one-fifth of the Members present, so
the yeas and nays were refused.
Para. 120.56 providing for the consideration of h.r. 5110
Mr. DERRICK, by direction of the Committee on Rules, called up the
following resolution (H. Res. 564):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 5110) to approve and implement the trade
agreements concluded in the Uruguay Round of multilateral
trade negotiations. The first reading of the bill shall be
dispensed with. All points of order against the bill and
against its consideration are waived. General debate shall
proceed without intervening motion, shall be confined to the
bill, and shall not exceed four hours equally divided and
controlled by the chairman and ranking minority member of the
Committee on Ways and Means. Pursuant to section 151(d) of
the Trade Act of 1974, after general debate the Committee
shall rise and report the bill to the House. Pursuant to
section 151(f)(2) of the Trade Act of 1974, the previous
question shall be considered as ordered on the bill to final
passage without intervening motion.
When said resolution was considered.
After debate,
On motion of Mr. DERRICK, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER announced that the yeas had it.
Mr. DREIER objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
298
When there appeared
<3-line {>
Nays
123
Para. 120.57 [Roll No. 492]
YEAS--298
Abercrombie
Ackerman
Andrews (TX)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barlow
Barrett (NE)
Barrett (WI)
Barton
Bateman
Becerra
Beilenson
Bereuter
Berman
Bevill
Bishop
Blackwell
Bliley
Boehner
Bonior
Borski
Boucher
Brewster
Brooks
Brown (CA)
Brown (FL)
Bryant
Bunning
Byrne
Calvert
Camp
Cantwell
Cardin
Castle
Chapman
Clay
Clayton
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Combest
Cooper
Coppersmith
Cox
Coyne
Crane
Darden
de la Garza
DeLauro
DeLay
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Dreier
Dunn
Durbin
[[Page 2349]]
Edwards (TX)
Engel
English
Eshoo
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fish
Flake
Foglietta
Foley
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gingrich
Gonzalez
Goodlatte
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gutierrez
Hall (OH)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Herger
Hoagland
Hobson
Hoekstra
Hoke
Horn
Houghton
Hoyer
Huffington
Hughes
Hutto
Hyde
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kasich
Kennedy
Kennelly
Kim
King
Kleczka
Klein
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (GA)
Lightfoot
Linder
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Montgomery
Moran
Morella
Murtha
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Olver
Ortiz
Orton
Oxley
Packard
Parker
Pastor
Paxon
Payne (NJ)
Pelosi
Penny
Peterson (FL)
Petri
Pickett
Pickle
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Ramstad
Rangel
Reed
Regula
Reynolds
Richardson
Roberts
Roemer
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schenk
Schroeder
Schumer
Serrano
Shaw
Shays
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (OR)
Solomon
Stark
Stearns
Stenholm
Studds
Swift
Synar
Talent
Tanner
Tauzin
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Torres
Torricelli
Towns
Unsoeld
Valentine
Vento
Visclosky
Walker
Waters
Watt
Waxman
Weldon
Wheat
Williams
Wilson
Wolf
Wyden
Wynn
Young (FL)
Zimmer
NAYS--123
Allard
Andrews (ME)
Andrews (NJ)
Applegate
Barcia
Bartlett
Bentley
Bilbray
Bilirakis
Blute
Boehlert
Bonilla
Browder
Brown (OH)
Burton
Buyer
Callahan
Canady
Coble
Collins (GA)
Condit
Conyers
Costello
Cramer
Crapo
Cunningham
Danner
Deal
DeFazio
Diaz-Balart
Dickey
Doolittle
Dornan
Duncan
Ehlers
Emerson
Evans
Everett
Fingerhut
Gallegly
Gillmor
Gilman
Glickman
Goodling
Gunderson
Hall (TX)
Hamburg
Hastings
Hefley
Hefner
Hilliard
Hinchey
Hochbrueckner
Holden
Hunter
Hutchinson
Inglis
Inhofe
Istook
Kaptur
Kildee
Kingston
Klink
Klug
Lantos
Lewis (FL)
Lewis (KY)
Lipinski
Livingston
Lucas
McHugh
McInnis
Mica
Mollohan
Moorhead
Murphy
Myers
Obey
Owens
Pallone
Payne (VA)
Peterson (MN)
Pombo
Quillen
Quinn
Rahall
Ravenel
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Royce
Sanders
Schaefer
Schiff
Scott
Sensenbrenner
Shuster
Smith (NJ)
Smith (TX)
Snowe
Spence
Spratt
Stokes
Strickland
Stump
Stupak
Swett
Taylor (MS)
Taylor (NC)
Thurman
Torkildsen
Traficant
Upton
Velazquez
Volkmer
Vucanovich
Walsh
Wise
Woolsey
Young (AK)
Zeliff
NOT VOTING--14
Carr
Clement
Edwards (CA)
Ford (MI)
Gallo
Martinez
Ridge
Sharp
Slattery
Sundquist
Tucker
Washington
Whitten
Yates
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 120.58 peace in africa
On motion of Mr. JOHNSTON, by unanimous consent, the bill of the
Senate (S. 2475) to authorize assistance to promote the peaceful
resolution of conflicts in Africa; was taken from the Speaker's table.
When said bill was considered, read twice, ordered to be read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 120.59 subpoena
The SPEAKER pro tempore, Mr. HUGHES, laid before the House a
communication, which was read as follows:
House of Representatives,
Washington, DC, October 5, 1994.
Hon. Thomas S. Foley,
Speaker of the House, U.S. House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you that
pursuant to Rule L (50) of the Rules of the House that my
office has been served with a subpoena issued by the
Municipal Court of the State of California, in and for the
City and County of San Francisco, in connection with a
criminal case involving constituent casework.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
Sam Farr,
Member of Congress.
Para. 120.60 u.s. armed forces in haiti
The SPEAKER pro tempore, Mr. HUGHES, pursuant to the order of the
House agreed to earlier today and rule XXIII, declared the House
resolved into the Committee of the Whole House on the state of the Union
for the consideration of the joint resolution (H.J. Res. 416) providing
limited authorization for the participation of United States Armed
Forces in the multinational force in Haiti and providing for the prompt
withdrawal of United States Armed Forces from Haiti.
The SPEAKER pro tempore, Mr. HUGHES, by unanimous consent, designated
Mr. MAZZOLI as Chairman of the Committee of the Whole; and after some
time spent therein,
THURSDAY, OCTOBER 6 (LEGISLATIVE DAY OF OCTOBER 5), 1994
The SPEAKER pro tempore, Mr. BARLOW, assumed the Chair.
When Mr. MAZZOLI, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
Para. 120.61 providing for the further consideration of h.j. res. 416
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-840) the resolution (H. Res. 570) providing for further
consideration of the joint resolution (H.J. Res. 416) providing limited
authorization for the participation of United States Armed Forces in
multinational force in Haiti and providing for the prompt withdrawal of
United States Forces from Haiti.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 120.62 amending the rules of the house of representatives
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-841) the resolution (H. Res. 571) amending the Rules of the
House of Representatives to apply certain laws to the House of
Representatives, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 120.63 senate bills referred
Bills of the Senate of the following titles were taken from the
Speaker's table and, under the rule, referred as follows:
S. 927. An Act for the relief of Wade Bomar, and for other
purposes; to the Committee on the Judiciary.
S. 2341. An Act to amend chapter 30 of title 35, United
States Code, to afford third parties an opportunity for
greater participation in reexamination proceedings before the
United States Patent and Trademark Office, and for other
purposes; to the Committee on the Judiciary.
S. 2457. An Act for the relief of Benchmark Rail Group,
Inc.; to the Committee on the Judiciary.
Para. 120.64 enrolled bill and joint resolutions signed
Mr. ROSE, from the Committee on House Administration, reported that
that committee had examined and found truly enrolled a bill and joint
resolutions of the House of the following titles, which were thereupon
signed by the Speaker:
H.R. 810. An Act for the relief of Elizabeth M. Hill.
[[Page 2350]]
H.J. Res. 389. Joint resolution to designate the second
Sunday in October of 1994 as ``National Children's Day.''
H.J. Res. 398. Joint resolution to establish the fourth
Sunday of July as ``Parents' Day.''
H.J. Res. 415. Joint resolution designating the week
beginning October 16, 1994, as ``National Penny Charity
Week.''
Para. 120.65 senate enrolled bills signed
The SPEAKER announced his signature to enrolled bills of the Senate of
the following titles:
S. 316. An Act to establish the Saguaro National Park in
the State of Arizona, and for other purposes.
S. 1233. An Act to resolve the status of certain lands in
Arizona that are subject to a claim as a grant of public
lands for railroad purposes, and for other purposes.
Para. 120.66 bills presented to the president
Mr. ROSE, from the Committee on House Administration, reported that
that committee did on the following dates present to the President, for
his approval, bills of the House of the following titles:
On September 30, 1994:
H.R. 4649. An Act making appropriations for the government
of the District of Columbia and other activities chargeable
in whole or in part against the revenues of said District for
the fiscal year ending September 30, 1995, and for other
purposes.
On October 4, 1994:
H.R. 995. An Act to amend title 38, United States Code, to
improve reemployment rights and benefits of veterans and
other benefits of employment of certain members of the
uniformed services, and for other purposes.
H.R. 4543. An Act to designate the United States courthouse
to be constructed at 907 Richland Street in Columbia, South
Carolina, as the ``Matthew J. Perry, Jr. United States
Courthouse.''
H.R. 3694. An Act to amend title 5, United States Code, to
permit the garnishment of an annuity under the Civil Service
Retirement System or the Federal Employees `Retirement
System, if necessary to satisfy a judgment against an
annuitant for physically, sexually, or emotionally abusing a
child.
H.R. 4299. An Act to authorize appropriations for the
fiscal year 1995 for intelligence and intelligence-related
activities of the United States Government, the Community
Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
Para. 120.67 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. BACHUS of Alabama, for today from 12 o'clock noon until 7 p.m.;
and
To Mr. CALLAHAN, for today from 12 o'clock noon until 7 p.m.
And then,
Para. 120.68 adjournment
On motion of Mr. PAYNE of New Jersey, at 12 o'clock and 15 minutes
a.m., Thursday, October 6 (Legislative Day of Wednesday, October 5),
1994, the House adjourned.
Para. 120.69 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk
for printing and reference to the proper calendar, as follows:
Mr. MILLER of California: Committee on Natural Resources.
S. 455. An act to amend title 31, United States Code, to
increase Federal payments to units of general local
government for entitlement lands, and for other purposes
(Rept. No. 103-838). Referred to the Committee of the Whole
House on the State of the Union.
Mr. BEILENSON: Committee on Rules. House Resolution 568.
Resolution waiving points of order against the conference
report to accompany the bill (S. 21) to designate certain
lands in the California desert as wilderness, to establish
Death Valley, Joshua Tree, and Mojave National Parks, and for
other purposes (Rept. No. 103-839). Referred to the House
Calendar.
Mr. HALL of Ohio: Committee on Rules. House Resolution 570.
Resolution providing for further consideration of the joint
resolution (H.J. 416) providing limited authorization for the
participation of United States Armed Forces in multinational
force in Haiti and providing for the prompt withdrawal of
United States Forces for Haiti (Rept. No. 103-840). Referred
to the House Calendar.
Mr. MOAKLEY: Committee on Rules. House Resolution 571.
Resolution amending the Rules of the House of Representative
to apply certain laws to the House of Representatives, and
for other purposes (Rept. No. 103-841). Referred to the House
Calendar.
Para. 120.70 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. FILNER (for himself, Ms. Schenk, and Mr.
Cunningham):
H.R. 5176. A bill to amend the Federal Water Pollution
Control Act relating to San Diego ocean discharge and waste
water reclamation; jointly, to the Committees on Public Works
and Transportation and Merchant Marine and Fisheries.
By Ms. SNOWE (for herself and Mr. Andrews of New
Jersey):
H.R. 5177. A bill to authorize the Secretary of State to
deny passports to noncustodial parents subject to State
arrest warrants in cases of nonpayment of child support; to
the Committee on Foreign Affairs.
By Mr. GONZALEZ (for himself, Mr. Leach, Mr. Kennedy,
Mr. McCandless, and Mr. LaRocco):
H.R. 5178. A bill to amend the Fair Credit Reporting Act,
and for other purposes; to the Committee on Banking, Finance
and Urban Affairs.
By Ms. NORTON:
H.R. 5179. A bill to amend title 5, United States Code, to
strengthen child support enforcement orders through the
garnishment of amounts payable to Federal employees, and for
other purposes; jointly, to the Committees on Post Office and
Civil Service, Government Operations, and Foreign Affairs.
By Mr. ANDREWS of New Jersey:
H.R. 5180. A bill to reform the child support enforcement
system in order to maximize collections of child support
payments on behalf of poor children in the United States;
jointly, to the Committees on Ways and Means, the Judiciary,
and Banking, Finance and Urban Affairs.
By Mr. BAKER of Louisiana:
H.R. 5181. A bill to amend section 18 of the United States
Housing Act of 1937 to improve the program providing for
demolition and disposition of public housing; to the
Committee on Banking, Finance and Urban Affairs.
By Mr. BARTON of Texas:
H.R. 5182. A bill to adjust the designation of controlled
airspace around the Dallas/Fort
Worth Airport, TX, and for other purposes; to the Committee
on Public Works and Transportation.
By Mr. de la GARZA (for himself, Mr. Roberts, Mr.
Stenholm, Mr. Gunderson, Mr. Rose, Mr. Smith of
Oregon, Mr. Inslee, Mr. Combest, Mr. Allard, Mr.
Skeen, Mr. Thomas of Wyoming, Mr. Bonilla, Mr.
McInnis, Mr. Crapo, Mr. Barlow, Mr. Holden, Mr.
Penny, Mrs. Vucanovich, Mr. Volkmer, Mr. Williams,
Mr. Smith of Texas, Mr. Edwards of Texas, and Mr.
Johnson of South Dakota):
H.R. 5183. A bill to enable producers and feeders of sheep
and importers of sheep and sheep products to develop,
finance, and carry out a nationally coordinated program for
sheep and sheep product promotion, research, and information,
and for other purposes; to the Committee on Agriculture.
By Mr. GUNDERSON (for himself and Mr. Roberts):
H.R. 5184. A bill to enable the Secretary of Agriculture to
adjust the base period of milk production when calculating
refunds of assessments made in calendar year 1994 under
section 204(h) of the Agricultural Act of 1949 on milk
producers affected by floods and excessive moisture during
calendar year 1993; to the Committee on Agriculture.
By Mr. HERGER:
H.R. 5185. A bill to amend the National Historic
Preservation Act to prohibit the inclusion of certain sites
on the National Register of Historic Places, and for other
purposes; to the Committee on Natural Resources.
By Mr. HUGHES (by request):
H.R. 5186. A bill to amend title 18, United States Code,
with respect to the Bureau of Prisons; jointly, to the
Committees on the Judiciary and Government Operations.
By Mr. KILDEE:
H.R. 5187. A bill to amend section 7(m) of the Fair Labor
Standards Act of 1938 to eliminate the partial overtime
exemption for employees that perform services necessary and
incidental to the sale and processing of green and cigar leaf
tobacco; to the Committee on Education and Labor.
By Mr. KIM:
H.R. 5188. A bill to authorize the export of medical
devices to countries which have approved such devices; to the
Committee on Energy and Commerce.
By Mr. LIVINGSTON:
H.R. 5189. A bill to amend title 28, United States Code, to
provide that a reasonable attorney's fee shall be awarded as
a part of the cost to prevailing defendants in Federal civil
actions; to the Committee on the Judiciary.
By Mr. MINGE:
H.R. 5190. A bill to direct the Secretary of the Interior
to convey to the State of Minnesota the New London National
Fish Hatchery production facility; to the Committee on
Merchant Marine and Fisheries.
By Mr. MONTGOMERY:
H.R. 5191. A bill to amend the charter of the Veterans of
Foreign Wars; to the Committee on the Judiciary.
By Mr. PAYNE of New Jersey (for himself, Mr. Rush, Mr.
Evans, Mrs. Johnson of Connecticut, Mr. Wolf, Mr.
Mfume, Mr. Bonior, and Mr. Machtley):
H.R. 5192. A bill to require the Secretary of the Treasury
to mint coins in commemoration of black Revolutionary War
patriots; to the Committee on Banking, Finance and Urban
Affairs.
By Mr. PETRI:
H.R. 5193. A bill to amend the Internal Revenue Code of
1986 to reform the earned income tax credit; to the Committee
on Ways and Means.
By Mrs. SCHROEDER (for herself and Mrs. Morella):
H.R. 5194. A bill to amend title 13, United States Code, to
require the Bureau of the
[[Page 2351]]
Census to measure the status of women, and for other
purposes; to the Committee on Post Office and Civil Service.
By Mr. STARK:
H.R. 5195. A bill to require the Federal Trade Commission
to issue a trade regulation rule which requires the release
of prescriptions for contact lenses; to the Committee on
Energy and Commerce.
By Mr. TAUZIN:
H.R. 5196. A bill to suspend temporarily the duty on C.I.
Pigment Yellow 139; to the Committee on Ways and Means.
By Mr. TAUZIN:
H.R. 5197: A bill to suspend temporarily the duty on nickel
isoindoline pigment; to the Committee on Ways and Means.
By Mr. DeFAZIO:
H. Con. Res. 307. Concurrent resolution expressing the
sense of Congress regarding the U.S. position on the
disinsection of aircraft at the 11th meeting of the
Facilitation Division of the International Civil Aviation
Organization; jointly, to the Committees on Foreign Affairs
and Public Works and Transportation.
By Mr. HOYER (for himself and Mr. Wolf):
H. Con. Res. 308. Concurrent resolution concerning the
removal of Russian troops from the independent nation of
Moldova; to the Committee on Foreign Affairs.
By Mr. LEWIS of Kentucky (for himself, Mr. Calvert, Mr.
Sam Johnson, Mr. Hutchinson, Mr. Canady, Mr.
Doolittle, Mr. Talent, Mr. Ehlers, and Mr. Lucas):
H. Res. 569. Resolution expressing the sense of the House
of Representatives that the work of grassroots organizations
should not be considered lobbying; to the Commission on the
Judiciary.
Para. 120.71 private bills and resolutions
Under clause 1 of rule XXII.
Mr. WILSON introduced a bill (H.R. 5198) to authorize the
Secretary of Agriculture to convey certain lands in the Sam
Houston National Forest in the State of Texas to the current
occupant of the lands, the Gulf Coast Trades Center; which
was referred to the Committee on Natural Resources.
Para. 120.72 reports of committees on private bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. BROOKS: Committee on the Judiciary. H.R. 3344. A bill
for the relief of Lloyd B. Gamble (Rept. No. 103-836).
Referred to the House Calendar.
Mr. BROOKS: Committee on the Judiciary. H.R. 3917. A bill
for the relief of Arthur A. Carron, Jr., (Rept. No. 103-837).
Referred to the House Calendar.
Para. 120.73 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 65: Mr. Saxton.
H.R. 417: Mr. Regula, Mr. Lewis of California, Mr. Dornan,
Mr. Hefley, Mr. Klink, Mr. McInnis, Mr. Tucker, and Mr.
Grams.
H.R. 1500: Mr. Coyne and Mr. Reynolds.
H.R. 2420: Mr. Dixon.
H.R. 2460: Mrs. Clayton.
H.R. 2898: Mr. Owens.
H.R. 2959: Mr. Hutchinson.
H.R. 3059: Ms. DeLauro, Mr. Camp, and Mr. Manton.
H.R. 3247: Mr. Bonior.
H.R. 3523: Mr. Brown of California and Mr. Coppersmith.
H.R. 3949: Mr. Wilson.
H.R. 4260: Ms. Kaptur, Mr. Evans, Mr. Payne of New Jersey,
and Mr. Deutsch.
H.R. 4271: Ms. DeLauro.
H.R. 4303: Mr. Darden.
H.R. 4416: Mr. Hamilton, Mr. McCloskey, Mr. Kingston, Mr.
Sanders, Mr. Poshard, Mr. Emerson, and Ms. Long.
H.R. 4491: Mr. Fields of Texas, Mr. Duncan, Mr. Porter, and
Mr. Hefley.
H.R. 4514: Mr. Dixon.
H.R. 4566: Mr. Dreier.
H.R. 4610: Mr. Roberts, Mr. Coyne, Mr. de la Garza, Mr.
Hughes, and Mrs. Johnson of Connecticut.
H.R. 4636: Mr. Sawyer and Mr. Hughes.
H.R. 4698: Mr. Lewis of Georgia and Mr. Evans.
H.R. 4786: Mr. Beilenson.
H.R. 4789: Mr. McDermott.
H.R. 4809: Ms. Eshoo, Mr. Menendez, Mrs. Unsoeld, Mr.
Sawyer, Mr. Boucher, Mr. Barca of Wisconsin, Mr. Stupak, Mr.
Hochbrueckner, Mr. Bereuter, Mr. McHale, and Mr. Gingrich.
H.R. 4936: Mr. Thompson, Mr. Visclosky, and Mr. Kingston.
H.R. 4955: Mr. Lewis of Georgia, Mr. Fingerhut, Mr. Berman,
Mr. Mineta, and Mr. Sanders.
H.R. 4994: Mr. Sanders.
H.R. 5005: Mr. Engel and Mr. Ackerman.
H.R. 5033: Mr. Clinger, Mr. Boehner, Mr. Dickey, Mr.
Livingston, Mr. Costello, Mr. Bachus of Alabama, Mr.
Torkildsen, and Mr. McCandless.
H.R. 5037: Mr. Ehlers.
H.R. 5062: Mr. Peterson of Minnesota, Mr. Bonilla, Mr.
Clement, Mr. Serrano, Mr. Taylor of Mississippi, Mr.
Kingston, Mr. Camp, Mr. Tucker, and Ms. Margolies-Mezvinsky.
H.R. 5071: Mr. Applegate, Mr. Volkmer, Mr. McCurdy, Mr.
Jacobs, Ms. Pryce of Ohio, Mr. Dingell, Mr. Oxley, and Mr.
Williams.
H.R. 5082: Mr. Zimmer, Mr. Kyl, Mr. Stump, Mr. Stearns, Mr.
Barton of Texas, Mr. Sawyer, Mr. Gene Green of Texas, Mr.
Shaw, Mr. de la Garza, Mr. Mica, Mr. Gallegly, Mr. Kleczka,
Mr. Fingerhut, Mr. Buyer, Mr. Franks of Connecticut, Ms.
Woolsey, Mr. Lewis of Florida, Mr. Frost, Mr. Shays, Mr.
Stenholm, Mr. Ehlers, Mr. Barrett of Wisconsin, Mr.
Sensenbrenner, Mr. Oxley, Mr. Swift, Mr. Hyde, Mr. Burton of
Indiana, Mr. Bonilla, Mr. Wilson, Mr. Bryant, Mr. Brooks, Mr.
Sarpalius, Mr. Lazio, Mr. Combest, Ms. Eddie Bernice Johnson
of Texas, Mr. Vento, Ms. Kaptur, Mr. Hoagland, Mr. Chapman,
Mr. Pete Geren of Texas, Mr. Talent, Mr. Smith of Texas, Mr.
Edwards of Texas, Mr. Ortiz, Mr. Tejeda, Mr. Laughlin, Mr.
Coleman, Mr. Sam Johnson, Mr. Skelton, Mr. Baesler, Mr.
Hamilton, Mr. Hall of Ohio, Mr. Applegate, Mr. Goodling, Mr.
Gejdenson, Mr. Brown of California, and Mr. Hoke.
H.R. 5111: Ms. English of Arizona, Mr. Hayes, Mr. Roberts,
and Mr. Hutchinson.
H.R. 5141: Mr. Deutsch, Mr. Bonior, Mr. Gene Green of
Texas, Mr. Brown of California, Mr. Lantos, Mr. Abercrombie,
Mr. Johnston of Florida, Mr. Filner, Mr. Stokes, Mr. Stark,
Mr. Lazio, Mr. Penny, Mr. Swett, Mr. Moran, Ms. Waters, Ms.
Schenk, Mr. Calvert, Mr. Evans, Mr. Bilbray, and Mr.
Gejdenson.
H.J. Res. 184: Mr. Wynn, Mr. Rangel, Mr. Jefferson, Mr.
Callahan, Mr. Conyers, Mr. Kildee, Ms. Brown of Florida, Mr.
Calvert, and Mr. Crane.
H.J. Res. 332: Mr. McHale, Mr. Hobson, Mr. Levin, Mr.
Abercrombie, Mr. Rowland, Mr. Hoyer, Mr. Deutsch, Mr. Sabo,
Mr. Fish, Mr. Camp, and Mr. Oberstar.
H.J. Res. 385: Mr. Swett and Mr. Gordon.
H.J. Res. 400: Mr. Parker, Mr. Lewis of Florida, and Mr.
Martinez.
H.J. Res. 411: Mr. Lantos, Mr. Mineta, Mr. Fish, Mrs.
Maloney, Mr. Wynn, Mr. Underwood, Mr. Richardson, Mr.
Coppersmith, Mr. Dornan, Mr. Packard, Mr. Hefner, Mr. Taylor
of North Carolina, Mr. Watt, Mr. Clement, Mr. Rowland, and
Mr. Spratt.
H. Con. Res. 20: Mr. Moorhead.
H. Con. Res. 148: Mr. Holden and Mr. Moorhead.
H. Con. Res. 166: Mr. Dreier.
H. Con. Res. 262: Mr. Camp and Mr. Hoyer.
H. Con. Res. 281: Mr. Deutsch.
H. Con. Res. 297: Mr. Stump.
H. Res. 234: Mr. Cox, Mr. Rohrabacher, Mr. Shaw, and Mr.
Ackerman.
H. Res. 464: Mr. Martinez.
H. Res. 525: Mr. Zimmer and Ms. Pryce of Ohio.
H. Res. 541: Mr. Mfume.
Para. 120.74 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 173: Mr. Hefley.
H.R. 1420: Mr. Peterson of Minnesota.
H.R. 3949: Mr. Rangel.
H.R. 4129: Mr. Baesler.
.
THURSDAY, October 6, 1994 (121)
The House was called to order by the SPEAKER.
Para. 121.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Wednesday, October 5, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 121.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3919. A letter from the Auditor, District of Columbia,
transmitting a copy of a report entitled ``Review of
Implementation of the D.C. Depository Act During Fiscal Year
1992 and 1993,'' pursuant to D.C. Code, section 47-117(d); to
the Committee on the District of Columbia.
3920. A letter from the Inspector General, Environmental
Protection Agency, transmitting the EPA's annual Superfund
report for fiscal year 1993, pursuant to 31 U.S.C. 7501 note;
to the Committee on Energy and Commerce.
3921. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a report on
missile proliferation, pursuant to 22 U.S.C. 2797 note; to
the Committee on Foreign Affairs.
3922. A letter from the Acting Director, Office of
Management and Budget, transmitting OMB estimate of the
amount of change in outlays or receipts, as the case may be,
in each fiscal year through fiscal year 1999 resulting from
passage of H.R. 3841, pursuant to Public Law 101-508, section
13101(a) (104 Stat. 1388-582); to the Committee on Government
Operations.
3923. A letter from the Chair, Federal Energy Regulatory
Commission, transmitting a copy of the annual report in
compliance with the Government in the Sunshine Act during the
fiscal year 1993, pursuant to 5 U.S.C. 552b(j); to the
Committee on Energy and Commerce.
3924. A letter from the Administrator, Federal Aviation
Administration, transmitting its report on progress in
correcting defi-
[[Page 2352]]
ciencies in the Airmen and Aircraft Registry System, pursuant
to 49 U.S.C. app. 1401 note; to the Committee on Public Works
and Transportation.
3925. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the President's
determination that the Russian Federation is in full
compliance with the criteria of the Jackson-Vanik Amendment
and of the Trade Act of 1974 concerning the freedom to
emigrate to join a close relative in the United States,
pursuant to 19 U.S.C. 2432(c), (d) and 19 U.S.C. 2439(b); to
the Committee on Ways and Means.
Para. 121.3 recess--10:26 a.m.
The SPEAKER pro tempore, Mr. GEPHARDT, pursuant to the unanimous
consent agreement of September 30, 1994, declared the House in recess at
10 o'clock and 26 minutes a.m., subject to the call of the Chair.
Para. 121.4 after recess--12:33 p.m.
The SPEAKER pro tempore, Mr. SCHUMER, called the House to order.
Para. 121.5 proceedings printed in the record
On motion of Mr. WISE, by unanimous consent, the proceedings had
during the recess were ordered to be printed in the Record.
Para. 121.6 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed without amendment bills and a joint
resolution of the House of the following titles:
H.R. 1520. An Act to amend the Petroleum Marketing
Practices Act;
H.R. 4379. An Act to amend the Farm Credit Act of 1971 to
enhance the ability of the banks for cooperatives to finance
agricultural exports, and for other purposes; and
H.J. Res. 417. Joint Resolution providing for temporary
extension of the application of the final paragraph of
section 10 of the Railway Labor Act with respect to the
dispute between the Soo Line Railroad Company and certain of
its employees.
The message also announced that the Senate had passed with amendments
in which the concurrence of the House is requested, bills of the House
of the following titles:
H.R. 4455. An Act to authorize the Export-Import Bank of
the United States to provide financing for the export of
nonlethal defense articles and defense services the primary
end use of which will be for civilian purposes; and
H.R. 4489. An Act to authorize appropriations to the
Natural Aeronautics and Space Administration for human space
flight, science, aeronautics, and technology, mission
support, and Inspector General, and for other purposes.
The message also announced that the Senate agreed to the report of the
committee of conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 6) ``An Act to extend for
five years the authorizations of appropriations for the programs under
the Elementary and Secondary Education Act of 1965, and for other
purposes.''
The message also announced that the Senate agreed to the report of the
committee of conference on the disagreeing votes of the two Houses on
the amendments of the House to the bill (S. 2060) entitled ``An Act to
amend the Small Business Act and the Small Business Investment Act of
1958, and for other purposes.''
The message also announced that the Senate had a bill of the following
title in which the concurrence of the House is requested:
S. 2384. An Act to extend the deadlines applicable to
certain hydroelectric projects under the Federal Power Act,
and for other purposes.
Para. 121.7 h. res. 565--unfinished business
The SPEAKER pro tempore, Mr. SCHUMER, pursuant to clause 5, rule I,
announced the unfinished business to be the question on agreeing to the
resolution (H. Res. 565) providing for consideration of the bill (S.
455) to amend title 31, United States Code, to increase Federal payments
to units of general local government for entitlement lands, and for
other purposes.
The question being put,
Will the House agree to said resolution?
The vote was taken by electronic device.
It was decided in the
Yeas
384
<3-line {>
affirmative
Nays
28
Para. 121.8 [Roll No. 493]
YEAS--384
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Barca
Barcia
Barlow
Barrett (NE)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnson, Sam
Johnston
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roberts
Roemer
Rogers
Ros-Lehtinen
Rose
Rostenkowski
Roukema
Rowland
Roybal-Allard
Rush
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torres
Torricelli
Traficant
Unsoeld
Valentine
Velazquez
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Young (AK)
Young (FL)
Zeliff
NAYS--28
Ballenger
Barrett (WI)
Fawell
Franks (NJ)
Gilchrest
Gunderson
Hefley
Hoke
Kanjorski
Klug
Miller (CA)
Morella
Murphy
Penny
Petri
Porter
Ramstad
Roth
Royce
Sabo
Schaefer
Sensenbrenner
Taylor (MS)
Torkildsen
Upton
Vento
Yates
Zimmer
NOT VOTING--22
Applegate
Bentley
Blackwell
Brooks
Carr
Crane
Dornan
Ewing
Gallo
Istook
McCandless
McCurdy
Moran
Oxley
Ridge
Rohrabacher
Slattery
Sundquist
Towns
Tucker
Washington
Whitten
So the resolution was agreed to.
[[Page 2353]]
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 121.9 submission of conference report--h.r. 4278
Mr. GIBBONS submitted a conference report (Rept. No. 103-842) on the
bill (H.R. 4278) to make improvements in the old-age, survivors, and
disability insurance program under title II of the Social Security Act;
together with a statement thereon, for printing in the Record under the
rule.
Para. 121.10 order of business--consideration of conference report--h.r.
4278
On motion of Mr. GIBBONS, by unanimous consent,
Ordered, That the conference report on H.R. 4278 may be immediately
considered; that the conference report be considered as read; and that
any points of order against the conference report or its consideration
are waived.
Para. 121.11 social security act amendments
Mr. GIBBONS, pursuant to the foregoing order, called up the following
conference report (Rept. No. 103-842):
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
4278), to make improvements in the old-age, survivors, and
disability insurance program under title II of the Social
Security Act, having met, after full and free conference,
have agreed to recommend and do recommend to their respective
Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Domestic
Employment Reform Act of 1994''.
SEC. 2. SIMPLIFICATION OF EMPLOYMENT TAXES ON DOMESTIC
SERVICES.
(a) Threshold Requirement for Social Security Taxes.--
(1) Amendments of internal revenue code.--
(A) General rule.--Subparagraph (B) of section 3121(a)(7)
of the Internal Revenue Code of 1986 (defining wages) is
amended to read as follows:
``(B) cash remuneration paid by an employer in any calendar
year to an employee for domestic service in a private home of
the employer (including domestic service described in
subsection (g)(5)), if the cash remuneration paid in such
year by the employer to the employee for such service is less
than the applicable dollar threshold (as defined in
subsection (x)) for such year;''.
(B) Applicable dollar threshold.--Section 3121 of such Code
is amended by adding at the end thereof the following new
subsection:
``(x) Applicable Dollar Threshold.--For purposes of
subsection (a)(7)(B), the term `applicable dollar threshold'
means $1,000. In the case of calendar years after 1995, the
Commissioner of Social Security shall adjust such $1,000
amount at the same time and in the same manner as under
section 215(a)(1)(B)(ii) of the Social Security Act with
respect to the amounts referred to in section 215(a)(1)(B)(i)
of such Act, except that, for purposes of this paragraph,
1993 shall be substituted for the calendar year referred to
in section 215(a)(1)(B)(ii)(II) of such Act. If any amount as
adjusted under the preceding sentence is not a multiple of
$100, such amount shall be rounded to the next lowest
multiple of $100.''.
(C) Employment of domestic employees under age 18 excluded
from coverage.--Section 3121(b) of such Code (defining
employment) is amended--
(i) by striking ``or'' at the end of paragraph (19),
(ii) by striking the period at the end of paragraph (20)
and inserting ``; or'', and
(iii) by adding at the end the following new paragraph:
``(21) domestic service in a private home of the employer
which--
``(A) is performed in any year by an individual under the
age of 18 during any portion of such year; and
``(B) is not the principal occupation of such employee.''.
(D) Conforming amendments.--The second sentence of section
3102(a) of such Code is amended--
(i) by striking ``calendar quarter'' each place it appears
and inserting ``calendar year'', and
(ii) by striking ``$50'' and inserting ``the applicable
dollar threshold (as defined in section 3121(x)) for such
year''.
(2) Amendment of social security act.--
(A) General rule.--Subparagraph (B) of section 209(a)(6) of
the Social Security Act (42 U.S.C. 409(a)(6)(B)) is amended
to read as follows:
``(B) Cash remuneration paid by an employer in any calendar
year to an employee for domestic service in a private home of
the employer (including domestic service described in section
210(f)(5)), if the cash remuneration paid in such year by the
employer to the employee for such service is less than the
applicable dollar threshold (as defined in section 3121(x) of
the Internal Revenue Code of 1986) for such year;''.
(B) Employment of domestic employees under age 18 excluded
from coverage.--Section 210(a) of such Act (42 U.S.C. 410(a))
is amended--
(i) by striking ``or'' at the end of paragraph (19),
(ii) by striking the period at the end of paragraph (20)
and inserting ``; or'', and
(iii) by adding at the end the following new paragraph:
``(21) Domestic service in a private home of the employer
which--
``(A) is performed in any year by an individual under the
age of 18 during any portion of such year; and
``(B) is not the principal occupation of such employee.''.
(3) Effective dates.--
(A) In general.--Except as provided in subparagraph (B),
the amendments made by this subsection shall apply to
remuneration paid after December 31, 1993.
(B) Excluded employment.--The amendments made by paragraphs
(1)(C) and (2)(B) shall apply to services performed after
December 31, 1994.
(4) No loss of social security coverage for 1994;
continuation of w-2 filing requirement.--Notwithstanding the
amendments made by this subsection, if the wages (as defined
in section 3121(a) of the Internal Revenue Code of 1986) paid
during 1994 to an employee for domestic service in a private
home of the employer are less than $1,000--
(A) the employer shall file any return or statement
required under section 6051 of such Code with respect to such
wages (determined without regard to such amendments), and
(B) the employee shall be entitled to credit under section
209 of the Social Security Act with respect to any such wages
required to be included on any such return or statement.
(b) Coordination of Collection of Domestic Service
Employment Taxes With Collection of Income Taxes.--
(1) In general.--Chapter 25 of the Internal Revenue Code of
1986 (relating to general provisions relating to employment
taxes) is amended by adding at the end thereof the following
new section:
``SEC. 3510. COORDINATION OF COLLECTION OF DOMESTIC SERVICE
EMPLOYMENT TAXES WITH COLLECTION OF INCOME
TAXES.
``(a) General Rule.--Except as otherwise provided in this
section--
``(1) returns with respect to domestic service employment
taxes shall be made on a calendar year basis,
``(2) any such return for any calendar year shall be filed
on or before the 15th day of the fourth month following the
close of the employer's taxable year which begins in such
calendar year, and
``(3) no requirement to make deposits (or to pay
installments under section 6157) shall apply with respect to
such taxes.
``(b) Domestic Service Employment Taxes Subject to
Estimated Tax Provisions.--
``(1) In general.--Solely for purposes of section 6654,
domestic service employment taxes imposed with respect to any
calendar year shall be treated as a tax imposed by chapter 2
for the taxable year of the employer which begins in such
calendar year.
``(2) Employers not otherwise required to make estimated
payments.--Paragraph (1) shall not apply to any employer for
any calendar year if--
``(A) no credit for wage withholding is allowed under
section 31 to such employer for the taxable year of the
employer which begins in such calendar year, and
``(B) no addition to tax would (but for this section) be
imposed under section 6654 for such taxable year by reason of
section 6654(e).
``(3) Annualization.--Under regulations prescribed by the
Secretary, appropriate adjustments shall be made in the
application of section 6654(d)(2) in respect of the amount
treated as tax under paragraph (1).
``(4) Transitional rule.--In the case of any taxable year
beginning before January 1, 1998, no addition to tax shall be
made under section 6654 with respect to any underpayment to
the extent such underpayment was created or increased by this
section.
``(c) Domestic Service Employment Taxes.--For purposes of
this section, the term `domestic service employment taxes'
means--
``(1) any taxes imposed by chapter 21 or 23 on remuneration
paid for domestic service in a private home of the employer,
and
``(2) any amount withheld from such remuneration pursuant
to an agreement under section 3402(p).
For purposes of this subsection, the term `domestic service
in a private home of the employer' includes domestic service
described in section 3121(g)(5).
``(d) Exception Where Employer Liable for Other Employment
Taxes.--To the extent provided in regulations prescribed by
the Secretary, this section shall not apply to any employer
for any calendar year if such employer is liable for any tax
under this subtitle with respect to remuneration for services
other than domestic service in a private home of the
employer.
``(e) General Regulatory Authority.--The Secretary shall
prescribe such regulations as may be necessary or appropriate
to
[[Page 2354]]
carry out the purposes of this section. Such regulations may
treat domestic service employment taxes as taxes imposed by
chapter 1 for purposes of coordinating the assessment and
collection of such employment taxes with the assessment and
collection of domestic employers' income taxes.
``(f) Authority To Enter Into Agreements To Collect State
Unemployment Taxes.--
``(1) In general.--The Secretary is hereby authorized to
enter into an agreement with any State to collect, as the
agent of such State, such State's unemployment taxes imposed
on remuneration paid for domestic service in a private home
of the employer. Any taxes to be collected by the Secretary
pursuant to such an agreement shall be treated as domestic
service employment taxes for purposes of this section.
``(2) Transfers to state account.--Any amount collected
under an agreement referred to in paragraph (1) shall be
transferred by the Secretary to the account of the State in
the Unemployment Trust Fund.
``(3) Subtitle f made applicable.--For purposes of subtitle
F, any amount required to be collected under an agreement
under paragraph (1) shall be treated as a tax imposed by
chapter 23.
``(4) State.--For purposes of this subsection, the term
`State' has the meaning given such term by section
3306(j)(1).''.
(2) Clerical amendment.--The table of sections for chapter
25 of such Code is amended by adding at the end thereof the
following:
``Sec. 3510. Coordination of collection of domestic service employment
taxes with collection of income taxes.''.
(3) Effective date.--The amendments made by this subsection
shall apply to remuneration paid in calendar years beginning
after December 31, 1994.
(4) Expanded information to employers.--The Secretary of
the Treasury or the Secretary's delegate shall prepare and
make available information on the Federal tax obligations of
employers with respect to employees performing domestic
service in a private home of the employer. Such information
shall also include a statement that such employers may have
obligations with respect to such employees under State laws
relating to unemployment insurance and workers compensation.
SEC. 3. ALLOCATIONS TO FEDERAL DISABILITY INSURANCE TRUST
FUND.
(a) Allocation With Respect to Wages.--Section 201(b)(1) of
the Social Security Act (42 U.S.C. 401(b)(1)) is amended by
striking ``(O) 1.20 per centum'' and all that follows through
``December 31, 1999, and so reported,'' and inserting ``(O)
1.20 per centum of the wages (as so defined) paid after
December 31, 1989, and before January 1, 1994, and so
reported, (P) 1.88 per centum of the wages (as so defined)
paid after December 31, 1993, and before January 1, 1997, and
so reported, (Q) 1.70 per centum of the wages (as so defined)
paid after December 31, 1996, and before January 1, 2000, and
so reported, and (R) 1.80 per centum of the wages (as so
defined) paid after December 31, 1999, and so reported,''.
(b) Allocation With Respect to Self-Employment Income.--
Section 201(b)(2) of such Act (42 U.S.C. 401(b)(2)) is
amended striking ``(O) 1.20 per centum'' and all that follows
through ``December 31, 1999,'' and inserting ``(O) 1.20 per
centum of the amount of self-employment income (as so
defined) so reported for any taxable year beginning after
December 31, 1989, and before January 1, 1994, (P) 1.88 per
centum of the amount of self-employment income (as so
defined) so reported for any taxable year beginning after
December 31, 1993, and before January 1, 1997, (Q) 1.70 per
centum of the amount of self-employment income (as so
defined) so reported for any taxable year beginning after
December 31, 1996, and before January 1, 2000, and (R) 1.80
per centum of the amount of self-employment income (as so
defined) so reported for any taxable year beginning after
December 31, 1999,''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to wages paid after December 31,
1993, and self-employment income for taxable years beginning
after such date.
(d) Study on Rising Costs of Disability Benefits.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Commissioner of Social
Security shall conduct a comprehensive study of the reasons
for rising costs payable from the Federal Disability
Insurance Trust Fund.
(2) Matters to be included in study.--In conducting the
study under this subsection, the Commissioner of Social
Security shall--
(A) determine the relative importance of the following
factors in increasing the costs payable from the Trust Fund:
(i) increased numbers of applications for benefits;
(ii) higher rates of benefit allowances; and
(iii) decreased rates of benefit terminations; and
(B) identify, to the extent possible, underlying social,
economic, demographic, programmatic, and other trends
responsible for changes in disability benefit applications,
allowances, and terminations.
(3) Report.--Not later than October 1, 1995, the
Commissioner of Social Security shall transmit a report to
the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate
setting forth the results of the study conducted under this
subsection, together with any recommendations for legislative
changes which the Commissioner determines appropriate.
SEC. 4. NONPAYMENT OF BENEFITS TO INCARCERATED INDIVIDUALS
AND INDIVIDUALS CONFINED IN CRIMINAL CASES
PURSUANT TO CONVICTION OR BY COURT ORDER BASED
ON FINDINGS OF INSANITY.
(a) In General.--Section 202(x) of the Social Security Act
(42 U.S.C. 402(x)) is amended--
(1) in the heading, by inserting ``and Certain Other
Inmates of Publicly Funded Institutions'' after
``Prisoners'';
(2) by striking ``(x)(1) Notwithstanding'' and all that
follows through the end of paragraph (1) and inserting the
following:
``(x)(1)(A) Notwithstanding any other provision of this
title, no monthly benefits shall be paid under this section
or under section 223 to any individual for any month during
which such individual--
``(i) is confined in a jail, prison, or other penal
institution or correctional facility pursuant to his
conviction of an offense punishable by imprisonment for more
than 1 year (regardless of the actual sentence imposed), or
``(ii) is confined by court order in an institution at
public expense in connection with--
``(I) a verdict or finding that the individual is guilty
but insane, with respect to an offense punishable by
imprisonment for more than 1 year,
``(II) a verdict or finding that the individual is not
guilty of such an offense by reason of insanity,
``(III) a finding that such individual is incompetent to
stand trial under an allegation of such an offense, or
``(IV) a similar verdict or finding with respect to such an
offense based on similar factors (such as a mental disease, a
mental defect, or mental incompetence).
``(B)(i) For purposes of clause (i) of subparagraph (A), an
individual shall not be considered confined in an institution
comprising a jail, prison, or other penal institution or
correctional facility during any month throughout which such
individual is residing outside such institution at no expense
(other than the cost of monitoring) to such institution or
the penal system or to any agency to which the penal system
has transferred jurisdiction over the individual.
``(ii) For purposes of clause (ii) of subparagraph (A), an
individual confined in an institution as described in such
clause (ii) shall be treated as remaining so confined until--
``(I) he or she is released from the care and supervision
of such institution, and
``(II) such institution ceases to meet the individual's
basic living needs.'';
and
(3) in paragraph (3), by striking ``any individual'' and
all that follows and inserting ``any individual who is
confined as described in paragraph (1) if the confinement is
under the jurisdiction of such agency and the Commissioner of
Social Security requires such information to carry out the
provisions of this section.''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to benefits for months commencing
after 90 days after the date of the enactment of this Act.
SEC. 5. ADDITIONAL DEBT COLLECTION PRACTICES.
(a) In General.--Section 204 of the Social Security Act (42
U.S.C. 404) is amended by adding at the end the following new
subsection:
``(f)(1) With respect to any delinquent amount, the
Commissioner of Social Security may use the collection
practices described in sections 3711(f), 3716, and 3718 of
title 31, United States Code, as in effect on October 1,
1994.
``(2) For purposes of paragraph (1), the term `delinquent
amount' means an amount--
``(A) in excess of the correct amount of payment under this
title;
``(B) paid to a person after such person has attained 18
years of age; and
``(C) determined by the Commissioner of Social Security,
under regulations, to be otherwise unrecoverable under this
section after such person ceases to be a beneficiary under
this title.''.
(b) Conforming Amendment.--Section 3701(d) of title 31,
United States Code, is amended by inserting ``, except to the
extent provided under section 204(f) of such Act (42 U.S.C.
404(f)),'' after ``the Social Security Act (42 U.S.C. 301 et
seq.)''.
(c) Effective Date.--The amendments made by this section
shall apply to collection activities begun on or after the
date of the enactment of this Act and before October 1, 1999.
SEC. 6. NURSING HOMES REQUIRED TO REPORT ADMISSIONS OF SSI
RECIPIENTS.
(a) In General.--Section 1631(e)(1) of the Social Security
Act (42 U.S.C. 1383(e)(1)) is amended by adding at the end
the following new subparagraph:
``(C) For purposes of making determinations under section
1611(e), the requirements prescribed by the Commissioner of
Social Security pursuant to subparagraph (A) of this
paragraph shall require each administrator of a nursing home,
extended care facility, or intermediate care facility, within
2 weeks after the admission of any eligible individual or
eligible spouse receiving benefits under this title, to
transmit to the Commissioner a report of the admission.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to admissions occurring on or after October 1,
1995.
[[Page 2355]]
SEC. 7. RULE OF CONSTRUCTION.
Until March 31, 1995, any reference in this Act (other than
section 3(d)) or any amendment made by this Act to the
Commissioner of Social Security shall be deemed a reference
to the Secretary of Health and Human Services.
And the Senate agree to the same.
Sam Gibbons,
Dan Rostenkowski,
J.J. Pickle,
Andrew Jacobs, Jr.,
Harold Ford,
Bill Archer,
Jim Bunning,
Rick Santorum,
Managers on the Part of the House
Daniel Patrick Moynihan,
Max Baucus,
John Breaux,
Bob Packwood,
Bob Dole,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
On motion of Mr. JACOBS, the previous question was ordered on the
conference report to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. ROWLAND, announced that the yeas had it.
Mr. FORD of Tennessee objected to the vote on the ground that a quorum
was not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
423
When there appeared
<3-line {>
Nays
0
Para. 121.12 [Roll No. 494]
YEAS--423
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--11
Applegate
Bentley
Coyne
Dingell
Gallo
Slattery
Stark
Sundquist
Tucker
Washington
Whitten
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 121.13 u.s. armed forces in haiti
The SPEAKER pro tempore, Mr. ROWLAND, pursuant to the order of the
House of October 5, 1994, and rule XXIII, declared the House resolved
into the Committee of the Whole House on the state of the Union for the
further consideration of the joint resolution (H.J. Res. 416) providing
limited authorization for the participation of United States Armed
Forces in the multinational force in Haiti and providing for the prompt
withdrawal of United States Armed Forces from Haiti.
Mr. MAZZOLI, Chairman of the Committee of the Whole, resumed the
chair; and after some time spent therein,
The SPEAKER pro tempore, Mrs. MINK, assumed the Chair.
When Mr. MAZZOLI, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
Para. 121.14 providing for the further consideration of h.j. res. 416
Mr. HALL of Ohio, by direction of the Committee on Rules, called up
the following resolution (H. Res. 570):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for further
consideration of the joint resolution (H.J. Res. 416)
providing limited authorization for the participation of
United States Armed Forces in the multinational force in
Haiti and providing for the prompt withdrawal of United
States Armed Forces from Haiti. All time for general debate
under the terms of any previous order of the House shall be
considered as expired. After further general debate, which
shall be confined to the joint resolution and the amendments
made in order by this resolution and shall not exceed two
hours equally divided and controlled by the chairman and
ranking minority member of the Committee on Foreign Affairs,
the joint resolution shall be considered for amendment under
the five-minute rule and shall be considered as read. The
amendments printed in part 1 of the report of the Committee
on Rules accompanying this resolution shall be considered as
adopted in the House and the Committee of the Whole. No
further amendment shall be in order in the House or in the
Committee of the Whole except those printed in part 2 of the
report of the Committee on Rules. Each further amendment may
be offered only in the order printed in the report, may be
offered only by a Member designated in the report, shall be
considered as read, shall be debatable for the time specified
in the report
[[Page 2356]]
equally divided and controlled by the proponent and an
opponent, and shall not be subject to amendment except as
specified in the report. All points of order against the
amendments printed in the report are waived. If more than one
of the amendments printed in part 2 of the report is adopted,
only the last to be adopted shall be considered as finally
adopted and reported to the House. At the conclusion of
consideration of the joint resolution for amendment the
Committee shall rise and report the joint resolution to the
House with such amendment as may have been finally adopted.
The previous question shall be considered as ordered on the
joint resolution and any amendment thereto to final passage
without intervening motion except one motion to recommit with
or without instructions.
When said resolution was considered.
After debate,
On motion of Mr. HALL of Ohio, the previous question was ordered on
the resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mrs. MINK, announced that the yeas had it.
Mr. HALL of Ohio objected to the vote on the ground that a quorum was
not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
241
When there appeared
<3-line {>
Nays
182
Para. 121.15 [Roll No. 495]
YEAS--241
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Schenk
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--182
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Condit
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce (OH)
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Saxton
Schaefer
Schiff
Schroeder
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stump
Talent
Tanner
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--11
Applegate
Bentley
Gallo
Quillen
Slattery
Sundquist
Tucker
Valentine
Washington
Wheat
Whitten
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 121.16 u.s. armed forces in haiti
The SPEAKER pro tempore, Mrs. MINK, pursuant to House Resolution 570
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the joint resolution (H.J. Res. 416) providing limited authorization for
the participation of United States Armed Forces in the multinational
force in Haiti and providing for the prompt withdrawal of United States
Armed Forces from Haiti.
The SPEAKER pro tempore, Mrs. MINK, by unanimous consent, designated
Mr. DERRICK as Chairman of the Committee of the Whole; and after some
time spent therein,
The Committee rose informally to receive a message from the President.
The SPEAKER pro tempore, Mr. REED, assumed the Chair.
Para. 121.17 messages from the president
Sundry messages in writing from the President of the United States
were communicated to the House by Mr. Edwin Thomas, one of his
secretaries.
The Committee resumed its sitting; and after some further time spent
therein,
Para. 121.18 call in committee
Mr. FARR, Acting Chairman, announced that the Committee, having had
under consideration said bill, finding itself without a quorum, directed
the Members to record their presence by electronic device, and the
following-named Members responded--
Para. 121.19 [Roll No. 496]
ANSWERED ``PRESENT''--378
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Becerra
Beilenson
Bentley
Bereuter
Bevill
Bilbray
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clayton
Clement
Clinger
Coble
Coleman
Collins (GA)
Collins (IL)
Combest
Condit
Conyers
Cooper
Coppersmith
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Faleomavaega (AS)
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
[[Page 2357]]
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Furse
Gallegly
Gejdenson
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Hastert
Hastings
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Jacobs
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
Meehan
Meek
Menendez
Meyers
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Nadler
Neal (NC)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Swett
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Tejeda
Thomas (CA)
Thomas (WY)
Thornton
Thurman
Torkildsen
Torricelli
Towns
Traficant
Underwood (GU)
Unsoeld
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Waxman
Weldon
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (FL)
Zeliff
Zimmer
Thereupon, Mr. FARR, Acting Chairman, announced that 378 Members had
been recorded, a quorum.
The Committee rose informally to receive a further message from the
Senate.
The SPEAKER pro tempore, Mr. SERRANO, assumed the Chair.
Para. 121.20 further message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate agreed to the report of the committee of conference on
the disagreeing votes of the two Houses on the amendment of the Senate
to the bill (H.R. 4950) ``An Act to extend the authorities of the
Overseas Private Investment Corporation, and for other purposes.''
The message also announced that the Senate had passed a joint
resolution of the following title, in which the concurrence of the House
is requested:
S.J. Res. 229. Joint resolution regarding United States
policy toward Haiti.
The Committee resumed its sitting; and after some further time spent
therein,
Para. 121.21 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment in the nature of a substitute
submitted by Mr. GILMAN:
Strike all after the resolving clause and insert the
following:
SECTION 1. SHORT TITLE.
This joint resolution may be cited as the ``Withdrawal from
Haiti Resolution''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) On September 19, 1994, President Clinton introduced
United States Armed Forces into Haiti for purposes of
effecting a transition of power from the military regime of
General Raoul Cedras to President Jean-Bertrand Aristide.
(2) Under President Clinton's plan, approximately 20,000
United States Armed Forces personnel have been deployed to
Haiti and most are to remain there until, in the judgment of
the United Nations Security Council, they have established a
secure and stable environment and a follow-on United Nations
peacekeeping force known as the United Nations Mission in
Haiti (UNMIH) is capable of assuming their functions.
(3) In accordance with United Nations Security Council
Resolution 940 (1994), the UNMIH peacekeeping force is to
consist of 6,000 personnel and is to remain in Haiti until
February 1996.
(4) President Clinton intends for United States Armed
Forces personnel to comprise a substantial portion of the
UNMIH peacekeeping force that will remain in Haiti until
February 1996.
(5) President Clinton never requested or obtained the
authorization of the United States Congress for his plan to
deploy United States Armed Forces to Haiti.
(6) The incremental cost to the United States of President
Clinton's planned military occupation of Haiti is estimated
to total not less than $500 million and could be
significantly higher. In addition, it is anticipated that the
United States will provide hundreds of millions of dollars in
economic and humanitarian assistance to Haiti during the
military occupation.
(7) The deployment of United States Armed Forces to Haiti
is adversely affecting military readiness by placing an
enormous stain on a reduced military force structure and by
consuming considerable resources from an underfunded defense
budget.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(a) the President should not have ordered United States
Armed Forces to occupy Haiti;
(b) the President should immediately commence the safe and
orderly withdrawal of United States Armed Forces from Haiti
and should conclude that withdrawal as soon as possible in a
manner consistent with the safety of those Forces;
(c) the President should pursue all appropriate diplomatic
steps to ensure that the UNMIH peacekeeping force is promptly
put in place and is fully comprised of military personnel
from other countries.
SEC. 4. PROHIBITION ON FOREIGN COMMAND.
United States Armed Forces in Haiti shall remain under the
command and control (including operational control) of
officers of the United States Armed Forces at all times.
SEC. 5. REPORT ON THE SITUATION IN HAITI.
Not later than November 1, 1994, and monthly thereafter
until the cessation of Operation Uphold Democracy, the
President shall submit a report to Congress on the situation
in Haiti, including:
(a) a listing of the units of the United States Armed
Forces and of the police and military units of other nations
participating in operations in and around Haiti;
(b) the estimated duration of Operation Uphold Democracy
and progress toward the withdrawal of all United States Armed
Forces from Haiti consistent with the goal of section 3(b) of
this resolution;
(c) armed incidents or the use of force in or around Haiti
involving United States Armed Forces or Coast Guard personnel
in the time period covered by the report;
(d) the estimated cumulative incremental cost of all U.S.
activities subsequent to September 30, 1993 in and around
Haiti, including but not limited to:
(1) the cost of all deployments of United States Armed
Forces and Coast Guard personnel, training, exercises,
mobilization, and preparation activities, including the
preparation of police and military units of the other nations
of the multinational force involved in enforcement of
sanctions, limits on migration, establishment and maintenance
of migrant facilities at Guantanamo Bay and elsewhere, and
all other activities relating to operations in and around
Haiti; and
(2) the costs of all other activities relating to United
States policy toward Haiti, including humanitarian
assistance, reconstruction, aid and other financial
assistance, and all other costs to the United States
Government;
(e) a detailed accounting of the source of funds obligated
or expended to meet the costs described in subparagraph (d),
including:
(1) in the case of funds expended from the Department of
Defense budget, a breakdown by military service or defense
agency, line item and program, and
(2) in the case of funds expended from the budgets of
department and agencies other than the Department of Defense,
a breakdown by department or agency and program;
(f) the Administration plan for financing the costs of the
operations and the impact on readiness without supplemental
funding;
(g) a description of the situation in Haiti, including:
(1) the security situation;
(2) the progress made in transferring the functions of
government to the democratically elected government of Haiti;
and
(3) progress toward holding free and fair parliamentary
elections.
(h) a description of issues relating to the United Nations
Mission in Haiti (UNMIH), including
(1) the preparedness of the United Nations Mission in Haiti
(UNMIH) to deploy to Haiti to assume its functions;
(2) troop commitments by other nations to UNMIH;
[[Page 2358]]
(3) the anticipated cost to the United States of
participation in UNMIH, including payments to the United
Nations and financial, material and other assistance to
UNMIH;
(4) proposed or actual participation of United States Armed
Forces in UNMIH;
(5) proposed command arrangements for UNMIH, including any
proposed or actual placement of United States Armed Forces
under foreign command; and
(6) the anticipated duration of UNMIH.
SEC. 6. REPORT ON HUMAN RIGHTS.
Not later than January 1, 1995, the Secretary of State
shall report to Congress on the participation or involvement
of any member of the de jure or de facto Haitian government
in violations of internationally-recognized human rights from
December 15, 1990 to December 15, 1994.
SEC. 7. REASSEMBLY OF CONGRESS.
It is the sense of the Congress that the Speaker of the
House of Representatives and the Majority Leader of the
Senate, acting jointly after consultation with the Minority
Leader of the House of Representatives and the Minority
Leader of the Senate, respectively, should monitor closely
events in Haiti in considering whether to exercise any
authority that may be granted to reassemble the Congress
after the adjournment of the Congress sine die.
SEC. 8. ESTABLISHMENT OF CONGRESSIONAL COMMISSION ON HAITI.
(a) Establishment and Duties.--there is established a
congressional commission to assess the humanitarian,
political, and diplomatic conditions in Haiti and to present
to the Congress a report offering appropriate policy options
available to the United States with respect to Haiti. The
Commission shall call upon recognized experts on Haiti and
Haitian culture, as well as experts on health and social
welfare, political institution building, and diplomatic
processes and negotiations.
(b) Composition of Commission.--The Commission shall
consist of the following Members of Congress (or their
designees);
(1) The Speaker of the House of Representatives;
(2) The minority leader of the House of Representatives;
(3) The chairman and ranking Member of the following
committees of the House of Representatives:
(A) The Committee on Appropriations;
(B) The Committee on foreign Affairs;
(C) The Permanent Select Committee on Intelligence;
(D) The Committee on Armed Services;
(4) The majority leader of the Senate;
(5) The minority leader of the Senate;
(6) The chairman and ranking Member of the following
committees of the Senate:
(A) The Committee on Appropriations;
(B) The Committee on Foreign Relations;
(C) The Permanent Select Committee on Intelligence;
(D) The Committee on Armed Services; and
(7) The chairman and vice-chairman of the Congressional
Hunger Caucus.
(c) Report of Commission.--Not later than 45 days after
enactment of this joint resolution, the Commission shall
submit to the Congress a report on the Commission's analysis
and assessment of appropriate policy options available to the
United States with respect to Haiti.
SEC. 9. JOINT RESOLUTION PROHIBITING CONTINUED USE OF UNITED
STATES ARMED FORCES IN HAITI.
(a) In General.--If a joint resolution described in
subsection (b) is enacted, the President shall remove United
States Armed Forces from Haiti in accordance with such joint
resolution.
(b) Description of Joint Resolution.--For purposes of
subsection (a), a joint resolution described in this
subsection is a joint resolution the matter after the
resolving clause of which is as follows: ``Pursuant to
section 9 of the Withdrawal from Haiti Resolution, the
Congress hereby directs the President to remove United States
Armed Forces from Haiti not later than 30 days after the date
of the enactment of this joint resolution, except for a
limited number of members of the United States Armed Forces
sufficient to protect United States diplomatic facilities and
personnel.''.
(c) Priority Procedures.--
(1) Introduction of joint resolution.--Paragraph (2) shall
apply only to a joint resolution described in subsection (b)
and introduced on January 3, 1995, or if the Congress is not
in session on that date, the first day of session thereafter,
if all United States Armed Forces have not been withdrawn
from Haiti by that date.
(2) Consideration of joint resolution.--Any joint
resolution described in subsection (b) and introduced in
accordance with paragraph (1) shall be referred to the
Committee on Foreign Affairs of the House of Representatives
or the Committee on Foreign Relations of the Senate, as the
case may be, and one such resolution shall be reported out by
such committee together with its recommendations by January
18, 1995, unless such House shall otherwise determine by the
yeas and nays. Any joint resolution reported or required to
be reported pursuant to the preceding sentence shall become
the pending business of the House in question (in the case of
the Senate the time for debate shall be equally divided
between the proponents and the opponents) and shall be voted
on no later than January 21, 1995, or if the House in
question is not in session on that date, the first day of
session of such House thereafter, unless such House shall
otherwise determine by the yeas and nays. The procedures
described in subsections 7(c) and 7(d) of the War Powers
Resolution (50 U.S.C. 1546) shall apply to further
congressional consideration of any joint resolution approved
by either House pursuant to the preceding sentence.
Yeas
205
It was decided in the
Nays
225
<3-line {>
negative
Answered present
1
Para. 121.22 [Roll No. 497]
AYES--205
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Carr
Castle
Clinger
Coble
Collins (GA)
Combest
Condit
Coppersmith
Cox
Crane
Crapo
Cunningham
Danner
DeLay
Diaz-Balart
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Filner
Fish
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Harman
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Holden
Horn
Houghton
Hunter
Hutchinson
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson (SD)
Johnson, Sam
Kasich
Kildee
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lambert
Lazio
Leach
Levy
Lewis (CA)
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lucas
Machtley
Manzullo
Margolies-Mezvinsky
Mazzoli
McCandless
McCollum
McCrery
McCurdy
McDade
McHugh
McInnis
McKeon
McMillan
McNulty
Meyers
Mica
Michel
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Parker
Paxon
Peterson (MN)
Petri
Pombo
Pomeroy
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schenk
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Swett
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Traficant
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--225
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Bacchus (FL)
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Cooper
Costello
Coyne
Cramer
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dickey
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Fingerhut
Flake
Foglietta
Foley
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lloyd
Long
Lowey
Maloney
Mann
Manton
Markey
Martinez
Matsui
McCloskey
McDermott
McHale
McKinney
Meehan
Meek
Menendez
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Pickett
Pickle
Poshard
Price (NC)
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Romero-Barcelo (PR)
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slaughter
[[Page 2359]]
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
ANSWERED ``PRESENT''--1
Barrett (NE)
NOT VOTING--9
Applegate
Gallo
Huffington
Mfume
Slattery
Sundquist
Tucker
Washington
Whitten
So the amendment in the nature of a substitute was not agreed to.
After some further time,
Para. 121.23 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment in the nature of a substitute
submitted by Mr. DELLUMS:
Strike all after the resolving clause and insert the
following:
SECTION 1. SENSE OF CONGRESS REGARDING UNITED STATES ARMED
FORCES OPERATIONS IN HAITI.
It is the sense of Congress that--
(a) the men and women of the United States Armed Forces in
Haiti who are performing with professional excellence and
dedicated patriotism are to be commended;
(b) the President should have sought and welcomed
Congressional approval before deploying United States Armed
Forces to Haiti;
(c) the departure from power of the de facto authorities in
Haiti, and Haitian efforts to achieve national
reconciliation, democracy and the rule of law are in the best
interests of the Haitian people:
(d) the President's lifting of the unilateral economic
sanctions on Haiti, and his efforts to bring about the
lifting of economic sanctions imposed by the United Nations
are appropriate; and
(e) Congress supports a prompt and orderly withdrawal of
all United States Armed Forces from Haiti as soon as
possible.
SEC. 2. PRESIDENTIAL STATEMENT OF NATIONAL SECURITY
OBJECTIVES.
The President shall prepare and submit to the President Pro
Tempore of the Senate and the Speaker of the House of
Representatives (hereafter, ``Congress'') not later than
seven days after enactment of this resolution a statement of
the national security objectives to be achieved by Operation
Uphold Democracy, and a detailed description of United States
policy, the military mission and the general rules of
engagement under which operations of United States Armed
Forces are conducted in and around Haiti, including the role
of United States Armed Forces regarding Haitian on Haitian
violence, and efforts to disarm Haitian military or police
forces, or civilians. Changes or modifications to such
objectives, policy, military mission, or general rules of
engagement shall be submitted to Congress within forty-eight
hours of approval.
SEC. 3. REPORT ON THE SITUATION IN HAITI.
Not later than November 1, 1994, and monthly thereafter
until the cessation of Operation Uphold Democracy, the
President shall submit a report to Congress on the situation
in Haiti, including:
(a) a listing of the units of the United States Armed
Forces and of the police and military units of other nations
participating in operations in and around Haiti;
(b) the estimated duration of Operation Uphold Democracy
and progress toward the withdrawal of all United States Armed
Forces from Haiti consistent with the goal of section 1(c) of
this resolution;
(c) armed incidents or the use of force in or around Haiti
involving United States Armed Forces or Coast Guard personnel
in the time period covered by the report;
(d) the estimated cumulative incremental cost of all U.S.
activities subsequent to September 30, 1993 in and around
Haiti, including but not limited to:
(1) the cost of all deployments of United States Armed
Forces and Coast Guard personnel, training, exercises,
mobilization, and preparation activities, including the
preparation of police and military units of the other nations
of the multinational force involved in enforcement of
sanctions, limits on migration, establishment and maintenance
of migrant facilities at Guantanamo Bay and elsewhere, and
all other activities relating to operations in and around
Haiti; and
(2) the costs of all other activities relating to United
States policy toward Haiti, including humanitarian
assistance, reconstruction, aid and other financial
assistance, and all other costs to the United States
Government;
(e) a detailed accounting of the source of funds obligated
or expended to meet the costs described in subparagraph (d),
including:
(1) in the case of funds expended from the Department of
Defense budget, a breakdown by military service or defense
agency, line item and program, and
(2) in the case of funds expended from the budgets of
departments and agencies other than the Department of
Defense, by department or agency and program;
(f) the Administration plan for financing the costs of the
operations and the impact on readiness without supplemental
funding;
(g) a description of the situation in Haiti, including:
(1) the security situation;
(2) the progress made in transferring the functions of
government to the democratically elected government of Haiti;
and
(3) progress toward holding free and fair parliamentary
elections.
(h) a description of issues relating to the United Nations
Mission in Haiti (UNMIH), including:
(1) the preparedness of the United Nations Mission in Haiti
(UNMIH) to deploy to Haiti to assume its functions;
(2) troop commitments by other nations to UNMIH;
(3) the anticipated cost to the United States of
participation in UNMIH, including payments to the United
Nations and financial, material and other assistance to
UNMIH;
(4) proposed or actual participation of United States Armed
Forces in UNMIH;
(5) proposed command arrangements for UNMIH, including
proposed or actual placement of United States Armed Forces
under foreign command; and
(6) the anticipated duration of UNMIH.
SEC. 4. REPORT ON HUMAN RIGHTS.
Not later than January 1, 1995, the Secretary of State
shall report to Congress on the participation or involvement
of any member of the de jure or de facto Haitian government
in violations of internationally-recognized human rights from
December 15, 1990 to December 15, 1994.
SEC. 5. REPORT ON U.S. AGREEMENTS.
Not later than November 15, 1994, the Secretary of State
shall provide a comprehensive report to Congress on all
agreements the United States has entered into with other
nations, including any assistance pledged or provided, in
connection with United States efforts in Haiti. Such report
shall also include information on any agreements or
commitments relating to United Nations Security Council
actions concerning Haiti since 1992.
SEC. 6. TRANSITION TO UNITED NATIONS MISSION IN HAITI.
Nothing in this resolution should be construed or
interpreted to constitute Congressional approval or
disapproval of the participation of United States Armed
Forces in the United Nations Mission in Haiti.
Yeas
258
It was decided in the
Nays
167
<3-line {>
affirmative
Answered present
1
Para. 121.24 [Roll No. 498]
AYES--258
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Bacchus (FL)
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bateman
Becerra
Beilenson
Bentley
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Callahan
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dickey
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Glickman
Gonzalez
Gordon
Grandy
Green
Gunderson
Gutierrez
Hall (OH)
Hamburg
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Hoke
Hoyer
Hughes
Hutto
Inglis
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Klein
Klink
Kopetski
Kreidler
LaFalce
Lantos
LaRocco
Laughlin
Lehman
Lewis (CA)
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
McCloskey
McCollum
McDade
McDermott
McHale
McKinney
Meehan
Meek
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Pickett
Pickle
Pomeroy
Porter
Poshard
Price (NC)
Quinn
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Romero-Barcelo (PR)
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sangmeister
Santorum
Sarpalius
Sawyer
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Spence
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tanner
Tauzin
Taylor (MS)
[[Page 2360]]
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Towns
Traficant
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
NOES--167
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Bartlett
Barton
Bereuter
Bliley
Boehner
Bonilla
Bunning
Burton
Buyer
Calvert
Camp
Canady
Cantwell
Coble
Collins (GA)
Combest
Condit
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Doolittle
Dreier
Duncan
Dunn
Ewing
Faleomavaega (AS)
Fawell
Fields (TX)
Filner
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hefley
Herger
Hobson
Hoekstra
Holden
Horn
Houghton
Hunter
Hutchinson
Hyde
Istook
Johnson (SD)
Johnson, Sam
Kasich
Kildee
Kim
King
Kingston
Kleczka
Klug
Knollenberg
Kolbe
Kyl
Lambert
Lancaster
Lazio
Leach
Levin
Levy
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manzullo
Mazzoli
McCandless
McCrery
McCurdy
McHugh
McInnis
McKeon
McMillan
McNulty
Menendez
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Myers
Nussle
Orton
Oxley
Packard
Pallone
Parker
Paxon
Peterson (MN)
Petri
Pombo
Portman
Pryce (OH)
Quillen
Ramstad
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Sanders
Saxton
Schaefer
Schenk
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skaggs
Smith (NJ)
Smith (TX)
Snowe
Solomon
Stearns
Stenholm
Stump
Swett
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torricelli
Upton
Walker
Williams
Young (AK)
Young (FL)
Zeliff
Zimmer
ANSWERED ``PRESENT''--1
Owens
NOT VOTING--13
Applegate
Dornan
Fish
Gallo
Huffington
Inhofe
Ravenel
Slattery
Smith (OR)
Sundquist
Tucker
Washington
Whitten
So the amendment in the nature of a substitute was agreed to.
The SPEAKER pro tempore, Mr. STUDDS, assumed the Chair.
When Mr. McDERMOTT, Acting Chairman, reported that the Committee,
having had under consideration said bill, had come to no resolution
thereon.
Para. 121.25 submission of conference report--s. 1569
Mr. WAXMAN submitted a conference report (Rept. No. 103-843) on the
bill of the Sente (S. 1569) to amend the Public Health Service Act to
revise and extend programs relating to the health of individuals who are
members of minority groups, and for other purposes; together with a
statement thereon, for printing in the Record under the rule.
Para. 121.26 u.s. armed forces in haiti
The SPEAKER pro tempore, Mr. STUDDS, pursuant to House Resolution 570
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the joint resolution (H.J. Res. 416) providing limited authorization for
the participation of United States Armed Forces in the multinational
force in Haiti and providing for the prompt withdrawal of United States
Armed Forces from Haiti.
Mr. McDERMOTT, Acting Chairman, assumed the chair; and after some time
spent therein,
Para. 121.27 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment in the nature of a substitute
submitted by Mr. TORRICELLI:
Strike all after the resolving clause and insert the
following:
SECTION 1. SHORT TITLE.
This joint resolution may be cited as the ``Limited
Authorization for the United States-led Force in Haiti
Resolution''.
SEC. 2. FINDINGS AND STATEMENT OF POLICY.
(a) Findings.--The Congress finds the following:
(1) On September 18, 1994, the special delegation to Haiti
succeeded in convincing the de facto authorities in Haiti to
sign the Port-au-Prince Agreement under which such
authorities agreed to leave power.
(2) On September 18, 1994, after the Port-au-Prince
Agreement was reached, the President ordered the deployment
of United States Armed Forces in and around Haiti.
(3) On September 21, 1994, the President submitted a
report, consistent with the War Powers Resolution (50 U.S.C.
1541 et seq.), on the introduction of United States Armed
Forces into Haiti.
(4) The Congress fully supports the men and women of the
United States Armed Forces who are carrying out their mission
in Haiti with professional excellence and dedicated
patriotism.
(b) Statement of Policy.--The Congress declares the
following:
(1) The United States-led force in Haiti should use all
necessary means to protect United States citizens, to
stabilize the security situation in Haiti so that orderly
progress may be made in transferring the functions of
government in that country to the democratically-elected
government of Haiti, and to facilitate the provision of
humanitarian assistance to the people of Haiti.
(2) Transfer of operations in Haiti from the United States-
led force in Haiti to the United Nations-led force in Haiti
should be facilitated and expedited to the fullest extent
possible.
(3) United States Armed Forces should be withdrawn from
Haiti as soon as possible.
SEC. 3. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.
(a) Authorization.--Subject to subsection (b), United
States Armed Forces are authorized to participate in the
United States-led force in Haiti only--
(1) to protect United States citizens;
(2) to stabilize the security situation in Haiti so that
orderly progress may be made in transferring the functions of
government in that country to the democratically-elected
government of Haiti; and
(3) to facilitate the provision of humanitarian assistance
to the people of Haiti.
(b) Limitations.--
(1) termination of authorization.--The authorization
provided by subsection (a) shall expire on March 1, 1995,
unless the President determines and certifies to Congress in
the report required by section 4(b)(3) that the continued
participation of US armed forces in the US-led force is
essential to protect US citizens or vital US national
security interests.
(2) Prohibition on foreign command.--United States Armed
Forces described in subsection (a) shall remain under the
command and control of officers of the United States Armed
Forces at all times.
SEC. 4. REPORTS TO CONGRESS.
(a) In General.--The President shall submit to the Congress
reports on--
(1) the participation of United States Armed Forces in the
United States-led force in Haiti and the United Nations-led
force in Haiti, including--
(A) the number of members of the United States Armed Forces
that are participating in such United States-led force and
such United Nations-led force;
(B) the functions of such Armed Forces; and
(C) the costs of deployment of such Armed Forces; and
(2) the efforts to withdraw United States Armed Forces from
Haiti, including--
(A) for the purpose of achieving a transition from the
United States-led force in Haiti to the United Nations-led
force in Haiti, the status of efforts to implement the Port-
au-Prince Agreement and to otherwise carry out the terms of
United Nations Security Council Resolutions 917 (May 6, 1994)
and 940 (July 31, 1994);
(B) the status of plans to accomplish such transition to
the United Nations-led force in Haiti; and
(C) the status of plans to withdraw United States Armed
Forces from Haiti.
(b) Reporting Dates.--A report under this section shall be
submitted--
(1) not later than November 30, 1994, covering the period
since September 18, 1994;
(2) not later than December 31, 1994, covering the period
since the report described in paragraph (1); and
(3) not later than February 1, 1995, covering the period
since the report described in paragraph (2).
(c) War Powers Resolution Reporting Requirements.--The
requirements of this section do not supersede the
requirements of the War Powers Resolution (50 U.S.C. 1541 et
seq.).
SEC. 5. REASSEMBLY OF CONGRESS.
It is the sense of the Congress that the speaker of the
House of Representatives and the majority leader of the
Senate, acting jointly after consultation with the minority
leader of the House of Representatives and the minority
leader of the Senate, respectively, should monitor closely
events in Haiti in considering whether to exercise any
authority that may be granted to reassemble the Congress
after the adjournment of the Congress sine die, if the public
interest shall warrant it.
SEC. 6. JOINT RESOLUTION PROHIBITING CONTINUED USE OF UNITED
STATES ARMED FORCES IN HAITI.
(a) In General.--If a joint resolution described in
subsection (b) is enacted, the President shall remove United
States Armed Forces from Haiti in accordance with such joint
resolution.
(b) Description of Joint Resolution.--For purposes of
subsection (a), a joint resolution
[[Page 2361]]
described in this subsection is a joint resolution the matter
after the resolving clause of which is as follows: ``Pursuant
to section 6 of the Limited Authorization for the United
States-led Force in Haiti Resolution, the Congress hereby
directs the President to remove United States Armed Forces
from Haiti not later than 30 days after the date of the
enactment of this joint resolution, except for a limited
number of members of the United States Armed Forces
sufficient to protect United States diplomatic facilities and
personnel.''.
(c) Priority Procedures.--
(1) Introduction of joint resolution.--Paragraph (2) shall
only apply to a joint resolution described in subsection (b)
and introduced on or after the date on which the President
submits, or is required to submit, the report required by
section 4(b)(3).
(2) Consideration of joint resolution.--Only one joint
resolution described in subsection (b) and introduced in
accordance with paragraph (1) shall be considered in
accordance with the procedures described in section 7 of the
War Powers Resolution (50 U.S.C. 1546), except that, for
purposes of such consideration, the term ``calendar days'' in
such section shall be deemed to mean ``legislative days''.
SEC. 7. DEFINITIONS.
For purposes of this joint resolution, the following
definitions apply:
(1) Legislative days.--The term ``legislative days'' means
days in which the House of Representatives is in session.
(2) Port-au-prince agreement.--The term ``Port-au-Prince
Agreement'' means the agreement reached between the United
States special delegation and the de facto authorities in
Haiti on September 18, 1994.
(3) United nations-led force in haiti.--The term ``United
Nations-led force in Haiti'' means the United Nations Mission
in Haiti (commonly referred to as ``UNMIH'') authorized by
United Nations Security Council Resolutions 867 (September
23, 1993), 905 (March 23, 1994), 933 (June 30, 1994), and 940
(July 31, 1994).
(4) United states-led force in haiti.--The term ``United
States-led force in Haiti'' means the multinational force
(commonly referred to as ``MNF'') authorized by United
Nations Security Council Resolution 940 (July 31, 1994).
SEC. 8. AUTHORITY OF CONGRESS TO DECLARE WAR.
It is the sense of the Congress that, under circumstances
existing prior to concluding the Port-au-Prince Agreement,
the Constitution of the United States would have required the
President to obtain the approval of the Congress before
ordering United States Armed Forces to invade Haiti to remove
the de facto authorities in Haiti.
It was decided in the
Yeas
27
<3-line {>
negative
Nays
398
Para. 121.28 [Roll No. 499]
AYES--27
Ackerman
Cantwell
Clement
Deutsch
Faleomavaega (AS)
Gephardt
Hamilton
Kaptur
Kleczka
Kopetski
Lambert
Lancaster
McDermott
Menendez
Minge
Neal (MA)
Pallone
Penny
Richardson
Rostenkowski
Sanders
Sharp
Skaggs
Stupak
Synar
Torricelli
Williams
NOES--398
Abercrombie
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (NC)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Reed
Regula
Reynolds
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Shaw
Shays
Shepherd
Shuster
Sisisky
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Swett
Swift
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Towns
Traficant
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--14
Applegate
Fish
Gallo
Huffington
Inhofe
Lewis (FL)
Ravenel
Romero-Barcelo (PR)
Slattery
Smith (OR)
Sundquist
Tucker
Washington
Whitten
So the amendment in the nature of substitute was not agreed to.
The SPEAKER resumed the Chair.
When Mr. McDERMOTT, Acting Chairman, pursuant to House Resolution 570,
reported the joint resolution back to the House with an amendment
adopted by the Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the resolving clause and insert:
SECTION 1. SENSE OF CONGRESS REGARDING UNITED STATES ARMED
FORCES OPERATIONS IN HAITI.
It is the sense of Congress that--
(a) the men and women of the United States Armed Forces in
Haiti who are performing with professional excellence and
dedicated patriotism are to be commended;
(b) the President should have sought and welcomed
Congressional approval before deploying United States Armed
Forces to Haiti;
(c) the departure from power of the de facto authorities in
Haiti, and Haitian efforts to achieve national
reconciliation, democracy and the rule of law are in the best
interests of the Haitian people:
(d) the President's lifting of the unilateral economic
sanctions on Haiti, and his efforts to bring about the
lifting of economic sanctions imposed by the United Nations
are appropriate; and
(e) Congress supports a prompt and orderly withdrawal of
all United States Armed Forces from Haiti as soon as
possible.
SEC. 2. PRESIDENTIAL STATEMENT OF NATIONAL SECURITY
OBJECTIVES.
The President shall prepare and submit to the President Pro
Tempore of the Senate and the Speaker of the House of
Representatives (hereafter, ``Congress'') not later than
seven days after enactment of this resolution a statement of
the national security objectives to be achieved by Operation
Uphold Democracy, and a detailed description of United States
policy, the military mission and the general rules of
engagement under which operations of United States Armed
Forces are conducted in and around Haiti, including the role
of United States Armed Forces regarding Haitian on Haitian
violence, and efforts
[[Page 2362]]
to disarm Haitian military or police forces, or civilians.
Changes or modifications to such objectives, policy, military
mission, or general rules of engagement shall be submitted to
Congress within forty-eight hours of approval.
SEC. 3. REPORT ON THE SITUATION IN HAITI.
Not later than November 1, 1994, and monthly thereafter
until the cessation of Operation Uphold Democracy, the
President shall submit a report to Congress on the situation
in Haiti, including:
(a) a listing of the units of the United States Armed
Forces and of the police and military units of other nations
participating in operations in and around Haiti;
(b) the estimated duration of Operation Uphold Democracy
and progress toward the withdrawal of all United States Armed
Forces from Haiti consistent with the goal of section 1(c) of
this resolution;
(c) armed incidents or the use of force in or around Haiti
involving United States Armed Forces or Coast Guard personnel
in the time period covered by the report;
(d) the estimated cumulative incremental cost of all U.S.
activities subsequent to September 30, 1993 in and around
Haiti, including but not limited to:
(1) the cost of all deployments of United States Armed
Forces and Coast Guard personnel, training, exercises,
mobilization, and preparation activities, including the
preparation of police and military units of the other nations
of the multinational force involved in enforcement of
sanctions, limits on migration, establishment and maintenance
of migrant facilities at Guantanamo Bay and elsewhere, and
all other activities relating to operations in and around
Haiti; and
(2) the costs of all other activities relating to United
States policy toward Haiti, including humanitarian
assistance, reconstruction, aid and other financial
assistance, and all other costs to the United States
Government;
(e) a detailed accounting of the source of funds obligated
or expended to meet the costs described in subparagraph (d),
including:
(1) in the case of funds expended from the Department of
Defense budget, a breakdown by military service or defense
agency, line item and program, and
(2) in the case of funds expended from the budgets of
departments and agencies other than the Department of
Defense, by department or agency and program;
(f) the Administration plan for financing the costs of the
operations and the impact on readiness without supplemental
funding;
(g) a description of the situation in Haiti, including:
(1) the security situation;
(2) the progress made in transferring the functions of
government to the democratically elected government of Haiti;
and
(3) progress toward holding free and fair parliamentary
elections.
(h) a description of issues relating to the United Nations
Mission in Haiti (UNMIH), including:
(1) the preparedness of the United Nations Mission in Haiti
(UNMIH) to deploy to Haiti to assume its functions;
(2) troop commitments by other nations to UNMIH;
(3) the anticipated cost to the United States of
participation in UNMIH, including payments to the United
Nations and financial, material and other assistance to
UNMIH;
(4) proposed or actual participation of United States Armed
Forces in UNMIH;
(5) proposed command arrangements for UNMIH, including
proposed or actual placement of United States Armed Forces
under foreign command; and
(6) the anticipated duration of UNMIH.
SEC. 4. REPORT ON HUMAN RIGHTS.
Not later than January 1, 1995, the Secretary of State
shall report to Congress on the participation or involvement
of any member of the de jure or de facto Haitian government
in violations of internationally-recognized human rights from
December 15, 1990 to December 15, 1994.
SEC. 5. REPORT ON U.S. AGREEMENTS.
Not later than November 15, 1994, the Secretary of State
shall provide a comprehensive report to Congress on all
agreements the United States has entered into with other
nations, including any assistance pledged or provided, in
connection with United States efforts in Haiti. Such report
shall also include information on any agreements or
commitments relating to United Nations Security Council
actions concerning Haiti since 1992.
SEC. 6. TRANSITION TO UNITED NATIONS MISSION IN HAITI.
Nothing in this resolution should be construed or
interpreted to constitute Congressional approval or
disapproval of the participation of United States Armed
Forces in the United Nations Mission in Haiti.
The joint resolution, as amended, was ordered to be engrossed and read
a third time, was read a third time by title.
The question being put, viva voce,
Will the House pass said joint resolution?
The SPEAKER announced that the yeas had it.
FRIDAY, OCTOBER 7 (LEGISLATIVE DAY OF THURSDAY, OCTOBER 6), 1994
Mr. BURTON demanded a recorded vote on passage of said joint
resolution which demand was supported by one-fifth of a quorum, so a
recorded vote was ordered.
The vote was taken by electronic device.
Yeas
236
It was decided in the
Nays
182
<3-line {>
affirmative
Answered present
1
Para. 121.29 [Roll No. 500]
AYES--236
Abercrombie
Ackerman
Andrews (ME)
Andrews (TX)
Bacchus (FL)
Barca
Barlow
Barrett (NE)
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Callahan
Cardin
Carr
Castle
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dickey
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Emerson
Engel
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Fingerhut
Flake
Foglietta
Foley
Ford (TN)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Hoyer
Hughes
Hutto
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kleczka
Klein
Klink
Kopetski
Kreidler
LaFalce
Lantos
LaRocco
Laughlin
Lehman
Lewis (CA)
Lewis (GA)
Lipinski
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
McCloskey
McDade
McDermott
McHale
McKinney
Meehan
Meek
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Orton
Pastor
Payne (NJ)
Payne (VA)
Penny
Peterson (FL)
Pickett
Pickle
Poshard
Price (NC)
Quinn
Rahall
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sangmeister
Santorum
Sarpalius
Sawyer
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skeen
Skelton
Slaughter
Spratt
Stark
Stokes
Strickland
Studds
Stupak
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Towns
Traficant
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt
Waxman
Wheat
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
NOES--182
Allard
Andrews (NJ)
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Bartlett
Barton
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Boehner
Bonilla
Bunning
Burton
Buyer
Calvert
Camp
Canady
Cantwell
Chapman
Coble
Collins (GA)
Combest
Condit
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ewing
Fawell
Fields (TX)
Filner
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Holden
Horn
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (SD)
Johnson, Sam
Kasich
Kildee
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lambert
Lancaster
Lazio
Leach
Levin
Levy
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
Manzullo
Mazzoli
McCandless
McCollum
McCrery
McCurdy
McHugh
McInnis
McKeon
McMillan
McNulty
Menendez
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Myers
Nussle
Oxley
Packard
Pallone
Parker
Paxon
Peterson (MN)
Petri
Pombo
Pomeroy
Porter
Portman
Pryce (OH)
Quillen
Ramstad
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Sanders
Saxton
[[Page 2363]]
Schaefer
Schenk
Schiff
Sensenbrenner
Shays
Shuster
Skaggs
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Stearns
Stenholm
Stump
Swett
Talent
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torricelli
Upton
Vucanovich
Walker
Weldon
Young (AK)
Young (FL)
Zeliff
Zimmer
ANSWERED ``PRESENT''--1
Owens
NOT VOTING--16
Applegate
Fish
Ford (MI)
Gallo
Huffington
Inhofe
Lewis (FL)
Pelosi
Ravenel
Shaw
Slattery
Smith (OR)
Sundquist
Tucker
Washington
Whitten
So the joint resolution was passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
Para. 121.30 further message from the senate
A further message from the Senate by Mr. Hallen, one of its clerks,
announced that the Senate had passed with an amendment in which the
concurrence of the House is requested, a bill of the House of the
following title:
H.R. 1348. An Act to establish the Quinebaug and Shetucket
Rivers Valley National Heritage Corridor in the State of
Connecticut, and for other purposes.
The message also announced that the Senate had passed a bill of the
following title, in which the concurrence of the House is requested:
S. 2534. An Act to revise and improve the process for
disposing of buildings and property at military installations
under the base closure laws.
Para. 121.31 hour of meeting
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That when the House adjourns today, October 7 (legislative
day of October 6), 1994, it adjourn to meet at 12 o'clock noon on
Friday, October 7, 1994.
Para. 121.32 waiving points of order against the conference report on s.
21
Mr. BEILENSON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 568):
Resolved, That immediately upon adoption of this resolution
the House shall consider the conference report to accompany
the bill (S. 21) to designate certain lands in the California
Desert as wilderness, to establish Death Valley, Joshua Tree,
and Mojave National Parks, and for other purposes. All points
of order against the conference report and against its
consideration are waived. The conference report shall be
considered as read. The previous question shall be considered
as ordered on the conference report to final adoption without
intervening motion except one motion to recommit.
When said resolution was considered.
After debate,
On motion of Mr. BEILENSON, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. PETERSON of Florida, announced that the
yeas had it.
Mr. DREIER objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
242
When there appeared
<3-line {>
Nays
140
Para. 121.33 [Roll No. 501]
YEAS--242
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bishop
Bonior
Borski
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Cardin
Chapman
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (TN)
Frank (MA)
Franks (CT)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilman
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hamburg
Hamilton
Harman
Hastings
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kopetski
Kreidler
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Leach
Lehman
Levin
Lewis (GA)
Lipinski
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Matsui
Mazzoli
McCloskey
McCrery
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Moran
Morella
Murtha
Nadler
Neal (MA)
Neal (NC)
Oberstar
Obey
Olver
Ortiz
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickle
Pomeroy
Poshard
Price (NC)
Quillen
Rahall
Ramstad
Rangel
Reed
Reynolds
Richardson
Roemer
Rose
Rostenkowski
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sarpalius
Sawyer
Saxton
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shays
Shepherd
Skaggs
Skelton
Slaughter
Smith (IA)
Smith (NJ)
Snowe
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Weldon
Wheat
Wilson
Wise
Woolsey
Wyden
Wynn
Zimmer
NAYS--140
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Fawell
Fields (TX)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Herger
Hobson
Hoekstra
Hoke
Horn
Huffington
Hunter
Hutchinson
Inglis
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Levy
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Machtley
McCandless
McCollum
McHugh
McInnis
McKeon
Mica
Miller (FL)
Molinari
Moorhead
Myers
Nussle
Orton
Packard
Paxon
Penny
Petri
Pombo
Porter
Portman
Pryce (OH)
Quinn
Regula
Ridge
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Schaefer
Schiff
Sensenbrenner
Shuster
Skeen
Smith (MI)
Smith (TX)
Solomon
Spence
Stearns
Stump
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Walker
Walsh
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--52
Applegate
Blackwell
Boucher
Bunning
Carr
Clay
Clinger
Ewing
Fish
Ford (MI)
Fowler
Gallo
Grandy
Hall (OH)
Hayes
Hefley
Houghton
Hutto
Hyde
Inhofe
Istook
Johnson, Sam
LaFalce
Lewis (FL)
Lloyd
Manzullo
Martinez
McCurdy
McDade
McMillan
Michel
Montgomery
Murphy
Owens
Oxley
Pickett
Ravenel
Roberts
Rowland
Shaw
Sisisky
Slattery
Smith (OR)
Sundquist
Synar
Tucker
Valentine
Vucanovich
Washington
Whitten
Williams
Yates
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 121.34 california desert wilderness
Mr. MILLER of Califonia, pursuant to House Resolution 568, called up
the following conference report (Rept. No. 103-832):
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the House to the bill (S. 21)
to designate certain lands in the California Desert as
wilderness, to establish Death Valley, Joshua Tree, and
Mojave National Parks, and for other purposes, having met,
after full and free conference, have agreed to recommend and
do recommend to their respective Houses as follows:
That the Senate recede from its disagreement to the
amendment of the House to the
[[Page 2364]]
text of the bill and agree to the same with an amendment as
follows:
In lieu of the matter proposed to be inserted by the House
amendment, insert the following:
SECTION 1. SHORT TITLE.
Sections 1 and 2, and titles I through IX of this Act may
be cited as the ``California Desert Protection Act of 1994''.
SEC. 2. FINDINGS AND POLICY.
(a) The Congress finds and declares that--
(1) the federally owned desert lands of southern California
constitute a public wildland resource of extraordinary and
inestimable value for this and future generations;
(2) these desert wildlands display unique scenic,
historical, archeological, environmental, ecological,
wildlife, cultural, scientific, educational, and recreational
values used and enjoyed by millions of Americans for hiking
and camping, scientific study and scenic appreciation;
(3) the public land resources of the California desert now
face and are increasingly threatened by adverse pressures
which would impair, dilute, and destroy their public and
natural values;
(4) the California desert, embracing wilderness lands,
units of the National Park System, other Federal lands, State
parks and other State lands, and private lands, constitutes a
cohesive unit posing unique and difficult resource protection
and management challenges;
(5) through designation of national monuments by
Presidential proclamation, through enactment of general
public land statutes (including section 601 of the Federal
Land Policy and Management Act of 1976, 90 Stat. 2743, 43
U.S.C. 1701 et seq.) and through interim administrative
actions, the Federal government has begun the process of
appropriately providing for protection of the significant
resources of the public lands in the California desert; and
(6) statutory land unit designations are needed to afford
the full protection which the resources and public land
values of the California desert merit.
(b) In order to secure for the American people of this and
future generations an enduring heritage of wilderness,
national parks, and public land values in the California
desert, it is hereby declared to be the policy of the
Congress that--
(1) appropriate public lands in the California desert shall
be included within the National Park System and the National
Wilderness Preservation System, in order to--
(A) preserve unrivaled scenic, geologic, and wildlife
values associated with these unique natural landscapes;
(B) perpetuate in their natural state significant and
diverse ecosystems of the California desert;
(C) protect and preserve historical and cultural values of
the California desert associated with ancient Indian
cultures, patterns of western exploration and settlement, and
sites exemplifying the mining, ranching and railroading
history of the Old West;
(D) provide opportunities for compatible outdoor public
recreation, protect and interpret ecological and geological
features and historic, paleontological, and archeological
sites, maintain wilderness resource values, and promote
public understanding and appreciation of the California
desert; and
(E) retain and enhance opportunities for scientific
research in undisturbed ecosystems.
TITLE I--DESIGNATION OF WILDERNESS AREAS TO BE ADMINISTERED BY THE
BUREAU OF LAND MANAGEMENT
SEC. 101. FINDINGS.
The Congress finds and declares that--
(1) wilderness is a distinguishing characteristic of the
public lands in the California desert, one which affords an
unrivaled opportunity for experiencing vast areas of the Old
West essentially unaltered by man's activities, and which
merits preservation for the benefit of present and future
generations:
(2) the wilderness values of desert lands are increasingly
threatened by and especially vulnerable to impairment,
alteration, and destruction by activities and intrusions
associated with incompatible use and development; and
(3) preservation of desert wilderness necessarily requires
the highest forms of protective designation and management.
SEC. 102. DESIGNATION OF WILDERNESS.
In furtherance of the purpose of the Wilderness Act (78
Stat. 890, 16 U.S.C. 1131 et seq.), and sections 601 and 603
of the Federal Land Policy and Management Act of 1976 (90
Stat. 2743, 43 U.S.C. 1701 et seq.), the following lands in
the State of California, as generally depicted on maps
referenced herein, are hereby designated as wilderness, and
therefore, as components of the National Wilderness
Preservation System:
(1) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventy-four thousand eight hundred and ninety
acres, as generally depicted on a map entitled ``Argus Range
Wilderness--Proposed 1'', dated May 1991, and two maps
entitled ``Argus Range Wilderness--Proposed 2'' and ``Argus
Range Wilderness--Proposed 3'', dated January 1989, and which
shall be known as the Argus Range Wilderness. If at any time
within fifteen years after the date of enactment of this Act
the Secretary of the Navy notifies the Secretary that
permission has been granted to use lands within the area of
the China Lake Naval Air Warfare Center for installation of a
space energy laser facility, and that establishment of a
right-of-way across lands within the Argus Range Wilderness
is desirable in order to facilitate access to the lands to be
used for such facility, the Secretary of the Interior,
pursuant to the Federal Land Policy and Management Act of
1976, may grant a right-of-way for, and authorize
construction of, a road to be used solely for that purpose
across such lands, notwithstanding the designation of such
lands as wilderness. So far as practicable, and such road
shall be aligned in a manner that takes into account the
desirability of minimizing adverse impacts on wilderness
values.
(2) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately ten thousand three hundred and eighty acres, as
generally depicted on a map entitled ``Bigelow Cholla Garden
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Bigelow Cholla Garden Wilderness.
(3) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, and within the San
Bernardino National Forest, which comprise approximately
thirty-nine thousand one hundred and eighty-five acres, as
generally depicted on a map entitled ``Bighorn Mountain
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Bighorn Mountain Wilderness.
(4) Certain lands in the California Desert Conservation
Area and the Yuma District, of the Bureau of Land Management,
which comprise approximately forty-seven thousand five
hundred and seventy acres, as generally depicted on a map
entitled ``Big Maria Mountains Wilderness--Proposed'', dated
February 1986, and which shall be known as the Big Maria
Mountains Wilderness.
(5) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirteen thousand nine hundred and forty acres,
as generally depicted on a map entitled ``Black Mountain
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Black Mountain Wilderness.
(6) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately nine thousand five hundred and twenty acres, as
generally depicted on a map entitled ``Bright Star
Wilderness--Proposed'', dated October 1993, and which shall
be known as the Bright Star Wilderness.
(7) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately sixty-eight thousand five hundred and fifteen
acres, as generally depicted on two maps entitled ``Bristol
Mountains Wilderness--Proposed 1'', and ``Bristol Mountains
Wilderness--Proposed 2'', dated September 1991, and which
shall be known as Bristol Mountains Wilderness.
(8) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-nine thousand seven hundred and forty
acres, as generally depicted on a map entitled ``Cadiz Dunes
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Cadiz Dunes Wilderness.
(9) Certain lands in the California Desert Conservation
Area and Eastern San Diego County, of the Bureau of Land
Management, which comprise approximately fifteen thousand
seven hundred acres, as generally depicted on a map entitled
``Carrizo Gorge Wilderness--Proposed'', dated February 1986,
and which shall be known as the Carrizo Gorge Wilderness.
(10) Certain lands in the California Desert Conservation
Area and Yuma District, of the Bureau of Land Management,
which comprise approximately sixty-four thousand three
hundred and twenty acres, as generally depicted on a map
entitled ``Chemehuevi Mountains Wilderness--Proposed'', dated
July 1993, and which shall be known as the Chemehuevi
Mountains Wilderness.
(11) Certain lands in the Bakersfield District, of the
Bureau of Land Management, which comprise approximately
thirteen thousand seven hundred acres, as generally depicted
on two maps entitled ``Chimney Park Wilderness--Proposed 1''
and ``Chimney Peak Wilderness--Proposed 2'', dated May 1991,
and which shall be known as the Chimney Peak Wilderness.
(12) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately eighty thousand seven hundred and seventy
acres, as generally depicted on two maps entitled
``Chuckwalla Mountains Wilderness--Proposed 1'' and
``Chuckwalla Mountains Wilderness--Proposed 2'', dated July
1992, and which shall be known as the Chuckwalla Mountains
Wilderness.
(13) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
thirty-three thousand nine hundred and eighty acres, as
generally depicted on a map entitled ``Cleghorn Lakes
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Cleghorn Lakes Wilderness. The Secretary may,
pursuant to an application filed by the Department of
Defense, grant a right-of-way for, and authorize construction
of, a road within the area depicted as ``nonwilderness road
corridor'' on such map.
(14) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-six thousand acres, as generally
depicted on a map entitled ``Clipper Mountain
[[Page 2365]]
Wilderness--Proposed'', dated July 1993, and which shall be
known as Clipper Mountain Wilderness.
(15) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately fifty thousand five hundred and twenty acres,
as generally depicted on a map entitled ``Coso Range
Wilderness--Proposed'', dated May 1991, and which shall be
known as Coso Range Wilderness.
(16) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventeen thousand acres, as generally depicted
on a map entitled ``Coyote Mountains Wilderness--Proposed'',
dated July 1993, and which shall be known as Coyote Mountains
Wilderness.
(17) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately eight thousand six hundred acres, as generally
depicted on a map entitled ``Darwin Falls Wilderness--
Proposed'', dated May 1991, and which shall be known as
Darwin Falls Wilderness.
(18) Certain lands in the California Desert Conservation
Area and the Yuma District, of the Bureau of Land Management,
which comprise approximately forty-eight thousand eight
hundred and fifty acres, as generally depicted on a map
entitled ``Dead Mountains Wilderness--Proposed'', dated
October 1991, and which shall be known as Dead Mountains
Wilderness.
(19) Certain lands in the Bakersfield District, of the
Bureau of Land Management, which comprise approximately
thirty-six thousand three hundred acres, as generally
depicted on two maps entitled ``Domeland Wilderness
Additions--Proposed 1'' and ``Domeland Wilderness Additions--
Proposed 2'', dated February 1986, and which are hereby
incorporated in, and which shall be deemed to be a part of,
the Domeland Wilderness as designated by Public Laws 93-632
and 98-425.
(20) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-three thousand seven hundred and eighty
acres, as generally depicted on a map entitled ``El Paso
Mountains Wilderness--Proposed'', dated July 1993, and which
shall be known as the El Paso Mountains Wilderness.
(21) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximetly twenty-five thousand nine hundred and forty
acres, as generally depicted on a map entitled ``Fish Creek
Mountains Wilderness--Proposed'', dated July 1993, and which
shall be known as Fish Creek Mountains Wilderness
(22) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-eight thousand one hundred and ten
acres, as generally depicted on a map entitled ``Funeral
Mountains Wilderness--Proposed'', dated May 1991, and which
shall be known as Funeral Mountains Wilderness.
(23) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-seven thousand seven hundred acres, as
generally depicted on a map entitled ``Golden Valley
Wilderness--Proposed'', dated February 1986, and which shall
be known as Golden Valley Wilderness.
(24) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-one thousand six hundred and ninety-five
acres, as generally depicted on a map entitled ``Grass Valley
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Grass Valley Wilderness.
(25) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty--two thousand two hundred and forty
acres, as generally depicted on a map entitled ``Hollow Hills
Wilderness--Proposed'', dated May 1991, and which shall be
known as the Hollow Hills Wilderness.
(26) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-six thousand four hundred and sixty
acres, as generally depicted on a map entitled ``Ibex
Wilderness--Proposed'', dated May 1991, and which shall be
known as the Ibex Wilderness.
(27) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-three thousand eight hundred and fifty-
five acres, as generally depicted on a map entitled ``Indian
Pass Wilderness--Proposed'', dated July 1993, and which shall
be known as the Indian Pass Wilderness.
(28) Certain lands in the California Desert Conservation
Area and the Bakersfield District, of the Bureau of Land
Management, and within the Inyo National Forest, which
comprise approximately two hundred and five thousand and
twenty acres, as generally depicted on three maps entitled
``Inyo Mountains Wilderness--Proposed 1'', ``Inyo Mountains
Wilderness--Proposed 2'', ``Inyo Mountains Wilderness--
Proposed 3'', dated May 1991, and which shall be known as the
Inyo Mountains Wilderness
(29) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-three thousands six hundred and seventy
acres, as generally depicted on a map entitled ``Jacumba
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Jacumba Wilderness
(30) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred and twenty-nine thousand five
hundred and eighty acres, as generally depicted on a map
entitled ``Kelso Dunes Wilderness--Proposed 1'', dated
October 1991, a map entitled ``Kelso Dunes Wilderness--
Proposed 2'', dated May 1991, and a map entitled ``Kelso
Dunes Wilderness--Proposed 3'', dated September 1991, and
which shall be known as the Kelso Dunes Wilderness
(31) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, and the Sequoia
National Forest, which comprise approximately eighty-eight
thousand two hundred ad ninety acres, as generally depicted
on a map entitled ``Kiavah Wilderness--Proposed 1'', dated
February 1986, and a map entitled ``Kiavah Wilderness--
Proposed 2'', dated October 1993, and which shall be known as
the Kiavah Wilderness
(32) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately two hundred nine thousand, six hundred and
eight acres, as generally depicted on four maps entitled
``Kingston Range Wilderness--Proposed 1'', ``Kingston Range
Wilderness--Proposed 2'', ``Kingston Range Wilderness--
Proposed 3'', ``Kingston Range Wilderness--Proposed 4'',
dated July 1993, and which shall be known as the Kingston
Range Wilderness.
(33) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-nine thousand eight hundred and eighty
acres, as generally depicted on a map entitled ``Little
Chuckwalla Mountains Wilderness--Proposed'', dated July 1993,
and which shall be known as the Little Chuckwalla Mountains
Wilderness.
(34) Certain lands in the California Desert Conservation
Area and the Yuma District, of the Bureau of Land Management,
which comprise approximately thirty-three thousand six
hundred acres, as generally depicted on a map entitled
``Little Picacho Wilderness--Proposed'', dated July 1993, and
which shall be known as the Little Picacho Wilderness.
(35) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-two thousand three hundred and sixty
acres, as generally depicted on a map entitled ``Malpais Mesa
Wilderness--Proposed'', dated September 1991, and which shall
be known as the Malpais Mesa Wilderness.
(36) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately sixteen thousand one hundred and five acres, as
generally depicted on a map entitled ``Manly Peak
Wilderness--Proposed'', dated October 1991, and which shall
be known as the Manly Peak Wilderness.
(37) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-four thousand two hundred acres, as
generally depicted on a map entitled ``Mecca Hills
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Mecca Hills Wilderness.
(38) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately forty-seven thousand three hundred and thirty
acres, as generally depicted on a map entitled ``Mesquite
Wilderness--Proposed'', dated May 1991, and which shall be
known as the Mesquite Wilderness.
(39) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-two thousand nine hundred acres, as
generally depicted on a map entitled ``Newberry Mountains
Wilderness--Proposed'', dated February 1986, and which shall
be known as the Newberry Mountains Wilderness.
(40) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred ten thousand eight hundred and
sixty acres, as generally depicted on a map entitled ``Nopah
Range Wilderness--Proposed'', dated July 1993, and which
shall be known as the Nopah Range Wilderness.
(41) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-two thousand two hundred and forty
acres, as generally depicted on a map entitled ``North
Algodones Dunes Wilderness--Proposed'', dated October 1991,
and which shall be known as the North Algodones Dunes
Wilderness.
(42) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-five thousand five hundred and forty
acres, as generally depicted on a map entitled ``North
Mesquite Mountains Wilderness--Proposed'', dated May 1991,
and which shall be known as the North Mesquite Mountains
Wilderness.
(43) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred forty-six thousand and twenty
acres, as generally depicted on a map entitled ``Old Woman
Mountains Wilderness--Proposed 1'', dated July 1993, and a
map entitled ``Old Woman Mountains Wilderness--Proposed 2'',
dated July 1933, and which shall be known as the Old Woman
Mountains Wilderness.
(44) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately forty thousand seven hundred and thirty-five
[[Page 2366]]
acres, as generally depicted on a map entitled ``Orocopia
Mountains Wilderness--Proposed'', dated July 1993, and which
shall be known as the Orocopia Mountains Wilderness.
(45) Certain lands in the California Desert Conservation
Area and Bakersfield District, of the Bureau of Land
Management, which comprise approximately seventy-four
thousand and sixty acres, as generally depicted on a map
entitled ``Owens Peak Wilderness--Proposed 1'', dated
February 1986, a map entitled ``Owens Peak Wilderness--
Proposed 2'', dated March 1994, and a map entitled ``Owens
Peak Wilderness--Proposed 3'', dated May 1991, and which
shall be known as the Owens Peak Wilderness.
(46) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventy-four thousand eight hundred acres, as
generally depicted on a map entitled ``Pahrump Valley
Wilderness--Proposed'', dated February 1986, and which shall
be known as the Pahrump Valley Wilderness.
(47) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately two hundred seventy thousand six hundred and
twenty-nine acres, as generally depicted on a map entitled
``Palen/McCoy Wilderness--Proposed 1'', dated July 1993, and
a map entitled ``Palen/McCoy Wilderness--Proposed 2'', dated
July 1993, and which shall be known as the Palen/McCoy
Wilderness.
(48) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-two thousand tree hundred and ten acres,
as generally depicted on a map entitled ``Palo Verde
Mountains Wilderness--Proposed'', dated July 1993, and which
shall be known as the Palo Verde Mountains Wilderness.
(49) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seven thousand seven hundred acres, as
generally depicted on a map entitled ``Picacho Peak
Wilderness--Proposed'', dated May 1991, and which shall be
known as the Picacho Peak Wilderness.
(50) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventy-two thousand five hundred and seventy-
five acres, as generally depicted on a map entitled ``Piper
Mountain Wildernes--Proposed'', dated October 1993, and which
shall be known as the Piper Mountain Wilderness.
(51) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-six thousand eight hundred and forty
acres, as generally depicted on a map entitled ``Piute
Mountains Wilderness--Proposed'', dated July 1993, and which
shall be known as the Piute Mountains Wilderness.
(52) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventy-eight thousand eight hundred and sixty-
eight acres, as generally depicted on a map entitled
``Resting Spring Range Wilderness--Proposed'', dated May
1991, and which shall be known as the Resting Spring Range
Wilderness.
(53) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately forty thousand eight hundred and twenty acres,
as generally depicted on a map entitled ``Rice Valley
Wilderness--Proposed'', dated May 1991, and which shall be
known as the Rice Valley Wilderness.
(54) Certain lands in the California Desert Conservation
area and the Yuma District, of the Bureau of Land Management,
which comprise approximately twenty-two thousand three
hundred eighty acres, as generally depicted on a map entitled
``Riverside Mountains Wilderness--Proposed'', dated May 1991,
and which shall be known as the Riverside Mountains
Wilderness.
(55) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-seven thousand six hundred and ninety
acres, as generally depicted on a map entitled ``Rodman
Mountains Wilderness--Proposed'', dated October 1994, and
which shall be known as the Rodman Mountains Wilderness.
(56) Certain lands in the California Desert Conservation
Area and the Bakersfield District, of the Bureau of Land
Management, which comprise approximately fifty-one thousand
nine hundred acres, as generally depicted on two maps
entitled ``Sacatar Trail Wilderness--Proposed 1'' and
``Sacatar Trail Wilderness--Proposed 2'', dated May 1991, and
which shall be known as the Sacatar Trail Wilderness.
(57) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one thousand four hundred and forty acres, as
generally depicted on a map entitled ``Saddle Peak Hills
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Saddle Peak Hills Wilderness.
(58) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-seven thousand nine hundred and eighty
acres, as generally depicted on a map entitled ``San Gorgonio
Wilderness Additions--Proposed'', dated July 1993, and which
are hereby incorporated in, and which shall be deemed to be a
part of, the San Gorgonio Wilderness as designated by Public
Laws 88-577 and 98-425.
(59) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately sixty-four thousand three hundred and forty
acres, as generally depicted on a map entitled ``Santa Rosa
Wilderness Additions--Proposed'', dated March 1994, and which
are hereby incorporated in, and which shall be deemed to be
part of, the Santa Rosa Wilderness designated by Public Law
98-425.
(60) Certain lands in the California Desert District, of
the Bureau of Land Management, which comprise approximately
thirty-five thousand and eighty acres, as generally depicted
on a map entitled ``Sawtooth Mountains Wilderness--
Proposed'', dated July 1993, and which shall be known as the
Sawtooth Mountains Wilderness.
(61) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred seventy-four thousand eight hundred
acres, as generally depicted on two maps entitled ``Sheephole
Valley Wilderness--Proposed 1'', dated July 1993, and
``Sheephole Valley Wilderness--Proposed 2'', dated July 1993,
and which shall be known as the Sheephole Valley Wilderness.
(62) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately sixteen thousand seven hundred and eighty
acres, as generally depicted on a map entitled ``South Nopah
Range Wilderness--Proposed'', dated February 1986, and which
shall be known as the South Nopah Range Wilderness.
(63) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seven thousand and fifty acres, as generally
depicted on a map entitled ``Stateline Wilderness--
Proposed'', dated May 1991, and which shall be known as the
Stateline Wilderness.
(64) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately eighty-one thousand six hundred acres, as
generally depicted on a map entitled ``Stepladder Mountains
Wilderness--Proposed'', dated February 1986, and which shall
be known as the Stepladder Mountains Wilderness.
(65) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-nine thousand one hundred and eighty
acres, as generally depicted on a map entitled ``Surprise
Canyon Wilderness--Proposed'', dated September 1991, and
which shall be known as the Surprise Canyon Wilderness.
(66) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventeen thousand eight hundred and twenty
acres, as generally depicted on a map entitled ``Sylvania
Mountains Wilderness--Proposed'', dated February 1986, and
which shall be known as the Sylvania Mountains Wilderness.
(67) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-one thousand one hundred and sixty
acres, as generally depicted on a map entitled ``Trilobite
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Trilobite Wilderness.
(68) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred forty-four thousand five hundred
acres, as generally depicted on a map entitled ``Turtle
Mountains Wilderness--Proposed 1'', dated February 1986 and a
map entitled ``Turtle Mountains Wilderness--Proposed 2'',
dated May 1991, and which shall be known as the Turtle
Mountains Wilderness.
(69) Certain lands in the California Desert Conservation
Area and the Yuma District, of the Bureau of Land Management,
which comprise approximately seventy-seven thousand five
hundred and twenty acres, as generally depicted on a map
entitled ``Whipple Mountains Wilderness--Proposed'', dated
July 1993, and which shall be known as the Whipple Mountains
Wilderness.
SEC. 103. ADMINISTRATION OF WILDERNESS AREAS.
(a) Management.--Subject to valid existing rights, each
wilderness area designated under section 102 shall be
administered by the Secretary of the Interior (hereinafter in
this Act referred to as the ``Secretary'') or the Secretary
of Agriculture, as appropriate, in accordance with the
provisions of the Wilderness Act, except that any reference
in such provisions to the effective date of the Wilderness
Act shall be deemed to be a reference to the effective date
of this title and any reference to the Secretary of
Agriculture shall be deemed to be a reference to the
Secretary who has administrative jurisdiction over the area.
(b) Map and Legal Descriptions.--As soon as practicable
after the date of enactment of section 102, the Secretary
concerned shall file a map and legal description for each
wilderness area designated under this title with the
Committee on Energy and Natural Resources of the United
States Senate and the Committee on Natural Resources of the
United States House of Representatives. Each such map and
description shall have the same force and effect as if
included in this title, except that the Secretary or the
Secretary of Agriculture, as appropriate, may correct
clerical and typographical errors in each such legal
description and map. Each such map and legal description
shall be on file and available for public inspection in
[[Page 2367]]
the office of the Director of the Bureau of Land Management,
Department of the Interior, or the Chief of the Forest
Service, Department of Agriculture, as appropriate.
(c) Livestock.--Within the wilderness areas designated
under section 102, the grazing of livestock, where
established prior to the date of enactment of this Act, shall
be permitted to continue subject to such reasonable
regulations, policies, and practices as the Secretary deems
necessary, as long as such regulations, policies, and
practices fully conform with and implement the intent of
Congress regarding grazing in such areas as such intent is
expressed in the Wilderness Act and section 101(f) of Public
Law 101-628.
(d) No Buffer Zones.--The Congress does not intend for the
designation of wilderness areas in section 102 of this title
to lead to the creation of protective perimeters or buffer
zones around any such wilderness area. The fact that
nonwilderness activities or uses can be seen or heard from
areas within a wilderness area shall not, of itself, preclude
such activities or uses up to the boundary of the wilderness
area.
(e) Fish and Wildlife.--As provided in section 4(d)(7) of
the Wilderness Act, nothing in this title shall be construed
as affecting the jurisdiction of the State of California with
respect to wildlife and fish on the public lands located in
that State.
(f) Fish and Wildlife Management.--Management activities to
maintain or restore fish and wildlife populations and the
habitats to support such populations may be carried out
within wilderness areas designated by this title and shall
include the use of motorized vehicles by the appropriate
State agencies.
(g) Law Enforcement Access.--Nothing in this Act, including
the wilderness designations made by such Act, may be
construed to preclude Federal, State, and local law
enforcement agencies from conducting law enforcement and
border operations as permitted before the date of enactment
of this Act, including the use of motorized vehicles and
aircraft, on any lands designated as wilderness by this Act.
SEC. 104. WILDERNESS REVIEW.
(a) In General.--Except as provided in subsection (b), the
Congress hereby finds and directs that lands in the
California Desert Conservation Area, of the Bureau of Land
Management, not designated as wilderness or wilderness study
areas by this Act have been adequately studied for wilderness
designation pursuant to section 603 of the Federal Land
Policy and Management Act of 1976 (90 Stat. 2743, 43 U.S.C.
1701 et seq.), and are no longer subject to the requirement
of section 603(c) of the Federal Land Policy and Management
Act of 1976 pertaining to the management of wilderness study
areas in a manner that does not impair the suitability of
such areas for preservation as wilderness.
(b) Areas Not Released.--The following areas shall continue
to be subject to the requirements of section 603(c) of the
Federal Land Policy and Management Act of 1976, pertaining to
the management of wilderness study areas in a manner that
does not impair the suitability of such areas for
preservation as wilderness--
(1) certain lands which comprise approximately sixty-one
thousand three hundred and twenty, as generally depicted on a
map entitled ``Avawatz Mountains Wilderness--Proposed'',
dated May 1991;
(2) certain lands which comprise approximately thirty-nine
thousand seven hundred and fifty acres, as generally depicted
on a map entitled ``Kingston Range Wilderness--Proposed 4'',
dated July 1993;
(3) certain lands which comprise approximately eighty
thousand four hundred and thirty acres, as generally depicted
on two maps entitled ``Soda Mountains Wilderness--Proposed
1'', dated May 1991, and ``Soda Mountains Wilderness--
Proposed 2'', dated January 1989;
(4) certain lands which compromise approximately twenty-
three thousand two hundred and fifty acres, as generally
depicted on a map entitled ``South Avawatz Mountains--
Proposed'', dated May 1991;
(5) certain lands which comprise approximately seventeen
thousand two hundred and eighty acres, as generally depicted
on a map entitled ``Death Valley National Park Boundary and
Wilderness 17--Proposed'', dated July 1993;
(6) certain lands which comprise approximately eight
thousand eight hundred acres, as generally depicted on a map
entitled ``Great Falls Basin Wilderness--Proposed'', dated
February 1986; and
(7) certain lands which comprise approximately eighty-four
thousand four hundred acres, as generally depicted on a map
entitled ``Cady Mountains Wilderness--Proposed'', dated July
1993.
(c) Withdrawal.--Subject to valid existing rights, the
Federal lands referred to in subsection (b) are hereby
withdrawn from all forms of entry, appropriation, or disposal
under the public land laws; from location, entry, and patent
under the United States mining laws; and from disposition
under all laws pertaining to mineral and geothermal leasing,
and mineral materials, and all amendments thereto.
SEC. 105. DESIGNATION OF WILDERNESS STUDY AREA.
In furtherance of the provisions of the Wilderness Act,
certain lands in the California Desert Conservation Area, of
the Bureau of Land Management, which comprise approximately
eleven thousand two hundred acres as generally depicted on a
map entitled ``White Mountains Wilderness Study Area--
Proposed'', dated May 1991, are hereby designated as the
White Mountains Wilderness Study Area and shall be
administered by the Secretary in accordance with the
provisions of section 603(c) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782).
SEC. 106. SUITABILITY REPORT.
The Secretary is required, ten years after the date of
enactment of this Act, to report to Congress on current and
planned exploration, development or mining activities on, and
suitability for future wilderness designation of, the lands
as generally depicted on maps entitled ``Surprise Canyon
Wilderness--Proposed'', ``Middle Park Canyon Wilderness--
Proposed'', and ``Death Valley National Park Boundary and
Wilderness 15'', dated September 1991 and a map entitled
``Manly Peak Wilderness--Proposed'', dated October 1991.
SEC. 107. DESERT LILY SANCTUARY.
(a) Designation.--There is hereby established the Desert
Lily Sanctuary within the California Desert Conservation
Area, California, of the Bureau of Land Management,
comprising approximately two thousand forty acres, as
generally depicted on a map entitled ``Desert Lily
Sanctuary'', dated February 1986. The Secretary shall
administer the area to provide maximum protection to the
desert lily.
(b) Withdrawal.--Subject to valid existing rights, all
Federal lands within the Desert Lily Sanctuary are hereby
withdrawn from all forms of entry, appropriation, or disposal
under the public land laws; from location, entry, and patent
under the United States mining laws; and from disposition
under all laws pertaining to mineral and geothermal leasing,
and mineral materials, and all amendments thereto.
SEC. 108. DINOSAUR TRACKWAY AREA OF CRITICAL ENVIRONMENTAL
CONCERN.
(a) Designation.--There is hereby established the Dinosaur
Trackway Area of Critical Environmental Concern within the
California Desert Conservation Area, of the Bureau of Land
Management, comprising approximately five hundred and ninety
acres as generally depicted on a map entitled ``Dinosaur
Trackway Area of Critical Environmental Concern'', dated July
1993. The Secretary shall administer the area to preserve the
paleontological resources within the area.
(b) Withdrawal.--Subject to valid existing rights, the
Federal lands within and adjacent to the Dinosaur Trackway
Area of Critical Environmental Concern, as generally depicted
on a map entitled ``Dinosaur Trackway Mineral Withdrawal
Area'', dated July 1993, are hereby withdrawn from all forms
of entry, appropriation, or disposal under the public land
laws; from location, entry, and patent under the United
States mining laws; and from disposition under all laws
pertaining to mineral and geothermal leasing, and mineral
materials, and all amendments thereto.
TITLE II--DESIGNATION OF WILDERNESS AREAS TO BE ADMINISTERED BY THE
UNITED STATES FISH AND WILDLIFE SERVICE
SEC. 201. DESIGNATION AND MANAGEMENT.
(a) Designation.--In furthermore of the purposes of the
Wilderness Act, the following lands are hereby designated as
wilderness and therefore, as components of the National
Wilderness Preservation System--
(1) certain lands in the Havasu National Wildlife Refuge,
California, which comprise approximately three thousand one
hundred and ninety-five acres, as generally depicted on a map
entitled ``Havasu Wilderness--Proposed'', and dated October
1991, and which shall be known as the Havasu Wilderness;
(2) certain lands in the Imperial National Wildlife Refuge,
California, which comprise approximately five thousand eight
hundred and thirty-six acres, as generally depicted on two
maps entitled ``Imperial Refuge Wilderness--Proposed 1'' and
``Imperial Refuge Wilderness--Proposed 2'', and dated October
1991, and which shall be known as the Imperial Refuge
Wilderness.
(b) Management.--Subject to valid existing rights, the
wilderness areas designated under this title shall be
administered by the Secretary in accordance with the
provisions of the Wilderness Act governing areas designated
by that Act as wilderness, except that any reference in such
provisions to the effective date of the Wilderness Act (or
any similar reference) shall be deemed to be a reference to
the date of enactment of this Act.
(c) Maps and Legal Description.--As soon as practicable
after enactment of this title, the Secretary shall file a map
and a legal description of each wilderness area designated
under this section with the Committees on Energy and Natural
Resources and Environment and Public Works of the United
States Senate and Natural Resources and Merchant Marine and
Fisheries of the United States House of Representatives. Such
map and description shall have the same force and effect as
if included in this Act, except that correction of clerical
and typographical errors in such legal description and map
may be made. Such map and legal description shall be on file
and available for public inspection in the Office of the
Director, United States Fish and Wildlife Service, Department
of the Interior.
SEC. 202. NO EFFECT ON COLORADO RIVER DAMS.
Nothing in this title shall be construed to affect the
operation of federally owned dams located on the Colorado
River in the Lower Basin.
SEC. 203. NO EFFECT ON UPPER BASIN.
Nothing in this Act shall amend, construe, supersede, or
preempt any State law, Federal
[[Page 2368]]
law, interstate compact, or international treaty pertaining
to the Colorado River (including its tributaries) in the
Upper Basin, including, but not limited to the appropriation,
use, development, storage, regulation, allocation,
conservation, exportation, or quality of those rivers.
SEC. 204. COLORADO RIVER.
With respect to the Havasu and Imperial wilderness areas
designated by subsection 201(a) of this title, no rights to
water of the Colorado River are reserved, either expressly,
impliedly, or otherwise.
TITLE III--DEATH VALLEY NATIONAL PARK
SEC. 301. FINDINGS.
The Congress hereby finds that--
(1) proclamations by Presidents Herbert Hoover in 1933 and
Franklin Roosevelt in 1937 established and expanded the Death
Valley National Monument for the preservation of the unusual
features of scenic, scientific, and educational interest
therein contained;
(2) Death Valley National Monument is today recognized as a
major unit of the National Park System, having extraordinary
values enjoyed by millions of visitors.
(3) the monument boundaries established in the 1930's
exclude and thereby expose to incompatible development and
inconsistent management, contiguous Federal lands of
essential and superlative natural, ecological, geological,
archaeological, paleontological, cultural, historical ad
wilderness values;
(4) Death Valley National Monument should be substantially
enlarged by the addition of all contiguous Federal lands of
national park caliber and afforded full recognition and
statutory protection as a National Park; and
(5) the wilderness within Death Valley should receive
maximum statutory protection by designation pursuant to the
Wilderness Act.
SEC. 302 ESTABLISHMENT OF DEATH VALLEY NATIONAL PARK.
There is hereby established the Death Valley National Park,
(hereinafter in this title referred to as the ``park'') as
generally depicted on twenty-three maps entitled ``Death
Valley National Park Boundary and Wilderness--Proposed'',
numbered in the title one through twenty-three, and dated
July 1993 or prior, which shall be on file and available for
public inspection in the offices of the Superintendent of the
park and the Director of the National Park Service,
Department of the Interior. The Death Valley National
Monument is hereby abolished as such, the lands and interests
therein are hereby incorporated within stand made part of the
new Death Valley National Park, and any funds available for
purposes of the monument shall be available for purposes of
the park.
SEC. 303. TRANSFER AND ADMINISTRATION OF LANDS.
Upon enactment of this title, the Secretary shall transfer
the lands under the jurisdiction of the Burau of Land
Management depicted in the maps describe din section 302 of
this title, without consideration, to the administrative
jurisdiction of the National Park service for administration
as part of the National Park System, and the boundary of the
park shall be adjusted accordingly. The Secretary shall
administer the areas added to the park by this title in
accordance with the provisions of law generally applicable to
units of the National Park System, including the Act entitled
``An Act to establish a National Park Service, and for other
purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C.
1, 2-4).
SEC. 304. MAPS AND LEGAL DESCRIPTION.
Within six months after the enactment of this title, the
Secretary shall file maps and a legal description of the park
designated under this title with the Committee on Energy and
Natural Resources of the United States Senate and the
Committee on Natural Resources of the United States House of
Representatives. Such maps and legal description shall have
the same force and effect as if included in this title,
except that the Secretary may correct clerical and
typographical errors in such legal description and in the
maps referred to in section 302. The maps and legal
description shall be on file and available for public
inspection in the offices of the Superintendent of the park
and the Director of the National Park Service, Department of
the Interior.
SEC. 305. WITHDRAWAL.
Subject to valid existing rights, all Federal lands within
the park are hereby withdrawn from all forms of entry,
appropriation, or disposal under the public land laws; from
location, entry, and patent under the United States mining
laws; and from disposition under all laws pertaining to
mineral and geothermal leasing, and mineral materials, and
all amendments thereto.
SEC. 306. GRAZING.
(a) In general.--The privilege of grazing domestic
livestock on lands within the park shall continue to be
exercised at no more than the current level, subject to
applicable laws and National Parks Service regulations.
(b) Sale of Property.--If a person holding a grazing permit
referred to in subsection (a) informs the Secretary that such
permittee is willing to convey to the United States any base
property with respect to which such permit was issued and to
which such permittee holds title, the Secretary shall make
the acquisition of such based property a priority as compared
with the acquisition of other lands within the park, provided
agreement can be reached concerning the terms and conditions
of such acquisition. Any such based property which is located
outside the park and acquired as a priority pursuant to this
section shall be managed by the Federal agency responsible
for the majority of the adjacent lands in accordance with the
laws applicable to such adjacent lands.
SEC. 307. DEATH VALLEY NATIONAL PARK ADVISORY COMMISSION.
(a) The Secretary shall establish an Advisory Commission of
no more than fifteen members, to advise the Secretary
concerning the development and implementation of a new or
revised comprehensive management plan for Death Valley
National Park.
(b)(1) The advisory commission shall include an elected
official for each County within which any part of the park is
located, a representative of the owners of private properties
located within or immediately adjacent to the park, and other
members representing persons actively engaged in grazing and
range management, mineral exploration and development, and
persons with expertise in relevant fields, including geology,
biology, ecology, law enforcement, and the protection and
management of National Park resources and values.
(2) Vacancies in the advisory commission shall be filled by
the Secretary so as to maintain the full diversity of views
required to be represented on the advisory commission.
(c) The Federal Advisory Committee Act shall apply to the
procedures and activities of the advisory commission.
(d) The advisory commission shall cease to exist ten years
after the date of its establishment.
SEC. 308. BOUNDARY ADJUSTMENT.
In preparing the maps and legal descriptions required by
sections 304 and 602 of this Act, the Secretary shall adjust
the boundaries of the Death Valley National Park and Death
Valley National Park Wilderness so as to exclude from such
National Park and Wilderness the lands generally depicted on
the map entitled ``Porter Mine (Panamint Range) Exclusion
Area'' dated June 1994.
TITLE IV--JOSHUA TREE NATIONAL PARK
SEC. 401. FINDINGS.
The Congress finds that--
(1) a proclamation by President Franklin Roosevelt in 1936
established Joshua Tree National Monument to protect various
objects of historical and scientific interest;
(2) Joshua Tree National Monument today is recognized as a
major unit of the National Park System, having extraordinary
values enjoyed by millions of visitors;
(3) the monument boundaries as modified in 1950 and 1961
exclude and thereby expose to incompatible development and
inconsistent management, contiguous Federal lands of
essential and superlative natural, ecological, archeological,
paleontological, cultural, historical, and wilderness values;
(4) Joshua Tree National Monument should be enlarged by the
addition of contiguous Federal lands of national park
caliber, and afforded full recognition and statutory
protection as a National Park; and
(5) the nondesignated wilderness within Joshua Tree should
receive statutory protection by designation pursuant to the
Wilderness Act.
SEC. 402. ESTABLISHMENT OF JOSHUA TREE NATIONAL PARK.
There is hereby established the Joshua Tree National Park,
(hereinafter in this section referred to as the ``park''), as
generally depicted on a map entitled ``Joshua Tree National
Park Boundary--Proposed,'' dated May 1991, and four maps
entitled ``Joshua Tree National Park Boundary and
Wilderness,'' numbered in the title one through four, and
dated October 1991 or prior, which shall be on file and
available for public inspection in the offices of the
Superintendent of the park and the Director of the National
Park Service, Department of the Interior. The Joshua Tree
National Monument is hereby abolished as such, the lands and
interests therein are hereby incorporated within and made
part of the new Joshua Tree National Park, and any funds
available for purposes of the monument shall be available for
purposes of the park.
SEC. 403. TRANSFER AND ADMINISTRATION OF LANDS.
Upon enactment of this title, the Secretary shall transfer
the lands under the jurisdiction of the Bureau of Land
Management depicted on the maps described in section 402 of
this title, without consideration, to the administrative
jurisdiction of the National Park Service for administration
as part of the National Park System. The boundaries of the
park shall be adjusted accordingly. The Secretary shall
administer the areas added to the park by this title in
accordance with the provisions of law generally applicable to
units of the National Park System, including the Act entitled
``An Act to establish a National Park Service, and for other
purposes,'' approved August 25, 1916 (39 Stat. 535; 16 U.S.C.
1, 2-4).
SEC. 404. MAPS AND LEGAL DESCRIPTION.
Within six months after the date of enactment of this
title, the Secretary shall file maps and legal description of
the park with the Committee on Energy and Natural Resources
of the United States Senate and the Committee on Natural
Resources of the United States House of Representatives. Such
maps and legal description shall have the same force and
effect as if included in this title, except that the
Secretary may correct clerical and typographical errors in
such legal description and maps. The maps and legal
description shall be on file and available for public
inspection in the appropriate offices of the National Park
Service, Department of the Interior.
[[Page 2369]]
SEC. 405. WITHDRAWAL.
Subject to valid existing rights, all Federal lands within
the park are hereby withdrawn from all forms of entry,
appropriation, or disposal under the public land laws; from
location, entry, and patent under the United States mining
laws; and from disposition under all laws pertaining to
mineral and geothermal leasing, and mineral materials, and
all amendments thereto.
SEC. 406. UTILITY RIGHTS-OF-WAY.
Nothing is this title shall have the effect of terminating
any validly issued right-of-way or customary operation
maintenance, repair, and replacement activities in such
right-of-way, issued, granted, or permitted to the
Metropolitan Water District pursuant to the Boulder Canyon
Project Act (43 U.S.C. 617-619b), which is located on lands
included in the Joshua Tree National Park, but outside lands
designated as wilderness under section 601(a)(2). Such
activities shall be conducted in a manner which will minimize
the impact on park resources. Nothing in this title shall
have the effect of terminating the fee title to lands or
customary operation, maintenance, repair, and replacement
activities on or under such lands granted to the Metropolitan
Water District pursuant to the Act of June 18, 1932 (47 Stat.
324), which are located on lands included in the Joshua Tree
National Park, but outside lands designated as wilderness
under section 601(a)(2). Such activities shall be conducted
in a manner which will minimize the impact on park resources.
The Secretary shall prepare within one hundred and eighty
days after the date of enactment of this Act, in consultation
with the Metropolitan Water District, plans for emergency
access by the Metropolitan Water District to its lands and
rights-of-way.
SEC. 407. JOSHUA TREE NATIONAL PARK ADVISORY COMMISSION.
(a) The Secretary shall establish an Advisory Commission of
no more than fifteen members, to advise the Secretary
concerning the development and implementation of a new or
revised comprehensive management plan for Joshua Tree
National Park.
(b)(1) The advisory commission shall include an elected
official for each county within which any part of the park is
located, a representative of the owners of private properties
located within or immediately adjacent to the park, and other
members representing persons actively engaged in grazing and
range management, mineral exploration and development, and
persons with expertise in relevant fields, including geology,
biology, ecology, law enforcement, and the protection and
management of National Park resources and values.
(2) Vacancies in the advisory commission shall be filled by
the Secretary so as to maintain the full diversity of views
required to be represented on the advisory commission.
(c) The Federal Advisory Committee Act shall apply to the
procedures and activities of the advisory commission.
(d) The advisory commission shall cease to exist ten years
after the date of its establishment.
TITLE V--MOJAVE NATIONAL PRESERVE
SEC. 501. FINDINGS.
The Congress hereby finds that--
(1) Death Valley and Joshua Tree National Parks, as
established by this Act, protect unique and superlative
desert resources, but do not embrace the particular
ecosystems and transitional desert type found in the Mojave
Desert area lying between them on public lands now afforded
only impermanent administrative designation as a national
scenic area;
(2) the Mojave Desert area possesses outstanding natural,
cultural, historical, and recreational values meriting
statutory designation and recognition as a unit of the
National Park System;
(3) the Mojave Desert area should be afforded full
recognition and statutory protection as a national preserve;
(4) the wilderness within the Mojave Desert should receive
maximum statutory protection by designation pursuant to the
Wilderness Act; and
(5) the Mojave Desert area provides an outstanding
opportunity to develop services, programs, accommodations,
and facilities to ensure the use and enjoyment of the area by
individuals with disabilities, consistent with section 504 of
the Rehabilitation Act of 1973, Public Law 101-336, the
Americans With Disabilities Act of 1990 (42 U.S.C. 12101),
and other appropriate laws and regulations.
SEC. 502. ESTABLISHMENT OF THE MOJAVE NATIONAL PRESERVE.
Ther is hereby established the Majave National Preserve,
comprising approximately one million four hundred nineteen
thousand eight hundred acres, as generally depicted on a map
entitled ``Mojave National Park Boundary--Proposed'', dated
May 17, 1994, which shall be on file and available for
inspection in the appropriate offices of the Director of the
National Park Service, Department of the Interior.
SEC. 503. TRANSFER OF LANDS.
Upon enactment of this title, the Secretary shall transfer
the lands under the jurisdiction of the Bureau of Land
Management depicted on the maps described in section 502 of
this title, without consideration, to the administrative
jurisdiction of the Director of the National Park Service.
The boundaries of the public lands shall be adjusted
accordingly.
SEC. 504. MAPS AND LEGAL DESCRIPTION.
Within six months after the date of enactment of this
title, the Secretary shall file maps and a legal description
of the preserve designated under this title with the
Committee on Energy and Natural Resources of the United
States Senate and the Committee on Natural Resources of the
United States House of Representatives. Such maps and legal
description shall have the same force and effect as if
included in this title, except that the Secretary may correct
clerical and typographical errors in such legal description
and in the maps referred to in section 502. The maps and
legal description shall be on file and available for public
inspection in the appropriate offices of the National Park
Service, Department of the Interior.
SEC. 505. ABOLISHMENT OF SCENIC AREA.
The East Mojave National Scenic Area, designated on January
13, 1981 (46 FR 3994), and modified on August 9, 1983 (48 FR
36210), is hereby abolished.
SEC. 406. ADMINISTRATION OF LANDS.
(a) The Secretary shall administer the preserve in
accordance with this title and with the provisions of law
generally applicable to units of the National Park System,
including the Act entitled ``An Act to establish a National
Park Service, and for other purposes'', approved August 25,
1916 (39 Stat. 535; 16 U.S.C. 1, 2-4).
(b) The Secretary shall permit hunting, fishing, and
trapping on lands and waters within the preserve designated
by this Act in accordance with applicable Federal and State
laws except that the Secretary may designate areas where, and
establish periods when, no hunting, fishing, or trapping will
be permitted for reasons of public safety, administration, or
compliance with provisions of applicable law. Except in
emergencies, regulations closing areas to hunting, fishing,
or trapping pursuant to this subsection shall be put into
effect only after consultation with the appropriate State
agency having responsibility for fish and wildlife. Nothing
in this Act shall be construed as affecting the jurisdiction
or responsibilities of the States with respect to fish and
wildlife on Federal lands and waters covered by this title
nor shall anything in this Act be construed as authorizing
the Secretary concerned to require a Federal permit to hunt,
fish, or trap on Federal lands and waters covered by this
title.
SEC. 507. WITHDRAWAL.
Subject to valid existing rights, all Federal lands within
the preserve are hereby withdrawn from all forms of entry,
appropriation, or disposal under the public land laws; from
location, entry, and patent under the United States mining
laws; and from disposition under all laws pertaining to
mineral and geothermal leasing, and mineral materials, and
all amendments thereto.
SEC. 508. REGULATION OF MINING.
Subject to valid existing rights, all mining claims located
within the preserve shall be subject to all applicable laws
and regulations applicable to mining within units of the
National Park System, including the Mining in the Parks Act
(16 U.S.C. 1901 et seq.), and any patent issued after the
date of enactment of this title shall convey only to the
minerals together with the right to use the surface of lands
for mining purposes, subject to such laws and regulations.
SEC. 509. STUDY AS TO VALIDITY OF MINING CLAIMS.
(a) The Secretary shall not approve any plan of operation
prior to determining the validity of the unpatented mining
claims, mill sites, and tunnel sites affected by such plan
within the preserve and shall submit to Congress
recommendations as to whether any valid or patented claims
should be acquired by the United States, including the
estimated acquisition costs of such claims, and a discussion
of the environmental consequences of the extraction of
minerals from these lands.
(b)(1) Notwithstanding any other provision of law, the
Secretary shall permit the holder or holders of mining claims
identified on the records of the Bureau of Land Management as
Volco #A CAMC 105446, Volco #B CAMC 105447, Volco 1 CAMC
80155, Volco 2 CAMC 80156, Volco 3 CAMC 170259, Volco 4 CAMC
170260, Volco 5 CAMC 78405, Volco 6 CAMC 78404, and Volco 7
CAMC 78403, Volco Placer 78332, to continue exploration and
development activities on such claims for a period of two
years after the date of enactment of this title, subject to
the same regulations as applied to such activities on such
claims on the day before such date of enactment.
(2) At the end of the period specified in paragraph (1), or
sooner if so requested by the holder or holders of the claims
specified in such paragraph, the Secretary shall determine
whether there has been a discovery of valuable minerals on
such claims and whether, if such discovery had been made on
or before July 1, 1994, such claims would have been valid as
of such date under the mining laws of the United States in
effect on such date.
(3) If the Secretary, pursuant to paragraph (2), makes an
affirmative determination concerning the claims specified in
paragraph (1), the holder or holders of such claims shall be
permitted to continue to operate such claims subject only to
such regulations as applied on July 1, 1994 to the exercise
of valid existing rights on patented mining claims within a
unit of the National Park System.
SEC. 510. GRAZING.
(a) The privilege of grazing domestic livestock on lands
within the preserve shall continue to be exercised at no more
than the current level, subject to applicable laws and
National Park Service regulations.
(b) If a person holding a grazing permit referred to in
subsection (a) informs the Sec-
[[Page 2370]]
retary that such permittee is willing to convey to the United
States any base property with respect to which such permit
was issued and to which such permittee holds title, the
Secretary shall make the acquisition of such base property a
priority as compared with the acquisition of other lands
within the preserve, provided agreement can be reached
concerning the terms and conditions of such acquisition. Any
such base property which is located outside the preserve and
acquired as a priority pursuant to this section shall be
managed by the Federal agency responsible for the majority of
the adjacent lands in accordance with the laws applicable to
such adjacent lands.
SEC. 511. UTILITY RIGHTS OF WAY.
(a)(1) Nothing in this title shall have the effect of
terminating any validly issued right-of-way or customary
operation, maintenance, repair, and replacement activities in
such right-of-way, issued, granted, or permitted to Southern
California Edison Company, its successors or assigns, which
is located on lands included in the Mojave National Preserve,
but outside lands designated as wilderness under section
601(a)(3). Such activities shall be conducted in a manner
which will minimize the impact on preserve resources.
(2) Nothing in this title shall have the effect of
prohibiting the upgrading of an existing electrical
transmission line for the purpose of increasing the capacity
of such transmission line in the Southern California Edison
Company validly issued Eldorado-Lugo Transmission Line right-
of-way and Mojave-Lugo Transmission Line right-of-way, or in
a right-of-way if issued, granted, or permitted by the
Secretary adjacent to the existing Mojave-Lugo Transmission
Line right-of-way (hereafter in this section referred to as
``adjacent right-of-way''), including construction of a
replacement transmission line: Provided, That--
(A) in the Eldorado-Lugo Transmission Line rights-of-way
(hereafter in this section referred to as the ``Eldorado
rights-of-way'') at no time shall there be more than three
electrical transmission lines;
(B) in the Mojave-Lugo Transmission Line right-of-way
(hereafter in this section referred to as the ``Mojave right-
of-way'') and adjacent right-of-way, removal of the existing
electrical transmission line and reclamation of the site
shall be completed no later than three years after the date
on which construction of the upgraded transmission line
begins, after which time there may be only one electrical
line in the lands encompassed by Mojave right-of-way and
adjacent right-of-way;
(C) if there are no more than two electrical transmission
lines in the Eldorado rights-of-way, two electrical
transmission lines in the lands encompassed by the Mojave
right-of-way and adjacent right-of-way may be allowed;
(D) in the Eldorado rights-of-way and Mojave right-of-way
no additional land shall be issued, granted, or permitted for
such upgrade unless an addition would reduce the impacts to
preserve resources;
(E) no more than 350 feet of additional land shall be
issued, granted, or permitted for an adjacent right-of-way to
the south of the Mojave right-of-way unless a greater
addition would reduce the impacts to preserve resources; and
(F) such upgrade activities, including helicopter aided
construction, shall be conducted in a manner which will
minimize the impact on preserve resources.
(3) The Secretary shall prepare within one hundred and
eighty days after the date of enactment of this title, in
consultation with the Southern California Edison Company,
plans for emergency access by the Southern California Edison
Company to its rights-of-way.
(b)(1) Nothing in this title shall have the effect of
terminating any validly issued right-of-way, or customary
operation, maintenance, repair, and replacement activities in
such right-of-way; prohibiting the upgrading of and
construction on existing facilities in such right-of-way for
the purpose of increasing the capacity of the existing
pipeline; or prohibiting the renewal of such right-of-way
issued, granted or permitted to the Southern California Gas
Company, its successors or assigns, which is located on lands
included in the Mojave National Preserve, but outside lands
designated as wilderness under section 601(A)(3). Such
activities shall be conducted in a manner which will minimize
the impact on preserve resources.
(2) The Secretary shall prepare within one hundred and
eighty days after the date of enactment of this title, in
consultation with the Southern California Gas Company, plans
for emergency access by the Southern California Gas Company
to its rights-of-way.
(c) Nothing in this title shall have the effect of
terminating any validly issued right-of-way or customary
operation, maintenance, repair, and replacement activities of
existing facilities issued, granted, or permitted for
communications cables or lines, which are located on lands
included in the Mojave National Preserve, but outside lands
designated as wilderness under section 601(a)(3). Such
activities shall be conducted in a manner which will minimize
the impact on preserve resources.
(d) Nothing in this title shall have the effect of
terminating any validly issued right-of-way or customary
operation, maintenance, repair and replacement activities of
existing facilities issued, granted, or permitted to
Molybdenum Corporation of America; Molycorp, Incorporated; or
Union Oil Company of California (d/b/a Unocal Corporation);
or its successors or assigns, or prohibiting renewal of such
right-of-way, which is located on lands included in the
Mojave National Preserve, but outside lands designated as
wilderness under section 601(a)(3). Such activities shall be
conducted in a manner which will minimize the impact of
preserve resources.
SEC. 512. PREPARATION OF MANAGEMENT PLAN.
Within three years after the date of enactment of this
title, the Secretary shall submit to the Committee on Energy
and Natural Resources of the United States Senate and the
Committee on Natural Resources of the United States House of
Representatives a detailed and comprehensive management plan
for the preserve. Such plan shall place emphasis on
historical and cultural sites and ecological and wilderness
values within the boundaries of the preserve. Such plan shall
evaluate the feasibility of using the Kelso Depot and
existing railroad corridor to provide public access to and a
facility for special interpretive, educational and scientific
programs within the preserve. Such plan shall specifically
address the needs of individuals with disabilities in the
design of services, programs, accommodations and facilities
consistent with section 504 of the Rehabilitation Act of
1973, Public Law 101-336, the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101), and other appropriate laws and
regulations.
SEC. 513. GRANITE MOUNTAINS NATURAL RESERVE.
(a) Establishment.--There is hereby designated the Granite
Mountains Natural Reserve within the preserve comprising
approximately nine thousand acres as generally depicted on a
map entitled ``Mojave National Park Boundary and Wilderness--
Proposed 6'', dated May 1991.
(b) Cooperative Management Agreement.--Upon enactment of
this title, the Secretary shall enter into a cooperative
management agreement with the University of California for
the purposes of managing the lands within the Granite
Mountains Natural Reserve. Such cooperative agreement shall
ensure continuation of arid lands research and educational
activities of the University of California, consistent with
the provisions of this title and laws generally applicable to
units of the National Park System.
SEC. 514. SODA SPRINGS DESERT STUDY CENTER.
Upon enactment of this title, the Secretary shall enter
into a cooperative management agreement with California State
University for the purposes of managing facilities at the
Soda Springs Desert Study Center. Such cooperative agreement
shall ensure continuation of the desert research and
educational activities of California State University,
consistent with the provisions of this title and laws
generally applicable to units of the National Park System.
SEC. 515. CONSTRUCTION OF VISITOR CENTER.
The Secretary is authorized to construct a visitor center
in the preserve for the purpose of providing information
through appropriate displays, printed material, and other
interpretive programs, about the resources of the preserve.
SEC. 516. ACQUISITION OF LANDS.
The Secretary is authorized to acquire all lands and
interest in lands within the boundary of the preserve by
donation, purchase, or exchange, except that--
(1) any lands or interests therein within the boundary of
the preserve which are owned by the State of California, or
any political subdivision thereof, may be acquired only by
donation or exchange except for lands managed by the
California State Lands Commission; and
(2) lands or interests therein within the boundary of the
preserve which are not owned by the State of California or
any political subdivision thereof may be acquired only with
the consent of the owner thereof unless the Secretary
determines, after written notice to the owner and after
opportunity for comment, that the property is being
developed, or proposed to be developed, in a manner which is
detrimental to the integrity of the preserve or which is
otherwise incompatible with the purpose of this title:
Provided, however, That the construction, modification,
repair, improvement, or replacement of a single-family
residence shall not be determined to be detrimental to the
integrity of the preserve or incompatible with the purposes
of this title.
SEC. 517. ACQUIRED LANDS TO BE MADE PART OF MOJAVE NATIONAL
PRESERVE.
Any lands acquired by the Secretary under this title shall
become part of the Mojave National Preserve.
SEC. 518. MOJAVE NATIONAL PRESERVE ADVISORY COMMISSION.
(a) The Secretary shall establish an Advisory Commission of
no more than fifteen members, to advise the Secretary
concerning the development and implementation of a new or
revised comprehensive management plan for the Mojave National
Preserve.
(b)(1) The advisory commission shall include an elected
official for each County within which any part of the
preserve is located, a representative of the owners of
private properties located within or immediately adjacent to
the preserve, and other members representing persons actively
engaged in grazing and range management, mineral exploration
and development, and persons with expertise in relevant
fields, including geology, biology, ecology, law enforcement,
and the protection and management of National Park resources
and values.
(2) Vacancies in the advisory commission shall be filled by
the Secretary so as to
[[Page 2371]]
maintain the full diversity of views required to be
represented on the advisory commission.
(c) The Federal Advisory Committee Act shall apply to the
procedures and activities of the advisory commission.
(d) The advisory commission shall cease to exist ten years
after the date of its establishment.
SEC. 519. NO ADVERSE AFFECT ON LAND UNTIL ACQUIRED.
Unless and until acquired by the United States, no lands
within the boundaries of wilderness areas or National Park
System units designated or enlarged by this Act that are
owned by any person or entity other than the United States
shall be subject to any of the rules or regulations
applicable solely to the Federal lands within such boundaries
and may be used to the extent allowed by applicable law.
Neither the location of such lands within such boundaries nor
the possible acquisition of such lands by the United States
shall constitute a bar to the otherwise lawful issuance of
any Federal license or permit other than a license or permit
related to activities governed by 16 U.S.C. 4601-22(c).
Nothing in this section shall be construed as affecting the
applicability of any provision of the Mining in the Parks Act
(16 U.S.C. 1901 et seq.), the Clean Air Act (42 U.S.C. 7401
et seq.), or regulations applicable to oil and gas
development as set forth in 36 CFR 9B.
TITLE VI--NATIONAL PARK SYSTEM WILDERNESS
SEC. 601. DESIGNATION OF WILDERNESS.
(a) In furtherance of the purposes of the Wilderness Act
(78 Stat. 890; 16 U.S.C. 1311 et seq.), the following lands
within the units of the National Park System designated by
this Act are hereby designated as wilderness, and therefore,
as components of the National Wilderness Preservation System:
(1) Death Valley National Park Wilderness, comprising
approximately three million one hundred fifty-eight thousand
thirty-eight acres, as generally depicted on twenty-three
maps entitled ``Death Valley National Park Boundary and
Wilderness'', numbered in the title one through twenty-three,
and dated October 1993 or prior, and three maps entitled
``Death Valley National Park Wilderness'', numbered in the
title one through three, an dated July 1993 or prior, and
which shall be known as the Death Valley Wilderness.
(2) Joshua Tree National Park Wilderness Additions,
comprising approximately one hundred thirty-one thousand
seven hundred and eighty acres, as generally depicted on four
maps entitled ``Joshua Tree National Park Boundary and
Wilderness--Proposed'', numbered in the title one through
four, and dated October 1991 or prior, and which are hereby
incorporated in, and which shall be deemed to be a part of
the Joshua Tree Wilderness as designated by Public Law 94-
567.
(3) Mojave National Preserve Wilderness, comprising
approximately six hundred ninety-five thousand two hundred
acres, as generally depicted on ten maps entitled ``Mojave
National Park Boundary and Wilderness--Proposed'', and
numbered in the title one through ten, and dated March 1994
or prior, and seven maps entitled ``Mojave National Park
Wilderness--Proposed'', numbered in the title one through
seven, and dated March 1994 or prior, and which shall be
known as the Mojave Wilderness.
(b) Potential Wilderness.--Upon cessation of all uses
prohibited by the Wilderness Act and publication by the
Secretary in the Federal Register of notice of such
cessation, potential wilderness, comprising approximately six
thousand eight hundred and forty acres, as described in
``1988 Death Valley National Monument Draft General
Management Plan Draft Environmental Impact Statement''
(hereafter in this title referred to as ``Draft Plan'') and
as generally depicted on map in the Draft Plan entitled
``Wilderness Plan Death Valley National Monument'', dated
January 1988, and which shall be deemed to be a part of the
Death Valley Wilderness as designated in paragraph (a)(1).
Lands identified in the Draft Plan as potential wilderness
shall be managed by the Secretary insofar as practicable as
wilderness until such time as said lands are designated as
wilderness.
SEC. 602. FILING OF MAPS AND DESCRIPTIONS.
Maps and a legal description of the boundaries of the areas
designated in section 601 of this title shall be on file and
available for public inspection in the appropriate offices of
the National Park Service, Department of the Interior. As
soon as practicable after the date of enactment of this
title, maps and legal descriptions of the wilderness areas
shall be filed with the Committee on Energy and National
Resources of the United States Senate and the Committee on
National Resources of the United States House of
Representatives, and such maps and legal descriptions shall
have the same force and effect as if included in this title,
except that the Secretary may correct clerical and
typographical errors in such maps and legal descriptions.
SEC. 603. ADMINISTRATION OF WILDERNESS AREAS.
The areas designated by section 601 of this title as
wilderness shall be administered by the Secretary in
accordance with the applicable provisions of the Wilderness
Act governing areas designated by that title as wilderness,
except that any reference in such provision to the effective
date of the Wilderness Act shall be deemed to be a reference
to the effective date of this title, and where appropriate,
and reference to the Secretary of Agriculture shall be deemed
to be a reference to the Secretary of the Interior.
TITLE VII--MISCELLANEOUS PROVISIONS
SEC. 701. TRANSFER OF LANDS TO RED ROCK CANYON STATE PARK.
Upon enactment of this title, the Secretary shall transfer
to the State of California certain lands within the
California Desert Conservation Area, California, of the
Bureau of Land Management, comprising approximately twenty
thousand five hundred acres, as generally depicted on two
maps entitled ``Red Rock Canyon State Park Additions 1'' and
``Red Rock Canyon State Park Additions 2'', dated May 1991,
for inclusion in the State of California Park System. Should
the State of California cease to manage these lands as part
of the State Park System, ownership of the lands shall revert
to the Department of the Interior to be managed as part of
California Desert Conservation Areas to provide maximum
protection for the area's scenic and scientific values.
SEC. 702. LAND TENURE ADJUSTMENTS.
In preparing land tenure adjustment decision with the
California Desert Conservation Area, of the Bureau of Land
Management, the Secretary shall give priority to
consolidating Federal ownership within the national park
units and wilderness areas designed by this Act.
SEC. 703. LAND DISPOSAL.
Except as provided in section 406 of this Act, none of the
lands within the boundaries of the wilderness or park areas
designated under this Act shall be granted to or otherwise
made available for use by the Metropolitan Water District or
any other agencies or persons pursuant to the Boulder Canyon
Project Act (43 U.S.C. 617-619b) or any similar acts.
SEC. 704. MANAGEMENT OF NEWLY ACQUIRED LANDS.
Any lands within the boundaries of a wilderness area
designated under this Act which are acquired by the Federal
Government, shall become part of the wilderness area within
which they are located and shall be managed in accordance
with all the provisions of this Act and other laws applicable
to such wilderness area.
SEC. 705. NATIVE AMERICAN USES AND INTERESTS.
(a) Access.--In recognition of the past use of the National
Park System units and wilderness areas designated under this
Act by Indian people for traditional cultural and religious
purposes, the Secretary shall ensure access to such park
system units and wilderness areas by Indian people for such
traditional cultural and religious purposes. In implementing
this section, the Secretary, upon the request of an Indian
tribe or Indian religious community, shall temporarily close
to the general public use of one or more specific portions of
the park system unit or wilderness area in order to protect
the privacy of traditional cultural and religious activities
in such areas by Indian people. Any such closure shall be
made to affect the smallest practicable area for the minimum
period necessary for such purposes. Such access shall be
consistent with the purpose and intent of Public Law 95-341
(42 U.S.C. 1996) commonly referred to as the ``American
Indian Religious Freedom Act'', and with respect to areas
designated as wilderness, the Wilderness Act (78 Stat. 890;
16 U.S.C. 1131).
(b) Study.--(1) The Secretary, in consultation with the
Timbisha Shoshone Tribe and relevant Federal agencies, shall
conduct a study, subject to the availability of
appropriations, to identify lands suitable for a reservation
for the Timbisha Shoshone Tribe that are located within the
Tribe's aboriginal homeland area within and outside the
boundaries of the Death Valley National Monument and the
Death Valley National Park, as described in title III of this
Act.
(2) Not later than 1 year after the date of enactment of
this title, the Secretary shall submit a report to the
Committee on Energy and Natural Resources and the Committee
on Indian Affairs of the United States Senate, and the
Committee on Natural Resources of the United States House of
Representatives on the results of this study conducted under
paragraph (1).
SEC. 706. FEDERAL RESERVED WATER RIGHTS.
(a) Except as otherwise provided in section 204 of this
Act, with respect to each wilderness area designated by this
Act, Congress hereby reserves a quantity of water sufficient
to fulfill the purposes of this Act. The priority of such
reserved water rights shall be the date of enactment of this
Act.
(b) The Secretary and all other officers of the United
States shall take all steps necessary to protect the rights
reserved by this section, including the filing by the
Secretary of a claim for the quantification of such rights in
any present or future appropriate stream adjudication in the
courts of the State of California in which the United States
is or may be joined in accordance with section 208 of the Act
of July 10, 1952 (66 Stat. 560, 44 U.S.C. 666), commonly
referred to as the McCarran Amendment.
(c) Nothing in this Act shall be construed as a
relinquishment or reduction of any water right reserved or
appropriated by the United States in the State of California
on or before the date of enactment of this Act.
(d) The Federal water rights reserved by this Act are
specific to the wilderness area located in the State of
California designated under this Act. Nothing in this Act
related to the reserved Federal water rights shall be
construed as establishing a precedent with
[[Page 2372]]
regard to any future designations, nor shall it constitute an
interpretation of any other Act or any designation made
thereto.
SEC. 707. CALIFORNIA STATE SCHOOL LANDS.
(a) Negtiations to Exchange.--Upon request of the
California State Lands Commission (hereinafter in this
section referred to as the ``Commission''), the Secretary
shall enter into negotiations for an agreement to exchange
Federal lands or interests therein on the list referred to in
subsection (b)(2) for California State School lands or
interests therein which are located within the boundaries of
one or more of the wilderness areas or park system units
designated by this Act (hereinafter in this section referred
to as ``State School lands.''). The Secretary shall negotiate
in good faith to reach a land exchange agreement consistent
with the requirements of section 206 of the Federal Land
Policy and Management act of 1976.
(b) Preparation of List.--Within six months after the date
of enactment of this Act, the Secretary shall send to the
Commission and to the Committee on Energy and Natural
Resources of the United States Senate and the Committee on
Natural Resources of the United States House of
Representatives a list of the following:
(1) State School lands or interests therein (including
mineral interests) which are located within the boundaries of
the wilderness areas or park system units designated by this
Act.
(2) Lands within the State of California under the
jurisdiction of the Secretary that the Secretary determines
to be suitable for disposal for exchange, identified in the
following priority--
(A) lands with mineral interests, including geothermal, which
have the potential for commercial development but which are
not currently under mineral lease or producing Federal
mineral revenues;
(B) Federal claims in California managed by the Bureau of
Reclamation that the Secretary determines are not needed for
any Bureau of Reclamation project; and
(C) any public lands in California that the Secretary,
pursuant to the Federal Land Policy and Management Act of
1976, has determined to be suitable for disposal through
exchange.
(3) Any other Federal land, or interest therein, within the
State of California, which is or becomes surplus to the needs
of the Federal Government. The Secretary may exclude, in the
Secretary's discretion, lands located within, or contiguous
to, the exterior boundaries of lands held in trust for a
federally recognized Indian tribe located in the State of
California.
(4) The Secretary shall maintain such list and shall
annually transmit such list to the Committee on Energy and
Natural Resources of the United States Senate and the
Committee on Natural Resources of the United States House of
Representatives until all of the State School lands
identified in paragraph (1) have been acquired.
(c) Disposal of Surplus Federal Property.--(1) Effective
upon the date of enactment of this title and until all State
School lands identified in paragraph (b)(1) of this section
are acquired, no Federal lands or interests therein within
the State of California may be disposed of from Federal
ownership unless--
(A) the Secretary is notified of the availability of such
lands or interest therein;
(B) the Secretary has notified the Commission of the
availability of such lands or interests therein for exchange;
and
(C) the Commission has not notified the Secretary within
six months that it wishes to consider entering into an
exchange for such lands or interests therein.
(2) If the Commission notifies the Secretary that it wishes
to consider an exchange for such lands or interests therein,
the Secretary shall attempt to conclude such exchange in
accordance with the provisions of this section as quickly as
possible.
(3) If an agreement is reached and executed with the
Commission, then upon notice to the head of the agency having
administrative jurisdiction over such lands or interests
therein, the Secretary shall be vested with administrative
jurisdiction over such land or interests therein for the
purpose of concluding such exchange.
(4) Upon the acquisition of all State School lands or upon
notice by the Commission to the Secretary that it no longer
has an interest in such lands or interests therein, such
lands or interests shall be released to the agency that
originally had jurisdiction over such lands or interests for
disposal in accordance with the laws otherwise applicable to
such lands or interests.
(d) No Effect on Military Base Closures.--The provisions of
this section shall not apply to the disposal of property
under title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 102
Stat. 2627; 10 U.S.C. 2687 note) or the Defense Base Closure
and Realignment Act of 1990 (Public Law 101-510; 104 Stat.
1808; 10 U.S.C. 2687 note).
SEC. 708. ACCESS TO PRIVATE PROPERTY.
The Secretary shall provide adequate access to nonfederally
owned land or interests in land within the boundaries of the
conservation units and wilderness areas designated by this
Act which will provide the owner of such land or interest the
reasonable use and enjoyment thereof.
SEC. 709. FEDERAL FACILITIES FEE EQUITY.
(a) Policy Statement.--It is the intent of Congress that
entrance, tourism or recreational use fees for use of Federal
lands and facilities not discriminate against any State or
any region of the country.
(b) Fee Study.--The Secretary, in cooperation with other
affected agencies, shall prepare and submit a report by May
1, 1996 to the Committee on energy and Natural Resources of
the United States Senate, the Committee on Natural Resources
of the United States House of Representatives, and any other
relevant committees, which shall--
(1) identify all Federal lands and facilities that provide
recreational or tourism use; and
(2) analyze by State and region any fees charged for
entrance, recreational or tourism use, if any, on Federal
lands or facilities in a State or region, individually and
collectively.
(c) Recommendations.--Following completion of the report in
subsection (b), the Secretary, in cooperation with other
affected agencies, shall prepare and submit a report by May
1, 1997 to the Committee on Energy and Natural Resource of
the United States Senate, the Committee on Natural Resources
of the United States House of Representatives, and any other
relevant committees, which shall contain recommendations
which the Secretary deems appropriate for implementing the
congressional intent outlined in subsection (a).
SEC. 710. LAND APPRAISAL.
Lands and interests in lands acquired pursuant to this Act
shall be appraised without regard to the presence of a
species listed as threatened or endangered pursuant to the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
SEC. 711. DEFINITION.
Any reference to the term ``this Act'' in titles I through
IX shall be deemed to be solely a reference to sections 1 and
2, and titles I through IX.
TITLE VIII--MILITARY LANDS AND OVERFLIGHTS
SEC. 801. SHORT TITLE AND FINDINGS.
(a) Short Title.--This title may be cited as the
``California Military Lands Withdrawal and Overflights Act of
1994''.
(b) Findings.--The Congress finds that--
(1) military aircraft testing and training activities as
well as demilitarization activities in California are an
important part of the national defense system of the United
States, and are essential in order to secure for the American
people of this and future generations an enduring and viable
national defense system;
(2) the National Park System units and wilderness areas
designated by this Act lie within a region critical to
providing training, research, and development for the Armed
Forces of the United States and its allies;
(3) there is a lack of alternative sites available for
these military training, testing, and research activities;
(4) continued use of the lands and airspace in the
California desert region is essential for military purposes;
and
(5) continuation of these military activities, under
appropriate terms and conditions, is not incompatible with
the protection and proper management of the natural,
environmental, cultural, and other resources and values of
the Federal lands in the California desert area.
SEC. 802. MILITARY OVERFLIGHTS.
(a) Overflights.--Nothing in this Act, the Wilderness Act,
or other land management laws generally applicable to the new
units of the National Park Wilderness Preservation Systems
(or any additions to existing units) designated by this Act,
shall restrict or preclude low-level overflights of military
aircraft over such units, including military overflights that
can be seen or heard within such units.
(b) Special Airspace.--Nothing in this Act, the Wilderness
Act, or other land management laws generally applicable to
the new units of the National Park or Wilderness Preservation
Systems (or any additions to existing units) designated by
this Act, shall restrict or preclude the designation of new
units of special airspace or the use or establishment of
military flight training routes over such new park system or
wilderness units.
(c) No Effect on Other Laws.--Nothing in this section shall
be construed to modify, expand, or diminish any authority
under other Federal law.
SEC. 803. WITHDRAWALS.
(a) China Lake.--(1) Subject to valid existing rights and
except as otherwise provided in this title, the Federal lands
referred to in paragraph (2), and all other areas within the
boundary of such lands as depicted on the map specified in
such paragraph which may become subject to the operation of
the public land laws, are hereby withdrawn from all forms of
appropriation under the public land laws (including the
mining laws and the mineral leasing laws). Such lands are
reserved for use by the Secretary of the Navy for--
(A) use as a research, development, test, and evaluation
laboratory;
(B) use as a range for air warfare weapons and weapon
systems;
(C) Use as a high hazard training area for aerial gunnery,
rocketry, electronic warfare and countermeasures, tactical
maneuvering and air support;
(D) geothermal leasing and development and related power
production activities; and
(E) subject to the requirements of section 804(f) of this
title, other defense-related purposes consistent with the
purposes specified in this paragraph.
(2) The lands referred to in paragraph (1) are the Federal
lands located with the
[[Page 2373]]
boundaries of the China Lake Naval Weapons Center, comprising
approximately one million one hundred thousand acres in Inyo,
Kern, and San Bernardino Counties, California, as generally
depicted on a map entitled ``China Lake Naval Weapons Center
Withdrawal--Proposed'', dated January 1985.
(b) Chocolate Mountain.--(1) Subject to valid existing
rights and except as otherwise provided in this title, the
Federal lands referred to in paragraph (2), and all other
areas within the boundary of such lands as depicted on the
map specified in such paragraph which may become subject to
the operation of the public land law, are hereby withdrawn
from all forms of appropriation under the public land laws
(including the mining laws and the mineral leasing and the
geothermal leasing laws). Such lands are reserved for use by
the Secretary of the Navy for--
(A) testing and training for aerial bombing, missile
firing, tactical maneuvering and air support; and
(B) subject to the provisions of section 804(f) of this
title, other defense-related purposes consistent with the
purposes specified in this paragraph.
(2) The lands referred to in paragraph (1) are the Federal
lands comprising approximately two hundred twenty-six
thousand seven hundred and eleven acres in Imperial County,
California, as generally depicted on a map entitled
``Chocolate Mountain Aerial Gunnery Range Proposed--
Withdrawal'' dated July 1993.
SEC. 804. MAPS AND LEGAL DESCRIPTIONS.
(a) Publication and Filing Requirement.--As soon as
practicable after the date of enactment of this title, the
Secretary shall--
(1) publish in the Federal Register a notice containing the
legal description of the lands withdrawn and reserved by this
title; and
(2) file maps and the legal description of the lands
withdrawn and reserved by this title with the Committee on
Energy and Natural Resources of the United States Senate and
the Committee on Nature Resources of the United States House
of Representatives.
(b) Technical Corrections.--Such maps and legal
descriptions shall have the same force and effect as if they
were included in this title except that the Secretary may
correct clerical and typographical errors in such maps and
legal descriptions.
(c) Availability for Public Inspection.--Copies of such
maps and legal descriptions shall be available for public
inspection in the appropriate office of the Bureau of Land
Management; the office of the commander of the Naval Weapons
Center, China Lake, California; the office of the commanding
officer, Marine Corps Air Station, Yuma, Arizona; and the
Office of the Secretary of Defense, Washington, District of
Columbia.
(d) Reimbursement.--The Secretary of Defense shall
reimburse the Secretary for the cost of implementing this
section.
SEC. 805. MANAGEMENT OF WITHDRAWN LANDS.
(a) Management by the Secretary of the Interior.--(1)
Except as provided in subsection (g), during the period of
the withdrawal the Secretary shall manage the lands withdrawn
under section 802 of this title pursuant to the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)
and other applicable law, including this title.
(2) To the extent consistent with applicable law and
Executive orders, the lands withdrawn under section 802 of
this title may be managed in a manner permitting--
(A) the continuation of grazing pursuant to applicable law
and Executive orders were permitted on the date of enactment
of this title;
(B) protection of wildlife and wildlife habitat;
(C) control of predatory and other animals;
(D) recreation (but only on lands withdrawn by section
802(a) of this title (relating to China Lake));
(E) the prevention and appropriate suppression of brush and
range fires resulting from nonmilitary activities; and
(F) geothermal leasing and development and related power
production activities on the lands withdrawn under section
802(a) of this title (relating to China Lake).
(3)(A) All nonmilitary use of such lands, including the
uses described in paragraph (2), shall be subject to such
conditions and restrictions as may be necessary to permit the
military use of such lands for the purposes specified in or
authorized pursuant to this title.
(B) The Secretary may issue any lease, easement, right-of-
way, or other authorization with respect to the nonmilitary
use of such lands only with the concurrence of the Secretary
of the Navy.
(b) Closure to Public.--(1) If the Secretary of the Navy
determines that military operations, public safety, or
national security require the closure to public use of any
road, trail, or other portion of the lands withdrawn by this
title, the Secretary may take such action as the Secretary
determines necessary or desirable to effect and maintain such
closure.
(2) Any such closure shall be limited to the minimum areas
and periods which the Secretary of the Navy determines are
required to carry out this subsection.
(3) Before and during any closure under this subsection,
the Secretary of the Navy shall--
(A) keep appropriate warning notices posted; and
(B) take appropriate steps to notify the public concerning
such closures.
(c) Management Plan.--The Secretary (after consultation
with the Secretary of the Navy) shall develop a plan for the
management of each area withdrawn under section 802 of this
title during the period of such withdrawal. Each plan shall--
(1) be consistent with applicable law;
(2) be subject to conditions and restrictions specified in
subsection (a)(3);
(3) include such provisions as may be necessary for proper
management and protection of the resources and values of such
area; and
(4) be developed not later than three years after the date
of enactment of this title.
(d) Brush and Range Fires.--The Secretary of the Navy shall
take necessary precautions to prevent and suppress brush and
range fires occurring within and outside the lands withdrawn
under section 802 of this title as a result of military
activities and may seek assistance from the Bureau of Land
Management in the suppression of such fires. The memorandum
of understanding required by subsection (e) shall provide for
Bureau of Land Management assistance in the suppression of
such fires, and for a transfer of funds from the Department
of the Navy to the Bureau of Land Management as compensation
for such assistance.
(e) Memorandum of Understanding.--(1) The Secretary and the
Secretary of the Navy shall (with respect to each land
withdrawal under section 802 of this title) enter into a
memorandum of understanding to implement the management plan
developed under subsection (c). Any such memorandum of
understanding shall provide that the Director of the Bureau
of Land Management shall provide assistance in the
suppression of fires resulting from the military use of lands
withdrawn under section 802 if requested by the Secretary of
the Navy.
(2) The duration of any such memorandum shall be the same
as the period of the withdrawal of the lands under section
802.
(f) Additional Military Uses.--Lands withdrawn under
section 802 of this title may be used for defense-related
uses other than those specified in such section. The
Secretary of Defense shall promptly notify the Secretary in
the event that the lands withdrawn by this title will be used
for defense-related purposes other than those specified in
section 802. Such notification shall indicate the additional
use or uses involved, the proposed duration of such uses, and
the extent to which such additional military uses of the
withdrawn lands will require that additional or more
stringent conditions or restrictions be imposed on otherwise-
permitted nonmilitary uses of the withdrawn land or portions
thereof.
(g) Management of China Lake.--(1) The Secretary may assign
the management responsibility for the lands withdrawn under
section 802(a) of this title to the Secretary of the Navy who
shall manage such lands, and issue leases, easements, rights-
of-way, and other authorizations, in accordance with this
title and cooperative management arrangements between the
Secretary and the Secretary of the Navy: Provided, That
nothing in this subsection shall affect geothermal leases
issued by the Secretary prior to the date of enactment of
this title, or the responsibility of the Secretary to
administer and manage such leases, consistent with the
provisions of this section. In the case that the Secretary
assigns such management responsibility to the Secretary of
the Navy before the development of the management plan under
subsection (c), the Secretary of the Navy (after consultation
with the Secretary) shall develop such management plan.
(2) The Secretary shall be responsible for the issuance of
any lease, easement, right-of-way, and other authorization
with respect to any activity which involves both the lands
withdrawn under section 802(a) of this title and any other
lands. Any such authorization shall be issued only with the
consent of the Secretary of the Navy and, to the extent that
such activity involves lands withdrawn under section 802(a),
shall be subject to such conditions as the Secretary of the
Navy may prescribe.
(3) The Secretary of the Navy shall prepare and submit to
the Secretary an annual report on the status of the natural
and cultural resources and values of the lands withdrawn
under section 802(a). The Secretary shall transmit such
report to the Committee on Energy and Natural Resources of
the United States Senate and the Committee on Natural
Resources of the United States House of Representatives.
(4) The Secretary of the Navy shall be responsible for the
management of wild horses and burros located on the lands
withdrawn under section 802(a) of this title and may utilize
helicopters and motorized vehicles for such purposes. Such
management shall be in accordance with laws applicable to
such management on public lands and with an appropriate
memorandum of understanding between the Secretary and the
Secretary of the Navy.
(5) Neither this title nor any other provision of law shall
be construed to prohibit the Secretary from issuing and
administering any lease for the development and utilization
of geothermal steam and associated geothermal resources on
the lands withdrawn under section 802(a) of this title
pursuant to the Geothermal Steam Act of 1970 (30 U.S.C. 1001
et seq.) and other applicable law, but no such lease shall be
issued without the concurrence of the Secretary of the Navy.
(6) This title shall not affect the geothermal exploration
and development authority of the Secretary of the Navy under
section 2689 of title 10, United States Code, except that the
Secretary of the Navy shall obtain the concurrence of the
Secretary be-
[[Page 2374]]
fore taking action under that section with respect to the
lands withdrawn under section 802(a).
(7) Upon the expiration of the withdrawal or relinquishment
of China Lake, Navy contracts for the development of
geothermal resources at China Lake then in effect (as amended
or renewed by the Navy after the date of enactment of this
title) shall remain in effect: Provided, That the Secretary,
with the consent of the Secretary of the Navy, may offer to
substitute a standard geothermal lease for any such contract.
SEC. 806. DURATION OF WITHDRAWALS.
(a) Duration.--The withdrawals and reservations established
by this title shall terminate twenty years after the date of
enactment of this title.
(b) Draft Environmental Impact Statement.--No later than
eighteen years after the date of enactment of this title, the
Secretary of the Navy shall publish a draft environmental
impact statement concerning continue or renewed withdrawal of
any portion of the lands withdrawn by this title for which
that Secretary intends to seek such continued or renewed
withdrawal. Such draft environmental impact statement shall
be consistent with the requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
applicable to such a draft environmental impact statement.
Prior to the termination date specified in subsection (a),
the Secretary of the Navy shall hold a public hearing on any
draft environmental impact statement published pursuant to
this section. Such hearing shall be held in the State of
California in order to receive public comments on the
alternatives and other matters included in such draft
environmental impact statement.
(c) Extensions or Renewals.--The Withdrawals established by
this title may not be extended or renewed except by an Act or
joint resolution of Congress.
SEC. 807. ONGOING DECONTAMINATION.
(a) Program.--Throughout the duration of the withdrawals
made by this title, the Secretary of the Navy, to the extent
funds are made available, shall maintain a program of
decontamination of lands withdrawn by this title at least at
the level of decontamination activities performed on such
lands in fiscal year 1986.
(b) Reports.--At the same time as the President transmits
to the Congress the President's proposed budget for the first
fiscal year beginning after the date of enactment of this
title and for each subsequent fiscal year, the Secretary of
the Navy shall transmit to the Committees on Appropriations,
Armed Services, and Energy and Natural Resources of the
United States Senate and to the Committees on Appropriations,
Armed Services, and Natural Resources of the United States
House of Representatives a description of the decontamination
efforts undertaken during the previous fiscal year on such
lands and the decontamination activities proposed for such
lands during the next fiscal year including--
(1) amounts appropriated and obligated or expended for
decontamination of such lands;
(2) the methods used to decontaminate such lands;
(3) amount and types of contaminants removed from such
lands;
(4) estimated types and amounts of residual contamination
on such lands; and
(5) an estimate of the costs for full contamination of such
lands and the estimate of the time to complete such
decontamination.
SEC. 808. REQUIREMENTS FOR RENEWAL.
(a) Notice and Filing.--(1) No later than three years prior
to the termination of the withdrawal and reservation
established by this title, the Secretary of the Navy shall
advise the Secretary as to whether or not the Secretary of
the Navy will have a continuing military need for any of the
lands withdrawn under section 802 after the termination date
of such withdrawal and reservation.
(2) If the Secretary of the Navy concludes that there will
be a continuing military need for any of such lands after the
termination date, the Secretary of the Navy shall file an
application for extension of the withdrawal and reservation
of such needed lands in accordance with the regulations and
procedures of the Department of the Interior applicable to
the extension of withdrawals of lands for military uses.
(3) If, during the period of withdrawal and reservation,
the Secretary of the Navy decides to relinquish all or any of
the lands withdrawn and reserved by this title, the Secretary
of the Navy shall file a notice of intention to relinquish
with the Secretary.
(b) Contamination.--(1) Before transmitting a notice of
intention to relinquish pursuant to subsection (a), the
Secretary of Defense, acting through the Department of the
Navy, shall prepare a written determination concerning
whether and to what extent the lands that are to be
relinquished are contaminated with explosive, toxic, or other
hazardous materials.
(2) A copy of such determination shall be transmitted with
the notice of intention to relinquish.
(3) Copies of both the notice of intention to relinquish
and the determination concerning the contaminated state of
the lands shall be published in the Federal Register by the
Secretary of the Interior.
(c) Decontamination.--If any land which is the subject of a
notice of intention to relinquish pursuant to subsection (a)
is contaminated, and the Secretary, in consultation with the
Secretary of the Navy, determines that decontamination is
practicable and economically feasible (taking into
consideration the potential future use and value of the land)
and that upon decontamination, the land could be opened to
operation of some or all of the public land laws, including
the mining laws, the Secretary of the Navy shall
decontaminate the land to the extent that funds are
appropriated for such purpose.
(d) Alternatives.--If the Secretary, after consultation
with the Secretary of the Navy, concludes that
decontamination of any land which is the subject of a notice
of intention to relinquish pursuant to subsection (a) is not
practicable or economically feasible, or that the land cannot
be decontaminated sufficiently to be opened to operation of
some or all of the public land laws, or if Congress does not
appropriate a sufficient amount of funds for the
decontamination of such land, the Secretary shall not be
required to accept the land proposed for relinquishment.
(e) Status of Contaminated Lands.--If, because of their
contaminated state, the Secretary declines to accept
jurisdiction over lands withdrawn by this title which have
been proposed for relinquishment, or if at the expiration of
the withdrawal made by this title the Secretary determines
that some of the lands withdrawn by this title are
contaminated to an extent which prevents opening such
contaminated lands to operation of the public lands law--
(1) the Secretary of the Navy shall take appropriate steps
to warn the public of the contaminated state of such lands
and any risks associated with entry onto such lands;
(2) after the expiration of the withdrawal, the Secretary
of the Navy shall undertake no activities on such lands
except in connection with decontamination of such lands; and
(3) the Secretary of the Navy shall report to the Secretary
and to the Congress concerning the status of such lands and
all actions taken in furtherance of this subsection.
(f) Revocation Authority.--Notwithstanding any other
provision of law, the Secretary, upon deciding that it is in
the public interest to accept jurisdiction over lands
proposed for relinquishment pursuant to subsection (a), is
authorized to revoke the withdrawal and reservation
established by this title as it applies to such lands. Should
the decision be made to revoke the withdrawal reservation,
the Secretary shall publish in the Federal Register an
appropriate order which shall--
(1) terminate the withdrawal and reservation;
(2) constitute official acceptance of full jurisdiction
over the lands by the Secretary; and
(3) state the date upon which the lands will be opened to
the operation of some or all of the public lands law,
including the mining laws.
SEC. 809. DELEGABILITY.
(a) Department of Defense.--The functions of the Secretary
of Defense or the Secretary of the Navy under this title may
be delegated.
(b) Department of the Interior.--The functions of the
Secretary under this title may be delegated, except that an
order described in section 807(f) may be approved and signed
only by the Secretary, the Under Secretary of the Interior,
or an Assistant Secretary of the Department of the Interior.
SEC. 810. HUNTING, FISHING, AND TRAPPING.
All hunting, fishing, and trapping on the lands withdrawn
by this title shall be conducted in accordance with the
provisions of section 2671 of title 10, United States Code.
SEC. 811. IMMUNITY OF UNITED STATES.
The United States and all departments or agencies thereof
shall be held harmless and shall not be liable for any injury
or damage to persons or property suffered in the course of
any geothermal leasing or other authorized nonmilitary
activity conducted on lands described in section 802 of this
title.
SEC. 812. EL CENTRO RANGES.
The Secretary is authorized to permit the Secretary of the
Navy to use until January 1, 1997, the approximately forty-
four thousand eight hundred and seventy acres of public lands
in Imperial County, California, known as the East Mesa and
West Mesa ranges, in accordance with the Memorandum of
Understanding dated June 29, 1987, between the Bureau of Land
Management, the Bureau of Reclamation, and the Department of
the Navy. All military uses of such lands shall cease on
January 1, 1997, unless authorized by a subsequent Act of
Congress.
TITLE IX--AUTHORIZATION OF APPROPRIATIONS
SEC. 901. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the National Park
Service and to the Bureau of Land Management to carry out
this Act an amount not to exceed $36,000,000 over and above
that provided in fiscal year 1994 for additional
administrative and construction costs over the fiscal year
1995-1999 period, and $300,000,000 for all land acquisition
costs. No funds in excess of these amounts may be used for
construction, administration, or land acquisition authorized
under this Act without a specific authorization in an Act of
Congress enacted after the date of enactment of this Act.
TITLE X--PROTECTION OF BODIE BOWL
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Bodie Protection Act of
1994''.
SEC. 1002. FINDINGS.
The Congress finds that--
(1) the historic Bodie gold mining district in the State of
California is the site of the largest and best preserved
authentic ghost town in the Western United States;
(2) the Bodie Bowl area contains important natural,
historical, and aesthetic resources;
[[Page 2375]]
(3) Bodie was designated as a National Historical Landmark
in 1961 and a California State Historic Park in 1962, is
listed on the National Register of Historic Places, and is
included in the Federal Historic American Buildings Survey;
(4) nearly 200,000 persons visit Bodie each year, providing
the local economy with important annual tourism revenues;
(5) the town of Bodie is threatened by proposals to explore
and extract minerals: mining in the Bodie Bowl area may have
adverse physical and aesthetic impacts on Bodie's historical
integrity, cultural values, and ghost town character as well
as on its recreational values and the area's flora and fauna;
(6) the California State Legislature, on September 4, 1990,
requested the President and the Congress to direct the
Secretary of the Interior to protect the ghost town
character, ambience, historic buildings, and scenic
attributes of the town of Bodie and nearby areas;
(7) the California State Legislature also requested the
Secretary, if necessary to protect the Bodie bowl area, to
withdraw the Federal lands within the area from all forms of
mineral entry and patent;
(8) the National Park Service listed Bodie as a priority
one endangered National Historic Landmark in its fiscal year
1990 and 1991 report to Congress entitled ``Threatened and
Damaged National Historic Landmarks'' and recommended
protection of the Bodie area; and
(9) it is necessary and appropriate to provide that all
Federal lands within the Bodie Bowl area are not subject to
location, entry, and patent under the mining laws of the
United States, subject to valid existing rights, and to
direct the Secretary to consult with the Governor of the
State of California before approving any mining activity plan
within the Bodie Bowl.
SEC. 1003. DEFINITIONS.
For the purposes of this title--
(1) The term ``Bodie Bowl'' means the Federal lands and
interests therein within the area generally depicted on the
map referred to in section 1004(a).
(2) The term ``mineral activities'' means any activity
involving mineral prospecting, exploration, extraction,
milling, beneficiation, processing, reclamation.
(3) The term ``Secretary'' means the Secretary of the
Interior.
SEC. 1004. APPLICABILITY OF MINERAL MINING, LEASING AND
DISPOSAL LAWS.
(a) Restriction.--Subject to valid existing rights, after
the date of enactment of this title Federal lands and
interests in lands within the area generally depicted on the
map entitled ``Bodie Bowl'' and dated June 12, 1992, shall
not be--
(1) open to the location of mining and mill site claims
under the general mining laws of the United States;
(2) subject to any lease under the Mineral Leasing Act (30
U.S.C. 181 and following) or the Geothermal Steam Act of 1970
(30 U.S.C. 100 and following), for lands within the Bodie
Bowl; and
(3) available for disposal of mineral materials under the
Act of July 31, 1947, commonly known as the Materials Act of
1947 (30 U.S.C. 601 and following).
Such map shall be on file and available for public inspection
in the Office of the Secretary, and appropriate offices of
the Bureau of Land Management and the National Park Service.
As soon as practicable after the date of enactment of this
title, the Secretary shall publish a legal description of the
Bodie Bowl area in the Federal Register.
(b) Valid Existing Rights.--As used in this section, the
term ``valid existing rights'' in reference to the general
mining laws means that a mining claim located on lands within
the Bodie Bowl was properly located and maintained under the
general mining laws prior to the date of enactment of this
title, was supported by a discovery of a valuable mineral
deposit within the meaning of the general mining laws on the
date of enactment of this title, and that such claim
continues to be valid.
(c) Validity Review.--The Secretary shall undertake an
expedited program to determine the validity of all unpatented
mining claims located within the Bodie Bowl. The expected
program shall include an examination of all unpatented mining
claims, including those for which a patent application has
not been filed. If a claim is determined to be invalid, the
Secretary shall promptly declare the claim to be null and
void, except that the Secretary shall not challenge the
validity of any claim located within the Bodie Bowl for the
failure to do assessment work for any period after the date
of enactment of this title. The Secretary shall make a
determination with respect to the validity of each claim
referred to under this subsection within two years after the
date of enactment of this title.
(d) Limitation on Patent Issuance.--
(1) Mining claims.--(A) After January 11, 1993, no patent
shall be issued by the United States for any mining claim
located under the general mining laws within the Bodie Bowl
unless the Secretary determines that, for the claim
concerned--
(i) a patent application was filed with the Secretary on or
before such date; and
(ii) all requirements established under sections 2325 and
2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein
or lode claims and sections 2329, 2330, 2331, and 2333 of the
Revised Statutes (30 U.S.C. 35, 36, 37) for placer claims
were fully complied with by that date.
(B) If the Secretary makes the determinations referred to
in subparagraph (A) for any mining claim, the holder of the
claim shall be entitled to the issuance of a patent in the
same manner and degree to which such claim holder would have
been entitled to prior to the enactment of this title, unless
and until such determinations are withdrawn or invalidated by
the Secretary or by a court of the United States.
(2) Mill site claims.--(A) After January 11, 1993, no
patent shall be issued by the United States for any mill site
claim located under the general mining laws within the Bodie
Bowl unless the Secretary determines that, for the claim
concerned--
(i) a patent application was filed with the Secretary on or
before January 11, 1993; and
(ii) all requirements applicable to such patent application
were fully complied with by that date.
(B) If the Secretary makes the determinations referred to
in subparagraph (A) for any mill site claim, the holder of
the claim shall be entitled to the issuance of a patent in
the same manner and degree to which such claim holder would
have been entitled to prior to the enactment of this title,
unless and until such determinations are withdrawn or
invalidated by the Secretary or by a court of the United
States.
SEC. 1005. MINERAL ACTIVITIES.
(a) In General.--Notwithstanding the last sentence of
section 302(b) of the Federal Land Policy and Management Act
of 1976, and in accordance with this title and other
applicable law, the Secretary shall require that mineral
activities be conducted in the Bodie Bowl so as to--
(1) avoid adverse effects on the historic cultural,
recreational, and natural resource values of the Bodie Bowl;
and
(2) minimize other adverse impacts to the environment.
(b) Restoration of Effects of Mining Exploration.--As soon
as possible after the date of enactment of this Act, visible
evidence or other effects of mining exploration activity
within the Bodie Bowl conducted on or after September 1,
1988, shall be reclaimed by the operator in accordance with
regulations prescribed pursuant to subsection (d).
(c) Annual Expenditures; Filing.--The requirements for
annual expenditures on unpatented mining claims imposed by
Revised Statute 2324 (30 U.S.C. 28) shall not apply to any
such claim located within the Bodie Bowl. In lieu of filing
the affidavit of assessment work referred to under section
314(a)(1) of the Federal land Policy and Management Act of
1976 (43 U.S.C. 1744(a)(1)), the holder of any unpatented
mining or mill site claim located within the Bodie Bowl shall
only be required to file the notice of intention to hold the
mining claim referred to in such section 314(a)(1).
(d) Regulations.--The Secretary shall promulgate rules to
implement this section, in consultation with the Governor of
the State of California, within 180 days after the date of
enactment of this title. Such rules shall be no less
stringent that the rules promulgated pursuant to the Act of
September 28, 1976 entitled ``An Act to provide for the
regulation of mining activity within, and to repeal the
application of mining laws to, areas of the National Park
System, and for other purposes'' (Public Law 94-429; 16
U.S.C. 1901-1912).
SEC. 1006. STUDY.
Beginning as soon as possible after the date of enactment
of this title, the Secretary shall review possible actions to
preserve the scenic character, historical integrity, cultural
and recreational values, flora and fauna, and ghost town
characteristics of lands and structures within the Bodie
Bowl. No later than 3 years after the date of such enactment,
the Secretary shall submit to the Committee on Energy and
Natural Resources of the United States Senate and the
Committee on Natural Resources of the United States House of
Representatives a report that discusses the results of such
review and makes recommendations as to which steps (including
but not limited to acquisition of lands or valid mining
claims) should be undertaken in order to achieve these
objectives.
SEC. 1007. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out this title.
TITLE XI-- LOWER MISSISSIPPI DELTA REGION INITIATIVES
SEC. 1101. FINDINGS.
The Congress finds that--
(1) in 1988, Congress enacted Public Law 100-460,
establishing the Lower Mississippi Delta Development
Commission, to assess the needs, problems, and opportunities
of people living in the Lower Mississippi Delta Region that
includes 219 counties and parishes within the States of
Arkansas, Illinois, Kentucky, Louisiana, Mississippi,
Missouri, and Tennessee;
(2) the Commission conducted a thorough investigation to
assess these needs, problems, and opportunities, and held
several public hearings throughout the Delta Region;
(3) on the basis of these investigations, the Commission
issued the Delta Initiatives Report, which included
recommendations on natural resource protection, historic
preservation, and the enhancement of educational and other
opportunities for Delta residents;
(4) the Delta Initiatives Report recommended--
(A) designating the Great River Road as a scenic byway, and
designating other hiking
[[Page 2376]]
and motorized trails throughout the Delta Region;
(B) that the Federal Government identify sites and
structures of historic and prehistoric importance throughout
the Delta Region;
(C) the further study of potential new units of the
National Park System within the Delta Region; and
(D) that Federal agencies target more monies in selected
areas to institutions of higher education in the Delta
Region, especially Historically Black Colleges and
Universities.
SEC. 1102. DEFINITIONS.
As used in this title, the term--
(1) ``Commission'' means the Lower Mississippi Delta
Development Commission established pursuant to Public Law
100-460;
(2) ``Delta Initiatives Report'' means the May 14, 1990
Final Report of the Commission entitled ``The Delta
Initiatives: Realizing the Dream * * * Fulfilling the
Potential'';
(3) ``Delta Region'' means the Lower Mississippi Delta
Region including the 219 counties and parishes within the
States of Arkansas, Illinois, Kentucky, Louisiana,
Mississippi, Missouri, and Tennessee, as defined in the Delta
Initiatives Report, except that, for any State for which the
Delta Region as defined in such report comprises more than
half of the geographic area of such State, the entire State
shall be considered part of he Delta Region for purposes of
this title;
(4) ``Department'' means the United States Department of
the Interior, unless otherwise specifically stated;
(5) ``Historically Black College or University'' means a
college or university that would be considered a ``part B
institution'' by section 322(2) of the Higher Education Act
of 1965 (20 U.S.C. 1061(2));
(6) ``minority college or university'' means a Historically
Black College or University that would be considered a ``part
B institution'' by section 322(2) of the Higher Education Act
of 1965 (20 U.S.C. 1061(2)) or a ``minority institution'' as
that term is defined in section 1046 of the Higher Education
Act of 1965 (20 U.S.C. 1135d-5(3));
(7) ``Secretary'' means the Secretary of the Interior,
unless otherwise specifically stated.
SEC. 1103. LOWER MISSISSIPPI DELTA REGION HERITAGE STUDY.
(a) In General.--The Secretary, in consultation with the
States of the Delta Region, the Lower Mississippi Delta
Development Center, and other appropriate Delta Region
institutions, is directed to prepare and transmit to the
Congress within three years after the date of the enactment
of this title, a study of significant natural, recreational,
historical or prehistorical, and cultural lands, waters,
sites, and structures located within the Delta Region. This
study shall take into consideration the research and
inventory of resources conducted by the Mississippi River
Heritage Corridor Study Commission.
(b) Transportation Routes.--(1) The study shall include
recommendations on appropriate designation and interpretation
of historically significant roads, trails, byways, waterways,
or other routes within the Delta Region.
(2) In order to provide for public appreciation, education,
understanding, interpretation, and enjoyment of the
significant sites identified pursuant to subsection (a),
which are accessible by public roads, the Secretary shall
recommend in the study vehicular tour routes along existing
public roads linking such sites within the Delta Region.
(3) Such recommendations shall include an analysis of
designating the Great River Road (as depicted on the map
entitled ``Proposed Delta Transportation Network'' on pages
102-103 of the Delta Initiatives Report) and other sections
of the Great River Road between Baton Rouge and New Orleans,
Louisiana and an analysis of designating that portion of the
Old Antonio Road and the Louisiana Natchez Trace which
extends generally along Highway 84 from Vidalia, Louisiana,
to Clarence, Louisiana, and Louisiana Highway 6 from
Clarence, Louisiana, to the Toledo Bend Reservoir, Louisiana,
as a National Scenic Byway, or as a component of the National
Trails System, or such other designation as the Secretary
deems appropriate.
(4) The Secretary shall also recommend in the study an
appropriate route along existing public roads to commemorate
the importance of timber production and trade to the economic
development of the Delta Region in the early twentieth
century, and to highlight the continuing importance of timber
production and trade to the economic life of the Delta
Region. Recommendations shall include an analysis of
designating that portion of US 165 which extends from
Alexandria, Louisiana, to Monroe, Louisiana, as a National
Scenic Byway, or as a component of the national Trails
System, or such other designation as the Secretary deems
appropriate.
(5) The study shall also include a comprehensive
recreation, interpretive, and visitor use plan for the routes
described in the above paragraphs, including bicycle and
hiking paths, and make specific recommendations for the
acquisition and construction or related interpretive and
visitor information facilities at selected sites along such
routes.
(6) The Secretary is authorized to make grants to States
for work necessary to stabilize, maintain, and widen public
roads to allow for adequate access to the nationally
significant sites and structures identified by the study, to
allow for proper use of the vehicular tour route, trails,
byways, including the routes defined in paragraphs (3) and
(4) or other public roads within the Delta Region and to
implement the comprehensive recreation, interpretive, and
visitor use plan required in paragraph (5).
(c) Listing.--On the basis of the study, and in
consultation with the National Trust for Historic
Preservation, the Secretary shall inventory significant
structures and sites in the Delta Region. The Secretary shall
further recommend and encourage cooperative preservation and
economic development efforts such as the establishment of
preservation districts linking groups of contiguous counties
or parishes, especially those that lie along the
aforementioned designated routes. The Secretary shall prepare
a list of the sites and structures for possible inclusion by
the National Park Service as National Historic Landmarks or
such other designation as the Secretary deems appropriate.
SEC. 1105. DELTA REGION HERITAGE CORRIDORS AND HERITAGE AND
CULTURAL CENTERS.
(a) Findings.--The Congress finds that--
(1) in 1990, the Congress authorized the Institute of
Museum Services to prepare a report assessing the needs of
small, emerging, minority, and rural museums in order to
identify the resources such museums needed to meet their
educational mission, to identify the areas of museum
operation in which the needs were greatest, and to make
recommendations on how these needs could best be met;
(2) the Institute of Museum Services undertook a
comprehensive eighteen month study of such needs with the
assistance of two advisory groups, surveyed 524 museums from
throughout the Nation, held discussion groups in which
representatives of 25 museum groups participated, and
conducted case studies of 12 museum facilities around the
Nation;
(3) on the basis of this assessment, the Institute of
Museum Services issued a report in September, 1992, entitled,
``National Needs Assessment of Small, Emerging, Minority and
Rural Museums in the United States'' (hereinafter ``National
Needs Assessment'') which found that small, emerging,
minority, and rural museums provide valuable educational and
cultural resources for their communities and contain a
reservoir of the Nation's material, cultural and historical
heritage, but due to inadequate resources are unable to meet
their full potential or the demands of the surrounding
communities;
(4) the needs of these institutions are not being met
through existing Federal programs;
(5) fewer than half of the participants in the survey had
applied for Federal assistance in the past two years and that
many small, emerging, minority and rural museums believe
existing Federal programs do not meet their needs;
(6) based on the National Needs Assessment, that funding
agencies should increase support available to small,
emerging, minority, and rural museums and make specific
recommendations for increasing technical assistance in order
to identify such institutions and provide assistance to
facilitate their participation in Federal programs;
(7) the Delta Initiatives Report made specific
recommendations for the creation and development of centers
for the preservation of the cultural, historical, and
literary heritage of the Delta Region, including
recommendations for the establishment of a Delta Region
Native American Heritage and Cultural Center and a Delta
Region African American Heritage and Cultural Center with
additional satellite centers or museums linked throughout the
Delta Region;
(8) the Delta Initiatives Report stated that new ways of
coordinating, preserving, and promoting the Delta Region's
literature, art, and music should be established including
the creation of a network to promote the Delta Region's
literary, artistic, and musical heritage; and
(9) wholesale destruction and attrition of archeological
sites and structures has eliminated a significant portion of
Native American Heritage as well as the interpretive
potential of the Delta Region's parks and museums.
Furthermore, site and structure destruction is so severe that
an ambitious program of site and structure acquisition in the
Delta Region is necessary.
(b) In General.--The Secretary, in consultation with the
States of the Delta Region, the Chairman of the National
Endowment for the Arts, the Chairman of the National
Endowment for the Humanities, the Director of the Smithsonian
Institution, the Lower Mississippi Delta Development Center,
Historically Black Colleges and Universities, and appropriate
African American, Native American and other relevant
institutions or organizations in the Delta Region, is further
directed to prepare and transmit to the Congress a plan
outlining specific recommendations, including recommendations
for necessary funding, for the establishment of a Delta
Region Native American Heritage Corridor and Heritage and
Cultural Center and a Delta Region African American Heritage
Corridor and Heritage and Cultural Center with a network of
satellite or cooperative units.
(c) Delta Region Native American Heritage Corridor and
Cultural Center.--(1) the plan referred to in subsection (b)
of this section shall include recommendations for
establishing a network of parks, museums, and other centers
to interpret Native American culture and heritage in the
Delta Region, including a ten year development strategy for
such a network.
(2) Such plan shall include specific proposals for the
development of a Native American Heritage Corridor and
Heritage and Cul-
[[Page 2377]]
tural Center in the Delta Region, along with recommendations
for the appropriate Federal role in such a center including
matching grants, technical and interpretive assistance.
(3) Such plan shall be conducted in consultation with
tribal leaders in the Delta Region.
(4) Such plan shall also include specific proposals for
educational and training assistance for Delta Region Native
Americans to carry out the recommendations provided in the
study.
(d) Delta Region African American Heritage Corridor and
Heritage and Cultural Center.--(1) The plan referred to in
subsection (b) of this section shall include recommendations
for establishing a heritage corridor or trail system,
consisting of one or two major north-south routes and several
east-west-spur loops to preserve, interpret and commemorate
the African American heritage and culture in the Delta Region
during all significant historical periods.
(2) Such plan shall make specific recommendations for
representing all forms of expensive culture including the
musical, folklore, literary, artistic, scientific,
historical, educational, and political contributions and
accomplishments of African Americans in the Delta Region.
(3) Such plan shall make specific recommendations for
implementing the findings of the Delta Initiatives Report
with respect to establishing an African American Heritage
Corridor and Heritage and Cultural Center and related
satellite museums in the Delta Region, together with specific
funding levels necessary to carry out these recommendations
and shall also include recommendations for improving access
of small, emerging, minority or rural museums to technical
and financial assistance.
(4) Such plan shall be conducted in consultation with
institutions of higher education in the Delta Region with
expertise in African American studies, Southern studies,
archaeology, anthropology, history and other relevant fields.
(5) Such plan shall make specific recommendations for
improving educational programs offered by existing cultural
facilities and museums as well as establishing new outreach
programs for elementary, middle and secondary schools,
including summer programs for youth in the Delta Region.
(e) Grants.--(1) In furtherance of the purposes of this
section, the Secretary is authorized to make planning grants
to State Humanities Councils in the Delta Region to assist
small, emerging, minority and rural museums selected on a
financial needs basis in the development of a comprehensive
long term plan for these institutions. The Secretary is also
authorized to make implementation grants to State Humanities
Councils in the Delta Region who, in consultations with State
museum Associations, shall make grants to small, emerging,
minority or rural museums for the purpose of carrying out an
approved plan for training personnel, improving exhibits or
other steps necessary to assure the integrity of collections
in their facilities, for educational outreach programs, or
for other activities the Secretary deems appropriate
including the promotion of tourism in the region. Such
institutions shall be selected competitively and on the basis
of demonstrated financial need. The Secretary is also
authorized to make grants to State Humanities Councils to
update, simplify and coordinate the respective State Works
Progress Administration guides and to develop a single
comprehensive guide for the Delta Region.
(2) The Secretary is authorized to provide grants and other
appropriate technical assistance to State Humanities
Councils, State museum Associations, and State Arts Councils
in the Delta Region for the purpose of assessing the needs of
such institutions. Such grants may be used by these
institutions to undertake such an assessment and to provide
other technical, administrative and planning assistance to
small, emerging, minority or rural institutions seeking to
preserve the Delta Region's literary, artistic, and musical
heritage.
(f) Music Heritage Program.--(1) The plan referred to in
subsection (b) of this section shall include recommendations
for establishing a Music Heritage Program, with specific
emphasis on the Mississippi Delta Blues. The plan shall
include specific recommendations for developing a network of
heritage sites, structures, small museums, and festivals in
the Delta Region.
(2) The plan shall include an economic strategy for the
promotion of the Delta Region's music, through the
participation of musicians, festival developers, museum
operators, universities, economic development districts, and
other relevant individuals and organizations.
(g) Completion Date.--The plan authorized in this section
shall be completed not later than three years after the date
funds are made available for such plan.
SEC. 1106. HISTORIC AND PREHISTORIC STRUCTURES AND SITES
SURVEY.
(a) Assistance.--The Secretary is authorized to provide
technical and financial assistance to Historically Black
Colleges and Universities to undertake a comprehensive survey
of historic and prehistoric structures and sites located on
their campuses, including recommendations as to the inclusion
of appropriate structures and sites on the National Register
of Historic Places, designation as National Historic
Landmarks, or other appropriate designation as determined by
the Secretary. The Secretary shall also make specific
proposals and recommendations, together with estimates of
necessary funding levels, for a comprehensive plan to be
carried out by the Department to assist Historically Black
Colleges and Universities in the preservation and
interpretation of such sites and structures.
(b) GRANTS.--In furtherance of the purposes of this
section, the Secretary is authorized to provide technical and
financial assistance to Historically Black Colleges and
Universities for stabilization, preservation and
interpretation of such sites and structures.
SEC. 1107. DELTA ANTIQUITIES SURVEY.
(a) In General.--(1) The Secretary is directed to prepare
and transmit to the Congress, in cooperation with the States
of the Delta Region, State Archeological Surveys and Regional
Archeological Centers, a study of the feasibility of
establishing a Delta Antiquities Trail or Delta Antiquities
Heritage Corridor in the Delta Region.
(2) Such study shall, to the extent practicable, use
nonintrusive methods of identifying, surveying, inventorying,
and stabilizing ancient archeological sites and structures.
(3) In undertaking this study, the Secretary is directed to
enter into cooperative agreements with the States of the
Delta Region, the State Archeological Surveys, and Regional
Archeological Centers located in Delta Region institutions of
higher education for on-site activities including surveys,
inventories, and stabilization and other activities which the
Secretary deems appropriate.
(4) In addition to the over 100 known ancient archeological
sites located in the Delta Region including Watson's Brake,
Frenchman's Bend, Hedgepeth, Monte Sano, Banana Bayou,
Hornsby, Parkin, Toltec, Menard-Hodges, Eaker, Blytheville
Mound, Nodena, Taylor Mounds, DeSoto Mound and others, such
study shall also employ every practical means possible,
including assistance from the National Aeronautics and Space
Administration, the Forest Service and Soil Conservation
Service of the Department of Agriculture, the Army Corps of
Engineers of the Department of Defense, and other appropriate
Federal agencies, to locate and confirm the existence of a
site known as Balbansha in southern Louisiana and a site
known as Autiamque in Arkansas. The heads of these Federal
agencies shall cooperate with the Secretary as the Secretary
requires on a non-reimbursable basis.
(b) Technical Assistance.--In furtherance of the purposes
of this section, the Secretary is authorized to provide
technical assistance and grants to private landowners for
necessary stabilization activities of identified sites and
for preparing recommendations for designating such sites as
national landmarks or other appropriate designations as the
Secretary, with the concurrence of the landowners, determines
to be appropriate.
(c) Cooperative Agreements.--The Secretary is authorized to
enter into cooperative agreements with the States, State
Archeological Surveys, and Regional Archeological Centers of
the Delta Region to develop a ten-year plan for the
stabilization, preservation and interpretation of those sites
and structures as may be identified by the Secretary.
SEC. 1108. HISTORIC AND ARCHEOLOGICAL RESOURCES PROGRAM.
(a) Program.--The Secretary shall conduct a comprehensive
program for the research, interpretation, and preservation of
significant historic and archeological resources in the Delta
Region.
(b) Elements of the Program.--The program shall include,
but not be limited to--
(1) identification of research projects related to historic
and archeological resources in the Delta Region and a
proposal for the regular publication of related research
materials and publications;
(2) the development of a survey program to investigate,
inventory and further evaluate known historic and
archeological sites and structures and identify those sites
and structures that require additional study;
(3) identification of a core system of interpretive sites
and structures that would provide a comprehensive overview of
historic and archeological resources of the Delta Region;
(4) preparation of educational materials to interpret the
historical and archeological resources of the Delta Region;
(5) preparation of surveys and archeological and historical
investigations of sites, structures, and artifacts relating
to the Delta Region, including the preparation of reports,
maps, and other related activities.
(c) Grants and Technical Assistance.--(1) The Secretary is
authorized to award grants to qualified tribal, governmental
and non-governmental entities and individuals to assist the
Secretary in carrying out those elements of the program which
the Secretary deems appropriate.
(2) The Secretary is further authorized to award grants and
provide other types of technical and financial assistance to
such entities and individuals to conserve and protect
historic and archeological sites and structures in the Delta
Region identified in the program prepared pursuant to this
section.
(d) Demonstration Project.--The Secretary shall establish a
national demonstration project for the conservation and
curation of the archeological records and collections of
Federal and State management agencies in the Delta Region.
SEC. 1109. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this title.
[[Page 2378]]
TITLE XII--NEW ORLEANS JAZZ NATIONAL HISTORICAL PARK
SEC. 1201. SHORT TITLE.
This title may be cited as the ``New Orleans Jazz National
Historical Park Act of 1994''.
SEC. 1202. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that:
(1) Jazz is the United States' most widely recognized
indigenous music and art form. Congress previously recognized
jazz in 1987 through Senate Concurrent Resolution 57 as a
rare and valuable national treasure of international
importance.
(2) The city of new Orleans is widely recognized as the
birthplace of jazz. In and around this city, cultural and
musical elements blended to form the unique American music
that is known as New Orleans jazz, which is an expression of
the cultural diversity of the lower Mississippi Delta Region.
(3) Jean Lafitte National Historical Park and Preserve was
established to commemorate the cultural diversity of the
lower Mississippi Delta Region including a range of cultural
expressions like jazz.
(b) Purpose.--In furtherance of the need to recognize the
value and importance of jazz, it is the purpose of this title
to establish a New Orleans Jazz National Historical Park to
preserve the origins, early history, development and
progression of jazz; provide visitors with opportunities to
experience the sights, sounds, and places where jazz evolved;
and implement innovative ways of establishing jazz
educational partnerships that will help to ensure that jazz
continues as a vital element of the culture of New Orleans
and our Nation.
SEC. 1203. ESTABLISHMENT.
(a) In General.--In order to assist in the preservation,
education, and interpretation of jazz as it has evolved in
New Orleans, and to provide technical assistance to a broad
range of organizations involved with jazz music and its
history, there is hereby established the New Orleans Jazz
National Historical Park (hereinafter referred to as the
``historical park''). The historical park shall be
administered in conjunction with the Jean Lafitte National
Historical Park and Preserve, which was established to
preserve and interpret the cultural and natural resources of
the lower Mississippi Delta Region.
(b) Area Included.--The historical park shall consist of
lands and interests therein as follows:
(1) Lands which the Secretary of the Interior (hereinafter
referred to as ``the Secretary'') may designate for an
interpretive visitor center complex.
(2) Sites that are the subject of cooperative agreements
with the National Park Service for the purposes of
interpretive demonstrations and programs associated with the
purposes of this title.
(3)(A) Sites designated by the Secretary as provided in
subparagraph (B).
(B)(i) No later than 18 months after the date of enactment
of this title, the Secretary is directed to complete a
national historic landmark evaluation of sites associated
with jazz in and around New Orleans as identified in the
document entitled ``New Orleans Jazz Special Resources
Study'', prepared by the National Park Service pursuant to
Public Law 101-499. In undertaking the evaluation, the
Secretary shall, to the extent practicable, utilize existing
information relating to such sites.
(ii) If any of the sites evaluated are found to meet the
standards of the National Historic Landmark program and
National Park Service tests of suitability and feasibility,
and offer outstanding opportunities to further the purposes
of this title, the Secretary may designate such sites as part
of the historical park, following consultation with the
owners of such sites, the city of New Orleans, the
Smithsonian Institution, and the New Orleans Jazz Commission,
and notification to the Committee on Energy and Natural
Resources of the United States Senate and the Committee on
Natural Resources of the United States House of
Representatives.
SEC. 1204. ADMINISTRATION.
(a)(1) In General.--The Secretary shall administer the
historical park in accordance with this title and with
provisions of law generally applicable to units of the
National Park System, including the Act entitled ``An Act to
establish a National Park Service, and for other purposes'',
approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2-4);
and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-
467). The Secretary shall manage the historical park in such
a manner as will preserve and perpetuate knowledge and
understanding of the history of jazz and its continued
evolution as a true American art form.
(2) To minimize operational costs associated with the
management and administration of the historical park and to
avoid duplication of effort, the Secretary shall, to the
maximum extent practicable, utilize the facilities,
administrative staff and other services of the Jean Lafitte
National Historical Park and Preserve.
(b) Donations.--The Secretary may accept and retain
donations of funds, property, or services from individuals,
foundations, corporations, or other public entities for the
purposes of providing services, programs, and facilities that
further the purposes of this title.
(c) Interpretive Center.--The Secretary is authorized to
construct, operate, and maintain an interpretive center in
the historical park on lands identified by the Secretary
pursuant to section 1203(b)(1). Programs at the center shall
include, but need not be limited to, live jazz interpretive
and educational programs, and shall provide visitors with
information about jazz-related programs, performances, and
opportunities.
(d) Jazz Heritage Districts.--The Secretary may provide
technical assistance to the city of New Orleans and other
appropriate entities for the designation of certain areas in
and around New Orleans as jazz heritage districts. Such
districts shall include those areas with an exceptional
concentration of jazz historical sites and established
community traditions of jazz street parades.
(e) Cooperative Agreements, Grants and Technical
Assistance.--In furtherance of the purposes of this title--
(1) the Secretary, after consultation with the New Orleans
Jazz Commission established pursuant to section 1107, is
authorized to enter into cooperative agreements with owners
of properties that are designated pursuant to section
1203(b)(3) which provide outstanding educational and
interpretive opportunities relating to the evolution of jazz
in New Orleans. The Secretary may assist in rehabilitating,
restoring, marking, and interpreting and may provide
technical assistance for the preservation and interpretation
of such properties. Such agreements shall contain, but need
not be limited to, provisions that the National Park Service
will have reasonable rights of access for operational and
visitor use needs, that rehabilitation and restoration will
meet the Secretary's standards for rehabilitation of historic
buildings, and that specify the roles and responsibilities of
the Secretary for each site or structure;
(2) the Secretary is authorized to enter into cooperative
agreements with the city of New Orleans, the State of
Louisiana, and other appropriate public and private
organizations under which the other parties to the agreement
may contribute to the acquisition, construction, operation,
and maintenance of the interpretive center and to the
operation of educational and interpretive programs to further
the purposes of this title; and
(3) the Secretary, in consultation with the New Orleans
Jazz Commission, is authorized to provide grants or technical
assistance to public and private organizations.
(f) Jazz Educational Programs.--The Secretary shall, in the
administration of the historical park, promote a broad range
of educational activities relating to jazz and its history.
The Secretary shall cooperate with schools, universities, and
organizations supporting jazz education to develop
educational programs that provide expanded public
understanding of jazz and enhanced opportunities for public
appreciation. The Secretary may assist appropriate entities
in the development of an information base including archival
material, audiovisual records, and objects that relate to the
history of jazz.
SEC. 1205. ACQUISITION OF PROPERTY.
(a) General Authority.--The Secretary may acquire lands and
interests therein within the sites designated pursuant to
section 1203(b) (1) and (3) by donation or purchase with
donated or appropriated funds or long term lease: Provided,
That sites designated pursuant to section 1203(b)(3) shall
only be acquired with the consent of the owner thereof.
(b) State and Local Properties.--Lands and interests in
lands which are owned by the State of Louisiana, or any
political subdivision thereof, may be acquired only by
donation.
SEC. 1206. GENERAL MANAGEMENT PLAN.
Within three years after the date funds are made available
therefor and concurrent with the national landmark study
referenced in section 1203(b)(3), the Secretary, in
consultation with the New Orleans Jazz Commission, shall
prepare a general management plan for the historical park.
The plan shall include, but need not be limited to--
(1) a visitor use plan indicating programs and facilities
associated with park programs that will be made available to
the public;
(2) preservation and use plans for any structures and sites
that are identified through the historic landmark study for
inclusion within the historical park;
(3) the location and associated cost of public facilities
that are proposed for inclusion within the historical park,
including a visitor center;
(4) identification of programs that the Secretary will
implement or be associated with through cooperative
agreements with other groups and organizations;
(5) a transportation plan that addresses visitor use access
needs to sites, facilities, and programs central to the
purpose of the historical park;
(6) plans for the implementation of an archival system for
materials, objects, and items of importance relating to the
history of jazz; and
(7) guidelines for the application of cooperative
agreements that will be used to assist in the management of
historical park facilities and programs.
SEC. 1207. ESTABLISHMENT OF THE NEW ORLEANS JAZZ COMMISSION.
(a) Establishment.--To assist in implementing the purposes
of this title and the document entitled ``New Orleans Jazz
Special Resource Study'', there is established the New
Orleans Jazz Commission (hereinafter referred to as the
``Commission'').
(b) Membership.--The Commission shall consist of 17 members
to be appointed no later than six months after the date of
enactment of this title. The Commission shall be appointed by
the Secretary as follows:
(1) One member from recommendations submitted by the Mayor
of New Orleans.
[[Page 2379]]
(2) Two members who have recognized expertise in music
education programs that emphasize jazz.
(3) One member, with experience in and knowledge of tourism
in the greater New Orleans area, from recommendations
submitted by local businesses.
(4) One member from recommendations submitted by the Board
of the New Orleans Jazz and Heritage Foundation.
(5) One member, with experience in and knowledge of
historic preservation within the New Orleans area.
(6) Two members, one from recommendations submitted by the
Secretary of the Smithsonian Institution and one member from
recommendations submitted by the Chairman of the National
Endowment of the Arts, who are recognized musicians with
knowledge and experience in the development of jazz in New
Orleans.
(7) Two members, one from recommendations submitted by the
Secretary of the Smithsonian Institution and one member from
recommendations submitted by the Director of the Louisiana
State Museum with recognized expertise in the interpretation
of jazz history or traditions related to jazz in New Orleans.
(8) Two members who represent local neighborhood groups or
other local associations; from recommendations submitted by
the Mayor of New Orleans.
(9) One member representing local mutual aid and benevolent
societies as well as local social and pleasure clubs, from
recommendations submitted by the Board of the New Orleans
Jazz and Heritage Foundation.
(10) One member from recommendations submitted by the
Governor of the State of Louisiana, who shall be a member of
the Louisiana State Music Commission.
(11) One member representing the New Orleans Jazz Club from
recommendations submitted by the club.
(12) One member who is a recognized local expert on the
history, development and progression of jazz in New Orleans
and is familiar with existing archival materials from
recommendations submitted by the Librarian of congress.
(13) The Director of the National Park Service, or the
Director's designee, ex officio.
(c) Duties of the Commission.--The Commission shall--
(1) advise the Secretary in the preparation of the general
management plan for the historical park; assist in public
discussions of planning proposals; and assist the National
Park Service in working with individuals, groups, and
organizations including economic and business interests in
determining programs in which the Secretary should
participate through cooperative agreement;
(2) in consultation and cooperation with the Secretary,
develop partnerships with educational groups, schools,
universities, and other groups to furtherance of the purposes
of this tile;
(3) in consultation and cooperation with the Secretary,
develop partnerships with city-wide organizations, and raise
and disperse funds for programs that assist mutual aid and
benevolent societies, social and pleasure clubs and other
traditional groups in encouraging the continuation of and
enhancement of jazz cultural traditions;
(4) acquire or lease property for jazz education, and
advise on hiring brass bands and musical groups to
participate in education programs and help train young
musicians;
(5) in consultation and cooperation with the Secretary,
provide recommendations for the location of the visitor
center and other interpretive sites;
(6) assist the Secretary in providing funds to support
research on the origins and early history of jazz in New
Orleans; and
(7) notwithstanding any other provision of law, seek and
accept donations of funds, property, or services from
individuals, foundations, corporations, or other public or
private entities and expend and use the same for the purposes
of providing services, programs, and facilities for jazz
education, or assisting in the rehabilitation and restoration
of structures identified in the national historic landmark
study referenced in section 1203(b)(3) as having outstanding
significance to the history of jazz in New Orleans.
(d) Appointment.--Members of the Commission shall be
appointed for staggered terms of 3 years, as designated by
the Secretary at the time of the initial appointment.
(e) Chairman.--The Commission shall elect a chairman from
among its members. The term of the chairman shall be for 3
years.
(f) Terms.--Any member of the Commission appointed by the
Secretary for a 3-year term may serve after the expiration of
his or her term until a successor is appointed. Any vacancy
shall be filled in the same manner in which the original
appointment was made. Any member appointed to fill a vacancy
shall serve for the remainder of the term for which the
predecessor was appointed.
(g) Per Diem Expenses.--Members of the Commission shall
serve without compensation. Members shall be entitled to
travel expenses under section 5703, title 5, United States
Code, when engaged in Commission business, including per diem
in lieu of subsistence in the same manner as persons employed
intermittently.
(h) Administrative Support.--The Secretary shall provide
the Commission with assistance in obtaining such personnel,
equipment, and facilities as may be needed by the Commission
to carry out its duties.
(i) Annual Report.--The Commission shall submit an annual
report to the Secretary identifying its expenses and income
and the entities to which any grants or technical assistance
were made during the year for which the report is made.
SEC. 1208. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out this title.
And the House agree to the same.
That the Senate recede from its disagreement to the
amendment of the House to the title of the bill and agree to
the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the House
amendment to the title of the bill insert the following: ``An
Act to designate certain lands in the California Desert as
wilderness, to establish the Death Valley and Joshua Tree
National Parks, to establish the Mojave National Preserve,
and for other purposes.''.
And the House agree to the same.
From the Committee on Natural Resources, for consideration of
the Senate bill, and the House amendment, and modifications
committed to conference:
George Miller,
Bruce Vento,
Rick Lehman,
Bill Richardson,
Sam Farr,
Nick Rahall,
As additional conferees from the Committee on Armed Services,
for consideration of title VIII of the Senate bill, and title
VIII of the House amendment, and modifications committed to
conference:
Ronald V. Dellums,
As additional conferees from the Committee on Education and
Labor, for consideration of sections 901-04, 906, and 907 of
the Senate bill, and modifications committed to conference:
William L. Clay,
As additional conferees from the Committee on Merchant Marine
and Fisheries, for consideration of title II, sections
103(e), 103(f), and 805(a)(2)(B) of the Senate bill, and
sections 111, 113 and 804(a)(2)(B) of the House amendment,
and modifications committed to conference:
Gerry Studds,
Lynn Schenk,
As additional conferees from the Committee on Public Works
and Transportation, for consideration of sections 901, 905
and 906 of the Senate bill, and modifications committed to
conference:
Norman Y. Mineta,
Robert E. Wise, Jr.,
Managers on the Part of the House.
From the Committee on Energy and Natural Resources, for
consideration of the Senate bill, and the House amendment,
and modifications committed to conference:
J. Bennett Johnston,
Dale Bumpers,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
On motion of Mr. MILLER of California, the previous question was
ordered on the conference report to its adoption or rejection and, under
the operation thereof, the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 121.35 correct enrollment--s. 21
Mr. THOMAS of California, by unanimous consent, submitted the
following concurrent resolution (H. Con. Res. 313):
Resolved by the House of Representatives (the Senate
concurring, That in the enrollment of the bill (S. 21) to
designate certain lands in the California desert as
wilderness, to establish Death Valley, Joshua Tree, and
Mojave National Parks, and for other purposes, the Secretary
of the Senate shall make the following correction:
In the second sentence of section 102(1), strike
``fifteen'' and insert ``twenty''.
When said concurrent resolution was considered and agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
Para. 121.36 further message from the senate
A further message from the Senate by Mr. Hallen, one of its clerks,
announced that the Senate had passed with amendments in which the
concurrence of the House is requested, bills of the House of the
following titles:
H.R. 4307. An Act to amend title 35, United States Code,
with respect to applications for process patents, and for
certain other purposes.
H.R. 4545. An Act to amend the rail safety provisions of
title 49, United States Code, and for other purposes.
H.R. 5123. An Act to make a technical correction to an Act
preempting State economic regulation of motor carriers.
The message also announced that the Senate had passed bills and joint
reso-
[[Page 2380]]
lutions of the following titles, in which the concurrence of
the House is requested:
S. 1881. An Act to establish and implement a technology
investment policy for aeronautical and space activities of
the National Aeronautics and Space Administration, and for
other purposes.
S. 2036. An Act to specify the terms of contracts entered
into by the United States and Indian tribal organizations
under the Indian Self-Determination and Education Assistance
Act, and for other purposes.
S. 2075. An Act to amend the Indian Child Protection and
Family Violence Prevention Act to reauthorize and improve
programs under the Act.
S.J. Res. 90. Joint resolution to recognize the
achievements of radio amateurs, and to establish support for
such amateurs as national policy.
S.J. Res. 181. Joint resolution to designate the week of
May 8, 1994, through May 14, 1994, as ``United Negro College
Fund Week''.
S.J. Res. 209. Joint resolution designating November 21,
1994, as ``National Military Families Recognition Day''.
S.J. Res. 208. Joint resolution designating the week of
November 6, 1994, through November 12, 1994, ``National
Health Information Management Week''.
S.J. Res. 220. Joint resolution to designate October 19,
1994, as ``National Mammography Day''.
The message also announced that the Senate agrees to the amendments of
the House to the bill (S. 1927) ``An Act to increase the rates of
compensation for veterans with service-connected disabilities and the
rates of dependency and indemnity compensation for the survivors of
certain disabled veterans'' with an amendment.
The message also announced that the Senate agrees to the amendments of
the House to the bill (S. 2372) ``An Act to reauthorize for three years
the Commission on Civil Rights, and for other purposes'' with an
amendment.
Para. 121.37 designation of speaker pro tempore to sign enrollments
The SPEAKER pro tempore, Mr. PETERSON of Florida, laid before the
House a communication, which was read as follows:
House of Representatives,
Washington, DC, October 7, 1994.
I hereby designate the Honorable Steny H. Hoyer to act as
Speaker pro tempore to sign enrolled bills and joint
resolutions through November 29, 1994.
Thomas S. Foley,
Speaker of the House of Representatives.
By unanimous consent, the designation was accepted.
Para. 121.38 crow boundary settlement
On motion of Mr. RICHARDSON, by unanimous consent, the Committee on
Natural Resources was discharged from further consideration of the bill
(H.R. 5200) to resolve the 107th meridian boundary dispute between the
Crow Indian Tribe and the United States.
When said bill was considered, read twice, ordered to be engrossed and
read a third time, was read a third time by title, and passed.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 121.39 thomas paine memorial
On motion of Mr. VENTO, by unanimous consent, the joint resolution of
the Senate (S.J. Res. 227) to approve the location of a Thomas Paine
Memorial; was taken from the Speaker's table.
When said joint resolution was considered and read twice.
Mr. VENTO submitted the following amendment in the nature of a
substitute which was agreed to:
Strike all after the resolving clause and insert:
That (a) the location of a Thomas Paine Memorial,
authorized by Public Law 102-407, as amended by Public Law
102-459, within either Area I or Area II as described in
Public Law 99-652 (100 Stat. 3650), is approved and (b) the
location of a World War II Memorial, authorized by Public Law
103-32, within either Area I or Area II as described in
Public Law 99-652 (100 Stat. 3650), is hereby approved.
Mr. VENTO submitted the following amendment to the preamble, which was
agreed to:
Strike the preamble and insert:
Whereas section 6(a) of the Act entitled ``An Act to
provide standards for placement of commemorative works on
certain Federal lands in the District of Columbia and its
environs, and for other purposes,'' approved November 14,
1986 (Public Law 99-652; 100 Stat. 3650) provides that the
location of a commemorative work in the area described as
Area I shall be deemed disapproved unless the location is
approved by law not later than 150 days after notification of
Congress that the commemorative work may be located in Area
I; and
Whereas Public Law 102-407, as amended by Public Law 102-
459, authorized the Thomas Paine National Historical
Association U.S.A. Memorial Foundation to establish a
memorial on Federal land in the District of Columbia to
Thomas Paine; and
Whereas Public Law 103-32, approved May 25, 1993 (107 Stat.
90), authorized the American Battle Monuments Commission to
establish a memorial on Federal land in the District of
Columbia to members of the Armed Forces who served in World
War II; and
Whereas the Secretary of the Interior has notified the
Congress of his determination that such memorials should be
located in Area I: Now, therefore, be it
The joint resolution was ordered to be read a third time, was read a
third time by title, and passed.
By unanimous consent, the title was amended so as to read: ``Joint
resolution approving the location of a Thomas Paine Memorial and a World
War II Memorial in the Nation's Capital.''.
A motion to reconsider the votes whereby said joint resolution, as
amended, was passed and the preamble and the title were amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendments.
Para. 121.40 grand canyon commemoration
On motion of Mr. VENTO, by unanimous consent, the Committee on Natural
Resources was discharged from further consideration of the joint
resolution of the Senate (S.J. Res. 221) to express the sense of the
Congress in commemoration of the 75th anniversary of Grand Canyon
National Park.
When said joint resolution was considered, read twice, ordered to be
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 121.41 technical corrections
On motion of Mr. RICHARDSON, by unanimous consent, the bill (H.R.
4709) to make certain technical corrections, and for other purposes;
together with the following amendment of the Senate thereto, was taken
from the Speaker's table:
Strike all after the enacting clause and insert the
following:
SECTION 1. LEASING AUTHORITY OF THE INDIAN PUEBLO FEDERAL
DEVELOPMENT CORPORATION.
Notwithstanding the provisions of section 17 of the Act of
June 18, 1934 (48 Stat. 988, chapter 576; 25 U.S.C. 477), the
Indian Pueblo Federal Development Corporation, whose charter
was issued pursuant to such section by the Secretary of the
Interior on January 15, 1993, shall have the authority to
lease or sublease trust or restricted Indian lands for up to
50 years.
SEC. 2. GRAND RONDE RESERVATION ACT.
(a) Lands Described.--Section 1 of the Act entitled ``An
Act to establish a reservation for the Confederated Tribes of
the Grand Ronde Community of Oregon, and for other
purposes'', approved September 9, 1988 (102 Stat. 1594), is
amended--
(1) in subsection (c)--
(A) by striking ``9,879.65'' and inserting ``10,120.68'';
and
(B) by striking all after
``6 8 1 SW\1/4\SW\1/ 53.78''
4\,W\1/2\SE\1/
4\SW\1/4\
and inserting the following:
``6 8 1 S\1/2\E\1/2\SE\1/4\SW\1/4\ 10.03
6 7 8 Tax lot 800 5.55
4 7 30 Lots3,4,SW\1/4\NE\1/4\, SE\1/
4\NW\1/4\,E\1/2\SW\1/4\ 240
---------------
Total..................... 10,120.68.'';
and
(2) by adding at the end the following new subsection:
``(d) Claims Extinguished; Liability.--
``(1) Claims extinguished.--All claims to lands within the
State of Oregon based upon recognized title to the Grand
Ronde Indian Reservation established by the Executive order
of June 30, 1857, pursuant to treaties with the Kalapuya,
Molalla, and other tribes, or any part thereof by the
Confederated Tribes of the Grand Ronde Community of Oregon,
or any predecessor or successor in interest, are hereby
extinguished, and any transfers pursuant to the Act of April
28, 1904 (Chap. 1820; 33 Stat. 567) or other statute of the
United States, by, from, or on behalf of the Confederated
Tribes of the Grand Ronde Community of Oregon, or any
predecessor or successor interest, shall be deemed to have
been made in accordance with the Constitution and all laws of
the United States that
[[Page 2381]]
are specifically applicable to transfers of lands or natural
resources from, by, or on behalf of any Indian, Indian
nation, or tribe of Indians (including, but not limited to,
the Act of July 22, 1790, commonly known as the `Trade and
Intercourse Act of 1790' (1 Stat. 137, chapter 33, section
4)).
``(2) Liability.--The Tribe shall assume responsibility for
lost revenues, if any, to any county because of the transfer
of revested Oregon and California Railroad grant lands in
section 30, Township 4 South, Range 7 West.''.
(b) Civil and Criminal Jurisdiction.--Section 3 of such Act
(102 Stat. 1595) is amended by adding at the end the
following: ``Such exercise shall not affect the Tribe's
concurrent jurisdiction over such matters.''.
SEC. 3. CONFEDERATED TRIBES OF THE SILETZ INDIANS OF OREGON.
Section 2 of the Act entitled ``An Act to establish a
reservation for the Confederated Tribes of Siletz Indians of
Oregon, approved September 4, 1980 (Public Law 96-340; 94
Stat. 1072) is amended--
(1) by inserting ``(a)'' after ``Sec. 2.''; and
(2) by adding at the end the following:
``(b)(1) The Secretary of the Interior, acting at the
request of the Confederated Tribes of the Siletz Indians of
Oregon, shall accept (subject to all valid rights-of-way and
easements existing on the date of such request) any
appropriate warranty deed conveying to the United States in
trust for the Confederated Tribes of the Siletz Indians of
Oregon, contingent upon payment of all accrued and unpaid
taxes, the following parcels of land located in Lincoln
County, State of Oregon:
``(A) In Township 10 South, Range 8 West, Willamette
Meridian--
``(i) a tract of land in the northwest and the northeast
quarters of section 7 consisting of 208.50 acres, more or
less, conveyed to the Tribe by warranty deed from John J.
Jantzi and Erma M. Jantzi on March 30, 1990; and
``(ii) 3 tracts of land in section 7 consisting of 18.07
acres, more or less, conveyed to the Tribe by warranty deed
from John J. Jantzi and Erma M. Jantzi on March 30, 1990.
``(B) In Township 10 South, Range 10 West, Willamette
Meridian--
``(i) a tract of land in section 4, including a portion of
United States Government Lot 31 lying west and south of the
Siletz River, consisting of 15.29 acres, more or less,
conveyed to the Tribe by warranty deed from Patrick J.
Collson and Patricia Ann Collson on February 27, 1991;
``(ii) a tract of land in section 9, located in Tract 60,
consisting of 4.00 acres, more or less, conveyed to the Tribe
by contract of sale from Gladys M. Faulkner on December 9,
1987;
``(iii) a tract of land in section 9, including portions of
the north one-half of United States Government Lot 15,
consisting of 7.34 acres, more or less, conveyed to the Tribe
by contract of sale from Clayton E. Hursh and Anna L. Hursh
on December 9, 1987;
``(iv) a tract of land in section 9, including a portion of
the north one-half of United States Government Lot 16,
consisting of 5.62 acres, more or less, conveyed to the Tribe
by warranty deed from Steve Jebert and Elizabeth Jebert on
December 1, 1987;
``(v) a tract of land in the southwest quarter of the
northwest quarter of section 9, consisting of 3.45 acres,
more or less, conveyed to the Tribe by warranty deed from
Eugenie Nashif on July 11, 1988; and
``(vi) a tract of land in section 10, including United
States Government Lot 8 and portions of United States
Government Lot 7, consisting of 29.93 acres, more or less,
conveyed to the Tribe by warranty deed from Doyle Grooms on
August 6, 1992.
``(C) In the northwest quarter of section 2 and the
northeast quarter of section 3, Township 7 South, Range 11
West, Willamette Meridian, a tract of land comprising United
States Government Lots 58, 59, 63, and 64, Lincoln Shore Star
Resort, Lincoln City, Oregon.
``(2) The parcels of land described in paragraph (1),
together with the following tracts of lands which have been
conveyed to the United States in trust for the Confederated
Tribes of Siletz Indians of Oregon--
``(A) a tract of land in section 3, Township 10 South,
Range 10 West, Willamette Meridian, including portions of
United States Government Lots 25, 26, 27, and 28, consisting
of 49.35 acres, more or less, conveyed by the Siletz Tribe to
the United States in trust for the Tribe on March 15, 1986;
and
``(B) a tract of land in section 9, Township 10 South,
Range 10 West, Willamette Meridian, including United States
Government Lot 33, consisting of 2.27 acres, more or less,
conveyed by warranty deed to the United States in trust for
the Confederated Tribes of Siletz Indians of Oregon from
Harold D. Alldridge and Sylvia C. Alldridge on June 30, 1981;
shall be subject to the limitations and provisions of
sections 3, 4, and 5 of this Act and shall be deemed to be a
restoration of land pursuant to section 7 of the Siletz
Indian Tribe Restoration Act (25 U.S.C. 711(e)).
``(3) Notwithstanding any other provision of law, the
United States should not incur any liability for conditions
on any parcels of land taken into trust under this section.
``(4) As soon as practicable after the transfer of the
parcels provided in paragraphs (1) and (2), the Secretary of
the Interior shall convey such parcels and publish a
description of such lands in the Federal Register.''.
SEC. 4. TRANSFER OF PARCEL BY YSLETA DEL SUR PUEBLO.
(a) Ratification.--The transfer of the land described in
subsection (b), together with fixtures thereon, on July 12,
1991, by the Ysleta Del Sur Pueblo is hereby ratified and
shall be deemed to have been made in accordance with the
Constitution and all laws of the United States that are
specifically applicable to transfers of land from, by, or on
behalf of any Indian, Indian nation, or tribe or band of
Indians (including section 2116 of the Revised Statutes (25
U.S.C. 177)) as if Congress had given its consent prior to
the transfer.
(b) Lands Described.--The lands referred to in subsection
(a) are more particularly described as follows:
Tract 1-B-1 (1.9251 acres) and Tract 1-B-2-A (0.0748 acres),
Block 2 San Elizario, El Paso County, Texas.
SEC. 5. AUTHORIZATION FOR 99-YEAR LEASES.
The second sentence of subsection (a) of the first section
of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25
U.S.C. 415(a)) is amended by inserting ``the Viejas Indian
Reservation,'' after ``Soboba Indian Reservation,''.
SEC. 6. WIND RIVER INDIAN IRRIGATION PROJECT.
Funds appropriated for construction of the Wind River
Indian Irrigation Project for fiscal year 1990 (pursuant to
Public Law 101-121), fiscal year 1991 (pursuant to the
Department of the Interior and Related Agencies
Appropriations Act, 1991 (Public Law 101-512)), and fiscal
year 1992 (pursuant to the Department of the Interior and
Related Agencies Appropriations Act, 1992 (Public Law 102-
154)) shall be made available on a nonreimbursable basis.
SEC. 7. REIMBURSEMENT OF COSTS INCURRED BY GILA RIVER INDIAN
COMMUNITY FOR CERTAIN RECLAMATION CONSTRUCTION.
The Secretary of the Interior is authorized to pay
$1,842,205 to the Gila River Indian Community as
reimbursement for the costs incurred by the Gila River Indian
Community for construction allocated to irrigation on the
Sacaton Ranch that would have been nonreimbursable if such
construction had been performed by the Bureau of Reclamation
under section 402 of the Colorado River Basin Project Act (43
U.S.C. 1542).
SEC. 8. RECOGNITION OF INDIAN COMMUNITY.
Section 10 of the Indian Law Technical Amendments of 1987
(Public Law 100-153) is amended--
(1) by striking ``The Frank's'' and inserting ``(a) Subject
to subsection (b), the Frank's'';
(2) by striking ``recognized as eligible'' and inserting
the following:
``recognized--
``(1) as eligible'';
(3) by striking the period at the end and inserting ``;
and''; and
(4) by adding at the end the following:
``(2) Notwithstanding any other provision of law, the
Frank's Landing Indian Community shall not engage in any
gaming activity (as defined in the Indian Gaming Regulatory
Act of 1988 (25 U.S.C. 2703(8)).''.
SEC. 9. RECONVEYANCE OF CERTAIN EXCESS LANDS.
(a) In General.--The Congress finds that the Sac and Fox
Nation of Oklahoma has determined the lands described in
subsection (b) to be excess to their needs and should be
returned to the original Indian grantors or their heirs. The
Secretary of the Interior is authorized to accept transfer of
title from the Sac and Fox Nation of Oklahoma of its interest
in the lands described in subsection (b).
(b) Persons and Lands.--The lands and individuals referred
to in subsection (a) are as follows:
(1) To the United States of America in trust for Sadie
Davis, now Tyner, or her heirs or devisees, the Surface and
Surface Rights only in and to the SE\1/4\SE\1/4\SE\1/4\SE\1/
4\ of section 28, Township 17 North, Range 6 East of the
Indian Meridian, Lincoln County, Oklahoma, containing 2.50
acres, more or less.
(2) To the United States of America in trust for Mabel
Wakole, or her heirs or devisees, the Surface and Surface
Rights only in and to the NE\1/4\NE\1/4\ of Lot 6 of NW\1/4\
of section 14, Township 11 North, Range 4 East of the Indian
Meridian, Pottawatomie County, Oklahoma, containing 2.50
acres, more or less.
SEC. 10. TITLE I OF PUBLIC LAW 97-459, PERTAINING TO THE
DEVILS LAKE SIOUX TRIBE.
Paragraph (1) of section 108(a) of title I of Public Law
97-459 (96 Stat. 2515) is amended by striking out ``of the
date of death of the decedent'' and inserting in lieu thereof
``after the date on which the Secretary's determination of
the heirs of the decedent becomes final''.
SEC. 11. NORTHERN CHEYENNE LAND TRANSFER.
(a) In General.--Notwithstanding any contrary provision of
law, the Secretary of the Interior or an authorized
representative of the Secretary (referred to in this section
as the ``Secretary'') is hereby authorized and directed to
transfer by deed to Lame Deer High School District No. 6,
Rosebud County, Montana (referred to in this section as the
``School District''), all right, title, and interest of the
United States and the Northern Cheyenne Tribe (referred to in
this section as the ``Tribe'') in and to the lands described
in this subsection (referred to in this section as ``Subject
Lands''), to be held and used by the School District for the
exclusive purpose of constructing and operating thereon a
public high school and related facilities. The Subject Lands
consist of a tract of approximately 40 acres within the
Northern Cheyenne Indian Reservation, more particularly
described as follows:
[[Page 2382]]
A tract of land located in the W\1/2\ SE\1/4\ and the E\1/2\
SW\1/4\ of section 10, Township 3 South, Range 41 East,
M.P.M., described as follows: Beginning at the south \1/4\
corner of said section 10, thence south 89 degrees 56 minutes
west 393.31 feet on and along the south line of said section
10 to the true point of beginning, thence south 89 degrees 56
minutes west 500.0 feet on and along said section line,
thence north 00 degrees 00 minutes east, 575.0 feet, thence
north 54 degrees 9 minutes 22 seconds east 2382.26 feet,
thence south 23 degrees 44 minutes 21 seconds east 622.56
feet, thence south 51 degrees 14 minutes 40 seconds west
2177.19 feet to the true point of beginning, containing in
all 40.0 acres, more or less.
(b) Deed and Lease.--
(1) In general.--The deed issued under this section shall
provide that--
(A) title to all coal and other minerals, including oil,
gas, and other natural deposits, within the Subject Lands
shall remain in the Secretary in trust for the Tribe, as
provided in Public Law 90-424 (82 Stat. 424);
(B) the Subject Lands may be used for the purpose of
constructing and operating a public high school and related
facilities thereon, and for no other purpose;
(C) title to the Subject Lands, free and clear of all liens
and encumbrances, shall automatically revert to the Secretary
in trust for the Tribe, and the deed shall be of no further
force or effect, if, within 8 years after the date of the
deed, classes have not commenced in a permanent public high
school facility established on the Subject Lands, or if such
classes commence at the facility within such 8-year period,
but the facility subsequently permanently ceases operating as
a public high school; and
(D) at any time after the conclusion of the current
litigation (commenced before the date of enactment of this
Act and including all trial and, if any, appellate
proceedings) challenging the November 9, 1993, decision of
the Superintendent of Public Instruction for the State of
Montana granting the petition to create the School District,
and with the prior approval of the Superintendent of Public
Instruction (referred to in this section as the
``Superintendent's Approval''), the Tribe shall have the
right to replace the deed with a lease covering the Subject
Lands issued under section 1(a) of the Act of August 9, 1955
(69 Stat. 539, chapter 615; 25 U.S.C. 415(a)) having a term
of 25 years, with a right to renew for an additional 25
years.
(2) Conditions of lease.--Under the lease referred to in
paragraph (1)(D), the Subject Lands shall be leased rent free
to the School District for the exclusive purpose of
constructing and operating a public high school and related
facilities thereon. The lease shall terminate if, within 8
years after the date of the deed, classes have not commenced
in a permanent public high school facility established on the
Subject Lands, or if such classes commence at the facility
within such 8-year period, but the facility subsequently
permanently ceases operating as a public high school. In the
event the Tribe seeks and obtains the Superintendent's
Approval, the Tribe may tender a lease, signed by the Tribe
and approved by the Secretary, which complies with the
provisions of this subsection. Upon such tender, the deed
shall be of no further force or effect, and, subject to the
leasehold interest offered to the School District, title to
the Subject Lands, free and clear of all liens and
encumbrances, shall automatically revert to the Secretary in
trust for the Tribe. The Tribe may at any time irrevocably
relinquish the right provided to it under this subsection by
resolution of the Northern Cheyenne Tribal Council explicitly
so providing.
(c) Effect of Acceptance of Deed.--Upon the School
District's acceptance of a deed delivered under this section,
the School District, and any party who may subsequently
acquire any right, title, or interest of any kind whatsoever
in or to the Subject Lands by or through the School District,
shall be subject to, be bound by, and comply with all terms
and conditions set forth in subparagraphs (A) through (D) of
subsection (b)(1).
SEC. 12. INDIAN AGRICULTURE AMENDMENT.
(a) Leasing of Indian Agricultural Lands.--Section 105 of
the American Indian Agriculture Resource Management Act (25
U.S.C. 3715) is amended--
(1) in subsection (b)--
(A) by striking ``and'' at the end of paragraph (3);
(B) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(5) shall approve leases and permits of tribally owned
agricultural lands at rates determined by the tribal
governing body.''; and
(2) in subsection (c), amending paragraph (1) to read as
follows:
``(1) Nothing in this section shall be construed as
limiting or altering the authority or right of an individual
allottee or Indian tribe in the legal or beneficial use of
his, her, or its own land or to enter into an agricultural
lease of the surface interest of his, her, or its allotment
or land under any other provision of law.''.
(b) Tribal Immunity.--The American Indian Agriculture
Resource Management Act (25 U.S.C. 3701 et seq.) is amended
by adding at the end the following new section:
``SEC. 306. TRIBAL IMMUNITY.
``Nothing in this Act shall be construed to affect, modify,
diminish, or otherwise impair the sovereign immunity from
suit enjoyed by Indian tribes.''.
SEC. 13. SAN CARLOS APACHE WATER RIGHTS SETTLEMENT ACT OF
1992.
Section 3711(b)(1) of title XXXVII of the San Carlos Apache
Tribe Water Rights Settlement Act of 1992 (106 Stat. 4752) is
amended by striking ``December 31, 1994'' and inserting
``December 31, 1995''.
SEC. 14. RELATIONSHIP BETWEEN BUY INDIAN ACT AND MENTOR-
PROTEGE PROGRAM.
Section 23 of the Act of June 25, 1910 (36 Stat. 861; 25
U.S.C. 47; commonly referred to as the ``Buy Indian Act''),
is amended by adding at the end the following:
``Participation in the Mentor-Protege Program established
under section 831 of the National Defense Authorization Act
for Fiscal Year 1991 (10 U.S.C. 2301 note) or receipt of
assistance pursuant to any developmental assistance agreement
authorized under such program shall not render Indian labor
or Indian industry ineligible to receive any assistance
authorized under this section. For the purposes of this
section--
``(1) no determination of affiliation or control (either
direct or indirect) may be found between a protege firm and
its mentor firm on the basis that the mentor firm has agreed
to furnish (or has furnished) to its protege firm pursuant to
a mentor-protege agreement any form of developmental
assistance described in subsection (f) of section 831 of the
National Defense Authorization Act for Fiscal Year 1991 (10
U.S.C. 2301 note); and
``(2) the terms `protege firm' and `mentor firm' have the
meaning given such terms in subsection (c) of such section
831.''.
SEC. 15. ACQUISITION OF LANDS ON WIND RIVER RESERVATION.
(a) Authority To Hold Lands in Trust for the Individual
Tribe.--The Secretary of the Interior is hereby authorized to
acquire individually in the name of the United States in
trust for the benefit of the Eastern Shoshone Tribe of the
Wind River Reservation or the Northern Arapaho Tribe of the
Wind River Reservation, as appropriate, lands or other rights
when the individual assets of only one of the tribes is used
to acquire such lands or other rights.
(b) Lands Remain Part of Joint Reservation Subject to
Exclusive Tribal Control.--Any lands acquired under
subsection (a) within the exterior boundaries of the Wind
River Reservation shall remain a part of the Reservation and
subject to the joint tribal laws of the Reservation, except
that the lands so acquired shall be subject to the exclusive
use and control of the tribe for which such lands were
acquired.
(c) Income.--The income from lands acquired under
subsection (a) shall be credited to the tribe for which such
lands were acquired.
(d) Savings Provision.--Nothing in this section shall be
construed to prevent the joint acquisition of lands for the
benefit of the Eastern Shoshone Tribe of the Wind River
Reservation and the Northern Arapaho Tribe of the Wind River
Reservation.
SEC. 16. ADVANCED TRAINING AND RESEARCH.
Section 111 of the Indian Health Care Improvement Act (25
U.S.C. 1616d) is amended--
(1) in subsection (a)--
(A) by striking ``who have worked in an Indian health
program (as defined in section 108(a)(2)) for a substantial
period of time''; and
(B) by adding at the end the following new sentence: ``In
selecting participants for a program established under this
subsection, the Secretary, acting through the Service, shall
give priority to applicants who are employed by the Indian
Health Service, Indian tribes, tribal organizations, and
urban Indian organizations, at the time of the submission of
the applications.''; and
(2) in subsection (b), by inserting after ``Indian health
program'' the following: ``(as defined in section
108(a)(2))''.
(d) Nursing Residency Program.--Section 118(b) of such Act
(25 U.S.C. 1616k(b)) is amended by inserting before the
period the following: ``or a Master's degree''.
SEC. 17. REDESIGNATION OF YAKIMA INDIAN NATION TO YAKAMA
INDIAN NATION.
(a) Redesignation.--The Confederated Tribes and Bands of
the Yakima Indian Nation shall be known and designated as the
``Confederated Tribes and Bands of the Yakama Indian
Nation''.
(b) References.--Any reference in a law (including any
regulation), map, document, paper, or other record of the
United States to Confederated Tribes and Bands of the Yakima
Indian Nation referred to in subsection (a) shall be deemed
to be a reference to the ``Confederated Tribes and Bands of
the Yakama Indian Nation''.
SEC. 18. EXPENDITURE OF JUDGMENT FUNDS.
Notwithstanding any other provision of law, or any
distribution plan approved pursuant to the Indian Tribal
Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et
seq.), the Secretary of the Interior may reprogram, in
accordance with the letter of Charles Dawes, the Chief of the
Ottowa Tribe of Oklahoma, to the Bureau of Indian Affairs,
Muskogee Area Office, dated September 21, 1993, and the
accompanying Resolution that was approved by the Business
Committee of the Ottawa Tribe of Oklahoma August 19, 1993,
the specific changes in the Secretarial Plan that became
effective on June 14, 1983, for the use of funds that were
awarded in satisfaction of judgments in final awards by the
Indian Claims Commission for claims with the following docket
numbers: 133-A, 133-B, 133-C, 302, and 338.
SEC. 19. APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
The activities of the Department of the Interior associated
with the Department's consultation with Indian tribes
organizations related to the management of funds held in
[[Page 2383]]
trust by the United States for Indian tribes shall be exempt
from the Federal Advisory Committee Act (5 U.S.C. App.).
SEC. 20. POKAGON POTAWATOMI MEMBERSHIP LIST.
The Act entitled ``An Act to restore Federal services to
the Pokagon Band of Potawatomi Indians'', approved September
21, 1994 (Public Law 103-323) is amended--
(1) by redesignating section 9 as section 10; and
(2) by inserting after section 8 the following new section:
``SEC. 9. MEMBERSHIP LIST.
``(a) List of Members as of September 1994.--Not later than
120 days after the date of enactment of this Act, the Bands
shall submit to the Secretary a list of all individuals who,
as of September 21, 1994, were members of the respective
Bands.
``(b) List of Individuals Eligible for Membership.--
``(1) In general.--Not later than 18 months after the date
of enactment of this Act, the Bands shall submit to the
Secretary membership rolls that contain the names of all
individuals eligible for membership in such Bands. Each such
Band, in consultation with the Secretary, shall determine
whether an individual is eligible for membership in the Band
on the basis of provisions in the governing documents of the
Band that determine the qualifications for inclusion in the
membership roll of the Band.
``(2) Publication of notice.--At such time as the rolls
have been submitted to the Secretary, the Secretary shall
immediately publish in the Federal Register a notice of such
rolls.
``(3) Maintenance of rolls.--The Bands shall ensure that
the rolls are maintained and kept current.''.
SEC. 21. ODAWA AND OTTAWA MEMBERSHIP LISTS.
The Little Traverse Bay Bands of Odawa and the Little River
Band of Ottawa Indians Act (Public Law 103-324) is amended by
adding at the end the following new section:
``SEC. 9. MEMBERSHIP LIST.
``(a) List of Present Membership.--Not later than 120 days
after the date of enactment of this Act, the Band shall
submit to the Secretary a list of all individuals who, as of
September 21, 1994, were members of the Band.
``(b) List of Individuals Eligible for Membership.--
``(1) In general.--Not later than 18 months after the date
of enactment of this Act, the Band shall submit to the
Secretary membership rolls that contain the names of all
individuals eligible for membership in such Band. The Band,
in consultation with the Secretary, shall determine whether
an individual is eligible for membership in the Band on the
basis of provisions in the governing documents of the Band
that determine the qualifications for inclusion in the
membership roll of the Band.
``(2) Publication of notice.--At such time as the rolls
have been submitted to the Secretary, the Secretary shall
immediately publish in the Federal Register a notice of such
rolls.
``(3) Maintenance of rolls.--The Band shall ensure that the
rolls are maintained and kept current.''.
SEC. 22. INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
ACT.
(a) In General.--The Indian Self-Determination Act is
amended--
(1) in section 107(b)(2) (25 U.S.C. 450k(b)(2)), by
striking ``Committee on Interior and Insular Affairs'' and
inserting ``Committee on Natural Resources'';
(2) in section 301 (25 U.S.C. 450f note), by striking
``eight'' and inserting ``18''; and
(3) in section 302(a) (25 U.S.C. 450f note), by striking
``The Secretaries'' and inserting ``For each fiscal year, the
Secretaries''.
(b) Advisory Committees.--The Indian Self-Determination and
Education Assistance Act Amendments of 1990 (title II of
Public Law 101-644) is amended by adding at the end the
following new section:
``SEC. 204. TRIBAL AND FEDERAL ADVISORY COMMITTEES.
``Notwithstanding any other provision of law (including any
regulation), the Secretary of the Interior and the Secretary
of Health and Human Services are authorized to jointly
establish and fund advisory committees or other advisory
bodies composed of members of Indian tribes or members of
Indian tribes and representatives of the Federal Government
to ensure tribal participation in the implementation of the
Indian Self-Determination and Education Assistance Act
(Public Law 93-638).''.
SEC. 23. CROW BOUNDARY SETTLEMENT.
Section 6(c) of the Crow Boundary Settlement Act of 1994 is
amended to read as follows:
``(c) Investment.--At the request of the Secretary, the
Secretary of the Treasury shall invest all sums deposited
into, accruing to, and remaining in, the Crow Tribal Trust
Fund in accordance with the first section of the Act of
February 12, 1929 (45 Stat. 1164, chapter 178, 25 U.S.C.
161a).''.
On motion of Mr. RICHARDSON, said Senate amendment was agreed to.
A motion to reconsider the vote whereby said Senate amendment was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 121.42 indian self-determination
On motion of Mr. RICHARDSON, by unanimous consent, the Committee on
Natural Resources was discharged from further consideration of the bill
(H.R. 4842) to specify the terms of contracts entered into by the United
States and Indian tribal organizations under the Indian Self-
Determination and Education Assistance Act, and for other purposes.
When said bill was considered and read twice.
Mr. RICHARDSON submitted the following amendment in the nature of a
substitute which was agreed to:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Self-Determination
Act Amendments of 1994''.
TITLE I--INDIAN SELF-DETERMINATION ACT CONTRACTS
SEC. 101. SHORT TITLE.
This title may be cited as the ``Indian Self-Determination
Contract Reform Act of 1994''.
SEC. 102. GENERAL AMENDMENTS.
The Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.) is amended--
(1) in section 4--
(A) in subsection (g), by striking ``indirect costs rate''
and inserting ``indirect cost rate'';
(B) by striking ``and'' at the end of subsection (k);
(C) by striking the period at the end of subsection (l) and
inserting ``; and''; and
(D) by adding at the end the following new subsection:
``(m) `construction contract' means a fixed-price or cost-
reimbursement self-determination contract for a construction
project, except that such term does not include any
contract--
``(1) that is limited to providing planning services and
construction management services (or a combination of such
services);
``(2) for the Housing Improvement Program or roads
maintenance program of the Bureau of Indian Affairs
administered by the Secretary of the Interior; or
``(3) for the health facility maintenance and improvement
program administered by the Secretary of Health and Human
Services.'';
(2) by striking subsection (f) of section 5 and inserting
the following new subsection:
``(f)(1) For each fiscal year during which an Indian tribal
organization receives or expends funds pursuant to a contract
entered into, or grant made, under this Act, the tribal
organization that requested such contract or grant shall
submit to the appropriate Secretary a single-agency audit
report required by chapter 75 of title 31, United States
Code.
``(2) In addition to submitting a single-agency audit
report pursuant to paragraph (1), a tribal organization
referred to in such paragraph shall submit such additional
information concerning the conduct of the program, function,
service, or activity carried out pursuant to the contract or
grant that is the subject of the report as the tribal
organization may negotiate with the Secretary.
``(3) Any disagreement over reporting requirements shall be
subject to the declination criteria and procedures set forth
in section 102.'';
(3) in section 7(a), by striking ``of subcontractors'' and
inserting in lieu thereof ``or subcontractors (excluding
tribes and tribal organizations)'';
(4) at the end of section 7, add the following new
subsection:
``(c) Notwithstanding subsections (a) and (b), with respect
to any self-determination contract, or portion of a self-
determination contract, that is intended to benefit one
tribe, the tribal employment or contract preference laws
adopted by such tribe shall govern with respect to the
administration of the contract or portion of the contract.'';
(5) at the end of section 102(a)(1), add the following new
flush sentence:
``The programs, functions, services, or activities that are
contracted under this paragraph shall include administrative
functions of the Department of the Interior and the
Department of Health and Human Services (whichever is
applicable) that support the delivery of services to Indians,
including those administrative activities supportive of, but
not included as part of, the service delivery programs
described in this paragraph that are otherwise contractable.
The administrative functions referred to in the preceding
sentence shall be contractable without regard to the
organizational level within the department that carries out
such functions.'';
(6) in section 102(a)--
(A) in paragraph (2)--
(i) in the first sentence, by inserting ``, or a proposal
to amend or renew a self-determination contract,'' before
``to the Secretary for review'';
(ii) in the second sentence--
(I) by striking ``The'' and inserting ``Subject to the
provisions of paragraph (4), the'';
(II) by inserting ``and award the contract'' after
``approve the proposal'';
(III) by striking ``, within sixty days of receipt of the
proposal,''; and
(IV) by striking ``a specific finding is made that'' and
inserting ``the Secretary provides written notification to
the applicant that contains a specific finding that clearly
demonstrates that, or that is supported by a controlling
legal authority that'';
[[Page 2384]]
(iii) in subparagraph (B), by striking ``or'' after the
semicolon;
(iv) in subparagraph (C), by striking the period at the end
and inserting a semicolon;
(v) by adding at the end the following new subparagraphs:
``(D) the amount of funds proposed under the contract is in
excess of the applicable funding level for the contract, as
determined under section 106(a); or
``(E) the program, function, service, or activity (or
portion thereof) that is the subject of the proposal is
beyond the scope of programs, functions, services, or
activities covered under paragraph (1) because the proposal
includes activities that cannot lawfully be carried out by
the contractor.''; and
(vi) by adding at the end of the paragraph the following
new flush material:
``Notwithstanding any other provision of law, the Secretary
may extend or otherwise alter the 90-day period specified in
the second sentence of this subsection, if before the
expiration of such period, the Secretary obtains the
voluntary and express written consent of the tribe or tribal
organization to extend or otherwise alter such period. The
contractor shall include in the proposal of the contractor
the standards under which the tribal organization will
operate the contracted program, service, function, or
activity, including in the area of construction, provisions
regarding the use of licensed and qualified architects,
applicable health and safety standards, adherence to
applicable Federal, State, local, or tribal building codes
and engineering standards. The standards referred to in the
preceding sentence shall ensure structural integrity,
accountability of funds, adequate competition for
subcontracting under tribal or other applicable law, the
commencement, performance, and completion of the contract,
adherence to project plans and specifications (including any
applicable Federal construction guidelines and manuals), the
use of proper materials and workmanship, necessary inspection
and testing, and changes, modifications, stop work, and
termination of the work when warranted.''; and
(B) by adding at the end the following new paragraph:
``(4) The Secretary shall approve any severable portion of
a contract proposal that does not support a declination
finding described in paragraph (2). If the Secretary
determines under such paragraph that a contract proposal--
``(A) proposes in part to plan, conduct, or administer a
program, function, service, or activity that is beyond the
scope of programs covered under paragraph (1), or
``(B) proposes a level of funding that is in excess of the
applicable level determined under section 106(a),
subject to any alteration in the scope of the proposal that
the Secretary and the tribal organization agree to, the
Secretary shall, as appropriate, approve such portion of the
program, function, service, or activity as is authorized
under paragraph (1) or approve a level of funding authorized
under section 106(a). If a tribal organization elects to
carry out a severable portion of a contract proposal pursuant
to this paragraph, subsection (b) shall only apply to the
portion of the contract that is declined by the Secretary
pursuant to this subsection.'';
(7) in section 102(b)(3)--
(A) by inserting after ``record'' the following: ``with the
right to engage in full discovery relevant to any issue
raised in the matter''; and
(B) by inserting before the period the following: ``,
except that the tribe or tribal organization may, in lieu of
filing such appeal, exercise the option to initiate an action
in a
Federal district court and proceed directly to such court
pursuant to section 110(a)'';
(8) in section 102(d), by striking ``as provided in section
2671 of title 28)'' and inserting ``as provided in section
2671 of title 28, United States Code, and including an
individual who provides health care services pursuant to a
personal services contract with a tribal organization for the
provision of services in any facility owned, operated, or
constructed under the jurisdiction of the Indian Health
Service)'';
(9) by adding at the end of section 102 the following new
subsection:
``(e)(1) With respect to any hearing or appeal conducted
pursuant to subsection (b)(3), the Secretary shall have the
burden of proof to establish by clearly demonstrating the
validity of the grounds for declining the contract proposal
(or portion thereof).
``(2) Notwithstanding any other provision of law, a
decision by an official of the Department of the Interior or
the Department of Health and Human Services, as appropriate
(referred to in this paragraph as the `Department') that
constitutes final agency action and that relates to an appeal
within the Department that is conducted under subsection
(b)(3) shall be made either--
``(A) by an official of the Department who holds a position
at a higher organizational level within the Department than
the level of the departmental agency (such as the Indian
Health Service or the Bureau of Indian Affairs) in which the
decision that is the subject of the appeal was made; or
``(B) by an administrative judge.'';
(10) by striking subsection (a) of section 105 and
inserting the following new subsection:
``(a)(1) Notwithstanding any other provision of law,
subject to paragraph (3), the contracts and cooperative
agreements entered into with tribal organizations pursuant to
section 102 shall not be subject to Federal contracting or
cooperative agreement laws (including any regulations),
except to the extent that such laws expressly apply to Indian
tribes.
``(2) Program standards applicable to a nonconstruction
self-determination contract shall be set forth in the
contract proposal and the final contract of the tribe or
tribal organization.
``(3)(A) With respect to a construction contract (or a
subcontract of such a construction contract), the provisions
of the Office of Federal Procurement Policy Act (41 U.S.C.
401 et seq.) and the regulations relating to acquisitions
promulgated under such Act shall apply only to the extent
that the application of such provision to the construction
contract (or subcontract) is--
``(i) necessary to ensure that the contract may be carried
out in a satisfactory manner;
``(ii) directly related to the construction activity; and
``(iii) not inconsistent with this Act.
``(B) A list of the Federal requirements that meet the
requirements of clauses (i) through (iii) of subparagraph (A)
shall be included in an attachment to the contract pursuant
to negotiations between the Secretary and the tribal
organization.
``(C)(i) Except as provided in subparagraph (B), no Federal
law listed in clause (ii) or any other provision of Federal
law (including an Executive order) relating to acquisition by
the Federal Government shall apply to a construction contract
that a tribe or tribal organization enters into under this
Act, unless expressly provided in such law.
``(ii) The laws listed in this paragraph are as follows:
``(I) The Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 471 et seq.).
``(II) Section 3709 of the Revised Statutes.
``(III) Section 9(c) of the Act of Aug. 2, 1946 (60 Stat.
809, chapter 744).
``(IV) Title III of the Federal Property and Administrative
Services Act of 1949 (63 Stat. 393 et seq., chapter 288).
``(V) Section 13 of the Act of Oct. 3, 1944 (58 Stat. 770;
chapter 479).
``(VI) Chapters 21, 25, 27, 29, and 31 of title 44, United
States Code.
``(VII) Section 2 of the Act of June 13, 1934 (48 Stat 948,
chapter 483).
``(VIII) Sections 1 through 12 of the Act of June 30, 1936
(49 Stat. 2036 et seq. chapter 881).
``(IX) The Service Control Act of 1965 (41 U.S.C. 351 et
seq.).
``(X) The Small Business Act (15 U.S.C. 631 et seq.).
``(XI) Executive Order Nos. 12138, 11246, 11701 and
11758.'';
(11) by striking subsection (e) and inserting the following
new subsection:
``(e) If an Indian tribe, or a tribal organization
authorized by a tribe, requests retrocession of the
appropriate Secretary for any contract or portion of a
contract entered into pursuant to this Act, unless the tribe
or tribal organization rescinds the request for retrocession,
such retrocession shall become effective on--
``(1) the earlier of--
``(A) the date that is 1 year after the date the Indian
tribe or tribal organization submits such request; or
``(B) the date on which the contract expires; or
``(2) such date as may be mutually agreed by the Secretary
and the Indian tribe.'';
(12) by striking paragraph (2) of section 105(f) and
inserting the following new paragraph:
``(2) donate to an Indian tribe or tribal organization
title to any personal or real property found to be excess to
the needs of the Bureau of Indian Affairs, the Indian Health
Service, or the General Services Administration, except
that--
``(A) subject to the provisions of subparagraph (B), title
to property and equipment furnished by the Federal Government
for use in the performance of the contract or purchased with
funds under any self-determination contract or grant
agreement shall, unless otherwise requested by the tribe or
tribal organization, vest in the appropriate tribe or tribal
organization;
``(B) if property described in subparagraph (A) has a value
in excess of $5,000 at the time of the retrocession,
rescission, or termination of the self-determination contract
or grant agreement, at the option of the Secretary, upon the
retrocession, rescission, or termination, title to such
property and equipment shall revert to the Department of the
Interior or the Department of Health and Human Services, as
appropriate; and
``(C) all property referred to in subparagraph (A) shall
remain eligible for replacement on the same basis as if title
to such property were vested in the United States; and'';
(13) by adding at the end of section 105 the following new
subsections:
``(i)(1) If a self-determination contract requires the
Secretary to divide the administration of a program that has
previously been administered for the benefit of a greater
number of tribes than are represented by the tribal
organization that is a party to the contract, the Secretary
shall take such action as may be necessary to ensure that
services are provided to the tribes not served by a self-
determination contract, including program redesign in
consultation with the tribal organization and all affected
tribes.
``(2) Nothing in this title shall be construed to limit or
reduce in any way the funding for any program, project, or
activity serving a tribe under this or other applicable
Federal law. Any tribe or tribal organization that alleges
that a self-determination contract is in
[[Page 2385]]
violation of this section may apply the provisions of section
110.
``(j) Upon providing notice to the Secretary, a tribal
organization that carries out a nonconstruction self-
determination contract may propose a redesign of a program,
activity, function, or service carried out by the tribal
organization under the contract, including any nonstatutory
program standard, in such manner as to best meet the local
geographic, demographic, economic, cultural, health, and
institutional needs of the Indian people and tribes served
under the contract. The Secretary shall evaluate any proposal
to redesign any program, activity, function, or service
provided under the contract. With respect to declining to
approve a redesigned program, activity, function, or service
under this subsection, the Secretary shall apply the criteria
and procedures set forth in section 102.
``(k) For purposes of section 201(a) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
481(a)) (relating to Federal sources of supply, including
lodging providers, airlines and other transportation
providers), a tribal organization carrying out a contract,
grant, or cooperative agreement under this Act shall be
deemed an executive agency when carrying out such contract,
grant, or agreement and the employees of the tribal
organization shall be eligible to have access to such sources
of supply on the same basis as employees of an executive
agency have such access.
``(l)(1) Upon the request of an Indian tribe or tribal
organization, the Secretary shall enter into a lease with the
Indian tribe or tribal organization that holds title to, a
leasehold interest in, or a trust interest in, a facility
used by the Indian tribe or tribal organization for the
administration and delivery of services under this Act.
``(2) The Secretary shall compensate each Indian tribe or
tribal organization that enters into a lease under paragraph
(1) for the use of the facility leased for the purposes
specified in such paragraph. Such compensation may include
rent, depreciation based on the useful life of the facility,
principal and interest paid or accrued, operation and
maintenance expenses, and such other reasonable expenses that
the Secretary determines, by regulation, to be allowable.
``(m)(1) Each construction contract requested, approved, or
awarded under this Act shall be subject to--
``(A) except as otherwise provided in this Act, the
provisions of this Act, other than sections 102(a)(2),
106(l), 108 and 109; and
``(B) section 314 of the Department of the Interior and
Related Agencies Appropriations Act, 1991 (104 Stat. 1959).
``(2) In providing technical assistance to tribes and
tribal organizations in the development of construction
contract proposals, the Secretary shall provide, not later
than 30 days after receiving a request from a tribe or tribal
organization, all information available to the Secretary
regarding the construction project, including construction
drawings, maps, engineering reports, design reports, plans of
requirements, cost estimates, environmental assessments or
environmental impact reports, and archaeological reports.
``(3) Prior to finalizing a construction contract proposal
pursuant to section 102(a), and upon request of the tribe or
tribal organization that submits the proposal, the Secretary
shall provide for a precontract negotiation phase in the
development of a contract proposal. Such phase shall include,
at a minimum, the following elements:
``(A) The provision of technical assistance pursuant to
section 103 and paragraph (2).
``(B) A joint scoping session between the Secretary and the
tribe or tribal organization to review all plans,
specifications, engineering reports, cost estimates, and
other information available to the parties, for the purpose
of identifying all areas of agreement and disagreement.
``(C) An opportunity for the Secretary to revise the plans,
designs, or cost estimates of the Secretary in response to
concerns raised, or information provided by, the tribe or
tribal organization.
``(D) A negotiation session during which the Secretary and
the tribe or tribal organization shall seek to develop a
mutually agreeable contract proposal.
``(E) Upon the request of the tribe or tribal organization,
the use of an alternative dispute resolution mechanism to
seek resolution of all remaining areas of disagreement
pursuant to the dispute resolution provisions under
subchapter IV of chapter 5 of title 5, United States Code.
``(F) The submission to the Secretary by the tribe or
tribal organization of a final contract proposal pursuant to
section 102(a).
``(4)(A) Subject to subparagraph (B), in funding a fixed-
price construction contract pursuant to section 106(a), the
Secretary shall provide for the following:
``(i) The reasonable costs to the tribe or tribal
organization for general administration incurred in
connection with the project that is the subject of the
contract.
``(ii) The ability of the contractor that carries out the
construction contract to make a reasonable profit, taking
into consideration the risks associated with carrying out the
contract and other relevant considerations.
``(B) In establishing a contract budget for a construction
project, the Secretary shall not be required to separately
identify the components described in clauses (i) and (ii) of
subparagraph (A).
``(C) The total amount awarded under a construction
contract shall reflect an overall fair and reasonable price
to the parties, including the following costs:
``(i) The reasonable costs to the tribal organization of
performing the contract, taking into consideration the terms
of the contract and the requirements of this Act and any
other applicable law.
``(ii) The costs of preparing the contract proposal and
supporting cost data.
``(iii) The costs associated with auditing the general and
administrative costs of the tribal organization associated
with the management of the construction contract.
``(iv) In the case of a fixed-price contract, a fair profit
determined by taking into consideration the relevant risks
and local market conditions.
``(v) If the Secretary and the tribe or tribal organization
are unable to develop a mutually agreeable construction
contract proposal pursuant to the procedures set forth in
this subsection, the tribe or tribal organization may submit
a final contract proposal to the Secretary. Not later than 30
days after receiving such final contract proposal, the
Secretary shall approve the contract proposal and award the
contract, unless, during such period the Secretary declines
the proposal pursuant to sections 102(a)(2) and 102(b) of
section 102 (including providing opportunity for an appeal
pursuant to section 102(b)).
``(n) Notwithstanding any other provision of law, the
rental rates for housing provided to an employee by the
Federal Government in Alaska pursuant to a self-determination
contract shall be determined on the basis of--
``(1) the reasonable value of the quarters and facilities
(as such terms are defined under section 5911 of title 5,
United States Code) to such employee, and
``(2) the circumstances under which such quarters and
facilities are provided to such employee,
as based on the cost of comparable private rental housing in
the nearest established community with a year-round
population of 1,500 or more individuals.'';
(14) in section 106(a)--
(A) in paragraph (1), by inserting before the period at the
end the following: ``, without regard to any organizational
level within the Department of the Interior or the Department
of Health and Human Services, as appropriate, at which the
program, function, service, or activity or portion thereof,
including supportive administrative functions that are
otherwise contractable, is operated'';
(B) in paragraph (2), by inserting after ``consist of'' the
following: ``an amount for''; and
(C) by striking paragraph (3) and inserting the following
new paragraphs:
``(3)(A) The contract support costs that are eligible costs
for the purposes of receiving funding under this Act shall
include the costs of reimbursing each tribal contractor for
reasonable and allowable costs of--
``(i) direct program expenses for the operation of the
Federal program that is the subject of the contract, and
``(ii) any additional administrative or other expense
related to the overhead incurred by the tribal contractor in
connection with the operation of the Federal program,
function, service, or activity pursuant to the contract,
except that such funding shall not duplicate any funding
provided under section 106(a)(1).
``(B) On an annual basis, during such period as a tribe or
tribal organization operates a Federal program, function,
service, or activity pursuant to a contract entered into
under this Act, the tribe or tribal organization shall have
the option to negotiate with the Secretary the amount of
funds that the tribe or tribal organization is entitled to
receive under such contract pursuant to this paragraph.
``(4) For each fiscal year during which a self-
determination contract is in effect, any savings attributable
to the operation of a Federal program, function, service, or
activity under a self-determination contract by a tribe or
tribal organization (including a cost reimbursement
construction contract) shall--
``(A) be used to provide additional services or benefits
under the contract; or
``(B) be expended by the tribe or tribal organization in
the succeeding fiscal year, as provided in section 8.
``(5) Subject to paragraph (6), during the initial year
that a self-determination contract is in effect, the amount
required to be paid under paragraph (2) shall include startup
costs consisting of the reasonable costs that have been
incurred or will be incurred on a one-time basis pursuant to
the contract necessary--
``(A) to plan, prepare for, and assume operation of the
program, function, service, or activity that is the subject
of the contract; and
``(B) to ensure compliance with the terms of the contract
and prudent management.
``(6) Costs incurred before the initial year that a self-
determination contract is in effect may not be included in
the amount required to be paid under paragraph (2) if the
Secretary does not receive a written notification of the
nature and extent of the costs prior to the date on which
such costs are incurred.'';
(15) in section 106(c)--
(A) by striking ``March 15'' and inserting ``May 15'';
(B) in paragraphs (1) and (2), by striking ``indirect
costs'' each place it appears and inserting ``contract
support costs'';
(C) in paragraph (4), by striking ``and'' at the end;
(D) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
[[Page 2386]]
(E) by adding at the end the following new paragraph:
``(6) an accounting of any deficiency of funds needed to
maintain the preexisting level of services to any tribes
affected by contracting activities under this Act, and a
statement of the amount of funds needed for transitional
purposes to enable contractors to convert from a Federal
fiscal year accounting cycle to a different accounting cycle,
as authorized by section 105(d).'';
(16) in section 106(f), by inserting immediately after the
second sentence the following new sentence: ``For the purpose
of determining the 365-day period specified in this
paragraph, an audit report shall be deemed to have been
received on the date of actual receipt by the Secretary, if,
within 60 days after receiving the report, the Secretary does
not give notice of a determination by the Secretary to reject
the single-agency report as insufficient due to noncompliance
with chapter 75 of title 31, United States Code, or
noncompliance with any other applicable law.'';
(17) by striking subsection (g) of section 106 and
inserting the following new subsection:
``(g) Upon the approval of a self-determination contract,
the Secretary shall add to the contract the full amount of
funds to which the contractor is entitled under section
106(a), subject to adjustments for each subsequent year that
such tribe or tribal organization administers a Federal
program, function, service, or activity under such
contract.'';
(18) by striking subsection (i) of section 106 and
inserting the following new subsection:
``(i) On an annual basis, the Secretary shall consult with,
and solicit the participation of, Indian tribes and tribal
organizations in the development of the budget for the Indian
Health Service and the Bureau of Indian Affairs (including
participation of Indian tribes and tribal organizations in
formulating annual budget requests that the Secretary submits
to the President for submission to Congress pursuant to
section 1105 of title 31, United States Code).''; and
(19) by adding at the end of section 106 the following new
subsections:
``(j) Notwithstanding any other provision of law, a tribal
organization may use funds provided under a self-
determination contract to meet matching or cost participation
requirements under other Federal and non-Federal programs.
``(k) Without intending any limitation, a tribal
organization may, without the approval of the Secretary,
expend funds provided under a self-determination contract for
the following purposes, to the extent that the expenditure of
the funds is supportive of a contracted program:
``(1) Depreciation and use allowances not otherwise
specifically prohibited by law, including the depreciation of
facilities owned by the tribe or tribal organization.
``(2) Publication and printing costs.
``(3) Building, realty, and facilities costs, including
rental costs or mortgage expenses.
``(4) Automated data processing and similar equipment or
services.
``(5) Costs for capital assets and repairs.
``(6) Management studies.
``(7) Professional services, other than services provided
in connection with judicial proceedings by or against the
United States.
``(8) Insurance and indemnification, including insurance
covering the risk of loss of or damage to property used in
connection with the contract without regard to the ownership
of such property.
``(9) Costs incurred to raise funds or contributions from
non-Federal sources for the purpose of furthering the goals
and objectives of the self-determination contract.
``(10) Interest expenses paid on capital expenditures such
as buildings, building renovation, or acquisition or
fabrication of capital equipment, and interest expenses on
loans necessitated due to delays by the Secretary in
providing funds under a contract.
``(11) Expenses of a governing body of a tribal
organization that are attributable to the management or
operation of programs under this Act.
``(12) Costs associated with the management of pension
funds, self-insurance funds, and other funds of the tribal
organization that provide for participation by the Federal
Government.
``(l) The Secretary may only suspend, withhold, or delay
the payment of funds for a period of 30 days beginning on the
date the Secretary makes a determination under this paragraph
to a tribal organization under a self-determination contract,
if the Secretary determines that the tribal organization has
failed to substantially carry out the contract without good
cause. In any such case, the Secretary shall provide the
tribal organization with reasonable advance written notice,
technical assistance (subject to available resources) to
assist the tribal organization, a hearing on the record not
later than 10 days after the date of such determination or
such later date as the tribal organization shall approve, and
promptly release any funds withheld upon subsequent
compliance.
``(2) With respect to any hearing or appeal conducted
pursuant to this subsection, the Secretary shall have the
burden of proof to establish by clearly demonstrating the
validity of the grounds for suspending, withholding, or
delaying payment of funds.
``(m) The program income earned by a tribal organization in
the course of carrying out a self-determination contract--
``(1) shall be used by the tribal organization to further
the general purposes of the contract; and
``(2) shall not be a basis for reducing the amount of funds
otherwise obligated to the contract.
``(n) To the extent that programs, functions, services, or
activities carried out by tribal organizations pursuant to
contracts entered into under this Act reduce the
administrative or other responsibilities of the Secretary
with respect to the operation of Indian programs and result
in savings that have not otherwise been included in the
amount of contract funds determined under subsection (a), the
Secretary shall make such savings available for the provision
of additional services to program beneficiaries, either
directly or through contractors, in a manner equitable to
both direct and contracted programs.
``(o) Notwithstanding any other provision of law (including
any regulation), a tribal organization that carries out a
self-determination contract may, with respect to allocations
within the approved budget of the contract, rebudget to meet
contract requirements, if such rebudgeting would not have an
adverse effect on the performance of the contract.''.
SEC. 103. CONTRACT SPECIFICATIONS.
The Indian Self-Determination Education Assistance Act (25
U.S.C. 450 et seq.) is amended by inserting after section 107
the following new section:
``SEC. 108. CONTRACT OR GRANT SPECIFICATIONS.
``(a) Each self-determination contract entered into under
this Act shall--
``(1) contain, or incorporate by reference, the provisions
of the model agreement described in subsection (c) (with
modifications where indicated and the blanks appropriately
filled in), and
``(2) contain such other provisions as are agreed to by the
parties.
``(b) Notwithstanding any other provision of law, the
Secretary may make payments pursuant to section 1(b)(6) of
such model agreement. As provided in section 1(b)(7) of the
model agreement, the records of the tribal government or
tribal organization specified in such section shall not be
considered Federal records for purposes of chapter 5 of title
5, United States Code.
``(c) The model agreement referred to in subsection (a)(1)
reads as follows:
`` `SECTION 1. AGREEMENT BETWEEN THE SECRETARY AND THE ____
TRIBAL GOVERNMENT.
`` `(a) Authority and Purpose.--
`` `(1) Authority.--This agreement, denoted a Self-
Determination Contract (referred to in this agreement as the
``Contract''), is entered into by the Secretary of the
Interior or the Secretary of Health and Human Services
(referred to in this agreement as the ``Secretary''), for and
on behalf of the United States pursuant to title I of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.) and by the authority of the ____ tribal
government or tribal organization (referred to in this
agreement as the ``Contractor''). The provisions of title I
of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.) are incorporated in this agreement.
`` `(2) Purpose.--Each provision of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et
seq.) and each provision of this Contract shall be liberally
construed for the benefit of the Contractor to transfer the
funding and the following related functions, services,
activities, and programs (or portions thereof), that are
otherwise contractable under section 102(a) of such Act,
including all related administrative functions, from the
Federal Government to the Contractor: (List functions,
services, activities, and programs).
`` `(b) Terms, Provisions, and Conditions.--
`` `(1) Term.--Pursuant to section 105(c)(1) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450j(c)(1)), the term of this contract shall be ____ years.
Pursuant to section 105(d)(1) of such Act (25 U.S.C.
450j(d)), upon the election by the Contractor, the period of
this Contract shall be determined on the basis of a calendar
year, unless the Secretary and the Contractor agree on a
different period in the annual funding agreement incorporated
by reference in subsection (f)(2).
`` `(2) Effective date.--This Contract shall become
effective upon the date of the approval and execution by the
Contractor and the Secretary, unless the Contractor and the
Secretary agree on an effective date other than the date
specified in this paragraph.
`` `(3) Program standard.--The Contractor agrees to
administer the program, services, functions and activities
(or portions thereof) listed in subsection (a)(2) of the
Contract in conformity with the following standards: (list
standards).
`` `(4) Funding amount.--Subject to the availability of
appropriations, the Secretary shall make available to the
Contractor the total amount specified in the annual funding
agreement incorporated by reference in subsection (f)(2).
Such amount shall not be less than the applicable amount
determined pursuant to section 106(a) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450j-
1).
`` `(5) Limitation of costs.--The Contractor shall not be
obligated to continue performance that requires an
expenditure of funds in excess of the amount of funds awarded
under this Contract. If, at any time, the Contractor has
reason to believe that the total amount required for
performance of this Contract or a specific activity conducted
under this Contract would be greater than the amount of funds
awarded under this Contract, the Contractor shall provide
rea-
[[Page 2387]]
sonable notice to the appropriate Secretary. If the
appropriate Secretary does not take such action as may be
necessary to increase the amount of funds awarded under this
Contract, the Contractor may suspend performance of the
Contract until such time as additional funds are awarded.
`` `(6) Payment.--
`` `(A) In general.--Payments to the Contractor under this
Contract shall--
`` `(i) be made as expeditiously as practicable; and
`` `(ii) include financial arrangements to cover funding
during periods covered by joint resolutions adopted by
Congress making continuing appropriations, to the extent
permitted by such resolutions.
`` `(B) Quarterly, semiannual, lump-sum, and other methods
of payment.--
`` `(i) In general.--Pursuant to section 108(b) of the
Indian Self-Determination and Education Assistance Act, and
notwithstanding any other provision of law, for each fiscal
year covered by this Contract, the Secretary shall make
available to the Contractor the funds specified for the
fiscal year under the annual funding agreement incorporated
by reference pursuant to subsection (f)(2) by paying to the
Contractor, on a quarterly basis, one-quarter of the total
amount provided for in the annual funding agreement for that
fiscal year, in a lump-sum payment or as semiannual payments,
or any other method of payment authorized by law, in
accordance with such method as may be requested by the
Contractor and specified in the annual funding agreement.
`` `(ii) Method of quarterly payment.--If quarterly
payments are specified in the annual funding agreement
incorporated by reference pursuant to subsection (f)(2), each
quarterly payment made pursuant to clause (i) shall be made
on the first day of each quarter of the fiscal year, except
that in any case in which the contract year coincides with
the Federal fiscal year, payment for the first quarter shall
be made not later than the date that is 10 calendar days
after the date on which the Office of Management and Budget
apportions the appropriations for the fiscal year for the
programs, services, functions, and activities subject to this
Contract.
`` `(iii) Applicability.--Chapter 39 of title 31, United
States Code, shall apply to the payment of funds due under
this Contract and the annual funding agreement referred to in
clause (i).
`` `(7) Records and monitoring.--
`` `(A) In general.--Except for previously provided copies
of tribal records that the Secretary demonstrates are clearly
required to be maintained as part of the recordkeeping system
of the Department of the Interior or the Department of Health
and Human Services (or both), records of the Contractor shall
not be considered Federal records for purposes of chapter 5
of title 5, United States Code.
`` `(B) Recordkeeping system.--The Contractor shall
maintain a recordkeeping system and, upon reasonable advance
request, provide reasonable access to such records to the
Secretary.
`` `(C) Responsibilities of contractor.--The Contractor
shall be responsible for managing the day-to-day operations
conducted under this Contract and for monitoring activities
conducted under this Contract to ensure compliance with the
contract and applicable Federal requirements. With respect to
the monitoring activities of the Secretary, the routine
monitoring visits shall be limited to not more than one
performance monitoring visit for this Contract by the head of
each operating division, departmental bureau, or departmental
agency, or duly authorized representative of such head
unless--
`` `(i) the Contractor agrees to one or more additional
visits; or
`` `(ii) the appropriate official determines that there is
reasonable cause to believe that grounds for reassumption of
the Contract, suspension of contract payments, or other
serious contract performance deficiency may exist.
No additional visit referred to in clause (ii) shall be made
until such time as reasonable advance notice that includes a
description of the nature of the problem that requires the
additional visit has been given to the Contractor.
`` `(8) Property.--
`` `(A) In general.--As provided in section 105(f) of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450j(f)), at the request of the Contractor, the
Secretary may make available, or transfer to the Contractor,
all reasonably divisible real property, facilities,
equipment, and personal property that the Secretary has used
to provide or administer the programs, services, functions,
and activities covered by this Contract. A mutually agreed
upon list specifying the property, facilities, and equipment
so furnished shall also be prepared by the Secretary, with
the concurrence of the Contractor, and periodically revised
by the Secretary, with the concurrence of the Contractor.
`` `(B) Records.--The Contractor shall maintain a record of
all property referred to in subparagraph (A) or other
property acquired by the Contractor under section
105(f)(2)(A) of such Act for purposes of replacement.
`` `(C) Joint use agreements.--Upon the request of the
Contractor, the Secretary and the Contractor shall enter into
a separate joint use agreement to address the shared use by
the parties of real or personal property that is not
reasonably divisible.
`` `(D) Acquisition of property.--The Contractor is granted
the authority to acquire such excess property as the
Contractor may determine to be appropriate in the judgment of
the Contractor to support the programs, services, functions,
and activities operated pursuant to this Contract.
`` `(E) Confiscated or excess property.--The Secretary
shall assist the Contractor in obtaining such confiscated or
excess property as may become available to tribes, tribal
organizations, or local governments.
`` `(F) Screener identification card.--A screener
identification card (General Services Administration form
numbered 2946) shall be issued to the Contractor not later
than the effective date of this Contract. The designated
official shall, upon request, assist the Contractor in
securing the use of the card.
`` `(G) Capital equipment.--The Contractor shall determine
the capital equipment, leases, rentals, property, or services
the Contractor requires to perform the obligations of the
Contractor under this subsection, and shall acquire and
maintain records of such capital equipment, property rentals,
leases, property, or services through applicable procurement
procedures of the Contractor.
`` `(9) Availability of funds.--Notwithstanding any other
provision of law, any funds provided under this contract--
`` `(A) shall remain available until expended; and
`` `(B) with respect to such funds, no further--
`` `(i) approval by the Secretary, or
`` `(ii) justifying documentation from the Contractor,
shall be required prior to the expenditure of such funds.
`` `(10) Transportation.--Beginning on the effective date
of this Contract, the Secretary shall authorize the
Contractor to obtain interagency motor pool vehicles and
related services for performance of any activities carried
out under this Contract.
`` `(11) Federal program guidelines, manuals, or policy
directives.--Except as specifically provided in the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450 et seq.) the Contractor is not required to abide by
program guidelines, manuals, or policy directives of the
Secretary, unless otherwise agreed to by the Contractor and
the Secretary, or otherwise required by law.
`` `(12) Disputes.--
`` `(A) Third-party mediation defined.--For the purposes of
this Contract, the term ``third-party mediation'' means a
form of mediation whereby the Secretary and the Contractor
nominate a third party who is not employed by or
significantly involved with the Secretary of the Interior,
the Secretary of Health and Human Services, or the
Contractor, to serve as a third-party mediator to mediate
disputes under this Contract.
`` `(B) Alternative procedures.--In addition to, or as an
alternative to, remedies and procedures prescribed by section
110 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450m-1), the parties to this Contract may
jointly--
`` `(i) submit disputes under this Contract to third-party
mediation;
`` `(ii) submit the dispute to the adjudicatory body of the
Contractor, including the tribal court of the Contractor;
`` `(iii) submit the dispute to mediation processes
provided for under the laws, policies, or procedures of the
Contractor; or
`` `(iv) use the administrative dispute resolution
processes authorized in subchapter IV of chapter 5 of title
5, United States Code.
`` `(C) Effect of decisions.--The Secretary shall be bound
by decisions made pursuant to the processes set forth in
subparagraph (B), except that the Secretary shall not be
bound by any decision that significantly conflicts with the
interests of Indians or the United States.
`` `(13) Administrative procedures of contractor.--Pursuant
to the Indian Civil Rights Act of 1968 (25 U.S.C. 1301 et
seq.), the laws, policies, and procedures of the Contractor
shall provide for administrative due process (or the
equivalent of administrative due process) with respect to
programs, services, functions, and activities that are
provided by the Contractor pursuant to this Contract.
`` `(14) Successor annual funding agreement.--
`` `(A) In general.--Negotiations for a successor annual
funding agreement, provided for in subsection (f)(2), shall
begin not later than 120 days prior to the conclusion of the
preceding annual funding agreement. Except as provided in
section 105(c)(2) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450j(c)(2)) the funding
for each such successor annual funding agreement shall only
be reduced pursuant to section 106(b) of such Act (25 U.S.C.
450j-1(b)).
`` `(B) Information.--The Secretary shall prepare and
supply relevant information, and promptly comply with any
request by the Contractor for information that the Contractor
reasonably needs to determine the amount of funds that may be
available for a successor annual funding agreement, as
provided for in subsection (f)(2) of this Contract.
`` `(15) Contract requirements; approval by secretary.--
`` `(A) In general.--Except as provided in subparagraph
(B), for the term of the Contract, section 2103 of the
Revised Statutes (25 U.S.C. 81) and section 16 of the Act of
June 18, 1934 (48 Stat. 987, chapter 576; 25 U.S.C. 476),
shall not apply to any contract entered into in connection
with this Contract.
`` `(B) Requirements.--Each Contract entered into by the
Contractor with a third party in connection with performing
the ob-
[[Page 2388]]
ligations of the Contractor under this Contract shall--
`` `(i) be in writing;
`` `(ii) identify the interested parties, the authorities
of such parties, and purposes of the Contract;
`` `(iii) state the work to be performed under the
Contract; and
`` `(iv) state the process for making any claim, the
payments to be made, and the terms of the Contract, which
shall be fixed.
`` `(c) Obligation of the Contractor.--
`` `(1) Contract performance.--Except as provided in
subsection (d)(2), the Contractor shall perform the programs,
services, functions, and activities as provided in the annual
funding agreement under subsection (f)(2) of this Contract.
`` `(2) Amount of funds.--The total amount of funds to be
paid under this Contract pursuant to section 106(a) shall be
determined in an annual funding agreement entered into
between the Secretary and the Contractor, which shall be
incorporated into this Contract.
`` `(3) Contracted programs.--Subject to the availability
of appropriated funds, the Contractor shall administer the
programs, services, functions, and activities identified in
this Contract and funded through the annual funding agreement
under subsection (f)(2).
`` `(4) Trust services for individual indians.--
`` `(A) In general.--To the extent that the annual funding
agreement provides funding for the delivery of trust services
to individual Indians that have been provided by the
Secretary, the Contractor shall maintain at least the same
level of service as the Secretary provided for such
individual Indians, subject to the availability of
appropriated funds for such services.
`` `(B) Trust services to individual indians.--For the
purposes of this paragraph only, the term ``trust services
for individual Indians'' means only those services that
pertain to land or financial management connected to
individually held allotments.
`` `(5) Fair and uniform services.--The Contractor shall
provide services under this Contract in a fair and uniform
manner and shall provide access to an administrative or
judicial body empowered to adjudicate or otherwise resolve
complaints, claims, and grievances brought by program
beneficiaries against the Contractor arising out of the
performance of the Contract.
`` `(d) Obligation of the United States.--
`` `(1) Trust responsibility.--
`` `(A) In general.--The United States reaffirms the trust
responsibility of the United States to the ____ Indian
tribe(s) to protect and conserve the trust resources of the
Indian tribe(s) and the trust resources of individual
Indians.
`` `(B) Construction of contract.--Nothing in this Contract
may be construed to terminate, waive, modify, or reduce the
trust responsibility of the United States to the tribe(s) or
individual Indians. The Secretary shall act in good faith in
upholding such trust responsibility.
`` `(2) Good faith.--To the extent that health programs are
included in this Contract, and within available funds, the
Secretary shall act in good faith in cooperating with the
Contractor to achieve the goals set forth in the Indian
Health Care Improvement Act (25 U.S.C. 1601 et seq.).
`` `(3) Programs retained.--As specified in the annual
funding agreement, the United States hereby retains the
programs, services, functions, and activities with respect to
the tribe(s) that are not specifically assumed by the
Contractor in the annual funding agreement under subsection
(f)(2).
`` `(e) Other Provisions.--
`` `(1) Designated officials.--Not later than the effective
date of this Contract, the United States shall provide to the
Contractor, and the Contractor shall provide to the United
States, a written designation of a senior official to serve
as a representative for notices, proposed amendments to the
Contract, and other purposes for this Contract.
`` `(2) Contract modifications or amendment.--
`` `(A) In general.--Except as provided in subparagraph
(B), no modification to this Contract shall take effect
unless such modification is made in the form of a written
amendment to the Contract, and the Contractor and the
Secretary provide written consent for the modification.
`` `(B) Exception.--The addition of supplemental funds for
programs, functions, and activities (or portions thereof)
already included in the annual funding agreement under
subsection (f)(2), and the reduction of funds pursuant to
section 106(b)(2), shall not be subject to subparagraph (A).
`` `(3) Officials not to benefit.--No Member of Congress,
or resident commissioner, shall be admitted to any share or
part of any contract executed pursuant to this Contract, or
to any benefit that may arise from such contract. This
paragraph may not be construed to apply to any contract with
a third party entered into under this Contract if such
contract is made with a corporation for the general benefit
of the corporation.
`` `(4) Covenant against contingent fees.--The parties
warrant that no person or selling agency has been employed or
retained to solicit or secure any contract executed pursuant
to this Contract upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee,
excepting bona fide employees or bona fide established
commercial or selling agencies maintained by the Contractor
for the purpose of securing business.
`` `(f) Attachments.--
`` `(1) Approval of contract.--Unless previously furnished
to the Secretary, the resolution of the ____ Indian tribe(s)
authorizing the contracting of the programs, services,
functions, and activities identified in this Contract is
attached to this Contract as attachment 1.
`` `(2) Annual funding agreement.--
`` `(A) In general.--The annual funding agreement under
this Contract shall only contain--
`` `(i) terms that identify the programs, services,
functions, and activities to be performed or administered,
the general budget category assigned, the funds to be
provided, and the time and method of payment; and
`` `(ii) such other provisions, including a brief
description of the programs, services, functions, and
activities to be performed (including those supported by
financial resources other than those provided by the
Secretary), to which the parties agree.
`` `(B) Incorporation by reference.--The annual funding
agreement is hereby incorporated in its entirety in this
Contract and attached to this Contract as attachment 2.' ''.
SEC. 104. ADDITIONAL AMENDMENTS.
The Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.), as amended by sections 102 and 103,
is further amended--
(1) in section 109--
(A) by inserting after ``pursuant to such contract or grant
agreement,'' the following ``or in the management of trust
fund, trust lands or interests in such lands pursuant to such
contract or grant agreement,'';
(B) by striking ``action as prescribed by him'' and all
that follows through ``in such cases, he'' and inserting the
following: ``action as prescribed by the Secretary to remedy
the contract deficiency, except that the appropriate
Secretary may, upon written notice to a tribal organization,
and the tribe served by the tribal organization, immediately
rescind a contract or grant, in whole or in part, and resume
control or operation of a program, activity, function, or
service, if the Secretary finds that (i) there is an
immediate threat of imminent harm to the safety of any
person, or imminent substantial and irreparable harm to trust
funds, trust lands, or interests in such lands, and (ii) such
threat arises from the failure of the contractor to fulfill
the requirements of the contract. In such cases, the
Secretary'';
(C) by inserting after ``rescind such contract or grant
agreement'' the following: ``, in whole or in part,'';
(D) by striking the second period after ``the tribal
organization may approve''; and
(E) by inserting before the last sentence, the following
new sentence: ``In any hearing or appeal provided for under
this section, the Secretary shall have the burden of proof to
establish, by clearly demonstrating the validity of the
grounds for rescinding, assuming, or reassuming the contract
that is the subject of the hearing.'';
(2) in section 110(a), by inserting immediately before the
period at the end the following: ``(including immediate
injunctive relief to reverse a declination finding under
section 102(a)(2) or to compel the Secretary to award and
fund an approved self-determination contract)''; and
(3) in section 110(d), by inserting immediately before the
period at the end the following: ``, except that all
administrative appeals relating to such contracts shall be
heard by the Interior Board of Contract Appeals established
pursuant to section 8 of such Act (41 U.S.C. 607)''.
SEC. 105. REGULATIONS.
The Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.), as amended by sections 2 through 4,
is further amended--
(1) by striking subsections (a) and (b) of section 107 and
inserting the following new subsections:
``(a)(1) Except as may be specifically authorized in this
subsection, or in any other provision of this Act, the
Secretary of the Interior and the Secretary of Health and
Human Services may not promulgate any regulation, nor impose
any nonregulatory requirement, relating to self-determination
contracts or the approval, award, or declination of such
contracts, except that the Secretary of the Interior and the
Secretary of Health and Human Services may promulgate
regulations under this Act relating to chapter 171 of title
28, United States Code, commonly known as the `Federal Tort
Claims Act', the Contract Disputes Act of 1978 (41 U.S.C. 601
et seq.), declination and waiver procedures, appeal
procedures, reassumption procedures, discretionary grant
procedures for grants awarded under section 103, property
donation procedures arising under section 105(f), internal
agency procedures relating to the implementation of this Act,
retrocession and tribal organization relinquishment
procedures, contract proposal contents, conflicts of
interest, construction, programmatic reports and data
requirements, procurement standards, property management
standards, and financial management standards.
``(2)(A) The regulations promulgated under this Act,
including the regulations referred to in this subsection,
shall be promulgated--
``(i) in conformance with sections 552 and 553 of title 5,
United States Code and subsections (c), (d), and (e) of this
section; and
``(ii) as a single set of regulations in title 25 of the
Code of Federal Regulations.
[[Page 2389]]
``(B) The authority to promulgate regulations set forth in
this Act shall expire if final regulations are not
promulgated within 18 months after the date of enactment of
the Indian Self-Determination Contract Reform Act of 1994.
``(b) The provisions of this Act shall supersede any
conflicting provisions of law (including any conflicting
regulations) in effect on the day before the date of
enactment of the Indian Self-Determination Contract Reform
Act of 1994, and the Secretary is authorized to repeal any
regulation inconsistent with the provisions of this Act.'';
and
(2) by adding at the end of section 107, the following new
subsections:
``(d)(1) In drafting and promulgating regulations as
provided in subsection (a) (including drafting and
promulgating any revised regulations), the Secretary of the
Interior and the Secretary of Health and Human Services shall
confer with, and allow for active participation by,
representatives of Indian tribes, tribal organizations, and
individual tribal members.
``(2)(A) In carrying out rulemaking processes under this
Act, the Secretary of the Interior and the Secretary of
Health and Human Services shall follow the guidance of--
``(i) subchapter III of chapter 5 of title 5, United States
Code, commonly known as the `Negotiated Rulemaking Act of
1990'; and
``(ii) the recommendations of the Administrative Conference
of the United States numbered 82-4 and 85-5 entitled
`Procedures for Negotiating Proposed Regulations' under
sections 305.82-4 and 305.85-5 of title 1, Code of Federal
Regulations, and any successor recommendation or law
(including any successor regulation).
``(B) The tribal participants in the negotiation process
referred to in subparagraph (A) shall be nominated by and
shall represent the groups described in this paragraph and
shall include tribal representatives from all geographic
regions.
``(C) The negotiations referred to in subparagraph (B)
shall be conducted in a timely manner. Proposed regulations
to implement the amendments made by the Indian Self-
Determination Contract Reform Act of 1994 shall be published
in the Federal Register by the Secretary of the Interior and
the Secretary of Health and Human Services not later than 180
days after the date of enactment of such Act.
``(D) Notwithstanding any other provision of law (including
any regulation), the Secretary of the Interior and the
Secretary of Health and Human Services are authorized to
jointly establish and fund such interagency committees or
other interagency bodies, including advisory bodies comprised
of tribal representatives, as may be necessary or appropriate
to carry out the provisions of this Act.
``(E) If the Secretary determines that an extension of the
deadlines under subsection (a)(2)(B) and subparagraph (C) of
this paragraph is appropriate, the Secretary may submit
proposed legislation to Congress for the extension of such
deadlines.
``(e) The Secretary may, with respect to a contract entered
into under this Act, make exceptions in the regulations
promulgated to carry out this Act, or waive such regulations,
if the Secretary finds that such exception or waiver is in
the best interest of the Indians served by the contract or is
consistent with the policies of this Act, and is not contrary
to statutory law. In reviewing each request, the Secretary
shall follow the timeline, findings, assistance, hearing, and
appeal procedures set forth in section 102.''.
SEC. 106. CONFORMING AMENDMENTS.
Section 105(h) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450j(h)) is amended by
striking ``and the rules and regulations adopted by the
Secretaries of the Interior and Health and Human Services
pursuant to section 107 of this Act''.
TITLE II--SELF-GOVERNANCE
SEC. 201. SHORT TITLE.
This title may be cited as the ``Tribal Self-Governance Act
of 1994''.
SEC. 202. FINDINGS.
Congress finds that--
(1) the tribal right of self-government flows from the
inherent sovereignty of Indian tribes and nations;
(2) the United States recognizes a special government-to-
government relationship with Indian tribes, including the
right of the tribes to self-governance, as reflected in the
Constitution, treaties, Federal statutes, and the course of
dealings of the United States with Indian tribes;
(3) although progress has been made, the Federal
bureaucracy, with its centralized rules and regulations, has
eroded tribal self-governance and dominates tribal affairs;
(4) the Tribal Self-Governance Demonstration Project was
designed to improve and perpetuate the government-to-
government relationship between Indian tribes and the United
States and to strengthen tribal control over Federal funding
and program management; and
(5) Congress has reviewed the results of the Tribal Self-
Governance Demonstration Project and finds that--
(A) transferring control to tribal governments, upon tribal
request, over funding and decisionmaking for Federal
programs, services, functions, and activities, or portions
thereof, is an effective way to implement the Federal policy
of government-to-government relations with Indian tribes; and
(B) transferring control to tribal governments, upon tribal
request, over funding and decisionmaking for Federal
programs, services, functions, and activities strengthens the
Federal policy of Indian self-determination.
SEC. 203. DECLARATION OF POLICY.
It is the policy of this title to permanently establish and
implement tribal self-governance--
(1) to enable the United States to maintain and improve its
unique and continuing relationship with, and responsibility
to, Indian tribes;
(2) to permit each Indian tribe to choose the extent of the
participation of such tribe in self-governance;
(3) to coexist with the provisions of the Indian Self-
Determination Act relating to the provision of Indian
services by designated Federal agencies;
(4) to ensure the continuation of the trust responsibility
of the United States to Indian tribes and Indian individuals;
(5) to permit an orderly transition from Federal domination
of programs and services to provide Indian tribes with
meaningful authority to plan, conduct, redesign, and
administer programs, services, functions, and activities that
meet the needs of the individual tribal communities; and
(6) to provide for an orderly transition through a planned
and measurable parallel reduction in the Federal bureaucracy.
SEC. 204. TRIBAL SELF-GOVERNANCE.
The Indian Self-Determination and Education Assistance Act
is amended by adding at the end the following new title:
``TITLE IV--TRIBAL SELF-GOVERNANCE
``SEC. 401. ESTABLISHMENT.
``The Secretary of the Interior (hereinafter in this title
referred to as the `Secretary') shall establish and carry out
a program within the Department of the Interior to be known
as Tribal Self-Governance (hereinafter in this title referred
to as `Self-Governance') in accordance with this title.
``SEC. 402. SELECTION OF PARTICIPATING INDIAN TRIBES.
``(a) Continuing Participation.--Each Indian tribe that is
participating in the Tribal Self-Governance Demonstration
Project at the Department of the Interior under title III on
the date of enactment of this title shall thereafter
participate in Self-Governance under this title and cease
participation in the Tribal Self-Governance Demonstration
Project under title III with respect to the Department of the
Interior.
``(b) Additional Participants.--(1) In addition to those
Indian tribes participating in Self-Governance under
subsection (a), the Secretary, acting through the Director of
the Office of Self-Governance, may select up to 20 new tribes
per year from the applicant pool described in subsection (c)
to participate in Self-Governance.
``(2) If each tribe requests, two or more otherwise
eligible Indian tribes may be treated as a single Indian
tribe for the purpose of participating in Self-Governance as
a consortium.
``(c) Applicant Pool.--The qualified applicant pool for
Self-Governance shall consist of each tribe that--
``(1) successfully completes the planning phase described
in subsection (d);
``(2) has requested participation in Self-Governance by
resolution or other official action by the tribal governing
body; and
``(3) has demonstrated, for the previous three fiscal
years, financial stability and financial management
capability as evidenced by the tribe having no material audit
exceptions in the required annual audit of the self-
determination contracts of the tribe.
``(d) Planning Phase.--Each Indian tribe seeking to begin
participation in Self-Governance shall complete a planning
phase in accordance with this subsection. The tribe shall be
eligible for a grant to plan and negotiate participation in
Self-Governance. The planning phase shall include--
``(1) legal and budgetary research; and
``(2) internal tribal government planning and
organizational preparation.
``SEC. 403. FUNDING AGREEMENTS.
``(a) Authorization.--The Secretary shall negotiate and
enter into an annual written funding agreement with the
governing body of each participating tribal government in a
manner consistent with the Federal Government's laws and
trust relationship to and responsibility for the Indian
people.
``(b) Contents.--Each funding agreement shall--
``(1) authorize the tribe to plan, conduct, consolidate,
and administer programs, services, functions, and activities,
or portions thereof, administered by the Department of the
Interior through the Bureau of Indian Affairs, without regard
to the agency or office of the Bureau of Indian Affairs
within which the program, service, function, and activity, or
portion thereof, is performed, including funding for agency,
area, and central office functions in accordance with
subsection (g)(3), and including any program, service,
function, and activity, or portion thereof, administered
under the authority of--
``(A) the Act of April 16, 1934 (25 U.S.C. 452 et seq.);
``(B) the Act of November 2, 1921 (25 U.S.C. 13); and
``(C) programs, services, functions, and activities or
portions thereof administered by the Secretary of the
Interior that are otherwise available to Indian tribes or
Indians for which appropriations are made to agencies other
than the Department of the Interior;
``(2) subject to such terms as may be negotiated, authorize
the tribe to plan, conduct,
[[Page 2390]]
consolidate, and administer programs, services, functions,
and activities, or portions thereof, administered by the
Department of the Interior, other than through the Bureau of
Indian Affairs, that are otherwise available to Indian tribes
or Indians, as identified in section 405(c), except that
nothing in this subsection may be construed to provide any
tribe with a preference with respect to the opportunity of
the tribe to administer programs, services, functions, and
activities, or portions thereof, unless such preference is
otherwise provided for by law;
``(3) subject to the terms of the agreement, authorize the
tribe to redesign or consolidate programs, services,
functions, and activities, or portions thereof, and
reallocate funds for such programs, services, functions, and
activities, or portions thereof, except that, with respect to
the reallocation, consolidation, and redesign of programs
described in paragraph (2), a joint agreement between the
Secretary and the tribe shall be required;
``(4) prohibit the inclusion of funds provided--
``(A) pursuant to the Tribally Controlled Community College
Assistance Act of 1978 (25 U.S.C. 1801 et seq.);
``(B) for elementary and secondary schools under the
formula developed pursuant to section 1128 of the Education
Amendments of 1978 (25 U.S.C. 2008); and
``(C) the Flathead Agency Irrigation Division or the
Flathead Agency Power Division, except that nothing in this
section shall affect the contract authority of such divisions
under section 102;
``(5) specify the services to be provided, the functions to
be performed, and the responsibilities of the tribe and the
Secretary pursuant to the agreement;
``(6) authorize the tribe and the Secretary to reallocate
funds or modify budget allocations within any year, and
specify the procedures to be used;
``(7) allow for retrocession of programs or portions of
programs pursuant to section 105(e);
``(8) provide that, for the year for which, and to the
extent to which, funding is provided to a tribe under this
section, the tribe--
``(A) shall not be entitled to contract with the Secretary
for such funds under section 102, except that such tribe
shall be eligible for new programs on the same basis as other
tribes; and
``(B) shall be responsible for the administration of
programs, services, functions, and activities pursuant to
agreements entered into under this section; and
``(9) prohibit the Secretary from waiving, modifying, or
diminishing in any way the trust responsibility of the United
States with respect to Indian tribes and individual Indians
that exists under treaties, Executive orders, and other laws.
``(c) Additional Activities.--Each funding agreement
negotiated pursuant to subsections (a) and (b) may, in
accordance to such additional terms as the parties deem
appropriate, also include other programs, services,
functions, and activities, or portions thereof, administered
by the Secretary of the Interior which are of special
geographic, historical, or cultural significance to the
participating Indian tribe requesting a compact.
``(d) Provisions Relating to the Secretary.--Funding
agreements negotiated between the Secretary and an Indian
tribe shall include provisions--
``(1) to monitor the performance of trust functions by the
tribe through the annual trust evaluation, and
``(2) for the Secretary to reassume a program, service,
function, or activity, or portions thereof, if there is a
finding of imminent jeopardy to a physical trust asset,
natural resources, or public health and safety.
``(e) Construction Projects.--(1) Regarding construction
programs or projects, the Secretary and Indian tribes may
negotiate for the inclusion of specific provisions of the
Office of Federal Procurement and Policy Act and Federal
acquisition regulations in any funding agreement entered into
under this Act. Absent a negotiated agreement, such
provisions and regulatory requirements shall not apply.
``(2) In all construction projects performed pursuant to
this title, the Secretary shall ensure that proper health and
safety standards are provided for in the funding agreements.
``(f) Submission for Review.--Not later than 90 days before
the proposed effective date of an agreement entered into
under this section, the Secretary shall submit a copy of such
agreement to--
``(1) each Indian tribe that is served by the Agency that
is serving the tribe that is a party to the funding
agreement;
``(2) the Committee on Indian Affairs of the Senate; and
``(3) the Subcommittee on Native American Affairs of the
Committee on Natural Resources of the House of
Representatives.
``(g) Payment.--(1) At the request of the governing body of
the tribe and under the terms of an agreement entered into
under this section, the Secretary shall provide funding to
the tribe to carry out the agreement.
``(2) The funding agreements authorized by this title and
title III of this Act shall provide for advance payments to
the tribes in the form of annual or semi-annual installments
at the discretion of the tribes.
``(3) Subject to paragraph (4) of this subsection and
paragraphs (1) through (3) of subsection (b), the Secretary
shall provide funds to the tribe under an agreement under
this title for programs, services, functions, and activities,
or portions thereof, in an amount equal to the amount that
the tribe would have been eligible to receive under contracts
and grants under this Act, including amounts for direct
program and contract support costs and, in addition, any
funds that are specifically or functionally related to the
provision by the Secretary of services and benefits to the
tribe or its members, without regard to the organization
level within the Department where such functions are carried
out.
``(4) Funds for trust services to individual Indians shall
be available under an agreement entered into under this
section only to the extent that the same services that would
have been provided by the Secretary are provided to
individual Indians by the tribe.
``(h) Civil Actions.--(1) Except as provided in paragraph
(2), for the purposes of section 110, the term `contract'
shall include agreements entered into under this title.
``(2) For the period that an agreement entered into under
this title is in effect, the provisions of section 2103 of
the Revised Statutes of the United States (25 U.S.C. 81), and
section 16 of the Act of June 18, 1934 (25 U.S.C. 476), shall
not apply to attorney and other professional contracts by
Indian tribal governments participating in Self-Governance
under this title.
``(i) Facilitation.--(1) Except as otherwise provided by
law, the Secretary shall interpret each Federal law and
regulation in a manner that will facilitate--
``(A) the inclusion of programs, services, functions, and
activities in the agreements entered into under this section;
and
``(B) the implementation of agreements entered into under
this section.
``(2)(A) A tribe may submit a written request for a waiver
to the Secretary identifying the regulation sought to be
waived and the basis for the request.
``(B) Not later than 60 days after receipt by the Secretary
of a written request by a tribe to waive application of a
Federal regulation for an agreement entered into under this
section, the Secretary shall either approve or deny the
requested waiver in writing to the tribe. A denial may be
made only upon a specific finding by the Secretary that
identified language in the regulation may not be waived
because such waiver is prohibited by Federal law. The
Secretary's decision shall be final for the Department.
``(j) Funds.--All funds provided under funding agreements
entered into pursuant to this Act, and all funds provided
under contracts or grants made pursuant to this Act, shall be
treated as non-Federal funds for purposes of meeting matching
requirements under any other Federal law.
``(k) Disclaimer.--Nothing in this section is intended or
shall be construed to expand or alter existing statutory
authorities in the Secretary so as to authorize the Secretary
to enter into any agreement under sections 403(b)(2) and
405(c)(1) with respect to functions that are inherently
Federal or where the statute establishing the existing
program does not authorize the type of participation sought
by the tribe: Provided, however an Indian tribe or tribes
need not be identified in the authorizing statute in order
for a program or element of a program to be included in a
compact under section 403(b)(2).
``SEC. 404. BUDGET REQUEST.
``The Secretary shall identify, in the annual budget
request of the President to the Congress under section 1105
of title 31, United States Code, any funds proposed to be
included in agreements authorized under this title.
``SEC. 405. REPORTS.
``(a) Requirement.--The Secretary shall submit to Congress
a written report on January 1 of each year following the date
of enactment of this title regarding the administration of
this title.
``(b) Contents.--The report shall--
``(1) identify the relative costs and benefits of Self-
Governance;
``(2) identify, with particularity, all funds that are
specifically or functionally related to the provision by the
Secretary of services and benefits to Self-Governance tribes
and their members;
``(3) identify the funds transferred to each Self-
Governance tribe and the corresponding reduction in the
Federal bureaucracy;
``(4) include the separate views of the tribes; and
``(5) include the funding formula for individual tribal
shares of Central Office funds, together with the comments of
affected Indian tribes, developed under subsection (d).
``(c) Report on Non-BIA Programs.--(1) In order to optimize
opportunities for including non-Bureau of Indian Affairs
programs, services, functions, and activities, or portions
thereof, in agreements with tribes participating in Self-
Governance under this title, the Secretary shall--
``(A) review all programs, services, functions, and
activities, or portions thereof, administered by the
Department of the Interior, other than through the Bureau of
Indian Affairs, without regard to the agency or office
concerned; and
``(B) not later than 90 days after the date of enactment of
this title, provide to the appropriate committees of Congress
a listing of all such programs, services, functions, and
activities, or portions thereof, that the Secretary
determines, with the concurrence of tribes participating in
Self-Governance under this title, are eligible for inclusion
in such agreements at the request of a participating Indian
tribe.
``(2) The Secretary shall establish programmatic targets,
after consultation with
[[Page 2391]]
tribes participating in Self-Governance under this title, to
encourage bureaus of the Department to assure that a
significant portion of such programs, services, functions,
and activities are actually included in the agreements
negotiated under section 403.
``(3) The listing and targets under paragraphs (1) and (2)
shall be published in the Federal Register and be made
available to any Indian tribe participating in Self-
Governance under this title. The list shall be published
before January 1, 1995, and annually thereafter by January 1
preceding the fiscal year in which the targets are to be met.
``(4) Thereafter, the Secretary shall annually review and
publish in the Federal Register, after consultation with
tribes participating in Self-Governance under this title, a
revised listing and programmatic targets.
``(d) Report on Central Office Funds.--Within 90 days after
the date of the enactment of this title, the Secretary shall,
in consultation with Indian tribes, develop a funding formula
to determine the individual tribal share of funds controlled
by the Central Office of the Bureau of Indian Affairs for
inclusion in the Self-Governance compacts. The Secretary
shall include such formula in the annual report submitted to
the Congress under subsection (b), together with the views of
the affected Indian tribes.
``SEC. 406. DISCLAIMERS.
``(a) Other Services, Contracts, and Funds.--Nothing in
this title shall be construed to limit or reduce in any way
the services, contracts, or funds that any other Indian tribe
or tribal organization is eligible to receive under section
102 or any other applicable Federal law.
``(b) Federal Trust Responsibilities.--Nothing in this Act
shall be construed to diminish the Federal trust
responsibility to Indian tribes, individual Indians, or
Indians with trust allotments.
``(c) Application of Other Sections of Act.--All provisions
of sections 6, 102(c), 104, 105(f), 110, and 111 of this Act
shall apply to agreements provided under this title.
``SEC. 407. REGULATIONS.
``(a) In General.--Not later than 90 days after the date of
enactment of this title, at the request of a majority of the
Indian tribes with agreements under of this title, the
Secretary shall initiate procedures under subchapter III of
chapter 5 of title 5, United States Code, to negotiate and
promulgate such regulations as are necessary to carry out
this title.
``(b) Committee.--A negotiated rulemaking committee
established pursuant to section 565 of title 5, United States
Code, to carry out this section shall have as its members
only Federal and tribal government representatives, a
majority of whom shall be representatives of Indian tribes
with agreements under this title.
``(c) Adaptation of Procedures.--The Secretary shall adapt
the negotiated rulemaking procedures to the unique context of
Self-Governance and the government-to-government relationship
between the United States and the Indian tribes.
``(d) Effect.--The lack of promulgated regulations shall
not limit the effect of this title.
``SEC. 408. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as may
be necessary to carry out this title.''.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title, and passed.
By unanimous consent, the title was amended so as to read: ``A bill to
specify the terms of contracts entered into by the United States and
Indian tribal organizations under Indian Self-Determination and
Education Assistance Act and to provide for tribal Self-Governance, and
for other purposes.''.
A motion to reconsider the votes whereby the bill, as amended, was
passed and the title was amended was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 121.43 export of defense articles
On motion of Mr. FRANK, by unanimous consent, the bill (H.R. 4455) to
authorize the Export-Import Bank of the United States to provide
financing for the export of nonlethal defense articles and defense
services the primary end use of which will be for civilian purposes;
together with the following amendment of the Senate thereto, was taken
from the Speaker's table:
Strike out all after the enacting clause and insert:
SECTION 1. AUTHORITY TO PROVIDE FINANCING FOR THE EXPORT OF
NONLETHAL DEFENSE ARTICLES OR SERVICES THE
PRIMARY END USE OF WHICH WILL BE FOR CIVILIAN
PURPOSES.
(a) In General.--Section 2(b)(6) of the Export-Import Bank
Act of 1945 (12 U.S.C. (b)(6)) is amended by adding at the
end the following:
``(I)(i) Subparagraph (A) shall not apply to a transaction
involving defense articles or services if--
``(I) the bank determines that--
``(aa) the defense articles or services are nonlethal; and
``(bb) the primary end use of the defense articles or
services will be for civilian purposes; and
``(II) at least 15 calendar days before the date on which
the Board of Directors of the Bank gives final approval to
Bank participation in the transaction, the Bank provides
notice of the transaction to the Committees on Banking,
Finance and Urban Affairs and on Appropriations of the House
of Representatives and the Committees on Banking, Housing,
and Urban Affairs and on Appropriations of the Senate.
``(ii) Not more than 10 percent of the loan, guarantee, and
insurance authority available to the Bank for a fiscal year
may be used by the Bank to support the sale of defense
articles or services to which subparagraph (A) does not apply
by reason of clause (i) of this subparagraph.
``(iii) Not later than September 1 of each fiscal year, the
Comptroller General of the United States, in consultation
with the Bank, shall submit to the Committees on Banking,
Finance and Urban Affairs and on Appropriations of the House
of Representatives and the Committees on Banking, Housing,
and Urban Affairs and on Appropriations of the Senate a
report on the end uses of any defense articles or services
described in clause (i) with respect to which the Bank
provided support during the second preceding fiscal year.''.
(b) Report to the Congress.--Section 2(b)(6)(H) of the
Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(6)(H)) is
amended by inserting ``or described in subparagraph (I)(i)''
before the period at the end of the first sentence.
(c) Period of Effectiveness.--The amendments made by this
section shall remain in effect during the period beginning on
the date of enactment of this Act and ending on September 30,
1997.
SEC. 2. PROMOTION OF EXPORTS OF ENVIRONMENTALLY BENEFICIAL
GOODS AND SERVICES.
(a) In General.--The first section 11(b) of the Export-
Import Bank Act of 1945 (12 U.S.C. 635i-5(b)) is amended--
(1) by inserting before ``The Bank shall'' the following:
``(1) In general.--'';
(2) in the first sentence, by inserting before the period
``(such as exports of products and services used to aid in
the monitoring, abatement, control, or prevention of air,
water, and ground contaminants or pollution, or which provide
protection in the handling of toxic substances, subject to a
final determination by the Bank, and products and services
for foreign environmental projects dedicated entirely to the
prevention, control, or cleanup of air, water, or ground
pollution, including facilities to provide for control or
cleanup, and used in the retrofitting of facility equipment
for the sole purpose of mitigating, controlling, or
preventing adverse environmental effects, subject to a final
determination by the Bank)''; and
(3) by adding at the end the following:
``(2) Limitations on authorization of appropriations.--In
addition to other funds available to support the export of
goods and services described in paragraph (1), there are
authorized to be appropriated to the Bank not more than
$35,000,000 for the cost (as defined in section 502(5) of the
Federal Credit Reform Act of 1990) of supporting such
exports. If, in any fiscal year, the funds appropriated in
accordance with this paragraph are not fully utilized due to
insufficient qualified transactions for the export of such
goods and services, such funds may be expended for other
purposes eligible for support by the Bank.''.
(b) Technical Correction.--The Export-Import Bank Act of
1945 (12 U.S.C. 635 et seq.) is amended by redesignating the
second section 11 (12 U.S.C. 635i-8) as section 14.
On motion of Mr. FRANK, said Senate amendment was agreed to.
A motion to reconsider the vote whereby said Senate amendment was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 121.44 property at military installations
On motion of Mr. GONZALEZ, by unanimous consent, the bill of the
Senate (S. 2534) to revise and improve the process for disposings of
building and property at military installations under the base closure
laws; was taken from the Speaker's table.
When said bill was considered, read twice, ordered to be read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 121.45 waiving points of order against conference report--s. 1569
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-845) the resolution (H. Res. 574) waiving certain points of
order against the conference report to accompany the bill (S. 1569) to
amend the Public Health Service Act to establish, reauthorize and revise
provisions to im-
[[Page 2392]]
prove the health of individuals from disadvantaged backgrounds, and for
other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 121.46 providing for the consideration of senate amendment--h.r.
1348
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-846) the resolution (H. Res. 575) providing for the
consideration of the Senate amendment to the bill (H.R. 1348) to
establish the Quinebaugh and Shetucket Rivers Valley National Heritage
Corridor in the State of Connecticut, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 121.47 providing for the consideration of h.r. 5231
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-847) the resolution (H. Res. 576) providing for consideration of
the bill (H.R. 5231) to provide for the management of portions of the
Presidio under the Jurisdiction of the Secretary of the Interior.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 121.48 printing resolution
On motion of Mr. MANTON, by unanimous consent, the Committee on House
Administration was discharged from further consideration of the
following concurrent resolution (H. Con. Res. 292):
Resolved by the House of Representatives (the Senate
concurring), That a collection of statements made in tribute
to the late Speaker of the House of Representatives, Thomas
P. ``Tip'' O'Neill, Jr., together with related materials,
shall be printed as a House document, with illustrations and
suitable binding. The document shall be prepared under the
direction of the Joint Committee on Printing.
Sec. 2. In addition to the usual number, there shall be
printed the lesser of--
(1) 5,000 casebound copies of the document, of which 1,760
copies shall be for the use of the House of Representatives,
400 copies shall be for the use of the Senate, and 2,840
copies shall be for the use of the Joint Committee on
Printing; or
(2) such number of casebound copies of the document as does
not exceed a total production and printing cost of $79,500,
with distribution to be allocated in the same proportion as
described in paragraph (1).
When said concurrent resolution was considered and agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
Para. 121.49 printing resolution
On motion of Mr. MANTON, by unanimous consent, the Committee on House
Administration was discharged from further consideration of the
following concurrent resolution (H. Con. Res. 293):
Resolved by the House of Representatives (the Senate
concurring), That a revised edition of the book entitled
``History of the United States House of Representatives'',
prepared under the supervision of the Committee on House
Administration of the House of Representatives, shall be
printed as a House document.
Sec. 2. In addition to the usual number, there shall be
printed the lesser of--
(1) 10,000 casebound copies of the document, of which 9,500
copies shall be for the use of the Committee on House
Administration of the House of Representatives and 500 copies
shall be for the use of the Senate; or
(2) such number of casebound copies of the document as does
not exceed a total production printing cost of $150,000, with
such copies to be allocated in the same proportion as
described in paragraph (1).
When said concurrent resolution was considered.
The following amendments reported from the Committee on House
Administration were considered and agreed to:
Page 1, line 9, strike out ``10,000'' and insert in lieu
thereof ``5,000''.
Page 1, line 10, strike out ``9,500'' and insert in lieu
thereof ``4,750''.
Page 2, line 2, strike out ``500'' and insert in lieu
thereof ``250''.
Page 2, line 6, strike out ``$150,000'' and insert in lieu
thereof ``$75,000''.
Page 2, after line 8, add the following new section:
Sec. 3. Of the copies of the document for the use of the
Committee on House Administration of the House of
Representatives under section 2(1), at the request of a
Member of the House of Representatives, the Member shall be
entitled to receive at least 5 copies. The Committee shall
notify each Member of the entitlement under the preceding
sentence. As used in this section, the term ``Member of the
House of Representatives'' means a Representative in, or a
Delegate or Resident Commissioner to, the Congress.
The concurrent resolution, as amended, was agreed to.
A motion to reconsider the vote whereby said concurrent resolution, as
amended, was agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
Para. 121.50 printing resolution
On motion of Mr. MANTON, by unanimous consent, the Committee on House
Administration was discharged from further consideration of the
following concurrent resolution (H. Con. Res. 299):
Resolved by the House of Representatives (the Senate
concurring), That the book entitled ``Hispanic Americans in
Congress'', prepared under the direction of the Joint
Committee on Printing, shall be printed as a House document,
with illustrations and suitable binding.
Sec. 2. There shall be paid from the contingent fund of the
House of Representatives not more than $3,000 for
administrative costs of compiling the document.
Sec. 3. In addition to the usual number, there shall be
printed, for the use of the Joint Committee on Printing, the
lesser of--
(1) 25,000 copies of the document; or
(2) such number of copies of the document as does not
exceed a total production and print cost of $110,000.
When said concurrent resolution was considered.
The following amendment reported from the Committee on House
Administration was considered and agreed to:
Page 1, strike out lines 6 through 8.
Page 2, line 1, redesignate section 3 as section 2.
The concurrent resolution, as amended, was agreed to.
A motion to reconsider the vote whereby said concurrent resolution, as
amended, was agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
Para. 121.51 high-speed rail development
On motion of Mr. SWIFT, by unanimous consent, the bill (H.R. 4867) to
authorize appropriations for high-speed rail transportation, and for
other purposes; together with the following amendments of the Senate
thereto, was taken from the Speaker's table:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``High-Speed Ground
Transportation Development Act of 1994''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--
The Congress finds that--
(1) high-speed rail service offers safe transportation in
certain densely traveled corridors linking major metropolitan
areas in the United States;
(2) high-speed rail may have environmental advantages over
certain other forms of intercity transportation;
(3) Amtrak's Metroliner service between Washington,
District of Columbia, and New York, New York, the United
States premier high-speed rail service, has shown that
Americans will use high-speed rail when that transportation
option is available;
(4) new high-speed rail service should not receive Federal
subsidies for operating and maintenance expenses;
(5) State and local governments should take the prime
responsibility for the development and implementation of
high-speed rail service;
(6) the private sector should participate in funding the
development of high-speed rail systems;
(7) in some intercity corridors, Federal planning
assistance may be required to supplement the funding
commitments of State and local governments and the private
sector to ensure the adequate planning, including reasonable
estimates of the costs and benefits, of high-speed rail
systems;
(8) improvement of existing technologies can facilitate the
development of high-speed rail systems in the United States;
and
(9) Federal assistance is required for the improvement,
adaptation, and integration of technologies for commercial
application in high-speed rail service in the United States.
(b) Purpose.--The purpose of this Act is to encourage
farsighted State, local, and private efforts in the analysis
and planning for high-speed rail systems in appropriate
intercity travel corridors.
SEC. 3. NATIONAL HIGH-SPEED RAIL ASSISTANCE PROGRAM.
(a) In General.--Part C of subtitle IV of title 49, United
States Code (relating to passenger transportation) is amended
by adding at the end the following new chapter:
[[Page 2393]]
``CHAPTER 251--HIGH-SPEED RAIL ASSISTANCE
``Sec. 25101. Corridor planning
``(a) Authority.--The Secretary may provide financial
assistance to an applicant, based upon the criteria set forth
in subsection (d) of this section, to fund corridor planning
under subsection (b)(1) of this section.
``(b) Eligible Activities.--
``(1) A corridor planning activity is eligible for
financial assistance under subsection (c) if the Secretary
determines that it is necessary to establish appropriate
engineering, operational, financial, environmental, or
socioeconomic projections for the establishment of high-speed
rail service in the corridor and that it leads toward
development of a prudent financial and institutional plan for
implementation of specific high-speed rail improvements.
Eligible corridor planning activities include--
``(A) environmental assessments;
``(B) feasibility studies emphasizing commercial technology
improvements or applications;
``(C) economic analyses, including ridership, revenue and
operating expense forecasting;
``(D) assessing the impact on rail employment of developing
high-speed rail corridors;
``(E) assessing community economic impacts;
``(F) interface with State and metropolitan area
transportation planning and corridor planning with other
States;
``(G) operational planning;
``(H) route selection analyses;
``(I) preliminary engineering and design;
``(J) identification of specific improvements to a
corridor, including electrification, line straightening,
grade crossing closings, and other right-of-way improvements,
bridge rehabilitation and replacement, use of advanced
locomotives and rolling stock, ticketing, interface with
other modes of transportation, parking and other means of
passenger access, track, signal, station and other capital
works, and use of intermodal terminals;
``(K) preparation of financing plans and prospectuses; and
``(L) creation of public/private partnerships.
``(2) No financial assistance shall be provided under this
section for corridor planning with respect to the main line
of the Northeast Corridor, between Washington, District of
Columbia, and Boston, Massachusetts.
``(c) Corridor Planning Assistance.--
``(1) The Secretary may provide under this subsection
financial assistance to an applicant for corridor planning
for up to 50 percent of the publicly financed costs
associated with eligible activities.
``(2) No less than twenty percent of publicly financed
costs associated with eligible activities shall come from
State and local sources, which State and local sources cannot
include funds from any Federal program.
``(d) Criteria for Determining Financial Assistance.--
Selection by the Secretary of applicants for financial
assistance under this section shall be based on such criteria
as the Secretary considers appropriate, including--
``(A) the relationship or inclusion of the corridor in the
Secretary's national high-speed ground transportation policy;
``(B) the extent to which the proposed planning focuses on
systems which will achieve sustained speeds of 125 miles per
hour or greater;
``(C) the integration of the corridor into metropolitan
area and Statewide transportation planning;
``(D) the potential interconnection of the corridor with
other parts of the Nation's transportation system, including
the interconnection with other countries;
``(E) the anticipated effect of the corridor on the
congestion of other modes of transportation;
``(F) whether the work to be funded will aid the efforts of
State and local governments to comply with the Clean Air Act;
``(G) the past and proposed financial commitments and other
support of State and local governments and the private sector
to the proposed high-speed rail program, including the
acquisition of rolling stock;
``(H) the estimated level of ridership;
``(I) the estimated capital cost of corridor improvements,
including the cost of closing, improving or separating
highway-rail grade crossings;
``(J) rail transportation employment impacts;
``(K) community economic impacts;
``(L) the extent to which the projected revenues of the
high-speed rail service to be planned, along with any
financial commitments of State or local governments and the
private sector, are expected to cover capital costs and
operating and maintenance expenses; and
``(M) whether a route has been selected, specific
improvements identified, and capacity studies completed.
``Sec. 25102. High-speed rail technology improvements
``(a) Authority.--The Secretary is authorized to undertake
activities for the improvement, adaption, and integration of
technologies for commercial application in high-speed rail
service in the United States.
``(b) Eligible Recipients.--In carrying out activities
authorized in subsection (a), the Secretary may provide
financial assistance to any United States private business,
educational institution located in the United States, State
or local government or public authority, or agency or the
Federal Government.
``(c) Consultation With Other Agencies.--In carrying out
activities authorized in subsection (a), the Secretary shall
consult with such other governmental agencies as may be
necessary concerning the availability of appropriate
technologies for commercial application in high-speed rail
service in the United States.
``Sec. 25103. Definitions.
``For purposes of this chapter--
``(1) the term `applicant' means a public agency, or a
group of such public agencies, seeking financial assistance
under this title;
``(2) the term `financial assistance' includes grants,
contracts, and cooperative agreements;
``(3) the term `high-speed rail' means rail passenger
transportation expected to reach and maintain speeds of 125
miles per hour or greater;
``(4) the term `publicly funded costs' means the costs
funded after April 29, 1993, by Federal, State and local
governments;
``(4) the term ``State'' means any of the several States,
the District of Columbia, Puerto Rico, the Northern Mariana
Islands, the Virgin Islands, Guam, American Samoa, and any
other territory or possession of the United States;
``(5) the term `United States private business' means a
business entity organized under the laws of the United
States, or of a State, and conducting substantial business
operations in the United States.''.
``Sec. 25104. Safety regulations
``The Secretary shall promulgate such safety regulations as
may be necessary for high-speed rail services.''.
SEC. 4. COLUMBUS AND GREENVILLE RAILWAY.
(a) Redemption of Outstanding Obligations and
Liabilities.--Notwithstanding any other provision of law, the
Secretary of Transportation, or the Secretary of the
Treasury, if a holder of any of the obligations, shall allow
the Delta Transportation Company, doing business as the
Columbus & Greenville Railway, to redeem the obligations and
liabilities of such company which remain outstanding under
sections 505 and 511 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 825 and 831,
respectively).
(b) Value.--For purposes of subsection (a), the value of
each of the obligations and liabilities shall be an amount
equal to the value established under the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization For FY 1995.--There is authorized to be
appropriated to the Secretary of Transportation $29,000,000
for financial assistance authorized under sections 25101 and
25102 of title 49, United States Code.
(b) Authorization for FY 1996.--There is authorized to be
appropriated to the Secretary--
(1) $40,000,000 for financial assistance authorized under
section 25101 of title 49, United States Code; and
(2) $30,000,000 for financial assistance authorized under
section 25102 of title 49, United States Code.
(c) Authorizations For FY 1997.--There is authorized to be
appropriated to the Secretary of Transportation--
(1) $40,000,000 for financial assistance authorized under
section 25101 of title 49, United States Code; and
(2) $30,000,000 for financial assistance authorized under
section 25102 of title 49, United States Code.
(d) Administrative Expenses of Secretary.--Of the amounts
authorized to be appropriated under subsections (a), (b) and
(c), the Secretary of Transportation may reserve the funds
necessary for payment of the administrative expenses incurred
by the Secretary in carrying out the Secretary's
responsibilities under chapter 251 of title 49, United States
Code.
(e) Funds to Remain Available.--Funds made available under
this section shall remain available until expended.
Amend the title so as to read: ``A bill to authorize
appropriations for high-speed ground transportation, and for
other purposes.''.
On motion of Mr. SWIFT, said Senate amendments were agreed to with the
following amendment:
In lieu of the matter proposed to be inserted by the Senate
amendment to the text, insert the following:
TITLE I--HIGH-SPEED RAIL
SEC. 101. SHORT TITLE.
This title may be cited as the ``Swift Rail Development Act
of 1994''.
SEC. 102. FINDINGS; PURPOSE.
(a) Findings.--The Congress finds that--
(1) high-speed rail offers safe and efficient
transportation in certain densely traveled corridors linking
major metropolitan areas in the United States;
(2) high-speed rail may have environmental advantages over
certain other forms of intercity transportation;
(3) Amtrak's Metroliner service between Washington,
District of Columbia, and New York, New York, the United
States premier high-speed rail service, has shown that
Americans will use high-speed rail when that transportation
option is available;
(4) new high-speed rail service should not receive Federal
subsidies for operating and maintenance expenses;
(5) State and local governments should take the prime
responsibility for the devel-
[[Page 2394]]
opment and implementation of high-speed rail service;
(6) the private sector should participate in funding the
development of high-speed rail systems;
(7) in some intercity corridors, Federal planning
assistance may be required to supplement the funding
commitments of State and local governments and the private
sector to ensure the adequate planning, including reasonable
estimates of the costs and benefits, of high-speed rail
systems;
(8) improvement of existing technologies can facilitate the
development of high-speed rail systems in the United States;
and
(9) Federal assistance is required for the improvement,
adaptation, and integration of proven technologies for
commercial application in high-speed rail service in the
United States.
(b) Purpose.--The purpose of this title is to encourage
farsighted State, local, and private efforts in the analysis
and planning for high-speed rail systems in appropriate
intercity corridors.
SEC. 103. NATIONAL HIGH-SPEED RAIL ASSISTANCE PROGRAM.
(a) Amendments.--(1) Part D of subtitle V of title 49,
United States Code, is redesignated as part E, chapter 261 of
such title is redesignated as chapter 281, and sections 26101
and 26102 of such title are redesignated as sections 28101
and 28102.
(2) Subtitle V of title 49, United States Code, is amended
by inserting after part C the following new part:
``PART D--HIGH-SPEED RAIL
``CHAPTER 261--HIGH-SPEED RAIL ASSISTANCE
``Sec.
``26101. Corridor planning.
``26102. High-speed rail technology improvements.
``26103. Safety regulations.
``26104. Authorization of appropriations.
``26105. Definitions.
``Sec. 26101. Corridor planning
``(a) Corridor Planning Assistance.--(1) The Secretary may
provide under this section financial assistance to a public
agency or group of public agencies for corridor planning for
up to 50 percent of the publicly financed costs associated
with eligible activities.
``(2) No less than 20 percent of the publicly financed
costs associated with eligible activities shall come from
State and local sources, which State and local sources may
not include funds from any Federal program.
``(b) Eligible Activities.--(1) A corridor planning
activity is eligible for financial assistance under
subsection (a) if the Secretary determines that it is
necessary to establish appropriate engineering, operational,
financial, environmental, or socioeconomic projections for
the establishment of high-speed rail service in the corridor
and that it leads toward development of a prudent financial
and institutional plan for implementation of specific high-
speed rail improvements. Eligible corridor planning
activities include--
``(A) environmental assessments;
``(B) feasibility studies emphasizing commercial technology
improvements or applications;
``(C) economic analyses, including ridership, revenue, and
operating expense forecasting;
``(D) assessing the impact on rail employment of developing
high-speed rail corridors;
``(E) assessing community economic impacts;
``(F) coordination with State and metropolitan area
transportation planning and corridor planning with other
States;
``(G) operational planning;
``(H) route selection analyses and purchase of rights-of-
way for proposed high-speed rail service;
``(I) preliminary engineering and design;
``(J) identification of specific improvements to a
corridor, including electrification, line straightening and
other right-of-way improvements, bridge rehabilitation and
replacement, use of advanced locomotives and rolling stock,
ticketing, coordination with other modes of transportation,
parking and other means of passenger access, track, signal,
station, and other capital work, and use of intermodal
terminals;
``(K) preparation of financing plans and prospectuses; and
``(L) creation of public/private partnerships.
``(2) No financial assistance shall be provided under this
section for corridor planning with respect to the main line
of the Northeast Corridor, between Washington, District of
Columbia, and Boston, Massachusetts.
``(c) Criteria for Determining Financial Assistance.--
Selection by the Secretary of recipients of financial
assistance under this section shall be based on such criteria
as the Secretary considers appropriate, including--
``(1) the relationship of the corridor to the Secretary's
national high-speed ground transportation policy;
``(2) the extent to which the proposed planning focuses on
systems which will achieve sustained speeds of 125 mph or
greater;
``(3) the integration of the corridor into metropolitan
area and statewide transportation planning;
``(4) the potential interconnection of the corridor with
other parts of the Nation's transportation system, including
the interconnection with other countries;
``(5) the anticipated effect of the corridor on the
congestion of other modes of transportation;
``(6) whether the work to be funded will aid the efforts of
State and local governments to comply with the Clean Air Act
(42 U.S.C. 7401 et seq.);
``(7) the past and proposed financial commitments and other
support of State and local governments and the private sector
to the proposed high-speed rail program, including the
acquisition of rolling stock;
``(8) the estimated level of ridership;
``(9) the estimated capital cost of corridor improvements,
including the cost of closing, improving, or separating
highway-rail grade crossings;
``(10) rail transportation employment impacts;
``(11) community economic impacts;
``(12) the extent to which the projected revenues of the
proposed high-speed rail service, along with any financial
commitments of State or local governments and the private
sector, are expected to cover capital costs and operating and
maintenance expenses;
``(13) whether a specific route has been selected, specific
improvements identified, and capacity studies completed; and
``(14) whether the corridor has been designated as a high-
speed rail corridor by the Secretary.
``Sec. 26102. High-speed rail technology improvements
``(a) Authority.--The Secretary may undertake activities
for the improvement, adaptation, and integration of proven
technologies for commercial application in high-speed rail
service in the United States.
``(b) Eligible Recipients.--In carrying out activities
authorized by subsection (a), the Secretary may provide
financial assistance to any United States private business,
educational institution located in the United States, State
or local government or public authority, or agency of the
Federal Government.
``(c) Consultation With Other Agencies.--In carrying out
activities authorized by subsection (a), the Secretary shall
consult with such other governmental agencies as may be
necessary concerning the availability of appropriate
technologies for commercial application in high-speed rail
service in the United States.
``Sec. 26103. Safety regulations
``The Secretary shall promulgate such safety regulations as
may be necessary for high-speed rail services.
``Sec. 26104. Authorization of appropriations
``(a) Fiscal Year 1995.--There are authorized to be
appropriated to the Secretary $29,000,000 for fiscal year
1995, for carrying out sections 26101 and 26102 (including
payment of administrative expenses related thereto).
``(b) Fiscal Year 1996.--(1) There are authorized to be
appropriated to the Secretary $40,000,000 for fiscal year
1996, for carrying out section 26101 (including payment of
administrative expenses related thereto).
``(2) There are authorized to be appropriated to the
Secretary $30,000,000 for fiscal year 1996, for carrying out
section 26102 (including payment of administrative expenses
related thereto).
``(c) Fiscal Year 1997.--(1) There are authorized to be
appropriated to the Secretary $45,000,000 for fiscal year
1997, for carrying out section 26101 (including payment of
administrative expenses related thereto).
``(2) There are authorized to be appropriated to the
Secretary $40,000,000 for fiscal year 1997, for carrying out
section 26102 (including payment of administrative expenses
related thereto).
``(d) Funds to Remain Available.--Funds made available
under this section shall remain available until expended.
``Sec. 26105. Definitions
``For purposes of this chapter--
``(1) the term `financial assistance' includes grants,
contracts, and cooperative agreements;
``(2) the term `high-speed rail' has the meaning given such
term under section 511(n) of the Railroad Revitalization and
Regulatory Reform Act of 1976;
``(3) the term `publicly financed costs' means the costs
funded after April 29, 1993, by Federal, State, and local
governments;
``(4) the term `Secretary' means the Secretary of
Transportation;
``(5) the term `State' means any of the several States, the
District of Columbia, Puerto Rico, the Northern Mariana
Islands, the Virgin Islands, Guam, American Samoa, and any
other territory or possession of the United States; and
``(6) the term `United States private business' means a
business entity organized under the laws of the United
States, or of a State, and conducting substantial business
operations in the United States.''.
(b) Conforming Amendments.--(1) The table of chapters of
subtitle V of title 49, United States Code, is amended by
striking the items relating to part D and inserting in lieu
thereof the following:
``PART D--HIGH-SPEED RAIL
``261. HIGH-SPEED RAIL ASSISTANCE.............................26101....
``PART E--MISCELLANEOUS
``281. LAW ENFORCEMENT.....................................28101''.....
(2) The table of sections of chapter 281 of title 49,
United States Code, as such chapter is redesignated by
subsection (a)(1) of this section, is amended--
(A) by striking ``26101'' and inserting in lieu thereof
``28101''; and
(B) by striking ``26102'' and inserting in lieu thereof
``28102''.
SEC. 104. COLUMBUS AND GREENVILLE RAILWAY.
(a) Redemption of Outstanding Obligations and
Liabilities.--Notwithstanding any
[[Page 2395]]
other provision of law, the Secretary of Transportation, or
the Secretary of the Treasury, if a holder of any of the
obligations, shall allow the Delta Transportation Company,
doing business as the Columbus and Greenville Railway, to
redeem the obligations and liabilities of such company which
remain outstanding under sections 505 and 511 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
825 and 831, respectively).
(b) Value.--For purposes of subsection (a), the value of
each of the obligations and liabilities shall be an amount
equal to the value established under the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.).
TITLE II--RAIL SAFETY
SEC. 201. SHORT TITLE.
This title may be cited as the ``Federal Railroad Safety
Authorization Act of 1994''.
SEC. 202. AUTHORIZATION OF APPROPRIATIONS.
Section 20117(a)(1) of title 49, United States Code, is
amended by adding after subparagraph (B) the following new
subparagraphs:
``(C) $68,289,000 for fiscal year 1995.
``(D) $75,112,000 for fiscal year 1996.
``(E) $82,563,000 for fiscal year 1997.
``(F) $90,739,000 for fiscal year 1998.''.
SEC. 203. HOURS OF SERVICE PILOT PROJECTS.
(a) Amendment.--Chapter 211 of title 49, United States
Code, is amended by adding at the end the following new
section:
``Sec. 21108. Pilot projects
``(a) Waiver.--A railroad carrier or railroad carriers and
all labor organizations representing any class or craft of
directly affected covered service employees of the railroad
carrier or railroad carriers, may jointly petition the
Secretary of Transportation for approval of a waiver, in
whole or in part, of compliance with this chapter, to enable
the establishment of one or more pilot projects to
demonstrate the possible benefits of implementing
alternatives to the strict application of the requirements of
this chapter to such class or craft of employees, including
requirements concerning maximum on-duty and minimum off-duty
periods. Based on such a joint petition, the Secretary may,
after notice and opportunity for comment, waive in whole or
in part compliance with this chapter for a period of no more
than two years, if the Secretary determines that such waiver
of compliance is in the public interest and is consistent
with railroad safety. Any such waiver may, based on a new
petition, be extended for additional periods of up to two
years, after notice and opportunity for comment. An
explanation of any waiver granted under this section shall be
published in the Federal Register.
``(b) Report.--The Secretary of Transportation shall submit
to Congress, no later than January 1, 1997, a report that--
``(1) explains and analyzes the effectiveness of all pilot
projects established pursuant to a waiver granted under
subsection (a);
``(2) describes the status of all other waivers granted
under subsection (a) and their related pilot projects, if
any; and
``(3) recommends appropriate legislative changes to this
chapter.
``(c) Definition.--For purposes of this section, the term
`directly affected covered service employees' means covered
service employees to whose hours of service the terms of the
waiver petitioned for specifically apply.''.
(b) Table of Sections Amendment.--The table of sections for
chapter 211 of title 49, United States Code, is amended by
adding at the end the following new item:
``21108. Pilot projects.''.
SEC. 204. CONFORMING AMENDMENT REGARDING HOURS OF SERVICE
VIOLATIONS.
Section 21303(a)(1) of title 49, United States Code, is
amended by inserting ``or violating any provision of a waiver
applicable to that person that has been granted under section
21108 of this title,'' after ``chapter 211 of this title''.
SEC. 205. TECHNICAL AMENDMENT REGARDING FEDERAL RAILROAD
SAFETY.
Section 20111(c) of title 49, United States Code, is
amended by inserting ``this chapter or any of the laws
transferred to the jurisdiction of the Secretary of
Transportation by subsection (e) (1), (2), and (6)(A) of
section 6 of the Department of Transportation Act, as in
effect on June 1, 1994, or'' after ``individual's violation
of''.
SEC. 206. BIENNIAL FEDERAL RAILROAD SAFETY REPORTING.
(a) Section 20116 of title 49, United States Code, is
amended--
(1) by striking in its heading ``Annual'' and inserting in
lieu thereof ``Biennial'';
(2) by striking ``not later than July 1 of each year a
report on carrying out this chapter for the prior calendar
year. The report shall include the following information
about the prior year'' and inserting in lieu thereof ``every
two years, on or before July 1 of the year due, a
comprehensive report on the administration of this chapter
for the preceding two calendar years. The report shall
include the following information about such calendar
years''; and
(3) in paragraph (1), by inserting ``, by calendar year''
after ``casualties by cause''.
(b) The item relating to section 20116 in the table of
sections for chapter 201 of title 49, United States Code, is
amended to read as follows:
``20116. Biennial report.''.
SEC. 207. REPORT ON BRIDGE DISPLACEMENT DETECTION SYSTEMS.
(a) Amendment.--Subchapter II of chapter 201 of title 49,
United States Code, is amended by adding at the end the
following new section:
``Sec. 20145. Report on bridge displacement detection systems
``Not later than 18 months after the date of enactment of
the Federal Railroad Safety Authorization Act of 1994, the
Secretary of Transportation shall transmit to the Committee
on Commerce, Science, and Transportation of the Senate and
the Committee on Energy and Commerce of the House of
Representatives a report concerning any action that has been
taken by the Secretary on railroad bridge displacement
detection systems.''.
(b) Table of Sections Amendment.--The table of sections for
subchapter II of chapter 201 of title 49, United States Code,
is amended by adding at the end the following new item:
``20145. Report on bridge displacement detection systems.''.
SEC. 208. TRACK SAFETY.
Section 20142 of title 49, United States Code, is amended--
(1) in subsection (b), by striking ``September 3, 1994''
and inserting in lieu thereof ``September 1, 1995'';
(2) in subsection (a)(1), by inserting ``, including cold
weather installation procedures'' after ``attendant
structure''; and
(3) by adding at the end the following new subsection:
``(d) Identification of Internal Rail Defects.--In carrying
out subsections (a) and (b), the Secretary shall consider
whether or not to prescribe regulations and issue orders
concerning--
``(1) inspection procedures to identify internal rail
defects, before they reach imminent failure size, in rail
that has significant shelling; and
``(2) any specific actions that should be taken when a rail
surface condition, such as shelling, prevents the
identification of internal defects.''.
SEC. 209. RESIDENCE OF EMPLOYEES.
The amendments made by section 7 of the Amtrak
Reauthorization and Improvement Act of 1990 shall apply to
all periods before and after the date of their enactment.
SEC. 210. INSTITUTE FOR RAILROAD SAFETY.
(a) Amendment.--Subchapter II of chapter 201 of title 49,
United States Code, is amended by adding at the end the
following new section:
``Sec. 20146. Institute for Railroad Safety
``The Secretary of Transportation, in conjunction with a
university or college having expertise in transportation
safety, shall establish, within one year after the date of
enactment of the Federal Railroad Safety Authorization Act of
1994, an Institute for Railroad Safety. The Institute shall
research, develop, fund, and test measures for reducing the
number of fatalities and injuries relevant to railroad
operations. There are authorized to be appropriated to the
Secretary $1,000,000 for each of the fiscal years 1996
through 2000 to fund activities carried out under this
section by the Institute, which shall report at least once
each year on its use of such funds in carrying out such
activities and the results thereof to the Secretary of
Transportation and the Congress.''.
(b) Table of Sections Amendment.--The table of sections for
subchapter II of chapter 201 of title 49, United States Code,
is amended by adding at the end the following new item:
``20146. Institute for Railroad Safety.''.
SEC. 211. WARNING OF CIVIL LIABILITY.
(a) Amendment.--Subchapter II of chapter 201 of title 49,
United States Code, is amended by adding at the end the
following new section:
``Sec. 20147. Warning of civil liability
``The Secretary of Transportation shall encourage railroad
carriers to warn the public about potential liability for
violation of regulations related to vandalism of railroad
signs, devices, and equipment and to trespassing on railroad
property.''.
(b) Table of Sections Amendment.--The table of sections for
subchapter II of chapter 201 of title 49, United States Code,
is amended by adding at the end the following new item:
``20147. Warning of civil liability.''.
SEC. 212. RAILROAD CAR VISIBILITY.
(a) Amendment.--Subchapter II of chapter 201 of title 49,
United States Code, is amended by adding at the end the
following new section:
``Sec. 20148. Railroad car visibility
``(a) Review of Rules.--The Secretary of Transportation
shall conduct a review of the Department of Transportation's
rules with respect to railroad car visibility. As part of
this review, the Secretary shall collect relevant data from
operational experience by railroads having enhanced
visibility measures in service.
``(b) Regulations.--If the review conducted under
subsection (a) establishes that enhanced railroad car
visibility would likely improve safety in a cost-effective
manner, the Secretary shall initiate a rulemaking proceeding
to prescribe regulations requiring enhanced visibility
standards for newly manufactured and remanufactured railroad
cars. In such proceeding the Secretary shall consider, at a
minimum--
``(1) visibility of railroad cars from the perspective of
nonrailroad traffic;
``(2) whether certain railroad car paint colors should be
prohibited or required;
``(3) the use of reflective materials;
``(4) the visibility of lettering on railroad cars;
``(5) the effect of any enhanced visibility measures on the
health and safety of train crew members; and
[[Page 2396]]
``(6) the cost/benefit ratio of any new regulations.
``(c) Exclusions.--In prescribing regulations under
subsection (b), the Secretary may exclude from any specific
visibility requirement any category of trains or railroad
operations if the Secretary determines that such an exclusion
is in the public interest and is consistent with railroad
safety.''.
(b) Table of Sections Amendment.--The table of sections for
subchapter II of chapter 201 of title 49, United States Code,
is amended by adding at the end the following new item:
``20148. Railroad car visibility.''.
SEC. 213. COORDINATION WITH THE DEPARTMENT OF LABOR.
(a) Amendment.--Subchapter II of chapter 201 of title 49,
United States Code, is amended by adding at the end the
following new section:
``Sec. 20149. Coordination with the Department of Labor
``The Secretary of Transportation shall consult with the
Secretary of Labor on a regular basis to ensure that all
applicable laws affecting safe working conditions for
railroad employees are appropriately enforced to ensure a
safe and productive working environment for the railroad
industry.''.
(b) Table of Sections Amendment.--The table of sections for
subchapter II of chapter 201 of title 49, United States Code,
is amended by adding at the end the following new item:
``20149. Coordination with the Department of Labor.''.
SEC. 214. POSITIVE TRAIN CONTROL SYSTEM PROGRESS REPORT.
(a) Amendment.--Subchapter II of chapter 201 of title 49,
United States Code, is amended by adding at the end the
following new section:
``Sec. 20150. Positive train control system progress report
``The Secretary of Transportation shall submit a report to
the Congress on the development, deployment, and
demonstration of positive train control systems by December
31, 1995.''.
(b) Table of Sections Amendment.--The table of sections for
subchapter II of chapter 201 of title 49, United States Code,
is amended by adding at the end the following new item:
``20150. Positive train control system progress report.''.
SEC. 215. PASSENGER CAR SAFETY STANDARDS.
(a) Amendment.--Section 20133 of title 49, United States
Code, is amended to read as follows:
``Sec. 20133. Passenger cars
``(a) Minimum Standards.--The Secretary of Transportation
shall prescribe regulations establishing minimum standards
for the safety of cars used by railroad carriers to transport
passengers. Before prescribing such regulations, the
Secretary shall consider--
``(1) the crashworthiness of the cars;
``(2) interior features (including luggage restraints, seat
belts, and exposed surfaces) that may affect passenger
safety;
``(3) maintenance and inspection of the cars;
``(4) emergency response procedures and equipment; and
``(5) any operating rules and conditions that directly
affect safety not otherwise governed by regulations.
The Secretary may make applicable some or all of the
standards established under this subsection to cars existing
at the time the regulations are prescribed, as well as to new
cars, and the Secretary shall explain in the rulemaking
document the basis for making such standards applicable to
existing cars.
``(b) Initial and Final Regulations.--(1) The Secretary
shall prescribe initial regulations under subsection (a)
within 3 years after the date of enactment of the Federal
Railroad Safety Authorization Act of 1994. The initial
regulations may exempt equipment used by tourist, historic,
scenic, and excursion railroad carriers to transport
passengers.
``(2) The Secretary shall prescribe final regulations under
subsection (a) within 5 years after such date of enactment.
``(c) Personnel.--The Secretary may establish within the
Department of Transportation 2 additional full time
equivalent positions beyond the number permitted under
existing law to assist with the drafting, prescribing, and
implementation of regulations under this section.
``(d) Consultation.--In prescribing regulations, issuing
orders, and making amendments under this section, the
Secretary may consult with Amtrak, public authorities
operating railroad passenger service, other railroad carriers
transporting passengers, organizations of passengers, and
organizations of employees. A consultation is not subject to
the Federal Advisory Committee Act (5 U.S.C. App.), but
minutes of the consultation shall be placed in the public
docket of the regulatory proceeding.''.
(b) Table of Sections Amendment.--The item relating to
section 20133 in the table of sections for chapter 201 of
title 49, United States Code, is amended to read as follows:
``20133. Passenger cars.''.
SEC. 216. CONTRACT AND GRANT AUTHORITY.
Section 103 of title 49, United States Code, is amended by
adding at the end the following new subsection:
``(e) Subject to the provisions of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.),
the Secretary of Transportation may make, enter into, and
perform such contracts, grants, leases, cooperative
agreements, and other similar transactions with Federal or
other public agencies (including State and local governments)
and private organizations and persons, and make such
payments, by way of advance or reimbursement, as the
Secretary may determine to be necessary or appropriate to
carry out functions of the Federal Railroad Administration.
The authority of the Secretary granted by this subsection
shall be carried out by the Administrator. Notwithstanding
any other provision of this chapter, no authority to enter
into contracts or to make payments under this subsection
shall be effective, except as provided for in appropriations
Acts.''.
SEC. 217. TOURIST RAILROAD CARRIERS.
Section 20103 of title 49, United States Code, is amended
by adding at the end the following new subsection:
``(f) Tourist Railroad Carriers.--In prescribing
regulations that pertain to railroad safety that affect
tourist, historic, scenic, or excursion railroad carriers,
the Secretary of Transportation shall take into consideration
any financial, operational, or other factors that may be
unique to such railroad carriers. The Secretary shall submit
a report to Congress not later than September 30, 1995, on
actions taken under this subsection.''.
SEC. 218. OPERATION LIFESAVER.
Section 20117 of title 49, United States Code, is amended
by adding at the end the following new subsection:
``(e) Operation Lifesaver.--In addition to amounts
otherwise authorized by law, there are authorized to be
appropriated for railroad research and development $300,000
for fiscal year 1995, $500,000 for fiscal year 1996, and
$750,000 for fiscal year 1997, to support Operation
Lifesaver, Inc.''.
SEC. 219. RAILROAD TRESPASSING AND VANDALISM PREVENTION
STRATEGY.
(a) Amendment.--Subchapter II of chapter 201 of title 49,
United States Code, is amended by adding at the end the
following new section:
``Sec. 20151. Railroad trespassing and vandalism prevention
strategy
``(a) Evaluation of Existing Laws.--In consultation with
affected parties, the Secretary of Transportation shall
evaluate and review current local, State, and Federal laws
regarding trespassing on railroad property and vandalism
affecting railroad safety, and develop model prevention
strategies and enforcement laws to be used for the
consideration of State and local legislatures and
governmental entities. The first such evaluation and review
shall be completed within 1 year after the date of enactment
of the Federal Railroad Safety Authorization Act of 1994. The
Secretary shall revise such model prevention strategies and
enforcement codes periodically.
``(b) Outreach Program.--The Secretary shall develop and
maintain a comprehensive outreach program to improve
communications among Federal railroad safety inspectors,
State inspectors certified by the Federal Railroad
Administration, railroad police, and State and local law
enforcement officers, for the purpose of addressing
trespassing and vandalism problems on railroad property, and
strengthening relevant enforcement strategies. This program
shall be designed to increase public and police awareness of
the illegality of, dangers inherent in, and the extent of,
trespassing on railroad rights-of-way, to develop strategies
to improve the prevention of trespassing and vandalism, and
to improve the enforcement of laws relating to railroad
trespass, vandalism, and safety.
``(c) Model Legislation.--Within 18 months after the date
of enactment of the Federal Railroad Safety Authorization Act
of 1994, the Secretary, after consultation with State and
local governments and railroad carriers, shall develop and
make available to State and local governments model State
legislation providing for--
``(1) civil or criminal penalties, or both, for vandalism
of railroad equipment or property which could affect the
safety of the public or of railroad employees; and
``(2) civil or criminal penalties, or both, for trespassing
on a railroad owned or leased right-of-way.''.
(b) Table of Sections Amendment.--The table of sections for
subchapter II of chapter 201 of title 49, United States Code,
is amended by adding at the end the following new item:
``20151. Railroad trespassing and vandalism prevention strategy.''.
TITLE III--GRADE CROSSING SAFETY
SEC. 301. EMERGENCY NOTIFICATION OF GRADE CROSSING PROBLEMS.
(a) Amendment.--Subchapter II of chapter 201 of title 49,
United States Code, is amended by adding at the end the
following new section:
``Sec. 20152. Emergency notification of grade crossing
problems
``(a) Pilot Programs.--The Secretary of Transportation
shall conduct a pilot program to demonstrate an emergency
notification system utilizing a toll free telephone number
that the public can use to convey to railroad carriers,
either directly or through public safety personnel,
information about malfunctions or other safety problems at
railroad-highway grade crossings. The pilot program, at a
minimum--
``(1) shall include railroad-highway grade crossings in at
least 2 States;
``(2) shall include provisions for public education and
awareness of the program; and
[[Page 2397]]
``(3) shall require information to be posted at the
railroad-highway grade crossing describing the emergency
notification system and instructions on how to use the
system.
The Secretary may, by grant, provide funding for the expense
of information signs and public awareness campaigns necessary
to demonstrate the notification system.
``(b) Report.--The Secretary shall complete the pilot
program not later than 24 months after the date of enactment
of this section, and shall submit to the Congress not later
than 30 months after that date an evaluation of the pilot
program, together with findings as to the effectiveness of
such emergency notification systems. The report shall compare
and contrast the structure, cost, and effectiveness of the
pilot program with other emergency notification systems in
effect within other States. Such evaluation shall include
analyses of the safety benefits derived from the programs,
cost effectiveness, and the burdens on participants,
including railroad carriers and law enforcement personnel.''.
(b) Table of Sections Amendment.--The table of sections for
subchapter II of chapter 201 of title 49, United States Code,
is amended by adding at the end the following new item:
``20152. Emergency notification of grade crossing problems.''.
SEC. 302. AUDIBLE WARNINGS AT HIGHWAY-RAIL GRADE CROSSINGS.
(a) Amendment.--Subchapter II of chapter 201 of title 49,
United States Code, is amended by adding at the end the
following new section:
``Sec. 20153. Audible warnings at highway-rail grade
crossings
``(a) Definitions.--As used in this section--
``(1) the term ``highway-rail grade crossing'' includes any
street or highway crossing over a line of railroad at grade;
``(2) the term ``locomotive horn'' refers to a train-borne
audible warning device meeting standards specified by the
Secretary of Transportation; and
``(3) the term ``supplementary safety measure'' refers to a
safety system or procedure, provided by the appropriate
traffic control authority or law enforcement authority
responsible for safety at the highway-rail grade crossing,
that is determined by the Secretary to be an effective
substitute for the locomotive horn in the prevention of
highway-rail casualties. A traffic control arrangement that
prevents careless movement over the crossing (e.g., as where
adequate median barriers prevent movement around crossing
gates extending over the full width of the lanes in the
particular direction of travel), and that conforms to
standards prescribed by the Secretary under this subsection,
shall be deemed to constitute a supplementary safety measure.
The following do not, individually or in combination,
constitute supplementary safety measures within the meaning
of this subsection: standard traffic control devices or
arrangements such as reflectorized crossbucks, stop signs,
flashing lights, flashing lights with gates that do not
completely block travel over the line of railroad, or traffic
signals.
``(b) Requirement.--The Secretary of Transportation shall
prescribe regulations requiring that a locomotive horn shall
be sounded while each train is approaching and entering upon
each public highway-rail grade crossing.
``(c) Exception.--(1) In issuing such regulations, the
Secretary may except from the requirement to sound the
locomotive horn any categories of rail operations or
categories of highway-rail grade crossings (by train speed or
other factors specified by regulation)--
``(A) that the Secretary determines not to present a
significant risk with respect to loss of life or serious
personal injury;
``(B) for which use of the locomotive horn as a warning
measure is impractical; or
``(C) for which, in the judgment of the Secretary,
supplementary safety measures fully compensate for the
absence of the warning provided by the locomotive horn.
``(2) In order to provide for safety and the quiet of
communities affected by train operations, the Secretary may
specify in such regulations that any supplementary safety
measures must be applied to all highway-rail grade crossings
within a specified distance along the railroad in order to be
excepted from the requirement of this section.
``(d) Application for Waiver or Exemption.--Notwithstanding
any other provision of this subchapter, the Secretary may not
entertain an application for waiver or exemption of the
regulations issued under this section unless such application
shall have been submitted jointly by the railroad carrier
owning, or controlling operations over, the crossing and by
the appropriate traffic control authority or law enforcement
authority. The Secretary shall not grant any such application
unless, in the judgment of the Secretary, the application
demonstrates that the safety of highway users will not be
diminished.
``(e) Development of Supplementary Safety Measures.--(1) In
order to promote the quiet of communities affected by rail
operations and the development of innovative safety measures
at highway-rail grade crossings, the Secretary may, in
connection with demonstration of proposed new supplementary
safety measures, order railroad carriers operating over one
or more crossings to cease temporarily the sounding of
locomotive horns at such crossings. Any such measures shall
have been subject to testing and evaluation and deemed
necessary by the Secretary prior to actual use in lieu of the
locomotive horn.
``(2) The Secretary may include in regulations issued under
this subsection special procedures for approval of new
supplementary safety measures meeting the requirements of
subsection (c)(1) of this section following successful
demonstration of those measures.
``(f) Specific Rules.--The Secretary may, by regulation,
provide that the following crossings over railroad lines
shall be subject, in whole or in part, to the regulations
required under this section:
``(1) Private highway-rail grade crossings.
``(2) Pedestrian crossings.
``(3) Crossings utilized primarily by nonmotorized vehicles
and other special vehicles.
Regulations issued under this subsection shall not apply to
any location where persons are not authorized to cross the
railroad.
``(g) Issuance.--The Secretary shall issue regulations
required by this section pertaining to categories of highway-
rail grade crossings that in the judgment of the Secretary
pose the greatest safety hazard to rail and highway users not
later than 24 months following the date of enactment of this
section. The Secretary shall issue regulations pertaining to
any other categories of crossings not later than 48 months
following the date of enactment of this section.
``(h) Impact of Regulations.--The Secretary shall include
in regulations prescribed under this section a concise
statement of the impact of such regulations with respect to
the operation of section 20106 of this title (national
uniformity of regulation).''.
(b) Table of Sections Amendment.--The table of sections for
subchapter II of chapter 201 of title 49, United States Code,
is amended by adding at the end the following new item:
``20153. Audible warnings at highway-rail grade crossings.''.
A motion to reconsider the vote whereby said Senate amendments were
agreed to with an amendment was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
Para. 121.52 radio amateurs achievements
On motion of Mr. SWIFT, by unanimous consent, the joint resolution of
the Senate (S.J. Res. 90) to recognize the achievements of radio
amateurs, and to establish support for such amateurs as national policy;
was taken from the Speaker's table.
When said joint resolution was considered and read twice, ordered to
be read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 121.53 new animal drugs
On motion of Mr. WAXMAN, by unanimous consent, the bill of the Senate
(S. 340) to amend the Federal Food, Drug, and Cosmetic Act to clarify
the application of the Act with respect to alternative uses of new
animal drugs and new drugs intended for human use, and for other
purposes; was taken from the Speaker's table.
When said bill was considered, read twice, ordered to be read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 121.54 dietary supplements
On motion of Mr. WAXMAN, by unanimous consent, the Committee on Energy
and Commerce was dicharged from further consideration of the bill of the
Senate (S. 784) to amend the Federal Food, Drug, and Cosmetic to
establish standards with respect to dietary supplements, and for other
purposes.
Mr. WAXMAN submitted the following amendment in the nature of a
substitute which was agreed to:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; REFERENCE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Dietary
Supplement Health and Education Act of 1994''.
(b) Reference.--Whenever in this Act an amendment or repeal
is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered
to be made to a section or other provision of the Federal
Food, Drug, and Cosmetic Act.
(c) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; reference; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
[[Page 2398]]
Sec. 4. Safety of dietary supplements and burden of proof on FDA.
Sec. 5. Dietary supplement claims.
Sec. 6. Statements of nutritional support.
Sec. 7. Dietary supplement ingredient labeling and nutrition
information labeling.
Sec. 8. New dietary ingredients.
Sec. 9. Good manufacturing practices.
Sec. 10. Conforming amendments.
Sec. 11. Withdrawal of the regulations and notice.
Sec. 12. Commission on dietary supplement labels.
Sec. 13. Office of dietary supplements.
SEC. 2. FINDINGS.
Congress finds that--
(1) improving the health status of United States citizens
ranks at the top of the national priorities of the Federal
Government;
(2) the importance of nutrition and the benefits of dietary
supplements to health promotion and disease prevention have
been documented increasingly in scientific studies;
(3)(A) there is a link between the ingestion of certain
nutrients or dietary supplements and the prevention of
chronic diseases such as cancer, heart disease, and
osteoporosis; and
(B) clinical research has shown that several chronic
diseases can be prevented simply with a healthful diet, such
as a diet that is low in fat, saturated fat, cholesterol, and
sodium, with a high proportion of plant-based foods;
(4) healthful diets may mitigate the need for expensive
medical procedures, such as coronary bypass surgery or
angioplasty;
(5) preventive health measures, including education, good
nutrition, and appropriate use of safe nutritional
supplements will limit the incidence of chronic diseases, and
reduce long-term health care expenditures;
(6)(A) promotion of good health and healthy lifestyles
improves and extends lives while reducing health care
expenditures; and
(B) reduction in health care expenditures is of paramount
importance to the future of the country and the economic
well-being of the country;
(7) there is a growing need for emphasis on the
dissemination of information linking nutrition and long-term
good health;
(8) consumers should be empowered to make choices about
preventive health care programs based on data from scientific
studies of health benefits related to particular dietary
supplements;
(9) national surveys have revealed that almost 50 percent
of the 260,000,000 Americans regularly consume dietary
supplements of vitamins, minerals, or herbs as a means of
improving their nutrition;
(10) studies indicate that consumers are placing increased
reliance on the use of nontraditional health care providers
to avoid the excessive costs of traditional medical services
and to obtain more holistic consideration of their needs;
(11) the United States will spend over $1,000,000,000,000
on health care in 1994, which is about 12 percent of the
Gross National Product of the United States, and this amount
and percentage will continue to increase unless significant
efforts are undertaken to reverse the increase;
(12)(A) the nutritional supplement industry is an integral
part of the economy of the United States;
(B) the industry consistently projects a positive trade
balance; and
(C) the estimated 600 dietary supplement manufacturers in
the United States produce approximately 4,000 products, with
total annual sales of such products alone reaching at least
$4,000,000,000;
(13) although the Federal Government should take swift
action against products that are unsafe or adulterated, the
Federal Government should not take any actions to impose
unreasonable regulatory barriers limiting or slowing the flow
of safe products and accurate information to consumers;
(14) dietary supplements are safe within a broad range of
intake, and safety problems with the supplements are
relatively rare; and
(15)(A) legislative action that protects the right of
access of consumers to safe dietary supplements is necessary
in order to promote wellness; and
(B) a rational Federal framework must be established to
supersede the current ad hoc, patchwork regulatory policy on
dietary supplements.
SEC. 3. DEFINITIONS.
(a) Definition of Certain Foods as Dietary Supplements.--
Section 201 (21 U.S.C. 321) is amended by adding at the end
the following:
``(ff) The term `dietary supplement'--
``(1) means a product (other than tobacco) intended to
supplement the diet that bears or contains one or more of the
following dietary ingredients:
``(A) a vitamin;
``(B) a mineral;
``(C) an herb or other botanical;
``(D) an amino acid;
``(E) a dietary substance for use by man to supplement the
diet by increasing the total dietary intake; or
``(F) a concentrate, metabolite, constituent, extract, or
combination of any ingredient described in clause (A), (B),
(C), (D), or (E);
``(2) means a product that--
``(A)(i) is intended for ingestion in a form described in
section 411(c)(1)(B)(i); or
``(ii) complies with section 411(c)(1)(B)(ii); and
``(B) is not represented for use as a conventional food or
as a sole item of a meal or the diet; and
``(C) is labeled as a dietary supplement; and
(3) does--
``(A) include an article that is approved as a new drug
under section 505, certified as an antibiotic under section
507, or licensed as a biologic under section 351 of the
Public Health Service Act (42 U.S.C. 262) and was, prior to
such approval, certification, or license, marketed as a
dietary supplement or as a food unless the Secretary has
issued a regulation, after notice and comment, finding that
the article, when used as or in a dietary supplement under
the conditions of use and dosages set forth in the labeling
for such dietary supplement, is unlawful under section
402(f); and
``(B) not include--
``(i) an article that is approved as a new drug under
section 505, certified as an antibiotic under section 507, or
licensed as a biologic under section 351 of the Public Health
Service Act (42 U.S.C. 262), or
``(ii) an article authorized for investigation as a new
drug, antibiotic, or biological for which substantial
clinical investigations have been instituted and for which
the existence of such investigations has been made public,
which was not before such approval, certification, licensing,
or authorization marketed as a dietary supplement or as a
food unless the Secretary, in the Secretary's discretion, has
issued a regulation, after notice and comment, finding that
the article would be lawful under this Act.
Except for purposes of section 201(g), a dietary supplement
shall be deemed to be a food within the meaning of this
Act.''.
(b) Exclusion From Definition of Food Additive.--Section
201(s) (21 U.S.C. 321(s)) is amended--
(1) by striking ``or'' at the end of subparagraph (4);
(2) by striking the period at the end of subparagraph (5)
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(6) an ingredient described in paragraph (ff) in, or
intended for use in, a dietary supplement.''.
(c) Form of Ingestion.--Section 411(c)(1)(B) (21 U.S.C.
350(c)(1)(B)) is amended--
(1) in clause (i), by inserting ``powder, softgel,
gelcap,'' after ``capsule,''; and
(2) in clause (ii), by striking ``does not simulate and''.
SEC. 4. SAFETY OF DIETARY SUPPLEMENTS AND BURDEN OF PROOF ON
FDA.
Section 402 (21 U.S.C. 342) is amended by adding at the end
the following:
``(f)(1) If it is a dietary supplement or contains a
dietary ingredient that--
``(A) presents a significant or unreasonable risk of
illness or injury under--
``(i) conditions of use recommended or suggested in
labeling, or
``(ii) if no conditions of use are suggested or recommended
in the labeling, under ordinary conditions of use;
``(B) is a new dietary ingredient for which there is
inadequate information to provide reasonable assurance that
such ingredient does not present a significant or
unreasonable risk of illness or injury;
``(C) the Secretary declares to pose an imminent hazard to
public health or safety, except that the authority to make
such declaration shall not be delegated and the Secretary
shall promptly after such a declaration initiate a proceeding
in accordance with sections 554 and 556 of title 5, United
States Code, to affirm or withdraw the declaration; or
``(D) is or contains a dietary ingredient that renders it
adulterated under paragraph (a)(1) under the conditions of
use recommended or suggested in the labeling of such dietary
supplement.
In any proceeding under this subparagraph, the United States
shall bear the burden of proof on each element to show that a
dietary supplement is adulterated. The court shall decide any
issue under this paragraph on a de novo basis.
``(2) Before the Secretary may report to a United States
attorney a violation of paragraph (1)(A) for a civil
proceeding, the person against whom such proceeding would be
initiated shall be given appropriate notice and the
opportunity to present views, orally and in writing, at least
10 days before such notice, with regard to such
proceeding.''.
SEC. 5. DIETARY SUPPLEMENT CLAIMS.
Chapter IV (21 U.S.C. 341 et seq.) is amended by inserting
after section 403A the following new section:
``dietary supplement labeling exemptions
``Sec. 403B. (a) In General.--A publication, including an
article, a chapter in a book, or an official abstract of a
peer-reviewed scientific publication that appears in an
article and was prepared by the author or the editors of the
publication, which is reprinted in its entirety, shall not be
defined as labeling when used in connection with the sale of
a dietary supplement to consumers when it--
``(1) is not false or misleading;
``(2) does not promote a particular manufacturer or brand
of a dietary supplement;
``(3) is displayed or presented, or is displayed or
presented with other such items on the same subject matter,
so as to present a balanced view of the available scientific
information on a dietary supplement;
``(4) if displayed in an establishment, is physically
separate from the dietary supplements; and
``(5) does not have appended to it any information by
sticker or any other method.
[[Page 2399]]
``(b) Application.--Subsection (a) shall not apply to or
restrict a retailer or wholesaler of dietary supplements in
any way whatsoever in the sale of books or other publications
as a part of the business of such retailer or wholesaler.
``(c) Burden of Proof.--In any proceeding brought under
subsection (a), the burden of proof shall be on the United
States to establish that an article or other such matter is
false or misleading.''.
SEC. 6. STATEMENTS OF NUTRITIONAL SUPPORT.
Section 403(r) (21 U.S.C. 343(r)) is amended by adding at
the end the following:
``(6) For purposes of paragraph (r)(1)(B), a statement for
a dietary supplement may be made if--
``(A) the statement claims a benefit related to a classical
nutrient deficiency disease and discloses the prevalence of
such disease in the United States, describes the role of a
nutrient or dietary ingredient intended to affect the
structure or function in humans, characterizes the documented
mechanism by which a nutrient or dietary ingredient acts to
maintain such structure or function, or describes general
well-being from consumption of a nutrient or dietary
ingredient,
``(B) the manufacturer of the dietary supplement has
substantiation that such statement is truthful and not
misleading, and
``(C) the statement contains, prominently displayed and in
boldface type, the following: `This statement has not been
evaluated by the Food and Drug Administration. This product
is not intended to diagnose, treat, cure, or prevent any
disease.'.
A statement under this subparagraph may not claim to
diagnose, mitigate, treat, cure, or prevent a specific
disease or class of diseases. If the manufacturer of a
dietary supplement proposes to make a statement described in
the first sentence of this subparagraph in the labeling of
the dietary supplement, the manufacturer shall notify the
Secretary no later than 30 days after the first marketing of
the dietary supplement with such statement that such a
statement is being made.''.
SEC. 7. DIETARY SUPPLEMENT INGREDIENT LABELING AND NUTRITION
INFORMATION LABELING.
(a) Misbranded Supplements.--Section 403 (21 U.S.C. 343) is
amended by adding at the end the following:
``(s) If--
``(1) it is a dietary supplement; and
``(2)(A) the label or labeling of the supplement fails to
list--
``(i) the name of each ingredient of the supplement that is
described in section 201(ff); and
``(ii)(I) the quantity of each such ingredient; or
``(II) with respect to a proprietary blend of such
ingredients, the total quantity of all ingredients in the
blend;
``(B) the label or labeling of the dietary supplement fails
to identify the product by using the term `dietary
supplement', which term may be modified with the name of such
an ingredient;
``(C) the supplement contains an ingredient described in
section 201(ff)(1)(C), and the label or labeling of the
supplement fails to identify any part of the plant from which
the ingredient is derived;
``(D) the supplement--
``(i) is covered by the specifications of an official
compendium;
``(ii) is represented as conforming to the specifications
of an official compendium; and
``(iii) fails to so conform; or
``(E) the supplement--
``(i) is not covered by the specifications of an official
compendium; and
``(ii)(I) fails to have the identity and strength that the
supplement is represented to have; or
``(II) fails to meet the quality (including tablet or
capsule disintegration), purity, or compositional
specifications, based on validated assay or other appropriate
methods, that the supplement is represented to meet.''.
(b) Supplement Listing on Nutrition Labeling.--Section
403(q)(5)(F) (21 U.S.C. 343(q)(5)(F)) is amended to read as
follows:
``(F) A dietary supplement product (including a food to
which section 411 applies) shall comply with the requirements
of subparagraphs (1) and (2) in a manner which is appropriate
for the product and which is specified in regulations of the
Secretary which shall provide that--
``(i) nutrition information shall first list those dietary
ingredients that are present in the product in a significant
amount and for which a recommendation for daily consumption
has been established by the Secretary, except that a dietary
ingredient shall not be required to be listed if it is not
present in a significant amount, and shall list any other
dietary ingredient present and identified as having no such
recommendation;
``(ii) the listing of dietary ingredients shall include the
quantity of each such ingredient (or of a proprietary blend
of such ingredients) per serving;
``(iii) the listing of dietary ingredients may include the
source of a dietary ingredient; and
``(iv) the nutrition information shall immediately precede
the ingredient information required under subclause (i),
except that no ingredient identified pursuant to subclause
(i) shall be required to be identified a second time.''.
(c) Percentage Level Claims.--Section 403(r)(2) (21 U.S.C.
343(r)(2)) is amended by adding after clause (E) the
following:
``(F) Subclause (i) clause (A) does not apply to a
statement in the labeling of a dietary supplement that
characterizes the percentage level of a dietary ingredient
for which the Secretary has not established a reference daily
intake, daily recommended value, or other recommendation for
daily consumption.''
(d) Vitamins and Minerals.--Section 411(b)(2) (21 U.S.C.
350(b)(2)) is amended--
(1) by striking ``vitamins or minerals'' and inserting
``dietary supplement ingredients described in section
201(ff)'';
(2) by striking ``(2)(A)'' and inserting ``(2)''; and
(3) by striking subparagraph (B).
(e) Effective Date.--Dietary supplements--
(1) may be labeled after the date of the enactment of this
Act in accordance with the amendments made by this section,
and
(2) shall be labeled after December 31, 1996, in accordance
with such amendments.
SEC. 8. NEW DIETARY INGREDIENTS.
Chapter IV of the Federal Food, Drug, and Cosmetic Act is
amended by adding at the end the following:
``new dietary ingredients
``Sec. 413. (a) In General.--A dietary supplement which
contains a new dietary ingredient shall be deemed adulterated
under section 402(f) unless it meets one of the following
requirements:
``(1) The dietary supplement contains only dietary
ingredients which have been present in the food supply as an
article used for food in a form in which the food has not
been chemically altered.
``(2) There is a history of use or other evidence of safety
establishing that the dietary ingredient when used under the
conditions recommended or suggested in the labeling of the
dietary supplement will reasonably be expected to be safe
and, at least 75 days before being introduced or delivered
for introduction into interstate commerce, the manufacturer
or distributor of the dietary ingredient or dietary
supplement provides the Secretary with information, including
any citation to published articles, which is the basis on
which the manufacturer or distributor has concluded that a
dietary supplement containing such dietary ingredient will
reasonably be expected to be safe.
The Secretary shall keep confidential any information
provided under paragraph (2) for 90 days following its
receipt. After the expiration of such 90 days, the Secretary
shall place such information on public display, except
matters in the information which are trade secrets or
otherwise confidential, commercial information.
``(b) Petition.--Any person may file with the Secretary a
petition proposing the issuance of an order prescribing the
conditions under which a new dietary ingredient under its
intended conditions of use will reasonably be expected to be
safe. The Secretary shall make a decision on such petition
within 180 days of the date the petition is filed with the
Secretary. For purposes of chapter 7 of title 5, United
States Code, the decision of the Secretary shall be
considered final agency action.
``(c) Definition.--For purposes of this section, the term
`new dietary ingredient' means a dietary ingredient that was
not marketed in the United States before October 15, 1994 and
does not include any dietary ingredient which was marketed in
the United States before October 15, 1994.''.
SEC. 9. GOOD MANUFACTURING PRACTICES.
Section 402 (21 U.S.C. 342), as amended by section 4, is
amended by adding at the end the following:
``(g)(1) If it is a dietary supplement and it has been
prepared, packed, or held under conditions that do not meet
current good manufacturing practice regulations, including
regulations requiring, when necessary, expiration date
labeling, issued by the Secretary under subparagraph (2).
``(2) The Secretary may by regulation prescribe good
manufacturing practices for dietary supplements. Such
regulations shall be modeled after current good manufacturing
practice regulations for food and may not impose standards
for which there is no current and generally available
analytical methodology. No standard of current good
manufacturing practice may be imposed unless such standard is
included in a regulation promulgated after notice and
opportunity for comment in accordance with chapter 5 of title
5, United States Code.''.
SEC. 10. CONFORMING AMENDMENTS.
(a) Section 201.--The last sentence of section 201(g)(1)
(21 U.S.C. 321(g)(1)) is amended to read as follows: ``A food
or dietary supplement for which a claim, subject to sections
403(r)(1)(B) and 403(r)(3) or sections 403(r)(1)(B) and
403(r)(5)(D), is made in accordance with the requirements of
section 403(r) is not a drug solely because the label or the
labeling contains such a claim. A food, dietary ingredient,
or dietary supplement for which a truthful and not misleading
statement is made in accordance with section 403(r)(6) is not
a drug under clause (C) solely because the label or the
labeling contains such a statement.''.
(b) Section 301.--Section 301 (21 U.S.C. 331) is amended by
adding at the end the following:
``(u) The introduction or delivery for introduction into
interstate commerce of a dietary supplement that is unsafe
under section 413.''.
(c) Section 403.--Section 403 (21 U.S.C. 343), as amended
by section 7, is amended by adding after paragraph (s) the
following:
``A dietary supplement shall not be deemed misbranded solely
because its label or labeling contains directions or
conditions of use or warnings.''.
[[Page 2400]]
SEC. 11. WITHDRAWAL OF THE REGULATIONS AND NOTICE.
The advance notice of proposed rulemaking concerning
dietary supplements published in the Federal Register of June
18, 1993 (58 FR 33690-33700) is null and void and of no force
or effect insofar as it applies to dietary supplements. The
Secretary of Health and Human Services shall publish a notice
in the Federal Register to revoke the item declared to be
null and void and of no force or effect under subsection (a).
SEC. 12. COMMISSION ON DIETARY SUPPLEMENT LABELS.
(a) Establishment.--There shall be established as an
independent agency within the executive branch a commission
to be known as the Commission on Dietary Supplement Labels
(hereafter in this section referred to as the
``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of 7
members who shall be appointed by the President.
(2) Expertise requirement.--The members of the Commission
shall consist of individuals with expertise and experience in
dietary supplements and in the manufacture, regulation,
distribution, and use of such supplements. At least three of
the members of the Commission shall be qualified by
scientific training and experience to evaluate the benefits
to health of the use of dietary supplements and one of such
three members shall have experience in pharmacognosy, medical
botany, traditional herbal medicine, or other related
sciences. Members and staff of the Commission shall be
without bias on the issue of dietary supplements.
(c) Functions of the Commission.--The Commission shall
conduct a study on, and provide recommendations for, the
regulation of label claims and statements for dietary
supplements, including the use of literature in connection
with the sale of dietary supplements and procedures for the
evaluation of such claims. In making such recommendations,
the Commission shall evaluate how best to provide truthful,
scientifically valid, and not misleading information to
consumers so that such consumers may make informed and
appropriate health care choices for themselves and their
families.
(d) Administrative Powers of the Commission.--
(1) Hearings.--The Commission may hold hearings, sit and
act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable
to carry out the purposes of this section.
(2) Information from federal agencies.--The Commission may
secure directly from any Federal department or agency such
information as the Commission considers necessary to carry
out the provisions of this section.
(3) Authorization of appropriations.--There are authorized
to be appropriated such sums as may necessary to carry out
this section.
(e) Reports and Recommendations.--
(1) Final report required.--Not later than 24 months after
the date of enactment of this Act, the Commission shall
prepare and submit to the President and to the Congress a
final report on the study required by this section.
(2) Recommendations.--The report described in paragraph (1)
shall contain such recommendations, including recommendations
for legislation, as the Commission deems appropriate.
(3) Action on recommendations.--Within 90 days of the
issuance of the report under paragraph (1), the Secretary of
Health and Human Services shall publish in the Federal
Register a notice of any recommendation of Commission for
changes in regulations of the Secretary for the regulation of
dietary supplements and shall include in such notice a notice
of proposed rulemaking on such changes together with an
opportunity to present views on such changes. Such rulemaking
shall be completed not later than 2 years after the date of
the issuance of such report. If such rulemaking is not
completed on or before the expiration of such 2 years,
regulations of the Secretary published in 59 F.R. 395-426 on
January 4, 1994, shall not be in effect.
SEC. 13. OFFICE OF DIETARY SUPPLEMENTS.
(a) In General.--Title IV of the Public Health Service Act
is amended by inserting after section 485B (42 U.S.C. 287c-3)
the following:
``Subpart 4--Office of Dietary Supplements
``SEC. 485C. DIETARY SUPPLEMENTS.
``(a) Establishment.--The Secretary shall establish an
Office of Dietary Supplements within the National Institutes
of Health.
``(b) Purpose.--The purposes of the Office are--
``(1) to explore more fully the potential role of dietary
supplements as a significant part of the efforts of the
United States to improve health care; and
``(2) to promote scientific study of the benefits of
dietary supplements in maintaining health and preventing
chronic disease and other health-related conditions.
``(c) Duties.--The Director of the Office of Dietary
Supplements shall--
``(1) conduct and coordinate scientific research within the
National Institutes of Health relating to dietary supplements
and the extent to which the use of dietary supplements can
limit or reduce the risk of diseases such as heart disease,
cancer, birth defects, osteoporosis, cataracts, or
prostatism;
``(2) collect and compile the results of scientific
research relating to dietary supplements, including
scientific data from foreign sources or the Office of
Alternative Medicine;
``(3) serve as the principal advisor to the Secretary and
to the Assistant Secretary for Health and provide advice to
the Director of the National Institutes of Health, the
Director of the Centers for Disease Control and Prevention,
and the Commissioner of Food and Drugs on issues relating to
dietary supplements including--
``(A) dietary intake regulations;
``(B) the safety of dietary supplements;
``(C) claims characterizing the relationship between--
``(i) dietary supplements; and
``(ii)(I) prevention of disease or other health-related
conditions; and
``(II) maintenance of health; and
``(D) scientific issues arising in connection with the
labeling and composition of dietary supplements;
``(4) compile a database of scientific research on dietary
supplements and individual nutrients; and
``(5) coordinate funding relating to dietary supplements
for the National Institutes of Health.
``(d) Definition.--As used in this section, the term
`dietary supplement' has the meaning given the term in
section 201(ff) of the Federal Food, Drug, and Cosmetic Act.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$5,000,000 for fiscal year 1994 and such sums as may be
necessary for each subsequent fiscal year.''.
(b) Conforming Amendment.--Section 401(b)(2) of the Public
Health Service Act (42 U.S.C. 281(b)(2)) is amended by adding
at the end the following:
``(E) The Office of Dietary Supplements.''.
When said bill, as amended, was considered, read twice, ordered to be
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill, as amended, was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
Para. 121.55 message from the president--federal railroad retirement
board
The SPEAKER pro tempore, Mr. PETERSON of Florida, laid before the
House a message from the President, which was read as follows:
To the Congress of the United States:
I hereby submit to the Congress the Annual Report of the Railroad
Retirement Board for Fiscal Year 1993, pursuant to the provisions of
section 7(b)(6) of the Railroad Retirement Act and section 12(1) of the
Railroad Unemployment Insurance Act.
William J. Clinton.
The White House, Oct. 6, 1994.
By unanimous consent, the message, was referred to the Committee on
Energy and Commerce and the Committee on Ways and Means.
Para. 121.56 message from the president--nafta modifications
The SPEAKER pro tempore, Mr. PETERSON of Florida, laid before the
House a message from the President, which was read as follows:
To the Congress of the United States:
In November 1993, in preparation for the implementation of the North
American Free Trade Agreement [NAFTA] on January 1, 1994, I informed the
Congress of my intent to modify the moratorium on the issuance of
certificates of operating authority to Mexican-owned or -controlled
motor carriers that was imposed by the Bus Regulatory Reform Act of 1982
(49 U.S.C. 10922(1)(2)(A)). The modification applied to Mexican charter
and tour bus operations. At that time, I also informed the Congress that
I would be notifying it of additional modifications to the moratorium
with respect to Mexican operations as we continued to implement NAFTA's
transportation provisions. In this regard, it is now my intention to
further modify the moratorium to allow Mexican small package delivery
services to operate in the United States provided that Mexico implements
its NAFTA obligation to provide national treatment to U.S. small package
delivery companies.
Prior to its implementation of the NAFTA, Mexico limited foreign-owned
small package delivery services, such as that offered by United Parcel
Service and Federal Express, to trucks approximately the size of a
minivan. This made intercity service impractical and effectively limited
small-package delivery companies to intracity service only. Mexico has
no similar restriction on the size of trucks used by Mexican small
package delivery services. Because Mexico did not take a reserva-
[[Page 2401]]
tion in this area, the NAFTA obligates Mexico to extend national
treatment to U.S. small package and messenger service companies. Mexico
must allow U.S. small package delivery services to use the same size
trucks that Mexican small package delivery companies are permitted to
use.
Mexico, earlier this year, enacted legislation that addresses the
small package delivery issue. Amendments to the Law on Roads, Bridges,
and Federal Motor Carriers authorize parcel delivery and messenger
services to operate without restriction so long as they obtain a permit
from the Secretariat of Communications and Transportation and direct
that such permits be granted in a timely fashion. The law includes no
restrictions on the size and weight of parcels nor on the dimensions of
the vehicles that small package delivery services will be permitted to
use.
At the North American Transportation Summit hosted by the United
States on April 29, 1994, Mexico's Secretary of Communications and
Transportation Emilio Gamboa reaffirmed his government's commitment to
permit unrestricted operations by foreign-owned providers of small
package delivery services in Mexico. In return, even though the United
States does not have a similar obligation under the NAFTA, Secretary of
Transportation Federico Pena stated the United States Government's
intention to grant Mexican small package delivery service companies
reciprocal operating rights in the United States by modifying the
moratorium imposed by the Bus Regulatory Reform Act. Mexico and the
United States agreed to establish a joint working group to specify the
details of this arrangement by September 1, 1994.
The U.S. small package delivery service industry is supportive of
United States Government efforts to eliminate Mexico's restrictions on
small package delivery operations. Provided Mexico implements its NAFTA
obligation to extend national treatment to U.S. small package delivery
companies, the U.S. industry would not object to a modification of the
moratorium that would provide Mexican small package delivery companies
reciprocal treatment in the United States.
Provided that Mexico meets its NAFTA-imposed national treatment
obligation to allow U.S.-owned small package delivery services
unrestricted operations, I intend, pursuant to section 6 of the Bus
Regulatory Reform Act, to modify the moratorium imposed by that section
to permit Mexican small package delivery services to operate in the
United States in exactly the same manner and to exactly the same extent
that U.S. small package delivery services will be permitted to operate
in Mexico. The Bus Regulatory Reform Act requires 60 days' advance
notice to the Congress of my intention to modify or remove the
moratorium. With this message, I am providing the advance notice so
required.
William J. Clinton.
The White House, Oct. 6, 1994.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Public Works and Transportation
and ordered to be printed (H. Doc. 103-323).
Para. 121.57 enrolled bills and joint resolution signed
Mr. ROSE, from the Committee on House Administration, reported that
that committee had examined and found truly enrolled bills and joint
resolutions of the House of the following titles, which were thereupon
signed by the Speaker:
H.R. 1520. An Act to amend the Petroleum Marketing
Practices Act.
H.R. 2826. An Act to provide for an investigation of the
whereabouts of the United States citizens and others who have
been missing from Cyprus since 1974.
H.R. 2902. An Act to amend the District of Columbia Self-
Government and Governmental Reorganization Act to reauthorize
the annual Federal payment to the District of Columbia for
fiscal year 1996, and for other purposes.
H.R. 3485. An Act to authorize appropriations for carrying
out the Earthquake Hazards Reduction Act of 1977 for fiscal
years 1995 and 1996.
H.R. 4308. An Act to authorize appropriations to assist in
carrying out the North American Wetlands Conservation Act for
fiscal years 1995 through 1998, and for other purposes.
H.R. 4653. An Act to settle Indian land claims within the
State of Connecticut, and for other purposes.
H.J. Res. 401. Joint resolution designating the months of
March 1995 and March 1996 as ``Irish-American Heritage
Month''.
H.J. Res. 417. Joint resolution providing for the temporary
extension of the application of the final paragraph of
section 10 of the Railway Labor Act with respect to the
dispute between the Soo Line Railroad Company and certain of
its employees.
Para. 121.58 senate enrolled bills signed
The SPEAKER announced his signature to enrolled bills of the Senate of
the following titles:
S. 2170. An Act to provide a more effective, efficient, and
responsive Government.
S. 2406. An Act to amend title 17, United States Code,
relating to the definition of a local service area of a
primary transmitter, and for other purposes.
Para. 121.59 bill and joint resolutions presented to the president
Mr. ROSE, from the Committee on House Administration, reported that
that committee did on the following dates present to the President, for
his approval, bills and joint resolutions of the House of the following
titles:
On October 6, 1994:
H.R. 734. An Act to amend the Act entitled ``An Act to
provide for the extension of certain Federal benefits,
services, and assistance to the Pascua Yaqui Indians of
Arizona, and for other purposes.''.
On October 7, 1994:
H.J. Res. 398. An Act to establish the fourth Sunday of
July as ``Parents Day''.
H.J. Res. 389. An Act to designate the second Sunday in
October of 1994 as ``National Children's Day''.
H.J. Res. 415. An Act designating the week beginning
October 16, 1994, as ``National Penny Charity Week''.
H.R. 810: An Act for the relief of Elizabeth M. Hill.
And then,
Para. 121.60 adjournment
On motion of Mr. RICHARDSON, pursuant to the special order heretofore
agreed to, at 3 o'clock and 2 minutes a.m. Friday, October 7
(legislative day of Thursday, October 6), 1994, the House adjourned
until 12 o'clock noon today.
Para. 121.61 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. MILLER of California: Committee on Natural Resources.
H.R. 3600. A bill to ensure individual and family security
through health care coverage for all Americans in a manner
that contains the rate of growth in health care costs and
promotes responsible health insurance practices, to promote
choice in health care, and to ensure and protect the health
care of all Americans; with amendments (Rept. No. 103-601 Pt.
6). Ordered to be printed.
Mr. GIBBONS: Committee of Conference. Conference report on
H.R. 4278. A bill to make improvements in the old-age,
survivors, and disability insurance program under title II of
the Social Security Act (Rept. No. 103-842). Ordered to be
printed.
Mr. DINGELL: Committee of Conference. Conference report on
S. 1569. An Act to amend the Public Health Service Act to
revise and extend programs relating to the health of
individuals who are members of minority groups, and for other
purposes (Rept. No. 103-843). Ordered to be printed.
Mr. DINGELL: Committee on Energy and Commerce. H.R. 4522. A
bill to amend the Communications Act of 1934 to extend the
authorization of appropriations of the Federal Communications
Commission, and for other purposes; with an amendment (Rept.
No. 103-844). Referred to the Committee of the Whole House on
the State of the Union.
Ms. SLAUGHTER: Committee on Rules, House Resolution 574.
Resolution waiving points of order against the conference
report to accompany the bill (S. 1569) to amend the Public
Health Service Act to establish, reauthorize and revise
provisions to improve the health of individuals from
disadvantaged backgrounds, and for other purposes (Rept. No.
103-845). Referred to the House Calendar.
Mr. MOAKLEY: Committee on Rules, House Resolution 575.
Resolution providing for the consideration of the Senate
amendment to the bill (H.R. 1348) to establish the Quinebaug
and Shetucket Rivers Valley National Heritage Corridor in the
State of Connecticut, and for other purposes (Rept. No. 103-
846). Referred to the House Calendar.
Mr. BEILENSON: Committee on Rules, House Resolution 576.
Resolution providing for consideration of the bill (H.R.
5231) to provide for the management of portions of the
Presidio under the jurisdiction of the Secretary of the
Interior (Rept. No. 103-847). Referred to the House Calendar.
Para. 121.62 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BROWN of California:
H.R. 5199. A bill to amend the National Institute of
Standards and Technology Act to
[[Page 2402]]
provide for the establishment and management of voluntary
encryption standards to protect the privacy and security of
electronic information, and for other purposes; to the
Committee on Science, Space, and Technology.
By Mr. WILLIAMS:
H.R. 5200. A bill to resolve the 107th merdian boundary
dispute between the Crow Indian Tribe and the United States;
to the Committee on Natural Resources.
By Mr. WYDEN:
H.R. 5201. A bill to amend the Internal Revenue Code of
1986 to provide for nonrecognition of gain on the sale of
eligible small business stock if the proceeds of the sale are
reinvested in other eligible small business stock; to the
Committee on Ways and Means.
H.R. 5202. A bill to amend the Internal Revenue Code of
1986 to index the basis of certain capital assets for
purposes of determining gain or loss; to the Committee on
Ways and Means.
H.R. 5203. A bill to improve small business export
assistance; to the Committee on Foreign Affairs.
H.R. 5204. A bill to amend the Internal Revenue Code of
1986 to provide incentives for awards to an employee under a
performance-based reward plan and to direct the Administrator
of the Small Business Administration to establish a program
to promote implementation of performance-based reward plans
and employee decisionmaking participation programs, and for
other purposes; jointly, to the Committees on Ways and Means,
Education and Labor, and Small Business.
By Ms. MARGOLIES-MEZVINSKY:
H.R. 5205. A bill to provide Federal assistance for
compliance with federally-mandated motor vehicle inspection
and maintenance requirements and employee trip reduction
requirements in effect under the Clean Air Act; to the
Committee on Energy and Commerce.
By Mr. BACCHUS of Florida (for himself and Mr. Shaw):
H.R. 5206. A bill to authorize the reliquidation of certain
entries; to the Committee on Ways and Means.
By Mr. BAKER of California:
H.R. 5207. A bill to amend the Internal Revenue Code of
1986 to allow the one-time exclusion on gain from sale of a
principal residence to be taken before age 55 if the taxpayer
or a family member suffers a catastrophic illness; to the
Committee on Ways and Means.
By Mr. BARTON of Texas (for himself, Mr. Brewster, Mr.
Sam Johnson, Mr. Boehner, Mr. DeLay, Mr. Hefley, and
Mr. Cunningham):
H.R. 5208. A bill to establish limits on wage continuation
and severance benefits for Amtrak employees displaced by a
discontinuance of service, and for other purposes; to the
Committee on Energy and Commerce.
By Mr. BARTON of Texas:
H.R. 5209. A bill to establish a wholly owned Government
corporation for the operation of the air traffic control
system, and for other purposes; to the Committee on Public
Works and Transportation.
By Mr. COLEMAN (for himself, Mrs. Schroeder, Mr.
Richardson, and Mr. Schiff):
H.R. 5210. A bill to direct the Secretary of Transportation
to carry out a demonstration project to establish a highway
corridor from Chihuahua, Mexico, through El Paso, TX to
Denver, CO; to the Committee on Public Works and
Transportation.
By Mr. DELAY:
H.R. 5211. A bill to amend the Clean Air Act to repeal
certain emissions standards for motor vehicles which have not
yet taken effect; to the Committee on Energy and Commerce.
H.R. 5212. A bill to amend the Clean Air Act to allow
emission reductions caused by fleet turnover to be credited
to the emission reduction requirements of the act; to the
Committee on Energy and Commerce.
H.R. 5213. A bill to amend the Clean Air Act to prohibit
the Federal Government from requiring State plans to mandate
trip reduction measures; to the Committee on Energy and
Commerce.
H.R. 5214. A bill to repeal provisions of the Clean Air Act
dealing with toxic air emissions; to the Committee on Energy
and Commerce.
H.R. 5215. A bill to repeal provisions of the Clean Air Act
dealing with acid rain; to the Committee on Energy and
Commerce.
H.R. 5216. A bill to repeal provisions of the Clean Air Act
dealing with stratospheric ozone protection; to the Committee
on Energy and Commerce.
H.R. 5217. A bill to repeal the Clean Air Act Amendments of
1990 (Public Law 101-549); to the Committee on Energy and
Commerce.
By Mr. DELLUMS (for himself, Mr. Hinchey, Mr. Evans,
Mr. Rangel, Mr. Owens, Mr. Lewis of Georgia, Mr.
Conyers, Ms. Norton, Ms. Velazquez, Mr. Towns, Mr.
Nadler, and Mr. Bonior):
H.R. 5218. A bill to promote the fulfillment of basic unmet
needs and to protect certain basic economic rights of the
people of the United States, and for other purposes; jointly,
to the Committees on Education and Labor; Foreign Affairs;
Banking, Finance and Urban Affairs; Government Operations;
Armed Services; and Ways and Means.
By Mr. EMERSON:
H.R. 5219. A bill to amend the Food Stamp Act of 1977 to
permit participating households to use food stamp benefits to
purchase nutritional supplements of vitamins, minerals, or
vitamins and minerals; to the Committee on Agriculture.
By Ms. ENGLISH of Arizona (for herself and Mr.
Coppersmith):
H.R. 5220. A bill to provide for the acceptance by the
Secretary of Education of applications submitted by the local
educational agency serving the Window Rock Unified School
District, Window Rock, AZ, under section 3 of the act of
September 30, 1950 (Public Law 874, 81st Congress) for fiscal
years 1994 and 1995; to the Committee on Education and Labor.
By Mr. FIELDS of Texas (by request):
H.R. 5221. A bill to amend the Panama Canal Act of 1979 to
reconstitute the Panama Canal Commission as a U.S. Government
corporation, and for other purposes; to the Committee on
Merchant Marine and Fisheries.
By Mr. LANTOS (for himself, Mr. Ackerman, Mr.
Beilenson, Mr. Brown of California, Mr. DeFazio, Mr.
Dellums, Mr. Gejdenson, Mr. Hamburg, Mr.
Hochbrueckner, Mr. Johnson of South Dakota, Mr.
Johnston of Florida, Mr. Kleczka, Mr. Manton, Mr.
Mineta, Mr. Moran, Mr. Neal of Massachusetts, Mr.
Ravenel, Ms. Roybal-Allard, Mr. Shays, Mr. Swett, Mr.
Swift, and Mr. Towns):
H.R. 5222. A bill to provide for nonanimal acute toxicity
testing by the Federal Government; to the Committee on Energy
and Commerce.
By Mrs. MALONEY:
H.R. 5223. A bill to provide that a spouse, former spouse,
surviving spouse, or surviving former spouse may qualify for
retirement, survivor, and health benefits under the Foreign
Service Act if the Foreign Service participant is
disqualified for such benefits for reasons of misconduct or
disloyalty to the United States: jointly, to the Committees
on Foreign Affairs and Post Office and Civil Service.
By Ms. MARGOLIES-MEZVINSKY:
H.R. 5224. A bill to direct the Secretary of Transportation
to carry out a project for the implementation of a
comprehensive transportation improvement program in
Kulpsville, PA; to the Committee on Public Works and
Transportation.
By Mr. MENENDEZ:
H.R. 5225. A bill to strengthen child support enforcement;
jointly, to the Committees on Ways and Means; Education and
Labor; and Banking, Finance and Urban Affairs.
By Mrs. MINK of Hawaii:
H.R. 5226. A bill to amend title I of the Employee
Retirement Income Security Act of 1974 to improve enforcement
of such title by adding certain provisions with respect to
the auditing of employee benefit plans, and for other
purposes; to the Committee on Education and Labor.
By Mr. PETRI (for himself, Mr. Cox, Mr. Armey, and Mr.
Levy):
H.R. 5227. A bill to provide for a system of guaranteeing
the deposits and certain other liabilities of depository
institutions through a self-regulating system of cross
guarantees, to protect taxpayers against deposit insurance
losses, and for other purposes; jointly, to the Committees on
Banking, Finance and Urban Affairs and the Judiciary.
By Mr. ROWLAND (for himself, Mr. Cooper, Mr. Bilirakis,
Mr. Grandy, Mr. McCurdy, Mr. Goss, Mr. Parker, Mr.
Hastert, Mr. Stenholm, and Mr. Thomas of California):
H.R. 5228. A bill to reform the health insurance market, to
promote the availability and continuity of health coverage,
to remove financial barriers to access, to reform the
Medicaid Program, to enhance health care quality, to contain
costs through market incentives and administrative reforms,
to provide incentives to purchase long-term care insurance,
and for other purposes; jointly, to the Committees on Energy
and Commerce, Ways and Means, Education and Labor, the
Judiciary, and Veterans' Affairs.
By Mr. TAUZIN (for himself and Mr. Fields of Texas)
(both by request):
H.R. 5229. A bill to amend the Panama Canal Act of 1979 to
reconstitute the Panama Canal Commission as a U.S. Government
corporation, and for other purposes; to the Committee on
Merchant Marine and Fisheries.
By Mr. VENTO:
H.R. 5230. A bill to require a revision of criteria,
policies, and practices regarding the provision of housing to
National Park Service employees; to the Committee on Natural
Resources.
By Ms. PELOSI:
H.R. 5231. A bill to provide for the management of portions
of the Presidio under the jurisdiction of the Secretary of
the Interior; to the Committee on Natural Resources.
By Mr. McMILLAN:
H.R. 5232. A bill to ensure that only persons eligible to
receive a firearm may purchase and possess firearms, and to
prevent felons and persons adjudicated mentally incompetent
from obtaining firearms from firearms dealers by providing
for a system for identifying persons prohibited from
possessing firearms through a magnetic strip affixed to
driver's licenses and other identification documents; to the
Committee on the Judiciary.
By Mr. NADLER (for himself, Mr. Schumer, Mr. Saxton,
Mr. Lipinski, Mrs. Maloney, Mr. Engel, Mr. Hastings,
Mr. Cardin, and Mr. Owens):
H.R. 5233. A bill to amend title VII of the Civil Rights
Act of 1964 with respect to religious accommodation in
employment; to the Committee on Education and Labor.
By Mr. PENNY:
H.R. 5234. A bill to amend the Agricultural, Trade,
Development, and Assistance Act of
[[Page 2403]]
1954 to authorize the use of agricultural commodities in
promote market development; jointly, to the Committees on
Agriculture and Foreign Affairs.
By Mr. WILSON:
H.R. 5235. A bill to provide a minimum for payments with
respect to counties in the State of Texas from receipts from
national forests; to the Committee on Agriculture.
By Mr. KOPETSKI:
H.R. 5236. A bill to provide for the establishment and
management of the Opal Creek Forest Preserve in the State of
Oregon; jointly, to the Committees on Natural Resources and
Agriculture.
By Mr. SANTORUM:
H.R. 5237. A bill to amend title 31, United States Code, to
close appropriation accounts available for an indefinite
period; to the Committee on Government Operations.
By Mr. ISTOOK (for himself, Mr. Inhofe, Mr. Barrett of
Nebraska, Mr. Bateman, Mr. Dornan, Mr. Moorhead, Mr.
Hansen, Mr. DeLay, Mr. McNulty, Mr. Skeen, Mr. Baker
of California, Mr. Roberts, Mr. Livingston, Mr.
Packard, Mr. Callahan, Mrs. Vucanovich, Mr. Hutto,
Mr. Taylor of North Carolina, Mr. Ballenger, Mr.
Bunning, Mr. Armey, Mr. Bartlett of Maryland, Mr.
Bachus of Alabama, Mr. Kingston, Mr. Doolittle, Mr.
Duncan, Mr. Emerson, Mr. Goodlatte, Mr. Herger, Mr.
Hancock, Mr. McCollum, Mr. Solomon, Mr. Taylor of
Mississippi, Mr. Brewster, Mr. Pete Geren of Texas,
Mr. Dickey, Mr. Ewing, Mr. Gingrich, Mr. Hall of
Texas, Mr. Stearns, Mr. Orton, Mr. Condit, Mr. Hyde,
Mr. Lucas, and Mr. Everett):
H.J. Res. 424. Joint resolution proposing an amendment to
the Constitution of the United States relating to voluntary
school prayer; to the Committee on the Judiciary.
By Mr. BARTON of Texas:
H. Con. Res. 309. Concurrent resolution expressing the
sense of the Congress with respect to the use of selective
inspection and maintenance [I&M] programs as part of State
implementation plans under the Clean Air Act; to the
Committee on Energy and Commerce.
By Mr. BROWDER:
H. Con. Res. 310. Concurrent resolution expressing the
sense of the Congress that any comprehensive health care
reform legislation that is enacted should not take effect
until the legislation is approved through a national
referendum; jointly, to the Committee on Energy and Commerce
and Ways and Means.
By Mr. FARR (for himself, Mr. Johnson of South Dakota,
and Mr. Mica):
H. Con. Res. 311. Concurrent resolution expressing the
sense of the Congress that the percentage of United States
Armed Forces participating in the U.N. led peacekeeping force
in Haiti should not exceed the annual percentage assessed the
United States by the United Nations for contributions to
finance the peacekeeping activities of the United Nations; to
the Committee on Foreign Affairs.
By Mr. HALL of Texas:
H. Con. Res. 312. Concurrent resolution to honor the U.S.
military astronauts who flew to the Moon While on duty with
the National Aeronautics and Space Administration; to the
Committee on Armed Services.
By Mr. THOMAS of California:
H. Con. Res. 313. Concurrent resolution providing for a
technical correction in the enrollment of S.21; considered
and agreed to.
By Mr. FRANK of Massachusetts:
H. Res. 572. Resolution expressing the sense of the House
of Representatives relating to the eradication of slavery
where it exists throughout the world; to the Committee on
Foreign Affairs.
By Mr. POMEROY:
H. Res. 573. Resolution requiring Members of the House of
Representatives to pay, from the Official Expenses Allowance,
the actual cost of extraneous matter printed in that portion
of the Congressional Record entitled ``Extensions of
Remarks''; to the Committee on House Administration.
Para. 121.63 private bills and resolutions
Under clause 1 of rule XXII, private bills and resolutions were
introduced and severally referred as follows:
By Mr. BROOKS:
H.R. 5238. A bill to authorize the vessel R/V Ross Seal to
be documented under the laws of a foreign country during a 3-
year period; to the Committee on Merchant Marine and
Fisheries.
By Mr. KOPETSKI:
H.R. 5239. A bill to amend the fishing endorsement issued
to a vessel owned by Ronnie C. Fisheries, Inc.; to the
Committee on Merchant Marine and Fisheries.
By Mr. TORRES:
H.R. 5240. A bill for the relief of Jose J. Aceves; to the
Committee on the Judiciary.
Para. 121.64 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 50: Mr. Martinez and Mr. Nadler.
H.R. 140: Mr. Smith of Iowa and Mr. Lewis of Kentucky.
H.R. 162: Mr. Goodlatte Mr. Ehlers, and Mr. Levy.
H.R. 635: Mr. Abercrombie.
H.R. 642: Mr. Furse, Ms. Shepherd, and Mr. Skaggs.
H.R. 672: Mr. Reed and Ms. DeLauro.
H.R. 1705: Mr. Machtley, Mr. Wise, Mr. Kopetski, Mr. Payne
of New Jersey, Mr. Thomas of California, and Mr. Kleczka.
H.R. 1780: Mr. Manton.
H.R. 2420: Mr. Calvert and Mr. Hastings.
H.R. 2543: Ms. Eshoo and Mr. Sanders.
H.R. 2717: Mr. Hutchinson and Mr. Knollenberg.
H.R. 2863: Ms. Lowey.
H.R. 3137: Mr. Bachus of Alabama.
H.R. 3207: Mr. Moakley.
H.R. 3334: Mr. Ramstad.
H.R. 3434: Mr. Levin.
H.R. 3526: Mr. Ford of Tennessee, Ms. Norton, and Mr. Price
of North Carolina.
H.R. 3628: Ms. Eddie Bernice Johnson of Texas, Mr.
Hilliard, Mr. Frost, Mr. Quinn, and Mr. Fingerhut.
H.R. 3630: Mr. Evans.
H.R. 3756: Mr. Dreier, Mr. Pombo, Mr. Kim, Mr. Royce, Mr.
Moorhead, Mr. Baker of California, Mr. Doolittle, Mr. Dornan,
Mr. Gallegly, Mr. Herger, Mr. Horn, Mr. Hunter, Mr. Packard,
Mr. Rohrabacher, Mr. Thomas of California, Mr. McCandless,
Mr. Cunningham, Mr. Calvert, and Mr. Huffington.
H.R. 3795: Mr. Packard.
H.R. 3866: Mr. Dixon.
H.R. 3906: Mrs. Thurman, Mr. Quinn, and Ms. Cantwell.
H.R. 3971: Mr. Kingston and Mr. Solomon.
H.R. 4056: Mr. Canady, Mr. Gordon, Mr. Andrews of Texas,
and Mr. Zeliff.
H.R. 4142: Mr. Wyden.
H.R. 4163: Mr. Skaggs.
H.R. 4289: Mr. McHale.
H.R. 4303: Mr. Fawell.
H.R. 4356: Mr. McInnis, Mr. Machtley, Mr. Manzullo, and Mr.
McCollum.
H.R. 4427: Ms. Margolies-Mezvinsky.
H.R. 4491: Mr. Packard.
H.R. 4496: Mr. Laughlin, Mr. Berman, Mr. Owens, Mr. Manton,
and Mr. Serrano.
H.R. 4507: Mr. Hastings.
H.R. 4514: Mr. Doolittle, Mr. Gejdenson, and Mr. Wilson.
H.R. 4531: Mr. Johnston of Florida, Mr. Hastings, and Mr.
Brown of Ohio.
H.R. 4562: Mr. Bonilla, Mr. Dooley, Mr. Bereuter, and Mr.
Minge.
H.R. 4589: Mr. McHale.
H.R. 4831: Mr. Peterson of Florida and Mrs. Fowler.
H.R. 4897: Mr. Johnson of Georgia and Mr. Solomon.
H.R. 4898: Mr. Johnson of Georgia and Mr. Solomon.
H.R. 4936: Mr. Stupak and Mr. Smith of New Jersey.
H.R. 4949: Mr. Thomas of Wyoming and Mr. Solomon.
H.R. 4977: Mr. Kildee.
H.R. 4978: Mr. Kildee.
H.R. 4979: Mr. Kildee.
H.R. 4997: Mr. Klein, Mr. Bonior, Mr. Torricelli, Mr. Goss,
and Mr. Frank of Massachusetts.
H.R. 5043: Mrs. Kennelly, Mr. Rahall, Mr. Menendez, Mr.
Hoyer, Mr. Gekas, Mr. Barlow, Mr. Kleczka, Mr. Johnson of
South Dakota, Mr. Walsh, and Mr. Evans.
H.R. 5055: Mr. Towns, Mr. Torricelli, and Mr. Kreidler.
H.R. 5056: Mr. Shays.
H.R. 5068: Mr. Evans.
H.R. 5073: Mr. DeLay, Mr. Portman, and Mr. Bachus of
Alabama.
H.R. 5076: Mr. Neal of Massachusetts, and Mr. Solomon.
H.R. 5082: Mr. Young of Alaska, Mr. Hutchinson, Mr. Castle,
Mr. Bartlett of Maryland, Mrs. Morella, Mr. Upton, Mr. Franks
of New Jersey, Mr. King, Ms. Molinari, Mr. Fish, Mr.
Boehlert, Mr. Walsh, Mr. Quinn, Mr. Houghton, Mr. Taylor of
North Carolina, Mr. Greenwood, Mr. Ravenel, Mr. Inglis of
South Carolina, Mr. Duncan, Mr. Ridge, Mr. Quillen, Mr.
Hansen, Mr. Dickey, Mr. Schaefer, Mr. Livingston, Mr. Smith
of New Jersey, Mr. Schiff, Mr. Solomon, Mr. Paxon, Mr.
Goodlatte, Mr. Everett, Mr. Kingston, Mr. Collins of Georgia,
Mr. Leach, Mr. Baker of Louisiana, Mrs. Roukema, Mr. Gilman,
Mr. Ballenger, Mr. Inhofe, Mr. Shuster, Mr. Bateman, Ms.
Dunn, Mr. Rogers, Mr. Kasich, Mr. Callahan, Mr. Roth, Mr.
Zeliff, Mrs. Vucanovich, Mr. Bereuter, Mr. Camp, Mr.
Lightfoot, Mr. Smith of Michigan, Mr. Skeen, Ms. Brown of
Florida, Mr. Levy, Mr. Machtley, Mr. Gekas, Mrs. Bentley, Mr.
Wheat, and Mr. Spence.
H.R. 5092: Mr. Underwood, Mr. Barca of Wisconsin, and Ms.
English of Arizona.
H.R. 5100: Mr. Canady.
H.R. 5106: Mr. Ballenger and Mr. Deutsch.
H.R. 5111: Ms. DeLauro and Mr. Hughes.
H.R. 5135: Mr. Barton of Texas, Mr. Ballenger, Mr. Zimmer,
Mr. Cox, Mr. Armey, and Mr. Ramstad.
H.R. 5141: Ms. Slaughter, Mr. Neal of Massachusetts, Ms.
Lowey, Mr. Durbin, Mrs. Byrne, Ms. Shepherd, Mr. de Lugo, Mr.
Farr, Mr. Hillard, Mr. Jacobs, Mr. Fazio, Mr. Torkildsen, Mr.
Hinchey, Ms. Furse, Mr. Romero-Barcelo, Mr. Tucker, Mr.
Vento, Mr. Coppersmith, Mr. Coleman, Ms. Roybal-Allard, Mr.
Engel, Ms. Eddie Bernice Johnson of Texas, and Mr. Neal of
North Carolina.
H.R. 5185: Mr. Pombo, Mr. Dornan, and Mr. Packard.
H.J. Res. 44: Ms. Dunn and Mr. Deal.
H.J. Res. 184: Mrs. Lloyd, Ms. Slaughter, Mr. Flake, Mr.
Dixon, Mr. Dellums, Mr. Payne of New Jersey, Mr. Rose, Mr.
Traficant, Mr. Thompson, Mr. Hyde, Mr. Porter, Mr. Andrews of
Texas, Mr. Baesler, Mr. Glickman, Miss Collins of Michigan,
Mr. Duncan, Mr. Sundquist, Ms. Eddie Bernice Johnson of
Texas, Mr. Lewis of Florida, Mrs. Bentley, Mr. Klein, Mr.
Hutto, Mr. Acker-
[[Page 2404]]
man, Mr. Sangmeister, Mr. Andrews of New Jersey, Mr.
McCollum, Mr. Fields of Texas, Mr. Stump, Mrs. Byrne, Mr.
Castle, Mr. Ford of Tennessee, Mr. Kanjorski, Ms. McKinney,
Mr. Brown of California, Mr. Moorhead, Ms. Kaptur, Mrs.
Meyers of Kansas, Mr. Bateman, Mr. Blute, Mr. Brewster, Mr.
Bliley, Mr. Browder, Mr. Levy, Mr. Reynolds, Mr.
Hochbrueckner, Mr. Dornan, Mr. Bilbray, Mr. Andrews of Maine,
Mr. Torkildsen, Mr. DeLay, Mr. Gingrich, Mr. Saxton, Mrs.
Johnson of Connecticut, Mr. Ford of Michigan, and Mr.
Blackwell.
H.J. Res. 230: Mr. Baker of Louisiana, Mr. Bateman, Mr.
Bilirakis, Mr. Blackwell, Ms. Brown of Florida, Mr. Burton of
Indiana, Mr. DeFazio, Mr. Emerson, Mr. Flake, Mr. Hoyer, Mr.
Hutto, Mr. Kim, Mrs. Meek of Florida, Ms. Molinari, Mr.
Nadler, Mr. Torres, and Mr. Young of Alaska.
H.J. Res. 231: Mrs. Byrne, Mr. Andrews of New Jersey, Mr.
Klein, Mr. Livingston, Mrs. Meek of Florida, Mr. Schaefer,
Mr. Borski, Mr. King, Mr. Murphy, Mr. Hoagland, Mr. Frank of
Massachusetts, Mr. Young of Alaska, Mr. Pickett, Mr. Reed,
Mr. Frost, Mrs. Lloyd, Mr. Manton, and Mr. Hoyer.
H.J. Res. 244: Mr. Moorhead, Mr. Gallegly, Mr. Roth, Mr.
Valentine, Mr. Brown of California, Mr. Filner, Mr. Sabo, Mr.
Stump, Mr. Ballenger, Mr. Calvert, Mr. Diaz-Balart, Mr.
Regula, Mr. Evans, Mrs. Bentley, Mr. Goodlatte, Mr. Martinez,
Mr. Dornan, and Mr. Flake.
H.J. Res. 402: Mr. Solomon, and Mr. Thomas of Wyoming.
H.J. Res. 411: Mrs. Byrne, Mr. Bacchus of Florida, Mr.
Barca of Wisconsin, Mr. Ehlers, Mr. Franks of New Jersey, Mr.
Machtley, Mr. Ramstad, Mr. Gallo, Mr. Hastert, Mr. Goodlatte,
Mr. Smith of Texas, Mr. Brown of California, Mr. Wolf, Mr.
Rogers, Mr. Smith of Oregon, Mr. Stokes, Mrs. Vucanovich, Mr.
Bevill, Mr. Laughlin, Mr. Olver, Mr. Hamburg, Mr. Becerra,
Mr. Scott, Mr. Rostenkowski, Mr. Fields of Louisiana, Mrs.
Mink of Hawaii, Ms. Margolies-Mezvinsky, Ms. Shepherd, Mr.
Darden, Mr. Deal, Mr. Menendez, Mr. Neal of Massachusetts,
Mr. Dellums, Mr. Hutto, Mr. Kanjorski, Mr. Mazzoli, Mr.
Moakley, Mr. Spence, Mrs. Bentley, Mr. Bilirakis, Mr.
McCollum, Mr. Gekas, Mr. Holden, Mr. Shuster, Mr. Murphy, Mr.
Ridge, Mr. Orton, Mr. Andrews of Maine, Mr. Klink, Mr. Neal
of North Carolina, Mr. Sarpalius, Mr. Levy, Mr. Flake, Mr.
Nadler, Mr. Schumer, Mr. Towns, Ms. Velazquez, Ms. Molinari,
Mr. Rangel, Mr. Engel, Mr. Gilman, Mr. Paxon, Mr. LaFalce,
Mr. Houghton, Mr. Sam Johnson, Mr. Smith of Michigan, Mr.
Rohrabacher, Mr. Zimmer, Mr. Calvert, Mr. Hoke, Mr. Bartlett
of Maryland, Mr. Grams, Ms. Snowe, Mr. Upton, Mr. Young of
Florida, Ms. DeLauro, Mr. Hochbrueckner, Mr. Cardin, Mr.
Tauzin, Mr. Lehman, Mr. Hastings, Mr. Doolittle, Mr. Hunter,
Mr. Leach, Mrs. Meyers of Kansas, Mr. Quillen, Mr. Ravenel,
Mr. Roemer, Mr. Faleomavaega, Mr. Serrano, Mr. Hall of Texas,
Mr. Andrews of Texas, Mr. Abercrombie, Mr. Barcia of
Michigan, Mr. Barrett of Wisconsin, Mr. Bishop, Mr. Browder,
Mr. Carr, Mrs. Clayton, Mr. Clyburn, Miss Collins of
Michigan, Mr. Coyne, Mr. Cramer, Ms. Danner, Mr. DeFazio, Mr.
Edwards of Texas, Ms. English of Arizona, Mr. Farr, Mr.
Fingerhut, Mr. Foglietta, Ms. Furse, Mr. Hughes, Ms. Eddie
Bernice Johnson of Texas, Ms. Kaptur, Mr. Kleczka, Mr.
Kopetski, Ms. Lambert, Mrs. Lowey, Mr. Manton, Mr. Markey,
Mr. McHale, Ms. McKinney, Mrs. Meek of Florida, Mr. Minge,
Mr. Moran, Ms. Norton, Mr. Payne of New Jersey, Mr. Gephardt,
Mr. Gonzalez, Mr. Hamilton, Mr. Peterson of Florida, Mr.
Pomeroy, Mr. Rahall, Mr. Romero-Barcelo, Mr. Rose, Mr. Rush,
Mr. Smith of Iowa, Mr. Stenholm, Mr. Stupak, Mr. Synar, Mrs.
Thurman, Mrs. Unsoeld, Ms. Waters, Ms. Woolsey, Mr. Wyden,
and Mr. DeLay.
H.J. Res. 413: Mr. Pastor, Mr. Blute, Mr. Jefferson, Mr.
Tauzin, Mr. Hamilton, Mr. Gonzalez, Mr. Lipinski, Mr.
Emerson, Mr. Romero-Barcelo, Mrs. Mink of Hawaii, Mr. Flake,
Ms. English of Arizona, Mr. Gilman, Mrs. Morella, Mr.
Torkildsen, Mrs. Bentley, Mr. Shaw, Mrs. Meyers of Kansas,
Mr. Crane, Mr. Hobson, Mr. Hyde, Mr. Boehlert, Mr. Fields of
Texas, Mr. Hunter, Mr. Regula, Mr. Thomas of California, Mr.
Oxley, Mr. Myers of Indiana, Mr. Packard, Mr. Lightfoot, Mr.
Ballenger, Mr. Walsh, Mr. Barrett of Nebraska, Mr. Weldon,
Mr. Diaz-Balart, Mr. DeLay, Mr. Skeen, Mr. Leach, Mr.
Solomon, Mr. Livingston, Mr. Ramstad, Mr. McMillan, Mr.
Roberts, Mr. Taylor of North Carolina, Mr. Coble, Mr.
Houghton, Mr. Hansen, Mr. McCrery, Mr. Hayes, Mr. Cox, Mr.
Stump, Mr. Callahan, Mr. Duncan, Mr. Laughlin, Mr. Spence,
Mr. Kim, Mr. Ridge, Mr. Dornan, Mr. Bliley, Mr. Pombo, Mr.
Lucas, Mr. Gingrich, Mr. Lewis of California, Mr. Hastert,
Mr. McHugh, Mr. Smith of New Jersey, Mr. Gilchrest, Mr.
Greenwood, Mr. Hoekstra, Mr. Roth, Ms. Snowe, Mr. Grandy, Mr.
Kolbe, Mr. Ehlers, Mr. Young of Alaska, Mr. Ravenel, Mr.
Porter, Mr. Gekas, Mrs. Fowler, Mr. Bunning, Mr. Smith of
Iowa, Mr. Smith of Texas, Mr. Durbin, Mr. Rogers, Mr. Hall of
Texas, Mr. Fawell, Mr. Cunningham, Mr. Sam Johnson, Mr.
Grams, Mr. Upton, Mr. Gunderson, Mr. McCollum, Mr. Quinn, Mr.
Zimmer, Mr. Bereuter, Ms. Molinari, Mr. Schaefer, Mr. Royce,
Mr. Rohrabacher, Mr. Camp, Mr. Petri, Mr. Calvert, Mr.
Saxton, Mr. McKeon, Mr. Doolittle, Ms. Pryce of Ohio, Mr.
Castle, Ms. Dunn, Mr. Santorum, Mr. Quillen, Mr. Kasich, Mr.
Machtley, Mr. Hutchinson, Mr. Levy, Mr. Lazio, Mr. Baker of
California, Mr. Herger, Mr. Fish, Mr. Portman, Mr. Applegate,
Mr. Miller of Florida, Ms. Long, Mr. Knollenberg, Mr. Frost,
Mr. Bilirakis, Mr. Brooks, Mr. Traficant, Mr. Murphy, Mr.
Miller of California, Mr. Farr, Ms. McKinney, Mr. Glickman,
Mr. Coleman, Mr. Reed, Ms. Collins of Michigan, Ms.
Velazquez, Mr. Serrano, Mr. Cardin, Mr. Payne of Virginia,
Mr. Hoagland, Mr. Hastings, Mr. Ford of Michigan, Mr.
Volkmer, Mr. Barca of Wisconsin, Ms. Danner, Mr. Thornton,
Mr. Mazzoli, Mr. Paxon, Mr. Moorhead, Mr. Armey, Mr. Baker of
Louisiana, Mr. Bartlett of Maryland, Mr. Barton of Texas, Mr.
Bateman, Mr. Buyer, Mr. Clinger, Mr. Collins of Georgia, Mr.
Dickey, Mr. Dreier, Mr. Young of Florida, Mr. Ewing, Mr.
Franks of Connecticut, Mr. Gallegly, Ms. Slaughter, Mr.
Visclosky, Mr. Goodlatte, Mr. Hoke, Mr. Horn, Mrs. Johnson of
Connecticut, Mr. king, Mr. Klug, Mr. Lewis of Kentucky, Mr.
Lewis of Florida, Mr. McCandless, Mr. McDade, Mr. McInnis,
Mr. Michel, Mr. Nussle, Mr. Schiff, Mr. Shuster, Mr. Smith of
Michigan, Mr. Talent, Mr. Thomas of Wyoming, Mrs. Vucanovich,
Mr. Wolf, Mr. Bachus of Alabama, Mr. Kingston, Mr. Mineta,
Mr. Brown of California, Mr. Fazio, Mr. Skelton, Mr. Sisisky,
Mr. Kildee, Mr. Studds, Mr. Gibbons, Mr. Gene Green of Texas,
Mr. Jacobs, Mr. Vento, Mr. Beilenson, Mr. Berman, Mr.
Montgomery, Mr. Markey, Mr. Dingell, Mr. Bilbray, Mr.
Kreidler, Ms. DeLauro, Ms. Lambert, Mr. Kanjorski, Mr. Ford
of Tennessee, Mr. Rahall, Mr. Rose, Mr. Poshard, Mr. Pete
Geren of Texas, Mr. Condit, Mr. Wise, Mr. Wilson, Mr.
Chapman, Mr. Coyne, and Mr. Borski.
H.J. Res. 418: Mr. Paxon and Ms. Dunn.
H.J. Res. 419: Mr. Wolf, Mr. Ewing, Mr. Duncan, and Mrs.
Vucanovich.
H.J. Res. 422: Mr. Wheat, Mr. Meehan, Mr. Deutsch, Ms.
Lowey, Mr. Owens, Mr. Barrett of Wisconsin, and Ms.
Margolies-Mezvinsky.
H. Con. Res. 148: Mrs. Vucanovich and Mr. Wilson.
H. Con. Res. 173: Mr. Roemer, Mr. Montgomery, Mr.
Gejdenson, Mr. Miller of California, Mr. Pomeroy, Mr.
McDermott, Mr. Bishop, Mr. Pallone, Mr. Hastings, Mrs. Byrne,
Mr. Stokes, and Mr. Cox.
H. Con. Res. 233: Mr. Rose, Mr. Nadler, Ms. Cantwell, and
Mr. Neal of Massachusetts.
H. Con. Res. 239: Mr. Filner, Mr. Coleman, and Mr. Volkmer.
H. Con. Res. 243: Mr. Pastor.
H. Con. Res. 247: Mr. Kildee, Mr. Beilenson, and Mr. Wyden.
H. Res. 497: Ms. Furse and Mr. Lewis of Georgia.
H. Res. 525: Mr. Grams.
H. Res. 529: Mr. Thornton.
H. Res. 531: Mr. Clement.
H. Res. 569: Mr. Linder, Mr. Duncan, Mr. Rogers, Mr. Thomas
of Wyoming, Mr. DeLay, Mr. Roth, Mr. Goodlatte, and Mr.
Dickey.
.
FRIDAY, OCTOBER 7, 1994 (122)
The House was called to order by the SPEAKER.
Para. 122.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Thursday, October 7, 1994.
Pursuant to clause 1, rule I, the Journal was approved.
Para. 122.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3926. A letter from the Department of the Air Force,
transmitting notification that the performance of the
contracts for engineering and manufacturing development of
the F-22 aircraft and for design, development, test and
delivery of its engine, F-33657-91-C-0006 and F33657-91-C-
0007 respectively, will continue for a period exceeding 10
years, pursuant to 22 U.S.C. 2352 note; to the Committee on
Armed Services.
3927. A letter from the Department of the Air Force,
transmitting notification that the performance of the
contracts for engineering and manufacturing development of
the B-52 Tri-Service Standoff Attack Missile [TSSAM]
integration contract, F33657-84-C-2256, will continue for a
period exceeding 10 years, pursuant to 22 U.S.C. 2352 note;
to the Committee on Armed Services.
3928. A letter from the Deputy Secretary of Defense,
transmitting the interim report of the Defense Equal
Opportunity Council Task Force On Discrimination and Sexual
Harassment; to the Committee on Armed Services.
3929. A letter from the Federal Housing Finance Board,
transmitting the board's annual report on the low-income
housing and community development activities of the Federal
Home Loan Bank system for 1993, pursuant to 12 U.S.C. 1422a;
to the Committee on Banking, Finance and Urban Affairs.
3930. A letter from the Director, Defense Security
Assistance Agency, transmitting the Department of the Navy's
proposed lease of defense articles to Brazil (Transmittal No.
01-95), pursuant to 22 U.S.C. 2796a(a); to the Committee on
Foreign Affairs.
3931. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting a cooperative feasibility
study to be
[[Page 2405]]
conducted by the United States and eight other NATO nations-
Canada, France, Germany, Italy, the Netherlands, Norway,
Turkey, and the United Kingdom, pursuant to 22 U.S.C.
2767(f); to the Committee on Foreign Affairs.
3932. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting concerning the establishment
and operation of an organization to further the
implementation of Continuous Acquisition and Life-cycle
Support [CALS] within NATO. The participants who are
contributing to the support of the NATO CALS Office--the
executive arm of the organization which will be located on
the premises of NATO Headquarters in Brussels--are Canada,
France, Germany, Italy, the Netherlands, Norway, Spain,
Turkey, the United Kingdom, and the United States, pursuant
to 22 U.S.C. 2767(f); to the Committee on Foreign Affairs.
3933. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Air Force's proposed Letter(s) of Offer and
Acceptance [LOA] to Turkey for defense articles and services
(Transmittal No. 95-01), pursuant to 22 U.S.C. 2776(b); to
the Committee on Foreign Affairs.
3934. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Air Force's proposed Letter(s) of Offer and
Acceptance [LOA] to France for defense articles and services
(Transmittal No. 95-02), pursuant to 22 U.S.C. 2776(b); to
the Committee on Foreign Affairs.
3935. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Army's proposed Letter(s) of Offer and
Acceptance [LOA] to Kuwait for defense articles and services
(Transmittal No. 95-05), pursuant to 22 U.S.C. 2776(b); to
the Committee on Foreign Affairs.
3936. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Air Force's proposed Letter(s) of Offer and
Acceptance [LOA] to Egypt for defense articles and services
(Transmittal No. 95-06), pursuant to 22 U.S.C. 2776(b); to
the Committee on Foreign Affairs.
3937. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting a copy of Transmittal No. A-
95 which relates to enhancement or upgrades from the level of
sensitivity of technology or capability described in section
36(b)(1), AECA certification 92-20 of 27 April 1992, pursuant
to 22 U.S.C. 2776(b)(5)(A); to the Committee on Foreign
Affairs.
3938. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the Secretary's
determination and certification that assistance to the
countries of Europe and the Independent States of the former
Soviet Union from funds appropriated or otherwise made
available under that act is in the national interest of the
United States; to the Committee on Foreign Affairs.
3939. A letter from the Secretary of Defense, transmitting
a report pursuant to section 1206 of the Cooperative Threat
Reduction Act of 1993, title XII of Public Law 103-160 and
the fiscal year 1994 DoD Appropriations Act, Public Law 103-
139; to the Committee on Foreign Affairs.
3940. A letter from the Secretary of the Interior,
transmitting a draft of proposed legislation entitled, ``To
Approve the Location of the Thomas Paine Memorial''; to the
Committee on Natural Resources.
3941. A letter from the Assistant Attorney General,
Department of Justice, transmitting a draft of proposed
legislation to provide statutory authority for the surrender
of fugitives and the provision of judicial assistance to the
International Tribunal for the Prosecution of Persons
responsible for Serious Violations of International
Humanitarian Law in the Territory of the Former Yugoslavia,
in accordance with the United States' obligations under U.N.
Security Council Resolution No. 827; to the Committee on the
Judiciary.
3942. A letter from the Secretary of Energy, transmitting
the Department's 5-Year transportation program plan, pursuant
to section 2021 of the Energy Policy Act of 1992 (42 U.S.C.
13431); jointly, to the Committees on Energy and Commerce and
Science, Space, and Technology.
3943. A letter from the Secretary of Energy, transmitting
the Department's report entitled, ``Clean Energy
Demonstration Project'' proposed by Clean Energy Partners,
L.P.; jointly, to the Committees on Energy and Commerce;
Science, Space, and Technology, and Appropriations.
3944. A letter from the Secretary of Commerce, transmitting
the annual report of the Secretary of Commerce to the
Congress for the fiscal year ending September 30, 1993,
pursuant to 15 U.S.C. 1519; jointly, to the Committees on
Energy and Commerce; Ways and Means; Government Operations;
the Judiciary; Science, Space, and Technology; Post Office
and Civil Service; Banking, Finance and Urban Affairs;
Foreign Affairs; Merchant Marine and Fisheries; and Public
Works and Transportation.
Para. 122.3 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed without amendment bills and a joint
resolution of the House of the following titles:
H.R. 3050. An Act to expand the boundaries of the Red Rock
Canyon National Conservation Area;
H.R. 3678. An Act to authorize the Secretary of the
Interior to negotiate agreements for the use of Outer
Continental Shelf sand, gravel, and shell resources;
H.R. 4196. An Act to ensure that timber-dependent
communities adversely affected by the Forest Plan for a
Sustainable Economy and a Sustainable Environment qualify for
loans and grants from the Rural Development Administration;
H.R. 4535. An Act to amend the Securities Exchange Act of
1934 with respect to the extension of unlisted trading
privileges for corporate securities, and for other purposes;
H.R. 4777. An Act to make technical improvements in the
United States Code by amending provisions to reflect the
current names of congressional committees;
H.R. 5084. An Act to amend title 13, United States Code, to
improve the accuracy of census address lists, and for other
purposes;
H.R. 5116. An Act to amend title 11 of the United States
Code;
H.J. Res. 271. Joint resolution designating the month of
November in each of calendar years 1993 and 1994 as
``National American Indian Heritage Month.''
The message also announced that the Senate agreed to the report of the
committee of conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 4278) ``An Act to make
improvements in the old-age, survivors, and disability insurance program
under title I of the Social Security Act.''
The message also announced that the Senate agreed to the amendment of
the House to the amendment of the Senate to the bill (H.R. 783) ``An Act
to amend title III of the Immigration and Nationality Act to make
changes in the laws relating to nationality and naturalization'' with
amendments.
The message also announced that the Senate agreed to the amendment of
the House to the amendment of the Senate to the bill (H.R. 2440) ``An
Act to amend the Independent Safety Board Act of 1974 to authorize
appropriations for fiscal years 1994, 1995, and 1996, and for other
purposes.''
The message also announced that the Senate had passed bills, a joint
resolution, and a concurrent resolution of the following titles, in
which the concurrence of the House is requested:
S. 560. An Act to further the goals of the Paperwork
Reduction Act to have Federal agencies become more
responsible and publicly accountable for reducing the burden
of Federal paperwork on the public, and for other purposes;
S. 1413. An Act to amend the Ethics in Government Act of
1978, as amended, to extend the authorization of
appropriations for the Office of Government Ethics for eight
years, and for other purposes;
S. 2433. An Act to amend title VIII of the Public Health
Service Act to consolidate and reauthorize nursing education
programs under such title, and for other purposes;
S.J. Res. 188. Joint resolution to designate 1995 the
``Year of the Girl Child''; and
S. Con. Res. 66. Concurrent resolution to recognize and
encourage the convening of a National Silver Haired Congress.
The message also announced that the Senate agreed to the amendment of
the House to the bill (S. 1614) ``An Act to amend the Children Nutrition
Act of 1966 and the National School Lunch Act to promote healthy eating
habits for children and to extend certain authorities contained in such
Acts through fiscal year 1998, and for other purposes.''
Para. 122.4 order of business--private calendar business
On motion of Mr. BOUCHER, by unanimous consent,
Ordered, That business in order under clause 6, rule XXIV, the Private
Calendar rule, be in order today.
Para. 122.5 private calendar
Pursuant to clause 6, rule XXIV, and the special order heretofore
agreed to,
The SPEAKER directed the Private Calendar to be called.
When,
Para. 122.6 bills passed
The bills of the following titles were severally considered, read
twice, ordered to be engrossed and read a third time, were severally
read a third time by title, and passed:
H.R. 3344. A bill for the relief of Lloyd B. Gamble.
H.R. 3917. A bill for the relief of Arthur A. Carron, Jr.
Ordered, That the Clerk request the concurrence of the Senate in said
bills, severally.
Para. 122.7 bills passed over
By unanimous consent, the bills of the following titles were severally
passed over without prejudice and retain their places on the Private
Calendar:
[[Page 2406]]
H.R. 1184. A bill for the relief of Jung Ja Golden.
H.R. 2084. A bill for the relief of Fanie Phily Mateo Angeles.
H.R. 3718. A bill for the relief of Mark A. Potts.
Motions severally made to reconsider the votes whereby each bill on
the Private Calendar was disposed of today were, by unanimous consent,
laid on the table.
Para. 122.8 privileges of the house--return of senate bill
Mr. GIBBONS rose to a question of the privileges of the House and
submitted the following resolution (H. Res. 577):
Resolved, That the bill of the Senate (S. 1216) entitled
the ``Crow Boundary Settlement Act of 1994'', in the opinion
of this House, contravenes the first clause of the seventh
section of the first article of the Constitution of the
United States and is an infringement of the privileges of
this House and that such bill be respectfully returned to the
Senate with a message communicating this resolution.
The SPEAKER pro tempore, Mr. MAZZOLI, ruled that the resolution
submitted did present a question of the privileges of the House under
rule IX, and recognized Mr. GIBBONS and Mr. HERGER, each for thirty
minutes.
After debate,
By unanimous consent, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. MAZZOLI, announced that the yeas had it.
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 122.9 veterans health improvements act of 1993
On motion of Mr. MONTGOMERY, by unanimous consent, the bill (H.R.
3313) to amend title 38, United States Code, to improve health care
services of the Department of Veterans Affairs relating to women
veterans, to extend and expand authority for the Secretary of Veterans
Affairs to provide priority health care to veterans who were exposed to
ionizing radiation or to Agent Orange, to expand the scope of services
that may be provided to veterans through Vet Centers, and for other
purposes; together with the following amendments of the Senate thereto,
was taken from the Speaker's table:
Strike all after the enacting clause and inserting in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Benefits and
Services Amendments of 1994''.
SEC. 2 REVISION IN COMPUTATION OF AGGREGATE GUARANTY FOR HOME
LOANS.
Section 3702(b) of title 38, United States Code, is
amended--
(1) by striking out paragraph (1) and inserting in lieu
thereof the following new paragraph (1):
``(1) the loan has been repaid in full, or the Secretary
has been released from liability as to the loan, or if the
Secretary has suffered a loss on the loan, the loss has been
paid in full; or'';
(2) in paragraph (2), by striking out ``; or'' and
inserting in lieu thereof a period; and
(3) by striking out paragraph (3).
SEC. 3. AUTHORITY TO GUARANTEE HOME REFINANCE LOANS FOR
ENERGY EFFICIENCY IMPROVEMENTS.
(a) Loans.--Section 3710(a) of title 38, United States
Code, is amended by adding after paragraph (10) the
following:
``(11) To refinance in accordance with subsection (e) of
this section an existing loan guaranteed, insured, or made
under this chapter, and to improve the dwelling securing such
loan through energy efficiency improvements, as provided in
subsection (d) of this section.''.
(b) Amount of Guaranty.--Section 3710(e)(1) of such title
is amended--
(1) in the matter above subparagraph (A), by inserting ``or
subsection (a)(11)'' after ``subsection (a)(8)''; and
(2) by amending subparagraph (C) to read as follows:
``(C) the amount of the loan may not exceed--
``(i) an amount equal to the sum of the balance of the loan
being refinanced and such closing costs (including any
discount permitted pursuant to section 3703(c)(3)(A) of this
title) as may be authorized by the Secretary, under
regulations which the Secretary shall prescribe, to be
included in such loan; or
``(ii) in the case of a loan for a purpose specified in
such subsection (a)(11), an amount equal to the sum of the
amount referred to with respect to the loan under clause (i)
of this subparagraph and the amount specified under
subsection (d)(2) of this section;''.
(c) Fee.--Section 3729(a)(2)(E) of such title is amended by
inserting ``3710(a)(11),'' after ``3710(a)(9)(B)(i),''.
SEC. 4. EXPANSION OF PERIOD OF VIETNAM ERA FOR CERTAIN
VETERANS.
(a) Expansion of Era.--Section 101(29) of title 38, United
States Code, is amended to read as follows:
``(29) The term `Vietnam era' means--
``(A) the period beginning February 28, 1961, and ending on
May 7, 1975, in the case of a veteran who served in the
Republic of Vietnam during such period; and
``(B) the period beginning August 5, 1964, and ending on
May 7, 1975, in all other cases.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 1994. No person shall be
entitled to receive by reason of the amendment made by
subsection (a) any benefits for any period before such date.
SEC. 5. EXCLUSION OF CERTAIN PAYMENTS TO ALASKA NATIVES FROM
DETERMINATION OF ANNUAL INCOME FOR PURPOSES OF
ELIGIBILITY FOR PENSION.
Section 1503(a) of title 38, United States Code, is
amended--
(1) by striking out ``and'' at the end of paragraph (9);
(2) by striking out the period at the end of paragraph
(10)(B) and inserting in lieu thereof ``; and''; and
(3) by adding at the end the following new paragraph:
``(11) cash, stock, land, or other interest referred to in
subparagraphs (A) through (E) below paragraph (3) of section
29(c) of the Alaska Native Claims Settlement Act (43 U.S.C.
1626(c)), whether attributable to the disposition of real
property, profits from the operation of real property, or
otherwise, that is received from a Native Corporation under
such Act (43 U.S.C. 1601 et seq.).''.
SEC. 6. AUTHORITY TO ENTER INTO AGREEMENT FOR USE OF PROPERTY
AT EDWARD HINES, JR., DEPARTMENT OF VETERANS
AFFAIRS MEDICAL CENTER.
(a) In General.--The Secretary of Veterans Affairs may
enter into a long-term lease or similar agreement with the
organization known as the The Caring Place at Loyola, Inc., a
not-for-profit organization operating under the laws of the
State of Illinois, to permit that organization to establish
on the grounds of the Edward Hines, Jr., Department of
Veterans Affairs Medical Center, Hines, Illinois, a facility
to provide temporary accommodations for family members of
severely ill children who are being treated at the Loyola
University of Chicago Medical Center.
(b) Terms of Agreement.--An agreement under subsection
(a)--
(1) shall ensure that there shall be no cost to the Federal
Government as a result of the property use authorized under
that subsection;
(2) may permit the use of the property without rent; and
(3) shall, to the extent practicable, ensure that one room
of the facility is available for the use of a veteran (at no
cost to the veteran) as temporary accommodations for the
veteran while the veteran's severely ill child is treated at
the Loyola University of Chicago Medical Center.
Amend the title so as to read: ``To amend title 38, United
States Code, to permit home loan guaranties for energy
efficiency improvements, to extend the period of the Vietnam
era, to exclude certain payments to Alaska natives from
annual income determinations for pension purposes, and for
other purposes.''.
On motion of Mr. MONTGOMERY, said Senate amendments were agreed to
with the following amendment:
In lieu of the matter proposed to be inserted by the
amendment to the Senate to the text of the bill, insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans
Health Programs Extension Act of 1994''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
TITLE I--GENERAL MEDICAL AUTHORITIES
Sec. 101. Sexual trauma counseling and services.
Sec. 102. Research relating to women veterans.
Sec. 103. Extension of expiring authorities.
Sec. 104. Facilities in Republic of the Philippines.
Sec. 105. Savings provision.
TITLE II--CONSTRUCTION AUTHORIZATION
Sec. 201. Authorization of major medical facility projects and major
medical facility leases.
Sec. 202. Authorization of appropriations.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of title 38, United States Code.
TITLE I--GENERAL MEDICAL AUTHORITIES
SEC. 101. SEXUAL TRAUMA COUNSELING AND SERVICES.
(a) Authority To Provide Treatment Services for Sexual
Trauma; Repeal of
[[Page 2407]]
Limitation on Time To Seek Services.--Subsection (a) of
section 1720D is amended--
(1) by striking out paragraph (2); and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) During the period referred to in paragraph (1), the
Secretary may provide appropriate care and services to a
veteran for an injury, illness, or other psychological
condition that the Secretary determines to be the result of a
physical assault, battery, or harassment referred to in that
paragraph.''.
(b) Extension of Period of Authority To Provide Sexual
Trauma Services.--Such subsection is further amended--
(1) in paragraph (1), by striking out ``December 31,
1995,'' and inserting in lieu thereof ``December 31, 1998,'';
and
(2) in paragraph (3), by striking out ``December 31,
1994,'' and inserting in lieu thereof ``December 31, 1998,''.
(c) Repeal of Limitation on Period of Receipt of
Services.--Such section is further amended--
(1) by striking out subsection (b); and
(2) by redesignating subsections (c), (d), and (e) as
subsections (b), (c), and (d), respectively.
(d) Coordination of Care.--Paragraph (1) of subsection (b)
of such section, as redesignated by subsection (c)(2), is
amended to read as follows:
``(1) The Secretary shall give priority to the
establishment and operation of the program to provide
counseling and care and services under subsection (a). In the
case of a veteran eligible for counseling and care and
services under subsection (a), the Secretary shall ensure
that the veteran is furnished counseling and care and
services under this section in a way that is coordinated with
the furnishing of such care and services under this
chapter.''.
(e) Increased Priority of Care.--Section 1712(i) is
amended--
(1) in paragraph (1)--
(A) by inserting ``(A)'' after ``To a veteran''; and
(B) by inserting ``, or (B) who is eligible for counseling
and care and services under section 1720D of this title, for
the purposes of such counseling and care and services''
before the period at the end; and
(2) in paragraph (2)--
(A) by striking out ``, (B)'' and inserting in lieu thereof
``or (B)''; and
(B) by striking out ``, or (C)'' and all that follows
through ``such counseling''.
(f) Program Revision.--(1) Section 1720D is further
amended--
(A) by striking out ``woman'' in subsection (a)(1);
(B) by striking out ``women'' in subsection (b)(2)(C) and
in the first sentence of subsection (c), as redesignated by
subsection (c); and
(C) by striking out ``women'' in subsection (c)(2), as so
redesignated, and inserting in lieu thereof ``individuals''.
(2)(A) The heading of such section is amended to read as
follows:
``Sec. 1720D. Counseling and treatment for sexual trauma''.
(B) The item relating to such section in the table of
sections at the beginning of chapter 17 is amended to read as
follows:
``1720D. Counseling and treatment for sexual trauma.''.
(g) Information by Telephone.--(1) Paragraph (1) of section
1720D(c), as redesignated by subsection (c) of this section,
is amended to read as follows:
``(1) shall include availability of a toll-free telephone
number (commonly referred to as an 800 number); and''.
(2) In providing information on counseling available to
veterans as required under section 1720D(c)(1) of title 38,
United States Code (as amended by paragraph (1)), the
Secretary of Veterans Affairs shall ensure that the
Department of Veterans Affairs personnel who provide
assistance under such section are trained in the provision to
persons who have experienced sexual trauma of information
about the care and services relating to sexual trauma that
are available to veterans in the communities in which such
veterans reside, including care and services available under
programs of the Department (including the care and services
available under section 1720D of such title) and from non-
Department agencies or organizations.
(3) The telephone assistance service shall be operated in a
manner that protects the confidentiality of persons who place
calls to the system.
(4) The Secretary shall ensure that information about the
availability of the telephone assistance service is visibly
posted in Department medical facilities and is advertised
through public service announcements, pamphlets, and other
means.
(5) Not later than 18 months after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report on the operation of the telephone assistance service
required under section 1720D(c)(1) of title 38, United States
Code (as amended by paragraph (1)). The report shall set
forth the following:
(A) The number of persons who sought information during the
period covered by the report through a toll free telephone
number regarding services available to veterans relating to
sexual trauma, with a separate display of the number of such
persons arrayed by State (as such term is defined in section
101(20) of title 38, United States Code).
(B) A description of the training provided to the personnel
who provide such assistance.
(C) The recommendations and plans of the Secretary for the
improvement of the service.
(h) Conforming Repeal.--Section 102(b) of the Veterans
Health Care Act of 1992 (Public Law 102-585; 106 Stat. 4946;
38 U.S.C. 1720D note) is repealed.
SEC. 102. RESEARCH RELATING TO WOMEN VETERANS.
(a) Inclusion of Women and Minorities in Clinical Research
Projects.--Section 7303 is amended--
(1) by transferring the text of subsection (c) to the end
of subsection (a)(1); and
(2) by striking out ``(c)'' and inserting in lieu thereof
the following:
``(c)(1) In conducting or supporting clinical research, the
Secretary shall ensure that, whenever possible and
appropriate--
``(A) women who are veterans are included as subjects in
each project of such research; and
``(B) members of minority groups who are veterans are
included as subjects of such research.
``(2) In the case of a project of clinical research in
which women or members of minority groups will under
paragraph (1) be included as subjects of the research, the
Secretary shall ensure that the project is designed and
carried out so as to provide for a valid analysis of whether
the variables being tested in the research affect women or
members of minority groups, as the case may be, differently
than other persons who are subjects of the research.''.
(b) Health Research.--(1) Such section is further amended
by adding after subsection (c), as added by subsection (a),
the following new subsection:
``(d)(1) The Secretary, in carrying out the Secretary's
responsibilities under this section, shall foster and
encourage the initiation and expansion of research relating
to the health of veterans who are women.
``(2) In carrying out this subsection, the Secretary shall
consult with the following to assist the Secretary in setting
research priorities:
``(A) Officials of the Department assigned responsibility
for women's health programs and sexual trauma services.
``(B) The members of the Advisory Committee on Women
Veterans.
``(C) Members of appropriate task forces and working groups
within the Department (including the Women Veterans Working
Group and the Task Force on Treatment of Women Who Suffer
Sexual Abuse).''.
(2) Section 109 of the Veterans Health Care Act of 1992
(Public Law 102-585; 38 U.S.C. 7303 note) is repealed.
(c) Population Study.--Section 110(a) of the Veterans
Health Care Act of 1992 (Public Law 102-585; 106 Stat. 4948)
is amended by adding at the end of paragraph (3) the
following: ``If it is feasible to do so within the amounts
available for the conduct of the study, the Secretary shall
ensure that the sample referred to in paragraph (1)
constitutes a representative sampling (as determined by the
Secretary) of the ages, the ethnic, social and economic
backgrounds, the enlisted and officer grades, and the
branches of service of all veterans who are women.''.
SEC. 103. EXTENSION OF EXPIRING AUTHORITIES.
(a) Authority To Provide Priority Health Care for Veterans
Exposed to Toxic Substances.--Chapter 17 is amended--
(1) in section 1710(e)(3)--
(A) by striking out ``June 30, 1994'' and inserting in lieu
thereof ``June 30, 1995''; and
(B) by striking out ``December 31, 1994'' and inserting in
lieu thereof ``December 31, 1995''; and
(2) in section 1712(a)(1)(D), by striking out ``December
31, 1994'' and inserting in lieu thereof ``December 31,
1995''.
(b) Drug and Alcohol Abuse and Dependence.--Section
1720A(e) is amended by striking out ``December 31, 1994'' and
inserting in lieu thereof ``December 31, 1995''.
(c) Pilot Program for Noninstitutional Alternatives to
Nursing Home Care.--(1) Effective as of October 1, 1994,
subsection (a) of section 1720C is amended by striking out
``During the four-year period beginning on October 1, 1990,''
and inserting in lieu thereof ``During the period through
September 30, 1995,''.
(2) Such subsection is further amended by striking out
``care and who--'' and inserting in lieu thereof ``care. The
Secretary shall give priority for participation in such
program to veterans who--''.
(d) Enhanced-Use Leases of Real Property.--Section 8169 is
amended by striking out ``December 31, 1994'' and inserting
in lieu thereof ``December 31, 1995''.
(e) Authority for Community-based Residential Care for
Homeless Chronically Mentally Ill Veterans and Other
Veterans.--Section 115(d) of the Veterans' Benefits and
Services Act of 1988 (38 U.S.C. 1712 note) is amended by
striking out ``September 30, 1994'' and inserting in lieu
thereof ``September 30, 1995''.
(f) Demonstration Program of Compensated Work Therapy.--
Sction 7(a) of Public Law 102-54 (105 Stat. 269; 38 U.S.C.
1718 note) is amended by striking out ``1994'' and inserting
in lieu thereof ``1995''.
(g) Report Deadlines.--Section 201(b) of the Department of
Veterans Affairs Nurse Pay Act of 1990 (Public Law 101-366;
38 U.S.C. 1720C note) is amended by striking out ``February
1, 1994,'' and inserting in lieu thereof ``February 1,
1995,''.
SEC. 104. FACILITIES IN REPUBLIC OF THE PHILIPPINES.
Notwithstanding section 1724 of title 38, United States
Code, the Secretary of Veter-
[[Page 2408]]
ans Affairs may contract with facilities in the Republic of
the Philippines other than the Veterans Memorial Medical
Center to furnish, during the period from February 28, 1994,
through June 1, 1994, hospital care and medical services to
veterans for nonservice-connected disabilities if such
veterans are unable to defray the expenses of necessary
hospital care. When the Secretary determines it to be most
feasible, the Secretary may provide medical services under
the preceding sentence to such veterans at the Department of
Veterans Affairs Outpatient Clinic at Manila, Republic of the
Philippines.
SEC. 105. RATIFICATION OF ACTIONS DURING PERIOD OF LAPSED
AUTHORITY.
Any action of the Secretary of Veterans Affairs under
section 1710(e) of title 38, United States Code, during the
period beginning on July 1, 1994, and ending on the date of
the enactment of this Act is hereby ratified.
TITLE II--CONSTRUCTION AUTHORIZATION
SEC. 201. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS
AND MAJOR MEDICAL FACILITY LEASES.
(a) Projects Authorized.--The Secretary of Veterans Affairs
may carry out the major medical facility projects for the
Department of Veterans Affairs, and may carry out the major
medical facility leases for that Department, for which funds
are requested in the budget of the President for fiscal year
1995. The authorization in the preceding sentence applies to
projects and leases which have not been authorized, or for
which funds have not been appropriated, in any fiscal year
before fiscal year 1995 and to projects and leases which have
been authorized, or for which funds were appropriated, in
fiscal years before fiscal year 1995.
(b) Additional Projects.--(1) In addition to the projects
authorized in subsection (a), the Secretary may carry out the
following major medical facility projects in the amounts
specified for such projects:
(A) The projects that are proposed in the documents
submitted to Congress by the Secretary of Veterans Affairs in
conjunction with the budget of the President for fiscal year
1995 to be financed with funds from the proposed Health Care
Investment Fund.
(B) Construction of a nursing home facility at the
Department of Veterans Affairs Medical Center in Charleston,
South Carolina, in the amount of $7,300,000.
(C) Construction of an outpatient care addition at the
Department of Veterans Affairs medical center in Phoenix,
Arizona, in the amount of $50,000,000.
(D) A lease/purchase of a nursing home facility near Fort
Myers, Florida, in the amount of $12,800,000.
(2) The authorizations in paragraph (1) apply to projects
which have not been authorized, or for which funds have not
been appropriated, in any fiscal year before fiscal year 1995
and to projects which have been authorized, or for which
funds were appropriated, in fiscal years before fiscal year
1995.
(c) Projects for Which Funds Appropriated.--In addition to
the projects authorized in subsections (a) and (b), the
Secretary may carry out the following major medical facility
projects for which funds were appropriated in chapter 7 of
the Emergency Supplemental Appropriations Act of 1994 (title
I of Public Law 103-211; 108 Stat. 10) in the amounts
specified:
(1) Construction of an ambulatory care/support services
facility at the Department of Veterans Affairs Medical Center
in Sepulveda, California, $53,700,000.
(2) Other major medical facility projects required to
repair, restore, or replace earthquake-damaged facilities at
the Department of Veterans Affairs Medical Center in
Sepulveda, California, $50,000,000.
SEC. 202. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
the Secretary of Veterans Affairs for fiscal year 1995--
(1) $379,370,000 for the major medical facility projects
authorized in subsections (a), (b), and (c) of section 201;
and
(2) $15,800,000 for the major medical facility leases
authorized in section 201(a).
(b) Limitation.--The projects authorized in subsections (a)
and (b) of section 201 may only be carried out using--
(1) funds appropriated for fiscal year 1995 pursuant to the
authorization of appropriations in subsection (a);
(2) funds appropriated for Construction, Major Projects for
a fiscal year before fiscal year 1995 that remain available
for obligation; and
(3) funds appropriated for Construction, Major Projects for
fiscal year 1995 for a category of activity not specific to a
project.
(c) Limitation on Certain Projects.--The projects
authorized in subsection (c) of section 201 may only be
carried out using--
(1) funds appropriated to the Construction, Major Projects
account under chapter 7 of the Emergency Supplemental
Appropriations Act of 1994 (title I of Public Law 103-211;
108 Stat. 10) and funds transferred by the President to the
Construction, Major Projects account pursuant to chapter 8 of
that Act (108 Stat. 14);
(2) funds appropriated to the Medical Care account by
chapter 7 of the Emergency Supplemental Appropriations Act of
1994 that are transferred to the Construction, Major Projects
account;
(3) funds appropriated to the Construction, Major Projects
account for a fiscal year before fiscal year 1995 that remain
available for obligation; and
(4) funds appropriated to the Construction, Major Projects
account for fiscal year 1995 for a category of activity not
specific to a project.
In lieu of the amendment of the Senate to the title of the
bill, amend the title so as to read: ``An Act to amend title
38, United States Code, to extend certain expiring veterans'
health care programs, and for other purposes.''.
A motion to reconsider the vote whereby said Senate amendments were
agreed to with amendments was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendments.
Para. 122.10 veterans' compensation cost-of-living adjustment
On motion of Mr. MONTGOMERY, by unanimous consent, the bill of the
Senate (S. 1927) to increase the rates of compensation for veterans with
service-connected disabilities and the rates of dependency and indemnity
compensation for the survivors of certain disabled veterans; together
with the following amendment of the Senate to the amendment of the House
was taken from the Speaker's table:
In lieu of the matter proposed to be inserted by the House
amendment to the text of the bill, insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Compensation Cost-
of-Living Adjustment Act of 1994''.
SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND
DEPENDENCY AND INDEMNITY COMPENSATION.
(a) Rate Adjustment.--The Secretary of Veterans Affairs
shall, effective on December 1, 1994, increase the dollar
amounts in effect for the payment of disability compensation
and dependency and indemnity compensation by the Secretary,
as specified in subsection (b)--
(b) Amounts To Be Increased.--The dollar amounts to be
increased pursuant to subsection (a) are the following:
(1) Compensation.--Each of the dollar amounts in effect
under section 1114 of title 38, United States Code.
(2) Additional compensation for dependents.--Each of the
dollar amounts in effect under section 1115(1) of such title.
(3) Clothing allowance.--The dollar amount in effect under
section 1162 of such title.
(4) New dic rates.--The dollar amounts in effect under
paragraphs (1) and (2) of section 1311(a) of such title.
(5) Old dic rates.--Each of the dollar amounts in effect
under section 1311(a)(3) of such title.
(6) Additional dic for disability.--The dollar amounts in
effect under sections 1311(c) and 1311(d) of such title.
(7) DIC for dependent children.--The dollar amounts in
effect under sections 1313(a) and 1314 of such title.
(c) Determination of Percentage Increase.--(1) The increase
under subsection (a) shall be made in the dollar amounts
specified in subsection (b) as in effect on November 30,
1994. Each such amount shall be increased by the same
percentage as the percentage by which benefit amounts payable
under title II of the Social Security Act (42 U.S.C. 401 et
seq.) are increased effective December 1, 1994, as a result
of a determination under section 215(i) of such Act (42
U.S.C. 415(i)).
(2) In the computation of increased dollar amounts pursuant
to paragraph (1), any amount which as so computed is not an
even multiple of $1 shall be rounded to the next lower whole
dollar amount.
(d) Special Rule.--The Secretary may adjust
administratively, consistent with the increases made under
subsection (a), the rates of disability compensation payable
to persons within the purview of section 10 of Public Law 85-
857 (72 Stat. 1263) who are not in receipt of compensation
payable pursuant to chapter 11 of title 38, United States
Code.
SEC. 3. PUBLICATION OF ADJUSTED RATES.
At the same time as the matters specified in section
215(i)(2)(D) of the Social Security Act (42 U.S.C.
415(i)(2)(D)) are required to be published by reason of a
determination made under section 215(i) of such Act during
fiscal year 1994, the Secretary of Veterans Affairs shall
publish in the Federal Register the amounts specified in
section 2(b), as increased pursuant to section 2.
On motion of Mr. MONTGOMERY, said Senate amendment to the House
amendment was agreed to.
A motion to reconsider the vote whereby said Senate amendment to the
House amendment was agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
Para. 122.11 new london national fishing hatchery
On motion of Mr. STUDDS, by unanimous consent, the bill (H.R. 3664) to
direct the Secretary of the Interior to convey to the State of Minnesota
the New London National Fishing Hatchery production facility; together
with the following amendments of the Senate thereto, was taken from the
Speaker's table:
[[Page 2409]]
SEC. 2. CONVEYANCE OF THE FAIRPORT NATIONAL FISH HATCHERY TO
THE STATE OF IOWA.
(a) Conveyance.--The Secretary of the Interior shall convey
to the State of Iowa, without reimbursement and by no later
than December 31, 1994, all right, title, and interest of the
United States in and to the fish hatchery described in
subsection (b) for use by the State for purposes of fishery
resources management.
(b) Hatchery Described.--The fish hatchery described in
subsection (a) is the Fairport National Fish Hatchery located
in Muscatine County, Iowa, adjacent to State Highway 22 west
of Davenport, Iowa, including all real property, improvements
to real property, and personal property.
(c) Use and Reversionary Interest.--The property conveyed
to the State of Iowa pursuant to this section shall be used
by the State for purposes of fishery resources management,
and if it is used for any other purpose all right, title, and
interest in and to all property conveyed pursuant to this
section shall revert to the United States.
SEC. 3. CONVEYANCE OF CORNING NATIONAL FISH HATCHERY TO THE
STATE OF ARKANSAS.
(a) Conveyance Requirement.--The Secretary of the Interior
shall convey to the State of Arkansas, without reimbursement
and by no later than December 31, 1994, all right, title, and
interest of the United States in and to the property
described in subsection (b), for use by the Arkansas Game and
Fish Commission as part of the State of Arkansas fish culture
program.
(b) Property Described.--The property referred to in
subsection (a) is the property known as the Corning National
Fish Hatchery (popularly known as the William H. Donham State
Fish Hatchery), located one mile west of Corning, Arkansas,
on Arkansas State Highway 67 in Clay County, Arkansas
consisting of 137.34 acres (more or less), and all
improvements and related personal property under the control
of the Secretary that is located on that property, including
buildings, structures, and equipment.
(c) Reversionary Interest of United States.--All right,
title, and interest in property described in subsection (b)
shall revert to the United States if the property ceases to
be used as part of the State of Arkansas fish culture
program. The State of Arkansas shall ensure that the property
reverting to the United States is in substantially the same
or better condition as at the time of transfer.
Amend the title so as to read: ``A bill to direct the
Secretary of the Interior to transfer certain national fish
hatcheries.''.
On motion of Mr. STUDDS, said Senate amendments were agreed to with
the following amendments:
In lieu of the matter proposed to be inserted by the Senate
amendment to the text, insert the following:
TITLE I--FISH HATCHERY CONVEYANCES
SECTION 101. CONVEYANCE OF NEW LONDON NATIONAL FISH HATCHERY
PRODUCTION FACILITY TO THE STATE OF MINNESOTA.
(a) Conveyance Authorized.--Notwithstanding any other
provision of law and within 180 days after the enactment of
this Act, the Secretary of the Interior shall convey to the
State of Minnesota without reimbursement all right, title,
and interest of the United States in and to the property
comprising the New London National Fish Hatchery production
facility, located outside of downtown New London, Minnesota,
including--
(1) all easements and water rights relating to that
property; and
(2) all land, improvements, and related personal property
comprising that production facility.
(b) Use of Property.--All property and interests conveyed
under this section shall be used by the Minnesota Department
of Natural Resources for the Minnesota fishery resources
management program.
(c) Reversionary Interest.--All right, title, and interest
in and to all property interests conveyed under this section
shall revert to the United States on any date on which any of
the property or interests are used other than for the
Minnesota fishery resources management program.
SEC. 102. CONVEYANCE OF THE FAIRPORT NATIONAL FISH HATCHERY
TO THE STATE OF IOWA.
(a) Conveyance.--The Secretary of the Interior shall convey
to the State of Iowa, without reimbursement and by no later
than December 31, 1994, all right, title, and interest of the
United States in and to the fish hatchery described in
subsection (b) for use by the State for purposes of fishery
resources management.
(b) Hatchery Described.--The fish hatchery described in
subsection (a) is the Fairport National fish Hatchery located
in Muscatine County, Iowa, adjacent to the State Highway 22
west of Davenport, Iowa, including all real property,
improvements to real property, and personal property.
(c) Use and Reversionary Interest.--The property conveyed
to the State of Iowa pursuant to this section shall be used
by the State for purposes of fishery resources management,
and if it is used for any other purpose all right, title, and
interest in and to all property conveyed pursuant to this
section shall revert to the United States.
SEC. 103. CONVEYANCE OF CORNING NATIONAL FISH HATCHERY TO THE
STATE OF ARKANSAS.
(a) Conveyance Requirement.--The Secretary of the Interior
shall convey to the State of Arkansas, without reimbursement
and by no later than 90 days after the enactment of this act,
all right, title, and interest of the United States in and to
the property described in subsection (b), for use by the
Arkansas Game and Fish Commission as part of the State of
Arkansas Fish culture program.
(b) Property Described.--The property referred to in
subsection (a) is the property known as the Corning National
Fish Hatchery (popularly known as the William H. Donham State
Fish Hatchery), located one mile west of Corning, Arkansas,
on Arkansas State Highway 67 in Clay County, Arkansas,
consisting of 137.34 acres (more or less), and all
improvements and related personal property under the control
of the Secretary that is located on that property, including
buildings, structures, and equipment.
(c) Reversionary Interest of the United States.--All right,
title, and interest in property described in subsection (b)
shall revert to the United States if the property ceases to
be used as part of the State of Arkansas fish culture
program. The State of Arkansas shall ensure that the property
reverting to the United States is in substantially the same
or better condition as at the time of transfer.
TITLE II--OCEAN RADIOACTIVE WASTE DUMPING BAN
SEC. 201. OCEAN RADIOACTIVE WASTE.
(a) Amendments to the Ocean Dumping Act.--The Marine
Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C.
1401 et seq.) is amended--
(1) in section 3 (33 U.S.C. 1402), by--
(A) striking paragraph (j); and
(B) redesignating the following paragraphs accordingly;
(2) by altering a reference to the paragraphs redesignated
under paragraph (1) of this section;
(3) in section 102(a) (33 U.S.C. 1412(a)), by striking
``high-level'' before ``radioactive waste''; and
(4) in section 104 (33 U.S.C. 1414), by striking subsection
(i).
(b) Clarification.--Nothing in this section shall affect
the transportation of material containing de minimis levels
of radioactivity for the purpose of dumping it into ocean
waters under the Marine Protection, Research, and Sanctuaries
Act of 1972.
TITLE III--THE EDWIN B. FORSYTHE NATIONAL WILDLIFE REFUGE
SEC. 301. VISITOR CENTER.
(a) Authority.--
(1) In general.--The Secretary of the Interior shall,
subject to the availability of appropriations, construct and
operate a visitor center at the Edwin B. Forsythe National
Wildlife Refuge in Atlantic County, New Jersey for purposes
of--
(A) providing public opportunities, facilities, and
resources to study the natural history and natural resources
of New Jersey and its coast;
(B) providing public opportunities, facilities, and
resources to highlight and research areas and artifacts of
historical significance within the Refuge;
(C) fostering an awareness and understanding of the
interactions among wildlife, coastal and wetland ecosystems,
and human activities both in a modern and historical context;
and
(D) providing office space and facilities for refuge
administration, research, educational, and related
activities.
(b) Design.--The Secretary of the Interior shall ensure
that the design, size, and location of a facility constructed
under this section are consistent with the cultural and
natural history of the area with which the facility will be
concerned.
(c) Cost Sharing.--The Secretary of the Interior may accept
contributions of funds from non-Federal sources to pay the
costs of operating and maintaining the facility authorized
under this section, and shall diligently pursue appropriate
steps to obtain such contributions.
TITLE IV--STATE AND FEDERAL COOPERATION
Sec. 401. In General.--To the greatest extent practicable,
the Secretary of the Interior and the heads of other federal
agencies shall consult and cooperate with state fish and
wildlife agency personnel on areas of mutual concern
involving the conservation of fish, wildlife and their
habitats, and the implementation of federal laws involving
the conservation of such species and their habitats. In
cooperating with such agencies, the Secretary and the heads
of other federal agencies shall not be subject to the
provisions of the Federal Advisory Committee Act (5 U.S.C.
APP. 2).
TITLE V--DON EDWARDS CENTER FOR ENVIRONMENTAL EDUCATION AT SAN
FRANCISCO BAY NATIONAL WILDLIFE REFUGE
SEC. 501 FINDINGS.
The Congress Finds that--
(1) The San Francisco Bay National Wildlife Refuge provides
great opportunities for observing and interpreting the
biological richness of the San Francisco Bay estuary and its
wetlands and wildlife.
(2) Congressman Don Edwards was the sponsor of legislation
to establish and to expand the San Francisco Bay National
Wildlife Refuge and has led the efforts to secure acquisition
funds for the refuge.
(3) The people of the San Francisco Bay area and the State
of California will benefit, for decades to come, from the
tireless efforts of Congressman Don Edwards on behalf of
environmental protection and specifically, in
[[Page 2410]]
establishing the San Francisco Bay National Wildlife Refuge.
(4) Congressman Don Edwards should most appropriately be
recognized for his work by having the San Francisco Bay
National Wildlife Refuge visitor center named and dedicated
in his honor.
SEC. 502. SAN FRANCISCO BAY NATIONAL WILDLIFE REFUGE NAMED AS
DON EDWARDS CENTER FOR ENVIRONMENTAL EDUCATION.
Within 60 days of enactment, the Secretary of the Interior
shall rename the San Francisco Bay National Wildlife Refuge
visitor center as the Don Edwards Center for Environmental
Education.
SEC. 503. COST SHARING.
Notwithstanding any provision of law, the Secretary of the
Interior may solicit, accept and expend contributions of
funds from non-Federal sources to help support the costs of
operation and maintenance of the Don Edwards Center for
Environmental Education.
TITLE VI--AMENDMENTS TO THE COASTAL BARRIER RESOURCES SYSTEM
SEC. 601. CORRECTION TO MAPS.
(a) In General.--The Secretary of the Interior shall, not
later than 30 days after the enactment of this Act, make such
corrections to the maps described in subsection (b) as are
necessary to ensure that--
(1) depictions of areas on the maps are consistent with the
depictions of areas appearing on the maps entitled ``Coastal
Barrier Resources System'', dated September 27, 1994, and on
file with the Secretary of the Interior; and
(2) the Coastal Barriers Resources System does not include
any area that, on the day before the date of the enactment of
this Act, was part of unit FL-O5P of the system.
(b) Maps Described.--The maps described in this subsection
are maps that--
(1) are included in a set of maps entitled ``Coastal
Barrier Resources System'', dated October 24, 1990; and
(2) relate to the following units of the Coastal Barrier
Resources System: AL-01P, FL-O5P, P11A, P17, P17A, P18P,
P19P, FL-15, FL-95P, FL-36P, P31P, FL-72P, MI-21, NY-75, and
VA-62P.
(c) Authorization of Appropriations.--Section 12 of Coastal
Barrier Resources Act (16 U.S.C. 3510) is amended to read as
follows:
``SEC 12. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary
for carrying out this Act $2,000,000 for each of fiscal years
1995 through 1998.''.
TITLE VII--RHINOCEROS AND TIGER CONSERVATION
SEC. 701. SHORT TITLE.
This title may be cited as the ``Rhinoceros and Tiger
Conservation Act of 1994''.
SEC. 702. FINDINGS.
The Congress finds the following:
(1) The world's rhinoceros population is declining at an
alarming rate, a 90 percent decline since 1970.
(2) All 5 subspecies of tiger are currently threatened with
extinction in the wild, with approximately 5,000 to 6,000
tigers remaining worldwide.
(3) All rhinoceros species have been listed on Appendix I
of CITES since 1977.
(4) All tiger subspecies have been listed on Appendix I of
CITES since 1987.
(5) The tiger and all rhinoceros species, except the
southern subspecies of white rhinoceros, are listed as
endangered species under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
(6) In 1987, the parties of CITES adopted a resolution that
urged all parties to establish a moratorium on the sale and
trade in rhinoceros products (other than legally taken
trophies), to destroy government stockpiles of rhinoceros
horn, and to exert pressure on countries continuing to allow
trade in rhinoceros products.
(7) On September 7, 1993, under section 8 of the
Fishermen's Protective Act of 1967 (22 U.S.C. 1978) the
Secretary certified that the People's Republic of China and
Taiwan were engaged in trade of rhinoceros parts and tiger
parts that diminished the effectiveness of an international
conservation program for that endangered species.
(8) On September 9, 1993, the Standing Committee on CITES,
in debating the continuing problem of trade in rhinoceros
horn and tiger parts, adopted a resolution urging parties to
CITES to implement stricter domestic measures, up to and
including an immediate prohibition in trade in wildlife
species.
(9) On November 8, 1993, under section 8 of the Fishermen's
Protection Act of 1967 (22 U.S.C. 1978), the President
announced that the United States would impose trade sanction
against China and Taiwan unless substantial progress was made
by March 1994 towards ending trade in rhinoceros and tiger
products.
(10) On April 11, 1994, under section 8 of the Fishermen's
Protective Act of 1967 (22 U.S.C. 1978), the President--
(A) directed that imports of wildlife specimens and
products from Taiwan be prohibited, in response to Taiwan's
failure to undertake sufficient actions to stop illegal
rhinoceros and tiger trade; and
(B) indicated that the certification of China would remain
in effect and directed that additional monitoring of China's
progress be undertaken.
SEC. 703. PURPOSES.
The purposes of this Act are the following:
(1) To assist in the conservation of rhinoceros and tigers
by supporting the conservation programs of nations whose
activities directly or indirectly affect rhinoceros and tiger
populations, and the CITES Secretariat.
(2) To provide financial resources for those programs.
SEC 704. DEFINITIONS.
In this Act--
(1) ``CITES'' means the Convention of International Trade
in Endangered Species of Wild Fauna and Flora, signed on
March 3, 1973, and its appendices;
(2) ``conservation'' means the use of all methods and
procedures necessary to bring rhinoceros and tigers to the
point at which there are sufficient populations to ensure
that those species do not become extinct, including all
activities associated with scientific resource management,
such as research, census, law enforcement, habitat
protection, acquisition, and management, propagation, live
trapping, and transportation;
(3) ``Fund'' means the Rhinoceros and Tiger Conservation
Fund established under section 706(a);
(4) ``Secretary'' means the Secretary of the Interior; and
(5) ``Administrator'' means the Administrator of the Agency
for International Development.
SEC. 705. RHINOCEROS AND TIGER CONSERVATION ASSISTANCE.
(a) In General.--The Secretary, subject to the availability
of appropriations and in consultation with the Administrator,
shall use amounts in the Fund to provide financial assistance
for projects for the conservation of rhinoceros and tigers.
(b) Project Proposal.--A country whose activities directly
or indirectly affect rhinoceros or tiger populations, the
CITES Secretariat, or any other person may submit to the
Secretary a project proposal under this section. Each
proposal shall--
(1) name the individual responsible for conducting the
project;
(2) state the purposes of the project succinctly;
(3) describe the qualifications of the individuals who will
conduct the project;
(4) estimate the funds and time required to complete the
project;
(5) provide evidence of support of the project by
appropriate governmental entities of countries in which the
project will be conducted, if the Secretary determines that
the support is required for the success of the project; and
(6) provide any other information the Secretary considers
to be necessary for evaluating the eligibility of the project
for funding under this Act.
(c) Project Review and Approval.--Within 30 days of
receiving a final project proposal, the Secretary shall
provide a copy of the proposal to the Administrator. The
Secretary shall review each final project proposal to
determine if it meets the criteria set forth in subsection
(d). Not later than 6 months after receiving a final project
proposal, and subject to the availability of funds, the
Secretary, after consulting with the Administrator, shall
approve or disapprove the proposal and provide written
notification to the person who submitted the proposal, to the
Administrator, and to each country within which the project
is to be conducted.
(d) Criteria for Approval.--The Secretary may approve a
project under this section if the project will enhance
programs for conservation of rhinoceros or tigers by
assisting efforts to--
(1) implement conservation programs;
(2) enhance compliance with provisions of CITES and laws of
the United States or a foreign country that prohibit or
regulate the taking or trade of rhinoceros or tigers or the
use of rhinoceros or tiger habitat; or
(3) develop sound scientific information on that species'
habitat condition and carrying capacity, total numbers and
population trends, or annual reproduction and mortality.
(e) Project Sustainability.--To the maximum extent
practical, the Secretary should give consideration to
projects which will enhance sustainable development programs
to ensure effective, long-term conservation of rhinoceros and
tigers.
(f) Project Reporting.--Each person that receives
assistance under this section for a project shall provide
periodic reports, as the Secretary considers necessary, to
the Secretary and the Administrator. Each report shall
include all information requested by the Secretary, after
consulting with the Administrator, for evaluating the
progress and success of the project.
SEC. 706. RHINOCEROS AND TIGER CONSERVATION FUND.
(a) Establishment.--There is established in the general
fund of the Treasury a separate account to be known as the
``Rhinoceros and Tiger Conservation Fund'', which shall
consist of amounts deposited into the Fund of the Secretary
of the Treasury under subsection (b).
(b) Deposits Into the Fund.--The Secretary of the Treasury
shall deposit into the Fund--
(1) all amounts received by the Secretary in the form of
donations under subsection (d); and
(2) other amounts appropriated to the Fund.
(c) Use.--
(1) In general.--Subject to paragraph (2), the Secretary
may use amounts in the Fund without further appropriation to
provide assistance under section 705.
(2) Administration.--Of amounts in the Fund available for
each fiscal year, the Secretary may use not more than 3
percent to administer the Fund.
[[Page 2411]]
(d) Acceptance and Use of Donations.--The Secretary may
accept and use donations to provide assistance under section
705. Amounts received by the Secretary in the form of
donations shall be transferred to the Secretary of the
Treasury for deposit into the Fund.
SEC. 707. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Fund
$10,000,000 for each of fiscal years 1996, 1997, 1998, 1999,
and 2000 to carry out this Act, to remain available until
expended.
Amend the title so as to read ``A bill to direct the
Secretary of the Interior to transfer certain national fish
hatcheries, and for other purposes''.
A motion to reconsider the vote whereby said Senate amendments were
agreed to with amendments was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendments.
Para. 122.12 payments in lieu of taxes
The SPEAKER pro tempore, Mr. MAZZOLI, pursuant to House Resolution 565
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill of the Senate (S. 455) to amend title 31, United States Code,
to increase Federal payments to units of general local government for
entitlement lands, and for other purposes.
The SPEAKER pro tempore, Mr. MAZZOLI, by unanimous consent, designated
Mr. LANCASTER as Chairman of the Committee of the Whole; and after some
time spent therein,
Para. 122.13 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment in the nature of a substitute
submitted by Mr. MILLER of California:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSE.
(a) Short Title.--This Act may be cited as the
``Supplemental Payments in Lieu of Taxes Act of 1994''.
(b) Findings.--The Congress finds that--
(1) since 1907, Congress has enacted a variety of laws
under which the United States makes payments to States and
local governments based in various ways on the location,
management, or use of Federal lands;
(2) in 1970, the Public Land Law Review Commission found
that ``existing revenue-sharing programs do not meet a
standard of equity and fair treatment either to State and
local governments nor to the Federal taxpayers'' and
recommended that these programs be replaced with a system of
payments-in-lieu-of-taxes (``PILT'');
(3) in 1976, Congress enacted a PILT program, based
primarily on the location rather than the management or use
of Federal lands, in addition to, but not as a replacement
for, other payment programs;
(4) local governmental units eligible for payments under
the PILT program vary considerably in terms of the rates of
taxation of non-Federal lands, the services provided to and
received from the United States because of the location of
Federal lands, and the level of payments received from the
United States under programs other than the PILT program;
(5) since 1976, inflation has eroded the purchasing power
of PILT payments, while other developments have greatly
affected the other payments to States and local governments
that are related to the management and use of Federal lands;
and
(6) under the circumstances described in these findings, it
is appropriate to authorize temporary increases in payments
under the PILT program, and to provide for later
consideration of a restructuring of both the PILT program and
other payment programs, along lines suggested by the Public
Land Law Review Commission.
(c) Purpose.--The purpose of this Act is to authorize a
temporary increase in PILT payments, while requiring a review
of payment programs and the submission of recommendations as
to whether the PILT program and other payment programs should
be revised to more fully achieve the goals of equitable
treatment of both payment recipients and the Federal
taxpayers.
SEC. 2. DEFINITIONS AND ADDITIONAL PAYMENTS.
(a) Definitions.--As used in this Act--
(1) the term ``PILT Act'' means chapter 69 of title 31,
United States Code;
(2) the term ``unit of general local government'' has the
same meaning as in the PILT Act; and
(3) the term ``supplemental PILT payments'' means payments
made under this Act.
(b) Supplemental Payments in Fiscal Years 1996 and 1997.--
(1) There are hereby authorized to be appropriated such sums
as may be necessary for supplemental PILT payments pursuant
to this Act to be made for fiscal years 1996 and 1997 to
units of general local government qualified to receive
payments under the PILT Act.
(2) Payments authorized by this Act shall be calculated in
the same manner as payments under the PILT Act, except that
solely for the purpose of calculating payments authorized by
this Act--
(A) the phrase ``93 cents for each acre of entitlement land
for fiscal year 1996, and $1.11 for fiscal year 1997,'' shall
be substituted in subparagraph (A) of section 6903(b)(1) of
title 31, United States Code, in lieu of ``75 cents per each
acre of entitlement land''; and
(B) the following tables shall be substituted for the table
at the end of section 6903(c)(2) of title 31, United States
Code--
(i) for fiscal year 1996:
If population equals-- the limitation is equal to
the population times--
5,000............................................................$62.00
6,000.............................................................58.00
7,000.............................................................54.50
8,000.............................................................51.00
9,000.............................................................47.00
10,000............................................................43.50
11,000............................................................42.00
12,000............................................................41.00
13,000............................................................40.00
14,000............................................................38.50
15,000............................................................37.00
16,000............................................................36.50
17,000............................................................36.00
18,000............................................................35.50
19,000............................................................34.50
20,000............................................................34.00
21,000............................................................33.75
22,000............................................................33.50
23,000............................................................33.00
24,000............................................................32.50
25,000............................................................32.25
26,000............................................................32.00
27,000............................................................31.75
28,000............................................................31.50
29,000............................................................31.25
30,000............................................................31.00
31,000............................................................30.75
32,000............................................................30.50
33,000............................................................30.00
34,000............................................................29.75
35,000............................................................29.50
36,000............................................................29.25
37,000............................................................28.75
38,000............................................................28.50
39,000............................................................28.25
40,000............................................................28.00
41,000............................................................27.50
42,000............................................................27.25
43,000............................................................27.00
44,000............................................................26.50
45,000............................................................26.25
46,000............................................................26.00
47,000............................................................25.75
48,000............................................................25.50
49,000............................................................25.00
50,000............................................................24.75
(ii) for fiscal year 1997:
If population equals-- the limitation is equal to
the population times--
5,000..........................................................$74.00
6,000.......................................................... 68.50
7,000.......................................................... 65.00
8,000.......................................................... 61.00
9,000.......................................................... 56.00
10,000.......................................................... 52.00
11,000.......................................................... 50.50
12,000.......................................................... 49.00
13,000.......................................................... 47.50
14,000.......................................................... 46.00
15,000.......................................................... 44.50
16,000.......................................................... 43.50
17,000.......................................................... 43.00
18,000.......................................................... 42.00
19,000.......................................................... 41.50
20,000.......................................................... 41.00
21,000.......................................................... 40.25
22,000.......................................................... 40.00
23,000.......................................................... 39.50
24,000.......................................................... 39.00
25,000.......................................................... 38.50
26,000.......................................................... 38.25
27,000.......................................................... 38.00
28,000.......................................................... 37.50
29,000.......................................................... 37.25
30,000.......................................................... 37.00
31,000.......................................................... 36.75
32,000.......................................................... 36.25
33,000.......................................................... 36.00
34,000.......................................................... 35.50
35,000.......................................................... 35.00
36,000.......................................................... 34.75
37,000.......................................................... 34.50
38,000.......................................................... 34.00
39,000.......................................................... 33.75
40,000.......................................................... 33.25
41,000.......................................................... 33.00
42,000.......................................................... 32.50
43,000.......................................................... 32.25
44,000.......................................................... 32.00
45,000.......................................................... 31.50
46,000.......................................................... 31.00
47,000.......................................................... 30.75
48,000.......................................................... 30.50
49,000.......................................................... 30.00
50,000.......................................................... 29.50
SEC. 3. STUDY AND REPORT.
(a) Deadline and Recommendations.--(1) No later than
January 1, 1996, the Comptroller General of the United States
shall submit to the Congress a report concerning the results
of the study described in subsection (b) of this section.
(2) The report required by paragraph (1) shall include
recommendations for revisions of the PILT Act and other laws
that would--
(A) provide reasonably predictable payments that are at
least as stable as receipts from taxes on non-Federal lands;
and
(B) provide an equitable payment system to compensate units
of local government for
[[Page 2412]]
the net costs incurred by such governments as a result of the
presence of Federal lands that are not within the local tax
base.
(b) Study.--In preparing the report required by this
section, the Comptroller General shall--
(1) review the authorities and resulting payments under the
PILT Act and other laws providing payments to States and
units of local government related to the presence of Federal
lands within the jurisdiction of recipient units of
government, including the extent to which such payments
differ because of disparate treatment of lands classed as
public domain and those classed as acquired lands;
(2) assess the adequacy of agency auditing and monitoring,
and of the funding for such auditing and monitoring, of the
reports required by section 6903(b)(2) of title 31, United
States Code;
(3) compare the payments under the PILT Act and other
studied laws with--
(A) the net costs imposed on recipient units of local
governments by the presence of Federal lands;
(B) the tax payments private landowners would likely have
paid to recipient units during the same period; and
(C) services provided to local units of government by
Federal land-managing agencies;
(4) examine how payments under the PILT Act and other
studied laws affect and interact with the rates of taxation
imposed by local units of government on non-Federal lands,
including the extent to which total Federal payments are
affected by State laws providing for the distribution to
independent entities (other than units of general local
government);
(5) assess the cost and equity of expanding the categories
of lands that would be included in the ``entitlement lands'',
as such term is used in the PILT Act, including (but not
limited) to Indian trust lands and acquired lands included in
the National Wildlife Refuge System;
(6) identify the extent to which the States make payments
to their political subdivisions that are related to the
presence within such subdivisions of State-owned lands; and
(7) examine alternatives to the current system of payments
under the PILT Act and other laws, including (but not limited
to) methods used by States to make payments to their
political subdivisions related to the location of State-owned
lands within such subdivisions.
It was decided in the
Yeas
160
<3-line {>
negative
Nays
262
Para. 122.14 [Roll No. 502]
AYES--160
Abercrombie
Andrews (TX)
Armey
Barca
Barrett (WI)
Becerra
Beilenson
Berman
Bonior
Boucher
Brown (OH)
Bryant
Cardin
Carr
Castle
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cox
Crane
de Lugo (VI)
Dellums
Deutsch
Diaz-Balart
Dreier
Duncan
Durbin
Edwards (CA)
Ehlers
Engel
Ewing
Faleomavaega (AS)
Fawell
Fields (LA)
Filner
Fingerhut
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Gejdenson
Gephardt
Gilchrest
Gillmor
Glickman
Gordon
Grams
Green
Greenwood
Gutierrez
Hall (OH)
Hamilton
Hancock
Hastert
Hinchey
Hobson
Hoke
Holden
Inglis
Jacobs
Jefferson
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kildee
Kleczka
Klein
Klink
Klug
Kopetski
Kreidler
LaFalce
Lambert
Leach
Levin
Lewis (GA)
Lipinski
Lowey
Maloney
Mann
Manzullo
Margolies-Mezvinsky
Markey
McCrery
McHale
McHugh
Meehan
Meyers
Mfume
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Mollohan
Moorhead
Moran
Morella
Murphy
Nadler
Neal (MA)
Neal (NC)
Olver
Owens
Pallone
Pelosi
Penny
Petri
Pickle
Porter
Portman
Pryce (OH)
Quinn
Rahall
Rangel
Reed
Regula
Reynolds
Roemer
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Rush
Sabo
Santorum
Sarpalius
Sawyer
Saxton
Schumer
Sensenbrenner
Sharp
Shays
Shuster
Slaughter
Smith (NJ)
Stark
Studds
Synar
Torricelli
Traficant
Underwood (GU)
Upton
Velazquez
Vento
Visclosky
Volkmer
Walsh
Watt
Waxman
Weldon
Woolsey
Yates
Zimmer
NOES--262
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Archer
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barlow
Barrett (NE)
Bartlett
Bateman
Bentley
Bereuter
Bevill
Bilbray
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Borski
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Cooper
Coppersmith
Costello
Coyne
Cramer
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Derrick
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dunn
Edwards (TX)
Emerson
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (TX)
Fish
Flake
Foglietta
Foley
Ford (MI)
Ford (TN)
Fowler
Furse
Gallegly
Gekas
Geren
Gibbons
Gilman
Gingrich
Gonzalez
Goodlatte
Goodling
Goss
Grandy
Gunderson
Hall (TX)
Hamburg
Hansen
Harman
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hoagland
Hochbrueckner
Hoekstra
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inslee
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Kennedy
Kennelly
Kim
King
Kingston
Knollenberg
Kolbe
Kyl
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Lehman
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
Lloyd
Long
Lucas
Machtley
Manton
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McDade
McDermott
McInnis
McKeon
McKinney
McMillan
McNulty
Meek
Menendez
Mica
Moakley
Molinari
Montgomery
Murtha
Myers
Norton (DC)
Nussle
Oberstar
Obey
Ortiz
Orton
Oxley
Packard
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Peterson (FL)
Peterson (MN)
Pickett
Pombo
Pomeroy
Poshard
Price (NC)
Quillen
Ramstad
Richardson
Ridge
Roberts
Rogers
Rose
Rostenkowski
Roth
Rowland
Roybal-Allard
Sanders
Sangmeister
Schaefer
Schenk
Schiff
Schroeder
Scott
Serrano
Shaw
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Smith (IA)
Smith (MI)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stokes
Strickland
Stump
Stupak
Swett
Swift
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Towns
Unsoeld
Valentine
Vucanovich
Walker
Waters
Wheat
Williams
Wilson
Wise
Wolf
Wyden
Wynn
Young (AK)
Young (FL)
Zeliff
NOT VOTING--18
Applegate
Barton
Bilirakis
Chapman
DeLay
Gallo
Inhofe
Istook
Levy
Lewis (FL)
McCurdy
Ravenel
Romero-Barcelo (PR)
Slattery
Sundquist
Tucker
Washington
Whitten
So the amendment in the nature of a substitute was not agreed to.
After some further time,
Para. 122.15 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. VENTO:
Page 4, strike lines 1 through 12 and renumber subsequent
sections accordingly.
It was decided in the
Yeas
195
<3-line {>
negative
Nays
223
Para. 122.16 [Roll No. 503]
AYES--195
Abercrombie
Andrews (TX)
Armey
Baesler
Ballenger
Barca
Barcia
Barrett (WI)
Beilenson
Bereuter
Berman
Blute
Boehlert
Borski
Bryant
Buyer
Cardin
Carr
Castle
Coble
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Cox
Coyne
Crane
Danner
de Lugo (VI)
Dellums
Deutsch
Diaz-Balart
Dingell
Duncan
Durbin
Edwards (CA)
Ehlers
Engel
Ewing
Fawell
Fields (LA)
Filner
Fingerhut
Foglietta
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gonzalez
Goodling
Gordon
Grams
Green
Greenwood
Gutierrez
Hall (OH)
Hamilton
Hastert
Hinchey
Hobson
Hoekstra
Hoke
Holden
Hughes
Hutto
Inglis
Jacobs
Jefferson
Johnson (GA)
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kildee
King
Kleczka
Klein
Klink
Klug
Kopetski
Kreidler
Lambert
Leach
Levin
Lewis (GA)
Lipinski
Lowey
Maloney
Mann
Manzullo
Margolies-Mezvinsky
Markey
McCloskey
McCollum
McCrery
McHale
McHugh
McKinney
McMillan
McNulty
Meehan
Meyers
Mfume
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Mollohan
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Olver
Owens
Oxley
Pallone
Payne (VA)
Pelosi
Penny
Petri
Pickle
Porter
Portman
Price (NC)
Pryce (OH)
Quinn
Rahall
Ramstad
Reed
Regula
Reynolds
Roemer
Rohrabacher
Ros-Lehtinen
Rostenkowski
Roukema
Royce
Rush
Sabo
Santorum
Sawyer
Saxton
Schroeder
Schumer
Sensenbrenner
[[Page 2413]]
Serrano
Sharp
Shays
Shuster
Sisisky
Skaggs
Slaughter
Smith (NJ)
Smith (TX)
Solomon
Spence
Spratt
Stark
Stearns
Swett
Synar
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Walker
Walsh
Waters
Watt
Waxman
Weldon
Woolsey
Wynn
Yates
Young (FL)
Zeliff
Zimmer
NOES--223
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Archer
Bacchus (FL)
Bachus (AL)
Baker (CA)
Baker (LA)
Barlow
Barrett (NE)
Bartlett
Bateman
Becerra
Bentley
Bevill
Bilbray
Bishop
Blackwell
Bliley
Boehner
Bonilla
Bonior
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bunning
Burton
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Conyers
Cooper
Coppersmith
Costello
Cramer
Crapo
Cunningham
Darden
de la Garza
Deal
DeFazio
DeLauro
Derrick
Dickey
Dicks
Dixon
Dooley
Doolittle
Dornan
Dreier
Dunn
Edwards (TX)
Emerson
English
Eshoo
Evans
Everett
Farr
Fazio
Fields (TX)
Fish
Flake
Foley
Ford (MI)
Frost
Furse
Gallegly
Gibbons
Gilman
Gingrich
Glickman
Goodlatte
Goss
Grandy
Gunderson
Hall (TX)
Hamburg
Hancock
Hansen
Harman
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hoagland
Hochbrueckner
Horn
Hoyer
Huffington
Hunter
Hutchinson
Hyde
Inslee
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Kennelly
Kim
Kingston
Knollenberg
Kolbe
Kyl
LaFalce
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Lehman
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
Lloyd
Long
Lucas
Machtley
Manton
Martinez
Matsui
Mazzoli
McDade
McDermott
McInnis
McKeon
Meek
Menendez
Mica
Moakley
Molinari
Montgomery
Moorhead
Moran
Myers
Norton (DC)
Nussle
Oberstar
Obey
Ortiz
Orton
Packard
Parker
Pastor
Paxon
Payne (NJ)
Peterson (FL)
Peterson (MN)
Pickett
Pombo
Pomeroy
Poshard
Quillen
Rangel
Richardson
Ridge
Roberts
Rogers
Rose
Roth
Rowland
Roybal-Allard
Sanders
Sangmeister
Sarpalius
Schaefer
Schenk
Schiff
Scott
Shaw
Shepherd
Skeen
Skelton
Smith (IA)
Smith (MI)
Smith (OR)
Snowe
Stenholm
Stokes
Strickland
Stump
Stupak
Swift
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Underwood (GU)
Unsoeld
Valentine
Vucanovich
Wheat
Williams
Wilson
Wise
Wolf
Wyden
Young (AK)
NOT VOTING--22
Applegate
Barton
Bilirakis
DeLay
Faleomavaega (AS)
Ford (TN)
Gallo
Houghton
Inhofe
Istook
Levy
Lewis (FL)
McCandless
McCurdy
Ravenel
Romero-Barcelo (PR)
Slattery
Studds
Sundquist
Tucker
Washington
Whitten
So the amendment was not agreed to.
The SPEAKER pro tempore, Mr. SHARP, assumed the Chair.
When Mr. LANCASTER, Chairman, pursuant to House Resolution 565,
reported the bill back to the House.
The previous question having been ordered by said resolution.
The bill was ordered to be engrossed and read a third time, was read a
third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. SHARP, announced that the yeas had it.
Mr. KLECZKA demanded that the vote be taken by the yeas and nays,
which demand was not supported by one-fifth of the Members present, so
the yeas and nays were refused.
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 122.17 quinebaug and shetucket rivers valley
On motion of Mr. VENTO, by unanimous consent, the bill (H.R. 1348) to
establish the Quinebaug and Shetucket Rivers Valley National Heritage
Corridor in the State of Connecticut, and for other purposes; together
with the following amendment of the Senate thereto, was taken from the
Speaker's table:
Strike all after the enacting clause and insert the
following:
TITLE I--QUINEBAUG AND SHETUCKET RIVERS VALLEY NATIONAL HERITAGE
CORRIDOR
SECTION 101. SHORT TITLE.
This title may be cited as the ``Quinebaug and Shetucket
Rivers Valley National Heritage Corridor Act of 1994''.
SEC. 102. FINDINGS.
The Congress finds that--
(1) the Quinebaug and Shetucket Rivers Valley in the State
of Connecticut is one of the last unspoiled and undeveloped
areas in the Northeastern United States and has remained
largely intact, including important aboriginal archaeological
sites, excellent water quality, beautiful rural landscapes,
architecturally significant mill structures and mill
villages, and large acreages of parks and other permanent
open space;
(2) the State of Connecticut ranks last among the 50 States
in the amount of federally protected park and open space
lands within its borders and lags far behind the other
Northeastern States in the amount of land set-aside for
public recreation;
(3) the beautiful rural landscapes, scenic vistas and
excellent water quality of the Quinebaug and Shetucket Rivers
contain significant undeveloped recreational opportunities
for people throughout the United States;
(4) the Quinebaug and Shetucket Rivers Valley is within a
two-hour drive of the major metropolitan areas of New York
City, Hartford, Providence, Worcester, Springfield, and
Boston. With the President's Commission on Americans Outdoors
reporting that Americans are taking shorter ``closer-to-
home'' vacations, the Quinebaug and Shetucket Rivers Valley
represents important close-by recreational opportunities for
significant population;
(5) the existing mill sites and other structures throughout
the Quinebaug and Shetucket Rivers Valley were instrumental
in the development of the industrial revolution;
(6) the Quinebaug and Shetucket Rivers Valley contains a
vast number of discovered and unrecovered Native American and
colonial archaeological sites significant to the history of
North America and the United States;
(7) the Quinebaug and Shetucket Rivers Valley represents
one of the last traditional upland farming and mill village
communities in the Northeastern United States;
(8) the Quinebaug and Shetucket Rivers Valley played a
nationally significant role in the cultural evolution of the
prewar colonial period, leading the transformation from
Puritan to Yankee, the ``Great Awakening'' religious revival
and early political development leading up to and during the
War of Independence; and
(9) many local, regional and State `agencies businesses,
and private citizens and the New England Governors'
Conference have expressed an overwhelming desire to combine
forces: to work cooperatively to preserve and enhance
resources region-wide and better plan for the future.
SEC. 103. ESTABLISHMENT OF QUINEBAUG AND SHETUCKET RIVERS
VALLEY NATIONAL HERITAGE CORRIDOR; PURPOSE.
(a) Establishment.--There is hereby established in the
State of Connecticut the Quinebaug and Shetucket Rivers
Valley National Heritage Corridor.
(b) Purpose.--It is the purpose of this title to provide
assistance to the State of Connecticut, its units of local
and regional government and citizens in the development and
implementation of integrated cultural, historical, and
recreational land resource management programs in order to
retain, enhance, and interpret the significant features of
the lands, water, and structures of the Quinebaug and
Shetucket Rivers Valley.
SEC. 104. BOUNDARIES AND ADMINISTRATION.
(a) Boundaries.--The boundaries of the Corridor shall
include the towns of Ashford, Brooklyn, Canterbury, Chaplin,
Coventry, Eastford, Franklin, Griswold, Hampton, Killingly,
Lebanon, Lisbon, Mansfield, Norwich, Plainfield, Pomfret,
Preston, Putnam, Scotland, Sprague, Sterling, Thompson,
Voluntown, Windham, and Woodstock. As soon as practical after
the date of enactment of this Act, the Secretary shall
publish in the Federal Register a detailed description and
map of boundaries established under this subsection.
SEC. 105. STATE CORRIDOR PLAN.
(a) Preparation of Plan.--Within two years after the date
of enactment of this title, the Governor of the State of
Connecticut is encouraged to develop a Cultural Heritage and
Corridor Management Plan. The plan shall be based on existing
Federal, State, and local plans, but shall coordinate those
plans and present a comprehensive historic preservation,
interpretation, and recreational plan for the Corridor. The
plan shall--
(1) recommend non-binding advisory standards and criteria
pertaining to the construction, preservation, restoration,
alteration and use of properties within the Corridor,
including an inventory of such properties which potentially
could be preserved, restored, managed, developed, maintained,
or acquired based upon their historic, cultural or
recreational significance;
(2) develop an historic interpretation plan to interpret
the history of the Corridor;
(3) develop an inventory of existing and potential
recreational sites which are developed or which could be
developed within the Corridor;
(4) recommend policies for resource management which
consider and detail applica-
[[Page 2414]]
tion of appropriate land and water management techniques,
including but not limited to, the development of
intergovernmental cooperative agreements to protect the
Corridor's historical, cultural, recreational, scenic, and
natural resources in a manner consistent with supporting
appropriate and compatible economic revitalization efforts;
(5) detail ways in which local, State, and Federal programs
may best be coordinated to promote the purposes of this
title; and
(6) contain a program for implementation of the plan by the
State and its political subdivisions.
(b) Public Involvement in Plan Development.--During
development of the Plan, the Governor is encouraged to
include:
(1) the participation of at least the following:
(A) local elected officials in the communities defined in
section 104;
(B) representatives of the three Regional Planning Agencies
defined in section 108;
(C) representatives of Northeast Connecticut Visitors
District and Southeastern Connecticut Tourism District;
(D) the Commissioners, or their designees, of the
Connecticut Department of Environmental Protection and the
Connecticut Department of Economic Development;
(E) Director, or his designee of the Connecticut State
Historical Commission; and
(F) residents of the communities within the Corridor as
defined in section 104.
(2) hold at least one public hearing in each of the
following counties: Windham; Tolland; and New London; and
(3) consider, to the maximum extent practicable, the
recommendations, comments, proposals and other information
submitted at the public hearings when developing the final
version of the plan. The Governor is encouraged to publish
notice of hearings discussed in subparagraph (2) of this
paragraph in newspapers of general circulation at least 30
days prior to the hearing date. The Governor is encouraged to
use any other means authorized by Connecticut law to gather
public input and/or involve members of the public in the
development of the plan.
(c) Implementation of Plan.--After review of the plan by
the Secretary as provided for in section 106, the Governor
shall implement the plan. Upon the request of the Governor,
the Secretary may take appropriate steps to assist in the
preservation and interpretation of historic resources, and to
assist in the development of recreational resources within
the Corridor. These steps may include, but need not be
limited to--
(1) assisting the State and local governmental entities or
regional planning organizations, and non-profit organizations
in preserving the Corridor and ensuring appropriate use of
lands and structures throughout the Corridor;
(2) assisting the State and local governmental entities or
regional planning organizations, and non-profit organizations
in establishing and maintaining visitor centers and other
interpretive exhibits in the Corridor;
(3) assisting the State and local governmental entities or
regional planning organizations, and nonprofit organizations
in developing recreational programs and resources in the
Corridor;
(4) assisting the State and local governmental entities or
regional planning organizations, and nonprofit organizations
in increasing public awareness of and appreciation for the
historical and architectural resources and sites in the
Corridor;
(5) assisting the State and local governmental or regional
planning organizations and nonprofit organizations in the
restoration of historic building within the Corridor
identified pursuant to the inventory required in section
5(a)(1);
(6) encouraging by appropriate means enhanced economic and
industrial development in the Corridor consistent with the
goals of the plan;
(7) encouraging local governments to adopt land use
policies consistent with the management of the Corridor and
the goals of the plan; and
(8) assisting the State and local governmental entities or
regional planning organizations to ensure that clear,
consistent signs identifying access points and sites of
interest are put in place throughout the Corridor.
SEC. 106. DUTIES OF THE SECRETARY.
(a) Assitance.--The Secretary and the heads of other
Federal Agencies shall, upon request of the Governor assist
the Governor in the preparation and implementation of the
plan.
(b) Completion.--Upon completion of the plan the Governor
shall submit such plan to the Secretary for review and
comment. The Secretary shall complete such review and comment
within 60 days. The Governor shall make such changes in the
plan as he deems appropriate based on the Secretary's review
and comment.
SEC. 107. DUTIES OF OTHER FEDERAL ENTITIES.
Any Federal entity conducting or supporting activities
directly affecting the Corridor shall consult with the
Secretary and the Governor with respect to such activities to
minimize any adverse effect on the Corridor.
SEC. 108. DEFINITIONS.
For the purposes of this title.
(1) The term ``State'' means the State of Connecticut.
(2) The term ``Corridor'' means the Quinebaug and Shetucket
Rivers Valley National Heritage Corridor under section 3.
(3) The term ``Governor'' means the Governor of the State
of Connecticut.
(4) The term ``Secretary'' means the Secretary of the
Interior.
(5) The term ``regional planning organization'' means each
of the three regional planning organizations established by
Connecticut State statute chapter 127 and chapter 50 (the
Northeastern Connecticut Council of Governments, the Windham
Regional Planning Agency or its successor, and the
Southeastern Connecticut Regional Planning Agency or its
successor).
SEC. 109. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out this title: Provided, That not more
than $200,000 shall be appropriated for fiscal year 1995, and
not more Secretary to carry out this duties under this title
for a period not to exceed seven years; Provided further,
That the Federal funding for the Corridor shall not exceed 50
percent of the total annual costs for the Corridor.
SEC. 110. NATIONAL PARK SERVICE.
The Corridor shall not be deemed to be a unit of the
National Park System.
TITLE II--WEIR FARM NATIONAL HISTORIC SITE ADDITIONS
SEC. 201. SHORT TITLE.
This title may be cited as the `Weir Farm National Historic
Site Expansion Act of 1994'.
SEC. 202. PURPOSE.
The purpose of this title is to preserve the last remaining
undeveloped parcels of the historic Weir Farm that remain in
private ownership by including the parcels within the
boundary of the Weir Farm National Historic Site.
SEC. 203. BOUNDARY ADJUSTMENT.
(a) Adjustment.--Section 4(b) of the Weir Farm National
Historic Site Establishment Act of 1990 (Public Law 101-485;
104 Stat. 1171) is amended--
(1) by striking out `and' at the end of paragraph (1);
(2) by striking out the flush material below paragraph (2);
and
(3) by adding at the end the following:
`(3) the approximately 2-acre parcel of land situated in
the town of Wilton, Connecticut, designated as lot 18 on a
map entitled `Revised Map of Section I, Thunder Lake at
Wilton, Connecticut, Scale 1''=100', October 27, 1978, Ryan
and Faulds Land Surveyors, Wilton, Connecticut', that is on
file in the office of the town clerk of the town of Wilton,
and therein numbered 3673; and
`(4) the approximately 0.9-acre western portion of a parcel
of land situated in the town of Wilton, Connecticut,
designated as Tall Oaks Road on the map referred to in
paragraph (3).'.
(b) General Depicition.--Section 4 of such Act, as amended
by subsection (a), is further amended by adding at the end
the following:
`(c) General depiction.--The parcels referred to in
paragraphs (1) through (4) of subsection (b) are all as
generally depicted on a map entitled `Boundary Map, Weir Farm
National Historic Site, Fairfield County Connecticut', dated
June, 1994. Such map shall be on file and available for
public inspection in the appropriate offices of the National
Park Service.'.
TITLE III--CANE RIVER CREOLE NATIONAL HISTORICAL PARK
SECTION 301. SHORT TITLE.
Titles III and IV of this Act may be cited as the ``Cane
River Creole National Historical Park and National Heritage
Area Act''.
SEC. 302. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the Natchitoches area along Cane River, established in
1714, is the oldest permanent settlement in the Louisiana
Purchase territory;
(2) the Cane River area is the locale of the development of
Creole culture, from French-Spanish interactions of the early
18th century to today's living communities;
(3) the Cane River, historically a segment of the Red
River, provided the focal point for early settlement, serving
as a transportation route upon which commerce and
communication reached all parts of the colony;
(4) although a number of Creole structures, sites, and
landscapes exist in Louisiana and elsewhere, unlike the Cane
River area, most are isolated examples, and lack original
outbuilding complexes or integrity;
(5) the Cane River area includes a great variety of
historical features with original elements in both rural and
urban settings and a cultural landscape that represents
various aspects of Creole culture, providing the base for a
holistic approach to understanding the broad continuum of
history within the region;
(6) the Cane River region includes the Natchitoches
National Historic Landmark District, composed of
approximately 300 publicly and privately owned properties,
four other national historic landmarks, and other structures
and sites that may meet criteria for landmark significance
following further study;
(7) historic preservation within the Cane River area has
greatly benefited from individuals and organizations that
have strived to protect their heritage and educate others
about their rich history; and
(8) because of the complexity and magnitude of preservation
needs in the Cane River area, and the vital need for a
culturally sensitive approach, a partnership approach is
desirable for addressing the many preservation and
educational needs.
(b) Purposes.--The purposes of titles III and IV of this
Act are to--
(1) recognize the importance of the Cane River Creole
culture as a nationally significant element of the cultural
heritage of the United States;
[[Page 2415]]
(2) establish a Cane River Creole National Historical Park
to serve as the focus of interpretive and educational
programs on the history of the Cane River area and to assist
in the preservation of certain historic sites along the
river; and
(3) establish a Cane River National Heritage Area and
Commission to be undertaken in partnership with the State of
Louisiana, the City of Natchitoches, local communities and
settlements of the Cane River area, preservation
organizations, and private landowners, with full recognition
that programs must fully involve the local communities and
landowners.
SEC. 303. ESTABLISHMENT OF CANE RIVER CREOLE NATIONAL
HISTORICAL PARK.
(a) In General.--In order to assist in the preservation and
interpretation of, and education concerning, the Creole
culture and diverse history of the Natchitoches region, and
to provide technical assistance to a broad range of public
and private landowners and preservation organizations, there
is hereby established the Cane River Creole National
Historical Park in the State of Louisiana (hereinafter in
titles III and IV of this Act referred to as the ``historical
park'').
(b) Area Included.--The historical park shall consist of
lands and interests therein as follows:
(1) Lands and structures associated with the Oakland
Plantation as depicted on map CARI, 80,002, dated January
1994.
(2) Lands and structures owned or acquired by Museum
Contents, Inc. as depicted on map CARI, 80,001A, dated May
1994.
(3) Sites that may be the subject of cooperative agreements
with the National Park Service for the purposes of historic
preservation and interpretation including, but not limited
to, the Melrose Plantation, the Badin-Roque site, the
Cherokee Plantation, the Beau Fort Plantation, and sites
within the Natchitoches National Historical Landmark
District: Provided, That such sites may not be added to the
historical park unless the Secretary of the Interior
(hereinafter referred to as the ``Secretary'') determines,
based on further research and planning, that such sites meet
the applicable criteria for national historical significance,
suitability, and feasibility, and notification of the
proposed addition has been transmitted to the Committee on
Energy and Natural Resources of the United States Senate and
the appropriate committees of the House of Representatives.
(4) Not to exceed 10 acres of land that the Secretary may
designate for an interpretive visitor center complex to serve
the needs of the historical park and heritage area
established in title IV of this Act.
SEC. 304. ADMINISTRATION.
(a) In General.--The Secretary shall administer the
historical park in accordance with this title and with
provisions of law generally applicable to units of the
National Park System, including the Act entitled ``An Act to
establish a National Park Service, and for other purposes'',
approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2-4);
and the Act of August 21, 1935 (49 Stat. 666, 16 U.S.C. 461-
467). The Secretary shall manage the historical park in such
a manner as will preserve resources and cultural landscapes
relating to the Creole culture of the Cane River and enhance
public understanding of the important cultural heritage of
the Cane River region.
(b) Donations.--The Secretary may accept and retain
donations of funds, property, or services from individuals,
foundations, or other public or private entities for the
purposes of providing programs, services, facilities, or
technical assistance that further the purposes of titles III
and IV of this Act. Any funds donated to the Secretary
pursuant to this subsection may be expended without further
appropriation.
(c) Interpretive Center.--The Secretary is authorized to
construct, operate, and maintain an interpretive center on
lands identified by the Secretary pursuant to section
303(b)(4). Such center shall provide for the general
information and orientation needs of the historical park and
the heritage area. The Secretary shall consult with the State
of Louisiana, the City of Natchitoches, the Association for
the Preservation of Historic Natchitoches, and the Cane River
National Heritage Area Commission pursuant to section 402 of
this Act in the planning and development of the interpretive
center.
(d) Cooperative Agreements and Technical Assistance.--(1)
The Secretary, after consultation with the Cane River
National Heritage Area Commission established pursuant to
section 402 of this Act, is authorized to enter into
cooperative agreements with owners of properties within the
heritage area and owners of properties within the historical
park that provide important educational and interpretive
opportunities relating to the heritage of the Cane River
region. The Secretary may also enter into cooperative
agreements for the purpose of facilitating the preservation
of important historic sites and structures identified in the
historical park's general management plan or other heritage
elements related to the heritage of the Cane River region.
Such cooperative agreements shall specify that the National
Park Service shall have reasonable rights of access for
operational and visitor use needs and that preservation
treatments will meet the Secretary's standards for
rehabilitation of historic buildings.
(2) The Secretary is authorized to enter into cooperative
agreements with the City of Natchitoches, the State of
Louisiana, and other public or private organizations for the
development of the interpretive center, educational programs,
and other materials that will facilitate public use of the
historical park and heritage area.
(e) Research.--The Secretary, acting through the National
Park Service, shall coordinate a comprehensive research
program on the complex history of the Cane River region,
including ethnography studies of the living communities along
the Cane River, and how past and present generations have
adapted to their environment, including genealogical studies
of families within the Cane River area. Research shall
include, but not be limited to, the extensive primary
historic documents within the Natchitoches and Cane River
areas, and curation methods for their care and exhibition.
The research program shall be coordinated with Northwestern
State University of Louisiana, and the National Center for
Preservation Technology and Training in Natchitoches.
SEC. 305. ACQUISITION OF PROPERTY.
(a) General Authority.--Except as otherwise provided in
this section, the Secretary is authorized to acquire lands
and interests therein within the boundaries of the historical
park by donation, purchase with donated or appropriated
funds, or exchange.
(b) State and Local Properties.--Lands and interests
therein that are owned by the State of Louisiana, or any
political subdivision thereof, may be acquired only by
donation or exchange.
(c) Museum Contents, Inc.--Lands and structures identified
in section 303(b)(2) may be acquired only by donation.
(d) Cooperative Agreement Sites.--Lands and interests
therein that are the subject of cooperative agreements
pursuant to section 303(b)(3) shall not be acquired except
with the consent of the owner thereof.
SEC. 306. GENERAL MANAGEMENT PLAN.
Within 3 years after the date funds are made available
therefor and in consultation with the Cane River heritage
Area Commission, the National Park Service shall prepare a
general management plan for the historical park. The plan
shall include, but need not be limited to--
(1) a visitor use plan indicating programs and facilities
that will be provided for public use, including the location
and cost of an interpretive center;
(2) programs and management actions that the National Park
Service will undertake cooperatively with the heritage area
commission, including preservation treatments for important
sites, structures, objects, and research materials. Planning
shall address educational media, roadway signing, and
brochures that could be coordinated with the Commission
pursuant to section 403 of this Act; and
(3) preservation and use plans for any sites and structures
that are identified for National Park Service involvement
through cooperative agreements.
TITLE IV--CANE RIVER NATIONAL HERITAGE AREA.
SEC. 401. ESTABLISHMENT OF THE CANE RIVER NATIONAL HERITAGE
AREA.
(a) Establishment.--There is hereby established the Cane
River National Heritage Area (hereinafter in this title
referred to as the ``heritage area'').
(b) Purpose.--In furtherance of the need to recognize the
value and importance of the Cane River region and in
recognition of the findings of section 302(a) of this Act, it
is the purpose of this title to establish a heritage area to
complement the historical park and to provide for a
culturally sensitive approach to the preservation of the
heritage of the Cane River region, and for other needs
including--
(1) recognizing areas important to the Nation's heritage
and identity;
(2) assisting in the preservation and enhancement of the
cultural landscape and traditions of the Cane River region;
(3) providing a framework for those who live within this
important dynamic cultural landscape to assist in
preservation and educational actions; and
(4) minimizing the need for Federal land acquisition and
management.
(c) Area Included.--The heritage area shall include--
(1) an area approximately 1 mile on both sides of the Cane
River as depicted on map CARI, 80,000A, dated May 1994;
(2) those properties within the Natchitoches National
Historic Landmark District which are the subject of
cooperative agreements pursuant to section 304(d) of this
Act;
(3) the Los Adaes State Commemorative Area;
(4) the Fort Jesup State Commemorative Area;
(5) the Fort St. Jean Baptiste State Commemorative Area;
and
(6) the Kate Chopin House.
A final identification of all areas and sites to be
included in the heritage area shall be included in the
heritage area management plan as required in section 403.
SEC. 402. CANE RIVER NATIONAL HERITAGE AREA COMMISSION.
(a) Establishment.--To assist in implementing the purposes
of titles II and III of this Act and to provide guidance for
the management of the heritage area, there is established the
Cane River National Heritage Area Commission (hereinafter in
this title referred to as the ``Commission'').
(b) Membership.--The Commission shall consist of 19 members
to be appointed no later than 6 months after the date of
enactment of this title. The Commission shall be appointed by
the Secretary as follows--
(1) one member from recommendations submitted by the Mayor
of Natchitoches;
[[Page 2416]]
(2) one member from recommendations submitted by the
Association for the Preservation of Historic Natchitoches;
(3) one member from recommendations submitted by the
Natchitoches Historic Foundation, Inc.;
(4) two members with experience in and knowledge of tourism
in the heritage area from recommendations submitted by local
business and tourism organizations;
(5) one member from recommendations submitted by the
Governor of the State of Louisiana;
(6) one member from recommendations submitted by the Police
Jury of Natchitoches Parish;
(7) one member from recommendations submitted by the
Concerned Citizens of Cloutierville;
(8) one member from recommendations submitted by the St.
Augustine Historical Society;
(9) one member from recommendations submitted by the Black
Heritage Committee;
(10) one member from recommendations submitted by the Los
Adaes/Robeline Community;
(11) one member from recommendations submitted by the
Natchitoches Historic District Commission;
(12) one member from recommendations submitted by the Cane
River Waterway Commission;
(13) two members who are landowners in the residents of the
heritage area;
(14) one member with experience and knowledge of historic
preservation from recommendations submitted by Museum
Contents, Inc.;
(15) one member with experience and knowledge of historic
preservation from recommendations submitted by the President
of Northwestern State University of Louisiana;
(16) one member with experience in and knowledge of
environmental, recreational and conservation matters
affecting the heritage area from recommendations submitted by
the Natchitoches Sportsmans Association and other local
recreational and environmental organizations; and
(17) the director of the National Park Service, or the
Director's designee, ex officio.
(c) Duties of the Commission.--The Commission shall--
(1) prepare a management plan for the heritage area in
consultation with the National Park Service, the State of
Louisiana, the City of Natchitoches, Natchitoches Parish,
interested groups, property owners, and the public;
(2) consult with the Secretary on the preparation of the
general management plan for the historical park;
(3) develop cooperative agreements with property owners,
preservation groups, educational groups, the State of
Louisiana, the City of Natchitoches, universities, and
tourism groups, and other groups to further the purposes of
titles III and IV of this Act; and
(4) identify appropriate entities, such as a non-profit
corporation, that could be established to assume the
responsibilities of the Commission following its termination.
(d) Powers of the Commission.--In furtherance of the
purposes of titles III and IV of this Act, the Commission is
authorized to--
(1) procure temporary and intermittent services to the same
extent that is authorized by section 3109(b) of title 5,
United States Code, but at rates determined by the Commission
to be reasonable;
(2) accept the services of personnel detailed from the
State of Louisiana or any political subdivision thereof, and
may reimburse the State or political subdivision for such
services;
(3) upon the request of the Commission, the head of any
Federal agency may detail, on a reimbursable basis, any of
the personnel of such agency to the Commission to assist the
Commission in carrying out its duties;
(4) appoint and fix the compensation of such staff as may
be necessary to carry out its duties. Staff shall be
appointed subject to the provisions of title 5, United States
Code, governing appointments in the competitive services, and
shall be paid in accordance with the provisions of chapter 51
and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates;
(5) enter into cooperative agreements with public or
private individuals or entities for research, historic
preservation, and education purposes;
(6) make grants to assist in the preparation of studies
that identify, preserve, and plan for the management of the
heritage area;
(7) notwithstanding any other provision of law, seek and
accept donations of funds or services from individuals,
foundations, or other public or private entities and expend
the same for the purposes of providing services and programs
in furtherance of the purposes of titles III and IV of this
Act;
(8) assist others in developing educational, informational,
and interpretive programs and facilities;
(9) hold such hearings, sit and act at such times and
places, take such testimony, and receive such evidence, as
the Commission may consider appropriate; and
(10) use the United States mails in the same manner and
under the same conditions as other departments or agencies of
the United States.
(e) Compensation.--Members of the Commission shall receive
no compensation for their service on the Commission. While
away from their homes or regular places of business in the
performance of services for the Commission, members shall be
allowed travel expenses, including per diem in lieu of
subsistence, in the same manner as persons employed
intermittently in the Government services are allowed
expenses under section 5703 of title 5, United States Code.
(f) Chairman.--The Commission shall elect a chairman from
among its members. The term of the chairman shall be for 3
years.
(g) Terms.--The terms of Commission members shall be for 3
years. Any member of the Commission appointed by the
Secretary for a 3-year term may serve after expiration of his
or her term until a successor is appointed. Any vacancy shall
be filled in the same manner in which the original
appointment was made. Any member appointed to fill a vacancy
shall serve for the remainder of the term for which the
predecessor was appointed.
(h) Annual Reports.--The Commission shall submit an annual
report to the Secretary identifying its expenses and any
income, the entities to which any grants or technical
assistance were made during the year for which the report is
made, and actions that are planned for the following year.
SEC. 403. PREPARATION OF THE PLAN.
(a) In General.--Within 3 years after the Commission
conducts its first meeting, it shall prepare and submit a
heritage area management plan to the Governor of the State of
Louisiana. The Governor shall, if the Governor approves the
plan, submit it to the Secretary for review and approval. The
Secretary shall provide technical assistance to the
Commission in the preparation and implementation of the plan,
in concert with actions by the National Park Service to
prepare a general management plan for the historical park.
The plan shall consider local government plans and shall
present a unified heritage preservation and education plan
for the heritage area. The plan shall include, but not be
limited to--
(1) an inventory of important properties and cultural
landscapes that should be preserved, managed, developed, and
maintained because of their cultural, natural, and public use
significance;
(2) an analysis of current land uses within the area and
how they affect the goals of preservation and public use of
the heritage area;
(3) an interpretive plan to address the cultural and
natural history of the area, and actions to enhance visitor
use. This element of the plan shall be undertaken in
consultation with the National Park Service and visitor use
plans for the historical park;
(4) recommendations for coordinating actions by local,
State, and Federal governments within the heritage area, to
further the purposes of titles III and IV of this Act; and
(5) an implementation program for the plan including
desired actions by State and local governments and other
involved groups and entities.
(b) Approval of the Plan.--The Secretary shall approve or
disapprove the plan within 90 days after receipt of the plan
from the Commission. The Commission shall notify the
Secretary of the status of approval by the Governor or
Louisiana when the plan is submitted for review and approval.
In determining whether or not to approve the plan the
Secretary shall consider--
(1) whether the Commission has afforded adequate
opportunity, including public meetings and hearings, for
public and governmental involvement in the preparation of the
plan; and
(2) whether reasonable assurances have been received from
the State and local governments that the plan is supported
and that the implementation program is feasible.
(c) Disapproval of the Plan.--If the Secretary disapproves
the plan, he shall advise the Commission in writing of the
reasons for disapproval, and shall provide recommendations
and assistance in the revision of the plan. Following
completion of any revisions to the plan, the Commission shall
resubmit the plan to the Governor of Louisiana for approval,
and to the Secretary, who shall approve or disapprove the
plan within 90 days after the date that the plan is revised.
SEC. 404. TERMINATION OF HERITAGE AREA COMMISSION.
(a) Termination.--The Commission shall terminate on the day
occurring 10 years after the first official meeting of the
Commission.
(b) Extension.--The Commission may petition to be extended
for a period of not more than 5 years beginning on the day
referred to in subsection (a), provided the Commission
determines a critical need to fulfill the purposes of titles
III and IV of this Act; and the Commission obtains approval
from the Secretary, in consultation with the Governor of
Louisiana.
(c) Heritage Area Management Following Termination of the
Commission.--The national heritage area status for the Cane
River region shall continue following the termination of the
Commission. The management plan, and partnerships and
agreements subject to the plan shall guide the future
management of the heritage area. The Commission, prior to its
termination, shall recommend to the Governor of the State of
Louisiana and the Secretary, appropriate entities, including
the potential for a nonprofit corporation, to assume the
responsibilities of the Commission.
SEC. 405. DUTIES OF OTHER FEDERAL AGENCIES.
Any Federal entity conducting or supporting activities
directly affecting the heritage area shall--
(1) consult with the Secretary and the Commission with
respect to implementation of their proposed actions; and
[[Page 2417]]
(2) to the maximum extent practicable, coordinate such
activities with the Commission to minimize potential impacts
on the resources of the heritage area.
SEC. 406. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out titles III and IV of this Act.
On motion of Mr. VENTO, said Senate amendment was agreed to.
A motion to reconsider the vote whereby said Senate amendment was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 122.18 overseas private investment corporation
Mr. GEJDENSON called up the following conference report (Rept. No.
103-834):
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
4950) to extend the authorities of the Overseas Private
Investment Corporation, and for other purposes, having met,
after full and free conference, have agreed to recommend and
do recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate to the text of the bill and agree to
the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jobs Through Trade Expansion
Act of 1994''.
TITLE I--OVERSEAS PRIVATE INVESTMENT CORPORATION
SEC. 101. RAISING CEILING ON INSURANCE.
Section 235(a)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2195(a)(1)) is amended by striking ``$9,000,000,000''
and inserting ``$13,500,000,000''.
SEC. 102. RAISING CEILING ON FINANCING.
Section 235(a)(2) of the Foreign Assistance Act of 1961 (22
U.S.C. 2195(a)(2)) is amended to read as follows:
``(2) Financing.--(A) The maximum contingent liability
outstanding at any one time pursuant to financing issued
under subsections (b) and (c) of section 234 shall not exceed
in the aggregate $9,500,000,000.
``(B) Subject to spending authority provided in
appropriations Acts pursuant to section 504(b) of the Federal
Credit Reform Act of 1990, the Corporation is authorized to
transfer such sums as are necessary from its noncredit
activities to pay for the subsidy cost of the investment
guaranties and direct loan programs under subsections (b) and
(c) of section 234.''.
SEC. 103. EXTENDING ISSUING AUTHORITY.
Section 235(a)(3) of the Foreign Assistance Act of 1961 (22
U.S.C. 2195(a)(3)) is amended by striking ``1994'' and
inserting ``1996''.
SEC. 104. ADMINISTRATIVE EXPENSES.
Section 235 of the Foreign Assistance Act of 1961 (22
U.S.C. 2195) is amended by striking subsection (g).
SEC. 105. EXEMPTIONS FOR CERTAIN COUNTRIES.
Paragraph (2) of the second undesignated paragraph of
section 231 of the Foreign Assistance Act of 1961 (22 U.S.C.
2191) is amended by inserting after ``Recovery Act (19 U.S.C.
2702)'' the following: ``, Ireland, and Northern Ireland''.
TITLE II--TRADE AND DEVELOPMENT AGENCY
SEC. 201. TRADE AND DEVELOPMENT AGENCY.
Section 661(f)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2421(f)(1)) is amended--
(1) by striking ``There are authorized'' and inserting
``(A) There are authorized'';
(2) by striking ``$55,000,000'' and all that follows and
inserting ``$77,000,000 for fiscal year 1995 and such sums as
are necessary for fiscal year 1996.''; and
(3) by adding at the end the following new subparagraph:
``(B) Amounts appropriated pursuant to the authorization of
appropriations under subparagraph (A) are authorized to
remain available until expended.''.
TITLE III--EXPORT PROMOTION PROGRAMS WITHIN THE INTERNATIONAL TRADE
ADMINISTRATION
SEC. 301. EXPORT PROMOTION AUTHORIZATION.
Section 202 of the Export Administration Amendments Act of
1985 (15 U.S.C. 4052) is amended to read as follows:
``SEC. 202. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Department
of Commerce to carry out export promotion programs such sums
as are necessary for fiscal years 1995 and 1996.''
TITLE IV--PROMOTION OF UNITED STATES ENVIRONMENTAL EXPORTS
SEC. 401. SHORT TITLE.
This title may be cited as the ``Environmental Export
Promotion Act of 1994''.
SEC. 402. PROMOTION OF ENVIRONMENTAL EXPORTS.
(a) Environmental Technologies Trade Advisory Committee.--
Section 2313 of the Export Enhancement Act of 1988 (15 U.S.C.
4728) is amended--
(1) by striking subsection (d);
(2) by redesignating subsection (c) as subsection (e); and
(3) by inserting after subsection (b) the following:
``(c) Environmental Technologies Trade Advisory
Committee.--
``(1) Establishment and purpose.--The Secretary, in
carrying out the duties of the chairperson of the TPCC, shall
establish the Environmental Technologies Trade Advisory
Committee (hereafter in this section referred to as the
`Committee'). The purpose of the Committee shall be to
provide advice and guidance to the Working Group in the
development and administration of programs to expand United
States exports of environmental technologies, goods, and
services and products that comply with United States
environmental, safety, and related requirements.
``(2) Membership.--The members of the Committee shall be
drawn from representatives of--
``(A) environmental businesses, including small businesses;
``(B) trade associations in the environmental sector;
``(C) private sector organizations involved in the
promotion of environmental exports, including products that
comply with United States environmental, safety, and related
requirements;
``(D) States (as defined in section 2301(i)(5)) and
associations representing the States; and
``(E) other appropriate interested members of the public,
including labor representatives.
The Secretary shall appoint as members of the Committee at
least 1 individual under each of subparagraphs (A) through
(E).
``(d) Export Plans for Priority Countries.--
``(1) Priority country identification.--The Working Group,
in consultation with the Committee, shall annually assess
which foreign countries have markets with the greatest
potential for the export of United States environmental
technologies, goods, and services. Of these countries the
Working Group shall select as priority countries 5 with the
greatest potential for the application of United States
Government export promotion resources related to
environmental exports.
``(2) Export plans.--The Working Group, in consultation
with the Committee, shall annually create a plan for each
priority country selected under paragraph (1), setting forth
in detail ways to increase United States environmental
exports to such country. Each such plan shall--
``(A) identify the primary public and private sector
opportunities for United States exporters of environmental
technologies, goods, and services in the priority country;
``(B) analyze the financing and other requirements for
major projects in the priority country which will use
environmental technologies, goods, and services, and analyze
whether such projects are dependent upon financial assistance
from foreign countries or multilateral institutions; and
``(C) list specific actions to be taken by the member
agencies of the Working Group to increase United States
exports to the priority country.''.
(b) Additional Mechanisms To Promote Environmental
Exports.--Section 2313 of the Export Enhancement Act of 1988
is further amended by adding at the end the following:
``(f) Environmental Technologies Specialists in the United
States and Foreign Commercial Service.--
``(1) Assignment of environmental technologies
specialists.--The Secretary shall assign a specialist in
environmental technologies to the office of the United States
and Foreign Commercial Service in each of the 5 priority
countries selected under subsection (d)(1), and the Secretary
is authorized to assign such a specialist to the office of
the United States and Foreign Commercial Service in any
country that is a promising market for United States exports
of environmental technologies, goods, and services. Such
specialist may be an employee of the Department, an employee
of any relevant United States Government department or agency
assigned on a temporary or limited term basis to the Commerce
Department, or a representative of the private sector
assigned to the Department of Commerce.
``(2) Duties of environmental technologies specialists.--
Each specialist assigned under paragraph (1) shall provide
export promotion assistance to United States environmental
businesses, including, but not limited to--
``(A) identifying factors in the country to which the
specialist is assigned that affect the United States share of
the domestic market for environmental technologies, goods,
and services, including market barriers, standards-setting
activities, and financing issues;
``(B) providing assessments of assistance by foreign
governments that is provided to producers of environmental
technologies, goods, and services in such countries in order
to enhance exports to the country to which the specialist is
assigned, the effectiveness of such assistance on the
competitiveness of United States products, and whether
comparable United States assistance exists;
``(C) training Foreign Commercial Service Officers in the
country to which the specialist is assigned, other countries
in the region, and United States and Foreign Commercial
Service offices in the United States, in environmental
technologies and the international environmental market;
``(D) providing assistance in identifying potential
customers and market opportunities
[[Page 2418]]
in the country to which the specialist is assigned;
``(E) providing assistance in obtaining necessary business
services in the country to which the specialist is assigned;
``(F) providing information on environmental standards and
regulations in the country to which the specialist is
assigned;
``(G) providing information on all United States Government
programs that could assist the promotion, financing, and sale
of United States environmental technologies, goods, and
services in the country to which the specialist is assigned;
and
``(H) promoting the equal treatment of United States
environmental, safety, and related requirements, with those
of other exporting countries, in order to promote exports of
United States-made products.
``(g) Environmental Training in One-Stop Shops.--In
addition to the training provided under subsection (f)(2)(C),
the Secretary shall establish a mechanism to train--
``(1) Commercial Service Officers assigned to the one-stop
shops provided for in section 2301(b)(8), and
``(2) Commercial Service Officers assigned to district
offices in districts having large numbers of environmental
businesses,
in environmental technologies and in the international
environmental marketplace, and ensure that such officers
receive appropriate training under such mechanism. Such
training may be provided by officers or employees of the
Department of Commerce, and other United States Government
departments and agencies, with appropriate expertise in
environmental technologies and the international
environmental workplace, and by appropriate representatives
of the private sector.
``(h) International Regional Environmental Initiatives.--
``(1) Establishment of initiatives.--The TPCC may establish
one or more international regional environmental initiatives
the purpose of which shall be to coordinate the activities of
Federal departments and agencies in order to build
environmental partnerships between the United States and the
geographic region outside the United States for which such
initiative is established. Such partnerships shall enhance
environmental protection and promote sustainable development
by using in the region technical expertise and financial
resources of United States departments and agencies that
provide foreign assistance and by expanding United States
exports of environmental technologies, goods, and services to
that region.
``(2) Activities.--In carrying out each international
regional environmental initiative, the TPCC shall--
``(A) support, through the provision of foreign assistance,
the development of sound environmental policies and practices
in countries in the geographic region for which the
initiative is established, including the development of
environmentally sound regulatory regimes and enforcement
mechanisms;
``(B) identify and disseminate to United States
environmental businesses information regarding specific
environmental business opportunities in that geographic
region;
``(C) coordinate existing Federal efforts to promote
environmental exports to that geographic region, and ensure
that such efforts are fully coordinated with environmental
export promotion efforts undertaken by the States and the
private sector;
``(D) increase assistance provided by the Federal
Government to promote exports from the United States of
environmental technologies, goods, and services to that
geographic region, such as trade missions, reverse trade
missions, trade fairs, and programs in the United States to
train foreign nationals in United States environmental
technologies; and
``(E) increase high-level advocacy by United States
Government officials (including the United States ambassadors
to the countries in that geographic region) for United States
environmental businesses seeking market opportunities in that
geographic region.
``(i) Environmental Technologies Project Advocacy Calendar
and Information Dissemination Program.--The Working Group
shall--
``(1) maintain a calendar, updated at the end of each
calendar quarter, of significant opportunities for United
States environmental businesses in foreign markets and trade
promotion events, which shall--
``(A) be made available to the public;
``(B) identify the 50 to 100 environmental infrastructure
and procurement projects in foreign markets that have the
greatest potential in the calendar quarter for United States
exports of environmental technologies, goods, and services;
and
``(C) include trade promotion events, such as trade
missions and trade fairs, in the environmental sector; and
``(2) provide, through the National Trade Data Bank and
other information dissemination channels, information on
opportunities for environmental businesses in foreign markets
and information on Federal export promotion programs.
``(j) Environmental Technology Export Alliances.--Subject
to the availability of appropriations for such purpose, the
Secretary is authorized to use the Market Development
Cooperator Program to support the creation on a regional
basis of alliances of private sector entities, nonprofit
organizations, and universities, that support the export of
environmental technologies, goods, and services and promote
the export of products complying with United States
environmental, safety, and related requirements.
``(k) Definition.--For purposes of this section, the term
`environmental business' means a business that produces
environmental technologies, goods, or services.''.
TITLE V--INTERNATIONAL PROTECTION OF INTELLECTUAL PROPERTY
SEC. 501. ESTABLISHMENT OF PROGRAM.
(a) In General.--In carrying out part I of the Foreign
Assistance Act of 1961 and other relevant foreign assistance
laws, the President, acting through the Administrator of the
United States Agency for International Development, shall
establish a program of training and other technical
assistance to assist foreign countries in--
(1) developing and strengthening laws and regulations to
protect intellectual property; and
(2) developing the infrastructure necessary to implement
and enforce such laws and regulations.
(b) Participation of Other Agencies.--The Administrator of
the United States Agency for International Development--
(1) shall utilize the expertise of the Patent and Trademark
Office and other agencies of the United States Government in
designing and implementing the program of assistance provided
for in this section;
(2) shall coordinate assistance under this section with
efforts of other agencies of the United States Government to
increase international protection of intellectual property,
including implementation of international agreements
containing high levels of protection of intellectual
property; and
(3) shall consult with the heads of such other agencies in
determining which foreign countries will receive assistance
under this section.
And the Senate agree to the same.
From the Committee on Foreign Affairs, for consideration of
the House bill, and the Senate amendment, and modifications
committed to conference.
Lee H. Hamilton,
Sam Gejdenson,
James L. Oberstar,
Benjamin A.Gilman,
Toby Roth,
As additional conferees from the Committee on Energy and
Commerce, for consideration of title IV of the House bill,
and modifications committed to conference:
John D. Dingell,
Cardiss Collins,
Carlos J. Moorhead,
Managers on the Part of the House.
Claiborne Pell,
Paul Sarbanes,
From the Committee on Banking, Housing, and Urban Affairs for
consideration of titles III and IV of the House bill, and
modifications committed to conference:
Don Riegle,
Paul Sarbanes,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
On motion of Mr. GEJDENSON, the previous question was ordered on the
conference report to its adoption or rejection and, under the operation
thereof, the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 122.19 providing for the consideration of h.r. 5231
Mr. BEILENSON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 576):
Resolved, That upon the adoption of this resolution it
shall be in order to consider in the House the bill (H.R.
5231) to provide for the management of portions of the
Presidio under the jurisdiction of the Secretary of the
Interior. All points of order against the bill and against
its consideration are waived. Debate on the bill shall not
exceed one hour equally divided and controlled by the
chairman and ranking minority member of the Committee on
Natural Resources. The previous question shall be considered
as ordered on the bill to final passage without intervening
motion except one motion to recommit.
When said resolution was considered.
After debate,
On motion of Mr. BEILENSON, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 122.20 presidio management
Mr. VENTO, pursuant to House Resolution 576, called up the bill (H.R.
5231) to provide for the management of portions of the Presidio under
the jurisdiction of the Secretary of the Interior.
When said bill was considered and read twice.
After debate,
Pursuant to House Resolution 576, the previous question was ordered.
[[Page 2419]]
The bill was ordered to be engrossed and read a third time, was read a
third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. SHARP, announced that the yeas had it.
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 122.21 waiving points of order against the conference report on s.
1569
Mr. MOAKLEY, by direction of the Committee on Rules, called up the
following resolution (H. Res. 574):
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (S. 1569) to amend the Public Health Service Act to
establish, reauthorize and revise provisions to improve the
health of individuals from disadvantaged backgrounds, and for
other purposes. All points of order against the conference
report and against its consideration are waived. The
conference report shall be considered as read.
When said resolution was considered.
After debate,
On motion of Mr. MOAKLEY, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 122.22 recess--4:53 p.m.
The SPEAKER pro tempore, Mr. SHARP, pursuant to clause 12 of rule I,
declared the House in recess at 4 o'clock and 53 minutes p.m., subject
to the call of the Chair.
Para. 122.23 after recess--5:00 p.m.
The SPEAKER pro tempore, Mr. GONZALEZ, called the House to order.
Para. 122.24 minority health improvements
Mr. WAXMAN, pursuant to House Resolution 574, called up the following
conference report (Rept. No. 103-843):
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the House to the bill (S.
1569), to amend the Public Health Service Act to establish,
reauthorize and revise provisions to improve the health of
individuals from disadvantaged backgrounds, and for other
purposes, having met, after full and free conference, have
agreed to recommend and do recommend to their respective
Houses as follows:
That the Senate recede from its disagreement to the
amendment of the House to the text of the bill and agree to
the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the House
amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Minority
Health Improvement Act of 1994''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--OFFICES OF MINORITY HEALTH; ASSISTANT SECRETARY FOR CIVIL
RIGHTS
Sec. 101. Revision and extension of programs of Office of Minority
Health.
Sec. 102. Establishment of individual offices of minority health within
agencies of Public Health Service.
Sec. 103. Assistant Secretary of Health and Human Services for Civil
Rights.
TITLE II--PRIMARY HEALTH SERVICES
Sec. 201. Migrant health centers; community health centers.
Sec. 202. Health services for the homeless.
Sec. 203. Health services for residents of public housing.
Sec. 204. Grants to States for loan repayment programs regarding
obligated service of health professionals.
Sec. 205. Grants to States for operation of State offices of rural
health.
Sec. 206. Demonstration grants to States for community scholarship
programs regarding obligated service of health
professionals.
Sec. 207. Programs regarding birth defects.
Sec. 208. Healthy start for infants.
Sec. 209. Demonstration projects regarding diabetic-retinopathy.
Sec. 210. Issuance of regulations regarding language as impediment to
receipt of services.
TITLE III--HEALTH PROFESSIONS PROGRAMS
Sec. 301. Primary care scholarships for students from disadvantaged
backgrounds.
Sec. 302. Scholarships generally; certain other purposes.
Sec. 303. Loan repayments and fellowships regarding faculty positions.
Sec. 304. Centers of Excellence.
Sec. 305. Educational assistance regarding undergraduates.
Sec. 306. Student loans regarding schools of nursing.
Sec. 307. Federally-supported student loans funds.
Sec. 308. Area health education centers.
TITLE IV--RESEARCH
Sec. 401. Office of Research on Minority Health.
Sec. 402. Activities of Agency for Health Care Policy and Research.
Sec. 403. Data collection by National Center for Health Statistics.
TITLE V--NATIVE HAWAIIAN HEALTH CARE
Sec. 501. Clarification of 1992 amendments.
Sec. 502. Amendment of Native Hawaiian Health Care Improvement Act to
reflect 1992 agreement.
Sec. 503. Repeal of Public Health Service Act provision.
TITLE VI--WOMEN'S HEALTH
Sec. 601. Establishment of Office of Women's Health.
Sec. 602. Women's scientific employment regarding National Institutes
of Health.
Sec. 603. Information and education regarding female genital
mutilation.
Sec. 604. Study regarding curricula of medical schools and women's
health conditions.
TITLE VII--TRAUMATIC BRAIN INJURY
Sec. 701. Programs of Centers for Disease Control and Prevention.
Sec. 702. Programs of National Institutes of Health.
Sec. 703. Programs of Health Resources and Services Administration.
Sec. 704. Study; consensus conference.
TITLE VIII--MISCELLANEOUS PROVISIONS
Sec. 801. Technical amendment to Indian Health Care Improvement Act.
Sec. 802. Health services for Pacific Islanders.
Sec. 803. Technical corrections regarding Public Law 103-183.
Sec. 804. Certain authorities of Centers for Disease Control and
Prevention.
Sec. 805. Establishment of public health analytical laboratory.
Sec. 806. Administration of certain requirements.
Sec. 807. Revisions to eligibility requirements for entities subject to
drug pricing limitations.
Sec. 808. Demonstration projects regarding Alzheimer's disease.
Sec. 809. Technical corrections relating to health professions
programs.
Sec. 810. Clinical traineeships.
Sec. 811. Construction of regional centers for research on primates.
TITLE IX--GENERAL PROVISIONS
Sec. 901. Effective date.
TITLE I--OFFICE OF MINORITY HEALTH; ASSISTANT SECRETARY FOR CIVIL
RIGHTS
SEC. 101. REVISION AND EXTENSION OF PROGRAMS OF OFFICE OF
MINORITY HEALTH.
(a) In General.--Section 1707 of the Public Health Service
Act (42 U.S.C. 300u-6) is amended by striking subsection (b)
and all that follows and inserting the following:
``(b) Duties.--With respect to improving the health of
racial and ethnic minority groups, the Secretary, acting
through the Deputy Assistant Secretary for Minority Health
(in this section referred to as the `Deputy Assistant
Secretary'), shall carry out the following:
``(1) Establish short-range and long-range goals and
objectives and coordinate all other activities within the
Public Health Service that relate to disease prevention,
health promotion, service delivery, and research concerning
such individuals. The heads of each of the agencies of the
Service shall consult with the Deputy Assistant Secretary to
ensure the coordination of such activities.
``(2) Carry out the following types of activities by
entering into interagency agreements with other agencies of
the Public Health Service:
``(A) Support research, demonstrations and evaluations to
test new and innovative models.
``(B) Increase knowledge and understanding of health risk
factors.
``(C) Develop mechanisms that support better information
dissemination, education, prevention, and service delivery to
individuals from disadvantaged backgrounds, including
individiuals who are members of racial or ethnic minority
groups.
``(D) Ensure that the National Center for Health Statistics
collects data on the health status of each minority group.
``(E) With respect to individuals who lack proficiency in
speaking the English language, enter into contracts with
public and nonprofit private providers of primary health
services for the purpose of increasing the access of the
individuals to such services by developing and carrying out
programs to provide bilingual or interpretive services.
``(3) Support a national minority health resource center to
carry out the following:
``(A) Facilitate the exchange of information regarding
matters relating to health information and health promotion,
preventive
[[Page 2420]]
health services, and education in the appropriate use of
health care.
``(B) Facilitate access to such information.
``(C) Assist in the analysis of issues and problems
relating to such matters.
``(D) Provide technical assistance with respect to the
exchange of such information (including facilitating the
development of materials for such technical assistance).
``(4) Carry out programs to improve access to health care
services for individuals with limited proficiency in speaking
the English language by facilitating the removal of
impediments to the receipt of health care that result from
such limitation. Activities under the preceding sentence
shall include conducting research and developing and
evaluating model projects.
``(5) Not later than June 8 of each year, the Deputy
Assistant Secretary shall submit to the Secretary a report
summarizing the activities of each of the minority health
offices under section 1707A.
``(c) Advisory Committee.--
``(1) In general.--The Secretary shall establish an
advisory committee to be known as the Advisory Committee on
Minority Health (in this subsection referred to as the
`Committee'). The Deputy Assistant Secretary shall consult
with the Committee in carrying out this section.
``(2) Duties.--The Committee shall provide advice to the
Deputy Assistant Secretary carrying out this section,
including advice on the development of goals and specific
program activities under paragraphs (1) and (2) of subsection
(b) for each racial and ethnic minority group.
``(3) Chair.--The Deputy Assistant Secretary shall serve as
the chair of the Committee.
``(4) Composition.--
``(A) The Committee shall be composed of 12 voting members
appointed in accordance with subparagraph (B), and nonvoting,
ex officio members designated in subparagraph (C).
``(B) The voting members of the Committee shall be
appointed by the Secretary from among individuals who are not
officers or employees of the Federal Government and who have
expertise regarding issues of minority health. The racial and
ethnic minority groups shall be equally represented among
such members.
``(C) The nonvoting, ex officio members of the Committee
shall be the directors of each of the minority health offices
established under section 1707A, and such additional
officials of the Department of Health and Human Services as
the Secretary determines to be appropriate.
``(5) Terms.--Each member of the Committee shall serve for
a term of 4 years, except that the Secretary shall initially
appoint a portion of the members to terms of 1 year, 2 years,
and 3 years.
``(6) Vacancies.--If a vacancy occurs on the Committee, a
new member shall be appointed by the Secretary within 90 days
from the date that the vacancy occurs, and serve for the
remainder of the term for which the predecessor of such
member was appointed. The vacancy shall not affect the power
of the remaining members to execute the duties of the
Committee.
``(7) Compensation.--Members of the Committee who are
officers or employees of the United States shall serve
without compensation. Members of the Committee who are not
officers or employees of the United States shall receive, for
each day (including travel time) they are engaged in the
performance of the functions of the Committee. Such
compensation may not be in an amount in excess of the daily
equivalent of the annual maximum rate of basic pay payable
under the General Schedule (under title 5, United States
Code) for positions above GS-15.
``(d) Certain Requirements Regarding Duties.--
``(1) Recommendations regarding language as impediment to
health care.--The Secretary, acting through the Director of
the Office of Refugee Health, the Director of the Office of
Civil Rights, and the Director of the Office of Minority
Health of the Health Resources and Services Administration,
shall make recommendations to the Deputy Assistant Secretary
regarding activities under subsection (b)(4).
``(2) Equitable allocation regarding activities.--
``(A) In making awards of grants, cooperative agreements,
or contracts under this section or section 338A, 338B, 340A,
404, 724, 736, 737, 738, or 740, the Secretary, acting as
appropriate through the Deputy Assistant Secretary or the
Administrator of the Health Resources and Services
Administration, shall ensure that such awards are equitably
allocated with respect to the various racial and minority
populations.
``(B) With respect to grants, cooperative agreements, and
contracts that are available under the sections specified in
subparagraph (A), the Secretary shall--
``(i) carry out activities to inform entities, as
appropriate, that the entities may be eligible for awards of
such assistance;
``(ii) provide technical assistance to such entities in the
process of preparing and submitting applications for the
awards in accordance with the policies of the Secretary
regarding such application; and
``(iii) inform populations, as appropriate, that members of
the populations may be eligible to receive services or
otherwise participate in the activities carried out with such
awards.
``(3) Cultural competency of services.--The Secretary shall
ensure that information and services provided pursuant to
subsection (b) are provided in the language and cultural
context that is most appropriate for the individuals for whom
the information and services are intended.
``(e) Grants and Contracts Regarding Duties.--
``(1) In general.--In carrying out subsection (b), the
Deputy Assistant Secretary may make awards of grants,
cooperative agreements, and contracts to public and nonprofit
private entities.
``(2) Process for making awards.--The Deputy Assistant
Secretary shall ensure that awards under paragraph (1) are
made only on a competitive basis, and that an award is made
for a proposal only if the proposal has been recommended for
such an award through a process of peer review and has been
so recommended by the advisory committee established under
subsection (c).
``(3) Evaluation and dissemination.--The Deputy Assistant
Secretary, directly or through contracts with public and
private entities, shall provide for evaluations of projects
carried out with awards made under paragraph (1) during the
preceding 2 fiscal years. The report shall be included in the
report required under subsection (f) for the fiscal year
involved.
``(f) Biennial Reports.--Not later than February 1 of
fiscal year 1996 and of each second year thereafter, the
Deputy Assistant Secretary shall submit to the Committee on
Energy and Commerce of the House of Representatives, and to
the Committee on Labor and Human Resources of the Senate, a
report describing the activities carried out under this
section during the preceding 2 fiscal years and evaluating
the extent to which such activities have been effective in
improving the health of racial and ethnic minority groups.
Each such report shall include the biennial reports submitted
to the Deputy Assistant Secretary under section 1707A(e) for
such years by the heads of the minority health offices.
``(g) Definition.--For purposes of this section:
``(1) The term `racial and ethnic minority group' means
American Indians (including Alaskan Natives, Eskimos, and
Aleuts); Asian Americans and Pacific Islanders; Blacks; and
Hispanics.
``(2) The term `Hispanic' means individuals whose origin is
Mexican, Puerto Rican, Cuban, Central or South American, or
any other Spanish-speaking country.
``(h) Funding.--
``(1) Authorization of appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated $21,000,000 for fiscal year 1995, $25,000,000
for fiscal year 1996, and $28,000,000 for fiscal year 1997.
``(2) Allocation of funds by secretary.--Of the amounts
appropriated under paragraph (1) for a fiscal year in excess
of $15,000,000, the Secretary shall make available not less
than $3,000,000 for carrying out subsection (b)(2)(E).''.
(b) Miscellaneous Amendment.--Section 1707 of the Public
Health Service Act (42 U.S.C. 300u-6) is amended in the
heading for the section by striking ``establishment of''.
SEC. 102. ESTABLISHMENT OF INDIVIDUAL OFFICES OF MINORITY
HEALTH WITHIN AGENCIES OF PUBLIC HEALTH
SERVICE.
Title XVII of the Public Health Service Act (42 U.S.C. 300u
et seq.) is amended by inserting after section 1707 the
following section:
``individual offices of minority health within public health service
``Sec. 1707A. (a) In General.--The head of each agency
specified in subsection (b)(1) shall establish within the
agency an office to be known as the Office of Minority
Health. Each such Office shall be headed by a director, who
shall be appointed by the head of the agency within which the
Office is established, and who shall report directly to the
head of the agency. The head of such agency shall carry out
this section (as this section relates to the agency) acting
through such Director.
``(b) Specified Agencies.--
``(1) In general.--The agencies referred to in subsection
(a) are the following:
``(A) The Centers for Disease Control and Prevention.
``(B) The Agency for Health Care Policy and Research.
``(C) The Health Resources and Services Administration.
``(D) The Substance Abuse and Mental Health Services
Administration.
``(2) National institutes of health.--For purposes of
subsection (c) and the subsequent provisions of this section,
the term `minority health office' includes the Office of
Research on Minority Health established within the National
Institutes of Health. The Director of the National Institutes
of Health shall carry out this section (as this section
relates to the agency) acting through the Director of such
Office.
``(c) Composition.--The head of each specified agency shall
ensure that the officers and employees of the minority health
office of the agency are, collectively, experienced in
carrying out community-based health programs for each of the
various racial and ethnic minority groups that are present in
significant numbers in the United States. The head of such
agency shall ensure that, of such officers and employees who
are members of racial and ethnic minority groups, no such
group is disproportionately represented.
``(d) Duties.--Each Director of a minority health office
shall monitor the programs of the specified agency of such
office in order to carry out the following:
[[Page 2421]]
``(1) Determine the extent to which the purposes of the
programs are being carried out with respect to racial and
ethnic minority groups;
``(2) Determine the extent to which members of such groups
are represented among the Federal officers and employees who
administer the programs; and
``(3) Make recommendations to the head of such agency on
carrying out the programs with respect to such groups. In the
case of programs that provide services, such recommendations
shall include recommendations toward ensuring that--
``(A) the services are equitably delivered with respect to
racial and ethnic minority groups;
``(B) the programs provide the services in the language and
cultural context that is most appropriate for the individuals
for whom the services are intended; and
``(C) the programs utilize racial and ethnic minority
community-based organizations to deliver the services.
``(e) Biennial Reports to Secretary.--The head of each
specified agency shall submit to the Secretary for inclusion
in each biennial report under section 1707(g) (without
change) a biennial report describing--
``(1) the extent to which the minority health office of the
agency employs individuals who are members of racial and
ethnic minority groups, including a specification by minority
group of the number of such individuals employed by such
office; and
``(2) the manner in which the agency is complying with
Public Law 94-311 (relating to data on Americans of Spanish
origin or descent).
``(f) Definitions.--For purposes of this section:
``(1) The term `minority health office' means an office
established under subsection (a), subject to subsection
(b)(2).
``(2) The term `racial and ethnic minority group' has the
meaning given such term in section 1707(g).
``(3) The term `specified agency' means--
``(A) an agency specified in subsection (b)(1); and
``(B) the National Institutes of Health.
``(g) Funding.--
``(1) Allocations.--Of the amounts appropriated for a
specified agency for a fiscal year, the Secretary may reserve
not more than 0.5 percent for the purpose of carrying out
activities under this section through the minority health
office of the agency. In reserving an amount under the
preceding sentence for a minority health office for a fiscal
year, the Secretary shall reduce, by substantially the same
percentage, the amount that otherwise would be available for
each of the programs of the designated agency involved.
``(2) Availability of funds for staffing.--The purposes for
which amounts made available under paragraph (1) may be
expended by a minority health office include the costs of
employing staff for such office.''.
SEC. 103. ASSISTANT SECRETARY OF HEALTH AND HUMAN SERVICES
FOR CIVIL RIGHTS.
(a) In General.--Part A of title II of the Public Health
Service Act (42 U.S.C. 202 et seq.) is amended by adding at
the end the following new section:
``assistant secretary for civil rights
``Sec. 229. (a) Establishment of Position.--There shall be
in the Department of Health and Human Services an Assistant
Secretary for Civil Rights, who shall be appointed by the
President, by and with the advice and consent of the Senate.
``(b) Responsibilities.--The Assistant Secretary shall
perform such functions relating to civil rights as the
Secretary may assign.''.
(b) Conforming Amendment.--Section 5315 of title 5, United
States Code, is amended, in the item relating to Assistant
Secretaries of Health and Human Services, by striking ``(5)''
and inserting ``(6)''.
TITLE II--PRIMARY HEALTH SERVICES
SEC. 201. MIGRANT HEALTH CENTERS; COMMUNITY HEALTH CENTERS.
(a) Migrant Health Centers.--
(1) Treatment of pregnant women for substance abuse.--
Section 329(a) of the Public Health Service Act (42 U.S.C.
254b(a)) is amended--
(A) in paragraph (1)(C)--
(i) by inserting ``(i)'' after ``(C)'';
(ii) in clause (i) (as so designated), by adding ``and''
after the comma at the end; and
(iii) by adding at the end the following clause:
``(ii) to the State official responsible for carrying out
programs under subpart II of part B of title XIX, and in
accordance with the provisions of section 543 regarding the
disclosure of information, a notification if a pregnant woman
is provided a referral for the treatment of substance abuse
but the entity involved does not have the capacity to admit
additional individuals for treatment,''; and
(B) in paragraph (7)--
(i) in subparagraph (L), by striking ``and'' at the end;
(ii) by redesignating subparagraph (M) as subparagraph (N);
and
(iii) by inserting after subparagraph (L) the following
subparagraph:
``(M) treatment of pregnant women for substance abuse;
and''.
(2) Overlap in catchment areas.--Section 329(a) of the
Public Health Service Act (42 U.S.C. 254b(a)) is amended by
adding at the end the following paragraph:
``(8) In making grants under subsections (c)(1) and (d)(1),
the Secretary may provide for the development and operation
of more than one migrant health center in a catchment area in
any case in which the Secretary determines that in such area
there are workers or other individuals described in
subsection (a)(1) (in the matter after and below subparagraph
(H)) who otherwise will have a shortage of personal health
services. The preceding sentence may not be construed as
requiring that, in such a case, the catchment areas of the
centers involved be identical.''.
(3) Offsite activities.--Section 329(a) of the Public
Health Service Act, as amended by paragraph (2) of this
subsection, is amended by adding at the end the following
paragraph:
``(9) In making grants under this section, the Secretary
may, to the extent determined by the Secretary to be
appropriate, authorize migrant health centers to provide
services at locations other than the center.''.
(4) Authorization of appropriations.--Section 329(h) of the
Public Health Service Act (42 U.S.C. 254b(h)) is amended--
(A) in paragraph (1)(A), by striking ``1994'' and inserting
``1996''; and
(B) in paragraph (2)(A), by striking ``1994'' and inserting
``1996''.
(b) Community Health Centers.--
(1) Treatment of pregnant women for substance abuse.--
Section 330 of the Public Health Service Act (42 U.S.C. 254c)
is amended--
(A) in subsection (a)(3)--
(i) by inserting ``(A)'' after ``(3)'';
(ii) in subparagraph (A) (as so designated), by adding
``and'' after the comma at the end; and
(iii) by adding at the end the following subparagraph:
``(B) to the State official responsible for carrying out
programs under subpart II of part B of title XIX, and in
accordance with the provisions of section 543 regarding the
disclosure of information, a notification if a pregnant woman
is provided a referral for the treatment of substance abuse
but the entity involved does not have the capacity to admit
additional individuals for treatment,''; and
(B) in subsection (b)(2)--
(i) in subparagraph (L), by striking ``and'' at the end;
(ii) by redesignating subparagraph (M) as subparagraph (N);
and
(iii) by inserting after subparagraph (L) the following
subparagraph:
``(M) treatment of pregnant women for substance abuse;
and''.
(2) Criteria regarding specific shortages.--Section
330(b)(4)(B) of the Public Health Service Act (42 U.S.C.
254c(b)(4)(B)) is amended by striking ``include'' and all
that follows through ``the ability of the residents'' and
inserting the following: ``include factors indicative of the
health status of the residents of an area or the health
status of a population group, such as infant mortality in an
area or population group, the ability of the residents''.
(3) Overlap in catchment areas.--Section 330(b) of the
Public Health Service Act (42 U.S.C. 254c(b)) is amended by
adding at the end the following paragraph:
``(7) In making grants under subsections (c)(1) and (d)(1),
the Secretary may provide for the development and operation
of more than one community health center in a catchment area
in any case in which the Secretary determines that there is a
population group in such area that otherwise will have a
shortage of personal health services. The preceding sentence
may not be construed as requiring that, in such a case, the
catchment areas of the centers involved be identical.''.
(4) Offsite activities.--Section 330(b) of the Public
Health Service Act, as amended by paragraph (3) of this
subsection, is amended by adding at the end the following
paragraph:
``(8) In making grants under this section, the Secretary
may, to the extent determined by the Secretary to be
appropriate, authorize community health centers to provide
services at locations other than the center.''.
(5) Authorization of appropriations.--Section 330(g) of the
Public Health Service Act (42 U.S.C. 254c(g)) is amended--
(A) in paragraph (1)(A), by striking ``1994'' and inserting
``1996''; and
(B) in paragraph (2)(A), by striking ``1994'' and inserting
``1996''.
SEC. 202. HEALTH SERVICES FOR THE HOMELESS.
Section 340(q)(1) of the Public Health Service Act (42
U.S.C. 256(q)(1)) is amended by striking ``and 1994'' and
inserting ``through 1998''.
SEC. 203. HEALTH SERVICES FOR RESIDENTS OF PUBLIC HOUSING.
Section 340A(p)(1) of the Public Health Service Act (42
U.S.C. 256a(p)(1)) is amended by striking ``and 1993'' and
inserting ``through 1998''.
SEC. 204. GRANTS TO STATES FOR LOAN REPAYMENT PROGRAMS
REGARDING OBLIGATED SERVICE OF HEALTH
PROFESSIONALS.
Section 338I(c) of the Public Health Service Act (42 U.S.C.
254q-1(c)) is amended by adding at the end the following
paragraph:
``(4) Private practice.--
``(A) In carrying out the program operated with a grant
under subsection (a), a State may waive the requirement of
paragraph (1) regarding the assignment of a health
professional if, subject to subparagraph (B), the health
professional enters into an agreement with the State to
provide primary health services in a full-time private
clinical practice in a health professional shortage area.
``(B) The Secretary may not make a grant under subsection
(a) unless the State in-
[[Page 2422]]
volved agrees that, if the State provides a waiver under
subparagraph (A) for a health professional, section
338D(b)(1) will apply to the agreement under such
subparagraph between the State and the health professional to
the same extent and in the same manner as such section
applies to an agreement between the Secretary and a health
professional regarding a full-time private clinical
practice.''.
SEC. 205. GRANTS TO STATES FOR OPERATION OF STATE OFFICES OF
RURAL HEALTH.
Section 338J of the Public Health Service Act (42 U.S.C.
254r) is amended--
(1) in subsection (b)(1), in the matter preceding
subparagraph (A), by striking ``in cash''; and
(2) in subsection (j)(1)--
(A) by striking ``and'' after ``1992,''; and
(B) by inserting before the period the following: ``, and
such sums as may be necessary for each of the fiscal years
1995 through 1997''; and
(3) in subsection (k), by striking ``$10,000,000'' and
inserting ``$20,000,000''.
SEC. 206. DEMONSTRATION GRANTS TO STATES FOR COMMUNITY
SCHOLARSHIP PROGRAMS REGARDING OBLIGATED
SERVICE OF HEALTH PROFESSIONALS.
Section 338L of the Public Health Service Act (42 U.S.C.
254t) is amended--
(1) by striking ``health manpower shortage'' each place
such term appears and inserting ``health professional
shortage'';
(2) in subsection (e)--
(A) by striking paragraph (1);
(B) by redesignating paragraphs (2) through (6) as
paragraphs (1) through (5), respectively; and
(C) in paragraph (1) (as so redesignated), by inserting
after ``the individual'' the following: ``who is to receive
the scholarship under the contract'';
(3) in subsection (k)(2), by striking ``internal medicine,
pediatrics,'' and inserting ``general internal medicine,
general pediatrics,''; and
(4) in subsection (l)(1)--
(A) by striking ``and'' after ``1992,''; and
(B) by inserting before the period the following: ``, and
such sums as may be necessary for each of the fiscal years
1995 through 1997''.
SEC. 207. PROGRAMS REGARDING BIRTH DEFECTS.
Section 317C of the Public Health Service Act (42 U.S.C.
247b-4) is amended to read as follows:
``programs regarding birth defects
``Sec. 317C. (a) The Secretary, acting through the Director
of the Centers for Disease Control and Prevention, shall
carry out programs--
``(1) to collect, analyze, and make available data on birth
defects (in a manner that facilitates compliance with
subsection (d)(2)), including data on the causes of such
defects and on the incidence and prevalence of such defects;
``(2) to support primary birth-defect prevention, including
information and education to the public on the prevention of
such defects;
``(3) to improve the education, training, and clinical
skills of health professionals with respect to the prevention
of such defects;
``(4) to carry out demonstration projects for the
prevention of such defects; and
``(5) to operate regional centers for the conduct of
applied epidemiological research on the prevention of such
defects.
``(b) Additional Provisions Regarding Collection of Data.--
``(1) In general.--In carrying out subsection (a)(1), the
Secretary--
``(A) shall collect and analyze data by gender and by
racial and ethnic group, including Hispanics, non-Hispanic
whites, Blacks, Native Americans, Asian Americans, and
Pacific Islanders;
``(B) shall collect data under subparagraph (A) from birth
certificates, death certificates, hospital records, and such
other sources as the Secretary determines to be appropriate;
and
``(C) shall encourage States to establish or improve
programs for the collection and analysis of epidemiological
data on birth defects, and to make the data available.
``(2) National clearinghouse.--In carrying out subsection
(a)(1), the Secretary shall establish and maintain a National
Information Clearinghouse on Birth Defects to collect and
disseminate to health professionals and the general public
information on birth defects, including the prevention of
such defects.
``(c) Grants and Contracts.--
``(1) In general.--In carrying out subsection (a), the
Secretary may make grants to and enter into contracts with
public and nonprofit private entities.
``(2) Supplies and services in lieu of award funds.--
``(A) Upon the request of a recipient of an award of a
grant or contract under paragraph (1), the Secretary may,
subject to subparagraph (B), provide supplies, equipment, and
services for the purpose of aiding the recipient in carrying
out the purposes for which the award is made and, for such
purposes, may detail to the recipient any officer or employee
of the Department of Health and Human Services.
``(B) With respect to a request described in subparagraph
(A), the Secretary shall reduce the amount of payments under
the award involved by an amount equal to the costs of
detailing personnel and the fair market value of any
supplies, equipment, or services provided by the Secretary.
The Secretary shall, for the payment of expenses incurred in
complying with such request, expend the amounts withheld.
``(3) Application for award.--The Secretary may make an
award of a grant or contract under paragraph (1) only if an
application for the award is submitted to the Secretary and
the application is in such form, is made in such manner, and
contains such agreements, assurances, and information as the
Secretary determines to be necessary to carry out the
purposes for which the award is to be made.
``(d) Biennial Report.--Not later than February 1 of fiscal
year 1995 and of every second such year thereafter, the
Secretary shall submit to the Committee on Energy and
Commerce of the House of Representatives, and the Committee
on Labor and Human Resources of the Senate, a report that,
with respect to the preceding 2 fiscal years--
``(1) contains information regarding the incidence and
prevalence of birth defects and the extent to which birth
defects have contributed to the incidence and prevalence of
infant mortality;
``(2) contains information under paragraph (1) that is
specific to various racial and ethnic groups (including
Hispanics, non-Hispanic whites, Blacks, Native Americans, and
Asian Americans);
``(3) contains an assessment of the extent to which various
approaches of preventing birth defects have been effective;
``(4) describes the activities carried out under this
section; and
``(5) contains any recommendations of the Secretary
regarding this section.
``(e) Authorization of Appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated such sums as may be necessary for each of the
fiscal years 1995 through 1997.''.
SEC. 208. HEALTHY START FOR INFANTS.
(a) Technical Correction Regarding Amendatory
Instructions.--Part D of title III of the Public Health
Service Act (42 U.S.C 254b et seq.), as amended by section
104 of Public Law 103-183 (107 Stat. 2230), is amended in the
heading for subpart VIII by striking ``Bulk'' and all that
follows and inserting the following: ``Miscellaneous
Provisions Regarding Primary Health Care''. The amendment
made by the preceding sentence is deemed to have taken effect
immediately after the enactment of Public Law 103-183.
(b) Healthy Start for Infants.--Part D of title III of the
Public Health Service Act, as amended by subsection (a) of
this section, is amended by adding at the end of subpart VIII
the following section:
``healthy start for infants
``Sec. 340E. (a) Grants for Comprehensive Services.--
``(1) In general.--The Secretary may make grants for the
operation of not more than 22 demonstration projects to
provide the services described in subsection (b)(1)(A) for
the purpose of reducing, in the geographic areas in which the
projects are carried out--
``(A) the incidence of infant mortality;
``(B) the incidence of low-birthweight births; and
``(C) the incidence of maternal mortality.
``(2) Achievement of year 2000 health status objectives.--
With respect to the objectives established by the Secretary
for the health status of the population of the United States
for the year 2000, the Secretary shall, in providing for a
demonstration project under paragraph (1) in a geographic
area, seek to meet the objectives that are applicable to the
purpose described in such paragraph and the populations
served by the project.
``(b) Eligible Uses of Grant.--
``(1) Authorized services.--
``(A) In general.--Subject to subsection (h), the services
referred to in this subsection are comprehensive services
(including preventive and primary health services for
pregnant and postpartum women and infants and infant
immunizations in accordance with the schedule recommended by
the Secretary) for carrying out the purpose described in
subsection (a), including services other than health
services.
``(B) Use of certain providers.--
``(i) The Secretary may make a grant under subsection (a)
only if the applicant involved agrees that, in making any
arrangements under which other entities provide authorized
services in the demonstration project involved, the applicant
will include among the entities with which the arrangements
are made the entities described in clause (ii) if such
entities are providing services in the service area of such
project and the entities are willing to make such
arrangements with the applicant.
``(ii) For purposes of clause (i), the entities described
in this clause are the following: Grantees under any of
sections 329, 330, 340, and 340A; the public health agencies
of the States and localities involved; and social service
agencies, local hospitals, and community-based organizations
that are public or nonprofit private entities and have a
history of serving the populations served by the
demonstration project involved.
``(C) Confidentiality.--The Secretary may make a grant
under subsection (a) only if the applicant for the grant, and
each provider of services in the demonstration project
involved, agree to ensure the confidentiality of records that
the project maintains on individuals who receive the services
of the project.
``(2) Other uses.--The Secretary shall authorize grantees
under subsection (a) to expend the grant for following:
[[Page 2423]]
``(A) The development of community-based partnerships for
the organization and delivery of services to pregnant women
and to infants.
``(B) The development and operation of data systems
necessary for monitoring the provision of services to the
individuals served by the demonstration project involved and
determining the outcomes of such services.
``(C) Carrying out infant mortality reviews.
``(c) Eligible Geographic Areas.--The Secretary may make a
grant under subsection (a) only if--
``(1) the applicant for the grant specifies the geographic
area in which the demonstration project under such subsection
is to be carried out and agrees that the project will not be
carried out in other areas; and
``(2) during a period designated by the Secretary, the rate
of infant mortality in the geographic area equals or exceeds
150 percent of the national average in the United States of
such rates.
``(d) Minimum Qualifications of Grantees.--
``(1) Public or nonprofit private entities.--The Secretary
may make a grant under subsection (a) only if the applicant
for the grant is a State or local department of health, or
other public or nonprofit private entity, or a consortium of
public or nonprofit private entities.
``(2) Approval of applicant by political subdivisions.--
With respect to a proposed demonstration project under
subsection (a), the Secretary may make a grant under such
subsection only if--
``(A) the chief executive officer of each political
subdivision in the service area of such project approves the
applicant for the grant as being qualified to carry out the
project; and
``(B) the leadership of any Indian tribe or tribal
organization with jurisdiction over any portion of such area
so approves the applicant.
``(3) Status as medicaid provider.--
``(A) In the case of any service described in subsection
(b)(1)(A) that is available pursuant to the State plan
approved under title XIX of the Social Security Act for a
State in which a demonstration project under subsection (a)
is carried out, the Secretary may make a grant under such
subsection for the project only if, subject to subparagraph
(B)--
``(i) the applicant for the grant will provide the service
directly, and the applicant has entered into a participation
agreement under the State plan and is qualified to receive
payments under such plan; or
``(ii) the applicant will enter into an agreement with a
public or private entity under which the entity will provide
the service, and the entity has entered into such a
participation agreement under the State plan and is qualified
to receive such payments.
``(B)(i) In the case of an entity making an agreement
pursuant to subparagraph (A)(ii) regarding the provision of
services, the requirement established in such subparagraph
regarding a participation agreement shall be waived by the
Secretary if the entity does not, in providing health care
services, impose a charge or accept reimbursement available
from any third-party payor, including reimbursement under any
insurance policy or under any Federal or State health
benefits plan.
``(ii) A determination by the Secretary of whether an
entity referred to in clause (i) meets the criteria for a
waiver under such clause shall be made without regard to
whether the entity accepts voluntary donations regarding the
provision of services to the public.
``(e) State Approval of Proposal for Project.--With respect
to a proposed demonstration project under subsection (a), the
Secretary may make a grant under such subsection to the
applicant involved only if--
``(1) the chief executive officer of the State in which the
project is to be carried out approves the proposal of the
applicant for carrying out the project; and
``(2) the leadership of any Indian tribe or tribal
organization with jurisdiction over any portion of the
service area of the project so approves the proposal.
``(f) Eligibility for Services Provided With Grant Funds.--
The Secretary may make a grant under subsection (a) only if
the applicant involved agrees that the grant will not be
expended to make payment for any item or service to the
extent that payment has been made, or can reasonably be
expected to be made, with respect to such item or service--
``(1) under a health insurance policy or plan (including a
group health plan or a prepaid health plan);
``(2) under any Federal or State health benefits program,
including any program under title V, XVIII, or XIX of the
Social Security Act; or
``(3) under subpart II of part B of title XIX of this Act.
``(g) Maintenance of Effort.--With respect to expenditures
for authorized services under subsection (b), the Secretary
may make a grant under subsection (a) only if the following
agreements are made:
``(1) The applicant involved agrees that, in the case of
non-Federal amounts the expenditure of which is within the
discretion of the applicant, the applicant will maintain
expenditures of such amounts for authorized services at a
level that is not less than the level of such expenditures
maintained by the applicant for fiscal year 1993.
``(2) The State in which the demonstration project will be
carried out (or the appropriate agencies of the State) agrees
to maintain expenditures of non-Federal amounts for
authorized services at a level that is not less than the
level of such expenditures maintained by the political
subdivision for fiscal year 1993.
``(3) Each political subdivision in the service area of the
demonstration project agrees to maintain expenditures of non-
Federal amounts for such services at a level that is not less
than the level of such expenditures maintained by the
political subdivision for fiscal year 1993.
``(h) Restrictions on Expenditure of Grant.--
``(1) In general.--Except as provided in paragraph (3), the
Secretary may make a grant under subsection (a) only if the
applicant involved agrees that the grant will not be
expended--
``(A) to provide inpatient services, except with respect to
residential treatment for substance abuse provided in
settings other than hospitals;
``(B) to make cash payments to intended recipients of
health services or mental health services; or
``(C) to purchase or improve real property (other than
minor remodeling of existing improvements to real property)
or to purchase major medical equipment (other than mobile
medical units for providing ambulatory prenatal services).
``(2) Activities other than provision of services.--The
Secretary may make a grant under subsection (a) only if the
applicant involved agrees that not more than 15 percent of
the grant will be expended for administering the grant,
collecting and analyzing data, and carrying out the
activities described in subsection (b)(2).
``(3) Waiver.--If the Secretary finds that the purpose
described in subsection (a) cannot otherwise be carried out,
the Secretary may, with respect to an otherwise qualified
applicant, waive the restriction established in paragraph
(1)(C).
``(i) Determination of Cause of Infant Deaths.--The
Secretary may make a grant under subsection (a) only if the
applicant involved--
``(1) agrees to provide for a determination of the cause of
each infant death in the service area of the demonstration
project involved; and
``(2) the applicant has made such arrangements with public
entities as may be necessary to carry out paragraph (1).
``(j) Annual Reports to Secretary.--
``(1) In general.--The Secretary may make a grant under
subsection (a) only if the applicant involved agrees that,
for each fiscal year for which the applicant operates a
demonstration project under such subsection the applicant
will, not later than April 1 of the subsequent fiscal year,
submit to the Secretary a report providing the following
information with respect to the project:
``(A) The number of individuals that received authorized
services, and the demographic characteristics of the
population of such individuals.
``(B) The types of authorized services provided, including
the types of ambulatory prenatal services provided and the
trimester of the pregnancy in which the services were
provided.
``(C) The sources of payment for the authorized services
provided.
``(D) An analysis of the causes of death determined under
subsection (i).
``(E) The extent of progress being made toward meeting the
health status objectives specified in subsection (a)(2) for
the populations served.
``(F) The extent to which children under age 1 served by
the project have received the appropriate number and variety
of immunizations against vaccine-preventable diseases.
``(G) With respect to the populations served by the
project, the extent to which progress is being made toward
meeting the participation goals established for the State by
the Secretary under section 1905(r) of the Social Security
Act (relating to early periodic screening, diagnostic, and
treatment services for children under the age of 21).
``(2) Cooperation of state regarding medicaid goals for
participation.--With respect to the State in which a proposed
demonstration project under subsection (a) is to be carried
out, the Secretary may make a grant under such subsection for
the project only if the State (or the appropriate agency of
the State) agrees to provide to the applicant involved, in a
timely manner, the information needed by the applicant for
purposes of paragraph (1)(G).
``(k) Community Participation.--The Secretary may make a
grant under subsection (a) only if the applicant involved
agrees that, in preparing the proposal of the applicant for
the demonstration project involved, and in the operation of
the project, the applicant will include, as participants,
residents of the service area of the project and public and
nonprofit private entities that provide authorized services
to such residents.
``(l) Application for Grant.--The Secretary may make a
grant under subsection (a) only if an application for the
grant is submitted to the Secretary and the application is in
such form, is made in such manner, and contains such
agreements, assurances, and information as the Secretary
determines to be necessary to carry out this section.
``(m) Evaluation.--The Secretary shall provide for an
evaluation of demonstration projects carried out under
subsection (a), other than any such project for which a grant
under such subsection was first provided during fiscal year
1994.
``(n) Reports to Congress.--
[[Page 2424]]
``(1) In general.--The Secretary shall submit to the
Committee on Energy and Commerce of the House of
Representatives, and the Committee on Labor and Human
Resources of the Senate, two reports regarding this section.
The first such report shall be submitted not later than
February 1, 1997, and shall be an interim report providing
such components of the information described in paragraph (2)
as may be available during the period involved. The second
such report shall be submitted not later than February 1,
1998, and shall be a final report providing the information
so described.
``(2) Contents.--For purposes of paragraph (1), the
information described in this paragraph is--
``(A) a summary of the reports received by the Secretary
under subsection (j);
``(B) a summary of the evaluation conducted by the
Secretary under subsection (m);
``(C) a description of the extent to which the Secretary
has, in the service areas of demonstration projects under
subsection (a), been successful in meeting the health status
objectives specified in subsection (a)(2); and
``(D) a description of the extent to which such projects
have been cost effective.
``(o) Definitions.--For purposes of this section:
``(1) The term `authorized services' means the services
specified in subsection (b)(1)(A).
``(2) The terms `Indian tribe' and `tribal organization'
have the meaning given such terms in section 4(b) and section
4(c) of the Indian Self-Determination and Education
Assistance Act.
``(3) The term `service area', with respect to a
demonstration project under subsection (a), means the
geographic area specified in subsection (c).
``(p) Funding.--
``(1) Authorization of appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated such sums as may be necessary for each of the
fiscal years 1995 through 1997.
``(2) Limitations.--
``(A) Of the amounts appropriated under paragraph (1) for a
fiscal year, the Secretary may not obligate more than 2
percent for the administrative costs of the Secretary in
carrying out this section, for the provision of technical
assistance regarding demonstration projects under subsection
(a), and for activities to provide information and education
to the public.
``(B) Of the amounts appropriated under paragraph (1)
through fiscal year 1997, the Secretary may not expend more
than an aggregate $6,000,000 for evaluations under subsection
(m).
``(q) Sunset.--Effective October 1, 1997, this section is
repealed.''.
(c) Certain Provisions Regarding Reports.--
(1) Fiscal year 1995.--With respect to grants under section
340E of the Public Health Service Act (as added by subsection
(b) of this section), the Secretary of Health and Human
Services may make a grant under such section for fiscal year
1995 only if the applicant for the grant agrees to submit to
the Secretary, not later than April 1 of such year, a report
on any federally-supported project of the applicant that is
substantially similar to the demonstration projects
authorized in such section 340E, which report provides, to
the extent practicable, the information described in
subsection (j) of such section.
(2) Fiscal year 1997.--With respect to grants for fiscal
year 1997 under section 340E of the Public Health Service Act
(as added by subsection (b) of this section), the requirement
under subsection (j) of such section that a report be
submitted not later than April 1, 1998, remains in effect
notwithstanding the repeal of such section pursuant to
subsection (q) of such section.
(d) Lapse of Funds.--Effective October 1, 1997, all
unexpended portions of amounts appropriated for grants under
340E of the Public Health Service Act (as added by subsection
(b) of this section) are unavailable for obligation or
expenditure, without regard to whether the amounts have been
received by the grantees involved.
(e) Use of General Authority Under Public Health Service
Act.--With respect to the program established in section 340E
of the Public Health Service Act (as added by subsection (b)
of this section), section 301 of such Act may not be
construed as providing to the Secretary of Health and Human
Services any authority to carry out any program providing for
the development or operation of demonstration projects
substantially similar to the demonstration projects carried
out under such section 340E.
SEC. 209. DEMONSTRATION PROJECTS REGARDING DIABETIC-
RETINOPATHY.
(a) Technical Correction Regarding Amendatory
Instructions.--Section 301(a) of Public Law 103-183 (107
Stat. 2233) is amended by striking ``(42 U.S.C. 242 et
seq.)'' and inserting ``(42 U.S.C. 243 et seq.)''. The
amendment made by the preceding sentence is deemed to have
taken effect immediately after the enactment of Public Law
103-183.
(b) Establishment of Program.--Part B of title III of the
Public Health Service Act (42 U.S.C. 243 et seq.), as amended
pursuant to subsection (a) and as amended by section 703 of
Public Law 103-183 (107 Stat. 2240), is amended by inserting
after section 317F the following section:
``demonstration projects regarding diabetic-retinopathy
``Sec. 317G. (a) In General.--The Secretary, acting through
the Director of the Center for Chronic Disease Prevention and
Health Promotion (of the Centers for Disease Control and
Prevention) and in consultation with the Director of the
National Eye Institute, shall make grants to public and
nonprofit private entities for demonstration projects to
serve the populations specified in subsection (b) by carrying
out, with respect to the eye disorder known as diabetic-
retinopathy, activities regarding information,
identification, dissemination, education, and prevention.
``(b) Relevant Populations.--The populations referred to in
subsection (a) are minority populations that have diabetes
mellitus.''.
SEC. 210. ISSUANCE OF REGULATIONS REGARDING LANGUAGE AS
IMPEDIMENT TO RECEIPT OF SERVICES.
(a) Proposed Rule.--Not later than the expiration of the
180-day period beginning on the date of the enactment of this
Act, the Secretary of Health and Human Services (in this
section referred to as the ``Secretary'') shall issue a
proposed rule to establish regulations for policies to reduce
the extent to which having limited proficiency in speaking
the English language constitutes a significant impediment to
individuals in participating in, or receiving the benefits
of, any program or activity--
(1) under the Public Health Service Act;
(2) under titles XVIII or XIX of the Social Security Act;
or
(3) for which the Secretary otherwise provides financial
assistance.
(b) Final Rule.--
(1) In general.--Not later than the expiration of the 1-
year period beginning on the date of the enactment of this
Act, the Secretary shall issue a final rule to establish the
regulations described in subsection (a).
(2) Failure to issue by date certain.--If the Secretary
fails to issue a final rule under paragraph (1) before the
expiration of the period specified in such paragraph, the
proposed rule issued under subsection (a) is upon such
expiration deemed to be the final rule under paragraph (1)
(and shall remain in effect until the Secretary issues a
final rule under such paragraph).
TITLE III--HEALTH PROFESSIONS PROGRAMS
SEC. 301. PRIMARY CARE SCHOLARSHIPS FOR STUDENTS FROM
DISADVANTAGED BACKGROUNDS.
(a) In General.--Section 736 of the Public Health Service
Act (42 U.S.C. 293) is amended to read as follows:
``SEC. 736. CESAR CHAVEZ PROGRAM FOR PRIMARY CARE
SCHOLARSHIPS.
``(a) In General.--The Secretary may in accordance with
this section award scholarships to individuals described in
subsection (b) for the purpose of assisting the individuals
with the costs of attending schools of medicine or
osteopathic medicine, schools of dentistry, schools of
nursing (as defined in section 853), and graduate programs in
mental health practice.
``(b) Eligible Individuals.--An individual referred to in
subsection (a) is any individual meeting the following
conditions:
``(1) The individual is from a disadvantaged background.
``(2) The individual has a financial need for a scholarship
under such subsection.
``(3) The individual is enrolled (or accepted for
enrollment) at an eligible school as a full-time student in a
program leading to a degree in a health profession.
``(4) The individual enters into the contract required
pursuant to subsection (d) as a condition of receiving the
scholarship (relating to an agreement to provide primary
health services in a health professional shortage area
designated under section 332).
``(c) Preferences Regarding Awards.--
``(1) In general.--In awarding scholarships under
subsection (a), the Secretary shall give preference to
eligible individuals for whom the costs of attending the
school involved would constitute a severe financial hardship.
``(2) Additional preferences.--Of the eligible individuals
receiving preference for purposes of paragraph (1), the
Secretary shall give additional preference to individuals
meeting any of the following conditions:
``(A) The individuals received scholarships pursuant to
this section, section 737, or section 740(d)(2) for fiscal
year 1994.
``(B) The individuals are seeking scholarships for
attendance at eligible schools that received a grant under
any of such sections for such fiscal year.
``(C) The individuals are bilingual.
``(D) The individuals participate in a program or activity
carried out under section 739 by a grantee under such
section.
``(d) Applicability of Certain Provisions.--
``(1) In general.--Except as provided in paragraph (2), and
except as otherwise inconsistent with this section, the
provisions of subpart III of part D of title III apply to an
award of a scholarship under subsection (a) to the same
extent and in the same manner as such provisions apply to an
award of a scholarship under section 338A. This section shall
be carried out by the bureau that administers such subpart
III.
``(2) Option regarding certain medical fields.--
``(A) With respect to amounts that the Secretary reserves
for scholarships under subsection (a) for attendance at
schools of medicine or osteopathic medicine, the Secretary
shall obligate 30 percent for such scholarships for
individuals whose contracts made pursuant to paragraph (1)
provide to the individuals, subject to subparagraph (B), the
option of performing obligated service under the contract in
a medical field not providing primary health services.
[[Page 2425]]
``(B) In the case of an individual whose contract made
pursuant to paragraph (1) provides the option described in
subparagraph (A), the contract shall provide that, in the
event that the individual exercises the option, the period of
obligated service applicable under the contract is 2 years
for each school year for which the scholarship involved is
provided.
``(e) Definitions.--For purposes of this section:
``(1) The term `eligible individual' means an individual
described in subsection (b).
``(2) The term `eligible school' means a school or program
specified in subsection (a).
``(f) Funding.--
``(1) Authorization of appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated $25,000,000 for fiscal year 1995, $38,000,000
for fiscal year 1996, and $48,000,000 for fiscal year 1997.
Such authorization is in addition to the authorization of
appropriations established in section 740(f)(2)(B).
``(2) Allocations by secretary.--
``(A) Of the amounts appropriated under paragraph (1) for a
fiscal year and of the amounts available under section
740(f)(2)(B) for the year, the Secretary shall obligate
amounts in accordance with the following:
``(i) 19 percent shall be obligated for scholarships under
subsection (a) for attendance at schools of dentistry.
``(ii) 16 percent shall be obligated for scholarships under
such subsection for attendance at schools of nursing.
``(iii) 10 percent shall be obligated for scholarships
under such subsection for attendance at graduate programs in
mental health practice.
``(B) The requirements of subparagraph (A) apply only to
the extent that a sufficient number of eligible individuals
seeks the scholarships involved.''.
(b) Certain Programs Of Obligated Service.--
(1) Repeal.--Section 795 of the Public Health Service Act
(42 U.S.C. 295n) is repealed.
(2) Rule of construction.--Paragraph (1) does not terminate
agreements that, on the day before the effective date under
section 901, are in effect pursuant to section 795 of the
Public Health Service Act. Such agreements continue in effect
in accordance with the terms of the agreements. With respect
to compliance with such agreements, any period of practice as
a provider of primary health services (whether provided
pursuant to other agreements with the Federal Government or
whether provided otherwise) counts toward satisfaction of the
requirement of practice pursuant to such section 795.
SEC. 302. SCHOLARSHIPS GENERALLY; CERTAIN OTHER PURPOSES.
Section 737 of the Public Health Service Act (42 U.S.C.
293a) is amended to read as follows:
``SEC. 737. THURGOOD MARSHALL PROGRAM FOR HEALTH SERVICES
SCHOLARSHIPS.
``(a) In General.--The Secretary may in accordance with
this section award scholarships to individuals described in
subsection (b) for the purpose of assisting the individuals
with the costs of attending the health professions schools
described in subsection (c).
``(b) Eligible Individuals.--An individual referred to in
subsection (a) is any individual meeting the following
conditions:
``(1) The individual is from a disadvantaged background.
``(2) The individual has a financial need for a scholarship
under such subsection.
``(3) The individual is enrolled (or accepted for
enrollment) at an eligible school as a full-time student in a
program leading to a degree in a health profession.
``(4) The individual enters into the contract required
pursuant to subsection (e) as a condition of receiving the
scholarship (relating to an agreement to provide primary
health services in a health professional shortage area
designated under section 332).
``(c) Eligible Schools.--A health professions school
referred to in subsection (a) is a health professions school
meeting the following conditions:
``(1) The school is a school of veterinary medicine,
optometry, pharmacy, podiatric medicine, or public health, or
a designated school of allied health (as defined in
subsection (f)).
``(2) The school is carrying out a program for recruiting
and retaining students from disadvantaged backgrounds,
including students who are members of racial and ethnic
minority groups.
``(d) Preferences Regarding Awards.--
``(1) In general.--In awarding scholarships under
subsection (a), the Secretary shall give preference to
eligible individuals for whom the costs of attending the
school involved would constitute a severe financial hardship.
``(2) Additional preferences.--Of the eligible individuals
receiving preference for purposes of paragraph (1), the
Secretary shall give additional preference to individuals
meeting any of the following conditions:
``(A) The individuals received scholarships pursuant to
this section for fiscal year 1994.
``(B) The individuals are seeking scholarships for
attendance at eligible schools that received a grant under
this section for such fiscal year.
``(C) The individuals are bilingual.
``(D) The individuals participate in a program or activity
carried out under section 739 by a grantee under such
section.
``(e) Applicability of Certain Provisions.--
``(1) In general.--Except as provided in paragraph (2), and
except as otherwise inconsistent with this section, the
provisions of subpart III of part D of title III apply to an
award of a scholarship under subsection (a) to the same
extent and in the same manner as such provisions apply to an
award of a scholarship under section 338A.
``(2) Certain individuals.--
``(A) In the case of an individual who receives a
scholarship under subsection (a) for attendance at a school
of veterinary medicine, the contract made pursuant to
paragraph (1) shall provide that the individual agrees that,
after completing training in such medicine, the individual
will, in accordance with requirements established under
subparagraph (B)--
``(i) serve in a position in which the individual conducts
or assists in the conduct of research regarding human health
or safety; or
``(ii) serve in a position with a public health agency of a
State or a political subdivision of a State.
``(B) The Secretary shall establish requirements regarding
contracts under subparagraph (A).
``(f) Definitions.--For purposes of this section:
``(1) The term `designated school of allied health' means a
school of allied health providing training in occupational
therapy, physical therapy, dental hygiene, medical
technology, or radiologic technology.
``(2) The term `eligible individual' means an individual
described in subsection (b).
``(3) The term `eligible school' means a school described
in subsection (c).
``(g) Funding.--
``(1) Authorization of appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated $5,000,000 for fiscal year 1995, $8,000,000 for
fiscal year 1996, and $10,000,000 for fiscal year 1997.
``(2) Allocations by secretary.--With respect to
scholarships under subsection (a) for attendance at
designated schools of allied health, the Secretary shall
obligate for such scholarships 25 percent of the amounts
appropriated under paragraph (1) for each of the fiscal years
1995 through 1997. The requirement of the preceding sentence
applies only to the extent that a sufficient number of
eligible individuals seeks such scholarships.''.
SEC. 303. LOAN REPAYMENTS AND FELLOWSHIPS REGARDING FACULTY
POSITIONS.
(a) Loan Repayments.--Section 738(a) of the Public Health
Service Act (42 U.S.C. 293b(a)) is amended--
(1) by striking paragraphs (4) and (6);
(2) by redesignating paragraphs (5) and (7) as paragraphs
(4) and (5), respectively; and
(3) in paragraph (4) (as so redesignated), by amending
subparagraph (B) to read as follows:
``(B) the contract referred to in subparagraph (A) provides
that the school, in making a determination of the amount of
compensation to be provided by the school to the individual
for serving as a member of the faculty, will make the
determination without regard to the amount of payments made
(or to be made) to the individual by the Federal Government
under paragraph (1).''.
(b) Fellowships.--
(1) In general.--Section 738(b) of the Public Health
Service Act (42 U.S.C. 293b(b)) is amended--
(A) in paragraph (2)(B), by striking ``$30,000'' and
inserting ``$50,000''; and
(B) in paragraph (3)--
(i) in subparagraph (B), by inserting ``and'' after the
semicolon at the end;
(ii) in subparagraph (C), by striking ``; and'' and
inserting a period; and
(iii) by striking subparagraph (D).
(2) Definition.--Section 738(b) of the Public Health
Service Act (42 U.S.C. 293b(b)) is amended--
(A) in paragraph (1), by striking ``the number'' and all
that follows and inserting the following: ``the number of
underrepresented minority individuals who are members of the
faculty of the schools.'';
(B) in paragraph (3)(A), by striking ``individuals from
underrepresented minorities in the health professions'' and
inserting ``underrepresented minority individuals''; and
(C) in paragraph (5), by striking ``the term'' and all that
follows and inserting the following: ``the term
`underrepresented minority individuals' means individuals who
are members of racial or ethnic minority groups that are
underrepresented in the health professions.''.
(c) Authorization of Appropriations.--Section 738(c) of the
Public Health Service Act (42 U.S.C. 293b(c)) is amended by
striking ``there is'' and all that follows and inserting the
following: ``there is authorized to be appropriated
$1,100,000 for each of the fiscal years 1995 through 1997.''.
SEC. 304. CENTERS OF EXCELLENCE.
(a) References to Schools.--Section 739 of the Public
Health Service Act (42 U.S.C. 293c) is amended--
(1) by striking ``health professions schools'' each place
such term appears and inserting ``designated health
professions schools''; and
(2) by striking ``health professions school'' each place
such term appears and inserting ``designated health
professions school''.
(b) Required Uses of Funds.--Section 739(b) of the Public
Health Service Act (42 U.S.C. 293c(b)), as amended by
subsection (a), is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraph (1) as paragraph (2);
(3) by inserting before paragraph (2) (as so redesignated)
the following paragraph:
[[Page 2426]]
``(1) to collaborate with public and nonprofit private
entities to carry out community-based programs to interest
students of secondary schools and institutions of higher
education in pursuing careers in the health professions, and
to prepare interested students academically for such
careers;'';
(4) in paragraph (5)--
(A) by striking ``faculty and student research'' and
inserting ``student research''; and
(B) by inserting before the period the following: ``,
including research on issues relating to the delivery of
health care''; and
(5)(A) in paragraph (4), by striking ``and'' after the
semicolon at the end;
(B) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following paragraph:
``(6) to carry out a program to train students of the
school in providing health services through training provided
at community-based health facilities that provide such
services to a significant number of disadvantaged individuals
and that are located at a site remote from the main site of
the teaching facilities of the school.''.
(c) Requirements Regarding Consortia.--
(1) In general.--Section 739(c)(1) of the Public Health
Service Act (42 U.S.C. 293c(c)(1)), as amended by subsection
(a), is amended--
(A) in subparagraph (A), in the matter preceding clause
(i), by striking ``specified in subparagraph (B)'' and
inserting ``specified in subparagraphs (B) and (C)'';
(B) by redesignating subparagraph (C) as subparagraph (D);
and
(C) by inserting after subparagraph (B) the following
subparagraph:
``(C) The condition specified in this subparagraph is that,
in accordance with subsection (e)(1), the designated health
professions school involved has with other health profession
schools (designated or otherwise) formed a consortium to
carry out the purposes described in subsection (b) at the
schools of the consortium. The grant involved may be expended
with respect to the other schools without regard to whether
such schools meet the conditions specified in subparagraph
(B).''.
(2) Certain requirements.--Section 739(e) of the Public
Health Service Act (42 U.S.C. 293c(e)), as amended by
subsection (a), is amended to read as follows:
``(e) Provisions Regarding Consortia.--
``(1) Requirements.--For purposes of subsection (c)(1)(C),
a consortium of schools has been formed in accordance with
this subsection if--
``(A) the consortium consists of--
``(i) the designated health professions school seeking the
grant under subsection (a); and
``(ii) 1 or more schools of medicine, osteopathic medicine,
dentistry, pharmacy, nursing, allied health, or public
health, or graduate programs in mental health practice;
``(B) the schools of the consortium have entered into an
agreement for the allocation of such grant among the schools;
and
``(C) each of the schools agrees to expend the grant in
accordance with this section.
``(2) Authority regarding native americans centers of
excellence.--With respect to meeting the conditions specified
in subsection (c)(4), the Secretary may make a grant under
subsection (a) to a designated health professions school that
does not meet such conditions if--
``(A) the school has formed a consortium in accordance with
paragraph (1); and
``(B) the schools of the consortium collectively meet such
conditions, without regard to whether the schools
individually meet such conditions.''.
(3) Conforming amendments.--Section 739 of the Public
Health Service Act (42 U.S.C. 293c), as amended by subsection
(a), is amended--
(A) in subsection (b), in the matter preceding paragraph
(1), by inserting ``, subject to subsection (c)(1)(C),''
after ``agrees''; and
(B) in subsection (d)--
(i) in paragraph (3), by striking ``(e)'' and inserting
``(e)(2)''; and
(ii) by adding at the end the following paragraph:
``(4) Rule of construction.--Except as provided in
paragraph (3) regarding a consortium under subsection (e)(2),
a health professions school that does not meet the conditions
specified in subsection (c)(1)(B) may not be designated as a
center of excellence for purposes of this section. The
preceding sentence applies without regard to whether a grant
under subsection (a) is, pursuant to subsection (c)(1)(C),
being expended with respect to the school.''.
(d) Definition of Health Professions School.--
(1) Graduate programs in mental health practice.--Section
739(h)(1)(A) of the Public Health Service Act (42 U.S.C.
293c(h)(1)(A)), as amended by subsection (a), is amended by--
(A) by striking ``or'' after ``dentistry''; and
(B) by inserting before the period the following: ``, or a
graduate program in mental health practice''.
(2) Limitation.--During the fiscal years 1995 through 1997,
the Secretary of Health and Human Services may not make more
than one grant under section 739 of the Public Health Service
Act directly to a graduate program in mental health practice
(as defined in section 799 of such Act).
(e) Funding.--Section 739(i) of the Public Health Service
Act (42 U.S.C. 293c(i)), as amended by subsection (a), is
amended to read as follows:
``(i) Funding.--
``(1) Authorization of appropriations.--For the purpose of
making grants under subsection (a), there are authorized to
be appropriated $24,000,000 for fiscal year 1995, $28,000,000
for fiscal year 1996, and $33,000,000 for fiscal year 1997.
``(2) Allocations by secretary.--
``(A) Of the amounts appropriated under paragraph (1) for a
fiscal year, the Secretary shall make available $12,000,000
for grants under subsection (a) to health professions schools
that are eligible for such grants pursuant to meeting the
conditions described in paragraph (2)(A) of subsection (c).
``(B) Of the amounts appropriated under paragraph (1) for a
fiscal year and available after compliance with subparagraph
(A), the Secretary shall make available 65 percent for grants
under subsection (a) to health professions schools that are
eligible for such grants pursuant to meeting the conditions
described in paragraph (3) or (4) of subsection (c)
(including meeting conditions pursuant to subsection (e)(2)).
``(C)(i) Of the amounts appropriated under paragraph (1)
for a fiscal year and available after compliance with
subparagraph (A), the Secretary shall make available 35
percent for grants under subsection (a) to health professions
schools that are eligible for such grants pursuant to meeting
the conditions described in paragraph (5) of subsection (c).
``(ii) With respect to a fiscal year, a grant under
subsection (a) that includes amounts available under
subparagraph (A) may not include amounts available under
clause (i) unless each of the following conditions is met:
``(I) In the case of amounts available under subparagraph
(B) or clause (i) and included in grants made pursuant to
subsection (c)(3), the aggregate number of such grants is not
less than such aggregate number for the preceding fiscal
year, and one or more of such grants is made in an amount
that is not less than the lowest amount among grants made
from amounts available under subparagraph (A).
``(II) In the case of amounts available under subparagraph
(B) or clause (i) and included in grants made pursuant to
subsection (c)(4), the aggregate number of such grants is not
less than such aggregate number for the preceding fiscal
year, and one or more of such grants is made in an amount
that is not less than the lowest amount among grants made
from amounts available under subparagraph (A).
``(III) In the case of amounts available under clause (i)
and included in grants made pursuant to subsection (c)(5)
(exclusive of grants that include amounts available under
subparagraph (A) or (B)), the aggregate number of such grants
is not less than such aggregate number for the preceding
fiscal year, and one or more of such grants is made in an
amount that is not less than the lowest amount among grants
made from amounts available under subparagraph (A).
``(IV) The aggregate amount of grants under subsection (a)
made from amounts available under subparagraph (B) and clause
(i) (other than grants that include amounts available under
subparagraph (A)) is, in the case of fiscal year 1996, not
less than the sum of such aggregate amount for fiscal year
1995 and the total amount by which grants are required under
subclauses (I) through (III) to be increased; and is, in the
case of fiscal year 1997 and each subsequent fiscal year, not
less than such aggregate amount for the preceding fiscal
year.''.
(f) Conforming Amendments.--Section 739(c) of the Public
Health Service Act (42 U.S.C. 293c(c)), as amended by
subsection (a), is amended--
(1) in paragraph (3)(B), by striking ``the designated
health professions school'' and inserting ``the school''; and
(2) in paragraph (4), in each of subparagraphs (B) and (C),
by striking ``the designated health professions school'' and
inserting ``the school''.
(g) Transitional and Savings Provisions.--
(1) In general.--During the period specified in paragraph
(2)--
(A) the amendments made by subsections (a) through (f) do
not apply to any entity that received a grant for fiscal year
1994 under section 739 of the Public Health Service Act; and
(B) such a grant to the entity for fiscal year 1995 or
subsequent fiscal years shall be made and expended in
accordance with the provisions of such section as in effect
on the day before the date of the enactment of this Act.
(2) Relevant period.--In the case of an entity that
received a grant for fiscal year 1994 under section 739 of
the Public Health Service Act, the period referred to in
paragraph (1) is the period that, in first approving the
grant, the Secretary specified as the duration of the grant.
SEC. 305. EDUCATIONAL ASSISTANCE REGARDING UNDERGRADUATES.
(a) In General.--Section 740 of the Public Health Service
Act (42 U.S.C. 293d) is amended to read as follows:
``SEC. 740. HEALTH CAREERS OPPORTUNITY PROGRAM.
``(a) In General.--Subject to the provisions of this
section, the Secretary may make grants and enter into
cooperative agreements and contracts for any of the following
purposes:
``(1) Identifying and recruiting individuals who--
``(A) are students of elementary schools, or students or
graduates of secondary schools or of institutions of higher
education;
[[Page 2427]]
``(B) are from disadvantaged backgrounds; and
``(C) are interested in a career in the health professions.
``(2) Facilitating the entry of such individuals into a
health professions school.
``(3) Providing counseling or other services designed to
assist such individuals in successfully completing their
education at such a school.
``(4) Providing, for a period prior to the entry of such
individuals into the regular course of education of such a
school, preliminary education designed to assist the
individuals in successfully completing such regular course of
education at such a school, or referring such individuals to
institutions providing such preliminary education,
``(5) Paying such stipends as the Secretary may approve for
such individuals for any period of education in student-
enhancement programs (other than regular courses) at a health
professions schools, except that such a stipend may not be
provided to an individual for more than 12 months, and such a
stipend may not exceed $25 per day (notwithstanding any other
provision of law regarding the amount of stipends).
``(6) Carrying out programs under which such individuals
both--
``(A) gain experience regarding a career in a field of
primary health care through working at facilities of
nonprofit private community-based providers of primary health
services; and
``(B) receive academic instruction to assist in preparing
the individuals to enter health professions schools in such
fields.
``(b) Receipt of Award.--
``(1) Eligible entities; requirement of consortium.--The
Secretary may make an award under subsection (a) only if the
following conditions are met:
``(A) The applicant for the award is a public or nonprofit
private entity, and the applicant has established a
consortium consisting of nonprofit private community-based
organizations and health professions schools.
``(B) The health professions schools of the consortium are
schools of medicine or osteopathic medicine, public health,
dentistry, veterinary medicine, optometry, pharmacy, allied
health, chiropractic, or podiatric medicine, or graduate
programs in mental health practice (including such programs
in clinical psychology).
``(C) Except as provided in subparagraph (D), the
membership of the consortium includes not less than one
nonprofit private community-based organization and not less
than three health professions schools.
``(D) In the case of an applicant whose exclusive activity
under the award will be carrying out one or more programs
described in subsection (a)(6), the membership of the
consortium includes not less than one nonprofit private
community-based organization and not less than one health
professions schools.
``(E) The members of the consortium have entered into an
agreement specifying--
``(i) that each of the members will comply with the
conditions upon which the award is made; and
``(ii) whether and to what extent the award will be
allocated among the members.
``(2) Requirement of Competitive Awards.--Awards under
subsection (a) shall be made only on a competitive basis.
``(c) Financial Requirements.--
``(1) Assurances regarding capacity.--The Secretary may
make an award under subsection (a) only if the Secretary
determines that, in the case of activities carried out under
the award that prove to be effective toward achieving the
purposes of the activities--
``(A) the members of the consortium involved have or will
have the financial capacity to continue the activities,
regardless of whether financial assistance under subsection
(a) continues to be available; and
``(B) the members of the consortium demonstrate to the
satisfaction of the Secretary a commitment to continue such
activities, regardless of whether such assistance continues
to be available.
``(2) Matching funds.--
``(A) With respect to the costs of the activities to be
carried out under subsection (a) by an applicant, the
Secretary may make an award under such subsection only if the
applicant agrees to make available in cash (directly or
through donations from public or private entities) non-
Federal contributions toward such costs in an amount that,
for any fourth or subsequent fiscal year for which the
applicant receives such an award, is not less than 50 percent
of such costs.
``(B) Amounts provided by the Federal Government may not be
included in determining the amount of non-Federal
contributions required in subparagraph (A).
``(C) The Secretary may not require non-Federal
contributions for the first three fiscal years for which an
applicant receives a grant under subsection (a).
``(d) Preference in Making Awards.--
``(1) In general.--
``(A) In making awards under subsection (a), the Secretary
shall, subject to paragraph (3), give preference to any
applicant that, for the purpose described in subparagraph
(B), has made an arrangement with not less than one entity
from each of the following categories of entities: Community-
based organizations, elementary schools, secondary schools,
institutions of higher education, and health professions
schools.
``(B) The purpose of arrangements under subparagraph (A) is
to establish a program for individuals identified under
subsection (a) under which--
``(i) the activities described in such subsection are
carried out on behalf of the individuals; and
``(ii) health professions schools make a commitment to
admit as students of the schools such individuals who
participate in the program, subject to the individuals
meeting reasonable academic standards for admission to the
schools.
``(2) Additional preferences.--Of the applicants under
subsection (a) that are receiving preference for purposes of
paragraph (1), the Secretary shall, subject to paragraph (3),
give additional preference to applicants whose consortium
under subsection (b) includes as members one or more health
professions schools that have not previously received any
award under this section (including this section as in effect
prior to fiscal year 1995).
``(3) Limitation.--An applicant may not receive preference
for purposes of paragraph (1) or (2) unless the consortium
under subsection (b) includes not less than one health
professions school that has demonstrated success in enrolling
students from disadvantaged backgrounds.
``(e) Objectives Under Awards.--
``(1) Establishment of objectives.--Before making a first
award to an applicant under subsection (a), the Secretary
shall establish objectives regarding the activities to be
carried out under the award, which objectives are applicable
until the next fiscal year for which such award is made after
a competitive process of review. In making an award after
such a review, the Secretary shall establish additional
objectives for the applicant.
``(2) Precondition for subsequent awards.--In the case of
an applicant seeking an award under subsection (a) pursuant
to a competitive process of review, the Secretary may make
the award only if the applicant demonstrates to the
satisfaction of the Secretary that the applicant has met the
objectives that were applicable under paragraph (1) to the
preceding awards under such subsection.
``(f) Funding.--
``(1) Authorization of appropriations.--For the purpose of
carrying out this section and section 736, there are
authorized to be appropriated $33,000,000 for fiscal year
1995, $37,000,000 for fiscal year 1996, and $40,000,000 for
fiscal year 1997.
``(2) Allocations.--Of the amounts appropriated under
paragraph (1) for a fiscal year, the Secretary shall obligate
amounts as follows:
``(A) For carrying out subsection (a)(6), not less than 20
percent.
``(B) For providing scholarships under section 736, an
amount equal to the amount provided for such purpose under
this section for fiscal year 1994, plus an amount for
offsetting the effects of inflation occurring after October
1, 1994.''.
(b) Transitional and Savings Provisions.--
(1) In general.--During the period specified in paragraph
(2)--
(A) the amendment made by subsection (a) does not apply to
any entity that received a grant for fiscal year 1994 under
section 740 of the Public Health Service Act; and
(B) such a grant to the entity for fiscal year 1995 or
subsequent fiscal years shall be made and expended in
accordance with the provisions of such section as in effect
on the day before the date of the enactment of this Act.
(2) Relevant period.--In the case of an entity that
received a grant for fiscal year 1994 under section 740 of
the Public Health Service Act, the period referred to in
paragraph (1) is the period that, in first approving the
grant, the Secretary specified as the duration of the grant.
SEC. 306. STUDENT LOANS REGARDING SCHOOLS OF NURSING.
Section 836(b) of the Public Health Service Act (42 U.S.C.
297b(b)) is amended--
(1) in paragraph (1), by striking the period at the end and
inserting a semicolon;
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``and'' at the end;
and
(B) by inserting before the semicolon at the end the
following: ``, and (C) such additional periods under the
terms of paragraph (8) of this subsection'';
(3) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following paragraph:
``(8) pursuant to uniform criteria established by the
Secretary, the repayment period established under paragraph
(2) for any student borrower who during the repayment period
failed to make consecutive payments and who, during the last
12 months of the repayment period, has made at least 12
consecutive payments may be extended for a period not to
exceed 10 years.''.
SEC. 307. FEDERALLY-SUPPORTED STUDENT LOAN FUNDS.
(a) Authorization of Appropriations Regarding Certain
Medical Schools.--
(1) In general.--Subpart II of part A of title VII of the
Public Health Service Act (42 U.S.C. 292q et seq.) is
amended--
(A) by transferring subsection (f) of section 735 from the
current placement of the subsection;
(B) by adding the subsection at the end of section 723;
(C) by redesignating the subsection as subsection (e); and
(D) in subsection (e)(1) of section 723 (as so
redesignated), by striking ``1996'' and inserting ``1997''.
(2) Conforming amendments.--Section 723 of the Public
Health Service Act (42 U.S.C.
[[Page 2428]]
292s), as amended by paragraph (1) of this subsection, is
amended in subsection (e)(2)(A)--
(A) by striking ``section 723(b)(2)'' and inserting
``subsection (b)(2)''; and
(B) by striking ``such section'' and inserting ``such
subsection''.
(b) Authorization of Appropriations Regarding Individuals
From Disadvantaged Backgrounds.--Section 724(f)(1) of the
Public Health Service Act (42 U.S.C. 292t(f)(1)) is amended
to read as follows:
``(1) In general.--With respect to making Federal capital
contributions to student loan funds for purposes of
subsection (a), other than the student loan fund of any
school of medicine or osteopathic medicine, there is
authorized to be appropriated $8,000,000 for each of the
fiscal years 1995 through 1997.''.
SEC. 308. AREA HEALTH EDUCATION CENTERS.
(a) Requirements for Centers.--Section 746(d)(2)(D) of the
Public Health Service Act (42 U.S.C. 293j(d)(2)(D)) is
amended by inserting ``and minority health'' after ``disease
prevention''.
(b) Funding.--Section 746(i)(2)(C) of the Public Health
Service Act (42 U.S.C. 293j(i)(2)(C)) is amended in the
second sentence by inserting before the period the following:
``(except that in the case of fiscal year 1995, amounts
appropriated in excess of the amount appropriated for fiscal
year 1994 shall be obligated for carrying out subsection
(a)(1) in rural States without an area health education
center program)''.
TITLE IV--RESEARCH
SEC. 401. OFFICE OF RESEARCH ON MINORITY HEALTH.
Section 404 of the Public Health Service Act (42 U.S.C.
283(b)) is amended by adding at the end the following
subsections:
``(c) Plan.--The Director of the Office, in consultation
with the advisory committee established under subsection (d),
shall develop and implement a plan for carrying out the
duties established in subsection (b). The Director shall
review the plan not less than annually, and revise the plan
as appropriate.
``(d) Equity Regarding Various Groups.--The Director of the
Office shall ensure that activities under subsection (b)
equitably address all racial and ethnic minority groups.
``(e) Advisory Committee.--
``(1) Establishment.--In carrying out subsection (b), the
Secretary shall establish an advisory committee to be known
as the Advisory Committee on Research on Minority Health (in
this subsection referred to as the `Advisory Committee').
``(2) Composition.--
``(A) Voting and nonvoting members.--The Advisory Committee
shall be composed of voting members appointed in accordance
with subparagraph (B) and the ex officio nonvoting members
described in subparagraph (C).
``(B) Voting members.--The Advisory Committee shall include
12 voting members who are not officers or employees of the
Federal Government. The Director of the Office shall appoint
such members to the Advisory Committee from among physicians,
practitioners, scientists, consumers and other health
professionals, whose clinical practices, research
specialization, or professional expertise includes a
significant focus on research on minority health or on the
barriers that minorities must overcome to participate in
clinical trials. The racial and ethnic minority groups shall
be equally represented among such members.
``(C) Ex officio nonvoting members.--The Deputy Assistant
Secretary for Minority Health and the Directors of each of
the national research entities shall serve as ex officio
nonvoting members of the Advisory Committee (except that any
of such Directors may designate an official of the institute
involved to serve as such member of the Committee in lieu of
the Director).
``(3) Chair.--The Director of the Office shall serve as the
chair of the Advisory Committee.
``(4) Duties.--The Advisory Committee shall--
``(A) advise the Director of the Office on appropriate
research activities to be undertaken by the national research
institutes with respect to--
``(i) research on minority health;
``(ii) research on racial and ethnic differences in
clinical drug trials, including responses to pharmacological
drugs;
``(iii) research on racial and ethnic differences in
disease etiology, course, and treatment; and
``(iv) research on minority health conditions which require
a multidisciplinary approach;
``(B) report to the Director of the Office on such
research;
``(C) provide recommendations to such Director regarding
activities of the Office (including recommendations on
priorities in carrying out research described in subparagraph
(A)); and
``(D) assist in monitoring compliance with section 492B
regarding the inclusion of minorities in clinical research.
``(5) Biennial report.--
``(A) Preparation.--The Advisory Committee shall prepare a
biennial report describing the activities of the Committee,
including findings made by the Committee regarding--
``(i) compliance with section 492B;
``(ii) the extent of expenditures made for research on
minority health by the agencies of the National Institutes of
Health; and
``(iii) the level of funding needed for such research.
``(B) Submission.--The report required in subparagraph (A)
shall be submitted to the Director of the National Institutes
of Health for inclusion in the report required in section
403.
``(f) Representatives of Minorities Among Researchers.--The
Secretary, acting through the Assistant Secretary for
Personnel Administration and in collaboration with the
Director of the Office, shall determine the extent to which
minorities are represented among senior physicians and
scientists of the national research institutes and among
physicians and scientists conducting research with funds
provided by such institutes, and as appropriate, carry out
activities to increase the extent of such representation.
``(g) Requirement Regarding Grants and Contracts.--Any
award of a grant, cooperative agreement, or contract that the
Director of the Office is authorized to make shall be made
only on a competitive basis.
``(h) Definitions.--For purposes of this part:
``(1) The term `minority health conditions', with respect
to individuals who are members of minority groups, means all
diseases, disorders, and conditions (including with respect
to mental health)--
``(A) unique to, more serious, or more prevalent in such
individuals;
``(B) for which the factors of medical risk or types of
medical intervention are different for such individuals, or
for which it is unknown whether such factors or types are
different for such individuals; or
``(C) with respect to which there has been insufficient
research involving such individuals as subjects or
insufficient data on such individuals.
``(2) The term `research on minority health' means research
on minority health conditions, including research on
preventing such conditions.
``(3) The term `racial and ethnic minority group' has the
meaning given such term in section 1707(g).''.
SEC. 402. ACTIVITIES OF AGENCY FOR HEALTH CARE POLICY AND
RESEARCH.
Title IX of the Public Health Service Act (42 U.S.C. 299 et
seq.) is amended--
(1) in section 902, by amending subsection (b) to read as
follows:
``(b) Requirements With Respect to Certain Populations.--In
carrying out subsection (a), the Administrator shall
undertake and support research, demonstration projects, and
evaluations with respect to the health status of, and the
delivery of health care to--
``(1) the populations of medically underserved urban or
rural areas (including frontier areas); and
``(2) low-income groups, racial and ethnic minority groups,
and the elderly.''; and
(2) in section 926(a), by adding at the end the following
sentence: ``Of the amounts appropriated under the preceding
sentence for a fiscal year, the Administrator shall reserve
not less than 8 percent for carrying out section
902(b)(2).''.
SEC. 403. DATA COLLECTION BY NATIONAL CENTER FOR HEALTH
STATISTICS.
Section 306(n) of the Public Health Service Act (42 U.S.C.
242k(n)), as redesignated by section 501(a)(5)(B) of Public
Law 103-183 (107 Stat. 2237), is amended to read as follows:
``(n)(1) For health statistical and epidemiological
activities undertaken or supported under this section, there
are authorized to be appropriated such sums as may be
necessary for each of the fiscal years 1995 through 1998.
``(2) Of the amounts appropriated under paragraph (1) for a
fiscal year, the Secretary shall obligate not less than an
aggregate $5,000,000 for carrying out subsections (h), (l),
and (m) with respect to particular racial and ethnic
population groups.''.
TITLE V--NATIVE HAWAIIAN HEALTH CARE
SEC. 501. CLARIFICATION OF 1992 AMENDMENTS.
(a) Clarification of Date of Passage.--Section 9168 of the
Department of Defense Appropriations Act, 1993 (106 Stat.
1948) is amended by striking ``September 12, 1992,'' and
inserting ``August 7, 1992,''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as of October 6, 1992.
SEC. 502. AMENDMENT OF NATIVE HAWAIIAN HEALTH CARE
IMPROVEMENT ACT TO REFLECT 1992 AGREEMENT.
Effective on the date of enactment of this Act, the Native
Hawaiian Health Care Improvement Act (42 U.S.C. 11701 et
seq.) is amended to read as follows:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Native Hawaiian Health Care
Improvement Act'.
``SEC. 2. FINDINGS; DECLARATION OF POLICY; INTENT OF
CONGRESS.
``(a) Findings.--The Congress finds that--
``(1) the United States retains the legal responsibility to
enforce the administration of the public trust responsibility
of the State of Hawaii for the betterment of the conditions
of Native Hawaiians under section 5(f) of Public Law 86-3 (73
Stat. 6; commonly referred to as the `Hawaii Statehood
Admissions Act');
``(2) in furtherance of the State of Hawaii's public trust
responsibility for the betterment of the conditions of Native
Hawaiians, contributions by the United States to the
provision of comprehensive health promotion and disease
prevention services to maintain and improve the health status
of Native Hawaiians are consistent with the historical and
unique legal relationship of the United States with the
government that represented the indigenous native people of
Hawaii; and
[[Page 2429]]
``(3) it is the policy of the United States to raise the
health status of Native Hawaiians to the highest possible
level and to encourage the maximum participation of Native
Hawaiians in order to achieve this objective.
``(b) Declaration of Policy.--The Congress hereby declares
that it is the policy of the United States in fulfillment of
its special responsibilities and legal obligations to the
indigenous people of Hawaii resulting from the unique and
historical relationship between the United States and the
Government of the indigenous people of Hawaii--
``(1) to raise the health status of Native Hawaiians to the
highest possible health level; and
``(2) to provide existing Native Hawaiian health care
programs with all resources necessary to effectuate this
policy.
``(c) Intent of Congress.--It is the intent of the Congress
that the Nation meet the following health objectives with
respect to Native Hawaiians by the year 2000:
``(1) Reduce coronary heart disease deaths to no more than
100 per 100,000.
``(2) Reduce stroke deaths to no more than 20 per 100,000.
``(3) Increase control of high blood pressure to at least
50 percent of people with high blood pressure.
``(4) Reduce blood cholesterol to an average of no more
than 200 mg/dl.
``(5) Slow the rise in lung cancer deaths to achieve a rate
of no more than 42 per 100,000.
``(6) Reduce breast cancer deaths to no more than 20.6 per
100,000 women.
``(7) Increase Pap tests every 1 to 3 years to at least 85
percent of women age 18 and older.
``(8) Increase fecal occult blood testing every 1 to 2
years to at least 50 percent of people age 50 and older.
``(9) Reduce diabetes-related deaths to no more than 34 per
100,000.
``(10) Reduce the most severe complications of diabetes as
follows:
``(A) End-stage renal disease to no more than 1.4 in 1,000.
``(B) Blindness to no more than 1.4 in 1,000.
``(C) Lower extremity amputation to no more than 4.9 in
1,000.
``(D) Perinatal mortality to no more than 2 percent.
``(E) Major congenital malformations to no more than 4
percent.
``(11) Reduce infant mortality to no more than 7 deaths per
1,000 live births.
``(12) Reduce low birth weight to no more than 5 percent of
live births.
``(13) Increase first trimester prenatal care to at least
90 percent of live births.
``(14) Reduce teenage pregnancies to no more than 50 per
1,000 girls age 17 and younger.
``(15) Reduce unintended pregnancies to no more than 30
percent of pregnancies.
``(16) Increase to at least 60 percent the proportion of
primary care providers who provide age-appropriate
preconception care and counseling.
``(17) Increase years of healthy life to at least 65 years.
``(18) Eliminate financial barriers to clinical preventive
services.
``(19) Increase childhood immunization levels to at least
90 percent of 2-year-olds.
``(20) Reduce the prevalence of dental caries to no more
than 35 percent of children by age 8.
``(21) Reduce untreated dental caries so that the
proportion of children with untreated caries (in permanent or
primary teeth) is no more than 20 percent among children age
6 through 8 and no more than 15 percent among adolescents age
15.
``(22) Reduce edentulism to no more than 20 percent in
people age 65 and older.
``(23) Increase moderate daily physical activity to at
least 30 percent of the population.
``(24) Reduce sedentary lifestyles to no more than 15
percent of the population.
``(25) Reduce overweight to a prevalence of no more than 20
percent of the population.
``(26) Reduce dietary fat intake to an average of 30
percent of calories or less.
``(27) Increase to at least 75 percent the proportion of
primary care providers who provide nutrition assessment and
counseling or referral to qualified nutritionists or
dieticians.
``(28) Reduce cigarette smoking prevalence to no more than
15 percent of adults.
``(29) Reduce initiation of smoking to no more than 15
percent by age 20.
``(30) Reduce alcohol-related motor vehicle crash deaths to
no more than 8.5 per 100,000 adjusted for age.
``(31) Reduce alcohol use by school children age 12 to 17
to less than 13 percent.
``(32) Reduce marijuana use by youth age 18 to 25 to less
than 8 percent.
``(33) Reduce cocaine use by youth age 18 to 25 to less
than 3 percent.
``(34) Confine HIV infection to no more than 800 per
100,000.
``(35) Reduce gonorrhea infections to no more than 225 per
100,000.
``(36) Reduce syphilis infections to no more that 10 per
100,000.
``(37) Reduce significant hearing impairment to a
prevalance of no more than 82 per 1,000.
``(38) Reduce acute middle ear infections among children
age 4 and younger, as measured by days of restricted activity
or school absenteeism, to no more than 105 days per 100
children.
``(39) Reduce indigenous cases of vaccine-preventable
diseases as follows:
``(A) Diphtheria among individuals age 25 and younger to 0.
``(B) Tetanus among individuals age 25 and younger to 0.
``(C) Polio (wild-type virus) to 0.
``(D) Measles to 0.
``(E) Rubella to 0.
``(F) Congenital Rubella Syndrome to 0.
``(G) Mumps to 500.
``(H) Pertussis to 1,000.
``(40) Reduce significant visual impairment to a prevalence
of no more than 30 per 1,000.
``(d) Report.--The Secretary shall submit to the President,
for inclusion in each report required to be transmitted to
the Congress under section 9, a report on the progress made
toward meeting each of the objectives described in subsection
(c).
``SEC. 3. COMPREHENSIVE HEALTH CARE MASTER PLAN FOR NATIVE
HAWAIIANS.
``The Secretary may make a grant to, or enter into a
contract with, Papa Ola Lokahi for the purpose of
coordinating, implementing, and updating a Native Hawaiian
comprehensive health care master plan designed to promote
comprehensive health promotion and disease prevention
services and to maintain and improve the health status of
Native Hawaiians. The master plan shall be based upon an
assessment of the health care status and health care needs of
Native Hawaiians. To the extent practicable, assessments made
as of the date of such grant or contract shall be used by
Papa Ola Lokahi, except that any such assessment shall be
updated as appropriate.
``SEC. 4. NATIVE HAWAIIAN HEALTH CARE SYSTEMS.
``(a) Comprehensive Health Promotion, Disease Prevention,
and Primary Health Services.--(1)(A) The Secretary, in
consultation with Papa Ola Lokahi, may make grants to, or
enter into contracts with, any qualified entity for the
purpose of providing comprehensive health promotion and
disease prevention services as well as primary health
services to Native Hawaiians.
``(B) In making grants and entering into contracts under
this paragraph, the Secretary shall give preference to Native
Hawaiian health care systems and Native Hawaiian
organizations, and, to the extent feasible, health promotion
and disease prevention services shall be performed through
Native Hawaiian health care systems.
``(2) In addition to paragraph (1), the Secretary may make
a grant to, or enter into a contract with, Papa Ola Lokahi
for the purpose of planning Native Hawaiian health care
systems to serve the health needs of Native Hawaiian
communities on the islands of O'ahu, Moloka'i, Maui, Hawai'i,
Lana'i, Kaua'i, and Ni'ihau in the State of Hawaii.
``(b) Qualified Entity.--An entity is a qualified entity
for purposes of subsection (a)(1) if the entity is a Native
Hawaiian health care system.
``(c) Services To Be Provided.--(1) Each recipient of funds
under subsection (a)(1) shall provide the following services:
``(A) Outreach services to inform Native Hawaiians of the
availability of health services.
``(B) Education in health promotion and disease prevention
of the Native Hawaiian population by (wherever possible)
Native Hawaiian health care practitioners, community outreach
workers, counselors, and cultural educators.
``(C) Services of physicians, physicians' assistants, or
nurse practitioners.
``(D) Immunizations.
``(E) Prevention and control of diabetes, high blood
pressure, and otitis media.
``(F) Pregnancy and infant care.
``(G) Improvement of nutrition.
``(2) In addition to the mandatory services under paragraph
(1), the following services may be provided pursuant to
subsection (a)(1):
``(A) Identification, treatment, control, and reduction of
the incidence of preventable illnesses and conditions endemic
to Native Hawaiians.
``(B) Collection of data related to the prevention of
diseases and illnesses among Native Hawaiians.
``(C) Services within the meaning of the terms `health
promotion', `disease prevention', and `primary health
services', as such terms are defined in section 10, which are
not specifically referred to in paragraph (1) of this
subsection.
``(3) The health care services referred to in paragraphs
(1) and (2) which are provided under grants or contracts
under subsection (a)(1) may be provided by traditional Native
Hawaiian healers.
``(d) Limitation on Number of Entities.--During a fiscal
year, the Secretary under this Act may make a grant to, or
hold a contract with, not more than 5 Native Hawaiian health
care systems.
``(e) Matching Funds.--(1) The Secretary may not make a
grant or provide funds pursuant to a contract under
subsection (a)(1) to an entity--
``(A) in an amount exceeding 75 percent of the costs of
providing health services under the grant or contract; and
``(B) unless the entity agrees that the entity will make
available, directly or through donations to the entity, non-
Federal contributions toward such costs in an amount equal to
not less than $1 (in cash or in kind under paragraph (2)) for
each $3 of Federal funds provided in such grant or contract.
``(2) Non-Federal contributions required in paragraph (1)
may be in cash or in kind, fairly evaluated, including plant,
equipment, or services. Amounts provided by the Federal
Government or services assisted or subsidized to any
significant extent by the Federal Government may not be
included in de-
[[Page 2430]]
termining the amount of such non-Federal contributions.
``(3) The Secretary may waive the requirement established
in paragraph (1) if--
``(A) the entity involved is a nonprofit private entity
described in subsection (b); and
``(B) the Secretary, in consultation with Papa Ola Lokahi,
determines that it is not feasible for the entity to comply
with such requirement.
``(f) Restriction on Use of Grant and Contract Funds.--The
Secretary may not make a grant to, or enter into a contract
with, an entity under subsection (a)(1) unless the entity
agrees that amounts received pursuant to such subsection will
not, directly or through contract, be expended--
``(1) for any purpose other than the purposes described in
subsection (c);
``(2) to provide inpatient services;
``(3) to make cash payments to intended recipients of
health services; or
``(4) to purchase or improve real property (other than
minor remodeling of existing improvements to real property)
or to purchase major medical equipment.
``(g) Limitation on Charges for Services.--The Secretary
may not make a grant, or enter into a contract with, an
entity under subsection (a)(1) unless the entity agrees that,
whether health services are provided directly or through
contract--
``(1) health services under the grant or contract will be
provided without regard to ability to pay for the health
services; and
``(2) the entity will impose a charge for the delivery of
health services, and such charge--
``(A) will be made according to a schedule of charges that
is made available to the public, and
``(B) will be adjusted to reflect the income of the
individual involved.
``SEC. 5. FUNCTIONS OF, AND GRANTS TO, PAPA OLA LOKAHI.
``(a) Functions.--Papa Ola Lokahi shall--
``(1) coordinate, implement, and update, as appropriate,
the comprehensive health care master plan developed pursuant
to section 3;
``(2) to the maximum extent possible, coordinate and assist
the health care programs and services provided to Native
Hawaiians;
``(3) provide for the training of the persons described in
section 4(c)(1)(B);
``(4) develop an action plan outlining the contributions
that each member organization of Papa Ola Lokahi will make in
carrying out this Act;
``(5) serve as a clearinghouse for--
``(A) the collection and maintenance of data associated
with the health status of Native Hawaiians;
``(B) the identification of and research into diseases
affecting Native Hawaiians;
``(C) the availability of Native Hawaiian project funds,
research projects, and publications; and
``(D) the timely dissemination of information relating to
Native Hawaiian health care systems;
``(6) perform the recognition and certification functions
specified in sections 10(6)(F) and 10(6)(G); and
``(7) provide technical support and coordination of
training and technical assistance to Native Hawaiian health
care systems.
``(b) Special Project Funds.--Papa Ola Lokahi may receive
project funds that may be appropriated for the purpose of
research on the health status of Native Hawaiians or for the
purpose of addressing the health care needs of Native
Hawaiians.
``(c) Grants.--In addition to any other grant or contract
under this Act, the Secretary may make grants to, or enter
into contracts with, Papa Ola Lokahi for--
``(1) carrying out the functions described in subsection
(a); and
``(2) administering any special project funds received
under the authority of subsection (b).
``(d) Relationships With Other Agencies.--Papa Ola Lokahi
may enter into agreements or memoranda of understanding with
relevant agencies or organizations that are capable of
providing resources or services to Native Hawaiian health
care systems.
``SEC. 6. ADMINISTRATION OF GRANTS AND CONTRACTS.
``(a) Terms and Conditions.--The Secretary shall include in
any grant made or contract entered into under this Act such
terms and conditions as the Secretary considers necessary or
appropriate to ensure that the objectives of such grant or
contract are achieved.
``(b) Periodic Review.--The Secretary shall periodically
evaluate the performance of, and compliance with, grants and
contracts under this Act.
``(c) Administrative Requirements.--The Secretary may not
make a grant or enter into a contract under this Act with an
entity unless the entity--
``(1) agrees to establish such procedures for fiscal
control and fund accounting as may be necessary to ensure
proper disbursement and accounting with respect to the grant
or contract;
``(2) agrees to ensure the confidentiality of records
maintained on individuals receiving health services under the
grant or contract;
``(3) with respect to providing health services to any
population of Native Hawaiians a substantial portion of which
has a limited ability to speak the English language--
``(A) has developed and has the ability to carry out a
reasonable plan to provide health services under the grant or
contract through individuals who are able to communicate with
the population involved in the language and cultural context
that is most appropriate; and
``(B) has designated at least one individual, fluent in
both English and the appropriate language, to assist in
carrying out the plan;
``(4) with respect to health services that are covered in
the plan of the State of Hawaii approved under title XIX of
the Social Security Act--
``(A) if the entity will provide under the grant or
contract any such health services directly--
``(i) the entity has entered into a participation agreement
under such plan; and
``(ii) the entity is qualified to receive payments under
such plan; and
``(B) if the entity will provide under the grant or
contract any such health services through a contract with an
organization--
``(i) the organization has entered into a participation
agreement under such plan; and
``(ii) the organization is qualified to receive payments
under such plan; and
``(5) agrees to submit to the Secretary and to Papa Ola
Lokahi an annual report that describes the utilization and
costs of health services provided under the grant or contract
(including the average cost of health services per user) and
that provides such other information as the Secretary
determines to be appropriate.
``(d) Contract Evaluation.--(1) If, as a result of
evaluations conducted by the Secretary, the Secretary
determines that an entity has not complied with or
satisfactorily performed a contract entered into under
section 4, the Secretary shall, prior to renewing such
contract, attempt to resolve the areas of noncompliance or
unsatisfactory performance and modify such contract to
prevent future occurrences of such noncompliance or
unsatisfactory performance. If the Secretary determines that
such noncompliance or unsatisfactory performance cannot be
resolved and prevented in the future, the Secretary shall not
renew such contract with such entity and is authorized to
enter into a contract under section 4 with another entity
referred to in section 4(b) that provides services to the
same population of Native Hawaiians which is served by the
entity whose contract is not renewed by reason of this
subsection.
``(2) In determining whether to renew a contract entered
into with an entity under this Act, the Secretary shall
consider the results of evaluation under this section.
``(3) All contracts entered into by the Secretary under
this Act shall be in accordance with all Federal contracting
laws and regulations except that, in the discretion of the
Secretary, such contracts may be negotiated without
advertising and may be exempted from the provisions of the
Act of August 24, 1935 (40 U.S.C. 270a et seq.).
``(4) Payments made under any contract entered into under
this Act may be made in advance, by means of reimbursement,
or in installments and shall be made on such conditions as
the Secretary deems necessary to carry out the purposes of
this Act.
``(e) Limitation on Use of Funds for Administrative
Expenses.--Except for grants and contracts under section
5(c), the Secretary may not make a grant to, or enter into a
contract with, an entity under this Act unless the entity
agrees that the entity will not expend more than 10 percent
of amounts received pursuant to this Act for the purpose of
administering the grant or contract.
``(f) Report.--(1) For each fiscal year during which an
entity receives or expends funds pursuant to a grant or
contract under this Act, such entity shall submit to the
Secretary and to Papa Ola Lokahi a quarterly report on--
``(A) activities conducted by the entity under the grant or
contract;
``(B) the amounts and purposes for which Federal funds were
expended; and
``(C) such other information as the Secretary may request.
``(2) The reports and records of any entity which concern
any grant or contract under this Act shall be subject to
audit by the Secretary, the Inspector General of Health and
Human Services, and the Comptroller General of the United
States.
``(g) Annual Private Audit.--The Secretary shall allow as a
cost of any grant made or contract entered into under this
Act the cost of an annual private audit conducted by a
certified public accountant.
``SEC. 7. ASSIGNMENT OF PERSONNEL.
``(a) In General.--The Secretary is authorized to enter
into an agreement with any entity under which the Secretary
is authorized to assign personnel of the Department of Health
and Human Services with expertise identified by such entity
to such entity on detail for the purposes of providing
comprehensive health promotion and disease prevention
services to Native Hawaiians.
``(b) Applicable Federal Personnel Provisions.--Any
assignment of personnel made by the Secretary under any
agreement entered into under the authority of subsection (a)
shall be treated as an assignment of Federal personnel to a
local government that is made in accordance with subchapter
VI of chapter 33 of title 5, United States Code.
``SEC. 8. NATIVE HAWAIIAN HEALTH SCHOLARSHIPS.
``(a) Eligibility.--The Secretary is authorized to make
scholarship grants to students who--
``(1) meet the requirements of section 338A(b) of the
Public Health Service Act (42 U.S.C. 254l(b)); and
``(2) are Native Hawaiians.
``(b) Terms and Conditions.--(1) Scholarship grants
provided under subsection (a)
[[Page 2431]]
shall be provided under the same terms and subject to the
same conditions, regulations, and rules that apply to
scholarship grants provided under section 338A of the Public
Health Service Act (42 U.S.C. 254l), except that--
``(A) the provision of scholarships in each type of health
care profession training shall correspond to the need for
each type of health care professional to serve Native
Hawaiian health care systems, as identified by Papa Ola
Lokahi;
``(B) in selecting scholarship recipients, the Secretary
shall give priority to individuals included on a list of
eligible applicants submitted by the Kamehameha Schools/
Bishop Estate; and
``(C) the obligated service requirement for each
scholarship recipient shall be fulfilled through service, in
order of priority, in--
``(i) any one of the five Native Hawaiian health care
systems which, during the fiscal year in which the obligated
service requirement is assigned, has received a grant or
entered into a contract pursuant to section 4; or
``(ii) health professions shortage areas, medically
underserved areas, or geographic areas or facilities
similarly designated by the United States Public Health
Service in the State of Hawaii.
``(2) The Secretary shall enter into a cooperative
agreement with the Kamehameha Schools/Bishop Estate under
which such organization shall provide recruitment, retention,
counseling, and other support services intended to improve
the operation of the scholarship program established under
this section.
``(3) The Native Hawaiian Health Scholarship program shall
not be administered by or through the Indian Health Service.
``SEC. 9. REPORT.
``The President shall, at the time the budget is submitted
under section 1105 of title 31, United States Code, for each
fiscal year transmit to the Congress the report required
pursuant to section 2(d).
``SEC. 10. DEFINITIONS.
``For purposes of this Act:
``(1) Disease prevention.--The term `disease prevention'
includes--
``(A) immunizations,
``(B) control of high blood pressure,
``(C) control of sexually transmittable diseases,
``(D) prevention and control of diabetes,
``(E) control of toxic agents,
``(F) occupational safety and health,
``(G) accident prevention,
``(H) fluoridation of water,
``(I) control of infectious agents, and
``(J) provision of mental health care.
``(2) Health promotion.--The term `health promotion'
includes--
``(A) pregnancy and infant care, including prevention of
fetal alcohol syndrome,
``(B) cessation of tobacco smoking,
``(C) reduction in the misuse of alcohol and drugs,
``(D) improvement of nutrition,
``(E) improvement in physical fitness,
``(F) family planning, and
``(G) control of stress.
``(3) Native hawaiian.--The term `Native Hawaiian' means
any individual who is--
``(A) a citizen of the United States; and
``(B) a descendant of the aboriginal people, who prior to
1778, occupied and exercised sovereignty in the area that now
constitutes the State of Hawaii, as evidenced by--
``(i) genealogical records;
``(ii) Kupuna (elders) or Kama'aina (long-term community
residents) verification; or
``(iii) birth records of the State of Hawaii.
``(4) Native hawaiian health center.--The term `Native
Hawaiian health center' means an entity--
``(A) which is organized under the laws of the State of
Hawaii,
``(B) which provides or arranges for health care services
through practitioners licensed by the State of Hawaii, where
licensure requirements are applicable,
``(C) which is a public or nonprofit private entity, and
``(D) in which Native Hawaiian health practitioners
significantly participate in the planning, management,
monitoring, and evaluation of health services.
``(5) Native hawaiian organization.--The term `Native
Hawaiian organization' means any organization--
``(A) which serves the interests of Native Hawaiians,
``(B) which is--
``(i) recognized by Papa Ola Lokahi for the purpose of
planning, conducting, or administering programs (or portions
of programs) authorized under this Act for the benefit of
Native Hawaiians, and
``(ii) certified by Papa Ola Lokahi as having the
qualifications and capacity to provide the services, and meet
the requirements, under the contract the organization enters
into with, or grant the organization receives from, the
Secretary under this Act,
``(C) in which Native Hawaiian health practitioners
significantly participate in the planning, management,
monitoring, and evaluation of health services, and
``(D) which is a public or nonprofit private entity.
``(6) Native hawaiian health care system.--The term `Native
Hawaiian health care system' means an entity--
``(A) which is organized under the laws of the State of
Hawaii;
``(B) which provides or arranges for health care services
through practitioners licensed by the State of Hawaii, where
licensure requirements are applicable;
``(C) which is a public or nonprofit private entity;
``(D) in which Native Hawaiian health practitioners
significantly participate in the planning, management,
monitoring, and evaluation of health care services;
``(E) which may be composed of as many Native Hawaiian
health centers as necessary to meet the health care needs of
Native Hawaiians residing on the island or islands served by
such entity;
``(F) which is recognized by Papa Ola Lokahi for the
purpose of providing comprehensive health promotion and
disease prevention services as well as primary health
services to Native Hawaiians under this Act; and
``(G) which is certified by Papa Ola Lokahi as having the
qualifications and the capacity to provide the services and
meet the requirements of a contract entered into, or a grant
received, under section 4.
``(7) Papa ola lokahi.--(A) Subject to subparagraph (B),
the term `Papa Ola Lokahi' means an organization composed
of--
``(i) E Ola Mau;
``(ii) the Office of Hawaiian Affairs of the State of
Hawaii;
``(iii) Alu Like Inc.;
``(iv) the University of Hawaii;
``(v) the Office of Hawaiian Health of the Hawaii State
Department of Health;
``(vi) Ho'ola Lahui Hawaii, or a health care system serving
the islands of Kaua'i and Ni'ihau;
``(vii) Ke Ola Mamo, or a health care system serving the
island of O'ahu;
``(viii) Na Pu'uwai or a health care system serving the
islands of Moloka'i and Lana'i;
``(ix) Hui No Ke Ola Pono, or a health care system serving
the island of Maui;
``(x) Hui Malama Ola Ha'Oiwi or a health care system
serving the island of Hawaii; and
``(xi) such other member organizations as the Board of Papa
Ola Lokahi may admit from time to time, based upon
satisfactory demonstration of a record of contribution to the
health and well-being of Native Hawaiians, and upon
satisfactory development of a mission statement in relation
to this Act, including clearly defined goals and objectives,
a 5-year action plan outlining the contributions that each
organization will make in carrying out the policy of this
Act, and an estimated budget.
``(B) Such term does not include any organization
identified in subparagraph (A) if the Secretary determines
that such organization does not have a mission statement with
clearly defined goals and objectives for the contributions
the organization will make to Native Hawaiian health care
systems and an action plan for carrying out such goals and
objectives.
``(8) Primary health services.--The term `primary health
services' means--
``(A) services of physicians, physicians' assistants and
nurse practitioners;
``(B) diagnostic laboratory and radiologic services;
``(C) preventive health services (including children's eye
and ear examinations to determine the need for vision and
hearing correction, perinatal services, well child services,
and family planning services);
``(D) emergency medical services;
``(E) transportation services as required for adequate
patient care;
``(F) preventive dental services; and
``(G) pharmaceutical services, as may be appropriate for
particular health centers.
``(9) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services.
``(10) Traditional native hawaiian healer.--The term
`traditional Native Hawaiian healer' means a practitioner--
``(A) who--
``(i) is of Hawaiian ancestry, and
``(ii) has the knowledge, skills, and experience in direct
personal health care of individuals, and
``(B) whose knowledge, skills, and experience are based on
a demonstrated learning of Native Hawaiian healing practices
acquired by--
``(i) direct practical association with Native Hawaiian
elders, and
``(ii) oral traditions transmitted from generation to
generation.
``SEC. 11. RULE OF CONSTRUCTION.
``Nothing in this Act shall be construed to restrict the
authority of the State of Hawaii to license health
practitioners.
``SEC. 12. COMPLIANCE WITH BUDGET ACT.
``Any new spending authority (described in subsection
(c)(2) (A) or (B) of section 401 of the Congressional Budget
Act of 1974) which is provided under this Act shall be
effective for any fiscal year only to such extent or in such
amounts as are provided in appropriation Acts.
``SEC. 13. SEVERABILITY.
``If any provision of this Act, or the application of any
such provision to any person or circumstances is held to be
invalid, the remainder of this Act, and the application of
such provision or amendment to persons or circumstances other
than those to which it is held invalid, shall not be affected
thereby.
``SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated for each of the
fiscal years 1995, 1996, 1997, 1998, 1999, and 2000 such sums
as may be necessary to carry out the purposes of this Act.
``SEC. 15. PROHIBITION AGAINST EXCLUSION FROM PARTICIPATION.
``Notwithstanding any other provision of this Act, no
person shall, on the basis of race, color, or national
origin, be excluded from participation in, or be denied the
benefits of, or be subjected to discrimination
[[Page 2432]]
under, any program or activity receiving Federal financial
assistance under this Act.''.
SEC. 503. REPEAL OF PUBLIC HEALTH SERVICE ACT PROVISION.
(a) In General.--The Public Health Service Act (42 U.S.C.
201 et seq.), as amended by section 206 of this Act, is
amended by repealing section 338K and redesignating section
338L as section 338K. Such repeal shall not be construed to
terminate contracts in effect under such section on the date
of the enactment of this Act. Any such contracts shall
continue according to the terms and conditions of such
contracts.
(b) Effective Date.--Subsection (a) takes effect on the
date of the enactment of this Act.
TITLE VI--WOMEN'S HEALTH
SEC. 601. ESTABLISHMENT OF OFFICE OF WOMEN'S HEALTH.
Title XVII of the Public Health Service Act (42 U.S.C. 300u
et seq.), as amended by section 704 of Public Law 103-183
(107 Stat. 2240), is amended by adding at the end the
following section:
``office of women's health
``Sec. 1710. (a) In General.--There is established an
Office of Women's Health within the Office of the Assistant
Secretary for Health. There shall be in the Department of
Health and Human Services a Deputy Assistant Secretary for
Women's Health, who shall be the head of the Office of
Women's Health. The Secretary, acting through such Deputy
Assistant Secretary, shall carry out this section.
``(b) Duties.--
``(1) In general.--The Secretary may conduct or support
programs and activities regarding women's health conditions.
In carrying out the preceding sentence, the Secretary shall--
``(A) monitor the programs and activities of the agencies
specified in paragraph (2) in order to determine the extent
to which the purposes of the programs and activities are
being carried out with respect to women's health conditions
(as defined in section 486);
``(B) provide advice to the heads of such agencies on
improving programs and activities that relate to such
conditions; and
``(C) coordinate such programs and activities of the
agencies.
``(2) Specified agencies.--For purposes of paragraph (1),
the agencies referred to in this paragraph are the following:
``(A) The Centers for Disease Control and Prevention.
``(B) The National Institutes of Health.
``(C) The Agency for Health Care Policy and Research.
``(D) The Health Resources and Services Administration.
``(E) The Substance Abuse and Mental Health Services
Administration.
``(F) The Food and Drug Administration.
``(c) Authorization of Appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated $5,000,000 for fiscal year 1995, and such sums
as may be necessary for each of the fiscal years 1996 and
1997.''.
SEC. 602. WOMEN'S SCIENTIFIC EMPLOYMENT REGARDING NATIONAL
INSTITUTES OF HEALTH.
(a) In General.--Part A of title IV of the Public Health
Service Act (42 U.S.C. 281 et seq.) is amended by adding at
the end the following section:
``women's scientific employment
``Sec. 404F. (a) In General.--The Director of NIH shall--
``(1) establish policies for the National Institutes of
Health on matters relating to the employment by such
Institutes of women as scientists;
``(2) monitor the extent of compliance with such policies,
including through the implementation of an accountability
system under the Federal Equal Opportunity Recruitment
Program; and
``(3) establish and maintain a process for responding to
incidents of noncompliance with such policies.
``(b) Certain Policies.--In establishing policies under
subsection (a)(1), the Director of NIH shall provide for the
following policies regarding the employment of women as
scientists at the National Institutes of Health:
``(1) A policy on the granting of tenured status.
``(2) A policy on family leave.
``(3) A policy on the recruitment of minority women.
``(4) A policy on the inclusion of women scientists in
intramural and extramural conferences, workshops,
international congresses, and similar events funded or
sponsored by such Institutes.
``(c) Availability of Policies.--The Director of NIH shall
ensure that copies of policies established under subsection
(a) are available to scientists of the National Institutes of
Health.
``(d) Definition.--For purposes of this section, the term
`Federal Equal Opportunity Recruitment Program' means the
program carried out under part 720 of title 5, Code of
Federal Regulations (5 CFR 720).''.
(b) Studies.--
(1) Pay equity.--The Director of the National Institutes of
Health shall provide for a study to identify any pay
differences among men and women scientists employed (both
tenured and untenured) by the National Institutes of Health.
The study shall include recommendations on measures to adjust
any inequities, and on making available information on salary
ranges to all scientists of such Institutes.
(2) Study on termination of employment.--The Comptroller
General of the United States shall conduct a study for the
purpose of determining the reasons underlying the employment
termination of scientists of the National Institutes of
Health. The study shall be carried out with respect to male
and female scientists, and with respect to voluntary and
involuntary terminations.
(3) Reports.--Not later than 240 days after the date of the
enactment of this Act, the studies required in this
subsection shall be completed, and reports describing the
findings and recommendations of the studies shall be
submitted to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Labor and Human
Resources of the Senate.
SEC. 603. INFORMATION AND EDUCATION REGARDING FEMALE GENITAL
MUTILATION.
(a) In General.--The Secretary of Health and Human Services
shall ensure that the Deputy Assistant Secretary for Women's
Health and the Deputy Assistant Secretary for Minority Health
collaborate for the purpose of carrying out the following
activities:
(1) Compile data on the number of females living in the
United States who have been subjected to female genital
mutilation (whether in the United States or in their
countries of origin), including a specification of the number
of girls under the age of 18 who have been subjected to such
mutilation.
(2) Identify communities in the United States that practice
female genital mutilation, and design and carry out outreach
activities to educate individuals in the communities on the
physical and psychological health effects of such practice.
Such outreach activities shall be designed and implemented in
collaboration with representatives of the ethnic groups
practicing such mutilation and with representatives of
organiza-
tions with expertise in preventing such practice.
(3) Develop recommendations for the education of students
of schools of medicine and osteopathic medicine regarding
female genital mutilation and complications arising from such
mutilation. Such recommendations shall be disseminated to
such schools.
(b) Definition.--For purposes of this section, the term
``female genital mutilation'' means the removal or
infibulation (or both) of the whole or part of the clitoris,
the labia minor, or the labia major.
SEC. 604. STUDY REGARDING CURRICULA OF MEDICAL SCHOOLS AND
WOMEN'S HEALTH CONDITIONS.
(a) In General.--The Secretary of Health and Human
Services, acting through the Administrator of the Health
Resources and Services Administration, shall conduct a study
for the purpose of determining the contents of the curriculum
of schools of medicine and osteopathic medicine and whether
such curriculum provides adequate education to students on
women's health conditions.
(b) Consultations.--The Secretary shall carry out
subsection (a) in consultation with the Deputy Assistant
Secretary for Women's Health and the Director of the Office
of Research on Women's Health (of the National Institutes of
Health).
(c) Report.--Not later than April 1, 1995, the Secretary
shall complete the study required in subsection (a) and
submit to the Committee on Energy and Commerce of the House
of Representatives, and to the Committee on Labor and Human
Resources of the Senate, a report describing the findings
made as a result of the study and containing any
recommendations of the Secretary regarding such findings.
(d) Definitions.--For purposes of this section:
(1) The term ``Secretary'' means the Secretary of Health
and Human Services.
(2) The term ``women's health conditions'' has the meaning
given such term in section 486 of the Public Health Service
Act.
TITLE VII--TRAUMATIC BRAIN INJURY
SEC. 701. PROGRAMS OF CENTERS FOR DISEASE CONTROL AND
PREVENTION.
(a) In General.--Part B of Title III of the Public Health
Service Act (42 U.S.C. 243 et seq.), As Amended by Section
209 of This Act, Is Amended by Inserting After Section 317G
the Following Section:
``prevention of traumatic brain injury
``Sec. 317H. (a) The Secretary, acting through the Director
of the Centers for Disease Control and Prevention, may carry
out projects to reduce the incidence of traumatic brain
injury. Such projects may be carried out by the Secretary
directly or through awards of grants or contracts to public
or nonprofit private entities. The Secretary may directly or
through such awards provide technical assistance with respect
to the planning, development, and operation of such projects.
``(b) Certain Activities.--Activities under subsection (a)
may include--
``(1) the conduct of research into identifying effective
strategies for the prevention of traumatic brain injury; and
``(2) the implementation of public information and
education programs for the prevention of such injury and for
broadening the awareness of the public concerning the public
health consequences of such injury.
``(c) Coordination of Activities.--The Secretary shall
ensure that activities under this section are coordinated as
appropriate with other agencies of the Public Health Service
that carry out activities regarding traumatic brain injury.
``(d) Definition.--For purposes of this section, the term
`traumatic brain injury'
[[Page 2433]]
means an acquired injury to the brain. Such term does not
include brain dysfunction caused by congenital or
degenerative disorders, nor birth trauma, but may include
brain injuries caused by anoxia due to near drowning.''.
SEC. 702. PROGRAMS OF NATIONAL INSTITUTES OF HEALTH.
Section 1261 of the Public Health Service Act (42 U.S.C.
300d-61) is amended--
(1) in subsection (d)--
(A) in paragraph (2), by striking ``and'' after the
semicolon at the end;
(B) in paragraph (3), by striking the period and inserting
``; and''; and
(C) by adding at the end the following paragraph:
``(4) the authority to make awards of grants or contracts
to public or nonprofit private entities for the conduct of
basic and applied research regarding traumatic brain injury,
which research may include--
``(A) the development of new methods and modalities for the
more effective diagnosis, measurement of degree of injury,
post-injury monitoring and prognostic assessment of head
injury for acute, subacute and later phases of care;
``(B) the development, modification and evaluation of
therapies that retard, prevent or reverse brain damage after
acute head injury, that arrest further deterioration
following injury and that provide the restitution of function
for individuals with long-term injuries;
``(C) the development of research on a continuum of care
from acute care through rehabilitation, designed, to the
extent practicable, to integrate rehabilitation and long-term
outcome evaluation with acute care research; and
``(D) the development of programs that increase the
participation of academic centers of excellence in head
injury treatment and rehabilitation research and training.'';
and
(2) in subsection (h), by adding at the end the following
paragraph:
``(4) The term `traumatic brain injury' means an acquired
injury to the brain. Such term does not include brain
dysfunction caused by congenital or degenerative disorders,
nor birth trauma, but may include brain injuries caused by
anoxia due to near drowning.''.
SEC. 703. PROGRAMS OF HEALTH RESOURCES AND SERVICES
ADMINISTRATION.
Part E of title XII of the Public Health Service Act (42
U.S.C. 300d-51 et seq.) is amended by adding at the end the
following section:
``SEC. 1252. STATE GRANTS FOR DEMONSTRATION PROJECTS
REGARDING TRAUMATIC BRAIN INJURY.
``(a) In General.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration, may make grants to States for the purpose of
carrying out demonstration projects to improve the
availability of health services regarding traumatic brain
injury.
``(b) State Advisory Board.--
``(1) In general.--The Secretary may make a grant under
subsection (a) only if the State involved agrees to establish
an advisory board within the appropriate health department of
the State or within another department as designated by the
chief executive officer of the State.
``(2) Functions.--An advisory board established under
paragraph (1) shall be cognizant of findings and concerns of
Federal, State and local agencies, citizens groups, and
private industry (such as insurance, health care, automobile,
and other industry entities). Such advisory boards shall
encourage citizen participation through the establishment of
public hearings and other types of community outreach
programs.
``(3) Composition.--An advisory board established under
paragraph (1) shall be composed of--
``(A) representatives of--
``(i) the corresponding State agencies involved;
``(ii) public and nonprofit private health related
organizations;
``(iii) other disability advisory or planning groups within
the State;
``(iv) members of an organization or foundation
representing traumatic brain injury survivors in that State;
and
``(v) injury control programs at the State or local level
if such programs exist; and
``(B) a substantial number of individuals who are survivors
of traumatic brain injury, or the family members of such
individuals.
``(c) Matching Funds.--
``(1) In general.--With respect to the costs to be incurred
by a State in carrying out the purpose described in
subsection (a), the Secretary may make a grant under such
subsection only if the State agrees to make available, in
cash, non-Federal contributions toward such costs in an
amount that is not less than $1 for each $2 of Federal funds
provided under the grant.
``(2) Determination of amount contributed.--In determining
the amount of non-Federal contributions in cash that a State
has provided pursuant to paragraph (1), the Secretary may not
include any amounts provided to the State by the Federal
Government.
``(d) Application for Grant.--The Secretary may make a
grant under subsection (a) only if an application for the
grant is submitted to the Secretary and the application is in
such form, is made in such manner, and contains such
agreements, assurances, and information as the Secretary
determines to be necessary to carry out this section.
``(e) Coordination of Activities.--The Secretary shall
ensure that activities under this section are coordinated as
appropriate with other agencies of the Public Health Service
that carry out activities regarding traumatic brain injury.
``(f) Report.--Not later than 2 years after the effective
date under section 901 of the Minority Health Improvement Act
of 1994, the Secretary shall submit to the Committee on
Energy and Commerce of the House of Representatives, and to
the Committee on Labor and Human Resources of the Senate, a
report describing the findings and results of the programs
established under this section, including measures of
outcomes and consumer and surrogate satisfaction.
``(g) Definition.--For purposes of this section, the term
`traumatic brain injury' means an acquired injury to the
brain. Such term does not include brain dysfunction caused by
congenital or degenerative disorders, nor birth trauma, but
may include brain injuries caused by anoxia due to near
drowning.
``(h) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section,
$5,000,000 for fiscal year 1995, and such sums as may be
necessary for each of the fiscal years 1996 and 1997.''.
SEC. 704. STUDY; CONSENSUS CONFERENCE.
(a) Study.--
(1) In general.--The Secretary of Health and Human Services
(in this section referred to as the ``Secretary''), acting
through the appropriate agencies of the Public Health
Service, shall conduct a study for the purpose of carrying
out the following with respect to traumatic brain injury:
(A) In collaboration with appropriate State and local
health-related agencies--
(i) determine the incidence and prevalence of traumatic
brain injury; and
(ii) develop a uniform reporting system under which States
report incidence of traumatic brain injury, if the Secretary
determines that such a system is appropriate.
(B) Identify common therapeutic interventions which are
used for the rehabilitation of individuals with such
injuries, and shall, subject to the availability of
information, include an analysis of--
(i) the effectiveness of each such intervention in
improving the functioning of individuals with brain injuries;
(ii) the comparative effectiveness of interventions
employed in the course of rehabilitation of individuals with
brain injuries to achieve the same or similar clinical
outcome; and
(iii) the adequacy of existing measures of outcomes and
knowledge of factors influencing differential outcomes.
(C) Develop practice guidelines for the rehabilitation of
traumatic brain injury at such time as appropriate scientific
research becomes available.
(2) Dates certain for reports.--
(A) Not later than 18 months after the effective date under
section 901, the Secretary shall submit to the Committee on
Energy and Commerce of the House of Representatives, and to
the Committee on Labor and Human Resources of the Senate, a
report describing the findings made as a result of carrying
out paragraph (1)(A).
(B) Not later than 3 years after the effective date under
section 901, the Secretary shall submit to the Committees
specified in subparagraph (A) a report describing the
findings made as a result of carrying out subparagraphs (B)
and (C) of paragraph (1).
(b) Consensus Conference.--The Secretary, acting through
the Director of the National Center for Medical
Rehabilitation Research within the National Institute for
Child Health and Human Development, shall conduct a national
consensus conference on managing traumatic brain injury and
related rehabilitation concerns.
(c) Definition.--For purposes of this section, the term
``traumatic brain injury'' means an acquired injury to the
brain. Such term does not include brain dysfunction caused by
congenital or degenerative disorders, nor birth trauma, but
may include brain injuries caused by anoxia due to near
drowning.
TITLE VIII--MISCELLANEOUS PROVISIONS
SEC. 801. TECHNICAL AMENDMENT TO INDIAN HEALTH CARE
IMPROVEMENT ACT.
The last sentence of section 818(e)(3) of the Indian Health
Care Improvement Act (25 U.S.C. 1680h(e)(3)) is amended--
(1) by striking ``services,'' and inserting ``services'';
and
(2) by striking ``, shall be recoverable.'' and inserting a
period.
SEC. 802. HEALTH SERVICES FOR PACIFIC ISLANDERS.
Section 10 of the Disadvantaged Minority Health Improvement
Act of 1990 (42 U.S.C. 254c-1) is amended--
(1) in subsection (b)--
(A) in paragraph (2)--
(i) by inserting ``, substance abuse'' after ``availability
of health''; and
(ii) by striking ``, including improved health data
systems'';
(B) in paragraph (3)--
(i) by striking ``manpower'' and inserting ``care
providers''; and
(ii) by striking ``by--'' and all that follows through the
end thereof and inserting a semicolon;
(C) by striking paragraphs (5) and (6);
(D) by redesignating paragraphs (7), and (8) as paragraphs
(5) and (6), respectively;
(E) in paragraph (5) (as so redesignated), by striking
``and'' at the end thereof;
(F) in paragraph (6) (as so redesignated), by striking the
period and inserting a semicolon; and
[[Page 2434]]
(G) by inserting after paragraph (6) (as so redesignated),
the following new paragraphs:
``(7) to provide primary health care, preventive health
care, and related training to American Samoan health care
professionals; and
``(8) to improve access to health promotion and disease
prevention services for rural American Samoa.'';
(2) in subsection (f)--
(A) by striking ``there is'' and inserting ``there are'';
and
(B) by striking ``$10,000,000'' and all that follows
through ``1993'' and inserting ``$3,000,000 for fiscal year
1995, $4,000,000 for fiscal year 1996, and $5,000,000 for
fiscal year 1997''; and
(3) by adding at the end thereof the following new
subsection:
``(g) Study and Report.--
``(1) Study.--Not later than 180 days after the date of
enactment of this subsection, the Secretary, acting through
the Administrator of the Health Resources and Services
Administration, shall enter into a contract with a public or
nonprofit private entity for the conduct of a study to
determine the effectiveness of projects funded under this
section.
``(2) Report.--Not later than July 1, 1995, the Secretary
shall prepare and submit to the Committee on Labor and Human
Resources of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report describing
the findings made with respect to the study conducted under
paragraph (1).''.
SEC. 803. TECHNICAL CORRECTIONS REGARDING PUBLIC LAW 103-183.
(a) Amendatory Instructions.--Public Law 103-183 is
amended--
(1) in section 601--
(A) in subsection (b), in the matter preceding paragraph
(1), by striking ``Section 1201 of the Public Health Service
Act (42 U.S.C. 300d)'' and inserting ``Title XII of the
Public Health Service Act (42 U.S.C. 300d et seq.)''; and
(B) in subsection (f)(1), by striking ``in section
1204(c)'' and inserting ``in section 1203(c) (as redesignated
by subsection (b)(2) of this section)'';
(2) in section 602, by striking ``for the purpose'' and
inserting ``For the purpose''; and
(3) in section 705(b), by striking ``317D((l)(1)'' and
inserting ``317D(l)(1)''.
(b) Public Health Service Act.--The Public Health Service
Act, as amended by Public Law 103-183 and by subsection (a)
of this section, is amended--
(1) in section 317E(g)(2), by striking ``making grants
under subsection (b)'' and inserting ``carrying out
subsection (b)'';
(2) in section 318, in subsection (e) as in effect on the
day before the date of the enactment of Public Law 103-183,
by redesignating the subsection as subsection (f);
(3) in subpart 6 of part C of title IV--
(A) by transferring the first section 447 (added by section
302 of Public Law 103-183) from the current placement of the
section;
(B) by redesignating the section as section 447A; and
(C) by inserting the section after section 447;
(4) in section 1213(a)(8), by striking ``provides for for''
and inserting ``provides for'';
(5) in section 1501, by redesignating the second subsection
(c) (added by section 101(f) of Public Law 103-183) as
subsection (d); and
(6) in section 1505(3), by striking ``nonprofit''.
(c) Miscellaneous Correction.--Section 401(c)(3) of Public
Law 103-183 is amended in the matter preceding subparagraph
(A) by striking ``(d)(5)'' and inserting ``(e)(5)''.
(d) Effective Date.--This section is deemed to have taken
effect immediately after the enactment of Public Law 103-183.
SEC. 804. CERTAIN AUTHORITIES OF CENTERS FOR DISEASE CONTROL
AND PREVENTION.
(a) In General.--Part B of title III of the Public Health
Service Act, as amended by section 701 of this Act, is
amended by inserting after section 317H the following
section:
``miscellaneous authorities regarding centers for disease control and
prevention
``Sec. 317I. (a) Technical and Scientific Peer Review
Groups.--The Secretary, acting through the Director of the
Centers for Disease Control and Prevention, may, without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and
without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of such title relating to classification
and General Schedule pay rates, establish such technical and
scientific peer review groups and scientific program advisory
committees as are needed to carry out the functions of such
Centers and appoint and pay the members of such groups,
except that officers and employees of the United States shall
not receive additional compensation for service as members of
such groups. The Federal Advisory Committee Act shall not
apply to the duration of such peer review groups. Not more
than one-fourth of the members of any such group shall be
officers or employees of the United States.
``(b) Fellowship and Training Programs.--The Secretary,
acting through the Director of the Centers for Disease
Control and Prevention, shall establish fellowship and
training programs to be conducted by such Centers to train
individuals to develop skills in epidemiology, surveillance,
laboratory analysis, and other disease detection and
prevention methods. Such programs shall be designed to enable
health professionals and health personnel trained under such
programs to work, after receiving such training, in local,
State, national, and international efforts toward the
prevention and control of diseases, injuries, and
disabilities. Such fellowships and training may be
administered through the use of either appointment or
nonappointment procedures.''.
(b) Effective Date.--This section is deemed to have taken
effect July 1, 1994.
SEC. 805. ESTABLISHMENT OF PUBLIC HEALTH ANALYTICAL
LABORATORY.
(a) In General.--The Secretary of Health and Human
Services, acting as appropriate through the Director of the
Centers for Disease Control and Prevention or through other
agencies, may make a grant for the establishment and
operation of a laboratory to protect the public health
through analyzing human, wildlife, air, water, and soil
samples. The laboratory shall serve the region in the United
States along the international border between the United
States and Mexico, and shall be established in the United
States in close proximity to such border.
(b) Authorization of Appropriations.--For the purpose of
carrying out subsection (a), there are authorized to be
appropriated such sums as may be necessary for each of the
fiscal years 1995 through 1997.
SEC. 806. ADMINISTRATION OF CERTAIN REQUIREMENTS.
(a) In General.--Section 2004 of Public Law 103-43 (107
Stat. 209) is amended by striking subsection (a).
(b) Conforming Amendments.--Section 2004 of Public Law 103-
43, as amended by subsection (a) of this section, is
amended--
(1) by striking ``(b) Sense'' and all that follows through
``In the case'' and inserting the following:
``(a) Sense of Congress Regarding Purchase of American-Made
Equipment and Products.--In the case'';
(2) by striking ``(2) Notice to recipients of assistance''
and inserting the following:
``(b) Notice to Recipients of Assistance''; and
(3) in subsection (b), as redesignated by paragraph (2) of
this subsection, by striking ``paragraph (1)'' and inserting
``subsection (a)''.
(c) Effective Date.--This section is deemed to have taken
effect immediately after the enactment of Public Law 103-43.
SEC. 807. REVISIONS TO ELIGIBILITY REQUIREMENTS FOR ENTITIES
SUBJECT TO DRUG PRICING LIMITATIONS.
(a) Treatment of Certain Outpatient Clinics as Covered
Entities.--Section 340B(a)(4) of the Public Health Service
Act (42 U.S.C. 256b(a)(4)) is amended by adding at the end
the following subparagraph:
``(M) A diagnostic and treatment center owned and operated
by the New York City Health and Hospitals Corporation.''.
(b) Limitation on Exclusion Based on Participation in Group
Purchasing Organization.--Section 340B(a)(4)(L) of the Public
Health Service Act (42 U.S.C. 256b(a)(4)(L)) is amended--
(1) in clause (i), by striking ``under this title'' and
inserting ``under title XIX of such Act''; and
(2) in clause (iii), by inserting before the period at the
end the following: ``, other than the Health Services
Purchasing Group under the control of Los Angeles County''.
(c) Clarification of Effective Date of Exclusion Based on
Participation in Group Purchasing Organization.--The
Secretary of Health and Human Services may not find that the
hospital system for the Dallas County Hospital District of
Texas (commonly known as Parkland Memorial Hospital) fails to
meet the requirements for a covered entity under paragraph
(4)(L) of section 340B(a) of the Public Health Service Act
solely because the hospital used a group purchasing
organization or other group purchasing arrangement to obtain
a covered outpatient drug before the effective date of the
entity guidelines published by the Secretary pursuant to
section 602 of the Veterans Health Care Act of 1992 if, at
the time the hospital purchased the drug, the manufacturer of
the drug did not offer to furnish the drug to the hospital at
the price required to be paid for the drug under paragraph
(1) of such section.
(d) Effective Dates.--Subsections (a) and (b) take effect
as if included in the enactment of the Veterans Health Care
Act of 1992. Subsection (c) takes effect on the date of the
enactment of this Act.
SEC. 808. DEMONSTRATION PROJECTS REGARDING ALZHEIMER'S
DISEASE.
(a) In General.--Section 398(a) of the Public Health
Service Act (42 U.S.C. 280c-3(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``not less than 5, and not more than 15,'';
(2) in paragraph (2)--
(A) by inserting after ``disorders'' the following: ``who
are living in single family homes or in congregate
settings''; and
(B) by striking ``and'' at the end;
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2) the following:
``(3) to improve the access of such individuals to home-
based or community-based long-term care services (subject to
the services being provided by entities that were providing
such services in the State involved as of October 1, 1995),
particularly such individuals who are members of racial or
ethnic minority groups, who have limited proficiency in
speaking the English language, or who live in rural areas;
and''.
[[Page 2435]]
(b) Duration.--Section 398A of the Public Health Service
Act (42 U.S.C. 280c-4) is amended--
(1) in the heading for the section, by striking
``limitation'' and all that follows and inserting
``requirement of matching funds'';
(2) by striking subsection (a);
(3) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively;
(4) in subsection (a) (as so redesignated), in each of
paragraphs (1)(C) and (2)(C), by striking ``third year'' and
inserting ``third or subsequent year''.
(c) Authorization of Appropriations.--Section 398B(e) of
the Public Health Service Act (42 U.S.C. 280c-5(e)) is
amended by striking ``and 1993'' and inserting ``through
1998''.
SEC. 809. TECHNICAL CORRECTIONS RELATING TO HEALTH
PROFESSIONS PROGRAMS.
(a) Health Education Assistance Loan Deferment for
Borrowers Providing Health Services to Indians.--
(1) In general.--Section 705(a)(2)(C) of the Public Health
Service Act is amended by striking ``and (x)'' and inserting
``(x) not in excess of three years, during which the borrower
is providing health care services to Indians through an
Indian health program (as defined in section 108(a)(2)(A) of
the Indian Health Care Improvement Act (25 U.S.C.
1616a(a)(2)(A)); and (xi)''.
(2) Conforming amendments.--Section 705(a)(2)(C) of the
Public Health Service Act is further amended--
(A) in clause (xi) (as so redesignated) by striking
``(ix)'' and inserting ``(x)''; and
(B) in the matter following such clause (xi), by striking
``(x)'' and inserting ``(xi)''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to services provided on or after the
first day of the third month that begins after the date of
the enactment of this Act.
(b) Maximum Student Loan Provision.--
(1) In general.--Section 722(a)(1) of the Public Health
Service Act (42 U.S.C. 292r(a)(1)), as amended by section
2014(b)(1) of Public Law 103-43, is amended by striking ``the
sum of'' and all that follows through the end thereof and
inserting ``the cost of attendance (including tuition, other
reasonable educational expenses, and reasonable living costs)
for that year at the educational institution attended by the
student (as determined by such educational institution).''.
(2) Third and fourth years.--Section 722(a)(2) of the
Public Health Service Act (42 U.S.C. 292r(a)(2)), as amended
by section 2014(b)(1) of Public Law 103-43, is amended by
striking ``the amount $2,500'' and all that follows through
``including such $2,500'' and inserting ``the amount of the
loan may, in the case of the third or fourth year of a
student at school of medicine or osteopathic medicine, be
increased to the extent necessary''.
(c) Requirement for Schools.--Section 723(b)(1) of the
Public Health Service Act (42 U.S.C. 292s(b)(1)), as amended
by section 2014(c)(2)(A)(ii) of Public Law 103-43 (107 Stat.
216), is amended by striking ``3 years before'' and inserting
``4 years before''.
(d) Service Requirement for Primary Care Loan Borrowers.--
Section 723(a) of the Public Health Service Act (42 U.S.C.
292s(a)) is amended in subparagraph (B) of paragraph (1), by
striking ``through the date on which the loan is repaid in
full'' and inserting ``for 5 years after completing the
residency program''.
(e) Preference and Required Information in Certain
Programs.--
(1) Title vii.--Section 791 of the Public Health Service
Act (42 U.S.C. 295j) is amended by adding at the end thereof
the following subsection:
``(d) Exceptions.--
``(1) In general.--To permit new programs to compete
equitably for funding under this section, those new programs
that meet the criteria described in paragraph (3) shall
qualify for a funding preference under this section.
``(2) Definition.--As used in this subsection, the term
`new program' means any program that has graduated less than
three classes. Upon graduating at least three classes, a
program shall have the capability to provide the information
necessary to qualify the program for the general funding
preferences described in subsection (a).
``(3) Criteria.--The criteria referred to in paragraph (1)
are the following:
``(A) The mission statement of the program identifies a
specific purpose of the program as being the preparation of
health professionals to serve underserved populations.
``(B) The curriculum of the program includes content which
will help to prepare practitioners to serve underserved
populations.
``(C) Substantial clinical training experience is required
under the program in medically underserved communities.
``(D) A minimum of 20 percent of the faculty of the program
spend at least 50 percent of their time providing or
supervising care in medically underserved communities.
``(E) The entire program or a substantial portion of the
program is physically located in a medically underserved
community.
``(F) Student assistance, which is linked to service in
medically underserved communities following graduation, is
available to the students in the program.
``(G) The program provides a placement mechanism for
deploying graduates to medically underserved communities.''.
(2) Title viii.--Section 860 of the Public Health Service
Act (42 U.S.C. 298b-7) is amended by adding at the end
thereof the following subsection:
``(f) Exceptions.--
``(1) In general.--To permit new programs to compete
equitably for funding under this section, those new programs
that meet the criteria described in paragraph (3) shall
qualify for a funding preference under this section.
``(2) Definition.--As used in this subsection, the term
`new program' means any program that has graduated less than
three classes. Upon graduating at least three classes, a
program shall have the capability to provide the information
necessary to qualify the program for the general funding
preferences described in subsection (a).
``(3) Criteria.--The criteria referred to in paragraph (1)
are the following:
``(A) The mission statement of the program identifies a
specific purpose of the program as being the preparation of
health professionals to serve underserved populations.
``(B) The curriculum of the program includes content which
will help to prepare practitioners to serve underserved
populations.
``(C) Substantial clinical training experience is required
under the program in medically underserved communities.
``(D) A minimum of 20 percent of the faculty of the program
spend at least 50 percent of their time providing or
supervising care in medically underserved communities.
``(E) The entire program or a substantial portion of the
program is physically located in a medically underserved
community.
``(F) Student assistance, which is linked to service in
medically underserved communities following graduation, is
available to the students in the program.
``(G) The program provides a placement mechanism for
deploying graduates to medically underserved communities.''.
(f) Definitions.--Section 799(6) of the Public Health
Service Act (42 U.S.C. 295p(6)) is amended--
(1) in subparagraph (B) by striking ``; or'' at the end
thereof;
(2) in subparagraph (C) by striking the period and
inserting a semicolon; and
(3) by adding at the end thereof the following:
``(D) ambulatory practice sites designated by State
Governors as shortage areas or medically underserved
communities for purposes of State scholarships or loan
repayment or related programs; or
``(E) practices or facilities in which not less than 50
percent of the patients are recipients of aid under title XIX
of the Social Security Act or eligible and uninsured.''.
(g) Recovery.--Part G of title VII of the Public Health
Service Act (42 U.S.C. 295j et seq.), as amended by section
301(b)(1) of this Act, is amended by inserting after section
794 the following section:
``SEC. 795. RECOVERY.
``(a) In General.--If at any time within 20 years (or
within such shorter period as the Secretary may prescribe by
regulation for an interim facility) after the completion of
construction of a facility with respect to which funds have
been paid under section 720(a) (as such section existed one
day prior to the date of enactment of the Health Professions
Education Extension Amendments of 1992 (Public Law 102-408)--
``(1)(A) in case of a facility which was an affiliated
hospital or outpatient facility with respect to which funds
have been paid under such section 720(a)(1), the owner of the
facility ceases to be a public or other nonprofit agency that
would have been qualified to file an application under
section 605;
``(B) in case of a facility which was not an affiliated
hospital or outpatient facility but was a facility with
respect to which funds have been paid under paragraph (1) or
(3) of such section 720(a), the owner of the facility ceases
to be a public or nonprofit school, or
``(C) in case of a facility which was a facility with
respect to which funds have been paid under such section
720(a)(2), the owner of the facility ceases to be a public or
nonprofit entity,
``(2) the facility ceases to be used for the teaching or
training purposes (or other purposes permitted under section
722 (as such section existed one day prior to the date of
enactment of the Health Professions Education Extension
Amendments of 1992 (Public Law 102-408)) for which it was
constructed, or
``(3) the facility is used for sectarian instruction or as
a place for religious worship,
the United States shall be entitled to recover from the owner
of the facility the base amount prescribed by subsection
(c)(1) plus the interest (if any) prescribed by subsection
(c)(2).
``(b) Notice.--The owner of a facility which ceases to be a
public or nonprofit agency, school, or entity as described in
subparagraph (A), (B), or (C) of subsection (a)(1), as the
case may be, or the owner of a facility the use of which
changes as described in paragraph (2) or (3) of subsection
(a), shall provide the Secretary written notice of such
cessation or change of use within 10 days after the date on
which such cessation or change of use occurs or within 30
days after the date of enactment of this subsection,
whichever is later.
``(c) Amount.--
``(1) Base amount.--The base amount that the United States
is entitled to recover under subsection (a) is the amount
bearing the same ratio to the then value (as determined by
the agreement of the parties or in an action brought in the
district court of the United States for the district in which
the facility is situated) of the facility as the amount of
the Federal participation bore to the cost of construction.
[[Page 2436]]
``(2) Interest.--
``(A) In general.--The interest that the United States is
entitled to recover under subsection (a) is the interest for
the period (if any) described in subparagraph (B) at a rate
(determined by the Secretary) based on the average of the
bond equivalent rates of ninety-one-day Treasury bills
auctioned during that period.
``(B) Period.--The period referred to in subparagraph (A)
is the period beginning--
``(i) if notice is provided as prescribed by subsection
(b), 191 days after the date on which the owner of the
facility ceases to be a public or nonprofit agency, school,
or entity as described in subparagraph (A), (B), or (C) of
subsection (a)(1), as the case may be, or 191 days after the
date on which the use of the facility changes as described in
paragraph (2) or (3) of subsection (a), or
``(ii) if notice is not provided as prescribed by
subsection (b), 11 days after the date on which such
cessation or change of use occurs,
and ending on the date the amount the United States is
entitled to recover is collected.
``(d) Waiver.--The Secretary may waive the recovery rights
of the United States under subsection (a)(2) with respect to
a facility (under such conditions as the Secretary may
establish by regulation) if the Secretary determines that
there is good cause for waiving such rights.
``(e) Lien.--The right of recovery of the United States
under subsection (a) shall not, prior to judgment, constitute
a lien on any facility.''.
SEC. 810. CLINICAL TRAINEESHIPS.
Section 303(d)(1) of the Public Health Service Act (42
U.S.C. 242a(d)(1)) is amended by inserting ``counseling''
after ``family therapy,''.
SEC. 811. CONSTRUCTION OF REGIONAL CENTERS FOR RESEARCH ON
PRIMATES.
Section 481B(a) of the Public Health Service Act (42 U.S.C.
287a-3(a)) is amended by striking ``$5,000,000'' and
inserting ``$2,500,000''.
TITLE IX--GENERAL PROVISIONS
SEC. 901. EFFECTIVE DATE.
Except as otherwise provided in this Act, this Act takes
effect upon the date of the enactment of this Act.
And the House agree to the same.
That the Senate recede from its disagreement to the
amendment of the House to the title of the bill and agree to
the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the House
amendment, insert the following: ``An Act to amend the Public
Health Service Act to revise and extend programs relating to
the health of individuals who are members of racial and
ethnic minority groups, and for other purposes.''.
And the House agree to the same.
John D. Dingell,
Henry A. Waxman,
Bill Richardson,
Edolphus Towns,
Craig A. Washington,
Carlos J. Moorhead,
Tom Bliley,
Mike Bilirakis,
Sam Gibbons,
Harold Ford,
Managers on the Part of the House.
From the Committee on Ways and Means, for consideration of
titles VI and VII of the Senate bill, and modifications
committed to conference:
Edward M. Kennedy,
Howard M. Metzenbaum,
Paul Simon,
Nancy Landon Kassebaum,
Orrin G. Hatch,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
By unanimous consent, the previous question was ordered on the
conference report to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. GONZALEZ, announced that the yeas had it.
Mr. WAXMAN demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
394
<3-line {>
affirmative
Nays
5
Para. 122.25 [Roll No. 504]
YEAS--394
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Fish
Flake
Ford (MI)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rostenkowski
Roth
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Stark
Stearns
Stokes
Strickland
Stupak
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Towns
Traficant
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--5
Burton
Duncan
Hancock
Johnson, Sam
Stump
NOT VOTING--35
Applegate
Barton
Bateman
Bentley
Bilirakis
Brewster
DeLay
Foglietta
Ford (TN)
Gallo
Grandy
Houghton
Inhofe
Istook
Laughlin
Lehman
Levy
Lewis (FL)
McCurdy
McMillan
Payne (VA)
Pickle
Porter
Ravenel
Roukema
Slattery
Slaughter
Spratt
Stenholm
Studds
Sundquist
Torricelli
Tucker
Washington
Whitten
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 122.26 nationality and naturalization amendments
On motion of Mr. BROOKS, by unanimous consent, the bill (H.R. 783) to
amend title III of the Immigration and Nationality Act to make changes
in
[[Page 2437]]
the laws relating to nationality and naturalization; together with the
following amendments of the Senate to the amendment of the House to the
amendment of the Senate thereto, was taken from the Speaker's table:
Page 36, after line 19 of the House engrossed amendment,
insert:
SEC. 220. WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT
WITH RESPECT TO INTERNATIONAL MEDICAL
GRADUATES.
(a) Waiver.--Section 212(e) of the Immigration and
Nationality Act (8 U.S.C. 1182(e)) is amended--
(1) in the first proviso by inserting ``(or, in the case of
an alien described in clause (iii), pursuant to the request
of a State Department of Public Health, or its equivalent
after ``interested United States Government agency''; and
(2) by inserting after ``public interest'' the following:
``except that in the case of a waiver requested by a State
Department of Public Health, or its equivalent the waiver
shall be subject to the requirements of section 214(k)''.
(b) Restrictions on Waiver.--Section 214 of such Act (8
U.S.C. 1184) is amended by adding at the end the following:
``(k)(1) In the case of a request by an interested State
agency for a waiver of the two-year foreign residence
requirement under section 212(e) with respect to an alien
described in clause (iii) of that section, the Attorney
General shall not grant such waiver unless--
``(A) in the case of an alien who is otherwise
contractually obligated to return to a foreign country, the
government of such country furnishes the Director of the
United States Information Agency with a statement in writing
that it has no objection to such waiver;
``(B) the alien demonstrates a bona fide offer of full-time
employment at a health facility and agrees to begin
employment at such facility within 90 days of receiving such
waiver and agrees to continue to work in accordance with
paragraph (2) at the health care facility in which the alien
is employed for a total of not less than 3 years (unless the
Attorney General determines that extenuating circumstances
such as the closure of the facility or hardship to the alien
would justify a lesser period of time);
``(C) the alien agrees to practice medicine in accordance
with paragraph (2) for a total of not less than 3 years only
in the geographic area or areas which are designated by the
Secretary of Health and Human Services as having a shortage
of health care professionals; and
``(D) the grant of such waiver would not cause the number
of waivers allotted for that State for that fiscal year to
exceed twenty.
``(2) (1) Not withstanding section 248(2), the Attorney
General may change the status of an alien that qualifies
under this subsection and section 212(e) to that of an alien
described in section 101(a)(15)(H)(i)(b).
``(B) No person who has obtained a change of status under
subparagraph (A) and who has failed to fulfill the terms of a
contract with a health facility shall be eligible to apply
for an immigrant visa, for permanent residence, or for any
other change of nonimmigrant status until it is established
that such person has reside and been physically present in
the country of his nationality or his last residence for an
aggregate of at least two years following departure from the
United States.
``(3) Notwithstanding any other provision of this
subsection, the two-year foreign residence requirement under
section 212(e) shall apply with respect to an alien described
in clause (iii) of that section, who has not otherwise been
accorded status under section 101(a)(27)(H), if at any time
the alien practices medicine in an area other than an area
described in paragraph (1)(C).''.
(c) Effective Date.--The amendments made by this section
shall apply to aliens admitted to the United States under
section 101(a)(15)(J) of the Immigration and Nationality Act,
or acquiring such status after admission to the United States
before, on, or after the date of enactment of this Act and
before June 1, 1996.
Page 36, after line 19 of the House engrossed amendment,
insert:
SEC. 221. VISAS FOR OFFICIALS OF TAIWAN.
Whenever the president of Taiwan or any other high-level
official of Taiwan shall apply to visit the United States for
the purposes of discussions with United States federal or
state government officials concerning:
(i) Trade or business with Taiwan that will reduce the
U.S.-Taiwan trade deficit;
(ii) Prevention of nuclear proliferation;
(iii) Threats to the national security of the United
States;
(iv) The protection of the global environment;
(v) The protection of endangered species; or
(iv) Regional humanitarian disasters.
The official shall be admitted to the United States, unless
the official is otherwise excludable under the immigration
laws of the United States.
Page 36, after line 19 of the House engrossed amendment,
insert;
SEC. 222. EXPANSION OF DEFINITION OF AGGRAVATED FELONY.
(a) Expansion of Definition.--Section 101(a)(43) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is
amended to read as follows:
``(43) The term `aggravated felony' means--
``(A) murder;
``(B) illicit trafficking in a controlled substance (as
defined in section 102 of the Controlled Substances Act),
including a drug trafficking crime (as defined in section
924(c) of title 18, United States Code);
``(C) illicit trafficking in firearms or destructive
devices (as defined in section 921 of title 18, United States
Code) or in explosive material (as defined in section 841(c)
of that title);
``(D) an offense described in section 1956 of title 18,
United States Code (relating to laundering of monetary
instruments) or section 1957 of that title (relating to
engaging in monetary transactions in property derived from
specific unlawful activity) if the amount of the funds exceed
$100,000;
``(E) an offense described in--
``(i) section 842 (h) or (i) of title 18, United States
Code, or section 844 (d), (e), (f), (g), (h), or (i) of that
title (relating to explosive materials offenses);
``(ii) section 922(g) (1), (2), (3), (4), or (5), (j), (n),
(o), (p), or (r) or 924 (b) of (h) of title 18, United States
Code (relating to firearms offenses); or
``(iii) section 5861 of the Internal Revenue Code of 1986
(relating to firearms offenses);
``(F) a crime of violence (as defined in section 16 of
title 18, United States Code, but not including a purely
political offense) for which the term of imprisonment imposed
(regardless of any suspension of imprisonment) is at least 5
years;
``(G) a theft offense (including receipt of stolen
property) or burglary offense for which the term of
imprisonment imposed (regardless of any suspension of such
imprisonment) is at least 5 years;
``(H) an offense described in section 875, 876, 877, or
1202 of title 18, United States Code (relating to the demand
for or receipt of ransom);
``(I) an offense described in section 2251, 2251A, or 2252
of title 18, United States Code (relating to child
pornography);
``(J) an offense described in section 1962 of title 18,
United States Code (relating to racketeer influence corrupt
organizations) for which a sentence of 5 years' imprisonment
or more may be imposed;
``(K) an offense that--
``(i) relates to the owning, controlling, managing, or
supervising of a prostitution business; or
``(ii) is described in section 1581, 1582, 1583, 1584,
1585, or 1588, of title 18, United States Code (relating to
peonage, slavery, and involuntary servitude);
``(L) an offense described in--
``(i) section 793 (relating to gathering or transmitting
national defense information), 798 (relating to disclosure of
classified information), 2153 (relating to sabotage) or 2381
or 2382 (relating to treason) of title 18, United States
Code; or
``(ii) section 601 of the National Security Act of 1947 (50
U.S.C. 421) (relating to protecting the identity of
undercover intelligence agents);
``(M) an offense that--
``(i) involves fraud or deceit in which the loss to the
victim or victims exceeds $200,000; or
``(ii) is described in section 7201 of the Internal Revenue
Code of 1986 (relating to tax evasion) in which the revenue
loss to the Government exceeds $200,000;
``(N) an offense described in section 274(a)(1) of title
18, United States Code (relating to alien smuggling) for the
purpose of commercial advantage;
``(O) an offense described in section 1546(a) of title 18,
United States Code (relating to document fraud) which
constitutes trafficking in the documents described in such
section for which the term of imprisonment imposed
(regardless of any suspension of such imprisonment) is at
least 5 years;
``(P) an offense relating to a failure to appear by a
defendant for service of sentence if the underlying offense
is punishable by imprisonment for a term of 15 years or more;
and
``(Q) an attempt or conspiracy to commit an offense
described in this paragraph.
The term applies to an offense described in this paragraph
whether in violation of Federal or State law and applies to
such an offense in violation of the law of a foreign country
for which the term of imprisonment was completed within the
previous 15 years.''.
(b) Effective Date.--The amendments made by this section
shall apply to convictions entered on or after the date of
enactment of this Act.
SEC. --. SUMMARY DEPORTATION.
(a) Expedited Procedures.--Section 242A of the Immigration
and Nationality Act (8 U.S.C. 1252a) is amended--
(1) in subsection (b)(4)(D), by striking ``the
determination of deportability is supported by clear,
convincing, and unequivocal evidence and''; and
(2) in subsection (b)(4)(E), by striking ``entered'' and
inserting ``adjudicated''.
(b) Technical Correction.--Section 106(d)(1)(D) of the
Immigration and Nationality Act (8 U.S.C. 1105a) is amended
by striking ``242A(b)(5)'' and inserting ``242A(b)(4)''.
SEC. --. JUDICIAL DEPORTATION.
(a) Judicial Deportation.--Section 242A of the Immigration
and Nationality Act (8 U.S.C. 1252a) is amended by adding at
the end the following new subsection:
``(d) Judicial Deportation.--
``(1) Authority.--Notwithstanding any other provision of
this Act, a United States district court shall have
jurisdiction to enter a judicial order of deportation at the
time of
[[Page 2438]]
sentencing against an alien whose criminal conviction causes
such alien to be deportable under section 241(a)(2)(A), if
such an order has been requested by the United States
Attorney with the concurrence of the Commissioner and if the
court chooses to exercise such jurisdiction.
``(2) Procedure.--
``(A) The United States Attorney shall file with the United
States District court, and serve upon the defendant and the
Service, prior to commencement of the trial or entry of a
guilty plea a notice of intent to request judicial
deportation.
``(B) Notwithstanding section 242B, the United States
Attorney, with the concurrence of the Commissioner, shall
file at least 30 days prior to the date set for sentencing a
charge containing factual allegations regarding the alienate
of the defendant and identifying the crime or crimes which
make the defendant deportable under section 241(a)(2)(A).
``(C) If the court determines that the defendant has
presented substantial evidence to establish prima facie
eligibility for relief from deportation under this Act, the
Commissioner shall provide the court with a recommendation
and report regarding the alien's eligibility for relief. The
court shall either grant or deny the relief sought.
``(D)(i) The alien shall have a reasonable opportunity to
examine the evidence against him or her, to present evidence
on his or her own behalf, and to cross-examine witnesses
presented by the Government.
``(ii) The court, for the purposes of determining whether
to enter an order described in paragraph (1), shall only
consider evidence that would be admissible in proceedings
conducted pursuant to section 242(b).
``(iii) Nothing in this subsection shall limit the
information a court of the United States may receive or
consider for the purposes of imposing an appropriate
sentence.
``(iv) The court may order the alien deported if the
Attorney General demonstrates that the alien is deportable
under this Act.
``(3) Notice, appeal, and execution of judicial order of
deportation.--
``(A)(i) A judicial order of deportation or denial of such
order may be appealed by either party to the court of appeals
for the circuit in which the district court is located.
``(ii) Except as provided in clause (iii), such appeal
shall be considered consistent with the requirements
described in section 106.
``(iii) Upon execution by the defendant of a valid waiver
of the right to appeal the conviction on which the order of
deportation is based, the expiration of the period described
in section 106(a)(1), or the final dismissal of an appeal
from such conviction, the order of deportation shall become
final and shall be executed at the end of the prison term in
accordance with the terms of the order. If the conviction is
reversed on direct appeal, the order entered pursuant to this
section shall be void.
``(B) As soon as is practicable after entry of a judicial
order of deportation, the Commissioner shall provide the
defendant with written notice of the order of deportation,
which shall designate the defendant's country of choice for
deportation and any alternate country pursuant to section
243(a).
``(4) Denial of judicial order.--Denial without a decision
on the merits of a request for a judicial order of
deportation shall not preclude the Attorney General from
initiating deportation proceedings pursuant to section 242
upon the same ground of deportability or upon any other
ground of deportability provided under section 241(a).''.
(b) Technical Amendment.--The ninth sentence of section
242(b) of the Immigration and Nationality Act (8 U.S.C.
1252(b)) is amended by striking ``The'' and inserting
``Except as provided in section 242Aj(d), the''.
(c) Effective Date.--The amendments made by this section
shall apply to all aliens whose adjudication of guilt or
guilty plea is entered in the record after the date of
enactment of this Act.
SEC. --. CONSTRUCTION OF EXPEDITED DEPORTATION REQUIREMENTS.
No amendment made by this Act and nothing in section 242(i)
of the Immigration and Nationality Act (8 U.S.C. 1252(i))
shall be construed to create any substantive or procedural
right or benefit that is legally enforceable by any party
against the United States or its agencies or officers or any
other person.
On motion of Mr. BROOKS, said Senate amendments to the House amendment
to the Senate amendment were agreed to.
A motion to reconsider the vote whereby said Senate amendments to the
House amendment to the Senate amendment were agreed to was, by unanimous
consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 122.27 civil rights commission reauthorization
On motion of Mr. BROOKS, by unanimous consent, the bill (S. 2372) to
reauthorize for three years the Commission on Civil Rights, and for
other purposes; together with the following amendment of the Senate to
the amendments of the House thereto, was taken from the Speaker's table:
Page 10, line 12, strike out ``September 30, 1995'' and
insert ``September 30, 1996''.
On motion of Mr. BROOKS, said Senate amendment to the House amendments
was agreed to.
A motion to reconsider the vote whereby said Senate amendment to the
House amendments was agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
Para. 122.28 judicial amendments
On motion of Mr. BROOKS, by unanimous consent, the Committee on
Judiciary was discharged from further consideration of the bill of the
Senate (S. 2407) to make improvements in the operation and
administration of the Federal courts, and for other purposes.
When said bill was considered, read twice, ordered to be read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 122.29 u.s. armed forces in haiti
On motion of Mr. HAMILTON, by unanimous consent, the joint resolution
of the Senate (S.J. Res. 229) regarding United States policy toward
Haiti; was taken from the Speaker's table.
When said joint resolution was considered and read twice, ordered to
be read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
By unanimous consent, a similiar joint resolution, H.J. Res. 416, was
laid on the table.
Para. 122.30 child support enforcement
On motion of Ms. NORTON, by unanimous consent, the Committee on Post
Office and Civil Service, the Committee on Government Operations, and
the Committee on Foreign Affairs were discharged from further
consideration of the bill (H.R. 5179) to amend title 5, United States
Code, to strengthen child support enforcement orders through the
garnishment of amounts payable to Federal employees, and for other
purposes.
When said bill was considered, read twice, ordered to be engrossed and
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 122.31 torture or extrajudicial killing
On motion of Mr. BROOKS, by unanimous consent, the Committee of the
Whole House on the state of the Union was discharged from further
consideration of the bill (H.R. 934) to amend title 28, United States
Code, relating to jurisdictional immunities of foreign states, to grant
jurisdiction to the courts of the United States in certain cases
involving torture or extrajudicial killing occurring in that state.
When said bill was considered and read twice.
The following amendment in the nature of a substitute, recommended by
the Committee on Judiciary, was then agreed to:
Strike all after the enacting clause, and insert the
following:
SECTION 1. EXCEPTION TO FOREIGN SOVEREIGN IMMUNITY FOR
CERTAIN CASES INVOLVING ACTS OF GENOCIDE IN A
FOREIGN STATE.
Section 1605(a) of title 28, United States Code, is
amended--
(1) by striking ``or'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting in lieu thereof ``; or''; and
(3) by adding at the end thereof the following:
``(7) not otherwise encompassed in paragraph (2), in which
money damages are sought against the Federal Republic of
Germany for the personal injury or death of a United States
citizen occurring in the predecessor states of the Federal
Republic of Germany, or in any territories or areas occupied,
annexed or otherwise controlled by those states and caused by
an act of genocide committed against that citizen, by such
predecessor state or by any official or employee of such
predecessor state while acting within the scope of his or her
office or employment during World War Two except that--
``(A) an action under this paragraph shall not be
maintained unless the individual
[[Page 2439]]
whose injury or death gave rise to the action was a United
States citizen at the time the conduct causing such injury or
death occurred;
``(B) the court shall decline to hear a claim under this
paragraph if the claimant has not exhausted adequate and
available remedies in the places in which the conduct giving
rise to the claim occurred; and
``(C) Statute of limitations.--An action under this
paragraph shall not be maintained unless the cause of action
is brought within 18 months after the date of enactment of
this paragraph.
For purposes of paragraph (7), the term `act of genocide'
means conduct that would be a violation of section 1091 of
title 18 if committed in the United States.''.
SEC. 2. EXCEPTION TO IMMUNITY FROM ATTACHMENT.
(a) Foreign State.--Section 1610(a) of title 28, United
States Code, is amended--
(1) by striking the period at the end of paragraph (6) and
inserting in lieu thereof ``, or''; and
(2) by adding at the end thereof the following new
paragraph:
``(7) the judgment relates to a claim for which the foreign
state is not immune by virtue of section 1605(a)(7) of this
chapter, regardless of whether the property is or was
involved in the act upon which the claim is based.''.
(b) Agency or Instrumentality.--Section 1610(b)(2) of such
title is amended--
(1) by striking ``or (5)'' and inserting in lieu thereof
``(5), or (7)''; and
(2) by striking ``used for the activity'' and inserting in
lieu thereof ``involved in the act''.
SEC. 3. APPLICABILITY.
The amendments made by this Act shall apply to any cause of
action arising before, on, or after the date of the enactment
of this Act.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title, and passed.
By unanimous consent, the title was amended so as to read: ``A bill to
amend title 28, United States Code, relating to jurisdictional
immunities of foreign states, to grant jurisdiction to the courts of the
United States in certain cases involving torture, extrajudicial killing,
or genocide occurring in that state.''.
A motion to reconsider the votes whereby the bill was passed and the
title was amended was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 122.32 fcc authorization
On motion of Mr. MARKEY, by unanimous consent, the Committee of the
Whole House on the state of the Union was discharged from further
consideration of the bill (H.R. 4522) to amend the Communications Act of
1934 to extend the authorization of appropriations of the Federal
Communications Commission, and for other purposes.
When said bill was considered and read twice.
Mr. MARKEY submitted the following amendment in the nature of a
substitute which was then agreed to:
Strike out all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Communications
Commission Authorization Act of 1994''.
SEC. 2. EXTENSION OF AUTHORITY.
(a) Authorization of Appropriations.--Section 6 of the
Communications Act of 1934 (47 U.S.C. 156) is amended to read
as follows:
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for the
administration of this Act by the Commission $186,000,000 for
fiscal year 1995, together with such sums as may be necessary
for increases resulting from adjustments in salary, pay,
retirement, other employee benefits required by law, and
other nondiscretionary costs, for fiscal year 1995. Of the
sum appropriated in each fiscal year under this section, a
portion, in an amount determined under section 9(b), shall be
derived from fees authorized by section 9.''.
(b) Travel and Reimbursement Program.--Subsection (g) of
section 4 of the Communications Act of 1934 (47 U.S.C. 154)
is amended--
(1) by striking paragraph (2), and
(2) by redesignating paragraph (3) as (2).
(c) Communications Support From Older Americans.--Section
6(a) of the Federal Communications Commission Authorization
Act of 1988 (47 U.S.C. 154 note) as amended by striking
``fiscal years 1992 and 1993'' and inserting ``fiscal year
1995''.
(d) Hawaii Monitoring Station.--Section 9(a) of the Federal
Communications Commission Authorization Act of 1988 (Public
Law 100-594; 102 Stat. 3024) is amended by striking ``1991,
1992, 1993, and 1994'' and inserting ``1995,''.
SEC. 3. APPLICATION FEES.
(a) Schedule of Application Fees for PCS.--The schedule of
application fees in section 8(g) of such Act is amended by
adding, at the end of the portion under the heading ``common
carrier services'', the following new item:
``23. Personal communications services
``a. Initial or new application...................................230
``b. Amendment to pending application..............................35
``c. Application for assignment or transfer of control............230
``d. Application for renewal of license............................35
``e. request for special temporary authority......................200
``f. Notification of completion of construction....................35
``g. Request to combine service areas...........................50''.
(b) Vanity Call Signs.--
(1) Lifetime license fees.--
(A) Amendment.--The schedule of application fees in section
8(g) of such Act is further amended by adding, at the end of
the portion under the heading ``private radio services'', the
following new item:
``11. Amateur vanity call signs...............................150.00''.
(B) Treatment of receipts.--Moneys received from fees
established under the amendment made by this subsection shall
be deposited as an offsetting collection in, and credited to,
the account providing appropriations to carry out the
functions of the Commission.
(2) Termination of annual regulatory fees.--The schedule of
regulatory fees in section 9(g) of such Act (47 U.S.C.
159(g)) is amended by striking the following item from the
fees applicable to the Private Radio Bureau:
``Amateur vanity call-signs........................................7''.
(c) Description of Applications Functions.--Section 8(b) of
such Act is amended by adding at the end the following new
paragraph:
1``(3) Any fees established under this section shall be
assessed and collected to recover the costs of performing
application activities, including all executive and legal
costs incurred by the Commission in the discharge of these
activities.''.
SEC. 4. REGULATORY FEES.
(a) Executive and Legal Costs.--Section 9(a)(1) of the
Communications Act of 1934 (47 U.S.C. 159(a)(1)) is amended
by inserting before the period at the end the following: ``,
and all executive and legal costs incurred by the Commission
in the discharge of these functions''.
(b) Establishment and Adjustment.--Section 9(b) of such Act
is amended--
(1) in paragraph (4)(B), by striking ``90 days'' and
inserting ``45 days''; and
(2) by adding at the end the following new paragraph:
``(5) Effective date of adjustments.--The Commission may
continue to collect fees at the prior year's rate until the
effective date of any fee adjustment or amendment of that fee
under this section.''
(c) Regulatory Fees for Satellite TV Operations.--The
schedule of regulatory fees in section 9(g) of such Act is
amended, in the fees applicable to the mass media bureau, by
inserting after each of the items pertaining to construction
permits in the fees applicable to VHF commercial TV the
following new item:
``Terrestrial television satellite operations....................500''.
(d) Governmental entities use for common carrier
purposes.--Section 9(h) of such Act is amended by adding at
the end the following new sentence: ``The exceptions provided
by this subsection for governmental entities shall not be
applicable to any services that are provided on a commercial
basis in competition with another carrier.''.
(e) Information Required in Connection with Adjustment of
Regulatory Fees.--Title I of such Act is amended--
(1) in section 9, by striking subsection (i); and
(2) by inserting after section 9 the following new section:
``SEC. 10. ACCOUNTING SYSTEM AND ADJUSTMENT INFORMATION.
``(a) Accounting System Required.--The Commission shall
develop accounting systems of the purposes of making any
adjustments authorized by sections 8 and 9. The Commission
shall annually prepare and submit to the Congress an analysis
of such systems and shall annually afford interested persons
the opportunity to submit comments concerning the allocation
of the costs of performing the functions described in section
8(b)(3) and 9(a)(1).
``(b) Information Required in Connection With Adjustment of
Application and Regulatory Fees.--
``(1) Schedule of requested amounts.--No later than May 1
of each calendar year, the Commission shall prepare and
transmit to the Committees of Congress responsible for the
Commission's authorization and appropriations a detailed
schedule of the amounts requested by the President's budget
to be appropriated for the ensuing fiscal year for the
activities described in sections 8(b)(3) and 9(a)(1),
allocated by bureaus, divisions, and offices of the
Commission.
``(2) Explanatory statement.--If the Commission anticipates
increases in the application fees or regulatory fees
applicable to any applicant, licensee, or unit subject to
payment of fees, the Commission shall submit to the Congress
by May 1 of such calendar year a statement explaining the
relationship between any such increases and either (A)
increases in the amounts requested to be appropriated for
Commission activities in connection with such applicants,
licensees, or units subject to payment of fees, or (B)
additional activities to be performed with respect to such
applicants, licensees, or units.
``(3) Definition.--For purposes of this subsection, the
term `amount requested by the
[[Page 2440]]
President's budget' shall include any adjustments to such
requests that are made by May 1 of such calendar year. If any
such adjustment is made after May 1, the Commission shall
provide such Committees with updated schedules and statements
containing the information required by this subsection within
10 days after the date of any such adjustment.''.
SEC. 5. INSPECTION OF SHIP RADIO STATIONS.
(a) Contracting Out Inspections.--Section 4(f)(3) of the
Communications Act of 1934 (47 U.S.C. 154(f)(3)) is amended
by adding at the end the following: ``Notwithstanding the
preceding provisions of this paragraph, the Commission may
designate an entity to make the inspections referred to in
this paragraph instead of using engineers in charge, radio
engineers, or other field employees.''.
(b) Annual Inspection Required.--Section 362(b) of the
Communications Act of 1934 (47 U.S.C. 360(b)) is amended--
(1) by striking ``as may'' in the third sentence and
inserting ``as the Commission determines to'', and
(2) by striking ``thereby'' in the fourth sentence and all
that follows and inserting the following: ``thereby--
``(1) waive the annual inspection required under this
section for a period of up to 90 days for the sole purpose of
enabling a vessel to complete its voyage and proceed to a
port in the United States where an inspection can be held, or
``(2) waive the annual inspection required under this
section for a vessel that is in compliance with the radio
provisions of the Safety Convention and that is operating
solely in waters beyond the jurisdiction of the United
States, but the inspection shall be performed within 30 days
after the vessel's return to the United States.''.
(c) Conforming Amendment.--Section 385 of the
Communications Act of 1934 (47 U.S.C. 385) is amended--
(1) by inserting ``or an entity designated by the
Commission'' after ``Commission'', and
(2) by striking out ``as may'' and inserting ``as the
Commission determines to''.
SEC. 6. EXPEDITED ITFS PROCESSING.
Section 5(c)(1) of the Communications Act of 1934 (47
U.S.C. 155(c)(1)) is amended by striking the last sentence
and inserting the following: ``Except for cases involving the
authorization of service in the Instructional Television
Fixed Service, or as otherwise provided in this Act, nothing
in this paragraph shall authorize the Commission to provide
for the conduct, by any person or persons other than persons
referred to in paragraph (2) or (3) of section 556(b) of
title 5, United States Code, of any hearing to which such
section applies.''.
SEC. 7. TARIFF REJECTION AUTHORITY.
sECTION 203(d) of the Communications Act of 1934 (47 U.S.C.
203(d)) is amended by inserting after the first sentence the
following new sentences: ``The Commission may, after
affording interested parties an opportunity to comment,
reject a proposed tariff filing in whole or in part, if the
filing or any part thereof is patently unlawful. In
evaluating whether a proposed tariff filing is patently
unlawful, the Commission may consider additional information
filed by the carrier or any interested party and shall
presume the facts alleged by the carrier to be true.''.
SEC. 8. REFUND AUTHORITY.
Title II of the Communications Act of 1934 (47 U.S.C. 201
et seq.) is amended by adding at the end thereof the
following new section:
``SEC. 230. REFUND AUTHORITY.
``In addition to any other provision of this Act under
which the Commission may order refunds, the Commission may
require by order the refund of such portion of any charge by
any carrier or carriers as results from a violation of
sections 220 (a), (b), or (d) or 221 (c) or (d) or of any of
the rules promulgated pursuant to such sections or pursuant
to sections 215, 218, or 219. Such refunds shall be ordered
only to the extent that the Commission or a court finds that
such violation resulted in unlawful charges and shall be made
to such persons or classes of persons as the Commission
determines reasonably represent the persons from whom amounts
were improperly received by reason of such violation. No
refunds shall be required under this section unless--
``(1) the Commission issues an order advising the carrier
of its potential refund liability and provides the carrier
with an opportunity to file written comments as to why
refunds should not be required; and
``(2) such order is issued not later than 5 years after the
date the charge was paid.
In the case of a continuing violation, a violation shall be
considered to occur on each date that the violation is
repeated.''.
SEC. 9. LICENSING OF AVIATION, MARITIME, AND PERSONAL RADIO
SERVICES BY RULE.
Section 307(e) of the Communications Act of 1934 (47 U.S.C.
307(e)) is amended to read as follows:
``(e)(1) Notwithstanding any license requirement
established in this Act, if the Commission determines that
such authorization serves the public interest, convenience,
and necessity, the Commission may by rule authorize the
operation of radio stations without individual licenses in
the following radio services: (A) the personal radio
services; (B) the aviation radio service for aircraft
stations operated on domestic flights when such aircraft are
not otherwise required to carry a radio station; and (C) the
maritime radio service for ship stations navigated on
domestic voyages when such ships are not otherwise required
to carry a radio station.
``(2) Any radio station operator who is authorized by the
Commission to operate without an individual license shall
comply with all other provisions of this Act and with rules
prescribed by the commission under this Act.
``(3) For purposes of this subsection, the terms `personal
radio services', `aircraft station', and `ship station' shall
have the meanings given them by the Commission by rule,
except that the term `personal radio services' shall not
include the amateur service.''.
SEC. 10. AUCTION TECHNICAL AMENDMENTS.
Section 309(j)(8) of the Communications Act of 1934 (47
U.S.C. 309(j)(8)) is amended--
``(1) by inserting ``are authorized to remain available
until expended and'' after ``Such offsetting collections'' in
the second sentence of subparagraph (B), and
``(2) by adding at the end thereof the following:
``(C) Revenues on deposit.--The Commission is authorized,
based on the competitive bidding methodology selected, to
provide for the deposit of monies for bids in an interest-
bearing account until such time as the Commission accepts a
deposit from the high bidder. All interest earned on bid
monies received from the winning bidder shall be deposited
into the general fund of the Treasury. All interest earned on
bid monies deposited from unsuccessful bidders shall be paid
to those bidders, less any applicable fees and penalties.''.
SEC. 11. FORFEITURES FOR VIOLATIONS IMPERILING SAFETY OF
LIFE.
(a) Administrative Sanctions.--Section 312(a) of the
Communications Act of 1934 (47 U.S.C. 312(a)) is amended--
(1) by striking ``or'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(8) failure to comply with any requirement of this Act or
the Commission's rule that imperils the safety of life.''.
(b) Forfeitures.--Section 503(b)(1) of such Act (47 U.S.C.
503(b)(1) is amended--
(1) by striking ``or'' at the end of subparagraph (C);
(2) by striking the semicolon at the end of subparagraph
(D) and inserting ``; or''; and
(3) by adding after subparagraph (D) the following new
subparagraph:
``(E) failed to comply with any requirement of this Act or
the Commission's rules that imperils the safety of life;''.
SEC. 12. USE OF EXPERTS AND CONSULTANTS.
Section 4(f)(1) of the Communications Act of 1934 (47
U.S.C. 154) is amended by adding at the end thereof the
following: ``The Commission may also procure the services of
experts and consultants in accordance with section 3109 of
title 5, United States Code, relating to appointments in the
Federal Service, at rates of compensation for individuals not
to exceed the daily rate equivalent to the maximum rate
payable for senior-level positions under section 5276 of
title 5, United States Code.''.
SEC. 13. STATUTE OF LIMITATIONS FOR FORFEITURE PROCEEDINGS
AGAINST COMMON CARRIERS.
Section 503(b)(6) of the Communications Act of 1934 (47
U.S.C. 503(b)(6) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by inserting ``and is not a common carrier'' after
``title III of this Act'' in subparagraph (B);
(3) by redesignating subparagraph (B) as subparagraph (C);
and
(4) by inserting after subparagraph (A) the following new
subparagraph:
``(B) such person is a common carrier and the required
notice of apparent liability is issued more than 5 years
after the date the violation charged occurred; or''.
SEC. 14. UTILIZATION OF FM BAND FOR ASSISTIVE DEVICES FOR
HEARING IMPAIRED INDIVIDUALS.
Within 6 months after the date of enactment of this Act,
the Federal Communications Commission shall report to the
Congress on the existing and future use of the FM band to
facilitate the use of auditory assistive devices for
individuals with hearing impairments. In preparing such
report, the Commission shall consider--
(1) the potential for utilizing FM band auditory assistive
devices to comply with the Americans with Disabilities Act;
(2) the impact on such compliance of the vulnerability of
such devices to harmful interference from radio licensees;
and
(3) alternative frequency allocations that could facilitate
such compliance.
SEC. 15. TECHNICAL AMENDMENT.
Section 302(d)(1) of the Communications Act of 1934 (47
U.S.C. 309(d)(1)) is amended--
(1) in subparagraph (A), by striking ``allocated to the
domestic cellular radio telecommunications service'' and
inserting ``utilized to provide commercial mobile service (as
defined in section 332(d))''; and
(2) in subparagraph (C), by striking ``cellular'' and
inserting ``commercial mobile service''.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
[[Page 2441]]
Para. 122.33 strategic petroleum reserve management
On motion of Mr. SHARP, by unanimous consent, the bill of the Senate
(S. 2466) to amend the Energy Policy and Conservation Act to manage the
Strategic Petroleum Reserve more effectively, and for other purposes;
was taken from the Speaker's table.
When said bill was considered, read twice, ordered to be read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 122.34 midewin national tall grass prairie
On motion of Mr. de la GARZA, by unanimous consent, the Committee on
Agriculture, the Committee on Armed Services, and the Committee on
Energy and Commerce were discharged from further consideration of the
bill (H.R. 4946) to establish the Midewin National Tallgrass Prairie in
the State of Illinois, and for other purposes.
When said bill was considered and read twice.
Mr. de la GARZA submitted the following amendment in the nature of a
substitute which was agreed to:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Illinois
Land Conservation Act of 1994''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Definitions.
Sec. 3. Transfer of management responsibilities and jurisdiction over
the Arsenal.
Sec. 4. Continuation of responsibility and liability of the Secretary
of the Army for environmental cleanup.
Sec. 5. Establishment of the Midewin National Tallgrass Prairie.
Sec. 6. Disposal of certain real property at the Arsenal for a national
veterans cemetery and a county landfill and to the
Administrator of General Services.
Sec. 7. Degree of environmental cleanup.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) The term ``Administrator'' means the Administrator of
the United States Environmental Protection Agency.
(2) The term ``agricultural purposes'' means the use of
land for row crops, pasture, hay, and grazing.
(3) The term ``Arsenal'' means the Joliet Army Ammunition
Plant located in the State of Illinois.
(4) The acronym ``CERCLA'' means the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.).
(5) The term ``environmental law'' means all applicable
Federal, State, and local laws, regulations, and requirements
related to protection of human health, natural and cultural
resources, or the environment, including CERCLA, the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.), the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.), the
Clean Air Act (42 U.S.C. 7401 et seq.), the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et
seq.), the Toxic Substances Control Act (15 U.S.C. 2601 et
seq.), and the Safe Drinking Water Act (42 U.S.C. 300f et
seq.).
(6) The term ``hazardous substance'' has the meaning given
such term by section 101(14) of CERCLA (42 U.S.C. 9601(14)).
(7) The abbreviation ``MNP'' means the Midewin National
Tallgrass Prairie established pursuant to section 5 and
managed as a part of the National Forest System.
(8) The term ``national cemetery'' means a cemetery
established and operated as part of the National Cemetery
System of the Department of Veterans Affairs and subject to
the provisions of chapter 24 of title 38, United States Code.
(9) The term ``person'' has the meaning given such term by
section 101(21) of CERCLA (42 U.S.C. 9601(21)).
(10) The term ``pollutant or contaminant'' has the meaning
given such term by section 101(33) of CERCLA (42 U.S.C.
9601(33)).
(11) The term ``release'' has the meaning given such term
by section 101(22) of CERCLA (42 U.S.C. 9601(22))
(12) The term ``response action'' has the meaning given
such term by section 101(25) of CERCLA (42 U.S.C. 9601(25)).
SEC. 3. TRANSFER OF MANAGEMENT RESPONSIBILITIES AND
JURISDICTION OVER THE ARSENAL.
(a) Principles of Transfer.--
(1) Land use plan.--The Congress ratifies in principle the
proposals generally identified by the land use plan which was
developed by the Joliet Arsenal Citizen Planning Commission
and unanimously approved on April 8, 1994.
(2) Transfer without reimbursement.--The area constituting
the MNP shall be transferred, without reimbursement, to the
Secretary of Agriculture.
(3) Management of mnp.--Management by the Secretary of
Agriculture of those portions of the Arsenal transferred to
the Secretary under this Act shall be in accordance with
section 5 establishing the MNP.
(4) Security measures.--The Secretary of the Army, the
Secretary of Agriculture, and the Secretary of Veterans
Affairs, shall each provide and maintain physical and other
security measures on such portion of the Arsenal as is under
the administrative jurisdiction of such Secretary. Such
security measures (which may include fences and natural
barriers) shall include measures to prevent members of the
public from gaining unauthorized access to such portions of
the Arsenal as are under the administrative jurisdiction of
such Secretary and that may endanger health or safety.
(5) Cooperative agreements.--The Secretary of the Army, the
Secretary of Agriculture, and the Administrator are
individually and collectively authorized to enter into
cooperative agreements and memoranda of understanding among
each other and with other affected Federal agencies, State
and local governments, private organizations, and
corporations to carry out the purposes for which the MNP is
established.
(b) Interim Activities of the Secretary of Agriculture.--
Prior to transfer and subject to such reasonable terms and
conditions as the Secretary of the Army may prescribe, the
Secretary of Agriculture may enter upon the Arsenal property
for purposes related to planning, resource inventory, fish
and wildlife habitat manipulation (which may include
prescribed burning), and other such activities consistent
with the purposes for which the MNP is established.
(c) Phased Transfer of Jurisdiction.--Jurisdiction over
lands comprising the Arsenal shall be transferred as follows:
(1) Initial transfer.--Within 6 months after the date of
the enactment of this Act, the Secretary of the Army shall
effect the transfer of those portions of the Arsenal property
identified for transfer to the Secretary of Agriculture
pursuant to subsection (d) and to the Secretary of Veterans
Affairs pursuant to section 6(a)(2). In the case of the
Arsenal property to be transferred to the Secretary of
Agriculture, the Secretary of the Army shall transfer to the
Secretary of Agriculture only those portions for which the
Secretary of the Army and the Administrator concur that no
further action is required under any environmental law and
which therefore have been eliminated from the areas to be
further studied pursuant to the Defense Environmental
Restoration Program for the Arsenal. Within 4 months after
the date of the enactment of this Act, the Secretary of the
Army and the Administrator shall provide to the Secretary of
Agriculture all existing documentation supporting such
finding and all existing information relating to the
environmental conditions of the portions of the Arsenal to be
transferred to the Secretary of Agriculture pursuant to this
paragraph.
(2) Additional transfers.--The Secretary of the Army shall
transfer in accordance with section 6(b) to the Secretary of
Agriculture any portion of the property generally identified
in subsection (d) and not transferred pursuant to paragraph
(1) after the Secretary of the Army and the Administrator
concur that no further action is required at that portion of
property under any environmental law and that such portion is
therefore eliminated from the areas to be further studied
pursuant to the Defense Environmental Restoration Program for
the Arsenal. At least 2 months before any transfer under this
paragraph, the Secretary of the Army and the Administrator
shall provide to the Secretary of Agriculture all existing
documentation supporting such finding and all existing
information relating to the environmental conditions of the
portion of the Arsenal to be transferred. Transfer of
jurisdiction pursuant to this paragraph may be accomplished
on a parcel-by-parcel basis. This paragraph, paragraph (1),
and their requirements shall not in any way affect the
responsibilities and liabilities of the Secretary of the Army
specified in section 4.
(d) Identification of Portions for Transfer for MNP.--The
lands to be transferred under subsection (c) shall be
identified on a map or maps which shall be agreed to by the
Secretary of the Army and the Secretary of Agriculture.
Generally, the land to be transferred to the Secretary of
Agriculture shall be all the real property and improvements
comprising the Arsenal, except for lands and facilities
described in subsection (e) or designated for disposal under
section 6.
(e) Property Used for Environmental Cleanup.--
(1) Retention.--The Secretary of the Army shall retain
jurisdiction, authority, and control over real property at
the Arsenal to be used for--
(A) water treatment;
(B) the treatment, storage, or disposal of any hazardous
substance, pollutant or contaminant, hazardous material, or
petroleum products or their derivatives;
(C) other purposes related to any response action at the
Arsenal; and
(D) other actions required at the Arsenal under any
environmental law to remediate contamination or conditions of
noncompliance with any environmental law.
(2) Conditions.--The Secretary of the Army shall consult
with the Secretary of Agriculture regarding the
identification and management of the real property retained
under this subsection and ensure that activities carried out
on that property are consist-
[[Page 2442]]
ent, to the extent practicable, with the purposes for which
the MNP is established, as specified in subsection (c) of
section 5, and with the other provisions of such section.
(3) Priority of response actions.--In the case of any
conflict between management of the property by the Secretary
of Agriculture and any response action or other action
required under environmental law to remediate petroleum
products or their derivatives, the response action or other
such action shall take priority.
(f) Surveys.--All costs of necessary surveys for the
transfer of jurisdiction of properties among Federal agencies
shall be shared equally by the Secretary of the Army and the
Secretary of the Department receiving the property. For lands
transferred to a non-Federal agency pursuant to section 6,
the Secretary of the Army shall pay the survey costs.
SEC. 4. CONTINUATION OF RESPONSIBILITY AND LIABILITY OF THE
SECRETARY OF THE ARMY FOR ENVIRONMENTAL
CLEANUP.
(a) Responsibility.--The liabilities and responsibilities
of the Secretary of the Army under any environmental law
shall not transfer under any circumstances to the Secretary
of Agriculture as a result of the property transfers made
under section 3 or section 6(b), or as a result of
implementation of section 3(b). With respect to the real
property at the Arsenal, the Secretary of the Army shall
remain liable for and continue to carry out--
(1) all response actions required under CERCLA and other
environmental law at or related to the property; and
(2) all actions required under any other environmental law
to remediate petroleum products or their derivatives
(including motor oil and aviation fuel).
(b) Liability.--
(1) In general.--Nothing in this Act shall be construed to
effect, modify, amend, repeal, alter, limit or otherwise
change, directly or indirectly, the responsibilities or
liabilities under any applicable environmental law of any
person (including the Secretary of Agriculture), except as
provided in paragraph (3) with respect to the Secretary of
Agriculture.
(2) Liability of secretary of the army.--The Secretary of
the Army shall retain any obligation or other liability at
the Arsenal that the Secretary may have under CERCLA and
other environmental laws. Following transfer of any portions
of the Arsenal pursuant to this Act, the Secretary of the
Army shall be accorded all easements and access to such
property as may be reasonably required to carry out such
obligation or satisfy such liability.
(3) Special rules for secretary of agriculture.--The
Secretary of Agriculture shall not be responsible or liable
under any environmental law for matters which are in any way
related directly or indirectly to activities of the Secretary
of the Army, or any party acting under the authority of the
Secretary in connection with the Defense Environmental
Restoration Program, at the Arsenal and which are for any of
the following:
(A) Costs of response actions required under CERCLA at or
related to the Arsenal.
(B) Costs, penalties, or fines related to noncompliance
with any environmental law at or related to the Arsenal or
related to the presence, release, or threat of release of any
hazardous substance, pollutant, contaminant, hazardous waste
or hazardous material of any kind at or related to the
Arsenal, including contamination resulting from migration of
hazardous substances, pollutants, contaminants, hazardous
materials, or petroleum products or their derivatives
disposed during activities of the Department of the Army.
(C) Costs of actions necessary to remedy such noncompliance
or other problem specified in paragraph (B).
(c) Payment of Response Action Costs.--Any Federal
department or agency that had or has operations at the
Arsenal resulting in the release or threatened release of
hazardous substances, pollutants, or contaminants shall pay
the cost of related response actions or related actions under
other statutes to remediate petroleum products or their
derivatives, including motor oil and aviation fuel.
(d) Consultation.--The Secretary of Agriculture shall
consult with the Secretary of the Army with respect to the
Secretary of Agriculture's management of real property
included in the MNP subject to any response action or other
action at the Arsenal being carried out by or under the
authority of the Secretary of the Army under any
environmental law. The Secretary of Agriculture shall consult
with the Secretary of the Army prior to undertaking any
activities on the MNP that may disturb the property to ensure
that such activities will not exacerbate contamination
problems or interfere with performance by the Secretary of
the Army of response actions at the property. In carrying out
response actions at the Arsenal, the Secretary of the Army
shall consult with the Secretary of Agriculture to ensure
that such actions are carried out in a manner consistent with
the purposes for which the MNP is established, as specified
in subsection (c) of section 5, and the other provisions of
such section.
SEC. 5. ESTABLISHMENT OF THE MIDEWIN NATIONAL TALLGRASS
PRAIRIE.
(a) Establishment.--On the effective date of the initial
transfer of jurisdiction of portions of the Arsenal to the
Secretary of Agriculture under section 3(c)(1), the Secretary
of Agriculture shall establish the Midewin National Tallgrass
Prairie, which shall--
(1) be administered by the Secretary of Agriculture; and
(2) consist of the real property so transferred and such
other portions of the Arsenal subsequently transferred under
section 3(c)(2).
(b) Administration.--
(1) In general.--The Secretary of Agriculture shall manage
the MNP as a part of the National Forest System in accordance
with this Act and the laws, rules and regulations pertaining
to the National Forests, except that the Bankhead-Jones Farm
Tenant Act of 1937 (7 U.S.C. 1010-1012) shall not apply to
the MNP.
(2) Land acquisition funds.--Notwithstanding section 7 of
the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l-9), monies appropriated from the Land and Water
Conservation Fund established under section 2 of such Act (16
U.S.C. 460l-5) shall be available for acquisition of lands
and interests in land for inclusion in the MNP.
(3) Acquisition of private lands.--Acquisition of private
lands for inclusion in the MNP shall be on a willing seller
basis only.
(4) Initial management activities.--In order to expedite
the administration and public use of the MNP, the Secretary
of Agriculture may conduct management activities at the MNP
to effectuate the purposes for which the MNP is established,
as set forth in subsection (c), in advance of the development
of a land and resource management plan for the MNP.
(5) Land and resource management plan.--In developing a
land and resource management plan for the MNP, the Secretary
of Agriculture shall consult with the Illinois Department of
Conservation and local governments adjacent to the MNP and
provide an opportunity for public comment. Any parcel
transferred to the Secretary of Agriculture under this Act
after the development of a land and resource management plan
for the MNP may be managed in accordance with such plan
without need for an amendment to the plan.
(c) Purposes of the Midewin National Tallgrass Prairie.--
The MNP is established to be managed for National Forest
purposes, including the following:
(1) To conserve and enhance populations and habitats of
fish, wildlife, and plants, including populations of
grassland birds, raptors, passerines, and marsh and water
birds.
(2) To restore and enhance, where practicable, habitat for
species listed as proposed, threatened or endangered under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(3) To provide fish and wildlife oriented public uses at
levels compatible with the conservation, enhancement and
restoration of native wildlife and plants and their habitats.
(4) To provide opportunities for scientific research.
(5) To provide opportunities for environmental and land use
education.
(6) To manage the land and water resources of the MNP in a
manner that will conserve and enhance the natural diversity
of native fish, wildlife, and plants.
(7) To conserve and enhance the quality of aquatic habitat.
(8) To provide for public recreation insofar as such
recreation is compatible with the other purposes for which
the MNP is established.
(d) Prohibition Against the Construction of New Through
Roads.--No new construction of any highway, public road, or
any part of the interstate system, whether Federal, State, or
local, shall be permitted through or across any portion of
the MNP. Nothing herein shall preclude construction and
maintenance of roads for use within the MNP, or the granting
of authorizations for utility rights-of-way under applicable
Federal law, or preclude such access as is necessary. Nothing
herein shall preclude necessary access by the Secretary of
the Army for purposes of restoration and cleanup as provided
in this Act.
(e) Agricultural Leases and Special Use Authorizations.--
Within the MNP, use of the lands for agricultural purposes
shall be permitted subject to the following terms and
conditions:
(1) If at the time of transfer of jurisdiction under
section 3 there exists any lease issued by the Department of
the Army, Department of Defense, or any other agency thereof,
for agricultural purposes upon the parcel transferred, the
Secretary of Agriculture, upon transfer of jurisdiction,
shall convert the lease to a special use authorization, the
terms of which shall be identical in substance to the lease
that existed prior to the transfer, including the expiration
date and any payments owed the United States.
(2) The Secretary of Agriculture may issue special use
authorizations to persons for use of the MNP for agricultural
purposes. Such special use authorizations shall require
payment of a rental fee, in advance, that is based on the
fair market value of the use allowed. Fair market value shall
be determined by appraisal or a competitive bidding process.
Special use authorizations issued pursuant to this paragraph
shall include terms and conditions as the Secretary of
Agriculture may deem appropriate.
(3) No agricultural special use authorization shall be
issued for agricultural purposes which has a term extending
beyond the date twenty years from the date of enactment of
this Act, except that nothing in this Act shall preclude the
Secretary from issuing agricultural special use
authorizations or grazing permits which are effective after
twenty
[[Page 2443]]
years from the date of enactment of this Act for purposes
primarily related to erosion control, provision for food and
habitat for fish and wildlife, or other resource management
activities consistent with the purposes of the MNP.
(f) Treatment of Rental Fees.--Monies received pursuant to
subsection (e) shall be subject to distribution to the State
of Illinois and affected counties pursuant to the Acts of May
23, 1908, and March 1, 1911 (16 U.S.C. 500). All monies not
so distributed pursuant to such Acts shall be covered into
the Treasury and shall constitute a special fund, which is
hereby appropriated and made available until expended, to
cover the cost to the United States of such prairie-
improvement work as the Secretary of Agriculture may direct.
Any portion of any deposit made to the fund which the
Secretary of Agriculture determines to be in excess of the
cost of doing such work shall be transferred, upon such
determination, to miscellaneous receipts, Forest Service
Fund, as a National Forest receipt of the fiscal year in
which such transfer is made.
(g) User Fees.--The Secretary is authorized to charge
reasonable fees for the admission, occupancy, and use of the
MNP and may prescribe a fee schedule providing for reduced or
a waiver of fees for persons or groups engaged in authorized
activities including those providing volunteer services,
research, or education. The Secretary shall permit admission,
occupancy, and use at no additional charge for persons
possessing a valid Golden Eagle Passport or Golden Age
Passport.
(h) Salvage of Improvements.--The Secretary of Agriculture
may sell for salvage value any facilities and improvements
which have been transferred to the Secretary of Agriculture
pursuant to this Act.
(i) Treatment of User Fees and Salvage Receipts.--Monies
collected pursuant to subsections (g) and (h) shall be
covered into the Treasury and constitute a special fund to be
known as the Midewin National Tallgrass Prairie Restoration
Fund (``Fund''). Deposits in this fund shall be available,
subject to appropriation, until expended for use for
restoration and administration of the MNP, including
construction of a visitor and education center, restoration
of ecosystems, construction of recreational facilities (such
as trails), construction of administrative offices, and
operation and maintenance of the MNP.
(j) Cooperation with States, Local Governments and Other
Entities.--In the management of the MNP, the Secretary is
authorized and encouraged to cooperate with appropriate
Federal, State and local governmental agencies, private
organizations and corporations. Such cooperation may include
cooperative agreements as well as the exercise of the
existing authorities of the Secretary under the Cooperative
Forestry Assistance Act of 1978 and the Forest and Rangeland
Renewable Resources Research Act of 1978. The objects of such
cooperation may include public education, land and resource
protection, and cooperative management among government,
corporate and private landowners in a manner which furthers
the purposes of this Act.
SEC. 6. DISPOSAL OF CERTAIN REAL PROPERTY AT THE ARSENAL FOR
A NATIONAL VETERANS CEMETERY AND A COUNTY
LANDFILL AND TO THE ADMINISTRATOR OF GENERAL
SERVICES.
(a) Property Designated for Disposal Under This Section.--
The following areas of real property at the Arsenal are
designated for disposal under this section:
(1) An area of real property consisting of approximately
425 acres, the approximate legal description of which
includes part of sections 8 and 17, Florence Township, T33N
R10E, Will County, Illinois, as depicted in the Arsenal Land
Use Concept to be conveyed to the County of Will, without
compensation, to be operated as a landfill by the County:
Provided, That such additional acreage shall be added to the
landfill as is necessary to reasonably accommodate needs for
the disposal of refuse and other materials from the
restoration and cleanup of only the Arsenal property as
provided for in this Act: Provided further, That the use of
this additional acreage by any agency of the Federal
Government or its agents or assigns shall be at no cost to
the Federal Government. The Secretary of the Army may require
such additional terms and conditions in connection with the
conveyance under this paragraph as the Secretary considers
appropriate to protect the interests of the United States.
(2) An area of real property consisting of approximately
910 acres, the approximate legal description of which
includes part of sections 30 and 31 Jackson Township, T34N
R10E, and including part of sections 25 an 36 Channahon
Township, T34N R9E, Will County, Illinois, as depicted in the
Arsenal Land Use Concept to be transferred without
reimbursement to the Department of Veterans.
(3) The following areas are designated for disposal
pursuant to subsection (b): Manufacturing Area--Study Area
1--Southern Ash Pile, Study Area 2--Explosive Burning Ground,
Study Area 3--Flashing Grounds, Study Area 4--Lead Azide
Area, Study Area 10--Toluene Tank Farms, Study Area 11--
Landfill, Study Area 12--Sellite Manufacturing Area, Study
Area 14--Former Pond Area, Study Area 15--Sewage Treatment
Plant. Load Assemble Packing Area--Group 61: Study Area L1,
Explosive Burning Ground: Study Area L2, Demolition Area:
Study Area L3, Landfill Area: Study Area L4, Salvage Yard:
Study Area L5, Group 1: Study Area L7, Group 2: Study Area
L8, Group 3: Study Area L9, Group 3A: Study Area L10, Doyle
Lake: Study Area L12, Group 68: Study Area L13, Group 4:
Study Area L14, Group 5: Study Area L15, Group 8: Study Area
L18, Group 9: Study Area L19, Group 20, Study Area L20, Group
25: Study Area L22, Group 27: Study Area L23, Group 62: Study
Area L25, Group 64: Study Area L27, Group 65: Study Area L28,
Extraction Pits: Study Area L31, PVC Area: Study Area L33,
Former Burning Area: Study Area L34, Fill Area: Study Area
L35, including all associated inventoried buildings and
structures as identified in the Joliet Army Ammunition Plant
Plantwide Building and Structures Report and the contaminate
study sites for both the Manufacturing and Load Assembly and
Packing sides of the Joliet Arsenal as delineated in the
Dames and Moore Final Report, Phase 2 Remedial Investigation
Manufacturing (MFG) Area Joliet Army Ammunition Plant Joliet,
Illinois (May 30, 1993. Contract No. DAAA15-90-D-0015 task
order No. 6 prepared for: United States Army Environmental
Center); and excepting the national cemetery and landfill
described in paragraphs (1) and (2).
(b) Initial Offer to Secretary of Agriculture.--Within 6
months after the construction and installation of any
remedial design approved by the Administrator and required
for any lands described in subsection (a)(3), the
Administrator shall provide to the Secretary of Agriculture
all existing information regarding the implementation of such
remedy, including information regarding its effectiveness.
Within 3 months after the Administrator provides such
information to the Secretary of Agriculture, the Secretary of
the Army shall offer the Secretary of Agriculture the option
of accepting a transfer of the areas described in subsection
(a)(3), without reimbursement, to be added to the MNP and
subject to the terms and conditions, including the
limitations on liability, contained in this Act. In the event
the Secretary of Agriculture declines such offer, the
property may be disposed of as the Army would ordinarily
dispose of such property under applicable provisions of law.
Any sale or other transfer of property conducted pursuant to
this subsection may be accomplished on a parcel-by-parcel
basis.
SEC. 7. DEGREE OF ENVIRONMENTAL CLEANUP.
(a) In General.--Nothing in this Act shall be construed to
restrict or lessen the degree of cleanup at the Arsenal
required to be carried out under provisions of any
environmental law.
(b) Response Action.--The establishment of the MNP shall
not restrict or lessen in any way response action or degree
of cleanup under CERCLA or other environmental law, or any
response action required under any environmental law to
remediate petroleum products or their derivatives (including
motor oil and aviation fuel), required to be carried out
under the authority of the Secretary of the Army at the
Arsenal and surrounding areas.
(c) Environmental Quality of Property.--Any contract for
sale, deed, or other transfer of real property under section
6 shall be carried out in compliance with all applicable
provisions of section 120(h) of the CERCLA and other
environmental laws.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 122.35 economic development reauthorization
On motion of Mr. WISE, by unanimous consent, the Committee on Public
Works and Transportation and the Committee on Banking, Finance and Urban
Affairs were discharged from further consideration of the bill (H.R.
5243) to amend the Public Works and Economic Development Act of 1965 to
reauthorize economic development programs, and for other purposes.
When said bill was considered, read twice, ordered to be engrossed and
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 122.36 theodore levin courthouse
On motion of Mr. TRAFICANT, by unanimous consent, the bill of the
Senate (S. 2395) to designate the United States Courthouse in Detroit,
Michigan, as the ``Theodore Levin Courthouse,'' and for other purposes;
was taken from the Speaker's table.
When said bill was considered, read twice, ordered to be read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 122.37 fishery agreement
On motion of Mr. HUGHES, by unanimous consent, the Committee on Mer-
[[Page 2444]]
chant Marine and Fisheries was discharged from further consideration of
the bill (H.R. 4852) to provide Congressional approval of a Governing
International Fishery Agreement.
When said bill was considered and read twice.
Mr. HUGHES submitted the following amendment in the nature of a
substitute which was agreed to:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oceans Act of 1994''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
TITLE I--HIGH SEAS FISHERIES LICENSING
SEC. 101. SHORT TITLE.
This title may be cited as the ``High Seas Fisheries
Licensing Act of 1994''.
SEC. 102. PURPOSE.
It is the purpose of this Act--
(1) to implement the Agreement to Promote Compliance with
International Conservation and Management Measures by Fishing
Vessels on the High Seas, adopted by the Conference of the
Food and Agriculture Organization of the United Nations on
November 24, 1993; and
(2) to establish a system of licensing, reporting, and
regulation for vessels of the United States fishing on the
high seas.
SEC. 103. DEFINITIONS.
As used in this Act--
(1) The term ``Agreement'' means the Agreement to Promote
Compliance with International Conservation and Management
Measures by Fishing Vessels on the High Seas, adopted by the
Conference of the Food and Agriculture Organization of the
United Nations on November 24, 1993.
(2) The term ``FAO'' means the Food and Agriculture
Organization of the United Nations.
(3) The term ``high seas'' means the waters beyond the
territorial sea or exclusive economic zone (or the
equivalent) of any nation, to the extent that such
territorial sea or exclusive economic zone (or the
equivalent) is recognized by the United States.
(4) The term ``high seas fishing vessel'' means any vessel
of the United States used or intended for use --
(A) on the high seas;
(B) for the purpose of the commercial exploitation of
living marine resources; and
(C) as a harvesting vessel, as a mother ship, or as any
other support vessel directly engaged in a fishing operation.
(5) The term ``international conservation and management
measures'' means measures to conserve or manage one or more
species of living marine resources that are adopted and
applied in accordance with the relevant rules of
international law, as reflected in the 1982 United Nations
Convention on the Law of the Sea, and that are recognized by
the United States. Such measures may be adopted by global,
regional, or sub-regional fisheries organizations, subject to
the rights and obligations of their members, or by treaties
or other international agreements.
(6) The term ``length'' means --
(A) for any high seas fishing vessel built after July 18,
1982, 96 percent of the total length on a waterline at 85
percent of the least molded depth measured from the top of
the keel, or the length from the foreside of the stem to the
axis of the rudder stock on that waterline, if that is
greater. In ships designed with a rake of keel the waterline
on which this length is measured shall be parallel to the
designed waterline; and
(B) for any high seas fishing vessel built before July 18,
1982, registered length as entered on the vessel's
documentation.
(7) The term ``person'' means any individual (whether or
not a citizen of or national of the United States), any
corporation, partnership, association, or other entity
(whether or not organized or existing under the laws of any
State), and any Federal, State, local, or foreign government
or any entity of any such government.
(8) The term ``Secretary'' means the Secretary of Commerce.
(9) The term ``vessel of the United States'' means--
(A) a vessel documented under chapter 121 of title 46,
United States Code, or numbered in accordance with chapter
123 of title 46, United States Code;
(B) a vessel owned in whole or part by--
(i) the United States or a territory, commonwealth, or
possession of the United States;
(ii) a State or political subdivision thereof;
(iii) a citizen or national of the United States; or
(iv) a corporation created under the laws of the United
States or any State, the District of Columbia, or any
territory, commonwealth, or possession of the United States;
unless the vessel has been granted the nationality of a
foreign nation in accordance with article 92 of the 1982
United Nations Convention on the Law of the Sea and a claim
of nationality or registry for the vessel is made by the
master or individual in charge at the time of the enforcement
action by an officer or employee of the United States
authorized to enforce applicable provisions of the United
States law; and
(C) a vessel that was once documented under the laws of the
United States and, in violation of the laws of the United
States, was either sold to a person not a citizen of the
United States or placed under foreign registry or a foreign
flag, whether or not the vessel has been granted the
nationality of a foreign nation.
(10) The terms ``vessel subject to the jurisdiction of the
United States'' and ``vessel without nationality'' have the
same meaning as in section 1903(c) of title 46 United States
Code Appendix.
SEC. 104. LICENSING.
(a) In General.--No high seas fishing vessel shall engage
in harvesting operations on the high seas unless the vessel
has on board a valid license issued under this section.
(b) Eligibility.--
(1) Any vessel of the United States is eligible to receive
a license under this section, unless the vessel was
previously authorized to be used for fishing on the high seas
by a foreign nation, and
(A) the foreign nation suspended such authorization because
the vessel undermined the effectiveness of international
conservation and management measures, and the suspension has
not expired; or
(B) the foreign nation, within the last three years
preceding application for a license under this section,
withdrew such authorization because the vessel undermined the
effectiveness of international conservation and management
measures.
(2) The restriction in paragraph (1) does not apply if
ownership of the vessel has changed since the vessel
undermined the effectiveness of international conservation
and management measures, and the new owner has provided
sufficient evidence to the Secretary demonstrating that the
previous owner or operator has no further legal, beneficial
or financial interest in, or control of, the vessel.
(3) The restriction in paragraph (1) does not apply if the
Secretary makes a determination that issuing a license would
not subvert the purposes of the Agreement.
(4) The Secretary may not issue a license to a vessel
unless the Secretary is satisfied that the United States will
be able to exercise effectively its responsibilities under
the Agreement with respect to that vessel.
(c) Application.--
(1) The owner or operator of a high seas fishing vessel may
apply for a license under this section by completing an
application form prescribed by the Secretary.
(2) The application form shall contain--
(A) the vessel's name, previous names (if known), official
numbers, and port of record;
(B) the vessel's previous flags (if any);
(C) the vessel's International Radio Call Sign (if any);
(D) the names and addresses of the vessel's owners and
operators;
(E) where and when the vessel was built;
(F) the type of vessel;
(G) the vessel's length; and
(H) any other information the Secretary requires.
(d) Conditions.--The Secretary shall establish such
conditions and restrictions on each license issued under this
section as are necessary and appropriate to carry out the
obligations of the United States under the Agreement,
including but not limited to the following:
(1) The vessel shall be marked in accordance with the FAO
Standard Specifications for the Marking and Identification of
Fishing Vessels, or with regulations issued under section 305
of the Magnuson Fishery Conservation and Management Act (16
U.S.C. 1855); and
(2) The license holder shall report such information as the
Secretary by regulation requires, including area of fishing
operations and catch statistics. The Secretary shall
promulgate regulations concerning conditions under which
information submitted under this paragraph may be released.
(e) Fees.--
(1) The Secretary may by regulation establish the level of
fees to be charged for licenses issued under this section.
The amount of any fee charged for a license issued under this
section may not exceed the administrative costs incurred in
issuing such licenses. The licensing fee shall be in addition
to any fee required under any regional licensing regime
applicable to high seas fishing vessels.
(2) The fees authorized by paragraph (1) shall be collected
and credited to the Operations, Research and Facilities
account of the National Oceanic and Atmospheric
Administration. Fees collected under this subsection shall be
available for the necessary expenses of the National Oceanic
and Atmospheric Administration in implementing this Act, and
shall remain available until expended.
(f) Duration.--A license issued under this section is valid
for the period specified in regulations issued under section
105(d). A license issued under this section is void in the
event the vessel is no longer eligible for U.S.
documentation, such documentation is revoked or denied, or
the vessel is deleted from such documentation.
SEC. 105. RESPONSIBILITIES OF THE SECRETARY.
(a) Record.--The Secretary shall maintain an automated file
or record of high seas fishing vessels issued licenses under
section 104, including all information submitted under
section 104(c)(2).
(b) Information To FAO.--The Secretary, in cooperation with
the Secretary of State and the Secretary of the department in
which the Coast Guard is operating, shall--
(1) make available to FAO information contained in the
record maintained under subsection (a);
(2) promptly notify FAO of changes in such information;
[[Page 2445]]
(3) promptly notify FAO of additions to or deletions from
the record, and the reason for any deletion;
(4) convey to FAO information relating to any license
granted under section 104(b)(3), including the vessel's
identity, owner or operator, and factors relevant to the
Secretary's determination to issue the license;
(5) report promptly to FAO all relevant information
regarding any activities of high seas fishing vessels that
undermine the effectiveness of international conservation and
management measures, including the identity of the vessels
and any sanctions imposed; and
(6) provide the FAO a summary of evidence regarding any
activities of foreign vessels that undermine the
effectiveness of international conservation and management
measures.
(c) Information to Flag Nations.--If the Secretary, in
cooperation with the Secretary of State and the Secretary of
the department in which the Coast Guard is operating, has
reasonable grounds to believe that a foreign vessel has
engaged in activities undermining the effectiveness of
international conservation and management measures, the
Secretary shall--
(1) provide to the flag nation information, including
appropriate evidentiary material, relating to those
activities; and
(2) when such foreign vessel is voluntarily in a United
States port, promptly notify the flag nation and, if
requested by the flag nation, make arrangements to undertake
such lawful investigatory measures as may be considered
necessary to establish whether the vessel has been used
contrary to the provisions of the Agreement.
(d) Regulations.--The Secretary, after consultation with
the Secretary of State and the Secretary of the department in
which the Coast Guard is operating, may promulgate such
regulations, in accordance with section 553 of title 5,
United States Code, as may be necessary to carry out the
purposes of the Agreement and this title. The Secretary shall
coordinate such regulations with any other entities
regulating high seas fishing vessels, in order to minimize
duplication of license application and reporting
requirements. To the extent practicable, such regulations
shall also be consistent with regulations implementing
fishery management plans under the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.).
(e) Notice of International Conservation and Management
Measures.--The Secretary, in consultation with the Secretary
of State, shall publish in the Federal Register, from time to
time, a notice listing international conservation and
management measures recognized by the United States.
SEC. 106. UNLAWFUL ACTIVITIES.
It is unlawful for any person subject to the jurisdiction
of the United States--
(1) to use a high seas fishing vessel on the high seas in
contravention of international conservation and management
measures described in section 105(e);
(2) to use a high seas fishing vessel on the high seas,
unless the vessel has on board a valid license issued under
section 104;
(3) to use a high seas fishing vessel in violation of the
conditions or restrictions of a license issued under section
104;
(4) to falsify any information required to be reported,
communicated, or recorded pursuant to this title or any
regulation issued under this title, or to fail to submit in a
timely fashion any required information, or to fail to report
to the Secretary immediately any change in circumstances that
has the effect of rendering any such information false,
incomplete, or misleading;
(5) to refuse to permit an authorized officer to board a
high seas fishing vessel subject to such person's control for
purposes of conducting any search or inspection in connection
with the enforcement of this title or any regulation issued
under this title;
(6) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with an authorized officer in the
conduct of any search or inspection described in paragraph
(5);
(7) to resist a lawful arrest or detention for any act
prohibited by this section;
(8) to interfere with, delay, or prevent, by any means, the
apprehension, arrest, or detection of another person, knowing
that such person has committed any act prohibited by this
section;
(9) to ship, transport, offer for sale, sell, purchase,
import, export, or have custody, control, or possession of,
any living marine resource taken or retained in violation of
this title or any regulation or license issued under this
title; or
(10) to violate any provision of this title or any
regulation or license issued under this title.
SEC. 107. ENFORCEMENT PROVISIONS.
(a) Duties of Secretaries.--This title shall be enforced by
the Secretary of Commerce and the Secretary of the department
in which the Coast Guard is operating. Such Secretaries may
by agreement utilize, on a reimbursable basis or otherwise,
the personnel, services, equipment (including aircraft and
vessels), and facilities of any other Federal agency, or of
any State agency, in the performance of such duties. Such
Secretaries shall, and the head of any Federal or State
agency that has entered into an agreement with either such
Secretary under this section may (if the agreement so
provides), authorize officers to enforce the provisions of
this title or any regulation or license issued under this
title.
(b) District Court Jurisdiction.--The district courts of
the United States shall have exclusive jurisdiction over any
case or controversy arising under the provisions of this
title. In the case of Guam, and any Commonwealth, territory,
or possession of the United States in the Pacific Ocean, the
appropriate court is the United States District Court for the
District of Guam, except that in the case of American Samoa,
the appropriate court is the United States District Court for
the District of Hawaii.
(c) Powers of Enforcement Officers.--
(1) Any officer who is authorized under subsection (a) to
enforce the provisions of this title may--
(A) with or without a warrant or other process--
(i) arrest any person, if the officer has reasonable cause
to believe that such person has committed an act prohibited
by paragraph (6), (7), (8), or (9) of section 106;
(ii) board, and search or inspect, any high seas fishing
vessel;
(iii) seize any high seas fishing vessel (together with its
fishing gear, furniture, appurtenances, stores, and cargo)
used or employed in, or with respect to which it reasonably
appears that such vessel was used or employed in, the
violation of any provision of this title or any regulation or
license issued under this title;
(iv) seize any living marine resource (wherever found)
taken or retained, in any manner, in connection with or as a
result of the commission of any act prohibited by section
106;
(v) seize any other evidence related to any violation of
any provision of this title or any regulation or license
issued under this title;
(B) execute any warrant or other process issued by any
court of competent jurisdiction; and
(C) exercise any other lawful authority.
(2) Subject to the direction of the Secretary, a person
charged with law enforcement responsibilities by the
Secretary who is performing a duty related to enforcement of
a law regarding fisheries or other marine resources may make
an arrest without a warrant for an offense against the United
States committed in his presence, or for a felony cognizable
under the laws of the United States, if he has reasonable
grounds to believe that the person to be arrested has
committed or is committing a felony.
(d) Issuance of Citations.--If any authorized officer finds
that a high seas fishing vessel is operating or has been
operated in violation of any provision of this title, such
officer may issue a citation to the owner or operator of such
vessel in lieu of proceeding under subsection (c). If a
permit has been issued pursuant to this title for such
vessel, such officer shall note the issuance of any citation
under this subsection, including the date thereof and the
reason therefor, on the permit. The Secretary shall maintain
a record of all citations issued pursuant to this subsection.
SEC. 108. CIVIL PENALTIES AND LICENSE SANCTIONS.
(a) Civil Penalties.--
(1) Any person who is found by the Secretary, after notice
and opportunity for a hearing in accordance with section 554
of title 5, United States Code, to have committed an act
prohibited by section 106 shall be liable to the United
States for a civil penalty. The amount of the civil penalty
shall not exceed $100,000 for each violation. Each day of a
continuing violation shall constitute a separate offense. The
amount of such civil penalty shall be assessed by the
Secretary by written notice. In determining the amount of
such penalty, the Secretary shall take into account the
nature, circumstances, extent, and gravity of the prohibited
acts committed and, with respect to the violation, the degree
of culpability, any history of prior offenses, and such other
matters as justice may require.
(2) The Secretary may compromise, modify, or remit, with or
without conditions, any civil penalty that is subject to
imposition or that has been imposed under this section.
(b) License Sanctions.--
(1) In any case in which--
(A) a vessel of the United States has been used in the
commission of an act prohibited under section 106;
(B) the owner or operator of a vessel or any other person
who has been issued or has applied for a license under
section 104 has acted in violation of section 106; or
(C) any amount in settlement of a civil forfeiture imposed
on a high seas fishing vessel or other property, or any civil
penalty or criminal fine imposed on a high seas fishing
vessel or on an owner or operator of such a vessel or on any
other person who has been issued or has applied for a license
under any fishery resource statute enforced by the Secretary,
has not been paid and is overdue, the Secretary may--
(i) revoke any license issued to or applied for by such
vessel or person under this title, with or without prejudice
to the issuance of subsequent licenses;
(ii) suspend such license for a period of time considered
by the Secretary to be appropriate;
(iii) deny such license; or
(iv) impose additional conditions and restrictions on such
license.
(2) In imposing a sanction under this subsection, the
Secretary shall take into account--
(A) the nature, circumstances, extent, and gravity of the
prohibited acts for which the sanction is imposed; and
(B) with respect to the violator, the degree of
culpability, any history of prior offenses,
[[Page 2446]]
and such other matters as justice may require.
(3) Transfer of ownership of a high seas fishing vessel, by
sale or otherwise, shall not extinguish any license sanction
that is in effect or is pending at the time of transfer of
ownership. Before executing the transfer of ownership of a
vessel, by sale or otherwise, the owner shall disclose in
writing to the prospective transferee the existence of any
license sanction that will be in effect or pending with
respect to the vessel at the time of the transfer. The
Secretary may waive or compromise a sanction in the case of a
transfer pursuant to court order.
(4) In the case of any license that is suspended under this
subsection for nonpayment of a civil penalty or criminal
fine, the Secretary shall reinstate the license upon payment
of the penalty or fine and interest thereon at the prevailing
rate.
(5) No sanctions shall be imposed under this subsection
unless there has been prior opportunity for a hearing on the
facts underlying the violation for which the sanction is
imposed, either in conjunction with a civil penalty
proceeding under this section or otherwise.
(c) Hearing.--For the purposes of conducting any hearing
under this section, the Secretary may issue subpoenas for the
attendance and testimony of witnesses and the production of
relevant papers, books, and documents, and may administer
oaths. Witnesses summoned shall be paid the same fees and
mileage that are paid to witnesses in the courts of the
United States. In case of contempt or refusal to obey a
subpoena served upon any person pursuant to this subsection,
the district court of the United States for any district in
which such person is found, resides, or transacts business,
upon application by the United States and after notice to
such person, shall have jurisdiction to issue an order
requiring such person to appear and give testimony before the
Secretary or to appear and produce documents before the
Secretary, or both, and any failure to obey such order of the
court may be punished by such court as a contempt thereof.
(d) Judicial Review.--Any person against whom a civil
penalty is assessed under subsection (a) or against whose
vessel a license sanction is imposed under subsection (b)
(other than a license suspension for nonpayment of penalty or
fine) may obtain review thereof in the United States district
court for the appropriate district by filing a complaint
against the Secretary in such court within 30 days from the
date of such penalty or sanction. The Secretary shall
promptly file in such court a certified copy of the record
upon which such penalty or sanction was imposed, as provided
in section 2112 of title 28, United States Code. The findings
and order of the Secretary shall be set aside by such court
if they are not found to be supported by substantial
evidence, as provided in section 706(2) of title 5, United
States Code.
(e) Collection.--
(1) If any person fails to pay an assessment of a civil
penalty after it has become a final and unappealable order,
or after the appropriate court has entered final judgment in
favor of the Secretary, the matter shall be referred to the
Attorney General, who shall recover the amount assessed in
any appropriate district court of the United States. In such
action the validity and appropriateness of the final order
imposing the civil penalty shall not be subject to review.
(2) A high seas fishing vessel (including its fishing gear,
furniture, appurtenances, stores, and cargo) used in the
commission of an act prohibited by section 106 shall be
liable in rem for any civil penalty assessed for such
violation under subsection (a) and may be proceeded against
in any district court of the United States having
jurisdiction thereof. Such penalty shall constitute a
maritime lien on such vessel that may be recovered in an
action in rem in the district court of the United States
having jurisdiction over the vessel.
SEC. 109. CRIMINAL OFFENSES.
(a) Offenses.--A person is guilty of an offense if the
person commits any act prohibited by paragraph (6), (7), (8),
or (9) of section 106.
(b) Punishment.--Any offense described in subsection (a) is
a class A misdemeanor punishable by a fine under title 18,
United States Code, or imprisonment for not more than one
year, or both; except that if in the commission of any
offense the person uses a dangerous weapon, engages in
conduct that causes bodily injury to any authorized officer,
or places any such officer in fear of imminent bodily injury,
the offense is a felony punishable by a fine under title 18,
United States Code, or imprisonment for not more than 10
years, or both.
SEC. 110. FORFEITURES.
(a) In General.--Any high seas fishing vessel (including
its fishing gear, furniture, appurtenances, stores, and
cargo) used, and any living marine resources (or the fair
market value thereof) taken or retained, in any manner, in
connection with or as a result of the commission of any act
prohibited by section 106 (other than an act for which the
issuance of a citation under section 107 is a sufficient
sanction) shall be subject to forfeiture to the United
States. All or part of such vessel may, and all such living
marine resources (or the fair market value thereof) shall, be
forfeited to the United States pursuant to a civil proceeding
under this section.
(b) Jurisdiction of District Courts.--Any district court of
the United States shall have jurisdiction, upon application
of the Attorney General on behalf of the United States, to
order any forfeiture authorized under subsection (a) and any
action provided for under subsection (d).
(c) Judgment.--If a judgment is entered for the United
States in a civil forfeiture proceeding under this section,
the Attorney General may seize any property or other interest
declared forfeited to the United States, which has not
previously been seized pursuant to this title or for which
security has not previously been obtained. The provisions of
the customs laws relating to --
(1) the seizure, forfeiture, and condemnation of property
for violation of the customs law;
(2) the disposition of such property or the proceeds from
the sale thereof; and
(3) the remission or mitigation of any such forfeiture;
shall apply to seizures and forfeitures incurred, or alleged
to have been incurred, under the provisions of this title,
unless such provisions are inconsistent with the purposes,
policy, and provisions of this title.
(d) Procedure.--
(1) Any officer authorized to serve any process in rem that
is issued by a court under section 107(b) shall--
(A) stay the execution of such process; or
(B) discharge any living marine resources seized pursuant
to such process;
upon receipt of a satisfactory bond or other security from
any person claiming such property. Such bond or other
security shall be conditioned upon such person delivering
such property to the appropriate court upon order thereof,
without any impairment of its value, or paying the monetary
value of such property pursuant to an order of such court.
Judgment shall be recoverable on such bond or other security
against both the principal and any sureties in the event that
any condition thereof is breached, as determined by such
court.
(2) Any living marine resources seized pursuant to this
title may be sold, subject to the approval of the appropriate
court, for not less than the fair market value thereof. The
proceeds of any such sale shall be deposited with such court
pending the disposition of the matter involved.
(e) Rebuttable Presumption.--For purposes of this section,
all living marine resources found on board a high seas
fishing vessel and which are seized in connection with an act
prohibited by section 106 are presumed to have been taken or
retained in violation of this title, but the presumption can
be rebutted by an appropriate showing of evidence to the
contrary.
SEC. 111. EFFECTIVE DATE.
This title shall take effect 120 days after the date of
enactment of this Act.
TITLE II--IMPLEMENTATION OF CONVENTION ON FUTURE MULTILATERAL
COOPERATION IN THE NORTHWEST ATLANTIC FISHERIES
SEC. 201. SHORT TITLE.
This title may be cited as the ``Northwest Atlantic
Fisheries Convention Act of 1994''.
SEC. 202. REPRESENTATION OF UNITED STATES UNDER CONVENTION.
(a) Commissioners.--
(1) Appointments, generally.--The Secretary shall appoint
not more than 3 individuals to serve as the representatives
of the United States on the General Council and the Fisheries
Commission, who shall each--
(A) be known as a ``United States Commissioner to the
Northwest Atlantic Fisheries Organization''; and
(B) serve at the pleasure of the Secretary.
(2) Requirements for appointments.--
(A) The Secretary shall ensure that of the individuals
serving as Commissioners--
(i) at least 1 is appointed from among representatives of
the commercial fishing industry;
(ii) 1 (but no more than 1) is an official of the
Government; and
(iii) 1, other than the individual appointed under clause
(ii), is a voting member of the New England Fishery
Management Council.
(B) The Secretary may not appoint as a Commissioner an
individual unless the individual is knowledgeable and
experienced concerning the fishery resources to which the
Convention applies.
(3) Terms.--
(A) The term of an individual appointed as a Commissioner--
(i) shall be specified by the Secretary at the time of
appointment; and
(ii) may not exceed 4 years.
(B) An individual who is not a Government official may not
serve more than 2 consecutive terms as a Commissioner.
(b) Alternate Commissioners.--
(1) Appointment.--The Secretary may, for any anticipated
absence of a duly appointed Commissioner at a meeting of the
General Council or the Fisheries Commission, designate an
individual to serve as an Alternate Commissioner.
(2) Functions.--An Alternate Commissioner may exercise all
powers and perform all duties of the Commissioner for whom
the Alternate Commissioner is designated, at any meeting of
the General Council or the Fisheries Commission for which the
Alternate Commissioner is designated.
(c) Representatives.--
(1) Appointment.--The Secretary shall appoint not more than
3 individuals to serve as the representatives of the United
States on the Scientific Council, who shall each be known as
a ``United States Representative to the Northwest Atlantic
Fisheries Organization Scientific Council''.
(2) Eligibility for appointment.--
(A) The Secretary may not appoint an individual as a
Representative unless the indi-
[[Page 2447]]
vidual is knowledgeable and experienced concerning the
scientific issues dealt with by the Scientific Council.
(B) The Secretary shall appoint as a Representative at
least 1 individual who is an official of the Government.
(3) Term.--An individual appointed as a Representative--
(A) shall serve for a term of not to exceed 4 years, as
specified by the Secretary at the time of appointment;
(B) may be reappointed; and
(C) shall serve at the pleasure of the Secretary.
(d) Alternate Representatives.--
(1) Appointment.--The Secretary may, for any anticipated
absence of a duly appointed Representative at a meeting of
the Scientific Council, designate an individual to serve as
an Alternate Representative.
(2) Functions.--An Alternate Representative may exercise
all powers and perform all duties of the Representative for
whom the Alternate Representative is designated, at any
meeting of the Scientific Council for which the Alternate
Representative is designated.
(e) Experts and Advisers.--The Commissioners, Alternate
Commissioners, Representatives, and Alternate Representatives
may be accompanied at meetings of the Organization by experts
and advisers.
(f) Coordination and Consultation.--
(1) In general.--In carrying out their functions under the
Convention, Commissioners, Alternate Commissioners,
Representatives, and Alternate Representatives shall--
(A) coordinate with the appropriate Regional Fishery
Management Councils established by section 302 of the
Magnuson Act (16 U.S.C. 1852); and
(B) consult with the committee established under section
208.
(2) Relationship to other law.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to coordination
and consultations under this subsection.
SEC. 203. REQUESTS FOR SCIENTIFIC ADVICE.
(a) Restriction.--The Representatives may not make a
request or specification described in subsection (b)(1) or
(2), respectively, unless the Representatives have first--
(1) consulted with the appropriate Regional Fishery
Management Councils; and
(2) received the consent of the Commissioners for that
action.
(b) Requests and Terms of Reference Described.--The
requests and specifications referred to in subsection (a)
are, respectively--
(1) any request, under Article VII(1) of the Convention,
that the Scientific Council consider and report on a question
pertaining to the scientific basis for the management and
conservation of fishery resources in waters under the
jurisdiction of the United States within the Convention Area;
and
(2) any specification, under Article VIII(2) of the
Convention, of the terms of reference for the consideration
of a question referred to the Scientific Council pursuant to
Article VII(1) of the Convention.
SEC. 204. AUTHORITIES OF SECRETARY OF STATE WITH RESPECT TO
CONVENTION.
The Secretary of State may, on behalf of the Government of
the United States--
(1) receive and transmit reports, requests,
recommendations, proposals, and other communications of and
to the Organization and its subsidiary organs;
(2) object, or withdraw an objection, to the proposal of
the Fisheries Commission;
(3) give or withdraw notice of intent not to be bound by a
measure of the Fisheries Commission;
(4) object or withdraw an objection to an amendment to the
Convention; and
(5) act upon, or refer to any other appropriate authority,
any other communication referred to in paragraph (1).
SEC. 205. INTERAGENCY COOPERATION.
(a) Authorities of Secretary.--In carrying out the
provisions of the Convention and this title, the Secretary
may arrange for cooperation with other agencies of the United
States, the States, the New England and the Mid-Atlantic
Fishery Management Councils, and private institutions and
organizations.
(b) Other Agencies.--The head of any Federal agency may--
(1) cooperate in the conduct of scientific and other
programs, and furnish facilities and personnel, for the
purposes of assisting the Organization in carrying out its
duties under the Convention; and
(2) accept reimbursement from the Organization for
providing such services, facilities, and personnel.
SEC. 206. RULEMAKING.
The Secretary shall promulgate regulations as may be
necessary to carry out the purposes and objectives of the
Convention and this title. Any such regulation may be made
applicable, as necessary, to all persons and all vessels
subject to the jurisdiction of the United States, wherever
located.
SEC. 207. PROHIBITED ACTS AND PENALTIES.
(a) Prohibition.--It is unlawful for any person or vessel
that is subject to the jurisdiction of the United States--
(1) to violate any regulation issued under this title or
any measure that is legally binding on the United States
under the Convention;
(2) to refuse to permit any authorized enforcement officer
to board a fishing vessel that is subject to the person's
control for purposes of conducting any search or inspection
in connection with the enforcement of this title, any
regulation issued under this title, or any measure that is
legally binding on the United States under the Convention;
(3) forcibly to assault, resist, oppose, impede,
intimidate, or interfere with any authorized enforcement
officer in the conduct of any search or inspection described
in paragraph (2);
(4) to resist a lawful arrest for any act prohibited by
this section;
(5) to ship, transport, offer for sale, sell, purchase,
import, export, or have custody, control, or possession of,
any fish taken or retained in violation of this section; or
(6) to interfere with, delay, or prevent, by any means, the
apprehension or arrest of another person, knowing that the
other person has committed an act prohibited by this section.
(b) Civil Penalty.--Any person who commits any act that is
unlawful under subsection (a) shall be liable to the United
States for a civil penalty, or may be subject to a permit
sanction, under section 308 of the Magnuson Act (16 U.S.C.
1858).
(c) Criminal Penalty.--Any person who commits an act that
is unlawful under paragraph (2), (3), (4), or (6) of
subsection (a) shall be guilty of an offense punishable under
section 309(b) of the Magnuson Act (16 U.S.C. 1859(b)).
(d) Civil Forfeiture.--
(1) In general.--Any vessel (including its gear, furniture,
appurtenances, stores, and cargo) used in the commission of
an act that is unlawful under subsection (a), and any fish
(or the fair market value thereof) taken or retained, in any
manner, in connection with or as a result of the commission
of any act that is unlawful under subsection (a), shall be
subject to seizure and forfeiture as provided in section 310
of the Magnuson Act (16 U.S.C. 1860).
(2) Disposal of fish.--Any fish seized pursuant to this
title may be disposed of pursuant to the order of a court of
competent jurisdiction or, if perishable, in a manner
prescribed by regulations issued by the Secretary.
(e) Enforcement.--The Secretary and the Secretary of the
department in which the Coast Guard is operating shall
enforce the provisions of this title and shall have the
authority specified in sections 311(a), (b)(1), and (c) of
the Magnuson Act (16 U.S.C. 1861(a), (b)(1), and (c)) for
that purpose.
(f) Jurisdiction of Courts.--The district courts of the
United States shall have exclusive jurisdiction over any case
or controversy arising under this section and may, at any
time--
(1) enter restraining orders or prohibitions;
(2) issue warrants, process in rem, or other process;
(3) prescribe and accept satisfactory bonds or other
security; and
(4) take such other actions as are in the interests of
justice.
SEC. 208. CONSULTATIVE COMMITTEE.
(a) Establishment.--The Secretary of State and the
Secretary, shall jointly establish a consultative committee
to advise the Secretaries on issues related to the
Convention.
(b) Membership.--(1) The membership of the Committee shall
include representatives from the New England and Mid-Atlantic
Fishery Management Councils, the States represented on those
Councils, the Atlantic States Marine Fisheries Commission,
the fishing industry, the seafood processing industry, and
others knowledgeable and experienced in the conservation and
management of fisheries in the Northwest Atlantic Ocean.
(2) Terms and Reappointment.--Each member of the
consultative committee shall serve for a term of two years
and shall be eligible for reappointment.
(c) Duties of the Committee.--Members of the consultative
committee may attend--
(1) all public meetings of the General Council or the
Fisheries Commission;
(2) any other meetings to which they are invited by the
General Council or the Fisheries Commission; and
(3) all nonexecutive meetings of the United States
Commissioners.
(d) Relationship to Other Law.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
consultative committee established under this section.
SEC. 209. ADMINISTRATIVE MATTERS.
(a) Prohibition on Compensation.--A person shall not
receive any compensation from the Government by reason of any
service of the person as--
(1) a Commissioner, Alternate Commissioner, Representative,
or Alternative Representative;
(2) an expert or adviser authorized under section 202(e);
or
(3) a member of the consultative committee established by
section 208.
(b) Travel and Expenses.--The Secretary of State shall,
subject to the availability of appropriations, pay all
necessary travel and other expenses of persons described in
subsection (a)(1) and of not more than six experts and
advisers authorized under section 202(e) with respect to
their actual performance of their official duties pursuant to
this title, in accordance with the Federal Travel Regulations
and sections 5701, 5702, 5704 through 5708, and 5731 of title
5, United States Code.
(c) Status as Federal Employees.--A person shall not be
considered to be a Federal employee by reason of any service
of the person in a capacity described in subsection (a),
except for purposes of injury compensation and tort claims
liability under chapter 81 of title 5, United States Code,
and chapter 17 of title 28, United States Code, respectively.
[[Page 2448]]
SEC. 210. DEFINITIONS.
In this title the following definitions apply:
(1) Authorized enforcement officer.--The term ``authorized
enforcement officer'' means a person authorized to enforce
this title, any regulation issued under this title, or any
measure that is legally binding on the United States under
the Convention.
(2) Commissioner.--The term ``Commissioner'' means a United
States Commissioner to the Northwest Atlantic Fisheries
Organization appointed under section 202(a).
(3) Convention.--The term ``Convention'' means the
Convention on Future Multilateral Cooperation in the
Northwest Atlantic Fisheries, done at Ottawa on October 24,
1978.
(4) Fisheries commission.--The term ``Fisheries
Commission'' means the Fisheries Commission provided for by
Articles II, XI, XII, XIII, and XIV of the Convention.
(5) General council.--The term ``General Council'' means
the General Council provided for by Article II, III, IV, and
V of the Convention.
(6) Magnuson Act.--The term ``Magnuson Act'' means the
Magnuson Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.).
(7) Organization.--The term ``Organization'' means the
Northwest Atlantic Fisheries Organization provided for by
Article II of the Convention.
(8) Person.--The term ``person'' means any individual
(whether or not a citizen or national of the United States),
and any corporation, partnership, association, or other
entity (whether or not organized or existing under the laws
of any State).
(9) Representative.--The term ``Representative'' means a
United States Representative to the Northwest Atlantic
Fisheries Scientific Council appointed under section 202(c).
(10) Scientific council.--The term ``Scientific Council''
means the Scientific Council provided for by Articles II, VI,
VII, VIII, IX, and X of the Convention.
(11) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
SEC. 211. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
title, including use for payment as the United States
contribution to the Organization as provided in Article XVI
of the Convention, $500,000 for each of the fiscal years
1994, 1995, 1996, 1997, and 1998.
TITLE III--GOVERNING INTERNATIONAL FISHERY AGREEMENT
SEC. 301. AGREEMENT WITH LITHUANIA.
Notwithstanding section 203 of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1823), the
governing international fishery agreement between the
Government of the United States of America and the government
of the Republic of Lithuania, as contained in the message to
Congress from the President of the United States dated July
18, 1994, is approved as a governing international fishery
agreement for the purposes of such Act and shall enter into
force and effect with respect to the United States on the
date of enactment of this Act.
TITLE IV--ATLANTIC TUNAS CONVENTION ACT
SEC. 401. SHORT TITLE.
This title may be cited as the ``Atlantic Tunas Convention
Authorization Act of 1994''.
SEC. 402. RESEARCH AND MONITORING ACTIVITIES.
(a) Report to Congress.--The Secretary of Commerce shall,
within 90 days after the date of enactment of this Act,
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Merchant
Marine and Fisheries of the House of Representatives--
(1) identifying current governmental and nongovernmental
research and monitoring activities on Atlantic bluefin tuna
and other highly migratory species;
(2) describing the personnel and budgetary resources
allocated to such activities; and
(3) explaining how each activity contributes to the
conservation and management of Atlantic bluefin tuna and
other highly migratory species.
(b) Research and Monitoring Program.--Section 3 of the Act
of September 4, 1980 (16 U.S.C. 971i) is amended--
(1) by amending the section heading to read as follows:
``SEC. 3. RESEARCH ON ATLANTIC HIGHLY MIGRATORY SPECIES.'';
(2) by inserting ``(a) Biennial Report on Bluefin Tuna.--''
before ``The Secretary of Commerce shall''; and
(3) by adding at the end the following:
``(b) Highly Migratory Species Research and Monitoring.--
``(1) Within 6 months after the date of enactment of the
Atlantic Tunas Convention Authorization Act of 1994, the
Secretary of Commerce, in cooperation with the advisory
committee established under section 4 of the Atlantic Tunas
Convention Act of 1975 (16 U.S.C. 971b) and in consultation
with the United States Commissioners on the International
Commission for the Conservation of Atlantic Tunas (referred
to elsewhere in this section as the `Commission') and the
Secretary of State, shall develop and implement a
comprehensive research and monitoring program to support the
conservation and management of Atlantic bluefin tuna and
other highly migratory species that shall--
``(A) identify and define the range of stocks of highly
migratory species in the Atlantic Ocean, including Atlantic
bluefin tuna; and
``(B) provide for appropriate participation by nations
which are members of the Commission.
``(2) The program shall provide for, but not be limited
to--
``(A) statistically designed cooperative tagging studies;
``(B) genetic and biochemical stock analyses;
``(C) population censuses carried out through aerial
surveys of fishing grounds;
``(D) adequate observer coverage and port sampling of
commercial and recreational fishing activity;
``(E) collection of comparable real-time data on commercial
and recreational catches and landings through the use of
permits, logbooks, landing reports for charter operations and
fishing tournaments, and programs to provide reliable
reporting of the catch by private anglers;
``(F) studies of the life history parameters of Atlantic
bluefin tuna and other highly migratory species;
``(G) integration of data from all sources and the
preparation of data bases to support management decisions;
and
``(H) other research as necessary.
``(3) In developing a program under this section, the
Secretary shall provide for comparable monitoring of all
United States fishermen to which the Atlantic Tunas
Convention Act applies with respect to effort and species
composition of catch and discards. The Secretary through the
Secretary of State shall encourage other member nations to
adopt a similar program.''.
SEC. 403. ADVISORY COMMITTEE PROCEDURES.
Section 4 of the Atlantic Tunas Convention Act of 1975 (16
U.S.C. 971b) is amended--
(1) by inserting ``(a)'' before ``There''; and
(2) by adding at the end the following:
``(b)(1) A majority of the members of the advisory
committee shall constitute a quorum, but one or more such
members designated by the advisory committee may hold
meetings to provide for public participation and to discuss
measures relating to the United States implementation of
Commission recommendations.
``(2) The advisory committee shall elect a Chairman for a
2-year term from among its members.
``(3) The advisory committee shall meet at appropriate
times and places at least twice a year, at the call of the
Chairman or upon the request of the majority of its voting
members, the United States Commissioners, the Secretary, or
the Secretary of State.
``(4)(A) The Secretary shall provide to the advisory
committee in a timely manner such administrative and
technical support services as are necessary for the effective
functioning of the committee.
``(B) The Secretary and the Secretary of State shall
furnish the advisory committee with relevant information
concerning fisheries and international fishery agreements.
``(5) The advisory committee shall determine its
organization, and prescribe its practices and procedures for
carrying out its functions under this Act, the Magnuson
Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.), and the Convention. The advisory committee shall
publish and make available to the public a statement of its
organization, practices, and procedures.
``(6) The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the advisory committee.''.
SEC. 404. REGULATIONS.
Section 6(c)(3) of the Atlantic Tunas Convention Act of
1975 (16 U.S.C. 971d(c)(3)) is amended by adding ``or fishery
mortality level'' after ``quota of fish'' in the last
sentence.
SEC. 405. FINES AND PERMIT SANCTIONS.
Section 7(e) of the Atlantic Tunas Convention Act of 1975
(16 U.S.C. 971(e)) is amended to read as follows:
``(e) The civil penalty and permit sanctions of section 308
of the Magnuson Fishery Conservation and Management Act (16
U.S.C. 1858) are hereby made applicable to violations of this
section as if they were violations of section 307 of that
Act.''.
SEC. 406. AUTHORIZATION OF APPROPRIATIONS.
Section 10 of the Atlantic Tunas Convention Act of 1975 (16
U.S.C. 971h) is amended to read as follows:
``AUTHORIZATION OF APPROPRIATIONS.
``Sec. 10. There are authorized to be appropriated to carry
out this Act, including use for payment of the United States
share of the joint expenses of the Commission as provided in
article X of the Convention, the following sums:
``(1) For fiscal year 1994, $2,750,000, of which $50,000
are authorized in the aggregate for the advisory committee
established under section 4 and the species working groups
established under section 4A, and $1,500,000 are authorized
for research activities under this Act.
``(2) For fiscal year 1995, $4,000,000, of which $62,000
are authorized in the aggregate for such advisory committee
and such working groups, and $2,500,000 are authorized for
such research activities.
``(3) For fiscal year 1996, $4,000,000 of which $75,000 are
authorized in the aggregate for such advisory committee and
such working groups, and $2,500,000 are authorized for such
research activities.''.
SEC. 407. REPORT AND CERTIFICATION.
The Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et
seq.) is amended by adding at the end thereof the following:
``ANNUAL REPORT.
``Sec. 11. Not later than April 1, 1995, and annually
thereafter, the Secretary shall prepare and transmit to the
Committee on Merchant Marine and Fisheries of the House of
[[Page 2449]]
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report, that--
``(1) details for the previous 10-year period the catches
and exports to the United States of highly migratory species
(including tunas, swordfish, marlin and sharks) from nations
fishing on Atlantic stocks of such species that are subject
to management by the Commission;
``(2) identifies those fishing nations whose harvests are
inconsistent with conservation and management recommendations
of the Commission;
``(3) describes reporting requirements established by the
Secretary to ensure that imported fish products are in
compliance with all international management measures,
including minimum size requirements, established by the
Commission and other international fishery organizations to
which the United States is a party; and
``(4) describes actions taken by the Secretary under
section 12.
``CERTIFICATION
``Sec. 12. (a) If the Secretary determines that vessels of
any nation are harvesting fish which are subject to
regulation pursuant to a recommendation of the Commission and
which were taken from the convention area in a manner or
under circumstances which would tend to diminish the
effectiveness of the conservation recommendations of the
Commission, the Secretary shall certify such fact to the
President.
``(b) Such certification shall be deemed to be a
certification for the purposes of section 8 of the
Fishermen's Protective Act (22 U.S.C. 1978).
``(c) Upon certification under subsection (a), the
Secretary shall promulgate regulations under section 6(c)(4)
with respect to a nation so certified.''.
SEC. 408. SENSE OF THE CONGRESS REGARDING CONSERVATION AND
MANAGEMENT OF ATLANTIC BLUEFIN TUNA.
(a) Finding.--The Congress finds the following:
(1) Atlantic bluefin tuna are a valuable commercial and
recreational fishery of the United States.
(2) Many other countries also harvest Atlantic bluefin tuna
in the Atlantic Ocean and the Mediterranean Sea.
(3) The International Commission for the Conservation of
Atlantic Tunas (hereinafter in this section referred to as
the ``Commission''), was established in 1969 to develop
conservation and management recommendations for Atlantic
bluefin tuna and other highly migratory species in the
Atlantic Ocean and the Mediterranean Sea.
(4) The Commission adopted conservation and management
recommendations in 1974 to ensure the recovery and
sustainability of Atlantic bluefin tuna throughout the
Atlantic Ocean and the Mediterranean Sea.
(5) In 1981, the Commission adopted a management strategy
for Atlantic bluefin tuna predicated on a hypothesis that 2
stocks of the fish existed: a western stock found in the
Atlantic west of 45 degrees west longitude (hereinafter in
this section referred to as the ``45 degree line''), and an
eastern stock found in the Atlantic Ocean east of the 45
degree line and in the Mediterranean Sea.
(6) Since 1981, the Commission has adopted additional, more
restrictive conservation and management recommendations for
Atlantic bluefin tuna for countries that harvest bluefin tuna
west of the 45 degree line, including a 25 percent quota
reduction since 1991 with an additional 40 percent quota
reduction scheduled for 1995.
(7) The United States and other Commission members that
harvest bluefin tuna west of the 45 degree line have
implemented all conservation and management recommendations
adopted by the Commission for Atlantic bluefin tuna west of
the 45 degree line.
(8) Many other Commission members do not comply with the
conservation and management recommendations adopted by the
Commission for Atlantic bluefin tuna east of the 45 degree
line.
(9) A recent National Academy of Sciences review of the
scientific data used by the Commission concluded that the
available data is consistent with a 1-stock management
strategy for bluefin tuna in the North Atlantic.
(10) The National Academy of Sciences review also found
that abundance of Atlantic bluefin tuna in the western
Atlantic has remained stable since 1988, in contrast to the
roughly 50 percent decline in abundance reported by the
Commission.
(11) The continued unrestricted harvesting of Atlantic
bluefin tuna east of the 45 degree line and in the
Mediterranean Sea will undermine the conservation
recommendations being implemented west of the line to rebuild
Atlantic bluefin tuna.
(12) In order to successfully rebuild the Atlantic bluefin
tuna stock, conservation and management recommendations must
be adopted and implemented throughout the Atlantic Ocean and
the Mediterranean Sea.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) the United States and the Commission should continue to
promote the conservation and management of Atlantic bluefin
tuna throughout the Atlantic Ocean and Mediterranean Sea and
develop a program to rebuild Atlantic bluefin tuna that
requires the participation of all nations that harvest this
species;
(2) the United States should ensure that the scientific
findings and recommendations of the National Academy of
Sciences Atlantic bluefin tuna review panel are made
available to and included in the considerations of the
Commission's scientific advisory panel;
(3) the United States should oppose any further quota
reductions for nations harvesting Atlantic bluefin tuna west
of the 45 degree line and insist that all nations harvesting
Atlantic bluefin tuna west and east of the 45 degree line
implement comparable conservation and rebuilding programs for
the Atlantic bluefin tuna resource;
(4) the continued harvesting by fishermen from any country
which is a member of the Commission and which does not comply
with the conservation and management recommendations of the
Commission will be considered by the Congress to diminish the
effectiveness of an international fishery conservation
program and, as such, will be considered by the Congress to
be subject to the embargo provision in section 6 of the
Atlantic Tunas Convention Act;
(5) the United States should encourage other nations with
significant markets for Atlantic bluefin tuna to prohibit the
importation of that species from harvesting nations which do
not comply with the conservation and management
recommendations adopted by the Commission; and
(6) the United States should encourage the Commission to
adopt recommendations encouraging the use of trade actions by
member nations as enforcement measures when the actions of a
nation are undermining the effectiveness of conservation and
management recommendations of the Commission.
TITLE V--FISHERMEN'S PROTECTIVE ACT
SEC. 501. FINDINGS.
The Congress finds that--
(1) customary international law and the United Nations
Convention on the Law of the Sea guarantee the right of
passage, including innocent passage, to vessels through the
waters commonly referred to as the ``Inside Passage'' off the
Pacific Coast of Canada;
(2) Canada recently required all commercial fishing vessels
of the United States to pay 1,500 Canadian dollars to obtain
a ``license which authorizes transit'' through the Inside
Passage;
(3) this action was inconsistent with international law,
including the United Nations Convention on the Law of the
Sea, and, in particular, Article 26 of that Convention, which
specifically prohibits such fees, and threatened the safety
of United States commercial fishermen who sought to avoid the
fee by traveling in less protected waters;
(4) the Fishermen's Protective Act of 1967 provides for the
reimbursement of vessel owners who are forced to pay a
license fee to secure the release of a vessel which has been
seized, but does not permit reimbursement of a fee paid by
the owner in advance in order to prevent a seizure;
(5) Canada required that the license fee be paid in person
in 2 ports on the Pacific Coast of Canada, or in advance by
mail;
(6) significant expense and delay was incurred by
commercial fishing vessels of the United States that had to
travel from the point of seizure back to one of those ports
in order to pay the license fee required by Canada, and the
costs of that travel and delay can not be reimbursed under
the Fishermen's Protective Act;
(7) the Fishermen's Protective Act of 1967 should be
amended to permit vessel owners to be reimbursed for fees
required by a foreign government to be paid in advance in
order to navigate in the waters of that foreign country if
the United States considers that fee to be inconsistent with
international law;
(8) the Secretary of State should seek to recover from
Canada any amounts paid by the United States to reimburse
vessel owners who paid the transit license fee;
(9) the United States should review its current policy with
respect to anchorage by commercial fishing vessels of Canada
in waters of the United States off Alaska, including waters
in and near the Dixon Entrance, and should accord such
vessels the same treatment that commercial fishing vessels of
the United States are accorded for anchorage in the waters of
Canada off British Columbia;
(10) the President should ensure that, consistent with
international law, the United States Coast Guard has
available adequate resources in the Pacific Northwest and
Alaska to provide for the safety of United States citizens,
the enforcement of United States law, and to protect the
rights of the United States and keep the peace among vessels
operating in disputed waters;
(11) the President should continue to review all agreements
between the United States and Canada to identify other
actions that may be taken to convince Canada that any
reinstatement of the transit license fee would be against
Canada's long-term interests, and should immediately
implement any actions which the President deems appropriate
if Canada reinstates the fee;
(12) the President should continue to convey to Canada in
the strongest terms that the United States will not now, nor
at any time in the future, tolerate any action by Canada
which would impede or otherwise restrict the right of passage
of vessels of the United States in a manner inconsistent with
international law; and
(13) the United States should redouble its efforts to seek
expeditious agreement with Canada on appropriate fishery
conservation and management measures that can be implemented
through the Pacific Salmon Treaty to address issues of mutual
concern.
[[Page 2450]]
SEC. 502. AMENDMENT TO THE FISHERMEN'S PROTECTIVE ACT OF
1967.
(a) The Fishermen's Protective Act of 1967 (22 U.S.C. 1971
et seq.) is amended by adding at the end the following new
section:
``Sec. 11. (a) In any case on or after June 15, 1994, in
which a vessel of the United States exercising its right of
passage is charged a fee by the government of a foreign
country to engage in transit passage between points in the
United States (including a point in the exclusive economic
zone or in an area over which jurisdiction is in dispute),
and such fee is regarded by the United States as being
inconsistent with international law, the Secretary of State
shall reimburse the vessel owner for the amount of any such
fee paid under protest.
``(b) In seeking such reimbursement, the vessel owner shall
provide, together with such other information as the
Secretary of State may require--
``(1) a copy of the receipt for payment;
``(2) an affidavit attesting that the owner or the owner's
agent paid the fee under protest; and
``(3) a copy of the vessel's certificate of documentation.
``(c) Requests for reimbursement shall be made to the
Secretary of State within 120 days after the date of payment
of the fee, or within 90 days after the date of enactment of
this section, whichever is later.
``(d) Such funds as may be necessary to meet the
requirements of this section may be made available from the
unobligated balances of previously appropriated funds
remaining in the Fishermen's Guaranty Fund established under
section 7 and the Fishermen's Protective Fund established
under section 9. To the extent that requests for
reimbursement under this section exceed such funds, there are
authorized to be appropriated such sums as may be needed for
reimbursements authorized under subsection (a).
``(e) The Secretary of State shall take such action as the
Secretary deems appropriate to make and collect claims
against the foreign country imposing such fee for any amounts
reimbursed under this section.
``(f) For purposes of this section, the term `owner'
includes any charterer of a vessel of the United States.
``(g) This section shall remain in effect until October 1,
1995.''.
(b) The Fishermen's Protective Act of 1967 (22 U.S.C. 1971
et seq.) is further amended by adding at the end the
following:
``Sec. 12. (a) If the Secretary of State finds that the
government of any nation imposes conditions on the operation
or transit of United States fishing vessels which the United
States regards as being inconsistent with international law
or an international agreement, the Secretary of State shall
certify that fact to the President.
``(b) Upon receipt of a certification under subsection (a),
the President shall direct the heads of Federal agencies to
impose similar conditions on the operation or transit of
fishing vessels registered under the laws of the nation which
has imposed conditions on United States fishing vessels.
``(c) For the purposes of this section, the term `fishing
vessel' has the meaning given that term in section 2101(11a)
of title 46, United States Code.
``(d) It is the sense of the Congress that any action taken
by any Federal agency under subsection (b) should be
commensurate with any conditions certified by the Secretary
of State under subsection (a).''.
SEC. 503. REAUTHORIZATION.
(a) Section 7(c) of the Fishermen's Protective Act of 1967
(22 U.S.C. 1977(c)) is amended by striking the third
sentence.
(b) Section 7(e) of the Fishermen's Protective Act of 1967
(22 U.S.C. 1977(e)) is amended by striking ``October 1,
1993'' and inserting ``October 1, 2000''.
SEC. 504. TECHNICAL CORRECTIONS.
(a)(1) Section 15(a) of Public Law 103-238 is amended by
striking ``April 1, 1994,'' and inserting ``May 1, 1994.''.
(2) The amendment made by paragraph (1) shall be effective
on and after April 30, 1994.
(b) Section 803(13)(C) of Public Law 102-567 (16 U.S.C.
5002(13)(C)) is amended to read as follows:
``(C) any vessel supporting a vessel described in
subparagraph (A) or (B).''.
TITLE VI--FISHERIES ENFORCEMENT IN CENTRAL SEA OF OKHOTSK
SEC. 601. SHORT TITLE.
This title may be cited as the ``Sea of Okhotsk Fisheries
Enforcement Act of 1994''.
SEC. 602. FISHING PROHIBITION.
The Central Bering Sea Fisheries Enforcement Act of 1992
(16 U.S.C. 1823 note) is amended--
(1) in section 302, by inserting ``and the Central Sea of
Okhotsk'' after ``Central Bering Sea''; and
(2) in section 306--
(A) by redesignating paragraphs (2), (3), (4), (5), and (6)
in order as paragraphs (3), (4), (5), (6), and (7); and
(B) by inserting after paragraph (1) the following:
``(2) Central Sea of Okhotsk.--The term `Central Sea of
Okhotsk' means the central Sea of Okhotsk area which is more
than two hundred nautical miles seaward of the baseline from
which the breadth of the territorial sea of the Russian
Federation is measured.''.
TITLE VII--COAST GUARD AUTHORIZATIONS
SEC. 701. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for necessary
expenses of the Coast Guard for fiscal year 1995, as follows:
(1) For the operation and maintenance of the Coast Guard,
$2,630,505,000, of which $25,000,000 shall be derived from
the Oil Spill Liability Trust Fund.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment
related thereto, $439,200,000, to remain available until
expended, of which $32,500,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990.
(3) For research, development, test, and evaluation of
technologies, materials, and human factors directly relating
to improving the performance of the Coast Guard's mission in
support of search and rescue, aids to navigation, marine
safety, marine environmental protection, enforcement of laws
and treaties, ice operations, oceanographic research, and
defense readiness, $20,310,000, to remain available until
expended, of which--
(A) $3,150,000 shall be derived from the Oil Spill
Liability Trust Fund; and
(B) $1,500,000 is authorized to conduct, in cooperation
with appropriate Federal and State agencies, local maritime
education organizations, and local marine industry
representatives, a demonstration project on the lower
Mississippi River and in the Houston Ship Channel to study
the effectiveness of currently available Electronic Chart
Display and Information Systems (ECDIS) and Electronic Chart
Systems (ECS) for use on commercial vessels.
(4) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose), payments under the Retired Serviceman's Family
Protection and Survivor Benefit Plans, and payments for
medical care of retired personnel and their dependents under
chapter 55 of title 10, United States Code, $562,585,000.
(5) For alteration or removal of bridges over navigable
waters of the United States constituting obstructions to
navigation, and for personnel and administrative costs
associated with the Bridge Alteration Program, $13,000,000,
to remain available until expended.
(6) For environmental compliance and restoration at Coast
Guard facilities, $25,000,000, to remain available until
expended.
SEC. 702. AUTHORIZED LEVELS OF MILITARY STRENGTH AND
TRAINING.
(a) Active Duty Strength.--The Coast Guard is authorized an
end-of-year strength for active duty personnel of 39,000 as
of September 30, 1995. The authorized strength does not
include members of the Ready Reserve called to active duty
for special or emergency augmentation of regular Coast Guard
forces for periods of 180 days or less.
(b) Military Training Student Loads.--For fiscal year 1995,
the Coast Guard is authorized average military training
student loads as follows:
(1) For recruit and special training, 2,000 student years.
(2) For flight training, 133 student years.
(3) For professional training in military and civilian
institutions, 344 student years.
(4) For officer acquisition, 955 student years.
SEC. 703. DRUG INTERDICTION ACTIVITIES.
In addition to amounts otherwise authorized by this Act,
there are authorized to be appropriated to the Secretary of
Transportation for operation and maintenance expenses of
Coast Guard drug interdiction activities $21,000,000 for
fiscal year 1995.
TITLE VIII--COAST GUARD PERSONNEL MANAGEMENT IMPROVEMENT
SEC. 801. HURRICANE ANDREW RELIEF.
Section 2856 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484) applies to the military
personnel of the Coast Guard who were assigned to, or
employed at or in connection with, any Federal facility or
installation in the vicinity of Homestead Air Force Base,
Florida, including the areas of Broward, Collier, Dade, and
Monroe Counties, on or before August 24, 1992, except that--
(1) funds available to the Coast Guard, not to exceed a
total of $25,000, shall be used; and
(2) the Secretary of Transportation shall administer that
section with respect to such personnel.
SEC. 802. DISSEMINATION OF RESULTS OF 0-6 CONTINUATION
BOARDS.
Section 289(f) of title 14, United States Code, is amended
by striking ``Upon approval by the President, the names of
the officers selected for continuation on active duty by the
board shall be promptly disseminated to the service at
large.''.
SEC. 803. EXCLUDE CERTAIN RESERVES FROM END-OF-YEAR STRENGTH.
Section 712 of title 14, United States Code, is amended by
adding at the end the following:
``(d) Reserve members ordered to active duty under this
section shall not be counted in computing authorized strength
of members on active duty or members in grade under this
title or under any other law.''.
SEC. 804. PROVISION OF CHILD DEVELOPMENT SERVICES.
(a) In General.--Title 14, United States Code, is amended
by inserting after section 514 the following new section:
``Sec. 515. Child development services
``(a) The Commandant may make child development services
available for members and civilian employees of the Coast
Guard, and thereafter as space is available for members of
the Armed Forces and Federal civilian employees. Child
development services benefits provided under this section
shall be
[[Page 2451]]
in addition to benefits provided under other laws.
``(b)(1) Except as provided in paragraph (2), the
Commandant may require that amounts received as fees for the
provision of child development services under this section at
Coast Guard child development centers be used only for
compensation of Coast Guard child development center
employees who are directly involved in providing child care.
``(2) If the Commandant determines that compliance with the
limitation in paragraph (1) would result in an uneconomical
and inefficient use of amounts received as such fees, the
Commandant may (to the extent that such compliance would be
uneconomical and inefficient) use such amounts--
``(A) for the purchase of consumable or disposable items
for Coast Guard child development centers; and
``(B) if the requirements of such centers for consumable or
disposable items for a given fiscal year have been met, for
other expenses of those centers.
``(c) The Commandant may use Department of Defense or other
training programs to insure that all child development
services providers under this section meet minimum standards.
``(d) The Commandant may provide assistance to members and
civilian employees of the Coast Guard for obtaining services
of qualified family home child development services
providers. The cost per child to the Coast Guard of obtaining
those services may not exceed the average of the cost per
child incurred by the Coast Guard for child development
services provided at all Coast Guard child development
centers.
``(e)(1) Of the amounts available to the Coast Guard each
fiscal year for operating expenses (and in addition to
amounts received as fees), the Secretary shall use for child
development services under this section an amount equal to
the total amount the Commandant estimates will be received by
the Coast Guard in the fiscal year as fees for the provision
of those services.
``(2) The amount of funds used under paragraph (1) each
fiscal year shall not exceed $1,000,000.
``(f) For purposes of this section, the term `Coast Guard
child development center' does not include a child care
services facility for which space is allotted under section
616 of the Act of December 22, 1987 (40 U.S.C. 490b).
``(g) The Secretary shall promulgate regulations to
implement this section. The regulations shall establish fees
to be charged for child development services provided under
this section which are based on total family income.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 13 of title 14, United States Code, is
amended by inserting after the item related to section 514
the following:
``515. Child development services.''.
TITLE IX--NAVIGATION SAFETY AND WATERWAY SERVICES MANAGEMENT
SEC. 901. FOREIGN PASSENGER VESSEL USER FEES.
Section 3303 of title 46, United States Code, is amended--
(1) in subsection (a) by striking ``(a) Except as'' and
inserting ``Except as''; and
(2) by striking subsection (b).
SEC. 902. DOCUMENTATION VIOLATIONS.
(a) Civil Penalties.--Section 12122(a) of title 46, United
States Code, is amended by striking ``$500'' and inserting
``$25,000''.
(b) Seizure and Forfeiture.--
(1) In general.--Section 12122(b) of title 46, United
States Code, is amended to read as follows:
``(b) A vessel and its equipment are liable to seizure by
and forfeiture to the United States Government, if--
``(1) the owner of the vessel or a representative or agent
of the owner knowingly falsifies or conceals a material fact,
or makes a false statement or representation about the
documentation or in applying for documentation of the vessel;
``(2) a certificate of documentation is knowingly and
fraudulently used for the vessel;
``(3) the vessel is operated after its endorsement has been
denied or revoked under section 12123 of this title;
``(4) the vessel is employed in a trade without an
appropriate trade endorsement; or
``(5) in the case of a documented vessel with only a
recreational endorsement, the vessel is operated other than
for pleasure.''.
(2) Conforming amendment.--Section 12122(c) of title 46,
United States Code, is repealed.
(c) Limitation on Operation of Vessel With Only
Recreational Endorsement.--Section 12110(c) of title 46,
United States Code, is repealed.
(d) Termination of Restriction on Command of Recreational
Vessels.--
(1) Termination of restriction.--Subsection (d) of section
12110 of title 46, United States Code, is amended--
(A) by inserting ``, other than a vessel with only a
recreational endorsement operating within the territorial
waters of the United States,'' after ``A documented vessel'';
and
(B) by redesignating that subsection as subsection (c).
(2) Conforming amendment.--Section 12111(a)(2) of title 46,
United States Code, is amended by inserting before the period
the following: ``in violation of section 12110(c) of this
title''.
SEC. 903. CLERICAL AMENDMENT.
Chapter 121 of title 46, United States Code, is amended--
(1) by striking the first section 12123; and
(2) in the table of sections at the beginning of the
chapter by striking the first item relating to section 12123.
SEC. 904. RENEWAL OF HOUSTON-GALVESTON NAVIGATION SAFETY
ADVISORY COMMITTEE AND LOWER MISSISSIPPI RIVER
WATERWAY ADVISORY COMMITTEE.
The Coast Guard Authorization Act of 1991 (Public Law 102-
241, 105 Stat. 2208-2235) is amended--
(1) in section 18 by adding at the end the following:
``(h) The Committee shall terminate on October 1, 1999.'';
and
(2) in section 19 by adding at the end the following:
``(g) The Committee shall terminate on October 1, 1999.''.
TITLE X--MISCELLANEOUS PROVISIONS
SEC. 1001. OFFICER RETENTION UNTIL RETIREMENT ELIGIBLE.
Section 283(b) of title 14, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by striking the last sentence; and
(3) by adding at the end the following:
``(2) Upon the completion of a term under paragraph (1), an
officer shall, unless selected for further continuation--
``(A) except as provided in subparagraph (B), be honorably
discharged with severance pay computed under section 286 of
this title;
``(B) in the case of an officer who has completed at least
18 years of active service on the date of discharge under
subparagraph (A), be retained on active duty and retired on
the last day of the month in which the officer completes 20
years of active service, unless earlier removed under another
provision of law; or
``(C) if eligible for retirement under any law, be
retired.''.
SEC. 1002. CONTINUING OBLIGATION TO PROVIDE DOCUMENTATION
INFORMATION AT EXISTING LOCATIONS.
The Secretary of Transportation shall, until October 1,
1999, maintain an ability, at Coast Guard offices that are
located in the immediate vicinity of former regional vessel
documentation offices, to assist the public with information
on obtaining, altering, and renewing the documentation of a
vessel and on vessel documentation laws and regulations
generally.
SEC. 1003. CONTINUATION OF THE COMMERCIAL FISHING INDUSTRY
VESSEL ADVISORY COMMITTEE.
Subsection (e)(1) of section 4508 of title 46, United
States Code, is amended by striking ``September 30, 1994''
and inserting ``October 1, 1999''.
SEC. 1004. PROHIBITION ON STATION CLOSURES.
(a) Prohibition.--The Secretary of Transportation may not
close or consolidate any multimission small boat station in
fiscal year 1995 until the Secretary has submitted a list of
proposed station closures to the Committee on Merchant Marine
and Fisheries of the House of Representatives and to the
Committee on Commerce, Science, and Transportation of the
Senate.
(b) Deadline for Submission.--The Secretary shall submit
such list at least 60 days prior to any such closure or
consolidation.
SEC. 1005. RENEWAL OF THE NAVIGATION SAFETY ADVISORY COUNCIL.
Section 5 of the Inland Navigational Rules Act of 1980 (33
U.S.C. 2073) is amended in subsection (d) by striking
``September 30, 1995'' and inserting ``September 30, 2000''.
SEC. 1006. COAST GUARD RESERVE PEACETIME REQUIREMENTS PLAN.
No later than February 1, 1995, the Secretary of
Transportation shall submit to the Committee on Merchant
Marine and Fisheries of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a plan to more fully utilize the Coast Guard Selected
Reserve to augment peacetime operations. As part of the plan,
the Secretary shall include--
(1) methods to deliver more cost-effective Coast Guard
services by supplementing active duty personnel with Coast
Guard reservists while preserving the current level of
service to the public;
(2) methods to more fully integrate the Coast Guard Reserve
in peacetime Coast Guard programs, including, but not limited
to, search and rescue, marine safety, and marine
environmental protection;
(3) the most effective command structure for the Coast
Guard Reserve; and
(4) a specific estimate of the number of reservists needed
to augment peacetime Coast Guard missions under the plan.
SEC. 1007. PROHIBITION ON OVERHAUL, REPAIR, AND MAINTENANCE
OF COAST GUARD VESSELS IN FOREIGN SHIPYARDS.
(a) Prohibition.--Chapter 5 of title 14, United States
Code, is amended by adding at the end the following:
``Sec. 96. Prohibition on overhaul, repair, and maintenance
of Coast Guard vessels in foreign shipyards
``A Coast Guard vessel may not be overhauled, repaired, or
maintained in any shipyard located outside the United States,
except that this section does not apply to emergency
repairs.''.
(b) Clerical Amendment.--Title 14, United States Code, is
amended in the analysis at the beginning of chapter 5 by
adding at the end the following:
``96. Prohibition on overhaul, repair, and maintenance of Coast Guard
vessels in foreign shipyards.''.
[[Page 2452]]
SEC. 1008. ELECTRONIC FILING OF COMMERCIAL INSTRUMENTS.
Section 31321(a) of title 46, United States Code, is
amended by adding at the end the following new paragraph:
``(4)(A) A bill of sale, conveyance, mortgage, assignment,
or related instrument may be filed electronically under
regulations prescribed by the Secretary.
``(B) A filing made electronically under subparagraph (A)
shall not be effective after the 10-day period beginning on
the date of the filing unless the original instrument is
provided to the Secretary within that 10-day period.''.
SEC. 1009. SENSE OF THE CONGRESS REGARDING FUNDING FOR COAST
GUARD.
It is the sense of the Congress that in appropriating
amounts for the Coast Guard, the Congress should appropriate
amounts adequate to enable the Coast Guard to carry out all
extraordinary functions and duties the Coast Guard is
required to undertake in addition to its normal functions
established by law.
SEC. 1010. CONTRACTS FOR HEALTH CARE SERVICES.
(a) Chapter 17 of title 14, United States Code, is amended
by inserting after section 644 the following new section:
``Sec. 644a. Contracts for health care services
``(a) Subject to the availability of appropriations for
this purpose, the Commandant may enter into personal services
and other contracts to carry out health care responsibilities
pursuant to section 93 of this title and other applicable
provisions of law pertaining to the provision of health care
services to Coast Guard personnel and covered beneficiaries.
The authority provided in this subsection is in addition to
any other contract authorities of the Commandant provided by
law or as delegated to the Commandant from time to time by
the Secretary, including but not limited to authority
relating to the management of health care facilities and
furnishing of health care services pursuant to title 10 and
this title.
``(b) The total amount of compensation paid to an
individual in any year under a personal services contract
entered into under subsection (a) shall not exceed the amount
of annual compensation (excluding allowances for expenses)
allowable for such contracts entered into by the Secretary of
Defense pursuant to section 1091 of title 10.
``(c)(1) The Secretary shall promulgate regulations to
assure--
``(A) the provision of adequate notice of contract
opportunities to individuals residing in the area of a
medical treatment facility involved; and
``(B) consideration of interested individuals solely on the
basis of the qualifications established for the contract and
the proposed contract price.
``(2) Upon establishment of the procedures under paragraph
(1), the Secretary may exempt personal services contracts
covered by this section from the competitive contracting
requirements specified in section 2304 of title 10, or any
other similar requirements of law.
``(d) The procedures and exemptions provided under
subsection (c) shall not apply to personal services contracts
entered into under subsection (a) with entities other than
individuals or to any contract that is not an authorized
personal services contract under subsection (a).''.
(b) The table of sections for chapter 17 of title 14,
United States Code, is amended by inserting after the item
relating to section 644 the following:
``644a. Contracts for health care services.''.
(c) The amendments made by this section shall take effect
on October 1, 1994. Any personal services contract entered
into on behalf of the Coast Guard in reliance upon the
authority of section 1091 of title 10, United States Code,
before that date is confirmed and ratified and shall remain
in effect in accordance with the terms of the contract.
SEC. 1011. VESSEL FINANCING.
(a) Elimination of Mortgagee Restrictions.--Section
31322(a) of title 46, United States Code, is amended to read
as follows:
``(a) A preferred mortgage is a mortgage, whenever made,
that--
``(1) includes the whole of the vessel;
``(2) is filed in substantial compliance with section 31321
of this title; and
``(3)(A) covers a documented vessel; or
``(B) covers a vessel for which an application for
documentation is filed that is in substantial compliance with
the requirements of chapter 121 of this title and the
regulations prescribed under that chapter.''.
(b) Elimination of Trustee Restrictions.--
(1) Repeal.--Section 31328 of title 46, United States Code,
is repealed.
(2) Conforming amendment.--Section 31330(b) of title 46,
United States Code, is amended in paragraphs (1), (2), and
(3) by striking ``31328 or'' each place it appears.
(c) Removal of Mortgage Restrictions.--Section 9 of the
Shipping Act, 1916 (46 App. U.S.C. 808) is amended--
(1) in subsection (c)--
(A) by striking ``31328'' and inserting ``12106(e)''; and
(B) in paragraph (1) by striking ``mortgage,'' each place
it appears; and
(2) in subsection (d)--
(A) in paragraph (1) by striking ``transfer, or mortgage''
and inserting ``or transfer'';
(B) in paragraph (2) by striking ``transfers, or
mortgages'' and inserting ``or transfers'';
(C) in paragraph (3)(B) by striking ``transfers, or
mortgages'' and inserting ``or transfers''; and
(D) in paragraph (4) by striking ``transfers, or
mortgages'' and inserting ``or transfers''.
(d) Public Law 74-835 (49 Stat. 1985 et seq.) is amended in
section 615 by striking ``, until September 30, 1983,''; by
inserting ``use'' after ``this title to''; by striking
``tons'' and inserting ``regulatory tons built''; and by
repealing subsection (b).
(e) Lease Financing.--Section 12106 of title 46, United
States Code, is amended by adding at the end the following
new subsections:
``(e)(1) A certificate of documentation for a vessel may be
endorsed with a coastwise endorsement if--
``(A) the vessel is eligible for documentation under
section 12102;
``(B) the vessel is otherwise qualified under this section
to be employed in the coastwise trade;
``(C) the person that owns the vessel, or any other person
that owns or controls the person that owns the vessel, is
primarily engaged in leasing or other financing transactions;
``(D) the vessel is under a demise charter to a person
qualifying as a citizen of the United States for engaging in
the coastwise trade under section 2 of the Shipping Act,
1916; and
``(E) the demise charter is for--
``(i) a period of at least 3 years; or
``(ii) such shorter period as may be prescribed by the
Secretary.
``(2) On termination of a demise charter required under
paragraph (1)(D), the coastwise endorsement may be continued
for a period not to exceed 6 months on any terms and
conditions that the Secretary of Transportation may
prescribe.
``(f) For purposes of the first proviso of section 27 of
the Merchant Marine Act, 1920, section 2 of the Shipping Act,
1916, and section 12102(a), a vessel meeting the criteria of
subsection (d) or (e) is deemed to be owned exclusively by
citizens of the United States.''.
SEC. 1012. REPEAL OF GREAT LAKES ENDORSEMENTS.
(a) Repeal.--Section 12107 of title 46, United States Code,
is repealed.
(b) Conforming Amendments.--
(1) The analysis at the beginning of chapter 121 of title
46, United States Code, is amended by striking the item
relating to section 12107.
(2) Section 12101(b)(3) of title 46, United States Code, is
repealed.
(3) Section 4370(a) of the Revised Statutes of the United
States (46 App. U.S.C. 316(a)) is amended by striking ``or
12107''.
(4) Section 2793 of the Revised Statutes of the United
States (46 App. U.S.C. 111, 123; 19 U.S.C. 288) is amended by
striking ``coastwise, Great Lakes'' and inserting
``registry''.
(5) Section 441(6) of the Tariff Act of 1930 (19 U.S.C.
1441) is amended by striking ``with a Great Lakes endorsement
when towing vessels'' and inserting ``when towing vessels on
the Great Lakes or their tributary or connecting waters''.
(6) Public Law 74-835 (49 Stat. 1985 et seq.) is amended in
section 805(a) by striking ``1935'' each place it appears and
inserting ``1993''; and by repealing sections 605(c) and 610.
TITLE XI--RECREATIONAL BOATING SAFETY
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Recreational Boating
Safety Improvement Act of 1994''.
SEC. 1102. PERSONAL FLOTATION DEVICES REQUIRED FOR CHILDREN.
(a) Prohibition.--Section 4307(a) of title 46, United
States Code, is amended--
(1) in paragraph (2) by striking ``or'' after the semicolon
at the end;
(2) in paragraph (3) by striking the period and inserting
``; or''; and
(3) by adding at the end the following:
``(4) operate a recreational vessel under 26 feet in length
unless each individual 6 years of age or younger wears a
Coast Guard approved personal flotation device when the
individual is on an open deck of the vessel.''.
(b) State Authority Preserved.--Section 4307 of title 46,
United States Code, is further amended by adding at the end
the following:
``(c) Subsection (a)(4) shall not be construed to limit the
authority of a State to establish requirements relating to
the wearing of personal flotation devices on recreational
vessels that are more stringent than that subsection.''.
SEC. 1103. ALLOCATION OF FUNDS BASED ON STATE ADOPTION OF
LAWS REGARDING BOATING WHILE INTOXICATED.
Section 13103 of title 46, United States Code, is amended--
(1) by redesignating subsections (a), (b), and (c) in order
as subsections (b), (c), and (d);
(2) by inserting before subsection (b) (as so redesignated)
the following new subsection:
``(a)(1) Beginning in fiscal year 1998, of the amounts
transferred to the Secretary each fiscal year pursuant to
section 4(b) of the Act of August 9, 1950 (16 U.S.C.
777c(b)), the Secretary shall allocate for State recreational
boating safety programs $10,000,000 as follows:
``(A) One-half shall be allocated in accordance with
paragraph (2) among eligible States that--
``(i) prohibit operation of a recreational vessel by an
individual who is under the influence of alcohol or drugs;
and
``(ii) establish a blood alcohol concentration limit of .10
percent or less.
``(B) One-half shall be allocated in accordance with
paragraph (2) among eligible States that--
``(i) prohibit operation of a recreational vessel by an
individual who is under the influence of alcohol or drugs;
and
[[Page 2453]]
``(ii) establish an implied consent requirement that
specifies that an individual is deemed to have given their
consent to evidentiary testing for their blood alcohol
concentration or presence of other intoxicating substances.
``(2) Of the amount allocated under subparagraph (A) or (B)
of paragraph (1) each fiscal year--
``(A) one-half shall be allocated equally among all
eligible States receiving an allocation under that
subparagraph for the fiscal year; and
``(B) one-half shall be allocated among those eligible
States so that each such State receives an amount bearing the
same ratio to the total amount allocated under that
subparagraph for the fiscal year as the number of vessels
numbered in that State under a system approved under chapter
123 of this title bears to the total number of vessels
numbered under approved systems of all States receiving an
allocation under that subparagraph for the fiscal year.'';
(3) in subsection (b) (as so redesignated) in the matter
preceding paragraph (1) by inserting ``the balance of
remaining'' after ``allocate''; and
(4) by adding at the end the following new subsection:
``(e) A State shall not be ineligible for an allocation
under subsection (a) because of the adoption by the State of
any requirement relating to the operation of a recreational
vessel while under the influence of alcohol or drugs that is
more stringent than the requirements for receiving the
allocation.''.
SEC. 1104. MARINE CASUALTY REPORTING.
(a) Submission of Plan.--Not later than one year after
enactment of this Act, the Secretary of Transportation shall,
in consultation with appropriate State agencies, submit to
the Committee on Merchant Marine and Fisheries of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a plan to increase reporting
of vessel accidents to appropriate State law enforcement
officials.
(b) Penalties for Violating Reporting Requirements.--
Section 6103(a) of title 46, United States Code, is amended
by inserting ``or 6102'' after ``6101'' the second place it
appears.
SEC. 1105. REQUIRING VIOLATORS TO TAKE RECREATIONAL BOATING
SAFETY COURSE.
(a) Negligent Operation.--Section 2302 of title 46, United
States Code, is amended by adding at the end the following:
``(e) An individual operating a recreational vessel in
violation of this section shall complete a boating safety
course approved by the Secretary.''.
(b) Other Violations.--Section 4311 of title 46, United
States Code, is amended by adding at the end the following:
``(h) A person who operates a recreational vessel in
violation of this chapter or a regulation prescribed under
this chapter may be ordered to complete a recreational
boating safety course approved by the Secretary.''.
SEC. 1106. TECHNICAL CORRECTIONS.
Section 13108(a)(1) of title 46, United States Code, is
amended by--
(1) striking ``proceeding'' and inserting ``preceding'';
and
(2) striking ``Secertary'' and inserting ``Secretary''.
TITLE XII--COAST GUARD REGULATORY REFORM
SEC. 1201. SHORT TITLE.
This title may be cited as the ``Coast Guard Regulatory
Reform Act of 1994''.
SEC. 1202. SAFETY MANAGEMENT.
(a) Management of Vessels.--Title 46, United States Code,
is amended by adding after chapter 31 the following new
chapter:
``CHAPTER 32--MANAGEMENT OF VESSELS
``Sec.
``3201. Definitions.
``3202. Application.
``3203. Safety management system.
``3204. Implementation of safety management system.
``3205. Certification.
``Sec. 3201. Definitions
``In this chapter--
``(1) `International Safety Management Code' has the same
meaning given that term in chapter IX of the Annex to the
International Convention for the Safety of Life at Sea, 1974;
``(2) `responsible person' means--
``(A) the owner of a vessel to which this chapter applies;
or
``(B) any other person that has--
``(i) assumed the responsibility for operation of a vessel
to which this chapter applies from the owner; and
``(ii) agreed to assume with respect to the vessel
responsibility for complying with all the requirements of
this chapter and the regulations prescribed under this
chapter.
``(3) `vessel engaged on a foreign voyage' means a vessel
to which this chapter applies--
``(A) arriving at a place under the jurisdiction of the
United States from a place in a foreign country;
``(B) making a voyage between places outside the United
States; or
``(C) departing from a place under the jurisdiction of the
United States for a place in a foreign country.
``Sec. 3202. Application
``(a) Mandatory Application.--This chapter applies to the
following vessels engaged on a foreign voyage:
``(1) Beginning July 1, 1998--
``(A) a vessel transporting more than 12 passengers
described in section 2101(21)(A) of this title; and
``(B) a tanker, bulk freight vessel, or high-speed freight
vessel, of at least 500 gross tons.
``(2) Beginning July 1, 2002, a freight vessel and a mobile
offshore drilling unit of at least 500 gross tons.
``(b) Voluntary Application.--This chapter applies to a
vessel not described in subsection (a) of this section if the
owner of the vessel requests the Secretary to apply this
chapter to the vessel.
``(c) Exception.--Except as provided in subsection (b) of
this section, this chapter does not apply to--
``(1) a barge;
``(2) a recreational vessel not engaged in commercial
service;
``(3) a fishing vessel;
``(4) a vessel operating on the Great Lakes or its
tributary and connecting waters; or
``(5) a public vessel.
``Sec. 3203. Safety management system
``(a) In General.--The Secretary shall prescribe
regulations which establish a safety management system for
responsible persons and vessels to which this chapter
applies, including--
``(1) a safety and environmental protection policy;
``(2) instructions and procedures to ensure safe operation
of those vessels and protection of the environment in
compliance with international and United States law;
``(3) defined levels of authority and lines of
communications between, and among, personnel on shore and on
the vessel;
``(4) procedures for reporting accidents and
nonconformities with this chapter;
``(5) procedures for preparing for and responding to
emergency situations; and
``(6) procedures for internal audits and management reviews
of the system.
``(b) Compliance With Code.--Regulations prescribed under
this section shall be consistent with the International
Safety Management Code with respect to vessels engaged on a
foreign voyage.
``Sec. 3204. Implementation of safety management system
``(a) Safety Management Plan.--Each responsible person
shall establish and submit to the Secretary for approval a
safety management plan describing how that person and vessels
of the person to which this chapter applies will comply with
the regulations prescribed under section 3203(a) of this
title.
``(b) Approval.--Upon receipt of a safety management plan
submitted under subsection (a), the Secretary shall review
the plan and approve it if the Secretary determines that it
is consistent with and will assist in implementing the safety
management system established under section 3203.
``(c) Prohibition on Vessel Operation.--A vessel to which
this chapter applies under section 3202(a) may not be
operated without having on board a Safety Management
Certificate and a copy of a Document of Compliance issued for
the vessel under section 3205 of this title.
``Sec. 3205. Certification
``(a) Issuance of Certificate and Document.--After
verifying that the responsible person for a vessel to which
this chapter applies and the vessel comply with the
applicable requirements under this chapter, the Secretary
shall issue for the vessel, on request of the responsible
person, a Safety Management Certificate and a Document of
Compliance.
``(b) Maintenance of Certificate and Document.--A Safety
Management Certificate and a Document of Compliance issued
for a vessel under this section shall be maintained by the
responsible person for the vessel as required by the
Secretary.
``(c) Verification of Compliance.--The Secretary shall--
``(1) periodically review whether a responsible person
having a safety management plan approved under section
3204(b) and each vessel to which the plan applies is
complying with the plan; and
``(2) revoke the Secretary's approval of the plan and each
Safety Management Certificate and Document of Compliance
issued to the person for a vessel to which the plan applies,
if the Secretary determines that the person or a vessel to
which the plan applies has not complied with the plan.
``(d) Enforcement.--At the request of the Secretary, the
Secretary of the Treasury shall withhold or revoke the
clearance required by section 4197 of the Revised Statutes
(46 App. U.S.C. 91) of a vessel that is subject to this
chapter under section 3202(a) of this title or to the
International Safety Management Code, if the vessel does not
have on board a Safety Management Certificate and a copy of a
Document of Compliance for the vessel. Clearance may be
granted on filing a bond or other surety satisfactory to the
Secretary.''.
(b) Clerical Amendment.--The table of chapters at the
beginning of subtitle II of title 46, United States Code, is
amended by inserting after the item relating to chapter 31
the following:
``32. Management of vessels.................................3201''.....
(c) Study.--
(1) Study.--The Secretary of the department in which the
Coast Guard is operating shall conduct, in cooperation with
the owners, charterers, and managing operators of vessels
documented under chapter 121 of title 46, United States Code,
and other interested persons, a study of the methods that may
be used to implement and enforce the International Management
Code for the Safe Op-
[[Page 2454]]
eration of Ships and for Pollution Prevention under chapter
IX of the Annex to the International Convention for the
Safety of Life at Sea, 1974.
(2) Report.--The Secretary shall submit to the Congress a
report of the results of the study required under paragraph
(1) before the earlier of--
(A) the date that final regulations are prescribed under
section 3203 of title 46, United States Code (as enacted by
subsection (a); or
(B) the date that is 1 year after the date of enactment of
this Act.
SEC. 1203. USE OF REPORTS, DOCUMENTS, RECORDS, AND
EXAMINATIONS OF OTHER PERSONS.
(a) Reports, Documents, and Records.--Chapter 31 of title
46, United States Code, is amended by adding the following
new section:
``Sec. 3103. Use of reports, documents, and records
``The Secretary may rely, as evidence of compliance with
this subtitle, on--
``(1) reports, documents, and records of other persons who
have been determined by the Secretary to be reliable; and
``(2) other methods the Secretary has determined to be
reliable.''.
(b) Clerical Amendment.--The table of sections for chapter
31 of title 46, United States Code, is amended by adding at
the end the following:
``3103. Use of reports, documents, and records.''.
(c) Examinations.--Section 3308 of title 46, United States
Code, is amended by inserting ``or have examined'' after
``examine''.
SEC. 1204. EQUIPMENT APPROVAL.
(a) In General.--Section 3306(b) of title 46, United States
Code, is amended to read as follows:
``(b)(1) Equipment and material subject to regulation under
this section may not be used on any vessel without prior
approval of the Secretary.
``(2) Except with respect to use on a public vessel, the
Secretary may treat an approval of equipment or materials by
a foreign government as approval by the Secretary for
purposes of paragraph (1) if the Secretary determines that--
``(A) the design standards and testing procedures used by
that government meet the requirements of the International
Convention for the Safety of Life at Sea, 1974;
``(B) the approval of the equipment or material by the
foreign government will secure the safety of individuals and
property on board vessels subject to inspection; and
``(C) for lifesaving equipment, the foreign government--
``(i) has given equivalent treatment to approvals of
lifesaving equipment by the Secretary; and
``(ii) otherwise ensures that lifesaving equipment approved
by the Secretary may be used on vessels that are documented
and subject to inspection under the laws of that country.''.
(b) Foreign Approvals.--The Secretary of Transportation, in
consultation with other interested Federal agencies, shall
work with foreign governments to have those governments
approve the use of the same equipment and materials on
vessels documented under the laws of those countries that the
Secretary requires on United States documented vessels.
(c) Technical Amendment.--Section 3306(a)(4) of title 46,
United States Code, is amended by striking ``clauses (1)-
(3)'' and inserting ``paragraphs (1), (2), and (3)''.
SEC. 1205. FREQUENCY OF INSPECTION.
(a) Frequency of Inspection, Generally.--Section 3307 of
title 46, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``nautical school vessel'' and inserting
``, nautical school vessel, and small passenger vessel
allowed to carry more than 12 passengers on a foreign
voyage''; and
(B) by adding ``and'' after the semicolon at the end;
(2) by striking paragraph (2) and redesignating paragraph
(3) as paragraph (2); and
(3) in paragraph (2) (as so redesignated), by striking ``2
years'' and inserting ``5 years''.
(b) Conforming Amendment.--Section 3710(b) of title 46,
United States Code, is amended by striking ``24 months'' and
inserting ``5 years''.
SEC. 1206. CERTIFICATE OF INSPECTION.
Section 3309(c) of title 46, United States Code, is amended
by striking ``(but not more than 60 days)''.
SEC. 1207. DELEGATION OF AUTHORITY OF SECRETARY TO
CLASSIFICATION SOCIETIES.
(a) Authority To Delegate.--Section 3316 of title 46,
United States Code, is amended--
(1) by striking subsections (a) and (d);
(2) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively; and
(3) in subsection (b), as so redesignated, by--
(A) redesignating paragraph (2) as paragraph (3); and
(B) striking so much of the subsection as precedes
paragraph (3), as so redesignated, and inserting the
following:
``(b)(1) The Secretary may delegate to the American Bureau
of Shipping or another classification society recognized by
the Secretary as meeting acceptable standards for such a
society, for a vessel documented or to be documented under
chapter 121 of this title, the authority to--
``(A) review and approve plans required for issuing a
certificate of inspection required by this part;
``(B) conduct inspections and examinations; and
``(C) issue a certificate of inspection required by this
part and other related documents.
``(2) The Secretary may make a delegation under paragraph
(1) to a foreign classification society only--
``(A) to the extent that the government of the foreign
country in which the society is headquartered delegates
authority and provides access to the American Bureau of
Shipping to inspect, certify, and provide related services to
vessels documented in that country; and
``(B) if the foreign classification society has offices and
maintains records in the United States.''.
(b) Conforming Amendments.--(1) The heading for section
3316 of title 46, United States Code, is amended to read as
follows:
``Sec. 3316. Classification societies''.
(2) The table of sections for chapter 33 of title 46,
United States Code, is amended by striking the item relating
to section 3316 and inserting the following:
``3316. Classification societies.''.
SEC. 1208. STUDY OF MARINE CASUALTY REPORTING REQUIREMENTS.
The Coast Guard shall, within 9 months after the effective
date of this title, conduct a study of current regulatory
requirements regarding the reporting of marine casualties
under section 6101 of title 46, United States Code, to
determine whether--
(1) marine casualties should be classified according to the
seriousness of nonfatal casualties;
(2) further regulations pertaining to the necessity for
alcohol and drug testing for each classification need to be
proposed;
(3) the regulations may exclude certain non-serious
casualties from the requirement that drug or alcohol testing
be performed; and
(4) the reporting of certain marine casualties that may be
classified as minor may be done on a quarterly basis.
TITLE XIII--UNITED STATES CRUISE VESSEL DEVELOPMENT
SEC. 1301. SHORT TITLE.
This title may be cited as the ``United States Cruise
Vessel Development Act''.
SEC. 1302. PURPOSE.
The purpose of this title is to promote construction and
operation of United States flag cruise vessels in the United
States.
SEC. 1303. COASTWISE TRANSPORTATION OF PASSENGERS.
Section 8 of the Act entitled ``An Act to abolish certain
fees for official services to American vessels, and to amend
the laws relating to shipping commissioners, seamen, and
owners of vessels, and for other purposes'', approved June
19, 1886 (46 App. U.S.C. 289), is amended to read as follows:
``SEC. 8. COASTWISE TRANSPORTATION OF PASSENGERS.
``(a) In General.--Except as otherwise provided by law, a
vessel may transport passengers in coastwise trade only if--
``(1) the vessel is owned by a person that is--
``(A) an individual who is a citizen of the United States;
or
``(B) a corporation, partnership, or association that is a
citizen of the United States under section 2(a) of the
Shipping Act, 1916;
``(2) the vessel meets the requirements of section 27 of
the Merchant Marine Act, 1920; and
``(3) for a vessel that is at least 5 net tons, the vessel
is issued a certificate of documentation under chapter 121 of
title 46, United States Code, with a coastwise endorsement.
``(b) Exception for Vessel Under Demise Charter.--
``(1) In general.--Subsection (a)(1) does not apply to a
cruise vessel operating under a demise charter that--
``(A) has a term of at least 18 months; and
``(B) is to a person described in subsection (a)(1).
``(2) Extension of period for operation.--A cruise vessel
authorized to operate in coastwise trade under paragraph (1)
based on a demise charter described in paragraph (1) may
operate in that coastwise trade during a period following the
termination of the charter of not more than 6 months, if the
operation--
``(A) is approved by the Secretary; and
``(B) in accordance with such terms as may be prescribed by
the Secretary for that approval.
``(c) Exception for Vessel To Be Reflagged.--
``(1) Exception.--Subsection (a)(2) and section
12106(a)(2)(A) of title 46, United States Code, do not apply
to a cruise vessel if--
``(A) the vessel--
``(i) is not documented under chapter 121 of title 46,
United States Code, on the date of enactment of the United
States Cruise Vessel Development Act; and
``(ii) is not less than 5 years old and not more than 15
years old on the first date that the vessel is documented
under that chapter after that date of enactment; and
``(B) the owner or charterer of the vessel has entered into
a contract for the construction in the United States of
another cruise vessel that has a total berth or stateroom
capacity that is at least 80 percent of the capacity of the
cruise vessel.
``(2) Termination of authority to operate.--Paragraph (1)
does not apply to a vessel after the date that is 18 months
after the date on which a certificate of documentation
[[Page 2455]]
with a coastwise endorsement is first issued for the vessel
after the date of enactment of the United States Cruise
Vessel Development Act if, before the end of that 18-month
period, the keel of another vessel has not been laid, or
another vessel is not at a similar stage of construction,
under a contract required for the vessel under paragraph
(1)(B).
``(3) Extension of period before termination.--The
Secretary of Transportation may extend the period under
paragraph (2) for not more than 6 months for good cause
shown.
``(d) Limitation on Operations.--A person (including a
related person with respect to that person) that owns or
charters a cruise vessel operating in coastwise trade under
subsection (b) or (c) under a coastwise endorsement may not
operate any vessel between--
``(1) any 2 ports served by another cruise vessel that
transports passengers in coastwise trade under subsection (a)
on the date the Secretary issues the coastwise endorsement;
or
``(2) the islands of Hawaii.
``(e) Penalties.--
``(1) Civil penalty.--A person operating a vessel in
violation of this section is liable to the United States
Government for a civil penalty of $1,000 for each passenger
transported in violation of this section.
``(2) Forfeiture.--A vessel operated in knowing violation
of this section, and its equipment, are liable to seizure by
and forfeiture to the United States Government.
``(3) Disqualification from coastwise trade.--A person that
is required to enter into a construction contract under
subsection (c)(1)(B) with respect to a cruise vessel
(including any related person with respect to that person)
may not own or operate any vessel in coastwise trade after
the period applicable under subsection (c)(2) with respect to
the cruise vessel, if before the end of that period a keel is
not laid and a similar stage of construction is not reached
under such a contract.
``(f) Definitions.--In this section--
``(1) the term `coastwise trade' includes transportation of
a passenger between points in the United States, either
directly or by way of a foreign port;
``(2) the term `cruise vessel' means a vessel that--
``(A) is at least 10,000 gross tons (as measured under
chapter 143 of title 46, United States Code);
``(B) has berth or stateroom accommodations for at least
200 passengers; and
``(C) is not a ferry; and
``(3) the term `related person' means, with respect to a
person--
``(A) a holding company, subsidiary, affiliate, or
association of the person; and
``(B) an officer, director, or agent of the person or of an
entity referred to in subparagraph (A).''.
SEC. 1304. CONSTRUCTION STANDARDS.
Section 3309 of title 46, United States Code, is amended by
adding at the end the following:
``(d)(1) A vessel described in paragraph (3) is deemed to
comply with parts B and C of this subtitle.
``(2) The Secretary shall issue a certificate of inspection
under subsection (a) to a vessel described in paragraph (3).
``(3) A vessel is described in this paragraph if--
``(A) it meets the standards and conditions for the
issuance of a control verification certificate to a foreign
vessel embarking passengers in the United States;
``(B) a coastwise endorsement is issued for the vessel
under section 12106 of this title after the date of enactment
of the United States Cruise Vessel Development Act; and
``(C) the vessel is authorized to engage in coastwise trade
by reason of section 8(c) of the Act entitled `An Act to
abolish certain fees for official services to American
vessels, and to amend the laws relating to shipping
commissioners, seamen, and owners of vessels, and for other
purposes', approved June 19, 1886.''.
SEC. 1305. CITIZENSHIP FOR PURPOSES OF DOCUMENTATION.
Section 2 of the Shipping Act, 1916 (46 App. U.S.C. 802),
is amended--
(1) in subsection (a) by inserting ``other than primarily
in the transport of passengers,'' after ``the coastwise
trade''; and
(2) by adding at the end the following:
``(e) For purposes of determining citizenship under
subsection (a) with respect to operation of a vessel
primarily in the transport of passengers in coastwise trade,
the controlling interest in a partnership or association that
owns the vessel shall not be deemed to be owned by citizens
of the United States unless a majority interest in the
partnership or association is owned by citizens of the United
States free from any trust or fiduciary obligation in favor
of any person that is not a citizen of the United States.''.
SEC. 1306. LOAN GUARANTEES.
Title XI of the Act of June 29, 1936 (46 App. U.S.C. 1271
et seq.), is amended--
(1) in section 1101(b), by striking ``passenger cargo'' and
inserting ``passenger, cargo,''; and by striking ``owned by
citizens of the United States'';
(2) in section 1104B(a), in the material preceding
paragraph (1), by striking ``owned by citizens of the United
States'';
(3) in section 1110(a), by striking ``owned by citizens of
the United States''; and
(4) in section 1103, by adding at the end the following:
``(g) Notwithstanding any other law, the cost of a loan
guarantee commitment entered into under this title shall be
calculated using only the projected cost of that individual
guarantee.''.
SEC. 1307. PERMITS FOR VESSELS ENTERING UNITS OF NATIONAL
PARK SYSTEM.
(a) Priority.--Notwithstanding any other provision of law,
the Secretary of the Interior may not permit a person to
operate a vessel in any unit of the National Park System
except in accordance with the following priority:
(1) First, any person that--
(A) will operate a vessel that is documented under the laws
of, and the home port of which is located in, the United
States; or
(B) holds rights to provide visitor services under section
1307(a) of the Alaska National Interest Lands Conservation
Act (16 U.S.C. 3197(A)).
(2) Second, any person that will operate a vessel that--
(A) is documented under the laws of a foreign country, and
(B) on the date of the enactment of this Act is permitted
to be operated by the person in the unit.
(3) Third, any person that will operate a vessel other than
a vessel described in paragraph (1) or (2).
(b) Revocation of Permits for Foreign-Documented Vessels.--
The Secretary of the Interior shall revoke or refuse to renew
permission granted by the Secretary for the operation of a
vessel documented under the laws of a foreign country in a
unit of the National Park System, if--
(1) a person requests permission to operate a vessel
documented under the laws of the United States in that unit;
and
(2) the permission may not be granted because of a limit on
the number of permits that may be issued for that operation.
(c) Restrictions on Revocation of Permits.--The Secretary
of the Interior may not revoke or refuse to renew permission
under subsection (b) for any person holding rights to provide
visitor services under section 1307(a) of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3197(a)).
(d) Return of Permits.--Any person whose permission to
provide visitors services in a unit of the National Park
System has been revoked or not renewed under subsection (b)
shall have the right of first refusal to a permit to provide
visitors services in that unit of the National Park System
that becomes available when the conditions described in
subsection (b) no longer apply. Such right shall be limited
to the number of permits which are revoked or not renewed.
TITLE XIV--BOATING IMPROVEMENT
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Boating Improvement Act of
1994''.
SEC. 1402. BOATING SAFETY GRANTS.
(a) Transfer of Amounts for State Boating Safety
Programs.--
(1) Transfers.--Section 4(b) of the Act of August 9, 1950
(16 U.S.C. 777c(b)), is amended to read as follows:
``(b)(1) Of the balance of each annual appropriation
remaining after making the distribution under subsection (a),
an amount equal to $15,000,000 for fiscal year 1995,
$40,000,000 for fiscal year 1996, $55,000,000 for fiscal year
1997, and $69,000,000 for each of fiscal years 1998 and 1999,
shall, subject to paragraph (2), be used as follows:
``(A) A sum equal to $7,500,000 of the amount available for
fiscal year 1995, and a sum equal to $10,000,000 of the
amount available for each of fiscal years 1996 and 1997,
shall be available for use by the Secretary of the Interior
for grants under section 5604(c) of the Clean Vessel Act of
1992. Any portion of such a sum available for a fiscal year
that is not obligated for those grants before the end of the
following fiscal year shall be transferred to the Secretary
of Transportation and shall be expended by the Secretary of
Transportation for State recreational boating safety programs
under section 13106 of title 46, United States Code.
``(B) A sum equal to $7,500,000 of the amount available for
fiscal year 1995, $30,000,000 of the amount available for
fiscal year 1996, $45,000,000 of the amount available for
fiscal year 1997, and $59,000,000 of the amount available for
each of fiscal years 1998 and 1999, shall be transferred to
the Secretary of Transportation and shall be expended by the
Secretary of Transportation for State recreational boating
safety programs under section 13106 of title 46, United
States Code.
``(C) A sum equal to $10,000,000 of the amount available
for each of fiscal years 1998 and 1999 shall be available for
use by the Secretary of the Interior for--
``(i) grants under section 1403(e) of the Boating
Improvement Act of 1994; and
``(ii) grants under section 5604(c) of the Clean Vessel Act
of 1992.
Any portion of such a sum available for a fiscal year that is
not obligated for those grants before the end of the
following fiscal year shall be transferred to the Secretary
of Transportation and shall be expended by the Secretary of
Transportation for State recreational boating safety programs
under section 13106 of title 46, United States Code.
``(2)(A) Beginning with fiscal year 1996, the amount
transferred under paragraph (1)(B) for a fiscal year shall be
reduced by the lesser of--
``(i) the amount appropriated to the Secretary of
Transportation for that fiscal year to carry out the purposes
of section 13106 of title 46, United States Code, from the
Boat Safety Account in the Aquatic Resources Trust Fund
established under section 9504 of the Internal Revenue Code
of 1986; or
[[Page 2456]]
``(ii) $35,000,000; or
``(iii) for fiscal year 1996 only, $30,000,000.
``(B) The amount of any reduction under subparagraph (A)
shall be apportioned among the several States under
subsection (d) by the Secretary of the Interior.''.
(2) Conforming amendment.--Section 5604(c)(1) of the Clean
Vessel Act of 1992 (33 U.S.C. 1322 note) is amended by
striking ``section 4(b)(2) of the Act of August 9, 1950 (16
U.S.C. 777c(b)(2), as amended by this Act)'' and inserting
``section 4(b)(1) of the Act of August 9, 1950 (16 U.S.C.
777c(b)(1))''.
(3) Excess fy 1995 boat safety account funds transfer.--
Notwithstanding any other provision of law, $20,000,000 of
the annual appropriation from the Sport Fish Restoration
Account in fiscal year 1996 made in accordance with the
provisions of section 3 of the Act of August 9, 1950 (16
U.S.C. 777b), shall be excluded from the calculation of
amounts to be distributed under section 4(a) of such Act (16
U.S.C. 777c(a)).
(b) Expenditure of Amounts for State Recreational Boating
Safety Programs.--Section 13106 of title 46, United States
Code, is amended--
(1) in subsection (a)(1) by striking the first sentence and
inserting the following: ``Subject to paragraph (2), the
Secretary shall expend under contracts with States under this
chapter in each fiscal year for State recreational boating
safety programs an amount equal to the sum of the amount
appropriated from the Boat Safety Account for that fiscal
year plus the amount transferred to the Secretary under
section 4(b)(1) of the Act of August 9, 1950 (16 U.S.C.
777c(b)(1)) for that fiscal year.''; and
(2) by amending subsection (c) to read as follows:
``(c) For expenditure under this chapter for State
recreational boating safety programs there are authorized to
be appropriated to the Secretary of Transportation from the
Boat Safety Account established under section 9503(c)(4) of
the Internal Revenue Code of 1986 (26 U.S.C. 9503(c)(4)) not
more than $35,000,000 each fiscal year.''.
SEC. 1403. BOATING ACCESS.
(a) Findings.--The Congress makes the following findings:
(1) Nontrailerable recreational motorboats contribute 15
percent of the gasoline taxes deposited in the Aquatic
Resources Trust Fund while constituting less than 5 percent
of the recreational vessels in the United States.
(2) The majority of recreational vessel access facilities
constructed with Aquatic Resources Trust Fund moneys benefit
trailerable recreational vessels.
(3) More Aquatic Resources Trust Fund moneys should be
spent on recreational vessel access facilities that benefit
recreational vessels that are nontrailerable vessels.
(b) Purpose.--The purpose of this section is to provide
funds to States for the development of public facilities for
transient nontrailerable vessels.
(c) Survey.--Within 18 months after the date of the
enactment of this Act, any State may complete and submit to
the Secretary of the Interior a survey which identifies--
(1) the number and location in the State of all public
facilities for transient nontrailerable vessels; and
(2) the number and areas of operation in the State of all
nontrailerable vessels that operate on navigable waters in
the State.
(d) Plan.--Within 6 months after submitting a survey to the
Secretary of the Interior in accordance with subsection (c),
a State may develop and submit to the Secretary of the
Interior a plan for the construction and renovation of public
facilities for transient nontrailerable vessels to meet the
needs of nontrailerable vessels operating on navigable waters
in the State.
(e) Grant Program.--
(1) Matching grants.--The Secretary of the Interior may
obligate not less than \1/2\ of the amount made available for
each of fiscal years 1998 and 1999 under section 4(b)(1)(C)
of the Act of August 9, 1950, as amended by section
1402(a)(1) of this title, to make grants to any State to pay
not more than 75 percent of the cost of constructing or
renovating public facilities for transient nontrailerable
vessels.
(2) Priorities.--
(A) In general.--In awarding grants under this subsection,
the Secretary of the Interior shall give priority to projects
that consist of the construction or renovation of public
facilities for transient nontrailerable vessels in accordance
with a plan submitted by a State submitted under subsection
(b).
(B) Within state.--In awarding grants under this subsection
for projects in a particular State, the Secretary of the
Interior shall give priority to projects that are likely to
serve the greatest number of nontrailerable vessels.
SEC. 1404. DEFINITIONS.
For the purpose of this title the term--
(1) ``Act of August 9, 1950'' means the Act entitled ``An
Act to provide that the United States shall aid the States in
fish restoration and management projects, and for other
purposes'', approved August 9, 1950 (16 U.S.C. 777a et seq.);
(2) ``nontrailerable vessel'' means a recreational vessel
greater than 26 feet in length;
(3) ``public facilities for transient nontrailerable
vessels'' means mooring buoys, day-docks, seasonal slips or
similar structures located on navigable waters, that are
available to the general public and designed for temporary
use by nontrailerable vessels;
(4) ``recreational vessel'' means a vessel--
(A) operated primarily for pleasure; or
(B) leased, rented, or chartered to another for the
latter's pleasure; and
(5) ``State'' means each of the several States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands.
TITLE XV--TOWING VESSEL NAVIGATIONAL SAFETY
SEC. 1501. SHORT TITLE.
This title may be cited as the ``Towing Vessel Navigational
Safety Act of 1994''.
SEC. 1502. MINIMUM NAVIGATIONAL SAFETY EQUIPMENT FOR TOWING
VESSELS.
(a) In General.--Section 4102 of title 46, United States
Code, is amended by adding at the end the following:
``(f)(1) In prescribing regulations for towing vessels, the
Secretary shall--
``(A) consider the characteristics, methods of operation,
and nature of the service of towing vessels;
``(B) consult with the Towing Safety Advisory Committee;
and
``(C) require, to the extent appropriate, the installation,
maintenance, and use of and familiarity with the following
equipment on each towing vessel, other than a towing vessel
that is used only for towing disabled vessels:
``(i) A radar system.
``(ii) An electronic position-fixing device.
``(iii) A sonic depth finder.
``(iv) A compass or swing meter.
``(v) Adequate towing wire and associated equipment.
``(vi) Up-to-date navigational charts and publications for
the areas normally transited by the vessel.
``(vii) Other safety equipment the Secretary determines to
be necessary.
``(2) The Secretary shall establish in regulations under
this chapter requirements that--
``(A) any equipment required on a towing vessel under
paragraph (1) shall be maintained in effective operating
condition; and
``(B) if such equipment on a vessel ceases to operate, the
master of the vessel shall exercise due diligence to restore
the equipment to effective operating condition, or cause it
to be restored to that condition, at the earliest practicable
date.''.
(b) Regulations.--The Secretary of Transportation shall
issue regulations by not later than 12 months after the date
of the enactment of this Act, prescribing navigational
publication and equipment requirements under subsection (f)
of section 4102 of title 46, United States Code, as added by
subsection (a) of this section.
SEC. 1503. REPORTING MARINE CASUALTIES.
(a) Expedited Reporting Required.--Section 6101(b) of title
46, United States Code, is amended by striking ``within 5
days'' and inserting ``by as soon as practicable, but in no
case later than within 5 days,''.
(b) Penalty for Failure To Report a Casualty.--Section
6103(a) of title 46, United States Code is amended by
striking ``$1,000'' and inserting ``not more than $25,000''.
SEC. 1504. REPORT ON FEASIBILITY OF ESTABLISHING A
DIFFERENTIAL GLOBAL POSITIONING SATELLITE
NAVIGATION SYSTEM AND ELECTRONIC CHARTS FOR
INLAND WATERWAYS.
Not later than 6 months after the date of the enactment of
this Act, the Secretary of Transportation shall submit a
report to the Congress on the feasibility of establishing a
differential global positioning satellite navigation system
and creating electronic charts for the inland waterways of
the United States.
SEC. 1505. PROTECTION OF SEAMEN AGAINST DISCRIMINATION.
Section 2114 of title 46, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) An owner, charterer, managing operator, agent,
master, or individual in charge of a vessel may not discharge
or in any manner discriminate against a seaman because the
seaman--
``(1) in good faith has reported or is about to report to
the Coast Guard that the seaman believes that a violation of
this subtitle, or a regulation issued under this subtitle,
has occurred; or
``(2) refuses to violate this subtitle or a regulation
issued under this subtitle.''; and
(2) in subsection (b)--
(A) in paragraph (1) by striking ``and'' after the
semicolon;
(B) in paragraph (2) by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(3) an award of costs and reasonable attorney's fees to
the prevailing plaintiff.''.
SEC. 1506. MANNING AND LICENSING REQUIREMENTS FOR TOWING
VESSELS.
(a) Manning Requirements.--Section 8904 of title 46, United
States Code, is amended by adding at the end the following:
``(c) A towing vessel that is at least 26 feet in length,
other than a vessel referred to in subsection (b), shall--
``(1) while being operated, have on board an individual
licensed by the Secretary as a master of that type of towing
vessel; and
``(2) be operated by an individual licensed by the
Secretary to operate that type of towing vessel.''.
(b) Regulations Establishing Licenses for Masters and
Operators.--Section 7101 of title 46, United States Code, is
amended by adding at the end the following:
``(j)(1) The Secretary shall prescribe regulations which
establish licenses for masters and mates of towing vessels.
[[Page 2457]]
``(2) Regulations under this subsection shall provide that
an individual may be issued a license as a master or mate of
a towing vessel only if the individual--
``(A) demonstrates proficiency in the use of the equipment
required pursuant to section 4102(f)(1)(C) of this title; and
``(B) demonstrates proficiency in operating a towing
vessel.
``(3) Regulations under this subsection may establish
standards and procedures under which the Secretary may
delegate, to individuals who have experience in the operation
of towing vessels and to other qualified persons, the
authority to conduct examinations required for the issuance
of a license as a master or mate of a towing vessel.''.
(c) Existing Uninspected Towing Vessel Operator License
Holders.--An uninspected towing vessel operator license that
is valid on the effective date of this section shall be valid
as a master or mate license required by section 8904 of title
46, United States Code, as amended by this section, until
otherwise required to be renewed. The Secretary shall require
that an individual applying for a first renewal of such a
license as a master or mate license under that section
demonstrate proficiency under the requirements of section
7101(j) of title 46, United States Code, as added by this
section.
(d) Effective Date.--The amendments made by this section,
other than the amendments made by subsection (e), shall take
effect 2 years after the date of the enactment of this Act.
(e) Deadline for Regulations.--The Secretary of the
department in which the Coast Guard is operating shall issue
regulations under the amendments made by this section by not
later than 1 year after the date of the enactment of this
Act.
SEC. 1507. CIVIL PENALTIES.
(a) Prohibited Operation of Uninspected Towing Vessel,
Generally.--Section 4106 of title 46, United States Code, is
amended by striking ``$5,000'' and inserting ``$25,000''.
(b) Operation of Uninspected Towing Vessel in Violation of
Manning Requirements.--Section 8906 of title 46, United
States Code, is amended by striking ``$1,000'' and inserting
``not more than $25,000''.
SEC. 1508. MODEL TOWING VESSEL COMPANY INSPECTION PROGRAM.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of the department in
which the Coast Guard is operating, in consultation with the
Towing Safety Advisory Committee, shall--
(1) develop a model towing vessel company inspection
program, including a Coast Guard boarding program to
determine compliance with the model program; and
(2) submit to the Congress for its approval the model
program and a description of the statutory changes necessary
to implement the model program.
(b) Savings.--The requirement to submit a model program
under subsection (a) shall not be construed to supersede or
modify the authority of the Coast Guard to inspect vessels
under title 46, United States Code.
TITLE XVI--MERCHANT MARINER BENEFITS
SEC. 1601. MERCHANT MARINER BENEFITS.
(a) Part G of subtitle II, title 46, United States Code, is
amended by adding the following new chapter:
``Chapter 112--MERCHANT MARINER BENEFITS
``Sec.
``11201. Qualified service.
``11202. Qualified service benefits.
``Sec. 11201. Qualified service
``An individual who was in training for, or who served as a
member of, the United States merchant marine during World War
II, including the Army Transport Service and the Naval
Transportation Service, or who received a notice of
induction, before September 2, 1945, is deemed to have been
engaged in qualified service for purposes of this chapter.
``Sec. 11202. Qualified service benefits
``(a) An individual who believes that individual performed
qualified service under section 11201 of this chapter may
apply to the Secretary. Not later than 180 days after the
Secretary receives an application under this section, the
Secretary shall determine whether the individual performed
qualified service.
``(b) The Secretary shall issue an honorable discharge to
an individual who performed qualified service as determined
by the Secretary under subsection (a). The Secretary shall
issue the discharge subject to the standards that apply to
honorable discharges issued under section 401(a)(1)(b) of the
GI Bill Improvement Act of 1977 (38 U.S.C. 106 note).
``(c) The qualified service of an individual who--
``(1) receives an honorable discharge under subsection (b);
and
``(2) is not eligible for benefits under a law administered
by the Secretary of Veterans Affairs--
shall be treated as active duty in the armed forces during a
period of war for purposes of eligibility for benefits under
chapters 23 and 24 of title 38, United States Code.
``(d) The Secretary shall reimburse the Secretary of
Veterans Affairs for the value of benefits provided to an
individual by reason of eligibility under this chapter.
``(e) An individual is not entitled to, and may not
receive, benefits under this chapter for any period before
the date of enactment of this chapter.''.
(b) The analysis at the beginning of subtitle II of title
46, United States Code, is amended by inserting after the
item relating to chapter 111 the following:
``112. Merchant mariners benefits.........................11201.''.....
TITLE XVII--LIGHTHOUSE AND OTHER PROPERTY CONVEYANCES
SEC. 1701. CONVEYANCE OF COAST GUARD PROPERTY IN TRAVERSE
CITY, MICHIGAN.
(a) Requirement.--The Secretary of Transportation (or any
other official having control over the property described in
subsection (b)) shall expeditiously convey to the Traverse
City Area Public School District in Traverse City, Michigan,
without consideration, all right, title, and interest of the
United States in and to the property described in subsection
(b), subject to all easements and other interests in the
property held by any other person.
(b) Property Described.--The property referred to in
subsection (a) is real property located in the city of
Traverse City, Grand Traverse County, Michigan, and
consisting of that part of the southeast \1/4\ of Section 12,
Township 27 North, Range 11 West, described as: Commencing at
the southeast \1/4\ corner of said Section 12, thence north
03 degrees 05 minutes 25 seconds east along the East line of
said Section, 1074.04 feet, thence north 86 degrees 36
minutes 50 seconds west 207.66 feet, thence north 03 degrees
06 minutes 00 seconds east 572.83 feet to the point of
beginning, thence north 86 degrees 54 minutes 00 seconds west
1,751.04 feet, thence north 03 degrees 02 minutes 38 seconds
east 330.09 feet, thence north 24 degrees 04 minutes 40
seconds east 439.86 feet, thence south 86 degrees 56 minutes
15 seconds east 116.62 feet, thence north 03 degrees 08
minutes 45 seconds east 200.00 feet, thence south 87 degrees
08 minutes 20 seconds east 68.52 feet, to the southerly
right-of-way of the C & O Railroad, thence south 65 degrees
54 minutes 20 seconds east along said right-of-way 1508.75
feet, thence south 03 degrees 06 minutes 00 seconds west
400.61 to the point of beginning, consisting of 27.10 acres
of land, and all improvements located on that property
including buildings, structures, and equipment.
(c) Reversionary Interest.--In addition to any term or
condition established pursuant to subsection (a), any
conveyance of property described in subsection (b) shall be
subject to the condition that all right, title, and interest
in and to the property so conveyed shall immediately revert
to the United States if the property, or any part thereof,
ceases to be used by the Traverse City School District.
SEC. 1702. TRANSFER OF COAST GUARD PROPERTY IN KETCHIKAN,
ALASKA.
(a) Conveyance Requirement.--The Secretary of
Transportation, in cooperation with the Administrator of
General Services, shall convey to the Ketchikan Indian
Corporation in Ketchikan, Alaska, without reimbursement and
by no later than 120 days after the date of enactment of this
Act, all right, title, and interest of the United States in
and to the property known as the ``Former Marine Safety
Detachment'' as identified in Report of Excess Number CG-689
(GSA Control Number 9-U-AK-0747) and described in subsection
(b), for use by the Ketchikan Indian Corporation as a health
or social services facility.
(b) Property Described.--The property referred to in
subsection (a) is real property located in the city of
Ketchikan, Township 75 south, range 90 east, Copper River
Meridian, First Judicial District, State of Alaska, and
commencing at corner numbered 10, United States Survey
numbered 1079, the true point of beginning for this
description: Thence north 24 degrees 04 minutes east, along
the 10-11 line of said survey a distance of 89.76 feet to
corner numbered 1 of lot 5B; thence south 65 degrees 56
minutes east a distance of 345.18 feet to corner numbered 2
of lot 5B; thence south 24 degrees 04 minutes west a distance
of 101.64 feet to corner numbered 3 of lot 5B; thence north
64 degrees 01 minute west a distance of 346.47 feet to corner
numbered 10 of said survey, to the true point of beginning,
consisting of 0.76 acres (more or less), and all improvements
located on that property, including buildings, structures,
and equipment.
(c) Reversionary Interest.--In addition to any term or
condition established pursuant to subsection (a), any
conveyance of property described in subsection (b) shall be
subject to the condition that all right, title, and interest
in and to the property so conveyed shall immediately revert
to the United States if the property, or any part thereof,
ceases to be used by the Ketchikan Indian Corporation as a
health or social services facility.
SEC. 1703. CONVEYANCE OF LIGHT STATION MONTAUK POINT, NEW
YORK.
(a) Conveyance Requirement.--
(1) Requirement.--The Secretary of Transportation shall
convey to the Montauk Historical Association in Montauk, New
York, by an appropriate means of conveyance, all right,
title, and interest of the United States in and to property
comprising Light Station Montauk Point, located at Montauk,
New York.
(2) Determination of property.--The Secretary may identify,
describe, and determine the property to be conveyed pursuant
to this section.
(b) Terms of Conveyance.--
(1) In general.--A conveyance of property pursuant to this
section shall be made--
(A) without the payment of consideration; and
(B) subject to the conditions required by paragraphs (3)
and (4) and such other terms
[[Page 2458]]
and conditions as the Secretary may consider appropriate.
(2) Reversionary interest.--In addition to any term or
condition established pursuant to paragraph (1), any
conveyance of property comprising the Montauk Light Station
pursuant to subsection (a) shall be subject to the condition
that all right, title, and interest in and to the property so
conveyed shall immediately revert to the United States if the
property, or any part thereof--
(A) ceases to be maintained as a nonprofit center for
public benefit for the interpretation and preservation of the
material culture of the United States Coast Guard, the
maritime history of Montauk, New York, and Native American
and colonial history;
(B) ceases to be maintained in a manner that ensures its
present or future use as a Coast Guard aid to navigation; or
(C) ceases to be maintained in a manner consistent with the
provisions of the National Historic Preservation Act (16
U.S.C. 470 et seq.).
(3) Maintenance of navigation and functions.--Any
conveyance of property pursuant to this section shall be
subject to such conditions as the Secretary considers to be
necessary to assure that--
(A) the light, antennas, sound signal, and associated
lighthouse equipment located on the property conveyed, which
are active aids to navigation, shall continue to be operated
and maintained by the United States for as long as they are
needed for this purpose;
(B) the Montauk Historical Association may not interfere or
allow interference in any manner with such aids to navigation
without express written permission from the United States;
(C) there is reserved to the United States the right to
replace, or add any aids to navigation, or make any changes
to the Montauk Lighthouse as may be necessary for navigation
purposes;
(D) the United States shall have the right, at any time, to
enter the property conveyed without notice for the purpose of
maintaining navigation aids;
(E) the United States shall have an easement of access to
such property for the purpose of maintaining the navigational
aids in use on the property; and
(F) the Montauk Light Station shall revert to the United
States at the end of the 30-day period beginning on any date
on which the Secretary of Transportation provides written
notice to the Montauk Historical Association that the Montauk
Light Station is needed for national security purposes.
(4) Maintenance of light station.--Any conveyance of
property under this section shall be subject to the condition
that the Montauk Historical Association shall maintain the
Montauk Light Station in accordance with the provisions of
the National Historic Preservation Act (16 U.S.C. 470 et
seq.) and other applicable laws.
(5) Limitation on obligations of montauk historical
association.--The Montauk Historical Association shall not
have any obligation to maintain any active aid to navigation
equipment on property conveyed pursuant to this section.
(c) For purposes of this section--
(1) the term ``Montauk Light Station'' means the Coast
Guard light station known as Light Station Montauk Point,
located at Montauk, New York, including the keeper's
dwellings, adjacent Coast Guard rights of way, the World War
II submarine spotting tower, the lighthouse tower, and the
paint locker; and
(2) the term ``Montauk Lighthouse'' means the Coast Guard
lighthouse located at the Montauk Light Station.
SEC. 1704. CONVEYANCE OF CAPE ANN LIGHTHOUSE.
(a) Authority To Convey.--
(1) In general.--The Secretary of Transportation shall
convey to the town of Rockport, Massachusetts, by an
appropriate means of conveyance, all right, title, and
interest of the United States in and to the property
comprising the Cape Ann Lighthouse, located on Thachers
Island, Massachusetts.
(2) Identification of property.--The Secretary may
identify, describe, and determine the property to be conveyed
pursuant to this subsection.
(b) Terms of Conveyance.--
(1) In general.--The conveyance of property pursuant to
this section shall be made--
(A) without payment of consideration; and
(B) subject to the conditions required by paragraphs (3)
and (4) and other terms and conditions the Secretary may
consider appropriate.
(2) Reversionary interest.--In addition to any term or
condition established pursuant to paragraph (1), the
conveyance of property pursuant to this section shall be
subject to the condition that all right, title, and interest
in the Cape Ann Lighthouse shall immediately revert to the
United States if the Cape Ann Lighthouse, or any part of the
property--
(A) ceases to be used as a nonprofit center for the
interpretation and preservation of maritime history;
(B) ceases to be maintained in a manner that ensures its
present or future use as a Coast Guard aid to navigation; or
(C) ceases to be maintained in a manner consistent with the
provisions of the National Historic Preservation Act of 1966
(16 U.S.C. 470 et seq.).
(3) Maintenance and navigation functions.--The conveyance
of property pursuant to this section shall be made subject to
the conditions that the Secretary considers to be necessary
to assure that--
(A) the lights, antennas, and associated equipment located
on the property conveyed, which are active aids to
navigation, shall continue to be operated and maintained by
the United States;
(B) the town of Rockport may not interfere or allow
interference in any manner with aids to navigation without
express written permission from the Secretary of
Transportation;
(C) there is reserved to the United States the right to
relocate, replace, or add any aid to navigation or make any
changes to the Cape Ann Lighthouse as may be necessary for
navigational purposes;
(D) the United States shall have the right, at any time, to
enter the property without notice for the purpose of
maintaining aids to navigation; and
(E) the United States shall have an easement of access to
the property for the purpose of maintaining the aids to
navigation in use on the property.
(4) Obligation limitation.--The town of Rockport is not
required to maintain any active aid to navigation equipment
on property conveyed pursuant to this section.
(5) Property to be maintained in accordance with certain
laws.--The town of Rockport shall maintain the Cape Ann
Lighthouse in accordance with the National Historic
Preservation Act of 1966 (16 U.S.C. 470 et seq.), and other
applicable laws.
(c) Definitions.--For purposes of this section, the term
``Cape Ann Lighthouse'' means the Coast Guard property
located on Thachers Island, Massachusetts, except any
historical artifact, including any lens or lantern, located
on the property at or before the time of the conveyance.
SEC. 1705. TRANSFER OF OCRACOKE LIGHT STATION TO SECRETARY OF
THE INTERIOR.
The Secretary of Transportation shall transfer
administrative jurisdiction over the Federal property,
consisting of approximately 2 acres, known as the Ocracoke
Light Station, to the Secretary of the Interior, subject to
such reservations, terms, and conditions as may be necessary
for Coast Guard purposes. All property so transferred shall
be included in and administered as part of the Cape Hatteras
National Seashore.
SEC. 1706. SQUIRREL POINT LIGHTHOUSE.
(a) Conveyance Authorization.--
(1) Authorization.--The Secretary of Transportation may
convey to Squirrel Point Associates, Inc., by an appropriate
means of conveyance, all right, title, and interest of the
United States in and to property comprising Squirrel Point
Lighthouse, located in the town of Arrowsic, Maine.
(2) Identification of property.--The Secretary may
identify, describe, and determine the property to be conveyed
pursuant to this subsection.
(b) Terms of Conveyance.--
(1) In general.--A conveyance of property pursuant to this
section shall be made--
(A) without payment of consideration; and
(B) subject to the conditions required by paragraphs (3)
and (4) and such other terms and conditions as the Secretary
may consider appropriate.
(2) Reversionary interest.--In addition to any term or
condition established pursuant to paragraph (1), any
conveyance of property comprising the Squirrel Point
Lighthouse pursuant to subsection (a) shall be subject to the
condition that all right, title, and interest in and to the
property so conveyed shall immediately revert to the United
States if the property, or any part thereof--
(A) ceases to be maintained as a nonprofit center for
public benefit for the interpretation and preservation of the
material culture of the United States Coast Guard and the
maritime history of Maine;
(B) ceases to be maintained in a manner that ensures its
present or future use as a Coast Guard aid to navigation; or
(C) ceases to be maintained in a manner consistent with the
provisions of the National Historic Preservation Act (16
U.S.C. 470 et seq.).
(3) Maintenance of navigation and functions.--Any
conveyance of property pursuant to this section shall be
subject to such conditions as the Secretary considers to be
necessary to assure that--
(A) the light, antennas, sound signal, and associated
lighthouse equipment located on the property conveyed, which
are active aids to navigation, shall continue to be operated
and maintained by the United States for as long as they are
needed for this purpose;
(B) the Squirrel Point Associates, Inc., may not interfere
or allow interference in any manner with such aids to
navigation without express written permission from the United
States;
(C) there is reserved to the United States the right to
replace, or add any aids to navigation, or make any changes
to the Squirrel Point Lighthouse as may be necessary for
navigation purposes;
(D) the United States shall have the right, at any time, to
enter the property conveyed without notice for the purpose of
maintaining navigation aids; and
(E) the United States shall have an easement of access to
such property for the purpose of maintaining the navigational
aids in use on the property.
(4) Maintenance of lighthouse.--Any conveyance of property
under this section shall be subject to the condition that the
Squirrel Point Associates shall maintain the Eastern Point
Lighthouse in accordance with the provisions of the National
Historic Preservation Act (16 U.S.C. 470 et seq.) and other
applicable laws.
(5) Obligation limitation.--The Squirrel Point Associates,
Inc., shall not have any ob-
[[Page 2459]]
ligation to maintain any active aid to navigation equipment
on the property conveyed pursuant to this section.
(c) Definitions.--For purposes of this section, the term
``Squirrel Point Lighthouse'' means the Coast Guard property
located in the town of Arrowsic, County of Sagadahoc, Maine,
including the light tower, dwelling, boathouse, oil house,
barn, any other ancillary buildings, and such land as may be
necessary to enable Squirrel Point Associates, Inc., to
operate a nonprofit center for public benefit, except any
historical artifact, including any lens or lantern, located
on the property at or before the time of the conveyance.
SEC. 1707. CONVEYANCE OF CERTAIN LIGHTHOUSES LOCATED IN
MAINE.
(a) Authority To Convey.--
(1) In general.--Subject to paragraphs (3) and (4), the
Secretary of Transportation may convey, without
consideration, to the Island Institute, Rockland, Maine (in
this section referred to as the ``Institute''), all right,
title, and interest of the United States in and to any of the
facilities and real property and improvements described in
paragraph (2).
(2) Covered facilities.--Paragraph (1) applies to
lighthouses, together with any real property and other
improvements associated therewith, located in the State of
Maine as follows:
(A) Whitehead Island Light.
(B) Deer Island Thorofare (Mark Island) Light.
(C) Burnt Island Light.
(D) Rockland Harbor Breakwater Light.
(E) Monhegan Island Light.
(F) Eagle Island Light.
(G) Curtis Island Light.
(H) Moose Peak Light.
(I) Great Duck Island Light.
(J) Goose Rocks Light.
(K) Isle au Haut Light.
(L) Goat Island Light.
(M) Wood Island Light.
(N) Doubling Point Light.
(O) Doubling Point Front Range Light.
(P) Doubling Point Rear Range Light.
(Q) Little River Light.
(R) Spring Point Ledge Light.
(S) Ram Island Light (Boothbay).
(T) Seguin Island Light.
(U) Marshall Point Light.
(V) Fort Point Light.
(W) West Quoddy Head Light.
(X) Brown's Head Light.
(Y) Cape Neddick Light.
(Z) Halfway Rock Light.
(AA) Ram Island Ledge Light.
(BB) Mount Desert Rock Light.
(CC) Whitlock's Mill Light.
(3) Limitation on conveyance.--The Secretary shall retain
all right, title, and interest of the United States in and to
any historical artifact, including any lens or lantern, that
is associated with the lighthouses conveyed under this
subsection, whether located at the lighthouse or elsewhere.
The Secretary shall identify any equipment, system, or object
covered by this paragraph.
(4) Deadline for conveyance.--The conveyances authorized by
this subsection shall take place, if at all, not later than 5
years after the date of the enactment of this Act.
(5) Additional conveyances to united states fish and
wildlife service.--The Secretary may transfer, in accordance
with the terms and conditions of subsection (b), the
following lighthouses, together with any real property and
improvements associated therewith, directly to the United
States Fish and Wildlife Service:
(A) Two Bush Island Light.
(B) Egg Rock Light.
(C) Libby Island Light.
(D) Matinicus Rock Light.
(b) Conditions of Conveyance.--The conveyance of a
lighthouse, and any real property and improvements associated
therewith, under subsection (a) shall be subject to the
following conditions:
(1) That the lighthouse and any such property and
improvements be used for educational, historic, recreational,
cultural, and wildlife conservation programs for the general
public and for such other uses as the Secretary determines to
be not inconsistent or incompatible with such uses.
(2) That the lighthouse and any such property and
improvements be maintained at no cost to the United States in
a manner that ensures the use of the lighthouse by the Coast
Guard as an aid to navigation.
(3) That the use of the lighthouse and any such property
and improvements by the Coast Guard as an aid to navigation
not be interfered with, except with the written permission of
the Secretary.
(4) That the lighthouse and any such property and
improvements be maintained in a manner consistent with the
provisions of the National Historic Preservation Act (16
U.S.C. 470 et seq.).
(5) That public access to the lighthouse and any such
property and improvements be ensured.
(c) Reservations.--In the conveyance of a lighthouse under
subsection (a), the Secretary shall reserve to the United
States the following:
(1) The right to enter the lighthouse, and any real
property and improvements conveyed therewith, at any time,
without notice, for purposes of maintaining any aid to
navigation at the lighthouse, including any light, antennae,
sound signal, and associated equipment located at the
lighthouse, and any electronic navigation equipment or system
located at the lighthouse.
(2) The right to enter the lighthouse and any such property
and improvements at any time, without notice, for purposes of
relocating, replacing, or improving any such aid to
navigation, or to carry out any other activity necessary in
aid of navigation.
(3) An easement of ingress and egress onto the real
property conveyed for the purposes referred to in paragraphs
(1) and (2).
(4) An easement over such portion of such property as the
Secretary considers appropriate in order to ensure the
visibility of the lighthouse for navigation purposes.
(5) The right to obtain and remove any historical artifact,
including any lens or lantern that the Secretary has
identified pursuant to paragraph (3) of subsection (a).
(d) Maintenance of Aids to Navigation.--The Secretary may
not impose upon the Institute, or upon any entity to which
the Institute conveys a lighthouse under subsection (g), an
obligation to maintain any aid to navigation at a lighthouse
conveyed under this section.
(e) Reversionary Interest.--All right, title, and interest
in and to a lighthouse and any real property and improvements
associated therewith shall revert to the United States and
the United States shall have the right of immediate entry
thereon if--
(1) the Secretary determines at any time that the
lighthouse, and any property and improvements associated
therewith, conveyed to the Institute or to the United States
Fish and Wildlife Service under subsection (a) or conveyed by
the Institute under subsection (g), as the case may be, is
not being utilized or maintained in accordance with
subsection (b); or
(2) the Secretary determines that--
(A) the Institute is unable to identify an entity eligible
for the conveyance of the lighthouse under subsection (g)
within the 3-year period beginning on the date of the
conveyance of the lighthouse to the Institute under
subsection (a); or
(B) in the event that the Institute identifies an entity
eligible for the conveyance within that period--
(i) the entity is unable or unwilling to accept the
conveyance and the Institute is unable to identify another
entity eligible for the conveyance within that period; or
(ii) the Maine Lighthouse Selection Committee established
under subsection (g)(3)(A) disapproves of the entity
identified by the Institute and the Institute is unable to
identify another entity eligible for the conveyance within
that period.
(f) Inspection.--The State Historic Preservation Officer of
the State of Maine may inspect any lighthouse, and any real
property and improvements associated therewith, that is
conveyed under this subsection at any time, without notice,
for purposes of ensuring that the lighthouse is being
maintained in the manner required under subsections (b)(4)
and (b)(5). The Institute, and any subsequent conveyee of the
Institute under subsection (g), shall cooperate with the
official referred to in the preceding sentence in the
inspections of that official under this subsection.
(g) Subsequent Conveyance.--
(1) Requirement.--
(A) In general.--Except as provided in subparagraph (B),
the Institute shall convey, without consideration, all right,
title, and interest of the Institute in and to the
lighthouses conveyed to the Institute under subsection (a),
together with any real property and improvements associated
therewith, to one or more entities identified under paragraph
(2) and approved by the committee established under paragraph
(3) in accordance with the provisions of such paragraph (3).
(B) Exception.--The Institute, with the concurrence of the
Maine Lighthouse Selection Committee and in accordance with
the terms and conditions of subsection (b), may retain right,
title, and interest in and to the following lighthouses
conveyed to the Institute:
(i) Whitehead Island Light.
(ii) Deer Island Thorofare (Mark Island) Light.
(2) Identification of eligible entities.--
(A) In general.--Subject to subparagraph (B), the Institute
shall identify entities eligible for the conveyance of a
lighthouse under this subsection. Such entities shall include
any department or agency of the Federal Government, any
department or agency of the Government of the State of Maine,
any local government in that State, or any nonprofit
corporation, educational agency, or community development
organization that--
(i) is financially able to maintain the lighthouse (and any
real property and improvements conveyed therewith) in
accordance with the conditions set forth in subsection (b);
(ii) has agreed to permit the inspections referred to in
subsection (f); and
(iii) has agreed to comply with the conditions set forth in
subsection (b) and to have such conditions recorded with the
deed of title to the lighthouse and any real property and
improvements that may be conveyed therewith.
(B) Order of priority.--In identifying entities eligible
for the conveyance of a lighthouse under this paragraph, the
Institute shall give priority to entities in the following
order, which are also the exclusive entities eligible for the
conveyance of a lighthouse under this section:
(i) Agencies of the Federal Government.
(ii) Entities of the Government of the State of Maine.
(iii) Entities of local governments in the State of Maine.
(iv) Nonprofit corporations, educational agencies, and
community development organizations.
[[Page 2460]]
(3) Selection of conveyees among eligible entities.--
(A) Committee.--
(i) In general.--There is hereby established a committee to
be known as the Maine Lighthouse Selection Committee (in this
paragraph referred to as the ``Committee'').
(ii) Membership.--The Committee shall consist of five
members appointed by the Secretary as follows:
(I) One member, who shall serve as the Chairman of the
Committee, shall be appointed from among individuals
recommended by the Governor of the State of Maine.
(II) One member shall be the State Historic Preservation
Officer of the State of Maine, with the consent of that
official, or a designee of that official.
(III) One member shall be appointed from among individuals
recommended by State and local organizations in the State of
Maine that are concerned with lighthouse preservation or
maritime heritage matters.
(IV) One member shall be appointed from among individuals
recommended by officials of local governments of the
municipalities in which the lighthouses are located.
(V) One member shall be appointed from among individuals
recommended by the Secretary of the Interior.
(iii) Appointment deadline.--The Secretary shall appoint
the members of the Committee not later than 180 days after
the date of the enactment of this Act.
(iv) Membership term.--
(I) Members of the Committee shall serve for such terms not
longer than 3 years as the Secretary shall provide. The
Secretary may stagger the terms of initial members of the
Committee in order to ensure continuous activity by the
Committee.
(II) Any member of the Committee may serve after the
expiration of the term of the member until a successor to the
member is appointed. A vacancy in the Committee shall be
filled in the same manner in which the original appointment
was made.
(v) Voting.--The Committee shall act by an affirmative vote
of a majority of the members of the Committee.
(B) Responsibilities.--
(i) In general.--The Committee shall--
(I) review the entities identified by the Institute under
paragraph (2) as entities eligible for the conveyance of a
lighthouse; and
(II) approve one such entity, or disapprove all such
entities, as entities to which the Institute may make the
conveyance of the lighthouse under this subsection.
(ii) Approval.--If the Committee approves an entity for the
conveyance of a lighthouse, the Committee shall notify the
Institute of such approval.
(iii) Disapproval.--If the Committee disapproves of the
entities, the Committee shall notify the Institute and,
subject to subsection (e)(2)(B), the Institute shall identify
other entities eligible for the conveyance of the lighthouse
under paragraph (2). The Committee shall review and approve
or disapprove of entities identified pursuant to the
preceding sentence in accordance with this subparagraph and
the criteria set forth in subsection (b).
(C) Exemption from faca.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Committee,
however, all meetings of the Committee shall be open to the
public and preceded by appropriate public notice.
(D) Termination.--The Committee shall terminate 8 years
from the date of the enactment of this Act.
(4) Conveyance.--Upon notification under paragraph
(3)(B)(ii) of the approval of an identified entity for
conveyance of a lighthouse under this subsection, the
Institute shall, with the consent of the entity, convey the
lighthouse to the entity.
(5) Responsibilities of conveyees.--Each entity to which
the Institute conveys a lighthouse under this subsection, or
any successor or assign of such entity in perpetuity, shall--
(A) use and maintain the lighthouse in accordance with
subsection (b) and have such terms and conditions recorded
with the deed of title to the lighthouse and any real
property conveyed therewith; and
(B) permit the inspections referred to in subsection (f).
(h) Description of Property.--The exact acreage and legal
description of any lighthouse, and any real property and
improvements associated therewith, conveyed under subsection
(a) shall be determined by the Secretary.
(i) Report.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for the next 7
years, the Secretary shall submit to Congress a report on the
conveyance of lighthouses under this section. The report
shall include a description of the implementation of the
provisions of this section, and the requirements arising
under such provisions, in--
(1) providing for the use and maintenance of the
lighthouses conveyed under this section in accordance with
subsection (b);
(2) providing for public access to such lighthouses; and
(3) achieving the conveyance of lighthouses to appropriate
entities under subsection (g).
(j) Additional Terms and Conditions.--The Secretary may
require any additional terms and conditions in connection
with a conveyance under subsection (a) that the Secretary
considers appropriate in order to protect the interests of
the United States.
TITLE XVIII--BALLAST WATER MANAGEMENT
SEC. 1801. SHORT TITLE.
This title may be cited as the ``Ballast Water Management
Act''.
SEC. 1802. EVALUATION.
(a) Subsection 1102(a) of Public Law 101-646 (16 U.S.C.
4712(a)) is amended by adding the following new paragraph at
the end:
``(4) National ballast water management evaluation.--
``(A) Subject to the availability of appropriations, the
Task Force shall contract with the Marine Board of the
National Research Council to identify and evaluate ballast
water management technologies and practices that prevent the
introduction and spread of nonindigenous species through
ballast water discharged into United States waters.
``(B) In conducting the evaluation, the Marine Board shall
consider, at a minimum, ballast water management technologies
and practices identified in the study prepared under
paragraph (3).
``(C) In conducting the evaluation, the Marine Board shall
identify, at a minimum, ballast water management technologies
and practices that--
``(i) may be retrofitted on existing vessels or
incorporated in new vessel designs;
``(ii) are operationally practical;
``(iii) are safe for vessel and crew;
``(iv) are environmentally sound;
``(v) are cost effective;
``(vi) the vessel operator can monitor; and
``(vii) are effective against a broad range of nuisance
organisms.''.
(b) Subsection 1102(c) of Public Law 101-646 (16 U.S.C.
4712(c)) is amended by adding the following new paragraph at
the end:
``(3) National ballast water management evaluation
report.--Not later than 1 year after the date of enactment of
the Ballast Water Management Act, the Task Force shall submit
to the appropriate Committees a report on the results of the
evaluation conducted under paragraph (4) of subsection
(a).''.
SEC. 1803. NATIONAL BALLAST WATER MANAGEMENT DEMONSTRATION
PROGRAM.
(a) Section 1202 of Public Law 101-646 (16 U.S.C. 4722) is
amended by--
(1) redesignating subsection (k) as subsection (l); and
(2) inserting after subsection (j) the following:
``(k) National Ballast Water Management Demonstration
Program.--
``(1) Authorization.--Following the submission of the
evaluation authorized under section 1102(a)(4) and subject to
the availability of appropriations under section 1301(e), the
Secretary of Transportation, in consultation with the Task
Force, shall conduct a national ballast water management
demonstration program to test and evaluate ballast water
management technologies and practices, including those
identified in the evaluation authorized under paragraph
1102(a)(4), to prevent the introduction and spread of
nonindigenous species through ballast water discharged into
United States waters.
``(2) Criteria.--In carrying out the demonstration program
authorized under this subsection, the Secretary of
Transportation shall use vessels that are documented under
chapter 121 of title 46, United States Code, including
vessels operating on the Great Lakes. Any necessary ballast
water management technology installation or construction on a
vessel used in the demonstration program shall be performed
by a United States shipyard or ship repair facility.
``(3) Authorities.--In conducting the demonstration program
under this subsection, the Task Force and the Secretary of
Transportation may accept donations of property and
services.''.
(b) Subsection 1202(l), as redesignated by this Act, is
amended by adding the following new paragraph at the end:
``(3) Not later than 1 year after the submission of the
evaluation authorized under section 1102(a)(4) and
periodically as necessary to report new findings, the
Secretary of Transportation, in consultation with the Task
Force, shall submit to the appropriate Committees a report on
the results of the demonstration program conducted under
subsection (k).''.
SEC. 1804. AUTHORIZATION OF APPROPRIATIONS.
Section 1301 of Public Law 101-646 (16 U.S.C. 4741) is
amended by adding the following new subsection at the end:
``(e) National Ballast Water Management Evaluation and
Demonstration Program.--There are authorized to be
appropriated to the Director and the Under Secretary $150,000
for fiscal year 1995 and to the Secretary of Transportation
$1,850,000 for fiscal year 1996, to remain available until
expended, to carry out the evaluation authorized under
section 1102(a)(4) and the demonstration program authorized
under section 1202(k).''.
TITLE XX--ADDITIONAL MISCELLANEOUS PROVISIONS
SEC. 2001. AMENDMENT TO REQUIRE EPIRBS ON THE GREAT LAKES.
Paragraph (7) of section 4502(a) of title 46, United States
Code, is amended by inserting ``or beyond 3 nautical miles
from the coastline of the Great Lakes'' after ``high seas''.
SEC. 2002. IMPLEMENTATION OF OIL POLLUTION REQUIREMENTS WITH
RESPECT TO VEGETABLE OIL.
In implementing the Oil Pollution Act of 1990 (Public Law
101-380), the Coast Guard and other agencies shall
differentiate between animal fats or oils of vegetable origin
and other oils, including petroleum oils, on the basis of
their physical, chemical, biologi-
[[Page 2461]]
cal, and other properties, and their environmental effects.
SEC. 2003. DUAL PURPOSE VESSEL.
Subject to the availability of appropriations, the
Secretary of Transportation is authorized to expend up to
$10,000,000 in fiscal year 1996 for the design and
construction of a passenger ferry to be owned and operated by
the State of Alaska, provided that--
(1) any amounts expended under this provision by the
Secretary for such ferry are matched by an equal or greater
amount from the State of Alaska or other sources;
(2) such ferry shall, when completed, be used by the State
of Alaska as part of the National Contingency Plan in
accordance with section 311(d)(2)(H) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(d)(2)(H)), in the event
of a worst case discharge of crude oil off Alaska;
(3) the State of Alaska shall agree to use such ferry in
cooperation with the Federal On-Scene Coordinator in the
event of a worst case discharge of crude oil off Alaska; and
(4) such ferry shall be made available by the State of
Alaska to be included on the list of equipment available in
an Area Contingency Plan off Alaska under section
311(j)(4)(C)(iv) of the Federal Water Pollution Control Act
(33 U.S.C. 1321(j)(4)(C)(iv)).
SEC. 2004. EQUITABLE TREATMENT OF UNITED STATES OCEAN FREIGHT
FORWARDERS BY OCEAN CARRIER CONFERENCES.
(a) Independent Action.--Section 5(b) of the Shipping Act
of 1984 (46 U.S.C. App. 1704(b)) is amended by striking
paragraph (8) and inserting the following:
``(8) provide that--
``(A) any member of the conference may take independent
action on any rate, service item, or level of ocean freight
forwarder compensation required to be filed in a tariff under
section 8(a) upon not more than 10 calendar days notice to
the conference; and
``(B) the conference will include the new rate, service
item, or level of ocean freight forwarder compensation in its
tariff for use by that member, effective no later than 10
calendar days after receipt of the notice, and by any other
member that notifies the conference that it elects to adopt
the independent rate, service item, or level of ocean freight
forwarder compensation on or after its effective date, in
lieu of the existing conference tariff provision for that
rate, service item, or level of ocean freight forwarder
compensation;''.
(b) Prohibition on Denying Compensation.--Section 10(c) of
the Shipping Act of 1984 (46 U.S.C. App. 1709(c)), is amended
by striking paragraph (5) and inserting the following:
``(5) deny in the export foreign commerce of the United
States compensation to an ocean freight forwarder, or limit
that compensation to less than 1.25 percent of the aggregate
of all of the rates and charges applicable under the tariff
assessed against the cargo on which the forwarding services
are provided; or''.
SEC. 2005. FLORIDA AVENUE BRIDGE.
For purposes of the alteration of the Florida Avenue Bridge
(located approximately 1.63 miles east of the Mississippi
River on the Gulf Intracoastal Waterway in Orleans Parish,
Louisiana) ordered by the Secretary of Transportation under
the Act of June 21, 1940 (33 U.S.C. 511 et seq.; popularly
known as the Truman-Hobbs Act), the Secretary shall treat the
drainage siphon that is adjacent to the bridge as an
appurtenance of the bridge, including with respect to
apportionment and payment of costs for the removal of the
drainage siphon in accordance with that Act.
SEC. 2006. LIMITATION ON CONSOLIDATION OF HOUSTON AND
GALVESTON MARINE SAFETY OFFICES.
The Secretary of Transportation may not consolidate the
Coast Guard Marine Safety Offices in Galveston, Texas, and
Houston, Texas.
SEC. 2007. BUY AMERICAN REQUIREMENT FOR SURFACE SEARCH RADAR
SYSTEMS AND MULTIBEAM SONAR.
Notwithstanding any other law, at least 51 percent of the
components of surface search radar systems and multibeam
sonar systems for Coast Guard vessels shall be manufactured
in the United States, provided the United States manufacturer
offers the Coast Guard a competitive price.
SEC. 2008. SPECIAL RECRUITING AUTHORITY TO ACHIEVE DIVERSITY.
(a) Findings.--The Congress makes the following findings:
(1) Women and minorities have historically been
underrepresented in the Coast Guard officer corps and at the
United States Coast Guard Academy.
(2) Notwithstanding application of traditional recruiting
programs, the Coast Guard has not been able to rectify the
historic underrepresentation of women and minorities in the
service and at the Academy.
(3) The education and professional training provided at the
United States Coast Guard Academy will be enhanced by the
benefits that flow from a diverse student body.
(b) New Authority.--Section 93 of title 14, United States
Code, is amended--
(1) in paragraph (t)(2) by striking ``and'' after the
semicolon;
(2) in paragraph (u) by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(v) for the purposes of rectifying underrepresentation or
underutilization of women and minorities in the Coast Guard
and meeting identified personnel resource requirements and
training needs--
``(1) conduct studies and analyses on Coast Guard personnel
resource and training needs; and
``(2) employ special programs for recruiting women and
minorities, including, subject to appropriations, provision
of financial assistance by grant, cooperative agreement,
contract, or otherwise, to public or private associations,
organizations, or individuals to implement national or local
outreach programs.''.
SEC. 2009. RECOMMENDATIONS ON ACTIONS FOR THE PROTECTION OF
THE NORTH ATLANTIC RIGHT WHALE.
(a) Recommendations.--Not later than 6 months after the
date of enactment of this Act, the Secretary of
Transportation shall recommend to the Secretary of Commerce
actions that could be undertaken by the Coast Guard and the
International Maritime Organization to prevent mortalities of
the northern right whale from vessel collisions in the Great
South Channel off Cape Cod, Massachusetts. Such
recommendations may include--
(1) the designation of 1 or more areas to be avoided;
(2) the shifting of the traffic separation scheme in the
Great South Channel; or
(3) other measures the Secretary considers appropriate.
(b) International Maritime Organization.--The Secretary of
Transportation, in consultation with the Secretary of
Commerce, shall submit the appropriate recommendations under
subsection (a) to the International Maritime Organization for
consideration.
(c) Report.--The Secretary of Commerce shall report in
accordance with section 103(f) of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1373(f)) on any actions
taken by the Secretary of Commerce and the Secretary of
Transportation pursuant to this section.
SEC. 2010. PROHIBITION ON DIVERSION OF DRUG INTERDICTION
FUNDS.
The Secretary of Transportation may not reduce the level of
Coast Guard drug interdiction activities during fiscal year
1995 below the level proposed by the President in the fiscal
year 1995 budget.
SEC. 2011. LIMITATION ON AUTHORITY OF STATES TO REGULATE
GAMBLING DEVICES ON VESSELS.
Section 5(b)(2) of the Act of January 2, 1951 (15 U.S.C.
1175(b)(2)), commonly referred to as the ``Johnson Act'', is
amended by adding at the end the following:
``(C) Exclusion of certain voyages and segments.--Except
for a voyage or segment of a voyage that occurs within the
boundaries of the State of Hawaii or the State of Alaska, a
voyage or segment of a voyage is not described in
subparagraph (B) if it includes or consists of a segment--
``(i) that begins and ends in the same State;
``(ii) that is part of a voyage to another State or to a
foreign country; and
``(iii) in which the vessel reaches the other State or
foreign country within 3 days after leaving the State in
which it begins.''.
SEC. 2012. POLLUTION FROM SHIPS.
(a) Prevention of Pollution From Ships.--Section 6 of the
Act to Prevent Pollution from Ships (33 U.S.C. 1905) is
amended--
(1) in subsection (c)--
(A) in paragraph (2)--
(i) by striking ``(2) If'' and inserting the following:
``(2)(A) Subject to subparagraph (B), if''; and
(ii) by adding at the end the following new subparagraphs:
``(B) The Secretary may issue a certificate attesting to
the adequacy of reception facilities under this paragraph
only if, prior to the issuance of the certificate, the
Secretary conducts an inspection of the reception facilities
of the port or terminal that is the subject of the
certificate.
``(C) The Secretary may, with respect to certificates
issued under this paragraph prior to the date of enactment of
the Oceans Act of 1994, prescribe by regulation differing
periods of validity for such certificates.''; and
(B) in paragraph (3), by striking subparagraph (A) and
inserting the following new subparagraph:
``(A) is valid for the 5-year period beginning on the date
of issuance of the certificate, except that if--
``(i) the charge for operation of the port or terminal is
transferred to a person or entity other than the person or
entity that is the operator on the date of issuance of the
certificate--
``(I) the certificate shall expire on the date that is 30
days after the date of the transfer; and
``(II) the new operator shall be required to submit an
application for a certificate before a certificate may be
issued for the port or terminal; or
``(ii) the certificate is suspended or revoked by the
Secretary, the certificate shall cease to be valid; and'';
and
(2) by striking subsection (d) and inserting the following
new subsection:
``(d)(1) The Secretary shall maintain a list of ports or
terminals with respect to which a certificate issued under
this section--
``(A) is in effect; or
``(B) has been revoked or suspended.
``(2) The Secretary shall make the list referred to in
paragraph (1) available to the general public.''.
(b) Reception Facility Placards.--Section 6(f) of the Act
to Prevent Pollution from Ships (33 U.S.C. 1905(f)) is
amended--
[[Page 2462]]
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2)(A) Not later than 18 months after the date of
enactment of this paragraph, the Secretary shall promulgate
regulations that require the operator of each port or
terminal that is subject to any requirement of the MARPOL
Protocol relating to reception facilities to post a placard
in a location that can easily be seen by port and terminal
users. The placard shall state, at a minimum, that a user of
a reception facility of the port or terminal should report to
the Secretary any inadequacy of the reception facility.''.
(c) Compliance Reports.--Section 2201(a) of the Marine
Plastic Pollution Research and Control Act of 1987 (Public
Law 100-220; 33 U.S.C. 1902 note) is amended--
(1) by striking ``for a period of 6 years''; and
(2) by inserting before the period at the end the
following: ``and, not later than 1 year after the date of
enactment of the Oceans Act of 1994, and annually thereafter,
shall publish in the Federal Register a list of the
enforcement actions taken against any domestic or foreign
ship (including any commercial or recreational ship) pursuant
to the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et
seq.)''.
(d) Marine Plastic Pollution Research and Control Public
Outreach Program.--Section 2204(a) of the Marine Plastic
Pollution Research and Control Act of 1987 (Public Law 100-
220; 42 U.S.C. 6981 note) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``for a period of at least 3 years,'';
(B) in subparagraph (C), by striking ``and'' at the end;
(C) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following new subparagraph:
``(E) the requirements under this Act and the Act to
Prevent Pollution from Ships (33 U.S.C. 1901 et seq.) with
respect to ships and ports, and the authority of citizens to
report violations of this Act and the Act to Prevent
Pollution from Ships (33 U.S.C. 1901 et seq.).''; and
(2) by striking paragraph (2) and inserting the following
new paragraph:
``(2) Authorized activities.--
``(A) Public outreach program.--A public outreach program
under paragraph (1) may include--
``(i) developing and implementing a voluntary boaters'
pledge program;
``(ii) workshops with interested groups;
``(iii) public service announcements;
``(iv) distribution of leaflets and posters; and
``(v) any other means appropriate to educating the public.
``(B) Grants and cooperative agreements.--To carry out this
section, the Secretary of the department in which the Coast
Guard is operating, the Secretary of Commerce, and the
Administrator of the Environmental Protection Agency are
authorized to award grants, enter into cooperative agreements
with appropriate officials of other Federal agencies and
agencies of States and political subdivisions of States, and
provide other financial assistance to eligible recipients.
``(C) Consultation.--In developing outreach initiatives
targeted at the interested groups that are subject to the
requirements of this title and the Act to Prevent Pollution
from Ships (33 U.S.C. 1901 et seq.), the Secretary of the
department in which the Coast Guard is operating, in
consultation with the Secretary of Commerce and the
Administrator of the Environmental Protection Agency, shall
consult with--
``(i) the heads of State agencies responsible for
implementing State boating laws; and
``(ii) the heads of other enforcement agencies that
regulate boaters or commercial fishermen.''.
(e) Coordination.--
(1) Establishment of marine debris coordinating
committee.--The Secretary of Commerce shall establish a
Marine Debris Coordinating Committee (referred to in this
section as the ``Committee'').
(2) Membership.--The Committee shall include a senior
official from--
(A) the National Oceanic and Atmospheric Administration,
who shall serve as the Chairperson of the Committee;
(B) the Environmental Protection Agency;
(C) the United States Coast Guard;
(D) the United States Navy; and
(E) such other Federal agencies that have an interest in
ocean issues or water pollution prevention and control as the
Secretary of Commerce determines appropriate.
(3) Meetings.--The Committee shall meet at least twice a
year to provide a forum to ensure the coordination of
national and international research, monitoring, education,
and regulatory actions addressing the persistent marine
debris problem.
(f) Monitoring.--The Secretary of Commerce, in cooperation
with the Administrator of the Environmental Protection
Agency, shall utilize the marine debris data derived under
title V of the Marine Protection, Research, and Sanctuaries
Act of 1972 (33 U.S.C. 2801 et seq.) to assist the United
States Coast Guard in assessing the effectiveness of this
section.
SEC. 2013. COST ACCOUNTING FOR HAITIAN OPERATIONS.
(a) No later than 30 days after the enactment of this Act,
the Secretary of Transportation shall submit a full
accounting of all Coast Guard costs related to Haiti during
fiscal year 1994 to the Committee on Merchant Marine and
Fisheries in the House of Representatives and to the
Committee on Commerce, Science, and Transportation in the
Senate. This accounting shall include numbers of Coast Guard
personnel involved, the numbers of Coast Guard vessels
involved, and the amount of funds diverted from other Coast
Guard missions.
(b) Until all United States military operations in Haiti
cease, the Secretary of Transportation shall submit monthly
reports on all Coast Guard costs related to Haiti to the
Committee on Merchant Marine and Fisheries in the House of
Representatives and to the Committee on Commerce, Science,
and Transportation in the Senate.
SEC. 2014. PLAN FOR RESCUE OF PASSENGERS ON THE CHESAPEAKE
BAY.
(a) The Secretary of the department in which the Coast
Guard is operating, in consultation with officials of the
States of Maryland and Virginia, and other interested
persons, shall develop and submit to Congress by March 30,
1995, a plan for the rescue of persons transported on
passenger vessels or small passenger vessels on the
Chesapeake Bay.
(b) The plan developed in subsection (a) shall include--
(1) a protocol for command, control, and communications
among Federal, State, and local authorities;
(2) a protocol for training exercises to prepare for an
emergency rescue on the Chesapeake Bay;
(3) an identification of emergency medical personnel that
would be available for an emergency rescue on the Chesapeake
Bay; and
(4) an identification of procedures to be followed and
equipment that would be needed in the event of weather that
could result in hypothermia of the passengers.
SEC. 2015. BOARD FOR CORRECTION OF MILITARY RECORDS DEADLINE.
(a) Ten months after a complete application for correction
of military records is received by the Board for Correction
of Military Records of the Coast Guard, administrative
remedies are deemed to have been exhausted, and--
(1) if the Board has rendered a recommended decision, its
recommendation shall be final agency action and not subject
to further review or approval within the Department of
Transportation; or
(2) if the Board has not rendered a recommended decision,
agency action is deemed to have been unreasonably delayed or
withheld and the applicant is entitled to--
(A) an order under section 706(1) of title 5, United States
Code, directing final action be taken within 30 days from the
date the order is entered; and
(B) from amounts appropriated to the Department of
Transportation, the costs of obtaining the order, including a
reasonable attorney's fee.
(b) The 10-month deadline established in section 212 of the
Coast Guard Authorization Act of 1989 (Public Law 101-225,
103 Stat. 1914) is mandatory, and applies to any application
pending before the Board or the Secretary of Transportation
on June 12, 1990.
SEC. 2016. SENSE OF THE CONGRESS REGARDING PASSENGERS ABOARD
COMMERCIAL VESSELS.
It is the sense of the Congress that section 521(a)(1) of
Public Law 103-182 (19 U.S.C. 58c(a)(5)) was intended to
require the collection and remission of a fee from each
passenger only one time in the course of a single voyage
aboard a commercial vessel.
TITLE XXI--MARINE BIOTECHNOLOGY INVESTMENT ACT OF 1993
SEC. 2101. SHORT TITLE.
This Title may be cited as the ``Marine Biotechnology
Investment Act of 1993''.
SEC. 2102. FINDINGS.
Congress finds and declares the following:
(1) Throughout human history, the oceans and Great Lakes
have been an important source of food and a wealth of other
natural products.
(2) Marine biotechnology holds tremendous promise for
expanding the range and increasing the utility of products
from the oceans, understanding and treating human illness,
and enhancing the quality and quantity of seafood.
(3) Marine biotechnology offers opportunities to improve
the stewardship of marine resources through the development
and application of effective methods to restore and protect
marine ecosystems, to manage fisheries, to promote the
economic growth of coastal economies (particularly those
which rely substantially on income from traditional
fisheries), and to monitor marine biological and geochemical
processes.
(4) The United States currently is a world leader in marine
biotechnology, a position with the potential for contributing
to business and manufacturing innovations, creation of new
jobs, and stimulation of private sector investment.
(5) Maintaining national leadership in the face of growing
foreign competition will require federal investment in a
well-defined and coordinated national program of research,
development and private sector partnership, based on the
existing responsibilities and expertise of the National
Oceanic and Atmospheric Administration and other federal
agencies.
(6) In particular, the National Sea Grant College Program
should play a leading role in the development of marine
biotechnology in the United States, building on proven ca-
[[Page 2463]]
pabilities in research, technology transfer, and education.
SEC. 2103. DEFINITIONS.
As used in this Title--
(1) The term ``Council'' means the Federal Coordinating
Council on Science, Engineering, and Technology or any
successor organization responsible for the coordination of
scientific research among federal agencies and departments.
(2) The term ``Director'' means the Director of the Office
of Science and Technology Policy.
(3) The term ``marine biotechnology'' means the application
of molecular and cellular techniques to marine or other
aquatic organisms for the purposes of--
(A) identifying, isolating, developing, and enhancing
products that are derived from the aquatic environment;
(B) developing new techniques and processes that may be
applied to marine and coastal resources; and
(C) monitoring human health and treating disease.
(4) The term ``release of organisms'' means--
(A) the intentional release; or
(B) the accidental release from a contained research
facility;
into the surrounding environment, of a living marine or other
aquatic organism in which the genetic material has been
purposely altered at the molecular or cellular level in a way
that could not result from the natural reproductive process
of that species.
(5) The term ``Sea Grant director'' means director of a
college, program, or regional consortium designated under the
National Sea Grant College Program Act (33 U.S.C. 1121 et
seq.).
(6) The term ``Secretary'' means the Secretary of Commerce.
(7) The term ``Strategy'' means the National Marine
Biotechnology Strategy developed under section 2104, or any
revision thereof.
SEC. 2104. NATIONAL MARINE BIOTECHNOLOGY STRATEGY.
(a) In General.--The Director shall develop a National
Marine Biotechnology Strategy for the establishment and
implementation of a comprehensive research and development
effort to assist the nation in understanding and using marine
biotechnology. The Director shall submit the Strategy to the
President and Congress within one year after the date of
enactment of this Title and shall submit a revised Strategy
at least once every three years thereafter.
(b) Elements of the Strategy.--The Strategy shall--
(1) establish, for the five-year period beginning in the
year the Strategy is submitted, goals and priorities for a
coordinated federal effort in marine biotechnology;
(2) describe specific activities to achieve such goals and
priorities, including--
(A) basic and applied research initiatives;
(B) essential infrastructure development;
(C) education and training programs;
(D) development of partnerships among government agencies,
industry, and academia to translate research findings into
practical use;
(E) applications of marine biotechnology which can be used
to contribute to the economic stability and vitality of
economies based on traditional fisheries.
(3) set forth the role of each participation federal agency
and department, identifying and addressing (consistent with
the responsibilities established in this Title) relevant
programs and activities of such agencies and departments that
would contribute to the effort;
(4) estimate, to the extent practicable, funding
requirements for the federal marine biotechnology effort
described in the Strategy; and
(5) provide for, which respect to federally funded
activities that may involve release of organisms, coordinated
oversight by federal departments and agencies, including
development of--
(A) guidelines and performance standards that are necessary
for the safe conduct of such activities and for preventing
significant environmental risk; and
(B) procedures to ensure compliance with such guidelines
and performance standards.
(c) Consultation.--In developing and revising the Strategy,
the Director--
(1) shall consult with federal, State, academic,
commercial, and environmental entities involved in marine
biotechnology; and
(2) may convene meetings and workshops, in consultation
with the National Academy of Sciences and the Sea Grant
directors.
SEC. 2105. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.
(a) In General.--The Secretary, in consultation with the
council, shall, within the National Oceanic and Atmospheric
Administration, maintain a balanced program of marine
biotechnology activities, comprised of--
(1) the program established by section 206 of the National
Sea Grant College Program Act (33 U.S.C. 1121 et seq.), as
added by section 2106 of this Title;
(2) research conducted under agreements with academic
institutions for the purposes of developing and applying
marine biotechnology to the management, conservation, and use
of living marine resources; and
(3) marine forensics, biotoxins, and microbiological
research on new methods for ensuring the safety of seafood,
implementing and enforcing marine environmental statutes, and
addressing coastal pollution.
(b) Restriction Relating to Release of Organisms.--
(1) In general.--The Secretary shall not conduct activities
(either directly or through the award of a grant or contract)
that may involve release of organisms, unless such
activities--
(A) have been reviewed and approved under other applicable
federal law; or
(B) are found by the Secretary, based on the Secretary's
written assessment, to pose no significant environmental
risk.
(2) Conditions for making a finding.--The Secretary may
make a finding under subparagraph (1)(B)--
(A) in the case of an intentional release of organisms,
only after providing notice and an opportunity for public
comment;
(B) within 18 months after the date of the enactment of
this Title only, if the Secretary includes with the finding a
brief but complete description of the basis for that finding;
and
(C) after 18 months after the date of the enactment of this
Title, only after guidelines, performance standards, and
procedures necessary for the safe conduct of activities by
the Department of Commerce that may involve the release of
organisms have been developed.
(c) Termination of Award.--The Secretary shall promptly
withdraw any award made under this Title if the Secretary
determines that the grantee or contractee in question has
failed to abide by the applicable guidelines, performance
standards, and procedures referred to in this section or
section 2104 of this Title.
(d) Restriction on Pacific Salmon.--The Secretary shall
only conduct research or award a grant or contract for marine
biotechnology applications intended to promote or enhance
farming, ranching, or other forms of captive cultivation
(other than stock identification or hatchery enhancement of
wild stocks) of any species of Pacific salmon upon making a
written finding that such award, grant, or contract will not
be detrimental to the economic stability and responsible
development of traditional coastal economies which rely
substantially on the harvest of wild stocks of Pacific salmon
for a significant portion of their livelihood.
(e) Authorization of Appropriations.--In addition to the
sums authorized to be appropriated under section 212 of the
National Sea Grant College Program Act (33 U.S.C. 1131),
there are authorized to be appropriated to the Secretary, to
enable the National Oceanic and Atmospheric Administration to
carry out this Title, $12,000,000 for each of fiscal years
1994, 1995, 1996, and 1997.
SEC. 2106. SEA GRANT MARINE BIOTECHNOLOGY PROGRAM.
(a) Establishment.--The National Sea Grant College Program
Act (33 U.S.C. 1121 et seq.) is amended by inserting
immediately after section 205 the following new section:
``SECTION 206. MARINE BIOTECHNOLOGY PROGRAM.
``(a) Marine Biotechnology Program.--Subject to the
availability of appropriations under section 212(c), the
national sea grant college program provided for under section
204 shall include a marine biotechnology program under which
the Secretary, acting through the Director, shall--
``(1) make grants and enter into contracts in accordance
with this section; and
``(2) engage in other activities authorized under this Act;
to further research, development, education, technology
transfer, and risk assessment in marine biotechnology.
``(b) Administration.--In carrying out the marine
biotechnology program, the Secretary shall--
``(1) coordinate the relevant activities of the directors
of the sea grant colleges and the Marine Biotechnology Review
Panel established under subsection (d); and
``(2) provide general oversight of the review process under
subsection (d)(1) to ensure that the marine biotechnology
program produces the highest quality research, development,
education, and technology transfer.
``(c) Grants and Contracts.--
``(1) Applications.--Applications for grants and contracts
under this section shall be--
``(A) made in such form and manner, and include such
content and submissions, as the Secretary shall by advance
notice prescribe;
``(B) forwarded by the appropriate directors of sea grant
colleges, along with an evaluation by those directors of
merit and programmatic relevance, to the National Sea Grant
Office; and
``(C) reviewed by the Marine Biotechnology Review Panel in
accordance with subsection (d).
``(2) Terms and conditions.--Any reference in subsection
(d) of section 205 or in the last sentence of subsection (a)
of section 205 to grants and contracts provided for under
that section shall be treated, as the context requires, as
including any grant applied for or made, or contract applied
for or entered into, under this section.
``(3) Awarding of grants and contracts.--The Secretary
shall award grants and contracts under this section on the
basis of the recommendations for award made by the Marine
Biotechnology Review Panel under subsection (d).
``(d) Marine Biotechnology Review Panel.--
``(1) Establishment and duties.--Subject to the
availability of appropriations under section 212(c), the
Director, in consultation with the directors of the sea grant
colleges, shall convene a panel, to be known as the Marine
Biotechnology Review Panel, that shall--
``(A) review, on a competitive basis, the applications made
under this section for grants
[[Page 2464]]
and contracts to determine their respective scientific,
technical, educational, and commercial merits and likely
contributions toward achieving the purposes of this section;
and
``(B) on the basis of the review under subparagraph (A),
and with due regard for the overall balance and coordination
of the marine biotechnology program, make recommendations to
the Secretary regarding the awarding of grants and contracts
under this section.
``(2) Membership.--The Marine Biotechnology Review Panel
shall--
``(A) consist of not more than 15 individuals with
scientific or technical expertise in marine biotechnology or
relevant related fields, including at least two qualified
individuals with expertise in marine or freshwater ecological
risk assessment;
``(B) reflect a balance among areas of expertise consistent
with the purposes of this section;
``(C) include not more than two federal employees, none of
which may be employees of the National Oceanic and
Atmospheric Administration;
``(D) not include directors of sea grant colleges; and
``(E) reflect geographic balance, consistent with the
primary objectives of a high level of expertise and balance
among areas of expertise.
``(3) Allowances.--Each member of the Marine Biotechnology
Review panel shall receive travel expenses, including per
diem in lieu of subsistence, in accordance with sections 5702
and 5703 of title 5, United States Code.''.
(b) Definitions.--(1) Section 203 of the National Sea Grant
College Program Act (33 U.S.C. 1122) is amended by
redesignating paragraphs (6) through (15) as paragraphs (7)
through (16), respectively, and by inserting after paragraph
(5) the following new paragraph:
``(6) The term `marine biotechnology' means the application
of molecular and cellular techniques to marine and other
aquatic organisms for the purposes of--
``(A) identifying, isolating, developing and enhancing
products that are derived from the aquatic environment;
``(B) developing new techniques and processes that may be
applied to marine and coastal resources; and
``(C) monitoring human health and treating diseases.''.
(2) Section 203(4) of the National Sea Grant College
Program Act (33 U.S.C. 1122(4) is amended by inserting
``marine biotechnology,'' immediately after ``marine
technology,''.
(c) Authorization of Appropriations.--Section 212 of the
National Sea Grant College Program Act (33 U.S.C. 1131) is
amended--
(1) in subsection (b), by inserting ``but not including
section 206'' immediately after ``section 209'';
(2) by redesignating subsections (c), (d), and (e) as
subsection (d), (e) and (f) respectively; and
(3) by inserting immediately after subsection (b) the
following new subsection:
``(c) Marine Biotechnology Program.--
``(1) Grants and contracts.--There is authorized to be
appropriated to carry out the provisions of section 206
(other than for administration) an amount --
``(A) for each of fiscal years 1994 and 1995, not to exceed
$20,000,000; and
``(B) for each of fiscal years 1996 and 1997, not to exceed
$25,000,000.
``(2) Administration.--There is authorized to be
appropriated for the administration of section 206, an
amount--
``(A) for each of fiscal years 1994 and 1995, not to exceed
$200,000; and
``(B) for each of fiscal years 1996 and 1997, not to exceed
$250,000.''.
TITLE XXII--DOCUMENTATION OF VESSELS
SEC. 2201. AUTHORIZATION OF DOCUMENTATION FOR VARIOUS
VESSELS.
(a) In General.--Notwithstanding section 27 of the Merchant
Marine Act, 1920 (46 App. U.S.C. 883), the Act of June 19,
1886 (46 App. U.S.C. 289), the Act of May 28, 1906 (46 App.
U.S.C. 292), and sections 12106, 12107, and 12108 of title
46, United States Code, the Secretary of the department in
which the Coast Guard is operating may issue a certificate of
documentation with appropriate endorsements for the vessels
listed in subsection (b).
(b) Vessels Described.--The vessels referred to in
subsection (a) are the following:
(1) ABORIGINAL (United States official number 942118).
(2) ALPHA TANGO (United States official number 945782)
(3) ANNAPOLIS (United States official number 999008).
(4) ARTHUR ATKINSON (former United States official number
214656).
(5) ATTITUDE (North Carolina registration number NC3607AN).
(6) BAGGER (Hawaii registration number HI1809E).
(7) BIG DAD (United States official number 565022).
(8) BIG GUY (United States official number 939310).
(9) BROKEN PROMISE (United States official number 904435).
(10) CHESAPEAKE (United States official number 999010).
(11) CHRISSY (Maine registration number ME4778B).
(12) CONSORT (United States official number 999005).
(13) CURTIS BAY (United States official number 999007).
(14) EAGLE MAR (United States official number 575349).
(15) EMERALD AYES (United States official number 986099).
(16) EMPRESS (United States official number 975018).
(17) ENDEAVOR (United States official number 947869).
(18) FIFTY ONE (United States official number 1020419).
(19) FIREBIRD (United States official number 253656).
(20) GIBRALTAR (United States official number 668634).
(21) HAMPTON ROADS (United States official number 999009).
(22) INTREPID (United States official number 508185).
(23) ISABELLE (United States official number 600655).
(24) JAMESTOWN (United States official number 999006).
(25) JOAN MARIE (North Carolina official number NC2319AV).
(26) KLIPPER (New York registration number NY8166AN).
(27) L.R. BEATTIE (United States official number 904161).
(28) LADY ANGELA (United States official number 933045).
(29) LADY HAWK (United States official number 961095).
(30) LADY HELEN (United States official number 527746).
(31) MANDIRAN (United States official number 939915).
(32) MEMORY MAKER (Maryland registration number MD8867AW,
hull number 3151059).
(33) OLD HAT (United States official number 508299).
(34) ORCA (United States official number 504279).
(35) REEL TOY (United States official number 698383).
(36) RENDEZVOUS (United States official number 924140).
(37) SALLIE D (Maryland registration number MD2655A).
(38) SEAHAWK (United States official number 673537).
(39) SEAHAWK III (United States official number 996375).
(40) SEA MISTRESS (United States official number 696806).
(41) SERENITY (United States official number 1021393).
(42) SHAMROCK V (United States official number 900936).
(43) SILENT WINGS (United States official number 969182).
(44) SUNSHINE (United States official number 974320).
(45) TECUMSEH (United States official number 668633).
(46) VIKING (former United States official number 224430).
(47) WHY KNOT (United States official number 688570).
(48) WOLF GANG II (United States official number 984934).
(49) A hopper barge owned by Foley & Foley Marine
Contractors, Inc. (United States official number 264959).
(50) Each of 2 barges owned by Roen Salvage Co., numbered
103 and 203.
(51) Each of 3 spud barges owned by Dan's Excavating, Inc.,
as follows:
(A) Spud barge 102 (United States official number 1021958).
(B) Spud barge 103 (United States official number 1021960).
(C) Spud barge 968 (United States official number 1021959).
(52) Each of 3 barges owned by Harbor Marine Corporation of
Rhode Island, as follows:
(A) HARBOR 223 (approximately 110 feet in length).
(B) GENE ELIZABETH (approximately 200 feet in length).
(C) HARBOR 221 (approximately 90 feet in length).
(53) SMALLEY 6808 Amphibious Dredge (Florida registration
number FL1855FF).
(54) TOO MUCH FUN (United States official number 936565).
SEC. 2202. AUTHORIZATION OF DOCUMENTATION FOR THE ATLANTIS
III.
Notwithstanding section 27 of the Merchant Marine Act, 1920
(46 App. U.S.C. 883), the Act of June 19, 1886 (46 App.
U.S.C. 289), and section 12106 of title 46, United States
Code, the Secretary of the department in which the Coast
Guard is operating may issue a certificate of documentation
with appropriate coastwise endorsement for employment in the
coastwise trade in Alaska during the period beginning May 1,
1995, and ending October 31, 1996, for the vessel ATLANTIS
III (Coast Guard MSIS number CG006455).
SEC. 2203. VESSEL DOCUMENTATION FOR CHARITY CRUISES.
(a) Authority To Document Vessels.--
(1) In general.--Notwithstanding section 27 of the Merchant
Marine Act, 1920 (46 App. U.S.C. 883), the Act of June 19,
1886 (46 App. U.S.C. 289), and section 12106 of title 46,
United States Code, and subject to paragraph (2), the
Secretary of the department in which the Coast Guard is
operating may issue a certificate of documentation with a
coastwise endorsement for each of the vessels--
(A) GALLANT LADY (Feadship hull number 645, approximately
130 feet in length); and
(B) GALLANT LADY (Feadship hull number 651, approximately
172 feet in length).
(2) Limitation on operation.--Coastwise trade authorized
under a certificate of documentation issued for a vessel
under this section shall be limited to carriage of passengers
in association with contributions to charitable organizations
no portion of which
[[Page 2465]]
is received, directly or indirectly, by the owner of the
vessel.
(3) Condition.--The Secretary may not issue any certificate
of documentation under paragraph (1) unless the owner of the
vessel referred to in paragraph (1)(A) (in this section
referred to as the ``owner''), within 90 days after the date
of the enactment of this Act, submits to the Secretary a
letter expressing the intent of the owner to enter into a
contract before October 1, 1996, for construction in the
United States of a passenger vessel of at least 130 feet in
length.
(4) Effective date of certificates.--A certificate of
documentation issued under paragraph (1)--
(A) for the vessel referred to in paragraph (1)(A), shall
take effect on the date of issuance of the certificate; and
(B) for the vessel referred to in paragraph (1)(B), shall
take effect on the date of delivery of the vessel to the
owner.
(b) Termination of Effectiveness of Certificates.--A
certificate of documentation issued for a vessel under
subsection (a)(1) shall expire--
(1) on the date of the sale of the vessel by the owner;
(2) on October 1, 1996, if the owner has not entered into a
contract for construction of a vessel in accordance with the
letter of intent submitted to the Secretary under subsection
(a)(3); and
(3) on any date on which such a contract is breached,
rescinded, or terminated (other than for completion of
performance of the contract) by the owner.
SEC. 2204. EXTENSION OF DEADLINE FOR THE M/V TWIN DRILL.
Section 601(d) of Public Law 103-206 is amended by striking
``June 30'' in subpart (3) and inserting ``December 31'' and
by striking ``12'' in subpart (4) and inserting ``18''.
SEC. 2205. COASTWISE TRADE AUTHORIZATION FOR HOVERCRAFT.
Notwithstanding section 27 of the Merchant Marine Act, 1920
(46 App. U.S.C. 883), the Act of June 19, 1886 (46 App.
U.S.C. 289), and sections 12106 and 12107 of title 46, United
States Code, the Secretary of Transportation may issue a
certificate of documentation with a coastwise endorsement for
each of the vessels IDUN VIKING (Danish Registration number
A433), LIV VIKING (Danish Registration number A394), and
FREJA VIKING (Danish Registration number A395) if--
(1) all repair and alteration work on the vessels necessary
to their operation under this section is performed in the
United States;
(2) a binding contract for the construction in the United
States of at least 3 similar vessels for the coastwise trade
is executed by the owner of the vessels within 6 months after
the date of enactment of this Act; and
(3) the vessels constructed under the contract entered into
under paragraph (1) are to be delivered within 3 years after
the date of entering into that contract.
SEC. 2206. WRECKED VESSEL.
The M/V SPIRIT OF THE PACIFIC NORTHWEST (Bahamian official
number 725338) shall be considered to have met the
requirements of the section 4136 of the Revised Statutes of
the United States (46 App. U.S.C. 14), if the Secretary of
Transportation determines--
(1) that the vessel was purchased or salvaged by a United
States corporation and subsequently repaired in a shipyard in
the United States; and
(2) that repairs to the vessel were equal to or greater
than three times the appraised salved value of the vessel.
SEC. 2207. AUTHORIZATION FOR R/V ROSS SEAL TO BE DOCUMENTED
UNDER THE LAWS OF A FOREIGN COUNTRY.
Notwithstanding any other law--
(1) during the period beginning March 1, 1995, and ending
March 1, 1998, the vessel R/V ROSS SEAL United States
official number 582641 may be documented under the laws of a
foreign country;
(2) that vessel shall not be prohibited from or otherwise
ineligible to engage in coastwise trade, by reason of having
been documented under the laws of a foreign country in that
period; and
(3) the Secretary of Transportation may not, by reason of
that vessel having been documented under the laws of a
foreign country in the period, withhold documentation for
that vessel under chapter 121 of title 46, United States
Code, .
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title, and passed.
By unanimous consent, the title was amended so as to read: ``A bill to
provide congressional approval of a governing international fishery
agreement, to authorize appropriations for the Coast Guard for fiscal
year 1995, and for other purposes.''.
A motion to reconsider the votes whereby said bill was passed and the
title was amended was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 122.38 stewardship end-result contracts demonstration
On motion of Mr. LaROCCO, by unanimous consent, the bill of the Senate
(S. 2100) to provide for rural development, multiple-use management,
expenditures under Knutson-Vandenburg Act of 1930, and ecosystem-based
management of certain forest land, and for other purposes; was taken
from the Speaker's table.
When said bill was considered and read twice.
Mr. LaROCCO submitted the following amendment in the nature of a
substitute which was agreed to:
Strike all after the enacting clause and insert the
following:
SECTION 1. DEMONSTRATION PROGRAM FOR THE SPECIAL USE OF
TIMBER REVENUES.
(a) Demonstration Program.--The Secretary of Agriculture
may carry out a demonstration program on National Forest
System lands described in subsection (b) to develop and
implement management practices that are ecosystem based and
end-result oriented.
(b) Applicability.--The demonstration program shall apply
to the management of the Priest Lake District project, Idaho
Panhandle National Forest.
(c) Authorization.--Under the demonstration program, the
Secretary of Agriculture may apply the value, or a portion of
the value, of timber removed under a stewardship end result
contract as an offset against the cost of stewardship
services received, including site preparation, replanting,
silviculture programs, recreation, wildlife habitat
enhancement, and other multiple-use enhancements. The
Secretary of Agriculture may apply such offsets until the
demonstration project expires.
(d) Compliance With Environmental Requirments.--Nothing in
this Act shall be construed to alter the responsibility of
the Secretary to comply with environmental laws applicable to
the lands of the National Forest System described in
subsection (b).
(e) Expiration of Authority.--The authority provided in
subsection (c) shall expire on December 31, 1995.
The bill, as amended, was ordered to be read a third time, was read a
third time by title, and passed.
By unanimous consent, the title was amended so as to read: ``A bill to
provide for a demonstration program to develop and implement special
management practices for certain National Forest System lands''.
A motion to reconsider the votes whereby said bill, as amended, was
passed and the title was amended was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendments.
Para. 122.39 osha regulations
On motion of Mr. MURPHY, by unanimous consent, the Committee on
Education and Labor was discharged from further consideration of the
following concurrent resolution (H. Con. Res. 14):
Whereas it is in the public interest to reduce the
frequency of workplace accidents and the human and economic
costs associated with such injuries;
Whereas workplace accidents involving powered industrial
trucks are often the result of operation by poorly trained,
untrained, or unauthorized operators;
Whereas Federal regulations promulgated by the Occupational
Safety and Health Administration and codified at 29 C.F.R.
1910.178 require that operators of powered industrial trucks
be trained and authorized:
Whereas existing regulations lack any guidelines to measure
whether operators of powered industrial trucks are in fact
trained and authorized;
Whereas operator training programs have been demonstrated
to reduce the frequency and severity of workplace accidents
involving powered industrial trucks; and
Whereas a petition to amend existing regulations to specify
the proper components of a training program for operation of
powered industrial trucks has been pending before the
Occupational Safety and Health Administration since March
1988: Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That the Occupational Safety and Health
Administration is requested to publish, within one year of
passage of this resolution, proposed regulations amending the
regulation published as 29 C.F.R. 1910.178 to specify the
components of an adequate operator training program and to
provide that only trained employees be authorized to operate
powered industrial trucks.
When said concurrent resolution was considered and agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Para. 122.40 warren b. rudman united states courthouse
On motion of Mr. TRAFICANT, by unanimous consent, the Committee on
Public Works and Transportation was discharged from further
consideration of the bill of the Senate (S. 2073) to designate the
United States courthouse that is scheduled to be constructed in Concord,
New Hampshire, as the ``Warren B. Rudman United States Courthouse,'' and
for other purposes.
[[Page 2466]]
Mr. TRAFICANT submitted the following amendment in the nature of a
substitute which was agreed to:
Strike all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. WARREN B. RUDMAN UNITED STATES COURTHOUSE.
(a) Designation.--The United States courthouse to be
constructed in Concord, New Hampshire, shall be known and
designated as the ``Warren B. Rudman United States
Courthouse''.
(b) Legal References.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the United States courthouse referred to in
subsection (a) shall be deemed to be a reference to the
``Warren B. Rudman United States Courthouse''.
SEC. 2. JAMIE L. WHITTEN FEDERAL BUILDING.
(A) Designation.--The Federal building located at the
northeast corner of the intersection of 14th Street and
Independence Avenue, Southwest, in Washington, District of
Columbia, shall be known and designated as the ``Jamie L.
Whitten Federal Building''.
(b) Legal References.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the Federal building referred to in subsection (a)
shall be deemed to be a reference to the ``Jamie L. Whitten
Federal Building''.
SEC. 3. WILLIAM H. NATCHER FEDERAL BUILDING AND UNITED STATES
COURTHOUSE.
(a) Designation.--The Federal building and United States
courthouse located at 242 East Main Street in Bowling Green,
Kentucky, shall be known and designated as the ``William H.
Natcher Federal Building and United States Courthouse''.
(b) Legal References.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the Federal building and United States courthouse
referred to in subsection (a) shall be deemed to be a
reference to the ``William H. Natcher Federal Building and
United States Courthouse''.
When said bill, as amended, was considered, read twice, ordered to be
read a third time, was read a third time by title, and passed.
By unanimous consent, the title was amended so as to read: ``A bill to
designate the Warren B. Rudman United States Courthouse, the Jamie L.
Whitten Federal Building, and the William H. Natcher Federal Building
and United States Courthouse.''.
A motion to reconsider the votes whereby the bill, as amended, was
passed and the title was amended was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendments.
Para. 122.41 housing programs extension
On motion of Mr. GONZALEZ, by unanimous consent, the Committee on
Banking, Finance and Urban Affairs was discharged from further
consideration of the bill (H.R. 5245) to provide for the extension of
certain programs relating to housing and community development, and for
other purposes.
When said bill was considered and read twice.
Mr. GONZALEZ submitted the following amendment which was agreed to:
In section 2(i) of the bill, add at the end the following
new paragraph:
(4) Section 23 conversion.--
(A) Authorization.--Notwithstanding contracts entered into
pursuant to section 14(b) of the United States Housing Act of
1937, the Secretary is authorized to enter into obligations
for the conversion of the Pine Tower Apartments in Bay City,
Michigan, from a leased housing contract under section 23 of
such Act to a project-based rental assistance contract under
section 8 of such Act.
(B) Repayment required.--The authorization made in
subparagraph (A) is conditioned on the repayment to the
Secretary of all amounts received by the public housing
agency under the comprehensive improvement assistance program
under section 14 of the United States Housing Act of 1937 for
the Pine Tower Apartment Project and the amounts, as
determined by the Secretary, received by the public housing
agency under the formula in section 14(k) of such Act by
reason of the project.
In the matter to be inserted by the amendment made by
section 5(b)(3) of the bill, strike ``Vallejo and Benecia and
to Napa County, in California, such cities and county'' and
insert ``Fairfield, Vallejo, Napa, and Vacaville, in
California, such cities''.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 122.42 national mammography day
On motion of Ms. NORTON, by unanimous consent, the joint resolution of
the Senate (S.J. Res. 220) to designate October 19, 1994, as ``National
Mammography Day;'' was taken from the Speaker's table.
When said joint resolution was considered and read twice, ordered to
be read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 122.43 presidential medal of freedon to martha raye
On motion of Ms. NORTON, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the following concurrent resolution (H. Con. Res. 35):
Whereas, in 1753, Josiah Hornblower, an English engineer
who was an associate and rival of James Watt, assembled the
1st functioning steam engine in the Western Hemisphere in
Belleville, New Jersey, to pump water from the Schuyler
copper mines;
Whereas, approximately 40 years after such assembly, the
1st steam engine made in the United States was manufactured
in a foundry in Belleville from designs by Josiah Hornblower;
Whereas, the designs were commissioned by Nicholas
Roosevelt, who was the great-uncle of Franklin Delano
Roosevelt and Theodore Roosevelt, to power the Polacca, which
was the 1st experimental steamboat in the United States;
Whereas the Polacca negotiated the Passaic River on October
21, 1798, which was several years before Robert Fulton's
boat, Clermont, sailed the Hudson River;
Whereas historians herald the invention of the steam engine
as the beginning of the industrial revolution;
Whereas the presence of Josiah Hornblower in Belleville
brought many of the initiators of the industrial revolution
in the United States to Belleville;
Whereas such individuals included members of the Rutgers
family, many of whom are buried in the cemetery of the old
Dutch Reformed Church in Belleville; and
Whereas Belleville has a rightful claim to the title
``Birthplace of the American Industrial Revolution'': Now,
therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That--
(1) the Congress recognizes Belleville, New Jersey, as the
birthplace of the industrial revolution in the United States;
and
(2) the President is authorized and requested to issue a
proclamation honoring Belleville as such birthplace.
When said concurrent resolution was considered and agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
Para. 122.44 national family literacy day
On motion of Ms. NORTON, by unanimous consent, the Committee on Post
Office Office and Civil Service was discharged from further
consideration of the joint resolution (H.J. Res. 413) designating
November 1, 1994, as ``National Family Literacy Day''.
When said joint resolution was considered, read twice, ordered to be
engrossed and read a third time, was read a third time by title, and
passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
Para. 122.45 national firefighters day
On motion of Ms. NORTON, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the joint resolution (H.J. Res. 411) designating October 29, 1994, as
``National Firefighters Day''.
When said joint resolution was considered, read twice, ordered to be
engrossed and read a third time, was read a third time by title, and
passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
Para. 122.46 small-town sunday
On motion of Ms. NORTON, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the joint resolution (H.J. Res. 184) to authorize the President to issue
a proclamation
[[Page 2467]]
designating Sunday, August 1, 1993, as ``Small-Town Sunday''.
When said joint resolution was considered and read twice.
Ms. NORTON submitted the following amendment in the nature of a
substitute which was agreed to:
Strike all after the resolving clause and insert the
following:
That the weekend of October 15-16, 1994, is designated as
``Small Towns and Townships Weekend'', and the President is
authorized and requested to issue a proclamation calling on
the people of the United States to observe such weekend with
appropriate ceremonies and activities.
The joint resolution, as amended, was ordered to be engrossed.
Ms. NORTON submitted the following amendment to the preamble, which
was agreed to:
``Whereas small towns and townships have been the spirit
and backbone of this great Nation and have provided many
common, traditional ideals and values throughout our history;
``Whereas it is appropriate to recognize the importance of
small towns and townships in the development of a sense of
community and to highlight the spirit of small towns and
townships;
``Whereas it is vital to unify residents of small towns and
townships in the process of revitalizing their own community
and reinvigorating small-town life; and
``Whereas it is fitting that official recognition be given
to the importance of small towns and townships and a weekend
set aside for activities that are most commonly associated
with small towns and townships, such as town festivals,
family picnics, and baseball games: Now, therefore, be it''.
The joint resolution, as amended, was ordered to be read a third time,
was read a third time by title, and passed.
By unanimous consent, the title was amended so as to read: ``Joint
resolution designating the weekend of October 15-16, 1994, as `Small
Towns and Townships Weekend'.''.
A motion to reconsider the votes whereby said joint resolution was
passed and the title and preamble were amended was, by unanimous
consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
Para. 122.47 veterans' benefits improvements
On motion of Mr. MONTGOMERY, by unanimous consent, the Committee on
Veterans Affairs was discharged from further consideration of the bill
(H.R. 5244) to amend title 38, United States Code, to revise and improve
veterans' benefits programs, and for other purposes;
When said bill was considered and read twice.
Mr. MONTGOMERY submitted the following amendment which was agreed to:
Beginning on page 76, line 1, strike out all through page
81, line 11, and amend the table of contents.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 122.48 window rock unified school district
On motion of Mr. KILDEE, by unanimous consent, the Committee on
Education and Labor was discharged from further consideration of the
bill (H.R. 5220) to provide for the acceptance by the Secretary of
Education of applications submitted by the local educational agency
serving the Window Rock Unified School District, Window Rock, Arizona,
under section 3 of the Act of September 30, 1950 (Public Law 874, 81st
Congress) for fiscal years 1994 and 1995.
When said bill was considered, read twice, ordered to be engrossed and
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 122.49 printing--tribute to honorable jamie l. whitten
On motion of Mr. MANTON, by unanimous consent, the Committee on House
Administration was discharged from further consideration of the
following concurrent resolution (H. Con. Res. 314):
Resolved by the House of Representatives (the Senate
concurring), That a collection of statements made in tribute
to Representative Jamie L. Whitten, prepared under the
supervision of the Joint Committee on Printing, shall be
printed as a House document, with illustrations and suitable
binding.
Sec. 2. In addition to the usual number, there shall be
printed the lesser of--
(1) 1,850 copies (including 400 casebound copies) of the
document, of which 550 copies (including 100 casebound
copies) shall be for the use of the House of Representatives,
110 copies (including 100 casebound copies) shall be for the
use of the Senate, and 1,190 copies (including 200 casebound
copies shall be for the use of the Joint Committee on
Printing; or
(2) such number of copies of the document as does not
exceed a total production and printing cost of $19,527, with
such copies to be allocated in the same proportion as
described in paragraph (1).
When said concurrent resolution was considered and agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
Para. 122.50 federal power act amendments
On motion of Mr. SHARP, by unanimous consent, the bill of the Senate
(S. 2384) to extend the deadlines applicable to certain hydroelectric
projects under the Federal Power Act, and for other purposes; was taken
from the Speaker's table.
When said bill was considered and read twice.
Mr. SHARP submitted the following amendment in the nature of a
substitute which was agreed to:
Strike all after the enacting clause and insert:
SECTION 1. EXTENSIONS OF DEADLINES FOR HYDROPOWER PROJECTS.
(a) In General.--Notwithstanding the time limitations of
section 13 of the Federal Power Act (16 U.S.C. 806), the
Federal Energy Regulatory Commission, upon the request of the
licensees for FERC Projects No. 3701, 3943, 3944, 4204, 4474,
4660, 4659, 4797, 6901, 6902, 9423, and 10228 (and after
reasonable notice), is authorized, in accordance with the
good faith, due diligence, and public interest requirements
of such section 13 and the Commission's procedures under such
section, to extend the time required for commencement of
construction for each such project for a maximum of 2-years.
This section shall take effect for each such project upon the
expiration of the extension (issued by the Commission under
such section 13 or by Act of Congress) of the period required
for commencement of construction of such project.
(b) Termination.--The authorization for issuing extensions
under this section shall terminate 3 years after the date of
enactment of this section. To facilitate requests for
extensions, the Commission may consolidate the requests. The
Commission shall, in the case of any project referenced in
subsection (a) that has had more than 2 extensions under the
Federal Power Act or any other provision of law, shall
examine and, at the time of granting extensions under this
Act, report to the Congress the reasons for delay in
construction by each licensee and the Commission's views on
the ability of the licensee to comply with the construction
requirements of the Federal Power Act before the end of such
extension.
SEC. 2. REINSTATEMENT
(a) In General.--The Federal Energy Regulatory Commission
authorized and directed to reinstate effective May 23, 1993,
in accordance with the good faith, due diligence, and public
interest requirements of section 13 of the Federal Power Act
(16 U.S.C. 806) and the Commission's procedures under such
section, the hydroelectric license previously issued for
Project No. 7829. Commencement of construction within the
meaning of section 13 of the Federal Power Act shall commence
within 4 years of such date.
(b) Termination.--The authorization under this section
shall terminate 3 years after the date of enactment of this
section.
SEC. 3. EXEMPTION OF PORTION OF EL VADO HYDROELECTRIC PROJECT
FROM LICENSING REQUIREMENT OF PART I OF THE
FEDERAL POWER ACT.
(a) Exemption.--The Federal Energy Regulatory Commission
shall provide that the 69 KV transmission line, including the
right-of-way, which originates in the switchyard of the El
Vado Hydroelectric Project, New Mexico (FERC project numbered
5226) and extends north to the Spills Switching Station
operated by the Northern Rio Arriba Electric Cooperative,
Inc. (``NORA''), located in Rio Arriba County, New Mexico may
be exempt for the term of the applicable license from so much
of part I of the Federal Power Act as the Commission deems
necessary to permit NORA to effectively and prudently utilize
its system in conjunction with, and in furtherance of, the
license unless the Commission finds after reasonable notice
that such exemption is not in the public interest. The
Commission shall initiate this action upon application of the
licensee made within 120 days after the enactment of this
Act, and the Commission shall provide such exemption without
delay.
[[Page 2468]]
SEC. 4. CERTAIN PROJECTS UNDER THE FEDERAL POWER ACT IN
ALASKA.
(a) Amendment to Section 2407(a).--Section 2407(a) of the
Energy Policy Act of 1992 is amended by striking ``may'' and
inserting ``shall, in the case of the projects referenced in
paragraphs (1) and (3) of this subsection and may, in the
case of the project in paragraph (2) of this subsection,''.
(b) Amendment to Section 2407(f).--Section 2407(f) of such
Act is amended by adding the following new sentence at the
end thereof: ``The Commission shall, on its own motion,
provide such exemption at any time after the enactment of
this sentence, taking into consideration any application
filed with the Commission prior to such enactment. The
Commission shall report to the Congress the actions taken
under this section and if the Commission fails to grant any
such exemption in paragraphs (1) and (3) of subsection (a),
shall explain the reasons for such failure.''.
SEC. 5. HAWAII LEGISLATIVE REPORT.
The Federal Energy Regulatory Commission, taking into
consideration the Commission's Study, April 13, 1994, of
Hydroelectric Licensing in the State of Hawaii, shall
initiate a proceeding for the purpose of making
recommendations to the Congress in the first session of the
104th Congress for legislation to provide for the transfer to
the State of Hawaii of all or part of the Commission's
authority under the Federal Power Act for the licensing of
new hydroelectric projects in the State of Hawaii without
affecting the applicability of other Federal environmental
laws and regulations to such projects, without transferring
such authority to the State in the case of any such projects
that could conflict with the management and operation of any
National Wildlife Refuge or National Park in Hawaii, and
without, to the greatest extent possible, establishing a
precedent with respect to other States, Guam, the Virgin
Islands, and the Commonwealth of Puerto Rico. The Commission
shall obtain the views of the State of Hawaii and other
Federal environmental agencies on any proposed legislative
recommendation and shall include such views in the report of
the Commission transferring the Commission's recommendations
to the Congress. The Commission shall include its views and
recommendations and those of any individual member of the
Commission.
SEC. 6. SIZE LIMITATIONS OF ELIGIBLE FACILITIES UNDER PURPA.
Section 3(17)(E) of the Federal Power Act (16 U.S.C. 791a
and following) is amended by striking ``1994'' and inserting
``1996''.
The bill, as amended, was ordered to be read a third time, was read a
third time by title, and passed.
A motion to reconsider the vote whereby said bill, as amended, was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
Para. 122.51 narcotics control
On motion of Mr. GEJDENSON, by unanimous consent, the Committee on
Foreign Affairs was discharged from further consideration of the bill
(H.R. 5246) to amend the Foreign Assistance Act of 1961 to make certain
corrections relating to international narcotics control activities, and
for other purposes.
When said bill was considered, read twice, ordered to be engrossed and
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 122.52 federal employees health benefits program
On motion of Ms. NORTON, by unanimous consent, the Committee on Post
Office and Civil Service was discharged from further consideration of
the bill (H.R. 5164) to provide for the enrollment of individuals
enrolled in a health benefits plan administered by the Office of the
Comptroller of the Currency or the Office of Thrift Supervision in the
Federal Employees Health Benefits Program.
When said bill was considered, read twice, ordered to be engrossed and
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 122.53 recess--7:46 p.m.
The SPEAKER pro tempore, Mr. SHARP, pursuant to clause 12 of rule I,
declared the House in recess at 7 o'clock and 46 minutes p.m., until
7:57 p.m.
Para. 122.54 after recess--8:10 p.m.
The SPEAKER pro tempore, Mr. SHARP, called the House to order.
Para. 122.55 convening of the 104th congress
Mr. HOYER submitted the privileged joint resolution (H.J. Res. 425)
providing for the convening of the First Session of the One Hundred
Fourth Congress.
When said joint resolution was considered, read twice, ordered to be
engrossed and read a third time, was read a third time by title, and
passed.
A motion to reconsidered the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
Para. 122.56 adjournment of the two houses
Mr. HOYER, by unanimous consent, submitted the following concurrent
resolution (H. Con. Res. 315):
Resolved by the House of Representatives (the Senate
concurring), That when the House adjourns on the legislative
day of Friday, October 7, 1994 pursuant to a motion made by
the Majority Leader, or his designee, in accordance with this
concurrent resolution, it stand adjourned until noon on
Tuesday, November 29, 1994, or until noon on the second day
after Members are notified to reassemble pursuant to section
3 of this concurrent resolution, whichever occurs first; and
that when the Senate adjourns or recesses at the close of
business on any day from Friday, October 7, 1994 through
Friday, October 14, 1994, pursuant to a motion made by the
Majority leader, or his designee, in accordance with this
concurrent resolution, it stand recessed or adjourned until 9
a.m. on Wednesday, November 30, 1994, or such time on that
day as may be specified by the Majority Leader or his
designee in the motion to recess or adjourn, or until noon on
the second day after Members are notified to reassemble
pursuant to section 3 of this concurrent resolution,
whichever occurs first.
Sec. 2. When the House adjourns on the legislative day of
Tuesday, November 29, 1994, pursuant to a motion made by the
Majority Leader, or his designee, in accordance with this
concurrent resolution, it stand adjourned sine die, or until
noon on the second day after Members are notified to
reassemble pursuant to section 3 of this concurrent
resolution; and that when the Senate adjourns at the close of
business on Thursday, December 1, 1994, it stand adjourned
sine die, or until noon on the second day after Members are
notified to reassemble pursuant to section 3 of this
concurrent resolution.
Sec. 3. The Speaker of the House and the Majority Leader of
the Senate, acting jointly after consultation with the
Minority Leader of the House and the Minority Leader of the
Senate, shall notify the Members of the House and the Senate,
respectively, to reassemble whenever, in their opinion, the
public interest shall warrant it.
When said concurrent resolution was considered and agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
Para. 122.57 providing for the adoption of h. res. 578
Mr. MOAKLEY, by direction of the Committee on Rules, reported (Rept.
No. 103-851) the resolution (H. Res. 579) providing for the adoption of
the resolution (H. Res. 578) amending the Rules of the House of
Representatives to apply certain laws to the House of Representatives,
and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
Para. 122.58 providing for the adoption of h. res. 578
Mr. MOAKLEY, by direction of the Committee on Rules, called up the
following resolution (H. Res. 579):
Resolved, That House Resolution, 578 is hereby adopted.
The question being put, viva voce,
Will the House now consider said resolution?
The SPEAKER announced that two-thirds of the Members present had voted
in the affirmative.
So, the House decided to consider said resolution.
After debate,
On motion of Mr. MOAKLEY, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. SHARP, announced that the yeas had it.
Mr. MOAKLEY objected to the vote on the ground that a quorum was not
present and not voting.
[[Page 2469]]
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
348
When there appeared
<3-line {>
Nays
3
Para. 122.59 [Roll No. 505]
YEAS--348
Abercrombie
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Bachus (AL)
Baesler
Baker (CA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bishop
Bliley
Blute
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Burton
Buyer
Byrne
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crapo
Danner
Darden
de la Garza
Deal
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Duncan
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Fingerhut
Foley
Ford (MI)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Gordon
Grams
Greenwood
Gunderson
Hall (OH)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Hoyer
Huffington
Hughes
Hunter
Hyde
Inglis
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Livingston
Long
Lowey
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moorhead
Moran
Morella
Myers
Nadler
Neal (NC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Pallone
Pastor
Paxon
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickle
Pombo
Pomeroy
Portman
Poshard
Price (NC)
Quinn
Rahall
Ramstad
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rostenkowski
Roth
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Skaggs
Skeen
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Stark
Stearns
Stokes
Strickland
Stump
Stupak
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Towns
Traficant
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Waters
Watt
Weldon
Wheat
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--3
Crane
Dreier
Goss
NOT VOTING--84
Ackerman
Applegate
Archer
Armey
Bacchus (FL)
Baker (LA)
Barton
Bateman
Bilirakis
Blackwell
Boehlert
Brown (CA)
Bunning
Callahan
Chapman
Clay
Collins (MI)
Cunningham
DeFazio
DeLay
Edwards (CA)
Fish
Flake
Foglietta
Ford (TN)
Gallo
Gibbons
Goodling
Grandy
Green
Gutierrez
Hall (TX)
Houghton
Hutchinson
Hutto
Inhofe
Istook
Johnston
Kyl
LaFalce
Laughlin
Lehman
Levy
Lewis (FL)
Lipinski
Lloyd
McCollum
McCrery
McCurdy
McDade
McMillan
Meehan
Molinari
Murphy
Murtha
Neal (MA)
Packard
Parker
Payne (NJ)
Payne (VA)
Penny
Pickett
Porter
Pryce (OH)
Quillen
Rangel
Ravenel
Rose
Roukema
Sisisky
Skelton
Slattery
Smith (OR)
Spratt
Stenholm
Studds
Sundquist
Taylor (NC)
Torricelli
Tucker
Walsh
Washington
Waxman
Whitten
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Pursuant to House Resolution 579, the following resolution (H. Res.
578) was considered agreed to:
Resolved,
SECTION 1. APPLICATION OF CERTAIN LAWS TO THE HOUSE OF
REPRESENTATIVES.
The Rules of the House of Representatives are amended by
adding at the end the following new rule:
``Rule LII.
``application of certain laws.
``1. There is established an Office of Compliance which
shall have a Board of Directors consisting of 5 individuals
appointed jointly by the Speaker and the minority leader.
Appointments of the first 5 members of the Board of Directors
shall be completed not later than 120 days after the
beginning of the One Hundred Fourth Congress.
``2. (a) The Office of Compliance shall carry out the
duties and functions set forth in sections 2 through 16 of
House Resolution ____, One Hundred Third Congress, including
the issuance of regulations, to implement the requirements of
the following laws to the House of Representatives:
``(1) The Fair Labor Standards Act of 1938 (29 U.S.C. 201
et seq.), effective at the beginning of the second session of
the One Hundred Fourth Congress.
``(2) Title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.), effective at the beginning of the second
session of the One Hundred Fourth Congress.
``(3) The Americans With Disabilities Act of 1990 (42
U.S.C. 12101 et seq.), effective at the beginning of the
second session of the One Hundred Fourth Congress.
``(4) The Age Discrimination in Employment Act of 1967 (29
U.S.C. 621 et seq.) (including remedies available to private
employees), effective at the beginning of the second session
of the One Hundred Fourth Congress.
``(5) Titles I and V of the Family and Medical Leave Act of
1993 (29 U.S.C. 2611 et seq.), effective at the beginning of
the second session of the One Hundred Fourth Congress.
``(6) The Occupational Safety and Health Act of 1970 (other
than section 19) (29 U.S.C. 651 et seq.) (subject to
paragraph (c)), effective at the beginning of the One Hundred
Fifth Congress.
``(7) Chapter 71 (relating to Federal labor management
relations) of title 5, United States Code, effective at the
beginning of the One Hundred Fifth Congress.
``(8) The Employee Polygraph Protection Act of 1988 (29
U.S.C. 2001 et seq.), effective at the beginning of the
second session of the One Hundred Fourth Congress, except
that this Act shall not apply to the United States Capitol
Police.
``(9) The Worker Adjustment and Retraining Notification Act
(29 U.S.C. 2101 et seq.), effective at the beginning of the
second session of the One Hundred Fourth Congress.
``(10) The Rehabilitation Act of 1973 (29 U.S.C. 791),
effective at the beginning of the second session of the One
Hundred Fourth Congress.
``(b) Any provision of Federal law shall, to the extent
that it relates to the terms and conditions of employment
(including hiring, promotion or demotion, salary and wages,
overtime compensation, benefits, work assignments or
reassignments, termination, protection from discrimination in
personnel actions, health and safety of employees, and family
and medical leave) of employees apply to the House in
accordance with this rule.
``(c) The House shall comply with the Occupational Safety
and Health Act of 1970 as follows: If a citation of a
violation of such Act is received, action to abate the
violation shall take place as soon as possible, but no later
than the fiscal year following the fiscal year in which the
citation is issued, subject to the availability of funds
appropriated for that purpose after the receipt of the
citation.
``3. (a)(1) The Chairperson of the Board of Directors of
the Office shall appoint, may establish the compensation of,
and may terminate, subject to the approval of the Board of
Directors, an Executive Director (referred to in this rule as
the `executive director'). The compensation of the executive
director may not exceed the compensation for level V of the
Executive Schedule under section 5316 of title 5, United
States Code. The executive director shall be an individual
with training or expertise in the application of the laws
referred to in clause 2. The appointment of the first
executive director shall be completed no later than 120 days
after the initial appointment of the Board of Directors.
``(2) The executive director may not be an individual who
holds or may have held the position of Member of the House of
Representatives or Senator. The executive director may not be
an individual who holds the position of employee of the House
or the Senate but the executive director may be an individual
who held such a position at least 4 years before appointment
as executive di-
[[Page 2470]]
rector. The term of office of the executive director shall be
a single term of 5 years.
``(b)(1)(A) No individual who engages in, or is otherwise
employed in, lobbying of the Congress and who is required
under the Federal Regulation of Lobbying Act to register with
the Secretary of the Senate or the Clerk shall be considered
eligible for appointment to, or service on, the Board of
Directors.
``(B) No member of the Board of Directors may hold or may
have held the position of Member of the House of
Representatives or Senator, may hold the position of employee
of the House or Senate, or may have held such a position
within 4 years of the date of appointment.
``(2) If during a term of office a member of the Board of
Directors engages in an activity described in subparagraph
(1)(A), such position shall be declared vacant and a
successor shall be selected in accordance with paragraph
(a)(1).
``(3) A vacancy in the Board of Directors shall be filled
in the manner in which the original appointment was made.
``(c)(1) Except as provided in subparagraph (2), membership
on the Board of Directors shall be for 5 years. A member
shall only be eligible for appointment for a single term of
office.
``(2) Of the members first appointed to the Board of
Directors--
``(A) 1 shall have a term of office of 3 years,
``(B) 2 shall have a term of office of 4 years, and
``(C) 2 shall have a term of office of 5 years,
as designated at the time of appointment by the persons
specified in paragraph (a)(1).
``(3) Any member of the Board of Directors may be removed
from office by a majority decision of the appointing
authorities described in paragraph (a)(1) and only for--
``(A) disability that substantially prevents the member
from carrying out the duties of the member,
``(B) incompetence,
``(C) neglect of duty,
``(D) malfeasance, or
``(E) a felony or conduct involving moral turpitude.
``(d) The Chairperson of the Board of Directors shall be
appointed from the members of the Board of Directors by the
members of the Board.''.
SEC. 2. DEFINITIONS.
As used in sections 2 through 16:
(1) The term ``employee of the House'' means any individual
(other than a Member) whose pay is disbursed by the Director
of Non-legislative and Financial Services or any individual
to whom supervision and all other employee-related matters
were transferred to the Sergeant at Arms pursuant to
direction of the Committee on Appropriations in House Report
103-517 of the One Hundred Third Congress, and such term
includes an applicant for the position of employee and a
former employee.
(2) The term ``employing authority'' means, with respect to
an employee, the Member of the House of Representatives or
elected officer of the House of Representatives, or the
Director of the Congressional Budget Office, with the power
to appoint the employee.
(3) The term ``Member of the House of Representatives''
means a Representative in, or a Delegate or Resident
Commissioner to, the Congress.
(4) The term ``elected officer of the House of
Representatives'' means an elected officer of the House of
Representatives (other than the Speaker and the Chaplain).
(5) The term ``Office'' refers to the Office of Compliance
established by rule LII of the Rules of the House of
Representatives.
SEC. 3. APPLICATION OF LAWS.
(a) The laws set forth in clause 2 of rule LII of the Rules
of the House of Representatives shall apply, as prescribed by
that rule, to the House of Representatives.
(b) The laws referred to in rule LI of the Rules of the
House of Representatives which apply on December 31, 1994, to
House employees shall continue to apply to such employees
until the effective date such laws are made applicable in
accordance with this resolution.
SEC. 4. ADMINISTRATIVE MATTERS RELATING TO THE OFFICE OF
COMPLIANCE.
(a)(1) Each member of the Board of Directors shall be
compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level V of the
Executive Schedule under section 5316 of title 5, United
States Code, for each day (including travel time) during
which such member is engaged in the performance of the duties
of the Board.
(2) Each member of the Board of Directors shall receive
travel expenses, including per diem in lieu of subsistence,
at rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code,
for each day the member is engaged in the performance of
duties away from the home or regular place of business of the
member.
(b) The executive director may appoint and fix the
compensation of such staff, including hearing officers, as
are necessary to carry out this resolution.
(c) The executive director may, with the prior consent of
the Government department or agency concerned, use the
services of any such department or agency, including the
services of members or personnel of the General Accounting
Office Personnel Appeals Board.
(d) The executive director may procure the temporary (not
to exceed 1 year) or intermittent services of individual
consultants or organizations thereof.
SEC. 5. STUDY AND REGULATIONS.
(a) The Board of Directors shall conduct a study of the
manner in which the laws referred to in clause 2(a) of rule
LII of the Rules of the House of Representatives should apply
to the House of Representatives. The Board of Directors shall
complete such study and report the results to House of
Representatives not later than 180 days after the date of the
first appointment of the first executive director.
(b) On an ongoing basis the Board of Directors--
(1) shall determine which of the laws referred to in clause
2(b) of rule LII of the Rules of the House of Representatives
should apply to the House of Representatives and if it
should, the manner in which it should be made applicable;
(2) shall study the application to the House of provisions
of Federal law referred to in paragraphs (a) and (b) of
clause 2 of rule LII of the Rules of the House of
Representatives that are enacted after the date of adoption
of this resolution;
(3) may propose regulations with respect to such
application in accordance with subsection (c); and
(4) may review the regulations in effect under subsection
(e)(1) and make such amendments as may be appropriate in
accordance with subsection (c).
(c)(1)(A) Not later than 180 days after the date of the
completion of the study under subsection (a), the Board of
Directors shall, in accordance with section 553 of title 5,
United States Code, propose regulations to implement the
requirements of the laws referred to in clause 2(a) of rule
LII of the Rules of the House of Representatives. The Board
of Directors shall provide a period of at least 30 days for
comment on the proposed regulations.
(B) In addition to publishing a general notice of proposed
rulemaking under section 553(b) of title 5, United States
Code, the Board of Directors shall concurrently submit such
notice for publication in the Congressional Record.
(C) When proposing regulations under subparagraph (A) to
implement the requirements of a law referred to in clause
2(a) of rule LII of the Rules of the House of
Representatives, the Board of Directors shall recommend to
the House of Representatives changes in or repeals of
existing law to accommodate the application of such law to
the House.
(D) The Board of Directors shall, in accordance with such
section 553, issue final regulations not later than 60 days
after the end of the comment period on the proposed
regulations.
(2)(A) Not later than 180 days after the date of the
completion of the study or a determination under subsection
(b), the Board of Directors shall, in accordance with section
553 of title 5, United States Code, propose regulations that
specify which of the provisions of Federal law considered in
such study shall apply to the House of Representatives. The
Board of Directors shall provide a period of at least 30 days
for comment on the proposed regulations.
(B) In addition to publishing a general notice of proposed
rulemaking under section 553(b) of title 5, United States
Code, the Board of Directors shall concurrently submit such
notice for publication in the Congressional Record.
(C) When proposing regulations under subparagraph (A)
specifying which of the provisions of Federal law referred to
in clause 2(b) of rule LII of the Rules of the House of
Representatives shall apply to the House of Representatives,
the Board of Directors shall recommend to the House of
Representatives changes in or repeals of existing law to
accommodate the application of such law to the House.
(D) The Board of Directors shall, in accordance with such
section 553, issue final regulations not later than 60 days
after the end of the comment period on the proposed
regulations.
(3) Regulations under paragraphs (1) and (2) shall be
consistent with the regulations issued by an agency of the
executive branch of the Federal Government under the
provision of law made applicable to the House of
Representatives, including portions relating to remedies.
(4) If a regulation is disapproved by a resolution
considered under subsection (e), not later than 60 days after
the date of the disapproval, the Board of Directors shall
propose a new regulation to replace the regulation
disapproved. The action of the Board of Directors under this
paragraph shall be in accordance with the applicable
requirements of this subsection.
(d) A final regulation issued under subsection (c) shall be
transmitted to the House of Representatives for consideration
under paragraph (e).
(e)(1) Subject to subsection (f), a final regulation which
is issued under subsection (c) shall take effect upon the
expiration of 60 days from the date the final regulation is
issued unless disapproved by the House of Representatives by
resolution.
(2) A resolution referred to in paragraph (1) may be
introduced in the House of Representatives within 5
legislative days after the date on which the Board of
Directors issues the final regulation to which the resolution
applies. The matter after the resolving clause of the
resolution shall be as follows: ``That the House of
Representatives disapproves the issuance of final regulations
of
[[Page 2471]]
the Office of Compliance as issued on ____________ (the blank
space being appropriately filled in).''.
(3) A resolution referred to in paragraph (1) shall be
referred to the appropriate committee. If no resolution is
reported within 15 legislative days after the Board of
Directors issues final regulations under subsection (c)(1)(D)
or (c)(2)(D), the committee to which the resolution was
referred shall be discharged from further consideration of
the first such resolution introduced and the resolution shall
be placed on the appropriate calendar. Any meeting of a
committee on a resolution shall be open to the public. Within
5 legislative days after the resolution is reported or
discharged, it shall be in order as a privileged matter to
move to proceed to its consideration and such motion shall
not be debatable. The resolution shall be debatable for not
to exceed 4 hours equally divided between proponents and
opponents and it shall not be subject to amendment.
(f) Any meeting of the Board of Directors held in
connection with a study under subsection (a) or (b) shall be
open to the public. Any meeting of the Board of Directors in
connection with a regulation under subsection (c) shall be
open to the public.
SEC. 6. OTHER FUNCTIONS.
(a) The executive director shall adopt rules governing the
procedures of the Office, subject to the approval of the
Board of Directors, including the procedures of hearing
boards, which shall be submitted for publication in the
Congressional Record. The rules may be amended in the same
manner. The executive director may consult with the Chairman
of the Administrative Conference of the United States and the
General Counsel of the House of Representatives on the
adoption of rules.
(b) The executive director shall have authority to conduct
such investigations as the executive director requires to
implement sections 7 through 10.
(c) The Office shall--
(1) carry out a program of education for Members of the
House of Representatives and other employing authorities of
the House of Representatives respecting the laws made
applicable to them and a program to inform individuals of
their rights under laws applicable to the House of
Representatives and under sections 7 through 10,
(2) in carrying out the program under paragraph (1),
distribute the telephone number and address of the Office,
procedures for action under sections 7 through 10, and any
other information the executive director deems appropriate
for distribution, distribute such information to Members and
other employing authorities of the House in a manner suitable
for posting, provide such information to new employees of the
House, distribute such information to the residences of
employees of the House, and conduct seminars and other
activities designed to educate employers and employees in
such information,
(3) compile and publish statistics on the use of the Office
by employees of the House, including the number and type of
contacts made with the Office, on the reason for such
contacts, on the number of employees who initiated
proceedings with the Office under sections 7 through 10 and
the result of such proceedings, and on the number of
employees who filed a complaint under section 10, the basis
for the complaint, and the action taken on the complaint, and
(4) within 180 days of the initial appointment of the
executive director and in conjunction with the Clerk, develop
a system for the collection of demographic data respecting
the composition of employees of the House, including race,
sex, and wages, and a system for the collection of
information on
employment practices, including family leave and flexible
work hours, in House offices.
(d) Within one year of the date the system referred to in
subsection (c)(4) is developed and annually thereafter, the
Board of Directors shall submit to the House of
Representatives a report on the information collected under
such system. Each report after the first report shall contain
a comparison and evaluation of data contained in the previous
report.
SEC. 7. PROCEDURE FOR CONSIDERATION OF ALLEGED VIOLATIONS.
The procedure for consideration of alleged violations of
laws made applicable to the House of Representatives under
this rule consists of 3 steps as follows:
(1) Step I, counseling, as set forth in section 8.
(2) Step II, mediation, as set forth in section 9.
(3) Step III, formal complaint and hearing by a hearing
board, as set forth in section 10.
SEC. 8. STEP I: COUNSELING.
(a) An employee of the House alleging a violation of a law
made applicable to the House of Representatives under rule
LII of the Rules of the House of Representatives may request
counseling through the Office. The Office shall provide the
employee with all relevant information with respect to the
rights of the employee. A request for counseling shall be
made not later than 180 days after the alleged violation
forming the basis of the request for counseling occurred.
(b) The period for counseling shall be 30 days unless the
employee and the Office agree to reduce the period. The
period shall begin on the date the request for counseling is
received.
SEC. 9. STEP II: MEDIATION.
(a) Not later than 15 days after the end of the counseling
period under section 8, the employee who alleged a violation
of a law made applicable to the House of Representatives
under rule LII of the Rules of the House of Representatives
may file a request for mediation with the Office. Mediation--
(1) may include the Office, the employee, the employing
authority, and individuals who are recommended by
organizations composed primarily of individuals experienced
in adjudicating or arbitrating personnel matters, and
(2) shall be a process involving meetings with the parties
separately or jointly for the purpose of resolving the
dispute between the employee and the employing authority.
(b) The mediation period shall be 30 days beginning on the
date the request for mediation is received and may be
extended for an additional 30 days at the discretion of the
Office. The Office shall notify the employee and the head of
the employing authority when the mediation period has ended.
SEC. 10. STEP III: FORMAL COMPLAINT AND HEARING.
(a) Not later than 30 days after receipt by the employee of
the House of notice from the Office of the end of the
mediation period under section 9, the employee of the House
may file a formal complaint with the Office against the head
of the employing authority involved. No complaint may be
filed unless the employee has made a timely request for
counseling and has completed the procedures set forth in
sections 8 and 9.
(b) A board of 3 independent hearing officers (hereinafter
in this resolution referred to as a ``hearing board''), who
are not Members, officers, or employees of the House, chosen
by the executive director (one of whom shall be designated by
the executive director as the presiding hearing officer)
shall be assigned to consider each complaint filed under
subsection (a). The executive director shall appoint hearing
officers from candidates who are recommended by the Federal
Mediation and Conciliation Service or the Administrative
Conference of the United States. A hearing board shall act by
majority vote.
(c) Prior to a hearing under subsection (d), a hearing
board may dismiss any claim that it finds to be frivolous.
(d) A hearing shall be conducted--
(1) in closed session on the record by a hearing board; and
(2) no later than 30 days after filing of the complaint
under subsection (a), except that the Office may, for good
cause, extend up to an additional 60 days the time for
conducting a hearing.
(e) Reasonable prehearing discovery may be permitted at the
discretion of the hearing board.
(f)(1) A hearing board may authorize subpoenas, which shall
be issued by the presiding hearing officer on behalf of the
hearing board under the seal of the House of Representatives
for the attendance of witnesses at proceedings of the hearing
board and for the production of correspondence, books,
papers, documents, and other records. The attendance of
witnesses and the production of evidence may be required from
any place within the United States.
(2) If a person refuses to obey a subpoena issued under
paragraph (1), the hearing board may report the refusal to
the Committee on Rules which may take any action it deems
appropriate, which shall be authorized by the Chairman and
ranking minority member acting jointly. Such action may
include--
(A) a referral to the Committee on Standards of Official
Conduct if the refusal is by a current Member of the House of
Representatives or officer or employee of the House of
Representatives, or
(B) a report to the House of Representatives of a
resolution to certify a contempt pursuant to sections 102 and
104 of the Joint Resolution of June 22, 1938 (2 U.S.C. 192,
194) if the failure is by someone other than a current Member
of the House of Representatives or officer or employee of the
House of Representatives.
(3) The subpoenas of the hearing board shall be served in
the manner provided for subpoenas issued by a United States
district court under the Federal Rules of Civil Procedure for
the United States district courts.
(4) All process of any court to which application is to be
made under paragraph (2) may be served in the judicial
district in which the person required to be served resides or
may be found.
(5) The hearing board is an agency of the United States for
the purpose of part V of title 18, United States Code
(relating to immunity of witnesses).
(g) As expeditiously as possible, but in no case more than
45 days after the conclusion of the hearing, the hearing
board shall make a decision in the matter for which the
hearing was held. The decision of the hearing board shall be
transmitted by the Office to the employee of the House and
the employing authority. The decision shall state the issues
raised by the complaint, describe the evidence in the record,
and contain a determination as to whether a violation of a
law made applicable to the House of Representatives under
this rule has occurred. Any decision of the hearing board
shall contain a written statement of the reasons for the
hearing board's decision. A final decision of the hearing
board shall be made available to the public by the Office.
(h) If the decision of the hearing board under subsection
(g) is that a violation of a law made applicable to the House
of Representatives under rule LII of the Rules of the House
of Representatives, it shall order the remedies under such
law as made applicable to the House of Representatives under
[[Page 2472]]
that rule, except that no Member of the House of
Representatives or any other head of an employing authority,
or agent of such a Member shall be personally liable for the
payment of compensation. The hearing board shall have no
authority to award punitive damages.
(i)(1) A House employee or an employing authority may
request the Board of Directors to review a decision of the
hearing board under subsection (g) (including a decision
after a remand under paragraph (2)(A)). Such a request shall
be made within 30 days of the date of the decision of the
hearing board. Review by the Board of Directors shall be
based on the record of the hearing board.
(2) The Board of Directors shall issue a decision not later
than 60 days after the date of the request under paragraph
(1). The decision of the Board of Directors may--
(A) remand to the hearing board the matter before the Board
of Directors for the purpose of supplementing the record or
for further consideration;
(B) reverse the decision of the hearing board and enter a
new decision and order in accordance with subsection (h); or
(C) direct that the decision and order of the hearing board
be considered as the final decision.
(j) There shall be established in the House of
Representatives a fund from which compensation (including
attorney's fees) may be paid in accordance with an order
under subsection (h) or (i). From the outset of any
proceeding in which compensation may be paid from a fund of
the House of Representatives, the General Counsel of the
House of Representatives may provide the respondent with
representation.
SEC. 11. RESOLUTION OF COMPLAINT.
If, after a formal complaint is filed under section 10, the
employee and the employing authority resolve the issues
involved, the employee may withdraw the complaint or the
parties may enter into a written agreement, subject to the
approval of the executive director.
SEC. 12. PROHIBITION OF INTIMIDATION.
Any intimidation of, or reprisal against, any employee of
the House by any Member, officer, or employee of the House of
Representatives because of the exercise of a right under this
resolution constitutes an unlawful employment practice, which
may be remedied in the same manner under this resolution as
is a violation of a law made applicable to the House of
Representatives under rule LII of the Rules of the House of
Representatives.
SEC. 13. CONFIDENTIALITY.
(a) All counseling shall be strictly confidential except
that the Office and the employee may agree to notify the head
of the employing authority of the allegations.
(b) All mediation shall be strictly confidential.
(c) Except as provided in subsection (d), the hearings and
deliberations of the hearing board shall be confidential.
(d) At the discretion of the executive director, the
executive director may provide to the Committee on Standards
of Official Conduct access to the records of the hearings and
decisions of the hearing boards, including all written and
oral testimony in the possession of the hearing boards,
concerning a decision under section 10(g). The executive
director shall not provide such access until the executive
director has consulted with the individual filing the
complaint at issue in the hearing, and until the hearing
board has issued the decision.
(e) The executive director shall coordinate the proceedings
with the Committee on Standards of Official Conduct to ensure
effectiveness, to avoid duplication, and to prevent
penalizing cooperation by respondents in their respective
proceedings.
SEC. 14. POLITICAL AFFILIATION AND PLACE OF RESIDENCE.
(a) It shall not be a violation of a law made applicable to
the House of Representatives under rule LII of the Rules of
the House of Representatives to consider the--
(1) party affiliation,
(2) domicile, or
(3) political compatibility with the employing authority,
of an employee of the House with respect to employment
decisions.
(b) For purposes of subsection (a), the term ``employee''
means--
(1) an employee on the staff of the House of
Representatives leadership,
(2) an employee on the staff of a committee or
subcommittee,
(3) an employee on the staff of a Member of the House of
Representatives,
(4) an officer or employee of the House of Representatives
elected by the House of Representatives or appointed by a
Member of the House of Representatives, other than those
described in paragraphs (1) through (3), or
(5) an applicant for a position that is to be occupied by
an individual described in paragraphs (1) through (4).
SEC. 15. EXCLUSIVITY OF PROCEDURES AND REMEDIES.
The procedures and remedies under rule LII of the Rules of
the House of Representatives are exclusive except to the
extent that the Rules of the House of Representatives and the
rules of the Committee on Standards of Official Conduct
provide for additional procedures and remedies.
SEC. 16. STUDY.
(a) The Office shall conduct a study--
(1) of the ways that access by the public to information
held by the House of Representatives may be improved and
streamlined, and of the application of section 552 of title
5, United States Code to the House of Representatives; and
(2) of the application of the requirement of section 552a
of title 5, United States Code, to the House of
Representatives.
(b) The study conducted under subsection (a) shall
examine--
(1) information that is currently made available under such
section 552 by Federal agencies and not by the House of
Representatives;
(2) information held by the nonlegislative offices of the
House of Representatives, including--
(A) the Director of Non-legislative and Financial Services,
(B) the Clerk,
(C) the Inspector General,
(D) the Sergeant at Arms,
(E) the Doorkeeper,
(F) the United States Capitol Police, and
(G) the House Commission on Congressional Mailing
Standards;
(3) financial expenditure information of the House of
Representatives; and
(4) provisions for judicial review of denial of access to
information held by the House of Representatives.
(c) The Office shall conduct the study prescribed by
subsection (a) and report the results of the study to the
House of Representatives not later than one year after the
date of the initial appointment of the Board of Directors.
SEC. 17. EFFECTIVE DATE AND TRANSITION RULES.
(a) The amendments made by section 1 shall take effect on
November 1, 1994.
(b) Effective at the beginning of the second session of the
One Hundred Fourth Congress, rule LI of the Rules of the
House of Representatives is repealed and rule LII of such
Rules is redesignated as rule LI and all references to rule
LII in sections 2 through 16 of this resolution are deemed to
be references to rule LI of such Rules.
(c) Notwithstanding subsection (b), until the beginning of
the second session of the One Hundred Fourth Congress, the
functions under rule LI of the Rules of the House of
Representatives that are the responsibility of the Office of
Fair Employment Practices shall continue to be the
responsibility of that Office.
(d) Any formal complaint filed under rule LI of the Rules
of the House of Representatives before the close of the first
session of the One Hundred Fourth Congress which has not been
finally disposed of shall be transferred to the Office of
Compliance for completion of all pending proceedings relating
to that complaint. The Office of Compliance may make
regulations to provide for the orderly transfer and
disposition of such complaints.
(e) In appointing staff under section 4(b), the executive
director should give full consideration to employees of the
Office of Fair Employment Practices.
(f) Sections 1 through 16 and subsections (a) through (e)
of this section shall have no force or effect upon the
enactment by the One Hundred Third Congress of the
Congressional Accountability Act, whether by enactment of the
bill H.R. 4822, by incorporation of the text of that bill in
another measure, or otherwise.
Sec. 18. The Chairman and ranking minority member of the
Committee on House Administration, acting jointly, shall
study and report recommendations to the Speaker and minority
leader, no later than January 3, 1995, for changes in House
Rule LII to be adopted by the House to reconcile such rule
with the existing jurisdiction of the Committee on House
Administration.
Sec. 19. The General Counsel of the House shall conduct a
study to be submitted to the Speaker, Minority Leader, and
the chairmen and ranking minority members of the Committees
on House Administration and Rules no later than January 3,
1995 on further changes in House rules to provide to
employees of the House (as defined in section 2) the ability
to bring a civil action in Federal district court against an
employing authority (as defined in section 2) for an alleged
violation under Federal law to the extent that such violation
relates to the terms and conditions of employment, until the
statutory provisions contained in H.R. 4822, as passed by the
House, are enacted.
Para. 122.60 congressional gold medal
On motion of Mr. KENNEDY, by unanimous consent, the Committee on
Banking, Finance and Urban Affairs was discharged from further
consideration of the bill (H.R. 4497) to award a congressional gold
medal to Rabbi Menachem Mendel Schneerson.
When said bill was considered, read twice, ordered to be engrossed and
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 122.61 rules manual printing
Mr. GEPHARDT, by unanimous consent, submitted the following resolution
(H. Res. 580):
Resolved, That a revised edition of the Rules and Manual of
the House of Representatives for the One Hundred Fourth
Congress be printed as a House document, and that two
thousand additional copies shall be printed and bound for the
use of the House of
[[Page 2473]]
Representatives, of which seven hundred copies shall be bound
in leather with thumb index and delivered as may be directed
by the Parliamentarian of the House for distribution to
officers and Members of Congress.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 122.62 organizational caucuses
Mr. GEPHARDT, by unanimous consent, submitted the following resolution
(H. Res. 581):
Resolved, That any organizational caucus or conference in
the House of Representatives for the One Hundred Fourth
Congress may begin on or after November 27, 1994.
Sec. 2. As used in this resolution, the term
``organizational caucus or conference'' means a party caucus
or conference authorized to be called under section 202(a) of
House Resolution 988, Ninety-third Congress, agreed to on
October 8, 1974, and enacted into permanent law by chapter
III of title I of the Supplemental Appropriations Act, 1975
(2 U.S.C. 29a(a)).
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 122.63 speaker and minority leader to accept resignations, appoint
commissions
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That, notwithstanding the adjournment of the second session
of the One Hundred Third Congress, the Speaker and Minority Leader be
authorized to accept resignations and to appoint commissions, boards and
committees duly authorized by law or by the House.
Para. 122.64 extension of remarks by committee chairmen and ranking
minority members
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That the chairman and ranking minority Member of each
standing committee and each subcommittee thereof be permitted to extend
their remarks in the Congressional Record, up to and including the last
publication thereof, and to include a summary of the work of that
committee or subcommittee.
Para. 122.65 general leave to extend remarks until last edition of the
record
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That all Members of the House shall have the privilege, until
the last edition authorized by the Joint Committee on Printing is
published, to extend and revise their own remarks in the Congressional
Record on more than one subject, if they so desire, and may also include
therein such short quotations as may be necessary to explain or complete
such extensions of remarks; but this order shall not apply to any
subject matter which may have occurred, or to any speech delivered
subsequent to the adjournment of Congress.
Para. 122.66 reports filed with the clerk--printing
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That following adjournment sine die, committees authorized to
conduct investigations may be permitted to file reports with the Clerk;
and that such reports, and reports on the activities of committees
pursuant to clause 1(d), rule XI, may be printed by the Clerk as reports
of the 103d Congress.
Para. 122.67 transportation of municipal solid waste
On motion of Mr. SWIFT, by unanimous consent, the bill of the Senate
(S. 2345) to amend the Solid Waste Disposal Act to provide authority for
States to limit the interstate transportation of municipal solid waste,
and for other purposes; was taken from the Speaker's table.
When said bill was considered and read twice.
Mr. SWIFT submitted the following amendment in the nature of a
substitute which was agreed to:
Strike all after the enacting clause and insert in lieu
thereof the following:
TITLE I--INTERSTATE WASTE
SEC. 101. SHORT TITLE.
This Act may be cited as the ``State and Local Government
Interstate Waste Control Act of 1994''.
SEC. 102. INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL
SOLID WASTE.
Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941
et seq.) is amended by adding after section 4010 the
following new section:
``SEC. 4011. INTERSTATE TRANSPORTATION AND DISPOSAL OF
MUNICIPAL SOLID WASTE.
``(a) Restriction on Receipt of Out-Of-State Waste.--
``(1) In general.--(A) Effective January 1, 1995, a
landfill or incinerator in a State may not receive for
disposal or incineration any out-of-State municipal solid
waste unless the owner or operator of such landfill or
incinerator obtains explicit authorization (as part of a host
community agreement) from the affected local government to
receive the waste.
``(B) An authorization granted pursuant to subparagraph (A)
shall--
``(i) be granted by formal action at a meeting;
``(ii) be recorded in writing in the official record of the
meeting; and
``(iii) remain in effect according to its terms.
``(C) An authorization granted pursuant to subparagraph (A)
may specify terms and conditions, including an amount of out-
of-State waste that an owner or operator may receive and the
duration of the authorization.
``(D) Promptly, but not later than 90 days after such an
authorization is granted, the affected local government shall
notify the Governor, contiguous local governments, and any
contiguous Indian tribes of an authorization granted under
this subsection.
``(2) Information.--Prior to seeking an authorization to
receive out-of-State municipal solid waste pursuant to this
subsection, the owner or operator of the facility seeking
such authorization shall provide (and make readily available
to the Governor, each contiguous local government and Indian
tribe, and any other interested person for inspection and
copying) the following information:
``(A) A brief description of the facility, including, with
respect to both the facility and any planned expansion of the
facility, the size, ultimate waste capacity, and the
anticipated monthly and yearly quantities (expressed in terms
of volume) of waste to be handled.
``(B) A map of the facility site indicating location in
relation to the local road system and topography and
hydrogeological features. The map shall indicate any buffer
zones to be acquired by the owner or operator as well as all
facility units.
``(C) A description of the then current environmental
characteristics of the site, a description of ground water
use in the area (including identification of private wells
and public drinking water sources), and a discussion of
alterations that may be necessitated by, or occur as a result
of, the facility.
``(D) A description of environmental controls typically
required to be used on the site (pursuant to permit
requirements), including run on or run off management (or
both), air pollution control devices, source separation
procedures (if any), methane monitoring and control, landfill
covers, liners or leachate collection systems, and monitoring
programs. In addition, the description shall include a
description of any waste residuals generated by the facility,
including leachate or ash, and the planned management of the
residuals.
``(E) A description of site access controls to be employed,
and roadway improvements to be made, by the owner or
operator, and an estimate of the timing and extent of
increased local truck traffic.
``(F) A list of all required Federal, State, and local
permits.
``(G) Estimates of the personnel requirements of the
facility, including information regarding the probable skill
and education levels required for jobs at the facility. To
the extent practicable, the information shall distinguish
between employment statistics for preoperational and
postoperational levels.
``(H) Any information that is required by State or Federal
law to be provided with respect to any violations of
environmental laws (including regulations) by the owner, the
operator, and any subsidiary of the owner or operator, the
disposition of enforcement proceedings taken with respect to
the violations, and corrective action and rehabilitation
measures taken as a result of the proceedings.
``(I) Any information that is required by State or Federal
law to be provided with respect to gifts and contributions
made by the owner or operator.
``(J) Any information that is required by State or Federal
law to be provided with respect to compliance by the owner or
operator with the State solid waste management plan.
``(3) Notification.--Prior to taking formal action with
respect to granting authorization to receive out-of-State
municipal solid waste pursuant to this subsection, an
affected local government shall--
``(A) notify the Governor, contiguous local governments,
and any contiguous Indian tribes;
``(B) publish notice of the action in a newspaper of
general circulation at least 30 days before holding a hearing
and again at least 15 days before holding the hearing, except
where State law provides for an alternate form of public
notification; and
``(C) provide an opportunity for public comment in
accordance with State law, including at least 1 public
hearing.
[[Page 2474]]
``(b) Annual State Report.--
``(1) In general.--Each year the owner or operator of each
landfill or incinerator receiving out-of-State municipal
solid waste shall submit to the affected local government and
to the Governor of the State in which the landfill or
incinerator is located information specifying the amount of
out-of-State municipal solid waste received for disposal
during the preceding year. Each year each such State shall
publish and make available to the public a report containing
information on the amount of out-of-State municipal solid
waste received for disposal in the State during the preceding
year. Each year the owner or operator of each landfill or
incinerator receiving out-of-State municipal solid waste
shall also submit to the Governor of the State of origin of
such waste, and to the Administrator, information specifying
the amount of out-of-State municipal solid waste received for
disposal by the owner or operator during the preceding year
from such State of origin. The submissions under this
paragraph by any owner or operator shall all be made at the
same time.
``(2) Contents.--Each submission referred to in this
subsection shall be such as would result in criminal
penalties in case of false or misleading information. Such
submission shall include the amount of waste received, place
of origin, including the identity of the generator, date of
shipment, and type of waste.
``(3) List.--The Administrator shall publish a list of
States that the Administrator has determined have exported
out of State an amount of municipal solid waste in excess of
3.5 million tons in calendar year 1995, 3.0 million tons in
each of calendar years 1996 and 1997, 2.5 million tons in
each of calendar years 1998 and 1999, 1.5 million tons in
each of calendar years 2000 and 2001, and 1.0 million tons in
calendar year 2002 and each year thereafter. The list for any
calendar year shall be published by March 1 of the following
calendar year.
``(4) Savings provision.--Nothing in this subsection shall
be construed to preempt any State requirement that requires
more frequent reporting of information.
``(c) Freeze.--
``(1) Annual amount.--(A) Except as provided in paragraph
(2) and unless it would result in a violation of, or be
inconsistent with, a host community agreement or permit
specifically authorizing the owner or operator of a landfill
or incinerator to accept out-of-State muncipal solid waste at
such landfill or incinerator, and notwithstanding the absence
of a request in writing by the affected local government, a
Governor, in accordance with paragraph (3), may limit the
quantity of out-of-State municipal solid waste received for
disposal at each landfill or incinerator covered by the
exceptions provided in subsection (e) that is subject to the
jurisdiction of the Governor, to an annual amount equal to
the quantity of out-of-State municipal solid waste received
for disposal at such landfill or incinerator during calendar
year 1993.
``(B) At the request of an affected local government that
has not executed a host community agreement, the Governor may
limit the amount of out-of-State municipal solid waste
received annually for disposal at the landfill or incinerator
concerned to the amount described in subparagraph (A). No
such limit may conflict with provisions of a permit
specifically authorizing the owner or operator to accept, at
the facility, out-of-State municipal solid waste.
``(2) Limitation on governor's authority.--A Governor may
not exercise the authority granted under this subsection in a
manner that would require any owner or operator of a landfill
or incinerator covered by the exceptions provided in
subsection (e) to reduce the amount of out-of-State municipal
solid waste received from any State for disposal at such
landfill or incinerator to an annual quantity less than the
amount received from such State for disposal at such landfill
or incinerator during calendar year 1993.
``(3) Uniformity.--Any limitation imposed by a Governor
under paragraph (1)(A)--
``(A) shall be applicable throughout the State;
``(B) shall not directly or indirectly discriminate against
any particular landfill or incinerator within the State; and
``(C) shall not directly or indirectly discriminate against
any shipments of out-of-State municipal solid waste on the
basis of State of origin.
``(d) Ratchet.--
``(1) In general.--Unless it would result in a violation
of, or be inconsistent with, a host community agreement or
permit specifically authorizing the owner or operator of a
landfill or incinerator to accept out-of-State municipal
solid waste at such landfill or incinerator, immediately upon
the date of publication of the list required under subsection
(b)(3), and notwithstanding the absence of a request in
writing by the affected local government, a Governor, in
accordance with paragraph (4), may prohibit the disposal of
out-of-State municipal solid waste, at any landfill or
incinerator covered by the exceptions in subsection (e) that
is subject to the jurisdiction of the Governor, generated in
any State that is determined by the Administrator under
subsection (b)(3) as having exported, to landfills or
incinerators not covered by host community agreements, more
than any of the following:
``(A) 3.5 million tons of municipal solid waste in calendar
year 1995.
``(B) 3.0 million tons of municipal solid waste in calendar
year 1996.
``(C) 3.0 million tons of municipal solid waste in calendar
year 1997.
``(D) 2.5 million tons of municipal solid waste in calendar
year 1998.
``(E) 2.5 million tons of municipal solid waste in calendar
year 1999.
``(F) 1.5 million tons of municipal solid waste in calendar
year 2000.
``(G) 1.5 million tons of municipal solid waste in calendar
year 2001.
``(H) 1.0 million tons of municipal solid waste in calendar
year 2002.
``(I) 1.0 million tons of municipal solid waste in each
calendar year after 2002.
``(2) Additional export limits.--No State may export to any
one State more than 1.4 million tons of municipal solid waste
in calendar year 1995 or 90 percent of the 1993 levels
exported to a State, whichever is greater, 1.3 million tons
in 1996 or 90 percent of the 1995 levels exported to a State,
whichever is greater, 1.2 million tons in 1997 or 90 percent
of the 1996 levels exported to a State, whichever is greater,
1.1 million tons in 1998 or 90 percent of the 1997 levels
exported to a State, whichever is greater, 1 million tons in
1999, 800,000 tons in 2000, and 600,000 tons in 2001 and each
year thereafter, to landfills or incinerators not covered by
host community agreements. Governors of importing States may
restrict levels of imports to reflect the level of out-of-
State municipal solid waste imports referred to in the
preceding sentence if--
``(A) the Governor of the importing State has notified the
Governor of the exporting State and the Administrator 12
months prior to enforcement of the importing State's
intention to impose the requirements of this section;
``(B) the Governor of the importing State has notified the
Governor of the exporting State and the Administrator of the
violation by the exporting State of this section at least 90
days prior to the enforcement of this section; and
``(C) the restrictions imposed by the Governor of the
importing State are uniform at all facilities within the
State receiving municipal solid waste from the exporting
State.
``(3) Duration.--The authority provided by paragraph (1) or
(2) or both shall apply for as long as a State exceeds the
levels allowable under paragraph (1) or (2), as the case may
be.
``(4) Uniformity.--Any restriction imposed by a State under
paragraph (1) or (2)--
``(A) shall be applicable throughout the State;
``(B) shall not directly or indirectly discriminate against
any particular landfill or incinerator within the State; and
``(C) shall not directly or indirectly discriminate against
any shipments of out-of-State municipal solid waste on the
basis of State of origin, in the case of States in violation
of paragraph (1) or (2).
``(e) Authorization not Required for Certain Facilities.--
``(1) In general.--The prohibition on the disposal of out-
of-State municipal solid waste under subsection (a)(1) shall
not apply to landfills and incinerators in operation on the
date of enactment of this section that received during
calendar year 1993 documented shipments of out-of-State
municipal solid waste.
``(2) Availability of documentation.--The owner or operator
of a landfill or incinerator that is exempt under paragraph
(1) of this subsection from the requirements of subsection
(a) shall provide to the State and affected local government,
and make available for inspection by the public in the
affected local community, a copy of the host community
agreement or other documentation required under paragraph
(1). The owner or operator may omit from such copy or other
documentation any proprietary information, but shall ensure
that at least the following information is apparent: the
volume of out-of-State municipal solid waste received, the
place of origin of the waste, and the duration of any
relevant contract.
``(3) Denied or revoked permits.--A landfill or incinerator
may not receive for disposal or incineration out-of-State
municipal solid waste in the absence of a host community
agreement if the operating permit or license for the landfill
or incinerator (or renewal thereof) was denied or revoked by
the appropriate State agency before the date of enactment of
this section unless such permit or license (or renewal) has
been reinstated as of such date of enactment.
``(4) Waste within bi-state metropolitan statistical
areas.--The owner or operator of a landfill or incinerator in
a State may receive out-of-State municipal solid waste
without obtaining authorization under subsection (a) from the
affected local government if the out-of-State waste is
generated within, and the landfill or incinerator is located
within, the same bi-State level A metropolitan statistical
area (as defined by the Office of Management and Budget and
as listed by the Office of Management and Budget as of the
date of enactment of this section) that contains two
contiguous major cities each of which is in a different
State.
``(f) Needs Determination.--Any comprehensive solid waste
management plan adopted by an affected local government
pursuant to Federal or State law may take into account local
and regional needs for solid waste disposal capacity. Any
implementation of such plan through the State permitting
process may take into account local and regional needs for
solid waste disposal capacity only in a manner that is not
inconsistent with the provisions of this section. Nothing in
this subsection shall be construed to prohibit or preclude
any State government or solid waste management district, as
defined under State law from requiring any affected
[[Page 2475]]
local government to site, construct, or modify any solid
waste facility.
``(g) Cost Recovery Surcharge.--
``(1) Authority.--Both of the States directly affected by
the decision of the Supreme Court in the case of Oregon Waste
Systems, Inc. v. Department of Environmental Quality, 114 S.
Ct. 1345 (1994) may impose and collect a cost recovery
surcharge on the combustion or disposal in a landfill or
incinerator of out-of-State municipal solid waste in such
State.
``(2) Limitation.--During the period beginning on the date
of enactment of this section and ending on December 31, 1996,
no such State may impose or collect a cost recovery surcharge
from a facility on any out-of-State municipal solid waste
that meets both of the following conditions:
``(A) The waste is being received at the facility under one
or more contracts entered into before the date of enactment
of this section.
``(B) The amount of waste being received in a calendar year
under the contract or contracts does not exceed the amount of
waste received at the facility during calendar year 1993.
``(3) Amount of surcharge.--The amount of the cost recovery
surcharge may be no greater than the amount necessary to
recover those costs determined in conformance with paragraph
(5) and in no event may exceed $2 per ton of waste.
``(4) Use of surcharge collected.--All cost recovery
surcharges collected by a State covered by this subsection
shall be used to fund those solid waste management programs
administered by the State or its political subdivisions that
incur costs for which the surcharge is collected.
``(5) Conditions.--(A) Subject to subparagraphs (B) and
(C), a State covered by this subsection may impose and
collect a cost recovery surcharge on the combustion or
disposal within the State of out-of-State municipal solid
waste if--
``(i) the State demonstrates a cost to the State arising
from the combustion or disposal within the State of a volume
of municipal solid waste from a source outside the State;
``(ii) the surcharge is based on those costs to the State
demonstrated under subparagraph (A) that, if not paid for
through the surcharge, would otherwise have to be paid or
subsidized by the State; and
``(iii) the surcharge is compensatory and is not
discriminatory.
``(B) In no event shall a cost recovery surcharge be
imposed by a State to the extent that the cost for which
recovery is sought is otherwise recovered by any other fee or
tax assessed against the generation, transportation,
treatment, combustion, or disposal of solid waste.
``(C) The grant of a subsidy by a State with respect to
entities disposing of waste generated within the State does
not constitute discrimination for purposes of subparagraph
(A)(iii).
``(6) Burden of proof.--In any proceeding in which a State
invokes this subsection to justify a cost recovery surcharge
on the combustion or disposal within the State of out-of-
State municipal solid waste, the State shall bear the burden
of establishing that the cost recovery surcharge satisfies
the conditions set forth in paragraph (5).
``(h) Implementation and Enforcement.--Any State may adopt
such laws and regulations, not inconsistent with this
section, as are necessary to implement and enforce this
section, including provisions for penalties.
``(i) Construction and Demolition Waste.--
``(1) Limit.--Any State may establish, pursuant to this
paragraph, a limit on the amount of out-of-State construction
and demolition waste for disposal at landfills in the State.
A limit under this paragraph may be imposed consistent with
each of the following:
``(A) By January 1, 1996, each State seeking to limit under
this paragraph the receipt of out-of-State construction and
demolition waste shall establish and implement a mechanism
for measuring the amount of construction and demolition waste
generated within the State, disposed of within the State,
imported into the State and exported for disposal.
``(B) By March 1, 1998, each State seeking to limit under
this paragraph the receipt of construction and demolition
waste shall establish the amount of out-of-State construction
and demolition waste received during calendar year 1996 and
1997 and report the tonnage received to the Governor of each
exporting State.
``(2) Amount.--For each calendar year beginning after
January 1, 1998, the amount of out-of-State construction and
demolition waste received at any facility within an importing
State may be limited to the average of the amounts received
in calendar years 1996 and 1997.
``(3) Definition.--For purposes of this subsection, the
term `construction and demolition waste' means debris
resulting from construction, remodeling, repair, or
demolition of structures other than debris that is not
otherwise commingled with other municipal solid waste and has
been determined by the generator, to be contaminated. For
purposes of determining whether any such debris is
contaminated, the generator shall conduct representative
sampling and analysis of such debris, the results of which
shall be submitted to the affected local government for
recordkeeping purposes only, unless not required by the
affected local government. Any such debris that has been
determined to be contaminated shall be disposed of in a
landfill that meets, at a minimum, the requirements of this
subtitle.
``(j) Savings Clause.--Nothing in this section shall be
interpreted or construed to have any effect on State law
relating to contracts.
``(k) Definitions.--As used in this section:
``(1) Affected local government.--(A) For any landfill or
incinerator, the term `affected local government' means--
``(i) the public body authorized by State law to plan for
the management of municipal solid waste, a majority of the
members of which are elected officials, for the area in which
the landfill or incinerator is located or proposed to be
located; or
``(ii) if there is no such body created by State law--
``(I) the elected officials of the city, town, township,
borough, county, or parish selected by the Governor and
exercising primary responsibility over municipal solid waste
management or the use of land in the jurisdiction in which
the facility is located or is proposed to be located; or
``(II) if a Governor fails to make a selection under
subclause (I), and publish a notice regarding the selection,
within 90 days after the date of enactment of this section,
the elected officials of the city, town, township, borough,
county, parish, or other public body created pursuant to
State law with primary jurisdiction over the land or the use
of land on which the facility is located or is proposed to be
located.
The Governor shall publish a notice regarding the selection
described in clause (ii).
``(B) Notwithstanding subparagraph (A), for purposes of
host community agreements entered into before the date of
enactment of this section (or before the date of publication
of notice, in the case of subparagraph (A)(ii)), the term
shall mean either the public body described in clause (i) or
the elected officials of the city, town, township, borough,
county, or parish exercising primary responsibility for the
use of land on which the facility is located or proposed to
be located.
``(C) Two or more Governors of adjoining States may use the
authority provided in section 1005(b) to enter into an
agreement under which contiguous units of local government
located in each of the adjoining States may act jointly as
the affected local government for purposes of providing
authorization under subsection (a) for municipal solid waste
generated in one of such counties and received for disposal
or incineration in another.
``(2) Host community agreement.--The term `host community
agreement' means a written, legally binding document or
documents executed by duly authorized officials of the
affected local government that specifically authorizes a
landfill or incinerator to receive municipal solid waste
generated out-of-State, but does not include any agreement to
pay host community fees for receipt of waste unless
additional express authorization to receive out-of-State
municipal solid waste is also included.
``(3) Municipal solid waste.--The term `municipal solid
waste' means refuse (and refuse-derived fuel) generated by
the general public, from a residential source, or from a
commercial, institutional, or industrial source (or any
combination thereof) to the extent such waste is essentially
the same as waste normally generated by households or was
collected and disposed of with other municipal solid waste as
part of normal municipal solid waste collection services, and
regardless of when generated, would be considered
conditionally exempt small quantity generator waste under
section 3001(d), such as paper, food, wood, yard wastes,
plastics, leather, rubber, appliances, or other combustible
or noncombustible materials such as metal or glass (or any
combination thereof). The term `municipal solid waste' does
not include any of the following:
``(A) Any solid waste identified or listed as a hazardous
waste under section 3001.
``(B) Any solid waste, including contaminated soil and
debris, resulting from a response action taken under section
104 or 106 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604 or
9606) or a corrective action taken under this Act.
``(C) Recyclable materials that have been separated, at the
source of the waste, from waste otherwise destined for
disposal or that have been managed separately from waste
destined for disposal.
``(D) Any solid waste that is--
``(i) generated by an industrial facility; and
``(ii) transported for the purpose of treatment, storage,
or disposal to a facility that is owned or operated by the
generator of the waste, or is located on property owned by
the generator of the waste, or is located on property owned
by a company with which the generator is affiliated.
``(E) Any solid waste generated incident to the provision
of service in interstate, intrastate, foreign, or overseas
air transportation.
``(F) Sewage sludge and residuals from any sewage treatment
plant, including any sewage treatment plant required to be
constructed in the State of Massachusetts pursuant to any
court order issued against the Massachusetts Water Resources
Authority.
``(G) Combustion ash generated by resource recovery
facilities or municipal incinerators, or waste from
manufacturing or processing (including pollution control)
operations not essentially the same as waste normally
generated by households.
``(H) Any medical waste that is segregated from or not
mixed with municipal solid
[[Page 2476]]
waste (as otherwise defined in this paragraph).
``(I) Any material or product returned from a dispenser or
distributor to the manufacturer for credit, evaluation, or
possible reuse.
``(4) Out-of-state municipal solid waste.--The term `out-
of-State municipal solid waste' means, with respect to any
State, municipal solid waste generated outside of the State.
Unless the President determines it is not consistent with the
North American Free Trade Agreement and the General Agreement
on Tariffs and Trade, the term shall include municipal solid
waste generated outside of the United States.
``(5) Specifically authorized.--The term `specifically
authorizes' refers to an explicit authorization, contained in
a host community agreement or permit, to import waste from
outside the State. Such authorization may include a reference
to a fixed radius surrounding the landfill or incinerator
that includes an area outside the State or a reference to
`any place of origin', reference to specific places outside
the State, or use of such phrases as `regardless of origin'
or `outside the State'. The language for such authorization
may vary as long as it clearly and affirmatively states the
approval or consent of the affected local government or State
for receipt of municipal solid waste from sources or
locations outside the State from which the owner or operator
of a landfill or incinerator proposes to import it.''.
SEC. 103. TABLE OF CONTENTS AMENDMENT.
The table of contents in section 1001 of the Solid Waste
Disposal Act (42 U.S.C. prec. 6901) is amended by adding
after the item relating to section 4010 the following new
item:
``Sec. 4011. Interstate transportation and disposal of municipal solid
waste.''.
TITLE II--FLOW CONTROL
SEC. 201. SHORT TITLE.
This title may be cited as the ``Flow Control Act of
1994''.
SEC. 202. CONGRESSIONAL AUTHORIZATION OF STATE CONTROL OVER
TRANSPORTATION, MANAGEMENT, AND DISPOSAL OF
MUNICIPAL SOLID WASTE.
Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941
et seq.) (as amended by section 102) is further amended by
adding after section 4011 the following new section:
``SEC. 4012. CONGRESSIONAL AUTHORIZATION OF STATE CONTROL
OVER TRANSPORTATION, MANAGEMENT, AND DISPOSAL
OF MUNICIPAL SOLID WASTE.
``(a) Authority.--
``(1) In general.--Each State and each qualified political
subdivision may, in accordance with this section--
``(A)(i) exercise flow control authority for municipal
solid waste, incinerator ash from a solid waste incineration
unit, construction debris, or demolition debris generated
within the boundaries of the State or qualified political
subdivision if, before May 15, 1994, the State or qualified
political subdivision--
``(I) adopted a law, ordinance, regulation, solid waste
management plan, or legally binding provision that contains
flow control authority and, pursuant to such authority,
directs such solid waste, ash, or debris to a proposed or
existing waste management facility designated before May 15,
1994; or
``(II) adopted a law, ordinance, regulation, solid waste
management plan, or legally binding provision that identifies
the use of one or more waste management methods that will be
necessary for the transportation, management, or disposal of
municipal solid waste generated within such boundaries, and
committed to the designation of one or more waste management
facilities for such method or methods;
``(ii) after the effective date of this section, in the
case of a State or qualified political subdivision that
adopted such a law, ordinance, regulation, plan, or legally
binding provision that meets the requirements of subclause
(I) or (II) of clause (i), exercise flow control authority
over such solid waste from any existing or future waste
management facility to any other existing or future waste
management facility; and
``(iii) after the effective date of this section, in the
case of a State or qualified political subdivision that
adopted such a law, ordinance, regulation, plan, or legally
binding provision that meets the requirements of subclause
(I) of clause (i), exercise flow control authority over such
solid waste, ash, or debris from any existing waste
management facility to any other existing or proposed waste
management facility, and may do so without regard to
subsection (b)(2); and
``(B) exercise flow control authority for voluntarily
relinquished recyclable materials generated within the
boundaries of the State or qualified political subdivision.
``(2) Reasonable regulation of commerce.--
``(A) A law, ordinance, regulation, solid waste management
plan, or legally binding provision of a State or qualified
political subdivision, described in paragraph (1), that
implements or exercises flow control authority in compliance
with this section shall be considered to be a reasonable
regulation of commerce and shall not be considered to be an
undue burden on or otherwise as impairing, restraining, or
discriminating against interstate commerce.
``(B) A contract or franchise agreement entered into by a
State or political subdivision to provide the exclusive or
nonexclusive authority for the collection, transportation, or
disposal of municipal solid waste, and not otherwise
involving the exercise of flow control authority described in
paragraph (1), shall be considered to be a reasonable
regulation of commerce and shall not be considered to be an
undue burden on or otherwise as impairing, restraining, or
discriminating against interstate commerce.
``(b) Limitations.--
``(1) Limitation of authority regarding recyclable
materials.--A State or qualified political subdivision may
exercise the authority described in subsection (a)(1)(B) with
respect to recyclable materials only if--
``(A) the generator or owner of the materials voluntarily
made the materials available to the State or qualified
political subdivision, or the designee of the State or
qualified political subdivision, and relinquished any rights
to, or ownership of, such materials; and
``(B) the State or qualified political subdivision, or the
designee of the State or qualified political subdivision,
assumes such rights to, or ownership of, such materials.
``(2) Limitation of authority regarding solid waste or
recyclable materials.--
``(A) A State or qualified political subdivision may
exercise the authority described in subparagraph (A) or (B)
of subsection (a)(1) only if the State or qualified political
subdivision establishes a program to separate, or divert at
the point of generation, recyclable materials from municipal
solid waste, for purposes of recycling, reclamation, or
reuse, in accordance with any Federal or State law or
municipal solid waste planning requirements in effect.
``(B) A State or qualified political subdivision may
exercise the authority described in clause (i) or (ii) of
subsection (a)(1)(A) only if, after conducting one or more
public hearings, the State or qualified political
subdivision--
``(i) finds, on the basis of the record developed at the
hearing or hearings, that it is necessary to exercise the
authority described in subparagraph (A) or (B) of subsection
(a)(1) to meet the current solid waste management needs (as
of the date of the record) or the anticipated solid waste
management needs of the State or qualified political
subdivision for the management of municipal solid waste or
recyclable materials;
``(ii) finds, on the basis of the record developed at the
hearing or hearings, including an analysis of the ability of
the private sector and public bodies to provide short and
long term integrated solid waste management services with and
without flow control authority, that the exercise of flow
control authority is necessary to provide such services in an
economically efficient and environmentally sound manner; and
``(iii) provides a written explanation of the reasons for
the findings described clauses (i) and (ii), which may
include a finding of a preferred waste management methodology
or methodologies for providing such integrated solid waste
management services.
``(C) With respect to each designated waste management
facility, the authority of subsection (a) shall be effective
until completion of the schedule for payment of the capital
costs of the waste management facility concerned (as in
effect on May 15, 1994), or for the remaining useful life of
the original waste management facility, whichever is longer.
At the end of such period, the authority of subsection (a)
shall be effective for any waste management facility for
which subparagraph (B) and subsection (c) have been complied
with by the State or qualified political subdivision, except
that no facility, and no State or qualified political
subdivision, subject to subsection (a)(1)(A)(i)(I) or
subsection (a)(1)(A)(ii) shall be required to comply with
subparagraph (B) for a period of 10 years after the date of
enactment of this section. Notwithstanding the provisions of
this paragraph, compliance with subparagraph (B) shall not be
required where--
``(i) a designated waste management facility is required to
retrofit or otherwise make significant modifications to meet
applicable environmental requirements or safety requirements;
``(ii) routine repair or scheduled replacements of existing
equipment or components of a designated waste management
facility is undertaken that does not add to the capacity of
the waste management facility; or
``(iii) a designated waste management facility expands on
land legally or equitably owned, or under option to purchase
or lease, by the owner or operator of such facility and the
applicable permit includes such land.
``(D) Notwithstanding anything to the contrary in this
section, paragraphs (2)(B) and (2)(C) shall not apply to any
State (or any of its political subdivisions) that, on or
before January 1, 1984, enacted regulations pursuant to a
State law that required or directed the transportation,
management, or disposal of solid waste from residential,
commercial, institutional and industrial sources as defined
by State law to specific waste management facilities and
applied those regulations to every political subdivision in
the State.
``(3) Limitation to applied authorities.--The authority
described in subsection (a)(1)(A) shall apply only to the
specific classes or categories of solid waste to which the
authority described in subsection (a)(1)(A)(i)(I) was applied
by the State or qualified political subdivision before May
15, 1994, and to the specific classes or categories of solid
waste for which the State or qualified political subdivision
committed to the designation of one or more waste management
facilities as described in subsection (a)(1)(A)(i)(II).
``(4) Expiration of authority.--The authority granted under
subsection (a)(1)(A)(i)(II) shall expire if a State or
qualified political subdivision has not designated, by law,
ordinance, regulation, solid waste management plan, or other
legally binding
[[Page 2477]]
provision, one or more proposed or existing waste management
facilities within 3 years after the date of enactment of this
section.
``(5) Limitation on revenue.--A State or qualified
political subdivision may exercise the authority described in
subsection (a) only if the State or qualified political
subdivision limits the use of any of its revenues derived
from the exercise of such authority primarily to solid waste
management services.
``(c) Competitive Designation Process.--
``(1) In general.--A State or qualified political
subdivision may exercise the authority described in
subsection (a) only if the State or qualified political
subdivision develops and implements a competitive designation
process, with respect to each waste management facility or
each facility for recyclable materials. The process shall--
``(A) ensure that the designation process is based on, or
is part of, a municipal solid waste management plan that is
adopted by the State or qualified political subdivision and
that is designed to ensure long-term management capacity for
municipal solid waste or recyclable materials generated
within the boundaries of the State or qualified political
subdivision;
``(B) set forth the goals of the designation process,
including at a minimum--
``(i) capacity assurance;
``(ii) the establishment of provisions to provide that
protection of human health and the environment will be
achieved; and
``(iii) any other goals determined to be relevant by the
State or qualified political subdivision;
``(C) identify and compare reasonable and available
alternatives, options, and costs for designation of the
facilities;
``(D) provide for public participation and comment;
``(E) ensure that the designation of each facility is
accomplished through an open competitive process during which
the State or qualified political subdivision--
``(i) identifies in writing criteria to be utilized for
selection of the facilities, which shall not discriminate
unfairly against any particular waste management facility or
any method of management, transportation or disposal, and
shall not establish qualifications for selection that can
only be met by public bodies;
``(ii) provides a fair and equal opportunity for interested
public persons and private persons to offer their existing
(as of the date of the process) or proposed facilities for
designation; and
``(iii) evaluates and selects the facilities for
designation based on the merits of the facilities in meeting
the criteria identified; and
``(F) base the designation of each such facility on reasons
that shall be stated in a public record.
``(2) Certification.--
``(A) In general.--A Governor of any State may certify that
the laws and regulations of the State in effect on May 15,
1994, satisfy the requirements for a competitive designation
process under paragraph (1).
``(B) Process.--In making a certification under
subparagraph (A), a Governor shall--
``(i) publish notice of the proposed certification in a
newspaper of general circulation and provide such additional
notice of the proposed certification as may be required by
State law;
``(ii) include in the notice of the proposed certification
or otherwise make readily available a statement of the laws
and regulations subject to the certification and an
explanation of the basis for a conclusion that the laws and
regulations satisfy the requirements of paragraph (1);
``(iii) provide interested persons an opportunity to
comment on the proposed certification, for a period of time
not less than 60 days, after publication of the notice; and
``(iv) publish notice of the final certification, together
with an explanation of the basis for the final certification,
in a newspaper of general circulation and provide such
additional notice of the final certification as may be
required by State law.
``(C) Appeal.--Within 120 days after publication of the
final certification under subparagraph (B), any interested
person may file an appeal of the final certification in the
United States Circuit Court of Appeals for the Federal
judicial district of the State, for a judicial determination
that the certified laws and regulations do not satisfy the
requirements of paragraph (1) or that the certification
process did not satisfy the procedural requirements of
subparagraph (B). The appeal shall set forth the specific
reasons for the appeal of the final certification.
``(D) Limitation to record.--Any judicial proceeding
brought under subparagraph (C) shall be limited to the
administrative record developed in connection with the
procedures described in subparagraph (B).
``(E) Costs of litigation.--In any judicial proceeding
brought under subparagraph (C), the court shall award costs
of litigation (including reasonable attorney fees) to any
prevailing party whenever the court determines that such
award is appropriate.
``(F) Limitation on review of certifications.--If no appeal
is taken within 120 days after the publication of the final
certification, or if the final certification by the Governor
of any State is upheld by the United States Circuit Court of
Appeals and no party seeks review by the Supreme Court
(within applicable time requirements), the final
certification shall not be subject to judicial review.
``(G) Limitation on review of designations.--Designations
made after the final certification and pursuant to the
certified laws and regulations shall not be subject to
judicial review for failure to satisfy the requirements of
paragraph (1).
``(d) Ownership of Recyclable Materials.--
``(1) Prohibition on required transfers.--Nothing in this
section shall authorize any State or qualified political
subdivision, or any designee of the State or qualified
political subdivision, to require any generator or owner of
recyclable materials to transfer any recyclable materials to
such State or qualified political subdivision unless the
generator or owner of the recyclable materials voluntarily
made the materials available to the State or qualified
political subdivision and relinquished any rights to, or
ownership of, such materials.
``(2) Other transactions.--Nothing in this section shall
prohibit any person from selling, purchasing, accepting,
conveying, or transporting any recyclable materials for
purposes of transformation or remanufacture into usable or
marketable materials, unless a generator or owner voluntarily
made the materials available to the State or qualified
political subdivision and relinquished any rights to, or
ownership of, such materials.
``(e) Retained Authority.--Upon the request of any
generator of municipal solid waste affected by this section,
the State or political subdivision may authorize the
diversion of all or a portion of the solid wastes generated
by the generator making such request to a solid waste
facility, other than the facility or facilities originally
designated by the political subdivision, where the purpose of
such request is to provide a higher level of protection for
human health and the environment and reduce potential future
liability under Federal or State law of such generator for
the management of such wastes. Requests shall include
information on the environmental suitability of the proposed
alternative treatment or disposal facility and method,
compared to that of the designated facility and method. In
making such a determination the State or political
subdivision may consider the ability and willingness of both
the designated and alternative disposal facility or
facilities to indemnify the generator against any cause of
action under State or Federal environmental statutes and
against any cause of action for nuisance, personal injury, or
property loss under any State law.
``(f) Existing Laws and Contracts.--
``(1) In general.--To the extent consistent with subsection
(a), this section shall not supersede, abrogate, or otherwise
modify any of the following:
``(A) Any contract or other agreement (including any
contract containing an obligation to repay the outstanding
indebtedness on any proposed or existing waste management
facility or facility for recyclable materials) entered into
before May 15, 1994, by a State or qualified political
subdivision in which such State or qualified political
subdivision has designated a proposed or existing waste
management facility, or facility for recyclable materials,
for the transportation, management or disposal of municipal
solid waste, incinerator ash from a solid waste incineration
unit, construction debris or demolition debris, or recyclable
materials, pursuant to a law, ordinance, regulation, solid
waste management plan, or legally binding provision adopted
by such State or qualified political subdivision before May
15, 1994, if, in the case of a contract or agreement relating
to recyclable materials, the generator or owner of the
materials, and the State or qualified political subdivision,
have met the appropriate conditions in subsection (b)(1) with
respect to the materials.
``(B) Any other contract or agreement entered into before
May 15, 1994, for the transportation, management or disposal
of municipal solid waste, incinerator ash from a solid waste
incineration unit, or construction debris or demolition
debris.
``(C)(i) Any law, ordinance, regulation, solid waste
management plan, or legally binding provision--
``(I) that is adopted before May 15, 1994;
``(II) that pertains to the transportation, management, or
disposal of solid waste generated within the boundaries of a
State or qualified political subdivision; and
``(III) under which a State or qualified political
subdivision, prior to May 15, 1994, directed, limited,
regulated, or prohibited the transportation, management, or
disposal of municipal solid waste, or incinerator ash from, a
solid waste incineration unit, or construction debris or
demolition debris, generated within the boundaries;
if the law, ordinance, regulation, solid waste management
plan, or legally binding provision is applied to the
transportation of solid waste described in subclause (III),
to a proposed or existing waste management facility
designated before May 15, 1994, or to the management or
disposal of such solid waste at such a facility, under such
law, ordinance, regulation, solid waste management plan, or
legally binding provision.
``(ii) Any law, ordinance, regulation, solid waste
management plan, or legally binding provision--
``(I) that is adopted before May 15, 1994; and
``(II) that pertains to the transportation or management of
recyclable materials generated within the boundaries of a
State or qualified political subdivision;
if the law, ordinance, regulation, solid waste management
plan, or legally binding provision is applied to the
transportation of recyclable materials that are generated
within the boundaries, and with respect to which
[[Page 2478]]
the generator or owner of the materials, and the State or
qualified political subdivision, have met the appropriate
conditions described in subsection (b)(1), to a proposed or
existing facility for recyclable materials designated before
May 15, 1994, or to the management of such materials, under
such law, ordinance, regulation, solid waste management plan,
or legally binding provision.
``(2) Contract information.--A party to a contract or other
agreement that is described in subparagraph (A) or (B) of
paragraph (1) shall provide a copy of the contract or
agreement to the State or qualified political subdivision on
request. Any proprietary information contained in the
contract or agreement may be omitted in the copy, but the
information that appears in the copy shall include at least
the date that the contract or agreement was signed, the
volume of municipal solid waste or recyclable materials
covered by the contract or agreement with respect to which
the State or qualified political subdivision could otherwise
exercise authority under subsection (a) or paragraph (1)(C),
the source of the waste or materials, the destination of the
waste or materials, the duration of the contract or
agreement, and the parties to the contract or agreement.
``(3) Effect on interstate commerce.--Any contract or
agreement described in subparagraph (A) or (B) of paragraph
(1), and any law, ordinance, regulation, solid waste
management plan, or legally binding provision described in
subparagraph (C) of paragraph (1), shall be considered to be
a reasonable regulation of commerce by a State or qualified
political subdivision, retroactive to the effective date of
the contract or agreement, or to the date of adoption of any
such law, ordinance, regulation, solid waste management plan,
or legally binding provision, and shall not be considered to
be an undue burden on or otherwise as impairing, restraining,
or discriminating against interstate commerce.
``(4) Limitation.--Any designation by a State or qualified
political subdivision of any waste management facility or
facility for recyclable materials after the date of enactment
of this section shall be made in compliance with subsection
(c). Nothing in this paragraph shall affect any designation
made before the date of enactment of this section, and any
such designation shall be deemed to satisfy the requirements
of subsection (c).
``(g) Savings Clause.--
``(1) Federal or state environmental laws.--Nothing in this
section is intended to supersede, amend, or otherwise modify
Federal or State environmental laws (including regulations)
that apply to the disposal or management of solid waste or
recyclable materials at waste management facilities or
facilities for recyclable materials.
``(2) State law.--Nothing in this section shall be
interpreted to authorize a qualified political subdivision to
exercise the authority granted by this section in a manner
inconsistent with State law.
``(h) Prohibition.--No political subdivision may exercise
flow control authority to direct the movement of municipal
solid waste to any waste management facility for which a
Federal permit was denied twice before the enactment of this
section.
``(h) Definitions.--For purposes of this section only, the
following definitions apply:
``(1) Committed to the designation of one or more waste
management facilities.--The term `committed to the
designation of one or more waste management facilities' means
that a State or qualified political subdivision was legally
bound to designate one or more existing or future waste
management facilities or performed or caused to be performed
one or more of the following actions for the purpose of
designating one or more such facilities:
``(A) Obtained all required permits for the construction of
such waste management facility prior to May 15, 1994.
``(B) Executed contracts for the construction of such waste
management facility prior to May 15, 1994.
``(C) Presented revenue bonds for sale to specifically
provide revenue for the construction of such waste management
facility prior to May 15, 1994.
``(D) Submitted to the appropriate regulatory agency or
agencies, on or before May 15, 1994, administratively
complete permit applications for the construction and
operation of a waste management facility.
``(E) Formed a public authority or a joint agreement among
qualified political subdivisions, pursuant to a law
authorizing such formation for the purposes of designating
facilities.
``(F) Executed a contract or agreement that obligates or
otherwise requires a State or qualified political subdivision
to deliver a minimum quantity of solid waste to a waste
management facility and that obligates or otherwise requires
the State or qualified political subdivision to pay for that
minimum quantity of solid waste even if the stated minimum
quantity of solid waste is not delivered within a required
timeframe, otherwise commonly known as a ``put or pay
agreement''.
``(G) Adopted, pursuant to a State statute that
specifically described the method for designating by solid
waste management districts, a resolution of preliminary
designation that specifies criteria and procedures for
soliciting proposals to designate facilities after having
completed a public notice and comment period.
``(H) Adopted, pursuant to a State statute that
specifically described the method for designating by solid
waste management districts, a resolution of intent to
establish designation with a list of facilities for which
designation is intended.
``(2) Designation; designate.--The terms `designate',
`designated', `designation' or `designating' mean a
requirement of a State or qualified political subdivision,
and the act of a State or qualified political subdivision, to
require that all or any portion of the municipal solid waste
that is generated within the boundaries of the State or
qualified political subdivision be delivered to a waste
management facility identified by a State or qualified
political subdivision, and specifically includes put or pay
agreements of the type described in paragraph (1)(F).
``(3) Flow control authority.--The term `flow control
authority' means the authority to control the movement of
solid waste or recyclable materials and direct such waste or
recyclable materials to one or more designated waste
management facilities or facilities for recyclable materials.
``(4) Industrial solid waste.--The term `industrial solid
waste' means solid waste generated by manufacturing or
industrial processes, including waste generated during scrap
processing and scrap recycling, that is not hazardous waste
regulated under subtitle C. `Industrial solid waste' does not
include municipal solid waste specified in paragraph
(5)(A)(iii).
``(5) Municipal solid waste.--
``(A) In general.--Subject to the limitations of subsection
(b)(3), the term `municipal solid waste' means--
``(i) any solid waste discarded by a household, including a
single or multifamily residence;
``(ii) any solid waste that is discarded by a commercial,
institutional, or industrial source;
``(iii) residue remaining after recyclable materials have
been separated or diverted from municipal solid waste
described in clause (i) or (ii);
``(iv) any waste material or waste substance removed from a
septic tank, septage pit, or cesspool, other than from
portable toilets; and
``(v) conditionally exempt small quantity generator waste
under section 3001(d), if it is collected, processed or
disposed with other municipal solid waste as part of
municipal solid waste services.
``(B) Exclusions.--The term `municipal solid waste' shall
not include any of the following:
``(i) Hazardous waste required to be managed in accordance
with subtitle C (other than waste described in subparagraph
(A)(v)), solid waste containing a polychlorinated biphenyl
regulated under the Toxic Substances Control Act (15 U.S.C.
2601 et seq.), or medical waste listed in section 11002.
``(ii)(I) A recyclable material.
``(II) A material or a product returned from a dispenser or
distributor to the manufacturer or the agent of the
manufacturer for credit, evaluation, or reuse unless such
material or product is discarded or abandoned for collection,
disposal or combustion.
``(III) A material or product that is an out-of-date or
unmarketable material or product, or is a material or product
that does not conform to specifications, and that is returned
to the manufacturer or the agent of the manufacturer for
credit, evaluation, or reuse unless such material or product
is discarded or abandoned for collection, disposal or
combustion.
``(iii) Any solid waste (including contaminated soil and
debris) resulting from a response action taken under section
104 or 106 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604 or
9606) or a corrective action taken under this Act.
``(iv) (I) Industrial solid waste.
``(II) Any solid waste that is generated by an industrial
facility and transported for the purpose of containment,
storage, or disposal to a facility that is owned or operated
by the generator of the waste, or a facility that is located
on property owned by the generator.
``(6) Qualified political subdivision.--The term `qualified
political subdivision' means a governmental entity or
political subdivision of a State, as authorized by the State,
to plan for, or determine the methods to be utilized for, the
collection, transportation, disposal or other management of
municipal solid waste generated within the boundaries of the
area served by the governmental entity or political
subdivision.
``(7) Recyclable material.--The term `recyclable material'
means any material (including any metal, glass, plastic,
textile, wood, paper, rubber, or other material) that has
been separated, or diverted at the point of generation, from
solid waste for the purpose of recycling, reclamation, or
reuse.
``(8) Solid waste management plan.--The term `solid waste
management plan' means a plan for the transportation,
treatment, processing, composting, combustion, disposal or
other management of municipal solid waste, adopted by a State
or qualified political subdivision pursuant to and conforming
with State law.
``(9) Waste management facility.--The term `waste
management facility' means any facility or facilities in
which municipal solid waste, incinerator ash from a solid
waste incineration unit, or construction debris or demolition
debris is separated, stored, transferred, treated, processed,
combusted, deposited or disposed.
``(10) Existing waste management facility.--The term
`existing waste management facility' means a facility under
construction or in operation as of May 15, 1994.
[[Page 2479]]
``(11) Proposed waste management facility.--The term
`proposed waste management facility' means a facility that
has been specifically identified and designated, but that was
not under construction, as of May 15, 1994.
``(12) Future waste management facility.--The term `future
waste management facility' means any other waste management
facility.''.
SEC. 203. TABLE OF CONTENTS AMENDMENT.
The table of contents in section 1001 of the Solid Waste
Disposal Act (42 U.S.C. prec. 6901) (as amended by section
103) is further amended by adding after the item relating to
section 4011 the following new item:
``Sec. 4012. Congressional authorization of State control over
transportation, management and disposal of municipal
solid waste.''.
The bill, as amended, was ordered to be read a third time, was read a
third time by title, and passed.
By unanimous consent, the title was amended so as to read: ``A bill to
amend the Solid Waste Disposal Act to provide congressional
authorization for restrictions on receipt of out-of-State municipal
solid waste and for State control over transportation of municipal solid
waste, and for other purposes.''.
A motion to reconsider the votes whereby said bill, as amended, was
passed and the title was amended was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendments.
Para. 122.68 comprehensive one-call notification
On motion of Mr. SHARP, by unanimous consent, the Committee on Public
Works and Transportation and the Committee on Energy and Commerce were
discharged from further consideration of the bill (H.R. 5248) to require
States to consider adopting mandatory, comprehensive, Statewide one-call
notification systems to protect natural gas and hazardous liquid
pipelines and all other underground facilities from being damaged by any
excavations, and for other purposes.
When said bill was considered, read twice, ordered to be engrossed and
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 122.69 social security act amendments
On motion of Mr. STARK, by unanimous consent, the Committee on Ways
and Means and Committee on Energy and Commerce were discharged from
further consideration of the bill (H.R. 5252) to amend the Social
Security Act and related Acts to make miscellaneous and technical
amendments, and for other purposes.
When said bill was considered, read twice, ordered to be engrossed and
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 122.70 permission to file reports
On motion of Mr. CONYERS, by unanimous consent, the Committee on
Government Operations was granted permission until 6 p.m., Friday,
November 11, 1994, to file sundry reports.
Para. 122.71 further message from the senate
A further message from the Senate by Mr. Hallen, one of its clerks,
announced that the Senate had passed with amendments in which the
concurrence of the House is requested, bills of the House of the
following titles:
H.R. 3160. An Act to amend the Juvenile Justice and
Delinquency Prevention Act of 1974 to make technical
corrections necessitated by the enactment of Public Law 102-
586, and for other purposes; and
H.R. 4598. An Act to direct the Secretary of the Interior
to make technical corrections to maps relating to the Coastal
Barrier Resources System, and to authorize appropriations to
carry out the Coastal Barrier Resources Act.
The message also announced that the Senate had passed a bill of the
following title, in which the concurrence of the House is requested:
S. 2375. An Act to amend title 18, United States Code, to
make clear a telecommunications carrier's duty to cooperate
in the interception of communications for law enforcement
purposes, and for other purposes.
Para. 122.72 preempting state economic regulation of motor carriers
techincal correction
On motion of Mr. RAHALL, by unanimous consent, the bill (H.R. 5123) to
make a technical correction to an Act preempting State economic
regulation of motor carriers; together with the following amendment of
the Senate thereto, was taken from the Speaker's table:
Strike out all after the enacting clause and insert:
SECTION 1. TECHNICAL CORRECTION OF 1994 FAA AUTHORIZATION
ACT.
(a) In General.--Section 11501(h)(2) of title 49, United
States Code, is amended--
(1) by striking out ``and'' at the end of subparagraph (A);
(2) by striking out the period at the end of subparagraph
(B) and insert in lieu thereof a semicolon; and
(3) by adding at the end the following:
``(C) does not apply to the transportation of garbage and
refuse;
``(D) does not apply to the transportation for collection
of recyclable materials that are a part of a residential
curbside recycling program; and
``(E) does not restrict the regulatory authority of a
State, political subdivision of a State, or political
authority of 2 or more States before January 1, 1997, insofar
as such authority relates to tow trucks or wreckers providing
for-hire service.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on January 1, 1995.
On motion of Mr. RAHALL, said Senate amendment was agreed to.
A motion to reconsider the vote whereby said Senate amendment was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 122.73 coastal barrier resources system
On motion of Mrs. UNSOELD, by unanimous consent, the bill (H.R. 4598)
to direct the Secretary of the Interior to make technical corrections to
maps relating to the Coastal Barrier Resources System; together with the
following amendment of the Senate thereto, was taken from the Speaker's
table:
Strike out all after the enacting clause and insert:
SECTION 1. CORRECTION TO MAPS.
(a) In General.--The Secretary of the Interior shall, not
later than 30 days after the date of enactment of this Act,
make such corrections to the maps described in subsection (b)
as are necessary to ensure that--
(1) depictions of areas on the maps are consistent with the
depictions of areas appearing on the maps entitled `Coastal
Barrier Resources System'', dated September 27, 1994, and on
file with the Secretary of the Interior; and
(2) the Coastal Barrier Resources System does not include
any area that, on the day before the date of the enactment of
this Act, was part of unit FL-05P of the System.
(b) Maps Described.--The maps described in this subsection
are maps that--
(1) are included in a set of maps entitled ``Coastal
Barrier Resources System'', dated October 24, 1990; and
(2) related to the following units of the Coastal Barrier
Resources System: AL-01P, FL-05P; P11A, P17, P17A, P18P,
P19P, FL-15, FL-95P, FL-36P, P31P, FL-72P, MI21, NY75, and
VA62P.
(c) Authorization of Appropriations.--Section 12 of the
Coastal Barrier Resources Act (16 U.S.C. 3510) is amended to
read as follows:
``SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary
for carrying out this Act $2,000,000 for each of fiscal years
1995 to 1998.''.
On motion of Mrs. UNSOELD, said Senate amendment was agreed to.
A motion to reconsider the vote whereby said Senate amendment was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 122.74 recess--10:43 p.m.
The SPEAKER pro tempore, Mr. de la GARZA, pursuant to clause 12 of
rule I, declared the House in recess at 10 o'clock and 43 minutes p.m.,
until approximately 11 o'clock p.m.
Para. 122.75 after recess--11:55 p.m.
The SPEAKER pro tempore, Mr. DURBIN, called the House to order.
Para. 122.76 further message from the senate
A further message from the Senate by Mr. Hallen, one of its clerks,
announced that the Senate had passed with amendments in which the
concurrence of the House is requested, bills of the House of the
following titles:
[[Page 2480]]
H.R. 512. An Act to amend chapter 87 of title 5, United
States Code, to provide that group life insurance benefits
under such chapter may, upon application, be paid out to an
insured individual who is terminally ill, and for other
purposes;
H.R. 2970. An Act to reauthorize the Office of Special
Counsel, and for other purposes;
H.R. 3499. An Act to amend the Defense Department Overseas
Teachers Pay and Personnel Practices Act; and
H.R. 4361. An Act to amend title 5, United States Code, to
provide that an employee of the Federal Government may use
sick leave to attend to the medical needs of a family member,
to modify the voluntary leave transfer program with respect
to employees who are members of the same family; and for
other purposes.
The message also announced that the Senate had passed a bill of the
following title, in which the concurrence of the House is requested:
S. 2478. An Act to amend the Small Business Act to enhance
the business development opportunities of small business
concerns owned and controlled by socially and economically
disadvantaged individuals, and for other purposes.
Para. 122.77 office of special counsel
On motion of Mr. McCLOSKEY, by unanimous consent, the bill (H.R. 2970)
to reauthorize the Office of Special Counsel, and for other purposes;
together with the following amendment of the Senate thereto, was taken
from the Speaker's table:
Strike out all after the enacting clause and insert:
SECTION 1. AUTHORIZATION OF APPROPRIATIONS.
(a) Merit Systems Protection Board.--Section 8(a)(1) of the
Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note:
Public Law 101-12: 103 Stat. 34) is amended by striking out
``1989, 1990, 1991, 1992, 1993, and 1994'' and inserting in
lieu thereof ``1993, 1994, 1995, 1996, and 1997.''
(b) Office of Special Counsel.--Section 8(a)(2) of the
Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note:
Public Law 101-12; 103 Stat. 34) is amended by striking out
``1989, 1990, 1991, and 1992'' and inserting in lieu thereof
``1993, 1994, 1995, 1996, and 1997''.
SEC. 2. REASONABLE ATTORNEY FEES IN CERTAIN CASES.
Section 1204 of title 5, United States Code, is amended by
adding at the end thereof the following new subsection:
``(m)(l) Except as provided in paragraph (2) of this
subsection, the Board, or an administrative law judge or
other employee of the Board designated to hear a case arising
under section 1215, may require payment by the agency
involved of reasonable attorney fees incurred by an employee
or applicant for employment if the employee or applicant is
the prevailing party and the Board, administrative law judge,
or other employee (as the case may be) determines that
payment by the agency is warranted in the interest of
justice, including any case in which a prohibited personnel
practice was engaged in by the agency or any case in which
the agency's action was clearly without merit.
``(2) If an employee or applicant for employment is the
prevailing party of a case arising under section 1215 and the
decision is based on a finding of discrimination prohibited
under section 2302(b)(1) of this title, the payment of
attorney fees shall be in accordance with the standards
prescribed under section 706(k) of the Civil Rights Act of
1964 (42 U.S.C. 2000e-5(k)).''.
SEC. 3. OFFICE OF SPECIAL COUNSEL.
(a) Succession.--Section 1211(b) of title 5, United States
Code, is amended by inserting after the first sentence: ``The
Special Counsel may continue to serve beyond the expiration
of the term until a successor is appointed and has qualified,
except that the Special Counsel may not continue to serve for
more than one year after the date on which the term of the
Special Counsel would otherwise expire under this
subsection.''
(b) Limitations on Disclosures.--Section 1212(g) of title
5, United States Code, is amended--
(1) in paragraph (1), by striking out ``provide information
concerning'' and inserting in lieu thereof ``disclose any
information from or about''; and
(2) in paragraph (2), by striking out ``a matter described
in subparagraph (A) or (B) of section 2302(b)(2) in
connection with a'' and inserting in lieu thereof ``an
evaluation of the work performance, ability, aptitude,
general qualifications, character, loyalty, or suitability
for any personnel action of any''.
(c) Status Report Before Termination of Investigation.--
Section 1214(a) of title 5, United States Code, is amended--
(1) in paragraph (1) by adding at the end thereof the
following new subparagraph:
``(D) No later than 10 days before the Special Counsel
terminates any investigation of a prohibited personnel
practice, the Special Counsel shall provide a written status
report to the person who made the allegation of the proposed
findings of fact and legal conclusions. The person may submit
written comments about the report to the Special Counsel. The
Special Counsel shall not be required to provide a subsequent
written status report under this subparagraph after the
submission of such written comments.''; and
(2) in paragraph (2)(A)--
(A) in clause (ii) by striking out ``and'' after the
semicolon;
(B) in clause (iii) by striking out the period and
inserting in lieu thereof a semicolon and ``and''; and
(C) by adding at the end thereof the following new clause:
``(iv) a response to any comments submitted under paragraph
(1)(D).''.
(d) Determinations.--Section 1214(b)(2) of title 5, United
States Code, is amended--
(1) by redesignating subparagraphs (A), (B), and (C) as
subparagraphs (B), (C), and (D), respectively;
(2) by inserting before subparagraph (B) (as redesignated
by paragraph (1) of this subsection) the following:
``(A)(i) Except as provided under clause (ii), no later
than 240 days after the date of receiving an allegation of a
prohibited personnel practice under paragraph (1), the
Special Counsel shall make a determination whether there are
reasonable grounds to believe that a prohibited personnel
practice has occurred, exists, or is to be taken.
``(ii) If the Special Counsel is unable to make the
required determination within the 240-day period specified
under clause (i) and the person submitting the allegation of
a prohibited personnel practice agrees to an extension of
time, the determination shall be made within such additional
period of time as shall be agreed upon between the Special
Counsel and the person submitting the allegation.''; and
(3) by inserting after subparagraph (D) (as redesignated by
paragraph (1) of this subsection) the following new
subparagraph:
``(E) A determination by the Special Counsel under this
paragraph shall not be cited or referred to in any proceeding
under this paragraph or any other administrative or judicial
proceeding for any purpose, without the consent of the person
submitting the allegation of a prohibited personnel
practice.''.
(e) Reports.--Section 1218 of title 5, United States Code,
is amended by inserting ``cases in which it did not make a
determination whether there are reasonable grounds to believe
that a prohibited personnel practice has occurred, exists, or
is to be taken within the 240-day period specified in section
1214(b)(2)(A)(i),'' after ``investigations conducted by
it,''.
SEC. 4. INDEPENDENT RIGHT OF ACTION.
(a) Subpoenas.--Section 1221(d) of title 5, United States
Code, is amended by striking out paragraph (1) and inserting
in lieu thereof the following:
``(1) At the request of an employee, former employee, or
applicant for employment seeking corrective action under
subsection (a), the Board shall issue a subpoena for the
attendance and testimony of any person or the production of
documentary or other evidence from any person if the Board
finds that the testimony or production requested is not
unduly burdensome and appears reasonably calculated to lead
to the discovery of admissible evidence.''.
(b) Corrective Actions.--Section 1221(e)(1) is amended by
adding after the last sentence: ``The employee may
demonstrate that the disclosure was a contributing factor in
the personnel action through circumstantial evidence, such as
evidence that--
``(A) the official taking the personnel action knew of the
disclosure; and
``(B) the personnel action occurred within a period of time
such that a reasonable person could conclude that the
disclosure was a contributing factor in the personnel
action.''
(c) Referrals.--Section 1221(f) of title 5, United States
Code, is amended by adding after paragraph (2) the following
new paragraph:
``(3) If, based on evidence presented to it under this
section, the Merit Systems Protection Board determines that
there is reason to believe that a current employee may have
committed a prohibited personnel practice, the Board shall
refer the matter to the Special Counsel to investigate and
take appropriate action under section 1215.''.
SEC. 5. PROHIBITED PERSONNEL PRACTICES.
(a) Personnel Actions.--Section 2302(a)(2)(A) of title 5,
United States Code, is amended--
(1) in clause (ix) by striking out ``and'' after the
semicolon:
(2) by striking out clause (x) and inserting in lieu
thereof the following:
``(x) a decision to order psychiatric testing or
examination; and
``(xi) any other significant change in duties,
responsibilities, or working conditions;''; and
(3) in the matter following designated clause (xi) (as
added by paragraph (2) of this subsection) by inserting
before the semicolon the following: ``, and in the case of an
alleged prohibited personnel practice described in subsection
(b)(8), an employee or applicant for employment in a
Government corporation as defined in section 9101 of title
31''.
(b) Covered Positions.--Section 2302(a)(2)(B) of title 5,
United States Code, is amended to read as follows:
``(B) `covered position' means, with respect to any
personnel action, any position in the competitive service, a
career appointee position in the Senior Executive Service, or
a position in the excepted service, but does not include any
position which is, prior to the personnel action--
``(i) excepted from the competitive service because of its
confidential, policy-determining, policy-making, or policy-
advocating character; or
``(ii) excluded from the coverage of this section by the
President based on a determination by the President that it
is necessary and warranted by conditions of good
administration; and''.
[[Page 2481]]
(c) Agencies.--Section 2302(a)(2)(C) of title 5, United
States Code, is amended in clause (i) by inserting before the
semicolon: ``, except in the case of an alleged prohibited
personnel practice described under subsection (b)(8)''.
(d) Informational Program.--Section 2302(c) of title 5,
United States Code, is amended in the first sentence by
inserting before the period ``, and for ensuring (in
consultation with the Office of Special Counsel) that agency
employees are informed of the rights and remedies available
to them under this chapter and chapter 12 of this title''.
SEC. 6. PERFORMANCE APPRAISALS.
Section 4313(5) of title 5, United States Code, is amended
to read as follows:
``(5) meeting affirmative action goals, achievement of
equal employment opportunity requirements, and compliance
with the merit systems principles set forth under section
2301 of this title.''.
SEC. 7. MERIT SYSTEMS APPLICATION TO CERTAIN VETERANS AFFAIRS
PERSONNEL.
Section 2105 of title 5, United States Code, is amended by
adding at the end thereof the following new subsection:
``(f) For purposes of sections 1212, 1213, 1214, 1215,
1216, 1221, 1222, 2302, and 7701, employees appointed under
chapter 73 or 74 of title 38 shall be employees.''.
SEC. 8. CORRECTIVE ACTIONS ORDERED BY THE MERIT SYSTEMS
PROTECTION BOARD.
(a) In General.--Section 1214 of title 5, United States
Code, is amended by adding at the end thereof the following
new subsection:
``(g) If the board orders corrective action under this
section, such corrective action may include--
``(1) that the individual be placed, as nearly as possible,
in the position the individual would have been in had the
prohibited personnel practice not occurred; and
``(2) reimbursement for attorney's fees, back pay and
related benefits, medical costs incurred, travel expenses,
and any other reasonable and foreseeable consequential
damages.''.
(b) Certain Reprisal Cases.--Section 1221(g) of title 5,
United States Code (as amended by section 4(d) of this Act)
is further amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(2) by inserting before paragraph (2) (as redesignated by
paragraph (1) of this subsection) the following new
paragraph:
``(1)(A) If the Board orders corrective action under this
section, such corrective action may include--
``(i) that the individual be placed, as nearly as possible,
in the position the individual would have been in had the
prohibited personnel practice not occurred; and
``(ii) back pay and related benefits, medical costs
incurred, travel expenses, and any other reasonable and
foreseeable consequential changes.
``(B) Corrective action shall include attorney's fees and
costs as provided for under paragraph (2) and (3).''.
SEC. 9. AUTHORITIES RELATING TO ARBITRATORS AND CHOICE OF
REMEDIES NOT INVOLVING JUDICIAL REVIEW.
(a) Authorities Which May be Extended to Arbitrators.--
Section 7121(b) of title 5, United States Code, is amended--
(1) by redesignating subparagraphs (A) through (C) of
paragraph (3) as clauses (i) through (iii), respectively;
(2) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(3) by striking ``(b)'' and inserting ``(b)(1)''; and
(4) by adding at the end the following:
``(2)(A) The provisions of a negotiated grievance procedure
providing for binding arbitration in accordance with
paragraph (1)(C)(iii) shall, if or to the extent that an
alleged prohibited personnel practice is involved, allow the
arbitrator to order--
``(i) a stay of any personnel action in a manner similar to
the manner described in section 1221(c) with respect to the
Merit Systems Protection Board; and
``(ii) the taking, by an agency, of any disciplinary action
identified under section 1215(a)(3) that is otherwise within
the authority of such agency to take.
``(B) Any employee who is the subject of any disciplinary
action ordered under subparagraph (A)(ii) may appeal such
action to the same extent and in the same manner as if the
agency had taken the disciplinary action absent
arbitration.''.
(b) Choice of Remedies Provision Not Involving Judicial
Review.--Section 7121 of title 5, United States Code, is
amended by adding at the end the following:
``(g)(1) This subsection applies with respect to a
prohibited personnel practice other than a prohibited
personnel practice to which subsection (d) applies.
(2) An aggrieved employee affected by a prohibited
personnel practice described in paragraph (1) may elect not
more than one of the remedies described in paragraph (3) with
respect thereto. For purposes of the preceding sentence, a
determination as to whether a particular remedy has been
elected shall be made as set forth under paragraph (4).
``(3) The remedies described in this paragraph are as
follows:
``(A) An appeal to the Merit Systems Protection Board under
section 7701.
``(B) A negotiated grievance procedure under this section.
``(C) Procedures for seeking corrective action under
subchapters II and III of chapter 12.
``(4) For the purpose of this subsection, a person shall be
considered to have elected--
``(A) the remedy described in paragraph (3)(A) if such
person has timely filed a notice of appeal under the
applicable appellate procedures;
``(B) the remedy described in paragraph (3)(B) if such
person has timely filed a grievance in writing, in accordance
with the provisions of the parties' negotiated procedure; or
``(C) the remedy described in paragraph (3)(C) if such
person has sought corrective action from the Office of
Special Counsel by making an allegation under section
1214(a)(1).''.
(c) Technical and Conforming Amendments.--Section
7121(a)(1) of title 5, United States Code, is amended--
(1) by striking ``(d) and (e)'' and inserting ``(d), (e),
and (g)''; and
(2) by inserting ``administrative'' after ``exclusive''.
SEC. 10. EXPENSES RELATED TO FEDERAL RETIREMENT APPEALS.
Section 8348(a) of title 5, United States Code, is
amended--
(1) in paragraph (1)(B) by striking out ``and'' at the end
thereof:
(2) in paragraph (2) by striking out the period and
inserting in lieu thereof a semicolon and ``and''; and
(3) by adding at the end thereof the following new
paragraph:
``(3) is made available, subject to such annual limitation
as the Congress may prescribe, for any expenses incurred by
the Merit Systems Protection Board in the administration of
appeals authorized under sections 8347(d) and 8461(e) of this
title.''.
SEC. 11. ELECTION OF APPLICATION OF LAWS BY EMPLOYEES OF THE
RESOLUTION TRUST CORPORATION AND THRIFT
DEPOSITOR PROTECTION OVERSIGHT BOARD.
(a) Election of Provisions of Title 5, United States
Code.--If an individual who believes he has been discharged
or discriminated against in violation of section 21a(q)(1) of
the Federal Home Loan Bank Act (12 U.S.C. 144a(g)(1)) seeks
an administrative corrective action or judicial remedy for
such violation under the provisions of chapters 12 and 23 of
title 5, United States Code, the provisions of section 21a(q)
of such Act shall not apply to such alleged violation.
(b) Election of Provisions of Federal Home Loan Bank Act.--
If an individual files a civil action under section 21a(q)(2)
of the Federal Home Loan Bank Act (12 U.S.C. 1441a(q)(2)),
the provisions of chapters 12 and 23 of title 5, United
States Code, shall not apply to any alleged violation of
section 21a(q)(1) of such Act.
SEC. 12. IMPLEMENTATION.
(a) Policy Statement.--No later than 6 months after the
date of enactment of this Act, the Special Counsel shall
issue a policy statement regarding the implementation of the
Whistleblower Protection Act of 1989. Such policy statement
shall be made available to each person alleging a prohibited
personnel practice described under section 2302(b)(8) of
title 5, United States Code, and shall include detailed
guidelines identifying specific categories of information
that may (or may not) be communicated to agency officials for
an investigative purpose, or for the purpose of obtaining
corrective action under section 1214 of title 5, United
States Code, or disciplinary action under section 1215 of
such title, the circumstances under which such information is
likely to be disclosed, and whether or not the consent of any
person is required in advance of any such communication.
(b) Termination Statement.--The Special Counsel shall
include in any letter terminating an investigation under
section 1214(a)(2) of title 5, United States Code, the name
and telephone number of an employee of the Special Counsel
who is available to respond to reasonable questions from the
person regarding the investigation or review conducted by the
Special Counsel, the relevant facts ascertained by the
Special Counsel, and the law applicable to the person's
allegations.
SEC. 13. ANNUAL SURVEY OF INDIVIDUALS SEEKING ASSISTANCE.
(a) In General.--The Office of Special Counsel shall, after
consulting with the Office of Policy and Evaluation of the
Merit Systems Protection Board, conduct an annual survey of
all individuals who contact the Office of Special Counsel for
assistance. The survey shall--
(1) determine if the individual seeking assistance was
fully apprised of their rights;
(2) determine whether the individual was successful either
at the Office of Special Counsel or the Merit Systems
Protection Board; and
(3) determine if the individual, whether successful or not,
was satisfied with the treatment received from the Office of
Special Counsel.
(b) Report.--The results of the survey conducted under
subsection (a) shall be published in the annual report of the
Office of Special Counsel.
SEC. 14. EFFECTIVE DATE.
The provisions of this Act and the amendments made by this
Act shall be effective on and after the date of the enactment
of this Act.
On motion of Mr. McCLOSKEY, said Senate amendment was agreed to.
A motion to reconsider the vote whereby said Senate amendment was
[[Page 2482]]
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 122.78 dod overseas teachers
On motion of Mr. McCLOSKEY, by unanimous consent, the bill (H.R. 3499)
to amend the Defense Department Overseas Teachers Pay and Personnel
Practices Act; together with the following amendment of the Senate
thereto, was taken from the Speaker's table:
Page 2 after line 12, insert:
SEC. 2. PROHIBITION ON CASH AWARDS TO CERTAIN FEDERAL
OFFICERS.
(a) In General.--Chapter 45 of title 5, United States Code,
is amended by inserting after section 4507 the following new
sections:
``Sec. 4508. Limitation of awards during a Presidential
election year
``(a) For purposes of this section, the term--
``(1) `Presidential election period' means any period
beginning on June 1 in a calendar year in which the popular
election of the President occurs, and ending on January 20
following the date of such election; and
``(2) `senior politically appointed officer' means any
officer who during a Presidential election period serves--
``(A) in a Senior Executive Service position and is not a
career appointee as defined under section 3132(a)(4); or
``(B) in a position of a confidential or policy-determining
character under schedule C of subpart C of part 213 of title
5 of the Code of Federal Regulations.
``(b) No senior politically appointed officer may receive
an award under the provisions of this subchapter during a
Presidential election period.
``Sec. 4509. Prohibition of cash award to Executive Schedule
officers
``No officer may receive a cash award under the provisions
of this subchapter, if such officer--
``(1) serves in--
``(A) an Executive Schedule position under subchapter II of
chapter 53; or
``(B) a position for which the compensation is set in
statute by reference to a section or level under subchapter
II of chapter 53; and
``(2) was appointed to such position by the President, by
and with the advice and consent of the Senate.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 45 of title 5, United States Code, is
amended by inserting after the item relating to section 4507
the following:
``4508. Limitation of awards during a Presidential election year.
``4509. Prohibition of cash award to Executive Schedule officers.''.
On motion of Mr. McCLOSKEY, said Senate amendment was agreed to.
A motion to reconsider the vote whereby said Senate amendment was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
SATURDAY, OCTOBER 8, (LEGISLATIVE DAY OF OCTOBER 7), 1994
Para. 122.79 fegli living benefits
On motion of Mr. McCLOSKEY, by unanimous consent, the bill (H.R. 512)
to amend chapter 87 of title 5, United States Code, to provide that
group life insurance benefits under such chapter may, upon application,
be paid out to an insured individual who is terminally ill, and for
other purposes; together with the following amendments of the Senate
thereto, was taken from the Speaker's table:
Page 7, after line 12, insert:
SEC. 5. CONTINUATION OF HEALTH BENEFITS COVERAGE FOR
INDIVIDUALS ENROLLED IN A PLAN ADMINISTERED BY
THE OFFICE OF THE COMPTROLLER OF THE CURRENCY
OR THE OFFICE OF THRIFT SUPERVISION.
(a) Enrollment in Chapter 89 Plan.--For purposes of the
administration of chapter 89 of title 5, United States Code,
any period of enrollment under a health benefits plan
administered by the Office of the Comptroller of the Currency
or the Office of Thrift Supervision before the termination of
such plans on January 7, 1995, shall be deemed to be a period
of enrollment in a health benefits plan under chapter 89 of
such title.
(b) Continued Coverage.--(1) Any individual who, on January
7, 1995, is covered by a health benefits plan administered by
the Office of the Comptroller of the Currency or the Office
of Thrift Supervision may enroll in an approved health
benefits plan described under section 8903 or 8903a of title
5, United States Code--
(A) either as an individual or for self and family, if such
individual is an employee, annuitant, or former spouse as
defined under section 8901 of such title; and
(B) for coverage effective on and after January 8, 1995.
(2) An individual who, on January 7, 1995, is entitled to
continued coverage under a health benefits plan administered
by the Office of the Comptroller of the Currency or the
Office of Thrift Supervision--
(A) shall be deemed to be entitled to continued coverage
under section 8905a of title 5, United States Code, for the
same period that would have been permitted under the plan
administered by the Office of the Comptroller of the Currency
or the Office of Thrift Supervision; and
(B) may enroll in an approved health benefits plan
described under section 8903 or 8903a of such title in
accordance with section 8905a of such title for coverage
effective on and after January 8, 1995.
(3) An individual who, on January 7, 1995, is covered as an
unmarried dependent child under a health benefits plan
administered by the Office of the Comptroller of the Currency
or the Office of Thrift Supervision and who is not a member
of family as defined under section 8901(5) of title 5, United
States Code--
(A) shall be deemed to be entitled to continued coverage
under section 8905a of such title as though the individual
had, on January 7, 1995, ceased to meet the requirements for
being considered an unmarried dependent child under chapter
89 of such title; and
(B) may enroll in an approved health benefits plan
described under section 8903 or 8903a of such title in
accordance with section 8905a for continued coverage
effective on and after January 8, 1995.
(c) Transfers to the Employees Health Benefits Fund.--The
Office of the Comptroller of the Currency and the Office of
Thrift Supervision shall transfer to the Employees Health
Benefits Fund established under section 8909 of title 5,
United States Code, amounts determined by the Director of the
Office of Personnel Management, after consultation with the
Office of the Comptroller of the Currency and the Office of
Thrift Supervision, to be necessary to reimburse the Fund for
the cost of providing benefits under this section not
otherwise paid for by the individuals covered by this
section. The amounts so transferred shall be held in the Fund
and used by the Office in addition to amounts available under
section 8906(g)(1) of such title.
(d) Administration and Regulations.--The Office of
Personnel Management--
(1) shall administer the provisions of this section to
provide for--
(A) a period of notice and open enrollment for individuals
affected by this section; and
(B) no lapse of health coverage for individuals who enroll
in a health benefits plan under chapter 89 of title 5, United
States Code, in accordance with this section; and
(2) may prescribe regulations to implement this section.
Amend the title so as to read: ``An Act to amend chapter 87
of title 5, United States Code, to provide that group life
insurance benefits under such chapter may, upon application,
be paid out to an insured individual who is terminally ill;
to provide for continuation of health benefits coverage for
certain individuals enrolled in health benefits plans
administered by the Office of the Comptroller of the Currency
or the Office of Thrift Supervision; and for other
purposes.''.
On motion of Mr. McCLOSKEY, said Senate amendments were agreed to.
A motion to reconsider the vote whereby said Senate amendments were
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 122.80 federal employees family friendly leave act
On motion of Mr. McCLOSKEY, by unanimous consent, the bill (H.R. 4361)
to amend title 5, United States Code, to provide that an employee of the
Federal Government may use sick leave to attend to the medical needs of
a family member; to modify the voluntary leave transfer program with
respect to employees who are members of the same family; and for other
purposes; together with the following amendments of the Senate thereto,
was taken from the Speaker's table:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employees Family
Friendly Leave Act''.
SEC. 2. USE OF SICK LEAVE FOR PURPOSES RELATING TO A FAMILY
MEMBER.
Section 6307 of title 5, United States Code, is amended by
adding at the end the following:
``(d)(1) For the purpose of this subsection, the term
`family member' shall have such meaning as the Office of
Personnel Management shall by regulation prescribe, except
that such term shall include any individual who meets the
definition given that term, for purposes of the leave
transfer program under subchapter III, under regulations
prescribed by the Office (as in effect on January 1, 1993).
``(2) Subject to paragraph (3) and in addition to any other
allowable purpose, sick leave may be used by an employee--
``(A) to give care or otherwise attend to a family member
having an illness, injury, or other condition which, if an
employee had such condition, would justify the use of sick
leave by such an employee; or
``(B) for purposes relating to the death of a family
member, including to make arrangements for or attend the
funeral of such family member.
``(3)(A) Sick leave may be used by an employee for the
purposes provided under para-
[[Page 2483]]
graph (2) only to the extent the amount used for such
purposes does not exceed--
``(i) 40 hours in any year, plus
``(ii) up to an additional 64 hours in any year, but only
to the extent the use of such additional hours does not cause
the amount of sick leave to the employee's credit to fall
below 80 hours.
``(B) In the case of a part-time employee or an employee on
an uncommon tour of duty, the Office of Personnel Management
shall establish limitations that are proportional to those
prescribed under subparagraph (A).
``(4)(A) This subsection shall be effective during the 3-
year period that begins upon the expiration of the 2-month
period that begins on the date of the enactment of this
subsection.
``(B) Not later than 6 months before the date on which this
subsection is scheduled to cease to be effective, the Office
shall submit a report to Congress in which it shall evaluate
the operation of this subsection and make recommendations as
to whether or not this subsection should be continued beyond
such date.''.
Amend the title so as to read: ``An Act to amend chapter 63
of title 5, United States Code, to provide that an employee
of the Federal Government may use sick leave to attend to the
medical needs of a family member, and for other purposes.''.
On motion of Mr. McCLOSKEY, said Senate amendments were agreed to.
A motion to reconsider the vote whereby said Senate amendments were
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 122.81 lincoln county, montana, public lands
On motion of Mr. VENTO, by unanimous consent, the Committee on Natural
Resources was discharged from further consideration of the bill of the
Senate (S. 528) to provide for the transfer of certain U.S. Forest
Service lands located in Lincoln County, Montana, to Lincoln County in
the State of Montana.
When said bill was considered, read twice, ordered to be read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 122.82 senate bills, joint resolutions and concurrent resolution
referred
Bills, joint resolutions, and concurrent resolutions of the Senate of
the following titles were taken from the Speaker's table and, under the
rule, referred as follows:
S. 560. An Act to further the goals of the Paperwork
Reduction Act to have Federal agencies become more
responsible and publicly accountable for reducing the burden
of Federal paperwork on the public, and for other purposes;
to the Committee on Government Operations.
S. 991. An Act to direct the Secretary of the Interior and
the Secretary of Energy to undertake initiatives to address
certain needs in the Lower Mississippi Delta Region, and for
other purposes; jointly, to the Committees on Education and
Labor, Public Works and Transportation, Natural Resources,
Energy and Commerce, and Science, Space, and Technology.
S. 1422. An Act to confer jurisdiction on the United States
Court of Federal Claims with respect to land claims of Pueblo
of Isleta Indian Tribe; to the Committee on the Judiciary.
S. 1493. An Act to support the transition to nonracial
democracy in South Africa; jointly, to the Committees on
Foreign Affairs, Banking, Finance and Urban Affairs; Ways and
Means; Post Office and Civil Service; and Government
Operations.
S. 1685. An Act to amend the Federal Deposit Insurance Act
to permit the continued insurance of deposits in minority-
and women-owned banks by the Bank Deposit Financial
Assistance Program; to the Committee on Banking, Finance and
Urban Affairs.
S. 1774. An Act to amend the Public Health Service Act to
revise and extend the bone marrow donor program, and for
other purposes; to the Committee on Education and Labor.
S. 1881. An Act to establish and implement a technology
investment policy for aeronautical and space activities of
the National Aeronautics and Space Administration, and for
other purposes; to the Committee on Science, Space, and
Technology.
S. 2036. An Act to specify the terms of contracts entered
into by the United States and Indian tribal organizations
under the Indian Self-Determination and Education Assistance
Act, and for other purposes; to the Committee on Natural
Resources.
S. 2042. An Act to remove the United States arms embargo of
the Government of Bosnia and Herzegovina; to the Committee on
Foreign Affairs.
S. 2075. An Act to amend the Indian Child Protection and
Family Violence Prevention Act to reauthorize and improve
programs under the Act; to the Committee on Natural
Resources.
S. 2145. An Act to authorize the Secretary of Agriculture
to determine which programs of the Department of Agriculture
are eligible for State mediation and to certify States to
administer mediation for the programs, and for other
purposes; to the Committee on Agriculture.
S. 2433. An Act to amend title VIII of the Public Health
Service Act to consolidate and reauthorize nursing education
programs under such title, and for other purposes; to the
Committee on Energy and Commerce.
S. 2478. An Act to amend the Small Business Act to enhance
the business development opportunities of small business
concerns owned and controlled by socially and economically
disadvantaged individuals, and for other purposes; to the
Committee on Small Business.
S.J. Res. 20. Joint resolution to designate February 7,
1993, through February 13, 1993, and February 6, 1994,
through February 12, 1994, as ``National Burn Awareness
Week''; to the Committee on Post Office and Civil Service.
S.J. Res. 180. Joint resolution to provide for the
appointment of an executive secretary for the United States
Capitol Preservation Commission, and for other purposes; to
the Committee on Natural Resources.
S.J. Res. 181. Joint resolution to designate the week of
May 8, 1994, through May 14, 1994, as ``United Negro College
Fund Week''; to the Committees on Post Office and Civil
Service and Education and Labor.
S.J. Res. 208. Joint resolution designating the week of
November 6, 1994, through November 12, 1994, ``National
Health Information Management Week; to the Committee on Post
and Civil Service.
S.Con. Res. 60. Concurrent resolution expressing the sense
of the Congress that a postage stamp should be issued to
honor the 100th anniversary of the Jewish War Veterans of the
United States of America; to the Committee on Post Office and
Civil Service.
Para. 122.83 enrolled bills signed
Mr. ROSE, from the Committee on House Administration, reported that
that committee had examined and found truly enrolled bills of the House
of the following titles, which were thereupon signed by the Speaker:
H.R. 4278. An Act to make improvements in the old-age,
survivors, and disability insurance program under title II of
the Social Security Act;
H.R. 4379. An Act to amend the Farm Credit Act of 1971 to
enhance the ability of the banks for cooperatives to finance
agricultural exports, and for other purposes; and
H.R. 4950. An Act to extend the authorities of the Overseas
Private Investment Corporation, and for other purposes.
Para. 122.84 senate enrolled joint resolution signed
The SPEAKER announced his signature to an enrolled joint resolution of
the Senate of the following title:
S.J. Res. 221. Joint resolution to express the sense of the
Congress in commemoration of the 75th anniversary of Grand
Canyon National Park.
And then,
Para. 122.85 adjournment
On motion of Mr. HUGHES, pursuant to the provisions of House
Concurrent Resolution 315, at 12 o'clock and 5 minutes a.m., Saturday,
October 8 (legislative day of October 7), 1994, the House adjourned
until 12 o'clock noon on Tuesday, November 29, 1994.
Para. 122.86 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. CLAY: Committee on Post Office and Civil Service. H.R.
3600. A bill to ensure individual and family security through
health care coverage for all Americans in a manner that
contains the rate of growth in health care costs and promotes
responsible health insurance practices, to promote choice in
health care, and to ensure and protect the health care of all
Americans; with amendments (Rept. No. 103-601 Pt. 7). Ordered
to be printed.
Mr. BROOKS: Committee on the Judiciary. H.R. 2289. A bill
to amend the Ethics in Government Act of 1978 to extend the
authorization of appropriations for the Office of Government
Ethics for 8 years, and for other purposes; with an amendment
(Rept. No. 103-785 Pt. 2). Referred to the Committee of the
Whole House on the State of the Union.
Mr. MINETA: Committee on Public Works and Transportation.
H.R. 2873. A bill to amend the Robert T. Stafford Disaster
Relief and Emergency Assistance Act to provide for an
expanded Federal program of hazard mitigation, relief, and
insurance against the risk of catastrophic natural disasters,
such as hurricanes, earthquakes, and volcanic eruptions, and
for other purposes; with an amendment (Rept. No. 103-848 Pt.
1). Ordered to be printed.
Mr. STUDDS: Committee on Merchant Marine and Fisheries.
H.R. 4477. A bill to amend the act commonly referred to as
the ``Dingell-Johnson Sport Fish Restoration Act'' to provide
funding for recreational boating
[[Page 2484]]
safety programs, and for other purposes; with an amendment
(Rept. No. 103-849). Referred to the Committee of the Whole
House on the State of the Union.
Mr. STUDDS: Committee on Merchant Marine and Fisheries.
H.R. 4236. A bill to establish a National Undersea Research
Program within the National Oceanic and Atmospheric
Administration; with an amendment (Rept. No. 103-850).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. MOAKLEY: Committee on Rules. House Resolution 579.
Resolution providing for the adoption of the resolution (H.
Res. 578) amending the Rules of the House of Representatives
to apply certain laws to the House of Representatives, and
for other purposes (Rept. No. 103-851). Referred to the House
Calendar.
Mr. BROOKS: Committee on the Judiciary. H.R. 9. A bill to
modify the antitrust exemption applicable to the business of
insurance; with an amendment (Rept. No. 103-853). Referred to
the Committee of the Whole House on the State of the Union.
Mr. BROOKS: Committee on the Judiciary. H.R. 4490. A bill
to extend the Administrative Conference of the United States,
and for other purposes; with an amendment (Rept. No. 103-
854). Referred to the Committee of the Whole House on the
State of the Union.
Mr. CLAY: Committee on Post Office and Civil Service. H.R.
3297. A bill to amend title 5, United States Code, to extend
the treatment currently afforded to Federal judges under the
Federal Employees Group Life Insurance Program to certain
other judicial officials; with amendments (Rept. No. 103-
855). Referred to the Committee of the Whole House on the
State of the Union.
Mr. FORD of Michigan: Committee on Education and Labor.
H.R. 1231. A bill to amend the act of March 3, 1931 (known as
the Davis-Bacon Act), to revise the standard for coverage
under that act, and for other purposes; with an amendment
(Rept. No. 103-856). Referred to the Committee of the Whole
House on the State of the Union.
Mr. BROWN of California: Committee on Science, Space, and
Technology. H.R. 4306. A bill to establish a comprehensive
risk assessment program within the Environmental Protection
Agency, and for other purposes; with an amendment (Rept. No.
103-857). Referred to the Committee of the Whole House on the
State of the Union.
Mr. CLAY: Committee on Post Office and Civil Service. H.R.
115. A bill to strengthen the authority to require safe
workplaces for Federal and Postal Service employees, and for
other purposes; with an amendment (Rept. No. 103-858).
Referred to the Committee of the Whole House on the State of
the Union.
Para. 122.87 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mrs. UNSOELD:
H.R. 5241. A bill to amend section 9147 of Public Law 102-
396; jointly, to the Committees on Armed Services and the
Judiciary.
By Ms. SCHENK:
H.R. 5242. A bill to amend teh act commonly referred to as
the ``Johnson Act'' to limit the authority of States to
regulate gambling devices on vessels; to the Committee on
Merchant Marine and Fisheries.
By Mr. WISE (for himself, Mr. Kanjorski, Mr. Mineta,
Mr. Gonzalez, Mr. Shuster, Ms. Molinari, and Mr.
Ridge):
H.R. 5243. A bill to amend the Public Works and Economic
Development Act of 1965 to reauthorize economic development
programs, and for other purposes; jointly, to the Committees
on Public Works and Transportation and Banking, Finance and
Urban Affairs.
By Mr. MONTGOMERY (for himself and Mr. Stump):
H.R. 5244. A bill to amend title 38, United States Code, to
revise and improve veterans' benefits programs, and for other
purposes; to the Committee on Veterans' Affairs.
By Mr. GONZALEZ:
H.R. 5245. A bill to provide for the extension of certain
programs relating to housing and community development, and
for other purposes; to the Committee on Banking, Finance and
Urban Affairs.
By Mr. GEJDENSON (for himself and Mr. Gilman):
H.R. 5246. A bill to amend the Foreign Assistance Act of
1961 to make certain corrections relating to international
narcotics control activities, and for other purposes; to the
Committee on Foreign Affairs.
By Mr. SHARP (for himself and Mr. Moorhead):
H.R. 5247. A bill to provide for extensions and
modifications of certain hydro and renewable energy programs;
to the Committee on Energy and Commerce.
By Mr. SHARP:
H.R. 5248. A bill to require States to consider adopting
mandatory, comprehensive, statewide one-call notification
systems to protect natural gas and hazardous liquid pipelines
and all other underground facilities from being damaged by
any excavations, and for other purposes; jointly, to the
Committees on Energy and Commerce and Public Works and
Transportation.
By Mr. ANDREWS of Texas (for himself, Mrs. Kennelly,
and Mr. Shaw):
H.R. 5249. A bill to amend the Internal Revenue Code of
1986 to provide a credit against income tax to individuals
who rehabilitate historic homes or who are the first
purchasers of rehabilitated historic homes for use as a
principal residence; to the Committee on Ways and Means.
By Mr. DINGELL:
H.R. 5250. A bill to amend the Solid Waste Disposal Act to
provide congressional authorization of State control over
transportation of municipal solid waste, and for other
purposes; to the Committee on Energy and Commerce.
By Mr. BACHUS of Alabama:
H.R. 5251: A bill to amend the Federal Home Loan Bank Act
to require the Resolution Trust Corporation to use
competitive procedures in procuring property and services
necessary or appropriate to carry out its duties; to the
Committee on Banking, Finance and Urban Affairs.
By Mr. STARK:
H.R. 5252. A bill to amend the Social Security Act and
related acts to make miscellaneous and technical amendments,
and for other purposes; jointly, to the Committees on Ways
and Means and Energy and Commerce.
By. Mr. BALLENGER:
H.R. 5253. A bill to establish standards relating to the
calculation and payment of damages in medical malpractice
liability claims and actions, to restrict attorneys'
contingency fees under such claims and actions, and for other
purposes; to the Committee on the Judiciary.
By Mr. BERMAN (for himself, Mr. Gilman, Mr. Rose, Mr.
Porter, Mr. Lantos, Mrs. Unsoeld, Mr. Lewis of
Georgia, Mr. Abercrombie, and Ms. Pelosi):
H.R. 5254. A bill to establish the position of United
States Special Envoy for Tibet, and for other purposes; to
the Committee on Foreign Affairs.
By Mr. BONIOR (for himself, Mr. Brooks, Mr. Dingell,
Mr. Pallone, Mr. Gillmor, Mr. Payne of New Jersey,
and Mr. Goss):
H.R. 5255. A bill to require the Secretary of the Treasury
to mint coins in commemoration of the sesquicentennial of the
birth of Thomas Alva Edison; to the Committee on Banking,
Finance and Urban Affairs.
By Mr. BREWSTER (for himself and Mr. DeLay):
H.R. 5256. A bill to guarantee the ability of licensed
pharmacists to conduct the practice of pharmacy compounding
and to ensure their right to the necessary supply of bulk
drug products, subject to applicable State and Federal laws;
to the Committee on Energy and Commerce.
By Mr. BROWN of Ohio:
H.R. 5257. A bill to authorize a study regarding the
incidence of breast and prostate cancer, and for other
purposes; to the Committee on Energy and Commerce.
By Mr. CONYERS:
H.R. 5258. A bill to improve Federal enforcement against
health care fraud and abuse; to the Committee on Government
Operations.
By Mr. DREIER:
H.R. 5259. A bill to amend the Internal Revenue Code of
1986 to exclude long-term capital gains from gross income; to
the Committee on Ways and Means.
By Mr. EMERSON (for himself, Mr. Skelton, and Mr.
Hancock):
H.R. 5260. A bill to provide for the protection of wild
horses within the Ozark National Scenic Riverways and
prohibit the removal of such horses; jointly, to the
Committees on Merchant Marine and Fisheries and Natural
Resources.
By Mr. EVANS (for himself, Ms. Kaptur, Mr. Brown of
California, Mr. Conyers, and Mr. DeFazio):
H.R. 5261. A bill to require the Secretary of State to
establish a set of voluntary guidelines to promote socially
responsible business practices for U.S. businesses operating
in foreign countries; to the Committee on Foreign Affairs.
By Mr. EVERETT (for himself and Mr. Browder):
H.R. 5262. A bill to amend the Indian Gaming Regulatory Act
to provide for community approval before Indian class III
gaming operations may take effect; to the Committee on
Natural Resources.
By Mr. FRANKS of Connecticut:
H.R. 5263. A bill to amend the District of Columbia Self-
Government and Governmental Reorganization Act to prohibit
any individual convicted of a crime subject to a term of
imprisonment of 6 months or longer from serving as a member
of the Council of the District of Columbia or as the Mayor of
the District of Columbia; to the Committee on the District of
Columbia.
H.R. 5264. A bill to prohibit use of education funds to
make condoms available in an elementary school; to the
Committee on Education and Labor.
By Mr. GUTIERREZ:
H.R. 5265. A bill to amend the National Voter Registration
Act of 1993 to increase the number of college students who
register and vote; to the Committee on House Administration.
By Mr. HAYES (for himself, Mr. Dixon, Mr. Stenholm, Mr.
Sundquist, and Mr. Tauzin):
H.R. 5266. A bill to amend the Occupational Safety and
Health Act of 1970 to assist small business in compliance
with such Act; to the Committee on Education and Labor.
By Mr. HOCHBRUECKNER:
H.R. 5267. A bill to amend the Food, Agriculture,
Conservation, and Trade Act of 1990 to require the Secretary
of Agriculture to develop programs to encourage source-
separated composting at homes, schools, and workplaces, and
on farms; to the Committee on Agriculture.
[[Page 2485]]
H.R. 5268. A bill to authorize the exchange of National
Park Service land in the Fire Island National Seashore in the
State of New York for land in the Village of Patchogue,
Suffolk County, NY; to the Committee on Natural Resources.
By Mr. LANTOS (for himself, Mrs. Unsoeld, and Ms.
Pelosi):
H.R. 5269. A bill to encourage liberalization inside the
People's Republic of China and Tibet; to the Committee on
Foreign Affairs.
By Ms. McKINNEY (for herself, Mr. Brown of California,
Mr. Dellums, Mr. Farr, Mr. Frank of Massachusetts,
Mr. Hinchey,, Mr. Johnson of Georgia, Mr. Lewis of
Georgia, Mr. Nadler, Mr. Rose and Ms. Shepherd):
H.R. 5270. A bill entitled, the ``Farm Viability and Pest
Management Improvement Act of 1994: A National Program for
Pesticide Reduction''; to the Committee on Agriculture.
By Mr. MFUME (for himself, Mr. Conyers, Mr. Flake, Ms.
Roybal-Allard, Ms. Velazquez, and Mr. Tucker):
H.R. 5271. A bill to amend the Small Business Act to make
modifications to the small business and capital ownership
development program, and for other purposes; to the Committee
on Small Business.
By Mr. MINGE:
H.R. 5272. A bill to improve accountability regarding
official mail by repealing the use of the frank for official
mail, and for other purposes; jointly, to the Committees on
Post Office and Civil Service and House Administration.
By Mr. OBERSTAR:
H.R. 5273. A bill to authorize the Secretary of Agriculture
to establish and collect recreation use fees on a temporary
basis in connection with the recreational use of the Superior
National Forest in the State of Minnesota; to the Committee
on Natural Resources.
By Mr. OBERSTAR:
H.R. 5274. A bill to improve the safety and convenience of
air travel by establishing the Federal Aviation
Administration as an independent Federal agency; to the
Committee on Public Works and Transportation.
By Mr. OWENS:
H.R. 5275. A bill to establish a Federal Housing Trust Fund
to provide decent, safe, and affordable housing for low-
income families lacking such housing; jointly, to the
Committees on Ways and Means and Banking, Finance and Urban
Affairs.
By Mr. REGULA:
H.R. 5276. A bill to provide for the relief of hospitals
treating rural populations under the current calculation of
the wage index modifier for the prospective payment under
Medicare; to the Committee on Ways and Means.
By Mr. RICHARDSON (for himself an Ms. Furse) (both by
request):
H.R. 5277. A bill to address the need for private financing
of home ownership and economic development on and near
reservation lands, and for other purposes; to the Committee
on Banking, Finance and Urban Affairs.
By Mr. SANDERS (for himself, Ms. Velazquez, Mr.
Hinchey, Mr. Owens, Mr. Bonior, and Mr. Brown of
California):
H.R. 5278. A bill to provide for the creation of jobs in
America, and for other purposes; jointly, to the Committees
on Public Works and Transportation; Energy and Commerce;
Armed Services; Appropriations; Banking, Finance and Urban
Affairs; Education and Labor; Natural Resources; and Ways and
Means.
By Mr. SHAYS (for himself, Mr. Borski, Ms. Molinari,
Mr. Ridge, and Mr. Santorum):
H.R. 5279. A bill to promote a new urban agenda, and for
other purposes; jointly, to the Committees on Government
Operations; Foreign Affairs; Public Works and Transportation,
Armed Services; Ways and Means; Rules; Banking, Finance and
Urban Affairs; and Energy and Commerce.
By Mr. SMITH of Michigan (for himself and Mr.
Knollenberg):
H.R. 5280. A bill to amend the Internal Revenue Code of
1986 to allow a deduction for State and local general sales
taxes and to compensate for the resulting revenue loss by
providing that only 89 percent of the amount of all State and
local taxes shall be allowed as a deduction; to the Committee
on Ways and Means.
By Mr. SMITH of Michigan (for himself, Mr. McCollum,
Mr. Petri, and Mr. Solomon):
H.R. 5281. A bill to amend the Internal Revenue Code of
1986 to provide a tax credit to all families with young
children, and for other purposes; to the Committee on Ways
and Means.
By Mr. SPRATT:
H.R. 5282. A bill to provide a mechanism for dedicating
spending cuts in discretionary spending programs to deficit
reduction; jointly, to the Committees on Government
Operations and Rules.
By Mr. TORKILDSEN (for himself, Mr. Spence, Mr.
Cunningham, Mr. Saxton, Mr. Talent, Mr. Dornan, Mr.
McCLoskey, Mr. Parker, Mr. Emerson, Mr. McCollum, Mr.
McHugh, and Mr. Lipinski):
H.R. 5283. A bill to request the Secretary of the Navy to
name an appropriate ship of the U.S. Navy the U.S.S. Joseph
Vittori; to the Committee on Armed Services.
By Mr. TORRICELLI:
H.R. 5284. A bill to provide compensation for victims from
persons who unlawfully provide firearms to juveniles, felons,
and other disqualified individuals; to the Committee on the
Judiciary.
H.R. 5285. A bill to close loopholes in the firearms laws
which allow the unregulated manufacture, assembly, shipment,
or transportation of firearms or firearms parts, and for
other purposes; to the Committee on the Judiciary.
By Mr. TRAFICANT:
H.R. 5286. A bill to amend the Internal Revenue Code of
1986 to provide that the burden of proof shall be on the
Secretary of the Treasury in all tax cases, and for other
purposes; to the Committee on Ways and Means.
By Mr. VALENTINE:
H.R. 5287. A bill relating to the tariff treatment of
pharmaceutical grade phospholipids; to the Committee on Ways
and Means.
By Mr. WHEAT:
H.R. 5288. A bill to amend the Solid Waste Disposal Act to
prohibit a certain requirement from applying to out-of-State
municipal solid waste generated and disposed of within the
same bi-State level A metropolitan statistical area; to the
Committee on Energy and Commerce.
By Mr. HOYER:
H.J. Res. 425. Joint resolution providing for the convening
of the first session of the 104th Congress; considered and
passed.
By Mr. COYNE:
H.J. Res. 426. Joint resolution designating October 24,
1995, as ``United Nations Day''; to the Committee on Post
Office and Civil Service.
By Mr. FRANKS of Connecticut:
H.J. Res. 427. Joint resolution proposing an amendment to
the Constitution of the United States to disqualify from
certain offices persons who have been convicted of a crime
for which a penalty of imprisonment of 6 months or more may
be imposed; to the Committee on the Judiciary.
By Mr. PICKETT:
H.J. Res. 428. Joint resolution proposing an amendment to
the Constitution of the United States relative to the
desecration of the American flag; to the Committee on the
Judiciary.
By Mr. MONTGOMERY:
H. Con. Res. 314. Concurrent resolution providing for the
printing of a collection of statements made in tribute to
Representative Jamie L. Whitten; to the Committee on House
Administration.
By Mr. HOYER:
H. Con. Res. 315. Concurrent resolution providing an
adjournment or recess of the two Houses; considered and
agreed to.
By Mr. FRANKS of Connecticut:
H. Con. Res. 316. Concurrent resolution declaring the sense
of the Congress with respect to the use of racial quotas and
statistics in connection with death penalty cases; to the
Committee on the Judiciary.
By Mr. LIPINSKI (for himself and Mr. Fields of Texas):
H. Con. Res. 317. Concurrent resolution to express the
sense of Congress that the President, the U.S. Trade
Representative, the Secretary of Transportation, and the
Secretary of Commerce must take all appropriate and necessary
steps to eliminate, through international agreements or
otherwise, restrictive foreign shipping practices which
restrain or prevent U.S. flag vessels from fair and equitable
participation in the transportation of motor vehicles into
the United States; jointly, to the Committees on Merchant
Marine and Fisheries, Foreign Affairs, and Ways and Means.
By Mr. GIBBONS:
H. Res. 577. Resolution returning to the Senate the bill S.
1216; considered and agreed to.
By Mr. MOAKLEY:
H. Res. 578. Resolution amending the Rules of the House of
Representatives to apply certain laws to the House of
Representatives, and for other purposes; to the Committee on
Rules.
By Mr. GEPHARDT:
H. Res. 580. Resolution providing for the printing of the
revised edition of the Rules and Manual of the House of
Representatives for the 104th Congress: considered and agreed
to.
By Mr. GEPHARDT:
H. Res. 581. Resolution relating to early organization of
the House of Representatives for the 104th Congress;
considered and agreed to.
By Mr. CLINGER:
H. Res. 582. Resolution declaring the sense of the House
with respect to the National Performance Review's
recommendation to dismantle the Railroad Retirement System;
jointly, to the Committees on Energy and Commerce and Ways
and Means.
By Mr. COX:
H. Res. 583. Resolution expressing the sense of the House
of Representatives concerning the Iraqi Government's campaign
against the Marsh Arabs of southern Iraq; to the Committee on
Foreign Affairs.
By Mr. ORTON (for himself, Mr. Young of Alaska, and Mr.
Hansen):
H. Res. 584. Resolution requesting that the Secretary of
the Interior withdraw proposed regulations concerning rights-
of-way granted under section 2477 of the Revised Statutes; to
the Committee on Natural Resources.
Para. 122.88 private bills and resolutions
Under clause 1 of rule XXII, private bills and resolutions were
introduced and severally referred as follows:
By Mr. MONTGOMERY (by request):
H.R. 5289. A bill for the relief of John T. Monk; to the
Committee on the Judiciary.
[[Page 2486]]
By Mr. WILLIAMS:
H.R. 5290. A bill for the relief of Wade Bomar, and for
other purposes; to the Committee on the Judiciary.
Para. 122.89 reports of committees on private bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. BROOKS: Committee on the Judiciary. H.R. 4862. A bill
for the relief of Inslaw, Inc., a Delaware corporation, and
William A. Hamilton and Nancy Hamilton, individually; with an
amendment (Rept. No. 103-852). Referred to the Committee of
the Whole House.
Para. 122.90 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 65: Ms. Dunn.
H.R. 123: Mr. Peterson of Minnesota and Mr. Hall of Texas.
H.R. 124: Mr. Roth.
H.R. 127: Ms. DeLauro, Mr. Owens, Mr. Goodling, and Mr.
Watt.
H.R. 200: Mr. Borski.
H.R. 325: Ms. Brown of Florida, Mr. Watt, Ms. Long, and
Mrs. Lloyd.
H.R. 326: Mr. Gonzalez.
H.R. 346: Mr. Santorum.
H.R. 417: Mr. Istook, Mr. Lancaster, Mr. DeLay, and Mr.
McDade.
H.R. 436: Mr. Minge.
H.R. 438: Mr. Borski.
H.R. 539: Mr. Bunning, Mr. Hefley, Mr. Boehner, Mr.
Ballenger, Mr. Gilchrest, Mr. Cox, Mr. Saxton, Mr. Michel,
Mr. Hancock, Mr. Gunderson, Mr. Baker of California, Mr.
Hoekstra, Mr. Franks of Connecticut, Mr. Hastert, Mr. Crane,
Mr. Traficant, Mr. Goodling, Mr. Myers of Indiana, and Mr.
Ridge.
H.R. 559: Mr. Farr.
H.R. 885: Mr. Roth and Mr. Blute.
H.R. 896: Ms. Dunn.
H.R. 911: Mr. Bateman.
H.R. 1080: Mr. Roth.
H.R. 1110: Mr. McHale.
H.R. 1122: Mr. Blute.
H.R. 1293: Ms. Dunn.
H.R. 1417: Mrs. Clayton and Mr. Foglietta.
H.R. 1487: Mr. Blute.
H.R. 1500: Mr. Stokes, Mr. Farr, and Ms. McKinney.
H.R. 1604: Mr. Royce.
H.R. 1605: Mr. Royce.
H.R. 1620: Mr. Blute.
H.R. 1671: Mrs. Roukema.
H.R. 1703: Mr. Nadler.
H.R. 1709: Mr. Edwards of Texas, Mr. Mann, Mr. Lucas, Mr.
Petri, Mr. Volkmer, and Mr. Williams.
H.R. 1843: Mrs. Schroeder and Mr. Inslee.
H.R. 1852: Mr. Royce.
H.R. 1853: Mr. Royce.
H.R. 1883: Mr. Camp, Mr. Carr, Mr. Callahan, Mr. Darden,
and Mr. Yates.
H.R. 1968: Mr. Fazio.
H.R. 1980: Mr. Farr.
H.R. 2043: Mr. Sawyer and Mr. Watt.
H.R. 2059: Mr. Royce.
H.R. 2105: Mr. Farr.
H.R. 2119: Ms. Furse.
H.R. 2229: Mr. Jefferson.
H.R. 2292: Mr. Shaw and Mr. Hutto.
H.R. 2336: Mr. Meyers of Kansas.
H.R. 2365: Mr. Blute.
H.R. 2429: Mr. Sangmeister.
H.R. 2501: Mr. Nadler.
H.R. 2543: Mr. Berman and Mr. Farr.
H.R. 2623: Mr. Cox.
H.R. 2664: Mr. Barcia of Michigan.
H.R. 2673: Mr. Borski.
H.R. 2676: Mr. Nadler.
H.R. 2717: Mr. Bachus of Alabama, Mr. Gingrich, Mr.
Kingston, and Mr. Crane.
H.R. 2727: Mr. Swett, Mr. Lantos, and Mr. Farr.
H.R. 2910: Mr. Boehner, Mr. Combest, Mr. Ewing, Mr.
Kingston, and Mr. Paxon.
H.R. 2971: Mr. Sundquist.
H.R. 3122: Mr. Nadler.
H.R. 3176: Mr. Blute.
H.R. 3227: Ms. Eddie Bernice Johnson of Texas, Mr.
Gunderson, Mr. Cramer, Mr. Baker of California, Mr. Stump,
Mr. Bachus of Alabama, Mr. Burton of Indiana, and Mr.
Schaefer.
H.R. 3269: Ms. Shepherd.
H.R. 3320: Mr. Roth.
H.R. 3322: Mr. Clyburn.
H.R. 3397: Mr. Sawyer.
H.R. 3407: Mr. Nadler.
H.R. 3472: Mr. Nadler.
H.R. 3526: Ms. Woolsey and Mr. Filner.
H.R. 3628: Ms. Eddie Bernice Johnson of Texas, Mr.
Hilliard, Mr. Frost, Mr. Quinn, and Mr. Fingerhut.
H.R. 3692: Mr. Blute.
H.R. 3712: Ms. Slaughter and Mr. Ortiz.
H.R. 3739: Mr. Ballenger.
H.R. 3747: Mr. DeFazio and Mrs. Unsoeld.
H.R. 3846: Mr. Pallone.
H.R. 3860: Mr. Roth.
H.R. 3875: Mr. Sisisky.
H.R. 3897: Mr. Moran.
H.R. 3955: Mr. Gekas, Mr. Kolbe, Mr. Emerson, Mr. Kingston,
Mr. Inglis of South Carolina, Mr. Walker, Mr. Bereuter, Mr.
Inhofe, Mr. Baker of Louisiana, Mr. Hoke, Mr. Hefley, Mr.
Crane, Mr. Hansen, Mr. Knollenberg, Mr. Mica, Mr. Shaw, Mr.
Schaefer, Mr. Skeen, Mr. Solomon, Ms. Pryce of Ohio, Mr.
Hobson, Mr. Zimmer, Mr. Calvert, Mr. Everett, and Mr. Weldon.
H.R. 4028: Mr. Zimmer.
H.R. 4056: Mr. Hobson.
H.R. 4096: Mr. Traficant and Mr. Frank of Massachusetts.
H.R. 4118: Mr. Bachus of Alabama.
H.R. 4129: Mr. Gilchrest, Ms. Collins of Michigan, and Mr.
Stupak.
H.R. 4132: Mr. Owens.
H.R. 4142: Mr. Gilchrest.
H.R. 4163: Mr. Skaggs.
H.R. 4213: Mr. Farr.
H.R. 4225: Mr. Lewis of Florida and Mr. Zimmer.
H.R. 4291: Mr. Kopetski.
H.R. 4303: Mr. Cox.
H.R. 4404: Mr. Lantos and Mr. Fish.
H.R. 4416: Mr. Gilchrest.
H.R. 4496: Mr. Sangmeister and Mr. McDermott.
H.R. 4507: Mr. Moran.
H.R. 4514: Mr. Doolittle, Mr. Gejdenson, and Mr. Wilson.
H.R. 4540: Ms. Shepherd.
H.R. 4570: Mr. Moran.
H.R. 4585: Mr. Goodling, Mr. Hoekstra, and Mr. Hefley.
H.R. 4654: Mr. McHale.
H.R. 4658: Ms. Woolsey, Mr. Studds, Ms. Eshoo, Ms. Roybal-
Allard, Ms. Pelosi, Mr. Evans, Ms. Furse, and Ms. English of
Arizona.
H.R. 4677: Mrs. Maloney, Ms. Brown of Florida, Ms. Collins
of Michigan, Ms. Eddie Bernice Johnson of Texas, Ms. Lowey,
Mr. Miller of California, Ms. Shepherd, Mr. Lewis of Georgia,
Mr. Becerra, and Mr. Barrett of Wisconsin.
H.R. 4696: Mr. Hinchey, Ms. Norton, Mr. Owens, Mr. Pallone,
Ms. Furse, Mr. Lipinski, and Mr. Dellums.
H.R. 4737: Mr. McHale.
H.R. 4789: Mr. Gilchrest.
H.R. 4792: Mr. Dornan.
H.R. 4805: Mr. Fingerhut.
H.R. 4839: Mr. Farr.
H.R. 4875: Mr. Owens.
H.R. 4876: Mr. Linder.
H.R. 4879: Mr. Andrews of New Jersey.
H.R. 4903: Mr. Abercrombie, Mr. Towns, Ms. Norton, Mr.
Clay, Mr. Rush, Mr. Klein, and Mr. Lewis of Georgia.
H.R. 4912: Mr. Torres and Mr. Schaefer.
H.R. 4934: Mr. Solomon.
H.R. 4936: Mr. Durbin.
H.R. 4949: Mr. Duncan and Mr. McCollum.
H.R. 4954: Mr. Ackerman.
H.R. 4955: Mr. Torricelli and Ms. Furse.
H.R. 4977: Mr. Miller of California.
H.R. 4978: Mr. Miller of California.
H.R. 4979: Mr. Miller of California.
H.R. 4981: Mr. Olver, Ms. Pelosi, Mr. Miller of California,
Mr. Berman, Ms. Eddie Bernice Johnson of Texas, Mr. Evans,
and Mr. Wyden.
H.R. 4986: Mrs. Johnson of Connecticut, Mrs. Maloney, Mr.
Hall of Ohio, Mr. Payne of Virginia, Mr. Lightfoot, Mr.
Rahall, Mr. Lipinski, Mr. Wilson, Mr. Lewis of Georgia, Mr.
Neal of Massachusetts, Mr. Houghton, Mr. McCloskey, and Mr.
Barlow.
H.R. 4995: Mr. Klug and Mr. McHale.
H.R. 4997: Mr. Manton and Ms. Schenk.
H.R. 5006: Mr. Carr, Mr. Bereuter, Mr. Montgomery, Mr.
Cramer, Mr. Bilbray, Mr. Laughlin, Mr. Moorhead, Mr. Oxley,
Mr. Portman, Mr. Tanner, Mr. de la Garza, Mr. Young of
Alaska, Mr. Schiff, Mr. Weldon, Mr. Huffington, Mr.
Lightfoot, Mr. Knollenberg, Mr. Ballenger, Mr. Barton of
Texas, Mr. Duncan, Mr. Rohrabacher, Mr. Orton, Mr. Farr, and
Mr. Solomon.
H.R. 5010: Mr. Solomon.
H.R. 5013: Mr. Bereuter, Mr. Emerson, Ms. Roybal-Allard,
Mrs. Lowey, and Mr. Moran.
H.R. 5014: Mr. Solomon.
H.R. 5032: Mr. Johnson of Georgia, Mr. Dicks, Ms. Cantwell,
Mr. Swift, Mr. Gunderson.
H.R. 5036: Mr. Serrano, Mr. Filner, Mr. Frost, Mr. Mfume,
and Mr. Lancaster.
H.R. 5043: Mr. Walsh, Mr. Evans, Mr. Skeen, and Mr. Shays.
H.R. 5061: Mr. Manton, Mr. King, Mr. Knollenberg, Mr.
Livingston, Mr. Solomon, Mr. Stupak, Mr. Saxton, Mr. Myers of
Indiana, Mr. Crane, Mrs. Thurman, Mr. Zeliff, Mr. Barton of
Texas, and Mr. Hoekstra.
H.R. 5062: Ms. Waters, Mr. Linder, Mr. Johnson of Georgia,
Mr. Ortiz, Mr. Cunningham, Mr. Huffington, Mr. Quillen, Mr.
Crapo, Ms. Furse, Mr. LaRocco, Mr. Johnston of Florida, Mr.
Sundquist, Ms. Brown of Florida, Mr. Lazio, Mr. Beilenson,
Mr. Barlow, Mr. Crane, Mr. Hall of Texas, Mr. Reed, and Ms.
English of Arizona.
H.R. 5069: Mr. Kingston.
H.R. 5073: Mr. Calvert.
H.R. 5075: Mrs. Kennelly.
H.R. 5082: Mr. Saxton, Mr. Clinger, Mr. Bliley, Mr. Linder,
Mr. Coble, Mr. McHugh, Mr. Santorum, Mr. Thomas of Wyoming,
Mr. Porter, Mr. Ewing, Mr. McInnis, and Mr. Wolf.
H.R. 5083: Mr. Deutsch, Mr. Hastings, and Ms. Lowey.
H.R. 5092: Mr. Stump.
H.R. 5111: Mr. Minge and Mr. Beilenson.
H.R. 5119: Mr. Swift.
H.R. 5128: Mr. Mann and Mr. Frank of Massachusetts.
H.R. 5129: Mr. Barrett of Wisconsin, Mr Johnson of South
Dakota, Mr. Barcia of Michigan, Mr. Klein, Mr. Frank of
Massachusetts, Mr. Rohrabacher, Mr. Nadler, and Mr. Pomeroy.
H.R. 5134: Mrs. Fowler, Mrs. Meyers of Kansas, Mr. Baker of
California, Mr. Barrett of Nebraska, Mr. Portman, Mr. Fields
of Texas, and Mr. Andrews of New Jersey.
H.R. 5135: Mr. Ewing, Mr. Emerson, and Mr. Miller of
Florida.
H.R. 5141: Mr. Menendez, Mr. Schumer, Mr. Gunderson, Ms.
Harman, Mr. Sabo, Mr. Franks of Connecticut, Mrs. Johnson of
[[Page 2487]]
Connecticut, Mr. Gilman, Mr. Ackerman, Mr. Rush, Mr. Hughes,
Mr. Horn, and Mr. Klug.
H.R. 5195: Mrs. Lowey.
H.R. 5219: Mrs. Clayton and Mr. Payne of New Jersey.
H.R. 5222: Mrs. Morella.
H.R. 5228: Mr. Tanner, Mr. Boehlert, Mr. Deal, Mr. Castle,
Mrs. Lloyd, Mr. Houghton, Mr. Hefner, Mr. Klug, Ms. Long, Mr.
Collins of Georgia, Mr. Andrews of New Jersey and Mr.
Everett.
H.J. Res. 18: Mr. Chapman.
H.J. Res. 44: Mr. Lazio.
H.J. Res. 145: Mr. Calvert, Mr. Greenwood, and Mr. Hefley.
H.J. Res. 184: Mr. Watt, Mr. Goodling, Mr. Regula, Mr.
Oxley, Mr. Edwards of California, Mr. Bartlett of Maryland,
Mr. Young of Florida, Mr. Cox, Mr. Gallo, Mr. Franks of New
Jersey, Mr. Solomon, Mr. Bilirakis, Mr. Smith of New Jersey,
Mr. Torricelli, Mr. Barrett of Wisconsin, Mr. Manton, Ms.
Dunn, Mr. Dreier, Mr. Smith of Texas, Mr. Roemer, Mr.
Visclosky, Mr. Baker of Louisiana, Mr. Hastings, Mr.
Ballenger, Mr. Rohrabacher, Mr. Bunning, Mr. Barrett of
Nebraska, Mr. Upton, Mr. Cardin, and Mr. Bachus of Alabama.
H.J. Res. 332: Mr. Pickett.
H.J. Res. 385: Mr. Mollohan, Mr. Jacobs, and Mr. Grandy.
H.J. Res. 399: Ms. Brown of Florida, Mr. Jacobs, Mr.
Sawyer, Mr. Payne of New Jersey, Mr. Slattery, Mr. Hilliard,
Mr. Jefferson, Mr. Dixon, and Mr. Mfume.
H.J. Res. 405: Mr. Smith of New Jersey, Mr. Fields of
Louisiana, Mr. Cox, Mr. Lightfoot, Mr. Quinn, Mr. Peterson of
Minnesota, Mr. Gillmor, Mr. Gilchrest, Mr. Gekas, and Mr.
Bishop.
H.J. Res. 410: Mr. Myers of Indiana and Mr. Cardin.
H.J. Res. 411: Mrs. Byrne, Mr. Bacchus of Florida, Mr.
Barca of Wisconsin, Mr. Ehlers, Mr. Franks of New Jersey, Mr.
Machtley, Mr. Ramstad, Mr. Gallo, Mr. Hastert, Mr. Goodlatte,
Mr. Smith of Texas, Mr. Brown of California, Mr. Wolf, Mr.
Rogers, Mr. Smith of Oregon, Mr. Stokes, Mrs. Vucanovich, Mr.
Bevill, Mr. Laughlin, Mr. Olver, Mr. Hamburg, Mr. Becerra,
Mr. Scott, Mr. Rostenkowski, Mr. Fields of Louisiana, Mrs.
Mink of Hawaii, Ms. Margolies-Mezvinsky, Ms. Shepherd, Mr.
Darden, Mr. Deal, Mr. Menendez, Mr. Neal of Massachusetts,
Mr. Dellums, Mr. Hutto, Mr. Kanjorski, Mr. Mazzoli, Mr.
Moakley, Mr. Spence, Mrs. Bentley, Mr. Bilirakis, Mr.
McCollum, Mr. Gekas, Mr. Holden, Mr. Shuster, Mr. Murphy, Mr.
Ridge, Mr. Orton, Mr. Andrews of Maine, Mr. Klink, Mr. Neal
of North Carolina, Mr. Sarpalius, Mr. Levy, Mr. Flake, Mr.
Nadler, Mr. Schumer, Mr. Towns, Ms. Velazquez, Ms. Molinari,
Mr. Rangel, Mr. Engel, Mr. Gilman, Mr. Paxon, Mr. LaFalce,
Mr. Houghton, Mr. Sam Johnson, Mr. Smith of Michigan, Mr.
Rohrabacher, Mr. Zimmer, Mr. Calvert, Mr. Hoke, Mr. Bartlett
of Maryland, Mr. Grams, Ms. Snowe, Mr. Upton, Mr. Young of
Florida, Ms. DeLauro, Mr. Hochbrueckner, Mr. Cardin, Mr.
Tauzin, Mr. Lehman, Mr. Hastings, Mr. Doolittle, Mr. Hunter,
Mr. Leach, Mrs. Meyers of Kansas, Mr. Quillen, Mr. Ravenel,
Mr. Roemer, Mr. Faleomavaega, Mr. Serrano, Mr. Hall of Texas,
Mr. Andrews of Texas, Mr. Abercrombie, Mr. Barcia of
Michigan, Mr. Barrett of Wisconsin, Mr. Bishop, Mr. Browder,
Mr. Carr, Mrs. Clayton, Mr. Clyburn, Ms. Collins of Michigan,
Mr. Coyne, Mr. Cramer, Ms. Danner, Mr. DeFazio, Mr. Edwards
of Texas, Ms. English of Arizona, Mr. Farr, Mr. Fingerhut,
Mr. Foglietta, Ms. Furse, Mr. Hughes, Ms. Eddie Bernice
Johnson of Texas, Ms. Kaptur, Mr. Kleczka, Mr. Kopetski, Ms.
Lambert, Ms. Lowey, Mr. Manton, Mr. Markey, Mr. McHale, Ms.
McKinney, Mrs. Meek of Florida, Mr. Minge, Mr. Moran, Ms.
Norton, Mr. Payne of New Jersey, Mr. Gephardt, Mr. Gonzalez,
Mr. Hamilton, Mr. Peterson of Florida, Mr. Pomeroy, Mr.
Rahall, Mr. Romero-Barcelo, Mr. Rose, Mr. Rush, Mr. Smith of
Iowa, Mr. Stenholm, Mr. Stupak, Mr. Synar, Mrs. Thurman, Mrs.
Unsoeld, Ms. Waters, Ms. Woolsey, Mr. Wyden, and Mr. DeLay.
H.J. Res. 418: Mr. Saxton.
H. Con. Res. 148: Ms. Dunn, Mr. Owens, Mrs. Meek of
Florida, Mr. Thompson, Ms. Shephard, Mr. Tauzin, Mr. Neal of
Massachusetts, Mr. Bilbray, and Mr. Johnson of Georgia.
H. Con. Res. 173: Mr. Reed, Mr. Kopetski, Mr. Gilchrest,
Mr. Santorum, Mr. Murphy, Mr. Holden, Mr. Lewis of
California, and Mr. Carr.
H. Con. Res. 188: Mr. Lantos, Mr. Porter, Mr. Condit, Mr.
Conyers, and Ms. DeLauro.
H. Con. Res. 219: Mr. Filner.
H. Con. Res. 243: Mr. Pastor.
H. Con. Res. 258: Mr. Dellums, Mr. Emerson, Mr. Lipinski,
Mr. Manton, and Mr. Flake.
H. Con. Res. 259: Mr. Edwards of Texas, Mr. Mazzoli, Mr.
Montgomery, Mr. Lipinski, Mr. Frost, Mr. Ortiz, and Mr.
Manton.
H. Con. Res. 276: Mr. Evans.
H. Con. Res. 306: Mr. Kopetski, Mr. Evans, Mr. McCloskey,
Mr. DeFazio, Mr. Stark, Mr. Frank of Massaschusetts, Mr.
Edwards of California, Mr. Wyden, and Ms. McKinney.
H. Res. 266: Mr. Blute.
H. Res. 473: Mr. Underwood, Ms. Lowey, and Mr. Mineta.
H. Res. 519: Mr. Rohrabacher, Mr. Deutsch, Mr. Istook, Mr.
Paxon, and Mrs. Vucanovich.
H. Res. 527: Mr. Jefferson, Mr. Pete Geren of Texas, Mrs.
Kennelly, Mr. Flake, Mr. Clay, Mr. Stokes, Mr. Ford of
Tennessee, Mr. Wynn, Mr. Tucker, Mr. Tejeda, Mr. Watt, Mr.
Reynolds, Mr. Sawyer, Mr. Scott, Mr. Bonior, Mr. Richardson,
Mr. Blackwell, Mr. Towns, Mr. Conyers, Mr. Hastings, Mr.
Thompson, Ms. Norton, Mr. Cardin, Mr. Wheat, Mr. Hutto, Ms.
Eddie Bernice Johnson of Texas, Mr. Moran, Mrs. Meek of
Florida, Mr. Mineta, Mr. Ackerman, Mr. Dellums, Ms. Waters,
Mr. Murphy, Mr. Payne of New Jersey, Mr. de Lugo, Mr.
Washington, Mr. Linder, Mr. Montgomery, Mr. Miller of
California, Mr. Frost, Mr. Rowland, Mr. Bacchus of Florida,
Mr. Evans, Mr. Kildee, Mr. Quinn, Ms. Slaughter, Mr. Engel,
Mr. Johnson of Georgia, Mr. Clyburn, Mr. Meehan, Mr. Deal,
Mr. Filner, Mr. Kingston, Mr. McDermott, Ms. DeLauro, Mr.
Schumer, Mr. Lantos, and Mr. Faleomavaega.
H. Res. 528: Mr. Jefferson, Mr. Pete Geren of Texas, Mrs.
Kennelly, Mr. Flake, Mr. Stokes, Mr. Ford of Tennessee, Mr.
Wynn, Mr. Tucker, Mr. Tejeda, Mr. Watt, Mr. Reynolds, Mr.
Sawyer, Mr. Scott, Mr. Bonior, Mr. Richardson, Mr. Blackwell,
Mr. Towns, Mr. Conyers, Mr. Hastings, Mr. Thompson, Ms.
Norton, Mr. Cardin, Mr. Wheat, Mr. Hutto, Ms. Eddie Bernice
Johnson of Texas, Mr. Moran, Mrs. Meek of Florida, Mr.
Mineta, Mr. Ackerman, Mr. Dellums, Ms. Waters, Mr. Murphy,
Mr. Payne of New Jersey, Mr. de Lugo, Mr. Washington, Mr.
Linder, Mr. Montgomery, Mr. Miller of California, Mr. Frost,
Mr. Rowland, Mr. Macchus of Florida, Mr. Evans, Mr. Kildee,
Mr. Quinn, Ms. Slaughter, Mr. Engel, Mr. Johnson of Georgia,
Mr. Clyburn, Mr. Meehan, Mr. Deal, Mr. Filner, Mr. Kingston,
Mr. McDermott, Ms. DeLauro, Mr. Schumer, and Mr. Lantos.
H. Res. 529: Mr. Thorton.
H. Res. 545: Mr. Bliley, Mr. Hansen, Mr. Kingston, Mr.
Linder, Mr. Parker, Mr. Peterson of Minnesota, Mr. Emerson,
and Mr. Cox.
H. Res. 557: Mr. McDermott, Ms. Eddie Bernice Johnson of
Texas, Mr. Lipinski, Mr. Barrett of Wisconsin, Mr. Ackerman,
Mr. Bonior, Mr. Cooper, Mr. Flake, Mrs. Fowler, Ms.
Slaughter, Mr. Watt, Mr. Beilenson, and Ms. DeLauro.
H. Res. 569: Mr. Manzullo.
.
TUESDAY, NOVEMBER 29, 1994 (123)
The House was called to order by the SPEAKER.
Para. 123.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Friday, October 7, 1994.
Mr. McCANDLESS, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Mr. McCANDLESS objected to the vote on the ground that a quorum was
not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
223
When there appeared
<3-line {>
Nays
152
Para. 123.2 [Roll No. 506]
YEAS--223
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Applegate
Baesler
Barcia
Barlow
Barrett (WI)
Bateman
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Bonior
Borski
Boucher
Brewster
Browder
Brown (FL)
Cantwell
Cardin
Carr
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Combest
Conyers
Coppersmith
Costello
Cox
Coyne
Cramer
Darden
de la Garza
Deal
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
Eshoo
Evans
Everett
Farr
Fazio
Fields (LA)
Filner
Fish
Flake
Foglietta
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gillmor
Gilman
Gonzalez
Gordon
Green
Greenwood
Gutierrez
Hall (TX)
Hamburg
Hamilton
Harman
Hayes
Hilliard
Hinchey
Holden
Houghton
Hoyer
Hutto
Hyde
Inslee
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kasich
Kennedy
Kennelly
Kildee
Kleczka
Klink
Knollenberg
Kopetski
LaFalce
Lambert
LaRocco
Laughlin
Lehman
Levin
Lewis (CA)
Lewis (GA)
Lipinski
Livingston
Lowey
Maloney
Manton
Markey
Matsui
Mazzoli
McCurdy
McDermott
McHale
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Myers
Nadler
Neal (MA)
Obey
Olver
Ortiz
Orton
Owens
Packard
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
[[Page 2488]]
Peterson (MN)
Petri
Pickett
Pomeroy
Poshard
Quillen
Rahall
Rangel
Reed
Reynolds
Richardson
Rose
Rostenkowski
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sawyer
Schenk
Schumer
Scott
Serrano
Sharp
Shaw
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (NJ)
Spence
Spratt
Stenholm
Stokes
Studds
Stupak
Swift
Synar
Tanner
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Unsoeld
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Wheat
Whitten
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NAYS--152
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bentley
Bereuter
Bliley
Blute
Boehlert
Boehner
Bonilla
Brown (OH)
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Coble
Collins (GA)
Condit
Crane
Crapo
Cunningham
Danner
DeFazio
DeLay
Diaz-Balart
Dickey
Doolittle
Dreier
Duncan
Dunn
Ehlers
Emerson
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Franks (NJ)
Gallegly
Gekas
Gilchrest
Gingrich
Goodlatte
Goodling
Goss
Grandy
Gunderson
Hancock
Hansen
Hastert
Hastings
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Huffington
Hunter
Hutchinson
Istook
Jacobs
Johnson, Sam
Kim
King
Kingston
Klug
Kolbe
Kyl
Lazio
Leach
Levy
Lewis (FL)
Lewis (KY)
Lightfoot
Linder
Lucas
Machtley
Manzullo
McCandless
McCrery
McDade
McHugh
McInnis
McKeon
McKinney
Mica
Michel
Miller (FL)
Molinari
Moorhead
Morella
Murphy
Nussle
Oberstar
Oxley
Paxon
Pombo
Porter
Portman
Pryce (OH)
Ramstad
Ravenel
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Saxton
Schaefer
Schiff
Sensenbrenner
Shays
Shuster
Skeen
Smith (IA)
Smith (MI)
Smith (TX)
Snowe
Solomon
Stearns
Stump
Sundquist
Talent
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--57
Andrews (TX)
Bacchus (FL)
Barca
Bilirakis
Brooks
Brown (CA)
Bryant
Byrne
Collins (MI)
Cooper
Derrick
Dornan
English
Fingerhut
Ford (MI)
Ford (TN)
Glickman
Grams
Hall (OH)
Hefner
Hoagland
Hochbrueckner
Hughes
Inglis
Johnson (CT)
Johnson (GA)
Kaptur
Klein
Kreidler
Lancaster
Lantos
Lloyd
Long
Mann
Margolies-Mezvinsky
Martinez
McCloskey
McCollum
McMillan
Neal (NC)
Pickle
Price (NC)
Quinn
Ridge
Roemer
Sarpalius
Schroeder
Shepherd
Smith (OR)
Stark
Strickland
Swett
Taylor (MS)
Tucker
Valentine
Washington
Waxman
So the Journal was approved.
Para. 123.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3945. A letter from the Chairman, Farm Credit System
Insurance Corporation, transmitting its annual report,
pursuant to 12 U.S.C. 2277a-13; to the Committee on
Agriculture.
3946. A communication from the President of the United
States, transmitting a report of seven deferrals of budget
authority, totaling $3.5 billion, pursuant to 2 U.S.C. 684(a)
(H. Doc. No. 103-329); to the Committee on Appropriations and
ordered to be printed.
3947. A communication from the President of the United
States, transmitting his request to make available
appropriations totaling $1,000,000,000 in budget authority
for the Commodity Credit Corporation [CCC] in the Department
of Agriculture, and to designate these amounts as emergency
requirements pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, pursuant to 31 U.S.C. 1107 (H. Doc. No. 103-332); to
the Committee on Appropriations and ordered to be printed.
3948. A communication from the President of the United
States, transmitting his request for fiscal year 1995
supplemental appropriations for the Departments of the
Treasury and Defense, pursuant to 31 U.S.C. 1107 (H. Doc. No.
103-333); to the Committee on Appropriations and ordered to
be printed.
3949. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting his Determination
and Memorandum of Justification regarding the restoration of
democracy in Haiti; to the Committee on Appropriations.
3950. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a copy of
Presidential Determination No. 95-2: Determination Pursuant
to section 523 of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1995 (Public Law
103-306); to the Committee on Appropriations.
3951. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the allocation of
funds for foreign military financing, international military
education and training, peacekeeping operations, and the
economic support fund, pursuant to Public Law 103-306; to the
Committee on Appropriations.
3952. A letter from the Director, Office of Management and
Budget, transmitting a report providing the allocation by
agency and account of procurement-related budgetary resources
that will be permanently canceled on November 30, 1994, as a
part of the effort to reinvent Federal procurement, pursuant
to Public Law 103-329, section 644(a); to the Committee on
Appropriations
3953. A letter from the Director, the Office of Management
and Budget, transmitting the cumulative report on rescissions
and deferrals of budget authority as of November 1, 1994,
pursuant to 2 U.S.C. 685(e) (H. Doc. No. 103-334); to the
Committee on Appropriations and ordered to be printed.
3954. A letter from the Under Secretary of Defense,
transmitting a report of a violation of the Anti-Deficiency
Act which occurred in the Department of the Navy, pursuant to
31 U.S.C. 1517(b); to the Committee on Appropriations.
3955. A letter from the Under Secretary of Defense,
transmitting selected acquisition reports [SARS] for the
quarter ending September 30, 1994, pursuant to 10 U.S.C.
2432; to the Committee on Armed Services.
3956. A letter from the Administrator, National Aeronautics
and Space Administration, transmitting notification that it
is in the public interest to use procedures other than full
and open competition to award a contract to McDonnell Douglas
Corp. for the lease of the Clear Lake Development Facility in
Houston, TX, and the construction of the Neutral Buoyancy
Laboratory, pursuant to 10 U.S.C. 2304(c)(7); to the
Committee on Armed Forces.
3957. A letter from the Under Secretary of Defense,
transmitting the Department's study on the differences
between U.S. and foreign space launch vehicles, pursuant to
section 213(e) of the National Defense Authorization Act for
fiscal year 1994; to the Committee on Armed Services.
3958. A letter from the Under Secretary of Defense for
Acquisition and Technology, transmitting a report describing
the plan for obligating the funds authorized for intertheater
airlift programs, pursuant to Public Law 103-337, section
131; to the Committee on Armed Services.
3959. A letter from the Secretary of Housing and Urban
Development, transmitting the report on elderly families,
families with children, and disabled families served by
Federal housing programs, pursuant to Public Law 102-550,
section 661 (106 Stat. 3825); to the Committee on Banking,
Finance and Urban Affairs.
3960. A letter from the Acting Chief Executive Officer,
Resolution Trust Corporation, Executive Director, Thrift
Depositor Protection Oversight Board, transmitting a report
on the activities and efforts of the RTC, the FDIC, and the
Thrift Depositor Protection Oversight Board for the 6-month
period ending September 30, 1994, pursuant to Public Law 101-
73, section 501(a) (103 Stat. 387); to the Committee on
Banking, Finance and Urban Affairs.
3961. A letter from the President, Export-Import Bank of
the United States, transmitting notification of Board of
Directors approval of four guarantees to support the sale of
aircraft by the Boeing Co., pursuant to 12 U.S.C.
635(b)(1)(A); to the Committee on Banking, Finance and Urban
Affairs.
3962. A letter from the Chairman, Federal Deposit Insurance
Corporation, transmitting the semiannual report on the
activities and efforts related to use of the private sector,
pursuant to 12 U.S.C. 1827; to the Committee on Banking,
Finance and Urban Affairs.
3963. A letter from the Acting Chief Executive Officer,
Resolution Trust Corporation, transmitting the Corporation's
semiannual comprehensive litigation report, pursuant to
Public Law 103-204, section 3(a) (107 Stat. 2374); to the
Committee on Banking, Finance and Urban Affairs.
3964. A letter from the Deputy and Acting CEO, Resolution
Trust Corporation, transmitting the Corporation's 1994
semiannual progress report (covering the period January 1 to
June 30, 1994) on professional conduct investigations
pursuant to the provisions of section 2540 of the Crime
Control Act of 1990, pursuant to Public Law 101-647, section
2540 (104 Stat. 4885); to the Committee on Banking, Finance
and Urban Affairs.
3965. A letter from the Deputy and Acting CEO, Resolution
Trust Corporation, transmitting the semiannual report on the
Affordable Housing Disposition Program which covers the
reporting period defined as January 1, 1994, through June 30,
1994, pursuant to Public Law 102-233, section 616 (105 Stat.
1787); to the Committee on Banking, Finance and Urban
Affairs.
3966. A letter from the Executive Director, Thrift
Depositor Protection Oversight Board; transmitting the
Board's report pursuant to section 21A(k)(9) of the Federal
Home Loan Bank Act, as added by section 102(a)(3) of the
Resolution Trust Corporation Funding Act of 1991; to the
Committee on Banking, Finance and Urban Affairs.
3967. A letter from the Chairman, Council of the District
of Columbia, transmitting a
[[Page 2489]]
copy of D.C. Act 10-332, ``Youth Initiatives Act of 1994,''
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on the District of Columbia.
3968. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-338, ``Clean
Fuel Fleet Vehicle Program and Alternative Fuels Incentives
Amendment Act of 1994,'' pursuant to D.C. Code, section 1-
233(c)(1); to the Committee on the District of Columbia.
3969. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-337,
``Closing of a Public Alley in Square 2837, S.O. 92-195, Act
of 1994,'' pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on the District of Columbia.
3970. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-333,
``District of Columbia Board of Education Sale, Renovation,
Lease-back, and Repurchase of Franklin School Temporary
Amendment Act of 1994,'' pursuant to D.C. Code, section 1-
233(c)(1); to the Committee on the District of Columbia.
3971. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-331, ``Child
Support Enforcement Temporary Amendment Act of 1994,''
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on the District of Columbia.
3972. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-336, ``Early
Intervention Services Sliding Fee Scale Establishment
Temporary Act of 1994,'' pursuant to D.C. Code, section 1-
233(c)(1); to the Committee on the District of Columbia.
3973. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-334,
``Dedication and Designation of Woodcrest Drive, S.E., S.O.
92-124, Act of 1994,'' pursuant to D.C. Code, section 1-
233(c)(1); to the Committee on the District of Columbia.
3974. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 10-335, ``Day
Care Policy Temporary Amendment Act of 1994,'' pursuant to
D.C. Code, section 1-233(c)(1); to the Committee on the
District of Columbia.
3975. A letter from the Auditor, District of Columbia,
transmitting a copy of a report entitled ``Program Review of
the Economic Development Finance Corporation For Fiscal Years
1989 Through 1993,'' pursuant to D.C. Code, section 47-
117(d); to the Committee on the District of Columbia.
3976. A letter from the Auditor, District of Columbia,
transmitting a copy of a report entitled ``D.C. Auditor
Testimony on the Government Managers Accountability Act of
1994--Bill 10-705,'' pursuant to D.C. Code, section 47-
117(d); to the Committee on the District of Columbia.
3977. A letter from the Auditor, District of Columbia,
transmitting a copy of a report entitled ``Review of the
Alcohol and Drug Abuse Services Administration's Spending and
Contractural Administrative Practices,'' pursuant to D.C.
Code, section 47-117(d); to the Committee on the District of
Columbia.
3978. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of the D.C. Act 10-448,
``Transfer of Jurisdiction over a Portion of Square 1183,
S.O. 93-81,'' pursuant to D.C. Code, section 1-233(c)(1); to
the Committee on the District of Columbia.
3979. A letter from the Secretary of Education,
transmitting final priorities--Early Educational Program for
Children with Disabilities; technology, educational media,
and materials for Individuals with Disabilities Program; and
Program for Children and Youth with Serious Emotional
Disturbance, pursuant to 20 U.S.C. 1232(d)(1); to the
Committee on Education and Labor.
3980. A letter from the Secretary of Education,
transmitting final regulations--training of interpreters for
individuals who are deaf and individuals who are deaf-blind,
pursuant to 20 U.S.C. 1232(d)(1); to the Committee on
Education and Labor.
3981. A letter from the Secretary of Education,
transmitting final regulations--Federally Family Education
Loan Program, pursuant to 20 U.S.C. 1232(d)91); to the
Committee on Education and Labor.
3982. A letter from the Secretary of Education,
transmitting final regulations--student assistance general
provisions--verification, pursuant to 20 U.S.C. 1232(d)91);
to the Committee on Education and Labor.
3983. A letter from the Secretary of Education,
transmitting final regulations--student assistance general
provisions, pursuant to 20 U.S.C. 1232(d)91); to the
Committee on Education and Labor.
3984. A letter from the Secretary of Education,
transmitting a copy of final priorities--Educational Media
Research, Production, Distribution, and Training Program,
pursuant to 20 U.S.C. 1232(d)(1); to the Committee on
Education and Labor.
3985. A letter from the Secretary of Education,
transmitting a copy of final priorities--empowerment zones or
enterprise communitie4s, pursuant to 20 U.S.C. 1232(d)(1); to
the Committee on Education and Labor.
3986. A letter from the Secretary of Education,
transmitting final priorities--Research in Education of
Individuals with Disabilities Program, pursuant to 20 U.S.C.
1232(d)(1); to the Committee on Education and Labor.
3987. A letter from the Secretary of Education,
transmitting final priorities--rehabilitation engineering
research centers, pursuant to 20 U.S.C. 1232(d)(1); to the
Committee on Education and Labor.
3988. A letter from the Secretary of Education,
transmitting final priorities--knowledge dissemination and
utilization, pursuant to 20 U.S.C. 1232(d)(1); to the
Committee on Education and Labor.
3989. A letter from the Secretary of Education,
transmitting final regulations--Federal Pell Grant Program;
Presidential Access Scholarship Program, pursuant to 20
U.S.C. 1232(d)(1); to the Committee on Education and Labor.
3990. A letter from the Secretary of Education,
transmitting final regulations--Federal Family Education Loan
Program, pursuant to 20 U.S.C. 1232(d)(1); to the Committee
on Education and Labor.
3991. A letter from the Secretary of Education,
transmitting final regulations--Federal Family Education Loan
Program, pursuant to 20 U.S.C. 1232(d)(1); to the Committee
on Education and Labor.
3992. A letter from the Secretary of Education,
transmitting final regulations--student assistance general
provisions regulations--cash management, pursuant to 20
U.S.C. 1232(d)(1); to the Committee on Education and Labor.
3993. A letter from the Chairman, National Council on
Disability, transmitting the Council's interm report for
fiscal years 1993 and 1994 entitled, ``National Disability
Policy: A Progress Report'', pursuant to 29 U.S.C. 781(a)(8);
to the Committee on Education and Labor.
3994. A letter from the Secretary of Education,
transmitting the biennial report on Title III HEA
Strengthening Institutions Program and the waivers approval
list of schools with significant minority enrollment; to the
Committee on Education and Labor.
3995. A letter from the Secretary of Health and Human
Services, transmitting the first annual report on the child
care and development block grant; to the Committee on
Education and Labor.
3996. A letter from the Secretary of Health and Human
Services, transmitting a report on two studies concerned with
targeting Federal funds for older Americans, pursuant to
Public Law 89-73, section 202(a)(27); to the Committee on
Education and Labor.
3997. A letter from the Secretary of Labor, transmitting
copies of the 1992 and 1993 reports of the Department's
advisory council for employee welfare and pension benefit
plans; to the Committee on Education and Labor.
3998. A letter from the Acting Inspector General,
Department of the Interior, transmitting the report for
fiscal years 1992 and 1993 for reimbursable expenditures of
EPA Superfund money, Bureau of Mines, pursuant to 31 U.S.C.
7501 note; to the Committee on Energy and Commerce.
3999. A letter from the Acting Inspector General,
Department of the Interior, transmitting the fiscal year 1993
EPA Superfund money, Bureau of Reclamation report, pursuant
to 31 U.S.C. 7501 note; to the Committee on Energy and
Commerce.
4000. A letter from the Inspector General, Department of
Defense, transmitting the fiscal year 1993 report of
Superfund financial transactions, pursuant to 31 U.S.C. 7501
note; to the Committee on Energy and Commerce.
4001. A letter from the Secretary, Department of Health and
Human Services, transmitting the seventh report on
administrative and legislative actions to improve services
for individuals with Alzheimer's disease, pursuant to 42
U.S.C. 679; to the Committee on Energy and Commerce.
4002. A letter from the Administrator, Environmental
Protection Agency, transmitting the Agency's report entitled,
``Production, Use and Consumption of Class I and Class II
Ozone-Depleting Substances,'' pursuant to Public Law 101-549,
section 602(a) (104 Stat. 2654); to the Committee on Energy
and Commerce.
4003. A letter from the Secretary, Federal Trade
Commission, transmitting the Commission's most recent report
on the tar, nicotine, and carbon monoxide content of the
smoke of domestic cigarettes; to the Committee on Energy and
Commerce.
4004. A letter from the Administrator, NASA, transmitting
the administration's report on mixed waste streams, pursuant
to 42 U.S.C. 6965; to the Committee on Energy and Commerce.
4005. A communication from the President of the United
States, transmitting the National Telecommunications and
Information Administration report on spectrum reallocation,
pursuant to title VI of the Omnibus Budget Reconciliation Act
of 1993; to the Committee on Energy and Commerce.
4006. A letter from the Secretary of Energy, transmitting
the Department's quarterly report on the status of Exxon and
stripper well oil overcharge funds as of June 30, 1994; to
the Committee on Energy and Commerce.
4007. A letter from the Secretary of Energy, transmitting
the Energy Information Administration report entitled,
``Emissions of Greenhouse Gases in the United States, 1987-
1992'', the second in a series of annual reports, pursuant to
section 1605(a) of the Energy Policy Act of 1992; to the
Committee on Energy and Commerce.
4008. A letter from the Secretary of Health and Human
Services, transmitting a report on the user fee feasibility
study as prepared by the Food and Drug Administration,
pursuant to Public Law 102-571, section 108(a); to the
Committee on Energy and Commerce.
4009. A letter from the Director, Defense Security
Assistance Agency, transmitting the Department of the Army's
proposed lease of defense articles to the United Nations for
use in Somalia (Transmittal No. 04-95), pursuant to 22 U.S.C.
2796a(a); to the Committee on Foreign Affairs.
[[Page 2490]]
4010. A letter from the Director, Defense Security
Assistance Agency, transmitting the Department of the Army's
proposed lease of defense articles to the United Nations for
use in Somalia (Transmittal No. 02-95), pursuant to 22 U.S.C.
2796a(a); to the Committee on Foreign Affairs.
4011. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification concerning a
collaborative logistic support arrangement with Germany
(Transmittal No. 10-94), pursuant to 22 U.S.C. 2767(f); to
the Committee on Foreign Affairs.
4012. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting the Department of the Air
Force's proposed lease of defense articles to Somalia
(Transmittal No. 07-95), pursuant to 22 U.S.C. 2796a(a); to
the Committee on Foreign Affairs.
4013. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting the Department of the Air
Force's proposed lease of defense articles to Somalia
(Transmittal No. 06-95), pursuant to 22 U.S.C. 2796a(a); to
the Committee on Foreign Affairs.
4014. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Army's proposed Letter(s) of Offer and
Acceptance (LOA) to Egypt for defense articles and services
(Transmittal No. 95-07), pursuant to 22 U.S.C. 2776(b); to
the Committee on Foreign Affairs.
4015. A letter from the Director, Defense Security
Assistance Agency, transmitting the quarterly reports in
accordance with sections 36(a) and 26(b) of the Arms Export
Control Act, the March 24, 1979 report by the Committee on
Foreign Affairs, and the seventh report by the Committee on
Government Operations for the fourth quarter of fiscal year
1994, July 1, 1994 through September 30, 1994, pursuant to 22
U.S.C. 2776(a); to the Committee on Foreign Affairs.
4016. A letter from the Director, Defense Security
Assistance Agency, transmitting a copy of Transmittal No. 12-
94, concerning the design, development, and testing of a
closed-loop degaussing system for mine countermeasures ships,
pursuant to 22 U.S.C. 2767(f); to the Committee on Foreign
Affairs.
4017. A letter from the Deputy Director, Defense Security
Assistance Agency, transmitting a copy of Transmittal No. 11-
94, concerning a project for system definition of a future
air defense artillery interoperability program, pursuant to
22 U.S.C. 2767(f); to the Committee on Foreign Affairs.
4018. A letter from the Director, Defense Security
Assistance Agency, transmitting the Department of the Army's
proposed lease of defense articles to the United Nations for
use in Somalia (Transmittal No. 05-95), pursuant to 22 U.S.C.
2796a(a); to the Committee on Foreign Affairs.
4019. A letter from the Director, Defense Security
Assistant Agency, transmitting the Department of the Army's
proposed lease of defense articles to the United Nations for
use in Somalia (Transmittal No. 03-95), pursuant to 22 U.S.C.
2796a(a); to the Committee on Foreign Affairs.
4020. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed technical assistance agreement for an export license
of major defense equipment and services sold commercially to
the United Kingdom (Transmittal No. MC-35-94), pursuant to 22
U.S.C. 2776(c); to the Committee on Foreign Affairs.
4021. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed license for the export of major defense equipment
and services sold commercially to South Korea (Transmittal
No. DTC-36-94), pursuant to 22 U.S.C. 2776(c); to the
Committee on Foreign Affairs.
4022. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a copy of
Presidential determination No. 94-56, authorizing the
furnishing of assistance from the emergency refugee and
migration assistance fund to meet the urgent needs of
refugees in Rwanda and Burundi, pursuant to 22 U.S.C.
2601(c)(3); to the Committee on Foreign Affairs.
4023. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the Department's
report on nuclear nonproliferation policy in south Asia,
pursuant to 22 U.S.C. 2376(c); to the Committee on Foreign
Affairs.
4024. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the Secretary's
determination and certificaiton regarding Government actions
to terminate chemical weapons proliferation activities of
foreign persons, pursuant to 50 U.S.C. app. 2410c(b)(2); to
the Committee on Foreign Affairs.
4025. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a memorandum of
justification for Presidential determination on drawdown of
Department of Treasury commodities and services to support
Sebria-Montenegro sanctions program enforcement efforts,
pursuant to 22 U.S.C. 2348a; to the Committee on Foreign
Affairs.
4026. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed license for the export of major defense equipment
and services sold commercially to the United Kingdom
(Transmittal No. DTC-39-94), pursuant to 22 U.S.C. 2776(c);
to the Committee on Foreign Affairs.
4027. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a copy of
Presidential Determination No. 95-5: Drawdown of Commodities
and Services from the Inventory and Resources of the
Department of the Treasury to Support Sanction Enforcement
Efforts Against Serbia and Montenegro, pursuant to 22 U.S.C.
2348a; to the Committee on Foreign Affairs.
4028. A letter from the Director, Defense Security
Assistance Agency, transmitting the price and availability
report for the quarter ending September 30, 1994, pursuant to
22 U.S.C. 2768; to the Committee on Foreign Affairs.
4029. A communication from the President of the United
States, transmitting the bimonthly report on progress toward
a negotiated solution of the Cyprus problem, including any
relevant reports from the Secretary General of the United
Nations, pursuant to 22 U.S.C. 2373(c); to the Committee on
Foreign Affairs.
4030. A communication from the President of the United
States, transmitting his declaration of a national emergency
with regards to the proliferation of weapons of mass
destruction, pursuant to 50 U.S.C. 1703(b) (H. Doc. No. 103-
326); to the Committee on Foreign Affairs and ordered to be
printed.
4031. A communication from the President of the United
States, transmitting his termination of the national
emergency with respect to Haiti, pursuant to 50 U.S.C.
1622(a) (H. Doc. No. 103-327); to the Committee on Foreign
Affairs and ordered to be printed.
4032. A communication from the President of the United
States, transmitting notification to expand the scope of the
national emergency declared in Executive Order No. 12808 with
respect to the blocking of property and additional measures
with the Bosnian Serb-controlled areas of the Republic of
Bosnia and Herzegovina, pursuant to 50 U.S.C. 1621(a) (H.
Doc. No. 103-328); to the Committee on Foreign Affairs and
ordered to be printed.
4033. A communication from the President of the United
States, transmitting a report on the status of efforts to
obtain Iraq's compliance with the resolutions adopted by the
U.N. Security Council, pursuant to Public Law 102-1, Section
3 (105 Stat. 4) (H. Doc. No. 103-330); to the Committee on
Foreign Affairs and ordered to be printed.
4034. A communication from the President of the United
States, transmitting notification that the Iran emergency is
to continue to effect beyond November 14, 1994, pursuant to
50 U.S.C. 1622(d) (H. Doc. No. 103-331); to the Committee on
Foreign Affairs and ordered to be printed.
4035. A communication from the President of the United
States, transmitting a report on developments since his last
report of May 14, 1994, concerning the national emergency
with respect to Iran, pursuant to 50 U.S.C. 1703(c) (H. Doc.
No. 103-335); to the Committee on Foreign Affairs and ordered
to be printed.
4036. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on Foreign Affairs.
4037. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on Foreign Affairs.
4038. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on Foreign Affairs.
4039. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of
his determination that Israel is not being denied its right
to participate in the activities of the International Atomic
Energy Agency, pursuant to Public Law 99-88, chapter V (99
Stat. 323); Public Law 100-461, title I (102 Stat. 2268-3);
to the Committee on Foreign Affairs.
4040. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on Foreign Affairs.
4041. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a report on the
status of the Department's initiatives to acquire the
services of experienced and talented women and minority
personnel in the Foreign Service, pursuant to Public Law 103-
236, section 178; to the Committee on Foreign Affairs.
4042. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a report about the
state of United States relations with those recognized by
Congress as the true representatives of the Tibetan people,
the Dalai Lama, and the Tibetan Government in exile, and on
conditions in Tibet, pursuant to Public Law 103-236, section
536(a)(2); to the Committee on Foreign Affairs.
4043. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a report on
Russian military operations in the Independent States of the
former Soviet Union, pursuant to Public Law 103-236, section
528; to the Committee on Foreign Affairs.
4044. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting copies of
documents creating the framework for resolution of the North
Korean nuclear problem; to the Committee on Foreign Affairs.
4045. A letter from the Assistant Secretary of Legislative
Affairs, Department of State,
[[Page 2491]]
transmitting certification and justification of waivers of
the prohibition against contracting with firms that comply
with the Arab League boycott of the State of Israel and of
the prohibition against contracting with firms that
discriminate in the award of contracts of the basis of
religion, pursuant to Public Law 103-236, section 565; to the
Committee on Foreign Affairs.
4046. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a report on United
States Agreements and Commitments in connection with efforts
in Haiti, pursuant to Public Law 103-423, section 5; to the
Committee on Foreign Affairs.
4047. A letter from the Assistant Secretary of Legislative
Affairs, Department of State, transmitting a report on the
designation of a senior advisor on women's human rights
issues, pursuant to Public Law 103-236, section 142(b); to
the Committee on Foreign Affairs.
4048. A communication from the President of the United
States, transmitting the first monthly report on the
situation in Haiti, pursuant to Public Law 103-423, sections
2 and 3; to the Committee on Foreign Affairs.
4049. A communication from the President of the United
States, transmitting a copy of the report on Russia's
demonstration of a commitment to comply with the 1972
Biological and Toxin Weapons Convention, the 1993 Chemical
Weapons Convention, and the 1989 Wyoming Memorandum of
Understanding on Chemical Weapons; to the Committee on
Foreign Affairs.
4050. A communication from the President of the United
States, transmitting developments since his last report on
August 22, 1994, on our support for the United Nations and
North Atlantic Treaty Organization's [NATO] efforts to
achieve peace and security in Bosnia and Herzegovina (H. Doc.
No. 103-336); to the Committee on Foreign Affairs and ordered
to be printed.
4051. A letter from the Director, United States Information
Agency, transmitting a report on strategies to increase
Bureau of Education and Cultural Affairs programming for and
about the disabled, pursuant to Public Law 103-236, section
242(b); to the Committee on Foreign Affairs.
4052. A letter from the Director, Office of Management and
Budget, transmitting OMB estimate of the amount of change in
outlays or receipts, as the case may be, in each fiscal year
through fiscal year 1999 resulting from passage of H.R. 4278,
H.R. 4924, H.R. 5116, S. 528, and S. 2500, pursuant to Public
Law 101-508, section 13101(a) (104 Stat. 1388-582); to the
Committee on Government Operations.
4053. A letter from the Director, Office of Management and
Budget, transmitting OMB estimate of the amount of change in
outlays or receipts, as the case may be, in each fiscal year
through fiscal year 1999 resulting from passage of H.R. 4709,
H.R. 4757, H.R. 4781, H.R. 4867, H.R. 5102, H.R. 5161, H.R.
5200, H.R. 5244, S. 1614, H.R. 1348, H.R. 3050, H.R. 3059,
and H.R. 4497, pursuant to Public Law 101-508, section
13101(a) (104 Stat. 1388-582); to the Committee on Government
Operations.
4054. A letter from the Director, Office of Management and
Budget, transmitting OMB estimate of the amount of change in
outlays or receipts, as the case may be, in each fiscal year
through fiscal year 1999 resulting from passage of H.R. 4308,
H.R. 5155, and H.R. 6, pursuant to Public Law 101-508,
section 13101(a) (104 Stat. 1388-582); to the Committee on
Government Operations.
4055. A letter from the Acting Director, Office of
Management and Budget, transmitting OMB estimate of the
amount of change in outlays or receipts, as the case may be,
in each fiscal year through fiscal year 1999 resulting from
passage of H.R. 4190 and S. 2182, pursuant to Public Law 101-
508, section 13101(a) (104 Stat. 1388-582); to the Committee
on Government Operations.
4056. A letter from the Director, Office of Management and
Budget, transmitting OMB estimate of the amount of change in
outlays or receipts, as the case may be, in each fiscal year
through fiscal year 1999 resulting from passage of S. 2406
and H.R. 810, pursuant to Public Law 101-508, section
13101(a) (104 Stat. 1388-582); to the Committee on Government
Operations.
4057. A letter from the Director, Office of Management and
Budget, transmitting OMB estimate of the amount of change in
outlays or receipts, as the case may be, in each fiscal year
through fiscal year 1999 resulting from passage of H.R. 995,
H.R. 4217, S. 1587, H.R. 4299, and S. 1233, pursuant to
Public Law 101-508, section 13101(a) (104 Stat. 1388-582); to
the Committee on Government Operations.
4058. A letter from the Director, Office of Management and
Budget, transmitting OMB estimate of the amount of change in
outlays or receipts, as the case may be, in each fiscal year
through fiscal year 1999 resulting from passage of H.R. 2144,
H.R. 3679, and S. 1406, pursuant to Public Law 101-508,
section 13101(a) (104 Stat. 1388-582); to the Committee on
Government Operations.
4059. A letter from the Director, Office of Management and
Budget, transmitting OMB estimate of the amount of change in
outlays or receipts, as the case may be, in each fiscal year
through fiscal year 1999 resulting from passage of S. 2170,
H.R. 5084, H.R. 5252, S. 21, and S. 1146, pursuant to Public
Law 101-508, section 13101(a) (104 Stat. 1388-582); to the
Committee on Government Operations.
4060. A letter from the Director, Office of Management and
Budget, transmitting OMB estimate of the amount of change in
outlays or receipts, as the case may be, in each fiscal year
through fiscal year 1999 resulting from passage of H.R. 512,
H.R. 4833, H.R. 4922, H.R. 5034, H.R. 783, S. 784, S. 1927,
S. 2407, and H.R. 808, pursuant to Public Law 101-508,
section 13101(a) (104 Stat. 1388-582); to the Committee on
Government Operations.
4061. A letter from the Comptroller General, General
Accounting Office, transmitting the list of all reports
issued or released in September 1994, pursuant to 31 U.S.C.
719(h); to the Committee on Government Operations.
4062. A letter from the Comptroller General, General
Accounting Office, transmitting the list of all reports
issued or released in October 1994, pursuant to 31 U.S.C.
719(h); to the Committee on Government Operations.
4063. A letter from the Secretary, American Battle
Monuments Commission, transmitting the 1994 annual report in
compliance with the Inspector General Act amendments of 1988,
pursuant to Public Law 95-452, section 5(b) (102 Stat. 2526);
to the Committee on Government Operations.
4064. A letter from the Chairman, Consumer Product Safety
Commission, transmitting the semiannual report on activities
of the inspector general for the period April 1, 1994,
through September 30, 1994, pursuant to Public Law 95-452,
section 5(b) (102 Stat. 2526); to the Committee on Government
Operations.
4065. A letter from the Chairman, Defense Nuclear
Facilities Safety Board, transmitting the 1994 annual report
in compliance with the Inspector General Act amendments of
1988, pursuant to Public Law 95-452, section 5(b) (102 Stat.
2526); to the Committee on Government Operations.
4066. A letter from the United States Commissioner,
Delaware River Basin Commission, transmitting the annual
report under the Federal Managers' Financial Integrity Act
for fiscal year 1994, pursuant to 31 U.S.C. 3512(c)(3); to
the Committee on Government Operations.
4067. A letter from the Director, Commissioned Personnel,
Department of Health and
Human Services, transmitting the annual report of the
retirement plan for the Public Service Commissioned Corps,
pursuant to 31 U.S.C. 9503(a)(1)(B); to the Committee on
Government Operations.
4068. A letter from the Administrator, Environmental
Protection Agency, transmitting the Agency's annual report on
the Program Fraud Civil Remedies Act for fiscal year 1994,
pursuant to 31 U.S.C. 3810; to the Committee on Government
Operations.
4069. A letter from the Chief Financial Officer, Export-
Import Bank of the United States, transmitting the 1993
annual report in compliance with the Inspector General Act
amendments of 1988, pursuant to Public Law 95-452, section
5(b) (102 Stat. 2526); to the Committee on Government
Operations.
4070. A letter from the Chairman, Farm Credit System
Insurance Corporation, transmitting the 1994 annual report in
compliance with the Inspector General Act amendments of 1988,
pursuant to Public Law 95-452, section 5(b) (102 Stat. 2526);
to the Committee on Government Operations.
4071. A letter from the Chairman, Federal Maritime
Commission, transmitting the semiannual report on activities
of the inspector general for the period April 1, 1994,
through September 30, 1994, pursuant to Public Law 95-452,
section 5(b) (102 Stat. 2526); to the Committee on Government
Operations.
4072. A letter from the Director, Federal Mediation and
Conciliation Service, transmitting the 1994 annual report in
compliance with the Inspector General Act amendments of 1988,
pursuant to Public Law 95-452, section 5(b) (102 Stat. 2526);
to the Committee on Government Operations.
4073. A letter from the Chairman, Federal Mine Safety and
Health Review Commission, transmitting the 1994 annual report
in compliance with the Inspector General Act amendments of
1988, pursuant to Public Law 95-452, section 5(b) (102 Stat.
2526); to the Committee on Government Operations.
4074. A letter from the Chairman, Federal Reserve System,
transmitting the semiannual report on the activities of the
Inspector General for the period September 30, 1994, pursuant
to Public Law 95-452, section 5(b) (102 Stat. 2526); to the
Committee on Government Operations.
4075. A letter from the Executive Director, Federal
Retirement Thrift Investment Board, transmitting the 1994
annual report in compliance with the Inspector General Act
amendments of 1988, pursuant to Public Law 95-452, section
5(b) (102 Stat. 2526); to the Committee on Government
Operations.
4076. A letter from the Commissioner, Federal Supply
Service, General Services Administration, transmitting a
report on the utilization and donation of Federal personnel
property for fiscal years 1991 and 1992, pursuant to 40
U.S.C. 484(o)(2); to the Committee on Government Operations.
4077. A letter from the Chairperson, National Commission on
Libraries and Information Science, transmitting the 1994
annual report in compliance with the Inspector General Act
amendments of 1988, pursuant to Public Law 95-452, section
5(b) (102 Stat. 2526); to the Committee on Government
Operations.
4078. A letter from the Acting Director, Office of
Management and Budget, transmitting OMB's estimate of the
amount of discretionary new budget authority and outlays for
the current year--if any--and the budget year provided by
H.R. 4624, H.R. 4539, H.R. 4554, H.R. 4556, H.R. 4602, H.R.
4606, H.R. 4649, and H.R. 4650, pursuant to Public Law 101-
508, section 13101(a) (104 Stat. 1388-578); to the Committee
on Government Operations.
4079. A letter from the Deputy Executive Director, Office
of Navajo and Hopi Indian Relocation, transmitting the 1994
annual report in compliance with the Inspector Gen-
[[Page 2492]]
eral Act amendments of 1988, pursuant to Public Law 95-452,
section 5(b) (102 Stat. 2526); to the Committee on Government
Operations.
4080. A letter from the President, Overseas Private
Investment Corporation, transmitting the 1994 annual report
in compliance with the Inspector General Act amendments of
1988, pursuant to Public Law 95-452, section 5(b) (102 Stat.
2526); to the Committee on Government Operations.
4081. A letter from the Chairman, Panama Canal Commission,
transmitting the semiannual report on activities of the
inspector general for the period April 1, 1994, through
September 30, 1994, pursuant to Public Law 95-452, section
5(b) (102 Stat. 2526); to the Committee on Government
Operations.
4082. A letter from the Chairman, Postal Rate Commission,
transmitting the 1994 annual report in compliance with the
Inspector General Act amendments of 1988, pursuant to Public
Law 95-452, section 5(b) (102 Stat. 2526); to the Committee
on Government Operations.
4083. A letter from the Chairman, Railroad Retirement
Board, transmitting the Board's annual report on the Program
Fraud Civil Remedies Act for fiscal year 1994, pursuant to 31
U.S.C. 3810; to the Committee on Government Operations.
4084. A letter from the Secretary of Energy, transmitting
the semiannual report on activities of the inspector general
for the period April 1, 1994, through September 30, 1994,
pursuant to Public Law 95-452, section 5(b) (102 Stat. 2526);
to the Committee on Government Operations.
4085. A letter from the Secretary of Labor, transmitting
the semiannual report on activities of the inspector general
for the period April 1, 1994, through September 30, 1994 and
the Secretary's management report for the same period,
pursuant to Public Law 95-452, section 5(b) (102 Stat. 2526);
to the Committee on Government Operations.
4086. A letter from the Secretary of Transportation,
transmitting the Department's report on the valuation of the
U.S. Coast Guard Military Retirement System for fiscal year
1993, pursuant to 31 U.S.C. 9503(a)(1)(B); to the Committee
on Government Operations.
4087. A letter from the Inspector General, the National
Endowment for the Arts, transmitting a copy of the report on
the Agency's use and management of consulting services; to
the Committee on Government Operations.
4088. A letter from the President and CEO, United States
Enrichment Corporation, transmitting the annual report on the
activities of the inspector general for the period July 1,
1993, through October 31, 1994, pursuant to Public Law 95-
452, section 5(b) (102 Stat. 2526); to the Committee on
Government Operations.
4089. A letter from the Chief Judge, United States Tax
Court, transmitting the actuarial report of the U.S. tax
court judges' retirement and survivor annuity plans for the
year ending December 31, 1991, pursuant to 31 U.S.C.
9503(a)(1)(B); to the Committee on Government Operations.
4090. A letter from the Director, Woodrow Wilson Center,
transmitting the 1994 annual report in compliance with the
Inspector General Act amendments of 1988, pursuant to Public
Law 95-452, section 5(b) (102 Stat. 2526); to the Committee
on Government Operations.
4091. A letter from the Clerk, U.S. House of
Representatives, transmitting the quarterly report of
receipts and expenditures of appropriations and other funds
for the period July 1, 1994, through September 30, 1994
pursuant to 2 U.S.C. 104a (H. Doc. No. 103-337); to the
Committee on House Administration and ordered to be printed.
4092. A letter from the Assistant Secretary of the Interior
for Indian Affairs, transmitting a proposed plan for the use
of the Mission Indian's judgment funds in Docket 80-A-2,
before the U.S. Court of Federal Claims, pursuant to 25
U.S.C. 1402(a), 1404; to the Committee on Natural Resources.
4093. A letter from the Deputy Associate Director for
Compliance, Department of the Interior, transmitting
notification of proposed refunds of excess royalty payments
in OCS areas, pursuant to 43 U.S.C. 1339(b); to the Committee
on Natural Resources.
4094. A letter from the Deputy Associate Director for
Compliance, Department of the Interior, transmitting
notification of proposed refunds of excess royalty payments
in OCS areas, pursuant to 43 U.S.C. 1339(b); to the Committee
on Natural Resources.
4095. A letter from the Assistant Secretary for Water and
Science, Department of the Interior, transmitting the
Department's findings and progress respecting the design,
construction, and operation of the demonstration projects in
phase I and the study in phase II of the groundwater recharge
of aquifers in the High Plains States, pursuant to 43 U.S.C.
390g-2 (c)(1); to the Committee on Natural Resources.
4096. A letter from the Secretary of the Interior,
transmitting the Federal coal management report, fiscal year
1993, pursuant to 30 U.S.C. 208-2; to the Committee on
Natural Resources.
4097. A letter from the Secretary of Health and Human
Services, transmitting the 27th in a series of reports on
refugee resettlement in the United States covering the period
October 1, 1992, through September 30, 1993, pursuant to 8
U.S.C. 1523(a); to the Committee on the Judiciary.
4098. A letter from the National Commander, American Ex-
Prisoners of War, transmitting a copy of the 1994 audit
report and financial statement as of August 31, 1994,
pursuant to 36 U.S.C. 1101(57), 1103; to the Committee on the
Judiciary.
4099. A letter from the Assistant Attorney General of the
United States, transmitting a copy of the Bureau of Justice
Assistance fiscal year 1993 annual report to Congress,
pursuant to 42 U.S.C. 3789e; to the Committee on the
Judiciary.
4100. A letter from the General Counsel, Department of
Commerce, transmitting a draft of proposed legislation to
amend chapter 11 of title 35 to provide for early publication
of patent applications, to amend chapter 14 of title 35 to
provide provisional rights for the period of time between
early publication and patent grant and to amend chapter 10 of
title 35 to provide a prior art effect for published
applications; to the Committee on the Judiciary.
4101. A communication from the President of the United
States, transmitting the President's report on immigration,
pursuant to Public Law 101-649, section 141(b) (104 Stat.
5002); to the Committee on the Judiciary.
4102. A letter from the Chairperson, U.S. Commission on
Civil Rights, transmitting the Commission's report entitled
``The Fair Housing Amendments Act of 1988: The Enforcement
Report,'' pursuant to 42 U.S.C. 1975c(c), 1975f; to the
Committee on the Judiciary.
4103. A letter from the Chief Staff Counsel, U.S. Court of
Appeals for the District Columbia Circuit, transmitting an
opinion of the Court; to the Committee on the Judiciary.
4104. A letter from the Chief Staff Counsel, U.S. Court of
Appeals for the District Columbia Circuit, transmitting an
opinion of the Court; to the Committee on the Judiciary.
4105. A letter from the Acting Assistant Secretary (Civil
Works), Department of the Army, transmitting the Third
Priority Project List Report prepared by the Louisiana
Coastal Wetlands Conservation and Restoration Task Force,
pursuant to Public law 101-646, section 303(a)(3) (104 Stat.
4779); to the Committee on Merchant Marine and Fisheries.
4106. A letter from the Director, Office of Personnel
Management, transmitting the agency's annual report on drug
and alcohol abuse prevention, treatment, and rehabilitation
programs and services for Federal civilian employees covering
fiscal year 1993, pursuant to 5 U.S.C. 7363; to the Committee
on Post Office and Civil Service.
4107. A letter from the Director, Office of Personnel
Management, transmitting a report on the physicians'
comparability allowance, pursuant to Public Law 103-114,
section 2; to the Committee on Post Office and Civil Service.
4108. A letter from the Acting Assistant Secretary (Civil
Works), Department of the Army, transmitting the fourth
report on a list of projects which have been authorized, but
for which no funds have been obligated during the preceding
10 full fiscal years, pursuant to 33 U.S.C. 579a; to the
Committee on Public Works and Transportation.
4109. A letter from the Assistant Secretary (Civil Works),
Department of the Army, transmitting the Chief of Engineers
report entitled ``Local Cooperation Agreements Annual
Report,'' pursuant to 42 U.S.C. 1962d-5b(e); to the Committee
on Public Works and Transportation.
4110. A letter from the Administrator, Federal Aviation
Administration, transmitting the report on the effectiveness
of the Civil Aviation Security Program for the period January
through December 1992, pursuant to 49 U.S.C. app. 1356(a); to
the Committee on Public Works and Transportation.
4111. A letter from the Administrator, Federal Aviation
Administration, transmitting the report on the effectiveness
of the Civil Aviation Security Program for the period January
through December 1993, pursuant to 49 U.S.C. app. 1356(a); to
the Committee on Public Works and Transportation.
4112. A letter from the Administrator, Federal Highway
Administration, transmitting the Administration's status
report entitled, ``Progress Made in Implementing Sections
6016 and 1038 of the Intermodal Surface Transportation
Efficiency Act of 1991 (ISTEA),'' pursuant to Public Law 102-
240, section 6016(e) (105 Stat. 2183); to the Committee on
Public Works and Transportation.
4113. A letter from the Acting Assistant Secretary (Civil
Works), Department of the Army, transmitting a draft of
proposed legislation to modify the project for the India
Point Railroad Bridge, Seekonk River, Providence, RI, to
authorize the Secretary of the Army to demolish and remove
the center span of the bridge; to the Committee on Public
Works and Transportation.
4114. A letter from the Acting Assistant Secretary (Civil
Works), Department of the Army, transmitting a draft of
legislation to modify the project for flood control at
Arkansas City, KS; to the Committee on Public Works and
Transportation.
4115. A letter from the Secretary of Transportation,
transmitting the Department's report entitled, ``Preservation
of Transportation Corridors''; to the Committee on Public
Works and Transportation.
4116. A letter from the Secretary of Transportation,
transmitting the Department's study of the axle weight limits
of public transit vehicles on the Interstate System, pursuant
to Public Law 102-388, section 341 (106 Stat. 1552); to the
Committee on Public Works and Transportation.
4117. A letter from the Chief Staff Counsel, U.S. Court of
Appeals for the District of Columbia Circuit, transmitting an
opinion of the Court; to the Committee on Public Works and
Transportation.
4118. A letter from the Secretary of Health and Human
Services, transmitting 18th an-
[[Page 2493]]
nual report on the Child Support Enforcement Program,
pursuant to 42 U.S.C. 652(a)(10); to the Committee on Ways
and Means.
4119. A letter from the Secretary of Labor, transmitting
the quarterly report on the expenditure and need for worker
adjustment assistance training funds under the Trade Act of
1974, pursuant to 19 U.S.C. 2296(a)(2); to the Committee on
Ways and Means.
4120. A letter from the Chairman, U.S. international Trade
Commission, transmitting the 79th quarterly report on trade
between the United States and China, the successor states to
the former Soviet Union, and other title IV countries during
April-June 1994, pursuant to 19 U.S.C. 2440; to the Committee
on Ways and Means.
4121. A letter from the General Accounting Office,
transmitting the Office's annual review of the interest rate
charged to borrowers, as determined by the Governor of the
Rural Telephone Bank [RTB] for the preceding fiscal year;
jointly, to the Committees on Agriculture and Government
Operations.
4122. A letter from the Deputy Under Secretary of Defense
Logistics, Office of the Under Secretary of Defense,
transmitting a report on cargo preference for the period June
1993-May 1994, pursuant to Public Law 103-139, section 326;
jointly, to the Committees on Appropriations and Armed
Services.
4123. A letter from the Chief of Staff, The White House,
transmitting certification that no person or persons with
direct or indirect responsibility for administering the
Executive Office of the President's Drug Free Workplace Plan
are themselves subject to a program of individual random drug
testing, pursuant to 5 U.S.C. 7301 note Public Law 103-329,
section 638 (108 Stat. 2432); jointly, to the Committees on
Appropriations and Post Office and Civil Service.
4124. A letter from the Under Secretary of Defense,
transmitting a report concerning the transfer of certain
authorized funds; jointly, to the Committees on
Appropriations and Armed Services.
4125. A letter from the Deputy Under Secretary
(Environmental Security), Department of Defense, transmitting
the Department's report on the demonstration program for the
training of recently discharged veterans for employment in
construction and in hazardous waste remediation, pursuant to
10 U.S.C. 1143 note; jointly, to the Committees on Armed
Services and Veterans' Affairs.
4126. A letter from the Director, Test and Evaluation,
Office of the Under Secretary of Defense, transmitting
additions to the fiscal year 1995 FCT Program; jointly, to
the Committees on Armed Services and Appropriations.
4127. A letter from the Director, Test and Evaluation,
Office of the Under Secretary of Defense, transmitting
additions to the fiscal year 1995 FCT Program; jointly, to
the Committees on Armed Services and Appropriations.
4128. A letter from the Assistant Comptroller General,
General Accounting Office, transmitting GAO's audit of the
Foundation's statements of financial position as of September
30, 1993, 1992, and the related statements of revenues and
expenses and changes in fund balance, and cash flows for the
years then ended, pursuant to Public Law 101-525, section 8
(104 Stat. 2308); jointly, to the Committees on Education and
Labor and Government Operations.
4129. A letter from the Chairman, Nuclear Regulatory
Commission, transmitting the report of the nondisclosure of
safeguards information for the quarter ending September 30,
1994, pursuant to 42 U.S.C. 2167(d); jointly, to the
Committees on Energy and Commerce and Natural Resources.
4130. A letter from the Secretary of Energy, transmitting
notification that the report on adequacy of management plans
for the future generation of spent nuclear fuel and high-
level radioactive waste will be late; jointly, to the
Committees on Energy and Commerce and Natural Resources.
4131. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of
additional program proposals for purposes of non-
profliferation and disarmament fund activities, pursuant to
22 U.S.C. 5858; jointly, to the Committees on Foreign Affairs
and Appropriations.
4132. A letter from the Secretary, Department of Defense,
transmitting the quarterly report on program activities to
facilitate weapons destruction and nonproliferation in the
former Soviet Union, during the quarter from April 1, 1994,
through September 30, 1994, pursuant to 22 U.S.C. 5859;
jointly, to the Committee on Foreign Affairs and
Appropriations.
4133. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the Department's
report on implementation of section 128 of Public Law 102-
138; jointly, to the Committee on the Judiciary and Foreign
Affairs.
4134. A letter from the Secretary of Transportation,
transmitting the annual report on the status of the public
ports of the United States for Calendar years 1992-1993,
pursuant to 49 U.S.C. 308(c); jointly, to the Committee on
Merchant Marine and Fisheries and Public Works and
Transportation.
4135. Deputy Secretary of Defense, transmitting
notification of proposed obligation of funds for the
continuation of projects previously notified to Congress and
initiated in fiscal year 1993, pursuant to Public Law 103-
160, section 1206; jointly, to the Committee on Foreign
Affairs, Armed Services, and Appropriations.
4136. A communication from the Disabled American Veterans
transmitting the report of the proceedings of the
organization's 73rd National Convention, held in Chicago,
Illinois, August 20-25, 1994, pursuant to 36 U.S.C. 90i and
44 U.S.C. 1332; to the Committee on Veterans' Affairs and
ordered to be printed.
Para. 123.4 message from the senate
A message from the Senate by Mr. Hallen, one of its clerks, announced
that the Senate had passed with amendments in which the concurrence of
the House is requested, bills of the House of the following titles:
H.R. 2461. An Act to amend the Federal Property and
Administrative Services Act of 1949 to authorize the transfer
to States of surplus personal property for donation to
nonprofit providers of necessaries to impoverished families
and individuals; and
H.R. 5030. An Act to amend the Foreign Assistance Act of
1961 to make certain corrections relating to international
narcotics control activities, and for other purposes.
The message also announced that the Senate had passed bills, joint
resolutions, and a concurrent resolution of the following titles, in
which the concurrence of the House is requested:
S. 1203. An Act to establish a Center for Rare Disease
Research in the National Institutes of Health, and for other
purposes;
S. 2272. An Act to amend chapter 28 of title 35, United
States Code, to provide a defense to patent infringement
based on prior use by certain persons, and for other
purposes;
S. 2297. An Act to facilitate obtaining foreign-located
antitrust evidence by authorizing the Attorney General of the
United States and the Federal Trade Commission to provide, in
accordance with antitrust mutual assistance agreements,
antitrust evidence to foreign antitrust authorities on a
reciprocal basis; and for other purposes;
S. 2352. An Act to amend the Public Health Service Act to
reauthorize certain programs relating to the Substance Abuse
and Mental Health Services Administration, and for other
purposes;
S. 2550. An Act to provide for the sale of certain lands of
the University of Arkansas;
S. 2551. An Act to prohibit the duplication of benefits;
S. 2559. An Act relating to implementation of Oil Pollution
Act with respect to animal fats and vegetable oils;
S. 2560. An Act to allow the collection and payment of
funds following the completion of cooperative work involving
the protection, management, and improvement of the National
Forest System, and for other purposes;
S.J. Res. 186. Joint resolution to designate February 2,
1995, and February 1, 1996, as ``National Women and Girls in
Sports Day'';
S.J. Res. 205. Joint resolution granting the consent of
Congress to the compact to provide for joint natural resource
management and enforcement of laws and regulations pertaining
to natural resources and boating at the Jennings Randolph
Lake Project lying in Garrett County, Maryland and Mineral
County, West Virginia, entered into between the States of
West Virginia and Maryland;
S.J. Res. 218. Joint resolution designating January 16,
1995, as ``Religious Freedom Day'';
S.J. Res. 219. Joint resolution to commend United States
rice producers and millers, and for other purposes;
S.J. Res. 222. Joint resolution to designate October 19,
1994, as ``Mercy Otis Warren Day'', and for other purposes;
S.J. Res. 225. Joint resolution to designate February 5,
1995, through February 11, 1995, and February 4, 1996,
through February 10, 1996, as ``National Burn Awareness
Week''; and
S. Con. Res. 21. Concurrent resolution expressing the sense
of Congress that expert testimony concerning the nature and
effect of domestic violence, including descriptions of the
experiences of battered women, should be admissible if
offered in a State court by a defendant in a criminal case.
The message also announced that the Senate agreed to the amendment of
the House to the bill (S. 725) ``An act to amend the Public Health
Service Act to provide for the conduct of expanded studies and the
establishment of innovative programs with respect to traumatic brain
injury, and for other purposes'' with an amendment.
The message also announced that pursuant to Public Law 86-380, the
Chair, on behalf of the Vice President, appointed Mr. Graham to the
Advisory Commission on Intergovernmental Relations.
The message also announced that pursuant to Public Law 103-227, the
Chair, on behalf of the President pro tempore, appointed--
Upon the recommendation of the majority leader: E. William Crotty of
Florida, representing business; Katherine Schrier of New York,
representing organized labor; and Michael P. Riccards of West Virginia,
representing human resource professionals;
Upon the recommendation of the Republican leader: Bruce Carswell of
New York, representing business; and Stephen L. Sayler of Kansas,
representing human resource professionals; to the National Skill
Standards Board.
[[Page 2494]]
The message also announced that pursuant to Public Law 96-114, as
amended, the Chair announced, on behalf of the Republican leader, the
appointment of W. Russell King of Virginia and Michael L. Lunceford of
Texas, to the Congressional Award Board.
Para. 123.5 resignation as member of house of representatives
The SPEAKER laid before the House the following communication, which
was read as follows:
House of Representatives,
Washington, DC, November 15, 1994.
Hon. Tom Foley,
Speaker of the House, House of Representatives, Washington,
DC.
Dear Mr. Speaker: Attached is the letter I have sent to the
Honorable David L. Walters, Governor of the State of
Oklahoma, notifying him of my resignation from the House of
Representatives effective today, November 15, 1994 at twelve
midnight.
Sincerely,
James M. Inhofe,
Member of Congress.
Enclosure: letter.
House of Representatives,
Washington, DC, November 15, 1994.
Hon. David Walters,
Governor, State of Oklahoma,
Oklahoma City, OK.
Dear Governor Walters: Pursuant to the November 8, 1994
special election, at which time I was elected to serve the
vacancy in the United States Senate created by the
resignation of Senator David L. Boren, I hereby submit to you
my letter of resignation effective twelve midnight, today,
November 15, 1994.
Sincerely,
James M. Inhofe,
Member of Congress.
Para. 123.6 communication from the clerk--certificate of election
The SPEAKER laid before the House a communication, which was read as
follows:
Office of the Clerk,
House of Representatives,
Washington, DC, November 22, 1994.
Hon. Thomas S. Foley,
The Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: I have the honor to transmit herewith a
certification from the Governor of Oklahoma, Honorable David
Walters indicating that, Steve Largent of the First
Congressional District, is elected to fill the vacancy in the
103d Congress created by the resignation of the Honorable
James M. Inhofe at midnight on November 15, 1994.
This certification has been submitted under the laws of
Oklahoma as stated in the accompanying documents. An election
certification of Steve Largent to the 104th Congress has also
been received in my office.
With great respect, I am
Sincerely yours,
Donnald K. Anderson,
Clerk, House of Representatives.
____
State of Oklahoma,
November 17, 1994.
Hon. Donnald K. Anderson,
Clerk of the House of Representatives,
Washington, DC.
Dear Mr. Anderson: The provisions of 26 Okla. Stat.,
Section 12-101(B), require the election held November 8,
1994, for the seat to which Steve Largent was elected, be
treated as election, within the meaning of Oklahoma law, to
fill the vacancy of the unexpired term of James M. Inhofe,
Member of Congress, who resigned effective November 15, 1994,
at twelve midnight. Accordingly, pursuant to that statute, my
appointment, as Governor of the State of Oklahoma, is the
ministerial act incident to that election.
Sincerely,
David Walters,
Governor.
____
Order of Appointment
To: Secretary of State, Oklahoma State Capitol, Oklahoma
City, Oklahoma
Please file for record the following executive order. By
virtue of the authority vested in me as Governor of the State
of Oklahoma, under 26 Okla. Stat., Section 12-101(B), I
hereby appoint: Steve Largent, 124 E. 4th Street, Tulsa,
Oklahoma 74103 as Member of the United States House of
Representatives representing Oklahoma Congressional District
1, to serve the remainder of an unexpired term ending January
3, 1995. Mr. Largent will be succeeding the Honorable James
Inhofe (resigned).
In witness whereof, I have hereunto set my hand and caused
the seal of the State of Oklahoma to be affixed at Oklahoma
City, Oklahoma this 17th day of November 1994.
By the Governor of the State of Oklahoma: David Walters.
Attest: Glo Henley, Secretary of State.
Para. 123.7 member-elect to be sworn in
Mr. MICHEL, submitted the following privileged resolution (H. Res.
585):
Resolved, That the Speaker is hereby authorized and
directed to administer the oath of office to the gentleman
from Oklahoma, Mr. Steve Largent.
Resolved, that the question of the final right of Mr. Steve
Largent to a seat in the One Hundred Third Congress be
referred to the Committee on House Administration.
When said resolution was considered.
After debate,
On motion of Mr. MICHEL, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 123.8 member-elect sworn in
Mr. Steve LARGENT of the First District of Oklahoma, presented himself
at the bar of the House and took the oath of office prescribed by law.
Para. 123.9 communication from the clerk--messages from the senate
The SPEAKER laid before the House a communication, which was read as
follows:
Office of the Clerk,
U.S. House of Representatives,
Washington, DC, November 29, 1994.
Hon. Thomas S. Foley,
The Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, the Clerk received the following messages
from the Secretary of the Senate:
1. Received on Monday, October 10, 1994 at 1:00 p.m.: that
the Senate passed without amendment H.R. 5060.
2. Received on Wednesday, October 12, 1994 at 1:40 p.m.:
that the Senate agreed to the Conference Report on S. 21;
agreed to House amendment to S. 720, S. 784, S. 1457, S.
1614; agree to House amendments to S. 2073, S.J. Res. 227;
Passed without amendment: H.R. 808, H.R. 2056, H.R. 2135,
H.R. 2266, H.R. 2294, H.R. 2411, H.R. 3059, H.R. 3984, H.R.
4180, H.R. 4192, H.R. 4193, H.R. 4497, H.R. 4551, H.R. 4452,
H.R. 4571, H.R. 4595, H.R. 4757, H.R. 4778, H.R. 4781, H.R.
4814, H.R. 4833, H.R. 4842, H.R. 4896, H.R. 4922, H.R. 4924,
H.R. 4967, H.R. 5034, H.R. 5053, H.R. 5102, H.R. 5155, H.R.
5161, H.R. 5176, H.R. 5200, H.R. 5220, H.R. 5244, H.R. 5246,
H.R. 5252, H.J. Res. 326, H.J. Res. 390, H.J. Res. 425, H.
Con. Res. 292, H. Con. Res. 293, H. Con. Res. 299, H. Con.
Res. 304, and H. Con. Res. 314; agreed to House amendments to
Senate amendments to H.R. 3313; and agreed to House amendment
to Senate amendments to H.R. 4867.
3. Received on Wednesday, October 19, 1994 at 3:08 p.m.:
that the Senate agreed to House amendment to S. 1146.
With great respect, I am,
Sincerely yours,
Donnald K. Anderson,
Clerk, U.S. House of Representatives.
Para. 123.10 enrolled bills and joint resolutions signed
The SPEAKER announced that pursuant to clause 4, rule I, the following
enrolled bills and joint resolutions, were signed on the following
dates:
The SPEAKER signed on October 10, 1994:
H.R. 5060. An Act to provide for the continuation of
certain fee collections for the expenses of the Securities
and Exchange Commission for fiscal year 1995.
On October 11, 1994:
S. 922. An Act to provide that a state court may not modify
an order of another state court requiring the payment of
child support unless the recipient of child support payments
resides in the state in which the modification is sought or
consents to the seeking of the modification in that court;
S. 1225. An Act to authorize and encourage the President to
conclude an agreement with Mexico to estalish a United
States-Mexico Border Health Commission;
S.2060. An Act to amend the Small Business Act and the
Small Business investment Act of 1958, and for other
purposes;
S. 2475. An Act to authorize assistance to promote the
peaceful resolution of conflicts in Africa;
S. 2500. An Act to enable producers and feeders of sheep
and importers of sheep and sheep products to develop,
finance, and carry out a nationally coordinated program for
sheep and sheep product promotion, research, and information,
and for other purposes.
The SPEAKER pro tempore, Mr. HOYER, signed the following enrolled
bills and joint resolutions on the following dates:
On October 12, 1994:
H.R. 4217. An Act to reform the Federal Crop Insurance
Program, and for other purposes;
H.R. 4361. An Act to amend chapter 63 of Title 5, United
States Code, to provide that an employee of the Federal
Government may use sick leave to attend to the medical needs
of a family member, and for other purposes;
H.R. 5053. An Act to authorize the Secretary of Agriculture
to extend for 1 year Water Bank Act Agreements that are due
to expire on December 31, 1994;
H.R. 5155. An Act to authorize the transfer of naval
vessels to certain foreign countries;
[[Page 2495]]
S. 340. An Act to amend the Federal food, drug, and
cosmetic act to clarify the application of the act with
respect to alternate uses of new animal drugs and new drugs
intended for human use, and for other purposes;
S. 455. An Act to amend title 31, United States Code, to
increase Federal payments to units of general local
Government for entitlement lands, and for other purposes;
S. 2395. An Act to designate the U.S. Courthouse in
Detroit, MI, as the ``Theodore Levin Courthouse'' and for
other purposes;
S. 2407. An Act to make improvements in the operation and
adminsitration of the Federal courts, and for other purposes;
S. 2466. An Act to amend the energy Policy and Conservation
Act to manage the Strategic Petroleum Reserve more
effectively, and for other purposes;
S. 2534. An Act to revise and improve the process for
disposing of buildings and property at military installations
under the base closure laws;
S.J. Res. 90. Joint resolution to recognize the
achievements of Radio Amateurs, and to establish support for
such amateurs as national policy;
S.J. Res. 220. Joint resolution to designate October 19,
1994, as ``National Mammography Day'';
S.J. Res. 229. Joint resolution regarding U.S. policy
toward Haiti.
On October 14, 1994:
H.R. 6. An Act to extend for 5 years the authorizations of
appropriations for the programs under the Elementary and
Secondary Education Act of 1965, and for certain other
purposes;
H.R. 512. An Act to amend chapter 87 of title 5, United
States Code, to provide that group life insurance benefits
under such chapter may, upon application, be paid out to an
insured individual who is terminally ill; to provide for
continuation of health benefits coverage for certain
individuals enrolled in health benefits plans administered by
the Office of the Comptroller of the Currency or the Office
of Thrift Supervision; and for other purposes;
H.R. 783. An Act to amend Title III of the Immigration and
Nationality Act to make changes in the laws relating to
nationality and naturalization;
H.R. 808. An Act for the relief of James B. Stanley;
H.R. 2056. An Act to redesignate the Post Office Building
located at 600 Princess Anne Street in Fredericksburg, VA, as
the ``Samuel E. Perry Post Office Building'';
H.R. 2135. An Act to provide for a National Native American
Veterans' Memorial;
H.R. 2266. An Act for the relief of Orlando Wayne
Naraysingh;
H.R. 2294. An Act to redesignate the Post Office Building
located at 1000 Lamar Street in Wichita Falls, TX, as the
``Graham B. Purcell, Jr. Post Office Building'';
H.R. 2411. An Act for the relief of Leteane Clement
Monatsi;
H.R. 2440. An Act to amend the Independent Safety Board Act
of 1974 to authorize appropriations for fiscal years 1994,
1995, and 1996, and for other purposes;
H.R. 2970. An Act to reauthorize the Office of Special
Counsel, and for other purposes;
H.R. 4192. An Act to designate the U.S. Post Office
Building located at 300 Veterans' Drive in Saint Thomas, VI,
as the ``Arturo R. Watlington, Sr. Post Office'';
H.R. 4535. An Act to amend the Securities Exchange Act of
1934 with respect to the extension of unlisted trading
privileges for corporate securities, and for other purposes;
H.R. 4833. An Act to reform the management of Indian trust
funds, and for other purposes;
H.R. 4842. An Act to specify the terms of contracts entered
into by the United States and Indian tribal organizations
under the Indian Self-Determination and Education Assistance
Act and to provide for tribal self-governance, and for other
purposes;
H.R. 4896. An Act to grant the consent of the Congress to
the Kansas and Missouri Metropolitan Culture District
Compact;
H.R. 4922. An Act to amend Title 18, United States Code, to
make clear a telecommunications carrier's duty to cooperate
in the interception of communications for law enforcement
purposes, and for other purposes;
H.R. 4924. An Act to assist in the conservation of
rhinoceros and tigers by supporting and providing financial
resources for the conservation programs of Nations whose
activities directly or indirectly affect rhinoceros and tiger
populations, and of the cites secretariat;
H.R. 5116. An Act to amend title 11 of the United States
Code;
H.J. Res. 425. Joint resolution providing for the convening
of the 1st session of the 104th Congress.
On October 17, 1994:
S. 528. An Act to provide for the transfer of certain U.S.
Forest Service lands located in Lincoln County in the State
of Montana;
S. 720. An Act to clean up open dumps on Indian lands, and
for other purposes;
S. 784. An Act to amend the Federal Food, Drug and Cosmetic
Act to establish standards with respect to dietary
supplements, and for other purposes;
S. 1312. An Act to amend the Employee Retirement Income
Security Act of 1974 in order to provide for the availability
of remedies for certain former pension plan participants and
beneficiaries;
S. 1457. An Act to amend the Aleutian and Pribilof Islands
Restitution Act to increase authorization for appropriation
to compensate Aleut Villages for church property lost,
damaged, or destroyed during World War II;
S. 1927. An Act to amend Title 38, United States Code, to
provide a cost-of-living adjustment in the rates of
disability compensation for veterans with service-connected
disabilities and the rates of dependency and indemnity
compensation for survivors of such veterans, to revise and
improve veterans' benefits programs, and for other purposes;
S. 2073. An Act to designate the Warren B. Rudman U.S.
courthouse, the Jamie L. Whitten Federal Building, and the
William H. Natcher Federal Building and U.S. courthouse;
S. 2372. An Act to amend the United States Commission on
Civil Rights Act of 1983;
S.J. Res. 227. Joint resolution approving the location of a
Thomas Paine Memorial and a World War II Memorial in the
Nation's Capital.
On October 20, 1994:
H.R. 1348. An Act to establish the Quinebaug and Shetucket
Rivers Valley National Heritage Corridor in the State of
Connecticut, and for other purposes;
H.R. 3050. An Act to expand the boundaries of the Red Rock
Canyon National Conservation Area;
H.R. 3059. An Act to establish a National Maritime Heritage
Program to make grants available for educational programs and
the restoration of America's cultural resources for the
purpose of preserving America's endangered maritime heritage;
H.R. 3313. An Act to amend Title 38, United States Code, to
extend certain expiring veterans' health care programs, and
for other programs;
H.R. 3499. An Act to amend the Defense Department Overseas
Teachers Pay and Personnel Practices Act;
H.R. 3678. An Act to authorize the Secretary of the
Interior to negotiate agreements for the use of outer
continental shelf sand, gravel, and shell resources;
H.R. 3984. An Act to designate the building located at 216
Coleman Avenue in Waveland, MS, for the period of time during
which it houses operations of the U.S. Postal Service, as the
``John Longo, Jr. Post Office'';
H.R. 4180. An Act to provide for the annual publication of
a list of federally recognized Indian tribes, and for other
purposes;
H.R. 4193. An Act to designate the building located at 100
Vester Gade, in Cruz Bay, Saint Thomas, Virgin Islands, for
the period of time which it houses operations of the U.S.
Postal Service, as the ``Ubaldina Simmons Post Office'';
H.R. 4196. An Act to insure that timber-dependent
communities adversely affected by the forest plan for a
sustainable economy and a sustainable environment qualify for
loans and grants from the Rural Development Administration;
H.R. 4452. An Act to designate the U.S. Post Office
Building located at 115 North Chester in Ruleville, MS, as
the ``Fannie Lou Hammer Post Office'';
H.R. 4455. An Act to authorize the Export-Import Bank of
The United States to provide financing for the export of
nonlethal defense articles and defense services the primary
end use of which will be for civilian purposes;
H.R. 4497. An Act to award a Congressional Gold Medal to
Rabbi Menachem Mendel Schneerson;
H.R. 4551. An Act to designate the U.S. Post Office
Building located at 301 West Lexington Street in
Independence, MO, as the ``William J. Randall Post Office'';
H.R. 4571. An Act to designate the U.S. Post Office
Building located at 103-104 Estate Richmond in Saint Croix,
VI, as the ``Wilbert Armstrong Post Office'';
H.R. 4595. An Act to designate the building located at 4021
LacLede in St. Louis, MO, for the period of time during which
it houses operations of the U.S. Postal Service, as the
``Marian Oldham Post Office'';
H.R. 4598. An Act to direct the Secretary of the Interior
to make technical corrections to maps relating to the coastal
barrier resources system, and to authorize appropriations to
carry out the Coastal Barrier Resources Act;
H.R. 4709. An Act to make certain technical corrections,
and for other purposes;
H.R. 4757. An Act to provide for the settlement of the
claims of the Confederated Tribes of the Colville Reservation
concerning their contribution to the production of hydropower
by the Grand Coulee Dam, and for other purposes;
H.R. 4777. An Act to make technical improvements in the
United States Code by amending provisions to reflect the
current names of congressional committees;
H.R. 4778. An Act to codify without substantive change
recent laws related to transportation and to improve the
United States Code;
H.R. 4781. An Act to facilitate obtaining foreign-located
antitrust evidence by authorizing the Attorney General of the
United States and the Federal Trade Commission to provide, in
accordance with antitrust mutual assistance agreements,
antitrust evidence to foreign antitrust authorities on a
reciprocal basis; and for other purposes;
H.R. 4814. An Act to grant the consent of the Congress to
amendments to the Central Midwest Interstate Low-Level
Radioactive Waste Compact;
H.R. 4867. An Act to authorize appropriations for high-
speed rail transportation, and for other purposes;
H.R. 4967. An Act to designate the U.S. courthouse located
at 231 West Lafayette Street in Detroit, MI, as the
``Theodore Levin United States Courthouse'' and to designate
the postal facility located at 1401 West Fort Street in
Detroit, MI, as the ``George W. Young Post Office'';
[[Page 2496]]
H.R. 5034. An Act to make certain technical amendments
relating to the State Department Basic Authorities Act of
1956, the U.S. Information and Educational Exchange Act of
1948, and other provisions of law;
H.R. 5084. An Act to amend Title 13, United States Code, to
improve the accuracy of census address lists, and for other
purposes;
H.R. 5102. An Act to amend Title 18, United States Code,
with respect to certain crimes relating to Congressional
Medals of Honor;
H.R. 5161. An Act to amend the Omnibus Budget
Reconciliation Act of 1993 to permit the prompt sharing of
timber sale receipts of the Forest Service and the Bureau of
Land Management;
H.R. 5176. An Act to amend the Federal Water Pollution
Control Act relating to San Diego Ocean discharge and waste
water reclamation;
H.R. 5200. An Act to resolve the 107th Meridian Boundary
Dispute between the Crow Indian Tribe and the United States;
H.R. 5220. An Act to provide for the acceptance by the
Secretary of Education of applications submitted by the local
educational agency serving the Window Rock Unified School
District, Window Rock, AZ, under section 3 of the act of
September 30, 1950--Public Law 874, 81st Congress--for fiscal
years 1994 and 1995;
H.R. 5244. An Act to amend Title 38, United States Code, to
revise and improve veterans' benefits programs, and for other
purposes;
H.R. 5246. An Act to amend the Foreign Assistance Act of
1961 to make certain corrections relating to international
narcotics control activities, and for other purposes;
H.R. 5252. An Act to amend the Social Security Act and
related acts to make miscellaneous and technical amendments,
and for other purposes;
H.J. Res. 271. Joint resolution designating the month of
November in each of calendar years 1993 and 1994 as
``National American Indian Heritage Month'';
H.J. Res. 326. Joint resolution designating January 16,
1995, as ``National Good Teen Day'';
S. 21. An Act to designate certain lands in the California
desert as wilderness, to establish the Death Valley and
Joshua Tree National Parks, to establish the Mojave National
Preserve, and for other purposes;
S. 1146. An Act to provide for the settlement of the water
rights claims of the Yavapai-Prescott Indian Tribe in Yavapai
County, AZ, and for other purposes;
S. 1614. An Act to amend the Child Nutrition Act of 1966
and the National School Lunch Act to promote healthy eating
habits for children and to extend certain authorities
contained in such acts through fiscal year 1998, and for
other purposes.
On October 26, 1994:
H.J. Res. 390. Joint resolution designating September 17,
1994, as ``Constitution Day.''
Para. 123.11 board of trustees of the american folklife center in the
library of congress
The SPEAKER announced that, pursuant to the provisions of section 4(b)
of Public Law 94-201 (20 United States Code 2103(b)) and the order of
the House of Friday, October 7, 1994, authorizing the Speaker and
Minority Leader to accept resignations and to make appointments
authorized by law or by the House, on October 11, 1994, the Speaker did
appoint to the Board of Trustees of the American Folklife Center in the
Library of Congress, Mr. William L. Kinney, Jr., of Bennettsville, South
Carolina, from private life, for a six year term, on the part of the
House to fill the existing vacancy thereon.
Ordered, That the Clerk notify the Senate of the foregoing
appointment.
Para. 123.12 competitiveness policy council
The SPEAKER announced that, pursuant to the provisions of section
5205(a)(1)(c) of Public Law 100-418 and the order of the House of
Friday, October 7, 1994, authorizing the Speaker and Minority Leader to
accept resignations and to make appointments authorized by law or by the
House, on November 17, 1994, the Speaker and the Minority Leader did
jointly appoint to the Competitiveness Policy Council, Mr. Donald V.
Fites of Peoria, Illinois, from private life, on the part of the House
to fill the existing vacancy thereon.
Ordered, That the Clerk notify the Senate of the foregoing
appointment.
Para. 123.13 social security advisory board
The SPEAKER announced that, pursuant to the provisions of section 703
of the Social Security Act (42 U.S.C. 903), as amended by section 103 of
Public Law 103-296 and the order of the House of Friday, October 7,
1994, authorizing the Speaker and Minority Leader to accept resignations
and to make appointments authorized by law or by the House, on November
17, 1994, the Speaker did appoint to the Social Security Advisory Board,
Ms. Martha Keys of Arlington, Virginia, for a five-year term, and Mr.
Arthur L. (Pete) Singleton of Dunnsville, Virginia, for a four-year
term, both from private life, on the part of the House.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 123.14 national bankruptcy review commission
The SPEAKER announced that, pursuant to the provisions of section 604
of Public Law 103-394 and the order of the House of Friday, October 7,
1994, authorizing the Speaker and Minority Leader to accept resignations
and to make appointments authorized by law or by the House, on November
17, 1994, the Speaker did appoint to the National Bankruptcy Review
Commission, Mr. John A. Gose of Seattle, Washington, from private life,
on the part of the House.
Ordered, That the Clerk notify the Senate of the foregoing
appointment.
Para. 123.15 commission on protecting and reducing government secrecy
The SPEAKER, pursuant to the provisions of section 904(b) of Public
Law 103-236, appointed to the Commission on Protecting and Reducing
Government Secrecy, Mr. Hamilton, on the part of the House.
Ordered, That the Clerk notify the Senate of the foregoing
appointment.
Para. 123.16 commission on the roles and capabilities of the u.s.
intelligence community
The SPEAKER, pursuant to the provisions of section 902(a) of Public
Law 103-359, appointed to the Commission on the Roles and Capabilities
of the United States Intelligence Community, Mr. Dicks, and Mr. Tony
Coelho of Alexandria, Virginia, from private life, on the part of the
House.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
Para. 123.17 subpoena
The SPEAKER pro tempore, Mr. MAZZOLI, laid before the House a
communication, which was read as follows:
Congress of the United States,
House of Representatives,
Washington, DC, October 12, 1994.
Hon. Thomas Foley,
The Capitol.
Dear Speaker Foley: This is to formally notify you that
pursuant to Rule L (50) of the Rules of the House I have been
served with a subpoena issued by the Superior Court of the
State of Rhode Island.
After consultation with General Counsel, I have determined
that compliance with the subpoena is consistent with the
privileges and precedents of the House.
Sincerely,
Ron Machtley,
Member of Congress.
Para. 123.18 subpoena
The SPEAKER pro tempore, Mr. MAZZOLI, laid before the House a
communication, which was read as follows:
House of Representatives,
Committee on Appropriations,
Washington, DC, October 18, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to inform you pursuant to Rule L
(50) of the Rules of the House that my Committee has been
served with a subpoena duces tecum issued by the Armed
Services Board of Contract Appeals.
After consultation with the General Counsel, it was
determined that compliance was not consistent with the
privileges and precedents of the House.
Sincerely,
Dave Obey,
Chairman.
Para. 123.19 subpoena
The SPEAKER pro tempore, Mr. MAZZOLI, laid before the House a
communication, which was read as follows:
House of Representatives,
Washington, DC, October 21, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that my office has
been served with a subpoena, for the personnel records of a
member of my staff, issued by the United States District
Court for the Eastern District of Virginia in connection with
a civil case.
After consultation with the General Counsel, I will
determine if compliance with the subpoena is consistent with
the privileges and precedents of the House.
Sincerely,
Louis Stokes,
Member of Congress.
Para. 123.20 subpoena
The SPEAKER pro tempore, Mr. MAZZOLI, laid before the House a
communication, which was read as follows:
[[Page 2497]]
House of Representatives,
Washington, DC, October 21, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to notify you formally pursuant
to Rule L (50) of the Rules of the House that my office has
been served with a subpoena issued by the United States
District Court for the District of Columbia.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoena is
consistent with the privileges and precedents of the House.
Sincerely,
Randall B. Medlock,
Acting Director.
Para. 123.21 subpoena
The SPEAKER pro tempore, Mr. MAZZOLI, laid before the House a
communication, which was read as follows:
House of Representatives,
Washington, DC, November 2, 1994.
Re Donoghue v. Donoghue--Circuit Court for Prince George's
County, Maryland, Case No.: CAD 94-03553.
Hon. Thomas S. Foley,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to inform you, pursuant to House
Rule L (50), that a member of the Capitol Police, Sergeant
William Perkins, has been subpoenaed to give testimony at a
deposition in the above referenced case.
The subject of the requested testimony is related to the
employment performance of an employee under the supervision
of Sergeant Perkins and, therefore, relates to his official
duties.
Please advise if any additional action is required by this
office.
Sincerely,
Werner W. Brandt,
Sergeant at Arms.
Para. 123.22 subpoena
The SPEAKER pro tempore, Mr. MAZZOLI, laid before the House a
communication, which was read as follows:
House of Representatives,
Washington, DC, November 8, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to notify you formally pursuant
to Rule L (50) of the Rules of the House that my office has
been served with a subpoena issued by the United States
District Court for the District of Columbia.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoena is
consistent with the privileges and precedents of the House.
Sincerely,
Randall B. Medlock,
Acting Director.
Para. 123.23 subpoena
The SPEAKER pro tempore, Mr. MAZZOLI, laid before the House a
communication, which was read as follows:
House of Representatives,
Washington, DC, November 10, 1994.
Hon. Thomas S. Foley,
Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that my office has
been served with a subpoena issued by the State of Michigan,
Circuit Court for the County of Macomb in connection with a
civil case.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is not
consistent with the privileges and precedents of the House
since the subpoena does not relate to the official functions
of my office.
Sincerely,
Kweisi Mfume,
Member of Congress.
Para. 123.24 gatt implementation
The SPEAKER pro tempore, Mr. MAZZOLI, pursuant to House Resolution 564
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 5110) to approve and implement the trade agreements concluded in
the Uruguay Round of multilateral trade negotiations.
The SPEAKER pro tempore, Mr. MAZZOLI, by unanimous consent, designated
Mr. BARLOW, Mr. PRICE, Mr. GLICKMAN, and Mrs. UNSOELD as Chairmen of the
Committee of the Whole.
The Acting Chairman, Mr. SHARP, assumed the Chair; and after some time
spent therein,
The SPEAKER resumed the Chair.
When Mrs. UNSOELD, Chairman, pursuant to House Resolution 564 and
section 151(d) of the Trade Act of 1974, reported the bill back to the
House.
Pursuant to section 151(f)(2) of the Trade Act of 1974, the previous
question was ordered.
The bill was ordered to be engrossed and read a third time, was read a
third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER announced that the yeas had it.
Mr. GIBBONS demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
288
<3-line {>
affirmative
Nays
146
Para. 123.25 [Roll No. 507]
YEAS--288
Abercrombie
Ackerman
Allard
Andrews (TX)
Archer
Armey
Bacchus (FL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bereuter
Berman
Bevill
Bishop
Blackwell
Bliley
Boehlert
Boehner
Bonilla
Borski
Boucher
Brewster
Brooks
Brown (CA)
Brown (FL)
Bryant
Bunning
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Clayton
Clement
Clinger
Clyburn
Coleman
Cooper
Coppersmith
Cox
Coyne
Crane
Cunningham
Darden
de la Garza
DeLauro
DeLay
Derrick
Deutsch
Dicks
Dingell
Dixon
Dooley
Dreier
Dunn
Durbin
Edwards (TX)
Ehlers
Emerson
English
Eshoo
Ewing
Farr
Fawell
Fazio
Fields (TX)
Filner
Fingerhut
Fish
Flake
Foglietta
Foley
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Hall (OH)
Hamilton
Hansen
Harman
Hastert
Herger
Hoagland
Hobson
Hoekstra
Hoke
Horn
Houghton
Hoyer
Huffington
Hughes
Hutto
Hyde
Inslee
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnston
Kasich
Kennedy
Kennelly
Kim
King
Kleczka
Klein
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McKeon
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Michel
Miller (FL)
Mineta
Minge
Molinari
Moran
Morella
Murtha
Neal (MA)
Neal (NC)
Nussle
Olver
Ortiz
Orton
Oxley
Packard
Parker
Pastor
Paxon
Pelosi
Penny
Peterson (FL)
Petri
Pickett
Pickle
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Ramstad
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rostenkowski
Roukema
Rowland
Roybal-Allard
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (OR)
Smith (TX)
Stenholm
Studds
Sundquist
Swift
Synar
Talent
Tanner
Tauzin
Tejeda
Thomas (CA)
Thomas (WY)
Thornton
Torkildsen
Torres
Torricelli
Upton
Valentine
Vento
Visclosky
Vucanovich
Walker
Walsh
Washington
Waters
Weldon
Wheat
Whitten
Wilson
Wyden
Wynn
Yates
Young (FL)
Zeliff
Zimmer
NAYS--146
Andrews (ME)
Andrews (NJ)
Applegate
Bachus (AL)
Barca
Barcia
Barlow
Bentley
Bilbray
Bilirakis
Blute
Bonior
Browder
Brown (OH)
Burton
Chapman
Clay
Coble
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Costello
Cramer
Crapo
Danner
Deal
DeFazio
Dellums
Diaz-Balart
Dickey
Doolittle
Dornan
Duncan
Edwards (CA)
Engel
Evans
Everett
Fields (LA)
Ford (MI)
Frank (MA)
Gallegly
Glickman
Gonzalez
Gunderson
Gutierrez
Hall (TX)
Hamburg
Hancock
Hastings
Hayes
Hefley
Hefner
Hilliard
Hinchey
Hochbrueckner
Holden
Hunter
Hutchinson
Inglis
Istook
Johnson, Sam
Kanjorski
Kaptur
Kildee
Kingston
Klink
Klug
Lantos
Largent
Lewis (GA)
Lewis (KY)
Lipinski
Livingston
Lucas
McHugh
McInnis
McKinney
Mfume
Mica
Miller (CA)
Mink
Moakley
Mollohan
Montgomery
[[Page 2498]]
Moorhead
Murphy
Myers
Nadler
Oberstar
Obey
Owens
Pallone
Payne (NJ)
Payne (VA)
Peterson (MN)
Pombo
Quinn
Rahall
Rangel
Ravenel
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Royce
Rush
Sabo
Sanders
Schaefer
Schiff
Sensenbrenner
Sisisky
Skeen
Smith (NJ)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stokes
Strickland
Stump
Stupak
Swett
Taylor (MS)
Taylor (NC)
Thompson
Thurman
Towns
Traficant
Tucker
Unsoeld
Velazquez
Volkmer
Watt
Waxman
Williams
Wise
Wolf
Woolsey
Young (AK)
So the bill was passed.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 123.26 expressing the thanks of the house to speaker foley
Mr. MICHEL submitted the following resolution (H. Res. 586):
Resolved, That Members of the House express their profound
thanks and appreciation to the Honorable Thomas S. Foley,
Speaker of the House of Representatives for the very fair and
impartial manner with which he has presided over our
deliberations and performed the arduous duties of the chair
during his tenure as Speaker.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Para. 123.27 defense base closure and realignment commission
On motion of Mr. MICHEL, by unanimous consent, the Committee on Armed
Services was discharged from further consideration of the bill (H.R.
5292) to amend the Defense Base Closure and Realignment Act of 1990 to
extend the deadline for the submission of nominations for the Defense
Base Closure and Realignment Commission.
When said bill was considered, read twice, ordered to be engrossed and
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
Para. 123.28 the late honorable dean a. gallo
Mrs. ROUKEMA submitted the following resolution (H. Res. 587):
Resolved, That the House has heard with profound sorrow of
the death of the Honorable Dean A. Gallo, a Representative
from the State of New Jersey.
Resolved, That the Clerk communicate these resolutions to
the Senate and transmit a copy thereof to the family of the
deceased.
Resolved, That when the House adjourns today, it adjourn as
a further mark of respect to the memory of the deceased.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
Para. 123.29 appointment of funeral committee of the late dean a. gallo
The SPEAKER pro tempore, Mr. MONTGOMERY, announced that, pursuant to
the order of the House of Friday, October 7, 1994, authorizing the
Speaker and the Minority Leader to accept resignations and to make
appointments authorized by law or by the House, on Thursday, November
10, 1994, the Speaker appointed as members to attend the funeral for the
late Honorable Dean A. Gallo the following Members on the part of the
House:
Mr. Hughes of New Jersey; Mrs. Roukema of New Jersey; Mr. Smith of New
Jersey; Mr. Torricelli of New Jersey; Mr. Saxton of New Jersey; Mr.
Pallone of New Jersey; Mr. Payne of New Jersey; Mr. Andrews of New
Jersey; Mr. Zimmer of New Jersey; Mr. Franks of New Jersey; Mr. Klein of
New Jersey; Mr. Menendez of New Jersey; Mr. Myers of Indiana; Mr. Lewis
of California; Mr. Barton of Texas; Mrs. Bentley of Maryland; Mr. DeLay
of Texas; Mr. McMillan of North Carolina; and Mr. Hastert of Illinois.
Para. 123.30 senate bills, joint resolutions and a concurrent resolution
referred
Bills, joint resolutions, and concurrent resolutions of the Senate of
the following titles were taken from the Speaker's table and, under the
rule, referred as follows:
S. 1203. An Act to establish a Center for Rare Disease
Research in the National Institutes of Health, and for other
purposes; to the Committee on Energy and Commerce.
S. 2272. An Act to amend chapter 28 of title 35, United
States Code, to provide a defense to patent infringement
based on prior use by certain persons, and for other
purposes, to the Committee on the Judiciary.
S. 2352. An Act to amend the Public Health Service Act to
reauthorize certain programs relating to the Substance Abuse
and Mental Health Services Administration, and for other
purposes, to the Committee on Energy and Commerce.
S. 2550. An Act to provide for the sale of certain lands of
the University of Arkansas, to the Committee on Agriculture.
S. 2551. An Act to prohibit the duplication of benefits, to
the Committee on Agriculture.
S. 2559. An Act relating to implementation of Oil Pollution
Act with respect to animal fats and vegetable oils; jointly,
to the Committees on Merchant Marine and Fisheries and Public
Works and Transportation.
S. 2560. And act to allow the collection and payment of
funds following the completion of cooperative work involving
the protection, management, and improvement of the National
Forest System, and for other purposes; to the Committees on
Agriculture and Natural Resources.
S.J. Res. 186. Joint resolution to designate the week of
February 2, 1995, and February 1, 1996, as ``National Women
and Girls in Sports Day''; to the Committee on Post Office
and Civil Service.
S.J. Res. 205. Joint resolution granting the consent of
Congress to the compact to provide for joint natural resource
management and enforcement of laws and regulations pertaining
to natural resources and boating at the Jennings Randolph
Lake Project lying in Garrett County, Maryland and Mineral
County, West Virginia, entered into between the States of
West Virginia and Maryland; to the Committee on the
Judiciary.
S.J. Res. 218. Joint resolution designating January 16,
1995, as ``Religious Freedom Day''; to the Committee on Post
Office and Civil Service.
S.J. Res. 219. Joint resolution to commend United States
rice producers and millers, and for other purposes; to the
Committee on Agriculture.
S.J. Res. 222. Joint resolution to designate October 19,
1994, as ``Mercy Otis Warren Day'', and for other purposes;
to the Committee on Post Office and Civil Service.
S.J. Res. 225. Joint resolution to designate February 5,
1995, through February 11, 1995, and February 4, 1996,
through February 10, 1996, as ``National Burn Awareness
Week''; to the Committee on Post Office and Civil Service.
S.Con. Res. 21. Concurrent resolution expressing the sense
of Congress that expert testimony concerning the nature and
effect of domestic violence, including descriptions of the
experiences of battered women, should be admissible if
offered in a State court by a defendant in a criminal case;
to the Committee on the Judiciary.
Para. 123.31 bills and joint resolutions presented to the president
Mr. ROSE, from the Committee on House Administration, reported that
that committee did on the following dates present to the President, for
his approval, bills and joint resolutions of the House of the following
titles:
On October 10, 1994:
H.R. 5060. An Act to provide for the continuation of
certain fee collections for the expenses of the Securities
and Exchange Commission for fiscal year 1995.
On October 12, 1994:
H.J. Res. 401. An Act designating the months of March 1995
and March 1996 as ``Irish-American Heritage Month''.
H.J. Res. 417. An Act providing for the temporary extension
of the application of the final paragraph of section 10 of
the Railway Labor Act with respect to the dispute between the
Soo Line Railroad Company and certain of its employees.
H.R. 1520. An Act to amend the Petroleum Marketing
Practices Act.
H.R. 3485. An Act to authorize appropriations for carrying
out the Earthquake Hazards Reduction Act of 1977 for the
fiscal years 1995 and 1996.
H.R. 2826. An Act to provide for an investigation of the
whereabouts of the United States citizens and others who have
been missing from Cyprus since 1974.
H.R. 2902. An Act to amend the District of Columbia Self-
Government and Governmental Reorganization Act to reauthorize
the annual Federal payment to the District of Columbia for
the fiscal year 1996, and for other purposes.
H.R. 4278. An Act to make improvements in the old-age,
survivors, and disability insurance program under title II of
the Social Security Act.
H.R. 4308. An Act to authorize appropriations to assist in
carrying out the North American Wetlands Conservation Act for
fiscal years 1995 through 1998, and for other purposes.
H.R. 4379. An Act to amend the Farm Credit Act of 1971 to
enhance the ability of the banks for cooperatives to finance
agricultural exports, and for other purposes.
H.R. 4653. An Act to settle Indian land claims within the
State of Connecticut, and for other purposes.
[[Page 2499]]
H.R. 4950. An Act to extend the authorities of the Overseas
Private Investment Corporation, and for other purposes.
H.R. 4217. An Act to reform the Federal crop insurance
program, and for other purposes.
On October 13, 1994:
H.R. 5116. An Act to amend title 11 of the United States
Code.
On October 14, 1994:
H.R. 4361. An Act to amend chapter 63 of title 5, United
States Code, to provide that an employee of the Federal
Government may use sick leave to attend to the medical needs
of a family member, and for other purposes.
H.R. 5053. An Act to authorize the Secretary of Agriculture
to extend for one year Water Bank Act agreements that are due
to expire on December 31, 1994.
H.R. 5155. An Act to authorize the transfer of naval
vessels to certain foreign countries.
On October 18, 1994:
H.J. Res. 425. Joint resolution providing for the convening
of the First Session of the One Hundred Fourth Congress.
H.R. 512. An Act to amend chapter 87 of title 5, United
States Code, to provide that group life insurance benefits
under such chapter may, upon application, be paid out to an
insured individual who is terminally ill; to provide for
continuation of health benefits coverage for certain
individuals enrolled in health benefits plans administered by
the Office of the Comptroller of the Currency or the Office
of Thrift Supervision; and for other purposes.
H.R. 783. An Act to amend title III of the Immigration and
Nationality Act to make changes in the laws relating to
nationality and naturalization.
H.R. 808. An Act for the relief of James B. Stanley.
H.R. 6. An Act to extend for five years the authorizations
of appropriations for the programs under the Elementary and
Secondary Education Act of 1965, and for other purposes.
H.R. 2056. An Act to redesignate the Post Office building
located at 600 Princess Anne Street in Fredericksburg,
Virginia, as the ``Samuel E. Perry Post Office Building''.
H.R. 2135. An Act to provide for a National Native American
Veterans' Memorial.
H.R. 2266. An Act for the relief of Orlando Wayne
Naraysingh.
H.R. 2294. An Act to redesignate the Post Office building
located at 1000 Lamar Street in Wichita Falls, Texas, as the
``Graham B. Purcell, Jr. Post Office Building''.
H.R. 2411. An Act for the relief of Leteane Clement
Monatsi.
H.R. 2440. An Act to amend the Independent Safety Board Act
of 1974 to authorize appropriations for fiscal years 1994,
1995, and 1996, and for other purposes.
H.R. 2970. An Act to reauthorize the Office of Special
Counsel, and for other purposes.
H.R. 4896. An Act to grant the consent of the Congress to
the Kansas-and Missouri Metropolitan Culture District
Compact.
H.R. 4192. An Act to designate the United States Post
Office building located at 3000 Veterans Drive in Saint
Thomas, Virgin Islands, as the ``Arturo R. Watlington, Sr.
Post Office''.
H.R. 4833. An Act to reform the management of Indian Trust
Funds, and for other purposes.
H.R. 4535. An Act to amend the Security Exchange Act of
1934 with respect to the extension of unlisted trading
privileges for corporate securities, and for other purposes.
H.R. 4924. An Act to assist in the conservation of
rhinoceros and tigers by supporting and providing financial
resources for the conservation programs of nations whose
activities directly or indirectly affect rhinoceros and tiger
populations, and of the CITES Secretariat.
H.R. 4842. An Act to specify the terms of contracts entered
into by the United States and Indian tribal organizations
under the Indian Self-Determination and Educational
Assistance Act and to provide for tribal Self-Governance, and
for other purposes.
H.R. 4922. An Act to amend title 18, United States Code, to
make clear a telecommunications carrier's duty to cooperate
in the interception of communications for law enforcement
purposes, and for other purposes.
H.R. 5116. An Act to amend title 11 of the United States
Code.
H.R. 5034. An Act to make certain technical amendments
relating to the State Department Basic Authorities Act of
1956, the United States Information and Educational Exchange
Act of 1948, and other provisions of law.
H.R. 4778. An Act to codify without substantive change
recent laws related to transportation and to improve the
United States Code.
H.R. 5084. An Act to amend title 13, United States Code, to
improve the accuracy of census address lists, and for other
purposes.
H.R. 4867. An Act to authorize appropriations for high-
speed rail transportation, and for other purposes.
H.R. 5176. An Act to amend the Federal Water Pollution
Control Act relating to San Diego ocean discharge and waste
water reclamation.
H.R. 5252. An Act to amend the Social Security Act and
related Acts to make miscellaneous and technical amendments,
and for other purposes.
H.R. 5244. An Act to amend title 38, United States Code, to
revise and improve veterans' benefits programs, and for other
purposes.
H.R. 3678. An Act to authorize the Secretary of the
Interior to negotiate agreements for the use of Outer-
Continental Shelf sand, gravel, and shell resources.
H.R. 4455. An Act to authorize the Export-Import Bank of
the United States to provide financing for the export of
nonlethal defense articles and defense services the primary
end use of which will be for civilian purposes.
H.R. 4196. An Act to ensure that timber-dependent
communities adversely affected by the Forest Plan for a
Sustainable Economy and a Sustainable Environment qualify for
loans and grants from the Rural Development Administration.
H.R. 3499. An Act to amend the Defense Department Overseas
Teachers Pay and Personnel Practices Act.
H.R. 5246. An Act to amend the Foreign Assistance Act of
1961 to make certain corrections relating to international
narcotics control activities, and for other purposes.
H.R. 3313. An Act to amend title 38, United States Code, to
extend certain expiring veterans' health care programs, and
for other purposes.
On October 24, 1994:
H.R. 3050. An Act to expand the boundaries of the Red Rock
Canyon National Conservation Area.
H.R. 3059. An Act to establish a National Maritime Heritage
Program to make grants available for educational programs and
the restoration of America's cultural resources for the
purpose of preserving America's endangered maritime heritage.
H.R. 4709. An Act to make certain technical corrections and
for other purposes.
H.R. 4598. An Act to direct the Secretary of the Interior
to make technical corrections to maps relating to the Coastal
Resources System, and to authorize appropriations to carry
put the Coastal Barrier Resources Act.
H.R. 4777. An Act to make technical improvements in the
United States Code by amending provisions to reflect the
current names of congressional committees.
H.R. 4814. An Act to grant the consent of the Congress to
amendments to the Central Midwest Interstate Low-level
Radioactive Waste Compact.
H.R. 4180. An Act to provide for the annual publication of
a list of federally recognized Indian tribes, and for other
purposes.
H.R. 4781. An Act to facilitate obtaining foreign-located
antitrust evidence by authorizing the Attorney General of the
United States and the Federal Trade Commission to provide, in
accordance with antitrust mutual assistance agreements,
antitrust evidence to foreign antitrust authorities on a
reciprocal basis; and for other purposes.
H.R. 5102. An Act to amend title 18, United States Code,
with respect to crimes relating to Congressional medals of
honor.
H.R. 5161. An Act to amend the Omnibus Budget
Reconciliation Act of 1993 to permit the prompt sharing of
timber sale receipts of the Forest Service and the Bureau of
Land Management.
H.R. 5220. An Act to provide for the acceptance by the
Secretary of Education of applications submitted by the local
educational agency serving the Window Rock Unified School
District, Window Rock, Arizona, under section 3 of the Act of
September 30, 1990 (Public Law 874, 81st Congress) for fiscal
years 1994 and 1995.
H.R. 4757. An Act to provide for the settlement of claims
of the Confederated Tribes of the Colville Reservation
concerning their contribution to the production of hydropower
by the Grand Coulee Dam, and for other purposes.
On October 25, 1994:
H.J. Res. 271. Joint resolution designating the month of
November in each of calendar years 1993 and 1994 as
``National American Indian Heritage Month''.
H.J. Res. 326. Joint resolution designating January 16,
1995, as ``National Good Teen Day''.
H.R. 1348. An Act to establish the Quinebaug and Shetucket
Rivers Valley National Heritage Corridor in the State of
Connecticut, and for other purposes.
H.R. 4497. An Act to award a congressional gold medal to
Rabbi Menachem Mendel Schneerson.
H.R. 3984. An Act to designate the building located at 216
Coleman Avenue in Waveland, Mississippi, for the period of
time during which it houses operations of the United States
Postal Service, as the ``John Longo, Jr. Post Office''.
H.R. 4193. An Act to designate the building located at 100
Vester Gade, in Cruz Bay, Saint Thomas, Virgin Islands, for
the period of time during which it houses operations of the
United States Postal Service, as the ``Ubaldina Simmons Post
Office''.
H.R. 4551. An Act to designate the United States Post
Office building located at 3012 West Lexington Street in
Independence, Missouri, as the ``William J. Randall Post
Office''.
H.R. 4571. An Act to designate the United States Post
Office building located at 103-104 Estate Richmond in Saint
Croix, Virgin Islands, as the ``Wilbert Armstrong Post
Office''.
H.R. 4595. An Act to designate the building located at 4021
Laclede in St. Louis, Missouri, for the period of time during
which it houses operations of the United States Postal
Service, as the ``Marian Oldham Post Office''.
H.R. 4967. An Act to designate the United States courthouse
located at 231 West Lafayette Street in Detroit, Michigan, as
the ``Theodore Levin United States Courthouse'' and to
designate the postal facility located at 1401 West Fort
Street in Detroit, Michigan, as the ``George W. Young Post
Office''.
H.R. 4452. An Act to designate the United States Post
Office building located at 115 North Chester in Ruleville,
Mississippi, as the ``Fannie Lou Hamer Post Office''.
[[Page 2500]]
H.R. 5200. An Act to resolve the 107th meridian boundary
dispute between the Crow Indian Tribe and the United States.
On November 1, 1994:
H.J. 390. Joint resolution designating September 17, 1994,
as ``Constitution Day''.
And then,
Para. 123.32 adjournment
On motion of Mr. KOPETSKI, pursuant to the provisions of House
Concurrent Resolution 315 and House Resolution 587, at 9 o'clock and 10
minutes p.m., the Second Session of the One Hundred Third Congress
adjourned sine die.
Para. 123.33 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
[Pursuant to the order of the House on October 7, 1994, the following
reports were filed on October 19, 1994:]
Mr. CONYERS: Committee on Government Operations. The
Section 8 Project-based Assistance Program: Waste and
Mismanagement (Rept. No. 103-859). Referred to the Committee
of the Whole House on the State of the Union.
Mr. CONYERS: Committee on Government Operations. Poison
Control Centers: On the Brink of Extinction (Rept. No. 103-
860). Referred to the Committee of the Whole House on the
State of the Union.
Mr. CONYERS: Committee on Government Operations. The
Administration and Enforcement of Employment Taxes--A Status
Report on Ideas for Change (Rept. No. 103-861). Referred to
the Committee of the Whole House on the State of the Union.
Mr. CONYERS: Committee on Government Operations. Financial
Management and CFO Act Reforms in the Department of Commerce
(Rept. No. 103-862). Referred to the Committee of the Whole
House on the State of the Union.
Mr. CONYERS: Committee on Government Operations. Misused
Science: The National Cancer Institute's Elimination of
Mammography Guidelines for Women in their Forties (Rept. No.
103-863). Referred to the Committee of the Whole House on the
State of the Union.
Mr. CONYERS: Committee on Government Operations. The
Milstar Communications System: Comprehensive Reevaluation
Needed (Rept. No. 103-864). Referred to the Committee of the
Whole House on the State of the Union.
Mr. CONYERS: Committee on Government Operations. World Food
Program: Funding and Management Improvements can Strengthen
Delivery of Food Aid (Rept. No. 103-865). Referred to the
Committee of the Whole House on the State of the Union.
Mr. CONYERS: Committee on Government Operations.
Uncertainty and Data Quality Problems Affecting Federal
Reserve Monetary Policy (Rept. No. 103-866). Referred to the
Committee of the Whole House on the State of the Union.
Mr. CONYERS: Committee on Government Operations. Trade With
Russia and the Newly Independent States [NIS] (Rept. No. 103-
867). Referred to the Committee of the Whole House on the
State of the Union.
Mr. CONYERS: Committee on Government Operations. Financial
Management in the Customs Service (Rept. No. 103-868).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. CONYERS: Committee on Government Operations. National
Aeronautics and Space Administration: Management Controls
Must Be Strengthened To Protect Taxpayers (Rept. No. 103-
869). Referred to the Committee of the Whole House on the
State of the Union.
Mr. CONYERS: Committee on Government Operations. Problems
Facing Minority and Women-Owned Small Businesses. Including
SBA Section 8(a) Firms, in Procuring U.S. Government
Contracts: An Interim Report (Rept. No. 103-870). Referred to
the Committee of the Whole House on the State of the Union.
Mr. BROOKS: Committee on the Judiciary. H.R. 4994. A bill
to apply the antitrust laws of the United States to major
league baseball, with an amendment (Rept. No. 103-871).
Referred to the Committee of the Whole House on the State of
the Union.
Para. 123.34 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. LaFALCE:
H.R. 5291. A bill to establish the Commission on the Review
of National Policies Toward Gambling; jointly, to the
Committees on the Judiciary National Resources, and Ways and
Means.
By Mr. DELLUMS:
H.R. 5292. A bill to amend the Defense Base Closure and
Realignment Act of 1990 to extend the deadline for the
submission of nominations for the Defense Base Closure and
Realignment Commission; to the Committee on Armed Services.
Considered and passed.
By Mr. BARRETT of Wisconsin:
H.R. 5293. A bill requiring that travel awards that accrue
by reason of official travel of a Member, officer, or
employee of the House of Representatives be used only with
respect to official travel; to the Committee on House
Administration.
By Mr. BILIRAKIS:
H.R. 5294. A bill to prohibit the provision of financial
assistance from the Federal Government to any person who is
more than 60 days delinquent in the payment of any child
support obligation; to the Committee on Government
Operations.
By Mr. DIAZ-BALART:
H.R. 5295. A bill to provide for the withholding of
contributions to certain organizations that assist Iraq,
Iran, Libya, and Cuba; to the Committee on Banking, Finance
and Urban Affairs.
H.R. 5296. A bill to oppose Cuba's admission as a member of
international financial institutions; to the Committee on
Banking, Finance and Urban Affairs.
H.R. 5297. A bill to deny visas to aliens involved with the
foreign expropriation of property of United States persons;
to the Committee on the Judiciary.
H.R. 5298. A bill to prohibit the importation into the
United States of sugar from countries that import sugar from
Cuba; to the Committee on Ways and Means.
By Mr. FRANKS of New Jersey (for himself, Mr. Frank of
Massachusetts, Mr. Zimmer, Mr. Torricelli, Mr. Payne
of New Jersey, Mr. Saxton, and Mr. Pallone):
H.R. 5299. A bill to amend the Internal Revenue Code of
1986 to phase out the tax subsidies for alcohol fuels
involving alcohol produced from feedstocks eligible to
receive Federal agricultural subsidies; to the Committee on
Ways and Means.
By Mr. MICHEL:
H.R. 5300. A bill to improve access to health insurance and
contain health care costs, and for other purposes; jointly,
to the Committees on Energy and Commerce Ways and Means,
Education and Labor, and the Judiciary.
By Mr. HAYES:
H.R. 5301. A bill to amend the Internal Revenue Code of
1986 to deny the earned income credit to illegal aliens and
to prevent fraudulent claims for the earned income credit; to
the Committee on Ways and Means.
H.R. 5302. A bill to promote portability of health
insurance by limiting discrimination in health coverage based
on health status or past claims experience; jointly, to the
Committees on Energy and Commerce and Education and Labor.
By Mr. HUGHES:
H.R. 5303. A bill to make technical corrections in the
Satellite Home Viewer Act of 1994; to the Committee on the
Judiciary.
By Mr. KLINK:
H.R. 5304. A bill to amend the Clean Air Act to modify
provisions relating to the redesignation of areas and motor
vehicle inspection and maintenance programs, and for other
purposes; to the Committee on Energy and Commerce.
By Mr. OBERSTAR:
H.R. 5305. A bill to amend title 49, United States Code,
relating to air carrier safety; to the Committee on Public
Works and Transportation.
By Mr. SAXTON (for himself, Mr. Gingrich, Mr. Armey,
Mr. Hunter, Mr. DeLay, Mr. Zimmer, Mr. Dreier, Mr.
Lightfoot, Mr. Walker, Mr. Doolittle, Mr. Hancock,
and Mr. Ramstad):
H.R. 5306. A bill to amend the Internal Revenue Code of
1986 to reduce individual income tax rates, and for other
purposes; to the Committee on Ways and Means.
By Mr. SCHUMER:
H.R. 5307. A bill to amend title 28, United States Code,
with respect to photographing, recording, and broadcasting
court proceedings; to the Committee on the Judiciary.
By Mr. SMITH of Michigan:
H.R. 5308. A bill to amend title II of the Social Security
Act to provide for a limitation on payment during any year of
old-age, wife's, and husband's insurance benefits, based on
the work record of an individual with higher levels of income
for such year, if total payments of such benefits have
exceeded prior contributions plus interest, and to adjust the
gradual increase in retirement age so as to commence with
calendar year 1996 and to reach age 68 for those who would
attain age 65 in or after calendar year 2031; to the
Committee on Ways and Means.
By Mr. THOMAS of California:
H.R. 5309. A bill to amend the Central Valley Project
Improvement Act to prohibit the restoration of certain flows
in the San Joaquin River; to the Committee on Natural
Resources.
By Mr. WASHINGTON:
H.R. 5310. A bill to eliminate Segregationist language from
the Second Morrill Act; to the Committee on Agriculture.
By Mr. GUTIERREZ:
H.J. Res. 429. A joint resolution designating May 26,
through 29, 1995, as ``Peruvian Institutions in the United
States of America Week''; to the Committee on Post Office and
Civil Service.
By Mr. PALLONE:
H. Con. Res. 318. A concurrent resolution expressing the
sense of the Congress relating to the slaughter of Greek
civilians in Kalavryta, Greece, during the Second World War;
to the Committee on Foreign Affairs.
By Mr. SABO (for himself and Mr. Torres):
H. Con. Res. 319. A concurrent resolution to express the
sense of Congress regarding regulation of mercury hazardous
waste, and for other purposes; to the Committee on Energy and
Commerce.
By Mr. MICHEL:
A resolution authorizing and directing the Speaker to
administer the oath of office to
[[Page 2501]]
the gentleman from Oklahoma, Mr. Steve Largent; considered
and agreed to.
H.Res. 586. A resolution that Members of the House express
their profound thanks and appreciation to the Honorable
Thomas S. Foley, Speaker of the House of Representatives for
the very fair and impartial manner with which he has presided
over our deliberations and performed the arduous duties of
the chair during his tenure as Speaker; considered and agreed
to.
By Mrs. ROUKEMA:
H. Res. 587. A resolution concerning the profound sorrow of
the death of the Honorable Dean A. Gallo, a Representative
from the State of New Jersey; considered and agreed to.
By Mr. MINETA:
H. Res. 588. A resolution amending the Rules of the House
of Representatives to provide for transition salary
continuation for certain committee staff; jointly, to the
Committees on Rules and House Administration.
By Mr. MURPHY:
H. Res. 589. A resolution to express my deep appreciation
and gratitude to my current and former staff members for
their loyalty, support and dedication to the Congress and the
residents of the 20th and 22nd Congressional Districts of
Pennsylvania during my 18 years as a member of the United
States House of Representatives; to the Committee on House
Administration.
Para. 123.35 memorials
Under clause 4 of the rule XXII, memorials were presented and referred
as follows:
496. By the SPEAKER: Memorial of the Assembly of the State
of California, relative to the Southwest Complex; to the
Committee on Armed Services.
497. Also, memorial of the Assembly of the State of
California, relative to the Martinez Job Creation and
Infrastructure Restoration Act of 1994; to the Committee on
Education and Labor.
498. Also, memorial of the Assembly of the State of
California, relative to special educating funding; to the
Committee on Education and Labor.
499. Also, memorial of the General Assembly of the
Commonwealth of Virginia, relative to the enactment of solid
waste flow control legislation that does not supplant the
Commonwealth's current flow control mechanism; to the
Committee on Energy and Commerce.
500. Also, memorial of the Assembly of the State of
California, relative to violence affecting the lives of young
children; to the Committee on Energy and Commerce.
501. Also, memorial of the Assembly of the State of
California, relative to the Republic of China on Taiwan; to
the Committee on Foreign Affairs.
502. Also, memorial of the Legislature of the State of
California, relative to Federal mandates; to the Committee on
Government Operations.
503. Also, memorial of the Senate of the Ninth Northern
Marianas Commonwealth Legislature of Mariana Islands,
relative to the Northern Marianas Delegate Act; to the
Committee on Natural Resources.
504. Also, memorial of the Assembly of the State of
California, relative to the Presidio National Park; to the
Committee on Natural Resources.
505. Also, memorial of the Legislature of the State of
California, relative to the Freedom of Access to Clinic
Entrances Act of 1993; to the Committee on the Judiciary.
506. Also, memorial of the House of Representatives of the
Commonwealth of Pennsylvania, relative to restating State
sovereignty; to the Committee on the Judiciary.
507. Also, memorial of the Assembly of the State of
California, relative to the NASA/Ames wind tunnel project; to
the Committee on Science, Space, and Technology.
508. Also, memorial of the House of Representatives of the
Commonwealth of Pennsylvania, relative to investigating
delays in filing claims with the Department of Veterans
Affairs; to the Committee on Veterans' Affairs.
509. Also, memorial of the Assembly of the State of
California, relative to Social Security; to the Committee on
Ways and Means.
510. Also, memorial of the House of Representatives of the
Commonwealth of Pennsylvania, relative to the
telecommunications services; jointly, to the Committees on
Energy and Commerce and the Judiciary.
511. Also, memorial to the Senate of the State of Texas,
relative to declassifying information relating to American
MIA's from the Korean War; jointly, to the Committees on
Government Operations, Foreign Affairs and the Permanent
Select Committee on Intelligence.
Para. 123.36 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 301: Mr. Barcia of Michigan.
H.R. 417: Mr. Hoekstra and Mrs. Meyers of Kansas.
H.R. 930: Mr. Canady.
H.R. 1330: Mr. Greenwood.
H.R. 1604: Mr. Barcia of Michigan.
H.R. 2019: Mr. Payne of New Jersey.
H.R. 2228: Mr. Rogers.
H.R. 2417: Mr. Richardson.
H.R. 2588: Mr. Andrews of New Jersey.
H.R. 2803: Mr. Shays.
H.R. 3179: Mr. Armey.
H.R. 3347: Mr. Richardson.
H.R. 3407: Mr. Mazzoli, Mr. Canady, Mrs. Lowey, Mr.
Hinchey, and Mr. Quinn.
H.R. 3472: Mr. Orton.
H.R. 4118: Mr. Engel.
H.R. 4636: Mr. Torkildsen.
H.R. 4708: Mr. Dellums.
H.R. 4714: Mr. Hunter and Mr. Rohrabacher.
H.R. 4831: Mr. Lewis of California.
H.R. 4997: Mr. Foglietta and Mr. Stokes.
H.R. 5006: Mr. Kolbe and Mr. Tucker.
H.R. 5015: Mr. Moran and Ms. Velazquez.
H.R. 5062: Mr. McHugh.
H.R. 5111: Mr. Orton, Mr. Price of North Carolina, Mr.
Hinchey, and Mr. Barca of Wisconsin.
H.R. 5141: Ms. Cantwell and Mr. Mineta.
H.R. 5159: Mr. Filner.
H.R. 5278: Ms. Eddie Bernice Johnson of Texas.
H.J. Res. 44: Mr. Duncan.
H.J. Res. 338: Ms. DeLauro.
H.J. Res. 362: Mr. Owens.
H.J. Res. 422: Mr. Mann, Ms. Slaughter, and Mr. Romero-
Barcelo.
H. Con. Res. 49: Mr. Shays.
H. Con. Res. 61: Mr. Oberstar and Mr. Miller of California.
H. Con. Res. 148: Mr. Clyburn, Mr. Torkildsen, and Mr.
Hutchinson.
H. Con. Res. 296: Mr. Faleomavaega, Mr. Durbin, Mr.
Fingerhut, Mr. Watt, Mr. Johnson of South Dakota, Ms. Pelosi,
Mr. Hughes, Mr. Saxton, Mr. Underwood, Ms. Furse, Mr. Porter,
Mrs. Maloney, and Mr. Hamilton.
H. Con. Res. 306: Ms. Pelosi, Mr. Markey, Mrs. Maloney, and
Ms. Woolsey.
H. Res. 43: Mr. Greenwood.
H. Res. 234: Mr. Wyden and Mr. Royce.
H. Res. 255: Mr. Camp.
H. Res. 271: Mr. Greenwood.
H. Res. 291: Mr. Hutchinson.
H. Res. 446: Mr. Bilirakis.
H. Res. 473: Mr. Orton.
H. Res. 527: Mr. Jacobs.
H. Res. 528: Mr. Jacobs.
H. Res. 545: Mr. Spence and Mr. Smith of Michigan.
Para. 123.37 petitions
Under clause 1 of rule XXII, petitions and papers were laid on the
Clerk's desk and referred as follows:
132. By the SPEAKER: Petition of the mayor of the city and
county of San Francisco, CA, relative to the reauthorization
of the Kennedy-Hatch Care Act; to the Committee on Energy and
Commerce.
133. Also, petition of the Bar Association of Puerto Rico,
relative to a resolution concerning the blockade of Cuba; to
the Committee on Foreign Affairs.
134. Also, petition of the city council of Middleburg
Heights, OH, relative to a resolution supporting H.R. 140 and
S. 993 to limit unfunded Federal mandates; to the Committee
on Government Operations.
135. Also, petition of the city council of Compton, CA,
relative to supporting H.R. 5128--The Federal Mandate
Accountability and Reform Act; to the Committee on Government
Operations.
136. Also, petition of Peter J. Cojanis, relative to the
GATT vote in the House; to the Committee on House
Administration.
137. Also, petition of the municipal assembly of Carolina,
PR, relative to censuring the expression of the Commissioner
of Puerto Rico in Washington, Carlos Romero Barcelo, about
the reputation of our political party leader, Hector Luis
Acevedo; to the Committee on Natural Resources.
138. Also, petition of Gregory D. Watson, Austin, TX,
relative to an amendment to the Constitution relative to the
power of States to conserve and regulate the exploration,
production, and distribution of their petroleum products,
water, sulphur, and all other minerals and natural resources;
to the Committee on the Judiciary.
139. Also, petition of the county board of commissioners,
Nye, NV, relative to support of the 10th amendment to the
Constitution; to the Committee on the Judiciary.
140. Also, petition of the city council of Compton, CA,
relative to supporting amendments to provide funding for
mandates included in the Welfare Reform Act--the President's
plan; to the Committee on Ways and Means.
141. Also, petition of Bruce A. Ackerman, New Haven, CT,
and John H. Jackson, Ann Arbor, MI, relative to the Uruguay
round negotiations; to the Committee on Ways and Means.
142. Also, petition of City Councilmember Hal Bernson, Los
Angeles, CA, relative to a proposed moratorium on
foreclosures of any property damaged in the Northridge
earthquake and other financial assistance measures; jointly,
to the Committees on Banking, Finance and Urban Affairs and
Ways and Means.
143. Also, petition of the Bar Association of Puerto Rico,
relative to a resolution rejecting the increasing
militarization of Puerto Rico; jointly, to the Committees on
Natural Resources and Armed Services.
144. Also, petition of the Bar Association of Puerto Rico,
relative to a resolution on Puerto Rican political prisoners;
jointly, to the Committees on Natural Resources and the
Judiciary.
145. Also, petition of the city council of Camarillo, CA,
relative to supporting National Unfunded Mandates Week and
Federal legislation to reduce the impacts of unfunded
mandates on local governments; jointly, to the Committees on
Post Office and Civil Service and Government Operations.
[[Page 2503]�MDBU��MDNM�]
.
PROCEEDINGS OF THE HOUSE
SUBSEQUENT TO SINE DIE ADJOURNMENT
SECOND SESSION, ONE HUNDRED THIRD CONGRESS
Para. 123.38 appointments by the speaker after sine die adjournment
Pursuant to the provisions of section 114(b) of Public Law 100-458,
and the order of the House of Friday, October 7, 1994, authorizing the
Speaker and the minority leader to appoint Commissions, Boards, and
Committees authorized by law or by the House, the Speaker, on Monday,
December 5, 1994, did reappoint to the Board of Trustees for the John C.
Stennis Center for Public Service Training and Development the following
member on the part of the House:
Mrs. Boggs, Louisiana, for a term of 6 years.
Pursuant to the provisions of section 4 of the Congressional Award
Act, section 803 of title 2, United States Code, and the order of the
House of Friday, October 7, 1994, authorizing the Speaker and the
minority leader to accept resignations and to make appointments
authorized by law or by the House, the Speaker, on Monday, December 5,
1994, did reappoint to the Congressional Award Board the following
members on the part of the House:
Mr. Eugene Moos, Washington, DC.
Mr. Thomas Hale Boggs, Jr., Washington, DC.
Ms. LaBrenda Garrett-Nelson, Washington, DC.
Pursuant to the provisions of section 491 of the Higher Education Act,
as amended by section 407 of Public Law 99-498, and the order of the
House of Friday, October 7, 1994, authorizing the Speaker and the
minority leader to appoint Commissions, Boards, and Committees
authorized by law or by the House, the Speaker on Monday, December 5,
1994, did appoint to the Advisory Committee on Student Financial
Assistance the following member on the part of the House:
Ms. Lola J. Finch, Pullman, WA.
Pursuant to the provisions of section 904(b) of Public Law 103-236 and
the order of the House of Friday, October 7, 1994, authorizing the
Speaker and the minority leader to accept resignations and to make
appointments authorized by law or by the House, the Speaker, on Monday,
December 5, 1994, did appoint to the Commission on Protecting and
Reducing Government Secrecy the following member on the part of the
House:
Mr. Maurice Sonnenberg, New York, NY.
Pursuant to the provisions of section 503(b)(3) of Public Law 103-
227, and the order of the House of Friday, October 7, 1994, authorizing
the Speaker and the minority leader to accept resignations and to make
appointments authorized by law or by the House, the Speaker on Monday,
December 5, 1994, did appoint to the National Skill Standards Board the
following members on the part of the House:
For 3-year terms:
Mr. James D. Burge, Washington, DC.
Mr. Kenneth R. Edwards, Rockville, MD.
Mr. William E. Weisgerber, Ionia, MI.
For 4-year terms:
Mr. Herbert J. Grover, Gresham, WI.
Ms. Carolyn Warner, Phoenix, AZ.
Mr. George H. Bliss III, Washington, DC.
Pursuant to the provisions of section 211(b)(F) of Public Law 101-
515, as amended by section 260001 of Public Law 103-322, and the order
of the House of Friday, October 7, 1994, authorizing the Speaker and
the minority leader to appoint Commissions, Boards, and Committees
authorized by law or by the House, the Speaker and the minority leader
on Monday, December 5, 1994, did jointly appoint to the National
Commission To Support Law Enforcement the following Member of the
House:
Ms. Slaughter, New York.
Pursuant to the provisions of section 211(b)(F) of Public Law 101-
515, as amended by section 260001 of Public Law 103-322, and the order
of the House of Friday, October 7, 1994, authorizing the Speaker and
the minority leader to appoint Commissions, Boards, and Committees
authorized by law or by the House, the Speaker on Friday, December 9,
1994, did appoint to the National Commission To Support Law Enforcement
the following member on the part of the House:
Mr. Sam Cabral, Burke, VA.
Pursuant to the provisions of section 303(a) of Public Law 103-3, and
the order of the House of Friday, October 7, 1994 authorizing the
Speaker and the minority leader to appoint commissions, boards and
committees authorized by law or by the House, the Speaker on Thursday,
December 22, 1994 did appoint to the Commission on Leave the following
Member of the House to fill the existing vacancy thereon:
Mrs. Schroeder of Colorado.
Pursuant to the provisions of section 270002 of Public Law 103-322,
and the order of the House of Friday, October 7, 1994 authorizing the
Speaker and the minority leader to appoint commissions, boards and
committees authorized by law or by the House, the Speaker on Thursday,
December 22, 1994, did appoint to the National Commission on Crime
Prevention and Control the following members on the part of the House:
Mr. Thomas F. Railsback, Moline, IL.
Mr. Werner, W. Brandt, Arlington, VA.
And on January 3, 1995 did also appoint:
Mr. Jeffrey A. Teitz, Newport, RI.
Mr. Larry Erickson, Spokane, WA.
Mr. Jonathan R. Yarowsky, Washington, DC.
Mr. Michael J. O'Neil, Oakton, VA.
Pursuant to the provisions of section 1 of 2 U.S.C. 154, as amended
by section 1 of Public Law 102-246, and the order of the House of
Friday, October 7, 1994 authorizing the Speaker and the minority leader
to accept resignations and to make appointments authorized by law or by
the House, the Speaker on Friday, December 23, 1994 did appoint to the
Library of Congress Trust Fund Board the following members on the part
of the House:
Mr. Peter Lynch, Boston, MA to fill the unexpired term of Mr. Robert
Rubin.
Mr. Thomas S. Foley, Washington, DC, to a 4-year term.
and on Tuesday, January 3, 1995 did also appoint:
Mr. Lawrence Tisch, New York, NY, to a 2-year term.
Para. 123.39 appointments after sine die adjournment--communications
from the minority leader
The text of the communication from the Minority Leader, the Honorable
Bob Michel, dated November 30, 1994, is as follows:
Office of the Republican Leader,
U.S. House of Representatives,
Washington, DC, November 30, 1994.
Hon. Thomas S. Foley,
Speaker, U.S. House of Representatives,
Washington, DC.
Dear Mr. Speaker: Pursuant to section 604 of Public Law
103-394, I hereby appoint the following individual to serve
as a member on the National Bankruptcy Review Commission:
M. Caldwell Butler of Roanoke, VA.
Sincerely,
Bob Michel,
Republican Leader.
The text of the communication from the Minority Leader, the Honorable
Bob Michel, dated December 2, 1994, is as follows:
Office of the Republican Leader,
U.S. House of Representatives,
Washington, DC, December 2, 1994.
Hon. Thomas S. Foley,
Speaker, U.S. House of Representatives,
Washington, DC.
Dear Mr. Speaker: Pursuant to section 4 of the
Congressional Award Act (2 U.S.C. 803), I hereby appoint the
following individuals to serve as members of the
Congressional Award Board:
Mr. Thomas A. Campbell of Alexandria, VA and
Ms. Candice Shy Hooper of Arlington, VA.
Sincerely,
Bob Michel,
Republican Leader.
The text of the communication from the Minority Leader, the Honorable
Bob Michel, dated December 8, 1994, is as follows:
[[Page 2504]]
Office of the Republican Leader,
U.S. House of Representatives,
Washington, DC, December 8, 1994.
Hon. Thomas S. Foley,
Speaker, U.S. House of Representatives,
Washington, DC.
Dear Mr. Speaker: Pursuant to section 902(a) of Public Law
103-359, I hereby appoint the following individuals to serve
on the Commission on the Roles and Capabilities of the United
States Intelligence Community:
Representative Porter Goss of Florida and
Mr. Robert E. Pursley of Stamford, CT.
Sincerely,
Bob Michel,
Republican Leader.
The text of the communication from the Minority Leader, the Honorable
Bob Michel, dated December 21, 1994, is as follows:
Office of the Republican Leader,
House of Representatives,
Washington, DC, December 21, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives
Washington, DC
Dear Mr. Speaker: Pursuant to Section 904(b) of Public Law
103-236, I hereby appoint the following individuals to the
Commission on Protecting and Reducing Government Secrecy:
Representative Larry Combest of Texas and Mr. Martin Faga of
Bethlehem, Pennsylvania.
Sincerely,
Bob Michel,
Republican Leader.
Para. 123.40 messages and communications received following the sine die
adjournment
communication from the honorable bob portman, member of congress--
subpoena
The text of the communication from the Honorable Bob Portman, Member
of Congress, dated November 30, 1994, is as follows:
Congress of the United States,
U.S. House of Representatives,
Washington, DC, November 30, 1994.
Hon. Thomas Foley,
Speaker of the House, H-204 of the Capitol, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to rule L (50) of the Rules of the House that I have been
served with a subpoena issued by the United States District
Court for the Southern District of Ohio for materials related
to a civil lawsuit.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
Bob Portman,
Representative.
communication from the clerk of the house
The text of the communication from the Honorable Donnald K. Anderson,
Clerk of the House, dated December 2, 1994, is as follows:
Office of the Clerk,
U.S. House of Representatives,
Washington, DC, December 2, 1994.
Hon. Thomas S. Foley,
The Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
clause 5 of rule III of the Rules of the U.S. House of
Representatives, the Clerk received the following message
from the Secretary of the Senate on Friday, December 2, 1994
at 9:55 a.m.: that the Senate passed without amendment H.R.
5110.
With great respect, I am
Sincerely yours,
Donnald K. Anderson, Clerk,
U.S. House of Representatives.
Para. 123.41 enrolled bill signed by the speaker after sine die
adjournment
Mr. ROSE, from the Committee on House Administration, reported that
that committee had examined and found truly enrolled a bill of the House
of the following title, which was signed by the Speaker:
H.R. 5110. An Act to approve and implement the trade
agreements concluded in the Uruguay round of multilateral
trade negotiations.
Para. 123.42 bill presented to the president
Mr. ROSE, from the Committee on House Administration, reported that
that committee did on the following date present to the President, for
his approval, a bill of the House of the following title:
On December 2, 1994:
H.R. 5110. An Act to approve and implement the trade
agreements concluded in the Uruguay round of multilateral
trade negotiations.
Para. 123.43 bills and joint resolutions approved by the president
The President, subsequent to the sine die adjournment of the Congress,
notified the Clerk of the House that on the following dates he had
approved and signed bills and joint resolutions of the following titles:
February 12, 1994
H.R. 3759, An Act making emergency supplemental
appropriations for the fiscal year ending September 30, 1994,
and for other purposes.
February 16, 1994
H.R. 1303, An Act to designate the Federal Building and
United States Courthouse located at 402 East State Street in
Trenton, New Jersey, as the ``Clarke S. Fisher Federal
Building and United States Courthouse''.
H.R. 2223, An Act to designate the Federal Building located
at 525 Griffin Street in Dallas, Texas, as the ``A. Maceo
Smith Federal Building''.
H.R. 2555, An Act to designate the Federal building located
at 100 East Fifth Street in Cincinnati, Ohio, as the ``Potter
Stewart United States Courthouse''.
H.R. 3186, An Act to designate the United States courthouse
located in Houma, Louisiana, as the ``George Arceneaux, Jr.,
United States Courthouse.''
H.R. 3356, An Act to designate the United States courthouse
under construction at 611 Broad Street, in Lake Charles,
Louisiana, as the ``Edwin Ford Hunter, Jr., United States
Courthouse''.
March 9, 1994
H.R. 2339, An Act to revise and extend the programs of the
Technology-Related Assistance for Individuals With
Disabilities Act of 1988, and for other purposes.
H.R. 3617, An Act to amend the Everglades National Park
Protection and Expansion Act of 1989, and for other purposes.
March 30, 1994
H.R. 3345, An Act to provide temporary authority to
Government agencies relating to voluntary separation
incentive payments, and for other purposes.
March 31, 1994
H.R. 1804, An Act to improve learning and teaching by
providing a national framework for education reform; to
promote the research, consensus building, and systemic
changes needed to ensure equitable educational opportunities
and high levels of educational achievement for all students;
to provide a framework for reauthorization of all Federal
education programs; to promote the development and adoption
of a voluntary national system of skill standards and
certifications; and for other purposes.
H.R. 4122, An Act to temporarily extend certain provisions
of the Marine Mammal Protection Act.
April 6, 1994
H.J. Res. 329, Joint Resolution designating March 23, 1994,
as ``Education and Sharing Day, U.S.A.''.
April 30, 1994
H.R. 2333, An Act to authorize appropriations for the
Department of State, the United States Information Agency,
and related agencies, and for other purposes.
H.R. 4066, An Act to suspend temporarily the duty on the
personal effects of participants in, and certain other
individuals associated with, the 1994 World Cup Soccer Games,
the 1994 World Rowing Championships, the 1995 Special
Olympics World Games, the 1996 Summer Olympics, and the 1996
Paralympics.
May 4, 1994
H.R. 821, An Act to amend title 38, United States Code, to
extend eligibility for burial in national cemeteries to
persons who have 20 years of service creditable for retired
pay as members of a reserve component of the Armed Forces and
to their dependents.
H.R. 2884. An Act to establish a national framework for the
development of School-to-Work Opportunities systems in all
States, and for other purposes.
H.R. 3693. An Act to designate the United States Courthouse
under construction in Denver, Colorado, as the ``Byron White
United States Courthouse''.
may 16, 1994
H.J. Res. 239. Joint Resolution to authorize the President
to proclaim September 1994 as ``Classical Music Month''.
H.R. 4204. An Act to designate the Federal building located
at 711 Washington Street in Boston, Massachusetts, as the
``Jean Mayer Human Nutrition Research Center on Aging''.
may 19, 1994
H.R. 1134. An Act to provide for the transfer of certain
public lands located in Clear Creek County, Colorado, to the
Forest Service, the State of Colorado, and certain local
governments in the State of Colorado, and for other purposes.
H.R. 1727. An Act to establish a program of grants to
States for arson research, prevention, and control, and for
other purposes.
may 25, 1994
H.J. Res. 303. Joint Resolution to designate June 6, 1994,
as ``D-Day National Remembrance Day''.
H.R. 2868. An Act to designate the Federal building located
at 600 Camp Street in New Orleans, Louisiana, as the ``John
Minor Wisdom United States Court of Appeals Building'', and
for other purposes.
may 31, 1994
H.R. 2139. An Act to authorize appropriations for the
National Historical Publications and Records Commission for
fiscal years 1994, 1995, 1996, and 1997.
june 10, 1994
H.R. 3863. An Act to designate the Post Office building
located at 401 E. South Street
[[Page 2505]]
in Jackson, Mississippi, as the ``Medgar Wiley Evers Post
Office''.
june 13, 1994
H.R. 1632. An Act to amend title 11, District of Columbia
Code, and Part C of title IV of the District of Columbia
Self-Government and Governmental Reorganization Act to remove
gender-specific references.
june 16, 1994
H.R. 965. An Act to provide for toy safety and for other
purposes.
june 28, 1994
H.R. 3676. An Act to amend the District of Columbia Spouse
Equity Act of 1988 to provide for coverage of the former
spouses of judges of the District of Columbia courts.
H.R. 4205. An Act to amend title 11, D.C. Code, to clarify
that blind individuals are eligible to serve as jurors in the
Superior Court of the District of Columbia.
july 5, 1994
H.R. 1183. An Act to validate conveyance of certain lands
in the State of California that form part of the right-of-way
granted by the United States to the Central Pacific Railway
Company.
H.R. 1758. An Act to revise, codify, and enact without
substantive change certain general and permanent laws,
related to transportation, as subtitles II, III, and V-X of
title 49, United States Code, ``Transportation'', and to make
other technical improvements in the Code.
H.R. 2559. An Act to designate the Federal building located
at 601 East 12th Street in Kansas City, Missouri, as the
``Richard Bolling Federal Building'' and the United States
Courthouse located at Ninth and Locust Streets, in Kansas
City, Missouri, as the ``Charles Evans Whittaker United
States Courthouse''.
H.R. 3724. An Act to designate the United States courthouse
located in Bridgeport, Connecticut, as the ``Brien McMahon
Federal Building''.
H.R. 4568. An Act making supplemental appropriations for
the Department of Housing and Urban Development for the
fiscal year ending September 30, 1994, and for other
purposes.
H.R. 4581. An Act to provide for the imposition of
temporary fees in connection with the handling of complaints
of violations of the Perishable Agricultural Commodities Act,
1930.
H.R. 4635. An Act to extend the Export Administration Act
of 1979.
July 21, 1994
H.R. 3567. An Act to amend the John F. Kennedy Center Act
to transfer operating responsibilities to the Board of
Trustees of the John F. Kennedy Center for the Performing
Arts, and for other purposes.
July 22, 1994
H.R. 4322. An Act to amend the Small Business Act to
increase the authorization for the development company
program, and for other purposes.
H.R. 4454. An Act making appropriations for the Legislative
Branch for the fiscal year ending September 30, 1995, and for
other purposes.
August 1, 1994
H.R. 572. An Act for the relief of Melissa Johnson.
H.R. 1346. An Act to designate the Federal building located
on St. Croix, Virgin Islands, as the ``Almeric L. Christian
Federal Building''.
H.R. 1873. An Act to require certain payments made to
victims of Nazi persecution to be disregarded in determining
eligibility for the amount of benefits or services based on
need.
H.R. 2532. An Act to designate the Federal building and
United States courthouse in Lubbock, Texas, as the ``George
H. Mahon Federal Building and United States Courthouse''.
H.R. 3770. An Act to designate the United States courthouse
located at 940 Front Street in San Diego, California, and the
Federal building attached to the courthouse as the ``Edward
J. Schwartz Courthouse and Federal Building''.
H.R. 3840. An Act to designate the Federal building and
United States courthouse located at 100 East Houston Street
in Marshall, Texas, as the ``Sam B. Hall, Jr. Federal
Building and United States Courthouse''.
August 11, 1994
H.R. 374. Joint Resolution designating August 2, 1994, as
``National Neighborhood Crime Watch Day.''
H.R. 2457. An Act to direct the Secretary of the Interior
to conduct a salmon captive broodstock program.
August 12, 1994
H.R. 4429. An Act to authorize the transfer of naval
vessels to certain foreign countries.
August 15, 1994
H.R. 4277. An Act to establish the Social Security
Administration as an independent agency and to make other
improvements in the old-age survivors, and disability
insurance program.
August 16, 1994
H.R. 868. An Act to strengthen the authority of the Federal
Trade Commission to protect consumers in connection with
sales made with a telephone, and for other purposes.
August 19, 1994
H.R. 4790. An Act to designate the United States courthouse
under construction in St. Louis, Missouri, as the ``Thomas F.
Eagleton United States Courthouse''.
August 23, 1994
H.J.Res. 131. Joint Resolution designating December 7 of
each year as ``National Pearl Harbor Remembrance Day''.
H.J.Res. 175. Joint Resolution designating October 1994 as
``Italian-American Heritage and Culture Month''.
H.R. 1426. An Act to provide for the maintenance of dams
located on Indian lands by the Bureau of Indian Affairs or
through contracts with Indian tribes.
H.R. 1631. An Act to amend title 11, District of Columbia
Code, to increase the maximum amount in controversy permitted
for cases under the jurisdiction of the Small Claims and
Conciliation Branch of the Superior Court of the District of
Columbia.
H.R. 1933. An Act to authorize appropriations for the
Martin Luther King, Jr. Federal Holiday Commission, to extend
such Commission, and to support the planning and performance
of national service opportunities in conjunction with the
Federal legal holiday honoring the birthday of Martin Luther
King, Jr.
H.R. 2739. An Act to amend the Airport and Airway
Improvement Act of 1982 to authorize appropriations for
fiscal years 1994, 1995, and 1996, and for other purposes.
H.R. 4426. An Act making appropriations for foreign
operations, export financing, and related programs for the
fiscal year ending September 30, 1995, and making
supplemental appropriations for such programs for the fiscal
year ending September 30, 1994, and for other purposes.
H.R. 4453. An Act making appropriations for military
construction for the Department of Defense for the fiscal
year ending September 30, 1995, and for other purposes.
August 25, 1994
H.R. 4812. An Act to direct the Administrator of General
Services to acquire by transfer the Old U.S. Mint in San
Francisco, California, and for other purposes.
August 26, 1994
H.R. 2178. An Act to amend the Hazardous Materials
Transportation Act to authorize appropriations for fiscal
years 1994, 1995, 1996, and 1997, and for other purposes.
H.R. 2243. An Act to amend the Federal Trade Commission Act
to extend the authorization of appropriations in such Act,
and for other purposes.
H.R. 2815. An Act to designate a portion of the Farmington
River in Connecticut as a component of the National Wild and
Scenic Rivers System.
H.R. 2942. An Act to designate certain lands in the
Commonwealth of Virginia as the George Washington National
Forest Mount Pleasant Scenic Area.
H.R. 2947. An Act to amend the Commemorative Works Act, and
for other purposes.
H.R. 3197. An Act to redesignate the postal facility
located at 2100 North 13th Street in Reading, Pennsylvania,
as the ``Gus Yatron Postal Facility''.
H.R. 4506. An Act making appropriations for energy and
water development for the fiscal year ending September 30,
1995, and for other purposes.
H.R. 4603. An Act making appropriations for the Departments
of Commerce, Justice, and State, the Judiciary, and related
agencies programs for the fiscal year ending September 30,
1995, and making supplemental appropriations for these
departments and agencies for the fiscal year ending September
30, 1994, and for other purposes.
September 13, 1994
H.R. 3355. An Act to control and prevent crime.
September 23, 1994
H.R. 3474. An Act to reduce administrative requirements for
insured depository institutions to the extent consistent with
safe and sound banking practices, to facilitate the
establishment of community development financial
institutions, and for other purposes.
september 28, 1994
H.R. 4624. An Act making appropriations for the Department
of Veterans Affairs and Housing and Urban Development, and
for sundry independent agencies, boards, commissions,
corporations, and offices for the fiscal year ending
September 30, 1995, and for other purposes.
september 29, 1994
H.R. 3841. An Act to amend the Bank Holding Company Act of
1956, the Revised Statutes of the United States, and the
Federal Deposit Insurance Act to provide for interstate
banking and branching.
september 30, 1994
H.R. 4539. An Act making appropriations for the Treasury
Department, the United States Postal Service, the Executive
Office of the President, and certain Independent Agencies,
for the fiscal year ending September 30, 1995, and for other
purposes.
H.R. 4554. An Act making appropriations for Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies programs for the fiscal year ending September 30,
1995, and for other purposes.
H.R. 4556. An Act making appropriations for the Department
of Transportation and related agencies for the fiscal year
ending September 30, 1995, and for other purposes.
H.R. 4602. An Act making appropriations for the Department
of the Interior and related agencies for the fiscal year
ending September 30, 1995, and for other purposes.
H.R. 4606. An Act making appropriations for the Departments
of Labor, Health and Human Services, and Education, and
related agencies, for the fiscal year ending September 30,
1995, and for other purposes.
[[Page 2506]]
H.R. 4649. An Act making appropriations for the government
of the District of Columbia and other activities chargeable
in whole or in part against the revenues of said District for
the fiscal year ending September 30, 1995, and for other
purposes.
H.R. 4650. An Act making appropriations for the Department
of Defense for the fiscal year ending September 30, 1995, and
for other purposes.
october 3, 1994
H.R. 4190. An Act to designate the building located at 41-
42 Norre Gade in Saint Thomas, Virgin Islands, for the period
of time during which it houses operations of the United
States Postal Service, as the Alvaro de Lugo Post Office; and
to amend title 39, United States Code to make applicable with
respect to the United States Postal Service certain
exclusionary authority relating to the treatment of
reemployed annuitants under the civil service retirement
laws, and for other purposes.
october 6, 1994
H.J. Res. 363. Joint Resolution to designate October 1994
as ``Crime Prevention Month''.
H.R. 1779. An Act to designate the facility of the United
States Postal Service located at 401 South Washington Street
in Chillicothe, Missouri, as the ``Jerry L. Litton United
States Post Office Building'', and to authorize travel and
transportation expenses for certain Federal career
appointees, and for other purposes.
H.R. 2144. An Act to provide for the transfer of excess
land to the Government of Guam, and for other purposes.
H.R. 3679. An Act to authorize the Secretary of the
Interior to carry out a program to be known as the Junior
Duck Stamp Conservation and Design program, and for other
purposes.
H.R. 3839. An Act to designate the United States Post
Office building located at 220 South 40th Avenue in
Hattiesburg, Mississippi, as the ``Roy M. Wheat Post
Office''.
H.R. 4177. An Act to designate the United States Post
Office building located at 1601 Highway 35 in Middletown, New
Jersey, as the ``Candace White Post office''.
H.R. 4191. An Act to designate the United States Post
Office building located at 9630 Estate Thomas in Saint
Thomas, Virgin Islands, as the ``Aubrey C. Ottley Post
Office''.
H.R. 4230. An Act to amend the American Indian Religious
Freedom Act to provide for the traditional use of peyote by
Indians for religious purposes, and for other purposes.
H.R. 4569. An Act to extend and make amendments to the
President John F. Kennedy Assassination Records Collection
Act of 1992.
H.R. 4647. An Act to direct the Secretary of the Interior
to convey to the City of Imperial Beach, California,
approximately 1 acre of land in the Tijuana Slough National
Wildlife Refuge.
october 10, 1994
H.R. 5060. An Act to provide for the continuation of
certain fee collections for the expenses of the Securities
and Exchange Commission for fiscal year 1995.
october 13, 1994
H.R. 995. An Act to amend title 38, United States Code, to
improve reemployment rights and benefits of veterans and
other benefits of employment of certain members of the
uniformed services, and for other purposes.
H.R. 4217. An Act to reform the Federal crop insurance
program, and for other purposes.
october 14, 1994
H.J. Res. 389. Joint Resolution to designate the second
Sunday in October of 1994 as ``National Children's Day''.
H.J. Res. 398. Joint Resolution to establish the fourth
Sunday of July as ``Parents' Day''.
H.J. Res. 415. Joint Resolution designating the week
beginning October 16, 1994, as ``National Penny Charity
Week''.
H.R. 734. An Act to amend the Act entitled, ``An Act to
provide for the extension of certain Federal benefits,
services, and assistance to the Pascua Yaqui Indians of
Arizona, and for other purposes''.
H.R. 3694. An Act to amend title 5, United States Code, to
permit the garnishment of an annuity under the Civil Service
Retirement System or the Federal Employees' Retirement
System, if necessary to satisfy a judgment against an
annuitant for physically, sexually, or emotionally abusing a
child.
H.R. 4299. An Act to authorize appropriations for fiscal
year 1995 for intelligence and intelligence-related
activities of the United States Government, the Community
Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
H.R. 4543. An Act to designate the United States courthouse
to be constructed at 907 Richland Street in Columbia, South
Carolina, as the ``Matthew J. Perry, Jr. United States
Courthouse.''
october 18, 1994
H.R. 810. An Act for the relief of Elizabeth M. Hill.
october 19, 1994
H.J. Res. 401. Joint Resolution designating the months of
March 1995 and March 1996 as ``Irish-American Heritage
Month''.
H.J. Res. 417. Joint Resolution providing for temporary
extension of the application of the final paragraph of
section 10 of the Railway Labor Act with respect to the
dispute between the Soo Line Railroad Company and certain of
its employees.
H.R. 1520. An Act to amend the Petroleum Marketing
Practices Act.
H.R. 2826. An Act to provide for an investigation of the
whereabouts of the United States citizens and others who have
been missing from Cyprus since 1974.
H.R. 2902. An Act to amend the District of Columbia Self-
Government and Governmental Reorganization Act to reauthorize
the annual Federal payment to the District of Columbia for
fiscal year 1996, and for other purposes.
H.R. 3485. An Act to authorize appropriations for carrying
out the Earthquake Hazards Reduction Act of 1977 for fiscal
years 1995 and 1996.
H.R. 4308. An Act to authorize appropriations to assist in
carrying out the North American Wetlands Conservation Act for
fiscal years 1995 through 1998, and for other purposes.
H.R. 4379. An Act to amend the Farm Credit Act of 1971 to
enhance the ability of the banks for cooperatives to finance
agricultural exports, and for other purposes.
H.R. 4653. An Act to settle Indian land claims within the
State of Connecticut, and for other purposes.
H.R. 5155. An Act to authorize the transfer of naval
vessels to certain foreign countries.
October 20, 1994
H.R. 6. An Act to extend for five years the authorizations
of appropriations for the programs under the Elementary and
Secondary Education Act of 1965, and for certain other
purposes.
October 22, 1994
H.J. Res. 425. Joint Resolution providing for the convening
of the First Session of the One Hundred Fourth Congress.
H.R. 2135. An Act to provide for a National Native American
Veterans' Memorial.
H.R. 2266. An Act for the relief of Orlando Wayne
Naraysingh.
H.R. 2294. An Act to redesignate the Post Office building
located at 1000 Lamar Street in Wichita Falls, Texas, as the
``Graham B. Purcell, Jr. Post Office Building''.
H.R. 2411. An Act for the relief of Leteane Clement
Monatsi.
H.R. 4192. An Act to designate the United States Post
Office building located at 3000 Veterans Drive in Saint
Thomas, Virgin Islands, as the ``Arturo R. Watlington, Sr.
Post Office''.
H.R. 4278. An Act to make improvements in the old-age,
survivors, and disability insurance program under title II of
the Social Security Act.
H.R. 4361. An Act to amend chapter 63 of title 5, United
States Code, to provide that an employee of the Federal
Government may use sick leave to attend to the medical needs
of a family member, and for other purposes.
H.R. 4535. An Act to amend the Securities Exchange Act of
1934 with respect to the extension of unlisted trading
privileges for corporate securities, and for other purposes.
H.R. 4896. An Act to grant the consent of the Congress to
the Kansas and Missouri Metropolitan Culture District
Compact.
H.R. 4924. An Act to assist in the conservation of
rhinoceros and tigers by supporting and providing financial
resources for the conservation programs of nations whose
activities directly or indirectly affect rhinoceros and tiger
populations, and of the CITES Secretariat.
H.R. 4950. An Act to extend the authorities of the Overseas
Private Investment Corporation, and for other purposes.
H.R. 5053. An Act to authorize the Secretary of Agriculture
to extend for one year Water Bank Act agreements that are due
to expire on December 31, 1994.
H.R. 5116. An Act to amend title 11 of the United States
Code.
October 25, 1994
H.R. 512. An Act to amend chapter 87 of title 5, United
States Code, to provide that group life insurance benefits
under such chapter may, upon application, be paid out to an
insured individual who is terminally ill; to provide for
continuation of health benefits coverage for certain
individuals enrolled in health benefits plans administered by
the Office of the Comptroller of the Currency or the Office
of Thrift Supervision, and for other purposes.
H.R. 783. An Act to amend title III of the Immigration and
Nationality Act to make changes in the laws relating to
nationality and naturalization.
H.R. 808. An Act for the relief of James B. Stanley.
H.R. 2056. An Act to redesignate the Post Office building
located at 600 Princess Anne Street in Fredericksburg,
Virginia, as the ``Samuel E. Perry Post Office Building''.
H.R. 2440. An Act to amend the Independent Safety Board Act
of 1974 to authorize appropriations for fiscal years 1994,
1995, and 1996, and for other purposes.
H.R. 4833. An Act to reform the management of Indian Trust
Funds, and for other purposes.
H.R. 4842. An Act to specify the terms of contracts entered
into by the United States and Indian tribal organizations
under the Indian Self-Determination and Education Assistance
Act and to provide for tribal Self-Governance, and for other
purposes.
H.R. 4922. An Act to amend title 18, United States Code, to
make clear a telecommunications carrier's duty to cooperate
in the interception of communications for law enforcement
purposes, and for other purposes.
H.R. 5034. An Act to make certain technical amendments
relating to the State Department Basic Authorities Act of
1956, the United States Information and Educational Exchange
Act of 1948, and other provisions of law.
[[Page 2507]]
October 29, 1994
H.R. 2970. An Act to reauthorize the Office of Special
Counsel, and for other purposes.
October 31, 1994
H.R. 3499. An Act to amend the Defense Department Overseas
Teachers Pay and Personnel Practices Act.
H.R. 3678. An Act to authorize the Secretary of the
Interior to negotiate agreements for the use of Outer
Continental Shelf sand, gravel, and shell resources.
H.R. 4196. An Act to ensure that timber-dependent
communities adversely affected by the Forest Plan for a
Sustainable Economy and a Sustainable Environment qualify for
loans and grants from the Rural Development Administration.
H.R. 4455. An Act to authorize the Export-Import Bank of
the United States to provide financing for the export of
nonlethal defense articles and defense services the primary
end use of which will be for civilian purposes.
H.R. 4778. An Act to codify without substantive change
recent laws related to transportation and to improve the
United States Code.
H.R. 5084. An Act to amend title 13, United States Code, to
improve the accuracy of census address lists, and for other
purposes.
H.R. 5176. An Act to amend the Federal Water Pollution
Control Act relating to San Diego ocean discharge and waste
water reclamation.
H.R. 5252. An Act to amend the Social Security Act and
related Acts to make miscellaneous and technical amendments,
and for other purposes.
November 2, 1994
H.J. Res. 271. Joint Resolution designating the month of
November in each of calendar years 1993 and 1994 a ``National
American Indian Heritage Month''.
H.J. Res. 326. Joint Resolution designating January 16,
1995, as ``National Good Teen Day''.
H.R. 1348. An Act to establish the Ouinebaug and Shetuckert
Rivers Valley National Heritage Corridor in the State of
Connecticut, and for other purposes.
H.R. 3050. An Act to expand the boundaries of the Red Rock
Canyon National Conservation Area.
H.R. 3059. An Act to establish a National Maritime Heritage
Program to make grants available for educational programs and
the restoration of America's cultural resources for the
purpose of preserving America's endangered maritime heritage.
H.R. 3313. An Act to amend title 38, United States Code, to
extend certain expiring veterans' health care programs, and
for other purposes.
H.R. 3984. An Act to designate the building located at 216
Coleman Avenue in Waveland, Mississippi, for the period of
time during which it houses operations of the United States
Postal Service, as the ``John Longo, Jr. Post Office''.
H.R. 4180. An Act to provide for the annual publication of
a list of federally recognized Indian tribes, and for other
purposes.
H.R. 4193. An Act to designate the building located at 100
Vester Gade, in Cruz Bay, Saint Thomas, Virgin Islands, for
the period of time during which it houses operations of the
United States Postal Service, as the ``Ubaldina Simmons Post
Office''.
H.R. 4452. An Act to designate the United States Post
Office building located at 115 North Chester in Ruleville,
Mississippi, as the ``Fannie Lou Hamer Post Office''.
H.R. 4497. An Act to award a congressional gold medal to
Rabbi Menachem Mendel Schneerson.
H.R. 4551. An Act to designate the United States Post
Office building located at 301 West Lexington Street in
Independence, Missouri, as the ``William J. Randall Post
Office''.
H.R. 4571. An Act to designate the United States Post
Office building located at 103-104 Estate Richmond in Saint
Croix, Virgin Islands, as the ``Wilbert Armstrong Post
Office''.
H.R. 4595. An Act to designate the building at 4021 Laclede
in St. Louis, Missouri, for the period of time during which
it houses operations of the United States Postal Service, as
the ``Marian Oldham Post Office''.
H.R. 4598. An Act to direct the Secretary of the Interior
to make technical corrections to maps relating to the Coastal
Barrier Resources System, and to authorize appropriations to
carry out the Coastal Barrier Resources Act.
H.R. 4709. An Act to make certain technical corrections,
and for other purposes.
H.R. 4757. An Act to provide for the settlement of the
claims of the Confederated Tribes of the Colville Reservation
concerning their contribution to the production of hydropower
by the Grand Coulee Dam, and for other purposes.
H.R. 4777. An Act to make technical improvements in the
United States Code by amending provisions to reflect the
current names of congressional committees.
H.R. 4781. An Act to facilitate obtaining foreign-located
antitrust evidence by authorizing the Attorney General of the
United States and the Federal Trade Commission to provide, in
accordance with antitrust mutual assistance agreements,
antitrust evidence to foreign antitrust authorities on a
reciprocal basis; and for other purposes.
H.R. 4814. An Act to grant the consent of the Congress to
amendments to the Central Midwest Interstate Low-Level
Radioactive Waste Compact.
H.R. 4867, An Act to authorize appropriations for high-
speed rail transportation, and for other purposes.
H.R. 4967. An Act to designate the United States courthouse
located at 231 West Lafayette Street in Detroit, Michigan, as
the ``Theodore Levin United States Courthouse'' and to
designate the postal facility located at 1401 West Fort
Street in Detroit, Michigan, as the ``George W. Young Post
Office''.
H.R. 5102. An Act to amend title 18, United States Code,
with respect to certain crimes relating to Congressional
medals of honor.
H.R. 5161. An Act to amend the Omnibus Budget
Reconciliation Act of 1993 to permit the prompt sharing of
timber sale receipts of the Forest Service and the Bureau of
Land Management.
H.R. 5200. An Act to resolve the 107th meridian boundary
dispute between the Crow Indian Tribe and the United States.
H.R. 5220. An Act to provide for the acceptance by the
Secretary of Education of applications submitted by the local
educational agency serving the Window Rock Unified School
District, Window Rock, Arizona, under section 3 of the Act of
September 30, 1950 (Public Law 874, 81st Congress) for fiscal
years 1994 and 1995.
H.R. 5244. An Act to amend title 38, United States Code, to
revise and improve veterans' benefits programs, and for other
purposes.
H.R. 5246. An Act to amend the Foreign Assistance Act of
1961 to make certain corrections relating to international
narcotics control activities, and for other purposes.
november 9, 1994
H.J. Res. 390. Joint Resolution designating September 17,
1994, as ``Constitution Day''.
On December 8, 1994
H.R. 5110. An Act to approve and implement the trade
agreements concluded in the Uruguay round of multilateral
trade negotiations.
Para. 123.44 senate bills and joint resolutions approved by the
president
The President, subsequent to the sine die adjournment of the Congress,
notified the Clerk of the House that on the following dates he had
approved and signed bills and joint resolutions of the Senate of the
following titles:
february 22, 1994
S.J.Res. 119, Joint Resolution to designate the month of
March 1994 as ``Irish-American Heritage Month''.
march 17, 1994
S. 1789. An Act to amend title 23, United States Code, to
permit the use of funds under the highway bridge replacement
and rehabilitation program for seismic retrofit of bridges,
and for other purposes.
march 24, 1994
S.J. Res. 56. Joint Resolution to designate the week
beginning April 11, 1994, as ``National Public Safety
Telecommunications Week''.
S.J. Res. 162. Joint Resolution designating March 25, 1994,
as ``Greek Independence Day: A National Day of Celebration of
Greek and American Democracy''.
S.J. Res. 163. Joint Resolution to proclaim March 20, 1994,
as ``National Agriculture Day.''
S.J. Res. 171. Joint Resolution to designate March 20
through March 26, 1994, as ``Small Family Farm Week''.
march 25, 1994
S. 1926. An Act to amend the Food Stamp Act of 1977 to
modify the requirements relating to monthly reporting and
staggered issuance of coupons for households residing on
Indian reservations, to ensure adequate access to retail food
stores by food stamp households, and to maintain the
integrity of the food stamp households, and to maintain the
integrity of the food stamp program, and for other purposes.
april 6, 1994
S. 1284. An Act to amend the Developmental Disabilities
Assistance and Bill of Rights Act to modify certain
provisions relating to programs for individuals with
developmental disabilities, Federal assistance for priority
area activities for individuals with developmental
disabilities, protection and advocacy of individual rights,
university affiliated programs, and projects of national
significance, and for other purposes.
S. 1913. An Act to extend certain compliance dates for
pesticide safety training and labeling requirements.
april 11, 1994
S. 476. An Act to reauthorize and amend the National Fish
and Wildlife Foundation Establishment Act, and for other
purposes.
S. 1299. An Act to amend section 203 of the Housing and
Community Development Amendments of 1978 to provide for the
disposition of multifamily properties owned by the Secretary
of Housing and Urban Development, to provide for other
reforms in programs administered by the Secretary, and to
make certain technical amendments, and for other purposes.
april 14, 1994
S. 1206. An Act to redesignate the Federal building at 380
Trapelo Road in Waltham, Massachusetts, as the ``Frederick C.
Murphy Federal Center''.
april 28, 1994
S. 2004. An Act to extend until July 1, 1998, the exemption
from ineligibility based on a high default rate for certain
institutions of higher education.
april 30, 1994
S. 1636. An Act to authorize appropriations for the Marine
Mammal Protection Act of
[[Page 2508]]
1972 and to improve the program to reduce the incidental
taking of marine mammals during the course of commercial
fishing operations, and for other purposes.
may 4, 1994
S. 375. An Act to amend the Wild and Scenic Rivers Act by
designating a segment of the Rio Grande in New Mexico as a
component of the National Wild and Scenic Rivers System, and
for other purposes.
S. 1574. An Act to authorize appropriations for the Coastal
Heritage Trail Route in the State of New Jersey, and for
other purposes.
S.J. Res. 143. Joint Resolution providing for the
appointment of Frank Anderson Shrontz as a citizen regent of
the Board of Regents of the Smithsonian Institution.
S.J. Res. 144. Joint Resolution providing for the
appointment of Manuel Luis Ibanez as a citizen regent of the
Board of Regents of the Smithsonian Institution.
S.J. Res. 150. Joint Resolution to designate the week of
May 2 through May 8, 1994, as ``Public Service Recognition
Week''.
may 6, 1994
S. 2005. An Act to make certain technical corrections, and
for other purposes.
may 11, 1994
S. 1930. An Act to amend the Consolidated Farm and Rural
Development Act to improve the administration of claims and
obligations of the Farmers Home Administration, and for other
purposes.
may 16, 1994
S.J. Res. 146. Joint Resolution designating May 1, 1994,
through May 7, 1994, as ``National Walking Week''.
may 18, 1994
S. 2000. An Act to authorize appropriations to carry out
the Head Start Act, the Community Services Block Grant Act,
and the Low-Income Home Energy Assistance Act of 1981, and
for other purposes.
may 19, 1994
S. 341. An Act to provide for a land exchange between the
Secretary of Agriculture and Eagle and Pitkin Counties in
Colorado, and for other purposes.
may 25, 1994
S.J. Res. 168. Joint Resolution designating May 11, 1994,
as ``Vietnam Human Rights Day''.
may 26, 1994
S. 636. An Act to amend title 18, United States Code, to
assure freedom of access to reproductive services.
S. 2024. An Act to provide temporary obligational authority
for the airport improvement program and to provide for
certain airport fees to be maintained at existing levels for
up to 60 days, and for other purposes.
S. 2087. An Act to extend the time period for compliance
with the Nutrition Labeling and Education Act of 1990 for
certain products packaged prior to August 8, 1994.
may 31, 1994
S. 1654. An Act to make certain technical corrections.
S.J. Res. 179. Joint Resolution to designate the week of
June 12 through 19, 1994, as ``National Men's Health Week''.
june 30, 1994
S. 24. An Act to reauthorize the independent counsel law
for an additional 5 years, and for other purposes.
july 1, 1994
S. 1904. An Act to amend title 38, United States Code, to
improve the organization and procedures of the Board of
Veterans' Appeals.
july 20, 1994
S.J. Res. 187. Joint Resolution designating July 16 through
July 24, 1994, as ``National Apollo Anniversary Observance''.
july 22, 1994
S. 273. An Act to remove certain restrictions from a parcel
of land owned by the city of North Charleston, South
Carolina, in order to permit a land exchange, and for other
purposes.
S. 1402. An Act to convey a certain parcel of public land
to the County of Twin Falls, Idaho, for use as a landfill,
and for other purposes.
august 1, 1994
S. 537. An Act for the relief of Tania Gil Compton.
S. 832. An Act to designate the plaza to be constructed in
the Federal Triangle property in Washington, DC, as the
``Woodrow Wilson Plaza''.
S. 1880. An Act to provide that the National Education
Commission on Time and Learning shall terminate on September
30, 1994.
S.J. Res. 172. Joint Resolution designating May 29, 1995,
through June 6, 1995, as a ``Time for the National Observance
of the Fiftieth Anniversary of World War II''.
august 11, 1994
S.J. Res. 195. Joint Resolution to designate August 1,
1994, as ``Helsinki Human Rights Day''.
august 17, 1994
S. 1458. An Act to amend the Federal Aviation Act of 1958
to establish time limitations on certain civil actions
against aircraft manufacturers, and for other purposes.
august 18, 1994
S.J. Res. 204. Joint Resolution recognizing the American
Academy in Rome, an American overseas center for independent
study and advanced research, on the occasion of the 100th
anniversary of its founding.
august 19, 1994
S.J. Res. 178. Joint Resolution to proclaim the week of
October 16 through October 22, 1994, as ``National Character
Counts Week''.
august 26, 1994
S. 2099. An Act to establish the Northern Great Plains
Rural Development Commission, and for other purposes.
S.J. Res. 153. Joint Resolution to designate the week
beginning on November 20, 1994 and ending on November 26,
1994, as ``National Family Caregivers Week''.
S.J. Res. 196. Joint Resolution to designating September
16, 1994, as ``National POW/MIA Recognition Day'' and
authorizing display of the National League of Families POW/
MIA flag.
september 21, 1994
S. 1066. An Act to restore Federal services to the Pokagon
Band of Potawatomi Indians.
S. 1357. An Act to reaffirm and clarify the Federal
relationships of the Little Traverse Bay Bands of Odawa
Indians and the Little River Band of Ottawa Indians as
distinct federally recognized Indian tribes, and for other
purposes.
september 23, 1994
S. 859. An Act to reduce the restrictions on lands conveyed
by deed under the Act of June 8, 1926.
October 5, 1994
S. 2182. An Act to authorize appropriations for fiscal year
1995 for military activities of the Department of Defense,
for military construction, and for defense activities of the
Department of Energy, to prescribe personnel strengths for
such fiscal year for the Armed Forces, and for other
purposes.
October 6, 1994
S. 716. An Act to require that all Federal lithographic
printing be performed using ink made from vegetable oil and
materials derived from other renewable resources, and for
other purposes.
S. 1406. An Act to amend the Plant Variety Protection Act
to make such Act consistent with the International Convention
for the Protection of New Varieties of Plants of March 19,
1991, to which the United States is a signatory, and for
other purposes.
S. 1703. An Act to expand the boundaries of the Piscataway
Park, and for other purposes.
october 8, 1994
S.J. Res. 221. Joint Resolution to express the sense of the
Congress in Commemoration of the 75th anniversary of Grand
Canyon National Park.
october 13, 1994
S. 1587. An Act to revise and streamline the acquisition
laws of the Federal Government, and for other purposes.
S. 2170. An Act to provide a more effective, efficient, and
responsive Government.
october 14, 1994
S. 316. An Act to establish the Saguaro National Park in
the State of Arizona, and for other purposes.
S. 1233. An Act to resolve the status of certain lands in
Arizona that are subject to a claim as a grant of public
lands for railroad purposes, and for other purposes.
S.J. Res. 157. Joint Resolution to designate 1994 as ``The
Year of Gospel Music''.
S.J. Res. 185. Joint Resolution to designate October 1994
as ``National Breast Cancer Awareness Month''.
S.J. Res. 198. Joint Resolution designating 1995 as the
``Year of the Grandparent''.
october 18, 1994
S. 2406. An Act to amend title 17, United States Code,
relating to the definition of a local service area of a
primary transmitter, and for other purposes.
S.J. Res. 220. Joint Resolution to designate October 19,
1994, as ``National Mammography Day''.
october 19, 1994
S. 2475. An Act to authorize assistance to promote the
peaceful resolution of conflicts in Africa.
october 20, 1994
S. 922. An Act to provide that a State court may not modify
an order of another State court requiring the payment of
child support unless the recipient of child support payments
resides in the State in which the modification is sought or
consents to the seeking of the modification in that court.
October 22, 1994
S. 340. An Act to amend the Federal Food, Drug, and
Cosmetic Act to clarify the application of the Act with
respect to alternate uses of new animal drugs and new drugs
intended for human use, and for other purposes.
S. 455. An Act to amend title 31, United States Code, to
increase Federal payments to units of general local
governments for entitlement lands, and for other purposes.
S. 528. An Act to provide for the transfer of certain
United States Forest Service lands located in Lincoln County,
Montana, to Lincoln County in the State of Montana.
S. 720. An Act to clean up open dumps on Indian lands, and
for other purposes.
S. 1225. An Act to authorize and encourage the President to
conclude an agreement with Mexico to establish a United
States-Mexico Border Health Commission.
S. 1312. An Act to amend the Employee Retirement Income
Security Act of 1974 in order to provide for the availability
of remedies for certain former pension plan participants and
beneficiaries.
S. 1457. An Act to amend the Aleutian and Pribilof Islands
Restitution Act to increase authorization for appropriation
to compensate Aleut villages for church property lost,
damaged, or destroyed during World War II.
[[Page 2509]]
S. 2060. An Act to amend the Small Business Act and the
Small Business Investment Act of 1958, and for other
purposes.
S. 2073. An Act to designate the Warren B. Rudman United
States Courthouse, the Jamie L. Whitten Federal Building, and
the William H. Natcher Federal Building and United States
Courthouse.
S. 2395. An Act to designate the United States Courthouse
in Detroit, Michigan, as the ``Theodore Levin Courthouse'',
and for other purposes.
S. 2466. An Act to amend the Energy Policy and Conservation
Act to manage the Strategic Petroleum Reserve more
effectively, and for other purposes.
S. 2500. An Act to enable producers and feeders of sheep
and importers of sheep and sheep products to develop,
finance, and carry out a nationally coordinated program for
sheep and sheep product promotion, research, and information,
and for other purposes.
S.J. Res. 90. Joint Resolution to recognize the
achievements of radio amateurs, and to establish support for
such amateurs as national policy.
october 25, 1994
S. 784. An Act to amend the Federal Food, Drug, and
Cosmetic Act to establish standards with respect to dietary
supplements, and for other purposes.
S. 1927. An Act to amend title 38, United States Code, to
provide a cost-of-living adjustment in the rates of
disability compensation for veterans with service-connected
disabilities and the rates of dependency and indemnity
compensation for survivors of such veterans, to revise and
improve veterans' benefits programs, and for other purposes.
S. 2372. An Act to amend the United States Commission on
Civil Rights Act of 1983.
S. 2407. An Act to make improvements in the operation and
administration of the Federal courts, and for other purposes.
S. 2534. An Act to revise and improve the process for
disposing of buildings and property at military installations
under the base closure laws.
S.J. Res. 227. Joint Resolution approving the location of a
Thomas Paine Memorial and a World War II Memorial in the
Nation's Capital.
S.J. Res. 229. Joint Resolution regarding United States
policy toward Haiti.
october 31, 1994
S. 21. An Act to designate certain lands in the California
Desert as wilderness, to establish the Death Valley and
Joshua Tree National Parks, to establish the Mojave National
Preserve, and for other purposes.
S. 1146. An Act to provide for the settlement of water
rights claims of the Yavapai-Prescott Indian Tribe in Yavapai
County Arizona, and for other purposes.
november 2, 1994
S. 1614. An Act to amend the Child Nutrition Act of 1966
and the National School Lunch Act to promote healthy eating
habits for children and to extend certain authorities
contained in such Acts through fiscal year 1998, and for
other purposes.
Para. 123.45 reports of committees
Under clause 2 of rule XIII, the following reports were filed on the
following dates, with the Clerk for printing and reference as report of
the Second Session of the One Hundred Third Congress:
[Submitted Tuesday, December 13, 1994]
Mr. FORD of Michigan: Committee on Education and Labor.
Report of the Activities of the Committee on Education and
Labor during the 103d Congress (Rept. No. 103-872). Referred
to the Committee of the Whole House on the State of the
Union.
[Submitted December 15, 1994]
Mr. McDERMOTT: Committee on Standards of Official Conduct.
Report of the Summary of Activities of the Committee on
Standards of Official Conduct during the 103d Congress (Rept.
No. 103-873). Referred to the Committee of the Whole House on
the State of the Union.
[Submitted December 19, 1994]
Mr. SABO: Committee on the Budget. Activities and Summary
Report of the Committee on the Budget during the 103d
Congress (Rept. No. 103-874). Referred to the Committee of
the Whole House on the State of the Union.
Mr. GIBBONS: Committee on Ways and Means. Report on
legislative review activity during the 103d Congress of the
Committee on Ways and Means (Rept. No. 103-875). Referred to
the Committee of the Whole House on the State of the Union.
Mr. CLAY: Committee on Post Office and Civil Service.
Report of the Activities of the Committee on Post Office and
Civil Service during the 103d Congress (Rept. No. 103-876).
Referred to the Committee of the Whole House on the State of
the Union.
[Submitted December 22, 1994]
Mr. MINETA: Committee on Public Works and Transportation.
Summary of legislative activities of the Committee on Public
Works and Transportation, 103d Congress (Rept. No. 103-877).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. MONTGOMERY: Committee on Veterans' Affairs. Activities
report of the Committee on Veterans' Affairs, House of
Representatives, 103d Congress (Rept. No. 103-878). Referred
to the Committee of the Whole House on the State of the
Union.
[Submitted December 23, 1994]
Mr. GLICKMAN: Permanent Select Committee on Intelligence.
Report on the activities of the Permanent Select Committee on
Intelligence during the 103d Congress (Rept. No. 103-879).
Referred to the Committee of the Whole House on the State of
the Union.
[Submitted December 29, 1994]
Mr. HAMILTON: Committee on Foreign Affairs. Legislative
review activities of the Committee on Foreign Affairs during
the 103d Congress (Rept. No. 103-880). Referred to the
Committee of the Whole House on the State of the Union.
Mr. DELLUMS: Committee on Armed Services. Report of the
activities of the Committee on Armed Services for the 103d
Congress (Rept. No. 103-881). Referred to the Committee of
the Whole House on the State of the Union.
[Submitted January 2, 1995]
Mr. DINGELL: Committee on Energy and Commerce. Report on
the activities of the Committee on Energy and Commerce for
the 103d Congress (Rept. No. 103-882). Referred to the
Committee of the Whole House on the State of the Union.
Mr. BROOKS: Committee on the Judiciary. Report on the
activities of the Committee on the Judiciary during the 103d
Congress (Rept. No. 103-883). Referred to the Committee of
the Whole House on the State of the Union.
Mr. CONYERS: Committee on Government Operations. Report on
the activities of the Committee on Government Operations
during the 103d Congress (Rept. No. 103-884). Referred to the
Committee of the Whole House on the State of the Union.
Mr. LaFALCE: Committee on Small Business. Summary of
activities of the Committee on Small Business during the 103d
Congress (Rept. No. 103-885). Referred to the Committee of
the Whole House on the State of the Union.
Mr. de la GARZA: Committee on Agriculture. Report on
activities of the Committee on Agriculture during the 103d
Congress (Rept. No. 103-886). Referred to the Committee of
the Whole House on the State of the Union.
Mr. STUDDS: Committee on Merchant Marine and Fisheries.
Final report on the activities of the Committee on Merchant
Marine and Fisheries Committee, 103d Congress (Rept. No. 103-
887). Referred to the Committee of the Whole House on the
State of the Union.
Mr. BROWN of California: Committee on Science, Space, and
Technology. Summary of activities of the Committee on
Science, Space, and Technology (Rept. No. 103-888). Referred
to the Committee of the Whole House on the State of the
Union.
Mr. OBEY: Committee on Appropriations. Report on the
activities of the Committee on Appropriations (Rept. No. 103-
889). Referred to the Committee of the Whole House on the
State of the Union.
Mr. MILLER of California: Committee on Natural Resources.
Legislative and review activities of the Committee on Natural
Resources during the 103d Congress (Rept. No. 103-890).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. MOAKLEY: Committee on Rules. Survey of activities of
the House Committee on Rules, 103d Congress (Rept. No. 103-
891). Referred to the Committee of the Whole House on the
State of the Union.
Mr. GONZALEZ: Committee on Banking, Finance and Urban
Affairs. Summary of activities of the Committee on Banking,
Finance and Urban Affairs during the 103d Congress. (Rept.
No. 103-892). Referred to the Committee of the Whole House on
the State of the Union.
Mr. ROSE: Committee on House Administration. Report on the
Activities of the Committee on House Administration During
the 103d Congress (Rept. No. 103-893). Referred to the
Committee of the Whole House on the State of the Union.
[[Page 2511]]
.
RULES OF THE HOUSE OF REPRESENTATIVES
----------------------
ONE HUNDRED THIRD CONGRESS
Rule I
duties of the speaker
1. The Speaker shall take the Chair on every legislative day precisely
at the hour to which the House shall have adjourned at the last sitting
and immediately call the Members to order. The Speaker, having examined
the Journal of the proceedings of the last day's sitting and approved
the same, shall announce to the House his approval of the Journal, and
the Speaker's approval of the Journal shall be deemed to be agreed to
subject to a vote on agreeing to the Speaker's approval on the demand of
any Member, which vote, if decided in the affirmative, shall not be
subject to a motion to reconsider. It shall be in order to offer one
motion that the Journal be read only if the Speaker's approval of the
Journal is not agreed to, and such motion shall be determined without
debate and shall not be subject to a motion to reconsider.
2. He shall preserve order and decorum, and, in case of disturbance or
disorderly conduct in the galleries, or in the lobby, may cause the same
to be cleared.
3. He shall have general control, except as provided by rule or law,
of the Hall of the House, and of the corridors and passages and the
disposal of the unappropriated rooms in that part of the Capitol
assigned to the use of the House, until further order.
4. He shall sign all acts, addresses, joint resolutions, writs,
warrants, and subpoenas of, or issued by order of, the House and decide
all questions of order, subject to an appeal by any Member, on which
appeal no Member shall speak more than once, unless by permission of the
House. The Speaker is authorized to sign enrolled bills whether or not
the House is in session.
5. (a) He shall rise to put a question, but may state it sitting; and
shall put questions in this form, to wit: ``As many as are in favor (as
the question may be), say `Aye'.''; and after the affirmative voice is
expressed, ``As many as are opposed, say `No'.''; if he doubts, or a
division is called for, the House shall divide; those in the affirmative
of the question shall first rise from their seats, and then those in the
negative. If any Member requests a recorded vote and that request is
supported by at least one-fifth of a quorum, such vote shall be taken by
electronic device, unless the Speaker in his discretion orders clerks to
tell the names of those voting on each side of the question, and such
names shall be recorded by electronic device or by clerks, as the case
may be, and shall be entered in the Journal together with the names of
those not voting. Members shall have not less than fifteen minutes to be
counted from the ordering of the recorded vote or the ordering of clerks
to tell the vote.
(b)(1) On any legislative day whenever a recorded vote is ordered or
the yeas and nays are ordered, or a vote is objected to under clause 4
of rule XV on any of the following questions, the Speaker may, in his
discretion, postpone further proceedings on each such question to a
designated time or place in the legislative schedule on that legislative
day in the case of the question of agreeing to the Speaker's approval of
the Journal, or within two legislative days, in the case of the other
questions listed herein:
(A) the question of passing bills;
(B) the question of adopting resolutions;
(C) the question of ordering the previous question on privileged
resolutions reported from the Committee on Rules;
(D) the question of agreeing to conference reports;
(E) the question of agreeing to motions to suspend the rules; and
(F) the question of agreeing to motions to instruct conferees as
provided in clause 1(c) of rule XXVIII: Provided, however, That said
question shall not be put if the conference report on that measure has
been filed in the House.
(2) At the time designated by the Speaker for further consideration of
proceedings postponed under subparagraph (1), the Speaker shall put each
question on which further proceedings were postponed, in the order in
which that question was considered.
(3) At any time after the vote has been taken on the first question on
which the Speaker has postponed further proceedings under this
paragraph, the Speaker may, in his discretion, reduce to not less than
five minutes the period of time within which a roll call vote by
electronic device on the question may be taken without any intervening
business on any or all of the additional questions on which the Speaker
has postponed further proceedings under this paragraph.
(4) If the House adjourns before all of the questions on which further
proceedings were postponed under this paragraph have been put and
determined, then, on the next following legislative day the unfinished
business shall be the disposition of all such questions, previously
undisposed of, in the order in which the questions were considered.
6. He shall not be required to vote in ordinary legislative
proceedings, ex- cept where his vote would be decisive, or where the
House is engaged in voting by ballot; and in cases of a tie vote the
question shall be lost.
7. He shall have the right to name any Member to perform the duties of
the Chair, but such substitution shall not extend beyond three
legislative days, except that with the permission of the House he may
name a Member to act as Speaker pro tempore only to sign enrolled bills
and joint resolutions for a period of time specified in the designation,
notwithstanding any other provision of this clause: Provided, however,
That in case of his illness, he may make such appointment for a period
not exceeding ten days, with the approval of the House at the time the
same is made; and in his absence and omission to make such appointment,
the House shall proceed to elect a Speaker pro tempore to act during his
absence.
8. He shall have the authority to designate any Member, officer or
employee of the House of Representatives to travel on the business of
the House of Representatives, as determined by him, within or without
the United States, whether the House is meeting, has recessed or has
adjourned, and all expenses for such travel may be paid for from the
contingent fund of the House on vouchers solely approved and signed by
the Speaker. However, expenses may not be paid from the contingent fund
for travel of a Member after the date of the general election of Members
in which the Member has not been elected to the succeeding Congress, or
in the case of a Member who is not a candidate in such general election,
the earlier of the date of such general election or the adjournment sine
die of the last regular session of the Congress.
9. (a) He shall devise and implement a system subject to his direction
and control for closed circuit viewing of floor proceedings of the House
of Representatives in the offices of all Members and committees and in
such other places in the Capitol and the House Office Buildings as he
deems appropriate. Such system may include other telecommunications
functions as he deems appropriate. Any such telecommunications function
shall be subject to
[[Page 2512]]
rules and regulations issued by the Speaker.
(b)(1) He shall devise and implement a system subject to his direction
and control for complete and unedited audio and visual broadcasting and
recording of the proceedings of the House of Representatives. He shall
provide for the distribution of such broadcasts and recordings thereof
to news media, the storage of audio and video recordings of the
proceedings, and the closed captioning of the proceedings for hearing-
impaired individuals.
(2) All television and radio broadcasting stations, networks,
services, and systems (including cable systems) which are accredited to
the House radio and television correspondents' galleries, and all radio
and television correspondents who are accredited to the radio and
television correspondents' galleries shall be provided access to the
live coverage of the House of Representatives.
(3) No coverage made available under this clause nor any recording
thereof shall be used for any political purpose.
(4) Coverage made available under this clause shall not be broadcast
with commercial sponsorship except as part of bona fide news programs
and public affairs documentary programs. No part of such coverage or any
recording thereof shall be used in any commercial advertisement.
(c) He may delegate any of his responsibilities under this clause to
such legislative entity as he deems appropriate.
10. There is established in the House of Representatives an office to
be known as the Office of the Historian of the House of Representatives.
11. There is established in the House of Representatives an office to
be known as the Office of General Counsel for the purpose of providing
legal assistance and representation to the House. Legal assistance and
representation shall be provided without regard to political
affiliation. The Office of General Counsel shall function pursuant to
the direction of the Speaker, who shall consult with a Bipartisan Legal
Advisory Group, which shall include the majority and minority
leaderships. The Speaker shall appoint and set the annual rate of pay
for employees of the Office of General Counsel.
12. To suspend the business of the House for a short time when no
question is pending before the House, the Speaker may declare a recess
subject to the call of the Chair.
Rule II
election of officers
There shall be elected by a viva voce vote, at the commencement of
each Congress, to continue in office until their successors are chosen
and qualified, a Clerk, Sergeant-at-Arms, Doorkeeper, and Chaplain, each
of whom shall take an oath to support the Constitution of the United
States, and for the true and faithful discharge of the duties of his
office to the best of his knowledge and ability, and to keep the secrets
of the House; and each shall appoint all of the employees of his
department provided for by law. The Clerk, Sergeant-at-Arms, and
Doorkeeper may be removed by the House or by the Speaker.
Rule III
duties of the clerk
1. The Clerk shall, at the commencement of the first session of each
Congress, call the Members to order, proceed to call the roll of Members
by States in alphabetical order, and, pending the election of a Speaker
or Speaker pro tempore, preserve order and decorum, and decide all
questions of order subject to appeal by any Member.
2. He shall make and cause to be printed and delivered to each Member,
or mailed to his address, at the commencement of every regular session
of Congress, a list of the reports which it is the duty of any officer
or Department to make to Congress, referring to the act or resolution
and page of the volume of the laws or Journal in which it may be
contained, and placing under the name of each officer the list of
reports required of him to be made.
3. He shall note all questions of order, with the decisions thereon,
the record of which shall be printed as an appendix to the Journal of
each session; and complete, as soon after the close of the session as
possible, the printing and distribution to Members, Delegates, and the
Resident Commissioner from Puerto Rico of the Journal of the House,
together with an accurate and complete index; retain in the library at
his office, for the use of the Members, Delegates, the Resident
Commissioner from Puerto Rico and officers of the House, and not to be
withdrawn therefrom, two copies of all the books and printed documents
deposited there; send, at the end of each session, a printed copy of the
Journal thereof to the executive and to each branch of the legislature
of every State; deliver or mail to any Member, Delegate, or the Resident
Commissioner from Puerto Rico an extra copy, in binding of good quality,
of each document requested by that Member, Delegate, or the Resident
Commissioner which has been printed, by order of either House of the
Congress, in any Congress in which he served; attest and affix the seal
of the House to all writs, warrants, and subpoenas issued by order of
the House, certify to the passage of all bills and joint resolutions.
4. He shall, in case of temporary absence or disability, designate an
official in his office to sign all papers that may require the official
signature of the Clerk of the House, and to do all other acts except
such as are provided for by statute, they may be required under the
rules and practices of the House to be done by the Clerk. Such official
acts, when so done by the designated official, shall be under the name
of the Clerk of the House. The said designation shall be in writing, and
shall be laid before the House and entered on the Journal.
5. The Clerk is authorized to receive messages from the President and
from the Senate at any time that the House is not in session.
6. He shall supervise the staff and manage any office of a Member who
is deceased, has resigned, or been expelled until a successor is elected
and shall perform similar duties in the event that a vacancy is declared
by the House in any congressional district because of the incapacity of
the Member representing such district or other reason. Whenever the
Clerk is acting as a supervisory authority over such staff, he shall
have authority to terminate employees; and he may appoint, with the
approval of the Committee on House Administration, such staff as is
required to operate the office until a successor is elected. He shall
maintain on the House payroll and supervise in the same manner staff
appointed pursuant to section 800 of Public Law 91-655 (2 U.S.C. 31b-5)
for sixty days following the death of a former Speaker.
Rule IV
duties of the sergeant-at-arms
1. It shall be the duty of the Sergeant-at-Arms to attend the House
during its sittings, to maintain order under the direction of the
Speaker or Chairman, and, pending the election of a Speaker or Speaker
pro tempore, under the direction of the Clerk, execute the commands of
the House, and all processes issued by authority thereof, directed to
him by the Speaker.
2. The symbol of his office shall be the mace, which shall be borne by
him while enforcing order on the floor.
Rule V
duties of the doorkeeper
1. The Doorkeeper shall enforce strictly the rules relating to the
privileges of the Hall and be responsible to the House for the official
conduct of his employees.
2. He shall allow no person to enter the room over the Hall of the
House during its sittings; and fifteen minutes before the hour of the
meeting of the House each day he shall see that the floor is cleared of
all persons except those privileged to remain, and kept so until ten
minutes after adjournment.
Rule VI
administrative officials
Director of Non-legislative and Financial Services
1. (a) The Director of Non-legislative and Financial Services shall be
appointed for a Congress by the Speaker, the majority leader, and the
minority leader, acting jointly. The Director may be removed by the
House or by the Speaker. The Director shall be paid at the same rate of
basic pay as the elected officers of the House.
(b) The Director of Non-legislative and Financial Services shall have
ex-P
[[Page 2513]]
tensive managerial and financial experience.
(c) Subject to the policy direction and oversight of the Committee on
House Administration, the Director shall have operational and financial
responsibility for functions assigned by resolution of the House.
(d) Subject to the policy direction and oversight of the Committee on
House Administration, the Director shall develop employment standards
that provide that all employment decisions for functions under the
Director's supervision be made in accordance with the non-discrimination
provisions of clause 9 of rule XLIII and of rule LI, without regard to
political affiliation, and solely on the basis of fitness to perform the
duties involved. No adverse personnel action may be taken by the
Director without cause.
(e) All positions under the Director shall be subject to the
provisions of the House Employees Position Classification Act.
Office of Inspector General
2. (a) There is established an Office of Inspector General.
(b) The Inspector General shall be appointed for a Congress by the
Speaker, the majority leader, and the minority leader, acting jointly.
(c) Subject to the policy direction and oversight of the Committee on
House Administration, the Inspector General shall be responsible only
for--
(1) conducting periodic audits of the financial functions under the
Director of Non-legislative and Financial Services, Clerk, Sergeant-
at-Arms, and Doorkeeper;
(2) informing the Director or other officer who is the subject of an
audit of the results of that audit and suggesting appropriate curative
actions;
(3) notifying the Speaker, the majority leader, the minority leader,
and the chairman and ranking minority party member of the Committee on
House Administration in the case of any financial irregularity
discovered in the course of carrying out responsibilities under this
rule; and
(4) submitting to the Speaker, the majority leader, the minority
leader, and the chairman and ranking minority party member of the
Committee on House Administration and to the Subcommittee on
Administrative Oversight of the Committee on House Administration a
report of each audit conducted under this rule.
(d) The position of Inspector General, and all positions under the
Inspector General, shall be subject to the provisions of the House
Employees Position Classification Act.
Rule VII
duties of the chaplain
The Chaplain shall attend at the commencement of each day's sitting of
the House and open the same with prayer.
Rule VIII
duties of the members
1. Every Member shall be present within the Hall of the House during
its sittings, unless excused or necessarily prevented; and shall vote on
each question put, unless he has a direct personal or pecuniary interest
in the event of such question.
2. Pairs shall be announced by the Clerk immediately before the
announcement by the Chair of the result of the vote, by the House or
Committee of the Whole from a written list furnished him, and signed by
the Member making the statement to the Clerk, which list shall be
published in the Record as a part of the proceedings, immediately
following the names of those not voting. However, pairs shall be
announced but once during the same legislative day.
3. (a) A Member may not authorize any other individual to cast his
vote or record his presence in the House or Committee of the Whole.
(b) No individual other than a Member may cast a vote or record a
Member's presence in the House or Committee of the Whole.
(c) A Member may not cast a vote for any other Member or record
another Member's presence in the House or Committee of the Whole.
Rule IX
questions of privilege
1. Questions of privilege shall be, first, those affecting the rights
of the House collectively, its safety, dignity, and the integrity of its
proceedings; and second, those affecting the rights, reputation, and
conduct of Members, individually, in their representative capacity only.
2. (a)(1) A resolution reported as a question of the privileges of the
House, or offered from the floor by the majority leader or the minority
leader as a question of the privileges of the House, or offered as
privileged under clause 1, section 7, article I of the Constitution,
shall have precedence of all other questions except motions to adjourn.
A resolution offered from the floor by a Member other than the majority
leader or the minority leader as a question of the privileges of the
House shall have precedence of all other questions except motions to
adjourn only at a time or place, designated by the Speaker, in the
legislative schedule within two legislative days after the day on which
the proponent announces to the House his intention to offer the
resolution and the form of the resolution.
(2) The time allotted for debate on a resolution offered from the
floor as a question of the privileges of the House shall be equally
divided between (A) the proponent of the resolution, and (B) the
majority leader or the minority leader or a designee, as determined by
the Speaker.
(b) A question of personal privilege shall have precedence of all
other questions except motions to adjourn.
Rule X
establishment and jurisdiction of standing committees
The Committees and Their Jurisdiction
1. There shall be in the House the following standing committees, each
of which shall have the jurisdiction and related functions assigned to
it by this clause and clauses 2, 3, and 4; and all bills, resolutions,
and other matters relating to subjects within the jurisdiction of any
standing committee as listed in this clause shall (in accordance with
and subject to clause 5) be referred to such committees, as follows:
(a) Committee on Agriculture.
(1) Adulteration of seeds, insect pests, and protection of birds and
animals in forest reserves.
(2) Agriculture generally.
(3) Agricultural and industrial chemistry.
(4) Agricultural colleges and experiment stations.
(5) Agricultural economics and research.
(6) Agricultural education extension services.
(7) Agricultural production and marketing and stabilization of prices
of agricultural products, and commodities (not including distribution
outside of the United States).
(8) Animal industry and diseases of animals.
(9) Crop insurance and soil conservation.
(10) Dairy industry.
(11) Entomology and plant quarantine.
(12) Extension of farm credit and farm security.
(13) Forestry in general, and forest reserves other than those created
from the public domain.
(14) Human nutrition and home economics.
(15) Inspection of livestock and meat products.
(16) Plant industry, soils, and agricultural engineering.
(17) Rural electrification.
(18) Commodities exchanges.
(19) Rural development.
(b) Committee on Appropriations.
(1) Appropriation of the revenue for the support of the Government.
(2) Rescissions of appropriations contained in appropriation Acts.
(3) Transfers of unexpended balances.
(4) The amount of new spending authority (as described in the
Congressional Budget Act of 1974) which is to be effective for a fiscal
year, including bills and resolutions (reported by other committees)
which provide new spending authority and are referred to the committee
under clause 4(a).
The committee shall include separate headings for ``Rescissions'' and
``Transfers of Unexpended Balances'' in any bill or resolution as
reported from the committee under its jurisdiction specified in
subparagraph (2) or (3), with all proposed rescissions and proposed
transfers listed therein; and shall in-P
[[Page 2514]]
clude a separate section with respect to such rescissions or transfers
in the accompanying committee report. In addition to its jurisdiction
under the preceding provisions of this paragraph, the committee shall
have the fiscal oversight function provided for in clause 2(b)(3) and
the budget hearing function provided for in clause 4(a).
(c) Committee on Armed Services.
(1) Common defense generally.
(2) The Department of Defense generally, including the Departments of
the Army, Navy, and Air Force generally.
(3) Ammunition depots; forts; arsenals; Army, Navy, and Air Force
reservations and establishments.
(4) Conservation, development, and use of naval petroleum and oil
shale reserves.
(5) Pay, promotion, retirement, and other benefits and privileges of
members of the armed forces.
(6) Scientific research and development in support of the armed
services.
(7) Selective service.
(8) Size and composition of the Army, Navy, and Air Force.
(9) Soldiers' and sailors' homes.
(10) Strategic and critical materials necessary for the common
defense.
(11) Military applications of nuclear energy.
In addition to its legislative jurisdiction under the preceding
provisions of this paragraph (and its general oversight function under
clause 2(b)(1)), the committee shall have the special oversight function
provided for in clause 3(a) with respect to international arms control
and disarmament, and military dependents education.
(d) Committee on Banking, Finance and
Urban Affairs.
(1) Banks and banking, including deposit insurance and Federal
monetary policy.
(2) Money and credit, including currency and the issuance of notes and
redemption thereof; gold and silver, including the coinage thereof;
valuation and revaluation of the dollar.
(3) Urban development.
(4) Public and private housing.
(5) Economic stabilization, defense production, renegotiation, and
control of the price of commodities, rents, and services.
(6) International finance.
(7) Financial aid to commerce and industry (other than
transportation).
(8) International Financial and Monetary organizations.
(e)(1) Committee on the Budget,
consisting of the following Members:
(A) Members who are members of other standing committees, including
five Members who are members of the Committee on Appropriations, and
five Members who are members of the Committee on Ways and Means;
(B) one Member from the leadership of the majority party; and
(C) one Member from the leadership of the minority party.
No Member other than the representative from the leadership of the
majority party and the representative from the leadership of the
minority party, shall serve as a member of the Committee on the Budget
during more than three Congresses in any period of five successive
Congresses (disregarding for this purpose any service performed as a
member of such committee for less than a full session in any Congress),
except that an incumbent chairman having served on the committee for
three Congresses and having served as chairman of the committee for not
more than one Congress shall be eligible for reelection to the committee
as chairman for one additional Congress. A minority Member having served
on the committee for three Congresses and having served as the ranking
minority member in the last such Congress shall be eligible for
reelection to the committee as ranking minority Member for one
additional Congress. All selections of Members to serve on the committee
shall be made without regard to seniority.
(2) All concurrent resolutions on the budget (as defined in section 3
of the Congressional Budget Act of 1974) and other matters required to
be referred to the committee under titles III and IV of that Act.
(3) The committee shall have the duty--
(A) to report the matters required to be reported by it under titles
III and IV of the Congressional Budget Act of 1974;
(B) to make continuing studies of the effect on budget outlays of
relevant existing and proposed legislation and to report the results
of such studies to the House on a recurring basis;
(C) to request and evaluate continuing studies of tax expenditures,
to devise methods of coordinating tax expenditures, policies, and
programs with direct budget outlays, and to report the results of such
studies to the House on a recurring basis; and
(D) to review, on a continuing basis, the conduct by the
Congressional Budget Office of its functions and duties.
(f) Committee on the District of
Columbia.
(1) All measures relating to the municipal affairs of the District of
Columbia in general, other than appropriations therefor, including--
(2) Adulteration of foods and drugs.
(3) Incorporation and organization of societies.
(4) Insurance, executors, administrators, wills, and divorce.
(5) Municipal code and amendments to the criminal and corporation
laws.
(6) Municipal and juvenile courts.
(7) Public health and safety, sanitation, and quarantine regulations.
(8) Regulation of sale of intoxicating liquors.
(9) Taxes and tax sales.
(10) St. Elizabeths hospital.
(g) Committee on Education and Labor.
(1) Measures relating to education or labor generally.
(2) Child labor.
(3) Columbia Institution for the Deaf, Dumb, and Blind; Howard
University; Freedmen's Hospital.
(4) Convict labor and the entry of goods made by convicts into
interstate commerce.
(5) Labor standards.
(6) Labor statistics.
(7) Mediation and arbitration of labor disputes.
(8) Regulation or prevention of importation of foreign laborers under
contract.
(9) Food programs for children in schools.
(10) United States Employees' Compensation Commission.
(11) Vocational rehabilitation.
(12) Wages and hours of labor.
(13) Welfare of miners.
(14) Work incentive programs.
In addition to its legislative jurisdiction under the preceding
provisions of this paragraph (and its general oversight function under
clause 2(b)(1)), the committee shall have the special oversight function
provided for in clause 3(c) with respect to domestic educational
programs and institutions, and programs of student assistance, which are
within the jurisdiction of other committees.
(h) Committee on Energy and Commerce.
(1) Interstate and foreign commerce generally.
(2) National energy policy generally.
(3) Measures relating to the exploration, production, storage, supply,
marketing, pricing, and regulation of energy resources, including all
fossil fuels, solar energy, and other unconventional or renewable energy
resources.
(4) Measures relating to the conservation of energy resources.
(5) Measures relating to the commercial application of energy
technology.
(6) Measures relating to energy information generally.
(7) Measures relating to (A) the generation and marketing of power
(except by federally chartered or Federal regional power marketing
authorities), (B) the reliability and interstate transmission of, and
ratemaking for, all power, and (C) the siting of generation facilities;
except the installation of interconnections between Government
waterpower projects.
(8) Interstate energy compacts.
(9) Measures relating to general management of the Department of
Energy, and the management and all functions of the Federal Energy
Regulatory Commission.
(10) Inland waterways.
(11) Railroads, including railroad labor, railroad retirement and
unemployment, except revenue measures related thereto.
[[Page 2515]]
(12) Regulation of interstate and foreign communications.
(13) Securities and exchanges.
(14) Consumer affairs and consumer protection.
(15) Travel and tourism.
(16) Public health and quarantine.
(17) Health and health facilities, except health care supported by
payroll deductions.
(18) Biomedical research and development.
Such committee shall have the same jurisdiction with respect to
regulation of nuclear facilities and of use of nuclear energy as it has
with respect to regulation of nonnuclear facilities and of use of
nonnuclear energy. In addition to its legislative jurisdiction under the
preceding provisions of this paragraph (and its general oversight
functions under clause 2(b)(1)), such committee shall have the special
oversight functions provided for in clause (3)(h) with respect to all
laws, programs, and Government activities affecting nuclear and other
energy.
(i) Committee on Foreign Affairs.
(1) Relations of the United States with foreign nations generally.
(2) Acquisition of land and buildings for embassies and legations in
foreign countries.
(3) Establishment of boundary lines between the United States and
foreign nations.
(4) Foreign loans.
(5) International conferences and congresses.
(6) Intervention abroad and declarations of war.
(7) Measures relating to the diplomatic service.
(8) Measures to foster commercial intercourse with foreign nations and
to safeguard American business interests abroad.
(9) Neutrality.
(10) Protection of American citizens abroad and expatriation.
(11) The American National Red Cross.
(12) United Nations Organizations.
(13) Measures relating to international economic policy.
(14) Export controls, including nonproliferation of nuclear technology
and nuclear hardware.
(15) International commodity agreements (other than those involving
sugar), including all agreements for cooperation in the export of
nuclear technology and nuclear hardware.
(16) Trading with the enemy.
(17) International education.
In addition to its legislative jurisdiction under the preceding
provisions of this paragraph (and its general oversight function under
clause 2(b)(1)), the committee shall have the special oversight
functions provided for in clause 3(d) with respect to customs
administration, intelligence activities relating to foreign policy,
international financial and monetary organizations, and international
fishing agreements.
(j) Committee on Government Operations.
(1) Budget and accounting measures, other than appropriations.
(2) The overall economy and efficiency of Government operations and
activities, including Federal procurement.
(3) Reorganizations in the executive branch of the Government.
(4) Intergovernmental relationships between the United States and the
States and municipalities, and general revenue sharing.
(5) National archives.
(6) Measures providing for off-budget treatment of Federal agencies or
programs.
(7) Measures providing exemption from reduction under any order issued
under part C of the Balanced Budget and Emergency Deficit Control Act of
1985.
In addition to its legislative jurisdiction under the preceding
provisions of this paragraph (and its oversight functions under clause
2(b) (1) and (2)), the committee shall have the function of performing
the activities and conducting the studies which are provided for in
clause 4(c).
(k) Committee on House Administration.
(1) Appropriations from the contingent fund.
(2) Auditing and settling of all accounts which may be charged to the
contingent fund.
(3) Employment of persons by the House, including clerks for Members
and committees, and reporters of debates.
(4) Except as provided in clause 1(p)(4), matters relating to the
Library of Congress and the House Library; statuary and pictures;
acceptance or purchase of works of art for the Capitol; the Botanic
Gardens; management of the Library of Congress, purchase of books and
manuscripts; erection of monuments to the memory of individuals.
(5) Except as provided in clause 1(p)(4), matters relating to the
Smithsonian Institution and the incorporation of similar institutions.
(6) Expenditure of contingent fund of the House.
(7) Matters relating to printing and correction of the Congressional
Record.
(8) Measures relating to accounts of the House generally.
(9) Measures relating to assignment of office space for Members and
committees.
(10) Measures relating to the disposition of useless executive papers.
(11) Measures relating to the election of the President, Vice
President, or Members of Congress; corrupt practices; contested
elections; credentials and qualifications; and Federal elections
generally.
(12) Measures relating to services to the House, including the House
Restaurant, parking facilities and administration of the House Office
Buildings and of the House wing of the Capitol.
(13) Measures relating to the travel of Members of the House.
(14) Measures relating to the raising, reporting and use of campaign
contributions for candidates for office of Representative in the House
of Representatives and of Resident Commissioner to the United States
from Puerto Rico.
(15) Measures relating to the compensation, retirement and other
benefits of the Members, officers, and employees of the Congress.
In addition to its legislative jurisdiction under the preceding
provisions of this paragraph (and its general oversight function under
clause 2(b)(1)), the committee shall have the function of performing the
duties which are provided for in clause 4(d).
(l) Committee on the Judiciary.
(1) Judicial proceedings, civil and criminal generally.
(2) Apportionment of Representatives.
(3) Bankruptcy, mutiny, espionage, and counterfeiting.
(4) Civil liberties.
(5) Constitutional amendments.
(6) Federal courts and judges.
(7) Immigration and naturalization.
(8) Interstate compacts generally.
(9) Local courts in the Territories and possessions.
(10) Measures relating to claims against the United States.
(11) Meetings of Congress, attendance of Members and their acceptance
of incompatible offices.
(12) National penitentiaries.
(13) Patent Office.
(14) Patents, copyrights, and trademarks.
(15) Presidential succession.
(16) Protection of trade and commerce against unlawful restraints and
monopolies.
(17) Revision and codification of the Statutes of the United States.
(18) State and territorial boundary lines.
(19) Communist and other subversive activities affecting the internal
security of the United States.
(m) Committee on Merchant Marine and
Fisheries.
(1) Merchant marine generally.
(2) Oceanography and Marine Affairs, including coastal zone
management.
(3) Coast Guard, including lifesaving service, lighthouses,
lightships, and ocean derelicts.
(4) Fisheries and wildlife, including research, restoration, refuges,
and conservation.
(5) Measures relating to the regulation of common carriers by water
(except matters subject to the jurisdiction of the Interstate Commerce
Commission) and to the inspection of merchant marine vessels, lights and
signals, lifesaving equipment, and fire protection on such vessels.
(6) Merchant marine officers and seamen.
[[Page 2516]]
(7) Navigation and the laws relating thereto, including pilotage.
(8) Panama Canal and the maintenance and operation of the Panama
Canal, including the administration, sanitation, and government of the
Canal Zone; and interoceanic canals generally.
(9) Registering and licensing of vessels and small boats.
(10) Rules and international arrangements to prevent collisions at
sea.
(11) United States Coast Guard and Merchant Marine Academies, and
State Maritime Academies.
(12) International fishing agreements.
(n) Committee on Natural Resources.
(1) Forest reserves and national parks created from the public domain.
(2) Forfeiture of land grants and alien ownership, including alien
ownership of mineral lands.
(3) Geological Survey.
(4) Interstate compacts relating to apportionment of waters for
irrigation purposes.
(5) Irrigation and reclamation, including water supply for reclamation
projects, and easements of public lands for irrigation projects, and
acquisition of private lands when necessary to complete irrigation
projects.
(6) Measures relating to the care and management of Indians, including
the care and allotment of Indian lands and general and special measures
relating to claims which are paid out of Indian funds.
(7) Measures relating generally to the insular possessions of the
United States, except those affecting the revenue and appropriations.
(8) Military parks and battlefields; national cemeteries administered
by the Secretary of the Interior, and parks within the District of
Columbia.
(9) Mineral land laws and claims and entries thereunder.
(10) Mineral resources of the public lands.
(11) Mining interests generally.
(12) Mining schools and experimental stations.
(13) Petroleum conservation on the public lands and conservation of
the radium supply in the United States.
(14) Preservation of prehistoric ruins and objects of interest on the
public domain.
(15) Public lands generally, including entry, easements, and grazing
thereon.
(16) Relations of the United States with the Indians and the Indian
tribes.
(17) Regulation of the domestic nuclear energy industry, including
regulation of research and development reactors and nuclear regulatory
research.
In addition to its legislative jurisdiction under the preceding
provisions of this paragraph (and its general oversight function under
clause 2(b)(1)), the committee shall have the special oversight
functions provided for in clause 3(e) with respect to all programs
affecting Indians and nonmilitary nuclear energy and research and
development including the disposal of nuclear waste.
(o) Committee on Post Office and Civil
Service.
(1) Census and the collection of statistics generally.
(2) All Federal Civil Service, including intergovernmental personnel.
(3) Postal-savings banks.
(4) Postal service generally, including the railway mail service, and
measures relating to ocean mail and pneumatic-tube service; but
excluding post roads.
(5) Status of officers and employees of the United States, including
their compensation, classification, and retirement.
(6) Hatch Act.
(7) Holidays and celebrations.
(8) Population and demography.
(p) Committee on Public Works and
Transportation.
(1) Flood control and improvement of rivers and harbors.
(2) Measures relating to the Capitol Building and the Senate and House
Office Buildings.
(3) Measures relating to the construction or maintenance of roads and
post roads, other than appropriations therefor; but it shall not be in
order for any bill providing general legislation in relation to roads to
contain any provision for any specific road, nor for any bill in
relation to a specific road to embrace a provision in relation to any
other specific road.
(4) Measures relating to the construction or reconstruction,
maintenance, and care of the buildings and grounds of the Botanic
Gardens, the Library of Congress, and the Smithsonian Institution.
(5) Measures relating to the purchase of sites and construction of
post offices, customhouses, Federal courthouses, and Government
buildings within the District of Columbia.
(6) Oil and other pollution of navigable waters.
(7) Public buildings and occupied or improved grounds of the United
States generally.
(8) Public works for the benefit of navigation, including bridges and
dams (other than international bridges and dams).
(9) Water power.
(10) Transportation, including civil aviation except railroads,
railroad labor and pensions.
(11) Roads and the safety thereof.
(12) Water transportation subject to the jurisdiction of the
Interstate Commerce Commission.
(13) Related transportation regulatory agencies, except (A) the
Interstate Commerce Commission as it relates to railroads; (B) Federal
Railroad Administration; and (C) Amtrak.
(q) Committee on Rules.
(1) The rules and joint rules (other than rules or joint rules
relating to the Code of Official Conduct), and order of business of the
House.
(2) Recesses and final adjournments of Congress.
The Committee on Rules is authorized to sit and act whether or not the
House is in session.
(r) Committee on Science, Space, and
Technology.
(1) Astronautical research and development, including resources,
personnel, equipment, and facilities.
(2) National Institute of Standards and Technology, standardization of
weights and measures and the metric system.
(3) National Aeronautics and Space Administration.
(4) National Space Council.
(5) National Science Foundation.
(6) Outer space, including exploration and control thereof.
(7) Science Scholarships.
(8) Scientific research, development, and demonstration, and projects
therefor.
(9) Civil aviation research and development.
(10) Environmental research and development.
(11) All energy research, development, and demonstration, and projects
therefor, and all federally owned or operated nonmilitary energy
laboratories.
(12) National Weather Service.
In addition to its legislative jurisdiction under the preceding
provisions of this paragraph (and its general oversight function under
clause 2(b)(1)), the committee shall have the special oversight function
provided for in clause 3(f) with respect to all nonmilitary research and
development.
(s) Committee on Small Business.
(1) Assistance to and protection of small business, including
financial aid.
(2) Participation of small-business enterprises in Federal procurement
and Government contracts.
In addition to its legislative jurisdiction under the preceding
provisions of this paragraph and (its general oversight function under
clause 2(b)(1)), the committee shall have the special oversight function
provided for in clause 3(g) with respect to the problems of small
business.
(t) Committee on Standards of Official
Conduct.
(1) Measures relating to the Code of Official Conduct.
In addition to its legislative jurisdiction under the preceding
provision of this paragraph (and its general oversight function under
clause 2(b)(1)), the committee shall have the functions with respect to
recommendations, studies, investigations, and reports which are provided
for in clause 4(e), and the functions designated in titles I and V of
the Ethics in Government Act of 1978 and sections 7342, 7351, and 7353
of title 5, United States Code.
(u) Committee on Veterans' Affairs.
(1) Veterans' measures generally.
(2) Cemeteries of the United States in which veterans of any war or
conflict are or may be buried, whether in the United States or abroad,
except ceme-P
[[Page 2517]]
teries administered by the Secretary of the Interior.
(3) Compensation, vocational rehabilitation, and education of
veterans.
(4) Life insurance issued by the Government on account of service in
the Armed Forces.
(5) Pensions of all the wars of the United States, general and
special.
(6) Readjustment of servicemen to civil life.
(7) Soldiers' and sailors' civil relief.
(8) Veterans' hospitals, medical care, and treatment of veterans.
(v) Committee on Ways and Means.
(1) Customs, collection districts, and ports of entry and delivery.
(2) Reciprocal trade agreements.
(3) Revenue measures generally.
(4) Revenue measures relating to the insular possessions.
(5) The bonded debt of the United States (subject to the last sentence
of clause 4(g) of this rule).
(6) The deposit of public moneys.
(7) Transportation of dutiable goods.
(8) Tax exempt foundations and charitable trusts.
(9) National social security, except (A) health care and facilities
programs that are supported from general revenues as opposed to payroll
deductions and (B) work incentive programs.
General Oversight Responsibilties
2. (a) In order to assist the House in--
(1) its analysis, appraisal, and evaluation of (A) the application,
administration, execution, and effectiveness of the laws enacted by
the Congress, or (B) conditions and circumstances which may indicate
the necessity or desirability of enacting new or additional
legislation, and
(2) its formulation, consideration, and enactment of such
modifications of or changes in those laws, and of such additional
legislation, as may be necessary or appropriate,
the various standing committees shall have oversight responsibilities as
provided in paragraph (b).
(b)(1) Each standing committee (other than the Committee on
Appropriations and the Committee on the Budget) shall review and study,
on a continuing basis, the application, administration, execution, and
effectiveness of those laws, or parts of laws, the subject matter of
which is within the jurisdiction of that committee and the organization
and operation of the Federal agencies and entities having
responsibilities in or for the administration and execution thereof, in
order to determine whether such laws and the programs thereunder are
being implemented and carried out in accordance with the intent of the
Congress and whether such programs should be continued, curtailed, or
eliminated. In addition, each such committee shall review and study any
conditions or circumstances which may indicate the necessity or
desirability of enacting new or additional legislation within the
jurisdiction of that committee (whether or not any bill or resolution
has been introduced with respect thereto), and shall on a continuing
basis undertake future research and forecasting on matters within the
jurisdiction of that committee. Each such committee having more than
twenty members shall establish an oversight subcommittee, or require its
subcommittees, if any, to conduct oversight in the area of their
respective jurisdiction, to assist in carrying out its responsibilities
under this subparagraph. The establishment of oversight subcommittees
shall in no way limit the responsibility of the subcommittees with
legislative jurisdiction from carrying out their oversight
responsibilities.
(2) The Committee on Government Operations shall review and study, on
a continuing basis, the operation of Government activities at all levels
with a view to determining their economy and efficiency.
(3) The Committee on Appropriations shall conduct such studies and
examinations of the organization and operation of executive departments
and other executive agencies (including any agency the majority of the
stock of which is owned by the Government of the United States) as it
may deem necessary to assist it in the determination of matters within
its jurisdiction.
(c) Each standing committee of the House shall have the function of
reviewing and studying on a continuing basis the impact or probable
impact of tax policies affecting subjects within its jurisdiction as
described in clauses 1 and 3.
Special Oversight Functions
3. (a) The Committee on Armed Services shall have the function of
reviewing and studying, on a continuing basis, all laws, programs, and
Government activities dealing with or involving international arms
control and disarmament and the education of military dependents in
schools.
(b) The Committee on the Budget shall have the function of--
(1) making continuing studies of the effect on budget outlays of
relevant existing and proposed legislation, and reporting the results
of such studies to the House on a recurring basis; and
(2) requesting and evaluating continuing studies of tax
expenditures, devising methods of coordinating tax expenditures,
policies, and programs with direct budget outlays, and reporting the
results of such studies to the House on a recurring basis.
(c) The Committee on Education and Labor shall have the function of
reviewing, studying, and coordinating, on a continuing basis, all laws,
programs, and Government activities dealing with or involving domestic
educational programs and institutions, and programs of student
assistance, which are within the jurisdiction of other committees.
(d) The Committee on Foreign Affairs shall have the function of
reviewing and studying, on a continuing basis, all laws, programs, and
Government activities dealing with or involving customs administration,
intelligence activities relating to foreign policy, international
financial and monetary organizations, and international fishing
agreements.
(e) The Committee on Natural Resources shall have the function of
reviewing and studying, on a continuing basis, all laws, programs, and
Government activities dealing with Indians and nonmilitary nuclear
energy and research and development including the disposal of nuclear
waste.
(f) The Committee on Science, Space, and Technology shall have the
function of reviewing and studying, on a continuing basis, all laws,
programs, and Government activities dealing with or involving
nonmilitary research and development.
(g) The Committee on Small Business shall have the function of
studying and investigating, on a continuing basis, the problems of all
types of small business.
(h) The Committee on Energy and Commerce shall have the function of
reviewing and studying on a continuing basis, all laws, programs and
government activities relating to nuclear and other energy.
(i) The Committee on Rules shall have the function of reviewing and
studying, on a continuing basis, the congressional budget process, and
the committee shall, from time to time, report its findings and
recommendations to the House.
(j)(1) There is established a bipartisan Subcommittee on
Administrative Oversight of the Committee on House Administration, to be
chaired by the chairman of the Committee on House Administration. All of
the members of the subcommittee shall be members of the Committee on
House Administration, one-half from the majority party and one-half from
the minority party.
(2) The subcommittee shall receive all audit reports of the Inspector
General and shall be responsible for providing oversight of the Clerk,
Sergeant-at-Arms, Doorkeeper, Director of Non-legislative and Financial
Services, and Inspector General.
(3) The Speaker, the majority leader, the minority leader, and the
chairman and ranking minority party member of the Committee on House
Administration shall be informed by the chairman of the subcommittee of
any matter that, by reason of a tie vote, cannot be resolved by the
subcommittee.
Additional Functions of Committees
4. (a)(1)(A) The Committee on Appropriations shall, within thirty days
after the transmittal of the Budget to the Congress each year, hold
hearings on the Budget as a whole with particular reference to--
(i) the basic recommendations and budgetary policies of the
President in the presentation of the Budget; and
(ii) the fiscal, financial, and economic assumptions used as bases
in
[[Page 2518]]
arriving at total estimated expenditures and receipts.
(B) In holding hearings pursuant to subdivision (A), the committee
shall receive testimony from the Secretary of the Treasury, the Director
of the Office of Management and Budget, the Chairman of the Council of
Economic Advisers, and such other persons as the committee may desire.
(C) Hearings pursuant to subdivision (A), or any part thereof, shall
be held in open session, except when the committee, in open session and
with a quorum present, determines by roll call vote that the testimony
to be taken at that hearing on that day may be related to a matter of
national security: Provided, however, That the committee may by the same
procedure close one subsequent day of hearing. A transcript of all such
hearings shall be printed and a copy thereof furnished to each Member,
Delegate, and the Resident Commissioner from Puerto Rico.
(D) Hearings pursuant to subdivision (A), or any part thereof, may be
held before joint meetings of the committee and the Committee on
Appropriations of the Senate in accordance with such procedures as the
two committees jointly may determine.
(2) Whenever any bill or resolution which provides new spending
authority described in section 401(c)(2)(C) of the Congressional Budget
Act of 1974 is reported by a committee of the House and the amount of
new budget authority which will be required for the fiscal year involved
if such bill or resolution is enacted as so reported exceeds the
appropriate allocation of new budget authority reported as described in
clause 4(h) in connection with the most recently agreed to concurrent
resolution on the budget for such fiscal year, such bill or resolution
shall then be referred to the Committee on Appropriations with
instructions to report it, with the committee's recommendations and (if
the committee deems it desirable) with an amendment limiting the total
amount of new spending authority provided in the bill or resolution,
within 15 calendar days (not counting any day on which the House is not
in session) beginning with the day following the day on which it is so
referred. If the Committee on Appropriations fails to report the bill or
resolution within such 15-day period, the committee shall be
automatically discharged from further consideration of the bill or
resolution and the bill or resolution shall be placed on the appropriate
calendar.
(3) In addition, the Committee on Appropriations shall study on a
continuing basis those provisions of law which (on the first day of the
first fiscal year for which the congressional budget process is
effective) provide spending authority of permanent budget authority, and
shall report to the House from time to time its recommendations for
terminating or modifying such provisions.
(b) The Committee on the Budget shall have the duty--
(1) to review on a continuing basis the conduct by the Congressional
Budget Office of its functions and duties;
(2) to hold hearings, and receive testimony from Members of Congress
and such appropriate representatives of Federal departments and
agencies, the general public, and national organizations as it deems
desirable, in developing the concurrent resolutions on the budget for
each fiscal year;
(3) to make all reports required of it by the Congressional Budget
Act of l974, including the reporting of reconciliation bills and
resolutions when so required;
(4) to study on a continuing basis those provisions of law which
exempt Federal agencies or any of their activities or outlays from
inclusion in the Budget of the United States Government, and to report
to the House from time to time its recommendations for terminating or
modifying such provisions; and
(5) to study on a continuing basis proposals designed to improve and
facilitate methods of congressional budget-making, and to report to
the House from time to time the results of such study together with
its recommmendations.
(c)(1) The Committee on Government Operations shall have the general
function of--
(A) receiving and examining reports of the Comptroller General of
the United States and of submitting such recommendations to the House
as it deems necessary or desirable in connection with the subject
matter of such reports;
(B) evaluating the effects of laws enacted to reorganize the
legislative and executive branches of the Government; and
(C) studying intergovernmental relationships between the United
States and the States and municipalities, and between the United
States and international organizations of which the United States is a
member.
(2) In addition to its duties under subparagraph (1), the Committee on
Government Operations may at any time conduct investigations of any
matter without regard to the provisions of clause 1, 2, or 3 (or this
clause) conferring jurisdiction over such matter upon another standing
committee. The committee's findings and recommendations in any such
investigation shall be made available to the other standing committee or
committees having jurisdiction over the matter involved (and included in
the report of any such other committee when required by clause 2(l)(3)
of rule XI).
(d) The Committee on House Administration shall have the function of--
(1) examining all bills, amendments, and joint resolutions after
passage by the House and, in cooperation with the Senate, examining
all bills and joint resolutions which shall have passed both Houses to
see that they are correctly enrolled, forthwith presenting those which
originated in the House to the President of the United States in
person after their signature by the Speaker of the House and the
President of the Senate and reporting the fact and date of such
presentation to the House;
(2) reporting to the Director of Non-legislative and Financial
Services of the House concerning the travel of Members of the House;
(3) providing for transfers of functions and entities with respect
to the Clerk, Sergeant-at-Arms, Doorkeeper, and Director of Non-
legislative and Financial Services as may be necessary for the
improvement of non-legislative and financial services in the House;
and
(4) providing policy direction for, and oversight of, the Clerk,
Sergeant-at-Arms, Doorkeeper, Director of Non-legislative and
Financial Services, and Inspector General.
(e)(1) The Committee on Standards of Official Conduct is authorized:
(A) to recommend to the House from time to time such administrative
actions as it may deem appropriate to establish or enforce standards of
official conduct for Members, officers, and employees of the House, and
any letter of reproval or other administrative action of the committee
pursuant to an investigation under subdivision (B) shall only be issued
or implemented as a part of a report required by such subdivision; (B)
to investigate, subject to subparagraph (2) of this paragraph, any
alleged violation, by a Member, officer, or employee of the House, of
the Code of Official Conduct or of any law, rule, regulation, or other
standard of conduct applicable to the conduct of such Member, officer,
or employee in the performance of his duties or the discharge of his
responsibilities, and after notice and hearing (unless the right to a
hearing is waived by the Member, officer, or employee), shall report to
the House its findings of fact and recommendations, if any, upon the
final disposition of any such investigation, and such action as the
committee may deem appropriate in the circumstances; (C) to report to
the appropriate Federal or State authorities, with the approval of the
House, any substantial evidence of a violation, by a Member, officer, or
employee of the House, of any law applicable to the performance of his
duties or the discharge of his responsibilities, which may have been
disclosed in a committee investigation; (D) to give consideration to the
request of any Member, officer, or employee of the House for an advisory
opinion with respect to the general propriety of any current or proposed
conduct of such Member, officer, or employee and, with appropriate
deletions to assure the privacy of the individual concerned, to publish
such opinion for the guidance of other Members, officers, and employees
of the House;
[[Page 2519]]
and (E) to give consideration to the request of any Member, officer, or
employee of the House for a written waiver in exceptional circumstances
with respect to clause 4 of rule XLIII.
(2)(A) No resolution, report, recommendation, or advisory opinion
relating to the official conduct of a Member, officer, or employee of
the House shall be made by the Committee on Standards of Official
Conduct, and no investigation of such conduct shall be undertaken by
such committee, unless approved by the affirmative vote of a majority of
the members of the committee.
(B) Except in the case of an investigation undertaken by the committee
on its own initiative, the committee may undertake an investigation
relating to the official conduct of an individual Member, officer, or
employee of the House of Representatives only--
(i) upon receipt of a complaint, in writing and under oath, made by
or submitted to a Member of the House and transmitted to the committee
by such Member, or
(ii) upon receipt of a complaint, in writing and under oath,
directly from an individual not a Member of the House if the committee
finds that such complaint has been submitted by such individual to not
less than three Members of the House who have refused, in writing, to
transmit such complaint to the committee.
(C) No investigation shall be undertaken by the committee of any
alleged violation of a law, rule, regulation, or standard of conduct not
in effect at the time of the alleged violation; nor shall any
investigation be undertaken by the committee of any alleged violation
which occurred before the third previous Congress unless the committee
determines that the alleged violation is directly related to any alleged
violation which occurred in a more recent Congress.
(D) A member of the committee shall be ineligible to participate, as a
member of the committee, in any committee proceeding relating to his or
her official conduct. In any case in which a member of the committee is
ineligible to act as a member of the committee under the preceding
sentence, the Speaker of the House shall designate a Member of the House
from the same political party as the ineligible member of the committee
to act as a member of the committee in any committee proceeding relating
to the official conduct of such ineligible member.
(E) A member of the committee may disqualify himself from
participating in any investigation of the conduct of a Member, officer,
or employee of the House upon the submission in writing and under oath
of an affidavit of disqualification stating that he cannot render an
impartial and unbiased decision in the case in which he seeks to
disqualify himself. If the committee approves and accepts such affidavit
of disqualification, the chairman shall so notify the Speaker and
request the Speaker to designate a Member of the House from the same
political party as the disqualifying member of the committee to act as a
member of the committee in any committee proceeding relating to such
investigation.
(F) No information or testimony received, or the contents of a
complaint or the fact of its filing, shall be publicly disclosed by any
committee or staff member unless specifically authorized in each
instance by a vote of the full committee.
(f)(1) Each standing committee of the House shall, in its
consideration of all bills and joint resolutions of a public character
within its jurisdiction, insure that appropriations for continuing
programs and activities of the Federal Government and the District of
Columbia government will be made annually to the maximum extent feasible
and consistent with the nature, requirements, and objectives of the
programs and activities involved. For the purposes of this paragraph a
Government agency includes the organizational units of government listed
in clause 7(c) of rule XIII.
(2) Each standing committee of the House shall review, from time to
time, each continuing program within its jurisdiction for which
appropriations are not made annually in order to ascertain whether such
program could be modified so that appropriations therefor would be made
annually.
(g) Each standing committee of the House shall, on or before February
25 of each year, submit to the Committee on the Budget (1) its views and
estimates with respect to all matters to be set forth in the concurrent
resolution on the budget for the ensuing fiscal year which are within
its jurisdiction or functions, and (2) an estimate of the total amounts
of new budget authority, and budget outlays resulting therefrom, to be
provided or authorized in all bills and resolutions within its
jurisdiction which it intends to be effective during that fiscal year.
The views and estimates submitted by the Committee on Ways and Means
under the preceding sentence shall include a specific recommendation,
made after holding public hearings, as to the appropriate level of the
public debt which should be set forth in the concurrent resolution on
the budget referred to in such sentence and serve as the basis for an
increase or decrease in the statutory limit on such debt under the
procedures provided by rule XLIX.
(h) As soon as practicable after a concurrent resolution on the budget
for any fiscal year is agreed to, each standing committee of the House
(after consulting with the appropriate committee or committees of the
Senate) shall subdivide any allocations made to it in the joint
explanatory statement accompanying the conference report on such
resolution, and promptly report such subdivisions to the House, in the
manner provided by section 302 or section 602 (in the case of fiscal
years 1991 through 1995) of the Congressional Budget Act of l974.
(i) Each standing committee of the House which is directed in a
concurrent resolution on the budget to determine and recommend changes
in laws, bills, or resolutions under the reconciliation process shall
promptly make such determination and recommendations, and report a
reconciliation bill or resolution (or both) to the House or submit such
recommendations to the Committee on the Budget, in accordance with the
Congressional Budget Act of l974.
Referral of Bills, Resolutions, and Other Matters to Committees
5. (a) Each bill, resolution, or other matter which relates to a
subject listed under any standing committee named in clause 1 shall be
referred by the Speaker in accordance with the provisions of this
clause.
(b) Every referral of any matter under paragraph (a) shall be made in
such manner as to assure to the maximum extent feasible that each
committee which has jurisdiction under clause 1 over the subject matter
of any provision thereof will have responsibility for considering such
provision and reporting to the House with respect thereto. Any
precedents, rulings, and procedures in effect prior to the Ninety-Fourth
Congress shall be applied with respect to referrals under this clause
only to the extent that they will contribute to the achievement of the
objectives of this clause.
(c) In carrying out paragraphs (a) and (b) with respect to any matter,
the Speaker may refer the matter simultaneously to two or more
committees for concurrent consideration or for consideration in sequence
(subject to appropriate time limitations in the case of any committee),
or divide the matter into two or more parts (reflecting different
subjects and jurisdictions) and refer each such part to a different
committee, or refer the matter to a special ad hoc committee appointed
by the Speaker with the approval of the House (from the members of the
committees having legislative jurisdiction) for the specific purpose of
considering that matter and reporting to the House thereon, or make such
other provision as may be considered appropriate.
Election and Membership of Committees; Chairman; Vacancies; Select and
Conference Committees
6. (a)(1) The standing committees specified in clause 1 shall be
elected by the House within the seventh calendar day beginning after the
commencement of each Congress, from nominations submitted by the
respective party caucuses. It shall always be in order to consider
resolutions recommended by the respective party caucuses to change the
composition of standing committees.
(2) One-half of the members of the Committee on Standards of Official
Conduct shall be from the majority party and one-half shall be from the
minority party. No Member shall serve
[[Page 2520]]
as a member of the Committee on Standards of Official Conduct during
more than 3 Congresses in any period of 5 successive Congresses
(disregarding for this purpose any service performed as a member of such
committee for less than a full session in any Congress).
(b) Membership on standing committees during the course of a Congress
shall be contingent on continuing membership in the party caucus or
conference that nominated Members for election to such committees.
Should a Member cease to be a member of a particular party caucus or
conference, said Member shall automatically cease to be a member of a
standing committee to which he was elected on the basis of nomination by
that caucus or conference. The chairman of the relevant party caucus or
conference shall notify the Speaker whenever a Member ceases to be a
member of a party caucus or conference and the Speaker shall notify the
chairman of each standing committee on which said Member serves, that in
accord with this rule, the Member's election to such committee is
automatically vacated.
(c) One of the members of each standing committee shall be elected by
the House, from nominations submitted by the majority party caucus, at
the commencement of each Congress, as chairman thereof. In the temporary
absence of the chairman, the member next in rank in the order named in
the election of the committee, and so on, as often as the case shall
happen, shall act as chairman; and in case of a permanent vacancy in the
chairmanship of any such committee the House shall elect another
chairman.
(d) Each standing committee of the House of Representatives, except
the Committee on the Budget, that has more than twenty members shall
establish at least four subcommittees.
(e) All vacancies in standing committees shall be filled by election
by the House from nominations, submitted by the respective party caucus
or conference.
(f) The Speaker shall appoint all select and conference committees
which shall be ordered by the House from time to time. At any time after
an original appointment, the Speaker may remove Members or appoint
additional Members to select and conference committees. In appointing
members to conference committees the Speaker shall appoint no less than
a majority of members who generally supported the House position as
determined by the Speaker. The Speaker shall name Members who are
primarily responsible for the legislation and shall, to the fullest
extent feasible, include the principal proponents of the major
provisions of the bill as it passed the House.
(g) Membership on select and joint committees during the course of a
Congress shall be contingent on continuing membership in the party
caucus or conference the Member was a member of at the time of his
appointment to a select or joint committee. Should a Member cease to be
a member of that caucus or conference, said Member shall automatically
cease to be a member of any select or joint committee to which he is
assigned. The chairman of the relevant party caucus or conference shall
notify the Speaker whenever a Member ceases to be a member of a party
caucus or conference and the Speaker shall notify the chairman of each
select or joint committee on which said Member serves, that in accord
with this rule, the Member's appointment to such committee is
automatically vacated.
(h) The Speaker may appoint the Resident Commissioner from Puerto Rico
and Delegates to the House to any select committee and to any conference
committee.
Rule XI
rules of procedure for committees
In General
1. (a)(1) The Rules of the House are the rules of its committees and
subcommittees so far as applicable, except that a motion to recess from
day to day, and a motion to dispense with the first reading (in full) of
a bill or resolution, if printed copies are available, are nondebatable
motions of high privilege in committees and subcommittees.
(2) Each subcommittee of a committee is a part of that committee, and
is subject to the authority and direction of that committee and to its
rules so far as applicable.
(b) Each committee is authorized at any time to conduct such
investigations and studies as it may consider necessary or appropriate
in the exercise of its responsibilities under rule X, and (subject to
the adoption of expense resolutions as required by clause 5) to incur
expenses (including travel expenses) in connection therewith.
(c) Each committee is authorized to have printed and bound testimony
and other data presented at hearings held by the committee. All costs of
stenographic services and transcripts in connection with any meeting or
hearing of a committee shall be paid from the contingent fund of the
House.
(d) Each committee shall submit to the House, not later than January 2
of each odd-numbered year, a report on the activities of that committee
under this rule and rule X during the Congress ending at noon on January
3 of such year.
Committee Rules
Adoption of written rules
2. (a) Each standing committee of the House shall adopt written
rules governing its procedure. Such rules--
(1) shall be adopted in a meeting which is open to the public unless
the committee, in open session and with a quorum present, determined
by roll call vote that all or part of the meeting on that day is to be
closed to the public;
(2) shall be not inconsistent with the Rules of the House or with
those provisions of law having the force and effect of Rules of the
House; and
(3) shall in any event incorporate all of the succeeding provisions
of this clause to the extent applicable.
Each committee's rules specifying its regular meeting days, and any
other rules of a committee which are in addition to the provisions of
this clause, shall be published in the Congressional Record not later
than thirty days after the committee is elected in each odd-numbered
year. Each select or joint committee shall comply with the provisions of
this paragraph unless specifically prohibited by law.
Regular meeting days
(b) Each standing committee of the House shall adopt regular
meeting days, which shall be not less frequent than monthly, for the
conduct of its business. Each such committee shall meet, for the
consideration of any bill or resolution pending before the committee or
for the transaction of other committee business, on all regular meeting
days fixed by the committee, unless otherwise provided by written rule
adopted by the committee.
Additional and special meetings
(c)(1) The Chairman of each standing committee may call and
convene, as he or she considers necessary, additional meetings of the
committee for the consideration of any bill or resolution pending before
the committee or for the conduct of other committee business. The
committee shall meet for such purpose pursuant to that call of the
chairman.
(2) If at least three members of any standing committee desire that a
special meeting of the committee be called by the chairman, those
members may file in the offices of the committee their written request
to the chairman for that special meeting. Such request shall specify the
measure or matter to be considered. Immediately upon the filing of the
request, the clerk of the committee shall notify the chairman of the
filing of the request. If, within three calendar days after the filing
of the request, the chairman does not call the requested special
meeting, to be held within seven calendar days after the filing of the
request, a majority of the members of the committee may file in the
offices of the committee their written notice that a special meeting of
the committee will be held, specifying the date and hour of, and the
measure or matter to be considered at, that special meeting. The
committee shall meet on that date and hour. Immediately upon the filing
of the notice, the clerk of the committee shall notify all members of
the committee that such special meeting will be held and inform them of
its date and hour and the measure or matter to be considered; and only
the measure or matter specified in that notice may be considered at that
special meeting.
[[Page 2521]]
Vice chairman or ranking majority
member to preside in absence of
chairman
(d) The member of the majority party on any standing committee
or subcommittee thereof ranking immediately after the chairman shall be
vice chairman of the committee or subcommittee, as the case may be, and
shall preside at any meeting during the temporary absence of the
chairman. If the chairman and vice chairman of the committee or
subcommittee are not present at any meeting of the committee or
subcommittee, the ranking member of the majority party who is present
shall preside at that meeting.
Committee records
(e)(1) Each committee shall keep a complete record of all
committee action which shall include a record of the votes on any
question on which a roll call vote is demanded. The result of each such
roll call vote shall be made available by the committee for inspection
by the public at reasonable times in the offices of the committee.
Information so available for public inspection shall include a
description of the amendment, motion, order, or other proposition and
the name of each Member voting for and each Member voting against such
amendment, motion, order, or proposition, and whether by proxy or in
person, and the names of those Members present but not voting.
(2) All committee hearings, records, data, charts, and files shall be
kept separate and distinct from the congressional office records of the
Member serving as chairman of the committee; and such records shall be
the property of the House and all Members of the House shall have access
thereto, except that in the case of records in the Committee on
Standards of Official Conduct respecting the conduct of any Member,
officer, or employee of the House, no Member of the House (other than a
member of such committee) shall have access thereto without the
specific, prior approval of the committee.
(3) Each committee shall include in its rules standards for
availability of records of the committee delivered to the Archivist of
the United States under rule XXXVI. Such standards shall specify
procedures for orders of the committee under clause 3(b)(3) and clause
4(b) of rule XXXVI, including a requirement that nonavailability of a
record for a period longer than the period otherwise applicable under
that rule shall be approved by vote of the committee.
Proxies
(f) No vote by any member of any committee or subcommittee with
respect to any measure or matter may be cast by proxy unless such
committee, by written rule adopted by the committee, permits voting by
proxy and requires that the proxy authorization shall be in writing,
shall assert that the member is absent on official business or is
otherwise unable to be present at the meeting of the committee, shall
designate the person who is to execute the proxy authorization, and
shall be limited to a specific measure or matter and any amendments or
motions pertaining thereto; except that a member may authorize a general
proxy only for motions to recess, adjourn or other procedural matters.
Each proxy to be effective shall be signed by the member assigning his
or her vote and shall contain the date and time of day that the proxy is
signed. Proxies may not be counted for a quorum.
Open meetings and hearings
(g)(1) Each meeting for the transaction of business, including
the markup of legislation, of each standing committee or subcommittee
thereof shall be open to the public except when the committee or
subcommittee, in open session and with a majority present, determines by
roll call vote that all or part of the remainder of the meeting on that
day shall be closed to the public: Provided, however, That no person
other than members of the committee and such congressional staff and
such departmental representatives as they may authorize shall be present
at any business or markup session which has been closed to the public.
This paragraph does not apply to open committee hearings which are
provided for by clause 4(a)(1) of rule X or by subparagraph (2) of this
paragraph, or to any meeting that relates solely to internal budget or
personnel matters.
(2) Each hearing conducted by each committee or subcommittee thereof
shall be open to the public except when the committee or subcommittee,
in open session and with a majority present, determines by roll call
vote that all or part of the remainder of that hearing on that day shall
be closed to the public because disclosure of testimony, evidence, or
other matters to be considered would endanger the national security or
would violate any law or rule of the House of Representatives.
Notwithstanding the requirements of the preceding sentence, a majority
of those present, there being in attendance the requisite number
required under the rules of the committee to be present for the purpose
of taking testimony,
(A) may vote to close the hearing for the sole purpose of discussing
whether testimony or evidence to be received would endanger the national
security or violate clause 2(k)(5) of rule XI; or
(B) may vote to close the hearing, as provided in clause 2(k)(5) of
rule XI.
No Member may be excluded from nonparticipatory attendance at any
hearing of any committee or subcommittee, with the exception of the
Committee on Standards of Official Conduct, unless the House of
Representatives shall by majority vote authorize a particular committee
or subcommittee, for purposes of a particular series of hearings on a
particular article of legislation or on a particular subject of
investigation, to close its hearings to Members by the same procedures
designated in this subparagraph for closing hearings to the public:
Provided, however, That the committee or subcommittee may by the same
procedure vote to close one subsequent day of hearing except that the
Committee on Appropriations, the Committee on Armed Services, and the
Permanent Select Committee on Intelligence and the subcommittees therein
may, by the same procedure, vote to close up to five additional
consecutive days of hearings.
(3) Each committee of the House (except the Committee on Rules) shall
make public announcement of the date, place and subject matter of any
committee hearing at least one week before the commencement of the
hearing. If the committee determines that there is good cause to begin
the hearing sooner, it shall make the announcement at the earliest
possible date. Any announcement made under this subparagraph shall be
promptly published in the Daily Digest and promptly entered into the
committee scheduling service of the House Information Systems.
(4) Each committee shall, insofar as is practicable, require each
witness who is to appear before it to file with the committee (in
advance of his or her appearance) a written statement of the proposed
testimony and to limit the oral presentation at such appearance to a
brief summary of his or her argument.
(5) No point of order shall lie with respect to any measure reported
by any committee on the ground that hearings on such measure were not
conducted in accordance with the provisions of this clause; except that
a point of order on that ground may be made by any member of the
committee which reported the measure if, in the committee, such point of
order was (A) timely made and (B) improperly overruled or not properly
considered.
(6) The preceding provisions of this paragraph do not apply to the
committee hearings which are provided for by clause 4(a)(1) of rule X.
Quorum for taking testimony and
certain other action
(h)(1) Each committee may fix the number of its members to
constitute a quorum for taking testimony and receiving evidence which
shall be not less than two.
(2) Each committee (except the Committee on Appropriations, the
Committee on the Budget, and the Committee on Ways and Means) may fix
the number of its members to constitute a quorum for taking any action
other than the reporting of a measure or recommendation which shall be
not less than one-third of the members.
Prohibition against committee meetings
during joint sessions and joint
meetings
(i) No committee of the House may sit during a joint session of
the House
[[Page 2522]]
and Senate or during a recess when a joint meeting of the House and
Senate is in progress.
Calling and interrogation of witnesses
(j)(1) Whenever any hearing is conducted by any committee upon
any measure or matter, the minority party members on the committee shall
be entitled, upon request to the chairman by a majority of them before
the completion of the hearing, to call witnesses selected by the
minority to testify with respect to that measure or matter during at
least one day of hearing thereon.
(2) Each committee shall apply the five-minute rule in the
interrogation of witnesses in any hearing until such time as each member
of the committee who so desires has had an opportunity to question each
witness.
Investigative hearing procedures
(k)(1) The chairman at an investigative hearing shall announce
in an opening statement the subject of the investigation.
(2) A copy of the committee rules and this clause shall be made
available to each witness.
(3) Witnesses at investigative hearings may be accompanied by their
own counsel for the purpose of advising them concerning their
constitutional rights.
(4) The chairman may punish breaches of order and decorum, and of
professional ethics on the part of counsel, by censure and exclusion
from the hearings; and the committee may cite the offender to the House
for contempt.
(5) Whenever it is asserted that the evidence or testimony at an
investigatory hearing may tend to defame, degrade, or incriminate any
person,
(A) such testimony or evidence shall be presented in executive
session, notwithstanding the provisions of clause 2(g)(2) of this
rule, if by a majority of those present, there being in attendance the
requisite number required under the rules of the committee to be
present for the purpose of taking testimony, the committee determines
that such evidence or testimony may tend to defame, degrade, or
incriminate any person; and
(B) the committee shall proceed to receive such testimony in open
session only if a majority of the members of the committee, a majority
being present, determine that such evidence or testimony will not tend
to defame, degrade, or incriminate any person.
In either case the committee shall afford such person an opportunity
voluntarily to appear as a witness, and receive and dispose of requests
from such person to subpoena additional witnesses.
(6) Except as provided in subparagraph (5), the chairman shall receive
and the committee shall dispose of requests to subpoena additional
witnesses.
(7) No evidence or testimony taken in executive session may be
released or used in public sessions without the consent of the
committee.
(8) In the discretion of the committee, witnesses may submit brief and
pertinent sworn statements in writing for inclusion in the record. The
committee is the sole judge of the pertinency of testimony and evidence
adduced at its hearing.
(9) A witness may obtain a transcript copy of his testimony given at a
public session or, if given at an executive session, when authorized by
the committee.
Committee procedures for reporting bills
and resolutions
(l)(1)(A) It shall be the duty of the chairman of each committee
to report or cause to be reported promptly to the House any measure
approved by the committee and to take or cause to be taken necessary
steps to bring a matter to a vote.
(B) In any event, the report of any committee on a measure which has
been approved by the committee shall be filed within seven calendar days
(exclusive of days on which the House is not in session) after the day
on which there has been filed with the clerk of the committee a written
request, signed by a majority of the members of the committee, for the
reporting of that measure. Upon the filing of any such request, the
clerk of the committee shall transmit immediately to the chairman of the
committee notice of the filing of that request. This subdivision does
not apply to the reporting of a regular appropriation bill by the
Committee on Appropriations prior to compliance with subdivision (C) and
does not apply to a report of the Committee on Rules with respect to the
rules, joint rules, or order of business of the House or to the
reporting of a resolution of inquiry addressed to the head of an
executive department.
(2)(A) No measure or recommendation shall be reported from any
committee unless a majority of the committee was actually present, which
shall be deemed the case if the records of the committee establish that
a majority of the committee responded on a rollcall vote on that
question. No point of order shall lie with respect to a measure or
recommendation on the ground that it was reported without a majority of
the committee actually present unless such point of order was timely
made in committee.
(B) With respect to each roll call vote on a motion to report any bill
or resolution of a public character, the total number of votes cast for,
and the total number of votes cast against, the reporting of such bill
or resolution shall be included in the committee report.
(3) The report of any committee on a measure which has been approved
by the committee shall include (A) the oversight findings and
recommendations required pursuant to clause 2(b)(1) of rule X separately
set out and clearly identified; (B) the statement required by section
308(a)(1) of the Congressional Budget Act of l974, separately set out
and clearly identified, if the measure provides new budget authority
(other than continuing appropriations), new spending authority described
in section 401(c)(2) of such Act, new credit authority, or an increase
or decrease in revenues or tax expenditures; (C) the estimate and
comparison prepared by the Director of the Congressional Budget Office
under section 403 of such Act, separately set out and clearly
identified, whenever the Director (if timely submitted prior to the
filing of the report) has submitted such estimate and comparison to the
committee; and (D) a summary of the oversight findings and
recommendations made by the Committee on Government Operations under
clause 4(c)(2) of rule X separately set out and clearly identified
whenever such findings and recommendations have been submitted to the
legislative committee in a timely fashion to allow an opportunity to
consider such findings and recommendations during the committee's
deliberations on the measure.
(4) Each report of a committee on each bill or joint resolution of a
public character reported by such committee shall contain a detailed
analytical statement as to whether the enactment of such bill or joint
resolution into law may have an inflationary impact on prices and costs
in the operation of the national economy.
(5) If, at the time of approval of any measure or matter by any
committee, other than the Committee on Rules, any member of the
committee gives notice of intention to file supplemental, minority, or
additional views, that member shall be entitled to not less than three
calendar days (excluding Saturdays, Sundays, and legal holidays) in
which to file such views, in writing and signed by that member, with the
clerk of the committee. All such views so filed by one or more members
of the committee shall be included within, and shall be a part of, the
report filed by the committee with respect to that measure or matter.
The report of the committee upon that measure or matter shall be printed
in a single volume which--
(A) shall include all supplemental, minority, or additional views
which have been submitted by the time of the filing of the report, and
(B) shall bear upon its cover a recital that any such supplemental,
minority, or additional views (and any material submitted under
subdivisions (C) and (D) of subparagraph (3)) are included as part of
the report.
This subparagraph does not preclude--
(i) the immediate filing or printing of a committee print unless
timely request for the opportunity to file supplemental, minority, or
additional views has been made as provided by this subparagraph; or
(ii) the filing by any such committee of any supplemental report
upon
[[Page 2523]]
any measure or matter which may be required for the correction of any
technical error in a previous report made by that committee upon that
measure or matter.
(6) A measure or matter reported by any committee (except the
Committee on Rules in the case of a resolution making in order the
consideration of a bill, resolution, or other order of business), shall
not be considered in the House until the third calendar day, excluding
Saturdays, Sundays, and legal holidays on which the report of that
committee upon that measure or matter has been available to the Members
of the House, or as provided by section 305(a)(1) of the Congressional
Budget Act of 1974 in the case of a concurrent resolution on the budget:
Provided, however, That it shall always be in order to call up for
consideration, notwithstanding the provisions of clause 4(b) of rule XI,
a report from the Committee on Rules specifically providing for the
consideration of a reported measure or matter notwithstanding this
restriction. If hearings have been held on any such measure or matter so
reported, the committee reporting the measure or matter shall make every
reasonable effort to have such hearings printed and available for
distribution to the Members of the House prior to the consideration of
such measure or matter in the House. This subparagraph shall not apply
to--
(A) any measure for the declaration of war, or the declaration of a
national emergency, by the Congress; or
(B) any decision, determination, or action by a Government agency
which would become or continue to be, effective unless disapproved or
otherwise invalidated by one or both Houses of Congress.
For the purposes of the preceding sentence, a Government agency includes
any department, agency, establishment, wholly owned Government
corporation, or instrumentality of the Federal Government or the
government of the District of Columbia.
(7) If, within seven calendar days after a measure has, by resolution,
been made in order for consideration by the House, no motion has been
offered that the House consider that measure, any member of the
committee which reported that measure may be recognized in the
discretion of the Speaker to offer a motion that the House shall
consider that measure, if that committee has duly authorized that member
to offer that motion.
Power to sit and act
subpoena power
(m)(1) For the purpose of carrying out any of its functions and
duties under this rule and rule X (including any matters referred to it
under clause 5 of rule X), any committee, or any subcommittee thereof,
is authorized (subject to subparagraph (2)(A) of this paragraph)--
(A) to sit and act at such times and places within the United
States,P
whether the House is in session, has recessed, or has adjourned, and
to hold such hearings, and
(B) to require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books, records,
correspondence, memorandums, papers, and documents as it deems
necessary.
The chairman of the committee, or any member designated by such
chairman, may administer oaths to any witness.
(2)(A) A subpoena may be authorized and issued by a committee or
subcommittee under subparagraph (1)(B) in the conduct of any
investigation or series of investigations or activities, only when
authorized by a majority of the members voting, a majority being
present. The power to authorize and issue subpoenas under subparagraph
(1)(B) may be delegated to the chairman of the committee pursuant to
such rules and under such limitations as the committee may prescribe.
Authorized subpoenas shall be signed by the chairman of the committee or
by any member designated by the committee.
(B) Compliance with any subpoena issued by a committee or subcommittee
under subparagraph (1)(B) may be enforced only as authorized or directed
by the House.
Use of committee funds for travel
(n)(1) Funds authorized for a committee under clause 5 are for
expenses incurred in the committee's activities; however, local
currencies owned by the United States shall be made available to the
committee and its employees engaged in carrying out their official
duties outside the United States, its territories or possessions. No
appropriated funds, including those authorized under clause 5, shall be
expended for the purpose of defraying expenses of members of the
committee or its employees in any country where local currencies are
available for this purpose; and the following conditions shall apply
with respect to travel outside the United States or its territories or
possessions:
(A) No member or employee of the committee shall receive or expend
local currencies for subsistence in any country for any day at a rate
in excess of the maximum per diem set forth in applicable Federal law,
or if the Member or employee is reimbursed for any expenses for such
day, then the lesser of the per diem or the actual, unreimbursed
expenses (other than for transportation) incurred by the Member or
employee during that day.
(B) Each member or employee of the committee shall make to the
chairman of the committee an itemized report showing the dates each
country was visited, the amount of per diem furnished, the cost of
transportation furnished, any funds expended for any other official
purpose and shall summarize in these categories the total foreign
currencies and/or appropriated funds expended. All such individual
reports shall be filed no later than sixty days following the
completion of travel with the chairman of the committee for use in
complying with reporting requirements in applicable Federal law and
shall be open for public inspection.
(2) In carrying out the committee's activities outside of the United
States in any country where local currencies are unavailable, a member
or employee of the committee may not receive reimbursement for expenses
(other than for transportation) in excess of the maximum per diem set
forth in applicable Federal law, or if the member or employee is
reimbursed for any expenses for such day, then the lesser of the per
diem or the actual unreimbursed expenses (other than for transportation)
incurred, by the member or employee during any day.
(3) A member or employee of a committee may not receive reimbursement
for the cost of any transportation in connection with travel outside of
the United States unless the member or employee has actually paid for
the transportation.
(4) The restrictions respecting travel outside of the United States
set forth in subparagraphs (2) and (3) shall also apply to travel
outside of the United States by Members, officers, and employees of the
House authorized under clause 8 of rule I, clause 1(b) of this rule, or
any other provision of these Rules of the House of Representatives.
(5) No local currencies owned by the United States may be made
available under this paragraph for the use outside of the United States
for defraying the expenses of a member of any committee after--
(A) the date of the general election of Members in which the Member
has not been elected to the succeeding Congress; or
(B) in the case of a Member who is not a candidate in such general
election, the earlier of the date of such general election or the
adjournment sine die of the last regular session of the Congress.
Broadcasting of Committee Hearings
3. (a) It is the purpose of this clause to provide a means, in
conformity with acceptable standards of dignity, propriety, and decorum,
by which committee hearings, or committee meetings, which are open to
the public may be covered, by television broadcast, radio broadcast, and
still photography, or by any of such methods of coverage--
(1) for the education, enlightenment, and information of the general
public, on the basis of accurate and impartial news coverage,
regarding the operations, procedures, and practices of the House as a
legislative and representative body and regarding the measures, public
issues, and other matters before the House and its committees, the
consideration thereof, and the action taken thereon; and
(2) for the development of the perspective and understanding of the
[[Page 2524]]
general public with respect to the role and function of the House
under the Constitution of the United States as an organ of the Federal
Government.
(b) In addition, it is the intent of this clause that radio and
television tapes and television film of any coverage under this clause
shall not be used, or made available for use, as partisan political
campaign material to promote or oppose the candidacy of any person for
elective public office.
(c) It is, further, the intent of this clause that the general conduct
of each meeting (whether of a hearing or otherwise) covered, under
authority of this clause, by television broadcast, radio broadcast, and
still photography, or by any of such methods of coverage, and the
personal behavior of the committee members and staff, other Government
officials and personnel, witnesses, television, radio, and press media
personnel, and the general public at the hearing or other meeting shall
be in strict conformity with and observance of the acceptable standards
of dignity, propriety, courtesy, and decorum traditionally observed by
the House in its operations and shall not be such as to--
(1) distort the objects and purposes of the hearing or other meeting
or the activities of committee members in connection with that hearing
or meeting or in connection with the general work of the committee or
of the House; or
(2) cast discredit or dishonor on the House, the committee, or any
Member or bring the House, the committee, or any Member into
disrepute.
(d) The coverage of committee hearings and meetings by television
broadcast, radio broadcast, or still photography is a privilege made
available by the House and shall be permitted and conducted only in
strict conformity with the purposes, provisions, and requirements of
this clause.
(e) Whenever any hearing or meeting conducted by any committee of the
House is open to the public, that committee may permit, by majority vote
of the committee, that hearing or meeting to be covered, in whole or in
part, by television broadcast, radio broadcast, and still photography,
or by any of such methods of coverage, but only under such written rules
as the committee may adopt in accordance with the purposes, provisions,
and requirements of this clause: Provided, however, Each committee or
subcommittee chairman shall determine, in his discretion, the number of
television and still cameras permitted in a hearing or meeting room.
(f) The written rules which may be adopted by a committee under
paragraph (e) of this clause shall contain provisions to the following
effect:
(1) If the television or radio coverage of the hearing or meeting is
to be presented to the public as live coverage, that coverage shall be
conducted and presented without commercial sponsorship.
(2) No witness served with a subpoena by the committee shall be
required against his or her will to be photographed at any hearing or
to give evidence or testimony while the broadcasting of that hearing,
by radio or television, is being conducted. At the request of any such
witness who does not wish to be subjected to radio, television, or
still photography coverage, all lenses shall be covered and all
microphones used for coverage turned off. This subparagraph is
supplementary to clause 2(k)(5) of this rule, relating to the
protection of the rights of witnesses.
(3) The allocation among the television media of the positions of
the number of television cameras permitted by a committee or
subcommittee chairman in a hearing or meeting room shall be in
accordance with fair and equitable procedures devised by the Executive
Committee of the Radio and Television Correspondents' Galleries.
(4) Television cameras shall be placed so as not to obstruct in any
way the space between any witness giving evidence or testimony and any
member of the committee or the visibility of that witness and that
member to each other.
(5) Television cameras shall operate from fixed positions but shall
not be placed in positions which obstruct unnecessarily the coverage
of the hearing or meeting by the other media.
(6) Equipment necessary for coverage by the television and radio
media shall not be installed in, or removed from, the hearing or
meeting room while the committee is in session.
(7) Floodlights, spotlights, strobelights, and flashguns shall not
be used in providing any method of coverage of the hearing or meeting,
except that the television media may install additional lighting in
the hearing or meeting room, without cost to the Government, in order
to raise the ambient lighting level in the hearing or meeting room to
the lowest level necessary to provide adequate television coverage of
the hearing or meeting at the then current state of the art of
television coverage.
(8) In the allocation of the number of still photographers permitted
by a committee or subcommittee chairman in a hearing or meeting room,
preference shall be given to photographers from Associated Press
Photos and United Press International Newspictures. If requests are
made by more of the media than will be permitted by a committee or
subcommittee chairman for coverage of the hearing or meeting by still
photography, that coverage shall be made on the basis of a fair and
equitable pool arrangement devised by the Standing Committee of Press
Photographers.
(9) Photographers shall not position themselves, at any time during
the course of the hearing or meeting, between the witness table and
the members of the committee.
(10) Photographers shall not place themselves in positions which
obstruct unnecessarily the coverage of the hearing by the other media.
(11) Personnel providing coverage by the television and radio media
shall be then currently accredited to the Radio and Television
Correspondents' Galleries.
(12) Personnel providing coverage by still photography shall be then
currently accredited to the Press Photographers' Gallery.
(13) Personnel providing coverage by the television and radio media
and by still photography shall conduct themselves and their coverage
activities in an orderly and unobtrusive manner.
Privileged Reports and Amendments
4. (a) The following committees shall have leave to report at any time
on the matters herein stated, namely: The Committee on Appropriations--
on general appropriation bills and on joint resolutions continuing
appropriations for a fiscal year if reported after September 15
preceding the beginning of such fiscal year; the Committee on the
Budget--on the matters required to be reported by such committee under
Titles III and IV of the Congressional Budget Act of 1974; the Committee
on House Administration--on enrolled bills, contested elections, and all
matters referred to it of printing for the use of the House or the two
Houses, and on all matters of expenditure of the contingent fund of the
House, and on all matters relating to preservation and availability of
noncurrent records of the House under rule XXXVI; the Committee on
Rules--on rules, joint rules, and the order of business; and the
Committee on Standards of Official Conduct--on resolutions recommending
action by the House of Representatives with respect to an individual
Member, officer, or employee of the House of Representatives as a result
of any investigation by the committee relating to the official conduct
of such Member, officer, or employee of the House of Representatives.
(b) It shall always be in order to call up for consideration a report
from the Committee on Rules on a rule, joint rule, or the order of
business (except it shall not be called up for consideration on the same
day it is presented to the House, unless so determined by a vote of not
less than two-thirds of the Members voting, but this provision shall not
apply during the last three days of the session), and, pending the
consideration thereof, the Speaker may entertain one motion that the
House adjourn; but after the result is announced the Speaker shall not
entertain any other dilatory motion until the report shall have been
fully disposed of. The Committee on Rules shall not report
[[Page 2525]]
any rule or order which provides that business under clause 7 of rule
XXIV shall be set aside by a vote of less than two-thirds of the Members
present; nor shall it report any rule or order which would prevent the
motion to recommit from being made as provided in clause 4 of rule XVI.
(c) The Committee on Rules shall present to the House reports
concerning rules, joint rules, and order of business, within three
legislative days of the time when the bill or resolution involved is
ordered reported by the committee. If any such rule or order is not
considered immediately, it shall be referred to the calendar and, if not
called up by the Member making the report within seven legislative days
thereafter, any member of the Rules Committee may call it up as a
question of privilege (but only on the day after the calendar day on
which such Member announces to the House his intention to do so) and the
Speaker shall recognize any member of the Rules Committee seeking
recognition for that purpose. If the Committee on Rules makes an adverse
report on any resolution pending before the committee, providing for an
order of business for the consideration by the House of any public bill
or joint resolution, on days when it shall be in order to call up
motions to discharge committees it shall be in order for any Member of
the House to call up for consideration by the House such adverse report,
and it shall be in order to move the adoption by the House of such
resolution adversely reported notwithstanding the adverse report of the
Committee on Rules, and the Speaker shall recognize the Member seeking
recognition for that purpose as a question of the highest privilege.
(d) Whenever the Committee on Rules reports a resolution repealing or
amending any of the Rules of the House of Representatives or part
thereof it shall include in its report or in an accompanying document--
(1) the text of any part of the Rules of the House of
Representatives which is proposed to be repealed; and
(2) a comparative print of any part of the resolution making such an
amendment and any part of the Rules of the House of Representatives to
be amended, showing by an appropriate typographical device the
omissions and insertions proposed to be made.
Committee Expenses
5. (a) Whenever any committee, commission or other entity (except the
Committee on Appropriations and the Committee on the Budget) is to be
granted authorization for the payment, from the contingent fund of the
House, of its expenses in any year, other than those expenses to be paid
from appropriations provided by statute, such authorization initially
shall be procured by one primary expense resolution for the committee,
commission or other entity providing funds for the payment of the
expenses of the committee, commission or other entity for that year from
the contingent fund of the House. Any such primary expense resolution
reported to the House shall not be considered in the House unless a
printed report on that resolution has been available to the Members of
the House for at least one calendar day prior to the consideration of
that resolution in the House. Such report shall, for the information of
the House--
(1) state the total amount of the funds to be provided to the
committee, commission or other entity under the primary expense
resolution for all anticipated activities and programs of the
committee, commission or other entity; and
(2) to the extent practicable, contain such general statements
regarding the estimated foreseeable expenditures for the respective
anticipated activities and programs of the committee, commission or
other entity as may be appropriate to provide the House with basic
estimates with respect to the expenditure generally of the funds to be
provided to the committee, commission or other entity under the
primary expense resolution.
(b) After the date of adoption by the House of any such primary
expense resolution for any such committee, commission or other entity
for any year, authorization for the payment from the contingent fund of
additional expenses of such committee, commission or other entity in
that year, other than those expenses to be paid from appropriations
provided by statute, may be procured by one or more supplemental expense
resolutions for that committee, commission or other entity as
necesssary. Any such supplemental expense resolution reported to the
House shall not be considered in the House unless a printed report on
that resolution has been available to the Members of the House for at
least one calendar day prior to the consideration of that resolution in
the House. Such report shall, for the information of the House--
(1) state the total amount of additional funds to be provided to the
committee, commission or other entity under the supplemental expense
resolution and the purpose or purposes for which those additional
funds are to be used by the committee, commission or other entity; and
(2) state the reason or reasons for the failure to procure the
additional funds for the committee, commission or other entity by
means of the primary expense resolution.
(c) The preceding provisions of this clause do not apply to--
(1) any resolution providing for the payment from the contingent
fund of the House of sums necessary to pay compensation for staff
services performed for, or to pay other expenses of, any committee,
commission or other entity at any time from and after the beginning of
any year and before the date of adoption by the House of the primary
expense resolution providing funds to pay the expenses of that
committee, commission or other entity for that year; or
(2) any resolution providing in any Congress, for all of the
standing committees of the House, additional office equipment, airmail
and special delivery postage stamps, supplies, staff personnel, or any
other specific item for the operation of the standing committees, and
containing an authorization for the payment from the contingent fund
of the House of the expenses of any of the foregoing items provided by
that resolution, subject to and until enactment of the provisions of
the resolution as permanent law.
(d) From the funds provided for the appointment of committee staff
pursuant to primary and additional expense resolutions--
(1) The chairman of each standing subcommittee of a standing
committee of the House is authorized to appoint one staff member who
shall serve at the pleasure of the subcommittee chairman.
(2) The ranking minority party member of each standing subcommittee
on each standing committee of the House is authorized to appoint one
staff person who shall serve at the pleasure of the ranking minority
party member.
(3) The staff members appointed pursuant to the provisions of
subparagraphs (1) and (2) shall be compensated at a rate determined by
the subcommittee chairman not to exceed (A) 75 per centum of the
maximum established in paragraph (c) of clause 6 or (B) the rate paid
the staff member appointed pursuant to subparagraph (1) of this
paragraph.
(4) For the purpose of this paragraph, (A) there shall be no more
than six standing subcommittees of each standing committee of the
House, except for the Committee on Appropriations, and (B) no member
shall appoint more than one person pursuant to the above provisions.
(5) The staff positions made available to the subcommittee chairman
and ranking minority party members pursuant to subparagraphs (1) and
(2) of this paragraph shall be made available from the staff positions
provided under clause 6 of rule XI unless such staff positions are
made available pursuant to a primary or additional expense resolution.
(e) No primary expense resolution or additional expense resolution of
a committee may provide for the payment or reimbursement of expenses
incurred by any member of the committtee for travel by the member after
the date of the general election of Members in which the Member is not
elected to the succeeding Congress, or in the case of a Member who is
not a candidate in such general election, the earlier of the date of
such general election or the adjournment sine die of the last regular
session of the Congress.
[[Page 2526]]
(f)(1) For continuance of necessary investigations and studies by--
(A) each standing committee and select committee established by
these rules; and
(B) except as provided in subparagraph (2), each select committee
established by resolution;
there shall be paid out of the contingent fund of the House such amounts
as may be necessary for the the period beginning at noon on January 3
and ending at midnight on March 31 of each year.
(2) In the case of the first session of a Congress, amounts shall be
made available under this paragraph for a select committee established
by resolution in the preceding Congress only if--
(A) a reestablishing resolution for such select committee is
introduced in the present Congress; and
(B) no resolution of the preceding Congress provided for termination
of funding of investigations and studies by such select committee at
or before the end of the preceding Congress.
(3) Each committee receiving amounts under this paragraph shall be
entitled, for each month in the period specified in subparagraph (1), to
9 per centum (or such lesser percentum as may be determined by the
Committee on House Administration) of the total annualized amount made
available under expense resolutions for such committee in the preceding
session of Congress.
(4) Payments under this paragraph shall be made on vouchers authorized
by the committee involved, signed by the chairman of such committee,
except as provided in subparagraph (5), and approved by the Committee on
House Administration.
(5) Notwithstanding any provision of law, rule of the House, or other
authority, from noon on January 3 of the first session of a Congress,
until the election by the House of the committee involved in that
Congress, payments under this paragraph shall be made on vouchers signed
by--
(A) the chairman of such committee as constituted at the close of
the preceding Congress; or
(B) if such chairman is not a Member in the present Congress, the
ranking majority party member of such committee as constituted at the
close of the preceding Congress who is a Member in the present
Congress.
(6)(A) The authority of a committee to incur expenses under this
paragraph shall expire upon agreement by the House to a primary expense
resolution for such committee.
(B) Amounts made available under this paragraph shall be expended in
accordance with regulations prescribed by the Committee on House
Administration.
(C) The provisions of this paragraph shall be effective only insofar
as not inconsistent with any resolution, reported by the Committee on
House Administration and adopted after the date of adoption of these
rules.
Committee Staffs
6. (a)(1) Subject to subparagraph (2) of this paragraph and paragraph
(f) of this clause, each standing committee may appoint, by majority
vote of the committee, not more than eighteen professional staff
members. Each professional staff member appointed under this
subparagraph shall be assigned to the chairman and the ranking minority
party member of such committee, as the committee considers advisable.
(2) Subject to paragraph (f) of this clause, whenever a majority of
the minority party members of a standing committee (except the Committee
on Standards of Official Conduct and the Permanent Select Committee on
Intelligence) so request, not more than six persons may be selected, by
majority vote of the minority party members, for appointment by the
committee as professional staff members from among the number authorized
by subparagraph (1) of this paragraph. The committee shall appoint any
persons so selected whose character and qualifications are acceptable to
a majority of the committee. If the committee determines that the
character and qualifications of any person so selected are unacceptable
to the committee, a majority of the minority party members may select
other persons for appointment by the committee to the professional staff
until such appointment is made. Each professional staff member appointed
under this subparagraph shall be assigned to such committee business as
the minority party members of the committee consider advisable.
(3) The professional staff members of each standing committee--
(A) shall not engage in any work other than committee business
during congressional working hours; and
(B) shall not be assigned any duties other than those pertaining to
committee business.
(4) Services of the professional staff members of each standing
committee may be terminated by majority vote of the committee.
(5) The foregoing provisions of this paragraph do not apply to the
Committee on Appropriations and to the Committee on the Budget and the
provisions of subparagraphs (3) (B) and (C) do not apply to the
Committee on Rules.
(b)(1) The clerical staff of each standing committee shall consist of
not more than twelve clerks, to be attached to the office of the
chairman, to the ranking minority party members, and to the professional
staff, as the committee considers advisable. Subject to subparagraph (2)
of this paragraph and paragraph (f) of this clause, the clerical staff
shall be appointed by majority vote of the committee. Except as provided
by subparagraph (2) of this paragraph the clerical staff shall handle
committee correspondence and stenographic work both for the committee
staff and for the chairman and the ranking minority party member on
matters related to committee work.
(2) Subject to paragraph (f) of this clause, whenever a majority of
the minority party members of a standing committee (except the Committee
on Standards of Official Conduct and the Permanent Select Committee on
Intelligence) so request, four persons may be selected, by majority vote
of the minority party members, for appointment by the committee to
positions on the clerical staff from among the number of clerks
authorized by subparagraph (1) of this paragraph. The committee shall
appoint to those positions any person so selected whose character and
qualifications are acceptable to a majority of the committee. If the
committee determines that the character and qualifications of any person
so selected are unacceptable to the committee, a majority of the
minority party members, may select other persons for appointment by the
committee to the position involved on the clerical staff until such
appointment is made. Each clerk appointed under this subparagraph shall
handle committee correspondence and stenographic work for the minority
party members of the committee and for any members of the professional
staff appointed under subparagraph (2) of paragraph (a) of this clause
on matters related to committee work.
(3) Services of the clerical staff members of each standing committee
may be terminated by majority vote of the committee.
(4) The foregoing provisions of this paragraph do not apply to the
Committee on Appropriations and the Committee on the Budget.
(c) Each employee on the professional, clerical and investigating
staff of each standing committee shall be entitled to pay at a single
gross per annum rate, to be fixed by the chairman, which does not exceed
the maximum rate of pay, as in effect from time to time, under
applicable provisions of law.
(d) Subject to appropriations hereby authorized, the Committee on
Appropriations and the Committee on the Budget may appoint such staff,
in addition to the clerk thereof and assistants for the minority, as it
determines by majority vote to be necessary, such personnel, other than
minority assistants, to possess such qualifications as the committee may
prescribe.
(e) No committee shall appoint to its staff any experts or other
personnel detailed or assigned from any department or agency of the
Government, except with the written permission of the Committee on House
Administration.
(f) If a request for the appointment of a minority professional staff
member under paragraph (a), or a minority clerical staff member under
paragraph (b), is made when no vacancy exists to which that appointment
may be made, the committee nevertheless shall appoint, under paragraph
(a) or paragraph (b), as applicable, the person se-P
[[Page 2527]]
lected by the minority and acceptable to the committee. The person so
appointed shall serve as an additional member of the professional staff
or the clerical staff, as the case may be, of the committee, and shall
be paid from the contingent fund, until such a vacancy (other than a
vacancy in the position of head of the professional staff, by whatever
title designated) occurs, at which time that person shall be deemed to
have been appointed to that vacancy. If such vacancy occurs on the
professional staff when seven or more persons have been so appointed who
are eligible to fill that vacancy, a majority of the minority party
members shall designate which of those persons shall fill that vacancy.
(g) Each staff member appointed pursuant to a request by minority
party members under paragraph (a) or (b) of this clause, and each staff
member appointed to assist minority party members of a committee
pursuant to an expense resolution described in paragraph (a) or (b) of
clause 5, shall be accorded equitable treatment with respect to the
fixing of his or her rate of pay, the assignment to him or her of work
facilities, and the accessibility to him or her of committee records.
(h) Paragraphs (a) and (b) of this clause shall not be construed to
authorize the appointment of additional professional or clerical staff
members of a committee pursuant to a request under either of such
paragraphs by the minority party members of that committee if six or
more professional staff members or four or more clerical staff members,
provided for in paragraph (a)(1) or paragraph (b)(1) of this clause, as
the case may be, who are satisfactory to a majority of the minority
party members, are otherwise assigned to assist the minority party
members.
(i) Notwithstanding paragraphs (a)(2) and (b)(2), a committee may
employ nonpartisan staff, in lieu of or in addition to committee staff
designated exclusively for the majority or minority party, upon an
affirmative vote of a majority of the members of the majority party and
a majority of the members of the minority party.
Rule XII
resident commissioner and delegates
1. The Resident Commissioner to the United States from Puerto Rico and
each Delegate to the House shall be elected to serve on standing
committees in the same manner as Members of the House and shall possess
in such committees the same powers and privileges as the other Members.
2. In a Committee of the Whole House on the state of the Union, the
Resident Commissioner to the United States from Puerto Rico and each
Delegate to the House shall possess the same powers and privileges as
Members of the House.
Rule XIII
calendars and reports of committees
l. There shall be three calendars to which all business reported from
committees shall be referred, viz:
First. A Calendar of the Committee of the Whole House on the state of
the Union, to which shall be referred bills raising revenue, general
appropriation bills, and bills of a public character directly or
indirectly appropriating money or property.
Second. A House Calendar, to which shall be referred all bills of a
public character not raising revenue nor directly or indirectly
appropriating money or property.
Third. A Calendar of the Commitee of the Whole House, to which shall
be referred all bills of a private character.
2. All reports of committees, except as provided in clause 4(a) of
rule XI, together with the views of the minority, shall be delivered to
the Clerk for printing and reference to the proper calendar under the
direction of the Speaker, in accordance with the foregoing clause, and
the titles or subject thereof shall be entered on the Journal and
printed in the Record: Provided, That bills reported adversely shall be
laid on the table, unless the committee reporting a bill, at the time,
or any Member within three days thereafter, shall request its reference
to the calendar, when it shall be referred, as provided in clause 1 of
this rule.
3. Whenever a committee reports a bill or a joint resolution repealing
or amending any statute or part thereof it shall include in its report
or in an accompanying document--
(1) The text of the statute or part thereof which is proposed to be
repealed; and
(2) A comparative print of that part of the bill or joint resolution
making the amendment and of the statute or part thereof proposed to be
amended, showing by stricken-through type and italic, parallel
columns, or other appropriate typographical devices the omissions and
insertions proposed to be made: Provided, however, That if a committee
reports such a bill or joint resolution with amendments or an
amendment in the nature of a substitute for the entire bill, such
report shall include a comparative print showing any changes in
existing law proposed by the amendments or substitute instead of as in
the bill as introduced.
4. After a bill has been favorably reported and shall be upon either
the House or Union Calendar any Member may file with the Clerk a notice
that he desires such bill placed upon a special calendar to be known as
the ``Consent Calendar''. On the first and third Mondays of each month
immediately after the reading of the Journal, the Speaker shall direct
the Clerk to call the bills in numerical order, which have been for
three legislative days upon the ``Consent Calendar''. Should objection
be made to the consideration of any bill so called it shall be carried
over on the calendar without prejudice to the next day when the
``Consent Calendar'' is again called, and if objected to by three or
more Members it shall immediately be stricken from the calendar, and
shall not thereafter during the same session of that Congress be placed
again thereon: Provided, That no bill shall be called twice on the same
legislative day.
5. There shall also be a Calendar of Motions to Discharge Committees,
as provided in clause 3 of rule XXVII.
6. Calendars shall be printed daily.
7. (a) The report accompanying each bill or joint resolution of a
public character reported by any committee shall contain--
(1) an estimate, made by such committee, of the costs which would be
incurred in carrying out such bill or joint resolution in the fiscal
year in which it is reported, and in each of the five fiscal years
following such fiscal year (or for the authorized duration of any
program authorized by such bill or joint resolution, if less than five
years); and
(2) a comparison of the estimate of costs described in subparagraph
(1) of this paragraph made by such committee with any estimate of such
costs made by any Government agency and submitted to such committee.
(b) It shall not be in order to consider any such bill or joint
resolution in the House if the report of the committee which reported
that bill or joint resolution does not comply with paragraph (a) of this
clause.
(c) For the purposes of subparagraph (2) of paragraph (a) of this
clause, a Government agency includes any department, agency,
establishment, wholly owned Government corporation, or instrumentality
of the Federal Government or the government of the District of Columbia.
(d) The preceding provisions of this clause do not apply to the
Committee on Appropriations, the Committee on House Administration, the
Committee on Rules, and the Committee on Standards of Official Conduct,
and do not apply where a cost estimate and comparison prepared by the
Director of the Congressional Budget Office under section 403 of the
Congressional Budget Act of 1974 has been timely submitted prior to the
filing of the report and included in the report pursuant to clause
2(l)(3)(C) of rule XI.
Rule XIV
of decorum and debate
1. When any Member desires to speak or deliver any matter to the
House, he shall rise and respectfully address himself to ``Mr.
Speaker'', and, on being recognized, may address the House from any
place on the floor or from the Clerk's desk, and shall confine himself
to the question under debate, avoiding personality. Debate may include
references to actions taken by the Senate or by committees thereof which
are a matter of public record, references to
[[Page 2528]]
the pendency or sponsorship in the Senate of bills, resolutions, and
amendments, factual descriptions relating to Senate action or inaction
concerning a measure then under debate in the House, and quotations from
Senate proceedings on a measure then under debate in the House and which
are relevant to the making of legislative history establishing the
meaning of that measure, but may not include characterizations of Senate
action or inaction, other references to individual Members of the
Senate, or other quotations from Senate proceedings.
2. When two or more Members rise at once, the Speaker shall name the
Member who is first to speak; and no Member shall occupy more than one
hour in debate on any question in the House or in committee, except as
further provided in this rule.
3. The Member reporting the measure under consideration from a
committee may open and close, where general debate has been had thereon;
and if it shall extend beyond one day, he shall be entitled to one hour
to close, notwithstanding he may have used an hour in opening.
4. If any Member, in speaking or otherwise, transgress the rules of
the House, the Speaker shall, or any Member may, call him to order; in
which case he shall immediately sit down, unless permitted, on motion of
another Member, to explain, and the House shall, if appealed to, decide
on the case without debate; if the decision is in favor of the Member
called to order, he shall be at liberty to proceed, but not otherwise;
and, if the case requires it, he shall be liable to censure or such
punishment as the House may deem proper.
5. If a Member is called to order for words spoken in debate, the
Member calling him to order shall indicate the words excepted to, and
they shall be taken down in writing at the Clerk's desk and read aloud
to the House; but he shall not be held to answer, nor be subject to the
censure of the House therefor, if further debate or other business has
intervened.
6. No Member shall speak more than once to the same question without
leave of the House, unless he be the mover, proposer, or introducer of
the matter pending, in which case he shall be permitted to speak in
reply, but not until every Member choosing to speak shall have spoken.
7. While the Speaker is putting a question or addressing the House no
Member shall walk out of or across the hall, nor, when a Member is
speaking, pass between him and the Chair; and during the session of the
House no Member shall wear his hat, or remain by the Clerk's desk during
the call of the roll or the counting of ballots or smoke upon the floor
of the House; and the Sergeant-at-Arms and Doorkeeper are charged with
the strict enforcement of this clause. Neither shall any person be
allowed to smoke upon the floor of the House at any time.
8. It shall not be in order for any Member to introduce to or to bring
to the attention of the House during its sessions any occupant in the
galleries of the House; nor may the Speaker entertain a request for the
suspension of this rule by unanimous consent or otherwise.
Rule XV
on calls of the roll and house
1. Subject to clause 5 of this rule, upon every roll call the names of
the Members shall be called alphabetically by surname, except when two
or more have the same surname, in which case the name of the State shall
be added; and if there be two such Members from the same State, the
whole name shall be called, and after the roll has been once called, the
Clerk shall call in their alphabetical order the names of those not
voting. Members appearing after the second call, but before the result
is announced, may vote or announce a pair.
2. (a) In the absence of a quorum, fifteen Members, including the
Speaker, if there is one, shall be authorized to compel the attendance
of absent Members; and those for whom no sufficient excuse is made may,
by order of a majority of those present, subject to clause 6(e)(2) of
this rule be sent for and arrested, wherever they may be found, by
officers to be appointed by the Sergeant-at-Arms for that purpose, and
their attendance secured and retained; and the House shall determine
upon what condition they shall be discharged. Members who voluntarily
appear shall, unless the House otherwise direct, be immediately admitted
to the Hall of the House, and they shall report their names to the Clerk
to be entered upon the Journal as present.
(b) Subject to clause 5 of this rule, when a call of the House in the
absence of a quorum is ordered, the Speaker shall name one or more
clerks to tell the Members who are present. The names of those present
shall be recorded by such clerks, and shall be entered in the Journal
and the absentees noted, but the doors shall not be closed except when
so ordered by the Speaker. Members shall have not less than fifteen
minutes from the ordering of a call of the House to have their presence
recorded.
3. On the demand of any Member, or at the suggestion of the Speaker,
the names of Members sufficient to make a quorum in the Hall of the
House who do not vote shall be noted by the Clerk and recorded in the
Journal, and reported to the Speaker with the names of the Members
voting, and be counted and announced in determining the presence of a
quorum to do business.
4. Subject to clause 5 of this rule, whenever a quorum fails to vote
on any question, and a quorum is not present and objection is made for
that cause, unless the House shall adjourn there shall be a call of the
House, and the Sergeant-at-Arms shall forthwith proceed to bring in
absent Members, and the yeas and nays on the pending question shall at
the same time be considered as ordered. The Clerk shall call the roll,
and each Member as he answers to his name may vote on the pending
question, and, after the rollcall is completed, each Member arrested
shall be brought by the Sergeant-at-Arms before the House, whereupon he
shall be noted as present, discharged from arrest and given an
opportunity to vote and his vote shall be recorded. If those voting on
the question and those who are present and decline to vote shall
together make a majority of the House, the Speaker shall declare that a
quorum is constituted, and the pending question shall be decided as the
majority of those voting shall appear. And thereupon further proceedings
under the call shall be considered as dispensed with. At any time after
the roll call has been completed, the Speaker may entertain a motion to
adjourn, if seconded by a majority of those present, to be ascertained
by actual count by the Speaker; and if the House adjourns, all
proceedings under this section shall be vacated.
5. (a) Unless, in his discretion, the Speaker orders the calling of
the names of Members in the manner provided for under the preceding
provisions of this rule, upon any roll call or quorum call the names of
such Members voting or present shall be recorded by electronic device.
In any such case, the Clerk shall enter in the Journal and publish in
the Congressional Record, in alphabetical order in each category, a list
of names of those Members recorded as voting in the affirmative, of
those Members recorded as voting in the negative, and of those Members
answering present, as the case may be, as if their names had been called
in the manner provided for under such preceding provisions. Members
shall have not less than fifteen minutes from the ordering of the roll
call or quorum call to have their vote or presence recorded.
(b) The Speaker may, in his discretion, reduce to not less than five
minutes the time within which a rollcall vote by electronic device may
be taken--
(1) after a rollcall vote has been ordered on a motion for the
previous question on a resolution reported by the Committee on Rules
providing a special order of business, on the question of adoption of
such resolution, if the question of adoption follows without
intervening business the vote on the motion for the previous question;
(2) after a rollcall vote has been ordered on an amendment reported
from the Committee of the Whole House on the state of the Union, on
any subsequent amendment to that bill or resolution reported from the
Committee of the Whole; or
(3) after a rollcall vote has been ordered on a motion to recommit a
bill, resolution, or conference report thereon, on the question of
passage
[[Page 2529]]
or adoption, as the case may be, of such bill, resolution, or
conference report thereon, if the question of passage or adoption
follows without intervening business the vote on the motion to
recommit.
6. (a) It shall not be in order to make or entertain a point of order
that a quorum is not present--
(1) before or during the offering of prayer;
(2) during the administration of the oath of office to the Speaker
or Speaker pro tempore or a Member, Delegate, or Resident
Commissioner;
(3) during the reception of any message from the President of the
United States or the United States Senate; and
(4) during the offering, consideration, and disposition of any
motion incidental to a call of the House.
(b) A quorum shall not be required in Committee of the Whole for
agreement to a motion that the Committee rise.
(c) After the presence of a quorum is once ascertained on any day on
which the House is meeting, a point of order of no quorum may not be
made or entertained--
(1) during the reading of the Journal;
(2) during the period after a Committee of the Whole has risen after
completing its consideration of a bill or resolution and before the
Chairman of the Committee has reported the bill or resolution back to
the House; and
(3) during any period of a legislative day when the Speaker is
recognizing Members (including a Delegate or Resident Commissioner) to
address the House under special orders, with no measure or matter then
under consideration for disposition by the House.
(d) When the presence of a quorum is ascertained, a further point of
order that a quorum is not present may not thereafter be made or
entertained until additional business intervenes. For purposes of this
paragraph, the term ``business'' does not include any matter,
proceeding, or period referred to in paragraph (a), (b), or (c) of this
clause for which a quorum is not required or a point of order of no
quorum may not be made or entertained.
(e)(1) Except as provided by subparagraph (2), it shall not be in
order to make or entertain a point of order that a quorum is not present
unless the Speaker has put the pending motion or proposition to a vote.
(2) Notwithstanding subparagraph (1), it shall always be in order for
a Member to move a call of the House when recognized for that purpose by
the Speaker, and when a quorum has been established pursuant to a call
of the House, further proceedings under the call shall be considered as
dispensed with unless the Speaker, in his discretion, recognizes for a
motion under clause (2)(a) of this rule or for a motion to dispense with
further proceedings under the call.
Rule XVI
on motions, their precedence, etc.
1. Every motion made to the House and entertained by the Speaker shall
be reduced to writing on the demand of any Member, and shall be entered
on the Journal with the name of the Member making it, unless it is
withdrawn the same day.
2. When a motion has been made, the Speaker shall state it or (if it
be in writing) cause it to be read aloud by the Clerk before being
debated, and it shall then be in possession of the House, but may be
withdrawn at any time before a decision or amendment.
3. When any motion or proposition is made, the question, Will the
House now consider it? shall not be put unless demanded by a Member.
4. When a question is under debate, no motion shall be received but to
adjourn, to lay on the table, for the previous question (which motions
shall be decided without debate), to postpone to a day certain, to
refer, or to amend, or postpone indefinitely; which several motions
shall have precedence in the foregoing order; and no motion to postpone
to a day certain, to refer, or to postpone indefinitely, being decided,
shall be again allowed on the same day at the same stage of the
question. After the previous question shall have been ordered on the
passage of a bill or joint resolution one motion to recommit shall be in
order, and the Speaker shall give preference in recognition for such
purpose to a Member who is opposed to the bill or joint resolution.
However, with respect to any motion to recommit with instructions after
the previous question shall have been ordered, it always shall be in
order to debate such motion for ten minutes before the vote is taken on
that motion, except that on demand of the floor manager for the majority
it shall be in order to debate such motion for one hour. One half of any
debate on such motions shall be given to debate by the mover of the
motion and one half to debate in opposition to the motion. It shall be
in order at any time during a day for the Speaker, in his discretion, to
entertain motions that (1) the Speaker be authorized to declare a
recess; and (2) when the House adjourns it stand adjourned to a day and
time certain. Either motion shall be of equal privilege with the motion
to adjourn provided for in this clause and shall be determined without
debate.
5. The hour at which the House adjourns shall be entered on the
Journal.
6. On the demand of any Member, before the question is put, a question
shall be divided if it includes propositions so distinct in substance
that one being taken away a substantive proposition shall remain:
Provided, That any motion or resolution to elect the members or any
portion of the members of the standing committees of the House and the
joint standing committees shall not be divisable, nor shall any
resolution or order reported by the Committee on Rules, providing a
special order of business be divisible.
7. A motion to strike out and insert is indivisible, but a motion to
strike out being lost shall neither preclude amendment nor motion to
strike out and insert; and no motion or proposition on a subject
different from that under consideration shall be admitted under color of
amendment.
8. Pending a motion to suspend the rules, the Speaker may entertain
one motion that the House adjourn; but after the result thereon is
announced he shall not entertain any other motion until the vote is
taken on suspension.
9. At any time after the reading of the Journal it shall be in order,
by direction of the appropriate committees, to move that the House
resolve itself into the Committee of the Whole House on the state of the
Union for the purpose of considering bills raising revenue, or general
appropriation bills.
10. No dilatory motion shall be entertained by the Speaker.
Rule XVII
previous question
1. There shall be a motion for the previous question, which, being
ordered by a majority of Members voting, if a quorum be present, shall
have the effect to cut off all debate and bring the House to a direct
vote upon the immediate question or questions on which it has been asked
and ordered. The previous question may be asked and ordered upon a
single motion, a series of motions allowable under the rules, or an
amendment or amendments, or may be made to embrace all authorized
motions or amendments and include the bill to its passage or rejection.
It shall be in order, pending the motion for, or after the previous
question shall have been ordered on its passage, for the Speaker to
entertain and submit a motion to commit, with or without instructions,
to a standing or select committee.
2. A call of the House shall not be in order after the previous
question is ordered, unless it shall appear upon an actual count by the
Speaker that a quorum is not present.
3. All incidental questions of order arising after a motion is made
for the previous question, and pending such motion, shall be decided,
whether on appeal or otherwise, without debate.
Rule XVIII
reconsideration
1. When a motion has been made and carried or lost, it shall be in
order for any member of the majority, on the same or succeeding day, to
move for the reconsideration thereof, and such motion shall take
precedence of all other questions except the consideration of a
conference report or a motion to adjourn, and shall not be withdrawn
after the said succeeding day without the consent of the House, and
thereafter any Member may call it up for consideration: Provided, That
such
[[Page 2530]]
motion, if made during the last six days of a session, shall be disposed
of when made.
2. No bill, petition, memorial, or resolution referred to a committee,
or reported therefrom for printing and recommitment, shall be brought
back into the House on a motion to reconsider; and all bills, petitions,
memorials, or resolutions reported from a committee shall be accompanied
by reports in writing, which shall be printed.
Rule XIX
of amendments
When a motion or proposition is under consideration a motion to amend
and a motion to amend that amendment shall be in order, and it shall
also be in order to offer a further amendment by way of substitute, to
which one amendment may be offered, but which shall not be voted on
until the original matter is perfected, but either may be withdrawn
before amendment or decision is had thereon. Amendments to the title of
a bill or resolution shall not be in order until after its passage, and
shall be decided without debate.
Rule XX
of amendments of the senate
l. Any amendment of the Senate to any House bill shall be subject to
the point of order that it shall first be considered in the Committee of
the Whole House on the state of the Union, if, originating in the House,
it would be subject to that point: Provided, however, That a motion to
disagree with the amendments of the Senate to a House bill or resolution
and request or agree to a conference with the Senate, or a motion to
insist on the House amendments to a Senate bill or resolution and
request or agree to a conference with the Senate, shall always be in
order if the Speaker, in his discretion, recognizes for that purpose and
if the motion is made by direction of the committee having jurisdiction
of the subject matter of the bill or resolution.
2. No amendment of the Senate to a general appropriation bill which
would be in violation of the provisions of clause 2 of rule XXI, if said
amendment had originated in the House, nor any amendment of the Senate
providing for an appropriation upon any bill other than a general
appropriation bill, shall be agreed to by the managers on the part of
the House unless specific authority to agree to such amendment shall be
first given by the House by a separate vote on every such amendment.
Rule XXI
on bills
1. Bills and joint resolutions on their passage shall be read the
first time by title and the second time in full, when, if the previous
question is ordered, the Speaker shall state, the question to be: Shall
the bill be engrossed and read a third time? and, if decided in the
affirmative, it shall be read the third time by title, and the question
shall then be put upon its passage.
2. (a) No appropriation shall be reported in any general appropriation
bill, or shall be in order as an amendment thereto, for any expenditure
not previously authorized by law, except to continue appropriations for
public works and objects which are already in progress.
(b) No provision changing existing law shall be reported in any
general appropriation bill except germane provisions which retrench
expenditures by the reduction of amounts of money covered by the bill,
which may include those recommended to the Committee on Appropriations
by direction of any legislative committee having jurisdiction over the
subject matter thereof, and except rescissions of appropriations
contained in appropriations Acts.
(c) No amendment to a general appropriation bill shall be in order if
changing existing law. Except as provided in paragraph (d), no amendment
shall be in order during consideration of a general appropriation bill
proposing a limitation not specifically contained or authorized in
existing law for the period of the limitation.
(d) After a general appropriation bill has been read for amendment and
amendments not precluded by paragraphs (a) or (c) of this clause have
been considered, motions that the Committee of the Whole rise and report
the bill to the House with such amendments as may have been adopted
shall have precedence over motions to further amend the bill. If any
such motion is rejected, amendments proposing limitations not
specifically contained or authorized in existing law for the period of
the limitation or proposing germane amendments which retrench
expenditures by reduction of amounts of money covered by the bill may be
considered; but after the vote on any such amendment, the privileged
motion made in order under this paragraph may be renewed.
3. A report from the Committee on Appropriations accompanying any
general appropriation bill making an appropriation for any purpose shall
contain a concise statement describing fully the effect of any provision
of the accompanying bill which directly or indirectly changes the
application of existing law.
4. No bill for the payment or adjudication of any private claim
against the Government shall be referred, except by unanimous consent,
to any other than the following committees, namely: To the Committee on
Foreign Affairs or to the Committee on the Judiciary.
5. (a) No bill or joint resolution carrying appropriations shall be
reported by any committee not having jurisdiction to report
appropriations, nor shall an amendment proposing an appropriation be in
order during the consideration of a bill or joint resolution reported by
a committee not having that jurisdiction. A question of order on an
appropriation in any such bill, joint resolution, or amendment thereto
may be raised at any time.
(b) No bill or joint resolution carrying a tax or tariff measure shall
be reported by any committee not having jurisdiciton to report tax and
tariff measures, nor shall an amendment in the House or proposed by the
Senate carrying a tax or tariff measure be in order during the
consideration of a bill or joint resolution reported by a committee not
having that jurisdiction. A question of order on a tax or tariff measure
in any such bill, joint resolution, or amendment thereto may be raised
at any time.
6. No general appropriation bill or amendment thereto shall be
received or considered if it contains a provision reappropriating
unexpended balances of appropriations; except that this provision shall
not apply to appropriations in continuation of appropriations for public
works on which work has commenced, and shall not apply to transfers of
unexpended balances within the department or agency for which they were
originally appropriated, reported by the Committee on Appropriations.
7. No general appropriation bill shall be considered in the House
until printed committee hearings and a committee report thereon have
been available for the Members of the House for at least three calendar
days (excluding Saturdays, Sundays, and legal holidays).
Rule XXII
of petitions, memorials, bills, and resolutions
1. Members having petitions or memorials or bills of a private nature
to present may deliver them to the Clerk, indorsing their names and the
reference or disposition to be made thereof; and said petitions and
memorials and bills of a private nature, except such as, in the judgment
of the Speaker, are of an obscene or insulting character, shall be
entered on the Journal, with the names of the Members presenting them,
and the Clerk shall furnish a transcript of such entry to the official
reporters of debates for publication in the Record.
2. No private bill or resolution (including so-called omnibus claims
or pension bills), and no amendment to any bill or resolution,
authorizing or directing (1) the payment of money for property damages,
for personal injuries or death for which suit may be instituted under
the Tort Claims Procedure as provided in title 28, United States Code,
or for a pension (other than to carry out a provision of law or treaty
stipulation); (2) the construction of a bridge across a navigable
stream; or (3) the correction of a military or naval record, shall be
received or considered in the House.
3. Any petition or memorial or private bill excluded under this rule
shall be returned to the Member from whom it was received; and petitions
and pri-P
[[Page 2531]]
vate bills which have been inappropriately referred may, by the
direction of the committee having possession of the same, be properly
referred in the manner originally presented; and an erroneous reference
of a petition or private bill under this clause shall not confer
jurisdiction upon the committee to consider or report the same.
4. (a) All other bills, memorials, and resolutions may, in like
manner, be delivered, indorsed with the names of Members introducing
them, to the Speaker, to be by him referred, and the titles and
references thereof and of all bills, resolutions, and documents referred
under the rules shall be entered on the Journal and printed in the
Record of the next day, and correction in case of error of reference may
be made by the House, without debate, in accordance with rule X, on any
day immediately after the reading of the Journal, by unanimous consent,
or on motion of a committee claiming jurisdiction, or on the report of
the committee to which the bill has been erroneously referred. Two or
more Members may introduce jointly any bill, or resolution to which this
paragraph applies.
(b)(1) The name of any Member shall be added as a sponsor of any bill
or resolution to which paragraph (a) applies, and shall appear as a
sponsor in the next printing of that bill or resolution: Provided, That
a request signed by such Member is submitted by the first sponsor to the
Speaker (in the same manner as provided in paragraph (a)) no later than
the day on which the last committee authorized to consider and report
such bill or resolution reports it to the House.
(2) The name of any Member listed as a sponsor of any such bill or
resolution may be deleted by unanimous consent, but only at the request
of such Member, and such deletion shall be indicated in the next
printing of the bill or resolution (together with the date on which such
name was deleted). Such consent may be granted no later than the day on
which the last committee authorized to consider and report such bill or
resolution reports it to the House: Provided, however, That the Speaker
shall not entertain a request to delete the name of the first sponsor of
any bill or resolution.
(3) The addition of the name of any Member, or the deletion of any
name by unanimous consent, of a sponsor of any such bill or resolution
shall be entered on the Journal and printed in the Record of that day.
(4) Any such bill or resolution shall be reprinted (A) if the Member
whose name is listed as the first sponsor submits to the Speaker a
written request that it be reprinted, and (B) if twenty or more Members
have been added as sponsors of that bill or resolution since it was last
printed.
5. All resolutions of inquiry addressed to the heads of executive
departments shall be reported to the House within fourteen legislative
days after presentation.
6. When a bill, resolution, or memorial is introduced ``by request'',
these words shall be entered upon the Journal and printed in the Record.
Rule XXIII
of committees of the whole house
1. (a) In all cases, in forming a Committee of the Whole House, the
Speaker shall leave his chair after appointing a Member, Resident
Commissioner, or Delegate as Chairman to preside, who shall, in case of
disturbance or disorderly conduct in the galleries or lobby, have power
to cause the same to be cleared.
(b) After the House has adopted a special order of business resolution
reported by the Committee on Rules providing for the consideration of a
measure in the Committee of the Whole House on the state of the Union,
the Speaker may at any time within his discretion, when no question is
pending before the House, declare the House resolved into the committee
of the Whole House on the state of the Union for the consideration of
that measure without intervening motion, unless the resolution in
question provides otherwise.
2. (a) A quorum of a Committee of the Whole shall consist of one
hundred Members. The first time that a Committee of the Whole finds
itself without a quorum during any day, the Chairman shall invoke the
procedure for the call of the roll under clause 5 of rule XV, unless, in
his discretion, he orders a call of the Committee to be taken by the
procedure set forth in clause 1 or clause 2(b) of rule XV: Provided,
That the Chairman may in his discretion refuse to entertain a point of
order that a quorum is not present during general debate only. If on
such call, a quorum shall appear, the Committee shall continue its
business; but if a quorum does not appear, the Committee shall rise and
the Chairman shall report the names of the absentees to the House. After
the roll has been once called to establish a quorum during such day, the
Chairman may not entertain a point of order that a quorum is not present
unless the Committee is operating under the five-minute rule and the
Chairman has put the pending motion or proposition to a vote; and if the
Chairman sustains a point of order that a quorum is not present after
putting the question on such a motion or proposition, he may announce
that following a regular quorum call conducted pursuant to the previous
provisions of this clause, he will reduce to not less than five minutes
the period of time within which a recorded vote on the pending question
may be taken if such a vote is ordered. If, at any time during the
conduct of any quorum call in a Committee of the Whole, the Chairman
determines that a quorum is present, he may, in his discretion and
subject to his prior announcement, declare that a quorum is constituted.
Proceedings under the call shall then be considered as vacated, and the
Committee shall not rise but shall continue its sitting and resume its
business.
(b) In the Committee of the Whole, the Chair shall order a recorded
vote on request supported by at least twenty-five Members.
(c) In the Committee of the Whole, the Chairman may, in his
discretion, reduce to not less than five minutes the period of time
within which a rollcall vote by electronic device may be taken without
any intervening business or debate on any or all pending amendments
after the vote has been taken on the first pending amendment.
(d) Whenever a recorded vote on any question has been decided by a
margin within which the votes cast by the Delegates and the Resident
Commissioner have been decisive, the Committee of the Whole shall
automatically rise and the Speaker shall put that question de novo
without intervening debate or other business. Upon the announcement of
the vote on that question, the Committee of the Whole shall resume its
sitting without intervening motion.
3. All motions or propositions involving a tax or charge upon the
people, all proceedings touching appropriations of money, or bills
making appropriations of money or property, or requiring such
appropriation to be made, or authorizing payments out of appropriations
already made, or releasing any liability to the United States for money
or property, or referring any claim to the Court of Claims, shall be
first considered in a Committee of the Whole, and a point of order under
this rule shall be good at any time before the consideration of a bill
has commenced.
4. In Committees of the Whole House business on their calendars may be
taken up in regular order, or in such order as the committee may
determine, unless the bill to be considered was determined by the House
at the time of going into committee, but bills for raising revenue,
general appropriation bills, and bills for the improvement of rivers and
harbors shall have precedence.
5. (a) When general debate is closed by order of the House, any Member
shall be allowed five minutes to explain any amendment he may offer,
after which the Member who shall first obtain the floor shall be allowed
to speak five minutes in opposition to it, and there shall be no further
debate thereon, but the same privilege of debate shall be allowed in
favor of and against any amendment that may be offered to an amendment;
and neither an amendment nor an amendment to an amendment shall be
withdrawn by the mover thereof unless by the unanimous consent of the
committee. Upon the offering of any amendment by a Member, when the
House is meeting in the Committee of the Whole, the Clerk shall promptly
transmit to the majority committee table five copies of the amendment
and five copies to the minority committee table. Further, the Clerk
shall deliver at least one copy of
[[Page 2532]]
the amendment to the majority cloak room and at least one copy to the
minority cloak room.
(b) It shall be in order to move in the Committee of the Whole to
dispense with the reading of an amendment if the amendment has been
printed in the bill as reported from a committee, or if any Member shall
have caused the amendment to be printed in the Congressional Record, and
to be submitted to the Clerk, or to any responsible staff member
designated by the Chairman, of the reporting committee or committees, at
least one day prior to floor consideration, and said motion shall be
decided without debate.
6. The committee may, by the vote of a majority of the members
present, at any time after the five minutes' debate has begun upon
proposed amendments to any section or paragraph of a bill, close all
debate upon such section or paragraph or, at its election, upon the
pending amendments only (which motion shall be decided without debate);
but this shall not preclude further amendment, to be decided without
debate. However, if debate is closed on any section or paragraph under
this clause before there has been debate on any amendment which any
Member shall have caused to be printed in the Congressional Record after
the reporting of the bill by the committee but at least one day prior to
floor consideration of such amendment, the Member who caused such
amendment to be printed in the Record shall be given five minutes in
which to explain such amendment, after which the first person to obtain
the floor shall be given five minutes in opposition to it, and there
shall be no further debate thereon; but such time for debate shall not
be allowed when the offering of such amendment is dilatory. Material
placed in the Record pursuant to this provision shall indicate the full
text of the proposed amendment, the name of the proponent Member, the
number of the bill to which it will be offered and the point in the bill
or amendment thereto where the amendment is intended to be offered, and
shall appear in a portion of the Record designated for that purpose.
7. A motion to strike out the enacting words of a bill shall have
precedence of a motion to amend, and, if carried, shall be considered
equivalent to its rejection. Whenever a bill is reported from a
Committee of the Whole with an adverse recommendation and such
recommendation is disagreed to by the House, the bill shall stand
recommitted to the said committee without further action by the House,
but before the question of concurrence is submitted it is in order to
entertain a motion to refer the bill to any committee, with or without
instructions, and when the same is again reported to the House it shall
be referred to the Committee of the Whole without debate.
8. At the conclusion of general debate in a Committee of the Whole on
any concurrent resolution on the budget pursuant to section 305(a) of
the Congressional Budget Act of l974, the concurrent resolution shall be
considered as having been read for amendment. It shall not be in order
in the House or in a Committee of the Whole to consider an amendment to
a concurrent resolution on the budget, or any amendment to an amendment
thereto, unless the concurrent resolution as amended by such amendment
or amendments: (a) would be mathematically consistent (except to the
extent that the amendment involved is limited by the third sentence of
this clause); and (b) would contain all the matter set forth in
paragraphs (1) through (5) of section 301(a) of the Congressional Budget
Act of 1974. It shall not be in order in the House or in a Committee of
the Whole to consider an amendment to a concurrent resolution on the
budget, or any amendment to an amendment thereto, which changes the
amount of the appropriate level of the public debt set forth in the
concurrent resolution as reported; except that the amendments to achieve
mathematical consistency which are permitted under section 305(a)(6) of
the Congressional Budget Act of 1974 may include an amendment, offered
by or at the direction of the Committee on the Budget, to adjust the
amount of such level to reflect any changes made in the other figures
contained in the resolution.
9. The rules of proceeding in the House shall be observed in
Committees of the Whole House so far as they may be applicable.
Rule XXIV
order of business
1. The daily order of business shall be as follows:
First. Prayer by the Chaplain.
Second. Reading and approval of the Journal, unless postponed pursuant
to the provisions of clause 5(b)(1) of rule I.
Third. Correction of reference of public bills.
Fourth. Disposal of business on the Speaker's table.
Fifth. Unfinished business.
Sixth. The morning hour for the consideration of bills called up by
committees.
Seventh. Motions to go into Committee of the Whole House on the state
of the Union.
Eighth. Orders of the day.
2. Business on the Speaker's table shall be disposed of as follows:
Messages from the President shall be referred to the appropriate
committees without debate. Reports and communications from heads of
departments, and other communications addressed to the House, and bills,
resolutions, and messages from the Senate may be referred to the
appropriate committees in the same manner and with the same right of
correction as public bills presented by Members; but House bills with
Senate amendments which do not require consideration in a Committee of
the Whole may be at once disposed of as the House may determine, as may
also Senate bills substantially the same as House bills already
favorably reported by a committee of the House, and not required to be
considered in Committee of the Whole, be disposed of in the same manner
on motion directed to be made by such committee.
3. The consideration of the unfinished business in which the House may
be engaged at an adjournment, except business in the morning hour, shall
be resumed as soon as the business on the Speaker's table is finished,
and at the same time each day thereafter until disposed of, and the
consideration of all other unfinished business shall be resumed whenever
the class of business to which it belongs shall be in order under the
rules.
4. After the unfinished business has been disposed of, the Speaker
shall call each standing committee in regular order, and then select
committees, and each committee when named may call up for consideration
any bill reported by it on a previous day and on the House Calendar, and
if the Speaker shall not complete the call of the committees before the
House passes to other business, he shall resume the next call where he
left off, giving preference to the last bill under consideration:
Provided, That whenever any committee shall have occupied the morning
hour on two days, it shall not be in order to call up any other bill
until the other committees have been called in their turn.
5. After one hour shall have been devoted to the consideration of
bills called up by committees, it shall be in order, pending
consideration or discussion thereof, to entertain a motion to go into
Committee of the Whole House on the state of the Union, or, when
authorized by a committee, to go into the Committee of the Whole House
on the state of the Union to consider a particular bill, to which motion
one amendment only, designating another bill, may be made; and if either
motion be determined in the negative, it shall not be in order to make
either motion again until the disposal of the matter under consideration
or discussion.
6. On the first Tuesday of each month after disposal of such business
on the Speaker's table as requires reference only, the Speaker shall
direct the Clerk to call the bills and resolutions on the Private
Calendar. Should objection be made by two or more Members to the
consideration of any bill or resolution so called, it shall be
recommitted to the committee which reported the bill or resolution, and
no reservation of objection shall be entertained by the Speaker. Such
bills and resolutions, if considered, shall be considered in the House
as in the Committee of the Whole. No other business shall be in order on
this day unless the House, by two-thirds vote on motion to dispense
therewith, shall otherwise determine. On such motion debate shall be
limited to five minutes for and five minutes against said motion.
[[Page 2533]]
On the third Tuesday of each month after the disposal of such business
on the Speaker's table as requires reference only, the Speaker may
direct the Clerk to call the bills and resolutions on the Private
Calendar, preference to be given to omnibus bills containing bills or
resolutions which have previously been objected to on a call of the
Private Calendar. All bills and resolutions on the Private Calendar so
called, if considered, shall be considered in the House as in the
Committee of the Whole. Should objection be made by two or more Members
to the consideration of any bill or resolution other than an omnibus
bill, it shall be recommitted to the committee which reported the bill
or resolution and no reservation of objection shall be entertained by
the Speaker.
Omnibus bills shall be read for amendment by paragraph, and no
amendment shall be in order except to strike out or to reduce amounts of
money stated or to provide limitations. Any item or matter stricken from
an omnibus bill shall not thereafter during the same session of Congress
be included in any omnibus bill.
Upon passage of any such omnibus bill, said bill shall be resolved
into the several bills and resolutions of which it is composed, and such
original bills and resolutions, with any amendments adopted by the
House, shall be engrossed, where necessary, and proceedings thereon had
as if said bills and resolutions had been passed in the House severally.
In the consideration of any omnibus bill the proceedings as set forth
above shall have the same force and effect as if each Senate and House
bill or resolution therein contained or referred to were considered by
the House as a separate and distinct bill or resolution.
7. On Wednesday of each week no business shall be in order except as
provided by clause 4 of this rule unless the House by a two-thirds vote
on motion to dispense therewith shall otherwise determine. On such a
motion there may be debate not to exceed five minutes for and against.
On a call of committees under this rule bills may be called up from
either the House or the Union Calendar, excepting bills which are
privileged under the rules; but bills called up from the Union Calendar
shall be considered in the Committee of the Whole House on the state of
the Union. This rule shall not apply during the last 2 weeks of the
session. It shall not be in order for the Speaker to entertain a motion
for a recess on any Wednesday except during the last 2 weeks of the
session: Provided, That not more that 2 hours of general debate shall be
permitted on any measure called up on Calendar Wednesday, and all debate
must be confined to the subject matter of the bill, the time to be
equally divided between those for and against the bill: Provided
further, That whenever any committee shall have occupied one Wednesday
it shall not be in order, unless the House by a two-thirds vote shall
otherwise determine, to consider any unfinished business previously
called up by such committee, unless the previous question had been
ordered thereon, upon any succeeding Wednesday until the other
committees have been called in their turn under this rule: Provided,
That when, during any one session of a Congress, all of the committees
of the House are not called under the Calendar Wednesday rule, at the
next session of that Congress, the call shall commence where it left off
at the end of the preceding session.
8. The second and fourth Mondays in each month, after the disposition
of motions to discharge committees and after the disposal of such
business on the Speaker's table as requires reference only, shall, when
claimed by the Committee on the District of Columbia, be set apart for
the consideration of such business as may be presented by said
committee.
Rule XXV
priority of business
All questions relating to the priority of business shall be decided by
a majority without debate.
Rule XXVI
unfinished business of the session
All business before committees of the House at the end of one session
shall be resumed at the commencement of the next session of the same
Congress in the same manner as if no adjournment had taken place.
Rule XXVII
change or suspension of rules
1. No rule shall be suspended except by a vote of two-thirds of the
Members voting, a quorum being present; nor shall the Speaker entertain
a motion to suspend the rules except on Mondays and Tuesdays, and during
the last six days of a session.
2. When a motion to suspend the rules has been submitted to the House,
it shall be in order, before the final vote is taken thereon, to debate
the proposition to be voted upon for forty minutes, one-half of such
time to be given to debate in favor of, and one-half to debate in
opposition to, such proposition; and the same right of debate shall be
allowed whenever the previous question has been ordered on any
proposition on which there has been no debate.
3. A Member may present to the Clerk a motion in writing to discharge
a committee from the consideration of a public bill or resolution which
has been referred to it thirty days prior thereto (but only one motion
may be presented for each bill or resolution). Under this rule it shall
also be in order for a Member to file a motion to discharge the
Committee on Rules from further consideration of any resolution
providing either a special order of business, or a special rule for the
consideration of any public bill or resolution favorably reported by a
standing committee, or a special rule for the consideration of a public
bill or resolution which has remained in a standing committee thirty or
more days without action: Provided, That said resolution from which it
is moved to discharge the Committee on Rules has been referred to that
committee at least seven days prior to the filing of the motion to
discharge. The motion shall be placed in the custody of the Clerk, who
shall arrange some convenient place for the signature of Members. A
signature may be withdrawn by a Member in writing at any time before the
motion is entered on the Journal. Once a motion to discharge has been
filed, the Clerk shall make the signatures a matter of public record.
When a majority of the total membership of the House shall have signed
the motion, it shall be entered on the Journal, printed with the
signatures thereto in the Congressional Record, and referred to the
Calendar of Motions to Discharge Committees.
On the second and fourth Mondays of each month, except during the last
six days of any session of Congress, immediately after the approval of
the Journal, any Member who has signed a motion to discharge which has
been on the calendar at least seven days prior thereto, and seeks
recognition, shall be recognized for the purpose of calling up the
motion, and the House shall proceed to its consideration in the manner
herein provided without intervening motion except one motion to adjourn.
Recognition for the motions shall be in the order in which they have
been entered on the Journal.
When any motion under this rule shall be called up, the bill or
resolution shall be read by title only. After twenty minutes' debate,
one-half in favor of the proposition and one-half in opposition thereto,
the House shall proceed to vote on the motion to discharge. If the
motion prevails to discharge the Committee on Rules from any resolution
pending before the committee, the House shall immediately consider such
resolution, the Speaker not entertaining any dilatory motion except one
motion to adjourn, and, if such resolution is adopted, the House shall
immediately proceed to its execution. If the motion prevails to
discharge one of the standing committees of the House from any public
bill or resolution pending before the committee, it shall then be in
order for any Member who signed the motion to move that the House
proceed to the immediate consideration of such bill or resolution (such
motion not being debatable), and such motion is hereby made of high
privilege; and if it shall be decided in the affirmative, the bill shall
be immediately considered under the general rules of the House, and if
unfinished before adjournment of the day on which it is called up it
shall remain the unfinished business until it is fully disposed of.
Should the House by vote decide against the immediate consideration of
such bill or resolution, it shall be referred to its proper calendar and
be en-P
[[Page 2534]]
titled to the same rights and privileges that it would have had had the
committee to which it was referred duly reported same to the House for
its consideration: Provided, That when any perfected motion to discharge
a committee from the consideration of any public bill or resolution has
once been acted upon by the House it shall not be in order to entertain
during the same session of Congress any other motion for the discharge
from that committee of said measure, or from any other committee of any
other bill or resolution substantially the same, relating in substance
to or dealing with the same subject matter, or from the Committee on
Rules of a resolution providing a special order of business for the
consideration of any other such bill or resolution, in order that such
action by the House on a motion to discharge shall be res adjudicata for
the remainder of that session: Provided further, That if before any one
motion to discharge a committee has been acted upon by the House there
are on the Calendar of Motions to Discharge Committees other motions to
discharge committees from the consideration of bills or resolutions
substantially the same, relating in substance to or dealing with the
same subject matter, after the House shall have acted on one motion to
discharge, the remaining said motions shall be stricken from the
Calendar of Motions to Discharge Committees and not acted on during the
remainder of that session of Congress.
Rule XXVIII
conference reports
1. (a) The presentation of reports of committees of conference shall
always be in order, except when the Journal is being read, while the
roll is being called, or the House is dividing on any proposition.
(b) The time allotted for debate on any motion to instruct House
conferees shall be equally divided between the majority and minority
parties, except that if the proponent of the motion and the Member from
the other party are both supporters of the motion, one-third of such
debate time shall be allotted to a Member who is opposed to said motion.
(c) After House conferees on any bill or resolution in conference
between the House and Senate shall have been appointed for twenty
calendar days and shall have failed to make a report, it is hereby
declared to be a motion of the highest privilege to move to discharge
said House conferees and to appoint new conferees, or to instruct said
House conferees (but in either case only at a time or place designated
by the Speaker in the legislative schedule of the day after the calendar
day on which the Member offering the motion announces to the House his
intention to do so and the form of the motion); and, further, during the
last six days of any session of Congress, it shall be a privileged
motion to move to discharge, appoint, or instruct, House conferees after
House conferees shall have been appointed thirty-six hours without
having made a report.
(d) Each report made by a committee of conference to the House shall
be printed as a report of the House. As so printed, such report shall be
accompanied by an explanatory statement prepared jointly by the
conferees on the part of the House and the conferees on the part of the
Senate. Such statement shall be sufficiently detailed and explicit to
inform the House as to the effect which the amendments or propositions
contained in such report will have upon the measure to which those
amendments or propositions relate.
2. (a) It shall not be in order to consider the report of a committee
of conference until the third calendar day (excluding any Saturday,
Sunday, or legal holiday) after such report and the accompanying
statement shall have been filed in the House, and such consideration
then shall be in order only if such report and accompanying statement
shall have been printed in the daily edition of the Congressional Record
for the day on which such report and statement shall have been filed;
but the preceding provisions of this sentence do not apply during the
last six days of the session. Nor shall it be in order to consider any
conference report unless copies of the report and accompanying statement
have been available to Members for at least two hours before the
beginning of such consideration: Provided, however, That it shall always
be in order to call up for consideration, notwithstanding the provisions
of clause 4(b) of rule XI, a report from the Committee on Rules only
making in order the consideration of a conference report notwithstanding
this restriction. The time allotted for debate in the consideration of
any such report shall be equally divided between the majority party and
the minority party, except that if the floor manager for the majority
and the floor manager for the minority are both supporters of the
conference report, one third of such debate time shall be allotted to a
Member who is opposed to said conference report.
(b)(1) It shall not be in order to consider any amendment (including
an amendment in the nature of a substitute) proposed by the Senate to
any measure reported in disagreement between the two Houses by a report
of a committee of conference that the committee has been unable to
agree, until the third calendar day (excluding any Saturday, Sunday, or
legal holiday) after such report and accompanying statement shall have
been filed in the House, and such consideration then shall be in order
only if such report and accompanying statement shall have been printed
in the daily edition of the Congressional Record for the day on which
such report and statement shall have been filed; but the preceding
provisions of this sentence do not apply during the last six days of the
session. Nor shall it be in order to consider any such amendment unless
copies of the report and accompanying statement, together with the text
of such amendment, have been available to Members for at least two hours
before the beginning of such consideration: Provided, however, That it
shall always be in order to call up for consideration, notwithstanding
the provisions of clause 4(b) of rule XI, a report from the Committee on
Rules only making in order the consideration of such an amendment
notwithstanding this restriction. The time allotted for debate on any
such amendment shall be equally divided between the majority party and
the minority party, except that if the floor manager for the majority
and the floor manager for the minority are both supporters of the
original motion offered by the floor manager for the majority to dispose
of the amendment, one third of such debate time shall be allotted to a
Member who is opposed to said motion.
(2) During consideration of such an amendment to a general
appropriation bill, if the original motion offered by the floor manager
proposes to change existing law, then pending such original motion and
before debate thereon one motion to insist on disagreement to the
amendment proposed by the Senate shall be preferential to any other
motion to dispose of that amendment if offered by the chairman of a
committee having jurisdiction of the subject matter of the amendment or
by a designee. Such a preferential motion shall be separately debatable
for one hour equally divided between its proponent and the proponent of
the original motion. The previous question shall be considered as
ordered on such a preferential motion to its adoption without
intervening motion.
(c) Any conference report and Senate amendment in disagreement which
has been available as provided in paragraphs (a) and (b) of this clause
shall be considered as having been read when called up for
consideration.
3. Whenever a disagreement to an amendment in the nature of a
substitute has been committed to a conference committee it shall be in
order for the Managers on the part of the House to propose a substitute
which is a germane modification of the matter in disagreement, but the
introduction of any language in that substitute presenting a specific
additional topic, question, issue, or proposition not committed to the
conference committee by either House shall not constitute a germane
modification of the matter in disgreement. Moreover, their report shall
not include matter not committed to the conference committee by either
House, nor shall their report include a modification of any specific
topic, question, issue, or proposition committed to the conference
committee by either or both Houses if that modification is beyond the
scope of that specific topic, question, issue, or proposition as so
committed to the conference committee.
[[Page 2535]]
4. (a) With respect to any report of a committee of conference called
up before the House containing any matter which would be in violation of
the provisions of clause 7 of rule XVI if such matter had been offered
as an amendment in the House, and which--
(1) is contained in any Senate amendment to that measure (including
a Senate amendment in the nature of substitute for the text of that
measure as passed by the House) accepted by the House conferees or
agreed to by the conference committee with modification; or
(2) is contained in any substitute agreed to by the conference
committee;
it shall be in order, at any time after the reading of the report has
been completed or dispensed with and before the reading of the
statement, or immediately upon consideration of a conference report if
clause 2(c) of this rule applies, to make a point of order that such
nongermane matter, as described above, which shall be specified in the
point of order, is contained in the report. For the purposes of this
clause, matter which--
(A) is contained in any substitute agreed to by the conference
committee;
(B) is not proposed by the House to be included in the measure
concerned as passed by the House; and
(C) would be in violation of clause 7 of rule XVI if such matter had
been offered in the House as an amendment to the provisions of that
measure as so proposed in the form passed by the House;
shall be considered in violation of such clause 7.
(b) If such point of order is sustained, it then shall be in order for
the Chair to entertain a motion, which is of high privilege, that the
House reject the nongermane matter covered by the point of order. It
shall be in order to debate such motion for forty minutes, one-half of
such time to be given to debate in favor of, and one-half in opposition
to, the motion.
(c) Notwithstanding the final disposition of any point of order made
under paragraph (a), or of any motion to reject made pursuant to a point
of order under paragraph (b), of this clause, it shall be in order to
make further points of order on the ground stated in such paragraph (a),
and motions to reject pursuant thereto under such paragraph (b), with
respect to other nongermane matter in the report of the committee of
conference not covered by any previous point of order which has been
sustained.
(d) If any such motion to reject has been adopted, after final
dispostion of all points of order and motions to reject under the
preceding provisions of this clause, the conference report shall be
considered as rejected and the question then pending before the House
shall be--
(1) whether to recede and concur in the Senate amendment with an
amendment which shall consist of that portion of the conference report
not rejected; or
(2) if the last sentence of paragraph (a) of this clause applies,
whether to insist further on the House amendment.
If all such motions to reject are defeated, then, after the allocation
of time for debate on the conference report as provided in clause 2(a)
of this rule, it shall be in order to move the previous question on the
adoption of the conference report.
5. (a)(1) With respect to any amendment (including an amendment in the
nature of a substitute) which--
(A) is proposed by the Senate to any measure and thereafter--
(i) is reported in disagreement between the two Houses by a
committee of conference; or
(ii) is before the House, the stage of disagreement having been
reached; and
(B) contains any matter which would be in violation of the
provisions of clause 7 of rule XVI if such matter had been offered as
an amendment in the House;
it shall be in order, immediately after a motion is offered that the
House recede from its disagreement to such amendment proposed by the
Senate and concur therein and before debate is commenced on such motion,
to make a point of order that such nongermane matter, as described
above, which shall be specified in the point of order, is contained in
such amendment proposed by the Senate.
(2) If such point of order is sustained, it then shall be in order for
the Chair to entertain a motion, which is of high privilege, that the
House reject the nongermane matter covered by the point of order. It
shall be in order to debate such motion for forty minutes, one-half of
such time to be given to debate in favor of, and one-half in opposition
to, the motion.
(3) Notwithstanding the final disposition of any point of order made
under subparagraph (1), or of any motion to reject made pursuant to a
point of order under subparagraph (2), of this paragraph, it shall be in
order to make further points of order on the ground stated in such
subparagraph (1), and motions to reject pursuant thereto under such
subparagraph (2), with respect to other nongermane matter in the
amendment proposed by the Senate not covered by any previous point of
order which has been sustained.
(4) If any such motion to reject has been adopted, after final
disposition of all points of order and motions to reject under the
preceding provisions of this clause, the motion to recede and concur
shall be considered as rejected, and further motions--
(A) to recede and concur in the Senate amendment with an amendment,
where appropriate (but the offering of which is not in order unless
copies of the language of the Senate amendment, as proposed to be
amended by such motion, are then available on the floor when such
motion is offered and is under consideration);
(B) to insist upon disagreement to the Senate amendment and request
a further conference with the Senate; and
(C) to insist upon disagreement to the Senate amendment;
shall remain of high privilege for consideration by the House. If all
such motions to reject are defeated, then, after the allocation of time
for debate on the motion to recede and concur as provided in clause 2(b)
of this rule, it shall be in order to move the previous question on such
motion.
(b)(1) With respect to any such amendment proposed by the Senate as
described in paragraph (a) of this clause, it shall not be in order to
offer any motion that the House recede from its disagreement to such
Senate amendment and concur therein with an amendment, unless copies of
the language of the Senate amendment, as proposed to be amended by such
motion, are then available on the floor when such motion is offered and
is under consideration.
(2) Immediately after any such motion is offered and is in order and
before debate is commenced on such motion, it shall be in order to make
a point of order that nongermane matter, as described in subparagraph
(1) of paragraph (a) of this clause, which shall be specified in the
point of order, is contained in the language of the Senate amendment, as
proposed to be amended by such motion, copies of which are then
available on the floor.
(3) If such point of order is sustained, it then shall be in order for
the Chair to entertain a motion, which is of high privilege, that the
House reject the nongermane matter covered by the point of order. It
shall be in order to debate such motion for forty minutes, one-half of
such time to be given to debate in favor of, and one-half in opposition
to, the motion.
(4) Notwithstanding the final disposition of any point of order under
subparagraph (2), or of any motion to reject made pursuant to a point of
order under subparagraph (3), of this paragraph, it shall be in order to
make further points of order on the ground stated in subparagraph (1) of
paragraph (a) of this clause, and motions to reject pursuant thereto
under subparagraph (3) of this paragraph, with respect to other
nongermane matter in the language of the Senate amendment, as proposed
to be amended by the motion described in subparagraph (1) of this
paragraph, not covered by any previous point of order which has been
sustained.
(5) If any such motion to reject has been adopted, after final
disposition of all points of order and motions to reject under the
preceding provisions of
[[Page 2536]]
this paragraph, the motion to recede and concur in the Senate amendment
with an amendment shall be considered as rejected, and further motions--
(A) to recede and concur in the Senate amendment with an amendment,
where appropriate (but the offering of which is not in order unless
copies of the language of the Senate amendment, as proposed to be
amended by such motion, are then available on the floor when such
motion is offered and is under consideration);
(B) to insist upon disagreement to the Senate amendment and request
a further conference with the Senate; and
(C) to insist upon disagreement to the Senate amendment;
shall remain of high privilege for consideration by the House. If all
such motions to reject are defeated, then, after the allocation of time
for debate on the motion to recede and concur in the Senate amendment
with an amendment as provided in clause 2(b) of this rule, it shall be
in order to move the previous question on such motion.
(c) If, on a division of a motion that the House recede and concur,
with or without amendment, from its disagreement to any such Senate
amendment as described in paragraph (a)(1) of this clause, the House
agrees to recede, then, before debate is commenced on concurring in such
Senate amendment, or on concurring therein with an amendment it shall be
in order to make and dispose of points of order and motions to reject
with respect to such Senate amendment in accordance with applicable
provisions of this clause and to effect final determination of these
matters in accordance with such provisions.
6. (a) Each conference committee meeting between the House and Senate
shall be open to the public except when the House, in open session, has
determined by a roll call vote of a majority of those Members voting
that all or part of the meeting shall be closed to the public.
(b)(1) After the reading of the report and before the reading of the
joint statement, or immediately upon consideration of a conference
report if clause 2(c) of this rule applies, a point of order may be made
that the committee of conference making the report to the House has
failed to comply with paragraph (a) of this clause.
(2) If such point of order is sustained, the conference report shall
be considered as rejected, the House shall be considered to have
insisted upon its amendment(s) or upon disgreement to the amendment(s)
of the Senate, as the case may be, and to have requested a further
conference with the Senate, and the Speaker shall be authorized to
appoint new conferees without intervening motion.
Rule XXIX
secret session
Whenever confidential communications are received from the President
of the United States, or whenever the Speaker or any Member shall inform
the House that he has communications which he believes ought to be kept
secret for the present, the House shall be cleared of all persons except
the Members and officers thereof, and so continue during the reading of
such communications, the debates and proceedings thereon, unless
otherwise ordered by the House.
Rule XXX
use of exhibits
When the use of any exhibit in debate is objected to by any Member, it
shall be determined without debate by a vote of the House.
Rule XXXI
hall of the house
The Hall of the House shall be used only for the legislative business
of the House and for the caucus meetings of its Members, except upon
occasions where the House by resolution agrees to take part in any
ceremonies to be observed therein; and the Speaker shall not entertain a
motion for the suspension of this rule.
Rule XXXII
of admission to the floor
1. The persons hereinafter named, and none other, shall be admitted to
the Hall of the House or rooms leading thereto, viz: The President and
Vice President of the United States and their private secretaries,
judges of the Supreme Court, Members of Congress and Members-elect,
contestants in election cases during the pendency of their cases in the
House, the Secretary and Sergeant-at-Arms of the Senate, heads of
departments, foreign ministers, governors of States, the Architect of
the Capitol, the Librarian of Congress and his assistant in charge of
the Law Library, the Resident Commissioner to the United States from
Puerto Rico, each Delegate to the House, such persons as have, by name,
received the thanks of Congress, the Parliamentarian, elected officers
and elected minority employees of the House (other than Members); and
ex-Members of the House of Representatives, former Parliamentarians of
the House, and former elected officers and elected minority employees of
the House, subject to the provisions of clause 3 of this rule; and
clerks of committees when business from their committee is under
consideration and not more than one person from a Member's staff when
that Member has an amendment under consideration, subject to the
provisions of clause 4 of this rule; and one attorney to accmpany any
Member who is the respondent in an investigation undertaken by the
Committee on Standards of Official Conduct when the recommendation of
such committee is under consideration; and it shall not be in order for
the Speaker to entertain a request for the suspension of this rule or to
present from the chair the request of any Member for unanimous consent.
2. There shall be excluded at all times from the Hall of the House of
Representatives and the cloakrooms all persons not entitled to the
privilege of the floor during the session, except that until fifteen
minutes of the hour of the meeting of the House persons employed in its
service, accredited members of the press entitled to admission to the
press gallery, and other persons on request of Members, by card or in
writing may be admitted.
3. Ex-Members of the House of Representatives, former Parliamentarians
of the House, and former elected officers and former elected minority
employees of the House, shall be entitled to the privilege of admission
to the Hall of the House and rooms leading thereto only if they do not
have any direct personal or pecuniary interest in any legislative
measure pending before the House or reported by any committee of the
House and only if they are not in the employ of, or do not represent,
any party or organization for the purpose of influencing, directly or
indirectly, the passage, defeat or amendment of any legislative measure
pending before the House, reported by any committee of the House or
under consideration in any of its committees or subcommittees. The
Speaker shall promulgate such regulations as may be necessary to
implement the provisions of this rule and to ensure its enforcement.
4. Persons from Member's staffs admitted to the Hall of the House or
rooms leading thereto under clause 1 shall be admitted only upon prior
notification to the Speaker. No such person or clerk of a committee so
admitted under clause 1 shall engage in efforts in the Hall of the House
or rooms leading thereto to influence Members with regard to the
legislation being amended. Such persons and clerks shall remain at the
desk and are admitted only to advise the Member or committee responsible
for their admission. Any such person or clerk who violates this clause
may be excluded during the session from the Hall of the House and rooms
leading thereto by the Speaker.
Rule XXXIII
of admission to the galleries
The Speaker shall set aside a portion of the west gallery for the use
of the President of the United States, the members of his Cabinet,
justices of the Supreme Court, foreign ministers and suites, and the
members of their respective families, and shall also set aside another
portion of the same gallery for the accommodation of persons to be
admitted on the card of Members. The southerly half of the east gallery
shall be assigned exclusively for the use of the families of Members of
Congress, in which the Speaker shall
[[Page 2537]]
contol one bench, and on request of a Member the Speaker shall issue a
card of admission to his family, which shall include their visitors, and
no other person shall be admitted to this section.
Rule XXXIV
official and other reporters
1. The appointment and removal, for cause, of the official reporters
of the House, including stenographers of committees, and the manner of
the execution of their duties shall be vested in the Clerk, subject to
the direction and control of the Speaker.
2. Such portion of the gallery over the Speaker's chair as may be
necessary to accommodate representatives of the press wishing to report
debates and proceedings shall be set aside for their use, and reputable
reporters and correspondents shall be admitted thereto under such
regulations as the Speaker may from time to time prescribe; and the
supervision of such gallery, including the designation of its employees,
shall be vested in the standing committee of correspondents, subject to
the direction and control of the Speaker; and the Speaker may assign one
seat on the floor to Associated Press reporters and one to United Press
International, and regulate the occupation of the same. And the Speaker
may admit to the floor, under such regulations as he may prescribe, one
additional representative of each press association.
3. Such portion of the gallery of the House of Representatives as may
be necessary to accommodate reporters of news to be disseminated by
radio, television, and similar means of transmission, wishing to report
debates and proceedings, shall be set aside for their use, and reputable
reporters thus engaged shall be admitted thereto under such regulations
as the Speaker may from time to time prescribe; and the supervision of
such gallery, including the designation of its employees, shall be
vested in the Executive Committee of the Radio and Television
Correspondents' Galleries, subject to the direction and control of the
Speaker; and the Speaker may admit to the floor, under such regulations
as he may prescribe, one representative of the National Broadcasting
Company, one of the Columbia Broadcasting System, one of the Mutual
Broadcasting System, and one of the American Broadcasting Company.
Rule XXXV
pay of witnesses
The rule for paying witnesses to appear before the House or any of its
committees shall be as follows: For each day a witness shall attend, the
same per diem rate as established, authorized, and regulated by the
Committee on House Administration for Members and employees of the
House, and actual expenses of travel in coming to or going from the
place of examination; but no per diem shall be paid when a witness has
been summoned at the place of examination.
Rule XXXVI
preservation and availability of noncurrent records of the house
1. (a) At the end of each Congress, the chairman of each committee of
the House shall transfer to the Clerk any noncurrent records of such
committee, including the subcommittees thereof.
(b) At the end of each Congress, each officer of the House elected
pursuant to rule II shall transfer to the Clerk any noncurrent records
made or acquired in the course of the duties of such officer.
2. The Clerk shall deliver the records transferred pursuant to clause
1 of the rule, together with any other noncurrent records of the House,
to the Archivist of the United States for preservation at the National
Archives and Records Administration. Records so delivered are the
permanent property of the House and remain subject to this rule and the
orders of the House.
3. (a) Subject to paragraph (b) of the clause, clause 4 of this rule,
and orders of the House, the Clerk shall authorize the Archivist of the
United States to make available for public use the records delivered to
the Archivist under clause 2 of this rule.
(b)(1) Any record that the House or a committee of the House (or a
subcommittee thereof) makes available for public use before such record
is delivered to the Archivist under clause 2 of this rule shall be made
available immediately.
(2) Any investigative record that contains personal data relating to a
specific living individual (the disclosure of which would be an
unwarranted invasion of personal privacy), any administrative record
with respect to personnel, and any record with respect to a hearing
closed pursuant to clause 2(g)(2) of rule XI shall be available if such
record has been in existence for 50 years.
(3) Any record for which a time, schedule, or condition for
availability is specified by order of the House shall be made available
in accordance with that order. Except as otherwise provided by order of
the House, any record of a committee for which a time, schedule, or
condition for availability is specified by order of the committee
(entered during the Congress in which the record is made or acquired by
the committee) shall be made available in accordance with the order of
the committee.
(4) Any record (other than a record referred to in subparagraph (1),
(2), or (3) of this paragraph) shall be made available if such record
has been in existence for 30 years.
4. (a) A record shall not be made available for public use under
clause 3 of this rule if the Clerk determines that such availability
would be detrimental to the public interest or inconsistent with the
rights and privileges of the House. The Clerk shall notify in writing
the chairman and the ranking minority party Member of the Committee on
House Administration of any determination under the preceding sentence.
(b) A determination of the Clerk under paragraph (a) is subject to
later order of the House and, in the case of a record of a committee,
later order of the committee.
5. (a) This rule does not supersede rule XLVIII or rule L and does not
authorize the public disclosure of any record if such disclosure is
prohibited by law or executive order of the President.
(b) The Committee on House Administration may prescribe guidelines and
regulations governing the applicability and implementation of this rule.
(c) A committee may withdraw from the National Archives and Records
Administration any record of the committee delivered to the Archivist of
the United States under this rule. Such withdrawal shall be on a
temporary basis and for official use of the committee.
6. As used in the rule the term ``record'' means any official,
permanent record of the House, including--
(a) with respect to a committee of the House, an official, permanent
record of the committee (including any record of a legislative,
oversight, or other activity of such committee or subcommittee
thereof); and
(b) with respect to an officer of the House elected pursuant to rule
II, an official, permanent record made or acquired in the course of
the duties of such officer. Such term does not include a record of an
individual Member of the House.
Rule XXXVII
withdrawal of papers
No memorial or other paper presented to the House shall be withdrawn
from its files without its leave, and if withdrawn therefrom certified
copies thereof shall be left in the office of the Clerk; but when an act
may pass for the settlement of a claim, the Clerk is authorized to
transmit to the officer in charge with the settlement thereof the papers
on file in his office relating to such claim, or may loan temporarily to
an officer or bureau of the executive departments any papers on file in
his office relating to any matter pending before such officer or bureau,
taking proper receipt therefor.
Rule XXXVIII
ballot
In all cases of ballot a majority of the votes given shall be
necessary to an election, and where there shall not be such a majority
on the first ballot the ballots shall be repeated until a majority be
obtained; and in all balloting blanks shall be rejected and not taken
into the count in enumeration of votes or reported by the tellers.
[[Page 2538]]
Rule XXXIX
messages
Messages received from the Senate and the President of the United
States, giving notice of bills passed or approved, shall be entered in
the Journal and published in the Record of that day's proceedings.
Rule XL
executive communications
Estimates of appropriations and all other communications from the
executive departments, intended for the consideration of any committees
of the House, shall be addressed to the Speaker, and by him referred as
provided by clause 2 of rule XXIV.
Rule XLI
qualifications of officers and employees
No person shall be an officer or employee of the House, or continue in
its employment, who shall be an agent for the prosecution of any claim
against the Government or be interested in such claim otherwise than as
an original claimant or than in the proper discharge of official duties.
Rule XLII
general provisions
The rules of parliamentary practice comprised in Jefferson's Manual
and the provisions of the Legislative Reorganization Act of l946, as
amended, shall govern the House in all cases to which they are
applicable, and in which they are not inconsistent with the standing
rules and orders of the House and joint rules of the Senate and House of
Representatives.
Rule XLIII
code of official conduct
There is hereby established by and for the House of Representatives
the following code of conduct, to be known as the ``Code of Official
Conduct'':
1. A Member, officer, or employee of the House of Representatives
shall conduct himself at all times in a manner which shall reflect
creditably on the House of Representatives.
2. A Member, officer, or employee of the House of Representatives
shall adhere to the spirit and the letter of the Rules of the House of
Representatives and to the rules of duly constituted committees thereof.
3. A Member, officer, or employee of the House of Representatives
shall receive no compensation nor shall he permit any compensation to
accrue to his beneficial interest from any source, the receipt of which
would occur by virtue of influence improperly exerted from his position
in the Congress.
4. A Member, officer, or employee of the House of Representatives
shall not accept gifts (other than the personal hospitality of an
individual or with a fair market value of $100 or less, as adjusted
under section 102(a)(2)(A) of the Ethics in Government Act of 1978) in
any calendar year aggregating more than the minimal value as established
by section 7342(a)(5) of title 5, United States Code, or $250, whichever
is greater, directly or indirectly from any person (other than from a
relative), except to the extent permitted by written waiver granted in
exceptional circumstances by the Committee on Standards of Official
Conduct pursuant to clause 4(e)(1)(E) of rule X.
5. A Member, officer, or employee of the House of Representatives
shall accept no honorarium for a speech, writing for publication, or
other similar activity.
6. A Member of the House of Representatives shall keep his campaign
funds separate from his personal funds. A Member shall convert no
campaign funds to personal use in excess of reimbursement for legitimate
and verifiable campaign expenditures and shall expend no funds from his
campaign account not attributable to bona fide campaign or political
purposes.
7. A Member of the House of Representatives shall treat as campaign
contributions all proceeds from testimonial dinners or other fund
raising events.
8. A Member or officer of the House of Representatives shall retain no
one under his payroll authority who does not perform official duties
commensurate with the compensation received in the offices of the
employing authority. In the case of committee employees who work under
the direct supervision of a Member other than a chairman, the chairman
may require that such Member affirm in writing that the employees have
complied with the preceding sentence (subject to clause 6 of rule XI) as
evidence of the chairman's compliance with this clause and with clause 6
of rule XI.
9. A Member, officer, or employee of the House of Representatives
shall not discharge or refuse to hire any individual, or otherwise
discriminate against any individual with respect to compensation, terms,
conditions, or privileges of employment, because of such individual's
race, color, religion, sex (including marital or parental status),
handicap, age, or national origin, but may take into consideration the
domicile or political affiliation of such individual.
10. A Member of the House of Representatives who has been convicted by
a court of record for the commission of a crime for which a sentence of
two or more years' imprisonment may be imposed should refrain from
participation in the business of each committee of which he is a member
and should refrain from voting on any question at a meeting of the
House, or of the Committee of the Whole House, unless or until judicial
or executive proceedings result in reinstatement of the presumption of
his innocence or until he is reelected to the House after the date of
such conviction.
11. A Member of the House of Representatives shall not authorize or
otherwise allow a non-House individual, group, or organization to use
the words ``Congress of the United States'', ``House of
Representatives'', or ``Official Business'', or any combination of words
thereof, on any letterhead or envelope.
12. (a) Except as provided by paragraph (b), any employee of the House
of Representatives who is required to file a report pursuant to rule
XLIV shall refrain from participating personally and substantially as an
employee of the House of Representatives in any contact with any agency
of the executive or judicial branch of Government with respect to
nonlegislative matters affecting any nongovernmental person in which the
employee has a significant financial interest.
(b) Paragraph (a) shall not apply if an employee first advises his
employing authority of his significant financial interest and obtains
from his employing authority a written waiver stating that the
participation of the employee is necessary. A copy of each such waiver
shall be filed with the Committee on Standards of Official Conduct.
As used in this Code of Official Conduct of the House of
Representatives--(a) the terms ``Member'' and ``Member of the House of
Representatives'' include the Resident Commissioner from Puerto Rico and
each Delegate to the House; and (b) the term ``officer or employee of
the House of Representatives'' means any individual whose compensation
is disbursed by the Clerk of the House of Representatives.
For the purposes of clause 4 of this Code of Official Conduct, the
term ``relative'' means, with respect to any Member, officer, or
employee of the House of Representatives, an individual who is related
as father, mother, son, daughter, brother, sister, uncle, aunt, first
cousin, nephew, niece, husband, wife, grandfather, grandmother,
grandson, granddaughter, father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother,
stepson, stepdaughter, stepbrother, stepsister, half brother, half
sister, or who is the grandfather or grandmother of the spouse of such
Member, officer, or employee, and shall be deemed to include the fiance
or fiancee of the Member, officer, or employee.
Rule XLIV
financial disclosure
1. A copy of each report filed with the Clerk under title I of the
Ethics in Government Act of l978 shall be sent by the Clerk within the
seven-day period beginning the date on which the report is filed to the
Committee on Standards of Official Conduct. By August 1 of each year,
the Clerk shall compile all such reports sent to him by Members within
the period beginning on January 1 and ending on June 15 of each year and
have them printed as a House document, which document shall be made
available to the public.
2. For the purposes of this rule, the provisions of title I of the
Ethics in
[[Page 2539]]
Government Act of 1978 shall be deemed to be a rule of the House as it
pertains to Members, officers, and employees of the House of
Representatives.
[The pertinent parts of Title I of the Ethics in Government Act of 1978
(5 U.S.C. App. 6 Sec. Sec. 101-111) read as follows:]
title i--financial disclosure requirements of federal personnel
Persons Required to File
sec. 101. (a) Within thirty days of assuming the position of an officer
or employee described in subsection (f), an individual shall file a
report containing the information described in section 102(b) unless the
individual has left another position described in subsection (f) within
thirty days prior to assuming such new position or has already filed a
report under this title with respect to nomination for the new position
or as a candidate for the position. * * *
(c) Within thirty days of becoming a candidate as defined in section
301 of the Federal Campaign Act of 1971, in a calendar year for
nomination or election to the office of President, Vice President, or
Member of Congress, or on or before May 15 of that calendar year,
whichever is later, but in no event later than 30 days before the
election, and on or before May 15 of each successive year an individual
continues to be a candidate, an individual other than an incumbent
President, Vice President, or Member of Congress shall file a report
containing the information described in section 102(b). Notwithstanding
the preceding sentence, in any calendar year in which an individual
continues to be a candidate for any office but all elections for such
office relating to such candidacy were held in prior calendar years,
such individual need not file a report unless he becomes a candidate for
another vacancy in that office or another office during that year.
(d) Any individual who is an officer or employee described in
subsection (f) during any calendar year and performs the duties of his
position or office for a period in excess of sixty days in that calendar
year shall file on or before May 15 of the succeeding year a report
containing the information described in section 102(a).
(e) Any individual who occupies a position described in subsection (f)
shall, on or before the thirtieth day after termination of employment in
such position, file a report containing the information described in
section 102(a) covering the preceding calendar year if the report
required by subsection (d) has not been filed and covering the portion
of the calendar year in which such termination occurs up to the date the
individual left such office or position, unless such individual has
accepted employment in another position described in subsection (f).
(f) The officers and employees referred to in subsections (a), (d),
and (e) are-- * * *
(9) a Member of Congress as defined under section 109(12);
(10) an officer or employee of the Congress as defined under section
109(13); * * *
(g) Reasonable extensions of time for filing any report may be granted
under procedures prescribed by the supervising ethics office for each
branch, but the total of such extensions shall not exceed ninety days.
(h) The provisions of subsections (a), (b), and (e) shall not apply to
an individual who, as determined by the designated agency ethics
official or Secretary concerned (or in the case of a Presidential
appointee under subsection (b), the Director of the Office of Government
Ethics), the congressional ethics committees, or the Judicial
Conference, is not reasonably expected to perform the duties of his
office or position for more than sixty days in a calendar year, except
that if such individual performs the duties of his office or position
for more than sixty days in a calendar year--
(1) the report required by subsections (a) and (b) shall be filed
within fifteen days of the sixtieth day, and
(2) the report required by subsection (e) shall be filed as provided
in such subsection.
(i) The supervising ethics office for each branch may grant a publicly
available request for a waiver of any reporting requirement under this
section for an individual who is expected to perform or has performed
the duties of his office or position less than one hundred and thirty
days in a calendar year, but only if the supervising ethics office
determines that--
(1) such individual is not a full-time employee of the Government,
(2) such individual is able to provide services specially needed by
the Government,
(3) it is unlikely that the individual's outside employment or
financial interests will create a conflict of interest, and
(4) public financial disclosure by such individual is not necessary
in the circumstances.
Contents of Reports
sec. 102. (a) Each report filed pursuant to section 101 (d) and (e)
shall include a full and complete statement with respect to the
following:
(1)(A) The source, type, and amount or value of income (other than
income referred to in subparagraph (B)) from any source (other than
from current employment by the United States Government), and the
source, date, and amount of honoraria from any source, received during
the preceding calendar year, aggregating $200 or more in value and,
effective January 1, 1991, the source, date, and amount of payments
made to charitable organizations in lieu of honoraria, and the
reporting individual shall simultaneously file with the applicable
supervising ethics office, on a confidential basis, a corresponding
list of recipients of all such payments, together with the dates and
amounts of such payments.
(B) The source and type of income which consists of dividends,
rents, interest, and capital gains, received during the preceding
calendar year which exceeds $200 in amount or value, and an indication
of which of the following categories the amount or value of such item
of income is within:
(i) not more than $1,000,
(ii) greater than $1,000 but not more than $2,500,
(iii) greater than $2,500 but not more than $5,000,
(iv) greater than $5,000 but not more than $15,000,
(v) greater than $15,000 but not more than $50,000,
(vi) greater than $50,000 but not more than $100,000,
(vii) greater than $100,000 but not more than $1,000,000, or
(viii) greater than $1,000,000.
(2)(A) The identity of the source, a brief description, and the
value of all gifts aggregating more than the minimal value as
established by section 7342(a)(5) of title 5, United States Code, or
$250, whichever is greater, received from any source other than a
relative of the reporting individual during the preceding calendar
year, except that any food, lodging, or entertainment received as
personal hospitality of an individual need not be reported, and any
gift with a fair market value of $100 or less, as adjusted at the same
time and by the same percentage as the minimal value is adjusted, need
not be aggregated for purposes of this subparagraph.
(B) The identity of the source and a brief description (including a
travel itinerary, dates, and nature of expenses provided) of
reimbursements received from any source aggregating more than the
minimal value as established by section 7342(a)(5) of title 5, United
States Code, or $250, whichever is greater, and received during the
preceding calendar year.
(C) In an unusual case, a gift need not be aggregated under
subparagraph (A) if a publicly available request for a waiver is
granted.
(3) The identity and category of value of any interest in property
held during the preceding calendar year in a trade or business, or for
investment or the production of income, which has a fair market value
which exceeds $1,000 as of the close of the preceding calendar year,
excluding any personal liability owed to the reporting individual by a
spouse, or by a parent, brother, sister, or child of the reporting
individual or of the reporting individual's spouse, or any deposits
aggregating $5,000 or less in a personal savings account. For purposes
of this paragraph, a personal savings account shall include any
certificate
[[Page 2540]]
of deposit or any other form of deposit in a bank, savings and loan
association, credit union, or similar financial institution.
(4) The identity and category of value of the total liabilities owed
to any creditor other than a spouse, or a parent, brother, sister, or
child of the reporting individual or of the reporting individual's
spouse which exceed $10,000 at any time during the preceding calendar
year, excluding--
(A) any mortgage secured by real property which is a personal
residence of the reporting individual or his spouse; and
(B) any loan secured by a personal motor vehicle, household
furniture, or appliances, which loan does not exceed the purchase
price of the item which secures it.
With respect to revolving charge accounts, only those with an
outstanding liability which exceeds $10,000 as of the close of the
preceding calendar year need be reported under this paragraph.
(5) Except as provided in this paragraph, a brief description, the
date, and category of value of any purchase, sale or exchange during
the preceding calendar year exceeds $1,000--
(A) in real property, other than property used solely as a
personal residence of the reporting individual or his spouse; or
(B) in stocks, bonds, commodities futures, and other forms of
securities.
Reporting is not required under this paragraph of any transaction
solely by and between the reporting individual, his spouse, or
dependent children.
(6)(A) The identity of all positions held on or before the date of
filing during the current calendar year (and, for the first report
filed by an individual, during the two-year period preceding such
calendar year) as an officer, director, trustee, partner, proprietor,
representative, employee, or consultant of any corporation, company,
firm, partnership, or other business enterprise, any nonprofit
organization, any labor organization, or any educational or other
institution other than the United States. This subparagraph shall not
require the reporting of positions held in any religious, social,
fraternal, or political entity and positions solely of an honorary
nature.
(B) If any person, other than the United States Government, paid a
nonelected reporting individual compensation in excess of $5,000 in
any of the two calendar years prior to the calendar year during which
the individual files his first report under this title, the individual
shall include in the report--
(i) the identity of each source of such compensation; and
(ii) a brief description of the nature of the duties performed or
services rendered by the reporting individual for each such source.
The preceding sentence shall not require any individual to include
in such report any information which is considered confidential as a
result of a privileged relationship, established by law, between such
individual and any person nor shall it require an individual to report
any information with respect to any person for whom services were
provided by any firm or association of which such individual was a
member, partner, or employee unless such individual was directly
involved in the provision of such services.
(7) A description of the date, parties to, and terms of any
agreement or arrangement with respect to (A) future employment; (B) a
leave of absence during the period of the reporting individual's
Government service; (C) continuation of payments by a former employer
other than the United States Government; and (D) continuing
participation in an employee welfare or benefit plan maintained by a
former employer.
(b)(1) Each report filed pursuant to subsections (a), (b), and (c) of
section 101 shall include a full and complete statement with respect to
the information required by--
(A) paragraph (1) of subsection (a) for the year of filing and the
preceding calendar year,
(B) paragraphs (3) and (4) of subsection (a) as of the date
specified in the report but which is less than thirty-one days before
the filing date, and
(C) paragraphs (6) and (7) of subsection (a) as of the filing date
but for periods described in such paragraphs.
(2)(A) In lieu of filling out one or more schedules of a financial
disclosure form, an individual may supply the required information in an
alternative format, pursuant to either rules adopted by the supervising
ethics office for the branch in which such individual serves or pursuant
to a specific written determination by such office for a reporting
individual.
(B) In lieu of indicating the category of amount or value of any item
contained in any report filed under this title, a reporting individual
may indicate the exact dollar amount of such item.
(c) In the case of any individual described in section 101(e), any
reference to the preceding calendar year shall be considered also to
include that part of the calendar year of filing up to the date of the
termination of employment.
(d)(1) The categories for reporting the amount or value of the items
covered in paragraphs (3), (4), and (5) of subsection (a) are as
follows:
(A) not more than $15,000;
(B) greater than $15,000 but not more than $50,000;
(C) greater than $50,000 but not more than $100,000;
(D) greater than $100,000 but not more than $250,000;
(E) greater than $250,000 but not more than $500,000;
(F) greater than $500,000 but not more than $1,000,000; and
(G) greater than $1,000,000.
(2) For the purposes of paragraph (3) of subsection (a) if the current
value of an interest in real property (or an interest in a real estate
partnership) is not ascertainable without an appraisal, an individual
may list (A) the date of purchase and the purchase price of the interest
in the real property, or (B) the assessed value of the real property for
tax purposes, adjusted to reflect the market value of the property used
for the assessment if the assessed value is computed at less than 100
percent of such market value, but such individual shall include in his
report a full and complete description of the method used to determine
such assessed value, instead of specifying a category of value pursuant
to paragraph (1) of this subsection. If the current value of any other
item required to be reported under paragraph (3) of subsection (a) is
not ascertainable without an appraisal, such individual may list the
book value of a corporation whose stock is not publicly traded, the net
worth of a business partnership, the equity value of an individually
owned business, or with respect to other holdings, any recognized
indication of value, but such individual shall include in his report a
full and complete description of the method used in determining such
value. In lieu of any value referred to in the preceding sentence, an
individual may list the assessed value of the item for tax purposes,
adjusted to reflect the market value of the item used for the assessment
if the assessed value is computed at less than 100 percent of such
market value, but a full and complete description of the method used in
determining such assessed value shall be included in the report.
(e)(1) Except as provided in the last sentence of this paragraph, each
report required by section 101 shall also contain information listed in
paragraphs (1) through (5) of subsection (a) of this section respecting
the spouse or dependent child of the reporting individual as follows:
(A) The source of items of earned income earned by a spouse from any
person which exceed $1,000 and the source and amount of any honoraria
received by a spouse, except that, with respect to earned income
(other than honoraria), if the spouse is self-employed in business or
a profession, only the nature of such business or profession need be
reported.
(B) All information required to be reported in subsection (a)(1)(B)
with respect to income derived by a spouse or dependent child from any
asset held by the spouse or dependent child and reported pursuant to
subsection (a)(3).
(C) In the case of any gifts received by a spouse or dependent child
which
[[Page 2541]]
are not received totally independent of the relationship of the spouse
or dependent child to the reporting individual, the identity of the
source and a brief description of gifts of transportation, lodging,
food, or entertainment and a brief description and the value of other
gifts.
(D) In the case of any reimbursements received by a spouse or
dependent child which are not received totally independent of the
relationship of the spouse or dependent child to the reporting
individual, the identity of the source and a brief description of each
such reimbursement.
(E) In the case of items described in paragraphs (3) through (5) of
subsection (a), all information required to be reported under these
paragraphs other than items (i) which the reporting individual
certifies represent the spouse's or dependent child's sole financial
interest or responsibility and which the reporting individual has no
knowledge of, (ii) which are not in any way, past or present, derived
from the income, assets, or activities of the reporting individual,
and (iii) from which the reporting individual neither derives, nor
expects to derive, any financial or economic benefit.
Reports required by subsections (a), (b), and (c) of section 101
shall, with respect to the spouse and dependent child of the reporting
individual, only contain information listed in paragraphs (1), (3),
and (4) of subsection (a), as specified in this paragraph.
(2) No report shall be required with respect to a spouse living
separate and apart from the reporting individual with the intention of
terminating the marriage or providing for permanent separation; or with
respect to any income or obligations of an individual arising from the
dissolution of his marriage or the permanent separation from his spouse.
(f)(1) Except as provided in paragraph (2), each reporting individual
shall report the information required to be reported pursuant to
subsections (a), (b), and (c) of this section with respect to the
holdings of and the income from a trust or other financial arrangement
from which income is received by, or with respect to which a beneficial
interest in principal or income is held by, such individual, his spouse,
or any dependent child.
(2) A reporting individual need not report the holdings of or the
source of income from any of the holdings of--
(A) any qualified blind trust (as defined in paragraph (3));
(B) a trust--
(i) which was not created directly by such individual, his spouse,
or any dependent child, and
(ii) the holdings or sources of income of which such individual,
his spouse, and any dependent child have no knowledge of; or
(C) an entity described under the provisions of paragraph (8), but
such individual shall report the category of the amount of income
received by him, his spouse, or any dependent child from the trust or
other entity under subsection (a)(1)(B) of this section.
(3) For purpose of this subsection, the term ``qualified blind trust''
includes any trust in which a reporting individual, his spouse, or any
minor or dependent child has a beneficial interest in the principal or
income, and which meets the following requirements:
(A)(i) The trustee of the trust and any other entity designated in
the trust instrument to perform fiduciary duties is a financial
institution, an attorney, a certified public accountant, a broker, or
an investment advisor who--
(I) is independent of and not associated with any interested party
so that the trustee or other person cannot be controlled or
influenced in the administration of the trust by any interested
party; and
(II) is not and has not been an employee of or affiliated with any
interested party and is not a partner of, or involved in any joint
venture or other investment with, any interested party; and
(III) is not a relative of any interested party.
(ii) Any officer or employee of a trustee or other entity who is
involved in the management or control of the trust--
(I) is independent of and not associated with any interested party
so that such officer or employee cannot be controlled or influenced
in the administration of the trust by any interested party;
(II) is not a partner of, or involved in any joint venture or
other investment with, any interested party; and
(III) is not a relative of any interested party.
(B) Any asset transferred to the trust by an interested party is
free of any restriction with respect to its transfer or sale unless
such restriction is expressly approved by the supervising ethics
office of the reporting individual.
(C) The trust instrument which establishes the trust provides that--
(i) except to the extent provided in subparagraph (B) of this
paragraph, the trustee in the exercise of his authority and
discretion to manage and control the assets of the trust shall not
consult or notify any interested party;
(ii) the trust shall not contain any asset the holding of which by
an interested party is prohibited by any law or regulation;
(iii) the trustee shall promptly notify the reporting individual
and his supervising ethics office when the holdings of any
particular asset transferred to the trust by any interested party
are disposed of or when the value of such holding is less than
$1,000;
(iv) the trust tax return shall be prepared by the trustee or his
designee, and such return and any information relating thereto
(other than the trust income summarized in appropriate categories
necessary to complete an interested party's tax return), shall not
be disclosed to any interested party;
(v) an interested party shall not receive any report on the
holdings and sources of income of the trust, except a report at the
end of each calendar quarter with respect to the total cash value of
the interest of the interested party in the trust or the net income
or loss of the trust or any reports necessary to enable the
interested party to complete an individual tax return required by
law or to provide the information required by subsection (a)(1) of
this section, but such report shall not identify any asset or
holding;
(vi) except for communications which solely consist of requests
for distributions of cash or other unspecified assets of the trust,
there shall be no direct or indirect communication between the
trustee and an interested party with respect to the trust unless
such communication is in writing and unless it relates only (I) to
the general financial interest and needs of the interested party
(including, but not limited to, an interest in maximizing income or
long-term capital gain), (II) to the notification of the trustee of
a law or regulation subsequently applicable to the reporting
individual which prohibits the interested party from holding an
asset, which notification directs that the asset not be held by the
trust, or (III) to directions to the trustee to sell all of an asset
initially placed in the trust by an interested party which in the
determination of the reporting individual creates a conflict of
interest or the appearance thereof due to the subsequent assumption
of duties by the reporting individual (but nothing herein shall
require any such direction); and
(vii) the interested parties shall make no effort to obtain
information with respect to the holdings of the trust, including
obtaining a copy of any trust tax return filed or any information
relating thereto except as otherwise provided in this subsection.
(D) The proposed trust instrument and the proposed trustee is
approved by the reporting individual's supervising ethics office.
(E) For purposes of this subsection, ``interested party'' means a
reporting individual, his spouse, and any minor or dependent child;
``broker'' has the meaning set forth in section 3(a)(4) of
[[Page 2542]]
the Securities and Exchange Act of 1934 (15 U.S.C. 78c(a)(4)); and
``investment adviser'' includes any investment adviser who, as
determined under regulations prescribed by the supervising ethics
office, is generally involved in his role as such an adviser in the
management or control of trusts.
(F) Any trust qualified by a supervising ethics office before the
effective date of title II of the Ethics Reform Act of 1989 shall
continue to be governed by the law and regulations in effect
immediately before such effective date.
(4)(A) An asset placed in a trust by an interested party shall be
considered a financial interest of the reporting individual, for the
purposes of any applicable conflict of interest statutes, regulations,
or rules of the Federal Government (including section 208 of title 18,
United States Code), until such time as the reporting individual is
notified by the trustee that such asset has been disposed of, or has a
value of less than $1,000.
(B)(i) The provisions of subparagraph (A) shall not apply with respect
to a trust created for the benefit of a reporting individual, or the
spouse, dependent child, or minor child of such a person, if the
supervising ethics office for such reporting individual finds that--
(I) the assets placed in the trust consist of a well-diversified
portfolio of readily marketable securities;
(II) none of the assets consist of securities of entities having
substantial activities in the area of the reporting individual's
primary area of responsibility;
(III) the trust instrument prohibits the trustee, notwithstanding
the provisions of paragraphs (3)(C) (iii) and (iv) of this subsection,
from making public or informing any interested party of the sale of
any securities;
(IV) the trustee is given power of attorney, notwithstanding the
provisions of paragraph (3)(C)(v) of this subsection, to prepare on
behalf of any interested party the personal income tax returns and
similar returns which may contain information relating to the trust;
and
(V) except as otherwise provided in this paragraph, the trust
instrument provides (or in the case of a trust established prior to
the effective date of this Act which by its terms does not permit
amendment, the trustee, the reporting individual, and any other
interested party agree in writing) that the trust shall be
administered in accordance with the requirements of this subsection
and the trustee of such trust meets the requirements of paragraph
(3)(A). * * *
(5)(A) The reporting individual shall, within thirty days after a
qualified blind trust is approved by his supervising ethics office, file
with such office a copy of--
(i) the executed trust instrument of such trust (other than those
provi-P
sions which relate to the testamentary disposition of the trust
assets), and
(ii) a list of the assets which were transferred to such trust,
including the category of value of each asset as determined under
subsection (d) of this section.
This subparagraph shall not apply with respect to a trust meeting the
requirements for being considered a qualified blind trust under
paragraph (7) of this subsection.
(B) The reporting individual shall, within thirty days of transferring
an asset (other than cash) to a previously established qualified blind
trust, notify his supervising ethics office of the identity of each such
asset and the category of value of each asset as determined under
subsection (d) of this section.
(C) Within thirty days of the dissolution of a qualified blind trust,
a reporting individual shall--
(i) notify his supervising ethics office of such dissolution, and
(ii) file with such office a copy of a list of the assets of the
trust at the time of such dissolution and the category of value under
subsection (d) of this section of each such asset.
(D) Documents filed under subparagraphs (A), (B), and (C) of this
paragraph and the lists provided by the trustee of assets placed in the
trust by an interested party which have been sold shall be made
available to the public in the same manner as a report is made available
under section 105 and the provisions of that section shall apply with
respect to such documents and lists.
(E) A copy of each written communication with respect to the trust
under paragraph (3)(C)(vi) shall be filed by the person initiating the
communication with the reporting individual's supervising ethics office
within five days of the date of the communication.
(6)(A) A trustee of a qualified blind trust shall not knowingly and
willfully, or negligently, (i) disclose any information to an interested
party with respect to such trust that may not be disclosed under
paragraph (3) of this subsection; (ii) acquire any holding the ownership
of which is prohibited by the trust instrument; (iii) solicit advice
from any interested party with respect to such trust, which solicitation
is prohibited by paragraph (3) of this subsection or the trust
agreement; or (iv) fail to file any document required by this
subsection.
(B) A reporting individual shall not knowingly and willfully, or
negligently, (i) solicit or receive any information with respect to a
qualified blind trust of which he is an interested party that may not be
disclosed under paragraph (3)(C) of this subsection or (ii) fail to file
any document required by this subsection.
(C)(i) The Attorney General may bring a civil action in any
appropriate United States district court againstP
any individual who knowingly and willfully violates the provisions of
subparagraph (A) or (B) of this paragraph. The court in which such
action is brought may assess against such individual a civil penalty in
any amount not to exceed $10,000.
(ii) The Attorney General may bring a civil action in any appropriate
United States district court against any individual who negligently
violates the provisions of subparagraph (A) or (B) of this paragraph.
The court in which such action is brought may assess against such
individual a civil penalty in any amount not to exceed $5,000.
(7) Any trust may be considered to be a qualified blind trust if--
(A) the trust instrument is amended to comply with the requirements
of paragraph (3) or, in the case of a trust instrument which does not
by its terms permit amendment, the trustee, the reporting individual,
and any other interested party agree in writing that the trust shall
be administered in accordance with the requirements of this subsection
and the trustee of such trust meets the requirements of paragraph
(3)(A); except that in the case of any interested party who is a
dependent child, a parent or guardian of such child may execute the
agreement referred to in this subparagraph;
(B) a copy of the trust instrument (except testamentary provisions)
and a copy of the agreement referred to in subparagraph (A), and a
list of the assets held by the trust at the time of approval by the
supervising ethics office, including the category of value of each
asset as determined under subsection (d) of this section, are filed
with such office and made available to the public as provided under
paragraph (5)(D) of this subsection; and
(C) the supervising ethics office determines that approval of the
trust arrangement as a qualified blind trust is in the particular case
appropriate to assure compliance with applicable laws and regulations.
(8) A reporting individual shall not be required to report the
financial interests held by a widely held investment fund (whether such
fund is a mutual fund, regulated investment company, pension or deferred
compensation plan, or other investment fund), if--
(A)(i) the fund is publicly traded; or
(ii) the assets of the fund are widely diversified; and
(B) the reporting individual neither exercises control over nor has
the ability to exercise control over the financial interests held by
the fund.
(g) Political campaign funds, including campaign receipts and
expenditures, need not be included in any report filed pursuant to this
title.
(h) A report filed pursuant to subsection (a), (d), or (e) of section
101 need not contain the information described in subparagraphs (A),
(B), and (C) of subsection (a)(2) with respect to gifts and
reimbursements received in a
[[Page 2543]]
period when the reporting individual was not an officer or employee of
the Federal Government.
(i) A reporting individual shall not be required under this title to
report--
(1) financial interests in or income derived from--
(A) any retirement system under title 5, United States Code
(including the Thrift Savings Plan under subchapter III of chapter
84 of such title); or
(B) any other retirement system maintained by the United States
for officers or employees of the United States, including the
President, or for members of the uniformed services; or
(2) benefits received under the Social Security Act.
Filing of Reports
sec. 103. (a) Except as otherwise provided in this section, the reports
required under this title shall be filed by the reporting individual
with the designated agency ethics official at the agency by which he is
employed (or in the case of an individual described in section 101(e),
was employed) or in which he will serve. The date any report is received
(and the date of receipt of any supplemental report) shall be noted on
such report by such official. * * *
(g) Each supervising Ethics Office shall develop and make available
forms for reporting the information required by this title.
(h)(1) The reports required under this title shall be filed by a
reporting individual with--
(A)(i)(I) the Clerk of the House of Representatives, in the case of
a Representative in Congress, a Delegate to Congress, the Resident
Commissioner from Puerto Rico, an officer or employee of the Congress
whose compensation is disbursed by the Clerk of the House of
Representatives, an officer or employee of the Architect of the
Capitol, the United States Botanic Gardens, the Congressional Budget
Office, the Government Printing Office, the Library of Congress, or
the Copyright Royalty Tribunal (including any individual terminating
service, under section 101(e), in any office or position referred to
in this subclause), or an individual described in section 101(c) who
is a candidate for nomination or election as a Representative in
Congress, a Delegate to Congress, or the Resident Commissioner from
Puerto Rico; * * *
(ii) in the case of an officer or employee of the Congress as
described under section 101(f)(10) who is employed by an agency or
commission established in the legislative branch after the date of the
enactment of the Ethics Reform Act of 1989--
(I) the Secretary of the Senate or the Clerk of the House of
Representatives, as the case may be, as designated in the statute
establishing such agency or commission; or
(II) if such statute does not designate such committee, the
Secretary of the Senate for agencies and commissions established in
even numbered calendar years, and the Clerk of the House of
Representatives for agencies and commissions established in odd
numbered calendar years; * * *
(2) The date any report is received (and the date of receipt of any
supplemental report) shall be noted on such report by such committee.
(i) A copy of each report filed under this title by a Member or an
individual who is a candidate for the office of Member shall be sent by
the Clerk of the House of Representatives or Secretary of the Senate, as
the case may be, to the appropriate State officer designated under
section 316(a) of the Federal Election Campaign Act of 1971 of the State
represented by the Member or in which the individual is a candidate, as
the case may be, within the 30-day period beginning on the day the
report is filed with the Clerk or Secretary.
(j)(1) A copy of each report filed under this title with the Clerk of
the House of Representatives shall be sent by the Clerk to the Committee
on Standards of Official Conduct of the House of Representatives within
the 7-day period beginning on the day the report is filed. * * *
(k) In carrying out their responsibilities under this title with
respect to candidates for office, the Clerk of the House of
Representatives and the Secretary of the Senate shall avail themselves
of the assistance of the Federal Election Commission. The Commission
shall make available to the Clerk and the Secretary on a regular basis a
complete list of names and addresses of all candidates registered with
the Commission, and shall cooperate and coordinate its candidate
information and notification program with the Clerk and the Secretary to
the greatest extent possible.
Failure to File or Filing False Reports
sec. 104. (a) The Attorney General may bring a civil action in any
appropriate United States district court against any individual who
knowingly and willfully falsifies or who knowingly and willfully fails
to file or report any information that such individual is required to
report pursuant to section 102. The court in which such action is
brought may assess against such individual a civil penalty in any
amount, not to exceed $10,000.
(b) The head of each agency, each Secretary concerned, the Director of
the Office of Government Ethics, each congressional ethics committee, or
the Judicial Conference, as the case may be, shall refer to the Attorney
General the name of any individual which such official or committee has
reasonable cause to believe has willfully failed to file a report or has
willfully falsified or willfully failed to file information required to
be reported.
(c) The President, the Vice President, the Secretary concerned, the
head of each agency, the Office of Personnel Management, a congressional
ethics committee, and the Judicial Conference of the United States, may
take any appropriate personnel or other action in accordance with
applicable law or regulation against any individual failing to file a
report or falsifying or failing to report information required to be
reported.
(d)(1) Any individual who files a report required to be filed under
this title more than 30 days after the later of--
(A) the date such report is required to be filed pursuant to the
provisions of this title and the rules and regulations promulgated
thereunder; or
(B) if a filing extension is granted to such individual under
section 101(g), the last day of the filing extension period, shall, at
the direction of and pursuant to regulations issued by the supervising
ethics office, pay a filing fee of $200. All such fees shall be
deposited in the miscellaneous receipts of the Treasury. The authority
under this paragraph to direct the payment of a filing fee may be
delegated by the supervising ethics office in the executive branch to
other agencies in the executive branch.
(2) The supervising ethics office may waive the filing fee under this
subsection in extraordinary circumstances.
Custody of and Public Access to Reports
sec. 105. (a) Each agency, each supervising ethics office in the
executive or judicial branch, the Clerk of the House of Representatives,
and the Secretary of the Senate shall make available to the public, in
accordance with subsection (b), each report filed under this title with
such agency or office or with the Clerk or the Secretary of the Senate.
* * *
(b)(1) Except as provided in the second sentence of this subsection,
each agency, each supervising ethics office in the executive or judicial
branch, the Clerk of the House of Representatives, and the Secretary of
the Senate shall, within thirty days after any report is received under
this title by such agency or office or by the Clerk or the Secretary of
the Senate, as the case may be, permit inspection of such report by or
furnish a copy of such report to any person requesting such inspection
or copy. With respect to any report required to be filed by May 15 of
any year, such report shall be made available for public inspection
within 30 calendar days after May 15 of such year or within 30 days of
the date of filing of such a report for which an extension is granted
pursuant to section 101(g). The agency, office, Clerk, or Secretary of
the Senate, as the case may be may require a reasonable fee to be paid
in any amount which is found necessary to recover the cost of
reproduction or mailing of such report excluding any salary
[[Page 2544]]
of any employee involved in such reproduction or mailing. A copy of such
report may be furnished without charge or at a reduced charge if it is
determined that waiver or reduction of the fee is in the public
interest.
(2) Notwithstanding paragraph (1), a report may not be made available
under this section to any person nor may any copy thereof be provided
under this section to any person except upon a written application by
such person stating--
(A) that person's name, occupation and address;
(B) the name and address of any other person or organization on
whose behalf the inspection or copy is requested; and
(C) that such person is aware of the prohibitions on the obtaining
or use of the report.
Any such application shall be made available to the public throughout
the period during which the report is made available to the public.
(c)(1) It shall be unlawful for any person to obtain or use a report--
(A) for any unlawful purpose;
(B) for any commercial purpose, other than by news and
communications media for dissemination to the general public;
(C) for determining or establishing the credit rating of any
individual; or
(D) for use, directly or indirectly, in the solicitation of money
for any political, charitable, or other purpose.
(2) The Attorney General may bring a civil action against any person
who obtains or uses a report for any purpose prohibited in paragraph (1)
of this subsection. The court in which such action is brought may assess
against such person a penalty in any amount not to exceed $10,000. Such
remedy shall be in addition to any other remedy available under
statutory or common law.
(d) Any report filed with or transmitted to an agency or supervising
ethics office or to the Clerk of the House of Representatives or the
Secretary of the Senate pursuant to this title shall be retained by such
agency or office or by the Clerk or the Secretary of the Senate, as the
case may be. Such report shall be made available to the public for a
period of six years after receipt of the report. After such six-year
period the report shall be destroyed unless needed in an ongoing
investigation, except that in the case of an individual who filed the
report pursuant to section 101(b) and was not subsequently confirmed by
the Senate, or who filed the report pursuant to section 101(c) and was
not subsequently elected, such reports shall be destroyed one year after
the individual either is no longer under consideration by the Senate or
is no longer a candidate for nomination or election to the Office of
President, Vice President, or as a Member of Congress, unless needed in
an ongoing investigation.
Review of Reports
sec. 106. (a)(1) Each designated agency ethics official or Secretary
concerned shall make provisions to ensure that each report filed with
him under this title is reviewed within sixty days after the date of
such filing, except that the Director of the Office of Government Ethics
shall review only those reports required to be transmitted to him under
this title within sixty days after the date of transmittal.
(2) Each congressional ethics committee and the Judicial Conference
shall make provisions to ensure that each report filed under this title
is reviewed within sixty days after the date of such filing.
(b)(1) If after reviewing any report under subsection (a), the
Director of the Office of Government Ethics, the Secretary concerned,
the designated agency ethics official, a person designated by the
congressional ethics committee, or a person designated by the Judicial
Conference, as the case may be, is of the opinion that on the basis of
information contained in such report the individual submitting such
report is in compliance with applicable laws and regulations, he shall
state such opinion on the report, and shall sign such report.
(2) If the Director of the Office of Government Ethics, the Secretary
concerned, the designated agency ethics official, a person designated by
the congressional ethics committee, or a person designated by the
Judicial Conference, after reviewing any report under subsection (a)--
(A) believes additional information is required to be submitted, he
shall notify the individual submitting such report what additional
information is required and the time by which it must be submitted, or
(B) is of the opinion, on the basis of information submitted, that
the individual is not in compliance with applicable laws and
regulations, he shall notify the individual, afford a reasonable
opportunity for a written or oral response, and after consideration of
such response, reach an opinion as to whether or not, on the basis of
information submitted, the individual is in compliance with such laws
and regulations.
(3) If the Director of the Office of Government Ethics, the Secretary
concerned, the designated agency ethics official, a person designated by
a congressional ethics committee, or a person designated by the Judicial
Conference, reaches an opinion under paragraph (2)(B) that an individual
is not in compliance with applicable laws and regulations, the official
or committee shall notify the individual of that opinion and, after an
opportunity for personal consultation (if practicable), determine and
notify the individual of which steps, if any, would in the opinion of
such official or committee be appropriate for assuring compliance with
such laws and regulations and the date by which such steps should be
taken. Such steps may include, as appropriate--
(A) divestiture,
(B) restitution,
(C) the establishment of a blind trust,
(D) request for an exemption under section 208(b) of title 18,
United States Code, or
(E) voluntary request for transfer, reassignment, limitation of
duties, or resignation.
The use of any such steps shall be in accordance with such rules or
regulations as the supervising ethics office may prescribe.
(4) If steps for assuring compliance with applicable laws and
regulations are not taken by the date set under paragraph (3) by an
individual in a position in the executive branch (other than in the
Foreign Service or the uniformed services), appointment to which
requires the advice and consent of the Senate, the matter shall be
referred to the President for appropriate action.
(5) If steps for assuring compliance with applicable laws and
regulations are not taken by the date set under paragraph (3) by a
member of the Foreign Service or the uniformed services, the Secretary
concerned shall take appropriate action.
(6) If steps for assuring compliance with applicable laws and
regulations are not taken by the date set under paragraph (3) by any
other officer or employee, the matter shall be referred to the head of
the appropriate agency, the congressional ethics committee, or the
Judicial Conference, for appropriate action; except that in the case of
the Postmaster General or Deputy Postmaster General, the Director of the
Office of Government Ethics shall recommend to the Governors of the
Board of Governors of the United States Postal Service the action to be
taken.
(7) Each supervising ethics office may render advisory opinions
interpreting this title within its respective jurisdiction.
Notwithstanding any other provision of law, the individual to whom a
public advisory opinion is rendered in accordance with this paragraph,
and any other individual covered by this title who is involved in a fact
situation which is indistinguishable in all material aspects, and who
acts in good faith in accordance with the provisions and findings of
such advisory opinion shall not, as a result of such act, be subject to
any penalty or sanction provided by this title.
Confidential Reports and Other Additional Requirements
sec. 107. (a)(1) Each supervising ethics office may require officers and
employees under its jurisdiction (including special Government employees
as defined in section 202 of title 18, United States Code) to file
confidential financial disclosure reports, in such form as the
supervising ethics office may prescribe. The information required to be
reported under this subsection by the
[[Page 2545]]
officers and employees of any department or agency shall be set forth in
rules or regulations prescribed by the supervising ethics office, and
may be less extensive than otherwise required by this title, or more
extensive when determined by the supervising ethics office to be
necessary and appropriate in light of sections 202 through 209 of title
18, United States Code, regulations promulgated thereunder, or the
authorized activities of such officers or employees. Any individual
required to file a report pursuant to section 101 shall not be required
to file a confidential report pursuant to this subsection, except with
respect to information which is more extensive than information
otherwise required by this title. Subsections (a), (b), and (d) of
section 105 shall not apply with respect to any such report.
(2) Any information required to be provided by an individual under
this subsection shall be confidential and shall not be disclosed to the
public.
(3) Nothing in this subsection exempts any individual otherwise
covered by the requirement to file a public financial disclosure report
under this title from such requirement.
(b) The provisions of this title requiring the reporting of
information shall supersede any general requirement under any other
provision of law or regulation with respect to the reporting of
information required for purposes of preventing conflicts of interest or
apparent conflicts of interest. Such provisions of this title shall not
supersede the requirements of section 7342 of title 5, United States
Code.
(c) Nothing in this Act requiring reporting of information shall be
deemed to authorize the receipt of income, gifts, or reimbursements; the
holding of assets, liabilities, or positions; or the participation in
transactions that are prohibited by law, Executive order, rule, or
regulation.
Authority of Comptroller General
sec. 108. (a) The Comptroller General shall have access to financial
disclosure reports filed under this title for the purposes of carrying
out his statutory responsibilities.
(b) No later than December 31, 1992, and regularly thereafter, the
Comptroller General shall conduct a study to determine whether the
provisions of this title are being carried out effectively.
Definitions
sec. 109. For the purposes of this title, the term--
(1) ``congressional ethics committees'' means the Select Committee
on Ethics of the Senate and the Committee on Standards of Official
Conduct of the House of Representatives;
(2) ``dependent child'' means, when used with respect to any
reporting individual, any individual who is a son, daughter, stepson,
or stepdaughter and who--
(A) is unmarried and under age 21 and is living in the household
of such reporting individual; or
(B) is a dependent of such reporting individual within the meaning
of section 152 of the Internal Revenue Code of 1986;
(3) ``designated agency ethics official'' means an officer or
employee who is designated to administer the provisions of this title
within an agency; * * *
(5) ``gift'' means a payment, advance, forbearance, rendering, or
deposit of money, or any thing of value, unless consideration of equal
or greater value is received by the donor, but does not include--
(A) bequest and other forms of inheritance;
(B) suitable mementos of a function honoring the reporting
individual;
(C) food, lodging, transportation, and entertainment provided by a
foreign government within a foreign country or by the United States
Government, the District of Columbia, or a State or local government
or political subdivision thereof;
(D) food and beverages which are not consumed in connection with a
gift of overnight lodging;
(E) communications to the offices of a reporting individual,
including subscriptions to newspapers and periodicals; or
(F) consumable products provided by home-State businesses to the
offices of a reporting individual who is an elected official, if
those products are intended for consumption by persons other than
such reporting individual;
(6) ``honoraria'' has the meaning given such term in section 505 of
this Act;
(7) ``income'' means all income from whatever source derived,
including but not limited to the following items: compensation for
services, including fees, commissions, and similar items; gross income
derived from business (and net income if the individual elects to
include it); gains derived from dealings in property; interest; rents;
royalties; dividends; annuities; income from life insurance and
endowment contracts; pensions; income from discharge of indebtedness;
distributive share of partnership income; and income from an interest
in an estate or trust; * * *
(11) ``legislative branch'' includes--
(A) the Architect of the Capitol;
(B) the Botanic Gardens;
(C) the Congressional Budget Office;
(D) the General Accounting Office;
(E) the Government Printing Office;
(F) the Library of Congress;
(G) the United States Capitol Police;
(H) the Office of Technology Assessment; and
(I) any other agency, entity, office, or commission established in
the legislative branch;
(12) ``Member of Congress'' means a United States Senator, a
Representative in Congress, a Delegate to Congress, or the Resident
Commissioner from Puerto Rico;
(13) ``officer or employee of the Congress'' means--
(A) any individual described under subparagraph (B), other than a
Member of Congress or the Vice President, whose compensation is
disbursed by the Secretary of the Senate or the Clerk of the House
of Representatives;
(B)(i) each officer or employee of the legislative branch who, for
at least 60 days, occupies a position for which the rate of basic
pay is equal to or greater than 120 percent of the minimum rate of
basic pay payable for GS-15 of the General Schedule; and
(ii) at least one principal assistant designated for purposes of
this paragraph by each Member who does not have an employee who
occupies a position for which the rate of basic pay is equal to or
greater than 120 percent of the minimum rate of basic pay payable
for GS-15 of the General Schedule;
(14) ``personal hospitality of any individual'' means hospitality
extended for a nonbusiness purpose by an individual, not a corporation
or organization, at the personal residence of that individual or his
family or on property or facilities owned by that individual or his
family;
(15) ``reimbursement'' means any payment or other thing of value
received by the reporting individual, other than gifts, to cover
travel-related expenses of such individual other than those which
are--
(A) provided by the United States Government, the District of
Columbia, or a State or local government or political subdivision
thereof;
(B) required to be reported by the reporting individual under
section 7342 of title 5, United States Code; or
(C) required to be reported under section 304 of the Federal
Election Campaign Act of 1971 (2 U.S.C. 434);
(16) ``relative'' means an individual who is related to the
reporting individual, as father, mother, son, daughter, brother,
sister, uncle, aunt, great aunt, great uncle, first cousin, nephew,
niece, husband, wife, grandfather, grandmother, grandson,
granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-
law, brother-in-law, sister-in-law, stepfather, stepmother, stepson,
stepdaughter, stepbrother, stepsister, half brother, half sister, or
who is the grandfather or grandmother of the spouse of the reporting
individual, and shall be deemed to include the fiance or fiancee of
the reporting individual; * * *
[[Page 2546]]
(18) ``supervising ethics office'' means--
(A) the Senate Committee on Ethics of the Senate, for Senators,
officers and employees of the Senate, and other officers or
employees of the legislative branch required to file financial
disclosure reports with the Secretary of the Senate pursuant to
section 103(h) of this title;
(B) the Committee on Standards of Official Conduct of the House of
Representatives, for Members, officers and employees of the House of
Representatives and other officers or employees of the legislative
branch required to file financial disclosure reports with the Clerk
of the House of Representatives pursuant to section 103(h) of this
title;
(C) the Judicial Conference for judicial officers and judicial
employees; and
(D) the Office of Government Ethics for all executive branch
officers and employees; and
(19) ``value'' means a good faith estimate of the dollar value if
the exact value is neither known nor easily obtainable by the
reporting individual.
Notice of Actions Taken to Comply with Ethics Agreements
sec. 110. (a) In any case in which an individual agrees with that
individual's designated agency ethics official, the Office of Government
Ethics, a Senate confirmation committee, a congressional ethics
committee, or the Judicial Conference, to take any action to comply with
this Act of any other law or regulation governing conflicts of interest
of, or establishing standards of conduct applicable with respect to,
officers or employees of the Government, that individual shall notify in
writing the designated agency ethics official, the Office of Government
Ethics, the appropriate committee of the Senate, the congressional
ethics committee, or the Judicial Conference, as the case may be, of any
action taken by the individual pursuant to that agreement. Such
notification shall be made not later than the date specified in the
agreement by which action by the individual must be taken, or not later
than three months after the date of the agreement, if no date for action
is so specified.
(b) If an agreement described in subsection (a) requires that the
individual recuse himself or herself from particular categories of
agency or other official action, the individual shall reduce to writing
those subjects regarding which the recusal agreement will apply and the
process by which it will be determined whether the individual must
recuse himself or herself in a specific instance. An individual shall be
considered to have complied with the requirements of subsection (a) with
respect to such recusal agreement if such individual files a copy of the
document setting forth the information described in the preceding
sentence with such individual's designated agency ethics official or the
appropriate supervising ethics office within the time prescribed in the
last sentence of subsection (a).
Administration of Provisions
sec. 111. The provisions of this title shall be administered by * * *
(2) the Select Committee on Ethics of the Senate and the Committee
on Standards of Official Conduct of the House of Representatives, as
appropriate, with regard to officers and employees described in
paragraphs (9) and (10) of section 101(f). * * *
Rule XLV
prohibition of unofficial office accounts
1. No Member may maintain or have maintained for his use an unofficial
office account.
2. After the date of adoption of this rule, no funds may be paid into
any unofficial office account.
3. Notwithstanding any other provision of this rule, if an amount from
the Official Expenses Allowance of a Member is paid into the House
Recording Studio revolving fund for telecommunications satellite
services, the Member may accept reimbursement from non-political
entities in that amount for transmission to the Clerk of the House of
Representatives for credit to the Official Expenses Allowance.
4. For purposes of this rule--
(a) the term ``unofficial office account'' means an account or
repository into which funds are received for the purpose of defraying
otherwise unreimbursed expenses allowable under section 162(a) of the
Internal Revenue Code of 1954 as ordinary and necessary in the
operation of a congressional office, and includes any newsletter fund
referred to in section 527(g) of the Internal Revenue Code of 1954;
and
(b) the term ``Member'' means any Member of, Delegate to, or
Resident Commissioner in, the House of Representatives.
Rule XLVI
limitations on the use of the frank
1. Any franked mail which is mailed by a Member under section 3210(d)
of title 39, United States Code, shall be mailed at the equivalent rate
of postage which assures that such mail will be sent by the most
economical means practicable.
2. A Member shall, before making any mass mailing, submit a sample or
description of the mail matter involved to the House Commission on
Congressional Mailing Standards for an advisory opinion as to whether
such proposed mailing is in compliance with applicable provisions of
law, rule, or regulation.
3. Any mass mailing which otherwise is frankable by a Member under the
provisions of section 3210(e) of title 39, United States Code, shall not
be frankable unless the cost of preparing and printing such mass mailing
is defrayed exclusively from funds made available in any appropriations
Act.
4. A Member may not send any mass mailing outside the congressional
district from which the Member was elected.
5. In the case of any Representative in the House of Representatives,
other than a Representative at Large, who is a candidate for any
statewide public office, any mass mailing shall not be frankable under
section 3210 of title 39, United States Code, when the same is delivered
to any address which is not located in the area constituting the
congressional district from which any such individual was elected.
6. In the case of any Member, any mass mailing shall not be frankable
under section 3210 of title 39, United States Code, when the same is
postmarked less than sixty days immediately before the date of any
primary or general election (whether regular, special, or runoff) in
which such Member is a candidate for public office. If mail matter is of
a type which is not customarily postmarked, the date on which such
matter would have been postmarked if it were of a type customarily
postmarked shall apply.
7. For purposes of this rule--
(a) the term ``mass mailing'' means, with respect to a session in
Congress, any mailing of newsletters or other pieces of mail with
substantially identical content (whether such mail is deposited singly
or in bulk, or at the same time or different times), totaling more
than 500 pieces in that session, except that such term does not
include any mailing--
(1) of matter in direct response to a communication from a person
to whom the matter is mailed;
(2) from a Member to other Members of Congress, or to Federal,
State, or local government officials; or
(3) of a news release to the communications media.
(b) The term ``Member'' means any Member of the House of
Representatives, a Delegate to the House of Representatives, or the
Resident Commissioner in the House of Representatives.
(c) The term ``Members of Congress'' means Senators and
Representatives in, and Delegates and Resident Commissioners to, the
Congress.
Rule XLVII
limitations on outside employment and earned income
1. (a)(1) Except as provided by subparagraph (2), in calendar year
1991 or thereafter, a Member or an officer or employee of the House may
not--
(A) have outside earned income attributable to such calendar year
which exceeds 15 percent of the annual rate of basic pay for level II
of the Executive Schedule under section 5313 of title 5, United States
Code, as of January 1 of such calendar year; or
[[Page 2547]]
(B) receive any honorarium.
(2) In the case of any individual who becomes a Member or an officer
or employee of the House during calendar year 1991 or thereafter, such
individual may not have outside earned income attributable to the
portion of that calendar year which occurs after such individual becomes
a Member, officer or employee which exceeds 15 percent of the annual
rate of basic pay for level II of the Executive Schedule under section
5313 of title 5, United States Code, as of January 1 of such calendar
year multiplied by a fraction the numerator of which is the number of
days such individual is a Member, officer, or employee during such
calendar year and the denominator of which is 365.
(3) In calendar year 1991 or thereafter, any payment in lieu of an
honorarium which is made to a charitable organization on behalf of a
Member, officer or employee of the House may not be received by such
individual. No such payment shall exceed $2,000 or be made to a
charitable organization from which such individual or a parent, sibling,
spouse, child, or dependent relative of such individual derives any
financial benefit.
(b)(1) Except as provided by subparagraph (2), in calendar year 1990,
a Member may not have outside earned income (including honoraria
received in such calendar year) attributable to such calendar year which
exceeds 30 percent of the annual pay as a Member to which the Member was
entitled in 1989.
(2) In the case of any individual who becomes a Member during calendar
year 1990, such individual may not have outside earned income (including
honoraria) attributable to the portion of that calendar year which
occurs after such individual becomes a Member which exceeds 30 percent
of $89,500 multiplied by a fraction the numerator of which is the number
of days such individual is a Member during such calendar year and the
denominator of which is 365.
2. On or after January 1, 1991, a Member or an officer or employee of
the House shall not--
(1) receive compensation for affiliating with or being employed by a
firm, partnership, association, corporation, or other entity which
provides professional services involving a fiduciary relationship;
(2) permit that Member's, officer's, or employee's name to be used
by any such firm, partnership, association, corporation, or other
entity;
(3) receive compensation for practicing a profession which involves
a fiduciary relationship;
(4) serve for compensation as an officer or member of the board of
any association, corporation, or other entity; or
(5) receive compensation for teaching, without the prior
notification and approval of the Committee on Standards of Official
Conduct.
3. For the purposes of this rule--
(a) The term ``Member'' means any Member of the House of
Representatives, a Delegate to the House of Representatives, or the
Resident Commissioner in the House of Representatives.
(b)(1) Except as provided by paragraph (2), the term ``officer or
employee of the House'' means any individual (other than a Member)
whose pay is disbursed by the Clerk and who is paid at a rate equal to
or greater than the annual rate of basic pay in effect for grade GS-16
of the General Schedule under section 5332 of title 5, United States
Code, and so employed for more than 90 days in a calendar year.
(2) When used with respect to honoraria, the term ``officer or
employee of the House'' means any individual (other than a Member)
whose salary is disbursed by the Clerk.
(c) The term ``honorarium'' means a payment of money or any thing of
value for an appearance, speech, or article, by a Member or an officer
or employee of the House, excluding any actual and necessary travel
expenses incurred by such individual (and one relative) to the extent
that such expenses are paid or reimbursed by any other person, and the
amount otherwise determined shall be reduced by the amount of any such
expenses to the extent that such expenses are not paid or reimbursed.
(d) The term ``travel expenses'' means, with respect to a Member or
an officer or employee of the House, or a relative of any such
individual, the cost of transportation, and the cost of lodging and
meals while away from his or her residence or principal place of
employment.
(e) The term ``outside earned income'' means, with respect to a
Member, officer or employee, wages, salaries, fees, and other amounts
received or to be received as compensation for personal services
actually rendered but does not include--
(1) the salary of such individual as a Member, officer or
employee;
(2) any compensation derived by such individual for personal
services actually rendered prior to the effective date of this rule
or becoming such a Member, officer or employee, whichever occurs
later;
(3) any amount paid by, or on behalf of, a Member, officer or
employee, to a tax-qualified pension, profit-sharing, or stock bonus
plan and received by such individual from such a plan;
(4) in the case of a Member, officer or employee engaged in a
trade or business in which the individual or his family holds a
controlling interest and in which both personal services and capital
are income-producing factors, any amount received by such individual
so long as the personal services actually rendered by the individual
in the trade or business do not generate a significant amount of
income; and
(5) copyright royalties received from established publishers
pursuant to usual and customary contractual terms.
Outside earned income shall be determined without regard to any
community property law.
(f) The term ``charitable organization'' means an organization
described in section 170(c) of the Internal Revenue Code of 1986.
Rule XLVIII
permanent select committee on intelligence
1. (a) There is hereby established a permanent select committee to be
known as the Permanent Select Committee on Intelligence (hereinafter in
this rule referred to as the ``select committee''). The select committee
shall be composed of not more than nineteen Members with representation
to include at least one Member from:
(1) the Committee on Appropriations;
(2) the Committee on Armed Services;
(3) the Committee on Foreign Affairs; and
(4) the Committee on the Judiciary.
(b) The majority leader of the House and the minority leader of the
House shall be ex officio members of the select committee, but shall
have no vote in the committee and shall not be counted for purposes of
determining a quorum.
(c) No Member of the House may serve on the select committee for more
than six years of continuous service. To the greatest extent
practicable, at least four of the Members of the House appointed to the
select committee at the beginning of each Congress shall be Members of
the House who did not serve on such committee during the preceding
Congress.
2. (a) There shall be referred to the select committee all proposed
legislation, messages, petitions, memorials, and other matters relating
to the following:
(1) The Central Intelligence Agency and the Director of Central
Intelligence.
(2) Intelligence and intelligence-related activities of all other
departments and agencies of the Government, including, but not limited
to, the intelligence and intelligence-related activities of the
Defense Intelligence Agency, the National Security Agency, and other
agencies of the Department of Defense; the Department of State; the
Department of Justice; and the Department of the Treasury.
(3) The organization or reorganization of any department or agency
of the Government to the extent that the organization or
reorganization relates to a function or activity involving
intelligence or intelligence-related activities.
(4) Authorizations for appropriations, both direct and indirect, for
the following:
[[Page 2548]]
(A) The Central Intelligence Agency and Director of Central
Intelligence.
(B) The Defense Intelligence Agency.
(C) The National Security Agency.
(D) The intelligence and intelligence-related activities of other
agencies and subdivisions of the Department of Defense.
(E) The intelligence and intelligence-related activities of the
Department of State.
(F) The intelligence and intelligence-related activities of the
Federal Bureau of Investigation, including all activities of the
Intelligence Division.
(G) Any department, agency, or subdivision which is the successor
to any agency named in subdivision (A), (B), or (C); and the
activities of any department, agency, or subdivision which is the
successor to any department, agency, bureau, or subdivision named in
subdivision (D), (E), or (F), to the extent that the activities of
such successor department, agency, or subdivision are activities
described in subdivision (D), (E), or (F).
(b) Any proposed legislation initially reported by the select
committee, except any legislation involving matters specified in
subparagraph (1) or (4)(A) of paragraph (a), containing any matter
otherwise within the jurisdiction of any standing committee shall, at
the request of the chairman of such standing committee, be referred to
such standing committee by the Speaker for its consideration of such
matter and be reported to the House by such standing committee within
the time prescribed by the Speaker in the referral; and any proposed
legislation initially reported by any committee, other than the select
committee, which contains any matter within the jurisdiction of the
select committee shall, at the request of the chairman of the select
committee, be referred by the Speaker to the select committee for its
consideration of such matter and be reported to the House within the
time prescribed by the Speaker in the referral.
(c) Nothing in this rule shall be construed as prohibiting or
otherwise restricting the authority of any other committee to study and
review any intelligence or intelligence-related activity to the extent
that such activity directly affects a matter otherwise within the
jurisdiction of such committee.
(d) Nothing in this rule shall be construed as amending, limiting, or
otherwise changing the authority of any standing committee of the House
to obtain full and prompt access to the product of the intelligence and
intelligence-related activities of any department or agency of the
Government relevant to a matter otherwise within the jurisdiction of
such committee.
3. (a) The select committee, for the purposes of accountability to the
House, shall make regular and periodic reports to the House on the
nature and extent of the intelligence and intelligence-related
activities of the various departments and agencies of the United States.
Such committee shall promptly call to the attention of the House or to
any other appropriate committee or committees of the House any matters
requiring the attention of the House or such other committee or
committees. In making such reports, the select committee shall proceed
in a manner consistent with clause 7 to protect national security.
(b) The select committee shall obtain an annual report from the
Director of the Central Intelligence Agency, the Secretary of Defense,
the Secretary of State, and the Director of the Federal Bureau of
Investigation. Such reports shall review the intelligence and
intelligence-related activities of the agency or department concerned
and the intelligence and intelligence-related activities of foreign
countries directed at the United States or its interest. An unclassified
version of each report may be made available to the public at the
discretion of the select committee. Nothing herein shall be construed as
requiring the public disclosure in such reports of the names of
individuals engaged in intelligence or intelligence-related activities
for the United States or the divulging of intelligence methods employed
or the sources of information on which such reports are based or the
amount of funds authorized to be appropriated for intelligence and
intelligence-related activities.
(c) On or before March 15 of each year, the select committee shall
submit to the Committee on the Budget of the House the views and
estimates described in section 301(c) of the Congressional Budget Act of
1974 regarding matters within the jurisdiction of the select committee.
4. To the extent not inconsistent with the provisions of this rule,
the provisions of clauses 1, 2, 3, and 5 (a), (b), (c), and (6) (a),
(b), (c) of rule XI shall apply to the select committee, except that,
notwithstanding the requirements of the first sentence of clause 2(g)(2)
of rule XI, a majority of those present, there being in attendance the
requisite number required under the rules of the select committee to be
present for the purpose of taking testimony or receiving evidence, may
vote to close a hearing whenever the majority determines that such
testimony or evidence would endanger the national security.
5. No employee of the select committee or any person engaged by
contract or otherwise to perform services for or at the request of such
committee shall be given access to any classified information by such
committee unless such employee or person has (1) agreed in writing and
under oath to be bound by the rules of the House (including the
jurisdiction of the Committee on Standards of Official Conduct and of
the select committee as to the security of such information during and
after the period of his employment or contractual agreement with such
committee); and (2) received an appropriate security clearance as
determined by such committee in consultation with the Director of
Central Intelligence. The type of security clearance to be required in
the case of any such employee or person shall, within the determination
of such committee in consultation with the Director of Central
Intelligence, be commensurate with the sensitivity of the classified
information to which such employee or person will be given access by
such committee.
6. The select committee shall formulate and carry out such rules and
procedures as it deems necessary to prevent the disclosure, without the
consent of the person or persons concerned, of information in the
possession of such committee which unduly infringes upon the privacy or
which violates the constitutional rights of such person or persons.
Nothing herein shall be construed to prevent such committee from
publicly disclosing any such information in any case in which such
committee determines that national interest in the disclosure of such
information clearly outweighs any infringement on the privacy of any
person or persons.
7. (a) The select committee may, subject to the provisions of this
clause, disclose publicly any information in the possession of such
committee after a determination by such committee that the public
interest would be served by such disclosure. Whenever committee action
is required to disclose any information under this clause, the committee
shall meet to vote on the matter within five days after any member of
the committee requests such a vote. No member of the select committee
shall disclose any information, the disclosure of which requires a
committee vote, prior to a vote by the committee on the question of the
disclosure of such information or after such vote except in accordance
with this clause.
(b)(1) In any case in which the select committee votes to disclose
publicly any information which has been classified under established
security procedures, which has been submitted to it by the executive
branch, and which the executive branch requests be kept secret, such
committee shall notify the President of such vote.
(2) The select committee may disclose publicly such information after
the expiration of a five-day period following the day on which notice of
such vote is transmitted to the President, unless, prior to the
expiration of such five-day period, the President, personally in
writing, notifies the committee that he objects to the disclosure of
such information, provides his reasons therefor, and certifies that the
threat to the national interest of the United States posed by such
disclosure is of such gravity that it outweighs any public interest in
the disclosure.
[[Page 2549]]
(3) If the President, personally, in writing, notifies the select
committee of his objections to the disclosure of such information as
provided in subparagraph (2), such committee may, by majority vote,
refer the question of this disclosure of such information with a
recommendation thereon to the House for consideration. The committee
shall not publicly disclose such information without leave of the House.
(4) Whenever the select committee votes to refer the question of
disclosure of any information to the House under subparagraph (3), the
chairman shall, not later than the first day on which the House is in
session following the day on which the vote occurs, report the matter to
the House for its consideration.
(5) If within four calendar days on which the House is in session,
after such recommendation is reported, no motion has been made by the
chairman of the select committee to consider, in closed session, the
matter reported under subparagraph (4), then such a motion will be
deemed privileged and may be made by any Member. The motion under this
subparagraph shall not be subject to debate or amendment. When made, it
shall be decided without intervening motion, except one motion to
adjourn.
(6) If the House adopts a motion to resolve into closed session, the
Speaker shall then be authorized to declare a recess subject to the call
of the Chair. At the expiration of such recess, the pending question, in
closed session, shall be, ``Shall the House approve the recommendation
of the select committee?''
(7) After not more than two hours of debate on the motion, such debate
to be equally divided and controlled by the chairman and ranking
minority member of the select committee, or their designees, the
previous question shall be considered as ordered and the House, without
intervening motion except one motion to adjourn, shall immediately vote
on the question, in open session but without divulging the information
with respect to which the vote is being taken. If the recommendation of
the select committee is not agreed to, the question shall be deemed
recommitted to the select committee for further recommendation.
(c)(1) No information in the possession of the select committee
relating to the lawful intelligence or intelligence-related activities
of any department or agency of the United States which has been
classified under established security procedures and which the select
committee, pursuant to paragraphs (a) or (b) of this clause, has
determined should not be disclosed shall be made available to any person
by a Member, officer, or employee of the House except as provided in
subparagraphs (2) and (3).
(2) The select committee shall, under such regulations as the
committee shall prescribe, make any information described in
subparagraph (1) available to any other committee or any other Member of
the House and permit any other Member of the House to attend any hearing
of the committee which is closed to the public. Whenever the select
committee makes such information available (other than to the Speaker),
the committee shall keep a written record showing, in the case of any
particular information, which committee or which Members of the House
received such information. No Member of the House who, and no committee
which, receives any information under this subparagraph, shall disclose
such information except in a closed session of the House.
(3) The select committee shall permit the Speaker to attend any
meeting of the committee and to have access to any information in the
possession of the committee.
(d) The Committee on Standards of Official Conduct shall investigate
any unauthorized disclosure of intelligence or intelligence-related
information by a Member, officer, or employee of the House in violation
of paragraph (c) and report to the House concerning any allegation which
it finds to be substantiated.
(e) Upon the request of any person who is subject to any such
investigation, the Committee on Standards of Official Conduct shall
release to such individual at the conclusion of its investigation a
summary of its investigation, together with its findings. If, at the
conclusion of its investigation, the Committee on Standards of Official
Conduct determines that there has been a significant breach of
confidentiality or unauthorized disclosure by a Member, officer, or
employee of the House, it shall report its findings to the House and
recommend appropriate action such as censure, removal from committee
membership, or expulsion from the House, in the case of a Member, or
removal from office or employment or punishment for contempt, in the
case of an officer or employee.
8. The select committee is authorized to permit any personal
representative of the President, designated by the President to serve as
a liaison to such committee, to attend any closed meeting of such
committee.
9. Subject to the rules of the House, no funds shall be appropriated
for any fiscal year, with the exception of a continuing bill or
resolution continuing appropriations, or amendment thereto, or
conference report thereon, to, or for use of, any department or agency
of the United States to carry out any of the following activities,
unless such funds shall have been previously authorized by a bill or
joint resolution passed by the House during the same or preceding fiscal
year to carry out such activity for such fiscal year:
(a) The activities of the Central Intelligence Agency and the
Director of Central Intelligence.
(b) The activities of the Defense Intelligence Agency.
(c) The activities of the National Security Agency.
(d) The intelligence and intelligence-related activities of other
agencies and subdivisions of the Department of Defense.
(e) The intelligence and intelligence-related activities of the
Department of State.
(f) The intelligence and intelligence-related activities of the
Federal Bureau of Investigation, including all activities of the
Intelligence Division.
10. (a) As used in this rule, the term ``intelligence and
intelligence-related activities'' includes (1) the collection, analysis,
production, dissemination, or use of information which relates to any
foreign country, or any government, political group, party, military
force, movement, or other association in such foreign country, and which
relates to the defense, foreign policy, national security, or related
policies of the United States, and other activity which is in support of
such activities; (2) activities taken to counter similar activities
directed against the United States; (3) covert or clandestine activities
affecting the relations of the United States with any foreign
government, political group, party, military force, movement, or other
association; (4) the collection, analysis, production, dissemination, or
use of information about activities of persons within the United States,
its territories and possessions, or nationals of the United States
abroad whose political and related activites pose, or may be considered
by any department, agency, bureau, office, division, instrumentality, or
employee of the United States to pose, a threat to the internal security
of the United States, and covert or clandestine activities directed
against such persons.
(b) As used in this rule, the term ``department or agency'' includes
any organization, committee, council, establishment, or office within
the Federal Government.
(c) For purposes of this rule, reference to any department, agency,
bureau, or subdivision shall include a reference to any successor
department, agency, bureau, or subdivision to the extent that such
successor engages in intelligence or intelligence-related activities now
conducted by the department, agency, bureau, or subdivision referred to
in this rule.
11. Clause 6(a) of rule XXVIII does not apply to conference committee
meetings respecting legislation (or any part thereof) reported from the
Permanent Select Committee on Intelligence.
Rule XLIX
establishment of statutory limit on the public debt
1. Upon the adoption by the Congress (under section 301 or 304 of the
Congressional Budget Act of 1974) of any concurrent resolution on the
budget setting forth as the appropriate level of the public debt for the
period to which such concurrent resolution relates an
[[Page 2550]]
amount which is different from the amount of the statutory limit on the
public debt that would otherwise be in effect for such period, the
enrolling clerk of the House of Representatives shall prepare an
engrossment of a joint resolution, in the form prescribed in clause 2,
increasing or decreasing the statutory limit on the public debt. The
vote by which the conference report on the concurrent resolution on the
budget was agreed to in the House (or by which the concurrent resolution
itself was adopted in the House, if there is no conference report) shall
be deemed to have been a vote in favor of such joint resolution upon
final passage in the House of Representatives. Upon the engrossment of
such joint resolution it shall be deemed to have passed the House of
Representatives and been duly certified and examined; the engrossed copy
shall be signed by the Clerk and transmitted to the Senate for further
legislative action; and (upon final passage by both Houses) the joint
resolution shall be signed by the presiding officers of both Houses and
presented to the President for his signature (and otherwise treated for
all purposes) in the manner provided for bills and joint resolutions
generally.
2. The matter after the resolving clause in any joint resolution
described in clause 1 shall be as follows: ``That subsection (b) of
section 3101 of title 31, United States Code, is amended by striking out
the dollar limitation contained in such subsection and inserting in lieu
thereof `$ '.'', with the blank being filled in with a
limitation equal to the appropriate level of the public debt as set
forth, pursuant to section 301(a)(5) of the Congressional Budget Act of
1974, in the concurrent resolution on the budget (whether such
resolution was adopted under section 301, 304, or 310 of such Act). Only
one joint resolution shall be prepared under clause 1 upon the adoption
of any concurrent resolution on the budget; and, if the concurrent
resolution set forth a different appropriate level of the public debt
(pursuant to such section 301(a)(5)) for each of two separate periods,
the blank referred to in the preceding sentence shall be filled in with
both the limitation which is to apply for the later of the two periods
(specifying the date on which that limitation is to take effect) and the
limitation which is to apply for the earlier of such periods.
3. The report of the Committee on the Budget of the House of
Representatives accompanying any concurrent resolution on the budget
under section 301(d) of the Congressional Budget Act of 1974, as well as
the joint explanatory statement accompanying the conference report on
any concurrent resolution on the budget, shall contain a clear statement
of the effect under this rule that the adoption by both the House and
the Senate of such concurrent resolution in the form in which it is
being reported (and the adoption of the joint resolution thereupon
prepared and enrolled under clause 1) would have upon the statutory
limit on the public debt. It shall not be in order in the House of
Representatives at any time to consider or adopt any concurrent
resolution on the budget (or agree to any conference report thereon) if
at that time the report accompanying such concurrent resolution (or the
joint statement accompanying such conference report) does not comply
with the requirements of this clause.
4. Nothing in this rule shall be construed as limiting or otherwise
affecting the power of the House of Representatives or the Senate to
consider and pass a bill which (without regard to the procedures under
clause 1) changes the statutory limit on the public debt most recently
established under this rule or otherwise; and the rights of Members and
committees of the House with respect to the introduction, consideration,
and reporting of any such bill shall be determined as though this rule
had not been adopted.
5. As used in this rule, the term ``statutory limit on the public
debt'' means the maximum face amount of obligations issued under
authority of chapter 31 of title 31, United States Code and obligations
guaranteed as to principal and interest by the United States (except
such guaranteed obligations as may be held by the Secretary of the
Treasury), determined under section 3101(b) of title 31 after the
application of section 3101(a) of title 31 which may be outstanding at
any one time.
Rule L
procedure for response to subpoenas
1. When any Member, officer, or employee of the House of
Representatives is properly served with a subpoena or other judicial
order directing appearance as a witness relating to the official
functions of the House or for the production or disclosure of any
documents relating to the official functions of the House, such Member,
officer, or employee shall comply, consistently with the privileges and
rights of the House, with said subpoena or other judicial order as
hereinafter provided, unless otherwise determined pursuant to the
provisions of this rule.
2. Upon receipt of a properly served subpoena or other judicial order
directing appearance as a witness relating to the official functions of
the House or for the production or disclosure of any documents relating
to the official functions of the House, such Member, officer, or
employee shall promptly notify, in writing, the Speaker of its receipt
and such notification shall then be promptly laid before the House by
the Speaker, except that during a period of recess or adjournment of
longer than three days, no such notification to the House shall be
required. However, upon the reconvening of the House, such notification
shall then be promptly laid before the House by the Speaker.
3. Once notification has been laid before the House, the Member,
officer, or employee shall determine whether the issuance of the
subpoena or other judicial order is a proper exercise of the court's
jurisdiction, is material and relevant, and is consistent with the
privileges and rights of the House. The Member, officer, or employee
shall notify the Speaker prior to seeking judicial determination of
these matters.
4. Upon determination whether the subpoena or other judicial order is
a proper exercise of the court's jurisdiction, is material and relevant,
and is consistent with the privileges and rights of the House, the
Member, officer, or employee shall immediately notify, in writing, the
Speaker of such a determination.
5. The Speaker shall inform the House of the determination of whether
the subpoena or other judicial order is a proper exercise of the court's
jurisdiction, is material and relevant, and is consistent with the
privileges and rights of the House, and shall generally describe the
records or information sought, except that during any recess or
adjournment of the House for longer than three days, no such
notification is required. However, upon the reconvening of the House,
such notification shall then be promptly laid before the House by the
Speaker.
6. Upon such notification to the House that said subpoena is a proper
exercise of the court's jurisdiction, is material and relevant, and is
consistent with the privileges and rights of the House, the Member,
officer, or employee shall comply with such subpoena or other judicial
order by supplying certified copies, unless the House adopts a
resolution to the contrary; except that under no circumstances shall any
minutes or transcripts of executive sessions, or any evidence of
witnesses in respect thereto, be disclosed or copied. Should the House
be in recess or adjournment for longer than three days, the Speaker may
authorize compliance or take such other action as he deems appropriate
under the circumstances during the pendency of such recess or
adjournment. And upon the reconvening of the House, all matters having
transpired under this clause shall be laid promptly before the House by
the Speaker.
7. A copy of this rule shall be transmitted by the Clerk of the House
to any of said courts whenever any such subpoena or other judicial order
is issued and served on a Member, officer, or employee of the House.
8. Nothing in this rule shall be construed to deprive, condition or
waive the constitutional or legal rights applicable or available to any
Member, officer, or employee of the House, or of the House itself, or
the right of a Member or the House to assert such privilege or right
before any court in the United States, or the right of the House
thereafter to assert such privilege or immunity before any court in the
United States.
[[Page 2551]]
Rule LI
employment practices
1. The Committee on House Administration shall have authority to issue
rules and regulations applying the rights and protections of the Fair
Labor Standards Act in the House, including, but not limited to,
determination of exemption categories, permitting the use of
compensatory time as compensation under the maximum work week provisions
of the Act, describing the recordkeeping requirements and providing that
such recordkeeping provisions do not apply with respect to employees
exempted pursuant to the Committee's Rules and Regulations.
Nondiscrimination in Employment
2. (a) Personnel actions affecting employment positions in the House
of Representatives shall be made free from discrimination based on race,
color, national origin, religion, sex (including marital or parental
status), disability, or age.
(b)Interpretations under paragraph (a) shall reflect the principles of
current law, as generally applicable to employment.
(c) Paragraph (a) does not prohibit the taking into consideration of--
(1) the domicile of an individual with respect to a position under
the clerk-hire allowance; or
(2) the political affiliation of an individual with respect to a
position under the clerk-hire allowance or a position on the staff of
a committee or a position under all support offices, except as
otherwise stated in the Rules of the House of Representatives.
Procedure
3. The procedure for consideration of alleged violations of clause 2
consists of three steps as follows:
(a) step I, Counseling and Mediation, as set forth in clause 5;
(b) step II, Formal Complaint, Hearing, and Review by the Office of
Fair Employment Practices, as set forth in clause 6; and
(c) step III, Final Review by Review Panel, as set forth in clause
7.
Office of Fair Employment Practices
4. There is established an Office of Fair Employment Practices
(hereafter in this rule referred to as the ``Office''), which shall
carry out functions assigned under this rule. Employees and Hearing
Officers of the Office shall be appointed by, and serve at the pleasure
of, the Chairman and the ranking minority party member of the Committee
on House Administration, acting jointly, and shall be under the
administrative direction of the Clerk of the House of Representatives.
The Office shall be located in the District of Columbia.
Step I: Counseling and Mediation
5. (a) An individual aggrieved by an alleged violation of clause 2 may
request counseling by counselors in the Office, who shall provide
information with respect to rights and related matters under that
clause. A request for counseling shall be made not later than one
hundred and eighty days after the alleged violation and may be oral or
written, at the option of the individual. The period for counseling is
thirty days, unless the employee and the Office agree to reduce the time
period. The Office may not notify the employing authority of the
counseling before the beginning of mediation or the flling of a formal
complaint, whichever occurs first.
(b) If, after counseling, the individual desires to proceed, the
Office shall attempt to resolve the alleged violation through mediation
between the individual and the employing authority.
Step II: Formal Complaint, Hearing, and Review by the Office of Fair
Employment Practices
6. (a) Not later than thirty days after the end of the counseling
period, the individual may file a formal complaint with the Office. Not
later than ten days after filing the formal complaint, the individual
may file with the Office a written request for a hearing on the
complaint.
(b) The hearing shall be conducted--
(1) not later than forty days after filing of the written request
under paragraph (a);
(2) on the record by a Hearing Officer of the Office appointed under
the procedures set forth in clause 4; and
(3) to the greatest extent practicable, in accordance with the
principles and procedures set forth in sections 555 and 556 of title
5, United States Code.
(c) Not later than thirty days after the hearing, the Office shall
issue a written decision to the parties. The decision shall clearly
state the issues raised by the complaint, and shall contain a
determination as to whether a violation of clause 2 has occurred.
Step III: Final Review by Review Panel
7. (a) In General. Not later than twenty days after issuance of the
decision under clause 6, any party may seek formal review of the
decision by filing a written request with the Office. The formal review
shall be conducted by a panel constituted at the beginning of each
Congress and composed of--
(1) two elected officers or employees of the House of
Representatives, appointed by the Speaker;
(2) two employees of the House of Representatives appointed by the
minority leader of the House of Representatives;
(3) two members of the Committee on House Administration (one of
whom shall be appointed as chairman of the panel), appointed by the
Chairman of that Committee; and
(4) two members of the Committee on House Administration, appointed
by the ranking minority party member of that Committee.
If any member of the panel withdraws from a particular review, the
appointing authority for such member shall appoint another officer,
employee, or Member of the House of Representatives, as the case may be,
to be a temporary member of the panel for purposes of that review only.
(b) The review under this clause shall consist of a hearing (conducted
in the manner described in clause 6(b)(3)), if such hearing is
considered necessary by the panel, and an examination of the record,
together with any statements or other documents the panel deems
appropriate. A tie vote by the panel is an affirmation of the decision
of the Office. The panel shall complete the review and submit a written
decision to the parties and to the Committee on House Administration not
later than sixty days after filing of the request under paragraph (a),
except that when the House has adjourned sine die, in which case an
extension of up to sixty additional days is authorized.
Resolution by Agreement
8. If, after a formal complaint is filed under clause 6, the parties
resolve the issues involved, the parties shall enter into a written
agreement, which shall be effective--
(1) in the case of a matter under review by the Office under clause
6, if approved by the Office; and
(2) in the case of a matter under review by a panel under clause 7,
if approved by the panel.
Remedies
9. The Office or a review panel, as the case may be, may order one or
more of the following remedies:
(a) monetary compensation, to be paid from the clerk-hire allowance
of a Member, or from personnel finds of a committee of the House or
other entity, as appropriate;
(b) monetary compensation, to be paid from the contingent fund of
the House of Representatives;
(c) injunctive relief;
(d) costs and attorney fees; and
(e) employment, reinstatement to employment, or promotion (with or
without back pay).
Costs of Attending Hearings
10. An individual with respect to whom a hearing is held under this
rule shall be reimbursed for actual and reasonable costs of attending
the hearing, if the individual resides outside the location of the
hearing. Witnesses required to attend the hearings by the Hearing
Officer as necessary to a fair and justiciable hearing shall be
reimbursed for actual and reasonable costs of attending the hearing if
they reside outside the location of the hearing. Expenses are to he paid
from the contingent fund of the House of Representatives.
Prohibition of Intimidation
11. Any intimidation of, or reprisal against, any person by an
employing authority because of the exercise of a right under this rule
is a violation of clause 2.
[[Page 2552]]
Closed Hearings and Confidentiality
12. All hearings under this rule shall be closed. All information
relating to any procedure under this rule is confidential, except that a
decision of the Office under clause 6 or a decision of a review panel
under clause 7 shall be published, if the decision constitutes a final
disposition of the matter.
Exclusivity of Procedures and Remedies
13. The procedures and remedies under this rule are exclusive except
to the extent that the Rules of the House of Representatives and the
Rules of the House Committee on Standards of Official Conduct provide
for additional procedures and remedies.
Requests for Witnesses and Information
14. The Office of Fair Employment Practices and the Fair Employment
Practices Review Panel may issue, and the addressees shall comply with,
written requests for the production of documents and the attendance of
witnesses, if such requests are necessary and relevant to the proper
examination of the issues.
Internal Procedures for Resolution of Possible Violations
15. It is the policy of the House of Representatives to encourage each
employing authority to establish internal procedures for examining and
resolving possible violations of this rule. To the greatest extent
practicable, the Office of Fair Employment Practices shall take such
action (consistent with the rights of the parties) as may be necessary
to encourage initial use of such procedures.
Definitions
16. As used in this rule--
(a) the term ``employment position'' means, with respect to the
House of Representatives, a position the pay for which is disbursed by
the Clerk of the House of Representatives, or other official
designated by the House of Representatives, and any employment
position in a legislative service organization or other entity that is
paid through funds derived from the clerk-hire allowance;
(b) the term ``employing authority'' means, the Member of the House
of Representatives or elected officer of the House of Representatives,
or the Director of the Congressional Budget Office, with the power to
appoint the employee;
(c) the term ``Member of the House of Representatives'' means a
Representative in, or a Delegate or Resident Commissioner to, the
Congress; and
(d) the term ``elected officer of the House of
Representatives''means an elected officer of the House of
Representatives (other than the Speaker and the Chaplain).
Rule LII
application of certain laws
1. There is established an Office of Compliance which shall
have a Board of Directors consisting of 5 individuals
appointed jointly by the Speaker and the minority leader.
Appointments of the first 5 members of the Board of Directors
shall be completed not later than 120 days after the
beginning of the One Hundred Fourth Congress.
2. (a) The Office of Compliance shall carry out the duties
and functions set forth in sections 2 through 16 of House
Resolution 578, One Hundred Third Congress, including the
issuance of regulations, to implement the requirements of the
following laws to the House of Representatives:
(1) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.), effective at the beginning of the second session of
the One Hundred Fourth Congress.
(2) Title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.), effective at the beginning of the second
session of the One Hundred Fourth Congress.
(3) The Americans With Disabilities Act of 1990 (42 U.S.C.
12101 et seq.), effective at the beginning of the second
session of the One Hundred Fourth Congress.
(4) The Age Discrimination in Employment Act of 1967 (29
U.S.C. 621 et seq.) (including remedies available to private
employees), effective at the beginning of the second session
of the One Hundred Fourth Congress.
(5) Titles I and V of the Family and Medical Leave Act of
1993 (29 U.S.C. 2611 et seq.), effective at the beginning of
the second session of the One Hundred Fourth Congress.
(6) The Occupational Safety and Health Act of 1970 (other
than section 19) (29 U.S.C. 651 et seq.) (subject to
paragraph (c)), effective at the beginning of the One Hundred
Fifth Congress.
(7) Chapter 71 (relating to Federal labor management
relations) of title 5, United States Code, effective at the
beginning of the One Hundred Fifth Congress.
(8) The Employee Polygraph Protection Act of 1988 (29
U.S.C. 2001 et seq.), effective at the beginning of the
second session of the One Hundred Fourth Congress, except
that this Act shall not apply to the United States Capitol
Police.
(9) The Worker Adjustment and Retraining Notification Act
(29 U.S.C. 2101 et seq.), effective at the beginning of the
second session of the One Hundred Fourth Congress.
(10) The Rehabilitation Act of 1973 (29 U.S.C. 791),
effective at the beginning of the second session of the One
Hundred Fourth Congress.
(b) Any provision of Federal law shall, to the extent that
it relates to the terms and conditions of employment
(including hiring, promotion or demotion, salary and wages,
overtime compensation, benefits, work assignments or
reassignments, termination, protection from discrimination in
personnel actions, health and safety of employees, and family
and medical leave) of employees apply to the House in
accordance with this rule.
(c) The House shall comply with the Occupational Safety and
Health Act of 1970 as follows: If a citation of a violation
of such Act is received, action to abate the violation shall
take place as soon as possible, but no later than the fiscal
year following the fiscal year in which the citation is
issued, subject to the availability of funds appropriated for
that purpose after the receipt of the citation.
3. (a)(1) The Chairperson of the Board of Directors of the
Office shall appoint, may establish the compensation of, and
may terminate, subject to the approval of the Board of
Directors, an Executive Director (referred to in this rule as
the `executive director'). The compensation of the executive
director may not exceed the compensation for level V of the
Executive Schedule under section 5316 of title 5, United
States Code. The executive director shall be an individual
with training or expertise in the application of the laws
referred to in clause 2. The appointment of the first
executive director shall be completed no later than 120 days
after the initial appointment of the Board of Directors.
(2) The executive director may not be an individual who
holds or may have held the position of Member of the House of
Representatives or Senator. The executive director may not be
an individual who holds the position of employee of the House
or the Senate but the executive director may be an individual
who held such a position at least 4 years before appointment
as executive director. The term of office of the executive
director shall be a single term of 5 years.
(b)(1)(A) No individual who engages in, or is otherwise
employed in, lobbying of the Congress and who is required
under the Federal Regulation of Lobbying Act to register with
the Secretary of the Senate or the Clerk shall be considered
eligible for appointment to, or service on, the Board of
Directors.
(B) No member of the Board of Directors may hold or may
have held the position of Member of the House of
Representatives or Senator, may hold the position of employee
of the House or Senate, or may have held such a position
within 4 years of the date of appointment.
(2) If during a term of office a member of the Board of
Directors engages in an activity described in subparagraph
(1)(A), such position shall be declared vacant and a
successor shall be selected in accordance with paragraph
(a)(1).
(3) A vacancy in the Board of Directors shall be filled in
the manner in which the original appointment was made.
(c)(1) Except as provided in subparagraph (2), membership
on the Board of Directors shall be for 5 years. A mem-
[[Page 2553]]
ber shall only be eligible for appointment for a single term
of office.
(2) Of the members first appointed to the Board of
Directors--
(A) 1 shall have a term of office of 3 years,
(B) 2 shall have a term of office of 4 years, and
(C) 2 shall have a term of office of 5 years,
as designated at the time of appointment by the persons
specified in paragraph (a)(1).
(3) Any member of the Board of Directors may be removed
from office by a majority decision of the appointing
authorities described in paragraph (a)(1) and only for--
(A) disability that substantially prevents the member from
carrying out the duties of the member,
(B) incompetence,
(C) neglect of duty,
(D) malfeasance, or
(E) a felony or conduct involving moral turpitude.
(d) The Chairperson of the Board of Directors shall be
appointed from the members of the Board of Directors by the
members of the Board.
�MDNM� [The duties and functions of the Office of Compliance, as set
forth in sections 2 through 16 of House Resolution 578 of the
103d Congress, as incorporated by reference in clause 2(a) of
rule LII, are as follows:]
SEC. 2. DEFINITIONS.
As used in sections 2 through 16:
(1) The term ``employee of the House'' means any individual
(other than a Member) whose pay is disbursed by the Director
of Non-legislative and Financial Services or any individual
to whom supervision and all other employee-related matters
were transferred to the Sergeant at Arms pursuant to
direction of the Committee on Appropriations in House Report
103-517 of the One Hundred Third Congress, and such term
includes an applicant for the position of employee and a
former employee.
(2) The term ``employing authority'' means, with respect to
an employee, the Member of the House of Representatives or
elected officer of the House of Representatives, or the
Director of the Congressional Budget Office, with the power
to appoint the employee.
(3) The term ``Member of the House of Representatives''
means a Representative in, or a Delegate or Resident
Commissioner to, the Congress.
(4) The term ``elected officer of the House of
Representatives'' means an elected officer of the House of
Representatives (other than the Speaker and the Chaplain).
(5) The term ``Office'' refers to the Office of Compliance
established by rule LII of the Rules of the House of
Representatives.
SEC. 3. APPLICATION OF LAWS.
(a) The laws set forth in clause 2 of rule LII of the Rules
of the House of Representatives shall apply, as prescribed by
that rule, to the House of Representatives.
(b) The laws referred to in rule LI of the Rules of the
House of Representatives which apply on December 31, 1994, to
House employees shall continue to apply to such employees
until the effective date such laws are made applicable in
accordance with this resolution.
SEC. 4. ADMINISTRATIVE MATTERS RELATING TO THE OFFICE OF
COMPLIANCE.
(a)(1) Each member of the Board of Directors shall be
compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level V of the
Executive Schedule under section 5316 of title 5, United
States Code, for each day (including travel time) during
which such member is engaged in the performance of the duties
of the Board.
(2) Each member of the Board of Directors shall receive
travel expenses, including per diem in lieu of subsistence,
at rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code,
for each day the member is engaged in the performance of
duties away from the home or regular place of business of the
member.
(b) The executive director may appoint and fix the
compensation of such staff, including hearing officers, as
are necessary to carry out this resolution.
(c) The executive director may, with the prior consent of
the Government department or agency concerned, use the
services of any such department or agency, including the
services of members or personnel of the General Accounting
Office Personnel Appeals Board.
(d) The executive director may procure the temporary (not
to exceed 1 year) or intermittent services of individual
consultants or organizations thereof.
SEC. 5. STUDY AND REGULATIONS.
(a) The Board of Directors shall conduct a study of the
manner in which the laws referred to in clause 2(a) of rule
LII of the Rules of the House of Representatives should apply
to the House of Representatives. The Board of Directors shall
complete such study and report the results to House of
Representatives not later than 180 days after the date of the
first appointment of the first executive director.
(b) On an ongoing basis the Board of Directors--
(1) shall determine which of the laws referred to in clause
2(b) of rule LII of the Rules of the House of Representatives
should apply to the House of Representatives and if it
should, the manner in which it should be made applicable;
(2) shall study the application to the House of provisions
of Federal law referred to in paragraphs (a) and (b) of
clause 2 of rule LII of the Rules of the House of
Representatives that are enacted after the date of adoption
of this resolution;
(3) may propose regulations with respect to such
application in accordance with subsection (c); and
(4) may review the regulations in effect under subsection
(e)(1) and make such amendments as may be appropriate in
accordance with subsection (c).
(c)(1)(A) Not later than 180 days after the date of the
completion of the study under subsection (a), the Board of
Directors shall, in accordance with section 553 of title 5,
United States Code, propose regulations to implement the
requirements of the laws referred to in clause 2(a) of rule
LII of the Rules of the House of Representatives. The Board
of Directors shall provide a period of at least 30 days for
comment on the proposed regulations.
(B) In addition to publishing a general notice of proposed
rulemaking under section 553(b) of title 5, United States
Code, the Board of Directors shall concurrently submit such
notice for publication in the Congressional Record.
(C) When proposing regulations under subparagraph (A) to
implement the requirements of a law referred to in clause
2(a) of rule LII of the Rules of the House of
Representatives, the Board of Directors shall recommend to
the House of Representatives changes in or repeals of
existing law to accommodate the application of such law to
the House.
(D) The Board of Directors shall, in accordance with such
section 553, issue final regulations not later than 60 days
after the end of the comment period on the proposed
regulations.
(2)(A) Not later than 180 days after the date of the
completion of the study or a determination under subsection
(b), the Board of Directors shall, in accordance with section
553 of title 5, United States Code, propose regulations that
specify which of the provisions of Federal law considered in
such study shall apply to the House of Representatives. The
Board of Directors shall provide a period of at least 30 days
for comment on the proposed regulations.
(B) In addition to publishing a general notice of proposed
rulemaking under section 553(b) of title 5, United States
Code, the Board of Directors shall concurrently submit such
notice for publication in the Congressional Record.
(C) When proposing regulations under subparagraph (A)
specifying which of the provisions of Federal law referred to
in clause 2(b) of rule LII of the Rules of the House of
Representatives shall apply to the House of Representatives,
the Board of Directors shall recommend to the House of
Representatives changes in or repeals of existing law to
accommodate the application of such law to the House.
(D) The Board of Directors shall, in accordance with such
section 553, issue final regulations not later than 60 days
after the end of the comment period on the proposed
regulations.
[[Page 2554]]
(3) Regulations under paragraphs (1) and (2) shall be
consistent with the regulations issued by an agency of the
executive branch of the Federal Government under the
provision of law made applicable to the House of
Representatives, including portions relating to remedies.
(4) If a regulation is disapproved by a resolution
considered under subsection (e), not later than 60 days after
the date of the disapproval, the Board of Directors shall
propose a new regulation to replace the regulation
disapproved. The action of the Board of Directors under this
paragraph shall be in accordance with the applicable
requirements of this subsection.
(d) A final regulation issued under subsection (c) shall be
transmitted to the House of Representatives for consideration
under paragraph (e).
(e)(1) Subject to subsection (f), a final regulation which
is issued under subsection (c) shall take effect upon the
expiration of 60 days from the date the final regulation is
issued unless disapproved by the House of Representatives by
resolution.
(2) A resolution referred to in paragraph (1) may be
introduced in the House of Representatives within 5
legislative days after the date on which the Board of
Directors issues the final regulation to which the resolution
applies. The matter after the resolving clause of the
resolution shall be as follows: ``That the House of
Representatives disapproves the issuance of final regulations
of the Office of Compliance as issued on ____________ (the
blank space being appropriately filled in).''.
(3) A resolution referred to in paragraph (1) shall be
referred to the appropriate committee. If no resolution is
reported within 15 legislative days after the Board of
Directors issues final regulations under subsection (c)(1)(D)
or (c)(2)(D), the committee to which the resolution was
referred shall be discharged from further consideration of
the first such resolution introduced and the resolution shall
be placed on the appropriate calendar. Any meeting of a
committee on a resolution shall be open to the public. Within
5 legislative days after the resolution is reported or
discharged, it shall be in order as a privileged matter to
move to proceed to its consideration and such motion shall
not be debatable. The resolution shall be debatable for not
to exceed 4 hours equally divided between proponents and
opponents and it shall not be subject to amendment.
(f) Any meeting of the Board of Directors held in
connection with a study under subsection (a) or (b) shall be
open to the public. Any meeting of the Board of Directors in
connection with a regulation under subsection (c) shall be
open to the public.
SEC. 6. OTHER FUNCTIONS.
(a) The executive director shall adopt rules governing the
procedures of the Office, subject to the approval of the
Board of Directors, including the procedures of hearing
boards, which shall be submitted for publication in the
Congressional Record. The rules may be amended in the same
manner. The executive director may consult with the Chairman
of the Administrative Conference of the United States and the
General Counsel of the House of Representatives on the
adoption of rules.
(b) The executive director shall have authority to conduct
such investigations as the executive director requires to
implement sections 7 through 10.
(c) The Office shall--
(1) carry out a program of education for Members of the
House of Representatives and other employing authorities of
the House of Representatives respecting the laws made
applicable to them and a program to inform individuals of
their rights under laws applicable to the House of
Representatives and under sections 7 through 10,
(2) in carrying out the program under paragraph (1),
distribute the telephone number and address of the Office,
procedures for action under sections 7 through 10, and any
other information the executive director deems appropriate
for distribution, distribute such information to Members and
other employing authorities of the House in a manner suitable
for posting, provide such information to new employees of the
House, distribute such information to the residences of
employees of the House, and conduct seminars and other
activities designed to educate employers and employees in
such information,
(3) compile and publish statistics on the use of the Office
by employees of the House, including the number and type of
contacts made with the Office, on the reason for such
contacts, on the number of employees who initiated
proceedings with the Office under sections 7 through 10 and
the result of such proceedings, and on the number of
employees who filed a complaint under section 10, the basis
for the complaint, and the action taken on the complaint, and
(4) within 180 days of the initial appointment of the
executive director and in conjunction with the Clerk, develop
a system for the collection of demographic data respecting
the composition of employees of the House, including race,
sex, and wages, and a system for the collection of
information on employment practices, including family leave
and flexible work hours, in House offices.
(d) Within one year of the date the system referred to in
subsection (c)(4) is developed and annually thereafter, the
Board of Directors shall submit to the House of
Representatives a report on the information collected under
such system. Each report after the first report shall contain
a comparison and evaluation of data contained in the previous
report.
SEC. 7. PROCEDURE FOR CONSIDERATION OF ALLEGED VIOLATIONS.
The procedure for consideration of alleged violations of
laws made applicable to the House of Representatives under
this rule consists of 3 steps as follows:
(1) Step I, counseling, as set forth in section 8.
(2) Step II, mediation, as set forth in section 9.
(3) Step III, formal complaint and hearing by a hearing
board, as set forth in section 10.
SEC. 8. STEP I: COUNSELING.
(a) An employee of the House alleging a violation of a law
made applicable to the House of Representatives under rule
LII of the Rules of the House of Representatives may request
counseling through the Office. The Office shall provide the
employee with all relevant information with respect to the
rights of the employee. A request for counseling shall be
made not later than 180 days after the alleged violation
forming the basis of the request for counseling occurred.
(b) The period for counseling shall be 30 days unless the
employee and the Office agree to reduce the period. The
period shall begin on the date the request for counseling is
received.
SEC. 9. STEP II: MEDIATION.
(a) Not later than 15 days after the end of the counseling
period under section 8, the employee who alleged a violation
of a law made applicable to the House of Representatives
under rule LII of the Rules of the House of Representatives
may file a request for mediation with the Office. Mediation--
(1) may include the Office, the employee, the employing
authority, and individuals who are recommended by
organizations composed primarily of individuals experienced
in adjudicating or arbitrating personnel matters, and
(2) shall be a process involving meetings with the parties
separately or jointly for the purpose of resolving the
dispute between the employee and the employing authority.
(b) The mediation period shall be 30 days beginning on the
date the request for mediation is received and may be
extended for an additional 30 days at the discretion of the
Office. The Office shall notify the employee and the head of
the employing authority when the mediation period has ended.
SEC. 10. STEP III: FORMAL COMPLAINT AND HEARING.
(a) Not later than 30 days after receipt by the employee of
the House of notice from the Office of the end of the
mediation period under section 9, the employee of the House
may file a formal complaint with the Office against the head
of the employing authority involved. No complaint may be
filed unless the employee has made a timely request for
counseling and has completed the procedures set forth in
sections 8 and 9.
(b) A board of 3 independent hearing officers (hereinafter
in this resolution
[[Page 2555]]
referred to as a ``hearing board''), who are not Members,
officers, or employees of the House, chosen by the executive
director (one of whom shall be designated by the executive
director as the presiding hearing officer) shall be assigned
to consider each complaint filed under subsection (a). The
executive director shall appoint hearing officers from
candidates who are recommended by the Federal Mediation and
Conciliation Service or the Administrative Conference of the
United States. A hearing board shall act by majority vote.
(c) Prior to a hearing under subsection (d), a hearing
board may dismiss any claim that it finds to be frivolous.
(d) A hearing shall be conducted--
(1) in closed session on the record by a hearing board; and
(2) no later than 30 days after filing of the complaint
under subsection (a), except that the Office may, for good
cause, extend up to an additional 60 days the time for
conducting a hearing.
(e) Reasonable prehearing discovery may be permitted at the
discretion of the hearing board.
(f)(1) A hearing board may authorize subpoenas, which shall
be issued by the presiding hearing officer on behalf of the
hearing board under the seal of the House of Representatives
for the attendance of witnesses at proceedings of the hearing
board and for the production of correspondence, books,
papers, documents, and other records. The attendance of
witnesses and the production of evidence may be required from
any place within the United States.
(2) If a person refuses to obey a subpoena issued under
paragraph (1), the hearing board may report the refusal to
the Committee on Rules which may take any action it deems
appropriate, which shall be authorized by the chairman and
ranking minority member acting jointly. Such action may
include--
(A) a referral to the Committee on Standards of Official
Conduct if the refusal is by a current Member of the House of
Representatives or officer or employee of the House of
Representatives, or
(B) a report to the House of Representatives of a
resolution to certify a contempt pursuant to sections 102 and
104 of the Joint Resolution of June 22, 1938 (2 U.S.C. 192,
194) if the failure is by someone other than a current Member
of the House of Representatives or officer or employee of the
House of Representatives.
(3) The subpoenas of the hearing board shall be served in
the manner provided for subpoenas issued by a United States
district court under the Federal Rules of Civil Procedure for
the United States district courts.
(4) All process of any court to which application is to be
made under paragraph (2) may be served in the judicial
district in which the person required to be served resides or
may be found.
(5) The hearing board is an agency of the United States for
the purpose of part V of title 18, United States Code
(relating to immunity of witnesses).
(g) As expeditiously as possible, but in no case more than
45 days after the conclusion of the hearing, the hearing
board shall make a decision in the matter for which the
hearing was held. The decision of the hearing board shall be
transmitted by the Office to the employee of the House and
the employing authority. The decision shall state the issues
raised by the complaint, describe the evidence in the record,
and contain a determination as to whether a violation of a
law made applicable to the House of Representatives under
this rule has occurred. Any decision of the hearing board
shall contain a written statement of the reasons for the
hearing board's decision. A final decision of the hearing
board shall be made available to the public by the Office.
(h) If the decision of the hearing board under subsection
(g) is that a violation of a law made applicable to the House
of Representatives under rule LII of the Rules of the House
of Representatives, it shall order the remedies under such
law as made applicable to the House of Representatives under
that rule, except that no Member of the House of
Representatives or any other head of an employing authority,
or agent of such a Member shall be personally liable for the
payment of compensation. The hearing board shall have no
authority to award punitive damages.
(i)(1) A House employee or an employing authority may
request the Board of Directors to review a decision of the
hearing board under subsection (g) (including a decision
after a remand under paragraph (2)(A)). Such a request shall
be made within 30 days of the date of the decision of the
hearing board. Review by the Board of Directors shall be
based on the record of the hearing board.
(2) The Board of Directors shall issue a decision not later
than 60 days after the date of the request under paragraph
(1). The decision of the Board of Directors may--
(A) remand to the hearing board the matter before the Board
of Directors for the purpose of supplementing the record or
for further consideration;
(B) reverse the decision of the hearing board and enter a
new decision and order in accordance with subsection (h); or
(C) direct that the decision and order of the hearing board
be considered as the final decision.
(j) There shall be established in the House of
Representatives a fund from which compensation (including
attorney's fees) may be paid in accordance with an order
under subsection (h) or (i). From the outset of any
proceeding in which compensation may be paid from a fund of
the House of Representatives, the General Counsel of the
House of Representatives may provide the respondent with
representation.
SEC. 11. RESOLUTION OF COMPLAINT.
If, after a formal complaint is filed under section 10, the
employee and the employing authority resolve the issues
involved, the employee may withdraw the complaint or the
parties may enter into a written agreement, subject to the
approval of the executive director.
SEC. 12. PROHIBITION OF INTIMIDATION.
Any intimidation of, or reprisal against, any employee of
the House by any Member, officer, or employee of the House of
Representatives because of the exercise of a right under this
resolution constitutes an unlawful employment practice, which
may be remedied in the same manner under this resolution as
is a violation of a law made applicable to the House of
Representatives under rule LII of the Rules of the House of
Representatives.
SEC. 13. CONFIDENTIALITY.
(a) All counseling shall be strictly confidential except
that the Office and the employee may agree to notify the head
of the employing authority of the allegations.
(b) All mediation shall be strictly confidential.
(c) Except as provided in subsection (d), the hearings and
deliberations of the hearing board shall be confidential.
(d) At the discretion of the executive director, the
executive director may provide to the Committee on Standards
of Official Conduct access to the records of the hearings and
decisions of the hearing boards, including all written and
oral testimony in the possession of the hearing boards,
concerning a decision under section 10(g). The executive
director shall not provide such access until the executive
director has consulted with the individual filing the
complaint at issue in the hearing, and until the hearing
board has issued the decision.
(e) The executive director shall coordinate the proceedings
with the Committee on Standards of Official Conduct to ensure
effectiveness, to avoid duplication, and to prevent
penalizing cooperation by respondents in their respective
proceedings.
SEC. 14. POLITICAL AFFILIATION AND PLACE OF RESIDENCE.
(a) It shall not be a violation of a law made applicable to
the House of Representatives under rule LII of the Rules of
the House of Representatives to consider the--
(1) party affiliation,
(2) domicile, or
(3) political compatibility with the employing authority,
of an employee of the House with respect to employment
decisions.
(b) For purposes of subsection (a), the term ``employee''
means--
(1) an employee on the staff of the House of
Representatives leadership,
(2) an employee on the staff of a committee or
subcommittee,
(3) an employee on the staff of a Member of the House of
Representatives,
[[Page 2556]]
(4) an officer or employee of the House of Representatives
elected by the House of Representatives or appointed by a
Member of the House of Representatives, other than those
described in paragraphs (1) through (3), or
(5) an applicant for a position that is to be occupied by
an individual described in paragraphs (1) through (4).
SEC. 15. EXCLUSIVITY OF PROCEDURES AND REMEDIES.
The procedures and remedies under rule LII of the Rules of
the House of Representatives are exclusive except to the
extent that the Rules of the House of Representatives and the
rules of the Committee on Standards of Official Conduct
provide for additional procedures and remedies.
SEC. 16. STUDY.
(a) The Office shall conduct a study--
(1) of the ways that access by the public to information
held by the House of Representatives may be improved and
streamlined, and of the application of section 552 of title
5, United States Code to the House of Representatives; and
(2) of the application of the requirement of section 552a
of title 5, United States Code, to the House of
Representatives.
(b) The study conducted under subsection (a) shall
examine--
(1) information that is currently made available under such
section 552 by Federal agencies and not by the House of
Representatives;
(2) information held by the nonlegislative offices of the
House of Representatives, including--
(A) the Director of Non-legislative and Financial Services,
(B) the Clerk,
(C) the Inspector General,
(D) the Sergeant at Arms,
(E) the Doorkeeper,
(F) the United States Capitol Police, and
(G) the House Commission on Congressional Mailing
Standards;
(3) financial expenditure information of the House of
Representatives; and
(4) provisions for judicial review of denial of access to
information held by the House of Representatives.
(c) The Office shall conduct the study prescribed by
subsection (a) and report the results of the study to the
House of Representatives not later than one year after the
date of the initial appointment of the Board of Directors.
�MDNM� [Section 17 of House Resolution 578 of the 103d Congress made
rule LII effective November 1, 1994, provided for rule LII
to supplant rule LI with the convening of the second session
of the 104th Congress, and provided certain transitional
provisions as follows:]
SEC. 17. EFFECTIVE DATE AND TRANSITION RULES.
(a) The amendments made by section 1 shall take effect on
November 1, 1994.
(b) Effective at the beginning of the second session of the
One Hundred Fourth Congress, rule LI of the Rules of the
House of Representatives is repealed and rule LII of such
Rules is redesignated as rule LI and all references to rule
LII in sections 2 through 16 of this resolution are deemed to
be references to rule LI of such Rules.
(c) Notwithstanding subsection (b), until the beginning of
the second session of the One Hundred Fourth Congress, the
functions under rule LI of the Rules of the House of
Representatives that are the responsibility of the Office of
Fair Employment Practices shall continue to be the
responsibility of that Office.
(d) Any formal complaint filed under rule LI of the Rules
of the House of Representatives before the close of the first
session of the One Hundred Fourth Congress which has not been
finally disposed of shall be transferred to the Office of
Compliance for completion of all pending proceedings relating
to that complaint. The Office of Compliance may make
regulations to provide for the orderly transfer and
disposition of such complaints.
(e) In appointing staff under section 4(b), the executive
director should give full consideration to employees of the
Office of Fair Employment Practices.
(f) Sections 1 through 16 and subsections (a) through (e)
of this section shall have no force or effect upon the
enactment by the One Hundred Third Congress of the
Congressional Accountability Act, whether by enactment of the
bill H.R. 4822, by incorporation of the text of that bill in
another measure, or otherwise.
[[Page 2557]]
.
TABLE OF INDEXES
------------
Page
QUESTIONS OF ORDER.........................................
2559
HISTORY OF BILLS AND RESOLUTIONS...........................
2569
INDEX SUBJECTS.............................................
2696
INDEX......................................................
2697
APPENDIX TO INDEX..........................................
2839
.
QUESTIONS OF ORDER
[[Page 2559]]
QUESTIONS OF ORDER
DECIDED IN THE HOUSE OF REPRESENTATIVES AT THE SECOND SESSION OF THE ONE
HUNDRED THIRD CONGRESS
hon. thomas s. foley, of washington, speaker;
donnald k. anderson, of california, clerk
privileges of the house
(Para. 16.10)
a resolution reciting the request of a united states attorney that the
house defer an inquiry into the operation of its former post office
lest it compromise an ongoing criminal investigation, and resolving
that the committee on standards of official conduct defer any
investigation until assured that it would not interfere with the
criminal investigation, gives rise to a question of privileges of the
house under rule ix.
On March 2, 1994, Mr. GEPHARDT rose to a question of the privileges
of the House and submitted the following resolution (H. Res. 375):
Whereas the House is on notice pursuant to Rule IX that it
may soon consider a proposal to direct the Committee on
Standards of Official Conduct to investigate the former
operations of the House Post Office;
Whereas matters relating to the former operations of the
House Post Office are the subject of an ongoing criminal
investigation by the United States Attorney of the District
of Columbia;
Whereas pursuant to its rules, the Committee on Standards
of Official Conduct traditionally defers inquiry with respect
to a matter that is the subject of an ongoing investigation
by an appropriate law enforcement or regulatory authority;
Whereas the Committee on Standards of Official Conduct has
on several occasions agreed to defer inquiry with respect to
the former operations of the House Post Office, and has
deferred inquiry in other matters regarding current Members
where investigations by other authorities are proceeding;
Whereas by letters of November 25, 1992, September 9, 1993,
and October 26, 1993, then Assistant Attorney General Lee
Rawls, then United States Attorney J. Ramsey Johnson, and
current United States Attorney Eric Holder, respectively,
requested that the Committee on Standards of Official Conduct
defer any inquiry into the former operations of the House
Post Office and related matters;
Whereas on February 23, 1994, the United States Attorney of
the District of Columbia delivered the following letter to
the Speaker and the Republican Leader:
Department of Justice,
Washington, DC, February 23, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representaties, Washington, DC.
Hon. Robert H. Michel,
Minority Leader, House of Representatives, Washington, DC.
Dear Mr. Speaker and Congressman Michel: I am writing to
express my concern that certain actions reportedly being
considered by the House of Representatives could
significantly damage a criminal investigation being actively
pursued by this Office. Like my two immediate predecessors as
United States Attorney for this District, Jay B. Stephens and
J. Ramsey Johnson, I urge the House to refrain from such
actions, and to affirm the paramount public interest in
permitting the grand jury to determine fairly whether the
criminal laws have been violated, whether by Members of
Congress or others. My request is all the more urgent now, as
this important investigation is in its final stages and will
be concluded in the near future.
As you know, the United States Attorney's Office, in
conjunction with a federal grand jury, has been conducting a
criminal investigation of matters that related originally to
the operation of the House Post Office. That original phase
of the investigation, which has resulted in the criminal
convictions of seven former employees of the House Post
Office and one former congressional aide, reached its most
significant point so far in July 1993, with the guilty plea
of former House Postmaster Robert V. Rota. With the
cooperation of Mr. Rota, the investigation turned to
allegations of criminal conduct by other individuals,
specifically Members of Congress who conducted certain
financial transactions through the House Post Office. This
aspect of the investigation is continuing.
As you also are aware (because of disclosures mandated by
House Rule 50) in the last few months the grand jury's
investigation has expanded to include additional allegations
of criminal misconduct beyond those tied to the House Post
Office, including matters involving the House Finance Office
and the House Office Supply Service (known as the House
Stationery Store). These relatively recent additional
developments are now fully within the purview of the grand
jury's criminal investigation.
It is my understanding, however, that despite the existence
of this active and important criminal investigation, the
House may soon be asked to vote on House Resolution 238. This
resolution would specifically direct the Committee on
Standards of Official Conduct to investigate whether Members
of Congress received cash from the House Post Office.
Inquiry into these matters by a committee of the House
would pose a severe risk to the integrity of the criminal
investigation. Inevitably, any such inquiry would overlap
substantially with the grand jury's activities. Among other
concerns, the House certainly would seek to interview the
same witnesses or subjects who are central to the criminal
investigation. Such interviews could jeopardize the criminal
probe in several respects, including the dangers of
congressional immunity, of Speech-or-Debate issues, and of
unwarranted public disclosure of matters at the core of the
criminal investigation. This inherent conflict would be
greatly magnified by the fact that the House would be
investigating matters that are criminal in nature, and would
be covering essentially the same ground as the grand jury.
This Office had occasion to voice similar concerns during the
operations-and-management review of the House Post Office
that was conducted by a task force of the Committee on House
Administration; yet that review as far more limited in scope,
and far easier to separate from the criminal probe, than the
investigation required by House Resolution 238.
These threats to the grand jury investigation would not be
lessened by the portion of the resolution that would permit
the Committee to defer its inquiry as to any particular
Member, if the Department of Justice stated in writing that
that Member was being investigated. Wholly apart from the
legal issues involved in the Justice Department's identifying
individuals who are under criminal investigation, the idea of
excluding the conduct of one or more identified individuals
from the congressional inquiry does almost nothing to protect
the integrity of the overall criminal investigation. That
investigation encompasses the interrelated conduct of
numerous persons, and cannot be divided and compartmentalized
in such a manner.
I and my predecessors have acknowledged the importance to
the House of its ability to review and police the internal
operations, management, and procedures of congressional
institutions. In particular, we are sensitive to the special
responsibility of the Committee on Standards of Official
Conduct to examine possible violations of House ethical
standards. Nevertheless, it is unquestionably the province of
the grand jury to investigate, without interference, specific
criminal allegations against particular individuals,
regardless of who they may be or to what institution of
government they may belong. Moreover, the vital public
interest in fair and effective law enforcement requires that
any such investigation be shielded vigorously from actions
that might endanger its integrity.
For these reasons, it has been the consistent position of
this Office, throughout the life of the investigation, that
the House should defer its own inquiries until the grand jury
investigation is completed. I make that request of you again
now, in the strongest possible terms. I ask the House of
Representatives to forbear from any proposed actions or
inquiries in the areas covered by the grand jury's ongoing
criminal investigation, both in order to avoid compromising
that investigation at this late stage, and in order to
further the public interest in preserving the fairness,
thoroughness, and confidentiality of the grand jury process.
Thank you for your attention to this important matter.
Eric H. Holder, Jr.,
U.S. Attorney.
Whereas, the House should exercise particular caution so as
not to impede, delay, or otherwise interfere with an ongoing
criminal investigation that may involve its own Members;
Therefore, be it
Resolved, That the House supports the decision of the
Committee on Standards of Official Conduct to defer inquiry
on matters relating to the former operation of the House Post
Office; and be it
Further resolved, That the Committee on Standards of
Official Conduct shall continue to consult with the United
States Attorney and continue to review its decision to defer
inquiry in this matter. At such time as the Committee
determines that a Committee inquiry would no longer interfere
with the criminal investigation, the Committee shall proceed,
pursuant to its rules, with such inquiry as it deems
appropriate.
[[Page 2560]]
The SPEAKER pro tempore, Mr. HOYER, ruled that the resolution
submitted did present a question of the privileges of the House under
rule XI, and recognized Mr. GEPHARDT and Mr. GRANDY, each for 30
minutes.
privileges of the house
(Para. 16.13)
a resolution alleging wrongdoing in the operation of the former house
post office, and resolving that the committee on standards of official
conduct conduct an inquiry into the matter gives rise to a question of
privileges of the house under rule ix.
On March 2, 1994, Mr. ISTOOK rose to a question of the privileges of
the House and, pursuant to the order of the House of February 23, 1994,
called up the following resolution (H. Res. 238); as amended:
Whereas, allegations reported in public and made in
official court documents that personnel of the House Post
Office provided illegal cash to certain members in three
ways: (1) cash instead of stamps for official vouchers, (2)
cash for postage stamps which, had earlier been purchased
with official vouchers, and (3) cash for campaign checks;
Whereas, these allegations directly affect the rights of
the House collectively, its safety, dignity, and the
integrity of its proceedings, and the rights, reputation, and
conduct of its Members:
Whereas, Article, I, Section V of the Constitution gives
each House of the Congress responsibility over disorderly
behavior of its Members:
Whereas, the Committee on Standards of Official Conduct has
jurisdiction over the conduct and behavior of current House
Members, Officers, and employees, including investigatory
authority, and is the appropriate body of this House to
conduct any inquiry: Now, therefore, be it
Resolved, That the Committee on Standards of Official
Conduct is instructed to investigate immediately all possible
violations that are related, but not limited to, the
documents received by the Committee on Standards of Official
Conduct from the Committee on House Administration, and the
allegations stated above.
Further resolved, The Committee on Standards of Official
Conduct shall coordinate its investigation with the related
efforts of the Department of Justice so as not to jeopardize
any ongoing criminal investigation.
Further resolved, That in pursuing its investigations, the
Committee on Standards of Official Conduct shall determine
Members, Officers or employees who have violated House rules,
practices and procedures in connection with the House Post
Office.
Further resolved, The Committee shall inform the Department
of Justine regarding the procedures and aspects the Committee
intends to investigate. If the Department of Justice then
responds that a specific matter the Committee intends to
investigate is material to, or subject of an official
investigation, the Committee may defer that inquiry pending
the conclusion of the investigation by the Department of
Justice.
Further resolved, That the Committee on Standards of
Official Conduct shall file a public status report within 60
days of the adoption of the resolution and periodically
thereafter.
The SPEAKER pro tempore, Mr. HOYER, ruled that the resolution
submitted did present a question of the privileges of the House under
rule IX, and recognized Mr. ISTOOK and Mr. GEPHARDT, each for 30
minutes.
point of personal privilege
(Para. 30.7)
a member rose to a question of personal privilege under rule ix on the
basis of news accounts that assertedly impugned his character and
motives by publishing quotations from a letter the member received from
the chairman of the committee on banking, finance and urban affairs.
On March 24, 1994, Mr. LEACH rose to a question of personal
privilege.
The SPEAKER pro tempore, Mrs. KENNELLY, pursuant to clause 1 of rule
IX, recognized Mr. LEACH for one hour.
Mr. LEACH made the following statement:
``Madam Speaker, I rise to a point of personal privilege of the
House.
``In rising to this point of privilege, I wish to express concern
about the breakdown of comity that has occurred on a personal and
procedural level in the House Banking Committee.
``On a personal level, unfortunate adjectives have been used; on a
procedural level, unprecedented tactics have been employed.
``I don't wish to dwell on the personal, except to stress my high
regard for the chairman of the Banking Committee and to suggest that,
as the theologian Reinhold Niebuhr once observed, the temper and
integrity of the political debate is more important in our kind of
democracy than the outcome of any issue.
``Motivational aspersions are no substitute for full disclosure;
indignation no substitute for pursuit of truth.
``Members of the majority may be speaking the truth when they
indicate they have no evidence of a link between the failure of an
Arkansas S&L and Whitewater and that they know of no improprieties at
issue. But it should be understood that not speaking an untruth is not
the same as describing a truthful situation, particularly if there has
been no serious effort to pursue the truth.
[The full remarks of Mr. Leach appear in the text of the Journal of
March 24, 1994, at Para. 30.7]
point of order
(Para. 40.7)
to a bill addressing united states claims against iraq before a united
nations commission by provisions within the jurisdiction of the
committee on foreign affairs (including a sense of congress concerning
the admission of iraqi refugees to the united states pending payment of
such claims), an amendment proposed in a motion to recommit
independently barring from admission to the united states as refugees
all former members of the iraqi armed forces (a provision within the
jurisdiction of the committee on the judiciary) is not germane.
On April 28, 1994, the bill (H.R. 3221) to provide for the
adjudication of certain claims against the Government of Iraq; was
ordered to be engrossed and read a third time, was read a third time by
title.
Mr. MANZULLO moved to recommit the bill to the Committee on Foreign
Affairs with instructions to report the bill back to the House
forthwith with the following amendment:
Strike section 10(a) and insert the following:
``(a) Notwithstanding any other provision of the law,
individuals who have served in the armed forces of Iraq
during the Persian Gulf conflict may not be admitted to the
United States as refugees under the Immigration and
Nationality Act.''.
Pending consideration of said motion to recommit with instructions,
point of order
(Para. 40.8)
Mr. HAMILTON made a point of order against the motion to recommit
with instructions, and said:
``Mr. Speaker, I object to the motion to recommit and make a point of
order against it.
``Mr. Speaker, I think the motion to recommit is not germane, because
as I understand it, and I have not had the opportunity to see it, but I
was trying to listen very carefully. As I understand it, it tries to
change the basic immigration law that is the law of the land. I
therefore think it should be subject to a point of order as not
germane.''.
Mr. GILMAN was recognized to speak to the point of order, and said:
``Mr. Speaker, I join with the distinguished chairman [Mr. Hamilton]
of the Committee in raising the issue that this is a nongermane
amendment.''.
Mr. MANZULLO was recognized to speak to the point of order, and said:
``Mr. Speaker, under these very exceptional circumstances as to this
rough language that was found in this bill as brought to the House by
the gentleman from Pennsylvania, I think it would be in the best order
and in the best interests of the American public to defeat this bill in
final passage and send it back to the full Committee on Foreign Affairs
to redo the language.''.
The SPEAKER pro tempore, Mr. KLECZKA, sustained the point of order,
and said:
``Does any other Member desire to be heard on the point of order?
``If not, the Chair is prepared to rule.
``The gentleman from Indiana [Mr. Hamilton] makes a point of order
that the amendment contained in the motion to recommit with
instructions is not germane. The test of germaneness in this situation
is to measure the amendment against the bill in its perfected form. The
bill, as amended, appears to confine changes in law to those within the
jurisdiction of the Committee on Foreign Affairs.
``While section 10 does express the sense of Congress relating to
Iraqi refugees, the bill does not change the Immigration and
Nationality Act, other laws relating to admission of refugees, or
contain other matter within the ju-
[[Page 2561]]
risdiction of the Committee on the Judiciary.
``Since the amendment would change immigration law and the bill would
not, the Chair sustains the point of order.''.
privileges of the house--return of senate bill
(Para. 80.6)
a resolution asserting that a senate-passed bill contains provisions
raising revenue in derogation of the constitutional prerogative of the
house to originate such bills gives rise to a question of the
privileges of the house under rule ix. the house returned to the senate
a senate-passed bill to regulate toxic substances that, by prohibiting
the import of products containing more than specified levels of lead,
would effect a change in tariff revenues.
On July 21, 1994, Mr. GIBBONS rose to a question of the privileges of
the House and submitted the following resolution (H. Res. 486):
Resolved, That the bill of the Senate (S. 729) to amend the
Toxic Substances Control Act to reduce the levels of lead in
the environment, and for other purposes, in the opinion of
this House, contravenes the first clause of the seventh
section of the first article of the Constitution of the
United States and is an infringement of the privileges of
this House and that such bill be respectfully returned to the
Senate with a message communicating this resolution.
The SPEAKER pro tempore, Mr. WISE, ruled that the resolution
submitted did present a question of the privileges of the House under
rule IX, and recognized Mr. GIBBONS and Mr. HANCOCK, each for 30
minutes.
privileges of the house--return of senate bill
(Para. 80.7)
a resolution asserting that a senate-passed bill contains provisions
raising revenue in derogation of the constitutional prerogative of the
house to originate such bills gives rise to a question of the
privileges of the house under rule ix. the house returned to the senate
a senate-passed bill (previously referred to committee) to improve
veterans' health programs would exempt from taxation certain payments
in respect of veterans.
On July 21, 1994, Mr. GIBBONS rose to a question of the privileges of
the House and submitted the following resolution (H. Res. 487):
Resolved, That the bill of the Senate (S. 1030) entitled
the ``Veterans Health Programs Improvement Act of 1994'', in
the opinion of this House, contravenes the first clause of
the seventh section of the first article of the Constitution
of the United States and is an infringement of the privileges
of this House and that such bill be respectfully returned to
the Senate with a message communicating this resolution.
The SPEAKER pro tempore, Mr. WISE, ruled that the resolution
submitted did present a question of the privileges of the House under
rule IX, and recognized Mr. GIBBONS and Mr. HANCOCK, each for 30
minutes.
words taken down
(Para. 86.4)
it is not a personality in debate to characterize as ``badgering'' a
colleague's questioning of a witness in a committee hearing.
a member's comportment may constitute a breach of decorum even though
the content of her speech is not, in itself, unparliamentary.
it is a breach of decorum for a member to ignore a gavel to order by
the chair.
On July 29, 1994, Ms. WATERS during one minute speeches addressed the
House and, during the course of her remarks,
Mr. SENSENBRENNER demanded that certain words be taken down.
The Clerk read the words taken down as follows:
He had to be gaveled out of order because he badgered a
woman who was a witness from the White House, Maggie
Williams. I am pleased I was able to come to her defense.
Madam Chairwoman, the day is over when men can badger and
intimidate women.
The SPEAKER said:
``While in the opinion of the Chair the word `badgering' is not in
itself unparliamentary, the Chair believes that the demeanor of the
gentlewoman from California [Ms. Waters] was not in good order in the
subsequent period immediately following those words having been uttered.
``Accordingly, the Chair rules that without leave of the House, the
gentlewoman of California may not proceed for the rest of today. The
Chair would ask whether there is objection to the gentlewoman from
California receiving the right to proceed in good order.''.
By unanimous consent, Ms. WATERS was permitted to proceed in order.
privileges of the house--return of senate bill
(Para. 96.15)
a resolution asserting that a senate amendment to a general
appropriation bill contains provisions raising revenue in derogation of
the constitutional prerogative of the house to originate such bills
gives rise to a question of the privileges of the house under rule ix.
the house returned to the senate a general appropriation bill with
sundry numbered senate amendments including one that, by proposing to
use particularized fda user fees to finance fda activities, generally,
would raise general revenue.
On August 12, 1994, Mr. GIBBONS rose to a question of the privileges
of the House and submitted the following resolution (H. Res. 518):
Resolved, That Senate amendment No. 83 to the bill H.R.
4554 making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies programs for the fiscal year ending September 30,
1995, and for other purposes, in the opinion of this House,
contravenes the first clause of the seventh section of the
first article of the Constitution of the United States and is
an infringement of the privileges of this house and that such
bill with the Senate amendments thereto be respectfully re-
turned to the Senate with a message communicating this
resolution.
The SPEAKER pro tempore, Ms. BROWN, ruled that the resolution
submitted did present a question of the privileges of the House under
rule IX, recognized Mr. GIBBONS and Mr. THOMAS of California, each for
30 minutes.
When said resolution was considered.
After debate,
On motion of Mr. GIBBONS, the previous question was ordered on the
resolution to its adoption or rejection, and under the operation
thereof, the resolution was agreed to.
A motion to reconsider the vote whereby the resolution was agreed to
was, by unanimous consent, laid on the table.
point of order
(Para. 106.20)
a motion to instruct managers on the part of the house to include in a
conference report a provision not committed to conference by either
house exceeds the scope of conference in violation of clause 3 of rule
xxviii.
On September 13, 1994, on motion of Mr. MURTHA, by unanimous consent,
the bill (H.R. 4650) making appropriations for the Department of
Defense for the fiscal year ending September 30, 1995, and for other
purposes; together with the amendments of the Senate thereto, was taken
from the Speaker's table, and the House disagreed to said amendments
and agreed to the conference asked by the Senate.
Mr. WALKER moved that the managers on the part of the House at the
conference on the disagreeing votes of the two Houses on H.R. 4650 be
instructed to agree to the following language:
No funds appropriated under this Act shall be used to
deploy United States Armed Forces to Haiti or otherwise
support United States Armed Forces in Haiti for purposes of
removing the de facto regime or for subsequent peace keeping
by United States Armed Forces without first obtaining the
prior approval of the Congress.
point of order
(Para. 106.22)
Mr. MURTHA made a point of order against said motion and said:
``Mr. Speaker, I make a point of order against the motion to instruct
conferees. The motion instructs conferees to include matter outside the
scope of the conferees' authority and is in violation of clause 3, rule
XXVIII.''.
Mr. WALKER was recognized to speak to the point of order and said:
``Mr. Speaker, I do wish to be heard on my motion and on the point of
order.
``Mr. Speaker, my dear friend, the gentleman from Pennsylvania [Mr.
Murtha], raises the point that the instruction that I have proposed
falls outside the scope of the legislation that we have before us.
``Mr. Speaker, the problem with the gentleman's point is the fact
that we
[[Page 2562]]
are about to engage, according to media reports and according to
announcements from the administration, in an action in Haiti. This is
not an action that was contemplated at the time the bills were being
drafted either in the House or the Senate.
``Moreover, the troops are being deployed at the present time to
Haiti under funds appropriated last year, none of which were for the
purpose of an invasion of Haiti. In my view, the only place that the
House has to legitimately address this issue is in the defense
appropriations bill where we can limit funding if we do not believe
that this particular action should be taken.
``This instruction, while it does not meet the strict interpretation
of scope, is certainly within the scope of the moneys that are going to
be utilized in the bill that is before us. There is no doubt that if
this invasion takes place, the moneys that are going to be appropriated
under this bill will be used in Haiti.
``This is an instruction assuring that the Congress has acted on this
issue and assuring that none of these funds will go forward and be used
by our Armed Forces in Haiti until there has been a prior approval by
the Congress for that action.
``So I think this is a necessary action to take and conferees would
then be authorized to place this language into the bills that come back
for final action in the House. I would hope that the Chair would rule
in favor of this as an entirely appropriate way for the House to engage
in the issue of Haiti and assure that the Members of this House have
had at least a vote on whether or not to engage in a combatant action
in the nation of Haiti.''.
The SPEAKER pro tempore, Mr. ANDREWS of Texas, sustained the point of
order and said:
``The Chair is prepared to rule.
``The motion offered by the gentleman includes matter not within the
scope of differences on any of the Senate amendments being sent to
conference. The motion is, therefore, out of order under clause 3 of
rule XXVIII.
``On page 715 of the Manual it is stated that a point of order may be
sustained against a motion to instruct House conferees to address a
matter beyond the scope of differences being committed to conference by
the 215 Senate amendments.
``The Chair sustains the point of order.''.
point of order
(Para. 116.15)
a motion to instruct managers on the part of the house to include in a
conference report provisions expanding certain defined classes beyond
those contained in the house bill or the senate amendment thereto
exceeds the scope of conference in violation of clause 3 of rule
xxviii.
On September 29, 1994, Mr. BRYANT, pursuant to House Resolution 550,
called up the conference report (Rept. No. 103-750) on the bill of the
Senate (S. 349) to provide for the disclosure of lobbying activities to
influence the Federal Government, and for other purposes.
When said conference report was considered.
After debate,
By unanimous consent, the previous question was ordered on the
conference report to its adoption or rejection.
Whereupon,
Mr. GEKAS moved to recommit the conference report on S. 349 to the
committee of conference with instructions for the managers on the part
of the House to carry out the following:
(1) In the proposed section 103--
(A) strike out paragraph (8),
(B) strike out the second sentence of paragraph (9)(A), and
(C) strike out subparagraph (B) of paragraph (9),
(2) Strike out paragraph (5) of section 104(b).
(3) Strike out paragraph (6) of section 105(b).
(4) In the proposed section 103(10)(B)(xviii), strike out
the material following subclause (II).
(5) In the proposed section 103, insert before the period
at the end of paragraph (12) the following: ``or a person who
spends more than $100,000 in a 6 month period to influence
decisionmaking in the executive and legislative branch.''.
(6) In the proposed section 106(c), strike paragraph (2).
(7) In the proposed Rule XXXV of the Standing Rules of the
Senate strike out subparagraphs (a) and (c) of paragraph 2
and in clause 4 of Rule XLIII of the Rules of the House of
Representatives strike out paragraphs (b) and (d) of clause
4.
(8) In title I redesignate sections 112 through 121 as
sections 113 through 122, respectively, and add after section
111 the following:
SEC. 112. LEGISLATIVE SERVICE ORGANIZATIONS.
(a) Coverage.--Any entity affiliated with a legislative
service organization shall be considered a lobbyist subject
to--
(1) the registration, reporting, and disclosure
requirements of sections 104 and 105
(2) the prohibition of section 106, and
(3) the amendments to the Standing Rules of the Senate and
the Rules of the House of Representatives made by title II.
(b) Other Requirements.--Each entity affiliated with a
legislative service organization shall report to the Office
of Lobbying Registration and Public Disclosure--
(1) the names and salaries of its staff,
(2) arrangements made with others to share staff and costs,
(3) relationships with other organizations in connection
with lobbying activities, and
(4) any contributions, gifts, or reimbursements received.
(c) Reports.--Any person, organization, or foreign
government which makes any contribution to any entity
affiliated with a legislative service organization during the
semiannual period beginning on the first day of January or
the first day of July of each year shall report such
contribution to the Office of Lobbying Registration and
Public Disclosure not later than 30 days after the end of
that semiannual period.
(d) Special Form.--For purposes of reporting, the Office of
Lobbying Registration and Public Disclosure shall issue a
form that clearly identifies reportable activity by or to an
entity affiliated with a legislative service organization.
(e) Definitions.--For purposes of this section:
(1) The term ``contribution'' means a gift, subscription,
loan, advance, or deposit of money or anything of value and
includes a contract, promise, or agreement, whether or not
legally enforceable, to make a contribution.
(2) The term ``legislative service organization'' refers to
a particular category of working groups or caucuses organized
to provide legislative services and assistance to Members of
the House of Representatives and certified by the Committee
on House Administration.
(3) The term ``entity affiliated'' means an organization
which is described in at least 2 of the following:
(A) An organization which spends at least 10 percent of its
funds in any year on--
(i) travel expenses for Members of Congress or
congressional staff,
(ii) meals, receptions, or other food and beverage expenses
on activities attended by Members of Congress or
congressional staff, and
(iii) gifts (other than educational materials) to Members
of Congress or congressional staff.
(B) An organization which has a name which is like or
similar to the name of an entity of the House of
Representatives, including a legislative service organization
or congressional member organization, or uses the word
``congressional'' in its official name or title.
(C) An organization which has a Member of Congress serving
on its board of directors or holding another controlling
position.
In the proposed section 103(3), strike ``and'' at the end
of subparagraph (F), strike the period at the end of
subparagraph (G) and insert ``; and'', and insert after
subparagraph (G) the following:
(H) any other officer or employee not otherwise described
in this paragraph serving in a position in the executive
branch that is classified at or above GS-14 of the General
Schedule.''.
At the end of the bill, add:
Any penalty applicable to lobbyists or lobbying firms in
this bill shall also apply to Members of Congress.
Pending consideration of said motion,
point of order
(Para. 116.16)
Mr. BRYANT made a point of order against the motion, and said:
``Madam Speaker, I make a point of order that the motion to recommit
offered by the gentleman from Pennsylvania [Mr. Gekas] is not in order,
in that it instructs the conferees to carry out instructions which
exceed the scope of the matters committed to conference. Specifically,
the motion to recommit contains language which expands the definition
of lobbyists and expands the definition of covered executive branch
officials.
``Both of these expanded definitions exceed the scope of the matters
committed to conference. Therefore, Madam Speaker, I insist on the
point of order.''.
Mr. GEKAS was recognized to speak to the point of order and said:
``Madam Speaker, I believe that the motion to recommit is in order.
The important feature of the motion to recommit has to do with campaign
contributions in which we feel that, as we argued in the well of the
House, the big gift that we should be banning is cam-
[[Page 2563]]
paign contributions by lobbyists, not just sandwiches.''.
The SPEAKER pro tempore, Ms. PELOSI, sustained the point of order,
and said:
``The Chair is prepared to rule. The gentleman from Texas [Mr.
Bryant] makes a point of order against the motion to recommit offered
by the gentleman from Pennsylvania [Mr. Gekas].
``As discussed in section 26.12, chapter 33 of Procedure in the U. S.
House of Representatives, a motion to recommit a conference report may
not instruct House conferees to include matter beyond the scope of
differences committed to conference by either House.
``The motion offered by the gentleman from Pennsylvania includes
several instructions that violate this principle. For example, the
motion instructs conferees to expand the definition of `lobbyist' as
defined in both the Senate bill and House amendment to include not only
persons who spend a certain period of time engaging in lobbying
activities while serving a client but also those who spend more than a
certain dollar amount within a fixed period to influence decision
making.
``Another example is found in the instruction that expands the
definition of `covered executive branch official' as defined in both
the Senate bill and House amendment to include a position in the
executive branch that is classified at or above GS-14 of the General
Schedule.
``The inclusion of even one of the above-described instructions
provides the Chair with an adequate basis to find the entire motion out
of order on the grounds the instructions exceed the scope of
differences committed to conference. Accordingly, the point of order is
sustained.''.
point of order
(Para. 119.8)
under clause 1 of rule xx, a motion to send a bill to conference is
always in order if the speaker, in his discretion, recognizes for that
purpose and the motion is offered at the direction of all reporting
committees of original jurisdiction.
under clause 1 of rule xx, a motion to send a bill to conference is
privileged if offered at the direction of the only committee that
reported thereon to the house, and need not be authorized by a
committee discharged from a sequential referral.
On October 4, 1994, Mr. MILLER of California, pursuant to clause 1 of
rule XX, and by direction of the Committee on Natural Resources moved
to take from the Speaker's table the bill of the Senate (S. 21) to
designate certain lands in the California Desert as wilderness, to
establish Death Valley, Joshua Tree, and Mojave National Parks, and for
other purposes; together with the amendments of the House thereto,
insist upon its amendments and agree to the conference asked by
the Senate on the disagreeing votes of the two Houses thereon.
Pending consideration of said motion,
point of order
(Para. 119.9)
Mr. POMBO made a point of order against the motion, and said:
``Mr. Speaker, I make a point of order that the Committee on Merchant
Marine and Fisheries to which the bill, S. 21, was referred, has not
authorized the pending motion in violation of clause 1 of rule XX.''.
Mr. MILLER of California was recognized to speak to the point of
order and said:
``Mr. Speaker, to make the point of order that the primary committee
of jurisdiction was authorized to ask to go to conference.''.
Mr. POMBO was recognized to speak further on the point of order
against the motion, and said:
``Mr. Speaker, I serve on both the Committee on Natural Resources and
the Committee on Merchant Marine and Fisheries, to which S. 21 was also
referred. Unfortunately, the referral to Merchant Marine and Fisheries
was very short and that committee did not file a report on the bill.
The net result is that my Merchant Marine and Fisheries colleagues did
not have an opportunity to debate that the Committee on Merchant Marine
and Fisheries will not have a role in making the recommendation to the
House with regard to insisting or receding from the Senate amendments
to S. 21.
``Mr. Speaker, it is my understanding that, under rule XX and the
precedents of the House, a privileged motion to go to conference must
be authorized by both committees to which a bill has been jointly
referred. I have been told that this precedent was decided prior to the
time when sequential referrals were used in the House. I believe that
the interests of the House would be best served if this interpretation
were extended to sequential as well as joint referrals to ensure that
all committees of jurisdiction on a bill will be treated as equal
partners in the process.
``I do not believe the Speaker has yet ruled on this precise issue
and insist on my point of order to clarify the matter.''.
Mr. MILLER of California was recognized to speak further to the point
of order, and said:
``The Committee on Natural Resources is the primary committee of
jurisdiction here. There was a referral to the Committee on Merchant
Marine and Fisheries. They could have exercised whatever actions they
decided to. They did not decide to do that. By reason of the fact that
we remain the primary committee, we have been instructed by our
committee to go to conference on this matter.''.
The SPEAKER pro tempore, Mr. HUGHES, overruled the point of order,
and said:
``The Chair is prepared to rule.
``The gentleman from California [Mr. Pombo] makes the point of order
that,
to be privileged under clause 1 of rule XX, the motion must be
authorized not only by the Committee on Natural Resources but also by
the Committee on Merchant Marine and Fisheries.
``Under clause 1 of rule XX, a motion to send a bill to conference is
always in order if the Speaker, in his discretion, recognizes for that
purpose and if the motion is made at the direction of all reporting
committees having original jurisdiction over the bill. The Chair is
guided by the precedent of September 26, 1978, standing for the
proposition that the motion must be authorized by each committee of
joint referral that has reported the measure to the House.
``In the instant case, the Committee on Merchant Marine and Fisheries
was a committee of sequential referral of the House bill and did not
report thereon to the House. The instant motion is, therefore, offered
at the direction of the only committee of original referral of the
House bill, and the only committee that reported thereon to the House--
the Committee on Natural Resources. Accordingly, the motion is
privileged under clause 1 of rule XX.
``The point of order is overruled.''.
privileges of the house--return of senate bill
(Para. 122.8)
a resolution asserting that a senate-passed bill contains provisions
raising revenue in derogation of the constitutional prerogative of the
house to originate such bills gives rise to a question of the
privileges of the house under rule ix. the house returned to the senate
a senate-passed bill to settle a certain indian boundary that would
exempt from taxation certain payments under the settlement.
On October 7, 1994, Mr. GIBBONS rose to a question of the privileges
of the House and submitted the following resolution (H. Res. 577):
Resolved, That the bill of the Senate (S. 1216) entitled
the ``Crow Boundary Settlement Act of 1994'', in the opinion
of this House, contravenes the first clause of the seventh
section of the first article of the Constitution of the
United States and is an infringement of the privileges of
this House and that such bill be respectfully returned to the
Senate with a message communicating this resolution.
The SPEAKER pro tempore, Mr. MAZZOLI, ruled that the resolution
submitted did present a question of the privileges of the House under
rule IX, and recognized Mr. GIBBONS and Mr. HERGER, each for thirty
minutes.
After debate,
By unanimous consent, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. MAZZOLI, announced that the yeas had it.
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
[[Page 2564]]
------------------------------------------------------------------------
SUBPOENAS RECEIVED PURSUANT TO RULE L
-------------------------------------------------------------------------
SUBPOENAS RECEIVED
SUBPOENAS RECEIVED
On February 1, 1994, the SPEAKER pro tempore, Mr. VOLKMER, laid
before the House a communication, which was read as follows:
House of Representatives,
Washington, DC, February 1, 1994.
Hon. Thomas S. Foley,
The Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to rule L (50) of the Rules of the House, that my Committee
has been served with a subpoena issued by the United States
District Court for the District of Columbia.
After consultation with the General Counsel to the Clerk, I
have determined that compliance with the subpoena is
consistent with the privileges of the House.
Sincerely yours,
Dan Rostenkowski,
Chairman.
____________________
On February 1, 1994, the SPEAKER pro tempore, Mr. VOLKMER, laid
before the House a communication, which was read as follows:
Congress of the United States,
House of Representatives,
Washington, DC, January 26, 1994.
Hon. Thomas S. Foley,
The Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to rule L of the rules of the House that a member of my
Committee staff has been served with a subponea issued by the
United States District Court for the District of Columbia.
After consultation with the General Counsel to the Clerk, I
have determined that compliance with the subpoena is not
inconsistent with the privileges and precedents of the House.
Sincerely,
Dan Rostenkowski.
____________________
On February 1, 1994, the SPEAKER pro tempore, Mr. VOLKMER, laid
before the House a communication, which was read as follows:
Congress of the United States,
House of Representatives,
Washington, DC, January 26, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to Rule L (50) of the Rules of
the House, this is to formally notify you that my office has
been served with a subpoena for employment and salary records
of a staff person. The subpoena was issued by the Supreme
Court of the State of New York, in connection with a civil
case on a personal injury claim.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
Charles B. Rangel,
Member of Congress.
____________________
On February 2, 1994, the SPEAKER pro tempore, Mr. DURBIN, laid before
the House a communication, which was read as follows:
House of Representatives,
Washington, DC, February 1, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that the Office
Supply Service has been served with a subpoena issued by the
United States District Court for the District of Columbia.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoena is
conistent with the privileges and precedents of the House.
Sincerely,
Randall B. Medlock,
Acting Director.
____________________
On February 8, 1994, the SPEAKER pro tempore, Ms. JOHNSON of Texas,
laid before the House a communication, which was read as follows:
House of Representatives,
Washington, DC, January 28, 1994.
Hon. Thomas Foley,
Speaker of the House, Washington, DC.
Dear Thomas: This is to formally notify you pursuant to
Rule L (50) of the Rules of the House that I have been served
with a subpoena to give a witness deposition. The subpoena
was issued by the District Court of North Dakota, South
Central Judicial District in connection with a civil case.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
Earl Pomeroy,
Member of Congress.
____________________
On February 10, 1994, the SPEAKER pro tempore, Mr. CHAPMAN, laid
before the House a communication, which was read as follows:
Office of the Director, Non-Legislative and Financial
Services, House of Representatives
Washington, DC, February 10, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives, Washington, DC
Dear Mr. Speaker: This is to notify you formally pursuant
to Rule L (50) of the Rules of the House that the Office
Supply Service and the Office of Finance have each been
served with a subpoena issued by the United States District
Court for the District of Columbia.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoenas is
consistent with the privileges and precedents of the House.
Sincerely,
Randall B. Medlock,
Acting Director.
____________________
On February 23, 1994, the SPEAKER pro tempore, Mrs. CLAYTON, laid
before the House a communication, which was read as follows:
House of Representatives,
Washington, DC, February 15, 1994.
Hon. Thomas S. Foley,
Speaker of the House,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that I have been
served with a subpoena issued by the Civil Court of the City
of New York.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoena is
consistent with the privileges and precedents of the House.
Sincerely,
Jerrold Nadler,
Member of Congress.
____________________
On February 23, 1994, the SPEAKER pro tempore, Mrs. CLAYTON, laid
before the House a communication, which was read as follows:
House of Representatives,
Committee on House Administration,
Washington, DC, February 16, 1994.
Hon. Thomas S. Foley,
Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L of the Rules of the House that the Committee on
House Administration has been served with a subpoena issued
by the United States District Court for the District of
Columbia.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoena is not
inconsistent with the privileges and precedents of the House.
Sincerely,
Charlie Rose,
Chairman.
____________________
On February 23, 1994, the SPEAKER pro tempore, Mrs. CLAYTON, laid
before the House a communication, which was read as follows:
House of Representatives,
Washington, DC, February 10, 1994.
Hon. Thomas S. Foley,
Speaker of the House,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that I have been
served with a subpoena issued by the United States District
Court for the Western District of Wisconsin.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoena is
consistent with the privileges and precedents of the House.
Sincerely,
F. James Sensenbrenner, Jr.,
Member of Congress.
____________________
On March 2, 1994, the SPEAKER pro tempore, Mr. ROEMER, laid before
the House a communication, which was read as follows:
[[Page 2565]]
House of Representative,
Committee on Agriculture,
Washington, DC, February 28, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that a member of my
Committee staff has been served with a subpoena issued by the
Superior Court for the District of Columbia.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
E (Kika) de la Garza,
Chairman.
____________________
On March 2, 1994, the SPEAKER pro tempore, Mr. ROEMER, laid before
the House a communication, which was read as follows:
Congress of the United States,
House of Representatives,
Washington, DC, March 1, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to rule L (50) of the Rules of the House, that the Custodian
of Records of my office has been served with a subpoena
issued by the United States District Court for the District
of Columbia.
After consultation with the General Counsel to the Clerk, I
have determined that compliance with the subpoena is
consistent with the privileges of the House.
Sincerely yours,
Dan Rostenkowski,
Chairman.
____________________
On March 9, 1994, the SPEAKER pro tempore, Mr. STRICKLAND, laid
before the House a communication, which was read as follows:
Congress of the United States,
House of Representatives, March 7, 1994.
Hon. Thomas Foley,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: In accordance with House Rule 50, I
respectfully notify you of my receipt of a witness subpoena
from the Superior Court of Cobb County, Georgia.
After consultation with the General Counsel to the House, I
have determined that compliance is not consistent with the
privileges and precedents of the House.
Sincerely,
Newt Gingrich.
____________________
On March 10, 1994, the SPEAKER pro tempore, Mr. LAUGHLIN, laid before
the House a communication, which was read as follows:
Congress of the United States,
House of Representatives,
Washington, DC, March 9, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that a member of my
staff has been served with a subpoena issued with regard to a
Special Court-Martial appointed pursuant to appropriate
military authority.
After consultation with the General Counsel to the Clerk, I
have determined that compliance with the subpoena is
consistent with the privileges and precedents of the House.
Sincerely,
Steven Schiff.
____________________
On March 10, 1994, the SPEAKER pro tempore, Mr. LAUGHLIN, laid before
the House a communication, which was read as follows:
Congress of the United States,
House of Representatives,
Washington, DC, March 10, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L of the Rules of the House that the Committee on
House Administration has been served with a subpoena issued
by the United States District Court for the District of
Columbia.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoena is not
inconsistent with the privileges and precedents of the House.
Sincerely,
Charlie Rose,
Chairman.
____________________
On March 15, 1994, the SPEAKER pro tempore, Mr. FIELDS of Louisiana,
laid before the House a communication, which was read as follows:
Washington, DC, March 9, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to notify you formally pursuant
to Rule L (50) of the Rules of the House that the Office of
Finance has been served with a subpoena issued by the United
States District Court for the District of Columbia.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoena is
consistent with the privileges and precedents of the House.
Sincerely,
Randall B. Medlock,
Acting Director.
____________________
On March 16, 1994, the SPEAKER pro tempore, Mr. DERRICK, laid before
the House a communication, which was read as follows:
Office of the Sergeant at Arms,
House of Representatives,
Washington, DC, March 15, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives, Washington, DC
Dear Mr. Speaker: This is to formerly notify you pursuant
to Rule L (50) of the Rules of the House that a subpoena
issued by the Superior Court of the District of Columbia for
information concerning a member of the United States Capitol
Police.
After consultation with the General Counsel, I have
determined that compliance with the subpoenas is consistent
with the privileges and precedents of the House.
Sincerely,
Werner W. Brandt,
Sergeant at Arms.
____________________
On April 12, 1994, the SPEAKER pro tempore, Mr. MAZZOLI, laid before
the House a communication, which was read as follows:
House of Representatives,
Washington, DC, March 16, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that a staffer in my
office has been served with a subpoena issued by the State of
Indiana, Hamilton County Superior Circuit Court in connection
with a civil case involving some constituent casework.
After consultation with the General Counsel, I will
determine if compliance with the subpoena is consistent with
the privileges and precedents of the House.
Sincerely,
Dan Burton,
Member of Congress.
____________________
On April 12, 1994, the SPEAKER pro tempore, Mr. MAZZOLI, laid before
the House a communication, which was read as follows:
House of Representatives,
Washington, DC, March 29, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that a staffer in my
office has been served with a subpoena issued by the United
States Court of International Trade in connection with a
civil case.
After consultation with the General Counsel, I will
determine if compliance with the subpoena is consistent with
the privileges and precedents of the House.
Sincerely,
Sam Farr,
Member of Congress.
____________________
On April 12, 1994, the SPEAKER pro tempore, Mr. MAZZOLI, laid before
the House a communication, which was read as follows:
Committee on House Administration,
Washington, DC, April 5, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives, U.S. Capitol, Washington,
DC.
Dear Mr. Speaker: This is to inform you, pursuant to Rule L
(50) of the Rules of the House, that two employees of the
Committee on House Administration have been served with a
subpoena issued by the U.S. District Court for the District
of Columbia.
After consultation with the General Counsel, I will
determined if compliance with the subpoena is consistent with
the privilege and precedent of the House.
With my very best wishes,
Sincerely,
Charlie Rose,
Chairman.
____________________
On April 12, 1994, the SPEAKER pro tempore, Mr. MAZZOLI, laid before
the House a communication, which was read as follows:
House of Representatives, Non-Legislative and Financial
Services,
Washington, DC, April 7, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives, U.S. Capitol, Washington,
DC.
Dear Mr. Speaker: This is to notify you formally pursuant
to Rule L (50) of the Rules of the House of that the Office
of Finance has been served with a subpoena issued by the
United States District Court for the District of Columbia.
[[Page 2566]]
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoena is
consistent with the privileges and precedents of the House.
Sincerely,
Randall B. Medlock,
Acting Director.
____________________
On April 12, 1994, the SPEAKER pro tempore, Mr. MAZZOLI, laid before
the House a communication, which was read as follows:
House of Representatives,
Washington, DC, April 11, 1994.
Re subpoena--Superior Court of the District of Columbia M
4009-94 (criminal).
Hon. Thomas S. Foley,
Speaker, House of Representatives, The Capitol, Washington,
DC.
Dear Mr. Speaker: Pursuant to House Rule L (50), please be
advised that Officer David Hamlett, a House employee, has
received a subpoena to appear as a witness in the above
referenced matter. I have attached a copy of the subpoena for
your information.
If you have any questions or need additional information,
please do not hesitate to contact me.
Thank you for your continued cooperation.
Sincerely,
Werner W. Brandt,
Sergeant at Arms.
____________________
On April 13, 1994, the SPEAKER pro tempore, Mr. MONTGOMERY, laid
before the House a communication, which was read as follows:
Hon. Thomas S. Foley,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to inform you, pursuant to Rule L
(50) of the Rules of the House, that I was served with a
subpoena issued by the United States District Court for the
District of South Carolina.
After consultation with the General Counsel, it was
determined that compliance was consistent with the privileges
and precedents of the House.
Sincerely,
James H. Bilbray,
Member of Congress.
____________________
On April 18, 1994, the SPEAKER pro tempore, Mr. MAZZOLI, laid before
the House a communication, which was read as follows:
House of Representatives,
Washington, DC, April 6, 1994.
Hon. Thomas S. Foley,
Speaker of the House, House of Representatives, the Capitol,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that my office has
been served with a subpoena for records of a member of my
staff issued by the Stanislaus County Superior Court in
Modesto, California in connection with a civil case.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
Gary A. Condit,
Member of Congress.
____________________
On May 2, 1994, the SPEAKER pro tempore, Mr. COLEMAN, laid before the
House a communication, which was read as follows:
Office of the Director, Non-Legislative and Financial
Services, House of Representatives,
Washington, DC, April 29, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to notify you formally pursuant
to Rule L (50) of the Rules of the House that the Office of
Finance has been served with a subpoena issued by the United
States District Court for the District of Columbia.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoena is
consistent with the privileges and precedents of the House.
Sincerely,
Randall B. Medlock,
Acting Director.
____________________
On May 3, 1994, the SPEAKER pro tempore, Mr. BOUCHER, laid before the
House a communication, which was read as follows:
House of Representatives,
Washington, DC, May 2, 1994.
Hon. Thomas S. Foley,
Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to rule L (50) of the Rules of the House of Representatives
that my office has been served with a subpoena for documents
issued by the United States District Court for the Southern
district of Georgia in connection with a civil case.
After consultation with the General Counsel, I will
determine if compliance with the subpoena is consistent with
the privileges and precedents of the House.
Sincerely,
Cynthia McKinney.
____________________
On May 4, 1994, the SPEAKER pro tempore, Mr. SERRANO, laid before the
House a communication, which was read as follows:
House of Representatives,
Committee on Agriculture,
Washington, DC, April 6, 1994.
Hon. Thomas S. Foley,
Speaker of the House, House of Representatives, Washington,
DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that a member of my
Committee staff has been served with a subpoena issued by the
Superior Court for the District of Columbia.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
E K(ika) de la Garza,
Chairman.
____________________
On May 17, 1994, the SPEAKER pro tempore, Mr. MAZZOLI, laid before
the House a communication, which was read as follows:
Office of the Director, Non-Legislative and Financial
Services, House of Representatives,
Washington, DC, May 12, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to notify you formally pursuant
to Rule L (50) of the Rules of the House that the Office of
Finance has been served with a subpoena issued by the United
States District Court for the District of Columbia.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoena is
consistent with the privileges and precedents of the House.
Sincerely,
Randall B. Medlock,
Acting Director.
____________________
On May 17, 1994, the SPEAKER pro tempore, Mr. MAZZOLI, laid before
the House a communication, which was read as follows:
Office of the Director, Non-Legislative and Financial
Services, House of Representatives,
Washington, DC, May 16, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to notify you formally pursuant
to Rule L (50) of the Rules of the House that the Office of
Finance has been served with a subpoena issued by the United
States District Court for the District of Columbia.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoena is
consistent with the privileges and precedents of the House.
Sincerely,
Randall B. Medlock,
Acting Director.
____________________
On May 17, 1994, the SPEAKER pro tempore, Mr. KILDEE, laid before the
House a communication, which was read as follows:
House of Representatives,
May 17, 1994.
Hon. Thomas S. Foley.
Dear Mr. Speaker: This is to notify you pursuant to Rule L
of the Rules of the House that I have been served with a
subpoena issued by the Superior Court of the District of
Columbia.
After consultation with the General Counsel, I have
determined that compliance is inconsistent with the
privileges and precedents of the House.
Sincerely,
Ron Wyden,
Member of Congress.
____________________
On May 17, 1994, the SPEAKER pro tempore, Mr. WISE, laid before the
House a communication, which was read as follows:
Committee on Energy and Commerce, Subcommittee on Health
and the Environment,
Washington, DC May 17, 1994.
Hon. Thomas S. Foley,
Speaker of the House,
Washington, DC
Dear Mr. Speaker: This is to notify you pursuant to Rule L
of the Rules of the House that I have been served with a
subpoena issued by the Superior Court of the District of
Columbia.
After consultation with the General Counsel, I have
determined that compliance is inconstant with the privileges
and precedents of the House.
Sincerely,
Henry A. Waxman.
____________________
On May 18, 1994, the SPEAKER pro tempore, Mr. DOOLEY, laid before the
House a communication, which was read as follows:
[[Page 2567]]
House of Representatives,
Washington, DC, May 10, 1994.
Hon. Thomas S. Foley,
Speaker of the House, Washington, DC
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that I have been
served with a subpoena issued by the Circuit Court of Volusia
County, Florida.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is not a proper
exercise of that court's jurisdiction.
Sincerely,
Jim Kolbe,
Member of Congress.
____________________
On June 8, 1994, the SPEAKER pro tempore, Mr. FIELDS of Louisiana,
laid before the House a communication, which was read as follows:
Office of the Director, Non-Legislative and Financial
Services, House of Representatives,
Washington, DC, May 31, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to notify you formally pursuant
to Rule L (50) of the Rules of the House that the Office of
Finance has been served with a subpoena issued by the
Superior Court of the District of Columbia.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoena is
consistent with the privileges and precedents of the House.
Sincerely,
Randall B. Medlock,
Acting Director.
____________________
On June 8, 1994, the SPEAKER pro tempore, Mr. FIELDS of Louisiana,
laid before the House a communication, which was read as follows:
Office of the Director, Non-Legislative and Financial
Services, House of Representatives,
Washington, DC, May 31, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to notify you formally pursuant
to Rule L (50) of the Rules of the House that the Office of
Finance has been served with a subpoena issued by the United
States District Court for the District of Columbia.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoena is
consistent with the privileges and precedents of the House.
Sincerely,
Randall B. Medlock,
Acting Director.
____________________
On June 8, 1994, the SPEAKER pro tempore, Mr. FIELDS of Louisiana,
laid before the House a communication, which was read as follows:
House of Representatives,
Washington, DC, June 1, 1994.
Hon. Thomas S. Foley,
Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that a staffer in my
office has been served with a subpoena issued by the State of
Indiana, Marion Superior Court in connection with a civil
case involving some constituent casework.
After consultation with the General Counsel, I will
determine if compliance with the subpoena is consistent with
the privileges and precedents of the House.
Sincerely,
Dan Burton,
Member of Congress.
____________________
On June 24, 1994, the SPEAKER pro tempore, Mr. PENNY, laid before the
House a communication, which was read as follows:
House of Representatives,
Washington, DC, June 23, 1994.
Hon. Thomas S. Foley,
Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker, This is to inform you pursuant to Rule L
(50) of the Rules of the House that an employee in my office
has been served with a subpoena issued by the United States
District Court for the Eastern District of Virginia.
After consultation with the General Counsel, it was
determined that compliance was consistent with the privileges
and precedents of the House.
Sincerely,
Tom DeLay,
Member of Congress.
____________________
On June 27, 1994, the SPEAKER pro tempore, Mr. COPPERSMITH, laid
before the House a communication, which was read as follows:
U.S. Congress,
House of Representatives,
Washington, DC, June 24, 1994.
Hon. Thomas S. Foley,
The Capitol,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that my office has
been served with a subpoena for documents concerning
constituent casework issued by the United States District
Court for the Southern District of Illinois in connection
with a civil case.
After consultation with the General Counsel, I will
determine if compliance with the subpoena is consistent with
the privileges and precedents of the House.
Sincerely,
Glenn Poshard
Member of Congress.
____________________
On July 12, 1994, the SPEAKER laid before the House a communication,
which was read as follows:
House of Representatives,
Committee on Appropriations,
July 1, 1994.
Hon. Thomas S. Foley,
Speaker of the House, Washington, DC.
Dear Mr. Speaker, this is to formally notify you pursuant
to Rule L (50) of the Rules of the House that my office has
been served with a subpoena concerning constituent casework
issued by the State of Connecticut Commission on Human Rights
and Opportunities in connection with a civil case.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
Rosa L. DeLauro.
____________________
On July 21, 1994, the SPEAKER pro tempore, Mr. BILBRAY, laid before
the House a communication, which was read as follows:
Congress of the United States,
Washington, DC, July 20, 1994.
Hon. Thomas S. Foley,
Speaker, U.S. House of Representatives,
Washington, DC.
Dear Mr. Speaker: The purpose of this letter is to notify
you pursuant to Rule L (50) of the Rules of the House that I
have been served with a subpoena issued by the United States
Bankruptcy Court for the Middle District of Pennsylvania for
materials related to a bankruptcy case.
This subpoena was issued to my office at 3:30 p.m. on July
19, 1994, seeking my presence and documents in Bankruptcy
Court at 10:00 a.m., July 20, 1994, when I will be in
Washington conducting official business.
After consultation with the General Counsel, he has
determined that compliance with the subpoena at this time is
not consistent with the privileges and precedents of the
House. I acknowledge his determination and have agreed not to
provide documents which might infringe on the rights of the
House of Representatives.
Sincerely,
Paul E. Kanjorski,
Member of Congress.
____________________
On August 9, 1994, the SPEAKER pro tempore, Mr. SKAGGS, laid before
the House a communication, which was read as follows:
Congress of the United States,
House of Representatives,
Washington, DC, August 3, 1994.
Hon. Thomas S. Foley,
Speaker, House of Representatives, the Capitol, Washington,
DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to rule L (50) of the Rules of the House that Garland
Hardeman, a member of my staff, has been served with a
subpoena issued by the California Workers Compensation
Appeals Board.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoena is
consistent with the privileges and precedents of the House.
Sincerely,
Walter R. Tucker III,
Member of Congress.
____________________
On August 10, 1994, the SPEAKER pro tempore, Mr. CLYBURN, laid before
the House a communication, which was read as follows:
Congress of the United States
House of Representatives
Washington, DC, August 9, 1994.
Hon. Thomas S. Foley,
Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that my office has
been served with a subpoena issued by the State of Florida,
Division of Administrative Hearings in connection with a
civil case involving constituent casework.
After consultation with the General Counsel, I will
determine if compliance with the subpoena is consistent with
the privileges and precedents of the House.
Sincerely,
Bill McCollum,
Member of Congress.
____________________
On August 11, 1994, the SPEAKER pro tempore, Mr. LEHMAN, laid before
the House a communication, which was read as follows:
[[Page 2568]]
Congress of the United States,
House of Representatives,
Washington, DC, August 9, 1994.
Hon. Thomas S. Foley, Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the rules of the House that my office has
been served with a subpoena issued by the State of Florida,
Division of Administrative Hearings, in connection with a
civil case involving constituent casework.
After consultation with the General Counsel, I will
determine if compliance with the subpoena is consistent with
the privileges and precedents of the House.
Sincerely,
John L. Mica,
Member of Congress.
____________________
On August 16, 1994, the SPEAKER pro tempore, Mr. TRAFICANT, laid
before the House a communication, which was read as follows:
House of Representtives,
Washington, DC, August 10, 1994.
Hon. Thomas Foley,
Speaker of the House,
The Capitol, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that a member of my
staff has been served with a subpoena issued by the Circuit
Court for the Sixteenth Judicial District, County of Kane,
Illinois relating to a constituent casework matter.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoena is
consistent with the privileges and precedents of the House.
Sincerely,
J. Dennis Hastert,
Member of Congress.
____________________
On August 18, 1994, the SPEAKER pro tempore, Mr. FIELDS of Louisiana,
laid before the House a communication, which was read as follows:
Congress of the United States,
House of Representatives,
Washington, DC, August 17, 1994.
Hon. Thomas S. Foley,
Speaker of the House of Representatives,
The Capitol, Washington, DC.
Dear Mr. Speaker: This is to formally notify you, pursuant
to Rule L (50) of the Rules of the House, that my office has
been served with a subpoena issued by the Commonwealth of
Pennsylvania, County of Lehigh.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoena is not
inconsistent with the privileges and precedents of the House.
Sincerely,
Paul McHale.
____________________
On September 16, 1994, the SPEAKER pro tempore, Mr. RICHARDSON, laid
before the House a communication, which was read as follows:
U.S. House of Representatives, Subcommittee on Oversight
and Investigations of the Committee on Energy and
Commerce,
Washington, DC, September 14, 1994.
Hon. Thomas S. Foley,
Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to rule L (50) of the Rules of the House that the
Subcommittee on Oversight and Investigations has received a
subpoena for documents issued by the United States District
Court for the District of Columbia.
After consultation with the General Counsel, I have
determined that compliance with the entirety of the subpoena
is inconsistent with the privileges and precedents of the
House.
Sincerely,
John D. Dingell,
Chairman, Subcommittee on
Oversight and Investigations.
____________________
On September 20, 1994, the SPEAKER pro tempore, Mr. McHALE, laid
before the House a communication, which was read as follows:
Non-Legislative and Financial Services, U.S. House of
Representatives,
Washington, DC, September 20, 1994.
Hon. Thomas S. Foley,
Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to notify you formally pursuant
to Rule L (50) of the Rules of the House that the Office of
Finance has been served with a subpoena issued by the
Superior Court of the District of Columbia.
After consultation with the General Counsel to the House, I
have determined that compliance with the subpoena is
consistent with the privileges and precedents of the House.
Sincerely,
Randall B. Medlock,
Acting Director.
____________________
On September 26, 1994, the SPEAKER pro tempore, Mr. PENNY, laid
before the House a communication, which was read as follows:
U.S. House of Representatives,
Committee on Energy and Commerce,
Washington, DC, September 22, 1994.
Hon. Thomas S. Foley,
Speaker, U.S. House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that I have received
a subpoena for testimony issued by the United States District
Court for the District of Columbia.
After appropriate consultation, I have determined that
compliance with the subpoena is inconsistent with the
privileges and precedents of the House.
Sincerely,
John D. Dingell,
Chairman, Subcommittee on
Oversight and Investigations.
____________________
On October 5, 1994, the SPEAKER pro tempore, Mr. HUGHES, laid before
the House a communication, which was read as follows:
House of Representatives,
Washington, DC, October 5, 1994.
Hon. Thomas S. Foley,
Speaker of the House, U.S. House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you that
pursuant to Rule L (50) of the Rules of the House that my
office has been served with a subpoena issued by the
Municipal Court of the State of California, in and for the
City and County of San Francisco, in connection with a
criminal case involving constituent casework.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
Sam Farr,
Member of Congress.
____________________
The following communication was received by the SPEAKER following the
sine die adjournment of the Second Session of the One Hundred Third
Congress:
Congress of the United States,
U.S. House of Representatives,
Washington, DC, November 30, 1994.
Hon. Thomas Foley,
Speaker of the House, H-204 of the Capitol, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to rule L (50) of the Rules of the House that I have been
served with a subpoena issued by the United States District
Court for the Southern District of Ohio for materials related
to a civil lawsuit.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
Bob Portman,
Representative.
[[Page 2569]]
.
HOUSE BILLS
------------------------------------------------------------------------
H.R. 6--
A bill to extend for 6 years the authorizations of appropriations for
the programs under the Elementary and Secondary Education Act of
1965 and for other purposes; to the Committee on Education and
Labor.
Reported with amendments (H. Rept. 103-425), [16FE]
Considered, [24FE], [2MR], [3MR], [9MR], [21MR], [22MR]
Passed House amended, [24MR]
Passed Senate amended (in lieu of S. 1513), [2AU]
Senate insisted on its amendment and asked for a conference, [2AU]
House disagreed to Senate amendment and agreed to a conference, [20SE]
Conferees appointed, [20SE]
Change of conferees, [21SE]
Conference report (H. Rept. 103-761) submitted in the House, [28SE]
House agreed to conference report, [30SE]
Senate agreed to conference report, [5OC]
Presented to the President (October 18, 1994)
Approved [Public Law 103-382] (signed October 20, 1994)
H.R. 8--
A bill to amend the Child Nutrition Act of 1966 and the National School
Lunch Act to extend certain authorities contained in such acts
through the fiscal year 1998; to the Committee on Education and
Labor.
Cosponsors added, [26MY]
Reported with amendments (H. Rept. 103-535, part 1), [3JN]
Referred to the Committee on Agriculture, [8JN]
Reported with amendments (H. Rept. 103-535, part 2), [24JN]
Rules suspended. Passed House amended, [19JY]
H.R. 9--
A bill to modify the antitrust exemption applicable to the business of
insurance; to the Committee on the Judiciary.
Cosponsors added, [26SE]
Reported with amendment (H. Rept. 103-853), [7OC]
H.R. 11--
A bill to amend the National School Lunch Act to establish an optional
universal school lunch and breakfast program; to the Committee on
Education and Labor.
Cosponsors added, [3FE], [24MR]
H.R. 14--
A bill to amend the Federal Aviation Act of 1958 to provide for the
establishment of limitations on the duty time for flight attendants;
to the Committee on Public Works and Transportation.
Cosponsors added, [10MR], [19JY]
H.R. 22--
A bill to make certain changes to improve the administration of the
Medicare Program, to reform customs overtime pay practices, to
prevent the payment of Federal benefits to deceased individuals, to
require reports on employers with underfunded pension plans, to
provide for increased taxpayer procedural protections, and for other
purposes; jointly, to the Committees on Ways and Means; Energy and
Commerce; Post Office and Civil Service.
Cosponsors added, [14JY], [29SE]
H.R. 24--
A bill to give the President legislative, line-item veto authority over
budget authority in appropriations bills in fiscal years 1994 and
1995; jointly, to the Committees on Government Operations; Rules.
Cosponsors added, [25JY], [10AU], [27SE]
H.R. 25--
A bill to protect the reproductive rights of women; to the Committee on
the Judiciary.
Cosponsors added, [2MR], [29JY]
H.R. 27--
A bill to amend the Real Estate Settlement Procedures Act of 1974 to
reflect changes in the mortgage servicing industry and the
availability of improved technology to escrow agents, and for other
purposes; to the Committee on Banking, Finance and Urban Affairs.
Cosponsors added, [25JA], [8MR], [25AP]
H.R. 28--
A bill to promote accountability, diversity, and the public interest in
the operation of the Federal Reserve System, and for other purposes;
to the Committee on Banking, Finance and Urban Affairs.
Cosponsors added, [23FE], [17MR]
H.R. 34--
A bill to amend title 38, United States Code, to extend eligibility for
burial allowance to certain additional veterans and to increase the
burial plot allowance for veterans from $150 to $300; to the
Committee on Veterans' Affairs.
Cosponsors added, [3FE], [17MY]
H.R. 35--
A bill to amend title 38, United States Code, to provide that persons
considered to be Commonwealth Army veterans by reason of service
with the Armed Forces during World War II in the Philippines shall
be eligible for full veterans' benefits from the Department of
Veterans Affairs; to the Committee on Veterans' Affairs.
Cosponsors added, [3FE], [12AP], [17MY], [14JY]
H.R. 39--
A bill to designate certain lands in Alaska as wilderness; to the
Committee on Natural Resources.
Cosponsors added, [1FE], [24FE], [10MR], [13AP], [5MY], [14JN], [26JY]
H.R. 40--
A bill to acknowledge the fundamental injustice, cruelty, brutality, and
inhumanity of slavery in the United States and the 13 American
colonies between 1619 and 1865 and to establish a commission to
examine the institution of slavery, subsequent de jure and de facto
racial and economic discrimination against African-Americans, and
the impact of these forces on living African-Americans, to make
recommendations to the Congress on appropriate remedies, and for
other purposes; to the Committee on the Judiciary.
Cosponsors added, [11MR], [19AP], [28AP], [8JN], [9JN], [19JY], [1AU],
[4OC]
Cosponsors removed, [21AP]
H.R. 44--
A bill to provide that certain service of members of the U.S. merchant
marine during World War II constituted active military service for
purposes of any law administered by the Department of Veterans
Affairs; to the Committee on Veterans' Affairs.
Cosponsors added, [24FE], [28JY]
H.R. 50--
A bill to regulate the conduct of the Federal Bureau of Investigation in
certain matters relating to the exercise of rights protected by the
first article of amendment to the Federal Constitution; to the
Committee on the Judiciary.
Cosponsors added, [29JY], [6OC]
H.R. 51--
A bill to provide for the admission of the State of New Columbia into
the Union; to the Committee on the District of Columbia.
Cosponsors removed, [8FE]
H.R. 54--
A bill to establish a radio broadcasts to the peoples of Asia; to the
Committee on Foreign Affairs.
Cosponsors added, [24MR]
H.R. 55--
A bill to prohibit the export of American black bear viscera, and for
other purposes; jointly, to the Committees on Foreign Affairs;
Merchant Marine and Fisheries; Ways and Means.
Cosponsors added, [23FE], [24MR], [15JN]
H.R. 56--
A bill to amend the Shipping Act of 1984 to provide for equitable
treatment of U.S. ocean freight forwarders by ocean carrier
conferences; to the Committee on Merchant Marine and Fisheries.
Cosponsors added, [1FE], [22FE], [23FE], [11MR], [17MR], [12AP]
H.R. 64--
A bill to provide benefits under the survivor benefit plan to surviving
spouses of certain members of the Armed Forces retired before
September 21, 1972; to the Committee on Armed Services.
Cosponsors added, [21AP]
H.R. 65--
A bill to amend title 10, United States Code, to permit retired members
of the Armed Forces who have a service-connected disability to
receive military retired pay concurrently with veterans' disability
compensation; to the Committee on Armed Services.
Cosponsors added, [25JA], [10FE], [24FE], [9MR], [10MR], [16MR],
[17MR], [13AP], [14AP], [20AP], [21AP], [28AP], [5MY], [12MY],
[18MY], [19MY], [15JN], [21JN], [24JN], [30JN], [12JY], [22JY],
[28JY], [2AU], [18AU], [19AU], [19SE], [20SE], [27SE], [28SE],
[4OC], [5OC], [7OC]
H.R. 67--
A bill to amend title 38, United States Code, to provide that a veteran
who is a former prisoner of war and who was detained or interned for
not less than 90 days shall be deemed to have a service-connected
disability rated at not less than 50 percent for the purposes of
determining benefits due to such veteran; to the Committee on
Veterans' Affairs.
Cosponsors added, [28AP]
H.R. 68--
A bill to amend title 38, United States Code, to provide that remarriage
of the surviving spouse of a veteran after age 55 shall not result
in termination of dependency and indemnity compensation; to the
Committee on Veterans' Affairs.
Cosponsors added, [25JA], [8JN]
H.R. 70--
A bill to provide for the termination of the Superconducting Super
Collider project; to the Committee on Science, Space, and
Technology.
Cosponsors added, [3MY], [30JN], [25JY], [2AU]
H.R. 71--
A bill to amend the Internal Revenue Code of 1986 to provide a tax
credit to employers who employ members of the Ready Reserve or of
the National Guard; to the Committee on Ways and Means.
Cosponsors added, [24FE], [9MR], [16MR], [10MY]
H.R. 81--
A bill to amend the Internal Revenue Code of 1986 to allow individuals
to direct that part or all of their income tax refunds be
contributed to a trust fund established for the relief of domestic
and international hunger, and to establish a commission to oversee
the distribution of such contributions; to the Committee on Ways and
Means.
Cosponsors added, [1FE]
H.R. 82--
A bill to amend the Internal Revenue Code of 1986 to restore the
deduction for interest on certain educational loans; to the
Committee on Ways and Means.
Cosponsors added, [15JN]
H.R. 84--
A bill to amend the Office of Federal Procurement Policy Act to provide
for the participation of historically black colleges and
universities in federally funded research and development
activities; to the Committee on Government Operations.
[[Page 2570]]
Cosponsors added, [13AP], [19AP], [17JN], [23JN], [14JY]
H.R. 87--
A bill to amend the Federal Election Campaign Act of 1971 to provide for
a voluntary limitation on contributions from other than individual
district residents in House of Representatives elections; to the
Committee on House Administration.
Cosponsors added, [9MR]
H.R. 88--
A bill to provide for the privatization of the United States Postal
Service; to the Committee on Post Office and Civil Service.
Cosponsors added, [3AU]
H.R. 93--
A bill to amend title 18, United States Code, to provide mandatory life
imprisonment for persons convicted of a third violent felony; to the
Committee on the Judiciary.
Cosponsors added, [26JA], [2FE], [24FE]
H.R. 101--
A bill to improve access to health insurance and contain health care
costs, and for other purposes; jointly, to the Committees on Energy
and Commerce; Ways and Means; Education and Labor; the Judiciary.
Cosponsors added, [8FE]
H.R. 104--
A bill to amend the Internal Revenue Code of 1986 to promote investment
in small businesses by providing Federal tax relief and
simplification for such businesses and their investors; to the
Committee on Ways and Means.
Cosponsors added, [21AP]
H.R. 105--
A bill relating to the treatment and disposal of solid waste,
authorizing States to regulate solid waste in interstate commerce,
and for other purposes; to the Committee on Energy and Commerce.
Cosponsors added, [10FE]
H.R. 106--
A bill to amend the Internal Revenue Code of 1986 to repeal the
provision which includes unemployment compensation in income subject
to tax; to the Committee on Ways and Means.
Cosponsors added, [22JY], [28JY]
H.R. 112--
A bill to amend chapter 2 of title III, United States Code, relating to
the office and compensation of the President and related matters; to
the Committee on Post Office and Civil Service.
Cosponsors added, [7FE], [12AP], [1AU]
H.R. 115--
A bill to strengthen the authority to require safe workplaces for
Federal and Postal Service employees, and for other purposes; to the
Committee on Post Office and Civil Service.
Cosponsors added, [2MR], [12AP], [8JN]
Reported with amendment (H. Rept. 103-858), [7OC]
H.R. 122--
A bill to require the Secretary of Housing and Urban Development to
establish energy conservation standards for public housing projects
and to carry out a program to demonstrate the effectiveness of
energy conservation measures in public housing projects; to the
Committee on Banking, Finance and Urban Affairs.
Cosponsors added, [16MR], [1AU]
H.R. 123--
A bill to amend title IV, United States Code, to declare English as the
official language of the Government of the United States; to the
Committee on Education and Labor.
Cosponsors added, [25JA], [11FE], [1MR], [17MR], [13AP], [4MY], [5MY],
[11MY], [23MY], [26MY], [9JN], [15JN], [28JN], [29JN], [22JY],
[22SE], [7OC]
H.R. 124--
A bill to amend the Internal Revenue Code of 1986 to allow a credit to
employers for the cost of providing English language training to
their employees; to the Committee on Ways and Means.
Cosponsors added, [25JA], [11FE], [17MR], [11MY], [23MY], [22JY],
[7OC]
H.R. 125--
A bill to amend the Elementary and Secondary Education Act of 1965 to
authorize programs of child abuse education and prevention, and to
establish a demonstration project relating to child abuse education
and prevention; to the Committee on Education and Labor.
Cosponsors added, [1FE]
H.R. 127--
A bill to amend the Internal Revenue Code of 1986 to restore and make
permanent the exclusion for employer-provided educational
assistance; to the Committee on Ways and Means.
Cosponsors added, [19AP], [14JY], [28JY], [1AU], [2AU], [3AU], [5AU],
[9AU], [12AU], [17AU], [19AU], [12SE], [19SE], [27SE], [7OC]
H.R. 133--
A bill to require Federal agencies to apply value engineering, and for
other purposes; to the Committee on Government Operations.
Cosponsors added, [25JA], [26MY], [1AU], [23SE]
H.R. 140--
A bill to end the practice of imposing unfunded Federal mandates on
State and local governments and to ensure that the Federal
Government pays the costs incurred by those governments in complying
with certain requirements under Federal statutes and regulations; to
the Committee on Government Operations.
Cosponsors added, [3FE], [24FE], [10MR], [24MR], [19AP], [20AP],
[8JN], [13JY], [2AU], [6OC]
Cosponsors removed, [4MY], [17AU], [28SE]
H.R. 141--
A bill to award a congressional gold medal to John Birks ``Dizzy''
Gillespie; to the Committee on Banking, Finance and Urban Affairs.
Cosponsors added, [16MY], [26MY]
H.R. 145--
A bill to authorize and direct the General Accounting Office to audit
the Federal Reserve Board, the Federal Advisory Council, the Federal
Open Market Committee, and Federal Reserve banks and their branches;
to the Committee on Banking, Finance and Urban Affairs.
Cosponsors added, [20AP]
H.R. 146--
A bill to amend the National Foundation on the Arts and the Humanities
Act of 1965 to abolish the National Endowment for the Arts and the
National Council on the Arts; to the Committee on Education and
Labor.
Cosponsors removed, [9JN]
Cosponsors added, [14JY], [20JY], [22JY], [28JY], [1AU]
H.R. 147--
A bill to repeal the statutory authority for the Corporation for Public
Broadcasting; to the Committee on Energy and Commerce.
Cosponsors added, [29JY], [1AU]
H.R. 148--
A bill to amend title 28, United States Code, to clarify the remedial
jurisdiction relating to taxes of inferior Federal courts; to the
Committee on the Judiciary.
Cosponsors added, [21JY]
H.R. 157--
A bill to provide a military survivor annuity for widows of certain
retirement-eligible Reserve members of the uniformed services who
died during the period between the establishment of the military
survivor benefit plan and the creation of the Reserve-component
annuity under that plan; to the Committee on Armed Services.
Cosponsors added, [14JY], [28JY]
H.R. 162--
A bill to amend the Internal Revenue Code of 1986 to extend the
deduction for health insurance costs of self-employed individuals
for an indefinite period, and to increase the amount of such
deduction; to the Committee on Ways and Means.
Cosponsors added, [21SE], [27SE], [30SE], [4OC], [6OC]
H.R. 163--
A bill to require that the Federal Government procure from the private
sector the goods and services necessary for the operations and
management of certain Government agencies, and for other purposes;
to the Committee on Government Operations.
Cosponsors added, [25JA], [9FE], [24FE], [12AP], [14JN], [27JY],
[1AU], [19SE]
H.R. 166--
A bill to eliminate automatic cost-of-living adjustments in rates of pay
for Members of Congress, and to nullify any such adjustment
occurring after December 31, 1992; jointly, to the Committees on
House Administration; Post Office and Civil Service.
Cosponsors added, [25JA], [28JY]
H.R. 167--
A bill to amend title V, United States Code, to eliminate maximum-age
entry requirements for Federal law enforcement officers and
firefighters; to the Committee on Post Office and Civil Service.
Cosponsors added, [23FE], [24FE], [16MR], [8JN]
H.R. 169--
A bill to amend the Internal Revenue Code of 1986 to restore the
deduction for retirement savings for individuals who are active
participants in other retirement plans; to the Committee on Ways and
Means.
Cosponsors added, [11MY]
H.R. 171--
A bill to amend the Internal Revenue Code of 1986 to repeal the income
tax check-off which provides funding for Presidential election
campaigns and to provide a check-off to reduce the public debt; to
the Committee on Ways and Means.
Cosponsors added, [23FE], [24FE], [2MR], [8MR], [13JY]
H.R. 173--
A bill to eliminate the Medicare peer review system; jointly, to the
Committees on Ways and Means; Energy and Commerce.
Cosponsors added, [24FE], [3MR], [8MR], [14JN], [1AU]
Cosponsors removed, [5OC]
H.R. 174--
A bill to amend the Voting Rights Act of 1965 to clarify certain aspects
of its coverage and to provide for the recovery of additional
litigation expenses by litigants; to the Committee on the Judiciary.
Cosponsors added, [29JY]
H.R. 179--
A bill to amend the Internal Revenue Code of 1986 to extend the tax-
exempt status of Christa McAuliffe Fellowships; to the Committee on
Ways and Means.
Cosponsors added, [22SE]
H.R. 193--
A bill to amend title 28 of the United States Code to clarify the
remedial jurisdiction of inferior Federal courts; to the Committee
on Judiciary.
Cosponsors added, [9JN], [25JY], [27JY], [3AU], [5AU], [11AU], [12AU]
H.R. 194--
A bill to withdraw and reserve certain public lands and minerals within
the State of Colorado for military uses, and for other purposes;
jointly, to the Committees on Natural Resources; Armed Services.
Reported with amendment (H. Rept. 103-352), [22AU]
H.R. 200--
A bill to establish the framework for a health care system that will
bring about universal access to affordable, quality health care by
containing the growth in health care costs through a national health
budget, managed competition, and other means, by improving access to
and simplifying the administration of health insurance, by deterring
and prosecuting health care fraud and abuse, by expanding benefits
under the medicare program, by expanding eligibility and increasing
payment levels under the medicaid program, and by making health
insurance available to all children; jointly, to the Committees on
Ways and Means; Energy and Commerce; Education and Labor.
Cosponsors added, [7OC]
H.R. 212--
A bill to nullify the pay raises afforded by the Ethics Reform Act of
1989 (excluding those granted to justices and judges of the United
States); to freeze rates of pay for justices and judges of the
United States for the next 5 years; and to amend the Federal Salary
Act of 1967 to eliminate quadrennial pay adjustments for Members of
Congress and other Government officials under that Act; jointly, to
the Committees on Post Office and Civil Service; House
Administration; the Judiciary; Ways and Means; Rules.
Cosponsors added, [3FE], [24MR], [21AP]
H.R. 214--
A bill to provide that Federal pay be made subject to garnishment; to
the Committee on Post Office and Civil Service.
Cosponsors added, [25JA], [24MR], [9JN], [29JN], [13JY], [26JY],
[29JY], [5AU]
H.R. 216--
A bill to amend title 38, United States Code, to permit the next of kin
of a deceased veteran to designate the style of flag to be furnished
at the burial of such veteran; to the Committee on Veterans'
Affairs.
Cosponsors added, [25JA], [23FE], [13JY], [5AU]
H.R. 224--
A bill to amend section 1977A of the Revised Statutes to equalize the
remedies available to all victims of intentional employment
discrimination, and for other purposes; jointly, to the Committees
on Education and Labor; the Judiciary.
[[Page 2571]]
Cosponsors added, [11FE]
H.R. 225--
A bill to clarify the tax treatment of certain disability benefits
received by former police officers or firefighters; to the Committee
on Ways and Means.
Cosponsors added, [24MR]
H.R. 229--
A bill to authorize the Secretary of Agriculture and the Secretary of
the Interior to declare that a forest health emergency exists on
Federal lands under their jurisdiction, to carry out accelerated
forest health improvement programs to prevent further forest damage
and reduce the risk of disaster wildfires on these lands, and to
implement management strategies designated to produce sustained,
diverse, and healthy forest ecosystems on these lands; jointly, to
the Committees on Agriculture; Natural Resources.
Cosponsors added, [29JY]
H.R. 233--
A bill to apply certain provisions of the Wild and Scenic Rivers Act to
a segment of the North Fork of the Payette River in Idaho; to the
Committee on Natural Resources.
Reported with amendment (H. Rept. 103-804), [3OC]
H.R. 234--
A bill to provide for interim protection of certain lands in the State
of Idaho through their acquisition and management by the Secretary
of the Interior, acting through the Bureau of Land Management; to
the Committee on Natural Resources.
Cosponsors added, [21AP]
H.R. 244--
A bill to amend title XVIII of the Social Security Act to provide for
coverage of prostate cancer screening tests under the Medicare
Program; jointly, to the Committees on Ways and Means; Energy and
Commerce.
Cosponsors added, [24MY]
H.R. 245--
A bill to amend title X, United States Code, to authorize the detail of
personnel of the Department of Defense to assist the Immigration and
Naturalization Service and the U.S. Customs Service perform border
patrol-related activities; jointly, to the Committees on Armed
Services; the Judiciary.
Cosponsors added, [26JA]
H.R. 250--
A bill to amend the Internal Revenue Code of 1986 to provide an employer
a credit against income tax for the cost of providing mammography
screening for his employees; to the Committee on Ways and Means.
Cosponsors added, [13SE]
H.R. 253--
A bill to amend the Internal Revenue Code of 1986 to index the basis of
certain assets for purposes of determining gain or loss and to
exclude from gross income all dividends from domestic corporations;
to the Committee on Ways and Means.
Cosponsors added, [8FE]
H.R. 280--
A bill to amend the National School Lunch Act to remove the requirement
that schools participating in the school lunch program offer
students specific types of fluid milk, and for other purposes; to
the Committee on Education and Labor.
Cosponsors added, [3FE], [24MR]
H.R. 282--
A bill to provide that dependent care assistance benefits be made
available to individuals serving in the legislative branch of the
Government; to the Committee on House Administration.
Cosponsors added, [3FE]
H.R. 290--
A bill to extend health insurance and survivor annuity benefits to
certain former spouses of Federal employees who would not otherwise
be eligible therefor; to the Committee on Post Office and Civil
Service.
Cosponsors added, [4OC]
H.R. 291--
A bill to amend title 10, United States Code, to establish procedures
for determining whether members of the Armed Forces in a missing
status or certain civilian officers and employees are deceased, to
require certain information to be kept in the personnel files of
such persons, and for other purposes; to the Committee on Armed
Services.
Cosponsors added, [25JA], [3MR], [11MR], [22MR], [24MR], [19AP],
[11MY], [24MY], [9JN], [24JN], [13JY], [4AU], [10AU], [12AU], [18AU]
H.R. 292--
A bill to provide for the establishment of a new medical facility for
veterans in south Texas; to the Committee on Veterans' Affairs.
Cosponsors added, [2FE]
H.R. 300--
A bill to amend title II of the Social Security Act to eliminate the
earnings test for individuals who have attained retirement age; to
the Committee on Ways and Means.
Cosponsors added, [2FE], [2MR], [3MR], [23MR], [12AP], [14AP], [19AP],
[21AP], [11MY], [8JN], [9JN], [14JN], [10AU], [29SE]
H.R. 301--
A bill to amend the Congressional Budget Act of 1974 and the Balanced
Budget and Emergency Deficit Control Act of 1985 to establish, for
fiscal years 1994 through 1998, discretionary spending limits for
the defense, international, and domestic categories and maximum
deficit amounts; jointly, to the Committees on Government
Operations; Rules.
Cosponsors added, [25JA], [12AP], [21JN], [2AU], [29NO]
H.R. 302--
A bill to provide that the flag of the United States should be displayed
at half-staff on all Government buildings on Peace Officers Memorial
Day, and for other purposes; to the Committee on the Judiciary.
Cosponsors added, [25JA], [1FE], [3FE], [8FE], [23FE], [2MR], [9MR],
[21MR], [12AP], [28AP], [17MY], [13JN], [13JY]
H.R. 303--
A bill to amend title 38, United States Code, to permit retired members
of the Armed Forces who have service-connected disabilities to
receive compensatiion from the Department of Veterans Affairs
concurrently with retired pay, without deduction from either;
jointly, to the Committees on Veterans' Affairs; Armed Services.
Cosponsors added, [25JA], [24FE], [9MR], [13AP], [21AP], [28AP],
[18MY], [19SE]
H.R. 304--
A bill to amend title 5, United States Code, to deny annuity benefits
with respect to any Member of Congress convicted of a felony; to the
Committee on Post Office and Civil Service.
Cosponsors added, [25JA], [8JN]
H.R. 306--
A bill to amend the Internal Revenue Code of 1986 and title II of the
Social Security Act to reduce social security taxes and to provide
for the establishment of individual social security retirement
accounts funded by payroll deductions and employer contributions
equal to the amount of the tax reduction; jointly, to the Committees
on Ways and Means; Education and Labor.
Cosponsors added, [9FE], [9MR], [12AP]
Cosponsors removed, [25MY]
H.R. 322--
A bill to modify the requirements applicable to locatable minerals on
public domain lands, consistent with the principles of self-
initiation of mining claims, and for other purposes; to the
Committee on Natural Resources.
House disagreed to Senate amendment and agreed to a conference.
Conferees appointed, [17MY]
H.R. 323--
A bill to require the Congress and the President to use the spending
levels for the current fiscal year (without adjustment for
inflation) in the preparation of the budget for each new fiscal year
in order to clearly identify spending increases from one fiscal year
to the next fiscal year; jointly, to the Committees on Government
Operations; Rules.
Cosponsors added, [26JA], [12AP], [4AU], [12SE]
H.R. 325--
A bill to amend the Internal Revenue Code of 1986 to extend and modify
the targeted jobs credit; to the Committee on Ways and Means.
Cosponsors added, [17MY], [7OC]
H.R. 326--
A bill to amend the Internal Revenue Code of 1986 to make the exclusion
for amounts received under group legal services plans permanent; to
the Committee on Ways and Means.
Cosponsors added, [2FE], [8FE], [22MR], [14AP], [3MY], [17MY], [13JY],
[5AU], [12AU], [26SE], [7OC]
H.R. 330--
A bill to amend the Federal Election Campaign Act of 1971 to further
restrict contributions to candidates by multicandidate political
committees, require full disclosure of attempts to influence Federal
elections through ``soft money'' and independent expenditures,
correct inequities resulting from personal financing of campaigns,
strengthen the role of political parties, and contain the cost of
political campaigns; jointly, to the Committees on House
Administration; Energy and Commerce.
Cosponsors added, [23MR]
H.R. 340--
A bill to amend the Federal Water Pollution Control Act relating to
Federal facilities pollution control; to the Committee on Public
Works and Transportation.
Cosponsors added, [28AP]
H.R. 345--
A bill to amend title XVIII of the Social Security Act to extend and
improve the ban on physician referrals to health care providers with
which the physician has a financial relationship; jointly, to the
Committees on Ways and Means; Energy and Commerce.
Cosponsors added, [25JA], [19JY]
H.R. 346--
A bill to require that the United States Government hold certain
discussions and report to the Congress with respect to the secondary
boycott of Israel by Arab countries; jointly, to the Committees on
Ways and Means; Foreign Affairs.
Cosponsors added, [28FE], [16MY], [7OC]
H.R. 349--
A bill to make applicable to the Congress certain laws relating to the
terms and conditions of employment, the health and safety of
employees, and the rights and responsibilities of employers and
employees, and for other purposes; jointly, to the Committees on
House Administration; Education and Labor; the Judiciary; Government
Operations; Ways and Means; Rules.
Cosponsors added, [1FE], [2FE], [22FE], [16MR], [13AP], [15JN],
[28JN], [12JY], [12SE]
H.R. 350--
A bill to amend the Federal Water Pollution Control Act to further the
protection of wetlands, and for other purposes; jointly, to the
Committees on Public Works and Transportation; Merchant Marine and
Fisheries; Ways and Means.
Cosponsors added, [25JA], [14AP]
H.R. 358--
A bill to create a national commission to support law enforcement; to
the Committee on the Judiciary.
Cosponsors added, [26JA]
H.R. 359--
A bill to improve the administration of the Women's Rights National
Historical Park in the State of New York, and for other purposes; to
the Committee on Natural Resources.
Cosponsors added, [26JA], [24MR], [2MY], [26MY]
Reported with amendment (H. Rept. 103-814), [3OC]
H.R. 369--
A bill to provide that no State or local government shall be obligated
to take any action required by Federal law enacted after the date of
the enactment of this act unless the expenses of such government in
taking such action are funded by the United States; to the Committee
on Government Operations.
Cosponsors added, [8MR]
H.R. 372--
A bill to establish a program to stimulate the U.S. economy; jointly, to
the Committees on Public Works and Transportation; Small Business;
Ways and Means; Armed Services; Foreign Affairs; Science, Space, and
Technology.
Cosponsors added, [8MR]
H.R. 391--
A bill to provide that rates of pay for Members of Congress shall not be
subject to adjustment under the Federal Salary Act of 1967 or
subject to any other automatic adjustment; jointly, to the
Committees on Post Office and Civil Service; House Administration.
Cosponsors added, [1AU]
H.R. 392--
A bill to provide that increases in the rate of compensation for Members
of the House of Representatives and the Senate shall not take effect
until the start of the Congress following the Congress in which such
increases are approved; jointly, to the Committees on Post Office
and Civil Service; House Administration.
Cosponsors added, [2FE], [19JY]
H.R. 393--
A bill to prohibit the commercial harvesting of Atlantic striped bass in
the coastal waters and
[[Page 2572]]
the exclusive economic zone; to the Committee on Merchant Marine and
Fisheries.
Cosponsors added, [8FE], [21AP], [28AP], [18MY], [29SE]
H.R. 401--
A bill to amend the Internal Revenue Code of 1986 to provide a Federal
income tax credit for tuition; to the Committee on Ways and Means.
Cosponsors added, [1FE], [19AP], [26MY]
H.R. 402--
A bill to amend the Internal Revenue Code of 1986 to allow a credit
against income tax for the purchase of a principal residence by a
first-time homebuyer; to the Committee on Ways and Means.
Cosponsors added, [19JY]
H.R. 404--
A bill to repeal the provisions in the Internal Revenue Code of 1986
relating to the inclusion of Social Security and certain railroad
retirement benefits in gross income to the extent such provisions do
not apply to nonresident aliens; to the Committee on Ways and Means.
Cosponsors added, [28JN]
H.R. 407--
A bill to amend title 2, United States Code, to provide that an increase
in the rate of pay for Members of Congress may not go into effect
following a budget deficit in the preceding fiscal year; to the
Committee on House Administration.
Cosponsors removed, [26MY]
H.R. 408--
A bill to provide a veterans bill of rights; to the Committee on
Veterans' Affairs.
Cosponsors added, [25JA], [2MR], [19MY]
H.R. 411--
A bill to prohibit a State from imposing an income tax on the pension
income of individuals who are not residents or domiciliaries of that
State; to the Committee on the Judiciary.
Cosponsors added, [25JA], [3MR], [12AP], [11MY], [13JN], [5AU], [12SE]
H.R. 412--
A bill to prohibit the expenditures of Federal funds for constructing or
modifying highway signs that are expressed only in metric system
measurements; to the Committee on Public Works and Transportation.
Cosponsors added, [21MR]
H.R. 417--
A bill to amend the Securities Exchange Act of 1934 in order to reform
private enforcement of the Federal securities laws, and for other
purposes; to the Committee on Energy and Commerce.
Cosponsors added, [26JA], [1FE], [8FE], [23FE], [3MR], [18MR], [23MR],
[24MR], [13AP], [14AP], [28AP], [11MY], [19MY], [23MY], [26MY],
[16JN], [23JN], [14JY], [19JY], [26JY], [28JY], [8AU], [9AU],
[13SE], [22SE], [5OC], [7OC], [29NO]
Cosponsors removed, [10MR]
H.R. 420--
A bill to require the Secretary of the Treasury to perform a study of
the structures, operations, practices, and regulations of Japan's
capital and securities markets, and their implications for the
United States; jointly, to the Committees on Energy and Commerce;
Banking, Finance and Urban Affairs.
Cosponsors added, [4OC]
H.R. 421--
A bill to amend title XVIII of the Social Security Act to permit
separate payment under part B of the Medicare Program for the
interpretation of electrocardiograms provided by a physician during
a visit and for other purposes; jointly, to the Committees on Ways
and Means; Energy and Commerce.
Cosponsors added, [11MY]
H.R. 425--
A bill to amend title XIX of the Social Security Act to require State
Medicaid plans to provide coverage of screening mammography; to the
Committee on Energy and Commerce.
Cosponsors added, [16MR], [23MY], [14JN], [21SE]
H.R. 426--
A bill to amend the Public Health Service Act to establish a program to
educate the public on prostate cancer; to the Committee on Energy
and Commerce.
Cosponsors added, [23MY]
H.R. 427--
A bill to amend title XVIII of the Social Security Act to provide for
coverage of annual screening mammography under part B of the
Medicare Program for women 65 years of age or older; jointly, to the
Committees on Ways and Means; Energy and Commerce.
Cosponsors added, [3MR], [16MR], [23MY], [14JN], [21SE]
H.R. 429--
A bill to amend the Internal Revenue Code of 1986 to allow individuals
to designate that up to 10 percent of their income tax liability be
used to reduce the national debt, and to require spending reductions
equal to the amounts so designated; jointly, to the Committees on
Ways and Means; Government Operations.
Cosponsors added, [1FE], [18AP], [1AU], [8AU]
H.R. 431--
A bill to prohibit discrimination on account of sexual orientation;
jointly, to the Committees on the Judiciary; Education and Labor.
Cosponsors added, [1FE], [22MR], [23MR], [26AP], [28JN]
H.R. 436--
A bill to amend the Internal Revenue Code of 1986 to increase the amount
of the exemption for dependent children under age 18 to $3,500, and
for other purposes; to the Committee on Ways and Means.
Cosponsors added, [19AP], [7OC]
H.R. 438--
A bill to amend title XIX of the Social Security Act to establish
Federal standards for long-term care insurance policies; to the
Committee on Energy and Commerce.
Cosponsors added, [7OC]
H.R. 439--
A bill to amend title 18, United States Code, to provide a penalty
enhancement for the use of juveniles in Federal offenses; to the
Committee on the Judiciary.
Cosponsors added, [22FE], [28FE], [2MR], [11MR], [16MR]
H.R. 441--
A bill to terminate the space station Freedom Program; to the Committee
on Science, Space, and Technology.
Cosponsors added, [25JA], [8FE], [10MR], [13AP], [14AP], [29JY],
[12SE]
H.R. 455--
A bill to amend title IV of the Social Security Act to remove the
barriers and disincentives in the program of aid to families with
dependent children that prevent recipients of such aid from moving
toward self-sufficiency; to the Committee on Ways and Means.
Cosponsors added, [2MR], [30JN]
H.R. 457--
A bill to provide for the conveyance of lands to certain individuals in
Butte County, CA; to the Committee on Natural Resources.
Reported (H. Rept. 103-426), [27SE]
H.R. 462--
A bill to amend the Internal Revenue Code of 1986 to provide a permanent
extension of the mortgage revenue bond program; to the Committee on
Ways and Means.
Cosponsors added, [27SE]
H.R. 465--
A bill to authorize the Secretary of the Treasury to enter into
contracts to procure services for locating Federal amounts in
dormant accounts in financial institutions; to the Committee on
Government Operations.
Cosponsors added, [25JA], [29JN], [30JN], [21JY], [1AU]
H.R. 467--
A bill to establish the Commission on the Advancement of Women in the
Science and Engineering Work Forces; to the Committee on Education
and Labor.
Cosponsors added, [25JA], [10FE], [24MR]
H.R. 476--
A bill to amend title 5, United States Code, to provide veterans'
preference eligibility with respect to individuals who served on
active duty in the Armed Forces during the Persian Gulf war, and for
other purposes; to the Committee on Post Office and Civil Service.
Cosponsors added, [25JA], [7FE], [2MR], [12AP], [8JN]
H.R. 479--
A bill to amend the Internal Revenue Code of 1986 to provide that
military personnel stationed outside the United States are no longer
excluded from the earned income credit, and for other purposes; to
the Committee on Ways and Means.
Cosponsors added, [3MR]
H.R. 485--
A bill to amend the Elementary and Secondary Education Act of 1965 to
provide grants for parents as teachers programs; to the Committee on
Education and Labor.
Cosponsors added, [22MR]
H.R. 488--
A bill to establish an annual essay contest for high school seniors in
the United States; to the Committee on House Administration.
Cosponsors added, [19MY], [27JN], [11AU]
H.R. 493--
A bill to give the President legislative, line-item veto rescission
authority over appropriation bills and targeted tax benefits in
revenue bills; jointly, to the Committees on Government Operations;
Rules.
Cosponsors added, [1FE], [2MR], [28AP]
H.R. 494--
A bill to provide that members of the Armed Forces performing services
in the relief effort in Somalia shall be entitled to certain tax
benefits in the same manner as if such services were performed in a
combat zone; to the Committee on Ways and Means.
Cosponsors added, [9FE], [2MR], [14JN], [28JY], [4AU]
H.R. 500--
A bill to amend the Internal Revenue Code of 1986 to enhance tax equity
and fairness by imposing an alternative minimum tax on corporations
importing products into the United States at artificially inflated
prices; to the Committee on Ways and Means.
Cosponsors added, [14JN], [30JN]
H.R. 502--
A bill to prohibit the expenditure of Federal funds on metric system
highway signing; to the Committee on Public Works and
Transportation.
Cosponsors added, [26JA], [24MR], [20JY], [1AU]
H.R. 507--
A bill to amend the Internal Revenue Code of 1986 to permit loans from
individual retirement plans for certain first-time home buyer,
education, and medical emergency expenses; to the Committee on Ways
and Means.
Cosponsors added, [13SE], [19SE]
H.R. 508--
A bill to amend the Internal Revenue Code of 1986 to provide tax
incentives to encourage corporations to provide financing and
management support services to small business concerns operating in
urban areas designated as enterprise zones; to the Committee on Ways
and Means.
Cosponsors added, [25JA]
H.R. 509--
A bill to amend the Federal Food, Drug, and Cosmetic Act to establish
provisions regarding the composition and labeling of dietary
supplements; to the Committee on Energy and Commerce.
Cosponsors added, [2FE], [23FE], [22SE]
H.R. 512--
A bill to amend chapter 87 of title 5, United States Code, to provide
that group life insurance benefits under such chapter may, upon
application, be paid out to an insured individual who is terminally
ill, and for other purposes; to the Committee on Post Office and
Civil Service.
Cosponsors added, [23FE], [18AP], [19AP], [21AP], [17MY], [23MY]
Reported with amendment (H. Rept. 103-608), [18JY]
Rules suspended. Passed House amended, [19JY]
Passed Senate amended, [7OC]
House agreed to Senate amendments, [7OC]
Presented to the President (October 18, 1994)
Approved [Public Law 103-409] (signed October 25, 1994)
H.R. 518--
A bill to designate certain lands in the California desert as
wilderness, to establish the Death Valley and Joshua Tree National
Parks and the Mojave National Monument, and for other purposes; to
the Committee on Natural Resources.
Cosponsors added, [1FE], [24FE], [10MR], [13AP], [28AP], [3MY], [5MY]
Reported with amendment (H. Rept. 103-498), [10MY]
Referred to the Committee on Merchant Marine and Fisheries, [11MY]
Committee discharged, [11MY]
Considered, [17MY], [10JN], [13JN], [12JY], [13JY], [14JY]
Passed House amended, [27JY]
Laid on the table (S. 21 passed in lieu), [27JY]
H.R. 519--
A bill to prohibit grants under the community development block grant
program to communities that fail to adopt a policy of enforcing laws
that prevent the use or threat of force against individuals
[[Page 2573]]
for exercise of abortion rights; to the Committee on Banking,
Finance and Urban Affairs.
Cosponsors added, [6OC]
H.R. 520--
A bill to establish a program of grants for the provision of coordinated
educational support services to at-risk youth; to the Committee on
Education and Labor.
Cosponsors added, [9FE], [19JY], [20JY]
H.R. 521--
A bill to reauthorize the National Writing Project, and for other
purposes; to the Committee on Education and Labor.
Cosponsors added, [3FE], [24MR]
H.R. 522--
A bill to provide a grant to a nonprofit private organization to
establish and operate a national domestic violence hotline; to the
Committee on Education and Labor.
Cosponsors added, [16MR]
H.R. 524--
A bill to allow a deduction for the amount of the premiums paid on a
life insurance contract the beneficiary of which is a trust
established for the benefit of a disabled individual, and for other
purposes; to the Committee on Ways and Means.
Cosponsors added, [8JN]
H.R. 538--
A bill to provide assistance to local educational agencies for the
prevention and reduction of violent crime in elementary and
secondary schools; to the Committee on Education and Labor.
Cosponsors added, [13AP]
H.R. 539--
A bill to amend the Internal Revenue Code of 1986 to provide that the
deduction for depreciation shall be computed on a neutral cost
recovery basis, and for other purposes; to the Committee on Ways and
Means.
Cosponsors added, [2FE], [13SE], [7OC]
H.R. 543--
A bill to remove the restrictions on the export of Alaskan North Slope
oil; jointly, to the Committees on Foreign Affairs; Energy and
Commerce; Natural Resources.
Cosponsors added, [3FE], [8FE], [9FE], [23FE]
H.R. 544--
A bill to amend title 18, United States Code, to prohibit the transfer
of 2 or more handguns to an individual in any 30-day period; to the
Committee on the Judiciary.
Cosponsors added, [26JA]
H.R. 546--
A bill to limit State taxation of certain pension income, and for other
purposes; to the Committee on the Judiciary.
Cosponsors added, [9FE], [20AP], [4MY], [11MY], [4AU]
Reported with amendment (H. Rept. 103-776), [3OC]
Rules suspended. Passed House amended, [3OC]
H.R. 549--
A bill to amend the formula for determining the official mail allowance
for Members, and for other purposes; to the Committee on House
Administration.
Cosponsors added, [19AP]
H.R. 551--
A bill to provide for the granting of asylum in the United States to
nationals of Laos, Vietnam, Cambodia, and Burma who assist in the
return to the United States of living Vietnam POW/MIA's; to the
Committee on the Judiciary.
Cosponsors added, [14AP], [11MY]
H.R. 553--
A bill to amend title II of the Social Security Act to provide that a
monthly insurance benefit thereunder shall be paid for the month in
which the recipient dies and that such benefit shall be payable for
such month only to the extent proportionate to the number of days in
such month preceding the date of the recipient's death; to the
Committee on Ways and Means.
Cosponsors added, [2FE]
H.R. 559--
A bill to amend the Packers and Stockyards Act, 1921, to make it
unlawful for any stockyard owner, market agency, or dealer to
transfer or market nonambulatory livestock, and for other purposes;
to the Committee on Agriculture.
Cosponsors added, [13JY], [21SE], [23SE], [26SE], [7OC]
H.R. 561--
A bill to ensure that Federal agencies establish the appropriate
procedures for assessing whether or not Federal regulations might
result in the taking of private property, and to direct the
Secretary of Agriculture to report to the Congress with respect to
such takings under programs of the Department of Agriculture;
jointly, to the Committees on the Judiciary; Agriculture.
Cosponsors added, [22FE], [30JN], [3AU]
H.R. 562--
A bill to amend the Internal Revenue Code of 1986 to deny the deduction
for medical expenses incurred for an abortion; to the Committee on
Ways and Means.
Cosponsors added, [25JA]
H.R. 563--
A bill to amend the Internal Revenue Code of 1986 to allow a deduction
for adoption expenses; to the Committee on Ways and Means.
Cosponsors added, [25JA]
H.R. 566--
A bill to amend title 10, United States Code, to provide that the
crediting of years of service for purposes of computing the retired
and retainer pay of enlisted members of the Armed Forces shall be
made in the same manner as applies to officers; to the Committee on
Armed Services.
Cosponsors added, [18AP], [29JY]
H.R. 567--
A bill to amend the Internal Revenue Code of 1986 to increase the dollar
limitation on the 1-time exclusion of gain from sale of a principal
residence by individuals who have attained age 55, to increase the
amount of the unified estate and gift tax credits, and to reduce the
tax on capital gains; to the Committee on Ways and Means.
Cosponsors added, [21MR]
H.R. 572--
A bill for the relief of Melissa Johnson; to the Committee on the
Judiciary.
Passed Senate, [15JY]
Presented to the President (July 21, 1994)
Approved [Private Law 103-3] (signed August 1, 1994)
H.R. 585--
A bill to amend the Marine Mammal Protection Act of 1972 to provide for
State disapproval of issuance of permits for the taking of marine
mammals in protected State waters; to the Committee on Merchant
Marine and Fisheries.
Cosponsors added, [11FE]
H.R. 586--
A bill to provide for a Federal Open Market Advisory Committee, and for
other purposes; to the Committee on Banking, Finance and Urban
Affairs.
Cosponsors added, [28FE]
H.R. 587--
A bill to modernize the Federal Reserve System and to provide for prompt
disclosure of certain decisions of the Federal Open Market
Committee; jointly, to the Committees on Banking, Finance and Urban
Affairs; Government Operations.
Cosponsors added, [21MR], [22SE]
H.R. 591--
A bill to amend the Internal Revenue Code of 1986 to provide an
exemption from income tax for certain common investment funds; to
the Committee on Ways and Means.
Cosponsors added, [10FE], [23FE]
H.R. 615--
A bill to amend the Public Health Service Act with respect to research
on breast cancer; to the Committee on Energy and Commerce.
Cosponsors added, [13JN]
H.R. 624--
A bill to establish a commission to advise the President on proposals
for national commemorative events; to the Committee on Post Office
and Civil Service.
Cosponsors added, [9MR]
H.R. 627--
A bill to deny funds to educational programs that allow corporal
punishment; to the Committee on Education and Labor.
Cosponsors added, [10AU]
H.R. 630--
A bill to amend the Fair Credit Reporting Act to require prompt
disclosure by any consumer reporting agency to any consumer of
adverse information relating to such consumer which is received by
such agency; to the Committee on Banking, Finance and Urban Affairs.
Cosponsors added, [23FE], [3MR], [10MR]
H.R. 633--
A bill to amend the Internal Revenue Code of 1986 to allow a deduction
from gross income for home care and adult day and respite care
expenses of individual taxpayers with respect to a dependent of the
taxpayer who suffer from Alzheimer's disease or related organic
brain disorders; to the Committee on Ways and Means.
Cosponsors added, [25JA]
H.R. 635--
A bill to amend title 10, United States Code, to repeal the social
security offset applicable to certain annuities for surviving
spouses paid under the Survivor Benefit Plan for retired members of
the Armed Forces to the extent that such offset is due to Social
Security benefits based on the surviving spouse's own earnings or
self-employment; to the Committee on Armed Services.
Cosponsors added, [13AP], [14AP], [6OC]
H.R. 636--
A bill to amend title 10, United States Code, to restore the CHAMPUS
eligibility of certain members and former members of the uniformed
services, and their dependents, who are currently excluded from
benefits under CHAMPUS because of their entitlement to hospital
insurance benefits under Medicare; to the Committee on Armed
Services.
Cosponsors added, [19JY]
H.R. 642--
A bill to provide that for taxable years beginning before 1980 the
Federal income tax deductibility of flight training expenses shall
be determined without regard to whether such expenses were
reimbursed through certain veterans educational assistance
allowances; to the Committee on Ways and Means.
Cosponsors added, [11MR], [28JN], [12JY], [19JY], [20JY], [3AU], [6OC]
H.R. 643--
A bill to raise grazing fees on public lands, and for other purposes; to
the Committee on Natural Resources.
Cosponsors added, [25JA], [2FE], [13AP], [25JY]
H.R. 647--
A bill to establish the Social Security Administration as an independent
agency, which shall be headed by a Social Security Board, and which
shall be responsible for the administration of the Old-Age,
Survivors, and Disability Insurance Program under title II of the
Social Security Act and the Supplemental Security Income Program
under title XVI of such act; to the Committee on Ways and Means.
Cosponsors added, [21AP], [28AP], [23JN]
H.R. 649--
A bill to amend the Poultry Products Inspection Act to require the
slaughter of poultry in accordance with humane methods; to the
Committee on Agriculture.
Cosponsors added, [25JA], [14AP]
H.R. 654--
A bill to require the Secretary of the Treasury to mint coins in
commemoration of the 200th Anniversary of the establishment of the
U.S. Mint and the commencement of our national coinage; to the
Committee on Banking, Finance and Urban Affairs.
Cosponsors added, [23FE], [22JY], [27JY], [12AU], [21SE], [4OC]
H.R. 656--
A bill to provide more effective protection for marine mammals; to the
Committee on Merchant Marine and Fisheries.
Cosponsors added, [25JA]
H.R. 657--
A bill to repeal the prohibition in the Department of Defense
Appropriations Act, 1993, on purchasing any lock which has not been
certified as passing certain security lock specifications, and to
prohibit the Secretary of Defense from carrying out a retrofit
program to replace locks which do not meet such specifications; to
the Committee on Armed Services.
Cosponsors added, [23FE], [11MR], [12AP], [28JY], [29JY], [1AU]
H.R. 662--
A bill to limit United States contributions to the United Nations; to
the Committee on Foreign Affairs.
Cosponsors added, [1FE], [20AP], [29JN], [20JY], [28JY], [8AU]
H.R. 665--
A bill to amend title 18, United States Code, to provide that fraud
against insurance companies will be subject to strong Federal
criminal and civil penalties; to the Committee on the Judiciary.
Cosponsors added, [17MR]
Reported with amendments (H. Rept. 103-468), [12AP]
[[Page 2574]]
H.R. 672--
A bill to provide for adherence with the MacBride Principles by United
States persons doing business in Northern Ireland; jointly, to the
Committees on Foreign Affairs; Ways and Means; Rules.
Cosponsors added, [2FE], [16MR], [18MR], [23MY], [23JN], [11AU],
[20SE], [6OC]
H.R. 676--
A bill to amend the amount of grants received under chapter 1 of title I
of the Elementary and Secondary Education Act of 1965; to the
Committee on Education and Labor.
Cosponsors added, [23FE]
H.R. 688--
A bill to prevent and punish sexual violence and domestice violence, to
assist and protect the victims of such crimes, to assist State and
local efforts, and for other purposes; to the Committee on the
Judiciary.
Cosponsors added, [25JA], [11MR], [13AP], [25JY], [2AU]
H.R. 692--
A bill to amend the Fair Labor Standards Act of 1938 to increase the
minimum wage and to provide for an increase in such wage based on
the cost of living; to the Committee on Education and Labor.
Cosponsors added, [2MY], [25MY], [1AU], [23SE]
H.R. 702--
A bill to limit State taxation of certain pension income, and for other
purposes; to the Committee on the Judiciary.
Cosponsors added, [25JA], [2FE], [8FE], [23FE], [2MR], [8MR], [10MR],
[23MR], [12AP], [21AP], [4MY], [11MY], [18MY], [26MY], [8JN],
[10JN], [15JN], [28JN], [12JY], [13SE], [19SE], [23SE], [3OC]
H.R. 703--
A bill to provide for pilot programs conducted by the Federal Prison
Industries to test the feasibility of meeting the need for increased
employment of Federal prisoners by producing items, for the private
market, in conjunction with private U.S. firms, that would otherwise
be produced by foreign labor; to the Committee on the Judiciary.
Cosponsors added, [25JA], [2MR]
H.R. 710--
A bill to protect children from exposure to environmental tobacco smoke
in the provision of children's services, to require the
Administrator of the Environmental Protection Agency to promulgate
guidelines for instituting nonsmoking policy in buildings owned or
leased by Federal agencies, and for other purposes; to the Committee
on Energy and Commerce.
Cosponsors added, [14AP], [20AP]
H.R. 712--
A bill to require certain entities receiving United States funds from
the International Fund for Ireland to comply with the MacBride
principles; to the Committee on Foreign Affairs.
Cosponsors added, [12MY]
H.R. 716--
A bill to amend title 31, United States Code, to establish an interest
penalty for failure to make prompt payments under service contracts
with small business concerns; to the Committee on Government
Operations.
Cosponsors added, [11MY]
H.R. 723--
A bill to amend the Immigration and Nationality Act to expedite the
deportation and exclusion of criminal aliens; to the Committee on
the Judiciary.
Cosponsors added, [25JA], [29JN], [27JY], [1AU], [4AU]
H.R. 734--
A bill to amend the act entitled ``An act to provide for the extension
of certain Federal benefits, services, and assistance to the Pascua
Yaqui Indians of Arizona, and for other purposes''; to the Committee
on Natural Resources.
Passed Senate amended, [19AU]
Rules suspended. House agreed to Senate amendment, [3OC]
Presented to the President (October 6, 1994)
Approved [Public Law 103-357] (signed October 14, 1994)
H.R. 737--
A bill to provide for the manufacturer or importer of a handgun or an
assault weapon to be held strictly liable for damages that result
from the use of the handguns or assault weapon, and to amend the
Internal Revenue Code of 1986 to increase the excise tax on firearms
and use aP
portion of the revenues from such tax to assist hospitals in urban
areas to provide medical care to gunshot victims who are not covered
under any health plan; jointly, to the Committees on the Judiciary;
Ways and Means.
Cosponsors added, [9FE], [21AP]
H.R. 739--
A bill to amend title 4, United State Code, to declare English as the
official language of the Government of the United States; to the
Committee on Education and Labor.
Cosponsors added, [25JA], [2FE], [19AP], [5AU], [29SE]
H.R. 743--
A bill to amend the National Park Service Concession Policy Act to
foster competition among concessions, to improve management of
concessions consistent with the preservation of resources and the
purposes of the National Park System, and for other purposes; to the
Committee on Natural Resources.
Cosponsors added, [25JA], [2FE], [13AP], [13JY], [28JY]
H.R. 746--
A bill to establish the Shenandoah Valley National Battlefields and
Commission in the Commonwealth of Virginia, and for other purposes;
to the Committee on Natural Resources.
Cosponsors added, [25JA], [2MR], [27JY], [19AU], [28SE]
H.R. 749--
A bill to amend the Internal Revenue Code of 1986 to encourage
investment in real estate and for other purposes; to the Committee
on Ways and Means.
Cosponsors added, [19JY]
H.R. 762--
A bill to amend the Controlled Substances Act to increase penalties for
the distribution of controlled substances at truck stops and rest
areas; jointly, to the Committees on Energy and Commerce; the
Judiciary.
Cosponsors added, [9FE]
H.R. 763--
A bill to encourage the establishment of free trade areas between the
United States and certain Pacific Rim countries; to the Committee on
Ways and Means.
Cosponsors added, [26JA], [21AP]
H.R. 769--
A bill to amend title XVIII of the Social Security Act to limit the
penalty for late enrollment under Medicare Program to 10 percent and
twice the period of no enrollment; jointly, to the Committees on
Ways and Means; Energy and Commerce.
Cosponsors added, [25JA], [24FE], [8MR], [16MR], [14AP], [11MY]
H.R. 773--
A bill to amend the Internal Revenue Code of 1986 and the Social
Security Act to repeal provisions relating to the State enforcement
of child support obligations and to require the Internal Revenue
Service to collect child support through wage withholding; to the
Committee on Ways and Means.
Cosponsors added, [9FE], [9MR], [24MR], [11MY]
H.R. 777--
A bill to amend the Internal Revenue Code of 1986 to provide for a
maximum long-term capital gains rate of 15 percent and indexing the
basis of certain capital assets; to the Committee on Ways and Means.
Cosponsors added, [10MR]
H.R. 778--
A bill to amend the Internal Revenue Code of 1986 to provide for the
treatment of certain amounts received by cooperative telephone
companies; to the Committee on Ways and Means.
Cosponsors added, [26MY], [16AU], [20SE]
H.R. 780--
A bill to reauthorize the Magnuson Fishery Conservation and Management
Act; to the Committee on Merchant Marine and Fisheries.
Cosponsors added, [23AU], [13SE]
H.R. 783--
A bill to amend title III of the Immigration and Nationality Act to make
changes in the laws relating to nationality and naturalization; to
the Committee on the Judiciary.
House agreed to Senate amendment with an amendment (pursuant to H.
Res. 533), [20SE]
Senate agreed to House amendment to Senate amendment with amendments,
[6OC]
House agreed to Senate amendments to House amendment to Senate
amendment, [7OC]
Presented to the President (October 18, 1994)
Approved [Public Law 103-416] (signed October 25, 1994)
H.R. 784--
A bill to amend the Internal Revenue Code of 1986 to clarify that
conservation expenditures by electric and gas utilities are
deductible for the year in which paid or incurred; to the Committee
on Ways and Means.
Cosponsors added, [25JA], [10FE], [11MY]
H.R. 786--
A bill to amend the Internal Revenue Code of 1986 to clarify the
exclusion from gross income for veterans' benefits; to the Committee
on Ways and Means.
Cosponsors added, [7FE], [9FE], [2MR], [15MR], [17MR], [8JN], [12SE]
H.R. 790--
A bill to provide for the termination of further production of the
Trident II (D5) missile; to the Committee on Armed Services.
Cosponsors added, [25JA], [1FE], [10MR], [24MR], [14AP], [18AP],
[19AP], [20AP], [25AP], [26AP], [4MY], [5MY], [16MY], [25JY], [28JY]
H.R. 794--
A bill to amend the Small Business Act to authorize small business
concerns owned and controlled by individuals with disabilities to
participate in business development programs established by that
act, and for other purposes; to the Committee on Small Business.
Cosponsors added, [1FE], [2FE], [3FE], [10FE], [23FE], [11MR], [22MR],
[13AP], [3MY], [5MY], [16MY], [15JN]
H.R. 795--
A bill to amend the Harmonized Tariff Schedule of the United States to
exclude certain footwear assembled in beneficiary counties from
duty-free treatment; to the Committee on Ways and Means.
Cosponsors added, [23JN]
H.R. 796--
A bill to assure freedom of access to clinic entrances; to the Committee
on the Judiciary.
Laid on the table (S. 636 passed in lieu), [17MR]
H.R. 799--
A bill to amend title 23, United States Code, to repeal a penalty for
noncompliance by States with a program requiring the use of safety
belts and motorcycle helmets; to the Committee on Public Works and
Transportation.
Cosponsors added, [8FE], [3MR], [28AP], [10MY], [11MY], [12MY],
[25MY], [9JN], [26JY], [29JY], [10AU], [18AU], [19SE], [20SE]
H.R. 803--
A bill to establish the Hudson River Artists National Historical Park in
the State of New York, and for other purposes; to the Committee on
Natural Resources
Cosponsors added, [21JY]
H.R. 808--
A bill for the relief of James B. Stanley; to the Committee on the
Judiciary.
Passed Senate, [8OC]
Presented to the President (October 18, 1994)
Approved [Private Law 103-8] (signed October 25, 1994)
H.R. 810--
A bill for the relief of Elizabeth M. Hill; to the Committee on the
Judiciary.
Reported (H. Rept. 103-603), [14JY]
Passed House, [2AU]
Passed Senate, [4OC]
Presented to the President (October 7, 1994)
Approved [Private Law 103-5] (signed October 18, 1994)
H.R. 811--
A bill to reauthorize the independent counsel law for an additional 5
years, and for other purposes; to the Committee on the Judiciary.
Considered, [8FE]
Passed House amended, [10FE]
Laid on the table (S. 24 passed in lieu), [10FE]
H.R. 814--
A bill to eliminate the outdated price support and production adjustment
program for honey, and for other purposes; to the Committee on
Agriculture.
Cosponsors added, [25JA], [26AP], [1AU]
H.R. 818--
A bill to amend title VI of the Omnibus Budget Reconciliation Act of
1981 to establish a community services empowerment program; to the
Committee on Education and Labor.
Cosponsors added, [25JA], [13AP]
H.R. 820--
A bill to amend the Stevenson-Wydler Technology Innovation Act of 1980
to enhance manufac-P
[[Page 2575]]
turing technology development and transfer, to authorize
appropriations for the Technology Administration of the Department
of Commerce, including the National Institute of Standards and
Technology, and for other purposes; to the Committee on Science,
Space, and Technology.
Passed Senate amended (in lieu of S. 4), [16MR]
Senate insisted on its amendment and asked for a conference, [16MR]
House disagreed to Senate amendment and agreed to a conference, [19JY]
Change of Conferees, [25JY]
H.R. 821--
A bill to amend title 38, United States Code, to extend eligibility for
burial in national cemeteries to persons who have 20 years of
service creditable for retired pay as members of a reserve component
of the Armed Forces; to the Committee on Veterans' Affairs.
House agreed to Senate amendment with amendments (pursuant to H. Res.
406), [18AP]
Senate agreed to House amendments to Senate amendment, [20AP]
Presented to the President (April 22, 1994)
Approved [Public Law 103-240] (signed May 4, 1994)
H.R. 823--
A bill to provide for the disclosure of lobbying activities to influence
the Federal Government, and for other purposes; to the Committee on
the Judiciary.
Cosponsors added, [24FE], [23MR]
H.R. 824--
A bill to establish a Department of Environmental Protection, and for
other purposes; to the Committee on Government Operations.
Cosponsors removed, [18MY], [19MY]
H.R. 828--
A bill to amend the Internal Revenue Code of 1986 to provide that
service performed for an elementary or secondary school operated
primarily for religious purposes is exempt from the Federal
unemployment tax; to the Committee on Ways and Means.
Cosponsors added, [10FE]
H.R. 829--
A bill to amend title I of the Omnibus Crime Control and Safe Streets
Act of 1968 to authorize funds received by States and units of local
government to be expended to improve the quality and availability of
DNA records; to authorize the establishment of a DNA identification
index; and for other purposes; to the Committee on the Judiciary.
H.R. 830--
A bill to amend title 5, United States Code, to clarify procedures for
judicial review of Federal agency compliance with regulatory
flexibility analysis requirements, and for other purposes; to the
Committee on the Judiciary.
Cosponsors added, [2FE], [10MR], [22MR], [13AP], [19AP], [21AP],
[14JN], [5AU], [8AU], [27SE]
H.R. 831--
A bill to provide that cost-of-living adjustments in rates of pay for
Members of Congress be made contingent on there not being a deficit
in the budget of the U.S. Government; jointly, to the Committees on
House Administration; Post Office and Civil Service.
Cosponsors added, [1FE]
H.R. 832--
A bill to amend title XVIII of the Social Security Act to provide waiver
of late enrollment penalty and establishment of a special enrollment
period under part B of the Medicare Program for certain military
retirees and dependents living near military bases that are closed;
jointly, to the Committees on Ways and Means; Energy and Commerce.
Cosponsors added, [13JY]
H.R. 833--
A bill to amend the National Wildlife Refuge System Administration Act
of 1966 to improve the management of the National Wildlife Refuge
System, and for other purposes; to the Committee on Merchant Marine
and Fisheries.
Cosponsors added, [19AP]
H.R. 835--
A bill to amend the Federal Water Pollution Control Act to add Morro
Bay, CA, to the priority list of the National Estuary Program;
jointly, to the Committees on Public Works and Transportation;
Merchant Marine and Fisheries.
Cosponsors added, [24MR]
H.R. 836--
A bill to amend the Internal Revenue Code of 1986 to restore and
increase the deduction for the health insurance costs of self-
employed individuals; to the Committee on Ways and Means.
Cosponsors added, [4OC]
H.R. 840--
A bill to establish a national program to reduce the incidence of
stalking; to the Committee on the Judiciary.
Cosponsors added, [2FE], [3MR], [19AP], [21AP], [20JY]
H.R. 846--
A bill to amend section 118 of the Internal Revenue Code of 1986 to
provide for certain exceptions from rules for determining
contributions in aid of construction, and for other purposes; to the
Committee on Ways and Means.
Cosponsors added, [8FE], [24MR], [28AP], [9AU]
H.R. 851--
A bill to amend the Immigration and Nationality Act to authorize the
Immigration and Naturalization Service to accept volunteer services;
to the Committee on the Judiciary.
Cosponsors added, [30JN]
H.R. 852--
A bill to authorize additional appropriations to increase border patrol
personnel to 6,800 by the end of fiscal year 1995 in the Department
of Justice Assets Forfeiture Fund for the additional border patrol
personnel; to the Committee on the Judiciary.
Cosponsors added, [22FE]
H.R. 857--
A bill to establish procedures to improve the allocation and assignment
of the electromagnetic spectrum, and for other purposes; to the
Committee on Energy and Commerce.
Cosponsors added, [25JA], [11AU]
H.R. 859--
A bill to exclude shipboard supervisory personnel from selection as
employer representatives, and for other purposes; to the Committee
on Education and Labor.
Cosponsors added, [2FE]
H.R. 867--
A bill to transfer the functions of the Director of the Federal
Emergency Management Agency to the Secretary of Defense; jointly, to
the Committees on Armed Services; Public Works and Transportation.
Cosponsors added, [25JA]
H.R. 868--
A bill to strengthen the authority of the Federal Trade Commission to
protect consumers in connection with sales made with a telephone,
and for other purposes; to the Committee on Energy and Commerce.
House agreed to Senate amendment with an amendment (pursuant to H.
Res. 488), [25JY]
Senate agreed to House amendment to Senate amendment, [2AU]
Presented to the President (August 4, 1994)
Approved [Public Law 103-297] (signed August 16, 1994)
H.R. 883--
A bill to require a balanced Federal budget by fiscal year 2000 and each
year thereafter, to protect Social Security, to provide for zero-
based budgeting and decennial sunsetting, to impose spending caps on
the growth of entitlements during fiscal years 1994 through 2000,
and to enforce those requirements through a budget process involving
the President and Congress and sequestration; jointly to the
Committees on Government Operations; Rules.
Cosponsors added, [25JA], [21JY]
H.R. 885--
A bill amending the Rules of the House to limit the availability of
appropriations for salaries and expenses of the House to 1 year and
to require certain excess allowance amounts be returned to the
Treasury; to the Committee on Rules.
Cosponsors added, [3FE], [9FE], [11FE], [23FE], [24FE], [1MR], [2MR],
[8MR], [21MR], [14AP], [21AP], [28AP], [5MY], [11MY], [19MY],
[23MY], [3AU], [29SE], [7OC]
H.R. 886--
A bill to provide mandate relief assistance to State and local
governments, and for other purposes; jointly, to the Committees on
Government Operations; Rules.
Cosponsors added, [3MR]
H.R. 894--
A bill to require the Congressional Budget Office to prepare estimates
of the cost incurred by State and local governments in carrying out
or complying with new legislation; to amend the Rules of the House
of Representatives to require the inclusion of such estimates in
committee reports on bills and joint resolutions; and to amend the
Rules of the House of Representatives to ensure that Federal laws
requiring activities by such governments shall not apply unless all
amounts necessary to pay the direct costs of the activities are
provided by the Federal Government; to the Committee on Rules.
Cosponsors added, [9MR]
H.R. 895--
A bill to abolish the Economic Development Administration; jointly, to
the Committees on Banking, Finance and Urban Affairs; Public Works
and Transportation.
Cosponsors added, [1AU]
H.R. 896--
A bill to abolish the Interstate Commerce Commission; jointly, to the
Committees on Energy and Commerce; Public Works and Transportation.
Cosponsors added, [22FE], [12AP], [12MY], [19MY], [8JN], [1AU], [7OC]
H.R. 899--
A bill to amend title II of the Social Security Act and the Internal
Revenue Code of 1986 to increase the minimum amount of cash
remuneration payable to a domestic employee in any year which is
subject to Social Security employment taxes, to provide for annual
adjustments in such minimum amount, and to simplify the payment of
such employment taxes; to the Committee on Ways and Means.
Cosponsors added, [19AP]
H.R. 911--
A bill to encourage the States to enact legislation to grant immunity
from personal civil liability, under certain circumstances to
volunteers working on behalf of nonprofit organizations and
governmental entities; jointly, to the Committees on the Judiciary;
Ways and Means.
Cosponsors added, [25JA], [1FE], [3FE], [8FE], [23FE], [24FE], [2MR],
[9MR], [21MR], [22MR], [12AP], [14AP], [20AP], [21AP], [28AP],
[5MY], [8JN], [9JN], [13JN], [15JN], [21JN], [29JN], [13JY], [19JY],
[27SE], [29SE], [4OC], [7OC]
H.R. 916--
A bill to establish, in the Food and Drug Administration, the Patented
Medicine Prices Review Board to regulate the prices of certain
prescription drugs, to amend the Internal Revenue Code to recapture
certain tax benefits, and for other purposes; jointly, to the
Committees on Energy and Commerce; the Judiciary; Ways and Means.
Cosponsors added, [15MR]
H.R. 930--
A bill to amend the Internal Revenue Code to allow a deduction for
qualified adoption expenses, and for other purposes; to the
Committee on Ways and Means.
Cosponsors added, [10MR], [14JY], [29NO]
H.R. 934--
A bill to amend title 28, United States Code, relating to jurisdictional
immunities of foreign states, to grant jurisdiction to the courts of
the United States in certain cases involving torture or
extrajudicial killing occurring in that state; to the Committee on
the Judiciary.
Reported with amendments (H. Rept. 103-702), [16AU]
Passed House amended, [7OC]
H.R. 938--
A bill to designate the Veterans Hospital in Kansas City, MO, the ``Omar
N. Bradley Veterans Hospital''; to the Committee on Veterans'
Affairs.
Cosponsors added, [22SE]
H.R. 955--
A bill to exempt semiconductors from the country of origin marking
requirements under the Tariff Act of 1930; to the Committee on Ways
and Means.
Cosponsors added, [18MR]
H.R. 957--
A bill to amend title 18, United States Code, and other provisions of
law, to make them consistent with the Sentencing Reform Act of 1984;
to the Committee on the Judiciary.
Cosponsors added, [11MY], [29JY]
H.R. 959--
A bill to amend the Internal Revenue Code of 1986 to restore the prior
law exclusion for scholarships and fellowships and to restore the
deduction for interest on educational loans; to the Committee on
Ways and Means.
[[Page 2576]]
Cosponsors added, [9FE], [11AU]
H.R. 961--
A bill to prohibit the expenditure of Federal funds for the National
Aeronautics and Space Administration's advanced solid rocket motor
program; to the Committee on Science, Space, and Technology.
Cosponsors added, [25JA], [26JY], [29JY]
H.R. 962--
A bill to increase the amount of credit available to fuel local,
regional, and national economic growth by reducing the regulatory
burden imposed upon safe, sound, and properly managed financial
institutions; to the Committee on Banking, Finance and Urban
Affairs.
Cosponsors added, [23FE]
H.R. 963--
A bill to amend the Solid Waste Disposal Act to authorize local
governments and Governors to restrict receipt of out-of-State
municipal solid waste; to the Committee on Energy and Commerce.
Cosponsors added, [26JA], [22MR], [20AP], [4MY], [26JY], [5AU]
H.R. 965--
A bill to provide for toy safety and for other purposes; to the
Committee on Energy and Commerce.
House agreed to Senate amendment with amendment, [9MR]
Senate disagreed to House amendment to Senate amendment and asked for
a conference, [22MR]
House insisted on its amendement to the Senate amendment and agreed to
a conference, [13AP]
Conference report (H. Rept. 103-500) submitted in the House, [11MY]
Rules suspended. House agreed to conference report, [23MY]
Senate agreed to conference report, [25MY]
Presented to the President (June 7, 1994)
Approved [Public Law 103-267] (signed June 16, 1994)
H.R. 966--
A bill to require the Commissioner of the Bureau of Labor Statistics to
conduct time use surveys of unrenumerated work performed in the
United States and to calculate the monetary value of such work; to
the Committee on Education and Labor.
Cosponsors added, [18AU]
H.R. 967--
A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act
with respect to minor use pesticides; to the Committee on
Agriculture.
Cosponsors added, [2FE], [16MR], [26AP], [12MY], [26MY], [2AU]
Considered, [3OC]
Reported with amendments (H. Rept. 103-784), [3OC]
Rules suspended. Passed House amended, [4OC]
H.R. 972--
A bill to amend the Internal Revenue Code of 1986 to exclude from gross
income that portion of a governmental pension which does not exceed
the maximum benefits payable under title II of the Social Security
Act which could have been excluded from income for the taxable year;
to the Committee on Ways and Means.
Cosponsors added, [25JA], [8FE], [22FE], [2MY], [24MY]
H.R. 979--
A bill to amend title II of the Social Security Act to expand current
restrictions on payment of benefits to prisoners to include payments
to individuals confined to public institutions pursuant to court
order based on a verdict that the individual is not guilty of a
criminal offense by reason of insanity or a similar finding; to the
Committee on Ways and Means.
Cosponsors added, [25JA], [2MR], [17MR], [28AP]
H.R. 987--
A bill to amend the Elementary and Secondary Education Act of 1965 to
require each State, as a condition of receiving Federal assistance
under such act, to implement a gun control program in its schools,
and to establish a program of grants to local educational agencies
for purposes of purchasing crime prevention equipment and training
security personnel; to the Committee on Education and Labor.
Cosponsors added, [3FE]
H.R. 995--
A bill to amend title 38, United States Code, to improve reemployment
rights and benefits of veterans and other benefits of employment of
certain members of the uniformed services, and for other purposes;
jointly, to the Committees on Veterans' Affairs; Post Office and
Civil Service.
House agreed to Senate amendment with an amendment, [13SE]
Senate agreed to House amendment to Senate amendment, [28SE]
Presented to the President (October 4, 1994)
Approved [Public Law 103-353] (signed October 13, 1994)
H.R. 998--
A bill to achieve a balanced Federal budget by fiscal year 1998 and each
year thereafter, achieve significant deficit reduction in fiscal
year 1994 and each year through 1998, establish a Board of
Estimates, require the President's budget and the congressional
budget process to meet specified deficit reduction and balance
requirements, enforce those requirements through a multiyear
congressional budget process and, if necessary, sequestration, and
for other purposes; jointly, to the Committees on Government
Operations; Rules; Ways and Means.
Cosponsors added, [21MR], [12AP], [15JN], [20JY], [25JY], [2AU]
H.R. 999--
A bill to require the Administrator of the National Aeronautics and
Space Administration to terminate the advanced solid rocket motor
program; to the Committee on Science, Space, and Technology.
Cosponsors added, [25JA], [13AP], [28JY], [1AU]
H.R. 1006--
A bill to amend the Congressional Budget Act of 1974 to expand the
requirement that legislation be accompanied by cost estimates of its
impact on State and local governments; to the Committee on Rules.
Cosponsors added, [16MR]
H.R. 1007--
A bill to amend title IV of the Social Security Act to eliminate
disincentives in the program of aid to families with dependent
children that prevent recipients of such aid from working toward
self-sufficiency; jointly, to the Committees on Ways and Means;
Energy and Commerce.
Cosponsors added, [1FE]
H.R. 1009--
A bill to terminate the obligation of funds by the United States for the
superconducting super collider project; to the Committee on Science,
Space, and Technology.
Cosponsors added, [25JA], [13JY], [2AU]
H.R. 1012--
A bill to establish a congressional commemorative medal for organ donors
and their families; jointly, to the Committees on Banking, Finance
and Urban Affairs; Energy and Commerce.
Cosponsors added, [22FE], [15MR], [12AP], [21AP], [12JY]
H.R. 1015--
A bill to amend the Fair Credit Reporting Act to assure the completeness
and accuracy of consumer information maintained by credit reporting
agencies, to better inform consumers of their rights under the act,
and to improve enforcement, and for other purposes; to the Committee
on Banking, Finance and Urban Affairs.
Cosponsors added, [1FE], [8FE]
Reported with amendment (H. Rept. 103-486), [28AP]
Rules suspended. Passed House amended, [13JN]
H.R. 1016--
A bill to amend the National Agricultural Weather Information System Act
of 1990 to improve the collection and distribution of weather
information to assist agricultural producers; to the Committee on
Agriculture.
Cosponsors added, [10JN]
H.R. 1026--
A bill to repeal the first section of Public Law 93-462 to limit
departing Members' purchases of office equipment and office
furnishings from their district offices; to the Committee on House
Administration.
Cosponsors added, [2FE], [9MR], [1AU]
H.R. 1031--
A bill to provide for the improved enforcement of the employer sanctions
law, and for other purposes; jointly, to the Committees on the
Judiciary; Ways and Means.
Cosponsors added, [2MR], [18JY]
H.R. 1034--
A bill to amend chapter 83 of title 5, United States Code, to extend the
civil service retirement provisions of such chapter which are
applicable to law enforcement officers to inspectors of the
Immigration and Naturalization Service, inspectors and canine
enforcement officers of the U.S. Customs Service, and revenue
officers of the Internal Revenue Service; to the Committee on Post
Office and Civil Service.
Cosponsors added, [16MR]
H.R. 1036--
A bill to amend the Employees Retirement Income Security Act of 1974 to
provide that such Act does not preempt certain State laws.
Reported (H. Rept. 103-299), [1JY]
H.R. 1039--
A bill to amend title 5, United States Code, to ensure that
whistleblowers are protected from having to submit, without just
cause, to psychological or psychiatric evaluations or counseling; to
the Committee on Post Office and Civil Service.
Cosponsors added, [23MR]
H.R. 1043--
A bill to prohibit the expenditure of Federal funds for constructing,
positioning, or modifying highway signs that are expressed in metric
system measurements; to the Committee on Public Works and
Transportation.
Cosponsors added, [25JA], [13AP], [19JY], [1AU]
H.R. 1047--
A bill to amend title XVIII of the Social Security Act to include, as a
home health service, nutritional counseling provided by or under the
supervision of a registered dietitan; jointly, to the Committees on
Ways and Means; Energy and Commerce.
Cosponsors added, [25JA]
H.R. 1048--
A bill to amend the Motor Vehicle Information and Cost Savings Act; to
the Committee on Energy and Commerce.
Cosponsors added, [9FE], [22FE], [11MR], [14AP], [20SE]
H.R. 1055--
A bill to direct the Secretary of Defense to issue a commendation to
each individual exposed to mustard agents during World War II, and
for other purposes; to the Committee on Armed Services.
Cosponsors added, [25JA], [26JA], [1FE], [2FE], [3FE], [8FE], [9FE],
[11FE], [23FE], [8MR], [12AP], [8JN]
H.R. 1056--
A bill to amend title 5, United States Code, to provide that the Civil
Service Retirement and Disability Fund be excluded from the budget
of the U.S. Government; jointly, to the Committees on Post Office
and Civil Service; Government Operations.
Cosponsors added, [2MR], [14AP], [21AP], [5MY], [13JN], [12JY], [2AU],
[3OC]
H.R. 1072--
A bill to amend the Internal Revenue Code of 1986 to reinstate a 10-
percent domestic investment tax credit, to provide a credit for the
purchase of domestic durable goods, and for other purposes; jointly,
to the Committees on Ways and Means; Energy and Commerce.
Cosponsors added, [12AP]
H.R. 1078--
A bill to improve immigration law enforcement; jointly, to the
Committees on the Judiciary; Education and Labor; Foreign Affairs.
Cosponsors added, [7FE], [9FE]
H.R. 1079--
A bill to prevent immigration document fraud, and for other purposes;
jointly, to the Committees on the Judiciary; Banking, Finance and
Urban Affairs; Ways and Means.
Cosponsors added, [7FE], [10FE], [5AU], [23AU]
H.R. 1080--
A bill to prohibit direct Federal financial benefits and unemployment
benefits for aliens who are not lawful permanent residents; jointly,
to the Committees on Ways and Means; Agriculture; Banking, Finance
and Urban Affairs.
Cosponsors added, [25JA], [9FE], [10FE], [22FE], [28FE], [11MR],
[16MR], [12AP], [2MY], [9MY], [17JN], [22JN], [23JN], [29JN],
[12JY], [19JY], [28JY], [29JY], [1AU], [4AU], [8AU], [16AU], [19AU],
[20SE], [7OC]
H.R. 1081--
A bill to amend the Immigration and Nationality Act to prohibit
transportation of illegal aliens for purposes of employment; to the
Committee on the Judiciary.
Cosponsors added, [7FE], [10FE], [23AU]
H.R. 1082--
A bill to provide for 2,500 additional border patrol agents from
military personnel displaced by defense cutbacks; jointly, to the
Committees on the Judiciary; Armed Services.
[[Page 2577]]
Cosponsors added, [7FE], [9FE], [10FE], [29JN], [23AU]
H.R. 1083--
A bill to prohibit Federal financial assistance to localities whose
officials refuse to cooperate in the arrest and deportation of an
alien unlawfully present in the United States; to the Committee on
Government Operations.
Cosponsors added, [10FE], [23AU]
H.R. 1086--
A bill to increase the availability of credit to small businesses by
eliminating impediments to securitization and facilitating the
development of a secondary market in small business loans, and for
other purposes; jointly, to the Committees on Energy and Commerce;
Banking, Finance and Urban Affairs; Ways and Means; Education and
Labor.
Cosponsors added, [23FE], [22MR]
H.R. 1088--
A bill to require analysis and estimates of the likely impact of Federal
legislation and regulations upon small businesses, the private
sector and State and local governments, and for other purposes;
jointly, to the Committees on Government Operations; Rules.
Cosponsors added, [8FE], [28AP]
H.R. 1097--
A bill to assist the Nation in achieving the national education goals;
to the Committee on Education and Labor.
Cosponsors added, [14AP]
H.R. 1099--
A bill to amend the Balanced Budget and Emergency Deficit Control Act of
1985 to provide for a sequestration of $25 billion for fiscal year
1993 and approximately $50 billion for each of fiscal years 1994 and
1995; to the Committee on Government Operations.
Cosponsors added, [9FE], [14AP], [10JN], [16JN], [20JY], [28JY], [2AU]
H.R. 1103--
A bill to amend title 17, United States Code, with respect to secondary
transmissions of superstations and network stations for private home
viewing, and with respect to cable systems; to the Committee on the
Judiciary.
Cosponsors added, [25JA], [24MY], [26MY], [8JN], [21JN]
Reported with amendments (H. Rept. 103-703), [16AU]
Rules suspended. Passed House amended, [16AU]
Laid on the table (S. 1485 passed in lieu), [16AU]
H.R. 1105--
A bill to amend the Congressional Budget Act of 1974 to require a three-
fifths vote in the House of Representatives to waive any point of
order under this act; to the Committee on Rules.
Cosponsors added, [22SE], [27SE]
H.R. 1106--
A bill to amend the Fair Labor Standards Act of 1938 to reform the
provisions relating to child labor; to the Committee on Education
and Labor.
Cosponsors added, [22MR], [24MR], [18AP], [25MY], [22JN], [20JY]
H.R. 1108--
A bill to amend the Internal Revenue Code of 1986 to provide small
businesses a credit for the cost of complying with Federal
regulations; to the Committee on Ways and Means.
Cosponsors added, [28SE]
H.R. 1110--
A bill to amend the Internal Revenue Code of 1986 to increase the
unified estate and gift tax credit to an amount equivalent to a
$1,200,000 exemption; to the Committee on Ways and Means.
Cosponsors added, [24FE], [2MR], [12AP], [20AP], [28AP], [18MY],
[23MY], [12JY], [13JY], [26JY], [29JY], [1AU], [2AU], [3AU], [4AU],
[5AU], [8AU], [16AU], [17AU], [12SE], [13SE], [7OC]
H.R. 1120--
A bill to amend title 18, United States Code, to strengthen the Federal
prohibitions against assaulting children; to the Committee on the
Judiciary.
Cosponsors added, [10MR], [22MR]
Reported with amendments (H. Rept. 103-461), [25MR]
H.R. 1122--
A bill to require the consolidation of agricultural research and
extension activities of the Department of Agriculture; to the
Committee on Agriculture.
Cosponsors added, [26JA], [20JY], [1AU], [7OC]
H.R. 1123--
A bill to reduce losses under the single family and multifamily mortgage
insurance programs under title II of the National Housing Act
through modernization; to the Committee on Banking, Finance and
Urban Affairs.
Cosponsors added, [26JA], [12AP], [1AU]
H.R. 1124--
A bill to terminate the programs of the Department of Housing and Urban
Development providing Federal assistance for new construction of
housing and increase the amount of Federal assistance available for
vouchers for rental of privately owned dwelling units; to the
Committee on Banking, Finance and Urban Affairs.
Cosponsors added, [26JA]
H.R. 1125--
A bill to amend the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 to require a preference for interim
measures in carrying out response actions, consistent with
protection of public health, welfare, and the environment; jointly,
to the Committees on Energy and Commerce; Public Works and
Transportation.
Cosponsors added, [1AU]
H.R. 1126--
A bill to limit the annual growth in overhead of executive agencies of
the Government beginning with fiscal year 1995; to the Committee on
Government Operations.
Cosponsors added, [26JA], [9FE], [13AP], [28JY], [1AU], [5AU]
H.R. 1127--
A bill to direct the President to reorganize the intelligence agencies
of the Government in order to reduce duplication and inefficiency
and to require that the number of intelligence personnel be reduced
by 25 percent over the next 5 fiscal years; to the Committee on
Intelligence (Permanent Select).
Cosponsors added, [26JA], [2FE], [13AP], [14JY], [1AU]
H.R. 1128--
A bill to achieve payroll and work force reductions within the Federal
Government through management incentives and other means; to the
Committee on Post Office and Civil Service.
Cosponsors added, [26JA], [12AP], [13AP], [20MY], [14JY], [28JY]
H.R. 1129--
A bill to direct the President to develop a plan for transferring all
real property, facilities, and equipment of the Tennessee Valley
Authority to public and private entities, and for other purposes; to
the Committee on Public Works and Transportation.
Cosponsors added, [26JA], [13AP], [28JY]
H.R. 1130--
A bill to enable the Secretary of Health and Human Services to carry out
activities to reduce waste and fraud under the Medicare Program;
jointly, to the Committees on Ways and Means; Energy and Commerce.
Cosponsors added, [26JA], [12AP], [20JY], [1AU]
H.R. 1131--
A bill to amend the Congressional Budget Act of 1974 to require a three-
fifths majority vote in the House of Representatives and in the
Senate to pass any bill increasing taxes; to the Committee on Rules.
Cosponsors added, [1MR]
H.R. 1134--
A bill to provide for the transfer of certain public lands located in
Clear Creek County, CO, to the U.S. Forest Service, the State of
Colorado, and certain local governments in the State of Colorado,
and for other purposes; to the Committee on Natural Resources.
Passed Senate amended, [12AP]
Rules suspended. House agreed to Senate amendments, [10MY]
Presented to the President (May 13, 1994)
Approved [Public Law 103-253] (signed May 19, 1994)
H.R. 1137--
A bill to amend the Geothermal Steam Act of 1970 (30 U.S.C. 1001-1027),
and for other purposes; to the Committee on Natural Resources.
Reported with amendments (H. Rept. 103-431), [28SE]
H.R. 1141--
A bill to amend the Internal Revenue Code of 1986 to allow a credit for
a portion of employer Social Security taxes paid with respect to
employee cash tips; to the Committee on Ways and Means.
Cosponsors added, [2MY]
H.R. 1145--
A bill to amend the Internal Revenue Code of 1986 to provide certain
additional taxpayers' rights; to the Committee on Ways and Means.
Cosponsors added, [4MY]
H.R. 1146--
A bill to provide that any foreign nation that conducts a test of a
nuclear weapon in the United States shall pay the costs resulting
from the test; to the Committee on Foreign Affairs.
Cosponsors added, [25JA], [13AP], [28AP], [27JY]
H.R. 1149--
A bill to amend the Internal Revenue Code of 1986 to provide assistance
to first-time homebuyers; to the Committee on Ways and Means.
Cosponsors added, [25JA]
H.R. 1151--
A bill to provide for elementary and secondary school library media
resources, technology enhancement, training, and improvement; to the
Committee on Education and Labor.
Cosponsors added, [25JA], [2FE], [10MR], [21AP]
H.R. 1155--
A bill to amend title 5, United States Code, to restore the 3-year basis
recovery rule with respect to annuities under chapters 83 and 84 of
such title for Federal income tax purposes; jointly, to the
Committees on Post Office and Civil Service; Ways and Means.
Cosponsors added, [25JA], [22FE], [23FE], [24FE], [3MR], [17MR],
[12AP], [2MY], [3MY], [11MY], [23MY], [10JN], [19SE]
H.R. 1156--
A bill to amend title 11 of the United States Code with respect to the
interest of the debtor as a tenant under the rental of residential
real property; to the Committee on the Judiciary.
Cosponsors added, [16MR], [8AU]
H.R. 1161--
A bill to establish research, development, and dissemination programs to
assist in collaborative efforts to prevent crime against senior
citizens, and for other purposes; to the Committee on the Judiciary.
Cosponsors added, [26JA]
H.R. 1163--
A bill to amend the Internal Revenue Code of 1986 to allow employers a
tax credit for hiring displaced homemakers; to the Committee on Ways
and Means.
Cosponsors added, [23FE]
H.R. 1164--
A bill to amend the Forest and Rangeland Renewable Resources Planning
Act of 1974, the Federal Land Policy and Management Act of 1976, the
National Wildlife Refuge System Administration Act of 1966, the
National Indian Forest Resources Management Act, and title 10,
United States Code, to strengthen the protection of native
biodiversity and to place restraints upon clearcutting and certain
other cutting practices on the forests of the United States;
jointly, to the Committees on Natural Resources; Agriculture;
Merchant Marine and Fisheries; Armed Services.
Cosponsors added, [25JA], [22FE], [3MR], [11MR], [16MR], [24MR],
[14AP], [17MY], [26MY], [14JN], [16JN], [27JN], [29JN], [19JY],
[28JY], [4AU], [17AU], [4OC]
H.R. 1168--
A bill to amend the Higher Education Act of 1965 to prevent the awarding
of Pell Grants to prisoners; to the Committee on Education and
Labor.
Cosponsors added, [25JA], [2FE], [2MR], [10MR], [12AP], [28JY], [2AU]
H.R. 1169--
A bill to amend the formula for determining the official mail allowance
for Members of the House of Representatives; to prevent Members from
using the franking privilege to send congressional newsletters; to
require that unobligated funds in the official mail allowance of
Members be used to reduce the Federal deficit; and for other
purposes; to the Committee on Post Office and Civil Service.
Cosponsors added, [1FE], [24MR]
H.R. 1171--
A bill to allow holders of unclaimed Postal Savings System certificates
of deposit to file claims for such certificates; to the Committee on
Post Office and Civil Service.
Cosponsors added, [2MR], [3MR], [22JN], [12JY], [19JY], [29JY], [1AU],
[5AU], [10AU]
H.R. 1172--
A bill to amend the Civil Rights Act of 1991 with respect to the
application of such act; jointly, to the Committees on Education and
Labor; the Judiciary.
Cosponsors added, [12AU], [13SE], [21SE], [22SE]
[[Page 2578]]
H.R. 1173--
A bill to amend the Migrant and Seasonal Agricultural Worker Protection
Act to make such act applicable to all agricultural workers and for
other purposes; to the Committee on Education and Labor.
Cosponsors added, [3FE]
H.R. 1174--
A bill to amend title 5, United States Code, to provide that service
performed by air traffic second-level supervisors and managers be
made creditable for retirement purposes; to the Committee on Post
Office and Civil Service.
Cosponsors added, [10MR], [26AP]
H.R. 1176--
A bill to amend chapter 17 of title 38, United States Code, to establish
a program of rural health-care clinics, and for other purposes; to
the Committee on Veterans' Affairs.
Cosponsors added, [3MR]
H.R. 1181--
A bill to increase the Federal payments in lieu of taxes to units of
general local government, and for other purposes; to the Committee
on Natural Resources.
Cosponsors added, [26JA], [9FE], [10FE], [24FE], [8MR], [13AP], [29JN]
H.R. 1182--
A bill to improve budgetary information by requiring that the unified
budget presented by the President contain an operating budget and a
capital budget, distinguish between general funds, trust funds, and
enterprise funds, and for other purposes; jointly, to the Committees
on Government Operations; Rules; Public Works and Transportation.
Cosponsors added, [9FE], [24FE], [16JN], [27JN]
H.R. 1183--
A bill to validate conveyances of certain lands in the State of
California that form part of the right-of-way granted by the United
States to the Central Pacific Railway Co.; to the Committee on
Natural Resources.
Passed Senate, [16JN]
Presented to the President (June 23, 1994)
Approved [Private Law 103-2] (signed July 5, 1994)
H.R. 1184--
A bill for the relief of Jung Ja Golden; to the Committee on the
Judiciary.
Reported (H. Rept. 103-580), [30JN]
Passed over, [19JY], [2AU], [4OC], [7OC]
H.R. 1188--
A bill to provide for disclosures for insurance in interstate commerce;
to the Committee on Energy and Commerce.
Passed House amended, [20JY]
H.R. 1190--
A bill to amend the Internal Revenue Code of 1986 to repeal the income
taxation of corporations, to impose a 10-percent tax on the earned
income--and only the earned income--of individuals, to repeal the
estate and gift taxes, to provide amnesty for all tax liability for
prior taxable years, and for other purposes; to the Committee on
Ways and Means.
Cosponsors added, [3AU], [17AU]
H.R. 1191--
A bill to amend the Immigration and Nationality Act to limit citizenship
at birth, merely by viture of birth in the United States, to persons
with citizen or legal resident mothers; to the Committee on the
Judiciary.
Cosponsors added, [25JA], [7FE], [10FE], [22FE], [28FE], [16MR],
[23MR], [9MY]
H.R. 1192--
A bill to provide for uniformity of quality and a substantial reduction
in the overall costs of health care in the United States through the
development of diagnostic and treatment protocols and the
implementation of the protocols in the program under title XVIII of
the Social Security Act, the imposition of limitations on the amount
of damages that may be paid in a health care liability action, and
the mandatory establishment by States of alternative dispute
resolution systems to resolve health care liability claims, and for
other purposes; jointly, to the Committees on Ways and Means; Energy
and Commerce; the Judiciary.
Cosponsors added, [14JN], [1AU]
H.R. 1196--
A bill to establish a program to provide child care through public-
private partnerships; to the Committee on Education and Labor.
Cosponsors added, [23FE]
H.R. 1200--
A bill to provide for health care for every American and to control the
cost of the health care system; jointly, to the Committees on Ways
and Means; Energy and Commerce; Armed Services; Post Office and
Civil Service; Veterans' Affairs.
Cosponsors removed, [2FE]
H.R. 1203--
Boot Camp Assistance''; to the Committee on Armed Services.
Cosponsors added, [2MR], [24MY]
H.R. 1205--
A bill to provide for the retrocession of the District of Columbia to
the State of Maryland, and for other purposes; jointly, to the
Committees on the Judiciary; the District of Columbia.
Cosponsors added, [3AU]
H.R. 1206--
A bill to amend title 28, United States Code, to make the Department of
Justice Assets Forfeiture Fund available for support of certain
community-based social service agencies; to the Committee on the
Judiciary.
Cosponsors added, [9FE]
H.R. 1209--
A bill to limit purchases of district office equipment and furnishings
by a departing Member to items not needed for official use by the
successor to the departing Member; to the Committee on House
Administration.
Cosponsors added, [1AU]
H.R. 1216--
A bill to amend the Internal Revenue Code of 1986 and the Housing and
Community Development Act of 1987 to provide tax incentives for
investments in enterprise zone businesses and domestic businesses;
jointly, to the Committees on Ways and Means; Banking, Finance and
Urban Affairs.
Cosponsors added, [25JA]
H.R. 1217--
A bill to amend the Internal Revenue Code of 1986 to provide estate tax
relief for victims of the terrorist-caused airplane crash near
Lockerbie, Scotland, in 1988; to the Committee on Ways and Means.
Cosponsors added, [25JA]
H.R. 1219--
A bill to amend the Airport Noise and Capacity Act of 1990 to exempt
noise and access restrictions on aircraft operations to and from
metropolitan airports from Federal review and approval requirements
under that act, and for other purposes; to the Committee on Public
Works and Transportation.
Cosponsors added, [2FE], [24MR]
H.R. 1228--
A bill to amend the Internal Revenue Code of 1986 with respect to the
treatment of effectively connected investment income of insurance
companies; to the Committee on Ways and Means.
Cosponsors added, [19AP]
H.R. 1231--
A bill to amend the act of March 3, 1931 (known as the Davis-Bacon Act),
to revise the standard for coverage under that act, and for other
purposes; to the Committee on Education and Labor.
Cosponsors added, [10FE], [12AP], [17MY], [1AU]
Reported with amendment (H. Rept. 103-856), [7OC]
H.R. 1234--
A bill to provide that positions held by civilian technicians of the
National Guard be made part of the competitive service; jointly, to
the Committees on Armed Services; Post Office and Civil Service.
Cosponsors added, [11MR]
H.R. 1246--
A bill to amend the Internal Revenue Code of 1986 to increase excise
taxes on cigarettes and other tobacco and tobacco-related products
and to use the increased revenues to expand Medicaid eligibility and
for other purposes; jointly, to the Committees on Ways and Means;
Energy and Commerce; Agriculture.
Cosponsors added, [19AP]
H.R. 1275--
A bill to provide the President with the authority to negotiate
agreements with the Government of Russia, and other former Soviet
republics, providing economic assistance in return for reimbursement
from natural resources, and for other purposes; to the Committee on
Foreign Affairs.
Cosponsors added, [9MR]
H.R. 1276--
A bill to establish the right to obtain firearms for security, and to
use firearms in defense of self, family, or home, and to provide for
the enforcement of such right; to the Committee on the Judiciary.
Cosponsors added, [3FE], [9MR], [10MR], [24MR], [19AP], [26AP],
[26MY], [26JY], [4AU], [19SE], [23SE]
H.R. 1277--
A bill to amend title 18, United States Code, to exempt qualified
current and former law enforcement officers from State laws
prohibiting the carrying of concealed handguns; to the Committee on
the Judiciary.
Cosponsors added, [3FE], [10FE], [23MR], [12AP], [13AP], [25AP],
[4MY], [5MY], [17MY], [18MY], [8JN], [13JN], [24JN], [29JN], [12JY],
[14JY], [18JY], [26JY], [27JY], [3AU], [5AU], [8AU], [11AU], [26AU],
[3OC]
H.R. 1280--
A bill to revise the Occupational Safety and Health Act of 1970;
jointly, to the Committees on Education and Labor; House
Administration.
Cosponsors added, [24FE], [14AP], [17MY], [26MY], [4AU], [3OC]
Reported with amendment (H. Rept. 103-825), [3OC]
H.R. 1286--
A bill to reduce the amount authorized for the official mail allowance
for Members of the House of Representatives by 20 percent; to the
Committee on House Administration.
Cosponsors added, [9MR], [29JY]
H.R. 1289--
A bill to amend the Internal Revenue Code of 1986 with respect to the
eligibility of veterans for mortgage revenue bond financing; to the
Committee on Ways and Means.
Cosponsors added, [25JA], [28AP], [18MY], [24MY], [14JY], [16AU]
H.R. 1293--
A bill to replace the program of aid to families with dependent children
with a program of block grants to States for families with dependent
children, and for other purposes; to the Committee on Ways and
Means.
Cosponsors added, [25JA], [5MY], [15JN], [29JN], [14JY], [19JY],
[1AU], [7OC]
H.R. 1295--
A bill to improve Federal decisionmaking by requiring a thorough
evaluation of the economic impact of Federal legislative and
regulatory requirements on State and local governments and the
economic resources located therein; jointly, to the Committees on
Government Operations; Rules.
Cosponsors added, [25JA], [24FE], [12AP], [18AP], [28AP], [16JN],
[22JN], [13JY]
H.R. 1296--
A bill to provide surveillance, research, and services aimed at
prevention of birth defects; to the Committee on Energy and
Commerce.
Cosponsors added, [1FE]
H.R. 1297--
A bill to reduce the rates of basic pay for Members of Congress;
jointly, to the Committees on Post Office and Civil Service; House
Administration.
Cosponsors added, [2FE], [2AU]
H.R. 1298--
A bill to amend the Internal Revenue Code of 1986 to provide that
certain cash rentals of farmland will not cause recapture of the
special estate tax valuation; to the Committee on Ways and Means.
Cosponsors added, [2FE]
H.R. 1300--
A bill to establish a Department of Science, Space, Energy, and
Technology; to the Committee on Government Operations.
Cosponsors added, [3AU]
H.R. 1303--
A bill to designate the Federal Building and U.S. Courthouse located at
402 East State Street in Trenton, NJ, as the ``Clarkson S. Fisher
Federal Building and United States Courthouse''; to the Committee on
Public Works and Transportation.
Passed Senate, [1FE]
Presented to the President (February 8, 1994)
Approved [Public Law 103-212] (signed February 16, 1994)
H.R. 1304--
A bill to amend the Internal Revenue Code of 1986 to impose an excise
tax on sales of syringes and intravenous systems which do not meet
antineedlestick prevention standards; to the Committee on Ways and
Means.
Cosponsors added, [26AP], [13SE]
[[Page 2579]]
H.R. 1305--
A bill to make boundary adjustments and other miscellaneous changes to
authorities and programs of the National Park Service; to the
Committee on Natural Resources.
Passed Senate amended, [3MY]
House agreed to Senate amendment with amendment (pursuant to H. Res.
520), [16AU]
H.R. 1309--
A bill to amend the Fair Labor Standards Act of 1938 relating to the
minimum wage and overtime exemption for employees subject to certain
leave policies; to the Committee on Education and Labor.
Cosponsors added, [26JA], [23FE], [21MR], [12AP], [28AP], [9JN], [3AU]
H.R. 1314--
A bill to amend chapter 1 of title 9 of the United States Code to permit
each party to a sales and service contract to accept or reject
arbitration as a means of settling disputes under the contract; to
the Committee on the Judiciary.
Cosponsors added, [25JA], [11MR], [17MR], [24MR], [20AP], [19MY]
H.R. 1319--
A bill to provide for the reorganization of the U.S. Department of
Agriculture; to the Committee on Agriculture.
Cosponsors added, [28JY]
H.R. 1322--
A bill to provide for the minting and circulation of $1 coins, and for
other purposes; to the Committee on Banking, Finance and Urban
Affairs.
Cosponsors added, [9FE], [17MR], [19AP], [4MY], [14JN], [29JY], [29SE]
H.R. 1330--
A bill to amend the Federal Water Pollution Control Act to establish a
comprehensive program for conserving and managing wetlands in the
United States, and for other purposes; jointly, to the Committees on
Public Works and Transportation; Merchant Marine and Fisheries.
Cosponsors added, [17MR], [13AP], [12MY], [14JY], [22SE], [29NO]
H.R. 1332--
A bill to amend the Internal Revenue Code of 1986 and title II of the
Social Security Act to expand the Social Security exemption for
election officials and election workers employed by State and local
governments; to the Committee on Ways and Means.
Cosponsors added, [3FE], [10MR], [19AP]
H.R. 1337--
A bill to provide demonstration grants to secondary schools for the
purpose of extending the length of the academic year at such
schools; to the Committee on Education and Labor.
Cosponsors added, [19AU]
H.R. 1342--
A bill to provide financial institution regulators with whistleblower
protection; to the Committee on Banking, Finance and Urban Affairs.
Cosponsors added, [21MR], [23MR]
H.R. 1346--
A bill to redesignate the Federal building located on St. Croix, VI, as
the ``Almeric L. Christian Federal Building''; to the Committee on
Public Works and Transportation.
Passed Senate, [15JY]
Presented to the President (July 21, 1994)
Approved [Public Law 103-285] (signed August 1, 1994)
H.R. 1348--
A bill to establish the Quinebaug and Shetucket Rivers Valley National
Heritage Corridor in the State of Connecticut, and for other
purposes; to the Committee on Natural Resources.
Passed Senate amended, [6OC]
House agreed to Senate amendment, [7OC]
Presented to the President (October 25, 1994)
Approved [Public Law 103-449] (signed November 2, 1994)
H.R. 1349--
A bill to amend title 39, United States Code, to provide that the
provisions of law preventing Members of Congress from sending mass
mailing within the 60-day period immediately before an election be
expanded so as to prevent Members from mailing any unsolicited
franked mail within that period, and for other purposes; to the
Committee on Post Office and Civil Service.
Cosponsors added, [25JA], [1FE], [10FE], [23FE], [2MR], [3MR], [9MR],
[13AP], [14AP], [19AP], [28AP], [4MY], [22JN]
H.R. 1354--
A bill to amend part E of title IV of the Social Security Act to require
States to have laws that would permit a parent who is chronically
ill or near death to name a standby guardian for a minor child
without surrendering parental rights; to the Committee on Ways and
Means.
Cosponsors added, [25JA], [23FE], [16MR], [13AP], [11MY]
H.R. 1355--
A bill to amend the Immigration and Nationality Act with respect to
exclusion for admissions fraud, procedures for inspecting aliens
seeking entry to the United States, and increasing penalties for
certain alien smuggling; to the Committee on the Judiciary.
Cosponsors added, [19AP]
H.R. 1366--
A bill to correct the tariff rate inversion on certain iron and steel
pipe and tube products; to the Committee on Ways and Means.
Cosponsors added, [26SE]
H.R. 1374--
A bill to discourage domestic corporations from establishing foreign
manufacturing subsidiaries in order to avoid Federal taxes by
including in gross income of U.S. shareholders in foreign
corporations the retained earnings of any such subsidiary which are
attributable to manufacturing operations in runaway plants or tax
havens; to the Committee on Ways and Means.
Cosponsors added, [12AP], [12SE], [16SE]
H.R. 1375--
A bill to amend the Internal Revenue Code of 1986 to deny the foreign
tax credit and deduction for taxes paid in lieu of income taxes; to
the Committee on Ways and Means.
Cosponsors added, [12AP]
H.R. 1381--
A bill to amend title 5, United States Code, to provide that civilian
employees of the National Guard may not be required to wear military
uniforms while performing civilian service; jointly, to the
Committees on Armed Services; Post Office and Civil Service.
Cosponsors added, [23SE]
H.R. 1386--
A bill to amend title 23, United States Code, to require the Secretary
of Transportation to withhold certain funds from States that fail to
deem a person driving with a blood alcohol concentration of 0.08
percent or greater to be driving while intoxicated, and for other
purposes; to the Committee on Public Works and Transportation.
Cosponsors added, [27JN]
H.R. 1391--
A bill to provide certain protections for wildlife on public lands from
airborne hunting, and for other purposes; to the Committee on
Merchant Marine and Fisheries.
Cosponsors added, [10FE], [23FE], [24MR], [12MY], [26JY], [21AU]
H.R. 1392--
A bill to rescind unauthorized appropriations for fiscal year 1993; to
the Committee on Appropriations.
Cosponsors added, [8FE], [20JY], [1AU]
H.R. 1394--
A bill to improve coordination of National Oceanic and Atmospheric
Administration Great Lakes activities; to the Committee on Merchant
Marine and Fisheries.
Rules suspended. Passed House amended, [21MR]
H.R. 1397--
A bill to prohibit the importation of goods produced abroad with child
labor and for other purposes; to the Committee on Ways and Means.
Cosponsors added, [25JA]
H.R. 1402--
A bill to amend the Tariff Act of 1930 to provide effective trade
remedies under the countervailing and antidumping duty laws against
foreign-built ships that are subsidized or dumped and to provide
otherwise for fair trade for the U.S. shipbuilding and repair
industry; to the Committee on Ways and Means.
Cosponsors added, [12AP], [14AP]
H.R. 1403--
A bill to ensure that the Caribbean Basin Initiative is not adversely
affected by the implementation of the North American Free Trade
Agreement and to apply ``fast track'' approval procedures to free
trade agreements entered into between the United States and certain
Caribbean Basin countries; jointly, to the Committees on Ways and
Means; Rules.
Cosponsors added, [14AP]
H.R. 1406--
A bill to amend the Internal Revenue Code of 1986 with respect to the
treatment of the rehabilitation credit under the passive activity
limitations; to the Committee on Ways and Means.
Cosponsors added, [3FE]
H.R. 1407--
A bill to prohibit government-to-government and commercial arms sales to
any country that is participating in or cooperating with the boycott
of Israel by Arab countries; to the Committee on Foreign Affairs.
Cosponsors added, [8FE]
H.R. 1414--
A bill to amend the Endangered Species Act of 1973 to provide for making
determinations of whether a species is an endangered species or a
threatened species other than solely on the basis of the best
scientific and commercial data available, and for other purposes;
jointly, to the Committees on Merchant Marine and Fisheries; the
Judiciary.
Cosponsors added, [8FE]
H.R. 1417--
A bill to amend the Family and Medical Leave Act of 1993 to restore the
leave rights of certain employees; jointly, to the Committees on
Education and Labor; Post Office and Civil Service.
Cosponsors added, [2FE], [9FE], [24FE], [9MR], [21JN], [13JY], [26JY],
[7OC]
H.R. 1420--
A bill to amend the Federal Food, Drug, and Cosmetic Act to require
ingredient labeling for malt beverages, wine, and distilled spirits
and for other purposes; to the Committee on Energy and Commerce.
Cosponsors removed, [5OC]
H.R. 1421--
A bill to amend title 18, United States Code, to prohibit the
importation and the manufacture of firearms designed to accept a
silencer, bayonet, grenade launcher, flash suppressor, or folding
stock, of certain ammunition feeding devices, and of related
devices, and to provide for the imposition of enhanced penalties for
the possession or the use of any such item in a crime of violence or
in a drug trafficking crime; to the Committee on the Judiciary.
Cosponsors added, [25JA], [8FE]
H.R. 1423--
A bill to amend the Federal Food, Drug, and Cosmetic Act to allow
licensed veterinarians to order the extra-label use of drugs in
animals, and for other purposes; to the Committee on Energy and
Commerce.
Cosponsors added, [23FE], [15JN]
H.R. 1426--
A bill to provide for the maintenance of dams located on Indian lands by
the Bureau of Indian Affairs or through contracts with Indian
tribes; to the Committee on Natural Resources.
Reported with amendment (H. Rept. 103-600), [14JY]
Rules suspended. Passed House amended, [25JY]
Passed Senate, [11AU]
Presented to the President (August 12, 1994)
Approved [Public Law 103-302] (signed August 23, 1994)
H.R. 1428--
A bill to rescind funds appropriated for the Select Committee on Aging,
the Select Committee on Children, Youth, and Families, the Select
Committee on Hunger, and the Select Committee on Narcotics Abuse and
Control, effective April 1, 1993; to the Committee on
Appropriations.
Cosponsors added, [4AU]
H.R. 1431--
A bill to guarantee cost-of-living adjustments in fiscal year 1994 for
persons receiving benefits under civil service retirement and
military retirement and survivor benefit programs; jointly, to the
Committees on Armed Services; Post Office and Civil Service.
Cosponsors added, [25JA], [24FE], [13AP], [4OC]
H.R. 1432--
A bill to establish missions for Department of Energy research and
development laboratories, provide for the evaluation of laboratory
effectiveness in accomplishing such missions, and reorganize and
consolidate Department of Energy technology transfer activities, and
for other purposes; jointly, to the
[[Page 2580]]
Committees on Science, Space, and Technology; Armed Services.
Cosponsors added, [24FE]
Reported with amendment (H. Rept. 103-484, part 1), [26AP]
Reported with amendment (H. Rept. 103-484, part 2), [19MY]
H.R. 1433--
A bill to amend the Federal Aviation Act of 1958 to authorize the
Secretary of Transportation to guarantee loans for the acquisition
of Stage 3 aircraft, and for other purposes; to the Committee on
Pubic Works and Transportation.
Cosponsors added, [2AU]
H.R. 1434--
A bill to provide for the establishment of a Prescription Drug Price
Review Board to identify excessive drug prices and for other
purposes; to the Committee on Energy and Commerce.
Cosponsors added, [14AP]
H.R. 1438--
A bill to strengthen United States and international antiterrorism
efforts; jointly, to the Committees on Foreign Affairs; Ways and
Means; the Judiciary.
Cosponsors added, [26JA], [21MR]
H.R. 1439--
A bill to create ``Healthy American Schools,'' where children will learn
the lifelong health and fitness skills vital to developing a smart
body and smart mind and to empower every school with the ability to
become a healthy school, built on a firm foundation of ``healthy
mind and healthy body'' curricula; to the Committee on Education and
Labor.
Cosponsors added, [12AP], [13AP]
H.R. 1442--
A bill to amend title 38, United States Code, to require the Secretary
of Veterans Affairs to furnish outpatient medical services for any
disability of a former prisoner of war; to the Committee on
Veterans' Affairs.
Cosponsors added, [8JN], [21JN]
H.R. 1444--
A bill to amend title II of the Social Security Act to provide for
payment of a benefit for the month of the recipient's death; to the
Committee on Ways and Means.
Cosponsors added, [14AP]
H.R. 1452--
A bill to allow States, local educational agencies, and schools the
flexibility to use and combine Federal, State, and local funds to
improve the educational achievement of all elementary and secondary
school students; to the Committee on Education and Labor.
Cosponsors added, [14AP]
H.R. 1455--
A bill to provide protection for veal calves; to the Committee on
Agriculture.
Cosponsors added, [25JA], [3FE], [10FE], [23FE], [10MR], [20MY]
H.R. 1457--
A bill to protect the voting rights of homeless citizens; to the
Committee on the Judiciary.
Cosponsors added, [11MR], [21AU]
H.R. 1459--
A bill to amend the Immigration and Nationality Act to expand the
definition of ``aggravated felony,'' to eliminate the administrative
deportation hearing and review process for aliens convicted of
aggravated felonies who are not permanent residents, and for other
purposes; to the Committee on the Judiciary.
Cosponsors added, [19AP]
H.R. 1464--
A bill to prohibit discrimination on the basis of certain factors with
respect to any aspect of a surety bond transaction; to the Committee
on the Judiciary.
Cosponsors added, [26JA]
H.R. 1474--
A bill to increase the irrigable acreage for the San Angelo Federal
reclamation project, TX, and for other purposes; to the Committee on
Natural Resources.
Cosponsors added, [8FE]
Reported (H. Rept. 103-810), [3OC]
H.R. 1475--
A bill to amend the Internal Revenue Code of 1986 to increase the
unified estate and gift tax credits; to the Committee on Ways and
Means.
Cosponsors added, [28JN]
H.R. 1481--
A bill to deauthorize the Kissimmee River restoration project, Florida;
to the Committee on Public Works and Transportation.
Cosponsors added, [1AU]
H.R. 1482--
A bill to eliminate the tobacco price support program; to the Committee
on Agriculture.
Cosponsors added, [2FE], [12AP], [30JN], [19JY], [27JY], [1AU]
H.R. 1483--
A bill to require the President to dispose of materials in the National
Defense Stockpile that are obsolete for military purposes or in
excess supply in the stockpile and to acquire strategic and critical
materials that are in inadequate supply in the stockpile; to the
Committee on Armed Services.
Cosponsors added, [2FE], [12AP], [14JN], [30JN], [27JY], [29JY], [1AU]
H.R. 1484--
A bill making appropriations for the House of Representative's official
mail cost for the fiscal year ending September 30, 1994 and for
other purposes; to the Committee on Appropriations.
Cosponsors added, [12AP]
H.R. 1485--
A bill making appropriations for the House of Representative's committee
funding, salaries, and expenditures for the fiscal year ending
September 30, 1994, and for other purposes; to the Committee on
Appropriations.
Cosponsors added, [2FE], [1AU]
H.R. 1487--
A bill to limit the amounts obligated or expended for fiscal year 1994
for travel expenses for officers and employees of the Federal
Government; jointly, to the Committees on Government Operations;
House Administration; the Judiciary.
Cosponsors added, [2FE], [9MR], [12AP], [14AP], [19MY], [8JN], [29JN],
[30JN], [1AU], [7OC]
H.R. 1489--
A bill to amend the Internal Revenue Code of 1986 to repeal the
provision which includes unemployment compensation in income subject
to tax; to the Committee on Ways and Means.
Cosponsors added, [26AP]
H.R. 1490--
A bill to reauthorize and amend the Endangered Species Act of 1973 to
improve and protect the integrity of its programs for the
conservation of threatened and endangered species, to ensure
balanced consideration of all impacts of decisions implementing the
act, to provide for equitable treatment of non-Federal persons and
Federal agencies under the act, to encourage non-Federal persons to
contribute voluntarily to species conservation, and for other
purposes; to the Committee on Merchant Marine and Fisheries.
Cosponsors added, [3MR], [10MR], [23MR], [5MY], [29JN], [9AU]
Cosponsors removed, [20AP]
H.R. 1493--
A bill to reform the concessions policies of the National Park Service,
and for other purposes; to the Committee on Natural Resources.
Cosponsors added, [1FE], [2MR], [10MR], [23MR], [19AP], [11MY], [19MY]
H.R. 1496--
A bill to amend the Immigration and Nationality Act to authorize the
registration of aliens on criminal probation or criminal parole; to
the Committee on the Judiciary.
Cosponsors added, [23FE]
H.R. 1497--
A bill to amend title 18, United States Code, to preserve personal
privacy with respect to information contained in prescription drug
records; to the Committee on the Judiciary.
Cosponsors added, [15MR]
H.R. 1500--
A bill to designate certain Federal lands in the State of Utah as
wilderness, and for other purposes; to the Committee on Natural
Resources.
Cosponsors added, [8FE], [11MR], [14AP], [18MY], [26MY], [9JN],
[21JN], [24JN], [29JN], [12JY], [19JY], [22JY], [29JY], [16AU],
[18AU], [13SE], [22SE], [28SE], [5OC], [7OC]
H.R. 1501--
A bill to prohibit the importation, manufacture, sale, purchase,
transfer, receipt, or transportation of handguns, in any manner
affecting interstate or foreign commerce, except for or by members
of the Armed Forces, law enforcement officials, and, as authorized
by the Secretary of the Treasury, licensed importers, manufacturers,
dealers, and pistol clubs; to the Committee on the Judiciary.
Cosponsors added, [28AP]
H.R. 1505--
A bill to require a 25-percent reduction in appropriations for the
legislative branch of the Government; to the Committee on House
Administration.
Cosponsors added, [26JA], [30JN], [1AU]
H.R. 1509--
A bill to provide for full statutory wage adjustments for prevailing
rate employees, and for other purposes; to the Committee on Post
Office and Civil Service.
Cosponsors added, [9JN], [2AU], [18AU]
H.R. 1517--
A bill to extend the coverage of certain Federal labor laws to foreign
documented vessels, and for other purposes; to the Committee on
Education and Labor.
Cosponsors added, [1MR], [2MR], [7MR], [8MR], [11MR], [21MR], [22MR],
[24MR], [12AP], [19AP], [12SE], [26SE]
Reported (H. Rept. 103-818), [3OC]
H.R. 1518--
A bill to repeal the Service Contract Act of 1965; to the Committee on
Education and Labor.
Cosponsors added, [29JN], [29JY], [1AU]
H.R. 1519--
A bill to reduce United States development assistance to India unless
the Government of India repeals certain special or preventive
detention laws; to the Committee on Foreign Affairs.
Cosponsors added, [22JY]
H.R. 1520--
A bill to amend the Petroleum Marketing Practices Act; to the Committee
on Energy and Commerce.
Reported with amendment (H. Rept. 103-737), [22SE]
Rules suspended. Considered, [3OC]
Rules suspended. Passed House amended, [4OC]
Passed Senate, [5OC]
Presented to the President (October 11, 1994)
Approved [Public Law 103-371] (signed October 19, 1994)
H.R. 1527--
A bill to amend the Elementary and Secondary Education Act of 1965 to
establish a grant program to provide coordinated and comprehensive
services to elementary and secondary students and families; to the
Committee on Education and Labor.
Cosponsors added, [14AP]
H.R. 1528--
A bill to amend the Head Start Act to make quality improvements in Head
Start Programs, and for other purposes; to the Committee on
Education and Labor.
Cosponsors added, [3FE], [17MR]
H.R. 1529--
A bill to amend the National Labor Relations Act to allow labor
management cooperative efforts that improve economic competitiveness
in the United States to continue to thrive, and for other purposes;
to the Committee on Education and Labor.
Cosponsors added, [8FE]
H.R. 1531--
A bill to authorize the rehabilitation and expansion of the African
American Panoramic Experience Center within the Martin Luther King,
Jr., Historic Site and Preservation District; to the Committee on
Natural Resources.
Cosponsors added, [24FE]
H.R. 1532--
A bill to amend the Federal Aviation Act of 1958 to limit the age
restrictions imposed upon aircraft pilots; to the Committee on
Public Works and Transportation.
Cosponsors added, [8FE], [20AP], [8JN], [24JN]
H.R. 1533--
A bill to amend the Federal Aviation Act of 1958 to require the use of
child safety restraint systems approved by the Secretary of
Transportation on commercial aircraft; to the Committee on Public
Works and Transportation.
Cosponsors added, [20AP]
H.R. 1534--
A bill to require States to ensure the quality of private security
services, and the competence of private security officer personnel,
as a condition of eligibility to receive funds under title II of the
Juvenile Justice and Delinquency Prevention Act of 1974; to the
Committee on Education and Labor.
Cosponsors added, [25JA], [23FE], [10MR], [8AU]
H.R. 1538--
A bill to amend the Public Health Service Act to promote activities for
the prevention of additional cases of infection with the virus
commonly
[[Page 2581]]
known as HIV; to the Committee on Energy and Commerce.
Cosponsors added, [23MR], [20AP], [12JY]
H.R. 1541--
A bill to amend title II of the Social Security Act to provide that an
individual's entitlement to any benefit thereunder shall continue
through the month of his or her death (without affecting any other
person's entitlement to benefits for that month) and that such
individual's benefit shall be payable for such month only to the
extent proportionate to the number of days in such month preceding
the date of such individual's death; to the Committee on Ways and
Means.
Cosponsors added, [2FE]
H.R. 1543--
A bill to amend title 28, United States Code to permit payment, from the
Department of Justice Assets Forfeiture Fund, of State and local
taxes on certain seized property; to the Committee on the Judiciary.
Cosponsors added, [25MY]
H.R. 1551--
A bill to amend the Internal Revenue Code of 1986 to provide an
exclusion from unrelated business taxable income for certain
sponsorship payments; to the Committee on Ways and Means.
Cosponsors added, [8MR], [25MY], [28JY], [13SE], [28SE]
H.R. 1552--
A bill to repeal the Helium Act, to require the Secretary of the
Interior to sell Federal real and personal property held in
connection with activities carried out under the Helium Act, and for
other purposes; to the Committee on Natural Resources.
Cosponsors added, [25JA], [23FE], [2MR], [12AP], [1AU], [12SE]
H.R. 1555--
A bill to terminate the Ground-Wave Emergency Network [GWEN] Program; to
the Committee on Armed Services.
Cosponsors added, [8FE]
H.R. 1559--
A bill to amend the Internal Revenue Code of 1986 to provide an
investment tax credit for stage 3 aircraft; to the Committee on Ways
and Means.
Cosponsors added, [1FE]
H.R. 1562--
A bill to amend title V of Public Law 96-550, designating the Chaco
Culture Archeological Protection Sites, and for other purposes; to
the Committee on Natural Resources.
Reported with amendment (H. Rept. 103-678), [8AU]
Rules suspended. Passed House amended, [8AU]
H.R. 1563--
A bill to establish a comprehensive policy with respect to the provision
of health care coverage and services to individuals with severe
mental illnesses, and for other purposes; to the Committee on Energy
and Commerce.
Cosponsors added, [8FE], [13JY]
H.R. 1572--
A bill to award grants to States to promote the development of
alternative dispute resolution systems for medical malpractice
claims, to generate knowledge about such systems through expert data
gathering and assessment activities, to promote uniformity and to
curb excesses in State liability systems through Federally mandated
liability reforms, and for other purposes; to the Committee on the
Judiciary.
Cosponsors added, [23FE], [2MR], [19JY], [25JY]
H.R. 1573--
A bill to strengthen the international trade position of the United
States by extending the Super 301 provision of U.S. trade law; to
the Committee on Ways and Means.
Cosponsors added, [19AP]
H.R. 1579--
A bill to restrict the authorities of the President with respect to
regulating the exchange of information with, travel to or from, and
educational and cultural exchanges with, foreign countries; to the
Committee on Foreign Affairs.
Cosponsors added, [5MY]
H.R. 1583--
A bill to amend title 11 of the United States Code to make
nondischargeable debts for postpetition fees payable to a membership
association with respect to the debtor's interest in, and for the
period during which the debtor occupied, a dwelling unit that has
condominium or cooperative ownership; to the Committee on the
Judiciary.
Cosponsors added, [9FE], [9MR], [11MY], [26MY], [12JY]
H.R. 1593--
A bill to amend the Government in the Sunshine Act to require the
disclosure of certain activities; to the Committee on Government
Operations.
Referral to the Committee on the Judiciary extended, [28FE], [14AP]
Committee discharged, [2MY]
H.R. 1595--
A bill to require that all Federal lithographic printing be performed
using ink made from vegetable oil, and for other purposes; jointly,
to the Committees on House Administration; Government Operations.
Cosponsors added, [25JA], [17MR], [20AP], [8JN], [15JN]
H.R. 1596--
A bill to amend title 10, United States Code, to provide that certain
individuals who would otherwise be eligible for military retired pay
for nonregular service but who did not serve on active duty during a
period of conflict may be paid such retired pay if they served in
the U.S. merchant marine during or immediately after World War II;
to the Committee on Armed Services.
Cosponsors added, [10FE], [22MR], [18AP], [11MY], [20JY]
H.R. 1600--
A bill entitled, ``Interstate Child Support Enforcement Act''; jointly,
to the Committees on Ways and Means; the Judiciary; Banking, Finance
and Urban Affairs; Armed Services; Education and Labor.
Cosponsors added, [8FE], [18AU], [19AU]
H.R. 1602--
A bill to reform the management of grazing on the public range lands; to
the Committee on Natural Resources.
Cosponsors added, [24FE]
H.R. 1604--
A bill to eliminate the price support program for wool and mohair;
jointly, to the Committees on Agriculture; Government Operations.
Cosponsors added, [25JA], [1FE], [28AP], [20JY], [28JY], [29JY],
[1AU], [7OC], [29NO]
H.R. 1605--
A bill to repeal the Rural Electrification Act of 1936, require the sale
of all loans made under such act, and authorize the Secretary of
Agriculture to make loans to electric generation and transmission
cooperatives which are unable to obtain needed financing in the
private sector; to the Committee on Agriculture.
Cosponsors added, [25JA], [8FE], [1AU], [7OC]
H.R. 1606--
A bill to amend the Agricultural Act of 1949 to lower the target price
of program crops in 1994 and 1995 in commodity programs operated by
the Department of Agriculture; to the Committee on Agriculture.
Cosponsors added, [8FE], [28AP], [19MY], [1AU]
H.R. 1607--
A bill to terminate production by the United States of tritium,
plutonium, and highly enriched uranium for weapons; to the Committee
on Armed Services.
Cosponsors added, [8FE], [28AP], [21JN], [29JY]
H.R. 1617--
A bill to authorize the establishment on the grounds of the Edward
Hines, Jr., Department of Veterans Affairs Hospital, Hines, IL, of a
facility to provide temporary accommodations for family members of
severely ill children being treated at a nearby university medical
center; to the Committee on Veterans' Affairs.
Cosponsors added, [13AP]
Reported (H. Rept. 103-476), [14AP]
Rules suspended. Passed House, [18AP]
H.R. 1618--
A bill to amend title XVIII of the Social Security Act to permit direct
payment under the Medicare Program for services of registered nurses
as assistants at surgery; jointly, to the Committees on Ways and
Means; Energy and Commerce.
Cosponsors added, [1FE], [13AP]
H.R. 1620--
A bill to prohibit direct Federal financial benefits and unemployment
benefits for illegal aliens and to end Federal mandates for States
to provide benefits for illegal aliens; to the Committee on the
Judiciary.
Cosponsors added, [25JA], [26JA], [8FE], [12AP], [18AP], [1AU], [3AU],
[7OC]
H.R. 1621--
A bill to achieve increased contributions by European member nations of
the North Atlantic Treaty Organization to offset the costs of
maintaining U.S. military personnel and installations in these
nations; to the Committee on Foreign Affairs.
Cosponsors added, [8FE], [10MR], [24MR], [23MY], [29JN], [25JY],
[28JY]
H.R. 1622--
A bill to terminate annual direct grant assistance to the Commonwealth
of the Northern Mariana Islands; jointly, to the Committees on
Natural Resources; Foreign Affairs.
Cosponsors added, [26JA], [22JY], [1AU], [8AU]
H.R. 1625--
A bill to improve access to fair compensation for those injured while
receiving medical care and to increase availability of health care
services by reducing the costs of both medical malpractice liability
premiums and defensive medicine; jointly, to the Committees on the
Judiciary; Ways and Means; Energy and Commerce.
Cosponsors added, [3FE]
H.R. 1627--
A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act
and the Federal Food, Drug, and Cosmetic Act, and for other
purposes; jointly, to the Committees on Agriculture; Energy and
Commerce.
Cosponsors added, [2FE], [1MR], [11MR], [24MR], [14AP], [18AP],
[20AP], [10JN], [29JN], [21JY], [28JY], [2AU]
H.R. 1631--
A bill to amend title 11, District of Columbia Code, to increase the
maximum amount in controversy permitted for cases under the
jurisdiction of the Small Claims and Conciliation Branch of the
Superior Court of the District of Columbia; to the Committee on the
District of Columbia.
Passed Senate amended, [25MY]
House agreed to Senate amendment, [8AU]
Presented to the President (August 11, 1994)
Approved [Public Law 103-303] (signed August 23, 1994)
H.R. 1632--
A bill to amend title 11, District of Columbia Code, to remove gender-
specific references; to the Committee on the District of Columbia.
Passed Senate, [25MY]
Presented to the President (June 7, 1994)
Approved [Public Law 103-266] (signed June 13, 1994)
H.R. 1638--
A bill to amend the Excellence in Mathematics, Science, and Engineering
Education Act of 1990 to establish the National Academy of Science,
Space, and Technology at State universities, to expand the
scholarship program associated with such Academy, to direct the
Administrator of General Services to construct a public building to
provide space for the headquarters of such Academy, and for other
purposes; jointly, to the Committees on Science, Space, and
Technology; Public Works and Transportation.
Reported with amendment (H. Rept. 103-512), [19MY]
H.R. 1640--
A bill to provide for the immunization of all children in the United
States against vaccine preventable diseases, and for other purposes;
jointly, to the Committees on Energy and Commerce; Ways and Means.
Cosponsors added, [3FE], [16MR]
H.R. 1671--
A bill to require the Secretary of the Treasury to mint coins in
commemoration of the acceptance of the responsibility of the Federal
Government for the care and maintenance of the historic buildings in
which the United States of America and its Government were created;
to the Committee on Banking, Finance and Urban Affairs.
Cosponsors added, [25JA], [2FE], [7FE], [9FE], [22FE], [23FE], [24FE],
[8MR], [10MR], [16MR], [17MR], [18MR], [23MR], [12AP], [18AP],
[19AP], [20AP], [21AP], [17MY], [19MY], [23MY], [24MY], [9JN],
[14JN], [16JN], [21JN], [24JN], [29JN], [12JY], [20JY], [2AU],
[5AU], [10AU], [11AU], [18AU], [19AU], [19SE], [21SE], [22SE],
[26SE], [27SE], [3OC], [7OC]
H.R. 1673--
A bill to limit to $1,500,000,000 the amount expended by the Department
of Defense during any fiscal year for the strategic defense
initiative; to the Committee on Armed Services.
[[Page 2582]]
Cosponsors added, [8FE], [24MR], [28JN], [25JY], [12SE]
H.R. 1677--
A bill to provide grants to States and local entities to integrate
education, medical, and social and human services to at-risk
children; to the Committee on Education and Labor.
Cosponsors added, [2FE], [11MR]
H.R. 1683--
A bill to amend title XIX of the Social Security Act to provide for
mandatory coverage of services furnished by nurse practitioners and
clinical nurse specialists under State medicaid plans; to the
Committee on Energy and Commerce.
Cosponsors added, [25JA], [29JN]
H.R. 1685--
A bill to establish in the Department of the Interior the Essex Heritage
District Commission, and for other purposes; to the Committee on
Natural Resources.
Cosponsors added, [11FE]
H.R. 1687--
A bill to provide financial assistance to eligible local educational
agencies to improve rural education, and for other purposes; to the
Committee on Education and Labor.
Cosponsors added, [26JA], [9FE], [18AP]
H.R. 1690--
A bill to authorize certain elements of the Yakima River Basin Water
Enhancement Project, and for other purposes; to the Committee on
Natural Resources.
Reported with amendment (H. Rept. 103-644), [1AU]
Rules suspended. Passed House amended, [1AU]
H.R. 1697--
A bill to require the Secretary of the Treasury to mint coins in
commemoration of the Women in Military Service for American
Memorial; to the Committee on Banking, Finance and Urban Affairs.
Cosponsors added, [7FE]
H.R. 1702--
A bill entitled the ``Government Procurement Act of 1993''; jointly, to
the Committees on Government Operations; Armed Services.
Cosponsors added, [23FE]
H.R. 1703--
A bill to require employer health benefit plans to meet standards
relating to the nondiscriminatory treatment of neuro- biological
disorders, and for other purposes; jointly, to the Committees on
Education and Labor; Ways and Means; Energy and Commerce.
Cosponsors added, [7OC]
H.R. 1705--
A bill to amend part F of title IV of the Elementary and Secondary
Education Act of 1965 to reauthorize the instruction program on the
history and principles of democracy; to the Committee on Education
and Labor.
Cosponsors added, [6OC]
H.R. 1708--
A bill entitled, ``Hardrock Mining Reform Act of 1993''; to the
Committee on Natural Resources.
Cosponsors added, [13AP]
H.R. 1709--
A bill to amend the Federal Food, Drug, and Cosmetic Act to establish
provisions regarding the composition and labeling of dietary
supplements); to the Committee on Energy and Commerce.
Cosponsors added, [25JA], [9FE], [23FE], [24MR], [20MY], [29JN],
[26AU], [7OC]
H.R. 1712--
A bill to amend title XVI of the Social Security Act to institute
certain reforms relating to representative payees and to the
provision of supplemental security income benefits to the disabled
based on substance abuse, and for other purposes; jointly, to the
Committees on Ways and Means; Energy and Commerce.
Cosponsors added, [3FE], [24FE], [1MR], [2MR], [8MR], [9MR], [11MR],
[17MR], [21MR], [18AP], [28AP], [9JN]
H.R. 1716--
A bill to amend the act of January 26, 1915, establishing Rocky Mountain
National Park, to provide for the protection of certain lands in
Rocky Mountain National Park and along North St. Vrain Creek and for
other purposes; to the Committee on Natural Resources.
Reported with amendments (H. Rept. 103-592), [12JY]
Rules suspended. Passed House amended, [12JY]
H.R. 1718--
A bill to award a congressional gold medal to Lou Rawls; to the
Committee on Banking, Finance and Urban Affairs.
Cosponsors added, [1FE], [10FE], [3MR], [16MR], [22MR], [20AP]
H.R. 1719--
A bill to promote the implementation of programs to improve the traffic
safety performance of high-risk drivers; to the Committee on Public
Works and Transportation.
Cosponsors added, [26JA], [11FE], [23FE], [2MR], [3MR], [21MR],
[23MR], [12AP], [19AP], [3MY], [12SE]
H.R. 1722--
A bill making appropriations to begin a phase-in toward full funding of
the special supplemental food program for women, infants and
children [WIC] and of Head Start Programs, and to expand the Job
Corps Program for the year ending September 30, 1994, and for other
purposes; to the Committee on Appropriations.
Cosponsors added, [28JN]
H.R. 1725--
A bill to limit excessive compensation and bonuses paid by the
Resolution Trust Corporation and for other purposes; to the
Committee on Banking, Finance and Urban Affairs.
Cosponsors added, [1AU], [11AU]
H.R. 1727--
A bill to establish a program of grants to States for arson research,
prevention, and control, and for other purposes; to the Committee on
Science, Space, and Technology.
House agreed to Senate amendment with amendment (pursuant to H. Res.
413), [26AP]
Senate agreed to House amendment to Senate amendment, [6MY]
Presented to the President (May 10, 1994)
Approved [Public Law 103-254] (signed May 19, 1994)
H.R. 1736--
A bill to amend the Internal Revenue Code of 1986 to provide that
certain deductions of members of the National Guard or reserve units
of the Armed Forces will be allowable in computing adjusted gross
income; to the Committee on Ways and Means.
Cosponsors added, [3MR], [23MR], [19MY]
H.R. 1737--
A bill prohibiting the manufacture, sale, delivery, or importation of
school buses that do not have seat belts, and for other purposes;
jointly, to the Committees on Energy and Commerce; Public Works and
Transportation.
Cosponsors added, [26MY], [9JN], [15JN], [17JN], [23JN], [29JN],
[13JY], [14JY], [19JY], [12AU]
H.R. 1747--
A bill to amend the Internal Revenue Code of 1986 to provide for
rollover of gain from sale of farm assets into an individual
retirement account; to the Committee on Ways and Means.
Cosponsors added, [8FE], [12AP]
H.R. 1758--
A bill to revise, codify, and enact without substantive change certain
general and permanent laws, related to transportation, as subtitles
II, and V-X of title 49, United States Code, ``Transportation,'' and
to make other technical improvements in the Code; to the Committee
on the Judiciary.
Passed Senate, [10JN]
Presented to the President (June 28, 1994)
Approved [Public Law 103-272] (signed July 5, 1994)
H.R. 1765--
A bill to exempt from the antitrust laws, mergers and service
allocations entered into by certain hospitals in low population
areas; to the Committee on the Judiciary.
Cosponsors added, [23FE]
H.R. 1767--
A bill to amend the Internal Revenue Code of 1986 to permit the issuance
of tax-exempt bonds by certain organizations providing rescue and
emergency medical services; to the Committee on Ways and Means.
Cosponsors added, [2MR], [20AP], [24MY], [14JY]
H.R. 1778--
A bill to amend title 10, United States Code, and title XVIII of the
Social Security Act to permit the reimbursement of expenses incurred
by a medical facility of the uniformed services or the Department of
Veterans Affairs in providing health care to persons eligible for
care under Medicare; jointly, to the Committees on Armed Services;
Ways and Means; Energy and Commerce.
Cosponsors added, [1FE]
H.R. 1779--
A bill to designate the facility of the U.S. Postal Service located at
401 South Washington Street in Chillicothe, MO, as the ``Jerry L.
Litton United States Post Office Building''; to the Committee on
Post Office and Civil Service.
Reported with amendments (no written repoprt), [12AU]
Passed Senate amended, [19AU]
Rule suspended. House agreed to Senate amendments with amendments,
[19SE]
Senate agreed to House amendments to Senate amendments, [21SE]
Presented to the President (September 26, 1994)
Approved [Public Law 103-338] (signed October 6, 1994)
H.R. 1780--
A bill to amend the Merchant Marine Act of 1936, to authorize State
maritime academies to reimburse qualified individuals for fees
imposed for the issuance of certain entry level merchant seamen
licenses and merchant mariners' documents, and for other purposes;
to the Committee on Merchant Marine and Fisheries.
Cosponsors added, [6OC]
H.R. 1783--
A bill to amend title 5, United States Code, to include service during
World War II in the U.S. merchant marine as military service for
purposes of the Civil Service Retirement System; to the Committee on
Post Office and Civil Service.
Cosponsors added, [24FE]
H.R. 1785--
A bill to make various budget cuts and for other purposes; jointly, to
the Committees on Public Works and Transportation; Energy and
Commerce; House Administration; Natural Resources; Banking, Finance
and Urban Affairs; Government Operations; Agriculture; Ways and
Means; Post Office and Civil Service; Education and Labor;
Appropriations.
Cosponsors added, [8FE], [4MY], [1AU]
H.R. 1792--
A bill to amend title 46, United States Code, to require that any
regulation establishing or increasing a fee or charge for a person
engaged in the carriage of goods or passengers by vessel for hire be
issued after notice, hearing, and comment and on the record, and for
other purposes; to the Committee on Merchant Marine and Fisheries.
Cosponsors added, [3MY]
H.R. 1793--
A bill to amend the Elementary and Secondary Education Act of 1965 to
ensure gender equity in education, and for other purposes; to the
Committee on Education and Labor.
Cosponsors added, [2FE], [23FE], [23MR], [20JY], [22JY], [13SE]
H.R. 1795--
A bill to amend the Elementary and Secondary Education Act of 1965 to
assist schools and educational institutions in the elimination of
sexual harassment and abuse; to the Committee on Education and
Labor.
Cosponsors added, [3FE], [20AP]
H.R. 1797--
A bill to prohibit the designation as a beneficiary developing country
under the Generalized System of Preference any country that engages
in certain actions regarding nuclear weapons, nuclear weapon
components, and nuclear weapon design information; to the Committee
on Ways and Means.
Cosponsors added, [25JA]
H.R. 1799--
A bill making accession to the Treaty for the Non-Proliferation of
Nuclear Weapons a condition for designation as a beneficiary
developing country under the Generalized System of Preferences; to
the Committee on Ways and Means.
Cosponsors added, [25JA]
H.R. 1801--
A bill to amend the Federal Water Pollution Control Act to establish a
National Clean Water Trust Fund and to authorize the Administrator
of the Environmental Protection Agency to use amounts in that fund
to carry out projects to restore and recover waters of the United
States from damages resulting from violations of that act, and for
other purposes; to the Committee on Public Works and Transportation.
Cosponsors added, [2FE], [9FE], [3MR], [21JN], [23JN]
H.R. 1804--
A bill to improve learning and teaching by providing a national
framework for education
[[Page 2583]]
reform; to promote the research, consensus building, and systemic
changes needed to ensure equitable educational opportunities and
high levels of educational achievement for all American students; to
provide a framework for reauthorization of all Federal education
programs; to promote the development and adoption of a voluntary
national system of skill standards and certifications; and for other
purposes; to the Committee on Education and Labor.
Passed Senate amended, [8FE]
Senate insisted on its amendment and asked for a conference, [8FE]
House agreed to Senate amendment with amendment, [23FE]
House insisted on its amendment to Senate amendment and asked for a
conference, [23FE]
Conferees appointed, [23FE]
Senate disagreed to House amendment to Senate amendment and agreed to
a conference, [2MR]
Change of Conferees, [11MR]
Conference report (H. Rept. 103-446) submitted in the House, [21MR]
House agreed to conference report, [23MR]
Senate agreed to conference report, [26MR]
Presented to the President (March 28, 1994)
Approved [Public Law 103-227] (signed March 31, 1994)
H.R. 1809--
A bill to amend the Solid Waste Disposal Act to require producers and
importers of newsprint to recycle a certain percentage of newsprint
each year, to require the Administrator of the Environmental
Protection Agency to establish a recycling credit system for
carrying out such recycling requirement, to establish a management
and tracking system for such newsprint, and for other purposes; to
the Committee on Energy and Commerce.
Cosponsors added, [28JY]
H.R. 1815--
A bill to protect individuals engaged in a lawful hunt on Federal lands,
to establish an administrative civil penalty for persons who
intentionally obstruct, impede, or interfere with the conduct of a
lawful hunt, and for other purposes; jointly, to the Committees on
Natural Resources; Merchant Marine and Fisheries; Agriculture.
Cosponsors added, [3FE], [9FE], [8MR], [22JN]
H.R. 1816--
A bill to amend the Internal Revenue Code of 1986 to increase the
percentage depletion deduction for oil and natural gas produced from
stripper well properties, and for other purposes; to the Committee
on Ways and Means.
Cosponsors added, [28JY]
H.R. 1817--
A bill to protect private individuals against reprisals for disclosing
information regarding certain governmental actions; jointly, to the
Committees on Government Operations; Post Office and Civil Service;
the Judiciary.
Cosponsors added, [25MY]
H.R. 1818--
A bill to amend the Solid Waste Disposal Act to require a refund value
for certain beverage containers, and to provide resources for State
pollution prevention and recycling programs, and for other purposes;
to the Committee on Energy and Commerce.
Cosponsors added, [24FE], [12AP], [20MY]
Cosponsors removed, [15JN]
H.R. 1823--
A bill to require health warnings to be included in alcoholic beverage
advertisement, and for other purposes; to the Committee on Energy
and Commerce.
Cosponsors added, [2FE], [10FE], [10MR], [23MR], [19AP], [18MY],
[14JY]
H.R. 1824--
A bill to amend title 23, United States Code, to provide a minimum level
of funding for bicycle transportation facilities and pedestrian
walkways, and for other purposes; to the Committee on Public Works
and Transportation.
Cosponsors added, [24MR], [18MY], [4AU]
H.R. 1834--
A bill to amend title 18, United States Code, to prohibit the possession
of a handgun or ammunition by, or the private transfer of a handgun
or ammunition to, a minor; to the Committee on the Judiciary.
Cosponsors added, [4AU]
H.R. 1840--
A bill to amend part A of title IV of the Social Security Act to deny
benefits under the program of aid to families with dependent
children with respect to any child who has not received preventive
health care or been immunized in accordance with recommendations
issued by the Surgeon General of the Public Health Service, and to
amend the Child Care and Development Block Grant Act to require that
child care providers that receive assistance, directly or
indirectly, under such act require all children to be immunized in
accordance with such recommendations; jointly, to the Committees on
Ways and Means; Energy and Commerce.
Cosponsors added, [18AP], [20MY], [18AU]
H.R. 1843--
A bill to amend the Fair Housing Act to modify the exemption from
certain familial status discrimination prohibitions granted to
housing for older persons; to the Committee on the Judiciary.
Cosponsors added, [2FE], [8FE], [14AP], [16MY], [19MY], [8JN], [16JN],
[21JN], [22JN], [14JY], [20JY], [12SE], [20SE], [26SE], [28SE],
[3OC], [7OC]
H.R. 1852--
A bill to end the price support program for wool and mohair; to the
Committee on Agriculture.
Cosponsors added, [2FE], [12AP], [19JY], [27JY], [1AU], [7OC]
H.R. 1853--
A bill to eliminate the price support and production adjustment program
for honey, and for other purposes; to the Committee on Agriculture.
Cosponsors added, [2FE], [12AP], [19JY], [1AU], [7OC]
H.R. 1854--
A bill making appropriations for the House of Representatives Botanic
Gardens for the fiscal year ending September 30, 1994 and for other
purposes; to the Committee on Appropriations.
Cosponsors added, [1AU]
H.R. 1855--
A bill making appropriations for the House of Representatives Members'
personal physician for the fiscal year ending September 30, 1994 and
for other purposes; to the Committee on Appropriations.
Cosponsors added, [12AP], [1AU]
H.R. 1856--
A bill to prohibit the expenditure of appropriated funds on the Space
Station Freedom Program; to the Committee on Appropriations.
Cosponsors added, [2FE]
H.R. 1857--
A bill to repeal the Helium Act, to require the Secretary of the
Interior to sell Federal real and personal property held in
connection with activities carried out under the Helium Act, and for
other purposes; to the Committee on Natural Resources.
Cosponsors added, [2FE], [12AP], [19JY], [1AU], [9AU]
H.R. 1858--
A bill to terminate new water projects of the Bureau of Reclamation, and
for other purposes; to the Committee on Natural Resources.
Cosponsors added, [2FE]
H.R. 1859--
A bill to provide for the immediate termination of the superconducting
super collider project; to the Committee on Science, Space, and
Technology.
Cosponsors added, [2FE], [30JN], [19JY], [27JY]
H.R. 1860--
A bill to authorize a combined grant to States for administrative costs
necessary to carry out the program of aid to families with dependent
children under title IV of the Social Security Act, the State plan
for medical assistance under title XIX of such act, and the Food
Stamp Program, to eliminate enhanced Federal payments for such costs
under such programs, and for other purposes; jointly, to the
Committees on Ways and Means; Agriculture; Energy and Commerce.
Cosponsors added, [2FE], [12AP], [8JN], [27JY]
H.R. 1863--
A bill to amend the Internal Revenue Code of 1986 to allow a deduction
for contributions to education savings accounts and to provide that
amounts paid from such an account for educational expenses shall
never be subject to income tax; to the Committee on Ways and Means.
Cosponsors added, [3MY], [16JN]
H.R. 1864--
A bill to establish the Social Security Administration as an independent
agency; to the Committee on Ways and Means.
Cosponsors added, [17MR], [14AP], [5MY], [17MY]
H.R. 1872--
A bill to provide flexibility in education; to the Committee on
Education and Labor.
Cosponsors added, [2FE], [13AP]
H.R. 1873--
A bill to require certain payments made to victims of Nazi persecution
to be disregarded in determining eligibility for and the amount of
benefits or services based on need; to the Committee on Government
Operations.
Rules suspended. Passed House amended, [12JY]
Passed Senate, [19JY]
Presented to the President (July 21, 1994)
Approved [Public Law 103-286] (signed August 1, 1994)
H.R. 1874--
A bill to amend the Employee Retirement Income Security Act of 1974 and
the Internal Revenue Code of 1986 in order to increase the adequacy
and efficiency of the private pension system (consisting of employer
and individual retirement plans) by reducing pension vesting
requirements, improving the portability of earned pension benefits,
and encouraging the preservation of pension asset accumulations for
use in retirement and for other purposes; jointly, to the Committees
on Education and Labor; Ways and Means.
Cosponsors added, [3FE], [1MR]
H.R. 1877--
A bill to amend title I of the Employee Retirement Income Security Act
of 1974 to prohibit group health plans which provide coverage of
dependent children of participants from excluding from coverage
dependent children placed with participants for adoption,
irrespective of whether the adoption has taken effect, and to
prohibit restrictions on coverage under such plans of such children
solely on the basis of preexisting conditions at the time such
children would otherwise become eligible for coverage; to the
Committee on Education and Labor.
Cosponsors added, [19JY]
H.R. 1878--
A bill to amend the Occupational Safety and Health Act of 1970 to
provide for uniform warnings on personal protective equipment for
occupational use, and for other purposes; to the Committee on
Education and Labor.
Cosponsors added, [26JA]
H.R. 1881--
A bill to amend title I of the Employee Retirement Income Security Act
of 1974 to promote fairness in administration of health insurance
and other claims under employee welfare benefit plans and to improve
enforcement under such title with respect to such plans; to the
Committee on Education and Labor.
Cosponsors added, [12AP]
H.R. 1883--
A bill to amend title II of the Social Security Act to provide for a
more gradual period of transition (under a new alternative formula
with respect to such transition) to the changes in benefit
computation rules enacted in the Social Security Amendments of 1977
as such changes apply to workers born in years after 1916 and before
1927 (and related beneficiaries) and to provide for increases in
such workers' benefits accordingly, and for other purposes; to the
Committee on Ways and Means.
Cosponsors added, [3MR], [10JN], [7OC]
H.R. 1886--
A bill to amend the Job Training Partnership Act to establish a program
to assist discharged members of the Armed Forces to obtain training
and employment as managers and employees with public housing
authorities and management companies; to the Committee on Education
and Labor.
Cosponsors added, [2FE], [9FE], [2MR], [3MR], [9MR], [26AU]
H.R. 1887--
A bill to amend the Food Stamp Act of 1977 to identify and curtail fraud
in the food stamp program, and for other purposes; to the Committee
on Agriculture.
Cosponsors added, [8FE], [19AP], [13JY], [29JY], [1AU], [5AU]
H.R. 1897--
A bill to amend title II of the Social Security Act to eliminate the
reductions in Social Security benefits which are presently required
in
[[Page 2584]]
the case of spouses and surviving spouses who are also receiving
certain Government pensions; to the Committee on Ways and Means.
Cosponsors added, [25JA], [1FE], [3FE], [9FE], [3MR], [11MR], [16MR],
[13AP], [18MY], [8JN], [14JN], [18AU]
H.R. 1900--
A bill to prevent abuses of electronic monitoring in the workplace; to
the Committee on Education and Labor.
Cosponsors added, [26JA], [9FE], [24FE], [8MR], [16MR], [17MR],
[22MR], [12AP], [18AP], [20AP], [17MY], [24JN], [28JN], [1AU]
H.R. 1905--
A bill to amend the Agricultural Act of 1949 to require the Secretary of
Agriculture to reduce the price received by producers for milk that
is produced by cows injected with bovine growth hormone, and for
other purposes; to the Committee on Agriculture.
Cosponsors added, [12AP]
H.R. 1906--
A bill to amend the Federal Food, Drug, and Cosmetic Act with respect to
the labeling of milk and milk products, and for other purposes; to
the Committee on Energy and Commerce.
Cosponsors added, [9FE], [21MR], [12AP], [18AP], [25AP], [3MY],
[18MY], [9JN], [16JN]
H.R. 1910--
A bill to establish uniform product liability standards; jointly, to the
Committees on the Judiciary; Energy and Commerce.
Cosponsors added, [1FE], [11MR], [21MR], [12AP], [10MY], [25MY],
[14JN]
H.R. 1915--
A bill to amend title 46, United States Code, to require merchant
mariners' documents for certain seamen; to the Committee on Merchant
Marine and Fisheries.
Cosponsors added, [30JN]
H.R. 1921--
A bill to amend the Agricultural Trade Act of 1978 to repeal the market
promotion program of the Department of Agriculture; to the Committee
on Agriculture.
Cosponsors added, [12JY], [21JY], [11AU]
H.R. 1924--
A bill to amend the Solid Waste Disposal Act to allow petitions to be
submitted to prevent certain waste facilities from being constructed
in environmentally disadvantaged communities; to the Committee on
Energy and Commerce.
Cosponsors added, [13AP], [19AU]
H.R. 1928--
A bill to amend the Internal Revenue Code of 1986 to repeal the luxury
tax on beer, enacted in the Omnibus Budget Reconciliation Act of
1990, which doubled previous excise levels; to the Committee on Ways
and Means.
Cosponsors added, [3MR], [17MY], [14JY], [18AU], [19SE]
H.R. 1931--
A bill to amend the Internal Revenue Code of 1986 to allow farmers'
cooperatives to elect to include gains or losses from certain
dispositions in the determination of net earnings, and for other
purposes; to the Committee on Ways and Means.
Cosponsors added, [25JA]
H.R. 1933--
A bill to authorize appropriations for the Martin Luther King, Jr.,
Federal Holiday Commission, extend such Commission, establish a
National Service Day to promote community service, and for other
purposes; jointly, to the Committees on Post Office and Civil
Service; Education and Labor.
Reported with amendment (H. Rept. 103-418), [3FE]
Rules suspended. Passed House amended, [15MR]
Passed Senate amended, [24MY]
House agreed to Senate amendments, [10AU]
Presented to the President (August 12, 1994)
Approved [Public Law 103-304] (signed August 23, 1994)
H.R. 1938--
A bill to amend the Internal Revenue Code of 1986 to repeal the special
$15,000,000 limitation on the amount of a tax-exempt bond issue
which may be used to provide an output facility; to the Committee on
Ways and Means.
Cosponsors added, [2FE], [24FE], [24MR]
H.R. 1945--
A bill to provide for return of excess amounts from official allowances
of Members of the House of Representatives to the Treasury for
deficit reduction; to the Committee on House Administration.
Cosponsors added, [19MY], [28SE]
H.R. 1955--
A bill to require the President to impose economic sanctions against
countries that engage in whaling not authorized and approved by the
International Whaling Commission; jointly, to the Committees on
Merchant Marine and Fisheries; Ways and Means; Foreign Affairs.
Cosponsors added, [23JN], [28JY]
H.R. 1957--
A bill to amend the base closure laws to require the Secretary of
Defense to transfer real property and facilities at military
installations being closed or realigned to States and other entities
that agree to convert the property and facilities into correctional
facilities for youthful offenders to be operated as military-style
boot camps and to require the Secretary to develop a program to
promote the expanded use of such correctional facilities; jointly,
to the Committees on Armed Services; the Judiciary.
Cosponsors added, [28FE], [18AP]
H.R. 1961--
A bill to improve the interstate enforcement of child support and
parentage court orders, and for other purposes; jointly, to the
Committees on Ways and Means; the Judiciary; Natural Resources;
Banking Finance and Urban Affairs; Armed Services; Foreign Affairs;
Post Office and Civil Service; House Administration.
Cosponsors added, [3FE], [8FE], [22FE], [23FE], [7MR], [11MR], [24MR],
[13AP], [26AP], [22JN], [19AU]
H.R. 1968--
A bill to provide that periods of training in the Cadet Nurse Corps
during World War II be made creditable for Federal retirement
purposes with respect to annuitants and certain other individuals
not included under Public Law 99-638; to the Committee on Post
Office and Civil Service.
Cosponsors added, [25JA], [23FE], [8MR], [16MR], [14AP], [5MY],
[18MY], [15JN], [19JY], [7OC]
H.R. 1980--
A bill to amend the Federal Water Pollution Control Act to provide
additional assistance to economically distressed rural communities
under the State water pollution control revolving loan fund program;
to the Committee on Public Works and Transportation.
Cosponsors added, [10FE], [22FE], [24FE], [1MR], [3MR], [7MR], [17MR],
[7OC]
H.R. 1981--
A bill to amend the Employee Retirement Income Security Act of 1974 to
clarify the treatment of a qualified football coaches plan; to the
Committee on Ways and Means.
Cosponsors added, [8MR]
H.R. 1983--
A bill to amend title XIX of the Social Security Act to clarify the
availability of medicaid payment for childhood vaccine replacement
programs; to the Committee on Energy and Commerce.
Cosponsors added, [25JA]
H.R. 1986--
A bill to amend title 38, United States Code, to provide that the
effective date for discontinuance of compensation and pension paid
by the Secretary of Veterans Affairs shall be the date on which the
recipient dies, rather than the last day of the preceding month, in
the case of a veteran with a surviving spouse, and for other
purposes; to the Committee on Veterans' Affairs.
Cosponsors added, [23FE], [2MR], [8MR], [10MR], [17MR]
H.R. 1988--
A bill to amend title 17, United States Code, and the Communications Act
of 1934 with respect to the public performance, by means of the
display of video programming at places of public accommodation, of
games between professional sports teams; jointly, to the Committees
on the Judiciary; Energy and Commerce.
Cosponsors added, [28AP]
H.R. 1989--
A bill to provide for medical injury compensation reform for health care
services furnished using funds provided under certain Federal
programs or under group health plans, and for other purposes;
jointly, to the Committees on the Judiciary; Ways and Means; Energy
and Commerce.
Cosponsors added, [12AP], [2AU]
H.R. 1997--
A bill to amend the Internal Revenue Code of 1986 to provide incentives
for domestic timber production and manufacturing, and to deny the
benefits of certain export subsidies in the case of exports of
unprocessed timber; to the Committee on Ways and Means.
Cosponsors added, [21SE]
H.R. 1999--
A bill respecting the relationship between workers' compensation
benefits and the benefits available under the Migrant and Seasonal
Agricultural Worker Protection Act; to the Committee on Education
and Labor.
Cosponsors added, [1MR], [20AP], [26MY], [5AU]
H.R. 2004--
A bill to amend the Tariff Act of 1930 to require that certain revenues
attributable to tariffs levied on imports of textile machinery and
parts thereof be applied to support research for the modernization
of the American textile machinery industry; to the Committee on Ways
and Means.
Cosponsors added, [5AU], [19AU]
H.R. 2012--
A bill to authorize the President to award a gold medal on behalf of the
Congress to Richard ``Red'' Skelton, and to provide for the
production of bronze duplicates of such medal for sale to the
public; to the Committee on Banking, Finance and Urban Affairs.
Cosponsors added, [9MR], [12AP], [13AP], [14AP]
H.R. 2014--
A bill to amend title 23, United States Code, and the Federal Transit
Act to provide an increased Federal share for projects which have a
cost of $2,000,000 or more and to which value engineering is applied
and results in a certain minimum project cost savings; to the
Committee on Public Works and Transportation.
Cosponsors added, [29JY]
H.R. 2019--
A bill to amend the Internal Revenue Code of 1986 to improve revenue
collection and to provide that a taxpayer conscientiously opposed to
participation in war may elect to have such taxpayer's income,
estate, or gift tax payments spent for nonmilitary purposes, to
create the U.S. Peace Tax Fund to receive such tax payments, and for
other purposes; jointly, to the Committees on Ways and Means;
Education and Labor; Foreign Affairs.
Cosponsors added, [25JA], [10FE], [23FE], [2MR], [10MR], [14AP],
[15JN], [17JN], [23JN], [29JY], [12AU], [19AU], [29NO]
H.R. 2022--
A bill to amend the Internal Revenue Code of 1986 to generally treat
bonds issued for section 501(c)(3) organizations in a manner similar
to governmental bonds; to the Committee on Ways and Means.
Cosponsors added, [8FE]
H.R. 2031--
A bill to amend the Internal Revenue Code of 1986 to provide an election
to exclude from the gross estate the value of land subject to a
qualified conservation easement if certain conditions are satisfied,
to permit a qualified conservation contribution where the
probability of surface mining is remote and to make technical
changes to alternative valuation rules; to the Committee on Ways and
Means.
Cosponsors added, [28AP]
H.R. 2032--
A bill to recognize the organization known as the Black Veterans of
America; to the Committee on the Judiciary.
Cosponsors added, [25JA], [7FE], [12AP]
H.R. 2035--
A bill to terminate the Department of Defense independent research and
development program and to replace that program with a grant program
to be used for support of basic research; to the Committee on Armed
Services.
Cosponsors added, [2FE], [15JN]
H.R. 2036--
A bill to cancel the F/A-18 aircraft upgrade program; to the Committee
on Armed Services.
Cosponsors added, [2FE], [3MY], [19JY], [25JY]
H.R. 2037--
A bill to reduce the rate of procurement of DDG-51 destroyers; to the
Committee on Armed Services.
Cosponsors added, [2FE], [21AP], [3MY]
H.R. 2038--
A bill to amend the Housing Act of 1949 to decrease the number of loans
made under section
[[Page 2585]]
502 of such act and increase the regular payments made to borrowers
under such loans; to the Committee on Banking, Finance and Urban
Affairs.
Cosponsors added, [1AU]
H.R. 2043--
A bill to reauthorize and amend the Endangered Species Act of 1973; to
the Committee on Merchant Marine and Fisheries.
Cosponsors added, [10FE], [23MR], [20MY], [29JN], [13JY], [12AU],
[12SE], [7OC]
H.R. 2050--
A bill to terminate the space station Freedom and advanced solid rocket
motor programs, and to redirect the savings therefrom to deficit
reduction, and to National Aeronautics and Space Administration
space and civil aviation programs; to the Committee on Science,
Space, and Technology.
Cosponsors added, [25JA], [25AP], [22JY], [1AU], [12SE]
H.R. 2053--
A bill to amend the Federal Credit Reform Act of 1990 to include
administrative costs in the estimated long-term costs to the
Government of direct loan guarantees, and for other purposes; to the
Committee on Government Operations.
Cosponsors added, [8JN]
H.R. 2056--
A bill to designate the Federal building located at 600 Princess Anne
Street in Fredericksburg, VA, as the ``Samuel E. Perry Postal
Building''; to the Committee on Post Office and Civil Service.
Passed Senate, [8OC]
Presented to the President (October 18, 1994)
Approved [Public Law 103-410] (signed October 25, 1994)
H.R. 2059--
A bill to rescind unused funds resulting from the abolition of the
Select Committees on Aging; Children, Youth and Families; Hunger;
and Narcotics Abuse and Control; to the Committee on Appropriations.
Cosponsors added, [25JA], [1FE], [12AP], [12AU], [7OC]
H.R. 2062--
A bill to amend chapter 11 of title 38, United States Code, to provide
that veterans who are former prisoners of war shall be deemed to
have a service-connected disability rated as total for the purposes
of determining the benefits due to such veterans; to the Committee
on Veterans' Affairs.
Cosponsors added, [2FE], [16MR]
H.R. 2063--
A bill to amend existing law relating to the National Coastal Resources
Research and Development Institute; to the Committee on Merchant
Marine and Fisheries.
Rules suspended. Passed House, [21MR]
H.R. 2064--
A bill to amend the Internal Revenue Code of 1986 to allow a tax credit
for defense conversion; to the Committee on Ways and Means.
Cosponsors added, [28FE], [24MR], [21JN]
H.R. 2070--
A bill to amend the Housing and Community Development Act of 1974 to
establish a program to demonstrate the benefits and feasibility of
redeveloping or reusing abandoned or substantially underutilized
land in economically and socially distressed communities, and for
other purposes; to the Committee on Banking, Finance and Urban
Affairs.
Cosponsors added, [10FE]
H.R. 2076--
A bill to establish a policy of the United States and respect to nuclear
nonproliferation; to the Committee on Foreign Affairs.
Cosponsors added, [25JA], [22FE]
H.R. 2079--
A bill to amend the Federal Food, Drug, and Cosmetic Act and the Public
Health Service Act with respect to myelogram-related arachnoiditis;
to the Committee on Energy and Commerce.
Cosponsors added, [2FE], [28FE], [3MY]
H.R. 2080--
A bill to improve the management of public lands used for military
purposes, to require assessments of future needs for withdrawals of
public lands for such uses, and for other purposes; jointly, to the
Committees on Armed Services; Natural Resources.
Cosponsors added, [1AU]
H.R. 2084--
A bill for the relief of Fanie Phily Mateo Angeles; to the Committee on
the Judiciary.
Reported with an amendment (H. Rept. 103-581), [30JN]
Passed over, [19JY], [2AU], [4OC], [7OC]
H.R. 2088--
A bill to amend the Internal Revenue Code of 1986 in order to promote
and improve employee stock ownership plans; to the Committee on Ways
and Means.
Cosponsors added, [26JA], [26MY], [30JN], [25JY], [5AU], [13SE]
H.R. 2091--
A bill to amend section 507(a)(3) of title 11 of the United States Code
to give priority to certain claims of persons that are independent
sales representatives; to the Committee on the Judiciary.
Cosponsors added, [23FE]
H.R. 2092--
A bill to amend title 10, United States Code, to include chiropractic
care as an authorized health care benefit under the Civilian Health
and Medical Program of the Uniformed Services; to the Committee on
Armed Services.
Cosponsors added, [2FE], [10MR], [12AP], [13AP], [29JY]
H.R. 2095--
A bill to provide for the establishment of the Ohio River Corridor Study
Commission, and for other purposes; to the Committee on Natural
Resources.
Cosponsors added, [25JA]
H.R. 2105--
A bill to establish a program to assure nondiscriminatory compliance
with all environmental, health and safety laws, and to assure equal
protection of the public health; jointly, to the Committees on
Energy and Commerce; Public Works and Transportation; Education and
Labor; Agriculture.
Cosponsors added, [24FE], [24MR], [23MY], [7OC]
H.R. 2108--
A bill to make improvements in the Black Lung Benefits Act; to the
Committee on Education and Labor.
Reported (H. Rept. 103-507), [12MY]
Passed House amended, [19MY]
H.R. 2110--
A bill to amend the Public Health Service Act and title XIX of the
Social Security Act to provide for the prevention, control, and
elimination of tuberculosis; to the Committee on Energy and
Commerce.
Cosponsors added, [13AP]
H.R. 2113--
A bill to require approval by law of agency rules and regulations; to
the Committee on the Judiciary.
Cosponsors added, [18AU]
H.R. 2119--
A bill to establish an Immigration Enforcement Review Commission; to the
Committee on the Judiciary.
Cosponsors added, [16MR], [19JY], [7OC]
H.R. 2120--
A bill to prohibit the furnishing of international security to countries
that consistently oppose the United States position in the United
Nations General Assembly; to the Committee on Foreign Affairs.
Cosponsors added, [14AP]
H.R. 2129--
A bill to amend the Trademark Act of 1946 to provide for the
registration and protection of trademarks used in commerce, in order
to carry out provisions of certain international conventions, and
for other purposes; to the Committee on the Judiciary.
Reported with amendment (H. Rept. 103-780), [3OC]
Rules suspended. Passed House amended, [3OC]
H.R. 2130--
A bill to amend the Small Business Investment Act of 1958 to modify
requirements for payment and prepayment of debentures issued by
State and local development companies; to the Committee on Small
Business.
Cosponsors added, [25JA], [12JY]
H.R. 2132--
A bill to require recreational camps to report information concerning
deaths and certain injuries and illnesses to the Secretary of Health
and Human Services, to direct the Secretary to collect the
information in a central data system, to establish a President's
Advisory Council on Recreational Camps, and for other purposes; to
the Committee on Education and Labor.
Cosponsors added, [1FE], [17MY], [24MY], [8JN], [13JY], [25JY], [26JY]
H.R. 2135--
A bill to provide for a National Native American Veterans' Memorial; to
the Committee on House Administration.
Cosponsors added, [25JA], [2FE], [7FE], [9FE], [22FE], [23FE], [28FE],
[2MR], [8MR], [16MR], [23MR]
Rules suspended. Considered, [4OC]
Rules suspended. Passed House amended, [5OC]
Passed Senate, [8OC]
Presented to the President (October 18, 1994)
Approved [Public Law 103-384] (signed October 22, 1994)
H.R. 2139--
A bill to amend title 44, United States Code, to authorize
appropriations for the National Historical Publications and Records
Commission; to the Committee on Government Operations.
Passed Senate amended, [17MR]
House agreed to Senate amendments, [18MY]
Presented to the President (May 20, 1994)
Approved [Public Law 103-262] (signed May 31, 1994)
H.R. 2142--
A bill to amend the Internal Revenue Code of 1986 to allow the child and
dependent care credit to nonmarried individuals who are full-time
students; to the Committee on Ways and Means.
Cosponsors added, [9AU]
H.R. 2144--
A bill to provide for the transfer of excess land to the Government of
Guam, and for other purposes; jointly, to the Committees on Natural
Resources; Government Operations; Armed Services.
Rules suspended. Passed House amended, [26JA]
Passed Senate, [21SE]
Presented to the President (September 27, 1994)
Approved [Public Law 103-339] (signed October 6, 1994)
H.R. 2145--
A bill to amend section 227 of the Housing and Urban-Rural Recovery Act
of 1983 to prohibit owners and managers of federally assisted rental
housing from preventing elderly residents of such housing from
owning or having household pets in such housing; to the Committee on
Banking, Finance and Urban Affairs.
Cosponsors added, [25JA], [23FE], [16MR], [13AP], [11MY], [14JN],
[19JY], [1AU], [3OC]
H.R. 2147--
A bill to amend the Federal Food, Drug, and Cosmetic Act to regulate the
manufacture, labeling, sale, distribution, and advertising and
promotion of tobacco and other products containing nicotine, tar,
additives and other potentially harmful constituents, and for other
purposes; to the Committee on Energy and Commerce.
Cosponsors added, [26JA], [1FE], [3FE], [28FE], [11MR], [28AP],
[13JN], [21JN], [27JN], [19JY], [21JY]
H.R. 2152--
A bill to amend the Merchant Marine Act, 1936, to encourage merchant
marine investment, and for other purposes; jointly, to the
Committees on Merchant Marine and Fisheries; Ways and Means.
Cosponsors added, [23FE]
H.R. 2153--
A bill to designate the Giant Sequoia National Forest Preserve in the
State of California, and for other purposes; jointly, to the
Committees on Natural Resources; Agriculture.
Cosponsors added, [25JA], [2MR]
Placed on the calendar, [7JN]
H.R. 2159--
A bill to require the Federal Communications Commission to evaluate and
publicly report on the violence contained in television programs,
and for other purposes; to the Committee on Energy and Commerce.
Cosponsors added, [25JA], [9FE], [8MR]
H.R. 2161--
A bill to amend title II of the Social Security Act to expand current
restrictions on payment of benefits to prisoners by clarifying the
types of offenses with respect to which such restrictions are
applied, by including under such restrictions payments to
individuals confined for substantial periods to public institutions
pursuant to court order based on a verdict that the individual is
not guilty of a criminal offense by reason of insanity or a similar
finding, and by eliminating the rehabilitation exemption; to the
Committee on Ways and Means.
Cosponsors added, [3FE]
[[Page 2586]]
H.R. 2169--
A bill to amend the Federal Food, Drug, and Cosmetic Act to require that
foods derived from plant varieties developed by methods of genetic
modification be labeled to identify their derivation; to the
Committee on Energy and Commerce.
Cosponsors added, [24MR]
H.R. 2171--
A bill to amend the Internal Revenue Code of 1986 to increase the amount
of bonds eligible for financial institution purchase under small
issuer exception; to the Committee on Ways and Means.
Cosponsors added, [26JA]
H.R. 2175--
A bill to amend the Truth in Lending Act to prohibit issuers of credit
cards from limiting the ability of governmental agencies to charge
fees for honoring credit cards; to the Committee on Banking, Finance
and Urban Affairs.
Cosponsors added, [25JA], [24FE], [12AP], [18AP], [28AP], [29JN],
[12SE]
H.R. 2178--
A bill to amend the Hazardous Materials Transportation Act to authorize
appropriations for fiscal years 1994, 1995, 1996, and 1997; jointly,
to the Committees on Energy and Commerce; Public Works and
Transportation.
Passed Senate amended, [11AU]
Rules suspended. House agreed to Senate amendment, [16AU]
Presented to the President (August 22, 1994)
Approved [Public Law 103-311] (signed August 26, 1994)
H.R. 2188--
A bill to allow certain individuals seeking part-time employment to be
eligible to receive unemployment compensation, to require the
Secretary of Labor to establish and carry out an annual survey
relating to temporary workers, and to protect part-time and
temporary workers relating to pension and group health plans;
jointly, to the Committees on Ways and Means; Education and Labor.
Cosponsors added, [13JN]
H.R. 2194--
A bill for the relief of Merrill Lannen; to the Committee on the
Judiciary.
Reported (H. Rept. 103-604), [14JY]
Passed House, [2AU]
H.R. 2199--
A bill to amend the Federal Water Pollution Control Act to reauthorize
and modify the State water pollution control revolving loan program,
and for other purposes; jointly, to the Committees on Public Works
and Transportation; Merchant Marine and Fisheries; Ways and Means.
Cosponsors added, [24FE], [23MR], [12AP], [8JN]
H.R. 2207--
A bill to amend the Endangered Species Act of 1973 with common sense
amendments to strengthen the act, enhance wildlife conservation and
management, augment funding, and protect fishing, hunting, and
trapping; to the Committee on Merchant Marine and Fisheries.
Cosponsors added, [8MR], [22JN]
H.R. 2210--
A bill to amend the Internal Revenue Code of 1986 to provide an employer
a credit against income tax for the cost of providing mammography
screening for his employees; to the Committee on Ways and Means.
Cosponsors added, [9MR]
H.R. 2211--
A bill to amend the Consolidated Farm and Rural Development Act to
provide greater access to credit for family farmers who grow
specialty crops or operate in high land cost areas, and for other
purposes; to the Committee on Agriculture.
Cosponsors added, [12JY]
H.R. 2213--
A bill to provide that excess amounts from official allowances of
Members of the House of Representatives be returned to the Treasury
for deficit reduction or for the purpose of making the amounts
available for small business loans and investments; to the Committee
on House Administration.
Cosponsors added, [29SE]
H.R. 2216--
A bill to provide that a State may not take into account income from
sources outside the State in determining the amount of tax imposed
on the income of nonresidents; to the Committee on the Judiciary.
Cosponsors added, [13JN]
H.R. 2218--
A bill to amend the Elementary and Secondary Education Act of 1965 to
ensure that students are counted by using data from local
educational agencies when available; to the Committee on Education
and Labor.
Cosponsors added, [28AP]
H.R. 2219--
A bill to amend the Higher Education Act of 1965 to achieve savings in
the operation of the student loan programs under part B of title IV
of that act, and for other purposes; to the Committee on Education
and Labor.
Cosponsors added, [28JY], [1AU]
H.R. 2221--
A bill to amend the Congressional Budget Act of 1974 to provide for a 2-
year (biennial) budgeting cycle, and for other purposes; jointly, to
the Committees on Government Operations; Rules.
Cosponsors added, [8FE]
H.R. 2222--
A bill to amend the Foreign Trade Zones Act to allow foreign trade zones
to be established where a regional commission involving more than
one State will coordinate zone activities; to the Committee on Ways
and Means.
Cosponsors added, [24FE]
H.R. 2223--
A bill to designate the Federal building located at 525 Griffin Street
in Dallas, TX, as the ``A. Maceo Smith Federal Building''; to the
Committee on Public Works and Transportation.
Passed Senate, [1FE]
Presented to the President (February 8, 1994)
Approved [Public Law 103-213] (signed February 16, 1994)
H.R. 2227--
A bill to amend the Internal Revenue Code of 1986 to provide that
married couples may file a combined return under which each spouse
is taxed using the rates applicable to unmarried individuals; to the
Committee on Ways and Means.
Cosponsors added, [25JA], [9MR], [23MR], [19JY], [21JY], [29JY],
[19AU], [19SE]
H.R. 2228--
A bill to amend the Internal Revenue Code of 1986 to increase the amount
of the earned income tax credit for taxpayers with school age or
preschool age children, to repeal the health insurance credit
thereunder, and for other purposes; to the Committee on Ways and
Means.
Cosponsors added, [14AP], [29NO]
H.R. 2229--
A bill to lift the trade embargo on Cuba, and for other purposes;
jointly, to the Committees on Foreign Affairs; Ways and Means;
Energy and Commerce; Post Office and Civil Service.
Cosponsors added, [16MR], [24JN], [18AU], [3OC], [7OC]
H.R. 2238--
A bill to amend laws relating to Federal procurement, to authorize
functions and activities under the Federal Property and
Administrative Services Act of 1949, and for other purposes;
jointly, to the Committees on Government Operations; Armed Services.
Reported with amendment from Committee on Government Operations (H.
Rept. 103-545, part 1), [13JN]
Reported with amendments from Committee on Armed Services (H. Rept.
103-545, part 2), [17JN]
Rules suspended. Passed House amended, [27JN]
Laid on the table (S. 1587 passed in lieu), [27JN]
H.R. 2241--
A bill to provide for the establishment of a committee to assist the
Secretary of Health and Human Services in developing new criteria
and standards for audits of State child support programs, and to
require the Secretary to promulgate regulations to modify such
audits to emphasize program outcomes; to the Committee on Ways and
Means.
Cosponsors added, [25JA], [3FE], [8FE]
Cosponsors removed, [10FE]
H.R. 2243--
A bill to amend the Federal Trade Commission Act to extend the
authorization of appropriations in such act, and for other purposes;
to the Committee on Energy and Commerce.
Conference report (H. Rept. 103-617) submitted in the House, [21JY]
Rules suspended. House agreed to conference report, [25JY]
Senate agreed to conference report, [11AU]
Presented to the President (August 15, 1994)
Approved [Public Law 103-312] (signed August 26, 1994)
H.R. 2249--
A bill to preserve the integrity of certain athletic competition in
sports; to the Committee on the Judiciary.
Cosponsors added, [24FE]
H.R. 2254--
A bill to authorize the President to enter into an agreement with the
Government of the People's Republic of China to establish a United
States-China Bilateral Human Rights Commission; to the Committee on
Foreign Affairs.
Cosponsors added, [20AP]
H.R. 2258--
A bill to apply the expanded definition of disposable retired pay used
for computation of the maximum amount of a former spouse's share of
military retired pay to divorces that became final before the
effective date of amendments made by Public Law 101-510 as well as
those after that date; to the Committee on Armed Services.
Cosponsors added, [9FE], [22FE], [12AP], [29JN]
H.R. 2266--
A bill for the relief of Orlando Wayne Naraysingh; to the Committee on
the Judiciary.
Reported (H. Rept. 103-578), [30JN]
Passed House, [19JY]
Passed Senate, [8OC]
Presented to the President (October 18, 1994)
Approved [Private Law 103-6] (signed October 22, 1994)
H.R. 2268--
A bill to facilitate the development of an integrated, nationwide
telecommunications system dedicated to instruction by guaranteeing
the acquisition of a communications satellite system used solely for
communications among State and local instructional institutions and
agencies and instructional resource providers; to the Committee on
Education and Labor.
Cosponsors added, [23FE]
H.R. 2270--
A bill to improve the quality of education in the District of Columbia
by allowing choice for parents of elementary and secondary school
students; to the Committee on the District of Columbia.
Cosponsors added, [21SE]
H.R. 2271--
A bill to amend the Job Training Partnership Act to encourage the
placement of youths in private sector jobs under the Summer Youth
Employment and Training Program, and for other purposes; jointly, to
the Committees on Education and Labor; Ways and Means.
Cosponsors added, [23FE]
H.R. 2275--
A bill to amend title XVIII of the Social Security Act to treat
ventilators, aspirators, and certain other items as miscellaneous
items of durable medical equipment for purposes of determining the
amount of payment for such items under part B of the Medicare
Program; jointly, to the Committees on Ways and Means; Energy and
Commerce.
Cosponsors added, [28JY]
H.R. 2277--
A bill to provide grants to States and Indian tribes to provide payments
for labor and related costs associated with the repair and
rehabilitation of elementary school, secondary school, and Indian
tribal school facilities; to the Committee on Education and Labor.
Cosponsors added, [3FE]
H.R. 2286--
A bill to amend the Solid Waste Disposal Act to require States to
provide an opportunity for their citizens to participate in
comprehensive recycling programs, and for other purposes; to the
Committee on Energy and Commerce.
Cosponsors added, [8FE], [19JY]
H.R. 2287--
A bill to amend the Indian Gaming Regulatory Act, and for other
purposes; jointly, to the Committees on Natural Resources; the
Judiciary.
Cosponsors added, [26JA]
H.R. 2289--
A bill to amend the Ethics in Government Act of 1978 to extend the
authorization of appropriations for the Office of Government Ethics
for 8 years, and for other purposes; jointly, to the Committees on
Post Office and Civil Service; the Judiciary.
[[Page 2587]]
Reported with amendment from the Committee on Post Office and Civil
Service (H. Rept. 103-785, part 1), [3OC]
Reported with amendment from the Committee on the Judiciary (H. Rept.
103-785, part 2), [7OC]
H.R. 2292--
A bill to express the sense of the Congress to encourage the President
and the Governor of each State to carry out on-site composting at
their residences; to the Committee on Energy and Commerce.
Cosponsors added, [25JA], [26JA], [23FE], [3MR], [16MR], [21AP],
[19MY], [14JN], [15JN], [27JN], [30JN], [13JY], [19JY], [2AU],
[8AU], [9AU], [10AU], [16AU], [19AU], [12SE], [21SE], [28SE], [7OC]
H.R. 2293--
A bill to require each recipient of a grant or contract under section
1001 of the Public Health Service Act to provide information
concerning breast and cervical cancer; to the Committee on Energy
and Commerce.
Cosponsors added, [2MR], [12SE]
H.R. 2294--
A bill to designate the Federal building in Wichita Falls, TX, which is
currently known as the Main Post Office, as the ``Graham B. Purcell,
Jr., Post Office and Federal Building''; to the Committee on Post
Office and Civil Service.
Passed Senate, [8OC]
Presented to the President (October 18, 1994)
Approved [Public Law 103-385] (signed October 22, 1994)
H.R. 2305--
A bill to authorize and encourage the President to conclude an agreement
with Mexico to establish a United States-Mexico Border Health
Commission; jointly, to the Committees on Foreign Affairs; Energy
and Commerce.
Cosponsors added, [22JY], [28SE], [30SE]
Reported with amendment (H. Rept. 103-710), [19AU]
H.R. 2308--
A bill to assist in the development of microenterprises and
microenterprise lending; jointly, to the Committees on Ways and
Means; Banking, Finance and Urban Affairs.
Cosponsors added, [13AP]
H.R. 2310--
A bill to amend the Water Resources Development Act of 1986 to require
the Secretary of the Army to consider the loss of life which may be
associated with flooding and coastal storm events in the formulation
and evaluation of flood control projects to be carried out by the
Secretary; to the Committee on Public Works and Transportation.
Cosponsors added, [19AU]
H.R. 2317--
A bill to amend the Internal Revenue Code of 1986 with respect to the
treatment of long-term care insurance policies, and for other
purposes; jointly, to the Committees on Ways and Means; Energy and
Commerce.
Cosponsors added, [5MY]
H.R. 2318--
A bill to redesignate the Federal building located at 380 Trapelo Road
in Waltham, MA, as the ``Frederick C. Murphy Federal Center''; to
the Committee on Public Works and Transportation.
Cosponsors added, [2FE]
H.R. 2319--
A bill to amend the Solid Waste Disposal Act to require each department,
agency, and instrumentality of the executive branch of the Federal
Government to use recycled paper; to the Committee on Energy and
Commerce.
Cosponsors added, [2FE]
H.R. 2326--
A bill to amend title 11 of the United States Code with respect to cases
under chapter 13, and for other purposes; to the Committee on the
Judiciary.
Cosponsors added, [25JA], [22FE], [11MR], [12AP], [20MY], [13JN],
[21JN]
H.R. 2333--
A bill to authorize appropriations for the Department of State, the U.S.
Information Agency, and related agencies, to authorize
appropriations for foreign assistance programs, and for other
purposes; to the Committee on Foreign Affairs.
Passed Senate amended (in lieu of S. 1281), [2FE]
Senate insisted on its amendment and asked for a conference, [2FE]
House disagreed to Senate amendment and agreed to a conference, [18AP]
Conference report (H. Rept. 103-482) submitted in the House, [25AP]
House agreed to conference report, [28AP]
Senate agreed to conference report, [29AP]
Presented to the President (April 29, 1994)
Approved [Public Law 103-236] (signed April 30, 1994)
H.R. 2336--
A bill to amend the Internal Revenue Code of 1986 to restore a 100
percent deduction for the health insurance costs of self-employed
individuals; to the Committee on Ways and Means.
Cosponsors added, [7OC]
H.R. 2338--
A bill to amend the Federal Aviation Act of 1958 to provide emergency
relief to the U.S. airline industry by facilitating financing for
investment in new aircraft and by encouraging the retirement of
older, noisier, and less efficient aircraft, and for other purposes;
to the Committee on Public Works and Transportation.
Cosponsors added, [25JA]
H.R. 2339--
A bill to amend the Technology-Related Assistance for Individuals with
Disabilities Act of 1988 to authorize appropriations for each of the
fiscal years 1994 through 1998; to the Committee on Education and
Labor.
House agreed to Senate amendment with amendment (pursuant to H. Res.
351), [8FE]
Senate agreed to House amendment to Senate amendment, [11FE]
Senate agreed to House amendment, [11FE]
Presented to the President (February 25, 1994)
Approved [Public Law 103-218] (signed March 9, 1994)
H.R. 2340--
A bill to amend the Internal Revenue Code of 1986 to allow a credit for
the cleanup of certain contaminated industrial sites; to the
Committee on Ways and Means.
Cosponsors added, [3MR], [28JY], [21SE], [28SE]
H.R. 2345--
A bill to provide assistance to employees who are subject to a plant
closing or mass layoff because their work is transferred to a
foreign country that has low wages or unhealthy working conditions;
to the Committee on Education and Labor.
Cosponsors added, [24FE], [4AU]
H.R. 2346--
A bill to ensure that consumer credit reports include information on any
overdue child support obligations of the consumer; to the Committee
on Ways and Means.
Cosponsors added, [25JA], [1FE], [20AP], [26MY]
H.R. 2354--
A bill to limit judicial interference in the management of the Nation's
prisons and jails and permit incarceration of greater numbers of
dangerous offenders, without restricting the legitimate
constitutional rights of inmates; to the Committee on the Judiciary.
Cosponsors added, [9FE]
H.R. 2355--
A bill to require a parent who is delinquent in child support to include
his unpaid obligation in gross income, and to allow custodial
parents a bad debt deduction for unpaid child support payments; to
the Committee on Ways and Means.
Cosponsors added, [3MR], [22JN], [16AU]
H.R. 2357--
A bill to amend the Small Business Act to assist the development of
small business concerns owned and controlled by women, and for other
purposes; to the Committee on Small Business.
Cosponsors added, [19AP]
H.R. 2360--
A bill to establish the Office of Law Enforcement in the U.S. Fish and
Wildlife Service; to the Committee on Merchant Marine and Fisheries.
Cosponsors added, [1FE], [13AP], [5MY], [26JY]
H.R. 2365--
A bill to terminate the Department of Energy's program to promote the
use of liquid metal reactors for the disposal of high-level
radioactive waste; jointly, to the Committees on Science, Space, and
Technology; Natural Resources; Energy and Commerce.
Cosponsors added, [2FE], [16MR], [24MR], [17MY], [25JY], [2AU], [7OC]
H.R. 2375--
A bill to amend title 38, United States Code, to extend for 10 years the
authority for the Secretary of Veterans Affairs to provide priority
health care to veterans who were exposed to ionizing radiation or to
Agent Orange; to the Committee on Veterans' Affairs.
Cosponsors added, [2FE], [8JN], [4AU], [19SE]
H.R. 2376--
A bill to reaffirm and clarify the Federal relationships of the Little
Traverse Bay Bands of Odawa Indians and the Little River Band of
Ottawa Indians as distinct federally recognized Indian tribes, and
for other purposes; to the Committee on Natural Resources.
Cosponsors added, [28JY]
H.R. 2393--
A bill to repeal the act of March 3, 1931 (known as the Davis-Bacon
Act); to the Committee on Education and Labor.
Cosponsors added, [3MY]
H.R. 2394--
A bill to amend the Public Health Service Act to establish programs of
research with respect to women and cases of infection with the human
immunodeficiency virus; to the Committee on Energy and Commerce.
Cosponsors added, [3FE], [24FE], [17MR], [19MY]
H.R. 2395--
A bill to amend the Public Health Service Act to provide for programs
regarding women and the human immunodeficiency virus; to the
Committee on Energy and Commerce.
Cosponsors added, [3FE], [24FE], [17MR], [19MY]
H.R. 2396--
A bill to increase access of State child support enforcement agencies to
certain financial information of noncustodial parents, and to
encourage States to improve their enforcement of child support
obligations; jointly, to the Committees on Banking, Finance and
Urban Affairs; Ways and Means.
Cosponsors added, [3FE], [8FE], [3MR]
H.R. 2411--
A bill for the relief of Leteane Clement Monatsi; to the Committee on
the Judiciary.
Reported (H. Rept. 103-579), [30JN]
Passed House, [19JY]
Passed Senate, [8OC]
Presented to the President (October 18, 1994)
Approved [Private Law 103-7] (signed October 22, 1994)
H.R. 2417--
A bill to reform certain statutes regarding civil asset forfeiture;
jointly, to the Committees on the Judiciary; Ways and Means.
Cosponsors added, [9FE], [9MR], [24MR], [11MY], [26MY], [12JY],
[20SE], [29NO]
H.R. 2418--
A bill to amend the Internal Revenue Code of 1986 to make permanent the
section 170(e)(5) rules pertaining to gifts of publicly traded stock
to certain private foundations, and for other purposes; to the
Committee on Ways and Means.
Cosponsors added, [25JA], [3FE], [10FE], [23FE], [24MR], [14AP],
[21AP], [20MY], [26MY], [9JN], [15JN], [23JN], [29JN], [26JY],
[5AU], [19AU], [20SE], [29SE]
H.R. 2420--
A bill to amend the Public Health Service Act to provide for expanding
and intensifying activities of the National Institute of Arthritis
and Musculoskeletal and Skin Diseases with respect to lupus; to the
Committee on Energy and Commerce.
Cosponsors added, [25JA], [1MR], [9MR], [10MR], [23MR], [12AP],
[14AP], [20AP], [28AP], [10MY], [8JN], [24JN], [25JY], [27JY],
[3AU], [11AU], [17AU], [28SE], [30SE], [4OC], [5OC], [6OC]
H.R. 2424--
A bill to recognize the organization known as the Ukrainian American
Veterans, Inc.; to the Committee on the Judiciary.
Cosponsors added, [3FE], [14JY], [12AU]
H.R. 2427--
A bill to amend title XIX of the Social Security Act to provide for
optional coverage under State Medicaid plans of case-management
services for individuals who sustain traumatic brain injuries, and
for other purposes; to the Committee on Energy and Commerce.
Cosponsors added, [25JY]
H.R. 2429--
A bill to amend the Immigration and Nationality Act to extend
preferential treatment in the admission of Amerasian children to
children born in the Philippines; to the Committee on the Judiciary.
Cosponsors added, [13AP], [27SE], [7OC]
[[Page 2588]]
H.R. 2433--
A bill to impose certain requirements on medical malpractice liability
claims; jointly, to the Committees on the Judiciary; Energy and
Commerce.
Cosponsors added, [18AP], [5MY]
H.R. 2434--
A bill to provide a tax credit for families, to provide certain tax
incentives to encourage investment and increase savings, and to
place limitations on the growth of domestic spending; jointly, to
the Committees on Ways and Means; Government Operations; Rules.
Cosponsors added, [25JA], [26JA], [11FE]
H.R. 2437--
A bill to amend title 5, United States Code, to allow Federal employees
to take parental leave for purposes of participating in or attending
certain education-related activities; to the Committee on Post
Office and Civil Service.
Cosponsors added, [11MY]
H.R. 2438--
A bill to amend the Immigration and Nationality Act to provide for
confinement in a Federal facility of illegal aliens sentenced to
imprisonment under State law and to authorize the Attorney General
to deport aliens sentenced to imprisonment before the completion of
the sentence; to the Committee on the Judiciary.
Cosponsors added, [14AP]
H.R. 2440--
A bill to amend the Independent Safety Board Act of 1974 to authorize
appropriations for fiscal years 1994, 1995, and 1996, and for other
purposes; jointly, to the Committees on Public Works and
Transportation; Energy and Commerce.
Passed Senate amended, [12MY]
House agreed to Senate amendment with amendment (pursuant to H. Res.
558), [4OC]
Senate agreed to House amendment to Senate amendment, [6OC]
Presented to the President (October 18, 1994)
Approved [Public Law 103-411] (signed October 25, 1994)
H.R. 2442--
A bill to reauthorize appropriations under the Public Works and Economic
Development Act of 1965, as amended, to revise administrative
provisions of the act to improve the authority of the Secretary of
Commerce to administer grant programs, and for other purposes; to
the Committee on Public Works and Transportation.
Reported with amendment (H. Rept. 103-423, part 1), [10FE]
Cosponsors added, [20AP], [21AP]
Referred to the Committee on Banking, Finance and Urban Affairs,
[10FE]
Reported with amendments (H. Rept. 103-423, part 2), [26AP]
Considered, [11MY]
Passed House amended, [12MY]
H.R. 2443--
A bill to provide for the equitable disposition of distributions that
are held by a bank or other intermediary as to which the beneficial
owners are unknown or whose addresses are unknown, and for other
purposes; to the Committee on Banking, Finance and Urban Affairs.
Cosponsors added, [26JA], [1MR], [3MR], [12AP], [24JN]
H.R. 2444--
A bill to amend the Internal Revenue Code of 1986 with respect to the
deductibility of certain home office expenses; to the Committee on
Ways and Means.
Cosponsors added, [9FE], [2MR], [24MR], [21AP], [4MY], [10MY], [25MY],
[3OC]
H.R. 2447--
A bill to amend the Foreign Assistance Act of 1961 to establish and
strengthen policies and programs for the early stabilization of
world population through the global expansion of reproductive
choice, and for other purposes; to the Committee on Foreign Affairs.
Cosponsors added, [8FE], [10MR], [10JN]
H.R. 2448--
A bill to improve the accuracy of radon testing products and services,
to increase testing for radon, and for other purposes; to the
Committee on Energy and Commerce.
Cosponsors added, [24FE], [15MR], [24MR]
Reported with amendment (H. Rept. 103-574), [30JN]
Passed House amended, [28JY]
H.R. 2455--
A bill to help local school systems achieve goal six of the national
education goals, which provides that by the year 2000, every school
in America will be free of drugs and violence and will offer a
disciplined environment conducive to learning, by ensuring that all
schools are safe and free of violence; to the Committee on Education
and Labor.
Rules suspended. Passed House amended, [22FE]
H.R. 2457--
A bill to direct the Secretary of the Interior to conduct a salmon
captive broodstock program; to the Committee on Merchant Marine and
Fisheries.
Passed Senate, [2AU]
Presented to the President (August 4, 1994)
Approved [Public Law 103-292] (signed August 11, 1994)
H.R. 2460--
A bill to authorize the Secretary of Agriculture to provide cost share
assistance to construct reservoir structures for the storage of
water in rural areas, and for other purposes; to the Committee on
Agriculture.
Cosponsors added, [3FE], [23FE], [3MR], [9MR], [16MR], [28AP], [12MY],
[17MY], [18MY], [20MY], [24MY], [26MY], [8JN], [12SE], [5OC]
H.R. 2461--
A bill to amend the Federal Property and Administrative Services Act of
1949 to authorize the transfer to States of surplus personal
property for donation to nonprofit providers of necessaries to
impoverished families and individuals; to the Committee on
Government Operations.
Reported (H. Rept. 103-656), [3AU]
Rules suspended. Passed House, [27SE]
Passed Senate amended, [7OC]
H.R. 2462--
A bill to amend the Comprehensive Environmental Response, Compensation,
and Liability Act and the Solid Waste Disposal Act to limit the
liabilities under these acts of both fiduciaries and lending
institutions, including finance lessors, guarantors, and others
directly or indirectly holding indicia of ownership primarily to
protect a security interest in property which is subject to either
act; jointly, to the Committees on Energy and Commerce; Public Works
and Transportation.
Cosponsors added, [16MR], [9JN]
H.R. 2464--
A bill to repeal the exemption from disclosure requirements for
municipal securities and to promote full and adequate disclosure of
political contributions related to the underwriting of municipal
securities by banks and securities firms; jointly, to the Committees
on Energy and Commerce; Banking, Finance and Urban Affairs.
Cosponsors added, [8FE]
H.R. 2467--
A bill to require the Secretary of the Treasury to mint coins in
commemoration of the Vietnam Woman's Memorial; to the Committee on
Banking, Finance and Urban Affairs.
Cosponsors added, [26JA], [9FE], [23FE], [3MR], [10MR], [23MR],
[18AP], [26AP], [4MY], [12MY], [26MY], [22JN], [29JN], [30JN],
[20JY], [25JY], [28JY], [9AU], [16AU], [21AU], [13SE], [20SE]
H.R. 2471--
A bill to make emergency supplemental appropriations for fiscal year
1993 to provide refugee impact assistance for the States of Florida,
Massachusetts, and New York; to the Committee on Appropriations.
Cosponsors added, [24MR], [19AP]
H.R. 2472--
A bill to promote the dissemination of biomedical information through
modern methods of science and technology and to prevent the
duplication of experiments on live animals, and for other purposes;
to the Committee on Energy and Commerce.
Cosponsors added, [20JY]
H.R. 2473--
A bill to designate certain national forest lands in the State of
Montana as wilderness, to release other national forest lands in the
State of Montana for multiple use management, and for other
purposes; jointly, to the Committees on Agriculture; Natural
Resources.
Reported with amendment (H. Rept. 103-487, part 1), [28AP]
Reported (H. Rept. 103-487, part 2), [10MY]
Referred to the Committee on Merchant Marine and Fisheries, [10MY]
Committee on Merchant Marine and Fisheres discharged, [11MY]
Passed House amended, [17MY]
H.R. 2474--
A bill to amend title 10, United States Code, to establish a program to
assist members of the Armed Forces who are involuntarily separated
from active duty to obtain training and employment as law
enforcement officers; to the Committee on Armed Services.
Cosponsors added, [3MR]
H.R. 2475--
A bill to provide for congressional approval of a nuclear aircraft
carrier waste disposal plan before the construction of CVN-76, and
for other purposes; to the Committee on Armed Services.
Cosponsors added, [25JA]
H.R. 2479--
A bill to amend the Residential Lead-Based Paint Hazard Reduction Act of
1992 to establish an entitlement of States and certain political
subdivisions of States to receive grants from the Secretary of
Housing and Urban Development for the abatement of health hazards
associated with lead-based paint, and to amend the Internal Revenue
Code of 1986 to impose an excise tax and establish a trust fund to
satisfy the Federal obligations arising from such entitlement;
jointly, to the Committees on Banking, Finance and Urban Affairs;
Ways and Means.
Cosponsors added, [8MR], [5MY], [20SE]
H.R. 2481--
A bill to provide funding for an examination of the possible health
effects of exposure to depleted uranium of U.S. military personnel
in the Persian Gulf war; to the Committee on Armed Services.
Cosponsors added, [10MR]
H.R. 2484--
A bill to provide equal leave benefits for adoptive parents; to the
Committee on Education and Labor.
Cosponsors added, [25JA], [24MR], [3MY], [20MY], [27JY]
H.R. 2488--
A bill to establish certain requirements with respect to solid waste and
hazardous waste incinerators, and for other purposes; to the
Committee on Energy and Commerce.
Cosponsors added, [25JA], [17JN], [10AU], [16AU], [20SE], [30SE]
H.R. 2501--
A bill to assist in implementing the plan of action adopted by the World
Summit for Children; jointly, to the Committees on Education and
Labor; Foreign Affairs; Banking, Finance and Urban Affairs.
Cosponsors added, [7OC]
H.R. 2512--
A bill to amend title II and XVIII of the Social Security Act to ensure
the integrity of the Social Security trust funds by reconstituting
the Board of Trustees of such trust funds and the Managing Trustee
of such trust funds to increase their independence, by providing for
annual investment plans to guide investment of amounts in such trust
funds, and by removing unnecessary restrictions on investment and
disinvestment of amounts in such trust funds; jointly, to the
Committees on Ways and Means; Energy and Commerce.
Cosponsors added, [19AP], [3MY], [13JY], [29JY], [28SE]
H.R. 2513--
A bill to repeal the Military Selective Service Act; to the Committee on
Armed Services.
Cosponsors added, [14JY], [8AU]
H.R. 2521--
A bill to direct the President to implement and enforce certain economic
sanctions against the Government of the Socialist Republic of
Vietnam until such time as the United States Government has received
from the Government of the Socialist Republic of Vietnam the fullest
possible accounting of American POW/MIA's from the Vietnam conflict,
and for other purposes; jointly, to the Committees on Foreign
Affairs; Ways and Means; Banking, Finance and Urban Affairs.
Cosponsors added, [3FE]
H.R. 2525--
A bill to amend the Internal Revenue Code of 1986 to phase out the
occupational taxes relating to distilled spirits, wine, and beer; to
the Committee on Ways and Means.
[[Page 2589]]
Cosponsors added, [25JA], [19AP], [18MY]
H.R. 2532--
A bill to designate the Federal building and U.S. courthouse in Lubbock,
TX, as the ``George H. Mahon Federal Building and United States
Courthouse''; to the Committee on Public Works and Transportation.
Passed Senate, [15JY]
Presented to the President (July 21, 1994)
Approved [Public Law 103-287] (signed August 1, 1994)
H.R. 2536--
A bill to amend title II of the Social Security Act to repeal the 7-year
restriction on eligibility for widow's and widower's insurance
benefits based on disability; to the Committee on Ways and Means.
Cosponsors added, [17MR]
H.R. 2537--
A bill to amend title II of the Social Security Act to provide for full
benefits for disabled widows and widowers without regard to age; to
the Committee on Ways and Means.
Cosponsors added, [17MR]
H.R. 2538--
A bill to amend title II of the Social Security Act to eliminate the 2-
year waiting period for divorced spouse's benefits following the
divorce; to the Committee on Ways and Means.
Cosponsors added, [17MR]
H.R. 2539--
A bill to amend title II of the Social Security Act to provide for
increases in widow's and widower's insurance benefits by reason of
delayed retirement; to the Committee on Ways and Means.
Cosponsors added, [17MR]
H.R. 2540--
A bill to amend title II of the Social Security Act to provide for an
increase of up to 5 in the number of years disregarded in
determining average annual earnings on which benefit amounts are
based upon a showing of preclusion from remunerative work during
such years occasioned by need to provide child care or care to a
chronically dependent relative; to the Committee on Ways and Means.
Cosponsors added, [17MR]
H.R. 2541--
A bill to provide that pay for Members of Congress may not be increased
in any fiscal year if, in the immediately preceding fiscal year,
total budget outlays of the Government exceeded its total revenues;
jointly, to the Committees on Post Office and Civil Service; House
Administration.
Cosponsors added, [14AP], [19AU]
H.R. 2543--
A bill to amend the Federal Water Pollution Control Act to establish
requirements and provide assistance to prevent nonpoint sources of
water pollution, and for other purposes; jointly, to the Committees
on Public Works and Transportation; Merchant Marine and Fisheries;
Agriculture.
Cosponsors added, [1FE], [10MR], [26AP], [20JY], [27SE], [6OC], [7OC]
H.R. 2544--
A bill to amend the Export Administration Act of 1979 to allow persons
who suffer discrimination or a loss of business as a result of a
violation of the antiboycott provisions, to bring an action for
damages against the person committing the violation; jointly, to the
Committees on Foreign Affairs; the Judiciary.
Cosponsors added, [28FE], [18MR], [21AP], [9JN]
H.R. 2547--
A bill to improve the economy of the United States and promote the
national security interests of the United States by establishing a
national shipbuilding initiative to provide support for the U.S.
shipbuilding industry in order to assist that industry in regaining
a significant share of the world commercial shipbuilding market, and
for other purposes; jointly, to the Committees on Merchant Marine
and Fisheries; Armed Services.
Reported with amendments (H. Rept. 103-420), [9FE]
H.R. 2551--
A bill to authorize the award of the Southwest Asia service medal to any
member of the Armed Forces who was assigned to duty outside the
United States during the Persian Gulf war with a unit that actively
engaged in combat operations during that war; to the Committee on
Armed Services.
Cosponsors added, [13JN]
H.R. 2554--
A bill to amend the Age Discrimination in Employment Amendments of 1986
to prevent the repeal of the exemption for certain bona fide hiring
and retirement plans applicable to State and local firefighters and
law enforcement officers; to the Committee on Education and Labor.
Cosponsors added, [12AP], [17MY]
H.R. 2555--
A bill to designate the Federal building located at 100 East Fifth
Street in Cincinnati, OH, as the ``Potter Stewart United States
Courthouse''; to the Committee on Public Works and Transportation.
Passed Senate, [1FE]
Presented to the President (February 8, 1994)
Approved [Public Law 103-214] (signed February 16, 1994)
H.R. 2556--
A bill to amend the Federal Election Campaign Act of 1971 to provide for
partial removal of limitations on contributions to candidates whose
opponents exceed personal contribution limitations in an election;
to the Committee on House Administration.
Cosponsors added, [15JN], [27JN], [2AU]
H.R. 2557--
A bill to discourage States and local governments from providing general
welfare assistance to able-bodied individuals unless such
individuals are participating in workfare programs; to the Committee
on Ways and Means.
Cosponsors added, [25JA]
H.R. 2559--
A bill to designate the Federal building located at 601 East 12th Street
in Kansas City, MO, as the ``Richard Bolling Federal Building''; to
the Committee on Public Works and Transportation.
Passed Senate amended, [24MR]
Rules suspended. House agreed to Senate amendments, [27JN]
Presented to the President (June 29, 1994)
Approved [Public Law 103-273] (signed July 5, 1994)
H.R. 2565--
A bill to amend the Federal Water Pollution Control Act to direct the
Administrator of the Environmental Protection Agency to publish
lakewide management plans for the Great Lakes, and for other
purposes; to the Committee on Public Works and Transportation.
Cosponsors added, [10FE]
H.R. 2566--
A bill to amend the Federal Water Pollution Control Act to establish a
Great Lakes Research Council; jointly, to the Committees on Public
Works and Transportation; Science, Space, and Technology.
Cosponsors added, [10FE]
H.R. 2569--
A bill to freeze domestic discretionary spending for fiscal years 1994
and 1995 at fiscal year 1993 levels; jointly, to the Committees on
Government Operations; Rules.
Cosponsors added, [18MR], [28JY]
H.R. 2571--
A bill to improve counseling services for elementary school children; to
the Committee on Education and Labor.
Cosponsors added, [9FE]
H.R. 2572--
A bill to amend the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 to establish citizens advisory boards for
Department of Energy defense nuclear facilities and to require the
Administrator of the Agency for Toxic Substances and Disease
Registry to conduct public health and exposure assessments of such
facilities; jointly, to the Committees on Energy and Commerce; Armed
Services.
Cosponsors added, [18AP]
H.R. 2573--
A bill to protect children from the trauma of witnessing or experiencing
violence, sexual abuse, neglect, abduction, rape, or death during
parent-child visitations or visitation exchanges, and for other
purposes; to the Committee on Education and Labor.
Cosponsors added, [2MR]
H.R. 2580--
A bill to amend the Federal Water Pollution Control Act relating to
Federal facilities pollution control; to the Committee on Public
Works and Transportation.
Cosponsors added, [3MR]
Referral to the Committee on Government Operations extended, [18AU]
H.R. 2586--
A bill to reorganize the Federal administrative law judiciary, and for
other purposes; to the Committee on the Judiciary.
Cosponsors added, [26JA], [10FE], [10MR], [24MR], [19AP], [25MY],
[23JN], [19JY], [4AU], [17AU], [3OC]
H.R. 2587--
A bill to amend the International Air Transportation Competition Act of
1979; to the Committee on Public Works and Transportation.
Cosponsors added, [23MY]
H.R. 2588--
A bill to amend title XVIII of the Social Security Act to provide for
coverage of qualified acupuncturist services under part B of the
Medicare Program, and to amend title 5, United States Code, to
provide for coverage of such services under the Federal Employees
Health Benefits Program; jointly, to the Committees on Ways and
Means; Energy and Commerce; Post Office and Civil Service.
Cosponsors added, [11MR], [29JN], [16AU], [29NO]
H.R. 2599--
A bill to prohibit the use of outer space for advertising purposes;
jointly, to the Committees on Science, Space, and Technology;
Foreign Affairs.
Cosponsors added, [25JA], [7FE], [24FE], [15MR]
H.R. 2600--
A bill to promote economic growth and credit formation by facilitating
the development of a secondary market for business, commercial, and
community development debt and equity investments, and for other
purposes; to the Committee on Banking, Finance and Urban Affairs.
Cosponsors added, [16JN]
H.R. 2602--
A bill to amend the Immigration and Nationality Act to improve
immigration enforcement and antismuggling activities, to reform the
asylum law, and to authorize appropriations for the Immigration and
Naturalization Service; to the Committee on the Judiciary.
Cosponsors added, [26JA]
H.R. 2603--
A bill to amend the Internal Revenue Code of 1986 to provide transition
relief for nonprofit student loan funding corporations; to the
Committee on Ways and Means.
Cosponsors added, [8JN]
H.R. 2607--
A bill to establish the Professional Boxing Corporation, and for other
purposes; jointly, to the Committees on Energy and Commerce;
Education and Labor.
Cosponsors added, [25MY]
H.R. 2609--
A bill to establish a Presidential commission to investigate and propose
solutions to reduce the broadcasting of violence on television; to
the Committee on Energy and Commerce.
Cosponsors added, [13AP]
H.R. 2612--
A bill to amend the Internal Revenue Code of 1986 with respect to the
treatment of certain charitable risk pools; to the Committee on Ways
and Means.
Cosponsors added, [13JN]
H.R. 2614--
A bill to direct the Secretary of the Interior to convey certain lands
of the Shoshone Federal reclamation project, Wyoming, to the Big
Horn County School District, Wyoming, and for other purposes; to the
Committee on Natural Resources.
Reported (H. Rept. 103-811), [3OC]
H.R. 2617--
A bill to amend the Internal Revenue Code of 1986 to permit rollovers
into individual retirement accounts of separation pay from the Armed
Forces; to the Committee on Ways and Means.
Cosponsors added, [21AP]
H.R. 2620--
A bill to authorize the Secretary of the Interior to acquire certain
lands in California through an exchange pursuant to the Federal Land
Policy and Management Act of 1976; to the Committee on Natural
Resources.
H.R. 2623--
A bill to amend the Communications Act of 1934 in order to facilitate
utilization of volunteer resources on behalf of the Amateur Radio
Service; to the Committee on Energy and Commerce.
[[Page 2590]]
Cosponsors added, [25JA], [8FE], [10FE], [7MR], [8MR], [9MR], [11MR],
[16MR], [19AP], [19MY], [10JN], [13JN], [22JN], [19JY], [26JY],
[7OC]
H.R. 2626--
A bill to establish a system of National Historic Ball Parks, and for
other purposes; to the Committee on Natural Resources.
Cosponsors added, [11FE], [24FE], [16MR], [30JN]
H.R. 2638--
A bill to designate certain public lands in the States of Idaho,
Montana, Oregon, Washington, and Wyoming as wilderness, wild and
scenic rivers, national park and preserve study areas, wild land
recovery areas, and biological connecting corridors, and for other
purposes; jointly, to the Committees on Natural Resources;
Agriculture; Merchant Marine and Fisheries.
Cosponsors added, [25JA], [23FE], [17MR], [12MY], [9AU], [26SE]
Cosponsors removed, [19SE]
H.R. 2640--
A bill to direct the Secretary of Health and Human Services and the
Attorney General to provide exemptions of certain provisions of
antitrust law for activities of providers of health care services
conducted under joint ventures, and for other purposes; jointly, to
the Committees on Energy and Commerce; the Judiciary.
Cosponsors added, [12AP]
H.R. 2641--
A bill to amend the Federal Aviation Act of 1958 to prohibit the
issuance of a certificate of public convenience and necessity to an
applicant which is controlled by a person who has controlled one or
more air carriers which have filed, in the aggregate, two or more
petitions for bankruptcy; to the Committee on Public Works and
Transportation.
Cosponsors added, [25JA], [9FE], [2MR], [9MR], [16MR], [22JY]
H.R. 2646--
A bill to direct that certain Federal financial benefits be provided
only to citizens and nationals of the United States; jointly, to the
Committees on Ways and Means; Banking, Finance and Urban Affairs;
Agriculture.
Cosponsors added, [16MR], [21AP], [29JN], [1AU], [9AU]
H.R. 2648--
A bill to amend title 5, United States Code, to ensure the availability
of Federal health insurance, life insurance, and retirement benefits
with respect to certain Federal employees serving under temporary
appointments; to the Committee on Post Office and Civil Service.
Cosponsors added, [14JN], [28JY], [23SE]
H.R. 2649--
A bill to authorize States and political subdivisions of States to
control the movement of municipal solid waste generated within their
jurisdictions; to the Committee on Energy and Commerce.
Cosponsors added, [23FE], [19MY]
H.R. 2654--
A bill to authorize the Administrator of the Environmental Protection
Agency to exempt certain small landfills from the groundwater
monitoring requirements contained in landfill regulations
promulgated by the Agency; to the Committee on Energy and Commerce.
Cosponsors added, [8MR]
H.R. 2659--
A bill to amend the Public Health Service Act to revise and extend
programs relating to the transplantation of organs and of bone
marrow; to the Committee on Energy and Commerce.
Passed Senate amended, [24MR]
Senate insisted on its amendment and asked for a conference, [25MR]
House disagreed to Senate amendment and agreed to a conference, [13AP]
H.R. 2660--
A bill to amend the act known as the ``Miller Act'' to raise the value
of contracts for which performance bonds and payment bonds are
required under that act; to the Committee on the Judiciary.
Cosponsors added, [5MY]
H.R. 2662--
A bill to amend the Small Business Act to modify the small business and
capital ownership development program, and for other purposes; to
the Committee on Small Business.
Cosponsors added, [25JA], [9JN]
H.R. 2663--
A bill to amend title 5, United States Code, to improve the ability of
the United States to attract and retain qualified air traffic
controllers by offering controllers premium pay for Saturday work,
and by raising the controller differential from 5 to 15 percent; to
the Committee on Post Office and Civil Service.
Cosponsors added, [25JA], [10FE], [13AP], [28AP], [24MY], [18AU]
H.R. 2664--
A bill to achieve needed savings in net Federal expenditures under the
milk price support program through establishment of a milk producer
self-help program to dispose of surplus dairy products, expand
exports, and stabilize the market for milk and dairy products, and
for other purposes; to the Committee on Agriculture.
Cosponsors added, [26JA], [17MR], [7OC]
H.R. 2670--
A bill to amend the Export Administration Act of 1979 to extend
indefinitely the current provisions governing the export of certain
domestically produced crude oil; to the Committee on Foreign
Affairs.
Cosponsors added, [9FE], [22MR], [4MY]
H.R. 2671--
A bill to provide that of amounts available to a designated agency for a
fiscal year that are not obligated in the fiscal year, up to 50
percent may be used to pay bonuses to agency personnel and the
remainder shall be deposited into the general fund of the Treasury
and used exclusively for deficit reduction; to the Committee on
Governmental Operations.
Cosponsors added, [9FE], [10FE], [23FE], [24FE], [28FE], [1MR], [12AP]
H.R. 2672--
A bill to amend the Internal Revenue Code of 1986 to retain 80-percent
deductibility for meal expenses of drivers of motor vehicles who are
subject to Federal restrictions on hours of duty; to the Committee
on Ways and Means.
Cosponsors added, [26MY], [8JN], [10JN], [24JN], [27JY]
H.R. 2673--
A bill to amend title XVIII of the Social Security Act to provide for
coverage of expanded nursing facility and in-home services for
dependent individuals under the Medicare Program, to provide for
coverage of outpatient prescription drugs under part B of such
program, and for other purposes; jointly, to the Committees on Ways
and Means; Energy and Commerce.
Cosponsors added, [7OC]
H.R. 2676--
A bill to amend title XVI of the Social Security Act to reform the
supplemental security income program; to the Committee on Ways and
Means.
Cosponsors added, [5MY], [3AU], [7OC]
H.R. 2680--
A bill to amend the Public Buildings Act of 1959 concerning the
calculation of public building transactions; to the Committee on
Public Works and Transportation.
Cosponsors added, [2MY], [28JY], [29JY], [4AU]
Reported with amendment (H. Rept. 103-547), [14JN]
Referred to the Committee on Government Operations, [14JN]
Referral to the Committee on Government Operations extended, [12AU],
[16AU], [17AU], [18AU]
Committee discharged, [23SE]
H.R. 2681--
A bill to amend title 18, United States Code, regarding false
identification documents; to the Committee on the Judiciary.
Cosponsors added, [22MR], [17MY]
H.R. 2691--
A bill to amend title 38, United States Code, to provide that future
increases in the monthly amount paid by the State of New York to
blind disabled veterans shall be excluded from the determination of
annual income for purposes of the payment of pension by the
Secretary of Veterans Affairs; to the Committee on Veterans'
Affairs.
Cosponsors added, [5MY]
H.R. 2705--
A bill to eliminate the Rural Electrification Administration; to the
Committee on Agriculture.
Cosponsors added, [25JA], [1AU]
H.R. 2708--
A bill to amend the Internal Revenue Code of 1986 to provide taxpayers
engaged in certain agriculture-related activities a credit against
income tax for property used to control environmental pollution and
for soil and water conservation expenditures; to the Committee on
Ways and Means.
Cosponsors added, [10MR], [14AP], [28AP], [26MY], [9JN], [27JN],
[19JY], [21JY], [10AU]
H.R. 2710--
A bill to amend the Fair Labor Standards Act of 1938 to provide for the
tolling of the statute of limitations for investigations of
violations of such act, to provide protection to employees who
assist in investigations of violations of this act, and for other
purposes; to the Committee on Education and Labor.
Cosponsors added, [10FE], [9MR], [22MR], [18AP], [25MY], [22JN],
[20JY]
H.R. 2717--
A bill to repeal the Federal estate and gift taxes and the tax on
generation-skipping transfers; to the Committee on Ways and Means.
Cosponsors added, [22JN], [29JN], [12JY], [9AU], [11AU], [18AU],
[13SE], [19SE], [22SE], [28SE], [29SE], [6OC], [7OC]
H.R. 2720--
A bill to amend title 18, United States Code, to include peonage and
slavery offenses as RICO predicates; to the Committee on the
Judiciary.
Cosponsors added, [10FE], [24FE], [14AP], [20AP], [26AP], [18MY],
[10JN], [22JN], [26JY], [21SE]
H.R. 2721--
A bill to amend title VII of the Civil Rights Act of 1964 and the Age
Discrimination in Employment Act of 1967 to improve the
effectiveness of administrative review of employment discriminations
claims made by Federal employees; and for other purposes; jointly,
to the Committees on Education and Labor; Post Office and Civil
Service.
Cosponsors added, [7FE], [23FE], [28FE], [2MR], [15MR], [16MR],
[12AP], [13AP]
Reported with amendment (H. Rept. 103-599, part 1), [13JY]
Reported with amendment (H. Rept. 103-599, part 2), [19AU]
H.R. 2727--
A bill to amend the Federal Water Pollution Control Act to improve the
enforcement and compliance program; jointly, to the Committees on
Public Works and Transportation; Merchant Marine and Fisheries.
Cosponsors added, [26JA], [9MR], [14AP], [16JN], [27JY], [30SE], [7OC]
H.R. 2729--
A bill to provide for the application of certain employment protection
laws to the Congress and for other purposes; jointly, to the
Committees on House Administration; Rules.
Cosponsors added, [13AP]
H.R. 2731--
A bill to encourage the development of a commercial space industry in
the United States, and for other purposes; jointly, to the
Committees on Science, Space, and Technology; Ways and Means;
Natural Resources; Agriculture; the Judiciary.
Cosponsors added, [17JN]
H.R. 2736--
A bill to amend the Federal Water Pollution Control Act to authorize the
Administrator of the Environmental Protection Agency to make grants
to address waste water needs of the residents of colonias in the
southwest region of the United States, and for other purposes; to
the Committee on Public Works and Transportation.
Cosponsors added, [19MY]
H.R. 2739--
A bill to amend the Airport and Airway Improvement Act of 1982 to
authorize appropriations for fiscal years 1994, 1995, and 1996, and
for other purposes; to the Committee on Public Works and
Transportation.
Passed Senate amended, [16JN]
Senate insisted on its amendment and asked for a conference, [16JN]
Conferees appointed, [22JN]
House disagreed to Senate amendment and agreed to a conference, [26JY]
Change of Conferees, [27JY]
Conference report (H. Rept. 103-677) submitted in the House, [5AU]
Rules suspended. House agreed to conference report, [8AU]
[[Page 2591]]
Senate agreed to conference report, [8AU]
Presented to the President (August 11, 1994)
Approved [Public Law 103-305] (signed August 23, 1994)
H.R. 2741--
A bill to authorize the Secretary of the Interior to provide funds to
the Palisades Interstate Park Commission for acquisition of lands in
the Sterling Forest area of the New York/New Jersey Highlands
Region; to the Committee on Natural Resources.
Cosponsors added, [16MR], [21MR], [28AP], [2MY], [19MY], [22JN],
[27JN], [14JY]
H.R. 2745--
A bill for the relief of Wayne T. Alderson; to the Committee on Armed
Services.
Cosponsors added, [26JA], [9FE], [7MR], [12AP], [14JY], [19JY]
H.R. 2749--
A bill to prohibit the transportation in interstate commerce or from any
foreign country into the United States of services provided by
convicts or prisoners, and for other purposes; jointly, to the
Committees on Ways and Means; the Judiciary.
Cosponsors added, [8FE]
H.R. 2756--
A bill to amend the Communications Act of 1934 to require the Federal
Communications Commission to establish a toll free telephone number
for the collection of complaints concerning violence on broadcast
and cable television, and for other purposes; to the Committee on
Energy and Commerce.
Cosponsors added, [18MY]
H.R. 2758--
A bill to provide for assistance to the people of Cuba once a
transitional government is in power, and for other purposes;
jointly, to the Committees on Foreign Affairs; Banking, Finance and
Urban Affairs; Agriculture; Ways and Means.
Cosponsors added, [3MY], [21JN], [22JY], [21AU], [27SE]
H.R. 2759--
A bill to amend the Internal Revenue Code of 1986 to allow corporations
to issue performance stock options to employees, and for other
purposes; jointly to the Committees on Ways and Means; Energy and
Commerce.
Cosponsors added, [8FE], [10MR], [24MR], [28AP], [5MY], [22JN]
H.R. 2760--
A bill to authorize the Marine Mammal Protection Act for a period of 6
years, to establish a new regime to govern the incidental taking of
marine mammals in the course of commercial fishing operations, and
for other purposes; to the Committee on Merchant Marine and
Fisheries.
Reported with amendments (H. Rept. 103-439), [21MR]
Rules suspended. Passed House amended, [21MR]
H.R. 2767--
A bill to amend title 5, United States Code, to provide veterans'
preference eligibility with respect to individuals who served on
active duty in the Armed Forces during the Persian Gulf war, and for
other purposes; to the Committee on Post Office and Civil Service.
Cosponsors added, [3MR], [8MR], [10MR], [11MR], [23MR], [24MR],
[19AP], [20AP], [25JY]
H.R. 2787--
A bill to amend title VII of the Civil Rights Act of 1964 to specify
certain evidentiary matters relating to establishing an unlawful
employment practice based on disparate treatment; to the Committee
on Education and Labor.
Cosponsors added, [13AP]
H.R. 2788--
A bill to amend the Job Training Partnership Act to provide for the
establishment of standards to ensure long-term economic self-
sufficiency for participants in adult training programs carried out
under part A of title II of that act, and for other purposes; to the
Committee on Education and Labor.
Cosponsors added, [25JA], [1FE], [20MY]
H.R. 2790--
A bill to ensure economic equity for American women and their families
by promoting fairness in the workplace; creating new economic
opportunities for women workers and women business owners; helping
workers better meet the competing demands of work and family; and
enhancing economic self-sufficiency through public and private
reform and improved child support enforcement; jointly, to the
Committees on Education and Labor; Post Office and Civil Service;
House Administration; Rules; Ways and Means; Small Business;
Banking, Finance and Urban Affairs; the Judiciary; Natural
Resources; Foreign Affairs; Armed Services.
Cosponsors added, [2FE], [23FE], [9MR], [29JN], [26JY], [9AU], [26SE]
H.R. 2793--
A bill for the relief of Kris Murty; to the Committee on the Judiciary.
Reported (H. Rept. 103-605), [14JY]
Passed House, [2AU]
H.R. 2803--
A bill to amend the Consumer Credit Protection Act to improve
disclosures made to consumers who enter into rental-purchase
transactions, to set standards for collection practices, and for
other purposes; to the Committee on Banking, Finance and Urban
Affairs.
Cosponsors added, [25JA], [10FE], [24FE], [3MR], [21AP], [25MY],
[10AU], [29NO]
H.R. 2815--
A bill to designate a portion of the Farmington River in Connecticut as
a component of the National Wild and Scenic Rivers System; to the
Committee on Natural Resources.
Reported with amendment (H. Rept. 103-430), [10MR]
Rules suspended. Passed House amended, [15MR]
Passed Senate amended, [16JN]
Rules suspended. House agreed to Senate amendments, [16AU]
Presented to the President (August 18, 1994)
Approved [Public Law 103-313] (signed August 26, 1994)
H.R. 2826--
A bill to provide for an investigation of the whereabouts of the United
States citizens and others who have been missing from Cyprus since
1974; to the Committee on Foreign Affairs.
Cosponsors added, [1FE], [2MR], [24MR], [19AP], [12MY], [26MY],
[10JN], [17JN], [29JN], [19JY], [1AU]
Rules suspended. Passed House amended, [1AU]
Passed Senate amended, [3OC]
Rules suspended. House agreed to Senate amendment, [5OC]
Presented to the President (October 11, 1994)
Approved [Public Law 103-372] (signed October 19, 1994)
H.R. 2829--
A bill to require employers to post, and to provide to employees
individually, information relating to sexual harassment that
violates title VII of the Civil Rights Act of 1964; and for other
purposes; jointly, to the Committees on Education and Labor; Post
Office and Civil Service; House Administration.
Cosponsors added, [3FE], [1MR], [24MR], [8JN]
H.R. 2830--
A bill to grant special immigrant status to immediate relatives of
Filipino veterans of World War II, and for other purposes; to the
Committee on the Judiciary.
Cosponsors added, [25JA], [24MR], [8JN]
H.R. 2831--
A bill to establish the Office of Economic Conversion Information within
the Department of Commerce, and for other purposes; jointly, to the
Committees on Energy and Commerce; Armed Services.
Cosponsors added, [8JN]
H.R. 2832--
A bill to amend title I of the Employee Retirement Income Security Act
of 1974 to require clear and concise notification to participants
and beneficiaries under a group health plan of the right of the
employer to terminate such plan and to otherwise revise the type and
amount of benefits provided thereunder, and to provide for civil
enforcement of such requirement; to the Committee on Education and
Labor.
Cosponsors added, [12AP]
H.R. 2835--
A bill to limit the acceptance of gifts, meals, and travel by Members of
Congress and congressional staff, and for other purposes; jointly,
to the Committees on House Administration; the Judiciary; Standards
of Official Conduct.
Cosponsors added, [24MR]
H.R. 2837--
A bill to require the Federal Communications Commission to establish
standards to reduce the amount of programming which contains
violence from broadcast television and radio; to the Committee on
Energy and Commerce.
Cosponsors added, [14JN]
H.R. 2838--
A bill to establish a Commission on the Airplane Crash at Gander, NF;
jointly, to the Committees on Public Works and Transportation;
Foreign Affairs.
Cosponsors added, [3FE], [16MR]
H.R. 2839--
A bill to fix rates of pay for Members of Congress at the levels which
were in effect immediately before the enactment of the Ethics Reform
Act of 1989; jointly, to the Committees on Post Office and Civil
Service; House Administration; the Judiciary; Ways and Means; Rules.
Cosponsors added, [18AP]
H.R. 2843--
A bill to establish the Wheeling National Heritage Area in the State of
West Virginia, and for other purposes; to the Committee on Natural
Resources.
Reported with amendments (H. Rept. 103-471), [12AP]
Failed of passage, [13AP]
H.R. 2858--
A bill to abolish the Interstate Commerce Commission; jointly, to the
Committees on Energy and Commerce; Public Works and Transportation.
Cosponsors added, [29JN], [1AU]
H.R. 2859--
A bill to amend the Immigration and Nationality Act to provide that
public ceremonies for the admission of new citizens shall be
conducted solely in English; to the Committee on the Judiciary.
Cosponsors added, [25JA], [11FE], [1MR], [17MR], [11MY], [22JY]
H.R. 2860--
A bill to amend the Interstate Commerce Act to modify the Interstate
Commerce Commission's regulatory responsibilities over the trucking
industry, and for other purposes; to the Committee on Public Works
and Transportation.
Cosponsors added, [25JA]
H.R. 2862--
A bill to assure compliance with the guarantees of the 5th, 14th, and
15th amendments to the Constitution by prohibiting the intentional
creation of legislative districts based on the race, color, or
language minority status of voters within such districts; to the
Committee on the Judiciary.
Cosponsors added, [23FE], [8JN], [13JN]
H.R. 2863--
A bill to amend title 13, United States Code, to require that any data
relating to the incidence of poverty produced or published by the
Secretary of Commerce for subnational areas is corrected for
difference in the cost-of-living in those areas; to the Committee on
Post Office and Civil Service.
Cosponsors added, [23FE], [12MY], [15JN], [23SE], [6OC]
H.R. 2864--
A bill to provide for the disclosure of financial benefits by lobbyists,
and for other purposes; to the Committee on the Judiciary.
Cosponsors added, [8AU]
H.R. 2866--
A bill to provide for the sound management and protection of Redwood
forest areas in Humboldt County, CA, by adding certain lands and
waters to the Six Rivers National Forest and by including a portion
of such lands in the national wilderness preservation system;
jointly, to the Committees on Natural Resources; Agriculture.
Cosponsors added, [26JA], [11FE], [2MR], [8MR], [17MR], [24MR], [4MY],
[12MY], [18MY], [25MY], [8JN], [10JN], [21JN], [12JY], [14JY],
[20JY], [4AU]
Cosponsors removed, [22JN], [19SE]
Reported with amendment from the Committee on Natural Resources (H.
Rept. 103-667, part 1), [4AU]
Reported with amendment from the Committee on Agriculture (H. Rept.
103-667, part 2), [16AU]
Referred to the Committee on Merchant Marine and Fisheries, [16AU]
Committee discharged, [16AU]
Passed House amended, [21SE]
H.R. 2868--
A bill to designate the Federal building located at 600 Camp Street in
New Orleans, LA, as the ``John Minor Wisdom United States
Courthouse''; to the Committee on Public Works and Transportation.
Passed Senate amended, [1FE]
[[Page 2592]]
Rules suspended. House agreed to Senate amendments, [10MY]
Presented to the President (May 13, 1994)
Approved [Public Law 103-256] (signed May 25, 1994)
H.R. 2872--
A bill to prevent and punish crime, to strengthen the rights of crime
victims, to assist State and local efforts against crime, and for
other purposes; to the Committee on the Judiciary.
Cosponsors added, [2FE], [10FE], [26AP], [28AP]
H.R. 2873--
A bill to amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to provide for an expanded Federal program of hazard
mitigation, relief, and insurance against the risk of catastrophic
natural disasters, such as hurricanes, earthquakes and volcanic
eruptions, and for other purposes; jointly, to the Committees on
Public Works and Transportation; Banking, Finance and Urban Affairs.
Cosponsors added, [1FE], [10FE], [28FE], [10MR], [21MR], [14AP],
[2MY], [20MY], [26MY], [13JN], [28JN], [19JY], [25JY], [10AU],
[12SE], [23SE], [28SE]
Reported with amendment (H. Rept. 103-848), [7OC]
H.R. 2874--
A bill to improve the management of Indian fish and wildlife resources
on Indian lands, and for other purposes; to the Committee on Natural
Resources.
Cosponsors removed, [1FE]
H.R. 2882--
A bill to amend section 615(e) of the Individuals with Disabilities
Education Act to limit the award of attorneys' fees under the
section to fees incurred for or in connection with the commencement
and prosecution of a civil action; to the Committee on Education and
Labor.
Cosponsors added, [24FE], [1MR], [9MR], [16MR], [28AP], [27JY]
H.R. 2884--
A bill to establish a national framework for the development of School-
to-Work Opportunities systems in all States, and for other purposes;
to the Committee on Education and Labor.
Passed Senate amended, [8FE]
Senate insisted on its amendment and asked for a conference, [8FE]
House disagreed to Senate amendment and agreed to a conference, [16MR]
Conference report (H. Rept. 103-480) submitted in the House, [19AP]
House agreed to conference, [20AP]
Senate agreed to conference report, [21AP]
Presented to the President (April 22, 1994)
Approved [Public Law 103-239] (signed May 4, 1994)
H.R. 2886--
A bill to amend the Higher Education Act of 1965 to exempt Federal
family education loans from the Federal Trade Commission's holder
rule; jointly, to the Committees on Education and Labor; Energy and
Commerce.
Cosponsors added, [25JA], [23FE], [11MR], [21JN]
H.R. 2888--
A bill to require new television sets to have built-in circuitry to
allow viewers to block the display of programs rated violent; to the
Committee on Energy and Commerce.
Cosponsors added, [26AP], [12SE]
H.R. 2889--
A bill to amend title XVIII of the Social Security Act to provide for
coverage of certain chiropractic services under part B of the
Medicare Program; jointly, to the Committees on Ways and Means;
Energy and Commerce.
Cosponsors added, [12MY]
H.R. 2890--
A bill to amend the Foreign Assistance Act of 1961 to promote
recognition of the human rights of people with disabilities and
elimination of discrimination against such people; to the Committee
on Foreign Affairs.
Cosponsors added, [23MR]
H.R. 2896--
A bill to amend the International Revenue Code of 1986 to permit
penalty-free distributions from qualified retirement plans for
unemployed individuals; to the Committee on Ways and Means.
Cosponsors added, [25JA], [23FE], [2MR], [3MY]
H.R. 2897--
A bill to suspend temporarily the duty on the personal effects of
participants in, and certain other individuals associated with, the
1994 World Cup soccer games; to the Committee on Ways and Means.
Cosponsors added, [9FE], [24MR]
H.R. 2898--
A bill to amend the Clean Water Act to eliminate certain discharges of
chlorine compounds into navigable waters, and for other purposes; to
the Committee on Public Works and Transportation.
Cosponsors added, [25JA], [2FE], [9FE], [23FE], [2MR], [21MR], [23MR],
[12AP], [18AP], [3MY], [8JN], [9JN], [14JN], [12JY], [13JY], [26JY],
[27JY], [28JY], [18AU], [20SE], [21SE], [5OC]
H.R. 2902--
A bill to amend the District of Columbia Self-Government and
Governmental Reorganization Act to revise and make permanent the use
of a formula based on adjusted District General Fund revenues as the
basis for determining the amount of the annual Federal payment to
the District of Columbia, and for other purposes; to the Committee
on the District of Columbia.
Reported with amendments (H. Rept. 103-754), [27SE]
Passed House amended, [3OC]
Passed Senate, [4OC]
Presented to the President (October 11, 1994)
Approved [Public Law 103-373] (signed October 19, 1994)
H.R. 2908--
A bill for the relief of Peggi M. Houston; to the Committee on the
Judiciary.
Cosponsors added, [28JN]
H.R. 2910--
A bill to more fully and accurately inform the public concerning health,
safety, and environmental risks, to improve consistency in the
presentation of scientific information, and to enhance the
scientific credibility of the regulatory decisions of the
Environmental Protection Agency; jointly, to the Committees on
Science, Space, and Technology; Energy and Commerce.
Cosponsors added, [8MR], [12AP], [17AU], [4OC], [7OC]
H.R. 2912--
A bill to liberalize controls on the export of telecommunications
equipment and technology in order to promote democracy and free
communication and enhance economic competitiveness; to the Committee
on Foreign Affairs.
Cosponsors added, [25JA], [24FE], [10MR]
H.R. 2913--
A bill to eliminate the retroactive tax increases contained in the
Revenue Reconciliation Act of 1993; to the Committee on Ways and
Means.
Cosponsors added, [1AU]
H.R. 2918--
A bill to establish a National Institute for the Environment, to improve
the scientific basis for decision-making on environmental issues,
and for other purposes; to the Committee on Science, Space, and
Technology.
Cosponsors added, [26JA], [8FE], [22FE], [21AP], [10JN], [3AU], [28SE]
H.R. 2919--
A bill to amend the Public Health Service Act to authorize a national
program to reduce the threat to human health posed by exposure to
contaminants in the air indoors; to the Committee on Energy and
Commerce.
Cosponsors added, [26MY], [16JN], [14JY]
Reported with amendment (H. Rept. 103-719), [13SE]
Rules suspended. Passed House amended, [3OC]
Laid on the table (S. 656 passed in lieu), [3OC]
H.R. 2921--
A bill to authorize appropriations for the preservation and restoration
of historic buildings at historically black colleges and
universities; to the Committee on Natural Resources.
Passed Senate amended, [10AU]
H.R. 2925--
A bill to amend the Internal Revenue Code of 1986 to allow individuals a
credit against income tax for the sale of older, polluting motor
vehicles to certain purchasers who scrap the vehicles; to the
Committee on Ways and Means.
Cosponsors added, [25JA]
H.R. 2927--
A bill to amend the Plant Variety Protection Act to make such act
consistent with the International Convention for the Protection of
New Varieties of Plants of March 19, 1991, to which the United
States is a signatory, and for other purposes; to the Committee on
Agriculture.
Cosponsors added, [2FE], [16MR], [18MR], [12MY], [26MY]
Reported with amendment (H. Rept. 103-699), [12AU]
Passed House amended, [12AU]
Laid on the table (S. 1406 passed in lieu), [12AU]
H.R. 2929--
A bill to amend the Congressional Budget and Impoundment Act of 1974 to
reform the budget process, and for other purposes; jointly, to the
Committees on Government Operations; Rules; Appropriations; Ways and
Means.
Cosponsors added, [23FE], [12AP], [28AP], [12MY], [16MY], [26MY],
[8JN], [9JN], [13JN], [14JN], [15JN], [22JN], [30JN], [14JY]
H.R. 2930--
A bill to require the Secretary of Health and Human Services to
establish an America Cares Program to provide for the establishment
of demonstration projects for the provision of vouchers and cash
contributions for goods and services for homeless individuals, to
provide technical assistance and public information, and for other
purposes; jointly, to the Committees on Agriculture; Energy and
Commerce.
Cosponsors added, [1FE], [7FE], [23FE], [2MR], [9MR], [21MR], [18AP],
[4MY], [13JY]
H.R. 2936--
A bill to amend the Abandoned Infants Assistance Act of 1988 to prevent
abandoned infants from experiencing prolonged foster care where a
permanent adoptive home is available; jointly, to the Committees on
Education and Labor; Energy and Commerce.
Cosponsors added, [1FE], [7FE], [23MY]
H.R. 2937--
A bill to amend the Occupational Safety and Health Act of 1970 to make
needed revisions in regulations and programs; to the Committee on
Education and Labor.
Cosponsors added, [28FE], [3MR]
H.R. 2938--
A bill to amend part E of title IV of the Social Security Act to prevent
abandoned babies from experiencing prolonged foster care where a
permanent adoptive home is available; to the Committee on Ways and
Means.
Cosponsors added, [1FE], [7FE], [23MY]
H.R. 2939--
A bill to amend title 23, United States Code, to establish a minimum
blood alcohol concentration level for individuals who are less than
21 years of age; to the Committee on Public Works and
Transportation.
Cosponsors added, [9FE], [17MR]
H.R. 2942--
A bill to designate certain lands in the Commonwealth of Virginia as a
National Scenic Area for protection of the watershed and scenic
values, recreation use, protection of wildlife and their habitat,
and for other purposes; to the Committee on Agriculture.
Cosponsors added, [24MR], [12MY]
Reported with amendment (H. Rept. 103-686), [8AU]
Rules suspended. Passed House amended, [8AU]
Passed Senate, [19AU]
Presented to the President (August 23, 1994)
Approved [Public Law 103-314] (signed August 26, 1994)
H.R. 2947--
A bill to extend for an additional two years the authorization of the
Black Revolutionary War Patriots Foundation to establish a memorial;
to the Committee on Natural Resources.
Passed Senate amended, [12AP]
Rules suspended. House agreed to Senate amendments, [16AU]
Presented to the President (August 19, 1994)
Approved [Public Law 103-321] (signed August 26, 1994)
H.R. 2951--
A bill to provide that member countries of the Caribbean Common Market
continue to provide access for exports of United States agricultural
commodities and products; to the Committee on Ways and Means.
Cosponsors added, [21MR]
H.R. 2954--
A bill to establish a Civilian Facilities Closure and Realignment
Commission to reduce unnecessary spending in the Federal Government
by closing or realigning duplicative, wasteful, or otherwise
unnecessary civilian facilities, and for
[[Page 2593]]
other purposes; jointly, to the Committees on Government Operations;
Rules.
Cosponsors added, [20MY]
H.R. 2955--
A bill to stimulate the economy by encouraging bank and thrift
institution lending to small and medium-sized businesses and to
consumers by reducing and standardizing the leverage limit capital
standard for safe and sound depository institutions, and for other
purposes; to the Committee on Banking, Finance and Urban Affairs.
Cosponsors added, [17MR]
H.R. 2956--
A bill to amend the National school Lunch Act to protect school
districts and the Department of Agriculture from anti-competitive
activities of suppliers that sell commodities to schools that
participate in the school lunch program, the school breakfast
program, the special milk program, and the summer food service
program for children, and for other purposes; to the Committee on
Education and Labor.
Cosponsors added, [16AU]
H.R. 2957--
A bill to authorize public housing agencies to establish policies
regarding the amount of rent paid by tenants of public housing units
and units assisted under section 8 of the United States Housing Act
of 1937 that create incentives for family self-sufficiency, and for
other purposes; to the Committee on Banking, Finance and Urban
Affairs.
Cosponsors added, [8FE], [4MY], [25MY]
H.R. 2958--
A bill to amend the Public Health Service Act to establish demonstration
projects to prevent mental illnesses and substance abuse among
victims of sexual assault or family violence; to the Committee on
Energy and Commerce.
Cosponsors added, [2FE]
H.R. 2959--
A bill to repeal the increase in tax on Social Security benefits; to the
Committee on Ways and Means.
Cosponsors added, [23FE], [2MR], [22MR], [5MY], [17MY], [23MY],
[24MY], [27JN], [29JN], [13JY], [14JY], [25JY], [1AU], [21SE],
[22SE], [23SE], [5OC]
H.R. 2963--
A bill to authorize the Secretary of the Interior to cooperate and
assist in environmental and other studies and to execute and
implement a contract for the design, construction, operation, and
maintenance of facilities in the South Delta, California, and for
other purposes; to the Committee on Natural Resources.
Cosponsors added, [1FE]
H.R. 2966--
A bill to amend the National Trails Systems Act to designate the route
from Selma to Montgomery as a national historic trail; to the
Committee on Natural Resources.
Cosponsors added, [24FE]
H.R. 2967--
A bill to amend the Motor Carrier Safety Act of 1984 to require the
Secretary of Transportation to issue regulations and encourage the
States to adopt and implement laws prohibiting the operation of
certain uncovered commercial motor vehicles on highways; to the
Committee on Public Works and Transportation.
Cosponsors added, [28JN], [14JY], [9AU]
H.R. 2969--
A bill to amend the Foreign Assistance Act of 1961 to authorize the
Overseas Private Investment Corporation to issue loan guarantees for
development projects in Ireland; to the Committee on Foreign
Affairs.
Cosponsors added, [26JA], [10FE], [17MY], [13JN], [21JN]
H.R. 2970--
A bill to reauthorize the Office of Special Counsel, and for other
purposes; to the Committee on Post Office and Civil Service.
Reported with amendment (H. Rept. 103-769), [30SE]
Rules suspended. Passed House amended, [3OC]
Passed Senate amended, [7OC]
House agreed to Senate amendment, [7OC]
Presented to the President (October 18, 1994)
Approved [Public Law 103-424] (signed October 29, 1994)
H.R. 2971--
A bill to permit the recovery of certain overpayments of tax on
disability payments received on severance from the military; to the
Committee on Ways and Means.
Cosponsors added, [26JA], [16MR], [28SE], [7OC]
H.R. 2985--
A bill to direct the Administrator of the Federal Aviation
Administration to issue regulations relating to recirculation of
fresh air in commercial aircraft, and for other purposes; to the
Committee on Public Works and Transportation.
Cosponsors added, [26JA], [26MY], [14JN], [27JN], [19JY]
H.R. 2987--
A bill to repeal the tax increase on social security benefits and to
reduce Federal spending as necessary to offset such repeal; jointly,
to the Committees on Ways and Means; Science, Space, and Technology;
Armed Services; Agriculture; Natural Resources.
Cosponsors added, [3FE]
H.R. 2990--
A bill to amend the Public Health Service Act to provide for the conduct
of expanded studies and the establishment of innovative programs
with respect to traumatic brain injury, and for other purposes
Cosponsors added, [30JN]
H.R. 2995--
A bill to further the goals of the Paperwork Reduction Act to have
Federal agencies become more responsible and publicly accountable
for reducing the burden of Federal paperwork on the public, to
establish the Commission on Information Technology and Paperwork
Reduction, and for other purposes; to the Committee on Government
Operations.
Cosponsors added, [2FE], [9MR], [21MR], [26MY], [14JY]
H.R. 3005--
A bill to amend the Congressional Budget Act of 1974 to establish a
Federal regulatory budget and to impose cost controls on that
budget, and for other purposes; jointly, to the Committees on
Government Operations; Rules; the Judiciary.
Cosponsors added, [25JA], [3FE], [10FE], [28FE], [23MR], [18AP],
[5MY], [17MY], [21JN], [18AU]
H.R. 3007--
A bill to amend the Internal Revenue Code of 1986, the Employee
Retirement Income Security Act of 1974, and the Public Health
Service Act to extend for 3 years the period of COBRA continuation
coverage; jointly, to the Committees on Ways and Means; Energy and
Commerce; Education and Labor.
Cosponsors added, [25JA], [8FE]
H.R. 3013--
A bill to amend title 38, United States Code, to establish a Women's
Bureau in the Department of Veterans Affairs; to the Committee on
Veterans' Affairs.
Cosponsors added, [18MY], [24MY]
Reported with amendments (H. Rept. 103-538), [9JN]
Rules suspended. Passed House amended, [13JN]
H.R. 3014--
A bill to provide financial assistance for the establishment of a
Richard Bolling Center for the Study of Congress; to the Committee
on Education and Labor.
Cosponsors added, [8MR]
H.R. 3016--
A bill to provide that individuals shall not be required to repay
certain overpayments of emergency unemployment compensation; to the
Committee on Ways and Means.
Cosponsors added, [25JA]
H.R. 3017--
A bill for the relief of John Mitchell; to the Committee on Armed
Services.
Cosponsors added, [25JA], [8FE], [9MR], [17MR], [22MR], [24MR],
[13AP], [14AP], [20AP], [21AP], [28AP], [5MY], [10MY], [12MY],
[18MY], [25MY], [15JN], [22JN], [2AU], [20AU]
H.R. 3021--
A bill to prohibit the admission to the United States as refugees of
individuals who have served in the armed forces of Iraq during the
Persian Gulf conflict; to the Committee on the Judiciary.
Cosponsors added, [25JA], [26JA], [1FE], [8FE], [28FE], [1MR], [12AP]
H.R. 3023--
A bill to amend title 10, United States Code, to eliminate the disparity
between civilian and military retiree cost-of-living adjustments
caused by the Omnibus Budget Reconciliation Act of 1993; to the
Committee on Armed Services.
Cosponsors added, [25JA], [1FE], [3FE], [10FE], [1MR], [3MR], [10MR],
[21MR], [13AP], [18AP], [3MY], [12MY], [26MY], [27JN], [19JY],
[19SE]
H.R. 3024--
A bill to eliminate the retroactive tax increases contained in the
Revenue Reconciliation Act of 1993; to the Committee on Ways and
Means.
Cosponsors added, [25JA], [9FE], [30JN], [19JY]
H.R. 3025--
A bill to prohibit the distribution of free samples of smokeless tobacco
products and for other purposes; to the Committee on Energy and
Commerce.
Cosponsors added, [17MR], [29JN]
H.R. 3026--
A bill to amend the Internal Revenue Code of 1986 to increase the excise
taxes on smokeless tobacco to an amount equivalent to the tax on
cigarettes and to use the resulting revenues to fund a trust fund
for programs to reduce the use of smokeless tobacco; jointly, to the
Committees on Ways and Means; Energy and Commerce.
Cosponsors added, [12AP]
H.R. 3030--
A bill to repeal the increase in the tax on transportation fuels made by
the Revenue Reconciliation Act of 1993; to the Committee on Ways and
Means.
Cosponsors added, [8FE]
H.R. 3031--
A bill to repeal the reduction in the deductible portion of business
meals and entertainment made by the Revenue Reconciliation Act of
1993; to the Committee on Ways and Means
Cosponsors added, [8FE], [23FE], [24FE], [12AP], [28AP], [24MY],
[25MY], [21JN], [22SE], [28SE]
H.R. 3039--
A bill to amend the Internal Revenue Code of 1986 to repeal the excise
tax on luxury passenger vehicles; to the Committee on Ways and
Means.
Cosponsors added, [2FE], [22MR], [18AP], [20MY], [9JN], [23JN],
[30JN], [20SE], [30SE]
H.R. 3040--
A bill to amend title 5, United States Code, to provide civil service
retirement credit to a Federal employee for any period of service
performed with the American Red Cross abroad during a period of war;
to the Committee on Post office and Civil Service.
Cosponsors added, [24MR]
H.R. 3041--
A bill to eliminate deception in product labeling or marking with regard
to the country of origin of merchandise and merchandise parts;
jointly, to the Committees on Ways and Means; Energy and Commerce.
Cosponsors added, [2FE]
H.R. 3044--
A bill to prohibit retroactive income tax increases; to the Committee on
Ways and Means.
Cosponsors added, [27JN]
H.R. 3050--
A bill to expand the boundaries of the Red Rock Canyon National
Conservation Area; to the Committee on Natural Resources.
Reported with amendment (H. Rept. 103-679), [8AU]
Rules suspended. Passed House amended, [8AU]
Passed Senate, [6OC]
Presented to the President (October 24, 1994)
Approved [Public Law 103-450] (signed November 2, 1994)
H.R. 3059--
A bill to establish a National Maritime Heritage Program to make grants
available for educational programs and the restoration of America's
cultural resources for the purpose of preserving America's
endangered maritime heritage; to the Committee on Merchant Marine
and Fisheries.
Cosponsors added, [25JA], [10AU], [5OC]
Considered, [4OC]
Rules suspended. Passed House amended, [5OC]
Passed Senate, [8OC]
Presented to the President (October 24, 1994)
Approved [Public Law 103-451] (signed November 2, 1994)
H.R. 3060--
A bill to authorize the Secretary of the Treasury to issue regulations
to require that the pay of Federal employees be paid by electronic
funds transfer or any other method determined by the Secretary to be
in the interest of economy or effectiveness, with sufficient
safeguards over
[[Page 2594]]
the control of, and accounting for public funds; to the Committee on
Government Operations.
Cosponsors added, [1AU]
H.R. 3062--
A bill to amend the Controlled Substances Act to eliminate a Federal
entitlement to legal representation in death penalty cases; jointly,
to the Committees on Energy and Commerce; the Judiciary.
Cosponsors added, [26JA], [12AU]
H.R. 3064--
A bill to amend section 43 of title 18, United States Code, to extend
this protection to individuals who work in animal enterprises; to
the Committee on the Judiciary.
Cosponsors added, [24FE], [3MR], [12AP], [2MY], [10MY], [24MY],
[13JN], [28JY], [12AU]
H.R. 3065--
A bill to amend the Internal Revenue Code of 1986 to establish medical
care savings benefits; to the Committee on Ways and Means.
Cosponsors added, [3FE], [10MR], [24MR], [26MY], [29JN]
H.R. 3075--
A bill to promote greater equity in the delivery of health care services
to American women through expanded research on women's health issues
and through improved access to health care services, including
preventive health services; jointly, to the Committees on Energy and
Commerce; Ways and Means; Armed Services; Education and Labor;
Foreign Affairs; the Judiciary; Veterans' Affairs.
Cosponsors added, [3FE], [2MR], [9MR], [12AP], [4MY], [14JN]
H.R. 3076--
A bill to address the policy of the United States on plutonium use; to
the Committee on Foreign Affairs.
Cosponsors added, [22MR]
H.R. 3078--
A bill to amend title XVIII of the Social Security Act to permit certain
rural hospitals under the Medicare Program to serve as rural
emergency access care facilities under the program; jointly, to the
Committees on Ways and Means; Energy and Commerce.
Cosponsors added, [25JA]
H.R. 3079--
A bill to protect the integrity of the Point Reyes National Seashore and
the Golden Gate National Recreation Area [GGNRA], and for other
purposes; to the Committee on Natural Resources.
Cosponsors added, [10MR]
H.R. 3080--
A bill to improve access to health insurance and contain health care
costs, and for other purposes; jointly, to the Committees on Energy
and Commerce; Ways and Means; Education and Labor; the Judiciary.
Cosponsors added, [1FE], [7FE], [8FE]
H.R. 3086--
A bill to reduce the size of the Federal civilian work force; jointly,
to the Committees on Post Office and Civil Service; House
Administration.
Cosponsors added, [3FE], [10FE], [2AU]
H.R. 3087--
A bill to amend the Federal Aviation Act of 1958 to establish time
limitations on certain civil actions against aircraft manufacturers,
and for other purposes; jointly, to the Committees on Public Works
and Transportation; the Judiciary.
Cosponsors added, [25JA], [10FE], [24FE], [10MR], [24MR], [19AP],
[11MY], [23MY], [25MY], [10JN]
H.R. 3088--
A bill to amend the Internal Revenue Code of 1986 and title II of the
Social Security Act to simplify employment taxes on domestic
services; to the Committee on Ways and Means.
Cosponsors added, [3FE], [9FE], [24MR], [26AP]
H.R. 3097--
A bill to amend the Public Health Service Act to provide for research on
the effects that environmental factors have on women's health; to
the Committee on Energy and Commerce.
Cosponsors added, [26JA], [7FE], [8MR]
H.R. 3100--
A bill to establish the Commission on National Drug Policy; jointly, to
the Committees on the Judiciary; Energy and Commerce.
Cosponsors added, [25JA], [8FE], [16MR], [14AP], [12JY]
H.R. 3102--
A bill to amend the Truth in Lending Act, Truth in Savings Act, and
Consumer Leasing Act to modify certain disclosure requirements; to
the Committee on Banking, Finance and Urban Affairs.
Cosponsors added, [25JA], [10FE]
H.R. 3105--
A bill to restructure the enforcement components of the Immigration and
Naturalization Service; to the Committee on the Judiciary.
Cosponsors added, [25JA], [2MR], [11MR], [20AP], [3MY]
H.R. 3109--
A bill to require that educational organizations that offer educational
programs to minors for a fee disclose certain information; to the
Committee on Education and Labor.
Cosponsors added, [25JA], [8FE], [12AP], [18AP]
H.R. 3110--
A bill to designate the U.S. courthouse and Federal building to be
constructed at the southeastern corner of Liberty and South Virginia
Streets in Reno, NV, as the ``Bruce R. Thompson United States
Courthouse and Federal Building''; to the Committee on Public Works
and Transportation.
Reported (H. Rept. 103-635), [1AU]
Rules suspended. Passed House, [8AU]
H.R. 3119--
A bill to establish a coordinated strategy of health promotion and
disease prevention activities through the Public Health Service; to
the Committee on Energy and Commerce.
Cosponsors added, [24MY]
H.R. 3121--
A bill to amend the Public Health Service Act to provide for the conduct
of expanded studies and the establishment of innovative programs
with respect to traumatic brain injury, and for other purposes; to
the Committee on Energy and Commerce.
Cosponsors added, [25JA], [23FE], [13AP], [28JN], [12JY]
H.R. 3122--
A bill to amend title 38, United States Code, to revise and improve the
long-term care programs of the Department of Veterans Affairs; to
the Committee on Veterans' Affairs.
Cosponsors added, [25JA], [9FE], [24FE], [10MR], [16MR], [7OC]
H.R. 3125--
A bill to provide for the identification of felons and persons
adjudicated mentally incompetent on driver's licenses and certain
identification documents through a magnetic strip containing coded
information and through the establishment of a national system for
the identification of such persons, and to impose criminal penalties
on any federally licensed firearms dealer who sells a handgun to a
person without using a device to read the magnetic strip on the
driver's license or identification document of the person; to the
Committee on the Judiciary.
Cosponsors added, [10MR], [26AP], [26MY], [19SE]
H.R. 3128--
A bill to abolish the National Board for the Promotion of Rifle Practice
and to eliminate the promotion of civilian marksmanship by the
Department of Defense; to the Committee on Armed Services.
Cosponsors added, [8FE], [12AP], [5MY], [12MY], [20MY], [26MY],
[14JN], [26JY], [29JY]
H.R. 3129--
A bill to allow interstate banking through acquisitions of existing
banks, and for other purposes; to the Committee on Banking, Finance
and Urban Affairs.
Cosponsors added, [25JA]
H.R. 3132--
A bill to prohibit the manufacture, importation, exportation, sale,
purchase, transfer, receipt, possession, or transportation of
handguns and handgun ammunition, with certain exceptions; to the
Committee on the Judiciary.
Cosponsors added, [7MR]
H.R. 3136--
A bill to establish requirements applicable to rent-to-own transactions;
to the Committee on Banking, Finance and Urban Affairs.
Cosponsors added, [1FE], [8MR], [19AP]
H.R. 3137--
A bill to amend the Social Security Act to improve the exchange of
information relating to health care services, to provide for
measurement of health care quality, and for other purposes; jointly,
to the Committees on Energy and Commerce; Ways and Means; Armed
Services; Veterans' Affairs; Education and Labor; Post Office and
Civil Service.
Cosponsors added, [12JY], [28SE], [6OC]
H.R. 3138--
A bill to amend title 28, United States Code, to require public
disclosure of settlements of civil actions to which the United
States is a party; to the Committee on the Judiciary.
Cosponsors added, [26JA]
H.R. 3145--
A bill to amend the Congressional Budget Act of 1974 to provide for
downward adjustments in section 602 and section 302 Appropriations
Committees allocations and suballocations, and for other purposes;
to the Committee on Rules.
Cosponsors added, [10FE], [17MR]
H.R. 3146--
A bill to amend the Clean Air Act to provide greater State flexibility
in automobile inspection and maintenance programs, and for other
purposes; to the Committee on Energy and Commerce.
Cosponsors added, [25JA], [10FE]
H.R. 3153--
A bill to protect home ownership and equity through enhanced disclosure
of the risks associated with certain mortgages, and for other
purposes; to the Committee on Banking, Finance and Urban Affairs.
Cosponsors added, [2FE]
H.R. 3160--
A bill to amend the Juvenile Justice and Delinquency Prevention Act of
1974 to make technical corrections necessitated by the enactment of
Public Law 102-586; and for other purposes; to the Committee on
Education and Labor.
Passed Senate amended, [7OC]
H.R. 3163--
A bill to improve the ability of the United States Government to collect
debts owed to it, and for other purposes; jointly, to the Committees
on Ways and Means; the Judiciary.
Cosponsors added, [29JY], [1AU]
H.R. 3171--
A bill to authorize the Secretary of Agriculture to reorganize the
Department of Agriculture, and for other purposes; to the Committee
on Agriculture.
Cosponsors added, [16MR]
Reported with amendment (H. Rept. 103-714, part 1), [23AU]
Reported (H. Rept. 103-714, part 2), [21SE]
Passed House amended, [28SE]
Laid on the table (S. 1970 passed in lieu), [28SE]
H.R. 3173--
A bill to prohibit the admission to the United States as refugees of
individuals who served in the armed forces of Iraq during the
Persian Gulf conflict; to the Committee on the Judiciary.
Cosponsors added, [25JA], [8FE], [11MY], [12MY], [17MY], [18MY],
[19MY], [23MY], [24MY], [26MY], [17JN]
H.R. 3176--
A bill to extend retroactively until January 1, 1996, the prior
suspension of duty on diflunisal; to the Committee on Ways and
Means.
Cosponsors added, [7OC]
H.R. 3179--
A bill to amend the Internal Revenue Code of 1986 to allow a deduction
for contributions to individual investment accounts, and for other
purposes; to the Committee on Ways and Means.
Cosponsors added, [12AP], [21AP], [28AP], [4MY], [26MY], [17JN],
[2AU], [26SE], [29NO]
H.R. 3182--
A bill to amend the Immigration and Nationality Act to permit the
admission to the United States of nonimmigrant students and visitors
who are the spouses and children of United States permanent resident
aliens, and for other purposes; to the Committee on the Judiciary.
Cosponsors added, [1FE], [3MR], [16MR], [24MR], [20AP], [5MY], [16MY],
[22SE], [23SE]
H.R. 3184--
A bill to prohibit the transfer or possession of semiautomatic assault
weapons, and for other purposes; to the Committee on the Judiciary.
Cosponsors added, [2MR]
H.R. 3186--
A bill to designate the U.S. courthouse located in Houma, LA, as the
``George Arceneaux, Jr., United States Courthouse''; to the
Committee on Public Works and Transportation.
Passed Senate, [1FE]
Presented to the President (February 8, 1994)
Approved [Public Law 103-215] (signed February 16, 1994)
H.R. 3191--
A bill to revise the national flood insurance program to promote
compliance with requirements
[[Page 2595]]
for mandatory purchase of flood insurance, to provide assistance for
mitigation activities designed to reduce damages to structures
subject to flooding and shoreline erosion, and to increase the
maximum coverage amounts under the program, and for other purposes;
to the Committee on Banking, Finance and Urban Affairs.
Reported with amendments (H. Rept. 103-414), [26JA]
Rules suspended. Passed House amended, [3MY]
H.R. 3195--
A bill to amend the Internal Revenue Code of 1986 to increase the income
threshold amounts at which 85 percent of Social Security benefits
become includible in gross income; to the Committee on Ways and
Means.
Cosponsors added, [1FE]
H.R. 3197--
A bill to redesignate the Post Office building located at 13th and
Rockland Streets in Reading, PA, as the ``Gus Yatron Federal Postal
Facility''; to the Committee on Post Office and Civil Service.
Passed Senate, [19AU]
Presented to the President (August 23, 1994)
Approved [Public Law 103-315] (signed August 26, 1994)
H.R. 3203--
A bill to amend title XVIII of the Social Security Act to provide for
coverage of bone mass measurements and an annual screening
mammography under part B of the Medicare program, and to make
permanent the coverage of certain osteoporosis drugs under part B of
such program; jointly, to the Committees on Ways and Means; Energy
and Commerce.
Cosponsors added, [3MR], [22MR]
H.R. 3204--
A bill to transfer a parcel of land to the Taos Pueblo Indians of New
Mexico; to the Committee on Natural Resources.
Reported with amendment (H. Rept. 103-807), [3OC]
H.R. 3205--
A bill to amend the Congressional Budget and Impoundment Control Act of
1974 to create a deficit reduction account and to reduce the
discretionary spending limits, and for other purposes; jointly, to
the Committees on Government Operations; Rules.
Cosponsors added, [11FE], [15MR]
H.R. 3207--
A bill to amend the Public Health Service Act to provide for the
training of health professions students with respect to the
identification and referral of victims of domestic violence; to the
Committee on Energy and Commerce.
Cosponsors added, [25JY], [16AU], [12SE], [29SE], [6OC]
H.R. 3213--
A bill to amend the Federal Water Pollution Control Act to provide for
the use of biological monitoring and whole effluent toxicity tests
in connection with publicly owned treatment works, and for other
purposes; to the Committee on Public Works and Transportation.
Cosponsors added, [3MR], [20AP]
H.R. 3214--
A bill to amend title IV of the Social Security Act to enhance
educational opportunity, increases school attendance, and promote
self-sufficiency among welfare recipients; jointly, to the
Committees on Ways and Means; Energy and Commerce.
Cosponsors added, [4MY]
H.R. 3220--
A bill to amend the Public Health Service Act with respect to increasing
the number of health professionals who practice in the United States
in a field of primary health care; to the Committee on Energy and
Commerce.
Cosponsors added, [3FE]
H.R. 3221--
A bill to provide for the adjudication of certain claims against the
Government of Iraq; to the Committee on Foreign Affairs.
Referred to the Committee on the Judiciary, [25JA]
Committee on the Judiciary discharged, [28FE]
Motion to recommit to the Committee on Foreign Affairs agreed to,
[28AP]
Passed House amended, [28AP]
H.R. 3222--
A bill to contain health care costs and improve access to health care
through accountable health plans and managed competition, and for
other purposes; jointly, to the Committees on Energy and Commerce;
Ways and Means; Education and Labor; the Judiciary.
Cosponsors added, [3FE], [10FE]
Cosponsors removed, [24MR], [4MY], [18MY], [12JY], [13JY], [21JY],
[18AU], [23SE], [28SE], [29SE]
H.R. 3224--
A bill to direct the Forest Service to replace the modular airborne fire
fighting system, and for other purposes; jointly, to the Committees
on Natural Resources; Agriculture.
Cosponsors added, [16MR], [20MY], [14JY], [22JY], [1AU]
H.R. 3226--
A bill to prohibit an individual or entity providing services under any
Federal health program from refusing to provide services under such
a program to an individual on the grounds that the individual has
been a plaintiff in a medical malpractice liability action; jointly,
to the Committees on Energy and Commerce; Ways and Means; Post
Office and Civil Service; Veterans' Affairs; Armed Services; Natural
Resources.
Cosponsors added, [3FE]
H.R. 3227--
A bill to repeal the reduction in the deductible portion of business
meals and entertainment made by the Revenue Reconciliation Act of
1993; to the Committee on Ways and Means.
Cosponsors added, [9FE], [11MR], [13AP], [16MY], [26JY], [7OC]
H.R. 3228--
A bill to amend the Elementary and Secondary Education Act of 1965 to
provide services to immigrant children; to the Committee on
Education and Labor.
Cosponsors added, [2FE], [11MR]
H.R. 3231--
A bill to amend the Internal Revenue Code of 1986 to permit tax-exempt
financing of certain transportation facilities; to the Committee on
Ways and Means.
Cosponsors added, [3MR]
H.R. 3232--
A bill to amend the Internal Revenue Code of 1986 to provide individuals
receiving State or local governmental pensions an exclusion
equivalent to that received by Social Security recipients; to the
Committee on Ways and Means.
Cosponsors added, [26JA], [10FE]
H.R. 3233--
A bill to require the Secretary of Agriculture to take such actions as
may be necessary to control the infestation of southern pine beetles
currently ravaging wilderness areas in the State of Texas; jointly,
to the Committees on Natural Resources; Agriculture.
Cosponsors added, [25JA], [20SE]
H.R. 3234--
A bill to provide a comprehensive program of adjustment assistance to
workers displaced as a result of any program, project, or activity
carried out under Federal law; jointly, to the Committees on Ways
and Means; Education and Labor; Energy and Commerce.
Cosponsors added, [8FE]
H.R. 3235--
A bill to amend subchapter II of chapter 53 of title 31, United States
Code, to improve enforcement of antimoney laundering laws, and for
other purposes; to the Committee on Banking, Finance and Urban
Affairs.
Cosponsors added, [3MR]
Reported with amendment (H. Rept. 103-438), [21MR]
Rules suspended. Passed House amended, [21MR]
H.R. 3238--
A bill to clarify the tax treatment of certain environmental cleanup
costs; to the Committee on Ways and Means.
Cosponsors added, [3MY]
H.R. 3245--
A bill to amend the Internal Revenue Code of 1986 to increase the tax on
firearms; jointly, to the Committees on Ways and Means; Energy and
Commerce.
Cosponsors added, [2MR]
H.R. 3246--
A bill to provide that the provisions of chapters 83 and 84 of title 5,
United States Code, relating to reemployed annuitants shall not
apply with respect to postal retirees who are reemployed, on a
temporary basis, to serve as rural letter carriers or rural
postmasters; to the Committee on Post Office and Civil Service.
Cosponsors added, [1FE], [8FE], [1MR], [3MR], [10MR], [21MR], [24MR],
[14AP], [21AP], [28AP], [12MY], [20MY], [13JN]
Reported with amendments (H. Rept. 103-594), [12JY]
Rules suspended. Passed House amended, [19JY]
H.R. 3247--
A bill to amend title 18, United States Code, to carry out certain
obligations of the United States under the International Covenant on
Civil and Political Rights by prohibiting the practice of female
circumcision, and for other purposes; jointly, to the Committees on
the Judiciary; Energy and Commerce.
Cosponsors added, [22FE], [11MR], [11MY], [12JY], [5OC]
H.R. 3248--
A bill to provide for fair trade in financial services; jointly, to the
Committees on Banking, Finance and Urban Affairs; Energy and
Commerce; Ways and Means.
Cosponsors added, [26JA], [23FE]
H.R. 3250--
A bill to repeal the retroactive application of the income, estate, and
gift tax rates made by the budget reconciliation act and reduce
administrative expenses for agencies by $3 billion for each of the
fiscal years 1994, 1995, and 1996; jointly, to the Committees on
Ways and Means; Government Operations.
Cosponsors added, [5MY], [26JY], [1AU], [2AU], [18AU]
H.R. 3251--
A bill to amend title II of the Social Security Act to extend the
provisions which currently suspend payment of old-age, survivors,
and disability insurance benefits to individuals imprisoned upon
conviction of a felony so as to apply to all individuals imprisoned
throughout at least 1 month upon conviction of any criminal offense,
and to amend title XVI of such act to suspend a payment of
supplemental security income benefits to such individuals; to the
Committee on Ways and Means.
Cosponsors added, [26JA], [11FE], [24FE], [2MR], [11MR], [17MR],
[28AP], [14JY], [12AU], [17AU], [23SE]
H.R. 3254--
A bill to authorize appropriations for the National Science Foundation,
and for other purposes; to the Committee on Science, Space, and
Technology.
Reported with amendments (H. Rept. 103-475), [13AP]
Considered, [3MY]
Passed House amended, [4MY]
H.R. 3255--I02A bill to repeal the Cable Television Consumer Protection
and Competition Act of 1992; to the Committee on Energy and
Commerce.
Cosponsors added, [29JN]
H.R. 3256--
A bill to provide for the registration of persons convicted of sex
offenses against children; to the Committee on the Judiciary.
Cosponsors added, [3FE], [10FE], [10MR]
H.R. 3259--
A bill to amend the Omnibus Crime Control and Safe Streets Act of 1968
to allow multijurisdictional gang task forces the opportunity to
continue to receive grant funds; to the Committee on the Judiciary.
Cosponsors added, [2FE]
H.R. 3261--
A bill to amend the Internal Revenue Code of 1986 to provide that
Internal Revenue Service employees shall be personally liable for
litigation costs resulting from arbitrary, capricious, or malicious
acts, and for other purposes; to the Committee on Ways and Means.
Cosponsors added, [3MR], [12AP], [14AP], [18AP], [4MY], [18MY], [8JN],
[21JY], [18AU], [19AU], [12SE]
Cosponsors removed, [8JN]
Discharge petition filed (Pet. 103-12), [9FE]
H.R. 3263--
A bill to amend the Consumer Product Safety Act to authorize the
Consumer Product Safety Commission to regulate the risk of injury
associated with firearms; to the Committee on Energy and Commerce.
Cosponsors added, [25JY], [2AU], [22SE]
H.R. 3266--
A bill to provide for automatic downward adjustments in the
discretionary spending limits for fiscal year 1994 set forth in the
Congressional Budget Act of 1974 equal to the amount of rescissions
[[Page 2596]]
contained in this act; jointly, to the Committees on Government
Operations; Appropriations.
Cosponsors added, [23FE], [21MR], [12AP], [14AP], [28AP], [11MY],
[9JN]
Cosponsors removed, [21AP], [3MY], [29JN]
H.R. 3269--
A bill to amend title 38, United States Code, to make improvements in
the procedures used by the Department of Veterans Affairs in
adjudicating claims for veterans benefits, and for other purposes;
to the Committee on Veterans' Affairs.
Cosponsors added, [2FE], [10MR], [8JN], [14JN], [27JN], [7OC]
H.R. 3270--
A bill to require the Secretary of the Treasury to mint coins in
commemoration of Franklin Delano Roosevelt on the occasion of the
50th anniversary of the death of President Roosevelt; to the
Committee on Banking, Finance and Urban Affairs.
Cosponsors added, [24MR], [28AP], [30JN], [19JY], [22JY], [26JY],
[28JY], [29JY], [9AU], [17AU], [21SE], [30SE]
H.R. 3271--
A bill to amend title 18, United States Code, to provide penalties for
willfully harming law enforcement animals; to the Committee on the
Judiciary.
Cosponsors added, [25JA], [8MR], [14JN], [15JN], [28JN], [12JY],
[13JY], [21JY], [10AU]
H.R. 3272--
A bill to amend the Omnibus Crime Control and Safe Streets Act of 1968
to establish a national clearinghouse to assist in background checks
of law enforcement applicants; to the Committee on the Judiciary.
Cosponsors added, [2FE], [11MR]
H.R. 3278--
A bill to increase the minimum wage and to deny employers a deduction
for payments of excessive compensation; jointly, to the Committees
on Ways and Means; Education and Labor.
Cosponsors added, [2MR], [18AP], [5MY]
H.R. 3283--
A bill to provide for the use of Department of Defense golf courses by
the general public, and for other purposes; to the Committee on
Armed Services.
Cosponsors added, [1FE], [25MY], [27JY], [26SE]
H.R. 3285--
A bill to redesignate the postal facility located at 1401 West Fort
Street, Detroit, MI, as the ``George W. Young Post Office''; to the
Committee on Post Office and Civil Service.
Reported with amendments (no written report), [12AU]
H.R. 3288--
A bill to amend title 17, United States Code, to create an exception
from copyright infringement for certain performances in places of
public accomodation; to the Committee on the Judiciary.
Cosponsors added, [25JA], [1FE], [3FE], [7FE], [10FE], [28FE], [2MR],
[10MR], [21MR], [22MR], [24MR], [12AP], [13AP], [18AP], [20AP],
[26AP], [12MY], [26MY], [8JN], [9JN], [28JN], [12JY], [14JY],
[26JY], [2AU]
H.R. 3290--
A bill to amend the Asbestos School Hazard Abatement Act of 1984 and
title II of the Toxic Substances Control Act to expand the coverage
of those acts to include Head Start Programs, and for other
purposes; jointly, to the Committees on Education and Labor; Energy
and Commerce.
Cosponsors added, [10FE], [17MR], [4MY], [27JN]
H.R. 3293--
A bill to prohibit the imposition of additional charges or fees for
attendance at the U.S. Military Academy, the U.S. Naval Academy, the
U.S. Air Force Academy, the U.S. Coast Guard Academy, and the U.S.
Merchant Marine Academy; jointly, to the Committees on Armed
Services; Merchant Marine and Fisheries.
Cosponsors added, [25JA], [26JA], [1FE], [3FE], [9FE], [10FE], [22FE],
[28FE], [1MR], [3MR], [8MR], [10MR], [16MR], [17MR], [21MR], [22MR],
[23MR], [24MR], [12AP], [13AP], [14AP], [19AP], [20AP], [28AP],
[3MY], [5MY], [11MY], [17MY], [20MY], [26MY], [8JN], [16JN], [17JN],
[21JN], [22JN], [27JN], [28JN], [12JY], [21JY], [25JY], [28JY],
[5AU], [8AU], [18AU], [12SE]
H.R. 3294--
A bill to amend title XVIII of the Social Security Act to include
services provided at any Federally qualified health center by
interns and residents in a medical residency training program of a
hospital in determining the amount of payment to the hospital under
the Medicare Program for the costs of graduate medical education if
the hospital incurs any of the costs of providing the services, and
for other purposes; jointly, to the Committees on Ways and Means;
Energy and Commerce.
Cosponsors added, [3FE]
H.R. 3296--
A bill to amend the National Housing Act to authorize the Secretary of
Housing and Urban Development to insure mortgages given to secure
loans that are made to refinance single-family homes having
appraised values that are less than the outstanding principal
obligations refinanced; to the Committee on Banking, Finance and
Urban Affairs.
Cosponsors added, [2FE]
H.R. 3297--
A bill to amend title 5, United States Code, to extend the treatment
currently afforded to Federal judges under the Federal Employees
Group Life Insurance Program to certain other judicial officials; to
the Committee on Post Office and Civil Service.
Reported with amendments (H. Rept. 103-855), [7OC]
H.R. 3300--
A bill to amend the act popularly known as the Sikes Act to enhance fish
and wildlife conservation and natural resources management programs
on military installations; to the Committee on Merchant Marine and
Fisheries.
Reported with amendment (H. Rept. 103-718), [12SE]
Rules suspended. Passed House amended, [12SE]
H.R. 3301--
A bill to amend title 18, United States Code, to prevent persons who
have committed domestic abuse from obtaining a firearm; to the
Committee on the Judiciary.
Cosponsors added, [26JA]
H.R. 3302--
A bill to amend title 18, United States Code, to modify the penalties
for certain passport and visa related offenses; to the Committee on
the Judiciary.
Cosponsors added, [26JA], [21MR]
H.R. 3303--
A bill to amend title 10, United States Code, to prohibit the Department
of the Navy from contracting for long-term scheduled ship
maintenance work to be performed outside the United States unless a
certification is made to Congress; to the Committee on Armed
Services.
Cosponsors added, [25JA], [21AP]
H.R. 3305--
A bill to amend the Immigration and Nationality Act to establish a Board
of Visa Appeals within the Department of State to review decisions
of consular officers concerning visa applications, revocations, and
cancellations; to the Committee on the Judiciary.
Cosponsors added, [2MR], [12AP], [4MY], [5MY], [25JY]
H.R. 3306--
A bill to amend the Federal Deposit Insurance Act to regulate the retail
sale of nondeposit investment products by insured depository
institutions to prevent customer confusion about the uninsured
nature of the products, and for other purposes; to the Committee on
Banking, Finance and Urban Affairs.
Cosponsors added, [10FE], [12SE]
H.R. 3309--
A bill to terminate the effectiveness of certain amendments to the
foreign repair station rules of the Federal Aviation Administration;
to the Committee on Public Works and Transportation.
Cosponsors added, [1FE], [10FE], [10MR], [14AP], [26AP], [13JN],
[13JY]
H.R. 3310--
A bill to establish the Barbara McClintock Project to Cure AIDS; to the
Committee on Energy and Commerce.
Cosponsors added, [11FE], [24MR], [4MY]
H.R. 3313--
A bill to amend title 38, United States Code, to improve health care
services of the Department of Veterans Affairs relating to women
veterans, to extend and expand authority for the Secretary of
Veterans Affairs to provide priority health care to veterans who
were exposed to ionizing radiation or to Agent Orange, to expand the
scope of services that may be provided to veterans through Vet
Centers, and for other purposes; to the Committee on Veterans'
Affairs.
Passed Senate amended, [8JN]
House agreed to Senate amendments with amendments, [7OC]
Senate agreed to House amendments to Senate amendments, [8OC]
Presented to the President (October 21, 1994)
Approved [Public Law 103-452] (signed November 2, 1994)
H.R. 3314--
A bill to provide for a review of all Federal programs that assess or
mitigate the risks to women's health from environmental exposures,
and for a study of the research needs of the Federal Government
relating to such risks; jointly, to the Committees on Energy and
Commerce; Science, Space, and Technology.
Cosponsors added, [26JA], [24MR]
H.R. 3320--
A bill to curb criminal activity by aliens, to defend against acts of
international terrorism, to protect American workers from unfair
labor competition, and to relieve pressure on public services by
strengthening border security and stabilizing immigration into the
United States; to the Committee on the Judiciary.
Cosponsors added, [1FE], [8FE], [9MR], [21MR], [12AP], [4MY], [24MY],
[9JN], [29JN], [10AU], [21SE], [7OC]
H.R. 3322--
A bill to amend the Internal Revenue Code of 1986 to provide tax
incentives to encourage the preservation of low-income housing; to
the Committee on Ways and Means.
Cosponsors added, [23FE], [13AP], [16MY], [26JY], [7OC]
H.R. 3324--
A bill to amend the Public Health Service Act to establish a program of
providing information and education to the public on the prevention
and treatment of eating disorders; to the Committee on Energy and
Commerce.
Cosponsors added, [12AP], [20AP], [28AP], [29JN], [19SE]
H.R. 3325--
A bill to amend certain provisions of title 5, United States Code,
relating to the age and service requirements for entitlement to an
immediate annuity under the Civil Service Retirement System or the
Federal Employees' Retirement System, and for other purposes; to the
Committee on Post Office and Civil Service.
Cosponsors removed, [10FE]
H.R. 3327--
A bill to amend title 18, United States Code, to protect domestic and
foreign tourists and other travelers in interstate and foreign
commerce; to the Committee on the Judiciary.
Cosponsors added, [11FE], [14AP]
H.R. 3328--
A bill to prohibit the U.S. Postal Service from expending any further
funds in connection with instituting a new logo until such time as
its operations are no longer being conducted at an annual loss; to
the Committee on Post Office and Civil Service.
Cosponsors added, [25JA], [26JA], [1FE], [2FE], [3FE], [7FE], [8FE],
[10FE], [11FE], [22FE], [1MR], [2MR], [8MR], [11MR], [16MR], [21MR],
[22MR], [12AP], [13AP], [11MY], [20MY], [9AU]
H.R. 3333--
A bill to amend the Internal Revenue Code of 1986 to allow individuals a
deduction for contributions to a Medisave account; to the Committee
on Ways and Means.
Cosponsors added, [23FE], [2MR], [7MR], [8MR], [9MR], [15MR], [16MR],
[21MR], [14AP], [28AP]
H.R. 3334--
A bill to impose limitations on the placing of U.S. Armed Forces under
the operational control of a foreign national acting on behalf of
the United Nations; jointly, to the Committees on Foreign Affairs;
Armed Services.
Cosponsors added, [25JA], [3AU], [28SE], [6OC]
H.R. 3337--
A bill to amend chapter 44 of title 18, United States Code, to
strengthen Federal standards for licensing firearms dealers and
heighten reporting requirements, and for other purposes; to the
Committee on the Judiciary.
[[Page 2597]]
Cosponsors added, [9FE], [17MR], [2AU]
H.R. 3342--
A bill to establish a toll free number in the Department of Commerce to
assist consumers in determining if products are American made; to
the Committee on Energy and Commerce.
Cosponsors added, [20AP]
Reported with amendment (H. Rept. 103-660), [3AU]
Rules suspended. Passed House amended, [8AU]
H.R. 3344--
A bill for the relief of Lloyd B. Gamble; to the Committee on the
Judiciary.
Reported (H. Rept. 103-836), [5OC]
Passed House, [7OC]
H.R. 3345--
A bill to amend title 5, United States Code, to eliminate certain
restrictions on employee training; to provide temporary authority to
agencies relating to voluntary separation incentive payments; and
for other purposes; to the Committee on Post Office and Civil
Service.
Passed House amended, [10FE]
Passed Senate amended, [11FE]
House agreed to Senate amendment with amendment, [8MR]
Senate agreed to House amendment to Senate amendment with amendments,
[11MR]
Senate insisted on its amendments to House amendment to Senate
amendment and asked for a conference, [11MR]
House disagreed to Senate amendments to House amendment to Senate
amendment and agreed to a conference, [11MR]
Conference report (H. Rept. 103-435) submitted in the House, [16MR]
House agreed to conference report, [23MR]
Senate agreed to conference report, [24MR]
Presented to the President (March 25, 1994)
Approved [Public Law 103-226] (signed March 30, 1994)
H.R. 3347--
A bill to reform the laws relating to forfeitures; jointly, to the
Committees on Ways and Means; the Judiciary; Energy and Commerce.
Cosponsors added, [9MR], [12AP], [14AP], [21AP], [28AP], [5MY],
[17MY], [24MY], [12JY], [29NO]
H.R. 3348--
A bill authorizing the designation of Portugal, Ireland, and Greece
under the visa waiver program under certain conditions; to the
Committee on the Judiciary.
Cosponsors added, [21JN], [18AU]
H.R. 3355--
A bill to amend the Omnibus Crime Control and Safe Streets Act of 1968
to allow grants to increase police presence, to expand and improve
cooperative efforts between law enforcement agencies and members of
the community to address crime and disorder problems, and otherwise
to enhance public safety; to the Committee on the Judiciary.
House agreed to Senate amendment with amendments, [21AP]
House insisted on its amendments to Senate amendment and asked for a
conference, [21AP]
Conferees appointed, [21AP], [17MY], [19MY], [23MY], [19AU]
Senate disagreed to House amendments to Senate amendment and agreed to
a conference, [19MY]
Conference report (H. Rept. 103-694) submitted in the House, [10AU]
House recommitted conference report, [19AU]
Conference report (H. Rept. 103-711) submitted in the House, [21AU]
House agreed to conference report, [21AU]
Senate agreed to conference report, [25AU]
Presented to the President (September 12, 1994)
Approved [Public Law 103-322] (signed September 13, 1994)
H.R. 3356--
A bill to designate the U.S. courthouse under construction at 611 Broad
Street, in Lake Charles, LA, as the ``Edwin Ford Hunter, Jr., United
States Courthouse''; to the Committee on Public Works and
Transportation.
Passed Senate, [1FE]
Presented to the President (February 8, 1994)
Approved [Public Law 103-216] (signed February 16, 1994)
H.R. 3359--
A bill to amend the Federal Deposit Insurance Act to establish a
lifetime limit of $100,000 on the amount of deposit insurance any
person may obtain; to the Committee on Banking, Finance and Urban
Affairs.
Cosponsors added, [7MR]
H.R. 3360--
A bill to direct the Secretary of Transportation to demonstrate on
vessels ballast water management technologies and practices,
including vessel modification and design, that will prevent aquatic
nonindigenous species from being introduced and spread in U.S.
waters; to the Committee on Merchant Marine and Fisheries.
Cosponsors added, [1FE], [10FE], [17MR]
Reported with amendment (H. Rept. 103-440), [21MR]
Rules suspended. Passed House amended, [21MR]
H.R. 3363--
A bill to amend the Immigration and Nationality Act to improve
immigration enforcement and antismuggling activities, to reform the
asylum law, and to authorize appropriations for the Immigration and
Naturalization Service; to the Committee on the Judiciary.
Cosponsors added, [26JA], [1FE], [10FE], [8MR], [17MR], [12AP],
[20AP], [18AU]
H.R. 3364--
A bill to provide for adjustment of immigration status for certain
Haitian children; to the Committee on the Judiciary.
Cosponsors added, [25JA]
H.R. 3365--
A bill to amend title 18, United States Code, to protect the personal
privacy and safety of licensed drivers, taking into account the
legitimate needs of government and business; to the Committee on the
Judiciary.
Cosponsors added, [25JA], [16MR], [21MR], [23MR], [24MR], [13AP]
H.R. 3366--
A bill to amend title 18, United States Code, to provide penalties for
child endangerment and abuse in the special maritime and territorial
jurisdiction of the United States; to the Committee on the
Judiciary.
Cosponsors added, [25JA], [22FE]
H.R. 3367--
A bill to provide restitution to crime victims; to the Committee on the
Judiciary.
Cosponsors added, [25JA], [11FE], [23FE], [1MR], [3MR], [10MR],
[16MR], [17MR], [21MR], [22MR], [23MR], [12AP], [28AP], [3MY],
[19JY]
H.R. 3370--
A bill to amend the Agricultural Act of 1949 to provide for the
establishment of a multiple-tier price support program for milk to
achieve a closer correlation between annual milk production and
consumption while assuring sufficient low-cost dairy products for
nutrition assistance programs; to the Committee on Agriculture.
Cosponsors added, [8FE]
H.R. 3372--
A bill to provide for the minting of coins in commemoration of the 50th
anniversary of the liberation of Guam and the Northern Mariana
Islands, and for other purposes; to the Committee on Banking,
Finance and Urban Affairs.
Cosponsors added, [26JA], [1FE], [23FE], [16MR], [17MR], [12AP]
H.R. 3373--
A bill to amend the Internal Revenue Code of 1986 to allow a credit
against the estate tax for certain transfers of real property for
conservation purposes; to the Committee on Ways and Means.
Cosponsors added, [25JA], [22FE], [2MR], [13AP]
H.R. 3374--
A bill to amend the Internal Revenue Code of 1986 with respect to the
treatment of certain bargain sales; to the Committee on Ways and
Means.
Cosponsors added, [25JA], [22FE], [2MR], [13AP]
H.R. 3386--
A bill to amend the Internal Revenue Code of 1986 to delay the effective
date for the change in the point of imposition of the tax on diesel
fuel, to provide that vendors of diesel fuel used for any nontaxable
use may claim refunds on behalf of the ultimate users, and to
provide a similar rule for vendors of gasoline used by State and
local governments; to the Committee on Ways and Means.
Cosponsors added, [9FE], [21MR], [26AP], [17MY], [23MY], [22SE]
H.R. 3389--
A bill to amend the Federal Deposit Insurance Act to require insured
depository institutions to provide notify customers who purchase
mutual funds on the premise of the institution that such mutual
funds are not insured deposits, and for other purposes; to the
Committee on Banking, Finance and Urban Affairs.
Cosponsors added, [2FE], [24FE], [14AP]
H.R. 3392--
A bill to amend the Safe Drinking Water Act to assure the safety of
public water systems; to the Committee on Energy and Commerce.
Cosponsors added, [25JA], [1FE], [3FE], [8FE], [10FE], [23FE], [2MR],
[3MR], [9MR], [11MR], [16MR], [22MR], [13AP], [19AP], [2MY], [5MY],
[12MY], [20MY], [10JN], [19JY], [20JY], [26JY], [28JY], [10AU]
Reported with amendment (H. Rept. 103-745), [23SE]
Referred to the Science, Space, and Technology, [23SE]
Referred to the Committee on the Judiciary, [23SE]
Committee on Science, Space, and Technology discharged, [26SE]
Rules suspended. Passed House amended, [27SE]
Cosponsors removed, [6OC], [7OC]
H.R. 3393--
A bill to amend the provisions of title 39, United States Code, relating
to the franking privilege for Members of Congress, and for other
purposes; jointly, to the Committees on Post Office and Civil
Service; House Administration.
Cosponsors added, [29SE]
H.R. 3394--
A bill to amend title 5, United States Code, to require disclosure of
information by the Congress; jointly, to the Committees on House
Administration; Government Operations.
Cosponsors added, [25JA]
H.R. 3396--
A bill to amend the Employee Retirement Income Security Act of 1974 and
the Internal Revenue Code of 1986 to provide security for workers,
to improve pension plan funding, to limit growth in insurance
exposure, to protect the single-employer plan termination insurance
program, and for other purposes; jointly, to the Committees on
Education and Labor; Ways and Means.
Cosponsors added, [19MY]
Reported with amendment (H. Rept. 103-632, part 1), [29JY]
Reported with amendments (H. Rept. 103-632, part 2), [26AU]
H.R. 3397--
A bill to direct the President to establish a Commission for making
recommendations to improve the Federal emergency management system;
jointly, to the Committees on Public Works and Transportation; Armed
Services.
Cosponsors added, [26JA], [23FE], [9MR], [12AP], [22JN], [21JY],
[3AU], [10AU], [19AU], [7OC]
H.R. 3398--
A bill to amend title 18, United States Code, to regulate the
manufacture, importation, and sale of certain particularly dangerous
bullets; to the Committee on the Judiciary.
Cosponsors added, [3FE]
H.R. 3399--
A bill to improve the ability of the Federal Government to prepare for
and respond to major disasters, and for other purposes; jointly, to
the Committees on Public Works and Transportation; Armed Services.
Cosponsors added, [16MR]
H.R. 3404--
A bill to amend the Elementary and Secondary Education Act of 1965 to
require the Secretary of Education to provide demonstration grants
to local educational agencies for the purpose of providing
instruction and training in cardiopulmonary resuscitation and first
aid to secondary school students; to the Committee on Education and
Labor.
Cosponsors added, [1MR], [16MR], [20AP], [22SE]
H.R. 3407--
A bill to amend the Internal Revenue Code of 1986 to provide
clarification for the deductibility of expenses incurred by a
taxpayer in connection with the business use of the home; to the
Committee on Ways and Means.
Cosponsors added, [2FE], [24FE], [22MR], [18AP], [26AP], [3MY],
[12MY], [20MY], [26MY], [9JN], [23JN], [30JN], [13JY], [25JY],
[12AU], [20SE], [7OC], [29NO]
H.R. 3409--
A bill to amend the Social Security Act to exclude the unemployment
trust fund from the budget of the U.S. Government; jointly, to the
[[Page 2598]]
Committees on Ways and Means; Government Operations; Rules.
Cosponsors added, [3FE], [23MR]
H.R. 3413--
A bill to amend the Internal Revenue Code of 1986 to allow a deduction
for contributions to a medical savings account, and for other
purposes; jointly, to the Committees on Ways and Means; Energy and
Commerce.
Cosponsors added, [7MR]
H.R. 3415--
A bill to amend the Family Violence Prevention and Services Act to
require services for underserved populations, to require performance
reporting by grantees, and to provide for the selection of model
programs for education of young people about domestic violence and
violence among intimate partners; to the Committee on Education and
Labor.
Cosponsors added, [17MR], [20JY]
H.R. 3417--
A bill to provide for a voluntary national insurance program to protect
the owners of domesticated cervidae against losses incurred as
result of destroying animals or herds infected with, or exposed to,
tuberculosis; to the Committee on Agriculture.
Cosponsors added, [1FE], [28FE]
H.R. 3419--
A bill to simplify certain provisions of the Internal Revenue Code of
1986, and for other purposes; to the Committee on Ways and Means.
Rules suspended. Passed House amended, [17MY]
H.R. 3421--
A bill to amend the Congressional Budget Act of 1974 to establish a
Federal mandate budget and to impose cost controls on that budget,
and for other purposes; jointly, to the Committees on Government
Operations; Rules; the Judiciary.
Cosponsors added, [25JA], [3FE], [10FE], [28FE], [2MR], [23MR],
[18AP], [5MY], [17MY], [21JN], [26JY], [18AU]
Cosponsors removed, [2MR]
H.R. 3424--
A bill to amend title 18, United States Code, to provide enhanced
sentences for repeat violent offenders; to the Committee on the
Judiciary.
Cosponsors added, [25JA], [26JA], [1FE], [8FE], [2MR], [18AP]
H.R. 3426--
A bill to authorize the Secretary of Agriculture to convey lands to the
city of Rolla, MO; to the Committee on Agriculture.
Committee discharged. Passed House amended, [4OC]
H.R. 3431--
A bill to amend the Export Administration Act of 1979 with respect to
export of computers, telecommunications equipment, and
semiconductors; to the Committee on Foreign Affairs.
Cosponsors added, [8MR]
H.R. 3433--
A bill to provide for the management of portions of the Presidio under
the jurisdiction of the Secretary of the Interior; to the Committee
on Natural Resources.
Cosponsors added, [13AP], [19AP], [24MY], [25MY], [29JN]
Reported with amendment (H. Rept. 103-615, part 1), [21JY]
Referred to the Committee on Ways and Means, [1AU]
Referred to the Committee on Government Operations, [3AU]
Reported from the Committee on Ways and Means with amendments (H.
Rept. 103-615, part 2), [9AU]
Committee on Government Operations discharged, [9AU]
Passed House amended, [18AU]
H.R. 3434--
A bill to amend the Public Health Service Act to protect the public from
health hazards caused by exposure to environmental tobacco smoke,
and for other purposes; to the Committee on Energy and Commerce.
Cosponsors added, [25JA], [3FE], [10FE], [3MR], [16MR], [22MR],
[20AP], [23MY], [26MY], [8JN], [28JN], [12JY], [27JY], [6OC]
H.R. 3435--
A bill to amend title 18, United States Code, to prohibit the transfer
of a firearm or ammunition to a juvenile, and the unsupervised and
unauthorized possession of a firearm or ammunition by a juvenile; to
the Committee on the Judiciary.
Cosponsors added, [26JA], [9FE]
H.R. 3439--
A bill to amend title XIX of the Social Security Act to permit a State
to provide coverage of room and board furnished by a relative under
home and community based waivers under the Medicaid Program if such
coverage may be provided on a budget-neutral basis; to the Committee
on Energy and Commerce.
Cosponsors added, [19MY], [9JN], [22JN], [29JN]
H.R. 3440--
A bill to remove a restriction on the authority of the Secretary of
Agriculture to enter into agreements with other Federal agencies to
acquire goods and services directly related to improving or
utilizing the firefighting capability of the Forest Service and to
require a report regarding the firefighting procedures of the Forest
Services; to the Committee on Agriculture.
Cosponsors added, [19MY], [14JY], [22JY], [1AU]
H.R. 3442--
A bill to eliminate certain expenditures provided by the Omnibus Budget
Reconciliation Act of 1993; jointly, to the Committees on Ways and
Means; House Administration; Agriculture.
Cosponsors added, [11FE], [28AP], [29JN], [1AU], [8AU]
H.R. 3446--
A bill to require analysis and estimates of the likely impact of Federal
legislation and regulations upon the private sector and State and
local governments, and for other purposes; jointly, to the
Committees on Government Operations; Rules.
Cosponsors added, [25MY], [28JN]
H.R. 3449--
A bill to amend the Internal Revenue Code of 1986 to provide for the
establishment of, and the deduction of contributions to, education
savings accounts; to the Committee on Ways and Means.
Cosponsors added, [26JA], [17MR], [28AP], [29SE]
H.R. 3455--
A bill to amend title 39, United States Code, to prevent mass mailings
from being sent as franked mail, and for other purposes; jointly, to
the Committees on Post Office and Civil Service; House
Administration.
Cosponsors added, [8MR], [16MR], [19AP], [3AU]
H.R. 3457--
A bill to provide that cost-of-living adjustments to payments made under
the Federal law shall be determined using a new price index which
does not take into account tobacco products; jointly, to the
Committees on Ways and Means; Armed Services; Education and Labor;
Post Office and Civil Service; Energy and Commerce.
Cosponsors added, [25JA], [29JY], [1AU], [2AU]
Cosponsors removed, [11FE]
H.R. 3458--
A bill to amend the Occupational Safety and Health Act of 1970 to apply
its provisions to the House of Representatives and instrumentalities
of Congress; jointly, to the Committees on Education and Labor;
House Administration.
Cosponsors added, [1FE], [7MR], [11MR], [23MR], [23MY], [30JN],
[14JY], [10AU]
H.R. 3461--
A bill to amend part E of title IV of the Social Security Act to require
States to administer qualifying examinations to all State employees
with new authority to make decisions regarding child welfare
services; to the Committee on Ways and Means.
Cosponsors added, [23FE], [16MR], [11MY]
H.R. 3462--
A bill to amend part E of title IV of the Social Security Act to
expedite the permanent placement of foster children by requiring
States, at the time of a child is placed in foster care, to find any
absent parent of the child and evaluate the ability of the absent
parent to provide a suitable home for the child; to the Committee on
Ways and Means.
Cosponsors added, [23FE], [16MR], [11MY]
H.R. 3463--
A bill to amend part E of title IV of the Social Security Act to
facilitate the placement of foster children in permanent kinship
care arrangements; to the Committee on Ways and Means.
Cosponsors added, [23FE], [16MR], [11MY]
H.R. 3464--
A bill to provide comprehensive measures against arson; jointly, to the
Committees on the Judiciary; Agriculture.
Cosponsors added, [2MR], [1AU]
H.R. 3465--
A bill to amend the Federal Water Pollution Control Act to improve the
protection of wetlands and thereby restore and maintain the
physical, chemical, and biological integrity of the Nation's waters,
and for other purposes; jointly, to the Committees on Merchant
Marine and Fisheries; Agriculture; Public Works and Transportation.
Cosponsors added, [9MR]
H.R. 3466--
A bill to amend title 18, United States Code, to prohibit the possession
of a handgun or handgun ammunition by, or the private transfer of a
handgun or handgun ammunition to, a juvenile; to the Committee on
the Judiciary.
Cosponsors added, [16JN]
H.R. 3468--
A bill to amend the Public Health Service Act with respect to employment
opportunities at the National Institutes of Health for women who are
scientists, and for other purposes; to the Committee on Energy and
Commerce.
Cosponsors added, [26JA]
H.R. 3470--
A bill to amend the Federal Election Campaign Act of 1971 to ban
activities of political action committees in Federal elections, and
for other purposes; to the Committee on House Administration.
Cosponsors added, [1FE]
H.R. 3472--
A bill to amend the Internal Revenue Code of 1986 to allow employers a
credit for a portion of the expenses of providing dependent care
services to employees; to the Committee on Ways and Means.
Cosponsors added, [25JA], [23FE], [3MR], [11MR], [22MR], [13AP],
[5MY], [20MY], [9JN], [24JN], [30JN], [19JY], [21SE], [7OC], [29NO]
H.R. 3474--
A bill to reduce administrative requirements for insured depository
institutions to the extent consistent with safe and sound banking
practices, to facilitate the establishment of community development
financial institutions, and for other purposes; to the Committee on
Banking, Finance and Urban Affairs.
Passed Senate amended, [17MR]
Senate insisted on its amendment and asked for a conference, [17MR]
House disagreed to Senate amendment and agreed to a conference, [21AP]
Change of conferees, [23MY]
Conference report (H. Rept. 103-652) submitted in the House, [2AU]
House agreed to conference report, [4AU]
Senate agreed to conference report, [9AU]
Presented to the President (September 13, 1994)
Approved [Public Law 103-325] (signed September 23, 1994)
H.R. 3475--
A bill to prohibit all United States military and economic assistance
for Turkey until the Turkish Government takes certain actions to
resolve the Cyprus problem and complies with its obligation under
international law; to the Committee on Foreign Affairs.
Cosponsors added, [1MR], [16MR], [21AP], [22JN], [25JY], [8AU], [10AU]
H.R. 3476--
A bill to amend the National Science and Technology Policy,
Organization, and Priorities Act of 1976, and for other purposes; to
the Committee on Science, Space, and Technology.
Reported with amendments (H. Rept. 103-473), [12AP]
H.R. 3480--
A bill to require the Secretary of the Treasury to mint coins in
commemoration of the 25th anniversary of the Apollo 11 Moon landing;
to the Committee on Banking, Finance, and Urban Affairs.
Cosponsors added, [8JN]
H.R. 3481--
A bill to provide participants in private pension plans which were
terminated before September 1, 1974, the nonforfeitable pension
benefits which were lost by reason of the termination, and for other
purposes; to the Committee on Education and Labor.
Cosponsors added, [21MR]
H.R. 3482--
A bill to establish a system for regulating the possession and transfer
of handguns and handgun ammunition, and for other purposes; jointly,
to the Committees on the Judiciary; Energy and Commerce.
[[Page 2599]]
Cosponsors added, [1FE], [14AP]
H.R. 3483--
A bill to establish a Mandatory Spending Control Commission to determine
appropriate methods to limit the growth of mandatory spending;
jointly, to the Committees on Government Operations; Rules.
Cosponsors added, [3MY], [30JN], [12JY]
H.R. 3485--
A bill to authorize appropriations for carrying out the Earthquake
Hazards Reduction Act of 1977 for fiscal years 1994, 1995, and 1996;
jointly, to the Committees on Science, Space, and Technology;
Natural Resources.
Passed Senate amended, [30SE]
Rules suspended. House agreed to Senate amendments, [5OC]
Presented to the President (October 11, 1994)
Approved [Public Law 103-374] (signed October 19, 1994)
H.R. 3486--
A bill to establish safe harbors from the application of the antitrust
laws for certain activities of providers of health care services,
and for other purposes; to the Committee on the Judiciary.
Cosponsors added, [24FE], [10MR], [22MR], [13AP], [14AP], [19AP],
[4MY], [5MY], [10MY], [11MY], [17MY], [19MY], [24MY], [26MY], [8JN],
[23JN], [29JN], [18JY], [3AU], [27SE]
H.R. 3488--
A bill to amend the National Foundation on the Arts and the Humanities
Act of 1965 to limit the distribution of funds of the National
Endowment for the Arts; to the Committee on Education and Labor.
Cosponsors added, [3FE], [10MR], [19AP], [21JN], [1AU], [13SE], [28SE]
H.R. 3490--
A bill to include as creditable service, for purposes of the Civil
Service Retirement System, certain periods of service performed in
certain Federal-State cooperative agricultural programs; to the
Committee on Post Office and Civil Service.
Cosponsors added, [25JA], [1FE], [8FE], [23FE], [10MR], [21MR],
[23MR], [12AP], [14AP], [19AP], [26AP], [5MY], [23MY], [22JN],
[13JY]
H.R. 3491--
A bill to amend the Federal Employees' Compensation Act, and title 18 of
the United States Code, and for other purposes; jointly, to the
Committees on Education and Labor; the Judiciary.
Cosponsors added, [14AP], [28AP], [25MY], [14JY], [18AU]
H.R. 3492--
A bill to authorize the minting of coins to commemorate the 200th
anniversary of the founding of the U.S. Military Academy at West
Point, NY; to the Committee on Banking, Finance and Urban Affairs.
Cosponsors added, [2FE], [23FE], [16MR], [17MR], [23MR], [17MY],
[8JN], [23JN], [12JY], [19JY], [11AU]
H.R. 3494--
A bill to amend title 18, United States Code, to provide for the
doubling of the imprisonment penalty for crimes committed against
the elderly; to the Committee on the Judiciary.
Cosponsors added, [26MY]
H.R. 3495--
A bill to amend the Immigration Reform and Control Act of 1986
concerning interim assistance to States for legislation [SLIAG]; to
the Committee on the Judiciary.
Cosponsors added, [26JA]
H.R. 3497--
A bill to amend title 18, with respect to travel for illegal sexual
activities; to the Committee on the Judiciary.
Cosponsors added, [21JN]
H.R. 3498--
A bill to establish the Great Falls Historic District, and for other
purposes; to the Committee on Natural Resources.
Cosponsors added, [24FE]
Reported with amendments (H. Rept. 103-472), [12AP]
Considered, [12AP]
Rules suspended. Passed House amended, [13AP]
H.R. 3499--
A bill to amend the Defense Department Overseas Teachers Pay and
Personnel Practices Act; jointly, to the Committees on Post Office
and Civil Service; Education and Labor.
Reported with amendment (H. Rept. 103-598), [13JY]
Rules suspended. Passed House amended, [19JY]
Passed Senate amended, [7OC]
House agreed to Senate amendment, [7OC]
Presented to the President (October 21, 1994)
Approved [Public Law 103-425] (signed October 31, 1994)
H.R. 3500--
A bill to amend title IV of the Social Security Act to provide welfare
families with the education, training, job search, and work
experience needed to prepare them to leave welfare within 2 years,
to increase the rate of paternity establishment for children
receiving welfare benefits, to provide States with greater
flexibility in providing welfare, to authorize States to conduct
demonstration projects to test the effectiveness of policies
designed to help people leave welfare and increase their financial
security, to strengthen child support enforcement, and to eliminate
welfare payments for most groups of noncitizens; jointly to the
Committees on Ways and Means; Education and Labor; Energy and
Commerce; Agriculture; Banking, Finance and Urban Affairs; the
Judiciary; Government Operations; Rules.
Cosponsors added, [10FE], [8AU], [26SE]
H.R. 3507--
A bill to amend the Internal Revenue Code of 1986 to provide a tax
exemption for health risk pools; to the Committee on Ways and Means.
Cosponsors added, [10FE], [12AP], [5MY], [10JN], [24JN]
H.R. 3508--
A bill to provide for tribal self-governance, and for other purposes; to
the Committee on Natural Resources.
Cosponsors added, [3FE], [8MR], [15MR], [13AP], [26AP]
Reported with amendment (H. Rept. 103-653), [3AU]
Rules suspended. Passed House amended, [16AU]
H.R. 3513--
A bill to terminate the gas turbine-modular helium reactor program of
the Department of Energy, and to dedicate the savings to deficit
reduction; to the Committee on Science, Space, and Technology.
Cosponsors added, [1FE], [2FE], [3FE], [7FE], [8FE], [9FE], [10FE],
[2MR], [3MR], [7MR], [8MR], [11MR], [16MR], [21MR], [23MR], [24MR],
[13AP], [14AP], [4MY], [26MY], [19JY], [22JY], [1AU], [9AU]
H.R. 3516--
A bill to increase the amount authorized to be appropriated for
assistance for highway relocation regarding the Chickamauga and
Chattanooga National Military Park in Georgia; to the Committee on
Natural Resources.
Reported with amendment (H. Rept. 103-437), [18MR]
Rules suspended. Passed House amended, [21MR]
H.R. 3519--
A bill to require the Secretary of the Treasury to mint and issue coins
in commemoration of the 125th anniversary of Yellowstone National
Park; to the Committee on Banking, Finance and Urban Affairs.
Cosponsors added, [2FE], [23FE], [23MR], [13AP], [19MY], [30JN]
H.R. 3520--
A bill to amend title 18, United States Code, to provide increased
penalties for damaging Federal property by fire, and for other
purposes; to the Committee on the Judiciary.
Cosponsors added, [1AU]
H.R. 3523--
A bill to amend the Internal Revenue Code of 1986 to allow homemakers to
get a full IRA deduction; to the Committee on Ways and Means.
Cosponsors added, [3FE], [10FE], [11FE], [24FE], [3MR], [11MR],
[16MR], [24MR], [14AP], [18MY], [10JN], [24JN], [30JN], [14JY],
[29JY], [5AU], [16AU], [22SE], [5OC]
H.R. 3526--
A bill to end the use of steel jaw leghold traps on animals in the
United States; to the Committee on Energy and Commerce.
Cosponsors added, [23FE], [28JN], [3AU], [5AU], [21AU], [19SE], [6OC],
[7OC]
H.R. 3527--
A bill to make unlawful the transfer or possession of assault weapons;
to the Committee on the Judiciary.
Cosponsors added, [25JA], [1FE], [2FE], [8FE], [10FE], [28FE], [3MR],
[15MR], [14AP], [20AP], [21AP], [26AP]
Cosponsors removed, [9FE]
H.R. 3533--
A bill to amend the Internal Revenue Code of 1986 to treat geological,
geophysical, and surface casing costs like intangible drilling and
development costs, and for other purposes; to the Committee on Ways
and Means.
Cosponsors added, [1FE]
H.R. 3534--
A bill to amend the Export Administration Act of 1979 with respect to
export controls on computers; to the Committee on Foreign Affairs.
Cosponsors added, [25JA], [23FE], [9MR], [24MR]
H.R. 3538--
A bill to prohibit U.S. military assistance and arms transfers to
foreign governments that are undemocratic, do not adequately protect
human rights, are engaged in acts of armed aggression, or are not
fully participating in the U.S. Register of Conventional Arms; to
the Committee on Foreign Affairs.
Cosponsors added, [9FE], [3MR], [19AP], [11MY], [12JY], [4AU], [18AU],
[28SE], [29SE]
H.R. 3542--
A bill to amend title 18, United States Code, to regulate the
manufacture, importation, and sale of certain particularly dangerous
bullets; to the Committee on the Judiciary.
Cosponsors added, [25JA], [8FE]
H.R. 3545--
A bill to reauthorize the independent counsel statute, and for other
purposes; to the Committee on the Judiciary.
Cosponsors added, [9FE]
H.R. 3546--
A bill to provide for the establishment of a program for safety,
development, and education in the propane gas industry for the
benefit of propane consumers and the public, and for other purposes;
jointly, to the Committees on Energy and Commerce; Science, Space,
and Technology.
Cosponsors added, [25JA], [26JA], [1FE], [8FE], [23FE], [3MR], [9MR],
[18MR], [12AP], [19AP], [21AP], [28AP], [11MY], [23MY], [9JN],
[23JN], [14JY], [19JY], [26JY], [9AU], [12SE], [23SE], [4OC]
H.R. 3550--
A bill to foster economic growth, create new employment opportunities,
and strengthen the industrial base of the United States by providing
credit for businesses and by facilitating the transfer and
commercialization of Government-owned patents, licenses, processes,
and technologies, and for other purposes; jointly, to the Committees
on Banking, Finance and Urban Affairs; Science, Space, and
Technology; the Judiciary; Ways and Means.
Cosponsors added, [2MR]
H.R. 3554--
A bill to require the exchange of National Forest System lands in the
Targhee National Forest in Idaho for non-Federal lands within the
forest in Wyoming; to the Committee on Natural Resources.
Reported with amendments (H. Rept. 103-809), [3OC]
H.R. 3556--
A bill to provide for, and to provide constitutional procedures for the
imposition of, the death penalty for causing death through the use
of a bomb or other destructive device; to the Committee on the
Judiciary.
Cosponsors added, [25JA]
H.R. 3559--
A bill to amend the Dayton Aviation Heritage Preservations Act of 1992,
and for other purposes; to the Committee on Natural Resources.
Reported with amendments (H. Rept. 103-808), [3OC]
H.R. 3560--
A bill to establish certain requirements relating to the transfer or
disposal of public lands managed by the Bureau of Land Management,
and for other purposes; to the Committee on Natural Resources.
Cosponsors added, [21AP], [27JN], [13JY], [22JY], [29JY], [1AU],
[12SE], [22SE]
H.R. 3561--
A bill to amend the Public Health Service Act to reauthorize adolescent
family life demonstration projects, and for other purposes; to the
Committee on Energy and Commerce.
Cosponsors added, [3FE], [24MR], [14AP], [18MY], [25MY], [10JN]
H.R. 3563--
A bill to provide for an exemption for certain U.S.-flag ships from
radio operator and equipment requirements; to the Committee on
Energy and Commerce.
Cosponsors added, [10FE]
[[Page 2600]]
H.R. 3564--
A bill to amend section 255 of the National Housing Act to make
homeowners who are at least 50 years of age and disabled or blind
eligible for home equity conversion mortgages insured under such
section; to the Committee on Banking, Finance and Urban Affairs.
Cosponsors added, [1FE], [3FE], [10FE], [10MR], [12AP], [12JY]
H.R. 3567--
A bill to amend the John F. Kennedy Center Act to transfer operating
responsibilities to the Board of Trustees of the John F. Kennedy
Center for the Performing Arts, and for other purposes; to the
Committee on Public Works and Transportation.
Reported with amendments (H. Rept. 103-453, part 1), [24MR]
Referred to the Committee on Natural Resources, [24MR]
Referral to the Committee on Natural Resources extended, [29AP]
Reported with amendment (H. Rept. 103-453, part 2), [6MY]
Rules suspended. Passed House amended, [10MY]
Passed Senate amended, [27JN]
Rules suspended. House agreed to Senate amendment, [28JN]
Presented to the President (July 13, 1994)
Approved [Public Law 103-279] (signed July 21, 1994)
H.R. 3569--
A bill to amend the Public Health Service Act to provide for an increase
in the amount of Federal funds expended to conduct research on
alcohol abuse and alcoholism among women; to the Committee on Energy
and Commerce.
Cosponsors added, [25JA], [10FE], [16MR], [24MR]
H.R. 3570--
A bill to amend the Federal Deposit Insurance Act to provide for a
system of insuring the deposits of depository institutions through a
self-regulating system of cross-guarantees, to protect taxpayers
against deposit insurance losses, and for other purposes; jointly,
to the Committees on Banking, Finance and Urban Affairs; the
Judiciary; Ways and Means.
Cosponsors added, [1FE]
H.R. 3572--
A bill to establish minimum standards for the training and certification
of environmental professionals performing phase I environmental site
assessments; to the Committee on Energy and Commerce.
Cosponsors added, [25JA], [2MR], [23MR], [12AP]
H.R. 3573--
A bill to amend title XIX of the Social Security Act to promote
demonstrations by States of alternative methods of delivering health
care services through community health authorities; to the Committee
on Energy and Commerce.
Cosponsors added, [1FE], [8FE], [3MR], [13AP], [11MY]
H.R. 3574--
A bill to amend title 10, United States Code, to provide improved
benefits for former spouses of certain members of the uniformed
services voluntarily or involuntarily discharged during the
reduction in levels of military personnel; to the Committee on Armed
Services.
Cosponsors added, [9FE], [22FE], [12AP], [20AP], [29JN]
H.R. 3577--
A bill to establish a center for rare disease research in the National
Institutes of Health, and for other purpose; to the Committee on
Energy and Commerce.
Cosponsors added, [16MR]
H.R. 3580--
A bill to amend the Child Nutrition Act of 1966 and the National School
Lunch Act to promote healthy eating habits for children and to
extend certain authorities contained in such acts through fiscal
year 1998, and for other purposes; to the Committee on Education and
Labor.
Cosponsors added, [28JN]
H.R. 3584--
A bill to encourage each State to adopt truth-in-sentencing laws and to
help fund additional spaces in the State correctional programs as
needed; jointly, to the Committees on the Judiciary; Post Office and
Civil Service.
Cosponsors added, [26JA], [9FE], [11FE], [3MR], [9MR], [23MR], [12AP],
[25MY]
H.R. 3587--
A bill to require the Federal Communications Commission to amend the
program exclusivity and nonduplication rules relating to cable
television system blackouts to permit carriage of network
programming from broadcasts within the same State; to the Committee
on Energy and Commerce.
Cosponsors added, [25JA]
H.R. 3591--
A bill to amend title II of the Social Security Act to provide for a
gradual increase by the year 2030 in the normal retirement age and
the early retirement age to ages 70 and 67, respectively; to the
Committee on Ways and Means.
Cosponsors added, [2FE]
H.R. 3593--
A bill to establish the Ohio and Erie Canal National Heritage Corridor
in the State of Ohio as an affiliated area of the National Park
System; to the Committee on Natural Resources.
Cosponsors added, [20AP]
H.R. 3594--
A bill to prohibit direct Federal financial benefits and unemployment
benefits to illegal aliens; jointly, to the Committees on the
Judiciary; Ways and Means.
Cosponsors added, [13AP], [24JN], [13JY], [1AU]
H.R. 3596--
A bill to amend the Public Health Service Act to provide for the
establishment by the National Institutes of Health of research
centers regarding movement disorders; to the Committee on Education
and Labor.
Cosponsors added, [16JN], [21JN], [26JY], [28JY]
H.R. 3600--
A bill to ensure individual and family security through health care
coverage for all Americans in a manner that contains the rate of
growth in health care costs and promotes responsible health
insurance practices, to promote choice in health care, and to ensure
and protect the health care of all Americans; jointly, to the
Committees on Energy and Commerce; Ways and Means; Education and
Labor, for consideration of such provisions in titles I, III, VI,
VII, X, and XI as fall within its jurisdiction pursuant to clause
1(g) of rule X; and concurrently, for a period ending not later than
two weeks after all three committees of joint referral report to the
House (or a later time if the Speaker so designates), to the
Committee on Armed Services for consideration of subtitle A of title
VIII and such provisions of title I as fall within its jurisdiction
pursuant to clause 1(c) of rule X, to the Committee on Veterans'
Affairs for consideration of subtitle B of title VIII and such
provisions of title I as fall within its jurisdiction pursuant to
clause 1(u) of rule X, to the Committee on Post Office and Civil
Service for consideration of subtitle C of title VIII and such
provisions of title I as fall within its jurisdiction pursuant to
clause 1(o) of rule X, to the Committee on Natural Resources for
consideration of subtitle D of title VIII and such provisions of
title I as fall within its jurisdiction pursuant to clause 1(n) of
rule X, to the Committee on the Judiciary for consideration of
subtitles C through F of title V and such other provisions as fall
within its jurisdiction pursuant to clause 1(l) of rule X, to the
Committee on Rules for consideration of sections 1432(d), 6006(f),
and 9102(e)(5), and to the Committee on Government Operations for
consideration of subtitle B of title V and section 5401.
Cosponsors added, [26JA], [10FE], [9MR]
Reported from the Committee on Ways and Means with amendment (H. Rept.
103-601, part 1), [14JY]
Reported from the Committee on Education and Labor with amendments (H.
Rept. 103-601, part 2), [22JY]
Reported from the Committee on Armed Services with amendments (H.
Rept. 103-601, part 3), [28JY]
Reported from the Committee on Veterans' Affairs with amendment (H.
Rept. 103-601, part 4), [2AU]
Reported from the Committee on Government Operations with amendments
(H. Rept. 103-601, part 5), [12AU]
Reported from the Committee on Natural Resources with amendments (H.
Rept. 103-601, part 6), [6OC]
Reported from the Committee on Post Office and Civil Service with
amendments (H. Rept. 103-601, part 7), [7OC]
H.R. 3605--
A bill to provide Federal recognition of the Mowa Band of Choctaw
Indians of Alabama; to the Committee on Natural Resources.
Cosponsors added, [24FE]
H.R. 3611--
A bill to establish the California Urban Environmental Research and
Education Center; jointly, to the Committees on Science, Space, and
Technology; Education and Labor.
Cosponsors added, [22FE], [2MR], [12AP], [21AP], [17MY], [18MY],
[28JN], [12JY]
H.R. 3612--
A bill to amend the Alaska Native Claims Settlement Act, and for other
purposes; to the Committee on Natural Resources.
Reported with amendment (H. Rept. 103-805), [3OC]
Rules suspended. Passed House amended, [3OC]
H.R. 3613--
A bill entitled, ``The Kenai Natives Association Equity Act''; jointly,
to the Committees on Natural Resources; Merchant Marine and
Fisheries.
Reported with amendments (H. Rept. 103-822), [3OC]
Rules suspended. Passed House amended, [3OC]
H.R. 3614--
A bill to prescribe labels for packages and advertising for tobacco
products, to restrict the advertising and promotion of tobacco
products, and for other purposes; to the Committee on Energy and
Commerce.
Cosponsors added, [25JA], [3FE], [10FE], [3MR], [16MR], [22MR], [20AP]
H.R. 3615--
A bill to amend the Federal Deposit Insurance Act to require Federal
Deposit Insurance Corporation approval for conversions of insured
banks from mutual form to stock form, and for other purposes; to the
Committee on Banking, Finance and Urban Affairs.
Cosponsors added, [2FE]
H.R. 3617--
A bill to amend the Everglades National Park Protection and Expansion
Act of 1989, and for other purposes; to the Committee on Natural
Resources.
Reported (H. Rept. 103-224), [7FE]
Passed Senate, [10FE]
Presented to the President (February 25, 1994)
Approved [Public Law 103-219] (signed March 9, 1994)
H.R. 3619--
A bill to amend the Revenue Act of 1987 to provide a permanent extension
of the transition rule for certain publicly traded partnerships; to
the Committee on Ways and Means.
Cosponsors added, [3FE], [5AU], [29SE]
H.R. 3620--
A bill to amend the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, and for other purposes; jointly, to the
Committees on Energy and Commerce; Public Works and Transportation;
Ways and Means.
Cosponsors added, [2MR]
H.R. 3622--
A bill to repeal the must-carry provisions of the title VI of the
Communications Act of 1934, relating to cable television; to the
Committee on Energy and Commerce.
Cosponsors added, [1FE], [8MR], [11MR], [16MR]
H.R. 3624--
A bill to amend the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 to establish a program for assigning
shares of liability to liable parties at Superfund sites, and for
other purposes; jointly, to the Committees on Energy and Commerce;
Public Works and Transportation.
Cosponsors added, [9FE], [22MR], [20AP]
H.R. 3626--
A bill to supersede the modification of final judgment entered August
24, 1982, in the antitrust action styled U.S. v. Western Electric,
civil action No. 82-0192, U.S. District Court for the District of
Columbia; to amend the Communications Act of 1934 to regulate the
manufacturing of Bell operating companies, and for other purposes;
jointly, to the Committees on the Judiciary; Energy and Commerce.
Cosponsors added, [23FE], [1MR], [12AP], [24JN]
Reported with amendment (H. Rept. 103-559, part 1), [24JN]
Reported with amendments (H. Rept. 103-559, part 2), [24JN]
Rules suspended. Passed House amended, [28JN]
H.R. 3627--
A bill to amend the Export Administration Act of 1979 with respect to
the control of computers and related equipment; to the Committee on
Foreign Affairs.
[[Page 2601]]
Cosponsors added, [22MR], [4MY]
H.R. 3628--
A bill to establish the Regulatory Sunset Commission to review
regulations of executive agencies, and to provide for the automatic
termination of regulations that are not authorized by the Commission
to continue in effect; jointly, to the Committees on the Judiciary;
Government Operations.
Cosponsors added, [6OC], [7OC]
H.R. 3629--
A bill to rescind appropriations for the U.S. Postal Service in an
amount equal to the amount expended by the Postal Service in the
design and implementation of its new corporate logo; to the
Committee on Appropriations.
Cosponsors added, [26JA], [24FE]
H.R. 3630--
A bill to amend the Internal Revenue Code of 1986 with respect to the
treatment of tax-exempt bonds; to the Committee on Ways and Means.
Cosponsors added, [9MR], [24MR], [12AP], [5MY], [11MY], [17MY], [8JN],
[14JN], [28JN], [30JN], [20JY], [4AU], [6OC]
H.R. 3632--
A bill to require the mandatory reporting of deaths resulting from
errors in the prescribing, dispensing, and administration of drugs,
to allow the continuation of voluntary reporting programs, and for
other purposes; jointly, to the Committees on Energy and Commerce;
Ways and Means.
Cosponsors added, [3FE]
H.R. 3633--
A bill to reform the House of Representatives, and for other purposes;
jointly, to the Committees on Rules; Government Operations.
Cosponsors added, [25JA], [8FE], [10FE], [23FE], [17MR], [13AP],
[18MY], [27JN], [26JY], [20SE]
H.R. 3634--
A bill to amend the Military Selective Service Act to terminate the
registration requirement and to terminate the activities of civilian
local boards, civilian appeal boards, and similar local agencies of
the Selective Service System; to the Committee on Armed Services.
Cosponsors added, [14AP], [23JN], [28JY]
H.R. 3635--
A bill to require the withdrawal of the United States from the NAFTA
supplemental agreements on labor and environmental cooperation; to
the Committee on Ways and Means.
Cosponsors added, [3FE], [16MR], [20JY], [1AU]
H.R. 3636--
A bill to promote a national communications infrastructure to encourage
deployment of advanced communications services through competition,
and for other purposes; to the Committee on Energy and Commerce.
Cosponsors added, [3FE], [23FE], [3MR], [10MR], [14AP], [17JN]
Reported with amendment (H. Rept. 103-560), [24JN]
Rules suspended. Passed House amended, [28JN]
Laid on table, [28JN]
H.R. 3637--
A bill to require the Secretary of the Treasury to include organ
donation information with individual income tax refund payments; to
the Committee on Ways and Means.
Cosponsors added, [11FE], [26MY]
H.R. 3641--
A bill to make adjustments of maps relating to the Coastal Barrier
Resources System; to the Committee on Merchant Marine and Fisheries.
Cosponsors added, [3FE]
H.R. 3642--
A bill to provide regulatory capital guidelines for treatment of real
estate assets sold with limited recourse by depository institutions;
jointly to the Committees on Banking, Finance and Urban Affairs;
Energy and Commerce.
Cosponsors added, [11FE], [22FE], [3MR], [16MR], [12AP], [23MY],
[25JY]
H.R. 3645--
A bill to provide a tax credit for families, to provide certain tax
incentives to encourage investment and increase savings, and to
place limitations on the growth of spending; jointly, to the
Committees on Ways and Means; Government Operations; Rules.
Cosponsors added, [25JA], [26JA], [2FE], [8FE], [9FE], [2MR], [21AP],
[11MY], [19JY], [4AU], [12SE], [4OC]
H.R. 3646--
A bill to amend the Federal Meat Inspection Act and the Poultry Products
Inspection Act to permit the movement in interstate commerce ofP
meat and meat food products and poultry products that satisfy State
inspection requirements that are at least equal to Federal
inspection standards; to the Committee on Agriculture.
Cosponsors added, [24MR], [25MY], [14JN], [29JN], [18AU], [3OC]
H.R. 3650--
A bill to amend the Federal Food, Drug, and Cosmetic Act to assure
access to dietary supplements and to amend the Dietary Supplement
Act of 1992 to extend the moratorium with respect to the issuance of
regulations on dietary supplements, and for other purposes; to the
Committee on Energy and Commerce.
Cosponsors added, [25JA]
H.R. 3651--
A bill to amend the Internal Revenue Code of 1986 with respect to the
treatment of long-term care insurance policies, and for other
purposes; jointly, to the Committees on Ways and Means; Energy and
Commerce.
Cosponsors added, [14AP]
H.R. 3652--
A bill to improve the competitiveness, efficiency, and fairness of
health coverage for individuals and small employers through
promoting the development of voluntary Health Plan Purchasing
Cooperatives; jointly, to the Committees on Energy and Commerce;
Ways and Means.
Cosponsors added, [3FE]
H.R. 3656--
A bill to restrict sales and leases of defense articles and defense
services to any country or international organization which as a
matter of policy or practice is known to have sent letters to U.S.
firms requesting compliance with, or soliciting information
regarding compliance with, the secondary or tertiary Arab boycott;
to the Committee on Foreign Affairs.
Cosponsors added, [9FE], [11FE], [23FE], [8MR], [11MR], [16MR],
[22MR], [23MR], [24MR], [12AP], [18AP], [2MY], [11MY], [17MY],
[25MY]
H.R. 3658--
A bill to amend the Fair Labor Standards Act of 1938 to provide that
employees in classified positions in community colleges are not
required to receive overtime compensation for service in a certified
or other academic position; to the Committee on Education and Labor.
Cosponsors added, [25JA], [2FE], [23MR], [26AP], [18MY], [10JN],
[14JY]
H.R. 3659--
A bill to amend title XIX of the Social Security Act to improve the
Federal medical assistance percentage used under the Medicaid
Program, and for other purposes; to the Committee on Energy and
Commerce.
Cosponsors added, [25AP], [5MY]
H.R. 3660--
A bill to amend the Omnibus Crime Control and Safe Streets Act of 1968
to ensure that chaplains killed in the line of duty receive
benefits; to the Committee on the Judiciary.
Cosponsors added, [10FE], [23FE], [28FE], [7MR], [15MR], [23MR],
[12AP], [18MY], [8JN], [13JN]
H.R. 3661--
A bill to amend the Federal Deposit Insurance Act to clarify the due
process protections applicable to directors and officers of insured
depository institutions and other institution-affiliated parties,
and for other purposes; to the Committee on Banking, Finance and
Urban Affairs.
Cosponsors added, [24MR], [10AU]
H.R. 3663--
A bill to reaffirm the obligation of the United States to refrain from
the involuntary return of refugees outside the United States,
designate Haiti under temporary protected status, and for other
purposes; jointly, to the Committees on Foreign Affairs; the
Judiciary.
Cosponsors added, [25JA], [1FE], [3FE], [9FE], [10FE], [22FE], [24FE],
[1MR], [8MR], [9MR], [10MR], [15MR], [16MR], [24MR], [12AP], [21AP],
[25AP], [11MY], [18MY], [26MY], [9JN]
H.R. 3664--
A bill to direct the Secretary of the Interior to convey to the State of
Minnesota the New London National Fish Hatchery production facility;
to the Committee on Merchant Marine and Fisheries.
Rules suspended. Passed House, [21MR]
Passed Senate amended, [21SE]
House agreed to Senate amendments with amendment, [7OC]
H.R. 3666--
A bill to require the Secretary of the Treasury to mint and issue $1
coins in commemoration of the 50th anniversary of the end of World
War II and General George C. Marshall's service therein; to the
Committee on Banking, Finance and Urban Affairs.
Cosponsors added, [25JA], [26JA], [24FE], [24MR], [19AP], [4AU]
H.R. 3668--
A bill to require the Secretary of the Treasury to mint coins in
commemoration of the 125th anniversary of the founding of the
American Museum of Natural History; to the Committee on Banking,
Finance and Urban Affairs.
Cosponsors added, [12JY], [19JY], [3AU]
H.R. 3671--
A bill to amend the Internal Revenue Code of 1986 to provide for
adjustments in the individual income tax rates to reflect regional
differences in the cost-of-living; to the Committee on Ways and
Means.
Cosponsors added, [19MY]
H.R. 3672--
A bill to require the Secretary of Labor to establish cost-of-living
indexes on a regional basis; to the Committee on Education and
Labor.
H.R. 3673--
A bill to minimize the impact of Federal acquisition of private lands on
units of local government, and for other purposes; to the Committee
on Government Operations.
Cosponsors added, [25JY]
H.R. 3676--
A bill to amend the District of Columbia Spouse Equity Act of 1988 to
provide for coverage of the former spouses of judges of the District
of Columbia courts; to the Committee on the District of Columbia.
Committee discharged. Passed House, [25MY]
Passed Senate, [14JN]
Presented to the President (June 16, 1994)
Approved [Public Law 103-268] (signed June 28, 1994)
H.R. 3678--
A bill to authorize the Secretary of the Interior to negotiate
agreements for the use of Outer Continental Shelf sand, gravel, and
shell resources; jointly, to the Committees on Natural Resources;
Merchant Marine and Fisheries.
Cosponsors added, [12AP], [9MY]
Reported with amendment (H. Rept. 103-817), [3OC]
Rules suspended. Passed House amended, [3OC]
Passed Senate, [6OC]
Presented to the President (October 21, 1994)
Approved [Public Law 103-426] (signed October 31, 1994)
H.R. 3679--
A bill to authorize appropriations to expand implemention of the Junior
Duck Stamp Conservation Program conducted by the U.S. Fish and
Wildlife Service; to the Committee on Merchant Marine and Fisheries.
Reported with amendments (H. Rept. 103-521), [23MY]
Rules suspended. Passed House amended, [23MY]
Passed Senate, [21SE]
Presented to the President (September 26, 1994)
Approved [Public Law 103-340] (signed October 6, 1994)
H.R. 3684--
A bill to amend the Internal Revenue Code of 1986 to modify the pension
plan rules applicable to State judicial retirement plans; to the
Committee on Ways and Means.
Cosponsors added, [19AP]
H.R. 3685--
A bill to amend title 18, United States Code, to authorize prosecutions
as adults of certain armed offenders who are juveniles; to the
Committee on the Judiciary.
Cosponsors added, [3FE], [23FE], [2MR], [15MR], [16MR], [22MR],
[25MY], [8JN]
H.R. 3687--
A bill to cancel the space station program; to the Committee on Science,
Space, and Technology.
Cosponsors added, [25JA], [25JY], [12SE]
H.R. 3691--
A bill to require that printing for the executive and legislative
branches of the Government be procured through a competitive bid
process conducted by the Administrator of General Services; jointly,
to the Committees on Government Operations; House Administration.
Cosponsors added, [28JY]
H.R. 3692--
A bill to limit the amount an executive agency may obligate for office
furniture and decorat-P
[[Page 2602]]
ing in fiscal years after fiscal year 1994, and to rescind amounts
available for that purpose for fiscal year 1994; to the Committee on
Government Operations.
Cosponsors added, [21AP], [28AP], [28JY], [1AU], [7OC]
H.R. 3693--
A bill to designate the U.S. courthouse under construction in Denver,
CO, as the ``Byron White United States Courthouse''; to the
Committee on Public Works and Transportation.
Reported (H. Rept. 103-456), [24MR]
Rules suspended. Passed House, [12AP]
Passed Senate, [20AP]
Presented to the President (April 22, 1994)
Approved [Public Law 103-241] (signed May 4, 1994)
H.R. 3694--
A bill to amend title 5, United States Code, to permit the garnishment
of an annuity under the Civil Service Retirement System or the
Federal Employees' Retirement System, if necessary to satisfy a
judgment against an annuitant for physically abusing a child; to the
Committee on Post Office and Civil Service.
Cosponsors added, [12AP], [14AP], [11MY], [23JN], [19JY], [19SE]
Reported with amendments (H. Rept. 103-721), [19SE]
Rules suspended. Passed House amended, [19SE]
Passed Senate, [30SE]
Presented to the President (October 4, 1994)
Approved [Public Law 103-358] (signed October 14, 1994)
H.R. 3695--
A bill to establish requirements relating to the issuance and review of
regulations by Federal agencies; to the Committee on the Judiciary.
Cosponsors added, [25JA], [10FE], [18AP], [5MY], [18AU]
H.R. 3698--
A bill to provide Americans with secure, portable health insurance
benefits and greater choice of health insurance plans, and for other
purposes; jointly, to the Committees on Energy and Commerce; Ways
and Means; Education and Labor; the Judiciary; Rules.
Cosponsors added, [25JA], [2FE], [3MY]
Cosponsors removed, [16JN]
H.R. 3699--
A bill to amend the Public Health Service Act to establish, reauthorize
and revise provisions to improve the health of individuals from
disadvantaged backgrounds, and for other purposes; jointly, to the
Committees on Education and Labor; Energy and Commerce.
Cosponsors added, [10FE]
H.R. 3704--
A bill to provide comprehensive reform of the health care system of the
United States, and for other purposes; jointly, to the Committees on
Energy and Commerce; Ways and Means; Education and Labor; the
Judiciary; Rules.
Cosponsors added, [21MR], [23MR], [24MR], [14AP]
H.R. 3705--
A bill to amend the Fair Labor Standards Act of 1938 to provide an
exemption from that act for inmates of penal or other correctional
institutions who participate in certain programs; to the Committee
on Education and Labor.
Cosponsors added, [25JA], [22FE], [11MR], [18AP], [10JN], [13JN],
[27JN], [13JY], [20JY], [25JY], [4AU], [12AU], [30SE]
H.R. 3706--
A bill to amend the Solid Waste Disposal Act to prohibit the
international export and import of certain solid waste; to the
Committee on Energy and Commerce.
Cosponsors added, [26JA], [8FE], [23FE], [2MR], [22MR], [22JY], [19SE]
H.R. 3707--
A bill to establish an American Heritage Areas Partnership Program in
the Department of the Interior; to the Committee on Natural
Resources.
Cosponsors added, [23MR]
Reported with amendment (H. Rept. 103-570), [30JN]
H.R. 3708--
A bill to reform the operation, maintenance, and development of the
Steamtown National Historic site, and for other purposes; to the
Committee on Natural Resources.
Reported with amendment (H. Rept. 103-588), [12JY]
Rules suspended. Passed House amended, [12JY]
H.R. 3712--
A bill to award a congressional gold medal on behalf of President Harry
S Truman to commemorate the 50th anniversary of his 1st inauguration
as President of the United States of America; to the Committee on
Banking, Finance and Urban Affairs.
Cosponsors added, [29JY], [16AU], [23SE], [7OC]
H.R. 3713--
A bill to amend the Motor Vehicle Information and Cost Savings Act to
establish certain safeguards for the protection of purchasers with
respect to the sale of motor vehicles that are salvage or have been
damaged, to require inspection of salvage vehicles that have been
repaired in order to prevent the sale of unsafe vehicles or vehicles
with stolen parts, and for other purposes; to the Committee on
Energy and Commerce.
Cosponsors added, [23SE]
H.R. 3714--
A bill to provide for an interpretive center at the Civil War
Battlefield of Corinth, MS, and for other purposes; to the Committee
on Natural Resources.
Cosponsors added, [22JY]
H.R. 3715--
A bill to provide consultations for the development of Articles of
Incorporation for territories of the United States; to the Committee
on Natural Resources.
Cosponsors added, [9JN]
H.R. 3716--
A bill to limit amounts expended by certain Government entities for
overhead expenses; to the Committee on Government Operations.
Cosponsors added, [28AP], [26JY], [29JY], [1AU]
H.R. 3717--
A bill to allow for moderate growth of mandatory spending; jointly, to
the Committees on Government Operations; Rules.
Cosponsors added, [28AP], [21JN], [1AU]
H.R. 3718--
A bill for the relief of Mark A. Potts; to the Committee on the
Judiciary.
Reported (H. Rept. 103-577), [30JN]
Passed over, [19JY], [2AU], [4OC], [7OC]
H.R. 3720--
A bill to regulate the manufacture, importation, and sale of jacketed
hollow point ammunition, and for other purposes; to the Committee on
the Judiciary.
Cosponsors added, [25JA], [23FE], [3MR], [16MR], [20AP], [21AP]
H.R. 3721--
A bill to provide grants to the Bureau of Justice Assistance to expand
the capacity of correctional facilities in the States, increase
programs for major offenders and parolees, and for other purposes;
jointly, to the Committees on the Judiciary; Ways and Means; Foreign
Affairs; Public Works and Transportation; Armed Services;
Agriculture; Science, Space, and Technology; Government Operations;
Energy and Commerce; Natural Resources; House Administration; Rules;
Banking, Finance and Urban Affairs; Veterans' Affairs; Education and
Labor; Post Office and Civil Service.
By Mr. ANDREWS of Texas, [25JA]
Cosponsors added, [2FE], [3FE]
H.R. 3722--
A bill to amend the Internal Revenue Code of 1986 to provide for the
tax-free treatment of certain education savings accounts, and for
other purposes; to the Committee on Ways and Means.
By Mr. BARLOW (for himself and Mr. Baesler), [25JA]
Cosponsors added, [26MY], [13JY], [19JY], [26JY], [17AU], [19AU],
[23SE]
H.R. 3723--
A bill to provide that the exception from the limitation on the
accumulation of annual leave which currently applies to Federal
employees affected by the closure of a military installation be
extended to those affected by a realignment with respect to any such
installation as well; to the Committee on Post Office and Civil
Service.
By Mr. BOEHLERT, [25JA]
H.R. 3724--
A bill to designate the U.S. courthouse located in Bridgeport, CT, as
the ``Brien McMahon Federal Building''; to the Committee on Public
Works and Transportation.
By Mrs. KENNELLY, [25JA]
Reported (H. Rept. 103-513), [19MY]
Rules suspended. Passed House, [23MY]
Passed Senate, [22JN]
Presented to the President (June 28, 1994)
Approved [Public Law 103-274] (signed July 5, 1994)
H.R. 3725--
A bill to reduce the amounts appropriated to the Department of Education
to increase grants to State and local educational agencies and to
reduce the Federal budget deficit; to the Committee on Education and
Labor.
By Mr. KING, [25JA]
Cosponsors added, [10FE], [24FE], [15MR], [16JN], [22JN], [29JN],
[19JY], [26JY], [21SE]
H.R. 3726--
A bill to require the Secretary of Transportation to amend the existing
regulations applicable to charter flights to the Super Bowl to apply
the requirements of such regulations to charter flights to
intercollegiate football games designated as bowl games and to the
basketball games among the last four teams in the National
Collegiate Athletic Association's division I championship basketball
tournaments; to the Committee on Public Works and Transportation.
By Mr. KLUG (for himself, Mr. Petri, Mr. Barrett of Wisconsin, Mr.
Barca of Wisconsin, Mr. Roth, Mr. Kleczka, and Mr. Gunderson),
[25JA]
H.R. 3727--
A bill to require the Secretary of Health and Human Services to conduct
a study of, and report to the Congress on, the feasibility of using
biometric devices to verify the identity of persons applying for or
receiving aid to families with dependent children in order to reduce
fraud in the welfare program; to the Committee on Ways and Means.
By Mr. LAZIO (for himself, Mr. King, Mr. Levy, Mr. Boehlert, Mr. Lewis
of California, Mr. Petri, Mr. Dornan, Mr. Bilbray, Mr. Zimmer, Mr.
Walker, Mr. McHugh, Mr. Armey, Mr. Gingrich, Mr. Canady, Mr. Shaw,
Ms. Dunn, Mr. Allard, Mr. DeLay, Mr. Horn, Mrs. Fowler, Mr. Duncan,
and Mr. Gekas), [25JA]
Cosponsors added, [26JA], [1FE], [2FE], [3FE], [8FE], [9FE], [10FE],
[22FE], [8MR], [12AP], [25MY], [12SE], [27SE]
H.R. 3728--
A bill to eliminate the unfunded liability of the teachers',
firefighters', police officers', and judges' pension funds of the
District of Columbia by increasing and extending the contributions
of the Federal Government to such funds, increasing employee
contributions to such funds, and establishing a single annual cost-
of-living adjustment for annuities paid from such funds, and for
other purposes; to the Committee on the District of Columbia.
By Ms. NORTON (for herself, Mr. Dellums, Mr. Jefferson, Mr. Lewis of
Georgia, and Mr. McDermott), [25JA]
H.R. 3729--
A bill to eliminate automatic pay adjustments for Members of Congress;
jointly, to the Committees on Post Office and Civil Service; House
Administration.
By Mrs. ROUKEMA, [25JA]
Cosponsors added, [10MR]
H.R. 3730--
A bill to establish a professional development program; to the Committee
on Education and Labor.
By Mr. SAWYER, [25JA]
H.R. 3731--
A bill to amend title 10, United States Code, to repeal the requirement
that amounts paid to a member of the Armed Forces under the Special
Separation Benefits Program of the Department of Defense be offset
from amounts subsequently paid to that member by the Department of
Veterans Affairs as disability compensation; to the Committee on
Armed Services.
By Ms. BROWN of Florida, [25JA]
Cosponsors added, [23JN]
H.R. 3732--
A bill to designate certain lands in the State of Idaho as wilderness,
and for other purposes; jointly, to the Committees on Natural
Resources; Agriculture.
By Mr. LaROCCO, [25JA]
H.R. 3733--
A bill to amend title 18, United States Code, to prohibit the interstate
transportation of a firearm with the intent to commit a violent
crime, and to impose the death penalty for a violation that results
in death; to the Committee on the Judiciary.
By Mr. LEVY (for himself, Mr. Quinn, Mr. King, Mr. Lazio, Mr.
Machtley, Mr. Bilirakis, Mr. Solomon,
[[Page 2603]]
Mr. McCollum, Mr. Gilman, Ms. Kaptur, and Mr. Torkildsen), [25JA]
H.R. 3734--
A bill to expand the role of public schools to provide community
services; to the Committee on Education and Labor.
By Mr. GUNDERSON, [26JA]
H.R. 3735--
A bill making emergency supplemental appropriations for disaster
assistance because of the Los Angeles earthquake for the fiscal year
ending September 30, 1994, and for other purposes; to the Committee
on Appropriations.
By Mr. NATCHER (for himself, Mr. Whitten, Mr. Smith of Iowa, Mr.
Stokes, Mr. Bevill, Mr. Dixon, Mr. Fazio, Mr. Hefner, Mr. Carr, Mr.
Durbin, Mr. Lewis of California, Ms. Pelosi, Mr. Torres, Mr.
Packard, Mr. Edwards of California, Mr. Moorhead, Mr. Becerra, Mr.
Beilenson, Mr. Berman, Mr. Brown of California, Mr. Calvert, Mr.
Dellums, Mr. Dreier, Ms. Eshoo, Mr. Farr, Mr. Filner, Mr. Gallegly,
Mr. Hamburg, Ms. Harman, Mr. Horn, Mr. Kim, Mr. Lantos, Mr.
Martinez, Mr. Matsui, Mr. McKeon, Mr. Miller of California, Mr.
Mineta, Ms. Roybal-Allard, Ms. Schenk, Mr. Stark, Mr. Tucker, Ms.
Waters, Mr. Waxman, and Ms. Woolsey), [26JA]
H.R. 3736--
A bill to provide incentives for job apprenticeship programs, enhance
educational opportunities, and study the feasibility of
consolidating the administration of all Federal dislocated worker
programs; jointly, to the Committees on Education and Labor; Ways
and Means; Post Office and Civil Service.
By Mr. ANDREWS of Texas, [26JA]
H.R. 3737--
A bill to provide supplemental security income benefits to needy
children; to the Committee on Ways and Means.
By Mrs. MINK, [26JA]
H.R. 3738--
A bill to promote equitable pay practices and eliminate discrimination
within the civil service; to provide for more equitable pay
practices within the legislative branch; to require the executive
branch to gather and disseminate information regarding, and to
promote techniques to eliminate, discriminatory wage-setting
practices and discriminatory wage disparities which are based on
sex, race, or national origin; and for other purposes; jointly, to
the Committees on Post Office and Civil Service; House
Administration; Ways and Means; Education and Labor.
By Mr. ANDREWS of Texas (for himself, Ms. Norton, Mrs. Morella, and
Mrs. Schroeder), [26JA]
Cosponsors added, [22FE], [13AP], [19MY]
H.R. 3739--
A bill to amend the Internal Revenue Code of 1986 to provide all
taxpayers with a 50-percent deduction for capital gains, to index
the basis of certain capital assets, and to allow the capital loss
deduction for losses on the sale or exchange of an individual's
principal residence; to the Committee on Ways and Means.
By Mr. ARCHER (for himself, Mr. Crane, Mr. Thomas of California, Mr.
Shaw, Mr. Sundquist, Mrs. Johnson of Connecticut, Mr. Houghton, Mr.
Herger, Mr. McCrery, Mr. Hancock, Mr. Camp, and Mr. Zimmer), [26JA]
Cosponsors added, [14AP], [28AP], [5MY], [18MY], [26MY], [22JN],
[20JY], [5AU], [10AU], [11AU], [28SE], [7OC]
H.R. 3740--
A bill to extend and revise the authority to award endowment grants to
Howard University, and for other purposes; to the Committee on
Education and Labor.
By Mr. CLAY, [26JA]
H.R. 3741--
A bill to prohibit rental car companies from imposing liability on
renters with certain exceptions, to prohibit such companies from
selling collision damage waivers in connection with private
passenger automobile rental agreements of not more than 30 days, and
for other purposes; to the Committee on Energy and Commerce.
By Mrs. COLLINS of Illinois, [26JA]
H.R. 3742--
A bill to establish a commission to design a plan for transition from
certain welfare, job training, and child care programs to new
programs providing temporary financial aid and assistance in
locating permanent employment; jointly, to the Committees on Ways
and Means; Agriculture; Education and Labor.
By Mr. FINGERHUT, [26JA]
H.R. 3743--
A bill to provide for payments to individuals who were the subjects of
radiation experiments conducted by the Federal Government; to the
Committee on the Judiciary.
By Mr. FROST, [26JA]
Cosponsors added, [2MR]
H.R. 3744--
A bill to amend the United Nations Participation Act of 1945 to
facilitate coordination between the executive and legislative
branches of Government regarding United States participation in, or
the use of United States funds for, United Nations peacekeeping
activities; jointly, to the Committees on Foreign Affairs; Armed
Services; Intelligence.
By Mr. HYDE (for himself, Mr. Spence, Mr. Combest, Ms. Snowe, and Mr.
Rogers), [26JA]
Cosponsors added, [18AP], [8JN]
H.R. 3745--
A bill to authorize the Secretary of Health and Human Services to award
a grant for the establishment of the National Center for Sickle Cell
Disease Research, and for other purposes; to the Committee on Energy
and Commerce.
By Mr. JEFFERSON (for himself and Mr. Fields of Louisiana), [26JA]
Cosponsors added, [9MR], [16MR], [13AP], [4OC]
H.R. 3746--
A bill to authorize the Director of the Bureau of Justice Assistance to
approve local programs that exchange merchandise vouchers for
firearms and make grants to the programs, to amend title 18, United
States Code, to provide amnesty for individuals who surrender
firearms under the programs, and to amend the Internal Revenue Code
of 1986 to allow tax deductions for taxpayers who donate merchandise
vouchers for use in the programs; jointly, to the Committees on the
Judiciary; Ways and Means.
By Mr. KLEIN, [26JA]
Cosponsors added, [2FE]
H.R. 3747--
A bill to permit marine port authorities to establish guidelines for the
shipment of certain materials in a manner that protects the public
health and safety and the environment; jointly, to the Committees on
Public Works and Transportation; Merchant Marine and Fisheries;
Energy and Commerce; Education and Labor.
By Mr. KREIDLER (for himself and Mr. Dicks), [26JA]
Cosponsors added, [7OC]
H.R. 3748--
A bill to provide an enhanced framework for Federal financial
institution regulation of derivatives activities; jointly, to the
Committees on Banking, Finance and Urban Affairs; Energy and
Commerce; Agriculture.
By Mr. LEACH, [26JA]
H.R. 3749--
A bill to extend the authorities of the Fair Trade in Auto Parts Act of
1988; jointly, to the Committees on Foreign Affairs; Ways and Means;
Energy and Commerce.
By Mr. LEVIN, [26JA]
H.R. 3750--
A bill to provide for nuclear disarmament and economic conversion in
accordance with District of Columbia Initiative Measure No. 37 of
1993; jointly, to the Committees on Foreign Affairs; Armed Services.
By Ms. NORTON, [26JA]
Cosponsors added, [23MR], [5MY], [12JY], [19SE]
H.R. 3751--
A bill to establish a Meat, Poultry, and Eggs Inspection Agency to
administer the Federal Meat Inspection Act, the Poultry Products
Inspection Act, and the Egg Products Inspection Act, to expand the
application of these acts, to provide for the establishment of safe
cooking standards for meat and poultry products, and to improve
scientific research and understanding of foodborne illnesses;
jointly, to the Committees on Agriculture; Energy and Commerce.
By Mr. TORRICELLI, [26JA]
Cosponsors added, [16MR], [3AU]
H.R. 3752--
A bill to amend section 410(b)(1)(A) of the Controlled Substances Act,
to provide a mandatory term of life imprisonment without release,
probation, parole, or suspension of sentencing for drug felons and
violent criminals convicted a third time; jointly, to the Committees
on the Judiciary; Energy and Commerce.
By Mr. VOLKMER, [26JA]
H.R. 3753--
A bill for the relief of Thomas R. Dahlberg; to the Committee on the
Judiciary.
By Mr. MURPHY, [26JA]
H.R. 3754--
A bill to amend the Adult Education Act to allow for the education of
eligible adults; to the Committee on Education and Labor.
By Ms. ROYBAL-ALLARD, [1FE]
H.R. 3755--
A bill to amend the Internal Revenue Code of 1986 to provide that all
highway fuel tax revenues shall be deposited into the highway trust
fund and that for a temporary period the increased deposits will be
used for the transportation needs of areas affected by disasters,
and for other purposes; jointly, to the Committees on Public Works
and Transportation; Ways and Means.
By Mr. BAKER of California (for himself, Mr. Dornan, and Mr. Boehner)
TI deg.A bill to amend the Internal Revenue Code of 1986 to
provide that all highway fuel tax revenues shall be deposited into
the highway trust fund and that for a temporary period the increased
deposits will be used for the transportation needs of areas affected
by disasters, and for other purposes; jointly, to the Committees on
Public Works and Transportation; Ways and Means., [1FE]
Cosponsors added, [3FE], [22FE]
Cosponsors removed, [25MY]
H.R. 3756--
A bill to encourage private insurance against earthquakes by making
earthquake insurance premiums tax deductible; to the Committee on
Ways and Means.
By Mr. COX, [1FE]
Cosponsors added, [6OC]
H.R. 3757--
A bill to amend the Internal Revenue Code of 1986 to provide that a
taxpayer may elect to include in income crop insurance proceeds and
disaster payments in the year of the disaster or in the following
year; to the Committee on Ways and Means.
By Mr. MINGE (for himself, Mr. Johnson of South Dakota, Mr. Grandy,
Mr. Roberts, Mr. Hoagland, Mr. Peterson of Minnesota, Mr. Obey, Mr.
Costello, Mr. Skelton, Mr. Emerson, Ms. Danner, Mr. Leach, Mr.
Glickman, Mr. Bereuter, Mr. Barrett of Nebraska, Mr. Pomeroy, Mr.
Slattery, Mr. Manzullo, Mr. Ewing, Mr. Evans, Mr. Lightfoot, and Ms.
Long, [1FE]
Cosponsors added, [3FE], [8FE], [9FE], [23FE], [2MR]
H.R. 3758--
A bill to amend the Internal Revenue Code of 1986 to allow reservists
called to active duty for certain purposes to make penalty-free
withdrawals from certain retirement plans to the extent of lost
income while on active duty; to the Committee on Ways and Means.
By Mr. WALKER, [1FE]
H.R. 3759--
A bill making emergency supplemental appropriations for the fiscal year
ending September 30, 1994, and for other purposes
By Mr. NATCHER, [2FE]
Provided for consideration (H. Res. 336), [2FE]
Reported (H. Rept. 103-415), [1FE]
Passed House amended, [3FE]
Passed Senate amended, [10FE]
Senate insisted on its amendment and asked for a conference, [10FE]
House disagreed to Senate amendment and agreed to a conference, [10FE]
Conference report (H. Rept. 103-424) submitted in the House, [11FE]
House agreed to conference report, [11FE]
Senate agreed to conference report, [11FE]
Presented to the President (February 12, 1994)
Approved [Public Law 103-211] (signed February 12, 1994)
H.R. 3760--
A bill for the relief of Kirsten T. Jorgensen; to the Committee on the
Judiciary.
By Mr. GREENWOOD, [2FE]
H.R. 3761--
A bill to amend the Internal Revenue Code of 1986 to permit individual
retirement accounts
[[Page 2604]]
to be used as security for certain business loans; to the Committee
on Ways and Means.
By Ms. BYRNE, [2FE]
Cosponsors added, [18MY]
H.R. 3762--
A bill to amend the Internal Revenue Code of 1986 to permit the penalty-
free withdrawal of amounts in retirement plans to pay for disaster-
related expenses; to the Committee on Ways and Means.
By Mr. GALLEGLY, [2FE]
Cosponsors added, [23FE], [8MR], [16MR], [20MY], [13JN], [15JN],
[17JN], [19JY], [3AU], [8AU], [10AU], [18AU]
H.R. 3763--
A bill to clarify the scope of the Gun-Free School Zones Act of 1990; to
the Committee on the Judiciary.
By Mr. GLICKMAN, [2FE]
H.R. 3764--
A bill to abolish the ex officio positions on the Federal Election
Commission; to the Committee on House Administration.
By Mr. LIVINGSTON (for himself, Ms. Dunn, and Mr. Baker of Louisiana),
[2FE]
H.R. 3765--
A bill to repeal the Foreign Assistance Act of 1961 and provide a policy
framework and authorities for programs to promote the prosperity and
security of the United States by supporting bilateral, multilateral,
and people-to-people partnerships for the advancement of market
economies and democracy; to the Committee on Foreign Affairs.
By Mr. HAMILTON (for himself and Mr. Gilman) (both by request), [2FE]
Cosponsors added, [25MY], [8JN]
H.R. 3766--
A bill to prohibit any Federal department or agency from requiring any
State, or political subdivision thereof, to convert highway signs to
metric units; to the Committee on Public Works and Transportation.
By Mr. ROBERTS, [2FE]
Cosponsors added, [24MY], [2AU]
H.R. 3767--
A bill to improve and simplify the HOME Investment Partnerships Program,
and for other purposes; to the Committee on Banking, Finance and
Urban Affairs.
By Mrs. ROUKEMA, [2FE]
H.R. 3768--
A bill to transfer the emergency food and shelter program for the
homeless of the Federal Emergency Management Agency to the
Department of Housing and Urban Development and to provide funding
to States, metropolitan cities, urban counties, and Indian tribes on
a formula grant basis for housing and related activities for the
homeless in order to give grantees maximum flexibility to meet the
needs of the homeless and to improve the efficiency and
effectiveness of the homeless housing assistance programs under the
Stewart B. McKenney Homeless Assistance Act, and for other purposes;
to the Committee on Banking, Finance and Urban Affairs.
By Mrs. ROUKEMA (for herself and Mr. Ridge), [2FE]
H.R. 3769--
A bill to promote the construction in the United States of modern,
efficient document vessels suitable for commercial and national
defense purposes; to strengthen the defense industrial base, and for
other purposes; to the Committee on Merchant Marine and Fisheries.
By Ms. SCHENK (for herself, Mr. Andrews of Maine, Mr. Dellums, Mr.
Filner, Mr. Hochbrueckner, Mr. Hunter, Mr. Lipinski, Mr. Studds, Mr.
Taylor of Mississippi, and Mr. Traficant), [2FE]
Cosponsors added, [7MR], [26MY], [18JY], [25JY]
H.R. 3770--
A bill to designate the United States courthouse located at 940 Front
Street in San Diego, CA, and the Federal building attached to the
courthouse as the ``Edward J. Schwartz Courthouse and Federal
Building''; to the Committee on Public Works and Transportation.
By Ms. SCHENK, [2FE]
Reported (H. Rept. 103-457), [24MR]
Considered under suspension of the Rules, [12AP]
Rules suspended. Passed House, [13AP]
Passed Senate, [15JY]
Presented to the President (July 21, 1994)
Approved [Public Law 103-288] (signed August 1, 1994)
H.R. 3771--
A bill to amend the Internal Revenue Code of 1986 to provide tax
incentives for businesses participating in gun exchange programs,
and for other purposes; jointly, to the Committees on Ways and
Means; the Judiciary.
By Mr. SCHUMER, [2FE]
Cosponsors added, [10FE], [28FE], [15MR], [14AP], [3MY], [26MY],
[13JY]
H.R. 3772--
A bill to amend the Agricultural Trade Act of 1978 to repeal the market
promotion program of the Department of Agriculture; to the Committee
on Agriculture.
By Mr. INGLIS of South Carolina, [2FE]
Cosponsors added, [19JY], [1AU]
H.R. 3773--
A bill to amend the Rural Electrification Act of 1936 to return the
Rural Electrification Administration to its original mission of
providing credit to rural electric cooperatives which are unable to
obtain needed financing in the private sector; to the Committee on
Agriculture.
By Mr. INGLIS of South Carolina, [2FE]
Cosponsors added, [1AU]
H.R. 3774--
A bill to repeal the Davis-Bacon Act; to the Committee on Education and
Labor.
By Mr. INGLIS of South Carolina, [2FE]
Cosponsors added, [28AP], [1AU]
H.R. 3775--
A bill to achieve budget savings by reducing spending by the Agency for
International Development for development assistance; to the
Committee on Foreign Affairs.
By Mr. INGLIS of South Carolina, [2FE]
Cosponsors added, [28AP], [1AU]
H.R. 3776--
A bill to reduce the Speaker of the House's spending on salaries and
expenses; to the Committee on House Administration.
By Mr. INGLIS of South Carolina, [2FE]
H.R. 3777--
A bill to terminate funds for the Office of Technology Assessment; to
the Committee on House Administration.
By Mr. INGLIS of South Carolina, [2FE]
Cosponsors added, [28AP], [1AU]
H.R. 3778--
A bill to terminate funds for congressional parking attendants and to
charge for parking; to the Committee on House Administration.
By Mr. INGLIS of South Carolina, [2FE]
Cosponsors added, [28AP], [1AU]
H.R. 3779--
A bill to end the purchase of House calendars and for other purposes; to
the Committee on House Administration.
By Mr. INGLIS of South Carolina, [2FE]
Cosponsors added, [27JY], [1AU]
H.R. 3780--
A bill to direct the President to develop a plan for transferring all
real property, facilities, and equipment of the Federal Power
Marketing Administration to public and private entities, and for
other purposes; to the Committee on Natural Resources.
By Mr. INGLIS of South Carolina, [2FE]
Cosponsors added, [28AP], [22JY], [28JY], [1AU]
H.R. 3781--
A bill to amend the Intermodal Surface Transportation Efficiency Act of
1991 to eliminate funding for highway demonstration projects; to the
Committee on Public Works and Transportation.
By Mr. INGLIS of South Carolina, [2FE]
Cosponsors added, [28AP]
H.R. 3782--
A bill to establish the Department of Energy Facilities Closure and
Reconfiguration Commission, and for other purposes; jointly, to the
Committees on Energy and Commerce; Armed Services; Science, Space,
and Technology; Rules.
By Mr. KREIDLER, [2FE]
Cosponsors added, [17AU]
H.R. 3783--
A bill to amend the Public Health Service Act to provide a comprehensive
program for the prevention of fetal alcohol syndrome, and for other
purposes; to the Committee on Energy and Commerce.
By Mr. RICHARDSON (for himself, Mr. Kennedy, Mrs. Morella, Mr. Synar,
Mr. Bereuter, and Mr. Moran), [2FE]
Cosponsors added, [9FE], [23FE], [24MR], [20MY]
H.R. 3784--
A bill to provide for compensation to owners of property substantially
diminished in value as a consequence of a final decision of any U.S.
agency; to the Committee on the Judiciary.
By Mr. SMITH of Texas, [2FE]
Cosponsors added, [19AP], [4MY]
H.R. 3785--
A bill to provide for the establishment of the Interactive Entertainment
Rating Commission, and for other purposes; jointly, to the
Committees on Energy and Commerce; the Judiciary.
By Mr. LANTOS, [3FE]
Cosponsors added, [8FE], [16MR], [23MR], [18AP], [12MY], [25MY],
[22JN]
H.R. 3786--
A bill to amend title 46, United States Code, to establish requirements
to ensure safe operation of recreational vessels, to require
allocation of State recreational boating safety assistance based on
State adoption laws regarding boating while intoxicated, and for
other purposes; to the Committee on Merchant Marine and Fisheries.
By Mr. TAUZIN (for himself, Mr. Studds, Mr. Fields of Texas, Mr.
Coble, Mr. Lipinski, Mr. Ortiz, Mr. Manton, Mr. Laughlin, and Mr.
Pickett), [3FE]
Cosponsors added, [10MR]
Reported (H. Rept. 103-445), [21MR]
Rules suspended. Passed House amended, [21MR]
H.R. 3787--
A bill to amend the formula for determining the official mail allowance
for Members of the House of Representatives; to amend the provisions
of title 39, United States Code, relating to the franking privilege
for Members of Congress and provide that the provisions of law
preventing Members from sending mass mailings within the 60-day
period immediately before an election be expanded so as to prevent
Members from mailing any unsolicited franked mail within that
period; and for other purposes; jointly, to the Committees on Post
Office and Civil Service; House Administration.
By Mr. BLUTE (for himself, Mr. Bachus of Alabama, Mr. Horn, Mr. Smith
of Michigan, Mr. Jacobs, Mr. Greenwood, Mr. Ewing, Mr. Canady, Mr.
Torkildsen, and Mr. Quinn), [3FE]
Cosponsors added, [22FE], [24FE], [3MR], [12AP], [2MY], [8JN], [22SE]
H.R. 3788--
A bill to amend title II of the Social Security Act to make it clear
that States and local governments may not tax Social Security
benefits; jointly, to the Committees on Ways and Means; the
Judiciary.
By Mr. DOOLITTLE, [3FE]
H.R. 3789--
A bill to terminate Federal programs that are not reauthorized by the
Congress; jointly, to the Committees on Rules; Government
Operations; Ways and Means.
By Mr. GRAMS (for himself, Mr. Walker, Mr. Armey, Mr. Hutchinson, Mr.
Bartlett of Maryland, Mr. Doolittle, Mr. Rohrabacher, Mr. Calvert,
Mr. Linder, Mr. Knollenberg, Mr. Duncan, Mr. Gilchrest, and Mr. Sam
Johnson), [3FE]
Cosponsors added, [8FE], [9FE], [23FE], [13AP]
H.R. 3790--
A bill to protect rural electric borrowers; to the Committee on
Agriculture.
By Ms. LONG (for herself, Mr. Skelton and Mr. Gunderson), [3FE]
Cosponsors added, [8FE], [1MR], [11MR], [23MR], [13AP], [18AP],
[26AP], [28AP], [3MY], [5MY], [10MY], [11MY], [17MY], [20MY], [8JN],
[20SE]
Cosponsors removed, [25MY]
H.R. 3791--
A bill to amend the Internal Revenue Code of 1986 to provide an
exemption from the gas guzzler tax for automobiles that are
lengthened by certain small manufacturers; to the Committee on Ways
and Means.
By Mr. JEFFERSON, [3FE]
Cosponsors added, [13AP], [16MY], [26JY]
H.R. 3792--
A bill to provide that a nongovernnmental person may use a private
express for the private carriage of certain letters and packets
without being penalized by the Postal Service, and for other
purposes; to the Committee on Post Office and Civil Service.
[[Page 2605]]
By Mr. QUILLEN, [3FE]
H.R. 3793--
A bill to provide for the Secretary of Housing and Urban Development to
make grants for economic development activities in connection with
loan guarantees under section 108 of the Housing and Community
Development Act of 1974 to enhance the security of such loans and
improve the viability of projects financed with such loans, and for
other purposes; to the Committee on Banking, Finance and Urban
Affairs.
By Mr. RIDGE, [3FE]
H.R. 3794--
A bill to defer temporarily the deadline for compliance with
conservation plans for certain highly erodible cropland due to
damage to such land caused by damaging weather or related condition;
to the Committee on Agriculture.
By Mr. ROBERTS (for himself, Mr. Emerson, Mr. Dooley, Mr. Smith of
Oregon, Mr. Gunderson, Mr. Boehner, Mr. Bereuter, Mr. Barrett of
Nebraska, Mr. Ewing, Mr. Camp, and Mr. Oxley), [3FE]
Cosponsors added, [10MR], [12AP], [2AU]
H.R. 3795--
A bill to amend title II of the Social Security Act to provide enhanced
sentences for Social Security fraud in connection with illegal
immigration; to the Committee on Ways and Means.
By Mr. FRANKS of New Jersey, [3FE]
Cosponsors added, [24FE], [1MR], [8MR], [18MR], [24MR], [13AP],
[11MY], [27JN], [29JN], [12JY], [19JY], [4AU], [19AU], [16SE],
[20SE], [27SE], [6OC]
H.R. 3796--
A bill to provide that a person may use a private express for the
private carriage of certain letters and packets without being
penalized by the Postal Service, and for other purposes; jointly, to
the Committee on Post Office and Civil Service; the Judiciary.
By Mr. FRANKS of New Jersey (for himself, Mr. Upton, Mr. DeLay, Mr.
Armey, Mr. Bachus of Alabama, Mr. Baker of California, Mr. Bartlett
of Maryland, Mr. Boehner, Mr. Burton of Indiana, Mr. Calvert, Mr.
Canady, Mr. Doolittle, Mr. Dornan, Mr. Ewing, Mr. Goss, Mr.
Gunderson, Mr. Hobson, Mr. Huffington, Mr. Kim, Mr. Lewis of
Florida, and Mr. Rohrabacher), [3FE]
Cosponsors added, [8MR], [17MR], [24MR], [13AP], [28AP], [20MY]
H.R. 3797--
A bill to transfer certain administrative functions of the Department of
the Interior relating to the U.S. territories to the Department of
Commerce; to the Committee on Natural Resources.
By Mr. GALLEGLY, [3FE]
Cosponsors added, [24FE], [3MR], [16MR], [13AP], [21AP], [11MY],
[19MY], [28JN], [22JY], [19AU]
H.R. 3798--
A bill to amend the Head Start Act to make quality improvements in Head
Start by enhancing parental involvement and providing family
literacy services; and for other purposes; to the Committee on
Education and Labor.
By Mr. GOODLING (for himself, Ms. Molinari, Mr. Barrett of Nebraska,
Mr. Miller of Florida, Mr. Castle, Mr. Fawell, and Mr. Petri), [3FE]
H.R. 3799--
A bill to facilitate recovery from the recent earthquakes in California
by providing greater flexibility for depository institutions and
their regulators, and for other purposes; jointly, to the Committees
on Banking, Finance and Urban Affairs; the Judiciary.
By Mr. GRAMS (for himself, Mr. Dooley, Mr. McCandless, Mr. Huffington,
Mr. Cox, Mr. Calvert, Mr. McKeon, Mr. Gallegly, and Mr. McCollum),
[3FE]
Cosponsors added, [8FE]
H.R. 3800--
A bill to amend the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, and for other purposes; divided and
referred as follows--titles I through VII jointly, to the Committees
on Energy and Commerce; Public Works and Transportation and title IX
to the Committee on Ways and Means.
By Mr. SWIFT (for himself (by request), Mr. Dingell, Mr. Mineta, Mr.
Rostenkowski, and Mr. Applegate), [3FE]
Reported from the Committee on Energy and Commerce with amendment (H.
Rept. 103-582, part 1), [30JN]
Reported from the Committee on Public Works and Transportation with
amendment (H. Rept. 103-582, part 2), [8AU]
Reported from the Committee on Ways and Means with amendment (H. Rept.
103-582, part 3), [26AU]
H.R. 3801--
A bill to improve the operations of the legislative branch of the
Federal Government; and for other purposes; jointly, to the
Committees on Rules; House Administration; Government Operations.
By Mr. HAMILTON, [3FE]
H.R. 3802--
A bill to improve that cost-of-living adjustments to payments made under
Federal law shall be determined using a new price index which does
not take into account tobacco products and distilled spirits;
jointly, to the Committees on Ways and Means; Post Office and Civil
Service; Energy and Commerce; Armed Services.
By Mr. SMITH of Michigan, [3FE]
Cosponsors added, [8FE], [10MR]
H.R. 3803--
A bill to amend the Internal Revenue Code of 1986 and the Social
Security Act to reduce Social Security taxes and to provide for
Social Security individual retirement accounts funded by Social
Security payroll deductions; jointly to the Committees on Ways and
Means; Education and Labor.
By Mr. THOMAS of California, [3FE]
H.R. 3804--
A bill to amend the Public Health Service Act to revise and extend
programs relating to the health of individuals who are members of
minority groups, and for other purposes; to the Committee on Energy
and Commerce.
By Mr. WAXMAN, [3FE]
H.R. 3805--
A bill to authorize matching funds for State and local firearm buy-back
programs; to the Committee on the Judiciary.
By Mr. WELDON (for himself and Mr. Holden), [3FE]
Cosponsors added, [21MR]
H.R. 3806--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the fisheries for the vessel Ab-Original; to the
Committee on Merchant Marine and Fisheries.
By Mr. REED, [3FE]
H.R. 3807--
A bill to require the Secretary of Commerce to convey to the
Commonwealth of Massachusetts the National Marine Fisheries Service
laboratory located on Emerson Avenue in Gloucester, MA; to the
Committee on Merchant Marine and Fisheries.
By Mr. STUDDS (for himself and Mr. Torkildsen), [8FE]
H.R. 3808--
A bill to amend title 38, United States Code, to ensure that the
Secretary of Veterans Affairs has the necessary authority and
flexibility to provide staffing levels for the Veterans Health
Administration of the Department of Veterans Affairs as necessary to
meet the responsibility of the United States to provide health care
services to eligible veterans and to permit implementation of
national health care reform by the Department; to the Committee on
Veterans' Affairs.
By Mr. MONTGOMERY, [8FE]
Cosponsors added, [9FE], [10FE], [2MR], [3MR], [16MR], [17MR]
H.R. 3809--
A bill to revise, codify, and enact without substantive change certain
general and permanent laws, related to aliens and nationality, as
title 8, United States Code, ``Aliens and Nationality''; to the
Committee on the Judiciary.
By Mr. BROOKS, [8FE]
H.R. 3810--
A bill to amend the Federal Water Pollution Control Act to provide
additional assistance to rural and disadvantaged communities under
the State water pollution control revolving loan fund program, and
for other purposes; to the Committee on Public Works and
Transportation.
By Mr. CHAPMAN (for himself, Mr. Frost, Mr. Baesler, Mr. Barlow, Mr.
Boucher, Mr. Bereuter, Ms. Lambert, Mr. Wilson, and Mr. Sarpalius),
[8FE]
Cosponsors added, [23FE], [3MR], [21MR], [26AP]
H.R. 3811--
A bill to amend the Internal Revenue Code of 1986 to allow the casualty
loss deduction for disaster losses without regard to the 10-percent
adjusted gross income floor; to the Committee on Ways and Means.
By Mr. BERMAN (for himself, Mr. McKeon, Mr. Beilenson, Mr. Gallegly,
Mr. Waxman, Mr. Moorhead, Mr. Matsui, and Mr. Dixon), [8FE]
Cosponsors added, [17MR], [14AP], [19AP], [20AP], [28AP], [4MY],
[5MY], [12MY], [21JY]
H.R. 3812--
A bill to require immediate action to remove sunken or grounded vessels
that obstruct navigable waterways; to the Committee on Public Works
and Transportation.
By Mr. FIELDS of Texas (for himself and Mr. Laughlin), [8FE]
Cosponsors added, [19AP], [12MY], [13JN], [18AU]
H.R. 3813--
A bill to amend the Export Enhancement Act of 1988 to promote further
United States exports of environmental technologies, goods, and
services; to the Committee on Foreign Affairs.
By Mr. GEJDENSON (for himself, Mr. Studds, Ms. Furse, Ms. Cantwell,
Mr. Roth, and Mr. Meyers of Kansas), [8FE]
Reported with amendments (H. Rept. 103-478), [18AP]
Considered, [18AP]
Rules suspended. Passed House amended, [19AP]
H.R. 3814--
A bill to amend title II of the Social Security Act to institute certain
reforms relating to the provision of disability insurance benefits
based on substance abuse and relating to representative payees, and
for other purposes; to the Committee on Ways and Means.
By Mr. GEKAS (for himself, Mr. Thomas of California, and Mr. Roth),
[8FE]
Cosponsors added, [10FE], [23FE], [2MR], [11MR], [22MR], [26AP],
[19JY], [29JY], [4AU]
H.R. 3815--
A bill to authorize the Secretary of Transportation to convey a vessel
in the National Defense Reserve Fleet to a nonprofit organization;
to the Committee on Merchant Marine and Fisheries.
By Mr. GILCHREST (for himself and Mrs. Bentley), [8FE]
H.R. 3816--
A bill to provide grants to the States to allow States to employ
additional prosecutors; to the Committee on the Judiciary.
By Mrs. KENNELLY, [8FE]
H.R. 3817--
A bill to amend the Fishermen's Protective Act; to the Committee on
Merchant Marine and Fisheries.
By Mr. MANTON (for himself, Mr. Studds, and Mr. Young of Alaska),
[8FE]
Reported with amendments (H. Rept. 103-585), [12JY]
Rules suspended. Passed House amended, [12JY]
H.R. 3818--
A bill to establish a Middle East Development Initiative to provide
development assistance to countries in the Middle East region for
the purpose of promoting the peace process in that region; to the
Committee on Foreign Affairs.
By Mr. PENNY, [8FE]
Cosponsors added, [14AP], [9MY]
H.R. 3819--
A bill to terminate the North American Free Trade Agreement as it
applies to Canada and the United States-Canada Free-Trade Agreement
and to impose additional duties on grain imported from Canada, until
the United States and Canada renegotiate the provisions of the
agreements regarding the importation of Canadian grain; to the
Committee on Ways and Means.
By Mr. POMEROY (for himself, Mr. Williams, and Mr. Peterson of
Minnesota), [8FE]
H.R. 3820--
A bill to require the Secretary of the Treasury to mint coins in
commemoration of the 50th anniversary of the signing of the World
War II peace accords on September 2, 1945; to the Committee on
Banking, Finance and Urban Affairs.
By Mr. SMITH of Texas (for himself, Mr. Pickle, and Mr. Montgomery),
[8FE]
Cosponsors added, [28FE], [18AP], [28AP], [4MY], [11MY], [12MY],
[17MY], [18MY], [19MY], [23MY], [25MY], [26MY], [16JN], [27JN],
[29JN], [14JY], [26JY], [3AU], [10AU]
[[Page 2606]]
H.R. 3821--
A bill to promote construction and operation of passenger vessels in the
United States, and for other purposes; jointly, to the Committees on
Merchant Marine and Fisheries; Natural Resources.
By Mrs. UNSOELD (for herself, Mr. Studds, Mr. Lipinski, Mr. Dicks, Ms.
Cantwell, Ms. Dunn, Mr. Kreidler, Mr. Swift, Mr. Manton, Mr. Borski,
Mr. Hoyer, Mr. Cunningham, and Mr. Johnson of South Dakota), [9FE]
Cosponsors added, [20AP], [26MY]
H.R. 3822--
A bill to amend the Merchant Marine Act of 1936, and the Internal
Revenue Code of 1986 to promote construction and operation of
passenger vessels in the United States, and for other purposes;
jointly, to the Committees on Merchant Marine and Fisheries; Ways
and Means.
By Mrs. UNSOELD (for herself, Mr. Studds, Mr. Lipinski, Mr. Dicks, Ms.
Cantwell, Ms. Dunn, Mr. Kreidler, Mr. Swift, Mr. Manton, Mr. Borski,
Mr. Hoyer, Mr. Cunningham, and Mr. Johnson of South Dakota), [9FE]
Cosponsors added, [20AP], [26MY]
H.R. 3823--
A bill to provide for the establishment of a uniform standard of need
under the program of aid to families with dependent children; to the
Committee on Ways and Means.
By Mr. BARCA of Wisconsin (for himself, Mr. Barcia of Michigan, and
Mr. Barrett of Wisconsin), [9FE]
H.R. 3824--
A bill to amend the Agricultural Adjustment Act of 1938 to revise the
reserve stock level for burley tobacco, to increase the amount of
scrap tobacco permitted to be marketed, and to authorize the lease
and transfer of burley tobacco quotas between farms in adjacent
counties in the State of Virginia under certain circumstances; to
the Committee on Agriculture.
By Mr. BOUCHER, [9FE]
H.R. 3825--
A bill to amend the Revised Organic Act of the Virgin Islands to
authorize the legislature of the Virgin Islands to create municipal
governments; to the Committee on Natural Resources.
By Mr. de LUGO, [9FE]
H.R. 3826--
A bill to amend title III of the Job Training Partnership Act to provide
employment and training assistance for certain individuals who work
at or live in the community of a plant, facility, or enterprise that
is scheduled to close or undergo significant layoffs, and for other
purposes; to the Committee on Education and Labor.
By Mr. GEJDENSON, [9FE]
H.R. 3827--
A bill to amend title 18, United States Code, to deny convicted felons
and other individuals the opportunity to seek administrative relief
from prohibitions against possessing, shipping, transporting, or
receiving firearms or ammunition, and to eliminate the authority of
the Federal courts to admit additional evidence in reviewing denials
of such administrative relief for other persons; to the Committee on
the Judiciary.
By Ms. HARMAN (for herself, Mr. Bateman, Mr. Berman, Mr. Evans, Mr.
Levy, and Ms. Schenk), [9FE]
Cosponsors added, [10FE], [28FE], [24MR], [25MY], [13JY]
H.R. 3828--
A bill to amend the Internal Revenue Code of 1986 to allow employers the
targeted jobs credit for hiring individuals who have received, or
were eligible to receive, unemployment compensation covering at
least 90 days; to the Committee on Ways and Means.
By Mr. HEFLEY, [9FE]
H.R. 3829--
A bill to require the Secretary of Agriculture to make emergency crop
loss assistance available to agricultural producers to cover
production losses incurred in the 1992 through 1995 crop years as a
result of the destruction of papaya, banana, and other fruit-bearing
trees by Hurricanes Andrew and Iniki and Typhoon Omar; to the
Committee on Agriculture.
By Mrs. MINK of Hawaii, [9FE]
H.R. 3830--
A bill to amend title 5, United States Code, to provide that five
additional points be granted, on the examination for entrance into
the competitive service, to certain veterans who do not currently
qualify for any such additional points; to the Committee on Post
Office and Civil Service.
By Mr. PETERSON of Florida (for himself, Mrs. Schroeder, Mr. Bishop,
Mrs. Fowler, Mr. Jefferson, Mrs. Thurman, and Mrs. Unsoeld), [9FE]
Cosponsors added, [8MR], [16MR], [14AP], [20AP], [17MY], [14JY]
H.R. 3831--
A bill to authorize and direct the transfer of certain lands on the
Island of Vieques, PR, to the Municipality of Vieques, and for other
purposes; jointly, to the Committees on Armed Services; Natural
Resources.
By Mr. ROMERO-BARCELO (for himself, Mr. de Lugo, Mr. Gallegly, Mr.
Murphy, Mr. Underwood, and Mr. Faleomavaega), [9FE]
Cosponsors added, [24MR], [28AP]
H.R. 3832--
A bill to amend the Internal Revenue Code of 1986 to allow certain
corporations and certain trusts to be shareholders of subchapter S
corporations; to the Committee on Ways and Means.
By Mr. SENSENBRENNER (by request), [9FE]
H.R. 3833--
A bill to provide for the expeditious start of emergency repair work on
the Crooked River Project, Ochoco Dam, OR; to the Committee on
Natural Resources.
By Mr. SMITH of Oregon, [9FE]
H.R. 3834--
A bill to amend the independent counsel provisions of title 28, United
States Code, to authorize the appointment of an independent counsel
when the Attorney General determines that Department of Justice
attorneys have engaged in certain conduct; to the Committee on the
Judiciary.
By Mr. TRAFICANT, [9FE]
H.R. 3835--
A bill to establish a national advisory referendum on limiting the terms
of Members of Congress at the general election of 1994; to the
Committee on House Administration.
By Mr. HOEKSTRA, [9FE]
Cosponsors added, [17MR], [18AP], [28AP], [10JN], [24JN], [4AU],
[13SE]
H.R. 3836--
A bill to amend the Fair Debt Collection Practices Act to exempt from
the requirements of the act Government agencies, attorneys, and
private child support enforcement agencies who are engaged in the
collection of child support due under a court order, and for other
purposes; to the Committee on Banking, Finance and Urban Affairs.
By Mr. SANTORUM (for himself, Mr. Camp, Mr. Grandy, and Mr.
Sundquist), [9FE]
H.R. 3837--
A bill for the relief of Ulrike Sanders; to the Committee on the
Judiciary.
By Mr. VOLKMER, [9FE]
H.R. 3838--
A bill to amend and extend certain laws relating to housing and
community development, and for other purposes; to the Committee on
Banking, Finance and Urban Affairs.
By Mr. GONZALEZ (for himself, Mrs. Roukema, Mr. Neal of North
Carolina, Mr. LaFalce, Mr. Vento, Mr. Frank of Massachusetts, Mr.
Kanjorski, Mr. Kennedy, Mr. Flake, Mr. Mfume, Ms. Waters, Mr.
Bacchus of Florida, Mr. Klein, Mr. Deutsch, Mr. Gutierrez, Mr. Rush,
Ms. Velazquez, Mr. Wynn, Mr. Fields of Louisiana, Mr. Watt, Mr.
Hinchey, and Ms. Furse), [10FE]
Cosponsors added, [2MR], [13AP], [23MY], [10JN]
Reported with amendment (H. Rept. 103-607), [15JY]
Passed House amended, [22JY]
H.R. 3839--
A bill to designate the U.S. post office located at 220 South 40th
Avenue in Hattiesburg, MS, as the ``Roy M. Wheat Post Office''; to
the Committee on Post Office and Civil Service.
By Mr. TAYLOR of Mississippi (for himself, Mr. Parker, and Mr.
Montgomery), [10FE]
Rules suspended. Passed House amended, [23MY]
Passed Senate, [27SE]
Presented to the President (September 29, 1994)
Approved [Public Law 103-341] (signed October 6, 1994)
H.R. 3840--
A bill to designate the Federal building and U.S. courthouse located at
100 East Houston Street in Marshall, TX, as the ``Sam B. Hall, Jr.
Federal Building and United States Courthouse''; to the Committee on
Public Works and Transportation.
By Mr. CHAPMAN, [10FE]
Cosponsors added, [3MR], [10MR]
Reported (H. Rept. 103-514), [19MY]
Rules suspended. Passed House, [23MY]
Passed Senate, [15JY]
Presented to the President (July 21, 1994)
Approved [Public Law 103-289] (signed August 1, 1994)
H.R. 3841--
A bill to amend the Bank Holding Company Act of 1956, the Revised
Statutes of the United States, and the Federal Deposit Insurance Act
to provide for interstate banking and branching; to the Committee on
Banking, Finance and Urban Affairs.
By Mr. NEAL of North Carolina (for himself, Mr. McCollum, Mr. LaFalce,
Mr. Vento, Mr. Schumer, Mr. Frank of Massachusetts, Mr. Kanjorski,
Mr. Kennedy, Mr. Flake, Mr. Mfume, Mr. LaRocco, Mr. Orton, Mr.
Klein, Mrs. Maloney, Ms. Pryce of Ohio, Mr. Linder, Mr. Lazio, Mr.
Bachus of Alabama, Mrs. Roukema, Mr. McCandless, and Mr. King),
[10FE]
Cosponsors added, [21MR]
Reported with amendment (H. Rept. 103-448), [22MR]
Rules suspended. Passed House amended, [22MR]
Passed Senate amended, [26AP]
Senate insisted on its amendment and asked for a conference, [26AP]
House disagreed to Senate amendment and agreed to a conference, [12MY]
Change of conferees, [26MY]
Conference report (H. Rept. 103-651) submitted in the House, [2AU]
House agreed to conference report, [4AU]
Senate agreed to conference report, [13SE]
Presented to the President (September 21, 1994)
Approved [Public Law 103-328] (signed September 29, 1994)
H.R. 3842--
A bill to amend the Head Start Act to extend authorization of
appropriations for progress under that act, to strengthen provisions
designed to provide quality assurance and improvement, to provide
for orderly and appropriate expansion of such program, and for other
purposes, to the Committee on Education and Labor.
By Mr. MARTINEZ (for himself, Mr. Ford of Michigan, Mr. Goodling, Ms.
Molinari, Mr. Gephardt, Mr. Clay, Mr. Miller of California, Mr.
Murphy, Mr. Kildee, Mr. Williams, Mr. Owens, Mr. Sawyer, Mr. Payne
of New Jersey, Mrs. Unsoeld, Mrs. Mink of Hawaii, Mr. Scott, Mr.
Engel, Mr. Gene Green of Texas, Ms. Woolsey, Mr. Romero-Barcelo, Mr.
Castle, Mr. de Lugo, Mr. Faleomavaega, Mr. Baesler, and Mr.
Underwood), [10FE]
Cosponsors added, [13AP], [20MY]
H.R. 3843--
A bill to require the Administrator of the Environmental Protection
Agency to establish a program under which States may be certified to
carry out voluntary environmental cleanup programs for low and
medium priority sites; to the Committee on Energy and Commerce.
By Mr. VISCLOSKY (for himself, Mr. Regula, Ms. Kaptur, Mr. Gallo, Mr.
Lipinski, and Mr. Fingerhut), [10FE]
Cosponsors added, [24MR], [12AP], [14AP], [2MY], [11MY], [8JN], [12JY]
H.R. 3844--
A bill to authorize the Administrator of the Environmental Protection
Agency to provide loans to States to establish revolving loan funds
for the environmental cleanup of sites in distressed areas that have
the potential to attract private investment and create local
employment; to the Committee on Energy and Commerce.
By Mr. VISCLOSKY (for himself, Mr. Regula, Mr. Fingerhut, and Mr.
Lipinski), [10FE]
Cosponsors added, [24MR], [12AP], [14AP], [11MY], [8JN], [12JY]
H.R. 3845--
A bill to limit access by minors to cigarettes through prohibiting the
sale of tobacco products in vending machines and the distribution of
free
[[Page 2607]]
samples of tobacco products in Federal buildings and property
accessible by minors; to the Committee on Public Works and
Transportation.
By Mr. VISCLOSKY (for himself, Mr. Durbin, Mr. Evans, Mr. Foglietta,
Mr. Hansen, Mr. Jacobs, Mr. LaFalce, Mr. Meehan, and Mr. Slattery),
[10FE]
Cosponsors added, [21MR], [12AP], [9JN]
H.R. 3846--
A bill to repeal the quota and price support programs for peanuts; to
the Committee on Agriculture.
By Mr. ARMEY (for himself and Mr. Jacobs), [10FE]
Cosponsors added, [9MR], [12AP], [26MY], [12JY], [21JY], [7OC]
H.R. 3847--
A bill to require the Secretary of Defense to release the requirements
and reversionary interest on certain property in Baltimore, MD; to
the Committee on Armed Services.
By Mr. CARDIN, [10FE]
H.R. 3848--
A bill to suspend until January 1, 1996, the duty on certain machinery;
to the Committee on Ways and Means.
By Mr. COBLE, [10FE]
H.R. 3849--
A bill to amend section 3730 of title 31, United States Code, to limit
the amount a private party may be awarded in an action under such
section; to the Committee on the Judiciary.
By Mr. DUNCAN, [10FE]
Cosponsors added, [24FE], [2MR], [16MR], [24MR], [8JN]
H.R. 3850--
A bill to provide for a study of human health risks associated with
National Weather Service doppler radar installations, and to
prohibit the operation of such an installation in Ojai, CA, unless
such study finds no significant health risk; jointly, to the
Committees on Science, Space, and Technology; Energy and Commerce.
By Mr. GALLEGLY, [10FE]
H.R. 3851--
A bill to amend the Internal Revenue Code of 1986 to eliminate the
marriage penalty; to the Committee on Ways and Means.
By Mr. ISTOOK (for himself, Mr. Gilchrest, Mr. Emerson, Mr. Dornan,
Mr. Calvert, Mr. Pete Geren of Texas, Mr. Doolittle, Mr. Livingston,
Mr. Goss, Mr. Hastert, Mr. Greenwood, Mr. Callahan, Mr. Gallegly,
Mr. Petri, Mr. Allard, Mr. Machtley and Mr. Hutchinson), [10FE]
Cosponsors added, [23FE], [21MR], [5MY], [4AU], [29SE]
H.R. 3852--
A bill to amend title 18, United States Code, to prohibit a Federal
firearms licensee from selling or delivering a firearm or ammunition
to an intoxicated person; to the Committee on the Judiciary.
By Mr. JOHNSON of South Dakota, [10FE]
H.R. 3853--
A bill to stimulate private investment, economic development, and the
creation of jobs in the private sector by authorizing the Secretary
of the Treasury to participate in loans, and guarantee a portion of
loans, made by banks and other qualified lenders for businesses with
potential for expansion and growth and for other viable economic
development projects, and for other purposes; to the Committee on
Banking, Finance and Urban Affairs.
By Mr. KLEIN (for himself, Mr. Frank of Massachusetts, Mr. Schumer,
and Mr. Deutsch), [10FE]
Cosponsors added, [14AP]
H.R. 3854--
A bill to repeal the Cuban Adjustment Act; to the Committee on the
Judiciary.
By Mr. KOPETSKI, [10FE]
Cosponsors added, [2MY], [11AU], [18AU], [20SE], [21SE]
H.R. 3855--
A bill to suspend temporarily the duty on Halosulfuron-Methyl; to the
Committee on Ways and Means.
By Mr. LEACH, [10FE]
H.R. 3856--
A bill to suspend until January 1, 1997 the duty on 2-(4-chloro-2-methyl
phenoxy) propionic acid; to the Committee on Ways and Means.
By Mrs. MEYERS of Kansas, [10FE]
Cosponsors removed, [12JY]
H.R. 3857--
A bill to permit the Administrator of the Environmental Protection
Agency to enter into cooperative research and development agreements
for environmental protection; to the Committee on Science, Space,
and Technology.
By Mr. OLVER, [10FE]
H.R. 3858--
A bill to extend the suspension of duty on certain diamond tool and
drill blanks, and for other purposes; to the Committee on Ways and
Means.
By Ms. PRYCE of Ohio, [10FE]
H.R. 3859--
A bill to amend the Immigration and Nationality Act to provide for the
complete use of visas available under the diversity transition
program; to the Committee on the Judiciary.
By Mr. SCHUMER, [10FE]
H.R. 3860--
A bill to amend the Immigration and Nationality Act and other laws of
the United States relating to border security, illegal immigration,
alien eligibility for Federal financial benefits and services,
criminal activity by aliens, alien smuggling, fraudulent document
use by aliens, asylum, terrorist aliens, and for other purposes;
jointly, to the Committees on the Judiciary; Ways and Means; Energy
and Commerce; Banking, Finance and Urban Affairs; Foreign Affairs;
Government Operations.
By Mr. SMITH of Texas (for himself, Mr. Armey, Mr. Baker of
California, Mr. Barton of Texas, Mr. Burton of Indiana, Mr. Canady,
Mr. Collins of Georgia, Mr. Cunningham, Mr. DeLay, Mr. Doolittle,
Mr. Fish, Mr. Gallegly, Mr. Gilman, Mr. Gingrich, Mr. Goodlatte, Mr.
Goss, Mr. Greenwood, Mr. Hunter, Mr. Sam Johnson, Mr. Kim, Mr.
Kingston, Mr. Levy, Mr. Lewis of Florida, Mr. McCollum, Mr. McKeon,
Mrs. Meyers of Kansas, Mr. Miller of Florida, Ms. Molinari, Mr.
Moorhead, Mr. Rohrabacher, Mr. Royce, Mr. Shaw, Mr. Stearns, and Mr.
Shays), [10FE]
Cosponsors added, [23FE], [2MR], [8MR], [23MR], [4MY], [12MY], [8JN],
[16JN], [12JY], [26JY], [7OC]
Cosponsors removed, [28AP], [3MY]
H.R. 3861--
A bill to amend the District of Columbia Self-Government and
Governmental Reorganization Act to permit the District of Columbia
to subject the income of the Federal National Mortgage Association,
the Federal Home Loan Mortgage Corporation, and the Student Loan
Marketing Association to taxation by the District of Columbia, to
require the Federal National Mortgage Association to maintain its
principal office in the District of Columbia, and to require the
Mayor of the District of Columbia to submit a report to Congress on
the economic impact of such entities on the District of Columbia; to
the Committee on the District of Columbia.
By Mr. STARK, [10FE]
H.R. 3862--
A bill to effect a moratorium on immigration by aliens other than
refugees, priority workers, and the spouses and children of United
States citizens; jointly, to the Committees on the Judiciary; Ways
and Means; Agriculture; Banking, Finance and Urban Affairs.
By Mr. STUMP (for himself and Mr. Callahan), [10FE]
Cosponsors added, [11FE], [23FE], [24FE], [3MR], [8MR], [16MR],
[12AP], [17JN], [27JN], [12JY], [28JY], [12SE], [20SE], [30SE]
H.R. 3863--
A bill to designate the Post Office building located at 401 E. South
Street in Jackson, Mississippi, as the ``Medgar Wiley Evers Post
Office''; to the Committee on Post Office and Civil Service.
By Mr. THOMPSON, [10FE]
Cosponsors added, [9MR]
Rules suspended. Passed House, [23MY]
Passed Senate, [25MY]
Presented to the President (June 7, 1994)
Approved [Public Law 103-265] (signed June 10, 1994)
H.R. 3864--
A bill for the relief of Thomas McDermott, Sr.; to the Committee on
Natural Resources.
By Mr. PETRI, [10FE]
H.R. 3865--
A bill to amend the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (Superfund) to provide for the cleanup of
municipal waste landfill Superfund sites, and for other purposes;
jointly, to the Committees on Energy and Commerce; Public Works and
Transportation.
By Mrs. JOHNSON of Connecticut (for herself and Mr. Frank of
Massachusetts), [11FE]
H.R. 3866--
A bill to provide certain employee protection benefits for railroad
employees; to the Committee on Energy and Commerce.
By Mr. SANDERS (for himself, Mr. Pallone, Mr. Williams, Mr. Obey, Mr.
Coleman, Mr. Sabo, Mr. Gene Green of Texas, Mr. Peterson of
Minnesota, Mr. Vento, Mr. Olver, Mr. Gejdenson, Mr. Kopetski, Mr.
Rahall, Mr. Hamburg, Mr. Filner, Mr. Lantos, Mrs. Schroeder, Mr.
Oberstar, Mr. Torres, Mr. Markey, and Mr. Jacobs), [11FE]
Cosponsors added, [24FE], [2MR], [3MR], [15MR], [16MR], [17MR],
[21MR], [23MR], [12AP], [21AP], [2MY], [11MY], [25MY], [13JN],
[29JN], [26JY], [28JY], [1AU], [3AU], [12SE], [20SE], [6OC]
H.R. 3867--
A bill to amend the Internal Revenue Code of 1986 to provide that a
foster care provider and qualified foster individual may share the
same home; to the Committee on Ways and Means.
By Mr. SWETT, [11FE]
H.R. 3868--
A bill to amend title 10, United States Code, to authorize the Secretary
of the Army to enroll civilians, under certain circumstances, in the
physician assistant training program conducted at the Academy of
Health Sciences at Fort Sam Houston, TX; to the Committee on Armed
Services.
By Mr. TEJEDA, [11FE]
H.R. 3869--
A bill to amend the Public Health Service Act to revise and extend
programs relating to the health of individuals who are members of
minority groups, and for other purposes; to the Committee on Energy
and Commerce.
By Mr. WAXMAN (for himself, Mr. Synar, Mr. Richardson, Mr. Towns, Mr.
Washington, Mr. Upton, Mr. Franks of Connecticut, Mr. Mineta, Mr.
Matsui, Mr. Serrano, Mr. Gutierrez, Mr. Pastor, Mr. Menendez, Mr.
Romero-Barcelo, Ms. Velazquez, and Mr. Underwood), [11FE]
Cosponsors added, [1MR], [23MR], [2MY]
Reported with amendments (H. Rept. 103-501), [11MY]
Rules suspended. Passed House amended, [23MY]
Laid on the table (S. 1569 passed in lieu), [23MY]
H.R. 3870--
A bill to promote the research and development of environmental
technologies; to the Committee on Science, Space, and Technology.
By Mr. BROWN of California (for himself, Mr. Valentine, Mr. Mineta,
Mrs. Lloyd, Mr. Boehlert, Mrs. Morella, Mr. Swett, Mr. Klein, Mr.
McHale, Ms. Eshoo, Mr. Traficant, Mr. Bacchus of Florida, Mr. Barcia
of Michigan, Mr. Fingerhut, Ms. Harman, Mr. Johnson of Georgia, Mr.
Coppersmith, Ms. Eddie Bernice Johnson of Texas, Mr. Minge, Mr.
Deal, Mr. Scott, Mr. Becerra, Mr. Barca of Wisconsin, Mr. Rush, Mr.
Sanders, Mr. Olver, and Ms. Slaughter), [22FE]
Cosponsors added, [24FE], [17MR], [12AP], [18AP], [21AP], [4MY]
Reported with amendments (H. Rept. 103-536), [8JN]
Passed House amended, [26JY]
H.R. 3871--
A bill to repeal the substantiation requirement for the deduction of
certain charitable contributions which was added by the Revenue
Reconciliation Act of 1993; to the Committee on Ways and Means.
By Mr. ARMEY (for himself, Mr. Combest, Mr. Linder, Mr. DeLay, Mr.
King, Mr. Hoekstra, Mr. Walker, Mr. Bachus of Alabama, Mr. Hancock,
Mr. Smith of Michigan, Mr. Levy, Mr. Bonilla, Mr. Crane, and Mr.
Lightfoot), [22FE]
Cosponsors added, [9MR], [12AP], [19AP], [11MY], [17MY], [23MY],
[8JN], [9JN], [15JN], [29JN], [21JY], [28JY], [13SE]
H.R. 3872--
A bill to require the Federal Government to incarcerate or to reimburse
State and local governments for the cost of incarcerating criminal
aliens; to the Committee on the Judiciary.
By Mr. CONDIT (for himself, Mr. Peterson of Florida, Ms. Schenk, Mr.
Cunningham, and Mr. Canady), [22FE]
Cosponsors added, [23FE], [24FE], [9MR], [21MR], [24MR]
[[Page 2608]]
H.R. 3873--
A bill to amend the Federal Water Pollution Control Act to establish a
national urban watershed restoration program; jointly, to the
Committees on Public Works and Transportation; Merchant Marine and
Fisheries.
By Ms. NORTON (for herself, Mr. Blackwell, Mr. Dellums, Mr. Evans, Mr.
Filner, Mr. Frost, Mr. Hinchey, Mr. Jefferson, Mr. Lewis of Georgia,
Mr. Manton, Mr. Moran, Mrs. Morella, Mr. Murphy, Mr. Olver, Mr.
Owens, Mr. Rangel, Ms. Roybal-Allard, Mr. Sanders, Mr. Serrano, Mr.
Shays, Mr. Stokes, Mrs. Unsoeld, Ms. Velazquez, Mr. Walsh, Mr. Watt,
and Mr. Wynn), [22FE]
Cosponsors added, [8MR], [23MR], [12AP], [14AP], [28AP], [28JN],
[25JY]
H.R. 3874--
A bill to amend various Acts to establish offices of women's health
within certain agencies; jointly, to the Committees on Energy and
Commerce; Ways and Means.
By Ms. SNOWE, [22FE]
H.R. 3875--
A bill to enact the Private Property Owners Bill of Rights; jointly, to
the Committees on Merchant Marine and Fisheries; Public Works and
Transportation; the Judiciary.
By Mr. TAUZIN (for himself, Mr. Fields of Texas, Mr. Hayes, Mr. Taylor
of North Carolina, Mr. Stenholm, Mr. Young of Alaska, Mr.
Montgomery, Mr. Stupak, Mr. Shuster, Mr. Stump, Mr. Pombo, Mr.
Brewster, Mr. Callahan, Mr. Hutto, Mr. Ortiz, Mr. Laughlin, Mrs.
Bentley, Mr. Bonilla, Mr. Cunningham, Ms. Danner, Mr. Pickett, and
Mr. Packard), [23FE]
Cosponsors added, [3MR], [10MR], [21MR], [23MR], [5MY], [18MY], [9JN],
[17JN], [23JN], [29JN], [14JY], [26JY], [28JY], [9AU], [19AU],
[4OC], [7OC]
Discharge petition filed (Pet. 103-23), [29JN]
H.R. 3876--
A bill to set forth the appropriate budgetary treatment of the health
reform program; to the Committee on Government Operations.
By Mr. ALLARD (for himself and Mr. Penny), [23FE]
Cosponsors added, [2MR]
H.R. 3877--
A bill to provide grants to States which comply with certain
requirements; to the Committee on the Judiciary.
By Ms. BYRNE, [23FE]
Cosponsors added, [2MR]
H.R. 3878--
A bill to amend the Public Health Service Act to establish a requirement
of informed consent regarding the use of human subjects in research
conducted or supported by the Federal Government, and for other
purposes; to the Committee on Energy and Commerce.
By Mr. COOPER (for himself, Mr. Clement, Mr. Tanner, Mr. Gordon, Mr.
Duncan, Mr. Quillen, Mr. Ford of Tennessee, Mrs. Lloyd, and Mr.
Sundquist), [23FE]
Cosponsors added, [2MR], [3MR], [8MR], [16MR], [19AP], [12MY]
H.R. 3879--
A bill to authorize the minting of coins to commemorate the 1995 Special
Olympics World Games; to the Committee on Banking, Finance and Urban
Affairs.
By Ms. DeLAURO (for herself, Mrs. Kennelly, Mr. Gejdenson, Mrs.
Johnson of Connecticut, Mr. Franks of Connecticut, Mr. Shays, Mr.
Wise, Ms. Eddie Bernice Johnson of Texas, Mrs. Meek of Florida, Mr.
Durbin, Mr. Kopetski, Mr. Volkmer, Mr. McCloskey, Mr. Poshard, Mr.
Hamburg, Mr. Sabo, Mr. Scott, Mr. Coppersmith, Mr. Fields of
Louisiana, Mr. Torres, Mr. Fazio, Ms. Velazquez, Ms. Pelosi, Mr.
Olver, Mr. Hoyer, Mrs. Morella, Ms. Kaptur, Mrs. Schroeder, Ms.
Slaughter, Mr. Blackwell, Mr. Pete Geren of Texas, Mr. Gephardt, Mr.
Cramer, Mr. Visclosky, Mr. Torricelli, Mr. Reed, Mr. Kreidler, Mr.
Murphy, Mr. Frank of Massachusetts, Mr. Miller of California, Mr.
Foglietta, Mr. Serrano, Mr. Bishop, Mr. Engel, Mr. Farr, Ms. Eshoo,
Ms. Woolsey, Mrs. Lowey, Mr. Skaggs, Ms. Waters, Ms. English of
Arizona, Mr. Pastor, Mr. Clement, Ms. Roybal-Allard, Mr. Sawyer,
Mrs. Unsoeld, Ms. Shepherd, Mrs. Clayton, Mr. Lewis of Georgia, Mr.
Bacchus of Florida, Mr. Borski, Mr. Holden, Mr. Leach, and Mr.
Kleczka), [23FE]
Cosponsors added, [8MR], [24MR], [14AP], [23MY]
H.R. 3880--
A bill to prohibit the Secretary of Health and Human Services from
finding that a State Medicaid plan is not in compliance with title
XIX of the Social Security Act solely on the grounds that the plan
does not cover abortions for pregnancies resulting from an act of
rape or incest if coverage for such abortions is inconsistent with
State law; to the Committee on Energy and Commerce.
By Mr. DICKEY (for himself, Mr. Dornan, Mr. Emerson, Mr. Bartlett of
Maryland, Mr. Bunning, Mr. Talent, Mr. Istook, Mr. Knollenberg, Mr.
Bachus of Alabama, Mr. Inglis of South Carolina, Mr. Solomon, Mr.
Armey, Mr. Linder, Mr. McCrery, Mr. Barton of Texas, Mr. Penny, Mr.
Bereuter, Mr. Lipinski, and Mr. Boehner), [23FE]
Cosponsors added, [2MR], [16MR], [20AP], [28JN]
H.R. 3881--
A bill to amend the Small Business Act to eliminate restrictions on
providing financial assistance to small business concerns engaged in
media-related industries; to the Committee on Small Business.
By Mr. DUNCAN, [23FE]
H.R. 3882--
A bill to require the President to consider the job impact of
comprehensive health care reform legislation before such legislation
takes effect; to the Committee on Education and Labor.
By Mr. GALLO (for himself, Mrs. Meyers of Kansas, Mr. Zimmer, Mr.
Saxton, Mr. Smith of New Jersey, Mr. Franks of New Jersey, Mr.
Emerson, Mr. Ewing, Mr. Goodling, Mr. Knollenberg, Mr. Ridge, Mr.
Baker of Louisiana, Mr. Manzullo, Mr. Canady, Mr. Talent, Mr.
Portman, and Mr. Machtley), [23FE]
Cosponsors added, [20MY]
H.R. 3883--
A bill to amend title 18, United States Code, to prohibit the interstate
transportation of a firearm with the intent to commit a violent
crime, and to impose the death penalty for a violation that results
in death; to the Committee on the Judiciary.
By Mr. LEVY (for himself, Mr. Quinn, Mr. King, Mr. Lazio, Mr. Solomon,
Mr. Gilman, Ms. Molinari, Mr. Paxon, Mr. McHugh, Mr. Boehlert, Mr.
Walsh, Mr. Fish, Mr. Houghton, Mr. Machtley, Mr. Bilirakis, Mr.
McCollum, Ms. Kaptur, Mr. Torkildsen, and Mr. Diaz-Balart), [23FE]
Cosponsors added, [16MR]
H.R. 3884--
A bill to amend part E of title IV of the Social Security Act to
require, as a condition of receiving Federal funds for foster care
and adoption assistance, that States require State agencies, in
considering applications to adopt certain foster children, to give
preference to applications of a foster parent or caretaker relative
of the child; to the Committee on Ways and Means.
By Mrs. MALONEY, [23FE]
H.R. 3885--
A bill to direct the Consumer Product Safety Commission to promulgate
fire safety standards for cigarettes and for other purposes; to the
Committee on Energy and Commerce.
By Mr. MOAKLEY, [23FE]
Cosponsors added, [24MR], [9JN], [10AU], [21SE]
H.R. 3886--
A bill to amend the boundaries of the Flower Garden Banks National
Marine Sanctuary; to the Committee on Merchant Marine and Fisheries.
By Mr. ORTIZ, [23FE]
Cosponsors added, [16MR]
Reported (H. Rept. 103-441), [21MR]
Rules suspended. Passed House amended, [21MR]
H.R. 3887--
A bill to authorize the Secretary of Transportation to convey the vessel
U.S.S. Sphinx to the Rio Grande Military Museum for use as a
military museum; to the Committee on Merchant Marine and Fisheries.
By Mr. ORTIZ, [23FE]
H.R. 3888--
A bill to amend the United States Housing Act of 1937 to improve the
programs for public and Indian housing, and for other purposes; to
the Committee on Banking, Finance and Urban Affairs.
By Mrs. ROUKEMA, [23FE]
H.R. 3889--
A bill to amend the chapter 15 of title 5, United States Code, to
eliminate the provision prohibiting certain State and local
employees from seeking elective office; to the Committee on House
Administration.
By Mr. SOLOMON, [23FE]
H.R. 3890--
A bill to renew design patent numbered 251,990, relating to a word game
board, for a period of 10 years; to the Committee on the Judiciary.
By Mr. LEVY, [23FE]
H.R. 3891--
A bill to waive certain time limitations with respect to awarding the
Medal of Honor to Rudolph Salais Vela; to the Committee on Armed
Services.
By Mr. TEJEDA, [23FE]
H.R. 3892--
A bill to improve the child support system; jointly, to the Committees
on Ways and Means; the Judiciary; Education and Labor; Banking,
Finance and Urban Affairs.
By Mr. ANDREWS of Texas, [24FE]
Cosponsors added, [5AU]
H.R. 3893--
A bill to authorize the collection of entrance fees at Canaveral
National Seashore, and for other purposes; to the Committee on
Natural Resources.
By Mr. BACCHUS of Florida (for himself and Mr. Mica), [24FE]
H.R. 3894--
A bill to extend the conservation reserve program for 10 years and the
wetlands reserve program for 5 years; to protect vulnerable soil and
water resources by facilitating the transition of our Nation's most
environmentally sensitive land to conservation uses by enabling
farmers to meet conservation compliance requirements through the
early withdrawal, modification, reenrollment, or enrollment of lands
in the conservation reserve; to best achieve such conservation
purposes with sharply limited resources by permitting the Secretary
of Agriculture to negotiate reduced annual rental payments in
exchange for granting farmers increased flexibility to withdraw,
enroll, or reenroll parts of land parcels in the conservation
reserve program and for permitting limited uses on lands enrolled in
the conservation reserve; to permit the transfer of crop bases among
owners upon the expiration of enrollment; and to authorize the
establishment of demonstration projects; to the Committee on
Agriculture.
By Mr. BEREUTER, [24FE]
Cosponsors added, [24MR]
H.R. 3895--
A bill to provide appropriate remedies for prison overcrowding; to the
Committee on the Judiciary.
By Mr. CANADY (for himself, Mr. Pete Geren of Texas, Mr. Zimmer, Mrs.
Thurman, Mr. Diaz-Balart, Mr. Condit, Mr. Collins of Georgia, Mr.
Hoekstra, Mr. Pombo, Mr. Inglis of South Carolina, Mr. Hutto, Mr.
Miller of Florida, Mr. Doolittle, Mr. Crapo, Mr. Kasich, Mrs.
Fowler, Mr. Bilirakis, Mr. DeLay, Mr. Goss, Mr. Talent, Mr. Baker of
California, Mr. Callahan, Mr. Lewis of Florida, Mr. Young of
Florida, Mr. Dornan, Mr. Moorhead, Mr. Stump, Mr. Boehner, Mr.
Coble, Mr. McKeon, and Mr. Stearns), [24FE]
Cosponsors added, [9MR], [21MR], [14AP], [8JN]
H.R. 3896--
A bill to amend the Public Health Service Act to provide for
demonstration projects to improve the health of racial and ethnic
minority groups by preventing disease and death; to the Committee on
Energy and Commerce.
By Miss COLLINS of Michigan, [24FE]
H.R. 3897--
A bill to amend the Internal Revenue Code of 1986 to establish a Higher
Education Accumulation Program [HEAP] under which individuals are
allowed a deducation for contributions to HEAP accounts; to the
Committee on Ways and Means.
By Ms. ESHOO, [24FE]
Cosponsors added, [24MR], [14AP], [19MY], [17JN], [17AU], [7OC]
H.R. 3898--
A bill to establish the New Bedford Whaling National Historical Park in
New Bedford, MA, and for other purposes; to the Committee on Natural
Resources.
[[Page 2609]]
By Mr. FRANK of Massachusetts (for himself, Mr. Moakley, Mr. Markey,
Mr. Studds, Mr. Blute, Mr. Kennedy, Mr. Torkildsen, Mr. Meehan, Mr.
Neal of Massachusetts, Mr. Olver, and Mr. Faleomavaega), [24FE]
Reported with amendment (H. Rept. 103-643), [1AU]
Rules suspended. Passed House amended, [1AU]
H.R. 3899--
A bill to create police parnterships for children; to the Committee on
the Judiciary.
By Mr. GLICKMAN (for himself, Mr. Gephardt, and Ms. DeLauro), [24FE]
H.R. 3900--
A bill to expand U.S. exports of goods and services by requiring the
development of objective criteria to achieve market access in Japan,
and for other purposes; to the Committee on Ways and Means.
By Mr. GEPHARDT (for himself, Mrs. Collins of Illinois, Mr. Matsui,
Mr. Levin, Mr. Regula, Mr. Mineta, Mr. Dingell, Mr. Blackwell, Mr.
Brown of Ohio, Mr. Barca of Wisconsin, Ms. Brown of Florida, Mr.
Kleczka, Mr. Conyers, Mrs. Bentley, Mr. Coyne, Ms. Kaptur, Mr.
Cardin, Mr. Obey, Mr. Neal of Massachusetts, and Mr. Klink), [24FE]
Cosponsors added, [2MR], [8MR], [9MR], [15MR], [21MR], [22MR], [24MR],
[12AP], [14AP], [20AP], [28AP], [3MY], [20MY], [24MY], [25MY],
[26MY], [8JN], [15JN], [12JY]
H.R. 3901--
A bill to establish a Southern Rural Development Commission; jointly, to
the Committees on Public Works and Transportation; Energy and
Commerce; Education and Labor; Agriculture.
By Mr. HILLIARD (for himself and Ms. McKinney), [24FE]
Cosponsors added, [16MR], [18AP]
H.R. 3902--
A bill to amend the Clean Air Act to require the designation of certain
areas as rural transport areas for purposes of nonattainment
requirements, and for other purposes; to the Committee on Energy and
Commerce.
By Mr. HOEKSTRA (for himself and Mr. Ehlers), [24FE]
Cosponsors added, [18AP]
H.R. 3903--
A bill to amend the Internal Revenue Code of 1986 to permit the tax-free
rollover of certain payments made by employers to separated
employees; to the Committee on Ways and Means.
By Mr. JEFFERSON, [24FE]
Cosponsors added, [13AP], [16MY], [26JY]
H.R. 3904--
A bill to provide that certain service or management contracts will not
result in municipal water or wastewater facilities being treated as
used in a private business use for purposes of the limitations on
private activity bonds; to the Committee on Ways and Means.
By Mr. JEFFERSON, [24FE]
Cosponsors added, [16MY], [26JY]
H.R. 3905--
A bill to provide for the establishment and management of the Opal Creek
Forest Preserve in the State of Oregon; jointly, to the Committees
on Natural Resources; Agriculture.
By Mr. KOPETSKI, [24FE]
Cosponsors added, [2MR], [7MR], [11MY], [3AU]
Reported with amendment (H. Rept. 103-683, part 1), [8AU]
Reported with amendments (H. Rept. 103-683, part 2), [8AU]
Rules suspended. Passed House amended, [8AU]
H.R. 3906--
A bill to amend title XIX of the Social Security Act to permit Federal
payment under the Medicaid Program for physicians' services
furnished to children or pregnant women under State Medicaid plans
by physicians certified by the medical specialty board recognized by
the American Osteopathic Association; to the Committee on Energy and
Commerce.
By Mr. KREIDLER (for himself and Mr. Canady), [24FE]
Cosponsors added, [28FE], [9MR], [23MR], [13AP], [21AP], [2MY],
[16MY], [20MY], [26MY], [10JN], [30JN], [27JY], [10AU], [19AU],
[26SE], [6OC]
H.R. 3907--
A bill to direct the Secretary of Health and Human Services to carry out
a demonstration project under which physicians providing services to
individuals entitled to benefits under the Medicare Program will
receive regular information on charges submitted by and payments
made to other providers who furnish services to such individuals;
jointly, to the Committees on Ways and Means; Energy and Commerce.
By Mr. KREIDLER, [24FE]
Cosponsors added, [13AP], [2MY]
H.R. 3908--
A bill to establish the Office of Personal Savings Promotion within the
Department of the Treasury; to the Committee on Ways and Means.
By Mr. LaROCCO, [24FE]
H.R. 3909--
A bill to amend the Public Health Service Act to provide grants for the
development of rural telemedicine, and for other purposes; jointly,
to the Committees on Energy and Commerce; Ways and Means; Armed
Services; Veterans' Affairs; Post Office and Civil Service; Natural
Resources; Education and Labor.
By Mr. LaROCCO, [24FE]
H.R. 3910--
A bill to suspend temporarily the duty on certain pigments; to the
Committee on Ways and Means.
By Mr. MACHTLEY, [24FE]
H.R. 3911--
A bill to prohibit the imposition by the Federal Government of global
budgets, health care premium caps, and similar limits on private
health care expenditures in geographic areas; to the Committee on
Energy and Commerce.
By Mr. MILLER of Florida (for himself, Mr. Armey, Mr. Ballenger, Mr.
Boehner, Mr. Cox, Mr. Dornan, Mr. DeLay, Mr. Saxton, Mrs. Fowler,
Mr. Gingrich, Mr. Hutchinson, and Mr. Lewis of Florida), [24FE]
H.R. 3912--
A bill to prohibit the receipt of explosives without a Federal permit,
and to provide for a waiting period before the purchase of
explosives; to the Committee on the Judiciary.
By Mr. QUINN (for himself, Mr. Hochbrueckner, Mr. Blute, Mr. King, Mr.
Levy, Mr. Houghton, Mr. Walsh, Mr. Lazio, Mr. Castle, and Ms.
Molinari), [24FE]
Cosponsors added, [3MR], [10MR], [11MR]
H.R. 3913--
A bill to amend title XVI of the Social Security Act to terminate the
eligibility of children under 16 years of age for supplemental
security income benefits by reason of disability, and preserve the
eligibility of such disabled children for Medicaid benefits;
jointly, to the Committees on Ways and Means; Energy and Commerce.
By Mr. SMITH of Michigan (for himself, Mr. Duncan, and Mr. Gekas),
[24FE]
Cosponsors added, [16MR], [3MY], [24JN], [26JY], [27JY], [29JY]
H.R. 3914--
A bill to designate the Federal building located at 1655 Woodson Road in
Overland, MO, as the ``Sammy L. Davis Federal Building''; to the
Committee on Public Works and Transportation.
By Mr. TALENT, [24FE]
H.R. 3915--
A bill to prevent States from taxing Federal military retirement
annuities while not taxing State retirement annuities on the basis
of whether there are employee contributions for such annuities; to
the Committee on the Judiciary.
By Mr. TORKILDSEN (for himself, Mr. Blute, and Mr. Studds), [24FE]
H.R. 3916--
A bill to rescind the authority of the President to engage in certain
activities agreed to in exchange for votes for the North American
Free-Trade Agreement Implementation Act; jointly, to the Committees
on Ways and Means; Armed Services; Agriculture; Public Works and
Transportation; Science, Space, and Technology.
By Mr. ZIMMER (for himself, Mr. Gallo, Mr. Weldon, Mr. Bartlett of
Maryland, and Mr. Inglis of South Carolina), [24FE]
Cosponsors added, [2MR], [12AP]
H.R. 3917--
A bill for the relief of Arthur A. Carron, Jr.; to the Committee on the
Judiciary.
By Mr. STUPAK, [24FE]
Reported (H. Rept. 103-837), [5OC]
Passed House, [7OC]
H.R. 3918--
A bill to guarantee individuals and families continued choice and
control over their doctors, hospitals, and health care services, to
secure access to quality health care for all, to ensure that health
coverage is portable and renewable, to control medical inflation
through market incentives and tax reform, to reform medical
malpractice litigation, and for other purposes; jointly, to the
Committees on Energy and Commerce; Ways and Means; Education and
Labor; the Judiciary; Rules.
By Mr. SANTORUM (for himself, Mr. Armey, and Mr. Duncan), [28FE]
H.R. 3919--
A bill to restrict the use of social security account numbers to
purposes related to social security and other social services;
jointly, to the Committees on Ways and Means; Government Operations.
By Mr. BLUTE (by request), [28FE]
H.R. 3920--
A bill to provide for the licensing of all new Federal nuclear
facilities by the Nuclear Regulatory Commission, and to establish a
Federal Nuclear Facilities Regulatory Review Commission to recommend
an approach to subjecting existing Federal nuclear facilities to
independent regulation; jointly, to the Committees on Natural
Resources; Energy and Commerce; Armed Services; Science, Space, and
Technology
By Mr. MILLER of California (for himself, Mr. Lehman, Mr. Sharp, and
Mr. DeFazio), [28FE]
H.R. 3921--
A bill to authorize and request the President to issue a post-humous
commission appointing Johnson Chestnut Whittaker a second lieutenant
in the Army; to the Committee on Armed Services.
By Mr. GOODLATTE, [28FE]
Cosponsors added, [24MR]
H.R. 3922--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for each of the vessels Shamrock V
and Endeavour; to the Committee on Merchant Marine and Fisheries.
By Mr. MACHTLEY, [28FE]
H.R. 3923--
A bill to amend the Internal Revenue Code of 1986 to provide tax credits
to businesses with employees performing services in their residences
or in telecommuting centers; to the Committee on Ways and Means.
By Mr. BAKER of California (for himself, Mr. Doolittle, and Mr. Levy),
[1MR]
Cosponsors added, [8MR], [21MR], [22MR], [24MR]
H.R. 3924--
A bill to amend title 18, United States Code, to provide enhanced
sentences to repeat violent offenders; to the Committee on the
Judiciary.
By Mr. CARR, [1MR]
H.R. 3925--
A bill to authorize and request a posthumous commission in the Army for
Johnson Chesnut Whittaker; to the Committee on Armed Services.
By Mr. CLYBURN, [1MR]
Cosponsors added, [3MR], [9MR], [17MR]
H.R. 3926--
A bill to authorize funds for emergency road repairs in response to the
severity of the 1993-94 winter, and for other purposes; to the
Committee on Public Works and Transportation.
By Mr. FRANKS of New Jersey (for himself, Mr. Ackerman, and Mr.
Boehner), [1MR]
Cosponsors added, [8MR], [21MR], [24MR], [12AP], [28AP], [12MY],
[14JY], [1AU]
H.R. 3927--
A bill to provide for a uniform system for classifying and declassifying
information, and for other purposes; jointly, to the Committees on
Armed Services; Permanent Select Committee on Intelligence; Rules;
Government Operations.
By Mr. GLICKMAN (for himself, Mr. Skaggs, and Mr. Bilbray), [1MR]
Cosponsors added, [2MR], [14JN]
H.R. 3928--
A bill to expand the special program for the sharing of Forest Service
timber sale receipts to include those counties in which national
forests are situated that are affected by decisions related to the
California spotted owl; to the Committee on Agriculture.
By Mr. HERGER, [1MR]
Cosponsors added, [25JY], [9AU]
H.R. 3929--
A bill to amend titles II and XVI of the Social Security Act to provide
that, for purposes
[[Page 2610]]
of determining whether an individual is under a disability,
engagement in an illegal drug-related enterprise demonstrates
ability to engage in substantial gainful activity; to the Committee
on Ways and Means.
By Mr. HERGER, [1MR]
Cosponsors added, [9MR], [10MR]
H.R. 3930--
A bill to identify illegal aliens who consume scarce health care
resources in the United States and who do not pay for such care and
to seek reimbursement for this care from the home government of the
aliens; jointly, to the Committees on Energy and Commerce; Ways and
Means; the Judiciary; Foreign Affairs.
By Mr. HERGER, [1MR]
Cosponsors added, [9MR]
H.R. 3931--
A bill to amend the Magnuson Fishery Conservation and Management Act to
make North Carolina a member of the Mid-Atlantic Fishery Management
Council; to the Committee on Merchant Marine and Fisheries.
By Mr. LANCASTER (for himself, Mr. Rose, Mr. Clayton, Mr. Price of
North Carolina, Mr. Coble, and Mr. Manton), [1MR]
H.R. 3932--
A bill to amend title 18, United States Code, to promote the safe use of
guns and to reduce gun violence; jointly, to the Committees on the
Judiciary; Ways and Means; Energy and Commerce.
By Mr. SCHUMER, [1MR]
Cosponsors added, [8MR], [14AP], [14JY]
H.R. 3933--
A bill to amend the Internal Revenue Code of 1986 to provide that
distributions from a controlled foreign corporation to a United
States shareholder shall be excluded from gross income if at least a
portion of the distribution is invested in certain property located
in the United States and in the employment of new employees in the
United States; to the Committee on Ways and Means.
By Ms. SLAUGHTER, [1MR]
H.R. 3934--
A bill to amend title 28, United States Code, to provide that district
courts give notice of default judgments to the parties against whom
such judgments are entered; to the Committee on the Judiciary.
By Mr. SWETT, [1MR]
H.R. 3935--
A bill to amend title II of the Social Security Act to establish a
continuing disability review account in the Federal disability
insurance trust fund which shall be available solely for
expenditures necessary to carry out continuing disability reviews;
to the Committee on Ways and Means.
By Mr. JACOBS (for himself and Mr. Bunning), [2MR]
Cosponsors added, [10MR], [17MR], [23MR], [28AP]
H.R. 3936--
A bill to provide the penalty of death for federally prescribed
kidnappings resulting in the death of a minor; to the Committee on
the Judiciary.
By Mr. DUNCAN (for himself, Mr. Solomon, Mr. Baker of California, Mr.
Canady, Mr. Frost, Mr. Doolittle, Mr. McHugh, and Mr. Levy), [2MR]
Cosponsors added, [11MY]
H.R. 3937--
A bill entitled ``The Export Administration Act of 1994''; to the
Committee on Foreign Affairs.
By Mr. GEJDENSON (by request), [2MR]
Reported from the Committee on Foreign Affairs with amendments (H.
Rept. 103-531, part 1), [25MY]
Referred jointly, to the Committees on Armed Services; the Judiciary;
Public Works and Transportation; Ways and Means; Permanent Select
Committee on Intelligence, [25MY]
Reported from the Committee on Intelligence with amendments (H. Rept.
103-531, part 2), [16JN]
Reported from the Committee on Ways and Means (H. Rept. 103-531, part
3), [17JN]
Reported from the Committee on Armend Services with amendments (H.
Rept. 103-531, part 4), [17JN]
Committee on the Judiciary discharged, [17JN]
Provided for consideration (H. Res. 474), [12JY]
H.R. 3938--
A bill to provide duty-free privileges to participants in, and other
individuals associated with, the 1994 World Rowing Championships; to
the Committee on Ways and Means.
By Mr. JACOBS, [2MR]
H.R. 3939--
A bill to amend the Public Health Service Act to eliminate the
incentives that lead to increased prices and utilization of clinical
laboratory diagnostic testing services and other ancillary health
services; to the Committee on Energy and Commerce.
By Mr. SLATTERY (for himself, Mr. McMillan, and Mr. Penny), [2MR]
Cosponsors added, [8MR], [16MR], [12AP], [19AP], [18MY], [26MY],
[17JN], [8AU]
H.R. 3940--
A bill to provide funds for postage for mailing of information on active
stranger abduction investigations; jointly, to the Committees on
Post Office and Civil Service; the Judiciary; House Administration.
By Ms. WOOLSEY (for herself and Mr. Dickey), [2MR]
Cosponsors added, [15MR], [13JN], [15JN], [16JN], [24JN], [29JN],
[20JY]
H.R. 3941--
A bill to amend section 207 of title 18, United States Code, to tighten
restrictions on former executive and legislative branch officials
and employees; to the Committee on the Judiciary.
By Mr. ZIMMER (for himself and Mr. Bacchus of Florida), [2MR]
Cosponsors added, [12AP], [28AP]
H.R. 3942--
A bill to amend the Internal Revenue Code of 1986 to exclude strike
benefits from gross income; to the Committee on Ways and Means.
By Mr. APPLEGATE, [2MR]
Cosponsors added, [4MY]
H.R. 3943--
A bill to prevent persons that have drug use or alcohol use problems
from occupying dwelling units in public housing projects designated
for occupancy by elderly families, and for other purposes; to the
Committee on Banking, Finance and Urban Affairs.
By Mr. BLUTE, [2MR]
Cosponsors added, [18MR], [12AP], [21AP], [25AP], [2MY], [24MY],
[26MY], [9JN], [13JY], [20JY], [11AU], [20AU], [19SE], [3OC]
H.R. 3944--
A bill to provide for a demonstration program to develop and implement
special management practices for certain National Forest System
lands; jointly, to the Committees on Natural Resources; Agriculture.
By Mr. LaROCCO (for himself, Mr. Fazio, and Ms. English of Arizona),
[2MR]
Cosponsors added, [2MY]
H.R. 3945--
A bill providing for a 5-year extension of patent numbered 4,062,141
(relating to a waterfowl decoy); to the Committee on the Judiciary.
By Mr. PETERSON of Minnesota, [2MR]
H.R. 3946--
A bill to require the Secretary of Agriculture to convey certain lands
in Austin, NV, to the Austin Historic Mining District Historical
Society, and for other purposes; to the Committee on Natural
Resources.
By Mrs. VUCANOVICH, [2MR]
H.R. 3947--
A bill to amend title XIX of the Social Security Act to treat certain
clinics operated by children's hospitals as federally qualified
health centers under the Medicaid Program; to the Committee on
Energy and Commerce.
By Ms. LAMBERT (for herself, Mr. Slattery, Mr. Brown of Ohio, Mr.
Bachus of Alabama, and Mr. Kennedy), [3MR]
Cosponsors added, [14AP], [27JY]
H.R. 3948--
A bill to amend the Federal Water Pollution Control Act; to the
Committee on Public Works and Transportation.
By Mr. MINETA (for himself and Mr. Boehlert), [3MR]
Cosponsors added, [24MR], [14AP], [20AP], [2MY]
H.R. 3949--
A bill entitled ``The Firefighter and Rescue Squad Worker Act''; to the
Committee on Education and Labor.
By Mr. BATEMAN, [3MR]
Cosponsors added, [10MR], [16MR], [22MR], [12AP], [12MY], [20MY],
[17JN], [22JY], [5AU], [19SE], [22SE], [5OC]
Cosponsors removed, [29SE], [5OC]
H.R. 3950--
A bill to provide grants to local entities to improve the academic
performance and social development of at-risk children; to the
Committee on Education and Labor.
By Mr. GEPHARDT (for himself, Mr. Ford of Michigan, Mr. Lewis of
Georgia, Mr. Washington, Mr. Glickman, Mr. Miller of California, Mr.
Owens, Mr. Johnston of Florida, Mr. Payne of New Jersey, Ms.
DeLauro, Ms. Norton, Mr. Tucker, Ms. Velazquez, Mr. Towns, Mr. Rush,
Mrs. Schroeder, Mr. Rangel, Ms. Eddie Bernice Johnson of Texas, Mr.
Reynolds, Mr. Nadler, Mr. Schumer, Mr. Martinez, and Mr. Wheat),
[3MR]
H.R. 3951--
A bill to amend the Interval Revenue Code of 1986 to prevent the
reclassification of certain dues paid to tax-exempt agricultural or
horticultural organizations; to the Committee on Ways and Means.
By Mr. CAMP (for himself, Mr. Brewster, Mr. Archer, Mr. Grandy, Mr.
Hoagland, Mr. Sundquist, Mr. Payne of Virginia, Mr. Doolittle, Mr.
Boehner, Mr. Quillen, Mr. Hansen, Mr. Canady, Mr. Barlow, Mr. Barcia
of Michigan, Mr. Bunning, Mr. Hancock, Mr. Slattery, Mr. McCrery,
Mr. Thomas of California, Mr. Houghton, Mr. Edwards of Texas, Mr.
Shaw, Mr. Herger, Mr. Pete Geren of Texas, Mr. Lewis of California,
Mr. Bonilla, Mr. Lightfoot, Mr. Gordon, and Mr. Fields of Texas),
[3MR]
Cosponsors added, [9MR], [10MR], [11MR], [16MR], [21MR], [22MR],
[24MR], [13AP], [18AP], [19AP], [20AP], [2MY], [3MY], [5MY], [11MY],
[12MY], [18MY], [20MY], [26MY], [8JN], [13JN], [22JN], [13JY],
[19JY], [21JY], [29JY], [18AU], [19SE]
H.R. 3952--
A bill to amend the Internal Revenue Code of 1986 to alleviate the
inequitable tax treatment of individuals operating small, expanding
publishing businesses as S corporations or partnerships, thereby
encouraging the growth and development of such businesses; to the
Committee on Ways and Means.
By Mr. CARDIN (for himself and Mr. Shaw), [3MR]
H.R. 3953--
A bill to authorize Escambia County, FL, to convey certain lands in
Florida to a political subdivision of the State of Florida; to the
Committee on Natural Resoruces.
By Mr. HUTTO, [3MR]
Cosponsors added, [8MR]
H.R. 3954--
A bill to expand the Mni Wiconi rural water supply project, and for
other purposes; to the Committee on Natural Resources.
By Mr. JOHNSON of South Dakota, [3MR]
Reported with amendments (H. Rept. 103-789), [3OC]
H.R. 3955--
A bill to increase the availability and continuity of health coverage
for employees and their families, to prevent fraud and abuse in the
health care delivery system, to reform medical malpractice liability
standards, to reduce paperwork and simplify administration of health
care claims, to promote preventive care, and for other purposes;
jointly, to the Committees on Energy and Commerce; Education and
Labor; the Judiciary; Ways and Means.
By Mr. ROWLAND (for himself, Mr. Bilirakis, Mr. Spratt, Mr. Bliley,
Mr. Tauzin, Mr. Duncan, Mr. Parker, Mr. Hastert, Mr. Montgomery, Mr.
Barton of Texas, Mr. Pete Geren of Texas, Mr. Upton, Mr. Sisisky,
Mr. Moorhead, Mr. Tanner, Mrs. Vucanovich, Mr. Laughlin, Mr. Goss,
Mr. Pickett, Mr. Crapo, Mr. Lancaster, Mr. Goodlatte, Mr. Hayes, Mr.
Zeliff, Mrs. Lloyd, Mr. Linder, Mr. Browder, Mr. Castle, Mr. Orton,
and Mr. Young of Florida), [3MR]
Cosponsors added, [10MR], [16MR], [17MR], [22MR], [23MR], [24MR],
[12AP], [13AP], [14AP], [20AP], [5MY], [25MY], [26MY], [8JN],
[29JN], [2AU], [7OC]
H.R. 3956--
A bill to establish the Freedom National Park in the State of Georgia,
and for other purposes; to the Committee on Natural Resources.
By Mr. LEWIS of Georgia (for himself, Mr. Linder, Mr. Darden, and Mr.
Gingrich), [3MR]
H.R. 3957--
A bill to amend the Federal Water Pollution Control Act to reserve a
portion of the funds made available for capitalization grants for
water
[[Page 2611]]
pollution control revolving funds for the purpose of making grants
to States that set aside amounts of State funds for water pollution
control in excess of the amounts required under such act, and for
other purposes; to the Committee on Public Works and Transportation.
By Mr. PETRI (for himself, Mr. Obey, Mr. Sensenbrenner, Mr. Roth, Mr.
Gunderson, Mr. Kleczka, Mr. Klug, Mr. Barrett of Wisconsin, and Mr.
Barca of Wisconsin), [3MR]
H.R. 3958--
A bill to reduce the budget deficit of the United States, and for other
purposes; jointly, to the Committees on Agriculture; Armed Services;
Banking, Finance and Urban Affairs; Education and Labor; Energy and
Commerce; Foreign Affairs; Government Operations; House
Administration; the Judiciary; Merchant Marine and Fisheries;
Natural Resources; Post Office and Civil Service; Public Works and
Transportation; Rules; Science, Space, and Technology; Small
Business; Veterans' Affairs; Ways and Means; Intelligence (Permanent
Select).
By Mr. SCHAEFER (for himself and Mr. Penny), [3MR]
Cosponsors added, [8MR], [11MR], [23MR], [29JY]
Cosponsors removed, [23MR]
H.R. 3959--
A bill to extend the effectiveness of an exemption from the requirements
of the Depository Institution Management Interlocks Act; to the
Committee on Banking, Finance and Urban Affairs.
By Mr. THOMPSON, [3MR]
H.R. 3960--
A bill to provide for health care for every American and to control the
cost and enhance the quality of the health care system; jointly, to
the Committees on Energy and Commerce; Ways and Means; Armed
Services; Post Office and Civil Service; Natural Resources;
Education and Labor.
By Mr. MILLER of California (for himself, Mr. McDermott, Mr. Becerra,
Mr. Clay, Mr. de Lugo, Mr. Engel, Mr. Faleomavaega, Mrs. Mink of
Hawaii, Mr. Murphy, Mr. Owens, Mr. Payne of New Jersey, Mr. Romero-
Barcelo, Mr. Scott, and Ms. Woolsey), [3MR]
Reported with amendment (H. Rept. 103-618), [22JY]
H.R. 3961--
A bill to amend the Act known as the Miller Act to raise the value of
contracts for which performance bonds and payment bonds are required
under that act; to the Committee on the Judiciary.
By Mr. THOMPSON, [3MR]
H.R. 3962--
A bill to direct the Secretary of the Interior and the Secretary of
Energy to undertake initiatives to address certain needs in the
Lower Mississippi Delta Region, and for other purposes; jointly, to
the Committees on Education and Labor; Natural Resources; Energy and
Commerce; Science, Space, and Technology.
By Mr. THOMPSON, [3MR]
H.R. 3963--
A bill to amend title 18 to provide grants to States to assist in the
incarceration of violent repeat offenders and to manage the problems
associated with overcapacity in correctional facilities and programs
and to support comprehensive programs that will reduce the rate of
recidivism; to the Committee on the Judiciary.
By Mr. HUGHES, [7MR]
H.R. 3964--
A bill to expand the boundary of the Santa Fe National Forest, and for
other purposes; to the Committee on Natural Resources.
By Mr. RICHARDSON, [7MR]
Reported with amendment (H. Rept. 103-680), [8AU]
Rules suspended. Passed House amended, [8AU]
H.R. 3965--
A bill to amend the Solid Waste Disposal Act to implement the Basel
Convention on the Control of Transboundary Movements of Hazardous
Wastes and Their Disposal, and for other purposes; jointly, to the
Committees on Energy and Commerce; Foreign Affairs.
By Mr. SWIFT (for himself, Mr. Synar, and Mr. Porter), [7MR]
H.R. 3966--
A bill to amend the Fair Labor Standards Act of 1938 to clarify that
individuals with impaired vision or blindness are not to be covered
by special certificates for employment under section 14(c) of such
act; to the Committee on Education and Labor.
By Mr. TRAFICANT, [7MR]
Cosponsors added, [12AP], [14AP], [19AP], [18JY], [28JY]
H.R. 3967--
A bill to amend the Helium Act to prohibit the Bureau of Mines from
refining helium and selling refined helium, to dispose of the U.S.
helium reserve, and for other purposes; to the Committee on Natural
Resources.
By Mr. LEHMAN (for himself, Mrs. Vucanovich, and Mr. Miller of
California), [8MR]
Cosponsors added, [22MR], [13AP], [28AP], [24JN], [18JY], [26JY],
[29JY], [2AU]
Reported with amendment (H. Rept. 103-661), [3AU]
H.R. 3968--
A bill to provide grants to States to assist in the incarceration of
violent repeat offenders and to manage the problems associated with
overcapacity in correctional facilities and programs and to support
comprehensive programs that will reduce the rate of recidivism; to
the Committee on the Judiciary.
By Mr. HUGHES, [8MR]
Reported with amendments (H. Rept. 103-462), [25MR]
H.R. 3969--
A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act
to provide State, Federal, and Tribal agencies with sufficient time
to implement certain pesticide safety training programs; to the
Committee on Agriculture.
By Mr. BOEHNER (for himself, Mr. Roberts, Mr. Stenholm, Mr. Smith of
Oregon, Mr. Combest, Mr. Darden, Mr. Kingston, Mr. Emerson, Mr.
Bishop, Mr. DeLay, Mr. Tejeda, Mr. McCrery, Mr. Livingston, Mr.
Barlow, Mr. Linder, Mr. Taylor of North Carolina, Mr. Parker, Mr.
Baesler, Mr. Hansen, Ms. Danner, Mr. Poshard, Mr. Lancaster, Mr.
Bonilla, Mr. Crapo, Mr. Bunning, Mr. Wilson, Mr. Doolittle, Mr.
Minge, Mr. Ewing, Mr. Hayes, Mr. Hoagland, Mr. Baker of Louisiana,
Mr. Oxley, and Ms. Kaptur), [8MR]
Cosponsors added, [11MR], [16MR], [17MR]
H.R. 3970--
A bill to amend the Internal Revenue Code of 1986 to clarify provisions
relating to church pension benefit plans, to modify certain
provisions relating to participants in such plans, to reduce the
complexity of and to bring workable consistency to the applicable
rules, to promote retirement savings and benefits, and for other
purposes; to the Committee on Ways and Means.
By Mr. CARDIN, [8MR]
Cosponsors added, [19MY], [16JN], [12JY], [3OC]
H.R. 3971--
A bill to amend title 18, United States Code, to exempt qualified former
agents of the Federal Bureau of Investigation from State laws
prohibiting the carrying of concealed firearms; to the Committee on
the Judiciary.
By Mr. COX, [8MR]
Cosponsors added, [29JN], [14JY], [19JY], [21JY], [26JY], [28JY],
[1AU], [3AU], [11AU], [16AU], [12SE], [13SE], [20SE], [22SE],
[28SE], [4OC], [6OC]
H.R. 3972--
A bill to designate the visitors center at Warm Springs Dam, CA, as the
``Milt Brandt Visitors Center''; to the Committee on Public Works
and Transportation.
By Mr. HAMBURG, [8MR]
H.R. 3973--
A bill to expand the boundaries of the Piscataway National Park, and for
other purposes; to the Committee on Natural Resources.
By Mr. HOYER (for himself and Mr. Moran), [8MR]
Cosponsors added, [28AP], [3MY], [5MY], [12MY], [24MY], [8JN], [14JY]
H.R. 3974--
A bill to provide for fair trade in insurance services, and for other
purposes; jointly, to the Committees on Energy and Commerce; Ways
and Means.
By Mr. LEACH, [8MR]
H.R. 3975--
A bill to establish temporary measures to facilitate the reemployment of
Federal employees who are involuntarily separated from teaching
positions abroad; to amend title 5, United States Code, with respect
to continuing health benefits for such employees, and for other
purposes; jointly, to the Committees on Post Office and Civil
Service; Education and Labor.
By Mr. McCLOSKEY, [8MR]
H.R. 3976--
A bill to amend the act establishing the Gateway National Recreation
Area to provide for the management of Fort Wadsworth by the
Secretary of the Interior, and for other purposes; to the Committee
on Natural Resources.
By Ms. MOLINARI, [8MR]
H.R. 3977--
A bill to reform the grave marker allowance for veterans; to the
Committee on Veterans' Affairs.
By Mr. PETERSON of Florida, [8MR]
H.R. 3978--
A bill to amend the Endangered Species Act of 1973 to provide for the
conservation of threatened species and endangered species, to assure
balanced consideration of scientific, economic, and social factors
in the implementation of the act, to provide for scientific peer
review of determinations made under the act, to provide private
property protections, to remove obsolete provisions, and for other
purposes; to the Committee on Merchant Marine and Fisheries.
By Mr. POMBO, [8MR]
Cosponsors added, [9MR], [23MR], [14AP], [2MY], [4MY], [12MY], [25MY],
[9JN], [23JN], [27JN], [29JN], [12JY], [1AU], [2AU], [5AU], [8AU],
[19SE]
H.R. 3979--
A bill to amend title 18, United States Code, with respect to certain
mandatory minimum sentences; to the Committee on the Judiciary.
By Mr. SCHUMER (for himself and Mr. Hyde), [8MR]
Reported with amendments (H. Rept. 103-460), [24MR]
H.R. 3980--
A bill to support and assist drug courts; jointly, to the Committees on
the Judiciary; Energy and Commerce.
By Mr. SCHUMER (by request), [8MR]
H.R. 3981--
A bill to provide mandatory life imprisonment for persons convicted of a
third violent felony; to the Committee on the Judiciary.
By Mr. SCHUMER (for himself (by request), Mr. Hoyer, Mr. Mazzoli, Mr.
Glickman, Mr. Sangmeister, Mr. Mann, Mr. McCollum, Mr. Ramstad, Mr.
Livingston, Mr. Royce, Mr. Manton, and Ms. Byrne), [8MR]
Cosponsors added, [15MR]
Reported with amendments (H. Rept. 103-463), [25MR]
H.R. 3982--
A bill entitled ``The Ocean Radioactive Dumping Ban Act of 1994''; to
the Committee on Merchant Marine and Fisheries.
By Mr. WELDON (for himself and Mr. Ortiz), [8MR]
Cosponsors added, [11MR], [21AP], [23MY]
Reported with amendment (H. Rept. 103-522), [23MY]
Rules suspended. Passed House amended, [23MY]
H.R. 3983--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Sunshine; referred
to the Committee on Merchant Marine and Fisheries.
By Mr. HOYER, [8MR]
H.R. 3984--
A bill to designate the U.S. post office located at 212 Coleman Avenue
in Waveland, MS, as the ``John Longo, Jr. Post Office''; to the
Committee on Post Office and Civil Service.
By Mr. TAYLOR of Mississippi, [9MR]
Rules suspended. Passed House amended, [23MY]
Passed Senate, [8OC]
Presented to the President (October 25, 1994)
Approved [Public Law 103-453] (signed November 2, 1994)
H.R. 3985--
A bill to amend the Federal Rules of Evidence with respect to the rule
of privileges in civil cases; to the Committee on the Judiciary.
By Mr. CRANE, [9MR]
Cosponsors added, [9JN]
H.R. 3986--
A bill to rescind unauthorized supplemental appropriations for fiscal
year 1994, and for other purposes; to the Committee on
Appropriations.
By Mr. FAWELL (for himself, Mr. Archer, Mr. Ballenger, Mr. Bartlett of
Maryland, Mr. Boehner, Mr. Burton of Indiana, Mr. Cox, Mr. Crane,
Mr. Crapo, Mr. DeFazio, Mr. Doolittle, Mr. Ehlers, Mr. Ewing, Mrs.
Fowler, Mr. Gilchrest, Mr. Good-P
[[Page 2612]]
latte, Mr. Goodling, Mr. Hancock, Mr. Hefley, Mr. Herger, Mr.
Hoekstra, Mr. King, Mr. Manzullo, Mr. Miller of Florida, Mr. Nussle,
Mr. Oxley, Mr. Paxon, Mr. Penny, Mr. Peterson of Minnesota, Mr.
Ramstad, Mr. Sensenbrenner, Mr. Smith of Texas, Mr. Stearns, and,
Mr. Zimmer), [9MR]
Cosponsors added, [11MR], [16MR], [21MR], [24MR], [14AP], [28AP],
[12MY], [21JN], [1AU]
H.R. 3987--
A bill to provide for conservation of rhinoceros and tigers; jointly, to
the Committees on Merchant Marine and Fisheries; Ways and Means.
By Mr. FIELDS of Texas (for himself, Mr. Studds, and Mr. Beilenson),
[9MR]
Cosponsors added, [19AP], [12MY], [21JN], [12JY], [21JY], [28JY],
[12SE]
H.R. 3988--
A bill to provide for the preservation and interpretation of certain
lands and structures relating to the coal mining heritage of the
State of West Virginia and the Nation; and for other purposes; to
the Committee on Natural Resources.
By Mr. RAHALL, [9MR]
H.R. 3989--
A bill to reduce domestic and defense discretionary spending; jointly,
to the Committees on Science, Space, and Technology; Armed Services;
Energy and Commerce; Natural Resources.
By Mr. SHAYS (for himself and Mr. Frank of Massachusetts), [9MR]
H.R. 3990--
A bill to provide protection from sexual predators; to the Committee on
the Judiciary.
By Ms. SLAUGHTER (for herself, Mr. Abercrombie, Ms. DeLauro, Mr.
Evans, Mr. Frost, Mr. Hochbrueckner, Mr. King, Mr. Klug, Mrs.
Maloney, Mr. Stupak, Mr. Towns, and Mr. Engel), [9MR]
Cosponsors added, [15MR], [22MR], [14AP], [20AP], [20MY], [24JN],
[29JN], [12JY], [13JY], [19JY], [25JY], [2AU], [5AU], [12AU],
[19AU], [19SE]
H.R. 3991--
A bill to prohibit federally sponsored research pertaining to the
legalization of drugs; to the Committee on Government Operations.
By Mr. SOLOMON, [9MR]
H.R. 3992--
A bill to prohibit foreign assistance to Russia unless certain
requirements relating to Russian intelligence activities, relations
between Russia and certain neighboring countries, and the reform of
the Russian economy are met; jointly, to the Committees on Foreign
Affairs; Banking, Finance and Urban Affairs.
By Mr. SOLOMON, [9MR]
Cosponsors added, [21MR], [13AP], [18AP], [26AP], [4MY], [12MY],
[26MY], [21JN]
H.R. 3993--
A bill to amend title 18, United States Code, with respect to the sexual
exploitation of children; to the Committee on the Judiciary.
By Mr. RAMSTAD (for himself, Mr. Kennedy, and Mr. Bliley), [9MR]
Cosponsors added, [21MR], [22MR], [24MR]
Reported (H. Rept. 103-469), [25MR]
H.R. 3994--
A bill to provide limitations on the use of certain funds for the
establishment of diplomatic relations between the United States and
the territory of the former Yugoslav Republic of Macedonia; to the
Committee on Foreign Affairs.
By Mr. BILIRAKIS (for himself, Mrs. Maloney, Ms. Snowe, and Mr. Frank
of Massachusetts), [10MR]
Cosponsors added, [21MR], [12AP], [18AP], [17MY], [29JN], [13JY],
[25JY], [3AU], [27SE]
H.R. 3995--
A bill to suspend temporarily the duty on 5-Cholor-2-(2,4-
dichlorophenoxy) phenol; to the Committee on Ways and Means.
By Mr. COBLE, [10MR]
H.R. 3996--
A bill to suspend for the period January 1, 1994, to April 30, 1994, the
duty on frozen onions; to the Committee on Ways and Means.
By Mr. CRANE, [10MR]
H.R. 3997--
A bill to amend the Endangered Species Act of 1973 to require the
preparation of economic impact analyses with respect to certain
actions to protect endangered species and threatened species, and
for other purposes; to the Committee on Merchant Marine and
Fisheries.
By Mr. DOOLITTLE, [10MR]
H.R. 3998--
A bill to protect the consumers of check cashing services by encouraging
States to establish uniform laws on the regulation of check cashing
services and to require the Secretary of the Treasury to study the
effectiveness of State efforts with respect to such regulation and
make appropriate recommendations to the Congress on such efforts; to
the Committee on Banking, Finance and Urban Affairs.
By Mr. FOGLIETTA, [10MR]
H.R. 3999--
A bill to amend the Illinois and Michigan Canal Heritage Corridor Act of
1984 to modify the boundaries of the corridor and for other
purposes; to the Committee on Natural Resources.
By Mr. LIPINSKI (for himself, Mr. Sangmeister, Mr. Rush, Mr. Reynolds,
and Mr. Fawell), [10MR]
Cosponsors added, [16MR], [24MR], [12AP]
H.R. 4000--
A bill to provide a fair, nonpolitical process that will achieve $65
billion in budget outlay reductions each fiscal year until a
balanced budget is reached; jointly, to the Committees on Government
Operations; Rules.
By Mr. MILLER of Florida (for himself, Mr. Kasich, and Mr. Stearns),
[10MR]
Cosponsors added, [3MY], [19MY], [14JY], [1AU], [11AU], [18AU], [19SE]
H.R. 4001--
A bill to provide for tort liability for firearms dealers who transfer
firearms in violation of Federal firearms law; to the Committee on
the Judiciary.
By Mr. REED, [10MR]
H.R. 4002--
A bill to amend section 410 of the Surface Mining Control and
Reclamation Act of 1977 to prohibit the limitation of appropriations
on emergency reclamation projects in any one State, and for other
purposes; to the Committee on Natural Resources.
By Mr. ROGERS, [10MR]
Cosponsors added, [12AP]
H.R. 4003--
A bill to authorize appropriations for fiscal year 1995 for certain
maritime programs of the Department of Transportation, to amend the
Merchant Marine Act, 1936, as amended, to revitalize U.S.-flag
merchant marine, and for other purposes; to the Committee on
Merchant Marine and Fisheries.
By Mr. STUDDS (for himself, Mr. Fields of Texas, Mr. Lipinski, and Mr.
Manton) (all by request), [10MR]
Cosponsors added, [23MR]
Reported with amendment (H. Rept. 103-544, part 1), [13JN]
Referred to the Committee on Ways and Means, [13JN], [12JY]
Referral to the Committee on Ways and Means extended, [21JY], [28JY]
Reported with amendment (H. Rept. 103-544, part 2), [29JY]
Passed House amended, [2AU]
H.R. 4004--
A bill to suspend temporarily the duty on combination microwave
convection ovens; to the Committee on Ways and Means.
By Mr. TANNER, [10MR]
H.R. 4005--
A bill to amend title 18, United States Code, to prevent minors from
gaining unsupervised access to loaded firearms or to unloaded
firearms and ammunition for such firearms; to the Committee on the
Judiciary.
By Mr. TORRICELLI, [10MR]
H.R. 4006--
A bill to provide statements of the economic and employment impacts of
Federal legislation and regulation on the private sector and State
and local governments; jointly, to the Committees on Rules;
Government Operations.
By Mr. COX, [10MR]
H.R. 4007--
A bill to amend the Water Supply Act of 1958 to provide for the funding
of capital improvements at the Washington Aqueduct, and for other
purposes; to the Committee on Public Works and Transportation.
By Mr. MORAN (for himself and Ms. Norton), [10MR]
Cosponsors added, [23MR], [13AP]
H.R. 4008--
A bill to authorize appropriations for the National Oceanic and
Atmospheric Administration for fiscal years 1994 and 1995, and for
other purposes; to the Committee on Merchant Marine and Fisheries.
By Mr. ORTIZ (for himself, Mr. Weldon, Mr. Studds, Mr. Fields of
Texas, Mr. Lipinski, Mr. Manton, and Mr. Young of Alaska), [10MR]
Cosponsors added, [16MR]
Reported with an amendment (H. Rept. 103-583, part 1), [8JY]
Referred to the Committee on Science, Space and Technology, [12JY]
Reported with amendment (H. Rept. 103-583, part 2), [29JY]
Passed House amended, [26SE]
H.R. 4009--
A bill to authorize a study of the equity of Forest Service funding
allocations among the nine regions of the National Forest System; to
the Committee on Agriculture.
By Mr. RICHARDSON (for himself, Mr. Skeen, Mr. Schiff, Mr. Stump, Mr.
Kolbe Mr. Kyl, Mr. Pastor, and Ms. English of Arizona), [10MR]
H.R. 4010--
A bill to improve water quality within the Rio Puerco watershed and to
help restore the ecological health of the Rio Grande through the
cooperative identification and implementation of best management
practices which are consistent with the ecological, geological,
cultural, sociological, and economic conditions in the region;
jointly, to the Committees on Natural Resources; Merchant Marine and
Fisheries.
By Mr. RICHARDSON, [10MR]
H.R. 4011--
A bill for the relief of Anil K. Sharma; to the Committee on the
Judiciary.
By Mr. ROSE, [10MR]
H.R. 4012--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Sea Bandit; to the
Committee on Merchant Marine and Fisheries.
By Mr. SHAW, [10MR]
H.R. 4013--
A bill to amend title 38, United States Code, to provide the Secretary
of Veterans Affairs with necessary flexibility in staffing the
Veterans Health Administration, to authorize the Secretary to
establish pilot programs for health care delivery, and for other
purposes; to the Committee on Veterans' Affairs.
By Mr. ROWLAND (for himself, Mr. Montgomery, Mr. Stump, and Mr. Smith
of New Jersey), [11MR]
Cosponsors added, [15MR], [16MR], [12AP], [14AP]
Reported with amendments (H. Rept. 103-477), [14AP]
Considered, [26AP]
Rules suspended. Passed House amended, [28AP]
Passed Senate amended, [8JN]
H.R. 4014--
A bill to amend the Flood Control Act of 1968 to prohibit the imposition
of certain fees for use of developed recreation sites and
facilities; jointly, to the Committees on Public Works and
Transportation; Natural Resources.
By Mr. BARLOW, [11MR]
Cosponsors added, [15JN]
H.R. 4015--
A bill to provide for enhanced enforcement of the immigration laws; to
the Committee on the Judiciary.
By Mr. BEILENSON (for himself, Mr. Berman, Mr. Becerra, Mr. Filner,
Ms. Roybal-Allard, Mr. Farr, Ms. Schenk, Mr. Dellums, Mr. Dixon, Mr.
Pastor, and Ms. Velazquez), [11MR]
Cosponsors added, [15MR], [10JN]
H.R. 4016--
A bill to suspend temporarily the duty on octadecyl isocyanate; to the
Committee on Ways and Means.
By Mr. CRANE, [11MR]
H.R. 4017--
A bill to amend title 28, United States Code, to prevent racially
discriminatory capital sentencing; to the Committee on the
Judiciary.
By Mr. EDWARDS of California, [11MR]
Reported (H. Rept. 103-458), [24MR]
H.R. 4018--
A bill to revise habeas corpus proceedings; to the Committee on the
Judiciary.
By Mr. EDWARDS of California, [11MR]
Reported (H. Rept. 103-470), [12AP]
H.R. 4019--
A bill to amend the Internal Revenue Code of 1986 to permit certain
severance payments
[[Page 2613]]
to be included in income over a 4-year period; to the Committee on
Ways and Means.
By Mr. HINCHEY, [11MR]
Cosponsors added, [14AP], [21AP], [5MY], [23MY], [26MY], [9JN],
[16JN], [19AU], [3OC]
H.R. 4020--
A bill to suspend temporarily the duty on ACM; to the Committee on Ways
and Means.
By Mr. HOEKSTRA, [11MR]
H.R. 4021--
A bill to suspend temporarily the duty on amitraz; to the Committee on
Ways and Means.
By Mr. HOEKSTRA, [11MR]
H.R. 4022--
A bill to suspend temporarily the duty on the personal effects of
participants in, and certain other individuals associated with, the
1995 Special Olympics World Games; to the Committee on Ways and
Means.
By Mrs. KENNELLY (for herself, Ms. DeLauro, Mr. Gejdenson, Mrs.
Johnson of Connecticut, Mr. Shays, and Mr. Franks of Connecticut),
[11MR]
H.R. 4023--
A bill to extend until June 30, 1995, the temporary suspension of duties
on self-folding telescopic shaft collapsible umbrellas; to the
Committee on Ways and Means.
By Mr. PORTMAN (for himself and Mr. Smith of New Jersey), [11MR]
H.R. 4024--
A bill to establish a national program of trained community health
advisors to assist the States in attaining the Healthy People 2000
objectives; to the Committee on Energy and Commerce.
By Mr. SANDERS (for himself, Mr. Dellums, Ms. Eddie Bernice Johnson of
Texas, Ms. Pelosi, Mr. Peterson of Minnesota, Ms. Velazquez, Mr.
Beilenson, Mr. Owens, Mr. Hochbrueckner, Mr. Scott, Mr. Pastor, and
Mr. McHale), [11MR]
Cosponsors added, [17MR], [21MR], [22MR], [23MR], [12AP], [13AP],
[21AP], [2MY], [11MY], [25MY], [13JN], [29JN], [26JY], [2AU]
H.R. 4025--
A bill to amend the Higher Education Act of 1965 to extend the cohort
default rate exemption for historically Black colleges, tribally
controlled community colleges, and Navajo community colleges; to the
Committee on Education and Labor.
By Mr. SCOTT (for himself, Mr. Owens, Mr. Clay, Mr. Payne of New
Jersey, Mr. Jefferson, Mr. Dellums, Mr. Watt, Mr. Williams, Mr.
Kildee, Mr. Sisisky, Mr. Clyburn, Mr. Mfume, Mr. Reynolds, Mr.
Hobson, Mr. Wheat, Mr. Parker, Mr. Ford of Tennessee, Mr. Frost, Mr.
Neal of North Carolina, Mr. Thornton, Mr. Rangel, Ms. Brown of
Florida, Mr. Stokes, Mr. Baesler, Mr. Lewis of Georgia, Mr. Dixon,
Mrs. Meek of Florida, Ms. Waters, Mrs. Clayton, Mr. Hilliard, Ms.
McKinney, Ms. Norton, Mr. Flake, Mr. Wynn, Mr. Miller of California,
Mr. Thompson, Mr. Rahall, Mr. Richardson, Mr. Ford of Michigan, and
Mr. Pickle), [11MR]
Cosponsors added, [12AP]
H.R. 4026--
A bill to amend the Small Business Act to authorize appropriations for
deferred participation loans to small business concerns
detrimentally affected by defense reductions, and for other
purposes; to the Committee on Small Business.
By Mr. DIXON, [11MR]
Cosponsors added, [1AU], [3AU], [5AU], [8AU], [9AU], [16AU], [19AU]
H.R. 4027--
A bill to amend the Internal Revenue Code of 1986 to allow penalty-free
withdrawals from certain retirement plans for the repair or
replacement of certain property damaged in a Presidentially declared
disaster; to the Committee on Ways and Means.
By Mr. DREIER (for himself, Mr. Evans, Mr. Calvert, Mr. Cox, Mr. Baker
of California, Mr. Dornan, Mr. Rohrabacher, Mr. Moorhead, and Mr.
McKeon), [11MR]
Cosponsors added, [12AP]
H.R. 4028--
A bill to empower the Department of Health and Human Services to issue
advisory opinions on whether certain arrangements for the delivery
of health care services and supplies are in compliance with statutes
and rules establishing acceptable health care billing and payment
practices and with statutes and rules defining health care fraud and
abuse; jointly, to the Committees on Ways and Means; Energy and
Commerce.
By Mr. HOAGLAND (for himself, Mr. Porter, and Mr. Brewster), [11MR]
Cosponsors added, [18AP], [12MY], [23JN], [7OC]
H.R. 4029--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Aliento; to the
Committee on Merchant Marine and Fisheries.
By Mr. HOCHBRUECKNER, [11MR]
H.R. 4030--
A bill to assist victims of crime; jointly, to the Committees on the
Judiciary; Energy and Commerce.
By Mr. SCHUMER, [15MR]
Cosponsors added, [21MR]
Reported (H. Rept. 103-464), [25MR]
H.R. 4031--
A bill to provide for the prosecution as adults of juveniles 13 years
old or older for certain crimes of violence; to the Committee on the
Judiciary.
By Mr. SCHUMER, [15MR]
Reported with amendments (H. Rept. 103-465), [25MR]
H.R. 4032--
A bill to provide the penalty of death for certain crimes; to the
Committee on the Judiciary.
By Mr. SCHUMER, [15MR]
Reported with amendments (H. Rept. 103-466), [25MR]
H.R. 4033--
A bill to assist in the prevention of crime by initiating a
comprehensive community justice program; jointly, to the Committees
on the Judiciary; Education and Labor; Energy and Commerce; Banking,
Finance and Urban Affairs; Government Operations.
By Mr. SCHUMER, [15MR]
Reported with amendments (H. Rept. 103-459), [24MR]
H.R. 4034--
A bill to amend the Urban Park and Recreation Recovery Act of 1978 to
authorize grants for the expansion of recreation opportunities for
at risk youth in urban areas with a high prevalence of crime, and
for other purposes; to the Committee on Natural Resources.
By Mr. MILLER of California (for himself, Mr. Vento, Mr. Lewis of
Georgia, Mr. Martinez, Mr. Hinchey, Mr. Gejdenson, Mr. de Lugo, Mr.
Lehman, Mr. Faleomavaega, Ms. Shepherd, Ms. McKinney, and Mr.
Johnson of South Dakota), [15MR]
Cosponsors added, [17MR], [21MR]
Reported with amendment (H. Rept. 103-444), [21MR]
Rules suspended. Passed House amended, [22MR]
H.R. 4035--
A bill to establish constitutional procedures for the imposition of the
death penalty; to the Committee on the Judiciary.
By Mr. EDWARDS of California (for himself and Mr. Schumer), [15MR]
Reported with amendments (H. Rept. 103-467), [25MR]
H.R. 4036--
A bill to authorize the Secretary of Housing and Urban Development to
make organizations controlled by individuals who promote prejudice
or bias based on race, religion, or ethnicity ineligible for
assistance under programs administered by the Secretary, and for
other purposes; to the Committee on Banking, Finance and Urban
Affairs.
By Mr. KING (for himself and Mr. Levy), [15MR]
Cosponsors added, [21MR], [22MR], [20AP], [18MY], [10JN], [22JN],
[29JN], [19JY], [26JY], [27JY], [2AU], [9AU], [21SE]
H.R. 4037--
A bill to amend title 23, United States Code, to provide for designation
of the National Highway System, and for other purposes; to the
Committee on Public Works and Transportation.
By Mr. RAHALL (for himself, Mr. Mineta, Mr. Shuster, and Mr. Petri)
all by request, [15MR]
H.R. 4038--
A bill to direct the Director of the U.S. Fish and Wildlife Service to
conduct a study of the feasibility of establishing a national
angler's license; to the Committee on Merchant Marine and Fisheries.
By Mr. ZIMMER, [15MR]
H.R. 4039--
A bill to amend the Truth in Lending Act to limit unauthorized use of
credit cards by discouraging theft of credit cards that are mailed;
to the Committee on Banking, Finance and Urban Affairs.
By Mr. ACKERMAN, [16MR]
Cosponsors added, [12JY]
H.R. 4040--
A bill to establish a comprehensive system of reemployment services,
training, and income support for permanently laid off workers, to
facilitate the establishment of one-stop career centers to serve as
a common point of access to employment, education and training
information and services, to develop an effective national labor
market information system, and for other purposes; jointly, to the
Committees on Education and Labor; Ways and Means.
By Mr. ROSTENKOWSKI (for himself (by request) and Mr. Ford of
Michigan), [16MR]
Cosponsors added, [23MR], [13AP], [28AP], [10MY], [24MY], [15JN],
[28JN], [12JY], [14JY], [29JY], [20AU], [30SE]
H.R. 4041--
A bill to amend the District of Columbia Self-Government and
Governmental Reorganization Act to provide for the appointment of
the ranking members of the Committee on the District of Columbia of
the House of Representatives and the Subcommittee on General
Services, Federalism, and the District of Columbia of the Committee
on Governmental Affairs of the Senate to the National Capital
Planning Commission; to the Committee on the District of Columbia.
By Mr. BLILEY (for himself, Mr. Rohrabacher, Mr. Paxon, and Mr.
Ballenger), [16MR]
Cosponsors added, [22MR]
Cosponsors removed, [22MR]
H.R. 4042--
A bill to require a report on the timeliness of processing applications
for naturalization; to the Committee on the Judiciary.
By Mr. FARR (for himself, Mr. Dellums, Ms. Schenk, Mr. Pastor, Mr.
Torres, Mr. Becerra, Mr. Berman, Mr. Beilenson, Mr. Filner, Ms.
Roybal-Allard, and Mr. Fazio), [16MR]
Cosponsors added, [14AP], [19AP], [20AP], [17MY], [21JN], [13JY]
H.R. 4043--
A bill to direct the Secretary of the Interior and the Secretary of
Energy to undertake initiatives to address certain needs in the
Lower Mississippi Delta region, and for other purposes; jointly, to
the Committees on Natural Resources; Education and Labor; Energy and
Commerce; Science, Space, and Technology.
By Mr. FIELDS of Louisiana, [16MR]
Cosponsors added, [3MY], [5MY]
H.R. 4044--
A bill to require the Secretary of Agriculture to issue regulations for
the purchase and eradication of swine infected with or exposed to
brucellosis; to the Committee on Agriculture.
By Mr. LANCASTER (for himself, Mr. Rose, and Mrs. Clayton), [16MR]
H.R. 4045--
A bill to confer U.S. citizenship posthumously on Rudolph Salli; to the
Committee on the Judiciary.
By Mr. POMBO, [16MR]
H.R. 4046--
A bill to amend subchapter II of chapter 73 of title 10, United States
Code, to prevent cost-of-living increases in the survivor annuity
contributions of uniformed services retirees from becoming effective
before related cost-of-living increases in retired pay become
payable; to the Committee on Armed Services.
By Mrs. THURMAN, [16MR]
Cosponsors added, [9JN]
H.R. 4047--
A bill to amend title XIX of the Social Security Act to improve the
Federal medical assistance percentage used under the Medicaid
Program, and for other purposes; to the Committee on Energy and
Commerce.
By Mrs. THURMAN (for herself, Ms. Brown of Florida, Mr. Bacchus of
Florida, Mr. Bilirakis, Mr. Canady, Mr. Deutsch, Mrs. Fowler, Mr.
Gibbons, Mr. Goss, Mr. Hastings, Mr. Hutto, Mr. Johnston of Florida,
Mr. Lewis of Florida, Mr. McCollum, Mr. Diaz-Balart, Mrs. Meek of
Florida, Mr. Mica, Mr. Miller of Florida, Mr. Peterson of Florida,
Ms. Ros-Lehtinen, Mr. Shaw, Mr. Stearns, and Mr. Young of Florida),
[16MR]
Cosponsors added, [19AP], [19MY], [9JN]
[[Page 2614]]
H.R. 4048--
A bill to expedite the naturalization of aliens who served with special
guerrilla units in Laos; to the Committee on the Judiciary.
By Mr. VENTO (for himself, Mr. Foglietta, Mr. Frank of Massachusetts,
Mr. Kopetski, Mrs. Schroeder, and Mr. Towns), [16MR]
Cosponsors added, [19AP], [3AU]
H.R. 4049--
A bill to establish within the Department of Energy a National Test and
Demonstration Center of Excellence at the Nevada test site, and for
other purposes; jointly, to the Committees on Armed Services;
Science, Space, and Technology; Energy and Commerce.
By Mrs. VUCANOVICH (for herself and Mr. Bilbray), [16MR]
H.R. 4050--
A bill to establish a comprehensive system of reemployment services,
training, and income support for permanently laid off workers, to
facilitate the establishment of one-stop career centers to serve as
a common point of access to employment, education and training
information and services, to develop an effective national labor
market information system, and for other purposes; to the Committee
on Education and Labor.
By Mr. FORD of Michigan (for himself, Mr. Williams, Mr. Gephardt, Mr.
Rostenkowski, Mr. Clay, Mr. Martinez, Ms. DeLauro, Mr. Matsui, Mr.
Ford of Tennessee, Mr. Gejdenson, Mr. McDermott, Mr. Miller of
California, Mr. Johnston of Florida, Mrs. Kennelly, Mr. Hoyer, Mr.
Kopetski, Mr. Lewis of Georgia, Mr. Levin, Mrs. Lowey, Mr. Penny,
Mr. Bacchus of Florida, Mr. Sabo, Mr. Sawyer, Mrs. Schroeder, Mr.
Scott, Mr. Wheat, Ms. Woolsey, Mr. Gene Green of Texas, Mr. Carr,
Mr. Klink, Mr. Murphy, Mr. Serrano, and Mr. Richardson), [16MR]
Cosponsors added, [17MR], [18MR], [21MR], [22MR], [18AP], [20AP],
[28AP], [3MY], [4MY], [11MY], [12MY], [17MY], [19MY], [8JN], [9JN],
[13JN], [15JN], [16JN], [21JN], [27JN], [29JN], [30JN], [12JY],
[14JY], [19JY], [21JY], [27JY], [3AU], [9AU], [10AU]
H.R. 4051--
A bill to reform the child support system; to the Committee on Ways and
Means.
By Ms. WOOLSEY (for herself, Mr. Clyburn, Mr. Frank of Massachusetts,
Mr. Scott, and Ms. Velazquez), [16MR]
Cosponsors added, [24MR], [12AP], [14AP], [19AP], [21AP], [3MY],
[5MY], [19MY], [26MY], [8JN], [9JN], [14JN], [27JN], [29JN], [12JY],
[19JY], [25JY], [26JY], [27JY], [3AU], [4AU], [5AU], [9AU], [11AU],
[12AU], [19AU], [12SE], [26SE]
Cosponsors removed, [20AU]
H.R. 4052--
A bill to improve the National Flood Insurance Program; to the Committee
on Banking, Finance and Urban Affairs.
By Mr. BACCHUS of Florida (for himself, Mr. Baker of Louisiana, Mr.
McCollum, Mr. Lazio, Mr. Fazio, Mr. Johnston of Florida, Mr. Shaw,
Mrs. Meek of Florida, Mr. Jefferson, Mr. Ravenel, Mrs. Fowler, Mr.
Schumer, Mr. Flake, Mr. Johnson of South Dakota, Mr. Lewis of
Florida, Mr. Miller of Florida, Mr. Klink, Ms. Brown of Florida, Mr.
Bilirakis, Mr. Mica, Mr. Livingston, Mr. King, Mr. Stearns, Mr.
Ackerman, Mr. Canady, Mr. Peterson of Florida, Mr. Levy, Mr.
Coleman, Mr. Gallegly, Mr. Boehner, Mr. Hastings, Mr. Hutto, Mr.
Peterson of Minnesota, Mr. Manzullo, Mr. Deutsch, Mrs. Thurman, Mr.
Calvert, Mr. Goodling, Mr. Machtley, Mr. Fields of Louisiana, Mr.
Goss, Mr. Young of Alaska, Mr. Crapo, Mr. Diaz-Balart, Ms. Ros-
Lehtinen, Mr. Franks of New Jersey, Mr. Dooley, Mr. Cramer, Mr.
Hayes, Mr. Quinn, Mr. McCrery, Mr. Spence, Mr. Young of Florida, Ms.
Molinari, Mr. Tauzin, Mr. Bateman, Mr. Pombo, and Mr. Talent),
[16MR]
Cosponsors added, [24MR], [3MY], [12MY]
H.R. 4053--
A bill to expand the scope of unfair immigration-related employment
practices and protections under the Immigration and Nationality Act;
to the Committee on the Judiciary.
By Mr. BECERRA (for himself, Mr. Beilenson, Mr. Berman, Mr. Farr, Mr.
Filner, Ms. Roybal-Allard, Mr. Torres, Mr. Dellums, Mr. Dixon, Mr.
Serrano, Ms. Velazquez, and Mr. Pastor), [16MR]
Cosponsors added, [19JY]
H.R. 4054--
A bill to provide for Federal incarceration of undocumented criminal
aliens; to the Committee on the Judiciary.
By Mr. BECERRA (for himself, Mr. Beilenson, Mr. Berman, Mr. Farr, Mr.
Filner, Mr. Martinez, Ms. Roybal-Allard, Mr. Torres, Mr. Dellums,
Mr. Fazio, Mr. Dixon, Mr. Serrano, Ms. Valazquez, Mr. Pastor, and
Mr. Inslee), [16MR]
Cosponsors added, [19JY]
H.R. 4055--
A bill to combat crime; jointly, to the Committees on the Judiciary;
Energy and Commerce; Foreign Affairs; Banking, Finance and Urban
Affairs; Armed Services.
By Mr. BURTON of Indiana, [16MR]
Cosponsors added, [23MR]
H.R. 4056--
A bill to amend the Internal Revenue Code of 1986 to reform the rules
regarding subchapter S corporations; to the Committee on Ways and
Means.
By Mr. HOAGLAND (for himself, Mr. Kopetski, Mr. Brewster, Mr. Archer,
Mr. Shaw, Mr. Portman, and Mr. Matsui), [16MR]
Cosponsors added, [18AP], [26AP], [3MY], [12MY], [26MY], [9JN],
[23JN], [13JY], [25JY], [2AU], [12AU], [20SE], [30SE], [6OC], [7OC]
H.R. 4057--
A bill to amend the Congressional Budget and Impoundment Control Act of
1974 to create a deficit reduction account and to reduce the
discretionary spending limits, and for other purposes; jointly, to
the Committees on Government Operations; Rules.
By Mr. SCHUMER (for himself, Mr. Crapo, Mr. Brewster, Mr. Inglis of
South Carolina, Mr. Edwards of Texas, Mrs. Morella, Ms. Harman, and
Mr. Hastert), [16MR]
Cosponsors added, [23MR], [24MR], [12AP], [14AP], [19AP], [21AP],
[19MY], [25MY], [10JN], [17JN], [27JN], [13JY], [19JY], [2AU],
[16SE]
H.R. 4058--
A bill to amend title 46, United States Code, to improve the safety of
towing vessels; to the Committee on Merchant Marine and Fisheries.
By Mr. STUDDS, [16MR]
Cosponsors added, [30JN]
H.R. 4059--
A bill to amend the Immigration and Nationality Act to provide for the
expedited deportation of criminal aliens, to expand the health-
related causes for which aliens may be excluded, to prohibit certain
Federal benefits to aliens who are not lawfully within the United
States, and to provide that aliens applying for asylum shall be
detained; jointly, to the Committees on the Judiciary; Government
Operations; Ways and Means.
By Mr. TAYLOR of North Carolina (for himself, Mr. Solomon, Mr. Crane,
Mr. Cramer, Mr. Boehner, and Mr. Wilson), [16MR]
H.R. 4060--
A bill to amend title 18, United States Code, to require the imposition
of the death penalty for espionage that resulted in the
identification by a foreign power of an individual acting as an
agent of the United States and consequently in the death of that
individual; to the Committee on the Judiciary.
By Mr. DORNAN (for himself, Mr. Stump, Mr. Bartlett of Maryland, Mr.
Fields of Texas, Mr. King, Mr. McHugh, Mr. Lewis of Florida, Mr.
Gekas, Mr. Stearns, Mr. Hyde, and Mr. Levy), [16MR]
Cosponsors added, [17MR], [13AP]
H.R. 4061--
A bill to provide for a pilot power plant designed to revitalize
depressed communities by providing energy intensive industry with an
effective opportunity to dispose of solid wastes and obtain
inexpensive electricity and steam, and to provide a pilot role model
for the development of a comprehensive national strategic energy
intensive industry initiative; to the Committee on Energy and
Commerce.
By Mr. TRAFICANT, [16MR]
H.R. 4062--
A bill to amend the U.S. Housing Act of 1937 to provide for referenda
among residents of public housing developments to determine whether
firearms shall be prohibited or limited in such developments, and
for other purposes; jointly, to the Committees on Banking, Finance
and Urban Affairs; the Judiciary.
By Mr. WYDEN (for himself and Mr. Lewis of Georgia), [16MR]
Cosponsors added, [22MR], [19AP], [3MY], [8JN], [25JY]
H.R. 4063--
A bill to establish a special protection unit for the Bull Rull River
and Little Sandy River watersheds in the Mt. Hood National Forest in
the State of Oregon to maintain and protect the forest resources of
the watersheds and the natural purity of the water resources of the
watersheds through restrictions on timber activities in and human
access into the unit; to the Committees on Natural Resources;
Agriculture.
By Mr. WYDEN (for himself and Ms. Furse), [16MR]
Cosponsors added, [19AU]
H.R. 4064--
A bill to amend the Job Training Partnership Act to provide counseling
and guidance relating to postsecondary education options for
dislocated workers; to the Committee on Education and Labor.
By Mr. JOHNSTON of Florida (for himself, Mr. Murphy, Mr. Martinez,
Mrs. Unsoeld, Mr. Gene Green of Texas, and Ms. Woolsey), [17MR]
Cosponsors added, [24MR], [14AP], [28AP], [19MY]
H.R. 4065--
A bill to amend the Higher Education Act of 1965 to make adjustments in
the calculation of need for student assistance for dislocated
workers, and for other purposes; to the Committee on Education and
Labor.
By Mr. JOHNSTON of Florida (for himself, Mr. Murphy, Mr. Martinez,
Mrs. Unsoeld, Mr. Gene Green of Texas, and Ms. Woolsey), [17MR]
Cosponsors added, [24MR], [14AP], [28AP], [19MY]
H.R. 4066--
A bill to suspend temporarily the duty on the personal effects of
participants in, and certain other individuals associated with, the
1994 World Cup Soccer Games, the 1994 World Rowing Championships,
the 1995 Special Olympics World Games, the 1996 Summer Olympics, and
the 1996 Paralympics; to the Committee on Ways and Means.
By Mr. ROSTENKOWSKI (for himself, Mr. Gibbons, Mr. Jacobs, Mrs.
Kennelly, Mr. Lewis of Georgia, Mr. Reynolds, Mr. Crane, and Mrs.
Johnson of Connecticut), [17MR]
Reported (H. Rept. 103-454), [24MR]
Rules suspended. Passed House amended, [12AP]
Passed Senate, [14AP]
Presented to the President (April 20, 1994)
Approved [Public Law 103-237] (signed April 30, 1994)
H.R. 4067--
A bill to amend section 203 of the Housing and Community Development
Amendments of 1978 to provide for the disposition of multifamily
properties owned by the Secretary of Housing and Urban Development,
to provide for other reforms in programs administered by the
Secretary, and to make certain technical amendments, and for other
purposes; to the Committee on Banking, Finance and Urban Affairs.
By Mr. GONZALEZ, [17MR]
Considered, [21MR]
Rules suspended. Passed House amended, [22MR]
Laid on the table (S. 1299 passed in lieu), [22MR]
H.R. 4068--
A bill to improve the health and productivity of National Forest System
lands in the State of California and to demonstrate the use of
ecosystem management as a practical management program on such
lands; jointly, to the Committees on Natural Resources; Agriculture.
By Mr. LEHMAN, [17MR]
Cosponsors added, [24JN], [26JY]
H.R. 4069--
A bill to amend title 18, United States Code, to include private and
commercial interstate carriers in the mail fraud prohibitions; to
the Committee on the Judiciary.
By Miss COLLINS of Michigan, [17MR]
Cosponsors added, [12MY], [24JN], [18AU]
H.R. 4070--
A bill to amend title 18, United States Code, to provide for criminal
and civil penalties
[[Page 2615]]
for mail and wire fraud, and for other purposes; jointly, to the
Committees on the Judiciary; Post Office and Civil Service.
By Miss COLLINS of Michigan (by request), [17MR]
Cosponsors added, [12MY], [24JN], [18AU]
H.R. 4071--
A bill to amend title 39, United States Code, to grant the U.S. Postal
Service the authority to issue civil investigative demands, and for
other purposes; jointly, to the Committees on Post Office and Civil
Service; the Judiciary.
By Miss COLLINS of Michigan (by request), [17MR]
Cosponsors added, [12MY], [24JN], [18AU]
H.R. 4072--
A bill to amend the Worker Adjustment and Retraining Notification Act to
minimize the adverse effects of employment dislocation, and for
other purposes; to the Committee on Education and Labor.
By Mr. FORD of Michigan, [17MR]
Cosponsors added, [4AU]
H.R. 4073--
A bill to amend the Solid Waste Disposal Act to permit States and
counties to limit the disposal of out-of-State solid waste, and for
other purposes; to the Committee on Energy and Commerce.
By Mr. GREENWOOD (for himself, Mr. Clinger, Mr. Murtha, Mr. McDade,
Mr. Holden, Mr. Walker, Mr. Gekas, Mr. Murphy, Mr. Ridge, Mr. Klink,
Mr. Santorum, Mr. Kanjorski, Mr. McHale, Mr. Shuster, Mr. Goodling,
and Ms. Margolies-Mezvinsky), [17MR]
Cosponsors added, [21MR]
H.R. 4074--
A bill to require the Secretary of the Treasury to mint coins in
commemoration of the National Law Enforcement Officers Memorial, and
for other purposes; jointly, to the Committees on Banking, Finance
and Urban Affairs; Natural Resources.
By Mr. HOYER (for himself, Mr. Stupak, and Mr. Lightfoot), [17MR]
Cosponsors added, [13AP], [4MY], [11MY], [19MY], [9JN], [17JN],
[30JN], [19JY], [1AU], [4AU], [9AU], [12SE], [4OC]
H.R. 4075--
A bill to establish a rapid deployment force; to the Committee on the
Judiciary.
By Mrs. KENNELLY, [17MR]
H.R. 4076--
A bill to amend the Federal Home Loan Bank Act to provide for the
representation of Guam and the Virgin Islands on the boards of
directors of the appropriate Federal home loan banks; to the
Committee on Banking, Finance and Urban Affairs.
By Mr. UNDERWOOD (for himself and Mr. de Lugo), [17MR]
H.R. 4077--
A bill to establish a code of fair information practices for health
information, to amend section 552a of title 5, United States Code,
and for other purposes; jointly, to the Committees on Government
Operations; the Judiciary; Energy and Commerce.
By Mr. CONDIT (for himself, Mr. Conyers, and Ms. Velazquez), [17MR]
Cosponsors added, [12MY], [13JY], [2AU]
H.R. 4078--
A bill to amend the act establishing the Golden Gate National Recreation
Area, and for other purposes; to the Committee on Natural Resources.
By Mr. DUNCAN (for himself, Mr. Calvert, Mr. Cunningham, Mr.
Doolittle, Mr. Dornan, Mr. Gallegly, Mr. Kim, Mr. Pombo, Mr.
Rohrabacher, Mr. Andrews of New Jersey, Ms. Danner, Mr. Penny, Mr.
Peterson of Minnesota, Mr. Poshard, Mr. Allard, Mr. Armey, Mr.
Bachus of Alabama, Mr. Baker of Louisiana, Mr. Ballenger, Mr.
Bartlett of Maryland, Mr. Bateman, Mr. Boehner, Mr. Burton of
Indiana, Mr. Buyer, Mr. Canady, Mr. Crane, Ms. Dunn, Mr. Ewing, Mr.
Fawell, Mr. Gillmor, Mr. Gingrich, Mr. Goodling, Mr. Gunderson, Mr.
Hancock, Mr. Hansen, Mr. Hefley, Mr. Hobson, Mr. Inglis of South
Carolina, Mr. Inhofe, Mr. Klug, Mr. Kyl, Mr. Lazio, Mr. Lewis of
Florida, Mr. McCandless, Mr. McInnis, Mr. Michel, Mr. Miller of
Florida, Mr. Oxley, Mr. Paxon, Mr. Portman, Mr. Quillen, Mr.
Roberts, Mr. Shays, Mr. Solomon, Mr. Smith of Oregon, Mr. Smith of
Texas, Mr. Stearns, Mr. Sundquist, Mr. Taylor of North Carolina, Mr.
Thomas of Wyoming, Mrs. Vucanovich, Mr. Walsh, Mr. Young of Alaska,
Mr. Zeliff, and Mr. Zimmer), [17MR]
Cosponsors added, [18MR], [21MR], [23MR], [12AP], [20AP], [28AP],
[26MY]
H.R. 4079--
A bill to reform habeas corpus; to the Committee on the Judiciary.
By Mr. HYDE, [17MR]
H.R. 4080--
A bill to suspend until January 1, 1998, the duty on di-pentaerythritol;
to the Committee on Ways and Means.
By Ms. KAPTUR, [17MR]
H.R. 4081--
A bill to establish a Congressional Office for Public Opinion Research
and Assessment; to the Committee on House Administration.
By Mr. KLINK (for himself and Ms. McKinney), [17MR]
Cosponsors added, [17JN]
H.R. 4082--
A bill to require the Secretary of the Interior to convey the William H.
Donham State Fish Hatchery to the State of Arkansas; to the
Committee on Merchant Marine and Fisheries.
By Ms. LAMBERT, [17MR]
H.R. 4083--
A bill to amend the Wild and Scenic Rivers Act by designating the Lower
Salmon River in Idaho as a component of the National Wild and Scenic
Rivers System, and for other purposes; to the Committee on Natural
Resources.
By Mr. LaROCCO, [17MR]
Reported with amendment (H. Rept. 103-788), [3OC]
H.R. 4084--
A bill to amend the Community Services Block Grant Act to establish a
new community initiative program to carry out economic development
activities in economically distressed communities, to make other
amendments to the Community Services Block Grant, and for other
purposes; to the Committee on Education and Labor.
By Mr. MARTINEZ (for himself, Mr. Ford of Michigan, Mr. Owens, Mr.
Scott, and Mr. Baesler), [17MR]
H.R. 4085--
A bill to amend the Low-Income Home Energy Assistance Act of 1981 to
authorize appropriations for fiscal years 1986 through 1999, remove
impediments to the exercise of States' discretion to shape their
programs and to concentrate their resources on those with the
greatest home energy needs, and for other purposes; jointly, to the
Committees on Education and Labor; Energy and Commerce.
By Mr. MARTINEZ (for himself, Mr. Sharp, Mr. Ford of Michigan, and Mr.
Dingell), [17MR]
H.R. 4086--
A bill to establish a youth development grant program, and for other
purposes; to the Committee on Education and Labor.
By Mr. PAYNE of New Jersey (for himself and Mrs. Morella), [17MR]
Cosponsors added, [8JN], [12JY], [26JY], [19SE], [4OC]
H.R. 4087--
A bill to amend title 18, United States Code, to prevent Federal
prisoners from engaging in activities to increase their strength or
fighting ability while in prison; to the Committee on the Judiciary.
By Ms. PRYCE of Ohio (for herself and Mr. Stupak), [17MR]
Cosponsors added, [24MR]
H.R. 4088--
A bill to amend title 38, United States Code, to provide a cost-of-
living adjustment in the rates of disability compensation for
veterans with service-connected disabilities and the rates of
dependency and indemnity compensation for survivors of such
veterans; to the Committee on Veterans' Affairs.
By Mr. SLATTERY, [17MR]
Cosponsors added, [30JN], [21JY], [26JY], [29JY], [3AU], [4AU]
Reported with amendments (H. Rept. 103-668), [4AU]
Rules suspended. Passed House amended, [8AU]
Laid on the table (S. 1927 passed in lieu), [8AU]
H.R. 4089--
A bill to amend the Internal Revenue Code of 1986 to increase the tax on
tobacco products, and for other purposes; to the Committee on Ways
and Means.
By Mr. STARK (for himself, Mr. Durbin, Mr. Hansen, Mr. Waxman, Mr.
Synar, Mr. Evans, Mr. Oberstar, Mr. Andrews of Texas, Mr. Meehan,
Mr. Visclosky, Ms. Harman, Ms. Roybal-Allard, and Mr. Markey),
[17MR]
Cosponsors added, [26AP]
H.R. 4090--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Seascape; to the
Committee on Merchant Marine and Fisheries.
By Mr. McMILLAN, [17MR]
H.R. 4091--
A bill to amend the Federal Food, Drug, and Cosmetic Act to revise the
authority under that act to regulate pesticide chemical residues in
food; to the Committee on Energy and Commerce.
By Mr. WAXMAN (for himself, Mr. Synar, and Mr. Torres), [18MR]
Cosponsors added, [20AP], [26AP], [3MY], [5MY], [23MY], [8JN], [14JN],
[21JN], [27JN], [12JY], [19JY], [29JY], [2AU], [12SE], [16SE],
[26SE], [28SE], [30SE]
H.R. 4092--
A bill to control and prevent crime; jointly, to the Committees on the
Judiciary; Education and Labor; Energy and Commerce; Banking,
Finance and Urban Affairs; Government Operations.
By Mr. BROOKS (for himself, Mr. Edwards of California, Mr. Hughes, and
Mr. Schumer), [18MR]
Considered, [23MR], [14AP], [19AP], [20AP]
Passed House amended, [21AP]
Laid on table, [26AP]
H.R. 4093--
A bill to secure the voting rights of former felons who have been
released from incarceration; to the Committee on the Judiciary.
By Mr. CONYERS, [18MR]
H.R. 4094--
A bill to require that a study be conducted with respect to the medical
benefits and services that are available to individuals by virtue of
being Members of Congress; to the Committee on House Administration.
By Mr. BILIRAKIS, [21MR]
Cosponsors added, [24MR], [14AP]
H.R. 4095--
A bill to repeal the medicare and medicaid coverage data bank, and for
other purposes; jointly, to the Committees on Ways and Means; Energy
and Commerce.
By Mrs. FOWLER, [21MR]
Cosponsors added, [24MR], [13AP], [14AP], [20AP], [28AP], [5MY],
[18MY], [19MY], [25MY], [26MY], [9JN], [10JN], [15JN], [27JN],
[12JY], [19JY], [12AU], [18AU]
H.R. 4096--
A bill to ensure that certain unresolved commercial disputes between
American firms and Saudi Arabia are resolved satisfactorily; to the
Committee on Foreign Affairs.
By Mr. HILLIARD, [21MR]
Cosponsors added, [25MY], [7OC]
H.R. 4097--
A bill to reform the Federal regulation of depository institution
service corporations; to the Committee on Banking, Finance and Urban
Affairs.
By Mr. LEACH, [21MR]
H.R. 4098--
A bill to suspend through September 30, 1995, the duty on certain
textile manufacturing machinery; to the Committee on Ways and Means.
By Mr. MONTGOMERY, [21MR]
Cosponsors added, [23MR]
H.R. 4099--
A bill to amend the Internal Revenue Code of 1986 to index the basis of
certain assets for purposes of determining gain; to the Committee on
Ways and Means.
By Mr. MORAN, [21MR]
H.R. 4100--
A bill to limit the Seawolf submarine program to two vessels and to
limit the costs of procurement of those vessels; to the Committee on
Armed Services.
By Mr. PORTER, [21MR]
Cosponsors added, [12AP], [19AP], [21AP], [25AP], [26AP], [2MY],
[3MY], [5MY], [9MY], [10MY], [12MY], [21JN], [29JN]
H.R. 4101--
A bill to amend title 28, United States Code, to create a southern
division in the Northern
[[Page 2616]]
Judicial District of Illinois; to the Committee on the Judiciary.
By Mr. SANGMEISTER (for himself, Mr. Lipinski, and Mr. Costello),
[21MR]
H.R. 4102--
A bill for the relief of Jacques H. Mims; to the Committee on the
Judiciary.
By Mr. McCOLLUM, [21MR]
H.R. 4103--
A bill to codify regulations restricting the sale and donation of excess
firearms owned or held by Federal agencies; to the Committee on
Government Operations.
By Mr. CASTLE, [22MR]
H.R. 4104--
A bill to suspend until January 1, 1996, the duty on certain chemicals;
to the Committee on Ways and Means.
By Mr. HOLDEN (for himself and Mr. McMillan), [22MR]
H.R. 4105--
A bill to make improvements in the old-age, survivors, and disability
insurance program under title II of the Social Security Act; to the
Committee on Ways and Means.
By Mr. JACOBS (for himself, Mrs. Kennelly, Mr. Bunning, Mr. Houghton,
and Mrs. Meek of Florida), [22MR]
Cosponsors added, [21AP]
H.R. 4106--
A bill to amend the Internal Revenue Code of 1986 to exclude national
service educational awards from gross income; to the Committee on
Ways and Means.
By Mrs. KENNELLY, [22MR]
Cosponsors added, [26AP], [12MY], [14JN], [26JY]
H.R. 4107--
A bill to amend the Radiation Exposure Compensation Act to remove the
requirement that exposure resulting in stomach cancer occur before
age 30, and for other purposes; to the Committee on the Judiciary.
By Mrs. MINK of Hawaii, [22MR]
H.R. 4108--
A bill to prohibit contingency fees in lobbying; to the Committee on the
Judiciary.
By Mr. SCHUMER, [22MR]
H.R. 4109--
A bill to prohibit contingency fees in lobbying; to the Committee on the
Judiciary.
By Mr. SCHUMER, [22MR]
Cosponsors added, [25AP], [28AP], [2MY], [5MY], [23MY], [24MY], [13JN]
H.R. 4110--
A bill to provide for the imposition of enhanced criminal penalties for
carrying a firearm during and in relation to a crime of violence; to
the Committee on the Judiciary.
By Mr. WILLIAMS, [22MR]
H.R. 4111--
A bill to authorize appropriations for the National Railroad Passenger
Corporation, and for other purposes; to the Committee on Energy and
Commerce.
By Mr. SWIFT (by request), [22MR]
Reported with amendment (H. Rept. 103-698), [11AU]
H.R. 4112--
A bill to amend title 10, United States Code, to provide certain
procedural and administrative safeguards for members of the Armed
Forces making allegations of sexual harassment or unlawful
discrimination; to the Committee on Armed Services.
By Mr. DELLUMS (for himself, Mr. Spence, Mr. Skelton, Mr. Underwood,
Mr. Kyl, Mr. Bilbray, Mr. Montgomery, Mrs. Schroeder, Mr. Lancaster,
Mr. Hochbrueckner, Mrs. Lloyd, Ms. Furse, Mr. McHale, Ms. Harman,
Mr. Meehan, Mr. Pete Geren of Texas, Mr. Andrews of Maine, Mr.
Abercrombie, Mr. Dornan, Mr. Sisisky, Mr. McCloskey, Mr. Tejeda, Mr.
Hansen, Mr. Pickett, Mr. McCurdy, and Mr. Torkildsen), [23MR]
H.R. 4113--
A bill to amend title 18, United States Code, to prohibit the practice
by mental health care providers of using bounty hunters to attract
patients for treatment; to the Committee on the Judiciary.
By Mr. BRYANT, [23MR]
H.R. 4114--
A bill to provide for sanctions against Haiti, to halt the interdiction
and return of Haitian refugees, and for other purposes; jointly, to
the Committees on Ways and Means; Foreign Affairs; Public Works and
Transportation; the Judiciary; Banking, Finance and Urban Affairs.
BY Mr. DELLUMS (for himself, Mr. Payne of New Jersey, Mr. Owens, Mr.
Rangel, Mr. Mfume, Mr. Franks of Connecticut, Ms. Brown of Florida,
Mr. Conyers, Ms. Eddie Bernice Johnson of Texas, Mrs. Meek of
Florida, Mr. Bishop, Mr. Blackwell, Mr. Clay, Mrs. Clayton, Mr.
Clyburn, Ms. Collins of Michigan, Mrs. Collins of Illinois, Mr.
Dixon, Mr. Fields of Louisiana, Mr. Flake, Mr. Ford of Tennessee,
Mr. Hilliard, Mr. Hastings, Mr. Jefferson, Mr. Lewis of Georgia, Ms.
McKinney, Ms. Norton, Mr. Reynolds, Mr. Rush, Mr. Scott, Mr. Stokes,
Mr. Thompson, Mr. Towns, Mr. Tucker, Mr. Washington, Ms. Waters, Mr.
Watt, Mr. Wheat, and Mr. Wynn), [23MR]
Cosponsors added, [19AP], [4MY], [8JN], [21JY], [9AU]
H.R. 4115--
A bill to condition the lifting of sanctions on Serbia and Montenegro
upon improvements in Kosova, and for other purposes; jointly, to the
Committees on Foreign Affairs; Banking, Finance and Urban Affairs;
Public Works and Transportation.
By Mr. ENGEL (for himself, Ms. Molinari, Mr. Serrano, Mr. King, Ms.
Lowey, and Mr. Olver), [23MR]
Cosponsors added, [19AP], [12MY], [26MY], [17JN], [29JN], [21JY],
[8AU], [11AU], [21AU]
H.R. 4116--
A bill to amend the Omnibus Crime Control and Safe Streets Act of 1968
to authorize the Director of the Bureau of Justice Assistance to
make grants to programs that create safe corridors for senior
citizens; to the Committee on the Judiciary.
By Mr. FOGLIETTA (for himself, Mr. Hilliard, Mr. Conyers, and Mr.
Borski), [23MR]
Cosponsors added, [12AP], [28AP], [12JY], [28JY], [10AU], [17AU]
H.R. 4117--
A bill to amend section 13031 of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (relating to fees for certain customs
services) to create an exemption from fees for certain small
aircraft traveling short distances; to the Committee on Ways and
Means.
By Mr. GILLMOR, [23MR]
H.R. 4118--
A bill to provide for necessary medical care for former civilian
prisoners of war; jointly, to the Committees on Veterans' Affairs;
Education and Labor.
By Mr. GENE GREEN of Texas, [23MR]
Cosponsors added, [5MY], [22JN], [21JY], [1AU], [12AU], [20SE],
[27SE], [7OC], [29NO]
H.R. 4119--
A bill to declare that certain public domain lands are held in trust for
the Confederated Tribes of Siletz Indians of Oregon, and for other
purposes; to the Committee on Natural Resources.
By Mr. KOPETSKI, [23MR]
H.R. 4120--
A bill to require the Federal Government to incarcerate, or to reimburse
State and local governments for the cost of incarcerating, criminal
aliens, and to expedite the deportation and exclusion of criminal
aliens; jointly, to the Committees on the Judiciary; Foreign
Affairs.
By Mr. POMBO, [23MR]
H.R. 4121--
A bill to confirm limitations on the height of buildings and roof
structures in the District of Columbia, to expand the authority of
the National Capital Planning Commission to enforce such
limitations, and for other purposes; to the Committee on the
District of Columbia.
By Mr. STARK, [23MR]
H.R. 4122--
A bill to temporarily extend certain provisions of the Marine Mammal
Protection Act; to the Committee on Merchant Marine and Fisheries.
By Mr. YOUNG of Alaska, [23MR]
Committee discharged. Passed House, [24MR]
Passed Senate, [25MR]
Presented to the President (March 30, 1994)
Approved [Public Law 103-228] (signed March 31, 1994)
H.R. 4123--
A bill to extend certain provisions of the Marine Mammal Protection Act;
to the Committee on Merchant Marine and Fisheries.
By Mr. YOUNG of Alaska, [23MR]
H.R. 4124--
A bill to amend title 38, United States Code, to reform health care
policy in the Department of Veterans Affairs; to the Committee on
Veterans' Affairs.
By Mr. MONTGOMERY (for himself and Mr. Rowland), [24MR]
Cosponsors added, [12AP], [13AP], [25AP], [12MY], [17MY], [9JN],
[22JN], [18JY], [21JY], [8AU]
H.R. 4125--
A bill to improve the national flood insurance program to increase the
stability of the National Flood Insurance Fund through improved risk
management, enhanced compliance, and incentives for mitigation, and
for other purposes; to the Committee on Banking, Finance and Urban
Affairs.
By Mr. HUGHES (for himself and Mr. Saxton), [24MR]
H.R. 4126--
A bill to offer States a national welfare reform option and incentives
to implement the welfare reform option, to strengthen child support
enforcement, to provide all States with the flexibility and
resources necessary to promote work and self-sufficiency, to expand
access to affordable child care, and for other purposes; jointly, to
the Committees on Ways and Means; Education and Labor.
By Ms. LOWEY (for herself, Mr. Lewis of Georgia, Mr. Frost, Mr.
Parker, Mr. Gene Green of Texas, and Mr. Faleomavaega), [24MR]
Cosponsors added, [21AP]
H.R. 4127--
A bill to require the Secretary of the Treasury to biannually pay to
State and local governments compensation for direct costs incurred
by those governments in complying with Federal mandates; to the
Committee on Government Operations.
By Mr. BARCA of Wisconsin (for himself, Mr. Hansen, Mr. Thomas of
Wyoming, Mr. Condit, and Mr. Peterson of Minnesota), [24MR]
Cosponsors added, [20AP]
H.R. 4128--
A bill to require providers of home infusion therapy services to be
licensed and to limit physician referrals for services in which the
physician has a financial interest; jointly, to the Committees on
Energy and Commerce; Ways and Means.
By Mr. BROWN of Ohio (for himself, Mr. Dingell, Mr. Waxman, and Mr.
Stokes), [24MR]
Cosponsors added, [19AP], [5MY]
H.R. 4129--
A bill to provide needed credit and financial services to rural
residents, public services, and business enterprises, and for other
purposes; to the Committee on Agriculture.
By Mrs. CLAYTON, [24MR]
Cosponsors added, [13AP], [20AP], [3MY], [12MY], [9JN], [15JN],
[29JN], [19JY], [8AU], [7OC]
Cosponsors removed, [5OC]
H.R. 4130--
A bill to require that all Federal recurring payments be paid by
electronic funds transfer, and for other purposes; to the Committee
on Government Operations.
By Mr. DARDEN (for himself, Mr. Lightfoot, and Mr. Hoyer), [24MR]
Cosponsors added, [28AP]
H.R. 4131--
A bill to amend the Internal Revenue Code of 1986 to make the income tax
more equitable for families; to the Committee on Ways and Means.
By Mr. DARDEN, [24MR]
H.R. 4132--
A bill to amend the Truth in Lending Act to provide for a cap on
consumer credit card interest rates; to the Committee on Banking,
Finance and Urban Affairs.
By Mr. GEJDENSON, [24MR]
Cosponsors added, [17MY], [8AU], [13SE], [7OC]
H.R. 4133--
A bill to expand the Tree Assistance Program of the Department of
Agriculture to assist agriculture producers to pay the costs of
replanting commercially grown trees and seedlings, ornamental
plants, and other perennial plants that are destroyed by damaging
weather or related condition and to change the manner of determining
crop yields for trees and seedlings, ornamental plants, and other
perennial plants for purposes of emergency crop loss assistance; to
the Committee on Agriculture.
By Mr. GRANDY (for himself, Mr. Rose, Mr. Lewis of Florida, Mr.
Lightfoot, Mr. Leach, and Mr. Nussle), [24MR]
Cosponsors added, [28AP], [12MY], [26MY], [9JN], [27JN], [19JY]
[[Page 2617]]
H.R. 4134--
A bill to establish a reserve fund to reimburse milk producers for
losses incurred as a result of the bankruptcy of a milk handler that
marketed raw milk from the producers, to provide funds for the
reserve fund through an assessment on all milk handlers, and to
establish a Board of Trustees to administer the reserve fund; to the
Committee on Agriculture.
By Mr. GUNDERSON, [24MR]
H.R. 4135--
A bill to authorize the minting of coins to commemorate the 175th
anniversary of the founding of the U.S. Botanic Garden; to the
Committee on Banking, Finance and Urban Affairs.
By Mr. HALL of Texas (for himself, Mr. Roemer, Mrs. Johnson of
Connecticut, Mr. Murphy, Mr. Lewis of California, Mr. Wheat, and Mr.
Darden), [24MR]
Cosponsors added, [14AP], [19AP], [21AP], [5MY], [12MY], [18MY],
[25MY], [26MY], [10JN], [16JN], [13JY], [1AU]
H.R. 4136--
A bill to amend title II of the Social Security Act to institute certain
reforms relating to the provision of disability insurance benefits
based on substance abuse and relating to representative payees, and
for other purposes; to the Committee on Ways and Means.
By Mr. HERGER (for himself, Mr. Kleczka, Mr. McDade, Mr. Condit, Mr.
Lewis of Florida, Mr. Poshard, Mr. Emerson, Mr. Moran, Mr. Buyer,
Mr. McHugh, Mr. Oxley, Mr. Hansen, Mr. Hefley, Mr. Ewing, Mr. Pombo,
Mr. Bonilla, Mr. DeLay, Mr. Hastert, Mr. Doolittle, Mr. Baker of
California, Mr. Fawell, Mr. Baker of Louisiana, and Mr. Mann),
[24MR]
Cosponsors added, [10JN]
H.R. 4137--
A bill to amend the National Security Act of 1947 to improve
counterintelligence measures through enhanced security for
classified information, and for other purposes; jointly, to the
Committees on Select Intelligence; the Judiciary; Banking, Finance
and Urban Affairs; Post Office and Civil Service.
By Mr. HYDE (for himself and Mr. Wilson), [24MR]
Cosponsors added, [11MY], [26MY], [12JY], [20SE]
H.R. 4138--
A bill to amend the Internal Revenue Code of 1986 to provide that the
amount of an overpayment otherwise payable to any person shall be
reduced by the amount of past-due, legally enforceable State tax
obligations of such person; to the Committee on Ways and Means.
By Mr. JACOBS (for himself, Mr. Grandy, Ms. Waters, Mr. Mazzoli, Mr.
Frank of Massachusetts, Mr. Blute, Mr. Wynn, and Mr. Burton of
Indiana), [24MR]
Cosponsors added, [14AP], [21AP], [28AP], [20MY], [14JY], [29JY],
[19AU], [20SE]
H.R. 4139--
A bill to authorize the use of the general counsel of the Department of
Agriculture and other attorneys in collecting claims and obligations
under the farm loan programs carried out by the Farmers Home
Administration; to the Committee on Agriculture.
By Mr. JOHNSON of South Dakota (for himself, Mr. Combest, Mr. Pomeroy,
Mr. Rose, Mr. Penny, Ms. Long, Mr. Inslee, Mr. Kingston, Mr.
Sarpalius, Mr. Minge, Mr. Holden, and Mr. Glickman), [24MR]
Cosponsors added, [12AP]
H.R. 4140--
A bill to amend the Bankruptcy Act to make small business investment
companies and specialized small business investment companies
ineligible to file bankruptcy, and for other purposes; to the
Committee on the Judiciary.
By Mr. LaFALCE, [24MR]
H.R. 4141--
A bill to amend section 8 of the United States Housing Act of 1937 to
provide rental assistance to obtain new residences for families
residing in dwelling units assisted under such section or in public
housing, who provide information regarding criminal activity to law
enforcement agencies and are subject to violence because of
providing such information; to the Committee on Banking, Finance and
Urban Affairs.
By Mr. LAZIO (for himself, Mrs. Roukema, Mr. Schumer, Mr. Penny, Mr.
Baker of Louisiana, Mr. Flake, Mr. Knollenberg, Mr. Bereuter, Mr.
Blute, Mr. Ewing, Mr. McCandless, Mr. Rangel, Mr. Ackerman, Mr.
Fish, Mr. Gunderson, Mr. Calvert, Ms. Pryce of Ohio, and Mr. Frost),
[24MR]
H.R. 4142--
A bill to prohibit U.S. foreign assistance to countries that restrict
the transport or delivery of U.S. humanitarian assistance to other
countries; to the Committee on Foreign Affairs.
By Mr. LEHMAN (for himself, Mr. Berman, Mr. Smith of New Jersey, Mr.
Frank of Massachusetts, Mr. Moorhead, Mr. Pallone, Mr. Bilbray, Mr.
Torres, Mr. Andrews of New Jersey, Mr. Bonior, Mr. Kennedy, Mrs.
Roukema, Mr. Klein, and Mr. Menendez), [24MR]
Cosponsors added, [13AP], [20AP], [26AP], [11MY], [16MY], [26MY],
[10JN], [17JN], [22JN], [27JN], [14JY], [22JY], [2AU], [4AU],
[18AU], [13SE], [22SE], [27SE], [28SE], [30SE], [6OC], [7OC]
H.R. 4143--
A bill to authorize the Secretary of Housing and Urban Development to
make grants to nonprofit community organizations for the development
of open space on municipally owned vacant lots in urban areas; to
the Committee on Banking, Finance and Urban Affairs.
By Mrs. MALONEY (for herself, Mr. Schumer, Mr. Klein, Mr. Deutsch, Mr.
Gutierrez, Mr. Foglietta, Mr. Towns, Mr. Owens, Mr. Nadler, Mr.
Payne of New Jersey, Mr. Scott, Mr. Filner, Mr. Lipinski, Mr.
Menendez, and Mr. Hilliard), [24MR]
Cosponsors added, [13AP], [18MY]
H.R. 4144--
A bill to amend the Internal Revenue Code of 1986 with respect to the
treatment of crops destroyed by casualty; to the Committee on Ways
and Means.
By Mr. MATSUI, [24MR]
H.R. 4145--
A bill to require the Attorney General and the Secretary of State to
designate Ireland as a pilot program country for purposes of this
visa waiver pilot program; to the Committee on the Judiciary.
By Mr. McCLOSKEY (for himself, Mr. Machtley, Mr. Moakley, Mr. Neal of
Massachusetts, Mr. Kennedy, Mr. Frank of Massachusetts, Mr. Schumer,
Mr. Quinn, Mr. Walsh, Mr. Applegate, Mr. Calvert, Mr. Conyers, Mr.
Coyne, Mr. Gilman, Mrs. Maloney, Mr. Manton, and Ms. Molinari),
[24MR]
H.R. 4146--
A bill to amend the Federal Deposit Insurance Act to clarify provisions
intended to protect the Corporation from having bank loans or other
assets diluted by secret side agreements; to the Committee on
Banking, Finance and Urban Affairs.
By Mr. McCOLLUM (for himself, Mr. Deutsch, Mr. Torkildsen, and Mr.
Rowland), [24MR]
Cosponsors added, [26AP], [29JN]
H.R. 4147--
A bill to establish the Hudson and Mohawk Rivers National Heritage
Corridor in the State of New York, and for other purposes; to the
Committee on Natural Resources.
By Mr. McNULTY, [24MR]
H.R. 4148--
A bill to establish the National Commission on Gay and Lesbian Youth
Suicide Prevention; to the Committee on Energy and Commerce.
By Mr. MEEHAN, [24MR]
Cosponsors added, [12AP], [19AP], [21AP], [28AP], [3MY], [5MY],
[12MY], [25MY], [26MY], [17JN], [22JN]
H.R. 4149--
A bill to amend title 10, United States Code, to provide a charter for
the National Guard Bureau, otherwise to improve the administration
of the National Guard, and for other purposes; to the Committee on
Armed Services.
By Mr. MONTGOMERY, [24MR]
H.R. 4150--
A bill to amend the Fair Labor Standards Act of 1938 to make uniform the
application of the overtime exemption for inside sales personnel; to
the Committee on Education and Labor.
By Mr. MURPHY (for himself, Mr. Petri, Mr. Andrews of New Jersey, and
Mr. Fawell), [24MR]
Cosponsors added, [8JN], [21JN]
H.R. 4151--
A bill to amend title 35, United States Code, to provide for the
compulsory licensing of the patents for certain products which have
not been commercially marketed or used; to the Committee on the
Judiciary.
By Mr. NADLER, [24MR]
H.R. 4152--
A bill to authorize the Attorney General to provide grants for domestic
court advocacy programs; to the Committee on the Judiciary.
By Mr. OLVER, [24MR]
H.R. 4153--
A bill to amend the Agricultural Credit Act of 1987 to expand the types
of agricultural issues covered by State mediation programs; to the
Committee on Agriculture.
By Mr. POMEROY (for himself, Mr. Baesler, Mr. Holden, Ms. Long, Mr.
Peterson of Minnesota, Mr. Sarpalius, Mr. Slattery, and Mr. Tejeda),
[24MR]
H.R. 4154--
A bill to amend section 377 of title 28, United States Code, to
designate certain retired bankruptcy judges and magistrate judges as
senior judges; to the Committee on the Judiciary.
By Mr. REED, [24MR]
H.R. 4155--
A bill to provide for the management of Federal lands in a manner that
does not undermine or frustrate traditional Native American
religions or religious practices; to the Committee on Natural
Resources.
By Mr. RICHARDSON, [24MR]
Cosponsors added, [28AP], [9JN]
H.R. 4156--
A bill to amend title 38, United States Code, to add bronchioloalveolar
carcinoma to the list of diseases presumed to be service-connected
for certain radiation-exposed veterans; to the Committee on
Veterans' Affairs.
By Mr. SMITH of New Jersey, [24MR]
H.R. 4157--
A bill to transfer the lands administered by the Bureau of Land
Management to the State in which the lands are located; to the
Committee on Natural Resources.
By Mr. THOMAS of Wyoming (for himself, Mr. Hansen, Mr. Skeen, Mr.
Allard, Mr. Boehner, Mr. Calvert, Mr. Cunningham, Mr. DeLay, Mr.
Doolittle, Mr. Duncan, Mr. Emerson, Mr. Gallegly, Mr. Hefley, Mr.
Kolbe, Mr. Lewis of California, Mr. Livingston, Mr. McCandless, Mr.
McInnis, Mr. Pombo, Mr. Roberts, Mr. Schaefer, Mr. Smith of Oregon,
Mr. Stump, Mr. Taylor of North Carolina, Mrs. Vucanovich, and Mr.
Young of Alaska), [24MR]
H.R. 4158--
A bill to establish the Lower East Side Tenement Museum National
Historic Site; to the Committee on Natural Resources.
By Ms. VELAZQUEZ, [24MR]
Cosponsors added, [5MY], [17MY], [15JN], [22JN], [27JN]
Reported with amendments (H. Rept. 103-642), [1AU]
Rules suspended. Failed of passage, [1AU]
H.R. 4159--
A bill to encourage gainful employment among the residents of public
housing, and for other purposes; to the Committee on Banking,
Finance and Urban Affairs.
By Ms. WATERS (for herself and Mr. Bishop), [24MR]
Cosponsors added, [18MY]
H.R. 4160--
A bill to amend the Federal Food, Drug, and Cosmetic Act, the Public
Health Service Act, and the Orphan Drug Act to revise the provisions
of such Acts relating to orphan drugs; to the Committee on Energy
and Commerce.
By Mr. WAXMAN (for himself and Mr. Studds), [24MR]
H.R. 4161--
A bill to amend the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 to make comprehensive improvements in
provisions relating to liability, State implementation, remedy
selection, and funding; jointly, to the Committees on Energy and
Commerce; Public Works and Transportation; Ways and Means.
By Mr. ZELIFF, [24MR]
Cosponsors added, [26MY], [10JN], [22JN], [19JY], [19AU]
H.R. 4162--
A bill to grant authority to provide social services block grants
directly to Indian tribes; to the Committee on Ways and Means.
By Mr. ZELIFF, [24MR]
Cosponsors added, [4MY], [9JN], [28JN], [27JY], [28JY], [29JY], [1AU],
[3AU]
[[Page 2618]]
H.R. 4163--
A bill to enable the Park Service to regulate, or prohibit, scenic
commercial overflights at units of the National Park System;
jointly, to the Committees on Natural Resources; Public Works and
Transportation.
By Mr. WILLIAMS (for himself, Mrs. Mink of Hawaii, Mr. DeFazio, Ms.
Shepherd, Mr. Upton, and Mr. Stark), [24MR]
Cosponsors added, [21JN], [14JY], [6OC], [7OC]
H.R. 4164--
A bill to clear certain impediments to the licensing of a vessel for
employment in the coastwise trade and fisheries of the United
States; to the Committee on Merchant Marine and Fisheries.
By Mr. GILCHREST, [24MR]
H.R. 4165--
A bill to amend the United States Housing Act of 1937 to authorize the
Secretary of Housing and Urban Development to enter into contracts
with high-performing public housing agencies to provide for the
development of public housing in a manner that eliminates time-
consuming interim review procedures otherwise required; to the
Committee on Banking, Finance and Urban Affairs.
By Mr. BEREUTER, [12AP]
H.R. 4166--
A bill to amend the District of Columbia Self-Government and
Governmental Reorganization Act to revise and reauthorize the use of
a formula based on adjusted District General Fund revenues as the
basis for determining the amount of the annual Federal payment to
the District of Columbia, and for other purposes; to the Committee
on the District of Columbia.
By Mr. BLILEY (for himself, Mr. Rohrabacher, Mr. Saxton, and Mr.
Ballenger), [12AP]
H.R. 4167--
A bill to amend title XVIII of the Social Security Act to provide for
coverage of colorectal screening under part B of the Medicare
Program; jointly, to the Committees on Ways and Means; Energy and
Commerce.
By Mr. CARDIN, [12AP]
H.R. 4168--
A bill to amend the Internal Revenue Code of 1986 with respect to the
treatment of accelerated death benefits under life insurance
contracts; to the Committee on Ways and Means.
By Mr. FRANK of Massachusetts, [12AP]
H.R. 4169--
A bill to amend title I of the Housing and Community Development Act of
1974 to provide that activities to bring structures and sites into
compliance with building, health and safety, and environmental laws
and ordinances shall be activities eligible for assistance under
such title; to the Committee on Banking, Finance and Urban Affairs.
By Mr. MACHTLEY, [12AP]
Cosponsors added, [12JY]
H.R. 4170--
A bill to amend the Federal Deposit Insurance Act and the Federal Credit
Union Act to require insured depository institutions to include
information on derivative financial instruments in reports of
condition, and for other purposes; to the Committee on Banking,
Finance and Urban Affairs.
By Mr. GONZALEZ, [12AP]
H.R. 4171--
A bill to require modification of the Federal acquisition regulation to
provide for timely payment of subcontractors and suppliers
performing on contracts awarded by the United States, and for other
purposes; to the Committee on Government Operations.
By Mr. MACHTLEY (for himself and Mrs. Meyers of Kansas), [12AP]
H.R. 4172--
A bill to amend the Small Business Act to increase authorization levels
for the small business development center program; to the Committee
on Small Business.
By Mr. MACHTLEY, [12AP]
Cosponsors added, [12JY]
H.R. 4173--
A bill to amend the Small Business Act to provide for expanded
participation in the microloan demonstration program; to the
Committee on Small Business.
By Mr. MACHTLEY, [12AP]
Cosponsors added, [12JY]
H.R. 4174--
A bill to amend the Small Business Act to authorize appropriations for
deferred participation loans to small business concerns
detrimentally affected by defense reductions, and for other
purposes; to the Committee on Small Business.
By Mr. MACHTLEY, [12AP]
H.R. 4175--
A bill to amend the Small Business Act to provide financial assistance
to small businesses operating in urban empowerment zones and
enterprise communities and to amend the Internal Revenue Code of
1986 to allow individuals an exclusion for capital gain from new
investments in those small businesses; jointly, to the Committees on
Small Business; Ways and Means.
By Mr. MACHTLEY, [12AP]
H.R. 4176--
A bill to amend the Immigration and Nationality Act to authorize
appropriations for refugee and entrant assistance for fiscal years
1995 and 1996; to the Committee on the Judiciary.
By Mr. MAZZOLI (by request), [12AP]
H.R. 4177--
A bill to designate the Post Office building located at 1601 Highway 35
in Middletown, NJ, as the ``Candace White United States Post
Office''; to the Committee on Post Office and Civil Service.
By Mr. PALLONE, [12AP]
Rules suspended. Passed House amended, [23MY]
Passed Senate, [27SE]
Presented to the President (September 29, 1994)
Approved [Public Law 103-342] (signed October 6, 1994)
H.R. 4178--
A bill to amend the Federal Credit Reform Act of 1990 to include
administrative costs in the estimated long-term costs to the
Government of direct loans and loan guarantees and to systematically
reduce the Federal credit subsidy rate, and for other purposes;
jointly, to the Committees on Government Operations; Rules.
By Mr. SMITH of Texas (for himself, Mr. Kasich, Mr. Cox, and Mr.
Franks of New Jersey), [12AP]
Cosponsors added, [18AP], [5MY], [21JN], [26JY], [1AU], [18AU]
H.R. 4179--
A bill to amend title I of the Omnibus Crime Control and Safe Streets
Act of 1968 to encourage States to enact Police Officers' Bills of
Rights, to provide standards and protections for the conduct of
internal police investigations, and for other purposes; to the
Committee on the Judiciary.
By Mr. STUPAK, [12AP]
Cosponsors added, [4AU], [18AU]
H.R. 4180--
A bill to prohibit the withdrawal of acknowledgement or recognition of
an Indian tribe or Alaska Native group or of the leaders of an
Indian tribe or Alaska Native group, absent an Act of Congress; to
the Committee on Natural Resources.
By Mr. THOMAS of Wyoming (for himself, Mr. Richardson, Mr. Young of
Alaska, and Mr. Boehlert), [12AP]
Reported with amendment (H. Rept. 103-781), [3OC]
Rules suspended. Passed House amended, [3OC]
Passed Senate amended, [7OC]
Passed Senate, [8OC]
Presented to the President (October 24, 1994)
Approved [Public Law 103-454] (signed November 2, 1994)
H.R. 4181--
A bill to prohibit an agency, or entity, that receives Federal
assistance and is involved in adoption or foster care programs from
delaying or denying the placement of a child based on the race,
color, or national origin of the child or adoptive or foster parent
or parents involved, and for other purposes; to the Committee on
Ways and Means.
By Mr. WHEAT, [12AP]
Cosponsors added, [30JN]
H.R. 4182--
A bill to require the transfer of air emission credits attributable to
the closure of a military installation to the redevelopment
authority established for that installation; jointly, to the
Committees on Armed Services; Energy and Commerce.
By Mr. CONDIT, [13AP]
H.R. 4183--
A bill to authorize the Secretary of Commerce to make grants to State
and local governments for infrastructure projects in distressed
areas, and for other purposes; jointly, to the Committees on Public
Works and Transportation; Education and Labor.
By Ms. COLLINS of Michigan, [13AP]
Cosponsors added, [21JY]
H.R. 4184--
A bill to amend the Job Training Partnership Act to establish a public
works and public service job training program, and for other
purposes; to the Committee on Education and Labor.
By Ms. COLLINS of Michigan, [13AP]
Cosponsors added, [23MY], [21JY]
H.R. 4185--
A bill to establish a Federal Coordinating Council on Community Safety
and Empowerment to make grants for projects to improve the health,
education, and safety of the residents of economically distressed
communities; to the Committee on Education and Labor.
By Ms. COLLINS of Michigan, [13AP]
H.R. 4186--
A bill to provide demonstration grants to local governmental agencies
and community-based organizations for mentor programs; to the
Committee on Education and Labor.
By Ms. COLLINS of Michigan, [13AP]
H.R. 4187--
A bill to amend part A of title IV of the Social Security Act to
strengthen and preserve families, enhance foster care, and develop
qualified child welfare personnel to provide parent education; to
the Committee on Ways and Means.
By Ms. COLLINS of Michigan, [13AP]
H.R. 4188--
A bill to amend section 1738A of title 28, United States Code, relating
to child custody determinations and child support orders, to modify
the requirements for court jurisdiction; to the Committee on the
Judiciary.
By Mr. BILIRAKIS (for himself, Ms. Pryce of Ohio, Mr. Penny, Mr.
Pickett, Mr. Frost, Mr. Hefner, Mr. King, Mr. Sundquist, Mr.
Boehner, Mr. Peterson of Florida, and Mr. Reynolds), [13AP]
Cosponsors added, [28AP], [12MY], [24JN], [12JY]
H.R. 4189--
A bill to amend the Congressional Budget Act of 1974 to provide for
budgeting for emergencies through the establishment of a budget
reserve account, and for other purposes; jointly, to the Committees
on Government Operations; Rules.
By Mr. CASTLE (for himself, Mr. Andrews of New Jersey, Mr. Orton, Mr.
Blute, and Mr. Quinn), [13AP]
Cosponsors added, [26AP], [3MY], [11MY], [17MY], [19MY], [8JN],
[14JN], [27JN], [13JY]
H.R. 4190--
A bill to designate the U.S. post office located at 41-42 Norre Gade in
Saint Thomas, VI, as the ``Alvaro de Lugo United States Post
Office''; to the Committee on Post Office and Civil Service.
By Mr. de LUGO, [13AP]
Rules suspended. Passed House amended, [23MY]
Passed Senate amended, [25AU]
House agreed to Senate amendments, [19SE]
Presented to the President (September 26, 1994)
Approved [Public Law 103-336] (signed October 3, 1994)
H.R. 4191--
A bill to designate the U.S. post office located at 9630 Estate Thomas
in Saint Thomas, VI, as the ``Aubrey C. Ottley United States Post
Office''; to the Committee on Post Office and Civil Service.
By Mr. de LUGO, [13AP]
Rules suspended. Passed House amended, [23MY]
Passed Senate, [27SE]
Presented to the President (September 29, 1994)
Approved [Public Law 103-343] (signed October 6, 1994)
H.R. 4192--
A bill to designate the U.S. post office located at 100 Veterans Drive
in Saint Thomas, VI, as the ``Arturo R. Watlington, Sr. United
States Post Office''; to the Committee on Post Office and Civil
Service.
By Mr. de LUGO, [13AP]
Rules suspended. Passed House amended, [19SE]
Passed Senate, [8OC]
Presented to the President (October 18, 1994)
Approved (Public Law 103-386) (signed October 22, 1994)
[[Page 2619]]
H.R. 4193--
A bill to designate the U.S. post office located at 100 Vester Gade, in
Cruz Bay, Saint John, VI, as the ``Ubaldina Simmons United States
Post Office''; to the Committee on Post Office and Civil Service.
By Mr. de LUGO, [13AP]
Rules suspended. Passed House amended, [19SE]
Passed Senate, [8OC]
Presented to the President (October 25, 1994)
Approved [Public Law 103-455] (signed November 2, 1994)
H.R. 4194--
A bill to designate the U.S. Post Office located in the Tutu Park Mall
in Saint Thomas, VI, as the ``Earle B. Ottley United States Post
Office''; to the Committee on Post Office and Civil Service.
By Mr. de LUGO, [13AP]
Rules suspended. Passed House amended, [19SE]
H.R. 4195--
A bill to amend the Internal Revenue Code of 1986 to allow a credit to
individuals who maintain a household which includes an elderly low-
income relative; to the Committee on Ways and Means.
By Mr. DIAZ-BALLART (for himself, Ms. Roybal-Allard, Mr. Becerra, Mr.
Bonilla, Mr. de la Garza, Mr. Gutierrez, Mr. de Lugo, Mr. Menendez,
Mr. Ortiz, Mr. Pastor, Mr. Richardson, Mr. Romero-Barcelo, Ms. Ros-
Lehtinen, Mr. Serrano, Mr. Tejeda, Mr. Torres, Mr. Underwood, and
Ms. Velazquez), [13AP]
Cosponsors added, [8JN], [13JN], [17JN], [24JN], [12JY]
H.R. 4196--
A bill to ensure that all timber-dependent communities qualify for loans
and grants from the Rural Development Administration; to the
Committee on Agriculture.
By Mr. DICKS (for himself, Mrs. Unsoeld, Mr. Swift, and Mr. Inslee),
[13AP]
Committee discharged. Passed House amended, [29SE]
Passed Senate, [6OC]
Presented to the President (October 21, 1994)
Approved [Public Law 103-427] (signed October 31, 1994)
H.R. 4197--
A bill to deter and punish crime, and to protect the rights of crime
victims; jointly, to the Committees on the Judiciary; Ways and
Means; Education and Labor; Armed Services; Science, Space, and
Technology; Government Operations.
By Mr. DOOLITTLE, [13AP]
H.R. 4198--
A bill to amend the Balanced and Emergency Deficit Control Act of 1985
to require that OMB and CBO estimates for paygo purposes score
increased revenues caused by economic growth resulting from
legislation implementing any trade agreement; to the Committee on
Government Operations.
By Mr. EWING (for himself, Mr. Parker, Mr. Dornan, Mr. Gilchrest, Mr.
Rohrabacher, Mr. Knollenberg, Mr. Lewis of Florida, Mr. Hastert, Mr.
Walker, Mr. Hutchinson, Mr. Solomon, Mr. Ramstad, Mr. Cunningham,
and Mr. Boehner), [13AP]
Cosponsors added, [4MY], [19MY], [9JN], [17JN], [24JN], [28JN],
[26JY], [29JY], [3AU], [5AU], [9AU], [13SE]
H.R. 4199--
A bill to require that Federal prisoners obtain a general equivalency
degree before receiving credit toward service of sentence; to the
Committee on the Judiciary.
By Mr. FRANKS of New Jersey, [13AP]
H.R. 4200--
A bill to amend chapter 84 of title 5, United States Code, to provide
that annuities for Members of Congress be computed under the same
formula as applies to Federal employees generally, and for other
purposes; to the Committee on Post Office and Civil Service.
By Mr. GOODLATTE, [13AP]
Cosponsors added, [10AU]
H.R. 4201--
A bill to amend the Internal Revenue Code of 1986 to provide incentives
for the creation of jobs and business opportunities by individuals
and small businesses through reduction of the social security tax
burden on small employers and the self-employed; to the Committee on
Ways and Means.
By Mr. MARTINEZ, [13AP]
H.R. 4202--
A bill to increase access to high quality, affordable health insurance;
jointly, to the Committees on Energy and Commerce; Ways and Means;
the Judiciary; Education and Labor.
By Mr. McCRERY (for himself, Mr. Tauzin, Mr. Baker of Louisiana, Mr.
DeLay, Mr. Doolittle, Mr. Houghton, Mr. Inhofe, Mr. Sam Johnson of
Texas, Mr. Livingston, Mr. Hayes, Mr. Inglis of South Carolina, and
Mr. Hoke), [13AP]
H.R. 4203--
A bill to provide for the continued improvement and expansion of the
Nation's airports and airways, and for other purposes; jointly, to
the Committees on Public Works and Transportation; Ways and Means.
By Mr. MINETA (for himself (by request) and Mr. Oberstar), [13AP]
H.R. 4204--
A bill to designate the Federal building located at 711 Washington
Street in Boston, MA, as the ``Jean Mayer Human Nutrition Research
Center on Aging''; to the Committee on Public Works and
Transportation.
By Mr. MOAKLEY, [13AP]
Rules suspended. Passed House, [26AP]
Passed Senate, [3MY]
Presented to the President (May 6, 1994)
Approved [Public Law 103-249] (signed May 16, 1994)
H.R. 4205--
A bill to amend title 11, D.C. Code, to clarify that blind individuals
are eligible to serve as jurors in the Superior Court of the
District of Columbia; to the Committee on the District of Columbia.
By Ms. NORTON (for herself, Mr. Bliley, Mr. Jefferson, Mr. Lewis of
Georgia, Mr. McDermott, Mr. Saxton, and Mr. Stark), [13AP]
Committee discharged. Passed House, [25MY]
Passed Senate, [14JN]
Presented to the President (June 16, 1994)
Approved [Public Law 103-269] (signed June 28, 1994)
H.R. 4206--
A bill to provide for the implementation of the Uruguay round of the
General Agreement on Tariffs and Trade concerning specific code
section, and for other purposes; jointly, to the Committees on Ways
and Means; Rules; the Judiciary; Foreign Affairs.
By Mr. REGULA (for himself and Mr. Mineta), [13AP]
Cosponsors added, [10JN]
H.R. 4207--
A bill to amend the Internal Revenue Code of 1986 to allow businesses a
credit against income tax for providing work experiences for high
school juniors and seniors for which the students receive credit
toward graduation; to the Committee on Ways and Means.
By Mr. RICHARDSON, [13AP]
H.R. 4208--
A bill to expand and enhance the Federal Government commitment to
eliminating crime in public housing and other federally assisted
low-income housing projects, and for other purposes; to the
Committee on Banking, Finance and Urban Affairs.
By Mr. VENTO, [13AP]
Cosponsors added, [11MY]
H.R. 4209--
A bill for the relief of William P. Van Keymeulen; to the Committee on
the Judiciary.
By Mrs. VUCANOVICH, [13AP]
H.R. 4210--
A bill to authorize the President to establish a program to assist the
transition to full NATO membership of Poland, Hungary, the Czech
Republic, and Slovakia by January 1999; to the Committee on Foreign
Affairs.
By Mr. GILMAN, [14AP]
Cosponsors added, [17MY], [23MY], [29JN], [1AU], [17AU], [13SE],
[3OC], [4OC]
H.R. 4211--
A bill to provide for the coordination within the Federal Government of
biotechnology research and development; jointly, to the Committees
on Energy and Commerce; Science, Space, and Technology.
By Mr. BLUTE (for himself and Ms. Eshoo), [14AP]
Cosponsors added, [25AP], [2MY], [9MY], [8JN]
H.R. 4212--
A bill to stimulate the research and development of biotechnologies; to
the Committee on Ways and Means.
By Mr. BLUTE (for himself and Ms. Eshoo), [14AP]
Cosponsors added, [9MY], [8JN]
H.R. 4213--
A bill to amend the Land and Water Conservation Fund Act to authorize
the Secretary of the Interior to establish a national registry of
rivers and watersheds to be protected and restored, and for other
purposes; jointly, to the Committees on Natural Resources; Merchant
Marine and Fisheries; Agriculture.
By Mr. RICHARDSON (for himself, Ms. Furse, Mr. Wynn, Mr. Kopetski, Mr.
DeFazio, Ms. Norton, Mr. Kildee, Mr. Olver, Mr. Rose, and Mr.
Hamburg), [14AP]
Cosponsors added, [20AP], [28AP], [4MY], [17MY], [14JN], [16AU], [7OC]
H.R. 4214--
A bill to amend chapter 83 of title 5, United States Code, to provide
that the 2 percent reduction in annuity for each year a Federal
employee is under 55 years of age at the time of retiring be
eliminated if the separation is due to a reduction in force; to the
Committee on Post Office and Civil Service.
By Mr. APPLEGATE, [14AP]
Cosponsors added, [28JY]
H.R. 4215--
A bill to amend the Internal Revenue Code of 1986 to increase the
deduction for retirement savings, to permit nonemployed spouses a
full IRA deduction, and for other purposes; to the Committee on Ways
and Means.
By Mr. BAKER of California (for himself, Mr. Crapo, Mr. Gallegly, Mr.
Emerson, Mr. Solomon, Mr. Stump, Mr. Bartlett of Maryland, Mr. Levy,
Mr. Lipinski, Mr. Doolittle, Mr. Livingston, Mr. Cox, and Ms.
Eshoo), [14AP]
Cosponsors added, [28AP], [3MY], [9MY], [8JN], [27JN]
H.R. 4216--
A bill to amend title XVIII of the Social Security Act to limit the
amount a provider may charge an individual for an outpatient
hospital service furnished under part B of the Medicare Program to
20 percent of the reasonable cost of the service, and for other
purposes; jointly, to the Committees on Ways and Means; Energy and
Commerce.
By Mr. COYNE, [14AP]
Cosponsors added, [5MY], [12MY]
H.R. 4217--
A bill to reform the Federal crop insurance program, and for other
purposes; to the Committee on Agriculture.
By Mr. de la GARZA (for himself, Mr. Johnson of South Dakota, and Mr.
Minge) (all by request), [14AP]
Reported with amendment (H. Rept. 103-649), [1AU]
Passed House amended, [5AU]
Passed Senate amended, [25AU]
House agreed to Senate amendment with an amendment (pursuant to H.
Res. 559), [3OC]
Senate agreed to House amendment to Senate amendment, [4OC]
Presented to the President (October 12, 1994)
Approved [Public Law 103-354] (signed Ocotber 13, 1994)
H.R. 4218--
A bill to reform certain housing programs administered by the Secretary
of Housing and Urban Development; to the Committee on Banking,
Finance and Urban Affairs.
By Mr. DIAZ-BALART (for himself, Ms. Roybal-Allard, Mr. Becerra, Mr.
Bonilla, Mr. de la Garza, Mr. Gutierrez, Mr. de Lugo, Mr. Menendez,
Mr. Ortiz, Mr. Pastor, Mr. Richardson, Mr. Romero-Barcelo, Ms. Ros-
Lehtinen, Mr. Serrano, Mr. Tejeda, Mr. Torres, Mr. Underwood, and
Ms. Velazquez), [14AP]
H.R. 4219--
A bill to direct the Secretary of the Interior to make technical
revisions to maps relating to the Coastal Barrier Resources System;
to the Committee on Merchant Marine and Fisheries.
By Mrs. FOWLER (for herself, Mr. Hutto, Mr. Peterson of Florida, Mrs.
Thurman, Mr. Mica, Mr. Young of Florida, Mr. Goss, Mr. Bacchus of
Florida, Mr. Lewis of Florida, Ms. Brown of Florida, Mr.
[[Page 2620]]
Stearns, Mr. McCollum, Mr. Bilirakis, Mr. Canady, Mr. Miller of
Florida, Mrs. Meek of Florida, Ms. Ros-Lehtinen, Mr. Johnston of
Florida, Mr. Deutsch, Mr. Diaz-Balart, Mr. Shaw, and Mr. Hastings),
[14AP]
Cosponsors added, [21AP]
H.R. 4220--
A bill to amend the National School Lunch Act to protect school
districts and the Department of Agriculture from anticompetitive
activities of suppliers that sell commodities to schools that
participate in the school lunch program, the school breakfast
program, the special milk program, and the summer food service
program for children, and for other purposes; to the Committee on
Education and Labor.
By Mr. GOODLING (for himself, Mr. Cunningham, Mr. Fawell, and Mr.
McKeon), [14AP]
H.R. 4221--
A bill to amend the National School Lunch Act to provide increased
flexibility relating to the use of information submitted to
determine eligibility under programs under that act and the Child
Nutrition Act of 1966, to provide for the establishment of commodity
letter of credit [CLOC] demonstration programs in certain States,
and to establish a program to assist schools in offering greater
quantities of fresh fruits and vegetables under the school lunch
program; jointly, to the Committees on Agriculture; Education and
Labor.
By Mr. GOODLING (for himself and Mr. Ford of Michigan), [14AP]
H.R. 4222--
A bill to amend the Job Training Partnership Act to establish a
workforce skills and development loan program to provide grants to
States to guarantee loans made to employers, representatives of
employees, and other entities to provide skills upgrading for non-
managerial employees, and for other purposes; to the Committee on
Education and Labor.
By Mr. GUNDERSON (for himself, Mr. Goodling, Mr. Petri, Mr. Castle,
Mr. Hobson, Mr. Shays, Mr. Johnston of Florida, and Mr. Poshard),
[14AP]
Cosponsors added, [15JN]
H.R. 4223--
A bill to establish a commission to examine the costs and benefits, and
the impact on voter turnout, of changing the deadline for filing
Federal income tax returns to the date on which Federal elections
are held; to the Committee on Ways and Means.
By Mr. KYL, [14AP]
Cosponsors added, [5MY], [10MY], [12MY], [26MY], [21JN]
H.R. 4224--
A bill to direct the Secretary of the Interior and the Secretary of
Energy to undertake initiatives to address certain needs in the
Lower Mississippi Delta Region, and for other purposes; jointly, to
the Committees on Natural Resources; Energy and Commerce; Science,
Space, and Technology; Banking, Finance and Urban Affairs.
By Mr. LAMBERT (for himself, Mr. Emerson, Mr. Barlow, Mr. Thornton,
Mr. Whitten, Mr. Dickey, Mr. Fields of Louisiana, Mr. Jefferson, Mr.
Baker of Louisiana, Mr. McCrery, and Mr. Tanner), [14AP]
Cosponsors added, [17MY], [13JN]
H.R. 4225--
A bill to amend the Internal Revenue Code of 1986 to prevent fraudulent
claims for the earned income credit; to the Committee on Ways and
Means.
By Mr. LEHMAN, [14AP]
Cosponsors added, [13SE], [27SE], [7OC]
H.R. 4226--
A bill to amend the Federal Water Pollution Control Act to provide for a
national estuary pollution prevention demonstration program;
jointly, to the Committees on Public Works and Transportation;
Merchant Marine and Fisheries.
By Mr. MACHTLEY, [14AP]
H.R. 4227--
A bill to amend title 5, United States Code, to provide that the
mandatory retirement age for members of the Capitol Police be made
the same as the age applicable to law enforcement officers; jointly,
to the Committees on Post Office and Civil Service; House
Administration.
By Mr. MANTON (for himself, Mr. Rose, and Ms. Dunn), [14AP]
H.R. 4228--
A bill to extend Federal recognition to the United Auburn Indian
Community of the Auburn Rancheria of California; to the Committee on
Natural Resources.
By Mr. MILLER of California (for himself, Mr. Doolittle, and Mr.
Richardson), [14AP]
Reported with amendment (H. Rept. 103-619), [25JY]
Rules suspended. Passed House amended, [25JY]
Passed Senate amended, [30SE]
H.R. 4229--
A bill to amend the Solid Waste Disposal Act to enable Indian tribes to
enforce provisions of the act relating to leaking underground
storage tanks on Indian lands, and for other purposes; jointly, to
the Committees on Energy and Commerce; Ways and Means.
By Mr. RICHARDSON (for himself and Mr. Thomas of Wyoming), [14AP]
H.R. 4230--
A bill to amend the American Indian Religious Freedom Act to provide for
the traditional use of peyote by Indians for religious purposes, and
for other purposes; to the Committee on Natural Resources.
By Mr. RICHARDSON, [14AP]
Cosponsors added, [13JY], [29JY]
Reported with amendment (H. Rept. 103-675), [5AU]
Rules suspended. Passed House amended, [8AU]
Passed Senate, [27SE]
Presented to the President (September 30, 1997)
Approved [Public Law 103-344] (signed October 6, 1994)
H.R. 4231--
A bill to prohibit regulations that classify, enhance, or diminish the
privileges and immunities of an Indian tribe relative to other
federally recognized Indian tribes, and for other purposes; to the
Committee on Natural Resources.
By Mr. RICHARDSON (for himself and Mr. Thomas of Wyoming), [14AP]
H.R. 4232--
A bill to reaffirm and clarify the Federal relationship of the Burt Lake
Band as a distinct federally recognized Indian tribe, and for other
purposes; to the Committee on Natural Resources.
By Mr. STUPAK, [14AP]
Cosponsors added, [27JY], [4AU]
H.R. 4233--
A bill to amend the Internal Revenue Code of 1986 to allow a taxpayer to
elect to deduct either State and local income taxes or State and
local sales taxes; to the Committee on Ways and Means.
By Mr. SUNDQUIST, [14AP]
Cosponsors added, [11MY], [28JN], [19JY]
H.R. 4234--
A bill to make grants to local educational agencies and community-based
organizations to provide assistance to localities most directly
affected by hate crimes; to the Committee on Education and Labor.
By Ms. VELAZQUEZ, [14AP]
H.R. 4235--
A bill to enable milk producers to implement a national Class IV Pool to
establish a fair and equitable blend price for milk use in export
dairy products, to establish the Dairy Export Marketing Board to
administer the Class IV Pool and otherwise work to expand exports of
and develop markets for milk and dairy products, and for other
purposes; to the Committee on Agriculture.
By Mr. VOLKMER (for himself, Mr. Rose, Mr. Stenholm, Ms. Long, Mr.
Sarpalius, Mr. Peterson of Minnesota, Mr. Holden, Mr. Pomeroy, Ms.
Danner, Mr. Andrews of Maine, and Ms. Snowe), [14AP]
H.R. 4236--
A bill to establish a National Undersea Research Program within the
National Oceanic and Atmospheric Administration; to the Committee on
Merchant Marine and Fisheries.
By Mr. ORTIZ (for himself, Mr. Weldon, Mr. Fields of Texas, Mr. Gene
Green of Texas, Mr. Laughlin, Mr. Andrews of Texas, Mr. Washington,
Mr. Rose, and Mr. Gejdenson), [18AP]
Reported with amendment (H. Rept. 103-850), [7OC]
H.R. 4237--
A bill to prohibit the possession in a public housing zone of a firearm
the possession of which is otherwise unlawful, and to prohibit the
discharge of a firearm in a public housing zone; to the Committee on
the Judiciary.
By Mr. DURBIN, [18AP]
Cosponsors added, [4MY], [23MY], [26MY], [8JN]
H.R. 4238--
A bill to authorize supplemental appropriations for fiscal years 1994
and 1995 for relief, rehabilitation, and reconstruction in Liberia;
to the Committee on Foreign Affairs.
By Mr. FLAKE (for himself, Mr. Johnston of Florida, Mr. Payne of New
Jersey, Mr. Blackwell, Ms. Brown of Florida, Mr. Towns, Mr.
Hastings, Mr. Rush, Ms. Eddie Bernice Johnson of Texas, Mrs.
Clayton, Mr. Bishop, Mr. Clay, Mrs. Meek of Florida, Mr. Lewis of
Georgia, Mr. Scott, Mr. Owens, Mr. Watt, Ms. Collins of Michigan,
Mr. Tucker, Mr. Markey, Mr. Reynolds, Mr. Wheat, Mr. Frank of
Massachusetts, Mr. Stokes, Mr. Hall of Ohio, and Mr. Mfume), [18AP]
Cosponsors added, [22JN]
H.R. 4239--
A bill to provide for the establishment of a foreign assistance program
to support efforts by other countries to protect intellectual
property; to the Committee on Foreign Affairs.
By Mr. GEJDENSON (for himself and Mr. Roth), [18AP]
H.R. 4240--
A bill to ensure that defense conversion, reinvestment, and transition
assistance programs of the Department of Defense are directed
primarily toward those States, and areas within those States, that
have experienced the greatest number of job losses as a result of
reductions in defense spending or the closure or realignment of
military installations; jointly, to the Committees on Education and
Labor; Armed Services.
By Mr. MACHTLEY, [18AP]
H.R. 4241--
A bill to amend title 5, United States Code, to require the use of
standardized claim forms under the health benefits program for
Federal employees, and to amend title 10, United States Code, to
require the use of such forms in the Civilian Health and Medical
Program of the Uniformed Services; jointly, to the Committees on
Armed Services; Post Office and Civil Service.
By Mrs. SCHROEDER, [18AP]
H.R. 4242--
A bill to enforce the law regulating the height of buildings in the
District of Columbia by prohibiting the District of Columbia from
issuing any building or occupancy permit for the project described
in Zoning Commission case 93-9C unless the project is modified to
conform to such law; to the Committee on the District of Columbia.
By Mr. STARK (for himself and Mr. Bliley), [18AP]
H.R. 4243--
A bill to confirm limitations on the height of buildings and roof
structures in the District of Columbia, to expand the authority of
the National Capital Planning Commission to enforce such
limitations, and for other purposes; to the Committee on the
District of Columbia.
By Mr. STARK, [18AP]
H.R. 4244--
A bill to amend title 46, United States Code, to provide equitable
treatment for certain individuals employed on vessels with respect
to State and local income taxes; jointly, to the Committees on
Merchant Marine and Fisheries and the Judiciary.
By Mrs. UNSOELD (for herself and Mr. Studds), [18AP]
Cosponsors added, [16JN], [21SE]
H.R. 4245--
A bill to amend title II of the Social Security Act and the Internal
Revenue Code of 1986 to provide for the long-range solvency of the
old-age, survivors, and disability insurance program; to the
Committee on Ways and Means.
By Mr. ROSTENKOWSKI, [19AP]
H.R. 4246--
A bill to authorize expenditures for fiscal year 1995 for the operation
and maintenance of the Panama Canal, and for other purposes; to the
Committee on Merchant Marine and Fisheries.
By Mr. TAUZIN (for himself and Mr. Studds), [19AP]
Reported with amendment (H. Rept. 103-526), [24MY]
Rules suspended. Passed House amended, [13JN]
H.R. 4247--
A bill to establish the Department of Energy Laboratory Facilities
Commission, and for other purposes; jointly, to the Committees on
Science, Space, and Technology; Armed Services; Rules.
By Mr. BARTLETT of Maryland, [19AP]
Cosponsors added, [4MY], [5MY]
[[Page 2621]]
H.R. 4248--
A bill to provide for the protection of books and materials from the
Library of Congress, and for other purposes; to the Committee on
House Administration.
By Mr. FIELDS of Texas, [19AP]
Cosponsors added, [25MY]
H.R. 4249--
A bill to amend Public Law 89-732 to permit the adjustment to lawful
permanent residence of Haitians in the same manner as provided for
Cubans; to the Committee on the Judiciary.
By Mr. FRANK of Massachusetts, [19AP]
Cosponsors added, [4MY]
H.R. 4250--
A bill to authorize appropriations for fiscal years 1995 through 1998 to
carry out the Head Start Act and the Community Services Block Grant
Act, and for other purposes; jointly, to the Committees on Education
and Labor; Energy and Commerce.
By Mr. MARTINEZ (for himself, Ms. Molinari, Mr. Ford of Michigan, Mr.
Goodling, Mr. Kildee, Mr. Williams, Mr. Miller of California, and
Mr. Castle), [19AP]
Reported with amendments (H. Rept. 103-483), [26AP]
Cosponsors added, [26AP]
Rules suspended. Passed House amended, [28AP]
Laid on the table (S. 2000 passed in lieu), [28AP]
H.R. 4251--
A bill to authorize the Secretary of Defense to transfer certain excess
equipment to educational institutions and training schools; to the
Committee on Armed Services.
By Mr. KLINK, [19AP]
Cosponsors added, [12MY], [16MY], [17MY], [19MY], [23MY], [21JN],
[23JN], [28JN], [14JY], [16AU], [18AU]
H.R. 4252--
A bill to designate the Administrator of the Small Business
Administration as a member of the Interagency Trade Organization; to
the Committee on Ways and Means.
By Mr. LaFALCE, [19AP]
H.R. 4253--
A bill to require the Secretary of the Interior to convey the Corning
National Fish Hatchery to the State of Arkansas; to the Committee on
Merchant Marine and Fisheries.
By Ms. LAMBERT, [19AP]
Reported with amendment (H. Rept. 103-586), [12JY]
Rules suspended. Passed House amended, [12JY]
H.R. 4254--
A bill to amend the U.S. Housing Act of 1937 to provide for the
termination of tenancy of persons residing in public housing or
housing assisted under section 8 of such act who engage in firearm-
related criminal activity, and for other purposes; to the Committee
on Banking, Finance and Urban Affairs.
By Mr. MACHTLEY, [19AP]
H.R. 4255--
A bill to amend title 10, United States Code, to provide a charter for
the National Guard Bureau, otherwise to improve the administration
of the National Guard, and for other purposes; to the Committee on
Armed Services.
By Mr. MONTGOMERY, [19AP]
H.R. 4256--
A bill to amend the Immigration and Nationality Act to extend the land
border inspection fee program for the California southern border of
the United States; to the Committee on the Judiciary.
By Ms. SCHENK, [19AP]
Cosponsors added, [24MY], [27JN], [26AU]
H.R. 4257--
A bill to provide for the study of Revolutionary War battlefields; to
the Committee on Natural Resources.
By Mr. ZIMMER (for himself, Mr. Beilenson, Mr. Frost, Mr. Boehlert,
and Mr. Clyburn), [19AP]
Cosponsors added, [4MY], [8JN], [23JN], [30JN], [14JY]
H.R. 4258--
A bill to amend the Internal Revenue Code of 1986 to provide
clarification for the deductibility of expenses incurred by a
taxpayer in connection with the business use of the home, and for
other purposes; to the Committee on Ways and Means.
By Mr. COPPERSMITH, [19AP]
Cosponsors added, [11MY], [19MY], [21JN], [27SE]
H.R. 4259--
A bill to extend caps on defense and nondefense discretionary spending
through fiscal year 1998; to the Committee on Government Operations.
By Mr. SKELTON (for himself, Mr. Spence, Mr. Dicks, Mr. Montgomery,
Mr. Hutto, Mr. Bartlett of Maryland, Mr. Bateman, Mr. Bilbray, Mr.
Browder, Mr. Buyer, Mr. Combest, Mr. Cunningham, Mr. Darden, Mr.
Dornan, Mr. Edwards of Texas, Mr. Everett, Mrs. Fowler, Mr. Pete
Geren of Texas, Mr. Glickman, Mr. Hansen, Mr. Hefley, Mr. Hunter,
Mr. Inhofe, Mr. Johnson of Georgia, Mr. Kyl, Mr. Lancaster, Mr.
Laughlin, Mr. Lewis of California, Mr. Lewis of Florida, Mr.
Livingston, Mrs. Lloyd, Ms. Long, Mr. Machtley, Mr. McCurdy, Mr.
McHugh, Mr. Ortiz, Mr. Penny, Mr. Peterson of Florida, Mr. Pickett,
Mr. Ravenel, Mr. Rowland, Mr. Saxton, Mr. Sisisky, Mr. Slattery, Mr.
Solomon, Mr. Stenholm, Mr. Stump, Mr. Talent, Mr. Tanner, Mr. Taylor
of Mississippi, Mr. Tejeda, Mr. Torkildsen, and Mr. Weldon), [20AP]
Cosponsors removed, [21AP]
Cosponsors added, [28AP], [21JN]
H.R. 4260--
A bill to improve and protect the health of all Americans through an
increase in the funding available for health research that holds the
promise of the prevention, cure, and treatment for disease and
disability; jointly, to the Committees on Energy and Commerce; Ways
and Means; Government Operations; Rules.
By Mr. COYNE (for himself, Mr. Richardson, Mr. Upton, Mr. Cooper, Mr.
Frank of Massachusetts, Mr. McDermott, Mr. Durbin, Ms. Eddie Bernice
Johnson of Texas, Mr. Leach, Mr. Moran, Mr. Underwood, Mr. Ford of
Tennessee, Mrs. Lowey, Mr. Hobson, and Mrs. Morella), [20AP]
Cosponsors added, [3MY], [5MY], [11MY], [19MY], [26MY], [13JN],
[16JN], [22JN], [27JN], [13JY], [27JY], [9AU], [17AU], [5OC]
Cosponsors removed, [12MY]
H.R. 4261--
A bill to establish the Commission on International Coordination of
Financial Regulation, and for other purposes; to the Committee on
Banking, Finance and Urban Affairs.
By Mr. GONZALEZ, [20AP]
H.R. 4262--
A bill to amend the Higher Education Act of 1965 to require that
recipients of Pell grants be citizens or nationals of the United
States; to the Committee on Education and Labor.
By Mr. DARDEN (for himself, Mr. Deal, and Mr. Johnson of Georgia),
[20AP]
H.R. 4263--
A bill to promote the participation of small business enterprises,
including minority small businesses, in Federal procurement and
Government contracts, and for other purposes; to the Committee on
Small Business.
By Mr. LaFALCE, [20AP]
Cosponsors added, [13JY]
Reported amended (H. Rept. 103-606), [14JY]
Referred to the Committee on Government Operations, [14JY]
Referral to the Committee on Government Operations extended, [3AU]
Committee discharged, [12AU]
H.R. 4264--
A bill to express United States policy regarding the restoration of
democratic constitutional government in Haiti, to grant temporary
protected status to Haitians until such a government is restored,
and to terminate the migrant interdiction agreement between the
United States and Haiti; jointly, to the Committees on Foreign
Affairs; the Judiciary.
By Mr. CONYERS, [20AP]
H.R. 4265--
A bill to enhance fairness in compensating owners of patents used by the
United States; to the Committee on the Judiciary.
By Mr. FROST, [20AP]
H.R. 4266--
A bill to expand the boundaries of the Stones River National Battlefield
in Tennessee, and for other purposes; to the Committee on Natural
Resources.
By Mr. GORDON, [20AP]
H.R. 4267--
A bill to reauthorize economic development programs under the Public
Works and Economic Development Act of 1965 for fiscal years 1994 and
1995, to reenact the Public Works and Economic Development Act of
1965 as the Economic Development and Financing Act of 1994, and for
other purposes; jointly, to the Committees on Public Works and
Transportation; Banking, Finance, and Urban Affairs; the Judiciary;
Science, Space, and Technology.
By Mr. KANJORSKI (for himself, Mr. Ridge, Mr. Dooley, Mrs. Roukema,
Mr. Klink, Mr. Hinchey, Mr. Fingerhut, Mr. LaFalce, Mr. Holden, Mr.
McHale, Mr. Borski, and Mr. Klein), [20AP]
H.R. 4268--
A bill to amend certain provisions of title 5, United States Code,
relating to the age and service requirements for entitlement to an
immediate annuity under the Civil Service Retirement System or the
Federal Employees' Retirement System, and for other purposes; to the
Committee on Post Office and Civil Service.
By Mr. SHAYS (for himself, Mr. Ballenger, Mr. Boehner, and Mr. Penny),
[20AP]
H.R. 4269--
A bill to amend the Internal Revenue Code of 1986 to reduce the tax on
capital gains of individuals, and for other purposes; to the
Committee on Ways and Means.
By Mr. SMITH of Texas, [20AP]
Cosponsors added, [5MY], [17MY], [21JN], [26JY]
H.R. 4270--
A bill to amend the Head Start Act to extend authorization of
appropriations for programs under that act, to strengthen provisions
designed to provide quality assurance and improvement, to provide
for orderly and appropriate expansion of such programs, and for
other purposes; to the Committee on Education and Labor.
By Mrs. UNSOELD, [20AP]
H.R. 4271--
A bill to provide for the establishment in the General Agreement on
Tariffs and Trade of a working party on trade and worker rights and
labor standards, and for other purposes; to the Committee on Ways
and Means.
By Mr. VISCLOSKY (for himself, Mr. Brown of California, Mr.
Abercrombie, Mr. Andrews of Maine, Mr. Applegate, Mrs. Bentley, Mr.
Berman, Mr. Bonior, Mr. Borski, Ms. Brown of Florida, Mr. Brown of
Ohio, Miss Collins of Michigan, Mr. Conyers, Mr. DeFazio, Mr. Engel,
Mr. Evans, Mr. Farr, Mr. Fingerhut, Mr. Frost, Mr. Hochbrueckner,
Mr. Holden, Mr. Jacobs, Ms. Eddie Bernice Johnson of Texas, Ms.
Kaptur, Mr. Kleczka, Mr. Klink, Mr. LaFalce, Mr. LaRocco, Mr.
Lipinski, Mrs. Lowey, Mr. Martinez, Mr. McCloskey, Mr. McHugh, Mr.
Miller of California, Mrs. Mink of Hawaii, Mr. Mollohan, Mr. Murtha,
Mr. Nadler, Mr. Olver, Mr. Owens, Mr. Pallone, Mr. Rahall, Mr.
Regula, Mr. Reynolds, Mr. Sabo, Mr. Sanders, Mr. Sawyer, Ms.
Shepherd, Mr. Stokes, Mr. Torres, Ms. Velazquez, Mr. Vento, Mr.
Williams, and Mr. Yates), [20AP]
Cosponsors added, [2MY], [18MY], [24MY], [26MY], [9JN], [13JN],
[15JN], [16JN], [23JN], [28JN], [29JN], [30JN], [13JY], [19JY],
[5OC]
H.R. 4272--
A bill to amend title 10, United States Code, to expand the authority of
the U.S. Naval Postgraduate School to admit civilians as students
and to authorize the U.S. Air Force Institute of Technology to admit
civilians as students; to the Committee on Armed Services.
By Mr. FARR (for himself, Mr. Hall of Ohio, and Mr. Hobson), [20AP]
Cosponsors added, [5MY]
H.R. 4273--
A bill to amend title 10, United States Code, to establish a temporary
program to permit professional schools of the Army Training and
Doctrine Command to admit civilians as students on a cost-
reimbursable, space-available basis; to the Committee on Armed
Services.
By Mr. FARR (for himself, Mr. Hall of Ohio, and Mr. Hobson), [20AP]
Cosponsors added, [5MY]
H.R. 4274--
A bill to modify certain provisions of the Health Care Quality
Improvement Act of 1986; to the Committee on Energy and Commerce.
By Mr. WYDEN (for himself and Mr. Klug), [21AP]
H.R. 4275--
A bill to amend title II of the Social Security Act to assure that the
Social Security
[[Page 2622]]
system remains viable for the baby boom generation and that the
level of Social Security taxation remains affordable for their
children; to the Committee on Ways and Means.
By Mr. PICKLE, [21AP]
H.R. 4276--
A bill to amend the Arms Export Control Act and the Export
Administration Act of 1979 to provide that the export of certain
commercial communications satellites and associated equipment be
regulated solely under the Export Administration Act of 1979; to the
Committee on Foreign Affairs.
By Ms. HARMAN (for herself and Mr. Berman), [21AP]
Cosponsors added, [11MY], [17MY]
H.R. 4277--
A bill to establish the Social Security Administration as an independent
agency and to make other improvements in the old-age, survivors, and
disability insurance program; to the Committee on Ways and Means.
By Mr. JACOBS (for himself and Mr. Ford of Tennessee), [21AP]
Cosponsors added, [12MY]
Reported with amendment (H. Rept. 103-506), [12MY]
Rules suspended. Passed House amended, [17MY]
Passed Senate amended, [23MY]
Senate insisted on its amendment and asked for a conference, [23MY]
House disagreed to Senate amendment and agreed to a conference, [21JN]
Conference report (H. Rept. 103-670) submitted in the House, [4AU]
Senate agreed to conference report, [5AU]
House agreed to conference report, [11AU]
Presented to the President (August 12, 1994)
Approved [Public Law 103-296] (signed August 15, 1994)
H.R. 4278--
A bill to make improvements in the old-age, survivors, and disability
insurance program under title II of the Social Security Act; to the
Committee on Ways and Means.
By Mr. JACOBS (for himself, Mrs. Kennelly, Mr. Bunning, Mr. Houghton,
and Mrs. Meek of Florida), [21AP]
Reported (H. Rept. 103-491), [4MY]
Considered, [10MY]
Rules suspended. Passed House, [12MY]
Passed Senate amended, [25MY]
Senate insisted on its amendment and asked for a conference, [25MY]
House disagreed to Senate amendment and agreed to a conference, [21JN]
Conference report (H. Rept. 103-842) submitted in the House, [6OC]
House agreed to conference report, [6OC]
Senate agreed to conference report, [6OC]
Presented to the President (October 11, 1994)
Approved [Public Law 103-387] (signed October 22, 1994)
H.R. 4279--
A bill to require studies by the Federal Trade Commission of whether
tobacco advertisements target women and minorities to promote
smoking and for other purposes; to the Committee on Energy and
Commerce.
By Ms. ROYBAL-ALLARD (for herself, Mrs. Collins of Illinois, Mrs.
Unsoeld, Ms. Harman, Ms. Schenk, Ms. Waters, Mr. Durbin, Mr.
Foglietta, Ms. Furse, Mr. Torres, Mr. Serrano, Mrs. Mink of Hawaii,
Mr. Underwood, Ms. Eshoo, Mr. Dellums, Mr. Romero-Barcelo, Mr.
Synar, and Ms. Shepherd), [21AP]
Cosponsors added, [9JN], [29JN], [20JY], [29SE]
H.R. 4280--
A bill to amend the Motor Vehicle Information and Cost Savings Act to
inquire that the motor vehicle bumper standard established by the
Secretary of Transportation shall be restored to that in effect
January 1, 1982; to the Committee on Energy and Commerce.
By Mr. BEILENSON, [21AP]
Cosponsors added, [10JN], [27JN]
H.R. 4281--
A bill to eliminate fraud in the payment of supplemental security income
benefits to children by reason of disability; to the Committee on
Ways and Means.
By Mr. DICKEY, [21AP]
Cosponsors added, [5MY], [24MY], [28JN], [19SE]
H.R. 4282--
A bill to amend the Public Health Service Act to provide for the
establishment of toll-free telephone communications through which
residents of rural areas can obtain information on the availability
in such areas of health services; to the Committee on Energy and
Commerce.
By Ms. ENGLISH of Arizona, [21AP]
H.R. 4283--
A bill to terminate the Milstar II Communications Satellite Program; to
the Committee on Armed Services.
By Mrs. MALONEY, [21AP]
H.R. 4284--
A bill to require the Secretary of Health and Human Services to review
the relationship between calcium intake, bone mass, and
osteoporosis, determine how many Americans consume too little
calcium, develop optimal calcium intake levels, and amend, as
appropriate and based on such review, the standard of identity for
enriched flour used in the manufacture of bread, cereal, and other
grain products under the Federal Food, Drug, and Cosmetic Act to
require the addition of calcium; to the Committee on Energy and
Commerce.
By Mr. MARKEY (for himself, Mr. Bonior, Mr. Kennedy, Mr. Parker, Mr.
Richardson, Mrs. Lloyd, Mr. Frank of Massachusetts, Mr. Moakley, Mr.
Reynolds, Ms. Eddie Bernice Johnson of Texas, Mr. Towns, Mr.
McDermott, Mr. Lehman, Mr. Kreidler, Mr. Slattery, Mr. Wyden, Mrs.
Unsoeld, Ms. Brown of Florida, Mr. King, Mr. Gene Green of Texas,
Mr. Wynn, Mr. Dellums, Ms. Slaughter, Mr. Walsh, and Mr. Foglietta),
[21AP]
Cosponsors added, [20SE]
H.R. 4285--
A bill to prohibit States from discriminating in the admission to the
practice of law of graduates of accredited and certified law
schools; to the Committee on the Judiciary.
By Mr. MEEHAN, [21AP]
Cosponsors added, [9JN], [12JY]
H.R. 4286--
A bill to amend title 38, United States Code, to require the Secretary
of Veterans Affairs to provide a case suitable for displaying the
flag furnished with respect to deceased veterans; to the Committee
on Veterans' Affairs.
By Mr. MONTGOMERY, [21AP]
H.R. 4287--
A bill to amend title 5, United States Code, to provide for assignment
of employees of federally funded research and development centers
and Federal employees between Federal agencies and federally funded
research and development centers; to the Committee on Post Office
and Civil Service.
By Mr. SCHIFF (for himself and Mrs. Lloyd), [21AP]
H.R. 4288--
A bill to provide for additional employees in the Wage and Hour Division
of the Department of Labor and to provide for increased damages for
recordkeeping violations under the Fair Labor Standards Act of 1938;
to the Committee on Education and Labor.
By Mr. TORRES (for himself, Mr. Becerra, Mr. Brown of California, Mr.
Dellums, Mr. Berman, Mr. Pastor, Ms. Roybal-Allard, Mr. Stark, Mr.
Farr, Ms. Eshoo, Mr. Jacobs, Ms. Schenk, Mr. Traficant, and Mr.
Richardson), [21AP]
Cosponsors added, [3MY], [24MY], [8JN], [4AU]
H.R. 4289--
A bill to amend the Watershed Protection and Flood Prevention Act to
establish a Waterways Restoration Program, and for other purposes;
jointly, to the Committees on Agriculture; Merchant Marine and
Fisheries; Public Works and Transportation.
By Ms. FURSE (for herself, Mr. Dellums, Mr. Evans, Mr. Hochbrueckner,
Mr. Richardson, Mr. Shays, Ms. Norton, Ms. Woolsey, Mr. Miller of
California, Ms. Eshoo, Mr. DeFazio, Mr. McDermott, Mr. Wyden, Mr.
Studds, Mr. Hamburg, Mr. Barrett of Wisconsin, Mrs. Unsoeld, Ms.
McKinney, Mr. Sanders, Mr. Dicks, Mr. Rangel, and Ms. Velazquez),
[21AP]
Cosponsors added, [16JN], [22JY], [27JY], [9AU], [27SE], [6OC]
H.R. 4290--
A bill providing for the self-defense of Bosnia and Herzegovina; to the
Committee on Foreign Affairs.
By Mr. GILMAN (for himself, Mr. Hyde, Mr. Dornan, and Mr. Gingrich),
[21AP]
Cosponsors added, [17MY]
H.R. 4291--
A bill to direct the Secretary of Health and Human Services to revise
existing regulations concerning the conditions of payment under part
B of the Medicare Program relating to anesthesia services furnished
by certified registered nurse anesthetists, and for other purposes;
jointly, to the Committees on Ways and Means; Energy and Commerce.
By Mr. KREIDLER, [21AP]
Cosponsors added, [16MY], [26MY], [10JN], [30JN], [27JY], [10AU],
[19AU], [7OC]
Cosponsors removed, [19AU]
H.R. 4292--
A bill to require the Secretary of Energy to report on certain radiation
experiments, and for other purposes; to the Committee on Energy and
Commerce.
By Mr. MARKEY, [21AP]
Cosponsors added, [11MY]
H.R. 4293--
A bill to require the transfer of the control of the Lorton correctional
complex to the Bureau of Prisons; jointly, to the Committees on the
Judiciary; the District of Columbia.
By Mr. MORAN, [21AP]
H.R. 4294--
A bill to improve health status in medically disadvantaged communities
through comprehensive community-based managed care programs; to the
Committee on Energy and Commerce.
By Mr. TOWNS, [21AP]
H.R. 4295--
A bill to authorize the Secretary of Transportation to issue
certificates of documentation for six dredging vessels; to the
Committee on Merchant Marine and Fisheries.
By Mrs. BENTLEY, [21AP]
H.R. 4296--
A bill to make unlawful the transfer or possession of assault weapons;
to the Committee on the Judiciary.
By Mr. SCHUMER (for himself, Mr. Reynolds, Mr. Synar, Mr. Abercrombie,
Mr. Andrews of Maine, Mr. Becerra, Mr. Beilenson, Mr. Berman, Mr.
Borski, Mrs. Byrne, Mr. Cardin, Mr. Castle, Mrs. Clayton, Mr.
Coppersmith, Ms. DeLauro, Mr. Deutsch, Mr. Engel, Ms. English of
Arizona, Ms. Eshoo, Mr. Fingerhut, Mr. Frank of Massachusetts, Mr.
Gutierrez, Ms. Harman, Mr. Hoagland, Mr. Hochbrueckner, Mr. Johnston
of Florida, Mr. Kennedy, Mr. Lewis of Georgia, Ms. Lowey, Mrs.
Maloney, Mr. Mann, Mr. Manton, Mr. Markey, Mr. Mazzoli, Mr. Moran,
Mr. Nadler, Mr. Owens, Ms. Pelosi, Mr. Rangel, Mr. Sabo, Ms. Schenk,
Mrs. Schroeder, Mr. Serrano, Ms. Shepherd, Ms. Slaughter, Mr. Stark,
Mr. Studds, Ms. Velazquez, Mr. Vento, Mr. Waxman, Mr. Wheat, Ms.
Woolsey, and Mr. Yates), [25AP]
Cosponsors added, [28AP], [2MY]
Reported with amendment (H. Rept. 103-489), [2MY]
Passed House amended, [5MY]
H.R. 4297--
A bill to amend the Small Business Act; to the Committee on Small
Business.
By Mr. LaFALCE (by request), [25AP]
H.R. 4298--
A bill to amend the Small Business Investment Act of 1958 to permit
prepayment of debentures issued by State and local development
companies; to the Committee on Small Business.
By Mr. LaFALCE (by request), [25AP]
Cosponsors added, [13JY]
H.R. 4299--
A bill to authorize appropriations for fiscal year 1995 for intelligence
and intelligence-related activities of the U.S. Government, the
community management account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes; to the
Committee on Intelligence (Permanent Select).
By Mr. GLICKMAN, [26AP]
Reported with amendments (H. Rept. 103-541), [9JN]
Referred jointly to the Committees on Armed Services; the Judiciary,
[9JN]
Committees discharged, [24JN]
Considered, [19JY]
Passed House amended, [20JY]
Passed Senate amended, [12AU]
Senate insisted on its amendment and asked for a conference, [12AU]
[[Page 2623]]
House disagreed to Senate amendment and agreed to a conference, [13SE]
Conference report (H. Rept. 103-753) submitted in the House, [27SE]
House agreed to conference report, [30SE]
Senate agreed to conference report, [30SE]
Presented to the President (October 4, 1994)
Approved [Public Law 103-359] (signed October 14, 1994)
H.R. 4300--
A bill to prevent handgun violence and illegal commerce in firearms; to
the Committee on the Judiciary.
By Mr. SCHUMER (for himself, Ms. Schenk, Mr. McDermott, Ms. Pelosi,
Ms. Waters, Mr. Reynolds, Mr. Stark, Mr. Deutsch, Mr. Ackerman, Mr.
Berman, Mr. Edwards of California, and Mr. Frank of Massachusetts),
[26AP]
Cosponsors added, [25JY], [26SE]
H.R. 4301--
A bill to authorize appropriations for fiscal year 1995 for military
activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 1995, and for other purposes; to
the Committee on Armed Services.
By Mr. DELLUMS (by request), [26AP]
Reported with amendments (H. Rept. 103-499), [10MY]
Considered, [18MY], [19MY], [20MY], [23MY], [24MY], [8JN]
Passed House amended, [9JN]
Passed Senate amended, [1JY]
Senate insisted on its amendments and asked for a conference, [1JY]
H.R. 4302--
A bill to authorize certain construction at military installations for
fiscal year 1995, and for other purposes; to the Committee on Armed
Services.
By Mr. McCURDY (for himself and Mr. Hunter) (both by request), [26AP]
H.R. 4303--
A bill to provide for a change in the exemption from the child labor
provisions of the Fair Labor Standards Act of 1938 for minors
between 16 and 18 years of age who engage in the operation of
automobiles and trucks; to the Committee on Education and Labor.
By Mr. KREIDLER (for himself, Mr. Swift, Mr. Dicks, Mrs. Unsoeld, and
Ms. Cantwell), [26AP]
Cosponsors added, [14JY], [4AU], [21AU], [23SE], [27SE], [5OC], [6OC],
[7OC]
H.R. 4304--
A bill to amend the United States Housing Act of 1937 to reform the
public housing program; to the Committee on Banking, Finance and
Urban Affairs.
By Mr. PETERSON of Minnesota, [28AP]
H.R. 4305--
A bill to amend title 23, United States Code, relating to establishment
of the National Transportation System; to the Committee on Public
Works and Transportation.
By Mr. BORSKI, [28AP]
H.R. 4306--
A bill to establish a comprehensive risk assessment program within the
Environmental Protection Agency, and for other purposes; to the
Committee on Science, Space, and Technology.
By Mr. KLEIN (for himself, Mr. Zimmer, Mr. Brown of California, Mr.
Studds, Mrs. Lloyd, Mr. Synar, Mr. Stenholm, Mr. Valentine, Mrs.
Morella, Mr. Pallone, Mr. Roemer, Mr. Swett, Mr. Deal, Ms. Eddie
Bernice Johnson of Texas, Mrs. Thurman, and Mr. Boehlert), [28AP]
Cosponsors added, [17MY], [18MY], [20MY], [24MY], [26MY]
Reported with amendment (H. Rept. 103-857), [7OC]
H.R. 4307--
A bill to amend title 35, United States Code, with respect to
applications for process patents; to the Committee on the Judiciary.
By Mr. HUGHES (for himself, Mr. Moorhead, Mr. Frank of Massachusetts,
Mr. Boucher, Mr. Sensenbrenner, Mr. Fish, and Mr. Coble), [28AP]
Cosponsors added, [26MY]
Reported with amendment (H. Rept. 103-728), [20SE]
Rules suspended. Passed House amended, [20SE]
Passed Senate amended, [6OC]
H.R. 4308--
A bill to amend the North American Wetlands Conservation Act to
authorize appropriations for allocations under that act for wetlands
conservation projects; to the Committee on Merchant Marine and
Fisheries.
By Mr. DINGELL (for himself, Mr. Weldon, Mr. Studds, and Mr. Fields of
Texas), [28AP]
Reported with amendments (H. Rept. 103-717), [12SE]
Considered, [12SE]
Rules suspended. Passed House amended, [13SE]
Passed Senate, [4OC]
Presented to the President (October 11, 1994)
Approved [Public Law 103-375] (signed October 19, 1994)
H.R. 4309--
A bill to require a local hiring preference for certain defense
contracts and subcontracts performed in or near labor surplus areas
and closing military bases; to the Committee on Armed Services.
By Mr. HAMBURG (for himself, Mr. Filner, Mr. Miller of California, Mr.
Farr, and Ms. Woolsey), [28AP]
H.R. 4310--
A bill to reduce homelessness, reform public housing, expand and
preserve affordable housing and homeownership, ensure fair housing
for all, empower communities, and for other purposes; to the
Committee on Banking, Finance and Urban Affairs.
By Mr. GONZALEZ (by request), [28AP]
H.R. 4311--
A bill to amend the Defense Base Closure and Realignment Act of 1990 to
postpone the round of base closures and realignments scheduled for
1995 until 1997; jointly, to the Committees on Armed Services;
Rules.
By Mr. HANSEN (for himself, Mr. Spence, Mr. Montgomery, Mr. Lancaster,
Ms. Snowe, Mr. Shuster, Mr. Hunter, Mr. Gonzalez, Mrs. Fowler, Mr.
Livingston, Mr. Cunningham, Mr. Saxton, Mr. Orton, Mr. DeLay, Mr.
Boehlert, Mr. Stump, Mr. Gekas, Mr. Horn, Mr. Tucker, Mr. Canady,
Mr. Levy, Mr. Solomon, Mr. Torkildsen, Mr. Inhofe, Mr. Gallo, Mrs.
Meyers of Kansas, and Mr. Swett), [28AP]
Cosponsors added, [4MY], [17MY]
Cosponsors removed, [12MY]
H.R. 4312--
A bill imposing certain restrictions and requirements on the leasing
under the Outer Continental Shelf Lands Act of lands offshore
Florida, and for other purposes; jointly, to the Committees on
Natural Resources; Merchant Marine and Fisheries.
By Mr. JOHNSTON of Florida (for himself and Mr. Goss), [28AP]
H.R. 4313--
A bill to prohibit the admission to the United States as refugees,
individuals who served in the armed forces of Iraq during the
Persian Gulf conflict, and to deport any such individuals who have
been so admitted; to the Committee on the Judiciary.
By Mr. KANJORSKI, [28AP]
H.R. 4314--
A bill to reauthorize the Safe Drinking Water Act; to the Committee on
Energy and Commerce.
By Ms. LAMBERT (for herself, Mr. Synar, and Mr. Studds), [28AP]
Cosponsors added, [19MY], [9JN], [28JN], [20JY], [19AU]
H.R. 4315--
A bill to designate a site for the relocation of the public facility of
the National Museum of Health and Medicine, and for other purposes;
to the Committee on Public Works and Transportation.
By Ms. NORTON (for herself, Mr. Dellums, Ms. Eddie Bernice Johnson of
Texas, Mr. Lewis of Georgia, Mr. McDermott, Mr. Mineta, Mr. Moakley,
Mr. Montgomery, Mr. Porter, Mr. Traficant, and Mr. Waxman), [28AP]
Cosponsors added, [23MY], [8JN], [24JN], [14JY]
H.R. 4316--
A bill to improve the quality of public elementary and secondary school
libraries, media centers, and facilities in order to help meet the
National Education Goals; to the Committee on Education and Labor.
By Mr. OWENS, [28AP]
Cosponsors added, [9JN], [13JY], [12AU]
H.R. 4317--
A bill to designate temporary protected status under the Immigration and
Nationality Act for Rwandan students in the United States; to the
Committee on the Judiciary.
By Mr. KOPETSKI (for himself and Mr. Jefferson), [28AP]
Cosponsors added, [19MY]
H.R. 4318--
A bill to reduce reliance on public assistance by improving education
and job training programs, strengthening support services and case
management, eliminating penalties against two-parent families,
allowing welfare recipients to keep more of their earnings and
benefits as they move into the work force, and increasing child
support enforcement; jointly, to the Committees on Ways and Means;
Education and Labor; Energy and Commerce.
By Ms. WOOLSEY (for herself and Mr. Regula), [28AP]
Cosponsors added, [19MY], [9JN], [29JN], [12JY], [19JY], [27JY],
[3AU], [4AU], [9AU], [11AU], [19AU]
H.R. 4319--
A bill to authorize issuance of a certificate of documentation with
appropriate endorsement for the vessel Reel Toy; to the Committee on
Merchant Marine and Fisheries.
By Mr. GOSS, [28AP]
H.R. 4320--
A bill to authorize the establishment of a pilot program to provide
environmental assistance to non-Federal interests in the Chesapeake
Bay watershed, and for other purposes; jointly, to the Committees on
Public Works and Transportation; Merchant Marine and Fisheries.
By Mr. BATEMAN, [2MY]
H.R. 4321--
A bill to amend the Internal Revenue Code of 1986 to exempt cash
payments of legal fees from the reporting requirements relating to
cash received in a trade or business; to the Committee on Ways and
Means.
By Mr. KOPETSKI, [2MY]
Cosponsors added, [18MY], [16AU]
H.R. 4322--
A bill to amend the Small Business Act to increase the authorization for
the development company program, and for other purposes; to the
Committee on Small Business.
By Mr. LaFALCE (for himself and Mrs. Meyers of Kansas), [2MY]
Reported with amendment (H. Rept. 103-572), [30JN]
Rules suspended. Passed House amended, [19JY]
Passed Senate, [20JY]
Presented to the President (July 22, 1994)
Approved [Public Law 103-282] (signed July 22, 1994)
H.R. 4323--
A bill to require ammunition to bear serial numbers; to the Committee on
the Judiciary.
By Mr. BLACKWELL, [3MY]
H.R. 4324--
A bill to require the Secretary of the Treasury to mint coins in
commemoration of the 200th anniversary of the signing of the Treaty
of Greene Ville at Fort Greene Ville, OH; to the Committee on
Banking, Finance and Urban Affairs.
By Mr. BOEHNER, [3MY]
H.R. 4325--
A bill to exclude certain retirement accounts for purposes of
determining eligibility to receive food stamp benefits, aid to
families with dependent children, supplemental security income
benefits, and mdicaid benefits; jointly, to the Committees on
Agriculture; Ways and Means.
By Mr. BORSKI, [3MY]
Cosponsors added, [11AU]
H.R. 4326--
A bill to amend the Internal Revenue Code of 1986 to limit the
applicability of the generation-skipping transfer tax; to the
Committee on Ways and Means.
By Mr. BREWSTER (for himself, Mr. Houghton, Mr. Gephardt, Mr. Shaw,
and Mr. Kopetski), [3MY]
Cosponsors added, [25MY], [28JY], [13SE]
H.R. 4327--
A bill to eliminate franked mail for the House of Representatives, and
for other purposes; jointly, to the Committees on House
Administration; Post Office and Civil Service; Rules.
By Mr. CASTLE, [3MY]
Cosponsors added, [2AU], [21SE]
H.R. 4328]--
A bill to amend the Office of Federal Procurement Policy Act to reform
the Federal acquisi-P
[[Page 2624]]
tion process, and for other purposes; to the Committee on Government
Operations.
By Mr. CONYERS (for himself and Mr. Clinger), [3MY]
H.R. 4329--
A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act,
and for other purposes; to the Committee on Agriculture.
By Mr. de la GARZA (for himself (by request) and Mr. Stenholm), [3MY]
H.R. 4330--
A bill to establish the South Carolina National Heritage Corridor, and
for other purposes; to the Committee on Natural Resources.
By Mr. DERRICK (for himself, Mr. Clyburn, Mr. Ravenel, Mr. Spence, and
Mr. Spratt), [3MY]
H.R. 4331--
A bill to terminate the C-17 aircraft program after fiscal year 1995 and
provide for a program to meet the remaining strategic airlift
requirements of the Department of Defense with nondevelopmental
aircraft; to the Committee on Armed Services.
By Ms. FURSE, [3MY]
Cosponsors added, [20MY], [8AU]
H.R. 4332--
A bill to set forth the policy of the United States for nuclear
nonproliferation; to the Committee on Foreign Affairs.
By Mr. McCLOSKEY (for himself and Mr. Stark), [3MY]
H.R. 4333--
A bill to designate certain lands in Rocky Mountain National Park as
wilderness, and for other purposes; to the Committee on Natural
Resources.
By Mr. SKAGGS (for himself and Mrs. Schroeder), [3MY]
H.R. 4334--
A bill to amend title 10, United States Code, to authorize the Secretary
of Defense to provide assistance to promote public participation in
defense environmental restoration activities; to the Committee on
Armed Services.
By Mr. UNDERWOOD, [3MY]
H.R. 4335--
A bill to authorize certain U.S.-flag fishing and fish processing
vessels to be chartered or sold to foreign citizens and transferred
to foreign registry without approval by the Secretary of
Transportation, and to establish limitations on the authority of
those vessels to thereafter operate in the fisheries and coastwise
trade of the United States; to the Committee on Merchant Marine and
Fisheries.
By Mr. YOUNG of Alaska (for himself, Mrs. Unsoeld, and Mr. Dicks),
[3MY]
H.R. 4336--
A bill for the relief of Mary J. Woodard; to the Committee on the
Judiciary.
By Mr. ROSE, [3MY]
H.R. 4337--
A bill to repeal the Displaced Workers Protection Act of 1994 (District
of Columbia Act 10-193); to the Committee on the District of
Columbia.
By Mr. BALLENGER (for himself, Mr. Bliley, Mr. Rohrabacher, and Mr.
Saxton), [4MY]
H.R. 4338--
A bill to designate the ``Christiansted Bandstand'' at the Christiansted
National Historic Site, St. Croix, VI, as the ``Peter G. Thurland,
Sr., Bandstand''; to the Committee on Natural Resources.
By Mr. de LUGO, [4MY]
H.R. 4339--
A bill authorizing the Davy Crockett Memorial Foundation to establish a
memorial to honor Davy Crockett in the District of Columbia or its
environs; to the Committee on House Administration.
By Mr. DUNCAN, [4MY]
H.R. 4340--
A bill to amend the Internal Revenue Code of 1986 to provide that the
percentage of completion method of accounting shall not be required
to be used with respect to contracts for the manufacture of property
if no payments are required to be made before the completion of the
manufacture of such property; to the Committee on Ways and Means.
By Mr. EHLERS, [4MY]
H.R. 4341--
A bill to amend the Higher Education Act of 1965 to qualify additional
institutions for programs under part B of title III of that act; to
the Committee on Education and Labor.
By Mr. JACOBS, [4MY]
H.R. 4342--
A bill to qualify Martin University of Indianapolis, IN, for
participation in the program under part B of title III of the Higher
Education Act of 1965; to the Committee on Education and Labor.
By Mr. JACOBS, [4MY]
H.R. 4343--
A bill to encourage liberty inside the Socialist Republic of Vietnam; to
the Committee on Foreign Affairs.
By Mr. DORNAN (for himself, Mr. Gilman, Mr. Porter, Mr. Smith of New
Jersey, Mr. Rohrabacher, Mr. Cunningham, Mr. Wynn, Mr. Levy, Mr.
King, Mr. Wilson, Mr. Solomon, Mr. Cox, and Mrs. Bentley), [4MY]
Cosponsors added, [23MY], [8JN], [10JN], [18AU]
H.R. 4344--
A bill to prohibit ticket resale profiteering in or affecting interstate
commerce; to the Committee on the Judiciary.
By Mr. LEVY (for himself, Mr. King, and Mr. Bryant), [4MY]
H.R. 4345--
A bill to prohibit the distribution or receipt of restricted explosives
without a Federal permit, and to require applications for such
permits to include a photograph and the fingerprints of the
applicant; to the Committee on the Judiciary.
By Mr. QUINN (for himself, Mr. Hochbrueckner, Mr. Blute, Mr. Stupak,
Mr. Castle, Ms. Furse, Mr. King, Mr. Hinchey, Mr. McCollum, Ms.
Lowey, Mr. Walsh, Mr. LaFalce, Mr. Houghton, Mr. Paxon, Mr. Holden,
Mr. Saxton, Mr. Levy, Ms. Pryce of Ohio, Mr. Gilman, Mr. Solomon,
Mr. Mollohan, Mr. Lazio, Mr. Borski, Mr. Smith of New Jersey, and
Mr. McHale), [4MY]
Cosponsors added, [5MY], [19MY], [20MY], [16JN], [22JN], [24JN],
[27JN], [26JY], [27JY], [1AU], [4AU], [5AU], [9AU], [12AU], [16AU],
[4OC]
H.R. 4346--
A bill to prohibit the Secretary of Defense from transporting across
State lines chemical munitions in the chemical weapons stockpile,
and for other purposes; to the Committee on Armed Services.
By Ms. SHEPHERD, [4MY]
Cosponsors added, [16JN]
H.R. 4347--
A bill to amend title XII of the Food Security Act of 1985 to permit the
conversion of wetlands that are 1 acre or less in size; to the
Committee on Agriculture.
By Mr. SMITH of Michigan (for himself, Mr. Penny, Mr. Hancock, Mr.
Fields of Texas, Mr. Ewing, Mr. Allard, Mr. Pombo, Mr. Hoekstra, Mr.
Roberts, Mr. Smith of Oregon, Mr. DeLay, Mr. Baker of Louisiana, Mr.
Herger, and Mr. Everett), [4MY]
Cosponsors added, [5MY], [9JN], [24JN], [26JY]
H.R. 4348--
A bill to amend the Rules of the House of Representatives to prohibit
proxy voting and to amend title 18, United States Code, to
criminalize the practice commonly called ghost voting in the House
of Representatives; jointly, to the Committees on Rules; the
Judiciary.
By Mr. WALKER, [4MY]
H.R. 4349--
A bill to prohibit the Department of Defense from conducting flight
tests of certain missiles that would result in the release of debris
outside a designated Department of Defense test range; to the
Committee on Armed Services.
By Ms. SHEPHERD (for herself, Mrs. Schroeder, Mr. Kopetski, Mr.
Hinchey, Mr. Oberstar, Mr. Coppersmith, Ms. Furse, and Ms. English
of Arizona), [4MY]
Cosponsors added, [19MY]
H.R. 4350--
A bill to amend title XIX of the Social Security Act to make optional
the provision of nonemergency medical transportation services under
the Medicaid Program and to deny Federal financial participation for
such services; to the Committee on Energy and Commerce.
By Mr. BAKER of Louisiana (for himself, Mr. Armey, Mrs. Fowler, Mr.
Inhofe, and Mr. McCrery), [5MY]
Cosponsors added, [17MY], [18MY], [25MY], [8JN], [14JN], [17JN],
[12JY]
H.R. 4351--
A bill to amend the Comprehensive Environmental Response, Compensation
and Liability Act of 1980 (Superfund) to provide a mechanism for the
allocation of liability among potentially responsible parties, and
for other purposes; jointly, to the Committees on Energy and
Commerce; Public Works and Transportation.
By Mr. BOUCHER (for himself, Mr. Upton, and Ms. Lambert), [5MY]
Cosponsors added, [12MY]
H.R. 4352--
A bill to require each Federal agency to use stationary on which is
printed the telephone number of the agency; to the Committee on
Government Operations.
By Mr. DUNCAN, [5MY]
H.R. 4353--
A bill to require businesses who compile consumer lists for sale to
other businesses to notify consumers on the list of the sales of the
list; to the Committee on Energy and Commerce.
By Mr. GALLO, [5MY]
Cosponsors added, [20MY], [23JN], [5AU]
H.R. 4354--
A bill to amend title II of the Social Security Act to prohibit the
buying and selling of Social Security account numbers; to the
Committee on Ways and Means.
By Mr. GALLO, [5MY]
Cosponsors added, [20MY], [23JN]
H.R. 4355--
A bill to suspend until January 1, 1998, the duty on fluvoxamine,
maleate; to the Committee on Ways and Means.
By Mr. GINGRICH, [5MY]
H.R. 4356--
A bill to amend the Internal Revenue Code of 1986 to allow individuals
who do not itemize their deductions a deduction for a portion of
their charitable contributions, and for other purposes; to the
Committee on Ways and Means.
By Mr. HUFFINGTON (for himself, Mr. Gingrich, Mr. Leach, Mr. Walker,
Mr. Neal of North Carolina, Mr. Herger, Mr. Everett, Mr. Crapo, Mr.
Pombo, Mr. Horn, Mr. Inhofe, Mr. Boehner, Mr. Cunningham, Mr.
Linder, Mr. Grams, Mr. Walsh, Mr. Jacobs, Mr. Talent, Mr. Baker of
California, Mr. Stearns, Mr. Hoekstra, Mr. Canady, Mr. Cox, Mr.
Diaz-Balart, Mr. McKeon, Mr. Dooley, Mr. Franks of New Jersey, Mrs.
Vucanovich, Mrs. Fowler, Mr. Gunderson, Mr. Hoke, Mr. McHale, Mr.
Portman, Mr. Sundquist, Mr. Torkildsen, Mr. Dickey, and Mr.
Hutchinson), [5MY]
Cosponsors added, [12MY], [17MY], [18MY], [12SE], [6OC]
H.R. 4357--
A bill to make improvements in the operation and administration of the
Federal courts, and for other purposes; to the Committee on the
Judiciary.
By Mr. HUGHES (for himself and Mr. Moorhead) (both by request), [5MY]
H.R. 4358--
A bill to express U.S. policy with respect to the North Atlantic Treaty
Organization; to the Committee on Foreign Affairs.
By Mr. HYDE, [5MY]
Cosponsors added, [19MY], [21JN]
H.R. 4359--
A bill to require a study and report on environmental restoration at the
Nevada Test Site, NV; to the Committee on Armed Services.
By Mr. KOPETSKI, [5MY]
H.R. 4360--
A bill to amend the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 to clarify liability under that act for
certain recycling transactions; jointly, to the Committees on Energy
and Commerce; Public Works and Transportation.
By Ms. LAMBERT (for herself, Mr. Upton, Mr. Boucher, Mr. Schaefer, and
Mr. Manton), [5MY]
H.R. 4361--
A bill to amend title 5, United States Code, to provide that an employee
of the Federal Government may use sick leave to attend to the
medical needs of a family member; to modify the voluntary leave
transfer program with respect to employees who are members of the
same family; and for other purposes; to the Committee on Post Office
and Civil Service.
By Ms. NORTON, [5MY]
Cosponsors added, [8JN], [28JY], [19SE]
Reported with amendments (H. Rept. 103-722), [19SE]
Rules suspended. Passed House amended, [19SE]
Passed Senate amended, [7OC]
House agreed to Senate amendments, [8OC]
Presented to the President (October 14, 1994)
[[Page 2625]]
Approved [Public Law 103-388] (signed October 22, 1994)
H.R. 4362--
A bill to amend the Federal Food, Drug, and Cosmetic Act to revise the
authority under that act to regulate pesticide chemical residues in
food; to the Committee on Energy and Commerce.
By Mr. WAXMAN (by request), [5MY]
H.R. 4363--
A bill to authorize the construction of the Lewis and Clark Rural Water
System and to authorize assistance to the Lewis and Clark Rural
Water System, Inc., a nonprofit corporation, for the planning and
construction of the water supply system, and for other purposes; to
the Committee on Natural Resources.
By Mr. JOHNSON of South Dakota (for himself, Mr. Minge, and Mr.
Grandy), [5MY]
H.R. 4364--
A bill to direct the Secretary of Transportation to transfer
administrative jurisdiction over certain lands for inclusion in the
Cape Hatteras National Seashore Recreational Area; jointly, to the
Committees on Merchant Marine and Fisheries; Natural Resources.
By Mr. LANCASTER, [5MY]
Reported with amendments (H. Rept. 103-593), [12JY]
Rules suspended. Passed House amended, [12JY]
H.R. 4365--
A bill to amend title XI of the Social Security Act to repeal the
requirement that employers report information to the medicare and
medicaid coverage data bank; jointly, to the Committees on Ways and
Means; Energy and Commerce.
By Mr. POMEROY (for himself, Mr. Barrett of Wisconsin, Mr.
Coppersmith, Mr. Hamburg, Mr. Minge, Ms. Shepherd, Mrs. Thurman, and
Mr. Pastor), [5MY]
Cosponsors added, [17MY], [19MY], [23MY], [25MY], [26MY], [10JN],
[21JN], [13JY]
H.R. 4366--
A bill to amend the Small Business Act to establish a minority graduate
mentor program; to the Committee on Small Business.
By Mr. WYNN (for himself, Mr. Engel, and Mr. Foglietta), [5MY]
Cosponsors added, [17MY], [25MY], [29JN]
H.R. 4367--
A bill to amend the Internal Revenue Code of 1986 and title I of the
Employee Retirement Income Security Act of 1974 with regard to
pension integration, participation, and vesting requirements, to
provide for division of pension benefits upon divorce unless
otherwise provided in qualified domestic relations orders, to
provide for studies relating to cost-of-living adjustments and
pension portability, and to clarify the continued availability,
under provisions governing domestic relations orders, of remedies
relating to matters treated in such orders entered before 1985;
jointly, to the Committees on Ways and Means; Education and Labor.
By Mrs. KENNELLY, [5MY]
H.R. 4368--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Sunrise; to the
Committee on Merchant Marine and Fisheries.
By Mr. KENNEDY, [5MY]
H.R. 4369--
A bill to remove the restrictions on the export of Alaskan North Slope
oil, and for other purposes; jointly, to the Committees on Foreign
Affairs; Energy and Commerce; Natural Resources; Merchant Marine and
Fisheries.
By Mr. THOMAS of California (for himself, Mr. Dooley, Mr. Doolittle,
and Mr. McCrery), [9MY]
Cosponsors added, [11MY], [16AU]
H.R. 4370--
A bill to establish the AIDS Cure Project; to the Committee on Energy
and Commerce.
By Mr. NADLER (for himself, Mr. Dellums, Ms. Velazques, Mr. Owens, and
Mr. Miller of California), [10MY]
Cosponsors added, [20MY], [15JN], [17JN], [22JN], [28JY], [4AU],
[23SE]
H.R. 4371--
A bill to amend the Internal Revenue Code of 1986 to permit tax-free
sales of diesel fuel for use in diesel-powered motorboats and to
allow dyed diesel fuel to be sold for such use, or so used, without
penalty; to the Committee on Ways and Means.
By Mr. HOYER (for himself, Mr. Studds, Mr. Young of Alaska, Mr.
Tauzin, Mr. Bateman, Mr. Hochbrueckner, Mr. Saxton, Mr. Reed, Mr.
Coble, Mr. Gilchrest, Mr. Ackerman, and Ms. DeLauro), [10MY]
Cosponsors added, [12MY], [8JN], [14JN], [17JN], [23JN], [14JY],
[21JY], [22JY], [1AU], [4AU], [9AU], [16AU], [12SE], [20SE]
H.R. 4372--
A bill to amend title II of the Social Security Act to provide for a
phased-in 5-year increase in the age for eligibility for OASDI
benefits by the year 2013; to the Committee on Ways and Means.
By Mr. PENNY (for himself, Ms. Margolies-Mezvinsky, Mr. Meehan, and
Mr. Levy), [10MY]
H.R. 4373--
A bill to amend the Social Security Act to provide for limitations on
cost-of-living adjustments; jointly, to the Committees on Ways and
Means; Veterans' Affairs; Energy and Commerce.
By Mr. PENNY (for himself, Ms. Margolies-Mezvinsky, Mr. Meehan, and
Mr. Levy), [10MY]
H.R. 4374--
A bill to amend the Social Security Act to improve the information made
available in Social Security account statements and to provide for
annual distribution of such statements to beneficiaries; to the
Committee on Ways and Means.
By Mr. PENNY (for himself, Ms. Margolies-Mezvinsky, Ms. Long, Ms.
Lambert, Mr. Meehan, Mr. McMillan, Mr. Murtha, and Mr. Barrett of
Wisconsin), [10MY]
Cosponsors added, [25MY]
H.R. 4375--
A bill to provide negotiating authority for a trade agreement with
Chile, but to apply fast-track procedures only to such an agreement
that contains certain provisions relating to worker rights and the
environment; jointly, to the Committees on Ways and Means; Rules.
By Mr. GEPHARDT (for himself, Mr. Richardson, Mr. Torricelli, Mr.
Levin, and Mr. Borski), [10MY]
Cosponsors added, [20MY], [8JN], [15JN], [16JN], [27JN], [29JN],
[20JY], [17AU]
H.R. 4376--
A bill to amend the Internal Revenue Code of 1986 to increase the taxes
on certain alcoholic beverages and to provide additional funds for
mental health and substance abuse benefits under health care reform
legislation; jointly, to the Committees on Ways and Means; Energy
and Commerce.
By Ms. NORTON, [10MY]
Cosponsors added, [12JY]
H.R. 4377--
A bill to amend the Internal Revenue Code of 1986, the Public Health
Service Act, and certain other acts to provide for an increase in
the number of health professionals serving in rural areas; jointly,
to the Committees on Energy and Commerce; Ways and Means; Education
and Labor.
By Mr. CLINGER (for himself, Mr. Hughes, Mr. McHugh, Mr. Minge, Mr.
Parker, and Mr. Oberstar), [10MY]
Cosponsors added, [17MY]
H.R. 4378--
A bill to amend the Social Security Act to require the Secretary of
Health and Human Services to equalize the labor and non-labor
portions of the standardized amounts used to determine the amount of
payment made to rural and urban hospitals under part A of the
Medicare Program for the operating costs of inpatient hospital
services, to amend the Public Health Service Act to improve the
capacity of rural hospitals to provide health services, and for
other purposes; jointly, to the Committees on Ways and Means; Energy
and Commerce; the Judiciary; Government Operations.
By Mr. CLINGER (for himself, Mr. McHugh, Mr. Minge, Mr. Parker, and
Mr. Oberstar), [10MY]
Cosponsors added, [17MY]
H.R. 4379--
A bill to amend the Farm Credit Act of 1971 to enhance the ability of
the banks for cooperatives to finance agricultural exports, and for
other purposes; to the Committee on Agriculture.
By Mr. de la GARZA (for himself, Mr. Roberts, Mr. Johnson of South
Dakota, Mr. Combest, Mr. Penny, and Mr. Allard), [10MY]
Cosponsors added, [2AU]
Committee discharged. Passed House amended, [29SE]
Passed Senate, [5OC]
Presented to the President (October 11, 1994)
Approved [Public Law 103-376] (signed October 19, 1994)
H.R. 4380--
A bill to amend the Harmonized Tariff Schedule of the United States to
extend certain provisions relating to verification of wages and
issuance of duty refund certifications to insular producers in the
U.S. Virgin Islands, Guam, and American Samoa; to the Committee on
Ways and Means.
By Mr. de LUGO, [10MY]
H.R. 4381--
A bill to require the Secretary of the Treasury to mint coins in
commemoration of the 50th anniversary of the U.S. Navy Blue Angels;
to the Committee on Banking, Finance and Urban Affairs.
By Mr. HUTTO, [10MY]
H.R. 4382--
A bill to amend the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 [Superfund] to provide for the cleanup of
municipal waste landfill Superfund sites, and for other purposes;
jointly to the Committees on Energy and Commerce; Public Works and
Transportation.
By Mrs. JOHNSON of Connecticut (for herself, Mr. Frank of
Massachusetts, and Mr. Gejdenson), [10MY]
Cosponsors added, [18MY]
H.R. 4383--
A bill to authorize the Secretary of Transportation to convey the vessel
SS American Victory to the Battle of the Atlantic Historical Society
for use as a Merchant Marine memorial, for historical preservation,
and for educational activities; to the Committee on Merchant Marine
and Fisheries.
By Mr. MANTON, [10MY]
H.R. 4384--
A bill to substitute evaluations of educational quality for cohort
default rates in eligibility determinations for proprietary
institutions of higher education under Federal student assistance
programs; to the Committee on Education and Labor.
By Mr. ANDREWS of New Jersey, [11MY]
Cosponsors added, [9JN], [22JN], [21JY]
H.R. 4385--
A bill to amend title 23, United States Code, to designate the National
Highway System, and for other purposes; to the Committee on Public
Works and Transportation.
By Mr. RAHALL (for himself, Mr. Mineta, Mr. Shuster, and Mr. Petri),
[11MY]
Reported with amendment (H. Rept. 103-519), [19MY]
Passed House amended, [25MY]
H.R. 4386--
A bill to amend title 38, United States Code, authorizing the Secretary
of Veterans Affairs to provide compensation to veterans suffering
from disabilities resulting from illnesses attributed to service in
the Persian Gulf theater of operations during the Persian Gulf war,
to provide for increased research into illnesses reported by Persian
Gulf war veterans, and for other purposes; to the Committee on
Veterans' Affairs.
By Mr. MONTGOMERY (for himself, Mr. Slattery, Mr. Rowland, Mr.
Bilirakis, Mr. Kennedy, Mr. Clement, Mr. Stearns, and Mr. Bishop),
[11MY]
Cosponsors added, [17MY], [24MY], [8JN], [9JN], [13JN], [14JN],
[15JN], [16JN], [17JN], [21JN], [22JN], [23JN], [24JN], [28JN],
[29JN], [30JN], [12JY], [21JY], [26JY], [28JY], [29JY], [1AU], [3AU]
Reported with amendment (H. Rept. 103-669), [4AU]
Rules suspended. Passed House amended, [8AU]
Passed Senate amended, [7OC]
H.R. 4387--
A bill to require that an application for a writ of habeas corpus be
submitted with the consent of the person for whose relief it is
intended; to the Committee on the Judiciary.
By Mrs. BENTLEY, [11MY]
H.R. 4388--
A bill to establish the Northern Great Plains Rural Development
Commission, and for other purposes; to the Committee on Agriculture.
By Mr. JOHNSON of South Dakota (for himself, Mr. Pomeroy, Mr. Peterson
of Minnesota, Mr. Minge, and Mr. Barrett of Nebraska), [11MY]
Cosponsors added, [28JN]
[[Page 2626]]
H.R. 4389--
A bill to require the Secretary of the Interior to consider, in issuing
national park concessions contracts, the extent to which those
contracts involve Indians and Indian-owned businesses, and for other
purposes; to the Committee on Natural Resources.
By Mr. JOHNSON of South Dakota, [11MY]
H.R. 4390--
A bill to amend the National Housing Act to reform and simplify the
single family home mortgage insurance program of the Department of
Housing and Urban Development, and for other purposes; to the
Committee on Banking, Finance and Urban Affairs.
By Mr. KLEIN (for himself and Mr. Vento), [11MY]
H.R. 4391--
A bill to authorize appropriations for the Federal Maritime Commission
for fiscal year 1995; to the Committee on Merchant Marine and
Fisheries.
By Mr. LIPINSKI (for himself Mr. Studds, Mr. Fields of Texas, and Mr.
Bateman), [11MY]
Reported with amendment (H. Rept. 103-716), [12SE]
Rules suspended. Passed House amended, [12SE]
H.R. 4392--
A bill to amend the Federal Property and Administrative Services Act of
1949 to authorize the distribution of Federal surplus property to
nonprofit organizations providing assistance to the hungry and the
indigent; to the Committee on Government Operations.
By Mr. McCURDY, [11MY]
Cosponsors added, [25MY]
H.R. 4393--
A bill to redesignate General Grant National Memorial as Grant's Tomb
National Memorial, and for other purposes; to the Committee on
Natural Resources.
By Mr. NADLER (for himself, Mr. Rangel, Mrs. Lowey, Mr. Fish, Mr.
Serrano, Ms. Velazquez, Mrs. Maloney, Mr. Engel, and Mr. Levy),
[11MY]
Cosponsors added, [26MY], [14JN], [27JN], [19JY], [23SE]
H.R. 4394--
A bill to provide for the establishment of mandatory State-operated
comprehensive one-call systems to protect natural gas and hazardous
liquid pipelines and all other underground facilities from being
damaged by any excavations, and for other purposes; jointly, to the
Committees on Public Works and Transportation; Energy and Commerce.
By Mr. PALLONE, [11MY]
Cosponsors added, [21JY], [1AU], [20SE], [30SE]
Reported with amendments (H. Rept. 103-765, part 1), [29SE]
Reported with amendments (H. Rept. 103-765, part 2), [30SE]
Rules suspended. Passed House amended, [3OC]
H.R. 4395--
A bill to amend the Individuals with Disabilities Education Act to
provide that the requirement regarding the continued educational
placement of children with disabilities in public schools during the
pendency of certain proceedings shall not apply with respect to
disciplinary proceedings against those children for possession of
firearms; to the Committee on Education and Labor.
By Ms. SCHENK, [11MY]
Cosponsors added, [27JN], [3OC]
H.R. 4396--
A bill to amend section 203 of the National Housing Act to increase the
maximum mortgage amount limitation under the single family housing
mortgage insurance program of the Secretary of Housing and Urban
Development for homes in nonhigh-cost areas; to the Committee on
Banking, Finance and Urban Affairs.
By Mr. TAYLOR of North Carolina, [11MY]
Cosponsors added, [18JY]
H.R. 4397--
A bill to permit refunding of certain bonds; to the Committee on Ways
and Means.
By Mr. TAYLOR of North Carolina, [11MY]
H.R. 4398--
A bill for the relief of Lester J. Reschly; to the Committee on the
Judiciary.
By Mr. VOLKMER, [11MY]
H.R. 4399--
A bill to combat telemarketing fraud; to the Committee on the Judiciary.
By Mr. CARR, [12MY]
Cosponsors added, [25MY], [26MY], [8JN], [9JN], [14JN], [15JN],
[17JN], [24JN], [19JY], [22JY], [27JY], [26AU]
H.R. 4400--
A bill to amend title 39, United States Code, to prevent the use of paid
confidential informants by the U.S. Postal Service in certain
narcotics investigations; to require that the appointment of the
Inspector General of the U.S. Postal Service be made by the
President, with the advice and consent of the Senate; and for other
purposes; jointly, to the Committees on Post Office and Civil
Service; Government Operations.
By Mr. CLAY (for himself, Mr. Stokes, Miss Collins of Michigan, and
Mrs. Byrne), [12MY]
Cosponsors added, [20MY], [23MY], [25MY], [26MY], [8JN], [10JN],
[13JN], [14JN], [23JN]
Reported with amendments (H. Rept. 103-561), [27JN]
Rules suspended. Passed House amended, [27JN]
H.R. 4401--
A bill to amend the Federal Water Pollution Control Act to authorize
financial assistance for United States-Mexico wastewater treatment
works; to the Committee on Public Works and Transportation.
By Mr. de la GARZA, [12MY]
H.R. 4402--
A bill to amend the Export Administration Act of 1979 to require the
Secretary of Commerce to monitor domestic supplies and exports of
unprocessed timber and to impose export controls on such timber when
a critical short supply of such timber exists for domestic
manufacturing purposes; to the Committee on Foreign Affairs.
By Mr. DeFAZIO (for himself, Mr. Williams, Mr. Miller of California,
Mr. Studds, Mr. Brown of California, Mr. Lehman, Mr. Richardson, Mr.
Wilson, Mr. Rahall, Mr. Stark, Mr. Gordon, Mr. Abercrombie, Mr.
Boehlert, Ms. Slaughter, Mr. Sanders, Mr. Barlow, Mr. Torres, Mr.
Meehan, Mr. Serrano, Mr. Towns, Mr. Lewis of Georgia, Ms. Waters,
Mr. Peterson of Minnesota, Mr. Hinchey, Mr. Frank of Massachusetts,
Mr. Nadler, and Mr. Shays), [12MY]
Cosponsors added, [24MY], [23JN], [13JY]
H.R. 4403--
A bill to rescind the fee required for the use of public recreation
areas at lakes and reservoirs under the jurisdiction of the Army
Corps of Engineers, and for other purposes; to the Committee on
Public Works and Transportation.
By Mr. EMERSON (for himself, Mr. Whitten, Mr. Brewster, Mr. McCrery,
and Mr. Skelton), [12MY]
Cosponsors added, [18MY], [23MY], [25MY], [29JN]
H.R. 4404--
A bill to amend the Magnuson Fishery Conservation and Management Act to
promote the long-term sustainability of marine fisheries, and for
other purposes; to the Committee on Merchant Marine and Fisheries.
By Mr. GILCHREST (for himself, Mr. Shays, Mr. Ravenel, and Ms. Furse),
[12MY]
Cosponsors added, [10JN], [14JN], [15JN], [16JN], [17JN], [21JN],
[24JN], [29JN], [30JN], [13JY], [21JY], [4AU], [9AU], [12SE],
[29SE], [7OC]
H.R. 4405--
A bill to require a 25-percent reduction in appropriation for the
legislative branch of the Government; to the Committee on House
Administration.
By Mr. GOODLATTE, [12MY]
H.R. 4406--
A bill to require that a monthly statement of costs charged against the
official mail allowance for persons entitled to use the
congressional frank be kept and made available to the public, and to
reduce the amount of that allowance for any Member of the House of
Representatives; to the Committee on House Administration.
By Mr. GOODLATTE, [12MY]
H.R. 4407--
A bill to establish a comprehensive and efficient workforce preparation
and development system in the United States, and for other purposes;
to the Committee on Education and Labor.
By Mr. GOODLING (for himself, Mr. Hoekstra, Mr. Ballenger, Mr. Petri,
Mr. Castle, Mr. Fawell, Mr. Klug, Mr. Lewis of Florida, Mr. Ewing,
and Mr. Shays), [12MY]
Cosponsors added, [16JN], [1AU]
H.R. 4408--
A bill to protect and restore the anadromous fish habitat in the Russian
River of northern California and its tributaries, and to provide for
a pilot project to test and demonstrate the benefits of main stem
river channel restoration; jointly, to the Committees on Merchant
Marine and Fisheries; Public Works and Transportation.
By Mr. HAMBURG (for himself and Ms. Woolsey), [12MY]
H.R. 4409--
A bill to allow service performed as an employee of a nonappropriated
fund instrumentality after 1965 and before 1987 to be considered
creditable for purposes of civil service retirement; to the
Committee on Post Office and Civil Service.
By Mr. HOBSON (for himself and Mr. Hall of Ohio), [12MY]
H.R. 4410--
A bill to provide for universal affordable access to health care and
health insurance through tax and savings incentives, and for other
purposes; jointly, to the Committees on Ways and Means; Energy and
Commerce; Education and Labor.
By Mr. JACOBS (for himself and Mr. Inhofe), [12MY]
Cosponsors added, [20MY], [5AU]
H.R. 4411--
A bill to establish national programs to provide for environmental
response training and employment; jointly, to the Committees on
Energy and Commerce; Education and Labor.
By Mr. KLINK (for himself, Mr. Kildee, and Mr. Clay), [12MY]
Cosponsors added, [16JN], [22JN], [30JN], [13JY], [19JY], [22JY],
[29JY], [5AU], [17AU], [13SE], [29SE]
H.R. 4412--
A bill to require the head of any Federal agency to differentiate
between fats, oils, and greases of animal, marine, or vegetable
origin, and other oils and greases, in issuing certain regulations,
and for other purposes; jointly, to the Committees on Agriculture;
Energy and Commerce.
By Ms. LONG (for herself, Mr. Ewing, Mr. Boehner, Mr. Rowland, Mr.
Skelton, Mr. Holden, Mr. Montgomery, and Mr. Emerson), [12MY]
Cosponsors added, [16MY], [20MY], [23MY], [24MY], [26MY], [8JN],
[22JN], [28JN], [12JY], [20JY], [21JY], [22JY], [26JY], [28JY],
[3AU], [5AU], [9AU], [10AU], [12AU], [18AU], [12SE], [20SE]
H.R. 4413--
A bill to amend the Immigration and Nationality Act to make permanent
the visa waiver program and to authorize, under certain conditions,
the designation of the European Union as a visa waiver program
country; to the Committee on the Judiciary.
By Mr. MAZZOLI (for himself and Mr. Frank of Massachusetts), [12MY]
Cosponsors added, [8JN], [23JN], [30JN], [12JY], [19JY], [26JY],
[28JY], [29JY], [10AU], [11AU], [12AU]
H.R. 4414--
A bill to reconnect welfare families to the world of work, make work
pay, strengthen families, require personal responsibility, and
support State flexibility; jointly, to the Committees on Ways and
Means; Agriculture; Energy and Commerce; Education and Labor; the
Judiciary.
By Mr. McCURDY (for himself, Mr. Wheat, Mr. Clement, Mr. Darden, Mr.
Deal, Ms. Long, Mr. Swett, Mr. Tanner, Mr. Johnson of Georgia, Ms.
Lambert, Mr. Payne of Virginia, Mr. Barlow, Mr. Skelton, Mr. Gordon,
Mr. Minge, Mr. Lipinski, Mr. Orton, Mr. Brewster, Mr. Mann, Mr.
Klink, Mr. Peterson of Minnesota, Mr. Laughlin, Mr. Rowland, Mr.
Pete Geren of Texas, Ms. Kaptur, Mr. Montgomery, Mr. Hayes, and Mr.
Taylor of Mississippi), [12MY]
Cosponsors added, [25MY], [9JN], [15JN], [4OC]
H.R. 4415--
A bill to make improvements in the Black Lung Benefits Act; to the
Committee on Education and Labor.
By Mr. MURPHY, [12MY]
H.R. 4416--
A bill to amend the Food Security Act of 1985 to reauthorize the
conservation reserve program; to the Committee on Agriculture.
By Mr. PETERSON of Minnesota (for himself and Mr. Roberts), [12MY]
Cosponsors added, [9AU], [28SE], [5OC], [7OC]
H.R. 4417--
A bill to authorize appropriations for a retirement incentive for
certain employees of National Laboratories; jointly, to the
Committees on Armed Services; Science, Space, and Technology.
[[Page 2627]]
By Mr. RICHARDSON (for himself and Mr. Baker of California), [12MY]
Cosponsors added, [24MY]
H.R. 4418--
A bill to require Federal agencies to prepare private property taking
impact analyses, and for other purposes; jointly, to the Committees
on Government Operations; the Judiciary.
By Mr. ROBERTS, [12MY]
H.R. 4419--
A bill to modify the supplemental security income program under Title
XVI of the Social Security Act; jointly, to the Committees on Ways
and Means; Energy and Commerce.
By Mr. SANTORUM (for himself, Mr. Archer, Mr. Gingrich, Mr. Thomas of
California, Mr. Shaw, Mr. Camp, Mr. Herger, Mr. McCrery, Mrs.
Johnson of Connecticut, Mr. Castle, Mr. Gekas, Mr. Smith of
Michigan, and Mr. Istook), [12MY]
Cosponsors added, [19MY], [20MY], [28JY]
H.R. 4420--
A bill to amend the Internal Revenue Code of 1986 to allow a deduction
for State and local general sales taxes and to compensate for the
resulting revenue loss by providing that only 75 percent of the
amount of all State and local taxes shall be allowed as a deduction;
to the Committee for Ways and Means.
By Mr. SMITH of Michigan, [12MY]
H.R. 4421--
A bill to amend the Internal Revenue Code of 1986 to provide that tax-
exempt interest shall not be taken into account in determining the
amount of Social Security benefits included in gross income, to the
Committee on Ways and Means.
By Mr. SOLOMON (for himself, Mr. Stump, Mr. Bunning, Mr. Levy, Mr.
Kyl, and Mr. Sensenbrenner), [12MY]
Cosponsors added, [26MY], [13JY], [29JY]
H.R. 4422--
A bill to authorize appropriations for fiscal year 1995 for the Coast
Guard, and for other purposes, to the Committee on Merchant Marine
and Fisheries.
By Mr. TAUZIN (for himself, Mr. Studds, Mr. Fields of Texas, and Mr.
Coble), [12MY]
Reported with amendment (H. Rept. 103-706), [16AU]
Passed House amended, [22SE]
H.R. 4423--
A bill to establish a commission responsible for making recommendations
for laws that will control crime and formulating a national firearms
policy without denying second amendment rights; to the Committee on
the Judiciary.
By Mr. TRAFICANT, [12MY]
Cosponsors added, [16MY], [22JN], [16AU]
H.R. 4424--
A bill to clear certain impediments to the licensing of a vessel for
employment in the coastwise trade and fisheries of the United
States; to the Committee on Merchant Marine and Fisheries.
By Mr. GILCHREST, [12MY]
H.R. 4425--
A bill to authorize major medical facility construction projects for the
Department of Veterans Affairs for fiscal year 1995, to revise and
improve veterans' health programs, and for other purposes; to the
Committee on Veterans' Affairs.
By Mr. ROWLAND (for himself and Mr. Smith of New Jersey), [16MY]
Cosponsors added, [19MY]
Reported (H. Rept. 103-518), [20MY]
Rules suspended. Passed House, [23MY]
H.R. 4426--
A bill making appropriations for foreign operations, export financing,
and related programs for the fiscal year ending September 30, 1995;
to the Committee on Appropriations.
By Mr. OBEY, [16MY]
Reported with amendment (H. Rept. 103-524), [23MY]
Passed House amended, [25MY]
Passed Senate amended, [15JY]
Senate insisted on its amendments and asked for a conference, [15JY]
House disagreed to Senate amendments and agreed to a conference,
[28JY]
Conference report (H. Rept. 103-633) submitted in the House, [1AU]
House agreed to conference report, [4AU]
Senate agreed to conference report, [10AU]
Presented to the President (August 12, 1994)
Approved [Public Law 103-306] (signed August 23, 1994)
H.R. 4427--
A bill to amend the Federal Food, Drug, and Cosmetic Act to allow for
additional deferred effective dates for approval of applications
under the new drugs provisions, and for other purposes; to the
Committee on Energy and Commerce.
By Mr. KREIDLER (for himself, Mr. Rowland, Mrs. Unsoeld, and Mr.
Swift), [16MY]
Cosponsors added, [30JN], [6OC]
H.R. 4428--
A bill to amend title 38, United States Code, to require the Secretary
of Veterans Affairs to maintain the existing capacity of the
Department of Veterans Affairs to provide specialized services to
disabled veterans; to the Committee on Veterans' Affairs.
By Mr. SMITH of New Jersey, [16MY]
H.R. 4429--
A bill to authorize the transfer of naval vessels to certain foreign
countries; to the Committee on Foreign Affairs.
By Mr. HAMILTON (by request), [17MY]
Rules suspended. Passed House amended, [23MY]
Passed Senate amended, [15JY]
House agreed to Senate amendments with amendments (pursuant to H. Res.
499), [1AU]
Senate agreed to House amendments to Senate amendments, [5AU]
Presented to the President (August 11, 1994)
Approved [Public Law 103-295] (signed August 12, 1994)
H.R. 4430--
A bill to amend the Magnuson Fishery Conservation and Management Act; to
the Committee on Merchant Marine and Fisheries.
By Mr. MANTON (for himself and Mr. Studds) (both by request), [17MY]
H.R. 4431--
A bill to authorize demonstration grants for the renovation of
facilities and the purchase of equipment for existing free health
clinics that exclusively serve individuals who are without health
insurance; to the Committee on Energy and Commerce.
By Mr. BATEMAN, [17MY]
H.R. 4432--
A bill to provide relief from regulatory requirements inhibiting the
effectiveness and productivity of public housing agencies; to the
Committee on Banking, Finance and Urban Affairs.
By Mr. BEREUTER, [17MY]
H.R. 4433--
A bill to establish a commission to make recommendations for the
disposal of Federal Government property, the closure and
consolidation of offices of Federal agencies, the procurement of
Federal agency functions, the repeal of provisions of Federal
statutes, and the termination of Federal regulations, and to provide
a procedure for the expedited implementation of these
recommendations; jointly, to the Committees on Government
Operations; Rules; Merchant Marine and Fisheries; Energy and
Commerce.
By Mr. SMITH of Texas (for himself, Mr. Barrett of Wisconsin, Mr.
Bunning, Mr. Canady, Mr. Collins of Georgia, Mr. Cox, Mr. Doolittle,
Mr. Dornan, Mr. Franks of New Jersey, Mr. Gallegly, Mr. Goodlatte,
Mr. Gordon, Mr. Hancock, Mr. Kasich, Mr. Kingston, Mr. Levy, Mr.
Machtley, Mr. Meehan, Mrs. Meyers of Kansas, Mr. Oxley, Mr. Portman,
Mr. Shays, Mr. Stearns, and Mr. Torkildsen), [17MY]
Cosponsors added, [21JN], [26JY]
H.R. 4434--
A bill to reform the concept of baseline budgeting, set forth
strengthened procedures for the consideration of rescissions,
provide a mechanism for dedicating savings from spending cuts to
deficit reduction, and ensure that only one emergency is included in
any bill containing an emergency designation; jointly, to the
Committees on Government Operations; Rules.
By Mr. STENHOLM (for himself, Mr. Penny and Mr. Kasich), [17MY]
Cosponsors added, [26MY], [9JN], [16JN], [29JN], [26JY]
H.R. 4435--
A bill to provide for the orderly termination of easements and property
used for public utility purposes at the Manassas National
Battlefield Park; to the Committee on Natural Resources.
By Mr. WOLF, [17MY]
H.R. 4436--
A bill to transfer certain Coast Guard property; to the Committee on
Merchant Marine and Fisheries.
By Mr. YOUNG of Alaska, [17MY]
H.R. 4437--
A bill to extend the emergency unemployment compensation program; to the
Committee on Ways and Means.
By Mr. HINCHEY, [17MY]
Cosponsors added, [16AU]
H.R. 4438--
A bill to provide for funding for Federal employee pay adjustments and
comparability payments through reductions in agency spending on
service contracts for fiscal year 1995; jointly, to the Committees
on Post Office and Civil Service; Government Operations;
Appropriations.
By Ms. NORTON, [17MY]
H.R. 4439--
A bill to expand the scope of the Belle Fourche irrigation project, and
for other purposes; to the Committee on Natural Resources.
By Mr. JOHNSON of South Dakota, [17MY]
Reported (H. Rept. 103-787), [3OC]
H.R. 4440--
A bill to provide for performance accountability in the government of
the District of Columbia; to the Committee on the District of
Columbia.
By Mr. McDADE, [17MY]
H.R. 4441--
A bill to clarify that a reasonable suspicion, sufficient to support a
constitutional stop and frisk by a law enforcement officer, includes
membership in a criminal street gang that engages in a pattern of
criminal gang activity; to the Committee on the Judiciary.
By Mr. PORTMAN (for himself and Mr. Condit), [17MY]
Cosponsors added, [24MY], [8JN], [14JN], [21JN], [20JY]
H.R. 4442--
A bill to provide consultations for the development of Articles of
Relations and Self-Government for insular areas of the United
States; to the Committee on Natural Resources.
By Mr. YOUNG of Alaska, [17MY]
H.R. 4443--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Wolf Gang II; to
the Committee on Merchant Marine and Fisheries
By Mrs. UNSOELD, [17MY]
H.R. 4444--
A bill to require the Congress to comply with the laws which it requires
others to comply with, and for other purposes; jointly, to the
Committees on House Administration; Education and Labor; Government
Operations; the Judiciary; Rules; Energy and Commerce; Ways and
Means.
By Mr. BARTLETT of Maryland, [18MY]
H.R. 4445--
A bill to amend the Housing Act of 1949 to authorize the Secretary of
Agriculture to guarantee the repayment of loans made by private
lenders for the development costs of multifamily rental housing for
low- and moderate-income families in rural areas; to the Committee
on Banking, Finance and Urban Affairs.
By Mr. BEREUTER, [18MY]
H.R. 4446--
A bill to amend section 1332 of title 28, United States Code, to require
that the plaintiff in a diversity case not be a resident of the
State in which the case is brought; to the Committee on the
Judiciary.
By Mr. HUGHES, [18MY]
H.R. 4447--
A bill to amend title I of the Marine Protection, Research, and
Sanctuaries Act of 1972 to clarify what constitutes an alternative
system for the management of sewage sludge and industrial waste for
purposes of section 1048 of that title, and for other purposes; to
the Committee on Merchant Marine and Fisheries.
By Mr. MANTON, [18MY]
H.R. 4448--
A bill to amend the act establishing Lowell National Historical Park,
and for other purposes; to the Committee on Natural Resources.
By Mr. MEEHAN, [18MY]
Reported with amendment (H. Rept. 103-641), [1AU]
Failed of passage under suspension of the rules, [1AU]
[[Page 2628]]
Passed House amended, [26SE]
H.R. 4449--
A bill to amend part A of title IV of the Social Security Act to enable
States to construct, rehabilitate, purchase, or rent permanent
housing for homeless AFDC families, using funds that would otherwise
be used to provide emergency assistance for such families; jointly,
to the Committees on Ways and Means; Banking, Finance and Urban
Affairs.
By Mr. PETERSON of Minnesota (for himself, Mr. Flake, Mr. Frank of
Massachusetts, Mr. Vento, and Mr. Rangel), [18MY]
Cosponsors added, [17AU]
H.R. 4450--
A bill to amend title 18, United States Code, to federalize the crime of
child molestation; to the Committee on the Judiciary.
By Mr. REYNOLDS, [18MY]
Cosponsors added, [4AU]
H.R. 4451--
A bill to terminate the International Space Station Alpha Program, and
to redirect the savings therefrom to National Aeronautics and Space
Administration space and civil aviation programs; to the Committee
on Science, Space, and Technology.
By Mr. ROEMER (for himself, Mr. Zimmer, Mr. Penny, Mr. Ramstad, Mr.
Schumer, Mrs. Roukema, Mr. Klein, Mr. Upton, Mr. Pomeroy, Mr.
Sanders, and Mr. Mann), [18MY]
Cosponsors added, [24MY], [26MY]
H.R. 4452--
A bill to designate the post office building at 115 West Chester in
Ruleville, MS, as the ``Fannie Lou Hamer United States Post
Office''; to the Committee on Post Office and Civil Service.
By Mr. THOMPSON, [18MY]
Cosponsors added, [21JN]
Rules suspended. Passed House amended, [19SE]
Passed Senate, [8OC]
Presented to the President (October 25, 1994)
Approved [Public Law 103-456] (signed November 2, 1994)
H.R. 4453--
A bill making appropriations for military construction for the
Department of Defense for the fiscal year ending September 30, 1995,
and for other purposes.
By Mr. HEFNER, [19MY]
Reported (H. Rept. 103-516), [19MY]
Passed House, [24MY]
Passed Senate amended, [15JY]
Senate insisted on its amendments and asked for a conference, [15JY]
House disagreed to Senate amendments and agreed to a conference,
[26JY]
Conference report (H. Rept. 103-624) submitted in the House, [27JY]
House agreed to conference report, [1AU]
House receded and agreed to amendments, [1AU]
House receded and agreed to amendments with amendments, [1AU]
House insisted on its disagreement to Senate amendment, [1AU]
Senate agreed to conference report, [10AU]
Senate agreed to House amendments to Senate amendments, [10AU]
Senate receded from its amendment No. 29, [10AU]
Presented to the President (August 12, 1994)
Approved [Public Law 103-307] (signed August 23, 1994)
H.R. 4454--
A bill making appropriations for the legislative branch for the fiscal
year ending September 30, 1995, and for other purposes.
By Mr. FAZIO, [19MY]
Reported (H. Rept. 103-517), [19MY]
Passed House amended, [26MY]
Passed Senate amended, [16JN]
Senate insisted on its amendments and asked for a conference, [16JN]
House disagreed to Senate amendments and agreed to a conference,
[28JN]
Conference report (H. Rept. 103-567) submitted in the House, [28JN]
House agreed to conference report, [29JN]
Senate agreed to conference report, [1JY]
Presented to the President (July 13, 1994)
Approved [Public Law 103-283] (signed July 22, 1994)
H.R. 4455--
A bill to authorize the Export-Import Bank of the United States to
provide financing for the export of nonlethal defense articles and
defense services the primary end use of which will be for civilian
purposes; to the Committee on Banking, Finance and Urban Affairs.
By Mr. BEREUTER, [19MY]
Reported with amendment (H. Rept. 103-681), [8AU]
Rules suspended. Passed House amended, [8AU]
Passed Senate amended, [5OC]
House agreed to Senate amendment, [7OC]
Presented to the President (October 21, 1994)
Approved [Public Law 103-428] (signed October 31, 1994)
H.R. 4456--
A bill to amend title 10, United States Code, to give a priority to the
States for the transfer of nonlethal excess supplies of the
Department of Defense; to the Committee on Armed Services.
By Mr. JEFFERSON, [19MY]
Cosponsors added, [3OC], [4OC]
H.R. 4457--
A bill to amend the Balanced Budget and Emergency Deficit Control Act of
1985 to provide special look-back treatment for emergency
appropriations, and for other purposes; jointly, to the Committees
on Government Operations; Rules.
By Mr. SAM JOHNSON, [19MY]
Cosponsors added, [3AU]
H.R. 4458--
A bill to promote United States industry and technology in competition
with Japan; to the Committee on Foreign Affairs.
By Mr. KOLBE (for himself, Mr. Kopetski, Mr. Dreier, Mr. Livingston,
Mr. Hyde, Mrs. Johnson of Connecticut, Mr. Gilchrest, Mr. McCrery,
Mr. Ehlers, Mr. Horn, and Mr. Portman), [19MY]
H.R. 4459--
A bill to provide for retroactive award of the Navy Combat Action Ribbon
based upon participation in ground or surface combat as a member of
the Navy or Marine Corps during the period between July 4, 1943, and
March 1, 1961; to the Committee on Armed Services.
By Mr. McNULTY, [19MY]
H.R. 4460--
A bill to provide for conservation and development of water and related
resources, to authorize the Secretary of the Army to construct
various projects for improvements to rivers and harbors of the
United States, and for other purposes; to the Committee on Public
Works and Transportation.
By Mr. MINETA (for himself and Mr. Applegate). (Both by request),
[19MY]
Reported with amendment (H. Rept. 103-770), [30SE]
Rules suspended. Passed House amended, [3OC]
H.R. 4461--
A bill to provide grants to partnerships to encourage work force
diversity in order to improve the working conditions of all
individuals in the United States and to help organizations compete
more effectively both domestically and internationally, and for
other purposes; to the Committee on Education and Labor.
By Mr. OWENS (for himself, Mr. Williams, and Mr. Martinez), [19MY]
H.R. 4462--
A bill to provide for administrative procedures to extend Federal
recognition to certain Indian groups, and for other purposes; to the
Committee on Natural Resources.
By Mr. RICHARDSON (for himself and Mr. Thomas of Wyoming), [19MY]
Reported with amendment (H. Rept. 103-782), [3OC]
Rules suspended. Passed House amended, [3OC]
H.R. 4463--
A bill to provide for studies in order to establish a basis for
evaluating the impact of health care reform; jointly, to the
Committees on Energy and Commerce and Ways and Means.
By Mr. STUDDS, [19MY]
Cosponsors added, [20JY]
H.R. 4464--
A bill to require the Secretary of the Treasury to mint coins in
commemoration of the Program on Social Ethics and Community Service;
to the Committee on Banking, Finance and Urban Affairs.
By Mr. KENNEDY (for himself, Mr. Gingrich, and Mr. Peterson of
Florida), [20MY]
Cosponsors added, [26MY], [13JN], [16JN], [22JN]
H.R. 4465--
A bill to amend the Internal Revenue Code of 1986 to clarify the
employment status of certain fishermen, and for other purposes; to
the Committee on Ways and Means.
By Mr. FRANK of Massachusetts, [20MY]
H.R. 4466--
A bill to amend the Metropolitan Washington Airports Act of 1986
authorizing the Secretary of Transportation to ensure that the
American public is fully and properly informed about the perquisites
and privileges afforded to Members of Congress who use parking
facilities through the Metropolitan Washington Airports Authority;
to the Committee on Public Works and Transportation.
By Mr. GUTIERREZ (for himself and Mr. Torkildsen), [20MY]
Cosponsors added, [10JN]
H.R. 4467--
A bill to amend title 5, United States Code, to eliminate the existing
Federal employee bonus and incentive award programs and establish a
program for incentive awards for Federal employees only for
suggestions, inventions, or other personal efforts which cause a
demonstrable monetary savings to the Government; to the Committee on
Post Office and Civil Service.
By MR. JACOBS, [20MY]
Cosponsors added, [13JY]
H.R. 4468--
A bill to amend the Higher Education Act of 1965 to reduce certain
restrictions on the participation of proprietary institutions of
higher education in programs of student financial aid; to the
Committee on Education and Labor.
By Mrs. MINK of Hawaii (for herself, Mrs. Unsoeld, Mr. Romero-Barcelo,
Mr. Williams, Mr. Klink, Mr. Engel, Mr. Pastor, Ms. Velazquez, Mr.
Pickett, Mr. Mollohan, Mr. Calvert, Mr. Skeen, Mr. Martinez, Mr.
Kildee, Mr. Abercrombie, Ms. Woolsey, Mr. Cunningham, and Mr.
Hilliard), [20MY]
Cosponsors added, [26MY], [17JN]
H.R. 4469--
A bill to restrain health care costs and ensure adequate medical care
for all Americans by providing for a State and market-based system
of choice among qualified health plans, and for other purposes;
jointly, to the Committees on Energy and Commerce; Ways and Means;
the Judiciary; Education and Labor.
By Mr. PETRI, [20MY]
H.R. 4470--
A bill to amend the Internal Revenue Code of 1986 to make the dependent
care tax credit refundable, to phase out such credit for higher-
income taxpayers, and to provide for advance payments of such
credit; to the Committee on Ways and Means.
By Ms. SHEPHERD, [20MY]
H.R. 4471--
A bill to amend title 11 of the United States Code to make
nondischargeable a debt for death or injury caused by the debtor's
operation of watercraft or aircraft while intoxicated; to the
Committee on the Judiciary.
By Mr. EHLERS, [23MY]
H.R. 4472--
A bill to provide that the prevailing party in a tort action is entitled
to recover attorneys' fees from the nonprevailing party; to the
Committee on the Judiciary.
By Mr. SENSENBRENNER, [23MY]
H.R. 4473--
A bill to restore the American family, reduce illegitimacy, and reduce
welfare dependence; jointly, to the Committees on Ways and Means;
Agriculture; Banking, Finance and Urban Affairs; Education and
Labor; Energy and Commerce; the Judiciary; Rules; Natural Resources;
Public Works and Transportation; Government Operations.
By Mr. TALENT (for himself, Mr. Hutchinson, Mr. Canady, Mr. Armey, Mr.
Baker of California, Mr. Ballenger, Mr. Barton of Texas, Mr. Bliley,
Mr. Blute, Mr. Boehner, Mr. Burton of Indiana, Mr. Calvert, Mr.
Coble, Mr. Collins of Georgia, Mr. Crane, Mr. Dickey, Mr. Doolittle,
Mr. Dornan, Mr. Ewing, Mr. Grams, Mr. Hancock, Mr. Hastert, Mr.
Hoekstra, Mr. Hunter, Mr. Istook, Mr. Sam Johnson, Mr. Kingston, Mr.
Levy, Mr. Manzullo, Mr. McCollum, Mr. McCrery, Mr. McHugh, Mr.
Pombo, Mr. Rohrabacher, Mr. Roth, Mr. Solomon,
[[Page 2629]]
Mr. Stearns, Mr. Stump, Mr. Walker, and Mr. Zeliff), [23MY]
Cosponsors added, [25MY], [8JN], [1AU]
H.R. 4474--
A bill to amend title 11 of the United States Code to require the
performance of the debtor's obligations under an unexpired lease of
certain personal property until such lease is assumed or rejected
under section 365 of such title; to the Committee on the Judiciary.
By Mr. FRANK of Massachusetts, [23MY]
Cosponsors added, [25JY], [12AU], [19SE], [20SE], [22SE], [23SE]
H.R. 4475--
A bill to direct the Administrator of the Environmental Protection
Agency to conduct a study to identify future funding options for
financing infrastructure projects under the Federal Water Pollution
Control Act; to the Committee on Public Works and Transportation.
By Mr. FRANKS of New Jersey (for himself, Mr. Clinger, Mr. Neal of
Massachusetts, Mr. Gingrich, Mr. Pallone, Mr. Bacchus of Florida,
Mr. Boehner, Mr. Zimmer, and Mr. Gilchrest), [23MY]
Cosponsors added, [26MY], [30JN], [14JY]
H.R. 4476--
A bill to provide for the development of a plan and a management review
of the National Park System and to reform the process by which areas
are considered for addition to the National Park System, and for
other purposes; to the Committee on Natural Resources.
By Mr. HEFLEY (for himself, Mr. Vento, and Mr. Hansen), [24MY]
Reported (H. Rept. 103-725), [19SE]
Rules suspended. Passed House amended, [28SE]
H.R. 4477--
A bill to amend the act commonly referred to as the ``Dingell-Johnson
Sport Fish Restoration Act'' to provide funding for recreational
boating safety programs, and for other purposes; to the Committee on
Merchant Marine and Fisheries.
By Mr. STUDDS (for himself, Mr. Tauzin, Mr. Fields of Texas, Mr.
Coble, Mr. Bateman, and Mrs. Fowler), [24MY]
Cosponsors added, [30JN], [12AU], [22SE]
Reported with amendment (H. Rept. 103-849), [7OC]
H.R. 4478--
A bill to amend the Federal Water Pollution Control Act (the Clean Water
Act) to authorize appropriations in each of fiscal years 1994
through 1998 for the construction of wastewater treatment facilities
to serve U.S. colonias, to provide water pollution control in the
vicinity of the international boundary between the United States and
Mexico; to the Committee on Public Works and Transportation.
By Mr. COPPERSMITH (for himself (by request), Mr. Coleman, Mr. Ortiz,
Mr. Pastor, and Mr. Bryant), [24MY]
Cosponsors added, [23JN]
H.R. 4479--
A bill to amend the Federal Water Pollution Control Act (Clean Water
Act) to authorize appropriations in each of fiscal years 1994-2001
for the construction of wastewater treatment works to provide water
pollution control in or near the United States-Mexico border area;
to the Committee on Public Works and Transportation.
By Mr. COPPERSMITH (for himself (by request), Mr. Coleman, Mr. Ortiz,
Mr. Pastor, and Mr. Bryant), [24MY]
Cosponsors added, [23JN]
H.R. 4480--
A bill to expand the boundary of the Weir Farm National Historic Site in
the State of Connecticut; to the Committee on Natural Resources.
By Mr. FRANKS of Connecticut (for himself, Mrs. Kennelly, Mr. Shays,
Mr. Gejdenson, Mrs. Johnson of Connecticut, and Ms. DeLauro), [24MY]
H.R. 4481--
A bill to restore the Nation's aquatic ecosystems through the voluntary
cooperation of Federal, State, tribal, and corporate and other
private interests; jointly, to the Committees on Merchant Marine and
Fisheries; Public Works and Transportation.
By Mr. HAMBURG (for himself, Mr. Studds, Mr. Edwards of California,
Mr. Manton, Mr. Sanders, Ms. Furse, Mr. Hughes, Mr. Hochbrueckner,
Mr. Richardson, Ms. Woolsey, Ms. Pelosi, Mrs. Unsoeld, Ms. Eshoo,
and Mr. Vento), [24MY]
Cosponsors added, [14JN], [14JY], [4AU]
H.R. 4482--
A bill to establish a non-Federal, for-profit Launch Services
Corporation for providing space launch services to the Federal
Government and other domestic and foreign customers, and for other
purposes; to the Committee on Science, Space, and Technology.
By Mr. HEFLEY (for himself, Mr. Walker, and Mr. Rohrabacher), [24MY]
H.R. 4483--
A bill to amend the Internal Revenue Code of 1986 to permit registered
vendors to administer claims for refund of diesel fuel taxes paid on
fuel used in certain buses; to the Committee on Ways and Means.
By Mr. JACOBS, [24MY]
Cosponsors added, [5AU]
H.R. 4484--
A bill to improve the single family housing mortgage insurance program
of the Department of Housing and Urban Development; to the Committee
on Banking, Finance and Urban Affairs.
By Mr. ORTON, [24MY]
H.R. 4485--
A bill to change election day for Federal offices to the first Monday in
November and to make election day a legal public holiday; jointly,
to the Committees on House Administration; Post Office and Civil
Service.
By Mr. TAYLOR of North Carolina, [24MY]
H.R. 4486--
A bill to prohibit any executive branch agency from entering into any
service contract if the services procured under the contract can be
performed at a lower cost by employees of the agency; to the
Committee on Government Operations.
By Ms. NORTON, [25MY]
H.R. 4487--
A bill to require the Director of the Office of Management and Budget to
develop and implement a system for determining and reporting the
number of individuals employed by non-Federal Government entities
providing services under contracts awarded by executive branch
agencies; to the Committee on Government Operations.
By Ms. NORTON, [25MY]
H.R. 4488--
A bill to amend the Federal Workforce Restructuring Act of 1994 to
provide that the duties performed by individuals separating from
Government service in order to receive a voluntary separation
incentive payment may not be performed by any person under contract
with the United States; jointly, to the Committees on Government
Operations; Post Office and Civil Service.
By Ms. NORTON, [25MY]
H.R. 4489--
A bill to authorize appropriations to the National Aeronautics and Space
Administration for human space flight, science, aeronautics and
technology, mission support, and inspector general, and for other
purposes; to the Committee on Science, Space, and Technology.
By Mr. BROWN of California, [25MY]
Reported with amendment (H. Rept. 103-654), [3AU]
Rules suspended. Passed House amended, [8AU]
Passed Senate amended, [5OC]
H.R. 4490--
A bill to extend the Administrative Conference of the United States and
for other purposes; to the Committee on the Judiciary.
By Mr. BRYANT, [25MY]
Reported with amendment (H. Rept. 103-854), [7OC]
H.R. 4491--
A bill to amend the Juvenile Justice and Delinquency Prevention Act of
1974 to identify hardcore juvenile offenders and treat them as
adults; to the Committee on Education and Labor.
By Mr. CANADY (for himself, Mr. Pete Geren of Texas, Mr. Frost, Mr.
Tauzin, Mr. Hayes, Mr. Sisisky, Mrs. Thurman, Mr. Talent, Mr.
Dornan, Mr. Stump, Mr. Baker of California, Mr. Linder, Mr. DeLay,
Mr. Oxley, Mr. Levy, Mr. Santorum, Mr. Pombo, Mrs. Fowler, Mr. Lewis
of California, Mr. McCollum, Mr. Spence, Mr. Goss, Mr. Klug, Mr.
Walker, Mr. Ramstad, Mr. Hutchinson, Mr. Schaefer, Mr. Livingston,
Mr. Smith of Texas, Mr. Hoekstra, Mr. Bilirakis, Mr. Inglis of South
Carolina, Mr. King, Mr. Saxton, Mr. Ewing, and Mr. Mica), [25MY]
Cosponsors added, [14JN], [29JN], [26JY], [3AU], [18AU], [26SE],
[5OC], [6OC]
H.R. 4492--
A bill to extend the authorization for appropriations for the Commodity
Futures Trading Commission for 5 fiscal years; to the Committee on
Agriculture.
By Mr. de la GARZA (for himself, Mr. Johnson of South Dakota, and Mr.
Combest) (all by request), [25MY]
H.R. 4493--
A bill to amend title 11 of the United States Code to limit the value of
certain real and personal property that the debtor may elect to
exempt under State or local law; to the Committee on the Judiciary.
By Mr. MANN, [25MY]
Cosponsors added, [22JN], [28JN]
H.R. 4494--
A bill to guarantee the provision of minimum child support benefits and
to reform the child support enforcement system; jointly, to the
Committees on Ways and Means; Energy and Commerce; Banking, Finance
and Urban Affairs; Agriculture; Education and Labor.
By Mr. NADLER (for himself, Mr. Peterson of Florida, Mr. Payne of New
Jersey, Mr. Engel, Mr. Frost, Mr. Hochbrueckner, and Ms.
Velazquez), [25MY]
H.R. 4495--
A bill to amend the Federal Aviation Act of 1958 to prohibit smoking on
all scheduled airline flight segments in air transportation or
intrastate air transportation; to the Committee on Public Works and
Transportation.
By Mr. OBERSTAR (for himself and Mr. Lewis of Georgia), [25MY]
Cosponsors added, [30JN], [13JY], [20JY], [27SE]
Reported with amendment (H. Rept. 103-771), [3OC]
Rules suspended. Passed House amended, [4OC]
H.R. 4496--
A bill to amend the Surface Transportation Assistance Act of 1982 and
title 23, United States Code, concerning length and weight
limitations for vehicles operating on Federal-aid highways; to the
Committee on Public Works and Transportation.
By Mr. OBERSTAR, [25MY]
Cosponsors added, [30JN], [20JY], [27SE], [6OC], [7OC]
H.R. 4497--
A bill to award a congressional gold medal to Rabbi Menachem Mendel
Schneerson; to the Committee on Banking, Finance and Urban Affairs.
By Mr. SCHUMER (for himself, Mr. Gingrich, Mr. Lewis of Georgia, and
Mr. Lewis of California), [25MY]
Cosponsors added, [13JN], [17JN], [30JN], [12JY], [19JY], [8AU],
[16AU], [13SE]
Cosponsors removed, [28JY]
Committee discharged. Passed House, [7OC]
Passed Senate, [8OC]
Presented to the President (October 25, 1994)
Approved [Public Law 103-457] (signed November 2, 1994)
H.R. 4498--
A bill to provide additional assistance to persons receiving aid to
families with dependent children who are most likely to use the
assistance to end their welfare dependence; jointly, to the
Committees on Ways and Means; Education and Labor; Banking, Finance
and Urban Affairs; Agriculture.
By Mrs. MINK of Hawaii (for herself, Mr. Abercrombie, Mr. Becerra, Mr.
Clay, Mrs. Clayton, Ms. Collins of Michigan, Mr. Dellums, Mr.
Edwards of California, Mr. Engel, Mr. Evans, Mr. Faleomavaega, Mr.
Filner, Mr. Frank of Massachusetts, Mr. Gonzalez, Mr. Hamburg, Mr.
Hastings, Mr. Hinchey, Mr. Jefferson, Ms. Eddie Bernice Johnson of
Texas, Mr. Lewis of Georgia, Mr. Martinez, Ms. McKinney, Mrs. Meek
of Florida, Mr. Mfume, Mr. Mineta, Mr. Nadler, Ms. Norton, Mr.
Olver, Mr. Owens, Mr. Pastor, Mr. Payne of New Jersey, Mr. Rangel,
Mr. Romero-Barcelo, Ms. Roybal-Allard, Mr. Rush, Mrs. Schroeder, Mr.
Serrano, Mr. Towns, Mr. Underwood, Mrs. Unsoeld, Ms. Velazquez, Mr.
Washington, Ms. Waters, Mr. Watt, Ms. Woolsey, Mr. Wynn, Mr. Yates,
Mr. Conyers, and Mr. Foglietta), [25MY]
Cosponsors added, [17JN]
[[Page 2630]]
H.R. 4499--
A bill to permit an individual to be treated by a health care
practitioner with any method of medical treatment such individual
requests, and for other purposes; to the Committee on Energy and
Commerce.
By Ms. NORTON, [25MY]
H.R. 4500--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Chrissy; to the
Committee on Merchant Marine and Fisheries.
By Mr. TORKILDSEN, [25MY]
H.R. 4501--
A bill to designate the Federal building and U.S. courthouse located at
46 East Ohio Street in Indianapolis, IN, as the ``Holder-Noland
Federal Building and United States Courthouse''; to the Committee on
Public Works and Transportation.
By Mr. JACOBS, [26MY]
H.R. 4502--
A bill to include additional exchange rate policy information in reports
required to be made by the Board of Governors of the Federal Reserve
System and the Secretary of the Treasury to the Congress, and for
other purposes; to the Committee on Banking, Finance and Urban
Affairs.
By Mr. GONZALEZ (for himself, Mr. Frank of Massachusetts, Mr.
Kanjorski, and Mr. Hinchey), [26MY]
H.R. 4503--
A bill to enhance the supervision and regulation of derivatives
activities of financial institutions, and for other purposes; to the
Committee on Banking, Finance and Urban Affairs.
By Mr. GONZALEZ (for himself, Mr. Leach, Mr. Neal of North Carolina,
Mr. Frank of Massachusetts, Mr. Kanjorski, Mr. Hinchey, and Mr.
Kennedy), [26MY]
H.R. 4504--
A bill to amend the Atlantic Striped Bass Conservation Act, and for
other purposes; to the Committee on Merchant Marine and Fisheries
By Mr. STUDDS (for himself and Mr. Manton), [26MY]
Reported with amendment (H. Rept. 103-584), [12JY]
Rules suspended. Passed House amended, [12JY]
H.R. 4505--
A bill to amend title 35 United States Code, to establish a 20-year
patent term from the date of filing and to establish a domestic
priority system, and for other purposes; to the Committee on the
Judiciary.
By Mr. HUGHES, [26MY]
H.R. 4506--
A bill making appropriations for energy and water development for the
fiscal year ending September 30, 1995, and for other purposes.
By Mr. BEVILL, [26MY]
Reported (H. Rept. 103-533), [26MY]
Passed House amended, [14JN]
Passed Senate amended, [30JN]
Senate insisted on its amendments and asked for a conference, [30JN]
House disagreed to Senate amendments and agreed to a conference, [1AU]
Conferees appointed, [1AU]
Conference report (H. Rept. 103-672) submitted in the House, [4AU]
House agreed to conference report, [10AU]
House receded and agreed to Senate amendments, [10AU]
House receded and agreed to Senate amendments with amendments, [10AU]
Senate agreed to conference report, [11AU]
Senate agreed to House amendments to Senate amendments, [11AU]
Presented to the President (August 15, 1994)
Approved [Public Law 103-316] (signed August 26, 1994)
H.R. 4507--
A bill to require in certain circumstances that States disclose the HIV
status of newborn infants to legal guardians of the infants, and for
other purposes; to the Committee on Energy and Commerce.
By Mr. ACKERMAN, [26MY]
Cosponsors added, [10JN], [14JN], [16JN], [21JN], [22JN], [24JN],
[29JN], [12JY], [19JY], [21JY], [27JY], [9AU], [19SE], [21SE],
[28SE], [3OC], [4OC], [6OC], [7OC]
Cosponsors removed, [3AU]
H.R. 4508--
A bill to authorize appropriations for the Legal Services Corporation
and for other purposes; to the Committee on the Judiciary.
By Mr. BRYANT, [26MY]
H.R. 4509--
A bill to impose restrictions on the authority to enter into certain
trade agreements reducing tariffs with respect to another country;
to the Committee on Ways and Means.
By Mr. CRANE (for himself, Mr. Camp, Mr. Hancock, Mr. Herger, Mr.
Jacobs, and Mr. Quillen), [26MY]
H.R. 4510--
A bill to amend the Internal Revenue Code of 1986 to revise the
limitation applicable to mutual life insurance companies on the
deduction for policyholder dividends and to exempt small life
insurance companies from the required capitalization of certain
policy acquisition expenses; to the Committee on Ways and Means.
By Mr. FILNER (for himself, Mr. Becerra, Mr. Berman, Mr. Brown of
California, Ms. Furse, Mr. Hastings, Ms. McKinney, Mrs. Mink of
Hawaii, Ms. Norton, Mrs. Unsoeld, Ms. Velazquez, Ms. Waters, and Mr.
Watt), [26MY]
H.R. 4511--
A bill to amend the Foreign Assistance Act of 1961 to authorize the
Administrator of the U.S. Agency for International Development to
provide assistance for programs of credit and other assistance for
microenterprises in developing countries; to the Committee on
Foreign Affairs.
By Mr. GEJDENSON (for himself, Ms. McKinney, Ms. Cantwell, Mrs.
Kennelly, Ms. Lowey, Mr. Gilman, and Mr. Bereuter), [26MY]
H.R. 4512--
A bill to amend the Internal Revenue Code of 1986 to provide employers a
refundable credit for hiring AFDC recipients; to the Committee on
Ways and Means.
By Mr. GEJDENSON, [26MY]
Cosponsors added, [22JN], [20JY], [8AU]
H.R. 4513--
A bill to provide eligibility for space-available transportation on
military aircraft for former prisoners of war who are totally
disabled as a result of a service-connected disability; to the
Committee on Armed Services.
By Mr. GILMAN (by request), [26MY]
H.R. 4514--
A bill to amend certain provisions of title 5, United States Code, in
order to ensure equality between Federal firefighters and other
employees in the civil service and other public sector firefighters,
and for other purposes; to the Committee on Post Office and Civil
Service.
By Mr. HOYER (for himself, Mr. Boehlert, Mr. Lantos, Mr. Hunter, Mr.
Fazio, Mrs. Morella, and Mr. Wynn), [26MY]
Cosponsors added, [8JN], [14JN], [17JN], [23JN], [28JN], [29JN],
[13JY], [19JY], [22JY], [1AU], [9AU], [10AU], [18AU], [12SE],
[20SE], [27SE], [30SE], [4OC], [5OC], [6OC], [7OC]
H.R. 4515--
A bill to amend title XI of the Social Security Act to provide that the
penalty for failure of employers to file certain reports with
respect to the medicare and medicaid coverage data bank shall apply
only with respect to reports required in calendar years beginning
after 90 days after necessary regulations are promulgated; jointly,
to the Committees on Ways and Means; Energy and Commerce.
By Mr. JACOBS, [26MY]
H.R. 4516--
A bill to amend the Internal Revenue Code of 1986 and other laws to
improve and promote the provision of long-term care in the United
States; jointly, to the Committees on Energy and Commerce; Ways and
Means.
By Mrs. KENNELLY (for herself and Mrs. Johnson of Connecticut), [26MY]
Cosponsors added, [21SE]
H.R. 4517--
A bill to reinstate the emergency unemployment compensation program;
jointly, to the Committees on Ways and Means; Energy and Commerce;
Agriculture.
By Mr. KLINK, [26MY]
Cosponsors added, [14JN], [23JN], [24JN], [29JN], [30JN], [13JY],
[19JY], [22JY], [29JY], [2AU], [5AU], [11AU], [13SE], [30SE]
H.R. 4518--
A bill to amend the Federal Trade Commission Act to provide a procedure
for the termination of Federal Trade Commission orders which have
been in effect for at least 10 years; to the Committee on Energy and
Commerce.
By Mr. KOPETSKI (for himself, Mr. Oxley, Mr. LaRocco, and Mr.
Kreidler), [26MY]
H.R. 4519--
A bill to increase access to health insurance for employees of small
businesses, and for other purposes; jointly, to the Committees on
Energy and Commerce; Education and Labor; Ways and Means; the
Judiciary.
By Mr. MANZULLO, [26MY]
Cosponsors added, [13JN], [23JN], [29JN]
H.R. 4520--
A bill to amend chapter 11 of title 31, United States Code, to require
that the President's budget submission separately reflect the budget
aggregates relating to activities within the unified budget and
aggregates relating to activities required by law to be excluded
from the unified budget; to the Committee on Government Operations.
By Ms. MARGOLIES-MEZVINSKY (for herself, Mr. Penny, Mr. Cox, and Mr.
Portman), [26MY]
Cosponsors added, [21JY]
H.R. 4521--
A bill to amend the Social Security Act to improve the information made
available in Social Security account statements and to provide for
annual distribution of such statements to beneficiaries; to the
Committee on Ways and Means.
By Ms. MARGOLIES-MEZVINSKY (for herself, Mr. Penny, Ms. Long, Ms.
Lambert, Mr. Meehan, Mr. McMillan, Mr. Murtha, Mr. Barrett of
Wisconsin, Mr. Cox, Mr. Franks of New Jersey, Mr. Bacchus of
Florida, and Mr. Clement), [26MY]
Cosponsors added, [22JY]
H.R. 4522--
A bill to amend the Communications Act of 1934 to extend the
authorization of appropriations of the Federal Communications
Commission, and for other purposes; to the Committee on Energy and
Commerce.
By Mr. MARKEY (for himself and Mr. Fields of Texas), [26MY]
Cosponsors added, [15JN]
Reported with amendment (H. Rept. 103-844), [6OC]
Passed House amended, [7OC]
H.R. 4523--
A bill to provide for private development of power at the Mancos project
and for other purposes; to the Committee on Natural Resources.
By Mr. McINNIS, [26MY]
Reported with amendments (H. Rept. 103-790), [3OC]
H.R. 4524--
A bill to amend the National Trails System Act to designate the Old
Spanish Trail and the northern branch of the Old Spanish Trail for
potential inclusion into the National Trails System, and for other
purposes; to the Committee on Natural Resources.
By Mr. McINNIS, [26MY]
H.R. 4525--
A bill to authorize the transfer of a certain loan contract to the Upper
Yampa Water Conservancy Project, and for other purposes; to the
Committee on Natural Resources.
By Mr. McINNIS, [26MY]
Reported with amendment (H. Rept. 103-792), [3OC]
H.R. 4526--
A bill to amend the Revised Statutes of the United States to establish a
Federal civil right requiring that State laws, and the laws of the
District of Columbia, relating to physical assault, sexual assault,
sexual abuse, and sexual harassment be enforced without regard to
the age of the victim; to the Committee on the Judiciary.
By Mr. NADLER, [26MY]
Cosponsors added, [8AU]
H.R. 4527--
A bill to assure fairness and choice to patients and providers under
managed health care benefit plans; jointly, to the Committees on
Energy and Commerce; Education and Labor.
By Mr. PETERSON of Minnesota (for himself, Mr. Laughlin, Mr. Hall of
Texas, Mr. Rowland, Mr. Barcia of Michigan, and Mr. Allard), [26MY]
Cosponsors added, [9JN], [15JN], [22JN], [23JN], [24JN], [12JY],
[14JY], [19JY], [22JY], [2AU], [20SE], [30SE]
[[Page 2631]]
H.R. 4528--
A bill entitled the ``Mercury-Containing and Rechargeable Battery
Management Act''; to the Committee on Energy and Commerce.
By Mr. RICHARDSON (for himself, Mr. Coleman, Mr. Ehlers, Mr. Frost,
Mr. Upton, Ms. Velazquez, and Mr. Washington), [26MY]
Cosponsors added, [9JN], [21JN], [29JN], [12JY], [14JY], [3AU]
H.R. 4529--
A bill to repeal the authority of the Mayor of the District of Columbia
to requisition unlimited funds from the Treasury of the United
States to meet the general expenses of the District of Columbia, and
for other purposes; to the Committee on the District of Columbia.
By Mr. ROHRABACHER, [26MY]
H.R. 4530--
A bill to provide authority for the extension of nondiscriminatory--
most-favored-nation-trade treatment to Cambodia; to the Committee on
Ways and Means.
By Mr. ROHRABACHER, [26MY]
Cosponsors added, [27JN], [16SE]
H.R. 4531--
A bill to amend title 10, United States Code, to provide for
jurisdiction, apprehension, and detention of certain civilians
accompanying the Armed Forces outside the United States, and for
other purposes; to the Committee on Armed Services.
By Mr. THOMAS of California (for himself and Mr. McKeon), [26MY]
Cosponsors added, [26SE], [6OC]
H.R. 4532--
A bill to amend the Internal Revenue Code of 1986 to define tar sands
for purposes of the credit for producing fuels from nonconventional
sources and to repeal the minimum tax preference for intangible
drilling costs; to the Committee on Ways and Means.
By Mr. THOMAS of California, [26MY]
H.R. 4533--
A bill to promote entrepreneurial management of the National Park
Service, and for other purposes; to the Committee on Natural
Resources.
By Mr. VENTO (by request), [26MY]
Reported with amendment (H. Rept. 103-793), [3OC]
Failed of passage, [5OC]
H.R. 4534--
A bill to amend the Internal Revenue Code of 1986 to facilitate
portability, enhance pension coverage, and provide employers an
optional simplified method of complying with certain pension
requirements; to the Committee on Ways and Means.
By Mr. WHEAT, [26MY]
H.R. 4535--
A bill to amend the Securities Exchange Act of 1934 with respect to the
extension of unlisted trading privileges for corporate securities,
and for other purposes; to the Committee on Energy and Commerce.
By Mr. WYDEN (for himself, Mr. Dingell, Mr. Markey, Miss Collins of
Michigan, Mr. Synar, Mr. Cooper, Mr. Hastert, and Ms. Margolies-
Mezvinsky), [26MY]
Cosponsors added, [16JN], [21JN]
Reported (H. Rept. 103-626), [28JY]
Rules suspended. Passed House, [1AU]
Passed Senate, [6OC]
Presented to the President (October 18, 1994))
Approved [Public Law 103-389] (signed October 22, 1994)
H.R. 4536--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for the
vessel Alpha Tango; to the Committee on Merchant Marine and
Fisheries.
By Mr. BURTON of Indiana, [26MY]
H.R. 4537--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for the
vessel Old Hat; to the Committee on Merchant Marine and Fisheries.
By Mr. BURTON of Indiana, [26MY]
H.R. 4538--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Silent Wings; to
the Committee on Merchant Marine Fisheries.
By Mr. MILLER of Florida, [26MY]
H.R. 4539--
A bill making appropriations for the Treasury Department, the U.S.
Postal Service, the Executive Office of the President, and certain
independent agencies, for the fiscal year ending September 30, 1995,
and for other purposes.
By Mr. HOYER, [26MY]
Reported (H. Rept. 103-534, part 1), [26MY]
Reported (H. Rept. 103-534, part 2), [9JN]
Passed House amended, [15JN]
Passed Senate amended, [22JN]
Senate insisted on its amendments and asked for a conference, [22JN]
Papers returned to Senate (pursuant to H. Res. 479), [15JY]
House disagreed to Senate amendments and agreed to a conference,
[16AU]
Conference report (H. Rept. 103-729) submitted in the House, [20SE]
Conference report recommitted, [22SE]
Conference report (H. Rept. 103-741) submitted in the House, [22SE]
House agreed to conference report, [27SE]
Senate agreed to conference report, [28SE]
Presented to the President (September 30, 1994)
Approved [Public Law 103-329] (signed September 30, 1994)
H.R. 4540--
A bill to provide a program of compensation and health research for
illnesses arising from service in the Armed Forces during the
Persian Gulf war; to the Committee on Veterans' Affairs.
By Mr. EVANS (for himself, Mr. Browder, Mr. Dellums, Mr. Gutierrez,
Mr. McCloskey, Mr. Oberstar, Mr. Gonzalez, Mr. Brown of California,
Mrs. Schroeder, Mr. Filner, Ms. Waters, Mr. Kennedy, Mr. Boucher,
Mr. Faleomavaega, Mr. Holden, Mr. Ackerman, Mr. Hochbrueckner, Mr.
Washington, Mr. Carr, Mr. Farr, Mr. Frank of Massachusetts, Mr.
Cooper, Mr. Gejdenson, Mr. Sanders, Ms. Slaughter, Mr. Serrano, Mr.
Kreidler, Mr. Barlow, Mr. Traficant, Mrs. Lowey, Mr. Barrett of
Wisconsin, Mr. Hall of Ohio, Mr. Andrews of Maine, Mr. Kopetski, Mr.
Orton, Mr. Olver, Mr. Underwood, Mr. Kleczka, Mr. Edwards of
California, Mr. Markey, Mr. Johnston of Florida, Mr. Jefferson, Mr.
Fingerhut, Mr. Manton, Mr. Strickland, Mr. Lancaster, Mr. Mineta,
Mr. Swett, Mr. Deutsch, Mr. Bonior, Mr. Bilbray, Mrs. Unsoeld, Mr.
Peterson of Florida, and Mr. Richardson), [8JN]
Cosponsors added, [9JN], [14JN], [15JN], [16JN], [22JN], [27JN],
[4AU], [7OC]
H.R. 4541--
A bill to authorize assistance to promote the peaceful resolution of
conflicts in Africa; to the Committee on Foreign Affairs.
By Mr. JOHNSTON of Florida (for himself and Mr. Payne of New Jersey),
[8JN]
Cosponsors added, [17AU]
Reported with amendment (H. Rept. 103-723), [19SE]
Rules suspended. Passed House amended, [19SE]
H.R. 4542--
A bill to provide an improved system of health-related information for
Persian Gulf war veterans and to extend the availability of certain
health care for Persian Gulf war veterans; to the Committee on
Veterans' Affairs.
By Mr. KENNEDY (for himself, Mr. Evans, Mr. Gutierrez, Mr.
Hochbrueckner, Mr. Montgomery, and Mr. Sanders), [8JN]
Cosponsors added, [10JN]
H.R. 4543--
A bill to designate the U.S. courthouse to be constructed at 907
Richland Street in Columbia, SC., as the ``Matthew J. Perry, Jr.
United States Courthouse''; to the Committee on Public Works and
Transportation.
By Mr. CLYBURN, [8JN]
Reported (H. Rept. 103-636), [1AU]
Rules suspended. Passed House, [8AU]
Passed Senate, [30SE]
Presented to the President (October 4, 1994)
Approved [Public Law 103-360] (signed October 14, 1994)
H.R. 4544--
A bill to authorize the appropriations for construction projects under
the covenant to establish a commonwealth of the Northern Mariana
Islands in political union with the United States of America, and
for other purposes; to the Committee on Natural Resources.
By Mr. de LUGO (for himself (by request) and Mr. Miller of
California), [8JN]
H.R. 4545--
A bill to amend the Federal Railroad Safety Act of 1970, and for other
purposes; to the Committee on Energy and Commerce.
By Mr. SWIFT (by request), [8JN]
Reported with amendments (H. Rept. 103-655), [3AU]
Rules suspended. Passed House amended, [8AU]
Passed Senate amended, [6OC]
H.R. 4546--
A bill to strengthen families receiving aid to families with dependent
children through education, job training, savings, and investment
opportunities, and to provide States with greater flexibility in
administering such aid in order to help individuals make the
transition from welfare to employment and economic independence; to
the Committee on Ways and Means.
By Mr. FLAKE, [8JN]
Cosponsors added, [18AU]
H.R. 4547--
A bill to amend the Fair Labor Standards Act of 1938 to exempt certain
educational enterprise employees from the minimum wage and overtime
compensation provisions of such act; to the Committee on Education
and Labor.
By Mr. PETE GEREN of Texas, [8JN]
H.R. 4548--
A bill to amend the Internal Revenue Code of 1986 to provide an
exclusion from gross income for water conservation subsidies
provided to customers by water utilities and to allow such utilities
an expense deduction for such subsidies; to the Committee on Ways
and Means.
By Mr. McDERMOTT, [8JN]
Cosponsors added, [22JN], [17AU], [13SE]
H.R. 4549--
A bill to amend title 5, United States Code, to provide for travel and
transportation expenses for the family of a career appointee in the
Senior Executive Service who dies after transferring in the interest
of the Government to an official duty station and who was eligible
for an annuity at the time of death, and for other purposes; to the
Committee on Government Operations.
By Ms. NORTON, [8JN]
Rules suspended. Passed House amended, [12JY]
H.R. 4550--
A bill to provide Americans with secure, portable health insurance
benefits through tax credits, medical savings accounts, and greater
choice of health insurance plans without mandates, and for other
purposes; jointly, to the Committees on Ways and Means; Energy and
Commerce; Education and Labor; Rules; the Judiciary; Agriculture;
Banking, Finance and Urban Affairs.
By Mr. STEARNS (for himself, Mr. Armey, Mr. Baker of California, Mr.
Crane, Mr. DeLay, Mr. Dornan, Mr. Duncan, Mr. Gekas, Mr. Gingrich,
Mr. Goss, Mr. Grams, Mr. Hancock, Mr. Hastert, Mr. Hunter, Mr.
Hutchinson, Mr. Hyde, Mr. Kyl, Mr. Lewis of Florida, Mr. Linder, Mr.
Rohrabacher, Mr. Shays, and Mrs. Vucanovich), [8JN]
Cosponsors added, [16JN], [12JY]
H.R. 4551--
A bill to designate the post office building located at 301 West
Lexington in Independence, MO, as the ``William J. Randall Post
Office''; to the Committee on Post Office and Civil Service.
By Mr. WHEAT (for himself and Mr. Skelton), [8JN]
Rules suspended. Passed House amended, [19SE]
Passed Senate, [8OC]
Presented to the President (October 25, 1194)
Approved [Public Law 103-458] (signed November 2, 1994)
H.R. 4552--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Rendezvous; to the
Committee on Merchant Marine and Fisheries.
By Mr. ROMERO-BARCELO, [8JN]
H.R. 4553--
A bill to authorize the fusion energy research, development, and
demonstration program at the Department of Energy, to direct the
participation of the United States in the International
Thermonuclear Experimental Reactor, and for other purposes; to the
Committee on Science, Space, and Technology.
By Mr. BROWN of California, [9JN]
[[Page 2632]]
Failed of passage, [4OC]
H.R. 4554--
A bill making appropriations for Agriculture, Rural Development, Food
and Drug Administration, and related agencies programs for the
fiscal year ending September 30, 1995, and for other purposes.
By Mr. DURBIN, [9JN]
Reported (H. Rept. 103-542), [9JN]
Considered, [16JN]
Passed House amended, [17JN]
Passed Senate amended, [20JY]
Senate insisted on its amendments and asked for a conference, [20JY]
Papers returned to Senate (pursuant to H. Res. 518), [12AU]
Senate insisted on its amendments and asked for a conference.
Conferees reappointed, [12AU]
House disagreed to Senate amendments and agreed to a conference.
Conferess appointed, [13SE]
Conference report (H. Rept. 103-734) submitted in the House, [20SE]
House agreed to conference report, [23SE]
House receded and agreed to Senate amendments, [23SE]
House receded and agreed to Senate amendments with amendments, [23SE]
Senate agreed to conference report, [27SE]
Senate agreed to House amendments to Senate amendments, [27SE]
Presented to the President (September 29, 1994)
Approved [Public Law 103-330] (signed September 30, 1994)
H.R. 4555--
A bill to provide assistance for the establishment of community rural
health networks in chronically underserved areas, to provide
incentives for providers of health care services to furnish services
in such areas, to assist providers of emergency medical services in
such areas, and for other purposes; jointly, to the Committees on
Energy and Commerce; Ways and Means; Foreign Affairs; the Judiciary.
By Mr. STENHOLM (for himself, Mr. Roberts, Mr. Slattery, Mr.
Gunderson, Mr. Clinger, Mr. Cooper, Mr. Emerson, Mr. Laughlin, Ms.
Long, Mr. Nussle, Mr. Oberstar, Mr. Payne of Virginia, Mr. Poshard,
Mr. Rowland, and Mr. Thomas of Wyoming), [9JN]
Cosponsors added, [29JN], [26JY], [21AU]
H.R. 4556--
A bill making appropriations for the Department of Transportation and
related agencies for the fiscal year ending September 30, 1995, and
for other purposes.
By Mr. CARR, [9JN]
Reported (H. Rept. 103-543, part 1), [9JN]
Reported (H. Rept. 103-543, part 2), [13JN]
Passed House amended, [16JN]
Passed Senate amended, [21JY]
Senate insisted on its amendments and asked for a conference, [21JY]
House disagreed to Senate amendments and agreed to a conference,
[20SE]
Conference report (H. Rept. 103-752) submitted in the House, [26SE]
House agreed to conference report, [28SE]
Senate agreed to conference report, [29SE]
Presented to the President (September 30, 1994)
Approved [Public Law 103-331] (signed September 30, 1994)
H.R. 4557--
A bill to amend the Social Security Act to require the Secretary of
Health and Human Services to establish a program to verify employee
Social Security information, and to require employers to use the
program; to the Committee on Ways and Means.
By Mr. CALVERT (for himself, Mr. Hall of Texas, Mr. McCollum, Mr.
Traficant, Mr. Bilbray, Mr. Holden, Mr. Smith of Texas, Mr. Collins
of Georgia, Mr. Levy, Mr. Hunter, Mr. McKeon, Mr. Gallegly, Mr.
Archer, Mr. Cunningham, Mr. Lehman, Mr. Smith of Oregon, Mr.
Emerson, Mr. Rohrabacher, Mr. Shays, Mr. Canady, Mr. Kim, Mr. Goss,
Ms. Molinari, Mr. Gallo, Mrs. Vucanovich, Mr. Lewis of Florida, Mrs.
Roukema, and Mr. Moorhead), [9JN]
Cosponsors added, [16JN], [22JN], [27JN], [20JY], [8AU], [10AU],
[13SE], [19SE], [26SE], [28SE]
H.R. 4558--
A bill to enhance fairness in compensating owners of patents used by the
United States; to the Committee on the Judiciary.
By Mr. FROST, [9JN]
H.R. 4559--
A bill to amend the Anglo-Irish Agreement Support Act of 1986 to
prohibit United States contributions to the International Fund for
Ireland; to the Committee on Foreign Affairs.
By Mr. FROST, [9JN]
Cosponsors added, [12JY], [4AU]
H.R. 4560--
A bill to provide the consent of Congress to the Northeast Interstate
Dairy Compact; to the Committee on the Judiciary.
By Mr. OLVER (for himself, Mrs. Johnson of Connecticut, Mr. Neal of
Massachusetts, Mr. Andrews of Maine, Mr. Blute, Ms. DeLauro, Mr.
Gejdenson, Mr. Kennedy, Mrs. Kennelly, Mr. Machtley, Mr. Markey, Mr.
McHugh, Mr. Meehan, Mr. Reed, Mr. Sanders, Ms. Snowe, Mr. Studds,
Mr. Swett, Mr. Torkildsen, Mr. Zeliff, and Mr. Franks of
Connecticut), [9JN]
Cosponsors added, [14JN], [9AU]
H.R. 4561--
A bill to amend the Public Health Service Act and the Social Security
Act to provide improved and expanded access to comprehensive primary
health care and related services for medically underserved and
vulnerable populations through the establishment of financial
support for the development of community-based health networks and
plans, to allow federally assisted health centers to expand their
capacity and develop and operate new sites to serve underserved and
vulnerable populations, to provide certain financial and other
protections for such networks, plans, and health centers, and to
facilitate the involvement of, and payment to, entities serving
underserved and vulnerable populations in the training and education
of primary care health professionals; jointly, to the Committees on
Energy and Commerce; Ways and Means.
By Mr. RANGEL (for himself, Mr. Richardson, Mr. Bonior, Mr. Owens, Mr.
Sanders, Mr. Parker, Mrs. Clayton, Mr. Rush, Mr. Abercrombie, Mrs.
Meek of Florida, Mr. Olver, Mr. Dellums, Ms. Velazquez, Mr. Barrett
of Wisconsin and Mr. Edwards of California), [9JN]
H.R. 4562--
A bill to require the Secretary of Agriculture to enter into appropriate
arrangements with the National Academy of Sciences to coordinate the
development of recommendations for public policy changes required to
implement an improved inspection program for meat and poultry
products; to the Committee on Agriculture.
By Mr. STENHOLM, [9JN]
Cosponsors added, [6OC]
H.R. 4563--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Orca; to the
Committee on Merchant Marine and Fisheries.
By Mrs. VUCANOVICH, [9JN]
H.R. 4564--
A bill to reorient the Department of Energy's fusion energy research
program toward development of commercially visable fusion power
systems, and for other purposes; to the Committee on Science, Space,
and Technology.
By Mr. SWETT, [10JN]
H.R. 4565--
A bill to provide for the establishment of business accounts for air
travel by Federal employees to maximize costs savings, and for other
purposes; jointly, to the Committees on Government Operations; House
Administration.
By Ms. ENGLISH of Arizona, [10JN]
Cosponsors added, [24JN], [12JY], [21JY], [26JY], [1AU]
H.R. 4566--
A bill to restore the American family, reduce illegitimacy, and reduce
welfare dependence; jointly, to the Committees on Ways and Means;
Education and Labor; Agriculture; Banking, Finance and Urban
Affairs; the Judiciary; Energy and Commerce; Government Operations;
Rules; Natural Resources; Public Works and Transportation.
By Mr. TALENT (for himself, Mr. Hutchinson, Mr. Canady, Mr. Armey, Mr.
Baker of California, Mr. Ballenger, Mr. Barton of Texas, Mr. Bliley,
Mr. Blute, Mr. Boehner, Mr. Burton of Indiana, Mr. Calvert, Mr.
Coble, Mr. Collins of Georgia, Mr. Cox, Mr. Crane, Mr. Dickey, Mr.
Doolittle, Mr. Dornan, Mr. Ewing, Mr. Grams, Mr. Hancock, Mr.
Hastert, Mr. Hoekstra, Mr. Hunter, Mr. Istook, Mr. Sam Johnson, Mr.
Kingston, Mr. Levy, Mr. Linder, Mr. Manzullo, Mr. McCollum, Mr.
McCrery, Mr. McHugh, Mr. Pombo, Mr. Rohrabacher, Mr. Roth, Mr.
Solomon, Mr. Stearns, Mr. Stump, Mr. Walker, and Mr. Zeliff), [10JN]
Cosponsors added, [16AU], [18AU], [27SE], [5OC]
H.R. 4567--
A bill to clear certain impediments to the licensing of a vessel for
employment in the coastwise trade and fisheries of the United
States; to the Committee on Merchant Marine and Fisheries.
By Mr. GILCHREST, [10JN]
H.R. 4568--
A bill making supplemental appropriations for the Department of Housing
and Urban Development for the fiscal year ending September 30, 1994,
and for other purposes; to the Committee on Appropriations.
By Mr. OBEY, [13JN]
Reported (H. Rept. 103-550), [17JN]
Passed House, [21JN]
Passed Senate, [22JN]
Presented to the President (June 28, 1994)
Approved [Public Law 103-275] (signed July 5, 1994)
H.R. 4569--
A bill to extend and make amendments to the President John F. Kennedy
Assassination Records Collection Act of 1992; to the Committee on
Government Operations.
By Mr. CONYERS (for himself and Mr. Clinger), [13JN]
Rules suspended. Passed House amended, [12JY]
Passed Senate amended, [10AU]
Rules suspended. House agreed to Senate amendments, [27SE]
Presented to the President (September 29, 1994)
Approved [Public Law 103-345] (signed October 6, 1994)
H.R. 4570--
A bill to improve and strengthen the child support collection system;
jointly, to the Committees on Ways and Means; the Judiciary;
Banking, Finance and Urban Affairs; Education and Labor; Armed
Services; Foreign Affairs; Post Office and Civil Service.
By Mrs. SCHROEDER (for herself, Ms. Snowe, Mrs. Roukema, Mrs.
Kennelly, Ms. Woolsey, Mrs. Morella, Ms. McKinney, Ms. Eddie Bernice
Johnson of Texas, Ms. Brown of Florida, Ms. DeLauro, Ms. Eshoo, Ms.
Margolies-Mezvinsky, Ms. Lowey, Ms. Norton, Mrs. Maloney, Mrs. Meek
of Florida, Ms. Harman, Mrs. Johnson of Connecticut, Ms. Pelosi,
Mrs. Byrne, Ms. Slaughter, Ms. Shepherd, Ms. Molinari, Ms.
Velazquez, Ms. English of Arizona, and Ms. Waters), [13JN]
Cosponsors added, [27JN], [30JN], [14JY], [19JY], [20JY], [28JY],
[5AU], [9AU], [16AU], [20AU], [13SE], [3OC], [7OC]
H.R. 4571--
A bill to designate the U.S. post office located at 103-104 Estate
Richmond in Saint Croix, VI, as the ``Wilbert Armstrong United
States Post Office''; to the Committee on Post Office and Civil
Service.
By Mr. de LUGO, [13JN]
Rules suspended. Passed House amended, [19SE]
Passed Senate, [8OC]
Presented to the President, (October 25, 1994)
Approved [Public Law 103-459] (signed November 2, 1994)
H.R. 4572--
A bill to amend the definition of disabled veteran in chapter 42 of
title 38, United States Code, for purposes of employment and
training benefits; to the Committee on Veterans' Affairs.
By Mr. MONTGOMERY (by request), [13JN]
H.R. 4573--
A bill for the purposes of providing for the full and complete
disclosure of information relating to applications for mineral
patents under the Mining Law of 1872; to the Committee on Natural
Resources.
By Mr. RAHALL, [13JN]
H.R. 4574--
A bill to amend part B of the Individuals with Disabilities Education
Act to provide that
[[Page 2633]]
the requirement regarding the continued educational placement of
children with disabilities in public schools during the pendency of
certain proceedings shall not apply with respect to disciplinary
proceedings against those children for possession of firearms or
other deadly weapons or assault with deadly weapons; to the
Committee on Education and Labor.
By Mr. STEARNS (for himself, Mr. Klug, Mr. Canady, Mr. Lewis of
Florida, and Mrs. Fowler), [13JN]
Cosponsors added, [12JY], [20SE], [28SE]
H.R. 4575--
A bill to direct the Secretary of the Army to transfer to the State of
Wisconsin lands and improvements associated with the LaFarge Dam and
Lake portion of the project for flood control and allied purposes,
Kickapoo River, WI, and for other purposes; to the Committee on
Public Works and Transportation.
By Mr. GUNDERSON (for himself and M. Petri), [14JN]
H.R. 4576--
A bill to designate the Federal building located at the northeast corner
of the intersection of 14th Street and Independence Avenue, SW., in
Washington, DC, as the ``Jamie L. Whitten Federal Building''; to the
Committee on Public Works and Transportation.
By Mr. TRAFICANT, [14JN]
Rules suspended. Passed House, [27JN]
Indefinitely postponed, [8OC]
H.R. 4577--
A bill to designate the Federal building and United States courthouse
located at 242 East Main Street in Bowling Green, KY, as the
``William H. Natcher Federal Building and United States
Courthouse''; to the Committee on Public Works and Transportation.
By Mr. TRAFICANT, [14JN]
Rules suspended. Passed House, [27JN]
Indefinitely postponed, [8OC]
H.R. 4578--
A bill to amend the Stewart B. McKinney Homeless Assistance Act to
revise and extend programs providing urgently needed assistance for
the homeless, and for other purposes; jointly, to the Committees on
Banking, Finance and Urban Affairs; Energy and Commerce; Ways and
Means.
By Mr. VENTO (for himself, Mrs. Roukema, Mr. Frank of Massachusetts,
and Mr. Kennedy), [14JN]
Cosponsors added, [26AU], [29SE]
H.R. 4579--
A bill to amend Title V of the Housing Act of 1949 to make necessary
reforms to the Section 515 Rural Housing program; jointly, to the
Committees on Banking, Finance and Urban Affairs; Ways and Means.
By Mrs. CLAYTON (for herself, Mr. Clyburn, and Mr. Thompson), [14JN]
Cosponsors added, [15JN]
H.R. 4580--
A bill to establish the Geno Baroni Commission on Neighborhoods and
provide for a White House Conference on Neighborhoods, and for other
purposes; to the Committee on Banking, Finance and Urban Affairs.
By Ms. KAPTUR, [14JN]
Cosponsors added, [30JN]
H.R. 4581--
A bill to provide for the imposition of temporary fees in connection
with the handling of complaints of violations of the Perishable
Agriculture Commodities Act, 1930; to the Committee on Agriculture.
By Mr. de la GARZA, [15JN]
Committee discharged. Passed House, [16JN]
Passed Senate [28JN]
Presented to the President (July 1, 1994)
Approved [Public Law 103-276] (signed July 5,1994)
H.R. 4582--
A bill to require the Architect of the Capitol to establish and maintain
a comprehensive personnel management system, and for other purposes;
jointly, to the Committees on House Administration; Post Office and
Civil Service.
By Ms. NORTON (for herself, Mr. Wynn, Mr. Mfume, and Mr. Rangel),
[15JN]
Cosponsors added, [21JN], [24JN]
H.R. 4583--
A bill to clear certain impediments to the licensing of a vessel for
employment in coastwise trade and fisheries of the United States; to
the Committee on Merchant Marine and Fisheries.
By Mr. GILCHREST, [15JN]
H.R. 4584--
A bill to impose restrictions on the use of certain special purpose
aircraft; to the Committee on Public Works and Transportation.
By Mr. OBERSTAR, [15JN]
Cosponsors added, [20JY]
H.R. 4585--
A bill to promote freedom, fairness, and economic opportunity for
families by reducing the power and reach of the Federal
establishment; jointly, to the Committees on Ways and Means;
Government Operations; Rules.
By Mr. ARMEY, [16JN]
Cosponsors added, [21JY], [1AU], [11AU], [7OC]
H.R. 4586--
A bill to renew and improve the operation of title V of the Trade Act of
1974 (relating to the Generalized System of Preferences); to the
Committee on Ways and Means.
By Mr. BROWN of California (for himself and Mr. LaFalce), [16JN]
H.R. 4587--
A bill to authorize U.S. contributions to the Inter-American Development
Bank, the Fund for Special Operations, the African Development Fund,
the Global Environment Facility, and the Enhanced Structural
Adjustment Facility of the International Monetary Fund, and for
other purposes; to the Committee on Banking, Finance and Urban
Affairs.
By Mr. FRANK of Massachusetts (for himself and Mr. Bereuter), [16JN]
H.R. 4588--
A bill to amend the Internal Revenue Code of 1986 to consolidate the
retail level and refinery level taxes on aviation gasoline by
imposing the entire tax at the refinery level; to the Committee on
Ways and Means.
By Mr. HANCOCK (for himself, Mr. Brewster, Mr. Archer, Mr. Mineta, Mr.
Oberstar, Mr. Clinger, Mr. Carr, Mr. Herger, Mr. Parker, Mr.
Lightfoot, Mr. Pete Geren of Texas, Mr. Inhofe, Mr. Minge, Mr.
Petri, Mr. Sangmeister, Mr. Lewis of Florida, Mr. Costello, Mr.
Young of Alaska, Mr. Ballenger, Mr. Gene Green of Texas, Mr. Zeliff,
Mr. Valentine, Mr. Sensenbrenner, and Mr. DeFazio), [16JN]
H.R. 4589--
A bill to amend the Clean Air Act to provide for an optional provision
for the reduction of work-related vehicle trips and miles traveled
in ozone nonattainment areas designated as severe, and for other
purposes; to the Committee on Energy and Commerce.
By Mr. MANZULLO (for himself, Mr. Hastert, Mr. Crane, Mr. Fawell, Mr.
Hyde, Mr. Sangmeister, Mr. Ewing, Mr. Fields of Texas, Mr. Archer,
Mr. Walker, Mr. Greenwood, Mr. Santorum, Mr. Dornan, Mr. Cunningham,
Mr. Hunter, Mr. Rohrabacher, Mr. Hughes, Mr. Bartlett of Maryland,
Mr. Hoekstra, Mr. DeLay, Mr. Saxton, and Mr. Gallo), [16JN]
Cosponsors added, [23JN], [28JN], [14JY], [18JY], [25JY], [26JY],
[4AU], [22SE], [29SE], [6OC]
H.R. 4590--
A bill to provide conditions for renewing nondiscriminatory (most-
favored-nation) treatment for the People's Republic of China;
jointly, to the Committees on Ways and Means; Rules.
By Ms. PELOSI (for herself, Mr. Gephardt, Mr. Bonior, Mr. Moakley, Mr.
Rangel, Mr. Stark, Mr. Rose, Mr. Gilman, Mr. Wolf, Mr. Solomon, Mr.
Gejdenson, Mr. Edwards of California, Mr. Lantos, Mr. Synar, Mr.
Hoyer, Mr. Lewis of Georgia, Mr. Abercrombie, Mr. Andrews of Maine,
Mr. Barton of Texas, Mr. Berman, Mr. Cardin, Ms. Eshoo, Mr. Frank of
Massachusetts, Mr. Hamburg, Ms. Kaptur, Ms. Lowey, Mr. Markey, Ms.
McKinney, Mr. Mfume, Mr. Miller of California, Mrs. Mink of Hawaii,
Mr. Olver, Mr. Rohrabacher, Mr. Smith of New Jersey, Mrs. Unsoeld,
Ms. Woolsey, Mr. Kennedy, Mr. Hefner, and Mr. Obey), [16JN]
Cosponsors added, [30JN], [20JY], [27JY], [28JY]
Reported with amendment (H. Rept. 103-640), [1AU]
Cosponsors removed, [4AU]
Passed House amended, [9AU]
H.R. 4591--
A bill to establish a system for regulating and licensing the
distribution of firearms, and for other purposes; to the Committee
on the Judiciary.
By Mr. RUSH, [16JN]
H.R. 4592--
A bill to appropriate 2 percent of Federal individual income tax
revenues to the States to fight crime; jointly, to the Committees on
the Judiciary; Government Operations; Rules; Ways and Means.
By Mr. SENSENBRENNER, [16JN]
Cosponsors added, [22JN], [28JN], [12JY], [14JY], [20JY], [25JY],
[28JY], [5AU], [18AU]
H.R. 4593--
A bill entitled ``Entitlement Control Act of 1994''; jointly, to the
Committees on Government Operations; Rules.
By Mr. STENHOLM (for himself, Mr. Penny, Mr. Deal, Mr. LaRocco, and
Mr. Orton), [16JN]
H.R. 4594--
A bill to amend the Japan-United States Friendship Act to broaden
investment authority and to strengthen criteria for membership on
the Japan-United States Friendship Commission; to the Committee on
Foreign Affairs.
By Mr. WISE (for himself and Mr. Petri), [16JN]
H.R. 4595--
A bill to designate the building located at 4021 Laclede in St. Louis,
MO, for the period of time during which it houses operations of the
U.S. Postal Service, as the ``Marian Oldham Post Office''; to the
Committee on Post Office and Civil Service.
By Mr. CLAY, [17JN]
Rules suspended. Passed House, [27JN]
Passed Senate, [8OC]
Presented to the President (October 25, 1994)
Approved [Public Law 103-460] (signed November 2,1994)
H.R. 4596--
A bill to designate the building located at 2200 North Highway 67 in
Florissant, MO, for the period of time during which it houses
operations of the U.S. Postal Service, as the ``John L. Lawler, Jr.
Post Office''; to the Committee on Post Office and Civil Service.
By Mr. CLAY, [17JN]
Rules suspended. Passed House, [27JN]
H.R. 4597--
A bill to amend the Occupational Safety and Health Act of 1970; to the
Committee on Education and Labor.
By Mr. FAWELL (for himself, Mr. Goodling, Mr. Petri, Mr. Gunderson,
Mr. Ballenger, Ms. Molinari, Mr. Barrett of Nebraska, Mr. Hoekstra,
Mr. McKeon, Mr. Miller of Florida, Mr. Greenwood, Mr. Packard, Mr.
Armey, Mr. Hefley, Mr. Canady, Mr. Knollenberg, Mr. Stenholm, Mr.
Upton, Mr. Cunningham, Mr. Castle, Mr. Hancock, Mr. Lewis of
Florida, Mr. Porter, and Ms. Pryce of Ohio), [17JN]
H.R. 4598--
A bill to direct the Secretary of the Interior to make technical
corrections to maps relating to the Coastal Barrier Resources
System; to the Committee on Merchant Marine and Fisheries.
By Mrs. FOWLER (for herself, Mr. Deutsch, Mr. Goss, Mr. Hoekstra, Mr.
Hutto, Mr. Lewis of Florida, Mr. McHugh, and Mr. Pickett), [17JN]
Rules suspended. Passed House amended, [12JY]
Passed Senate amended, [7OC]
House agreed to Senate amendment, [7OC]
Presented to the President (October 24, 1994)
Approved [Public Law 103-461] (signed November 2, 1994)
H.R. 4599--
A bill to authorize the lease of certain property transferred to the
District of Columbia, and for other purposes; jointly, to the
Committees on Natural Resources; the District of Columbia.
By Ms. NORTON, [17JN]
H.R. 4600--
A bill to amend the Congressional Budget and Impoundment Control Act of
1974 to provide for the expedited consideration of certain proposed
rescissions of budget authority; jointly, to the Committees on
Government Operations; Rules.
By Mr. SPRATT, [17JN]
Reported (H. Rept. 103-557), [23JN]
Passed House amended, [14JY]
H.R. 4601--
A bill to authorize the Secretary of Transportation to issue a
certificate of documenation with appropriate endorsement for
employment in the coastwise trade for the vessel Cygne Sauvage; to
the Committee on Merchant Marine and Fisheries.
By Mr. BROOKS, [17JN]
H.R. 4602--
A bill making appropriations for the Department of the Interior and
related agencies for the
[[Page 2634]]
fiscal year ending September 30, 1995, and for other purposes.
By Mr. YATES, [17JN]
Reported (H. Rept. 103-551), [17JN]
Considered, [22JN]
Passed House amended, [23JN]
Passed Senate amended, [26JY]
Senate insisted on its amendments and asked for a conference, [26JY]
House disagreed to Senate amendments and agreed to a conference,
[13SE]
Conference report (H. Rept. 103-740) submitted in the House, [22SE]
House agreed to conference report, [27SE]
Senate agreed to conference report, [28SE]
Presented to the President (September 30, 1994)
Approved [Public Law 103-332] (signed September 30, 1994)
H.R. 4603--
A bill making appropriations for the Department of Commerce, Justice,
and State, the Judiciary, and related agencies programs for the
fiscal year ending September 30, 1995, and making supplemental
appropriations for these departments and agencies for the fiscal
year ending September 30, 1994, and for other purposes.
By Mr. MOLLOHAN, [21JN]
Reported (H. Rept. 103-552), [21JN]
Passed House amended, [28JN]
Passed Senate amended, [22JY]
Senate insisted on its amendments and asked for a conference, [22JY]
House disagreed to Senate amendments and agreed to a conference,
[10AU]
Conferees appointed, [10AU]
Conference report (H. Rept. 103-708) submitted in the House, [16AU]
House agreed to conference report, [18AU]
Senate agreed to conference report, [19AU]
Presented to the President (August 22, 1994)
Approved [Public Law 103-317] (signed August 26, 1994)
H.R. 4604--
A bill to establish direct spending targets, and for other purposes;
jointly, to the Committees on Government Operations; Rules.
By Mr. SPRATT, [21JN]
Reported (H. Rept. 103-602), [14JY]
Recommitted to Committee on Rules, [21JY]
Reported amended, [21JY]
Passed House amended, [21JY]
H.R. 4605--
A bill to amend the Social Security Act, the Food Stamp Act, and other
relevant statutes to redesign the program of aid to families with
dependent children to establish a program that provides time-
limited, transitional assistance, prepares individuals for and
requires employment, prevents dependency, overhauls the child
support enforcement mechanism at both State and Federal levels, and
for other purposes; jointly, to the Committees on Ways and Means;
Agriculture; Education and Labor.
By Mr. GIBBONS (for himself, Mr. Ford of Michigan, Mr. Ford of
Tennessee, Mr. Martinez, Mr. Gephardt, Mr. Cardin, Mr. Ackerman, and
Mr. Cramer), [21JN]
Cosponsors added, [28JN], [4OC]
H.R. 4606--
A bill making appropriations for the Departments of Labor, Health and
Human Services, and Education, and related agencies, for the fiscal
year ending September 30, 1995, and for other purposes.
By Mr. SMITH of Iowa, [21JN]
Reported (H. Rept. 103-553), [21JN]
Considered, [28JN]
Passed House amended, [29JN]
Passed Senate amended, [10AU]
Senate insisted on its amendments and asked for a conference, [10AU]
House disagreed to Senate amendments and agreed to a conference,
[13SE]
Conference report (H. Rept. 103-733) submitted in the House, [20SE]
House agreed to conference report, [22SE]
House receded and agreed to Senate amendments, [22SE]
House receded and agreed to Senate amendments with amendments, [22SE]
Senate agreed to conference report, [27SE]
Senate agreed to House amendments to Senate amendments, [27SE]
Senate agreed to House amendment to Senate amendment, [28SE]
Presented to the President (September 29, 1994)
Approved [Public Law 103-333] (signed September 30, 1994)
H.R. 4607--
A bill to establish the Vancouver National Heritage Area, and for other
purposes; to the Committee on Natural Resources.
By Mrs. UNSOELD, [21JN]
H.R. 4608--
A bill to authorize appropriations for the Patent and Trademark Office
in the Department of Commerce for fiscal year 1995, and for other
purposes; to the Committee on the Judiciary.
By Mr. HUGHES (for himself and Mr. Moorhead), [21JN]
Reported with amendment (H. Rept. 103-777), [3OC]
Failed of passaged under suspension of the rules, [3OC]
H.R. 4609--
A bill to establish a Commission on Integration of Workers' Compensation
Medical Benefits to study and develop a detailed plan for
implementing the transfer of financial responsibility for workers'
compensation medical benefits to health insurers, and to provide for
the implementation of the plan; jointly, to the Committees on
Education and Labor; Energy and Commerce; Ways and Means; Armed
Services; Post Office and Civil Service; Natural Resources;
Veterans' Affairs.
By Mr. FAZIO (for himself and Mr. Miller of California), [21JN]
H.R. 4610--
A bill to amend Title XVIII of the Social Security Act to provide for
coverage of self-administered Betaseron treatments for Multiple
Sclerosis under the Medicare Program, and for other purposes;
jointly, to the Committees on Ways and Means; Energy and Commerce.
By Mr. LaFALCE, [21JN]
Cosponsors added, [1AU], [12AU], [19SE], [23SE], [29SE], [5OC]
H.R. 4611--
A bill to direct the Secretary of Transportation to convey to the
Montauk Historical Society Light Station Montauk Point, located at
Montauk, NY; to the Committee on Merchant Marine and Fisheries.
By Mr. HOCHBRUECKNER, [21JN]
H.R. 4612--
A bill to amend the Internal Revenue Code of 1986 to exempt gain from
the sale of a principal residence from tax; to the Committee on Ways
and Means.
By Mr. JOHNSTON of Florida (for himself, Mrs. Thurman, Mr. Wilson, Mr.
Faleomavaega, Mr. Canady, Mr. Royce, and Mr. Lipinski), [21JN]
Cosponsors added, [13JY]
H.R. 4613--
A bill to protect the ecologically fragile coastal resources of south
Florida by prohibiting offshore oil and gas activities and by
cancelling Federal leases in the area of the outer Continental Shelf
adjacent to the south Florida coast; jointly, to the Committees on
Natural Resources; Merchant Marine and Fisheries.
By Mr. JOHNSTON of Florida (for himself and Mr. Goss), [21JN]
H.R. 4614--
A bill to amend the Federal Water Pollution Control Act to provide
grants for projects that demonstrate technologies and methods for
reducing discharges from combined sewer overflows into navigable
waters of interstate significance; to the Committee on Public Works
and Transportation.
By Mr. OLVER (for himself and Mr. Neal of Massachusetts), [21JN]
H.R. 4615--
A bill to make the provisions of the act commonly known as the ``Warren
Act'' to the Central Utah Project, UT, and for other purposes; to
the Committee on Natural Resources.
By Mr. ORTON (for himself and Ms. Shepherd), [21JN]
Reported with amendments (H. Rept. 103-791), [3OC]
H.R. 4616--
A bill to amend the Natural Gas Pipeline Safety Act of 1968 and the
Hazardous Liquid Pipeline Safety Act of 1979 to improve natural gas
and hazardous liquid pipeline safety, in response to the natural gas
pipeline accident in Edison, NJ, and for other purposes; jointly, to
the Committees on Energy and Commerce; Public Works and
Transportation.
By Mr. PALLONE, [21JN]
Cosponsors added, [21JY]
H.R. 4617--
A bill to amend the Freedom for Russia and Emerging Eurasian Democracies
and Open Markets Support Act of 1992 to repeal the restriction on
assistance to Azerbaijan; to the Committee on Foreign Affairs.
By Mr. PENNY, [21JN]
Cosponsors added, [30JN], [25JY]
H.R. 4618--
A bill to authorize the Secretary of Agriculture to impose labeling
requirements for milk and milk products produced from cows which
have been treated with synthetic bovine growth hormone, to amend the
Agriculture Act of 1949 to require the Secretary of Agriculture to
reduce the price received by producers for milk that is produced by
cows injected with synthetic bovine growth hormone, to direct the
Secretary of Health and Human Services to develop a synthetic BGH
residue test, and for other purposes; to the Committee on
Agriculture.
By Mr. SANDERS (for himself, Mr. Andrews of Maine, Ms. Collins of
Michigan, Mr. DeFazio, Mr. Dellums, Mr. Engel, Mr. Foglietta, Mr.
Gonzalez, Mr. Gutierrez, Mr. Hinchey, Mr. Johnston of Florida, Mrs.
Kennelly, Mrs. Mink of Hawaii, Mr. Moran, Mr. Nadler, Mr. Oberstar,
Mr. Obey, Mr. Owens, Mrs. Unsoeld, Mrs. Schroeder, Mr. Shays, Ms.
Velazquez, Mr. Vento, Mr. Washington, and Mr. Yates), [21JN]
Cosponsors added, [29JN], [26JY], [28JY], [1AU], [3AU], [12SE],
[23SE], [4OC]
H.R. 4619--
A bill to amend title 18, United States Code, to provide an official
duty defense to certain section 32 and related offenses; to the
Committee on the Judiciary.
By Mr. SCHUMER, [21JN]
H.R. 4620--
A bill to provide that the costs relating to repairs correcting seepage
problems at Twin Buttes Dam, TX, are nonreimbursable; to the
Committee on Natural Resources.
By Mr. STENHOLM (for himself and Mr. Smith of Texas), [21JN]
H.R. 4621--
A bill to establish a National Academy of Space, and for other purposes;
to the Committee on Science, Space, and Technology.
By Mr. TRAFICANT, [21JN]
H.R. 4622--
A bill to authorize the Secretary of Transportation to convey for
scrapping to the Mariner's Museum in Newport News, VA, a vessel in
the National Defense Reserve Fleet that is scheduled to be scrapped;
to the Committee on Merchant Marine and Fisheries.
By Mr. BATEMAN, [22JN]
H.R. 4623--
A bill entitled, ``The Anti-Hypocrisy Deficit Reduction Act,'' to
provide for anti-hypocritical adjustments for fiscal year 1994;
jointly, to the Committees on Government Operations; Appropriations.
By Mr. OBEY (for himself, Mr. Sarpalius, Ms. Shepherd, Mr. Bonior, Mr.
Wise, and Mr. Derrick), [22JN]
Cosponsors added, [23JN]
H.R. 4624--
A bill making appropriations for the Departments of Veterans Affairs and
Housing and Urban Development, and for sundry independent agencies,
boards, commissions, corporations, and offices for the fiscal year
ending September 30, 1995, and for other purposes.
By Mr. STOKES, [22JN]
Reported (H. Rept. 103-555), [22JN]
Passed House amended, [29JN]
Passed Senate amended, [4AU]
Senate insisted on its amendments and asked for a conference, [4AU]
House disagreed to Senate amendments and agreed to a conference,
[17AU]
Conference report (H. Rept. 103-715) submitted in the House, [1SE]
House agreed to conference report, [12SE]
[[Page 2635]]
House receded and agreed to Senate amendments, [12SE]
House receded and agreed to Senate amendments with amendments, [12SE]
Senate agreed to conference report, [27SE]
Senate agreed to House amendments to Senate amendments, [27SE]
Presented to the President (September 28, 1994)
Approved [Public Law 103-327] (signed September 28, 1994)
H.R. 4625--
A bill to make technical corrections to the Egg Products Inspection Act;
to the Committee on Agriculture.
By Mr. BISHOP (for himself, Ms. Long, Mr. Hilliard, and Mr. Kingston),
[22JN]
H.R. 4626--
A bill to amend the Internal Revenue Code of 1986 to clarify the
treatment of foreign source income of U.S.-owned multinational
insurance agents and brokers; to the Committee on Ways and Means.
By Mr. CARDIN (for himself and Mr. Archer), [22JN]
H.R. 4627--
A bill to provide for the negotiation of prisoner transfer treaties in
order to relieve overcrowding in Federal and State prisons; to the
Committee on Foreign Affairs.
By Mr. CARR, [22JN]
H.R. 4628--
A bill to amend the Harmonized Tariff Schedule of the United States to
extend certain provisions relating to verification of wages and
issuance of duty refund certificates to insular producers in the
U.S. Virgin Islands, Guam, and American Samoa; and for other
purposes; to the Committee on Ways and Means
By Mr. de LUGO, [22JN]
H.R. 4629--
A bill to amend the Truth in lending Act to impose a civil penalty on a
creditor under an open and consumer credit plan that engages in a
pattern of unlawfully billing any obligator under the plan; to the
Committee on Banking, Finance and Urban Affairs.
By Mr. KILDEE, [22JN]
H.R. 4630--
A bill to amend title 23, United States Code, to improve safety at rail-
highway grade crossings and railroad rights-of-way, and for other
purposes; to the Committee on Public Works and Transportation.
By Mr. MINETA (by request), [22JN]
H.R. 4631--
A bill to direct the Secretary of Interior to enter into negotiations on
the Nueces River project, TX; to the Committee on Natural Resources.
By Mr. ORTIZ, [22JN]
H.R. 4632--
A bill to establish a program to provide Federal payment to States for
the operation of programs for long-term care services for needy
individuals with disabilities, to amend the Internal Revenue Code of
1986 to revise the tax treatment of expenses for long-term care
insurance and services, to reform standards for the long-term care
insurance market, and for other purposes; jointly, to the Committees
on Energy and Commerce; Ways and Means.
By Mr. PETERSON of Florida, [22JN]
H.R. 4633--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade and on the Great Lakes and their
tributary and connecting waters in trade with Canada for each of 2
barges; to the Committee on Merchant Marine and Fisheries.
By Mr. ROTH, [22JN]
H.R. 4634--
A bill to amend the Internal Revenue Code of 1986 to provide that a
taxpayer may elect to include in income crop insurance proceeds and
disaster payments in the year of the disaster or in the following
year, to provide for a technical correction regarding indexation of
the threshold applicable to the luxury automobile excise tax, and
for other purposes; to the Committee on Ways and Means.
By Mr. MINGE, [23JN]
Cosponsors added, [29JN], [12JY]
H.R. 4635--
A bill to extend the Export Administration Act of 1979; to the Committee
on Foreign Affairs.
By Mr. HAMILTON, [23JN]
Rules suspended. Passed House, [27JN]
Passed Senate, [30JN]
Presented to the President (July 1, 1994)
Approved [Public Law 103-277] (signed July 5, 1994)
H.R. 4636--
A bill to prohibit employment discrimination on the basis of sexual
orientation; to the Committee on Education and Labor.
By Mr. STUDDS (for himself, Mr. Frank of Massachusetts, Mr. Waxman,
Mr. Edwards of California, Mr. Abercrombie, Mr. Ackerman, Mr.
Andrews of Maine, Mr. Bacchus of Florida, Mr. Becerra, Mr.
Beilenson, Mr. Berman, Mr. Blackwell, Mr. Bonior, Ms. Cantwell, Mr.
Cardin, Mr. Clay, Mrs. Clayton, Ms. Collins of Michigan, Mr.
Conyers, Mr. Coppersmith, Mr. DeFazio, Ms. DeLauro, Mr. Dellums, Mr.
Derrick, Mr. Deutsch, Mr. Dixon, Mr. Engel, Ms. English of Arizona,
Ms. Eshoo, Mr. Evans, Mr. Farr, Mr. Fazio, Mr. Filner, Mr. Flake,
Mr. Foglietta, Mr. Ford of Michigan, Ms. Furse, Mr. Gejdenson, Mr.
Gonzalez, Mr. Gutierrez, Mr. Hamburg, Ms. Harman, Mr. Hastings, Mr.
Hinchey, Mr. Hochbrueckner, Mr. Hoyer, Mr. Huffington, Mr.
Jefferson, Mr. Johnston of Florida, Mr. Kennedy, Mr. Kopetski, Mr.
Kreidler, Mr. Lantos, Mr. Lewis of Georgia, Ms. Lowey, Mr. Machtley,
Mrs. Maloney, Ms. Margolies-Mezvinsky, Mr. Markey, Mr. Martinez, Mr.
Matsui, Mr. McDermott, Ms. McKinney, Mr. Meehan, Mrs. Meek of
Florida, Mr. Menendez, Mr. Mfume, Mr. Miller of California, Mr.
Mineta, Mrs. Mink of Hawaii, Mr. Moran, Mrs. Morella, Mr. Nadler,
Ms. Norton, Mr. Olver, Mr. Owens, Mr. Pallone, Mr. Pastor, Mr. Payne
of New Jersey, Ms. Pelosi, Mr. Rangel, Mr. Reed, Mr. Reynolds, Ms.
Roybal-Allard, Mr. Rush, Mr. Sabo, Mr. Sanders, Ms. Schenk, Mrs.
Schroeder, Mr. Schumer, Mr. Serrano, Mr. Shays, Mr. Skaggs, Ms.
Slaughter, Mr. Stark, Mr. Stokes, Mr. Torricelli, Mr. Towns, Mr.
Underwood, Mrs. Unsoeld, Ms. Velazquez, Mr. Vento, Mr. Washington,
Ms. Waters, Mr. Watt, Ms. Woolsey, Mr. Wyden, Mr. Wynn, and Mr.
Yates), [23JN]
Cosponsors added, [13JY], [4AU], [20AU], [5OC], [29NO]
H.R. 4637--
A bill to assure compliance with the guarantees of the 5th, 14th, and
15th amendments to the Constitution by prohibiting the intentional
creation of legislative districts which favor or discriminate
against individuals based on the race, color, national origin, or
language of voters within such districts; to the Committee on the
Judiciary.
By Mr. BONILLA, [23JN]
H.R. 4638--
A bill to consolidate the administration of defense economic conversion
activities in the Executive Office of the President; to the
Committee on Government Operations.
By Ms. SNOWE, [23JN]
H.R. 4639--
A bill to amend the Internal Revenue Code of 1986 to provide tax
incentives relating to the closure, realignment, or downsizing of
military installations; to the Committee on Ways and Means.
By Ms. SNOWE, [23JN]
H.R. 4640--
A bill to establish a Gulf of Maine Council to promote the economic
development and ensure the environmental quality of the Gulf of
Maine, and for other purposes; jointly, to the Committees on
Merchant Marine and Fisheries; Foreign Affairs; Public Works and
Transportation.
By Mr. ANDREWS of Maine (for himself and Mr. Studds), [23JN]
H.R. 4641--
A bill to restore the previous tariff treatment accorded to hand-cast
string-drawn fishing nets; to the Committee on Ways and Means.
By Mr. SUNDQUIST, [23JN]
H.R. 4642--
A bill to provide for the restoration of Washington Square in
Philadelphia and for its inclusion within Independence National
Historical Park, and for other purposes; to the Committee on Natural
Resources.
By Mr. FOGLIETTA, [23JN]
Reported with amendment (H. Rept. 103-797), [3OC]
H.R. 4643--
A bill to amend the Solid Waste Disposal Act to provide and clarify the
authority for certain municipal solid waste flow control
arrangements; to the Committee on Energy and Commerce.
By Mr. RICHARDSON (for himself, Mr. Fields of Texas, Mr. Bryant, and
Mr. Grams), [23JN]
Cosponsors added, [29JN], [12JY], [13JY], [14JY], [20JY], [21JY],
[2AU], [3AU], [4AU], [10AU], [16AU], [17AU], [20SE], [27SE]
H.R. 4644--
A bill to amend the Defense Economic Adjustment, Diversification,
Conversion, and Stabilization Act of 1990 to give priority in the
provision of community economic adjustment assistance to those
communities most seriously affected by reductions in defense
spending, the completion, cancellation, or termination of defense
contracts, or the closure or realignment of military installations;
jointly, to the Committees on Banking, Finance and Urban Affairs;
Public Works and Transportation; Education and Labor; Armed
Services; Small Business.
By Ms. SNOWE, [23JN]
H.R. 4645--
A bill to amend the Federal Power Act to authorize the Federal Energy
Regulatory Commission to disallow recovery of certain costs incurred
by public utilities pursuant to transactions authorized under
section 13(b) of the Public Utility Holding Company Act of 1935, and
for other purposes; to the Committee on Energy and Commerce.
By Mr. BOUCHER (for himself, Mr. Sharp, Mr. Markey, and Mr. Dingell),
[24JN]
Cosponsors added, [25JY]
H.R. 4646--
A bill to amend title XIX of the Social Security Act to make optional
the requirement that a State seek adjustment or recovery from an
individual's estate of any medical assistance correctly paid on
behalf of the individual under the State plan under such title, and
to raise the minimum age of the individuals against whose estates
the State is permitted to seek such adjustment or recovery; to the
Committee on Energy and Commerce.
By Mr. DEAL (for himself, Mr. Johnson of Georgia, Mr. Gene Green of
Texas, Mr. Parker, and Mr. Sanders), [24JN]
Cosponsors added, [13SE]
H.R. 4647--
A bill to direct the Secretary of the Interior to convey to the city of
Imperial Beach, CA, approximately 1 acre of land in the Tijuana
Slough National Wildlife Refuge; to the Committee on Merchant Marine
and Fisheries.
By Ms. SCHENK, [24JN]
Rules suspended. Passed House, [12JY]
Passed Senate, [21SE]
Presented to the President (September 26, 1994)
Approved [Public Law 103-346] (signed October 6, 1994)
H.R. 4648--
A bill to amend the Internal Revenue Code of 1986 to provide an
exclusion from gross income for that portion of a governmental
pension received by an individual which does not exceed the maximum
benefits payable under title II of the Social Security Act which
could have been excluded from income for the taxable year; to the
Committee on Ways and Means.
By Mr. VENTO, [24JN]
H.R. 4649--
A bill making appropriations for the government of the District of
Columbia and other activities chargeable in whole or in part against
the revenues of said District for the fiscal year ending September
30, 1995, and for other purposes.
By Mr. DIXON, [24JN]
Reported (H. Rept. 103-558), [24JN]
Passed House amended, [13JY]
Passed Senate amended, [21JY]
Senate insisted on its amendments and asked for a conference, [21JY]
House disagreed to Senate amendments and agreed to a conference,
[28JY]
Conference report (H. Rept. 103-671) submitted in the House, [4AU]
House agreed to conference report, [8AU]
House receded and agreed to Senate amendments with amendments, [8AU]
Senate agreed to conference report, [21SE]
Senate agreed to House amendments to Senate amendments, [30SE]
[[Page 2636]]
Presented to the President (September 30, 1994)
Approved [Public Law 103-334] (signed September 30, 1994)
H.R. 4650--
A bill making appropriations for the Department of Defense for the
fiscal year ending September 30, 1995, and for other purposes.
By Mr. MURTHA, [27JN]
Reported (H. Rept. 103-562), [27JN]
Passed House amended, [29JN]
Passed Senate amended, [11AU]
Senate insisted on its amendments and asked for a conference, [11AU]
House disagreed to Senate amendments and agreed to a conference,
[13SE]
Conference report (H. Rept. 103-747) submitted in the House, [26SE]
House agreed to conference report, [29SE]
Senate agreed to conference report, [29SE]
House receded and agreed to Senate amendment, [8AU]
Presented to the President (September 30, 1994)
Approved [Public Law 103-335] (signed September 30, 1994)
H.R. 4651--
A bill to require bottled water to meet maximum contaminant levels
established under the Safe Drinking Water Act, and for other
purposes; to the Committee on Energy and Commerce.
By Mr. BRYANT, [27JN]
H.R. 4652--
A bill to establish a Science Start Grant Program, and for other
purposes; to the Committee on Education and Labor.
By Mr. FURSE, [27JN]
H.R. 4653--
A bill to settle Indian land claims within the State of Connecticut, and
for other purposes; to the Committee on Natural Resources.
By Mr. GEJDENSON, [27JN]
Reported with amendment (H. Rept. 103-676), [5AU]
Rules suspended. Passed House amended, [8AU]
Passed Senate amended, [3OC]
Rules suspended. House agreed to Senate amendment, [5OC]
Presented to the President (October 11, 1994)
Approved [Public Law 103-377] (signed October 19, 1994)
H.R. 4654--
A bill to amend title XVIII of the Social Security Act to provide for
coverage under part B of the Medicare Program of drugs approved by
the Food and Drug Administration for the treatment of individuals
with multiple sclerosis; jointly, to the Committees on Ways and
Means; Energy and Commerce.
By Mr. GREENWOOD, [27JN]
Cosponsors added, [11AU], [16AU], [18AU], [26AU], [7OC]
H.R. 4655--
A bill to amend the Internal Revenue Code of 1986 to exclude length of
service awards to volunteers performing firefighting or prevention
services, emergency medical services, or ambulance services from the
limitations applicable to certain deferred compensation plans, and
for other purposes; to the Committee on Ways and Means.
By Mr. McNULTY (for himself and Mr. Bunning), [27JN]
H.R. 4656--
A bill to make the provisions of title IV of the Trade Act of 1974
applicable to Cambodia; to the Committee on Ways and Means.
By Mr. SANTORUM, [27JN]
H.R. 4657--
A bill to eliminate certain welfare benefits with respect to fugitive
felons and probation and parole violators, and to facilitate sharing
of information with police officers; jointly, to the Committees on
Energy and Commerce; Ways and Means; Agriculture; Banking, Finance
and Urban Affairs.
By Mr. SANTORUM (for himself, Mr. Blute, Mr. Brewster, Mr. Camp, Mr.
DeLay, Mr. Hayes, Mr. Herger, Mr. Shaw, Mr. Stenholm, and Mr.
Talent), [27JN]
Cosponsors added, [14JY], [25JY], [28JY]
H.R. 4658--
A bill to require the labeling, advertising, and promotion of tobacco
products to disclose the additives to and constituents of the
products and tobacco smoke, and for other purposes; to the Committee
on Energy and Commerce.
By Ms. SHEPHERD (for herself, Mr. Waxman, Mr. Durbin, Mr. Synar, Mr.
Meehan, Mr. Barrett of Wisconsin, and Mr. Hilliard), [27JN]
Cosponsors removed, [5AU]
Cosponsors added, [7OC]
H.R. 4659--
A bill to impose certain requirements on health care liability claims;
to the Committee on the Judiciary.
By Mr. STUMP, [27JN]
H.R. 4660--
A bill to authorize issuance of a certificate of documentation with
appropriate endorsement for the vessel Smalley 6808 amphibious
dredge; to the Committee on Merchant Marine and Fisheries.
By Mr. GOSS, [27JN]
H.R. 4661--
A bill to establish congressional findings and amend the Solid Waste
Disposal Act to provide congressional authorization of State control
over transportation and disposal of municipal solid waste, and for
other purposes; to the Committee on Energy and Commerce.
By Mr. SMITH of New Jersey (for himself, Mr. Zimmer, and Mr. Saxton),
[28JN]
Cosponsors added, [29JN]
H.R. 4662--
A bill to amend the Solid Waste Disposal Act to provide congressional
authorization of State control over transportation and disposal of
municipal solid waste, and for other purposes; to the Committee on
Energy and Commerce.
By Mr. SMITH of New Jersey (for himself, Mr. Zimmer, and Mr. Saxton),
[28JN]
Cosponsors added, [29JN]
H.R. 4663--
A bill to provide authority to control exports, and for other purposes;
to the Committee on Foreign Affairs.
By Mr. HAMILTON, [28JN]
H.R. 4664--
A bill to amend the Tariff Act of 1930 to provide relief from
antidumping and countervailing duty orders in cases of short supply;
to the Committee on Ways and Means.
By Mr. HUTTO (for himself and Mr. Peterson of Florida), [28JN]
H.R. 4665--
A bill to amend the Alaska Native Claims Settlement Act, and for other
purposes; to the Committee on Natural Resources.
By Mr. YOUNG of Alaska, [28JN]
Reported with amendment (H. Rept. 103-798), [3OC]
H.R. 4666--
A bill to amend title 46, United States Code, to prohibit overhaul,
repair, and maintenance of Coast Guard vessels in foreign shipyards;
to the Committee on Merchant Marine and Fisheries.
By Mr. ANDREWS of Maine, [28JN]
Cosponsors added, [26JY]
H.R. 4667--
A bill to allow State and local governments to design their own programs
for moving welfare recipients from dependency to economic self-
sufficiency, and to allow low-income individuals to use personal
savings as a foundation for achieving independence; jointly, to the
Committees on Ways and Means; Banking, Finance and Urban Affairs;
Agriculture; Energy and Commerce; Education and Labor.
By Mr. ANDREWS of New Jersey (for himself, Mr. Weldon, and Mr. Kolbe),
[28JN]
Cosponsors added, [5AU]
H.R. 4668--
A bill to make improvements in the protection of coastal waters, enhance
implementation of the Marine Plastic Pollution Research and Control
Act of 1987, and for other purposes; to the Committee on Merchant
Marine and Fisheries.
By Mr. HUGHES (for himself and Mr. Pallone), [28JN]
H.R. 4669--
A bill to amend the Federal Food, Drug, and Cosmetic Act to require
labeling for milk and milk products produced from cows which have
been treated with synthetic bovine growth hormone, to direct the
development of a synthetic bovine growth hormone residue test, and
for other purposes; to the Committee on Energy and Commerce.
By Mr. SANDERS (for himself, Mr. Andrews of Maine, Ms. Collins of
Michigan, Mr. DeFazio, Mr. Dellums, Mr. Engel, Mr. Foglietta, Mr.
Gonzalez, Mr. Gutierrez, Mr. Hinchey, Mr. Johnston of Florida, Mrs.
Kennelly, Mr. Kleczka, Mrs. Mink of Hawaii, Mr. Moran, Mr. Nadler,
Mr. Oberstar, Mr. Obey, Mr. Olver, Mr. Owens, Mrs. Unsoeld, Mrs.
Schroeder, Mr. Shays, Ms. Velazquez, Mr. Vento, Mr. Washington, and
Mr. Yates), [28JN]
Cosponsors added, [26JY], [28JY], [1AU], [3AU], [12SE], [23SE], [4OC]
H.R. 4670--
A bill to amend title 38, United States Code, to provide an increase in
the specially adapted housing grant; to the Committee on Veterans'
Affairs.
By Mr. SANGMEISTER (by request), [28JN]
H.R. 4671--
A bill to amend title 38, United States Code, to provide direct loans
and set asides for disabled veterans; to the Committee on Veterans'
Affairs.
By Mr. SANGMEISTER (by request), [28JN]
H.R. 4672--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade and on the Great Lakes and their
tributary and connecting waters in trade with Canada for each of 3
barges; to the Committee on Merchant Marine and Fisheries.
By Mr. CARR, [28JN]
H.R. 4673--
A bill to establish a U.S. Design Council as an advisory committee
within the Department of Commerce to promote understanding of the
importance of design in the development of products and systems, and
for other purposes; jointly, to the Committees on Energy and
Commerce; Science, Space, and Technology.
By Mr. BROWN of California (for himself, Mr. Valentine, Mrs. Morella,
Mr. Klein, Mr. McHale, and Mr. Johnson of Georgia), [29JN]
H.R. 4674--
A bill to provide for the reliquidation of certain entries of imported
chemicals; to the Committee on Ways and Means.
By Mrs. COLLINS of Illinois, [29JN]
H.R. 4675--
A bill to maintain the ability of U.S. agriculture to remain viable and
competitive in domestic and international markets, to meet the food
and fiber needs of United States and international consumers, and
for other purposes; jointly, to the Committees on Agriculture;
Foreign Affairs.
By Ms. LONG (for herself, Mr. de la Garza, Mr. Emerson, Mr. Kingston,
Mr. Pomeroy, Mr. Bereuter, Mr. Rose, Mr. Stenholm, Mr. Johnson of
South Dakota, Mr. Condit, Mr. Peterson of Minnesota, Mr. Dooley,
Mrs. Clayton, Mr. Minge, Mr. Holden, Ms. McKinney, Mr. Baesler, Mrs.
Thurman, Mr. Thompson, Mr. Bishop, Ms. Lambert, Mr. Farr, Mr.
Gunderson, Mr. Combest, Mr. Allard, Mr. Barrett of Nebraska, Mr.
Nussle, Mr. Boehner, Mr. Dickey, Mr. Pombo, Mr. Everett, Mr. Fazio,
Mr. Hayes, Mr. Leach, Mr. McHugh, Mr. Montgomery, Mr. Gilchrest, Mr.
Lancaster, Mr. Lightfoot, Mr. Livingston, Mr. Crapo, Mr. Clyburn,
Mr. Hastings, Mr. Lewis of Florida, Mr. Evans, Mr. Barton of Texas,
Mr. Williams, Mr. Sarpalius, and Mr. Lucas), [29JN]
Cosponsors added, [12JY], [20JY], [21JY], [22JY], [2AU], [9AU], [22SE]
Cosponsors removed, [27JY]
H.R. 4676--
A bill to provide for the coordination and implementation of a national
aquaculture policy for the private sector by the Secretary of
Agriculture, to establish an aquaculture development and research
program, and for other purposes; jointly, to the Committees on
Agriculture; Merchant Marine and Fisheries.
By Ms. LAMBERT (for herself and Mr. McCloskey), [29JN]
H.R. 4677--
A bill to provide for monthly reporting of child support obligations to
certain consumer reporting agencies; to the Committee on Ways and
Means.
By Mr. LEVIN, [29JN]
Cosponsors added, [4OC], [7OC]
H.R. 4678--
A bill to amend the Congressional Budget Act of 1974 to provide more
program specificity during consideration of concurrent resolutions
on the budget, and for other purposes; to the Committee on Rules.
[[Page 2637]]
By Mr. ORTON, [29JN]
H.R. 4679--
A bill to amend the Inspector General Act of 1978 to expand the mission
of inspectors general, to provide for greater independence for
inspectors general, and to make inspectors general more effective
and accountable; to the Committee on Government Operations.
By Mr. SPRATT (for himself and Mr. Conyers), [29JN]
H.R. 4680--
A bill to amend title 5, United States Code, to provide sanctions and
remedies for violations of the right of executive branch employees
to provide information to the Congress and its committees, and to
amend the Inspector General Act of 1978 to provide protections for
executive branch employees who provide information to an inspector
general; jointly, to the Committees on Post Office and Civil
Service; Government Operations.
By Mr. SPRATT (for himself and Mr. Conyers), [29JN]
H.R. 4681--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade and on the Great Lakes and their
tributary and connecting waters in trade with Canada for the vessel
Eagle Mar; to the Committee on Merchant Marine and Fisheries.
By Mr. OBEY, [29JN]
H.R. 4682--
A bill to guarantee the participation of small businesses, rural
telephone companies, and businesses owned by members of minority
groups and women in spectrum auctions; to the Committee on Energy
and Commerce.
By Mr. RICHARDSON (for himself, Mrs. Collins of Illinois, and Mrs.
Schroeder), [29JN]
H.R. 4683--
A bill to amend the Solid Waste Disposal Act to provide congressional
authorization of State control over transportation of municipal
solid waste, and for other purposes; to the Committee on Energy and
Commerce.
By Mr. PALLONE, [29JN]
Reported with amendment (H. Rept. 103-738), [22SE]
Passed House amended, [29SE]
H.R. 4684--
A bill to authorize and provide program direction for high energy and
nuclear physics research at the Department of Energy, and for other
purposes; to the Committee on Science, Space, and Technology.
By Mr. BOUCHER (for himself, Mr. Brown of California, Mr. Boehlert,
Mr. Traficant, Mr. Fawell, Mr. Ehlers, and Mrs. Lloyd), [30JN]
Cosponsors added, [29JY]
H.R. 4685--
A bill to authorize the establishment of a premier lending program for
participation in the certified development company program, and for
other purposes; to the Committee on Small Business.
By Mr. LaFALCE, [30JN]
H.R. 4686--
A bill to provide limited relief from high interest rates in certain
debentures guaranteed or purchased by the Small Business
Administration, and for other purposes; to the Committee on Small
Business.
By Mr. LaFALCE, [30JN]
H.R. 4687--
A bill to amend title XIX of the Social Security Act to prohibit a State
from requiring any child with special health care needs to receive
services under the State's plan for medical assistance under such
title through enrollment with a capitated managed care plan until
the State adopts pediatric risk adjustment methodologies to take
into account the costs to capitated managed care plans of providing
services to such children, and to direct the Secretary of Health and
Human Services to develop model pediatric risk adjustment
methodologies for such purpose; to the Committee on Energy and
Commerce.
By Ms. LAMBERT, [30JN]
H.R. 4688--
A bill to amend the Internal Revenue Code of 1986, the Public Health
Service Act, and certain other acts to provide for an increase in
the number of health professionals serving in rural areas; jointly,
to the Committees on Energy and Commerce; Ways and Means; Education
and Labor.
By Ms. LAMBERT, [30JN]
H.R. 4689--
A bill to amend title XVIII of the Social Security Act to increase the
bonus payment provided for physicians' services furnished under part
B of the Medicare Program in a health professional shortage area to
20 percent in the case or primary care services, to establish
updates for 1995 in the conversion factors used to determine the
amount of payment made for physicians' services under the Medicare
Program, and for other purposes; jointly, to the Committees on Ways
and Means; Energy and Commerce.
By Ms. LAMBERT, [30JN]
H.R. 4690--
A bill to provide assistance for the establishment of community rural
health networks in chronically underserved areas, to provide
incentives for providers of health care services to furnish services
in such areas, to assist providers of emergency medical services in
such areas, and for other purposes; jointly, to the Committees on
Energy and Commerce; Ways and Means; Education and Labor; the
Judiciary.
By Mr. BEREUTER, [30JN]
H.R. 4691--
A bill to establish the Saltville Heritage Area in the Commonwealth of
Virginia; to the Committee on Natural Resources.
By Mr. BOUCHER, [30JN]
H.R. 4692--
A bill to establish the Appalachian Coal Heritage Area; to the Committee
on Natural Resources.
By Mr. BOUCHER, [30JN]
H.R. 4693--
A bill to prohibit the importation of goods produced abroad with child
labor, and for other purposes; jointly, to the Committees on Foreign
Affairs; Ways and Means.
By Mr. BROWN of California, [30JN]
Cosponsors added, [27SE]
H.R. 4694--
A bill to exclude from Federal income taxation amounts received in
settlement of refund claims for State or local income taxes on
Federal retirement benefits which were not subject to State or local
income taxation on the same basis as State or local retirement
benefits; to the Committee on Ways and Means.
By Mrs. BYRNE (for herself, Mr. Boucher, Mr. Moran, Mr. Scott, and Mr.
Sisisky), [30JN]
H.R. 4695--
A bill to amend title 39, United States Code, to provide for procedures
under which persons wrongfully arrested by the Postal Inspection
Service on narcotics charges may seek compensation from the U.S.
Postal Service; to the Committee on Post Office and Civil Service.
By Mr. CLAY, [30JN]
Cosponsors added, [25JY], [26JY], [28JY], [1AU]
H.R. 4696--
A bill to permit an individual to be treated by a health care
practitioner with any method of medical treatment such individual
requests, and for other purposes; to the Committee on Energy and
Commerce.
By Mr. DeFAZIO, [30JN]
Cosponsors added, [28JY], [7OC]
H.R. 4697--
A bill to modify the boundaries of Walnut Canyon National Monument in
the State of Arizona; to the Committee on Natural Resources.
By Ms. ENGLISH of Arizona, [30JN]
Cosponsors added, [2AU]
Reported with amendments (H. Rept. 103-799), [3OC]
H.R. 4698--
A bill to terminate price support and marketing quotas for tobacco,
disallow the income tax deduction for certain advertising expenses
for tobacco products, and to establish a trust fund to support
antidrugs and antitobacco use activities; jointly, to the Committees
on Agriculture; Ways and Means; Energy and Commerce; Education and
Labor.
By Ms. ENGLISH of Arizona, [30JN]
Cosponsors added, [1AU], [5AU], [18AU], [13SE], [5OC]
H.R. 4699--
A bill to state the sense of Congress on the production, possession,
transfer, and use of antipersonnel landmines, to place a moratorium
on U.S. production of antipersonnel landmines, and for other
purposes; jointly, to the Committees on Foreign Affairs; Armed
Services.
By Mr. EVANS (for himself, Mr. Dellums, Mr. Meehan, Mr. Bonior, Mrs.
Unsoeld, Mr. Stark, Mr. DeFazio, Mr. Filner, Mr. Frank of
Massachusetts, Ms. Pelosi, Mr. Visclosky, Ms. Furse, Mr.
Faleomavaega, Mr. Olver, Mr. Hochbrueckner, Mr. Hinchey, Mr. Wynn,
Mr. Engel, Mr. Farr, Mr. Gutierrez, Mr. Durbin, Mr. Edwards of
California, Mr. Fingerhut, Mr. Lipinski, Mr. Beilenson, Mr.
Kreidler, Mr. Serrano, Mr. Sanders, Mr. Shays, Mr. Kennedy, Ms.
Shepherd, Mr. Hamburg, Mr. Foglietta, Mr. Abercrombie, Mr. Miller of
California, Mr. Lewis of Georgia, Mrs. Morella, Mr. Vento, Ms.
Woolsey, Mr. Fish, Mr. Jacobs, Mr. Owens, Ms. Slaughter, Mr.
Strickland, Mr. Berman, Mr. Andrews of Maine, Mr. McDermott, Mr.
Kopetski, and Mrs. Schroeder), [30JN]
Cosponsors added, [14JY], [20JY], [29JY], [17AU], [19SE], [30SE]
H.R. 4700--
A bill to amend the Communications Act of 1934 to prohibit unjust
enrichment in the award of licenses by means of pioneer preferences;
to the Committee on Energy and Commerce.
By Mr. DINGELL (for himself, Mr. Moorhead, Mr. Markey and Mr. Sabo),
[30JN]
H.R. 4701--
A bill to amend title 38, United States Code, to deem certain service in
the organized military forces of the Government of the Commonwealth
of the Philippines and the Philippine Scouts to have been active
service for purposes of benefits under programs administered by the
Secretary of Veterans Affairs; to the Committee on Veterans'
Affairs.
By Mr. FILNER, [30JN]
Cosponsors added, [21AU]
H.R. 4702--
A bill to amend the Internal Revenue Code of 1986 to allow builders to
compute on the installment sales method income from the sale of
certain residential real property, and for other purposes; to the
Committee on Ways and Means.
By Mr. GOODLING (for himself, Mr. Doolittle, Mr. Fish, Mr. Murphy, Mr.
Rohrabacher, Mr. Underwood, and Mr. Payne of Virginia), [30JN]
Cosponsors added, [19JY], [29JY], [12AU]
H.R. 4703--
A bill to amend the Federal Election Campaign Act of 1971 to strengthen
certain reporting requirements; to the Committee on House
Administration.
By Mr. JOHNSON of South Dakota, [30JN]
H.R. 4704--
A bill to provide for the conveyance of certain lands and improvements
in Hopewell Township, PA, to a nonprofit organization known as the
Beaver County Corp. for Economic Development to provide a site for
economic development; to the Committee on Public Works and
Transportation.
By Mr. KLINK, [30JN]
Reported with amendment (H. Rept. 103-768), [30SE]
Considered, [3OC]
Rules suspended. Passed House amended, [4OC]
H.R. 4705--
A bill to authorize the appropriation of funds for the Federal share of
the cost of the construction of a forest ecosystem research
laboratory at Oregon State University in Corvallis, OR, and for
other purposes; to the Committee on Agriculture.
By Mr. KOPETSKI, [30JN]
H.R. 4706--
A bill to provide for certain reductions in Federal spending at or
through facilities of the Department of Energy, and for other
purposes; jointly, to the Committees on Armed Services; Energy and
Commerce; Science, Space, and Technology.
By Mr. KREIDLER, [30JN]
Cosponsors added, [1AU]
H.R. 4707--
A bill to amend the Immigration and Nationality Act to make permanent
the visa waiver program and to authorize, under certain conditions,
the designation of certain member states of the European Union as
visa waiver program countries; to the Committee on the Judiciary.
By Mr. MACHTLEY, [30JN]
H.R. 4708--
A bill to establish a national public works program to provide
incentives for the creation of jobs and address the restoration of
infrastructure in communities across the United States, and for
other purposes; jointly, to the Committees on Public Works and
Transportation; Education and Labor.
[[Page 2638]]
By Mr. MARTINEZ (for himself and Ms. Waters), [30JN]
Cosponsors added, [3AU], [5AU], [12AU], [18AU], [13SE], [23SE], [29NO]
H.R. 4709--
A bill to make certain technical corrections, and for other purposes; to
the Committee on Natural Resources.
By Mr. RICHARDSON (for himself and Mr. Thomas of Wyoming), [30JN]
Reported with amendment (H. Rept. 103-704), [16AU]
Rules suspended. Passed House amended, [16AU]
Passed Senate amended, [4OC]
House agreed to Senate amendment, [7OC]
Presented to the President (October 24, 1994)
Approved [Public Law 103-435] (signed November 2, 1994)
H.R. 4710--
A bill to require the inclusion of provisions relating to worker rights
and environmental standards in any trade agreement entered into
under any future trade negotiating authority; to the Committee on
Ways and Means.
By Mr. SANDERS (for himself, Mr. Bonior, Ms. Kaptur, Mr. Frank of
Massachusetts, Mr. Brown of California, Mr. DeFazio, Mr. Hinchey,
Mrs. Bentley, Mr. Evans, Mr. Dellums, and Mr. Olver), [30JN]
Cosponsors added, [26JY], [12SE], [28SE]
H.R. 4711--
A bill to amend title 11 of United States Code to with respect to
certain debts in connection with divorce or separation; to establish
a commission to analyze bankruptcy issues; and for other purposes;
to the Committee on the Judiciary.
By Ms. SLAUGHTER, [30JN]
Cosponsors added, [9AU], [19AU]
H.R. 4712--
A bill to assure that the United States can provide assistance to
certain foreign officials to reduce illicit drug traffic; jointly,
to the Committees on the Judiciary; Foreign Affairs.
By Mr. TORRICELLI (for himself, Mr. Lantos, and Mr. McCandless),
[30JN]
H.R. 4713--
A bill to promote public confidence in the Magnuson Fishery Conservation
and Management Act, and for other purposes; to the Committee on
Merchant Marine and Fisheries.
By Mrs. UNSOELD (for herself and Ms. Cantwell), [30JN]
Cosponsors added, [21JY], [4AU], [21AU]
H.R. 4714--
A bill to amend the Internal Revenue Code of 1986 to restore the
exception to the market discount rules for tax-exempt obligations;
to the Committee on Ways and Means.
By Mr. CARDIN, [30JN]
Cosponsors added, [9AU], [4OC], [29NO]
H.R. 4715--
A bill to authorize the Secretary of the Interior to convey certain
lands administered by the Secretary, and for other purposes;
jointly, to the Committees on Agriculture; Natural Resources.
By Mr. HERGER, [30JN]
H.R. 4716--
A bill to provide compensation to certain parties injured under the
trade laws of the United States, and for other purposes; to the
Committee on Ways and Means.
By Mrs. JOHNSON of Connecticut, [30JN]
H.R. 4717--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade and on the Great Lakes and their
tributary and connecting waters in trade with Canada for the vessel
Sea Hawk III; to the Committee on Merchant Marine and Fisheries.
By Mr. LEVIN, [30JN]
H.R. 4718--
A bill for the relief of Joe W. Floyd; to the Committee on the
Judiciary.
By Mr. MONTGOMERY, [30JN]
H.R. 4719--
A bill to direct the Office of Personnel Management to establish an
interagency placement program for Federal employees affected by
reductions in force, and for other purposes; to the Committee on
Post Office and Civil Service.
By Ms. NORTON, [12JY]
Cosponsors added, [3OC]
H.R. 4720--
A bill to establish the Hudson River Valley American Heritage Area; to
the Committee on Natural Resources.
By Mr. HINCHEY (for himself, Mr. McNulty, Mr. Fish, Mr. Gilman, and
Mrs. Lowey), [12JY]
H.R. 4721--
A bill to prohibit the Secretary of Agriculture from transferring any
national forest system lands in the Angeles National Forest in
California out of Federal ownership for use as a solid waste
landfill; to the Committee on Natural Resources.
By Mr. McKEON (for himself, Mr. Beilenson, Mr. Brown of California,
Mr. Calvert, Mr. Condit, Mr. Cunningham, Mr. Doolittle, Mr. Horn,
Mr. Hunter, Mr. Moorhead, Mr. Royce, Mr. Thomas of California, and
Mr. Roberts), [12JY]
Cosponsors added, [18JY]
H.R. 4722--
A bill to authorize appropriations for activities under the Deep Seabed
Hard Mineral Resources Act for fiscal years 1995 through 1999;
jointly, to the Committees on Merchant Marine and Fisheries; Natural
Resources; Foreign Affairs.
By Mr. ORTIZ (for himself, Mr. Fields of Texas, Mr. Weldon, and Mr.
Young of Alaska), [12JY]
H.R. 4723--
A bill to authorize the Administrator of the Small Business
Administration to establish an accredited lenders program for
qualified State and local development companies; to the Committee on
Small Business.
By Mr. POSHARD, [12JY]
H.R. 4724--
A bill to amend title 38, United States Code, relating to veterans
housing programs, and for other purposes; to the Committee on
Veterans' Affairs.
By Mr. SANGMEISTER, [12JY]
Cosponsors added, [21JY], [26JY]
Reported (H. Rept. 103-629), [28JY]
Rules suspended. Passed House, [1AU]
H.R. 4725--
A bill to establish a Presidential Commission on Telemedicine; to the
Committee on Energy and Commerce.
By Mrs. SCHROEDER, [12JY]
H.R. 4726--
A bill to amend the Appalachian Regional Development Act of 1965 to
include additional counties in the State of Mississippi as part of
the Appalachian region; to the Committee on Public Works and
Transportation.
By Mr. THOMPSON, [12JY]
H.R. 4727--
A bill to designate the Federal building located at 125 Market Street in
Youngstown, OH, as the ``Thomas D. Lambros Federal Building''; to
the Committee on Public Works and Transportation.
By Mr. TRAFICANT, [12JY]
Reported (H. Rept. 103-638), [1AU]
Rules suspended. Passed House, [8AU]
H.R. 4728--
A bill to amend the Federal Food, Drug, and Cosmetic Act to authorize a
device application fee, and for other purposes; to the Committee on
Energy and Commerce.
By Mr. WAXMAN (for himself and Mr. Dingell), [12JY]
H.R. 4729--
A bill for the relief of Pauline Applewhite Saunders; to the Committee
on the Judiciary.
By Mr. BATEMAN, [12JY]
H.R. 4730--
A bill to authorize issuance of a certificate of documentation with
appropriate endorsement for the vessel Lady Angela; to the Committee
on Merchant Marine and Fisheries.
By Mrs. FOWLER, [12JY]
H.R. 4731--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Isabelle; to the
Committee on Merchant Marine and Fisheries.
By Mr. REED, [12JY]
H.R. 4732--
A bill to authorize issuance of a certificate of documentation with
appropriate endorsement for the vessel Westwind; to the Committee on
Merchant Marine and Fisheries.
By Mr. YOUNG of Alaska, [12JY]
H.R. 4733--
A bill to authorize issuance of a certificate of documentation with
appropriate endorsement for the vessel Raven; to the Committee on
Merchant Marine and Fisheries.
By Mr. YOUNG of Alaska, [12JY]
H.R. 4734--
A bill to require consultations, assessments, and monitoring of the
effects of major trade actions on the environment generally,
including fish, wildlife, endangered species, and other natural
resources; jointly, to the Committees on Ways and Means; Merchant
Marine and Fisheries.
By Mr. STUDDS (for himself, Mrs. Unsoeld, and Mr. Wyden), [13JY]
Cosponsors added, [21JY], [4AU], [9AU], [12SE]
Reported from the Committee on Merchant Marine and Fisheries with
amendment (H. Rept. 103-760), [28SE]
H.R. 4735--
A bill to amend section 14 of the United States Housing Act of 1937 to
authorize public housing agencies to use comprehensive modernization
grant amounts to leverage amounts to replace and modernize public
housing; to the Committee on Banking, Finance and Urban Affairs.
By Mr. RUSH, [13JY]
H.R. 4736--
A bill to establish in the Treasury of the United States the Library of
Congress Revolving Fund, and for other purposes; jointly, to the
Committees on House Administration; the Judiciary.
By Mr. ROSE (by request), [13JY]
H.R. 4737--
A bill to modify the negotiating objectives of the United States for
future trade agreements, and for other purposes; to the Committee on
Ways and Means.
By Mr. WYDEN (for himself, Mr. Studds, and Mrs. Unsoeld), [13JY]
Cosponsors added, [19JY], [22JY], [25JY], [26JY], [1AU], [8AU],
[10AU], [7OC]
H.R. 4738--
A bill to reduce the official mail allowance of Members of the House and
to prohibit certain other mailing practices, and for other purposes;
jointly, to the Committees on Post Office and Civil Service; House
Administration.
By Mr. BOEHNER (for himself, Mr. Blute, Mr. Goss, Mr. Inglis of South
Carolina, Mr. Portman, Mr. Greenwood, and Mr. Roberts), [13JY]
H.R. 4739--
A bill to extend certain requirements and standards under the
Occupational Safety and Health Act of 1970 to the legislative
branch; jointly, to the Committees on Education and Labor; House
Administration.
By Mrs. BYRNE, [13JY]
Cosponsors added, [22JY], [26JY], [28JY], [29JY], [1AU], [5AU], [19AU]
H.R. 4740--
A bill to require the Administrator of General Services to convey to the
city of Key West, FL, each of 2 parcels of land of the Naval Air
Station Key West in Key West, FL, at such time as the parcel is
reported to the Administrator as excess to the needs of the
Department of the Navy; to the Committee on Government Operations.
By Mr. DEUTSCH, [13JY]
H.R. 4741--
A bill to amend the Organic Act of Guam to provide for restitution to
the people of Guam who suffered atrocities such as personal injury,
forced labor, forced marches, internment, and death during the
occupation of Guam in World War II, and for other purposes; jointly,
to the Committees on Natural Resources; the Judiciary.
By Mr. UNDERWOOD, [13JY]
Cosponsors added, [28JY]
H.R. 4742--
A bill to declare a state of emergency on Federal lands within the State
of California for the immediate reduction in forest fuels for the
prevention of catastrophic wildfire; jointly, to the Committees on
Natural Resources; Agriculture.
By Mr. HERGER, [13JY]
Cosponsors added, [2AU], [4AU], [12SE], [21SE]
H.R. 4743--
A bill to provide that carriage of an item of equipment to be used under
a Federal contract for cleaning up radioactive waste from the
production of nuclear weapons is not coastwise trade; to the
Committee on Merchant Marine and Fisheries.
By Mr. KINGSTON, [13JY]
H.R. 4744--
A bill to provide for the coordination and implementation of a national
aquaculture policy
[[Page 2639]]
for the private sector by the Secretary of Agriculture, to establish
an aquaculture commercialization research program, and for other
purposes; to the Committee on Agriculture.
By Ms. LAMBERT (for herself, Mr. Thornton, Mr. Emerson, Mr. Stenholm,
Mr. McCloskey, Mr. Myers of Indiana, Mr. Hilliard, and Mr. Baker of
Louisiana), [13JY]
Cosponsors added, [12SE]
H.R. 4745--
A bill to provide a framework for Securities and Exchange Commission
supervision and regulation of derivatives activities, and for other
purposes; to the Committee on Energy and Commerce.
By Mr. MARKEY (for himself and Mr. Synar), [13JY]
H.R. 4746--
A bill to provide for the exchange of lands within Gates of the Arctic
National Park and Preserve, and for other purposes; to the Committee
on Natural Resources.
By Mr. MILLER of California (by request), [13JY]
Reported with amendments (H. Rept. 103-796), [3OC]
Rules suspended. Passed House amended, [3OC]
H.R. 4747--
A bill to amend the Internal Revenue Code of 1986 to allow claims for
credits and refunds in certain cases where the statute of
limitations is open for the assessment of a deficiency; to the
Committee on Ways and Means.
By Mr. MORAN, [13JY]
H.R. 4748--
A bill to amend the Internal Revenue Code of 1986 to allow the Internal
Revenue Service to prescribe and update a standard mileage rate for
the charitable use of a passenger automobile; to the Committee on
Ways and Means.
By Mr. MORAN, [13JY]
H.R. 4749--
A bill to provide for adjustment of status of certain Nicaraguans; to
the Committee on the Judiciary.
By Ms. ROS-LEHTINEN (for herself and Mr. Diaz-Balart), [13JY]
Cosponsors added, [16AU]
H.R. 4750--
A bill to amend the Energy Policy and Conservation Act to manage the
Strategic Petroleum Reserve more effectively, and for other
purposes; to the Committee on Energy and Commerce.
By Mr. SHARP, [13JY]
H.R. 4751--
A bill to reauthorize appropriations for the weatherization program
under section 422 of the Energy Conservation and Production Act; to
the Committee on Energy and Commerce.
By Mr. SHARP, [13JY]
Reported with amendment (H. Rept. 103-662), [3AU]
Rules suspended. Passed House amended, [8AU]
H.R. 4752--
A bill to amend the Energy Policy and Conservation Act to manage the
Strategic Petroleum Reserve more effectively, and for other
purposes; to the Committee on Energy and Commerce.
By Mr. SHARP, [13JY]
Reported with amendment (H. Rept. 103-663), [3AU]
Rules suspended. Passed House amended, [8AU]
H.R. 4753--
A bill to provide for the safety of journeymen boxers, and for other
purposes; jointly, to the Committees on Education and Labor; Energy
and Commerce.
By Mr. TORRICELLI, [13JY]
H.R. 4754--
A bill to provide for the exchange of lands within Gates of the Arctic
National Park and Preserve, and for other purposes; to the Committee
on Natural Resources.
By Mr. YOUNG of Alaska, [13JY]
H.R. 4755--
A bill to provide for demonstration projects for worksite health
promotion programs; to the Committee on Energy and Commerce.
By Mr. BROWN of Ohio (for himself and Mr. Studds), [14JY]
H.R. 4756--
A bill to amend title XVIII of the Social Security Act to require the
Secretary of Health and Human Services to take into account the
health of a primary caregiver in determining whether an item of
durable medical equipment is considered medically necessary and
appropriate under part B of the Medicare Program; jointly, to the
Committees on Ways and Means; Energy and Commerce.
By Mr. BROWN of Ohio, [14JY]
H.R. 4757--
A bill to provide for the settlement of the claims of the Confederated
Tribes of the Colville Reservation concerning their contribution to
the production of hydropower by the Grand Coulee Dam, and for other
purposes; to the Committee on Natural Resources.
By Mr. MILLER of California (for himself, Mr. Richardson, Mr. Inslee,
Mr. Dicks, and Ms. Dunn), [14JY]
Reported (H. Rept. 103-685), [8AU]
Rules suspended. Passed House amended, [3OC]
Passed Senate, [7OC]
Presented to the President (October 24, 1994)
Approved [Public Law 103-436] (signed November 2, 1994)
H.R. 4758--
A bill to strengthen and improve the Natural Gas Pipeline Safety Act of
1968, and for other purposes; jointly, to the Committees on Public
Works and Transportation; Energy and Commerce.
By Mr. FRANKS of New Jersey (for himself, Mr. Pallone, and Mr. Flake),
[14JY]
Cosponsors added, [1AU], [19AU], [30SE]
H.R. 4759--
A bill to establish within the Department of Energy a national Albert
Einstein Distinguished Educator Fellowship Program for outstanding
elementary and secondary mathematics and science teachers; to the
Committee on Science, Space, and Technology.
By Mr. SAWYER, [14JY]
H.R. 4760--
A bill to implement the Agreement to Promote Compliance with
International Conservation and Management Measures by Fishing
Vessels on the High Seas, adopted by the Conference on the Food and
Agriculture Organization of the United Nations on November 24, 1993;
to the Committee on Merchant Marine and Fisheries.
By Mr. STUDDS (for himself and Mr. Manton) (both by request), [14JY]
H.R. 4761--
A bill to amend title 38, United States Code, to authorize educational
assistance for alternative teacher certification programs, and for
other purposes; to the Committee on Veterans' Affairs.
By Mr. TEJEDA, [14JY]
H.R. 4762--
A bill to amend title 39, United States Code, to require the Postal
Service to accept a change-of-address order from a commercial mail
receiving agency and to forward mail to the new address; to the
Committee on Post Office and Civil Service.
By Mr. YOUNG of Alaska, [14JY]
H.R. 4763--
A bill to amend chapter 44 of title 18, United States Code, to increase
certain firearm license application fees and require the immediate
suspension of the license of a firearm licensee upon conviction of a
violation of that chapter, and for other purposes; to the Committee
on the Judiciary.
By Mr. CONYERS, [14JY]
H.R. 4764--
A bill to provide for the payment of aid to families with dependent
children through the use of debit cards; to the Committee on Ways
and Means.
By Mr. FRANKS of Connecticut, [14JY]
H.R. 4765--
A bill to provide for the negotiation of bilateral prisoner transfer
treaties with foreign countries and to provide for the training in
the United States of border management personnel from foreign
countries; jointly, to the Committees on Foreign Affairs; the
Judiciary.
By Mr. HORN (for himself, Mr. Beilenson, Mr. Canady, Mr. Condit, Mr.
Gallegly, Mr. Pete Geren of Texas, Mr. Kyl, Mr. Thomas of
California, Mrs. Thurman, and Ms. Woolsey), [14JY]
Cosponsors added, [18AU], [21SE]
H.R. 4766--
A bill to enhance the availability of credit to businesses in order to
foster economic growth and stabilization and to create new
employment opportunities in communities facing economic distress,
and for other purposes; to the Committee on Banking, Finance and
Urban Affairs.
By Mr. KANJORSKI (for himself, Mr. Ridge, Mr. Traficant, Mr. Hinchey),
[14JY]
H.R. 4767--
A bill to reform the welfare system; jointly, to the Committees on Ways
and Means; Education and Labor; Energy and Commerce; Banking,
Finance and Urban Affairs; Foreign Affairs; Veterans' Affairs;
Agriculture.
By Mr. MATSUI (for himself, Mr. Miller of California, Mr. Becerra,
Mrs. Clayton, Mr. Clyburn, Mr. Filner, Mr. Frank of Massachusetts,
Ms. Eddie Bernice Johnson of Texas, Mr. Kopetski, Mr. McDermott, Ms.
McKinney, Mr. Mineta, Ms. Norton, Mr. Rahall, Mr. Rangel, Ms.
Roybal-Allard, Mr. Rush, Mr. Sabo, Ms. Velazquez, and Mr. Waxman),
[14JY]
Cosponsors added, [22JY], [28JY], [29JY], [10AU], [19AU], [19SE]
H.R. 4768--
A bill to amend title 38, United States Code, to make changes in
veterans' education programs, and for other purposes; jointly, to
the Committees on Veterans' Affairs; Armed Services.
By Mr. MONTGOMERY (for himself, Mr. Stump, and Mr. Hutchinson), [14JY]
Cosponsors added, [21JY], [26JY]
Reported with amendment (H. Rept. 103-631), [28JY]
Rules suspended. Passed House amended, [1AU]
H.R. 4769--
A bill to amend the Internal Revenue Code of 1986 to provide for the
treatment of long-term care insurance, and for other purposes;
jointly, to the Committees on Ways and Means; Energy and Commerce.
By Ms. SNOWE, [14JY]
H.R. 4770--
A bill to require the Director of the U.S. Fish and Wildlife Service to
conduct a study to determine the lands and waters comprising the
LaBranche Wetlands in St. Charles Parish, LA, and to acquire those
lands and waters for inclusion in the Bayou Sauvage Urban National
Wildlife Refuge; to the Committee on Merchant Marine and Fisheries.
By Mr. TAUZIN, [14JY]
H.R. 4771--
A bill to strengthen the partnership between the Federal Government and
State, local, and tribal governments, to end the imposition, in the
absence of full consideration by Congress, of Federal mandates on
State, local, and tribal governments without adequate funding, in a
manner that may displace other essential governmental priorities, to
better assess both costs and benefits of Federal legislation and
regulations on State, local, and tribal governments, and for other
purposes; jointly, to the Committees on Rules; Government
Operations.
By Mr. TOWNS (for himself, Mr. Conyers, Mr. Moran, Mr. Barrett of
Wisconsin, and Mr. Payne of New Jersey), [14JY]
H.R. 4772--
A bill to designate the Federal building and U.S. courthouse located at
215 South Evans Street in Greenville, NC, as the ``Walter B. Jones
Federal Building and United States Courthouse''; to the Committee on
Public Works and Transportation.
By Mr. TRAFICANT (for himself, Mr. Lancaster, and Mrs. Clayton),
[14JY]
Reported (H. Rept. 103-639), [1AU]
Rules suspended. Passed House, [8AU]
H.R. 4773--
A bill to eliminate the exemption for the payment by Amtrak of certain
costs relating to pedestrian bridges over Amtrak rights-of-way; to
the Committee on Energy and Commerce.
By Mr. WALKER, [14JY]
H.R. 4774--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Gibraltar; to the
Committee on Merchant Marine and Fisheries.
By Mr. BONIOR, [14JY]
H.R. 4775--
A bill for the relief of Vincente Babauta Jesus and Rita Rios Jesus; to
the Committee on the Judiciary.
By Mr. UNDERWOOD, [14JY]
H.R. 4776--
A bill to amend title 38, United States Code, to improve veterans'
employment programs, and for other purposes; to the Committee on
Veterans' Affairs.
By Mr. MONTGOMERY (for himself, Mr. Stump, and Mr. Hutchinson), [18JY]
[[Page 2640]]
Cosponsors added, [21JY], [26JY]
Reported (H. Rept. 103-630), [28JY]
Rules suspended. Passed House, [1AU]
H.R. 4777--
A bill to make technical improvements in the United States Code by
amending provisions to reflect the current names of congressional
committees; to the Committee on the Judiciary.
By Mr. BROOKS, [18JY]
Reported with amendments (H. Rept. 103-779), [3OC]
Rules suspended. Passed House amended, [3OC]
Passed Senate, [6OC]
Presented to the President (October 24, 1994)
Approved [Public Law 103-437] (signed November 2, 1994)
H.R. 4778--
A bill to codify without substantive change recent laws related to
transportation and to improve the United States Code; to the
Committee on the Judiciary.
By Mr. BROOKS, [18JY]
Reported with amendment (H. Rept. 103-831), [4OC]
Rules suspended. Passed House amended, [4OC]
Passed Senate, [7OC]
Presented to the President (October 21, 1994)
Approved [Public Law 103-429] (signed October 31, 1994)
H.R. 4779--
A bill to amend the Solid Waste Disposal Act to authorize local
governments and Governors to restrict receipt of out-of-State
municipal solid waste, and for other purposes; to the Committee on
Energy and Commerce.
By Mr. BOUCHER (for himself, Mr. Upton, and Mr. Bonior), [19JY]
Cosponsors added, [2AU], [13SE]
Reported with amendment (H. Rept. 103-720), [16SE]
Passed House amended, [28SE]
H.R. 4780--
A bill to amend the Congressional Budget Act of 1974 to make section 313
(relating to extraneous matter in reconciliation legislation and
popularly known as the Byrd rule) applicable to the Senate only; to
the Committee on Rules.
By Mr. SABO, [19JY]
Cosponsors added, [17AU], [27SE]
H.R. 4781--
A bill to facilitate obtaining foreign-located antitrust evidence by
authorizing the Attorney General of the United States and the
Federal Trade Commission to provide, in accordance with antitrust
mutual assistance agreements, antitrust evidence to foreign
antitrust authorities on a reciprocal basis, and for other purposes;
to the Committee on the Judiciary.
By Mr. BROOKS (for himself and Mr. Fish), [19JY]
Reported with amendment (H. Rept. 103-772), [3OC]
Rules suspended. Passed House amended, [3OC]
Passed Senate, [8OC]
Presented to the President (October 24, 1994)
Approved [Public Law 103-438] (signed November 2, 1994)
H.R. 4782--
A bill to amend section 217 of the Internal Revenue Code of 1986 to
provide that military moving expense reimbursements are excluded
from income without regard to the deductibility of the expenses
reimbursed; to the Committee on Ways and Means.
By Mr. HEFLEY (for himself and Mr. Dornan), [19JY]
H.R. 4783--
A bill to establish the National Indian Research Institute; jointly, to
the Committees on Natural Resources; Education and Labor.
By Mr. MARTINEZ, [19JY]
H.R. 4784--
A bill to modify the Mountain Park project in Oklahoma, and for other
purposes; to the Committee on Natural Resources.
By Mr. McCURDY, [19JY]
Reported with amendment (H. Rept. 103-803), [3OC]
H.R. 4785--
A bill to amend the act of March 3, 1931 (known as the Davis-Bacon Act)
to require that contract work covered by the act which requires
licensing be performed by a person who is so licensed; to the
Committee on Education and Labor.
By Mrs. MINK of Hawaii, [19JY]
H.R. 4786--
A bill to convert into a requirement the option of States to deny aid to
families with dependent children to unmarried minors not living at
home or under adult supervision, and narrow the exceptions to the
requirement, and to deem to a minor parent all income of the minor's
parents who are living in the same home as the minor parent; to the
Committee on Ways and Means.
By Mr. PETRI, [19JY]
Cosponsors added, [1AU], [11AU], [29SE], [4OC], [5OC]
H.R. 4787--
A bill to amend the Indian Gaming Regulatory Act, and for other
purposes; to the Committee on Natural Resources.
By Mr. TORRES, [19JY]
Cosponsors added, [28JY], [1AU]
H.R. 4788--
A bill to amend title 38, United States Code, to reform and simplify
criteria for eligibility for health care provided by the Department
of Veterans Affairs, and for other purposes; to the Committee on
Veterans' Affairs.
By Mr. STUMP (for himself, Mr. Smith of New Jersey, Mr. Bilirakis, Mr.
Ridge, Mr. Spence, Mr. Hutchinson, Mr. Everett, Mr. Buyer, Mr.
Quinn, Mr. Bachus of Alabama, Mr. Linder, Mr. King, and Mr.
Stearns), [19JY]
Cosponsors added, [28JY], [1AU], [8AU], [20SE]
H.R. 4789--
A bill to amend the Public Health Service Act to provide for the
expansion and coordination of research concerning Parkinson's
disease and related disorders, and to improve care and assistance
for its victims and their family caregivers, and for other purposes;
to the Committee on Energy and Commerce.
By Mr. WAXMAN (for himself, Mr. Upton, and Mr. Richardson), [19JY]
Cosponsors added, [22JY], [5AU], [12SE], [19SE], [26SE], [30SE],
[5OC], [7OC]
H.R. 4790--
A bill to designate the U.S. courthouse under construction in St. Louis,
MO, as the ``Thomas F. Eagleton United States Courthouse''; to the
Committee on Public Works and Transportation.
By Mr. GEPHARDT, [19JY]
Cosponsors added, [25JY]
Reported (H. Rept. 103-637), [1AU]
Rules suspended. Passed House, [8AU]
Passed Senate, [17AU]
Presented to the President (August 19, 1994)
Approved [Public Law 103-300] (signed August 19, 1994)
H.R. 4791--
A bill to establish Federal standards for the resolution of health care
malpractice claims, and for other purposes; to the Committee on the
Judiciary.
By Mr. GRAMS (for himself, Mr. Gingrich, Mr. Armey, Mr. DeLay, Mr.
Solomon, Mr. Stenholm, Mr. Hastert, Mr. Deal, Mr. Stearns, Mr.
Talent, Mr. Dreier, Mr. Saxton, Mr. Knollenberg, Mr. Inhofe, Mr.
Zimmer, Mr. Calvert, Mr. Stump, Mr. Torkildsen, Mr. Hefley, Mr.
Doolittle, Mr. Baker of California, Mr. Horn, Mr. King, Mr. Lewis of
Florida, Mrs. Fowler, Mr. Hancock, Mr. Linder, Mr. Barcia of
Michigan, and Mr. Smith of Oregon), [19JY]
Cosponsors added, [20JY], [28JY], [5AU], [12AU]
H.R. 4792--
A bill to amend the Internal Revenue Code of 1986 to provide tax
incentives to encourage small investors, and for other purposes; to
the Committee on Ways and Means.
By Mr. MANZULLO (for himself, Mr. Livingston, Mr. Levy, Mr.
Sensenbrenner, Mr. McHugh, Mr. Canady, and Mr. Packard), [19JY]
Cosponsors added, [17AU], [13SE], [7OC]
H.R. 4793--
A bill to amend part A of title IV of the Social Security Act to offer
States the option of replacing the Job Opportunities and Basic
Skills Training [JOBS] program with a program that would assist all
recipients of aid to families with dependent children in achieving
self-sufficiency, and for other purposes; jointly, to the Committees
on Ways and Means; Education and Labor; Energy and Commerce;
Agriculture.
By Mr. ORTON, [19JY]
Cosponsors added, [8AU], [19AU]
H.R. 4794--
A bill to provide for expediting an investigation by the International
Trade Commission by providing for the monitoring of the importation
of tomatoes and peppers under certain circumstances; to the
Committee on Ways and Means.
By Mr. POMBO, [19JY]
H.R. 4795--
A bill to direct the President to establish national program to provide
for coordination between Federal, State and local agencies,
voluntary organizations, and private enterprise in order to
encourage the public to eat a healthy diet; jointly, to the
Committees on Agriculture; Energy and Commerce; Education and Labor.
By Mr. TOWNS, [19JY]
H.R. 4796--
A bill for the relief of the estate of Wallace B. Sawyer, Jr.; to the
Committee on the Judiciary.
By Mr. DICKEY, [19JY]
H.R. 4797--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for a hopper barge; to the
Committee on Merchant Marine and Fisheries.
By Mr. LANCASTER, [19JY]
H.R. 4798--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Spirit of the
Pacific Northwest; to the Committee on Merchant Marine and
Fisheries.
By Mr. TAUZIN, [19JY]
H.R. 4799--
A bill to promote the research and development of environmental
technologies; to the Committee on Science, Space, and Technology.
By Mr. BROWN of California, [20JY]
Cosponsors added, [25JY]
H.R. 4800--
A bill to grant the consent of the Congress to the Texas Low-Level
Radioactive Waste Disposal Compact; jointly, to the Committees on
Energy and Commerce; Natural Resources.
By Ms. SNOWE (for herself and Mr. Andrews of Maine), [20JY]
H.R. 4801--
A bill to amend the Small Business Act, and for other purposes; to the
Committee on Small Business.
By Mr. LaFALCE (for himself, Mr. Smith of Iowa, Mr. Skelton, Mr.
Mazzoli, Mr. Wyden, Mr. Bilbray, Mr. Mfume, Mr. Klink, Ms. Roybal-
Allard, Mr. Hilliard, and Mr. Thompson), [20JY]
Reported with amendments (H. Rept. 103-616), [21JY]
Passed House amended, [21SE]
Laid on the table, [21SE]
H.R. 4802--
A bill to prohibit any charges on telephone bills for calls to 800
numbers; to the Committee on Energy and Commerce.
By Mr. GORDON, [20JY]
Cosponsors added, [28JY], [2AU], [5AU], [17AU], [20SE], [4OC]
H.R. 4803--
A bill to amend the Fair Labor Standards Act of 1938 to prohibit
discrimination in the payment of wages on account of sex, race, or
national origin, and for other purposes; to the Committee on
Education and Labor
By Ms. NORTON (for herself, Mr. Owens, Mr. Tucker, Ms. Collins of
Michigan, Mr. Gonzalez, Ms. Roybal-Allard, Mr. Dellums, Ms. Eddie
Bernice Johnson of Texas, Ms. McKinney, Ms. Brown of Florida, Mr.
Mineta, Ms. Velazquez, Mr. Hinchey, Mrs. Schroeder, Mr. Nadler, Ms.
Margolies-Mezvinsky, Mr. Serrano, Mrs. Maloney, Mr. Martinez, Mr.
McCloskey, Mr. Gene Green of Texas, and Mrs. Kennelly), [20JY]
Cosponsors added, [28JY], [10AU], [19SE], [3OC]
H.R. 4804--
A bill to authorize appropriations for construction of a research
facility in Broward County, FL, to be used in connection with
efforts to control Melaleuca and other exotic plant species that
threaten native ecosystems in the State of Florida; to the Committee
on Public Works and Transportation.
By Mr. SHAW (for himself, Mr. Deutsch, Ms. Brown of Florida, Mrs.
Fowler, Mr. Bilirakis, Mr. Young of Florida, Mr. Canady, Mr. Goss,
Mr. Bacchus of Florida, Mrs. Meek of Florida, Ms. Ros-Lehtinen, Mr.
Johnston of Florida, Mr. Diaz-Balart, Mr. Hastings, Mr. Lewis of
Florida, Mr. McCollum, Mr. Hutto, Mr. Peterson of Florida, Mr.
Stearns, Mr. Mica, Mr. Miller of Florida, and Mrs. Thurman), [20JY]
[[Page 2641]]
H.R. 4805--
A bill to amend title 23, United States Code, relating to penalties for
use of motorcycle helmets; to the Committee on Public Works and
Transportation.
By Mr. SLATTERY, [20JY]
Cosponsors added, [22JY], [26JY], [29JY], [2AU], [4AU], [5AU], [8AU],
[9AU], [10AU], [11AU], [16AU], [12SE], [20SE], [26SE], [7OC]
H.R. 4806--
A bill to provide land-grant status for certain Indian colleges and
institutions; jointly, to the Committees on Agriculture; Education
and Labor.
By Mr. WILLIAMS (for himself, Mr. Pomeroy, Ms. English of Arizona, Mr.
Oberstar, Mr. Johnson of South Dakota, Mr. Stupak, Mr. Skeen, Mr.
Richardson, Mr. Swift, Mr. Kildee, Mrs. Meyers of Kansas, Mr. Flake,
Mr. Hilliard, Mr. Fazio, Mr. Schiff, Mr. Scott, Mr. Minge, Mr.
Martinez, Mr. Dellums, and Mr. Gutierrez), [20JY]
H.R. 4807--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Tecumseh; to the
Committee on Merchant Marine and Fisheries.
Mr. McDERMOTT, [20JY]
H.R. 4808--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel L.R. Beattie; to
the Committee on Merchant Marine and Fisheries.
Mr. McDERMOTT, [20JY]
H.R. 4809--
A bill to amend title XVIII of the Social Security Act to provide for
coverage of prostate cancer screening and certain drug treatment
services under part B of the Medicare Program, to amend chapter 17
of title 38, United States Code, to provide for coverage of such
screening and services under the programs of the Department of
Veterans Affairs, and to expand research and education programs of
the National Institutes of Health and the Public Health Service
relating to prostate cancer; jointly, to the Committees on Energy
and Commerce; Ways and Means; Veterans' Affairs.
By Mr. McDERMOTT (for himself, Mr. Applegate, Mr. Fields of Texas, Mr.
Gutierrez, Mr. Horn, Mr. Hughes, Mr. King, Mrs. Mink of Hawaii, Mrs.
Morella, Ms. Pelosi, Mr. Romero-Barcelo, Mr. Swift, and Mr.
Washington), [21JY]
Cosponsors added, [27SE], [5OC]
H.R. 4810--
A bill to amend title XIX of the Social Security Act to prohibit the
Secretary of Health and Human Services from granting a waiver under
the Medicaid Program to permit a State to require children enrolled
in the program to receive medical assistance under the program
through managed care plans unless such assistance is provided
through an integrated child health care network, and for other
purposes; to the Committee on Energy and Commerce.
By Ms. SCHENK (for herself and Mr. Lehman), [21JY]
Cosponsors added, [17AU], [13SE]
H.R. 4811--
A bill to provide for an additional temporary and permanent district
court judgeship for the northern district of Ohio; to the Committee
on the Judiciary.
By Mr. TRAFICANT, [21JY]
Cosponsors added, [20SE]
H.R. 4812--
A bill to direct the Administrator of General Services to acquire by
transfer the Old U.S. Mint in San Francisco, CA, and for other
purposes; to the Committee on Public Works and Transportation.
By Mr. MINETA (for himself and Ms. Pelosi), [21JY]
Reported (H. Rept. 103-634), [1AU]
Rules suspended. Passed House, [8AU]
Passed Senate amended, [11AU]
Rules suspended. House agreed to Senate amendment, [16AU]
Presented to the President (August 18, 1994)
Approved [Public Law 103-310] (signed August 25, 1994)
H.R. 4813--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Big Dad; to the
Committee on Merchant Marine and Fisheries.
By Mr. SHAW, [21JY]
H.R. 4814--
A bill to grant the consent of the Congress to amendments to the Central
Midwest Interstate Low-Level Radioactive Waste Compact; jointly, to
the Committees on Energy and Commerce; Natural Resources.
By Mr. DURBIN (for himself, Mr. Baesler, Mr. Yates, Mr. Barlow, Mr.
Hastert, Mr. Costello, Mr. Ewing, Mr. Sangmeister, Mr. Hyde, Mr.
Porter, Mr. Fawell, Mr. Michel, and Mr. Manzullo), [22JY]
Cosponsors added, [26JY], [8AU], [10AU]
Reported with amendments (H. Rept. 103-816), [3OC]
Rules suspended. Passed House amended, [3OC]
Passed Senate, [8OC]
Presented to the President (October 24, 1994)
Approved [Public Law 103-439] (signed November 2, 1994)
H.R. 4815--
A bill to provide that pay for Members of Congress shall be reduced
whenever total expenditures of the Federal Government exceed total
receipts in any fiscal year, and for other purposes; jointly, to the
Committees on House Administration; Post Office and Civil Service;
Rules.
By Mr. INHOFE (for himself, Mr. Traficant, Mr. Nussle, and Mr. Hall of
Texas), [22JY]
H.R. 4816--
A bill to amend the Social Security Act and the Internal Revenue Code of
1986 to provide improved access to quality long-term care services,
to obtain cost savings through provider incentives and removal of
regulatory and legislative barriers, to encourage greater private
sector participation and personal responsibility in financing such
services, and for other purposes; jointly, to the Committees on
Energy and Commerce; Ways and Means.
By Mr. TALENT, [22JY]
H.R. 4817--
A bill to promote the use of vegetable oils derived from soybeans and
other oilseeds in industrial products and to authorize the Secretary
of Agriculture to undertake certain activities to increase domestic
and export demand for such vegetable oils; to the Committee on
Agriculture.
By Mr. JOHNSON of South Dakota (for himself, Mr. Emerson, Mr.
Slattery, Mr. Minge, Mr. Ewing, Mr. Roberts, Mr. Sarpalius, Mr.
Pomeroy, Mr. Barlow, Mr. Grandy, Mr. Glickman, Mr. Durbin, Mr.
Lightfoot, Mr. Peterson of Minnesota, Mr. Skelton, Mr. Volkmer, Mr.
Dickey, Mr. Bishop, and Mr. Nussle), [22JY]
Cosponsors added, [1AU]
H.R. 4818--
A bill to revise the Land Remote Sensing Policy Act of 1992; to the
Committee on Science, Space, and Technology.
By Mr. WALKER (for himself, Mr. Brown of California, and Mr. Baker of
California), [22JY]
H.R. 4819--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade and fisheries for the vessel Joan
Marie; to the Committee on Merchant Marine and Fisheries.
By Mr. LANCASTER, [22JY]
H.R. 4820--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Lady Helen; to the
Committee on Merchant Marine and Fisheries.
By Mr. MOAKLEY, [22JY]
H.R. 4821--
A bill to establish the Honey Springs National Battlefield and Washita
Battlefield National Historic Site in the State of Oklahoma, and for
other purposes; to the Committee on Natural Resources.
By Mr. SYNAR (for himself and Mr. Lucas), [25JY]
Cosponsors added, [12SE]
Cosponsors removed, [28SE]
H.R. 4822--
A bill to make certain laws applicable to the legislative branch of the
Federal Government; jointly, to the Committees on House
Administration; Education and Labor; Government Operations; Rules;
the Judiciary.
By Mr. SHAYS (for himself, Mr. Swett, Mr. Dickey, Mr. Mann, Mrs.
Fowler, Mr. McHale, Mr. Bartlett of Maryland, Mr. Torkildsen, Mr.
McKeon, Ms. Shepherd, and Mr. Fingerhut), [25JY]
Cosponsors added, [26JY], [1AU]
Reported from the Committee on Rules with amendments (H. Rept. 103-
650, part 1), [2AU]
Reported from the Committee on House Administration with amendments
(H. Rept. 103-650, part 2), [2AU]
Passed House amended, [10AU]
H.R. 4823--
A bill to amend the Internal Revenue Code of 1986 to encourage the
preservation of Civil War battlefields for public purposes; to the
Committee on Ways and Means.
By Mr. ANDREWS of Texas, [25JY]
H.R. 4824--
A bill to amend title 18, United States Code, to prevent the misuse of
certain antiracketeering laws; to the Committee on the Judiciary.
By Mr. DORNAN (for himself, Mr. Doolittle, Mr. Crane, Mr. Smith of New
Jersey, Mr. Stearns, Mr. Solomon, Mr. Santorum, Mr. Livingston, Mr.
McHugh, Mr. Lipinski, and Mr. Hyde), [25JY]
Cosponsors added, [3AU], [9AU]
H.R. 4825--
A bill to amend title 5, United States Code, to establish procedures for
the handling of claims for compensation for work injuries; to the
Committee on Education and Labor.
By Mr. MURPHY, [25JY]
H.R. 4826--
A bill to amend the Wilderness Act to permit the landing of aircraft
within wilderness areas for purposes of search and rescue under
certain circumstances; to the Committee on Natural Resources.
By Mr. SCHIFF, [25JY]
Cosponsors added, [27JY], [1AU], [5AU], [12AU], [21AU], [12SE], [13SE]
H.R. 4827--
A bill to prohibit acquisitions of land or waters for the National
Wildlife Refuge System if wildlife refuge revenue sharing payments
have not been made for the preceding fiscal year; jointly, to the
Committees on Merchant Marine and Fisheries; Natural Resources.
By Mr. SENSENBRENNER, [25JY]
Cosponsors added, [27JY]
H.R. 4828--
A bill to improve the regulation of explosives and explosive materials,
and to prevent the use of explosives against persons and the
unlawful use of explosives against property; to the Committee on the
Judiciary.
By Ms. SLAUGHTER (for herself, Mr. McCollum, Mr. Ackerman, Ms. Eddie
Bernice Johnson of Texas, and Mr. Nadler), [25JY]
Cosponsors added, [12AU], [19AU], [19SE], [27SE], [4OC]
H.R. 4829--
A bill to require equal coverage under a health plan for all children
under the age of 27 of an individual who enrolls in the plan under a
family class of enrollment; jointly, to the Committees on Energy and
Commerce; Education and Labor; the Judiciary.
By Mr. BAKER of California, [26JY]
H.R. 4830--
A bill to amend title 18 of the United States Code with respect to the
admissibility of certain evidence; to the Committee on the
Judiciary.
By Mr. COOPER (for himself, Mr. Gordon, Mr. Brewster, Mrs. Lloyd, Mr.
Tanner, Mr. Clement, Mr. Santorum, Mr. Andrews of New Jersey, Mr.
Tauzin, Mr. McCurdy, Mrs. Johnson of Connecticut, Mr. Penny, Mr.
Gunderson, Mr. Moran, and Mr. Mazzoli), [26JY]
Cosponsors added, [28JY], [1AU], [9AU], [12SE], [13SE], [20SE],
[23SE], [29SE]
H.R. 4831--
A bill to establish a national commission to review the regular military
compensation of members of the Armed Forces and develop
recommendations to end the dependence of some members and their
families on Federal and local assistance programs; to the Committee
on Armed Services.
By Mr. GALLEGLY (for himself, Mr. Kyl, Mr. Spence, and Mr. Stump),
[26JY]
Cosponsors added, [29JY], [1AU], [2AU], [3AU], [4AU], [5AU], [8AU],
[9AU], [11AU], [12AU],
[[Page 2642]]
[16AU], [18AU], [19AU], [20AU], [23AU], [12SE], [13SE], [21SE],
[26SE], [27SE], [29SE], [4OC], [6OC], [29NO]
H.R. 4832--
A bill to apply the column 2 duty rate to the products of the People's
Republic of China, with certain provisions relating to worker rights
and the environment; jointly, to the Committees on Ways and Means;
Foreign Affairs.
By Ms. KAPTUR (for herself, Ms. Pelosi, Mr. Solomon, and Mrs.
Bentley), [26JY]
H.R. 4833--
A bill to reform the management of Indian Trust Funds, and for other
purposes; to the Committee on Natural Resources.
By Mr. RICHARDSON, [26JY]
Cosponsors added, [28JY]
Reported with amendment (H. Rept. 103-778), [3OC]
Rules suspended. Passed House amended, [3OC]
Passed Senate, [7OC]
Presented to the President (October 18, 1994)
Approved [Public Law 103-412] (signed October 25, 1994)
H.R. 4834--
A bill to amend the Internal Revenue Code of 1986 to eliminate the
requirement that States pay unemployment compensation on the basis
of services performed by election workers; to the Committee on Ways
and Means.
By Mr. UPTON, [26JY]
H.R. 4835--
A bill to authorize the Secretary of Transportation to issue
certificates of documentation with appropriate endorsement for
employment in coastwise trade for each of 2 vessels named Gallant
Lady, subject to the condition that the owner of the vessels submit
to the Secretary a letter of intent to enter into a contract for
construction of a passenger vessel in the United States; to the
Committee on Merchant Marine and Fisheries.
By Mr. HASTINGS, [26JY]
H.R. 4836--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Maranatha; to the
Committee on Merchant Marine and Fisheries.
By Mr. KENNEDY, [26JY]
H.R. 4837--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade and fisheries for the vessel
Attitude; to the Committee on Merchant Marine and Fisheries.
By Mr. LANCASTER, [26JY]
H.R. 4838--
A bill to authorize the issuance of a certificate of documentation with
appropriate endorsement for the vessel Firebird, and for other
purposes; to the Committee on Merchant Marine and Fisheries.
By Mr. MANTON, [26JY]
H.R. 4839--
A bill to require the Secretary of Agriculture to issue regulations
concerning use of the term ``fresh'' in the labeling of poultry, and
for other purposes; to the Committee on Agriculture.
By Mr. CONDIT, [27JY]
Cosponsors added, [19AU], [30SE], [7OC]
H.R. 4840--
A bill to provide for reform of health insurance, including tax benefits
relating to health insurance and medical malpractice and antitrust
reform; jointly, to the Committees on Energy and Commerce; Education
and Labor; Ways and Means; the Judiciary.
By Mr. SAM JOHNSON (for himself, Mr. Doolittle, and Mr. Hutchinson),
[27JY]
Cosponsors added, [3AU], [10AU]
H.R. 4841--
A bill to establish a fund for various programs to strengthen and expand
the capacity of State and local governments and other entities to
improve the public health; jointly, to the Committees on Energy and
Commerce; Education and Labor; Ways and Means.
By Mr. MORAN (for himself, Mr. Stokes, Mr. Dellums, Mr. Hilliard, Mr.
Farr, Mr. Neal of North Carolina, Mr. Studds, Ms. Pelosi, Mr.
Serrano, Mr. Filner, Mr. Foglietta, Mr. Sanders, Mrs. Maloney, and
Mr. Payne of New Jersey), [27JY]
Cosponsors added, [28JY], [2AU], [9AU], [12AU], [3OC]
Cosponsors removed, [5AU]
H.R. 4842--
A bill to specify the terms of contracts entered into by the United
States and Indian tribal organizations under the Indian Self-
Determination and Education Assistance Act, and for other purposes;
to the Committee on Natural Resources.
By Mr. RICHARDSON (for himself and Mr. Thomas of Wyoming), [27JY]
Committee discharged. Passed House amended, [7OC]
Passed Senate, [7OC]
Presented to the President (October 18, 1994)
Approved [Public Law 103-413] (signed October 25, 1994)
H.R. 4843--
A bill to establish the National Sports Heritage Commission; jointly, to
the Committees on Public Works and Transportation; House
Administration.
By Mr. TORRICELLI, [27JY]
H.R. 4844--
A bill for the relief of Gulnur Akbal Walmsley; to the Committee on the
Judiciary.
By Mr. SLATTERY, [27JY]
H.R. 4845--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Broken Promise; to
the Committee on Merchant Marine and Fisheries.
By Mr. YOUNG of Florida, [27JY]
H.R. 4846--
A bill to amend the Internal Revenue Code of 1986 to provide that the
unearned income of children attributable to personal injury awards
shall not be taxed at the marginal rate of the parents; to the
Committee on Ways and Means.
By Mr. BOEHLERT, [28JY]
Cosponsors added, [18AU]
H.R. 4847--
A bill to provide for the reconstitution of outstanding repayment
obligations of the Administrator of the Bonneville Power
Administration for the appropriated capital investments in the
Federal Columbia River Power System; to the Committee on Natural
Resources.
By Mr. DeFAZIO (for himself, Mr. Swift, Mr. Dicks, Mr. Kopetski, Ms.
Furse, Mr. Kreidler, Mr. McDermott, Ms. Cantwell, Mrs. Unsoeld, Mr.
Wyden, and Mr. Inslee), [28JY]
H.R. 4848--
A bill to control crime; to the Committee on the Judiciary.
By Mr. DICKEY, [28JY]
H.R. 4849--
A bill to implement the obligations of the United States under the
Convention on the Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on their destruction,
known as ``the Chemical Weapons Convention'' and opened for
signature and signed by the United States on January 13, 1993;
jointly, to the Committees on Foreign Affairs; the Judiciary; Energy
and Commerce.
By Mr. HAMILTON (for himself (by request), Mr. Gilman, Mr. Lantos, Mr.
Berman, Mr. Swift, and Mr. Oxley), [28JY]
H.R. 4850--
A bill to require Congress to comply with the laws it imposes on others;
jointly, to the Committees on House Administration; Education and
Labor; the Judiciary; Government Operations; Rules.
By Mr. ISTOOK (for himself and Mr. Inhofe), [28JY]
H.R. 4851--
A bill to waive the time limitation specified by law for the award of
certain military decorations in order to allow the posthumous award
of the Congressional Medal of Honor to Doris Miller for actions
while a member of the Navy during World War II; to the Committee on
Armed Services.
By Ms. EDDIE BERNICE JOHNSON of Texas (for herself, Mr. Frank of
Massachusetts, Mrs. Meek of Florida, Mr. Bacchus of Florida, Mr.
Emerson, Mr. Meehan, Mr. Skeen, Mr. McDermott, Mr. Montgomery, Mr.
Rangel, Ms. DeLauro, Mrs. Thurman, Miss Collins of Michigan, Mr.
Wynn, Ms. Waters, Mr. Lewis of Georgia, Mrs. Clayton, Mr. Watt, Mr.
Hastings, Mr. Scott, Mr. Payne of New Jersey, Mr. Owens, Ms.
McKinney, Mr. Hilliard, Ms. Norton, Mr. Tucker, Mr. Wheat, Mr.
Stokes, Mr. Thompson, Mr. Clyburn, Mr. Jefferson, Mr. Fields of
Louisiana, Mr. Mfume, Mr. Conyers, Mr. Flake, Mr. Edwards of Texas,
Mr. Frost, Mr. Tejeda, Mr. Bryant, Mr. Sarpalius, Mr. Wilson, Mr.
Laughlin, Mr. Pete Geren of Texas, Mr. Gene Green of Texas, Mr.
Coleman, Mr. Hall of Texas, Mr. Pickle, Mr. Ortiz, Mr. Chapman, Mr.
Andrews of Texas, Mr. de la Garza, Mr. Gonzalez, Mr. Brooks, Mr.
Washington, and Mr. Stenholm), [28JY]
Cosponsors added, [17AU], [21AU]
H.R. 4852--
A bill to provide congressional approval of a Governing International
Fishery Agreement; to the Committee on Merchant Marine and
Fisheries.
By Mr. MANTON (for himself, Mr. Young of Alaska, and Mr. Studds),
[28JY]
Committee discharged. Passed House amended, [7OC]
H.R. 4853--
A bill to amend the National Sea Grant College Program Act and the
Coastal Zone Management Act of 1972 to enhance marine aquaculture in
the United States, and for other purposes; to the Committee on
Merchant Marine and Fisheries.
By Mr. STUDDS (for himself, Mr. Reed, and Mr. Hughes), [28JY]
H.R. 4854--
A bill to amend the National Aquaculture Act of 1980 to promote the
development of the aquaculture industry in the United States, and
for other purposes; jointly, to the Committees on Merchant Marine
and Fisheries; Agriculture.
By Mr. STUDDS (for himself and Mr. Young of Alaska), [28JY]
H.R. 4855--
A bill to amend title 23, United States Code, to provide for the use of
certain highway funds for improvements to railway-highway crossings;
to the Committee on Public Works and Transportation.
By Mr. VISCLOSKY (for himself, Mr. Roemer, Mr. Myers of Indiana, Ms.
Long, Mr. Buyer, Mr. McCloskey, Mr. Hamilton, Mr. Jacobs, Mr. Sharp,
and Mr. Burton of Indiana), [28JY]
H.R. 4856--
A bill to improve the Nation's health care by creating a comprehensive
medical malpractice prevention program through the creation of
independent, publicly accountable State medical boards and more
stringent licensing and discipline procedures, to empower health
consumers by mandating reporting of certain information regarding
health care providers and professionals and by enhancing informed
individual choice regarding health care services by providing
certain information to consumers, and for other purposes; to the
Committee on Energy and Commerce.
By Mr. NADLER, [28JY]
H.R. 4857--
A bill to make small business concerns eligible to participate in the
health benefits program under chapter 89 of title 5, United States
Code; jointly, to the Committees on Energy and Commerce; Post Office
and Civil Service; Education and Labor.
By Mr. ISTOOK (for himself, Mr. Horn, Mr. Canady, Mr. Zimmer, Mr.
Levy, Mr. Upton, and Mr. McHale), [29JY]
Cosponsors added, [4AU]
H.R. 4858--
A bill to amend the Securities Act of 1933 and the Investment Company
Act of 1940 to promote capital formation for small businesses and
others through exempted offerings under the Securities Act and
through investment pools that are excepted or exempted from
regulation under the Investment Company Act of 1940 and through
business development companies; to the Committee on Energy and
Commerce.
By Mr. MARKEY (for himself and Mr. Fields of Texas), [29JY]
Cosponsors added, [5AU]
H.R. 4859--
A bill to amend the Solid Waste Disposal Act to provide congressional
authorization of State control over transportation and disposal of
municipal solid waste, and for other purposes; to the Committee on
Energy and Commerce.
By Mr. SMITH of New Jersey, [29JY]
H.R. 4860--
A bill to amend the Internal Revenue Code of 1986 to improve the
collection of taxes of U.S. persons moving production abroad and
foreign persons doing business in the United States, and for other
purposes; to the Committee on Ways and Means.
[[Page 2643]]
By Mr. GEPHARDT (for himself, Mr. Obey, Mr. Wheat, Mr. Andrews of
Maine, Mr. Frank of Massachusetts, Mr. Sarpalius, Mr. Hughes, Mr.
Rahall, Mr. Frost, Mr. Clay, Mr. Kanjorski, Mr. Barrett of
Wisconsin, Mr. Brown of Ohio, Mr. DeFazio, Mr. Deutsch, Mr. Evans,
Mr. Filner, Mr. Hinchey, Mr. Johnson of South Dakota, Ms. Kaptur,
Mr. Kleczka, Mrs. Meek of Florida, Mr. Poshard, Mr. Stupak, Mrs.
Thurman, Mr. Vento, Mr. Pomeroy, Mr. Bryant, and Mr. Torres), [29JY]
Cosponsors added, [3AU], [11AU], [17AU]
H.R. 4861--
A bill to provide for the consolidation of Federal employment assistance
programs, to provide increased notice of the availability of the
earned income tax credit, and to repeal the temporary FUTA surtax;
jointly, to the Committees on Education and Labor; Veterans'
Affairs; Ways and Means; Agriculture.
By Mr. ZELIFF (for himself, Mr. Kasich, Mr. Mica, Mr. Allard, Mr.
Armey, Mr. Blute, Mr. Boehner, Mr. Burton of Indiana, Mr. Cox, Mr.
Hancock, Mr. Herger, Mr. Kolbe, Mr. Linder, Mr. Livingston, Mr.
McCollum, Mr. Miller of Florida, Mr. Shays, Mr. Smith of Michigan,
Mr. Solomon, Mr. Zimmer, and Mr. Gekas), [29JY]
Cosponsors added, [9AU], [16AU], [23SE]
H.R. 4862--
A bill for the relief of Inslaw, Inc., a Delaware Corporation, and
William A. Hamilton and Nancy Hamilton, individually; to the
Committee on the Judiciary.
By Mr. ROSE, [29JY]
Reported with amendment (H. Rept. 103-852), [7OC]
H.R. 4863--
A bill to authorize the sale and reregistration of certain vessels; to
the Committee on Merchant Marine and Fisheries.
By Mr. TAUZIN, [29JY]
H.R. 4864--
A bill to amend the Federal Food, Drug, and Cosmetic Act to authorize a
device application fee, and for other purposes; to the Committee on
Energy and Commerce.
By Mr. WAXMAN (for himself and Mr. Dingell), [1AU]
Reported with amendment (H. Rept. 103-751), [26SE]
H.R. 4865--
A bill to amend the Federal Food, Drug, and Cosmetic Act, the Public
Health Service Act, and the Orphan Drug Act to revise the provisions
of such Acts relating to orphan drugs; to the Committee on Energy
and Commerce.
By Mr. WAXMAN (for himself and Mr. Studds), [1AU]
Reported with amendment (H. Rept. 103-746), [26SE]
H.R. 4866--
A bill to encourage solar, wind, waste, and geothermal power production
by permanently removing the size limitations contained in the Public
Utility Policies Act of 1978; to the Committee on Energy and
Commerce.
By Mr. SHARP (for himself and Mr. Moorhead), [1AU]
Reported with amendment (H. Rept. 103-684), [8AU]
H.R. 4867--
A bill to authorize appropriations for high-speed rail transportation,
and for other purposes; to the Committee on Energy and Commerce.
By Ms. SCHENK (for herself, Mr. Swift, and Mr. Dingell), [1AU]
Reported with amendment (H. Rept. 103-692), [10AU]
Rules suspended. Passed House amended, [16AU]
Passed Senate amended, [18AU]
House agreed to Senate amendments with an amendment, [7OC]
Senate agreed to House amendment to Senate amendments, [8OC]
Presented to the President (October 21, 1994)
Approved [Public Law 103-440] (signed November 2, 1994)
H.R. 4868--
A bill to amend the Railroad Unemployment Insurance Act to reduce the
waiting period for benefits payable under that act, and for other
purposes; to the Committee on Energy and Commerce.
By Mr. SWIFT (for himself and Mr. Oxley), [1AU]
Reported with amendment (H. Rept. 103-693), [10AU]
Rules suspended. Passed House amended, [16AU]
H.R. 4869--
A bill to amend the Revised Organic Act of the Virgin Islands to provide
for the appointment of a U.S. marshal by the President; to the
Committee on Natural Resources.
By Mr. de LUGO (for himself, Mr. Hughes, Mr. Richardson, Mr. Torres,
Mr. Serrano, Mr. Pastor, Mr. Becerra, Mr. Martinez, Mr. Mazzoli, Ms.
Velazquez, Mr. Tejeda, Mr. Ortiz, Mr. Gutierrez, Mr. Underwood, and
Ms. Roybal-Allard), [1AU]
H.R. 4870--
A bill to amend the San Carlos Apache Tribe Water Rights Settlement Act
of 1992 to extend the deadline for completing certain actions
described therein; to the Committee on Natural Resources.
By Ms. ENGLISH of Arizona, [1AU]
H.R. 4871--
A bill to provide for the study of certain prehistoric resources in the
States of Colorado, Wyoming, and Utah; to the Committee on Natural
Resources.
By Mr. HEFLEY, [1AU]
H.R. 4872--
A bill to develop a program regarding career opportunities by making
such information available on publicly accessible networks and other
electronic media; to the Committee on Education and Labor.
By Mr. McHALE, [1AU]
H.R. 4873--
A bill to provide authority to executive departments and agencies to
issue rulings respecting application of laws under their
jurisdiction; to the Committee on the Judiciary.
By Mr. McHALE, [1AU]
Cosponsors added, [28SE]
H.R. 4874--
A bill to amend the White House Conference on Small Business
Authorization Act to require the final report of the national
conference to be published in the Federal Register and distributed
through the regional offices of the Small Business Administration;
to the Committee on Small Business.
By Mr. McHALE, [1AU]
Cosponsors added, [28SE]
H.R. 4875--
A bill to amend the Small Business Act to modify requirements relating
to the personal net worth of individuals who may be considered
economically disadvantaged for the purpose of receiving contract
awards under section 8(a) of that act; to the Committee on Small
Business.
By Mr. McHALE, [1AU]
Cosponsors added, [28SE], [7OC]
H.R. 4876--
A bill to amend the Internal Revenue Code of 1986 to increase the
exclusion for gain from certain small business stock to 100 percent
for stock held for more than 10 years; to the Committee on Ways and
Means.
By Mr. McHALE (for himself and Mr. McInnis), [1AU]
Cosponsors added, [7OC]
H.R. 4877--
A bill to amend the Internal Revenue Code of 1986 to modify certain
rules relating to subchapter S corporations; to the Committee on
Ways and Means.
By Mr. McHALE, [1AU]
Cosponsors added, [28SE]
H.R. 4878--
A bill to amend the Internal Revenue Code of 1986 to allow employers a
credit against income tax for 20 percent of the employee training
expenses paid or incurred by the employer; to the Committee on Ways
and Means.
By Mr. McHALE, [1AU]
Cosponsors added, [28SE]
H.R. 4879--
A bill to amend the Internal Revenue Code of 1986 to restore the 10
percent regular investment tax credit; to the Committee on Ways and
Means.
By Mr. McHALE, [1AU]
Cosponsors added, [7OC]
H.R. 4880--
A bill to amend the Internal Revenue Code of 1986 to permit the issuance
of tax-exempt bonds for air and water pollution control facilities;
to the Committee on Ways and Means.
By Mr. McHALE, [1AU]
Cosponsors added, [28SE]
H.R. 4881--
A bill to amend the Internal Revenue Code of 1986 to disregard up to
$15,000,000 of capital expenditures in applying the provisions
permitting a $10,000,000 limit on qualified small issue bonds; to
the Committee on Ways and Means.
By Mr. McHALE, [1AU]
H.R. 4882--
A bill to amend the Toxic Substances Control Act to reduce the levels of
lead in the environment, and for other purposes; to the Committee on
Energy and Commerce.
By Mr. SWIFT, [1AU]
H.R. 4883--
A bill to deny Federal benefits for 10 years to persons convicted of
making a fraudulent representation with respect to residence in
order to receive benefits from two or more States, and for other
purposes; to the Committee on Government Operations.
By Mr. ZIMMER, [1AU]
Cosponsors added, [3AU], [5AU], [8AU], [9AU], [12SE]
H.R. 4884--
A bill to authorize noncompetitive, career or career-conditional
appointments for employees of the Criminal Justice Information
Services of the Federal Bureau of Investigation who do not relocate
to Clarksburg, WV; to the Committee on Post Office and Civil
Service.
By Ms. NORTON (for herself, Mr. Moran, Mr. Wynn, Mr. Hoyer, Mr. Wolf,
Mrs. Morella, Mrs. Byrne, and Mr. Mfume), [2AU]
Rules suspended. Passed House amended, [16AU]
H.R. 4885--
A bill entitled, ``The North American Border Stations Improvements
Act''; to the Committee on Public Works and Transportation.
By Mr. de la GARZA, [2AU]
H.R. 4886--
A bill to provide for the conservation and development of water and
related resources, to authorize the Secretary of the Army to
construct various projects for improvements to rivers and harbors of
the United States, and for other purposes; to the Committee on
Public Works and Transportation.
By Mr. EWING, [2AU]
H.R. 4887--
A bill to amend the Nuclear Waste Policy Act of 1982 to reaffirm the
obligation of the Secretary of Energy to provide for the safe
disposal of spent nuclear fuel beginning not later than January 31,
1998, and for other purposes; jointly, to the Committees on Energy
and Commerce; Natural Resources.
By Mr. GRAMS, [2AU]
Cosponsors added, [4AU], [19AU], [20AU], [12SE], [20SE], [28SE], [4OC]
H.R. 4888--
A bill entitled, ``District of Columbia Government Revenue Bond
Delegation Authority Act of 1994''; to the Committee on the District
of Columbia.
By Ms. NORTON, [2AU]
H.R. 4889--
A bill to authorize issuance of a certificate of documentation with
appropriate endorsement for the vessel Island Star; to the Committee
on Merchant Marine and Fisheries.
By Mr. GILLMOR, [2AU]
H.R. 4890--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade and the fisheries for the vessel
Raven; to the Committee on Merchant Marine and Fisheries.
By Mr. ROSE, [2AU]
H.R. 4891--
A bill concerning United States efforts to promote respect for
internationally recognized human rights in China; to the Committee
on Foreign Affairs.
By Mr. HAMILTON (for himself, Mr. Ackerman, Mr. Faleomavaega, Mr.
Martinez, Mr. Deutsch, Mr. Gibbons, Mr. Matsui, Mr. Kolbe, Mr.
Dreier, Mr. Lightfoot, Mr. Roemer, Ms. Harman, Mr. Bacchus of
Florida, and Mr. Orton), [3AU]
Cosponsors added, [8AU], [13SE]
H.R. 4892--
A bill to make certain laws applicable to the legislative branch of the
Federal Government; jointly, to the Committees on House
Administration; Education and Labor; Rules; the Judiciary;
Government Operations.
By Mr. MOAKLEY, [3AU]
H.R. 4893--
A bill to repeal the North/South Center Act of 1991; to the Committee on
Foreign Affairs.
[[Page 2644]]
By Mr. BARCA of Wisconsin (for himself, Mr. Penny, Mr. Zimmer, Ms.
Cantwell, and Mr. Barrett of Wisconsin), [3AU]
Cosponsors added, [5AU], [9AU], [12SE]
H.R. 4894--
A bill to prohibit unauthorized fixation of sound recordings and music
videos of live musical performances and provide copyright protection
in restored works, and for certain other purposes; to the Committee
on the Judiciary.
By Mr. HUGHES, [3AU]
H.R. 4895--
A bill to provide for the tax treatment of income and transactions
relating to the Catawba Indian Tribe of South Carolina Land Claims
Settlement Act of 1993; to the Committee on Ways and Means.
By Mr. SPRATT, [3AU]
H.R. 4896--
A bill to grant the consent of the Congress to the Kansas and Missouri
Metropolitan Culture District Compact; to the Committee on the
Judiciary.
By Mr. WHEAT (for himself and Mrs. Meyers of Kansas), [3AU]
Reported (H. Rept. 103-774), [3OC]
Rules suspended. Passed House, [3OC]
Passed Senate, [8OC]
Presented to the President (October 18, 1994)
Approved [Public Law 103-390] (signed October 22, 1994)
H.R. 4897--
A bill to provide for more effective child support enforcement; to the
Committee on Ways and Means.
By Mr. COOPER (for himself and Mr. Gordon), [4AU]
Cosponsors added, [9AU], [12SE], [26SE], [6OC]
H.R. 4898--
A bill to strengthen paternity establishment; to the Committee on Ways
and Means.
By Mr. COOPER (for himself and Mr. Gordon), [4AU]
Cosponsors added, [9AU], [12SE], [26SE], [6OC]
H.R. 4899--
A bill to amend the Internal Revenue Code of 1986 to allow a credit for
100 percent of the contributions made by individuals to
organizations engaged in addressing the needs of at-risk youth and
teenagers; to the Committee on Ways and Means.
By Mr. FRANKS of Connecticut, [4AU]
H.R. 4900--
A bill to provide for the establishment of an occupational safety and
health standard applicable to boxing under the Occupational Safety
and Health Act of 1970, and for other purposes; to the Committee on
Education and Labor.
By Mr. WILLIAMS, [4AU]
H.R. 4901--
A bill to amend the Internal Revenue Code of 1986 to simplify the
assessment and collection of the excise tax on arrows; to the
Committee on Ways and Means.
By Mr. BARCIA of Michigan (for himself, Mr. Brewster, and Mr. Camp),
[4AU]
H.R. 4902--
A bill to provide protection against sexually violent predators; to the
Committee on the Judiciary.
By Ms. DUNN (for herself, Mr. Deal, Mr. Zimmer, Mrs. Fowler, Mr.
Cunningham, Mr. Saxton, Mr. Smith of New Jersey, Mr. Manton, Mr.
Manzullo, Mr. Linder, Ms. Molinari, Mr. Huffington, Mr. Hyde, and
Mr. McCollum), [4AU]
Cosponsors added, [10AU], [17AU]
H.R. 4903--
A bill to expand the powers of the Secretary of the Treasury and the
Bureau of Alcohol, Tobacco and Firearms to regulate the manufacture,
distribution, and sale of firearms and ammunition, and to expand the
jurisdiction of the Bureau to include firearm products and non-
powder firearms; to the Committee on the Judiciary.
By Mr. OWENS, [4AU]
Cosponsors added, [7OC]
H.R. 4904--
A bill for the relief of Eugene Hasenfus; to the Committee on the
Judiciary.
By Mr. ROTH, [4AU]
H.R. 4905--
A bill for the relief of Floyd L. Martin; to the Committee on the
Judiciary.
By Mr. SAXTON, [4AU]
H.R. 4906--
A bill to amend the Congressional Budget and Impoundment Control Act of
1974 to limit consideration of nonemergency matters in emergency
legislation; to the Committee on Rules.
By Mr. SPRATT, [5AU]
Reported (H. Rept. 103-687), [9AU]
Passed House amended, [17AU]
H.R. 4907--
A bill to reform the concept of baseline budgeting; jointly, to the
Committees on Government Operations; Rules.
By Mr. SPRATT, [5AU]
Reported with amendment (H. Rept. 103-688), [9AU]
Passed House amended, [12AU]
H.R. 4908--
A bill to authorize the hydrogen and fusion research, development, and
demonstration programs, and the high energy physics and nuclear
physics programs, of the Department of Energy, and for other
purposes; to the Committee on Science, Space, and Technology.
By Mrs. LLOYD (for herself, Mr. Boucher, Mr. Brown of California, Mr.
Walker, and Mr. Boehlert), [5AU]
Reported (H. Rept. 103-674), [5AU]
Passed House amended, [19AU]
H.R. 4909--
A bill to amend the Elwha River Ecosystem and Fisheries Restoration Act
to provide greater flexibility in the expenditure of funds, and for
other purposes; jointly, to the Committees on Merchant Marine and
Fisheries; Natural Resources; Energy and Commerce.
By Mr. DICKS (for himself, Mr. Miller of California, and Mr. Swift),
[5AU]
H.R. 4910--
A bill to designate the U.S. courthouse under construction in White
Plains, NY, as the ``Thurgood Marshall United States Courthouse'';
to the Committee on Public Works and Transportation.
By Mr. ENGEL (for himself, Ms. Lowey, Mr. Gilman, and Mr. Fish), [5AU]
Reported (H. Rept. 103-763), [29SE]
Rules suspended. Passed House, [4OC]
H.R. 4911--
A bill to authorize extension of the time limitation for a FERC-issued
hydroelectric license; to the Committee on Energy and Commerce.
By Mr. INSLEE, [5AU]
H.R. 4912--
A bill to require the Secretary of the Treasury to mint coins in
commemoration of the 150th anniversary of the founding of the
Smithsonian Institution; to the Committee on Banking, Finance and
Urban Affairs.
By Mr. MINETA (for himself and Mr. McDade), [5AU]
Cosponsors added, [19AU], [12SE], [13SE], [19SE], [23SE], [28SE],
[4OC], [7OC]
Cosponsors removed, [26SE]
H.R. 4913--
A bill to ensure that no extraneous items are included in any bill
containing an emergency designation; jointly, to the Committees on
Government Operations; Rules.
By Mr. STENHOLM (for himself, Mr. Penny, and Mr. Kasich), [5AU]
H.R. 4914--
A bill to reform the concept of baseline budgeting; jointly, to the
Committees on Government Operations; Rules.
By Mr. STENHOLM (for himself, Mr. Penny, and Mr. Kasich), [5AU]
H.R. 4915--
A bill to amend the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 to add States to the governmental entities
eligible for reimbursement for emergency removal actions and to
clarify authority to take such actions at illicit drug laboratories;
jointly, to the Committees on Energy and Commerce; Public Works and
Transportation.
By Mr. STUPAK (for himself, Mr. Barcia of Michigan, Mr. Condit, and
Mr. Horn), [5AU]
H.R. 4916--
A bill to amend the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, and for other purposes; jointly, to the
Committees on Energy and Commerce; Public Works and Transportation;
Ways and Means.
By Mr. SWIFT (for himself, Mr. Dingell, Mr. Mineta, Mr. Gibbons, Mr.
Applegate, and Mr. Boehlert), [8AU]
H.R. 4917--
A bill to amend section 552 of title 5, United States Code--commonly
known as the Freedom of Information Act--to provide for public
access to information in an electronic format, and for other
purposes; to the Committee on Government Operations.
By Ms. CANTWELL (for herself, Mr. Condit, Ms. Eshoo, Ms. Shepherd, Mr.
Fingerhut, and Ms. Woolsey), [8AU]
H.R. 4918--
A bill to reduce the discretionary spending limits to reflect spending
cuts approved by the House of Representatives; to the Committee on
Government Operations.
By Mr. DEAL (for himself, Mr. Fingerhut, Mr. Minge, and Mr. Meehan),
[8AU]
H.R. 4919--
A bill to amend the Helium Act to require the Secretary of the Interior
to sell Federal real and personal property held in connection with
activities carried out under the Helium Act, and for other purposes;
to the Committee on Natural Resources.
By Mr. COX (for himself and Mr. Frank of Massachusetts), [8AU]
Cosponsors added, [11AU], [16AU], [18AU], [12SE], [22SE]
H.R. 4920--
A bill to require the Secretary of Health and Human Services to develop
recommendations for proposed model adoption legislation and
procedures; to the Committee on Education and Labor.
By Ms. LOWEY (for herself and Mr. Wyden), [8AU]
H.R. 4921--
A bill to amend the Internal Revenue Code of 1986 to allow a deduction
for certain adoption expenses; to the Committee on Ways and Means.
By Ms. LOWEY (for herself and Mr. Wyden), [8AU]
H.R. 4922--
A bill to amend title 18, United States Code, to make clear a
telecommunications carrier's duty to cooperate in the interception
of communications for law enforcement purposes, and for other
purposes; to the Committee on the Judiciary.
By Mr. EDWARDS of California (for himself and Mr. Hyde), [9AU]
Reported with amendment (H. Rept. 103-827), [4OC]
Rules suspended. Passed House amended, [5OC]
Passed Senate, [7OC]
Presented to the President (October 18, 1994)
Approved [Public Law 103-414] (signed October 25, 1994)
H.R. 4923--
A bill to equalize the minimum adjustments to prices for fluid milk
under milk marketing orders and to require the Secretary of
Agriculture to conduct a study regarding the solids content of
beverage milk; to the Committee on Agriculture.
By Mr. BARCA of Wisconsin, [9AU]
H.R. 4924--
A bill to assist in the conservation of rhinoceros and tigers by
supporting and providing financial resources for the conservation
programs of nations whose activities directly or indirectly affect
rhinoceros and tiger populations, and of the CITES Secretariat; to
the Committee on Merchant Marine and Fisheries.
By Mr. FIELDS of Texas (for himself, Mr. Studds, and Mr. Beilenson),
[9AU]
Reported (H. Rept. 103-748), [26SE]
Passed House amended, [27SE]
Passed Senate, [8OC]
Presented to the President (October 18, 1994)
Approved [Public Law 103-391] (signed October 22, 1994)
H.R. 4925--
A bill to extend for 1 year the authority of the Bureau of Reclamation
to sell certain loans to the Redwood Valley Water District; to the
Committee on Natural Resources.
By Mr. HAMBURG, [9AU]
Reported (H. Rept. 103-795), [3OC]
H.R. 4926--
A bill to require the Secretary of the Treasury to identify foreign
countries which may be denying national treatment to U.S. banking
organizations and to assess whether any such denial may be having a
significant adverse effect on such organizations, and to require
Federal banking agencies to take such assessments into account in
considering applications by foreign banks under
[[Page 2645]]
the International Banking Act of 1978 and the Bank Holding Company
Act of 1956; to the Committee on Banking, Finance and Urban Affairs.
By Mr. SCHUMER, [9AU]
Reported with amendments (H. Rept. 103-727), [19SE]
Passed House amended, [30SE]
H.R. 4927--
A bill to provide for a nonvoting delegate to the House of
Representatives to represent the Commonwealth of the Northern
Mariana Islands; to the Committee on Natural Resources.
By Mr. UNDERWOOD (for himself, Mr. de Lugo, Mr. Faleomavaega, Mr.
Murphy, Ms. Norton, and Mr. Romero-Barcelo), [10AU]
H.R. 4928--
A bill to amend the Individuals with Disabilities Education Act to
improve the individualized education program, to increase parental
participation in the development of the improving information about
the special education program, to provide for the establishment of
mediation procedures relating to services provided to children under
that act, and for other purposes; to the Committee on Education and
Labor.
By Mr. BALLENGER (for himself, Mr. Goodling, Mr. Fawell, and Mr.
Barrett of Nebraska), [10AU]
H.R. 4929--
A bill to amend the Public Health Service Act to establish a program of
demonstration projects to provide outreach services regarding the
utilization of health benefits under Federal, State, and local
programs; to the Committee on Energy and Commerce.
By Mr. BROWN of Ohio, [10AU]
H.R. 4930--
A bill to amend the Magnuson Fishery Conservation and Management Act to
authorize the Secretary of Commerce to prepare fishery management
plans and amendments to fishery management plans under negotiated
rulemaking procedures; to the Committee on Merchant Marine and
Fisheries.
By Ms. SNOWE, [10AU]
H.R. 4931--
A bill to strengthen protection of the natural resources of the Gulf of
Maine through greater cooperation and coordination between Federal
agencies and the Gulf of Maine Council on the Marine Environment,
and for other purposes; to the Committee on Merchant Marine and
Fisheries.
By Ms. SNOWE, [10AU]
H.R. 4932--
A bill to amend the Magnuson Fishery Conservation and Management Act to
require the Secretary of Commerce to prepare conservation and
management measures for the northeast multispecies--groundfish--
fishery under negotiated rulemaking procedures; to the Committee on
Merchant Marine and Fisheries.
By Ms. SNOWE, [10AU]
H.R. 4933--
A bill to amend the Solid Waste Disposal Act, and for other purposes; to
the Committee on Energy and Commerce.
By Mr. SWIFT, [10AU]
Cosponsors added, [20SE]
H.R. 4934--
A bill to restore immigration to traditional levels by curtailing
illegal immigration and imposing a ceiling on legal immigration;
jointly, to the Committees on the Judiciary; Ways and Means.
By Mr. ARCHER, [10AU]
Cosponsors added, [26SE], [7OC]
H.R. 4935--
A bill to provide that recipients of export promotion assistance should
meet certain requirements; jointly, to the Committees on Foreign
Affairs; Energy and Commerce.
By Mr. JOHNSTON of Florida, [10AU]
H.R. 4936--
A bill to amend title 17, United States Code, to exempt business
establishments from copyright fees for the public performance of
nondramatic musical works by television and radio sets, to exempt
certain choral groups from paying copyright fees, to provide for
court-annexed arbitration in royalty disputes involving performing
rights societies, and to ensure computer access to music repertoire;
to the Committee on the Judiciary.
By Mr. REED (for himself, Mr. Sensenbrenner, Mr. Synar, Mr. Rose, Mr.
Gekas, and Mr. Zeliff), [10AU]
Cosponsors added, [13SE], [20SE], [23SE], [29SE], [30SE], [5OC],
[6OC], [7OC]
H.R. 4937--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Fifty One; to the
Committee on Merchant Marine and Fisheries.
By Mr. SHAW, [10AU]
H.R. 4938--
A bill to provide the members of the Armed Forces held as hostages in
Iran after the seizure of the United States embassy in Tehran on
November 4, 1979, shall be treated as having been prisoners of war
during the period that they were in a captive status; to the
Committee on Armed Services.
By Mr. BARRETT of Nebraska, [11AU]
Cosponsors added, [19AU], [30SE], [3OC]
H.R. 4939--
A bill to designate the U.S. courthouse located at 201 South Vine Street
in Urbana, IL, as the ``Frederick S. Green United States
Courthouse''; to the Committee on Public Works and Transportation.
By Mr. EWING, [11AU]
Reported (H. Rept. 103-764), [29SE]
Considered, [3OC]
Rules suspended. Passed House, [4OC]
H.R. 4940--
A bill to require the specific identification of intelligence
construction projects in annual budget submissions and the
authorization by law of such projects; to the Committee on
Intelligence (Permanent Select).
By Mr. GLICKMAN, [11AU]
Cosponsors added, [18AU]
H.R. 4941--
A bill to repeal the Cuban Democracy Act of 1992; to the Committee on
Foreign Affairs.
By Mr. SERRANO, [11AU]
Cosponsors added, [20SE]
H.R. 4942--
A bill to amend title 28, United States Code, to provide for the use of
volunteer's for Federal Bureau of Investigation tours and at the
Bureau's training facilities, and for other purposes; to the
Committee on the Judiciary.
By Mr. WILSON (for himself, Mr. Bryant, Mr. Meyers of Kansas, Mr.
Zimmer, Mr. Neal of Massachusetts, Mr. Thomas of California, Mr.
Royce, Mr. Frost, Mr. Frank of Massachusetts, Mr. Hastings, Mr.
Parker, and Mr. Emerson), [11AU]
Cosponsors added, [20SE], [29SE]
H.R. 4943--
A bill to regulate fishing in certain waters of Alaska; to the Committee
on Merchant Marine and Fisheries.
By Mr. YOUNG of Alaska, [11AU]
H.R. 4944--
A bill to authorize the Secretary of the Interior to conduct studies
regarding the desalination of water and water reuse, and for other
purposes; jointly, to the Committees on Natural Resources; Science,
Space, and Technology.
By Mr. MILLER of California (for himself, Ms. Pelosi, Mr. Hamburg, Mr.
Bilbray, and Mr. Gallegly), [11AU]
Cosponsors added, [17AU], [26AU], [19SE], [3OC]
Reported from the Committee on Natural Resources with amendments (H.
Rept. 103-821), [3OC]
Rules suspended. Passed House amended, [3OC]
H.R. 4945--
A bill to establish the Library of Congress Revolving Fund, and for
other purposes; to the Committee on House Administration.
By Mr. ROSE, [12AU]
H.R. 4946--
A bill to establish the Midewin National Tallgrass Prairie in the State
of Illinois, and for other purposes; jointly, to the Committees on
Armed Services; Agriculture; Energy and Commerce.
By Mr. SANGMEISTER, [12AU]
Cosponsors added, [12SE], [23SE]
Committees discharged. Passed House amended, [7OC]
H.R. 4947--
A bill to amend title 28, United States Code, to establish additional
requirements regarding appointment of an independent counsel; to the
Committee on the Judiciary.
By Mr. BRYANT, [12AU]
H.R. 4948--
A bill to designate Building No. 137 of the Tuscaloosa Veterans' Medical
Center in Tuscaloosa, AL, as the ``Claude Harris, Jr. Building''; to
the Committee on Veterans' Affairs.
By Mr. BACHUS of Alabama (for himself, Mr. Bevill, Mr. Browder, Mr.
Callahan, Mr. Cramer, Mr. Everett, Mr. Hilliard, Mr. Montgomery, Mr.
Rowland, and Mr. Hutto), [12AU]
Reported (H. Rept. 103-823), [3OC]
Cosponsors added, [3OC]
Passed House, [4OC]
H.R. 4949--
A bill to amend title 5, United States Code, to reform Federal
administrative procedures and improve the regulatory process; to the
Committee on the Judiciary.
By Mr. FRANKS of New Jersey (for himself, Mr. Meehan, Mr. Gallo, and
Mr. DeLay), [12AU]
Cosponsors added, [12SE], [20SE], [6OC], [7OC]
H.R. 4950--
A bill to extend the authorities of the Overseas Private Investment
Corporation, and for other purposes; to the Committee on Foreign
Affairs.
By Mr. GEJDENSON (for himself, Mr. Roth, Ms. Cantwell, Mr. Johnston of
Florida, Mr. Bereuter, Mrs. Meyers of Kansas, Mr. Fingerhut, Mr.
Engel, Mr. Wynn, Mr. Oberstar, and Mr. Schumer), [12AU]
Reported with amendments (H. Rept. 103-726), [19SE]
Rules suspended. Passed House amended, [19SE]
Passed Senate amended, [30SE]
Senate insisted on its amendment and asked for a conference, [30SE]
House disagreed to Senate amendment and agreed to a conference, [4OC]
Conference report (H. Rept. 103-834) submitted in the House, [4OC]
Senate agreed to conference report, [6OC]
House agreed to confernce report, [7OC]
Presented to the President (October 11, 1994)
Approved [Public Law 103-392] (signed October 22, 1994)
H.R. 4951--
A bill to amend the Clean Air Act to provide that no Federal
implementation plan need be promulgated by the Environmental
Protection Agency upon the failure of a State implementation plan to
attain certain attainment deadlines which have been superseded by
the 1990 amendments to the Clean Air Act, and for other purposes; to
the Committee on Energy and Commerce.
By Mr. KIM, [12AU]
Cosponsors added, [18AU]
H.R. 4952--
A bill to amend the Clean Air Act to provide that certain requirements
in effect prior to the 1990 amendments to the Clean Air Act shall
cease to apply, and for other purposes; to the Committee on Energy
and Commerce.
By Mr. KIM, [12AU]
Cosponsors added, [18AU]
H.R. 4953--
A bill to amend the Clean Air Act to prohibit the Environmental
Protection Agency from promulgating a Federal implementation plan
prior to the disapproval of State implementation plan revisions
required pursuant to the Clean Air Act Amendments of 1990, and for
other purposes; to the Committee on Energy and Commerce.
By Mr. KIM, [12AU]
Cosponsors added, [18AU], [13SE], [23SE]
H.R. 4954--
A bill to amend the Fair Housing Act to provide sanctions for the filing
of certain complaints; to the Committee on the Judiciary.
By Mrs. MALONEY, [12AU]
Cosponsors added, [7OC]
H.R. 4955--
A bill to amend title 5, United States Code, and the National Security
Act of 1947 to require disclosure under the Freedom of Information
Act of information regarding certain individuals who participated in
Nazi war crimes during the period in which the United States was
involved in World War II; jointly, to the Committees on Government
Operations; the Judiciary; Intelligence (Permanent Select).
By Mrs. MALONEY (for herself, Mrs. Lowey, Mr. Nadler, Mr. Waxman, Mr.
Saxton, Mr. Pastor, and Mr. Cooper), [12AU]
Cosponsors added, [26AU], [13SE], [5OC], [7OC]
H.R. 4956--
A bill to create an open and competitive marketplace for financial
services which ensures the safety and soundness of the Nation's
financial system as well as the availability of innovative
[[Page 2646]]
financial products and services for consumers, business, and
government at the lowest possible cost, and for other purposes;
jointly, to the Committees on Banking, and Finance and Urban
Affairs; Energy and Commerce.
By Mr. NEAL of North Carolina (for himself, Mr. McCollum, Mr. LaFalce,
Mr. Frank of Massachusetts, Mr. LaRocco, Mr. Dooley, Mr. Ridge, Mr.
Baker of Louisiana, and Mr. King), [12AU]
Cosponsors added, [19SE]
H.R. 4957--
A bill to amend the Railway Labor Act concerning the applicability of
requirements of that act to U.S. air carriers and flight crews
engaged in flight operations outside the United States; to the
Committee on Public Works and Transportation.
By Mr. RAHALL (for himself, Mr. Borski, Mr. DeFazio, Mr. Coppersmith,
Mr. Costello, and Mr. de Lugo), [12AU]
Cosponsors added, [18AU], [20SE], [23SE], [29SE], [30SE], [4OC]
H.R. 4958--
A bill to amend title 3 of the United States Code to provide immunity
from suit for the President of the United States, and for other
purposes; to the Committee on the Judiciary.
By Mr. ROSE, [12AU]
H.R. 4959--
A bill to reduce the economic burden on U.S.-flagged merchant vessels by
streamlining certain regulatory requirements, by expanding the
delegation of the performance of marine safety functions to third
parties, and by broadening the Coast Guard's marine safety
authority, and for other purposes; to the Committee on Merchant
Marine and Fisheries.
By Mr. TAUZIN (for himself, Mr. Studds, Mr. Lipinski, Mr. Fields of
Texas, and Mr. Coble) (all by request), [12AU]
H.R. 4960--
A bill to provide health care quality safeguards for consumers of health
care insurance and health care products and services; to the
Committee on Energy and Commerce.
By Mr. WYDEN, [12AU]
H.R. 4961--
A bill to establish the Coeur d'Alene Basin Restoration Corporation and
authorize the Corporation to undertake all actions necessary for the
cleanup of mining wastes and the restoration of natural resources in
the watershed encompassing the Coeur d'Alene River, Coeur d'Alene
Lake, and its tributaries, and the Spokane River in northern Idaho
and western Washington; jointly, to the Committees on Natural
Resources; Energy and Commerce; Public Works and Transportation.
By Mr. LaROCCO, [12AU]
H.R. 4962--
A bill to amend the Federal Water Pollution Control Act relating to the
Coeur d'Alene Basin Management Conference; jointly, to the
Committees on Public Works and Transportation; Natural Resources;
Merchant Marine and Fisheries; Energy and Commerce.
By Mr. LaROCCO, [12AU]
H.R. 4963--
A bill to clarify that the expenses of administering the Old Age,
Survivors, and Disability Insurance Programs are not included in the
budget of the U.S. Government, and for other purposes; jointly, to
the Committees on Ways and Means; Government Operations; Rules.
By Ms. MARGOLIES-MEZVINSKY, [12AU]
H.R. 4964--
A bill to provide grants for demonstration projects to coordinate the
administration of services to needy families with children; jointly,
to the Committees on Ways and Means; Agriculture; Education and
Labor; Energy and Commerce; Banking, Finance and Urban Affairs.
By Mr. MENENDEZ (for himself, Mr. Frost, Mr. Foglietta, Mr. Hastings,
Mrs. Meek of Florida, Mr. Ehlers, Ms. Kaptur, Mr. de Lugo , Mr.
Farr, Mr. Engel, and Ms. Woolsey), [12AU]
Cosponsors added, [13SE]
H.R. 4965--
A bill to encourage serious negotiations between the major league
baseball players and the owners of major league baseball in order to
prevent a strike by the players or a lockout by the owners so that
the fans will be able to enjoy the remainder of the baseball season,
the playoffs, and the World Series; to the Committee on the
Judiciary.
By Mr. OWENS, [12AU]
H.R. 4966--
A bill to authorize the Secretary of Agriculture to enter into a land
exchange involving the Cleveland National Forest, California, and to
require a boundary adjustment for the national forest to reflect the
land exchange, and for other purposes; to the Committee on Natural
Resources.
By Mr. COX (for himself and Mr. Calvert), [16AU]
H.R. 4967--
A bill to designate the Federal building and U.S. courthouse in Detroit,
MI, as the ``Theodore Levin Federal Building and United States
Courthouse''; to the Committee on Public Works and Transportation.
By Ms. COLLINS of Michigan, [16AU]
Cosponsors added, [19AU]
Reported with amendments (H. Rept. 103-762), [29SE]
Considered, [3OC]
Rules suspended. Passed House amended, [4OC]
Passed Senate, [7OC]
Presented to the President (October 25, 1997)
Approved [Public Law 103-441] (signed November 2, 1994)
H.R. 4968--
A bill to authorize extensions of time limitations in a FERC-issued
license; to the Committee on Energy and Commerce.
By Mr. MOLLOHAN, [16AU]
H.R. 4969--
A bill to amend the Communications Act of 1934 to limit the rates and
charges that may be imposed on interstate and foreign communications
made through providers of operator services; to the Committee on
Energy and Commerce.
By Mr. SCHUMER (for himself, Ms. Velazquez, Mr. Serrano, Ms. Lowey,
and Mr. Owens), [16AU]
H.R. 4970--
A bill to amend vaccine injury compensation portion of the Public Health
Service Act to permit a petition for compensation to be submitted
within 48 months of the first symptoms of injury; to the Committee
on Energy and Commerce.
By Mr. SOLOMON, [16AU]
H.R. 4971--
A bill to amend the Animal Welfare Act to strengthen the annual
reporting requirements of research facilities conducting animal
experimentation or testing and to improve the accountability of
animal experimentation programs of the Department of Defense;
jointly, to the Committees on Agriculture; Armed Services.
By Mr. TORRICELLI (for himself, Mr. Jacobs, Mr. Deutsch, Mr. Manton,
Mr. Gejdenson, and Mr. Swett), [16AU]
Cosponsors added, [19AU], [12SE], [13SE], [23SE]
H.R. 4972--
A bill to amend the Public Buildings Act of 1959 to ensure that any
lease entered into by a Federal agency for office, meeting, storage,
and other space necessary to carry out the functions of the Federal
agency shall be subject to the leasing requirements of the Public
Buildings Act of 1959; to the Committee on Public Works and
Transportation.
By Mr. TRAFICANT, [16AU]
H.R. 4973--
A bill to amend title 18, United States Code, to make it unlawful for
any person to knowingly possess stolen firearms or stolen
ammunition; to the Committee on the Judiciary.
By Ms. DUNN, [17AU]
H.R. 4974--
A bill to amend the Mississippi River Corridor Study Commission Act of
1989 to extend the term of the Commission established by such act;
to the Committee on Natural Resources.
By Mr. EVANS (for himself, Mr. Clay, Mr. Jefferson, Mr. Barlow, Mr.
Lipinski, Mr. Leach, Mr. Gutierrez, Mr. Costello, Mr. Oberstar, Mr.
Wheat, Mr. Baker of Louisiana, Mr. Sangmeister, Mr. Montgomery, Mrs.
Lloyd, and Mr. Ford of Tennessee), [17AU]
H.R. 4975--
A bill to amend the Balanced Budget and Emergency Deficit Control Act of
1985 to exclude changes in tariffs from the paygo scorecard and to
amend the Congressional Budget and Impoundment Control Act of 1974
to exempt changes in tariffs from certain points of order; jointly,
to the Committees on Government Operations; Rules.
By Mr. DREIER (for himself and Mr. Kolbe), [17AU]
H.R. 4976--
A bill to amend the Colorado River Basin Salinity Control Act to
authorize additional measures to carry out the control of salinity
upstream of Imperial Dam in a cost-effective manner; to the
Committee on Natural Resources.
By Mr. HANSEN (for himself, Mr. Skeen, Mr. Bilbray, and Mr. Pastor),
[17AU]
Cosponsors added, [12SE], [20SE]
H.R. 4977--
A bill to change the appeals process in the workers compensation
provisions of title 5, United States Code; to the Committee on
Education and Labor.
By Mr. KREIDLER (for himself, Mr. Murphy, Mr. Frank of Massachusetts,
Mr. Barlow, Mr. Martinez, Mr. Oberstar, Mr. Jacobs, Mrs. Unsoeld,
Ms. Eddie Bernice Johnson of Texas, Mr. Torres, Mr. Vento, Mr.
Wyden, Mr. Synar, and Mr. Johnston of Florida), [17AU]
Cosponsors added, [13SE], [20SE], [23SE], [27SE], [6OC], [7OC]
H.R. 4978--
A bill to require the administrative agency responsible for adjudicating
claims under the workers compensation provisions of title 5, United
States Code, to follow certain procedures in seeking medical
opinions; to the Committee on Education and Labor.
By Mr. KREIDLER (for himself, Mr. Murphy, Mr. Frank of Massachusetts,
Mr. Barlow, Mr. Martinez, Mr. Oberstar, Mr. Jacobs, Mrs. Unsoeld,
Ms. Eddie Bernice Johnson of Texas, Mr. Torres, Mr. Vento, Mr.
Wyden, Mr. Synar, and Mr. Johnston of Florida), [17AU]
Cosponsors added, [13SE], [20SE], [23SE], [27SE], [6OC], [7OC]
H.R. 4979--
A bill to require the administrative agency responsible for adjudicating
claims under the workers compensation provisions of title 5, United
States Code, to select board-certified physicians to provide second
opinions; to the Committee on Education and Labor.
By Mr. KREIDLER (for himself, Mr. Murphy, Mr. Frank of Massachusetts,
Mr. Barlow, Mr. Martinez, Mr. Oberstar, Mr. Jacobs, Mrs. Unsoeld,
Ms. Eddie Bernice Johnson of Texas, Mr. Torres, Mr. Vento, Mr.
Wyden, Mr. Synar, and Mr. Johnston of Florida), [17AU]
Cosponsors added, [13SE], [20SE], [23SE], [27SE], [6OC], [7OC]
H.R. 4980--
A bill to designate the bridge on U.S. Route 231 which crosses the Ohio
River between Maceo, KY, and Rockport, IN, as the ``William H.
Natcher Bridge''; to the Committee on Public Works and
Transportation.
By Mr. LEWIS of Kentucky (for himself, Mr. Bunning, Mr. Rogers, Mr.
Mazzoli, Mr. Baesler, and Mr. Barlow), [17AU]
Cosponsors added, [19SE], [22SE]
Committee discharged. Passed House, [22SE]
H.R. 4981--
A bill to amend certain Federal civil rights statutes to prevent the
involuntary application of arbitration to claims that arise from
unlawful employment discriminaton based on race, color, religion,
sex, national origin, age, or disability; and for other purposes;
jointly, to the Committees on Education and Labor; the Judiciary.
By Mrs. SCHROEDER (for herself, Mr. Markey, and Ms. Margolies-
Mezvinsky), [17AU]
Cosponsors added, [7OC]
H.R. 4982--
A bill to improve the enforcement of child support obligations in both
intrastate and interstate cases by requiring the imposition and
execution of liens against the property of persons who owe overdue
support; to the Committee on Ways and Means.
By Mr. TORKILDSEN, [17AU]
Cosponsors added, [23SE]
H.R. 4983--
A bill to amend title IV of the Social Security Act by reforming the Aid
to Families with Dependent Children Program, and for other purposes;
jointly, to the Committees on Ways and Means; Education and Labor;
Energy and Commerce; Agriculture.
By Mr. VOLKMER, [17AU]
H.R. 4984--
A bill to amend the Solid Waste Disposal Act to regulate the use of
hazardous waste as
[[Page 2647]]
fuel for energy recovery, the operation of cement kilns that burn
hazardous waste as fuel, the disposal of cement kiln dust waste, and
related activities; to the Committee on Energy and Commerce.
By Ms. MARGOLIES-MEZVINSKY, [18AU]
Cosponsors added, [27SE]
H.R. 4985--
A bill to prohibit aircraft from flying over The Ballpark in Arlington,
in Arlington, TX, and for other purposes; to the Committee on Public
Works and Transportation.
By Mr. BARTON of Texas, [18AU]
H.R. 4986--
A bill to amend the Internal Revenue Code of 1986 to increase the
deductibility of business meal expenses for individuals who are
subject to Federal hours of limitation; to the Committee on Ways and
Means.
By Mr. JEFFERSON, [18AU]
Cosponsors added, [7OC]
H.R. 4987--
A bill to authorize the Secretary of the Interior to participate in the
construction of the Orange County Regional Water Reclamation
Project; to the Committee on Natural Resources.
By Mr. KIM (for himself, Mr. Cox, Mr. Dornan, Mr. Packard, and Mr.
Royce), [18AU]
H.R. 4988--
A bill to provide for a 4-year demonstration project under Medicare
which shall establish a preventive health care screening examination
program; jointly, to the Committees on Ways and Means; Energy and
Commerce.
By Mr. REGULA (for himself and Mr. Hughes), [18AU]
H.R. 4989--
A bill to designate the Federal building and United States courthouse
located at 100 Northeast Monroe Street in Peoria, IL, as the
``Robert H. Michel Federal Building and United States Courthouse'';
to the Committee on Public Works and Transportation.
By Mr. TRAFICANT (for himself, Mr. Mineta, Mr. Shuster, Mr. Duncan,
Mr. Hyde, Mr. Hastert, and Mr. Gingrich), [18AU]
H.R. 4990--
A bill to amend title 10, United States Code, to require the Secretary
of Defense to establish a commission to collect and investigate
reports by members of the Armed Forces of illnesses incurred during
or shortly following their service in combat zones during a war on
contingency operation; to the Committee on Armed Services.
By Mr. CAMP, [18AU]
H.R. 4991--
A bill to provide that Oregon may not tax compensation paid to a
resident of Washington for services as a Federal employee at a
Federal hydroelectric facility located on the Columbia River; to the
Committee on the Judiciary.
By Mr. INSLEE, [18AU]
H.R. 4992--
A bill to accept redesignation by the Yakama Tribal Council of the name
Confederated Tribes and Bands of the Yakima Indian Nation to the
``Confederated Tribes and Bands of Yakama Indian Nation'' to conform
to wording of the Treaty with the Yakamas; to the Committee on
Natural Resources.
By Mr. INSLEE, [18AU]
H.R. 4993--
A bill to authorize the Secretary of Agriculture to exchange certain
lands in the Wenatachee National Forest, Washington, for certain
lands owned by Public Utility District No. 1 of Chelan County, WA,
and for other purposes; to the Committee on Natural Resources.
By Mr. INSLEE, [18AU]
H.R. 4994--
A bill to apply the antitrust laws of the United States to major league
baseball; to the Committee on the Judiciary.
By Mr. SYNAR (for himself, Mr. Bunning, Mr. Owens, and Mr. Bilirakis),
[18AU]
Cosponsors added, [26SE], [5OC]
Reported with amendment (H. Rept. 103-871), [29NO]
H.R. 4995--
A bill to require the disclosure of service and other charges on
tickets, and for other purposes; to the Committee on Energy and
Commerce.
By Mr. DINGELL (for himself, Mr. Condit, and Mr. Swift), [19AU]
Cosponsors added, [28SE], [7OC]
H.R. 4996--
A bill to prohibit the use of certain assistance provided under the
Housing and Community Development Act of 1974 and the Housing and
Community Development Act of 1992 for employment relocation
activities; to the Committee on Banking, Finance and Urban Affairs.
By Mr. BARRETT of Wisconsin (for himself and Mr. Barca of Wisconsin),
[19AU]
Cosponsors added, [29SE]
H.R. 4997--
A bill to amend title 18, United States Code, to prohibit interstate-
connected conduct relating to exotic animals; to the Committee on
the Judiciary.
By Mr. BROWN of California (for himself, Mr. Edwards of California,
Mr. Beilenson, Mr. Wilson, Ms. Eddie Bernice Johnson of Texas, Mr.
Meehan, Ms. Woolsey, Mr. Torres, Mr. Farr, Mrs. Maloney, Mr. Studds,
Mr. Nadler, Mr. Mann, Mr. Lantos, Mr. Moran, Mr. Swett, and Ms.
Pelosi), [19AU]
Cosponsors added, [13SE], [26SE], [29SE], [6OC], [7OC], [29NO]
H.R. 4998--
A bill to provide for an independent review of the implementation of the
national implementation plan for modernization of the National
Weather Service at specific sites, and for other purposes; to the
Committee on Science, Space, and Technology.
By Mr. CRAMER (for himself, Mr. McCloskey, Mr. Roemer, Mr. Bevill,
Mrs. Lloyd, Ms. Long, Mr. Barlow, Ms. Kaptur, and Mr. Poshard),
[19AU]
Cosponsors added, [13SE], [29SE]
H.R. 4999--
A bill to amend the United States Commission on Civil Rights Act of
1983; to the Committee on the Judiciary.
By Mr. EDWARDS of California, [19AU]
Reported with amendment (H. Rept. 103-775), [3OC]
Rules suspended. Passed House amended, [3OC]
Laid on the table, [3OC]
H.R. 5000--
A bill to provide for the establishment of the Tallgrass Prairie
National Preserve in Kansas; to the Committee on Natural Resources.
By Mr. GLICKMAN (for himself, Mr. Roberts, Mr. Slattery, and Mrs.
Meyers of Kansas), [19AU]
H.R. 5001--
A bill to establish the Federal right of every unemancipated child to be
supported by such child's parent or parents and, therefore, to
confer upon certain local courts of the District of Columbia and
every State and territory of the United States jurisdiction to
enforce such right regardless of such child's residence; to the
Committee on the Judiciary.
By Mr. JACOBS, [19AU]
H.R. 5002--
A bill to amend the Internal Revenue Code of 1986 to provide that
disabled individuals shall be eligible for the one-time exclusion of
gain from sale of principal residence; to the Committee on Ways and
Means.
By Mrs. JOHNSON of Connecticut, [19AU]
H.R. 5003--
A bill to amend the Internal Revenue Code of 1986 to allow certain
expenses for overnight camps to qualify for the credit and exclusion
relating to dependent care expenses; to the Committee on Ways and
Means.
By Mrs. JOHNSON of Connecticut, [19AU]
H.R. 5004--
A bill to amend the Internal Revenue Code of 1986 to provide that a
consent to waive a survivor annuity form of retirement benefit shall
also be effective if made before marriage; jointly, to the
Committees on Ways and Means; Education and Labor.
By Mrs. JOHNSON of Connecticut, [19AU]
H.R. 5005--
A bill to require periodic plebiscites in United States territories and
to require congressional notification of executive branch actions
impacting the status of United States territories, and for other
purposes; to the Committee on Natural Resources.
By Mr. TORRICELLI (for himself, Mr. Roemer, Mr. Gilman, Mr. Wheat, Mr.
Gallegly, Mr. Andrews of New Jersey, Mr. Deutsch, Mr. Diaz-Balart,
Mr. Hastings, and Mrs. Meek of Florida), [19AU]
Cosponsors added, [21SE], [26SE], [30SE], [5OC]
H.R. 5006--
A bill to amend the Internal Revenue Code of 1986 to encourage savings
and investment through individual retirement accounts, and for other
purposes; to the Committee on Ways and Means.
By Mr. PICKLE (for himself, Mr. Thomas of California, Mr. Neal of
Massachusetts, Mr. Mazzoli, Mr. Gekas, Mr. Andrews of Texas, Mrs.
Johnson of Connecticut, Mr. Sundquist, Mr. Crane, Mr. McNulty, Mr.
Hancock, Mr. Ackerman, Mr. Fields of Texas, Mr. Lipinski, Mr. Gene
Green of Texas, Mr. Hutto, Mr. Wilson, Ms. Eshoo, Mr. Levy, Mr.
Fazio, Mr. Jefferson, Mr. McCrery, Mr. Fish, Mr. Sarpalius, Mr.
Hastings, Mr. Hayes, Ms. Eddie Bernice Johnson of Texas, Mr. Brown
of California, Mr. Frost, Mr. Emerson, Mr. Greenwood, Mr. Packard,
Mr. Lewis of California, Mr. Hyde, Mr. Doolittle, Mr. Rogers, Mr.
Lewis of Florida, Mr. Hefner, Mr. Evans, Mr. Rahall, Mr. Swift, Mr.
Hansen, Mr. Bryant, Mr. Spence, Mr. Callahan, Mr. Camp, Mr.
Torkildsen, Mr. Calvert, Mr. Bevill, Mr. Sensenbrenner, Mr. Hall of
Texas, Mr. Romero-Barcelo, Mr. Livingston, Mr. Parker, Mr. Saxton,
Mr. Chapman, Mr. Martinez, Mr. Herger, Mr. Sawyer, Mr. Minge, and
Mr. Pete Geren of Texas), [20AU]
Cosponsors added, [7OC], [29NO]
H.R. 5007--
A bill to authorize the Secretary of Agriculture to use stewardship
contracting under which the receipts from the sale of timber and
other forest products from National Forest System lands are
available to the Secretary to conduct other resource activities on
such lands for the improvement and restoration of healthy forest
ecosystems; to the Committee on Agriculture.
By Mr. LaROCCO, [20AU]
H.R. 5008--
A bill to combat crime; to the Committee on the Judiciary.
By Mr. BREWSTER (for himself, Mr. Hunter, Mr. Pete Geren of Texas, Mr.
Cox, Mr. Peterson of Minnesota, Mr. McInnis, Mr. Taylor of
Mississippi, Mr. Baker of California, Mr. Tauzin, Mr. Bartlett of
Maryland, Mr. Parker, Mr. Boehner, Mr. Browder, Mr. Bonilla, Mr.
Chapman, Mr. Bunning, Mr. Deal, Mr. Burton of Indiana, Ms. Danner,
Mr. Callahan, Mr. Tanner, Mr. Manzullo, Mr. Stenholm, Mr. Collins of
Georgia, Mr. Sarpalius, Mr. Armey, Mr. Hall of Texas, Mr. Crane, Mr.
Valentine, Mr. Doolittle, Mr. Orton, Mr. Duncan, Mr. Hutto, Ms.
Dunn, Mr. Montgomery, Mr. Emerson, Mr. Rahall, Mr. Everett, Mr.
Condit, Mr. Ewing, Mr. Rowland, Mr. Gilman, Mr. Wilson, Mr. Hancock,
Mr. Holden, Mr. Hefley, Mr. Tejeda, Mr. Herger, Mr. Cramer, Mr.
Hoekstra, Mr. Barcia of Michigan, Mr. Allard, Mr. Dickey, Mr. Hyde,
Mr. Klink, Mr. Kim, Mr. Hayes, Mr. Kingston, Mr. Stupak, Mr. Kyl,
Mr. Laughlin, Mr. Lewis of Florida, Mrs. Thurman, Mr. Linder, Mr.
Peterson of Florida, Mr. Lightfoot, Mr. Murphy, Mr. Calvert, Mr.
Skelton, Mr. McCollum, Mr. de la Garza, Mr. Bachus of Alabama, Mr.
Darden, Mr. McKeon, Mr. Ortiz, Mr. Moorhead, Mr. Volkmer, Mr.
Packard, Mr. Swett, Mr. Quillen, Mr. Cooper, Mr. Rohrabacher, Mr.
Mollohan, Mr. Schaefer, Mr. Wise, Mr. Shaw, Mr. Smith of Michigan,
Mr. Solomon, Mr. Stearns, Mr. Stump, Mr. Taylor of North Carolina,
Mr. Zeliff, Mr. Fields of Texas, Mrs. Bentley, Mr. Lucas, Mr. Goss,
Mr. Walker, Mr. Barton of Texas, Mr. Hobson, Mr. Inhofe, Mr.
Gingrich, Mr. Roberts, Mr. Sensenbrenner, Mr. Paxon, Mr.
Knollenberg, Mr. Buyer, Mr. DeLay, Mr. Pombo, Mr. Hoke, Mr. Talent,
Mr. Istook, Mr. Gillmor, Mr. Coble, Mr. Livingston, Mr. Grams, Mr.
Sam Johnson, Mr. McCrery, Mr. Santorum, Mr. Thomas of Wyoming, Mr.
Miller of Florida, Mrs. Vucanovich, Mr. Cunningham, Mr. Dornan, Mr.
Sundquist, Mr. Crapo, Mr. Young of Alaska, Mr. Gekas, Mr. Shuster,
Mr. Lewis of Kentucky, Mr. Myers of Indiana, Mr. Young of Florida,
Mr. Baker of Louisiana, Mr. Hastert, Mr. Dreier, Mr. Mica, Mr.
Spence, Mr. Nussle, Mr. Goodlatte, Mr. Bliley, Mr. Portman, Mr.
Schiff, Mr. Hansen, Mr. Lewis of California, Mr. Skeen, Mr. Smith of
Oregon, Ms. Snowe, Mr. Roth, Mr. Camp, Mr. Huffington, and Mr.
Canady), [21AU]
H.R. 5009--
A bill to extend the Export Administration Act of 1979; to the Committee
on Foreign Affairs.
By Mr. HAMILTON, [21AU]
H.R. 5010--
A bill to require that certain Government consumer information
publications that are distributed
[[Page 2648]]
without charge include a statement that they are financed by the
taxpayers of the United States; to the Committee on Government
Operations.
By Mr. BACHUS of Alabama (for himself, Mr. Dornan, and Mr. Franks of
Connecticut), [21AU]
Cosponsors added, [7OC]
H.R. 5011--
A bill to authorize the waiver of such provisions of law as may be
necessary to enable a limited amount of private sector earnings to
be disregarded in determining eligibility for assistance under
welfare programs; to the Committee on Government Operations.
By Mr. BARCA of Wisconsin (for himself, Mr. Swett, Ms. McKinney, Mr.
Nadler, Mr. Barrett of Wisconsin, and Mr. Hinchey), [21AU]
Cosponsors added, [12SE]
H.R. 5012--
A bill to require that any amount of cost savings under a defense
contract realized by the Federal Government as a result of the
consolidation of contractors that causes the elimination of jobs in
a community be used for job retraining and job creation activities
in that community; jointly, to the Committees on Armed Services;
Education and Labor.
By Mr. FILNER, [21AU]
H.R. 5013--
A bill to provide incentives for improving telecommunications and
technology use in education; jointly, to the Committees on Education
and Labor; Energy and Commerce.
By Mr. LEHMAN (for himself, Mr. Lewis of California, Mr. Cooper, and
Mr. McKeon), [21AU]
Cosponsors added, [7OC]
H.R. 5014--
A bill to amend the Internal Revenue Code of 1986 to provide a one-time
exclusion of gain from the sale of farmland to a beginning farmer;
to the Committee on Ways and Means.
By Mr. LIGHTFOOT, [21AU]
Cosponsors added, [28SE], [7OC]
H.R. 5015--
A bill to amend section 223 of the Communications Act of 1934 to prevent
the harassment by computer modem or other electronic device; to the
Committee on Energy and Commerce.
By Mr. MFUME, [21AU]
Cosponsors added, [29NO]
H.R. 5016--
A bill entitled, ``Gilpin County Colorado--BLM Land Transfer Act of
1994''; to the Committee on Natural Resources.
By Mr. SKAGGS, [21AU]
Cosponsors added, [21SE]
H.R. 5017--
A bill to direct the Secretary of the Interior to make annual grants to
the Center for Maritime and Underwater Resource Management at
Michigan State University for a pilot project relating to management
and development of maritime and underwater cultural resources; to
the Committee on Merchant Marine and Fisheries.
By Mr. STUPAK, [21AU]
Cosponsors added, [19SE]
H.R. 5018--
A bill to limit the authority of the Interstate Commerce Commission to
overturn certain employee protection agreements; to the Committee on
Energy and Commerce.
By Mr. WILLIAMS, [21AU]
H.R. 5019--
A bill to rescind the fee required for the use of public recreation
areas at lakes and reservoirs under the jurisdiction of the Army
Corps of Engineers, and for other purposes; to the Committee on
Public Works and Transportation.
By Mr. WILLIAMS, [21AU]
H.R. 5020--
A bill to amend the Internal Revenue Code of 1986 to permit penalty-free
withdrawals by unemployed individuals from certain retirement plans;
to the Committee on Ways and Means.
By Mr. LAZIO, [23AU]
H.R. 5021--
A bill to amend the Internal Revenue Code of 1986 to provide for the
nonrecognition of gain on the sale of a principal residence if the
taxpayer is unemployed; to the Committee on Ways and Means.
By Mr. LAZIO, [23AU]
H.R. 5022--
A bill to amend title 38, United States Code, to direct the Secretary of
Veterans Affairs to establish a permanent, confidential database and
toll-free telephone line for the collection of medical information
concerning members of the Armed Forces and veterans; to the
Committee on Veterans' Affairs.
By Mr. GEJDENSON, [12SE]
H.R. 5023--
A bill to amend the Internal Revenue Code of 1986 to reduce the lowest
rate of income tax imposed on taxpayers other than corporations from
15 percent to 12.5 percent, to provide for a carryover basis of
property acquired from a decedent, and for other purposes; to the
Committee on Ways and Means.
By Mr. OWENS, [12SE]
H.R. 5024--
A bill to require that the Director of the National Park Service
construct a national training center at the National Afro-American
Museum and Cultural Center, and for other purposes; jointly, to the
Committees on Natural Resources; Education and Labor.
By Mr. STOKES (for himself and Mr. Hobson), [12SE]
H.R. 5025--
A bill to eliminate a maximum daily diversion restriction with respect
to the pumping of certain water from Lake Powell, and for other
purposes; to the Committee on Natural Resources.
By Mr. STUMP, [12SE]
Reported (H. Rept. 103-802), [3OC]
H.R. 5026--
A bill to suspend until January 1, 1997, the duty on copper-8-
quinolinolate; to the Committee on Ways and Means.
By Mr. TORKILDSEN, [12SE]
H.R. 5027--
A bill to provide for the applicability of Federal minority setaside
requirements to Hispanic-Americans of Spanish or Portuguese origin;
to the Committee on Government Operations.
By Mr. TORRICELLI, [12SE]
H.R. 5028--
A bill to make technical corrections to an act preempting State economic
regulation of motor carriers; to the Committee on Public Works and
Transportation.
By Mr. RAHALL (for himself and Ms. Cantwell), [12SE]
Cosponsors added, [20SE], [23SE]
H.R. 5029--
A bill for the relief of Billy UI, Meyer; to the Committee on the
Judiciary.
By Mr. LANTOS, [12SE]
H.R. 5030--
A bill to amend the Foreign Assistance Act of 1961 to make certain
corrections relating to international narcotics control activities,
and for other purposes; to the Committee on Foreign Affairs.
By Mr. HAMILTON, [13SE]
Reported (H. Rept. 103-724), [19SE]
Rules suspended. Passed House, [19SE]
Passed Senate amended, [7OC]
H.R. 5031--
A bill to extend the deadline under the Federal Power Act applicable to
the construction of a hydroelectric project in the State of Ohio; to
the Committee on Energy and Commerce.
By Mr. SAWYER, [13SE]
H.R. 5032--
A bill to amend the Internal Revenue Code of 1986 to reduce the rate of
the estate tax imposed on family-owned business interests; to the
Committee on Ways and Means.
By Mr. BREWSTER (for himself and Mr. McCrery), [13SE]
Cosponsors added, [22SE], [28SE], [4OC], [7OC]
H.R. 5033--
A bill to eliminate the administrative authority to prohibit the
possession or transfer of particular assault weapons; to the
Committee on the Judiciary.
By Mr. BAKER of Louisiana (for himself, Mr. Sarpalius, Mr. Bartlett of
Maryland, Mr. Hamilton, Mr. McCloskey, Mr. Combest, Mr. Ramstad, Mr.
Kyl, Mr. Stump, Mr. Fields of Texas, Mr. Barcia of Michigan, Mr.
Hancock, Mr. Poshard, Mr. Grams, Mr. Crane, Mr. Myers of Indiana,
Mr. Kolbe, Mr. Gene Green of Texas, Mr. Callahan, Mr. Roberts, Mr.
Thomas of Wyoming, and Mr. Goodlatte), [13SE]
Cosponsors added, [20SE], [5OC]
H.R. 5034--
A bill to make certain technical amendments relating to the State
Department Basic Authorities Act of 1956, the United States
Information and Educational Exchange Act of 1948, and other
provisions of law; to the Committee on Foreign Affairs.
By Mr. BERMAN (for himself and Ms. Snowe), [13SE]
Rules suspended. Passed House, [19SE]
Passed Senate, [7OC]
Presented to the President (October 21, 1994)
Approved [Public Law 103-415] (signed October 25, 1994)
H.R. 5035--
A bill to authorize the Secretary of Agriculture to establish and
collect recreation use fees on a temporary basis in connection with
the recreational use of the Roosevelt Lake Recreation Area in the
Tonto National Forest in the State of Arizona; to the Committee on
Natural Resources.
By Ms. ENGLISH of Arizona, [13SE]
H.R. 5036--
A bill to enhance access to the benefits of the earned income tax credit
by expanding the electronic filing of income tax returns by
nonprofit organizations on behalf of individuals eligible for such
credit, and for other purposes; to the Committee on Ways and Means.
By Mr. GEJDENSON, [13SE]
Cosponsors added, [7OC]
H.R. 5037--
A bill to establish a Bipartisan Health Care Reform Commission to
analyze and make recommendations concerning health care reform;
jointly, to the Committees on Energy and Commerce; Ways and Means;
Armed Services; Post Office and Civil Service; Education and Labor;
Veterans' Affairs; Rules.
By Mr. GEKAS, [13SE]
Cosponsors added, [19SE], [5OC]
H.R. 5038--
A bill to amend the United States Housing Act of 1937 to require certain
legal aliens to reside in the United States for a period of 5
consecutive years to be eligible for a preference for occupancy in
public housing or for the provision of rental housing assistance; to
the Committee on Banking, Finance and Urban Affairs.
By Mr. GREENWOOD (for himself and Mrs. Meyers of Kansas), [13SE]
Cosponsors added, [20SE]
H.R. 5039--
A bill to require unmarried minors who are parents or pregnant to live
under adult supervision as a condition of receiving certain welfare
benefits, to provide incentives for the establishment by the private
sector of homes for such minors, and to provide for rehabilitation
grants for housing and services facilities; jointly, to the
Committees on Ways and Means; Banking, Finance and Urban Affairs;
Education and Labor; Energy and Commerce; Agriculture.
By Mr. GREENWOOD, [13SE]
H.R. 5040--
A bill to authorize a program of grants to improve the quality of
technical education in manufacturing and other vocational
technologies; to the Committee on Education and Labor.
By Mr. KLINK, [13SE]
H.R. 5041--
A bill to amend the Immigration and Nationality Act to continue the visa
waiver pilot program and to authorize, under certain conditions, the
creation of a probationary status for certain participants in the
visa waiver pilot program; to the Committee on the Judiciary.
By Mr. McCOLLUM (for himself, Mr. Machtley, Mr. Frank of
Massachusetts, Mr. McCloskey, and Mr. Schumer), [13SE]
H.R. 5042--
A bill to limit the accrual of pension benefits for Members of Congress
to 12 years of service, and for other purposes; jointly, to the
Committees on Post Office and Civil Service; House Administration.
By Mr. MILLER of Florida, [13SE]
Cosponsors added, [19SE]
H.R. 5043--
A bill to amend title 10, United States Code, to establish procedures
for determining the status of certain missing members of the Armed
Forces and certain other civilians, and for other purposes; to the
Committee on Armed Services.
By Mr. MURPHY, [13SE]
Cosponsors added, [27SE], [4OC], [6OC], [7OC]
[[Page 2649]]
H.R. 5044--
A bill to establish the American Heritage Areas Partnership Program, and
for other purposes; to the Committee on Natural Resources.
By Mr. VENTO (for himself, Mr. Neal of Massachusetts, Mr. Boucher, Mr.
Mollohan, Mr. Torkildsen, Mr. Derrick, Mr. Hinchey, Mr. Gilman, Mr.
Barlow, Mr. Blute, Mr. McNulty, Mr. Fish, Mr. Hamilton, Mr.
McCloskey, Mr. Coyne, Mr. Reed, Mr. Johnson of Georgia, Mr. Regula,
Mr. Sawyer, Mr. Wolf, Mr. Brown of Ohio, Mr. Traficant, Mr. Hoke,
Mr. Fingerhut, Mr. Strickland, Mr. Gillmor, Mr. Hall of Ohio, Mrs.
Unsoeld, Mr. Stokes, and Mr. Rahall), [13SE]
Cosponsors added, [27SE]
Failed of passage under suspension of the rules, [27SE]
Passed House amended, [5OC]
H.R. 5045--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Andrew J.; to the
Committee on Merchant Marine and Fisheries.
By Mr. HOEKSTRA, [13SE]
H.R. 5046--
A bill to authorize appropriations for the National Oceanic and
Atmospheric Administration for fiscal years 1994 and 1995, and for
other purposes; jointly, to the Committees on Merchant Marine and
Fisheries; Science, Space, and Technology.
By Mr. ORTIZ (for himself, Mr. Studds and Mr. Weldon), [16SE]
H.R. 5047--
A bill to provide for the establishment of a commission to recommend a
standardized honor code for the three military service academies,
the Senior Reserve Officers' Training Corps, and officer candidate
schools; to the Committee on Armed Services.
By Mr. UNDERWOOD, [19SE]
H.R. 5048--
A bill to save lives, prevent injuries, and protect property through
improved State and local fire safety education; to the Committee on
Science, Space, and Technology.
By Mr. HOYER (for himself, Mr. Weldon, and Mr. Boehlert), [19SE]
H.R. 5049--
A bill to require the Secretary of the Treasury to mint coins in
commemoration of George Washington's boyhood home; to the Committee
on Banking, Finance and Urban Affairs.
By Mr. BATEMAN (for himself, Mr. Baker of California, Mrs. Bentley,
Mr. Bliley, Mr. Collins of Georgia, Mr. DeLay, Mr. Emerson, Mr.
Fields of Texas, Mr. Fish, Mr. Gallegly, Mr. Gekas, Mr. Gilman, Mr.
Goodlatte, Mr. Hunter, Mr. Hutchinson, Mrs. Johnson of Connecticut,
Mr. Lewis of Florida, Mr. Lightfoot, Mr. Livingston, Mr. McDade, Mr.
McKeon, Mr. Moorhead, Mr. Packard, Mr. Porter, Mr. Ravenel, Mr.
Roberts, Mr. Saxton, Mr. Schaefer, Ms. Snowe, Mr. Spence, Mr.
Stearns, Mr. Stump, Mr. Thomas of California, Mrs. Vucanovich, Mr.
Wolf, Mr. Bacchus of Florida, Mr. Berman, Mr. Bilbray, Mr. Boucher,
Mrs. Byrne, Mr. de Lugo, Mr. Frost, Mr. Hastings, Mr. Hughes, Mr.
Johnson of South Dakota, Mr. Lipinski, Mr. Matsui, Mr. Meehan, Mrs.
Meek of Florida, Mr. Mineta, Mr. Montgomery, Mr. Moran, Mr. Murphy,
Mr. Neal of Massachusetts, Mr. Payne of Virginia, Mr. Pickett, Mr.
Scott, Mr. Serrano, Mr. Sisisky, Mr. Spratt, Mr. Tauzin, Mr. Towns,
Mr. Watt, Mr. Wilson, Mr. Borski, Mr. Jefferson, and Mr. LaFalce),
[19SE]
Cosponsors added, [22SE]
H.R. 5050--
A bill to restore Federal recognition to the Paskenta Band of Nomlaki
Indians of California; to the Committee on Natural Resources.
By Mr. FAZIO (for himself, Mr. Miller of California, and Mr.
Richardson), [19SE]
Reported with amendment (H. Rept. 103-801), [3OC]
H.R. 5051--
A bill to amend the Federal Deposit Insurance Act to prohibit insured
depository institutions from imposing any fees with respect to
certain deposits of rolled coins by individuals who are not more
than 16 years of age; to the Committee on Banking, Finance and Urban
Affairs.
By Mr. KLEIN, [19SE]
H.R. 5052--
A bill to extend the deadline under the Federal Power Act applicable to
the construction of three hydroelectric projects in the State of
Arkansas; to the Committee on Energy and Commerce.
By Ms. LAMBERT, [19SE]
H.R. 5053--
A bill to expand eligibility for the Wetlands Reserve Program to lands
covered by expiring agreements under the Water Bank Act; to the
Committee on Agriculture.
By Mr. POMEROY, [19SE]
Committee discharged. Passed House amended, [4OC]
Passed Senate, [7OC]
Presented to the President (October 14, 1994)
Approved [Public Law 103-393] (signed October 22, 1994)
H.R. 5054--
A bill to amend title 5, United States Code, to conform the retirement
coverage of Members and congressional employees to that of employees
of the executive branch; jointly, to the Committees on House
Administration; Post Office and Civil Service.
By Mr. SANTORUM, [19SE]
H.R. 5055--
A bill to amend the Federal Meat Inspection Act, the Poultry Products
Inspection Act, and animal quarantine laws to provide for improved
public health and food safety through the reduction of pathogens,
and for other purposes; to the Committee on Agriculture.
By Mr. STENHOLM (for himself, Mr. Waxman, Mr. Brown of California, and
Mr. Farr), [19SE]
Cosponsors added, [6OC]
H.R. 5056--
A bill to amend the Federal Food, Drug, and Cosmetic Act to allow
licensed veterinarians to order the extra-label use of drugs in
animals, and for other purposes; to the Committee on Energy and
Commerce.
By Mr. STENHOLM (for himself, Mr. Waxman, and Mr. Dingell), [19SE]
Cosponsors added, [6OC]
H.R. 5057--
A bill to amend the Nuclear Waste Policy Act of 1982 to clarify the
obligation of the Federal Government to take title to and possession
of high-level radioactive waste and spent nuclear fuel and establish
an interim spent nuclear fuel storage facility, and for other
purposes; jointly, to the Committees on Natural Resources; Energy
and Commerce.
By Mr. UPTON, [19SE]
H.R. 5058--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in coastwise trade in Alaska for a limited period for the
vessel Atlantis III; to the Committee on Merchant Marine and
Fisheries.
By Ms. CANTWELL, [19SE]
H.R. 5059--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Finesse; to the
Committee on Merchant Marine and Fisheries.
By Mr. GOSS, [19SE]
H.R. 5060--
A bill to provide for the continuation of certain fee collections for
the expenses of the Securities and Exchange Commission for fiscal
year 1995; jointly, to the Committees on Energy and Commerce; Ways
and Means.
By Mr. GIBBONS, [20SE]
Reported (H. Rept. 103-739), [22SE]
Rules suspended. Passed House amended, [27SE]
Passed Senate, [8OC]
Presented to the President (October 10, 1994)
Approved [Public Law 103-352] (signed October 10, 1994)
H.R. 5061--
A bill to amend the Nuclear Waste Policy Act of 1982 to clarify the
obligation of the Federal Government to take possession of and title
to high-level radioactive waste and spent nuclear fuel and provide
for its timely and safe transportation, storage, and disposal, and
for other purposes; jointly, to the Committees on Energy and
Commerce; Natural Resources.
By Mr. TOWNS (for himself, Mr. Gillmor, Mr. Barcia of Michigan, Mr.
Ehlers, Mr. Oxley, Mr. Barlow, Mr. Upton, Mr. Minge, and Mr.
Hilliard), [20SE]
Cosponsors added, [7OC]
H.R. 5062--
A bill to amend the Internal Revenue Code of 1986 to make permanent the
limited deduction of health insurance costs of self-employed
individuals; to the Committee on Ways and Means.
By Mrs. MEYERS of Kansas (for herself, Mr. Kolbe, Mrs. Morella, Mr.
Boehlert, Mrs. Johnson of Connecticut, Mr. Ehlers, Mr. Hobson, Mr.
Castle, Mr. Portman, Mr. Upton, Mr. Shays, Mr. Hoekstra, Mr.
Roberts, Mr. McCloskey, Mr. Goss, Mr. Penny, Mr. Cox, Mr. Ballenger,
Mr. Hyde, Mr. Leach, Mr. Hutto, Mr. Torricelli, Mr. Walker, Mr.
Dreier, Mr. Holden, Mr. Kanjorski, Mr. Chapman, Mr. Klink, Mr.
DeLay, Mr. Barton of Texas, Mr. Regula, Mr. Blute, Mrs. Roukema, Mr.
Vento, Mr. Paxon, Mr. Hunter, Mr. McCrery, Mr. Gallegly, Mr.
Bateman, Mr. Gilman, Mr. Berman, Mr. Lightfoot, Mr. Shaw, Mr.
Dornan, Mr. Fawell, Mr. Solomon, Mr. Burton of Indiana, Mr. Wise,
Mr. Oberstar, Mr. Knollenberg, Mr. Zeliff, Mr. Baker of Louisiana,
Mr. Torkildsen, Mr. Collins of Georgia, Mr. Smith of Texas, Mr.
Hastert, Mr. McInnis, and Mr. Stearns), [20SE]
Cosponsors added, [22SE], [23SE], [26SE], [28SE], [29SE], [30SE],
[4OC], [5OC], [7OC], [29NO]
H.R. 5063--
A bill to amend the Immigration Act of 1990 to provide for complete use
of visas made available under the diversity transition program; to
the Committee on the Judiciary.
By Mr. SCHUMER, [20SE]
H.R. 5064--
A bill to amend the Internal Revenue Code of 1986 to revise the
limitation applicable to mutual life insurance companies on the
deduction for policy holder dividends and to exempt small life
insurance companies from the required capitalization of certain
policy acquisition expenses; to the Committee on Ways and Means.
By Mr. FILNER (for himself, Mr. Becerra, Mr. Berman, Mr. Brown of
California, Ms. McKinney, Mrs. Mink of Hawaii, Mr. Sanders, Mrs.
Unsoeld, Ms. Velazquez, Ms. Waters, and Mr. Owens), [20SE]
Cosponsors added, [23SE], [4OC]
H.R. 5065--
A bill to amend the Consolidated Farm and Rural Development Act to make
technical corrections to certain provisions relating to beginning
farmers and ranchers; to the Committee on Agriculture.
By Mr. PENNY, [20SE]
Committee discharged. Passed House amended, [29SE]
H.R. 5066--
A bill to amend the Public Health Service Act to modify the eligibility
requirements for appointment as the Surgeon General of the Public
health Service; to the Committee on Energy and Commerce.
By Mr. QUILLEN, [20SE]
H.R. 5067--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for each of three barges; to the
Committee on Merchant Marine and Fisheries.
By Mr. REED, [20SE]
H.R. 5068--
A bill to amend the Internal Revenue Code of 1986 to provide a credit
for the purchase of child restraint systems used in motor vehicles;
to the Committee on Ways and Means.
By Mr. FIELDS of Texas, [21SE]
Cosponsors added, [28SE], [6OC]
H.R. 5069--
A bill to direct the Attorney General of the United States to enforce
existing anti-pornography laws; to the Committee on the Judiciary.
By Mr. HUNTER (for himself and Ms. Dunn), [21SE]
Cosponsors added, [7OC]
H.R. 5070--
A bill to amend the Internal Revenue Code of 1986 to repeal the 1993
Federal income tax rate increases on trusts established for the
benefit of individuals with disabilities; to the Committee on Ways
and Means.
By Mr. PAYNE of Virginia, [21SE]
H.R. 5071--
A bill to amend the Federal Aviation Administration Authorization Act of
1994 to delay the effective date of trucking deregulation for 1
year; to the Committee on Public Works and Transportation.
[[Page 2650]]
By Mr. SKEEN (for himself, Mr. Richardson, and Mr. Brewster), [21SE]
Cosponsors added, [29SE], [5OC]
H.R. 5072--
A bill for the relief of Charmaine Bieda; to the Committee on the
Judiciary.
By Mr. KANJORSKI (by request), [21SE]
H.R. 5073--
A bill to amend the Endangered Species Act of 1973 to ensure that
constitutionally protected private property rights are not infringed
until adequate protection is afforded by reauthorization of such
act, to protect against and compensate for economic losses from
critical habitat designation, and for other purposes; to the
Committee on Merchant Marine and Fisheries.
By Mr. SMITH of Texas (for himself, Mr. Bonilla, Mr. Archer, Mr.
Armey, Mr. Barton of Texas, Mr. Combest, and Mr. Sam Johnson),
[22SE]
Cosponsors added, [6OC], [7OC]
H.R. 5074--
A bill to grant authority in Guam to give a preference, in awarding
contracts, to persons employing citizens, nationals, or permanent
resident aliens of the United States; to the Committee on Natural
Resources.
By Mr. UNDERWOOD, [22SE]
H.R. 5075--
A bill to ensure that sellers and underwriters of insurance are
qualified and subject to consumer protection requirements; to the
Committee on Energy and Commerce.
By Mr. DINGELL (for himself and Mrs. Collins of Illinois), [22SE]
Cosponsors added, [7OC]
H.R. 5076--
A bill to amend title 23, United States Code, relating to drunk driving;
to the Committee on Public Works and Transportation.
By Mrs. BYRNE, [22SE]
Cosponsors added, [6OC]
H.R. 5077--
A bill to establish a commission to assist in commemoration of the first
airplane flight by the Wright brothers; to the Committee on Post
Office and Civil Service.
By Mr. HALL of Ohio (for himself, Mr. Lancaster, Mr. Applegate, Mrs.
Clayton, Mr. Boehner, Mr. Hefner, Mr. Fingerhut, Mr. McMillan, Mr.
Gillmor, Mr. Neal of North Carolina, Mr. Hobson, Mr. Price of North
Carolina, Ms. Kaptur, Mr. Rose, Mr. Kasich, Mr. Valentine, Mr. Mann,
Mr. Oxley, Mr. Portman, Ms. Pryce of Ohio, Mr. Sawyer, Mr. Stokes,
and Mr. Traficant), [22SE]
H.R. 5078--
A bill to amend the Stewart B. McKinney Homeless Assistance Act to
modify the process by which unutilized and underutilized buildings
and real property resulting from the closure or realignment of
military installations are made available to assist the homeless; to
the Committee on Banking, Finance and Urban Affairs.
By Ms. HARMAN (for herself, Mr. Horn, and Mr. Tucker), [22SE]
H.R. 5079--
A bill to amend the Anti-Drug Abuse Act of 1988 to authorize
appropriations for fiscal years 1995, 1996, and 1997 for drug abuse
education and prevention for the benefit of youth; to the Committee
on Education and Labor.
By Mr. MARTINEZ, [22SE]
H.R. 5080--
A bill to repeal the Postal Service monopoly on first class mail;
jointly, to the Committees on Post Office and Civil Service; the
Judiciary.
By Mr. COX., [22SE]
H.R. 5081--
A bill to provide for a demonstration project by Federal Prison
Industries; to the Committee on the Judiciary.
By Mr. HUGHES, [22SE]
Cosponsors added, [27SE]
H.R. 5082--
A bill to extend for an additional 2 years the period during which
Medicare select polices may be issued; jointly, to the Committees on
Ways and Means; Energy and Commerce.
By Mrs. JOHNSON of Connecticut (for herself, Mr. Pomeroy, Mr. Archer,
Mr. Thomas of California, Mr. Hoekstra, Mr. Michel, Mr. Crane, Mr.
Manzullo, Mr. Grandy, Mr. Tauzin, Mr. Jefferson, Mrs. Unsoeld, Mr.
Jacobs, Mr. Hobson, Mr. McCollum, Mr. Young of Florida, Mr. Boehner,
Mrs. Kennelly, Mr. Goss, Mr. Peterson of Florida, and Mr. Barca of
Wisconsin), [22SE]
Cosponsors added, [27SE], [29SE], [5OC], [6OC], [7OC]
H.R. 5083--
A bill to amend the Public Health Service Act to provide for the
development and operation of regional centers to conduct research
and provide education and training regarding women's health; to the
Committee on Energy and Commerce.
By Ms. MARGOLIES-MEZVINSKY, [22SE]
Cosponsors added, [27SE], [29SE], [3OC], [7OC]
H.R. 5084--
A bill to amend title 13, United States Code, to improve the accuracy of
census address lists, and for other purposes; to the Committee on
Post Office and Civil Service.
By Mr. SAWYER (for himself, Mr. Petri, Ms. Collins of Michigan, and
Mr. McCloskey), [23SE]
Rules suspended. Passed House amended, [3OC]
Passed Senate, [6OC]
Presented to the President (October 21, 1994)
Approved [Public Law 103-430] (signed October 31, 1994)
H.R. 5085--
A bill to provide for the disclosure of lobbying activities to influence
the Federal Government, and for other purposes; to the Committee on
the Judiciary.
By Mr. BRYANT, [23SE]
H.R. 5086--
A bill to authorize the Secretary of Agriculture to establish a pilot
program to evaluate the feasibility of county-based rural
development boards, develop a strategy for adoption of national
rural development goals and objectives, establish a training program
for local county board leaders, providing roles and responsibilities
for State rural development councils, substate regional
organizations, and 1862 and 1890 land grant institutions, and
establish a grant program for financing various rural and small
community development initiatives, and for other purposes; to the
Committee on Agriculture.
By Mr. BAESLER, [23SE]
H.R. 5087--
A bill to maintain funding and staffing for the Office of National Drug
Control Policy for fiscal year 1995; to the Committee on Government
Operations.
By Mr. FRANKS of Connecticut, [23SE]
H.R. 5088--
A bill to recognize and grant a Federal charter to the National Alliance
for the Mentally Ill; to the Committee on the Judiciary.
By Ms. KAPTUR (for herself and Mr. Bryant), [23SE]
H.R. 5089--
A. bill to amend the Internal Revenue Code of 1986 to allow a deduction
for contributions to an individual training account; to the
Committee on Ways and Means.
By Mr. KLINK, [23SE]
Cosponsors added, [30SE]
H.R. 5090--
A bill to authorize noncompetitive, career, or career-conditional
appointments for temporary and term employees of the Federal Deposit
Insurance Corporation, including those assigned to the Resolution
Trust Corporation, who are separated due to downsizing and office
closures or due to the termination of the Resolution Trust
Corporation; to the Committee on Post Office and Civil Service.
By Mr. McCLOSKEY (for himself and Mrs. Morella), [23SE]
H.R. 5091--
A bill to provide for tax relief in the case of low economic growth; to
the Committee on Ways and Means.
By Mr. OBEY (for himself, Mr. Filner, Mr. Bonior, Mr. Hamilton, Mr.
Hinchey, Mrs. Meek of Florida, Mr. Rush, Mr. Richardson, Mr. Clay,
Mr. Bryant, Mr. Vento, Mr. Serrano, Mr. Andrews of Maine, Mr.
Wilson, and Ms. Pelosi), [23SE]
H.R. 5092--
A bill to establish rules governing product liability actions against
raw materials and bulk component suppliers to medical device
manufacturers, and for other purposes; jointly, to the Committees on
the Judiciary; Energy and Commerce.
By Mr. PASTOR (for himself, Mr. Kyl, Mr. Boehlert, Mr. Canady, Mrs.
Meek of Florida, Mr. Serrano, and Mr. McCloskey), [23SE]
Cosponsors added, [6OC], [7OC]
H.R. 5093--
A bill to amend the Public Health Service Act to provide a 1-year
extension of the applicability of certain provisions in the programs
for block grants regarding mental health and substance abuse, and
for other purposes; to the Committee on Energy and Commerce.
By. Mr. SANDERS, [23SE]
H.R. 5094--
A bill to provide a 1-year extension of the applicability of the
authority to transfer funds under the programs for block grants
regarding mental health and substance abuse; to the Committee on
Energy and Commerce.
By Mr. SANDERS, [23SE]
H.R. 5095--
A bill to apply arbitration to major league baseball and for other
purposes; to the Committee on Education and Labor.
By Mr. WILLIAMS, [23SE]
H.R. 5096--
A bill to amend the Pennsylvania Avenue Development Corporation Act of
1972 to authorize appropriations for fiscal year 1995 for operating
and administrative expenses and to require a plan for the orderly
dissolution of the Corporation; to the Committee on Public Works and
Transportation.
By Mr. VENTO, [23SE]
Reported (H. Rept. 103-794), [3OC]
H.R. 5097--
A bill to require the identification of certain high-fire-risk Federal
forest lands in the State of Nevada, the clearing of forest fuels in
such areas, and the submission of a fire prevention plan and budget;
jointly, to the Committees on Natural Resources; Agriculture.
By Mrs. VUCANOVICH, [23SE]
H.R. 5098--
A bill to ratify a compact between the Assiniboine and Sioux Indian
Tribes of the Fort Peek Reservation and the State of Montana; to the
Committee on Natural Resources.
By Mr. WILLIAMS, [23SE]
H.R. 5099--
A bill to amend the Reclamation States Emergency Drought Relief Act of
1991 to provide a loan to the Madera-Chowchilla Power Authority; to
the Committee on Natural Resources.
By Mr. LEHMAN, [26SE]
H.R. 5100--
A bill to repeal the ban on semiautomatic assault weapons and the ban on
large capacity ammunition feeding devices; to the Committee on the
Judiciary.
By Mr. CHAPMAN (for himself, Mr. McCloskey, Mr. Montgomery, Mr.
Skelton, Mr. Hall of Texas, Mr. Thomas of Wyoming, Mr. Kolbe, Mr.
Clinger, Mr. Wilson, Mr. Holden, Mr. Tauzin, Mr. Volkmer, Mr.
Brewster, Mr. Wise, Mrs. Unsoeld, and Mr. Gene Green of Texas),
[26SE]
Cosponsors added, [4OC], [6OC]
H.R. 5101--
A bill to amend title 28, United States Code, to provide that a
reasonable attorney's fee shall be awarded as a part of the cost to
prevailing plaintiffs in Federal civil actions; to the Committee on
the Judiciary.
By Mr. LIVINGSTON, [26SE]
H.R. 5102--
A bill to amend title 18, United States Code, with respect to certain
crimes relating to Congressional Medals of Honor; to the Committee
on the Judiciary.
By Mr. McCANDLESS (for himself and Mr. Fish), [26SE]
Reported (H. Rept. 103-786), [3OC]
Rules suspended. Passed House, [3OC]
Passed Senate, [8OC]
Presented to the President (October 24, 1994)
Approved [Public Law 103-442] (signed November 2, 1994)
H.R. 5103--
A bill to amend title 31, United States Code, to provide for an
Executive Director of the General Accounting Office Personnel
Appeals Board, and for other purposes; to the Committee on Post
Office and Civil Service.
By Mr. McCLOSKEY, [26SE]
Rules suspended. Passed House amended, [3OC]
H.R. 5104--
A bill to amend title XIX of the Social Security Act to require each
State plan for medical assistance under such title to impose
nondiscrimination requirements on hospitals and nursing facilities
[[Page 2651]]
receiving funds under the plan; to the Committee on Energy and
Commerce.
By Mrs. MEEK of Florida, [26SE]
H.R. 5105--
A bill to amend title XVIII of the Social Security Act to impose
nondiscrimination requirements on hospitals and skilled nursing
facilities as a condition of participation in the Medicare Program;
jointly, to the Committees on Ways and Means; Energy and Commerce.
By Mrs. MEEK of Florida, [26SE]
H.R. 5106--
A bill to amend the Internal Revenue Code of 1986 to provide an
exclusion from gross income for amounts contributed by an employer
to medical incentives accounts of employees; to the Committee on
Ways and Means.
By Mr. SAXTON, [26SE]
Cosponsors added, [6OC]
H.R. 5107--
A bill to amend the Wild and Scenic Rivers Act to provide for the study
of Rock Creek in the State of Montana for potential addition to the
national wild and scenic rivers system, and for other purposes; to
the Committee on Natural Resources.
By Mr. WILLIAMS, [26SE]
H.R. 5108--
A bill to extend the Export Administration Act of 1979; to the Committee
on Foreign Affairs.
By Mr. HAMILTON (for himself and Mr. Gilman), [27SE]
Rules suspended. Passed House, [4OC]
H.R. 5109--
A bill to amend the Internal Revenue Code of 1986 to provide that a
taxpayer may elect to include in income crop insurance proceeds and
disaster payments in the year of the disaster or in the following
year, and for other purposes; to the Committee on Ways and Means.
By Mr. MINGE, [27SE]
H.R. 5110--
A bill to approve and implement the trade agreements concluded in the
Uruguay round of multilateral trade negotiations; jointly, to the
Committees on Ways and Means; Agriculture; Education and Labor;
Energy and Commerce; Foreign Affairs; Government Operations; the
Judiciary; Rules; for a period ending not later than October 3,
1994.
By Mr. GEPHARDT (for himself and Mr. Michel) (by request), [27SE]
Cosponsors added, [28SE]
Reported from the Committee on Ways and Means (H. Rept. 103-826, part
1), [3OC]
Reported from the Committee on Energy and Commerce, (H. Rept. 103-826,
part 2), [3OC]
Committee discharged, [3OC]
Passed House, [29NO]
Passed Senate, [1DE]
Presented to the President (December 2, 1994)
Approved [Public Law 103-465] (signed December 8, 1994)
H.R. 5111--
A bill to amend the Internal Revenue Code of 1986 to provide a 1-year
extension of the deduction for the health insurance costs of self-
employed individuals; to the Committee on Ways and Means.
By Mr. BARRETT of Wisconsin, [27SE]
Cosponsors added, [29SE], [3OC], [4OC], [5OC], [6OC], [7OC], [29NO]
H.R. 5112--
A bill to amend the Communications Act of 1934 to require resellers of
long distance telephone services to disclose their relationship to
the carriers from which such services are acquired, and for other
purposes; to the Committee on Energy and Commerce.
By Mr. GEJDENSON, [27SE]
H.R. 5113--
A bill to amend the Public Works and Economic Development Act of 1965 to
establish a competitive communities demonstration program to assist
distressed communities in developing a competitive economic base,
and for other purposes; jointly, to the Committees on Public Works
and Transportation; Banking, Finance and Urban Affairs.
By Mr. WISE, [27SE]
H.R. 5114--
A bill for the relief of Jack Ellsworth; to the Committee on the
Judiciary.
By Mr. HOCHBRUECKNER, [27SE]
H.R. 5115--
A bill to improve the management of the project-based rental assistance
program under section 8 of the United States Housing Act of 1937; to
the Committee on Banking, Finance and Urban Affairs.
By Mr. PETERSON of Minnesota, [28SE]
H.R. 5116--
A bill to amend title 11 of the United States Code; to the Committee on
the Judiciary.
By Mr. BROOKS (for himself, Mr. Fish, and Mr. Synar), [28SE]
Reported with amendment (H. Rept. 103-835), [4OC]
Rules suspended. Passed House amended, [5OC]
Passed Senate, [6OC]
Presented to the President (October 18, 1994)
Approved [Public Law 103-394] (signed October 22, 1994)
H.R. 5117--
A bill to amend title 10, United States Code, to provide for improved
treatment of future actuarial gains and losses to the Department of
Defense Military Retirement Fund; to the Committee on Armed
Services.
By Mr. MURTHA, [28SE]
H.R. 5118--
A bill to amend the Tariff Act of 1930 to permit an extension for filing
drawback claims in cases where the President has declared a major
disaster; to the Committee on Ways and Means.
By Mr. BERMAN, [28SE]
H.R. 5119--
A bill to increase access to, control the costs associated with, and
improve the quality of health care in States through health
insurance reform, State innovation, public health and medical
research, and for other purposes; jointly, to the Committees on
Energy and Commerce; Ways and Means; Education and Labor.
By Mr. DeFAZIO, [28SE]
Cosponsors added, [7OC]
H.R. 5120--
A bill to facilitate efficient investments and financing of
infrastructure projects and new job creation through the
establishment of a National Infrastructure Development Corporation,
and for other purposes; jointly, to the Committees on Banking,
Finance and Urban Affairs; Ways and Means; Public Works and
Transportation.
By Ms. DeLAURO (for herself and Mr. Gephardt), [28SE]
H.R. 5121--
A bill to assist in the economic conversion and diversification of
industries and small businesses in the defense industrial base of
the United States that are adversely affected by significant
reductions in spending for national defense; jointly, to the
Committees on Energy and Commerce; Armed Services; Ways and Means;
Foreign Affairs.
By Mr. KLINK, [28SE]
H.R. 5122--
A bill to require Federal agencies that own or lease motor vehicles to
keep accurate records of the use of those vehicles by Federal
employees, and for other purposes; to the Committee on Government
Operations.
By Mr. MANN, [28SE]
H.R. 5123--
A bill to make a technical correction to an act preempting State
economic regulation of motor carriers; to the Committee on Public
Works and Transportation.
By Mr. RAHALL, [28SE]
Committee discharged. Passed House amended, [29SE]
Passed Senate amended, [6OC]
House disagreed to Senate amendment, [7OC]
H.R. 5124--
A bill to amend the Internal Revenue Code of 1986 to limit the interest
deduction allowed corporations and to allow a deduction for
dividends paid by corporations; to the Committee on Ways and Means.
By Mr. REYNOLDS, [28SE]
H.R. 5125--
A bill to amend the Community Reinvestment Act of 1977 to enhance the
availability of investment capital for low- and moderate-income
housing in low- and moderate-income neighborhoods; to the Committee
on Banking, Finance and Urban Affairs.
By Mrs. ROUKEMA, [28SE]
H.R. 5126--
A bill to amend the National Labor Relations Act, to establish the
National Public Employment Relations Commission, and to amend title
I of the Employment Retirement Income Security Act of 1974 to
provide for joint trusteeship of single-employer pension plans; to
the Committee on Education and Labor.
By Mr. SANDERS (for himself and Mr. Owens), [28SE]
H.R. 5127--
A bill to amend title VII of the Civil Rights Act of 1964 to establish
that English-only rules cause an adverse and disparate effect on
certain employees and applicants for employment; to the Committee on
Education and Labor.
By Mr. UNDERWOOD, [28SE]
H.R. 5128--
A bill to strengthen the partnership between the Federal Government and
State, local, and tribal governments, to end the imposition, in the
absence of full consideration by the Congress, of Federal mandates
on State, local, and tribal governments without adequate funding in
a manner that may displace other essential governmental priorities,
to better assess both costs and benefits of Federal legislation and
regulations on State, local, and tribal governments, and for other
purposes; jointly, to the Committees on Government Operations;
Rules.
By Mr. CONYERS (for himself, Mr. Clinger, Mr. Towns, and Mr. Shays),
[29SE]
Cosponsors added, [4OC], [7OC]
H.R. 5129--
A bill to provide for a reduction in the number of members of the Armed
Forces of the United States stationed in Europe unless the European
member nations of NATO assume an increased share of the nonpersonnel
costs of U.S. military installations in those nations; jointly, to
the Committees on Armed Services; Foreign Affairs.
By Mr. BARCA of Wisconsin, [29SE]
Cosponsors added, [7OC]
H.R. 5130--
A bill to extend for 1 year the authorizations of appropriations for the
programs under the Elementary and Secondary Education Act of 1965
and for certain other purposes; to the Committee on Education and
Labor.
By Mr. GOODLING (for himself, Mr. Petri, Mrs. Roukema, Mr. Gunderson,
Mr. Armey, Mr. Fawell, Mr. Ballenger, Mr. Barrett of Nebraska, Mr.
Boehner, Mr. Cunningham, Mr. Hoekstra, Mr. McKeon, Mr. Miller of
Florida, and Mr. Castle), [29SE]
Cosponsors added, [4OC]
H.R. 5131--
A bill to amend the Housing and Community Development Act of 1974 to
prohibit the Secretary of Housing and Urban Development from
recapturing, adjusting, withdrawing, or reducing any UDAG funds from
recipients of UDAG grants, and for other purposes; to the Committee
on Banking, Finance and Urban Affairs.
By Mr. HINCHEY (for himself and Mr. Kanjorski), [29SE]
H.R. 5132--
A bill to establish a period during which individuals under 65 years of
age who are entitled to benefits under part A of the Medicare
Program on the basis of a disability or end state renal disease may
enroll under part B of the Medicare Program in order to meet
eligibility requirements for health benefits under the Civilian
Health and Medical Program of the Uniformed Services under title 10,
United States Code; jointly, to the Committees on Ways and Means;
Energy and Commerce.
By Mr. HUTCHINSON, [29SE]
H.R. 5133--
A bill to provide for expediting an investigation by the International
Trade Commission by providing for the monitoring of the importation
of certain kinds of tomatoes and peppers; to the Committee on Ways
and Means.
By Mr. POMBO (for himself and Mr. Thomas of California), [29SE]
H.R. 5134--
A bill to protect victims of crime; to the Committee on the Judiciary.
By Mr. SANTORUM (for himself, Ms. Pryce of Ohio, Mr. Canady, Mr.
Clinger, Mr. Weldon, Mr. Boehner, Mr. Armey, Mr. Ridge, Ms.
Molinari, Mr. Kyl, Mr. DeLay, Mr. Cunningham, Mr. Livingston, Mr.
Bachus of Alabama, Mr. Hunter, Mr. Torkildsen, Mr. Inglis of South
Carolina, Mr. Linder, Mr. Roth, Mr. McCollum, Ms. Dunn, Mr. Duncan,
and Mr. Knollenberg), [29SE]
[[Page 2652]]
Cosponsors added, [7OC]
H.R. 5135--
A bill to amend title I of the Employee Retirement Income Security Act
of 1974 and the Internal Revenue Code of 1986 to clarify provisions
governing fiduciary duties in relation to external benefits, social
investing, and economically targeted investments; jointly, to the
Committees on Education and Labor; Ways and Means.
By Mr. SAXTON, [29SE]
Cosponsors added, [6OC], [7OC]
H.R. 5136--
A bill entitled, ``The Offshore Supply Vessel Construction and
Development Act of 1994''; to the Committee on Merchant Marine and
Fisheries.
By Mr. TAUZIN, [29SE]
H.R. 5137--
A bill to amend the Internal Revenue Code of 1986 to restore and
increase the deduction for the health insurance costs of self-
employed individuals; to the Committee on Ways and Means.
By Mr. VOLKMER TI deg.A bill to amend the Internal Revenue
Code of 1986 to restore and increase the deduction for the health
insurance costs of self-employed individuals; to the Committee on
Ways and Means., [29SE]
H.R. 5138--
A bill for the relief of Saeed Ghasemimehr; to the Committee on the
Judiciary.
By Mr. RAMSTAD, [29SE]
H.R. 5139--
A bill to amend title 39, United States Code, to provide for procedures
under which persons involuntarily separated by the U.S. Postal
Service as a result of having been improperly arrested by the Postal
Inspection Service on narcotics charges may seek reemployment; to
the Committee on Post Office and Civil Service.
By Mr. CLAY, [30SE]
Considered, [4OC]
Rules suspended. Passed House, [5OC]
H.R. 5140--
A bill to provide for improved procedures for the enforcement of child
support obligations of members of the Armed Forces; to the Committee
on Armed Services.
By Mr. SKELTON (for himself, Mr. Dellums, Mr. Kyl, Mrs. Schroeder, Ms.
Harman, Mrs. Lloyd, Mrs. Fowler, Ms. Furse, Mr. Pickett, Mr.
Lancaster, Mr. Ravenel, Mr. Farr, Mr. Buyer, and Mr. Underwood),
[30SE]
Rules suspended. Passed House, [5OC]
H.R. 5141--
A bill to reauthorize the Ryan White CARE Act of 1990, and for other
purposes; to the Committee on Energy and Commerce.
By Mr. WAXMAN (for himself, Mr. Dingell, Mr. Greenwood, Mr. Studds,
Mr. Sharp, Mr. Markey, Mr. Swift, Mrs. Collins of Illinois, Mr.
Synar, Mr. Wyden, Mr. Richardson, Mr. Bryant, Mr. Manton, Mr. Towns,
Mr. Kreidler, Ms. DeLauro, Mr. Dixon, Mr. Frank of Massachusetts,
Mr. Gutierrez, Mr. Kleczka, Mrs. Maloney, Mr. Meehan, Mrs. Morella,
Mr. Nadler, Mr. Olver, Mr. Pastor, Ms. Pelosi, Mr. Rangel, Mr.
Serrano, and Ms. Velazquez), [30SE]
Cosponsors added, [3OC], [4OC], [5OC], [6OC], [7OC], [29NO]
H.R. 5142--
A bill to amend the Agricultural Trade Act of 1978 to establish a
condition on the provision of assistance under the export
enhancement program for the export of durum wheat; to the Committee
on Agriculture.
By Mr. ANDREWS of New Jersey, [30SE]
H.R. 5143--
A bill to amend the Fair Credit Reporting Act to provide for disclosures
by consumer reporting agencies to the Federal Bureau of
Investigation for counterintelligence purposes; to the Committee on
Banking, Finance and Urban Affairs.
By Mr. BEREUTER, [30SE]
Committee discharged. Passed House, [5OC]
H.R. 5144--
A bill to amend the Endangered Species Act of 1973 to provide that no
species may be determined to be an endangered species or threatened
species, and no critical habitat may be designated, until that act
is reauthorized; to the Committee on Merchant Marine and Fisheries.
By Mr. EDWARDS of Texas (for himself, Mr. Bonilla, Mr. Stenholm, Mr.
Fields of Texas, Mr. Pete Geren of Texas, Mr. Sam Johnson, Mr.
Sarpalius, Mr. Armey, Mr. Laughlin, Mr. Roberts, Mr. Frost, Mr.
Skeen, Mr. Tejeda, Mr. Young of Alaska, Mr. Brewster, Mr. Pombo, Mr.
Condit, Mr. Bliley, Mr. Herger, Mr. Callahan, Mr. Calvert, Mr.
Collins of Georgia, Mr. Dickey, Mr. Doolittle, Ms. Dunn, Mr.
Everett, Mr. Hunter, Mr. Hutchinson, Mr. Istook, Mr. Lewis of
Kentucky, Mr. Linder, Mr. Lucas, Ms. Molinari, Mr. Rogers, Mr.
Royce, Mr. Stump, and Mr. Huffington), [30SE]
H.R. 5145--
A bill to amend section 1977A of the Revised Statutes of the United
States to repeal the authority to award punitive damages for
violations of title VII of the Civil Rights Act of 1964 and the
Americans With Disabilities Act of 1990, for the purposes of
equalizing damages between the Congress and the private sector under
these laws; jointly, to the Committees on the Judiciary; Education
and Labor.
By Mr. GOODLING (for himself, Mr. Fawell, Mr. Ballenger, Mr. Boehner,
Mr. Hoekstra, and Mr. McKeon);, [30SE]
H.R. 5146--
A bill to amend the Occupational Safety and Health Act of 1970; to the
Committee on Education and Labor.
By Mr. HEFLEY, [30SE]
H.R. 5147--
A bill to amend title XIX of the Social Security Act to lower the
maximum Federal medical assistance percentage that may be applied
with respect to any State under the Medicaid Program and to increase
such percentage with respect to all States under such program; to
the Committee on Energy and Commerce.
By Mr. HINCHEY, [30SE]
H.R. 5148--
A bill to authorize certain elements of the Yakima River Basin Water
Enhancement Project, and for other purposes; to the Committee on
Natural Resources.
By Mr. INSLEE, [30SE]
Rules suspended. Passed House, [3OC]
H.R. 5149--
A bill to amend the Community Reinvestment Act of 1977 to enhance the
flow of investment capital for low- and moderate-income housing in
low- and moderate-income neighborhoods; to the Committee on Banking,
Finance and Urban Affairs.
By Mr. KLEIN, [30SE]
H.R. 5150--
A bill to amend the Federal Water Pollution Control Act concerning the
eligibility of officers and employers of State, county, and
municipal governments to serve as members of State boards that issue
permits for discharges into the navigable waters; to the Committee
on Public Works and Transportation.
By Mr. LEHMAN, [30SE]
H.R. 5151--
A bill to amend the Fair Labor Standards Act of 1938 to provide for an
exemption from the overtime provisions for professional employees of
contractors or subcontractors of the Resolution Trust Corporation
who are paid on a hourly basis; to the Committee on Education and
Labor.
By Mr. PASTOR, [30SE]
H.R. 5152--
A bill to require States to report certain information to the Federal
Bureau of Investigation for certain crimes; to the Committee on the
Judiciary.
By Mr. REED, [30SE]
H.R. 5153--
A bill to amend title VIII of the Social Security Act to provide for an
open enrollment period under part B of the Medicare Program for
individuals formerly covered as retirees under group health plans of
local educational agencies; jointly, to the Committees on Ways and
Means; Energy and Commerce.
By Mr. STARK, [30SE]
H.R. 5154--
A bill to amend the Agricultural Act of 1949 to temporarily suspend
operation of the precondition on the provision of extended price
support loans for corn under the farmer owned reserve program; to
the Committee on Agriculture.
By Mr. MINGE, [30SE]
H.R. 5155--
A bill to authorize the transfer of naval vessels to certain foreign
countries; to the Committee on Foreign Affairs.
By Mr. HAMILTON (for himself and Mr. Gilman), [3OC]
Rules suspended. Passed House, [5OC]
Passed Senate, [7OC]
Presented to the President (October 14, 1994)
Approved [Public Law 103-378] (signed October 19, 1994)
H.R. 5156--
A bill technical correction to the Food Stamp Act of 1977; to the
Committee on Agriculture.
By Mr. de la GARZA, [3OC]
Committee discharged. Passed House, [4OC]
H.R. 5157--
A bill to amend the Immigration and Nationality Act with respect to the
authority of the Attorney General to parole aliens into the United
States; to the Committee on the Judiciary.
By Mr. STUMP, [3OC]
H.R. 5158--
A bill to authorize the Secretary of the Army to convey certain excess
real property located at Fort Sam Houston, TX; jointly, to the
Committees on Armed Services; Veterans' Affairs.
By Mr. TEJEDA, [3OC]
H.R. 5159--
A bill to establish the Capital Budget Commission; to the Committee on
Government Operations.
By Mr. WISE (for himself, Mr. Abercrombie, Ms. Furse, Mr. Hinchey, Mr.
Hughes, Mr. Lancaster, Mr. Lipinski, Mrs. Mink of Hawaii, Mr.
Nadler, Mr. Pomeroy, Mr. Thorton, and Mr. Traficant), [3OC]
Cosponsors added, [4OC], [29NO]
H.R. 5160--
A bill for the relief of Oscar Salas-Velazquez; to the Committee on the
Judiciary.
By Mr. RAMSTAD, [3OC]
H.R. 5161--
A bill to amend the Omnibus Budget Reconciliation Act of 1993 to permit
the prompt sharing of timber sale receipts of the Forest Service and
the Bureau of Land Management; jointly, to the Committees on
Agriculture; Natural Resources.
By Mr. DICKS (for himself, Mr. DeFazio, Mrs. Unsoeld, Mr. Wyden, Mr.
Swift, Ms. Dunn, Ms. Furse, and Mr. Kopetski), [4OC]
Committees discharged. Passed House, [5OC]
Passed Senate, [8OC]
Presented to the President (October 24, 1994)
Approved [Public Law 103-443] (signed November 2, 1994)
H.R. 5162--
A bill to amend the Internal Revenue Code of 1986 to improve long-term
care access for elderly Americans; jointly, to the Committees on
Ways and Means; Banking, Finance and Urban Affairs; Government
Operations.
By Mr. DREIER, [4OC]
H.R. 5163--
A bill to amend the Trade Act of 1974 to apply fast track procedures to
an implementing bill submitted by the President to the 104th
Congress with respect to the Uruguay round trade agreements;
jointly, to the Committees on Ways and Means; Rules.
By Mr. DREIER, [4OC]
H.R. 5164--
A bill to provide for the enrollment of individuals enrolled in a health
benefits plan administered by the Office of the Comptroller of the
Currency or the Office of Thrift Supervision in the Federal
Employees Health Benefits Program; to the Committee on Post Office
and Civil Service.
By Ms. NORTON, [4OC]
Committee discharged. Passed House, [7OC]
H.R. 5165--
A bill to authorize the Export-Import Bank of the United States to
provide financing for the export of nonlethal defense articles and
defense services the primary end use of which will be for civilian
purposes; to the Committee on Banking, Finance and Urban Affairs.
By Mr. BEREUTER, [4OC]
H.R. 5166--
A bill to establish a comprehensive program for worker reemployment, to
facilitate the establishment of one-stop career systems to serve as
a common point of access to employment, education, and training
information and services, to establish a national labor market
information program, and for other purposes; to the Committee on
Education and Labor.
By Mr. FORD of Michigan (for himself and Mr. Williams), [4OC]
[[Page 2653]]
H.R. 5167--
A bill to amend chapter 84 of title 5, United States Code, to provide
that the basic annuity under the Federal Employees' Retirement
System for a Member of Congress be computed using the formula
generally applicable under such chapter for Federal employees;
jointly, to the Committees on Post Office and Civil Service; House
Administration.
By Mr. JOHNSON of South Dakota, [4OC]
H.R. 5168--
A bill to provide for the minting and circulation of $1 coins and the
establishment of the circulating coinage reserve fund as a successor
to the coinage profit fund, to provide that excess amounts in the
circulating coinage reserve fund may be made available to the
Community Development Financial Institutions Fund, and for other
purposes; to the Committee on Banking, Finance and Urban Affairs.
By Mr. LaFALCE, [4OC]
H.R. 5169--
A bill to amend the Internal Revenue Code of 1986 to provide that the
income tax imposed on estates and trusts shall be determined using
the rate table applicable to married individuals filing separate
returns; to the Committee on Ways and Means.
By Mr. McCRERY, [4OC]
H.R. 5170--
A bill to amend title 18, United States Code, to protect against code
grabbers; to the Committee on the Judiciary.
By Mr. PACKARD, [4OC]
H.R. 5171--
A bill to amend the Agricultural Trade Development and Assistance Act of
1954 to require nutrient fortification of agricultural commodities
provided for feeding programs; jointly, to the Committees on
Agriculture; Foreign Affairs.
By Mr. PENNY, [4OC]
H.R. 5172--
A bill to amend the Federal Meat Inspection Act and the Poultry Products
Inspection Act to establish a Safe Meat and Poultry Inspection Panel
within the U.S. Department of Agriculture; to the Committee on
Agriculture.
By Mr. ROBERTS (for himself, Mr. Gunderson, Mr. Smith of Oregon, Mr.
Allard, and Mr. Barrett of Nebraska), [4OC]
H.R. 5173--
A bill to amend the Public Health Service Act to establish within the
Office of the Director of the National Institutes of Health an
Office for Rare Disease Research; to the Committee on Energy and
Commerce.
By Mr. WYDEN, [4OC]
H.R. 5174--
A bill to prohibit former Members of the House of Representatives and
the Senate who have been convicted of a felony from lobbying in the
legislative or executive branch of the Federal Government; to the
Committee on the Judiciary.
By Mr. ZIMMER, [4OC]
H.R. 5175--
A bill concerning denial of passports to noncustodial parents subject to
State arrest warrants in cases of nonpayment of child support; to
the Committee on Foreign Affairs.
By Mr. ANDREWS of New Jersey, [4OC]
H.R. 5176--
A bill to amend the Federal Water Pollution Control Act relating to San
Diego ocean discharge and waste water reclamation; jointly, to the
Committees on Public Works and Transportation; Merchant Marine and
Fisheries.
By Mr. FILNER (for himself, Ms. Schenk, and Mr. Cunningham), [5OC]
Committees discharged. Passed House, [5OC]
Passed Senate, [8OC]
Presented to the President (October 21, 1994)
Approved [Public Law 103-431] (signed October 31, 1994)
H.R. 5177--
A bill to authorize the Secretary of State to deny passports to
noncustodial parents subject to State arrest warrants in cases of
nonpayment of child support; to the Committee on Foreign Affairs.
By Ms. SNOWE (for herself and Mr. Andrews of New Jersey), [5OC]
H.R. 5178--
A bill to amend the Fair Credit Reporting Act, and for other purposes;
to the Committee on Banking, Finance and Urban Affairs.
By Mr. GONZALEZ (for himself, Mr. Leach, Mr. Kennedy, Mr. McCandless,
and Mr. LaRocco), [5OC]
Committee discharged. Passed House, [5OC]
H.R. 5179--
A bill to amend title 5, United States Code, to strengthen child support
enforcement orders through the garnishment of amounts payable to
Federal employees, and for other purposes; jointly, to the
Committees on Post Office and Civil Service; Government Operations;
Foreign Affairs.
By Ms. NORTON, [5OC]
Committees discharged. Passed House, [7OC]
H.R. 5180--
A bill to reform the child support enforcement system in order to
maximize collections of child support payments on behalf of poor
children in the United States; jointly, to the Committees on Ways
and Means; the Judiciary; Banking, Finance and Urban Affairs.
By Mr. ANDREWS of New Jersey, [5OC]
H.R. 5181--
A bill to amend section 18 of the United States Housing Act of 1937 to
improve the program providing for demolition and disposition of
public housing; to the Committee on Banking, Finance and Urban
Affairs.
By Mr. BAKER of Louisiana, [5OC]
H.R. 5182--
A bill to adjust the designation of controlled airspace around the
Dallas/Fort Worth Airport, TX, and for other purposes; to the
Committee on Public Works and Transportation.
By Mr. BARTON of Texas, [5OC]
H.R. 5183--
A bill to enable producers and feeders of sheep and importers of sheep
and sheep products to develop, finance, and carry out a nationally
coordinated program for sheep and sheep product promotion, research,
and information, and for other purposes; to the Committee on
Agriculture.
By Mr. de la GARZA (for himself, Mr. Roberts, Mr. Stenholm, Mr.
Gunderson, Mr. Rose, Mr. Smith of Oregon, Mr. Inslee, Mr. Combest,
Mr. Allard, Mr. Skeen, Mr. Thomas of Wyoming, Mr. Bonilla, Mr.
McInnis, Mr. Crapo, Mr. Barlow, Mr. Holden, Mr. Penny, Mrs.
Vucanovich, Mr. Volkmer, Mr. Williams, Mr. Smith of Texas, Mr.
Edwards of Texas, and Mr. Johnson of South Dakota), [5OC]
H.R. 5184--
A bill to enable the Secretary of Agriculture to adjust the base period
of milk production when calculating refunds of assessments made in
calendar year 1994 under section 204(h) of the Agricultural Act of
1949 on milk producers affected by floods and excessive moisture
during calendar year 1993; to the Committee on Agriculture.
By Mr. GUNDERSON (for himself and Mr. Roberts), [5OC]
H.R. 5185--
A bill to amend the National Historic Preservation Act to prohibit the
inclusion of certain sites on the National Register of Historic
Places, and for other purposes; to the Committee on Natural
Resources.
By Mr. HERGER, [5OC]
Cosponsors added, [6OC]
H.R. 5186--
A bill to amend title 18, United States Code, with respect to the Bureau
of Prisons; jointly, to the Committees on the Judiciary; Government
Operations.
By Mr. HUGHES (by request), [5OC]
H.R. 5187--
A bill to amend section 7(m) of the Fair Labor Standards Act of 1938 to
eliminate the partial overtime exemption for employees that perform
services necessary and incidental to the sale and processing of
green and cigar leaf tobacco; to the Committee on Education and
Labor.
By Mr. KILDEE, [5OC]
H.R. 5188--
A bill to authorize the export of medical devices to countries which
have approved such devices; to the Committee on Energy and Commerce.
By Mr. KIM, [5OC]
H.R. 5189--
A bill to amend title 28, United States Code, to provide that a
reasonable attorney's fee shall be awarded as a part of the cost to
prevailing defendants in Federal civil actions; to the Committee on
the Judiciary.
By Mr. LIVINGSTON, [5OC]
H.R. 5190--
A bill to direct the Secretary of the Interior to convey to the State of
Minnesota the New London National Fish Hatchery production facility;
to the Committee on Merchant Marine and Fisheries.
By Mr. MINGE, [5OC]
H.R. 5191--
A bill to amend the charter of the Veterans of Foreign Wars; to the
Committee on the Judiciary.
By Mr. MONTGOMERY, [5OC]
H.R. 5192--
A bill to require the Secretary of the Treasury to mint coins in
commemoration of black Revolutionary War patriots; to the Committee
on Banking, Finance and Urban Affairs.
By Mr. PAYNE of New Jersey (for himself, Mr. Rush, Mr. Evans, Mrs.
Johnson of Connecticut, Mr. Wolf, Mr. Mfume, Mr. Bonior, and Mr.
Machtley), [5OC]
H.R. 5193--
A bill to amend the Internal Revenue Code of 1986 to reform the earned
income tax credit; to the Committee on Ways and Means.
By Mr. PETRI, [5OC]
H.R. 5194--
A bill to amend title 13, United States Code, to require the Bureau of
the Census to measure the status of women, and for other purposes;
to the Committee on Post Office and Civil Service.
By Mrs. SCHROEDER (for herself and Mrs. Morella), [5OC]
H.R. 5195--
A bill to require the Federal Trade Commission to issue a trade
regulation rule which requires the release of prescriptions for
contact lenses; to the Committee on Energy and Commerce.
By Mr. STARK, [5OC]
Cosponsors added, [7OC]
H.R. 5196--
A bill to suspend temporarily the duty on C.I. Pigment Yellow 139; to
the Committee on Ways and Means.
By Mr. TAUZIN, [5OC]
H.R. 5197--
A bill to suspend temporarily the duty on nickel isoindoline pigment; to
the Committee on Ways and Means.
By Mr. TAUZIN, [5OC]
H.R. 5198--
A bill to authorize the Secretary of Agriculture to convey certain lands
in the Sam Houston National Forest in the State of Texas to the
current occupant of the lands, the Gulf Coast Trades Center; to the
Committee on Natural Resources.
By Mr. WILSON, [5OC]
H.R. 5199--
A bill to amend the National Institute of Standards and Technology Act
to provide for the establishment and management of voluntary
encryption standards to protect the privacy and security of
electronic information, and for other purposes; to the Committee on
Science, Space, and Technology.
By Mr. BROWN of California, [6OC]
H.R. 5200--
A bill to resolve the 107th merdian boundary dispute between the Crow
Indian Tribe and the United States; to the Committee on Natural
Resources.
By Mr. WILLIAMS, [6OC]
Committee discharged. Passed House, [7OC]
Passed Senate, [7OC]
Presented to the President (October 25, 1994)
Approved [Public Law 103-444] (signed November 2, 1994)
H.R. 5201--
A bill to amend the Internal Revenue Code of 1986 to provide for
nonrecognition of gain on the sale of eligible small business stock
if the proceeds of the sale are reinvested in other eligible small
business stock; to the Committee on Ways and Means.
By Mr. WYDEN, [6OC]
H.R. 5202--
A bill to amend the Internal Revenue Code of 1986 to index the basis of
certain capital assets for purposes of determining gain or loss; to
the Committee on Ways and Means.
By Mr. WYDEN, [6OC]
H.R. 5203--
A bill to improve small business export assistance; to the Committee on
Foreign Affairs.
By Mr. WYDEN, [6OC]
H.R. 5204--
A bill to amend the Internal Revenue Code of 1986 to provide incentives
for awards to an employee under a performance-based reward plan and
to direct the Administrator of the Small Business Administration to
establish a program to
[[Page 2654]]
promote implementation of performance-based reward plans and
employee decisionmaking participation programs, and for other
purposes; jointly, to the Committees on Ways and Means; Education
and Labor; Small Business.
By Mr. WYDEN, [6OC]
H.R. 5205--
A bill to provide Federal assistance for compliance with federally-
mandated motor vehicle inspection and maintenance requirements and
employee trip reduction requirements in effect under the Clean Air
Act; to the Committee on Energy and Commerce.
By Ms. MARGOLIES-MEZVINSKY, [6OC]
H.R. 5206--
A bill to authorize the reliquidation of certain entries; to the
Committee on Ways and Means.
By Mr. BACCHUS of Florida (for himself and Mr. Shaw), [6OC]
H.R. 5207--
A bill to amend the Internal Revenue Code of 1986 to allow the one-time
exclusion on gain from sale of a principal residence to be taken
before age 55 if the taxpayer or a family member suffers a
catastrophic illness; to the Committee on Ways and Means.
By Mr. BAKER of California, [6OC]
H.R. 5208--
A bill to establish limits on wage continuation and severance benefits
for Amtrak employees displaced by a discontinuance of service, and
for other purposes; to the Committee on Energy and Commerce.
By Mr. BARTON of Texas (for himself, Mr. Brewster, Mr. Sam Johnson,
Mr. Boehner, Mr. DeLay, Mr. Hefley, and Mr. Cunningham), [6OC]
H.R. 5209--
A bill to establish a wholly owned Government corporation for the
operation of the air traffic control system, and for other purposes;
to the Committee on Public Works and Transportation.
By Mr. BARTON of Texas, [6OC]
H.R. 5210--
A bill to direct the Secretary of Transportation to carry out a
demonstration project to establish a highway corridor from
Chihuahua, Mexico, through El Paso, TX to Denver, CO; to the
Committee on Public Works and Transportation.
By Mr. COLEMAN (for himself, Mrs. Schroeder, Mr. Richardson, and Mr.
Schiff), [6OC]
H.R. 5211--
A bill to amend the Clean Air Act to repeal certain emissions standards
for motor vehicles which have not yet taken effect; to the Committee
on Energy and Commerce.
By Mr. DELAY, [6OC]
H.R. 5212--
A bill to amend the Clean Air Act to allow emission reductions caused by
fleet turnover to be credited to the emission reduction requirements
of the act; to the Committee on Energy and Commerce.
By Mr. DELAY, [6OC]
H.R. 5213--
A bill to amend the Clean Air Act to prohibit the Federal Government
from requiring State plans to mandate trip reduction measures; to
the Committee on Energy and Commerce.
By Mr. DELAY, [6OC]
H.R. 5214--
A bill to repeal provisions of the Clean Air Act dealing with toxic air
emissions; to the Committee on Energy and Commerce.
By Mr. DELAY, [6OC]
H.R. 5215--
A bill to repeal provisions of the Clean Air Act dealing with acid rain;
to the Committee on Energy and Commerce.
By Mr. DELAY, [6OC]
H.R. 5216--
A bill to repeal provisions of the Clean Air Act dealing with
stratospheric ozone protection; to the Committee on Energy and
Commerce.
By Mr. DELAY, [6OC]
H.R. 5217--
A bill to repeal the Clean Air Act Amendments of 1990 (Public Law 101-
549); to the Committee on Energy and Commerce.
By Mr. DELAY, [6OC]
H.R. 5218--
A bill to promote the fulfillment of basic unmet needs and to protect
certain basic economic rights of the people of the United States,
and for other purposes; jointly, to the Committees on Education and
Labor; Foreign Affairs; Banking, Finance and Urban Affairs;
Government Operations; Armed Services; Ways and Means.
By Mr. DELLUMS (for himself, Mr. Hinchey, Mr. Evans, Mr. Rangel, Mr.
Owens, Mr. Lewis of Georgia, Mr. Conyers, Ms. Norton, Ms. Velazquez,
Mr. Towns, Mr. Nadler, and Mr. Bonior), [6OC]
H.R. 5219--
A bill to amend the Food Stamp Act of 1977 to permit participating
households to use food stamp benefits to purchase nutritional
supplements of vitamins, minerals, or vitamins and minerals; to the
Committee on Agriculture.
By Mr. EMERSON, [6OC]
Cosponsors added, [7OC]
H.R. 5220--
A bill to provide for the acceptance by the Secretary of Education of
applications submitted by the local educational agency serving the
Window Rock Unified School District, Window Rock, AZ, under section
3 of the act of September 30, 1950 (Public Law 874, 81st Congress)
for fiscal years 1994 and 1995; to the Committee on Education and
Labor.
By Ms. ENGLISH of Arizona (for herself and Mr. Coppersmith), [6OC]
Committee discharged. Passed House, [7OC]
Passed Senate, [8OC]
Presented to the President (October 24, 1994)
Approved [Public Law 103-445] (signed November 2, 1994)
H.R. 5221--
A bill to amend the Panama Canal Act of 1979 to reconstitute the Panama
Canal Commission as a U.S. Government corporation, and for other
purposes; to the Committee on Merchant Marine and Fisheries.
By Mr. FIELDS of Texas (by request), [6OC]
H.R. 5222--
A bill to provide for nonanimal acute toxicity testing by the Federal
Government; to the Committee on Energy and Commerce.
By Mr. LANTOS (for himself, Mr. Ackerman, Mr. Beilenson, Mr. Brown of
California, Mr. DeFazio, Mr. Dellums, Mr. Gejdenson, Mr. Hamburg,
Mr. Hochbrueckner, Mr. Johnson of South Dakota, Mr. Johnston of
Florida, Mr. Kleczka, Mr. Manton, Mr. Mineta, Mr. Moran, Mr. Neal of
Massachusetts, Mr. Ravenel, Ms. Roybal-Allard, Mr. Shays, Mr. Swett,
Mr. Swift, and Mr. Towns), [6OC]
Cosponsors added, [7OC]
H.R. 5223--
A bill to provide that a spouse, former spouse, surviving spouse, or
surviving former spouse may qualify for retirement, survivor, and
health benefits under the Foreign Service Act if the Foreign Service
participant is disqualified for such benefits for reasons of
misconduct or disloyalty to the United States; jointly, to the
Committees on Foreign Affairs; Post Office and Civil Service.
By Mrs. MALONEY, [6OC]
H.R. 5224--
A bill to direct the Secretary of Transportation to carry out a project
for the implementation of a comprehensive transportation improvement
program in Kulpsville, PA; to the Committee on Public Works and
Transportation.
By Ms. MARGOLIES-MEZVINSKY, [6OC]
H.R. 5225--
A bill to strengthen child support enforcement; jointly, to the
Committees on Ways and Means; Education and Labor; Banking, Finance
and Urban Affairs.
By Mr. MENENDEZ, [6OC]
H.R. 5226--
A bill to amend title I of the Employee Retirement Income Security Act
of 1974 to improve enforcement of such title by adding certain
provisions with respect to the auditing of employee benefit plans,
and for other purposes; to the Committee on Education and Labor.
By Mrs. MINK of Hawaii, [6OC]
H.R. 5227--
A bill to provide for a system of guaranteeing the deposits and certain
other liabilities of depository institutions through a self-
regulating system of cross guarantees, to protect taxpayers against
deposit insurance losses, and for other purposes; jointly, to the
Committees on Banking, Finance and Urban Affairs; the Judiciary.
By Mr. PETRI (for himself, Mr. Cox, Mr. Armey, and Mr. Levy), [6OC]
H.R. 5228--
A bill to reform the health insurance market, to promote the
availability and continuity of health coverage, to remove financial
barriers to access, to reform the Medicaid Program, to enhance
health care quality, to contain costs through market incentives and
administrative reforms, to provide incentives to purchase long-term
care insurance, and for other purposes; jointly, to the Committees
on Energy and Commerce; Ways and Means; Education and Labor; the
Judiciary; Veterans' Affairs.
By Mr. ROWLAND (for himself, Mr. Cooper, Mr. Bilirakis, Mr. Grandy,
Mr. McCurdy, Mr. Goss, Mr. Parker, Mr. Hastert, Mr. Stenholm, and
Mr. Thomas of California), [6OC]
Cosponsors added, [7OC]
H.R. 5229--
A bill to amend the Panama Canal Act of 1979 to reconstitute the Panama
Canal Commission as a U.S. Government corporation, and for other
purposes; to the Committee on Merchant Marine and Fisheries.
By Mr. TAUZIN (for himself and Mr. Fields of Texas) (both by request),
[6OC]
H.R. 5230--
A bill to require a revision of criteria, policies, and practices
regarding the provision of housing to National Park Service
employees; to the Committee on Natural Resources.
By Mr. VENTO, [6OC]
H.R. 5231--
A bill to provide for the management of portions of the Presidio under
the jurisdiction of the Secretary of the Interior; to the Committee
on Natural Resources.
By Ms. PELOSI, [6OC]
Passed House, [7OC]
H.R. 5232--
A bill to ensure that only persons eligible to receive a firearm may
purchase and possess firearms, and to prevent felons and persons
adjudicated mentally incompetent from obtaining firearms from
firearms dealers by providing for a system for identifying persons
prohibited from possessing firearms through a magnetic strip affixed
to driver's licenses and other identification documents; to the
Committee on the Judiciary.
By Mr. McMILLAN, [6OC]
H.R. 5233--
A bill to amend title VII of the Civil Rights Act of 1964 with respect
to religious accommodation in employment; to the Committee on
Education and Labor.
By Mr. NADLER (for himself, Mr. Schumer, Mr. Saxton, Mr. Lipinski,
Mrs. Maloney, Mr. Engel, Mr. Hastings, Mr. Cardin, and Mr. Owens),
[6OC]
H.R. 5234--
A bill to amend the Agricultural, Trade, Development, and Assistance Act
of 1954 to authorize the use of agricultural commodities in promote
market development; jointly, to the Committees on Agriculture;
Foreign Affairs.
By Mr. PENNY, [6OC]
H.R. 5235--
A bill to provide a minimum for payments with respect to counties in the
State of Texas from receipts from national forests; to the Committee
on Agriculture.
By Mr. WILSON, [6OC]
H.R. 5236--
A bill to provide for the establishment and management of the Opal Creek
Forest Preserve in the State of Oregon; jointly, to the Committees
on Natural Resources; Agriculture.
By Mr. KOPETSKI, [6OC]
H.R. 5237--
A bill to amend title 31, United States Code, to close appropriation
accounts available for an indefinite period; to the Committee on
Government Operations.
By Mr. SANTORUM, [6OC]
H.R. 5238--
A bill to authorize the vessel R/V Ross Seal to be documented under the
laws of a foreign country during a 3-year period; to the Committee
on Merchant Marine and Fisheries.
By Mr. BROOKS, [6OC]
Objection is heard to consideration, [7OC]
H.R. 5239--
A bill to amend the fishing endorsement issued to a vessel owned by
Ronnie C. Fisheries, Inc.; to the Committee on Merchant Marine and
Fisheries.
By Mr. KOPETSKI, [6OC]
[[Page 2655]]
H.R. 5240--
A bill for the relief of Jose J. Aceves; to the Committee on the
Judiciary.
By Mr. TORRES, [6OC]
H.R. 5241--
A bill to amend section 9147 of Public Law 102-396; jointly, to the
Committees on Armed Services; the Judiciary.
By Mrs. UNSOELD, [7OC]
H.R. 5242--
A bill to amend teh act commonly referred to as the ``Johnson Act'' to
limit the authority of States to regulate gambling devices on
vessels; to the Committee on Merchant Marine and Fisheries.
By Ms. SCHENK, [7OC]
H.R. 5243--
A bill to amend the Public Works and Economic Development Act of 1965 to
reauthorize economic development programs, and for other purposes;
jointly, to the Committees on Public Works and Transportation;
Banking, Finance and Urban Affairs.
By Mr. WISE (for himself, Mr. Kanjorski, Mr. Mineta, Mr. Gonzalez, Mr.
Shuster, Ms. Molinari, and Mr. Ridge), [7OC]
Committees discharged. Passed House, [7OC]
H.R. 5244--
A bill to amend title 38, United States Code, to revise and improve
veterans' benefits programs, and for other purposes; to the
Committee on Veterans' Affairs.
By Mr. MONTGOMERY (for himself and Mr. Stump), [7OC]
Committee discharged. Passed House amended, [7OC]
Passed Senate, [8OC]
Presented to the President (October 21, 1994)
Approved [Public Law 103-446] (signed November 2, 1994)
H.R. 5245--
A bill to provide for the extension of certain programs relating to
housing and community development, and for other purposes; to the
Committee on Banking, Finance and Urban Affairs.
By Mr. GONZALEZ, [7OC]
Committee discharged. Passed House amended, [7OC]
H.R. 5246--
A bill to amend the Foreign Assistance Act of 1961 to make certain
corrections relating to international narcotics control activities,
and for other purposes; to the Committee on Foreign Affairs.
By Mr. GEJDENSON (for himself and Mr. Gilman), [7OC]
Committee discharged. Passed House, [7OC]
Passed Senate, [8OC]
Presented to the President (October 21, 1994)
Approved [Public Law 103-447] (signed November 2, 1994)
H.R. 5247--
A bill to provide for extensions and modifications of certain hydro and
renewable energy programs; to the Committee on Energy and Commerce.
By Mr. SHARP (for himself and Mr. Moorhead), [7OC]
H.R. 5248--
A bill to require States to consider adopting mandatory, comprehensive,
statewide one-call notification systems to protect natural gas and
hazardous liquid pipelines and all other underground facilities from
being damaged by any excavations, and for other purposes; jointly,
to the Committees on Energy and Commerce; Public Works and
Transportation.
By Mr. SHARP, [7OC]
Committees discharged. Passed House, [7OC]
H.R. 5249--
A bill to amend the Internal Revenue Code of 1986 to provide a credit
against income tax to individuals who rehabilitate historic homes or
who are the first purchasers of rehabilitated historic homes for use
as a principal residence; to the Committee on Ways and Means.
By Mr. ANDREWS of Texas (for himself, Mrs. Kennelly, and Mr. Shaw),
[7OC]
H.R. 5250--
A bill to amend the Solid Waste Disposal Act to provide congressional
authorization of State control over transportation of municipal
solid waste, and for other purposes; to the Committee on Energy and
Commerce.
By Mr. DINGELL, [7OC]
H.R. 5251--
A bill to amend the Federal Home Loan Bank Act to require the Resolution
Trust Corporation to use competitive procedures in procuring
property and services necessary or appropriate to carry out its
duties; to the Committee on Banking, Finance and Urban Affairs.
By Mr. BACHUS of Alabama, [7OC]
H.R. 5252--
A bill to amend the Social Security Act and related acts to make
miscellaneous and technical amendments, and for other purposes;
jointly, to the Committees on Ways and Means; Energy and Commerce.
By Mr. STARK, [7OC]
Committee discharged. Passed House, [7OC]
Passed Senate, [8OC]
Presented to the President (October 21, 1994)
Approved [Public Law 103-432] (signed October 31, 1994)
H.R. 5253--
A bill to establish standards relating to the calculation and payment of
damages in medical malpractice liability claims and actions, to
restrict attorneys' contingency fees under such claims and actions,
and for other purposes; to the Committee on the Judiciary.
By. Mr. BALLENGER, [7OC]
H.R. 5254--
A bill to establish the position of United States Special Envoy for
Tibet, and for other purposes; to the Committee on Foreign Affairs.
By Mr. BERMAN (for himself, Mr. Gilman, Mr. Rose, Mr. Porter, Mr.
Lantos, Mrs. Unsoeld, Mr. Lewis of Georgia, Mr. Abercrombie, and Ms.
Pelosi), [7OC]
H.R. 5255--
A bill to require the Secretary of the Treasury to mint coins in
commemoration of the sesquicentennial of the birth of Thomas Alva
Edison; to the Committee on Banking, Finance and Urban Affairs.
By Mr. BONIOR (for himself, Mr. Brooks, Mr. Dingell, Mr. Pallone, Mr.
Gillmor, Mr. Payne of New Jersey, and Mr. Goss), [7OC]
H.R. 5256--
A bill to guarantee the ability of licensed pharmacists to conduct the
practice of pharmacy compounding and to ensure their right to the
necessary supply of bulk drug products, subject to applicable State
and Federal laws; to the Committee on Energy and Commerce.
By Mr. BREWSTER (for himself and Mr. DeLay), [7OC]
H.R. 5257--
A bill to authorize a study regarding the incidence of breast and
prostate cancer, and for other purposes; to the Committee on Energy
and Commerce.
By Mr. BROWN of Ohio, [7OC]
H.R. 5258--
A bill to improve Federal enforcement against health care fraud and
abuse; to the Committee on Government Operations.
By Mr. CONYERS, [7OC]
H.R. 5259--
A bill to amend the Internal Revenue Code of 1986 to exclude long-term
capital gains from gross income; to the Committee on Ways and Means.
By Mr. DREIER, [7OC]
H.R. 5260--
A bill to provide for the protection of wild horses within the Ozark
National Scenic Riverways and prohibit the removal of such horses;
jointly, to the Committees on Merchant Marine and Fisheries; Natural
Resources.
By Mr. EMERSON (for himself, Mr. Skelton, and Mr. Hancock), [7OC]
H.R. 5261--
A bill to require the Secretary of State to establish a set of voluntary
guidelines to promote socially responsible business practices for
U.S. businesses operating in foreign countries; to the Committee on
Foreign Affairs.
By Mr. EVANS (for himself, Ms. Kaptur, Mr. Brown of California, Mr.
Conyers, and Mr. DeFazio), [7OC]
H.R. 5262--
A bill to amend the Indian Gaming Regulatory Act to provide for
community approval before Indian class III gaming operations may
take effect; to the Committee on Natural Resources.
By Mr. EVERETT (for himself and Mr. Browder), [7OC]
H.R. 5263--
A bill to amend the District of Columbia Self-Government and
Governmental Reorganization Act to prohibit any individual convicted
of a crime subject to a term of imprisonment of 6 months or longer
from serving as a member of the Council of the District of Columbia
or as the Mayor of the District of Columbia; to the Committee on the
District of Columbia.
By Mr. FRANKS of Connecticut, [7OC]
H.R. 5264--
A bill to prohibit use of education funds to make condoms available in
an elementary school; to the Committee on Education and Labor.
By Mr. FRANKS of Connecticut, [7OC]
H.R. 5265--
A bill to amend the National Voter Registration Act of 1993 to increase
the number of college students who register and vote; to the
Committee on House Administration.
By Mr. GUTIERREZ, [7OC]
H.R. 5266--
A bill to amend the Occupational Safety and Health Act of 1970 to assist
small business in compliance with such Act; to the Committee on
Education and Labor.
By Mr. HAYES (for himself, Mr. Dixon, Mr. Stenholm, Mr. Sundquist, and
Mr. Tauzin), [7OC]
H.R. 5267--
A bill to amend the Food, Agriculture, Conservation, and Trade Act of
1990 to require the Secretary of Agriculture to develop programs to
encourage source-separated composting at homes, schools, and
workplaces, and on farms; to the Committee on Agriculture.
By Mr. HOCHBRUECKNER, [7OC]
H.R. 5268--
A bill to authorize the exchange of National Park Service land in the
Fire Island National Seashore in the State of New York for land in
the Village of Patchogue, Suffolk County, NY; to the Committee on
Natural Resources.
By Mr. HOCHBRUECKNER, [7OC]
H.R. 5269--
A bill to encourage liberalization inside the People's Republic of China
and Tibet; to the Committee on Foreign Affairs.
By Mr. LANTOS (for himself, Mrs. Unsoeld, and Ms. Pelosi), [7OC]
H.R. 5270--
A bill entitled, the ``Farm Viability and Pest Management Improvement
Act of 1994--A National Program for Pesticide Reduction; to the
Committee on Agriculture
By Ms. McKINNEY (for herself, Mr. Brown of California, Mr. Dellums,
Mr. Farr, Mr. Frank of Massachusetts, Mr. Hinchey,, Mr. Johnson of
Georgia, Mr. Lewis of Georgia, Mr. Nadler, Mr. Rose and Ms.
Shepherd), [7OC]
H.R. 5271--
A bill to amend the Small Business Act to make modifications to the
small business and capital ownership development program, and for
other purposes; to the Committee on Small Business.
By Mr. MFUME (for himself, Mr. Conyers, Mr. Flake, Ms. Roybal-Allard,
Ms. Velazquez, and Mr. Tucker), [7OC]
H.R. 5272--
A bill to improve accountability regarding official mail by repealing
the use of the frank for official mail, and for other purposes;
jointly, to the Committees on Post Office and Civil Service; House
Administration.
By Mr. MINGE, [7OC]
H.R. 5273--
A bill to authorize the Secretary of Agriculture to establish and
collect recreation use fees on a temporary basis in connection with
the recreational use of the Superior National Forest in the State of
Minnesota; to the Committee on Natural Resources.
By Mr. OBERSTAR, [7OC]
H.R. 5274--
A bill to improve the safety and convenience of air travel by
establishing the Federal Aviation Administration as an independent
Federal agency; to the Committee on Public Works and Transportation.
By Mr. OBERSTAR, [7OC]
H.R. 5275--
A bill to establish a Federal Housing Trust Fund to provide decent,
safe, and affordable housing for low-income families lacking such
housing; jointly, to the Committees on Ways and Means; Banking,
Finance and Urban Affairs.
By Mr. OWENS, [7OC]
H.R. 5276--
A bill to provide for the relief of hospitals treating rural populations
under the current calculation
[[Page 2656]]
of the wage index modifier for the prospective payment under
Medicare; to the Committee on Ways and Means.
By Mr. REGULA, [7OC]
H.R. 5277--
A bill to address the need for private financing of home ownership and
economic development on and near reservation lands, and for other
purposes; to the Committee on Banking, Finance and Urban Affairs.
By Mr. RICHARDSON (for himself an Ms. Furse) (both by request), [7OC]
H.R. 5278--
A bill to provide for the creation of jobs in America, and for other
purposes; jointly, to the Committees on Public Works and
Transportation; Energy and Commerce; Armed Services; Appropriations;
Banking, Finance and Urban Affairs; Education and Labor; Natural
Resources; Ways and Means.
By Mr. SANDERS (for himself, Ms. Velazquez, Mr. Hinchey, Mr. Owens,
Mr. Bonior, and Mr. Brown of California), [7OC]
Cosponsors added, [29NO]
H.R. 5279--
A bill to promote a new urban agenda, and for other purposes; jointly,
to the Committees on Government Operations; Foreign Affairs; Public
Works and Transportation; Armed Services; Ways and Means; Rules;
Banking, Finance and Urban Affairs; Energy and Commerce.
By Mr. SHAYS (for himself, Mr. Borski, Ms. Molinari, Mr. Ridge, and
Mr. Santorum), [7OC]
H.R. 5280--
A bill to amend the Internal Revenue Code of 1986 to allow a deduction
for State and local general sales taxes and to compensate for the
resulting revenue loss by providing that only 89 percent of the
amount of all State and local taxes shall be allowed as a deduction;
to the Committee on Ways and Means.
By Mr. SMITH of Michigan (for himself and Mr. Knollenberg), [7OC]
H.R. 5281--
A bill to amend the Internal Revenue Code of 1986 to provide a tax
credit to all families with young children, and for other purposes;
to the Committee on Ways and Means.
By Mr. SMITH of Michigan (for himself, Mr. McCollum, Mr. Petri, and
Mr. Solomon), [7OC]
H.R. 5282--
A bill to provide a mechanism for dedicating spending cuts in
discretionary spending programs to deficit reduction; jointly, to
the Committees on Government Operations; Rules.
By Mr. SPRATT, [7OC]
H.R. 5283--
A bill to request the Secretary of the Navy to name an appropriate ship
of the U.S. Navy the U.S.S. Joseph Vittori; to the Committee on
Armed Services.
By Mr. TORKILDSEN (for himself, Mr. Spence, Mr. Cunningham, Mr.
Saxton, Mr. Talent, Mr. Dornan, Mr. McCLoskey, Mr. Parker, Mr.
Emerson, Mr. McCollum, Mr. McHugh, and Mr. Lipinski), [7OC]
H.R. 5284--
A bill to provide compensation for victims from persons who unlawfully
provide firearms to juveniles, felons, and other disqualified
individuals; to the Committee on the Judiciary.
By Mr. TORRICELLI, [7OC]
H.R. 5285--
A bill to close loopholes in the firearms laws which allow the
unregulated manufacture, assembly, shipment, or transportation of
firearms or firearms parts, and for other purposes; to the Committee
on the Judiciary.
By Mr. TORRICELLI, [7OC]
H.R. 5286--
A bill to amend the Internal Revenue Code of 1986 to provide that the
burden of proof shall be on the Secretary of the Treasury in all tax
cases, and for other purposes; to the Committee on Ways and Means.
By Mr. TRAFICANT, [7OC]
H.R. 5287--
A bill relating to the tariff treatment of pharmaceutical grade
phospholipids; to the Committee on Ways and Means.
By Mr. VALENTINE, [7OC]
H.R. 5288--
A bill to amend the Solid Waste Disposal Act to prohibit a certain
requirement from applying to out-of-State municipal solid waste
generated and disposed of within the same bi-State level A
metropolitan statistical area; to the Committee on Energy and
Commerce.
By Mr. WHEAT, [7OC]
H.R. 5289--
A bill for the relief of John T. Monk; to the Committee on the
Judiciary.
By Mr. MONTGOMERY (by request), [7OC]
H.R. 5290--
A bill for the relief of Wade Bomar, and for other purposes; to the
Committee on the Judiciary.
By Mr. WILLIAMS, [7OC]
H.R. 5291--
A bill to establish the Commission on the Review of National Policies
Toward Gambling; jointly, to the Committees on the Judiciary;
Natural Resources; Ways and Means.
By Mr. LaFALCE, [29NO]
H.R. 5292--
A bill to amend the Defense Base Closure and Realignment Act of 1990 to
extend the deadline for the submission of nominations for the
Defense Base Closure and Realignment Commission; to the Committee on
Armed Services.
By Mr. DELLUMS, [29NO]
Committee discharged. Passed House, [29NO]
H.R. 5293--
A bill requiring that travel awards that accrue by reason of official
travel of a Member, officer, or employee of the House of
Representatives be used only with respect to official travel; to the
Committee on House Administration.
By Mr. BARRETT of Wisconsin, [29NO]
H.R. 5294--
A bill to prohibit the provision of financial assistance from the
Federal Government to any person who is more than 60 days delinquent
in the payment of any child support obligation; to the Committee on
Government Operations.
By Mr. BILIRAKIS, [29NO]
H.R. 5295--
A bill to provide for the withholding of contributions to certain
organizations that assist Iraq, Iran, Libya, and Cuba; to the
Committee on Banking, Finance and Urban Affairs.
By Mr. DIAZ-BALART, [29NO]
H.R. 5296--
A bill to oppose Cuba's admission as a member of international financial
institutions; to the Committee on Banking, Finance and Urban
Affairs.
By Mr. DIAZ-BALART, [29NO]
H.R. 5297--
A bill to deny visas to aliens involved with the foreign expropriation
of property of United States persons; to the Committee on the
Judiciary.
By Mr. DIAZ-BALART, [29NO]
H.R. 5298--
A bill to prohibit the importation into the United States of sugar from
countries that import sugar from Cuba; to the Committee on Ways and
Means.
By Mr. DIAZ-BALART, [29NO]
H.R. 5299--
A bill to amend the Internal Revenue Code of 1986 to phase out the tax
subsidies for alcohol fuels involving alcohol produced from
feedstocks eligible to receive Federal agricultural subsidies; to
the Committee on Ways and Means.
By Mr. FRANKS of New Jersey (for himself, Mr. Frank of Massachusetts,
Mr. Zimmer, Mr. Torricelli, Mr. Payne of New Jersey, Mr. Saxton, and
Mr. Pallone), [29NO]
H.R. 5300--
A bill to improve access to health insurance and contain health care
costs, and for other purposes; jointly, to the Committees on Energy
and Commerce; Ways and Means; Education and Labor; the Judiciary.
By Mr. MICHEL, [29NO]
H.R. 5301--
A bill to amend the Internal Revenue Code of 1986 to deny the earned
income credit to illegal aliens and to prevent fraudulent claims for
the earned income credit; to the Committee on Ways and Means.
By Mr. HAYES, [29NO]
H.R. 5302--
A bill to promote portability of health insurance by limiting
discrimination in health coverage based on health status or past
claims experience; jointly, to the Committees on Energy and
Commerce; Education and Labor.
By Mr. HAYES, [29NO]
H.R. 5303--
A bill to make technical corrections in the Satellite Home Viewer Act of
1994; to the Committee on the Judiciary.
By Mr. HUGHES, [29NO]
H.R. 5304--
A bill to amend the Clean Air Act to modify provisions relating to the
redesignation of areas and motor vehicle inspection and maintenance
programs, and for other purposes; to the Committee on Energy and
Commerce.
By Mr. KLINK, [29NO]
H.R. 5305--
A bill to amend title 49, United States Code, relating to air carrier
safety; to the Committee on Public Works and Transportation.
By Mr. OBERSTAR, [29NO]
H.R. 5306--
A bill to amend the Internal Revenue Code of 1986 to reduce individual
income tax rates, and for other purposes; to the Committee on Ways
and Means.
By Mr. SAXTON (for himself, Mr. Gingrich, Mr. Armey, Mr. Hunter, Mr.
DeLay, Mr. Zimmer, Mr. Dreier, Mr. Lightfoot, Mr. Walker, Mr.
Doolittle, Mr. Hancock, and Mr. Ramstad), [29NO]
H.R. 5307--
A bill to amend title 28, United States Code, with respect to
photographing, recording, and broadcasting court proceedings; to the
Committee on the Judiciary.
By Mr. SCHUMER, [29NO]
H.R. 5308--
A bill to amend title II of the Social Security Act to provide for a
limitation on payment during any year of old-age, wife's, and
husband's insurance benefits, based on the work record of an
individual with higher levels of income for such year, if total
payments of such benefits have exceeded prior contributions plus
interest, and to adjust the gradual increase in retirement age so as
to commence with calendar year 1996 and to reach age 68 for those
who would attain age 65 in or after calendar year 2031; to the
Committee on Ways and Means.
By Mr. SMITH of Michigan, [29NO]
H.R. 5309--
A bill to amend the Central Valley Project Improvement Act to prohibit
the restoration of certain flows in the San Joaquin River; to the
Committee on Natural Resources.
By Mr. THOMAS of California, [29NO]
H.R. 5310--
A bill to eliminate Segregationist language from the Second Morrill Act;
to the Committee on Agriculture.
By Mr. WASHINGTON, [29NO]
[[Page 2657]]
HOUSE JOINT RESOLUTIONS
------------------------------------------------------------------------
H.J. Res. 1--
Joint resolution proposing an amendment to the Constitution of the
United States relative to equal rights for men and women; to the
Committee on the Judiciary.
Cosponsors added, [18MY], [9JN], [29JY]
H.J. Res. 9--
Joint resolution proposing a balanced budget amendment to the
Constitution of the United States; to the Committee on the
Judiciary.
Cosponsors added, [10FE], [22FE], [1MR], [2MR], [3MR], [8MR]
H.J. Res. 15--
Joint resolution to provide for the issuance of a commemorative postage
stamp in honor of Louis ``Satchmo'' Armstrong; to the Committee on
Post Office and ICivil Service.
Cosponsors added, [16MY], [26MY]
H.J. Res. 18--
Joint resolution proposing an amendment to the Constitution of the
United States pertaining to prayer; to the Committee on the
Judiciary.
Cosponsors added, [7OC]
H.J. Res. 20--
Joint resolution proposing an amendment to the Constitution of the
United States to permit the Congress to limit expenditures in
elections for Federal office; to the Committee on the Judiciary.
Cosponsors added, [14AP]
H.J. Res. 21--
Joint resolution proposing an amendment to the Constitution of the
United States limiting the number of consecutive terms members of
the United States Senate and House of Representatives may serve; to
the Committee on the Judiciary.
Cosponsors added, [23FE], [8MR]
H.J. Res. 22--
Joint resolution proposing an amendment to the Constitution of the
United States relating to voluntary prayer in public schools; to the
Committee on the Judiciary.
Cosponsors added, [10FE], [11FE], [23FE], [24FE], [16MR]
H.J. Res. 28--
Joint resolution proposing an amendment to the Constitution to abolish
the electoral college and to provide for the direct popular election
for the President and Vice President of the United States; to the
Committee on the Judiciary.
Cosponsors added, [9FE]
H.J. Res. 29--
Joint resolution proposing an amendment to the Constitution of the
United States authorizing the Congress and the States to prohibit
the act of desecration of the flag of the United States and to set
criminal penalties for that act; to the Committee on the Judiciary.
Cosponsors added, [22SE]
H.J. Res. 37--
Joint resolution proposing an amendment to the Constitution of the
United States to provide for 4-year terms for Representatives and to
limit the number of terms Senators and Representatives may serve; to
the Committee on the Judiciary.
Cosponsors added, [28AP]
H.J. Res. 38--
Joint resolution proposing an amendment to the Constitution of the
United States with respect to the number of terms of office of
Members of the Senate and the House of Representatives; to the
Committee on the Judiciary.
Cosponsors added, [28AP], [23MY], [28JN], [29JN]
H.J. Res. 44--
Joint resolution proposing an amendment to the Constitution of the
United States authorizing the Congress and the States to prohibit
the act of physical desecration of the flag of the United States and
to set criminal penalties for that act; to the Committee on the
Judiciary.
Cosponsors added, [8MR], [26AP], [28AP], [3MY], [11MY], [19MY],
[21JN], [23JN], [30JN], [13JY], [26JY], [16SE], [19SE], [20SE],
[23SE], [26SE], [6OC], [7OC], [29NO]
H.J. Res. 45--
Joint resolution proposing an amendment to the Constitution of the
United States limiting the number of consecutive terms for Members
of the House of Representatives and the Senate; to the Committee on
the Judiciary.
Cosponsors added, [19JY]
H.J. Res. 61--
Joint resolution proposing an amendment to the Constitution of the
United States to provide that expenditures for a fiscal year shall
neither exceed revenues for such fiscal year nor 19 per centum of
the Nation's gross national product for the last calendar year
ending before the beginning of such fiscal year; to the Committee on
the Judiciary.
Cosponsors added, [15MR], [16MR]
H.J. Res. 90--
Joint resolution to designate the week beginning November 21, 1993, and
the week beginning November 20, 1994, each as ``National Family
Caregivers Week''; to the Committee on Post Office and Civil
Service.
Cosponsors added, [25JA], [24FE], [24MR], [12AP], [20AP], [28AP],
[5MY], [12MY], [17MY], [18MY], [10JN], [14JN], [15JN], [21JN],
[22JN], [12JY], [13JY], [19JY], [21JY]
H.J. Res. 91--
Joint resolution proposing an amendment to the Constitution of the
United States authorizing the President to veto an item of
appropriation in any act or resolution containing such an item; to
the Committee on the Judiciary.
Cosponsors added, [9FE]
H.J. Res. 103--
Joint resolution proposing an amendment to the Constitution to provide
for a balanced budget for the U.S. Government and for greater
accountability in the enactment of tax legislation; to the Committee
on the Judiciary.
Cosponsors added, [26JA], [23FE], [16MR]
Considered, [16MR]
Failed of passage in the House, [17MR]
H.J. Res. 107--
Joint resolution proposing an amendment to the Constitution of the
United States repealing the 22d article of amendment, thereby
removing the restrictions on the number of terms an individual may
serve as President; to the Committee on the Judiciary.
Cosponsors added, [17MR], [21SE]
H.J. Res. 112--
Joint resolution to designate May 13, 1994, as ``Irish Brigade-Marine
Day''; to the Committee on Post Office and Civil Service.
Cosponsors added, [28AP], [17MY]
H.J. Res. 113--
Joint resolution designating November 21, 1993, through November 27,
1993, as ``Christian Heritage Week''; to the Committee on Post
Office and Civil Service.
Cosponsors added, [25JA], [2FE], [24FE], [2MR], [3MR], [9MR], [13JY],
[13SE]
H.J. Res. 117--
Joint resolution proposing an amendment to the Constitution of the
United States to restrict the requirement of citizenship at birth by
virtue of birth in the United States to persons with a legal
resident mother or father; to the Committee on the Judiciary.
Cosponsors added, [2MR], [3AU]
H.J. Res. 119--
Joint resolution to designate the weeks beginning May 2, 1993, and May
1, 1994, as ``National Correctional Officers Week''; to the
Committee on Post Office and Civil Service.
Cosponsors added, [17MR]
H.J. Res. 122--
Joint resolution to designate the month of May 1993, as ``National
Foster Care Month''; to the Committee on Post Office and Civil
Service.
Cosponsors added, [25JA], [1FE], [7FE], [8FE], [22FE], [22MR], [12AP]
H.J. Res. 129--
Joint resolution proposing an amendment to the Constitution of the
United States to restrict the requirement of citizenship at birth by
virtue of birth in the United States to persons with citizen or
legal resident mothers; to the Committee on the Judiciary.
Cosponsors added, [25JA], [7FE], [10FE], [22FE], [28FE], [28AP],
[3MY], [9MY], [17MY], [19SE]
H.J. Res. 131--
Joint resolution designating December 7 of each year as ``National Pearl
Harbor Remembrance Day''; to the Committee on Post Office and Civil
Service.
Cosponsors added, [25JA], [10FE], [8MR], [28AP], [24MY], [8JN],
[10JN], [22JN]
Reported (H. Rept. 103-595), [12JY]
Passed House, [5AU]
Passed Senate, [10AU]
Presented to the President (August 12, 1994)
Approved [Public Law 103-308] (signed August 23, 1994)
H.J. Res. 138--
Joint resolution to designate the week beginning April 12, 1993, as
``National Public Safety Telecommunicators Week''; to the Committee
on Post Office and Civil Service.
Cosponsors added, [7MR]
H.J. Res. 145--
Joint resolution providing for the establishment of a Joint Committee on
Intelligence; to the Committee on Rules.
Cosponsors added, [18AP], [8JN], [21JN], [7OC]
H.J. Res. 146--
Joint resolution proposing an amendment to the Constitution of the
United States limiting the number of consecutive years a person may
serve in or be employed by the Government of the United States or be
employed to affect the policies and programs of the Government of
the United States; to the Committee on the Judiciary.
Cosponsors added, [2FE]
H.J. Res. 160--
Joint resolution proposing an amendment to the Constitution of the
United States limiting the period of time Senators and
Representatives may serve; to the Committee on the Judiciary.
Cosponsors added, [14JN], [30JN], [14JY], [20JY], [21JY]
H.J. Res. 163--
Joint resolution proposing an amendment to the Constitution of the
United States restoring the right of Americans to pray in public
institutions, including public school graduation ceremonies and
athletic events; to the Committee on the Judiciary.
Cosponsors added, [14AP]
H.J. Res. 166--
Joint resolution providing for the United States to assume a strong
leadership role in implementing the decisions made at the Earth
Summit by developing a national strategy to implement Agenda 21 and
other Earth Summit agreements through domestic policy and foreign
policy, by cooperating with all countries to identify and initiate
further agreements to protect the global environment, and by
supporting and participating in the high-level United Nations
Commission on Sustainable Development; to the Committee on Foreign
Affairs.
Cosponsors added, [23MR]
H.J. Res. 171--
Joint resolution proposing an amendment to the Constitution of the
United States establishing
[[Page 2658]]
English as the official language of the United States; to the
Committee on the Judiciary.
Cosponsors added, [14AP], [17JN]
H.J. Res. 173--
Joint resolution proposing an amendment to the Constitution of the
United States regarding school prayer; to the Committee on the
Judiciary.
Cosponsors added, [23FE], [19AP]
H.J. Res. 175--
Joint resolution designating October 1993 and October 1994 as ``Italian-
American Heritage and Culture Month''; to the Committee on Post
Office and Civil Service.
Committee discharged. Passed House amended, [5AU]
Passed Senate, [10AU]
Presented to the President (August 12, 1994)
Approved [Public Law 103-309] (signed August 23, 1994)
H.J. Res. 177--
Joint resolution authorizing the Alpha Phi Alpha Fraternity to establish
a memorial to Martin Luther King, Jr. in the District of Columbia or
its environs; to the Committee on House Administration.
Cosponsors added, [16MR]
H.J. Res. 184--
Joint resolution to authorize the President to issue a proclamation
designating Sunday, August 1, 1993, as Small-Town Sunday; to the
Committee on Post Office and Civil Service.
Cosponsors added, [5AU], [29SE], [3OC], [5OC], [6OC], [7OC]
Committee discharged. Passed House amended, [7OC]
H.J. Res. 188--
Joint resolution designating November 22, 1993, as ``National Military
Families Recognition Day''; to the Committee on Post Office and
Civil Service.
Committee discharged. Passed House amended, [5AU]
H.J. Res. 189--
Joint resolution designating the week beginning February 6, 1994, as
``Lincoln Legacy Week''; to the Committee on Post Office and Civil
Service.
Cosponsors added, [25MY]
H.J. Res. 191--
Joint resolution to provide for the issuance of a commemorative postage
stamp in honor of Joyce Kilmer; to the Committee on Post Office and
Civil Service.
Cosponsors added, [7FE]
H.J. Res. 199--
Joint resolution to recognize the achievements of radio amateurs, and to
establish support for such amateurs as national policy; to the
Committee on Energy and Commerce.
Cosponsors added, [26JA], [23FE], [14AP], [24MY], [14JY], [20SE]
H.J. Res. 203--
Joint resolution proposing an amendment to the Constitution of the
United States to limit terms of Representatives and Senators and to
place requirements on Representatives who seek election to the
Senate; to the Committee on the Judiciary.
Cosponsors added, [17MR]
H.J. Res. 209--
Joint resolution to designate the week of June 12 through 19, 1994, as
``National Men's Health Week''; to the Committee on Post Office and
Civil Service.
Cosponsors added, [2FE], [9FE], [23FE], [2MR], [3MR], [15MR], [12AP],
[14AP], [18AP], [19AP], [20AP], [21AP], [28AP], [2MY], [3MY], [4MY],
[9MY], [10MY], [11MY], [12MY], [16MY], [17MY], [18MY], [19MY],
[20MY], [23MY], [26MY], [8JN], [14JN], [16JN]
H.J. Res. 210--
Joint resolution proposing an amendment to the Constitution of the
United States with respect to the proposal and the enactment of laws
by popular vote of the people of the United States; to the Committee
on the Judiciary.
Cosponsors added, [14JY]
H.J. Res. 229--
Joint resolution establishing July 13, 1993, as ``Cost of Government
Day''; jointly, to the Committees on Government Operations; Post
Office and Civil Service.
Cosponsors added, [13AP]
H.J. Res. 230--
Joint resolution to designate the period commencing on February 14, 1994
and ending on February 20, 1994, as ``Children of Alcoholics Week'';
to the Committee on Post Office and Civil Service.
Cosponsors added, [9FE], [12MY], [22JN], [21AU], [6OC]
H.J. Res. 231--
Joint resolution to designate the week of November 6, 1994, as
``National Elevator and Escalator Safety Awareness Week''; to the
Committee on Post Office and Civil Service.
Cosponsors added, [25JA], [4MY], [6OC]
H.J. Res. 233--
Joint resolution designating the oak as the national arboreal emblem of
the United States; to the Committee on Post Office and Civil
Service.
Cosponsors added, [2FE], [2MR], [13AP], [18MY]
H.J. Res. 239--
Joint resolution to authorize the President to proclaim September 1994
as ``Classical Music Month''; to the Committee on Post Office and
Civil Service.
Committee discharged. Passed House, [11MR]
Passed Senate, [2MY]
Presented to the President (May 6, 1994)
Approved [Public Law 103-250] (signed May 16, 1994)
H.J. Res. 242--
Joint resolution designating the week beginning October 17, 1993, as
``National Radon Action Week''; to the Committee on Post Office and
Civil Service.
Cosponsors added, [1FE]
H.J. Res. 244--
Joint resolution designating September 6, 1993, as ``Try American Day'';
to the Committee on Post Office and Civil Service.
Cosponsors added, [6OC]
H.J. Res. 246--
Joint resolution to designate the month of March 1994 as ``Irish-
American Heritage Month''; to the Committee on Post Office and Civil
Service.
Cosponsors added, [25JA]
H.J. Res. 251--
Joint resolution proposing an amendment to the Constitution of the
United States to provide for budgetary reform by requiring the
reduction of the deficit, a balanced Federal budget, the repayment
of the national debt, and establishing line-item veto authority for
the President; to the Committee on the Judiciary.
Cosponsors added, [9FE]
H.J. Res. 253--
Joint resolution to designate May 2, 1994, through May 8, 1994, as
``Public Service Recognition Week''; to the Committee on Post Office
and Civil Service.
Cosponsors added, [25JA], [2FE], [7FE], [9FE], [10FE], [22FE], [1MR],
[7MR], [9MR], [10MR], [16MR], [17MR], [21MR], [22MR], [23MR],
[24MR], [12AP], [13AP], [19AP], [20AP], [21AP]
H.J. Res. 254--
Joint resolution proposing an amendment to the Constitution of the
United States to provide that no State shall be obligated by new
Federal law to perform any new or expanded program or service,
unless the expenses of doing so are paid by the Federal Government;
to the Committee on the Judiciary.
Cosponsors added, [10FE]
H.J. Res. 256--
Joint Resolution proposing an amendment to the Constitution of the
United States prohibiting Federal laws and rules that impose
liability for conduct occurring before the date of enactment or
issuance; to the Committee on the Judiciary.
Cosponsors added, [9FE], [30JN], [19JY]
H.J. Res. 261--
Joint resolution designating September 14, 1994, as ``Francis Scott Key
Day''; to the Committee on Post Office and Civil Service.
Cosponsors added, [4AU]
H.J. Res. 264--
Joint resolution designating the month of March 1994 as ``Chronic
Fatigue Syndrome Awareness Month''; to the Committee on Post Office
and Civil Service.
Cosponsors added, [9MR], [8JN]
H.J. Res. 266--
Joint resolution designating both September 29, 1993, and September 28,
1994, as ``National Barrier Awareness Day''; to the Committee on
Post Office and Civil Service.
Cosponsors added, [26JA], [16MR], [12AP], [23MY]
H.J. Res. 268--
Joint resolution designating the week beginning October 25, 1993, as
``World Population Awareness Week''; to the Committee on Post Office
and Civil Service.
Cosponsors added, [14JY], [16SE]
H.J. Res. 271--
Joint resolution designating November of each year as ``National
American Indian Heritage Month''; to the Committee on Post Office
and Civil Service.
Passed Senate, [6OC]
Presented to the President (October 25, 1994)
Approved [Public Law 103-462] (signed November 2, 1994)
H.J. Res. 276--
Joint resolution designating May 1, 1994, through May 7, 1994, as
``National Walking Week''; to the Committee on Post Office and Civil
Service.
Cosponsors added, [8FE], [8MR], [11MR], [12AP], [21AP], [26AP],
[28AP], [2MY], [3MY], [4MY]
H.J. Res. 278--
Joint resolution designating the week of March 21 through 27, 1994, as
``National Long-Term Care Administrators Week''; to the Committee on
Post Office and Civil Service.
Cosponsors added, [25JA], [1FE], [3FE], [10FE], [2MR], [10MR], [16MR]
H.J. Res. 279--
Joint resolution providing for the appointment of Manuel Luis Ibanez as
a citizen regent of the Board of Regents of the Smithsonian
Institution; to the Committee on House Administration.
Rules suspended. Passed House, [26AP]
Laid on the table (S.J. Res. 144 passed in lieu), [26AP]
H.J. Res. 280--
Joint resolution providing for the appointment of Frank Anderson Shrontz
as a citizen regent of the Board of Regents of the Smithsonian
Institution; to the Committee on House Administration.
Rules suspended. Passed House, [26AP]
Laid on the table (S.J. Res. 143 passed in lieu), [26AP]
H.J. Res. 282--
Joint resolution proposing an amendment to the Constitution of the
United States regarding federally mandated expenditures; to the
Committee on the Judiciary.
Cosponsors added, [3FE], [9JN], [12SE]
H.J. Res. 284--
Joint resolution to amend the War Powers Resolution; jointly, to the
Committees on Foreign Affairs; Rules.
Cosponsors added, [14AP]
H.J. Res. 285--
Joint resolution to designate the week beginning March 13, 1994, as
``National Manufacturing Week''; to the Committee on Post Office and
Civil Service.
Cosponsors added, [2FE]
H.J. Res. 286--
Joint resolution designating June 7, 1994, through June 14, 1994, as
``National Flag Celebration Week''; to the Committee on Post Office
and Civil Service.
Cosponsors added, [3MR], [12AP], [20MY], [26MY]
H.J. Res. 287--
Joint resolution to designate both the month of August 1994 and the
month of August 1995 as ``National Slovak-American Heritage Month'';
to the Committee on Post Office and Civil Service.
Cosponsors added, [9MR], [19MY], [24JN], [29JY]
H.J. Res. 289--
Joint resolution designating May 6, 1994, as ``African-American Women
Positive Role Model Day''; to the Committee on Post Office and Civil
Service.
Cosponsors added, [8JN]
H.J. Res. 290--
Joint resolution designating June 17, 1994, as ``African-American Men
Positive Role Model Day''; to the Committee on Post Office and Civil
Service.
Cosponsors added, [8JN]
H.J. Res. 291--
Joint resolution designating March 20 through March 26, 1994, as ``Small
Family Farm Week''; to the Committee on Post Office and Civil
Service.
Cosponsors added, [25JA], [8FE], [1MR], [8MR], [16MR], [21MR]
H.J. Res. 292--
Joint resolution to approve and encourage the use by the President of
any means necessary and appropriate, including diplomacy, economic
sanctions, a blockade, and military force, to prevent the
development, acquisition, or use by North Korea of a nuclear
explosive device; to the Committee on Foreign Affairs.
Cosponsors added, [3FE]
H.J. Res. 293--
Joint resolution to provide for the issuance of a commemorative postage
stamp in
[[Page 2659]]
honor of Capt. Francis Gary Powers; to the Committee on Post Office
and Civil Service.
Cosponsors added, [25JA], [8MR], [11MY]
H.J. Res. 295--
Joint resolution expressing the sense of the Congress that the United
States should not establish diplomatic relations with the Government
of the Socialist Republic of Vietnam until that government abides by
internationally accepted standards of religious liberty; to the
Committee on Foreign Affairs.
Cosponsors added, [17MY]
H.J. Res. 297--
Joint resolution to designate 1994 as ``the Year of Gospel Music''; to
the Committee on Post Office and Civil Service.
Cosponsors added, [9FE], [24FE], [2MR], [3MR], [8MR], [16MR], [17MR],
[21MR], [23MR], [12AP], [19AP], [26AP], [4MY], [5MY], [11MY],
[20MY], [23MY], [24MY], [26MY], [9JN], [29JN], [12JY], [14JY],
[18JY]
H.J. Res. 302--
Joint resolution designating 1994 through 1999 as the ``Years of the
Girl Child''; to the Committee on Post Office and Civil Service.
Cosponsors added, [7FE], [10FE], [3MR], [15MR], [16MR], [22MR],
[23MR], [12AP], [14AP], [18AP], [20AP], [21AP], [26AP], [28AP],
[5MY], [11MY]
Committee discharged. Passed House amended, [11MY]
Cosponsors removed, [11MY]
H.J. Res. 303--
Joint resolution designating June 6, 1994, as ``D-Day National
Remembrance Day''; to the Committee on Post Office and Civil
Service.
Cosponsors added, [9FE], [11FE], [23FE], [1MR], [8MR], [11MR], [22MR],
[23MR], [24MR], [12AP], [18AP], [26AP], [3MY]
Committee discharged. Passed House, [3MY]
Passed Senate, [11MY]
Presented to the President (May 13, 1994)
Approved [Public Law 103-257] (signed May 25, 1994)
H.J. Res. 304--
Joint resolution designating May 1994 as ``Older Americans Month''; to
the Committee on Post Office and Civil Service.
By Mr. HUGHES (for himself and Mr. Regula), [25JA]
Cosponsors added, [2FE], [24FE], [3MR], [17MR], [18AP], [28AP]
H.J. Res. 305--
Joint resolution designating April 28, 1994, as ``Exercise Tiger Day'';
to the Committee on Post Office and Civil Service.
By Mr. FRANK of Massachusetts, [25JA]
Cosponsors added, [9FE], [22FE], [3MR], [9MR], [16MR], [12AP], [20AP],
[25AP], [26AP], [28AP]
H.J. Res. 306--
Joint resolution to designate the month of May 1994 as ``National Foster
Care Month''; to the Committee on Post Office and Civil Service.
By Mr. ROTH, [25JA]
H.J. Res. 307--
Joint resolution proposing an amendment to the Constitution of the
United States to repeal the 25th amendment to the Constitution; to
the Committee on the Judiciary.
By Mr. GONZALEZ, [26JA]
H.J. Res. 308--
Joint resolution providing for the display of the flag at half-mast on
Government buildings on the 7th of December of each year in honor
and remembrance of the members of the Armed Forces who served at
Pearl Harbor on December 7, 1941; to the Committee on the Judiciary.
By Mr. ANDREWS of New Jersey (for himself and Mr. Montgomery), [26JA]
Cosponsors added, [21AP]
H.J. Res. 309--
Joint resolution designating April 29, 1994, as ``Davey Allison
Remembrance Day''; to the Committee on Post Office and Civil
Service.
By Mr. HILLIARD, [26JA]
Cosponsors added, [16MR]
H.J. Res. 310--
Joint resolution designating March 25, 1994, as ``Greek Independence
Day--A National Day of Celebration of Greek and American
Democracy'', to the Committee on Post Office and Civil Service
By Mr. BILIRAKIS (for himself, Mrs. Maloney, Mr. Porter, Mr. Stump,
Mr. McCollum, Mr. Machtley, Mr. Fazio, Mr. Kolbe, Ms. Pelosi, Mr.
King, Mr. Nadler, Mr. Thomas of Wyoming, Mr. Rohrabacher, Mr.
Rahall, Mr. Sawyer, Mr. Shaw, Mr. Hastert, Mr. Archer, Ms. Lowey,
Mr. Filner, Mr. Miller of California, Mr. Visclosky, Mr. McNulty,
Mr. Markey, Mr. Waxman, Mr. Lantos, Mr. Coyne, Mr. Kanjorski, Mr.
Lehman, Mr. Kleczka, Mr. Pickett, Mr. Synar, Mr. Applegate, Mr.
Hansen, Miss Collins of Michigan, Mr. Smith of Iowa, Mr. Taylor of
North Carolina, Mr. Blute, Mr. Dingell, Mr. Wolf, Mr. Mollohan, Mr.
Lewis of California, Mr. Gonzalez, Mr. Lipinski, Mr. Evans, Mr.
Hughes, Mr. Lewis of Florida, Mr. Diaz-Balart, Mr. Pryce of Ohio,
Mr. Quinn, Mr. Goodling, Mr. Edwards of California, Mr. Quillen, Mr.
Price of North Carolina, Ms. Slaughter, Mr. Barrett of Wisconsin,
Mr. Neal of North Carolina, and Mr. Traficant), [1FE]
Cosponsors added, [3FE], [9FE], [10FE], [23FE], [1MR], [2MR], [3MR],
[8MR], [9MR], [10MR], [11MR]
H.J. Res. 311--
Joint resolution designating October 1994 as ``National Breast Cancer
Awareness Month''; to the Committee on Post Office and Civil
Service.
By Mrs. COLLINS of Illinois, [1FE]
Cosponsors added, [16MR], [24MR], [13AP], [28AP], [5MY], [26MY],
[23JN], [13JY], [23SE]
H.J. Res. 312--
Joint resolution to provide for the designation of September 1, 1994, as
``Working Mothers' Day''; to the Committee on Post Office and Civil
Service.
By Mrs. COLLINS of Illinois, [1FE]
H.J. Res. 313--
Joint resolution to designate February 1994 as ``National Black History
Month''; to the Committee on Post Office and Civil Service.
By Mrs. COLLINS of Illinois, [1FE]
H.J. Res. 314--
Joint resolution designating the week beginning October 2, 1994, as
``Chemical Dependency Nurses Week''; to the Committee on Post Office
and Civil Service.
By Mr. GREENWOOD, [1FE]
Cosponsors added, [3MR], [9MR], [17MR], [24MR], [13AP], [4MY], [11MY],
[29JN]
H.J. Res. 315--
Joint resolution designating May 30, 1994, through June 6, 1994 as a
``Time for the National Observance of the Fiftieth Anniversary of
World War II''; to the Committee on Post Office and Civil Service.
By Mr. MYERS of Indiana, [2FE]
Cosponsors added, [12AP], [21AP], [28AP], [3MY], [11MY], [12MY],
[17MY], [18MY], [19MY], [20MY], [23MY]
Committee discharged. Passed House, [24MY]
H.J. Res. 316--
Joint resolution designating March 8, 1994, as ``International Women's
Day''; to the Committee on Post Office and Civil Service.
By Ms. WATERS (for herself, Mr. Manton, Mr. Filner, Mr. Swett, Ms.
Byrne, Mrs. Morella, Mr. Montgomery, Mr. Nadler, Mr. Conyers, Mrs.
Maloney, Mr. Dellums, Mr. Ravenel, Mr. Klein, Mr. Andrews of Texas,
Miss Collins of Michigan, Mr. Schumer, Mr. Moran, Ms. Eddie Bernice
Johnson of Texas, Mrs. Clayton, Mr. Kleczka, Mr. Kopetski, Mr.
Ackerman, Mr. Gordon, Mr. Coleman, Mr. Stokes, Mr. Lewis of
California, Ms. Woolsey, Ms. Kaptur, Mr. Peterson of Minnesota, Mr.
Fingerhut, Mrs. Unsoeld, Mr. Andrews of Maine, Mrs. Meek of Florida,
Mr. Walsh, Mr. Cramer, Mr. Hughes, Mr. Tucker, Mrs. Lloyd, Mr.
Serrano, Mr. Murtha, Ms. Roybal-Allard, Ms. Slaughter, Mr.
Underwood, Mr. Bonior, Mr. LaFalce, Mr. Valentine, Mr. Mineta, Mr.
Gene Green of Texas, Mr. Orton, Ms. Norton, Mr. Neal of North
Carolina, and Mr. Frost), [2FE]
Cosponsors added, [24FE], [8MR]
H.J. Res. 317--
Joint resolution to proclaim March 20, 1994, as ``National Agriculture
Day''; to the Committee on Post Office and Civil Service.
By Mr. de la Garza (for himself and Mr. Roberts), [3FE]
Cosponsors added, [8MR], [10MR], [11MR], [16MR], [18MR], [21MR]
H.J. Res. 318--
Joint resolution to designate the month of April 1994 as ``Civil War
History Month''; to the Committee on Post Office and Civil Service.
By Mr. SHAW, [3FE]
Cosponsors added, [23FE], [3MR], [10MR], [22MR], [19MY]
H.J. Res. 319--
Joint resolution directing the Secretary of Health and Human Services to
propose to the Congress, not later than May 18, 1994, possible
solutions to the impending deficit in the Federal Disability
Insurance Trust Fund; to the Committee on Ways and Means.
By Mr. BACHUS of Alabama (for himself, and Mr. Ewing), [8FE]
Cosponsors added, [10MR], [19AP]
H.J. Res. 320--
Joint resolution designating April 11, 1994, as ``Persian Gulf War
Veteran Recognition Day''; to the Committee on Post Office and Civil
Service.
By Mr. BLUTE, [8FE]
Cosponsors added, [22MR], [12AP], [13AP], [14AP], [2MY]
H.J. Res. 321--
Joint resolution proposing an amendment to the Constitution of the
United States allowing an item veto in appropriations bills and an
item veto of contract authority or taxation changes in any other
bill; to the Committee on the Judiciary.
By Mr. ZIMMER, [9FE]
Cosponsors added, [23FE], [24FE], [21JN]
H.J. Res. 322--
Joint resolution to authorize the President to proclaim the last Friday
of April 1994 as ``National Arbor Day''; to the Committee on Post
Office and Civil Service.
By Mr. KLEIN, [10FE]
Cosponsors added, [2MR], [16MR], [13AP], [28AP]
H.J. Res. 323--
Joint resolution declaring May 19 a national holiday and day of prayer
and rememberance honoring Malcolm X (Al Hajj Malik Al-Shabazz); to
the Committee on Post Office and Civil Service.
By Mr. RANGEL, [10FE]
H.J. Res. 324--
Joint resolution proposing an amendment to the Constitution of the
United States to limit the number of years an individual may serve
in certain positions in the Government of the United States, and for
other purposes; to the Committee on the Judiciary.
By Mr. SARPALIUS (for himself and Mr. Brewster), [10FE]
Cosponsors added, [13SE]
H.J. Res. 325--
A joint resolution designating the week beginning April 3, 1994, as
``National Earthquake Awareness Week''; to the Committee on Post
Office and Civil Service.
By Mr. DIXON (for himself, Mr. Berman, Mr. Brown of California, Mr.
Farr, Mr. Fazio, Mr. Gallegly, Mr. Lewis of California, Mr. McKeon,
Mr. Moorhead, Ms. Schenk, Mr. Waxman, Mr. McDade, Mr. Hoyer, Mr.
Towns, Mr. Kasich, Mr. Weldon, Mr. Clyburn, Mr. Abercrombie, and Ms.
Furse), [11FE]
Cosponsors added, [24FE], [7MR], [10MR], [16MR], [17MR], [23MR]
H.J. Res. 326--
Joint resolution designating January 16, 1995, as ``National Good Teen
Day''; to the Committee on Post Office and Civil Service.
By Mr. TRAFICANT, [22FE]
Cosponsors added, [7MR], [10MR], [15MR], [12AP], [20MY], [21JN],
[24JN], [30JN], [18JY], [22SE], [28SE]
Committee discharged. Passed House, [30SE]
Passed Senate, [7OC]
H.J. Res. 327--
Joint resolution to designate June 4, 1994, as ``National Trails Day'';
to the Committee on Post Office and Civil Service.
By Mr. SCHAEFER (for himself, Mr. Vento, Mr. Beilenson, Mr. Bevill,
Mr. Boucher, Ms. Dunn, Mr. Costello, Mr. Farr, Mr. Foglietta, Ms.
Furse, Mr. Gordon, Mr. Hefley, Mr. Hughes, Mr. Kasich, Mr. Kleczka,
Mr. Klein, Mr. Markey, Mr. McDermott, Mr. Moran, Mrs. Morella, Mr.
McInnis, Mr. Miller of California, Mr. Murtha, Mrs. Mink of Hawaii,
Mr. Neal of Massachusetts, Mr. Romero-Barcelo, Mr. Regula, Mr.
Slattery, Mr. Synar, Mr. Thomas of Wyoming, Mrs. Unsoeld, Mr. Walsh,
Mr. Wolf, and Mr. Underwood), [23FE]
[[Page 2660]]
Cosponsors added, [8MR], [12AP], [14AP], [19AP], [21AP], [28AP],
[3MY], [5MY], [10MY], [11MY], [17MY], [20MY], [25MY], [26MY],
[21JY], [12SE]
Cosponsors removed, [25MY]
H.J. Res. 328--
Joint resolution designating the week beginning May 1, 1994, as ``Arson
Awareness Week''; to the Committee on Post Office and Civil Service.
By Mr. WELDON (for himself, Mr. Hoyer, Mr. Boehlert, and Mr.
Valentine), [24FE]
Cosponsors added, [2MR], [9MR], [23MR], [14AP], [20AP], [21AP], [4MY],
[11MY], [9JN], [14JN]
H.J. Res. 329--
Joint resolution designating March 23, 1994, as ``Education and Sharing
Day, U.S.A.''; to the Committee on Post Office and Civil Service.
By Mr. GEPHARDT (for himself and Mr. Gingrich), [3MR]
Cosponsors added, [17MR], [21MR]
Committee discharged. Passed House, [21MR]
Passed Senate, [24MR]
Presented to the President (March 25, 1994)
Approved [Public Law 103-229] (signed April 6, 1994)
H.J. Res. 330--
Joint resolution designating May 1994 as ``National Community
Residential Care Month; to the Committee on Post Office and Civil
Service.
By Mr. DOOLITTLE, [3MR]
H.J. Res. 331--
A joint resolution designating May 1994, as ``National Community
Residential Care Month''; to the Committee on Post Office and Civil
Service.
By Mr. DOOLITTLE, [8MR]
H.J. Res. 332--
Joint resolution designating July 27 of each year as the ``National
Korean War Veterans Armistice Day''; to the Committee on Post Office
and Civil Service.
By Mr. MONTGOMERY, [9MR]
Cosponsors added, [16MR], [23MR], [18AP], [12MY], [9JN], [17JN],
[24JN], [29JN], [19JY], [22JY], [5AU], [13SE], [19SE], [21SE],
[22SE], [26SE], [28SE], [29SE], [5OC], [7OC]
H.J. Res. 333--
Joint resolution designating May 11, 1994, as ``Vietnam Human Rights
Day''; to the Committee on Post Office and Civil Service.
By Ms. BYRNE, [10MR]
Cosponsors added, [16MR], [17MR], [21MR], [22MR], [23MR], [13AP],
[14AP], [19AP], [20AP], [21AP], [28AP], [4MY], [5MY], [11MY]
H.J. Res. 334--
Joint resolution designating May 29 through June 4, 1994, as ``Pediatric
and Adolescent AIDS Awareness Week'' in the United States; to the
Committee on Post Office and Civil Service.
By Mr. SERRANO, [10MR]
Cosponsors added, [12AP], [26AP], [5MY], [17MY], [24MY]
H.J. Res. 335--
Joint resolution designating the month of April 1994 as ``Alcohol
Awareness Month''; to the Committee on Post Office and Civil
Service.
By Mr. WALSH, [10MR]
Cosponsors added, [16MR], [17MR], [22MR], [23MR], [12AP], [13AP]
H.J. Res. 336--
Joint resolution proposing an amendment to the Constitution to provide
for a balanced budget for the U.S. Government; to the Committee on
the Judiciary.
By Mr. WISE (for himself, Mr. Price of North Carolina, Mr. Pomeroy,
Ms. Furse, Ms. Byrne, and Ms. Eshoo), [11MR]
Cosponsors added, [16MR]
H.J. Res. 337--
Joint resolution to designate the month of September 1994 as ``National
Sewing Month''; to the Committee on Post Office and Civil Service.
By Mr. PETRI, [15MR]
Cosponsors added, [14JY], [29JY], [27SE]
H.J. Res. 338--
Joint resolution to designate October 1994 as ``National Decorative
Painting Month''; to the Committee on Post Office and Civil Service.
By Mr. PETE GEREN of Texas, [16MR]
Cosponsors added, [24MR], [12AP], [26AP], [11MY], [26MY], [15JN],
[29JN], [19JY], [27JY], [5AU], [17AU], [22SE], [29NO]
H.J. Res. 339--
Joint resolution proposing an amendment to the Constitution of the
United States to limit the terms of Representatives and Senators,
and to provide for a 4-year term for Representatives; to the
Committee on the Judiciary.
By Mr. MINGE, [16MR]
H.J. Res. 340--
Joint resolution proposing an amendment to the Constitution of the
United States to provide that no person born to parents who are
unlawfully in the United States at the time of the birth shall be a
U.S. citizen on account of birth in the United States; to the
Committee on the Judiciary.
By Mr. TAYLOR of North Carolina (for himself and Mr. Solomon), [16MR]
H.J. Res. 341--
Joint resolution to designate the week of November 15 through 22 as
``National Sportsmen's Instruction Week''; to the Committee on Post
Office and Civil Service.
By Mr. CAMP (for himself, Mr. Barcia of Michigan, Mr. Bartlett of
Maryland, Mr. Coble, Mr. Pete Geren of Texas, Mr. Roth, Mr. Walsh,
Mr. Quinn, Mrs. Vucanovich, Mrs. Thurman, Mr. McNulty, Mr. Frost,
Mr. Klug, Mr. Solomon, Mr. Brewster, Mr. Peterson of Minnesota, Mr.
Faleomavaega, and Mr. Emerson), [17MR]
H.J. Res. 342--
Joint resolution designating April 24 through April 30, 1994, as
``National Crime Victims' Rights Week''; to the Committee on Post
Office and Civil Service.
By Mr. GEKAS (for himself, Mr. Schumer, Mr. Fish, Mr. Hyde, Mr.
Schiff, Mr. Ramstad, Mr. Rahall, Mr. McDade, Mr. Hastings, Mr.
Johnson of Georgia, Mr. Shaw, Mr. Saxton, Mr. Kreidler, Mr. Quinn,
Mr. Poshard, Mr. Pomeroy, Mr. Bateman, Mrs. Byrne, Mr. Wolf, Mr.
Cooper, Mr. Hilliard, Mr. Gene Green of Texas, Mr. Goodling, Mr.
Walsh, Mr. Royce, Mr. Stearns, Mr. Barrett of Wisconsin, Mr.
Fingerhut, Mr. Pete Geren of Texas, Mr. Reynolds, Mrs. Thurman, Mr.
Crapo, Mr. Doolittle, Ms. Slaughter, Mr. Lipinski, Mr. Filner, and
Mr. Frost), [18MR]
Cosponsors added, [12AP], [19AP], [20AP], [21AP], [26AP], [28AP],
[2MY]
H.J. Res. 343--
Joint resolution to designate each of the months of May 1994 and May
1995 as ``United States Armed Forces History Month''; to the
Committee on Post Office and Civil Service.
By Mr. GEKAS (for himself, Mr. Montgomery, Mr. Dellums, Mr. Solomon,
Mr. Filner, Mr. Frost, Mr. Wilson, Mr. Faleomavaega, Mr. King, Mr.
Dornan, Mr. Parker, Mrs. Thurman, Mr. Lipinski, Mr. Hutto, and Mr.
Kasich), [22MR]
Cosponsors added, [18MY], [26MY], [13JN], [17JN], [23JN], [19JY]
H.J. Res. 344--
Joint resolution designating May 14, 1994, as ``National Police
Survivors Day''; to the Committee on Post Office and Civil Service.
By Mr. MANTON (for himself and Ms. Dunn), [23MR]
Cosponsors added, [14AP], [20AP], [28AP], [5MY], [17MY]
H.J. Res. 345--
Joint resolution disapproving the action of the District of Columbia
Council in approving the Displaced Workers Protection Act of 1994;
to the Committee on the District of Columbia.
By Mr. BALLENGER (for himself, Mr. Bliley, Mr. Rohrabacher, and Mr.
Saxton), [24MR]
H.J. Res. 346--
Joint resolution designating September 25, 1994, as ``Gold Star Mothers
Day;'' to the Committee on Post Office and Civil Service.
By Mr. COYNE, [24MR]
Cosponsors added, [25MY], [22SE]
H.J. Res. 347--
Joint resolution to designate July 23, 1994, as ``General Bernardo de
Galvez Day''; to the Committee on Post Office and Civil Service.
By Mrs. FOWLER (for herself, Ms. Ros-Lehtinen, and Mr. Diaz-Balart),
[24MR]
Cosponsors added, [19MY], [16JN], [27JN], [12JY], [19JY], [22JY]
H.J. Res. 348--
Joint resolution declaring April 10 as ``Son-in-Law Day''; to the
Committee on Post Office and Civil Service.
By Mr. RANGEL, [24MR]
H.J. Res. 349--
Joint resolution to designate the week of October 2, 1994, through
October 8, 1994, as ``Mental Illness Awareness Week''; to the
Committee on Post Office and Civil Service.
By Mr. WYDEN (for himself, Mr. Machtley, Mr. Kreidler, Mr. Spratt, Mr.
Tanner, Mr. Slattery, Mr. Frank of Massachusetts, Mr. Gonzalez, Mr.
Clement, Mr. Coble, Mr. Moakley, Mr. Mazzoli, Mrs. Unsoeld, Mr.
Rowland, Mr. Hefner, Mr. Jacobs, Mr. Bilbray, Mr. Pickle, Mr.
Lantos, Mr. Wheat, Mr. Waxman, Ms. Byrne, Mr. Faleomavaega, Mr.
Wolf, Mr. Cramer, Mr. Miller of California, Ms. Furse, Ms. Eddie
Bernice Johnson of Texas, Mr. Franks of Connecticut, Mr. Peterson of
Minnesota, Mr. Stark, Mrs. Maloney, Mr. Regula, Mr. Filner, Mr.
Coleman, Mr. Towns, Mr. Kopetski, Mr. Conyers, Mr. Markey, Mr.
LaFalce, Mr. Sawyer, Mr. Frost, Mr. Wise, Mr. Poshard, Mr.
Gejdenson, Mr. King, Mr. Archer, Mrs. Roukema, Ms. Norton, Mr.
Kasich, Mr. Evans, Mr. Cooper, Mrs. Mink of Hawaii, Mr. Kleczka,
Mrs. Thurman, Mr. Neal of Massachusetts, Mr. Peterson of Florida,
and Ms. Molinari), [24MR]
Cosponsors added, [13AP], [30JN], [8AU], [19AU], [12SE], [27SE]
H.J. Res. 350--
Joint resolution designating April 1994 as ``National Buy Recycled
Materials and Products Month''; to the Committee on Post Office and
Civil Service.
By Mr. MORAN (for himself, Ms. Roybal-Allard, Mr. Klein, and Mr.
Waxman), [12AP]
Cosponsors added, [13AP], [21AP], [28AP]
H.J. Res. 351--
Joint resolution designating May 22 through May 28, 1994, as ``In
Celebration of America Week''; to the Committee on Post Office and
Civil Service.
By Mr. CALVERT, [13AP]
Cosponsors added, [24MY], [16JN]
H.J. Res. 352--
Joint resolution designating November 1994 as ``National American
Lacemaker Month''; to the Committee on Post Office and Civil
Service.
By Mr. FORD of Michigan, [13AP]
Cosponsors added, [28JY]
H.J. Res. 353--
Joint resolution designating July 16 through July 24, 1994, as
``National Apollo Anniversary Observance''; to the Committee on Post
Office and Civil Service.
By Mr. MINETA (for himself, Mr. Bateman, Mr. Cramer, Mr. Klein, Mrs.
Byrne, Mr. Walsh, Mr. Oxley, Mr. Brown of California, Mr. Bacchus of
Florida, Mr. Valentine, Mr. Kopetski, Mr. Hansen, Mr. Skeen, Mr.
Baker of California, Ms. Danner, Mr. Hughes, Mr. Pickett, Mr.
Tanner, Mrs. Meek of Florida, Mr. Rohrabacher, Mr. Packard, Mr.
Bevill, Ms. Brown of Florida, Mr. Filner, Mr. McCloskey, Ms. Eshoo,
Mr. Borski, Mr. Frost, Mr. Andrews of Texas, Mr. Mollohan, Mr.
Fingerhut, Mr. Pete Geren of Texas, and Mr. Lipinski), [14AP]
Cosponsors added, [15JN], [24JN], [27JN], [29JN]
H.J. Res. 354--
Joint resolution designating May 22, 1994, as ``National Neighbor Day'';
to the Committee on Post Office and Civil Service.
By Mr. REED, [14AP]
Cosponsors added, [3MY], [17MY]
H.J. Res. 355--
Joint resolutiong designating 1995 as the ``Year of the Grandparent'';
to the Committee on Post Office and Civil Service.
By Mr. HUGHES, [18AP]
Cosponsors added, [28AP], [24MY], [12JY], [9AU], [18AU]
H.J. Res. 356--
Joint resolution designating March 31, 1995, as ``Cesar E. Chavez Day'';
to the Committee on Post Office and Civil Service.
By Mr. RICHARDSON (for himself, Mr. Serrano, Ms. Roybal-Allard, Mr. de
Lugo, Mr. Romero-Barcelo, Mr. Torres, Mr. Berman, and Mr. Becerra),
[18AP]
Cosponsors added, [21AP], [11MY], [12MY], [16MY], [17MY], [18MY],
[19MY], [23MY], [26MY], [8JN], [16JN], [21JN], [28JN], [12JY],
[19SE]
H.J. Res. 357--
Joint resolution designating the week beginning February 12, 1995, as
``National Random Acts of Kindness Week''; to the Committee on Post
Office and Civil Service.
By Mr. TUCKER (for himself, Mr. Lehman, Mr. Thomas of California, Mr.
Valentine, Mr. Wynn,
[[Page 2661]]
Mr. Lewis of Georgia, Mr. Watt, Ms. Roybal-Allard, Mr. Waxman, Mr.
Clyburn, Mr. Dixon, Mr. Hilliard, Mr. Murphy, Mr. Murtha, Ms.
Norton, Mr. Owens, Mr. Hutto, Mr. Conyers, Ms. McKinney, Mr. Payne
of New Jersey, Mr. Lantos, Mr. Martinez, Mr. Brown of Ohio, Mr.
Coleman, Mr. Tejeda, Ms. Brown of Florida, Mrs. Byrne, Mr. Mfume,
Mr. Stark, Mr. Reynolds, Mr. Ackerman, Mr. Wheat, Mr. Blackwell, Mr.
Pallone, Mr. Sawyer, Mr. Gene Green of Texas, Mr. Nadler, Mr.
Hamburg, Mr. Rangel, Mr. Serrano, Mr. Becerra, Mr. Herger, Mr.
Sanders, Mr. Fazio, Mr. Sabo, Mr. Wolf, Mr. Coppersmith, Mr.
Browder, Ms. Collins of Michigan, Mr. Schumer, Mr. Stupak, Mr.
Kreidler, Mr. Ford of Michigan, Mr. Edwards of California, Mr. Rush,
Mr. Towns, Mr. Rohrabacher, Mr. Richardson, Mr. Evans, Mrs. Unsoeld,
Ms. Furse, Ms. Margolies-Mezvinsky, Mr. Spratt, Mr. Rose, Mr. Moran,
Mr. Farr, Ms. Danner, Mr. Scott, Mr. Clement, Mr. Olver, Mr. Flake,
Mr. Markey, Mr. Obey, Mr. Condit, Mr. Barca of Wisconsin, Mr.
Barlow, Mr. Miller of California, Mr. Bishop, Mr. Kennedy, Mr.
Filner, Mr. Mann, Mrs. Thurman, Ms. Velazquez, Ms. Waters, Mr. Clay,
Mr. Deal, Mr. Hinchey, Mr. Inslee, Ms. Eddie Bernice Johnson of
Texas, Mr. Roemer, Mr. Klein, Mr. Menendez, Mr. Barrett of
Wisconsin, Mr. Ortiz, Ms. DeLauro, Mrs. Clayton, Mrs. Mink of
Hawaii, Mr. Wise, Mr. Johnson of South Dakota, Mr. Payne of
Virginia, Mr. Brooks, Mr. Studds, Mr. Hefner, Mr. Bilbray, Mr.
McDermott, Mr. Berman, Mr. Frank of Massachusetts, Mr. Frost, Mr.
Andrews of Maine, Mr. Synar, Mr. Jacobs, Mr. Bonior, Mrs. Maloney,
Mr. DeFazio, Mr. Coyne, Ms. Lowey, Mr. Pickett, Mr. Chapman, Mrs.
Fowler, Ms. Cantwell, Ms. Eshoo, Mr. Lipinski, Mr. Engel, Mr.
McHale, Mr. Borski, Mr. Ford of Tennessee, Mr. Underwood, Mr.
Mazzoli, Mr. Pomeroy, Mrs. Morella, Mr. Abercrombie, Mr. Applegate,
Mr. Bacchus of Florida, Mr. Baesler, Mr. Baker of California, Mr.
Baker of Louisiana, Mrs. Bentley, Mr. Bevill, Mr. Bilirakis, Mr.
Bliley, Mr. Blute, Mr. Brown of California, Mr. Callahan, Mr. Carr,
Mr. Coble, Mr. Crapo, Mr. Castle, Mr. Darden, Mr. de la Garza, Mr.
Dellums, Mr. de Lugo, Mr. Deutsch, Mr. Dingell, Mr. Doolittle, Mr.
Dornan, Mr. Dreier, Mr. Durbin, Mr. Ehlers, Mr. Emerson, Mr.
Everett, Mr. Faleomavaega, Mr. Fields of Louisiana, Mr. Fingerhut,
Mr. Franks of Connecticut, Mr. Gallegly, Mr. Gejdenson, Mr. Gilmor,
Mr. Glickman, Mr. Gonzalez, Mr. Gordon, Mr. Gutierrez, Mr. Hall of
Ohio, Mr. Hastert, Mr. Hayes, Mr. Horn, Mr. Hyde, Mr. Jefferson,
Mrs. Johnson of Connecticut, Ms. Kaptur, Mr. Kildee, Mr. King, Mr.
Kingston, Mr. Kleczka, Mr. Klink, Mr. Kolbe, Mr. Laughlin, Mr.
Leach, Mr. Levin, Mr. Lewis of California, Mrs. Lloyd, Mr. McCrery,
Mr. McDade, Mr. McHugh, Mrs. Meek of Florida, Mr. Mineta, Mr.
Moakley, Ms. Molinari, Mr. Moorhead, Mr. Neal of Massachusetts, Mr.
Neal of North Carolina, Mr. Oberstar, Mr. Parker, Mr. Paxon, Ms.
Pelosi, Mr. Petri, Mr. Pickle, Mr. Pombo, Mr. Poshard, Mr. Quillen,
Mr. Quinn, Mr. Rahall, Mr. Ravenel, Mr. Reed, Mr. Regula, Mr.
Roberts, Mr. Rogers, Mr. Romero-Barcelo, Mr. Sharp, Mr. Smith of
Iowa, Ms. Shepherd, Mr. Sisisky, Ms. Slaughter, Mr. Stokes, Mr.
Stump, Mr. Sundquist, Mr. Swett, Mr. Tanner, Mr. Taylor of North
Carolina, Mr. Thomas of Wyoming, Mr. Torkildsen, Mr. Torres, Mr.
Vento, Mr. Volkmer, Mr. Weldon, Mr. Whitten, Mr. Wilson, Mr. Wyden,
and Mr. Young of Florida), [19AP]
Committee discharged. Passed House, [3MY]
H.J. Res. 358--
A joint resolution designating September 18, 1994, through September 24,
1994, as ``Iron Overload Diseases Awareness Week''; to the Committee
on Post Office and Civil Service.
By Mr. JACOBS, [20AP]
Cosponsors added, [14JY], [19JY], [5AU], [19AU], [20SE], [29SE]
H.J. Res. 359--
Joint resolution to designate the week beginning June 13, 1994, as
``National Parkinson's Disease Awareness Week''; to the Committee on
Post Office and Civil Service.
By Mr. HOBSON, [20AP]
Cosponsors added, [3MY], [12MY], [18MY], [23MY], [8JN], [9JN], [15JN],
[21JN]
H.J. Res. 360--
Joint resolution to designate the week of April 25, 1994, to May 1,
1994, as ``Let's Stop Kids Killing Kids Week''; to the Committee on
Post Office and Civil Service.
By Mr. VENTO (for himself, Mr. Solomon, Mr. Abercrombie, Mr. Ackerman,
Mr. Andrews of Texas, Mr. Andrews of New Jersey, Mr. Andrews of
Maine, Mr. Bacchus of Florida, Mr. Ballenger, Mr. Barca of
Wisconsin, Mr. Barcia of Michigan, Mr. Barlow, Mr. Barrett of
Wisconsin, Mr. Becerra, Mr. Beilenson, Mr. Berman, Mr. Bevill, Mr.
Bilbray, Mr. Bishop, Mr. Blackwell, Mr. Bonior, Mr. Borski, Mr.
Boucher, Mr. Brooks, Ms. Brown of Florida, Mr. Brown of California,
Mr. Brown of Ohio, Mrs. Byrne, Mr. Callahan, Mr. Camp, Ms. Cantwell,
Mr. Cardin, Mr. Carr, Mr. Clay, Mrs. Clayton, Mr. Clinger, Mr.
Coble, Mr. Coleman, Ms. Collins of Michigan, Mr. Condit, Mr.
Conyers, Mr. Costello, Mr. Coyne, Mr. Cramer, Mr. Darden, Mr. Deal,
Mr. DeFazio, Mr. de la Garza, Ms. DeLauro, Mr. Dellums, Mr. de Lugo,
Mr. Deutsch, Mr. Dickey, Mr. Dicks, Mr. Dixon, Mr. Dooley, Mr.
Doolittle, Mr. Duncan, Mr. Durbin, Mr. Edwards of California, Mr.
Emerson, Mr. Engel, Ms. English of Arizona, Ms. Eshoo, Mr. Evans,
Mr. Everett, Mr. Faleomavaega, Mr. Farr, Mr. Fazio, Mr. Fields of
Louisiana, Mr. Flake, Mr. Foglietta, Mr. Ford of Tennessee, Mr. Ford
of Michigan, Mr. Frank of Massachusetts, Mr. Frost, Ms. Furse, Mr.
Gejdenson, Mr. Gekas, Mr. Gilman, Mr. Glickman, Mr. Gonzalez, Mr.
Gordon, Mr. Gene Green of Texas, Mr. Greenwood, Mr. Gunderson,
Mr.Gutierrez, Mr. Hall of Texas, Mr. Hamburg, Mr. Hamilton, Mr.
Hansen, Mr. Hastings, Mr. Hefner, Mr. Hilliard, Mr. Hinchey, Mr.
Hoagland, Mr. Hobson, Mr. Hochbrueckner, Mr. Holden, Mr. Hoyer, Mr.
Hughes, Mr. Hutto, Mr. Jacobs, Ms. Eddie Bernice Johnson of Texas,
Mrs. Johnson of Connecticut, Mr. Johnson of South Dakota, Mr.
Johnston of Florida, Mr. Kanjorski, Ms. Kaptur, Mr. Kennedy, Mrs.
Kennelly, Mr. Kleczka, Mr. Klein, Mr. Klink, Mr. LaFalce, Mr.
Lantos, Mr. LaRocco, Mr. Lehman, Mr. Levin, Mr. Lewis of Georgia,
Mr. Lightfoot, Mr. Lipinski, Mr. Livingston, Mrs. Lloyd, Ms. Lowey,
Mr. McCloskey, Mr. McCollum, Mr. McDermott, Ms. McKinney, Mr.
McNulty, Mr. Markey, Mr. Mazzoli, Mr. Meehan, Mrs. Meek of Florida,
Mr. Menendez, Mr. Mfume, Mr. Miller of California, Mr. Mineta, Mr.
Minge, Mr. Moakley, Mr. Montgomery, Mr. Moorhead, Mr. Moran, Mr.
Murphy, Mr. Murtha, Mr. Myers of Indiana, Mr. Neal of Massachusetts,
Mr. Neal of North Carolina, Ms. Norton, Mr. Oberstar, Mr. Obey, Mr.
Olver, Mr. Owens, Mr. Packard, Mr. Parker, Mr. Pastor, Ms. Pelosi,
Mr. Peterson of Florida, Mr. Petri, Mr. Pickett, Mr. Porter, Mr.
Price of North Carolina, Mr. Quillen, Mr. Quinn, Mr. Rahall, Mr.
Ramstad, Mr. Rangel, Mr. Ravenel, Mr. Reed, Mr. Richardson, Mr.
Rogers, Mr. Romero-Barcelo, Mr. Rose, Ms. Roybal-Allard, Mr. Rush,
Mr. Sabo, Mr. Sangmeister, Mr. Sarpalius, Mr. Sawyer, Mr. Schaefer,
Ms. Schenk, Mr. Schumer, Mr. Scott, Mr. Serrano, Mr. Sharp, Mr.
Shays, Ms. Shepherd, Mr. Shuster, Mr. Sisisky, Mr. Skeen, Mr.
Skelton, Ms. Slaughter, Mr. Smith of Texas, Mr. Smith of Iowa, Mr.
Smith of Oregon, Mr. Spence, Mr. Spratt, Mr. Stark, Mr. Stokes, Mr.
Stump, Mr. Sundquist, Mr. Swett, Mr. Swift, Mr. Synar, Mr. Tauzin,
Mr. Taylor of North Carolina, Mr. Thomas of Wyoming, Mrs. Thurman,
Mr. Torres, Mr. Torricelli, Mr. Towns, Mr. Traficant, Mr. Tucker,
Mr. Underwood, Mrs. Unsoeld, Mr. Valentine, Ms. Velazquez, Mr.
Visclosky, Mr. Volkmer, Mrs. Vucanovich, Mr. Washington, Ms. Waters,
Mr. Watt, Mr. Waxman, Mr. Wheat, Mr. Wilson, Mr. Wise, Ms. Woolsey,
Mr. Wyden, Mr. Wynn, Mr. Yates, Mr. Young of Florida, Mr. Young of
Alaska, Mr. Zeliff, and Mr. Zimmer), [21AP]
Committee discharged. Passed House, [26AP]
H.J. Res. 361--
Joint resolution to designate the year of 1995 as the Year of the
American Flag; to the Committee on Post Office and Civil Service.
By Mr. SOLOMON (for himself and Mr. Hutto), [26AP]
H.J. Res. 362--
Joint resolution to designate March 20 through 26, 1995, as ``National
Long-Term Care Administrators Week''; to the Committee on Post
Office and Civil Service.
By Mr. PETE GEREN of Texas (for himself and Mr. Cramer), [28AP]
Cosponsors added, [11MY], [17MY], [26MY], [15JN], [29JN], [19JY],
[5AU], [17AU], [22SE], [29NO]
H.J. Res. 363--
Joint resolution to designate October 1994 as ``Crime Prevention
Month''; to the Committee on Post Office and Civil Service.
By Mr. BARRETT of Wisconsin (for himself, Mr. Ackerman, Mr. Andrews of
New Jersey, Mr. Bacchus of Florida, Mr. Baesler, Mr. Baker of
Louisiana, Mr. Barca of Wisconsin, Mr. Bateman, Mrs. Bentley, Mr.
Berman, Mr. Bilbray, Mr. Bilirakis, Mr. Bishop, Mr. Blackwell, Mr.
Bonior, Mr. Brooks, Mr. Brown of California, Mr. Buyer, Mrs. Byrne,
Mr. Callahan, Mr. Calvert, Mr. Carr, Mr. Castle, Mr. Clay, Mrs.
Clayton, Mr. Clement, Mr. Clinger, Ms. Collins of Michigan, Mr.
Coppersmith, Mr. Coyne, Mr. Cramer, Mr. Darden, Ms. DeLauro, Mr.
Dellums, Mr. Deutsch, Mr. de Lugo, Mr. Dickey, Mr. Dicks, Mr.
Doolittle, Mr. Edwards of Texas, Mr. Engel, Mr. Evans, Mr.
Faleomavaega, Mr. Fields of Louisiana, Mr. Fish, Mr. Flake, Mrs.
Fowler, Mr. Frost, Ms. Furse, Mr. Gekas, Mr. Gunderson, Mr.
Gutierrez, Mr. Hansen, Mr. Hefner, Mr. Hilliard, Mr. Hoagland, Mr.
Hobson, Mr. Hochbrueckner, Mr. Holden, Mr. Hughes, Mr. Hutchinson,
Mr. Hutto, Mr. Hyde, Mr. Inhofe, Mr. Jacobs, Ms. Eddie Bernice
Johnson of Texas, Mr. Johnson of South Dakota, Mr. Kasich, Mr.
Kennedy, Mr. Kildee, Mr. Kleczka, Mr. Klein, Mr. Kopetski, Mr.
Kreidler, Mr. LaFalce, Mr. Lancaster, Mr. Lantos, Mr. Lazio, Mr.
Leach, Mr. Lewis of Georgia, Mr. Lipinski, Mr. Livingston, Mr.
Machtley, Mr. Manton, Mr. Markey, Mr. Matsui, Mr. McCloskey, Mr.
McInnis, Mr. McNulty, Mr. Meehan, Mrs. Meek of Florida, Mr.
Menendez, Mrs. Meyers of Kansas, Mr. Minge, Mrs. Mink of Hawaii, Mr.
Moakley, Mr. Montgomery, Mr. Moorhead, Mr. Moran, Mr. Murphy, Mr.
Murtha, Mr. Neal of Massachusetts, Ms. Norton, Mr. Oberstar, Mr.
Obey, Mr. Owens, Mr. Pallone, Mr. Parker, Mr. Peterson of Florida,
Mr. Porter, Mr. Poshard, Mr. Price of North Carolina, Mr. Quinn, Mr.
Ramstad, Mr. Rangel, Mr. Ravenel, Mr. Reed, Mr. Reynolds, Mr.
Romero-Barcelo, Mr. Sabo, Mr. Sawyer, Mr. Saxton, Mr. Schaefer, Mr.
Schiff, Mr. Serrano, Mr. Sharp, Mr. Skeen, Mr. Slattery, Ms.
Slaughter, Mr. Smith of Texas, Mr. Spence, Mr. Spratt, Mr. Stupak,
Mr. Tanner, Mr. Tauzin, Mr. Taylor of North Carolina, Mrs. Thurman,
Mr. Torricelli, Mr. Towns, Mr. Traficant, Mr. Valentine, Ms.
Velazquez, Mr. Vento, Mr. Volkmer, Mrs. Vucanovich, Mr. Walsh, Ms.
Waters, Mr. Waxman, Mr. Whitten, Mr. Wilson, Mr. Wise, Mr. Wolf, Ms.
Woolsey, Mr. Wynn, and Mr. Young of Alaska), [4MY]
Cosponsors added, [30JN], [21JY]
Committee discharged. Passed House, [25JY]
Passed Senate, [21SE]
Presented to the President (September 26, 1994)
Approved [Public Law 103-347] (signed October 6, 1994)
H.J. Res. 364--
Joint resolution designating June as ``African-American Music Month'';
to the Committee on Post Office and Civil Service.
By Mr. BLACKWELL (for himself, Mr. Mfume, Mr. Foglietta, Mr. Nadler,
Mr. Conyers, Mr. Engel, Mr. Frost, Mr. Romero-Barcelo, Mr. Kleczka,
Ms. Velazquez, Ms. Norton, Mr. Wilson, Mr. Clyburn, Mr. Underwood,
Mr. Watt, Mr. Owens, Mr. Lancaster, Mr. Dellums, Mr. Thompson, Mr.
Scott, Ms. Brown of Florida, Mr. Jefferson, Mr. Payne of New Jersey,
Mr. Washington, Mr. Tucker, Mr. Towns, and Mr. Rush), [5MY]
Cosponsors added, [18MY], [26MY], [14JN], [29JN], [1AU]
H.J. Res. 365--
Joint resolution to designate August 16, 1994, as ``TV Nation Day''; to
the Committee on Post Office and Civil Service.
By Mr. COBLE (for himself and Mr. Flake), [10MY]
Cosponsors added, [12AU], [16AU]
[[Page 2662]]
H.J. Res. 366--
Joint resolution to proclaim the week of October 16 through October 22,
1994, as ``National Character Counts Week''; to the Committee on
Post Office and Civil Service.
By Mr. HALL of Ohio (for himself, Mr. Wolf, Mr. Hamilton, Mr. Hyde,
Mr. Moakley, Mr. Emerson, Mr. Hughes, and Mr. Smith of Michigan),
[11MY]
Cosponsors added, [30JN], [28JY], [4AU]
Cosponsors removed, [3AU]
H.J. Res. 367--
Joint resolution to provide a congressional medal to the courageous
citizen who exposed the conspiracy to murder millions of Americans;
to the Committee on Energy and Commerce.
By Mr. STARK, [18MY]
H.J. Res. 368--
Joint resolution proposing an amendment to the Constitution of the
United States providing for 4-year terms for Members of the House of
Representatives; to the Committee on the Judiciary.
By Mr. HUTTO (for himself, Mr. Taylor of Mississippi, Ms. Harman, Mr.
McCurdy, Mr. Montgomery, Mr. Ortiz, Mr. Laughlin, Mr. Lightfoot, Mr.
Callahan, Mr. Stump, Mr. Everett, Mr. Gibbons, Mr. Roth, Mr.
Martinez, and Mr. Solomon), [20MY]
H.J. Res. 369--
Joint resolution designating September 16, 1994, as ``National POW/MIA
Recognition Day'' and authorizing display of the National League of
Families POW/MIA flag; jointly, to the Committees on Post Office and
Civil Service; Veterans' Affairs.
By Mr. GILMAN, [24MY]
Cosponsors added, [16JN], [26JY], [27JY], [8AU], [9AU], [10AU], [12AU]
H.J. Res. 370--
Joint resolution designating May 25, 1995, as ``National Tap Dance
Day''; to the Committee on Post Office and Civil Service.
By Mr. CONYERS, [25MY]
H.J. Res. 371--
Joint resolution designating June 10, 1995, as ``Portuguese American
Friendship Day''; to the Committee on Post Office and Civil Service.
By Mr. POMBO, [26MY]
H.J. Res. 372--
Joint resolution disapproving the extension of nondiscriminatory
treatment--most-favored-nation treatment--to the products of the
People's Republic of China; to the Committee on Ways and Means.
By Mr. SOLOMON, [26MY]
H.J. Res. 373--
Joint resolution disapproving the extension of nondiscriminatory
treatment--most-favored-nation treatment--to the products of the
People's Republic of China; to the Committee on Ways and Means.
By Mr. SOLOMON, [8JN]
Cosponsors added, [9JN], [15JN], [21JN], [29JN]
Reported (H. Rept. 103-575), [30JN]
Failed of passage, [9AU]
H.J. Res. 374--
Joint resolution designating August 2, 1994, as ``National Neighborhood
Crime Watch Day''; to the Committee on Post Office and Civil
Service.
By Mr. STUPAK, [9JN]
Cosponsors added, [22JN], [27JN], [29JN], [12JY], [19JY], [20JY],
[21JY]
Committee discharged. Passed House amended, [25JY]
Passed Senate, [2AU]
Presented to the President (August 4, 1994)
Approved [Public Law 103-293] (signed August 11, 1994)
H.J. Res. 375--
Joint resolution designating September 21, 1994, as ``National Wartime
Nurses Recognition Day''; to the Committee on Post Office and Civil
Service.
By Mr. MONTGOMERY (by request), [13JN]
H.J. Res. 376--
Joint resolution designating the third Friday of September of each year
as ``National POW/MIA Recognition Day''; to the Committee on Post
Office and Civil Service.
By Mr. MONTGOMERY (by request), [13JN]
Cosponsors added, [12SE]
H.J. Res. 377--
Joint resolution designating June 27, 1994, as ``Veterans Employment
Day''; to the Committee on Post Office and Civil Service.
By Mr. MONTGOMERY (for himself and Mr. Stump), [16JN]
H.J. Res. 378--
Joint resolution commemorating June 22, 1994, as the 50th anniversary of
the Servicemen's Readjustment Act of 1944; to the Committee on Post
Office and Civil Service.
By Mr. MONTGOMERY (for himself and Mr. Stump), [17JN]
Cosponsors added, [21JN], [22JN], [23JN], [24JN], [28JN], [30JN],
[12JY], [21JY], [8AU], [12SE]
H.J. Res. 379--
Joint resolution to provide for a settlement of the railroad labor-
management disputes between the Long Island Rail Road Co. and
certain of its employees represented by the United Transportation
Union; to the Committee on Energy and Commerce.
By Mr. ACKERMAN (for himself, Mr. King, Mr. Lazio, Mr. Levy, Mr.
Hochbrueckner, Mr. Rangel, Ms. Molinari, Mr. Torres, Mr. Paxon, Mr.
Serrano, Mr. Fish, Ms. Velazquez, Mr. Houghton, Ms. Lowey, and Mr.
Schumer), [17JN]
H.J. Res. 380--
Joint resolution to designate the year 1995 as ``Jazz Centennial Year'';
to the Committee on Post Office and Civil Service.
By Mr. JEFFERSON, [17JN]
H.J. Res. 381--
Joint resolution to designate May 1995 ``Multiple Sclerosis Association
of America Month''; to the Committee on Post Office and Civil
Service.
By Mr. ANDREWS of New Jersey, [21JN]
Cosponsors added, [12JY], [19JY], [21JY], [1AU], [5AU], [10AU], [18AU]
H.J. Res. 382--
Joint resolution designating September 11, 1994, as ``National Neonatal
Nurses Day''; to the Committee on Post Office and Civil Service.
By Ms. EDDIE BERNICE JOHNSON of Texas (for herself, Ms. Waters, Mrs.
Mink of Hawaii, Mr. Walsh, Mr. LaFalce, Mrs. Meek of Florida, Ms.
Pelosi, Mr. Flake, Mr. Emerson, Mr. Barrett of Wisconsin, Mr.
Hughes, Mr. Klein, Mr. Scott, Mr. Hilliard, Mr. Pete Geren of Texas,
Mr. Blackwell, Mr. Sanders, Mr. Fingerhut, Mr. Jefferson, and Mr.
Dellums), [22JN]
Cosponsors added, [22JY], [1AU], [9AU], [17AU]
H.J. Res. 383--
Joint resolution to designate September 13, 1994, as ``Commodore John
Barry Day''; to the Committee on Post Office and Civil Service.
By Mr. McNULTY (for himself, Mr. Fish, Mr. Coyne, Mr. McDade, Mr.
Montgomery, Mr. Smith of New Jersey, Mr. Meehan, Mr. King, Mr.
Kennedy, Mr. Walsh, Mr. Richardson, Mr. Applegate, Mr. Engel, Mr.
Conyers, Ms. Lowey, Mr. Evans, and Mr. Gilman), [27JN]
Cosponsors added, [30JN], [14JY], [20JY], [3AU], [9AU], [19AU]
H.J. Res. 384--
Joint resolution to designate the week of February 6, 1995, as
``National Inventors Week''; to the Committee on Post Office and
Civil Service.
By Mr. KIM (for himself, Mr. Ackerman, Mr. Bacchus of Florida, Mr.
Bachus of Alabama, Mr. Baker of California, Mr. Bartlett of
Maryland, Mr. Bonilla, Mr. Brown of California, Mr. Calvert, Mr.
Castle, Mr. Coble, Mr. Crapo, Mr. DeLay, Mr. Dickey, Mr. Doolittle,
Mr. Dornan, Mr. Dreier, Mr. Duncan, Mr. Franks of New Jersey, Mr.
Gallegly, Mr. Pete Geren of Texas, Mr. Gilman, Mr. Gingrich, Mr. Sam
Johnson, Mr. Kingston, Mr. Levy, Mr. Lewis of California, Mr.
Linder, Mr. Martinez, Mr. McHugh, Mr. McKeon, Mr. Miller of Florida,
Mr. Moorhead, Mr. Packard, Mr. Rohrabacher, Mr. Royce, Mr. Sawyer,
Mr. Smith of Texas, Mr. Smith of Michigan, Mr. Filner, and Mr.
Hutchinson), [30JN]
Cosponsors added, [13SE]
H.J. Res. 385--
Joint resolution to designate February 2, 1995, and February 1, 1996, as
``National Women and Girls in Sports Day''; to the Committee on Post
Office and Civil Service.
By Ms. MOLINARI (for herself, Mr. Richardson, Mr. Quinn, Ms. Pryce of
Ohio, Mr. Borski, Mr. Ackerman, Mr. Kasich, Mr. Hoke, Mr. Castle,
Mr. Valentine, Mr. Mineta, Mr. Emerson, Mrs. Unsoeld, Mrs. Fowler,
Mr. Blute, Ms. Brown of Florida, Ms. Collins of Michigan, Mr. Franks
of Connecticut, Mr. Gunderson, Mr. Houghton, Mr. Rangel, Mrs.
Johnson of Connecticut, Mr. Thompson, Mr. Waxman, Mrs. Morella, Mr.
Dingell, Mr. Sanders, Mr. Schumer, Mr. Synar, Mr. Walsh, Mr. Wolf,
Mr. Frost, Mr. Traficant, Ms. Furse, Mrs. Kennelly, Mrs. Mink of
Hawaii, Mr. Skeen, Mr. Calvert, Mr. Andrews of Maine, Ms. Snowe, Mr.
Bacchus of Florida, Ms. Norton, Mr. Fish, and Mr. Flake), [30JN]
Cosponsors added, [14JY], [20JY], [26JY], [3AU], [5AU], [10AU],
[12AU], [18AU], [20SE], [23SE], [26SE], [28SE], [29SE], [30SE],
[3OC], [4OC], [5OC], [7OC]
H.J. Res. 386--
Joint resolution to designate September 14, 1994, as ``Mercy Otis Warren
Day''; to the Committee on Post Office and Civil Service.
By Mr. HUGHES, [12JY]
H.J. Res. 387--
Joint resolution to designate the second week of August 1994 as
``National U.S. Seafood Week''; to the Committee on Post Office and
Civil Service.
By Mr. YOUNG of Alaska, [12JY]
Cosponsors added, [20JY], [5AU], [19SE]
H.J. Res. 388--
Joint resolution recognizing the anniversaries of the Warsaw uprising
and the Polish resistance to the invasion of Poland during World War
II; to the Committee on Foreign Affairs.
By Ms. KAPTUR, [14JY]
Cosponsors added, [19JY], [21JY], [22JY], [25JY]
Rules suspended. Passed House, [25JY]
H.J. Res. 389--
Joint resolution to designate the second Sunday in October of 1994 as
``National Children's Day''; to the Committee on Post Office and
Civil Service.
By Mr. KENNEDY (for himself, Mr. Andrews of New Jersey, Mr. Bacchus of
Florida, Mr. Bateman, Mr. Bilbray, Mr. Barrett of Wisconsin, Mr.
Bilirakis, Ms. Brown of Florida, Mrs. Byrne, Mr. Clay, Mrs. Clayton,
Mrs. Collins of Illinois, Mr. Cooper, Mr. Cramer, Mr. DeFazio, Mr.
de Lugo, Mr. Dingell, Mr. Emerson, Mr. Engel, Mr. Evans, Mr. Filner,
Mr. Fingerhut, Mr. Fish, Mr. Flake, Mr. Frank of Massachusetts, Mr.
Frost, Ms. Furse, Mr. Gonzalez, Mr. Gordon, Mr. Gene Green of Texas,
Mr. Hefner, Mr. Hinchey, Mr. Hilliard, Mr. Hochbrueckner, Mr.
Hughes, Mr. Hutto, Mr. Jefferson, Ms. Eddie Bernice Johnson of
Texas, Mr. Johnson of South Dakota, Mrs. Kennelly, Mr. Kleczka, Mr.
Klein, Mr. LaFalce, Mr. Lancaster, Mr. Lantos, Mr. Lewis of Georgia,
Mr. Lipinski, Mr. McCloskey, Mr. McDermott, Mr. McHale, Mr. McNulty,
Mrs. Meek of Florida, Mr. Mineta, Mr. Montgomery, Mr. Moran, Mrs.
Morella, Mr. Murtha, Mr. Neal of Massachusetts, Ms. Norton, Mr.
Orton, Mr. Parker, Mr. Poshard, Mr. Price of North Carolina, Mr.
Quillen, Mr. Quinn, Mr. Rangel, Mr. Reed, Mr. Reynolds, Mr.
Richardson, Mr. Roemer, Mr. Rose, Mr. Saxton, Mr. Sanders, Mr.
Scott, Mr. Serrano, Mr. Stokes, Mrs. Thurman, Mr. Towns, Ms.
Velazquez, Mr. Vento, Mr. Walsh, Ms. Waters, and Mr. Wynn), [14JY]
Cosponsors added, [11AU], [19SE], [26SE], [27SE], [28SE], [30SE]
Committee discharged. Passed House, [30SE]
Passed Senate, [4OC]
Presented to the President (October 7, 1994)
Approved [Public Law 103-361] (signed October 14, 1994)
H.J. Res. 390--
Joint resolution designating September 17, 1994, as ``Constitution
Day''; to the Committee on Post Office and Civil Service.
By Mr. BORSKI (for himself, Mr. Blackwell, Mr. Clinger, Mr. Coyne, Mr.
Foglietta, Mr. Gekas, Mr. Goodling, Mr. Greenwood, Mr. Holden, Mr.
Kanjorski, Mr. Klink, Ms. Margolies-Mezvinsky, Mr. McDade, Mr.
McHale, Mr. Murphy, Mr. Murtha, Mr. Ridge, Mr. Shuster, Mr. Weldon,
Mr. Abercrombie, Mr. Andrews of Texas, Mr. Andrews of New Jersey,
Mr. Andrews of Maine, Mr. Applegate, Mr. Bacchus of Florida, Mr.
Barrett of Wisconsin, Mr. Bateman, Mrs. Bentley, Mr. Berman, Mr.
Bevill, Mr. Bilbray, Mr. Bilirakis, Mr. Bishop, Mr. Bliley, Mr.
Brewster, Mr. Brooks, Mr. Browder, Ms. Brown of Florida, Mr. Brown
of California, Mrs. Bryne, Mr. Callahan, Mr. Calvert, Ms. Cantwell,
Mr. Carr, Mr. Chapman, Mr. Clement, Mr. Clyburn, Mr. Coble, Ms.
Collins of Michigan, Mr. Conyers, Mr. Cox, Mr. Cramer, Mr. Darden,
Mr. de la
[[Page 2663]]
Garza, Ms. DeLauro, Mr. Dellums, Mr. de Lugo, Mr. Deutsch, Mr. Diaz-
Balart, Mr. Dingell, Mr. Dixon, Mr. Edwards of Texas, Mr. Emerson,
Mr. Engel, Ms. English of Arizona, Mr. Evans, Mr. Ewing, Mr. Fazio,
Mr. Faleomavaega, Mr. Fields of Louisiana, Mr. Filner, Mr. Fish, Mr.
Flake, Mrs. Fowler, Mr. Frank of Massachusetts, Mr. Frost, Mr.
Gallo, Mr. Pete Geren of Texas, Mr. Gilman, Mr. Glickman, Mr.
Gonzalez, Mr. Gordon, Mr. Grams, Mr. Gene Green of Texas, Mr.
Gunderson, Mr. Hall of Texas, Mr. Hall of Ohio, Mr. Hamilton, Mr.
Hansen, Mr. Hefner, Mr. Hinchey, Mr. Hilliard, Mr. Hoagland, Mr.
Hobson, Mr. Hochbrueckner, Mr. Hoyer, Mr. Hughes, Mr. Hutchinson,
Mr. Hutto, Mr. Hyde, Mr. Jacobs, Mr. Jefferson, Ms. Eddie Bernice
Johnson of Texas, Mr. Johnson of South Dakota, Ms. Kaptur, Mr.
Kasich, Mr. Kennedy, Mrs. Kennelly, Mr. Kildee, Mr. Kim, Mr.
Kingston, Mr. King, Mr. Kleczka, Mr. Klein, Mr. Kopetski, Mr.
Kreidler, Mr. LaFalce, Mr. LaRocco, Mr. Lancaster, Mr. Lantos, Mr.
Leach, Mr. Lewis of California, Mr. Lewis of Georgia, Mr. Levin, Mr.
Lipinski, Mr. Livingston, Mrs. Lowey, Mrs. Maloney, Mr. Martinez,
Mr. Matsui, Mr. McCloskey, Mr. McCollum, Mr. McDermott, Mr. McInnis,
Mr. McNulty, Mr. Meehan, Mrs. Meek of Florida, Mr. Menendez, Mrs.
Meyers of Kansas, Mrs. Mink of Hawaii, Ms. Molinari, Mr. Montgomery,
Mr. Moran, Mrs. Morella, Mr. Myers of Indiana, Mr. Nadler, Mr. Neal
of Massachusetts, Mr. Neal of North Carolina, Ms. Norton, Mr.
Oberstar, Mr. Ortiz, Mr. Owens, Mr. Oxley, Mr. Packard, Mr. Pallone,
Mr. Pastor, Mr. Payne of New Jersey, Mr. Peterson of Florida, Ms.
Pelosi, Mr. Porter, Mr. Poshard, Mr. Quillen, Mr. Quinn, Mr. Rahall,
Mr. Ramstad, Mr. Ravenel, Mr. Reed, Mr. Richardson, Mr. Romero-
Barcelo, Ms. Roybal-Allard, Mr. Sabo, Mr. Sanders, Mr. Sangmeister,
Mr. Sarpalius, Mr. Sawyer, Mr. Saxton, Mr. Schaefer, Mr. Schiff, Mr.
Scott, Mr. Serrano, Mr. Sharp, Mr. Sisisky, Mr. Skeen, Mr. Slattery,
Ms. Slaughter, Mr. Smith of New Jersey, Mr. Smith of Michigan, Mr.
Smith of Texas, Mr. Smith of Iowa, Mr. Spratt, Mr. Spence, Mr.
Stearns, Mr. Stupak, Mr. Tauzin, Mr. Tejeda, Mr. Thompson, Mrs.
Thurman, Mr. Torkildsen, Mr. Torres, Mr. Torricelli, Mr. Towns, Mr.
Traficant, Mr. Tucker, Mr. Underwood, Mrs. Unsoeld, Mr. Valentine,
Ms. Velazquez, Mr. Vento, Mr. Volkmer, Mr. Walsh, Mr. Washington,
Mr. Watt, Mr. Waxman, Mr. Wolf, Mr. Wynn, Mr. Yates, Mr. Young of
Florida, and Mr. Young of Alaska), [19JY]
Cosponsors added, [26JY], [4AU]
Committee discharged. Passed House, [5AU]
Passed Senate, [7OC]
Presented to the President (November 1, 1994)
Approved [Public Law 103-464] (signed November 9, 1994)
H.J. Res. 391--
Joint resolution to designate the week of September 12, 1994, through
September 16, 1994, as ``National Gang Violence Prevention Week'';
to the Committee on Post Office and Civil Service.
By Mrs. COLLINS of Illinois, [20JY]
Cosponsors added, [1AU], [23SE]
H.J. Res. 392--
Joint resolution designating September 5, 1994, Labor Day, as ``Try
American Day''; to the Committee on Post Office and Civil Service.
By Mr. COX (for himself, Mr. Traficant, and Mr. Goodling), [22JY]
H.J. Res. 393--
Joint resolution to designate August 1, 1994, as ``Helsinki Human Rights
Day''; jointly, to the Committees on Post Office and Civil Service;
Foreign Affairs.
By Mr. HOYER (for himself, Mr. Porter, Mr. Frost, Mr. Smith of New
Jersey, Mr. Wolf, Mr. Johnson of South Dakota, Mr. Pastor, Mr.
Waxman, Mr. Moran, Mr. Berman, Ms. Slaughter, Mr. Hochbrueckner, Mr.
Orton, Mr. Richardson, Mr. Flake, Mr. Lantos, Mr. Bateman, Mr.
Towns, Mr. Wilson, Mr. Torricelli, Mr. Serrano, Mr. Hastings, Mr.
Lipinski, Mr. Gordon, Mr. Walsh, Mr. McNulty, Mr. Gilman, Ms.
DeLauro, Mr. Cardin, Mr. Fish, Mr. Clement, Mr. Swett, Mrs. Meyers
of Kansas, Mr. Lancaster, Mr. Dellums, Mr. Hughes, Mr. Ackerman, Mr.
Lehman, Mr. McCloskey, Mr. Bilbray, Ms. Norton, Mr. Markey, Mr.
Applegate, Mr. DeFazio, and Mr. Romero-Barcelo), [25JY]
H.J. Res. 394--
Joint resolution declaring that the preborn are persons entitled to the
guarantees contained in the fifth, thirteenth, and fourteenth
amendments to the Constitution of the United States of America and
prohibiting abortion within the United States; to the Committee on
the Judiciary.
By Mr. DORNAN, [28JY]
H.J. Res. 395--
Joint resolution to proclaim August 9, 1994 as ``Smokey Bear's 50th
Anniversary''; to the Committee on Post Office and Civil Service.
By Mr. de la GARZA (for himself, Mr. Roberts, Mr. Rose, Mr. Lewis of
Florida, Mr. Vento, and Mr. Miller of California), [29JY]
H.J. Res. 396--
Joint resolution proposing an amendment to the Constitution of the
United States to provide that no person born in the United States
will be a U.S. citizen on account of birth in the United States
unless a parent is a U.S. citizen at the time of the birth; to the
Committee on the Judiciary.
By Mr. CALLAHAN (for himself, Mr. Stump, Mr. Traficant, and Mr.
Everett), [1AU]
H.J. Res. 397--
Joint resolution designating the week beginning September 12, 1994, as
``National Hispanic Business Week''; to the Committee on Post Office
and Civil Service.
By Mr. TORRES, [2AU]
Cosponsors added, [12AU], [17AU], [26AU], [13SE]
H.J. Res. 398--
Joint resolution to establish the fourth Sunday of July as ``Parents'
Day''; to the Committee on Post Office and Civil Service.
Mr. BURTON of Indiana (for himself, Mr. Flake, Mr. McNulty, Mr.
Barrett of Nebraska, Mr. Goodlatte, Mr. Barton of Texas, Mrs.
Fowler, Mrs. Vucanovich, Mr. Johnson of Georgia, Mr. Hoke, Mr.
Hochbrueckner, Mr. Jefferson, Mrs. Meek of Florida, Mr. Cox, Mr.
Dornan, Mrs. Morella, Mr. Moran, and Mr. Barrett of Wisconsin),
[8AU]
Cosponsors added, [12SE], [13SE], [19SE], [21SE], [23SE], [28SE],
[29SE], [30SE]
Committee discharged. Passed House, [30SE]
Passed Senate, [4OC]
Presented to the President (October 7, 1994)
Approved [Public Law 103-362] (signed October 14, 1994)
H.J. Res. 399--
Joint resolution designating August 29, 1994, as ``National Sarcoidosis
Awareness Day''; to the Committee on Post Office and Civil Service.
By Mr. BISHOP, [8AU]
Cosponsors added, [18AU], [7OC]
H.J. Res. 400--
Joint resolution to designate October 20, 1994, as ``Leyte Landing
Day''; to the Committee on Post Office and Civil Service.
By Mr. GUTIERREZ, [10AU]
Cosponsors added, [22SE], [23SE], [5OC]
H.J. Res. 401--
Joint resolution designating the months of March 1995 and March 1996 as
``Irish-American Heritage Month''; to the Committee on Post Office
and Civil Service.
By Mr. MANTON, [11AU]
Cosponsors added, [16SE], [19SE], [20SE], [22SE], [26SE], [27SE],
[28SE], [29SE], [30SE]
Committee discharged. Passed House, [30SE]
Passed Senate, [4OC]
Presented to the President (October 11, 1994)
Approved [Public Law 103-379] (signed October 19, 1994)
H.J. Res. 402--
Joint resolution to designate the week beginning March 12, 1995, as
``National Manufacturing Week''; to the Committee on Post Office and
Civil Service.
By Mr. Franks of New Jersey (for himself, Mr. Meehan, Mr. Gallo, Mr.
Quinn, Mr. Olver, Mr. Ackerman, Mr. Lipinski, Mr. Hinchey, Mr.
Torkildsen, Mrs. Kennelly, Mr. McNulty, Mr. Blute, Mr. Machtley, Mr.
Reed, Mr. Evans, Mr. Klink, Mr. Kasich, Mr. Fingerhut, Mrs. Johnson
of Connecticut, Mr. Swett, and Mr. Coyne), [12AU]
Cosponsors added, [16SE], [20SE], [27SE], [4OC], [6OC]
H.J. Res. 403--
Joint resolution to designate October 1, 1994, as ``National Incest and
Sexual Abuse Healing Day''; to the Committee on Post Office and
Civil Service.
By Ms. MOLINARI (for herself, Mr. Baker of California, Mr. Camp, Mr.
Hoekstra, Mr. King, Mr. Levy, Mrs. Maloney, Mr. McCrery, Mrs.
Morella, Mr. Quinn, Mrs. Roukema, Mr. Sandquist, Mr. Torricelli, Mr.
Traficant, and Ms. Velazquez), [18AU]
Cosponsors added, [13SE], [23SE], [30SE]
H.J. Res. 404--
Joint resolution designating March 26, 1995, as ``Native American
Heritage Day''; to the Committee on Post Office and Civil Service.
By Mr. STUPAK, [18AU]
H.J. Res. 405--
Joint resolution to commend the United States rice industry, and for
other purposes; jointly, to the Committees on Post Office and Civil
Service; Agriculture.
By Mr. de la GARZA (for himself, Mr. Roberts, Mr. Sarpalius, Mr.
Emerson, Mr. Thornton, Mr. McCrery, Mr. Fazio, Mr. Dickey, Mr.
Wilson, Mr. Hayes, Mr. Doolittle, Mr. Matsui, Mr. Laughlin, Mr.
Hutchinson, and Mr. Brooks), [20AU]
Cosponsors added, [20SE], [30SE], [3OC], [4OC], [7OC]
H.J. Res. 406--
Joint resolution to approve the location of a World War II Memorial in
the Nation's Capitol; to the Committee on Natural Resources.
By Ms. KAPTUR, [21AU]
H.J. Res. 407--
Joint resolution proposing an amendment to the Constitution of the
United States relative to the free exercise of religion; to the
Committee on the Judiciary.
By Mr. MONTGOMERY, [12SE]
H.J. Res. 408--
Joint resolution to designate June 11, 1995, as ``D-Day Widows and
Orphans National Recognition Day''; to the Committee on Post Office
and Civil Service.
By Mr. QUILLEN, [12SE]
H.J. Res. 409--
Joint resolution designating October 23, 1994, through October 31, 1994,
as ``National Red Ribbon Week for a Drug-Free America''; to the
Committee on Post Office and Civil Service.
By Mr. TALENT, [13SE]
Cosponsors added, [21SE], [26SE], [3OC]
H.J. Res. 410--
Joint resolution to authorize the President to issue a proclamation
designating October 1994 as ``National Spina Bifida Prevention
Month''; to the Committee on Post Office and Civil Service.
By Mr. BREWSTER, [20SE]
Cosponsors added, [7OC]
H.J. Res. 411--
Joint resolution designating October 29, 1994, as ``National
Firefighters Day''; to the Committee on Post Office and Civil
Service.
By Mr. HOYER (for himself, Mr. Weldon, Mr. Valentine, and Mr.
Boehlert), [20SE]
Cosponsors added, [30SE], [4OC], [5OC], [6OC], [7OC]
Committee discharged. Passed House, [7OC]
H.J. Res. 412--
Joint resolution to express the sense of the Congress in commemoration
of the 75th anniversary of Grand Canyon National Park; to the
Committee on Natural Resources.
By Mr. STUMP (for himself, Mr. Coppersmith, Ms. English of Arizona,
Mr. Kolbe, and Mr. Pastor), [20SE]
H.J. Res. 413--
Joint resolution designating November 1, 1994, as ``National Family
Literacy Day''; to the Committee on Post Office and Civil Service.
By Mr. GOODLING (for himself and Mr. Sawyer), [22SE]
Cosponsors added, [6OC]
Committee discharged. [7OC]
Referred to the Committee on the Judiciary, [8OC]
H.J. Res. 414--
Joint resolution to authorize and encourage States to adopt interstate
compacts for the regulation of interstate insurance; jointly, to the
Committees on the Judiciary; Energy and Commerce.
By Mr. McMILLAN, [23SE]
H.J. Res. 415--
Joint resolution designating the week beginning October 16, 1994, as
``National Penny Charity Week''; to the Committee on Post Office and
Civil Service.
[[Page 2664]]
By Mr. PORTER (for himself, Mr. Clay, and Mr. Myers of Indiana),
[27SE]
Cosponsors added, [30SE]
Committee discharged. Passed House, [30SE]
Passed Senate, [4OC]
Cosponsors removed, [6OC]
Presented to the President (October 7, 1994)
Approved [Public Law 103-363] (signed October 14, 1994)
H.J. Res. 416--
Joint resolution providing limited authorization for the participation
of United States Armed Forces in the multinational force in Haiti
and providing for the prompt withdrawal of United States Armed
Forces from Haiti; jointly, to the Committees on Foreign Affairs;
Rules.
By Mr. TORRICELLI (for himself and Mr. Hamilton), [28SE]
Reported (H. Rept. 103-819), [3OC]
Considered, [5OC]
Passed House amended, [7OC]
Laid on the table (S.J. Res. 229 passed in lieu), [7OC]
H.J. Res. 417--
Joint resolution providing for temporary extension of the application of
the final paragraph of section 10 of the Railway Labor Act with
respect to the dispute between the Soo Line Railroad Co. and certain
of its employees; to the Committee on Energy and Commerce.
By Mr. DINGELL (for himself, Mr. Moorhead, Mr. Swift, and Mr. Oxley),
[28SE]
Passed Senate, [5OC]
Presented to the President (October 11, 1994)
Approved [Public Law 103-380] (signed October 19, 1994)
H.J. Res. 418--
Joint resolution designating October 19, 1994, as ``National Mammography
Day''; to the Committee on Post Office and Civil Service.
By Mrs. LLOYD (for herself, Mr. Walsh, Mr. Slattery, Mr. Dellums, Ms.
Pelosi, Mr. Sawyer, Mr. Tanner, Mr. Hochbrueckner, Mr. Farr, Mr.
Gordon, Mr. Gutierrez, Mr. McDermott, Mr. Cramer, Mr. Oberstar, Mr.
Cooper, Mr. Mazzoli, Mr. McCrery, Mr. Sangmeister, Mr. Ballenger,
Mr. Blute, Mr. Stearns, Ms. Danner, Mr. Beilenson, Mr. Bateman, Mrs.
Maloney, Mrs. Meek of Florida, Mr. Mineta, Mrs. Vucanovich, Mr.
Duncan, Mr. Valentine, Mr. Brown of Ohio, Mr. Bevill, Mr. Roemer,
Mr. Dornan, and Mr. Studds), [28SE]
Cosponsors added, [29SE], [30SE], [4OC], [6OC], [7OC]
H.J. Res. 419--
Joint resolution designating the week beginning October 23, 1994, as
``Center City Church Week''; to the Committee on Post Office and
Civil Service.
By Mr. HASTERT (for himself and Mr. Hall of Ohio), [30SE]
Cosponsors added, [6OC]
H.J. Res. 420--
Joint resolution to approve the location of a Thomas Paine Memorial; to
the Committee on Natural Resources.
By Ms. LOWEY, [30SE]
H.J. Res. 421--
Joint resolution designating the week of November 6, 1994 through
November 12, 1994, ``National Health Information Management Week'';
to the Committee on Post Office and Civil Service.
By Mr. MURPHY, [30SE]
H.J. Res. 422--
Joint resolution designating December 1994 as ``Goods for Guns Month'';
to the Committee on Post Office and Civil Service.
By Mr. SCHUMER, [30SE]
Cosponsors added, [6OC], [29NO]
H.J. Res. 423--
Joint resolution designating February 27, 1995, as ``John Steinbeck
Day''; to the Committee on Post Office and Civil Service.
By Mr. FARR, [4OC]
H.J. Res. 424--
Joint resolution proposing an amendment to the Constitution of the
United States relating to voluntary school prayer; to the Committee
on the Judiciary.
By Mr. ISTOOK (for himself, Mr. Inhofe, Mr. Barrett of Nebraska, Mr.
Bateman, Mr. Dornan, Mr. Moorhead, Mr. Hansen, Mr. DeLay, Mr.
McNulty, Mr. Skeen, Mr. Baker of California, Mr. Roberts, Mr.
Livingston, Mr. Packard, Mr. Callahan, Mrs. Vucanovich, Mr. Hutto,
Mr. Taylor of North Carolina, Mr. Ballenger, Mr. Bunning, Mr. Armey,
Mr. Bartlett of Maryland, Mr. Bachus of Alabama, Mr. Kingston, Mr.
Doolittle, Mr. Duncan, Mr. Emerson, Mr. Goodlatte, Mr. Herger, Mr.
Hancock, Mr. McCollum, Mr. Solomon, Mr. Taylor of Mississippi, Mr.
Brewster, Mr. Pete Geren of Texas, Mr. Dickey, Mr. Ewing, Mr.
Gingrich, Mr. Hall of Texas, Mr. Stearns, Mr. Orton, Mr. Condit, Mr.
Hyde, Mr. Lucas, and Mr. Everett), [6OC]
H.J. Res. 425--
Joint resolution providing for the convening of the first session of the
104th Congress.
By Mr. HOYER, [7OC]
Passed House, [7OC]
Passed Senate, [8OC]
Presented to the President (October 18, 1994)
Approved [Public Law 103-395] (signed October 22, 1994)
H.J. Res. 426--
Joint resolution designating October 24, 1995, as ``United Nations
Day''; to the Committee on Post Office and Civil Service.
By Mr. COYNE, [7OC]
H.J. Res. 427--
Joint resolution proposing an amendment to the Constitution of the
United States to disqualify from certain offices persons who have
been convicted of a crime for which a penalty of imprisonment of 6
months or more may be imposed; to the Committee on the Judiciary.
By Mr. FRANKS of Connecticut, [7OC]
H.J. Res. 428--
Joint resolution proposing an amendment to the Constitution of the
United States relative to the desecration of the American flag; to
the Committee on the Judiciary.
By Mr. PICKETT, [7OC]
H.J. Res. 429--
A joint resolution designating May 26, through 29, 1995, as ``Peruvian
Institutions in the United States of America Week''; to the
Committee on Post Office and Civil Service.
By Mr. GUTIERREZ, [29NO]
[[Page 2665]]
HOUSE CONCURRENT RESOLUTIONS
------------------------------------------------------------------------
H. Con. Res. 3--
Concurrent resolution expressing the sense of the Congress with respect
to the right of all Americans to keep and bear arms in defense of
life or liberty and in the pursuit of all other legitimate
endeavors; to the Committee on the Judiciary.
Cosponsors added, [8FE], [3MR], [13AP], [18MY], [17JN], [19JY], [1AU]
H. Con. Res. 5--
Concurrent resolution expressing the sense of the Congress that any
Federal agency that utilizes the Draize rabbit eye irritancy test
should develop and validate alternative ophthalmic testing
procedures that do not require the use of animal test subjects; to
the Committee on Energy and Commerce.
Cosponsors added, [9JN], [23JN]
H. Con. Res. 6--
Concurrent resolution expressing the sense of the Congress that
increasing the effective rate of taxation by lowering the estate tax
exemption would devastate homeowners, farmers, and small business
owners, further hindering the creation of jobs and economic growth;
to the Committee on Ways and Means.
Cosponsors added, [5MY], [15JN], [29JN], [13JY]
H. Con. Res. 7--
Concurrent resolution expressing the sense of the Congress that the
current Federal income tax deduction for interest paid on debt
secured by a first or second home should not be further restricted;
to the Committee on Ways and Means.
Cosponsors added, [20AP]
H. Con. Res. 14--
Concurrent resolution expressing the sense of Congress with respect to
certain regulations of the Occupational Safety and Health
Administration; to the Committee on Education and Labor.
Committee discharged. Agreed to in the House, [7OC]
H. Con. Res. 15--
Concurrent resolution expressing the sense of the Congress regarding the
need for the President to seek the Senate's advice and consent to
ratification of the U.N. Convention on the Rights of the Child; to
the Committee on Foreign Affairs.
Cosponsors added, [25JA], [17MR], [23MR], [2MY], [11MY], [23JN],
[29JN], [12SE], [20SE]
H. Con. Res. 17--
Concurrent resolution expressing the sense of the Congress that the
President should seek to negotiate a new base rights agreement with
the Government of Panama to permit the United States Armed Forces to
remain in Panama beyond December 31, 1999, and to permit the United
States to act independently to continue to protect the Panama Canal;
to the Committee on Foreign Affairs.
Cosponsors added, [20AP], [23MY], [10JN], [19AU]
H. Con. Res. 19--
Concurrent resolution repressing the sense of the Congress regarding
terms of office for Members of the Congress; jointly, to the
Committees on the Judiciary; House Administration.
Cosponsors added, [28SE]
H. Con. Res. 20--
Concurrent resolution expressing the sense of Congress that expert
testimony concerning the nature and effect of domestic violence,
including descriptions of the experiences of battered women, should
be admissible when offered in a State court by a defendant in a
criminal case; to the Committee on the Judiciary.
Cosponsors added, [16MR], [4MY], [14JY], [5OC]
H. Con. Res. 35--
Concurrent resolution recognizing Belleville, N.J., as the birthplace of
the industrial revolution in the United States; to the Committee on
Post Office and Civil Service.
Cosponsors added, [24FE], [2MR], [3MR], [11MR], [17MR], [24MR],
[13AP], [20AP], [17MY], [20MY], [24MY], [26MY], [11AU], [13SE],
[19SE], [20SE], [21SE], [23SE], [27SE], [30SE]
Committee discharged. Agreed to in the House, [7OC]
H. Con. Res. 37--
Concurrent resolution urging the President to negotiate a comprehensive
nuclear weapons test ban; to the Committee on Foreign Affairs.
Cosponsors added, [10FE]
H. Con. Res. 42--
Concurrent resolution expressing the sense of the Congress that the job
opportunities and basic skills training program [JOBS] should be
fully funded; to the Committee on Education and Labor.
Cosponsors added, [3FE]
H. Con. Res. 47--
Concurrent resolution concerning criminal aliens; to the Committee on
the Judiciary.
Cosponsors added, [2MR]
H. Con. Res. 48--
Concurrent resolution expressing the sense of the Congress in favor of
the more equitable and more uniform treatment of federally funded
and federally administered retirement programs for purposes of any
deficit-reduction measures; to the Committee on Government
Operations.
Cosponsors added, [7FE], [8MR]
H. Con. Res. 49--
Concurrent resolution concerning the appointment of a special envoy to
Northern Ireland; to the Committee on Foreign Affairs.
Cosponsors added, [22JY], [29NO]
H. Con. Res. 52--
Concurrent resolution expressing the sense of Congress that equitable
mental health care benefits must be included in any health care
reform legislation passed by Congress; jointly, to the Committees on
Ways and Means; Energy and Commerce.
Cosponsors added, [3FE], [13AP], [23MY], [24MY]
H. Con. Res. 59--
Concurrent resolution expressing the sense of Congress that any health
care reform program enacted by Congress should not discriminate in
the treatment of services relating to mental illness and substance
abuse; to the Committee on Energy and Commerce.
Cosponsors added, [19SE]
H. Con. Res. 61--
Concurrent resolution calling for the adoption of a Bill of Rights for
Northern Ireland; to the Committee on Foreign Affairs.
Cosponsors added, [29NO]
H. Con. Res. 68--
Concurrent resolution concerning the approximately 190 children and
youths at the Romanian Institution for the Unsalvageables at Sighetu
Marmatiei who are in desperate need of humanitarian assistance;
jointly, to the Committees on Foreign Affairs; the Judiciary.
Cosponsors added, [10FE]
H. Con. Res. 69--
Concurrent resolution expressing the sense of the Congress that rural
health care should be addressed in any Federal health care
legislation; to the Committee on Energy and Commerce.
Cosponsors added, [14JY], [10AU]
H. Con. Res. 84--
Concurrent resolution establishing the Ad Hoc Joint Committee on Labor
Relations for the Capitol Police; to the Committee on Rules.
Cosponsors added, [9FE], [23FE], [9MR], [17MR], [20AP], [2MY], [4MY],
[24MY], [13JN], [24JN]
H. Con. Res. 90--
Concurrent resolution to amend the Rules of the House of Representatives
and the Standing Rules of the Senate to abolish the requirement that
appropriations be authorized by laws, and to eliminate unnecessary
duplication in the functions of the standing committees of the House
and Senate, and for other purposes; to the Committee on Rules.
Cosponsors added, [14JN], [30JN], [1AU]
H. Con. Res. 91--
Concurrent resolution expressing the sense of the Congress that a
commemorative postage stamp should be issued to honor Americans held
as prisoners of war or listed as missing in action; to the Committee
on Post Office and Civil Service.
Cosponsors added, [1FE], [2MR], [9MY], [14JY]
H. Con. Res. 93--
Concurrent resolution concerning United States policy relating to the
north of Ireland; to the Committee on Foreign Affairs.
Cosponsors added, [3FE], [10FE]
H. Con. Res. 98--
Concurrent resolution expressing the sense of the Congress regarding the
accounting standards proposed by the Financial Accounting Standards
Board; to the Committee on Energy and Commerce.
Cosponsors added, [24FE], [10MR], [22MR], [24MR], [5MY], [12MY],
[23MY], [26JY], [29SE]
H. Con. Res. 100--
Concurrent resolution urging the President to redirect U.S. foreign
assistance policies and spending priorities toward promoting
sustainable development, especially the reduction of global hunger
and poverty in environmentally sound ways; to the Committee on
Foreign Affairs.
Cosponsors added, [24MR]
H. Con. Res. 103--
Concurrent resolution expressing the sense of the Congress that the
President should develop a strategy to bring the United States back
into active and full membership in the United Nations Educational,
Scientific, and Cultural Organization; to the Committee on Foreign
Affairs.
Cosponsors added, [25JA], [25MY]
H. Con. Res. 104--
Concurrent resolution expressing the sense of the Congress that the
President of the United States should not proceed toward the
normalization of diplomatic and economic relations with Socialist
Republic of Vietnam until the Vietnamese Government has furnished a
complete accounting of missing American servicemen in southeast Asia
and opened its archives to inspection; to the Committee on Foreign
Affairs.
Cosponsors added, [2FE]
H. Con. Res. 107--
Concurrent resolution expressing the sense of Congress that U.S. truck
safety standards not be compromised incident to the implementation
of the North American Free Trade Agreement; to the Committee on
Public Works and Transportation.
Cosponsors added, [2FE]
H. Con. Res. 110--
Concurrent resolution to express the sense of Congress that the
President convene a White House Conference on Tourism to recognize
travel and tourism in America as a major economic force, providing
tax revenue for thousands of cities, counties, and States, income
for hundreds of thousands of business firms, and contributing to the
Nation's growth and economic stability; jointly, to the Committees
on Public Works and Transportation; Energy and Commerce.
Cosponsors added, [25JA], [2FE], [10FE], [23FE], [7MR], [22MR],
[19AP], [23MY], [26MY], [28JY]
H. Con. Res. 111--
Concurrent resolution concerning the establishment of a South Pacific
Nuclear Free Zone; to the Committee on Foreign Affairs.
[[Page 2666]]
Cosponsors added, [10JN]
H. Con. Res. 120--
Concurrent resolution stating the disapproval of the Congress regarding
the President's unilateral deployment of United States troops as
peacekeepers to the former Yugoslav Republic of Macedonia; to the
Committee on Foreign Affairs.
Cosponsors added, [1FE], [14AP]
H. Con. Res. 122--
Concurrent resolution concerning the Former Yugoslav Republic of
Macedonia; to the Committee on Foreign Affairs.
Cosponsors added, [25JA], [8FE], [9FE], [1MR], [22MR], [13AP], [25AP],
[13JY]
H. Con. Res. 124--
Concurrent resolution concerning the emancipation of the Iranian Baha'i
community; to the Committee on Foreign Affairs.
Cosponsors added, [25JA], [1FE], [2FE], [10FE], [22FE], [17MR],
[23MR], [14AP], [18AP]
H. Con. Res. 126--
Concurrent resolution expressing the sense of the Congress that the
special health care needs of children should be addressed in any
health care reform legislation; to the Committee on Energy and
Commerce.
Cosponsors added, [11MR], [23MY]
H. Con. Res. 127--
Concurrent resolution expressing the sense of the Congress that the
President should award a medal of honor to Wayne T. Alderson in
recognition of acts performed at the risk of his life and beyond the
call of duty while serving in the U.S. Army during World War II; to
the Committee on Armed Services.
Cosponsors added, [26JA], [9FE], [12AP], [19JY]
H. Con. Res. 131--
Concurrent resolution expressing the sense of the Congress with respect
to the situation in Sudan; jointly, to the Committees on Foreign
Affairs; Banking, Finance and Urban Affairs.
H. Con. Res. 134--
Concurrent resolution expressing the sense of the Congress that the Sikh
nation should be allowed to exercise the right of self-determination
for the independence of their homeland, Punjab, Khalistan; to the
Committee on Foreign Affairs.
Cosponsors removed, [7OC]
H. Con. Res. 138--
Concurrent resolution expressing the sense of the Congress with respect
to Saudi Arabia and the General Agreement on Tariffs and Trade
[GATT]; jointly, to the Committees on Foreign Affairs; Ways and
Means.
Cosponsors added, [22FE], [22MR], [12MY], [2AU], [8AU]
H. Con. Res. 141--
Concurrent resolution regarding the resettlement of enemy prisoners of
war; to the Committee on the Judiciary.
Cosponsors added, [25JA], [2FE], [11MR], [17MR], [13AP], [12JY]
H. Con. Res. 147--
Concurrent resolution expressing the sense of the Congress that any
health care reform legislation that is enacted should require a
Senator or Representative in, or Delegate or Resident Commissioner
to, the Congress and any individual holding a position in levels I
through III of the Executive Schedule to enroll in a health plan
offering the standard benefit package; jointly, to the Committees on
House Administration; Post Office and Civil Service.
Cosponsors added, [1FE], [2FE], [3FE], [7FE], [8FE], [9FE], [10FE],
[11FE], [22FE], [1MR], [8MR], [9MR], [10MR], [16MR], [21MR], [22MR],
[23MR], [12AP], [20AP], [26MY]
H. Con. Res. 148--
Concurrent resolution relating to the Republic of China on Taiwan's
participation in the United Nations; to the Committee on Foreign
Affairs.
Cosponsors added, [25JA], [26JA], [2FE], [23FE], [9MR], [23MR],
[24MR], [18AP], [21AP], [26AP], [5MY], [10MY], [17MY], [18MY],
[23MY], [10JN], [14JN], [21JN], [22JN], [28JN], [29JN], [12JY],
[13JY], [14JY], [19JY], [21JY], [26JY], [27JY], [28JY], [2AU],
[3AU], [4AU], [5AU], [9AU], [10AU], [11AU], [16AU], [17AU], [19AU],
[12SE], [19SE], [27SE], [30SE], [3OC], [4OC], [5OC], [6OC], [7OC],
[29NO]
H. Con. Res. 150--
Concurrent resolution expressing the sense of the Congress that the
President, with the advice and consent of the Senate, should post-
humously advance Rear Adm. Husband E. Kimmel to the grade of admiral
on the retired list of the Navy and Maj. Gen. Water C. Short to the
grade of lieutenant general on the retired list of the Army; to the
Committee on Armed Services.
Cosponsors added, [23FE], [23JN], [8AU]
H. Con. Res. 151--
Concurrent resolution concerning the movement toward democracy in the
Federal Republic of Nigeria; jointly, to the Committees on Foreign
Affairs; Ways and Means.
Rules suspended. Agreed to in the House amended, [25JY]
H. Con. Res. 152--
Concurrent resolution concerning human rights and democracy in Vietnam;
to the Committee on Foreign Affairs.
Cosponsors added, [26JA], [9FE], [2MR], [10MR], [13AP], [19MY], [29JN]
H. Con. Res. 154--
Concurrent resolution concerning the need for immediate investigation
into violations of international law in the former Yugoslavia and
prosecution of persons responsible for those violations; to the
Committee on Foreign Affairs.
Cosponsors added, [2MR]
H. Con. Res. 156--
Concurrent resolution expressing the sense of Congress regarding the
coverage of members of Congress under health care reform
legislation; to the Committee on House Administration.
Cosponsors added, [23FE], [11MR], [11MY]
H. Con. Res. 159--
Concurrent resolution concerning the identification of U.S. military
personnel involved in United Nations and other multinational
peacekeeping operations for the purposes of the Geneva Convention;
to the Committee on Foreign Affairs.
Cosponsors added, [21AP]
H. Con. Res. 162--
Concurrent resolution expressing the sense of the Congress that the
President should report to Congress pursuant to section 4(a)(1) of
the War Powers Resolution as it applies to the use of United States
Armed Forces in Somalia; to the Committee on Foreign Affairs.
Cosponsors added, [14AP]
H. Con. Res. 166--
Concurrent resolution expressing the sense of the Congress with respect
to Taiwan's membership in the United Nations and other international
organizations; to the Committee on Foreign Affairs.
Cosponsors added, [1FE], [8FE], [22FE], [2MR], [3MR], [9MR], [16MR],
[24MR], [12AP], [20AP], [11MY], [19MY], [25MY], [26MY], [8JN],
[10JN], [14JN], [28JN], [29JN], [30JN], [12JY], [19JY], [21JY],
[29JY], [3AU], [5AU], [9AU], [19AU], [12SE], [19SE], [27SE], [5OC]
H. Con. Res. 167--
Concurrent resolution expressing the sense of the Congress that any
comprehensive health care reform legislation that is enacted should
ensure that women receive appropriate breast and cervical cancer
screenings and general gynecological care consistent with current
medical standards; to the Committee on Energy and Commerce.
Cosponsors added, [11FE]
H. Con. Res. 168--
Concurrent resolution relating to the Republic of China on Taiwan's
rejoining the United Nations; to the Committee on Foreign Affairs.
Cosponsors added, [19AP], [21AP], [28AP], [4MY], [14JY]
H. Con. Res. 171--
Concurrent resolution concerning the heroic rescue of Danish Jews in
World War II by the Danish people; to the Committee on Post Office
and Civil Service.
Cosponsors added, [3AU]
H. Con. Res. 173--
Concurrent resolution expressing the sense of the Congress that the
unique and vital health care services provided by osteopathic
physicians must be included in any health care benefits package
developed as part of health care system reform; to the Committee on
Energy and Commerce.
Cosponsors added, [26JA], [2MR], [13AP], [21AP], [26MY], [14JY],
[18AU], [27SE], [4OC], [6OC], [7OC]
Cosponsors removed, [21AP]
H. Con. Res. 176--
Concurrent resolution to recognize and encourage the convening of a
National Silver-Haired Congress; to the Committee on Education and
Labor.
Cosponsors added, [25JA], [2MR], [20AP], [5MY], [12MY], [17MY]
Rules suspended. Agreed to in the House, [23MY]
H. Con. Res. 177--
Concurrent resolution calling for the United States to amend the London
Convention to ban the ocean dumping of low-level radioactive waste,
and for other purposes; to the Committee on Foreign Affairs.
Cosponsors added, [3MR], [11MR], [21AP]
H. Con. Res. 179--
A concurrent resolution concerning the case of Joseph Occhipinti; to the
Committee on the Judiciary
Cosponsors added, [26JA], [3MR], [17MR], [24MR], [20AP], [25AP],
[2MY], [12MY], [13JN], [12JY], [21JY], [2AU], [20AU]
H. Con. Res. 180--
Concurrent resolution expressing the sense of the Congress with respect
to the South Pacific region; to the Committee on Foreign Affairs.
Rules suspended. Agreed to in the House amended, [22FE]
H. Con. Res. 181--
Concurrent resolution expressing the sense of the Congress that leaders
in the Middle East should consider establishing a Conference on
Security and Cooperation in the Middle East; to the Committee on
Foreign Affairs.
Cosponsors added, [19JY]
H. Con. Res. 184--
Concurrent resolution expressing the sense of Congress that the U.S.
Trade Representative should establish a new position of Assistant
U.S. Trade Representative for Small Business; to the Committee on
Ways and Means.
Cosponsors added, [3MR], [21AU]
H. Con. Res. 185--
Concurrent resolution expressing the sense of the Congress that the
current Canadian quota regime on chicken imports should be removed
as part of the Uruguay round multilateral trade negotiations and
that the imposition of quotas by Canada on United States processed
chicken violates article XI of the General Agreement on Tariffs and
Trade; to the Committee on Ways and Means.
Cosponsors added, [26JA]
H. Con. Res. 186--
Concurrent resolution in support of the United National Secretary
General's current efforts regarding Cyprus; to the Committee on
Foreign Affairs.
Cosponsors added, [25JA], [12AP], [25AP], [11AU]
H. Con. Res. 188--
Concurrent resolution expressing the sense of the Congress that a
dramatic new direction in Federal Government energy research,
development, demonstration, and commercialization funding priorities
should be adopted to improve environmental protection, create new
jobs, enhance U.S. competitiveness, and reduce the trade deficit;
jointly, to the Committees on Energy and Commerce; Science, Space,
and Technology.
Cosponsors added, [1FE], [8MR], [12AP], [23MY], [19SE], [7OC]
c, [9MY]
H. Con. Res. 191--
Concurrent resolution to urge the Secretary of State to actively engage
in negotiations with the signatories of the United Nations
Convention relating to the status of refugees to establish
international first safe haven procedures for aliens claiming
political asylum; to the Committee on Foreign Affairs.
Cosponsors added, [24FE], [8MR]
H. Con. Res. 192--
Concurrent resolution expressing the sense of Congress with respect to
information on AIDS and HIV infections, and for other purposes; to
the Committee on Energy and Commerce.
Cosponsors added, [4AU], [23SE]
H. Con. Res. 195--
Concurrent resolution expressing the sense of Congress that the
Government should require that all tax benefits or other subsidies
afforded to businesses operating in the United States as part of
health care reform should be used
[[Page 2667]]
for investment and job creation within the borders of the United
States; to the Committee on Ways and Means.
Cosponsors added, [25JA], [12AP], [15JN]
H. Con. Res. 196--
Concurrent resolution expressing the sense of Congress that United
States assistance to Algeria should be terminated unless its
military backed government proceeds towards democratization;
jointly, to the Committees on Foreign Affairs; Banking, Finance and
Urban Affairs.
Cosponsors added, [12MY]
H. Con. Res. 197--
Concurrent resolution providing for a joint session of Congress to
receive a message from the President on the State of the Union.
By Mr. GEPHARDT, [25JA]
Agreed to in the Senate, [25JA]
Agreed to in the House, [25JA]
H. Con. Res. 198--
Concurrent resolution providing for an adjournment of the House from
Wednesday, January 26, 1994, to Tuesday, February 1, 1994.
By Mr. GEPHARDT, [25JA]
Agreed to in the Senate, [25JA]
Agreed to in the House, [25JA]
H. Con. Res. 199--
Concurrent resolution expressing the sense of the Congress that a
postage stamp should be issued to honor the 100th anniversary of the
Jewish War Veterans of the United States of America; to the
Committee on Post Office and Civil Service.
By Mr. TALENT, [25JA]
Cosponsors added, [1FE], [7FE], [10FE], [22FE], [23FE], [2MR], [8MR],
[15MR], [16MR], [17MR], [21MR], [22MR], [24MR], [13AP], [19AP],
[3MY], [11MY], [21JN], [29JN], [12SE], [27SE], [4OC]
H. Con. Res. 200--
Concurrent resolution expressing the sense of Congress in support of
efforts to provide justice for adult survivors of childhood sexual
abuse; to the Committee on the Judiciary.
By Mrs. SCHROEDER (for herself, Mrs. Morella, and Mr. Reed), [1FE]
Cosponsors added, [12JY]
H. Con. Res. 201--
Concurrent resolution expressing the sense of the Congress that any
Federal Government mandated health care reform should be on-budget;
to the Committee on Government Operations.
By Mr. ALLARD (for himself, Mr. Penny, Mr. Michel, Mr. Gingrich, Mr.
Stenholm, Mr. Armey, Mr. Deal, Mr. Kasich, Mr. Geren, Mr. Archer,
Mr. Rowland, Mr. DeLay, Mr. Jacobs, Mr. Hyde, Mr. Tauzin, Mr. Thomas
of California, Mr. Knollenberg, Mr. Lancaster, Mr. Miller of
Florida, Mr. Brewster, Mr. Goss, Mr. Peterson of Minnesota, Mr.
Grandy, Mr. Bliley, Mr. Burton, Mr. Walker, Mr. Baker of California,
Mr. Baker of Louisiana, Mr. Ballenger, Mr. Bartlett, Mr. Bateman,
Mr. Bereuter, Mr. Blute, Mr. Boehner, Mr. Bonilla, Mr. Bunning, Mr.
Buyer, Mr. Calvert, Mr. Camp, Mr. Canady, Mr. Castle, Mr. Collins of
Georgia, Mr. Combest, Mr. Cox, Mr. Crane, Mr. Crapo, Mr. Dickey, Mr.
Doolittle, Mr. Dornan, Mr. Duncan, Ms. Dunn, Mr. Ehlers, Mr.
Emerson, Mr. Everett, Mr. Ewing, Mr. Fields of Texas, Mrs. Fowler,
Mr. Franks of New Jersey, Mr. Franks of Connecticut, Mr. Gallegly,
Mr. Gillmor, Mr. Goodling, Mr. Greenwood, Mr. Hastert, Mr. Hefley,
Mr. Herger, Mr. Hobson, Mr. Hoekstra, Mr. Hoke, Mr. Horn, Mr.
Houghton, Mr. Inglis, Mr. Istook, Mrs. Johnson of Connecticut, Mr.
Sam Johnson, Mr. Klug, Mr. Kolbe, Mr. Kyl, Mr. Lightfoot, Mr.
Linder, Mr. Livington, Mr. McCrery, Mr. McInnis, Mr. McKeon, Mr.
McMillan, Mr. Machtley, Mr. Manzullo, Mrs. Meyers of Kansas, Mr.
Mica, Mr. Myers of Indiana, Mr. Nussle, Mr. Oxley, Mr. Packard, Mr.
Paxon, Mr. Pombo, Mr. Portman, Ms. Pryce of Ohio, Mr. Ramstad, Mr.
Regula, Mr. Roberts, Mr. Santorum, Mr. Schaefer, Mr. Shaw, Mr.
Shays, Mr. Schiff, Mr. Shuster, Mr. Skeen, Mr. Smith of New Jersey,
Mr. Smith of Texas, Mr. Smith of Michigan, Mr. Solomon, Mr. Spence,
Mr. Stearns, Mr. Stump, Mr. Sundquist, Mr. Talent, Mr. Thomas of
Wyoming, Mr. Torkildsen, Mr. Upton, Mrs. Vucanovich, Mr. Weldon, Mr.
Wolf, Mr. Zeliff, Mr. Zimmer, Mr. Clinger, Ms. Snowe, Mr. Inhofe,
and Mr. Lazio, [2FE]
Cosponsors added, [9FE], [2MR], [24MR], [3OC]
H. Con. Res. 202--
Concurrent resolution expressing the sense of the Congress that all
appropriations made for the Low-Income Home Energy Assistance
Program for fiscal year 1995 should be expended, and that
expenditures for such program for fiscal year 1996 should ensure the
provision of services at or above the same level; jointly, to the
Committees on Energy and Commerce; Education and Labor.
By Mr. MACHTLEY (for himself, Mr. Markey, Mr. Andrews of Maine, Mr.
Blute, Ms. DeLauro, Mr. Frank of Massachusetts, Mr. Franks of
Connecticut, Mr. Gejdenson, Mrs. Johnson of Connecticut, Mr.
Kennedy, Mrs. Kennelly, Mr. Meehan, Mr. Moakley, Mr. Neal of
Massachusetts, Mr. Olver, Mr. Reed, Mr. Sanders, Mr. Shays, Ms.
Snowe, Mr. Studds, Mr. Swett, Mr. Torkildsen, Mr. Zeliff, Mr. Gallo,
Mr. Klug, Mr. Oberstar, Mr. Reynolds, Mr. Santorum, Mr. Quinn, Mr.
Wheat, Mr. Applegate, Mr. Rush, Mr. LaFalce, Mr. Ridge, Mr. Wynn,
Mr. Skelton, Mr. Klink, Mr. Franks of New Jersey, Mr. Dingell, Ms.
McKinney, Mr. Walsh, Mr. Emerson, Mr. Roth, Mr. McCloskey, Mr.
Barrett of Wisconsin, Mr. Saxton, Mrs. Morella, Mr. Jacobs, Mr.
Evans, Mr. Torricelli, Mr. Inhofe, Mr. Levin, Mr. Rogers, Mr.
Gutierrez, Mrs. Collins of Illinois, Mr. Murtha, Mr. Manton, Mr.
Engel, Mr. Hall of Ohio, Ms. Danner, Mr. Hochbrueckner, Ms. Eddie
Bernice Johnson of Texas, Ms. Lowey, Mr. Costello, Mr. Hamilton, Mr.
Flake, Mr. Volkmer, Mr. Klein, Mr. DeFazio, Mr. Owens, Mr. Stupak,
Mr. Kildee, Mr. Lipinski, Mr. Boehlert, and Mr. Roberts), [7FE]
Cosponsors added, [9FE], [22FE], [24FE], [2MR], [10MR], [18MR],
[21MR], [23MR], [14AP], [20AP], [26AP], [17JN], [21JN]
H. Con. Res. 203--
Concurrent resolution expressing the sense of the Congress that
information regarding the conviction of child-related sex offenses
should be available to employers and for other purposes; jointly, to
the Committees on the Judiciary; Education and Labor.
By Mr. BURTON of Indiana, [8FE]
H. Con. Res. 204--
Concurrent resolution to correct the enrollment of H.R. 3759; jointly,
to the Committees on House Administration; Appropriations.
By Mr. SOLOMON, [8FE]
H. Con. Res. 205--
Concurrent resolution expressing the sense of the Congress regarding the
use of census block group data, and data from low or no population
census tracts or blocks, in the designation of empowerment zones and
enterprise communities; to the Committee on Ways and Means.
By Ms. ROYBAL-ALLARD, [10FE]
H. Con. Res. 206--
Concurrent resolution providing for the adjournment of the House from
Thursday, February 10, 1994, through Friday, February 18, 1994 to
Tuesday, February 22, 1994 and an adjournment or recess of the
Senate from Thursday, February 10, 1994 through Friday, February 18,
1994, to Tuesday, February 22, 1994.
By Mr. GEPHARDT, [10FE]
Agreed to in the Senate, [10FE]
Agreed to in the House, [10FE]
H. Con. Res. 207--
Concurrent resolution providing for placement of a statue honoring
African-American recipients of the Congressional Medal of Honor in
the Capitol; to the Committee on House Administration.
By Mr. CONYERS, [10FE]
Cosponsors added, [3OC]
H. Con. Res. 208--
Concurrent resolution declaring the sense of Congress regarding periods
of silence in the public schools; jointly, to the Committees on the
Judiciary; Education and Labor.
By Mr. JACOBS, [23FE]
H. Con. Res. 209--
Concurrent resolution expressing the sense of the Congress that any
comprehensive health care reform legislation that is enacted should
provide for annual screenings of children under 6 years of age for
lead poisoning; jointly, to the Committees on Energy and Commerce;
Ways and Means.
By Mrs. KENNELLY (for herself, Mr. Jefferson, Mr. Dellums, Mr.
Foglietta, Mr. McDermott, Mr. Owens, Ms. Pelosi, Ms. Waters, Mr.
Frost, Mr. Gejdenson, Mr. Scott, Mr. Lewis of Georgia, Mr. Bonior,
Ms. Eddie Bernice Johnson of Texas, Ms. Furse, Ms. Velazquez and,
Mr. Washington), [23FE]
Cosponsors added, [10MR], [24MR], [26AP], [12MY], [14JN]
H. Con. Res. 210--
Concurrent resolution expressing the sense of the Congress that the
President should not have granted diplomatic recognition to the
former Yugoslav Republic of Macedonia; to the Committee on Foreign
Affairs.
By Ms. SNOWE (for herself, Mr. Gilman, Mr. Bilirakis, Mr. Andrews of
New Jersey, Mrs. Maloney, and Mr. Deutsch), [23FE]
Cosponsors added, [2MR], [11MR], [17MR], [24MR], [19AP], [21AP],
[5MY], [17MY], [19MY], [20MY], [25MY], [9JN], [10JN], [15JN],
[22JN], [12JY], [20JY], [26JY], [20AU], [26SE]
H. Con. Res. 211--
Concurrent resolution to express the sense of the Congress that the
President should convene a White House Conference on Savings; to the
Committee on Banking, Finance and Urban Affairs.
By Mr. LaROCCO, [24FE]
H. Con. Res. 212--
Concurrent resolution expressing the sense of the Congress regarding the
Guatemalan peace process and the need for greater protection of
human rights in Guatemala; to the Committee on Foreign Affairs.
By Mrs. MORELLA (for herself, Mr. Brown of California, Ms. Furse, Mr.
Kennedy, Mr. McDermott, Mr. Moakley, Mr. Ravenel, and Ms. Woolsey),
[24FE]
Cosponsors added, [8MR], [23MR], [18AP], [26AP], [4MY], [26MY],
[29JN], [20JY], [28JY], [9AU], [21AU], [13SE], [29SE]
H. Con. Res. 213--
Concurrent resolution expressing the sense of the Congress that
telephone directories within the eastern and midwestern United
States should include information relating to natural disaster
survival techniques; jointly, to the Committees on Energy and
Commerce; Public Works and Transportation.
By Mr. CLINGER (for himself and Mr. Rahall), [28FE]
H. Con. Res. 214--
Concurrent resolution urging the President to promote political
stability in Tajikistan through efforts to encourage political
resolution of the conflict and respect for human rights and through
the provision of humanitarian assistance and (subject to certain
conditions) economic assistance; to the Committee on Foreign
Affairs.
By Mr. ANDREWS of New Jersey, [3MR]
Cosponsors added, [21AP], [22JN]
H. Con. Res. 215--
Concurrent resolution honoring James Norman Hall and recognizing his
outstanding contributions to the United States and the South
Pacific; to the Committee on Post Office and Civil Service.
By Mr. FALEOMAVAEGA (for himself, Mr. Smith of Iowa, Mr. Leach, Mr.
Grandy, Mr. Nussle, and Mr. Lightfoot), [3MR]
Cosponsors added, [18MY], [13JN]
Committee discharged. Agreed to in the House, [17JN]
Referred to the Committee on Foreign Relations, [21JN]
Agreed to in the Senate, [23AU]
H. Con. Res. 216--
Concurrent resolution expressing the sense of the Congress regarding
human rights in Vietnam; to the Committee on Foreign Affairs.
By Mr. GILMAN, [8MR]
Cosponsors added, [4OC]
Rules suspended. Agreed to in the House amended, [5OC]
Referred to the Committee on Foreign Relations, [8OC]
H. Con. Res. 217--
Concurrent resolution expressing the sense of the Congress that any
comprehensive health care reform legislation that is enacted should
ensure that women receive appropriate breast and cervical cancer
screenings and general gynecological care consistent with current
medical standards; jointly, to the Committees on Energy and
Commerce; Ways and Means.
By Mr. NADLER, [8MR]
Cosponsors added, [24MR], [4MY], [20MY], [23SE]
[[Page 2668]]
H. Con. Res. 218--
Resolution setting forth the congressional budget for the U.S.
Government for fiscal years 1995, 1996, 1997, 1998, and 1999.
By Mr. SABO, [8MR]
Reported (H. Rept. 103-428), [8MR]
Agreed to in the House, [11MR]
Agreed to in the Senate amended, [25MR]
Senate insisted on its amendments and asked for a conference, [25MR]
House disagreed to Senate amendment and agreed to a conference, [14AP]
Conferees appointed, [14AP]
Conference report (H. Rept. 103-490) submitted in the House, [4MY]
House agreed to conference report, [5MY]
Senate agreed to conference report, [12MY]
H. Con. Res. 219--
Concurrent resolution to support the Middle East peace process and
condemn all acts of terrorism aimed at derailing that process; to
the Committee on Foreign Affairs.
By Mr. JOHNSTON of Florida (for himself, Mr. Waxman, Mr. Frost, Mr.
Yates, Mr. Berman, Mr. Frank of Massachusetts, Mr. Engel, Mr. Lewis
of Georgia, Mr. Shays, Mr. Fingerhut, Mr. Blackwell, Mr. Saxton, Mr.
Edwards of California, Mr. Deutsch, Mr. Wynn, Mr. Pallone, Mr. Horn,
Mr. Penny, Mr. Martinez, Mr. Bacchus of Florida, Mrs. Meek of
Florida, Mr. Cardin, Ms. Cantwell, Ms. Brown of Florida, Mr. Payne
of New Jersey, Mr. Gejdenson, Mr. Peterson of Florida, Mr. Wyden,
Ms. Kaptur, Mr. Klein, Mrs. Thurman, Mr. Andrews of New Jersey, Mr.
Synar, Mr. Faleomavaega, Mr. Markey, Mr. Levy, Mr. Leach, Mr. Sabo,
Mr. Borski, Mr. Hastings, and Mr. Menendez), [9MR]
Cosponsors added, [26MY], [21JN], [7OC]
H. Con. Res. 220--
Concurrent resolution expressing the sense of the Congress on the need
for accurate guidelines for breast cancer screening for women ages
40-49; to the Committee on Energy and Commerce.
By Ms. SNOWE (for herself and Mr. Schiff), [9MR]
H. Con. Res. 221--
Concurrent resolution declaring the sense of Congress with respect to
studies and research involving the legalization of drugs; to the
Committee on Government Operations.
By Mr. SOLOMON, [9MR]
H. Con. Res. 222--
Concurrent resolution authorizing the placement of a bust of Raoul
Wallenberg in the Capitol; to the Committee on House Administration.
By Mr. ROSE, [11MR]
Rules suspended. Agreed to in the House, [18AP]
Agreed to in the Senate, [21JN]
H. Con. Res. 223--
Concurrent resolution expressing the sense of the Congress that any
legislation that is enacted to provide for comprehensive national
health care reform should provide for coverage of syringes for
individuals who have been diagnosed with diabetes and who require
the administration of insulin by syringe; jointly, to the Committees
on Energy and Commerce; Ways and Means.
By Ms. FURSE, [16MR]
Cosponsors added, [19MY], [8JN], [21JY], [27JY], [29JY], [4AU],
[21AU], [13SE]
H. Con. Res. 224--
Concurrent resolution requesting the President to designate Victoria Van
Meter as an honorary goodwill ambassador for the United States; to
the Committee on Post Office and Civil Service.
By Mr. RIDGE (for himself, Ms. Snowe, Mr. Clinger, Mr. Santorum, Mr.
Greenwood, Mr. Gallo, Mr. Cunningham, Ms. Schenk, and Mr. Borski),
[16MR]
H. Con. Res. 225--
Concurrent resolution concerning the 27th anniversary of the
reunification of Jerusalem; to the Committee on Foreign Affairs.
By Mr. SCHUMER, [17MR]
Cosponsors added, [8AU]
H. Con. Res. 226--
Concurrent resolution expressing the sense of Congress that any welfare
reform legislation which requires recipients of aid to families with
dependent children to find employment within a certain time as a
condition of receiving benefits should exempt recipients who collect
benefits from a State with an unemployment rate that is at least 110
percent of the national average unemployment rate; to the Committee
on Ways and Means.
By Mr. MACHTLEY, [17MR]
H. Con. Res. 227--
Concurrent resolution expressing the sense of the Congress with respect
to protecting the privacy rights of Federal employees; to the
Committee on Post Office and Civil Service.
By Mr. DORNAN, [18MR]
Cosponsors added, [12AP], [18AP], [19MY], [21JY], [19SE], [21SE],
[28SE]
H. Con. Res. 228--
Concurrent resolution expressing the sense of Congress with respect to
violence against truckers; to the Committee on the Judiciary.
By Mr. BARCA of Wisconsin, [21MR]
Cosponsors added, [24MR], [14JY]
H. Con. Res. 229--
Concurrent resolution expressing the sense of the Congress that any
national comprehensive benefit package that results from health care
reform legislation should cover the full range of reproductive
health services for women; jointly, to the Committees on Energy and
Commerce; Ways and Means.
By Mr. MORAN (for himself, Ms. Eddie Bernice Johnson of Texas, Ms.
Furse, Mr. Olver, Mr. Miller of California, Ms. Woolsey, Mr. Studds,
Mr. Andrews of Maine, Mr. Filner, Ms. Norton, Mr. Martinez, Mr.
Wheat, Mr. Edwards of California, Mr. Fazio, Mr. Farr, Mr. Yates,
Mr. Gejdenson, Mr. Conyers, Mr. Rush, Ms. Velazquez, Mr. Meehan, and
Mr. Andrews of Texas), [22MR]
Cosponsors added, [24MR], [28AP], [12MY], [20JY], [26JY]
H. Con. Res. 230--
Concurrent resolution to correct an error in the enrollment of the bill
H.R. 1804.
By Mr. FORD of Michigan, [23MR]
Agreed to in the House, [23MR]
Agreed to in the Senate, [26MR]
H. Con. Res. 231--
Concurrent resolution expressing the sense of Congress that, to the
greatest extent practicable, ink made from vegetable oil should be
used in lithographic printing for the Federal Government; jointly,
to the Committees on Government Operations; House Administration.
By Mr. SMITH of Michigan (for himself, Mr. Roberts, Ms. Danner, Mr.
Minge, Mr. Boehner, Mr. Lightfoot, Mr. Bereuter, Mr. Glickman, Mr.
Emerson, Ms. Brown of Florida, Mr. Klug, Mr. Baesler, Mr. Shays, Mr.
Ewing, Mrs. Thurman, Mr. Dickey, Mr. Penny, and Mr. Goodlatte),
[23MR]
Cosponsors added, [3MY]
H. Con. Res. 232--
Concurrent resolution providing for an adjournment of the two Houses.
By Mr. GEPHARDT, [24MR]
Agreed to in the House, [24MR]
Agreed to in the Senate, [24MR]
H. Con. Res. 233--
Concurrent resolution expressing the sense of the Congress that any
health care reform legislation passed by the Congress include
guaranteed full funding for the special supplemental food program
for women, infants, and children [WIC] so that all eligible women,
infants, and children who apply could be served by the end of fiscal
year 1996 and full funding could be maintained through fiscal year
2000, and for other purposes; to the Committee on Education and
Labor.
By Mr. KILDEE (for himself and Mr. Emerson), [24MR]
Cosponsors added, [16MY], [26MY], [16JN], [28JN], [27JY], [16AU],
[6OC]
H. Con. Res. 234--
Concurrent resolution expressing the sense of the Congress regarding the
role of the United States at the International Conference on
Population and development; to the Committee on Foreign Affairs.
By Mrs. MORELLA (for herself, Mr. Beilenson, and Mr. Porter), [24MR]
Cosponsors added, [26AP], [4MY], [26MY], [29JN], [20JY], [28JY],
[9AU], [21AU], [13SE]
H. Con. Res. 235--
Concurrent resolution concerning the negotiation of limitations on
nuclear weapons testing; to the Committee on Foreign Affairs.
By Mr. SABO (for himself, Mr. Kopetski, Mr. Dellums, and Mr.
Gephardt), [24MR]
Cosponsors added, [5MY], [11MY], [20MY], [16JN], [14JY], [8AU]
H. Con. Res. 236--
Concurrent resolution authorizing the 1994 Special Olympics torch relay
to be run through the Capitol Grounds; to the Committee on Public
Works and Transportation.
By Mr. TRAFICANT, [24MR]
Reported (H. Rept. 103-510), [18MY]
Agreed to in the House, [18MY]
Agreed to in the Senate, [19MY]
H. Con. Res. 237--
Concurrent resolution authorizing the use of the Capitol Grounds for the
13th annual National Peace Officers' Memorial Service; to the
Committee on Public Works and Transportation.
By Mr. TRAFICANT, [24MR]
Rules suspended. Agreed to in the House, [26AP]
Agreed to in the Senate, [3MY]
H. Con. Res. 238--
Concurrent resolution authorizing the use of the Capitol grounds for the
Greater Washington Soap Box Derby; to the Committee on Public Works
and Transportation.
By Mr. HOYER, [13AP]
Reported (H. Rept. 103-515), [19MY]
Rules suspended. Agreed to in the House, [23MY]
Agreed to in the Senate, [7JN]
H. Con. Res. 239--
Concurrent resolution concerning the 27th anniversary of the
reunification of Jerusalem; to the Committee on Foreign Affairs.
By Mr. SCHUMER, [14AP]
Cosponsors added, [12MY], [24MY], [13JN], [17JN], [12JY], [16SE],
[6OC]
H. Con. Res. 240--
Concurrent resolution expressing the sense of the Congress with respect
to intellectual property protection; to the Committee on Ways and
Means.
By Mr. GEJDENSON (for himself and Mr. Roth), [18AP]
H. Con. Res. 241--
Concurrent resolution expressing the sense of the Congress with respect
to the railroad retirement system; to the Committee on Energy and
Commerce.
By Mr. PETE GEREN of Texas, [20AP]
H. Con. Res. 242--
Concurrent resolution to express the sense of the Congress that if
nominated by the Governor of New York as an estuary of national
significance, the Administrator of the Environmental Protection
Agency should select and convene a management conference under the
Federal Water Pollution Control Act for the lands and waters
comprising the South Shore Estuary Reserve on Long Island, NY;
jointly, to the Committees on Public Works and Transportation;
Merchant Marine and Fisheries.
By Mr. KING (for himself, Mr. Levy, Mr. Ackerman, Mr. Lazio, and Mr.
Hochbrueckner), [21AP]
H. Con. Res. 243--
Concurrent resolution expressing the sense of the Congress that any
legislation that is enacted to provide for national health care
reform should provide for compensation for poison control center
services, and that a commission should be established to study the
delivery and funding of poison control services; to the Committee on
Energy and Commerce.
By Mr. TOWNS (for himself, Mrs. Byrne, Ms. Collins of Michigan, Ms.
Margolies-Mezvinsky, Mrs. Morella, Ms. Norton, and Mr. Payne of New
Jersey), [26AP]
Cosponsors added, [8JN], [21JN], [28JN], [30JN], [13JY], [19JY],
[22JY], [26JY], [2AU], [9AU], [26AU], [13SE], [22SE], [6OC], [7OC]
H. Con. Res. 244--
Concurrent resolution to condemn the March 1, 1994, attack on American
Lubavitcher students; jointly, to the Committees on Foreign Affairs;
the Judiciary.
By Mr. KYL, [4MY]
H. Con. Res. 245--
Concurrent resolution expressing the sense of the House of
Representatives commending Israel and the Palestine Liberation
Organization [PLO] for signing an historic agreement in Cairo on May
4, 1994; to the Committee on Foreign Affairs.
By Mr. KNOLLENBERG (for himself, Mr. Penny, Mr. Rahall, Ms. Danner,
and Mr. Bonior), [5MY]
[[Page 2669]]
Cosponsors added, [19MY], [24MY], [26MY], [10JN], [15JN], [16JN],
[11AU]
H. Con. Res. 246--
Concurrent resolution expressing the sense of the Congress regarding the
denial or limitation of health insurance coverage or benefits on the
basis of preexisting medical conditions; jointly, to the Committees
on Energy and Commerce; Ways and Means.
By Mr. WHEAT, [5MY]
Cosponsors added, [21JN], [20JY], [29JY]
H. Con. Res. 247--
Concurrent resolution expressing the sense of the Congress with respect
to the Nagorno Karabagh conflict; to the Committee on Foreign
Affairs.
By Mr. BILBRAY (for himself, Mr. Lehman, Mr. Torres, Mr. Bonior, and
Mr. Hoyer), [11MY]
Cosponsors added, [8JN], [22JN], [29JN], [12JY], [19JY], [27JY],
[11AU], [21AU], [19SE], [6OC]
H. Con. Res. 248--
Concurrent resolution providing for the printing of eulogies and
encomiums of the late President of the United States, Richard M.
Nixon, as expressed in the House of Representatives and the Senate;
to the Committee on House Administration.
By Mr. MICHEL, [11MY]
Committee discharged. Agreed to in the House amended, [3AU]
Referred to the Committee on Rules and Administration, [8AU]
Committee discharged. Agreed to in the Senate, [10AU]
H. Con. Res. 249--
Concurrent resolution condemning the death sentence issued against
British author Salman Rushdie by the Ayatollah Ruhollah Khomeini in
Iran and calling for its immediate repudiation; to the Committee on
Foreign Affairs.
By Mr. GINGRICH (for himself and Mr. Lantos), [12MY]
Cosponsors added, [29JY], [12AU], [4OC]
H. Con. Res. 250--
Concurrent resolution expressing the sense of the Congress in support of
efforts by the Government of Mexico, and the major political parties
and concerned members of civic society in Mexico, to reform Mexico's
political and electoral processes and ensure free and fair
elections; to the Committee on Foreign Affairs.
By Mr. BONIOR (for himself, Mr. Torricelli, Mr. Berman, Mr. Brown of
Ohio, Mr. Engel, Mr. Frank of Massachusetts, Ms. Kaptur, Mr.
LaFalce, Mr. Lewis of Georgia, Mrs. Meek of Florida, Mr. Peterson of
Minnesota, Mr. Rush, Mr. Serrano, Mrs. Thurman, Ms. Velazquez, and
Mr. Wynn), [17MY]
Cosponsors added, [13JY]
Agreed to as amended, [8AU]
Referred to the Committee on Foreign Relations, [10AU]
H. Con. Res. 251--
Concurrent resolution to express the sense of the Congress that the
President should report to the Congress on the situation in Kosova
and on his recommendations on ways to enhance international
protection of the rights of the people of Kosova; to the Committee
on Foreign Affairs.
By Mr. GILMAN (for himself, Mr. Ackerman, and Mr. Shays), [23MY]
Cosponsors added, [17AU]
H. Con. Res. 252--
Concurrent resolution expressing the sense of the Congress that a
postage stamp should be issued to recognize the achievements of
Lewis Howard Latimer; to the Committee on Post Office and Civil
Service.
By Mr. FLAKE (for himself, Mr. Ackerman, Ms. McKinney, Mrs. Meek of
Florida, Ms. Brown of Florida, Mr. Watt, Mr. Reynolds, Mr. Rush, Mr.
Payne of New Jersey, Mr. Ford of Tennessee, Ms. Waters, Mrs.
Clayton, Mr. Thompson, Mr. Hilliard, Mr. Dixon, Mr. Rangel, Ms.
Eddie Bernice Johnson of Texas, Ms. Collins of Michigan, Mrs.
Collins of Illinois, Mr. Mfume, Mr. Lewis of Georgia, Mr. Conyers,
Mr. Clyburn, Mr. Bishop, Mr. Tucker, Mr. Wynn, and Mr. Jefferson),
[25MY]
Cosponsors added, [3AU]
H. Con. Res. 253--
Concurrent resolution expressing the sense of the Congress that the
amount made available for fiscal year 1995 for the program of the
Department of Housing and Urban Development under section 202 of the
Housing Act of 1959 for supportive housing for low-income elderly
persons should not be reduced from the amount made available for
fiscal year 1994; to the Committee on Banking, Finance and Urban
Affairs.
By Mr. GALLO (for himself, Mr. Kleczka, Mr. Manton, Mr. Lipinski, Mr.
Hayes, Mr. Blute, Mr. Emerson, Mr. Sanders, Mr. Lazio, Mr. Engel,
Ms. Molinari, Mr. Martinez, and Mr. DeFazio), [9JN]
Cosponsors added, [15JN], [27JN]
H. Con. Res. 254--
Concurrent resolution expressing the sense of the Congress concerning
the trafficking of Burmese women and girls into Thailand for the
purposes of forced prostitution; to the Committee on Foreign
Affairs.
By Ms. SLAUGHTER (for herself, Mrs. Meek of Florida, Ms. Brown of
Florida, Mrs. Schroeder, Mrs. Thurman, Ms. Roybal-Allard, and Mrs.
Meyers of Kansas), [13JN]
Cosponsors added, [29JN], [19JY], [2AU], [5AU], [12AU], [19AU],
[21SE], [3OC]
H. Con. Res. 255--
Concurrent resolution expressing the sense of the Congress regarding the
proposed Disney theme park in the historic Northern Piedmont area of
Virginia; jointly, to the Committees on Natural Resources; Energy
and Commerce; Public Works and Transportation.
By Mr. ANDREWS of Texas (for himself, Mr. Bryant, Mr. Slattery, Mr.
Torricelli, Mr. Gordon, Mr. Lewis of Georgia, Mr. Roemer, Mr.
Beilenson, Mr. Montgomery, Mr. Stark, Mr. Laughlin, Mr. Smith of
Iowa, Mrs. Unsoeld, Mr. Andrews of Maine, Mr. Durbin, Mr. DeFazio,
Mr. Evans, Mr. Leach, Mr. Horn, and Mr. Wilson), [16JN]
Cosponsors added, [23JN], [28JN], [14JY], [3AU], [17AU], [4OC]
H. Con. Res. 256--
Concurrent resolution expressing the sense of Congress that any health
care reform legislation should preserve the right of bona fide trade
and professional associations to continue to offer group health
insurance within the framework established to expand comprehensive
and affordable health insurance and prevent discriminatory insurance
practices; jointly, to the Committees on Energy and Commerce; Ways
and Means; Education and Labor.
By Mr. MORAN, [16JN]
Cosponsors added, [22JN], [30JN], [19JY], [26JY], [29JY], [2AU],
[9AU], [19SE], [3OC]
H. Con. Res. 257--
Concurrent resolution commending the work of the U.S. Labor Attache
Corps, and for other purposes; jointly, to the Committees on Foreign
Affairs; Education and Labor.
By Mr. BROWN of California (for himself, Mr. Berman, Mr. Sanders, Mr.
Miller of California, Mr. Edwards of California, Mr. Torres, Mr.
LaFalce, and Mr. Hinchey), [22JN]
Cosponsors added, [21JY], [2AU], [11AU]
Rules suspended. Agreed to in the House amended, [3OC]
H. Con. Res. 258--
Concurrent resolution expressing the sense of the U.S. Congress that the
Citizen's Stamp Advisory Committee of the U.S. Postal Service would
recommend to the Postmaster General that a postage stamp be issued
honoring America's first African-American professional nurse, Mary
Eliza Mahoney; to the Committee on Post Office and Civil Service.
By Mr. HILLIARD, [23JN]
Cosponsors added, [7OC]
H. Con. Res. 259--
Concurrent resolution expressing the sense of the U.S. Congress that the
Citizen's Stamp Advisory Committee of the U.S. Postal Service should
recommend to the Postmaster General that a postage stamp be issued
honoring coach Paul ``Bear'' Bryant; to the Committee on Post Office
and Civil Service.
By Mr. HILLIARD (for himself, Mr. Bachus of Alabama, Mr. Bevill, Mr.
Browder, Mr. Callahan, Mr. Cramer, and Mr. Everett), [23JN]
Cosponsors added, [7OC]
H. Con. Res. 260--
Concurrent resolution calling for the United States to propose and seek
an international conservatorship in Haiti; to the Committee on
Foreign Affairs.
By Mr. BEREUTER, [24JN]
H. Con. Res. 261--
Concurrent resolution to honor the U.S. astronauts who flew in space as
part of the program of the National Aeronautics and Space
Administration to reach and explore the Moon; to the Committee on
Science, Space, and Technology.
By Mr. HALL of Texas (for himself, Mr. Cramer, Mr. Sam Johnson, Mr.
Bacchus of Florida, Mr. Deal, Mr. Boehlert, Mr. Boucher, and Mr.
Tanner), [24JN]
Cosponsors added, [12JY], [19JY]
Rules suspended. Agreed to in the House, [19JY]
Agreed to in the Senate, [20JY]
H. Con. Res. 262--
Concurrent resolution to express the sense of the Congress that marinas
should not be treated as offshore facilities for purposes of
financial responsibility requirements of the Oil Pollution Act of
1990; jointly, to the Committees on Merchant Marine and Fisheries;
Public Works and Transportation.
By Mr. GEJDENSON, [28JN]
Cosponsors added, [20JY], [8AU], [12SE], [26SE], [3OC], [5OC]
H. Con. Res. 263--
Concurrent resolution providing for an adjournment or recess of the two
Houses.
By Mr. GEPHARDT, [29JN]
Agreed to in the House, [29JN]
Agreed to in the Senate, [30JN]
H. Con. Res. 264--
Concurrent resolution establishing a congressional commission for the
purpose of assessing the humanitarian, political, and diplomatic
conditions in Haiti and reporting to the Congress on the appropriate
policy options available to the United States with respect to Haiti;
to the Committee on Foreign Affairs.
By Mr. SMITH of New Jersey (for himself, Mr. Torricelli, Mr. Gilman,
Mr. Hyde, Mr. Hall of Ohio, Mr. Livingston, Mr. Goss, and Mr.
Emerson), [30JN]
Cosponsors added, [19JY], [18AU], [22SE]
H. Con. Res. 265--
Concurrent resolution expressing the sense of the Congress regarding the
issuance under title VII of the Civil Rights Act of 1964 of
administrative guidelines applicable to religious harassment in
employment; to the Committee on Education and Labor.
By Mr. HILLIARD, [12JY]
H. Con. Res. 266--
Concurrent resolution expressing the sense of the Congress concerning
the need to preserve the traditional lifeways in certain Alaska
Native villages; to the Committee on Natural Resources.
By Mr. YOUNG of Alaska, [14JY]
H. Con. Res. 267--
Concurrent resolution expressing the sense of the Congress that the
Federal Government should develop a comprehensive program regarding
natural disasters, require individuals and businesses in disaster
prone areas to purchase insurance for natural disasters, and create
a Federal reinsurance program to minimize the associated risks to
insurance companies; to the Committee on Banking, Finance and Urban
Affairs.
By Mr. BURTON of Indiana, [19JY]
H. Con. Res. 268--
Concurrent resolution to express the sense of the Congress that the
United States should refrain from signing the seabed mining
agreement relating to the Law of the Sea Treaty; to the Committee on
Foreign Affairs.
By Mr. FIELDS of Texas, [19JY]
Cosponsors added, [28JY], [4AU], [12SE]
H. Con. Res. 269--
Concurrent resolution concerning consideration of U.S. military action
against Haiti; to the Committee on Foreign Affairs.
By Mr. GOSS (for himself, Mr. Goodlatte, Ms. Dunn, Mr. Doolittle, Mr.
Linder, Mr. Horn, Mr. Grams, Mr. Sam Johnson, Mr. Bachus of Alabama,
Mr. Thomas of Wyoming, Mr. Knollenberg, Mr. Smith of Texas, Mr. Kyl,
Mr. Baker of California, Mr. Hutchinson, Mr. Canady, Mr. Boehner,
Mr. Talent,
[[Page 2670]]
Mr. Walker, Mr. Stearns, Mr. Miller of Florida, Mr. McCollum, Mr.
Ewing, Mr. Burton of Indiana, Mrs. Meyers of Kansas, Mr. Stump, Mr.
Roth, Mr. Herger, Mr. Lewis of Florida, Mr. Weldon, Mr. Schaefer,
Mr. Grandy, Mr. Livingston, Mr. Gilman, and Mr. Shaw), [19JY]
Cosponsors added, [21JY], [22JY], [26JY], [28JY], [2AU], [4AU],
[12SE], [13SE], [19SE], [26SE]
H. Con. Res. 270--
Concurrent resolution expressing the sense of Congress with respect to
the use of racially based quotas designed to thwart the
implementation of the death penalty; to the Committee on the
Judiciary.
By Mr. HUFFINGTON (for himself, Mr. Calvert, Mr. Torkildsen, Mr.
DeLay, Mr. Knollenberg, Mr. Greenwood, Mr. Goodlatte, Mr. McCollum,
Mr. Bonilla, Mr. Pombo, Mr. Cunningham, Mr. Kingston, Mr. Lewis of
California, Mr. Grams, Mr. Portman, Mr. Condit, Mr. Everett, Mr.
Walker, Mr. Kyl, Mr. McKeon, Mrs. Fowler, Mr. Stenholm, Mr. Barcia
of Michigan, Mr. Herger, Ms. Dunn, Mr. McCandless, and Mr. Armey),
[21JY]
Cosponsors added, [27JY], [29JY], [9AU], [12SE]
H. Con. Res. 271--
Concurrent resolution expressing the sense of the Congress regarding the
termination of subsidies for the export of durum wheat from the
United States; to the Committee on Agriculture.
By Mr. ANDREWS of New Jersey (for himself and Mr. Meehan), [25JY]
Cosponsors added, [1AU]
H. Con. Res. 272--
Concurrent resolution calling upon the Secretary of State to instruct
the American Embassy and Consular officials throughout the world to
convey the concern of the American people over the desecration of
the dead and to assist groups and individuals who seek to protect
the integrity of cemeteries and the repose of the dead; to the
Committee on Foreign Affairs.
By Mr. TOWNS (for himself, Mr. Nadler, and Mr. Gilman), [25JY]
H. Con. Res. 273--
Concurrent resolution expressing the sense of the Congress that any
comprehensive health care reform measure should ensure that
extemporaneous compounding is made available to provide allergen-
free medications for persons who suffer from severe food allergies
or other medical conditions; to the Committee on Energy and
Commerce.
By Mr. BARCA of Wisconsin, [26JY]
Cosponsors added, [9AU], [21AU]
H. Con. Res. 274--
Concurrent resolution expressing the sense of the Congress with respect
to the announcement of the Japanese Food Agency that it does not
intend to fulfill its commitment to purchase 75,000 metric tons of
United States rice; to the Committee on Ways and Means.
By Mr. FAZIO (for himself, Mr. Archer, Mr. Calvert, Mr. Chapman, Mr.
Condit, Mr. Dixon, Mr. Dooley, Mr. Doolittle, Mr. Dornan, Mr.
Edwards of California, Mr. Gene Green of Texas, Mr. Hayes, Mr.
Herger, Mr. Horn , Mr. Hutchinson, Mr. Lantos, Mr. Lewis of
California, Mr. Moorhead, Mr. Pombo, Mr. Tauzin, Mr. Thomas of
California, Mr. Thornton, Mr. Washington, Mr. Wilson, and Ms.
Woolsey), [27JY]
Cosponsors added, [4AU], [5AU], [12AU], [19AU]
H. Con. Res. 275--
Concurrent resolution waiving the requirement in section 132 of the
Legislative Reorganization Act of 1946 that the Congress adjourn
sine die not later than July 31 of each year.
By Mr. MOAKLEY, [29JY]
Agreed to in the Senate, [29JY]
Agreed to in the House, [29JY]
H. Con. Res. 276--
Concurrent resolution concerning deployment of United States Armed
Forces in Haiti; to the Committee on Foreign Affairs.
By Mr. SKAGGS (for himself, Mr. Boehlert, and Mr. Durbin), [3AU]
Cosponsors added, [5AU], [12AU], [12SE], [16SE], [19SE], [7OC]
H. Con. Res. 277--
Concurrent resolution expressing the sense of the Congress regarding the
prerogatives of each State for health care reform; jointly, to the
Committees on Energy and Commerce; Ways and Means.
By Mr. HOEKSTRA (for himself, Mr. Armey, Mr. Boehner, Mr. Dornan, Mr.
Goodling, Mr. Grams, Mr. McKeon, Mr. Miller of Florida, Mr. Smith of
New Jersey, Mr. Ballenger, Mr. Knollenberg, Mr. McInnis, Mr.
Hutchinson, Mr. Upton, Mr. Torkildsen, and Mrs. Fowler), [4AU]
Cosponsors added, [21AU]
H. Con. Res. 278--
Concurrent resolution expressing the sense of the Congress regarding
United States policy towards Vietnam; to the Committee on Foreign
Affairs.
By Mr. ACKERMAN (for himself and Mr. Skaggs), [5AU]
Rules suspended. Agreed to in the House, [5OC]
Referred to the Committee on Foreign Relations, [8OC]
H. Con. Res. 279--
Concurrent resolution condemning the July 13, 1994, sinking of the 13th
of March, a tugboat carrying 72 unarmed Cuban citizens, by vessels
of the Cuban Government; to the Committee on Foreign Affairs.
By Mr. MENENDEZ (for himself, Mr. Diaz-Balert, Ms. Ros-Lehtinen, Mr.
Torricelli, Mr. Smith of New Jersey, Mr. Gilman, Mrs. Meek of
Florida, Mr. Gutierrez, Mr. Oberstar, Mr. Hastings, and Mr.
Deutsch), [5AU]
Cosponsors added, [21AU], [27SE]
Considered under suspension of the Rules, [3OC]
Rules suspended. Agreed to in the House amended, [4OC]
H. Con. Res. 280--
Concurrent resolution expressing the sense of Congress with respect to
protections for persons changing their names to avoid domestic
violence; to the Committee on the Judiciary.
By Mr. KLEIN, [11AU]
Cosponsors added, [13SE]
H. Con. Res. 281--
Concurrent resolution expressing the sense of the Congress that the
United States Embassy in Israel should, at the earliest possible
date, be relocated to the city of Jerusalem; to the Committee on
Foreign Affairs.
By Mr. SHAW (for himself and Mr. Johnston of Florida), [11AU]
Cosponsors added, [12SE], [13SE], [20SE], [21SE], [22SE], [29SE],
[30SE], [5OC]
H. Con. Res. 282--
Concurrent resolution expressing the sense of the Congress concerning
the ban on the use of United States passports in Lebanon; to the
Committee on Foreign Affairs.
By Mr. Rahall (for himself, Mr. Dingell, Mr. DeFazio, Ms. Kaptur, Mrs.
Byrne, Mr. Michel, Ms. Danner, Mr. Hoke, Mr. Kildee, Mr. Fingerhut,
Mr. Cox, Ms. McKinney, and Mr. Knollenberg), [12AU]
Cosponsors added, [12SE]
H. Con. Res. 283--
Concurrent resolution designating August 24, 1994, as ``Ukrainian
Independence Day''; to the Committee on Foreign Affairs.
By Mr. GUTIERREZ, [16AU]
H. Con. Res. 284--
Concurrent resolution expressing the sense of the Congress with respect
to funding for the Uruguay round of GATT negotiations; to the
Committee on Ways and Means.
By Mr. DREIER (for himself, Mr. Gingrich, Mr. Armey, Mr. Archer, Mr.
Crane, Mr. Kolbe, Mr. Roberts, Mr. Saxton, Mr. Ewing, Ms. Dunn, and
Mr. Knollenberg), [17AU]
H. Con. Res. 285--
Concurrent resolution directing the Secretary of the Senate to make
technical corrections in the enrollment of S. 2182.
By Mr. DELLUMS, [17AU]
Agreed to in the House, [17AU]
Agreed to in the Senate amended, [21SE]
House agreed to Senate amendment, [23SE]
H. Con. Res. 286--
Concurrent resolution recognizing the contribution of President Alfredo
Christiani of El Salvador to achieve peace and national
reconciliation in El Salvador; to the Committee on Foreign Affairs.
By Mr. BALLENGER (for himself and Mr. Hamilton), [17AU]
Cosponsors added, [19AU], [28SE]
Rules suspended. Agreed to in the House, [4OC]
H. Con. Res. 287--
Concurrent resolution condemning inflammatory statements made by Yassir
Arafat relating to certain terrorist activities; to the Committee on
Foreign Affairs.
By Mr. LEVY (for himself, Ms. Molinari, Mr. King, Mr. Saxton, Mr.
Engel, Mr. McCollum, Mr. Zimmer, Ms. Ros-Lehtinen, Ms. Lowey, Mr.
Lazio, Mr. Cooper, Mr. Dornan, Mr. McNulty, Mr. Andrews of New
Jersey, Mr. Canady, Ms. Schenk, Mr. Schiff, Ms. Margolies-Mezvinsky,
Mr. Hochbrueckner, Mr. Klein, Mrs. Maloney, Mr. Cunnginham, Mr.
Linder, Mr. Manton, Mr. Pallone, Mr. Owens, Mr. Solomon, Mr.
Rohrabacher, Mr. Cox, and Mr. Royce), [19AU]
H. Con. Res. 288--
Concurrent resolution expressing the sense of the Congress with respect
to children infected with AIDS in Romania; to the Committee on
Foreign Affairs.
By Mr. GILMAN (for himself, Mr. Gejdenson, Mr. Goodling, Mr. Lantos,
Mr. Leach, Mr. Ackerman, Mr. Hyde, Mr. Engel, Mr. Smith of New
Jersey, Mr. Faleomavaega, Mrs. Meyers of Kansas, Mr. Borski, Mr.
Gallegly, Mr. Andrews of New Jersey, Mr. Ballenger, Mr. Brown of
Ohio, Mr. Rohrabacher, Ms. McKinney, Mr. Levy, Mr. Hastings, Mr.
Diaz-Balart, Mr. Fingerhut, Mr. Royce, Mr. Deutsch, Mr. Wolf, Mr.
Wynn, and Mr. Gutierrez), [19AU]
H. Con. Res. 289--
Concurrent resolution providing for an adjournment or recess of the two
Houses.
By Mr. GEPHARDT, [21AU]
Agreed to in the House, [21AU]
Agreed to in the Senate amended, [25AU]
House agreed to Senate amendments, [26AU]
H. Con. Res. 290--
Concurrent resolution commending the President and the special
delegation to Haiti, and supporting the U.S. Armed Forces in Haiti.
By Mr. GEPHARDT (for himself and Mr. Michel), [19SE]
Rules suspended. Agreed to in the House, [19SE]
H. Con. Res. 291--
Concurrent resolution directing the Secretary of the Senate to make
corrections in the enrollment of S. 1587.
By Mr. CONYERS, [20SE]
Agreed to in the House, [20SE]
Agreed to in the Senate, [23SE]
H. Con. Res. 292--
Concurrent resolution providing for the printing of a collection of
statements made in tribute to the late Speaker of the House of
Representatives, Thomas P. ``Tip'' O'Neill, Jr.; to the Committee on
House Administration.
By Mr. MOAKLEY, [21SE]
Agreed to in the House, [7OC]
Agreed to in the Senate, [7OC]
H. Con. Res. 293--
Concurrent resolution providing for the printing of the book entitled
``History of the United States House of Representatives''; to the
Committee on House Administration.
By Mr. ROSE, [22SE]
Committee discharged. Agreed to in the House amended, [6OC]
Agreed to in the Senate, [7OC]
H. Con. Res. 294--
Concurrent resolution expressing the sense of the Congress that the
Department of Housing and Urban Development should not interfere
with the exercise of the right of free speech, the right of free
association, or the right to petition the Government for a redress
of grievances; to the Committee on Banking, Finance and Urban
Affairs.
By Mr. LEACH, [22SE]
H. Con. Res. 295--
Concurrent resolution to express the sense of the Congress of the United
States that the United States should actively seek compliance by all
countries with the conservation and management measures for Atlantic
bluefin tuna adopted by the International Commission for the
Conservation of Atlantic Tunas; to the Committee on Merchant Marine
and Fisheries.
By Mr. STUDDS (for himself, Mr. Manton, Mr. Andrews of Maine, and Mr.
Young of Alaska), [22SE]
Committee discharged. Agreed to in the House amended, [5OC]
H. Con. Res. 296--
Concurrent resolution commemorating the 125th anniversary of the birth
of Mahatma Gandhi; to the Committee on Foreign Affairs.
[[Page 2671]]
By Mr. GEPHARDT (for himself, Mr. Torricelli, Mr. Ackerman, and Mr.
Brown of Ohio), [23SE]
Cosponsors added, [29SE], [29NO]
H. Con. Res. 297--
Concurrent resolution expressing the sense of the Congress that
President Clinton should ask for the resignation of Joycelyn Elders
as Surgeon General of the Public Health Service; to the Committee on
Energy and Commerce.
By Mr. STEARNS, [26SE]
Cosponsors added, [30SE], [5OC]
H. Con. Res. 298--
Concurrent resolution providing for the printing of the book entitled
``Members of the United States House of Representatives--A
Historical Bibliography''; to the Committee on House Administration.
By Mr. SHARP, [27SE]
H. Con. Res. 299--
Concurrent resolution authorizing the printing of the book entitled
``Hispanic Americans in Congress''; to the Committee on House
Administration.
By Mr. SERRANO (for himself, Mr. Ortiz, Ms. Roybal-Allard, Mr. Pastor,
Mr. de la Garza, Mr. de Lugo, Mr. Richardson, Mr. Torres, Ms. Ros-
Lehtinen, Mr. Becerra, Mr. Gutierrez, Mr. Menendez, Mr. Romero-
Barcelo, Mr. Tejeda, Ms. Velazquez, Mr. Underwood, Mr. Diaz-Balart,
and Mr. Bonilla), [27SE]
Committee discharged. Agreed to in the House amended, [6OC]
Agreed to in the Senate, [7OC]
H. Con. Res. 300--
Concurrent resolution expressing the sense of the Congress regarding the
commonwealth option presented in the Puerto Rican plebiscite of
November 14, 1993; to the Committee on Natural Resources.
By Mr. YOUNG of Alaska, [30SE]
H. Con. Res. 301--
Concurrent resolution expressing the sense of the Congress regarding
entitlements; to the Committee on Government Operations.
By Mr. ORTON, [30SE]
H. Con. Res. 302--
Concurrent resolution urging the President to promote political
stability in Tajikistan through efforts to encourage political
resolution of the conflict and respect for human rights and through
the provision of humanitarian assistance and, subject to certain
conditions, economic assistance; to the Committee on Foreign
Affairs.
By Mr. ANDREWS of New Jersey (for himself and Mr. Gilman), [30SE]
Cosponsors added, [3OC]
Considered under suspension of the Rules, [4OC]
Rules suspended. Agreed to in the House, [5OC]
H. Con. Res. 303--
Concurrent resolution concerning commencement of all-party talks to seek
a peaceful resolution to the conflict in Northern Ireland; to the
Committee on Foreign Affairs.
By Mr. KENNEDY (for himself, Mr. Borski, Mr. Conyers, Mr. Coyne, Mr.
Dellums, Mr. Engel, Mr. Evans, Mr. Frank of Massachusetts, Mr. Hoke,
Mr. Hughes, Mr. Jefferson, Mr. King, Mr. Kopetski, Ms. Lowey, Mr.
McDade, Ms. McKinney, Mr. Manton, Mr. Markey, Mr. Meehan, Mr. Miller
of California, Ms. Molinari, Mr. Moran, Mr. Owens, Mr. Pallone, Mr.
Poshard, Mr. Quinn, Mr. Sangmeister, Mr. Schumer, Mr. Serrano, Mr.
Shays, Mr. Torkildsen, Mr. Towns, and Ms. Velazquez), [30SE]
H. Con. Res. 304--
Concurrent resolution directing the Secretary of the Senate to make
corrections in the enrollment of the bill S. 1312.
By Mr. WILLIAMS (for himself and Mrs. Roukema), [3OC]
Agreed to in the House, [3OC]
Agreed to in the Senate, [8OC]
H. Con. Res. 305--
Concurrent resolution expressing the sense of Congress that the total
amount appropriated for fiscal year 1996 for defense programs should
not exceed the amount appropriated for those programs for fiscal
year 1995 reduced by 10 percent; to the Committee on Armed Services.
By Ms. FURSE, [3OC]
H. Con. Res. 306--
Concurrent resolution expressing the sense of the Congress that the
President should pursue negotiations with Russia as quickly as
possible to achieve a START III agreement that reduces the number of
deployed strategic nuclear warheads to the lowest possible level,
and no more than 2,000 each for the United States and Russia; to the
Committee on Foreign Affairs.
By Ms. FURSE, [4OC]
Cosponsors added, [7OC], [29NO]
H. Con. Res. 307--
Concurrent resolution expressing the sense of Congress regarding the
U.S. position on the disinsection of aircraft at the 11th meeting of
the Facilitation Division of the International Civil Aviation
Organization; jointly, to the Committees on Foreign Affairs; Public
Works and Transportation.
By Mr. DeFAZIO, [5OC]
H. Con. Res. 308--
Concurrent resolution concerning the removal of Russian troops from the
independent nation of Moldova; to the Committee on Foreign Affairs.
By Mr. HOYER (for himself and Mr. Wolf), [5OC]
H. Con. Res. 309--
Concurrent resolution expressing the sense of the Congress with respect
to the use of selective inspection and maintenance [I&M] programs as
part of State implementation plans under the Clean Air Act; to the
Committee on Energy and Commerce.
By Mr. BARTON of Texas, [6OC]
H. Con. Res. 310--
Concurrent resolution expressing the sense of the Congress that any
comprehensive health care reform legislation that is enacted should
not take effect until the legislation is approved through a national
referendum; jointly, to the Committees on Energy and Commerce; Ways
and Means.
By Mr. BROWDER, [6OC]
H. Con. Res. 311--
Concurrent resolution expressing the sense of the Congress that the
percentage of United States Armed Forces participating in the U.N.
led peacekeeping force in Haiti should not exceed the annual
percentage assessed the United States by the United Nations for
contributions to finance the peacekeeping activities of the United
Nations; to the Committee on Foreign Affairs.
By Mr. FARR (for himself, Mr. Johnson of South Dakota, and Mr. Mica),
[6OC]
H. Con. Res. 312--
Concurrent resolution to honor the U.S. military astronauts who flew to
the Moon While on duty with the National Aeronautics and Space
Administration; to the Committee on Armed Services.
By Mr. HALL of Texas, [6OC]
H. Con. Res. 313--
Concurrent resolution providing for a technical correction in the
enrollment of S.21.
By Mr. THOMAS of California, [6OC]
Agreed to in the House, [7OC]
H. Con. Res. 314--
Concurrent resolution providing for the printing of a collection of
statements made in tribute to Representative Jamie L. Whitten; to
the Committee on House Administration.
By Mr. MONTGOMERY, [7OC]
Committee discharged. Agreed to in the House, [7OC]
Agreed to in the Senate, [8OC]
H. Con. Res. 315--
Concurrent resolution providing an adjournment or recess of the two
Houses.
By Mr. HOYER, [7OC]
Agreed to in the House, [7OC]
Agreed to in the Senate, [7OC]
H. Con. Res. 316--
Concurrent resolution declaring the sense of the Congress with respect
to the use of racial quotas and statistics in connection with death
penalty cases; to the Committee on the Judiciary.
By Mr. FRANKS of Connecticut, [7OC]
H. Con. Res. 317--
Concurrent resolution to express the sense of Congress that the
President, the U.S. Trade Representative, the Secretary of
Transportation, and the Secretary of Commerce must take all
appropriate and necessary steps to eliminate, through international
agreements or otherwise, restrictive foreign shipping practices
which restrain or prevent U.S. flag vessels from fair and equitable
participation in the transportation of motor vehicles into the
United States; jointly, to the Committees on Merchant Marine and
Fisheries; Foreign Affairs; Ways and Means.
By Mr. LIPINSKI (for himself and Mr. Fields of Texas), [7OC]
H. Con. Res. 318--
A concurrent resolution expressing the sense of the Congress relating to
the slaughter of Greek civilians in Kalavryta, Greece, during the
Second World War; to the Committee on Foreign Affairs.
By Mr. PALLONE, [29NO]
H. Con. Res. 319--
A concurrent resolution to express the sense of Congress regarding
regulation of mercury hazardous waste, and for other purposes; to
the Committee on Energy and Commerce.
By Mr. SABO (for himself and Mr. Torres), [29NO]
[[Page 2673]]
HOUSE RESOLUTIONS
------------------------------------------------------------------------
H. Res. 21--
Resolution providing for savings in the operations of the House of
Representatives to be achieved by transferring functions to private
sector entities and eliminating staff positions; to the Committee on
House Administration.
Cosponsors added, [2AU], [9AU]
H. Res. 26--
Resolution to amend the Rules of the House of Representatives to
prohibit putting the question on final passage of any measure until
copies of that measure have been available to Members for at least 1
day; to the Committee on Rules.
Cosponsors added, [14AP]
H. Res. 27--
Resolution to amend the Rules of the House of Representatives to
prohibit bills and joint resolutions from containing more than one
subject; to the Committee on Rules.
Cosponsors added, [13AP]
H. Res. 32--
Resolution expressing the sense of the House of Representatives
concerning systematic rape in the conflict in Bosnia and
Herzegovina; to the Committee on Foreign Affairs.
Cosponsors added, [3FE]
H. Res. 36--
Resolution to amend House rules and direct certain committees to report
legislation to reform the House, restore its committee system, and
make the legislative process more rational, deliberative,
representative, and accountable; to the Committee on Rules.
Cosponsors added, [20AP]
H. Res. 38--
Resolution urging the President to complete the review of the Convention
on the Elimination of All Forms of Discrimination Against Women in
order that the Senate may give its advice and consent to
ratification; to the Committee on Foreign Affairs.
Cosponsors added, [25JA], [3MR]
H. Res. 43--
Resolution to amend the Rules of the House of Representatives to
establish a Citizens' Commission on Congressional Ethics, and for
other purposes; to the Committee on Rules.
Cosponsors added, [29NO]
H. Res. 53--
Resolution to amend the Rules of the House of Representatives to require
a rollcall vote on all appropriation measures; to the Committee on
Rules.
Cosponsors added, [9FE]
H. Res. 56--
Resolution relating to the prosecution of Saddam Hussein and responsible
members of the Iraqi Government for war crimes; to the Committee on
Foreign Affairs.
Cosponsors added, [20AP]
H. Res. 86--
Resolution to express dissatisfaction with the Republic of Azerbaijan's
failure to work toward a peaceful and fair settlement to the dispute
over Nagorno Karabagh by continuing the devastating blockade and
economic boycott of the Republics of Armenia and Nagorno Karabagh;
to the Committee on Foreign Affairs.
Cosponsors added, [4AU], [16AU], [21SE]
H. Res. 90--
Resolution amending the Rules of the House of Representatives to limit
the availability of appropriations for office salaries and expenses,
or for official mailing costs, of the House of Representatives to 1
year; to prevent their obligation for any different purpose; and to
require excess amounts appropriated for either of these purposes to
be used for open-market purchase of outstanding interest-bearing
obligations of the Government; to the Committee on Rules.
Cosponsors added, [28AP]
H. Res. 108--
Resolution requiring Members of the House of Representatives to pay $600
from the official expenses allowance for each instance of extraneous
matter printed in that portion of the Congressional Record entitled
``Extensions of Remarks''; to the Committee on House Administration.
Cosponsors added, [1FE], [24MR]
H. Res. 117--
Resolution limiting the official mail allowance for Members of the House
for the second session of this Congress to 80 percent of that
allowance for the first session, and for other purposes; to the
Committee on House Administration.
Cosponsors added, [26JA], [14AP], [28JY], [2AU]
H. Res. 122--
Resolution to establish a Select Committee on POW and MIA Affairs; to
the Committee on Rules.
Cosponsors added, [24FE], [22MR], [14AP]
H. Res. 127--
Resolution expressing the sense of the House of Representatives that
Congress, in providing funds for any fiscal year for programs to
assist the homeless, should appropriate one-third of those funds for
programs to assist the homeless that are administered by the
Secretary of Veterans Affairs; to the Committee on Veterans'
Affairs.
Cosponsors added, [26JA]
H. Res. 136--
Resolution requiring that unexpended balances in the official allowances
of Members of the House of Representatives be returned to the
Treasury for deficit reduction; to the Committee on House
Administration.
Cosponsors added, [28SE]
H. Res. 144--
Resolution calling for freedom and democracy for the people of Kashmir;
to the Committee on Foreign Affairs.
Cosponsors added, [3MY]
H. Res. 148--
Resolution amending clause 2(n) of rule XI of the Rules of the House of
Representatives; to the Committee on Rules.
Cosponsors added, [19SE]
H. Res. 155--
Resolution to amend the Rules of the House of Representatives to require
economic impact statements for reported bills and amendments that
create or increase any taxes, duties, or other fees on the maritime
industry, and for other purposes; to the Committee on Rules.
Cosponsors added, [26AP]
H. Res. 156--
Resolution repealing rule XLIX of the Rules of the House of
Representatives relating to the statutory limit on the public debt;
to the Committee on Rules.
Cosponsors added, [25JA]
H. Res. 165--
Resolution expressing the sense of the House regarding the protection to
be accorded United States copyright-based industries under
agreements entered into pursuant to the Uruguay round of trade
negotiations; to the Committee on Ways and Means.
Cosponsors added, [12AP]
H. Res. 181--
Resolution providing for the termination of official funding of certain
legislative service organizations; to the Committee on House
Administration.
Cosponsors added, [2FE], [2AU]
H. Res. 190--
Resolution amending the Rules of the House of Representatives to reform
the House, and for other purposes; jointly, to the Committees on
Rules; House Administration.
Cosponsors added, [21AP], [2AU]
H. Res. 191--
Resolution prohibiting Members of the House of Representatives from
using the frank for unsolicited mailings; jointly, to the Committees
on House Administration; Post Office and Civil Service; Rules.
Cosponsors added, [12AP], [3AU]
H. Res. 202--
Resolution to express the sense of the House of Representatives with
respect to the broadcasting of video programming containing
violence; to the Committee on Energy and Commerce.
Cosponsors added, [25JA], [22MR]
H. Res. 213--
Resolution providing for savings in the operations of the House of
Representatives to be achieved by transferring functions to private
sector entities and eliminating staff positions; to the Committee on
House Administration.
Cosponsors added, [28JY], [1AU], [11AU]
H. Res. 225--
Resolution prohibiting purchase and franked mailing of certain calendars
for the House of Representatives; to the Committee on House
Administration.
Cosponsors added, [2FE], [21AP]
H. Res. 234--
Resolution expressing the sense of the House of Representatives that
obstetrician-gynecologists should be designated as primary care
providers for women in Federal laws relating to the provision of
health care; jointly, to the Committees on Energy and Commerce; Ways
and Means.
Cosponsors added, [25JA], [26JA], [24FE], [16MR], [24MR], [20AP],
[4MY], [10MY], [19MY], [24MY], [26MY], [10JN], [29JN], [12JY],
[2AU], [5OC], [29NO]
H. Res. 236--
Resolution to declare that July 28, 1994, be recognized as Parents Day;
to the Committee on Post Office and Civil Service.
Cosponsors added, [25JA], [3FE], [9FE], [23FE], [3MR], [9MR]
Agreed to in the House, [11MR]
H. Res. 238--
Resolution calling on the Committee on Standards of Official Conduct to
conduct an investigation into activity at the House Post Office to
determine whether House rules were broken or whether public funds
were embezzled by Members; to the Committee on Rules.
Cosponsors added, [8FE], [9FE], [10FE], [23FE], [1MR], [2MR], [11MR]
Laid on table, [2MR]
H. Res. 247--
Resolution amending the Rules of the House of Representatives to
establish a point of order against considering any provision of any
measure that contains a retroactive tax increase; to the Committee
on Rules.
Cosponsors added, [9FE], [21MR], [24MR], [12AP], [23MY], [17JN],
[29JN], [19JY], [5AU]
H. Res. 255--
Resolution expressing the sense of the House of Representatives that any
laws enacted pertaining to the reform of our Nation's health care
system should apply to Members of Congress; to the Committee on
House Administration.
Cosponsors added, [1FE], [7FE], [2MR], [10MR], [17MR], [24MR], [12AP],
[13AP], [5MY], [18MY], [8JN], [9JN], [13JN], [15JN], [12JY], [25JY],
[26JY], [1AU], [9AU], [29NO]
H. Res. 266--
Resolution requiring the appropriate committees of the House to report
legislation to transfer
[[Page 2674]]
certain functions of the Government Printing Office, and for other
purposes; to the Committee on Rules.
Cosponsors added, [9JN], [29JY], [11AU], [7OC]
H. Res. 270--
Resolution expressing the sense of the House of Representatives that any
comprehensive health care reform legislation should be considered on
the floor of the House of Representatives under an open rule that
authorizes any Representative to offer one or more amendments; to
the Committee on Rules.
Cosponsors added, [21MR], [23MR], [12AP], [20AP], [18JY], [20JY],
[25JY], [27JY], [1AU], [2AU], [4AU], [5AU], [8AU], [9AU]
H. Res. 271--
Resolution urging the President to initiate the immediate orderly
withdrawal of United States Armed Forces from Somalia, to ensure the
safe return of all members of the Armed Forces being held prisoner
by Somalia warlords, and recover the remains of members of the Armed
Forces killed in Somalia; to the Committee on Foreign Affairs.
Cosponsors added, [29NO]
H. Res. 277--
Resolution expressing the sense of the House of Representatives
respecting unfunded mandates; to the Committee on Government
Operations.
Cosponsors added, [3FE], [20AP]
H. Res. 281--
Resolution respecting child pornography; to the Committee on the
Judiciary.
Cosponsors added, [25JA], [2FE], [9FE], [23FE], [8MR], [23MR], [19AP],
[8JN]
H. Res. 288--
Resolution requiring the committees of the House of Representatives to
report legislation to include the Congress under certain employment
and civil rights laws; jointly, to the Committees on House
Administration; Ways and Means; Education and Labor; Government
Operations; the Judiciary.
Cosponsors added, [26JA]
H. Res. 290--
Resolution providing that the House may not adjourn to end this session
of Congress until it receives the report of the Joint Committee on
the Organization of the Congress and votes upon its recommendations;
to the Committee on Rules.
Cosponsors added, [3FE]
H. Res. 291--
Resolution expressing the sense of the House of Representatives that a
Presidential Commission should be established to investigate whether
there has been any measurable depletion of stratospheric ozone
beyond that caused by natural phenomena, whether it has been proven
that the use of chloroflourocarbons damages stratospheric ozone, and
whether the phaseout of chloroflourocarbons will have any effect on
stratospheric ozone; to the Committee on Energy and Commerce.
Cosponsors added, [14AP], [12MY], [19MY], [25MY], [9JN], [14JN],
[28JN], [28JY], [9AU], [29NO]
H. Res. 310--
Resolution amending the Rules of the House of Representatives to require
a 5-day waiting period before floor action on legislation, and for
other purposes; to the Committee on Rules.
Cosponsors added, [2FE]
H. Res. 312--
Resolution providing for the consideration of the bill (H.R. 3425) to
redesignate the Environmental Protection Agency as the Department of
Environmental Protection, and for other purposes.
Failed of passage, [2FE]
H. Res. 315--
Resolution expressing the sense of the House of Representatives that
previously authorized construction to improve medical facilities
administered by the Secretary of Veterans Affairs should not be
delayed by the national health care reform debate; to the Committee
on Veterans' Affairs.
Cosponsors added, [16MR]
H. Res. 323--
Resolution relating to the treatment of Hugo Princz, a United States
citizen, by the Federal Republic of Germany; to the Committee on
Foreign Affairs.
Agreed to in the House, [26JA]
Cosponsors added, [26JA]
H. Res. 325--
Resolution providing for a committee to notify the President of the
assembly of the Congress.
By Mr. GEPHARDT, [25JA]
Agreed to in the House, [25JA]
H. Res. 326--
Resolution to inform the Senate that a quorum of the House has
assembled.
By Mr. WHITTEN, [25JA]
Agreed to in the House, [25JA]
H. Res. 327--
Resolution providing for the hour of meeting of the House.
By Mr. MOAKLEY, [25JA]
Agreed to in the House, [25JA]
H. Res. 328--
Resolution expressing the condolences of the House on the death of
Representative Thomas P. ``Tip'' O'Neill, Jr.
By Mr. MOAKLEY, [25JA]
Agreed to in the House, [25JA]
H. Res. 329--
Resolution designating 1994 as a year to honor the memory and leadership
qualities of the Honorable Thomas P. ``Tip'' O'Neill, Jr., the late
Speaker of the House of Representatives; to the Committee on House
Administration.
By Mr. ROSE, [25JA]
Cosponsors added, [12AP], [19AP]
Rules suspended. Agreed to in the House amended, [20AP]
H. Res. 330--
Resolution to establish a special ad hoc committee to review the current
welfare system and to report comprehensive welfare reform
legislation; to the Committee on Rules.
By Mr. CASTLE (for himself and Mr. Emerson), [25JA]
Cosponsors added, [1FE], [8FE], [11FE], [17MY], [29JN]
H. Res. 331--
Resolution providing for the consideration of the Joint Resolution (H.J.
Res. 103) proposing an amendment to the Constitution to provide for
a balanced budget for the U.S. Government and for greater
accountability in the enactment of tax legislation; to the Committee
on Rules.
By Mr. STENHOLM (for himself, Mr. Smith of Oregon, Mr. Payne of
Virginia, Ms. Snowe, Mr. Kennedy, Mr. Inhofe, Mr. Barton of Texas,
and Mr. Kyl), [25JA]
Agreed to in the House, [16MR]
H. Res. 332--
Resolution providing amounts from the contingent fund of the House for
expenses of investigations and studies by the Committee on Standards
of Official Conduct in the second session of the 103d Congress; to
the Committee on House Administration.
By Mr. McDERMOTT, [26JA]
H. Res. 333--
Resolution providing amounts from the contingent fund of the House for
expenses of investigations and studies by the Committee on Ways and
Means in the 2d session of the 103d Congress; to the Committee on
House Administration.
By Mr. ROSTENKOWSKI, [1FE]
H. Res. 334--
Resolution providing amounts from the contingent fund of the House for
expenses of investigations and studies by the Committee on Banking,
Finance and Urban Affairs in the 2d session of the 103d Congress; to
the Committee on House Administration.
By Mr. GONZALEZ, [1FE]
H. Res. 335--
Resolution designating minority membership on certain standing
committees of the House.
By Mr. MICHEL, [2FE]
Agreed to in the House, [2FE]
H. Res. 336--
Resolution providing for the consideration of the bill (H.R. 3759)
making emergency supplemental appropriations for the fiscal year
ending September 30, 1994, and for other purposes
By Mr. BEILENSON, [2FE]
Reported (H. Rept. 103-416), [2FE]
Agreed to in the House, [3FE]
H. Res. 337--
Resolution expressing the sense of the House of Representatives with
respect to radiation experiments conducted by the Federal
Government; jointly,
By Mr. FROST (for himself and Ms. Eddie Bernice Johnson of Texas),
[2FE]
Cosponsors added, [13AP], [26MY]
H. Res. 338--
Resolution providing amounts from the contingent fund of the House for
expenses of investigations and studies by the Committee on Rules in
the 2d session of the 103d Congress; to the Committee on House
Administration.
By Mr. MOAKLEY (for himself and Mr. Solomon), [2FE]
H. Res. 339--
Resolution providing amounts from the contingent fund of the House for
expenses of investigations and studies by the Committee on Merchant
Marine and Fisheries in the 2d session of the 103d Congress; to the
Committee on House Administration.
By Mr. STUDDS (for himself and Mr. Fields of Texas), [2FE]
H. Res. 340--
Resolution providing amounts from the contingent fund of the House for
expenses of investigations and studies by the Committee on
Agriculture in the 2d session of the 103d Congress; to the Committee
on House Administration.
By Mr. de la Garza, [3FE]
H. Res. 341--
Resolution providing amounts from the contingent fund of the House for
expenses of investigations and studies by the Committee on Veterans'
Affairs in the 2d session of the 103d Congress; to the Committee on
House Administration.
By Mr. MONTGOMERY (for himself and Mr. Stump), [3FE]
H. Res. 342--
Resolution providing amounts from the contingent fund of the House for
expenses of investigations and studies by the Permanent Select
Committee on Intelligence in the 2d session of the 103d Congress; to
the Committee on House Administration.
By Mr. GLICKMAN, [3FE]
H. Res. 343--
Resolution to express the sense of the House of Representatives
condemning the racist, anti-Catholic, and anti-Semitic speech given
by a senior representative of the Nation of Islam and all
manifestations and expressions of hatred based on race, religion and
ethnicity; to the Committee on the Judiciary.
By Mr. LANTOS (for himself, Mr. Lewis of Georgia, Mr. Hoyer, Mr.
Gingrich, Ms. Norton, Mr. Porter, Ms. Kaptur, Mr. Bereuter, Mrs.
Schroeder, Mr. Gilman, Mr. Matsui, Mr. Swett, Ms. Eddie Bernice
Johnson of Texas, Mr. Houghton, Mr. Zimmer, Mr. King, Mr. Blute, Mr.
Klein, and Mr. Torkildsen), [3FE]
Cosponsors added, [8FE], [9FE], [11FE], [23FE]
Agreed to in the House, [23FE]
H. Res. 344--
Resolution providing amounts from the contingent fund of the House for
expenses of investigations and studies by the Committee on Science,
Space, and Technology in the 2d session of the 103d Congress; to the
Committee on House Administration.
By Mr. BROWN of California, [3FE]
H. Res. 345--
Resolution providing amounts from the contingent fund of the House for
expenses of investigations and studies by the Committee on Education
and Labor in the 2d session of the 103d Congress; to the Committee
on House Administration.
By Mr. FORD of Michigan (for himself and Mr. Williams), [3FE]
H. Res. 346--
Resolution providing amounts from the contingent fund of the House for
expenses of investigations and studies by the Committee on the
District of Columbia in the 2d session of the 103d Congress; to the
Committee on House Administration.
By Mr. STARK, [3FE]
H. Res. 347--
Resolution providing amounts from the contingent fund of the House for
expenses of investigations and studies by the Committee of Armed
Services in the 2d session of the 103d Congress; to the Committee on
House Administration.
By Mr. DELLUMS, [7FE]
H. Res. 348--
Resolution providing amounts from the contingent fund of the House for
expenses of investigations and studies by the Committee of Foreign
Affairs in the 2d session of the 103d Congress; to the Committee on
House Administration.
By Mr. HAMILTON, [7FE]
[[Page 2675]]
H. Res. 349--
Resolution providing amounts from the contingent fund of the House for
expenses of investigations and studies by the Committee on Natural
Resources in the 2d session of the 103d Congress; to the Committee
on House Administration.
By Mr. MILLER of California, [7FE]
H. Res. 350--
Resolution providing amounts from the contingent fund of the House for
expenses of investigations and studies by the Committee on Public
Works and Transportation in the 2d session of the 103d Congress; to
the Committee on House Administration.
By Mr. MINETA, [7FE]
H. Res. 351--
Resolution to agree to the Senate amendment to the bill (H.R. 2339) with
an amendment.
By Mr. OWENS, [8FE]
Agreed to in the House, [8FE]
H. Res. 352--
Resolution providing for the consideration of the bill (H.R. 811) to
reauthorize the independent counsel law for an additional 5 years,
and for other purposes.
By Mr. DERRICK, [8FE]
Reported (H. Rept. 103-419), [8FE]
Agreed to in the House, [9FE]
H. Res. 353--
Resolution providing amounts from the contingent fund of the House for
expenses of investigations and studies by the Committee on
Government Operations in the 2d session of the 103d Congress; to the
Committee on House Administration.
By Mr. CONYERS, [8FE]
H. Res. 354--
Resolution amending the rules of the House of Representatives to require
that committee reports accompanying authorization and revenue bills
include employment impact statements prepared by the Director of the
Congressional Budget Office; to the Committee on Rules.
By Mr. GALLO (for himself, Mr. Solomon, Mr. Santorum, Mr. Canady, Mr.
Armey, Mr. Machtley, Mr. Quinn, and Mr. Hastert), [9FE]
Cosponsors added, [23FE], [12MY]
H. Res. 355--
Resolution expressing the sense of the House of Representatives that the
people of the United States should be encouraged to practice random
acts of kindness; to the Committee on the Judiciary.
By Mr. TUCKER (for himself, Mr. Lehman, Mr. Thomas of California, Mr.
Valentine, Mr. Wynn, Mr. Lewis of Georgia, Mr. Watt, and Ms. Roybal-
Allard), [9FE]
H. Res. 356--
Resolution waiving a requirement of clause 4(b) of rule XI with respect
to consideration of a certain resolution reported from the Committee
on Rules.
By Mr. BEILENSON, [9FE]
Reported (H. Rept. 103-421), [9FE]
H. Res. 357--
Resolution providing for consideration of the bill (H.R. 3345) to amend
title 5, United States Code, to eliminate certain restrictions on
employee training; to provide temporary authority to agencies
relating to voluntary separation incentive payments; and for other
purposes.
By Mr. MOAKLEY, [9FE]
Reported (H. Rept. 103-422), [9FE]
Agreed to in the House, [10FE]
H. Res. 358--
Resolution providing amounts from the contingent fund of the House for
expenses of investigations and studies by the Committee on the
Judiciary in the 2d session of the 103d Congress; to the Committee
on House Administration.
By Mr. BROOKS, [10FE]
H. Res. 359--
Resolution providing amounts from the contingent fund of the House for
expenses of investigations and studies by the Committee on Small
Business in the 2d session of the 103d Congress; to the Committee on
House Administration.
By Mr. LaFALCE, [10FE]
H. Res. 360--
Resolution entitled, resolution of inquiry; jointly, to the Committees
on Small Business; the Judiciary; Post Office and Civil Service.
By Mrs. MEYERS of Kansas (for herself, Mr. Combest, Mr. Baker of
Louisiana, Mr. Machtley, Mr. Sam Johnson, Mr. Zeliff, Mr. Collins of
Georgia, Mr. McInnis, Mr. Huffington, Mr. Talent, Mr. Knollenberg,
Mr. Kim, Mr. Manzullo, Mr. Torkildsen, and Mr. Portman), [10FE]
H. Res. 361--
Resolution providing amounts from the contingent fund of the House for
expenses of investigations and studies by the Committee on House
Administration in the 2d session of the 103d Congress; to the
Committee on House Administration.
By Mr. ROSE, [10FE]
H. Res. 362--
Resolution expressing the sense of the House of Representatives that the
action taken by the Government of France against seafood imports
from the United States is a totally unwarranted act of
protectionism; jointly, to the Committees on Ways and Means; Foreign
Affairs.
By Mr. FRANK of Massachusetts (for himself, Mr. Studds, and Mr.
Torkildsen), [11FE]
Cosponsors added, [23FE], [2MR], [15MR], [12AP], [4MY]
H. Res. 363--
Resolution providing that all House of Representatives meetings and
hearings on health care legislation shall be open to the public, and
expressing the sense of the House that the Senate and the executive
branch should allow public access to the process of health care
reform; jointly, to the Committees on Rules; Government Operations.
By Mr. TORKILDSEN (for himself, Mr. Blute, Ms. Pryce of Ohio, Mr. Kim,
Mr. Quinn, Mr. Mica, Mr. Baker of California, Mr. Grams, Mr. Goss,
Mr. Buyer, Mr. Linder, Mr. Knollenberg, Mr. Bunning, and Mr.
Bereuter), [11FE]
Cosponsors added, [11MR], [21AP]
H. Res. 364--
Resolution providing amounts from the contingent fund of the House for
expenses of investigations and studies by the Committee on Post
Office and Civil Service in the 2d session of the 103d Congress; to
the Committee on House Administration.
By Mr. CLAY, [22FE]
H. Res. 365--
Resolution amending the Rules of the House of Representatives to limit
the availability of appropriations for office salaries and expenses
of the House of Representatives to 1 year and to require excess
amounts appropriated for the purpose to be used for open-market
purchase of outstanding interest-bearing obligations of the
Government; to the Committee on Rules.
By Mr. HEFLEY, [22FE]
Cosponsors added, [23FE], [28FE], [2MR], [3MR], [9MR], [10MR], [24MR]
H. Res. 366--
Resolution providing for the consideration of the bill (H.R. 6) to
extend for 6 years the authorizations of appropriations for the
programs under the Elementary and Secondary Education Act of 1965,
and for certain other purposes.
By Mr. BEILENSON, [23FE]
Reported (H. Rept. 103-426), [23FE]
Agreed to in the House, [24FE]
H. Res. 367--
Resolution providing amounts from the contingent fund of the House for
expenses of investigations and studies by the Committee on Energy
and Commerce in the 2d session of the 103d Congress; to the
Committee on House Administration.
By Mr. DINGELL, [23FE]
H. Res. 368--
Resolution expressing the sense of the House of Representatives with
respect to the inclusion in any comprehensive benefits package under
health care reform of mammography screenings for women under the age
of 50; jointly, to the Committees on Energy and Commerce; Ways and
Means.
By Mr. TOWNS (for himself, Mrs. Collins of Illinois, Ms. Velazquez,
and Mrs. Vucanovich), [23FE]
Cosponsors added, [22MR], [14AP], [5MY], [19MY], [8JN]
H. Res. 369--
Resolution providing amounts from the contingent fund of the House for
the expenses of investigations and studies by certain committees of
the House in the 2d session of the 103d Congress; to the Committee
on House Administration.
By Mr. FROST, [24FE]
Reported with amendment (H. Rept. 103-433), [15MR]
Agreed to in the House amended, [22MR]
H. Res. 370--
Resolution providing for the consideration of the bill (H.R. 3087),
proposing to amend the Federal Aviation Act of 1958 to establish
time limitations on certain civil actions against aircraft
manufacturers, and for other purposes; to the Committee on Rules.
By Mr. GLICKMAN (for himself and Mr. Hansen), [24FE]
H. Res. 371--
Resolution requesting the President to designate April 1994 as
``National Savings Month''; to the Committee on Post Office and
Civil Service.
By Mr. LaROCCO, [24FE]
H. Res. 372--
Resolution expressing the sense of the House of Representatives
concerning providing as part of health care reform financial
incentives to promote worksite health promotion programs; jointly,
to the Committees on Energy and Commerce; Education and Labor.
By Mr. BROWN of Ohio (for himself and Mr. Upton), [1MR]
Cosponsors added, [11MR], [24MR], [19AP], [9JN], [21JN], [13SE], [4OC]
H. Res. 373--
Resolution providing for the consideration of the bill (H.R. 3087),
proposing to amend the Federal Aviation Act of 1958 to establish
time limitations on certain civil actions against aircraft
manufacturers, and for other purposes; to the Committee on Rules.
By Mr. GLICKMAN (for himself and Mr. Hansen), [1MR]
H. Res. 374--
Resolution to request a conference with the Senate on an amendment of
the House to the bill S. 636
By Ms. SLAUGHTER, [2MR]
Reported (H. Rept. 103-427), [2MR]
Agreed to in the House, [17MR]
H. Res. 375--
Resolution relating to a question of the privileges of the House.
By Mr. GEPHARDT, [2MR]
Agreed to in the House, [2MR]
H. Res. 376--
Resolution amending the Code of Official Conduct of the Rules of the
House of Representatives to require that contributions to legal
defense funds for the benefit of Members shall be treated as
campaign contributions; to the Committee on Standards of Official
Conduct.
By Mr. JOHNSON of South Dakota, [2MR]
H. Res. 377--
Resolution instructing the Committee on the Budget to make the precise
spending cuts set forth in this resolution to save $285 billion over
the next 5 fiscal years unless the committee determines that any
such cuts would be unjustified; to the Committee on Rules.
By Mr. GOSS, [2MR]
Cosponsors added, [11MR], [15MR], [14AP], [17MY]
H. Res. 378--
Resolution amending the Rules of the House of Representatives to require
Members to sign an oath of secrecy before receiving access to
classified information; to the Committee on Rules.
By Mr. GOSS (for himself and Mr. Hyde), [3MR]
H. Res. 379--
Resolution providing for consideration of the bill (H.R. 3087) to amend
the Federal Aviation Act of 1958 to establish time limitations on
certain civil actions against aircraft manufacturers, and for other
purposes; to the Committee on Rules.
By Mr. GLICKMAN (for himself and Mr. Hansen), [7MR]
H. Res. 380--
Resolution providing for the concurrence by the House with an amendment
to the amendment of the Senate to H.R. 3345.
By Mr. CLAY, [8MR]
Rules suspended. Agreed to in the House, [8MR]
H. Res. 381--
Resolution amending the Rules of the House of Representatives to require
a three-fifths majority vote to pass any bill, joint resolution,
amendment, or conference report raising revenues; to the Committee
on Rules.
By Mr. HEFLEY (for himself, Mr. Bachus of Alabama, Mr. Bunning, Mr.
Burton of Indiana, Mr. Canady, Mr. Doolittle, Mr. Emerson, Mr.
Gallegly, Mr.
[[Page 2676]]
Gingrich, Mr. Hansen, Ms. Dunn, Mr. King, Mr. Lightfoot, Mr.
Livingston, Mr. McHugh, Mr. Myers of Indiana, Mr. Portman, Mr.
Ramstad, Mr. Stump, Mr. Sundquist, Mr. Torkildsen, and Mr. Linder),
[8MR]
Cosponsors added, [12AP], [3MY], [12MY], [19MY]
H. Res. 382--
Resolution providing for the consideration of the bill (H.R. 65) to
amend title 10, United States Code, to permit retired members of the
Armed Forces who have a service-connected disability to receive
military retired pay concurrently with veterans' disability
compensation; to the Committee on Rules.
By Mr. BILIRAKIS, [9MR]
Discharge petition filed (Pet. 103-15), [24MR]
H. Res. 383--
Resolution amending the Rules of the House of Representatives respecting
committee staff; to the Committee on Rules.
By Mr. THOMAS of California (for himself, Mr. Michel, Mr. Gingrich,
Mr. Roberts, Mr. Barrett of Nebraska, Mr. Boehner, and Ms. Dunn),
[9MR]
Cosponsors added, [21MR], [22MR], [13AP], [20AP], [4MY]
H. Res. 384--
Resolution providing for the consideration of H. Con. Res. 218, setting
forth the congressional budget for the U.S. Government for fiscal
years 1995, 1996, 1997, 1998, and 1999.
By Mr. DERRICK, [9MR]
Reported (H. Rept. 103-429), [9MR]
Agreed to in the House, [10MR]
H. Res. 385--
Resolution amending the Rules of the House of Representatives to
prohibit consideration of any measure proposing a balanced-budget
constitutional amendment until the Congressional Budget Office
certifies that the Federal budget has been in balance for the two
most recently completed fiscal years; to the Committee on Rules.
By Ms. MARGOLIES-MEZVINSKY, [10MR]
H. Res. 386--
Resolution providing for the consideration of the bill (H.R. 3500) to
amend title IV of the Social Security Act to provide welfare
families with the education, training, job search, and work
experience needed to prepare them to leave welfare within 2 years,
to increase the rate of paternity establishment for children
receiving welfare benefits, to provide States with greater
flexibility in providing welfare, to authorize States to conduct
demonstration projects to test the effectiveness of policies
designed to help people leave welfare and increase their financial
security, to strengthen child support enforcement, and to eliminate
welfare payments for most groups of noncitizens; to the Committee on
Rules.
By Mr. SHAW (for himself, Mr. Michel, Mr. Gingrich, Mr. Santorum, Mr.
DeLay, Mr. Grandy, Mr. Camp, Mrs. Johnson of Connecticut, and Mr.
Castle), [10MR]
Discharge petition filed (Pet. 103-17), [4MY]
H. Res. 387--
Resolution providing amounts from the contingent fund of the House for
continuing expenses of investigations and studies by certain
committees of the House from April 1, 1994, through May 31, 1994.
By Mr. FROST, [15MR]
Reported (H. Rept. 103-434), [15MR]
H. Res. 388--
A resolution waiving points of order against the conference report to
accompany the bill (H.R. 3345) to amend title 5, United States Code,
to eliminate certain restrictions on employee training; to provide
temporary authority to agencies relating to voluntary separation
incentive payments; and for other purposes.
By Mr. MOAKLEY, [16MR]
Reported (H. Rept. 103-436), [16MR]
Agreed to in the House, [23MR]
H. Res. 389--
Resolution urging the Committee on Foreign Affairs to conduct a hearing
to determine the foreign policy implications of the proposed joint
United States-Russian space station; jointly, to the Committees on
Foreign Affairs; Science, Space, and Technology.
By Mr. ROEMER (for himself, Mr. Zimmer, Mr. Durbin, Mr. Ramstad, Mr.
Hughes, and Mrs. Roukema), [16MR]
Cosponsors added, [17MR], [29JY], [30SE]
H. Res. 390--
Resolution expressing the sense of the House of Representatives
regarding the Hebron massacre and the Middle East peace process;
jointly, to the Committees on Foreign Affairs; the Judiciary.
By Mr. RAHALL (for himself and Mr. Bonior), [17MR]
Cosponsors added, [21MR], [12AP], [13AP], [3MY], [23MY]
H. Res. 391--
Resolution expressing the sense of the House of Representatives that the
State of California should enact legislation to make the State's
indeterminate sentencing system applicable to all serious violent
crimes, while continuing to provide and maintain any current minimum
sentences for such crimes; to the Committee on the Judiciary.
By Mr. DREIER (for himself, Mr. Lewis of California, Mr. Huffington,
Mr. Packard, Mr. Gallegly, Mr. Herger, Mr. McKeon, Mr. Calvert, Mr.
Horn, Mr. Royce, Mr. Dornan, and Mr. Kim), [17MR]
H. Res. 392--
Resolution expressing the sense of the House that the Governor of the
State of California, or the California Board of Prison Terms, or
both, should take actions within their power to bring about the
reconsideration of the 1972 conviction and/or the immediate release
from prison of Elmer ``Geronimo'' Pratt, and that the Judiciary
Committee should inquire into the information known to the Federal
Bureau of Investigation, which was not released to the California
Attorney General and courts in 1980; to the Committee on the
Judiciary.
By Mr. DELLUMS, [17MR]
H. Res. 393--
Resolution waiving points of order against the conference report to
accompany the bill (H.R. 1804) to improve learning and teaching by
providing a national framework for education reform; to promote the
research, consensus building, and systemic changes needed to ensure
equitable educational opportunities and high level of educational
achievement for all American students; to provide a framework for
reauthorization of all Federal education programs; to promote the
develpment and adoption of a voluntary national system of skill
standards and certifications, and for other purposes.
By Mr. DERRICK, [21MR]
Reported (H. Rept. 103-447), [21MR]
Agreed to in the House, [23MR]
H. Res. 394--
Resolution to express the sense of the House that Congress has a
constitutional obligation to conduct oversight of matters related to
the operation of the government.
By Mr. GEPHARDT (for himself and Mr. Michel), [22MR]
Agreed to in the House, [22MR]
H. Res. 395--
Resolution providing for consideration of the bill (H.R. 4092) to
control and prevent crime.
By Mr. DERRICK, [22MR]
Reported (H. Rept. 103-449), [22MR]
Agreed to in the House, [23MR]
H. Res. 396--
A resolution concerning the exercise of the powers and duties of the
chairman of the Committee on Appropriations.
By Mr. HOYER, [23MR]
Agreed to in the House, [23MR]
H. Res. 397--
Resolution providing for consideration of a certain motion to suspend
the rules.
By Mr. FROST, [23MR]
Reported (103-452), [23MR]
Agreed to in the House, [24MR]
H. Res. 398--
Resolution providing for consideration of the bill (S. 1458) to amend
the Federal Aviation Act of 1958 to establish time limitations on
certain civil actions against aircraft manufacturers, and for other
purposes; to the Committee on Rules.
By Mr. GLICKMAN (for himself and Mr. Hansen), [23MR]
H. Res. 399--
Resolution electing Representative Obey as Chairman of the Committee on
Appropriations.
By Mr. HOYER, [12AP]
Agreed to in the House, [12AP]
H. Res. 400--
Resolution expressing the condolences of the House on the death of
Representative William H. Natcher.
By Mr. MAZZOLI, [12AP]
Agreed to in the House, [12AP]
H. Res. 401--
Resolution providing for further consideration of the bill (H.R. 4092)
to control and prevent crime.
By Mr. DERRICK, [12AP]
Reported (H. Rept. 103-474), [12AP]
Agreed to in the House, [13AP]
H. Res. 402--
Resolution providing for the consideration of the bill (H.R. 300) to
amend title II of the Social Security Act to eliminate the earnings
test for individuals who have attained retirement age; to the
Committee on Rules.
By Mr. HASTERT (for himself and Mr. Goss), [12AP]
Cosponsors added, [12SE]
Discharge petition filed (Pet. 103-18), [11MY]
H. Res. 403--
Resolution requesting the President to designate April 1994 as
``National Savings Month''; to the Committee on Post Office and
Civil Service.
By Mr. LaROCCO, [12AP]
Cosponsors added, [21AP], [25MY]
H. Res. 404--
Resolution providing for the consideration of the bill (H.R. 3266) to
provide for automatic downward adjustments in the discretionary
spending limits for fiscal year 1994 set forth in the Congressional
Budget Act of 1974 equal to the amount of rescissions contained in
this Act; to the Committee on Rules.
By Mr. ZELIFF (for himself and Mr. Andrews of New Jersey), [12AP]
H. Res. 405--
Resolution providing for consideration of the bill (S. 1458) to amend
the Federal Aviation Act of 1958 to establish time limitations on
certain civil actions against aircraft manufacturers, and for other
purposes; to the Committee on Rules.
By Mr. GLICKMAN (for himself and Mr. Hansen), [13AP]
Discharge petition filed (Pet. 103-21), [26MY]
H. Res. 406--
Resolution providing for the concurrency by the House with amendments in
amendment of the Senate to H.R. 821.
By Mr. MONTGOMERY (for himself, Mr. Bonilla, and Mr. Sangmeister),
[18AP]
Rules suspended. Agreed to in the House, [18AP]
H. Res. 407--
Resolution providing for the consideration of the bill (H.R. 3266) to
provide for automatic downward adjustments in the discretionary
spending limits for fiscal year 1994 set forth in the Congressional
Budget Act of 1974 equal to the amount of rescissions contained in
this act; to the Committee on Rules.
By Mr. ZELIFF (for himself and Mr. Andrews of New Jersey), [18AP]
Discharge petition filed (Pet. 103-16), [4MY]
H. Res. 408--
Resolution providing for the consideration of the bill (H.R. 3835) to
establish a National Advisory Referendum on limiting the terms of
Members of Congress at the general election of 1994, and for
amendments adding new titles dealing with advisory referenda on the
balanced budget amendment and Line Item Veto Act, the Sunshine for
Committees Act, the Private Property Protection Act, and
miscellaneous reform amendments; to the Committee on Rules.
By Mr. HOEKSTRA, [19AP]
H. Res. 409--
Resolution providing for the consideration of the bill (H.R. 3835) to
establish a national advisory referendum on limiting the terms of
Members of Congress at the general election of 1994, and for the
consideration of provisions for advisory referenda on a balanced
budget amendment and a Presidential line-item veto; to the Committee
on Rules.
By Mr. HOEKSTRA, [20AP]
Discharge petition filed (Pet. 103-22), [22JN]
H. Res. 410--
Resolution providing for the consideration of the bill (H.R. 3221) to
provide for the adjudication of certain claims against the
Government of Iraq.
By Mr. BONIOR, [21AP]
Reported (H. Rept. 103-481), [21AP]
[[Page 2677]]
Agreed to in the House, [28AP]
H. Res. 411--
Resolution expressing the profound regret and sorrow of the House of
Representatives on the death of Richard Milhous Nixon, former
President of the United States of America.
By Mr. MICHEL, [25AP]
Agreed to in the House, [25AP]
H. Res. 412--
Resolution providing for the concurrence by the House with an amendment
in the amendment of the Senate to the amendment of the House to S.
1636.
By Mr. STUDDS, [26AP]
Agreed to in the House, [26AP]
H. Res. 413--
Resolution providing for the concurrence by the House with an amendment,
in the amendment by the Senate to bill H.R. 1727.
By Mr. BOUCHER, [26AP]
Agreed to in the House, [26AP]
H. Res. 414--
Resolution providing for the consideration of the bill (H.R. 3254) to
authorize appropriations for the National Science Foundation, and
for other purposes.
By Mr. HALL of Ohio, [28AP]
Reported (H. Rept. 103-485), [28AP]
Agreed to in the House, [3MY]
H. Res. 415--
Resolution providing for the consideration of the bill (H.R. 830) to
amend title 5, United States Code, to clarify procedures for
judicial review of Federal agency compliance with regulatory
flexibility analysis requirements, and for other purposes; to the
Committee on Rules.
By Mr. EWING , [3MY]
Discharge petition filed (Pet. 103-19), [17MY]
H. Res. 416--
Resolution providing for consideration of the bill (H.R. 4296) to make
unlawful the transfer or possession of assault weapons.
By Mr. DERRICK, [4MY]
Reported (H. Rept. 103-492), [4MY]
Agreed to in the House, [5MY]
H. Res. 417--
Resolution waiving points of order against the conference report to
accompany the bill (S. 636) to amend the Public Health Service Act
to permit individuals to have freedom of access to certain medical
clinics and facilities, and for other purposes.
By Ms. SLAUGHTER, [4MY]
Reported (H. Rept. 103-493), [4MY]
Agreed to in the House, [5MY]
H. Res. 418--
Resolution waiving points of order against the conference report to
accompany the concurrent resolution (H. Con. Res. 218) setting forth
the congressional budget for the U.S. Government for the fiscal
years 1995, 1996, 1997, 1998, and 1999, and providing that rule XLIX
shall not apply with respect to the adopting of that conference
report.
By Mr. BEILENSON, [4MY]
Reported (H. Rept. 103-494), [4MY]
Agreed to in the House, [5MY]
H. Res. 419--
Resolution amending the Rules of the House of Representatives to provide
for certain changes in the bipartisan administrative oversight of
House functions; jointly, to the Committees on Rules; House
Administration.
By Mr. MICHEL (for himself, Mr. Gingrich, Mr. Thomas of California,
Mr. Roberts, Mr. Livingston, Mr. Barrett of Nebraska, Mr. Boehner,
and Ms. Dunn), [5MY]
H. Res. 420--
Resolution providing for the consideration of the bill (H.R. 2442) to
reauthorize appropriations under the Public Works and Economic
Development Act of 1965, as amended, to revise administrative
provisions of the act to improve the authority of the Secretary of
Commerce to administer grant programs, and for other purposes.
By Mr. BEILENSON, [5MY]
Reported (H. Rept. 103-495), [5MY]
Agreed to in the House, [10MY]
H. Res. 421--
Resolution waiving points of order against the conference report to
accompany the bill (S. 2000) to authorize appropriations for fiscal
years 1995 through 1998 to carry out the Head Start Act and the
Community Services Block Grant Act, and for other purposes.
By Mr. HALL of Ohio, [11MY]
Reported (H. Rept. 103-502), [11MY]
Agreed to in the House, [12MY]
H. Res. 422--
Resolution providing for the consideration of the bill (H.R. 518) to
designate certain lands in the California desert as wilderness, to
establish the Death Valley and Joshua Tree National Parks and the
Mojave National Monument, and for other purposes.
By Mr. BEILENSON, [11MY]
Reported (H. Rept. 103-503), [11MY]
Agreed to in the House, [17MY]
H. Res. 423--
Resolution providing for the consideration of the bill (H.R. 2473) to
designate certain National Forest lands in the State of Montana as
wilderness, to release other National Forest lands in the State of
Montana for multiple use management, and for other purposes.
Mr. GORDON, [11MY]
Reported (H. Rept. 103-504), [11MY]
Agreed to in the House, [12MY]
H. Res. 424--
Resolution expressing the sense of the House of Representatives that
Members of Congress should have the opportunity to offer an
amendment striking an employer mandate in any legislation to reform
our health care system; to the Committee on Rules.
By Mr. TAUZIN (for himself and Mr. Hastert), [11MY]
Cosponsors added, [19MY], [1AU], [9AU], [12AU], [12SE]
H. Res. 425--
Resolution amending the Rules of the House of Representatives to
prohibit voting by proxy in committees and subcommittees; to the
Committee on Rules.
By Mr. GOODLATTE, [12MY]
Cosponsors added, [10AU]
H. Res. 426--
Resolution to amend the Rules of the House of Representatives to allow
Members to require rollcall votes to strike specific line items
contained in appropriations bills; to the Committee on Rules.
By Mr. GOODLATTE, [12MY]
H. Res. 427--
Resolution to amend the Rules of the House of Representatives to require
a rollcall vote on passage of any measure making appropriations or
providing revenue; to the Committee on Rules.
By Mr. GOODLATTE, [12MY]
H. Res. 428--
Resolution providing for consideration of the bill (H.R. 2108) to make
improvements in the Black Lung Benefits Act.
By Ms. SLAUGHTER, [17MY]
Reported (H. Rept. 103-508), [17MY]
Agreed to in the House, [19MY]
H. Res. 429--
Resolution providing for consideration of the bill (H.R. 4301) to
authorize appropriations for fiscal year 1995 for military
activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 1995, and for other purposes.
By Mr. FROST, [17MY]
Reported (H. Rept. 103-509), [17MY]
Agreed to in the House, [18MY]
H. Res. 430--
Resolution congratulating the people of India on the occasion of the
47th anniversary of their nation's independence; to the Committee on
Foreign Affairs.
By Mr. STEARNS, [18MY]
Cosponsors added, [23MY], [26MY], [13JN], [21JY], [22JY], [27JY],
[28JY], [29JY], [1AU], [9AU], [17AU], [21AU], [20SE]
H. Res. 431--
A resolution providing for further consideration of the bill (H.R. 4301)
to authorize appropriations for fiscal year 1995 for military
activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 1995, and for other purposes.
By Mr. FROST, [20MY]
Reported (H. Rept. 103-520, [20MY]
Agreed to in the House, [23MY]
H. Res. 432--
Resolution requiring the House of Representatives to take any
legislative action necessary to verify the ratification of the Equal
Rights Amendment as part of the Constitution, when the legislatures
of an additional 3 States ratify the Equal Rights Amendment; to the
Committee on the Judiciary.
By Mr. ANDREWS of New Jersey (for himself, Mrs. Byrne, Mr. Andrews of
Maine, Ms. Schenk, Mr. Hastings, Mr. Deutsch, and Mr.
Hochbrueckner), [23MY]
Cosponsors added, [22JN], [12JY], [19JY], [27JY], [3AU], [5AU],
[10AU], [18AU], [19SE], [26SE], [30SE]
H. Res. 433--
Resolution waiving certain points of order against the bill (H.R. 4453)
making appropriations for military construction for the Department
of Defense for the fiscal year ending September 30, 1995, and for
other purposes.
By Mr. HALL of Ohio, [23MY]
Reported (H. Rept. 103-523), [23MY]
Agreed to in the House, [24MY]
H. Res. 434--
Resolution expressing the sense of the House of Representatives that any
law enacted pertaining to the reform of our Nation's health care
system should apply to Members of Congress and all Federal employees
enrolled in the Federal Employees Health Benefits Program [FEHBP],
including any individual who is appointed or elected to a position
in the executive, legislative, or judicial branch of the U.S.
Government; jointly, to the Committees on Energy and Commerce; Ways
and Means; Post Office and Civil Service.
By Mr. PORTMAN, [23MY]
Cosponsors added, [8JN], [14JN], [15JN], [12JY], [20JY], [21JY],
[22JY], [25JY], [28JY], [3AU], [9AU]
H. Res. 435--
Resolution directing the Committee on House Administration to make
public all transcripts of proceedings and documents related to the
investigation of the House Administration Committee task force to
investigate the operation and management of the House post office;
to the Committee on Rules.
By Mr. KLUG (for himself, Mr. Boehner, and Mr. Roberts), [24MY]
H. Res. 436--
Resolution directing the Committee on Standards of Official Conduct to
investigate allegations pertaining to the House post office; to the
Committee on Rules.
By Mr. KLUG (for himself, Mr. Boehner, and Mr. Roberts), [24MY]
Cosponsors added, [9JN]
H. Res. 437--
Resolution directing the Committee on Agriculture, the Committee on
Banking, Finance and Urban Affairs, the Committee on Government
Operations, the Committee on the Judiciary, and the Committee on
Small Business to commence hearings on issues within their
jurisdiction relating to the Whitewater Development Corp. and
related issues; to the Committee on Rules.
By Mr. DOOLITTLE (for himself, Mr. Gingrich, Mr. Armey, Mr. McCollum,
Mr. DeLay, Mr. Hunter, Mr. Hyde, Mr. Walker, Mr. Leach, Mr. Roberts,
Mr. Clinger, Mr. Fish, Mrs. Meyers of Kansas, Mr. Allard, Mr. Bachus
of Alabama, Mr. Baker of California, Mr. Baker of Louisiana, Mr.
Ballenger, Mr. Barrett of Nebraska, Mr. Bartlett of Maryland, Mrs.
Bentley, Mr. Bereuter, Mr. Bliley, Mr. Blute, Mr. Boehlert, Mr.
Boehner, Mr. Bunning, Mr. Burton of Indiana, Mr. Canady, Mr. Castle,
Mr. Combest, Mr. Collins of Georgia, Mr. Cunningham, Mr. Crane, Mr.
Dornan, Mr. Dreier, Ms. Dunn, Mr. Everett, Mr. Ewing, Mr. Gekas, Mr.
Gallo, Mr. Gillmor, Mr. Goodlatte, Mr. Hancock, Mr. Hastert, Mr.
Hefley, Mr. Herger, Mr. Hobson, Mr. Hoekstra, Mr. Hoke, Mr.
Huffington, Mr. Inglis of South Carolina, Mr. Istook, Mrs. Johnson
of Connecticut, Mr. Sam Johnson of Texas, Mr. Klug, Mr. Knollenberg,
Mr. Kyl, Mr. Lewis of Florida, Mr. Linder, Mr. Livingston, Mr.
Lucas, Mr. McKeon, Mr. Manzullo, Mr. Miller of Florida, Mr. Nussle,
Mr. Packard, Mr. Paxon, Mr. Pombo, Ms. Pryce of Ohio, Mr. Ravenel,
Mr. Rohrabacher, Mr. Rogers, Mr. Royce, Mr. Santorum, Mr. Saxton,
Mr. Schiff, Mr. Shays, Mr. Shuster, Mr. Smith of New Jersey, Mr.
Smith of Texas, Mr. Smith of Michigan, Mr. Solomon, Mr. Spence, Mr.
Stearns, Mr. Stump, Mr. Talent,
[[Page 2678]]
Mr. Taylor of North Carolina, Mr. Thomas of Wyoming, Mr. Torkildsen,
Mr. Upton, Mrs. Vucanovich, Mr. Weldon, Mr. Wolf and Mr. Zeliff),
[24MY]
Cosponsors added, [25MY], [14JN]
H. Res. 438--
Resolution amending the Rules of the House of Representatives to require
a two-thirds vote to adopt a rule disallowing germane amendments to
a bill or resolution; to the Committee on Rules.
By Mr. PORTMAN, [24MY]
H. Res. 439--
Resolution waiving points of order against the conference report to
accompany the bill (S. 24) to reauthorize the independent counsel
law for an additional 5 years, and for other purposes.
By Mr. DERRICK, [24MY]
Reported (H. Rept. 103-527), [24MY]
Agreed to in the House, [21JN]
H. Res. 440--
Resolution providing for consideration of the bill (H.R. 4385) to amend
title 23, United States Code, to designate the National Highway
System, and for other purposes.
By Mr. MOAKLEY, [24MY]
Reported (H. Rept. 103-528), [24MY]
Agreed to in the House, [25MY]
H. Res. 441--
Resolution waiving a requirement of clause 4(b) of rule XI with respect
to consideration of a certain resolution reported from the Committee
on Rules.
By Mr. HALL of Ohio, [24MY]
Reported (H. Rept. 103-529), [24MY]
Agreed to in the House, [25MY]
H. Res. 442--
Resolution electing Representative Lucas of Oklahoma; to the Committees
on Agriculture; Government Operations.
By Mr. MICHEL, [25MY]
Agreed to in the House, [25MY]
H. Res. 443--
Resolution providing for the consideration of the bill (H.R. 4426)
making appropriations for foreign operations, export financing, and
related programs for fiscal year ending September 30, 1985
By Mr. HALL of Ohio, [25MY]
Reported (H. Rept. 103-530), [25MY]
Agreed to in the House, [25MY]
H. Res. 444--
Resolution providing for consideration of the bill (H.R. 4454) making
appropriations for the legislative branch for the fiscal year ending
September 30, 1995, and for other purposes.
By Mr. DERRICK, [25MY]
Reported (H. Rept. 103-532), [25MY]
Agreed to in the House, [26MY]
H. Res. 445--
Resolution providing for the consideration of the bill (H.R. 3266) to
provide for automatic downward adjustments in the discretionary
spending limits for fiscal year 1994 set forth in the Congressional
Budget Act of 1974 equal to the amount of rescissions contained in
the Act; to the Committee on Rules.
By Mr. DEAL (for himself, Mr. Stenholm, Mr. Fingerhut, Mrs. Thurman,
Mr. Minge, Mr. Baesler, Mr. Barca of Wisconsin, Mr. Brown of Ohio,
Mr. Browder, Mr. Copppersmith, Mr. DeFazio, Mr. Pete Geren of Texas,
Mr. Hall of Texas, Ms. Harman, Mr. Hayes, Mr. Holden, Mr. Johnson of
Georgia, Mr. Mann, Ms. Margolies-Mezvinsky, Mr. McHale, Mr. Meehan,
Mr. Peterson of Minnesota, Ms. Schenk, Mr. Tanner, Mr. Tauzin, Mr.
Taylor of Mississippi, Mr. Andrews of Texas, Mr. Bilbray, Mr.
Condit, Mr. Penny, and Mr. Cooper), [26MY]
Cosponsors added, [8JN]
H. Res. 446--
Resolution expressing the sense of the House of Representatives
regarding the issuance under title VII of the Civil Rights Act of
1964 of administrative guidelines applicable to religious harassment
in employment; to the Committee on Education and Labor.
By Mr. McKEON (for himself, Mr. Applegate, Mr. Archer, Mr. Armey, Mr.
Bachus of Alabama, Mr. Baesler, Mr. Baker of California, Mr. Baker
of Louisiana, Mr. Barcia of Michigan, Mr. Barrett of Nebraska, Mr.
Ballenger, Mr. Bartlett of Maryland, Mr. Barton of Texas, Mr.
Bliley, Mr. Blute, Mr. Boehner, Mr. Bunning, Mr. Burton of Indiana,
Mr. Buyer, Mr. Canady, Mr. Callahan, Mr. Calvert, Mr. Clement, Mr.
Coble, Mr. Collins of Georgia, Mr. Combest, Mr. Cox, Mr. Crapo, Mr.
Crane, Mr. Cunningham, Mr. DeLay, Mr. Diaz-Balart, Mr. Dickey, Mr.
Doolittle, Mr. Dornan, Mr. Duncan, Ms. Dunn, Mr. Ehlers, Mr.
Emerson, Mr. Everett, Mr. Ewing, Mr. Fawell, Mrs. Fowler, Mr.
Gallegly, Mr. Gallo, Mr. Pete Geren of Texas, Mr. Gilchrest, Mr.
Gingrich, Mr. Goodlatte, Mr. Grams, Mr. Gunderson, Mr. Hancock, Mr.
Hansen, Mr. Hastert, Mr. Hefley, Mr. Hefner, Mr. Herger, Mr.
Hoekstra, Mr. Huffington, Mr. Hunter, Mr. Hutchinson, Mr. Hyde, Mr.
Inglis of South Carolina, Mr. Inhofe, Mr. Istook, Mr. Sam Johnson,
Mr. Kim, Mr. King, Mr. Kingston, Mr. Klink, Mr. Knollenberg, Mr.
LaFalce, Mr. Lewis of Kentucky, Mr. Lightfoot, Mr. Linder, Mr.
Livingston, Mr. McCandless, Mr. McCollum, Mr. McDade, Mr. McHugh,
Mr. Lazio, Mr. Lucas, Mr. Manzullo, Mr. Mica, Mr. Michel, Mr. Miller
of Florida, Mr. Montgomery, Mr. Moorhead, Mr. Murphy, Mr. Myers of
Indiana, Mr. Nussle, Mr. Oxley, Mr. Orton, Mr. Packard, Mr. Paxon,
Mr. Pombo, Mr. Portman, Mr. Quillen, Mr. Ramstad, Mr. Regula, Mr.
Roberts, Mr. Rohrabacher, Mr. Saxton, Mr. Schaefer, Mr. Shuster, Mr.
Smith of Michigan, Mr. Smith of Oregon, Mr. Solomon, Mr. Stearns,
Mr. Stenholm, Mr. Stump, Mr. Sundquist, Mr. Swett, Mr. Talent, Mr.
Torkildsen, Mr. Tucker, Mr. Upton, Mr. Walker, Mr. Weldon, Mr. Wolf,
Mr. Young of Alaska, and Mr. Zeliff), [26MY]
Cosponsors added, [8JN], [10JN], [13JN], [15JN], [16JN], [21JN],
[22JN], [23JN], [29NO]
Cosponsors removed, [14JN]
H. Res. 447--
A resolution providing for the consideration of the bill (H.R. 4539)
making appropriations for the Treasury Department, the U.S. Postal
Service, the executive office of the President, and certain
independent agencies, for the fiscal year ending September 30, 1995,
and for other purposes.
By Mr. BEILENSON, [8JN]
Reported (H. Rept. 103-537), [8JN]
Agreed to in the Senate, [9JN]
H. Res. 448--
Resolution amending the Code of Official Conduct of the Rules of the
House of Representatives to require the temporary step aside of a
chairman or ranking minority party member who is indicted; to the
Committee on Standards of Official Conduct.
By Mr. REYNOLDS, [8JN]
Cosponsors added, [9JN], [12JY]
H. Res. 449--
Resolution waiving certain points of order against the bill (H.R. 4506)
making appropriations for energy and water development for the
fiscal year ending September 30, 1995, and for other purposes.
By Mr. HALL of Ohio, [9JN]
Reported (H. Rept. 103-540), [9JN]
Agreed to in the House, [14JN]
H. Res. 450--
Resolution providing that the House make public in printed form all
transcripts and other relevant documents from any House
Administration Committee investigation of the House post office as
soon as possible.
By Mr. MICHEL, [9JN]
Agreed to in the House, [9JN]
H. Res. 451--
Resolution requiring that travel awards that accrue by reason of
official travel of a Member, officer, or employee of the House of
Representatives be used only with respect to official travel; to the
Committee on House Administration.
By Ms. ENGLISH of Arizona (for herself, Mr. Fingerhut, Ms. Shepherd,
Mr. Frank of Massachusetts, Ms. Margolies-Mezvinsky, Mr.
Coppersmith, Mr. Kolbe, Mr. Kyl, and Mr. Becerra), [10JN]
Cosponsors added, [24JN], [12JY], [21JY], [26JY], [1AU], [9AU]
H. Res. 452--
Resolution expressing the sense of the House of Representatives that
United States should resume support of operations for the
interdiction of illegal drug trafficking in Andean and other foreign
nations; jointly, to the Committees on Armed Services; Foreign
Affairs.
By Mr. SCHUMER (for himself and Mr. Sensenbrenner), [10JN]
H. Res. 453--
Resolution expressing the sense of the House of Representatives with
respect to the situation in Rwanda; to the Committee on Foreign
Affairs.
By Mr. HASTINGS, [13JN]
Cosponsors added, [19JY]
H. Res. 454--
Resolution waiving certain points of order against the bill (H.R. 4556)
making appropriations for the Department of Transportation and
related agencies for the fiscal year ending September 30, 1995, and
for other purposes.
By Mr. GORDON, [14JN]
Reported (H. Rept. 103-546), [14JN]
Agreed to in the House, [16JN]
H. Res. 455--
Resolution waiving certain points of order against the bill (H.R. 4554)
making appropriations for Agriculture, Rural Development, Food and
Drug Administration, and related agencies programs for the fiscal
year ending September 30, 1995, and for other purposes.
By Mr. DERRICK, [15JN]
Reported (H. Rept. 103-548), [15JN]
Agreed to in the House, [16JN]
H. Res. 456--
Resolution electing Representative Lewis of Kentucky to the Committees
on Agriculture and Veterans' Affairs.
By Mr. GINGRICH, [15JN]
Agreed to in the House, [15JN]
H. Res. 457--
Resolution expressing the Sense of the House of Representatives that
June 21, 1994, be designated as ``Freedom Summer Remembrance Day''
and for other purposes; jointly, to the Committees on Post Office
and Civil Service; the Judiciary.
By Mr. Lewis of Georgia (for himself, Mr. Filner, Mr. Ackerman, Mr.
Abercrombie, Mr. Andrews of Maine, Mr. Andrews of Texas, Mr.
Applegate, Mr. Bacchus of Florida, Mr. Baesler, Mr. Barca of
Wisconsin, Mr. Barcia of Michigan, Mr. Barlow, Mr. Barrett of
Wisconsin, Mr. Becerra, Mr. Beilenson, Mr. Berman, Mr. Bilbray, Mr.
Bishop, Mr. Blackwell, Mr. Bonior, Mr. Borski, Mr. Boucher, Mr.
Brooks, Ms. Brown of Florida, Mr. Brown of Ohio, Mr. Bryant, Mrs.
Byrne, Ms. Cantwell, Mr. Carr, Mr. Cardin, Mr. Chapman, Mr. Clay,
Mrs. Clayton, Mr. Clyburn, Mr. Coleman, Ms. Collins of Michigan,
Mrs. Collins of Illinois, Mr. Collins of Georgia, Mr. Conyers, Mr.
Cooper, Mr. Coppersmith, Mr. Coyne, Mr. DeFazio, Mr. de la Garza,
Ms. DeLauro, Mr. Deutsch, Mr. Dellums, Mr. de Lugo, Mr. Dickey, Mr.
Dicks, Mr. Dixon, Mr. Dooley, Mr. Durbin, Mr. Edwards of Texas, Mr.
Edwards of California, Mr. Engel, Ms. English of Arizona, Ms. Eshoo,
Mr. Evans, Mr. Ewing, Mr. Faleomavaega, Mr. Farr, Mr. Fazio, Mr.
Fields of Louisiana, Mr. Fingerhut, Mr. Flake, Mr. Foglietta, Mr.
Ford of Michigan, Mr. Ford of Tennessee, Mr. Frank of Massachusetts,
Mr. Franks of Connecticut, Mr. Frost, Ms. Furse, Mr. Gejdenson, Mr.
Gephardt, Mr. Gibbons, Mr. Gilman, Mr. Gingrich, Mr. Glickman, Mr.
Gene Green of Texas, Mr. Gutierrez, Mr. Hall of Ohio, Mr. Hamburg,
Mr. Hamilton, Mr. Hastings, Mr. Hefner, Mr. Hilliard, Mr. Hinchey,
Mr. Hoagland, Mr. Holden, Mr. Houghton, Mr. Hoyer, Mr. Hughes, Mr.
Inslee, Mr. Jefferson, Mr. Johnson of Georgia, Ms. Eddie Bernice
Johnson of Texas, Mr. Kanjorski, Ms. Kaptur, Mr. Kasich, Mr.
Kennedy, Mrs. Kennelly, Mr. Kildee, Mr. King, Mr. Kleczka, Mr.
Klein, Mr. Klink, Mr. Kopetski, Mr. Kreidler, Mr. LaRocco, Mr.
Lancaster, Mr. Lantos, Mr. Lazio, Mr. Lehman, Mr. Levin, Mr. Levy,
Mr. Lewis of Kentucky, Mr. Lipinski, Ms. Long, Ms. Lowey, Mrs.
Maloney, Mr. Mann, Ms. Margolies-Mezvinsky, Mr. Markey, Mr.
Martinez, Mr. Matsui, Mr. Mazzoli, Mr. McCloskey, Mr. McDermott, Mr.
McHale, Ms. McKinney, Mrs. Meek of Florida, Mr. Meehan, Mr.
Menendez, Mr. Mfume, Mr. Miller of California, Mr. Mineta, Mr.
Minge, Mrs. Mink of Hawaii, Mr. Moakley, Ms. Molinari, Mr. Mollohan,
Mr. Moran, Mr. Nadler, Mr. Neal of Massachusetts, Ms. Norton, Mr.
Oberstar, Mr. Olver, Mr. Ortiz, Mr. Owens, Mr. Pallone, Mr. Parker,
Mr. Pastor, Mr. Paxon, Mr. Payne of New Jersey, Mr. Payne of
Virginia, Ms. Pelosi, Mr. Pickle, Mr. Pomeroy, Mr. Price of North
Carolina, Mr. Quinn, Mr. Rahall, Mr. Rangel, Mr.
[[Page 2679]]
Reed, Mr. Reynolds, Mr. Richardson, Mr. Roemer, Mr. Romero-Barcelo,
Mr. Rose, Ms. Roybal-Allard, Mr. Rush, Mr. Sabo, Mr. Sanders, Mr.
Sangmeister, Mr. Sawyer, Ms. Schenk, Mr. Schumer, Mr. Schiff, Mr.
Scott, Mr. Serrano, Mr. Sharp, Mr. Shepherd, Mr. Sisisky, Mr.
Slattery, Ms. Slaughter, Mr. Smith of Iowa, Mr. Stark, Mr. Stokes,
Mr. Studds, Mr. Stump, Mr. Stupak, Mr. Swett, Mr. Swift, Mr. Synar,
Mr. Tejeda, Mr. Thompson, Mr. Thornton, Mrs. Thurman, Mr. Torres,
Mr. Torricelli, Mr. Towns, Mr. Traficant, Mr. Tucker, Mr. Underwood,
Mrs. Unsoeld, Ms. Velazquez, Mr. Vento, Mr. Visclosky, Mr. Volkmer,
Mr. Washington, Mr. Waxman, Ms. Waters, Mr. Watt, Mr. Wheat, Mr.
Wise, Ms. Woolsey, Mr. Wyden, Mr. Wynn, Mr. Yates, and Mr. Zimmer),
[17JN]
Agreed to in the House, [21JN]
H. Res. 458--
Resolution waiving certain points of order against the bill (H.R. 4602)
making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 1995, and for
other purposes.
By Mr. GORDON, [21JN]
Reported (H. Rept. 103-554), [21JN]
Agreed to in the House, [22JN]
H. Res. 459--
Resolution providing for the consideration of the bill (H.R. 3266) to
provide for automatic downward adjustments in the discretionary
spending limits for fiscal year 1994 set forth in the Congressional
Budget Act of 1974 equal to the amount of rescissions contained in
this act; to the Committee on Rules.
By Ms. SNOWE, [21JN]
Discharge petition (Pet. 103-34) filed, [12JY]
H. Res. 460--
Resolution providing for the consideration of the Anti-Hypocrisy Deficit
Reduction Act of 1994 (H.R. 4623); to the Committee on Rules.
By Mr. OBEY (for himself, Mr. Sarpalius, Ms. Shepherd, Mr. Bonior, Mr.
Wise, and Mr. Derrick), [22JN]
Cosponsors added, [23JN]
H. Res. 461--
Resolution waving certain points of order against the bill (H.R. 4603)
making appropriations for the Departments of Commerce, Justice, and
State, the Judiciary, and related agencies programs for the fiscal
year ending September 30, 1995, and making supplemental
appropriations for these departments and agencies for the fiscal
year ending September 30, 1994, and for other purposes.
By Mr. BEILENSON, [22JN]
Reported (H. Rept. 103-556), [22JN]
Agreed to in the House, [23JN]
H. Res. 462--
Resolution expressing the sense of the House of Representatives with
respect to the funds needed to compensate for decreased revenues
resulting from the implementation of the Uruguay round of the
General Agreement on Tariffs and Trade; to the Committee on
Government Operations.
By Mr. BARTLETT of Maryland, [22JN]
H. Res. 463--
Resolution requiring that LEGIS and TLS information be made available to
the public on the Internet; to the Committee on Rules.
By Mr. ZIMMER (for himself, Mr. Ehlers, Mr. Horn, Mr. Boucher, Mr.
Sanders, Ms. Furse, Mr. Sam Johnson, and Mr. Conyers), [23JN]
Cosponsors added, [27JN], [28JN], [12JY], [10AU]
H. Res. 464--
Resolution designating July 12, 1994, as ``Public Health Awareness
Day''; to the Committee on Post Office and Civil Service.
By Mr. DINGELL (for himself, Mr. Waxman, Mr. Moorhead, and Mr.
Bliley), [23JN]
Cosponsors added, [5OC]
H. Res. 465--
Resolution waiving certain points of order against the bill (H.R. 4624)
making appropriations for the Departments of Veterans Affairs and
Housing and Urban Development, and for sundry independent agencies,
boards, commissions, corporations, and offices for the fiscal year
ending September 30, 1995, and for other purposes.
Ms. SLAUGHTER, [27JN]
Reported (H. Rept. 103-563), [27JN]
Agreed to in the House, [28JN]
H. Res. 466--
A resolution waiving certain points of order against the bill (H.R.
4649) making appropriations for the government of the District of
Columbia and other activities chargeable in whole or in part against
the revenues of said District for the fiscal year ending September
30, 1995, and for other purposes.
By Mr. GORDON, [28JN]
Reported (H. Rept. 103-564), [28JN]
Agreed to in the House, [29JN]
H. Res. 467--
A resolution providing for consideration of the bill (H.R. 4600) to
amend the Congressional Budget and Impoundment Control Act of 1974
to provide for the expedited consideration of certain proposed
rescissions of budget authority.
By Mr. DERRICK, [28JN]
Reported (H. Rept. 103-565), [28JN]
Agreed to in the House, [14JY]
H. Res. 468--
A resolution providing for consideration of the bill (H.R. 4299) to
authorize appropriations for fiscal year 1995 for intelligence, and
intelligence-related activities of the U.S. Government, the
Communmity Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
By Mr. BEILENSON, [28JN]
Reported (H. Rept. 103-566), [28JN]
Agreed to in the House, [19JY]
H. Res. 469--
A resolution waiving certain points of order against the bill (H.R.
4650) making appropriations for the Department of Defense for the
fiscal year ending September 30, 1995, and for other purposes.
By Mr. FROST, [29JN]
Reported (H. Rept. 103-568), [29JN]
Agreed to in the House, [29JN]
H. Res. 470--
A resolution waiving points of order against the conference report to
accompany the bill (H.R. 4454) making appropriations for the
legislative branch for the fiscal year ending September 30, 1995,
and for other purposes.
By Mr. DERRICK, [29JN]
Reported (H. Rept. 103-569), [29JN]
Agreed to in the House, [29JN]
H. Res. 471--
A resolution to urge the Government of Burma [Myanmar] to release Aung
San Suu Kyi, and for other purposes; to the Committee on Foreign
Affairs.
By Mr. ACKERMAN (for himself and Mr. Leach), [29JN]
Agreed to as amended, [25JY]
H. Res. 472--
Resolution providing for the consideration of the bill (H.R. 3801) to
improve the operations of the legislative branch of the Federal
Government, and for other purposes; to the Committee on Rules.
By Mrs. FOWLER (for herself, Mr. Torkildsen, Ms. Dunn, and Mr.
Dreier), [30JN]
Cosponsors added, [12JY], [19JY], [22JY], [26JY], [29JY], [5AU],
[10AU], [17AU], [13SE], [22SE]
Discharge petition (Pet. 103-26) filed, [5AU]
H. Res. 473--
Resolution to raise awareness about domestic violence against women in
the United States; to the Committee on Education and Labor.
By Mr. MANTON (for himself, Mr. Pallone, Ms. Roybal-Allard, Mr. Owens,
and Mr. Meehan), [30JN]
Cosponsors added, [12JY], [13JY], [26JY], [12AU], [26SE], [30SE],
[7OC], [29NO]
H. Res. 474--
A resolution providing for consideration of the bill (H.R. 3937)
entitled the ``Export Administration Act of 1994.''
By Mr. BONIOR, [12JY]
Reported (H. Rept. 103-596), [12JY]
Agreed to in the House, [14JY]
H. Res. 475--
A resolution providing for consideration of the bill (H.R. 1188) to
provide for disclosure for insurance in interstate commerce.
By Mr. GORDON, [12JY]
Reported (H. Rept. 103-597), [12JY]
Agreed to in the House, [20JY]
H. Res. 476--
Resolution congratulating the people of Germany and the citizens of
Berlin on the occasion of the withdrawal of United States troops
from Berlin, and reaffirming United States-Berlin friendship; to the
Committee on Foreign Affairs.
By Mr. BEREUTER, [12JY]
Cosponsors added, [19JY], [22JY]
Agreed to in the House, [26JY]
H. Res. 477--
Resolution to declare that July 12, 1994, be recognized as ``Kashmir
World Action Day''; to the Committee on Foreign Affairs.
By Mr. BURTON of Indiana, [12JY]
H. Res. 478--
Resolution to recognize Mennonite Mutual Aid; jointly, to the Committees
on Energy and Commerce; Ways and Means.
By Mr. BROWN of Ohio, [14JY]
H. Res. 479--
Resolution returning to the Senate the Senate amendments to the bill
H.R. 4539.
By Mr. RANGEL, [14JY]
Agreed to in the House, [14JY]
H. Res. 480--
Resolution establishing July 10, 1994, as ``Cost of Government Day''; to
the Committee on Post Office and Civil Service.
By Mr. DeLAY (for himself, Mr. Baker of California, Mr. Bartlett of
Maryland, Mr. Boehner, Mr. Doolittle, Ms. Dunn, Mr. Ewing, Mr.
Hefley, Mr. Hutchinson, Mr. Kingston, Mr. Lucas, Mr. Rohrabacher,
and Mr. Solomon), [14JY]
Cosponsors added, [16AU]
H. Res. 481--
Resolution expressing the sense of the House regarding the case of
United States versus Knox; to the Committee on the Judiciary.
By Mr. DOOLITTLE (for himself, Mr. Smith of New Jersey, Mr. McInnis,
Mr. Barrett of Nebraska, Mr. Smith of Oregon, Mr. Saxton, Mr. Wolf,
Mr. Sundquist, Mr. Solomon, Mr. Crapo, Mr. Bilirakis, Mr. Duncan,
Mr. Hefley, Mr. Livingston, Mr. Stump, Mr. Rohrabacher, Mr. Crane,
Mr. Ballenger, Mr. Stearns, Mr. Linder, Mr. Bachus of Alabama, Mr.
Ewing, Mr. Blute, Mr. Goodlatte, Mr. Bateman, Mr. Buyer, Mr. Grams,
Mr. Miller of Florida, Mr. Inglis of South Carolina, Mr. DeLay, Mr.
Kim, Mr. Bliley, and Mr. McKeon), [14JY]
Cosponsors added, [20JY], [28JY], [3AU]
H. Res. 482--
Resolution providing for consideration of the bill (H.R. 3838) to amend
and extend certain laws relating to housing and community
development, and for other purposes.
By Ms. SLAUGHTER, [20JY]
Reported (H. Rept. 103-612), [20JY]
Agreed to in the House, [21JY]
H. Res. 483--
Resolution providing for consideration of the bill (H.R. 3870) to
promote the research and development of environmental technologies.
By Ms. SLAUGHTER, [20JY]
Reported (H. Rept. 103-613), [20JY]
Agreed to in the House, [26JY]
H. Res. 484--
Resolution providing for consideration of the bill (H.R. 4604) to
establish direct spending targets, and for other purposes.
By Ms. SLAUGHTER, [20JY]
Reported (H. Rept. 103-614), [20JY]
Agreed to in the House, [21JY]
H. Res. 485--
Resolution expressing the sense of the House of Representatives that any
health care reform legislation passed by Congress must ensure access
to and the continued advancement of medical technology; jointly, to
the Committees on Energy and Commerce; Ways and Means.
By Mr. RAMSTAD (for himself and Mr. Valentine), [20JY]
Cosponsors added, [21JY], [27JY], [28JY], [1AU], [4AU], [17AU]
H. Res. 486--
Resolution returning to the Senate the bill S. 729.
By Mr. GIBBONS, [21JY]
Agreed to in the House, [21JY]
H. Res. 487--
Resolution returning to the Senate the bill S. 1030.
By Mr. GIBBONS, [21JY]
Agreed to in the House, [21JY]
H. Res. 488--
Resolution providing for the concurrence by the House, with an
amendment, in the amendment by the Senate to the bill H.R. 868.
By Mr. SWIFT, [25JY]
Agreed to in the House, [25JY]
H. Res. 489--
Resolution providing for the consideration of the bill (H.R. 140) to end
the practice of
[[Page 2680]]
imposing unfunded Federal mandates on States and local governments
and to ensure that the Federal Government pays the costs incurred by
those governments in complying with certain requirements under
Federal statutes and regulations; to the Committee on Rules.
By Mr. CONDIT (for himself, Mr. Clinger, Mr. Peterson of Minnesota,
Mr. Roberts, Mr. Penny, Mr. Schiff, Mr. Pete Geren of Texas, Mr.
Mica, Mr. Portman, Mr. Hayes, Mr. Castle, Mr. Stenholm, Mr. Pombo,
and Mrs. Thurman), [25JY]
Discharge petition (Pet. 103-25) filed, [3AU]
H. Res. 490--
Resolution condemning the terrorist attacks on the Delegation of
Argentine Israeli Associations on July 18, 1994, and a Panamanian
commuter plane on July 20, 1994; to the Committee on Foreign
Affairs.
By Mr. ACKERMAN, [26JY]
H. Res. 491--
Resolution providing for consideration of the bill (H.R. 2448) to
improve the accuracy of radon testing products and services, to
increase testing for radon, and for other purposes.
By Mr. MOAKLEY, [27JY]
Reported (H. Rept. 103-622), [27JY]
Agreed to in the House, [28JY]
H. Res. 492--
Resolution providing for consideration of the bill (S. 208) to reform
the concessions policies of the National Park Service, and for other
purposes.
Mr. BEILENSON, [27JY]
Reported (H. Rept. 103-623), [27JY]
Agreed to in the House, [28JY]
H. Res. 493--
Resolution expressing the sense of the House of Representatives with
respect to health care reform and essential community providers;
jointly, to the Committees on Energy and Commerce; Ways and Means.
By Mr. MENENDEZ (for himself, Ms. Velazquez, Mr. Serrano, Mr. de Lugo,
Mr. Pastor, Mr. Diaz-Balart, Mr. Payne of New Jersey, Ms. Ros-
Lehtinen, Mr. Becerra, Mr. Gutierrez, Mr. de la Garza, Mr. Tejeda,
Mr. Richardson, Mr. McDermott, Mr. Washington, Mr. Romero-Barcelo,
Mr. Owens, Mr. Clyburn, Mr. Filner, Mr. Scott, Mr. Foglietta, Ms.
Eddie Bernice Johnson of Texas, Mr. Olver, Mr. Lehman, Mrs. Mink of
Hawaii, Mr. Frost, and Mr. Klein), [27JY]
Cosponsors added, [21AU], [22SE]
H. Res. 494--
Resolution providing for the consideration of the bill (H.R. 4801) to
amend the Small Business Act, and for other purposes.
By Mr. DERRICK, [28JY]
Reported (H. Rept. 103-627), [28JY]
Agreed to in the House, [29JY]
H. Res. 495--
Resolution providing for consideration of a concurrent resolution
waiving the requirement in section 132 of the Legislative
Reorganization Act of 1946 that the Congress adjourn sine die not
later than July 31 of each year.
By Mr. MOAKLEY, [28JY]
Reported (H. Rept. 103-628), [28JY]
Agreed to in the House, [29JY]
H. Res. 496--
Resolution condemning the terrorist attack on the Delegation of
Argentine-Israeli Associations on July 18, 1994, the terrorist
attack on a Panamanian commuter plane on July 20, 1994, and the
terrorist bombings near the Israeli Embassy and a building housing
Israeli and Jewish organizations in London on July 26, 1994; to the
Committee on Foreign Affairs.
By Mr. ACKERMAN (for himself, Mr. Gilman, Mr. Lantos, Mr. Torricelli,
Mr. Mfume, Mr. Serrano, and Mr. Bereuter), [28JY]
Cosponsors added, [5AU]
H. Res. 497--
Resolution concerning the situation in Rwanda; to the Committee on
Foreign Affairs.
By Mr. SAXTON (for himself and Mr. Dellums), [28JY]
Cosponsors added, [10AU], [6OC]
H. Res. 498--
Resolution making in order, in the consideration by the House of
Representatives of H.R. 3600--the Health Security Act--an amendment
providing for an AMCARE plan that makes available a Government-
sponsored, fee-for-service nationwide health plan to almost all
eligible individuals not covered under large group health plans; to
the Committee on Rules.
By Mr. SCOTT (for himself, Mr. Stark, Mr. McDermott, Mr. Miller of
California, Mr. Owens, Ms. McKinney, Ms. Pelosi, Mr. Farr, Mr.
Tucker, Ms. Woolsey, Mr. Dellums, Mr. Watt, Mr. Stokes, Mr.
Hilliard, and Mr. Romero-Barcelo), [28JY]
H. Res. 499--
Resolution providing for the concurrence by the House with amendments in
the amendments of the Senate to H.R. 4429.
By Mr. HAMILTON, [1AU]
Agreed to in the House, [1AU]
H. Res. 500--
Resolution providing for consideration of the bill (H.R. 4003) to
authorize appropriations for fiscal year 1995 for certain maritime
programs of the Department of Transportation, to amend the Merchant
Marine Act, 1936, as amended, to revitalize the U.S.-flag merchant
marine, and for other purposes.
By Mr. MOAKLEY, [1AU]
Reported as amended (H. Rept. 103-646), [1AU]
Agreed to in the House, [2AU]
H. Res. 501--
Resolution providing for consideration of the bill (S. 1357) to reaffirm
and clarify the Federal relationships of the Little Traverse Bay
Bands of Odawa Indians and distinct federally recognized Indian
tribes, and for other purposes.
By Mr. HALL of Ohio, [1AU]
Reported (H. Rept. 103-647), [1AU]
Agreed to in the House, [3AU]
H. Res. 502--
Resolution providing for consideration of the bill (S. 1066) to restore
Federal services to the Pokagon Band of Potawatomi Indians.
By Mr. HALL of Ohio, [1AU]
Reported (H. Rept. 103-648), [1AU]
Agreed to in the House, [3AU]
H. Res. 503--
Resolution expressing the sense of the House of Representatives that
Congress, in providing funds for any fiscal year for programs to
assist the homeless, should ensure that these funds are fairly
apportioned for homeless veterans to help return homeless veterans
to self-sufficient and productive lives; jointly, to the Committees
on Banking, Finance and Urban Affairs; Veterans' Affairs.
By Mr. STUMP (for himself, Mr. Spence, Mr. Sangmeister, Mr. Smith of
New Jersey, Mr. Bilirakis, Ms. Brown of Florida, Mr. Quinn, Mr.
Bachus of Alabama, Mr. Rangel, Mr. Machtley, Mr. Santorum and Mr.
Faleomavaega), [1AU]
H. Res. 504--
Resolution waiving points of order against the conference report to
accompany the bill (H.R. 4426) making appropriations for foreign
operations, export financing, and related programs for the fiscal
year ending September 30, 1995.
By Mr. FROST, [3AU]
Reported (H. Rept. 103-657), [3AU]
Agreed to in the House, [4AU]
H. Res. 505--
Resolution waiving points of order against the conference report to
accompany the bill (H.R. 3841) to amend the Bank Holding Company Act
of 1956, the Revised Statutes of the United States, and the Federal
Deposit Insurance Act to provide for interstate banking and
branching.
By Mr. FROST, [3AU]
Reported (H. Rept. 103-658), [3AU]
Agreed to in the House, [4AU]
H. Res. 506--
Resolution waiving points of order against the conference report to
accompany the bill (H.R. 3474) to reduce administrative requirements
for insured depository institutions to the extent consistent with
safe and sound banking practices, to facilitate the establishment of
community development financial institutions, and for other
purposes.
By Mr. BEILENSON, [3AU]
Reported (H. Rept. 103-659), [3AU]
Agreed to in the House, [4AU]
H. Res. 507--
Resolution providing for consideration of the bill (H.R. 4217) to reform
the Federal Crop Insurance Program, and for other purposes.
By Mr. DERRICK, [4AU]
Reported (H. Rept. 103-666), [4AU]
Agreed to in the House, [5AU]
H. Res. 508--
Resolution making in order, in the consideration by the House of
Representatives of H.R. 3600--the ``Health Security Act''--an
amendment in the nature of a substitute consisting of the text of
H.R. 3080 and including a title providing for assistance for the
purpose of health insurance; to the Committee on Rules.
By Mr. McMILLAN, [4AU]
H. Res. 509--
A resolution for consideration of H.J. Res. 373, most-favored-nation
status for People's Republic of China
By Mr. BONIOR, [5AU]
Reported (H. Rept. 103-673), [5AU]
Agreed to in the House, [9AU]
H. Res. 510--
Resolution to express the condolences of the House of Representatives to
the victims of recent terrorist attacks, to condemn acts of
terrorism, reaffirm support for the Middle East peace process, and
express the sense of the House of Representatives that the President
should convene an international conference to develop more effective
means to deal with the serious and growing threat of international
terrorism; to the Committee on Foreign Affairs.
By Mr. LANTOS (for himself and Mr. Gingrich), [5AU]
Cosponsors added, [19AU], [12SE]
H. Res. 511--
Resolution amending the Rules of the House of Representatives to require
a rollcall vote on passage of any measure making appropriations,
providing revenue, or increasing the statutory limit on the public
debt, and in certain other instances; to the Committee on Rules.
By Mr. SANTORUM, [8AU]
H. Res. 512--
Resolution providing for consideration of the bill (H.R. 4907) to reform
the concept of baselne budgeting.
By Mr. DERRICK, [9AU]
Reported (H. Rept. 103-689), [9AU]
Agreed to in the House, [11AU]
H. Res. 513--
Resolution providing for consideration of the bill (H.R. 4906) to amend
the Congressional Budget and Impoundment Control Act of 1974 to
limit consideration of nonemergency matters in emergency
legislation.
By Mr. DERRICK, [9AU]
Reported (H. Rept. 103-690), [9AU]
Agreed to in the House, [17AU]
H. Res. 514--
Resolution providing for consideration of the bill (H.R. 4822) to make
certain laws applicable to the legislative branch of the Federal
Government.
By Mr. DERRICK, [9AU]
Reported (H. Rept. 103-691), [9AU]
Agreed to in the House, [10AU]
H. Res. 515--
Resolution providing for consideration of the bill (H.R. 4908) to
authorize the hydrogen and fusion research, development, and
demonstration programs, and the high energy physics and nuclear
physics program, of the Department of Energy, and for other
purposes.
By Mr. GORDON, [10AU]
Reported (H. Rept. 103-695), [10AU]
Agreed to in the House, [19AU]
H. Res. 516--
Resolution providing for consideration of the bill (H.R. 3433) to
provide for the management of portions of the Presidio under the
jurisdiction of the Secretary of the Interior.
By Mr. SLAUGHTER, [10AU]
Reported (H. Rept. 103-696), [10AU]
Agreed to in the House, [18AU]
H. Res. 517--
Resolution waiving points of order against the conference report to
accompany the amendments of the House to the amendment of the Senate
to the bill (H.R. 3355) to amend the Omnibus Crime Control and Safe
Streets Act of 1968 to allow grants to increase police presence, to
expand and improve cooperative efforts between law enforcement
agencies and members of the community to address crime and disorder
problems, and otherwise to enhance public safety.
By Mr. DERRICK, [10AU]
[[Page 2681]]
Reported (H. Rept. 103-697), [10AU]
Failed of passage, [11AU]
H. Res. 518--
Resolution returning to the Senate the Senate amendments to the bill
H.R. 4554.
By Mr. GIBBONS, [12AU]
Agreed to in the House, [12AU]
H. Res. 519--
Resolution expressing the sense of the House of Representatives
regarding religious intolerance; to the Committee on the Judiciary.
By Mr. DORNAN (for himself, Mr. Doolittle, Mr. Smith of New Jersey,
Mr. Gingrich, Mr. Calvert, Mr. Hyde, Mr. Armey, Mr. McCollum, Mr.
Bartlett of Maryland, Mr. Goss, Mr. Packard, Mr. Crane, Mr. Fields
of Texas, Mr. Ballenger, Mr. Kim, Mr. Burton of Indiana, Mr.
Solomon, Mr. Bunning, Mr. Stearns, Mr. Goodlatte, Mr. Stump, Mr.
Livingston, Mr. Duncan, Mr. McKeon, Mr. Talent, Mr. Royce, Mr.
Hansen, and Mr. Sundquist), [12AU]
Cosponsors added, [19SE], [21SE], [28SE], [4OC], [7OC]
H. Res. 520--
Resolution providing for the concurrence by the House, with an
amendment, in the amendment by the Senate to the bill H.R. 1305.
By Mr. VENTO, [16AU]
Rules suspended. Agreed to in the House, [16AU]
H. Res. 521--
Resolution waiving points of order against the conference report to
accompany the bill (S. 2182) to authorize appropriations for fiscal
year 1995 for military activities of the Department of Defense, for
military construction, and for defense programs of the Department of
Energy, to prescribe personnel strengths for such fiscal year for
the Armed Forces, and for other purposes.
By Mr. FROST, [16AU]
Reported (H. Rept. 103-705), [16AU]
Agreed to in the House, [17AU]
H. Res. 522--
Resolution waiving a requirement of clause 4(b) of rule XI with respect
to consideration of a certain resolution reported from the Committee
on Rules.
By Mr. DERRICK, [16AU]
Reported (H. Rept. 103-707), [16AU]
H. Res. 523--
Resolution waiving points of order against the conference report to
accompany the bill (H.R. 4603) making appropriations for the
Departments of Commerce, Justice, and State, the Judiciary, and
related agencies programs for the fiscal year ending September 30,
1995, and making supplemental appropriations for these departments
and agencies for the fiscal year ending September 30, 1994, and for
other purposes.
By Mr. BEILENSON, [17AU]
Reported (H. Rept. 103-709), [17AU]
Agreed to in the House, [18AU]
H. Res. 524--
Resolution providing for the consideration of the bill (H.R. 3990) to
provide protection from sexual predators; to the Committee on Rules.
By Ms. DUNN (for herself, Mr. Deal, Mr. Hyde, Mr. Smith of New Jersey,
Mr. Kyl, Mrs. Fowler, Ms. Molinari, Mr. Zimmer, Mr. Cunningham, Mrs.
Roukema, Mr. Saxton, Mr. Franks of New Jersey, Mr. Manzullo, and Mr.
Crapo), [17AU]
H. Res. 525--
Resolution expressing the sense of the House of Representatives with
respect to welfare reform legislation; to the Committee on Ways and
Means.
By Mr. KNOLLENBERG (for himself, Mr. Solomon, Mr. McCollum, Mr. Kim,
Mr. Hoekstra, Mr. Bartlett of Maryland, Ms. Molinari, Mr. Walker,
Mrs. Meyers of Kansas, Mr. Crapo, Mr. Sam Johnson of Texas, Mr.
Upton, Mr. Ballenger, Mr. Torkildsen, Mr. Everett, Mr. Stump, Mr.
Klug, Mr. Hobson, Mr. Fields of Texas, Mr. Dornan, Mr. Ewing, Mr.
Canady, Mr. Kingston, Mr. McKeon, Mr. Lewis of Kentucky, Mr. Horn,
Mr. Wolf, Mr. Royce, Mr. Smith of Texas, and Mr. Inglis of South
Carolina), [18AU]
Cosponsors added, [27SE], [29SE], [30SE], [5OC], [6OC]
H. Res. 526--
A resolution waiving points of order against a further conference report
to accompany the bill (H.R. 3355) to amend the Omnibus Crime Control
and Safe Streets Act of 1968 to allow grants to increase police
efforts between law enforcement agencies and members of the
community to address crime and disorder problems, and otherwise to
enhance public safety.
By Mr. DERRICK, [21AU]
Reported (H. Rept. 103-713), [21AU]
Agreed to in the House, [21AU]
H. Res. 527--
A resolution expressing the sense of the House of Representatives that
the Presidential Medal of Freedom should be awarded to Dr. Benjamin
Elijah Mays; to the Committee on Post Office and Civil Service.
By Mr. LEWIS of Georgia (for himself, Mr. Dixon, Mr. Bishop, Mr.
Hilliard, Mr. Owens, and Ms. McKinney), [21AU]
Cosponsors added, [7OC], [29NO]
H. Res. 528--
A resolution expressing the sense of the House of Representatives that a
commemorative postage stamp should be issued in honor of Dr.
Benjamin Elijah Mays; to the Committee on Post Office and Civil
Service.
By Mr. LEWIS of Georgia (for himself, Mr. Dixon, Mr. Bishop, Mr.
Hilliard, Mr. Owens, and Ms. McKinney), [21AU]
Cosponsors added, [7OC], [29NO]
H. Res. 529--
A resolution to affirm this Nation's tradition of hunting and wildlife
refuges; to the Committee on Merchant Marine and Fisheries.
By Mr. WILLIAMS (for himself, Mr. Dingell, Mr. Doolittle, Mr. LaRocco,
Mr. Hansen, Mr. Taylor of Mississippi, Ms. Lambert, Mr. Fields of
Texas, Mr. Calvert, Mr. Dickey, Mr. Walsh, Mr. Barcia of Michigan,
Mr. Clement, Mr. Peterson of Minnesota, Mr. Brewster, Mr. Durbin,
Mr. Herger, Mr. Parker, Mr. Packard, Mr. Emerson, and Mr. Boucher),
[21AU]
Cosponsors added, [6OC], [7OC]
H. Res. 530--
Resolution providing that the House should not consider health care
legislation in violation of section 252 of the Balanced Budget and
Emergency Deficit Control Act of 1985 or any health care legislation
that amends or supersedes that section; to the Committee on Rules.
By Mr. MILLER of Florida, [13SE]
Cosponsors added, [19SE]
H. Res. 531--
Resolution to express the sense of the House regarding the appropriate
portrayal of men and women of the Armed Forces in the upcoming
National Air and Space Museum's exhibit on the Enola Gay; to the
Committee on House Administration.
By Mr. ROBERTS, [19SE]
Cosponsors added, [3OC], [6OC]
H. Res. 532--
Resolution providing for consideration of the bill (H.R. 4448) to amend
the act establishing Lowel National Historical Park, and for other
purposes.
By Mr. MOAKLEY, [20SE]
Reported (H. Rept. 103-730), [20SE]
Agreed to in the House, [26SE]
H. Res. 533--
Resolution to provide for the concurrence of the House to the amendment
of the Senate to the bill (H.R. 783) with an amendment.
By Mr. MAZZOLI, [20SE]
Agreed to in the House, [20SE]
H. Res. 534--
Resolution to correct the engrossment of the amendment of the House of
Representatives to the Senate bill (S. 725).
By Mr. WAXMAN, [20SE]
Agreed to in the House, [20SE]
H. Res. 535--
Resolution providing for consideration of the bill (H.R. 4422) to
authorize appropriations for fiscal year 1995 for the Coast Guard,
and for other purposes.
By Mr. MOAKLEY, [20SE]
Reported (H. Rept. 103-731), [20SE]
Agreed to in the House, [22SE]
H. Res. 536--
Resolution providing for consideration of the bill (H.R. 2866) to
provide for the sound management and protection of Redwood forest
areas in Humboldt County, CA, by adding certain lands and waters to
the Six Rivers National Forest and by including a portion of such
lands in the national wilderness preservation system.
By Mr. BONIOR, [20SE]
Reported (H. Rept. 103-732), [20SE]
Agreed to in the House, [21SE]
H. Res. 537--
Resolution waiving points of order against the conference report to
accompany the bill (H.R. 4539) making appropriations for the
Treasury Department, the U.S. Postal Service, the Executive Office
of the President, and certain independent agencies, for the fiscal
year ending September 30, 1995.
By Mr. OBEY, [21SE]
Reported (H. Rept. 103-736), [21SE]
Agreed to in the House, [22SE]
H. Res. 538--
Resolution expressing the sense of the House of Representatives that
communities should establish multidisciplinary team approaches to
treat children who suffer from sickle cell disease; to the Committee
on Energy and Commerce.
By Mr. CRAMER, [21SE]
H. Res. 539--
Resolution to encourage the President to establish an advisory
commission on tribally controlled institutions of higher learning;
to the Committee on Education and Labor.
By Mr. SKEEN (for himself, Mr. Kildee, Mr. Williams, Mr. Richardson,
Ms. English of Arizona, Mr. Fazio, Mr. Oberstar, Mr. Schiff, Mr.
Pomeroy, Mr. Johnson of South Dakota, Mr. Swift, Mr. Flake, Mr.
Hilliard, Mr. Dellums, Mr. Owens, Mr. Stupak, Mr. Bereuter, Mrs.
Meyers of Kansas, Mr. Tejeda, Mr. Pastor, and Mr. Barrett of
Nebraska), [21SE]
H. Res. 540--
Resolution expressing the sense of the House of Representatives with
respect to the situation in Haiti; to the Committee on Foreign
Affairs.
By Mr. HASTINGS (for himself, Ms. Waters, Ms. McKinney, Mr. Johnston
of Florida, Mr. Payne of New Jersey, and Mrs. Clayton), [22SE]
H. Res. 541--
Resolution concerning United States and South Asian relations; to the
Committee on Foreign Affairs.
By Mr. McDERMOTT, [22SE]
Cosponsors added, [27SE], [30SE], [4OC], [5OC]
H. Res. 542--
Resolution providing for consideration of the bill (H.R. 4008) to
authorize appropriations for the National Oceanic and Atmospheric
Administration for fiscal years 1994 and 1995, and for other
purposes.
By Mr. MOAKLEY, [23SE]
Reported (H. Rept. 103-742), [23SE]
Agreed to in the House, [26SE]
H. Res. 543--
Resolution providing for consideration of the bill (H.R. 4926) to
require the Secretary of the Treasury to identify foreign countries
which may be denying national treatment to United States banking
organizations and to assess whether any such denial may be having a
significant adverse effect on such organizations, and to require
Federal banking agencies to take such assessments into account in
considering applications by foreign banks under the International
Banking Act of 1978 and the Bank Holding Company Act of 1956.
By Ms. SLAUGHTER, [23SE]
Reported (H. Rept. 103-743), [23SE]
Agreed to in the House, [29SE]
H. Res. 544--
Resolution providing for consideration of the bill (H.R. 3171) to
authorize the Secretary of Agriculture to reorganize the Department
of Agriculture, and for other purposes.
By Mr. DERRICK, [23SE]
Reported (H. Rept. 103-744), [23SE]
Agreed to in the House, [28SE]
H. Res. 545--
Resolution expressing the sense of the House of Representatives that Dr.
Joycelyn Elders be called upon to resign her position as Surgeon
General of the United States; to the Committee on Energy and
Commerce.
By Mr. CRANE (for himself, Mr. Doolittle, Mr. Baker of Louisiana, Mr.
Hefley, Mr. Smith of New Jersey, Mr. Roth, Mr. Stump, Mr. Bachus of
Alabama, Mr. Solomon, Mr. Archer, Mrs. Bentley, Mr. Hancock, Mr. Sam
Johnson, Mr. Dornan, Mr. Bunning, and Mr. Stearns), [23SE]
Cosponsors added, [27SE], [30SE], [7OC], [29NO]
[[Page 2682]]
H. Res. 546--
Resolution expressing the sense of the House of Representatives relating
to United States Armed Forces in Haiti; to the Committee on Foreign
Affairs.
By Mr. DOOLITTLE (for himself, Mr. Solomon, Mr. Thomas of Wyoming, Mr.
McInnis, Mr. Rohrabacher, Mr. Duncan, Mr. Ramstad, Mr. Coble, Mr.
Sam Johnson, Mr. Schaefer, Mrs. Vucanovich, Mr. Moorhead, Ms. Dunn,
Mr. Ballenger, Mr. Burton of Indiana, Mr. Kim, Mr. Spence, Mr. Myers
of Indiana, Mr. Stearns, Mr. Santorum, Mr. Paxon, Mr. Allard, Mr.
Walker, Mr. Baker of California, Mr. Barton of Texas, Mr. Pombo, Mr.
Hansen, Mr. Condit, Mr. Hastert, Mr. Kasich, Mr. Armey, Mr. Crapo,
Mr. Crane, Mr. Emerson, Mr. DeLay, Mr. Lewis of Kentucky, Mr.
Roberts, Mr. Kingston, and Mr. Saxton), [23SE]
Cosponsors added, [28SE], [4OC]
H. Res. 547--
Resolution waiving points of order against the conference report to
accompany the bill (H.R. 4602) making appropriations for the
Department of the Interior and related agencies for the fiscal year
ending September 30, 1995, and for other purposes.
By Mr. GORDON, [26SE]
Reported (H. Rept. 103-749), [26SE]
Agreed to in the House, [27SE]
H. Res. 548--
Resolution expressing the sense of the House of Representatives that
aviators who meet the qualification standards of the Air Forces
Escape and Evasion Society should be granted recognition for
meritorious service by the Department of Defense; to the Committee
on Armed Services.
By Mr. STEARNS, [26SE]
H. Res. 549--
Resolution expressing the sense of the House of Representatives that the
President should work to achieve a clearly defined agreement which
establishes a multilateral export control regime to stem the
proliferation of militarily critical products, technology, and
advanced strategic weapons to rogue regimes that jeopardize
international peace and the national security of the United States;
to the Committee on Foreign Affairs.
By Mr. GILMAN, [27SE]
H. Res. 550--
Resolution waiving points of order against the conference report to
accompany the bill (S. 349) to provide for the disclosure of
lobbying activities to influence the Federal Government, and for
other purposes.
By Mr. FROST, [27SE]
Reported (H. Rept. 103-755), [27SE]
Agreed to in the House, [29SE]
H. Res. 551--
Resolution providing for consideration of the bill (H.R. 4779) to amend
the Sold Waste Disposal Act to authorize local governments and
Governors to restrict receipt of out-of State municipal solid waste,
and for other purposes.
By Mr. BONIOR, [27SE]
Reported (103-756), [27SE]
Agreed to in the House, [28SE]
H. Res. 552--
Resolution providing for consideration of the bill (H.R. 4683) to amend
the Solid Waste Disposal Act to provide congressional authorization
of State control over transportation of municipal solid waste, and
for other purposes.
By Mr. MOAKLEY, [27SE]
Reported (H. Rept. 103-757), [27SE]
Agreed to in the House, [29SE]
H. Res. 553--
Resolution waiving points of order against the conference report to
accompany the bill (H.R. 4556) making appropriations for the
Department of Transportation and related agencies for the fiscal
year ending September 30, 1995, and for other purposes.
By Mr. BEILENSON, [27SE]
Reported (H. Rept. 103-758), [27SE]
Agreed to in the House, [28SE]
H. Res. 554--
Resolution waiving points of order against the conference report to
accompany the bill (H.R. 4650) making appropriations for the
Department of Defense for the fiscal year ending September 30, 1995,
and for other purposes.
By Mr. FROST, [28SE]
Reported (H. Rept. 103-759), [28SE]
Agreed to in the House, [29SE]
H. Res. 555--
Resolution waiving points of order against the conference report to
accompany the bill (H.R. 4299) to authorize appropriations for
fiscal year 1995 for intelligence and intelligence-related
activities of the U.S. Government, the community management account,
and the Central Intelligence Agency Retirement and Disability
System, and for other purposes.
By Mr. BEILENSON, [29SE]
Reported (H. Rept. 103-766), [29SE]
Agreed to in the House, [30SE]
H. Res. 556--
Resolution waiving points of order against the conference report to
accompany the bill (H.R. 6) to extend for 6 years the authorization
of appropriations for the programs under the Elementary and
Secondary Education Act of 1965, and for other purposes.
By Ms. SLAUGHTER, [29SE]
Reported (H. Rept. 103-767), [29SE]
Agreed to in the House, [30SE]
H. Res. 557--
Resolution commending the Police Athletic League; to the Committee on
Education and Labor.
By Mr. MILLER of California (for himself, Mr. Martinez, Mr. Schumer,
Mr. Stearns, and Mr. Washington), [30SE]
Cosponsors added, [7OC]
H. Res. 558--
Resolution providing for the concurrence by the House with an amendment
in the amendment of the Senate to H.R. 2440.
By Mr. OBERSTAR, [3OC]
Considered under suspension of the rules, [3OC]
Rules suspended. Agreed to in the House, [4OC]
H. Res. 559--
Resolution concurring in the Senate amendment to H.R. 4217 with an
amendment.
By Mr. de la GARZA, [3OC]
Agreed to in the House, [3OC]
H. Res. 560--
Resolution concerning United States support for the new South Africa; to
the Committee on Foreign Affairs.
By Mr. PAYNE of New Jersey (for himself, Mr. Johnston of Florida, Mr.
Bishop, Mr. Blackwell, Ms. Brown of Florida, Mr. Clay, Mrs. Clayton,
Mr. Clyburn, Ms. Collins of Michigan, Mrs. Collins of Illinois, Mr.
Conyers, Mr. Dellums, Mr. Dixon, Mr. Fields of Louisiana, Mr. Flake,
Mr. Ford of Tennessee, Mr. Hastings, Mr. Hilliard, Mr. Jefferson,
Ms. Eddie Bernice Johnson of Texas, Mr. Lewis of Georgia, Ms.
McKinney, Mrs. Meek of Florida, Mr. Mfume, Ms. Norton, Mr. Owens,
Mr. Rangel, Mr. Reynolds, Mr. Rush, Mr. Scott, Mr. Stokes, Mr.
Thompson of Mississippi, Mr. Towns, Mr. Tucker, Mr. Washington, Ms.
Waters, Mr. Watt, Mr. Wheat, Mr. Wynn, Mr. Oberstar, Mr. Ackerman,
Mr. Engel, Mr. Edwards of California, Mr. Faleomavaega, Mr. Brown of
Ohio, and Mr. Schumer), [3OC]
Agreed to in the House, [5OC]
H. Res. 561--
Resolution expressing the sense of the House of Representatives with
respect to the prospects for peace in Northern Ireland; to the
Committee on Foreign Affairs.
By Mr. NEAL of Massachusetts (for himself and Mr. Gilman), [3OC]
Cosponsors added, [4OC]
Agreed to in the House, [5OC]
H. Res. 562--
Resolution providing for the consideration of the bill (H.R. 5044) to
establish the American Heritage Areas Partnership Program, and for
other purposes.
By Mr. MOAKLEY, [3OC]
Reported (H. Rept. 103-806), [3OC]
Agreed to in the House, [5OC]
H. Res. 563--
Resolution providing for consideration of the concurrent resolution (H.
Con. Res. 301) expressing the sense of the Congress regarding
entitlements.
By Mr. DERRICK, [4OC]
Reported (H. Rept. 103-828), [4OC]
Failed of passage, [5OC]
H. Res. 564--
Resolution providing for consideration of the bill (H.R. 5110) to
approve and implement the trade agreements concluded in the Uruguay
round of multilateral trade negotiations.
By Mr. DERRICK, [4OC]
Reported (H. Rept. 103-829), [4OC]
Agreed to in the House, [5OC]
H. Res. 565--
Resolution providing for consideration of the bill (S. 455) to amend
title 31, United States Code, to increase Federal payments to units
of general local government for entitlement lands, and for other
purposes.
By Mr. GORDON, [4OC]
Reported (H. Rept. 103-830), [4OC]
Agreed to in the House, [6OC]
H. Res. 566--
Resolution expressing the sense of the House of Representatives urging
Israel and the Palestine Liberation Organization [PLO] to reach
agreement on holding free and democratic elections in Gaza and the
West Bank; to the Committee on Foreign Affairs.
By Ms. DANNER (for herself, Mr. Rahall, and Mr. Kildee), [4OC]
H. Res. 567--
Resolution honoring the memory of the late Claude Harris, Jr.; to the
Committee on House Administration.
By Mr. HILLIARD (for himself, Mr. Bevill, Mr. Browder, Mr. Cramer, Mr.
Callahan, Mr. Everett, and Mr. Bachus of Alabama), [4OC]
H. Res. 568--
Resolution waiving points of order against the conference report to
accompany the bill (S. 21) to designate certain lands in the
California desert as wilderness, to establish Death Valley, Joshua
Tree, and Mojave National Parks, and for other purposes.
By Mr. MILLER, [5OC]
Reported (H. Rept. 103-839), [5OC]
Agreed to in the House, [7OC]
H. Res. 569--
Resolution expressing the sense of the House of Representatives that the
work of grassroots organizations should not be considered lobbying;
to the Committee on the Judiciary.
By Mr. LEWIS of Kentucky (for himself, Mr. Calvert, Mr. Sam Johnson,
Mr. Hutchinson, Mr. Canady, Mr. Doolittle, Mr. Talent, Mr. Ehlers,
and Mr. Lucas), [5OC]
Cosponsors added, [6OC], [7OC]
H. Res. 570--
Resolution providing for consideration of the joint resolution (H.J.
Res. 416) providing limited authorization for the participation of
United States Armed Forces in multinational force in Haiti and
providing for the prompt withdrawal of United States Forces from
Haiti.
By Mr. HALL of Ohio, [5OC]
Reported (H. Rept. 103-840), [5OC]
Agreed to in the House, [6OC]
H. Res. 571--
Resolution amending the Rules of the House of Representatives to apply
certain laws to the House of Representatives, and for other
purposes.
By Mr. MOAKLEY, [5OC]
Reported (H. Rept. 103-841), [6OC]
H. Res. 572--
Resolution expressing the sense of the House of Representatives relating
to the eradication of slavery where it exists throughout the world;
to the Committee on Foreign Affairs.
By Mr. FRANK of Massachusetts, [6OC]
H. Res. 573--
Resolution requiring Members of the House of Representatives to pay,
from the Official Expenses Allowance, the actual cost of extraneous
matter printed in that portion of the Congressional Record entitled
``Extensions of Remarks''; to the Committee on House Administration.
By Mr. POMEROY, [6OC]
H. Res. 574--
Resolution waiving points of order against the conference report to
accompany the bill (S. 1569) to amend the Public Health Service Act
to establish, reauthorize and revise provisions to improve the
health of individuals from disadvantaged backgrounds, and for other
purposes.
By Ms. SLAUGHTER, [6OC]
Reported (H. Rept. 103-845), [7OC]
Agreed to in the House, [7OC]
H. Res. 575--
Resolution providing for the consideration of the Senate amendment to
the bill (H.R. 1348)
[[Page 2683]]
to establish the Quinebaug and Shetucket Rivers Valley National
Heritage Corridor in the State of Connecticut, and for other
purposes.
By Mr. MOAKLEY, [6OC]
Reported (H. Rept. 103-846), [7OC]
H. Res. 576--
Resolution providing for consideration of the bill (H.R. 5231) to
provide for the management of portions of the Presidio under the
jurisdiction of the Secretary of the Interior.
By Mr. BEILENSON, [6OC]
Reported (H. Rept. 103-847), [7OC]
Agreed to in the House, [7OC]
H. Res. 577--
Resolution returning to the Senate the bill S. 1216.
By Mr. GIBBONS, [7OC]
Agreed to in the House, [7OC]
H. Res. 578--
Resolution amending the Rules of the House of Representatives to apply
certain laws to the House of Representatives, and for other
purposes; to the Committee on Rules.
By Mr. MOAKLEY, [7OC]
Agreed to in the House (pursuant to H. Res. 579), [7OC]
H. Res. 579--
Resolution providing for the adoption of the resolution (H. Res. 578)
amending the Rules of the House of Representatives to apply certain
laws to the House of Representatives, and for other purposes.
By Mr. MOAKLEY, [7OC]
Reported (H. Rept. 103-851), [7OC]
Agreed to in the House, [7OC]
H. Res. 580--
Resolution providing for the printing of the revised edition of the
Rules and Manual of the House of Representatives for the 104th
Congress.
By Mr. GEPHARDT, [7OC]
Agreed to in the House, [7OC]
H. Res. 581--
Resolution relating to early organization of the House of
Representatives for the 104th Congress.
By Mr. GEPHARDT, [7OC]
Agreed to in the House, [7OC]
H. Res. 582--
Resolution declaring the sense of the House with respect to the National
Performance Review's recommendation to dismantle the Railroad
Retirement System; jointly, to the Committees on Energy and
Commerce; Ways and Means.
By Mr. CLINGER, [7OC]
H. Res. 583--
Resolution expressing the sense of the House of Representatives
concerning the Iraqi Government's campaign against the Marsh Arabs
of southern Iraq; to the Committee on Foreign Affairs.
By Mr. COX, [7OC]
H. Res. 584--
Resolution requesting that the Secretary of the Interior withdraw
proposed regulations concerning rights-of-way granted under section
2477 of the Revised Statutes; to the Committee on Natural Resources.
By Mr. ORTON (for himself, Mr. Young of Alaska, and Mr. Hansen), [7OC]
H. Res. 585--
A resolution authorizing and directing the Speaker to administer the
oath of office to the gentleman from Oklahoma, Mr. Steve Largent.
By Mr. MICHEL, [29NO]
Agreed to in the House, [29NO]
H. Res. 586--
A resolution that Members of the House express their profound thanks and
appreciation to the Honorable Thomas S. Foley, Speaker of the House
of Representatives for the very fair and impartial manner with which
he has presided over our deliberations and performed the arduous
duties of the chair during his tenure as Speaker.
By Mr. MICHEL, [29NO]
Agreed to in the House, [29NO]
H. Res. 587--
A resolution concerning the profound sorrow of the death of the
Honorable Dean A. Gallo, a Representative from the State of New
Jersey.
By Mrs. ROUKEMA, [29NO]
Agreed to in the House, [29NO]
H. Res. 588--
A resolution amending the Rules of the House of Representatives to
provide for transition salary continuation for certain committee
staff; jointly, to the Committees on Rules; House Administration.
By Mr. MINETA, [29NO]
H. Res. 589--
A resolution to express my deep appreciation and gratitude to my current
and former staff members for their loyalty, support and dedication
to the Congress and the residents of the 20th and 22nd Congressional
Districts of Pennsylvania during my 18 years as a member of the
United States House of Representatives; to the Committee on House
Administration.
By Mr. MURPHY, [29NO]
[[Page 2685]]
SENATE BILLS
------------------------------------------------------------------------
S. 21--
A bill to designate certain lands in the California Desert as wilderness
to establish Death Valley, Joshua Tree, and Mojave National Parks,
and for other purposes.
Passed Senate amended, [13AP]
Received in the House, [14AP]
Passed House amended, [27JY]
Senate disagreed to House amendments, [23SE]
Senate asked for a conference, [4OC]
House insisted on its amendments and agreed to a conference, [4OC]
Conference report (H. Rept. 103-832) submitted in the House, [4OC]
House agreed to conference report, [7OC]
Senate agreed to conference report, [8OC]
Presented to the President (October 21, 1994)
Approved [Public Law 103-433] (October 31, 1994)
S. 24--
A bill to reauthorize the independent counsel law for an additional 5
years, and for other purposes.
Received in the House, [20NO]
Passed House amended, [10FE]
House insisted on its amendment and asked for a conference, [10FE]
Senate disagreed to House amendment and agreed to a conference, [24FE]
Conference report (H. Rept. 103-511) submitted in the House, [19MY]
Senate agreed to conference report, [25MY]
House agreed to conference report, [21JN]
Presented to the President (June 24, 1994)
Approved [Public Law 103-270] (June 30, 1994)
S. 116--
A bill for the relief of Fanie Phily Mateo Angeles.
Passed Senate, [9MY]
Received in House and referred to the Committee on the Judiciary,
[10MY]
S. 150--
A bill to provide for assistance in the preservation of Taliesin in the
State of Wisconsin, and for other purposes.
Passed Senate amended, [16JN]
Received in House and referred to the Committee on Natural Resources,
[21JN]
S. 208--
A bill to reform the concessions policies of the National Park Service,
and for other purposes.
Passed Senate amended, [22MR]
Received in House and referred to the Committee on Natural Resources,
[23MR]
Reported with amendment (H. Rept. 103-571), [30JN]
Passed House amended, [28JY]
S. 273--
A bill to remove certain restrictions from a parcel of land owned by the
city of North Charleston, South Carolina, in order to permit a land
exchange, and for other purposes.
Passed Senate amended, [21JY]
Received in House and referred to the Committee on Natural Resources,
[22JY]
Reported (H. Rept. 103-591), [12JY]
Rules suspended. Passed House, [12JY]
Presented to the President (July 14, 1994)
Approved [Public Law 103-280] (July 22, 1994)
S. 282--
A bill to provide Federal recognition of the Mowa Band of Choctaw
Indians of Alabama.
Passed Senate, [10MR]
Received in House and referred to the Committee on Natural Resources,
[11MR]
S. 313--
A bill to amend the San Juan Basin Wilderness Protection Act of 1984 to
designate additional lands as wilderness and to establish the Fossil
Forest Research Natural Area, and for other purposes.
Passed Senate amended, [8MR]
Received in House and referred to the Committee on Natural Resources,
[9MR]
S. 316--
A bill to expand the boundaries of the Saguaro National Monument, and
for other purposes.
Passed Senate amended, [16JN]
Received in House and referred to the Committee on Natural Resources,
[21JN]
Reported (H. Rept. 103-815), [3OC]
Rules suspended. Passed House, [3OC]
Presented to the President (October 6, 1994)
Approved [Public Law 103-364] (October 14, 1994)
S. 340--
A bill to amend the Federal Food, Drug, and Cosmetic Act to clarify the
application of the Act with respect to alternate uses of new animal
drugs and new drugs intended for human use, and for other purposes.
Passed Senate amended, [4OC]
Received in House, [5OC]
Passed House, [7OC]
Presented to the President (October 17, 1994)
Approved [Public Law 103-396] (October 22, 1994)
S. 341--
A bill to provide for a land exchange between the Secretary of
Agriculture and Eagle and Pitkin Counties in Colorado, and for other
purposes.
Reported with amendment (H. Rept. 103-432, part 1), [10MR]
Rules suspended. Passed House, [10MY]
Presented to the President (May 12, 1994)
Approved [Public Law 103-255] (May 19, 1994)
S. 349--
A bill to provide for the disclosure of lobbying activities to influence
the Federal Government, and for other purposes.
Rules suspended. Passed House amended, [24MR]
House insisted on its amendment and asked for a conference. Conferees
appointed, [24MR]
Senate disagreed to House amendment and agreed to a conference, [11MY]
Conference report (H. Rept. 103-750) submitted in the House, [26SE]
House agreed to conference report, [29SE]
S. 375--
A bill to amend the Wild and Scenic Rivers Act by designating a segment
of the Rio Grande in New Mexico as a component of the National Wild
and Scenic Rivers System, and for other purposes.
Reported with amendment (H. Rept. 103-431), [10MR]
Rules suspended. Passed House amended, [15MR]
Senate agreed to House amendment, [19AP]
Presented to the President (April 22, 1994)
Approved [Public Law 103-242] (signed May 4, 1994)
S. 423--
A bill to provide for recovery of costs of supervision and regulation of
investment advisors and their activities, and for other purposes.
Committee discharged. Passed House amended, [5OC]
S. 455--
A bill to amend title 31, United States Code, to increase Federal
payments to units of general local government for entitlement lands,
and for other purposes.
Passed Senate amended, [13AP]
Received in House and referred to the Committee on Natural Resources,
[14AP]
Reported (H. Rept. 103-838), [5OC]
Passed House, [7OC]
Presented to the President (October 13, 1994)
Approved [Public Law 103-397] (signed October 22, 1994)
S. 469--
A bill to require the Secretary of the Treasury to mint coins in
commemoration of the Vietnam Women's Memorial.
Received in House and referred to the Committee on Banking, Finance
and Urban Affairs, [1FE]
S. 472--
A bill to improve the administration and management of public lands,
National Forests, units of the National Park System, and related
areas by improving the availability of adequate, appropriate,
affordable, and cost effective housing for employees needed to
effectively manage the public lands.
Passed Senate amended, [16JN]
Received in House and referred to the Committee on Natural Resources,
[21JN]
S. 473--
A bill to promote the industrial competitiveness and economic growth of
the United States by strengthening the linkages between the
laboratories of the Department of Energy and the private sector and
by supporting the development and application of technologies
critical to the economic, scientific and technological
competitiveness of the United States, and for other purposes.
Reported with amendment (H. Rept. 103-611, part 1), [19JY]
S. 476--
A bill to reauthorize and amend the National Fish and Wildlife
Foundation Establishment Act.
Passed Senate amended, [8MR]
Received in House, [9MR]
Rules suspended. Passed House amended, [21MR]
Senate agreed to House amendments, [25MR]
Presented to the President (March 30, 1994)
Approved [Public Law 103-232] (signed April 11, 1994)
S. 528--
A bill to provide for the transfer of certain U.S. Forest Service lands
located in Lincoln County, Montana, to Lincoln County in the State
of Montana.
Passed Senate amended, [25AU]
Received in House and referred to the Committee on Natural Resources,
[12SE]
Committee discharged. Passed House, [8OC]
Presented to the President (October 18, 1994)
Approved [Public Law 103-398] (signed October 22, 1994)
S. 537--
A bill for the relief of Tania Gil Compton.
Reported (H. Rept. 103-576), [30JN]
Passed House, [19JY]
Presented to the President (July 21, 1994)
Approved [Private Law 103-4] (August 1, 1994)
S. 540--
A bill to improve the administration of the bankruptcy system, address
certain commercial issues and consumer issues in bankruptcy, and
establish a commission to study and make recommendations on problems
with the bankruptcy system, and for other purposes.
Passed Senate amended, [21AP]
Received in House, [25AP]
Referred to the Committee on the Judiciary, [26AP]
S. 560--
A bill to further the goals of the Paperwork Reduction Act to have
Federal agencies become more responsible and publicly accountable
for reducing the burden of Federal paperwork on the public, and for
other purposes.
Passed Senate amended, [6OC]
Received in House and referred to the Committee on Government
Operations, [7OC]
S. 617--
A bill to authorize research into the desalinization of water and water
reuse and to authorize a program for States, cities, or any
qualifying agency which desires to own and operate a desalinization
of water reuse facility to develop such facilities.
Passed Senate amended, [4AU]
[[Page 2686]]
Received in House and referred, jointly to the Committees on Natural
Resources; Science, Space, and Technology; Public Works and
Transportation, [5AU]
S. 622--
A bill to authorize appropriations for the United States Office of
Special Counsel, the Merit Systems Protection Board, and for other
purposes.
Passed Senate amended, [3OC]
Received in House, [4OC]
S. 636--
A bill to amend the Public Health Service Act to permit individuals to
have freedom of access to certain medical clinics and facilities,
and for other purposes.
Passed House amended, [17MR]
House insisted on its amendments and asked for a conference, [17MR]
Senate disagreed to House amendements and agreed to a conference,
[12AP]
Conference report (H. Rept. 103-488) submitted in the House, [2MY]
House agreed to conference report, [5MY]
Senate agreed to conference report, [12MY]
Presented to the President (May 17, 1994)
Approved [Public Law 103-259] (May 26, 1994)
S. 656--
A bill to provide for indoor air pollution abatement, including indoor
radon abatement, and for other purposes.
Passed House amended, [3OC]
S. 668--
A bill to amend title IX of the Civil Rights Act of 1968 to increase the
penalties for violating the fair housing provisions of the Act, and
for other purposes.
Passed Senate amended, [6MY]
Received in House, [9MY]
Referred to the Committee on the Judiciary, [10MY]
S. 716--
A bill to require that all Federal lithographic printing be performed
using ink made of vegetable oil, and for other purposes.
Reported with amendment (H. Rept. 103-625, part 1), [28JY]
Rules suspended. Passed House amended, [20SE]
Senate agreed to House amendment, [27SE]
Presented to the President (September 29, 1994)
Approved [Public Law 103-348] (signed October 6, 1994)
S. 720--
A bill to clean up open dumps on Indian lands, and for other purposes.
Passed Senate amended, [12MY]
Received in House, [16MY]
Referred to the Committee on Natural Resources, [17MY]
Reported with amendment (H. Rept. 103-783), [3OC]
Considered under suspension of the Rules, [4OC]
Rules suspended. Passed House amended, [5OC]
Senate agreed to House amendment, [8OC]
Presented to the President (October 18, 1994)
Approved [Public Law 103-399] (October 22, 1994)
S. 725--
A bill to amend the Public Health Service Act to provide for the conduct
of expanded studies and the establishment of innovative programs
with respect to traumatic brain injury, and for other purposes.
Passed Senate amended, [21AP]
Received in House, [25AP]
Referred to the Committee on Energy and Commerce, [26AP]
Rules suspended. Passed House amended, [8AU]
Senate agreed to House amendment with amendment, [8OC]
S. 729--
A bill to amend the Toxic Substances Control Act to reduce the levels of
lead in the environment, and for other purposes.
Passed Senate amended, [25MY]
Received in House, [26MY]
Papers returned to Senate (pursuant to H. Res. 486), [22JY]
S. 761--
A bill to amend the ``unit of general local government'' definition for
Federal payments in lieu of taxes to include unorganized boroughs in
Alaska.
Passed Senate amended, [8JN]
Received in House and referred to the Committee on Natural Resources,
[9JN]
S. 783--
A bill to amend the Fair Credit Reporting Act, and for other purposes.
Passed Senate amended, [4MY]
Received in House, [5MY]
Rules suspended. Passed House amended, [27SE]
S. 784--
A bill to amend the Federal Food, Drug, and Cosmetic Act to establish
standards with respect to dietary supplements, and for other
purposes.
Passed Senate amended, [13AU]
Received in House and referred to the Committee on Energy and
Commerce, [16AU]
Committee discharged. Passed House amended, [7OC]
Senate agreed to House amendment, [8OC]
Presented to the President (October 18, 1994)
Approved (Public Law 103-417) (signed October 25, 1994)
S. 812--
A bill to designate the Federal Courthouse in Denver, Colorado, as the
``Byron White Federal Courthouse'', and for other purposes.
Passed Senate, [1FE]
Received in House and referred to the Committee on Public Works and
Transportation, [3FE]
S. 832--
A bill to designate the plaza to be constructed on the Federal Triangle
property in Washington, D.C., as the ``Woodrow Wilson Plaza''.
Committes discharged. Passed House, [19JY]
Presented to the President (July 21, 1994)
Approved [Public Law 103-284] (signed August 1, 1994)
S. 859--
A bill to reduce the restrictions on lands conveyed by deed under the
Act of June 8, 1926.
Passed Senate amended, [12AP]
Received in House and referred to the Committee on Natural Resources,
[13AP]
Reported with amendment (H. Rept. 103-590), [12JY]
Rules suspended. Passed House amended, [12JY]
Senate agreed to House amendment, [25AU]
Presented to the President (September 13, 1994)
Approved [Public Law 103-326] (September 23, 1994)
S. 922--
A bill to provide that a State court may not modify an order of another
State court requiring the payment of child support unless the
recipient of child support payments resides in the State in which
the modification is sought or consents to the seeking of the
modification in that court.
Passed Senate amended, [27SE]
Received in House, [28SE]
Considered under suspension of the Rules, [4OC]
Rules suspended. Passed House, [5OC]
Presented to the President (October 13, 1994)
Approved [Public Law 103-383] (October 20, 1994)
S. 927--
A bill for the relief of Wade Bomar.
Passed Senate amended, [4OC]
Received in House and referred to the Committee on the Judiciary,
[5OC]
S. 978--
A bill to establish programs to promote environmental technology, and
for other purposes.
Passed Senate amended, [11MY]
Received in House, [12MY]
Referred jointly to the Committees on Science, Space, and Technology;
Energy and Commerce, [13JN]
S. 986--
A bill to provide for an interpretive center at the Civil War
Battlefield of Corinth, Mississippi, and for other purposes.
Reported with amendment (H. Rept. 103-813), [3OC]
Considered under suspension of the rules, [3OC]
Rules suspended. Passed House amended, [5OC]
S. 991--
A bill to direct the Secretary of the Interior and the Secretary of
Energy to undertake initiatives to address certain needs in the
Lower Mississippi Delta Region, and for other purposes.
Referred jointly, to the Committees on Education and Labor; Public
Works and Transportation; Natural Resources; Energy and Commerce;
Science, Space, and Technology, [7OC]
S. 1030--
A bill to amend title 38, United States Code, to improve the Department
of Veterans Affairs program of sexual trauma services for veterans,
to improve certain Department of Veterans Affairs programs for women
veterans, to extend the period of entitlement to inpatient care for
veterans exposed to Agent Orange or ionizing radiation, to establish
a hospice care pilot program, to eastablish a rural health care
clinics program, to authorize the Secretary of Veterans Affairs to
provide per diem payment and construction grants to State homes for
adult day care services, to establosh an education debt reduction
program, and for other purposes.
Passed Senate amended, [25MY]
Papers returned to the Senate (pursuant to H. Res. 487), [22JY]
Proceedings vacated, [26JY]
Passed Senate amended, [26JY]
Received in House and referred to the Committee on Veterans' Affairs,
[27JY]
S. 1033--
A bill to establish the Shenandoah Valley National Battlefields and
Commission in the Commonwealth of Virginia, and for other purposes.
Passed Senate amended, [8JN]
Received in the House and referred to the Committee on Natural
Resources, [9JN]
S. 1066--
A bill to restore Federal services to the Pokagon Band of Potawatomi
Indians.
Passed Senate amended, [10JN]
Received in House and referred to the Committee on Natural Resources,
[14JN]
Reported (H. Rept. 103-620), [25JY]
Passed House, [3AU]
Presented to the President (September 14, 1994)
Approved [Public Law 103-323] (signed September 21, 1994)
S. 1070--
A bill to provide that certain politically appointed Federal officers
may not receive cash awards for a certain period during a
Presidential election year, to prohibit cash awards to Executive
Schedule officers, and for other purposes.
Received in House and referred to the Committee on Post Office and
Civil Service, [1FE]
S. 1146--
A bill to provide for the settlement of the water rights claims of the
Yavapai-Prescott Indian Tribe in Yavapai County, Arizona, and for
other purposes.
Passed Senate amended, [26JY]
Received in House and referred to the Committee on Natural Resources,
[27JY]
Reported with amendment (H. Rept. 103-812), [3OC]
Rules suspended. Passed House amended, [3OC]
Senate agreed to House amendment, [4OC]
Presented to the President (October 21, 1994)
Approved [Public Law 103-434] (signed October 31, 1994)
S. 1203--
A bill to establish a Center for Rare Disease Research in the National
Institutes of Health, and for other purposes.
Passed Senate amended, [8OC]
Received in House and referred to the Committee on Energy and
Commerce, [29NO]
S. 1206--
A bill to redesignate the Federal building located at 380 Trapelo Road
in Waltham, Massachusetts, as the ``Frederick C. Murphy Federal
Center''.
Passed Senate, [1FE]
Received in House and referred to the Committee on Public Works and
Transportation, [3FE]
Reported (H. Rept. 103-455), [24MR]
Rules suspended. Passed House, [12AP]
Presented to the President (April 13, 1994)
Approved [Public Law 103-234] (signed April 14, 1994)
S. 1216--
A bill to resolve the 107th Meridian boundary dispute between the Crow
Indian Tribe, the Northern Cheyenee Indian Tribe, and the United
States and various other issues pertaining to the Crow Indian
Reservation.
Passed Senate amended, [3OC]
Received in House, [5OC]
Returned to the Senate (pursuant to H. Res. 577), [7OC]
S. 1225--
A bill to authorize and encourage the President to conclude an agreement
with Mexico to establish a United States-Mexico Border Health
Commission.
Passed Senate amended, [30SE]
Received in House, [3OC]
Considered under suspension of the rules, [4OC]
Failed of passage under suspension of the rules, [4OC]
Rules suspended. Passed House, [5OC]
Presented to the President (October 13, 1994)
Approved [Public Law 103-400] (signed October 22, 1994)
S. 1226--
A bill to amend title 38, United States Code, to provide for the
organization and administration
[[Page 2687]]
of the Readjustment Counseling Service, to improve eligibility for
readjustment counseling and related counseling, and for other
purposes.
Passed Senate amended, [24MR]
Received in House and referred to the Committee on Veterans' Affairs,
[12AP]
S. 1233--
A bill to resolve the status of certain lands in Arizona that are
subject to a claim as a grant of public lands for railroad purposes,
and for other purposes.
Passed Senate amended, [24JN]
Received in House, [27JN]
Referred jointly to the Committeess on the Judiciary; Natural
Resources, [27JY]
Reported from the Committee on the Judiciary (H. Rept. 103-773, part
1), [3OC]
Reported from the Committee on Natural Resources (H. Rept. 103-773,
part 2), [3OC]
Rules suspended. Passed House, [3OC]
Presented to the President (October 6, 1994)
Approved [Public Law 103-365] (signed October 14, 1994)
S. 1284--
A bill to amend the Developmental Disabilities Assistance Bill of Rights
Act to expand or modify certain provisions relating to programs for
certain individuals with developmental disabilities, Federal
assistance for priority area activities for individuals with
developmental disabilities, protection and advocacy of individual
rights, university affiliated programs, and projects of national
significance, and for other purposes.
Senate disagreed to House amendments and asked for a conference, [9MR]
House insisted on its amendments and agreed to a conference, [16MR]
Conference report (H. Rept. 103-442) submitted in the House, [21MR]
House agreed to conference report under suspension of the Rules,
[21MR]
Senate agreed to conference report, [24MR]
Presented to the President (March 25, 1994)
Approved [Public Law 103-230] (signed April 6, 1994)
S. 1299--
A bill to reform requirements for the disposition of multifamily
property owned by the Secretary of Housing and Urban Development,
enhance program flexibility, authorize a program to combat crime,
and for other purposes.
Passed House amended, [22MR]
Senate agreed to House amendments, [25MR]
Presented to the President (March 30, 1994)
Approved [Public Law 103-233] (signed April 11, 1994)
S. 1312--
A bill to amend the Employee Retirement Income Security Act of 1974 in
order to provide for the availability of remedies for certain former
pension plan participants and beneficiaries.
Rules suspended. Passed House, [3OC]
Presented to the President (October 18, 1994)
Approved [Public Law 103-401] (signed October 22, 1994)
S. 1314--
A bill to designate the United States Courthouse located in Bridgeport,
Connecticut as the ``Brien McMahon Federal Building''.
Passed Senate, [1FE]
Received in House and referred to the Committee on Public Works and
Transportation, [3FE]
S. 1357--
A bill to reaffirm and clarify the Federal relationships of the Little
Traverse Bay Bands of Odawa Indians and the Little River Band of
Ottawa Indians as distinct federally recognized Indian tribes, and
for other purposes.
Passed Senate amended, [25MY]
Received in House, [26MY]
Referred to the Committee on Natural Resources, [23JN]
Reported (H. Rept. 103-621), [25JY]
Passed House, [3AU]
Presented to the President (September 14, 1994)
Approved [Public Law 103-324] (signed September 21, 1994)
S. 1402--
A bill to convey a certain parcel of public land to the county of Twin
Falls, Idaho, for use as a landfill, and for other purposes.
Passed Senate amended, [25MR]
Received in House and referred to the Committee on Natural Resources,
[12AP]
Reported (H. Rept. 103-589), [12JY]
Rules suspended. Passed House, [12JY]
Presented to the President (July 14, 1994)
Approved [Public Law 103-281] (July 22, 1994)
S. 1406--
A bill to amend the Plant Variety Protection Act to make such Act
consistent with the International Convention for the Protection of
New Varieties of Plants of March 19, 1991, to which the United
States is a signatory, and for other purposes.
Passed Senate amended, [25MY]
Received in House, [26MY]
Passed House amended, [12AU]
Senate agreed to House amendment, [21SE]
Presented to the President (September 26, 1994)
Approved [Public Law 103-349] (October 6, 1994)
S. 1413--
A bill to amend the Ethics in Government Act of 1978, as amended, to
extend the authorization of appropriations for the Office of
Government Ethics for eight years, and for other purposes.
Passed Senate amended, [6OC]
Received in House, [7OC]
S. 1422--
A bill to confer jurisdiction on the United States Claims Court with
respect to land claims of Pueblo of Isleta Indian Tribe.
Passed Senate amended, [30SE]
Received in House, [3OC]
Referred to the Committee on the Judiciary, [7OC]
S. 1457--
A bill to amend the Aleutian and Pribilof Restitution Act to increase
authorization for appropriation to compensate Aleut villages for
church property lost, damaged, or destroyed during World War II.
Reported (H. Rept. 103-833), [4OC]
Considered under suspension of the Rules, [4OC]
Rules suspended. Passed House amended, [5OC]
Senate agreed to House amendment, [8OC]
Presented to the President (October 18, 1994)
Approved [Public Law 103-402] (signed October 22, 1994)
S. 1458--
A bill to amend the Federal Aviation Act of 1958 to establish time
limitations on certain civil actions against aircraft manufacturers,
and for other purposes.
Passed Senate, [16MR]
Received in House, [17MR]
Referred jointly to the Committees on the Judiciary; Public Works and
Transportation, [18MR]
Reported from the Committee on Public Works and Transportation (H.
Rept. 103-525, part 1), [24MY]
Reported with amendment from the Committee on the Judiciary (H. Rept.
103-525, part 2), [24JN]
Rules suspended. Passed House amended, [27JN]
Senate agreed to House amendment with amendment, [2AU]
House agreed to Senate amendment to House amendment, [3AU]
Presented to the President (August 5, 1994)
Approved [Public Law 103-298] (August 17, 1994)
S. 1485--
A bill to extend certain satellite carrier compulsory licenses, and for
other purposes.
Passed Senate amended, [18MY]
Received in House, [19MY]
Referred to the Committee on the Judiciary, [20MY]
Committee discharged. Passed House amended, [16AU]
House insisted on its amendments and asked for a conference, [16AU]
Senate disagreed to House amendments and agreed to a conference,
[19AU]
S. 1493--
A bill to support the transition to nonracial democracy in South Africa.
Referred jointly to the Committees on Foreign Affairs; Banking,
Finance and Urban Affairs; Ways and Means; Post Office and Civil
Service; Government Operations, [7OC]
S. 1512--
A bill to amend title 38, United States Code, to require the
establishment in the Department of Veterans' Affairs of mental
illness research, education, and clinical centers, and for other
purposes; to the Committss on Veterans' Affairs
Passed Senate amended, [24MR]
Received in House and referred to the Committee on Veterans' Affairs,
[12AP]
S. 1534--
A bill to amend title 38, United States Code, to repeal a requirement
that the Under Secretary for Health in the Department of Veterans
Affairs be a doctor of medicine.
Senate agreed to House amendments with amendment, [25MR]
S. 1546--
A bill to amend title 38, United States Code, to revise certain
administrative provisions relating to the United States Court of
Appeals, and for other purposes.
Passed Senate amended, [25MR]
Received in House and referred to the Committee on Veterans' Affairs,
[12AP]
S. 1555--
A bill to clarify the treatment of the Centennial Bridge, Rock Island,
Illinois, under title 23, United States Code, and for other
purposes.
Passed Senate, [23SE]
Received in House, [26SE]
S. 1560--
A bill to establish the Social Security Administration as an independent
agency, and for other purposes.
Passed Senate amended, [2MR]
Received in House, [3MR]
S. 1569--
A bill to amend the Public Health Service Act to establish, reauthorize
and revise provisions to improve the health of individuals from
disadvantaged backgrounds, and for other purposes.
Passed Senate amended, [26MR]
Received in House, [14AP]
Passed House amended, [23MY]
House insisted on its amendments and asked for a conference, [23MY]
Senate disagreed to House amendments and agreed to a conference,
[14JN]
Conference report (H. Rept. 103-843) submitted in the House, [6OC]
House agreed to conference report, [7OC]
S. 1574--
A bill to authorize appropriations for the Coastal Heritage Trail Route
in the State of New Jersey, and for other purposes.
Reported with amendment, (H. Rept. 103-443), [21MR]
Rules suspended. Passed House amended, [21MR]
Senate agreed to House amendment, [19AP]
Presented to the President (April 22, 1994)
Approved [Public Law 103-243] (signed May 4, 1994)
S. 1586--
A bill to establish the New Orleans Jazz National Historical Park in the
State of Louisiana.
Passed Senate amended, [12AP]
Received in House and referred to the Committee on Natural Resources,
[13AP]
S. 1587--
A bill to revise and streamline the acquisition laws of the Federal
Government, and for other purposes.
Passed Senate amended, [8JN]
Received in House, [14JN]
Passed House amended, [27JN]
Senate disagreed to House amendment and asked for a conference, [1JY]
House insisted on its amendment and agreed to a conference, [4AU]
Conference report (H. Rept. 103-712) submitted in the House, [21AU]
Senate agreed to conference report, [23AU]
House agreed to conference report, [20SE]
Presented to the President (October 4, 1994)
Approved [Public Law 103-355] (signed October 13, 1994)
S. 1614--
A bill to amend the Child Nutrition Act of 1966 and the National Lunch
Act to promote healthy eating habits for children and to extend
certain authorities contained in such Acts through fiscal year 1998,
and for other purposes.
Passed Senate amended, [25AU]
Received in House, [12SE]
Considered under suspension of the rules, [4OC]
Rules suspended. Passed House amended, [5OC]
Senate agreed to House amendment, [6OC]
Presented to the President (October 21, 1994)
Approved [Public Law 103-448] (November 2, 1994)
S. 1618--
A bill to establish Tribal Self-Governance, and for other purposes.
Received in House and referred to the Committee on Natural Resources,
[1FE]
[[Page 2688]]
S. 1624--
A bill to standardize withdrawal options for Thrift Savings Plan
participants, and for other purposes.
Received in House and referred to the Committee on Post Office and
Civil Service, [1FE]
S. 1636--
A bill to authorize appropriations for the Marine Mammal Protection Act
of 1972 and to improve the program to reduce the incidental taking
of marine mammals during the course of commercial fishing
operations, and for other purposes.
Passed Senate amended, [21MR]
Received in House, [21MR]
Rules suspended. Passed House amended, [22MR]
Senate agreed to House amendment with amendment, [24MR]
House agreed to Senate amendment to House amendment with amendment
(pursuant to H. Res. 412), [26AP]
Senate agreed to House amendment to Senate amendment to House
amendment, [26AP]
Presented to the President (April 29, 1994)
Approved [Public Law 103-238] (signed April 30, 1994)
S. 1650--
A bill to designate the United States Courthouse for the Eastern
District of Virginia in Alexandria, Virginia, as the Albert V. Bryan
United States Courthouse.
Passed Senate, [1FE]
Received in House and referred to the Committee on Public Works and
Transportation, [3FE]
S. 1654--
A bill to make certain technical corrections.
Passed Senate amended, [24NO]
Received in House and referred jointly to the Committees on Natural
Resources; Education and Labor, [1FE]
Reported with amendments from the Committee on Natural Resources (H.
Rept. 103-479, part 1), [19AP]
Rules suspended. Passed House amended, [19AP]
Senate agreed to House amendment with amendments, [19MY]
Rules suspended. House agreed to Senate amendments to House amendment,
[23MY]
Presented to the President (May 26, 1994)
Approved [Public Law 103-263] (signed May 31, 1994)
S. 1703--
A bill to expand the boundaries of the Piscataway National Park, and for
other purposes.
Passed Senate amended, [16JN]
Received in House, [21JN]
Referred to the Committee on Natural Resources, [13JY]
Reported with amendments (H. Rept. 103-682), [8AU]
Rules suspended. Passed House amended, [8AU]
Senate agreed to House amendments, [21SE]
Presented to the President (September 26, 1994)
Approved [Public Law 103-350] (signed October 6, 1994)
S. 1761--
A bill to provide early out authority for Forest Service employees.
Referred to the Committee on Post Office and Civil Service, [1FE]
S. 1774--
A bill to amend the Public Health Service Act to revise and extend the
bone marrow donor program, and for other purposes.
Referred to the Committee on Energy and Commerce, [7OC]
S. 1782--
A bill to amend title 5, United States Code, to provide for public
access to information in an electronic format, to amend the Freedom
of Information Act, and for other purposes.
Passed Senate amended, [25AU]
Received in House and referred to the Committee on Government
Operations, [12SE]
S. 1783--
A bill to amend the Mount Rushmore commemorative Coin Act to allow
proceeds from the sale of coins to be used to renovate the Mount
Rushmore National Memorial.
Received in House and referred to the Committee on Banking, Finance
and Urban Affairs, [1FE]
S. 1784--
A bill to restore the Central Council of Tlingit and Haida Indian Tribes
of Alaska to the Department of the Interior list of Indian entities
recognized and eligible to receive Services from the United States
Bureau of Indian Affairs.
Received in House and referred to the Committee on Natural Resources,
[1FE]
Reported with amendment (H. Rept. 103-800), [3OC]
S. 1789--
A bill to amend title 23, United States Code, to permit the use of funds
under the highway bridge replacement and rehabilitation program for
seismic retrofit of bridges, and for other purposes.
Passed Senate, [7FE]
Received in House, [8FE]
Passed House, [2MR]
Presented to the President (March 8, 1994)
Approved [Public Law 103-220] (signed March 17, 1994)
S. 1880--
A bill to provide that the National Education Commission on Time and
Learning shall terminate on September 30, 1994.
Passed Senate, [15JY]
Received in House and passed, [19JY]
Presented to the President (July 21, 1994)
Approved [Public Law 103-290] (signed August 1, 1994)
S. 1881--
A bill to establish and implement a technology investment policy for
aeronautical and space activities of the National Aeronautics and
Space Administration, and for other purposes.
Passed Senate amended, [6OC]
Received in House and referred to the Committee on Science, Space, and
Technology, [7OC]
S. 1887--
A bill to amend title 23, United States Code, to provide for the
designation of the National Highway System, and for other purposes.
Passed Senate, [23SE]
Received in House, [26SE]
Passed House amended, [29SE]
House insisted on its amendment and asked for a conference, [29SE]
S. 1897--
A bill to expand the boundary of the Santa Fe National Forest, and for
other purposes.
Passed Senate amended, [2AU]
Received in House, [3AU]
S. 1904--
A bill to amend title 38, United States Code, to improve the
organization and procedures of the Board of Veterans' Appeals.
Passed Senate amended, [21AP]
Received in House, [25AP]
Referred to the Committee on Veterans' Affairs, [26AP]
Rules suspended. Passed House amended, [13JN]
Senate agreed to House amendment, [15JN]
Presented to the President (June 22, 1994)
Approved [Public Law 103-271] (July 1, 1994)
S. 1908--
A bill to provide for a study of the processes and procedures of the
Department of Veterans Affairs for the disposition of claims for
veterans' benefits.
Passed Senate amended, [19AU]
Received in House and referred to the Committee on Veterans' Affairs,
[23AU]
S. 1913--
A bill to extend certain compliance dates for pesticide safety training
and labeling requirements.
Passed Senate, [9MR]
Received in House and referred to the Committee on Agriculture, [10MR]
Committee discharged. Passed House amended, [17MR]
Senate agreed to House amendment, [24MR]
Presented to the President (March 25, 1994)
Approved [Public Law 103-231] (April 6, 1994)
S. 1919--
A bill to improve water quality within the Rio Puerco watershed and to
help restore the ecological health of the Rio Grande through the
cooperative identification and implementation of best management
practices which are consistent with the ecological, geological,
cultural, sociological, and economic conditions in the region.
Passed Senate amended, [2AU]
Received in House and referred jointly to the Committees on Merchant
Marine and Fisheries; Natural Resources, [3AU]
Reported with amendments (H. Rept. 103-820, part 1), [3OC]
Considered under suspension of the rules, [3OC], [4OC]
Rules suspended. Failed of passage, [5OC]
S. 1926--
A bill to amend the Food and Stamp Act of 1977 to modify the
requirements relating to monthly reporting and staggered issuance of
coupons for households residing on Indian reservations, to ensure
adequate access to retail food stores by food stamp households, and
to maintain the integrity of the Food Stamp Program, and for other
purposes.
Passed Senate, [11MR]
Received in House, [15MR]
Passed House, [16MR]
Presented to the President (March 21, 1994)
Approved [Public Law 103-225] (signed March 25, 1994)
S. 1927--
A bill to increase the rates of compensation for veterans with service-
connected disabilities and the rates of dependency and indemnity
compensation for the survivors of certain disabled veterans.
Passed Senate amended, [4MY]
Received in House and referred to the Committee on Veterans' Affairs,
[5MY]
Committee discharged. Passed House amended, [8AU]
Senate agreed to House amendments with amendment, [6OC]
House agreed to Senate amendment to House amendment, [7OC]
Presented to the President (October 18, 1994)
Approved [Public Law 103-418] (signed October 25, 1994)
S. 1930--
A bill to amend the Consolidated Farm and Rural Development Act to
improve the administration of claims and obligations of the Farmers
Home Administration, and for other purposes.
Passed Senate, [24MR]
Received in House and referred to the Committee on Agriculture, [12AP]
Committee discharged. Passed House, [21AP]
Presented to the President (April 29, 1994)
Approved [Public Law 103-248] (May 11, 1994)
S. 1935--
A bill to prohibit lobbyists and their clients from providing to
legislative branch officials certain gifts, meals, entertainment,
reimbursements, or loans and to place limits on and require
disclosure by lobbyists of certain expenditures.
Passed Senate amended, [11MY]
Received in House, [16MY]
S. 1970--
An original bill to authorize the Secretary of Agriculture to reorganize
the Department of Agriculture, and for other purposes.
Passed Senate amended, [13AP]
Received in House, [14AP]
Passed House amended, [28SE]
S. 1980--
A bill to establish the Cane River Creole National Historical Park and
the Cane River National Heritage Area in the State of Louisiana, and
for other purposes.
Passed Senate amended, [16JN]
Received in House and referred to the Committee on Natural Resources,
[21JN]
S. 2000--
A bill to authorize appropriations for fiscal years 1995 through 1998 to
carry out the Head Start Act and the Community Services Block Grant
Act, and for other purposes.
Passed Senate amended, [21AP]
Received in House, [25AP]
Passed House amended, [28AP]
House insisted on its amendments and asked for a conference, [28AP]
Senate disagreed to House amendments and agreed to a conference, [3MY]
Conference report (H. Rept. 103-497) submitted in the House, [9MY]
Senate agreed to conference report, [11MY]
House agreed to conference report, [12MY]
Presented to the President (May 17, 1994)
Approved [Public Law 103-252] (signed May 18, 1994)
S. 2004--
A bill to extend until July 1, 1998, the exemption from ineligibility
based on a high default rate for certain institutions of higher
education.
Passed Senate, [25MR]
Received in House, [12AP]
Considered under suspension of the rules, [12AP]
Rules suspended. Passed House, [13AP]
Presented to the President (April 19, 1994)
Approved [Public Law 103-235] (April 28, 1994)
S. 2005--
A bill to make certain technical corrections, and for other purposes.
Passed Senate, [25MR]
Received in House and referred to the Committee on Agriculture, [12AP]
[[Page 2689]]
Committee discharged. Passed House, [21AP]
Presented to the President (April 29, 1994)
Approved [Public Law 103-247] (signed May 6, 1994)
S. 2019--
An original bill to reauthorize and amend title XIV of the Public Health
Service Act (commonly known as the ``Safe Drinking Water Act''), and
for other purposes.
Passed Senate amended, [19MY]
Received in House, [23MY]
S. 2024--
A bill to provide temporary obligational authority for the airport
improvement program and to provide for certain airport fees to be
maintained at existing levels for up to 60 days, and for other
purposes.
Passed Senate amended, [19AP]
Received in House, [21AP]
Rules suspended. Passed House amended, [3MY]
Senate agreed to House amendment with amendment, [12MY]
Rules suspended. House agreed to Senate amendment to House amendment,
[17MY]
Presented to the President (May 20, 1994)
Approved [Public Law 103-260] (signed May 26, 1994)
S. 2036--
A bill to specify the terms of contracts entered into by the United
States and Indian tribal organizations under the Indian Self-
Determination and Education Assistance Act, and for other purposes.
Passed Senate amended, [6OC]
Received in House and referred to the Committee on Natural Resources,
[7OC]
S. 2042--
A bill to remove the United States arms embargo of the government of
Bosnia and Herzegovina.
Passed Senate amended, [12MY]
Received in House, [17MY]
Referred to the Committee on Foreign Affairs, [7OC]
S. 2060--
A bill to amend the Small Business Act.
Passed Senate amended, [18AU]
Received in House, [19AU]
Passed House amended, [21SE]
House insisted on its amendments and asked for a conference, [21SE]
Senate disagreed to House amendments and agreed to a conference,
[27SE]
Conference report (H. Rept. 103-824) submitted in the House, [3OC]
House agreed to conference report, [4OC]
Senate agreed to conference report, [5OC]
Presented to the President (October 13, 1994)
Approved [Public Law 103-403] (October 22, 1994)
S. 2067--
A bill to elevate the position of Director of Indian Health Service to
Assistant Secretary of Health and Human Services, to provide for the
organizational independence of the Indian Health Service within the
Department of Health and Human Services, and for other purposes.
Passed Senate amended, [21SE]
Received in House and referred jointly to the Committees on Natural
Resources; Energy and Commerce, [22SE]
S. 2073--
A bill to designate the United States courthouse that is scheduled to be
constructed in Concord, New Hampshire, as the ``Warren B. Rudman
United States Courthouse'', and for other purposes.
Passed Senate, [17AU]
Received in House and referred to the Committee on Public Works and
Transportation, [18AU]
Committee discharged. Passed House amended, [7OC]
Senate agreed to House amendments, [8OC]
Presented to the President (October 18, 1994)
Approved [Public Law 103-404] (October 22, 1994)
S. 2075--
A bill to amend the Indian Child Protection and Family Violence
Prevention Act to reauthorize and improve programs under the Act.
Passed Senate amended, [6OC]
Received in House and referred to the Committee on Natural Resources,
[7OC]
S. 2087--
A bill to extend the time period for compliance with the Nutrition
Labeling and Education Act of 1990 for certain food products
packaged prior to August 18, 1994.
Passed Senate amended, [17MY]
Received in House and passed, [19MY]
Presented to the President (May 20, 1994)
Approved [Public Law 103-261] (May 26, 1994)
S. 2099--
A bill to establish the Northern Great Plains Rural Development
Commission, and for other purposes.
Passed Senate amended, [22JN]
Received in House and referred to the Committee on Agriculture, [23JN]
Reported (H. Rept. 103-700), [12AU]
Passed House, [12AU]
Presented to the President (August 17, 1994)
Approved [Public Law 103-318] (August 26, 1994)
S. 2100--
A bill to provide for rural development, multiple-use management,
expenditures under the Knutson-Vandenburg Act of 1930, and
ecosystem-based management of certain forest lands, and for other
purposes.
Passed Senate, [10MY]
Received in House, [11MY]
Passed House amended, [7OC]
S. 2145--
A bill to authorize the Secretary of Agriculture to determine which
programs of the Department of Agriculture are eligible for State
mediation and to certify States to administer mediation for the
programs, and for other purposes.
Passed Senate, [25MY]
Received in House, [26MY]
Referred to the Committee on Agriculture, [7OC]
S. 2155--
A bill to authorize the appropriation of funds for the Federal share of
the cost of the construction of a Forest Ecosystem Research
Laboratory at Oregon State University in Corvallis, Oregon, and for
other purposes.
Passed Senate, [29JN]
Received in House and referred to the Committee on Agriculture, [30JN]
S. 2170--
An original bill to provide a more effective, efficient, and responsive
Government.
Passed Senate amended, [28SE]
Received in House, [29SE]
Considered under suspension of the rules, [3OC]
Rules suspended. Passed House, [4OC]
Presented to the President (October 7, 1994)
Approved [Public Law 103-356] (October 13, 1994)
S. 2182--
An original bill to authorize appropriations for fiscal year 1995 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of
Energy, to prescribe personnel strengths for such fiscal year for
the Armed Forces, and for other purposes.
Passed Senate amended, [1JY]
Received in House, [14JY]
Passed House amended, [25JY]
House insisted on its amendment and asked for a conference, [25JY]
Senate disagreed to House amendment and agreed to a conference, [27JY]
Conference report (H. Rept. 103-701) submitted in the House, [12AU]
House agreed to conference report, [17AU]
Senate agreed to conference report, [13SE]
Presented to the President (September 28, 1994)
Approved [Public Law 103-337] (October 5, 1994)
S. 2185--
A bill to require the Secretary of the Treasury to transfer to the
Administrator of General Services the Old U.S. Mint in San
Francisco, and for other purposes.
Passed Senate amended, [2AU]
Received in House, [3AU]
S. 2206--
An original bill to revise and streamline the acquisition laws of the
Federal Government, and for other purposes.
Passed Senate amended, [1JY]
Received in House, [14JY]
S. 2207--
An original bill to revise, streamline, and reform the acquisition laws
of the Federal Government, and for other purposes.
Passed Senate amended, [1JY]
Received in House, [14JY]
S. 2208--
An original bill to authorize appropriations for fiscal year 1995 for
military activities of the Department of Defense, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and
for other purposes.
Passed Senate amended, [1JY]
Received in House, [20JY]
S. 2209--
A bill to authorize appropriations for fiscal year 1995 for military
construction, and for other purposes.
Passed Senate amended, [1JY]
Received in House, [14JY]
S. 2210--
An original bill to authorize appropriations for fiscal year 1995 for
defense activities of the Department of Energy, and for other
purposes.
Passed Senate amended, [1JY]
Received in House, [14JY]
S. 2211--
An original bill to authorize appropriations for fiscal year 1995 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of
Energy.
Passed Senate amended, [1JY]
Received in House, [14JY]
S. 2218--
A bill to provide authorization of appropriations for the Federal
Emergency Food and Shelter Program for the fiscal years 1995 and
1996.
Passed Senate, [10AU]
Received in House and referred to the Committee on Banking and
Finance, [11AU]
S. 2243--
A bill to amend the Fishermen's Protective Act of 1967 to permit
reimbursement of fishermen for fees required by a foreign government
to be paid in advance in order to navigate in the waters of that
foreign country whenever the United States considers that fee to be
inconsistent with international law, and for other purposes.
Passed Senate amended, [1JY]
Received in House, [12JY]
S. 2251--
A bill to amend the Energy Policy and Conservation Act to manage the
Strategic Petroleum Reserve more effectively, and for other
purposes.
Passed Senate amended, [30SE]
Received in House, [4OC]
Referred to the Committee on Agriculture, [29NO]
S. 2272--
A bill to amend chapter 28 of title 35, United States Code, to provide a
defense to patent infringement based on prior use by certain
persons, and for other purposes.
Passed Senate amended, [8OC]
Received in House and referred to the Committee on the Judiciary,
[29NO]
S. 2277--
An original bill to authorize major medical facility construction
projects for the Department of Veterans Affairs for fiscal year
1995, and for other purposes.
Passed Senate, [19AU]
Received in House, [23AU]
S. 2297--
A bill to facilitate obtaining foreign-located antitrust evidence by
authorizing the Attorney General of the United States and the
Federal Trade Commission to provide, in accordance with antitrust
mutual assistance agreements, antitrust evidence to foreign
antitrust authorities on a reciprocal basis.
Passed Senate amended, [7OC]
Received in House, [29NO]
S. 2341--
A bill to amend chapter 30 of title 35, United States Code, to afford
third parties an opportunity for greater participation in
reexamination proceedings before the United States Patent and
Trademark Office, and for other purposes.
Passed Senate amended, [4OC]
Received in House and referred to the Committee on the Judiciary,
[5OC]
S. 2345--
An original bill to amend the Solid Waste Disposal Act to provide
authority for States to limit the interstate transportation of
municipal solid waste, and for other purposes.
Passed Senate, [30SE]
Received in House, [3OC]
Passed House amended, [7OC]
S. 2352--
A bill to amend the Public Health Service Act to reauthorize certain
programs relating to the Substance Abuse and Mental Health Services
Administration, and for other purposes.
[[Page 2690]]
Passed Senate amended, [7OC]
Received in House and referred to the Committee on Energy and
Commerce, [29NO]
S. 2372--
A bill to reauthorize for three years the Commission on Civil Rights,
and for other purposes.
Passed Senate amended, [30SE]
Received in House and passed amended, [3OC]
Senate agreed to House amendments with amendment, [6OC]
House agreed to Senate amendment to House amendments, [7OC]
Presented to the President (October 18, 1994)
Approved [Public Law 103-419] (October 25, 1994)
S. 2375--
A bill to amend title 18, United States Code, to make clear a
telecommunications carrier's duty to cooperate in the interception
of communications for law enforcement purposes, and for other
purposes.
Passed Senate amended, [7OC]
Received in House, [7OC]
S. 2384--
An original bill to extend the deadlines applicable to certain
hydroelectric projects under the Federal Power Act, and for other
purposes.
Passed Senate amended, [5OC]
Received in House, [6OC]
Passed House amended, [7OC]
S. 2395--
A bill to designate the United States Federal Building and Courthouse in
Detroit, Michigan, as the ``Theodore Levin Federal Building and
Courthouse'', and for other purposes.
Passed Senate amended, [30SE]
Received in House, [3OC]
Passed House, [7OC]
Presented to the President (October 17, 1994)
Approved [Public Law 103-405] (October 22, 1994)
S. 2406--
A bill to amend title 17, United States Code, relating to the definition
of a local service area of a primary transmitter, and for other
purposes.
Passed Senate, [18AU]
Received in House, [19AU]
Rules suspended. Passed House amended, [20SE]
Senate agreed to House amendment, [4OC]
Presented to the President (Ocotber 7, 1994)
Approved [Public Law 103-369] (signed October 18, 1994)
S. 2407--
A bill to make improvements in the operation and administration of the
Federal courts, and for other purposes.
Passed Senate, [18AU]
Received in House and referred to the Committee on the Judiciary,
[19AU]
Committee discharged. Passed House, [7OC]
Presented to the President (October 17, 1994)
Approved [Public Law 103-420] (signed October 25, 1994)
S. 2430--
A bill to facilitate recovery from the recent flooding in Georgia,
Alabama, and Florida resulting from Tropical Storm Alberto by
providing greater flexibility for depository institutions and their
regulators, and for other purposes.
Passed Senate, [25AU]
Received in House and referred to the Committee on Banking, Finance
and Urban Affairs, [12SE]
S. 2433--
A bill to amend title VIII of the Public Health Service Act to
consolidate and reauthorize nursing education programs under such
title, and for other purposes.
Passed Senate amended, [6OC]
Received in House and referred to the Committee on Energy and
Commerce, [7OC]
S. 2457--
A bill for the relief of Benchmark Rail Group, Inc..
Passed Senate, [4OC]
Received in House and referred to the Committee on the Judiciary,
[5OC]
S. 2466--
A bill to amend the Energy Policy and Conservation Act to manage the
Strategic Petroleum Reserve more effectively and for other purposes.
Passed Senate, [30SE]
Received in House, [3OC]
Passed House, [7OC]
Presented to the President (October 13, 1994)
Approved [Public Law 103-406] (signed October 22, 1994)
S. 2468--
A bill to permit the Secretary of Agriculture to make available certain
amounts for FmHA farm ownership, operating, or emergency loans, and
for other purposes.
Passed Senate, [27SE]
Received in House and referred to the Committee on Agriculture, [28SE]
S. 2475--
An original bill to authorize assistance to promote the peaceful
resolution of conflicts in Africa.
Passed Senate, [4OC]
Received in House and passed, [5OC]
Presented to the President (October 13, 1994)
Approved [Public Law 103-381] (signed October 19, 1994)
S. 2478--
A bill to amend the Small Business Act to enhance the business
development opportunities of small business concerns owned and
controlled by socially and economically disadvantaged individuals,
and for other purposes.
Passed Senate, [7OC]
Received in House and referred to the Committee on Small Business,
[7OC]
S. 2500--
A bill to enable producers and feeders of sheep and importers of sheep
and sheep products to develop, finance, and carry out a nationally
coordinated program for sheep and sheep product promotion, research,
and information, and for other purposes.
Passed Senate, [4OC]
Received in House and passed, [5OC]
Presented to the President (October 13, 1994)
Approved [Public Law 103-407] (signed October 22, 1994)
S. 2534--
A bill to revise and improve the process for disposing of buildings and
property at military installations under the base closure laws.
Passed Senate, [6OC]
Received in House and passed, [7OC]
Presented to the President (October 17, 1994)
Approved [Public Law 103-421] (October 25, 1994)
S. 2550--
A bill to provide for the sale of certain lands of the University of
Arkansas.
Passed Senate, [7OC]
Received in House and referred to the Committee on Agriculture, [29NO]
S. 2551--
A bill to prohibit the duplication of benefits.
Passed Senate, [7OC]
Received in House and referred to the Committee on Agriculture, [29NO]
S. 2559--
A bill relating to implementation of Oil Pollution Act with respect to
animal fats and vegetable oils.
Passed Senate, [8OC]
Received in House and referred jointly to the Committees on Merchant
Marine and Fisheries; Public Works and Transportation, [29NO]
S. 2560--
A bill to allow the collection and payment of funds following the
completion of cooperative work involving the protection, management,
and improvement of the National Forest System, and for other
purposes.
Passed Senate, [8OC]
Received in House and referred jointly to the Committees on
Agriculture; Natural Resources, [29NO]
[[Page 2691]]
SENATE JOINT RESOLUTIONS
------------------------------------------------------------------------
S.J. Res. 20--
A joint resolution to designate February 7, 1993, through February 13,
1993, and February 6, 1994, through February 13, 1994, as ``National
Burn Awareness Week''.
Referred to the Committee on Post Office and Civil Service, [7OC]
S.J. Res. 56--
A joint resolution to designate the week beginning April 12, 1993, as
``National Public Safety Telecommunicators Week''.
Committee discharged. Passed House amended, [11MR]
Senate agreed to House amendments, [17MR]
Presented to the President (March 23, 1994)
Approved [Public Law 103-221] (March 24, 1994)
S.J. Res. 90--
A joint resolution to recognize the achievements of radio amateurs, and
to establish support for such amateurs as national policy.
Passed Senate, [6OC]
Received in House and passed, [7OC]
Presented to the President (October 17, 1994)
Approved [Public Law 103-408] (October 22, 1994)
S.J. Res. 119--
A joint resolution to designate the month of March 1994 as ``Irish-
American Heritage Month''.
Committee discharged. Passed House, [8FE]
Presented to the President (February 15, 1994)
Approved [Public Law 103-217] (February 22, 1994)
S.J. Res. 135--
A joint resolution designating the week beginning October 25, 1993, as
``World Population Awareness Day''.
Committee discharged. Passed House amended, [30SE]
S.J. Res. 143--
A joint resolution providing for the appointment of Frank Anderson
Shrontz as a citizen regent of the Board of Regents of the
Smithsonian Institution.
Passed House (in lieu of H.J. Res. 280), [26AP]
Presented to the President (April 29, 1994)
Approved [Public Law 103-244] (signed May 4, 1994)
S.J. Res. 144--
A joint resolution providing for the appointment of Manuel Luis Ibanez
as a citizen regent of the Board of Regents of the Smithsonian
Institution.
Passed House (in lieu of H.J. Res. 279), [26AP]
Presented to the President (April 29, 1994)
Approved [Public Law 103-245] (signed May 4, 1994)
S.J. Res. 146--
A joint resolution designating May 1, 1994, through May 7, 1994, as
``National Walking Week''.
Passed Senate, [2MY]
Received in House and referred to the Committee on Post Office and
Civil Service, [3MY]
Committee discharged. Passed House, [3MY]
Presented to the President (May 5, 1994)
Approved [Public Law 103-251] (signed May 16, 1994)
S.J. Res. 150--
Joint resolution to designate the week of May 2 through May 8, 1994, as
``Public Service Recognition Week''.
Passed Senate, [10MR]
Received in House and referred to the Committee on Post Office and
Civil Service, [11MR]
Committee discharged. Passed House, [21AP]
Presented to the President (April 29, 1994)
Approved [Public Law 103-246] (signed May 4, 1994)
S.J. Res. 151--
A joint resolution designating the week of April 10 through 16, 1994, as
``Primary Immune Deficiency Awareness Week''.
Passed Senate, [10MR]
Received in House and referred to the Committee on Post Office and
Civil Service, [11MR]
S.J. Res. 153--
A joint resolution to designate the week beginning on November 21, 1993
and ending on November 27, 1993, and the week beginning on November
20, 1994 and ending on November 26, 1994, as ``National Family
Caregivers Week''.
Passed Senate, [24JN]
Received in House and referred to the Committee on Post Office and
Civil Service, [27JN]
Committee discharged. Passed House amended, [5AU]
Senate agreed to House amendments, [12AU]
Presented to the President (August 17, 1994)
Approved [Public Law 103-319] (August 26, 1994)
S.J. Res. 157--
A joint resolution to designate 1994 as ``The Year of Gospel Music''.
Passed Senate, [2AU]
Received in House and referred to the Committee on Post Office and
Civil Service, [3AU]
Committee discharged. Passed House, [30SE]
Presented to the President (October 6, 1997)
Approved [Public Law 103-366] (signed October 14, 1994)
S.J. Res. 161--
A joint resolution to designate April 1994, as ``Civil War History
Month''.
Passed Senate, [19AP]
Received in House and referred to the Committee on Post Office and
Civil Service, [21AP]
S.J. Res. 162--
A joint resolution designating March 25, 1994, as ``Greek Independence
Day-A National Day of Celebration of Greek and American Democracy''.
Passed Senate, [10MR]
Received in House and referred to the Committee on Post Office and
Civil Service, [11MR]
Committee discharged. Passed House, [11MR]
Presented to the President, (March 21, 1994)
Approved [Public Law 103-222] (March 24, 1994), [12JA]
S.J. Res. 163--
A joint resolution to proclaim March 20, 1994, as ``National
Agricultural Day''.
Passed Senate, [10MR]
Received in House and referred to the Committee on Post Office and
Civil Service, [11MR]
Committee discharged. Passed House, [11MR]
Presented to the President (March 21, 1994)
Approved [Public Law 103-223] (signed March 24, 1994)
S.J. Res. 167--
A joint resolution to designate the week of September 12, 1994, through
September 16, 1994, as ``National Gang Violence Prevention Week''.
Passed Senate, [19AU]
Received in House and referred to the Committee on Post Office and
Civil Service, [23AU]
S.J. Res. 168--
A joint resolution designating May 11, 1994, as ``Vietnam Human Rights
Day''.
Passed Senate, [4MY]
Received in House and referred to the Committee on Post Office and
Civil Service, [5MY]
Committee discharged. Passed House amended, [11MY]
Senate agreed to House amendments, [17MY]
Presented to the President, [20MY]
Approved [Public Law 103-258] (May 25, 1994)
S.J. Res. 171--
Joint resolution to designate March 20 through March 26, 1994, as
``Small Family Farm Week.
Passed Senate, [17MR]
Received in House and referred to the Committee on Post Office and
Civil Service, [21MR]
Committee discharged. Passed House, [21MR]
Presented to the President (March 24, 1994)
Approved [Public Law 103-224] (signed March 24, 1994)
S.J. Res. 172--
Joint resolution designating May 30, 1994, through June 6, 1994, as a
``Time for the National Observance of the Fiftieth Anniversary of
World War II.
Passed Senate, [24JN]
Received in House, [27JN]
Passed House amended, [12JY]
Senate agreed to House amendments, [20JY]
Presented to the President (July 22, 1994)
Approved [Public Law 103-291] (signed August 1, 1994)
S.J. Res. 174--
A joint resolution designating April 24 through April 30, 1994 as
``National Crime Victims' Rights Week''.
Passed Senate, [19AP]
Received in House and referred to the Committee on Post Office and
Civil Service, [21AP]
S.J. Res. 175--
A joint resolution to designate the week beginning June 13, 1994, as
``National Parkinson Disease Awareness Week''.
Passed Senate, [15JN]
Received in House and referred to the Committee on Post Office and
Civil Service, [16JN]
S.J. Res. 178--
A joint resolution to proclaim the week of October 16 through October
22, 1994, as ``National Character Counts Week''.
Passed Senate, [24JN]
Received in House and referred to the Committee on Post Office and
Civil Service, [27JN]
Committee discharged. Passed House, [5AU]
Presented to the President (August 10, 1994)
Approved [Public Law 103-301] (signed August 19, 1994)
S.J. Res. 179--
A joint resolution to designate the week of June 12 through 19, 1994, as
``National Men's Health Week''.
Passed Senate, [26MR]
Received in House and referred to the Committee on Post Office and
Civil Service, [12AP]
Committee discharged. Passed House, [24MY]
Presented to the President (May 26, 1994)
Approved [Public Law 103-264] (signed May 31, 1994)
S.J. Res. 180--
A joint resolution to provide for the appointment of an executive
secretary for the United States Capitol Preservation Commission, and
for other purposes.
Passed Senate, [14AP]
Received in House, [14AP]
Referred to the Committee on Natural Resources, [7OC]
S.J. Res. 181--
A joint resolution to designate the week of May 8, 1994, through May 14,
1994, as ``United Negro College Fund Week''.
Passed Senate, [6OC]
Received in House and referred jointly to the Committees on Post
Office and Civil Service; Education and Labor, [7OC]
S.J. Res. 185--
A joint resolution to designate October 1994 as ``National Breast Cancer
Awareness Month''.
Passed Senate, [12AU]
Received in House and referred to the Committee on Post Office and
Civil Service, [16AU]
Committee discharged. Passed House, [30SE]
Presented to the President (October 6, 1994)
Approved [Public Law 103-367] (October 14, 1994)
S.J. Res. 186--
A joint resolution to designate February 2, 1995, and February 1, 1996,
as ``National Women and Girls in Sports Day''.
Passed Senate, [7OC]
Received in House and referred to the Committee on Post Office and
Civil Service, [29NO]
[[Page 2692]]
S.J. Res. 187--
A joint resolution designating July 16 through July 24, 1994, as
``National Apollo Anniversary Observance''.
Passed Senate, [24JN]
Received in House and referred to the Committee on Post Office and
Civil Service, [27JN]
Committee discharged. Passed House, [12JY]
Presented to the President (July 14, 1994)
Approved [Public Law 103-278] (signed July 20, 1994)
S.J. Res. 188--
A joint resolution to designate 1995 the ``Year of the Girl Child''.
Passed Senate, [6OC]
Received in House, [7OC]
S.J. Res. 190--
A joint resolution to designate May 15, 1994, as ``National Peace
Officers Memorial Day''.
Passed Senate, [12MY]
Received in House and referred to the Committee on Post Office and
Civil Service, [16MY]
S.J. Res. 192--
A joint resolution to designate October 1994 as ``Crime Prevention
Month''.
Passed Senate, [12AU]
Received in House, [16AU]
S.J. Res. 194--
A joint resolution to designate the second week of August, 1994, and the
second week of August, 1995, as ``National U.S. Seafood Week''.
Passed Senate amended, [4AU]
Received in House and referred to the Committee on Post Office and
Civil Service, [5AU]
S.J. Res. 195--
A joint resolution to designate August 1, 1994, as ``Helsinki Human
Rights Day''.
Passed Senate, [25JY]
Received in House and referred jointly to the Committees on Foreign
Affairs; Post Office and Civil Service, [26JY]
Rules suspended. Passed House, [1AU]
Presented to the President (August 3, 1994)
Approved [Public Law 103-294] (signed August 11, 1994)
S.J. Res. 196--
A joint resolution designating September 16, 1994, as ``National POW/MIA
Recognition Day'' and authorizing display of the National League of
Families POW/MIA flag.
Passed Senate, [2AU]
Received in House and referred jointly to the Committees on Post
Office and Civil Service; Veterans' Affairs, [3AU]
Committee discharged. Passed House, [12AU]
Presented to the President (August 17, 1994)
Approved [Public Law 103-320] (signed August 26, 1994)
S.J. Res. 198--
A joint resolution designating 1995 as the ``Year of the Grandparent''.
Passed Senate, [12AU]
Received in House and referred to the Committee on Post Office and
Civil Service, [16AU]
Committee discharged. Passed House, [30SE]
Presented to the President (October 6, 1994)
Approved [Public Law 103-368] (signed October 14, 1994)
S.J. Res. 202--
A joint resolution commemorating June 22, 1994, as the 50th anniversary
of the Servicemen's Readjustment Act of 1944.
Passed Senate, [22JN]
Received in House and referred to the Committee on Post Office and
Civil Service, [23JN]
S.J. Res. 204--
A joint resolution recognizing the American Academy in Rome, an American
overseas center for independent study and advanced research, on the
occasion of the 100th anniversary of its founding.
Passed Senate, [15JY]
Received in House and referred to the Committee on Foreign Affairs,
[19JY]
Rules suspended. Passed House, [8AU]
Presented to the President (signed August 11, 1994)
Approved [Public Law 103-299] (signed August 18, 1994)
S.J. Res. 205--
A joint resolution granting the consent of Congress to the compact to
provide for joint natural resource management and enforcement of
laws and regulations pertaining to natural resources and boating at
the Jennings Randolph Lake Project lying in Garrett County, MD, and
Mineral County, WV, entered into between the States of West Virginia
and Maryland.
Passed Senate, [8OC]
Received in House and referred to the Committee on the Judiciary,
[29NO]
S.J. Res. 208--
A joint resolution designating the week of November 6, 1994, through
November 12, 1994, ``National Health Information Management Week''.
Passed Senate, [6OC]
Received in House and referred to the Committee on Post Office and
Civil Service, [7OC]
S.J. Res. 209--
A joint resolution designating November 21, 1994, as ``National Military
Families Recognition Day''.
Passed Senate, [6OC]
Received in House, [7OC]
S.J. Res. 215--
A joint resolution designating September 5, 1994, Labor Day, as ``Try
American Day''.
Passed Senate, [19AU]
Received in House and referred to the Committee on Post Office and
Civil Service, [23AU]
S.J. Res. 216--
A joint resolution designating the week beginning September 12, 1994, as
``National Hispanic Business Week''.
Passed Senate, [19AU]
Received in House and referred to the Committee on Post Office and
Civil Service, [23AU]
S.J. Res. 218--
A joint resolution designating January 16, 1995, as ``Religious Freedom
Day''.
Passed Senate, [7OC]
Received in House and referred to the Committee on Post Office and
Civil Service, [29NO]
S.J. Res. 219--
A joint resolution to commend the United States rice industry, and for
other purposes.
Passed Senate amended, [8OC]
Received in House and referred to the Committee on Agriculture, [29NO]
S.J. Res. 220--
A joint resolution to designate October 19, 1994, as ``National
Mammography Day''.
Passed Senate, [6OC]
Received in House and passed, [7OC]
Presented to the President (October 17, 1997)
Approved [Public Law 103-370] (signed October 18, 1994)
S.J. Res. 221--
A joint resolution to express the sense of the Congress in commemoration
of the 75th anniversary of Grand Canyon National Park. (omitted in
Record)
Passed Senate, [23SE]
Received in House and referred to the Committee on Natural Resources,
[26SE]
Committee discharged. Passed House, [7OC]
Presented to the President (October 7, 1994)
Approved [Public Law 103-351] (signed October 8, 1994)
S.J. Res. 222--
A joint resolution to designate October 19, 1994, as ``Mercy Otis Warren
Day,'' and for other purposes.
Passed Senate, [8OC]
Received in House and referred to the Committee on Post Office and
Civil Service, [29NO]
S.J. Res. 225--
A joint resolution to designate February 5, 1995, through February 11,
1995, and February 4, 1996, through February 10, 1996, as ``National
Burn Awareness Week''.
Passed Senate, [7OC]
Received in House and referred to the Committee on Post Office and
Civil Service, [29NO]
S.J. Res. 227--
A joint resolution to approve the location of a Thomas Paine Memorial.
Passed Senate, [30SE]
Received in House, [3OC]
Passed House amended, [7OC]
Senate agreed to House amendments, [8OC]
Presented to the President (October 18, 1994)
Approved [Public Law 103-422] (signed October 25, 1994)
S.J. Res. 229--
A joint resolution regarding United States policy toward Haiti.
Passed Senate, [6OC]
Received in House, [6OC]
Passed House (in lieu of H.J. Res. 416), [7OC]
Presented to the President (October 17, 1994)
Approved [Public Law 103-423] (signed October 25, 1994)
[[Page 2693]]
SENATE CONCURRENT RESOLUTIONS
------------------------------------------------------------------------
S. Con. Res. 21--
A concurrent resolution expressing the sense of the Congress that expert
testimony concerning the nature and effect of domestic violence,
including descriptions of the experiences of battered women, should
be admissable if offered in a State court by a defendant in a
criminal case.
Agreed to in the Senate, [8OC]
Received in House and referred to the Committee on the Judiciary,
[29NO]
S. Con. Res. 31--
A concurrent resolution concerning the emancipation of the Iranian
Baha'i community.
Agreed to in the Senate, [17NO]
Received in House, [18NO]
Considered under suspension of the rules, [18AP]
Rules suspended. Agreed to in House, [19AP]
S. Con. Res. 38--
A concurrent resolution to authorize the reprinting of the book entitled
``The United States Capitol--A Brief Architectural History''.
Committee discharged. Agreed to in House amended, [3AU]
Senate agreed to House amendments, [10AU]
S. Con. Res. 39--
A concurrent resolution to authorize the printing of a new annotated
edition of Glenn Brown's ``History of the United States Capitol'',
originally published in two volumes in 1900 and 1903, prepared under
the auspices of the Architect of the Capitol.
Committee discharged. Agreed to in House amended, [3AU]
Senate agreed to House amendments, [10AU]
S. Con. Res. 40--
A concurrent resolution to authorize the printing of the book entitled
``Constantino Brumidi--Artist of the Capitol'', prepared by the
Office of the Architect of the Capitol.
Committee discharged. Agreed to in House amended, [3AU]
Senate agreed to House amendments, [10AU]
S. Con. Res. 41--
A concurrent resolution to authorize the printing of the book entitled
``The Cornerstones of the United States Capitol''.
Committee discharged. Agreed to in House amended, [3AU]
Senate agreed to House amendments, [10AU]
S. Con. Res. 60--
A concurrent resolution expressing the sense of the Congress that a
postage stamp should be issued to honor the 100th anniversary of the
Jewish War Veterans of the United States of America.
Agreed to in the Senate, [11AU]
Received in House, [12AU]
Referred to the Committee on Post Office and Civil Service, [7OC]
S. Con. Res. 66--
A concurrent resolution to recognize and encourage the convening of a
National Silver Haired Congress.
Agreed to in the Senate, [6OC]
Received in House, [7OC]
S. Con. Res. 67--
A concurrent resolution to correct technical errors in the enrollment of
the bill H.R. 2333.
Agreed to in the Senate, [26AP]
Received in House and agreed to, [28AP]
S. Con. Res. 68--
A concurrent resolution to authorize printing of Senator Robert C.
Byrd's Addresses to the United States Senate on the History of Roman
Constitutionalism.
Agreed to in the Senate, [4MY]
Received in House and referred to the Committee on House
Administration, [5MY]
Committee discharged. Agreed to in House, [30JN]
S. Con. Res. 70--
A concurrent resolution providing for a conditional recess or
adjournment of the Senate on Wednesday, May 25, 1994, Thursday, May
26, 1994, Friday, May 27, 1994, or Saturday, May 28, 1994, until
Tuesday, June 7, 1994, and a conditional adjournment of the House on
Thursday, May 26, 1994, until Wednesday, June 8, 1994.
Agreed to in the Senate, [25MY]
Received in House, [25MY]
Agreed to in House, [26MY]
S. Con. Res. 74--
A concurrent resolution concerning the ban on the use of U.S. passports
in Lebanon.
Agreed to in the Senate, [27SE]
Received in House and referred to the Committee on Foreign Affairs,
[28SE]
S. Con. Res. 77--
A concurrent resolution expressing the sense of the Congress regarding
the United States position on the disinsection of aircraft at the
11th meeting of the Facilitation Division of the International Civil
Aviation Organization.
Agreed to in the Senate, [4OC]
Received in House and agreed to, [5OC]
[[Page 2695]]
SENATE RESOLUTIONS
------------------------------------------------------------------------
S. Res. 177--
A resolution informing the President of the United States that a quorum
of each House is assembled.
Agreed to in the Senate, [25JA]
S. Res. 178--
A resolution informing the House of Representatives that a quorum of the
Senate is assembled.
Agreed to in the Senate, [25JA]
S. Res. 200--
A resolution notifying the House of Representatives of the election of a
Secretary of the Senate.
Agreed to in the Senate, [19AP]
S. Res. 202--
A resolution notifying the House of Representatives of the election of a
Sergeant at Arms and Doorkeeper of the Senate.
Agreed to in the Senate, [19AP]
[[Page 2696]]
.
INDEX SUBJECTS
The following list contains broad subject terms that are often used in
the Index to the House Journal. This list is far from comprehensive; it
is provided to give an idea of the types of words that are used to index
topical entries in addition to entries under a Member's name.
Abortion
Advertising
African Americans
Agriculture
Alcoholic beverages
Animals/birds
Antitrust policy/monopolies
Appropriations
Arms control/sales
Arts and humanities
Aviation
Awards, medals, prizes
Bankruptcy
Birth control
Bridges/roads/public works
Budget--U.S.
Business & industry/small business
Capitol Building and Grounds
Capital punishment
Cargo transportation
Cemeteries and funerals
Charities/tax-exempt organizations
Children and youth
Churches and synagogues
Civil liberties/rights
Claims
Coins
Collective bargaining/industrial arbitration
Colleges and universities
Committees of Congress (by title)
Common carriers
Commonwealth of Independent States
Communism
Community service/volunteer workers
Conference reports
Congress/Members of Congress
Conservation of natural resources
Constitution & amendments
Construction industries
Consumers/product safety
Contracts
Corporations
Correctional institutions
Courts/Supreme Court
Credit
Crime
Death and dying
Democracy
Department of Agriculture, etc.
Developing countries
Disasters/earthquakes/floods/hurricanes
Diseases/health
Domestic policy
Drugs
Eastern European countries
Ecology and environment
Economy
Education
Elections
Employment/unemployment
Ethnic groups
Executive communications
Executive departments
Families and domestic relations
Famines/hunger
Federal aid programs
Federal agencies (by title)
Federal employees/whistleblowing
Financial institutions
Firefighters/law enforcement officers
Fire prevention/law enforcement
Firearms
Fish and fishing/marine mammals
Flag--U.S.
Foreign aid
Foreign countries (by name)
Foreign investments
Foreign policy/trade
Foreign travel expenditures
Forests/lumber industry
Fraternal organizations
Geographic areas (see Central America, Latin America, Southeast Asia,
etc.)
Government/Government regulations
Hazardous/radioactive substances
Health care facilities/professionals
Herbicides
Historic sites/history
Holidays (see Special days and holidays)
Homeless
Homosexuality
House of Representatives
Housing
Human rights
Immigration/refugees
Income
Insurance
Intelligence services
Intergovernmental/Federal-State relations
International relations
Investments/securities
Iron and steel industry
Jews
Labeling/packaging
Labor unions
Languages
Libraries
Library of Congress
Literature
Lobbyists
Local government/States
Mathematics
Merchant marine industry
Mining and mineral resources
Minorities
Monuments and memorials
Motor vehicles
Museums
Music and dance
National security
National forests, etc.
National objectives
Native Americans (Eskimos, Hawaiians, Indians)
Natural gas
Natural resources
News media
Newspapers--city (State) paper name
Nuclear energy
Occupational safety and health
Parks and recreation areas
Patents/copyrights/trademarks
Pensions
Petitions and memorials
Petroleum
Political action committees
Political campaigns/ethics/parties
Pollution (air, noise, water)
Population
Postage and stamps
Poverty
Power resources
President of the United States
Presidential appointments
Public buildings
Public debt
Public documents
Public welfare programs
Racial relations
Radio/television
Railroads
Real estate
Recycling
Refuse/sewage disposal
Religion
Research
Rivers/harbors/waterways
Rural/suburban/urban areas
Safety
Schools
Science
Secretary of Agriculture, etc.
Senior citizens
Shipping industry
Ships and vessels
Social customs
Social Security
Solar energy
Sound recording and reproducing
Space policy
Special days and holidays
Sports
Strategic materials
Synthetic fuels
Tariff
Taxation
Technology
Telecommunications
Territories--U.S.
Terrorism
Textile industry and fabrics
Tobacco products
Transportation
Treaties and agreements
Trucking industry
United Nations
Veterans
Votes in House
Wars and conflicts (by name)
Water
Weapons (biological, chemical, nuclear)
Weather/climate
Weights and measures/metric system
Wetlands
Wilderness areas
Women
[[Page 2697]]
.
HOUSE INDEX
ABERCROMBIE, NEIL (a Representative from Hawaii)
Appointments
Conferee: S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
AB-ORIGINAL (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 3806) [3FE]
ABORTION
Appointments
Conferees: S. 636, Freedom of Access to Clinic Entrances Act
[17MR]
Bills and resolutions
Civil liberties: outline constitutional protections of unborn
persons (see H.J. Res. 394) [28JY]
Health care facilities: access to clinic entrances (S. 636),
request conference with the Senate (see H. Res. 374) [2MR]
------access to clinic entrances (S. 636), waiving points of order
against conference report (see H. Res. 417) [4MY]
Motions
Health care facilities: access to clinic entrances (S. 636) [17MR]
------access to clinic entrances (S. 636), conference report [5MY]
Reports by conference committees
Freedom of Access to Clinic Entrances Act (S. 636) [2MY]
Reports filed
Freedom of Access to Clinic Entrances Act: committee of conference
(S. 636) (H. Rept. 103-488) [2MY]
Request Conference With Senate on S. 636, Freedom of Access to
Clinic Entrances Act: Committee on Rules (House) (H. Res. 374)
(H. Rept. 103-427) [2MR]
Waiving Points of Order Against Conference Report on S. 636,
Freedom of Access to Clinic Entrances Act: Committee on Rules
(House) (H. Res. 417) (H. Rept. 103-493) [4MY]
ACKERMAN, GARY L. (a Representative from New York)
Appointments
Conferee: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 2739, Airport and Airway Improvement Act appropriations
[26JY]
Bills and resolutions introduced by
Burma: imprisonment of Aung San Suu Kyi (see H. Res. 471) [29JN]
Credit cards: limit unauthorized use by discouraging theft of
cards that are mailed (see H.R. 4039) [16MR]
Diseases: disclosure of HIV status of newborn infants to the legal
guardians (see H.R. 4507) [26MY]
Long Island Rail Road Co.: labor-management dispute (see H.J. Res.
379) [17JN]
Terrorism: condemn attacks relative to Middle East peace
agreements (see H. Res. 490, 496) [26JY] [28JY]
Vietnam: progress relative to POW/MIA personnel and democracy
efforts (see H. Con. Res. 278) [5AU]
ACQUIRED IMMUNE DEFICIENCY SYNDROME
see Diseases
ADMINISTRATIVE CONFERENCE OF THE U.S.
Bills and resolutions
Extend (see H.R. 4490) [25MY]
Reports filed
Administrative Conference of the U.S. Extension: Committee on the
Judiciary (House) (H.R. 4490) (H. Rept. 103-854) [7OC]
ADMINISTRATIVE OFFICE, U.S. COURTS
see Courts
ADVISORY COUNCIL ON UNEMPLOYMENT COMPENSATION
Appointments
Members [12AP]
AEROSOL PROPELLANTS
see Ecology and Environment
AFRICA
Bills and resolutions
Rwanda: U.S. policy on humanitarian and political plight (see H.
Res. 453) [13JN]
Reports filed
Foreign Aid Assistance to Promote Peaceful Resolution of Conflicts
in Africa: Committee on Foreign Affairs (House) (H.R. 4541)
(H. Rept. 103-723) [19SE]
AFRICAN AMERICANS
Bills and resolutions
Capitol Building and Grounds: provide for the placement of a
statue honoring African-American recipients of the
Congressional Medal of Honor (see H. Con. Res. 207) [10FE]
Children and youth: provide grants to local governments and
community-based organizations for mentor programs (see H.R.
4186) [13AP]
Colleges and universities: eliminate segregationist language from
certain laws relative to funding of State universities (see
H.R. 5310) [29NO]
Commission on Civil Rights: activities (see H.R. 4999) [19AU]
Courts: prevent racially discriminatory capital sentencing (see
H.R. 4017) [11MR]
Families and domestic relations: strengthen and preserve families
and develop parental education programs (see H.R. 4187) [13AP]
Federal Coordinating Council on Community Safety and Empowerment:
establish (see H.R. 4185) [13AP]
National Black History Month: designate (see H.J. Res. 313) [1FE]
Public Health Service: improve health of minorities (see H.R.
3896) [24FE]
Social Security: require nondiscrimination policies for State
hospitals and nursing facilities receiving funds (see H.R.
5104, 5105) [26SE]
States: prohibit intentional creation of legislative districts
based on the race, color, national origin, or language of
voters within such districts (see H.R. 4637) [23JN]
Reports filed
Commission on Civil Rights Management Activities: Committee on the
Judiciary (House) (H.R. 4999) (H. Rept. 103-775) [3OC]
Racially Discriminatory Capital Sentencing: Committee on the
Judiciary (House) (H.R. 4017) (H. Rept. 103-458) [24MR]
AGED
see Senior Citizens
AGRICULTURAL ADJUSTMENT ACT
Bills and resolutions
Tobacco products: revise the reserve stock level for burley
tobacco (see H.R. 3824) [9FE]
AGRICULTURAL COMMODITIES
see Agriculture
AGRICULTURE
related term(s) Food; Rural Areas
Appointments
Conferees: H.R. 4554, agriculture, rural development, FDA, and
related agencies programs appropriations [13SE]
Bills and resolutions
Agriculture, rural development, FDA, and related agencies
programs: making appropriations (H.R. 4554), return amendment
to Senate (see H. Res. 518) [12AU]
Commodities: authorize use to promote market development (see H.R.
5234) [6OC]
Conservation reserve program: extend (see H.R. 3894) [24FE]
Consolidated Farm and Rural Development Act: technical corrections
(see H.R. 5065) [20SE]
Crop insurance: reform program (H.R. 4217), concur in Senate
amendment with an amendment (see H. Res. 559) [3OC]
------reform program (H.R. 4217), consideration (see H. Res. 507)
[4AU]
Dairy products: establish a reserve fund to reimburse milk
producers for certain losses (see H.R. 4134) [24MR]
Dept. of Agriculture: repeal the Market Promotion Program (see
H.R. 3772) [2FE]
Disasters: emergency crop loss assistance for production losses
incurred through hurricane or typhoon damage to papaya,
banana, or other fruit-bearing trees (see H.R. 3829) [9FE]
Ecology and environment: development of programs to encourage
source-separated composting at homes, schools, and businesses
(see H.R. 5267) [7OC]
Feeding programs: require nutrient fortification of commodities
(see H.R. 5171) [4OC]
Food industry: coordinate recommendations for improvements of meat
and poultry inspection programs (see H.R. 4562) [9JN]
------regulation of labeling terms for poultry (see H.R. 4839)
[27JY]
Foreign trade: export subsidies for durum wheat (see H.R. 5142)
[30SE]
ITC: monitoring of tomato and pepper imports (see H.R. 4794)
[19JY]
Meat, Poultry, and Eggs Inspection Agency: establish (see H.R.
3751) [26JA]
Milk: content and prices (see H.R. 4923) [9AU]
Perishable Agriculture Commodities Act: imposition of fees for
violations (see H.R. 4581) [15JN]
Taxation: one-time exclusion of gain from the sale of farmland to
a beginning farmer (see H.R. 5014) [21AU]
------treatment of crop insurance and disaster payments and the
luxury automobile excise tax (see H.R. 4634) [23JN]
------treatment of crop insurance proceeds and disaster payments
(see H.R. 5109) [27SE]
Tobacco products: revise the reserve stock level for burley
tobacco (see H.R. 3824) [9FE]
Wetlands reserve program: extend (see H.R. 3894) [24FE]
Messages
Imports of Honey From the People's Republic of China: President
Clinton [21AP]
NAFTA Implementation: President Clinton [6OC]
Motions
Agriculture, rural development, FDA, and related agencies
programs: making appropriations (H.R. 4554) [17JN] [13SE]
------making appropriations (H.R. 4554), conference report [23SE]
Dept. of Agriculture: reorganization (S. 1970) [28SE]
Research: protection of new varieties of plants (S. 1406) [12AU]
Reports by conference committees
Agriculture, Rural Development, FDA, and Related Agencies
Appropriations (H.R. 4554) [20SE]
Reports filed
Agriculture, Rural Development, FDA, and Related Agencies
Appropriations: Committee on Appropriations (House) (H.R.
4554) (H. Rept. 103-542) [9JN]
[[Page 2698]]
------committee of conference (H. Rept. 103-734) [20SE]
Belle Fourche Irrigation Project Expansion: Committee on Natural
Resources (House) (H.R. 4439) (H. Rept. 103-787) [3OC]
Consideration of H.R. 3171, Dept. of Agriculture Reorganization:
Committee on Rules (House) (H. Res. 544) (H. Rept. 103-744)
[23SE]
Consideration of H.R. 4217, Federal Crop Insurance Reform Act:
Committee on Rules (House) (H. Res. 507) (H. Rept. 103-666)
[4AU]
Consideration of H.R. 4554, Agriculture, Rural Development, FDA,
and Related Agencies Programs Appropriations: Committee on
Rules (House) (H. Res. 455) (H. Rept. 103-548) [15JN]
Dept. of Agriculture Reorganization: Committee on Agriculture
(House) (H.R. 3171) (H. Rept. 103-714) [23AU] [21SE]
Exemption of Triple Base Acreage From Certain Highly Erodible Land
and Wetland Conservation Regulations: committee of conference
(H.R. 1587) (H. Rept. 103-712) [21AU]
Federal Crop Insurance Reform Act: Committee on Agriculture
(House) (H.R. 4217) (H. Rept. 103-649) [1AU]
Improving the Management of the FmHA Single-Family Housing
Portfolio Through Centralized Servicing and Mortgage
Escrowing: Committee on Government Operations (House) (H.
Rept. 103-609) [19JY]
Minor Crop Protection Act: Committee on Agriculture (House) (H.R.
967) (H. Rept. 103-784) [3OC]
Northern Great Plains Rural Development Commission: Committee on
Agriculture (House) (S. 2099) (H. Rept. 103-700) [12AU]
Vegetable Ink Printing Act: Committee on Government Operations
(House) (S. 716) (H. Rept. 103-625) [28JY]
AIDS
see Diseases
AIR FORCE
see Department of Defense
AIR PIRACY
see Terrorism
AIR POLLUTION
related term(s) Clean Air Act; Ecology and Environment; Pollution
Appointments
National Urban Air Toxics Research Center [22JY]
Bills and resolutions
Clean Air Act: application of certain requirements (see H.R. 4952)
[12AU]
------area redesignation and motor vehicle inspection and
maintenance programs (see H.R. 5304) [29NO]
------repeal amendments (see H.R. 5217) [6OC]
------selective inspection and maintenance programs as part of
State implementation plans (see H. Con. Res. 309) [6OC]
------State implementation plans (see H.R. 4951, 4953) [12AU]
Military installations: transfer of air emission credits from
closures to redevelopment authority (see H.R. 4182) [13AP]
Motor vehicles: provide Federal assistance for compliance with
inspection and maintenance requirements and employee trip
reduction requirements under the Clean Air Act (see H.R. 5205)
[6OC]
Ozone: repeal certain Clean Air Act stratospheric ozone protection
provisions (see H.R. 5216) [6OC]
Reports filed
National Program To Reduce Indoor Air Contaminants: Committee on
Energy and Commerce (House) (H.R. 2919) (H. Rept. 103-719)
[13SE]
AIRCRAFT
see Airlines, Airports, and Aeronautics; Cargo Transportation; Common
Carriers
AIRLINES, AIRPORTS, AND AERONAUTICS
Appointments
Conferees: H.R. 2739, Airport and Airway Improvement Act
appropriations [26JY] [27JY]
Bills and resolutions
Aircraft: exemption from customs fees for certain small aircraft
traveling short distances (see H.R. 4117) [23MR]
Arlington, TX: flying of aircraft over The Ballpark in Arlington
(see H.R. 4985) [18AU]
Dallas/Fort Worth Airport, TX: adjust designation of controlled
airspace (see H.R. 5182) [5OC]
Dept. of Defense: terminate C-17 aircraft program and use
nondevelopmental aircrafts to meet strategic airlift
requirements (see H.R. 4331) [3MY]
FAA: establish an air traffic control system as an independent
Government corporation (see H.R. 5209) [6OC]
------establish as an independent agency (see H.R. 5274) [7OC]
Foreign countries: discourage the practice of disinsection of
aircraft while passengers are aboard (see H. Con. Res. 307)
[5OC]
Safety: improve air carrier safety (see H.R. 5305) [29NO]
Transportation: establish a National Transportation System (see
H.R. 4305) [28AP]
Wilderness areas: landing of aircraft in areas under special
circumstances (see H.R. 4826) [25JY]
Reports by conference committees
Airport and Airway Improvement Act Appropriations (H.R. 2739)
[5AU]
Reports filed
Airport and Airway Improvement Act Appropriations: committee of
conference (H.R. 2739) (H. Rept. 103-677) [5AU]
Dayton Aviation Heritage Preservation Act Amendments: Committee on
Natural Resources (House) (H.R. 3559) (H. Rept. 103-808) [3OC]
General Aviation Revitalization Act: Committee on Public Works and
Transportation (House) (S. 1458) (H. Rept. 103-525) [24MY]
------Committee on the Judiciary (House) (S. 1458) (H. Rept. 103-
525) [24JN]
Prohibit Smoking on All Airline Flights: Committee on Public Works
and Transportation (House) (H.R. 4495) (H. Rept. 103-771)
[3OC]
AIRPORT AND AIRWAY IMPROVEMENT ACT
Appointments
Conferees: H.R. 2739, appropriations [26JY] [27JY]
Reports by conference committees
Appropriations (H.R. 2739) [5AU]
Reports filed
Appropriations: committee of conference (H.R. 2739) (H. Rept. 103-
677) [5AU]
AIRPORTS
see Airlines, Airports, and Aeronautics
ALASKA
Bills and resolutions
Alaska Native Claims Settlement Act: repurchase plan of native
corporation stock (see H.R. 4665) [28JN]
Fishing: regulate in certain waters (see H.R. 4943) [11AU]
Native Americans: preserve the traditional lifeways in certain
Alaska Native villages (see H. Con. Res. 266) [14JY]
Messages
Alaska's Mineral Resources Report: President Clinton [22FE]
Reports filed
Alaska Native Claims Settlement Act Amendments: Committee on
Natural Resources (House) (H.R. 3612) (H. Rept. 103-805) [3OC]
------Committee on Natural Resources (House) (H.R. 4665) (H. Rept.
103-798) [3OC]
Aleutian and Pribilof Restitution Act Appropriations: Committee on
the Judiciary (House) (S. 1457) (H. Rept. 103-833) [4OC]
Central Council of Tlingit and Haida Indian Tribes of Alaska
Receipt of Services From the Bureau of Indian Affairs:
Committee on Natural Resources (House) (S. 1784) (H. Rept.
103-800) [3OC]
Congressional Recognition Status of Indian Tribes and Alaska
Native Groups: Committee on Natural Resources (House) (H.R.
4180) (H. Rept. 103-781) [3OC]
Kenai Natives Association Correction of Land Entitlement
Inequities: Committee on Natural Resources (House) (H.R. 3613)
(H. Rept. 103-822) [3OC]
ALASKA NATIVE CLAIMS SETTLEMENT ACT
Bills and resolutions
Native corporations: stock repurchase plan (see H.R. 4665) [28JN]
Reports filed
Amendments: Committee on Natural Resources (House) (H.R. 3612) (H.
Rept. 103-805) [3OC]
------Committee on Natural Resources (House) (H.R. 4665) (H. Rept.
103-798) [3OC]
ALCOHOLIC BEVERAGES
Bills and resolutions
Alcohol Awareness Month: designate (see H.J. Res. 335) [10MR]
Firearms: prohibit the sale of firearms or ammunition to an
intoxicated person (see H.R. 3852) [10FE]
Health: inclusion of mental health and substance abuse benefits in
health care reform (see H.R. 4376) [10MY]
Public housing: exclude drug or alcohol abusers from occupancy of
units designated for senior citizens (see H.R. 3943) [2MR]
Taxation: alcoholic beverages (see H.R. 4376) [10MY]
ALCOHOLISM
see Diseases
ALEUTIAN AND PRIBILOF RESTITUTION ACT
Reports filed
Appropriations: Committee on the Judiciary (House) (S. 1457) (H.
Rept. 103-833) [4OC]
ALIENS
see Immigration; Refugees
ALIENTO (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 4029) [11MR]
ALLARD, WAYNE (a Representative from Colorado)
Appointments
Conferee: H.R. 3841, Interstate Banking Efficiency Act [12MY]
Bills and resolutions introduced by
Health: budgetary treatment of national health care reform (see
H.R. 3876; H. Con. Res. 201) [2FE] [23FE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
ALLISON, DAVEY
Bills and resolutions
Davey Allison Remembrance Day: designate (see H.J. Res. 309)
[26JA]
ALZHEIMER'S DISEASE
see Diseases
AMERICAN PRISONERS OF WAR AND MISSING IN ACTION
see Missing in Action; Prisoners of War
AMERICAN SAMOA
Bills and resolutions
Territories: application of tariff provisions to the Virgin
Islands, Guam, and American Samoa (see H.R. 4380, 4628) [10MY]
[22JN]
------self-government relative to development of articles of
incorporation with the Federal Government (see H.R. 4442)
[17MY]
AMERICAN VICTORY (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 4383) [10MY]
AMERICANISM
see Patriotism
AMTRAK
Bills and resolutions
Appropriations: authorizing (see H.R. 4111) [22MR]
------eliminate funding for certain expenses for pedestrian
bridges (see H.R. 4773) [14JY]
Reports filed
Appropriations: Committee on Energy and Commerce (House) (H.R.
4111) (H. Rept. 103-698) [11AU]
ANDERSON, DONNALD K.
Appointments
House of Representatives Child Care Center Advisory Board [17MR]
ANDREWS, MICHAEL A. (a Representative from Texas)
Bills and resolutions introduced by
Children and youth: improve child support system (see H.R. 3892)
[24FE]
Correctional institutions: expand capacity of State facilities and
improve prison programs (see H.R. 3721) [25JA]
Employment: provide incentives for job apprenticeship programs and
study the consolidation of Federal dislocated worker programs
(see H.R. 3736) [26JA]
Federal employees: promote equitable pay practices (see H.R. 3738)
[26JA]
Taxation: credits for individuals who rehabilitate or purchase
historic homes (see H.R. 5249) [7OC]
[[Page 2699]]
------encourage preservation of Civil War battlefields (see H.R.
4823) [25JY]
Walt Disney Co.: proposed theme park in Virginia (see H. Con. Res.
255) [16JN]
ANDREWS, ROBERT E. (a Representative from New Jersey)
Appointments
Committee for the Funeral of Dean A. Gallo [15SE]
Conferee: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------S. 2000, Head Start, LIHEAP, Community Development Block
Grant Program, and Coordinated Services for Children, Youth,
and Families reauthorization [28AP]
Bills and resolutions introduced by
Agriculture: export subsidies for durum wheat (see H.R. 5142; H.
Con. Res. 271) [25JY] [30SE]
Child support: improve collection system (see H.R. 5180) [5OC]
Colleges and universities: substitute educational quality
evaluations for cohort default rates in eligibility
determinations for Federal student assistance programs (see
H.R. 4384) [11MY]
Dept. of State: passport denials to noncustodial parents subject
to State arrest warrants for nonpayment of child support (see
H.R. 5175) [4OC]
Flag--U.S.: display at half-mast on Government buildings on
December 7 in remembrance of the Armed Forces who served at
Pearl Harbor (see H.J. Res. 308) [26JA]
Multiple Sclerosis Association of America Month: designate (see
H.J. Res. 381) [21JN]
Public welfare programs: reform (see H.R. 4667) [28JN]
Tajikistan: promote resolution of conflict and respect for human
rights (see H. Con. Res. 214, 302) [3MR] [30SE]
Women: constitutional amendment to ensure equal rights (see H.
Res. 432) [23MY]
ANDREWS, THOMAS H. (a Representative from Maine)
Bills and resolutions introduced by
Coast Guard: maintenance of vessels in foreign shipyards (see H.R.
4666) [28JN]
Gulf of Maine: establish council to coordinate marine research,
economic development, fisheries management, and environmental
protection (see H.R. 4640) [23JN]
ANGOLA, PEOPLE'S REPUBLIC OF
Messages
National Emergency Relative to Angola: President Clinton [12AP]
[17AU] [20SE]
ANIMALS
related term(s) Wildlife
Bills and resolutions
Agriculture: require nutrient fortification of commodities
provided for feeding programs (see H.R. 5171) [4OC]
Endangered species: conservation of threatened and endangered
species (see H.R. 3978) [8MR]
------economic impact analyses relative to certain protective
actions (see H.R. 3997) [10MR]
Marine Mammal Protection Act: extend certain provisions (see H.R.
4123) [23MR]
Reports filed
Conservation of Rhinoceros and Tigers: Committee on Merchant
Marine and Fisheries (House) (H.R. 4924) (H. Rept. 103-748)
[26SE]
Marine Mammal Protection Act Reauthorization: Committee on
Merchant Marine and Fisheries (House) (H.R. 2760) (H. Rept.
103-439) [21MR]
ANTITRUST POLICY
related term(s) Monopolies
Reports filed
Antitrust Exemption Applicable to the Insurance Industry:
Committee on the Judiciary (House) (H.R. 9) (H. Rept. 103-853)
[7OC]
Antitrust Reform Act: Committee on Energy and Commerce (House)
(H.R. 3626) (H. Rept. 103-559) [24JN]
------Committee on the Judiciary (House) (H.R. 3626) (H. Rept.
103-559) [24JN]
Application of Antitrust Laws to Major League Baseball Players'
Strike: Committee on the Judiciary (House) (H.R. 4994) (H.
Rept. 103-871) [29NO]
International Antitrust Enforcement Assistance Act: Committee on
the Judiciary (House) (H.R. 4781) (H. Rept. 103-772) [3OC]
ANTITRUST REFORM ACT
Reports filed
Provisions: Committee on Energy and Commerce (House) (H.R. 3626)
(H. Rept. 103-559) [24JN]
------Committee on the Judiciary (House) (H.R. 3626) (H. Rept.
103-559) [24JN]
APPLEGATE, DOUGLAS (a Representative from Ohio)
Appointments
Conferee: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Federal employees: annuity formula computation for early retirees
due to a force reduction (see H.R. 4214) [14AP]
Taxation: exclude strike benefits from gross income adjustments
(see H.R. 3942) [2MR]
APPROPRIATIONS
Appointments
Conferees: H.R. 6, education programs appropriations [20SE] [21SE]
------H.R. 820, National Competitiveness Act [19JY] [25JY]
------H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP] [19AP]
------H.R. 2739, Airport and Airway Improvement Act appropriations
[26JY] [27JY]
------H.R. 3759, making supplemental appropriations [10FE]
------H.R. 4299, intelligence services appropriations [13SE]
------H.R. 4426, foreign operations, export financing, and related
programs appropriations [28JY]
------H.R. 4453, military construction appropriations [26JY]
------H.R. 4454, legislative branch of the Government
appropriations [28JN]
------H.R. 4539, Dept. of the Treasury, Postal Service, Executive
Office of the President, and independent agencies
appropriations [16AU]
------H.R. 4554, agriculture, rural development, FDA, and related
agencies programs appropriations [13SE]
------H.R. 4556, Dept. of Transportation and related agencies
appropriations [20SE]
------H.R. 4602, Dept. of the Interior and related agencies
appropriations [13SE]
------H.R. 4606, Depts. of Labor, HHS, Education, and related
agencies appropriations [13SE]
------H.R. 4624, Depts. of Veterans Affairs, HUD, and sundry
independent agencies appropriations [17AU]
------H.R. 4649, District of Columbia appropriations [28JY]
------H.R. 4650, Dept. of Defense appropriations [13SE]
------S. 2000, Head Start, LIHEAP, Community Development Block
Grant Program, and Coordinated Services for Children, Youth,
and Families reauthorization [28AP]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions
Agriculture, rural development, FDA, and related agencies
programs: making appropriations (H.R. 4554), return amendment
to Senate (see H. Res. 518) [12AU]
Amtrak: authorizing appropriations (see H.R. 4111) [22MR]
Budget: discretionary spending limits, consideration (see H. Res.
459) [21JN]
------reduce Dept. of Defense appropriations by a certain
percentage for 1996 (see H. Con. Res. 305) [3OC]
------reform of baseline budgeting, consideration of rescissions,
use of spending cuts for deficit reduction, and treatment of
emergency designation in legislation (see H.R. 4907) [5AU]
------reform of baseline budgeting, consideration of rescissions,
use of spending cuts for deficit reduction, and treatment of
emergency designation in legislation (H.R. 4907),
consideration (see H. Res. 512) [9AU]
------setting forth the Federal budget for 1995-99 (see H. Con.
Res. 218) [8MR]
------setting forth the Federal budget for 1995-99 (H. Con. Res.
218), consideration (see H. Res. 384) [9MR]
Colleges and universities: eliminate segregationist language from
certain laws relative to funding of State universities (see
H.R. 5310) [29NO]
Concurrent resolutions: program specificity in consideration (see
H.R. 4678) [29JN]
Congress: applicability of extraneous matter rule in budget
reconciliation legislation (see H.R. 4780) [19JY]
------limit consideration of nonemergency matters in emergency
legislation (see H.R. 4906) [5AU]
------limit consideration of nonemergency matters in emergency
legislation (H.R. 4906), consideration (see H. Res. 513) [9AU]
Constitutional amendments: line-item veto (see H.J. Res. 321)
[9FE]
Dept. of Defense: allied burden sharing for maintenance and
operation of military personnel and installations in foreign
countries (see H.R. 5129) [29SE]
------amend appropriations legislation relative to the Bonneville
Lock and Dam (see H.R. 5241) [7OC]
------authorizing appropriations (H.R. 4301), consideration (see
H. Res. 431) [20MY]
------making appropriations (see H.R. 4650) [27JN]
------making appropriations (H.R. 4650), consideration (see H.
Res. 469) [29JN]
------promote public participation in defense environmental
restoration (see H.R. 4334) [3MY]
Dept. of Education: reduce increase in grants to State and local
education agencies (see H.R. 3725) [25JA]
Dept. of Energy: authorize hydrogen and fusion research and
development programs, and nuclear and high energy physics
programs (H.R. 4908), consideration (see H. Res. 515) [10AU]
------reductions in spending at or through certain facilities (see
H.R. 4706) [30JN]
Dept. of the Interior and related agencies: making appropriations
(see H.R. 4602) [17JN]
------making appropriations (H.R. 4602), consideration (see H.
Res. 458) [21JN]
------making appropriations (H.R. 4602), consideration of
conference report (see H. Res. 547) [26SE]
Dept. of the Treasury, Postal Service, Executive Office of the
President, and independent agencies: making appropriations
(H.R. 4539), Senate amendments (see H. Res. 479) [14JY]
------making appropriations (H.R. 4539), consideration (see H.
Res. 447) [8JN]
------making appropriations (H.R. 4539), consideration of
conference report (see H. Res. 537) [21SE]
Dept. of Transportation and related agencies: making
appropriations (H.R. 4556), consideration (see H. Res. 454)
[14JN]
Depts. of Veterans Affairs, HUD, and sundry independent agencies:
authorizing appropriations (see H.R. 4624) [22JN]
District of Columbia: making appropriations (H.R. 4649),
consideration (see H. Res. 466) [28JN]
Education: authorizing appropriations for certain programs (H.R.
6), consideration of conference report (see H. Res. 556)
[29SE]
Energy and water development: making appropriations (see H.R.
4506) [26MY]
Federal aid programs: reauthorization of Head Start, LIHEAP,
Community Development Block Grant Program, and Coordinated
Services for Children, Youth, and Families (S. 2000),
consideration of conference report (see H. Res. 421) [11MY]
Foreign operations, export financing, and related programs: making
appropriations (H.R. 4426), consideration (see H. Res. 441,
443) [24MY] [25MY]
Government: close appropriation accounts available for an
indefinite period (see H.R. 5237) [6OC]
House of Representatives: purchase of House calendars (see H.R.
3779) [2FE]
------require rollcall votes on passage of appropriations,
revenue, or public debt limit legislation (see H. Res. 511)
[8AU]
[[Page 2700]]
House Rules: limit appropriations for office salaries and expenses
(see H. Res. 365) [22FE]
Immigration: authorizing appropriations for refugee and entrant
assistance (see H.R. 4176) [12AP]
Intelligence services: authorizing appropriations (H.R. 4299),
consideration (see H. Res. 468) [28JN]
------authorizing appropriations (H.R. 4299), consideration of
conference report (see H. Res. 555) [29SE]
------identification of construction projects in budget
submissions and authorization of such projects (see H.R. 4940)
[11AU]
Legislative branch of the Government: making appropriations (see
H.R. 4454) [19MY]
------making appropriations (H.R. 4454), consideration (see H.
Res. 444) [25MY]
------making appropriations (H.R. 4454), consideration of
conference report (see H. Res. 470) [29JN]
LSC: authorizing appropriations (see H.R. 4508) [26MY]
Marine Mammal Protection Act: authorizing appropriations (S.
1636), Senate amendments (see H. Res. 412) [26AP]
Merchant marine industry: authorize appropriations for certain
maritime programs and revitalize U.S.-flag merchant marine
(H.R. 4003), consideration (see H. Res. 500) [1AU]
NTSB: authorizing appropriations (H.R. 2440), concur to Senate
amendment with an amendment (see H. Res. 558) [3OC]
Pennsylvania Avenue Development Corp.: authorizing appropriations
and development of plan for orderly dissolution (see H.R.
5096) [23SE]
Power resources: reauthorize weatherization programs
appropriations (see H.R. 4751) [13JY]
Public Works and Economic Development Act: reauthorizing
appropriations (H.R. 2442), consideration (see H. Res. 420)
[5MY]
Roads and highways: funding for highway demonstration projects
(see H.R. 3781) [2FE]
Small business: authorization for programs (see H.R. 4172) [12AP]
------authorize appropriations for loans to concerns detrimentally
affected by defense reductions (see H.R. 4026) [11MR]
------loans for businesses affected by defense reductions (see
H.R. 4174) [12AP]
Supplemental: making (see H.R. 3759) [2FE]
Technology-Related Assistance for Individuals With Disabilities
Act: authorizing appropriations (H.R. 2339), agree to Senate
amendment (see H. Res. 351) [8FE]
Messages
District of Columbia Budget Request: President Clinton [4MY]
Inventory of the Federal Funds Distributed to Public
Telecommunication Entities by Federal Departments and
Agencies: President Clinton [18MY]
Motions
Agriculture, rural development, FDA, and related agencies
programs: making appropriations (H.R. 4554) [17JN] [13SE]
------making appropriations (H.R. 4554), conference report [23SE]
Budget: establish direct spending targets (H.R. 4604) [21JY]
------setting forth the Federal budget for 1995-99 (H. Con. Res.
218) [14AP]
Commission on Civil Rights: reauthorize (S. 2372) [3OC]
Dept. of Commerce: authorizing appropriations for the Technology
Administration and the National Institute of Standards and
Technology (H.R. 820) [19JY] [27SE] [28SE]
Dept. of Defense: authorizing appropriations (H.R. 4301) [24MY]
[9JN]
------making appropriations (H.R. 4650) [13SE]
Dept. of State, USIA, and related agencies: authorizing
appropriations (H.R. 2333) [18AP]
------authorizing appropriations (H.R. 2333), conference report
[28AP]
Dept. of the Interior and related agencies: making appropriations
(H.R. 4602) [23JN] [13SE] [27SE]
Dept. of the Treasury, Postal Service, Executive Office of the
President, and independent agencies: making appropriations
(H.R. 4539) [15JN] [16AU] [19SE]
------making appropriations (H.R. 4539), conference report [22SE]
[27SE]
Dept. of Transportation and related agencies: making
appropriations (H.R. 4556) [20SE]
Depts. of Commerce, Justice, and State, the Judiciary, and related
agencies: authorizing appropriations (H.R. 4603) [27JN] [10AU]
Depts. of Labor, HHS, Education, and related agencies: making
appropriations (H.R. 4606) [29JN] [13SE]
------making appropriations (H.R. 4606), conference report [22SE]
Depts. of Veterans Affairs, HUD, and sundry independent agencies:
authorizing appropriations (H.R. 4624) [29JN]
------authorizing appropriations (H.R. 4624), conference report
[12SE]
District of Columbia: making appropriations (H.R. 4649) [13JY]
[28JY]
------making appropriations (H.R. 4649), conference report [8AU]
Education: authorizing appropriations for certain programs (H.R.
6) [20SE]
------authorizing appropriations for certain programs (H.R. 6),
conference report [30SE]
Energy and water development: making appropriations (H.R. 4506),
conference report [1AU] [10AU]
Federal aid programs: reauthorization of Head Start, LIHEAP,
Community Development Block Grant Program, and Coordinated
Services for Children, Youth, and Families (S. 2000) [28AP]
Foreign operations, export financing, and related programs: making
appropriations (H.R. 4426) [25MY] [28JY]
Legislative branch of the Government: making appropriations (H.R.
4454) [26MY] [28JN]
Merchant marine industry: authorize appropriations for certain
maritime programs and revitalize U.S.-flag merchant marine
(H.R. 4003) [2AU]
Military construction: making appropriations (H.R. 4453) [24MY]
------making appropriations (H.R. 4453), conference report [1AU]
National defense: authorizing appropriations for Dept. of Defense
and Dept. of Energy defense activities (S. 2182) [25JY]
Supplemental: making (H.R. 3759) [3FE] [10FE]
Reports by conference committees
Agriculture, Rural Development, FDA, and Related Agencies
Appropriations (H.R. 4554) [20SE]
Airport and Airway Improvement Act Appropriations (H.R. 2739)
[5AU]
Dept. of Defense and Dept. of Energy Defense Activities
Appropriations (S. 2182) [12AU]
Dept. of Defense Appropriations (H.R. 4650) [26SE]
Dept. of State, USIA, and Related Agencies Appropriations (H.R.
2333) [26AP]
Dept. of the Interior and Related Agencies Appropriations (H.R.
4602) [22SE]
Dept. of the Treasury, Postal Service, Executive Office of the
President, and Independent Agencies Appropriations (H.R. 4539)
[20SE] [22SE]
Dept. of Transportation and Related Agencies Appropriations (H.R.
4556) [26SE]
Depts. of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations (H.R. 4603) [16AU]
Depts. of Labor, HHS, Education, and Related Agencies
Appropriations (H.R. 4606) [20SE]
Depts. of Veterans Affairs, HUD, and Sundry Independent Agencies
Appropriations (H.R. 4624) [26AU]
District of Columbia Appropriations (H.R. 4649) [4AU]
Education Programs Appropriations (H.R. 6) [28SE]
Energy and Water Development Appropriations (H.R. 4506) [4AU]
Foreign Operations, Export Financing, and Related Programs
Appropriations (H.R. 4426) [1AU]
FTC Appropriations (H.R. 2243) [21JY]
Head Start, LIHEAP, Community Development Block Grant Program, and
Coordinated Services for Children, Youth, and Families
Reauthorization (S. 2000) [9MY]
Intelligence Services Appropriations (H.R. 4299) [27SE]
Legislative Branch of the Government Appropriations (H.R. 4454)
[28JN]
Military Construction Appropriations (H.R. 4453) [27JY]
Setting Forth the Federal Budget for 1995-99 (H. Con. Res. 218)
[4MY]
Supplemental Appropriations (H.R. 3759) [11FE]
Reports filed
Agriculture, Rural Development, FDA, and Related Agencies
Appropriations: Committee on Appropriations (House) (H.R.
4554) (H. Rept. 103-542) [9JN]
------committee of conference (H. Rept. 103-734) [20SE]
Airport and Airway Improvement Act Appropriations: committee of
conference (H.R. 2739) (H. Rept. 103-677) [5AU]
Aleutian and Pribilof Restitution Act Appropriations: Committee on
the Judiciary (House) (S. 1457) (H. Rept. 103-833) [4OC]
Amtrak Appropriations: Committee on Energy and Commerce (House)
(H.R. 4111) (H. Rept. 103-698) [11AU]
Baseline Budgeting, Rescissions, Spending Cuts for Deficit
Reduction, and Emergency Designation in Federal Budget
Legislation: Committee on Rules (House) (H.R. 4907) (H. Rept.
103-688) [9AU]
Budget Control Act: Committee on Rules (House) (H.R. 4604) (H.
Rept. 103-602) [14JY]
Coast Guard Appropriations: Committee on Merchant Marine and
Fisheries (House) (H.R. 4422) (H. Rept. 103-706) [16AU]
Coastal Heritage Trail Route: Committee on Natural Resources
(House) (S. 1574) (H. Rept. 103-443) [21MR]
Consideration of Conference Report on H.R. 6, Education Programs
Appropriations: Committee on Rules (House) (H. Res. 556) (H.
Rept. 103-767) [29SE]
Consideration of Conference Report on H.R. 4299, Intelligence
Services Appropriations: Committee on Rules (House) (H. Res.
555) (H. Rept. 103-766) [29SE]
Consideration of Conference Report on H.R. 4426, Foreign
Operations, Export Financing, and Related Programs
Appropriations: Committee on Rules (House) (H. Res. 504) (H.
Rept. 103-657) [3AU]
Consideration of Conference Report on H.R. 4454, Legislative
Branch of the Government Appropriations: Committee on Rules
(House) (H. Res. 470) (H. Rept. 103-569) [29JN]
Consideration of Conference Report on H.R. 4539, Dept. of the
Treasury, Postal Service, Executive Office of the President,
and Independent Agencies Appropriations: Committee on Rules
(House) (H. Res. 537) (H. Rept. 103-736) [21SE]
Consideration of Conference Report on H.R. 4602, Dept. of the
Interior and Related Agencies Appropriations: Committee on
Rules (House) (H. Res. 547) (H. Rept. 103-749) [26SE]
Consideration of Conference Report on H.R. 4603, Depts. of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations: Committee on Rules (House) (H. Res.
523) (H. Rept. 103-709) [17AU]
Consideration of Conference Report on H.R. 4650, Dept. of Defense
Appropriations: Committee on Rules (House) (H. Res. 554) (H.
Rept. 103-759) [28SE]
Consideration of Conference Report on S. 2000, Reauthorization of
Certain Federal Aid Programs: Committee on Rules (House) (H.
Res. 421) (H. Rept. 103-502) [11MY]
Consideration of Conference Report on S. 2182, Dept. of Defense
and Dept. of Energy Defense Activities Appropriations:
Committee on Rules (House) (H. Res. 521) (H. Rept. 103-705)
[16AU]
Consideration of H. Con. Res. 218, Setting Forth the Federal
Budget for 1995-99: Committee on Rules (House) (H. Res. 384)
(H. Rept. 103-429) [9MR]
Consideration of H.R. 6, Education Programs Appropriations:
Committee on Rules (House) (H. Res. 366) (H. Rept. 103-426)
[23FE]
Consideration of H.R. 2442, Public Works and Economic Development
Act Reauthorization: Committee
[[Page 2701]]
on Rules (House) (H. Res. 420) (H. Rept. 103-495) [5MY]
Consideration of H.R. 3759, Supplemental Appropriations: Committee
on Rules (House) (H. Res. 336) (H. Rept. 103-416) [2FE]
Consideration of H.R. 4003, Maritime Administration and
Promotional Reform Act: Committee on Rules (House) (H. Res.
500) (H. Rept. 103-646) [1AU]
Consideration of H.R. 4008, NOAA Appropriations: Committee on
Rules (House) (H. Res. 542) (H. Rept. 103-742) [23SE]
Consideration of H.R. 4299, Intelligence Services Appropriations:
Committee on Rules (House) (H. Res. 468) (H. Rept. 103-566)
[28JN]
Consideration of H.R. 4301, Dept. of Defense Appropriations:
Committee on Rules (House) (H. Res. 429) (H. Rept. 103-509)
[17MY]
------Committee on Rules (House) (H. Res. 431) (H. Rept. 103-520)
[20MY]
Consideration of H.R. 4422, Coast Guard Appropriations: Committee
on Rules (House) (H. Res. 535) (H. Rept. 103-535) [20SE]
Consideration of H.R. 4426, Foreign Operations, Export Financing,
and Related Programs Appropriations: Committee on Rules
(House) (H. Res. 441) (H. Rept. 103-529) [24MY]
------Committee on Rules (House) (H. Res. 443) (H. Rept. 103-530)
[25MY]
Consideration of H.R. 4453, Military Construction Appropriations:
Committee on Rules (House) (H. Res. 433) (H. Rept. 103-523)
[23MY]
Consideration of H.R. 4454, Legislative Branch Appropriations:
Committee on Rules (House) (H. Res. 444) (H. Rept. 103-532)
[25MY]
Consideration of H.R. 4506, Energy and Water Development
Appropriations: Committee on Rules (House) (H. Res. 449) (H.
Rept. 103-540) [9JN]
Consideration of H.R. 4539, Dept. of the Treasury, Postal Service,
Executive Office of the President, and Independent Agencies
Appropriations: Committee on Rules (House) (H. Res. 447) (H.
Rept. 103-537) [8JN]
Consideration of H.R. 4554, Agriculture, Rural Development, FDA,
and Related Agencies Programs Appropriations: Committee on
Rules (House) (H. Res. 455) (H. Rept. 103-548) [15JN]
Consideration of H.R. 4556, Dept. of Transportation and Related
Agencies Appropriations: Committee on Rules (House) (H. Res.
454) (H. Rept. 103-546) [14JN]
Consideration of H.R. 4602, Dept. of the Interior and Related
Agencies Appropriations: Committee on Rules (House) (H. Res.
458) (H. Rept. 103-554) [21JN]
Consideration of H.R. 4603, Depts. of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations:
Committee on Rules (House) (H. Res. 461) (H. Rept. 103-556)
[22JN]
Consideration of H.R. 4604, Establish Direct Federal Budget
Spending Targets: Committee on Rules (House) (H. Res. 484) (H.
Rept. 103-614) [20JY]
Consideration of H.R. 4624, Depts. of Veterans Affairs, HUD, and
Sundry Independent Agencies Appropriations: Committee on Rules
(House) (H. Res. 465) (H. Rept. 103-563) [27JN]
Consideration of H.R. 4649, District of Columbia Appropriations:
Committee on Rules (House) (H. Res. 466) (H. Rept. 103-564)
[28JN]
Consideration of H.R. 4650, Dept. of Defense Appropriations:
Committee on Rules (House) (H. Res. 469) (H. Rept. 103-568)
[29JN]
Consideration of H.R. 4906, Limit Consideration of Nonemergency
Matters in Emergency Legislation: Committee on Rules (House)
(H. Res. 513) (H. Rept. 103-690) [9AU]
Consideration of H.R. 4907, Baseline Budgeting, Rescissions,
Spending Cuts for Deficit Reduction, and Emergency Designation
in Budget Legislation: Committee on Rules (House) (H. Res.
512) (H. Rept. 103-689) [9AU]
Consideration of H.R. 4908, Hydrogen and Fusion Research and
Development Programs, and Nuclear and High Energy Physics
Programs Authorization: Committee on Rules (House) (H. Res.
515) (H. Rept. 103-695) [10AU]
Corinth, MS, Civil War Battlefield Interpretive Center
Appropriations: Committee on Natural Resources (House) (S.
986) (H. Rept. 103-813) [3OC]
Dept. of Commerce Patent and Trademark Office Appropriations:
Committee on the Judiciary (House) (H.R. 4608) (H. Rept. 103-
777) [3OC]
Dept. of Defense and Dept. of Energy Defense Activities
Appropriations: committee of conference (S. 2182) [12AU]
Dept. of Defense Appropriations: committee of conference (H.R.
4650) (H. Rept. 103-747) [26SE]
------Committee on Appropriations (House) (H.R. 4650) (H. Rept.
103-562) [27JN]
------Committee on Armed Services (House) (H.R. 4301) (H. Rept.
103-499) [10MY]
Dept. of HUD Supplemental Appropriations: Committee on
Appropriations (House) (H.R. 4568) (H. Rept. 103-550) [17JN]
Dept. of State, USIA, and related agencies appropriations:
committee of conference (H.R. 2333) (H. Rept. 103-482) [25AP]
Dept. of the Interior and Related Agencies Appropriations:
Committee on Appropriations (House) (H.R. 4602) (H. Rept. 103-
551) [17JN]
------committee of conference (H. Rept. 103-740) [22SE]
Dept. of the Treasury, Postal Service, Executive Office of the
President, and Independent Agencies Appropriations: Committee
on Appropriations (House) (H.R. 4539) (H. Rept. 103-534)
[26MY] [9JN]
------committee of conference (H.R. 4539) (H. Rept. 103-729)
[20SE]
------committee of conference (H.R. 4539) (H. Rept. 103-741)
[22SE]
Dept. of Transportation and Related Agencies Appropriations:
Committee on Appropriations (House) (H.R. 4556) (H. Rept. 103-
543) [9JN] [13JN]
------committee of conference (H.R. 4556) (H. Rept. 103-752)
[26SE]
Depts. of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations: committee of conference (H.R. 4603)
(H. Rept. 103-708) [16AU]
------Committee on Appropriations (House) (H.R. 4603) (H. Rept.
103-552) [21JN]
Depts. of Labor, HHS, Education, and Related Agencies
Appropriations: committee of conference (H.R. 4606) (H. Rept.
103-733) [20SE]
------Committee on Appropriations (House) (H.R. 4606) (H. Rept.
103-553) [21JN]
Depts. of Veterans Affairs, HUD, and Sundry Independent Agencies
Appropriations: Committee on Appropriations (House) (H.R.
4624) (H. Rept. 103-555) [22JN]
District of Columbia Appropriations: committee of conference (H.R.
4649) (H. Rept. 103-671) [4AU]
------Committee on Appropriations (House) (H.R. 4649) (H. Rept.
103-558) [24JN]
Education Programs Appropriations: committee of conference (H.R.
6) (H. Rept. 103-761) [28SE]
------Committee on Education and Labor (House) (H.R. 6) (H. Rept.
103-425) [22FE]
Emergency Supplemental Appropriations: Committee on Appropriations
(House) (H.R. 3759) [1FE]
Energy and Water Development Appropriations: committee of
conference (H.R. 4506) (H. Rept. 103-672) [4AU]
------Committee on Appropriations (House) (H.R. 4506) (H. Rept.
103-533) [26MY]
FCC Appropriations: Committee on Energy and Commerce (House) (H.R.
4522) (H. Rept. 103-844) [6OC]
Foreign Aid Assistance to Promote Peaceful Resolution of Conflicts
in Africa: Committee on Foreign Affairs (House) (H.R. 4541)
(H. Rept. 103-723) [19SE]
Foreign Operations, Export Financing, and Related Programs
Appropriations: Committee on Appropriations (House) (H.R.
4426) (H. Rept. 103-524) [23MY]
------committee of conference (H.R. 4426) (H. Rept. 103-633) [1AU]
FTC Appropriations: committee of conference (H.R. 2243) (H. Rept.
103-617) [21JY]
Head Start, LIHEAP, Community Development Block Grant Program, and
Coordinated Services for Children, Youth, and Families
Reauthorization: committee of conference (S. 2000) (H. Rept.
103-497) [9MY]
Head Start Program and Community Development Block Grant Program
Reauthorization: Committee on Education and Labor (House)
(H.R. 4250) (H. Rept. 103-483) [26AP]
Hydrogen and Fusion Research and Development Programs, and Nuclear
and High Energy Physics Programs Authorization: Committee on
Science, Space, and Technology (House) (H.R. 4908) (H. Rept.
103-674) [5AU]
Intelligence Services Appropriations: committee of conference
(H.R. 4299) (H. Rept. 103-753) [27SE]
Junior Duck Stamp Conservation Program Appropriations: Committee
on Merchant Marine and Fisheries (House) (H.R. 3679) (H. Rept.
103-521) [23MY]
Legislative Branch of the Government Appropriations: committee of
conference (H.R. 4454) (H. Rept. 103-567) [28JN]
------Committee on Appropriations (House) (H.R. 4454) (H. Rept.
103-517) [19MY]
Limit Consideration of Nonemergency Matters in Emergency
Legislation: Committee on Rules (House) (H.R. 4906) (H. Rept.
103-687) [9AU]
Making Supplemental Appropriations: committee of conference (H.R.
3759) (H. Rept. 103-424) [11FE]
Maritime Programs Appropriations and Revitalization of U.S.-Flag
Merchant Marine: Committee on Ways and Means (House) (H.R.
4003) (H. Rept. 103-544) [29JY]
Martin Luther King, Jr., Federal Holiday Commission and Establish
Martin Luther King, Jr., Day as Day of National Community
Service: Committee on Post Office and Civil Service (House)
(H.R. 1933) (H. Rept. 103-418) [7FE]
Military Construction Appropriations: committee of conference
(H.R. 4453) (H. Rept. 103-624) [27JY]
------Committee on Appropriations (House) (H.R. 4453) (H. Rept.
103-516) [19MY]
NASA Appropriations: Committee on Science, Space, and Technology
(House) (H.R. 4489) (H. Rept. 103-654) [3AU]
NOAA Appropriations: Committee on Science, Space, and Technology
(House) (H.R. 4008) (H. Rept. 103-583) [29JY]
NSF Appropriations: Committee on Rules (House) (H.R. 3254) (H.
Rept. 103-485) [28AP]
------Committee on Science, Space, and Technology (House) (H.R.
3254) (H. Rept. 103-475) [13AP]
Office of Government Ethics Appropriations: Committee on Post
Office and Civil Service (House) (H.R. 2289) (H. Rept. 103-
785) [3OC]
------Committee on the Judiciary (House) (H.R. 2289) (H. Rept.
103-785) [7OC]
Panama Canal Operation and Maintenance Appropriations: Committee
on Merchant Marine and Fisheries (House) (H.R. 4246) (H. Rept.
103-526) [24MY]
Pennsylvania Avenue Development Corp. Appropriations and
Development of Plan for Orderly Dissolution: Committee on
Natural Resources (House) (H.R. 5096) (H. Rept. 103-794) [3OC]
Public Works and Economic Development Act Appropriations:
Committee on Public Works and Transportation (House) (H.R.
2442) (H. Rept. 103-423) [10FE]
Public Works and Economic Development Act Reauthorization:
Committee on Banking, Finance and Urban Affairs (House) (H.R.
2442) (H. Rept. 103-423) [26AP]
Revised Subdivision of Budget Totals: Committee on Appropriations
(House) (H. Rept. 103-505) [12MY]
------Committee on Appropriations (House) (H. Rept. 103-549)
[16JN]
------Committee on Appropriations (House) (H. Rept. 103-664) [4AU]
------Committee on Appropriations (House) (H. Rept. 103-665) [4AU]
------Committee on Appropriations (House) (H. Rept. 103-735)
[21SE]
Setting Forth the Federal Budget for 1995-99: Committee on the
Budget (House) (H. Con. Res. 218) [8MR]
[[Page 2702]]
------committee of conference (H. Con. Res. 218) (H. Rept. 103-
490) [4MY]
Small Business Development Company Program Appropriations:
Committee on Small Business (House) (H.R. 4322) (H. Rept. 103-
572) [30JN]
Waiving Points of Order Against Conference Report on H. Con. Res.
218, Setting Forth the Federal Budget for 1995-99: Committee
on Rules (House) (H. Res. 418) (H. Rept. 103-494) [4MY]
Weatherization Programs Appropriations: Committee on Energy and
Commerce (House) (H.R. 4751) (H. Rept. 103-662) [3AU]
ARAB COUNTRIES
related term(s) Middle East
Bills and resolutions
Middle East Development Initiative: establish (see H.R. 3818)
[8FE]
Motions
Iraq: adjudication of claims (H.R. 3221) [28AP]
Reports filed
Consideration of H.R. 3221, Adjudication of Claims Against Iraq:
Committee on Rules (House) (H. Res. 410) (H. Rept. 103-481)
[21AP]
ARCHAEOLOGY
Bills and resolutions
Research: provide for the study of certain prehistoric resources
(see H.R. 4871) [1AU]
Reports filed
Designate the Chaco Culture Archaeological Protection Sites:
Committee on Natural Resources (House) (H.R. 1562) (H. Rept.
103-678) [8AU]
ARCHER, BILL (a Representative from Texas)
Appointments
Conferee: H.R. 6, education programs appropriations [20SE]
------H.R. 2739, Airport and Airway Improvement Act appropriations
[26JY]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------H.R. 4277, establish Social Security Administration as an
independent agency [21JN]
------H.R. 4278, Social Security Domestic Employment Reform Act
[21JN]
------S. 1569, Minority Health Improvement Act [26SE]
Bills and resolutions introduced by
Immigration: curtail illegal and impose ceiling on legal
immigration (see H.R. 4934) [10AU]
Taxation: capital gains rates and indexing of certain assets (see
H.R. 3739) [26JA]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
ARCTIC REGIONS
Messages
Arctic Research Policy Biennial Report: President Clinton [2MR]
Reports filed
Ocean Radioactive Dumping Ban Act: Committee on Merchant Marine
and Fisheries (House) (H.R. 3982) (H. Rept. 103-522) [23MY]
ARIZONA
Bills and resolutions
Lakes: eliminate the maximum daily diversion restriction relative
to pumping of water from Lake Powell (see H.R. 5025) [12SE]
Old Spanish Trail: designate as a component of the National Trails
System (see H.R. 4524) [26MY]
San Carlos Apache Tribe Water Rights Settlement Act: extend
deadline for completing certain actions (see H.R. 4870) [1AU]
Walnut Canyon National Monument: boundaries (see H.R. 4697) [30JN]
Reports filed
Eliminate the Maximum Daily Diversion Restriction Relative to
Pumping of Water From Lake Powell, AZ: Committee on Natural
Resources (House) (H.R. 5025) (H. Rept. 103-802) [3OC]
Resolution of Arizona Land Claims: Committee on Natural Resources
(House) (S. 1233) (H. Rept. 103-773) [3OC]
------Committee on the Judiciary (House) (S. 1233) (H. Rept. 103-
773) [3OC]
Saguaro National Monument Protection Act: Committee on Natural
Resources (House) (S. 316) (H. Rept. 103-815) [3OC]
Walnut Canyon National Monument Boundaries: Committee on Natural
Resources (House) (H.R. 4697) (H. Rept. 103-799) [3OC]
Yavapai-Prescott Indian Tribe Water Rights Settlement Act:
Committee on Natural Resources (House) (S. 1146) (H. Rept.
103-812) [3OC]
ARKANSAS
Bills and resolutions
Corning National Fish Hatchery: conveyance (see H.R. 4253) [19AP]
Dept. of the Interior: conveyance of William H. Donham State Fish
Hatchery (see H.R. 4082) [17MR]
Reports filed
Conveyance of the Corning National Fish Hatchery to Arkansas:
Committee on Merchant Marine and Fisheries (House) (H.R. 4253)
(H. Rept. 103-586) [12JY]
ARLINGTON, TX
Bills and resolutions
Sports: flying of aircraft over The Ballpark in Arlington (see
H.R. 4985) [18AU]
ARMED FORCES
see Department of Defense
ARMEY, RICHARD K. (a Representative from Texas)
Bills and resolutions introduced by
Agriculture: price supports for peanuts (see H.R. 3846) [10FE]
Government: reduce power and reach of Federal Government (see H.R.
4585) [16JN]
Taxation: substantiation requirements of charitable contributions
(see H.R. 3871) [22FE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
ARMS CONTROL
Messages
Nuclear Non-Proliferation Act: President Clinton [17MY]
ARMY
see Department of Defense
ARSON
see Crime
ARSON PREVENTION ACT
Bills and resolutions
Enact (H.R. 1727), Senate amendments (see H. Res. 413) [26AP]
ARTS AND HUMANITIES
related term(s) Literature
Appointments
American Folklife Center Board of Trustees [29NO]
Bills and resolutions
Library of Congress: protection of books and materials (see H.R.
4248) [19AP]
National Decorative Painting Month: designate (see H.J. Res. 338)
[16MR]
National Tap Dance Day: designate (see H.J. Res. 370) [25MY]
Messages
National Endowment for the Humanities Report: President Clinton
[18MY]
Reports filed
Kansas and Missouri Metropolitan Culture District Compact:
Committee on the Judiciary (House) (H.R. 4896) (H. Rept. 103-
774) [3OC]
Transfer Operating Responsibilities for the Kennedy Center for the
Performing Arts to the Board of Trustees: Committee on Natural
Resources (House) (H.R. 3567) (H. Rept. 103-453) [9MY]
------Committee on Public Works and Transportation (House) (H.R.
3567) (H. Rept. 103-453) [24MR]
ASIA
Bills and resolutions
Pakistan: U.S. policy on suspected involvement with terrorism,
drug trafficking, and nuclear weapons (see H. Res. 541) [22SE]
ATLANTIC STRIPED BASS CONSERVATION ACT
Reports filed
Amendments: Committee on Merchant Marine and Fisheries (House)
(H.R. 4504) (H. Rept. 103-584) [12JY]
ATLANTIS III (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 5058) [19SE]
ATOMIC ENERGY
see Nuclear Energy
AUTHORS
see Literature
AUTOMOBILES
see Motor Vehicles
AVIATION
see Airlines, Airports, and Aeronautics
AWARDS, MEDALS, PRIZES
Bills and resolutions
Capitol Building and Grounds: provide for the placement of a
statue honoring African-American recipients of the
Congressional Medal of Honor (see H. Con. Res. 207) [10FE]
NASA: tribute to military branch astronauts who performed missions
to the Moon (see H. Con. Res. 312) [6OC]
Taxation: treatment of national service educational awards (see
H.R. 4106) [22MR]
Vela, Rudolph S.: waive certain time restrictions relative to
awarding of the Medal of Honor (see H.R. 3891) [23FE]
Reports filed
Penalties for the Illegal Sale of Medals of Honor: Committee on
the Judiciary (House) (H.R. 5102) (H. Rept. 103-786) [3OC]
BACCHUS, JIM (a Representative from Florida)
Appointments
Conferee: H.R. 3474, Community Development, Credit Enhancement,
and Regulatory Improvement Act [21AP]
Bills and resolutions introduced by
Canaveral National Seashore: authorize entrance fees (see H.R.
3893) [24FE]
National Flood Insurance Program: improve (see H.R. 4052) [16MR]
Tariff: reliquidation of certain entries (see H.R. 5206) [6OC]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
BACHUS, SPENCER T., III (a Representative from Alabama)
Bills and resolutions introduced by
Claude Harris, Jr., Veterans' Medical Center Building, Tuscaloosa,
AL: designate (see H.R. 4948) [12AU]
Consumers: include notification of taxpayer financing in Federal
consumer information publications (see H.R. 5010) [21AU]
Dept. of HHS: funding of Federal Disability Insurance Trust Fund
(see H.J. Res. 319) [8FE]
RTC: require competitive procedures for procuring property and
services (see H.R. 5251) [7OC]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
BAESLER, SCOTTY (a Representative from Kentucky)
Appointments
Committee for the Funeral of William H. Natcher [15SE]
Conferee: S. 2000, Head Start, LIHEAP, Community Development Block
Grant Program, and Coordinated Services for Children, Youth,
and Families reauthorization [28AP]
Bills and resolutions introduced by
Rural areas: establish rural development strategy (see H.R. 5086)
[23SE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
BAKER, RICHARD H. (a Representative from Louisiana)
Appointments
Conferee: S. 2060, amend Small Business Act [21SE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
BAKER, WILLIAM P. (a Representative from California)
Appointments
Conferee: H.R. 820, National Competitiveness Act [19JY]
[[Page 2703]]
Bills and resolutions introduced by
Health: ensure equal coverage of children under family class
enrollment plans in health care reform (see H.R. 4829) [26JY]
Taxation: apply exclusion of gain from sale of a principal
residence relative to catastrophic illness (see H.R. 5207)
[6OC]
------tax credits for businesses with telecommuting centers or
employees working in home offices (see H.R. 3923) [1MR]
------treatment of retirement savings deductions and individual
retirement account deductions for nonemployed spouses (see
H.R. 4215) [14AP]
Transportation: temporarily direct fuel tax revenues to highway
trust fund, and apply toward disaster area transportation
needs (see H.R. 3755) [1FE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
California: designate certain desert lands as wilderness (S. 21)
[4OC]
------establish Death Valley and Joshua Tree National Parks and
Mojave National Monument (S. 21) [4OC]
BALLAST WATER MANAGEMENT ACT
Reports filed
Provisions: Committee on Merchant Marine and Fisheries (House)
(H.R. 3360) (H. Rept. 103-440) [21MR]
BALLENGER, CASS (a Representative from North Carolina)
Appointments
Conferee: H.R. 6, education programs appropriations [20SE]
------H.R. 1804, Goals 2000--Educate America Act [23FE] [11MR]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
Bills and resolutions introduced by
Christiani, Alfredo: tribute to efforts toward peace and national
reconciliation in El Salvador (see H. Con. Res. 286) [17AU]
Disabled: improve educational achievement, increase parental
involvement in educational process, and establish dispute
mediation procedures (see H.R. 4928) [10AU]
District of Columbia: disapprove action of city council relative
to protection of displaced workers (see H.J. Res. 345) [24MR]
------repeal the Displaced Workers Protection Act (see H.R. 4337)
[4MY]
Health: Federal standards for malpractice claims (see H.R. 5253)
[7OC]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
BANK HOLDING COMPANY ACT
Bills and resolutions
Financial institutions: treatment of U.S. banks by foreign
countries (see H.R. 4926) [9AU]
BANKRUPTCY
Bills and resolutions
Courts: designate certain retired bankruptcy and magistrate judges
as senior judges (see H.R. 4154) [24MR]
------limit value of certain real and personal property relative
to exemptions under State or local laws (see H.R. 4493) [25MY]
Families and domestic relations: status of child support and
alimony payments and responsibility for marital debts in
divorce or separation agreements (see H.R. 4711) [30JN]
Small business: eligibility of small business investment companies
to file bankruptcy (see H.R. 4140) [24MR]
Reports filed
Bankruptcy Reform Act: Committee on the Judiciary (House) (H.R.
5116) (H. Rept. 103-835) [4OC]
BANKRUPTCY REFORM ACT
Reports filed
Provisions: Committee on the Judiciary (House) (H.R. 5116) (H.
Rept. 103-835) [4OC]
BANKS
see Financial Institutions
BARCA, PETER W. (a Representative from Wisconsin)
Bills and resolutions introduced by
Agriculture: milk content and prices (see H.R. 4923) [9AU]
Dept. of Defense: allied burden sharing for maintenance and
operation of military personnel and installations in foreign
countries (see H.R. 5129) [29SE]
Federal-State relations: reduce State and local costs due to
unfunded Federal mandates (see H.R. 4127) [24MR]
Health: ensure availability of extemporaneous compounding in
health care reform for the provision of allergen-free
medication (see H. Con. Res. 273) [26JY]
North/South Center (organization): cancel Federal funding (see
H.R. 4893) [3AU]
Public welfare programs: authorize waivers allowing a limited
amount of earnings relative to eligibility for assistance (see
H.R. 5011) [21AU]
------establish uniform standards of need for AFDC (see H.R. 3823)
[9FE]
Trucking industry: violence against truckers (see H. Con. Res.
228) [21MR]
BARCIA, JAMES A. (a Representative from Michigan)
Bills and resolutions introduced by
Taxation: excise tax on arrows (see H.R. 4901) [4AU]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
BARLOW, THOMAS J., III (a Representative from Kentucky)
Appointments
Committee for the Funeral of William H. Natcher [15SE]
Bills and resolutions introduced by
Parks and recreation areas: imposition of certain fees for use of
developed recreation sites and facilities (see H.R. 4014)
[11MR]
Taxation: treatment of certain education savings accounts (see
H.R. 3722) [25JA]
BARRETT, BILL (a Representative from Nebraska)
Appointments
Conferee: H.R. 1804, Goals 2000--Educate America Act [23FE] [11MR]
------S. 2000, Head Start, LIHEAP, Community Development Block
Grant Program, and Coordinated Services for Children, Youth,
and Families reauthorization [28AP]
Bills and resolutions introduced by
Armed Forces: treatment of time as hostages in Iran after seizure
of U.S. Embassy as POW (see H.R. 4938) [11AU]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
BARRETT, THOMAS M. (a Representative from Wisconsin)
Bills and resolutions introduced by
Crime Prevention Month: designate (see H.J. Res. 363) [4MY]
Federal aid programs: assistance for employment relocation
activities (see H.R. 4996) [19AU]
House of Representatives: official travel requirements (see H.R.
5293) [29NO]
Taxation: treatment of health insurance costs of self-employed
individuals (see H.R. 5111) [27SE]
BARTLETT, ROSCOE G. (a Representative from Maryland)
Appointments
Conferee: H.R. 820, National Competitiveness Act [19JY]
Bills and resolutions introduced by
Congress: application of certain employment, health, and safety
laws and rights (see H.R. 4444) [18MY]
Dept. of Energy Laboratory Facilities Commission: establish (see
H.R. 4247) [19AP]
GATT: budget cuts to compensate for decreased tariff revenues
relative to implementation (see H. Res. 462) [22JN]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
BARTON, JOE (a Representative from Texas)
Appointments
Committee for the Funeral of Dean A. Gallo [15SE]
Conferee: H.R. 3474, Community Development, Credit Enhancement,
and Regulatory Improvement Act [21AP]
Bills and resolutions introduced by
Amtrak: establish limitations on wage continuation and severance
benefits for employees displaced by a discontinuance of
service (see H.R. 5208) [6OC]
Arlington, TX: flying of aircraft over The Ballpark in Arlington
(see H.R. 4985) [18AU]
Clean Air Act: selective inspection and maintenance programs as
part of State implementation plans (see H. Con. Res. 309)
[6OC]
Dallas/Fort Worth Airport, TX: adjust designation of controlled
airspace (see H.R. 5182) [5OC]
FAA: establish an air traffic control system as an independent
Government corporation (see H.R. 5209) [6OC]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
BATEMAN, HERBERT H. (a Representative from Virginia)
Appointments
Conferee: H.R. 3355, Violent Crime Control and Law Enforcement Act
[22JN]
------S. 1587, Federal Acquisition Streamlining Act [4AU]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
George Washington's Birthday ceremonies delegation [10FE]
Bills and resolutions introduced by
Chesapeake Bay: environmental assistance to non-Federal interests
in the watershed area (see H.R. 4320) [2MY]
Firefighters: exempt firefighters and rescue squad workers from
certain provisions of the Fair Labor Standards Act relative to
volunteer work in a professional capacity (see H.R. 3949)
[3MR]
Health care facilities: authorize grants for free health clinics
that serve uninsured individuals (see H.R. 4431) [17MY]
National Defense Reserve Fleet: convey vessel to Mariner's Museum
in Newport News, VA (see H.R. 4622) [22JN]
Washington, George: mint coins in commemoration of boyhood home
(see H.R. 5049) [19SE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
BECERRA, XAVIER (a Representative from California)
Appointments
Conferee: H.R. 6, education programs appropriations [20SE]
------H.R. 820, National Competitiveness Act [19JY]
------H.R. 1804, Goals 2000--Educate America Act [23FE] [11MR]
Bills and resolutions introduced by
Aliens: treatment of criminal aliens (see H.R. 4054) [16MR]
Immigration: expand the scope of unfair immigration-related
employment practices and protections (see H.R. 4053) [16MR]
BEILENSON, ANTHONY C. (a Representative from California)
Appointments
Conferee: H.R. 3345, Federal Workforce Restructuring Act [11MR]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
Bills and resolutions introduced by
Budget: setting forth the Federal budget for 1995-99 (H. Con. Res.
218), waiving points of order against conference report (see
H. Res. 418) [4MY]
California: designate certain desert lands as wilderness (H.R.
518), consideration (see H. Res. 422) [11MY]
------designate certain desert lands as wilderness (S. 21),
consideration of the conference report (see H. Res. 568) [5OC]
[[Page 2704]]
------establish Death Valley and Joshua Tree National Parks and
Mojave National Monument (H.R. 518), consideration (see H.
Res. 422) [11MY]
------establish Death Valley and Joshua Tree National Parks and
Mojave National Monument (S. 21), consideration of the
conference report (see H. Res. 568) [5OC]
------management of the Presidio military facility (H.R. 5231),
consideration (see H. Res. 576) [6OC]
Committee on Rules (House): waiving requirement of super majority
vote clause relative to consideration of certain resolutions
(see H. Res. 356) [9FE]
Dept. of the Treasury, Postal Service, Executive Office of the
President, and independent agencies: making appropriations
(H.R. 4539), consideration (see H. Res. 447) [8JN]
------making appropriations (H.R. 4539), consideration of
conference report (see H. Res. 537) [21SE]
Dept. of Transportation and related agencies: making
appropriations (H.R. 4556), consideration of conference report
(see H. Res. 553) [27SE]
Depts. of Commerce, Justice, and State, the Judiciary, and related
agencies: authorizing appropriations (H.R. 4603),
consideration (see H. Res. 461) [22JN]
------authorizing appropriations (H.R. 4603), consideration of
conference report (see H. Res. 523) [17AU]
Education: authorizing appropriations for certain programs (H.R.
6), consideration (see H. Res. 366) [23FE]
Financial institutions: administrative requirements of insured
depository institutions (H.R. 3474), consideration of
conference report (see H. Res. 506) [3AU]
Immigration: enhanced law enforcement (see H.R. 4015) [11MR]
Intelligence services: authorizing appropriations (H.R. 4299),
consideration (see H. Res. 468) [28JN]
------authorizing appropriations (H.R. 4299), consideration of
conference report (see H. Res. 555) [29SE]
Motor vehicles: bumper standards (see H.R. 4280) [21AP]
National Park Service: reform concessions policies (S. 208),
consideration (see H. Res. 492) [27JY]
Public Works and Economic Development Act: reauthorizing
appropriations (H.R. 2442), consideration (see H. Res. 420)
[5MY]
Reports filed
Consideration of Conference Report on H.R. 3474, Community
Development, Credit Enhancement, and Regulatory Improvement
Act: Committee on Rules (H. Res. 506) (H. Rept. 103-659) [3AU]
Consideration of Conference Report on H.R. 4299, Intelligence
Services Appropriations: Committee on Rules (House) (H. Res.
555) (H. Rept. 103-766) [29SE]
Consideration of Conference Report on H.R. 4539, Dept. of the
Treasury, Postal Service, Executive Office of the President,
and Independent Agencies Appropriations: Committee on Rules
(House) (H. Res. 537) (H. Rept. 103-736) [21SE]
Consideration of Conference Report on H.R. 4556, Dept. of
Transportation and Related Agencies Appropriations: Committee
on Rules (House) (H. Res. 553) (H. Rept. 103-758) [27SE]
Consideration of Conference Report on H.R. 4603, Depts. of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations: Committee on Rules (House) (H. Res.
523) (H. Rept. 103-709) [17AU]
Consideration of Conference Report on S. 21, California Desert
Protection Act: Committee on Rules (H. Res. 568) (H. Rept.
103-839) [5OC]
Consideration of H.R. 6, Education Programs Appropriations:
Committee on Rules (House) (H. Res. 366) (H. Rept. 103-426)
[23FE]
Consideration of H.R. 518, California Desert Protection Act:
Committee on Rules (House) (H. Res. 422) (H. Rept. 103-503)
[11MY]
Consideration of H.R. 2442, Public Works and Economic Development
Act Reauthorization: Committee on Rules (House) (H. Res. 420)
(H. Rept. 103-495) [5MY]
Consideration of H.R. 3759, Supplemental Appropriations: Committee
on Rules (House) (H. Res. 336) (H. Rept. 103-416) [2FE]
Consideration of H.R. 4299, Intelligence Services Appropriations:
Committee on Rules (House) (H. Res. 468) (H. Rept. 103-566)
[28JN]
Consideration of H.R. 4539, Dept. of the Treasury, Postal Service,
Executive Office of the President, and Independent Agencies
Appropriations: Committee on Rules (House) (H. Res. 447) (H.
Rept. 103-537) [8JN]
Consideration of H.R. 4603, Depts. of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations:
Committee on Rules (House) (H. Res. 461) (H. Rept. 103-556)
[22JN]
Consideration of H.R. 5231, Management of the Presidio, CA,
Military Facility: Committee on Rules (House) (H. Res. 576)
(H. Rept. 103-847) [6OC]
Consideration of S. 208, National Park Service Concessions Policy
Reform: Committee on Rules (House) (H. Res. 492) (H. Rept.
103-623) [27JY]
Waiving Points of Order Against Conference Report on H. Con. Res.
218, Setting Forth the Federal Budget for 1995-99: Committee
on Rules (House) (H. Res. 418) (H. Rept. 103-494) [4MY]
Waiving Requirement of Super Majority Vote Clause Relative to
Consideration of Certain Resolutions: Committee on Rules
(House) (H. Res. 356) (H. Rept. 103-421) [9FE]
BELARUS, REPUBLIC OF
related term(s) Commonwealth of Independent States
Messages
Generalized System of Preferences Relative to Belarus and
Uzbekistan: President Clinton [17AU]
BENTLEY, HELEN DELICH (a Representative from Maryland)
Appointments
Committee for the Funeral of Dean A. Gallo [15SE]
Committee for the Funeral of Richard M. Nixon [28AP]
Conferee: H.R. 4453, military construction appropriations [26JY]
------H.R. 4606, Depts. of Labor, HHS, Education, and related
agencies appropriations [13SE]
U.S. Naval Academy Board of Visitors [21JN]
Bills and resolutions introduced by
Courts: require that habeas corpus applications be submitted with
the consent of the person for whom it is intended (see H.R.
4387) [11MY]
Ships and vessels: certificate of documentation for certain
dredging vessels (see H.R. 4295) [21AP]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
BEREUTER, DOUG (a Representative from Nebraska)
Appointments
Conferee: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------H.R. 3841, Interstate Banking Efficiency Act [12MY]
------H.R. 4299, intelligence services appropriations [13SE]
North Atlantic Assembly [25MY]
Bills and resolutions introduced by
Agriculture: extend conservation reserve program and wetlands
reserve program (see H.R. 3894) [24FE]
Credit: require disclosures by credit reporting agencies to the
FBI for counterintelligence purposes (see H.R. 5143) [30SE]
Dept. of Agriculture: repayment of loans made by private lenders
for development of multifamily rental housing for low- and
moderate-income families in rural areas (see H.R. 4445) [18MY]
Eximbank: export of nonlethal defense articles and services (see
H.R. 5165) [4OC]
------finance export of nonlethal defense articles and services
(see H.R. 4455) [19MY]
Germany: withdrawal of U.S. troops from Berlin (see H. Res. 476)
[12JY]
Haiti: U.S. proposal of international conservatorship (see H. Con.
Res. 260) [24JN]
Housing: regulations on public housing agencies (see H.R. 4432)
[17MY]
Public housing: elimination of interim-review procedures in
contracting (see H.R. 4165) [12AP]
Rural areas: establish community rural health networks (see H.R.
4690) [30JN]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
BERMAN, HOWARD L. (a Representative from California)
Appointments
Conferee: H.R. 1804, Goals 2000--Educate America Act [11MR]
------H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 2739, Airport and Airway Improvement Act appropriations
[26JY]
Bills and resolutions introduced by
China, People's Republic of: establish position of U.S. Special
Envoy for Tibet (see H.R. 5254) [7OC]
Dept. of State: technical amendments to the State Department Basic
Authorities Act and the United States Information and
Educational Exchange Act (see H.R. 5034) [13SE]
Disasters: permit extension for filing drawback claims in declared
disaster areas (see H.R. 5118) [28SE]
Taxation: casualty loss deduction for disaster losses relative to
adjusted gross income floor (see H.R. 3811) [8FE]
BEVILL, TOM (a Representative from Alabama)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Committee for the Funeral of William H. Natcher [15SE]
Conferee: H.R. 3759, making supplemental appropriations [10FE]
------H.R. 4539, Dept. of the Treasury, Postal Service, Executive
Office of the President, and independent agencies
appropriations [16AU]
------H.R. 4602, Dept. of the Interior and related agencies
appropriations [13SE]
Bills and resolutions introduced by
Energy and water development: making appropriations (see H.R.
4506) [26MY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
Energy and water development: making appropriations (H.R. 4506),
conference report [10AU]
Reports by conference committees
Energy and Water Development Appropriations (H.R. 4506) [4AU]
Reports filed
Energy and Water Development Appropriations: committee of
conference (H.R. 4506) (H. Rept. 103-672) [4AU]
------Committee on Appropriations (House) (H.R. 4506) (H. Rept.
103-533) [26MY]
BIELORUSSIA
see Belarus, Republic of
BIG DAD (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 4813) [21JY]
BILBRAY, JAMES H. (a Representative from Nevada)
Appointments
Conferee: H.R. 4299, intelligence services appropriations [13SE]
------S. 1587, Federal Acquisition Streamlining Act [4AU]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Armenia: conflict with Azerbaijan relating to the Nagorno Karabagh
area (see H. Con. Res. 247) [11MY]
BILIRAKIS, MICHAEL (a Representative from Florida)
Appointments
Conferee: S. 1569, Minority Health Improvement Act [23MY]
------S. 2000, Head Start, LIHEAP, Community Development Block
Grant Program, and Coordinated
[[Page 2705]]
Services for Children, Youth, and Families reauthorization
[28AP]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Child support: prohibit Federal financial assistance to
individuals delinquent in payments (see H.R. 5294) [29NO]
Families and domestic relations: improve the interstate
enforcement of child support and parentage court orders (see
H.R. 4188) [13AP]
Greek Independence Day--A National Day of Celebration of Greek and
American Democracy: designate (see H.J. Res. 310) [1FE]
Members of Congress: study relative to medical benefits and
services (see H.R. 4094) [21MR]
Veterans: permit retirement pay concurrently with service-
connected disability benefits (H.R. 65), consideration (see H.
Res. 382) [9MR]
Yugoslavia: limitations on use of funds relative to U.S.
recognition of Macedonia (see H.R. 3994) [10MR]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
BIOLOGICAL WEAPONS
related term(s) Weapons
Bills and resolutions
Foreign trade: administration of export controls (see H.R. 3937)
[2MR]
Messages
Chemical and Biological Weapons: President Clinton [23MY]
Reports filed
Consideration of H.R. 3937, Export Administration Act: Committee
on Rules (House) (H. Res. 474) (H. Rept. 103-596) [12JY]
Export Administration Act: Committee on Armed Services (House)
(H.R. 3937) (H. Rept. 103-531) [17JN]
------Committee on Foreign Affairs (House) (H.R. 3937) (H. Rept.
103-531) [25MY]
------Committee on Intelligence (House, Select) (H.R. 3937) (H.
Rept. 103-531) [16JN]
------Committee on Ways and Means (House) (H.R. 3937) (H. Rept.
103-531) [17JN]
BIRDS
related term(s) Wildlife
Bills and resolutions
Endangered species: conservation of threatened and endangered
species (see H.R. 3978) [8MR]
BISHOP, SANFORD D., JR. (a Representative from Georgia)
Bills and resolutions introduced by
Egg Products Inspection Act: technical corrections (see H.R. 4625)
[22JN]
National Sarcoidosis Awareness Day: designate (see H.J. Res. 399)
[8AU]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
BLACK LUNG BENEFITS ACT
Bills and resolutions
Improve (see H.R. 4415) [12MY]
Reports filed
Improvements: Committee on Education and Labor (House) (H.R. 2108)
(H. Rept. 103-507) [12MY]
BLACKS
see African Americans
BLACKWELL, LUCIEN E. (a Representative from Pennsylvania)
Bills and resolutions introduced by
African-American Music Month: designate (see H.J. Res. 364) [5MY]
Firearms: require serial numbers on ammunition (see H.R. 4323)
[3MY]
BLILEY, THOMAS J., JR. (a Representative from Virginia)
Appointments
Conferee: H.R. 1804, Goals 2000--Educate America Act [11MR]
------H.R. 2659, bone marrow and organ transplant programs [13AP]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------S. 636, Freedom of Access to Clinic Entrances Act [17MR]
------S. 1284, Developmental Disabilities Assistance and Bill of
Rights Act [16MR]
------S. 1569, Minority Health Improvement Act [23MY]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
District of Columbia: formula for determination of Federal
payments (see H.R. 4166) [12AP]
National Capital Planning Commission: appointment of certain
Members of Congress (see H.R. 4041) [16MR]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
BLIND
see Disabled
BLOOD DONORS
see Health
BLUTE, PETER (a Representative from Massachusetts)
Bills and resolutions introduced by
Members of Congress: determination of official mail allowance and
regulation of mass mailings and franking privilege (see H.R.
3787) [3FE]
Persian Gulf War Veteran Recognition Day: designate (see H.J. Res.
320) [8FE]
Public housing: exclude drug or alcohol abusers from occupancy of
units designated for senior citizens (see H.R. 3943) [2MR]
Social Security: prohibit the use of account numbers except for
purposes relative to Social Security and social services (see
H.R. 3919) [28FE]
Technology: coordination of biotechnology research and development
(see H.R. 4211) [14AP]
------stimulate biotechnology research and development (see H.R.
4212) [14AP]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
BOATS
see Cargo Transportation; Ships and Vessels
BOEHLERT, SHERWOOD L. (a Representative from New York)
Appointments
British-American Interparliamentary Group [5MY]
Committee for the Funeral of Richard M. Nixon [28AP]
Conferee: H.R. 820, National Competitiveness Act [19JY]
Bills and resolutions introduced by
Federal employees: accumulation of annual leave relative to
closure and realignment of military installations (see H.R.
3723) [25JA]
Taxation: treatment of children's income attributable to personal
injury awards (see H.R. 4846) [28JY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
BOEHNER, JOHN A. (a Representative from Ohio)
Appointments
Conferee: H.R. 6, education programs appropriations [20SE]
------H.R. 1804, Goals 2000--Educate America Act [23FE] [11MR]
Bills and resolutions introduced by
Fort Greene Ville, OH: mint coins in commemoration of the 200th
anniversary of the signing of the Treaty of Greene Ville (see
H.R. 4324) [3MY]
House of Representatives: reduce official mail allowance and
prohibit certain mailing practices (see H.R. 4738) [13JY]
Pesticides: safety training programs (see H.R. 3969) [8MR]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
Depts. of Veterans Affairs, HUD, and sundry independent agencies:
authorizing appropriations (H.R. 4624), conference report
[12SE]
BOGGS, LINDY (a former Representative from Louisiana)
Appointments
John C. Stennis Center for Public Service Board of Trustees [20DE]
BOMBINGS
see Terrorism
BONILLA, HENRY (a Representative from Texas)
Appointments
Conferee: H.R. 4606, Depts. of Labor, HHS, Education, and related
agencies appropriations [13SE]
------H.R. 4649, District of Columbia appropriations [28JY]
Bills and resolutions introduced by
States: prohibit intentional creation of legislative districts
based on the race, color, national origin, or language of
voters within such districts (see H.R. 4637) [23JN]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
Crime: national policy to control crime and reform court
procedures (H.R. 3355), conference report [20JY] [21JY]
BONIOR, DAVID E. (a Representative from Michigan)
Appointments
Committee for the Funeral of William H. Natcher [15SE]
Bills and resolutions introduced by
China, People's Republic of: most-favored-nation status (H.J. Res.
373), consideration (see H. Res. 509) [5AU]
------most-favored-nation status (H.R. 4590), consideration (see
H. Res. 509) [5AU]
Edison, Thomas Alva: mint in commemoration of sesquicentennial of
birth (see H.R. 5255) [7OC]
Foreign trade: administration of export controls (H.R. 3937),
consideration (see H. Res. 474) [12JY]
Gibraltar (vessel): certificate of documentation (see H.R. 4774)
[14JY]
Iraq: adjudication of claims (H.R. 3221), consideration (see H.
Res. 410) [21AP]
Mexico: elections (see H. Con. Res. 250) [17MY]
Six Rivers National Forest: protection and management of Redwood
forest areas and addition of certain lands and waters (H.R.
2866), consideration (see H. Res. 536) [20SE]
States: limit out-of-State solid waste disposal (H.R. 4779),
consideration (see H. Res. 551) [27SE]
Motions offered by
States: limit out-of-State solid waste disposal (H.R. 4779),
consideration (H. Res. 551) [28SE]
Reports filed
Consideration of H.R. 2866, Protection and Management of Redwood
Forest Areas and Addition of Certain Lands and Waters:
Committee on Rules (House) (H. Res. 536) (H. Rept. 103-732)
[20SE]
Consideration of H.R. 3221, Adjudication of Claims Against Iraq:
Committee on Rules (House) (H. Res. 410) (H. Rept. 103-481)
[21AP]
Consideration of H.R. 3937, Export Administration Act: Committee
on Rules (House) (H. Res. 474) (H. Rept. 103-596) [12JY]
Consideration of H.R. 4779, Limit Out-of-State Solid Waste
Disposal: Committee on Rules (House) (H. Res. 551) (H. Rept.
103-756) [27SE]
BORSKI, ROBERT A. (a Representative from Pennsylvania)
Appointments
Conferee: H.R. 2739, Airport and Airway Improvement Act
appropriations [26JY]
Bills and resolutions introduced by
Constitution Day: designate (see H.J. Res. 390) [19JY]
Federal aid programs: eligibility for certain programs relative to
retirement accounts (see H.R. 4325) [3MY]
Transportation: establish a National Transportation System (see
H.R. 4305) [28AP]
BOSNIA AND HERZEGOVINA
Messages
Continuation of Emergency With Respect to Yugoslavia: President
Clinton [25MY]
Peace and Security in Bosnia and Herzegovina: President Clinton
[23AU]
BOSTON, MA
Bills and resolutions
Jean Mayer Human Nutrition Research Center on Aging: designate
(see H.R. 4204) [13AP]
[[Page 2706]]
BOUCHER, RICK (a Representative from Virginia)
Appointments
Conferee: H.R. 820, National Competitiveness Act [19JY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------H.R. 3841, Interstate Banking Efficiency Act [12MY]
------S. 1485, Satellite Carrier Compulsory License Extension Act
[16AU]
Bills and resolutions introduced by
Appalachian Coal Heritage Area: establish (see H.R. 4692) [30JN]
CERCLA: assignment of shares of liability at Superfund sites (see
H.R. 4351) [5MY]
Dept. of Energy: high energy and nuclear physics research (see
H.R. 4684) [30JN]
Fire prevention: grants for arson research, prevention, and
control (H.R. 1727), Senate amendments (see H. Res. 413)
[26AP]
Public utilities: FERC recovery of certain expenses (see H.R.
4645) [24JN]
Saltville Heritage Area: establish (see H.R. 4691) [30JN]
States: limit out-of-State solid waste disposal (see H.R. 4779)
[19JY]
Tobacco products: revise the reserve stock level for burley
tobacco (see H.R. 3824) [9FE]
BRANDT, MILT
Bills and resolutions
Milt Brandt Visitors Center, Warm Springs Dam, CA: designate (see
H.R. 3972) [8MR]
BREWSTER, BILL K. (a Representative from Oklahoma)
Bills and resolutions introduced by
Crime: national policy to control crime and reform court
procedures (see H.R. 5008) [21AU]
National Spina Bifida Prevention Month: designate (see H.J. Res.
410) [20SE]
Pharmaceuticals: guarantee practice of pharmacy compounding and
ensure supply of bulk drug products (see H.R. 5256) [7OC]
Taxation: estate tax treatment of family-owned business interests
(see H.R. 5032) [13SE]
------treatment of predeceased parent exclusion to the generation-
skipping transfer tax (see H.R. 4326) [3MY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
BRIDGEPORT, CT
Bills and resolutions
Brien McMahon Federal Building: designate (see H.R. 3724) [25JA]
Reports filed
Brien McMahon Federal Building: Committee on Public Works and
Transportation (House) (H.R. 3724) (H. Rept. 103-513) [19MY]
BRITISH-AMERICAN INTERPARLIAMENTARY GROUP
Appointments
Members [5MY]
BROADCASTING
see Radio; Television
BROKEN PROMISE (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 4845) [27JY]
BROOKS, JACK (a Representative from Texas)
Appointments
Conferee: H.R. 820, National Competitiveness Act [19JY]
------H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 3345, Federal Workforce Restructuring Act [11MR]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------H.R. 3841, Interstate Banking Efficiency Act [12MY]
------H.R. 4299, intelligence services appropriations [13SE]
------S. 636, Freedom of Access to Clinic Entrances Act [17MR]
------S. 1485, Satellite Carrier Compulsory License Extension Act
[16AU]
------S. 1587, Federal Acquisition Streamlining Act [4AU]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Conferees: S. 24, independent counsel reauthorization [10FE]
North Atlantic Assembly [25MY]
Bills and resolutions introduced by
Antitrust policy: obtaining of antitrust evidence from foreign
countries (see H.R. 4781) [19JY]
Bankruptcy: improve system (see H.R. 5116) [28SE]
Committee on the Judiciary (House): expenses for investigations
and studies (see H. Res. 358) [10FE]
Congress: amend U.S. Code relative to names of committees (see
H.R. 4777) [18JY]
Crime: national policy to control crime and reform court
procedures (see H.R. 4092) [18MR]
Cygne Sauvage (vessel): certificate of documentation (see H.R.
4601) [17JN]
Immigration: revise and codify certain general and permanent laws
relative to aliens and nationality (see H.R. 3809) [8FE]
Ross Seal (vessel): certificate of documentation (see H.R. 5238)
[6OC]
Transportation: amend laws (see H.R. 4778) [18JY]
Motions offered by
Commission on Civil Rights: reauthorize (S. 2372) [3OC]
Crime: national policy to control crime and reform court
procedures (H.R. 3355) [21AP]
Independent counsel: reauthorize (S. 24) [10FE]
Telecommunications: satellite carrier compulsory license
extensions (S. 1485) [16AU]
Reports by conference committees
Independent Counsel Reauthorization (S. 24) [19MY]
Violent Crime Control and Law Enforcement Act (H.R. 3355) [10AU]
[21AU]
Reports filed
Administrative Conference of the U.S. Extension: Committee on the
Judiciary (House) (H.R. 4490) (H. Rept. 103-854) [7OC]
Aleutian and Pribilof Restitution Act Appropriations: Committee on
the Judiciary (House) (S. 1457) (H. Rept. 103-833) [4OC]
Amend U.S. Code Relative to Names of Congressional Committees:
Committee on the Judiciary (House) (H.R. 4777) (H. Rept. 103-
779) [3OC]
Antitrust Exemption Applicable to the Insurance Industry:
Committee on the Judiciary (House) (H.R. 9) (H. Rept. 103-853)
[7OC]
Antitrust Reform Act: Committee on the Judiciary (House) (H.R.
3626) (H. Rept. 103-559) [24JN]
Application of Antitrust Laws to Major League Baseball Players'
Strike: Committee on the Judiciary (House) (H.R. 4994) (H.
Rept. 103-871) [29NO]
Application System for Process Patents: Committee on the Judiciary
(House) (H.R. 4307) (H. Rept. 103-728) [20SE]
Bankruptcy Reform Act: Committee on the Judiciary (House) (H.R.
5116) (H. Rept. 103-835) [4OC]
Commission on Civil Rights Management Activities: Committee on the
Judiciary (House) (H.R. 4999) (H. Rept. 103-775) [3OC]
Constitutional Procedures for the Imposition of Capital
Punishment: Committee on the Judiciary (House) (H.R. 4035) (H.
Rept. 103-467) [12AP]
Dept. of Commerce Patent and Trademark Office Appropriations:
Committee on the Judiciary (House) (H.R. 4608) (H. Rept. 103-
777) [3OC]
Federal Penalties for Fraud Against Insurance Companies: Committee
on the Judiciary (House) (H.R. 665) (H. Rept. 103-468) [12AP]
Freedom of Access to Clinic Entrances Act: committee of conference
(S. 636) (H. Rept. 103-488) [2MY]
General Aviation Revitalization Act: Committee on the Judiciary
(House) (S. 1458) (H. Rept. 103-525) [24JN]
Imposition of Capital Punishment for Certain Crimes: Committee on
the Judiciary (House) (H.R. 4032) (H. Rept. 103-466) [12AP]
Incarceration of Violent Repeat Offenders, Prison Overcrowding
Remedies, and Reduction of Recidivism Rate: Committee on the
Judiciary (House) (H.R. 3968) (H. Rept. 103-462) [12AP]
Independent Counsel Reauthorization: committee of conference (S.
24) (H. Rept. 103-511) [19MY]
Initiating a Community Justice Program To Assist in the Prevention
of Crime: Committee on the Judiciary (House) (H.R. 4033) (H.
Rept. 103-459) [24MR]
International Antitrust Enforcement Assistance Act: Committee on
the Judiciary (House) (H.R. 4781) (H. Rept. 103-772) [3OC]
Jurisdiction of U.S. Courts in Cases Involving Torture or
Extrajudicial Killings in Foreign Countries: Committee on the
Judiciary (House) (H.R. 934) (H. Rept. 103-702) [16AU]
Kansas and Missouri Metropolitan Culture District Compact:
Committee on the Judiciary (House) (H.R. 4896) (H. Rept. 103-
774) [3OC]
Law Enforcement Wiretap Capability Relative to Digital
Transmissions and Other Emerging Telecommunication
Technologies: Committee on the Judiciary (House) (H.R. 4922)
(H. Rept. 103-827) [4OC]
Limit State Taxation of Pension Income: Committee on the Judiciary
(House) (H.R. 546) (H. Rept. 103-776) [3OC]
Mandatory Life Imprisonment for Individuals Convicted of a Third
Violent Felony: Committee on the Judiciary (House) (H.R. 3981)
(H. Rept. 103-463) [12AP]
Mandatory Minimum Sentences for Certain Crimes: Committee on the
Judiciary (House) (H.R. 3979) (H. Rept. 103-460) [24MR]
Office of Government Ethics Appropriations: Committee on the
Judiciary (House) (H.R. 2289) (H. Rept. 103-785) [7OC]
Penalties for the Illegal Sale of Medals of Honor: Committee on
the Judiciary (House) (H.R. 5102) (H. Rept. 103-786) [3OC]
Prohibit Transfer or Sale of Assault Weapons: Committee on the
Judiciary (House) (H.R. 4296) (H. Rept. 103-489) [2MY]
Prosecution of Juveniles as Adults for Certain Violent Offenses:
Committee on the Judiciary (House) (H.R. 4031) (H. Rept. 103-
465) [12AP]
Racially Discriminatory Capital Sentencing: Committee on the
Judiciary (House) (H.R. 4017) (H. Rept. 103-458) [24MR]
Registration and Protection of Trademarks Used in International
Commerce: Committee on the Judiciary (House) (H.R. 2129) (H.
Rept. 103-780) [3OC]
Resolution of Arizona Land Claims: Committee on the Judiciary
(House) (S. 1233) (H. Rept. 103-773) [3OC]
Revise Habeas Corpus Proceedings: Committee on the Judiciary
(House) (H.R. 4018) (H. Rept. 103-470) [12AP]
Secondary Transmissions of Superstations and Network Stations for
Private Home Viewing: Committee on the Judiciary (House) (H.R.
1103) (H. Rept. 103-703) [16AU]
Sexual Exploitation of Children: Committee on the Judiciary
(House) (H.R. 3993) (H. Rept. 103-469) [12AP]
Strengthen Federal Prohibitions Against Assaulting Children:
Committee on the Judiciary (House) (H.R. 1120) (H. Rept. 103-
461) [12AP]
Transportation Law Amendments: Committee on the Judiciary (House)
(H.R. 4778) (H. Rept. 103-831) [4OC]
Victim Assistance Programs: Committee on the Judiciary (House)
(H.R. 4030) (H. Rept. 103-464) [12AP]
Violent Crime Control and Law Enforcement Act: committee of
conference (H.R. 3355) (H. Rept. 103-694) [10AU]
------committee of conference (H.R. 3355) (H. Rept. 103-711)
[21AU]
BROWDER, GLEN (a Representative from Alabama)
Appointments
Conferee: S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Health: referendum on national health care reform (see H. Con.
Res. 310) [6OC]
[[Page 2707]]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
BROWN, CORRINE (a Representative from Florida)
Bills and resolutions introduced by
Armed Forces: disability compensation rates relative to benefits
paid under the Special Separation Benefits Program (see H.R.
3731) [25JA]
BROWN, GEORGE E., JR. (a Representative from California)
Appointments
Conferee: H.R. 820, National Competitiveness Act [19JY]
------H.R. 2739, Airport and Airway Improvement Act appropriations
[26JY]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Animals: prohibit interstate commerce or transport of captive-bred
animals for the purpose of hunting (see H.R. 4997) [19AU]
Committee on Science, Space, and Technology (House): expenses for
investigations and studies (see H. Res. 344) [3FE]
Dept. of Commerce: establish U.S. Design Council (see H.R. 4673)
[29JN]
Ecology and environment: research and development of environmental
technologies (see H.R. 4799) [20JY]
------research and development of environmental technology (see
H.R. 3870) [22FE]
Foreign trade: improve tariff system (see H.R. 4586) [16JN]
------prohibit import of goods produced by child labor (see H.R.
4693) [30JN]
Information services: establish voluntary standards for data
encryption (see H.R. 5199) [6OC]
NASA: authorizing appropriations (see H.R. 4489) [25MY]
Nuclear energy: authorize the Dept. of Energy fusion research and
development programs to direct U.S. participation in the
International Thermonuclear Experimental Reactor (see H.R.
4553) [9JN]
U.S. Labor Attache Corps: tribute (see H. Con. Res. 257) [22JN]
Reports filed
Evaluation of Dept. of Energy Research and Development
Laboratories and Consolidation of Technology Transfer
Activities: Committee on Science, Space, and Technology
(House) (H.R. 1432) (H. Rept. 103-484) [19MY]
Hydrogen and Fusion Research and Development Programs, and Nuclear
and High Energy Physics Programs Authorization: Committee on
Science, Space, and Technology (House) (H.R. 4908) (H. Rept.
103-674) [5AU]
NASA Appropriations: Committee on Science, Space, and Technology
(House) (H.R. 4489) (H. Rept. 103-654) [3AU]
National Science and Technology Policy, Organization, and
Priorities Act: Committee on Science, Space, and Technology
(House) (H.R. 3476) (H. Rept. 103-473) [12AP]
NOAA Appropriations: Committee on Science, Space, and Technology
(House) (H.R. 4008) (H. Rept. 103-583) [29JY]
NSF Appropriations: Committee on Science, Space, and Technology
(House) (H.R. 3254) (H. Rept. 103-475) [13AP]
Research and Development of Environmental Technology: Committee on
Science, Space, and Technology (House) (H.R. 3870) (H. Rept.
103-536) [8JN]
Risk Assessment Improvement Act: Committee on Science, Space, and
Technology (House) (H.R. 4306) (H. Rept. 103-857) [7OC]
BRYANT, JOHN (a Representative from Texas)
Appointments
Conferee: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------H.R. 3841, Interstate Banking Efficiency Act [12MY]
------S. 24, independent counsel reauthorization [10FE]
------S. 349, Lobbying Disclosure Act [24MR]
------S. 1587, Federal Acquisition Streamlining Act [4AU]
Bills and resolutions introduced by
Administrative Conference of the U.S.: extend (see H.R. 4490)
[25MY]
Independent counsel: establish additional requirements regarding
appointments (see H.R. 4947) [12AU]
Lobbyists: disclosure of activities to influence the Federal
Government (see H.R. 5085) [23SE]
LSC: authorizing appropriations (see H.R. 4508) [26MY]
Mental health: prohibit the use of bounty hunters by mental health
care providers to attract patients for treatment (see H.R.
4113) [23MR]
Water: bottled water contaminant level requirements (see H.R.
4651) [27JN]
Reports by conference committees
Lobbying Disclosure Act (S. 349) [26SE]
Reports filed
Lobbying Disclosure Act: committee of conference (S. 349) (H.
Rept. 103-750) [26SE]
BUDGET CONTROL ACT
Motions
Enact (H.R. 4604) [21JY]
Reports filed
Provisions: Committee on Rules (House) (H.R. 4604) (H. Rept. 103-
602) [14JY]
BUDGET--U.S.
Appointments
Conferees: H.R. 3759, making supplemental appropriations [10FE]
Bills and resolutions
Appropriations: constitutional amendment on line-item veto (see
H.J. Res. 321) [9FE]
------making supplemental (see H.R. 3759) [2FE]
Concurrent resolutions: program specificity in consideration (see
H.R. 4678) [29JN]
Congress: applicability of extraneous matter rule in budget
reconciliation legislation (see H.R. 4780) [19JY]
------limit consideration of nonemergency matters in emergency
legislation (see H.R. 4906) [5AU]
------limit consideration of nonemergency matters in emergency
legislation (H.R. 4906), consideration (see H. Res. 513) [9AU]
Defense industries: transition of industries, communities, and
workers affected by reduced defense spending (see H.R. 4240)
[18AP]
Dept. of Defense: reduce appropriations by a certain percentage
for 1996 (see H. Con. Res. 305) [3OC]
Dept. of Education: reduce increase in grants to State and local
education agencies (see H.R. 3725) [25JA]
Dept. of Energy: reductions in spending at or through certain
facilities (see H.R. 4706) [30JN]
Discretionary spending: limits, consideration (see H. Res. 459)
[21JN]
Domestic policy: reduce domestic and defense discretionary
spending (see H.R. 3989) [9MR]
Federal budget: reform of baseline budgeting, consideration of
rescissions, use of spending cuts for deficit reduction, and
treatment of emergency designation in legislation (H.R. 4907),
consideration (see H. Res. 512) [9AU]
------setting forth for 1995-99 (see H. Con. Res. 218) [8MR]
------setting forth for 1995-99 (H. Con. Res. 218), consideration
(see H. Res. 384) [9MR]
GATT: budget cuts to compensate for decreased tariff revenues
relative to implementation (see H. Res. 462) [22JN]
Intelligence services: identification of construction projects in
budget submissions and authorization of such projects (see
H.R. 4940) [11AU]
Rescissions: consideration of budget authority rescission
proposals (see H.R. 4600) [17JN]
------consideration of budget authority rescission proposals (H.R.
4600), consideration (see H. Res. 467) [28JN]
Social Security Act: technical amendments (see H.R. 5252) [7OC]
Messages
Dept. of HHS Revised Deferral of Budget Authority: President
Clinton [3MY]
District of Columbia Budget Request: President Clinton [4MY]
Economic Report of the President: President Clinton [23FE]
Rescissions and Deferrals of Budget Authority: President Clinton
[7FE] [8JN]
Setting Forth the Federal Budget for 1995: President Clinton [7FE]
Motion offered to discharge committee
Constitutional amendments: balance (H.J. Res. 103), consideration
(H. Res. 331) [24FE]
Motions
Appropriations: making supplemental (H.R. 3759) [3FE] [10FE]
Federal budget: establish direct spending targets (H.R. 4604)
[21JY]
------setting forth for 1995-99 (H. Con. Res. 218) [14AP]
Reports by conference committees
Setting Forth the Federal Budget for 1995-99 (H. Con. Res. 218)
[4MY]
Supplemental Appropriations (H.R. 3759) [11FE]
Reports filed
Baseline Budgeting, Rescissions, Spending Cuts for Deficit
Reduction, and Emergency Designation in Federal Budget
Legislation: Committee on Rules (House) (H.R. 4907) (H. Rept.
103-688) [9AU]
Budget Control Act: Committee on Rules (House) (H.R. 4604) (H.
Rept. 103-602) [14JY]
Consideration of H. Con. Res. 218, Setting Forth the Federal
Budget for 1995-99: Committee on Rules (House) (H. Res. 384)
(H. Rept. 103-429) [9MR]
Consideration of H.R. 3759, Supplemental Appropriations: Committee
on Rules (House) (H. Res. 336) (H. Rept. 103-416) [2FE]
Consideration of H.R. 4600, Budget Authority Rescission Proposals:
Committee on Rules (House) (H. Res. 467) (H. Rept. 103-565)
[28JN]
Consideration of H.R. 4604, Establish Direct Federal Budget
Spending Targets: Committee on Rules (House) (H. Res. 484) (H.
Rept. 103-614) [20JY]
Consideration of H.R. 4906, Limit Consideration of Nonemergency
Matters in Emergency Legislation: Committee on Rules (House)
(H. Res. 513) (H. Rept. 103-690) [9AU]
Consideration of H.R. 4907, Baseline Budgeting, Rescissions,
Spending Cuts for Deficit Reduction, and Emergency Designation
in Budget Legislation: Committee on Rules (House) (H. Res.
512) (H. Rept. 103-689) [9AU]
Emergency Supplemental Appropriations: Committee on Appropriations
(House) (H.R. 3759) [1FE]
Limit Consideration of Nonemergency Matters in Emergency
Legislation: Committee on Rules (House) (H.R. 4906) (H. Rept.
103-687) [9AU]
Making Supplemental Appropriations: committee of conference (H.R.
3759) (H. Rept. 103-424) [11FE]
Prohibit Bureau of Mines From Refining and Selling Helium, and
Dispose of Helium Reserve: Committee on Natural Resources
(House) (H.R. 3967) (H. Rept. 103-661) [3AU]
Revised Subdivision of Budget Totals: Committee on Appropriations
(House) (H. Rept. 103-505) [12MY]
------Committee on Appropriations (House) (H. Rept. 103-549)
[16JN]
------Committee on Appropriations (House) (H. Rept. 103-664) [4AU]
------Committee on Appropriations (House) (H. Rept. 103-665) [4AU]
------Committee on Appropriations (House) (H. Rept. 103-735)
[21SE]
Setting Forth the Federal Budget for 1995-99: Committee on the
Budget (House) (H. Con. Res. 218) [8MR]
Waiving Points of Order Against Conference Report on H. Con. Res.
218, Setting Forth the Federal Budget for 1995-99: Committee
on Rules (House) (H. Res. 418) (H. Rept. 103-494) [4MY]
BULGARIA, REPUBLIC OF
Messages
Compliance of Emigration Laws and Policies With Respect to
Bulgaria: President Clinton [26JA]
[[Page 2708]]
Emigration Laws and Policies of Bulgaria: President Clinton [21JY]
BUNNING, JIM (a Representative from Kentucky)
Appointments
Committee for the Funeral of William H. Natcher [15SE]
Conferee: H.R. 4277, establish Social Security Administration as
an independent agency [21JN]
------H.R. 4278, Social Security Domestic Employment Reform Act
[21JN]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
BUREAU OF INDIAN AFFAIRS
Bills and resolutions
Housing: improve programs for public and Indian housing (see H.R.
3888) [23FE]
Reports filed
Central Council of Tlingit and Haida Indian Tribes of Alaska
Receipt of Services From the Bureau of Indian Affairs:
Committee on Natural Resources (House) (S. 1784) (H. Rept.
103-800) [3OC]
Indian Lands Open Dump Cleanup Act: Committee on Natural Resources
(House) (S. 720) (H. Rept. 103-783) [3OC]
Tribal Self-Governance Act: Committee on Natural Resources (House)
(H.R. 3508) (H. Rept. 103-653) [3AU]
BUREAU OF LAND MANAGEMENT
Bills and resolutions
Gilpin County, CO: Federal land acquisition (see H.R. 5016) [21AU]
Public lands: promote certain activities to address the adverse
impact of wildfires (see H.R. 5097) [23SE]
BUREAU OF RECLAMATION
Bills and resolutions
Corpus Christi, TX: negotiations with the Bureau of Reclamation
relative to the Choke Canyon Reservoir-Nueces River project
(see H.R. 4631) [22JN]
Mancos Water Conservancy District, CO: construction of
hydroelectric plant (see H.R. 4523) [26MY]
Redwood Valley Water District: loan authority (see H.R. 4925)
[9AU]
Reports filed
Mancos Water Conservancy District, CO, Hydroelectric Plant
Construction: Committee on Natural Resources (House) (H.R.
4523) (H. Rept. 103-790) [3OC]
Redwood Valley Water District Loan Authority: Committee on Natural
Resources (House) (H.R. 4925) (H. Rept. 103-795) [3OC]
BURTON, DAN (a Representative from Indiana)
Bills and resolutions introduced by
Alpha Tango (vessel): certificate of documentation (see H.R. 4536)
[26MY]
Crime: availability of information to employers relative to child-
related sex offenses (see H. Con. Res. 203) [8FE]
------national policy to control crime and reform court procedures
(see H.R. 4055) [16MR]
Disasters: establish national policy (see H. Con. Res. 267) [19JY]
Kashmir World Action Day: designate (see H. Res. 477) [12JY]
Old Hat (vessel): certificate of documentation (see H.R. 4537)
[26MY]
Parents' Day: designate (see H.J. Res. 398) [8AU]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
BUSES
see Common Carriers; Motor Vehicles
BUSINESS AND INDUSTRY
related term(s) Corporations
Appointments
Conferees: H.R. 820, National Competitiveness Act [19JY] [25JY]
------H.R. 965, Child Safety Protection Act [13AP]
------H.R. 2884, School-to-Work Opportunities Act [16MR]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP] [23MY]
------H.R. 4950, Jobs Through Trade Expansion Act [4OC]
------S. 2060, amend Small Business Act [21SE]
National Women's Business Council [25JA]
Review Panel of the Office of Fair Employment Practices [12AP]
Bills and resolutions
Agriculture: authorize the use of commodities to promote market
development (see H.R. 5234) [6OC]
------development of programs to encourage source-separated
composting at homes, schools, and businesses (see H.R. 5267)
[7OC]
------establish a reserve fund to reimburse milk producers for
certain losses (see H.R. 4134) [24MR]
Air pollution: repeal certain Clean Air Act stratospheric ozone
protection provisions (see H.R. 5216) [6OC]
Bankruptcy: eligibility of small business investment companies to
file bankruptcy (see H.R. 4140) [24MR]
Clean Air Act: area redesignation and motor vehicle inspection and
maintenance programs (see H.R. 5304) [29NO]
------selective inspection and maintenance programs as part of
State implementation plans (see H. Con. Res. 309) [6OC]
Consumers: notification of consumers on lists compiled for sale to
businesses (see H.R. 4353) [5MY]
Credit: civil penalties for unlawful billing under a consumer
credit plan (see H.R. 4629) [22JN]
Crime: availability of information to employers relative to child-
related sex offenses (see H. Con. Res. 203) [8FE]
Defense industries: transition of industries, communities, and
workers affected by reduced defense spending (see H.R. 4240)
[18AP]
Dept. of Agriculture: repeal the Market Promotion Program (see
H.R. 3772) [2FE]
Economy: impact of Federal legislation and regulations on business
and local government (see H.R. 4006) [10MR]
Employment: promote performance-based reward plans and employee
decisionmaking participation programs (see H.R. 5204) [6OC]
------provide employment and training assistance for individuals
working at or residing near a facility or plant scheduled for
significant layoffs (see H.R. 3826) [9FE]
------provide incentives for job apprenticeship programs and study
the consolidation of Federal dislocated worker programs (see
H.R. 3736) [26JA]
Endangered species: conservation of threatened and endangered
species (see H.R. 3978) [8MR]
Fair Trade in Auto Parts Act: extend authorities (see H.R. 3749)
[26JA]
Federal Power Marketing Administration: transfer of property and
equipment to public and private entities (see H.R. 3780) [2FE]
Financial institutions: administrative requirements of insured
depository institutions (H.R. 3474), consideration of
conference report (see H. Res. 506) [3AU]
------Federal regulation of depository institution service
corporations (see H.R. 4097) [21MR]
------treatment of U.S. banks by foreign countries (see H.R. 4926)
[9AU]
Firearms: assistance for State and local programs exchanging
merchandise vouchers for firearms (see H.R. 3771) [2FE]
Foreign trade: export control (see H.R. 4663) [28JN]
------exports of medical devices (see H.R. 5188) [5OC]
------prohibit import of goods produced by child labor (see H.R.
4693) [30JN]
FTC: issue trade regulation rule to release the prescription of
contact lenses (see H.R. 5195) [5OC]
Insurance: fair trade in foreign markets (see H.R. 3974) [8MR]
------regulation of rental car business policies on liability
imposition and collision damage waivers (see H.R. 3741) [26JA]
Interagency Trade Organization: designate the SBA Administrator as
a member (see H.R. 4252) [19AP]
Major League Baseball: apply arbitration for strikes (see H.R.
5095) [23SE]
National Hispanic Business Week: designate (see H.J. Res. 397)
[2AU]
National Park Service: consideration of Native American businesses
for concessions contracts (see H.R. 4389) [11MY]
Pennsylvania Avenue Development Corp.: authorizing appropriations
and development of plan for orderly dissolution (see H.R.
5096) [23SE]
Postal Service: treatment of change-of-address orders received
from commercial mail receiving agencies (see H.R. 4762) [14JY]
Public works: private usage and contracting requirements of water
or wastewater facilities funded through tax-exempt municipal
bonds (see H.R. 3904) [24FE]
Public Works and Economic Development Act: reauthorizing
appropriations (H.R. 2442), consideration (see H. Res. 420)
[5MY]
Rural areas: establish rural development strategy (see H.R. 5086)
[23SE]
Saudi Arabia: resolution of commercial disputes with U.S. firms
(see H.R. 4096) [21MR]
SBA: establish accredited lenders program for qualified State and
local development companies (see H.R. 4723) [12JY]
Small business: authorization for programs (see H.R. 4172) [12AP]
------authorize appropriations for loans to concerns detrimentally
affected by defense reductions (see H.R. 4026) [11MR]
------encourage small and minority-owned businesses to participate
in Federal procurement and Government contracts (see H.R.
4263) [20AP]
------financial assistance and capital gains exclusion for
businesses operating in urban empowerment and enterprise zones
(see H.R. 4175) [12AP]
------loans for businesses affected by defense reductions (see
H.R. 4174) [12AP]
------microloan demonstration program (see H.R. 4173) [12AP]
Taxation: capital gains (see H.R. 4099, 4269, 5259) [21MR] [20AP]
[7OC]
------compliance with certain pension requirements (see H.R. 4534)
[26MY]
------credit for employers who hire AFDC recipients (see H.R.
4512) [26MY]
------deduction of business meal expenses subject to Federal hours
of limitation (see H.R. 4986) [18AU]
------incentives for employers to hire displaced workers relative
to closure, realignment, or downsizing of military
installations (see H.R. 4639) [23JN]
------provide incentives for job creation and business
opportunities (see H.R. 4201) [13AP]
------treatment of controlled foreign corporation distributions
relative to investment of the distributions in the U.S. (see
H.R. 3933) [1MR]
------use of individual retirement accounts as security for
certain business loans (see H.R. 3761) [2FE]
Telephones: require long distance services resellers to disclose
relationships to carriers from which services are acquired
(see H.R. 5112) [27SE]
Tobacco products: award Congressional Medal of Appreciation for
Public Spirit to person who made public concealed documents
relative to health hazards of smoking (see H.J. Res. 367)
[18MY]
Messages
Export Control Regulations: President Clinton [12JY]
State of Small Business: President Clinton [1FE]
Motions
Small Business Act: amend (H.R. 4801) [21SE]
------amend (S. 2060) [21SE]
Technology: enhance manufacturing technology (H.R. 820) [19JY]
[27SE] [28SE]
Reports by conference committees
Child Safety Protection Act (H.R. 965) [11MY]
Community Development, Credit Enhancement, and Regulatory
Improvement Act (H.R. 3474) [2AU]
Jobs Through Trade Expansion Act (H.R. 4950) [4OC]
School-to-Work Opportunities Act (H.R. 2884) [19AP]
Reports filed
Antitrust Exemption Applicable to the Insurance Industry:
Committee on the Judiciary (House) (H.R. 9) (H. Rept. 103-853)
[7OC]
Antitrust Reform Act: Committee on Energy and Commerce (House)
(H.R. 3626) (H. Rept. 103-559) [24JN]
[[Page 2709]]
------Committee on the Judiciary (House) (H.R. 3626) (H. Rept.
103-559) [24JN]
Bankruptcy Reform Act: Committee on the Judiciary (House) (H.R.
5116) (H. Rept. 103-835) [4OC]
Child Safety Protection Act: committee of conference (H.R. 965)
(H. Rept. 103-500) [11MY]
Community Development, Credit Enhancement, and Regulatory
Improvement Act: committee of conference (H.R. 3474) (H. Rept.
103-652) [2AU]
Consideration of Conference Report on H.R. 3474, Community
Development, Credit Enhancement, and Regulatory Improvement
Act: Committee on Rules (H. Res. 506) (H. Rept. 103-659) [3AU]
Consideration of H.R. 2442, Public Works and Economic Development
Act Reauthorization: Committee on Rules (House) (H. Res. 420)
(H. Rept. 103-495) [5MY]
Consideration of H.R. 4801, Small Business Act Amendments:
Committee on Rules (House) (H. Res. 494) (H. Rept. 103-627)
[28JY]
Consideration of H.R. 4926, Treatment of U.S. Banks by Foreign
Countries: Committee on Rules (House) (H. Res. 543) (H. Rept.
103-743) [23SE]
Cooperation of Dept. of Energy Laboratories With Private Sector To
Enhance Economic and Technological Competitiveness: Committee
on Energy and Commerce (House) (S. 473) (H. Rept. 103-611)
[19JY]
Encourage Small and Minority-Owned Businesses To Participate in
Federal Procurement and Government Contracts: Committee on
Small Business (House) (H.R. 4263) (H. Rept. 103-608) [18JY]
Establish Toll Free Dept. of Commerce Number To Assist Consumers
in Determining if Products Are Domestically Produced:
Committee on Energy and Commerce (House) (H.R. 3342) (H. Rept.
103-660) [3AU]
Federal Construction Procurement and Prevailing Wage Protection
for Construction Workers: Committee on Education and Labor
(House) (H.R. 1231) (H. Rept. 103-856) [7OC]
Federal Penalties for Fraud Against Insurance Companies: Committee
on the Judiciary (House) (H.R. 665) (H. Rept. 103-468) [12AP]
Fishermen's Protective Act: Committee on Merchant Marine and
Fisheries (House) (H.R. 3817) (H. Rept. 103-585) [12JY]
Foreign Country Treatment of U.S. Banks: Committee on Banking,
Finance and Urban Affairs (H.R. 4926) (H. Rept. 103-727)
[19SE]
Jobs Through Trade Expansion Act: committee of conference (H.R.
4950) (H. Rept. 103-834) [4OC]
------Committee on Foreign Affairs (House) (H.R. 4950) (H. Rept.
103-726) [19SE]
National Shipbuilding Initiative: Committee on Merchant Marine and
Fisheries (House) (H.R. 2547) (H. Rept. 103-420) [9FE]
Pennsylvania Avenue Development Corp. Appropriations and
Development of Plan for Orderly Dissolution: Committee on
Natural Resources (House) (H.R. 5096) (H. Rept. 103-794) [3OC]
Problems Facing Minority and Women-Owned Small Businesses:
Committee on Government Operations (House) (H. Rept. 103-870)
[29NO]
Promote a National Infrastructure to Encourage Deployment of
Advanced Services Through Competition: Committee on Energy and
Commerce (House) (H.R. 3636) (H. Rept. 103-560) [24JN]
Promote the Export of Environmental Technologies, Goods and
Services: Committee on Foreign Affairs (House) (H.R. 3813) (H.
Rept. 103-478) [18AP]
Public Works and Economic Development Act Appropriations:
Committee on Public Works and Transportation (House) (H.R.
2442) (H. Rept. 103-423) [10FE]
Public Works and Economic Development Act Reauthorization:
Committee on Banking, Finance and Urban Affairs (House) (H.R.
2442) (H. Rept. 103-423) [26AP]
School-to-Work Opportunities Act: committee of conference (H.R.
2884) (H. Rept. 103-480) [19AP]
Secondary Transmissions of Superstations and Network Stations for
Private Home Viewing: Committee on the Judiciary (House) (H.R.
1103) (H. Rept. 103-703) [16AU]
Small Business Act Amendments: Committee on Small Business (House)
(H.R. 4801) (H. Rept. 103-616) [21JY]
Small Business Development Company Program Appropriations:
Committee on Small Business (House) (H.R. 4322) (H. Rept. 103-
572) [30JN]
Streamline and Improve Cleanup Standards of CERCLA: Committee on
Energy and Commerce (House) (H.R. 3800) (H. Rept. 103-582)
[12JY]
------Committee on Public Works and Transportation (House) (H.R.
3800) (H. Rept. 103-582) [8AU]
------Committee on Ways and Means (House) (H.R. 3800) (H. Rept.
103-582) [26AU]
U.S. Shipbuilding and Repair Industry: Committee on Natural
Resources (House) (H.R. 1402) (H. Rept. 103-589) [12JY]
Unlisted Trading Privileges for Corporate Securities: Committee on
Energy and Commerce (House) (H.R. 4535) (H. Rept. 103-626)
[28JY]
Veterans' Employment Act: Committee on Veterans' Affairs (House)
(H.R. 4776) (H. Rept. 103-630) [28JY]
BUYER, STEPHEN E. (a Representative from Indiana)
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
BYRNE, LESLIE L. (a Representative from Virginia)
Appointments
George Washington's Birthday ceremonies delegation [10FE]
Bills and resolutions introduced by
Crime: grants to States for compliance with mandatory minimum
sentencing (see H.R. 3877) [23FE]
Drunken driving: strengthen Federal laws to prevent (see H.R.
5076) [22SE]
Legislative branch of the Government: application of OSHA laws
(see H.R. 4739) [13JY]
Taxation: treatment of State and local refunds of Federal
retirement benefits (see H.R. 4694) [30JN]
------use of individual retirement accounts as security for
certain business loans (see H.R. 3761) [2FE]
Vietnam Human Rights Day: designate (see H.J. Res. 333) [10MR]
CALIFORNIA
Appointments
Conferees: S. 21, California Desert Protection Act [4OC]
Bills and resolutions
Forest Service: distribution of timber sales receipts relative to
forests affected by protection of the California spotted owl
(see H.R. 3928) [1MR]
Immigration: extend the land border inspection fee program for
California (see H.R. 4256) [19AP]
Milt Brandt Visitors Center, Warm Springs Dam, CA: designate (see
H.R. 3972) [8MR]
National forests: health and productivity of National Forest
System lands and the use of ecosystem management practices
(see H.R. 4068) [17MR]
Old Spanish Trail: designate as a component of the National Trails
System (see H.R. 4524) [26MY]
Pratt, Elmer (Geronimo): reconsideration of California conviction
and investigation into relative FBI information (see H. Res.
392) [17MR]
Presidio military facility: management (see H.R. 5231) [6OC]
------management (H.R. 3433), consideration (see H. Res. 516)
[10AU]
------management (H.R. 5231), consideration (see H. Res. 576)
[6OC]
Public lands: designate certain desert lands as wilderness (S.
21), consideration of the conference report (see H. Res. 568)
[5OC]
------designate certain desert lands as wilderness (S. 21),
technical corrections in enrollment (see H. Con. Res. 313)
[6OC]
------establish Death Valley and Joshua Tree National Parks and
Mojave National Monument (S. 21), consideration of the
conference report (see H. Res. 568) [5OC]
------establish Death Valley and Joshua Tree National Parks and
Mojave National Monument (S. 21), technical corrections in
enrollment (see H. Con. Res. 313) [6OC]
Redwood Valley Water District: loan authority (see H.R. 4925)
[9AU]
Rivers: prohibit the restoration of certain flows in the San
Joaquin River (see H.R. 5309) [29NO]
Six Rivers National Forest: protection and management of Redwood
forest areas and addition of certain lands and waters (H.R.
2866), consideration (see H. Res. 536) [20SE]
Wildfires: declare state of emergency on Federal lands (see H.R.
4742) [13JY]
Motions
Public lands: designate certain desert lands as wilderness (H.R.
518) [27JY]
------designate certain desert lands as wilderness (S. 21) [27JY]
[4OC]
------establish Death Valley and Joshua Tree National Parks and
Mojave National Monument (H.R. 518) [27JY]
------establish Death Valley and Joshua Tree National Parks and
Mojave National Monument (S. 21) [27JY] [4OC]
Reports by conference committees
California Desert Protection Act (S. 21) [4OC]
Reports filed
California Desert Protection Act: committee of conference (S. 21)
(H. Rept. 103-832) [4OC]
------Committee on Natural Resources (House) (H.R. 518) (H. Rept.
103-498) [10MY]
Consideration of Conference Report on S. 21, California Desert
Protection Act: Committee on Rules (H. Res. 568) (H. Rept.
103-839) [5OC]
Consideration of H.R. 518, California Desert Protection Act:
Committee on Rules (House) (H. Res. 422) (H. Rept. 103-503)
[11MY]
Consideration of H.R. 2866, Protection and Management of Redwood
Forest Areas and Addition of Certain Lands and Waters:
Committee on Rules (House) (H. Res. 536) (H. Rept. 103-732)
[20SE]
Consideration of H.R. 3433, Management of the Presidio Military
Facility: Committee on Rules (House) (H. Res. 516) (H. Rept.
103-696) [10AU]
Consideration of H.R. 5231, Management of the Presidio, CA,
Military Facility: Committee on Rules (House) (H. Res. 576)
(H. Rept. 103-847) [6OC]
Edward J. Schwartz Courthouse and Federal Building, San Diego:
Committee on Public Works and Transportation (House) (H.R.
3770) (H. Rept. 103-457) [24MR]
Federal Recognition of the Paskenta Band of Nomlaki Indians in
California: Committee on Natural Resources (House) (H.R. 5050)
(H. Rept. 103-801) [3OC]
Federal Recognition of the United Auburn Indian Community in
California: Committee on Natural Resources (House) (H.R. 4228)
(H. Rept. 103-619) [25JY]
Headwaters Forest Act: Committee on Natural Resources (House)
(H.R. 2866) (H. Rept. 103-667) [4AU]
Management of the Presidio Military Facility: Committee on Natural
Resources (House) (H.R. 3433) (H. Rept. 103-615) [21JY]
------Committee on Ways and Means (House) (H.R. 3433) (H. Rept.
103-615) [9AU]
Redwood Valley Water District Loan Authority: Committee on Natural
Resources (House) (H.R. 4925) (H. Rept. 103-795) [3OC]
CALIFORNIA DESERT PROTECTION ACT
Appointments
Conferees: S. 21, provisions [4OC]
Bills and resolutions
Enact (S. 21): consideration of the conference report (see H. Res.
568) [5OC]
Motions
Enact (H.R. 518) [27JY]
Reports by conference committees
Provisions (S. 21) [4OC]
Reports filed
Consideration of Conference Report on S. 21, Provisions: Committee
on Rules (H. Res. 568) (H. Rept. 103-839) [5OC]
Consideration of H.R. 518, Provisions: Committee on Rules (House)
(H. Res. 422) (H. Rept. 103-503) [11MY]
[[Page 2710]]
Provisions: committee of conference (S. 21) (H. Rept. 103-832)
[4OC]
------Committee on Natural Resources (House) (H.R. 518) (H. Rept.
103-498) [10MY]
CALLAHAN, SONNY (a Representative from Alabama)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Conferee: H.R. 4426, foreign operations, export financing, and
related programs appropriations [28JY]
------H.R. 4453, military construction appropriations [26JY]
Bills and resolutions introduced by
Citizenship: constitutional amendment to deny citizenship to
persons born in the U.S. to alien parents (see H.J. Res. 396)
[1AU]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
Foreign operations, export financing, and related programs: making
appropriations (H.R. 4426) [25MY]
CALVERT, KEN (a Representative from California)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Conferee: S. 21, California Desert Protection Act [4OC]
Bills and resolutions introduced by
In Celebration of America Week: designate (see H.J. Res. 351)
[13AP]
Social Security: establish procedures for verification of employee
information (see H.R. 4557) [9JN]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
CAMBODIA, STATE OF
Bills and resolutions
Foreign trade: most-favored-nation status (see H.R. 4530) [26MY]
CAMP, DAVE (a Representative from Michigan)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Bills and resolutions introduced by
Dept. of Defense: establish commission to study illnesses incurred
relative to service in combat zones (see H.R. 4990) [18AU]
National Sportsmen's Instruction Week: designate (see H.J. Res.
341) [17MR]
Taxation: treatment of dues paid to tax-exempt agricultural or
horticultural organizations (see H.R. 3951) [3MR]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
CANADA
Bills and resolutions
Ships and vessels: certificates of documentation for certain
barges for employment in the coastwise and Great Lakes trade
with Canada (see H.R. 4633) [22JN]
CANADA-U.S. INTERPARLIAMENTARY GROUP
Appointments
Members [18MY]
CANADY, CHARLES T. (a Representative from Florida)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Conferee: H.R. 3841, Interstate Banking Efficiency Act [12MY]
------S. 636, Freedom of Access to Clinic Entrances Act [17MR]
Bills and resolutions introduced by
Correctional institutions: prison overcrowding remedies (see H.R.
3895) [24FE]
Crime: treatment of hardcore juvenile offenders (see H.R. 4491)
[25MY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
CANAL ZONE
see Panama Canal
CANCER
see Diseases
CANTWELL, MARIA (a Representative from Washington)
Bills and resolutions introduced by
Atlantis III (vessel): certificate of documentation (see H.R.
5058) [19SE]
Freedom of Information Act: establish public access to information
in electronic format (see H.R. 4917) [8AU]
CAPITAL PUNISHMENT
see Courts
CAPITOL BUILDING AND GROUNDS
Bills and resolutions
Monuments and memorials: provide for the placement of a statue
honoring African-American recipients of the Congressional
Medal of Honor (see H. Con. Res. 207) [10FE]
Wallenberg, Raoul: placement of a bust in the Capitol (see H. Con.
Res. 222) [11MR]
Reports filed
Authorize Special Olympics Torch Relay on Capitol Grounds:
Committee on Public Works and Transportation (House) (H. Con.
Res. 236) (H. Rept. 103-510) [18MY]
Authorize Use of the Capitol Building and Grounds for the Greater
Washington Soap Box Derby: Committee on Public Works and
Transportation (House) (H. Con. Res. 238) (H. Rept. 103-515)
[19MY]
CAPITOL POLICE
see Congress
CARDIN, BENJAMIN L. (a Representative from Maryland)
Bills and resolutions introduced by
Baltimore, MD: release of certain lands by Dept. of Defense (see
H.R. 3847) [10FE]
Medicare: coverage of colorectal screening (see H.R. 4167) [12AP]
Taxation: church pension benefit plans (see H.R. 3970) [8MR]
------market discount rules for municipal bonds (see H.R. 4714)
[30JN]
------treatment of foreign source income of multi-national
insurance agents (see H.R. 4626) [22JN]
------treatment of small publishing businesses as subchapter S
corporations or partnerships (see H.R. 3952) [3MR]
CARGO TRANSPORTATION
related term(s) Airlines, Airports, and Aeronautics; Merchant Marine
Industry; Railroads; Shipping Industry; Transportation; Trucking
Industry
Bills and resolutions
Merchant marine industry: authorize appropriations for certain
maritime programs and revitalize U.S.-flag merchant marine
(H.R. 4003), consideration (see H. Res. 500) [1AU]
Ships and vessels: improve the safety of towing vessels (see H.R.
4058) [16MR]
Motions
Merchant marine industry: authorize appropriations for certain
maritime programs and revitalize U.S.-flag merchant marine
(H.R. 4003) [2AU]
Reports filed
Ballast Water Management Act: Committee on Merchant Marine and
Fisheries (House) (H.R. 3360) (H. Rept. 103-440) [21MR]
Consideration of H.R. 4003, Maritime Administration and
Promotional Reform Act: Committee on Rules (House) (H. Res.
500) (H. Rept. 103-646) [1AU]
Coverage of Federal Labor Laws on Foreign Documented Vessels:
Committee on Education and Labor (House) (H.R. 1517) (H. Rept.
103-818) [3OC]
Maritime Programs Appropriations and Revitalization of U.S.-Flag
Merchant Marine: Committee on Ways and Means (House) (H.R.
4003) (H. Rept. 103-544) [29JY]
National Shipbuilding Initiative: Committee on Merchant Marine and
Fisheries (House) (H.R. 2547) (H. Rept. 103-420) [9FE]
CARIBBEAN NATIONS
Bills and resolutions
Haiti: adjustment of lawful permanent resident status of Haitians
in the U.S. (see H.R. 4249) [19AP]
Messages
Haitian Embargo: President Clinton [23MY]
Reports filed
Consideration of H.J. Res. 416, Presence of U.S. Armed Forces in
Haiti: Committee on Rules (House) (H. Res. 570) (H. Rept. 103-
840) [5OC]
Presence of U.S. Armed Forces in Haiti: Committee on Foreign
Affairs (House) (H.J. Res. 416) (H. Rept. 103-819) [3OC]
CARR, BOB (a Representative from Michigan)
Appointments
Conferee: H.R. 3759, making supplemental appropriations [10FE]
------H.R. 4454, legislative branch of the Government
appropriations [28JN]
------H.R. 4556, Dept. of Transportation and related agencies
appropriations [20SE]
Bills and resolutions introduced by
Aliens: negotiation of prisoner transfer treaties (see H.R. 4627)
[22JN]
Crime: sentencing guidelines for individuals with previous
convictions of violent crimes (see H.R. 3924) [1MR]
------telemarketing fraud (see H.R. 4399) [12MY]
Dept. of Transportation and related agencies: making
appropriations (see H.R. 4556) [9JN]
Reports by conference committees
Dept. of Transportation and Related Agencies Appropriations (H.R.
4556) [26SE]
Reports filed
Dept. of Transportation and Related Agencies Appropriations:
Committee on Appropriations (House) (H.R. 4556) (H. Rept. 103-
543) [9JN] [13JN]
------committee of conference (H.R. 4556) (H. Rept. 103-752)
[26SE]
CASTLE, MICHAEL N. (a Representative from Delaware)
Appointments
Conferee: H.R. 3355, Violent Crime Control and Law Enforcement Act
[19AU]
------H.R. 4299, intelligence services appropriations [13SE]
------S. 2000, Head Start, LIHEAP, Community Development Block
Grant Program, and Coordinated Services for Children, Youth,
and Families reauthorization [28AP]
Bills and resolutions introduced by
Budget: establish a reserve account for expenditures relative to
emergencies (see H.R. 4189) [13AP]
Firearms: codify regulations restricting the sale and donation of
excess firearms held by Federal agencies (see H.R. 4103)
[22MR]
House of Representatives: prohibit franked mail (see H.R. 4327)
[3MY]
Public welfare programs: establish a special ad hoc committee to
review and report on welfare system reform (see H. Res. 330)
[25JA]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
Federal employees: employee training restrictions, and temporary
voluntary separation incentive (H.R. 3345) [11MR]
------employee training restrictions, and temporary voluntary
separation incentive (H.R. 3345), conference report [23MR]
CENTRAL AMERICA
Messages
Termination of the Blocking of Panamanian Government Assets:
President Clinton [3OC]
Reports filed
Panama Canal Operation and Maintenance Appropriations: Committee
on Merchant Marine and Fisheries (House) (H.R. 4246) (H. Rept.
103-526) [24MY]
CENTRAL INTELLIGENCE AGENCY
Appointments
Conferees: H.R. 4299, intelligence services appropriations [13SE]
Bills and resolutions
Intelligence services: authorizing appropriations (H.R. 4299),
consideration (see H. Res. 468) [28JN]
------authorizing appropriations (H.R. 4299), consideration of
conference report (see H. Res. 555) [29SE]
------identification of construction projects in budget
submissions and authorization of such projects (see H.R. 4940)
[11AU]
[[Page 2711]]
Reports by conference committees
Intelligence Services Appropriations (H.R. 4299) [27SE]
Reports filed
Consideration of Conference Report on H.R. 4299, Intelligence
Services Appropriations: Committee on Rules (House) (H. Res.
555) (H. Rept. 103-766) [29SE]
Consideration of H.R. 4299, Intelligence Services Appropriations:
Committee on Rules (House) (H. Res. 468) (H. Rept. 103-566)
[28JN]
Intelligence Services Appropriations: committee of conference
(H.R. 4299) (H. Rept. 103-753) [27SE]
CHAPMAN, JIM (a Representative from Texas)
Appointments
Conferee: H.R. 4454, legislative branch of the Government
appropriations [28JN]
------H.R. 4624, Depts. of Veterans Affairs, HUD, and sundry
independent agencies appropriations [17AU]
Bills and resolutions introduced by
Ecology and environment: provide assistance to rural and
disadvantaged communities under the State water pollution
control revolving loan program (see H.R. 3810) [8FE]
Firearms: repeal semi-automatic assault weapons and large capacity
ammunition feeding devices ban (see H.R. 5100) [26SE]
Sam B. Hall, Jr., Federal Building and U.S. Courthouse, Marshall,
TX: designate (see H.R. 3840) [10FE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
CHARITIES
related term(s) Tax-Exempt Organizations
Bills and resolutions
Surplus Government property: distribution to nonprofit
organizations providing assistance to the hungry or indigent
(see H.R. 4392) [11MY]
Taxation: mileage rate deduction for charitable use of passenger
automobiles (see H.R. 4748) [13JY]
------treatment of contributions made to organizations supporting
at-risk youth and teenagers (see H.R. 4899) [4AU]
Reports filed
Transfer to States Certain Surplus Property for Donation to
Impoverished Individuals: Committee on Government Operations
(House) (H.R. 2461) (H. Rept. 103-656) [3AU]
CHELAN COUNTY, WA
Bills and resolutions
Wenatachee National Forest: exchange lands (see H.R. 4993) [18AU]
CHEMICAL DEPENDENCY NURSES WEEK
Bills and resolutions
Designate (see H.J. Res. 314) [1FE]
CHEMICAL INDUSTRIES
see Chemicals
CHEMICAL WEAPONS
related term(s) Weapons
Bills and resolutions
Foreign trade: administration of export controls (see H.R. 3937)
[2MR]
Messages
Chemical and Biological Weapons: President Clinton [23MY]
Reports filed
Consideration of H.R. 3937, Export Administration Act: Committee
on Rules (House) (H. Res. 474) (H. Rept. 103-596) [12JY]
Export Administration Act: Committee on Armed Services (House)
(H.R. 3937) (H. Rept. 103-531) [17JN]
------Committee on Foreign Affairs (House) (H.R. 3937) (H. Rept.
103-531) [25MY]
------Committee on Intelligence (House, Select) (H.R. 3937) (H.
Rept. 103-531) [16JN]
------Committee on Ways and Means (House) (H.R. 3937) (H. Rept.
103-531) [17JN]
CHEMICALS
Bills and resolutions
Air pollution: repeal certain Clean Air Act stratospheric ozone
protection provisions (see H.R. 5216) [6OC]
Tariff: C.I. pigment yellow 139 (see H.R. 5196) [5OC]
------nickel isoindoline pigment (see H.R. 5197) [5OC]
------reliquidation of certain entries of imported chemicals (see
H.R. 4674) [29JN]
CHILD ABUSE
see Crime
CHILD ABUSE ACCOUNTABILITY ACT
Reports filed
Provisions: Committee on Post Office and Civil Service (House)
(H.R. 3694) (H. Rept. 103-721) [19SE]
CHILD NUTRITION ACT
Reports filed
Extension of Certain Nutrition and School Lunch Programs:
Committee on Agriculture (House) (H.R. 8) (H. Rept. 103-535)
[24JN]
------Committee on Education and Labor (House) (H.R. 8) (H. Rept.
103-535) [8JN]
CHILD SAFETY PROTECTION ACT
Appointments
Conferees: H.R. 965, provisions [13AP]
Reports by conference committees
Provisions (H.R. 965) [11MY]
Reports filed
Provisions: committee of conference (H.R. 965) (H. Rept. 103-500)
[11MY]
CHILDREN AND YOUTH
related term(s) Colleges and Universities; Education; Families and
Domestic Relations; Schools; Toys
Appointments
Commission on Child and Family Welfare [22MR] [12AP]
Conferees: H.R. 6, education programs appropriations [20SE] [21SE]
------H.R. 965, Child Safety Protection Act [13AP]
------H.R. 1804, Goals 2000--Educate America Act [23FE] [11MR]
------S. 2000, Head Start, LIHEAP, Community Development Block
Grant Program, and Coordinated Services for Children, Youth,
and Families reauthorization [28AP]
Coordinating Council on Juvenile Justice and Delinquency
Prevention [21JN]
Bills and resolutions
Capitol Building and Grounds: authorizing use of grounds for
Greater Washington Soap Box Derby (see H. Con. Res. 238)
[13AP]
Child support: improve collection system (see H.R. 5225) [6OC]
Community service: provide grants to local governments and
community-based organizations for mentor programs (see H.R.
4186) [13AP]
Crime: availability of information to employers relative to child-
related sex offenses (see H. Con. Res. 203) [8FE]
------Federal penalties for child molestation (see H.R. 4450)
[18MY]
------require that State laws relating to certain assaults be
enforced without regard to the age of the victim (see H.R.
4526) [26MY]
Dept. of State: passport denials to noncustodial parents subject
to State arrest warrants for nonpayment of child support (see
H.R. 5175) [4OC]
Diseases: disclosure of HIV status of newborn infants to the legal
guardians (see H.R. 4507) [26MY]
Education: authorizing appropriations for certain programs (H.R.
6), consideration of conference report (see H. Res. 556)
[29SE]
------national policy to improve system (H.R. 1804), corrections
in enrollment (see H. Con. Res. 230) [23MR]
Families and domestic relations: placement of children for
adoption and foster care relative to race, color, or national
origin (see H.R. 4181) [12AP]
------strengthen and preserve families and develop parental
education programs (see H.R. 4187) [13AP]
Federal aid programs: reauthorization of Head Start, LIHEAP,
Community Development Block Grant Program, and Coordinated
Services for Children, Youth, and Families (S. 2000),
consideration of conference report (see H. Res. 421) [11MY]
Financial institutions: prohibit FDIC insured institutions from
imposing fees on deposits of rolled coins by individuals under
a certain age (see H.R. 5051) [19SE]
Firearms: compensation for crime victims from persons who provide
firearms to disqualified individuals (see H.R. 5284) [7OC]
Foreign trade: prohibit import of goods produced by child labor
(see H.R. 4693) [30JN]
Health: access to long-term care services (see H.R. 4632) [22JN]
------ensure equal coverage of children under family class
enrollment plans in health care reform (see H.R. 4829) [26JY]
Individuals With Disabilities Education Act: treatment of disabled
children charged with firearms possession (see H.R. 4395)
[11MY]
Interactive Entertainment Rating Commission: establish (see H.R.
3785) [3FE]
Medicaid: State coverage of children with special health care
needs (see H.R. 4687) [30JN]
National Foster Care Month: designate (see H.J. Res. 306) [25JA]
National Gang Violence Prevention Week: designate (see H.J. Res.
391) [20JY]
National Good Teen Day: designate (see H.J. Res. 326) [22FE]
Pediatric and Adolescent AIDS Awareness Week: designate (see H.J.
Res. 334) [10MR]
SSI: eliminate fraud in disability benefits to children (see H.R.
4281) [21AP]
------provide benefits to needy children for health, child care,
and other support services (see H.R. 3737) [26JA]
Taxation: tax credit for purchase of child restraint systems for
motor vehicles (see H.R. 5068) [21SE]
------treatment of children's income attributable to personal
injury awards (see H.R. 4846) [28JY]
------treatment of contributions made to organizations supporting
at-risk youth and teenagers (see H.R. 4899) [4AU]
Motions
Education: authorizing appropriations for certain programs (H.R.
6) [20SE]
------authorizing appropriations for certain programs (H.R. 6),
conference report [30SE]
------national policy to improve system (H.R. 1804) [23FE]
------national policy to improve system (H.R. 1804), conference
report [23MR]
Federal aid programs: reauthorization of Head Start, LIHEAP,
Community Development Block Grant Program, and Coordinated
Services for Children, Youth, and Families (S. 2000) [28AP]
Reports by conference committees
Child Safety Protection Act (H.R. 965) [11MY]
Education Programs Appropriations (H.R. 6) [28SE]
Goals 2000--Educate America Act (H.R. 1804) [21MR]
Head Start, LIHEAP, Community Development Block Grant Program, and
Coordinated Services for Children, Youth, and Families
Reauthorization (S. 2000) [9MY]
Reports filed
Authorize Use of the Capitol Building and Grounds for the Greater
Washington Soap Box Derby: Committee on Public Works and
Transportation (House) (H. Con. Res. 238) (H. Rept. 103-515)
[19MY]
Child Safety Protection Act: committee of conference (H.R. 965)
(H. Rept. 103-500) [11MY]
Consideration of Conference Report on H.R. 6, Education Programs
Appropriations: Committee on Rules (House) (H. Res. 556) (H.
Rept. 103-767) [29SE]
Consideration of Conference Report on S. 2000, Reauthorization of
Certain Federal Aid Programs: Committee on Rules (House) (H.
Res. 421) (H. Rept. 103-502) [11MY]
Consideration of H.R. 6, Education Programs Appropriations:
Committee on Rules (House) (H. Res. 366) (H. Rept. 103-426)
[23FE]
Education Programs Appropriations: committee of conference (H.R.
6) (H. Rept. 103-761) [28SE]
------Committee on Education and Labor (House) (H.R. 6) (H. Rept.
103-425) [22FE]
Extension of Certain Nutrition and School Lunch Programs:
Committee on Agriculture (House) (H.R. 8) (H. Rept. 103-535)
[24JN]
[[Page 2712]]
------Committee on Education and Labor (House) (H.R. 8) (H. Rept.
103-535) [8JN]
Garnishment of Federal Retirement Annuities Relative to a Judgment
Against an Annuitant for Child Abuse: Committee on Post Office
and Civil Service (House) (H.R. 3694) (H. Rept. 103-721)
[19SE]
Goals 2000--Educate America Act: committee of conference (H.R.
1804) (H. Rept. 103-446) [21MR]
Head Start, LIHEAP, Community Development Block Grant Program, and
Coordinated Services for Children, Youth, and Families
Reauthorization: committee of conference (S. 2000) (H. Rept.
103-497) [9MY]
Head Start Program and Community Development Block Grant Program
Reauthorization: Committee on Education and Labor (House)
(H.R. 4250) (H. Rept. 103-483) [26AP]
Prosecution of Juveniles as Adults for Certain Violent Offenses:
Committee on the Judiciary (House) (H.R. 4031) (H. Rept. 103-
465) [12AP]
Sexual Exploitation of Children: Committee on the Judiciary
(House) (H.R. 3993) (H. Rept. 103-469) [12AP]
Strengthen Federal Prohibitions Against Assaulting Children:
Committee on the Judiciary (House) (H.R. 1120) (H. Rept. 103-
461) [12AP]
Urban Recreation and At-Risk Youth Act: Committee on Natural
Resources (House) (H.R. 4034) (H. Rept. 103-444) [21MR]
Waiving Points of Order Against Conference Report on H.R. 1804,
Goals 2000--Educate America Act: Committee on Rules (House)
(H. Res. 393) (H. Rept. 103-447) [21MR]
CHINA, PEOPLE'S REPUBLIC OF
Bills and resolutions
Foreign trade: most-favored-nation status (see H.J. Res. 373)
[8JN]
------most-favored-nation status (H.J. Res. 373), consideration
(see H. Res. 509) [5AU]
------most-favored-nation status (H.R. 4590), consideration (see
H. Res. 509) [5AU]
Human rights: promote respect (see H.R. 4891) [3AU]
Messages
Exports to the People's Republic of China: President Clinton
[13JY]
Fishing Agreement With the People's Republic of China: President
Clinton [20SE]
Reports filed
Consideration of H.J. Res. 373, Most-Favored-Nation Status for the
People's Republic of China: Committee on Rules (House) (H.
Res. 509) (H. Rept. 103-673) [5AU]
Consideration of H.R. 4590, Most-Favored-Nation Status for the
People's Republic of China: Committee on Rules (House) (H.
Res. 509) (H. Rept. 103-673) [5AU]
Most-Favored-Nation Status for the People's Republic of China:
Committee on Ways and Means (House) (H.J. Res. 373) (H. Rept.
103-575) [30JN]
------Committee on Ways and Means (House) (H.R. 4590) (H. Rept.
103-640) [1AU]
CHIROPRACTORS
see Health Care Professionals
CHRISSY (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 4500) [25MY]
CIGARETTES
see Tobacco Products
CITIES
see Urban Areas
CITIZENSHIP
Bills and resolutions
Immigration: change laws relative to nationality and
naturalization (H.R. 783), concur with Senate amendment with
an amendment (see H. Res. 533) [20SE]
Salli, Rudolph: confer posthumous citizenship (see H.R. 4045)
[16MR]
CIVIL DISOBEDIENCE
Appointments
Conferees: S. 636, Freedom of Access to Clinic Entrances Act
[17MR]
Bills and resolutions
Health care facilities: access to clinic entrances (S. 636),
request conference with the Senate (see H. Res. 374) [2MR]
------access to clinic entrances (S. 636), waiving points of order
against conference report (see H. Res. 417) [4MY]
Motions
Health care facilities: access to clinic entrances (S. 636) [17MR]
------access to clinic entrances (S. 636), conference report [5MY]
Reports by conference committees
Freedom of Access to Clinic Entrances Act (S. 636) [2MY]
Reports filed
Freedom of Access to Clinic Entrances Act: committee of conference
(S. 636) (H. Rept. 103-488) [2MY]
Request Conference With Senate on S. 636, Freedom of Access to
Clinic Entrances Act: Committee on Rules (House) (H. Res. 374)
(H. Rept. 103-427) [2MR]
Waiving Points of Order Against Conference Report on S. 636,
Freedom of Access to Clinic Entrances Act: Committee on Rules
(House) (H. Res. 417) (H. Rept. 103-493) [4MY]
CIVIL LIBERTIES
related term(s) Civil Rights; Human Rights
Appointments
Conferees: S. 636, Freedom of Access to Clinic Entrances Act
[17MR]
Bills and resolutions
Abortion: outline constitutional protections of unborn persons
(see H.J. Res. 394) [28JY]
China, People's Republic of: most-favored-nation status (see H.J.
Res. 373) [8JN]
------most-favored-nation status (H.J. Res. 373), consideration
(see H. Res. 509) [5AU]
------most-favored-nation status (H.R. 4590), consideration (see
H. Res. 509) [5AU]
Courts: Federal recognition of certain State laws relative to
confidentiality privileges (see H.R. 3985) [9MR]
Dept. of HUD: discourage interference with the exercise of the
rights of free speech, free association, and the petition of
Government for redress of grievances (see H. Con. Res. 294)
[22SE]
Diseases: disclosure of HIV status of newborn infants to the legal
guardians (see H.R. 4507) [26MY]
Education: periods of silence in classrooms (see H. Con. Res. 208)
[23FE]
EEOC: guidelines relative to religious harassment in employment
(see H. Con. Res. 265) [12JY]
Federal employees: privacy rights (see H. Con. Res. 227) [18MR]
Flag--U.S.: constitutional amendment to prohibit desecration (see
H.J. Res. 428) [7OC]
Government: reduce power and reach of Federal Government (see H.R.
4585) [16JN]
Guam: restitution to certain individuals for treatment during
World War II (see H.R. 4741) [13JY]
Health care facilities: access to clinic entrances (S. 636),
request conference with the Senate (see H. Res. 374) [2MR]
------access to clinic entrances (S. 636), waiving points of order
against conference report (see H. Res. 417) [4MY]
India: independence anniversary (see H. Res. 430) [18MY]
Kashmir World Action Day: designate (see H. Res. 477) [12JY]
Religion: constitutional amendment on free exercise (see H.J. Res.
407) [12SE]
Motions
Health care facilities: access to clinic entrances (S. 636) [17MR]
------access to clinic entrances (S. 636), conference report [5MY]
Reports by conference committees
Freedom of Access to Clinic Entrances Act (S. 636) [2MY]
Reports filed
Administrative Review of Federal Employees Discrimination Claims:
Committee on Post Office and Civil Service (House) (H.R. 2721)
[19AU]
Consideration of H.J. Res. 373, Most-Favored-Nation Status for the
People's Republic of China: Committee on Rules (House) (H.
Res. 509) (H. Rept. 103-673) [5AU]
Consideration of H.R. 4590, Most-Favored-Nation Status for the
People's Republic of China: Committee on Rules (House) (H.
Res. 509) (H. Rept. 103-673) [5AU]
Employment Discrimination Claims Review: Committee on Education
and Labor (House) (H.R. 2721) (H. Rept. 103-599) [13JY]
Freedom of Access to Clinic Entrances Act: committee of conference
(S. 636) (H. Rept. 103-488) [2MY]
Most-Favored-Nation Status for the People's Republic of China:
Committee on Ways and Means (House) (H.J. Res. 373) (H. Rept.
103-575) [30JN]
------Committee on Ways and Means (House) (H.R. 4590) (H. Rept.
103-640) [1AU]
Request Conference With Senate on S. 636, Freedom of Access to
Clinic Entrances Act: Committee on Rules (House) (H. Res. 374)
(H. Rept. 103-427) [2MR]
Waiving Points of Order Against Conference Report on S. 636,
Freedom of Access to Clinic Entrances Act: Committee on Rules
(House) (H. Res. 417) (H. Rept. 103-493) [4MY]
CIVIL RIGHTS
related term(s) Civil Liberties; Commission on Civil Rights; Human
Rights; Racial Relations
Bills and resolutions
Capital punishment: use of racially based quotas to determine
sentencing (see H. Con. Res. 316) [7OC]
Colleges and universities: eliminate segregationist language from
certain laws relative to funding of State universities (see
H.R. 5310) [29NO]
Commission on Civil Rights: activities (see H.R. 4999) [19AU]
Courts: prevent racially discriminatory capital sentencing (see
H.R. 4017) [11MR]
Crime: require that State laws relating to certain assaults be
enforced without regard to the age of the victim (see H.R.
4526) [26MY]
EEOC: guidelines relative to religious harassment in employment
(see H. Con. Res. 265) [12JY]
Employment: establish that English language usage requirements may
cause an adverse and disparate effect on employees and
applicants (see H.R. 5127) [28SE]
Medgar Wiley Evers Post Office, Jackson, MS: designate (see H.R.
3863) [10FE]
Social Security: require nondiscrimination policies for State
hospitals and nursing facilities receiving funds (see H.R.
5104, 5105) [26SE]
Motions
Commission on Civil Rights: reauthorize (S. 2372) [3OC]
Reports filed
Administrative Review of Federal Employees Discrimination Claims:
Committee on Post Office and Civil Service (House) (H.R. 2721)
[19AU]
Commission on Civil Rights Management Activities: Committee on the
Judiciary (House) (H.R. 4999) (H. Rept. 103-775) [3OC]
Employment Discrimination Claims Review: Committee on Education
and Labor (House) (H.R. 2721) (H. Rept. 103-599) [13JY]
Improve Administration of the Women's Rights National Historical
Park: Committee on Natural Resources (House) (H.R. 359) (H.
Rept. 103-814) [3OC]
Martin Luther King, Jr., Federal Holiday Commission and Establish
Martin Luther King, Jr., Day as Day of National Community
Service: Committee on Post Office and Civil Service (House)
(H.R. 1933) (H. Rept. 103-418) [7FE]
Racially Discriminatory Capital Sentencing: Committee on the
Judiciary (House) (H.R. 4017) (H. Rept. 103-458) [24MR]
CIVIL WAR HISTORY MONTH
Bills and resolutions
Designate (see H.J. Res. 318) [3FE]
CIVIL WAR--U.S.
Bills and resolutions
Civil War History Month: designate (see H.J. Res. 318) [3FE]
[[Page 2713]]
Taxation: encourage preservation of Civil War battlefields (see
H.R. 4823) [25JY]
Reports filed
Corinth, MS, Civil War Battlefield Interpretive Center
Appropriations: Committee on Natural Resources (House) (S.
986) (H. Rept. 103-813) [3OC]
CLAIMS
Bills and resolutions
Courts: awards limitation on false claims actions (see H.R. 3849)
[10FE]
Reports filed
Alaska Native Claims Settlement Act Amendments: Committee on
Natural Resources (House) (H.R. 3612) (H. Rept. 103-805) [3OC]
Native American Land and Water Claims Technical Amendments:
Committee on Natural Resources (House) (S. 1654) (H. Rept.
103-479) [19AP]
Resolution of Arizona Land Claims: Committee on Natural Resources
(House) (S. 1233) (H. Rept. 103-773) [3OC]
------Committee on the Judiciary (House) (S. 1233) (H. Rept. 103-
773) [3OC]
Technical Amendments to Legislation Relative to Land and Water
Claims of Native Americans: Committee on Natural Resources
(House) (H.R. 4709) (H. Rept. 103-704) [16AU]
CLASSIFIED INFORMATION
Bills and resolutions
Intelligence services: identification of construction projects in
budget submissions and authorization of such projects (see
H.R. 4940) [11AU]
CLAY, WILLIAM (BILL) (a Representative from Missouri)
Appointments
Conferee: H.R. 820, National Competitiveness Act [19JY]
------H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 2739, Airport and Airway Improvement Act appropriations
[26JY]
------H.R. 3345, Federal Workforce Restructuring Act [11MR]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------S. 21, California Desert Protection Act [4OC]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Committee on Post Office and Civil Service (House): expenses for
investigations and studies (see H. Res. 364) [22FE]
Federal employees: employee training restrictions, and temporary
voluntary separation incentive (H.R. 3345), consideration of
Senate amendment (see H. Res. 380) [8MR]
Howard University: revise and extend endowment program (see H.R.
3740) [26JA]
John L. Lawler, Jr., Post Office, Florissant, MO: designate (see
H.R. 4596) [17JN]
Marian Oldham Post Office, St. Louis, MO: designate (see H.R.
4595) [17JN]
Postal Inspection Service: compensation for wrongful arrest on
narcotics charges (see H.R. 4695) [30JN]
Postal Service: provide for reemployment procedures for
individuals improperly discharged due to fraudulent narcotics
charges (see H.R. 5139) [30SE]
------require Presidential appointment for Inspector General, and
prevent use of paid confidential informants in narcotics
investigations (see H.R. 4400) [12MY]
Reports by conference committees
Federal Workforce Restructuring Act (H.R. 3345) [16MR]
Reports filed
Activities of the Committee on Post Office and Civil Service
During the 103d Congress: Committee on Post Office and Civil
Service (House) (H. Rept. 103-876) [20DE]
Administrative Review of Federal Employees Discrimination Claims:
Committee on Post Office and Civil Service (House) (H.R. 2721)
(H. Rept. 103-599) [19AU]
Coverage of Court Officials Under Federal Employees Group Life
Insurance Program: Committee on Post Office and Civil Service
(House) (H.R. 3297) (H. Rept. 103-855) [7OC]
Dept. of Defense Overseas Teacher Pay and Personnel Practices:
Committee on Post Office and Civil Service (House) (H.R. 3499)
(H. Rept. 103-598) [13JY]
Federal Employees Family Friendly Leave Act: Committee on Post
Office and Civil Service (House) (H.R. 4361) (H. Rept. 103-
722) [19SE]
Federal Workforce Restructuring Act: committee of conference (H.R.
3345) (H. Rept. 103-435) [16MR]
FEGLI Living Benefits Act: Committee on Post Office and Civil
Service (House) (H.R. 512) (H. Rept. 103-608) [18JY]
Garnishment of Federal Retirement Annuities Relative to a Judgment
Against an Annuitant for Child Abuse: Committee on Post Office
and Civil Service (House) (H.R. 3694) (H. Rept. 103-721)
[19SE]
Health Security Act: Committee on Post Office and Civil Service
(House) (H.R. 3600) (H. Rept. 103-601) [7OC]
Martin Luther King, Jr., Federal Holiday Commission and Establish
Martin Luther King, Jr., Day as Day of National Community
Service: Committee on Post Office and Civil Service (House)
(H.R. 1933) (H. Rept. 103-418) [7FE]
National Pearl Harbor Remembrance Day: Committee on Post Office
and Civil Service (House) (H.J. Res. 131) (H. Rept. 103-595)
[12JY]
Office of Government Ethics Appropriations: Committee on Post
Office and Civil Service (House) (H.R. 2289) (H. Rept. 103-
785) [3OC]
Office of Special Counsel Reauthorization: Committee on Post
Office and Civil Service (House) (H.R. 2970) (H. Rept. 103-
769) [30SE]
Postal Inspection Service and Inspector General Act: Committee on
Post Office and Civil Service (House) (H.R. 4400) (H. Rept.
103-561) [27JN]
Reemployment of Postal Service Retirees in Temporary Positions
Relative to Annuity Offsets: Committee on Post Office and
Civil Service (House) (H.R. 3246) (H. Rept. 103-594) [12JY]
Workplace Safety for Federal and Postal Service Employees:
Committee on Post Office and Civil Service (House) (H.R. 115)
(H. Rept. 103-858) [7OC]
CLAYTON, EVA M. (a Representative from North Carolina)
Bills and resolutions introduced by
Housing: reform rural housing policies (see H.R. 4579) [14JN]
Rural areas: credit and financial services to residents, public
services, and businesses (see H.R. 4129) [24MR]
CLEAN AIR ACT
related term(s) Ecology and Environment
Appointments
National Urban Air Toxics Research Center [22JY]
Bills and resolutions
Air pollution: transfer of air emission credits from military
installation closures to redevelopment authority (see H.R.
4182) [13AP]
Amendments: repeal (see H.R. 5217) [6OC]
Motor vehicles: area redesignation and inspection and maintenance
programs (see H.R. 5304) [29NO]
------provide Federal assistance for compliance with inspection
and maintenance requirements and employee trip reduction
requirements under the Clean Air Act (see H.R. 5205) [6OC]
Requirements: application of certain (see H.R. 4952) [12AU]
States: implementation plans (see H.R. 4951, 4953) [12AU]
------selective inspection and maintenance programs as part of
State implementation plans (see H. Con. Res. 309) [6OC]
CLEMENT, BOB (a Representative from Tennessee)
Appointments
Committee for the Funeral of William H. Natcher [15SE]
Conferee: H.R. 2739, Airport and Airway Improvement Act
appropriations [26JY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
CLERGY
see Religion
CLIMATE
see Weather
CLINGER, WILLIAM F., JR. (a Representative from Pennsylvania)
Appointments
Conferee: H.R. 820, National Competitiveness Act [19JY]
------H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 2739, Airport and Airway Improvement Act appropriations
[26JY]
------H.R. 3345, Federal Workforce Restructuring Act [11MR]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------H.R. 4299, intelligence services appropriations [13SE]
------S. 1587, Federal Acquisition Streamlining Act [4AU]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Health care professionals: incentives for service in rural areas
(see H.R. 4377) [10MY]
Medicare: payments to hospitals for inpatient services (see H.R.
4378) [10MY]
Public Health Service: rural hospital services (see H.R. 4378)
[10MY]
Railroads: recommend dismantlement of Railroad Retirement System
(see H. Res. 582) [7OC]
Telephones: inclusion of natural disaster survival techniques and
information in directories (see H. Con. Res. 213) [28FE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
CLOTHING INDUSTRY
Bills and resolutions
National American Lacemaker Month: designate (see H.J. Res. 352)
[13AP]
CLYBURN, JAMES E. (a Representative from South Carolina)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Bills and resolutions introduced by
Matthew J. Perry, Jr., U.S. Courthouse, Columbia, SC: designate
(see H.R. 4543) [8JN]
Whittaker, Johnson C.: issuance of posthumous commission to second
lieutenant in the Army (see H.R. 3925) [1MR]
COAL
related term(s) Power Resources
Bills and resolutions
Appalachian Coal Heritage Area: establish (see H.R. 4692) [30JN]
West Virginia: preservation of lands and structures relative to
coal mining heritage (see H.R. 3988) [9MR]
COAST GUARD
Bills and resolutions
Real property: transfer certain property (see H.R. 4436) [17MY]
Ships and vessels: maintenance of vessels in foreign shipyards
(see H.R. 4666) [28JN]
------use of the International Tonnage Convention measurement
system in design and construction (see H.R. 5136) [29SE]
Reports filed
Coast Guard Appropriations: Committee on Merchant Marine and
Fisheries (House) (H.R. 4422) (H. Rept. 103-706) [16AU]
Consideration of H.R. 4422, Coast Guard Appropriations: Committee
on Rules (House) (H. Res. 535) (H. Rept. 103-535) [20SE]
COASTAL ZONES
Bills and resolutions
Flower Garden Banks National Marine Sanctuary: modify boundaries
(see H.R. 3886) [23FE]
Marinas: treatment as offshore facilities (see H. Con. Res. 262)
[28JN]
[[Page 2714]]
Reports filed
Coast Guard Appropriations: Committee on Merchant Marine and
Fisheries (House) (H.R. 4422) (H. Rept. 103-706) [16AU]
Consideration of H.R. 4422, Coast Guard Appropriations: Committee
on Rules (House) (H. Res. 535) (H. Rept. 103-535) [20SE]
Fishermen's Protective Act: Committee on Merchant Marine and
Fisheries (House) (H.R. 3817) (H. Rept. 103-585) [12JY]
Flower Garden Banks National Marine Sanctuary Boundary
Modification: Committee on Merchant Marine and Fisheries
(House) (H.R. 3886) (H. Rept. 103-441) [21MR]
COBLE, HOWARD (a Representative from North Carolina)
Appointments
Conferee: S. 1485, Satellite Carrier Compulsory License Extension
Act [16AU]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Tariff: 5-chloro-2-(2,4-dichlorophenoxy) phenol (see H.R. 3995)
[10MR]
------machinery (see H.R. 3848) [10FE]
TV Nation Day: designate (see H.J. Res. 365) [10MY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
COELHO, TONY (a former Representative from California)
Appointments
Commission on the Roles and Capabilities of the U.S. Intelligence
Community [29NO]
COINS
Bills and resolutions
Financial institutions: prohibit FDIC insured institutions from
imposing fees on deposits of rolled coins by individuals under
a certain age (see H.R. 5051) [19SE]
One dollar coin: issue (see H.R. 5168) [4OC]
COLEMAN, RONALD D. (a Representative from Texas)
Appointments
Committee for the Funeral of William H. Natcher [15SE]
Conferee: H.R. 4299, intelligence services appropriations [13SE]
------H.R. 4453, military construction appropriations [26JY]
------H.R. 4556, Dept. of Transportation and related agencies
appropriations [20SE]
------H.R. 4602, Dept. of the Interior and related agencies
appropriations [13SE]
Mexico-U.S. Interparliamentary Group [17MR]
North Atlantic Assembly [25MY]
Bills and resolutions introduced by
Roads and highways: establish highway corridor demonstration
project from Chihuahua, Mexico, through El Paso, TX, to
Denver, CO (see H.R. 5210) [6OC]
COLLEGES AND UNIVERSITIES
related term(s) Education; Schools
Bills and resolutions
Civil rights: eliminate segregationist language from certain laws
relative to funding of State universities (see H.R. 5310)
[29NO]
Federal aid programs: qualifications for certain education
programs (see H.R. 4341) [4MY]
Higher Education Accumulation Program: establish to allow tax
deductible donations (see H.R. 3897) [24FE]
Howard University: revise and extend endowment program (see H.R.
3740) [26JA]
Martin University: participation in certain education programs
(see H.R. 4342) [4MY]
Reports filed
National Academy of Science, Space, and Technology Establishment
at State Universities: Committee on Public Works and
Transportation (House) (H.R. 1638) (H. Rept. 103-512) [19MY]
COLLINS, BARBARA-ROSE (a Representative from Michigan)
Appointments
Conferee: H.R. 820, National Competitiveness Act [19JY]
Interparliamentary Union [17MR]
Bills and resolutions introduced by
Children and youth: provide grants to local governments and
community-based organizations for mentor programs (see H.R.
4186) [13AP]
Crime: extend mail fraud prohibitions to include private and
commercial interstate carriers (see H.R. 4069) [17MR]
Employment: establish a public works and public service job
training program (see H.R. 4184) [13AP]
Families and domestic relations: strengthen and preserve families
and develop parental education programs (see H.R. 4187) [13AP]
Federal Coordinating Council on Community Safety and Empowerment:
establish (see H.R. 4185) [13AP]
Postal Service: authority to issue civil investigative demands
relative to mail fraud investigations (see H.R. 4071) [17MR]
------forfeiture of property in mail or wire fraud investigations
and allocation of proceeds from forfeitures (see H.R. 4070)
[17MR]
Public Health Service: improve health of minorities (see H.R.
3896) [24FE]
Theodore Levin Federal Building and U.S. Courthouse, Detroit, MI:
designate (see H.R. 4967) [16AU]
Transportation: grants to State and local governments for
infrastructure repair in distressed areas (see H.R. 4183)
[13AP]
COLLINS, CARDISS (a Representative from Illinois)
Appointments
Conferee: H.R. 820, National Competitiveness Act [25JY]
------H.R. 965, Child Safety Protection Act [13AP]
------H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------H.R. 4950, Jobs Through Trade Expansion Act [4OC]
Bills and resolutions introduced by
Insurance: regulation of rental car business policies on liability
imposition and collision damage waivers (see H.R. 3741) [26JA]
National Black History Month: designate (see H.J. Res. 313) [1FE]
National Breast Cancer Awareness Month: designate (see H.J. Res.
311) [1FE]
National Gang Violence Prevention Week: designate (see H.J. Res.
391) [20JY]
Tariff: reliquidation of certain entries of imported chemicals
(see H.R. 4674) [29JN]
Working Mothers' Day: designate (see H.J. Res. 312) [1FE]
Reports by conference committees
Child Safety Protection Act (H.R. 965) [11MY]
COLLINS, MICHAEL A. ``MAC'' (a Representative from Georgia)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
COLORADO
Bills and resolutions
Archaeology: provide for the study of certain prehistoric
resources (see H.R. 4871) [1AU]
Gilpin County, CO: Federal land acquisition (see H.R. 5016) [21AU]
Mancos Water Conservancy District: construction of hydroelectric
plant (see H.R. 4523) [26MY]
Old Spanish Trail: designate as a component of the National Trails
System (see H.R. 4524) [26MY]
Upper Yampa Water Conservancy Project: authorize the transfer of a
certain loan contract (see H.R. 4525) [26MY]
Reports filed
Byron White U.S. Courthouse: Committee on Public Works and
Transportation (House) (H.R. 3693) (H. Rept. 103-456) [24MR]
Land Exchange Between the Forest Service and Eagle and Pitkin
Counties: Committee on Natural Resources (House) (S. 341) (H.
Rept. 103-432) [10MR]
Mancos Water Conservancy District, CO, Hydroelectric Plant
Construction: Committee on Natural Resources (House) (H.R.
4523) (H. Rept. 103-790) [3OC]
Rocky Mountain National Park Land Protection: Committee on Natural
Resources (House) (H.R. 1716) (H. Rept. 103-592) [12JY]
Upper Yampa Water Conservancy Project Loan Contract Transfer:
Committee on Natural Resources (House) (H.R. 4525) (H. Rept.
103-792) [3OC]
COLUMBIA, SC
Bills and resolutions
Matthew J. Perry, Jr., U.S. Courthouse: designate (see H.R. 4543)
[8JN]
Reports filed
Matthew J. Perry, Jr., U.S. Courthouse, Columbia, SC: Committee on
Public Works and Transportation (House) (H.R. 4543) (H. Rept.
103-636) [1AU]
COMBEST, LARRY (a Representative from Texas)
Appointments
Conferee: H.R. 820, National Competitiveness Act [19JY]
------H.R. 3841, Interstate Banking Efficiency Act [12MY]
------H.R. 4299, intelligence services appropriations [13SE]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
COMMEMORATIVE COINS
see Coins
COMMEMORATIVE STAMPS
see Postage and Stamps
COMMISSION ON CHILD AND FAMILY WELFARE
Appointments
Members [22MR] [12AP]
COMMISSION ON CIVIL RIGHTS
Bills and resolutions
Management: activities (see H.R. 4999) [19AU]
Motions
Reauthorize (S. 2372) [3OC]
Reports filed
Management Activities: Committee on the Judiciary (House) (H.R.
4999) (H. Rept. 103-775) [3OC]
COMMISSION ON INTERNATIONAL COORDINATION OF FINANCIAL REGULATION
Bills and resolutions
Establish (see H.R. 4261) [20AP]
COMMISSION ON PROTECTING AND REDUCING GOVERNMENT SECRECY
Appointments
Members [29NO] [20DE]
COMMITTEE ON AGRICULTURE (House)
Bills and resolutions
Lewis, Representative Ron: election to the Committee on
Agriculture (House) and to the Committee on Veterans' Affairs
(House) (see H. Res. 456) [15JN]
Lucas, Representative: election to Committee on Agriculture and
Committee on Government Operations (see H. Res. 442) [25MY]
Reports filed
Dept. of Agriculture Reorganization (H.R. 3171) (H. Rept. 103-714)
[23AU] [21SE]
Designate Certain National Forest Lands in Montana as Wilderness
(H.R. 2473) (H. Rept. 103-487) [10MY]
Establish the Opal Creek Forest Preserve (H.R. 3905) (H. Rept.
103-683) [8AU]
Extension of Certain Nutrition and School Lunch Programs (H.R. 8)
(H. Rept. 103-535) [24JN]
Federal Crop Insurance Reform Act: Committee on Agriculture
(House) (H.R. 4217) (H. Rept. 103-649) [1AU]
Minor Crop Protection Act (H.R. 967) (H. Rept. 103-784) [3OC]
Mount Pleasant National Scenic Area Designation (H.R. 2942) (H.
Rept. 103-686) [8AU]
Northern Great Plains Rural Development Commission (S. 2099) (H.
Rept. 103-700) [12AU]
[[Page 2715]]
Plant Variety Protection Act Amendments Relative to the
International Convention for the Protection of New Varieties
of Plants (H.R. 2927) (H. Rept. 103-699) [12AU]
COMMITTEE ON APPROPRIATIONS (House)
Reports filed
Agriculture, Rural Development, FDA, and Related Agencies
Appropriations (H.R. 4554) (H. Rept. 103-542) [9JN]
Dept. of Defense Appropriations (H.R. 4650) (H. Rept. 103-562)
[27JN]
Dept. of HUD Supplemental Appropriations (H.R. 4568) (H. Rept.
103-550) [17JN]
Dept. of the Interior and Related Agencies Appropriations (H.R.
4602) (H. Rept. 103-551) [17JN]
Dept. of the Treasury, Postal Service, Executive Office of the
President, and Independent Agencies Appropriations (H.R. 4539)
(H. Rept. 103-534) [26MY] [9JN]
Dept. of Transportation and Related Agencies Appropriations (H.R.
4556) (H. Rept. 103-543) [9JN] [13JN]
Depts. of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations (H.R. 4603) (H. Rept. 103-552) [21JN]
Depts. of Labor, HHS, Education, and Related Agencies
Appropriations (H.R. 4606) (H. Rept. 103-553) [21JN]
Depts. of Veterans Affairs, HUD, and Sundry Independent Agencies
Appropriations (H.R. 4624) (H. Rept. 103-555) [22JN]
District of Columbia Appropriations (H.R. 4649) (H. Rept. 103-558)
[24JN]
Emergency Supplemental Appropriations (H.R. 3759) [1FE]
Energy and Water Development Appropriations (H.R. 4506) (H. Rept.
103-533) [26MY]
Legislative Branch of the Government Appropriations (H.R. 4454)
(H. Rept. 103-517) [19MY]
Revised Subdivision of Budget Totals (H. Rept. 103-505) [12MY]
Revised Subdivision of Budget Totals (H. Rept. 103-549) [16JN]
Revised Subdivision of Budget Totals (H. Rept. 103-664) [4AU]
Revised Subdivision of Budget Totals (H. Rept. 103-665) [4AU]
Revised Subdivision of Budget Totals (H. Rept. 103-735) [21SE]
COMMITTEE ON ARMED SERVICES (House)
Bills and resolutions
Investigations and studies: expenses (see H. Res. 347) [7FE]
Reports filed
Dept. of Defense Appropriations (H.R. 4301) (H. Rept. 103-499)
[10MY]
Evaluation of Dept. of Energy Research and Development
Laboratories and Consolidation of Technology Transfer
Activities (H.R. 1432) (H. Rept. 103-484) [26AP]
Export Administration Act (H.R. 3937) (H. Rept. 103-531) [17JN]
Health Security Act (H.R. 3600) (H. Rept. 103-601) [28JY]
Improve Government Procurement Process (H.R. 2238) (H. Rept. 103-
545) [17JN]
COMMITTEE ON BANKING, FINANCE AND URBAN AFFAIRS (House)
Bills and resolutions
Investigations and studies: expenses (see H. Res. 334) [1FE]
Reports filed
Eximbank Financing for the Export of Nonlethal Defense Articles
and Services (H.R. 4455) (H. Rept. 103-681) [8AU]
Fair Credit Reporting Act (H.R. 1015) (H. Rept. 103-486) [28AP]
Foreign Country Treatment of U.S. Banks (H.R. 4926) (H. Rept. 103-
727) [19SE]
Housing and Community Development Act (H.R. 3838) (H. Rept. 103-
607) [18JY]
Interstate Banking Efficiency Act (H.R. 3841) (H. Rept. 103-448)
[22MR]
Money Laundering Suppression Act (H.R. 3235) (H. Rept. 103-438)
[21MR]
National Flood Insurance Program Revision (H.R. 3191) (H. Rept.
103-414) [26JA]
Public Works and Economic Development Act Reauthorization (H.R.
2442) (H. Rept. 103-423) [26AP]
COMMITTEE ON ECONOMICS (Joint)
Reports filed
Economic Report of the President (H. Rept. 103-496) [9MY]
COMMITTEE ON EDUCATION AND LABOR (House)
Reports filed
Black Lung Benefits Act Improvements (H.R. 2108) (H. Rept. 103-
507) [12MY]
Coverage of Federal Labor Laws on Foreign Documented Vessels (H.R.
1517) (H. Rept. 103-818) [3OC]
Education Programs Appropriations (H.R. 6) (H. Rept. 103-425)
[22FE]
Employment Discrimination Claims Review (H.R. 2721) (H. Rept. 103-
599) [13JY]
Extension of Certain Nutrition and School Lunch Programs (H.R. 8)
(H. Rept. 103-535) [8JN]
Federal Construction Procurement and Prevailing Wage Protection
for Construction Workers (H.R. 1231) (H. Rept. 103-856) [7OC]
Head Start Program and Community Development Block Grant Program
Reauthorization (H.R. 4250) (H. Rept. 103-483) [26AP]
Health Security Act (H.R. 3600) (H. Rept. 103-601) [22JY]
National Policy To Provide Health Care and Reform Insurance
Procedures (H.R. 3960) (H. Rept. 103-618) [22JY]
OSHA Reform (H.R. 1280) (H. Rept. 103-825) [3OC]
Retirement Protection Act (H.R. 3396) (H. Rept. 103-632) [26AU]
COMMITTEE ON ENERGY AND COMMERCE (House)
Bills and resolutions
Investigations and studies: expenses (see H. Res. 367) [23FE]
Reports filed
Amtrak Appropriations (H.R. 4111) (H. Rept. 103-698) [11AU]
Antitrust Reform Act (H.R. 3626) (H. Rept. 103-559) [24JN]
Collection of Application Fees for Medical Device Approvals (H.R.
4864) (H. Rept. 103-751) [26SE]
Committee on Energy and Commerce (House) Activities for the First
Session of the 103d Congress (H. Rept. 103-417) [3FE]
Comprehensive One-Call Notification Act (H.R. 4394) (H. Rept. 103-
765) [29SE]
Cooperation of Dept. of Energy Laboratories With Private Sector To
Enhance Economic and Technological Competitiveness (S. 473)
(H. Rept. 103-611) [19JY]
Establish Toll Free Dept. of Commerce Number To Assist Consumers
in Determining if Products Are Domestically Produced (H.R.
3342) (H. Rept. 103-660) [3AU]
FCC Appropriations (H.R. 4522) (H. Rept. 103-844) [6OC]
Federal Railroad Safety Act Amendments (H.R. 4545) (H. Rept. 103-
655) [3AU]
GATT Ratification (H.R. 5110) (H. Rept. 103-826) [3OC]
Government Regulations on Orphan Drugs (H.R. 4865) (H. Rept. 103-
746) [26SE]
High-Speed Rail Transportation Development Appropriations (H.R.
4867) (H. Rept. 103-692) [10AU]
Limit Out-of-State Solid Waste Disposal (H.R. 4779) (H. Rept. 103-
720) [16SE]
Management of the Strategic Petroleum Reserve (H.R. 4752) (H.
Rept. 103-663) [3AU]
Petroleum Marketing Practices Act (H.R. 1520) (H. Rept. 103-737)
[22SE]
Promote a National Infrastructure to Encourage Deployment of
Advanced Services Through Competition (H.R. 3636) (H. Rept.
103-560) [24JN]
Radon Testing Products and Services (H.R. 2448) (H. Rept. 103-574)
[30JN]
Reduce Threat of Indoor Air Contaminants by the Public Health
Service (H.R. 2919) (H. Rept. 103-719) [13SE]
Reduce Waiting Period for Benefits Under the Railroad Unemployment
Insurance Act (H.R. 4868) (H. Rept. 103-693) [10AU]
Remove Certain Power Facility Size Limitations to Encourage the
Production of Renewable Resource Energy (H.R. 4866) (H. Rept.
103-684) [8AU]
Revise and Extend Programs to Improve the Health of Individuals of
Minority Groups (H.R. 3869) (H. Rept. 103-501) [11MY]
State Control of Municipal Solid Waste Transportation and Disposal
(H.R. 4683) (H. Rept. 103-738) [22SE]
Streamline and Improve Cleanup Standards of CERCLA (H.R. 3800) (H.
Rept. 103-582) [12JY]
U.S.-Mexico Border Health Commission Establishment (H.R. 2305) (H.
Rept. 103-710) [19AU]
Unlisted Trading Privileges for Corporate Securities (H.R. 4535)
(H. Rept. 103-626) [28JY]
Weatherization Programs Appropriations (H.R. 4751) (H. Rept. 103-
662) [3AU]
COMMITTEE ON FOREIGN AFFAIRS (House)
Reports filed
Export Administration Act (H.R. 3937) (H. Rept. 103-531) [25MY]
Foreign Aid Assistance to Promote Peaceful Resolution of Conflicts
in Africa (H.R. 4541) (H. Rept. 103-723) [19SE]
International Narcotics Control Corrections Act (H.R. 5030) (H.
Rept. 103-724) [19SE]
Jobs Through Trade Expansion Act (H.R. 4950) (H. Rept. 103-726)
[19SE]
Promote the Export of Environmental Technologies, Goods and
Services (H.R. 3813) (H. Rept. 103-478) [18AP]
COMMITTEE ON GOVERNMENT OPERATIONS (House)
Bills and resolutions
Lucas, Representative: election to Committee on Agriculture and
Committee on Government Operations (see H. Res. 442) [25MY]
Reports filed
Administration and Enforcement of Employment Taxes--A Status
Report on Ideas for Change (H. Rept. 103-861) [29NO]
Criminal Aliens--Federal Responsibility and State and Local Burden
(H. Rept. 103-645) [1AU]
Financial Management Act Reforms in the Dept. of Commerce (H.
Rept. 103-862) [29NO]
Financial Management in the Customs Service (H. Rept. 103-868)
[29NO]
Health Security Act (H.R. 3600) (H. Rept. 103-601) [12AU]
Improve Government Procurement Process (H.R. 2238) (H. Rept. 103-
545) [13JN]
Improving the Management of the FmHA Single-Family Housing
Portfolio Through Centralized Servicing and Mortgage Escrowing
(H. Rept. 103-609) [19JY]
Information Resources Management in a Reconfigured Dept. of
Agriculture (H. Rept. 103-610) [19JY]
Milstar Communications System--Comprehensive Reevaluation Needed
(H. Rept. 103-864) [29NO]
Poison Control Centers--On the Brink of Extinction (H. Rept. 103-
860) [29NO]
Problems Facing Minority and Women-Owned Small Businesses (H.
Rept. 103-870) [29NO]
Release of John F. Kennedy Assassination Records (H.R. 4569) (H.
Rept. 103-587) [12JY]
Trade With Russia and the Newly Independent States (H. Rept. 103-
867) [29NO]
Transfer to States Certain Surplus Property for Donation to
Impoverished Individuals (H.R. 2461) (H. Rept. 103-656) [3AU]
Uncertainty and Data Quality Problems Affecting Federal Reserve
Monetary Policy (H. Rept. 103-866) [29NO]
Vegetable Ink Printing Act (S. 716) (H. Rept. 103-625) [28JY]
World Food Program--Funding and Management Improvements Can
Strengthen Delivery of Food Aid (H. Rept. 103-865) [29NO]
[[Page 2716]]
COMMITTEE ON HOUSE ADMINISTRATION (House)
Bills and resolutions
House of Representatives: public release of documents relative to
the investigation of the House Post Office (see H. Res. 450)
[9JN]
Reports filed
Congressional Accountability Act (H.R. 4822) (H. Rept. 103-650)
[2AU]
Expenses for Investigations and Studies for Certain Committees of
the House (H. Res. 369) (H. Rept. 103-433) [15MR]
Expenses for Investigations and Studies for Certain Committees of
the House (H. Res. 387) (H. Rept. 103-434) [15MR]
Public Release of Documents Relative to the Investigation of the
House Post Office (H. Res. 450) (H. Rept. 103-573) [30JN]
COMMITTEE ON INTELLIGENCE (House, Select)
Bills and resolutions
Investigations and studies: expenses (see H. Res. 342) [3FE]
Reports filed
Export Administration Act (H.R. 3937) (H. Rept. 103-531) [16JN]
COMMITTEE ON MERCHANT MARINE AND FISHERIES (House)
Reports filed
Atlantic Striped Bass Conservation Act Amendments (H.R. 4504) (H.
Rept. 103-584) [12JY]
Ballast Water Management Act (H.R. 3360) (H. Rept. 103-440) [21MR]
Coast Guard Appropriations (H.R. 4422) (H. Rept. 103-706) [16AU]
Conservation and Management of Wetlands Appropriations (H.R. 4308)
(H. Rept. 103-717) [12SE]
Conservation of Rhinoceros and Tigers (H.R. 4924) (H. Rept. 103-
748) [26SE]
Conveyance of the Corning National Fish Hatchery to Arkansas (H.R.
4253) (H. Rept. 103-586) [12JY]
Federal Maritime Commission Appropriations (H.R. 4391) (H. Rept.
103-716) [12SE]
Fish, Wildlife, and Natural Resources Management on Military
Installations (H.R. 3300) (H. Rept. 103-718) [12SE]
Fishermen's Protective Act (H.R. 3817) (H. Rept. 103-585) [12JY]
Flower Garden Banks National Marine Sanctuary Boundary
Modification (H.R. 3886) (H. Rept. 103-441) [21MR]
Junior Duck Stamp Conservation Program Appropriations (H.R. 3679)
(H. Rept. 103-521) [23MY]
Marine Mammal Protection Act Reauthorization (H.R. 2760) (H. Rept.
103-439) [21MR]
Monitor Effect of Foreign Trade Actions on the Environment (H.R.
4734) (H. Rept. 103-760) [28SE]
National Shipbuilding Initiative (H.R. 2547) (H. Rept. 103-420)
[9FE]
National Undersea Research Program (H.R. 4236) (H. Rept. 103-850)
[7OC]
Ocean Radioactive Dumping Ban Act (H.R. 3982) (H. Rept. 103-522)
[23MY]
Panama Canal Operation and Maintenance Appropriations (H.R. 4246)
(H. Rept. 103-526) [24MY]
Recreational Boating Safety Programs (H.R. 3786) (H. Rept. 103-
445) [21MR]
Recreational Boating Safety Programs (H.R. 4477) (H. Rept. 103-
849) [7OC]
COMMITTEE ON NATURAL RESOURCES (House)
Reports filed
Administrative Procedures for Recognition of Indian Groups (H.R.
4462) (H. Rept. 103-782) [3OC]
Alaska Native Claims Settlement Act Amendments (H.R. 3612) (H.
Rept. 103-805) [3OC]
Alaska Native Claims Settlement Act Amendments (H.R. 4665) (H.
Rept. 103-798) [3OC]
Belle Fourche Irrigation Project Expansion (H.R. 4439) (H. Rept.
103-787) [3OC]
California Desert Protection Act (H.R. 518) (H. Rept. 103-498)
[10MY]
Cape Hatteras National Seashore Recreational Area Administrative
Jurisdiction (H.R. 4364) (H. Rept. 103-593) [12JY]
Central Council of Tlingit and Haida Indian Tribes of Alaska
Receipt of Services From the Bureau of Indian Affairs (S.
1784) (H. Rept. 103-800) [3OC]
Central Midwest Interstate Low-Level Radioactive Waste Compact
(H.R. 4814) (H. Rept. 103-816) [3OC]
Central Utah Water Conservancy District Implementation of Water
Conservation Programs (H.R. 4615) (H. Rept. 103-791) [3OC]
Chickamauga and Chattanooga National Military Park in Georgia
(H.R. 3516) (H. Rept. 103-437) [18MR]
Coastal Heritage Trail Route Appropriations (S. 1574) (H. Rept.
103-443) [21MR]
Colorado Land Exchange Between the Forest Service and Eagle and
Pitkin Counties (S. 341) (H. Rept. 103-432) [10MR]
Congressional Recognition Status of Indian Tribes and Alaska
Native Groups (H.R. 4180) (H. Rept. 103-781) [3OC]
Consideration Process for Additions to National Parks and
Recreation Areas (H.R. 4476) (H. Rept. 103-725) [19SE]
Convey Certain Shoshone Federal Reclamation Project Lands to the
Big Horn County School District (H.R. 2614) (H. Rept. 103-811)
[3OC]
Corinth, MS, Civil War Battlefield Interpretive Center
Appropriations (S. 986) (H. Rept. 103-813) [3OC]
Dayton Aviation Heritage Preservation Act Amendments (H.R. 3559)
(H. Rept. 103-808) [3OC]
Designate a Segment of the Payette River as a Component of the
Wild and Scenic Rivers System (H.R. 233) (H. Rept. 103-804)
[3OC]
Designate Certain National Forest Lands in Montana as Wilderness
(H.R. 2473) (H. Rept. 103-487) [28AP]
Designate Lower Salmon River Segment as a Component of the Wild
and Scenic Rivers System (H.R. 4083) (H. Rept. 103-788) [3OC]
Designate the Chaco Culture Archaeological Protection Sites (H.R.
1562) (H. Rept. 103-678) [8AU]
Designating Segment of Farmington River as Component of Wild and
Scenic Rivers System (House) (H.R. 2815) (H. Rept. 103-430)
[10MR]
Designating Segment of Rio Grande River as Component of Wild and
Scenic Rivers System (S. 375) (H. Rept. 103-431) [10MR]
Eliminate the Maximum Daily Diversion Restriction Relative to
Pumping of Water From Lake Powell, AZ (H.R. 5025) (H. Rept.
103-802) [3OC]
Establish Great Falls Historic District (H.R. 3498) (H. Rept. 103-
472) [12AP]
Establish the Opal Creek Forest Preserve (H.R. 3905) (H. Rept.
103-683) [8AU]
Establish the Wheeling National Heritage Area (H.R. 2843) (H.
Rept. 103-471) [12AP]
Establishment of the American Heritage Areas Partnership Program
in the Dept. of the Interior (H.R. 3707) (H. Rept. 103-570)
[30JN]
Expand the Mni Wiconi Rural Water Supply Project of South Dakota
(H.R. 3954) (H. Rept. 103-789) [3OC]
Extend Term of the Lowell Historic Preservation Commission (H.R.
4448) (H. Rept. 103-641) [1AU]
Federal Recognition of the Paskenta Band of Nomlaki Indians in
California (H.R. 5050) (H. Rept. 103-801) [3OC]
Federal Recognition of the United Auburn Indian Community in
California (H.R. 4228) (H. Rept. 103-619) [25JY]
Forest Service Land Transfer to the Taos Pueblo Indians of New
Mexico (H.R. 3204) (H. Rept. 103-807) [3OC]
Gates of the Arctic National Park and Preserve Land Exchange and
Vehicle Restrictions (H.R. 4746) (H. Rept. 103-796) [3OC]
Headwaters Forest Act (H.R. 2866) (H. Rept. 103-667) [4AU]
Health Security Act (H.R. 3600) (H. Rept. 103-601) [6OC]
Hydropower Production Settlements with the Confederated Tribes of
the Colville Reservation (H.R. 4757) (H. Rept. 103-685) [8AU]
Improve Administration of the Women's Rights National Historical
Park (H.R. 359) (H. Rept. 103-814) [3OC]
Increase the Irrigable Acreage for the San Angelo, TX, Federal
Reclamation Project (H.R. 1474) (H. Rept. 103-810) [3OC]
Independence National Historic Park Inclusion and Restoration of
Washington Square (H.R. 4642) (H. Rept. 103-797) [3OC]
Indian Lands Open Dump Cleanup Act (S. 720) (H. Rept. 103-783)
[3OC]
Indian Trust Funds Management Reform (H.R. 4833) (H. Rept. 103-
778) [3OC]
Kenai Natives Association Correction of Land Entitlement
Inequities (H.R. 3613) (H. Rept. 103-822) [3OC]
Little Traverse Bay Bands of Odawa Indians and the Little River
Band of Ottawa Indians Act (S. 1357) (H. Rept. 103-621) [25JY]
Lower East Side Tenement Museum National Historic Site (H.R. 4158)
(H. Rept. 103-642) [1AU]
Maintenance of Dams on Indian Lands (H.R. 1426) (H. Rept. 103-600)
[14JY]
Management of the Presidio Military Facility (H.R. 3433) (H. Rept.
103-615) [21JY]
Mancos Water Conservancy District, CO, Hydroelectric Plant
Construction (H.R. 4523) (H. Rept. 103-790) [3OC]
Mountain Park, OK, Project Modification (H.R. 4784) (H. Rept. 103-
803) [3OC]
National Park Service Concessions Policy Reform (S. 208) (H. Rept.
103-571) [30JN]
National Park Service Entrepreneurial Management Reform Act (H.R.
4533) (H. Rept. 103-793) [3OC]
Native American Land and Water Claims Technical Amendments (S.
1654) (H. Rept. 103-479) [19AP]
Negotiate Agreements for the Use of Sand, Gravel, and Shell
Resources of the Outer Continental Shelf (H.R. 3678) (H. Rept.
103-817) [3OC]
New Bedford Whaling National Historical Park (H.R. 3898) (H. Rept.
103-643) [1AU]
Payments in Lieu of Taxes Act (S. 455) (H. Rept. 103-838) [5OC]
Pennsylvania Avenue Development Corp. Appropriations and
Development of Plan for Orderly Dissolution (H.R. 5096) (H.
Rept. 103-794) [3OC]
Piscataway National Park Boundary Expansion (S. 1703) (H. Rept.
103-682) [8AU]
Prohibit Bureau of Mines From Refining and Selling Helium, and
Dispose of Helium Reserve (H.R. 3967) (H. Rept. 103-661) [3AU]
Red Rock Canyon National Conservation Area Boundary Expansion
(H.R. 3050) (H. Rept. 103-679) [8AU]
Redwood Valley Water District Loan Authority (H.R. 4925) (H. Rept.
103-795) [3OC]
Removal of Certain Restrictions To Permit a Land Exchange in North
Charleston, SC (S. 273) (H. Rept. 103-591) [12JY]
Resolution of Arizona Land Claims (S. 1233) (H. Rept. 103-773)
[3OC]
Restoration of Federal Services to the Pokagon Band of Potawatomi
Indians (S. 1066) (H. Rept. 103-620) [25JY]
Rio Puerco Watershed Act (S. 1919) (H. Rept. 103-820) [3OC]
Rocky Mountain National Park Land Protection (H.R. 1716) (H. Rept.
103-592) [12JY]
Saguaro National Monument Protection Act (S. 316) (H. Rept. 103-
815) [3OC]
Santa Fe National Forest Boundary Expansion (H.R. 3964) (H. Rept.
103-680) [8AU]
Settlement of Land Claims By Native Americans in Connecticut (H.R.
4653) (H. Rept. 103-676) [5AU]
Steamtown National Historic Site Operation, Maintenance, and
Development Reform (H.R. 3708) (H. Rept. 103-588) [12JY]
Targhee National Forest, ID, Exchange of National Forest System
Lands for Non-Federal Forest Lands in Wyoming (H.R. 3554) (H.
Rept. 103-809) [3OC]
Technical Amendments to Legislation Relative to Land and Water
Claims of Native Americans (H.R. 4709) (H. Rept. 103-704)
[16AU]
Transfer Operating Responsibilities for the Kennedy Center for the
Performing Arts to the Board of Trustees (H.R. 3567) (H. Rept.
103-453) [9MY]
[[Page 2717]]
Tribal Self-Governance Act (H.R. 3508) (H. Rept. 103-653) [3AU]
U.S. Shipbuilding and Repair Industry (H.R. 1402) (H. Rept. 103-
589) [12JY]
Upper Yampa Water Conservancy Project Loan Contract Transfer (H.R.
4525) (H. Rept. 103-792) [3OC]
Urban Recreation and At-Risk Youth Act (H.R. 4034) (H. Rept. 103-
444) [21MR]
Use of Peyote by Native Americans for Religious Purposes (H.R.
4230) (H. Rept. 103-675) [5AU]
Walnut Canyon National Monument Boundaries (H.R. 4697) (H. Rept.
103-799) [3OC]
Water Desalination Act (H.R. 4944) (H. Rept. 103-821) [3OC]
Watershed-Protection Patented Land Lease Regulations in Kaysville
City, UT (S. 859) (H. Rept. 103-590) [12JY]
Yakima River Basin Water Enhancement Project (H.R. 1690) (H. Rept.
103-644) [1AU]
Yavapai-Prescott Indian Tribe Water Rights Settlement Act (S.
1146) (H. Rept. 103-812) [3OC]
COMMITTEE ON POST OFFICE AND CIVIL SERVICE (House)
Reports filed
Administrative Review of Federal Employees Discrimination Claims
(H.R. 2721) (H. Rept. 103-599) [19AU]
Coverage of Court Officials Under Federal Employees Group Life
Insurance Program (H.R. 3297) (H. Rept. 103-855) [7OC]
Dept. of Defense Overseas Teacher Pay and Personnel Practices
(H.R. 3499) (H. Rept. 103-598) [13JY]
Federal Employees Family Friendly Leave Act (H.R. 4361) (H. Rept.
103-722) [19SE]
FEGLI Living Benefits Act (H.R. 512) (H. Rept. 103-608) [18JY]
Garnishment of Federal Retirement Annuities Relative to a Judgment
Against an Annuitant for Child Abuse (H.R. 3694) (H. Rept.
103-721) [19SE]
Health Security Act (H.R. 3600) (H. Rept. 103-601) [7OC]
Martin Luther King, Jr., Federal Holiday Commission and Establish
Martin Luther King, Jr., Day as Day of National Community
Service (H.R. 1933) (H. Rept. 103-418) [7FE]
National Pearl Harbor Remembrance Day (H.J. Res. 131) (H. Rept.
103-595) [12JY]
Office of Government Ethics Appropriations (H.R. 2289) (H. Rept.
103-785) [3OC]
Office of Special Counsel Reauthorization (H.R. 2970) (H. Rept.
103-769) [30SE]
Postal Inspection Service and Inspector General Act (H.R. 4400)
(H. Rept. 103-561) [27JN]
Reemployment of Postal Service Retirees in Temporary Positions
Relative to Annuity Offsets (H.R. 3246) (H. Rept. 103-594)
[12JY]
Workplace Safety for Federal and Postal Service Employees (H.R.
115) (H. Rept. 103-858) [7OC]
COMMITTEE ON PUBLIC WORKS AND TRANSPORTATION (House)
Bills and resolutions
Investigations and studies: expenses (see H. Res. 350) [7FE]
Reports filed
Acquisition of the Old U.S. Mint, San Francisco, CA (H.R. 4812)
(H. Rept. 103-634) [1AU]
Authorize Special Olympics Torch Relay on Capitol Grounds (H. Con.
Res. 236) (H. Rept. 103-510) [18MY]
Authorize Use of the Capitol Building and Grounds for the Greater
Washington Soap Box Derby (H. Con. Res. 238) (H. Rept. 103-
515) [19MY]
Brien McMahon Federal Building, Bridgeport, CT (H.R. 3724) (H.
Rept. 103-513) [19MY]
Bruce R. Thompson U.S. Courthouse and Federal Building, Reno, NV
(H.R. 3110) (H. Rept. 635) [1AU]
Byron White U.S. Courthouse, Denver, CO (H.R. 3693) (H. Rept. 103-
456) [24MR]
Calculation of Public Buildings Transactions (H.R. 2680) (H. Rept.
103-547) [14JN]
Comprehensive One-Call Notification Act (H.R. 4394) (H. Rept. 103-
765) [30SE]
Conservation and Development of Resources, and River and Harbor
Improvement Projects (H.R. 4460) (H. Rept. 103-770) [30SE]
Convey Certain Hopewell Township, PA, Lands to the Beaver County
Corp. for Economic Development (H.R. 4704) (H. Rept. 103-768)
[30SE]
Disaster Avoidance and Response Plans and Development of Relief
and Reinsurance Plans (H.R. 2873) (H. Rept. 103-848) [7OC]
Edward J. Schwartz Courthouse and Federal Building, San Diego, CA
(H.R. 3770) (H. Rept. 103-457) [24MR]
Frederick C. Murphy Federal Center, Waltham, MA (S. 1206) (H.
Rept. 103-455) [24MR]
Frederick S. Green U.S. Courthouse, Urbana, IL (H.R. 4939) (H.
Rept. 103-764) [29SE]
General Aviation Revitalization Act (S. 1458) (H. Rept. 103-525)
[24MY]
Matthew J. Perry, Jr., U.S. Courthouse, Columbia, SC (H.R. 4543)
(H. Rept. 103-636) [1AU]
National Academy of Science, Space, and Technology Establishment
at State Universities (H.R. 1638) (H. Rept. 103-512) [19MY]
National Highway System Designation Act (H.R. 4385) (H. Rept. 103-
519) [19MY]
Prohibit Smoking on All Airline Flights (H.R. 4495) (H. Rept. 103-
771) [3OC]
Public Works and Economic Development Act Appropriations (H.R.
2442) (H. Rept. 103-423) [10FE]
Sam B. Hall, Jr., Federal Building and U.S. Courthouse, Marshall,
TX (H.R. 3840) (H. Rept. 103-514) [19MY]
Streamline and Improve Cleanup Standards of CERCLA (H.R. 3800) (H.
Rept. 103-582) [8AU]
Theodore Levin Federal Building and U.S. Courthouse, Detroit, MI
(H.R. 4967) (H. Rept. 103-762) [29SE]
Thomas D. Lambros Federal Building (H.R. 4727) (H. Rept. 103-638)
[1AU]
Thomas F. Eagleton U.S. Courthouse, St. Louis, MO (H.R. 4790) (H.
Rept. 103-637) [1AU]
Thurgood Marshall U.S. Courthouse, White Plains, NY (H.R. 4910)
(H. Rept. 103-763) [29SE]
Transferring Operating Responsibilities of the Kennedy Center for
the Performing Arts to the Board of Trustees (H.R. 3567) (H.
Rept. 103-453) [24MR]
Walter B. Jones Federal Building and U.S. Courthouse, Greenville,
NC (H. Rept. 103-639) [1AU]
COMMITTEE ON RULES (House)
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Reports filed
Amend House Rules Relative to the Application of Certain Laws to
the House of Representatives (H. Res. 571) (H. Rept. 103-841)
[5OC]
Baseline Budgeting, Rescissions, Spending Cuts for Deficit
Reduction, and Emergency Designation in Federal Budget
Legislation (H.R. 4907) (H. Rept. 103-688) [9AU]
Budget Control Act (H.R. 4604) (H. Rept. 103-602) [14JY]
Congressional Accountability Act (H.R. 4822) (H. Rept. 103-650)
[2AU]
Consideration of Conference Report on H.R. 6, Education Programs
Appropriations (H. Res. 556) (H. Rept. 103-767) [29SE]
Consideration of Conference Report on H.R. 3355, Violent Crime
Control and Law Enforcement Act (H. Res. 517) (H. Rept. 103-
697) [10AU]
Consideration of Conference Report on H.R. 3355, Violent Crime
Control and Law Enforcement Act (H. Res. 522) (H. Rept. [16AU]
Consideration of Conference Report on H.R. 3474, Community
Development, Credit Enhancement, and Regulatory Improvement
Act (H. Res. 506) (H. Rept. 103-659) [3AU]
Consideration of Conference Report on H.R. 3841, Interstate
Banking Efficiency Act (H. Res. 505) (H. Rept. 103-658) [3AU]
Consideration of Conference Report on H.R. 4299, Intelligence
Services Appropriations (H. Res. 555) (H. Rept. 103-766)
[29SE]
Consideration of Conference Report on H.R. 4426, Foreign
Operations, Export Financing, and Related Programs
Appropriations (H. Res. 504) (H. Rept. 103-657) [3AU]
Consideration of Conference Report on H.R. 4454, Legislative
Branch of the Government Appropriations (H. Res. 470) (H.
Rept. 103-569) [29JN]
Consideration of Conference Report on H.R. 4539, Dept. of the
Treasury, Postal Service, Executive Office of the President,
and Independent Agencies Appropriations (H. Res. 537) (H.
Rept. 103-736) [21SE]
Consideration of Conference Report on H.R. 4556, Dept. of
Transportation and Related Agencies Appropriations (H. Res.
553) (H. Rept. 103-758) [27SE]
Consideration of Conference Report on H.R. 4602, Dept. of the
Interior and Related Agencies Appropriations (H. Res. 547) (H.
Rept. 103-749) [26SE]
Consideration of Conference Report on H.R. 4603, Depts. of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations (H. Res. 523) (H. Rept. 103-709)
[17AU]
Consideration of Conference Report on H.R. 4650, Dept. of Defense
Appropriations (H. Res. 554) (H. Rept. 103-759) [28SE]
Consideration of Conference Report on S. 21, California Desert
Protection Act (H. Res. 568) (H. Rept. 103-839) [5OC]
Consideration of Conference Report on S. 349, Lobbying Disclosure
Act (H. Res. 550) (H. Rept. 103-755) [27SE]
Consideration of Conference Report on S. 1569, Minority Health
Improvement Act (H. Res. 574) (H. Rept. 103-845) [6OC]
Consideration of Conference Report on S. 2000, Reauthorization of
Certain Federal Aid Programs: Committee on Rules (House) (H.
Res. 421) (H. Rept. 103-502) [11MY]
Consideration of Conference Report on S. 2182, Dept. of Defense
and Dept. of Energy Defense Activities Appropriations (H. Res.
521) (H. Rept. 103-705) [16AU]
Consideration of H. Con. Res. 275, Sine Die Adjournment
Requirement Waiver (H. Res. 495) (H. Rept. 103-628) [28JY]
Consideration of H. Con. Res. 301, Public Welfare Programs
Entitlements (H. Res. 563) (H. Rept. 103-828) [4OC]
Consideration of H. Res. 578, Application of Certain Laws to the
House of Representatives (H. Res. 579) (H. Rept. 103-851)
[7OC]
Consideration of H.J. Res. 416, Presence of U.S. Armed Forces in
Haiti (H. Res. 570) (H. Rept. 103-840) [5OC]
Consideration of H.R. 6, Education Programs Approrpriations (H.
Res. 366) (H. Rept. 103-426) [23FE]
Consideration of H.R. 518, California Desert Protection Act (H.
Res. 422) (H. Rept. 103-503) [11MY]
Consideration of H.R. 811, Independent Counsel Reauthorization (H.
Res. 352) (H. Rept. 103-419) [8FE]
Consideration of H.R. 1188, Insurance Disclosures in Interstate
Commerce (H. Res. 475) (H. Rept. 103-597) [12JY]
Consideration of H.R. 2108, Black Lung Benefits Act Improvement
(H. Res. 428) (H. Rept. 103-508) [17MY]
Consideration of H.R. 2442, Public Works and Economic Development
Act Reauthorization (H. Res. 420) (H. Rept. 103-495) [5MY]
Consideration of H.R. 2448, Improve and Increase Radon Testing
Products and Services (H. Res. 491) (H. Rept. 103-622) [27JY]
Consideration of H.R. 2473, Designate Montana Lands as National
Forests and Release Certain National Forest Lands (H. Res.
423) (H. Rept. 103-504) [11MY]
Consideration of H.R. 2866, Protection and Management of Redwood
Forest Areas and Addition of Certain Lands and Waters (H. Res.
536) (H. Rept. 103-732) [20SE]
Consideration of H.R. 3171, Dept. of Agriculture Reorganization
(H. Res. 544) (H. Rept. 103-744) [23SE]
Consideration of H.R. 3221, Adjudication of Claims Against Iraq
(H. Res. 410) (H. Rept. 103-481) [21AP]
[[Page 2718]]
Consideration of H.R. 3345, Employee Training Restriction
Elimination and Temporary Voluntary Separation Incentive (H.
Res. 357) (H. Rept. 103-422) [9FE]
Consideration of H.R. 3433, Management of the Presidio Military
Facility (H. Res. 516) (H. Rept. 103-696) [10AU]
Consideration of H.R. 3759, Supplemental Appropriations (H. Res.
336) (H. Rept. 103-416) [2FE]
Consideration of H.R. 3838, Housing and Community Development Act
(H. Res. 482) (H. Rept. 103-612) [20JY]
Consideration of H.R. 3870, Research and Development of
Environmental Technology (H. Res. 483) (H. Rept. 103-613)
[20JY]
Consideration of H.R. 3937, Export Administration Act (H. Res.
474) (H. Rept. 103-596) [12JY]
Consideration of H.R. 4003, Maritime Administration and
Promotional Reform Act (H. Res. 500) (H. Rept. 103-646) [1AU]
Consideration of H.R. 4008, NOAA Appropriations (H. Res. 542) (H.
Rept. 103-742) [23SE]
Consideration of H.R. 4092, National Policy To Control Crime and
Reform Court Procedures (H. Res. 395) (H. Rept. 103-449)
[22MR]
Consideration of H.R. 4092, National Policy To Control Crime and
Reform Court Procedures (H. Res. 401) (H. Rept. 103-474)
[12AP]
Consideration of H.R. 4217, Federal Crop Insurance Reform Act (H.
Res. 507) (H. Rept. 103-666) [4AU]
Consideration of H.R. 4296, Prohibit Transfer or Sale of Assault
Weapons (H. Res. 416) (H. Rept. 103-492) [4MY]
Consideration of H.R. 4299, Intelligence Services Appropriations
(H. Res. 468) (H. Rept. 103-566) [28JN]
Consideration of H.R. 4301, Dept. of Defense Appropriations (H.
Res. 429) (H. Rept. 103-509) [17MY]
Consideration of H.R. 4301, Dept. of Defense Appropriations (H.
Res. 431) (H. Rept. 103-520) [20MY]
Consideration of H.R. 4385, National Highway System Designation
Act (H. Res. 440) (H. Rept. 103-528) [24MY]
Consideration of H.R. 4422, Coast Guard Appropriations (H. Res.
535) (H. Rept. 103-535) [20SE]
Consideration of H.R. 4426, Foreign Operations, Export Financing,
and Related Programs Appropriations (H. Res. 441) (H. Rept.
103-529) [24MY]
Consideration of H.R. 4426, Foreign Operations, Export Financing,
and Related Programs Appropriations (H. Res. 443) (H. Rept.
103-530) [25MY]
Consideration of H.R. 4448, Lowell Historic Preservation
Commission Extension (H. Res. 532) (H. Rept. 103-730) [20SE]
Consideration of H.R. 4453, Military Construction Appropriations
(H. Res. 433) (H. Rept. 103-523) [23MY]
Consideration of H.R. 4454, Legislative Branch Appropriations (H.
Res. 444) (H. Rept. 103-532) [25MY]
Consideration of H.R. 4506, Energy and Water Development
Appropriations (H. Res. 449) (H. Rept. 103-540) [9JN]
Consideration of H.R. 4539, Dept. of the Treasury, Postal Service,
Executive Office of the President, and Independent Agencies
Appropriations (H. Res. 447) (H. Rept. 103-537) [8JN]
Consideration of H.R. 4554, Agriculture, Rural Development, FDA,
and Related Agencies Programs Appropriations (H. Res. 455) (H.
Rept. 103-548) [15JN]
Consideration of H.R. 4556, Dept. of Transportation and Related
Agencies Appropriations (H. Res. 454) (H. Rept. 103-546)
[14JN]
Consideration of H.R. 4600, Budget Authority Rescission Proposals
(H. Res. 467) (H. Rept. 103-565) [28JN]
Consideration of H.R. 4602, Dept. of the Interior and Related
Agencies Appropriations (H. Res. 458) (H. Rept. 103-554)
[21JN]
Consideration of H.R. 4603, Depts. of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations (H.
Res. 461) (H. Rept. 103-556) [22JN]
Consideration of H.R. 4604, Establish Direct Federal Budget
Spending Targets (H. Res. 484) (H. Rept. 103-614) [20JY]
Consideration of H.R. 4624, Depts. of Veterans Affairs, HUD, and
Sundry Independent Agencies Appropriations (H. Res. 465) (H.
Rept. 103-563) [27JN]
Consideration of H.R. 4649, District of Columbia Appropriations
(H. Res. 466) (H. Rept. 103-564) [28JN]
Consideration of H.R. 4650, Dept. of Defense Appropriations (H.
Res. 469) (H. Rept. 103-568) [29JN]
Consideration of H.R. 4683, State Control of Municipal Solid Waste
Transportation and Disposal (H. Res. 552) (H. Rept. 103-757)
[27SE]
Consideration of H.R. 4779, Limit Out-of-State Solid Waste
Disposal (H. Res. 551) (H. Rept. 103-756) [27SE]
Consideration of H.R. 4801, Small Business Act Amendments (H. Res.
494) (H. Rept. 103-627) [28JY]
Consideration of H.R. 4822, Congressional Accountability Act (H.
Res. 514) (H. Rept. 103-691) [9AU]
Consideration of H.R. 4906, Limit Consideration of Nonemergency
Matters in Emergency Legislation (H. Res. 513) (H. Rept. 103-
690) [9AU]
Consideration of H.R. 4907, Baseline Budgeting, Rescissions,
Spending Cuts for Deficit Reduction, and Emergency Designation
in Budget Legislation (H. Res. 512) (H. Rept. 103-689) [9AU]
Consideration of H.R. 4908, Hydrogen and Fusion Research and
Development Programs, and Nuclear and High Energy Physics
Programs Authorization (H. Res. 515) (H. Rept. 103-695) [10AU]
Consideration of H.R. 4926, Treatment of U.S. Banks by Foreign
Countries (H. Res. 543) (H. Rept. 103-743) [23SE]
Consideration of H.R. 5044, American Heritage Areas Partnership
Program Establishment (H. Res. 562) (H. Rept. 103-806) [3OC]
Consideration of H.R. 5110, GATT Ratification (H. Res. 564) (H.
Rept. 103-829) [4OC]
Consideration of H.R. 5231, Management of the Presidio, CA,
Military Facility (H. Res. 576) (H. Rept. 103-847) [6OC]
Consideration of S. 24, Independent Counsel Reauthorization (H.
Res. 439) (H. Rept. 103-527) [24MY]
Consideration of S. 208, National Park Service Concessions Policy
Reform (H. Res. 492) (H. Rept. 103-623) [27JY]
Consideration of S. 455, Payments in Lieu of Taxes Act (H. Res.
565) (H. Rept. 103-830) [4OC]
Consideration of S. 1066, Restore Federal Services to the Pokagon
Band of Potawatomi Indians (H. Res. 502) (H. Rept. 103-648)
[1AU]
Consideration of S. 1357, Little Traverse Bay Bands of Odawa
Indians and the Little River Band of Ottawa Indians Act (H.
Res. 501) (H. Rept. 103-647) [1AU]
Consideration of Senate Amendment to H.R. 1348, Quinebaug and
Shetucket Rivers Valley National Heritage Corridor Act (H.
Res. 575) (H. Rept. 103-846) [6OC]
Foreign Operations, Export Financing, and Related Programs
Appropriations (H.R. 4426) (H. Rept. 103-524) [23MY]
Limit Consideration of Nonemergency Matters in Emergency
Legislation (H.R. 4906) (H. Rept. 103-687) [9AU]
NSF Appropriations (H.R. 3254) (H. Rept. 103-485) [28AP]
Request Conference With the Senate on S. 636, Freedom of Access to
Clinic Entrances Act (H. Res. 374) (H. Rept. 103-427) [2MR]
Suspend the Rules for S. 349, Lobbying Disclosure Act (H. Res.
397) (H. Rept. 103-452) [23MR]
Waiving Points of Order Against Conference Report of H.R. 3345,
Federal Workforce Restructuring Act (H. Res. 388) (H. Rept.
103-436) [16MR]
Waiving Points of Order Against Conference Report on H. Con. Res.
218, Setting Forth the Federal Budget for 1995-99 (H. Res.
418) (H. Rept. 103-494) [4MY]
Waiving Points of Order Against Conference Report on H.R. 1804,
Goals 2000--Educate America Act (H. Res. 393) (H. Rept. 103-
447) [21MR]
Waiving Points of Order Against Conference Report on S. 636,
Freedom of Access to Clinic Entrances Act (H. Res. 417) (H.
Rept. 103-493 [4MY]
Waiving Requirement of Super Majority Vote Clause Relative to
Consideration of Certain Resolutions (H. Res. 356) (H. Rept.
103-421) [9FE]
COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY (House)
Reports filed
Evaluation of Dept. of Energy Research and Development
Laboratories and Consolidation of Technology Transfer
Activities (H.R. 1432) (H. Rept. 103-484) [19MY]
Hydrogen and Fusion Research and Development Programs, and Nuclear
and High Energy Physics Programs Authorization (H.R. 4908) (H.
Rept. 103-674) [5AU]
NASA Appropriations (H.R. 4489) (H. Rept. 103-654) [3AU]
National Science and Technology Policy, Organization, and
Priorities Act (H.R. 3476) (H. Rept. 103-473) [12AP]
NOAA Appropriations (H.R. 4008) (H. Rept. 103-583) [29JY]
NSF Appropriations (H.R. 3254) (H. Rept. 103-475) [13AP]
Research and Development of Environmental Technology (H.R. 3870)
(H. Rept. 103-536) [8JN]
Risk Assessment Improvement Act (H.R. 4306) (H. Rept. 103-857)
[7OC]
COMMITTEE ON SMALL BUSINESS (House)
Bills and resolutions
Investigations and studies: expenses (see H. Res. 359) [10FE]
Reports filed
Encourage Small and Minority-Owned Businesses To Participate in
Federal Procurement and Government Contracts (H.R. 4263) (H.
Rept. 103-608) [18JY]
Small Business Act Amendments (H.R. 4801) (H. Rept. 103-616)
[21JY]
Small Business Development Company Program Appropriations (H.R.
4322) (H. Rept. 103-572) [30JN]
COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT (House)
Motions
House Post Office: investigation of activity relative to
violations of House Rules or embezzlement of public funds by
Members of Congress (H. Res. 238) [2MR]
COMMITTEE ON THE BUDGET (House)
Reports filed
Consideration of H. Con. Res. 218, Setting Forth the Federal
Budget for 1995-99 (H. Res. 384) (H. Rept. 103-429) [9MR]
Setting Forth the Federal Budget for 1995-99 (H. Con. Res. 218)
[8MR]
COMMITTEE ON THE DISTRICT OF COLUMBIA (House)
Reports filed
Federal Payments to the District of Columbia (H.R. 2902) (H. Rept.
103-754) [27SE]
COMMITTEE ON THE JUDICIARY (House)
Bills and resolutions
Investigations and studies: expenses (see H. Res. 358) [10FE]
Pratt, Elmer (Geronimo): reconsideration of California conviction
and investigation into relative FBI information (see H. Res.
392) [17MR]
Reports filed
Administrative Conference of the U.S. Extension (H.R. 4490) (H.
Rept. 103-854) [7OC]
Aleutian and Pribilof Restitution Act Appropriations (S. 1457) (H.
Rept. 103-833) [4OC]
Antitrust Exemption Applicable to the Insurance Industry (H.R. 9)
(H. Rept. 103-853) [7OC]
Antitrust Reform Act (H.R. 3626) (H. Rept. 103-559) [24JN]
Application of Antitrust Laws to Major League Baseball Players'
Strike (H.R. 4994) (H. Rept. 103-871) [29NO]
Application System for Process Patents (H.R. 4307) (H. Rept. 103-
728) [20SE]
[[Page 2719]]
Bankruptcy Reform Act (H.R. 5116) (H. Rept. 103-835) [4OC]
Commission on Civil Rights Management Activities (H.R. 4999) (H.
Rept. 103-775) [3OC]
Constitutional Procedures for the Imposition of Capital Punishment
(H.R. 4035) (H. Rept. 103-467) [12AP]
Dept. of Commerce Patent and Trademark Office Appropriations (H.R.
4608) (H. Rept. 103-777) [3OC]
Federal Penalties for Fraud Against Insurance Companies (H.R. 665)
(H. Rept. 103-468) [12AP]
General Aviation Revitalization Act (S. 1458) (H. Rept. 103-525)
[24JN]
Imposition of Capital Punishment for Certain Crimes (H.R. 4032)
(H. Rept. 103-466) [12AP]
Incarceration of Violent Repeat Offenders, Prison Overcrowding
Remedies, and Reduction of Recidivism Rate (H.R. 3968) (H.
Rept. 103-462) [12AP]
Initiating a Community Justice Program To Assist in the Prevention
of Crime (H.R. 4033) (H. Rept. 103-459) [24MR]
International Antitrust Enforcement Assistance Act (H.R. 4781) (H.
Rept. 103-772) [3OC]
Jurisdiction of U.S. Courts in Cases Involving Torture or
Extrajudicial Killings in Foreign Countries (H.R. 934) (H.
Rept. 103-702) [16AU]
Kansas and Missouri Metropolitan Culture District Compact (H.R.
4896) (H. Rept. 103-774) [3OC]
Law Enforcement Wiretap Capability Relative to Digital
Transmissions and Other Emerging Telecommunication
Technologies (H.R. 4922) (H. Rept. 103-827) [4OC]
Limit State Taxation of Pension Income (H.R. 546) (H. Rept. 103-
776) [3OC]
Mandatory Life Imprisonment for Individuals Convicted of a Third
Violent Felony (H.R. 3981) (H. Rept. 103-463) [12AP]
Mandatory Minimum Sentences for Certain Crimes (H.R. 3979) (H.
Rept. 103-460) [24MR]
Office of Government Ethics Appropriations (H.R. 2289) (H. Rept.
103-785) [7OC]
Penalties for the Illegal Sale of Medals of Honor (H.R. 5102) (H.
Rept. 103-786) [3OC]
Prohibit Transfer or Sale of Assault Weapons (H.R. 4296) (H. Rept.
103-489) [2MY]
Prosecution of Juveniles as Adults for Certain Violent Offenses
(H.R. 4031) (H. Rept. 103-465) [12AP]
Racially Discriminatory Capital Sentencing (H.R. 4017) (H. Rept.
103-458) [24MR]
Registration and Protection of Trademarks Used in International
Commerce (H.R. 2129) (H. Rept. 103-780) [3OC]
Resolution of Arizona Land Claims (S. 1233) (H. Rept. 103-773)
[3OC]
Revise Habeas Corpus Proceedings (H.R. 4018) (H. Rept. 103-470)
[12AP]
Secondary Transmissions of Superstations and Network Stations for
Private Home Viewing (H.R. 1103) (H. Rept. 103-703) [16AU]
Sexual Exploitation of Children (House) (H.R. 3993) (H. Rept. 103-
469) [12AP]
Strengthen Federal Prohibitions Against Assaulting Children (H.R.
1120) (H. Rept. 103-461) [12AP]
Transportation Law Amendments (H.R. 4778) (H. Rept. 103-831) [4OC]
Victim Assistance Programs (H.R. 4030) (H. Rept. 103-464) [12AP]
COMMITTEE ON VETERANS' AFFAIRS (House)
Bills and resolutions
Lewis, Representative Ron: election to the Committee on
Agriculture (House) and to the Committee on Veterans' Affairs
(House) (see H. Res. 456) [15JN]
Reports filed
Claude Harris, Jr., Veterans' Medical Center Building, Tuscaloosa,
AL, (H.R. 4948) (H. Rept. 103-823) [3OC]
Compensation for Persian Gulf Conflict Veterans and Increased
Research Relative to Illnesses Attributed to Service During
Conflict (H.R. 4386) (H. Rept. 103-669) [4AU]
Compensation Rate for Veterans With Service-Connected Disabilities
and Survivors' Dependency and Indemnity Compensation (H.R.
4088) (H. Rept. 103-668) [4AU]
Construction of Dept. of Veterans Affairs Medical Facilities (H.R.
4425) (H. Rept. 103-518) [20MY]
Construction of Facility at the Hines Veterans Hospital, Hines, IL
(H.R. 1617) (H. Rept. 103-476) [14AP]
Establish a Dept. of Veterans Affairs Women's Bureau (H.R. 3013)
(H. Rept. 103-538) [9JN]
Health Security Act (H.R. 3600) (H. Rept. 103-601) [2AU]
Staffing Guidelines for the Veterans Health Administration and
Establishment of Health Care Delivery Programs (H.R. 4013) (H.
Rept. 103-477) [14AP]
Veterans' Education and Training Act (H.R. 4768) (H. Rept. 103-
631) [28JY]
Veterans' Employment Act (H.R. 4776) (H. Rept. 103-630) [28JY]
Veterans Housing Programs (H.R. 4724) (H. Rept. 103-629) [28JY]
COMMITTEE ON WAYS AND MEANS (House)
Reports filed
Continuation of Certain SEC Fee Collections (H.R. 4060) (H. Rept.
103-739) [22SE]
Establish Social Security Administration as Independent Agency
(H.R. 4277) (H. Rept. 103-506) [12MY]
Export Administration Act (H.R. 3937) (H. Rept. 103-531) [17JN]
GATT Ratification (H.R. 5110) (H. Rept. 103-826) [3OC]
Health Security Act (H.R. 3600) (H. Rept. 103-601) [14JY]
Management of the Presidio Military Facility (H.R. 3433) (H. Rept.
103-615) [9AU]
Maritime Programs Appropriations and Revitalization of U.S.-Flag
Merchant Marine (H.R. 4003) (H. Rept. 103-544) [29JY]
Most-Favored-Nation Status for the People's Republic of China
(H.J. Res. 373) (H. Rept. 103-575) [30JN]
Most-Favored-Nation Status for the People's Republic of China
(H.R. 4590) (H. Rept. 103-640) [1AU]
Retirement Protection Act (H. 3396) (H. Rept. 103-632) [29JY]
Social Security Management of Domestic Service Employment Taxes,
Federal Disability Insurance Trust Fund, and Benefits for
Incarcerated Individuals (H.R. 4278) (H. Rept. 103-491) [4MY]
Streamline and Improve Cleanup Standards of CERCLA (H.R. 3800) (H.
Rept. 103-582) [26AU]
Temporary Suspension of Duty on Personal Effects of Participants
in Certain International Sporting Events (H.R. 4066) (H. Rept.
103-454) [24MR]
COMMITTEES OF THE HOUSE
Bills and resolutions
Committee on Armed Services (House): expenses for investigations
and studies (see H. Res. 347) [7FE]
Committee on Banking, Finance and Urban Affairs (House): expenses
for investigations and studies (see H. Res. 334) [1FE]
Committee on Energy and Commerce (House): expenses for
investigations and studies (see H. Res. 367) [23FE]
Committee on Foreign Affairs (House): expenses for investigations
and studies (see H. Res. 348) [7FE]
Committee on Intelligence (House, Select): expenses for
investigations and studies (see H. Res. 342) [3FE]
Committee on Public Works and Transportation (House): expenses for
investigations and studies (see H. Res. 350) [7FE]
Committee on Small Business (House): expenses for investigations
and studies (see H. Res. 359) [10FE]
Committee on Standards of Official Conduct (House): expenses for
investigations and studies (see H. Res. 332) [26JA]
Committee on the Judiciary (House): expenses for investigations
and studies (see H. Res. 358) [10FE]
Congress: amend U.S. Code relative to names of committees (see
H.R. 4777) [18JY]
House Rules: prohibit voting by proxy in committees and
subcommittees (see H. Res. 425) [12MY]
Lewis, Representative Ron: election to the Committee on
Agriculture (House) and to the Committee on Veterans' Affairs
(House) (see H. Res. 456) [15JN]
Lucas, Representative: election to Committee on Agriculture and
Committee on Government Operations (see H. Res. 442) [25MY]
Members of Congress: designate minority membership (see H. Res.
335) [2FE]
Motions
Investigations and studies: expenses (H. Res. 369) [22MR]
Reports filed
Amend U.S. Code Relative to Names of Congressional Committees:
Committee on the Judiciary (House) (H.R. 4777) (H. Rept. 103-
779) [3OC]
Expenses for Investigations and Studies: Committee on House
Administration (House) (H. Res. 369) (H. Rept. 103-433) [15MR]
------Committee on House Administration (House) (H. Res. 387) (H.
Rept. 103-434) [15MR]
Revised Subdivision of Budget Totals: Committee on Appropriations
(House) (H. Rept. 103-505) [12MY]
------Committee on Appropriations (House) (H. Rept. 103-549)
[16JN]
------Committee on Appropriations (House) (H. Rept. 103-664) [4AU]
------Committee on Appropriations (House) (H. Rept. 103-665) [4AU]
------Committee on Appropriations (House) (H. Rept. 103-735)
[21SE]
COMMODITY CREDIT CORP.
Messages
Report: President Clinton [8JN]
COMMON CARRIERS
related term(s) Airlines, Airports, and Aeronautics; Cargo
Transportation; Motor Vehicles; Railroads; Transportation
Bills and resolutions
Airlines: improve air carrier safety (see H.R. 5305) [29NO]
Amtrak: authorizing appropriations (see H.R. 4111) [22MR]
Motor vehicles: length and weight limitations for vehicles on
Federal-aid highways (see H.R. 4496) [25MY]
NTSB: authorizing appropriations (H.R. 2440), concur to Senate
amendment with an amendment (see H. Res. 558) [3OC]
Railroads: improve safety at grade crossings and rights-of-way
(see H.R. 4630) [22JN]
Taxation: deduction of business meal expenses subject to Federal
hours of limitation (see H.R. 4986) [18AU]
Transportation: establish a National Transportation System (see
H.R. 4305) [28AP]
Reports filed
Amtrak Appropriations: Committee on Energy and Commerce (House)
(H.R. 4111) (H. Rept. 103-698) [11AU]
High-Speed Rail Transportation Development Appropriations:
Committee on Energy and Commerce (House) (H.R. 4867) (H. Rept.
103-692) [10AU]
Prohibit Smoking on All Airline Flights: Committee on Public Works
and Transportation (House) (H.R. 4495) (H. Rept. 103-771)
[3OC]
COMMONWEALTH OF INDEPENDENT STATES
Bills and resolutions
Tajikistan: promote resolution of conflict and respect for human
rights (see H. Con. Res. 214) [3MR]
Messages
Addition of Ukraine to the Generalized System of Preferences:
President Clinton [3MR]
Reports filed
Trade With Russia and the Newly Independent States: Committee on
Government Operations (House) (H. Rept. 103-867) [29NO]
COMMUNICATIONS
see Telecommunications
COMMUNISM
Bills and resolutions
China, People's Republic of: most-favored-nation status (see H.J.
Res. 373) [8JN]
------most-favored-nation status (H.J. Res. 373), consideration
(see H. Res. 509) [5AU]
------most-favored-nation status (H.R. 4590), consideration (see
H. Res. 509) [5AU]
Cuban Democracy Act: repeal (see H.R. 4941) [11AU]
Immigration: eliminate the accelerated permanent-residency status
process for Cuban nationals (see H.R. 3854) [10FE]
[[Page 2720]]
Vietnam: U.S. policy relative to human rights progress (see H.
Con. Res. 216) [8MR]
Reports filed
Consideration of H.J. Res. 373, Most-Favored-Nation Status for the
People's Republic of China: Committee on Rules (House) (H.
Res. 509) (H. Rept. 103-673) [5AU]
Consideration of H.R. 4590, Most-Favored-Nation Status for the
People's Republic of China: Committee on Rules (House) (H.
Res. 509) (H. Rept. 103-673) [5AU]
Most-Favored-Nation Status for the People's Republic of China:
Committee on Ways and Means (House) (H.J. Res. 373) (H. Rept.
103-575) [30JN]
------Committee on Ways and Means (House) (H.R. 4590) (H. Rept.
103-640) [1AU]
COMMUNITY DEVELOPMENT IMPROVEMENT ACT
Appointments
Conferees: H.R. 3474, provisions [21AP] [23MY]
Bills and resolutions
Enact (H.R. 3474): consideration of conference report (see H. Res.
506) [3AU]
Reports by conference committees
Provisions (H.R. 3474) [2AU]
Reports filed
Consideration of Conference Report on H.R. 3474, Provisions:
Committee on Rules (H. Res. 506) (H. Rept. 103-659) [3AU]
Provisions: Committee of Conference (H.R. 3474) (H. Rept. 103-652)
[2AU]
COMMUNITY SERVICE
related term(s) Volunteer Workers
Bills and resolutions
Children and youth: provide grants to local governments and
community-based organizations for mentor programs (see H.R.
4186) [13AP]
Crime: assistance to local educational agencies and community-
based organizations relative to hate crimes (see H.R. 4234)
[14AP]
Mennonite Mutual Aid (organization): tribute (see H. Res. 478)
[14JY]
National Community Residential Care Month: designate (see H.J.
Res. 331) [8MR]
National Neighborhood Crime Watch Day: designate (see H.J. Res.
374) [9JN]
Taxation: treatment of contributions made to organizations
supporting at-risk youth and teenagers (see H.R. 4899) [4AU]
COMPETITIVENESS POLICY COUNCIL
Appointments
Members [29NO]
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT
Bills and resolutions
Ecology and environment: amend relative to liability, State
implementation, remedy selection, and funding (see H.R. 4161)
[24MR]
------streamline the remedy selection process and improve cleanup
standards (see H.R. 3800) [3FE]
Reports filed
Streamline and Improve Cleanup Standards of CERCLA: Committee on
Energy and Commerce (House) (H.R. 3800) (H. Rept. 103-582)
[12JY]
------Committee on Public Works and Transportation (House) (H.R.
3800) (H. Rept. 103-582) [8AU]
------Committee on Ways and Means (House) (H.R. 3800) (H. Rept.
103-582) [26AU]
COMPREHENSIVE ONE-CALL NOTIFICATION ACT
Bills and resolutions
Enact (see H.R. 5248) [7OC]
Reports filed
Provisions: Committee on Energy and Commerce (House) (H.R. 4394)
(H. Rept. 103-765) [29SE]
------Committee on Public Works and Transportation (House) (H.R.
4394) (H. Rept. 103-765) [30SE]
COMPREHENSIVE SUPERFUND IMPROVEMENT ACT
Bills and resolutions
Enact (see H.R. 4161) [24MR]
COMPUTERS
related term(s) Electronics; Technology
Bills and resolutions
Employment: provide access to career information on public
networks and electronic media (see H.R. 4872) [1AU]
Information services: establish voluntary standards for data
encryption (see H.R. 5199) [6OC]
Telecommunications: prevent harassment through computers or other
two-way telecommunication devices (see H.R. 5015) [21AU]
Reports filed
Law Enforcement Wiretap Capability Relative to Digital
Transmissions and Other Emerging Telecommunication
Technologies: Committee on the Judiciary (House) (H.R. 4922)
(H. Rept. 103-827) [4OC]
CONDIT, GARY A. (a Representative from California)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Conferee: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
Bills and resolutions introduced by
Air pollution: transfer of air emission credits from military
installation closures to redevelopment authority (see H.R.
4182) [13AP]
Crime: Federal reimbursement to State and local governments for
the cost of incarcerating aliens (see H.R. 3872) [22FE]
Federal-State relations: reduce State and local costs due to
unfunded Federal mandates (H.R. 140), consideration (see H.
Res. 489) [25JY]
Food industry: regulation of labeling terms for poultry (see H.R.
4839) [27JY]
Health: fair information practices for health information (see
H.R. 4077) [17MR]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
CONFERENCE OF THE INTERPARLIAMENTARY UNION
Appointments
Members [12SE]
CONFERENCES
Appointments
Interparliamentary Union [17MR] [18MR]
Mexico-U.S. Interparliamentary Group [17MR]
White House Conference on Aging Policy Committee [21JN] [22JY]
Bills and resolutions
Small business: require White House Conference on Small Business
to publish final report in the Federal Register and to
distribute copies to SBA regional offices (see H.R. 4874)
[1AU]
Urban areas: establish Geno Baroni Commission on Neighborhoods and
provide for White House Conference on Neighborhoods (see H.R.
4580) [14JN]
CONGRESS
related term(s) House of Representatives; Legislative Branch of the
Government; Members of Congress
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Conferees: H.R. 4454, legislative branch of the Government
appropriations [28JN]
------S. 1587, Federal Acquisition Streamlining Act [4AU]
George Washington's Birthday ceremonies delegation [10FE]
Interparliamentary Union [17MR]
Mexico-U.S. Interparliamentary Group [17MR]
Bills and resolutions
Adjournment (see H. Con. Res. 206, 263, 289) [10FE] [29JN] [21AU]
------waiver of sine die requirement (H. Con. Res. 275),
consideration (see H. Res. 495) [28JY]
Appropriations: constitutional amendment on line-item veto (see
H.J. Res. 321) [9FE]
Budget: applicability of extraneous matter rule in budget
reconciliation legislation (see H.R. 4780) [19JY]
------consideration of budget authority rescission proposals (see
H.R. 4600) [17JN]
------consideration of budget authority rescission proposals (H.R.
4600), consideration (see H. Res. 467) [28JN]
------program specificity in consideration of concurrent
resolutions (see H.R. 4678) [29JN]
------reform of baseline budgeting, consideration of rescissions,
use of spending cuts for deficit reduction, and treatment of
emergency designation in legislation (see H.R. 4907) [5AU]
------reform of baseline budgeting, consideration of rescissions,
use of spending cuts for deficit reduction, and treatment of
emergency designation in legislation (H.R. 4907),
consideration (see H. Res. 512) [9AU]
------setting forth the Federal budget for 1995-99 (see H. Con.
Res. 218) [8MR]
------setting forth the Federal budget for 1995-99 (H. Con. Res.
218), consideration (see H. Res. 384) [9MR]
Clinton, President: notification of the assembly of Congress (see
H. Res. 325) [25JA]
Committee on Banking, Finance and Urban Affairs (House): expenses
for investigations and studies (see H. Res. 334) [1FE]
Committee on Small Business (House): expenses for investigations
and studies (see H. Res. 359) [10FE]
Committee on Standards of Official Conduct (House): investigation
of House Post Office activity relative to violations of House
Rules or embezzlement of public funds by Members of Congress
(see H. Res. 375) [2MR]
Committee on the Judiciary (House): expenses for investigations
and studies (see H. Res. 358) [10FE]
Committees of the House: designate minority membership (see H.
Res. 335) [2FE]
Congressional Budget and Impoundment Control Act: limit
consideration of nonemergency matters in emergency legislation
(see H.R. 4906) [5AU]
------limit consideration of nonemergency matters in emergency
legislation (H.R. 4906), consideration (see H. Res. 513) [9AU]
Congressional committtees: amend U.S. Code relative to names of
committees (see H.R. 4777) [18JY]
Congressional employees: application of certain employment,
health, and safety laws and rights (see H.R. 4444) [18MY]
Congressional Record: require payment from House Members' official
expense account relative to matter printed in the Extensions
of Remarks (see H. Res. 573) [6OC]
Contracts: revise and streamline Federal procurement and
acquisition laws (S. 1587), corrections in enrollment (see H.
Con. Res. 291) [20SE]
Economy: impact of Federal legislation and regulations on business
and local government (see H.R. 4006) [10MR]
Elections: change election day to first Monday in November and
make election day a legal public holiday (see H.R. 4485)
[24MY]
------reporting requirements (see H.R. 4703) [30JN]
Federal employees: record-keeping requirements of usage of motor
vehicles owned or leased by Federal agencies (see H.R. 5122)
[28SE]
GATT: application of fast-track procedures for implementation (see
H.R. 5163) [4OC]
Government: listing of telephone numbers on stationary of Federal
agencies (see H.R. 4352) [5MY]
``History of the United States House of Representatives'':
authorize printing (see H. Con. Res. 293) [22SE]
House of Representatives: administration of oath of office to
Steve Largent (see H. Res. 585) [29NO]
------application of certain laws (see H. Res. 578) [7OC]
------application of certain laws (H. Res. 578), consideration
(see H. Res. 579) [7OC]
------early organization of the 104th Congress (see H. Res. 581)
[7OC]
------improve official mail accountability by repealing franking
privilege (see H.R. 5272) [7OC]
------official travel requirements (see H.R. 5293) [29NO]
------printing of revised edition of Rules and Manual of the House
of Representatives (see H. Res. 580) [7OC]
------prohibit voting by proxy and ghost voting (see H.R. 4348)
[4MY]
[[Page 2721]]
------public release of documents relative to the investigation of
the House Post Office (see H. Res. 450) [9JN]
------purchase of House calendars (see H.R. 3779) [2FE]
------require monthly statement of costs for use of frank (see
H.R. 4406) [12MY]
------require rollcall votes on passage of appropriations,
revenue, or public debt limit legislation (see H. Res. 511)
[8AU]
House Rules: limit appropriations for office salaries and expenses
(see H. Res. 365) [22FE]
------require temporary step aside of chairman or ranking minority
party member who is indicted (see H. Res. 448) [8JN]
------require two-thirds vote to disallow germane amendments (see
H. Res. 438) [24MY]
Legislative branch of the Government: application of certain laws
(see H.R. 4892) [3AU]
------application of certain laws (H.R. 4822), consideration (see
H. Res. 514) [9AU]
------application of OSHA laws (see H.R. 4739) [13JY]
------appropriations reduction (see H.R. 4405) [12MY]
------improve operation and administration (see H.R. 3801) [3FE]
------making appropriations (see H.R. 4454) [19MY]
------making appropriations (H.R. 4454), consideration (see H.
Res. 444) [25MY]
------making appropriations (H.R. 4454), consideration of
conference report (see H. Res. 470) [29JN]
Lucas, Representative: election to Committee on Agriculture and
Committee on Government Operations (see H. Res. 442) [25MY]
Members of Congress: constitutional amendment to limit terms and
to provide for a 4-year term for Representatives (see H.J.
Res. 339) [16MR]
------eliminate automatic pay adjustments (see H.R. 3729) [25JA]
------ensure equal coverage and benefits as private citizens under
national health care system (see H. Res. 434) [23MY]
------establish a national advisory referendum on limiting of
terms (see H.R. 3835) [9FE]
------establish a national advisory referendum on limiting of
terms (H.R. 3835), consideration (see H. Res. 408) [19AP]
------limit accrual of pension benefits to 12 years of service
(see H.R. 5042) [13SE]
Murphy, Representative: tribute to current and former staff
members (see H. Res. 589) [29NO]
States: prohibit intentional creation of legislative districts
based on the race, color, national origin, or language of
voters within such districts (see H.R. 4637) [23JN]
Tobacco products: award Congressional Medal of Appreciation for
Public Spirit to person who made public concealed documents
relative to health hazards of smoking (see H.J. Res. 367)
[18MY]
Motions
Adjournment (H. Con. Res. 289) [26AU]
Budget: establish direct spending targets (H.R. 4604) [21JY]
------setting forth the Federal budget for 1995-99 (H. Con. Res.
218) [14AP]
Committee on Standards of Official Conduct (House): investigation
of House Post Office activity relative to violations of House
Rules or embezzlement of public funds by Members of Congress
(H. Res. 238) [2MR]
Contracts: revise and streamline Federal procurement and
acquisition laws (S. 1587), insert language of H.R. 2238 in
lieu [27JN]
House of Representatives: adjournment [1FE] [4OC]
Legislative branch of the Government: making appropriations (H.R.
4454) [26MY] [28JN]
Reports by conference committees
Federal Acquisition Streamlining Act (S. 1587) [21AU]
Legislative Branch of the Government Appropriations (H.R. 4454)
[28JN]
Setting Forth the Federal Budget for 1995-99 (H. Con. Res. 218)
[4MY]
Reports filed
Administrative Procedures for Recognition of Indian Groups:
Committee on Natural Resources (House) (H.R. 4462) (H. Rept.
103-782) [3OC]
Amend House Rules Relative to the Application of Certain Laws to
the House of Representatives: Committee on Rules (House) (H.
Res. 571) (H. Rept. 103-841) [5OC]
Amend U.S. Code Relative to Names of Congressional Committees:
Committee on the Judiciary (House) (H.R. 4777) (H. Rept. 103-
779) [3OC]
Baseline Budgeting, Rescissions, Spending Cuts for Deficit
Reduction, and Emergency Designation in Federal Budget
Legislation: Committee on Rules (House) (H.R. 4907) (H. Rept.
103-688) [9AU]
Budget Control Act: Committee on Rules (House) (H.R. 4604) (H.
Rept. 103-602) [14JY]
Central Midwest Interstate Low-Level Radioactive Waste Compact:
Committee on Natural Resources (House) (H.R. 4814) (H. Rept.
103-816) [3OC]
Committee on Energy and Commerce (House) Activities for the First
Session of the 103d Congress: Committee on Energy and Commerce
(House) (H. Rept. 103-417) [3FE]
Congressional Accountability Act: Committee on House
Administration (House) (H.R. 4822) (H. Rept. 103-650) [2AU]
------Committee on Rules (House) (H.R. 4822) (H. Rept. 103-650)
[2AU]
Congressional Recognition Status of Indian Tribes and Alaska
Native Groups: Committee on Natural Resources (House) (H.R.
4180) (H. Rept. 103-781) [3OC]
Consideration of Conference Report on H.R. 4454, Legislative
Branch of the Government Appropriations: Committee on Rules
(House) (H. Res. 470) (H. Rept. 103-569) [29JN]
Consideration of H. Con. Res. 218, Setting Forth the Federal
Budget for 1995-99: Committee on Rules (House) (H. Res. 384)
(H. Rept. 103-429) [9MR]
Consideration of H. Con. Res. 275, Sine Die Adjournment
Requirement Waiver: Committee on Rules (House) (H. Res. 495)
(H. Rept. 103-628) [28JY]
Consideration of H. Res. 578, Application of Certain Laws to the
House of Representatives: Committee on Rules (House) (H. Res.
579) (H. Rept. 103-851) [7OC]
Consideration of H.J. Res. 416, Presence of U.S. Armed Forces in
Haiti: Committee on Rules (House) (H. Res. 570) (H. Rept. 103-
840) [5OC]
Consideration of H.R. 4454, Legislative Branch Appropriations:
Committee on Rules (House) (H. Res. 444) (H. Rept. 103-532)
[25MY]
Consideration of H.R. 4600, Budget Authority Rescission Proposals:
Committee on Rules (House) (H. Res. 467) (H. Rept. 103-565)
[28JN]
Consideration of H.R. 4604, Establish Direct Federal Budget
Spending Targets: Committee on Rules (House) (H. Res. 484) (H.
Rept. 103-614) [20JY]
Consideration of H.R. 4822, Congressional Accountability Act:
Committee on Rules (House) (H. Res. 514) (H. Rept. 103-691)
[9AU]
Consideration of H.R. 4906, Limit Consideration of Nonemergency
Matters in Emergency Legislation: Committee on Rules (House)
(H. Res. 513) (H. Rept. 103-690) [9AU]
Consideration of H.R. 4907, Baseline Budgeting, Rescissions,
Spending Cuts for Deficit Reduction, and Emergency Designation
in Budget Legislation: Committee on Rules (House) (H. Res.
512) (H. Rept. 103-689) [9AU]
Legislative Branch of the Government Appropriations: committee of
conference (H.R. 4454) (H. Rept. 103-567) [28JN]
------Committee on Appropriations (House) (H.R. 4454) (H. Rept.
103-517) [19MY]
Limit Consideration of Nonemergency Matters in Emergency
Legislation: Committee on Rules (House) (H.R. 4906) (H. Rept.
103-687) [9AU]
Presence of U.S. Armed Forces in Haiti: Committee on Foreign
Affairs (House) (H.J. Res. 416) (H. Rept. 103-819) [3OC]
Public Release of Documents Relative to the Investigation of the
House Post Office: Committee on House Administration (House)
(H. Res. 450) (H. Rept. 103-573) [30JN]
Setting Forth the Federal Budget for 1995-99: Committee on the
Budget (House) (H. Con. Res. 218) [8MR]
------committee of conference (H. Con. Res. 218) (H. Rept. 103-
490) [4MY]
Suspend the Rules for S. 349, Lobbying Disclosure Act: Committee
on Rules (House) (H. Res. 397) (H. Rept. 103-452) [23MR]
Waiving Points of Order Against Conference Report on H. Con. Res.
218, Setting Forth the Federal Budget for 1995-99: Committee
on Rules (House) (H. Res. 418) (H. Rept. 103-494) [4MY]
CONGRESSIONAL ACCOUNTABILITY ACT
Reports filed
Consideration of H.R. 4822, Provisions: Committee on Rules (House)
(H. Res. 514) (H. Rept. 103-691) [9AU]
Provisions: Committee on House Administration (House) (H.R. 4822)
(H. Rept. 103-650) [2AU]
------Committee on Rules (House) (H.R. 4822) (H. Rept. 103-650)
[2AU]
CONGRESSIONAL AWARD BOARD
Appointments
Members [11MR] [20DE]
CONGRESSIONAL BUDGET ACT
Bills and resolutions
Budget: discretionary spending limits, consideration (see H. Res.
459) [21JN]
CONGRESSIONAL BUDGET AND IMPOUNDMENT CONTROL ACT
Bills and resolutions
Budget: consideration of budget authority rescission proposals
(see H.R. 4600) [17JN]
------consideration of budget authority rescission proposals (H.R.
4600), consideration (see H. Res. 467) [28JN]
Congress: limit consideration of nonemergency matters in emergency
legislation (see H.R. 4906) [5AU]
------limit consideration of nonemergency matters in emergency
legislation (H.R. 4906), consideration (see H. Res. 513) [9AU]
Reports filed
Consideration of H.R. 4600, Budget Authority Rescission Proposals:
Committee on Rules (House) (H. Res. 467) (H. Rept. 103-565)
[28JN]
Consideration of H.R. 4906, Limit Consideration of Nonemergency
Matters in Emergency Legislation: Committee on Rules (House)
(H. Res. 513) (H. Rept. 103-690) [9AU]
Limit Consideration of Nonemergency Matters in Emergency
Legislation: Committee on Rules (House) (H.R. 4906) (H. Rept.
103-687) [9AU]
CONGRESSIONAL COMMITTEES
see Congress
CONGRESSIONAL EMPLOYEES
see Congress
CONNECTICUT
Bills and resolutions
Quinebaug and Shetucket Rivers Valley National Heritage Corridor:
establish (H.R. 1348), consideration of Senate amendment (see
H. Res. 575) [6OC]
Reports filed
Consideration of Senate Amendment to H.R. 1348, Quinebaug and
Shetucket Rivers Valley National Heritage Corridor Act:
Committee on Rules (House) (H. Res. 575) (H. Rept. 103-846)
[6OC]
Designating Segment of Farmington River as Component of Wild and
Scenic Rivers System: Committee on Natural Resources (House)
(H.R. 2815) (H. Rept. 103-430) [10MR]
Settlement of Land Claims By Native Americans in Connecticut:
Committee on Natural Resources (House) (H.R. 4653) (H. Rept.
103-676) [5AU]
CONSERVATION OF ENERGY
Bills and resolutions
Power resources: management of the strategic petroleum reserve
(see H.R. 4750, 4752) [13JY]
Reports filed
Management of the Strategic Petroleum Reserve: Committee on Energy
and Commerce (House) (H.R. 4752) (H. Rept. 103-663) [3AU]
Remove Certain Power Facility Size Limitations to Encourage the
Production of Renewable Resource En-P
[[Page 2722]]
ergy: Committee on Energy and Commerce (House) (H.R. 4866) (H.
Rept. 103-684) [8AU]
CONSERVATION OF NATURAL RESOURCES
related term(s) Ecology and Environment; Natural Resources
Bills and resolutions
Agriculture: extend conservation reserve program and wetlands
reserve program (see H.R. 3894) [24FE]
Gilpin County, CO: Federal land acquisition (see H.R. 5016) [21AU]
Public lands: promote certain activities to address the adverse
impact of wildfires (see H.R. 5097) [23SE]
Taxation: treatment of water conservation subsidies (see H.R.
4548) [8JN]
Upper Yampa Water Conservancy Project: authorize the transfer of a
certain loan contract (see H.R. 4525) [26MY]
Water: conservation and development of resources, and river and
harbor improvement projects (see H.R. 4886) [2AU]
Reports filed
Atlantic Striped Bass Conservation Act Amendments: Committee on
Merchant Marine and Fisheries (House) (H.R. 4504) (H. Rept.
103-584) [12JY]
Conservation and Development of Resources, and River and Harbor
Improvement Projects: Committee on Public Works and
Transportation (House) (H.R. 4460) (H. Rept. 103-770) [30SE]
Junior Duck Stamp Conservation Program Appropriations: Committee
on Merchant Marine and Fisheries (House) (H.R. 3679) (H. Rept.
103-521) [23MY]
Upper Yampa Water Conservancy Project Loan Contract Transfer:
Committee on Natural Resources (House) (H.R. 4525) (H. Rept.
103-792) [3OC]
CONSOLIDATED FARM AND RURAL DEVELOPMENT ACT
Bills and resolutions
Amend: technical corrections (see H.R. 5065) [20SE]
CONSTITUTIONAL AMENDMENTS
Bills and resolutions
Appropriations: constitutional amendment on line-item veto (see
H.J. Res. 321) [9FE]
Flag--U.S.: constitutional amendment to prohibit desecration (see
H.J. Res. 428) [7OC]
Government: constitutional amendment to prohibit certain
government service by individuals convicted of a crime subject
to a term of imprisonment of 6 months or longer (see H.J. Res.
427) [7OC]
Members of Congress: constitutional amendment to limit terms and
to provide for a 4-year term for Representatives (see H.J.
Res. 339) [16MR]
Religion: constitutional amendment on free exercise (see H.J. Res.
407) [12SE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Reports filed
Constitutional Procedures for the Imposition of Capital
Punishment: Committee on the Judiciary (House) (H.R. 4035) (H.
Rept. 103-467) [12AP]
CONSTITUTION--U.S.
Bills and resolutions
Members of Congress: constitutional amendment to limit terms and
to provide for a 4-year term for Representatives (see H.J.
Res. 339) [16MR]
CONSTRUCTION INDUSTRIES
Bills and resolutions
District of Columbia: confirm and enforce limitations on the
height of buildings and roof structures (see H.R. 4243) [18AP]
Intelligence services: identification of construction projects in
budget submissions and authorization of such projects (see
H.R. 4940) [11AU]
Pipelines: mandatory one-call system to protect underground
facilities from damage by any excavation (see H.R. 4394, 5248)
[11MY] [7OC]
Motions
Military construction: making appropriations (H.R. 4453) [24MY]
------making appropriations (H.R. 4453), conference report [1AU]
Reports by conference committees
Military Construction Appropriations (H.R. 4453) [27JY]
Reports filed
Calculation of Public Buildings Transactions: Committee on Public
Works and Transportation (House) (H.R. 2680) (H. Rept. 103-
547) [14JN]
Comprehensive One-Call Notification Act: Committee on Energy and
Commerce (House) (H.R. 4394) (H. Rept. 103-765) [29SE]
------Committee on Public Works and Transportation (House) (H.R.
4394) (H. Rept. 103-765) [30SE]
Consideration of H.R. 4453, Military Construction Appropriations:
Committee on Rules (House) (H. Res. 433) (H. Rept. 103-523)
[23MY]
Federal Construction Procurement and Prevailing Wage Protection
for Construction Workers: Committee on Education and Labor
(House) (H.R. 1231) (H. Rept. 103-856) [7OC]
Military Construction Appropriations: committee of conference
(H.R. 4453) (H. Rept. 103-624) [27JY]
------Committee on Appropriations (House) (H.R. 4453) (H. Rept.
103-516) [19MY]
CONSUMER PRODUCT SAFETY COMMISSION
Appointments
Conferees: H.R. 965, Child Safety Protection Act [13AP]
Reports by conference committees
Child Safety Protection Act (H.R. 965) [11MY]
Reports filed
Child Safety Protection Act: committee of conference (H.R. 965)
(H. Rept. 103-500) [11MY]
CONSUMER PROTECTION TELEMARKETING ACT
Bills and resolutions
Enact (H.R. 868): Senate amendment (see H. Res. 488) [25JY]
CONSUMERS
related term(s) Credit; Toys
Appointments
Conferees: H.R. 965, Child Safety Protection Act [13AP]
Bills and resolutions
Business and industry: notification of consumers on lists compiled
for sale to businesses (see H.R. 4353) [5MY]
Credit: civil penalties for unlawful billing under a consumer
credit plan (see H.R. 4629) [22JN]
------require disclosures by credit reporting agencies to the FBI
for counterintelligence purposes (see H.R. 5143) [30SE]
FTC: consumer protection in telephone sales (H.R. 868), Senate
amendment (see H. Res. 488) [25JY]
Health: quality safeguards for consumers of health care insurance,
products and services (see H.R. 4960) [12AU]
Social Security: prohibit buying and selling of account numbers
(see H.R. 4354) [5MY]
Telephones: require long distance services resellers to disclose
relationships to carriers from which services are acquired
(see H.R. 5112) [27SE]
------treatment of 800 numbers (see H.R. 4802) [20JY]
Reports by conference committees
Child Safety Protection Act (H.R. 965) [11MY]
Reports filed
Bankruptcy Reform Act: Committee on the Judiciary (House) (H.R.
5116) (H. Rept. 103-835) [4OC]
Child Safety Protection Act: committee of conference (H.R. 965)
(H. Rept. 103-500) [11MY]
Continuation of Certain SEC Fee Collections: Committee on Ways and
Means (House) (H.R. 4060) (H. Rept. 103-739) [22SE]
Establish Toll Free Dept. of Commerce Number To Assist Consumers
in Determining if Products Are Domestically Produced:
Committee on Energy and Commerce (House) (H.R. 3342) (H. Rept.
103-660) [3AU]
Fair Credit Reporting Act (H.R. 1015) (H. Rept. 103-486) [28AP]
Secondary Transmissions of Superstations and Network Stations for
Private Home Viewing: Committee on the Judiciary (House) (H.R.
1103) (H. Rept. 103-703) [16AU]
CONTINENTAL SHELF
Reports filed
Negotiate Agreements for the Use of Sand, Gravel, and Shell
Resources of the Outer Continental Shelf: Committee on Natural
Resources (House) (H.R. 3678) (H. Rept. 103-817) [3OC]
CONTRACTS
Appointments
Conferees: S. 1587, Federal Acquisition Streamlining Act [4AU]
Bills and resolutions
Executive departments: procurement of service contracts relative
to the ability of Federal employees to perform same duties at
lower costs (see H.R. 4486) [25MY]
Federal employees: prohibit contract employees from duties once
performed by employees that accepted voluntary separation
incentive payments (see H.R. 4488) [25MY]
------record-keeping requirements of usage of motor vehicles owned
or leased by Federal agencies (see H.R. 5122) [28SE]
Forests: forest health improvement programs on Federal lands
through the use of land stewardship contracts (see H.R. 5007)
[20AU]
Guam: grant authority for giving preference in awarding contracts
to companies employing U.S. citizens, nationals or permanent
resident aliens (see H.R. 5074) [22SE]
National Park Service: consideration of Native American businesses
for concessions contracts (see H.R. 4389) [11MY]
OMB: determine and report number of employees working under
contract for executive branch agencies (see H.R. 4487) [25MY]
Procurement: revise and streamline Federal acquisition laws (S.
1587), corrections in enrollment (see H. Con. Res. 291) [20SE]
Public works: private usage and contracting requirements of water
or wastewater facilities funded through tax-exempt municipal
bonds (see H.R. 3904) [24FE]
RTC: require competitive procedures for procuring property and
services (see H.R. 5251) [7OC]
Small business: encourage small and minority-owned businesses to
participate in Federal procurement and Government contracts
(see H.R. 4263) [20AP]
------modify financial disclosure requirements for individuals
applying for contract awards targeted for the economically
disadvantaged (see H.R. 4875) [1AU]
Motions
Procurement: revise and streamline Federal acquisition laws (S.
1587), insert language of H.R. 2238 in lieu [27JN]
Reports by conference committees
Federal Acquisition Streamlining Act (S. 1587) [21AU]
Reports filed
Consideration of S. 208, National Park Service Concessions Policy
Reform: Committee on Rules (House) (H. Res. 492) (H. Rept.
103-623) [27JY]
Encourage Small and Minority-Owned Businesses To Participate in
Federal Procurement and Government Contracts: Committee on
Small Business (House) (H.R. 4263) (H. Rept. 103-608) [18JY]
Federal Construction Procurement and Prevailing Wage Protection
for Construction Workers: Committee on Education and Labor
(House) (H.R. 1231) (H. Rept. 103-856) [7OC]
Improve Government Procurement Process: Committee on Armed
Services (House) (H.R. 2238) (H. Rept. 103-545) [17JN]
------Committee on Government Operations (House) (H.R. 2238) (H.
Rept. 103-545) [13JN]
National Park Service Concessions Policy Reform: Committee on
Natural Resources (House) (S. 208) (H. Rept. 103-571) [30JN]
CONYERS, JOHN, JR. (a Representative from Michigan)
Appointments
Conferee: H.R. 820, National Competitiveness Act [19JY]
------H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 3345, Federal Workforce Restructuring Act [11MR]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
[[Page 2723]]
------H.R. 4299, intelligence services appropriations [13SE]
------S. 636, Freedom of Access to Clinic Entrances Act [17MR]
------S. 1587, Federal Acquisition Streamlining Act [4AU]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Capitol Building and Grounds: provide for the placement of a
statue honoring African-American recipients of the
Congressional Medal of Honor (see H. Con. Res. 207) [10FE]
Committee on Government Operations (House): expenses for
investigations and studies (see H. Res. 353) [8FE]
Contracts: revise and streamline Federal procurement and
acquisition laws (S. 1587), corrections in enrollment (see H.
Con. Res. 291) [20SE]
Federal-State relations: reduce State and local costs due to
unfunded Federal mandates (see H.R. 5128) [29SE]
Firearms: license application fees and suspension of license upon
violations (see H.R. 4763) [14JY]
Government: reform Federal acquisition management and procedures
(see H.R. 4328) [3MY]
Haiti: support democracy restoration, grant temporary protected
status to alien Haitians in U.S., and terminate migrant
interdiction agreement (see H.R. 4264) [20AP]
Health: penalties for health care fraud (see H.R. 5258) [7OC]
Kennedy, John F.: assassination investigation records (see H.R.
4569) [13JN]
National Tap Dance Day: designate (see H.J. Res. 370) [25MY]
Voting: rights of former felons who have been released from
incarceration (see H.R. 4093) [18MR]
Motions offered by
Contracts: revise and streamline Federal procurement and
acquisition laws (S. 1587), insert language of H.R. 2238 in
lieu [27JN]
Reports by conference committees
Federal Acquisition Streamlining Act (S. 1587) [21AU]
Reports filed
Criminal Aliens--Federal Responsibility and State and Local
Burden: Committee on Government Operations (House) (H. Rept.
103-645) [1AU]
Exemption of Triple Base Acreage From Certain Highly Erodible Land
and Wetland Conservation Regulations: committee of conference
(H.R. 1587) (H. Rept. 103-712) [21AU]
Financial Management Act Reforms in the Dept. of Commerce:
Committee on Government Operations (House) (H. Rept. 103-862)
[29NO]
Financial Management in the Customs Service: Committee on
Government Operations (House) (H. Rept. 103-868) [29NO]
Health Security Act: Committee on Government Operations (House)
(H.R. 3600) (H. Rept. 103-601) [12AU]
Improve Government Procurement Process: Committee on Government
Operations (House) (H.R. 2238) (H. Rept. 103-545) [13JN]
Improving the Management of the FmHA Single-Family Housing
Portfolio Through Centralized Servicing and Mortgage
Escrowing: Committee on Government Operations (House) (H.
Rept. 103-609) [19JY]
Information Resources Management in a Reconfigured Dept. of
Agriculture: Committee on Government Operations (House) (H.
Rept. 103-610) [19JY]
Milstar Communications System--Comprehensive Reevaluation Needed:
Committee on Government Operations (House) (H. Rept. 103-864)
[29NO]
Poison Control Centers--On the Brink of Extinction: Committee on
Government Operations (House) (H. Rept. 103-860) [29NO]
Problems Facing Minority and Women-Owned Small Businesses:
Committee on Government Operations (House) (H. Rept. 103-870)
[29NO]
Release of John F. Kennedy Assassination Records: Committee on
Government Operations (House) (H.R. 4569) (H. Rept. 103-587)
[12JY]
Trade With Russia and the Newly Independent States: Committee on
Government Operations (House) (H. Rept. 103-867) [29NO]
Transfer to States Certain Surplus Property for Donation to
Impoverished Individuals: Committee on Government Operations
(House) (H.R. 2461) (H. Rept. 103-656) [3AU]
Uncertainty and Data Quality Problems Affecting Federal Reserve
Monetary Policy: Committee on Government Operations (House)
(H. Rept. 103-866) [29NO]
Vegetable Ink Printing Act: Committee on Government Operations
(House) (S. 716) (H. Rept. 103-625) [28JY]
World Food Program--Funding and Management Improvements Can
Strengthen Delivery of Food Aid: Committee on Government
Operations (House) (H. Rept. 103-865) [29NO]
COOPER, JIM (a Representative from Tennessee)
Bills and resolutions introduced by
Child support: improve collection system (see H.R. 4897) [4AU]
Courts: admissibility of certain evidence (see H.R. 4830) [26JY]
Families and domestic relations: paternal identification programs
(see H.R. 4898) [4AU]
Public Health Service: require informed consent from human
research subjects (see H.R. 3878) [23FE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY PREVENTION
Appointments
Members [21JN]
COPPERSMITH, SAM (a Representative from Arizona)
Bills and resolutions introduced by
Taxation: deductibility of expenses incurred from the business use
of the home (see H.R. 4258) [19AP]
Water: authorizing appropriations for U.S.-Mexico wastewater
treatment works (see H.R. 4478, 4479) [24MY]
COPYRIGHTS
related term(s) Patents
Appointments
Conferees: S. 1485, Satellite Carrier Compulsory License Extension
Act [16AU]
Motions
Telecommunications: satellite carrier compulsory license
extensions (S. 1485) [16AU]
Reports filed
Application System for Process Patents: Committee on the Judiciary
(House) (H.R. 4307) (H. Rept. 103-728) [20SE]
Secondary Transmissions of Superstations and Network Stations for
Private Home Viewing: Committee on the Judiciary (House) (H.R.
1103) (H. Rept. 103-703) [16AU]
CORINTH, MS
Reports filed
Corinth, MS, Civil War Battlefield Interpretive Center
Appropriations: Committee on Natural Resources (House) (S.
986) (H. Rept. 103-813) [3OC]
CORPORATION FOR PUBLIC BROADCASTING
Messages
Report: President Clinton [8MR] [18MY]
CORPORATIONS
Bills and resolutions
Financial institutions: Federal regulation of depository
institution service corporations (see H.R. 4097) [21MR]
Saudi Arabia: resolution of commercial disputes with U.S. firms
(see H.R. 4096) [21MR]
Taxation: capital gains (see H.R. 4099, 4269) [21MR] [20AP]
------modify certain rules of subchapter S corporations (see H.R.
4877) [1AU]
------treatment of controlled foreign corporation distributions
relative to investment of the distributions in the U.S. (see
H.R. 3933) [1MR]
Reports filed
Unlisted Trading Privileges for Corporate Securities: Committee on
Energy and Commerce (House) (H.R. 4535) (H. Rept. 103-626)
[28JY]
CORPUS CHRISTI, TX
Bills and resolutions
Bureau of Reclamation: negotiations relative to the Choke Canyon
Reservoir-Nueces River project (see H.R. 4631) [22JN]
CORRECTIONAL INSTITUTIONS
Appointments
Conferees: H.R. 4278, Social Security Domestic Employment Reform
Act [21JN]
Bills and resolutions
Aliens: negotiation of prisoner transfer treaties (see H.R. 4627)
[22JN]
Courts: incarceration of violent repeat offenders, prison
overcrowding remedies, and reduce rate of recidivism (see H.R.
3968) [8MR]
Dept. of Justice: authority to parole aliens into the U.S. (see
H.R. 5157) [3OC]
Education: require Federal prisoners to obtain a general
equivalency degree to receive credit toward service of
sentence (see H.R. 4199) [13AP]
Lorton Correctional Complex: transfer control to the Bureau of
Prisons (see H.R. 4293) [21AP]
Reports by conference committees
Social Security Domestic Employment Reform Act (H.R. 4278) [6OC]
Reports filed
Incarceration of Violent Repeat Offenders, Prison Overcrowding
Remedies, and Reduction of Recidivism Rate: Committee on the
Judiciary (House) (H.R. 3968) (H. Rept. 103-462) [12AP]
Mandatory Life Imprisonment for Individuals Convicted of a Third
Violent Felony: Committee on the Judiciary (House) (H.R. 3981)
(H. Rept. 103-463) [12AP]
Mandatory Minimum Sentences for Certain Crimes: Committee on the
Judiciary (House) (H.R. 3979) (H. Rept. 103-460) [24MR]
Social Security Domestic Employment Reform Act: committee of
conference (H.R. 4278) (H. Rept. 103-842) [6OC]
COST OF LIVING
see Economy; Income
COURTS
related term(s) Crime; Law Enforcement; Supreme Court
Appointments
Conferees: H.R. 3355, Violent Crime Control and Law Enforcement
Act [17MY] [23MY] [22JN] [19AU]
Bills and resolutions
Bankruptcy: debtor obligations under unexpired leases of personal
property (see H.R. 4474) [23MY]
------limit value of certain real and personal property relative
to exemptions under State or local laws (see H.R. 4493) [25MY]
Capital punishment: prevent racially discriminatory sentencing
(see H.R. 4017) [11MR]
------use of racially based quotas to determine sentencing (see H.
Con. Res. 316) [7OC]
Child support: improve collection system (see H.R. 5225) [6OC]
Children and youth: confer court jurisdiction for the enforcement
of child support payment (see H.R. 5001) [19AU]
Civil courts: attorneys' fees relative to tort actions (see H.R.
4472) [23MY]
Civil liberties: Federal recognition of certain State laws
relative to confidentiality privileges (see H.R. 3985) [9MR]
Claims: awards limitation on false claims actions (see H.R. 3849)
[10FE]
Crime: Federal penalties for child molestation (see H.R. 4450)
[18MY]
------incarceration of violent repeat offenders, prison
overcrowding remedies, and reduce rate of recidivism (see H.R.
3968) [8MR]
------mandatory life imprisonment for third conviction of
individuals for certain felonies (see H.R. 3752) [26JA]
------national policy to control crime and reform court procedures
(H.R. 3355), consideration of conference report (see H. Res.
517, 522, 526) [10AU] [16AU] [21AU]
------national policy to control crime and reform court procedures
(H.R. 4092), consideration (see H. Res. 401) [12AP]
[[Page 2724]]
------penalties for carrying a firearm during a crime of violence
(see H.R. 4110) [22MR]
------protections for individuals changing their name to avoid
domestic violence (see H. Con. Res. 280) [11AU]
------require that State laws relating to certain assaults be
enforced without regard to the age of the victim (see H.R.
4526) [26MY]
Dept. of State: passport denials to noncustodial parents subject
to State arrest warrants for nonpayment of child support (see
H.R. 5175) [4OC]
Dept. of the Treasury: burden of proof in tax cases (see H.R.
5286) [7OC]
Edward J. Schwartz Courthouse and Federal Building, San Diego, CA:
designate (see H.R. 3770) [2FE]
Federal civil actions: provide for the awarding of attorney's fee
for prevailing plaintiffs (see H.R. 5101) [26SE]
Firearms: close loopholes in laws which allow unregulated
manufacture or transport of firearms or firearms parts (see
H.R. 5285) [7OC]
------prohibit transfer or sale of assault weapons (H.R. 4296),
consideration (see H. Res. 416) [4MY]
------tort liability for dealers who transfer firearms in
violation of Federal law (see H.R. 4001) [10MR]
Government regulations: judicial review of Federal agency
compliance with regulatory flexibility analysis requirements
(H.R. 830), consideration (see H. Res. 415) [3MY]
Habeas corpus: require that applications be submitted with the
consent of the person for whom it is intended (see H.R. 4387)
[11MY]
Habeas corpus procedures: reform (see H.R. 4079) [17MR]
Health: Federal standards for malpractice claims (see H.R. 5253)
[7OC]
------liability claim restrictions (see H.R. 4659) [27JN]
Holder-Noland Federal Building and U.S. Courthouse, Indianapolis,
IN: designate (see H.R. 4501) [26MY]
Housing: establish sanctions for the filing of certain complaints
(see H.R. 4954) [12AU]
Judgments: provide notice of default judgments to affected parties
(see H.R. 3934) [1MR]
Judiciary: designate certain retired bankruptcy and magistrate
judges as senior judges (see H.R. 4154) [24MR]
LSC: authorizing appropriations (see H.R. 4508) [26MY]
Matthew J. Perry, Jr., U.S. Courthouse, Columbia, SC: designate
(see H.R. 4543) [8JN]
Ohio: additional district court judge for northern district (see
H.R. 4811) [21JY]
Patents: establish 20-year term and a domestic priority system
(see H.R. 4505) [26MY]
Postal Service: authority to issue civil investigative demands
relative to mail fraud investigations (see H.R. 4071) [17MR]
------forfeiture of property in mail or wire fraud investigations
and allocation of proceeds from forfeitures (see H.R. 4070)
[17MR]
Pratt, Elmer (Geronimo): reconsideration of California conviction
and investigation into relative FBI information (see H. Res.
392) [17MR]
Presidents of the U.S.: civil immunity from lawsuits (see H.R.
4958) [12AU]
Proceedings: photographing, recording and broadcasting (see H.R.
5307) [29NO]
Sam B. Hall, Jr., Federal Building and U.S. Courthouse, Marshall,
TX: designate (see H.R. 3840) [10FE]
States: require plaintiff in a diversity of citizenship case not
be a resident of the State in which case is brought (see H.R.
4446) [18MY]
Taxation: treatment of children's income attributable to personal
injury awards (see H.R. 4846) [28JY]
Theodore Levin Federal Building and U.S. Courthouse, Detroit, MI:
designate (see H.R. 4967) [16AU]
Thomas F. Eagleton U.S. Courthouse, St. Louis, MO: designate (see
H.R. 4790) [19JY]
William H. Natcher Federal Building and U.S. Courthouse, Bowling
Green, KY: designate (see H.R. 4577) [14JN]
Motions
Crime: national policy to control crime and reform court
procedures (H.R. 3355) [21AP]
------national policy to control crime and reform court procedures
(H.R. 3355), conference report [15JN] [16JN] [21JN] [22JN]
[23JN] [28JN] [29JN] [12JY] [19JY] [20JY] [21JY] [25JY] [26JY]
------national policy to control crime and reform court procedures
(H.R. 4092) [14AP] [19AP] [21AP]
Depts. of Commerce, Justice, and State, the Judiciary, and related
agencies: authorizing appropriations (H.R. 4603) [27JN] [10AU]
Reports by conference committees
Depts. of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations (H.R. 4603) [16AU]
Violent Crime Control and Law Enforcement Act (H.R. 3355) [10AU]
[21AU]
Reports filed
Antitrust Reform Act: Committee on Energy and Commerce (House)
(H.R. 3626) (H. Rept. 103-559) [24JN]
------Committee on the Judiciary (House) (H.R. 3626) (H. Rept.
103-559) [24JN]
Bruce R. Thompson U.S. Courthouse and Federal Building, Reno, NV:
Committee on Public Works and Transportation (House) (H.R.
3110) (H. Rept. 635) [1AU]
Byron White U.S. Courthouse, Denver, CO: Committee on Public Works
and Transportation (House) (H.R. 3693) (H. Rept. 103-456)
[24MR]
Consideration of Conference Report on H.R. 3355, Violent Crime
Control and Law Enforcement Act: Committee on Rules (House)
(H. Res. 517) (H. Rept. 103-697) [10AU]
------Committee on Rules (House) (H. Res. 522) (H. Rept. 103-707)
[16AU]
------Committee on Rules (House) (H. Res. 526) (H. Rept. 103-713)
[21AU]
Consideration of Conference Report on H.R. 4603, Depts. of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations: Committee on Rules (House) (H. Res.
523) (H. Rept. 103-709) [17AU]
Consideration of H.R. 4092, Control and Prevent Crime: Committee
on Rules (House) (H. Res. 395) (H. Rept. 103-449) [22MR]
Consideration of H.R. 4296, Prohibit Transfer or Sale of Assault
Weapons: Committee on Rules (House) (H. Res. 416) (H. Rept.
103-492) [4MY]
Consideration of H.R. 4603, Depts. of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations:
Committee on Rules (House) (H. Res. 461) (H. Rept. 103-556)
[22JN]
Constitutional Procedures for the Imposition of Capital
Punishment: Committee on the Judiciary (House) (H.R. 4035) (H.
Rept. 103-467) [12AP]
Coverage of Court Officials Under Federal Employees Group Life
Insurance Program: Committee on Post Office and Civil Service
(House) (H.R. 3297) (H. Rept. 103-855) [7OC]
Depts. of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations: Committee on Appropriations (House)
(H.R. 4603) (H. Rept. 103-552) [21JN]
------committee of conference (H.R. 4603) (H. Rept. 103-708)
[16AU]
Edward J. Schwartz Courthouse and Federal Building, San Diego, CA:
Committee on Public Works and Transportation (House) (H.R.
3770) (H. Rept. 103-457) [24MR]
Federal Penalties for Fraud Against Insurance Companies: Committee
on the Judiciary (House) (H.R. 665) (H. Rept. 103-468) [12AP]
Frederick S. Green U.S. Courthouse, Urbana, IL: Committee on
Public Works and Transportation (House) (H.R. 4939) (H. Rept.
103-764) [29SE]
General Aviation Revitalization Act: Committee on Public Works and
Transportation (House) (S. 1458) (H. Rept. 103-525) [24MY]
------Committee on the Judiciary (House) (S. 1458) (H. Rept. 103-
525) [24JN]
Imposition of Capital Punishment for Certain Crimes: Committee on
the Judiciary (House) (H.R. 4032) (H. Rept. 103-466) [12AP]
Incarceration of Violent Repeat Offenders, Prison Overcrowding
Remedies, and Reduction of Recidivism Rate: Committee on the
Judiciary (House) (H.R. 3968) (H. Rept. 103-462) [12AP]
Jurisdiction of U.S. Courts in Cases Involving Torture or
Extrajudicial Killings in Foreign Countries: Committee on the
Judiciary (House) (H.R. 934) (H. Rept. 103-702) [16AU]
Law Enforcement Wiretap Capability Relative to Digital
Transmissions and Other Emerging Telecommunication
Technologies: Committee on the Judiciary (House) (H.R. 4922)
(H. Rept. 103-827) [4OC]
Mandatory Life Imprisonment for Individuals Convicted of a Third
Violent Felony: Committee on the Judiciary (House) (H.R. 3981)
(H. Rept. 103-463) [12AP]
Mandatory Minimum Sentences for Certain Crimes: Committee on the
Judiciary (House) (H.R. 3979) (H. Rept. 103-460) [24MR]
Matthew J. Perry, Jr., U.S. Courthouse, Columbia, SC: Committee on
Public Works and Transportation (House) (H.R. 4543) (H. Rept.
103-636) [1AU]
Office of Special Counsel Reauthorization: Committee on Post
Office and Civil Service (House) (H.R. 2970) (H. Rept. 103-
769) [30SE]
Prohibit Transfer or Sale of Assault Weapons: Committee on the
Judiciary (House) (H.R. 4296) (H. Rept. 103-489) [2MY]
Prosecution of Juveniles as Adults for Certain Violent Offenses:
Committee on the Judiciary (House) (H.R. 4031) (H. Rept. 103-
465) [12AP]
Racially Discriminatory Capital Sentencing: Committee on the
Judiciary (House) (H.R. 4017) (H. Rept. 103-458) [24MR]
Revise Habeas Corpus Proceedings: Committee on the Judiciary
(House) (H.R. 4018) (H. Rept. 103-470) [12AP]
Sam B. Hall, Jr., Federal Building and U.S. Courthouse, Marshall,
TX: Committee on Public Works and Transportation (House) (H.R.
3840) (H. Rept. 103-514) [19MY]
Theodore Levin Federal Building and U.S. Courthouse, Detroit, MI:
Committee on Public Works and Transportation (House) (H.R.
4967) (H. Rept. 103-762) [29SE]
Thomas F. Eagleton U.S. Courthouse, St. Louis, MO: Committee on
Public Works and Transportation (House) (H.R. 4790) (H. Rept.
103-637) [1AU]
Thurgood Marshall U.S. Courthouse, White Plains, NY: Committee on
Public Works and Transportation (House) (H.R. 4910) (H. Rept.
103-763) [29SE]
Violent Crime Control and Law Enforcement Act: committee of
conference (H.R. 3355) (H. Rept. 103-694) [10AU]
------committee of conference (H.R. 3355) (H. Rept. 103-711)
[21AU]
Walter B. Jones Federal Building and U.S. Courthouse, Greenville,
NC: Committee on Public Works and Transportation (House) (H.R.
4772) (H. Rept. 103-639) [1AU]
COX, CHRISTOPHER (a Representative from California)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Bills and resolutions introduced by
Cleveland National Forest: land exchange and boundary adjustment
(see H.R. 4966) [16AU]
Dept. of the Interior: sale of certain real and personal property
(see H.R. 4919) [8AU]
Economy: impact of Federal legislation and regulations on business
and local government (see H.R. 4006) [10MR]
FBI: allow certain former agents to carry concealed firearms (see
H.R. 3971) [8MR]
Iraq: condemn governmental campaign against Marsh Arabs of
southern Iraq (see H. Res. 583) [7OC]
Postal Service: repeal prohibition on private-industry competition
for the delivery of first-class mail (see H.R. 5080) [22SE]
Taxation: deduction for earthquake insurance premiums (see H.R.
3756) [1FE]
Try American Day: designate (see H.J. Res. 392) [22JY]
[[Page 2725]]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
COYNE, WILLIAM J. (a Representative from Pennsylvania)
Bills and resolutions introduced by
Gold Star Mothers Day: designate (see H.J. Res. 346) [24MR]
Health: research funding (see H.R. 4260) [20AP]
Medicare: limitation on payment for outpatient hospital service
(see H.R. 4216) [14AP]
U.N. Day: designate (see H.J. Res. 426) [7OC]
CRAMER, ROBERT E. (BUD), JR. (a Representative from Alabama)
Appointments
Conferee: H.R. 4299, intelligence services appropriations [13SE]
Bills and resolutions introduced by
Health: encourage community establishment of multidisciplinary
team approaches to treat children who suffer from sickle cell
disease (see H. Res. 538) [21SE]
National Weather Service: independent review of modernization
activities at certain sites (see H.R. 4998) [19AU]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
CRANE, PHILIP M. (a Representative from Illinois)
Appointments
Conferee: H.R. 2739, Airport and Airway Improvement Act
appropriations [26JY]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
Bills and resolutions introduced by
Courts: Federal recognition of certain State laws relative to
confidentiality privileges (see H.R. 3985) [9MR]
Elders, Joycelyn: call for resignation as Surgeon General (see H.
Res. 545) [23SE]
Foreign trade: restrictions on trade agreements reducing tariffs
(see H.R. 4509) [26MY]
Tariff: frozen onions (see H.R. 3996) [10MR]
------octadecyl isocyanate (see H.R. 4016) [11MR]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
House of Representatives: adjournment [4OC]
CRAPO, MICHAEL D. (a Representative from Idaho)
Appointments
Conferee: H.R. 322, Mineral Exploration and Development Act [20MY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
CREDIT
related term(s) Consumers
Bills and resolutions
Consumers: civil penalties for unlawful billing under a consumer
credit plan (see H.R. 4629) [22JN]
Credit cards: limit unauthorized use by discouraging theft of
cards that are mailed (see H.R. 4039) [16MR]
Dept. of HUD: reform the single family mortgage insurance program
(see H.R. 4484) [24MY]
Housing: enhance availability of investment capital in low- to
moderate-income housing (see H.R. 5149) [30SE]
Law enforcement: require disclosures by credit reporting agencies
to the FBI for counterintelligence purposes (see H.R. 5143)
[30SE]
Power resources: provide a loan for the Madera-Chowchilla Power
Authority (see H.R. 5099) [26SE]
Redwood Valley Water District: loan authority (see H.R. 4925)
[9AU]
SBA: establish accredited lenders program for qualified State and
local development companies (see H.R. 4723) [12JY]
Taxation: deny earned income credit to undocumented aliens and
prevent fraudulent claims for earned income credit (see H.R.
5301) [29NO]
Messages
CCC Report: President Clinton [8JN]
Reports filed
Fair Credit Reporting Act (H.R. 1015) (H. Rept. 103-486) [28AP]
Redwood Valley Water District Loan Authority: Committee on Natural
Resources (House) (H.R. 4925) (H. Rept. 103-795) [3OC]
CREDIT CARDS
see Credit
CREDIT UNIONS
see Financial Institutions
CRIME
related term(s) Terrorism
Appointments
Conferees: H.R. 3355, Violent Crime Control and Law Enforcement
Act [17MY] [23MY] [22JN] [19AU]
------H.R. 4278, Social Security Domestic Employment Reform Act
[21JN]
Bills and resolutions
Aliens: negotiation of prisoner transfer treaties (see H.R. 4627)
[22JN]
Capital punishment: use of racially based quotas to determine
sentencing (see H. Con. Res. 316) [7OC]
Children and youth: Federal penalties for child molestation (see
H.R. 4450) [18MY]
Committee on Standards of Official Conduct (House): investigation
of House Post Office activity relative to violations of House
Rules or embezzlement of public funds by Members of Congress
(see H. Res. 375) [2MR]
Community justice program: initiation to assist in the prevention
of crime (see H.R. 4033) [15MR]
Correctional institutions: require Federal prisoners to obtain a
general equivalency degree to receive credit toward service of
sentence (see H.R. 4199) [13AP]
Courts: Federal grants for the employment of additional State
prosecutors (see H.R. 3816) [8FE]
------incarceration of violent repeat offenders, prison
overcrowding remedies, and reduce rate of recidivism (see H.R.
3968) [8MR]
------prevent racially discriminatory capital sentencing (see H.R.
4017) [11MR]
------protections for individuals changing their name to avoid
domestic violence (see H. Con. Res. 280) [11AU]
------provide support and assistance to drug courts (see H.R.
3980) [8MR]
------reform habeas corpus procedures (see H.R. 4079) [17MR]
------require that habeas corpus applications be submitted with
the consent of the person for whom it is intended (see H.R.
4387) [11MY]
Credit: civil penalties for unlawful billing under a consumer
credit plan (see H.R. 4629) [22JN]
Credit cards: limit unauthorized use by discouraging theft of
cards that are mailed (see H.R. 4039) [16MR]
Dept. of Justice: appointment of independent counsel to
investigate certain internal criminal allegations (see H.R.
3834) [9FE]
------authority to parole aliens into the U.S. (see H.R. 5157)
[3OC]
------establish rapid deployment force (see H.R. 4075) [17MR]
District of Columbia: prohibit certain government service by
individuals convicted of a crime subject to a term of
imprisonment of 6 months or longer (see H.R. 5263) [7OC]
Drugs: prohibit research relative to legalization (see H.R. 3991)
[9MR]
Federal aid programs: assistance to local educational agencies and
community-based organizations relative to hate crimes (see
H.R. 4234) [14AP]
Fire prevention: grants for arson research, prevention, and
control (H.R. 1727), Senate amendments (see H. Res. 413)
[26AP]
Firearms: assistance for State and local programs exchanging
merchandise vouchers for firearms (see H.R. 3771) [2FE]
------close loopholes in laws which allow unregulated manufacture
or transport of firearms or firearms parts (see H.R. 5285)
[7OC]
------compensation for crime victims from persons who provide
firearms to disqualified individuals (see H.R. 5284) [7OC]
------establish system to ensure that only legally eligible
individuals may purchase firearms including modifying driver's
license identification and format (see H.R. 5232) [6OC]
------license application fees and suspension of license upon
violations (see H.R. 4763) [14JY]
------possession of stolen firearms or ammunition (see H.R. 4973)
[17AU]
------prohibit possession or discharge in public housing areas
(see H.R. 4237) [18AP]
------prohibit the sale of firearms or ammunition to an
intoxicated person (see H.R. 3852) [10FE]
------prohibit transfer or sale of assault weapons (H.R. 4296),
consideration (see H. Res. 416) [4MY]
------promote safety and reduce handgun violence (see H.R. 3932)
[1MR]
------tort liability for dealers who transfer firearms in
violation of Federal law (see H.R. 4001) [10MR]
Flag--U.S.: constitutional amendment to prohibit desecration (see
H.J. Res. 428) [7OC]
Fraud: deny Federal benefits to persons convicted of fraudulent
representation of residency in more than one State (see H.R.
4883) [1AU]
Government: constitutional amendment to prohibit certain
government service by individuals convicted of a crime subject
to a term of imprisonment of 6 months or longer (see H.J. Res.
427) [7OC]
Housing: establish sanctions for the filing of certain complaints
(see H.R. 4954) [12AU]
------termination of tenancy in public housing of individuals
involved in firearm-related criminal activity (see H.R. 4254)
[19AP]
Immigration: strengthen border security and stabilize immigration
(see H.R. 4885) [2AU]
Law enforcement officers: standards and protections for the
conduct of internal investigations (see H.R. 4179) [12AP]
Lobbyists: prohibit former Members of Congress convicted of a
felony from lobbying in the legislative or executive branch of
Government (see H.R. 5174) [4OC]
Mental health: prohibit the use of bounty hunters by mental health
care providers to attract patients for treatment (see H.R.
4113) [23MR]
National Gang Violence Prevention Week: designate (see H.J. Res.
391) [20JY]
National Neighborhood Crime Watch Day: designate (see H.J. Res.
374) [9JN]
National objectives: policy to control crime and reform court
procedures (H.R. 3355), consideration of conference report
(see H. Res. 517, 522, 526) [10AU] [16AU] [21AU]
------policy to control crime and reform court procedures (H.R.
4092), consideration (see H. Res. 401) [12AP]
National Red Ribbon Week for a Drug-Free America: designate (see
H.J. Res. 409) [13SE]
New York, NY: condemn attack on Hasidic students (see H. Con. Res.
244) [4MY]
Office of National Drug Control Policy: maintain staffing and
funding levels (see H.R. 5087) [23SE]
Postal Service: authority to issue civil investigative demands
relative to mail fraud investigations (see H.R. 4071) [17MR]
------forfeiture of property in mail or wire fraud investigations
and allocation of proceeds from forfeitures (see H.R. 4070)
[17MR]
Pratt, Elmer (Geronimo): reconsideration of California conviction
and investigation into relative FBI information (see H. Res.
392) [17MR]
Shipping industry: extend mail fraud prohibitions to include
private and commercial interstate carriers (see H.R. 4069)
[17MR]
Social Security: determination of disability benefits relative to
drug trafficking enterprises and ability to engage in gainful
activities (see H.R. 3929) [1MR]
SSI: eliminate fraud in disability benefits to children (see H.R.
4281) [21AP]
States: require reporting of certain crime information to the FBI
(see H.R. 5152) [30SE]
------require that laws relating to certain assaults be enforced
without regard to the age of the victim (see H.R. 4526) [26MY]
[[Page 2726]]
Taxation: appropriate part of income tax revenues toward crime
control (see H.R. 4592) [16JN]
Telecommunications: prevent harassment through computers or other
two-way telecommunication devices (see H.R. 5015) [21AU]
Trucking industry: violence against truckers (see H. Con. Res.
228) [21MR]
Messages
National Emergency With Respect to Libya: President Clinton [19JY]
Motions
Committee on Standards of Official Conduct (House): investigation
of House Post Office activity relative to violations of House
Rules or embezzlement of public funds by Members of Congress
(H. Res. 238) [2MR]
Housing: reform Dept. of HUD multifamily property requirements,
enhance programs, and authorize program to combat crime (S.
1299) [22MR]
National objectives: policy to control crime and reform court
procedures (H.R. 3355) [21AP]
------policy to control crime and reform court procedures (H.R.
3355), conference report [15JN] [16JN] [21JN] [22JN] [23JN]
[28JN] [29JN] [12JY] [19JY] [20JY] [21JY] [25JY] [26JY]
------policy to control crime and reform court procedures (H.R.
4092) [14AP] [19AP] [21AP]
Reports by conference committees
Social Security Domestic Employment Reform Act (H.R. 4278) [6OC]
Violent Crime Control and Law Enforcement Act (H.R. 3355) [10AU]
[21AU]
Reports filed
Consideration of Conference Report on H.R. 3355, Violent Crime
Control and Law Enforcement Act: Committee on Rules (House)
(H. Res. 517) (H. Rept. 103-697) [10AU]
------Committee on Rules (House) (H. Res. 522) (H. Rept. 103-707)
[16AU]
------Committee on Rules (House) (H. Res. 526) (H. Rept. 103-713)
[21AU]
Consideration of H.R. 4092, National Policy To Control Crime and
Reform Court Procedures: Committee on Rules (House) (H. Res.
395) (H. Rept. 103-449) [22MR]
------Committee on Rules (House) (H. Res. 401) (H. Rept. 103-474)
[12AP]
Consideration of H.R. 4296, Prohibit Transfer or Sale of Assault
Weapons: Committee on Rules (House) (H. Res. 416) (H. Rept.
103-492) [4MY]
Constitutional Procedures for the Imposition of Capital
Punishment: Committee on the Judiciary (House) (H.R. 4035) (H.
Rept. 103-467) [12AP]
Criminal Aliens--Federal Responsibility and State and Local
Burden: Committee on Government Operations (House) (H. Rept.
103-645) [1AU]
Federal Penalties for Fraud Against Insurance Companies: Committee
on the Judiciary (House) (H.R. 665) (H. Rept. 103-468) [12AP]
Garnishment of Federal Retirement Annuities Relative to a Judgment
Against an Annuitant for Child Abuse: Committee on Post Office
and Civil Service (House) (H.R. 3694) (H. Rept. 103-721)
[19SE]
Imposition of Capital Punishment for Certain Crimes: Committee on
the Judiciary (House) (H.R. 4032) (H. Rept. 103-466) [12AP]
Incarceration of Violent Repeat Offenders, Prison Overcrowding
Remedies, and Reduction of Recidivism Rate: Committee on the
Judiciary (House) (H.R. 3968) (H. Rept. 103-462) [12AP]
Initiating a Community Justice Program To Assist in the Prevention
of Crime: Committee on the Judiciary (House) (H.R. 4033) (H.
Rept. 103-459) [24MR]
International Narcotics Control Corrections Act: Committee on
Foreign Affairs (House) (H.R. 5030) (H. Rept. 103-724) [19SE]
Jurisdiction of U.S. Courts in Cases Involving Torture or
Extrajudicial Killings in Foreign Countries: Committee on the
Judiciary (House) (H.R. 934) (H. Rept. 103-702) [16AU]
Mandatory Life Imprisonment for Individuals Convicted of a Third
Violent Felony: Committee on the Judiciary (House) (H.R. 3981)
(H. Rept. 103-463) [12AP]
Mandatory Minimum Sentences for Certain Crimes: Committee on the
Judiciary (House) (H.R. 3979) (H. Rept. 103-460) [24MR]
Money Laundering Suppression Act: Committee on Banking, Finance
and Urban Affairs (House) (H.R. 3235) (H. Rept. 103-438)
[21MR]
Penalties for the Illegal Sale of Medals of Honor: Committee on
the Judiciary (House) (H.R. 5102) (H. Rept. 103-786) [3OC]
Postal Inspection Service and Inspector General Act: Committee on
Post Office and Civil Service (House) (H.R. 4400) (H. Rept.
103-561) [27JN]
Prohibit Transfer or Sale of Assault Weapons: Committee on the
Judiciary (House) (H.R. 4296) (H. Rept. 103-489) [2MY]
Prosecution of Juveniles as Adults for Certain Violent Offenses:
Committee on the Judiciary (House) (H.R. 4031) (H. Rept. 103-
465) [12AP]
Racially Discriminatory Capital Sentencing: Committee on the
Judiciary (House) (H.R. 4017) (H. Rept. 103-458) [24MR]
Sexual Exploitation of Children: Committee on the Judiciary
(House) (H.R. 3993) (H. Rept. 103-469) [12AP]
Social Security Domestic Employment Reform Act: committee of
conference (H.R. 4278) (H. Rept. 103-842) [6OC]
------Committee on Ways and Means (House) (H.R. 4278) (H. Rept.
103-491) [4MY]
Strengthen Federal Prohibitions Against Assaulting Children:
Committee on the Judiciary (House) (H.R. 1120) (H. Rept. 103-
461) [12AP]
Urban Recreation and At-Risk Youth Act: Committee on Natural
Resources (House) (H.R. 4034) (H. Rept. 103-444) [21MR]
Victim Assistance Programs: Committee on the Judiciary (House)
(H.R. 4030) (H. Rept. 103-464) [12AP]
Violent Crime Control and Law Enforcement Act: committee of
conference (H.R. 3355) (H. Rept. 103-694) [10AU]
------committee of conference (H.R. 3355) (H. Rept. 103-711)
[21AU]
CROATIA
Messages
Continuation of Emergency With Respect to Yugoslavia: President
Clinton [25MY]
CUBA, REPUBLIC OF
Bills and resolutions
Agriculture: prohibit importation of sugar from countries that
import sugar from Cuba (see H.R. 5298) [29NO]
Cuban Democracy Act: repeal (see H.R. 4941) [11AU]
Immigration: eliminate the accelerated permanent-residency status
process for Cuban nationals (see H.R. 3854) [10FE]
CUBAN ADJUSTMENT ACT
Bills and resolutions
Immigration: eliminate the accelerated permanent-residency status
process for Cuban nationals (see H.R. 3854) [10FE]
CUBAN DEMOCRACY ACT
Bills and resolutions
Repeal (see H.R. 4941) [11AU]
CUNNINGHAM, RANDY ``DUKE'' (a Representative from California)
Appointments
Conferee: H.R. 6, education programs appropriations [20SE]
------H.R. 1804, Goals 2000--Educate America Act [23FE] [11MR]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
California: designate certain desert lands as wilderness (S. 21)
[4OC]
------establish Death Valley and Joshua Tree National Parks and
Mojave National Monument (S. 21) [4OC]
CURRENCY OF THE UNITED STATES
see Money
CUSTOMS SERVICE
Bills and resolutions
Aircraft: exemption from customs fees for certain small aircraft
traveling short distances (see H.R. 4117) [23MR]
Immigration: extend the land border inspection fee program for
California (see H.R. 4256) [19AP]
Reports filed
Financial Management in the Customs Service: Committee on
Government Operations (House) (H. Rept. 103-868) [29NO]
CYGNE SAUVAGE (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 4601) [17JN]
CZECH REPUBLIC
Bills and resolutions
NATO: assist transition of certain countries to NATO membership
(see H.R. 4210) [14AP]
DALLAS, TX
Bills and resolutions
Dallas/Fort Worth Airport, TX: adjust designation of controlled
airspace (see H.R. 5182) [5OC]
DAMS
Bills and resolutions
Dept. of Defense: amend appropriations legislation relative to the
Bonneville Lock and Dam (see H.R. 5241) [7OC]
Milt Brandt Visitors Center, Warm Springs Dam, CA: designate (see
H.R. 3972) [8MR]
Oregon: emergency repair work on Crooked River Project, Ochoco Dam
(see H.R. 3833) [9FE]
Reports filed
Hydropower Production Settlements with the Confederated Tribes of
the Colville Reservation: Committee on Natural Resources
(House) (H.R. 4757) (H. Rept. 103-685) [8AU]
Maintenance of Dams on Indian Lands: Committee on Natural
Resources (House) (H.R. 1426) (H. Rept. 103-600) [14JY]
DANCE
see Arts and Humanities
DANNER, PAT (a Representative from Missouri)
Bills and resolutions introduced by
Middle East: negotiations between Israel and PLO on holding free
and democratic elections in Gaza and the West Bank (see H.
Res. 566) [4OC]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
DARDEN, GEORGE (BUDDY) (a Representative from Georgia)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Conferee: H.R. 4539, Dept. of the Treasury, Postal Service,
Executive Office of the President, and independent agencies
appropriations [16AU]
------H.R. 4650, Dept. of Defense appropriations [13SE]
Bills and resolutions introduced by
Education: ensure awarding of Pell grants to U.S. citizens or
nationals (see H.R. 4262) [20AP]
Government: payment of recurring Federal payments by electronic
funds transfer (see H.R. 4130) [24MR]
Taxation: income tax equity for families (see H.R. 4131) [24MR]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
DAVEY ALLISON REMEMBRANCE DAY
Bills and resolutions
Designate (see H.J. Res. 309) [26JA]
DAVIS, SAMMY L.
Bills and resolutions
Sammy L. Davis Federal Building, Overland, MO: designate (see H.R.
3914) [24FE]
DAY CARE
see Children and Youth
DAYTON, OH
Reports filed
Dayton Aviation Heritage Preservation Act Amendments: Committee on
Natural Resources (House) (H.R. 3559) (H. Rept. 103-808) [3OC]
DAYTON AVIATION HERITAGE PRESERVATION ACT
Reports filed
Amendments: Committee on Natural Resources (House) (H.R. 3559) (H.
Rept. 103-808) [3OC]
D-DAY WIDOWS AND ORPHANS NATIONAL RECOGNITION DAY
Bills and resolutions
Designate (see H.J. Res. 408) [12SE]
[[Page 2727]]
DEAF
see Disabled
DEAL, NATHAN (a Representative from Georgia)
Bills and resolutions introduced by
Budget: discretionary spending limits (H.R. 3266), consideration
(see H. Res. 445) [26MY]
House of Representatives: discretionary spending limits (see H.R.
4918) [8AU]
Social Security: State recovery of medical payments from an
individual's estate (see H.R. 4646) [24JN]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
DEATH PENALTY
see Courts
DEBT OF THE UNITED STATES
see Public Debt
DEEP SEABED HARD MINERAL RESOURCES ACT
Bills and resolutions
Appropriations: authorizing (see H.R. 4722) [12JY]
DeFAZIO, PETER A. (a Representative from Oregon)
Appointments
Conferee: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
Bills and resolutions introduced by
Airlines: discourage the practice in foreign countries of
disinsection of aircraft while passengers are aboard (see H.
Con. Res. 307) [5OC]
Bonneville Power Administration: debt refinancing agreement at
prevailing interest rates and payment of refinancing fee to
U.S. Treasury (see H.R. 4847) [28JY]
Health: choice of medical treatment methods (see H.R. 4696) [30JN]
------national policy to provide health care and reform insurance
procedures (see H.R. 5119) [28SE]
Lumber industry: export controls (see H.R. 4402) [12MY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
DEFENSE BASE CLOSURE AND REALIGNMENT COMMISSION
Bills and resolutions
Dept. of Defense: extend deadline for the submission of
nominations (see H.R. 5292) [29NO]
DEFENSE ENVIRONMENTAL RESPONSE TASK FORCE
Appointments
Members [8FE]
de la GARZA, E (a Representative from Texas)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Conferee: H.R. 6, education programs appropriations [20SE]
------H.R. 322, Mineral Exploration and Development Act [20MY]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------H.R. 3841, Interstate Banking Efficiency Act [12MY]
Mexico-U.S. Interparliamentary Group [17MR]
Bills and resolutions introduced by
Agriculture: ability of banks for cooperatives to finance exports
(see H.R. 4379) [10MY]
------enable producers, feeders, and importers of sheep to develop
a nationally coordinated sheep information, research, and
promotion (see H.R. 5183) [5OC]
------reform crop insurance program (see H.R. 4217) [14AP]
------reform crop insurance program (H.R. 4217), concur in Senate
amendment with an amendment (see H. Res. 559) [3OC]
------tribute to U.S. rice industry (see H.J. Res. 405) [20AU]
CFTC: authorizing appropriations (see H.R. 4492) [25MY]
Committee on Agriculture (House): expenses for investigations and
studies (see H. Res. 340) [3FE]
Food stamps: modify and revise programs (see H.R. 5156) [3OC]
Immigration: strengthen border security and stabilize immigration
(see H.R. 4885) [2AU]
National Agriculture Day: designate (see H.J. Res. 317) [3FE]
Perishable Agriculture Commodities Act: imposition of fees for
violations (see H.R. 4581) [15JN]
Pesticides: regulatory standards and food safety protections (see
H.R. 4329) [3MY]
Smokey Bear's 50th Anniversary: designate (see H.J. Res. 395)
[29JY]
Water: U.S.-Mexico wastewater treatment works funding (see H.R.
4401) [12MY]
Motions offered by
Agriculture: protection of new varieties of plants (S. 1406)
[12AU]
Dept. of Agriculture: reorganization (S. 1970) [28SE]
Reports filed
Dept. of Agriculture Reorganization: Committee on Agriculture
(House) (H.R. 3171) (H. Rept. 103-714) [23AU] [21SE]
Designate Certain National Forest Lands in Montana as Wilderness:
Committee on Agriculture (House) (H.R. 2473) (H. Rept. 103-
487) [10MY]
Establish the Opal Creek Forest Preserve: Committee on Agriculture
(House) (H.R. 3905) (H. Rept. 103-683) [8AU]
Extension of Certain Nutrition and School Lunch Programs:
Committee on Agriculture (House) (H.R. 8) (H. Rept. 103-535)
[24JN]
Federal Crop Insurance Reform Act: Committee on Agriculture
(House) (H.R. 4217) (H. Rept. 103-649) [1AU]
Minor Crop Protection Act: Committee on Agriculture (House) (H.R.
967) (H. Rept. 103-784) [3OC]
Mount Pleasant National Scenic Area Designation: Committee on
Agriculture (House) (H.R. 2942) (H. Rept. 103-686) [8AU]
Northern Great Plains Rural Development Commission: Committee on
Agriculture (House) (S. 2099) (H. Rept. 103-700) [12AU]
Plant Variety Protection Act Amendments Relative to the
International Convention for the Protection of New Varieties
of Plants: Committee on Agriculture (House) (H.R. 2927) (H.
Rept. 103-699) [12AU]
DeLAURO, ROSA L. (a Representative from Connecticut)
Appointments
Conferee: H.R. 4554, agriculture, rural development, FDA, and
related agencies programs appropriations [13SE]
------H.R. 4606, Depts. of Labor, HHS, Education, and related
agencies appropriations [13SE]
Bills and resolutions introduced by
Public works: devote public funds and encourage private investment
in the development of infrastructure (see H.R. 5120) [28SE]
Special Olympics World Games: mint commemorative coins (see H.R.
3879) [23FE]
DeLAY, TOM (a Representative from Texas)
Appointments
Committee for the Funeral of Dean A. Gallo [15SE]
Conferee: H.R. 4556, Dept. of Transportation and related agencies
appropriations [20SE]
------H.R. 4624, Depts. of Veterans Affairs, HUD, and sundry
independent agencies appropriations [17AU]
Mexico-U.S. Interparliamentary Group [17MR]
U.S. Military Academy Board of Visitors [21JN]
Bills and resolutions introduced by
Air pollution: repeal certain Clean Air Act stratospheric ozone
protection provisions (see H.R. 5216) [6OC]
------repeal certain Clean Air Act toxic air emission provisions
(see H.R. 5214) [6OC]
Clean Air Act: repeal amendments (see H.R. 5217) [6OC]
Cost of Government Day: designate (see H. Res. 480) [14JY]
Intergovernmental relations: prohibit Federal requirements for
State plans mandating trip reductions (see H.R. 5213) [6OC]
Motor vehicles: allow emission reductions caused by fleet turnover
to be credited under the Clean Air Act (see H.R. 5212) [6OC]
------repeal certain Clean Air Act emission standards (see H.R.
5211) [6OC]
Water pollution: repeal certain Clean Air Act acid rain provisions
(see H.R. 5215) [6OC]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
Agriculture, rural development, FDA, and related agencies
programs: making appropriations (H.R. 4554) [17JN]
DELLUMS, RONALD V. (a Representative from California)
Appointments
Conferee: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 4299, intelligence services appropriations [13SE]
------S. 21, California Desert Protection Act [4OC]
------S. 1587, Federal Acquisition Streamlining Act [4AU]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Armed Forces: administrative safeguards for members making
allegations of sexual harassment or discrimination (see H.R.
4112) [23MR]
Committee on Armed Services (House): expenses for investigations
and studies (see H. Res. 347) [7FE]
Defense Base Closure and Realignment Commission: extend deadline
for the submission of nominations (see H.R. 5292) [29NO]
Dept. of Defense: authorizing appropriations (see H.R. 4301)
[26AP]
Economy: protect economic rights of citizens (see H.R. 5218) [6OC]
Haiti: impose sanctions and halt the interdiction and return of
refugees (see H.R. 4114) [23MR]
National defense: authorizing appropriations for Dept. of Defense
and Dept. of Energy defense activities (S. 2182), technical
corrections in enrollment (see H. Con. Res. 285) [17AU]
Pratt, Elmer (Geronimo): reconsideration of California conviction
and investigation into relative FBI information (see H. Res.
392) [17MR]
Motions offered by
Dept. of Defense: authorizing appropriations (H.R. 4301) [24MY]
National defense: authorizing appropriations for Dept. of Defense
and Dept. of Energy defense activities (S. 2182) [25JY]
Reports by conference committees
Dept. of Defense and Dept. of Energy Defense Activities
Appropriations (S. 2182) [12AU]
Reports filed
Dept. of Defense and Dept. of Energy Defense Activities
Appropriations: committee of conference (S. 2182) [12AU]
Dept. of Defense Appropriations: Committee on Armed Services
(House) (H.R. 4301) (H. Rept. 103-499) [10MY]
Evaluation of Dept. of Energy Research and Development
Laboratories and Consolidation of Technology Transfer
Activities: Committee on Armed Services (House) (H.R. 1432)
(H. Rept. 103-484) [26AP]
Export Administration Act: Committee on Armed Services (House)
(H.R. 3937) (H. Rept. 103-531) [17JN]
Health Security Act: Committee on Armed Services (House) (H.R.
3600) (H. Rept. 103-601) [28JY]
Improve Government Procurement Process: Committee on Armed
Services (House) (H.R. 2238) (H. Rept. 103-545) [17JN]
de LUGO, RON (a Delegate from the Virgin Islands)
Bills and resolutions introduced by
Alvaro de Lugo U.S. Post Office, Saint Thomas, VI: designate (see
H.R. 4190) [13AP]
Arturo R. Watlington, Sr., U.S. Post Office, Saint Thomas, VI:
designate (see H.R. 4192) [13AP]
Aubrey C. Ottley U.S. Post Office, Saint Thomas, VI: designate
(see H.R. 4191) [13AP]
Earle B. Ottley U.S. Post Office, Saint Thomas, VI: designate (see
H.R. 4194) [13AP]
Northern Mariana Islands: authorizing appropriations for
construction projects (see H.R. 4544) [8JN]
Peter G. Thurland, Sr., Bandstand, St. Croix, VI: designate (see
H.R. 4338) [4MY]
[[Page 2728]]
Territories: application of tariff provisions to the Virgin
Islands, Guam, and American Samoa (see H.R. 4380, 4628) [10MY]
[22JN]
Ubaldina Simmons U.S. Post Office, Saint John, VI: designate (see
H.R. 4193) [13AP]
Virgin Islands: appointment of a U.S. marshal (see H.R. 4869)
[1AU]
------authorize legislature to create municipal governments (see
H.R. 3825) [9FE]
Wilbert Armstrong U.S. Post Office, Saint Croix, VI: designate
(see H.R. 4571) [13JN]
DEMOCRACY
Bills and resolutions
China, People's Republic of: most-favored-nation status (see H.J.
Res. 373) [8JN]
------most-favored-nation status (H.J. Res. 373), consideration
(see H. Res. 509) [5AU]
------most-favored-nation status (H.R. 4590), consideration (see
H. Res. 509) [5AU]
Cuban Democracy Act: repeal (see H.R. 4941) [11AU]
Elections: eliminate prohibition on certain State and local
government employees from seeking elective office (see H.R.
3889) [23FE]
Haiti: support democracy restoration, grant temporary protected
status to alien Haitians in U.S., and terminate migrant
interdiction agreement (see H.R. 4264) [20AP]
------U.S. proposal of international conservatorship (see H. Con.
Res. 260) [24JN]
Rwanda: U.S. policy on humanitarian and political plight (see H.
Res. 453) [13JN]
Tajikistan: promote resolution of conflict and respect for human
rights (see H. Con. Res. 214) [3MR]
Ukrainian Independence Day: designate (see H. Con. Res. 283)
[16AU]
Messages
Blocking of Property in the U.S. of Certain Haitian Nationals:
President Clinton [22JN]
National Endowment for Democracy: President Clinton [5MY]
South African Interim Government: President Clinton [8JN]
Reports filed
Consideration of H.J. Res. 373, Most-Favored-Nation Status for the
People's Republic of China: Committee on Rules (House) (H.
Res. 509) (H. Rept. 103-673) [5AU]
Consideration of H.R. 4590, Most-Favored-Nation Status for the
People's Republic of China: Committee on Rules (House) (H.
Res. 509) (H. Rept. 103-673) [5AU]
Most-Favored-Nation Status for the People's Republic of China:
Committee on Ways and Means (House) (H.J. Res. 373) (H. Rept.
103-575) [30JN]
------Committee on Ways and Means (House) (H.R. 4590) (H. Rept.
103-640) [1AU]
DENTISTS
see Health Care Professionals
DENVER, CO
Reports filed
Byron White U.S. Courthouse: Committee on Public Works and
Transportation (House) (H.R. 3693) (H. Rept. 103-456) [24MR]
DEPARTMENT OF AGRICULTURE
related term(s) Agriculture; Forest Service
Appointments
Conferees: H.R. 4554, agriculture, rural development, FDA, and
related agencies programs appropriations [13SE]
Bills and resolutions
Agriculture: development of programs to encourage source-separated
composting at homes, schools, and businesses (see H.R. 5267)
[7OC]
------milk content and prices (see H.R. 4923) [9AU]
Agriculture, rural development, FDA, and related agencies
programs: making appropriations (H.R. 4554), return amendment
to Senate (see H. Res. 518) [12AU]
Chelan County, WA: exchange lands with the Wenatachee National
Forest (see H.R. 4993) [18AU]
Food industry: coordinate recommendations for improvements of meat
and poultry inspection programs (see H.R. 4562) [9JN]
Forests: forest health improvement programs on Federal lands
through the use of land stewardship contracts (see H.R. 5007)
[20AU]
Market Promotion Program: repeal (see H.R. 3772) [2FE]
Public lands: promote certain activities to address the adverse
impact of wildfires (see H.R. 5097) [23SE]
Rural areas: repayment of loans made by private lenders for
development of multifamily rental housing for low- and
moderate income families (see H.R. 4445) [18MY]
Messages
Rescissions and Deferrals of Budget Authority: President Clinton
[8JN]
Motions
Agriculture, rural development, FDA, and related agencies
programs: making appropriations (H.R. 4554) [17JN] [13SE]
------making appropriations (H.R. 4554), conference report [23SE]
Reorganization (S. 1970) [28SE]
Reports by conference committees
Agriculture, Rural Development, FDA, and Related Agencies
Appropriations (H.R. 4554) [20SE]
Reports filed
Agriculture, Rural Development, FDA, and Related Agencies
Appropriations: Committee on Appropriations (House) (H.R.
4554) (H. Rept. 103-542) [9JN]
------committee of conference (H. Rept. 103-734) [20SE]
Colorado Land Exchange Between the Forest Service and Eagle and
Pitkin Counties: Committee on Natural Resources (House) (S.
341) (H. Rept. 103-432) [10MR]
Consideration of H.R. 3171, Dept. of Agriculture Reorganization:
Committee on Rules (House) (H. Res. 544) (H. Rept. 103-744)
[23SE]
Consideration of H.R. 4554, Agriculture, Rural Development, FDA,
and Related Agencies Programs Appropriations: Committee on
Rules (House) (H. Res. 455) (H. Rept. 103-548) [15JN]
Dept. of Agriculture Reorganization: Committee on Agriculture
(House) (H.R. 3171) (H. Rept. 103-714) [23AU] [21SE]
Improving the Management of the FmHA Single-Family Housing
Portfolio Through Centralized Servicing and Mortgage
Escrowing: Committee on Government Operations (House) (H.
Rept. 103-609) [19JY]
Information Resources Management in a Reconfigured Dept. of
Agriculture: Committee on Government Operations (House) (H.
Rept. 103-610) [19JY]
DEPARTMENT OF COMMERCE
Appointments
Conferees: H.R. 820, National Competitiveness Act [19JY] [25JY]
Bills and resolutions
Dept. of the Interior: transfer certain administrative functions
relative to U.S. territories to the Dept. of Commerce (see
H.R. 3797) [3FE]
Fishing: negotiated rulemaking dispute resolution relative to
groundfish fishery management (see H.R. 4932) [10AU]
Public Works and Economic Development Act: reauthorizing
appropriations (H.R. 2442), consideration (see H. Res. 420)
[5MY]
Motions
Appropriations: authorizing for the Technology Administration and
the National Institute of Standards and Technology (H.R. 820)
[19JY] [27SE] [28SE]
Depts. of Commerce, Justice, and State, the Judiciary, and related
agencies: authorizing appropriations (H.R. 4603) [27JN] [10AU]
Reports by conference committees
Depts. of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations (H.R. 4603) [16AU]
Reports filed
Consideration of Conference Report on H.R. 4603, Depts. of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations: Committee on Rules (House) (H. Res.
523) (H. Rept. 103-709) [17AU]
Consideration of H.R. 2442, Public Works and Economic Development
Act Reauthorization: Committee on Rules (House) (H. Res. 420)
(H. Rept. 103-495) [5MY]
Consideration of H.R. 4603, Depts. of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations:
Committee on Rules (House) (H. Res. 461) (H. Rept. 103-556)
[22JN]
Dept. of Commerce Patent and Trademark Office Appropriations:
Committee on the Judiciary (House) (H.R. 4608) (H. Rept. 103-
777) [3OC]
Depts. of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations: Committee on Appropriations (House)
(H.R. 4603) (H. Rept. 103-552) [21JN]
------committee of conference (H.R. 4603) (H. Rept. 103-708)
[16AU]
Establish Toll Free Number To Assist Consumers in Determining if
Products Are Domestically Produced: Committee on Energy and
Commerce (House) (H.R. 3342) (H. Rept. 103-660) [3AU]
Financial Management Act Reforms in the Dept. of Commerce:
Committee on Government Operations (House) (H. Rept. 103-862)
[29NO]
Public Works and Economic Development Act Appropriations:
Committee on Public Works and Transportation (House) (H.R.
2442) (H. Rept. 103-423) [10FE]
Public Works and Economic Development Act Reauthorization:
Committee on Banking, Finance and Urban Affairs (House) (H.R.
2442) (H. Rept. 103-423) [26AP]
DEPARTMENT OF DEFENSE
related term(s) National Guard; National Security
Appointments
Conferees: H.R. 4453, military construction appropriations [26JY]
------H.R. 4650, Dept. of Defense appropriations [13SE]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
U.S. Air Force Academy Board of Visitors [21JN]
U.S. Military Academy Board of Visitors [21JN]
U.S. Naval Academy Board of Visitors [21JN]
Bills and resolutions
Air pollution: transfer of air emission credits from military
installation closures to redevelopment authority (see H.R.
4182) [13AP]
Appropriations: authorizing (H.R. 4301), consideration (see H.
Res. 431) [20MY]
------making (see H.R. 4650) [27JN]
------making (H.R. 4650), consideration (see H. Res. 469) [29JN]
Armed Forces: disability compensation rates relative to benefits
paid under the Special Separation Benefits Program (see H.R.
3731) [25JA]
Awards, medals, prizes: grant recognition for meritorious service
to aviators who meet the qualification standards of the Air
Forces Escape and Evasion Society (see H. Res. 548) [26SE]
Bonneville Lock and Dam: amend appropriations legislation (see
H.R. 5241) [7OC]
Budget: reduce Dept. of Defense appropriations by a certain
percentage for 1996 (see H. Con. Res. 305) [3OC]
C-17 aircraft: terminate program and use nondevelopmental
aircrafts to meet strategic airlift requirements (see H.R.
4331) [3MY]
California: management of the Presidio military facility (see H.R.
5231) [6OC]
------management of the Presidio military facility (H.R. 3433),
consideration (see H. Res. 516) [10AU]
------management of the Presidio military facility (H.R. 5231),
consideration (see H. Res. 576) [6OC]
Defense Base Closure and Realignment Commission: extend deadline
for the submission of nominations (see H.R. 5292) [29NO]
Defense industries: transition of industries, communities, and
workers affected by reduced defense spending (see H.R. 4240)
[18AP]
Ecology and environment: promote public participation in defense
environmental restoration (see H.R. 4334) [3MY]
Executive Office of the President: consolidate administration of
defense conversion activities (see H.R. 4638) [23JN]
Eximbank: export of nonlethal defense articles and services (see
H.R. 5165) [4OC]
[[Page 2729]]
------finance export of nonlethal defense articles and services
(see H.R. 4455) [19MY]
Federal employees: accumulation of annual leave relative to
closure and realignment of military installations (see H.R.
3723) [25JA]
Foreign trade: export control regime to stem proliferation of
military and strategic products and technology to countries
that may jeopardize international or U.S. national security
(see H. Res. 549) [27SE]
Fort Sam Houston, TX: convey certain excess real property (see
H.R. 5158) [3OC]
Government: standardize health benefits claim forms for Federal
employees and the Uniformed Services (see H.R. 4241) [18AP]
Health care professionals: enrollment of civilians in the
physicians assistant training program at the Academy of Health
Sciences at Fort Sam Houston, TX (see H.R. 3868) [11FE]
Key West, FL: convey land from Key West Naval Air Station (see
H.R. 4740) [13JY]
Milstar II Communications Satellite Program: terminate (see H.R.
4283) [21AP]
NASA: tribute to military branch astronauts who performed missions
to the Moon (see H. Con. Res. 312) [6OC]
National Guard: improve administration (see H.R. 4255) [19AP]
National Guard Bureau: grant charter (see H.R. 4149, 4255) [24MR]
[19AP]
NATO: allied burden sharing for maintenance and operation of
military personnel and installations (see H.R. 5129) [29SE]
------assist transition of certain countries to NATO membership
(see H.R. 4210) [14AP]
Pensions: provide for improved treatment of future actuarial gains
and losses to the Military Retirement Fund (see H.R. 5117)
[28SE]
Seawolf (submarine): limitations on development and costs (see
H.R. 4100) [21MR]
Small business: loans for businesses affected by defense
reductions (see H.R. 4174) [12AP]
Smithsonian Institution: context and portrayal of the Armed Forces
in the National Air and Space Museum Enola Gay exhibit (see H.
Res. 531) [19SE]
Sphinx (U.S.S.): convey to the Rio Grande Military Museum, Port
Isabel, TX (see H.R. 3887) [23FE]
States: transfer of nonlethal excess defense articles from Dept.
of Defense (see H.R. 4456) [19MY]
Taxation: incentives for employers to hire displaced workers
relative to closure, realignment, or downsizing of military
installations (see H.R. 4639) [23JN]
------penalty-free withdrawals from retirement plans by military
reservists equal to income lost due to active duty (see H.R.
3758) [1FE]
Veterans: permit disabled former POW to travel on military
aircraft (see H.R. 4513) [26MY]
Water: conservation and development of resources, and river and
harbor improvement projects (see H.R. 4886) [2AU]
Whittaker, Johnson C.: issuance of posthumous commission to second
lieutenant in the Army (see H.R. 3921) [28FE]
Messages
Cooperation on the Uses of Atomic Energy for Mutual Defense
Purposes Between the U.S. and the United Kingdom: President
Clinton [23MY]
Nuclear Non-Proliferation Act: President Clinton [17MY]
Motions
Appropriations: making (H.R. 4650) [13SE]
Military construction: making appropriations (H.R. 4453) [24MY]
------making appropriations (H.R. 4453), conference report [1AU]
National defense: authorizing appropriations for Dept. of Defense
and Dept. of Energy defense activities (S. 2182) [25JY]
Reports by conference committees
Dept. of Defense and Dept. of Energy Defense Activities
Appropriations (S. 2182) [12AU]
Dept. of Defense Appropriations (H.R. 4650) [26SE]
Military Construction Appropriations (H.R. 4453) [27JY]
Reports filed
Compensation for Persian Gulf Conflict Veterans and Increased
Research Relative to Illnesses Attributed to Service During
Conflict: Committee on Veterans' Affairs (House) (H.R. 4386)
(H. Rept. 103-669) [4AU]
Conservation and Development of Resources, and River and Harbor
Improvement Projects: Committee on Public Works and
Transportation (House) (H.R. 4460) (H. Rept. 103-770) [30SE]
Consideration of Conference Report on H.R. 4650, Dept. of Defense
Appropriations: Committee on Rules (House) (H. Res. 554) (H.
Rept. 103-759) [28SE]
Consideration of Conference Report on S. 2182, Dept. of Defense
and Dept. of Energy Defense Activities Appropriations:
Committee on Rules (House) (H. Res. 521) (H. Rept. 103-705)
[16AU]
Consideration of H.J. Res. 416, Presence of U.S. Armed Forces in
Haiti: Committee on Rules (House) (H. Res. 570) (H. Rept. 103-
840) [5OC]
Consideration of H.R. 3433, Management of the Presidio Military
Facility: Committee on Rules (House) (H. Res. 516) (H. Rept.
103-696) [10AU]
Consideration of H.R. 4301, Dept. of Defense Appropriations:
Committee on Rules (House) (H. Res. 431) (H. Rept. 103-520)
[20MY]
Consideration of H.R. 4453, Military Construction Appropriations:
Committee on Rules (House) (H. Res. 433) (H. Rept. 103-523)
[23MY]
Consideration of H.R. 4650, Dept. of Defense Appropriations:
Committee on Rules (House) (H. Res. 469) (H. Rept. 103-568)
[29JN]
Consideration of H.R. 5231, Management of the Presidio, CA,
Military Facility: Committee on Rules (House) (H. Res. 576)
(H. Rept. 103-847) [6OC]
Dept. of Defense and Dept. of Energy Defense Activities
Appropriations: committee of conference (S. 2182) [12AU]
Dept. of Defense Appropriations: committee of conference (H.R.
4650) (H. Rept. 103-747) [26SE]
------Committee on Appropriations (House) (H.R. 4650) (H. Rept.
103-562) [27JN]
------Committee on Armed Services (House) (H.R. 4301) (H. Rept.
103-499) [10MY]
Dept. of Defense Overseas Teacher Pay and Personnel Practices:
Committee on Post Office and Civil Service (House) (H.R. 3499)
(H. Rept. 103-598) [13JY]
Eximbank Financing for the Export of Nonlethal Defense Articles
and Services: Committee on Banking, Finance and Urban Affairs
(House) (H.R. 4455) (H. Rept. 103-681) [8AU]
Fish, Wildlife, and Natural Resources Management on Military
Installations: Committee on Merchant Marine and Fisheries
(House) (H.R. 3300) (H. Rept. 103-718) [12SE]
Management of the Presidio Military Facility: Committee on Natural
Resources (House) (H.R. 3433) (H. Rept. 103-615) [21JY]
------Committee on Ways and Means (House) (H.R. 3433) (H. Rept.
103-615) [9AU]
Military Construction Appropriations: committee of conference
(H.R. 4453) (H. Rept. 103-624) [27JY]
------Committee on Appropriations (House) (H.R. 4453) (H. Rept.
103-516) [19MY]
Penalties for the Illegal Sale of Medals of Honor: Committee on
the Judiciary (House) (H.R. 5102) (H. Rept. 103-786) [3OC]
Presence of U.S. Armed Forces in Haiti: Committee on Foreign
Affairs (House) (H.J. Res. 416) (H. Rept. 103-819) [3OC]
DEPARTMENT OF EDUCATION
Appointments
Conferees: H.R. 2884, School-to-Work Opportunities Act [16MR]
------H.R. 4606, Depts. of Labor, HHS, Education, and related
agencies appropriations [13SE]
------S. 2000, Head Start, LIHEAP, Community Development Block
Grant Program, and Coordinated Services for Children, Youth,
and Families reauthorization [28AP]
Bills and resolutions
Appropriations: reduce increase in grants to State and local
education agencies (see H.R. 3725) [25JA]
Federal aid programs: reauthorization of Head Start, LIHEAP,
Community Development Block Grant Program, and Coordinated
Services for Children, Youth, and Families (S. 2000),
consideration of conference report (see H. Res. 421) [11MY]
Motions
Depts. of Labor, HHS, Education, and related agencies: making
appropriations (H.R. 4606) [29JN] [13SE]
------making appropriations (H.R. 4606), conference report [22SE]
Federal aid programs: reauthorization of Head Start, LIHEAP,
Community Development Block Grant Program, and Coordinated
Services for Children, Youth, and Families (S. 2000) [28AP]
Reports by conference committees
Depts. of Labor, HHS, Education, and Related Agencies
Appropriations (H.R. 4606) [20SE]
Head Start, LIHEAP, Community Development Block Grant Program, and
Coordinated Services for Children, Youth, and Families
Reauthorization (S. 2000) [9MY]
School-to-Work Opportunities Act (H.R. 2884) [19AP]
Reports filed
Consideration of Conference Report on S. 2000, Reauthorization of
Certain Federal Aid Programs: Committee on Rules (House) (H.
Res. 421) (H. Rept. 103-502) [11MY]
Depts. of Labor, HHS, Education, and Related Agencies
Appropriations: committee of conference (H.R. 4606) (H. Rept.
103-733) [20SE]
------Committee on Appropriations (House) (H.R. 4606) (H. Rept.
103-553) [21JN]
Head Start, LIHEAP, Community Development Block Grant Program, and
Coordinated Services for Children, Youth, and Families
Reauthorization: committee of conference (S. 2000) (H. Rept.
103-497) [9MY]
Head Start Program and Community Development Block Grant Program
Reauthorization: Committee on Education and Labor (House)
(H.R. 4250) (H. Rept. 103-483) [26AP]
School-to-Work Opportunities Act: committee of conference (H.R.
2884) (H. Rept. 103-480) [19AP]
DEPARTMENT OF ENERGY
Appointments
Conferees: S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions
Albert Einstein Distinguished Educator Fellowship Program:
establish (see H.R. 4759) [14JY]
Appropriations: reductions in spending at or through certain
facilities (see H.R. 4706) [30JN]
Dept. of Energy Facilities Closure and Reconfiguration Commission:
establish (see H.R. 3782) [2FE]
Nuclear energy: authorize the fusion research and development
programs to direct U.S. participation in the International
Thermonuclear Experimental Reactor (see H.R. 4553) [9JN]
------safe disposal of spent fuel (see H.R. 4887) [2AU]
Power resources: management of the strategic petroleum reserve
(see H.R. 4750, 4752) [13JY]
Radioactive substances: clarify Federal obligation to take title
and possession of high-level radioactive waste and establish
an interim spent nuclear fuel storage facility (see H.R. 5057)
[19SE]
------compensation of individuals who were subjects in Government
radiation experiments (see H.R. 3743, 4292) [26JA] [21AP]
Motions
National defense: authorizing appropriations for Dept. of Defense
and Dept. of Energy defense activities (S. 2182) [25JY]
Reports by conference committees
Dept. of Defense and Dept. of Energy Defense Activities
Appropriations (S. 2182) [12AU]
Reports filed
Consideration of Conference Report on S. 2182, Dept. of Defense
and Dept. of Energy Defense Activities Appropriations:
Committee on Rules (House) (H. Res. 521) (H. Rept. 103-705)
[16AU]
Consideration of H.R. 4908, Hydrogen and Fusion Research and
Development Programs, and Nuclear and
[[Page 2730]]
High Energy Physics Programs Authorization: Committee on Rules
(House) (H. Res. 515) (H. Rept. 103-695) [10AU]
Cooperation of Dept. of Energy Laboratories With Private Sector To
Enhance Economic and Technological Competitiveness: Committee
on Energy and Commerce (House) (S. 473) (H. Rept. 103-611)
[19JY]
Dept. of Defense and Dept. of Energy Defense Activities
Appropriations: committee of conference (S. 2182) [12AU]
Evaluation of Dept. of Energy Research and Development
Laboratories and Consolidation of Technology Transfer
Activities: Committee on Armed Services (House) (H.R. 1432)
(H. Rept. 103-484) [26AP]
------Committee on Science, Space, and Technology (House) (H.R.
1432) (H. Rept. 103-484) [19MY]
Hydrogen and Fusion Research and Development Programs, and Nuclear
and High Energy Physics Programs Authorization: Committee on
Science, Space, and Technology (House) (H.R. 4908) (H. Rept.
103-674) [5AU]
Management of the Strategic Petroleum Reserve: Committee on Energy
and Commerce (House) (H.R. 4752) (H. Rept. 103-663) [3AU]
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Appointments
Conferees: H.R. 4606, Depts. of Labor, HHS, Education, and related
agencies appropriations [13SE]
Bills and resolutions
Diseases: authorize study of breast and prostate cancer (see H.R.
5257) [7OC]
Elders, Joycelyn: call for resignation as Surgeon General (see H.
Con. Res. 297) [26SE]
Health: vaccination injury compensation requirements (see H.R.
4970) [16AU]
Medicare: consideration of health of primary caregiver in coverage
of durable medical equipment (see H.R. 4756) [14JY]
NIH: establish a center for rare disease research (see H.R. 5173)
[4OC]
Public Health Service: modify eligibility requirements for
appointment as Surgeon General (see H.R. 5066) [20SE]
Messages
Dept. of HHS Revised Deferral of Budget Authority: President
Clinton [3MY]
Depts. of Labor and HHS Reports: President Clinton [19AU]
Motions
Depts. of Labor, HHS, Education, and related agencies: making
appropriations (H.R. 4606) [29JN] [13SE]
------making appropriations (H.R. 4606), conference report [22SE]
Reports by conference committees
Depts. of Labor, HHS, Education, and Related Agencies
Appropriations (H.R. 4606) [20SE]
Reports filed
Depts. of Labor, HHS, Education, and Related Agencies
Appropriations: committee of conference (H.R. 4606) (H. Rept.
103-733) [20SE]
------Committee on Appropriations (House) (H.R. 4606) (H. Rept.
103-553) [21JN]
Indian Lands Open Dump Cleanup Act: Committee on Natural Resources
(House) (S. 720) (H. Rept. 103-783) [3OC]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Appointments
Conferees: H.R. 4624, Depts. of Veterans Affairs, HUD, and sundry
independent agencies appropriations [17AU]
Bills and resolutions
Depts. of Veterans Affairs, HUD, and sundry independent agencies:
authorizing appropriations (see H.R. 4624) [22JN]
Housing: disposition of certain multifamily properties and reform
of certain programs (see H.R. 4067) [17MR]
------establish sanctions for the filing of certain complaints
(see H.R. 4954) [12AU]
------grants for economic development activities relative to
certain loan guarantees (see H.R. 3793) [3FE]
------improve the management of the project-based rental
assistance program (see H.R. 5115) [28SE]
------reform the single family mortgage insurance program (see
H.R. 4484) [24MY]
Housing and community development programs: reauthorize (see H.R.
4310) [28AP]
Mortgage insurance program: mortgage limitation amount (see H.R.
4396) [11MY]
Messages
Report: President Clinton [10MY]
Motions
Depts. of Veterans Affairs, HUD, and sundry independent agencies:
authorizing appropriations (H.R. 4624) [29JN]
------authorizing appropriations (H.R. 4624), conference report
[12SE]
Housing: reform Dept. of HUD multifamily property requirements,
enhance programs, and authorize program to combat crime (S.
1299) [22MR]
Reports by conference committees
Depts. of Veterans Affairs, HUD, and Sundry Independent Agencies
Appropriations (H.R. 4624) [26AU]
Reports filed
Consideration of H.R. 3838, Housing and Community Development Act:
Committee on Rules (House) (H. Res. 482) (H. Rept. 103-612)
[20JY]
Consideration of H.R. 4624, Depts. of Veterans Affairs, HUD, and
Sundry Independent Agencies Appropriations: Committee on Rules
(House) (H. Res. 465) (H. Rept. 103-563) [27JN]
Dept. of HUD Supplemental Appropriations: Committee on
Appropriations (House) (H.R. 4568) (H. Rept. 103-550) [17JN]
Depts. of Veterans Affairs, HUD, and Sundry Independent Agencies
Appropriations: Committee on Appropriations (House) (H.R.
4624) (H. Rept. 103-555) [22JN]
Housing and Community Development Act: Committee on Banking,
Finance and Urban Affairs (House) (H.R. 3838) (H. Rept. 103-
607) [18JY]
DEPARTMENT OF JUSTICE
Appointments
Conferees: S. 24, independent counsel reauthorization [10FE]
Bills and resolutions
Firearms: assistance for State and local programs exchanging
merchandise vouchers for firearms (see H.R. 3771) [2FE]
House of Representatives: public release of documents relative to
the investigation of the House Post Office (see H. Res. 450)
[9JN]
Immigration: authority to parole aliens into the U.S. (see H.R.
5157) [3OC]
Independent counsel: appointment to investigate certain internal
criminal allegations (see H.R. 3834) [9FE]
Motions
Depts. of Commerce, Justice, and State, the Judiciary, and related
agencies: authorizing appropriations (H.R. 4603) [27JN] [10AU]
Independent counsel: reauthorize (H.R. 811) [10FE]
Reports by conference committees
Depts. of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations (H.R. 4603) [16AU]
Independent Counsel Reauthorization (S. 24) [19MY]
Reports filed
Consideration of Conference Report on H.R. 4603, Depts. of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations: Committee on Rules (House) (H. Res.
523) (H. Rept. 103-709) [17AU]
Consideration of H.R. 811, Independent Counsel Reauthorization:
Committee on Rules (House) (H. Res. 352) (H. Rept. 103-419)
[8FE]
Consideration of H.R. 4603, Depts. of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations:
Committee on Rules (House) (H. Res. 461) (H. Rept. 103-556)
[22JN]
Consideration of S. 24, Independent Counsel Reauthorization:
Committee on Rules (House) (H. Res. 439) (H. Rept. 103-527)
[24MY]
Depts. of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations: Committee on Appropriations (House)
(H.R. 4603) (H. Rept. 103-552) [21JN]
------committee of conference (H.R. 4603) (H. Rept. 103-708)
[16AU]
Independent Counsel Reauthorization: committee of conference (S.
24) (H. Rept. 103-511) [19MY]
International Antitrust Enforcement Assistance Act: Committee on
the Judiciary (House) (H.R. 4781) (H. Rept. 103-772) [3OC]
Public Release of Documents Relative to the Investigation of the
House Post Office: Committee on House Administration (House)
(H. Res. 450) (H. Rept. 103-573) [30JN]
DEPARTMENT OF LABOR
related term(s) Bureau of Reclamation
Appointments
Conferees: H.R. 2884, School-to-Work Opportunities Act [16MR]
------H.R. 4606, Depts. of Labor, HHS, Education, and related
agencies appropriations [13SE]
Bills and resolutions
Firefighters: exempt firefighters and rescue squad workers from
certain provisions of the Fair Labor Standards Act relative to
volunteer work in a professional capacity (see H.R. 3949)
[3MR]
Messages
Depts. of Labor and HHS Reports: President Clinton [19AU]
Motions
Depts. of Labor, HHS, Education, and related agencies: making
appropriations (H.R. 4606) [29JN] [13SE]
------making appropriations (H.R. 4606), conference report [22SE]
Reports by conference committees
Depts. of Labor, HHS, Education, and Related Agencies
Appropriations (H.R. 4606) [20SE]
School-to-Work Opportunities Act (H.R. 2884) [19AP]
Reports filed
Depts. of Labor, HHS, Education, and Related Agencies
Appropriations: committee of conference (H.R. 4606) (H. Rept.
103-733) [20SE]
------Committee on Appropriations (House) (H.R. 4606) (H. Rept.
103-553) [21JN]
School-to-Work Opportunities Act: committee of conference (H.R.
2884) (H. Rept. 103-480) [19AP]
DEPARTMENT OF STATE
related term(s) Foreign Service
Appointments
Conferees: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP] [19AP]
Bills and resolutions
Passports: denials to noncustodial parents subject to State arrest
warrants for nonpayment of child support (see H.R. 5175) [4OC]
Motions
Dept. of State, USIA, and related agencies: authorizing
appropriations (H.R. 2333) [18AP]
------authorizing appropriations (H.R. 2333), conference report
[28AP]
Depts. of Commerce, Justice, and State, the Judiciary, and related
agencies: authorizing appropriations (H.R. 4603) [27JN] [10AU]
Reports by conference committees
Dept. of State, USIA, and Related Agencies Appropriations (H.R.
2333) [26AP]
Depts. of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations (H.R. 4603) [16AU]
Reports filed
Consideration of Conference Report on H.R. 4603, Depts. of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations: Committee on Rules (House) (H. Res.
523) (H. Rept. 103-709) [17AU]
Consideration of H.R. 4603, Depts. of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations:
Committee on Rules (House) (H. Res. 461) (H. Rept. 103-556)
[22JN]
Dept. of State, USIA, and related agencies appropriations:
committee of conference (H.R. 2333) (H. Rept. 103-482) [25AP]
Depts. of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations: Committee on
[[Page 2731]]
Appropriations (House) (H.R. 4603) (H. Rept. 103-552) [21JN]
------committee of conference (H.R. 4603) (H. Rept. 103-708)
[16AU]
DEPARTMENT OF THE INTERIOR
related term(s) Bureau of Indian Affairs; Bureau of Land Management
Appointments
Conferees: H.R. 4602, Dept. of the Interior and related agencies
appropriations [13SE]
Bills and resolutions
American Heritage Areas Partnership Program: establish (H.R.
5044), consideration (see H. Res. 562) [3OC]
Arkansas: conveyance of the Corning National Fish Hatchery (see
H.R. 4253) [19AP]
------conveyance of William H. Donham State Fish Hatchery by Dept.
of the Interior (see H.R. 4082) [17MR]
California: management of the Presidio military facility (see H.R.
5231) [6OC]
------management of the Presidio military facility (H.R. 3433),
consideration (see H. Res. 516) [10AU]
------management of the Presidio military facility (H.R. 5231),
consideration (see H. Res. 576) [6OC]
Coeur d'Alene Basin Management Conference: convene (see H.R. 4962)
[12AU]
Coeur d'Alene Basin Restoration Corp.: establish (see H.R. 4961)
[12AU]
Corpus Christi, TX: negotiations with the Bureau of Reclamation
relative to the Choke Canyon Reservoir-Nueces River project
(see H.R. 4631) [22JN]
Dept. of the Interior and related agencies: making appropriations
(see H.R. 4602) [17JN]
------making appropriations (H.R. 4602), consideration (see H.
Res. 458) [21JN]
------making appropriations (H.R. 4602), consideration of
conference report (see H. Res. 547) [26SE]
Forests: forest health improvement programs on Federal lands
through the use of land stewardship contracts (see H.R. 5007)
[20AU]
Gilpin County, CO: Federal land acquisition (see H.R. 5016) [21AU]
Mancos Water Conservancy District, CO: construction of
hydroelectric plant (see H.R. 4523) [26MY]
Montauk, NY: transfer Light Station Montauk Point to the Montauk
Historical Society (see H.R. 4611) [21JN]
National Park Service: consideration of Native American businesses
for concessions contracts (see H.R. 4389) [11MY]
------reform entrepreneurial management (see H.R. 4533) [26MY]
Power resources: management of the strategic petroleum reserve
(see H.R. 4750, 4752) [13JY]
Public lands: convey certain lands (see H.R. 4715) [30JN]
Redwood Valley Water District: loan authority (see H.R. 4925)
[9AU]
Territories: transfer certain administrative functions to the
Dept. of Commerce (see H.R. 3797) [3FE]
Motions
Dept. of the Interior and related agencies: making appropriations
(H.R. 4602) [23JN] [13SE] [27SE]
Reports by conference committees
Dept. of the Interior and Related Agencies Appropriations (H.R.
4602) [22SE]
Reports filed
Central Council of Tlingit and Haida Indian Tribes of Alaska
Receipt of Services From the Bureau of Indian Affairs:
Committee on Natural Resources (House) (S. 1784) (H. Rept.
103-800) [3OC]
Consideration of Conference Report on H.R. 4602, Dept. of the
Interior and Related Agencies Appropriations: Committee on
Rules (House) (H. Res. 547) (H. Rept. 103-749) [26SE]
Consideration of H.R. 3433, Management of the Presidio Military
Facility: Committee on Rules (House) (H. Res. 516) (H. Rept.
103-696) [10AU]
Consideration of H.R. 4602, Dept. of the Interior and Related
Agencies Appropriations: Committee on Rules (House) (H. Res.
458) (H. Rept. 103-554) [21JN]
Consideration of H.R. 5044, American Heritage Areas Partnership
Program Establishment: Committee on Rules (House) (H. Res.
562) (H. Rept. 103-806) [3OC]
Consideration of H.R. 5231, Management of the Presidio, CA,
Military Facility: Committee on Rules (House) (H. Res. 576)
(H. Rept. 103-847) [6OC]
Consideration of S. 208, National Park Service Concessions Policy
Reform: Committee on Rules (House) (H. Res. 492) (H. Rept.
103-623) [27JY]
Conveyance of the Corning National Fish Hatchery to Arkansas:
Committee on Merchant Marine and Fisheries (House) (H.R. 4253)
(H. Rept. 103-586) [12JY]
Dept. of the Interior and Related Agencies Appropriations:
Committee on Appropriations (House) (H.R. 4602) (H. Rept. 103-
551) [17JN]
Dept. of the Interior and Related Agencies Appropriations (H.R.
4602): committee of conference (H. Rept. 103-740) [22SE]
Designate the Chaco Culture Archaeological Protection Sites:
Committee on Natural Resources (House) (H.R. 1562) (H. Rept.
103-678) [8AU]
Establishment of the American Heritage Areas Partnership Program
in the Dept. of the Interior: Committee on Natural Resources
(House) (H.R. 3707) (H. Rept. 103-570) [30JN]
Junior Duck Stamp Conservation Program Appropriations: Committee
on Merchant Marine and Fisheries (House) (H.R. 3679) (H. Rept.
103-521) [23MY]
Management of the Presidio Military Facility: Committee on Natural
Resources (House) (H.R. 3433) (H. Rept. 103-615) [21JY]
------Committee on Ways and Means (House) (H.R. 3433) (H. Rept.
103-615) [9AU]
Management of the Strategic Petroleum Reserve: Committee on Energy
and Commerce (House) (H.R. 4752) (H. Rept. 103-663) [3AU]
Mancos Water Conservancy District, CO, Hydroelectric Plant
Construction: Committee on Natural Resources (House) (H.R.
4523) (H. Rept. 103-790) [3OC]
National Park Service Concessions Policy Reform: Committee on
Natural Resources (House) (S. 208) (H. Rept. 103-571) [30JN]
National Park Service Entrepreneurial Management Reform Act:
Committee on Natural Resources (House) (H.R. 4533) (H. Rept.
103-793) [3OC]
Negotiate Agreements for the Use of Sand, Gravel, and Shell
Resources of the Outer Continental Shelf: Committee on Natural
Resources (House) (H.R. 3678) (H. Rept. 103-817) [3OC]
Prohibit Bureau of Mines From Refining and Selling Helium, and
Dispose of Helium Reserve: Committee on Natural Resources
(House) (H.R. 3967) (H. Rept. 103-661) [3AU]
Red Rock Canyon National Conservation Area Boundary Expansion:
Committee on Natural Resources (House) (H.R. 3050) (H. Rept.
103-679) [8AU]
Redwood Valley Water District Loan Authority: Committee on Natural
Resources (House) (H.R. 4925) (H. Rept. 103-795) [3OC]
Water Desalination Act: Committee on Natural Resources (House)
(H.R. 4944) (H. Rept. 103-821) [3OC]
DEPARTMENT OF THE POST OFFICE
see Postal Service
DEPARTMENT OF THE TREASURY
related term(s) Customs Service
Appointments
Conferees: H.R. 4539, Dept. of the Treasury, Postal Service,
Executive Office of the President, and independent agencies
appropriations [16AU]
Bills and resolutions
Coins: issue one dollar coin (see H.R. 5168) [4OC]
Dept. of the Treasury, Postal Service, Executive Office of the
President, and independent agencies: making appropriations
(H.R. 4539), Senate amendments (see H. Res. 479) [14JY]
------making appropriations (H.R. 4539), consideration (see H.
Res. 447) [8JN]
------making appropriations (H.R. 4539), consideration of
conference report (see H. Res. 537) [21SE]
District of Columbia: authority to requisition funds (see H.R.
4529) [26MY]
Federal Employees Health Benefits Program: enrollment of
individuals currently in a health plan administered by the
Comptroller of the Currency or the Office of Thrift
Supervision (see H.R. 5164) [4OC]
Financial institutions: treatment of U.S. banks by foreign
countries (see H.R. 4926) [9AU]
Motions
Dept. of the Treasury, Postal Service, Executive Office of the
President, and independent agencies: making appropriations
(H.R. 4539) [15JN] [16AU] [19SE]
------making appropriations (H.R. 4539), conference report [22SE]
[27SE]
Reports by conference committees
Dept. of the Treasury, Postal Service, Executive Office of the
President, and Independent Agencies Appropriations (H.R. 4539)
[20SE] [22SE]
Reports filed
Acquisition of the Old U.S. Mint, San Francisco, CA: Committee on
Public Works and Transportation (House) (H.R. 4812) (H. Rept.
103-634) [1AU]
Consideration of Conference Report on H.R. 4539, Dept. of the
Treasury, Postal Service, Executive Office of the President,
and Independent Agencies Appropriations: Committee on Rules
(House) (H. Res. 537) (H. Rept. 103-736) [21SE]
Consideration of H.R. 4539, Dept. of the Treasury, Postal Service,
Executive Office of the President, and Independent Agencies
Appropriations: Committee on Rules (House) (H. Res. 447) (H.
Rept. 103-537) [8JN]
Consideration of H.R. 4926, Treatment of U.S. Banks by Foreign
Countries: Committee on Rules (House) (H. Res. 543) (H. Rept.
103-743) [23SE]
Dept. of the Treasury, Postal Service, Executive Office of the
President, and Independent Agencies Appropriations: Committee
on Appropriations (House) (H.R. 4539) (H. Rept. 103-534)
[26MY] [9JN]
------committee of conference (H.R. 4539) (H. Rept. 103-729)
[20SE]
------committee of conference (H.R. 4539) (H. Rept. 103-741)
[22SE]
Financial Management in the Customs Service: Committee on
Government Operations (House) (H. Rept. 103-868) [29NO]
Foreign Country Treatment of U.S. Banks: Committee on Banking,
Finance and Urban Affairs (H.R. 4926) (H. Rept. 103-727)
[19SE]
DEPARTMENT OF TRANSPORTATION
related term(s) Coast Guard
Appointments
Conferees: H.R. 4556, Dept. of Transportation and related agencies
appropriations [20SE]
Bills and resolutions
Aliento (vessel): certificate of documentation (see H.R. 4029)
[11MR]
American Victory (vessel): convey to the Battle of the Atlantic
Historical Society (see H.R. 4383) [10MY]
Atlantis III (vessel): certificate of documentation (see H.R.
5058) [19SE]
Attitude (vessel): certificate of documentation (see H.R. 4837)
[26JY]
Big Dad (vessel): certificate of documentation (see H.R. 4813)
[21JY]
Chrissy (vessel): certificate of documentation (see H.R. 4500)
[25MY]
Coast Guard: transfer certain property (see H.R. 4436) [17MY]
Dallas/Fort Worth Airport, TX: adjust designation of controlled
airspace (see H.R. 5182) [5OC]
Dept. of Transportation and related agencies: making
appropriations (H.R. 4556), consideration (see H. Res. 454)
[14JN]
Eagle Mar (vessel): certificate of documentation (see H.R. 4681)
[29JN]
FAA: establish as an independent agency (see H.R. 5274) [7OC]
Fifty One (vessel): certificate of documentation (see H.R. 4937)
[10AU]
Finesse (vessel): certificate of documentation (see H.R. 5059)
[19SE]
Gibraltar (vessel): certificate of documentation (see H.R. 4774)
[14JY]
Isabelle (vessel): certificate of documentation (see H.R. 4731)
[12JY]
[[Page 2732]]
Kulpsville, PA: authorize comprehensive transportation improvement
program (see H.R. 5224) [6OC]
L.R. Beattie (vessel): certificate of documentation (see H.R.
4808) [20JY]
Lady Angela (vessel): certificate of documentation (see H.R. 4730)
[12JY]
Maranatha (vessel): certificate of documentation (see H.R. 4836)
[26JY]
Merchant marine industry: authorize appropriations for certain
maritime programs and revitalize U.S.-flag merchant marine
(H.R. 4003), consideration (see H. Res. 500) [1AU]
Motor vehicles: bumper standards (see H.R. 4280) [21AP]
NTSB: authorizing appropriations (H.R. 2440), concur to Senate
amendment with an amendment (see H. Res. 558) [3OC]
Old Hat (vessel): certificate of documentation (see H.R. 4537)
[26MY]
Public lands: transfer administrative jurisdiction of certain
lands to the Cape Hatteras National Seashore Recreational Area
(see H.R. 4364) [5MY]
Raven (vessel): certificate of documentation (see H.R. 4733, 4890)
[12JY] [2AU]
Sea Hawk III (vessel): certificate of documentation (see H.R.
4717) [30JN]
Seascape (vessel): certificate of documentation (see H.R. 4090)
[17MR]
Ships and vessels: certificate of documentation for certain
dredging vessels (see H.R. 4295) [21AP]
------use of the International Tonnage Convention measurement
system in design and construction (see H.R. 5136) [29SE]
Silent Wings (vessel): certificate of documentation (see H.R.
4538) [26MY]
Smalley 6808 (vessel): certificate of documentation (see H.R.
4660) [27JN]
Spirit of the Pacific Northwest (vessel): certificate of
documentation (see H.R. 4798) [19JY]
Tecumseh (vessel): certificate of documentation (see H.R. 4807)
[20JY]
Westwind (vessel): certificate of documentation (see H.R. 4732)
[12JY]
Messages
Dept. of Transportation Annual Report: President Clinton [2MR]
Highway Safety Act and the Motor Vehicle Safety Act: President
Clinton [3OC]
Motions
Dept. of Transportation and related agencies: making
appropriations (H.R. 4556) [20SE]
Merchant marine industry: authorize appropriations for certain
maritime programs and revitalize U.S.-flag merchant marine
(H.R. 4003) [2AU]
Reports by conference committees
Dept. of Transportation and Related Agencies Appropriations (H.R.
4556) [26SE]
Reports filed
Ballast Water Management Act: Committee on Merchant Marine and
Fisheries (House) (H.R. 3360) (H. Rept. 103-440) [21MR]
Cape Hatteras National Seashore Recreational Area Administrative
Jurisdiction: Committee on Natural Resources (House) (H.R.
4364) (H. Rept. 103-593) [12JY]
Consideration of H.R. 4003, Maritime Administration and
Promotional Reform Act: Committee on Rules (House) (H. Res.
500) (H. Rept. 103-646) [1AU]
Consideration of H.R. 4556, Dept. of Transportation and Related
Agencies Appropriations: Committee on Rules (House) (H. Res.
454) (H. Rept. 103-546) [14JN]
Dept. of Transportation and Related Agencies Appropriations:
Committee on Appropriations (House) (H.R. 4556) (H. Rept. 103-
543) [9JN] [13JN]
------committee of conference (H.R. 4556) (H. Rept. 103-752)
[26SE]
Maritime Programs Appropriations and Revitalization of U.S.-Flag
Merchant Marine: Committee on Ways and Means (House) (H.R.
4003) (H. Rept. 103-544) [29JY]
DEPARTMENT OF VETERANS AFFAIRS
related term(s) Veterans
Appointments
Conferees: H.R. 4624, Depts. of Veterans Affairs, HUD, and sundry
independent agencies appropriations [17AU]
Bills and resolutions
Armed Forces: disability compensation rates relative to benefits
paid under the Special Separation Benefits Program (see H.R.
3731) [25JA]
Depts. of Veterans Affairs, HUD, and sundry independent agencies:
authorizing appropriations (see H.R. 4624) [22JN]
Disabled: specialized services to disabled veterans (see H.R.
4428) [16MY]
Veterans: compensation rate for veterans with service-connected
disabilities and survivors' dependency and indemnity
compensation (see H.R. 4088) [17MR]
------permit retirement pay concurrently with service-connected
disability benefits (H.R. 65), consideration (see H. Res. 382)
[9MR]
------provision of a display case for the flag furnished with
respect to deceased veterans (see H.R. 4286) [21AP]
------sexual trauma counseling programs (S. 1030), return to
Senate (see H. Res. 487) [21JY]
------survivor annuity benefits relative to waivers made before
marriage (see H.R. 5004) [19AU]
Motions
Depts. of Veterans Affairs, HUD, and sundry independent agencies:
authorizing appropriations (H.R. 4624) [29JN]
------authorizing appropriations (H.R. 4624), conference report
[12SE]
Veterans: compensation rate for veterans with service-connected
disabilities and survivors' dependency and indemnity
compensation (S. 1927) [8AU]
Reports by conference committees
Depts. of Veterans Affairs, HUD, and Sundry Independent Agencies
Appropriations (H.R. 4624) [26AU]
Reports filed
Claude Harris, Jr., Veterans' Medical Center Building, Tuscaloosa,
AL: Committee on Veterans' Affairs (House) (H.R. 4948) (H.
Rept. 103-823) [3OC]
Compensation for Persian Gulf Conflict Veterans and Increased
Research Relative to Illnesses Attributed to Service During
Conflict: Committee on Veterans' Affairs (House) (H.R. 4386)
(H. Rept. 103-669) [4AU]
Compensation Rate for Veterans With Service-Connected Disabilities
and Survivors' Dependency and Indemnity Compensation:
Committee on Veterans' Affairs (House) (H.R. 4088) (H. Rept.
103-668) [4AU]
Consideration of H.R. 4624, Depts. of Veterans Affairs, HUD, and
Sundry Independent Agencies Appropriations: Committee on Rules
(House) (H. Res. 465) (H. Rept. 103-563) [27JN]
Construction of Dept. of Veterans Affairs Medical Facilities:
Committee on Veterans Affairs (House) (H.R. 4425) (H. Rept.
103-518) [20MY]
Construction of Facility at the Hines Veterans Hospital, Hines,
IL: Committee on Veterans' Affairs (House) (H.R. 1617) (H.
Rept. 103-476) [14AP]
Depts. of Veterans Affairs, HUD, and Sundry Independent Agencies
Appropriations: Committee on Appropriations (House) (H.R.
4624) (H. Rept. 103-555) [22JN]
Establish a Dept. of Veterans Affairs Women's Bureau: Committee on
Veterans' Affairs (House) (H.R. 3013) (H. Rept. 103-538) [9JN]
Staffing Guidelines for the Veterans Health Administration and
Establishment of Health Care Delivery Programs: Committee on
Veterans' Affairs (House) (H.R. 4013) (H. Rept. 103-477)
[14AP]
Veterans' Employment Act: Committee on Veterans' Affairs (House)
(H.R. 4776) (H. Rept. 103-630) [28JY]
DERIVATIVES SAFETY AND SOUNDNESS ACT
Bills and resolutions
Enact (see H.R. 4170) [12AP]
DERRICK, BUTLER (a Representative from South Carolina)
Appointments
Conferee: H.R. 820, National Competitiveness Act [19JY]
------H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 3345, Federal Workforce Restructuring Act [11MR]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
Bills and resolutions introduced by
Agriculture: reform crop insurance program (H.R. 4217),
consideration (see H. Res. 507) [4AU]
Agriculture, rural development, FDA, and related agencies
programs: making appropriations (H.R. 4554), consideration
(see H. Res. 455) [15JN]
Budget: consideration of budget authority rescission proposals
(H.R. 4600), consideration (see H. Res. 467) [28JN]
------establish direct spending targets (H.R. 4604), consideration
(see H. Res. 484) [20JY]
------reform of baseline budgeting, consideration of rescissions,
use of spending cuts for deficit reduction, and treatment of
emergency designation in legislation (H.R. 4907),
consideration (see H. Res. 512) [9AU]
------setting forth the Federal budget for 1995-99 (H. Con. Res.
218), consideration (see H. Res. 384) [9MR]
Congress: limit consideration of nonemergency matters in emergency
legislation (H.R. 4906), consideration (see H. Res. 513) [9AU]
Crime: national policy to control crime and reform court
procedures (H.R. 3355), consideration of conference report
(see H. Res. 517, 522, 526) [10AU] [16AU] [21AU]
------national policy to control crime and reform court procedures
(H.R. 4092), consideration (see H. Res. 395, 401) [22MR]
[12AP]
Dept. of Agriculture: reorganization (H.R. 3171), consideration
(see H. Res. 544) [23SE]
Education: national policy to improve system (H.R. 1804), waiving
points of order against conference report (see H. Res. 393)
[21MR]
Firearms: prohibit transfer or sale of assault weapons (H.R.
4296), consideration (see H. Res. 416) [4MY]
GATT: ratification (H.R. 5110), consideration (see H. Res. 564)
[4OC]
Government: entitlements (H. Con. Res. 301), consideration (see H.
Res. 563) [4OC]
Independent counsel: reauthorize (H.R. 811), consideration (see H.
Res. 352) [8FE]
------reauthorize (S. 24), consideration (see H. Res. 439) [24MY]
Legislative branch of the Government: application of certain laws
(H.R. 4822), consideration (see H. Res. 514) [9AU]
------making appropriations (H.R. 4454), consideration (see H.
Res. 444) [25MY]
------making appropriations (H.R. 4454), consideration of
conference report (see H. Res. 470) [29JN]
Small Business Act: amend (H.R. 4801), consideration (see H. Res.
494) [28JY]
South Carolina National Heritage Corridor: establish (see H.R.
4330) [3MY]
Reports filed
Consideration of Conference Report on H.R. 3355, Violent Crime
Control and Law Enforcement Act: Committee on Rules (House)
(H. Res. 517) (H. Rept. 103-697) [10AU]
------Committee on Rules (House) (H. Res. 522) (H. Rept. 103-707)
[16AU]
------Committee on Rules (House) (H. Res. 526) (H. Rept. 103-713)
[21AU]
Consideration of Conference Report on H.R. 4454, Legislative
Branch of the Government Appropriations: Committee on Rules
(House) (H. Res. 470) (H. Rept. 103-569) [29JN]
Consideration of H. Con. Res. 218, Setting Forth the Federal
Budget for 1995-99: Committee on the Budget (House) (H. Res.
384) (H. Rept. 103-429) [9MR]
Consideration of H. Con. Res. 301, Public Welfare Programs
Entitlements: Committee on Rules (House) (H. Res. 563) (H.
Rept. 103-828) [4OC]
Consideration of H.R. 811, Independent Counsel Reauthorization:
Committee on Rules (House) (H. Res. 352) (H. Rept. 103-419)
[8FE]
Consideration of H.R. 3171, Dept. of Agriculture Reorganization:
Committee on Rules (House) (H. Res. 544) (H. Rept. 103-744)
[23SE]
[[Page 2733]]
Consideration of H.R. 4092, National Policy To Control Crime and
Reform Court Procedures: Committee on Rules (House) (H. Res.
395) (H. Rept. 103-449) [22MR]
------Committee on Rules (House) (H. Res. 401) (H. Rept. 103-474)
[12AP]
Consideration of H.R. 4217, Federal Crop Insurance Reform Act:
Committee on Rules (House) (H. Res. 507) (H. Rept. 103-666)
[4AU]
Consideration of H.R. 4296, Prohibit Transfer or Sale of Assault
Weapons: Committee on Rules (House) (H. Res. 416) (H. Rept.
103-492) [4MY]
Consideration of H.R. 4454, Legislative Branch Appropriations:
Committee on Rules (House) (H. Res. 444) (H. Rept. 103-532)
[25MY]
Consideration of H.R. 4554, Agriculture, Rural Development, FDA,
and Related Agencies Programs Appropriations: Committee on
Rules (House) (H. Res. 455) (H. Rept. 103-548) [15JN]
Consideration of H.R. 4600, Budget Authority Rescission Proposals:
Committee on Rules (House) (H. Res. 467) (H. Rept. 103-565)
[28JN]
Consideration of H.R. 4604, Establish Direct Federal Budget
Spending Targets: Committee on Rules (House) (H. Res. 484) (H.
Rept. 103-614) [20JY]
Consideration of H.R. 4801, Small Business Act Amendments:
Committee on Rules (House) (H. Res. 494) (H. Rept. 103-627)
[28JY]
Consideration of H.R. 4822, Congressional Accountability Act:
Committee on Rules (House) (H. Res. 514) (H. Rept. 103-691)
[9AU]
Consideration of H.R. 4906, Limit Consideration of Nonemergency
Matters in Emergency Legislation: Committee on Rules (House)
(H. Res. 513) (H. Rept. 103-690) [9AU]
Consideration of H.R. 4907, Baseline Budgeting, Rescissions,
Spending Cuts for Deficit Reduction, and Emergency Designation
in Budget Legislation: Committee on Rules (House) (H. Res.
512) (H. Rept. 103-689) [9AU]
Consideration of H.R. 5110, GATT Ratification: Committee on Rules
(House) (H. Res. 564) (H. Rept. 103-829) [4OC]
Consideration of S. 24, Independent Counsel Reauthorization:
Committee on Rules (House) (H. Res. 439) (H. Rept. 103-527)
[24MY]
Waiving Points of Order Against Conference Report on H.R. 1804,
Goals 2000--Educate America Act: Committee on Rules (House)
(H. Res. 393) (H. Rept. 103-447) [21MR]
DETROIT, MI
Reports filed
Theodore Levin Federal Building and U.S. Courthouse, Detroit, MI:
Committee on Public Works and Transportation (House) (H.R.
4967) (H. Rept. 103-762) [29SE]
DEUTSCH, PETER (a Representative from Florida)
Bills and resolutions introduced by
Key West, FL: convey land from Key West Naval Air Station (see
H.R. 4740) [13JY]
DEVELOPMENTAL DISABILITIES BILL OF RIGHTS ACT
Appointments
Conferees: S. 1284, provisions [16MR]
Reports by conference committees
Programs Expansion (S. 1284) [21MR]
Reports filed
Provisions: committee of conference (S. 1284) (H. Rept. 103-442)
[21MR]
DIAZ-BALART, LINCOLN (a Representative from Florida)
Appointments
Conferee: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP] [19AP]
Bills and resolutions introduced by
Agriculture: prohibit importation of sugar from countries that
import sugar from Cuba (see H.R. 5298) [29NO]
Cuba: oppose admission as a member of international financial
institutions (see H.R. 5296) [29NO]
Foreign policy: withhold contributions to certain organizations
that assist Iraq, Iran, Libya, and Cuba (see H.R. 5295) [29NO]
Housing: reform certain housing programs (see H.R. 4218) [14AP]
Immigration: status of alien visas relative to involvement with
foreign expropriation of U.S. property (see H.R. 5297) [29NO]
Taxation: credit for care of elderly low-income relatives (see
H.R. 4195) [13AP]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
DICKEY, JAY (a Representative from Arkansas)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Bills and resolutions introduced by
Crime: national policy to control crime and reform court
procedures (see H.R. 4848) [28JY]
Medicaid: Federal funding of abortions (see H.R. 3880) [23FE]
SSI: eliminate fraud in disability benefits to children (see H.R.
4281) [21AP]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
DICKS, NORMAN D. (a Representative from Washington)
Appointments
Commission on the Roles and Capabilities of the U.S. Intelligence
Community [29NO]
Conferee: H.R. 4299, intelligence services appropriations [13SE]
------H.R. 4453, military construction appropriations [26JY]
------H.R. 4602, Dept. of the Interior and related agencies
appropriations [13SE]
------H.R. 4650, Dept. of Defense appropriations [13SE]
U.S. Air Force Academy Board of Visitors [21JN]
Bills and resolutions introduced by
Elwha River Ecosystem and Fisheries Restoration Act: amend (see
H.R. 4909) [5AU]
Forest Service: timber sale receipts sharing with the BLM (see
H.R. 5161) [4OC]
Rural Development Administration: loan and grant qualifications
for timber dependent communities (see H.R. 4196) [13AP]
DINGELL, JOHN D. (a Representative from Michigan)
Appointments
Conferee: H.R. 322, Mineral Exploration and Development Act [20MY]
------H.R. 820, National Competitiveness Act [25JY]
------H.R. 965, Child Safety Protection Act [13AP]
------H.R. 1804, Goals 2000--Educate America Act [11MR]
------H.R. 2659, bone marrow and organ transplant programs [13AP]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------H.R. 4950, Jobs Through Trade Expansion Act [4OC]
------S. 636, Freedom of Access to Clinic Entrances Act [17MR]
------S. 1284, Developmental Disabilities Assistance and Bill of
Rights Act [16MR]
------S. 1569, Minority Health Improvement Act [23MY]
------S. 2000, Head Start, LIHEAP, Community Development Block
Grant Program, and Coordinated Services for Children, Youth,
and Families reauthorization [28AP]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Committee on Energy and Commerce (House): expenses for
investigations and studies (see H. Res. 367) [23FE]
Communications Act: award of licenses by pioneer preferences (see
H.R. 4700) [30JN]
Consumers: require disclosure of service and other charges on
tickets (see H.R. 4995) [19AU]
Ecology and environment: authorizing appropriations for
conservation and management of wetlands (see H.R. 4308) [28AP]
Insurance: ensure that sellers and underwriters are qualified and
subject to consumer protection requirements (see H.R. 5075)
[22SE]
Public Health Awareness Day: designate (see H. Res. 464) [23JN]
Railroads: extension of certain Railway Labor Act provisions
relative to the Soo Line Railroad Co. labor dispute (see H.J.
Res. 417) [28SE]
Refuse disposal: State control of municipal solid waste
transportation and disposal (see H.R. 5250) [7OC]
Reports filed
Amtrak Appropriations: Committee on Energy and Commerce (House)
(H.R. 4111) (H. Rept. 103-698) [11AU]
Antitrust Reform Act: Committee on Energy and Commerce (House)
(H.R. 3626) (H. Rept. 103-559) [24JN]
Child Safety Protection Act: committee of conference (H.R. 965)
(H. Rept. 103-500) [11MY]
Collection of Application Fees for Medical Device Approvals:
Committee on Energy and Commerce (House) (H.R. 4864) (H. Rept.
103-751) [26SE]
Comprehensive One-Call Notification Act: Committee on Energy and
Commerce (House) (H.R. 4394) (H. Rept. 103-765) [29SE]
Cooperation of Dept. of Energy Laboratories With Private Sector To
Enhance Economic and Technological Competitiveness: Committee
on Energy and Commerce (House) (S. 473) (H. Rept. 103-611)
[19JY]
Developmental Disabilities Assistance and Bill of Rights Act:
committee of conference (S. 1284) (H. Rept. 103-442) [21MR]
Establish Toll Free Dept. of Commerce Number To Assist Consumers
in Determining if Products Are Domestically Produced:
Committee on Energy and Commerce (House) (H.R. 3342) (H. Rept.
103-660) [3AU]
FCC Appropriations: Committee on Energy and Commerce (House) (H.R.
4522) (H. Rept. 103-844) [6OC]
Federal Railroad Safety Act Amendments: Committee on Energy and
Commerce (House) (H.R. 4545) (H. Rept. 103-655) [3AU]
FTC Appropriations: committee of conference (H.R. 2243) (H. Rept.
103-617) [21JY]
GATT Ratification: Committee on Energy and Commerce (House) (H.R.
5110) (H. Rept. 103-826) [3OC]
Government Regulations on Orphan Drugs: Committee on Energy and
Commerce (House) (H.R. 4865) (H. Rept. 103-746) [26SE]
High-Speed Rail Transportation Development Appropriations:
Committee on Energy and Commerce (House) (H.R. 4867) (H. Rept.
103-692) [10AU]
Limit Out-of-State Solid Waste Disposal: Committee on Energy and
Commerce (House) (H.R. 4779) (H. Rept. 103-720) [16SE]
Management of the Strategic Petroleum Reserve: Committee on Energy
and Commerce (House) (H.R. 4752) (H. Rept. 103-663) [3AU]
Minority Health Improvement Act: committee of conference (S. 1569)
(H. Rept. 103-843) [6OC]
National Program To Reduce Indoor Air Contaminants: Committee on
Energy and Commerce (House) (H.R. 2919) (H. Rept. 103-719)
[13SE]
Petroleum Marketing Practices Act: Committee on Energy and
Commerce (House) (H.R. 1520) (H. Rept. 103-737) [22SE]
Promote a National Infrastructure to Encourage Deployment of
Advanced Services Through Competition: Committee on Energy and
Commerce (House) (H.R. 3636) (H. Rept. 103-560) [24JN]
Radon Testing Products and Services: Committee on Energy and
Commerce (House) (H.R. 2448) (H. Rept. 103-574) [30JN]
Reduce Waiting Period for Benefits Under the Railroad Unemployment
Insurance Act: Committee on Energy and Commerce (House) (H.R.
4868) (H. Rept. 103-693) [10AU]
Remove Certain Power Facility Size Limitations to Encourage the
Production of Renewable Resource En-P
[[Page 2734]]
ergy: Committee on Energy and Commerce (House) (H.R. 4866) (H.
Rept. 103-684) [8AU]
Revise and Extend Programs to Improve the Health of Individuals of
Minority Groups: Committee on Energy and Commerce (House)
(H.R. 3869) (H. Rept. 103-501) [11MY]
State Control of Municipal Solid Waste Transportation and
Disposal: Committee on Energy and Commerce (House) (H.R. 4683)
(H. Rept. 103-738) [22SE]
Streamline and Improve Cleanup Standards of CERCLA: Committee on
Energy and Commerce (House) (H.R. 3800) (H. Rept. 103-582)
[12JY]
U.S.-Mexico Border Health Commission Establishment: Committee on
Energy and Commerce (House) (H.R. 2305) (H. Rept. 103-710)
[19AU]
Unlisted Trading Privileges for Corporate Securities: Committee on
Energy and Commerce (House) (H.R. 4535) (H. Rept. 103-626)
[28JY]
Weatherization Programs Appropriations: Committee on Energy and
Commerce (House) (H.R. 4751) (H. Rept. 103-662) [3AU]
DISABLED
related term(s) Social Security
Appointments
Conferees: H.R. 4278, Social Security Domestic Employment Reform
Act [21JN]
------S. 1284, Developmental Disabilities Assistance and Bill of
Rights Act [16MR]
Bills and resolutions
Armed Forces: disability compensation rates relative to benefits
paid under the Special Separation Benefits Program (see H.R.
3731) [25JA]
Capitol Building and Grounds: authorize Special Olympics torch
relay (see H. Con. Res. 236) [24MR]
Fair Labor Standards Act: coverage of vision impaired or blind
individuals (see H.R. 3966) [7MR]
Health: access to long-term care services (see H.R. 4632) [22JN]
Individuals With Disabilities Education Act: treatment of disabled
children charged with firearms possession (see H.R. 4395)
[11MY]
Social Security: determination of disability benefits relative to
drug trafficking enterprises and ability to engage in gainful
activities (see H.R. 3929) [1MR]
SSI: eliminate fraud in disability benefits to children (see H.R.
4281) [21AP]
Taxation: reduce income tax rates on trusts established for the
benefit of individuals with disabilities (see H.R. 5070)
[21SE]
Technology-Related Assistance for Individuals With Disabilities
Act: authorizing appropriations (H.R. 2339), agree to Senate
amendment (see H. Res. 351) [8FE]
Veterans: clarify disabled classification for employment and
training purposes (see H.R. 4572) [13JN]
------compensation rate for veterans with service-connected
disabilities and survivors' dependency and indemnity
compensation (see H.R. 4088) [17MR]
------disabled veterans benefits (see H.R. 4671) [28JN]
------permit retirement pay concurrently with service-connected
disability benefits (H.R. 65), consideration (see H. Res. 382)
[9MR]
------specialized services to disabled veterans (see H.R. 4428)
[16MY]
------specially adapted housing grant (see H.R. 4670) [28JN]
Motions
Veterans: compensation rate for veterans with service-connected
disabilities and survivors' dependency and indemnity
compensation (S. 1927) [8AU]
Reports by conference committees
Developmental Disabilities Assistance and Bill of Rights Act
Program Expansion (S. 1284) [21MR]
Social Security Domestic Employment Reform Act (H.R. 4278) [6OC]
Reports filed
Authorize Special Olympics Torch Relay on Capitol Grounds:
Committee on Public Works and Transportation (House) (H. Con.
Res. 236) (H. Rept. 103-510) [18MY]
Compensation Rate for Veterans With Service-Connected Disabilities
and Survivors' Dependency and Indemnity Compensation:
Committee on Veterans' Affairs (House) (H.R. 4088) (H. Rept.
103-668) [4AU]
Developmental Disabilities Assistance and Bill of Rights Act:
committee of conference (S. 1284) (H. Rept. 103-442) [21MR]
Social Security Domestic Employment Reform Act: committee of
conference (H.R. 4278) (H. Rept. 103-842) [6OC]
------Committee on Ways and Means (House) (H.R. 4278) (H. Rept.
103-491) [4MY]
DISASTERS
related term(s) Earthquakes; Floods; Hunger
Bills and resolutions
Agriculture: emergency crop loss assistance for production losses
incurred through hurricane or typhoon damage to papaya,
banana, or other fruit-bearing trees (see H.R. 3829) [9FE]
Congress: limit consideration of nonemergency matters in emergency
legislation (see H.R. 4906) [5AU]
------limit consideration of nonemergency matters in emergency
legislation (H.R. 4906), consideration (see H. Res. 513) [9AU]
Federal aid programs: permit extension for filing drawback claims
in declared disaster areas (see H.R. 5118) [28SE]
National objectives: establish national policy (see H. Con. Res.
267) [19JY]
Taxation: deduction for earthquake insurance premiums (see H.R.
3756) [1FE]
------treatment of crop insurance and disaster payments and the
luxury automobile excise tax (see H.R. 4634) [23JN]
------treatment of crop insurance proceeds and disaster payments
(see H.R. 5109) [27SE]
Reports filed
Consideration of H.R. 4906, Limit Consideration of Nonemergency
Matters in Emergency Legislation: Committee on Rules (House)
(H. Res. 513) (H. Rept. 103-690) [9AU]
Disaster Avoidance and Response Plans and Development of Relief
and Reinsurance Plans: Committee on Public Works and
Transportation (House) (H.R. 2873) (H. Rept. 103-848) [7OC]
Limit Consideration of Nonemergency Matters in Emergency
Legislation: Committee on Rules (House) (H.R. 4906) (H. Rept.
103-687) [9AU]
National Flood Insurance Program Revision: Committee on Banking,
Finance and Urban Affairs (House) (H.R. 3191) (H. Rept. 103-
414) [26JA]
DISEASES
related term(s) Health
Appointments
Conferees: H.R. 2659, bone marrow and organ transplant programs
[13AP]
Bills and resolutions
Black Lung Benefits Act: improve (see H.R. 4415) [12MY]
Children and youth: disclosure of HIV status of newborn infants to
the legal guardians (see H.R. 4507) [26MY]
Health: access to long-term care services (see H.R. 4632) [22JN]
------encourage community establishment of multidisciplinary team
approaches to treat children who suffer from sickle cell
disease (see H. Res. 538) [21SE]
------inclusion of breast and cervical cancer screenings and
gynecological services in a national health care plan (see H.
Con. Res. 217) [8MR]
------vaccination injury compensation requirements (see H.R. 4970)
[16AU]
Medicare: coverage of betaseron treatment for multiple sclerosis
(see H.R. 4610, 4654) [21JN] [27JN]
Multiple Sclerosis Association of America Month: designate (see
H.J. Res. 381) [21JN]
National Breast Cancer Awareness Month: designate (see H.J. Res.
311) [1FE]
National Parkinson's Disease Awareness Week: designate (see H.J.
Res. 359) [20AP]
NIH: establish a center for rare disease research (see H.R. 5173)
[4OC]
Pediatric and Adolescent AIDS Awareness Week: designate (see H.J.
Res. 334) [10MR]
Public Health Service: improve health of minorities (see H.R.
3896) [24FE]
Radioactive substances: compensation eligibility requirements
relative to exposure resulting in stomach cancer (see H.R.
4107) [22MR]
Veterans: add bronchioloalveolar carcinoma to the list of service-
connected diseases (see H.R. 4156) [24MR]
Reports filed
Black Lung Benefits Act Improvements: Committee on Education and
Labor (House) (H.R. 2108) (H. Rept. 103-507) [12MY]
Compensation for Persian Gulf Conflict Veterans and Increased
Research Relative to Illnesses Attributed to Service During
Conflict: Committee on Veterans' Affairs (House) (H.R. 4386)
(H. Rept. 103-669) [4AU]
Consideration of H.R. 2108, Black Lung Benefits Act Improvement:
Committee on Rules (House) (H. Res. 428) (H. Rept. 103-508)
[17MY]
FEGLI Living Benefits Act: Committee on Post Office and Civil
Service (House) (H.R. 512) (H. Rept. 103-608) [18JY]
Government Regulations on Orphan Drugs: Committee on Energy and
Commerce (House) (H.R. 4865) (H. Rept. 103-746) [26SE]
DISTRICT OF COLUMBIA
Appointments
Conferees: H.R. 4649, District of Columbia appropriations [28JY]
Bills and resolutions
Appropriations: making (H.R. 4649), consideration (see H. Res.
466) [28JN]
Correctional institutions: transfer control of Lorton Correctional
Complex to the Bureau of Prisons (see H.R. 4293) [21AP]
Dept. of the Treasury: authority to requisition funds (see H.R.
4529) [26MY]
Howard University: revise and extend endowment program (see H.R.
3740) [26JA]
Local government: authority to issue revenue bonds for
construction of convention center and sports arena (see H.R.
4888) [2AU]
------performance accountability (see H.R. 4440) [17MY]
Monuments and memorials: approve the location of a Thomas Paine
memorial (see H.J. Res. 420) [30SE]
------authorizing the Davy Crockett Memorial Foundation (see H.R.
4339) [4MY]
National Capital Planning Commission: confirm and enforce
limitations on the height of buildings and roof structures
(see H.R. 4243) [18AP]
Pennsylvania Avenue Development Corp.: authorizing appropriations
and development of plan for orderly dissolution (see H.R.
5096) [23SE]
Real property: authorize lease of property (see H.R. 4599) [17JN]
Messages
District of Columbia Budget Request: President Clinton [4MY]
Motions
Appropriations: making (H.R. 4649) [13JY] [28JY]
------making (H.R. 4649), conference report [8AU]
Reports by conference committees
District of Columbia Appropriations (H.R. 4649) [4AU]
Reports filed
Consideration of H.R. 4649, District of Columbia Appropriations:
Committee on Rules (House) (H. Res. 466) (H. Rept. 103-564)
[28JN]
Determination of the Amount of Federal Payments to the District of
Columbia: Committee on the District of Columbia (House) (H.R.
2902) (H. Rept. 103-754) [27SE]
District of Columbia Appropriations: committee of conference (H.R.
4649) (H. Rept. 103-671) [4AU]
------Committee on Appropriations (House) (H.R. 4649) (H. Rept.
103-558) [24JN]
Pennsylvania Avenue Development Corp. Appropriations and
Development of Plan for Orderly Dissolution: Committee on
Natural Resources (House) (H.R. 5096) (H. Rept. 103-794) [3OC]
DIVORCE
see Families and Domestic Relations
DIXON, JULIAN C. (a Representative from California)
Appointments
Committee for the Funeral of William H. Natcher [15SE]
[[Page 2735]]
Conferee: H.R. 3759, making supplemental appropriations [10FE]
------H.R. 4299, intelligence services appropriations [13SE]
------H.R. 4453, military construction appropriations [26JY]
------H.R. 4649, District of Columbia appropriations [28JY]
------H.R. 4650, Dept. of Defense appropriations [13SE]
Bills and resolutions introduced by
District of Columbia: making appropriations (see H.R. 4649) [24JN]
National Earthquake Awareness Week: designate (see H.J. Res. 325)
[11FE]
Small business: authorize appropriations for loans to concerns
detrimentally affected by defense reductions (see H.R. 4026)
[11MR]
Motions offered by
District of Columbia: making appropriations (H.R. 4649) [13JY]
------making appropriations (H.R. 4649), conference report [8AU]
Reports by conference committees
District of Columbia Appropriations (H.R. 4649) [4AU]
Reports filed
District of Columbia Appropriations: committee of conference (H.R.
4649) (H. Rept. 103-671) [4AU]
------Committee on Appropriations (House) (H.R. 4649) (H. Rept.
103-558) [24JN]
DOCTORS
see Health Care Professionals
DOMESTIC POLICY
related term(s) Economy
Appointments
Conferees: H.R. 1804, Goals 2000--Educate America Act [23FE]
[11MR]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY] [23MY] [22JN] [19AU]
------S. 2000, Head Start, LIHEAP, Community Development Block
Grant Program, and Coordinated Services for Children, Youth,
and Families reauthorization [28AP]
Bills and resolutions
Crime: national policy to control crime and reform court
procedures (H.R. 3355), consideration of conference report
(see H. Res. 517, 522, 526) [10AU] [16AU] [21AU]
------national policy to control crime and reform court procedures
(H.R. 4092), consideration (see H. Res. 401) [12AP]
Defense industries: transition of industries, communities, and
workers affected by reduced defense spending (see H.R. 4240)
[18AP]
Dept. of Defense: limitations on development and costs for the
Seawolf submarine program (see H.R. 4100) [21MR]
Economy: impact of Federal legislation and regulations on business
and local government (see H.R. 4006) [10MR]
Education: improve quality of school libraries, media centers, and
facilities (see H.R. 4316) [28AP]
------national policy to improve system (H.R. 1804), corrections
in enrollment (see H. Con. Res. 230) [23MR]
Endangered species: economic impact analyses relative to certain
protective actions (see H.R. 3997) [10MR]
Executive Office of the President: consolidate administration of
defense conversion activities (see H.R. 4638) [23JN]
Federal aid programs: reauthorization of Head Start, LIHEAP,
Community Development Block Grant Program, and Coordinated
Services for Children, Youth, and Families (S. 2000),
consideration of conference report (see H. Res. 421) [11MY]
Health: access to long-term care services (see H.R. 4632) [22JN]
------choice of medical treatment methods (see H.R. 4696) [30JN]
------demonstration projects to provide outreach services relative
to Federal, State, and local health programs benefits (see
H.R. 4929) [10AU]
------ensure equal coverage of children under family class
enrollment plans in health care reform (see H.R. 4829) [26JY]
------ensure preservation of group health insurance packages and
prevent discriminatory practices in health care reform
legislation (see H. Con. Res. 256) [16JN]
------evaluation of impact of national policy to provide health
care and reform insurance procedures (see H.R. 4463) [19MY]
------inclusion of mental health and substance abuse benefits in
health care reform (see H.R. 4376) [10MY]
------national policy to provide health care and reform insurance
procedures (see H.R. 4816, 4856, 5119, 5300) [22JY] [28JY]
[28SE] [29NO]
------national policy to provide health care and reform insurance
procedures (H.R. 3600), consideration of substitute amendment
(see H. Res. 508) [4AU]
------quality safeguards for consumers of health care insurance,
products and services (see H.R. 4960) [12AU]
------referendum on national health care reform (see H. Con. Res.
310) [6OC]
Insurance: promote health insurance portability and coverage of
existing health conditions (see H.R. 5302) [29NO]
Members of Congress: ensure equal coverage and benefits as private
citizens under national health care system (see H. Res. 434)
[23MY]
Small business: authorize appropriations for loans to concerns
detrimentally affected by defense reductions (see H.R. 4026)
[11MR]
Taxation: incentives for employers to hire displaced workers
relative to closure, realignment, or downsizing of military
installations (see H.R. 4639) [23JN]
Messages
Economic Report of the President: President Clinton [23FE]
Export Control Regulations: President Clinton [19AU]
Motions
Crime: national policy to control crime and reform court
procedures (H.R. 3355) [21AP]
------national policy to control crime and reform court procedures
(H.R. 3355), conference report [15JN] [16JN] [21JN] [22JN]
[23JN] [28JN] [29JN] [12JY] [19JY] [20JY] [21JY] [25JY] [26JY]
------national policy to control crime and reform court procedures
(H.R. 4092) [14AP] [19AP] [21AP]
Education: national policy to improve system (H.R. 1804) [23FE]
------national policy to improve system (H.R. 1804), conference
report [23MR]
Federal aid programs: reauthorization of Head Start, LIHEAP,
Community Development Block Grant Program, and Coordinated
Services for Children, Youth, and Families (S. 2000) [28AP]
Reports by conference committees
Goals 2000--Educate America Act (H.R. 1804) [21MR]
Head Start, LIHEAP, Community Development Block Grant Program, and
Coordinated Services for Children, Youth, and Families
Reauthorization (S. 2000) [9MY]
Violent Crime Control and Law Enforcement Act (H.R. 3355) [10AU]
[21AU]
Reports filed
Consideration of Conference Report on H.R. 3355, Violent Crime
Control and Law Enforcement Act: Committee on Rules (House)
(H. Res. 517) (H. Rept. 103-697) [10AU]
------Committee on Rules (House) (H. Res. 522) (H. Rept. 103-707)
[16AU]
------Committee on Rules (House) (H. Res. 526) (H. Rept. 103-713)
[21AU]
Consideration of Conference Report on S. 2000, Reauthorization of
Certain Federal Aid Programs: Committee on Rules (House) (H.
Res. 421) (H. Rept. 103-502) [11MY]
Consideration of H.R. 4092, National Policy To Control Crime and
Reform Court Procedures: Committee on Rules (House) (H. Res.
395) (H. Rept. 103-449) [22MR]
------Committee on Rules (House) (H. Res. 401) (H. Rept. 103-474)
[12AP]
Cooperation of Dept. of Energy Laboratories With Private Sector To
Enhance Economic and Technological Competitiveness: Committee
on Energy and Commerce (House) (S. 473) (H. Rept. 103-611)
[19JY]
Goals 2000--Educate America Act: committee of conference (H.R.
1804) (H. Rept. 103-446) [21MR]
Head Start, LIHEAP, Community Development Block Grant Program, and
Coordinated Services for Children, Youth, and Families
Reauthorization: committee of conference (S. 2000) (H. Rept.
103-497) [9MY]
Head Start Program and Community Development Block Grant Program
Reauthorization: Committee on Education and Labor (House)
(H.R. 4250) (H. Rept. 103-483) [26AP]
Health Security Act: Committee on Armed Services (House) (H.R.
3600) (H. Rept. 103-601) [28JY]
------Committee on Education and Labor (House) (H.R. 3600) (H.
Rept. 103-601) [22JY]
------Committee on Government Operations (House) (H.R. 3600) (H.
Rept. 103-601) [12AU]
------Committee on Natural Resources (House) (H.R. 3600) (H. Rept.
103-601) [6OC]
------Committee on Post Office and Civil Service (House) (H.R.
3600) (H. Rept. 103-601) [7OC]
------Committee on Veterans' Affairs (House) (H.R. 3600) (H. Rept.
103-601) [2AU]
------Committee on Ways and Means (House) (H.R. 3600) (H. Rept.
103-601) [14JY]
National Policy To Provide Health Care and Reform Insurance
Procedures: Committee on Education and Labor (House) (H.R.
3960) (H. Rept. 103-618) [22JY]
Violent Crime Control and Law Enforcement Act: committee of
conference (H.R. 3355) (H. Rept. 103-694) [10AU]
------committee of conference (H.R. 3355) (H. Rept. 103-711)
[21AU]
Waiving Points of Order Against Conference Report on H.R. 1804,
Goals 2000--Educate America Act: Committee on Rules (House)
(H. Res. 393) (H. Rept. 103-447) [21MR]
DOOLEY, CALVIN M. (a Representative from California)
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
DOOLITTLE, JOHN T. (a Representative from California)
Appointments
Conferee: S. 21, California Desert Protection Act [4OC]
Bills and resolutions introduced by
Committees of the House: commence hearings into President and
Hillary Rodham Clinton's involvement in Whitewater Estates
development and Madison Guaranty (see H. Res. 437) [24MY]
Crime: national policy to control crime and reform court
procedures (see H.R. 4197) [13AP]
Dept. of Justice: interpretation of child protection statutes (see
H. Res. 481) [14JY]
Endangered species: economic impact analyses relative to certain
protective actions (see H.R. 3997) [10MR]
Haiti: presence of U.S. Armed Forces (see H. Res. 546) [23SE]
National Community Residential Care Month: designate (see H.J.
Res. 330, 331) [3MR] [8MR]
Social Security: State and local taxation of benefits (see H.R.
3788) [3FE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
California: designate certain desert lands as wilderness (S. 21)
[4OC]
------establish Death Valley and Joshua Tree National Parks and
Mojave National Monument (S. 21) [4OC]
DORNAN, ROBERT K. (a Representative from California)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Conferee: H.R. 4299, intelligence services appropriations [13SE]
[[Page 2736]]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Civil liberties: outline constitutional protections of unborn
persons (see H.J. Res. 394) [28JY]
Crime: antiracketeering laws (see H.R. 4824) [25JY]
Espionage: capital punishment for identifying an individual acting
as an agent of the U.S. resulting in the death of the agent
(see H.R. 4060) [16MR]
Federal employees: privacy rights (see H. Con. Res. 227) [18MR]
Religion: protect free exercise (see H. Res. 519) [12AU]
Vietnam: U.S. policy to encourage liberty (see H.R. 4343) [4MY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
DREIER, DAVID (a Representative from California)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Mexico-U.S. Interparliamentary Group [17MR]
Bills and resolutions introduced by
Budget: exclude changes in tariffs from the paygo scoreboard and
from certain points of order (see H.R. 4975) [17AU]
California: indeterminate sentencing system for violent crimes
(see H. Res. 391) [17MR]
GATT: application of fast-track procedures for implementation (see
H.R. 5163) [4OC]
------funding for negotiations (see H. Con. Res. 284) [17AU]
Taxation: capital gains (see H.R. 5259) [7OC]
------penalty-free withdrawals from certain retirement plans for
repair or replacement of disaster-damaged property (see H.R.
4027) [11MR]
------treatment of long-term care access for the elderly (see H.R.
5162) [4OC]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
DRUG ABUSE
see Drugs
DRUGS
Appointments
Conferees: H.R. 3355, Violent Crime Control and Law Enforcement
Act [17MY] [23MY] [22JN] [19AU]
Bills and resolutions
Chemical Dependency Nurses Week: designate (see H.J. Res. 314)
[1FE]
Courts: provide support and assistance to drug courts (see H.R.
3980) [8MR]
Crime: mandatory life imprisonment for third conviction of
individuals for certain felonies (see H.R. 3752) [26JA]
------national policy to control crime and reform court procedures
(H.R. 3355), consideration of conference report (see H. Res.
517, 522, 526) [10AU] [16AU] [21AU]
------national policy to control crime and reform court procedures
(H.R. 4092), consideration (see H. Res. 401) [12AP]
Mental health: provide extension of certain provisions for block
grants for mental health and substance abuse treatment (see
H.R. 5094) [23SE]
National Red Ribbon Week for a Drug-Free America: designate (see
H.J. Res. 409) [13SE]
Office of National Drug Control Policy: maintain staffing and
funding levels (see H.R. 5087) [23SE]
Pakistan: U.S. policy on suspected involvement with terrorism,
drug trafficking, and nuclear weapons (see H. Res. 541) [22SE]
Public housing: exclude drug or alcohol abusers from occupancy of
units designated for senior citizens (see H.R. 3943) [2MR]
Research: prohibit relative to legalization (see H.R. 3991) [9MR]
Motions
Crime: national policy to control crime and reform court
procedures (H.R. 3355) [21AP]
------national policy to control crime and reform court procedures
(H.R. 3355), conference report [15JN] [16JN] [21JN] [22JN]
[23JN] [28JN] [29JN] [12JY] [19JY] [20JY] [21JY] [25JY] [26JY]
------national policy to control crime and reform court procedures
(H.R. 4092) [14AP] [19AP] [21AP]
Reports by conference committees
Violent Crime Control and Law Enforcement Act (H.R. 3355) [10AU]
[21AU]
Reports filed
Consideration of Conference Report on H.R. 3355, Violent Crime
Control and Law Enforcement Act: Committee on Rules (House)
(H. Res. 517) (H. Rept. 103-697) [10AU]
------Committee on Rules (House) (H. Res. 522) (H. Rept. 103-707)
[16AU]
------Committee on Rules (House) (H. Res. 526) (H. Rept. 103-713)
[21AU]
Consideration of H.R. 4092, National Policy To Control Crime and
Reform Court Procedures: Committee on Rules (House) (H. Res.
395) (H. Rept. 103-449) [22MR]
------Committee on Rules (House) (H. Res. 401) (H. Rept. 103-474)
[12AP]
Government Regulations on Orphan Drugs: Committee on Energy and
Commerce (House) (H.R. 4865) (H. Rept. 103-746) [26SE]
International Narcotics Control Corrections Act: Committee on
Foreign Affairs (House) (H.R. 5030) (H. Rept. 103-724) [19SE]
Postal Inspection Service and Inspector General Act: Committee on
Post Office and Civil Service (House) (H.R. 4400) (H. Rept.
103-561) [27JN]
Use of Peyote by Native Americans for Religious Purposes:
Committee on Natural Resources (House) (H.R. 4230) (H. Rept.
103-675) [5AU]
Violent Crime Control and Law Enforcement Act: committee of
conference (H.R. 3355) (H. Rept. 103-694) [10AU]
------committee of conference (H.R. 3355) (H. Rept. 103-711)
[21AU]
DUNCAN, JOHN J., JR. (a Representative from Tennessee)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Conferee: S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Claims: awards limitation on false claims actions (see H.R. 3849)
[10FE]
Courts: death penalty sentencing for kidnappings which result in
the death of a minor (see H.R. 3936) [2MR]
Golden Gate National Recreation Area: management of the Presidio
military facility (see H.R. 4078) [17MR]
Government: listing of telephone numbers on stationary of Federal
agencies (see H.R. 4352) [5MY]
Monuments and memorials: authorizing the Davy Crockett Memorial
Foundation (see H.R. 4339) [4MY]
Small business: restrictions on financial assistance to media-
related industries (see H.R. 3881) [23FE]
Motions offered by
Education: national policy to improve system (H.R. 1804) [23FE]
------national policy to improve system (H.R. 1804), conference
report [23MR]
DUNN, JENNIFER B. (a Representative from Washington)
Bills and resolutions introduced by
Crime: possession of stolen firearms or ammunition (see H.R. 4973)
[17AU]
------protection from sexual predators (H.R. 3990), consideration
(see H. Res. 524) [17AU]
States: establish registration, tracking, and community
notification procedures relative to released convicted sex
offenders (see H.R. 4902) [4AU]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
Crime: national policy to control crime and reform court
procedures (H.R. 3355), conference report [12JY]
DURBIN, RICHARD J. (a Representative from Illinois)
Appointments
Conferee: H.R. 3759, making supplemental appropriations [10FE]
------H.R. 4554, agriculture, rural development, FDA, and related
agencies programs appropriations [13SE]
------H.R. 4556, Dept. of Transportation and related agencies
appropriations [20SE]
------H.R. 4649, District of Columbia appropriations [28JY]
Bills and resolutions introduced by
Agriculture, rural development, FDA, and related agencies
programs: making appropriations (see H.R. 4554) [9JN]
Central Midwest Interstate Low-Level Radioactive Waste Compact:
congressional consent to amendments (see H.R. 4814) [22JY]
Firearms: prohibit possession or discharge in public housing areas
(see H.R. 4237) [18AP]
Motions offered by
Agriculture, rural development, FDA, and related agencies
programs: making appropriations (H.R. 4554), conference report
[23SE]
Reports by conference committees
Agriculture, Rural Development, FDA, and Related Agencies
Appropriations (H.R. 4554) [20SE]
Reports filed
Agriculture, Rural Development, FDA, and Related Agencies
Appropriations: Committee on Appropriations (House) (H.R.
4554) (H. Rept. 103-542) [9JN]
------committee of conference (H. Rept. 103-734) [20SE]
EAGLE MAR (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 4681) [29JN]
EAGLETON, THOMAS F. (a former Senator from Missouri)
Reports filed
Thomas F. Eagleton U.S. Courthouse, St. Louis, MO: Committee on
Public Works and Transportation (House) (H.R. 4790) (H. Rept.
103-637) [1AU]
EARTHQUAKES
related term(s) Disasters
Bills and resolutions
Taxation: deduction for earthquake insurance premiums (see H.R.
3756) [1FE]
EAST GERMANY
see Germany, Federal Republic of
EASTERN EUROPEAN COUNTRIES
Messages
National Emergency With Respect to Yugoslavia: President Clinton
[25MY] [21JN]
ECOLOGY AND ENVIRONMENT
related term(s) Clean Air Act; Hazardous Substances; Water
Appointments
National Urban Air Toxics Research Center [22JY]
Bills and resolutions
Agriculture: development of programs to encourage source-separated
composting at homes, schools, and businesses (see H.R. 5267)
[7OC]
------extend conservation reserve program and wetlands reserve
program (see H.R. 3894) [24FE]
Air pollution: repeal certain Clean Air Act stratospheric ozone
protection provisions (see H.R. 5216) [6OC]
Alaska: regulate fishing in certain waters (see H.R. 4943) [11AU]
California: health and productivity of National Forest System
lands and the use of ecosystem management practices (see H.R.
4068) [17MR]
Clean Air Act: application of certain requirements (see H.R. 4952)
[12AU]
------area redesignation and motor vehicle inspection and
maintenance programs (see H.R. 5304) [29NO]
------selective inspection and maintenance programs as part of
State implementation plans (see H. Con. Res. 309) [6OC]
------State implementation plans (see H.R. 4951, 4953) [12AU]
Coeur d'Alene Basin Management Conference: convene (see H.R. 4962)
[12AU]
Coeur d'Alene Basin Restoration Corp.: establish (see H.R. 4961)
[12AU]
Dept. of Commerce: negotiated rulemaking dispute resolution
relative to groundfish fishery management (see H.R. 4932)
[10AU]
Dept. of Defense: promote public participation in defense
environmental restoration (see H.R. 4334) [3MY]
[[Page 2737]]
Flower Garden Banks National Marine Sanctuary: modify boundaries
(see H.R. 3886) [23FE]
Forest Service: distribution of timber sales receipts relative to
forests affected by protection of the California spotted owl
(see H.R. 3928) [1MR]
------distribution of timber sales receipts to counties in Texas
(see H.R. 5235) [6OC]
Forests: forest health improvement programs on Federal lands
through the use of land stewardship contracts (see H.R. 5007)
[20AU]
Hazardous substances: reduce the levels of lead in the environment
(see H.R. 4882) [1AU]
------reduce the levels of lead in the environment (S. 729),
return to Senate (see H. Res. 486) [21JY]
------regulation of the burning of waste in cement kilns (see H.R.
4984) [18AU]
Lakes: eliminate the maximum daily diversion restriction relative
to pumping of water from Lake Powell (see H.R. 5025) [12SE]
National Arbor Day: designate (see H.J. Res. 322) [10FE]
Nevada Test Site, NV: environmental restoration study (see H.R.
4359) [5MY]
Pipelines: mandatory one-call system to protect underground
facilities from damage by any excavation (see H.R. 5248) [7OC]
Radioactive substances: clarify Federal obligation to take title
and possession of high-level radioactive waste and establish
an interim spent nuclear fuel storage facility (see H.R. 5057)
[19SE]
Refuse disposal: application of certain requirements to out-of-
State solid waste generated and disposed of within the same
bi-State metropolitan statistical area (see H.R. 5288) [7OC]
------State control of municipal solid waste transportation and
disposal (see H.R. 4683, 5250) [29JN] [7OC]
------State control of municipal solid waste transportation and
disposal (H.R. 4683), consideration (see H. Res. 552) [27SE]
Sewage disposal: management plans relative to alternatives to
ocean dumping (see H.R. 4447) [18MY]
Water: restore aquatic ecosystems (see H.R. 4481) [24MY]
------U.S.-Mexico wastewater treatment works funding (see H.R.
4401) [12MY]
Water pollution: establish a national estuary pollution prevention
demonstration program (see H.R. 4226) [14AP]
Messages
Arctic Research Policy Biennial Report: President Clinton [2MR]
NAFTA Implementation: President Clinton [6OC]
Reports filed
Central Midwest Interstate Low-Level Radioactive Waste Compact:
Committee on Natural Resources (House) (H.R. 4814) (H. Rept.
103-816) [3OC]
Conservation and Management of Wetlands Appropriations: Committee
on Merchant Marine and Fisheries (House) (H.R. 4308) (H. Rept.
103-717) [12SE]
Consideration of Conference Report on H.R. 4556, Dept. of
Transportation and Related Agencies Appropriations: Committee
on Rules (House) (H. Res. 553) (H. Rept. 103-758) [27SE]
Consideration of H.R. 4683, State Control of Municipal Solid Waste
Transportation and Disposal: Committee on Rules (House) (H.
Res. 552) (H. Rept. 103-757) [27SE]
Eliminate the Maximum Daily Diversion Restriction Relative to
Pumping of Water From Lake Powell, AZ: Committee on Natural
Resources (House) (H.R. 5025) (H. Rept. 103-802) [3OC]
Fish, Wildlife, and Natural Resources Management on Military
Installations: Committee on Merchant Marine and Fisheries
(House) (H.R. 3300) (H. Rept. 103-718) [12SE]
Flower Garden Banks National Marine Sanctuary Boundary
Modification: Committee on Merchant Marine and Fisheries
(House) (H.R. 3886) (H. Rept. 103-441) [21MR]
Indian Lands Open Dump Cleanup Act: Committee on Natural Resources
(House) (S. 720) (H. Rept. 103-783) [3OC]
Monitor Effect of Foreign Trade Actions on the Environment:
Committee on Merchant Marine and Fisheries (House) (H.R. 4734)
(H. Rept. 103-760) [28SE]
Mount Pleasant National Scenic Area Designation: Committee on
Agriculture (House) (H.R. 2942) (H. Rept. 103-686) [8AU]
Ocean Radioactive Dumping Ban Act: Committee on Merchant Marine
and Fisheries (House) (H.R. 3982) (H. Rept. 103-522) [23MY]
Plant Variety Protection Act Amendments Relative to the
International Convention for the Protection of New Varieties
of Plants: Committee on Agriculture (House) (H.R. 2927) (H.
Rept. 103-699) [12AU]
Promote the Export of Environmental Technologies, Goods and
Services: Committee on Foreign Affairs (House) (H.R. 3813) (H.
Rept. 103-478) [18AP]
Research and Development of Environmental Technology: Committee on
Science, Space, and Technology (House) (H.R. 3870) (H. Rept.
103-536) [8JN]
Rio Puerco Watershed Act: Committee on Natural Resources (House)
(S. 1919) (H. Rept. 103-820) [3OC]
Risk Assessment Improvement Act: Committee on Science, Space, and
Technology (House) (H.R. 4306) (H. Rept. 103-857) [7OC]
State Control of Municipal Solid Waste Transportation and
Disposal: Committee on Energy and Commerce (House) (H.R. 4683)
(H. Rept. 103-738) [22SE]
Streamline and Improve Cleanup Standards of CERCLA: Committee on
Energy and Commerce (House) (H.R. 3800) (H. Rept. 103-582)
[12JY]
------Committee on Public Works and Transportation (House) (H.R.
3800) (H. Rept. 103-582) [8AU]
------Committee on Ways and Means (House) (H.R. 3800) (H. Rept.
103-582) [26AU]
Vegetable Ink Printing Act: Committee on Government Operations
(House) (S. 716) (H. Rept. 103-625) [28JY]
ECONOMY
related term(s) Credit; Domestic policy; Homeless; Income; Poverty
Bills and resolutions
Agriculture: authorize the use of commodities to promote market
development (see H.R. 5234) [6OC]
Community development: block grant program (see H.R. 4084) [17MR]
Defense Base Closure and Realignment Commission: extend deadline
for the submission of nominations (see H.R. 5292) [29NO]
Defense industries: transition of industries, communities, and
workers affected by reduced defense spending (see H.R. 4240)
[18AP]
Economy: impact of Federal legislation and regulations on business
and local government (see H.R. 4006) [10MR]
Employment: provide employment and training assistance for
individuals working at or residing near a facility or plant
scheduled for significant layoffs (see H.R. 3826) [9FE]
Endangered species: economic impact analyses relative to certain
protective actions (see H.R. 3997) [10MR]
Executive Office of the President: consolidate administration of
defense conversion activities (see H.R. 4638) [23JN]
Government: reduce power and reach of Federal Government (see H.R.
4585) [16JN]
Housing: grants for economic development activities relative to
certain loan guarantees (see H.R. 3793) [3FE]
Public works: establish demonstration program to assist distressed
communities in developing a competitive economic base (see
H.R. 5113) [27SE]
Public Works and Economic Development Act: reauthorizing
appropriations (H.R. 2442), consideration (see H. Res. 420)
[5MY]
Taxation: incentives for employers to hire displaced workers
relative to closure, realignment, or downsizing of military
installations (see H.R. 4639) [23JN]
------provide incentives for job creation and business
opportunities (see H.R. 4201) [13AP]
Unemployment: extend emergency compensation (see H.R. 4437) [17MY]
Messages
Economic Report of the President: President Clinton [23FE]
Federal Prevailing Rate Advisory Committee: President Clinton
[14JN]
International Emergency Economic Powers Act: President Clinton
[1AU]
Reemployment Act: President Clinton [16MR]
State of Small Business: President Clinton [1FE]
Reports filed
Consideration of H.R. 2442, Public Works and Economic Development
Act Reauthorization: Committee on Rules (House) (H. Res. 420)
(H. Rept. 103-495) [5MY]
Convey Certain Hopewell Township, PA, Lands to the Beaver County
Corp. for Economic Development: Committee on Public Works and
Transportation (House) (H.R. 4704) (H. Rept. 103-768) [30SE]
Cooperation of Dept. of Energy Laboratories With Private Sector To
Enhance Economic and Technological Competitiveness: Committee
on Energy and Commerce (House) (S. 473) (H. Rept. 103-611)
[19JY]
Economic Report of the President (H. Rept. 103-496) [9MY]
Northern Great Plains Rural Development Commission: Committee on
Agriculture (House) (S. 2099) (H. Rept. 103-700) [12AU]
Public Works and Economic Development Act Appropriations:
Committee on Public Works and Transportation (House) (H.R.
2442) (H. Rept. 103-423) [10FE]
Public Works and Economic Development Act Reauthorization:
Committee on Banking, Finance and Urban Affairs (House) (H.R.
2442) (H. Rept. 103-423) [26AP]
EDUCATION
related term(s) Colleges and Universities; Schools
Appointments
Conferees: H.R. 6, education programs appropriations [20SE] [21SE]
------H.R. 1804, Goals 2000--Educate America Act [23FE] [11MR]
------H.R. 2884, School-to-Work Opportunities Act [16MR]
------S. 1284, Developmental Disabilities Assistance and Bill of
Rights Act [16MR]
------S. 2000, Head Start, LIHEAP, Community Development Block
Grant Program, and Coordinated Services for Children, Youth,
and Families reauthorization [28AP]
National Education Goals Panel [13JN]
Bills and resolutions
Appropriations: authorizing for certain programs (H.R. 6),
consideration of conference report (see H. Res. 556) [29SE]
Colleges and universities: eliminate segregationist language from
certain laws relative to funding of State universities (see
H.R. 5310) [29NO]
------qualifications for certain education programs (see H.R.
4341) [4MY]
------substitute educational quality evaluations for cohort
default rates in eligibility determinations for Federal
student assistance programs (see H.R. 4384) [11MY]
Correctional institutions: require Federal prisoners to obtain a
general equivalency degree to receive credit toward service of
sentence (see H.R. 4199) [13AP]
Crime: assistance to local educational agencies and community-
based organizations relative to hate crimes (see H.R. 4234)
[14AP]
Dept. of Education: reduce increase in grants to State and local
education agencies (see H.R. 3725) [25JA]
Dept. of Energy: establish Albert Einstein Distinguished Educator
Fellowship Program (see H.R. 4759) [14JY]
Employment: minimize adverse effects of dislocation (see H.R.
4072) [17MR]
------provide incentives for job apprenticeship programs and study
the consolidation of Federal dislocated worker programs (see
H.R. 3736) [26JA]
Federal aid programs: job opportunity and training programs
relative to independence from welfare system (see H.R. 3742)
[26JA]
[[Page 2738]]
------reauthorization of Head Start, LIHEAP, Community Development
Block Grant Program, and Coordinated Services for Children,
Youth, and Families (S. 2000), consideration of conference
report (see H. Res. 421) [11MY]
Federal Coordinating Council on Community Safety and Empowerment:
establish (see H.R. 4185) [13AP]
Federal employees: reemployment of individuals involuntarily
separated from teaching positions in foreign countries (see
H.R. 3975) [8MR]
Government: entitlements (see H. Con. Res. 301) [30SE]
------entitlements (H. Con. Res. 301), consideration (see H. Res.
563) [4OC]
Health: development and operation of women's health regional
centers to conduct research, training and education (see H.R.
5083) [22SE]
Health care professionals: enrollment of civilians in the
physicians assistant training program at the Academy of Health
Sciences at Fort Sam Houston, TX (see H.R. 3868) [11FE]
Higher Education Accumulation Program: establish to allow tax
deductible donations (see H.R. 3897) [24FE]
Howard University: revise and extend endowment program (see H.R.
3740) [26JA]
Income: application of minimum wage and overtime compensation laws
to educational enterprise employees (see H.R. 4547) [8JN]
Individuals With Disabilities Education Act: treatment of disabled
children charged with firearms possession (see H.R. 4395)
[11MY]
Martin University: participation in certain education programs
(see H.R. 4342) [4MY]
Medicare: open enrollment period for individuals formerly covered
under group health plans of local educational agencies (see
H.R. 5153) [30SE]
National objectives: improve quality of school libraries, media
centers, and facilities (see H.R. 4316) [28AP]
------improvement of system (H.R. 1804), corrections in enrollment
(see H. Con. Res. 230) [23MR]
------improvement of system (H.R. 1804), waiving points of order
against conference report (see H. Res. 393) [21MR]
Schools: periods of silence in classrooms (see H. Con. Res. 208)
[23FE]
Taxation: treatment of national service educational awards (see
H.R. 4106) [22MR]
Veterans: clarify disabled classification for employment and
training purposes (see H.R. 4572) [13JN]
------educational assistance for alternative teacher certification
programs (see H.R. 4761) [14JY]
Messages
Reemployment Act: President Clinton [16MR]
Motions
Appropriations: authorizing for certain programs (H.R. 6) [20SE]
------authorizing for certain programs (H.R. 6), conference report
[30SE]
Federal aid programs: reauthorization of Head Start, LIHEAP,
Community Development Block Grant Program, and Coordinated
Services for Children, Youth, and Families (S. 2000) [28AP]
National objectives: improvement of system (H.R. 1804) [23FE]
------improvement of system (H.R. 1804), conference report [23MR]
Reports by conference committees
Developmental Disabilities Assistance and Bill of Rights Act
Program Expansion (S. 1284) [21MR]
Education Programs Appropriations (H.R. 6) [28SE]
Goals 2000--Educate America Act (H.R. 1804) [21MR]
Head Start, LIHEAP, Community Development Block Grant Program, and
Coordinated Services for Children, Youth, and Families
Reauthorization (S. 2000) [9MY]
School-to-Work Opportunities Act (H.R. 2884) [19AP]
Reports filed
Consideration of Conference Report on H.R. 6, Education Programs
Appropriations: Committee on Rules (House) (H. Res. 556) (H.
Rept. 103-767) [29SE]
Consideration of Conference Report on S. 2000, Reauthorization of
Certain Federal Aid Programs: Committee on Rules (House) (H.
Res. 421) (H. Rept. 103-502) [11MY]
Consideration of H. Con. Res. 301, Public Welfare Programs
Entitlements: Committee on Rules (House) (H. Res. 563) (H.
Rept. 103-828) [4OC]
Consideration of H.R. 6, Education Programs Appropriations:
Committee on Rules (House) (H. Res. 366) (H. Rept. 103-426)
[23FE]
Dept. of Defense Overseas Teacher Pay and Personnel Practices:
Committee on Post Office and Civil Service (House) (H.R. 3499)
(H. Rept. 103-598) [13JY]
Developmental Disabilities Assistance and Bill of Rights Act:
committee of conference (S. 1284) (H. Rept. 103-442) [21MR]
Education Programs Appropriations: committee of conference (H.R.
6) (H. Rept. 103-761) [28SE]
------Committee on Education and Labor (House) (H.R. 6) (H. Rept.
103-425) [22FE]
Extension of Certain Nutrition and School Lunch Programs:
Committee on Agriculture (House) (H.R. 8) (H. Rept. 103-535)
[24JN]
------Committee on Education and Labor (House) (H.R. 8) (H. Rept.
103-535) [8JN]
Head Start, LIHEAP, Community Development Block Grant Program, and
Coordinated Services for Children, Youth, and Families
Reauthorization: committee of conference (S. 2000) (H. Rept.
103-497) [9MY]
Head Start Program and Community Development Block Grant Program
Reauthorization: Committee on Education and Labor (House)
(H.R. 4250) (H. Rept. 103-483) [26AP]
National Academy of Science, Space, and Technology Establishment
at State Universities: Committee on Public Works and
Transportation (House) (H.R. 1638) (H. Rept. 103-512) [19MY]
School-to-Work Opportunities Act: committee of conference (H.R.
2884) (H. Rept. 103-480) [19AP]
Veterans' Education and Training Act: Committee on Veterans'
Affairs (House) (H.R. 4768) (H. Rept. 103-631) [28JY]
Waiving Points of Order Against Conference Report on H.R. 1804,
Goals 2000--Educate America Act: Committee on Rules (House)
(H. Res. 393) (H. Rept. 103-447) [21MR]
EDWARDS, CHET (a Representative from Texas)
Appointments
Conferee: S. 1587, Federal Acquisition Streamlining Act [4AU]
Bills and resolutions introduced by
Endangered species: moratorium on endangered species determination
and critical habitat designation until reauthorization of the
Endangered Species Act (see H.R. 5144) [30SE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
EDWARDS, DON (a Representative from California)
Appointments
Conferee: H.R. 3474, Community Development, Credit Enhancement,
and Regulatory Improvement Act [21AP]
------H.R. 4299, intelligence services appropriations [13SE]
------S. 636, Freedom of Access to Clinic Entrances Act [17MR]
Bills and resolutions introduced by
Commission on Civil Rights: activities (see H.R. 4999) [19AU]
Courts: constitutional procedures for the imposition of capital
punishment (see H.R. 4035) [15MR]
------prevent racially discriminatory capital sentencing (see H.R.
4017) [11MR]
------revise habeas corpus proceedings (see H.R. 4018) [11MR]
Law enforcement: wiretap capability relative to digital
transmissions and other emerging telecommunication
technologies (see H.R. 4922) [9AU]
Reports by conference committees
Freedom of Access to Clinic Entrances Act (S. 636) [2MY]
EHLERS, VERNON J. (a Representative from Michigan)
Bills and resolutions introduced by
Bankruptcy: debts relative to death or injury caused by debtor's
operation of watercraft or aircraft while intoxicated (see
H.R. 4471) [23MY]
Taxation: requirements on the percentage of completion accounting
method for the manufacture of property (see H.R. 4340) [4MY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
ELDERLY
see Senior Citizens
ELECTIONS
Bills and resolutions
Election day: change to first Monday in November and make election
day a legal public holiday (see H.R. 4485) [24MY]
Members of Congress: establish a national advisory referendum on
limiting of terms (see H.R. 3835) [9FE]
------establish a national advisory referendum on limiting of
terms (H.R. 3835), consideration (see H. Res. 408) [19AP]
States: prohibit intentional creation of legislative districts
based on the race, color, national origin, or language of
voters within such districts (see H.R. 4637) [23JN]
Messages
South African Interim Government: President Clinton [8JN]
ELECTRIC POWER
related term(s) Power Resources
Bills and resolutions
FERC: extension of deadline for construction of hydroelectric
project in Ohio (see H.R. 5031) [13SE]
------hydroelectric license extension (see H.R. 4911) [5AU]
ELECTRONICS
Bills and resolutions
Information services: establish voluntary standards for data
encryption (see H.R. 5199) [6OC]
Telecommunications: prevent harassment through computers or other
two-way telecommunication devices (see H.R. 5015) [21AU]
ELEMENTARY AND SECONDARY EDUCATION ACT
Appointments
Conferees: H.R. 6, education programs appropriations [20SE] [21SE]
Bills and resolutions
Appropriations: authorizing for certain programs (H.R. 6),
consideration of conference report (see H. Res. 556) [29SE]
Motions
Appropriations: authorizing for certain programs (H.R. 6) [20SE]
------authorizing for certain programs (H.R. 6), conference report
[30SE]
Reports filed
Education Programs Appropriations: Committee on Education and
Labor (House) (H.R. 6) (H. Rept. 103-425) [22FE]
ELEMENTARY SCHOOLS
see Schools
EMERGENCY MEDICAL PERSONNEL
see Health Care Professionals
EMERSON, BILL (a Representative from Missouri)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Bills and resolutions introduced by
Food stamps: use of benefits to purchase nutritional supplements
(see H.R. 5219) [6OC]
Ozark National Scenic Riverways: protection of wild horses within
boundaries (see H.R. 5260) [7OC]
Parks and recreation areas: rescind fees at lakes and reservoirs
under Corps of Engineers jurisdiction (see H.R. 4403) [12MY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
EMIGRATION
Messages
Compliance of Emigration Laws and Policies With Respect to
Bulgaria: President Clinton [26JA]
EMPLOYEE RETIREMENT INCOME SECURITY ACT
Bills and resolutions
Income: auditing of employee benefit plans (see H.R. 5226) [6OC]
[[Page 2739]]
Taxation: fiduciary duties relative to external benefits, social
investing, and economically targeted investments (see H.R.
5135) [29SE]
Reports filed
Retirement Protection Act: Committee on Education and Labor
(House) (H.R. 3396) (H. Rept. 103-632) [26AU]
------Committee on Ways and Means (House) (H. 3396) (H. Rept. 103-
632) [29JY]
EMPLOYMENT
related term(s) Unemployment
Appointments
Conferees: H.R. 2884, School-to-Work Opportunities Act [16MR]
------H.R. 3345, Federal Workforce Restructuring Act [11MR]
------H.R. 4277, establish Social Security Administration as an
independent agency [21JN]
------H.R. 4278, Social Security Domestic Employment Reform Act
[21JN]
------S. 2000, Head Start, LIHEAP, Community Development Block
Grant Program, and Coordinated Services for Children, Youth,
and Families reauthorization [28AP]
Bills and resolutions
Business and industry: promote performance-based reward plans and
employee decisionmaking participation programs (see H.R. 5204)
[6OC]
------provide incentives for job apprenticeship programs and study
the consolidation of Federal dislocated worker programs (see
H.R. 3736) [26JA]
Congress: application of certain employment, health, and safety
laws and rights (see H.R. 4444) [18MY]
Crime: availability of information to employers relative to child-
related sex offenses (see H. Con. Res. 203) [8FE]
Defense industries: transition of industries, communities, and
workers affected by reduced defense spending (see H.R. 4240)
[18AP]
Dislocation: minimize adverse effects (see H.R. 4072) [17MR]
Education: application of minimum wage and overtime compensation
laws to educational enterprise employees (see H.R. 4547) [8JN]
EEOC: guidelines relative to religious harassment in employment
(see H. Con. Res. 265) [12JY]
ERISA: auditing of employee benefit plans (see H.R. 5226) [6OC]
------fiduciary duties relative to external benefits, social
investing, and economically targeted investments (see H.R.
5135) [29SE]
Fair Labor Standards Act: coverage of vision impaired or blind
individuals (see H.R. 3966) [7MR]
Federal aid programs: job opportunity and training programs
relative to independence from welfare system (see H.R. 3742)
[26JA]
------reauthorization of Head Start, LIHEAP, Community Development
Block Grant Program, and Coordinated Services for Children,
Youth, and Families (S. 2000), consideration of conference
report (see H. Res. 421) [11MY]
Federal employees: employee training restrictions, and temporary
voluntary separation incentive (H.R. 3345), consideration (see
H. Res. 357) [9FE]
------prohibit contract employees from duties once performed by
employees that accepted voluntary separation incentive
payments (see H.R. 4488) [25MY]
Guam: grant authority for giving preference in awarding contracts
to companies employing U.S. citizens, nationals or permanent
resident aliens (see H.R. 5074) [22SE]
Job training: provide employment and training assistance for
individuals working at or residing near a facility or plant
scheduled for significant layoffs (see H.R. 3826) [9FE]
Motor vehicles: provide Federal assistance for compliance with
inspection and maintenance requirements and employee trip
reduction requirements under the Clean Air Act (see H.R. 5205)
[6OC]
OMB: determine and report number of employees working under
contract for executive branch agencies (see H.R. 4487) [25MY]
Public welfare programs: require any reform legislation with
employment requirements for AFDC recipients be conditional on
State unemployment rate (see H. Con. Res. 226) [17MR]
Railroads: recommend dismantlement of Railroad Retirement System
(see H. Res. 582) [7OC]
RTC: exemption from overtime provisions for contractor or
subcontractor employees (see H.R. 5151) [30SE]
Social Security: allow States to replace JOBS program with a
program to assist AFDC recipients (see H.R. 4793) [19JY]
------determination of disability benefits relative to drug
trafficking enterprises and ability to engage in gainful
activities (see H.R. 3929) [1MR]
Taxation: allow employers tax credit for employee training
expenses (see H.R. 4878) [1AU]
------compliance with certain pension requirements (see H.R. 4534)
[26MY]
------credit for employers who hire AFDC recipients (see H.R.
4512) [26MY]
------dependent care tax credit adjustments (see H.R. 4470) [20MY]
------incentives for employers to hire displaced workers relative
to closure, realignment, or downsizing of military
installations (see H.R. 4639) [23JN]
------provide exclusion from gross income for amounts contributed
by employers to medical incentives accounts (see H.R. 5106)
[26SE]
------treatment of earned income tax credit (see H.R. 5193) [5OC]
------treatment of individual training accounts (see H.R. 5089)
[23SE]
Unemployment: extend emergency compensation (see H.R. 4437) [17MY]
Veterans: clarify disabled classification for employment and
training purposes (see H.R. 4572) [13JN]
Messages
Federal Labor Relations Authority: President Clinton [3OC]
NAFTA Implementation: President Clinton [6OC]
Reemployment Act: President Clinton [16MR]
Work and Responsibility Act: President Clinton [21JN]
Motions
Federal aid programs: reauthorization of Head Start, LIHEAP,
Community Development Block Grant Program, and Coordinated
Services for Children, Youth, and Families (S. 2000) [28AP]
Federal employees: employee training restrictions, and temporary
voluntary separation incentive (H.R. 3345) [11MR]
------employee training restrictions, and temporary voluntary
separation incentive (H.R. 3345), conference report [23MR]
Social Security Administration: establish as independent agency
(H.R. 4277) [21JN]
Reports by conference committees
Federal Workforce Restructuring Act (H.R. 3345) [16MR]
Head Start, LIHEAP, Community Development Block Grant Program, and
Coordinated Services for Children, Youth, and Families
Reauthorization (S. 2000) [9MY]
School-to-Work Opportunities Act (H.R. 2884) [19AP]
Social Security Administration Establishment as Independent Agency
(H.R. 4277) [4AU]
Social Security Domestic Employment Reform Act (H.R. 4278) [6OC]
Reports filed
Administrative Review of Federal Employees Discrimination Claims:
Committee on Post Office and Civil Service (House) (H.R. 2721)
[19AU]
Consideration of Conference Report on S. 2000, Reauthorization of
Certain Federal Aid Programs: Committee on Rules (House) (H.
Res. 421) (H. Rept. 103-502) [11MY]
Consideration of H.R. 3345, Employee Training Restriction
Elimination and Temporary Voluntary Separation Incentive:
Committee on Rules (House) (H. Res. 357) (H. Rept. 103-422)
[9FE]
Coverage of Federal Labor Laws on Foreign Documented Vessels:
Committee on Education and Labor (House) (H.R. 1517) (H. Rept.
103-818) [3OC]
Employment Discrimination Claims Review: Committee on Education
and Labor (House) (H.R. 2721) (H. Rept. 103-599) [13JY]
Establish Social Security Administration as Independent Agency:
Committee on Ways and Means (House) (H.R. 4277) (H. Rept. 103-
506) [12MY]
Federal Construction Procurement and Prevailing Wage Protection
for Construction Workers: Committee on Education and Labor
(House) (H.R. 1231) (H. Rept. 103-856) [7OC]
Federal Workforce Restructuring Act: committee of conference (H.R.
3345) (H. Rept. 103-435) [16MR]
Head Start, LIHEAP, Community Development Block Grant Program, and
Coordinated Services for Children, Youth, and Families
Reauthorization: committee of conference (S. 2000) (H. Rept.
103-497) [9MY]
Head Start Program and Community Development Block Grant Program
Reauthorization: Committee on Education and Labor (House)
(H.R. 4250) (H. Rept. 103-483) [26AP]
OSHA Reform: Committee on Education and Labor (House) (H.R. 1280)
(H. Rept. 103-825) [3OC]
Reemployment of Postal Service Retirees in Temporary Positions
Relative to Annuity Offsets: Committee on Post Office and
Civil Service (House) (H.R. 3246) (H. Rept. 103-594) [12JY]
Retirement Protection Act: Committee on Education and Labor
(House) (H.R. 3396) (H. Rept. 103-632) [26AU]
------Committee on Ways and Means (House) (H. 3396) (H. Rept. 103-
632) [29JY]
School-to-Work Opportunities Act: committee of conference (H.R.
2884) (H. Rept. 103-480) [19AP]
Social Security Administration Establishment as Independent
Agency: committee of conference (H.R. 4277) (H. Rept. 103-670)
[4AU]
Social Security Domestic Employment Reform Act: committee of
conference (H.R. 4278) (H. Rept. 103-842) [6OC]
------Committee on Ways and Means (House) (H.R. 4278) (H. Rept.
103-491) [4MY]
Veterans' Employment Act: Committee on Veterans' Affairs (House)
(H.R. 4776) (H. Rept. 103-630) [28JY]
Waiving Points of Order Against Conference Report of H.R. 3345,
Federal Workforce Restructuring Act: Committee on Rules
(House) (H. Res. 388) (H. Rept. 103-436) [16MR]
ENDANGERED SPECIES
Bills and resolutions
Forest Service: distribution of timber sales receipts relative to
forests affected by protection of the California spotted owl
(see H.R. 3928) [1MR]
Marine Mammal Protection Act: extend certain provisions (see H.R.
4123) [23MR]
Protection: conservation of threatened and endangered species (see
H.R. 3978) [8MR]
Reports filed
Atlantic Striped Bass Conservation Act Amendments: Committee on
Merchant Marine and Fisheries (House) (H.R. 4504) (H. Rept.
103-584) [12JY]
Conservation of Rhinoceros and Tigers: Committee on Merchant
Marine and Fisheries (House) (H.R. 4924) (H. Rept. 103-748)
[26SE]
Monitor Effect of Foreign Trade Actions on the Environment:
Committee on Merchant Marine and Fisheries (House) (H.R. 4734)
(H. Rept. 103-760) [28SE]
ENDEAVOUR (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 3922) [28FE]
ENERGY
see Power Resources
ENGEL, ELIOT L. (a Representative from New York)
Appointments
Conferee: H.R. 6, education programs appropriations [20SE]
------H.R. 1804, Goals 2000--Educate America Act [23FE] [11MR]
Interparliamentary Union [17MR]
Bills and resolutions introduced by
Thurgood Marshall U.S Courthouse, White Plains, NY: designate (see
H.R. 4910) [5AU]
Yugoslavia: lifting of sanctions on Serbia and Montenegro relative
to improvements in Kosovo (see H.R. 4115) [23MR]
[[Page 2740]]
ENGINEERING
related term(s) Mathematics
Messages
National Science Board--Science and Engineering Indicators:
President Clinton [9FE]
ENGLAND
see United Kingdom of Great Britain and Northern Ireland
ENGLISH, KARAN (a Representative from Arizona)
Appointments
Conferee: H.R. 6, education programs appropriations [20SE]
------H.R. 1804, Goals 2000--Educate America Act [23FE] [11MR]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
Bills and resolutions introduced by
Dept. of Education: acceptance of applications submitted by the
educational agency serving the Window Rock Unified School
District (see H.R. 5220) [6OC]
Federal employees: establish business accounts for Government air
travel to maximize cost savings (see H.R. 4565) [10JN]
House of Representatives: official travel requirements (see H.
Res. 451) [10JN]
National forests: establish temporary recreational user fees at
the Roosevelt Lake Recreation Area in the Tonto National
Forest, AZ (see H.R. 5035) [13SE]
Public Health Service: toll-free information on health services
availability in rural areas (see H.R. 4282) [21AP]
San Carlos Apache Tribe Water Rights Settlement Act: extend
deadline for completing certain actions (see H.R. 4870) [1AU]
Tobacco products: eliminate price supports and marketing quotas,
disallow tax deduction for advertising expenses, and establish
trust fund for antidrug and antitobacco activities (see H.R.
4698) [30JN]
Walnut Canyon National Monument: boundaries (see H.R. 4697) [30JN]
ENTITLEMENT CONTROL ACT
Bills and resolutions
Enact (see H.R. 4593) [16JN]
ENVIRONMENTAL PROTECTION AGENCY
Bills and resolutions
Clean Air Act: application of certain requirements (see H.R. 4952)
[12AU]
------State implementation plans (see H.R. 4951, 4953) [12AU]
Reports filed
Risk Assessment Improvement Act: Committee on Science, Space, and
Technology (House) (H.R. 4306) (H. Rept. 103-857) [7OC]
Streamline and Improve Cleanup Standards of CERCLA: Committee on
Energy and Commerce (House) (H.R. 3800) (H. Rept. 103-582)
[12JY]
------Committee on Public Works and Transportation (House) (H.R.
3800) (H. Rept. 103-582) [8AU]
------Committee on Ways and Means (House) (H.R. 3800) (H. Rept.
103-582) [26AU]
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Bills and resolutions
Religion: guidelines relative to religious harassment in
employment (see H. Con. Res. 265) [12JY]
ESCAMBIA COUNTY, FL
Bills and resolutions
Public lands: convey certain lands to a political subdivision of
Florida (see H.R. 3953) [3MR]
ETHICS IN GOVERNMENT ACT
Reports filed
Office of Government Ethics Appropriations: Committee on Post
Office and Civil Service (House) (H.R. 2289) (H. Rept. 103-
785) [3OC]
------Committee on the Judiciary (House) (H.R. 2289) (H. Rept.
103-785) [7OC]
ETHNIC GROUPS
related term(s) Minorities
Bills and resolutions
Irish-American Heritage Month: designate (see H.J. Res. 401)
[11AU]
National Hispanic Business Week: designate (see H.J. Res. 397)
[2AU]
Portuguese American Friendship Day: designate (see H.J. Res. 371)
[26MY]
Public Health Service: improve health of minorities (see H.R.
3896) [24FE]
EUROPE
Bills and resolutions
Dept. of Defense: allied burden sharing for maintenance and
operation of military personnel and installations in foreign
countries (see H.R. 5129) [29SE]
Immigration: status of the visa waiver program (see H.R. 4707)
[30JN]
NATO: assist transition of certain countries to NATO membership
(see H.R. 4210) [14AP]
Messages
European Atomic Energy Community: President Clinton [9MR]
EVANS, LANE (a Representative from Illinois)
Appointments
Conferee: S. 1587, Federal Acquisition Streamlining Act [4AU]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Arms control: moratorium on the sale, transfer, or export of anti-
personnel landmines (see H.R. 4699) [30JN]
Business and industry: establish guidelines for socially
responsible business practices for U.S. businesses operating
in foreign countries (see H.R. 5261) [7OC]
Mississippi River Corridor Study Commission: extend term (see H.R.
4974) [17AU]
Persian Gulf Conflict: compensation for veterans and increased
research relative to illnesses attributed to service during
conflict (see H.R. 4540) [8JN]
EVERETT, TERRY (a Representative from Alabama)
Bills and resolutions introduced by
Native Americans: community approval for certain gaming operations
(see H.R. 5262) [7OC]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
EVERS, MEDGAR W.
Bills and resolutions
Medgar Wiley Evers Post Office, Jackson, MS: designate (see H.R.
3863) [10FE]
EWING, THOMAS W. (a Representative from Illinois)
Bills and resolutions introduced by
Foreign trade: offset of lost revenues relative to lowering of
tariffs in trade agreements (see H.R. 4198) [13AP]
Frederick S. Green U.S. Courthouse, Urbana, IL: designate (see
H.R. 4938) [11AU]
Government regulations: judicial review of Federal agency
compliance with regulatory flexibility analysis requirements
(H.R. 830), consideration (see H. Res. 415) [3MY]
Water: conservation and development of resources, and river and
harbor improvement projects (see H.R. 4886) [2AU]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
EXECUTIVE COMMUNICATIONS
Transmittal
ACDA: arms control treaty reports (EC3770) [12SE] (EC3836, EC3842)
[16SE]
------Chemical Weapons Convention Implementation Act report
(EC2827) [23MR] (EC3363) [10JN]
------Federal Managers' Financial Integrity Act report (EC2401)
[25JA]
------Freedom of Information Act report (EC2462) [26JA]
------Joint Compliance and Inspection Commission implementing
agreements report (EC3349) [9JN]
Administrative Office of the U.S. Courts: report (EC2428) [25JA]
(EC3086) [2MY] (EC3387) [16JN] (EC3572) [25JY] (EC3791) [12SE]
Advisory Commission on Intergovernmental Relations: report
(EC2492) [1FE]
AID: allocations of foreign assistance (EC2280) [25JA]
------Anti-Deficiency Act violation (EC3659) [9AU]
------audit management and resolution report (EC3324) [8JN]
------development assistance programs allocations report (EC2263)
[25JA] (EC3337) [8JN] (EC3825) [13SE]
------economic conditions in Egypt that may affect their ability
to meet international debt obligations and stabilization of
their economy (EC2708) [7MR]
------economic conditions in Israel that may affect their ability
to meet international debt obligations and stabilization of
their economy (EC2709) [7MR]
------economic conditions in Turkey that may affect their ability
to meet international debt obligations and stabilization of
their economy (EC2856) [24MR]
------Freedom of Information Act (EC2833) [23MR]
------infrastructure needs assessment of newly independent states
(EC3497) [12JY]
------Inspector General (EC3324) [8JN]
------International Fund for Ireland (EC2284) [25JA]
------origin, contents, destination, and disposition of
humanitarian goods and supplies transported by the Dept. of
Defense (EC2845) [23MR]
------policy justification relative to transfer of funds from the
development account to the operating account (EC3856) [20SE]
------Presidential determination relative to U.S. housing guaranty
loans to South Africa (EC3769) [12SE] (EC3814) [13SE]
------prevention and control of HIV/AIDS in developing countries
(EC2295) [25JA]
American Battle Monuments Commission: Freedom of Information Act
(EC2912) [12AP]
------Inspector General (EC2563) [10FE] (EC4063) [1DE]
American Chemical Society: report (EC3164) [11MY]
American Ex-Prisoners of War: audit report (EC2429) [25JA]
(EC4098) [1DE]
American Legion: financial statements (EC3269) [8JN]
------proceedings of 75th National Convention (EC2463) [26JA]
Amtrak: Freedom of Information Act (EC2859) [24MR]
------Inspector General (EC2332) [25JA]
------report (EC2598) [23FE]
Appalachian Regional Commission: Federal Managers' Financial
Integrity Act (EC2333) [25JA]
------Inspector General (EC2334) [25JA] (EC3391) [17JN]
Architect of the Capitol: report of expenditures (EC2206) [25JA]
------solid waste management report (EC3826) [13SE]
Archivist of the U.S.: Federal Managers' Financial Integrity Act
(EC2370) [25JA]
Armed Forces Retirement Home: Federal Managers' Financial
Integrity Act (EC2335) [25JA]
------deductions from active-duty pay of enlisted personnel
(EC3198) [17MY]
Barry M. Goldwater Scholarship and Excellence in Education
Foundation: Inspector General (EC2641) [28FE]
Board for International Broadcasting: report (EC2491) [1FE]
Bonneville Power Administration: report (EC2540) [7FE]
Boy Scouts of America: report (EC2790) [17MR]
Bureau of Prisons: amendments to sentencing guidelines (EC3087)
[2MY]
CBO: Dept. of Defense's certification regarding expansion of the
CHAMPUS Reform Initiative beyond the States of California and
Hawaii (EC2558) [10FE]
------participation agreements between the Uniform Services
Treatment Facilities and the Dept. of Defense (EC3340) [9JN]
------sequestration report (EC3696) [16AU]
------technical assumptions to be used in estimates of National
Defense Function outlays (EC2214) [25JA]
------unauthorized and expiring appropriations (EC2458) [26JA]
CFTC: Freedom of Information Act (EC2746) [10MR]
------reauthorizing legislation (EC3117) [5MY]
CIA: authorization legislation (EC3010) [19AP]
------Freedom of Information Act (EC3022) [20AP]
Coast Guard: Monterey Bay National Marine Sanctuary (EC3025)
[20AP]
Commission for the Preservation of America's Heritage Abroad:
Inspector General (EC2605) [23FE]
[[Page 2741]]
------report (EC2339) [25JA]
Commission of Fine Arts: Federal Managers' Financial Integrity Act
(EC2399) [25JA]
Commission on Civil Rights: Fair Housing Amendments Act (EC4102)
[1DE]
------Federal Managers' Financial Integrity Act (EC2402) [25JA]
(EC2589) [22FE]
------Freedom of Information Act (EC2606) [23FE]
------Government in the Sunshine Act (EC2769) [15MR]
------Inspector General (EC2403) [25JA]
Commission on the Future of Worker-Management Relations: report
(EC3284) [8JN]
Competitiveness Policy Council: status of competitiveness and
recommendations for policy changes (EC3426) [24JN]
Copyright Office: Freedom of Information Act (EC2806) [21MR]
Corp. for National and Community Service: Federal Managers'
Financial Integrity Act (EC2344) [25JA]
------Freedom of Information Act (EC2801) [21MR]
------Inspector General (EC2343) [25JA]
Corp. for Public Broadcasting: Inspector General (EC2345) [25JA]
(EC3362) [10JN]
Council on Historic Preservation: report (EC2861) [24MR]
Court of Appeals for the District of Columbia: opinion (EC2404)
[25JA] (EC2432) [25JA] (EC2996, EC3006) [19AP] (EC3285) [8JN]
(EC3329) [8JN] (EC3358) [9JN]
Court of Claims: report (EC2433) [25JA]
CPSC: Federal Managers' Financial Integrity Act (EC2342) [25JA]
------Freedom of Information Act (EC2755) [11MR]
------Government in the Sunshine Act (EC2340) [25JA]
------Inspector General (EC2341) [25JA] (EC3303) [8JN] (EC4064)
[1DE]
Defense Nuclear Facilities Safety Board: Federal Managers'
Financial Integrity Act (EC2347) [25JA]
------Freedom of Information Act (EC2802) [21MR]
------Inspector General (EC4065) [1DE]
Delaware River Basin Commission: Federal Managers' Financial
Integrity Act (EC4066) [1DE]
Dept. of Agriculture: advisory and assistance services report
(EC3573) [25JY]
------animal welfare enforcement report (EC3467) [12JY]
------CCC report (EC3161) [11MY]
------Consolidated Farm and Rural Development Act amendments
(EC3857) [21SE]
------Egg Products Inspection Act amendments (EC3263) [8JN]
------Federal Crop Insurance Reform Act (EC2695) [3MR] (EC3176)
[12MY]
------Federal Insecticide, Fungicide, and Rodenticide Act
amendments (EC3078) [28AP]
------Federal Managers' Financial Integrity Act (EC2545) [7FE]
------food safety legislation (EC3829) [16SE]
------foreign investment in U.S. agricultural land (EC3088) [3MY]
------Forest Service employees reimbursement for the loss of, or
damage to, personal property (EC3011) [20AP]
------Freedom of Information Act (EC2676) [2MR]
------hazardous waste management (EC3015) [20AP]
------Inspector General (EC2313) [25JA] (EC3296) [8JN]
------legal actions taken by contracted attorneys relative to the
Farmers Home Administration (EC3551) [20JY]
------legislation relative to recovering costs of establishing
standards for agricultural products (EC3262) [8JN]
------legislation to designate a segment of the Rubicon River as a
part of the Wild and Scenic Rivers System (EC3045) [25AP]
------management report (EC3403) [21JN]
------meat and poultry slaughter and processing inspection fees
(EC3360) [10JN]
------Packers and Stockyards Act amendments (EC3276) [8JN]
(EC3409) [22JN]
------Pesticide Reform Act (EC3076) [28AP]
------proposed designation of the Little Bighorn River as a
component of the National Wild and Scenic Rivers System
(EC2951) [13AP]
------proposed designation of the Nolichucky River as a component
of the National Wild and Scenic Rivers System (EC2950) [13AP]
------recovery of costs of standardization activities (EC3264)
[8JN]
------report (EC2390) [25JA]
------watershed restoration contracts on National Forest System
lands (EC3005) [19AP]
------wildfire rehabilitation needs report (EC3467) [22JY]
------Youth Conservation Corps Program report (EC3439) [29JN]
Dept. of Commerce: amending authority of the commissioned corps of
the NOAA to clarify the authority of the Sec. of Commerce
(EC2838) [23MR]
------authority to share census lists with Federal, State, and
local officials (EC3331) [8JN]
------bluefin tuna report (EC3425) [24JN]
------designation of Olympic Coast National Marine Sanctuary
(EC3188) [16MY]
------domestic industries (EC2756) [11MR]
------Export Administration report (EC2285) [25JA] (EC2694) [2MR]
------Federal Managers' Financial Integrity Act (EC2391) [25JA]
------Inspector General (EC2314) [25JA] (EC3350) [9JN]
------legislation relative to change in date for the census
(EC3330) [8JN]
------legislation relative to international conservation and
management compliance (EC3505) [12JY]
------legislation relative to Magnuson Fishery Conservation and
Management Act (EC3205) [17MY]
------legislation relative to Patent and Trademark Office
reexamination proceedings (EC3565) [22JY]
------limit use of appropriated funds to influence certain Federal
contracting and financial transactions (EC2691) [2MR]
------Marine Navigation Trust Fund Act (EC3578) [27JY]
------National Implementation Plan for Modernization of the
National Weather Service report (EC2840) [23MR]
------National Institute of Standards and Technology's Visiting
Committee on Advanced Technology report (EC2574) [11FE]
------NOAA Marine Fisheries Program authorization (EC3026) [20AP]
------Preliminary Spectrum Reallocation Report (EC2599) [23FE]
------publication of patent applications (EC4100) [1DE]
------role of telecommunications in hate crimes (EC2256) [25JA]
Dept. of Defense: adequacy of the U.S. shipbuilding industry
(EC2932) [13AP]
------alternative assessment of the survivability of the C-17
aircraft (EC2877) [12AP]
------AN/SQQ-89 Major Defense Acquisition Program report (EC3136)
[9MY]
------Anti-Deficiency Act violation (EC2207, EC2208) [25JA]
(EC2702) [7MR] (EC2871, EC2872, EC2873) [12AP] (EC2995) [19AP]
(EC3049, EC3050, EC3051, EC3052) [26AP] (EC3118) [5MY]
(EC3173) [12MY] (EC3195, EC3196) [17MY] (EC3255, EC3256)
[25MY] (EC3280) [8JN] (EC3339) [9JN] (EC3380) [15JN] (EC3427)
[27JN] (EC3468) [12JY] (EC3584, EC3585) [29JY] (EC3660) [9AU]
(EC3751) [12SE] (EC3876, EC3877) [28SE] (EC3954) [1DE]
------appropriations legislation (EC3053) [26AP] (EC3069) [26AP]
------ASAS major defense acquisition program certification
(EC3137) [9MY]
------assistance to Russia relative to preventing the
proliferation of weapons of mass destruction (EC3186) [16MY]
------balanced budget amendment (EC2808) [21MR]
------C-17 major defense acquisition program certification
(EC3134) [9MY]
------career management systems for military officers (EC3753)
[12SE]
------cargo preference report (EC4122) [1DE]
------Chemical and Biological Defense Program report (EC2534)
[7FE] (EC3661) [9AU] (EC3752) [12SE]
------Civilian Separation Pay Program report (EC2993) [18AP]
------contracts awarded to companies in countries providing
shipbuilding subsidies (EC3254) [24MY]
------Cooperative Threat Reduction Act report (EC2623) [24FE]
(EC3939) [7OC]
------coordination of U.S. theater missile defense programs report
(EC3214) [19MY]
------Defense Authorization Act report (EC2759) [15MR]
------Defense Equal Opportunity Council Task Force on
Discrimination and Sexual Harassment report (EC3928) [7OC]
------differences between U.S. and foreign space launch vehicles
report (EC3957) [1DE]
------discovery of chemical motor projectile at Dugway Proving
Ground, UT (EC2725) [8MR]
------discovery of suspected chemical rocket projectile at
Aberdeen Proving Ground, MD (EC2724) [8MR]
------effects of the post-cold war officers strength reductions on
the officer personnel management system (EC2671) [2MR]
------emergency munitions disposal (EC2846) [24MR] (EC3454) [30JN]
------emergency supplemental appropriations (EC2533) [7FE]
------employment training of recently discharged veterans in
construction and hazardous waste remediation (EC4125) [1DE]
------environmental compliance report (EC3215) [20MY]
------environmental scholarships, fellowships, and grants report
(EC2449) [25JA]
------excess supply appropriations for military departments
(EC3864) [23SE]
------Extraordinary Contractual Actions to Facilitate the National
Defense (EC2799) [21MR]
------FCT Program (EC4126, EC4127) [1DE]
------finance and accounting activities consolidation (EC3167)
[11MY]
------Foreign Comparative Testing Program (EC2931) [13AP]
------Freedom of Information Act (EC2710) [7MR]
------fund accountability documents for research and development
(EC3179) [12MY]
------Future Years Defense Program (EC2778) [16MR]
------Government Reform and Savings Act (EC2451) [25JA]
------health information sharing from the Medicare and Medicaid
Coverage Data Bank (EC3384) [15JN]
------implementation of agreement between Dept. of Defense and
McDonald Douglas Corp. relative to C-17 issues (EC3120) [5MY]
------implementation of the health resources portion of the Health
Resources Sharing and Emergency Act (EC2842) [23MR]
------Inspector General (EC2348) [25JA] (EC3392) [17JN]
------intertheater airlift programs funding (EC3958) [1DE]
------Javelin major defense acquisition program certification
(EC3133) [9MY]
------Joint Military Net Assessment (EC3713) [17AU] (EC3824)
[13SE]
------legislation relative to authorized strengths for certain
active duty commissioned officers (EC3181) [16MY]
------legislation relative to limiting education programs to U.S.
citizens and nationals (EC3282) [8JN]
------legislation relative to servicemen's group life insurance
(EC3275) [8JN]
------legislation to establish the Laboratory Revitalization
Demonstration Program (EC3182) [16MY]
------list of incomplete authorized water resources studies for
which no funds have been appropriated (EC2530) [3FE]
[[Page 2742]]
------manpower requirements (EC3368) [14JN]
------Metric Transition Program report (EC3406) [21JN]
------Military Retirement System actuarial status (EC3501) [12JY]
------National Defense Authorization Act report (EC3146) [10MY]
(EC3274) [8JN]
------National Security Education Program report (EC2789) [16MR]
------Naval Air Station, Bermuda, termination of operation
(EC2731) [9MR]
------Non-Proliferation and Disarmament Fund activities (EC3733)
[23AU]
------obligation of funds for continuation of projects (EC4135)
[1DE]
------obligations for facilitating weapons destruction and
nonproliferation in countries of the former Soviet Union
(EC2723) [7MR] (EC2742) [9MR] (EC3848) [16SE]
------officer personnel assignment and promotion policies (EC3455)
[30JN]
------Performance of Dept. of Defense Commercial Activities
(EC2568) [11FE]
------Presidential determination (EC3079) [2MY]
------promotion of officers report (EC2595) [23FE]
------proposed legislation to authorize certain military
activities (EC3115) [4MY]
------report (EC2566) [10FE] (EC2866) [24MR] (EC3641) [4AU]
------requirement for peacetime draft registration report (EC2577)
[22FE]
------Reserve Forces Policy Board (EC2730) [9MR]
------resolution of commercial disputes in Saudi Arabia (EC3863)
[22SE]
------selected acquisition reports (EC2875) [12AP] (EC3662) [9AU]
(EC3955) [1DE]
------standardization of equipment with NATO members report
(EC3562) [22JY]
------strategic and critical materials report (EC3119) [5MY]
------summaries outlining test projects (EC3850) [19SE]
------Superfund financial transactions (EC4000) [1DE]
------system of internal accounting and financial controls
(EC2805) [21MR]
------test project summaries (EC2930) [13AP]
------Titan IV major defense acquisition program certification
(EC3135) [9MY]
------Tooele Army Depot, UT (EC2215) [25JA]
------transfer of authorized funds (EC4124) [1DE]
------update Manual for Courts-Martial (EC2703) [7MR]
------weapons destruction and nonproliferation in the former
Soviet Union (EC3227) [20MY] (EC3357) [9JN] (EC4132) [1DE]
Dept. of Education: administration of grants and agreements with
institutions of higher education, hospitals, and nonprofit
organizations (EC3522) [14JY]
------Advisory Committee on Student Financial Assistance (EC3483)
[12JY]
------audit follow-up report (EC3305) [8JN]
------Centers for Independent Living Program provisions (EC3759)
[12SE]
------Chapter 1 Local Education Program regulations (EC3699)
[16AU]
------Chapter 1 Migrant Education Program regulations (EC3699)
[16AU]
------College Construction Loan Insurance Association report
(EC2579) [22FE]
------Comprehensive Child Development Program report (EC3156)
[11MY]
------condition of education (EC3381) [15JN]
------Cooperative Demonstration Program (EC2535) [7FE] (EC3420)
[24JN]
------Direct Grant Program regulations (EC3183) [16MY] (EC3370)
[14JN]
------disposition of surplus Federal property to educational
institutions (EC2317) [25JA]
------dropout rates in the U.S. (EC3833) [16SE]
------Early Educational Program for Children with Disabilities
final priorities (EC3979) [1DE]
------Educational Media Research, Production, Distribution and
Training Program regulations (EC3984) [1DE]
------Educational Opportunities Centers Program (EC2244) [25JA]
------eligibility for student assistance (EC2816) [23MR]
------empowerment zones or enterprise communities priorities
(EC3985) [1DE]
------Faculty Development Fellowship Program regulations (EC3481)
[12JY]
------Federal Family Education Loan Program regulations (EC2974)
[18AP] (EC3109) [4MY] (EC3128) [5MY] (EC3199) [17MY] (EC3438)
[29JN] (EC3523, EC3524) [14JY] (EC3981, EC3990, EC3991) [1DE]
------Federal Managers' Financial Integrity Act (EC2249) [25JA]
------Federal Pell Grant Program regulations (EC3128) [5MY]
(EC3989) [1DE]
------Federal student assistance programs (EC2975) [18AP]
------free appropriate public education for all handicapped
children report (EC3761) [12SE]
------Freedom of Information Act (EC3304) [8JN]
------Graduate Assistance in Areas of National Need (EC2243)
[25JA]
------Helen Keller National Center for Deaf-Blind Youths and
Adults report (EC3729) [20AU]
------independent living services for older individuals who are
blind regulations (EC3759) [12SE]
------Individuals with Disabilities Program technology,
educational media and materials final priorities (EC3979)
[1DE]
------Inspector General (EC2315, EC2316) [25JA] (EC3297) [8JN]
------institutional eligibility under the Higher Education Act
regulations (EC3094) [3MY] (EC3110) [4MY]
------Knowledge Dissemination and Utilization Program report
(EC2239) [25JA] (EC3371) [14JN] (EC3988) [1DE]
------loan origination criteria for the 1995-1996 academic year
(EC3096) [3MY]
------National Center for Education Statistics (EC3757) [12SE]
------National Early Intervention Scholarship and Partnership
Program regulations (EC3183) [16MY]
------Presidential Access Scholarship Program regulations (EC3989)
[1DE]
------Program for Children and Youth with Serious Emotional
Disturbance final priorities (EC3979) [1DE]
------recognition of accrediting agencies (EC3097) [3MY]
------rehabilitation programs (EC2240) [25JA] (EC2246) [25JA]
(EC2578) [22FE] (EC3390) [17JN] (EC3987) [1DE]
------Research in Education of Individuals with Disabilities
Program report (EC3986) [1DE]
------Ronald E. McNair Postbaccalaureate Achievement Program
regulations (EC3760) [12SE]
------Second Biennial Report to Congress on Vocational Educational
Data (EC3887) [30SE]
------Special Studies Program report (EC2483) [1FE]
------State Independent Living Services Program report (EC3652)
[8AU] (EC3759) [12SE]
------State Postsecondary Review Program report (EC3108) [4MY]
------State-Administered Workplace Literacy Program and National
Workplace Literacy Program reports (EC2245) [25JA]
------Strengthening Institutions Program report (EC3758) [12SE]
------student assistance provisions (EC3106, EC3107) [4MY]
(EC3128) [5MY] (EC3982, EC3983, EC3992) [1DE]
------Summary of Chapter 2 Annual Reports (1991-1992) (EC2250)
[25JA]
------Title III HEA Strengthening Institutions Program report
(EC3994) [1DE]
------training of interpreters for individuals who are deaf and
deaf-blind (EC3980) [1DE]
------verification of student aid application information
regulations (EC3095) [3MY]
------vocational education programs assessment report (EC3482)
[12JY]
Dept. of Energy: Adequacy of Management Plans for the Future
Generation of Spent Nuclear Fuel and High-Level Radioactive
Waste report (EC3365) [13JN] (EC3577) [27JY] (EC4130) [1DE]
------Advisory Committee on Demonstration and Commercial
Application of Renewable Energy and Energy Efficiency
Technologies report delay (EC3149) [10MY]
------Clean Coal Technology Program report (EC3226) [20MY]
(EC3398) [17JN] (EC3943) [7OC]
------coal combustion byproducts (EC3385) [16JN] (EC3911) [5OC]
------commercialization of advanced light water reaction
technology report (EC3834) [16SE]
------Comprehensive Ocean Thermal Technology Application and
Market Development Plan report (EC3249) [23MY]
------Comprehensive Program management plan report (EC2648) [28FE]
------cost-effective technologies for energy efficiency report
submission delay (EC3242) [23MY]
------Costs and Benefits of Industrial Reporting and Voluntary
Targets for Energy Efficiency (EC3542) [19JY]
------Defense Nuclear Facilities Safety Board recommendation
report (EC3216) [20MY]
------delay in completion of report concerning spent nuclear fuel
and high level radioactive waste (EC2867) [24MR]
------Demonstration and Commercial Application of Renewable Energy
and Energy Efficiency Technologies Program (EC2924) [12AP]
(EC2962) [13AP]
------Electric and Hybrid Vehicles Program report (EC2443) [25JA]
(EC2918) [12AP] (EC3548) [19JY]
------Emergency Information Administration report (EC3014) [20AP]
------emissions of greenhouse gases in the U.S. (EC4007) [1DE]
------energy efficiency standards (EC3068) [26AP]
------Energy Policy and Conservation Act amendments relative to
strategic petroleum reserve (EC3261) [25MY]
------environmental assessment of urgent-relief acceptance of
foreign research reactor spent nuclear fuel (EC3116) [4MY]
------environmental restoration expenditures (EC2450) [25JA]
------Exxon and stripper well oil overcharge funds (EC3030) [21AP]
(EC3637) [3AU] (EC4006) [1DE]
------Federal, State, and local traffic control measures and
policies and the use of alternative fueled vehicles exemptions
(EC2251) [25JA]
------Federal buildings relative to district heating and cooling
plants (EC3250) [23MY]
------Federal Managers' Financial Integrity Act (EC2386) [25JA]
------financing options for Federal energy and water conservation
report delay (EC3266) [8JN]
------Freedom of Information Act (EC2625) [24FE]
------industrial reporting and targets for energy efficiency
(EC3158) [11MY]
------Industry Advisory Board of the International Energy Agency
(EC2976) [18AP]
------Inspector General (EC3298) [8JN] (EC4084) [1DE]
------Insular Area Energy Vulnerability Study (EC3218) [20MY]
------International Energy Program (EC2580) [22FE] (EC3881) [28SE]
------inventory of Federal-owned uranium or uranium equivalents
(EC3873) [27SE]
------metals initiative report (EC3820) [13SE]
------mixed waste streams (EC2536) [7FE]
------notification of report date (EC2963) [13AP]
------performance profiles of major energy producers (EC2597)
[23FE]
------Powerplant and Industrial Fuel Use Act (EC2890) [12AP]
------profiles of foreign direct investment in the U.S. energy
industry (EC3485) [12JY]
------report on procedures for overseeing expenditure by States
and territories of stripper well and Exxon
[[Page 2743]]
funds and enforcement action status (EC2620) [24FE]
------report to Congress on procurement and identification of
energy efficient products (EC3583) [28JY]
------research and development on defense hazardous waste
reduction (EC3440) [29JN] (EC3470) [12JY]
------residential energy efficient rating guidelines (EC3184)
[16MY]
------strategic petroleum reserve (EC2252) [25JA] (EC2818) [23MR]
(EC3129) [5MY] (EC3386) [16JN]
------Study of the Implementation of the Unique Vulnerabilities of
the Insular Areas to an Oil Supply Disruption report (EC2843)
[23MR]
------Superfund Costs Claimed by the Dept. of Energy Under
Interagency Agreements with the EPA (EC3867) [27SE]
------transportation program plan (EC3942) [7OC]
------uncosted obligation balances report (EC2618) [24FE] (EC2889)
[12AP]
------university research and training and reactors status report
(EC3336) [8JN]
------viability assessment of the domestic uranium mining and
milling industry (EC2773) [15MR]
------Warren Station Externally Fired Combined Cycle Demonstration
Project (EC3389) [16JN]
Dept. of HHS: administrative and legislative actions to improve
services for individuals with Alzheimer's Disease (EC2257)
[25JA] (EC4001) [1DE]
------Age Discrimination Act implementation report (EC3283) [8JN]
------Agency for Toxic Substances and Disease Registry report
(EC3808) [13SE]
------Anti-Deficiency Act violation (EC3366) [14JN]
------Anti-Drug Abuse Act reauthorization (EC3148) [10MY]
------Breast and Cervical Cancer Mortality Prevention Act
implementation (EC3763) [12SE]
------Centers for Disease Control plan for preventing birth
defects (EC3865) [23SE]
------Child Abuse and Neglect Challenge Grant Program report
(EC2762) [15MR]
------Child Care and Development Block Grant Program report
(EC3995) [1DE]
------Child Support Enforcement Program report (EC2447) [25JA]
(EC4118) [1DE]
------Community Services Block Grant Program report (EC2793)
[18MR]
------disability claim process plan (EC3822) [13SE]
------disposition of surplus Federal property for public health
purposes (EC2319) [25JA]
------drug utilization review demonstration projects (EC2764)
[15MR]
------extension of certain medicare municipal health services
demonstration projects (EC2670) [1MR]
------Family Resource and Support Program (EC3029) [21AP]
------FDA user fee and feasibility study (EC4008) [1DE]
------Federal Insecticide, Fungicide, and Rodenticide Act
amendments (EC3078) [28AP]
------Federal Managers' Financial Integrity Act (EC2392) [25JA]
------Freedom of Information Act (EC2683) [2MR]
------geographic variation in hospital nonlabor input price and
expenditures (EC3383) [15JN]
------Head Start Act report (EC2569) [11FE] (EC2887) [12AP]
(EC3521) [14JY]
------Health Report (EC3563) [22JY]
------Home Demonstration Program health care services (EC3441)
[29JN]
------Immigration and Nationality Act appropriations for refugee
assistance (EC2750) [10MR]
------Inspector General (EC2318) [25JA] (EC3299) [8JN]
------Interagency Task Force on the Prevention of Lead Poisoning
(EC3526) [14JY]
------Job Opportunities and Basic Skills Training Program
performance standards (EC3893) [3OC]
------legislation relative to medicare and medicaid data
collection (EC3359) [9JN]
------legislation relative to Family Support Center Program
(EC3335) [8JN]
------legislation relative to St. Elizabeths Hospital (EC3437)
[29JN]
------LIHEAP report (EC2788) [16MR]
------management of consultant services contracts (EC2626) [24FE]
------Medicaid Drug Rebate Program report (EC2253) [25JA]
------medicare participation, assignment, and extra billing report
(EC3683) [11AU]
------medicare physician fee schedule and volume performance
standards report (EC3273) [8JN] (EC3882) [28SE]
------medicare prospective payment system report (EC3206) [17MY]
(EC3906) [3OC]
------National Institute of Environmental Health Sciences
Superfund financial report (EC3701) [16AU]
------national research plan for hearing and hearing impairment
and voice (EC2261) [25JA]
------NIH AIDS Research Loan Repayment Program report (EC2262)
[25JA]
------nursing facility staffing requirements (EC2763) [15MR]
------nutrition education for medical students (EC3219) [20MY]
------Pesticide Reform Act report (EC3076) [28AP]
------programs for runaway and homeless youth report (EC2761)
[15MR]
------Progress Through Partnerships--Office of Minority Health's
Report to Congress (EC2765) [15MR]
------Public Health Service Commissioned Corps retirement plan
(EC4067) [1DE]
------refugee resettlement report (EC4097) [1DE]
------reimbursement for blood clotting factor for hemophilia
patients under medicare (EC2548) [7FE]
------responding to needs of abandoned infants and young children
report (EC3765) [12SE]
------review of human drug applications user fees report (EC3345,
EC3346) [9JN]
------Social Security Administration report (EC3506) [12JY]
(EC3800) [12SE]
------study of payments for ambulance service under medicare
(EC2729) [8MR]
------study on the reimbursement rates to pharmacists (EC2965)
[13AP]
------substance abuse and mental health services amendments
legislation (EC3169) [11MY]
------Superfund financial activities audit report (EC3653) [8AU]
------Surgeon General's report on preventing tobacco use among
young people (EC2636) [28FE]
------Youth Gang Drug Prevention Program report (EC3807) [13SE]
Dept. of HUD: evaluation of private housing enforcement
initiatives report (EC3105) [4MY]
------fair housing objectives report (EC3400) [21JN] (EC3959)
[1DE]
------Federal Home Loan Bank System report (EC3070) [28AP]
------Federal Housing Administration report (EC3788) [12SE]
------Freedom of Information Act (EC3178) [12MY]
------Government National Mortgage Association report (EC2813)
[23MR] (EC2946) [13AP]
------Housing Choice and Community Investment Act report (EC3054)
[26AP]
------implementation of certain regulations (EC2973) [18AP]
------Inspector General (EC2320) [25JA]
------Manufactured Home Construction and Safety Standards Program
report (EC2969) [18AP]
------multifamily housing report (EC3574) [27JY]
------Native American financial services organization legislation
(EC3874) [27SE]
------Presidential Performance Agreement with HUD (EC3013) [20AP]
------program evaluation and monitoring activities report (EC2467)
[1FE]
------revised methods of providing Federal funds for public
housing agencies (EC3410) [22JN]
------worst case needs for housing assistance in the U.S. (EC3473)
[12JY]
Dept. of Justice: Attorney General activities (EC2915) [12AP]
------Bureau of Justice Assistance report (EC4099) [1DE]
------Equal Access to Justice Act report (EC3061) [26AP]
------Federal Managers' Financial Integrity Act report (EC2336)
[25JA]
------Federal Prison Industries, Inc., report (EC3060) [26AP]
(EC3220) [20MY]
------Foreign Intelligence Surveillance Act report (EC3252) [23MY]
------Freedom of Information Act (EC3554) [20JY]
------Inspector General (EC2337) [25JA] (EC3306) [8JN]
------law enforcement surveillance access to wire and electronic
communications (EC2916) [12AP]
------legislation relative to nonjudicial foreclosure of mortgages
to satisfy debts (EC3204) [17MY]
------legislation relative to the Bureau of Prisons community
service projects (EC3354) [9JN]
------legislation relative to the tribes of the Coulee Reservation
(EC3377) [14JN]
------Office of Crime report (EC3707) [16AU]
------Office of Juvenile Justice and Delinquency Prevention report
(EC2247) [25JA]
------private counsel debt collection project report (EC2952)
[13AP]
------revised system of records report (EC2570) [11FE]
------settlements for damages caused by the FBI report (EC3556)
[20JY]
------views on California Desert Protection Act (EC3376) [14JN]
------Young American Medals for Bravery and Service report
(EC3901) [3OC]
Dept. of Labor: Advisory Council for Employee Welfare and Pension
Benefit Plans report (EC3997) [1DE]
------ERISA report (EC2936) [13AP]
------expenditure and need for worker adjustment assistance
training funds under the Trade Act (EC2841) [23MR] (EC4119)
[1DE]
------Federal Managers' Financial Integrity Act (EC2393) [25JA]
------Inspector General (EC2322, EC2323) [25JA] (EC3301) [8JN]
(EC4085) [1DE]
------National Wage Record Database Design Project (EC2781) [16MR]
------off-campus work authorization for foreign students program
evaluation (EC3682) [11AU]
------Office of Workers' Compensation Programs report (EC3823)
[13SE]
------Pension Benefit Guaranty Corp. report (EC3393) [17JN]
------trade adjustment assistance benefits (EC3503) [12JY]
------training and employment programs report (EC3622) [2AU]
Dept. of State: agreements relative to American Institute in
Taiwan (EC3731) [20AU]
------allocations of foreign assistance report (EC2199) [25JA]
------Americans incarcerated abroad report (EC2621) [24FE]
------anti-terrorism training courses offered to Namibia (EC3071)
[28AP]
------application of War Powers Resolution relative to use of
forces in Somalia (EC2296) [25JA]
------appropriations to support Dominican Republic enforcement of
the U.N. trade embargo against Haiti (EC3724) [19AU]
------Arms Export Control Act relative to Poland (EC3055) [26AP]
------assistance for sanctions enforcement against Serbia and
Montenegro (EC2821) [23MR]
------capture of sea turtles in commercial shrimping operations
(EC3151) [10MY]
------chemical and biological weapons (EC3081) [2MY] (EC3776)
[12SE] (EC4024) [1DE]
------commercial military exports report (EC2584) [22FE]
------contributions to international organizations (EC2271) [25JA]
(EC2273) [25JA]
[[Page 2744]]
------Cooperative Threat Reduction Act report (EC2622) [24FE]
------defense articles for Greece (EC2276) [25JA]
------defense articles for South Korea (EC4021) [1DE]
------designation of a senior advisor on women's human rights
issues (EC4047) [1DE]
------determination and justification relative to the restoration
of democracy in Haiti (EC3851, EC3852) [19SE] (EC3949) [1DE]
------determination relative to support for the U.N. Voluntary
Fund for Victims of Torture (EC3888) [30SE]
------determination that it is in the national interest to grant
assistance to Kenya (EC2561) [10FE]
------drawdown of defense articles and services for Jamaica
(EC3624) [2AU]
------drawdown of defense articles and services for Rwanda
(EC3772) [12SE]
------drawdown of defense articles and services for the Dominican
Republic (EC3508) [13JY] (EC3597) [29JY]
------drawdown of defense articles relative to Serbia and
Montenegro (EC3491) [12JY] (EC3544) [19JY] (EC4025, EC4027)
[1DE]
------drawdown of Dept. of Defense commodities to support the
Palestinian Police Force (EC3002) [19AP]
------Emergency Refugee and Migration Assistance Fund (EC2274)
[25JA] (EC3212) [19MY]
------employment of U.S. citizens by certain international
organizations (EC3553) [20JY]
------Eximbank financial guarantees for the purchase of defense
articles and services by Brazil (EC3471) [12JY]
------export of major defense equipment and services to Israel
(EC2997) [19AP]
------export of major defense equipment and services to the United
Kingdom (EC2998) [19AP]
------FAA support for the establishment of the Palestinian police
force (EC2897) [12AP]
------Federal Equal Opportunity Program (EC2504) [1FE]
------Federal Managers' Financial Integrity Act (EC2349) [25JA]
------foreign assistance to Somalia (EC2277) [25JA]
------Foreign Service Pension System report (EC2711) [7MR]
(EC3582) [28JY]
------Freedom of Information Act (EC3443) [29JN]
------Freedom Support Act report (EC3722) [18AU]
------funding for a Palestinian police force in the West Bank and
Gaza Strip (EC3141) [9MY]
------funds to support Tanzanian participation in peacekeeping in
Liberia and conflict resolution in Rwanda (EC3690) [12AU]
------furnishing of defense articles and services to Albania,
Bulgaria, Estonia, Latvia, Lithuania, and Romania (EC2894)
[12AP]
------Guatemala Peace Fund support under the Foreign Assistance
Act (EC3841) [16SE]
------implementation of Nairobi forward-looking strategies for the
advancement of women (EC2521) [3FE] (EC3777) [12SE]
------implementation of Support for East European Democracy Act
(EC2488) [1FE]
------international agreements other than treaties (EC2288,
EC2289, EC2290, EC2291, EC2292) [25JA] (EC2514) [2FE] (EC2585)
[22FE] (EC2698) [3MR] (EC2766) [15MR] (EC2899, EC2900) [12AP]
(EC3041) [25AP] (EC3142) [9MY] (EC3267) [8JN] (EC3294) [8JN]
(EC3402) [21JN] (EC3493) [12JY] (EC3536) [18JY] (EC3627) [2AU]
(EC3691) [12AU] (EC3705) [16AU] (EC3773, EC3774) [12SE]
(EC3868) [27SE] (EC4036, EC4037, EC4038, EC4040) [1DE]
------International Military Education and Training Program report
(EC3496) [12JY] (EC3702) [16AU] (EC3951) [1DE]
------international narcotics control strategy report (EC2895)
[12AP]
------Israeli participation in the International Atomic Energy
Agency (EC3004) [19AP] (EC4039) [1DE]
------legislative implementation (EC4133) [1DE]
------license for export of defense articles to Brunei (EC3459)
[30JN]
------license for export of defense articles to Denmark (EC3401)
[21JN]
------license for export of defense articles to France (EC2823)
[23MR]
------license for export of defense articles to Germany (EC2826)
[23MR]
------license for export of defense articles to Israel (EC3072)
[28AP] (EC3490) [12JY]
------license for export of defense articles to Japan (EC2270)
[25JA] (EC3625) [2AU]
------license for export of defense articles to Kuwait (EC2824)
[23MR]
------license for export of defense articles to Mexico (EC3290)
[8JN] (EC3458) [30JN]
------license for export of defense articles to Saudi Arabia
(EC2822) [23MR]
------license for export of defense articles to Switzerland
(EC2825) [23MR]
------license for export of defense articles to the Republic of
China (EC2269) [25JA]
------license for export of defense articles to the United Kingdom
(EC4020, EC4026) [1DE]
------listing of gifts by U.S. Government to foreign individuals
(EC2294) [25JA]
------manufacturing license agreement with Finland (EC3715) [17AU]
(EC3854) [20SE]
------manufacturing license agreement with Italy (EC3679) [11AU]
------manufacturing license agreement with Japan (EC3487, EC3488,
EC3489) [12JY] (EC3716) [17AU] (EC3730) [20AU]
------manufacturing license agreement with the Republic of China
(EC3457) [30JN]
------manufacturing license agreement with the Republic of Korea
(EC3714) [17AU]
------military expenditures for countries receiving U.S.
assistance (EC3684) [12AU]
------Nonproliferation and Disarmament Fund activities (EC3510)
[13JY] (EC3632) [2AU] (EC3835) [16SE] (EC3921) [6OC]
------notice of rewards paid (EC3494) [12JY]
------nuclear nonproliferation policy in South Asia (EC3099) [3MY]
(EC4023) [1DE]
------outstanding investment disputes report (EC3639) [3AU]
(EC3897) [3OC]
------Panama Canal Treaty properties report (EC2927) [12AP]
(EC3712) [16AU]
------Peace, Prosperity, and Democracy Act report (EC2531) [3FE]
------PLO compliance report (EC2487) [1FE] (EC3292) [8JN]
------policy on multilateral peace operations report (EC3143)
[9MY]
------political contributions of Alfred H. Moses (EC3771) [12SE]
------political contributions of Brady Anderson (EC3147) [10MY]
------political contributions of Brian J. Donnelly (EC3374) [14JN]
------political contributions of Carl B. Stokes (EC3348) [9JN]
------political contributions of Carol Jones Carmody (EC3018)
[20AP]
------political contributions of Charles E. Redman (EC3838) [16SE]
------political contributions of Charles H. Twining (EC2726) [8MR]
------political contributions of Clay Constantinou (EC3374) [14JN]
------political contributions of Curtis W. Kamman (EC3529) [14JY]
------political contributions of David G. Newton (EC3596) [29JY]
------political contributions of David M. Ransom (EC2674) [2MR]
------political contributions of Derek Shearer (EC2638) [28FE]
------political contributions of Donald M. Blinken (EC2513) [2FE]
------political contributions of Dorothy Myers Sampas (EC3147)
[10MY]
------political contributions of Edward S. Walker, Jr. (EC2640)
[28FE]
------political contributions of Eileen A. Malloy (EC3529) [14JY]
------political contributions of Elizabeth Frawley Bagley (EC3374)
[14JN]
------political contributions of Frank G. Wisner (EC3201) [17MY]
------political contributions of Gabriel Guerra-Mondragon (EC3837)
[16SE]
------political contributions of George C. Bruno (EC3348) [9JN]
------political contributions of James W. Swihart (EC3581) [28JY]
------political contributions of Jeanette W. Hyde (EC2287) [25JA]
------political contributions of Jerome G. Cooper (EC3912) [5OC]
------political contributions of Joseph R. Paolino (EC3073) [28AP]
------political contributions of Josiah H. Beeman (EC2512) [2FE]
------political contributions of Kenneth S. Yalowitz (EC3704)
[16AU]
------political contributions of Marc Grossman (EC3839) [16SE]
------political contributions of March F. Eu (EC2511) [2FE]
------political contributions of Mary Ann Casey (EC3200) [17MY]
------political contributions of Michael Southwick (EC3413) [22JN]
------political contributions of Peter J. de Vos (EC3815) [13SE]
------political contributions of Raymond E. Mabus, Jr. (EC3247)
[23MY]
------political contributions of Richard D. Kauzlarich (EC2510)
[2FE]
------political contributions of Robert A. Pastor (EC3348) [9JN]
------political contributions of Robert E. Service (EC3717) [17AU]
------political contributions of Robert L. Gallucci (EC3680)
[11AU]
------political contributions of Ronald E. Neumann (EC3201) [17MY]
------political contributions of Ryan C. Crocker (EC2639) [28FE]
------political contributions of Wesley W. Egan, Jr. (EC2286)
[25JA]
------political contributions of William J. Crowe, Jr. (EC2855)
[24MR]
------Presidential determination on assistance to the peacekeeping
operations in Somalia (EC2293) [25JA] (EC2537) [7FE]
------Presidential determination on eligibility of Eritrea to be
furnished defense articles and services (EC2745) [10MR]
------Presidential determination regarding the drawdown of funds
to support sanctions enforcement efforts against Serbia-
Montenegro (EC2667) [1MR] (EC3703) [16AU] (EC3775) [12SE]
------Presidential determination relative to assistance from the
emergency refugee and migration assistance fund for
Palestinian refugees (EC3767) [12SE]
------Presidential determination relative to assistance to the
newly independent states of the former Soviet Union (EC2209)
[25JA] (EC3408) [21JN] (EC3925) [6OC]
------Presidential determination relative to Czech Republic
(EC2297) [25JA]
------Presidential determination relative to defense articles and
services for Jamaica (EC3725) [19AU]
------Presidential determination relative to defense articles and
services for South Africa (EC3561) [21JY]
------Presidential determination relative to defense articles and
services to restore democracy in Haiti (EC3528) [14JY]
(EC3801) [12SE] (EC3840) [16SE] (EC3855) [20SE]
------Presidential determination relative to emergency refugee and
migration assistance funds for Rwanda and Burundi (EC3580)
[28JY] (EC3726) [19AU]
------Presidential determination relative to Eximbank loan to the
People's Republic of China (EC3892) [3OC]
[[Page 2745]]
------Presidential determination relative to Jordan (EC2505) [1FE]
------Presidential determination relative to major illicit
narcotics producing and transit countries (EC2896) [12AP]
------Presidential determination relative to military sales in the
national security interest (EC3640) [3AU]
------Presidential determination relative to the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act (EC3950) [1DE]
------Presidential determination relative to the former Yugoslavia
(EC3150) [10MY]
------Presidential determination relative to the Loan Guarantees
to Israel Program (EC3895, EC3896) [3OC]
------Presidential determination relative to the PLO (EC3495)
[12JY]
------Presidential determination relative to the Slovak Republic
(EC2298) [25JA]
------progress in dismantling apartheid report (EC2275) [25JA]
------prohibition against contracting with firms that comply with
the Arab boycott of Israel or discriminate on the basis of
religion (EC4045) [1DE]
------Reception and Placement Program report (EC3564) [22JY]
------regulatory program of Trinidad and Tobago relative to the
capture of sea turtles (EC3191) [16MY]
------removal of items from the Munitions List (EC3001) [19AP]
(EC3291) [8JN]
------resolution of North Korean nuclear problem (EC4044) [1DE]
------Russian military operations in the former Soviet Union
(EC4043) [1DE]
------special nuclear materials in the Commonwealth of Independent
States (EC3213) [19MY]
------termination of Colombia as a danger pay location (EC3545)
[19JY]
------transfer of defense equipment to Germany (EC3638) [3AU]
------transfer of defense equipment to Panama (EC3599) [29JY]
------U.N. policy on grants to organizations that condone
pedophilia (EC3913) [5OC]
------U.S. contributions to international organizations (EC3017)
[20AP] (EC3628) [2AU] (EC3655) [8AU]
------U.S. relations with Tibet report (EC4042) [1DE]
------unauthorized transfer of U.S.-origin defense articles report
(EC2637) [28FE] (EC3642) [4AU]
------use emergency refugee and migration assistance fund for
refugees in Rwanda (EC4022) [1DE]
Dept. of the Air Force: operating costs at Altus AFB (EC3890)
[3OC]
------operating costs at Ellsworth AFB (EC2928) [13AP]
------operating costs at Langley AFB (EC2929) [13AP]
------operating costs at Luke AFB (EC3399) [21JN]
------operating costs at Randolph AFB (EC3620) [2AU] (EC3878)
[28SE]
------performance contracts (EC2847) [24MR] (EC3926, EC3927) [7OC]
Dept. of the Army: Arkansas City, KS, flood control project report
(EC4114) [1DE]
------Chief of Engineers report (EC3795, EC3796, EC3797, EC3798,
EC3799) [12SE] (EC3846) [16SE]
------construction of navigation improvements and associated port
facilities at Los Angeles and Long Beach Harbors, CA, report
(EC2787) [16MR]
------defense acquisition programs cost overruns report (EC2876)
[12AP]
------emergency munitions disposal report (EC2213) [25JA]
------involuntary reductions of civilian positions report (EC3511)
[14JY]
------local cooperation agreements report (EC4109) [1DE]
------national inventory of dams report (EC2864) [24MR]
------Portland, OR, Corps of Engineers report (EC3355) [9JN]
------report (EC3862) [22SE]
------Rio Grande, TX, De Arecibo feasibility report (EC3709)
[16AU]
------Tampa Bay, FL, flood control project report (EC2647) [28FE]
------unfunded authorized projects report (EC4108) [1DE]
------Walla Walla, WA, Corps of Engineers report (EC3356) [9JN]
Dept. of the Interior: audit report (EC2255) [25JA]
------authorize construction projects for the Commonwealth of the
Northern Mariana Islands (EC3130) [5MY]
------Bumping Lake Dam, Yakima Project, WA, modifications report
(EC3203) [17MY]
------certification that certain Central Arizona Projects are
suitable for agricultural production by irrigation (EC2692)
[2MR]
------Colorado River Basin water quality report (EC3035) [21AP]
(EC3451) [29JN]
------damaged or threatened national historic landmarks (EC2499)
[1FE]
------exchange of lands within Gates of the Arctic National Park
and Preserve (EC3397) [17JN]
------Federal coal management report (EC4096) [1DE]
------Federal Managers' Financial Integrity Act (EC2387) [25JA]
------Fossil Forest Research Natural Area report (EC3248) [23MY]
------Freedom of Information Act (EC2738) [9MR]
------Gila River Indian Community judgment funds report (EC2427)
[25JA]
------groundwater recharge of aquifers report (EC4095) [1DE]
------Helium Program report (EC2949) [13AP]
------Heritage Partnership Program report (EC2836) [23MR]
------High Plains States Groundwater Demonstration Program report
(EC2426) [25JA]
------Indian Self-Determination and Education Assistance Act
report (EC2420) [25JA] (EC3461) [30JN]
------Inspector General (EC2321) [25JA] (EC3300) [8JN]
------leasing, production, and competition of coal and energy
industries report (EC2424) [25JA]
------leasing systems (EC2687) [2MR] (EC3530) [14JY]
------legislation relative to the location of a Thomas Paine
Memorial (EC3889) [30SE] (EC3940) [7OC]
------Mission Indian judgement funds (EC4092) [1DE]
------national historic and natural landmarks damage report
(EC3327) [8JN]
------National Park Service Entrepreneurial Management Reform Act
(EC2994) [18AP]
------National Plan for Research in Mining and Mineral Resources
and Mineral Institute Program report (EC2516) [2FE]
------Ochoo Dam, Crooked River Project, OR, report (EC2546) [7FE]
------Office of Surface Mining Reclamation and Enforcement report
(EC2860) [24MR]
------oil and gas leases report (EC2989) [18AP]
------Outer Continental Shelf Natural Gas and Oil Leasing and
Production Program report (EC3187) [16MY] (EC3559) [20JY]
------Pueblo of Nambe Indians judgement funds (EC3424) [24JN]
------refund of excess royalty payments (EC2421, EC2422, EC2423)
[25JA] (EC2425) [25JA] (EC2498) [1FE] (EC2529) [3FE] (EC2564)
[10FE] (EC2646) [28FE] (EC2720, EC2721) [7MR] (EC2740) [9MR]
(EC2834, EC2835) [23MR] (EC2948) [13AP] (EC3034) [21AP]
(EC3044) [25AP] (EC3012) [3MY] (EC3326) [8JN] (EC3395, EC3396)
[17JN] (EC3449, EC3450) [29JN] (EC3555) [20JY] (EC3644,
EC3645, EC3646) [4AU] (EC3789, EC3790) [12SE] (EC3844) [16SE]
(EC3879) [28SE] (EC4093, EC4094) [1DE]
------reimbursable expenditures of EPA Superfund money, Bureau of
Reclamation (EC2254) [25JA] (EC3764) [12SE] (EC3998, EC3999)
[1DE]
------Small Reclamation Projects Program applications (EC3258)
[25MY]
------views relative to legislation regarding management of the
Presidio, CA, military facility (EC3694) [12AU]
------World War II Memorial legislation (EC3664) [9AU] (EC3900)
[3OC]
------Youth Conservation Corps report (EC2780) [16MR]
Dept. of the Navy: defense acquisition and contract award programs
report (EC2848) [24MR] (EC3281) [8JN]
------donation of pieces of the U.S.S. Arizona to veterans groups
and historical organizations (EC3228) [23MY]
------lease of vessels to American Institute in Taiwan (EC3197)
[17MY]
------National Defense Sealift Fund Obligation report (EC2874)
[12AP]
------renew lease of Albert David (vessel) (EC3908) [5OC]
------renew lease of Blueback (submarine) (EC2594) [23FE]
------transfer of vessels (EC2968) [18AP] (EC3067) [26AP] (EC3847)
[16SE]
------Water Resources Development Act report (EC3171) [11MY]
Dept. of the Treasury: annual forfeiture fund financial statements
report (EC2571) [11FE]
------compensation and benefits report (EC2732) [9MR]
------Customs Service reorganization plan (EC3902) [3OC]
------enforcement actions (EC2933) [13AP]
------Exchange Stabilization Fund report (EC3647) [5AU]
------Federal Administration Act legislation (EC3193) [16MY]
------Federal Managers' Financial Integrity Act (EC2388) [25JA]
------fees to fund environmental insurance resolution reform
(EC3260) [25MY]
------Freedom of Information Act (EC2642) [28FE]
------Inspector General (EC2389) [25JA] (EC3448) [29JN]
------Inter-American Development Bank (EC3080) [2MY]
------Regulatory Consolidation Act report (EC2743) [9MR]
------Student Loan Marketing Association report (EC3484) [12JY]
------U.S. business participation in multilateral development
banks (EC3232) [23MY]
------U.S. contributions to Global Environment Facility (EC3028)
[21AP]
------U.S. Mint Numismatic Public Enterprise Fund report (EC3230)
[23MY]
Dept. of Transportation: Airport Improvement Program report
(EC3113) [4MY]
------Amtrak appropriations (EC2819) [23MR]
------Automotive Fuel Economy Program report (EC2617) [24FE]
------Aviation Investment Act report (EC2555) [8FE]
------Coast Guard Authorization Act report (EC2774) [15MR]
(EC3549) [19JY]
------Coast Guard Environmental Compliance and Restoration Program
report (EC3452) [29JN]
------Coast Guard Military Retirement System report (EC4086) [1DE]
------collision avoidance systems report (EC3547) [19JY]
------Deepwater Port Act activities report (EC2862) [24MR]
------feasibility of an international border highway
infrastructure discretionary program (EC2439) [25JA]
------Federal Managers' Financial Integrity Act (EC2394) [25JA]
------Freedom of Information Act (EC2831) [23MR]
------highway and transit safety conditions report (EC3027) [20AP]
(EC3251) [23MY] (EC3794) [12SE]
------Imported Vehicle Safety Compliance Act report (EC3623) [2AU]
------Improvements to Hazardous Materials Identification Systems
(EC2634) [24FE]
[[Page 2746]]
------Inspector General (EC2324) [25JA] (EC3421) [24JN]
------legislation relative to rail-highway grade crossing (EC3378)
[14JN]
------legislation relative to Saint Lawrence Seaway Development
Corp. (EC3223) [20MY]
------low-level radioactive waste transportation report (EC2964)
[13AP]
------Maritime Administration Authorization Act (EC2757) [11MR]
(EC3112) [4MY] (EC3708) [16AU]
------maximum axle weight limits of public transit vehicles on
interstate highways report (EC4116) [1DE]
------National Highway System Designation Act (EC2611) [23FE]
(EC2863) [24MR]
------National Scenic Byways Program report (EC2992) [18AP]
------Office of Commercial Space Transportation appropriations
(EC3502) [12JY]
------overweight vehicles--penalties and permits report (EC2629)
[24FE]
------preservation of transportation corridors report (EC4115)
[1DE]
------Private Sector Involvement Program report (EC3270) [8JN]
------progress in conducting environmental remedial action at
federally operated facilities (EC2518) [3FE]
------railroad financial assistance report (EC2616) [24FE]
------recommendations received from NTSB (EC2690) [2MR]
------report on transition to quieter airplanes (EC3861) [22SE]
------results of highway functional reclassification report
(EC2440) [25JA]
------State participation in National Motor Vehicle Title
Information System (EC2752) [10MR]
------survey of recreational vessel use and recreational vessel
fuel use (EC2590) [22FE]
------transfer Coast Guard authority to Sec. of the Navy (EC3131)
[5MY]
------Transportation Security report (EC3880) [28SE]
------transportation user fees report (EC2817) [23MR]
------views relative to Coast Guard appropriations (EC3649) [5AU]
------water well drilling rigs on public highways report (EC2990)
[18AP]
Dept. of Veterans Affairs: chief minority affairs officer report
(EC2444) [25JA]
------coverage and protection provided to medical quality
assurance records report (EC2811) [21MR]
------disposition of cases granted relief from administrative
error report (EC2961) [13AP]
------Federal Managers' Financial Integrity Act (EC2395) [25JA]
------Freedom of Information Act (EC3058) [26AP]
------implementation of health resources portion of Health
Resources Sharing and Emergency Act (EC2842) [23MR]
------Inspector General (EC2350) [25JA] (EC3382) [15JN]
------legislation relative to increasing disability compensation
(EC3190) [16MY]
------management report (EC2350) [25JA]
------proposed legislation to authorize additional medical
facility construction projects (EC3007) [19AP]
------Sec. of Veterans Affairs and the Veterans Advisory Committee
on Rehabilitation (EC2810) [21MR]
District of Columbia: acts (EC2228, EC2229, EC2230, EC2231,
EC2232, EC2233) [25JA] (EC2234, EC2235, EC2236, EC2237,
EC2238) [25JA] (EC2430) [25JA] (EC2469, EC2470, EC2471,
EC2472, EC2473, EC2474, EC2475, EC2476, EC2477, EC2478,
EC2479, EC2480, EC2481, EC2482) [1FE] (EC2650, EC2651, EC2652,
EC2653, EC2654, EC2655, EC2656, EC2657, EC2658, EC2659,
EC2660, EC2661, EC2662, EC2663) [1MR] (EC2696, EC2697) [3MR]
(EC2705, EC2706) [7MR] (EC2849, EC2850) [24MR] (EC2851,
EC2852) [24MR] (EC2880, EC2881, EC2882, EC2883, EC2884) [12AP]
(EC3038, EC3039) [25AP] (EC3121, EC3122, EC3123, EC3124,
EC3125, EC3126, EC3127) [5MY] (EC3153, EC3154) [11MY] (EC3233,
EC3234, EC3235, EC3236, EC3237, EC3238, EC3239, EC3240,
EC3241) [23MY] (EC3411) [22JN] (EC3428, EC3429, EC3430,
EC3431, EC3432) [27JN] (EC3476, EC3477) [12JY] (EC3512,
EC3513, EC3514, EC3515, EC3516, EC3517, EC3518, EC3519,
EC3520) [14JY] (EC3531, EC3532, EC3533, EC3534, EC3535) [18JY]
(EC3552) [20JY] (EC3586, EC3587, EC3588, EC3589, EC3590,
EC3591, EC3592, EC3593, EC3594, EC3595) [29JY] (EC3602,
EC3603, EC3604, EC3605, EC3606, EC3607) [1AU] (EC3608, EC3609,
EC3610, EC3611) [1AU] (EC3635, EC3636) [3AU] (EC3676, EC3677,
EC3678) [11AU] (EC3698) [16AU] (EC3967, EC3968, EC3969,
EC3970, EC3971, EC3972, EC3973, EC3974, EC3975, EC3976,
EC3977, EC3978) [1DE]
------actuaries review of benefit changes to police officer and
firefighter retirement programs (EC2885) [12AP]
------analysis of June 1994 revenue report (EC3755) [12SE]
------audit of contracts between the HIV/AIDS Agency and the
Whitman Walker Clinic (EC2559) [10FE]
------audit of Dept. of Public and Assisted Housing contracts
(EC2744) [10MR]
------Boxing and Wrestling Commission audit report (EC3343) [9JN]
------cash flow statement report (EC3478) [12JY]
------examination of D.C. Housing Finance Agency expenditures
(EC3540) [19JY]
------financial review of Public Access Corp. (EC3480) [12JY]
------procurement improvements at D.C. General Hospital (EC3479)
[12JY]
------public schools report (EC3364) [13JN] (EC3369) [14JN]
------Public Service Commission expenditures report (EC3832)
[16SE]
------water and sewer rates report (EC2664) [1MR]
District of Columbia Retirement Board: report (EC2886) [12AP]
(EC3093) [3MY] (EC3155) [11MY]
DSAA: acceptance of France to a cooperative project between the
U.S. and the United Kingdom (EC3245) [23MY]
------acquisition and lifecycle support services with NATO report
(EC3932) [7OC]
------Arms Export Control Act report (EC3766) [12SE] (EC4015)
[1DE]
------collaborative logistic support arrangement with Germany
report (EC4011) [1DE]
------cooperative feasibility studies with NATO report (EC3931)
[7OC]
------cooperative projects between the Dept. of Defense and the
Dutch Ministry of Defense (EC3208) [18MY]
------cooperative projects between the U.S. and the Israeli
Ministry of Defense (EC3244) [23MY]
------cooperative projects between the U.S. and United Kingdom
(EC3456) [30JN]
------defense articles for Australia (EC2264) [25JA] (EC2753)
[11MR] (EC3040) [25AP] (EC3746, EC3747, EC3748) [26AU]
------defense articles for Bahrain (EC3442) [29JN]
------defense articles for Brazil (EC2978, EC2979, EC2981) [18AP]
(EC3930) [7OC]
------defense articles for Canada (EC2266) [25JA] (EC3486) [12JY]
------defense articles for Egypt (EC2893) [12AP] (EC2937) [13AP]
(EC3185) [16MY] (EC3418) [23JN] (EC3936) [7OC]
------defense articles for France (EC3289) [8JN] (EC3934) [7OC]
------defense articles for Greece (EC2797) [21MR] (EC2892) [12AP]
------defense articles for Israel (EC2938) [13AP]
------defense articles for Italy (EC3665, EC3668) [10AU]
------defense articles for Japan (EC3667, EC3669, EC3670, EC3671,
EC3672) [10AU]
------defense articles for Jordan (EC2519) [3FE]
------defense articles for Kuwait (EC3935) [7OC]
------defense articles for Lebanon (EC2267) [25JA]
------defense articles for NATO (EC2581) [22FE]
------defense articles for Norway (EC3175) [12MY]
------defense articles for Republic of Korea (EC2582) [22FE]
(EC3687) [12AU] (EC3809, EC3812, EC3813) [13SE]
------defense articles for Singapore (EC3246) [23MY]
------defense articles for Sweden (EC2486) [1FE] (EC3810) [13SE]
------defense articles for Switzerland (EC2268) [25JA]
------defense articles for Thailand (EC3666) [10AU] (EC3688)
[12AU] (EC3816) [13SE]
------defense articles for the Netherlands (EC2980) [18AP]
(EC3031) [21AP] (EC3674) [10AU]
------defense articles for the U.N. (EC4009, EC4010, EC4012,
EC4013, EC4014, EC4018, EC4019) [1DE]
------defense articles for the United Arab Emirates (EC2666) [1MR]
------defense articles for the United Kingdom (EC3209) [18MY]
(EC3673) [10AU]
------defense articles for Turkey (EC3372) [14JN] (EC3613, EC3614,
EC3615) [1AU] (EC3654) [8AU] (EC3689) [12AU] (EC3933) [7OC]
------emergency counternarcotics assistance to Colombia (EC2490)
[1FE]
------enhancement or upgrades of technology or capability (EC3937)
[7OC]
------foreign aid program changes in Ghana (EC3657) [8AU]
------Foreign Military Sales Program report (EC2485) [1FE]
(EC3658) [8AU]
------notice relative to obligation of funds (EC3693) [12AU]
------price and availability report (EC2279) [25JA] (EC2982)
[18AP] (EC3373) [14JN] (EC3626) [2AU] (EC4028) [1DE]
------proposed agreement with Australia (EC3016) [20AP]
------proposed agreement with the United Kingdom (EC3139, EC3140)
[9MY]
------services performed by Federal employees for which
reimbursement is provided (EC2538) [7FE]
------Special Defense Acquisition Fund report (EC2278) [25JA]
------status of loan and contracts report (EC2520) [3FE]
EEOC: activities report (EC3344) [9JN] (EC3762) [12SE]
------Federal employment of minorities, women, and people with
disabilities report (EC3189) [16MY]
------Federal Managers' Financial Integrity Act report (EC2352)
[25JA]
------Freedom of Information Act report (EC2701) [3MR]
------Government in the Sunshine Act report (EC2572) [11FE]
------Inspector General report (EC2405) [25JA] (EC3307) [8JN]
------General Counsel report (EC3909) [5OC]
EPA: Alternative Fuel Vehicle Training Program report (EC2466)
[1FE]
------CERCLA amendments report (EC2556) [8FE]
------cleanup of hazardous waste sites report (EC2551) [8FE]
------Federal Insecticide, Fungicide, and Rodenticide Act
amendments report (EC3078) [28AP]
------Federal Managers' Financial Integrity Act (EC2351) [25JA]
------Freedom of Information Act (EC3817) [13SE]
------hazardous air pollutant emissions study (EC3243) [23MY]
------Inspector General (EC3404) [21JN]
------International Anthropogenic Methane Emissions report
(EC2509) [2FE]
------National School Radon Survey report (EC2484) [1FE]
------national water quality inventory report (EC3062) [26AP]
[[Page 2747]]
------Nitrogen Oxide Emissions and Their Control From Uninstalled
Aircraft Engines in Enclosed Test Cells report (EC3910) [5OC]
------ozone-depleting substances report (EC4002) [1DE]
------Pesticide Reform Act report (EC3076) [28AP]
------Program Fraud Civil Remedies Act report (EC4068) [1DE]
------reduction of methane emissions report (EC2258, EC2259)
[25JA]
------registration of pesticides report (EC2868) [12AP]
------Superfund report (EC3920) [6OC]
------Toxics Release Inventory report (EC3211) [19MY]
------U.S.-Colonias Water Pollution Control Act report (EC3075)
[28AP]
------U.S.-Mexico Border Water Pollution Control Act report
(EC3074) [28AP]
Executive Office of the President: ACDA report (EC2902) [12AP]
------add Kazakhstan and Romania to list of beneficiary developing
countries under the Generalized System of Preferences (EC2593)
[22FE]
------alternative pay adjustment plan report (EC3793) [12SE]
------balanced budget amendment report (EC2791) [17MR]
------blocking of property relative to the Bosnian Serb-controlled
areas of Bosnia-Herzegovina (EC4032) [1DE]
------budget deferrals report (EC3946) [1DE]
------Compact of Free Association with Palau report (EC3884)
[28SE]
------compliance by Commonwealth of Independent States to arms
control agreements report (EC3433) [27JN]
------compliance by Iraq with U.N. Security Council resolutions
(EC2283) [25JA] (EC2489) [1FE] (EC2898) [12AP]
------continuation of Libyan emergency report (EC2282) [25JA]
------continuation of trade waiver with former Soviet republics
(EC3332) [8JN]
------continuation of trade waiver with the People's Republic of
China report (EC3333) [8JN]
------Corp. for National and Community Service report (EC3749)
[12SE]
------Council of Economic Advisers report (EC2632) [24FE]
------Cyprus negotiations report (EC2281) [25JA] (EC3003) [19AP]
(EC3492) [12JY] (EC3886) [29SE] (EC4029) [1DE]
------deployment of U.S. forces to Haiti (EC3830) [16SE] (EC3853)
[19SE] (EC3858) [21SE]
------Dept. of Agriculture appropriations for the CCC (EC3947)
[1DE]
------Dept. of Commerce appropriations (EC2794) [21MR] (EC3265)
[8JN]
------Dept. of Defense appropriations (EC2204) [25JA] (EC3948)
[1DE]
------Dept. of Energy appropriations (EC3278) [8JN]
------Dept. of HUD, Dept. of Transportation, FEMA, and SBA
appropriations (EC3277) [8JN]
------Dept. of Labor appropriations (EC3749) [12SE]
------Dept. of the Interior appropriations (EC3749) [12SE]
------Dept. of the Treasury appropriations (EC3948) [1DE]
------Dept. of Transportation appropriations (EC2203) [25JA]
------Dept. of Transportation assistance for Midwest flood and Los
Angeles earthquake repairs (EC2200) [25JA]
------Depts. of Commerce, HHS, HUD, and the Interior
appropriations (EC3417) [23JN]
------Depts. of HUD and Transportation, and Executive Office of
the President appropriations (EC2550) [8FE]
------designation of Janet A. Nuzum as Vice Chairman of the ITC
(EC3407) [21JN]
------designation of Peter S. Watson as Chairman of the ITC
(EC3407) [21JN]
------Drug Free Workplace Plan administration and random drug
testing report (EC4123) [1DE]
------economic development plan of Palau report (EC3633) [2AU]
------efforts to obtain Iraq's compliance with U.N. Security
Council resolutions (EC3293) [8JN] (EC3656) [8AU] (EC4033)
[1DE]
------emergency supplemental appropriations (EC2456) [26JA]
(EC2465) [1FE] (EC2575) [22FE] (EC2966) [18AP]
------executive departments and independent agencies
appropriations (EC3194) [17MY]
------Federal agencies implementation of the Privacy Act (EC2522)
[3FE]
------FEMA budget report (EC3875) [28SE]
------Forest Service budget report (EC2869) [12AP] (EC3849) [19SE]
------Freedom of Information Act (EC2712) [7MR]
------Haiti situation report (EC4031) [1DE] (EC4048) [1DE]
------illegal trade of rhinoceros and tiger parts and products
report (EC2954) [13AP]
------immigration report (EC4101) [1DE]
------implement savings from reform of Federal procurement system
(EC2775) [16MR]
------international agreements other than treaties (EC2782) [16MR]
------loan guarantees to Israel (EC2300) [25JA]
------locality based comparability payments applicable to Federal
general schedule employees (EC2435, EC2438) [25JA]
------LSC appropriations (EC3749) [12SE]
------maximum budget deficit amount notice report (EC2461) [26JA]
------NAFTA report (EC2448) [25JA]
------national emergency relative to the proliferation of weapons
of mass destruction (EC4030) [1DE]
------National Telecommunications and Information Administration
report (EC4005) [1DE]
------notification relative to Dept. of Defense intent to make
purchases (EC3917) [5OC]
------personnel report (EC2436) [25JA]
------progress report toward regional nonproliferation in South
Asia (EC2553) [8FE]
------report on Russian commitments to comply with chemical
weapons conventions (EC4049) [1DE]
------report on the U.S. peacekeeping contingent in Macedonia
(EC2301) [25JA]
------resignation of Richard J. Hankinson as Inspector General of
the Dept. of Justice (EC2552) [8FE]
------sanctions on Vietnam report (EC3914) [5OC]
------SBA and FEMA appropriations (EC2201, EC2202) [25JA] (EC3750)
[12SE]
------science, technology, and U.S. diplomacy report (EC2557)
[9FE]
------Selective Service System report (EC3217) [20MY]
------supplemental appropriations (EC2792) [18MR]
------suspension of licenses for exporting certain munitions list
articles to the People's Republic of China (EC3768) [12SE]
------troop level requirements report (EC3229) [23MY]
------U.N. and NATO efforts to achieve peace and security in
Bosnia and Herzegovina (EC2586) [22FE] (EC2939) [13AP]
(EC3020) [20AP] (EC4050) [1DE]
------Uruguay round of multilateral trade negotiations report
(EC2445) [25JA]
------War Powers Act report relative to Bosnia and Herzegovina
(EC2675) [2MR]
Eximbank: Boeing Co. sales report (EC2596) [23FE] (EC3012) [20AP]
(EC3961) [1DE]
------compensation of employees report (EC2613) [24FE]
------Freedom of Information Act (EC2677) [2MR]
------Inspector General (EC4069) [1DE]
------jet aircraft sale to Australia and the Republic of China
(EC2704) [7MR]
------tied aid credits report (EC2221) [25JA] (EC3419) [24JN]
------U.S. exports to Argentina (EC3697) [16AU]
------U.S. exports to Australia (EC2220) [25JA]
------U.S. exports to Brazil (EC3736) [26AU]
------U.S. exports to Hong Kong (EC3231) [23MY]
------U.S. exports to India (EC3651) [8AU] (EC3739) [26AU]
------U.S. exports to Indonesia (EC3743) [26AU]
------U.S. exports to Italy (EC2970) [18AP]
------U.S. exports to Mexico (EC3742, EC3744) [26AU]
------U.S. exports to Russia (EC2795) [21MR] (EC3601) [1AU]
(EC3634) [3AU] (EC3734, EC3741) [26AU]
------U.S. exports to Thailand (EC3738) [26AU]
------U.S. exports to the Czech Republic (EC2468) [1FE]
------U.S. exports to the People's Republic of China (EC2218,
EC2219) [25JA] (EC3686) [12AU] (EC3728) [20AU] (EC3740,
EC3745) [26AU]
------U.S. exports to the Philippines (EC2649) [1MR] (EC3472)
[12JY]
------U.S. exports to the Republic of Korea (EC2217) [25JA]
(EC3735) [26AU]
------U.S. exports to Venezuela (EC3737) [26AU]
FAA: Airmen and Aircraft Registry System report (EC3924) [6OC]
------Aviation System Capital Investment Plan report (EC2630)
[24FE]
------Civil Aviation Security Program report (EC4110, EC4111)
[1DE]
------Subsonic Noise Reduction Technology Program report (EC2197)
[25JA]
------threats to domestic airport security report (EC2809) [21MR]
------Traffic Alert and Collision Avoidance System report (EC2453)
[25JA] (EC3435) [27JN] (EC3918) [5OC]
Farm Credit Administration: annual report (EC2198) [25JA]
------Federal Managers' Financial Integrity Act report (EC2354)
[25JA]
------Government in the Sunshine Act report (EC2493) [1FE]
------Inspector General report (EC2353) [25JA] (EC3308) [8JN]
------pension plan report (EC2380) [25JA]
Farm Credit Banks: Farm Credit Pension and Thrift Plans (EC2942)
[13AP] (EC3546) [19JY] (EC3570) [25JY] (EC3571) [25JY]
(EC3629) [2AU] (EC3630) [2AU]
Farm Credit System Insurance Corp.: report (EC3945) [1DE] (EC4070)
[1DE]
Farmers Home Administration: report (EC3127) [12MY]
FCC: Federal Managers' Financial Integrity Act report (EC2459)
[26JA]
------Freedom of Information Act report (EC2905) [12AP]
------Government in the Sunshine Act report (EC3023) [20AP]
FDIC: activities report (EC3962) [1DE]
------efficient utilization of private sector report (EC3174)
[12MY]
------Government in the Sunshine Act report (EC2588) [22FE]
------Office of Consumer Affairs report (EC2226) [25JA]
------reports (EC2224) [25JA] (EC3806) [13SE] (EC3866) [27SE]
FEC: activities report (EC3352) [9JN]
------budget report (EC2452) [25JA]
------Freedom of Information Act (EC2734) [9MR]
------Government in the Sunshine Act (EC3444) [29JN]
------nominating conventions regulations report (EC3423) [24JN]
------receipt and use of Federal funds by candidates report
(EC2417) [25JA]
------recommendations for legislative action report (EC3101) [3MY]
------special fundraising projects report (EC2947) [13AP]
Federal Bureau of Prisons: report (EC2770) [15MR]
Federal Financial Institutions Examination Council: report
(EC2878) [12AP]
[[Page 2748]]
Federal Financing Bank: report (EC3783) [12SE]
Federal Highway Administration: asphalts used in highway
construction report (EC3259) [25MY]
------intermodal surface transportation report (EC4112) [1DE]
------management systems report (EC2502) [1FE]
Federal Hospital Insurance Trust Fund: report (EC2919) [12AP]
(EC2921) [12AP]
Federal Housing Finance Board: activities reports (EC3414) [22JN]
------Federal Managers' Financial Integrity (EC2986) [18AP]
------Freedom of Information Act (EC2678) [2MR]
------Government in the Sunshine Act (EC2906) [12AP]
------Inspector General (EC2356) [25JA] (EC3309) [8JN]
------low-income housing and community development report (EC2614)
[24FE] (EC3929) [7OC]
------management reports of Federal home loan banks report
(EC2460) [26JA] (EC3361) [10JN] (EC3569) [25JY]
Federal Labor Relations Authority: Federal Managers' Financial
Integrity Act (EC2357) [25JA] (EC2828) [23MR]
------Freedom of Information Act (EC2643) [28FE]
Federal Maritime Commission: activities report (EC2956) [13AP]
------Federal Managers' Financial Integrity Act (EC2358) [25JA]
------Freedom of Information Act (EC2644) [28FE]
------Government in the Sunshine Act (EC2829) [23MR]
------Inspector General (EC3177) [12MY] (EC4071) [1DE]
Federal Mediation and Conciliation Service: Freedom of Information
Act (EC2679) [2MR]
------Inspector General (EC4072) [1DE]
Federal Mine Safety and Health Review Commission: Freedom of
Information Act (EC2943) [13AP]
------Inspector General (EC2713) [7MR] (EC4073) [1DE]
Federal Old-Age and Survivors Insurance and Disability Insurance
Trust Funds: report (EC2920) [12AP] (EC2922) [12AP]
Federal Railroad Administration: report (EC3543) [19JY]
Federal Retirement Thrift Investment Board: report (EC2523) [3FE]
(EC4075) [1DE]
FEMA: civil defense programs appropriations legislation (EC3152)
[11MY]
------Federal Fire Prevention and Control Act appropriations
legislation (EC3166) [11MY]
------Federal Managers' Financial Integrity Act (EC2355) [25JA]
------Freedom of Information Act (EC2699) [3MR]
FERC: Freedom of Information Act (EC2700) [3MR]
------Government in the Sunshine Act (EC3706) [16AU] (EC3923)
[6OC]
------hydroelectric licensing in Hawaii (EC2977) [18AP]
Forest Service: boundary descriptions and maps report (EC3681)
[11AU]
FRS: annual report (EC2971) [18AP] (EC3550) [20JY]
------credit availability for small businesses and small farms
report (EC2216) [25JA]
------credit card operations of depository institutions report
(EC3831) [16SE]
------employee benefits report (EC3643) [4AU]
------Freedom of Information Act (EC2680) [2MR] (EC3253) [24MY]
------Government in the Sunshine Act (EC2783) [16MR]
------Inspector General (EC2338) [25JA] (EC3310) [8JN] (EC4074)
[1DE]
------intermarket coordination report (EC3338) [8JN]
------monetary policy report (EC2633) [24FE] (EC3560) [21JY]
------retail fees and services of depository institutions report
(EC3341) [9JN]
FTC: antitrust report (EC2953) [13AP]
------Fair Debt Collection Practices Act report (EC2225) [25JA]
(EC2815) [23MR]
------Federal Cigarette Labeling and Advertising Act report
(EC2891) [12AP] (EC3525) [14JY] (EC4003) [1DE]
------Federal Managers' Financial Integrity Act (EC2360) [25JA]
------Freedom of Information Act (EC2714) [7MR]
------Government in the Sunshine Act (EC3311) [8JN]
------Inspector General (EC2359) [25JA] (EC3312) [8JN]
GAO: ability of State and local governments to rebuild after
January 1994 California earthquake (EC3465) [30JN]
------assignment or detail of GAO employees to congressional
committees (EC2562) [10FE] (EC2624) [24FE] (EC3721) [18AU]
------Comptrollers General Retirement System (EC2361) [25JA]
------Customs Service audit report (EC3466) [30JN]
------Dept. of Defense certification regarding expansion of the
CHAMPUS reform initiative beyond California and Hawaii report
(EC2558) [10FE]
------Dept. of the Energy Office of Civilian Radioactive Waste
Management audit report (EC3885) [28SE]
------GATT report (EC3802) [12SE]
------information superhighway issues report (EC3907) [3OC]
------list of reports (EC2326, EC2327) [25JA] (EC2457) [26JA]
(EC2515) [2FE] (EC2800) [21MR] (EC3032) [21AP] (EC3869) [27SE]
(EC4061, EC4062) [1DE]
------measuring U.S.-Canada trade report (EC2506) [1FE]
------notices of bid protests (EC2539) [7FE]
------President's impoundment messages (EC2205) [25JA] (EC2532)
[7FE] (EC3568) [25JY]
------rescissions of budget authority (EC2812) [23MR] (EC2870)
[12AP] (EC3132) [9MY] (EC3279) [8JN] (EC3685) [12AU]
------review of White House Travel Office report (EC3014) [3MY]
------RTC financial statements audit report (EC3538) [18JY]
------Rural Telephone Bank interest rates report (EC4121) [1DE]
Girl Scouts of America: report (EC2837) [23MR]
GPO: report (EC2406) [25JA] (EC3422) [24JN]
GSA: accessibility standards report (EC2507) [1FE]
------audit report (EC2541) [7FE] (EC2957) [13AP] (EC3445) [29JN]
------building project surveys (EC2441) [25JA] (EC2442) [25JA]
(EC2610) [23FE] (EC2772) [15MR] (EC2991) [18AP] (EC3063)
[26AP] (EC3871) [27SE]
------disposition of surplus Federal property (EC2364) [25JA]
------Federal Managers' Financial Integrity Act (EC2363) [25JA]
------Freedom of Information Act (EC2907) [12AP]
------Inspector General (EC2362) [25JA] (EC3313) [8JN]
------lease prospectuses (EC2959) [13AP] (EC3064) [26AP] (EC3145)
[9MY] (EC3222) [20MY] (EC3416) [22JN] (EC3860) [22SE] (EC3872)
[27SE]
------proposed awarding of contracts to the Rappahannock Area
Development Commission, and Hagerstown, MD, for pilot
telecommuting centers (EC2494) [1FE]
------Public Building Service Acquisition of Facilities Program
report (EC3065) [26AP]
------Public Buildings Service Capital Improvement Program report
(EC2839) [23MR]
------Social Security Administration Great Lakes Program report
(EC2917) [12AP]
------utilization and donation of Federal personnel property
report (EC4076) [1DE]
Harry S Truman Scholarship Foundation: report (EC2248) [25JA]
(EC2615) [24FE]
Health Care Financing Administration: Rural Health Care Transition
Grant Program report (EC2260) [25JA]
House of Representatives: budget receipts and expenditures
(EC2686) [2MR] (EC3257) [25MY] (EC3720) [18AU] (EC4091) [1DE]
------list of reports (EC2419) [25JA]
------personal financial disclosure statements (EC3575) [27JY]
ICC: Federal Managers' Financial Integrity Act (EC2366) [25JA]
------Freedom of Information Act (EC3221) [20MY]
------Government in the Sunshine Act (EC2987) [18AP]
------Inspector General (EC3314) [8JN]
INS: certain education programs appropriations report (EC2665)
[1MR]
Institute of Museum Services: Federal Managers' Financial
Integrity Act (EC2830) [23MR]
Inter-American Foundation: Federal Managers' Financial Integrity
Act (EC2365) [25JA]
------Freedom of Information Act (EC2735) [9MR]
International Boundary and Water Commission: Freedom of
Information Act (EC2681) [2MR]
ITC: Federal Managers' Financial Integrity Act (EC2410) [25JA]
------foreign trade reports (EC3048) [25AP]
------Freedom of Information Act (EC2607) [23FE]
------impact of the Andean Trade Preference Act (EC3904) [3OC]
------impact of the Caribbean Basin Economic Recovery Act (EC3903)
[3OC]
------Inspector General (EC3202) [17MY]
------trade between the U.S. and nonmarket economy countries
(EC2503) [1FE] (EC3631) [2AU] (EC4120) [1DE]
James Madison Memorial Fellowship Foundation: report (EC2542)
[7FE]
Japan-U.S. Friendship Commission: report (EC2299) [25JA] (EC2715)
[7MR]
Library of Congress: activities report (EC3415) [22JN]
------U.S. Capitol Preservation Commission Fund report (EC3163)
[11MY]
LSC: report (EC2736) [9MR]
Marine Corps: report (EC2411) [25JA]
Marine Mammal Commission: report (EC2944, EC2945) [13AP]
Martin Luther King, Jr., Federal Holiday Commission: report
(EC2367) [25JA]
Merit Systems Protection Board: entering professional positions in
the Federal Government report (EC2958) [13AP]
------Federal Managers' Financial Integrity Act (EC2412) [25JA]
------Freedom of Information Act (EC2628) [24FE]
------Government in the Sunshine Act (EC2527) [3FE]
------temporary federal employees report (EC3819) [13SE]
------workforce demographics report (EC2437) [25JA]
Migratory Bird Conservation Commission: report (EC2609) [23FE]
Mississippi River Commission: report (EC2495) [1FE]
NASA: Contract Adjustment Board report (EC2784) [16MR]
------Federal Managers' Financial Integrity Act report (EC2369)
[25JA]
------Freedom of Information Act report (EC2803) [21MR]
------Inspector General report (EC2368) [25JA] (EC3315) [8JN]
------land disposal report (EC3464) [30JN]
------McDonnell Douglas Corp. contract report (EC3956) [1DE]
------metric system implementation report (EC3272) [8JN]
------mixed waste streams report (EC2524) [3FE] (EC4004) [1DE]
------Subsonic Noise Reduction Technology Program report (EC2197)
[25JA]
------Superfund implementation report (EC2707) [7MR]
------upper atmosphere report (EC3905) [3OC]
National Archives and Records Administration: report (EC2525)
[3FE] (EC3042) [25AP] (EC3870) [27SE] (EC3899) [3OC]
National Capital Planning Commission: report (EC2857) [24MR]
[[Page 2749]]
National Center For Education Statistics: report (EC2241) [25JA]
National Commission on Libraries and Information Science: report
(EC4077) [1DE]
National Commission on Manufactured Housing: report (EC2672) [2MR]
(EC3621) [2AU]
National Council on Disabilities: report (EC2888) [12AP] (EC3700)
[16AU] (EC3993) [1DE]
National Council on Radiation Protection and Measurements: report
(EC3434) [27JN]
National Credit Union Administration: Federal Managers' Financial
Integrity Act (EC2372) [25JA]
------Freedom of Information Act (EC2716) [7MR]
------Inspector General (EC2371) [25JA] (EC3316) [8JN]
National Endowment for Democracy: Freedom of Information Act
(EC2908) [12AP]
------Inspector General (EC2543) [7FE]
National Endowment for the Arts: Federal Managers' Financial
Integrity Act (EC2374) [25JA]
------Freedom of Information Act (EC2601) [23FE]
------Inspector General (EC2373) [25JA] (EC3317) [8JN] (EC4087)
[1DE]
------lobbying restrictions report (EC3803) [12SE]
National Endowment for the Humanities: Federal Managers' Financial
Integrity Act (EC2375) [25JA]
------Freedom of Information Act (EC2785) [16MR]
National Gallery of Art: Federal Managers' Financial Integrity Act
(EC2376) [25JA]
National Institute for Literacy: report (EC3157) [11MY]
National Mediation Board: Federal Managers' Financial Integrity
Act (EC2378) [25JA]
------Freedom of Information Act (EC2786) [16MR]
------Inspector General (EC2682) [2MR]
National Science Board: report (EC2379) [25JA]
National Tropical Botanical Garden: report (EC3463) [30JN]
Naval Sea Cadet Corps: report (EC2771) [15MR]
NLRB: Federal Managers' Financial Integrity Act (EC2737) [9MR]
------Freedom of Information Act (EC3057) [26AP]
------Government in the Sunshine Act (EC2858) [24MR]
------Inspector General (EC2377) [25JA] (EC3388) [16JN]
NOAA: report (EC2955) [13AP] (EC3025) [20AP]
Non-Commissioned Officers Association of the U.S.A.: report
(EC2689) [2MR]
Norfolk Naval Shipyard Cooperative Association: pension plan
report (EC2329) [25JA] (EC3319) [8JN]
NRC: abnormal occurrences at licensed nuclear facilities (EC3192)
[16MY]
------Federal Managers' Financial Integrity Act (EC2413) [25JA]
------Freedom of Information Act (EC2749) [10MR]
------Government in the Sunshine Act (EC2913) [12AP]
------nondisclosure of safeguards information (EC2554) [8FE]
(EC3225) [20MY] (EC3710) [16AU] (EC4129) [1DE]
------Safety Research Program report (EC2741) [9MR]
NSC: report (EC2627) [24FE]
NSF: Federal support to universities, colleges, and nonprofit
institutions report (EC2960) [13AP]
------Freedom of Information Act (EC3043) [25AP]
------Inspector General (EC3318) [8JN]
------metrication report (EC2631) [24FE]
NTSB: budget allowance report (EC2454) [25JA] (EC3271) [8JN]
------Federal Managers' Financial Integrity Act (EC2526) [3FE]
------Freedom of Information Act (EC2909) [12AP]
------Government in the Sunshine Act (EC2768) [15MR]
------streamlining report (EC2549) [7FE]
Nuclear Waste Technical Review Board: Federal Managers' Financial
Integrity Act (EC2414) [25JA]
Occupational Safety and Health Review Commission: Federal
Managers' Financial Integrity Act (EC2496) [1FE]
Office of Federal Procurement Policy: Cost Accounting Standards
Board report (EC2748) [10MR]
Office of Government Ethics: Freedom of Information Act (EC2807)
[21MR] (EC2925) [12AP]
Office of National Drug Control Policy: legislation relative to
acts of violence against civilian aircraft (EC3557) [20JY]
Office of Navajo and Hopi Indian Relocation: Inspector General
(EC4079) [1DE]
Office of Science and Technology: Freedom of Information Act
(EC2804) [21MR]
Office of Special Counsel: Freedom of Information Act (EC2719)
[7MR]
Office of Thrift Supervision: compensation plan report (EC2733)
[9MR]
------consumers report (EC2923) [12AP]
------preservation of minority savings associations report
(EC2934) [13AP]
OMB: accounts containing unvouchered expenditures report (EC2455)
[25JA]
------Board for International Broadcasting excess grants to Radio
Free Europe and Radio Free Liberty, Inc. (EC2901) [12AP]
(EC3778) [12SE]
------budget rescissions and deferrals (EC2211, EC2212) [25JA]
(EC2576) [22FE] (EC2777) [16MR] (EC2967) [18AP] (EC3180)
[16MY] (EC3367) [14JN] (EC3469) [12JY] (EC3675) [11AU]
(EC3804) [13SE] (EC3953) [1DE]
------changes in outlays or receipts (EC2304, EC2305, EC2306,
EC2307, EC2308, EC2309) [25JA] (EC2310, EC2311, EC2312) [25JA]
(EC2903, EC2904) [12AP] (EC3021) [20AP] (EC3144) [9MY]
(EC3159, EC3160) [11MY] (EC3268) [8JN] (EC3295) [8JN] (EC3539)
[19JY] (EC3663) [9AU] (EC3719) [18AU] (EC3779, EC3780, EC3781)
[12SE] (EC3786, EC3787) [12SE] (EC3859) [21SE] (EC3898) [3OC]
(EC3922) [6OC] (EC4052, EC4053, EC4054, EC4055, EC4056,
EC4057, EC4058, EC4059, EC4060) [1DE] (EC4078) [1DE]
------Computer Matching and Privacy Protection Act implementation
report (EC3818) [13SE]
------direct spending and receipts legislation (EC3498) [12JY]
------estimate of change in outlays or receipts from H.R. 2339,
Technology-Related Assistance for Individuals With
Disabilities Act (EC2798) [21MR]
------estimate of change in outlays or receipts from H.R. 3759,
supplemental appropriations (EC2602) [23FE]
------Federal Acquisition Labor Law Improvement Act report
(EC3579) [28JY]
------Federal financial management status report and Government-
wide 5-year financial management plan report (EC3843) [16SE]
------Freedom of Information Act (EC3785) [12SE]
------independent counsel pay-as-you-go calculations report
(EC3499) [12JY] (EC3509) [13JY] (EC3617, EC3618) [1AU]
------legislation relative to repeal of advisory committees no
longer carrying out established purposes (EC3600) [29JY]
------military personnel accounts report (EC3695) [16AU]
------oppositon to H.R. 4013, Veterans Health Administration
staffing guidelines (EC3013) [3MY]
------permanently canceled procurement-related budgetary resources
report (EC3952) [1DE]
------sequestration report (EC2210) [25JA] (EC2464) [26JA]
(EC3727) [20AU]
------technical assumptions used in estimates of National Defense
Function outlays (EC2214) [25JA]
OPIC: Freedom of Information Act (EC2727) [8MR]
------Inspector General (EC4080) [1DE]
OPM: Civil Service Retirement and Disability Fund (EC3100) [3MY]
(EC3162) [11MY]
------drug and alcohol abuse prevention, treatment, and
rehabilitation programs for Federal employees report (EC4106)
[1DE]
------Federal Employees Health Benefits Program report (EC3453)
[29JN]
------Federal Equal Opportunity Recruitment Program report
(EC2573) [11FE]
------Federal Managers' Financial Integrity Act (EC2528) [3FE]
------financial statements report (EC3447) [29JN]
------Freedom of Information Act (EC2739) [9MR]
------Inspector General (EC2381, EC2382) [25JA] (EC3405) [21JN]
(EC3446) [29JN]
------management report (EC2382) [25JA]
------physicians' comparability allowance report (EC4107) [1DE]
------Senior Executive Service report (EC2591) [22FE]
Panama Canal Commission: authorizing legislation (EC3009) [19AP]
------Federal Managers' Financial Integrity Act (EC2383) [25JA]
------Freedom of Information Act (EC3320) [8JN]
------Inspector General (EC3302) [8JN] (EC4081) [1DE]
------Panama Canal Act amendment report (EC3566) [22JY]
------unaudited financial statements report (EC2501) [1FE]
Paralyzed Veterans of America: report (EC2565) [10FE]
Peace Corps: Freedom of Information Act (EC2603) [23FE]
Pennsylvania Avenue Development Corp.: audit of financial
statements (EC2941) [13AP]
------development plans appropriations (EC2608) [23FE]
------Freedom of Information Act (EC2717) [7MR]
------report (EC3462) [30JN]
Pension Benefit Guaranty Corp.: Freedom of Information Act
(EC2910) [12AP] (EC3024) [20AP] (EC3033) [21AP]
Physician Payment Review Commission: fee update and Medicare
volume performance standards report (EC3168) [11MY] (EC3650)
[5AU]
Postal Rate Commission: Federal Managers' Financial Integrity Act
(EC2385) [25JA]
------Freedom of Information Act (EC2544) [7FE]
------Government in the Sunshine Act (EC2604) [23FE]
------Inspector General (EC2384) [25JA] (EC4082) [1DE]
Postal Service: annual report (EC2517) [2FE]
Potomac Electric Power Co.: balance sheet report (EC2560) [10FE]
Prospective Payment Assessment Commission: medicare and health
care system report (EC2669) [1MR] (EC3334) [8JN]
Public and Assisted Housing Occupancy Task Force: report (EC2935)
[13AP]
Railroad Retirement Board: budget requests (EC3827, EC3828) [13SE]
------Government in the Sunshine Act (EC2988) [18AP]
------Program Fraud Civil Remedies Act (EC4083) [1DE]
------railroad retirement system actuarial status (EC2844) [23MR]
(EC3504, EC3507) [12JY]
Reserve Officers Association: report (EC3792) [12SE]
Resolution Funding Corp.: report (EC3460) [30JN]
Retired Enlisted Association: report (EC3165) [11MY]
RTC: Affordable Housing Disposition Program report (EC2972) [18AP]
(EC3965) [1DE]
------Freedom of Information Act (EC2718) [7MR]
------litigation reports (EC3138) [9MY] (EC3963) [1DE]
------professional conduct investigations reports (EC3964) [1DE]
------report (EC3089, EC3090) [3MY] (EC3474) [12JY] (EC3537)
[18JY] (EC3960) [1DE]
------unaudited financial statements report (EC3891) [3OC]
SBA: Freedom of Information Act (EC2685) [2MR]
------Inspector General (EC3394) [17JN]
------Natural Resource Development Program report (EC3077) [28AP]
------Small Business Investment Act amendments (EC3046, EC3047)
[25AP] (EC3821) [13SE]
SEC: annual report (EC2853) [24MR]
------appropriations request report (EC3379) [14JN]
------Federal Managers' Financial Integrity Act (EC2415) [25JA]
[[Page 2750]]
------Freedom of Information Act (EC2728) [8MR]
------Inspector General (EC2396) [25JA] (EC3321) [8JN]
------Securities Investor Protection Corp. report (EC3347) [9JN]
Selective Service System: Freedom of Information Act (EC2832)
[23MR]
------Inspector General (EC2397) [25JA]
Smithsonian Institution: Inspector General (EC2398) [25JA]
(EC3322) [8JN]
State Justice Institute: Federal Managers' Financial Integrity Act
(EC2497) [1FE]
Supreme Court: costs of protective functions report (EC2688) [2MR]
------Federal Rules of Appellate Procedure report (EC3082) [2MY]
------Federal Rules of Bankruptcy Procedure report (EC3083) [2MY]
------Federal Rules of Criminal Procedure report (EC3084) [2MY]
------Federal Rules of Evidence report (EC3085) [2MY]
------notification relative to beginning of 1994 fall term
(EC3845) [16SE]
Thrift Depositor Protection Oversight Board: Freedom of
Information Act (EC2668) [1MR]
------Inspector General (EC2400) [25JA] (EC3323) [8JN]
------Office of Thrift Supervision report (EC2227) [25JA]
------reports (EC2796) [21MR] (EC3089) [3MY] (EC3342) [9JN]
(EC3436) [29JN] (EC3475) [12JY] (EC3754) [12SE] (EC3891) [3OC]
(EC3960, EC3966) [1DE]
TVA: report (EC2865) [24MR]
U.S. Court of Appeals for the District of Columbia: opinions
(EC2820) [23MR] (EC3527) [14JY] (EC3541) [19JY] (EC3711)
[16AU] (EC4103, EC4104, EC4117) [1DE]
U.S. Enrichment Corp.: report (EC2673) [2MR] (EC4088) [1DE]
U.S. Sentencing Commission: guidelines report (EC3087) [2MY]
U.S. Tax Court: retirement and annuity plans report (EC4089) [1DE]
U.S. Trade and Development Agency: Federal Managers' Financial
Integrity Act (EC2416) [25JA] (EC3056) [26AP]
------Freedom of Information Act (EC2914) [12AP]
U.S. Trade Representative: ``Super 301'' statute investigations
report (EC3114) [4MY]
------Trade Act implementation report (EC3066) [26AP]
USIA: Bureau of Education and Cultural Affairs report (EC4051)
[1DE]
------Diplomacy in the Information Age report (EC2303) [25JA]
------Federal Managers' Financial Integrity Act (EC2409) [25JA]
------Freedom of Information Act (EC2684) [2MR]
------Inspector General (EC2407, EC2408) [25JA] (EC3325) [8JN]
VFW: audit report (EC2434) [25JA]
------National Convention proceedings report (EC2779) [16MR]
Woodrow Wilson Center: Inspector General report (EC2645) [28FE]
(EC4090) [1DE]
EXECUTIVE DEPARTMENTS
related term(s) Federal Employees; Presidents of the United States
Appointments
Conferees: H.R. 4624, Depts. of Veterans Affairs, HUD, and sundry
independent agencies appropriations [17AU]
------S. 1587, Federal Acquisition Streamlining Act [4AU]
Bills and resolutions
Administrative Conference of the U.S.: extend (see H.R. 4490)
[25MY]
Budget: setting forth the Federal budget for 1995-99 (see H. Con.
Res. 218) [8MR]
------setting forth the Federal budget for 1995-99 (H. Con. Res.
218), consideration (see H. Res. 384) [9MR]
Contracts: procurement of services relative to the ability of
Federal employees to perform same duties at lower costs (see
H.R. 4486) [25MY]
------revise and streamline Federal procurement and acquisition
laws (S. 1587), corrections in enrollment (see H. Con. Res.
291) [20SE]
Dept. of HUD: discourage interference with the exercise of the
rights of free speech, free association, and the petition of
Government for redress of grievances (see H. Con. Res. 294)
[22SE]
Dept. of Justice: appointment of independent counsel to
investigate certain internal criminal allegations (see H.R.
3834) [9FE]
Dept. of the Interior and related agencies: making appropriations
(see H.R. 4602) [17JN]
------making appropriations (H.R. 4602), consideration (see H.
Res. 458) [21JN]
------making appropriations (H.R. 4602), consideration of
conference report (see H. Res. 547) [26SE]
Dept. of the Treasury: establish the Office of Personal Savings
Promotion (see H.R. 3908) [24FE]
Depts. of Veterans Affairs, HUD, and sundry independent agencies:
authorizing appropriations (see H.R. 4624) [22JN]
Federal employees: accumulation of annual leave relative to
closure and realignment of military installations (see H.R.
3723) [25JA]
------prohibit contract employees from duties once performed by
employees that accepted voluntary separation incentive
payments (see H.R. 4488) [25MY]
------record-keeping requirements of usage of motor vehicles owned
or leased by Federal agencies (see H.R. 5122) [28SE]
Government: close appropriation accounts available for an
indefinite period (see H.R. 5237) [6OC]
------listing of telephone numbers on stationary of Federal
agencies (see H.R. 4352) [5MY]
------preparation of private property taking impact analyses (see
H.R. 4418) [12MY]
------reduce power and reach of Federal Government (see H.R. 4585)
[16JN]
Government regulations: judicial review of Federal agency
compliance with regulatory flexibility analysis requirements
(H.R. 830), consideration (see H. Res. 415) [3MY]
Lobbyists: prohibit former Members of Congress convicted of a
felony from lobbying in the legislative or executive branch of
Government (see H.R. 5174) [4OC]
OMB: determine and report number of employees working under
contract for executive branch agencies (see H.R. 4487) [25MY]
Public buildings: leasing requirements (see H.R. 4972) [16AU]
Women: establish offices of women's health within certain agencies
(see H.R. 3874) [22FE]
Messages
Dept. of HUD Report: President Clinton [10MY]
Federal Advisory Committees: President Clinton [5MY]
Federal Labor Relations Authority: President Clinton [3OC]
Rescissions and Deferrals of Budget Authority: President Clinton
[7FE]
Setting Forth the Federal Budget for 1995: President Clinton [7FE]
Motions
Budget: setting forth the Federal budget for 1995-99 (H. Con. Res.
218) [14AP]
Contracts: revise and streamline Federal procurement and
acquisition laws (S. 1587), insert language of H.R. 2238 in
lieu [27JN]
Dept. of Agriculture: reorganization (S. 1970) [28SE]
Dept. of the Interior and related agencies: making appropriations
(H.R. 4602) [23JN] [13SE] [27SE]
Depts. of Veterans Affairs, HUD, and sundry independent agencies:
authorizing appropriations (H.R. 4624) [29JN]
------authorizing appropriations (H.R. 4624), conference report
[12SE]
Reports by conference committees
Dept. of the Interior and Related Agencies Appropriations (H.R.
4602) [22SE]
Depts. of Veterans Affairs, HUD, and Sundry Independent Agencies
Appropriations (H.R. 4624) [26AU]
Federal Acquisition Streamlining Act (S. 1587) [21AU]
Setting Forth the Federal Budget for 1995-99 (H. Con. Res. 218)
[4MY]
Reports filed
Administrative Conference of the U.S. Extension: Committee on the
Judiciary (House) (H.R. 4490) (H. Rept. 103-854) [7OC]
Consideration of Conference Report on H.R. 4602, Dept. of the
Interior and Related Agencies Appropriations: Committee on
Rules (House) (H. Res. 547) (H. Rept. 103-749) [26SE]
Consideration of H. Con. Res. 218, Setting Forth the Federal
Budget for 1995-99: Committee on Rules (House) (H. Res. 384)
(H. Rept. 103-429) [9MR]
Consideration of H.R. 3171, Dept. of Agriculture Reorganization:
Committee on Rules (House) (H. Res. 544) (H. Rept. 103-744)
[23SE]
Consideration of H.R. 4602, Dept. of the Interior and Related
Agencies Appropriations: Committee on Rules (House) (H. Res.
458) (H. Rept. 103-554) [21JN]
Consideration of H.R. 4624, Depts. of Veterans Affairs, HUD, and
Sundry Independent Agencies Appropriations: Committee on Rules
(House) (H. Res. 465) (H. Rept. 103-563) [27JN]
Construction of Dept. of Veterans Affairs Medical Facilities:
Committee on Veterans Affairs (House) (H.R. 4425) (H. Rept.
103-518) [20MY]
Dept. of Agriculture Reorganization: Committee on Agriculture
(House) (H.R. 3171) (H. Rept. 103-714) [23AU] [21SE]
Dept. of Commerce Patent and Trademark Office Appropriations:
Committee on the Judiciary (House) (H.R. 4608) (H. Rept. 103-
777) [3OC]
Dept. of HUD Supplemental Appropriations: Committee on
Appropriations (House) (H.R. 4568) (H. Rept. 103-550) [17JN]
Dept. of the Interior and Related Agencies Appropriations:
Committee on Appropriations (House) (H.R. 4602) (H. Rept. 103-
551) [17JN]
------committee of conference (H.R. 4602) (H. Rept. 103-740)
[22SE]
Depts. of Veterans Affairs, HUD, and Sundry Independent Agencies
Appropriations: Committee on Appropriations (House) (H.R.
4624) (H. Rept. 103-555) [22JN]
Office of Special Counsel Reauthorization: Committee on Post
Office and Civil Service (House) (H.R. 2970) (H. Rept. 103-
769) [30SE]
Setting Forth the Federal Budget for 1995-99: Committee on the
Budget (House) (H. Con. Res. 218) [8MR]
------committee of conference (H. Con. Res. 218) (H. Rept. 103-
490) [4MY]
Vegetable Ink Printing Act: Committee on Government Operations
(House) (S. 716) (H. Rept. 103-625) [28JY]
Waiving Points of Order Against Conference Report on H. Con. Res.
218, Setting Forth the Federal Budget for 1995-99: Committee
on Rules (House) (H. Res. 418) (H. Rept. 103-494) [4MY]
EXECUTIVE NOMINATIONS AND CONFIRMATIONS
see Presidential Appointments
EXECUTIVE OFFICE OF THE PRESIDENT
Appointments
Conferees: H.R. 4539, Dept. of the Treasury, Postal Service,
Executive Office of the President, and independent agencies
appropriations [16AU]
------S. 24, independent counsel reauthorization [10FE]
White House Conference on Aging Policy Committee [21JN] [22JY]
Bills and resolutions
Defense conversion: consolidate administration of activities (see
H.R. 4638) [23JN]
Dept. of the Treasury, Postal Service, Executive Office of the
President, and independent agencies: making appropriations
(H.R. 4539), Senate amendments (see H. Res. 479) [14JY]
------making appropriations (H.R. 4539), consideration (see H.
Res. 447) [8JN]
------making appropriations (H.R. 4539), consideration of
conference report (see H. Res. 537) [21SE]
OMB: determine and report number of employees working under
contract for executive branch agencies (see H.R. 4487) [25MY]
[[Page 2751]]
Presidents of the U.S.: civil immunity from lawsuits (see H.R.
4958) [12AU]
Urban areas: establish Geno Baroni Commission on Neighborhoods and
provide for White House Conference on Neighborhoods (see H.R.
4580) [14JN]
White House Conference on Savings: convene (see H. Con. Res. 211)
[24FE]
Motions
Dept. of the Treasury, Postal Service, Executive Office of the
President, and independent agencies: making appropriations
(H.R. 4539) [15JN] [16AU] [19SE]
------making appropriations (H.R. 4539), conference report [22SE]
[27SE]
Independent counsel: reauthorize (H.R. 811) [10FE]
------reauthorize (S. 24) [10FE]
Reports by conference committees
Dept. of the Treasury, Postal Service, Executive Office of the
President, and Independent Agencies Appropriations (H.R. 4539)
[20SE] [22SE]
Independent Counsel Reauthorization (S. 24) [19MY]
Reports filed
Consideration of Conference Report on H.R. 4539, Dept. of the
Treasury, Postal Service, Executive Office of the President,
and Independent Agencies Appropriations: Committee on Rules
(House) (H. Res. 537) (H. Rept. 103-736) [21SE]
Consideration of H.R. 811, Independent Counsel Reauthorization:
Committee on Rules (House) (H. Res. 352) (H. Rept. 103-419)
[8FE]
Consideration of H.R. 4539, Dept. of the Treasury, Postal Service,
Executive Office of the President, and Independent Agencies
Appropriations: Committee on Rules (House) (H. Res. 447) (H.
Rept. 103-537) [8JN]
Consideration of S. 24, Independent Counsel Reauthorization:
Committee on Rules (House) (H. Res. 439) (H. Rept. 103-527)
[24MY]
Dept. of the Treasury, Postal Service, Executive Office of the
President, and Independent Agencies Appropriations: Committee
on Appropriations (House) (H.R. 4539) (H. Rept. 103-534)
[26MY] [9JN]
------committee of conference (H.R. 4539) (H. Rept. 103-729)
[20SE]
------committee of conference (H.R. 4539) (H. Rept. 103-741)
[22SE]
Independent Counsel Reauthorization: committee of conference (S.
24) (H. Rept. 103-511) [19MY]
Office of Government Ethics Appropriations: Committee on Post
Office and Civil Service (House) (H.R. 2289) (H. Rept. 103-
785) [3OC]
------Committee on the Judiciary (House) (H.R. 2289) (H. Rept.
103-785) [7OC]
EXERCISE TIGER DAY
Bills and resolutions
Designate (see H.J. Res. 305) [25JA]
EXPORT ADMINISTRATION ACT
Bills and resolutions
Enact (see H.R. 3937) [2MR]
Enact (H.R. 3937): consideration (see H. Res. 474) [12JY]
Extend (see H.R. 4635, 5009) [23JN] [21AU]
Reports filed
Consideration of H.R. 3937, Provisions: Committee on Rules (House)
(H. Res. 474) (H. Rept. 103-596) [12JY]
Provisions: Committee on Armed Services (House) (H.R. 3937) (H.
Rept. 103-531) [17JN]
------Committee on Foreign Affairs (House) (H.R. 3937) (H. Rept.
103-531) [25MY]
------Committee on Intelligence (House, Select) (H.R. 3937) (H.
Rept. 103-531) [16JN]
------Committee on Ways and Means (House) (H.R. 3937) (H. Rept.
103-531) [17JN]
EXPORT-IMPORT BANK
Bills and resolutions
Defense articles: finance export of nonlethal defense articles and
services (see H.R. 4455) [19MY]
Foreign trade: export of nonlethal defense articles and services
(see H.R. 5165) [4OC]
Reports filed
Eximbank Financing for the Export of Nonlethal Defense Articles
and Services: Committee on Banking, Finance and Urban Affairs
(House) (H.R. 4455) (H. Rept. 103-681) [8AU]
FAIR CREDIT REPORTING ACT
Reports filed
Provisions (H.R. 1015) (H. Rept. 103-486) [28AP]
FAIR HOUSING ACT
Bills and resolutions
Housing: establish sanctions for the filing of certain complaints
(see H.R. 4954) [12AU]
FAIR LABOR STANDARDS ACT
Bills and resolutions
Education: application of minimum wage and overtime compensation
laws to educational enterprise employees (see H.R. 4547) [8JN]
Employment: coverage of vision impaired or blind individuals (see
H.R. 3966) [7MR]
Firefighters: exempt firefighters and rescue squad workers from
certain provisions of the Fair Labor Standards Act relative to
volunteer work in a professional capacity (see H.R. 3949)
[3MR]
FAIR TRADE IN AUTO PARTS ACT
Bills and resolutions
Authorities: extend (see H.R. 3749) [26JA]
FAIR TRADE LAWS
see Foreign Trade
FALEOMAVAEGA, ENI F.H. (a Delegate from American Samoa)
Appointments
Conferee: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 2739, Airport and Airway Improvement Act appropriations
[26JY]
Interparliamentary Union [17MR]
Bills and resolutions introduced by
Hall, James N.: tribute (see H. Con. Res. 215) [3MR]
FAMILIES AND DOMESTIC RELATIONS
related term(s) Children and Youth
Appointments
Commission on Child and Family Welfare [22MR] [12AP]
Conferees: S. 2000, Head Start, LIHEAP, Community Development
Block Grant Program, and Coordinated Services for Children,
Youth, and Families reauthorization [28AP]
Bills and resolutions
Child support: improve collection system (see H.R. 5225) [6OC]
Children and youth: confer court jurisdiction for the enforcement
of child support payment (see H.R. 5001) [19AU]
------placement of children for adoption and foster care relative
to race, color, or national origin (see H.R. 4181) [12AP]
Courts: protections for individuals changing their name to avoid
domestic violence (see H. Con. Res. 280) [11AU]
D-Day Widows and Orphans National Recognition Day: designate (see
H.J. Res. 408) [12SE]
Dept. of State: passport denials to noncustodial parents subject
to State arrest warrants for nonpayment of child support (see
H.R. 5175) [4OC]
Diseases: disclosure of HIV status of newborn infants to the legal
guardians (see H.R. 4507) [26MY]
Federal aid programs: job opportunity and training programs
relative to independence from welfare system (see H.R. 3742)
[26JA]
------reauthorization of Head Start, LIHEAP, Community Development
Block Grant Program, and Coordinated Services for Children,
Youth, and Families (S. 2000), consideration of conference
report (see H. Res. 421) [11MY]
Gold Star Mothers Day: designate (see H.J. Res. 346) [24MR]
Health: ensure equal coverage of children under family class
enrollment plans in health care reform (see H.R. 4829) [26JY]
National Foster Care Month: designate (see H.J. Res. 306) [25JA]
National League of Families POW/MIA: display of flag (see H.J.
Res. 369) [24MY]
National objectives: strengthen and preserve families and develop
parental education programs (see H.R. 4187) [13AP]
Son-in-Law Day: designate (see H.J. Res. 348) [24MR]
SSI: provide benefits to needy children for health, child care,
and other support services (see H.R. 3737) [26JA]
Taxation: treatment of pension integration, participation, and
vesting requirements and marital status changes (see H.R.
4367) [5MY]
Veterans: survivor annuity benefits relative to waivers made
before marriage (see H.R. 5004) [19AU]
Motions
Federal aid programs: reauthorization of Head Start, LIHEAP,
Community Development Block Grant Program, and Coordinated
Services for Children, Youth, and Families (S. 2000) [28AP]
Reports by conference committees
Head Start, LIHEAP, Community Development Block Grant Program, and
Coordinated Services for Children, Youth, and Families
Reauthorization (S. 2000) [9MY]
Reports filed
Consideration of Conference Report on S. 2000, Reauthorization of
Certain Federal Aid Programs: Committee on Rules (House) (H.
Res. 421) (H. Rept. 103-502) [11MY]
Head Start, LIHEAP, Community Development Block Grant Program, and
Coordinated Services for Children, Youth, and Families
Reauthorization: committee of conference (S. 2000) (H. Rept.
103-497) [9MY]
Strengthen Federal Prohibitions Against Assaulting Children:
Committee on the Judiciary (House) (H.R. 1120) (H. Rept. 103-
461) [12AP]
Transfer to States Certain Surplus Property for Donation to
Impoverished Individuals: Committee on Government Operations
(House) (H.R. 2461) (H. Rept. 103-656) [3AU]
FARMERS
see Agriculture
FARR, SAM (a Representative from California)
Appointments
Conferee: S. 21, California Desert Protection Act [4OC]
Bills and resolutions introduced by
Citizenship: report on the timeliness of processing applications
for naturalization (see H.R. 4042) [16MR]
Haiti: peacekeeping operations relative to U.N participation and
financing (see H. Con. Res. 311) [6OC]
John Steinbeck Day: designate (see H.J. Res. 423) [4OC]
Service academies: admission of civilians to the professional
schools of the Army Training and Doctrine Command (see H.R.
4273) [20AP]
------admission of civilians to the U.S. Navy Postgraduate School
and the U.S. Air Force Institute of Technology (see H.R. 4272)
[20AP]
FAWELL, HARRIS W. (a Representative from Illinois)
Appointments
Conferee: H.R. 6, education programs appropriations [20SE]
------H.R. 322, Mineral Exploration and Development Act [20MY]
------H.R. 1804, Goals 2000--Educate America Act [23FE] [11MR]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------S. 1587, Federal Acquisition Streamlining Act [4AU]
Bills and resolutions introduced by
Appropriations: rescind unauthorized funds contained in California
earthquake relief legislation (see H.R. 3986) [9MR]
Occupational Safety and Health Act: revise regulations and
programs (see H.R. 4597) [17JN]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
FAZIO, VIC (a Representative from California)
Appointments
Conferee: H.R. 3759, making supplemental appropriations [10FE]
------H.R. 4453, military construction appropriations [26JY]
------H.R. 4454, legislative branch of the Government
appropriations [28JN]
Bills and resolutions introduced by
Commission on Integration of Workers' Compensation Medical
Benefits: establish (see H.R. 4609) [21JN]
[[Page 2752]]
Japan: purchase of rice from U.S. (see H. Con. Res. 274) [27JY]
Legislative branch of the Government: making appropriations (see
H.R. 4454) [19MY]
Native Americans: Federal recognition of the Paskenta Band of
Nomlaki Indians in California (see H.R. 5050) [19SE]
Reports by conference committees
Legislative Branch of the Government Appropriations (H.R. 4454)
[28JN]
Reports filed
Legislative Branch of the Government Appropriations: committee of
conference (H.R. 4454) (H. Rept. 103-567) [28JN]
------Committee on Appropriations (House) (H.R. 4454) (H. Rept.
103-517) [19MY]
FEDERAL ACQUISITION STREAMLINING ACT
Appointments
Conferees: S. 1587, provisions [4AU]
Bills and resolutions
Enact (S. 1587): corrections in enrollment (see H. Con. Res. 291)
[20SE]
Reports by conference committees
Provisions (S. 1587) [21AU]
FEDERAL AGENCIES
see Executive Departments
FEDERAL AGENCY ACCESS ACT
Bills and resolutions
Enact (see H.R. 4352) [5MY]
FEDERAL AID PROGRAMS
Appointments
Advisory Council on Unemployment Compensation [12AP]
Conferees: H.R. 6, education programs appropriations [20SE] [21SE]
------S. 1569, Minority Health Improvement Act [23MY] [26SE]
------S. 2000, Head Start, LIHEAP, Community Development Block
Grant Program, and Coordinated Services for Children, Youth,
and Families reauthorization [28AP]
Bills and resolutions
Agriculture: emergency crop loss assistance for production losses
incurred through hurricane or typhoon damage to papaya,
banana, or other fruit-bearing trees (see H.R. 3829) [9FE]
Appropriations: reauthorization of Head Start, LIHEAP, Community
Development Block Grant Program, and Coordinated Services for
Children, Youth, and Families (S. 2000), consideration of
conference report (see H. Res. 421) [11MY]
Armed Forces: disability compensation rates relative to benefits
paid under the Special Separation Benefits Program (see H.R.
3731) [25JA]
Black Lung Benefits Act: improve (see H.R. 4415) [12MY]
California: declare state of emergency on Federal lands due to
wildfires (see H.R. 4742) [13JY]
Colleges and universities: qualifications for certain education
programs (see H.R. 4341) [4MY]
------substitute educational quality evaluations for cohort
default rates in eligibility determinations for Federal
student assistance programs (see H.R. 4384) [11MY]
Courts: Federal grants for the employment of additional State
prosecutors (see H.R. 3816) [8FE]
Crime: assistance to local educational agencies and community-
based organizations relative to hate crimes (see H.R. 4234)
[14AP]
------deny Federal benefits to persons convicted of fraudulent
representation of residency in more than one State (see H.R.
4883) [1AU]
Dept. of Agriculture: repayment of loans made by private lenders
for development of multifamily rental housing for low- and
moderate-income families in rural areas (see H.R. 4445) [18MY]
Dept. of HUD: improve the management of the project-based rental
assistance program (see H.R. 5115) [28SE]
Disasters: permit extension for filing drawback claims in declared
disaster areas (see H.R. 5118) [28SE]
Education: authorizing appropriations for certain programs (H.R.
6), consideration of conference report (see H. Res. 556)
[29SE]
Employment: job opportunity and training programs relative to
independence from welfare system (see H.R. 3742) [26JA]
------provide employment and training assistance for individuals
working at or residing near a facility or plant scheduled for
significant layoffs (see H.R. 3826) [9FE]
------provide incentives for job apprenticeship programs and study
the consolidation of Federal dislocated worker programs (see
H.R. 3736) [26JA]
Families and domestic relations: placement of children for
adoption and foster care relative to race, color, or national
origin (see H.R. 4181) [12AP]
Health care facilities: authorize grants for free health clinics
that serve uninsured individuals (see H.R. 4431) [17MY]
Housing: improve programs for public and Indian housing (see H.R.
3888) [23FE]
------regulations on public housing agencies (see H.R. 4432)
[17MY]
Housing and community development programs: reauthorize (see H.R.
4310) [28AP]
Howard University: revise and extend endowment program (see H.R.
3740) [26JA]
Martin University: participation in certain education programs
(see H.R. 4342) [4MY]
Medicaid: State coverage of children with special health care
needs (see H.R. 4687) [30JN]
Mental health: provide extension of certain provisions for block
grants for mental health and substance abuse treatment (see
H.R. 5094) [23SE]
Power resources: provide a loan for the Madera-Chowchilla Power
Authority (see H.R. 5099) [26SE]
Public Health Service: improve health of disadvantaged individuals
(S. 1569), consideration of conference report (see H. Res.
574) [6OC]
Public housing: exclude drug or alcohol abusers from occupancy of
units designated for senior citizens (see H.R. 3943) [2MR]
------grants to modernize and replace public housing (see H.R.
4735) [13JY]
Public welfare programs: require any reform legislation with
employment requirements for AFDC recipients be conditional on
State unemployment rate (see H. Con. Res. 226) [17MR]
Public works: establish demonstration program to assist distressed
communities in developing a competitive economic base (see
H.R. 5113) [27SE]
Unemployment: extend emergency compensation (see H.R. 4437) [17MY]
Messages
Reemployment Act: President Clinton [16MR]
Work and Responsibility Act: President Clinton [21JN]
Motions
Appropriations: reauthorization of Head Start, LIHEAP, Community
Development Block Grant Program, and Coordinated Services for
Children, Youth, and Families (S. 2000) [28AP]
Education: authorizing appropriations for certain programs (H.R.
6) [20SE]
------authorizing appropriations for certain programs (H.R. 6),
conference report [30SE]
Public Health Service: improve health of disadvantaged individuals
(S. 1569) [23MY]
Reports by conference committees
Education Programs Appropriations (H.R. 6) [28SE]
Head Start, LIHEAP, Community Development Block Grant Program, and
Coordinated Services for Children, Youth, and Families
Reauthorization (S. 2000) [9MY]
Minority Health Improvement Act (S. 1569) [6OC]
Reports filed
Black Lung Benefits Act Improvements: Committee on Education and
Labor (House) (H.R. 2108) (H. Rept. 103-507) [12MY]
Consideration of Conference Report on H.R. 6, Education Programs
Appropriations: Committee on Rules (House) (H. Res. 556) (H.
Rept. 103-767) [29SE]
Consideration of Conference Report on S. 1569, Minority Health
Improvement Act: Committee on Rules (House) (H. Res. 574) (H.
Rept. 103-845) [6OC]
Consideration of Conference Report on S. 2000, Reauthorization of
Certain Federal Aid Programs: Committee on Rules (House) (H.
Res. 421) (H. Rept. 103-502) [11MY]
Consideration of H.R. 6, Education Programs Appropriations:
Committee on Rules (House) (H. Res. 366) (H. Rept. 103-426)
[23FE]
Consideration of H.R. 2108, Black Lung Benefits Act Improvement:
Committee on Rules (House) (H. Res. 428) (H. Rept. 103-508)
[17MY]
Consideration of H.R. 3838, Housing and Community Development Act:
Committee on Rules (House) (H. Res. 482) (H. Rept. 103-612)
[20JY]
Consideration of S. 1066, Restore Federal Services to the Pokagon
Band of Potawatomi Indians: Committee on Rules (House) (H.
Res. 502) (H. Rept. 103-648) [1AU]
Disaster Avoidance and Response Plans and Development of Relief
and Reinsurance Plans: Committee on Public Works and
Transportation (House) (H.R. 2873) (H. Rept. 103-848) [7OC]
Education Programs Appropriations: committee of conference (H.R.
6) (H. Rept. 103-761) [28SE]
------Committee on Education and Labor (House) (H.R. 6) (H. Rept.
103-425) [22FE]
Head Start, LIHEAP, Community Development Block Grant Program, and
Coordinated Services for Children, Youth, and Families
Reauthorization: committee of conference (S. 2000) (H. Rept.
103-497) [9MY]
------Committee on Education and Labor (House) (H.R. 4250) (H.
Rept. 103-483) [26AP]
Housing and Community Development Act: Committee on Banking,
Finance and Urban Affairs (House) (H.R. 3838) (H. Rept. 103-
607) [18JY]
Minority Health Improvement Act: committee of conference (S. 1569)
(H. Rept. 103-843) [6OC]
Restoration of Federal Services to the Pokagon Band of Potawatomi
Indians: Committee on Natural Resources (House) (S. 1066) (H.
Rept. 103-620) [25JY]
Tribal Self-Governance Act: Committee on Natural Resources (House)
(H.R. 3508) (H. Rept. 103-653) [3AU]
Water Desalination Act: Committee on Natural Resources (House)
(H.R. 4944) (H. Rept. 103-821) [3OC]
FEDERAL AVIATION ACT
related term(s) Airlines, Airports, and Aeronautics
Reports filed
General Aviation Revitalization Act: Committee on Public Works and
Transportation (House) (S. 1458) (H. Rept. 103-525) [24MY]
------Committee on the Judiciary (House) (S. 1458) (H. Rept. 103-
525) [24JN]
FEDERAL AVIATION ADMINISTRATION
related term(s) Department of Transportation
Bills and resolutions
Air traffic control: establish a control system as an independent
Government corporation (see H.R. 5209) [6OC]
Dallas/Fort Worth Airport, TX: adjust designation of controlled
airspace (see H.R. 5182) [5OC]
Independent agencies: establish as an independent agency (see H.R.
5274) [7OC]
FEDERAL BUREAU OF INVESTIGATION
Bills and resolutions
Credit: require disclosures by credit reporting agencies to the
FBI for counterintelligence purposes (see H.R. 5143) [30SE]
Firearms: allow certain former agents to carry concealed firearms
(see H.R. 3971) [8MR]
Pratt, Elmer (Geronimo): reconsideration of California conviction
and investigation into relative FBI information (see H. Res.
392) [17MR]
States: require reporting of certain crime information to the FBI
(see H.R. 5152) [30SE]
FEDERAL COMMUNICATIONS COMMISSION
Bills and resolutions
Television: local service areas of primary transmitters (S. 2406),
technical corrections (see H.R. 5303) [29NO]
Reports filed
Appropriations: Committee on Energy and Commerce (House) (H.R.
4522) (H. Rept. 103-844) [6OC]
[[Page 2753]]
FEDERAL COORDINATING COUNCIL ON COMMUNITY SAFETY AND EMPOWERMENT
Bills and resolutions
Establish (see H.R. 4185) [13AP]
FEDERAL COUNCIL ON THE AGING
Appointments
Members [21JN]
Messages
Report: President Clinton [11MY]
FEDERAL CROP INSURANCE REFORM ACT
Bills and resolutions
Enact (H.R. 4217): concur in Senate amendment with an amendment
(see H. Res. 559) [3OC]
------consideration (see H. Res. 507) [4AU]
Reports filed
Consideration of H.R. 4217, Provisions: Committee on Rules (House)
(H. Res. 507) (H. Rept. 103-666) [4AU]
Provisions: Committee on Agriculture (House) (H.R. 4217) (H. Rept.
103-649) [1AU]
FEDERAL DEPOSIT INSURANCE CORP.
related term(s) Financial Institutions
Appointments
Conferees: H.R. 3474, Community Development, Credit Enhancement,
and Regulatory Improvement Act [21AP] [23MY]
Bills and resolutions
Financial institutions: administrative requirements of insured
depository institutions (H.R. 3474), consideration of
conference report (see H. Res. 506) [3AU]
------prohibit FDIC insured institutions from imposing fees on
deposits of rolled coins by individuals under a certain age
(see H.R. 5051) [19SE]
Reports by conference committees
Community Development, Credit Enhancement, and Regulatory
Improvement Act (H.R. 3474) [2AU]
Reports filed
Community Development, Credit Enhancement, and Regulatory
Improvement Act: committee of conference (H.R. 3474) (H. Rept.
103-652) [2AU]
Consideration of Conference Report on H.R. 3474, Community
Development, Credit Enhancement, and Regulatory Improvement
Act: Committee on Rules (H. Res. 506) (H. Rept. 103-659) [3AU]
FEDERAL ELECTION CAMPAIGN ACT
Bills and resolutions
Elections: reporting requirements (see H.R. 4703) [30JN]
FEDERAL EMERGENCY MANAGEMENT AGENCY
Bills and resolutions
Disasters: establish national policy (see H. Con. Res. 267) [19JY]
Taxation: treatment of crop insurance proceeds and disaster
payments (see H.R. 5109) [27SE]
Reports filed
Disaster Avoidance and Response Plans and Development of Relief
and Reinsurance Plans: Committee on Public Works and
Transportation (House) (H.R. 2873) (H. Rept. 103-848) [7OC]
FEDERAL EMPLOYEES
related term(s) Executive Departments
Appointments
Conferees: H.R. 3345, Federal Workforce Restructuring Act [11MR]
Bills and resolutions
Benefits: transportation benefits for family members of official
who dies after transferring to place of service (see H.R.
4549) [8JN]
Claims: awards limitation on false claims actions (see H.R. 3849)
[10FE]
Dept. of Defense: accumulation of annual leave relative to closure
and realignment of military installations (see H.R. 3723)
[25JA]
Dept. of Justice: appointment of independent counsel to
investigate certain internal criminal allegations (see H.R.
3834) [9FE]
Employment: employee training restrictions, and temporary
voluntary separation incentive (H.R. 3345), consideration (see
H. Res. 357) [9FE]
------incentives for suggestions, inventions, or other efforts
which cause monetary savings to the Government (see H.R. 4467)
[20MY]
Executive departments: procurement of service contracts relative
to the ability of Federal employees to perform same duties at
lower costs (see H.R. 4486) [25MY]
Federal Employees Health Benefits Program: enrollment of
individuals currently in a health plan administered by the
Comptroller of the Currency or the Office of Thrift
Supervision (see H.R. 5164) [4OC]
Foreign countries: reemployment of individuals involuntarily
separated from teaching positions in foreign countries (see
H.R. 3975) [8MR]
GAO: provide for an executive director of the Personnel Appeals
Board (see H.R. 5103) [26SE]
Government: listing of telephone numbers on stationary of Federal
agencies (see H.R. 4352) [5MY]
------standardize health benefits claim forms for Federal
employees and the Uniformed Services (see H.R. 4241) [18AP]
House of Representatives: official travel requirements (see H.R.
5293) [29NO]
Income: annuity formula computation for early retirees due to a
force reduction (see H.R. 4214) [14AP]
Members of Congress: ensure equal coverage and benefits as private
citizens under national health care system (see H. Res. 434)
[23MY]
------use of general Federal employees annuity formula (see H.R.
4200, 5167) [13AP] [4OC]
Motor vehicles: record-keeping requirements of usage of motor
vehicles owned or leased by Federal agencies (see H.R. 5122)
[28SE]
Privacy: rights (see H. Con. Res. 227) [18MR]
Taxation: treatment of government pensions relative to Social
Security (see H.R. 4648) [24JN]
Messages
Federal Labor Relations Authority: President Clinton [3OC]
Motions
Employment: employee training restrictions, and temporary
voluntary separation incentive (H.R. 3345) [11MR]
------employee training restrictions, and temporary voluntary
separation incentive (H.R. 3345), conference report [23MR]
Reports by conference committees
Federal Workforce Restructuring Act (H.R. 3345) [16MR]
Reports filed
Administrative Review of Federal Employees Discrimination Claims:
Committee on Post Office and Civil Service (House) (H.R. 2721)
[19AU]
Consideration of H.R. 3345, Employee Training Restriction
Elimination and Temporary Voluntary Separation Incentive:
Committee on Rules (House) (H. Res. 357) (H. Rept. 103-422)
[9FE]
Coverage of Court Officials Under Federal Employees Group Life
Insurance Program: Committee on Post Office and Civil Service
(House) (H.R. 3297) (H. Rept. 103-855) [7OC]
Dept. of Defense Overseas Teacher Pay and Personnel Practices:
Committee on Post Office and Civil Service (House) (H.R. 3499)
(H. Rept. 103-598) [13JY]
Employment Discrimination Claims Review: Committee on Education
and Labor (House) (H.R. 2721) (H. Rept. 103-599) [13JY]
Federal Employees Family Friendly Leave Act: Committee on Post
Office and Civil Service (House) (H.R. 4361) (H. Rept. 103-
722) [19SE]
Federal Workforce Restructuring Act: committee of conference (H.R.
3345) (H. Rept. 103-435) [16MR]
Garnishment of Federal Retirement Annuities Relative to a Judgment
Against an Annuitant for Child Abuse: Committee on Post Office
and Civil Service (House) (H.R. 3694) (H. Rept. 103-721)
[19SE]
Office of Government Ethics Appropriations: Committee on Post
Office and Civil Service (House) (H.R. 2289) (H. Rept. 103-
785) [3OC]
------Committee on the Judiciary (House) (H.R. 2289) (H. Rept.
103-785) [7OC]
Reemployment of Postal Service Retirees in Temporary Positions
Relative to Annuity Offsets: Committee on Post Office and
Civil Service (House) (H.R. 3246) (H. Rept. 103-594) [12JY]
Staffing Guidelines for the Veterans Health Administration and
Establishment of Health Care Delivery Programs: Committee on
Veterans' Affairs (House) (H.R. 4013) (H. Rept. 103-477)
[14AP]
Waiving Points of Order Against Conference Report on H.R. 3345,
Federal Workforce Restructuring Act: Committee on Rules
(House) (H. Res. 388) (H. Rept. 103-436) [16MR]
Workplace Safety for Federal and Postal Service Employees:
Committee on Post Office and Civil Service (House) (H.R. 115)
(H. Rept. 103-858) [7OC]
FEDERAL EMPLOYEES FAMILY FRIENDLY LEAVE ACT
Reports filed
Provisions: Committee on Post Office and Civil Service (House)
(H.R. 4361) (H. Rept. 103-722) [19SE]
FEDERAL ENERGY REGULATORY COMMISSION
Bills and resolutions
Hydroelectric power: extension of deadline for construction of
hydroelectric project in Ohio (see H.R. 5031) [13SE]
------license extension (see H.R. 4911) [5AU]
FEDERAL FOOD, DRUG, AND COSMETIC ACT
Messages
Radiation Control for Health and Safety Act: President Clinton
[22FE]
Reports filed
Government Regulations on Orphan Drugs: Committee on Energy and
Commerce (House) (H.R. 4865) (H. Rept. 103-746) [26SE]
FEDERAL GOVERNMENT
see Government--U.S.
FEDERAL HOME LOAN BANK ACT
Bills and resolutions
RTC: require competitive procedures for procuring property and
services (see H.R. 5251) [7OC]
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT
Reports filed
Minor Crop Protection Act: Committee on Agriculture (House) (H.R.
967) (H. Rept. 103-784) [3OC]
FEDERAL LABOR RELATIONS AUTHORITY
Messages
Federal Labor Relations Authority: President Clinton [3OC]
FEDERAL MARITIME COMMISSION
Reports filed
Federal Maritime Commission Appropriations: Committee on Merchant
Marine and Fisheries (H.R. 4391) (H. Rept. 103-716) [12SE]
FEDERAL OPEN MARKET COMMITTEE
see Federal Reserve System
FEDERAL POWER MARKETING ADMINISTRATION
Bills and resolutions
Power resources: transfer of property and equipment to public and
private entities (see H.R. 3780) [2FE]
FEDERAL PREVAILING RATE ADVISORY COMMITTEE
Messages
Report: President Clinton [14JN]
FEDERAL PRISON INDUSTRIES
Bills and resolutions
Correctional institutions: provide for a demonstration project
(see H.R. 5081) [22SE]
FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT
Reports filed
Improve Government Procurement Process: Committee on Armed
Services (House) (H.R. 2238) (H. Rept. 103-545) [17JN]
------Committee on Government Operations (House) (H.R. 2238) (H.
Rept. 103-545) [13JN]
FEDERAL RAILROAD SAFETY ACT
Messages
Annual Report: President Clinton [2FE]
Reports filed
Amendments: Committee on Energy and Commerce (House) (H.R. 4545)
(H. Rept. 103-655) [3AU]
FEDERAL REGISTER
Bills and resolutions
Small business: require White House Conference on Small Business
to publish final report in the Federal Register and to
distribute copies to SBA regional offices (see H.R. 4874)
[1AU]
[[Page 2754]]
FEDERAL REGULATIONS
see Government regulations
FEDERAL RESERVE BOARD
see Federal Reserve System
FEDERAL RESERVE SYSTEM
Reports filed
Uncertainty and Data Quality Problems Affecting Federal Reserve
Monetary Policy: Committee on Government Operations (House)
(H. Rept. 103-866) [29NO]
FEDERAL TRADE COMMISSION
Bills and resolutions
Government regulations: issue trade regulation rule to release the
prescription of contact lenses (see H.R. 5195) [5OC]
Telephones: consumer protection in telephone sales (H.R. 868),
Senate amendment (see H. Res. 488) [25JY]
Reports by conference committees
Appropriations (H.R. 2243) [21JY]
Reports filed
FTC Appropriations: committee of conference (H.R. 2243) (H. Rept.
103-617) [21JY]
International Antitrust Enforcement Assistance Act: Committee on
the Judiciary (House) (H.R. 4781) (H. Rept. 103-772) [3OC]
FEDERAL WATER POLLUTION CONTROL ACT
Bills and resolutions
Water pollution: eligibility of State and local government
employees to serve on State boards that issue permits for
discharges into navigable waters (see H.R. 5150) [30SE]
FEDERAL WORKFORCE RESTRUCTURING ACT
Appointments
Conferees: H.R. 3345, provisions [11MR]
Bills and resolutions
Federal employees: prohibit contract employees from duties once
performed by employees that accepted voluntary separation
incentive payments (see H.R. 4488) [25MY]
Motions
Enact (H.R. 3345) [11MR]
------conference report [23MR]
Reports by conference committees
Provisions (H.R. 3345) [16MR]
Reports filed
Provisions: committee of conference (H.R. 3345) (H. Rept. 103-435)
[16MR]
Waiving Points of Order Against Conference Report of H.R. 3345,
Provisions: Committee on Rules (House) (H. Res. 388) (H. Rept.
103-436) [16MR]
FEDERAL-STATE RELATIONS
Bills and resolutions
Courts: Federal recognition of certain State laws relative to
confidentiality privileges (see H.R. 3985) [9MR]
Gambling: limit authority of States to regulate gambling devices
on vessels (see H.R. 5242) [7OC]
Local government: reduce State and local costs due to unfunded
Federal mandates (see H.R. 4771) [14JY]
Public lands: increase payments to units of general local
government for entitlement lands (S. 455), consideration (see
H. Res. 565) [4OC]
Roads and highways: conversion of signs to metric units (see H.R.
3766) [2FE]
Territories: self-government relative to development of articles
of incorporation with the Federal Government (see H.R. 4442)
[17MY]
Reports filed
Consideration of S. 455, Payments in Lieu of Taxes Act: Committee
on Rules (House) (H. Res. 565) (H. Rept. 103-830) [4OC]
Payments in Lieu of Taxes Act: Committee on Natural Resources
(House) (S. 455) (H. Rept. 103-838) [5OC]
FEGLI LIVING BENEFITS ACT
Reports filed
Provisions: Committee on Post Office and Civil Service (House)
(H.R. 512) (H. Rept. 103-608) [18JY]
FIELDS, CLEO (a Representative from Louisiana)
Bills and resolutions introduced by
Lower Mississippi Delta region: initiatives to address certain
needs (see H.R. 4043) [16MR]
FIELDS, JACK (a Representative from Texas)
Appointments
Conferee: H.R. 322, Mineral Exploration and Development Act [20MY]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------S. 21, California Desert Protection Act [4OC]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Animals: conservation of rhinoceros and tigers (see H.R. 3987,
4924) [9MR] [9AU]
Library of Congress: protection of books and materials (see H.R.
4248) [19AP]
Panama Canal Commission: reconstitute as an independent Government
corporation (see H.R. 5221) [6OC]
Taxation: tax credit for purchase of child restraint systems for
motor vehicles (see H.R. 5068) [21SE]
U.N. Convention on the Law of the Sea: ratification relative to
seabed mining agreement (see H. Con. Res. 268) [19JY]
Waterways: require immediate removal of sunken or grounded vessels
obstructing navigable waterways (see H.R. 3812) [8FE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
FIFTY ONE (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 4937) [10AU]
FILNER, BOB (a Representative from California)
Bills and resolutions introduced by
Contracts: defense contractor consolidation savings relative to
job training and creation (see H.R. 5012) [21AU]
Taxation: regulation of life insurance companies (see H.R. 4510)
[26MY]
------treatment of life insurance company policy holder dividends
and certain policy acquisition expenses (see H.R. 5064) [20SE]
Veterans: benefits for Philippine service in World War II (see
H.R. 4701) [30JN]
Water pollution: ocean discharge and waste water reclamation (see
H.R. 5176) [5OC]
FINANCIAL INSTITUTIONS
Appointments
Conferees: H.R. 3474, Community Development, Credit Enhancement,
and Regulatory Improvement Act [21AP] [23MY]
------H.R. 3841, Interstate Banking Efficiency Act [12MY] [26MY]
Bills and resolutions
Banks and banking: interstate banking and branching (H.R. 3841),
consideration of conference report (see H. Res. 505) [3AU]
Commission on International Coordination of Financial Regulation:
establish (see H.R. 4261) [20AP]
Credit: civil penalties for unlawful billing under a consumer
credit plan (see H.R. 4629) [22JN]
Depository Institution Management Interlocks Act: extend certain
exemptions (see H.R. 3959) [3MR]
Depository institutions: administrative requirements (H.R. 3474),
consideration of conference report (see H. Res. 506) [3AU]
------include in financial reports information on derivative
financial instruments (see H.R. 4170) [12AP]
Dept. of Agriculture: repayment of loans made by private lenders
for development of multifamily rental housing for low- and
moderate-income families in rural areas (see H.R. 4445) [18MY]
Dept. of HUD: reform the single family mortgage insurance program
(see H.R. 4484) [24MY]
Dept. of the Treasury: establish the Office of Personal Savings
Promotion (see H.R. 3908) [24FE]
Executive Office of the President: convene a White House
Conference on Savings (see H. Con. Res. 211) [24FE]
Foreign countries: treatment of U.S. banks (see H.R. 4926) [9AU]
------treatment of U.S. banks (H.R. 4926), consideration (see H.
Res. 543) [23SE]
Government regulations: depository institution service
corporations (see H.R. 4097) [21MR]
------Federal regulation of derivatives activities (see H.R. 3748)
[26JA]
Housing: grants for economic development activities relative to
certain loan guarantees (see H.R. 3793) [3FE]
National Savings Month: designate (see H. Res. 403) [12AP]
RTC: require competitive procedures for procuring property and
services (see H.R. 5251) [7OC]
Securities: permit refunding of certain bonds (see H.R. 4397)
[11MY]
Small business: authorize appropriations for loans to concerns
detrimentally affected by defense reductions (see H.R. 4026)
[11MR]
Territories: representation of Guam and Virgin Islands on Federal
home loan bank boards (see H.R. 4076) [17MR]
Messages
Federal Prevailing Rate Advisory Committee: President Clinton
[14JN]
Reports by conference committees
Community Development, Credit Enhancement, and Regulatory
Improvement Act (H.R. 3474) [2AU]
Interstate Banking Efficiency Act (H.R. 3841) [2AU]
Reports filed
Community Development, Credit Enhancement, and Regulatory
Improvement Act: committee of conference (H.R. 3474) (H. Rept.
103-652) [2AU]
Consideration of Conference Report on H.R. 3474, Community
Development, Credit Enhancement, and Regulatory Improvement
Act: Committee on Rules (H. Res. 506) (H. Rept. 103-659) [3AU]
Consideration of Conference Report on H.R. 3841, Interstate
Banking Efficiency Act: Committee on Rules (House) (H. Res.
505) (H. Rept. 103-658) [3AU]
Consideration of H.R. 4926, Treatment of U.S. Banks by Foreign
Countries: Committee on Rules (House) (H. Res. 543) (H. Rept.
103-743) [23SE]
Foreign Country Treatment of U.S. Banks: Committee on Banking,
Finance and Urban Affairs (H.R. 4926) (H. Rept. 103-727)
[19SE]
Interstate Banking Efficiency Act: committee of conference (H.R.
3841) (H. Rept. 103-651) [2AU]
------Committee on Banking, Finance and Urban Affairs (House)
(H.R. 3841) (H. Rept. 103-448) [22MR]
Money Laundering Suppression Act: Committee on Banking, Finance
and Urban Affairs (House) (H.R. 3235) (H. Rept. 103-438)
[21MR]
FINGERHUT, ERIC (a Representative from Ohio)
Bills and resolutions introduced by
Federal aid programs: job opportunity and training programs
relative to independence from welfare system (see H.R. 3742)
[26JA]
FIRE PREVENTION
Bills and resolutions
Arson: grants for research, prevention, and control (H.R. 1727),
Senate amendments (see H. Res. 413) [26AP]
Forests: forest health improvement programs on Federal lands
through the use of land stewardship contracts (see H.R. 5007)
[20AU]
FIREARMS
related term(s) Weapons
Appointments
Conferees: H.R. 3355, Violent Crime Control and Law Enforcement
Act [17MY] [23MY] [22JN] [19AU]
Bills and resolutions
Assault weapons: prohibit transfer or sale (H.R. 4296),
consideration (see H. Res. 416) [4MY]
Buy-back programs: assistance for State and local programs
exchanging merchandise vouchers for firearms (see H.R. 3771)
[2FE]
Courts: close loopholes in laws which allow unregulated
manufacture or transport of firearms or firearms parts (see
H.R. 5285) [7OC]
Crime: compensation for victims from persons who provide firearms
to disqualified individuals (see H.R. 5284) [7OC]
[[Page 2755]]
------national policy to control crime and reform court procedures
(H.R. 3355), consideration of conference report (see H. Res.
517, 522, 526) [10AU] [16AU] [21AU]
------national policy to control crime and reform court procedures
(H.R. 4092), consideration (see H. Res. 401) [12AP]
------possession of stolen firearms or ammunition (see H.R. 4973)
[17AU]
FBI: allow certain former agents to carry concealed firearms (see
H.R. 3971) [8MR]
Goods for Guns Month: designate (see H.J. Res. 422) [30SE]
Handguns: promote safety and reduce violence (see H.R. 3932) [1MR]
Housing: termination of tenancy in public housing of individuals
involved in firearm-related criminal activity (see H.R. 4254)
[19AP]
Individuals With Disabilities Education Act: treatment of disabled
children charged with firearms possession (see H.R. 4395)
[11MY]
Law enforcement: establish system to ensure that only legally
eligible individuals may purchase firearms including modifying
driver's license identification and format (see H.R. 5232)
[6OC]
Licensed dealers: prohibit the sale of firearms or ammunition to
an intoxicated person (see H.R. 3852) [10FE]
Public housing: prohibit possession or discharge (see H.R. 4237)
[18AP]
Purchase: regulation and licensing of distribution (see H.R. 4591)
[16JN]
Motions
Crime: national policy to control crime and reform court
procedures (H.R. 3355) [21AP]
------national policy to control crime and reform court procedures
(H.R. 3355), conference report [15JN] [16JN] [21JN] [22JN]
[23JN] [28JN] [29JN] [12JY] [19JY] [20JY] [21JY] [25JY] [26JY]
------national policy to control crime and reform court procedures
(H.R. 4092) [14AP] [19AP] [21AP]
Reports by conference committees
Violent Crime Control and Law Enforcement Act (H.R. 3355) [10AU]
[21AU]
Reports filed
Consideration of Conference Report on H.R. 3355, Violent Crime
Control and Law Enforcement Act: Committee on Rules (House)
(H. Res. 517) (H. Rept. 103-697) [10AU]
------Committee on Rules (House) (H. Res. 522) (H. Rept. 103-707)
[16AU]
------Committee on Rules (House) (H. Res. 526) (H. Rept. 103-713)
[21AU]
Consideration of H.R. 4092, National Policy To Control Crime and
Reform Court Procedures: Committee on Rules (House) (H. Res.
395) (H. Rept. 103-449) [22MR]
------Committee on Rules (House) (H. Res. 401) (H. Rept. 103-474)
[12AP]
Consideration of H.R. 4296, Prohibit Transfer or Sale of Assault
Weapons: Committee on Rules (House) (H. Res. 416) (H. Rept.
103-492) [4MY]
Prohibit Transfer or Sale of Assault Weapons: Committee on the
Judiciary (House) (H.R. 4296) (H. Rept. 103-489) [2MY]
Violent Crime Control and Law Enforcement Act: committee of
conference (H.R. 3355) (H. Rept. 103-694) [10AU]
------committee of conference (H.R. 3355) (H. Rept. 103-711)
[21AU]
FIREFIGHTERS
Bills and resolutions
California: declare state of emergency on Federal lands due to
wildfires (see H.R. 4742) [13JY]
Fire prevention: grants for arson research, prevention, and
control (H.R. 1727), Senate amendments (see H. Res. 413)
[26AP]
Volunteer workers: exempt firefighters and rescue squad workers
from certain provisions of the Fair Labor Standards Act
relative to volunteer work in a professional capacity (see
H.R. 3949) [3MR]
FISCAL YEAR
see Budget--U.S.
FISH, HAMILTON, JR. (a Representative from New York)
Appointments
Conferee: H.R. 820, National Competitiveness Act [19JY]
------H.R. 3841, Interstate Banking Efficiency Act [12MY]
------S. 24, independent counsel reauthorization [10FE]
------S. 349, Lobbying Disclosure Act [24MR]
------S. 1485, Satellite Carrier Compulsory License Extension Act
[16AU]
------S. 1587, Federal Acquisition Streamlining Act [4AU]
U.S. Military Academy Board of Visitors [21JN]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
FISH AND FISHING
related term(s) Marine Mammals
Bills and resolutions
Ab-Original (vessel): certificate of documentation (see H.R. 3806)
[3FE]
Alaska: regulate fishing in certain waters (see H.R. 4943) [11AU]
Arkansas: conveyance of the Corning National Fish Hatchery (see
H.R. 4253) [19AP]
------conveyance of William H. Donham State Fish Hatchery by Dept.
of the Interior (see H.R. 4082) [17MR]
Dept. of Commerce: negotiated rulemaking dispute resolution
relative to groundfish fishery management (see H.R. 4932)
[10AU]
Endangered species: conservation of threatened and endangered
species (see H.R. 3978) [8MR]
------economic impact analyses relative to certain protective
actions (see H.R. 3997) [10MR]
Marine Mammal Protection Act: authorizing appropriations (S.
1636), Senate amendments (see H. Res. 412) [26AP]
Minnesota: convey the New London National Fish Hatchery production
facility (see H.R. 5190) [5OC]
Ships and vessels: amend the licensing of a vessel owned by Ronnie
C. Fisheries, Inc. for coastwise trade and fisheries of the
U.S. (see H.R. 5239) [6OC]
------licensing of a vessel for employment in the coastwise trade
and fisheries of the U.S. (see H.R. 4424) [12MY]
U.S. Fish and Wildlife Service: feasibility study to establish a
national angler's license (see H.R. 4038) [15MR]
Messages
Agreement Between the U.S. and the People's Republic of China
Relative to Fisheries: President Clinton [20SE]
Extension of Fishery Agreement With Annex Between the U.S. and
Lithuania: President Clinton [19JY]
Reports filed
Atlantic Striped Bass Conservation Act Amendments: Committee on
Merchant Marine and Fisheries (House) (H.R. 4504) (H. Rept.
103-584) [12JY]
Conveyance of the Corning National Fish Hatchery to Arkansas:
Committee on Merchant Marine and Fisheries (House) (H.R. 4253)
(H. Rept. 103-586) [12JY]
Fish, Wildlife, and Natural Resources Management on Military
Installations: Committee on Merchant Marine and Fisheries
(House) (H.R. 3300) (H. Rept. 103-718) [12SE]
Fishermen's Protective Act: Committee on Merchant Marine and
Fisheries (House) (H.R. 3817) (H. Rept. 103-585) [12JY]
Marine Mammal Protection Act Reauthorization: Committee on
Merchant Marine and Fisheries (House) (H.R. 2760) (H. Rept.
103-439) [21MR]
Monitor Effect of Foreign Trade Actions on the Environment:
Committee on Merchant Marine and Fisheries (House) (H.R. 4734)
(H. Rept. 103-760) [28SE]
FLAGS
Bills and resolutions
National League of Families POW/MIA: display of flag (see H.J.
Res. 369) [24MY]
FLAG--U.S.
Bills and resolutions
Constitutional amendments: prohibit desecration (see H.J. Res.
428) [7OC]
FLAKE, FLOYD H. (a Representative from New York)
Appointments
Conferee: H.R. 3474, Community Development, Credit Enhancement,
and Regulatory Improvement Act [21AP]
Bills and resolutions introduced by
AFDC: improve State administration (see H.R. 4546) [8JN]
Latimer, Lewis Howard: issuance of commemorative postage stamp
(see H. Con. Res. 252) [25MY]
Liberia: economic assistance (see H.R. 4238) [18AP]
FLOOD CONTROL
see Floods
FLOODS
related term(s) Disasters
Bills and resolutions
Taxation: treatment of crop insurance proceeds and disaster
payments (see H.R. 5109) [27SE]
Reports filed
National Flood Insurance Program Revision: Committee on Banking,
Finance and Urban Affairs (House) (H.R. 3191) (H. Rept. 103-
414) [26JA]
FLORIDA
Bills and resolutions
Escambia County, FL: convey certain lands to a political
subdivision of Florida (see H.R. 3953) [3MR]
Key West Naval Air Station: convey land (see H.R. 4740) [13JY]
FLORISSANT, MO
Bills and resolutions
John L. Lawler, Jr., Post Office: designate (see H.R. 4596) [17JN]
FOGLIETTA, THOMAS M. (a Representative from Pennsylvania)
Appointments
Conferee: H.R. 4453, military construction appropriations [26JY]
------H.R. 4556, Dept. of Transportation and related agencies
appropriations [20SE]
Bills and resolutions introduced by
Bureau of Justice Assistance: programs to create safe corridors
for senior citizens (see H.R. 4116) [23MR]
Check cashing services: State regulation (see H.R. 3998) [10MR]
Independence National Historic Park: inclusion and restoration of
Washington Square (see H.R. 4642) [23JN]
FOLEY, THOMAS S. (a Representative from Washington)
related term(s) Speaker of the House of Representatives
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Committee for the funeral of William H. Natcher [12AP]
FOOD
related term(s) Agriculture
Bills and resolutions
Agriculture: establish a reserve fund to reimburse milk producers
for certain losses (see H.R. 4134) [24MR]
------export subsidies for durum wheat (see H.R. 5142) [30SE]
------milk content and prices (see H.R. 4923) [9AU]
Food industry: coordinate recommendations for improvements of meat
and poultry inspection programs (see H.R. 4562) [9JN]
------regulation of labeling terms for poultry (see H.R. 4839)
[27JY]
Food stamps: use of benefits to purchase nutritional supplements
(see H.R. 5219) [6OC]
Health: national policy to promote healthy diet (see H.R. 4795)
[19JY]
ITC: monitoring of tomato and pepper imports (see H.R. 4794)
[19JY]
Meat, Poultry, and Eggs Inspection Agency: establish (see H.R.
3751) [26JA]
National U.S. Seafood Week: designate (see H.J. Res. 387) [12JY]
Messages
Imports of Honey From the People's Republic of China: President
Clinton [21AP]
Reports filed
Minor Crop Protection Act: Committee on Agriculture (House) (H.R.
967) (H. Rept. 103-784) [3OC]
World Food Program--Funding and Management Improvements Can
Strengthen Delivery of Food Aid: Committee on Government
Operations (House) (H. Rept. 103-865) [29NO]
FOOD ADDITIVES
related term(s) Vitamins
Bills and resolutions
Food stamps: use of benefits to purchase nutritional supplements
(see H.R. 5219) [6OC]
[[Page 2756]]
FOOD AND DRUG ADMINISTRATION
Appointments
Conferees: H.R. 4554, agriculture, rural development, FDA, and
related agencies programs appropriations [13SE]
Bills and resolutions
Agriculture, rural development, FDA, and related agencies
programs: making appropriations (H.R. 4554), return amendment
to Senate (see H. Res. 518) [12AU]
Motions
Agriculture, rural development, FDA, and related agencies
programs: making appropriations (H.R. 4554) [17JN] [13SE]
------making appropriations (H.R. 4554), conference report [23SE]
Reports by conference committees
Agriculture, Rural Development, FDA, and Related Agencies
Appropriations (H.R. 4554) [20SE]
Reports filed
Agriculture, Rural Development, FDA, and Related Agencies
Appropriations (H.R. 4554): committee of conference (H. Rept.
103-734) [20SE]
------Committee on Appropriations (House) (H.R. 4554) (H. Rept.
103-542) [9JN]
Collection of Application Fees for Medical Device Approvals:
Committee on Energy and Commerce (House) (H.R. 4864) (H. Rept.
103-751) [26SE]
Consideration of H.R. 4554, Agriculture, Rural Development, FDA,
and Related Agencies Programs Appropriations: Committee on
Rules (House) (H. Res. 455) (H. Rept. 103-548) [15JN]
FOOD INDUSTRY
Bills and resolutions
Agriculture: establish a reserve fund to reimburse milk producers
for certain losses (see H.R. 4134) [24MR]
------require nutrient fortification of commodities provided for
feeding programs (see H.R. 5171) [4OC]
Food inspection: coordinate recommendations for improvements of
meat and poultry inspection programs (see H.R. 4562) [9JN]
Health: national policy to promote healthy diet (see H.R. 4795)
[19JY]
ITC: monitoring of tomato and pepper imports (see H.R. 4794)
[19JY]
Meat, Poultry, and Eggs Inspection Agency: establish (see H.R.
3751) [26JA]
Perishable Agriculture Commodities Act: imposition of fees for
violations (see H.R. 4581) [15JN]
Poultry: regulation of labeling terms (see H.R. 4839) [27JY]
Water: bottled water contaminant level requirements (see H.R.
4651) [27JN]
FOOD SECURITY ACT
Reports filed
Exemption of Triple Base Acreage From Certain Highly Erodible Land
and Wetland Conservation Regulations: committee of conference
(H.R. 1587) (H. Rept. 103-712) [21AU]
FORD, HAROLD E. (a Representative from Tennessee)
Appointments
Conferee: H.R. 6, education programs appropriations [20SE]
------H.R. 4277, establish Social Security Administration as an
independent agency [21JN]
------H.R. 4278, Social Security Domestic Employment Reform Act
[21JN]
------S. 1569, Minority Health Improvement Act [26SE]
FORD, WILLIAM D. (a Representative from Michigan)
Appointments
Committee for the Funeral of William H. Natcher [12AP]
Conferee: H.R. 6, education programs appropriations [20SE]
------H.R. 322, Mineral Exploration and Development Act [20MY]
------H.R. 820, National Competitiveness Act [19JY]
------H.R. 1804, Goals 2000--Educate America Act [23FE] [11MR]
------H.R. 2739, Airport and Airway Improvement Act appropriations
[26JY]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------S. 21, California Desert Protection Act [4OC]
------S. 1587, Federal Acquisition Streamlining Act [4AU]
------S. 2000, Head Start, LIHEAP, Community Development Block
Grant Program, and Coordinated Services for Children, Youth,
and Families reauthorization [28AP]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Committee on Education and Labor (House): expenses for
investigations and studies (see H. Res. 345) [3FE]
Education: national policy to improve system (H.R. 1804),
corrections in enrollment (see H. Con. Res. 230) [23MR]
Employment: establish a system of reemployment, job training, and
income support services (see H.R. 4050, 5166) [16MR] [4OC]
------minimize adverse effects of dislocation (see H.R. 4072)
[17MR]
National American Lacemaker Month: designate (see H.J. Res. 352)
[13AP]
Motions offered by
Education: national policy to improve system (H.R. 1804) [23FE]
Reports by conference committees
School-to-Work Opportunities Act (H.R. 2884) [19AP]
Reports filed
Activities of the Committee on Education and Labor During the 103d
Congress: Committee on Education and Labor (House) (H. Rept.
103-872) [20DE]
Black Lung Benefits Act Improvements: Committee on Education and
Labor (House) (H.R. 2108) (H. Rept. 103-507) [12MY]
Coverage of Federal Labor Laws on Foreign Documented Vessels:
Committee on Education and Labor (House) (H.R. 1517) (H. Rept.
103-818) [3OC]
Education Programs Appropriations: committee of conference (H.R.
6) (H. Rept. 103-761) [28SE]
------Committee on Education and Labor (House) (H.R. 6) (H. Rept.
103-425) [22FE]
Employment Discrimination Claims Review: Committee on Education
and Labor (House) (H.R. 2721) (H. Rept. 103-599) [13JY]
Extension of Certain Nutrition and School Lunch Programs:
Committee on Education and Labor (House) (H.R. 8) (H. Rept.
103-535) [8JN]
Federal Construction Procurement and Prevailing Wage Protection
for Construction Workers: Committee on Education and Labor
(House) (H.R. 1231) (H. Rept. 103-856) [7OC]
Goals 2000--Educate America Act: committee of conference (H.R.
1804) (H. Rept. 103-446) [21MR]
Head Start, LIHEAP, Community Development Block Grant Program, and
Coordinated Services for Children, Youth, and Families
Reauthorization: committee of conference (S. 2000) (H. Rept.
103-497) [9MY]
------Committee on Education and Labor (House) (H.R. 4250) (H.
Rept. 103-483) [26AP]
Health Security Act: Committee on Education and Labor (House)
(H.R. 3600) (H. Rept. 103-601) [22JY]
National Policy To Provide Health Care and Reform Insurance
Procedures: Committee on Education and Labor (House) (H.R.
3960) (H. Rept. 103-618) [22JY]
OSHA Reform: Committee on Education and Labor (House) (H.R. 1280)
(H. Rept. 103-825) [3OC]
Retirement Protection Act: Committee on Education and Labor
(House) (H.R. 3396) (H. Rept. 103-632) [26AU]
School-to-Work Opportunities Act: committee of conference (H.R.
2884) (H. Rept. 103-480) [19AP]
FOREIGN AID
related term(s) Foreign Policy
Bills and resolutions
Middle East Development Initiative: establish (see H.R. 3818)
[8FE]
Pakistan: U.S. policy on suspected involvement with terrorism,
drug trafficking, and nuclear weapons (see H. Res. 541) [22SE]
Russia: requirements relative to economic assistance (see H.R.
3992) [9MR]
Tajikistan: promote resolution of conflict and respect for human
rights (see H. Con. Res. 214) [3MR]
Reports filed
Foreign Aid Assistance to Promote Peaceful Resolution of Conflicts
in Africa: Committee on Foreign Affairs (House) (H.R. 4541)
(H. Rept. 103-723) [19SE]
International Narcotics Control Corrections Act: Committee on
Foreign Affairs (House) (H.R. 5030) (H. Rept. 103-724) [19SE]
World Food Program--Funding and Management Improvements Can
Strengthen Delivery of Food Aid: Committee on Government
Operations (House) (H. Rept. 103-865) [29NO]
FOREIGN COUNTRIES
Appointments
Conferees: H.R. 4950, Jobs Through Trade Expansion Act [4OC]
Bills and resolutions
Agriculture: prohibit importation of sugar from countries that
import sugar from Cuba (see H.R. 5298) [29NO]
Airlines: discourage the practice in foreign countries of
disinsection of aircraft while passengers are aboard (see H.
Con. Res. 307) [5OC]
Aliens: identification of undocumented aliens receiving health
care services (see H.R. 3930) [1MR]
------negotiation of prisoner transfer treaties (see H.R. 4627)
[22JN]
Courts: require plaintiff in a diversity of citizenship case not
be a resident of the State in which case is brought (see H.R.
4446) [18MY]
Dept. of Defense: allied burden sharing for maintenance and
operation of military personnel and installations in foreign
countries (see H.R. 5129) [29SE]
Federal employees: reemployment of individuals involuntarily
separated from teaching positions in foreign countries (see
H.R. 3975) [8MR]
Financial institutions: treatment of U.S. banks by foreign
countries (see H.R. 4926) [9AU]
Foreign trade: exports of medical devices (see H.R. 5188) [5OC]
GATT: ratification (H.R. 5110), consideration (see H. Res. 564)
[4OC]
Immigration: status of the visa waiver program (see H.R. 4707)
[30JN]
India: independence anniversary (see H. Res. 430) [18MY]
Israel: anniversary of the reunification of Jerusalem (see H. Con.
Res. 239) [14AP]
Panama Canal Commission: reconstitute as an independent Government
corporation (see H.R. 5221) [6OC]
Rwanda: U.S. policy on humanitarian and political plight (see H.
Res. 453) [13JN]
Messages
Emigration Laws and Policies of Bulgaria: President Clinton [21JY]
Export Control Regulations: President Clinton [12JY]
Exports to the People's Republic of China: President Clinton
[13JY]
GATT Implementation Agreements: President Clinton [27SE]
International Emergency Economic Powers Act: President Clinton
[30SE]
National Emergency With Respect to Haiti: President Clinton [30SE]
National Emergency With Respect to Iraq: President Clinton [3MR]
National Emergency With Respect to Libya: President Clinton [10FE]
[19JY]
U.S. Government Activities in the U.N.: President Clinton [19AU]
Motions
Iraq: adjudication of claims (H.R. 3221) [28AP]
Reports by conference committees
Jobs Through Trade Expansion Act (H.R. 4950) [4OC]
Reports filed
Consideration of H.R. 3221, Adjudication of Claims Against Iraq:
Committee on Rules (House) (H. Res. 410) (H. Rept. 103-481)
[21AP]
[[Page 2757]]
Consideration of H.R. 4926, Treatment of U.S. Banks by Foreign
Countries: Committee on Rules (House) (H. Res. 543) (H. Rept.
103-743) [23SE]
Consideration of H.R. 5110, GATT Ratification: Committee on Rules
(House) (H. Res. 564) (H. Rept. 103-829) [4OC]
Foreign Country Treatment of U.S. Banks: Committee on Banking,
Finance and Urban Affairs (H.R. 4926) (H. Rept. 103-727)
[19SE]
GATT Ratification: Committee on Energy and Commerce (House) (H.R.
5110) (H. Rept. 103-826) [3OC]
------Committee on Ways and Means (House) (H.R. 5110) (H. Rept.
103-826) [3OC]
International Antitrust Enforcement Assistance Act: Committee on
the Judiciary (House) (H.R. 4781) (H. Rept. 103-772) [3OC]
International Narcotics Control Corrections Act: Committee on
Foreign Affairs (House) (H.R. 5030) (H. Rept. 103-724) [19SE]
Jobs Through Trade Expansion Act: committee of conference (H.R.
4950) (H. Rept. 103-834) [4OC]
------Committee on Foreign Affairs (House) (H.R. 4950) (H. Rept.
103-726) [19SE]
Jurisdiction of U.S. Courts in Cases Involving Torture or
Extrajudicial Killings in Foreign Countries: Committee on the
Judiciary (House) (H.R. 934) (H. Rept. 103-702) [16AU]
U.S. Shipbuilding and Repair Industry: Committee on Natural
Resources (House) (H.R. 1402) (H. Rept. 103-589) [12JY]
FOREIGN INVESTMENTS
Bills and resolutions
Taxation: treatment of controlled foreign corporation
distributions relative to investment of the distributions in
the U.S. (see H.R. 3933) [1MR]
FOREIGN POLICY
Appointments
Conferees: H.R. 4426, foreign operations, export financing, and
related programs appropriations [28JY]
Conference of the Interparliamentary Union [12SE]
Interparliamentary Union [17MR] [18MR]
Mexico-U.S. Interparliamentary Group [17MR]
North Atlantic Assembly [25MY]
Bills and resolutions
Agriculture: prohibit importation of sugar from countries that
import sugar from Cuba (see H.R. 5298) [29NO]
Aliens: identification of undocumented aliens receiving health
care services (see H.R. 3930) [1MR]
Cambodia: most-favored-nation status (see H.R. 4530) [26MY]
China, People's Republic of: most-favored-nation status (see H.J.
Res. 373) [8JN]
------most-favored-nation status (H.J. Res. 373), consideration
(see H. Res. 509) [5AU]
------most-favored-nation status (H.R. 4590), consideration (see
H. Res. 509) [5AU]
Coast Guard: maintenance of vessels in foreign shipyards (see H.R.
4666) [28JN]
Commission on International Coordination of Financial Regulation:
establish (see H.R. 4261) [20AP]
Cuba: oppose admission as a member of international financial
institutions (see H.R. 5296) [29NO]
Cuban Democracy Act: repeal (see H.R. 4941) [11AU]
Dept. of Defense: allied burden sharing for maintenance and
operation of military personnel and installations in foreign
countries (see H.R. 5129) [29SE]
Export Administration Act: extend (see H.R. 5009) [21AU]
Financial institutions: treatment of U.S. banks by foreign
countries (see H.R. 4926) [9AU]
Foreign countries: withhold contributions to certain organizations
that assist Iraq, Iran, Libya, and Cuba (see H.R. 5295) [29NO]
Foreign operations, export financing, and related programs: making
appropriations (H.R. 4426), consideration (see H. Res. 441,
443) [24MY] [25MY]
Foreign trade: administration of export controls (see H.R. 3937)
[2MR]
------export control regime to stem proliferation of military and
strategic products and technology to countries that may
jeopardize international or U.S. national security (see H.
Res. 549) [27SE]
GATT: ratification (H.R. 5110), consideration (see H. Res. 564)
[4OC]
Germany: withdrawal of U.S. troops from Berlin (see H. Res. 476)
[12JY]
Haiti: adjustment of lawful permanent resident status of Haitians
in the U.S. (see H.R. 4249) [19AP]
------support democracy restoration, grant temporary protected
status to alien Haitians in U.S., and terminate migrant
interdiction agreement (see H.R. 4264) [20AP]
------U.S. proposal of international conservatorship (see H. Con.
Res. 260) [24JN]
Kashmir World Action Day: designate (see H. Res. 477) [12JY]
Middle East Development Initiative: establish (see H.R. 3818)
[8FE]
NATO: assist transition of certain countries to NATO membership
(see H.R. 4210) [14AP]
------U.S. policy (see H.R. 4358) [5MY]
Pakistan: U.S. policy on suspected involvement with terrorism,
drug trafficking, and nuclear weapons (see H. Res. 541) [22SE]
Russia: pursuit of negotiations to reduce the number of deployed
strategic nuclear warheads (see H. Con. Res. 306) [4OC]
------requirements relative to economic assistance (see H.R. 3992)
[9MR]
Rwanda: U.S. policy on humanitarian and political plight (see H.
Res. 453) [13JN]
Saudi Arabia: resolution of commercial disputes with U.S. firms
(see H.R. 4096) [21MR]
Tajikistan: promote resolution of conflict and respect for human
rights (see H. Con. Res. 214) [3MR]
Vietnam: U.S. policy relative to human rights progress (see H.
Con. Res. 216) [8MR]
Water: U.S.-Mexico wastewater treatment works funding (see H.R.
4401) [12MY]
Messages
Addition of Ukraine to the Generalized System of Preferences:
President Clinton [3MR]
Blocking of Property in the U.S. of Certain Haitian Nationals:
President Clinton [22JN]
Chemical and Biological Weapons: President Clinton [23MY]
Compliance of Emigration Laws and Policies With Respect to
Bulgaria: President Clinton [26JA]
Continuation of Emergency With Respect to Yugoslavia: President
Clinton [25MY]
Cooperation on the Uses of Atomic Energy for Mutual Defense
Purposes Between the U.S. and the United Kingdom: President
Clinton [23MY]
Emigration Laws and Policies of Bulgaria: President Clinton [21JY]
European Atomic Energy Community: President Clinton [9MR]
Export Control Regulations: President Clinton [12JY]
Extension of Fishery Agreement With Annex Between the U.S. and
Lithuania: President Clinton [19JY]
GATT Implementation Agreements: President Clinton [27SE]
Haitian Embargo: President Clinton [23MY]
International Emergency Economic Powers Act: President Clinton
[30SE]
National Emergency With Respect to Angola: President Clinton
[12AP]
National Emergency With Respect to Haiti: President Clinton [30SE]
National Emergency With Respect to Iran: President Clinton [17MY]
National Emergency With Respect to Iraq: President Clinton [3MR]
[2AU]
National Emergency With Respect to Libya: President Clinton [10FE]
[19JY]
National Emergency With Respect to the Former Yugoslavia:
President Clinton [21JN]
National Security Strategy: President Clinton [21JY]
National Union for the Total Independence of Angola: President
Clinton [17AU]
Peace and Security in Bosnia and Herzegovina: President Clinton
[23AU]
Prohibiting Additional Transactions With Haiti: President Clinton
[10JN]
Sanctions Against Haiti: President Clinton [26AP]
South African Interim Government: President Clinton [8JN]
Termination of the Blocking of Panamanian Government Assets:
President Clinton [3OC]
Trade Embargo Against Libya: President Clinton [19JY]
U.S. Government Activities in the U.N.: President Clinton [19AU]
U.S. Sanctions Relative to Haiti: President Clinton [9MY]
Motions
Foreign operations, export financing, and related programs: making
appropriations (H.R. 4426) [25MY] [28JY]
Iraq: adjudication of claims (H.R. 3221) [28AP]
Reports by conference committees
Foreign Operations, Export Financing, and Related Programs
Appropriations (H.R. 4426) [1AU]
Reports filed
Consideration of Conference Report on H.R. 4426, Foreign
Operations, Export Financing, and Related Programs
Appropriations: Committee on Rules (House) (H. Res. 504) (H.
Rept. 103-657) [3AU]
Consideration of H.J. Res. 416, Presence of U.S. Armed Forces in
Haiti: Committee on Rules (House) (H. Res. 570) (H. Rept. 103-
840) [5OC]
Consideration of H.R. 4590 and H.J. Res. 373, Most-Favored-Nation
Status for the People's Republic of China: Committee on Rules
(House) (H. Res. 509) (H. Rept. 103-673) [5AU]
Consideration of H.R. 3221, Adjudication of Claims Against Iraq:
Committee on Rules (House) (H. Res. 410) (H. Rept. 103-481)
[21AP]
Consideration of H.R. 3937, Export Administration Act: Committee
on Rules (House) (H. Res. 474) (H. Rept. 103-596) [12JY]
Consideration of H.R. 4426, Foreign Operations, Export Financing,
and Related Programs Appropriations: Committee on Rules
(House) (H. Res. 441) (H. Rept. 103-529) [24MY]
------Committee on Rules (House) (H. Res. 443) (H. Rept. 103-530)
[25MY]
Consideration of H.R. 4926, Treatment of U.S. Banks by Foreign
Countries: Committee on Rules (House) (H. Res. 543) (H. Rept.
103-743) [23SE]
Consideration of H.R. 5110, GATT Ratification: Committee on Rules
(House) (H. Res. 564) (H. Rept. 103-829) [4OC]
Export Administration Act: Committee on Armed Services (House)
(H.R. 3937) (H. Rept. 103-531) [17JN]
------Committee on Foreign Affairs (House) (H.R. 3937) (H. Rept.
103-531) [25MY]
------Committee on Intelligence (House, Select) (H.R. 3937) (H.
Rept. 103-531) [16JN]
------Committee on Ways and Means (House) (H.R. 3937) (H. Rept.
103-531) [17JN]
Foreign Aid Assistance to Promote Peaceful Resolution of Conflicts
in Africa: Committee on Foreign Affairs (House) (H.R. 4541)
(H. Rept. 103-723) [19SE]
Foreign Country Treatment of U.S. Banks: Committee on Banking,
Finance and Urban Affairs (H.R. 4926) (H. Rept. 103-727)
[19SE]
Foreign Operations, Export Financing, and Related Programs
Appropriations: committee of conference (H.R. 4426) (H. Rept.
103-633) [1AU]
------Committee on Appropriations (House) (H.R. 4426) (H. Rept.
103-524) [23MY]
GATT Ratification: Committee on Energy and Commerce (House) (H.R.
5110) (H. Rept. 103-826) [3OC]
------Committee on Ways and Means (House) (H.R. 5110) (H. Rept.
103-826) [3OC]
International Antitrust Enforcement Assistance Act: Committee on
the Judiciary (House) (H.R. 4781) (H. Rept. 103-772) [3OC]
Jurisdiction of U.S. Courts in Cases Involving Torture or
Extrajudicial Killings in Foreign Countries: Committee on the
Judiciary (House) (H.R. 934) (H. Rept. 103-702) [16AU]
Most-Favored-Nation Status for the People's Republic of China:
Committee on Ways and Means (House) (H.J. Res. 373) (H. Rept.
103-575) [30JN]
------Committee on Ways and Means (House) (H.R. 4590) (H. Rept.
103-640) [1AU]
[[Page 2758]]
Panama Canal Operation and Maintenance Appropriations: Committee
on Merchant Marine and Fisheries (House) (H.R. 4246) (H. Rept.
103-526) [24MY]
Presence of U.S. Armed Forces in Haiti: Committee on Foreign
Affairs (House) (H.J. Res. 416) (H. Rept. 103-819) [3OC]
U.S.-Mexico Border Health Commission Establishment: Committee on
Energy and Commerce (House) (H.R. 2305) (H. Rept. 103-710)
[19AU]
FOREIGN SERVICE
Bills and resolutions
Federal employees: spousal retirement, survivor, and health
benefits qualifications relative to Foreign Service member's
benefits disqualification due to misconduct or disloyalty (see
H.R. 5223) [6OC]
FOREIGN TRADE
related term(s) International Trade; Tariff
Appointments
Advisers to U.S. delegations to international trade agreements
conferences, meetings, and negotiations [8FE]
Conferees: H.R. 4426, foreign operations, export financing, and
related programs appropriations [28JY]
------H.R. 4950, Jobs Through Trade Expansion Act [4OC]
Bills and resolutions
Agriculture: export subsidies for durum wheat (see H.R. 5142)
[30SE]
------prohibit importation of sugar from countries that import
sugar from Cuba (see H.R. 5298) [29NO]
Cambodia: most-favored-nation status (see H.R. 4530) [26MY]
China, People's Republic of: most-favored-nation status (see H.J.
Res. 373) [8JN]
------most-favored-nation status (H.J. Res. 373), consideration
(see H. Res. 509) [5AU]
------most-favored-nation status (H.R. 4590), consideration (see
H. Res. 509) [5AU]
Eximbank: export of nonlethal defense articles and services (see
H.R. 5165) [4OC]
------finance export of nonlethal defense articles and services
(see H.R. 4455) [19MY]
Export Administration Act: extend (see H.R. 4635, 5009) [23JN]
[21AU]
Exports: administration of export controls (see H.R. 3937) [2MR]
------administration of export controls (H.R. 3937), consideration
(see H. Res. 474) [12JY]
------control (see H.R. 4663) [28JN]
Foreign operations, export financing, and related programs: making
appropriations (H.R. 4426), consideration (see H. Res. 441,
443) [24MY] [25MY]
GATT: application of fast-track procedures for implementation (see
H.R. 5163) [4OC]
------budget cuts to compensate for decreased tariff revenues
relative to implementation (see H. Res. 462) [22JN]
------ratification (H.R. 5110), consideration (see H. Res. 564)
[4OC]
Guam: grant authority for giving preference in awarding contracts
to companies employing U.S. citizens, nationals or permanent
resident aliens (see H.R. 5074) [22SE]
Insurance: fair trade in foreign markets (see H.R. 3974) [8MR]
ITC: monitoring of tomato and pepper imports (see H.R. 4794)
[19JY]
Medical devices: exports (see H.R. 5188) [5OC]
Ships and vessels: certificates of documentation for certain
barges for employment in the coastwise and Great Lakes trade
with Canada (see H.R. 4633) [22JN]
------use of the International Tonnage Convention measurement
system in design and construction (see H.R. 5136) [29SE]
Strategic materials: export control regime to stem proliferation
of military and strategic products and technology to countries
that may jeopardize international or U.S. national security
(see H. Res. 549) [27SE]
Tariff: amitraz (see H.R. 4021) [11MR]
------C.I. pigment yellow 139 (see H.R. 5196) [5OC]
------combination microwave convection ovens (see H.R. 4004)
[10MR]
------copper-8-quinolinolate (see H.R. 5026) [12SE]
------di-pentaerythritol (see H.R. 4080) [17MR]
------5-chloro-2-(2,4-dichlorophenoxy) phenol (see H.R. 3995)
[10MR]
------frozen onions (see H.R. 3996) [10MR]
------halosulfuron-methyl (see H.R. 3855) [10FE]
------machinery (see H.R. 3848) [10FE]
------nickel isoindoline pigment (see H.R. 5197) [5OC]
------octadecyl isocyanate (see H.R. 4016) [11MR]
------pigments (see H.R. 3910) [24FE]
------reliquidation of certain entries of imported chemicals (see
H.R. 4674) [29JN]
------textile manufacturing machinery (see H.R. 4098) [21MR]
------2-(4-chloro-2-methyl phenoxy) propionic acid (see H.R. 3856)
[10FE]
Territories: application of tariff provisions to the Virgin
Islands, Guam, and American Samoa (see H.R. 4380, 4628) [10MY]
[22JN]
Messages
Addition of Belarus and Uzbekistan to the Generalized System of
Preferences: President Clinton [17AU]
Addition of South Africa to the Generalized System of Preferences:
President Clinton [21AP]
Addition of Ukraine to the Generalized System of Preferences:
President Clinton [3MR]
Compliance of Emigration Laws and Policies With Respect to
Bulgaria: President Clinton [26JA]
Economic Report of the President: President Clinton [23FE]
Export Control Regulations: President Clinton [12JY] [19AU]
Exports to the People's Republic of China: President Clinton
[13JY]
GATT Implementation Agreements: President Clinton [27SE]
Haitian Embargo: President Clinton [23MY]
Imports of Honey From the People's Republic of China: President
Clinton [21AP]
International Emergency Economic Powers Act: President Clinton
[1AU]
NAFTA Implementation: President Clinton [6OC]
National Emergency With Respect to Angola: President Clinton
[12AP] [20SE]
Prohibiting Additional Transactions With Haiti: President Clinton
[10JN]
Russian Federation's Compliance With Emigration Standards of Trade
Act: President Clinton [21SE]
Sanctions Against Haiti: President Clinton [26AP]
Trade Policy Agenda and Annual Report on the Trade Agreements
Program: President Clinton [8MR]
U.S. Sanctions Relative to Haiti: President Clinton [9MY]
Motions
Foreign operations, export financing, and related programs: making
appropriations (H.R. 4426) [25MY] [28JY]
Reports by conference committees
Foreign Operations, Export Financing, and Related Programs
Appropriations (H.R. 4426) [1AU]
Jobs Through Trade Expansion Act (H.R. 4950) [4OC]
Reports filed
Consideration of Conference Report on H.R. 4426, Foreign
Operations, Export Financing, and Related Programs
Appropriations: Committee on Rules (House) (H. Res. 504) (H.
Rept. 103-657) [3AU]
Consideration of H.R. 4590 and H.J. Res. 373, Most-Favored-Nation
Status for the People's Republic of China: Committee on Rules
(House) (H. Res. 509) (H. Rept. 103-673) [5AU]
Consideration of H.R. 3937, Export Administration Act: Committee
on Rules (House) (H. Res. 474) (H. Rept. 103-596) [12JY]
Consideration of H.R. 4426, Foreign Operations, Export Financing,
and Related Programs Appropriations: Committee on Rules
(House) (H. Res. 441) (H. Rept. 103-529) [24MY]
------Committee on Rules (House) (H. Res. 443) (H. Rept. 103-530)
[25MY]
Consideration of H.R. 5110, GATT Ratification: Committee on Rules
(House) (H. Res. 564) (H. Rept. 103-829) [4OC]
Eximbank Financing for the Export of Nonlethal Defense Articles
and Services: Committee on Banking, Finance and Urban Affairs
(House) (H.R. 4455) (H. Rept. 103-681) [8AU]
Export Administration Act: Committee on Armed Services (House)
(H.R. 3937) (H. Rept. 103-531) [17JN]
------Committee on Foreign Affairs (House) (H.R. 3937) (H. Rept.
103-531) [25MY]
------Committee on Intelligence (House, Select) (H.R. 3937) (H.
Rept. 103-531) [16JN]
------Committee on Ways and Means (House) (H.R. 3937) (H. Rept.
103-531) [17JN]
Foreign Operations, Export Financing, and Related Programs
Appropriations: committee of conference (H.R. 4426) (H. Rept.
103-633) [1AU]
------Committee on Appropriations (House) (H.R. 4426) (H. Rept.
103-524) [23MY]
GATT Ratification: Committee on Energy and Commerce (House) (H.R.
5110) (H. Rept. 103-826) [3OC]
------Committee on Ways and Means (House) (H.R. 5110) (H. Rept.
103-826) [3OC]
Jobs Through Trade Expansion Act: committee of conference (H.R.
4950) (H. Rept. 103-834) [4OC]
------Committee on Foreign Affairs (House) (H.R. 4950) (H. Rept.
103-726) [19SE]
Monitor Effect of Foreign Trade Actions on the Environment:
Committee on Merchant Marine and Fisheries (House) (H.R. 4734)
(H. Rept. 103-760) [28SE]
Most-Favored-Nation Status for the People's Republic of China:
Committee on Ways and Means (House) (H.J. Res. 373) (H. Rept.
103-575) [30JN]
------Committee on Ways and Means (House) (H.R. 4590) (H. Rept.
103-640) [1AU]
National Shipbuilding Initiative: Committee on Merchant Marine and
Fisheries (House) (H.R. 2547) (H. Rept. 103-420) [9FE]
Promote the Export of Environmental Technologies, Goods and
Services: Committee on Foreign Affairs (House) (H.R. 3813) (H.
Rept. 103-478) [18AP]
Registration and Protection of Trademarks Used in International
Commerce: Committee on the Judiciary (House) (H.R. 2129) (H.
Rept. 103-780) [3OC]
Temporary Suspension of Duty on Personal Effects of Participants
in Certain International Sporting Events: Committee on Ways
and Means (House) (H.R. 4066) (H. Rept. 103-454) [24MR]
Trade With Russia and the Newly Independent States: Committee on
Government Operations (House) (H. Rept. 103-867) [29NO]
U.S. Shipbuilding and Repair Industry: Committee on Natural
Resources (House) (H.R. 1402) (H. Rept. 103-589) [12JY]
FOREST SERVICE
Bills and resolutions
Endangered species: distribution of timber sales receipts relative
to forests affected by protection of the California spotted
owl (see H.R. 3928) [1MR]
Forests: forest health improvement programs on Federal lands
through the use of land stewardship contracts (see H.R. 5007)
[20AU]
Texas: distribution of timber sales receipts to counties (see H.R.
5235) [6OC]
Reports filed
Forest Service Land Transfer to the Taos Pueblo Indians of New
Mexico: Committee on Natural Resources (House) (H.R. 3204) (H.
Rept. 103-807) [3OC]
Santa Fe National Forest Boundary Expansion: Committee on Natural
Resources (House) (H.R. 3964) (H. Rept. 103-680) [8AU]
Targhee National Forest, ID, Exchange of National Forest System
Lands for Non-Federal Forest Lands in Wyoming: Committee on
Natural Resources (House) (H.R. 3554) (H. Rept. 103-809) [3OC]
FORESTS
Bills and resolutions
Forest Service: distribution of timber sales receipts relative to
forests affected by protection of the California spotted owl
(see H.R. 3928) [1MR]
------distribution of timber sales receipts to counties in Texas
(see H.R. 5235) [6OC]
[[Page 2759]]
National Arbor Day: designate (see H.J. Res. 322) [10FE]
Opal Creek Forest Preserve: establish (see H.R. 3905, 5236) [24FE]
[6OC]
Public lands: forest health improvement programs through the use
of land stewardship contracts (see H.R. 5007) [20AU]
Six Rivers National Forest: protection and management of Redwood
forest areas and addition of certain lands and waters (H.R.
2866), consideration (see H. Res. 536) [20SE]
Reports filed
Consideration of H.R. 2866, Protection and Management of Redwood
Forest Areas and Addition of Certain Lands and Waters:
Committee on Rules (House) (H. Res. 536) (H. Rept. 103-732)
[20SE]
Establish the Opal Creek Forest Preserve: Committee on Agriculture
(House) (H.R. 3905) (H. Rept. 103-683) [8AU]
------Committee on Natural Resources (House) (H.R. 3905) (H. Rept.
103-683) [8AU]
Headwaters Forest Act: Committee on Natural Resources (House)
(H.R. 2866) (H. Rept. 103-667) [4AU]
Targhee National Forest, ID, Exchange of National Forest System
Lands for Non-Federal Forest Lands in Wyoming: Committee on
Natural Resources (House) (H.R. 3554) (H. Rept. 103-809) [3OC]
FORT WORTH, TX
Bills and resolutions
Dallas/Fort Worth Airport, TX: adjust designation of controlled
airspace (see H.R. 5182) [5OC]
FOWLER, TILLIE K. (a Representative from Florida)
Bills and resolutions introduced by
Coastal Barrier Resources System: map adjustments (see H.R. 4219)
[14AP]
------technical corrections to map system (see H.R. 4598) [17JN]
General Bernardo de Galvez Day: designate (see H.J. Res. 347)
[24MR]
Lady Angela (vessel): certificate of documentation (see H.R. 4730)
[12JY]
Legislative branch of the Government: improve operation and
administration (H.R. 3801), consideration (see H. Res. 472)
[30JN]
Medicare and medicaid coverage data bank: repeal (see H.R. 4095)
[21MR]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
FRANCHISES
see Business and Industry
FRANK, BARNEY (a Representative from Massachusetts)
Appointments
Conferee: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[19AU]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------H.R. 3841, Interstate Banking Efficiency Act [12MY]
------S. 24, independent counsel reauthorization [10FE]
------S. 349, Lobbying Disclosure Act [24MR]
------S. 1485, Satellite Carrier Compulsory License Extension Act
[16AU]
Bills and resolutions introduced by
Bankruptcy: debtor obligations under unexpired leases of personal
property (see H.R. 4474) [23MY]
Exercise Tiger Day: designate (see H.J. Res. 305) [25JA]
Foreign policy: authorize contributions to certain international
development, environmental, and monetary funds (see H.R. 4587)
[16JN]
France: protectionist practices relative to U.S. seafood imports
(see H. Res. 362) [11FE]
Haiti: adjustment of lawful permanent resident status of Haitians
in the U.S. (see H.R. 4249) [19AP]
Human rights: eradication of slavery in foreign countries (see H.
Res. 572) [6OC]
New Bedford Whaling National Historical Park: establish (see H.R.
3898) [24FE]
Taxation: employment status of certain fishermen (see H.R. 4465)
[20MY]
------treatment of accelerated benefits from life insurance
policies (see H.R. 4168) [12AP]
FRANKS, BOB (a Representative from New Jersey)
Appointments
Committee for the Funeral of Dean A. Gallo [29NO]
Bills and resolutions introduced by
Correctional institutions: require Federal prisoners to obtain a
general equivalency degree to receive credit toward service of
sentence (see H.R. 4199) [13AP]
Crime: sentencing for Social Security fraud relative to illegal
immigration (see H.R. 3795) [3FE]
EPA: infrastructure projects funding under the Federal Water
Pollution Control Act (see H.R. 4475) [23MY]
Government regulations: require regulatory impact analysis on
rules (see H.R. 4949) [12AU]
National Manufacturing Week: designate (see H.J. Res. 402) [12AU]
Natural Gas Pipeline Safety Act: strengthen and improve (see H.R.
4758) [14JY]
Postal Service: prohibit penalization for use of private express
services for certain letters and packets (see H.R. 3796) [3FE]
Roads and highways: funding for emergency road repairs of damage
due to severe winter storms (see H.R. 3926) [1MR]
Taxation: agriculture subsidies for alcohol fuels produced from
feedstocks (see H.R. 5299) [29NO]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
FRANKS, GARY A. (a Representative from Connecticut)
Bills and resolutions introduced by
AFDC: establish payment through debit cards (see H.R. 4764) [14JY]
Capital punishment: use of racially based quotas to determine
sentencing (see H. Con. Res. 316) [7OC]
District of Columbia: prohibit certain government service by
individuals convicted of a crime subject to a term of
imprisonment of 6 months or longer (see H.R. 5263) [7OC]
Education: prohibit use of funds to make condoms available in an
elementary school (see H.R. 5264) [7OC]
Government: constitutional amendment to prohibit certain
government service by individuals convicted of a crime subject
to a term of imprisonment of 6 months or longer (see H.J. Res.
427) [7OC]
Office of National Drug Control Policy: maintain staffing and
funding levels (see H.R. 5087) [23SE]
Taxation: treatment of contributions made to organizations
supporting at-risk youth and teenagers (see H.R. 4899) [4AU]
Weir Farm National Historic Site: expand boundaries (see H.R.
4480) [24MY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
FREE ENTERPRISE
Reports filed
Promote a National Infrastructure to Encourage Deployment of
Advanced Services Through Competition: Committee on Energy and
Commerce (House) (H.R. 3636) (H. Rept. 103-560) [24JN]
FREEDOM OF ACCESS TO CLINIC ENTRANCES ACT
Appointments
Conferees: S. 636, provisions [17MR]
Bills and resolutions
Enact (S. 636): request conference with the Senate (see H. Res.
374) [2MR]
------waiving points of order against conference report (see H.
Res. 417) [4MY]
Motions
Enact (S. 636) [17MR]
------conference report [5MY]
Reports by conference committees
Provisions (S. 636) [2MY]
Reports filed
Provisions: committee of conference (S. 636) (H. Rept. 103-488)
[2MY]
Request Conference With the Senate on S. 636, Provisions:
Committee on Rules (House) (H. Res. 374) (H. Rept. 103-427)
[2MR]
Waiving Points of Order Against Conference Report on S. 636,
Provisions: Committee on Rules (House) (H. Res. 417) (H. Rept.
103-493) [4MY]
FREEDOM OF INFORMATION
Bills and resolutions
Intelligence services: identification of construction projects in
budget submissions and authorization of such projects (see
H.R. 4940) [11AU]
FREEDOM OF RELIGION
Bills and resolutions
Religion: constitutional amendment on free exercise (see H.J. Res.
407) [12SE]
Reports filed
Use of Peyote by Native Americans for Religious Purposes:
Committee on Natural Resources (House) (H.R. 4230) (H. Rept.
103-675) [5AU]
FREEDOM OF SPEECH
Bills and resolutions
Dept. of HUD: discourage interference with the exercise of the
rights of free speech, free association, and the petition of
Government for redress of grievances (see H. Con. Res. 294)
[22SE]
FROST, MARTIN (a Representative from Texas)
Bills and resolutions introduced by
Committees of the House: expenses for investigations and studies
(see H. Res. 369, 387) [24FE] [15MR]
Dept. of Defense: authorizing appropriations (H.R. 4301),
consideration (see H. Res. 429, 431) [17MY] [20MY]
------making appropriations (H.R. 4650), consideration (see H.
Res. 469) [29JN]
------making appropriations (H.R. 4650), consideration of
conference report (see H. Res. 554) [28SE]
Financial institutions: interstate banking and branching (H.R.
3841), consideration of conference report (see H. Res. 505)
[3AU]
Foreign operations, export financing, and related programs: making
appropriations (H.R. 4426), consideration of conference report
(see H. Res. 504) [3AU]
Lobbyists: disclosure of activities to influence the Federal
Government (S. 349), consideration of conference report (see
H. Res. 550) [27SE]
------disclosure of activities to influence the Federal Government
(S. 349), suspend the rules (see H. Res. 397) [23MR]
National defense: authorizing appropriations for Dept. of Defense
and Dept. of Energy defense activities (S. 2182),
consideration of conference report (see H. Res. 521) [16AU]
Patents: enhance fairness in compensating owners of patents used
by the Government (see H.R. 4558) [9JN]
------fairness in compensating owners (see H.R. 4265) [20AP]
Radioactive substances: compensation of individuals who were
subjects in Government radiation experiments (see H.R. 3743;
H. Res. 337) [26JA] [2FE]
Reports filed
Consideration of Conference Report on H.R. 3841, Interstate
Banking Efficiency Act: Committee on Rules (House) (H. Res.
505) (H. Rept. 103-658) [3AU]
Consideration of Conference Report on H.R. 4426, Foreign
Operations, Export Financing, and Related Programs
Appropriations: Committee on Rules (House) (H. Res. 504) (H.
Rept. 103-657) [3AU]
Consideration of Conference Report on H.R. 4650, Dept. of Defense
Appropriations: Committee on Rules (House) (H. Res. 554) (H.
Rept. 103-759) [28SE]
Consideration of Conference Report on S. 349, Lobbying Disclosure
Act: Committee on Rules (House) (H. Res. 550) (H. Rept. 103-
755) [27SE]
Consideration of Conference Report on S. 2182, Dept. of Defense
and Dept. of Energy Defense Activities Appropriations:
Committee on Rules (House) (H. Res. 521) (H. Rept. 103-705)
[16AU]
Consideration of H.R. 4301, Dept. of Defense Appropriations:
Committee on Rules (House) (H. Res. 429) (H. Rept. 103-509)
[17MY]
[[Page 2760]]
------Committee on Rules (House) (H. Res. 431) (H. Rept. 103-520)
[20MY]
Consideration of H.R. 4650, Dept. of Defense Appropriations:
Committee on Rules (House) (H. Res. 469) (H. Rept. 103-568)
[29JN]
Expenses for Investigations and Studies for Certain Committees of
the House: Committee on House Administration (House) (H. Res.
369) (H. Rept. 103-433) [15MR]
------Committee on House Administration (House) (H. Res. 387) (H.
Rept. 103-434) [15MR]
Suspend the Rules for S. 349, Lobbying Disclosure Act: Committee
on Rules (House) (H. Res. 397) (H. Rept. 103-452) [23MR]
FUELS
see Coal; Electric Power; Natural Gas; Nuclear Energy; Petroleum; Power
Resources
FURSE, ELIZABETH (a Representative from Oregon)
Appointments
Conferee: S. 1587, Federal Acquisition Streamlining Act [4AU]
Bills and resolutions introduced by
Budget: reduce Dept. of Defense appropriations by a certain
percentage for 1996 (see H. Con. Res. 305) [3OC]
Dept. of Defense: terminate C-17 aircraft program and use
nondevelopmental aircrafts to meet strategic airlift
requirements (see H.R. 4331) [3MY]
Health: coverage of insulin syringes for diabetics in any national
health care plan (see H. Con. Res. 223) [16MR]
Russia: pursuit of negotiations to reduce the number of deployed
strategic nuclear warheads (see H. Con. Res. 306) [4OC]
Science Start Grant Program: establish (see H.R. 4652) [27JN]
Waterways: establish a national waterways restoration program (see
H.R. 4289) [21AP]
GALLEGLY, ELTON (a Representative from California)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Bills and resolutions introduced by
Armed Forces: establish commission to review regular military
compensation relative to financial assistance programs (see
H.R. 4831) [26JY]
Dept. of the Interior: transfer certain administrative functions
relative to U.S. territories to the Dept. of Commerce (see
H.R. 3797) [3FE]
National Weather Service: study the health risks associated with
doppler radar installations (see H.R. 3850) [10FE]
Taxation: penalty-free withdrawals from retirement plans for
disaster-related expenses (see H.R. 3762) [2FE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
GALLO, DEAN A. (a Representative from New Jersey)
Appointments
Committee for the Funeral of Dean A. Gallo [29NO]
Conferee: H.R. 4624, Depts. of Veterans Affairs, HUD, and sundry
independent agencies appropriations [17AU]
Bills and resolutions introduced by
Consumers: notification of consumers on lists compiled for sale to
businesses (see H.R. 4353) [5MY]
Dept. of HUD: supportive housing for low-income senior citizens
(see H. Con. Res. 253) [9JN]
Health: employment impact of national policy to provide health
care and reform insurance procedures (see H.R. 3882) [23FE]
House of Representatives: require that committee reports on
authorization and revenue bills include CBO employment impact
statements (see H. Res. 354) [9FE]
Social Security: prohibit buying and selling of account numbers
(see H.R. 4354) [5MY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
GAMBLING
Bills and resolutions
States: limit authority of States to regulate gambling devices on
vessels (see H.R. 5242) [7OC]
GARBAGE
see Refuse Disposal; Sewage Disposal
GEJDENSON, SAM (a Representative from Connecticut)
Appointments
Conferee: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------H.R. 3841, Interstate Banking Efficiency Act [12MY]
------H.R. 4950, Jobs Through Trade Expansion Act [4OC]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Mexico-U.S. Interparliamentary Group [17MR]
Bills and resolutions introduced by
Credit cards: interest rates (see H.R. 4132) [24MR]
Developing countries: credit programs and development of
microenterprises (see H.R. 4511) [26MY]
Employment: provide employment and training assistance for
individuals working at or residing near a facility or plant
scheduled for significant layoffs (see H.R. 3826) [9FE]
Foreign aid: funding for international narcotics control
activities (see H.R. 5246) [7OC]
Foreign trade: administration of export controls (see H.R. 3937)
[2MR]
------promote the export of environmental technologies, goods and
services (see H.R. 3813) [8FE]
Intellectual property: establish foreign aid program to support
other countries' protection (see H.R. 4239) [18AP]
------protection (see H. Con. Res. 240) [18AP]
Marinas: treatment as offshore facilities (see H. Con. Res. 262)
[28JN]
Native Americans: settlement of land claims in Connecticut (see
H.R. 4653) [27JN]
OPIC: extend authority (see H.R. 4950) [12AU]
Taxation: credit for employers who hire AFDC recipients (see H.R.
4512) [26MY]
------expand electronic filing of income tax returns by nonprofit
organizations to enhance access to earned income credit (see
H.R. 5036) [13SE]
Telephones: require long distance services resellers to disclose
relationships to carriers from which services are acquired
(see H.R. 5112) [27SE]
Veterans: establish confidential database for the collection of
medical information (see H.R. 5022) [12SE]
Reports by conference committees
Jobs Through Trade Expansion Act (H.R. 4950) [4OC]
Reports filed
Jobs Through Trade Expansion Act: committee of conference (H.R.
4950) (H. Rept. 103-834) [4OC]
GEKAS, GEORGE W. (a Representative from Pennsylvania)
Appointments
Conferee: H.R. 4299, intelligence services appropriations [13SE]
------S. 24, independent counsel reauthorization [10FE]
------S. 349, Lobbying Disclosure Act [24MR]
Bills and resolutions introduced by
Bipartisan Health Care Reform Commission: establish (see H.R.
5037) [13SE]
National Crime Victims' Rights Week: designate (see H.J. Res. 342)
[18MR]
Social Security: provision of disability insurance benefits for
substance abuse treatment (see H.R. 3814) [8FE]
U.S. Armed Forces History Month: designate (see H.J. Res. 343)
[22MR]
Motions offered by
Crime: national policy to control crime and reform court
procedures (H.R. 3355), conference report [25JY] [26JY]
Independent counsel: reauthorize (H.R. 811) [10FE]
Lobbyists: disclosure of activities to influence the Federal
Government (S. 349), conference report [29SE]
GENERAL ACCOUNTING OFFICE
Bills and resolutions
Personnel Appeals Board: provide for an executive director (see
H.R. 5103) [26SE]
GENERAL AVIATION REVITALIZATION ACT
Reports filed
Provisions: Committee on Public Works and Transportation (House)
(S. 1458) (H. Rept. 103-525) [24MY]
------Committee on the Judiciary (House) (S. 1458) (H. Rept. 103-
525) [24JN]
GENERAL REVENUE SHARING
see Federal Aid Programs
GENERAL SERVICES ADMINISTRATION
Appointments
Conferees: S. 1587, Federal Acquisition Streamlining Act [4AU]
Bills and resolutions
Contracts: revise and streamline Federal procurement and
acquisition laws (S. 1587), corrections in enrollment (see H.
Con. Res. 291) [20SE]
Public buildings: leasing requirements (see H.R. 4972) [16AU]
Messages
Federal Advisory Committees: President Clinton [5MY]
Motions
Contracts: revise and streamline Federal procurement and
acquisition laws (S. 1587), insert language of H.R. 2238 in
lieu [27JN]
Reports by conference committees
Federal Acquisition Streamlining Act (S. 1587) [21AU]
Reports filed
Calculation of Public Buildings Transactions: Committee on Public
Works and Transportation (House) (H.R. 2680) (H. Rept. 103-
547) [14JN]
National Academy of Science, Space, and Technology Establishment
at State Universities: Committee on Public Works and
Transportation (House) (H.R. 1638) (H. Rept. 103-512) [19MY]
GENEVA CONVENTION
see Treaties
GENO BARONI COMMISSION ON NEIGHBORHOODS
Bills and resolutions
Establish (see H.R. 4580) [14JN]
GENOCIDE CONVENTION
see Treaties
GEORGIA
Reports filed
Chickamauga and Chattanooga National Military Park in Georgia:
Committee on Natural Resources (H.R. 3516) (H. Rept. 103-437)
[18MR]
GEOTHERMAL RESOURCES
related term(s) Power Resources
Reports filed
Remove Certain Power Facility Size Limitations to Encourage the
Production of Renewable Resource Energy: Committee on Energy
and Commerce (House) (H.R. 4866) (H. Rept. 103-684) [8AU]
GEPHARDT, RICHARD A. (a Representative from Missouri)
Bills and resolutions introduced by
Children and youth: establish grants for the improvement of
academic performance and social development of at-risk
children (see H.R. 3950) [3MR]
Chile: trade agreement (see H.R. 4375) [10MY]
Committee on Standards of Official Conduct (House): investigation
of House Post Office activity relative to violations of House
Rules or embezzlement of public funds by Members of Congress
(see H. Res. 375) [2MR]
Congress: adjournment (see H. Con. Res. 206, 232, 263, 289) [10FE]
[24MR] [29JN] [21AU]
------constitutional obligation to oversee matters relative to the
operation of Government (see H. Res. 394) [22MR]
------joint session for the State of the Union Message (see H.
Con. Res. 197) [25JA]
------notification of the President of the assembly of Congress
(see H. Res. 325) [25JA]
Education and Sharing Day, U.S.A.: designate (see H.J. Res. 329)
[3MR]
Gandhi, Mahatma: commemorate anniversary of birth (see H. Con.
Res. 296) [23SE]
GATT: ratification (see H.R. 5110) [27SE]
Haiti: tribute to special peace delegation and support for U.S.
Armed Forces (see H. Con. Res. 290) [19SE]
House of Representatives: adjournment (see H. Con. Res. 198)
[25JA]
[[Page 2761]]
------early organization of the 104th Congress (see H. Res. 581)
[7OC]
------printing of revised edition of Rules and Manual of the House
of Representatives (see H. Res. 580) [7OC]
Japan: access of U.S. business to markets (see H.R. 3900) [24FE]
Taxation: treatment of U.S. citizens moving business production
abroad and foreign persons doing business in the U.S. (see
H.R. 4860) [29JY]
Thomas F. Eagleton U.S. Courthouse, St. Louis, MO: designate (see
H.R. 4790) [19JY]
Motions offered by
Committee on Standards of Official Conduct (House): investigation
of House Post Office activity relative to violations of House
Rules or embezzlement of public funds by Members of Congress
(H. Res. 238) [2MR]
GEREN, PETE (a Representative from Texas)
Appointments
Conferee: H.R. 2739, Airport and Airway Improvement Act
appropriations [26JY]
Bills and resolutions introduced by
Education: application of minimum wage and overtime compensation
laws to educational enterprise employees (see H.R. 4547) [8JN]
National Decorative Painting Month: designate (see H.J. Res. 338)
[16MR]
National Long-Term Care Administrators Week: designate (see H.J.
Res. 362) [28AP]
Railroads: retirement system (see H. Con. Res. 241) [20AP]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
GERMANY, FEDERAL REPUBLIC OF
Bills and resolutions
Foreign policy: withdrawal of U.S. troops from Berlin (see H. Res.
476) [12JY]
GIBBONS, SAM (a Representative from Florida)
Appointments
Advisers to U.S. delegations to international trade agreements
conferences, meetings, and negotiations [8FE]
Canada-U.S. Interparliamentary Group [18MY]
Conferee: H.R. 6, education programs appropriations [20SE]
------H.R. 2739, Airport and Airway Improvement Act appropriations
[26JY]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------H.R. 4277, establish Social Security Administration as an
independent agency [21JN]
------H.R. 4278, Social Security Domestic Employment Reform Act
[21JN]
------S. 1569, Minority Health Improvement Act [26SE]
Bills and resolutions introduced by
Agriculture, rural development, FDA, and related agencies
programs: making appropriations (H.R. 4554), return amendment
to Senate (see H. Res. 518) [12AU]
Crow Indian Reservation: boundary resolution (S. 1216), return to
Senate (see H. Res. 577) [7OC]
Hazardous substances: reduce the levels of lead in the environment
(S. 729), return to Senate (see H. Res. 486) [21JY]
Public welfare programs: reform (see H.R. 4605) [21JN]
SEC: continuation of certain fee collections (see H.R. 5060)
[20SE]
Veterans: sexual trauma counseling programs (S. 1030), return to
Senate (see H. Res. 487) [21JY]
Reports by conference committees
Social Security Administration Establishment as Independent Agency
(H.R. 4277) [4AU]
Social Security Domestic Employment Reform Act (H.R. 4278) [6OC]
Reports filed
Continuation of Certain SEC Fee Collections: Committee on Ways and
Means (House) (H.R. 4060) (H. Rept. 103-739) [22SE]
Export Administration Act: Committee on Ways and Means (House)
(H.R. 3937) (H. Rept. 103-531) [17JN]
GATT Ratification: Committee on Ways and Means (House) (H.R. 5110)
(H. Rept. 103-826) [3OC]
Health Security Act: Committee on Ways and Means (House) (H.R.
3600) (H. Rept. 103-601) [14JY]
Legislative Review Activity of the Committee on Ways and Means
During the 103d Congress: Committee on Ways and Means (House)
(H. Rept. 103-875) [20DE]
Management of the Presidio, CA, Military Facility: Committee on
Ways and Means (House) (H.R. 3433) (H. Rept. 103-615) [9AU]
Maritime Programs Appropriations and Revitalization of U.S.-Flag
Merchant Marine: Committee on Ways and Means (House) (H.R.
4003) (H. Rept. 103-544) [29JY]
Most-Favored-Nation Status for the People's Republic of China:
Committee on Ways and Means (House) (H.J. Res. 373) (H. Rept.
103-575) [30JN]
------Committee on Ways and Means (House) (H.R. 4590) (H. Rept.
103-640) [1AU]
Retirement Protection Act: Committee on Ways and Means (House) (H.
3396) (H. Rept. 103-632) [29JY]
Social Security Administration Establishment as Independent
Agency: committee of conference (H.R. 4277) (H. Rept. 103-670)
[4AU]
Social Security Domestic Employment Reform Act: committee of
conference (H.R. 4278) (H. Rept. 103-842) [6OC]
Streamline and Improve Cleanup Standards of CERCLA: Committee on
Ways and Means (House) (H.R. 3800) (H. Rept. 103-582) [26AU]
GIBRALTAR (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 4774) [14JY]
GILCHREST, WAYNE T. (a Representative from Maryland)
Bills and resolutions introduced by
Fish and fishing: long-term sustainability of marine fisheries
(see H.R. 4404) [12MY]
National Defense Reserve Fleet: convey vessel to a nonprofit
organization (see H.R. 3815) [8FE]
Ships and vessels: clear certain licensing impediments (see H.R.
4567, 4583) [10JN] [15JN]
------licensing of a vessel for employment in the coastwise trade
and fisheries of the U.S. (see H.R. 4164, 4424) [24MR] [12MY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
GILLMOR, PAUL E. (a Representative from Ohio)
Appointments
Conferee: H.R. 3474, Community Development, Credit Enhancement,
and Regulatory Improvement Act [21AP]
Bills and resolutions introduced by
Aircraft: exemption from customs fees for certain small aircraft
traveling short distances (see H.R. 4117) [23MR]
Island Star (vessel): certificate of documentation (see H.R. 4889)
[2AU]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
GILMAN, BENJAMIN A. (a Representative from New York)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Conferee: H.R. 1804, Goals 2000--Educate America Act [11MR]
------H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 2739, Airport and Airway Improvement Act appropriations
[26JY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------H.R. 3841, Interstate Banking Efficiency Act [12MY]
------H.R. 4950, Jobs Through Trade Expansion Act [4OC]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Mexico-U.S. Interparliamentary Group [17MR]
Bills and resolutions introduced by
Bosnia and Herzegovina: lift U.S. arms embargo (see H.R. 4290)
[21AP]
Foreign trade: export control regime to stem proliferation of
military and strategic products and technology to countries
that may jeopardize international or U.S. national security
(see H. Res. 549) [27SE]
National League of Families POW/MIA: display of flag (see H.J.
Res. 369) [24MY]
National POW/MIA Recognition Day: designate (see H.J. Res. 369)
[24MY]
NATO: assist transition of certain countries to NATO membership
(see H.R. 4210) [14AP]
Romania: efforts to alleviate suffering of children infected with
AIDS (see H. Con. Res. 288) [19AU]
Veterans: permit disabled former POW to travel on military
aircraft (see H.R. 4513) [26MY]
Vietnam: U.S. policy relative to human rights progress (see H.
Con. Res. 216) [8MR]
Yugoslavia: civil liberties violations against ethnic Albanians in
former Kosovo Province (see H. Con. Res. 251) [23MY]
Motions offered by
Dept. of State, USIA, and related agencies: authorizing
appropriations (H.R. 2333) [18AP]
GILPIN COUNTY, CO
Bills and resolutions
Public lands: Federal land acquisition (see H.R. 5016) [21AU]
GINGRICH, NEWT (a Representative from Georgia)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Bills and resolutions introduced by
Lewis, Representative Ron: election to the Committee on
Agriculture (House) and to the Committee on Veterans' Affairs
(House) (see H. Res. 456) [15JN]
Rushdie, Salman: condemn death sentence imposed by Iran (see H.
Con. Res. 249) [12MY]
Tariff: fluvoxamine, maleate (see H.R. 4355) [5MY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
GLASS CEILING COMMISSION
Appointments
Members [7MR]
GLICKMAN, DAN (a Representative from Kansas)
Appointments
Conferee: H.R. 820, National Competitiveness Act [19JY]
------H.R. 2739, Airport and Airway Improvement Act appropriations
[26JY]
------H.R. 3841, Interstate Banking Efficiency Act [12MY]
------H.R. 4299, intelligence services appropriations [13SE]
------S. 24, independent counsel reauthorization [10FE]
------S. 349, Lobbying Disclosure Act [24MR]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Airline industry: time limitation on certain civil actions against
aircraft manufacturers (see H. Res. 370) [24FE]
Children and youth: create police partnerships for children (see
H.R. 3899) [24FE]
Classified information: establish a uniform system for classifying
and declassifying information (see H.R. 3927) [1MR]
Committee on Intelligence (House, Select): expenses for
investigations and studies (see H. Res. 342) [3FE]
Courts: establish time limitation on civil actions against
aircraft manufacturers (H.R. 3087), consideration (see H. Res.
373, 379) [1MR] [7MR]
------establish time limitation on civil actions against aircraft
manufacturers (S. 1458), consideration (see H. Res. 398, 405)
[23MR] [13AP]
Gun-Free School Zones Act: clarify scope (see H.R. 3763) [2FE]
[[Page 2762]]
Intelligence services: authorizing appropriations (see H.R. 4299)
[26AP]
------identification of construction projects in budget
submissions and authorization of such projects (see H.R. 4940)
[11AU]
Tallgrass Prairie National Preserve: establish (see H.R. 5000)
[19AU]
Reports by conference committees
Intelligence Services Appropriations (H.R. 4299) [27SE]
Reports filed
Export Administration Act: Committee on Intelligence (House,
Select) (H.R. 3937) (H. Rept. 103-531) [16JN]
Intelligence Services Appropriations: committee of conference
(H.R. 4299) (H. Rept. 103-753) [27SE]
GLOBAL WARMING
see Ecology and Environment
GOALS 2000--EDUCATE AMERICA ACT
Appointments
Conferees: H.R. 1804, provisions [23FE] [11MR]
Bills and resolutions
Enact (H.R. 1804): corrections in enrollment (see H. Con. Res.
230) [23MR]
------waiving points of order against conference report (see H.
Res. 393) [21MR]
Motions
Enact (H.R. 1804) [23FE]
------conference report [23MR]
Reports by conference committees
Enact (H.R. 1804) [21MR]
Reports filed
Provisions: Committee of Conference (H.R. 1804) (H. Rept. 103-446)
[21MR]
Waiving Points of Order Against Conference Report on H.R. 1804,
Provisions: Committee on Rules (House) (H. Res. 393) (H. Rept.
103-447) [21MR]
GOLD STAR MOTHERS DAY
Bills and resolutions
Designate (see H.J. Res. 346) [24MR]
GONZALEZ, HENRY B. (a Representative from Texas)
Appointments
Conferee: H.R. 820, National Competitiveness Act [19JY]
------H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 2739, Airport and Airway Improvement Act appropriations
[26JY]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------H.R. 3841, Interstate Banking Efficiency Act [12MY]
------H.R. 4299, intelligence services appropriations [13SE]
Bills and resolutions introduced by
Commission on International Coordination of Financial Regulation:
establish (see H.R. 4261) [20AP]
Committee on Banking, Finance and Urban Affairs (House): expenses
for investigations and studies (see H. Res. 334) [1FE]
Credit: accuracy of consumer information maintained by credit
reporting agencies (see H.R. 5178) [5OC]
Depository institutions: include in financial reports information
on derivative financial instruments (see H.R. 4170) [12AP]
Dept. of HUD: disposition of certain multifamily properties and
reform of certain programs (see H.R. 4067) [17MR]
Financial institutions: Federal regulation of derivatives
activities (see H.R. 4503) [26MY]
Housing: extension of housing and community development programs
(see H.R. 3838, 4310, 5245) [10FE] [28AP] [7OC]
Money: include exchange rate policy information in reports by FRS
and Dept. of the Treasury (see H.R. 4502) [26MY]
Presidents of the U.S.: constitutional amendment to repeal the
constitutional amendment relative to Presidential succession
(see H.J. Res. 307) [26JA]
Motions offered by
Housing: reform Dept. of HUD multifamily property requirements,
enhance programs, and authorize program to combat crime (S.
1299) [22MR]
Reports by conference committees
Community Development, Credit Enhancement, and Regulatory
Improvement Act (H.R. 3474) [2AU]
Interstate Banking Efficiency Act (H.R. 3841) [2AU]
Reports filed
Community Development, Credit Enhancement, and Regulatory
Improvement Act: committee of conference (H.R. 3474) (H. Rept.
103-652) [2AU]
Eximbank Financing for the Export of Nonlethal Defense Articles
and Services: Committee on Banking, Finance and Urban Affairs
(House) (H.R. 4455) (H. Rept. 103-681) [8AU]
Fair Credit Reporting Act: Committee on Banking, Finance and Urban
Affairs (House) (H.R. 1015) (H. Rept. 103-486) [28AP]
Foreign Country Treatment of U.S. Banks: Committee on Banking,
Finance and Urban Affairs (H.R. 4926) (H. Rept. 103-727)
[19SE]
Housing and Community Development Act: Committee on Banking,
Finance and Urban Affairs (House) (H.R. 3838) (H. Rept. 103-
607) [18JY]
Interstate Banking Efficiency Act: committee of conference (H.R.
3841) (H. Rept. 103-651) [2AU]
------Committee on Banking, Finance and Urban Affairs (House)
(H.R. 3841) (H. Rept. 103-448) [22MR]
Money Laundering Suppression Act: Committee on Banking, Finance
and Urban Affairs (House) (H.R. 3235) (H. Rept. 103-438)
[21MR]
National Flood Insurance Program Revision: Committee on Banking,
Finance and Urban Affairs (House) (H.R. 3191) (H. Rept. 103-
414) [26JA]
Public Works and Economic Development Act Reauthorization:
Committee on Banking, Finance and Urban Affairs (House) (H.R.
2442) (H. Rept. 103-423) [26AP]
GOODLATTE, BOB (a Representative from Virginia)
Appointments
Conferee: H.R. 3841, Interstate Banking Efficiency Act [12MY]
Bills and resolutions introduced by
House of Representatives: require monthly statement of costs for
use of frank (see H.R. 4406) [12MY]
House Rules: prohibit voting by proxy in committees and
subcommittees (see H. Res. 425) [12MY]
------require rollcall votes on all appropriations measures (see
H. Res. 427) [12MY]
------require rollcall votes to strike specific line items in
appropriations measures (see H. Res. 426) [12MY]
Legislative branch of the Government: appropriations reduction
(see H.R. 4405) [12MY]
Members of Congress: use of general Federal employees annuity
formula (see H.R. 4200) [13AP]
Whittaker, Johnson C.: issuance of posthumous commission to second
lieutenant in the Army (see H.R. 3921) [28FE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
GOODLING, WILLIAM F. (a Representative from Pennsylvania)
Appointments
Committee for the Funeral of William H. Natcher [12AP]
Conferee: H.R. 6, education programs appropriations [20SE]
------H.R. 820, National Competitiveness Act [19JY]
------H.R. 1804, Goals 2000--Educate America Act [23FE] [11MR]
------H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 2739, Airport and Airway Improvement Act appropriations
[26JY]
------H.R. 2884, School-to-Work Opportunities Act [16MR]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------S. 2000, Head Start, LIHEAP, Community Development Block
Grant Program, and Coordinated Services for Children, Youth,
and Families reauthorization [28AP]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Mexico-U.S. Interparliamentary Group [17MR]
National Education Goals Panel [13JN]
Bills and resolutions introduced by
Children and youth: revise Head Start Program to enhance parental
involvement and provide family literacy services (see H.R.
3798) [3FE]
------school lunch program eligibility and nutrition program
reforms (see H.R. 4221) [14AP]
Courts: repeal authority to award punitive damages for civil and
disabled rights violations (see H.R. 5145) [30SE]
Elementary and Secondary Education Act: authorizing appropriations
(see H.R. 5130) [29SE]
Employment: establish workforce preparation and development system
(see H.R. 4407) [12MY]
Food industry: protect school districts and the Dept. of
Agriculture from anticompetitive activities of suppliers for
certain school food service programs (see H.R. 4220) [14AP]
National Family Literacy Day: designate (see H.J. Res. 413) [22SE]
Taxation: treatment of builders' sale of residential real property
(see H.R. 4702) [30JN]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
GOODS FOR GUNS MONTH
Bills and resolutions
Designate (see H.J. Res. 422) [30SE]
GORDON, BART (a Representative from Tennessee)
Bills and resolutions introduced by
Dept. of Energy: authorize hydrogen and fusion research and
development programs, and nuclear and high energy physics
programs (H.R. 4908), consideration (see H. Res. 515) [10AU]
Dept. of the Interior and related agencies: making appropriations
(H.R. 4602), consideration (see H. Res. 458) [21JN]
------making appropriations (H.R. 4602), consideration of
conference report (see H. Res. 547) [26SE]
Dept. of Transportation and related agencies: making
appropriations (H.R. 4556), consideration (see H. Res. 454)
[14JN]
District of Columbia: making appropriations (H.R. 4649),
consideration (see H. Res. 466) [28JN]
Federal-State relations: increase payments to units of general
local government for entitlement lands (S. 455), consideration
(see H. Res. 565) [4OC]
Interstate commerce: insurance disclosures (H.R. 1188),
consideration (see H. Res. 475) [12JY]
Montana: designate lands as national forests and release certain
national forest lands (H.R. 2473), consideration (see H. Res.
423) [11MY]
Stones River National Battlefield: expand boundaries (see H.R.
4266) [20AP]
Telephones: treatment of 800 numbers (see H.R. 4802) [20JY]
Reports filed
Consideration of Conference Report on H.R. 4602, Dept. of the
Interior and Related Agencies Appropriations: Committee on
Rules (House) (H. Res. 547) (H. Rept. 103-749) [26SE]
Consideration of H.R. 1188, Insurance Disclosures in Interstate
Commerce: Committee on Rules (House) (H. Res. 475) (H. Rept.
103-597) [12JY]
Consideration of H.R. 2473, Designate Montana Lands as National
Forests and Release Certain National Forest Lands: Committee
on Rules (House) (H. Res. 423) (H. Rept. 103-504) [11MY]
Consideration of H.R. 4556, Dept. of Transportation and Related
Agencies Appropriations: Committee on Rules (House) (H. Res.
454) (H. Rept. 103-546) [14JN]
Consideration of H.R. 4602, Dept. of the Interior and Related
Agencies Appropriations: Committee on Rules (House) (H. Res.
458) (H. Rept. 103-554) [21JN]
[[Page 2763]]
Consideration of H.R. 4649, District of Columbia Appropriations:
Committee on Rules (House) (H. Res. 466) (H. Rept. 103-564)
[28JN]
Consideration of H.R. 4908, Hydrogen and Fusion Research and
Development Programs, and Nuclear and High Energy Physics
Programs Authorization: Committee on Rules (House) (H. Res.
515) (H. Rept. 103-695) [10AU]
Consideration of S. 455, Payments in Lieu of Taxes Act: Committee
on Rules (House) (H. Res. 565) (H. Rept. 103-830) [4OC]
GOSS, PORTER J. (a Representative from Florida)
Appointments
Canada-U.S. Interparliamentary Group [18MY]
Commission on the Roles and Capabilities of the U.S. Intelligence
Community [20DE]
Conferee: H.R. 820, National Competitiveness Act [19JY]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
Bills and resolutions introduced by
Budget: rescissions and deferrals (see H. Res. 377) [2MR]
Finesse (vessel): certificate of documentation (see H.R. 5059)
[19SE]
Haiti: presence of U.S. Armed Forces (see H. Con. Res. 269) [19JY]
House Rules: oath of secrecy relative to access to classified
information (see H. Res. 378) [3MR]
Reel Toy (vessel): certificate of documentation (see H.R. 4319)
[28AP]
Smalley 6808 (vessel): certificate of documentation (see H.R.
4660) [27JN]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
Budget: establish direct spending targets (H.R. 4604) [21JY]
GOVERNMENT AGENCIES
see Executive Departments; Federal Employees
GOVERNMENT CONTRACTS
see Contracts
GOVERNMENT EMPLOYEES
see Federal Employees
GOVERNMENT PRINTING OFFICE
Reports filed
Vegetable Ink Printing Act: Committee on Government Operations
(House) (S. 716) (H. Rept. 103-625) [28JY]
GOVERNMENT PUBLICATIONS
see Public Documents
GOVERNMENT REGULATIONS
Appointments
Conferees: S. 1587, Federal Acquisition Streamlining Act [4AU]
Bills and resolutions
Administrative Conference of the U.S.: extend (see H.R. 4490)
[25MY]
Air pollution: repeal certain Clean Air Act stratospheric ozone
protection provisions (see H.R. 5216) [6OC]
Clean Air Act: application of certain requirements (see H.R. 4952)
[12AU]
------area redesignation and motor vehicle inspection and
maintenance programs (see H.R. 5304) [29NO]
------selective inspection and maintenance programs as part of
State implementation plans (see H. Con. Res. 309) [6OC]
------State implementation plans (see H.R. 4951, 4953) [12AU]
Contracts: revise and streamline Federal procurement and
acquisition laws (S. 1587), corrections in enrollment (see H.
Con. Res. 291) [20SE]
Courts: judicial review of Federal agency compliance with
regulatory flexibility analysis requirements (H.R. 830),
consideration (see H. Res. 415) [3MY]
Depository Institution Management Interlocks Act: extend certain
exemptions (see H.R. 3959) [3MR]
Disasters: permit extension for filing drawback claims in declared
disaster areas (see H.R. 5118) [28SE]
Economy: impact of Federal legislation and regulations on business
and local government (see H.R. 4006) [10MR]
Endangered species: conservation of threatened and endangered
species (see H.R. 3978) [8MR]
FERC: extension of deadline for construction of hydroelectric
project in Ohio (see H.R. 5031) [13SE]
------hydroelectric license extension (see H.R. 4911) [5AU]
Financial institutions: Federal regulation of depository
institution service corporations (see H.R. 4097) [21MR]
------Federal regulation of derivatives activities (see H.R. 3748)
[26JA]
Foreign trade: exports of medical devices (see H.R. 5188) [5OC]
FTC: issue trade regulation rule to release the prescription of
contact lenses (see H.R. 5195) [5OC]
Health: vaccination injury compensation requirements (see H.R.
4970) [16AU]
Immigration: status of the visa waiver program (see H.R. 4707)
[30JN]
Motor vehicles: provide Federal assistance for compliance with
inspection and maintenance requirements and employee trip
reduction requirements under the Clean Air Act (see H.R. 5205)
[6OC]
Refuse disposal: application of certain requirements to out-of-
State solid waste generated and disposed of within the same
bi-State metropolitan statistical area (see H.R. 5288) [7OC]
------State control of municipal solid waste transportation and
disposal (see H.R. 4683, 5250) [29JN] [7OC]
------State control of municipal solid waste transportation and
disposal (H.R. 4683), consideration (see H. Res. 552) [27SE]
Roads and highways: conversion of signs to metric units (see H.R.
3766) [2FE]
RTC: exemption from overtime provisions for contractor or
subcontractor employees (see H.R. 5151) [30SE]
------require competitive procedures for procuring property and
services (see H.R. 5251) [7OC]
States: limit out-of-State solid waste disposal (H.R. 4779),
consideration (see H. Res. 551) [27SE]
Taxation: compliance with certain pension requirements (see H.R.
4534) [26MY]
Transportation: amend laws (see H.R. 4778) [18JY]
Trucking industry: State regulation of motor carriers (see H.R.
5123) [28SE]
Motions
Contracts: revise and streamline Federal procurement and
acquisition laws (S. 1587), insert language of H.R. 2238 in
lieu [27JN]
States: limit out-of-State solid waste disposal (H.R. 4779),
consideration (H. Res. 551) [28SE]
Reports by conference committees
Federal Acquisition Streamlining Act (S. 1587) [21AU]
Reports filed
Administrative Conference of the U.S. Extension: Committee on the
Judiciary (House) (H.R. 4490) (H. Rept. 103-854) [7OC]
Amend House Rules Relative to the Application of Certain Laws to
the House of Representatives: Committee on Rules (House) (H.
Res. 571) (H. Rept. 103-841) [5OC]
Bankruptcy Reform Act: Committee on the Judiciary (House) (H.R.
5116) (H. Rept. 103-835) [4OC]
Consideration of Conference Report on H.R. 4556, Dept. of
Transportation and Related Agencies Appropriations: Committee
on Rules (House) (H. Res. 553) (H. Rept. 103-758) [27SE]
Consideration of H.R. 4683, State Control of Municipal Solid Waste
Transportation and Disposal: Committee on Rules (House) (H.
Res. 552) (H. Rept. 103-757) [27SE]
Consideration of H.R. 4779, Limit Out-of-State Solid Waste
Disposal: Committee on Rules (House) (H. Res. 551) (H. Rept.
103-756) [27SE]
Exemption of Triple Base Acreage From Certain Highly Erodible Land
and Wetland Conservation Regulations: committee of conference
(H.R. 1587) (H. Rept. 103-712) [21AU]
Limit Out-of-State Solid Waste Disposal: Committee on Energy and
Commerce (House) (H.R. 4779) (H. Rept. 103-720) [16SE]
State Control of Municipal Solid Waste Transportation and
Disposal: Committee on Energy and Commerce (House) (H.R. 4683)
(H. Rept. 103-738) [22SE]
Transportation Law Amendments: Committee on the Judiciary (House)
(H.R. 4778) (H. Rept. 103-831) [4OC]
GOVERNMENT--U.S.
Appointments
Conferees: H.R. 3345, Federal Workforce Restructuring Act [11MR]
------H.R. 4454, legislative branch of the Government
appropriations [28JN]
------S. 24, independent counsel reauthorization [10FE]
------S. 349, Lobbying Disclosure Act [24MR]
Bills and resolutions
Administrative Conference of the U.S.: extend (see H.R. 4490)
[25MY]
Appropriations: close appropriation accounts available for an
indefinite period (see H.R. 5237) [6OC]
Budget: discretionary spending limits, consideration (see H. Res.
459) [21JN]
------setting forth the Federal budget for 1995-99 (see H. Con.
Res. 218) [8MR]
------setting forth the Federal budget for 1995-99 (H. Con. Res.
218), consideration (see H. Res. 384) [9MR]
Claims: awards limitation on false claims actions (see H.R. 3849)
[10FE]
Constitutional amendments: prohibit certain government service by
individuals convicted of a crime subject to a term of
imprisonment of 6 months or longer (see H.J. Res. 427) [7OC]
Contracts: raise value for which performance and payment bonds are
required (see H.R. 3961) [3MR]
------revise and streamline Federal procurement and acquisition
laws (S. 1587), corrections in enrollment (see H. Con. Res.
291) [20SE]
Dept. of HUD: discourage interference with the exercise of the
rights of free speech, free association, and the petition of
Government for redress of grievances (see H. Con. Res. 294)
[22SE]
Drugs: prohibit research relative to legalization (see H.R. 3991)
[9MR]
Executive departments: procurement of service contracts relative
to the ability of Federal employees to perform same duties at
lower costs (see H.R. 4486) [25MY]
Federal agencies and departments: listing of telephone numbers on
stationary (see H.R. 4352) [5MY]
------preparation of private property taking impact analyses (see
H.R. 4418) [12MY]
Federal employees: employee training restrictions, and temporary
voluntary separation incentive (H.R. 3345), consideration (see
H. Res. 357) [9FE]
------establish business accounts for Government air travel to
maximize cost savings (see H.R. 4565) [10JN]
------privacy rights (see H. Con. Res. 227) [18MR]
------prohibit contract employees from duties once performed by
employees that accepted voluntary separation incentive
payments (see H.R. 4488) [25MY]
------reemployment of individuals involuntarily separated from
teaching positions in foreign countries (see H.R. 3975) [8MR]
------transportation benefits for family members of official who
dies after transferring to place of service (see H.R. 4549)
[8JN]
Federal-State relations: increase payments to units of general
local government for entitlement lands (S. 455), consideration
(see H. Res. 565) [4OC]
Financial institutions: Federal regulation of derivatives
activities (see H.R. 3748) [26JA]
Health: Federal standards for malpractice claims (see H.R. 5253)
[7OC]
------standardize health benefits claim forms for Federal
employees and the Uniformed Services (see H.R. 4241) [18AP]
House of Representatives: application of certain laws (see H. Res.
578) [7OC]
------application of certain laws (H. Res. 578), consideration
(see H. Res. 579) [7OC]
Legislative branch of the Government: application of certain laws
(see H.R. 4892) [3AU]
[[Page 2764]]
------application of certain laws (H.R. 4822), consideration (see
H. Res. 514) [9AU]
------application of OSHA laws (see H.R. 4739) [13JY]
------appropriations reduction (see H.R. 4405) [12MY]
------improve operation and administration (see H.R. 3801) [3FE]
------making appropriations (see H.R. 4454) [19MY]
------making appropriations (H.R. 4454), consideration (see H.
Res. 444) [25MY]
------making appropriations (H.R. 4454), consideration of
conference report (see H. Res. 470) [29JN]
Lobbyists: disclosure of activities to influence the Federal
Government (see H.R. 5085) [23SE]
------disclosure of activities to influence the Federal Government
(S. 349), consideration of conference report (see H. Res. 550)
[27SE]
------prohibit former Members of Congress convicted of a felony
from lobbying in the legislative or executive branch of
Government (see H.R. 5174) [4OC]
National objectives: reduce power and reach of Federal Government
(see H.R. 4585) [16JN]
OMB: determine and report number of employees working under
contract for executive branch agencies (see H.R. 4487) [25MY]
Patents: fairness in compensating owners (see H.R. 4265) [20AP]
Public buildings: leasing requirements (see H.R. 4972) [16AU]
Public welfare programs: entitlements (see H. Con. Res. 301)
[30SE]
------entitlements (H. Con. Res. 301), consideration (see H. Res.
563) [4OC]
Radioactive substances: compensation of individuals who were
subjects in Government radiation experiments (see H.R. 3743,
4292) [26JA] [21AP]
Small business: encourage small and minority-owned businesses to
participate in Federal procurement and Government contracts
(see H.R. 4263) [20AP]
Surplus Government property: distribution to nonprofit
organizations providing assistance to the hungry or indigent
(see H.R. 4392) [11MY]
Territories: self-government relative to development of articles
of incorporation with the Federal Government (see H.R. 4442)
[17MY]
Women: establish offices of women's health within certain agencies
(see H.R. 3874) [22FE]
Messages
Federal Labor Relations Authority: President Clinton [3OC]
Inventory of the Federal Funds Distributed to Public
Telecommunication Entities by Federal Departments and
Agencies: President Clinton [18MY]
Rescissions and Deferrals of Budget Authority: President Clinton
[7FE]
Setting Forth the Federal Budget for 1995: President Clinton [7FE]
Motions
Budget: setting forth the Federal budget for 1995-99 (H. Con. Res.
218) [14AP]
Contracts: revise and streamline Federal procurement and
acquisition laws (S. 1587), insert language of H.R. 2238 in
lieu [27JN]
Dept. of Agriculture: reorganization (S. 1970) [28SE]
Federal employees: employee training restrictions, and temporary
voluntary separation incentive (H.R. 3345) [11MR]
------employee training restrictions, and temporary voluntary
separation incentive (H.R. 3345), conference report [23MR]
Independent counsel: reauthorize (H.R. 811) [10FE]
------reauthorize (S. 24) [10FE]
Legislative branch of the Government: making appropriations (H.R.
4454) [26MY] [28JN]
Lobbyists: disclosure of activities to influence the Federal
Government (S. 349), conference report [29SE]
Reports by conference committees
Federal Acquisition Streamlining Act (S. 1587) [21AU]
Federal Workforce Restructuring Act (H.R. 3345) [16MR]
Independent Counsel Reauthorization (S. 24) [19MY]
Legislative Branch of the Government Appropriations (H.R. 4454)
[28JN]
Lobbying Disclosure Act (S. 349) [26SE]
Setting Forth the Federal Budget for 1995-99 (H. Con. Res. 218)
[4MY]
Reports filed
Administrative Conference of the U.S. Extension: Committee on the
Judiciary (House) (H.R. 4490) (H. Rept. 103-854) [7OC]
Bankruptcy Reform Act: Committee on the Judiciary (House) (H.R.
5116) (H. Rept. 103-835) [4OC]
Congressional Accountability Act: Committee on House
Administration (House) (H.R. 4822) (H. Rept. 103-650) [2AU]
------Committee on Rules (House) (H.R. 4822) (H. Rept. 103-650)
[2AU]
Consideration of Conference Report on H.R. 4454, Legislative
Branch of the Government Appropriations: Committee on Rules
(House) (H. Res. 470) (H. Rept. 103-569) [29JN]
Consideration of Conference Report on S. 349, Lobbying Disclosure
Act: Committee on Rules (House) (H. Res. 550) (H. Rept. 103-
755) [27SE]
Consideration of H. Con. Res. 218, Setting Forth the Federal
Budget for 1995-99 (H. Res. 384) (H. Rept. 103-429) [9MR]
Consideration of H. Con. Res. 301, Public Welfare Programs
Entitlements: Committee on Rules (House) (H. Res. 563) (H.
Rept. 103-828) [4OC]
Consideration of H. Res. 578, Application of Certain Laws to the
House of Representatives: Committee on Rules (House) (H. Res.
579) (H. Rept. 103-851) [7OC]
Consideration of H.R. 811, Independent Counsel Reauthorization:
Committee on Rules (House) (H. Res. 352) (H. Rept. 103-419)
[8FE]
Consideration of H.R. 3345, Employee Training Restriction
Elimination and Temporary Voluntary Separation Incentive:
Committee on Rules (House) (H. Res. 357) (H. Rept. 103-422)
[9FE]
Consideration of H.R. 4454, Legislative Branch Appropriations:
Committee on Rules (House) (H. Res. 444) (H. Rept. 103-532)
[25MY]
Consideration of H.R. 4822, Congressional Accountability Act:
Committee on Rules (House) (H. Res. 514) (H. Rept. 103-691)
[9AU]
Consideration of S. 24, Independent Counsel Reauthorization:
Committee on Rules (House) (H. Res. 439) (H. Rept. 103-527)
[24MY]
Consideration of S. 455, Payments in Lieu of Taxes Act: Committee
on Rules (House) (H. Res. 565) (H. Rept. 103-830) [4OC]
Coverage of Court Officials Under Federal Employees Group Life
Insurance Program: Committee on Post Office and Civil Service
(House) (H.R. 3297) (H. Rept. 103-855) [7OC]
Determination of the Amount of Federal Payments to the District of
Columbia: Committee on the District of Columbia (House) (H.R.
2902) (H. Rept. 103-754) [27SE]
Encourage Small and Minority-Owned Businesses To Participate in
Federal Procurement and Government Contracts: Committee on
Small Business (House) (H.R. 4263) (H. Rept. 103-608) [18JY]
Federal Construction Procurement and Prevailing Wage Protection
for Construction Workers: Committee on Education and Labor
(House) (H.R. 1231) (H. Rept. 103-856) [7OC]
Federal Employees Family Friendly Leave Act: Committee on Post
Office and Civil Service (House) (H.R. 4361) (H. Rept. 103-
722) [19SE]
Federal Workforce Restructuring Act: committee of conference (H.R.
3345) (H. Rept. 103-435) [16MR]
Improve Government Procurement Process: Committee on Armed
Services (House) (H.R. 2238) (H. Rept. 103-545) [17JN]
------Committee on Government Operations (House) (H.R. 2238) (H.
Rept. 103-545) [13JN]
Independent Counsel Reauthorization: committee of conference (S.
24) (H. Rept. 103-511) [19MY]
Legislative Branch of the Government Appropriations: committee of
conference (H.R. 4454) (H. Rept. 103-567) [28JN]
------Committee on Appropriations (House) (H.R. 4454) (H. Rept.
103-517) [19MY]
Lobbying Disclosure Act: committee of conference (S. 349) (H.
Rept. 103-750) [26SE]
Office of Special Counsel Reauthorization: Committee on Post
Office and Civil Service (House) (H.R. 2970) (H. Rept. 103-
769) [30SE]
Payments in Lieu of Taxes Act: Committee on Natural Resources
(House) (S. 455) (H. Rept. 103-838) [5OC]
Setting Forth the Federal Budget for 1995-99: Committee on the
Budget (House) (H. Con. Res. 218) [8MR]
------committee of conference (H. Con. Res. 218) (H. Rept. 103-
490) [4MY]
Vegetable Ink Printing Act: Committee on Government Operations
(House) (S. 716) (H. Rept. 103-625) [28JY]
Waiving Points of Order Against Conference Report of H.R. 3345,
Federal Workforce Restructuring Act: Committee on Rules
(House) (H. Res. 388) (H. Rept. 103-436) [16MR]
Waiving Points of Order Against Conference Report on H. Con. Res.
218, Setting Forth the Federal Budget for 1995-99: Committee
on Rules (House) (H. Res. 418) (H. Rept. 103-494) [4MY]
GRAMS, ROD (a Representative from Minnesota)
Bills and resolutions introduced by
California: provide flexibility to depository institutions and
regulators to facilitate recovery from earthquake damages (see
H.R. 3799) [3FE]
Federal aid programs: termination relative to reauthorization by
Congress (see H.R. 3789) [3FE]
Health: Federal standards for malpractice claims (see H.R. 4791)
[19JY]
Nuclear energy: safe disposal of spent fuel (see H.R. 4887) [2AU]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
GRANDY, FRED (a Representative from Iowa)
Bills and resolutions introduced by
Plants: assist producers in replanting commercially grown trees
and plants that are destroyed by damaging weather (see H.R.
4133) [24MR]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
GREAT BRITAIN
see United Kingdom of Great Britain and Northern Ireland
GREECE
Bills and resolutions
World War II: slaughter of civilians in Kalavryta (see H. Con.
Res. 318) [29NO]
Messages
Agreement Between the U.S. and Greece Relative to Social Security:
President Clinton [26JA]
GREEN, FREDERICK S.
Reports filed
Frederick S. Green U.S. Courthouse, Urbana, IL: Committee on
Public Works and Transportation (House) (H.R. 4939) (H. Rept.
103-764) [29SE]
GREEN, GENE (a Representative from Texas)
Appointments
Conferee: H.R. 6, education programs appropriations [20SE]
------H.R. 1804, Goals 2000--Educate America Act [23FE] [11MR]
Bills and resolutions introduced by
POW: medical benefits for former civilian POW (see H.R. 4118)
[23MR]
GREENHOUSE EFFECT
see Ecology and Environment
GREENVILLE, NC
Reports filed
Walter B. Jones Federal Building and U.S. Courthouse, Greenville,
NC: Committee on Public Works and Transportation (House) (H.R.
4772) (H. Rept. 103-639) [1AU]
GREENWOOD, JAMES C. (a Representative from Pennsylvania)
Bills and resolutions introduced by
Chemical Dependency Nurses Week: designate (see H.J. Res. 314)
[1FE]
Housing: residency requirements for aliens relative to occupancy
in public housing (see H.R. 5038) [13SE]
[[Page 2765]]
Medicare: coverage of betaseron treatment for multiple sclerosis
(see H.R. 4654) [27JN]
Public welfare programs: benefit requirements for unmarried minors
who are parents (see H.R. 5039) [13SE]
States: limit out-of-State solid waste disposal (see H.R. 4073)
[17MR]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
GROSS DOMESTIC PRODUCT
see Economy
GROSS NATIONAL PRODUCT
see Economy
GUAM
Bills and resolutions
Foreign trade: grant authority for giving preference in awarding
contracts to companies employing U.S. citizens, nationals or
permanent resident aliens (see H.R. 5074) [22SE]
Territories: application of tariff provisions to the Virgin
Islands, Guam, and American Samoa (see H.R. 4380, 4628) [10MY]
[22JN]
------self-government relative to development of articles of
incorporation with the Federal Government (see H.R. 4442)
[17MY]
World War II: restitution to certain individuals for treatment
(see H.R. 4741) [13JY]
GUNDERSON, STEVE (a Representative from Wisconsin)
Appointments
Conferee: H.R. 6, education programs appropriations [20SE]
------H.R. 1804, Goals 2000--Educate America Act [23FE] [11MR]
------H.R. 2884, School-to-Work Opportunities Act [16MR]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Agriculture: establish a reserve fund to reimburse milk producers
for certain losses (see H.R. 4134) [24MR]
------milk production and prices relative to flood disasters (see
H.R. 5184) [5OC]
Education: expand the role of public schools to provide community
service (see H.R. 3734) [26JA]
Employment: establish a workforce skills and development loan
program for upgrading skills of non-managerial employees (see
H.R. 4222) [14AP]
Wisconsin: transfer lands associated with LaFarge Dam and Lake
(see H.R. 4575) [14JN]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
Education: authorizing appropriations for certain programs (H.R.
6) [20SE]
GUNS
see Firearms; Weapons
GUTIERREZ, LUIS V. (a Representative from Illinois)
Bills and resolutions introduced by
Leyte Landing Day: designate (see H.J. Res. 400) [10AU]
Members of Congress: ensure public awareness of Members' parking
facilities throughout the Metropolitan Washington Airports
Authority (see H.R. 4466) [20MY]
Peruvian Institutions in the U.S. Week: designate (see H.J. Res.
429) [29NO]
Ukrainian Independence Day: designate (see H. Con. Res. 283)
[16AU]
Voting: increase the number of college students who register and
vote (see H.R. 5265) [7OC]
HAITI, REPUBLIC OF
Bills and resolutions
Foreign policy: support democracy restoration, grant temporary
protected status to alien Haitians in U.S., and terminate
migrant interdiction agreement (see H.R. 4264) [20AP]
Immigration: adjustment of lawful permanent resident status of
Haitians in the U.S. (see H.R. 4249) [19AP]
International relations: U.S. proposal of international
conservatorship (see H. Con. Res. 260) [24JN]
Messages
Blocking of Property in the U.S. of Certain Haitian Nationals:
President Clinton [22JN]
Haitian Embargo: President Clinton [23MY]
National Emergency With Respect to Haiti: President Clinton [30SE]
Prohibiting Additional Transactions With Haiti: President Clinton
[10JN]
Sanctions Against Haiti: President Clinton [26AP] [9MY]
Reports filed
Consideration of H.J. Res. 416, Presence of U.S. Armed Forces in
Haiti: Committee on Rules (House) (H. Res. 570) (H. Rept. 103-
840) [5OC]
Presence of U.S. Armed Forces in Haiti: Committee on Foreign
Affairs (House) (H.J. Res. 416) (H. Rept. 103-819) [3OC]
HALL, RALPH M. (a Representative from Texas)
Bills and resolutions introduced by
NASA: tribute to astronauts involved in exploration of the Moon
(see H. Con. Res. 261) [24JN]
------tribute to military branch astronauts who performed missions
to the Moon (see H. Con. Res. 312) [6OC]
U.S. Botanic Garden: mint coins in commemoration of 175th
anniversary (see H.R. 4135) [24MR]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
HALL, SAM B., JR. (a former Representative from Texas)
Reports filed
Sam B. Hall, Jr., Federal Building and U.S. Courthouse, Marshall,
TX: Committee on Public Works and Transportation (House) (H.R.
3840) (H. Rept. 103-514) [19MY]
HALL, TONY P. (a Representative from Ohio)
Bills and resolutions introduced by
Aeronautics: establish a commission to commemorate the first
powered-airplane flight by Wilbur and Orville Wright (see H.R.
5077) [22SE]
Energy and water development: making appropriations (H.R. 4506),
consideration (see H. Res. 449) [9JN]
Federal aid programs: reauthorization of Head Start, LIHEAP,
Community Development Block Grant Program, and Coordinated
Services for Children, Youth, and Families (S. 2000),
consideration of conference report (see H. Res. 421) [11MY]
Foreign operations, export financing, and related programs: making
appropriations (H.R. 4426), consideration (see H. Res. 441,
443) [24MY] [25MY]
Haiti: presence of U.S. Armed Forces (H.J. Res. 416),
consideration (see H. Res. 570) [5OC]
Military construction: making appropriations (H.R. 4453),
consideration (see H. Res. 433) [23MY]
National Character Counts Week: designate (see H.J. Res. 366)
[11MY]
Native Americans: restore Federal services to the Pokagon Band of
Potawatomi Indians (S. 1066), consideration (see H. Res. 502)
[1AU]
Reports filed
Consideration of Conference Report on S. 2000, Reauthorization of
Certain Federal Aid Programs: Committee on Rules (House) (H.
Res. 421) (H. Rept. 103-502) [11MY]
Consideration of H.J. Res. 416, Presence of U.S. Armed Forces in
Haiti: Committee on Rules (House) (H. Res. 570) (H. Rept. 103-
840) [5OC]
Consideration of H.R. 4426, Foreign Operations, Export Financing,
and Related Programs Appropriations: Committee on Rules
(House) (H. Res. 441) (H. Rept. 103-529) [24MY]
------Committee on Rules (House) (H. Res. 443) (H. Rept. 103-530)
[25MY]
Consideration of H.R. 4453, Military Construction Appropriations:
Committee on Rules (House) (H. Res. 433) (H. Rept. 103-523)
[23MY]
Consideration of H.R. 4506, Energy and Water Development
Appropriations: Committee on Rules (House) (H. Res. 449) (H.
Rept. 103-540) [9JN]
Consideration of S. 1066, Restore Federal Services to the Pokagon
Band of Potawatomi Indians: Committee on Rules (House) (H.
Res. 502) (H. Rept. 103-648) [1AU]
Consideration of S. 1357, Little Traverse Bay Bands of Odawa
Indians and the Little River Band of Ottawa Indians Act:
Committee on Rules (House) (H. Res. 501) (H. Rept. 103-647)
[1AU]
NSF Appropriations: Committee on Rules (House) (H.R. 3254) (H.
Rept. 103-485) [28AP]
HALLUCINOGENIC DRUGS
see Drugs
HAMBURG, DAN (a Representative from California)
Bills and resolutions introduced by
Contracts: require local hiring preference on certain defense
contracts near labor surplus areas or closing military bases
(see H.R. 4309) [28AP]
Ecology and environment: restore aquatic ecosystems (see H.R.
4481) [24MY]
Milt Brandt Visitors Center, Warm Springs Dam, CA: designate (see
H.R. 3972) [8MR]
Redwood Valley Water District: loan authority (see H.R. 4925)
[9AU]
Russian River: restoration of anadromous fish habitat (see H.R.
4408) [12MY]
HAMER, FANNIE LOU
Bills and resolutions
Fannie Lou Hamer U.S. Post Office, Ruleville, MS: designate (see
H.R. 4452) [18MY]
HAMILTON, LEE H. (a Representative from Indiana)
Appointments
British-American Interparliamentary Group [5MY]
Canada-U.S. Interparliamentary Group [18MY]
Commission on Protecting and Reducing Government Secrecy [29NO]
Conferee: H.R. 1804, Goals 2000--Educate America Act [11MR]
------H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 2739, Airport and Airway Improvement Act appropriations
[26JY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------H.R. 3841, Interstate Banking Efficiency Act [12MY]
------H.R. 4950, Jobs Through Trade Expansion Act [4OC]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
North Atlantic Assembly [25MY]
Bills and resolutions introduced by
Chemical Weapons Convention: implementation (see H.R. 4849) [28JY]
China, People's Republic of: promote respect for human rights (see
H.R. 4891) [3AU]
Committee on Foreign Affairs (House): expenses for investigations
and studies (see H. Res. 348) [7FE]
Export Administration Act: extend (see H.R. 4635, 5009) [23JN]
[21AU]
Foreign aid: drug control activities (see H.R. 5030) [13SE]
Foreign Assistance Act: repeal (see H.R. 3765) [2FE]
Foreign trade: administration of export controls (see H.R. 5108)
[27SE]
------export control (see H.R. 4663) [28JN]
Legislative branch of the Government: improve operation and
administration (see H.R. 3801) [3FE]
Navy: authorize transfer of vessels to foreign countries (see H.R.
4429, 5155) [17MY] [3OC]
------authorize transfer of vessels to foreign countries (H.R.
4429), Senate amendments (see H. Res. 499) [1AU]
Reports by conference committees
Dept. of State, USIA, and Related Agencies Appropriations (H.R.
2333) [26AP]
Reports filed
Dept. of State, USIA, and related agencies appropriations:
committee of conference (H.R. 2333) (H. Rept. 103-482) [25AP]
Export Administration Act: Committee on Foreign Affairs (House)
(H.R. 3937) (H. Rept. 103-531) [25MY]
Foreign Aid Assistance to Promote Peaceful Resolution of Conflicts
in Africa: Committee on Foreign Affairs (House) (H.R. 4541)
(H. Rept. 103-723) [19SE]
International Narcotics Control Corrections Act: Committee on
Foreign Affairs (House) (H.R. 5030) (H. Rept. 103-724) [19SE]
Jobs Through Trade Expansion Act: Committee on Foreign Affairs
(House) (H.R. 4950) (H. Rept. 103-726) [19SE]
[[Page 2766]]
Presence of U.S. Armed Forces in Haiti: Committee on Foreign
Affairs (House) (H.J. Res. 416) (H. Rept. 103-819) [3OC]
Promote the Export of Environmental Technologies, Goods and
Services: Committee on Foreign Affairs (House) (H.R. 3813) (H.
Rept. 103-478) [18AP]
HANCOCK, MEL (a Representative from Missouri)
Bills and resolutions introduced by
Taxation: treatment of aviation gasoline (see H.R. 4588) [16JN]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
HANDICAPPED
see Disabled
HANDICRAFTS
Bills and resolutions
National Sewing Month: designate (see H.J. Res. 337) [15MR]
HANSEN, JAMES V. (a Representative from Utah)
Appointments
Conferee: H.R. 4299, intelligence services appropriations [13SE]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Colorado River: salinity control in the Imperial Dam area (see
H.R. 4976) [17AU]
Dept. of Defense: postpone certain scheduled base closures (see
H.R. 4311) [28AP]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
HARBORS
related term(s) Water
Bills and resolutions
Water: conservation and development of resources, and river and
harbor improvement projects (see H.R. 4886) [2AU]
Reports filed
Conservation and Development of Resources, and River and Harbor
Improvement Projects: Committee on Public Works and
Transportation (House) (H.R. 4460) (H. Rept. 103-770) [30SE]
HARMAN, JANE (a Representative from California)
Appointments
Conferee: H.R. 2739, Airport and Airway Improvement Act
appropriations [26JY]
Bills and resolutions introduced by
Firearms: prohibitions for convicted felons and other individuals
against possessing, shipping, transporting or receiving
firearms or ammunition (see H.R. 3827) [9FE]
Foreign trade: regulation of commercial communications satellites
(see H.R. 4276) [21AP]
Homeless: modify procedures for converting underutilized buildings
and real property of realigned military installations into
homeless shelters (see H.R. 5078) [22SE]
HARRIS, CLAUDE (a former Representative from Alabama)
Reports filed
Claude Harris, Jr., Veterans' Medical Center Building, Tuscaloosa,
AL: Committee on Veterans' Affairs (House) (H.R. 4948) (H.
Rept. 103-823) [3OC]
HASTERT, J. DENNIS (a Representative from Illinois)
Appointments
Committee for the Funeral of Dean A. Gallo [29NO]
Conferee: H.R. 3474, Community Development, Credit Enhancement,
and Regulatory Improvement Act [21AP]
------S. 1587, Federal Acquisition Streamlining Act [4AU]
------S. 2000, Head Start, LIHEAP, Community Development Block
Grant Program, and Coordinated Services for Children, Youth,
and Families reauthorization [28AP]
Bills and resolutions introduced by
Center City Church Week: designate (see H.J. Res. 419) [30SE]
Social Security: earnings test for retirement age individuals
(H.R. 300), consideration (see H. Res. 402) [12AP]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
HASTINGS, ALCEE L. (a Representative from Florida)
Bills and resolutions introduced by
Gallant Lady (vessel): certificate of documentation (see H.R.
4835) [26JY]
Haiti: presence of U.S. Armed Forces (see H. Res. 540) [22SE]
Rwanda: U.S. policy on humanitarian and political plight (see H.
Res. 453) [13JN]
HAWAII
Bills and resolutions
Agriculture: emergency crop loss assistance for production losses
incurred through hurricane or typhoon damage to papaya,
banana, or other fruit-bearing trees (see H.R. 3829) [9FE]
HAWAIIANS
see Native Americans
HAYES, JAMES A. (a Representative from Louisiana)
Bills and resolutions introduced by
Insurance: promote health insurance portability and coverage of
existing health conditions (see H.R. 5302) [29NO]
OSHA: assist small business with compliance to laws and policies
(see H.R. 5266) [7OC]
Taxation: deny earned income credit to undocumented aliens and
prevent fraudulent claims for earned income credit (see H.R.
5301) [29NO]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
HAZARDOUS SUBSTANCES
related term(s) Radioactive Substances
Appointments
National Urban Air Toxics Research Center [22JY]
Bills and resolutions
Ecology and environment: regulation of the burning of waste in
cement kilns (see H.R. 4984) [18AU]
Lead: reduce the levels in the environment (see H.R. 4882) [1AU]
------reduce the levels in the environment (S. 729), return to
Senate (see H. Res. 486) [21JY]
Nevada Test Site, NV: environmental restoration study (see H.R.
4359) [5MY]
Nuclear energy: safe disposal of spent fuel (see H.R. 4887) [2AU]
Pipelines: mandatory one-call system to protect underground
facilities from damage by any excavation (see H.R. 5248) [7OC]
Radioactive substances: clarify Federal obligation to take title
and possession of high-level radioactive waste and establish
an interim spent nuclear fuel storage facility (see H.R. 5057)
[19SE]
------compensation of individuals who were subjects in Government
radiation experiments (see H.R. 3743, 4292) [26JA] [21AP]
------improve and increase radon testing products and services
(H.R. 2448), consideration (see H. Res. 491) [27JY]
Sewage disposal: management plans relative to alternatives to
ocean dumping (see H.R. 4447) [18MY]
Shipping industry: transport of equipment intended for cleanup of
radioactive waste under Federal contract (see H.R. 4743)
[13JY]
Motions
Health: indoor air quality and radon abatement (S. 656) [3OC]
Reports filed
Consideration of H.R. 2448, Improve and Increase Radon Testing
Products and Services: Committee on Rules (House) (H. Res.
491) (H. Rept. 103-622) [27JY]
Ocean Radioactive Dumping Ban Act: Committee on Merchant Marine
and Fisheries (House) (H.R. 3982) (H. Rept. 103-522) [23MY]
Radon Testing Products and Services: Committee on Energy and
Commerce (House) (H.R. 2448) (H. Rept. 103-574) [30JN]
Streamline and Improve Cleanup Standards of CERCLA: Committee on
Energy and Commerce (House) (H.R. 3800) (H. Rept. 103-582)
[12JY]
------Committee on Public Works and Transportation (House) (H.R.
3800) (H. Rept. 103-582) [8AU]
------Committee on Ways and Means (House) (H.R. 3800) (H. Rept.
103-582) [26AU]
HEADWATERS FOREST ACT
Reports filed
Consideration of H.R. 2866, Protection and Management of Redwood
Forest Areas and Addition of Certain Lands and Waters:
Committee on Rules (House) (H. Res. 536) (H. Rept. 103-732)
[20SE]
Provisions: Committee on Natural Resources (House) (H.R. 2866) (H.
Rept. 103-667) [4AU]
HEALTH
related term(s) Diseases; Public Health Service
Appointments
Conferees: H.R. 2659, bone marrow and organ transplant programs
[13AP]
------S. 1569, Minority Health Improvement Act [23MY] [26SE]
Bills and resolutions
Airlines: discourage the practice in foreign countries of
disinsection of aircraft while passengers are aboard (see H.
Con. Res. 307) [5OC]
Aliens: identification of undocumented aliens receiving health
care services (see H.R. 3930) [1MR]
Black Lung Benefits Act: improve (see H.R. 4415) [12MY]
Congress: application of certain employment, health, and safety
laws and rights (see H.R. 4444) [18MY]
Consumers: quality safeguards for health care insurance, products
and services (see H.R. 4960) [12AU]
Courts: Federal standards for malpractice claims (see H.R. 5253)
[7OC]
Diseases: authorize study of breast and prostate cancer (see H.R.
5257) [7OC]
------disclosure of HIV status of newborn infants to the legal
guardians (see H.R. 4507) [26MY]
------encourage community establishment of multidisciplinary team
approaches to treat children who suffer from sickle cell
disease (see H. Res. 538) [21SE]
Elders, Joycelyn: call for resignation as Surgeon General (see H.
Con. Res. 297) [26SE]
Federal Coordinating Council on Community Safety and Empowerment:
establish (see H.R. 4185) [13AP]
Federal Employees Health Benefits Program: enrollment of
individuals currently in a health plan administered by the
Comptroller of the Currency or the Office of Thrift
Supervision (see H.R. 5164) [4OC]
Foreign trade: exports of medical devices (see H.R. 5188) [5OC]
FTC: issue trade regulation rule to release the prescription of
contact lenses (see H.R. 5195) [5OC]
Government: entitlements (see H. Con. Res. 301) [30SE]
------entitlements (H. Con. Res. 301), consideration (see H. Res.
563) [4OC]
------standardize health benefits claim forms for Federal
employees and the Uniformed Services (see H.R. 4241) [18AP]
Hazardous substances: reduce the levels of lead in the environment
(see H.R. 4882) [1AU]
------reduce the levels of lead in the environment (S. 729),
return to Senate (see H. Res. 486) [21JY]
Health care facilities: authorize grants for free health clinics
that serve uninsured individuals (see H.R. 4431) [17MY]
Health care professionals: enrollment of civilians in the
physicians assistant training program at the Academy of Health
Sciences at Fort Sam Houston, TX (see H.R. 3868) [11FE]
------incentives for service in rural areas (see H.R. 4688) [30JN]
Insurance: promote health insurance portability and coverage of
existing health conditions (see H.R. 5302) [29NO]
Jean Mayer Human Nutrition Research Center on Aging, Boston, MA:
designate (see H.R. 4204) [13AP]
Meat, Poultry, and Eggs Inspection Agency: establish (see H.R.
3751) [26JA]
Medicaid: State coverage of children with special health care
needs (see H.R. 4687) [30JN]
Medicare: availability of patient record to treating physicians
(see H.R. 3907) [24FE]
------consideration of health of primary caregiver in coverage of
durable medical equipment (see H.R. 4756) [14JY]
[[Page 2767]]
------coverage of betaseron treatment for multiple sclerosis (see
H.R. 4610, 4654) [21JN] [27JN]
------limitation on payment for outpatient hospital service (see
H.R. 4216) [14AP]
------open enrollment period for individuals formerly covered
under group health plans of local educational agencies (see
H.R. 5153) [30SE]
------prospective payment wage index modifier for rural hospitals
(see H.R. 5276) [7OC]
Members of Congress: ensure equal coverage and benefits as private
citizens under national health care system (see H. Res. 434)
[23MY]
Mennonite Mutual Aid (organization): tribute (see H. Res. 478)
[14JY]
Mental health: prohibit the use of bounty hunters by mental health
care providers to attract patients for treatment (see H.R.
4113) [23MR]
------provide extension of certain provisions for block grants for
mental health and substance abuse treatment (see H.R. 5094)
[23SE]
Multiple Sclerosis Association of America Month: designate (see
H.J. Res. 381) [21JN]
National Breast Cancer Awareness Month: designate (see H.J. Res.
311) [1FE]
National Community Residential Care Month: designate (see H.J.
Res. 330) [3MR]
National objectives: access to long-term care services (see H.R.
4632) [22JN]
------choice of medical treatment methods (see H.R. 4696) [30JN]
------ensure equal coverage of children under family class
enrollment plans in health care reform (see H.R. 4829) [26JY]
------ensure preservation of group health insurance packages and
prevent discriminatory practices in health care reform
legislation (see H. Con. Res. 256) [16JN]
------establish community-based managed care programs in medically
disadvantaged areas (see H.R. 4294) [21AP]
------evaluation of impact of policy to provide health care and
reform insurance procedures (see H.R. 4463) [19MY]
------inclusion of mental health and substance abuse benefits in
health care reform (see H.R. 4376) [10MY]
------policy to provide health care and reform insurance
procedures (see H.R. 4856, 5300) [28JY] [29NO]
------policy to provide health care and reform insurance
procedures (H.R. 3600), consideration of substitute amendment
(see H. Res. 508) [4AU]
------referendum on national health care reform (see H. Con. Res.
310) [6OC]
National Parkinson's Disease Awareness Week: designate (see H.J.
Res. 359) [20AP]
National Red Ribbon Week for a Drug-Free America: designate (see
H.J. Res. 409) [13SE]
National Weather Service: study the health risks associated with
doppler radar installations (see H.R. 3850) [10FE]
NIH: establish a center for rare disease research (see H.R. 5173)
[4OC]
Office of National Drug Control Policy: maintain staffing and
funding levels (see H.R. 5087) [23SE]
Pediatric and Adolescent AIDS Awareness Week: designate (see H.J.
Res. 334) [10MR]
POW: medical benefits for former civilian POW (see H.R. 4118)
[23MR]
Presidential Commission on Telemedicine: establish (see H.R. 4725)
[12JY]
Public Health Service: improve health of disadvantaged individuals
(S. 1569), consideration of conference report (see H. Res.
574) [6OC]
------improve health of minorities (see H.R. 3896) [24FE]
------modify eligibility requirements for appointment as Surgeon
General (see H.R. 5066) [20SE]
------revise and extend programs to improve the health of
individuals of minority groups (see H.R. 3804) [3FE]
------toll-free information on health services availability in
rural areas (see H.R. 4282) [21AP]
Radioactive substances: compensation eligibility requirements
relative to exposure resulting in stomach cancer (see H.R.
4107) [22MR]
------compensation of individuals who were subjects in Government
radiation experiments (see H.R. 3743, 4292) [26JA] [21AP]
------improve and increase radon testing products and services
(H.R. 2448), consideration (see H. Res. 491) [27JY]
Rural areas: establish community rural health networks (see H.R.
4690) [30JN]
Social Security: require nondiscrimination policies for State
hospitals and nursing facilities receiving funds (see H.R.
5104, 5105) [26SE]
Social Security Act: technical amendments (see H.R. 5252) [7OC]
Sports: safety for journeyman boxers (see H.R. 4753, 4900) [13JY]
[4AU]
SSI: provide benefits to needy children for health, child care,
and other support services (see H.R. 3737) [26JA]
Taxation: treatment of health insurance costs of self-employed
individuals (see H.R. 5111, 5137) [27SE] [29SE]
------treatment of long-term health care insurance (see H.R. 4769)
[14JY]
Tobacco products: award Congressional Medal of Appreciation for
Public Spirit to person who made public concealed documents
relative to health hazards of smoking (see H.J. Res. 367)
[18MY]
Traumatic brain injuries: studies and programs (S. 725),
corrections in engrossment of House amendment (see H. Res.
534) [20SE]
Vaccinations: injury compensation requirements (see H.R. 4970)
[16AU]
Veterans: add bronchioloalveolar carcinoma to the list of service-
connected diseases (see H.R. 4156) [24MR]
------permit retirement pay concurrently with service-connected
disability benefits (H.R. 65), consideration (see H. Res. 382)
[9MR]
Water: bottled water contaminant level requirements (see H.R.
4651) [27JN]
Women: development and operation of women's health regional
centers to conduct research, training and education (see H.R.
5083) [22SE]
------establish offices of women's health within certain agencies
(see H.R. 3874) [22FE]
------inclusion of breast and cervical cancer screenings and
gynecological services in a national health care plan (see H.
Con. Res. 217) [8MR]
Messages
Radiation Control for Health and Safety Act: President Clinton
[22FE]
Motions
Hazardous substances: indoor air quality and radon abatement (S.
656) [3OC]
Public Health Service: improve health of disadvantaged individuals
(S. 1569) [23MY]
Reports by conference committees
Minority Health Improvement Act (S. 1569) [6OC]
Reports filed
Black Lung Benefits Act Improvements: Committee on Education and
Labor (House) (H.R. 2108) (H. Rept. 103-507) [12MY]
Collection of Application Fees for Medical Device Approvals:
Committee on Energy and Commerce (House) (H.R. 4864) (H. Rept.
103-751) [26SE]
Compensation for Persian Gulf Conflict Veterans and Increased
Research Relative to Illnesses Attributed to Service During
Conflict: Committee on Veterans' Affairs (House) (H.R. 4386)
(H. Rept. 103-669) [4AU]
Consideration of Conference Report on S. 1569, Minority Health
Improvement Act: Committee on Rules (House) (H. Res. 574) (H.
Rept. 103-845) [6OC]
Consideration of H. Con. Res. 301, Public Welfare Programs
Entitlements: Committee on Rules (House) (H. Res. 563) (H.
Rept. 103-828) [4OC]
Consideration of H.R. 2108, Black Lung Benefits Act Improvement:
Committee on Rules (House) (H. Res. 428) (H. Rept. 103-508)
[17MY]
Consideration of H.R. 2448, Improve and Increase Radon Testing
Products and Services: Committee on Rules (House) (H. Res.
491) (H. Rept. 103-622) [27JY]
Extension of Certain Nutrition and School Lunch Programs:
Committee on Agriculture (House) (H.R. 8) (H. Rept. 103-535)
[24JN]
------Committee on Education and Labor (House) (H.R. 8) (H. Rept.
103-535) [8JN]
Government Regulations on Orphan Drugs: Committee on Energy and
Commerce (House) (H.R. 4865) (H. Rept. 103-746) [26SE]
Health Security Act: Committee on Armed Services (House) (H.R.
3600) (H. Rept. 103-601) [28JY]
------Committee on Education and Labor (House) (H.R. 3600) (H.
Rept. 103-601) [22JY]
------Committee on Government Operations (House) (H.R. 3600) (H.
Rept. 103-601) [12AU]
------Committee on Natural Resources (House) (H.R. 3600) (H. Rept.
103-601) [6OC]
------Committee on Post Office and Civil Service (House) (H.R.
3600) (H. Rept. 103-601) [7OC]
------Committee on Veterans' Affairs (House) (H.R. 3600) (H. Rept.
103-601) [2AU]
------Committee on Ways and Means (House) (H.R. 3600) (H. Rept.
103-601) [14JY]
Indian Lands Open Dump Cleanup Act: Committee on Natural Resources
(House) (S. 720) (H. Rept. 103-783) [3OC]
Minority Health Improvement Act: committee of conference (S. 1569)
(H. Rept. 103-843) [6OC]
Misused Science--The National Cancer Institute's Elimination of
Mammography Guidelines for Women in Their Forties: Committee
on Government Operations (House) (H. Rept. 103-863) [29NO]
National Policy To Provide Health Care and Reform Insurance
Procedures: Committee on Education and Labor (House) (H.R.
3960) (H. Rept. 103-618) [22JY]
National Program To Reduce Indoor Air Contaminants: Committee on
Energy and Commerce (House) (H.R. 2919) (H. Rept. 103-719)
[13SE]
Ocean Radioactive Dumping Ban Act: Committee on Merchant Marine
and Fisheries (House) (H.R. 3982) (H. Rept. 103-522) [23MY]
OSHA Reform: Committee on Education and Labor (House) (H.R. 1280)
(H. Rept. 103-825) [3OC]
Poison Control Centers--On the Brink of Extinction: Committee on
Government Operations (House) (H. Rept. 103-860) [29NO]
Radon Testing Products and Services: Committee on Energy and
Commerce (House) (H.R. 2448) (H. Rept. 103-574) [30JN]
Revise and Extend Programs to Improve the Health of Individuals of
Minority Groups: Committee on Energy and Commerce (House)
(H.R. 3869) (H. Rept. 103-501) [11MY]
Risk Assessment Improvement Act: Committee on Science, Space, and
Technology (House) (H.R. 4306) (H. Rept. 103-857) [7OC]
Staffing Guidelines for the Veterans Health Administration and
Establishment of Health Care Delivery Programs: Committee on
Veterans' Affairs (House) (H.R. 4013) (H. Rept. 103-477)
[14AP]
U.S.-Mexico Border Health Commission Establishment: Committee on
Energy and Commerce (House) (H.R. 2305) (H. Rept. 103-710)
[19AU]
Workplace Safety for Federal and Postal Service Employees:
Committee on Post Office and Civil Service (House) (H.R. 115)
(H. Rept. 103-858) [7OC]
HEALTH CARE FACILITIES
Appointments
Conferees: S. 636, Freedom of Access to Clinic Entrances Act
[17MR]
Bills and resolutions
Aliens: identification of undocumented aliens receiving health
care services (see H.R. 3930) [1MR]
Civil liberties: access to clinic entrances (S. 636), request
conference with the Senate (see H. Res. 374) [2MR]
------access to clinic entrances (S. 636), waiving points of order
against conference report (see H. Res. 417) [4MY]
Federal aid programs: authorize grants for free health clinics
that serve uninsured individuals (see H.R. 4431) [17MY]
[[Page 2768]]
Health: development and operation of women's health regional
centers to conduct research, training and education (see H.R.
5083) [22SE]
------encourage community establishment of multidisciplinary team
approaches to treat children who suffer from sickle cell
disease (see H. Res. 538) [21SE]
------quality safeguards for consumers of health care insurance,
products and services (see H.R. 4960) [12AU]
Medicare: limitation on payment for outpatient hospital service
(see H.R. 4216) [14AP]
Social Security: require nondiscrimination policies for State
hospitals and nursing facilities receiving funds (see H.R.
5104, 5105) [26SE]
Motions
Civil liberties: access to clinic entrances (S. 636) [17MR]
------access to clinic entrances (S. 636), conference report [5MY]
Reports by conference committees
Freedom of Access to Clinic Entrances Act (S. 636) [2MY]
Reports filed
Claude Harris, Jr., Veterans' Medical Center Building, Tuscaloosa,
AL: Committee on Veterans' Affairs (House) (H.R. 4948) (H.
Rept. 103-823) [3OC]
Construction of Dept. of Veterans Affairs Medical Facilities:
Committee on Veterans Affairs (House) (H.R. 4425) (H. Rept.
103-518) [20MY]
Construction of Facility at the Hines Veterans Hospital, Hines,
IL: Committee on Veterans' Affairs (House) (H.R. 1617) (H.
Rept. 103-476) [14AP]
Freedom of Access to Clinic Entrances Act: committee of conference
(S. 636) (H. Rept. 103-488) [2MY]
Request Conference With the Senate on S. 636, Freedom of Access to
Clinic Entrances Act: Committee on Rules (House) (H. Res. 374)
(H. Rept. 103-427) [2MR]
Waiving Points of Order Against Conference Report on S. 636,
Freedom of Access to Clinic Entrances Act: Committee on Rules
(House) (H. Res. 417) (H. Rept. 103-493) [4MY]
HEALTH CARE PROFESSIONALS
related term(s) Public Health Service
Bills and resolutions
Chemical Dependency Nurses Week: designate (see H.J. Res. 314)
[1FE]
Education: enrollment of civilians in the physicians assistant
training program at the Academy of Health Sciences at Fort Sam
Houston, TX (see H.R. 3868) [11FE]
Firefighters: exempt firefighters and rescue squad workers from
certain provisions of the Fair Labor Standards Act relative to
volunteer work in a professional capacity (see H.R. 3949)
[3MR]
Health: development and operation of women's health regional
centers to conduct research, training and education (see H.R.
5083) [22SE]
------encourage community establishment of multidisciplinary team
approaches to treat children who suffer from sickle cell
disease (see H. Res. 538) [21SE]
Medicare: availability of patient record to treating physicians
(see H.R. 3907) [24FE]
National Wartime Nurses Recognition Day: designate (see H.J. Res.
375) [13JN]
HEALTH INSURANCE
see Health; Insurance
HEALTH SECURITY ACT
Bills and resolutions
Enact (H.R. 3600): consideration of substitute amendment (see H.
Res. 508) [4AU]
Reports filed
Provisions: Committee on Armed Services (House) (H.R. 3600) (H.
Rept. 103-601) [28JY]
------Committee on Education and Labor (House) (H.R. 3600) (H.
Rept. 103-601) [22JY]
------Committee on Government Operations (House) (H.R. 3600) (H.
Rept. 103-601) [12AU]
------Committee on Natural Resources (House) (H.R. 3600) (H. Rept.
103-601) [6OC]
------Committee on Post Office and Civil Service (House) (H.R.
3600) (H. Rept. 103-601) [7OC]
------Committee on Veterans' Affairs (House) (H.R. 3600) (H. Rept.
103-601) [2AU]
------Committee on Ways and Means (House) (H.R. 3600) (H. Rept.
103-601) [14JY]
HEFLEY, JOEL (a Representative from Colorado)
Appointments
Conferee: S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
U.S. Air Force Academy Board of Visitors [21JN]
Bills and resolutions introduced by
Archaeology: provide for the study of certain prehistoric
resources (see H.R. 4871) [1AU]
House Rules: amend to require a three-fifths majority on the
passage of any legislation increasing revenues (see H. Res.
381) [8MR]
------limit appropriations for office salaries and expenses (see
H. Res. 365) [22FE]
National parks and recreation areas: review management and reform
process for consideration of additions to parks (see H.R.
4476) [24MY]
OSHA: reform agency goals and activities and promote cooperation
and education with employers (see H.R. 5146) [30SE]
Space policy: establish Launch Services Corp. (see H.R. 4482)
[24MY]
Taxation: allow targeted jobs credit for employment of individuals
receiving or eligible for unemployment compensation (see H.R.
3828) [9FE]
------treatment of military moving expenses (see H.R. 4782) [19JY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
HEFNER, W.G. (BILL) (a Representative from North Carolina)
Appointments
Conferee: H.R. 3759, making supplemental appropriations [10FE]
------H.R. 4453, military construction appropriations [26JY]
------H.R. 4650, Dept. of Defense appropriations [13SE]
U.S. Military Academy Board of Visitors [21JN]
Bills and resolutions introduced by
Military construction: making appropriations (see H.R. 4453)
[19MY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
Military construction: making appropriations (H.R. 4453) [24MY]
------making appropriations (H.R. 4453), conference report [1AU]
Reports by conference committees
Dept. of Defense Appropriations (H.R. 4650) [26SE]
Military Construction Appropriations (H.R. 4453) [27JY]
Reports filed
Military Construction Appropriations: Committee of Conference
(H.R. 4453) (H. Rept. 103-624) [27JY]
------Committee on Appropriations (House) (H.R. 4453) (H. Rept.
103-516) [19MY]
HELIUM ACT
Reports filed
Prohibit Bureau of Mines From Refining and Selling Helium, and
Dispose of Helium Reserve: Committee on Natural Resources
(House) (H.R. 3967) (H. Rept. 103-661) [3AU]
HELSINKI ACCORDS
see Treaties
HERGER, WALLY (a Representative from California)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Bills and resolutions introduced by
Aliens: identification of undocumented aliens receiving health
care services (see H.R. 3930) [1MR]
California: declare state of emergency on Federal lands due to
wildfires (see H.R. 4742) [13JY]
Dept. of the Interior: convey certain lands (see H.R. 4715) [30JN]
Forest Service: distribution of timber sales receipts relative to
forests affected by protection of the California spotted owl
(see H.R. 3928) [1MR]
National Register of Historic Places: prohibit inclusion of
certain sites (see H.R. 5185) [5OC]
Social Security: determination of disability benefits relative to
drug trafficking enterprises and ability to engage in gainful
activities (see H.R. 3929) [1MR]
------provision of disability insurance benefits for substance
abuse treatment (see H.R. 4136) [24MR]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
HEROISM
Bills and resolutions
NASA: tribute to military branch astronauts who performed missions
to the Moon (see H. Con. Res. 312) [6OC]
Vela, Rudolph S.: waive certain time restrictions relative to
awarding of the Medal of Honor (see H.R. 3891) [23FE]
HIGH SCHOOLS
see Schools
HIGHER EDUCATION ACT
Bills and resolutions
Colleges and universities: qualifications for certain education
programs (see H.R. 4341) [4MY]
Martin University: participation in certain education programs
(see H.R. 4342) [4MY]
HIGHWAY SAFETY ACT
Messages
Highway Safety Act and the Motor Vehicle Safety Act: President
Clinton [3OC]
HIGHWAYS
see Roads and Highways
HIJACKING
see Terrorism
HILLIARD, EARL F. (a Representative from Alabama)
Appointments
Interparliamentary Union [18MR]
Bills and resolutions introduced by
Bryant, Paul (Bear): issue commemorative postage stamp (see H.
Con. Res. 259) [23JN]
Davey Allison Remembrance Day: designate (see H.J. Res. 309)
[26JA]
EEOC: guidelines relative to religious harassment in employment
(see H. Con. Res. 265) [12JY]
Harris, Claude: tribute (see H. Res. 567) [4OC]
Mahoney, Mary Eliza: issue commemorative postage stamp (see H.
Con. Res. 258) [23JN]
Saudi Arabia: resolution of commercial disputes with U.S. firms
(see H.R. 4096) [21MR]
Southern Rural Development Commission: establish (see H.R. 3901)
[24FE]
HINCHEY, MAURICE D. (a Representative from New York)
Appointments
Conferee: H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
Bills and resolutions introduced by
Dept. of HUD: prohibit the recapturing, adjusting, withdrawing, or
reducing of urban development action grant funding (see H.R.
5131) [29SE]
Hudson River Valley American Heritage Area: establish (see H.R.
4720) [12JY]
Medicaid: revise the maximum Federal medical assistance percentage
relative to individual States (see H.R. 5147) [30SE]
Taxation: treatment of certain severance payments (see H.R. 4019)
[11MR]
Unemployment: extend emergency compensation (see H.R. 4437) [17MY]
HINES, IL
Reports filed
Construction of Facility at the Hines Veterans Hospital, Hines,
IL: Committee on Veterans' Affairs (House) (H.R. 1617) (H.
Rept. 103-476) [14AP]
HISPANIC AMERICANS
Bills and resolutions
National Hispanic Business Week: designate (see H.J. Res. 397)
[2AU]
HISTORIC BUILDINGS
Bills and resolutions
West Virginia: preservation of lands and structures relative to
coal mining heritage (see H.R. 3988) [9MR]
HISTORIC SITES
Bills and resolutions
Austin, NV: convey certain lands to the Austin Historical Mining
District Historical Society (see H.R. 3946) [2MR]
[[Page 2769]]
Dept. of the Interior: establish an American Heritage Areas
Partnership Program (H.R. 5044), consideration (see H. Res.
562) [3OC]
Hudson and Mohawk Rivers National Heritage Corridor: establish
(see H.R. 4147) [24MR]
Independence National Historic Park: inclusion and restoration of
Washington Square (see H.R. 4642) [23JN]
Lowell Historic Preservation Commission: extend term (see H.R.
4448) [18MY]
Montauk, NY: transfer Light Station Montauk Point to the Montauk
Historical Society (see H.R. 4611) [21JN]
Quinebaug and Shetucket Rivers Valley National Heritage Corridor:
establish (H.R. 1348), consideration of Senate amendment (see
H. Res. 575) [6OC]
Stones River National Battlefield: expand boundaries (see H.R.
4266) [20AP]
Taxation: encourage preservation of Civil War battlefields (see
H.R. 4823) [25JY]
West Virginia: preservation of lands and structures relative to
coal mining heritage (see H.R. 3988) [9MR]
Reports filed
Consideration of H.R. 4448, Lowell Historic Preservation
Commission Extension: Committee on Rules (House) (H. Res. 532)
(H. Rept. 103-730) [20SE]
Consideration of H.R. 5044, American Heritage Areas Partnership
Program Establishment: Committee on Rules (House) (H. Res.
562) (H. Rept. 103-806) [3OC]
Consideration of Senate Amendment to H.R. 1348, Quinebaug and
Shetucket Rivers Valley National Heritage Corridor Act:
Committee on Rules (House) (H. Res. 575) (H. Rept. 103-846)
[6OC]
Corinth, MS, Civil War Battlefield Interpretive Center
Appropriations: Committee on Natural Resources (House) (S.
986) (H. Rept. 103-813) [3OC]
Dayton Aviation Heritage Preservation Act Amendments: Committee on
Natural Resources (House) (H.R. 3559) (H. Rept. 103-808) [3OC]
Designate the Chaco Culture Archaeological Protection Sites:
Committee on Natural Resources (House) (H.R. 1562) (H. Rept.
103-678) [8AU]
Establish Great Falls Historic District: Committee on Natural
Resources (House) (H.R. 3498) (H. Rept. 103-472) [12AP]
Establish the Wheeling National Heritage Area: Committee on
Natural Resources (House) (H.R. 2843) (H. Rept. 103-471)
[12AP]
Establishment of the American Heritage Areas Partnership Program
in the Dept. of the Interior: Committee on Natural Resources
(House) (H.R. 3707) (H. Rept. 103-570) [30JN]
Extend Term of the Lowell Historic Preservation Commission:
Committee on Natural Resources (House) (H.R. 4448) (H. Rept.
103-641) [1AU]
Improve Administration of the Women's Rights National Historical
Park: Committee on Natural Resources (House) (H.R. 359) (H.
Rept. 103-814) [3OC]
Independence National Historic Park Inclusion and Restoration of
Washington Square: Committee on Natural Resources (House)
(H.R. 4642) (H. Rept. 103-797) [3OC]
Lower East Side Tenement Museum National Historic Site: Committee
on Natural Resources (House) (H.R. 4158) (H. Rept. 103-642)
[1AU]
New Bedford Whaling National Historical Park: Committee on Natural
Resources (House) (H.R. 3898) (H. Rept. 103-643) [1AU]
Piscataway National Park Boundary Expansion: Committee on Natural
Resources (House) (S. 1703) (H. Rept. 103-682) [8AU]
Steamtown National Historic Site Operation, Maintenance, and
Development Reform: Committee on Natural Resources (House)
(H.R. 3708) (H. Rept. 103-588) [12JY]
HISTORY
Bills and resolutions
Archaeology: provide for the study of certain prehistoric
resources (see H.R. 4871) [1AU]
Civil War History Month: designate (see H.J. Res. 318) [3FE]
Dept. of the Interior: establish an American Heritage Areas
Partnership Program (H.R. 5044), consideration (see H. Res.
562) [3OC]
Exercise Tiger Day: designate (see H.J. Res. 305) [25JA]
Greece: slaughter of civilians in Kalavryta during World War II
(see H. Con. Res. 318) [29NO]
Guam: restitution to certain individuals for treatment during
World War II (see H.R. 4741) [13JY]
Jerusalem: anniversary of reunification (see H. Con. Res. 225)
[17MR]
National Black History Month: designate (see H.J. Res. 313) [1FE]
Native American Heritage Day: designate (see H.J. Res. 404) [18AU]
Quinebaug and Shetucket Rivers Valley National Heritage Corridor:
establish (H.R. 1348), consideration of Senate amendment (see
H. Res. 575) [6OC]
Smithsonian Institution: context and portrayal of the Armed Forces
in the National Air and Space Museum Enola Gay exhibit (see H.
Res. 531) [19SE]
Taxation: encourage preservation of Civil War battlefields (see
H.R. 4823) [25JY]
Wallenberg, Raoul: placement of a bust in the Capitol (see H. Con.
Res. 222) [11MR]
West Virginia: preservation of lands and structures relative to
coal mining heritage (see H.R. 3988) [9MR]
Reports filed
Consideration of H.R. 5044, American Heritage Areas Partnership
Program Establishment: Committee on Rules (House) (H. Res.
562) (H. Rept. 103-806) [3OC]
Consideration of Senate Amendment to H.R. 1348, Quinebaug and
Shetucket Rivers Valley National Heritage Corridor Act:
Committee on Rules (House) (H. Res. 575) (H. Rept. 103-846)
[6OC]
Establishment of the American Heritage Areas Partnership Program
in the Dept. of the Interior: Committee on Natural Resources
(House) (H.R. 3707) (H. Rept. 103-570) [30JN]
Improve Administration of the Women's Rights National Historical
Park: Committee on Natural Resources (House) (H.R. 359) (H.
Rept. 103-814) [3OC]
National Pearl Harbor Remembrance Day: Committee on Post Office
and Civil Service (House) (H.J. Res. 131) (H. Rept. 103-595)
[12JY]
HOAGLAND, PETER (a Representative from Nebraska)
Appointments
U.S. Air Force Academy Board of Visitors [21JN]
Bills and resolutions introduced by
Dept. of HHS: advisory opinions on the compliance of health care
delivery services with certain statutes and rules (see H.R.
4028) [11MR]
Taxation: reform rules relative to subchapter S corporations (see
H.R. 4056) [16MR]
Motions offered by
Crime: national policy to control crime and reform court
procedures (H.R. 3355), conference report [19JY] [20JY]
HOBSON, DAVID L. (a Representative from Ohio)
Appointments
Conferee: H.R. 4453, military construction appropriations [26JY]
Bills and resolutions introduced by
Federal employees: civil service retirement computation for
certain employees of nonappropriated fund instrumentalities
(see H.R. 4409) [12MY]
National Parkinson's Disease Awareness Week: designate (see H.J.
Res. 359) [20AP]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
HOCHBRUECKNER, GEORGE J. (a Representative from New York)
Appointments
Conferee: H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
Bills and resolutions introduced by
Agriculture: development of programs to encourage source-separated
composting at homes, schools, and businesses (see H.R. 5267)
[7OC]
Aliento (vessel): certificate of documentation (see H.R. 4029)
[11MR]
Montauk, NY: transfer Light Station Montauk Point to the Montauk
Historical Society (see H.R. 4611) [21JN]
New York: exchange of land in the Fire Island National Seashore
for land in Patchogue, NY (see H.R. 5268) [7OC]
HOEKSTRA, PETER (a Representative from Michigan)
Bills and resolutions introduced by
Air pollution: designation of rural transport areas for
nonattainment requirements of air pollution standards (see
H.R. 3902) [24FE]
Andrew J. (vessel): certificate of documentation (see H.R. 5045)
[13SE]
Members of Congress: establish a national advisory referendum on
limiting of terms (see H.R. 3835) [9FE]
------establish a national advisory referendum on limiting of
terms (H.R. 3835), consideration (see H. Res. 408, 409) [19AP]
[20AP]
States: health care reform prerogatives (see H. Con. Res. 277)
[4AU]
Tariff: ACM (see H.R. 4020) [11MR]
------amitraz (see H.R. 4021) [11MR]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
HOKE, MARTIN R. (a Representative from Ohio)
Appointments
Conferee: H.R. 820, National Competitiveness Act [19JY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
HOLDEN, TIM (a Representative from Pennsylvania)
Bills and resolutions introduced by
Tariff: chemicals (see H.R. 4104) [22MR]
HOLIDAYS
related term(s) Special Days
Reports filed
Martin Luther King, Jr., Federal Holiday Commission and Establish
Martin Luther King, Jr., Day as Day of National Community
Service: Committee on Post Office and Civil Service (House)
(H.R. 1933) (H. Rept. 103-418) [7FE]
HOMELESS
Bills and resolutions
Housing and community development programs: reauthorize (see H.R.
4310) [28AP]
Reports filed
Consideration of H.R. 3838, Housing and Community Development Act:
Committee on Rules (House) (H. Res. 482) (H. Rept. 103-612)
[20JY]
Housing and Community Development Act: Committee on Banking,
Finance and Urban Affairs (House) (H.R. 3838) (H. Rept. 103-
607) [18JY]
HOPEWELL TOWNSHIP, PA
Reports filed
Convey Certain Hopewell Township, PA, Lands to the Beaver County
Corp. for Economic Development: Committee on Public Works and
Transportation (House) (H.R. 4704) (H. Rept. 103-768) [30SE]
HORN, STEPHEN (a Representative from California)
Bills and resolutions introduced by
Immigration: negotiation of prisoner transfer treaties and assist
foreign countries in training border patrol guards (see H.R.
4765) [14JY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
HOSPICES
see Health Care Facilities
HOSPITALS
see Health Care Facilities
HOSTAGES
see Terrorism
HOUGHTON, AMO (a Representative from New York)
Appointments
Committee for the Funeral of Dean A. Gallo [29NO]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
HOUSE OF REPRESENTATIVES
related term(s) Committees of the House; Legislative Branch of the
Government; Members of Congress; Votes in House
Appointments
Committee for the Funeral of Dean A. Gallo [29NO]
[[Page 2770]]
Committee for the Funeral of William H. Natcher [12AP]
George Washington's Birthday ceremonies delegation [10FE]
House of Representatives Child Care Center Advisory Board [17MR]
Parliamentarian of the House of Representatives [20SE]
Review Panel of the Office of Fair Employment Practices [12AP]
Bills and resolutions
Adjournment (see H. Con. Res. 206) [10FE]
Committee on Armed Services (House): expenses for investigations
and studies (see H. Res. 347) [7FE]
Committee on Banking, Finance and Urban Affairs (House): expenses
for investigations and studies (see H. Res. 334) [1FE]
Committee on Energy and Commerce (House): expenses for
investigations and studies (see H. Res. 367) [23FE]
Committee on Foreign Affairs (House): expenses for investigations
and studies (see H. Res. 348) [7FE]
Committee on Intelligence (House, Select): expenses for
investigations and studies (see H. Res. 342) [3FE]
Committee on Public Works and Transportation (House): expenses for
investigations and studies (see H. Res. 350) [7FE]
Committee on Small Business (House): expenses for investigations
and studies (see H. Res. 359) [10FE]
Committee on Standards of Official Conduct (House): expenses for
investigations and studies (see H. Res. 332) [26JA]
------investigation of House Post Office activity relative to
violations of House Rules or embezzlement of public funds by
Members of Congress (see H. Res. 375) [2MR]
Committee on the Judiciary (House): expenses for investigations
and studies (see H. Res. 358) [10FE]
Committees of the House: designate minority membership (see H.
Res. 335) [2FE]
Congress: adjournment (see H. Con. Res. 263, 289) [29JN] [21AU]
------applicability of extraneous matter rule in budget
reconciliation legislation (see H.R. 4780) [19JY]
------application of certain employment, health, and safety laws
and rights (see H.R. 4444) [18MY]
------early organization of the 104th Congress (see H. Res. 581)
[7OC]
------joint session for the State of the Union Message (see H.
Con. Res. 197) [25JA]
------limit consideration of nonemergency matters in emergency
legislation (see H.R. 4906) [5AU]
------limit consideration of nonemergency matters in emergency
legislation (H.R. 4906), consideration (see H. Res. 513) [9AU]
------notification of the President of the assembly of Congress
(see H. Res. 325) [25JA]
------waiver of sine die adjournment requirement (H. Con. Res.
275), consideration (see H. Res. 495) [28JY]
Congressional Record: require payment from House Members' official
expense account relative to matter printed in the Extensions
of Remarks (see H. Res. 573) [6OC]
Elections: change election day to first Monday in November and
make election day a legal public holiday (see H.R. 4485)
[24MY]
Franking privilege: improve official mail accountability by
repealing (see H.R. 5272) [7OC]
------require monthly statement of costs (see H.R. 4406) [12MY]
``History of the United States House of Representatives'':
authorize printing (see H. Con. Res. 293) [22SE]
House calendars: purchase (see H.R. 3779) [2FE]
House Post Office: public release of documents relative to
investigation (see H. Res. 450) [9JN]
House Rules: limit appropriations for office salaries and expenses
(see H. Res. 365) [22FE]
------prohibit voting by proxy in committees and subcommittees
(see H. Res. 425) [12MY]
------require rollcall votes on passage of appropriations,
revenue, or public debt limit legislation (see H. Res. 511)
[8AU]
------require temporary step aside of chairman or ranking minority
party member who is indicted (see H. Res. 448) [8JN]
------require two-thirds vote to disallow germane amendments (see
H. Res. 438) [24MY]
Law enforcement: application of certain laws (see H. Res. 578)
[7OC]
------application of certain laws (H. Res. 578), consideration
(see H. Res. 579) [7OC]
Legislative branch of the Government: application of certain laws
(see H.R. 4892) [3AU]
------application of certain laws (H.R. 4822), consideration (see
H. Res. 514) [9AU]
------appropriations reduction (see H.R. 4405) [12MY]
------improve operation and administration (see H.R. 3801) [3FE]
Lewis, Representative Ron: election to the Committee on
Agriculture (House) and to the Committee on Veterans' Affairs
(House) (see H. Res. 456) [15JN]
Lucas, Representative: election to Committee on Agriculture and
Committee on Government Operations (see H. Res. 442) [25MY]
Members of Congress: constitutional amendment to limit terms and
to provide for a 4-year term for Representatives (see H.J.
Res. 339) [16MR]
------eliminate automatic pay adjustments (see H.R. 3729) [25JA]
------ensure equal coverage and benefits as private citizens under
national health care system (see H. Res. 434) [23MY]
------establish a national advisory referendum on limiting of
terms (see H.R. 3835) [9FE]
------establish a national advisory referendum on limiting of
terms (H.R. 3835), consideration (see H. Res. 408) [19AP]
------limit accrual of pension benefits to 12 years of service
(see H.R. 5042) [13SE]
------use of general Federal employees annuity formula (see H.R.
4200, 5167) [13AP] [4OC]
Murphy, Representative: tribute to current and former staff
members (see H. Res. 589) [29NO]
Oath of office: administration to Steve Largent (see H. Res. 585)
[29NO]
O'Neill, Thomas P., Jr.: authorize printing of collection of
eulogies and encomiums (see H. Con. Res. 292) [21SE]
Rules and Manual of the House of Representatives: printing of
revised edition (see H. Res. 580) [7OC]
Senate: inform of the assembly of a quorum of the House of
Representatives (see H. Res. 326) [25JA]
Travel: official travel requirements (see H.R. 5293) [29NO]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions
Committees of the House: expenses for investigations and studies
(H. Res. 369) [22MR]
Congress: adjournment (H. Con. Res. 289) [26AU]
Reports filed
Activities of the Committee on Education and Labor During the 103d
Congress: Committee on Education and Labor (House) (H. Rept.
103-872) [20DE]
Activities of the Committee on Post Office and Civil Service
During the 103d Congress: Committee on Post Office and Civil
Service (House) (H. Rept. 103-876) [20DE]
Amend House Rules Relative to the Application of Certain Laws to
the House of Representatives: Committee on Rules (House) (H.
Res. 571) (H. Rept. 103-841) [5OC]
Congressional Accountability Act: Committee on House
Administration (House) (H.R. 4822) (H. Rept. 103-650) [2AU]
------Committee on Rules (House) (H.R. 4822) (H. Rept. 103-650)
[2AU]
Consideration of H. Con. Res. 275, Sine Die Adjournment
Requirement Waiver: Committee on Rules (House) (H. Res. 495)
(H. Rept. 103-628) [28JY]
Consideration of H. Res. 578, Application of Certain Laws to the
House of Representatives: Committee on Rules (House) (H. Res.
579) (H. Rept. 103-851) [7OC]
Consideration of H.R. 4822, Congressional Accountability Act:
Committee on Rules (House) (H. Res. 514) (H. Rept. 103-691)
[9AU]
Consideration of H.R. 4906, Limit Consideration of Nonemergency
Matters in Emergency Legislation: Committee on Rules (House)
(H. Res. 513) (H. Rept. 103-690) [9AU]
Expenses for Investigations and Studies for Certain Committees of
the House: Committee on House Administration (House) (H. Res.
369) (H. Rept. 103-433) [15MR]
------Committee on House Administration (House) (H. Res. 387) (H.
Rept. 103-434) [15MR]
Legislative Review Activity of the Committee on Ways and Means
During the 103d Congress: Committee on Ways and Means (House)
(H. Rept. 103-875) [20DE]
Limit Consideration of Nonemergency Matters in Emergency
Legislation: Committee on Rules (House) (H.R. 4906) (H. Rept.
103-687) [9AU]
Public Release of Documents Relative to the Investigation of the
House Post Office: Committee on House Administration (House)
(H. Res. 450) (H. Rept. 103-573) [30JN]
Summary of Activities of the Committee on Standards of Official
Conduct During the 103d Congress: Committee on Standards of
Official Conduct (House) (H. Rept. 103-873) [20DE]
Summary of Activities of the Committee on the Budget During the
103d Congress: Committee on the Budget (House) (H. Rept. 103-
874) [20DE]
Suspend the Rules for S. 349, Lobbying Disclosure Act: Committee
on Rules (House) (H. Res. 397) (H. Rept. 103-452) [23MR]
Waiving Requirement of Super Majority Vote Clause Relative to
Consideration of Certain Resolutions: Committee on Rules
(House) (H. Res. 356) (H. Rept. 103-421) [9FE]
HOUSING
related term(s) Homeless
Bills and resolutions
Agriculture: development of programs to encourage source-separated
composting at homes, schools, and businesses (see H.R. 5267)
[7OC]
Credit: enhance availability of investment capital in low- to
moderate-income housing (see H.R. 5149) [30SE]
Crime: termination of tenancy in public housing of individuals
involved in firearm-related criminal activity (see H.R. 4254)
[19AP]
Dept. of Agriculture: repayment of loans made by private lenders
for development of multifamily rental housing for low- and
moderate-income families in rural areas (see H.R. 4445) [18MY]
Dept. of HUD: disposition of certain multifamily properties and
reform of certain programs (see H.R. 4067) [17MR]
------improve the management of the project-based rental
assistance program (see H.R. 5115) [28SE]
------mortgage insurance program mortgage limitation amount (see
H.R. 4396) [11MY]
------reform the single family mortgage insurance program (see
H.R. 4484) [24MY]
Economy: grants for economic development activities relative to
certain loan guarantees (see H.R. 3793) [3FE]
Federal aid programs: improve programs for public and Indian
housing (see H.R. 3888) [23FE]
Firearms: prohibit possession or discharge in public housing areas
(see H.R. 4237) [18AP]
Housing and community development programs: reauthorize (see H.R.
4310) [28AP]
Poverty: establish Federal Housing Trust Fund to provide housing
for low-income families (see H.R. 5275) [7OC]
Public housing: exclude drug or alcohol abusers from occupancy of
units designated for senior citizens (see H.R. 3943) [2MR]
------grants to modernize and replace public housing (see H.R.
4735) [13JY]
Public housing agencies: regulations (see H.R. 4432) [17MY]
Radioactive substances: improve and increase radon testing
products and services (H.R. 2448), consideration (see H. Res.
491) [27JY]
[[Page 2771]]
SSI: provide benefits to needy children for health, child care,
and other support services (see H.R. 3737) [26JA]
Taxation: apply exclusion of gain from sale of a principal
residence relative to unemployment (see H.R. 5021) [23AU]
Veterans: specially adapted housing grant (see H.R. 4670) [28JN]
Messages
Dept. of HUD: President Clinton [10MY]
Motions
Dept. of HUD: reform Dept. of HUD multifamily property
requirements, enhance programs, and authorize program to
combat crime (S. 1299) [22MR]
Reports filed
Consideration of H.R. 2448, Improve and Increase Radon Testing
Products and Services: Committee on Rules (House) (H. Res.
491) (H. Rept. 103-622) [27JY]
Consideration of H.R. 3838, Housing and Community Development Act:
Committee on Rules (House) (H. Res. 482) (H. Rept. 103-612)
[20JY]
Housing and Community Development Act: Committee on Banking,
Finance and Urban Affairs (House) (H.R. 3838) (H. Rept. 103-
607) [18JY]
Improving the Management of the FmHA Single-Family Housing
Portfolio Through Centralized Servicing and Mortgage
Escrowing: Committee on Government Operations (House) (H.
Rept. 103-609) [19JY]
Lower East Side Tenement Museum National Historic Site: Committee
on Natural Resources (House) (H.R. 4158) (H. Rept. 103-642)
[1AU]
Radon Testing Products and Services: Committee on Energy and
Commerce (House) (H.R. 2448) (H. Rept. 103-574) [30JN]
Section 8 Project-Based Assistance Program--Waste and
Mismanagement: Committee on Government Operations (House) (H.
Rept. 103-859) [29NO]
Veterans Housing Programs: Committee on Veterans' Affairs (House)
(H.R. 4724) (H. Rept. 103-629) [28JY]
HOUSING AND COMMUNITY DEVELOPMENT ACT
Motions
Enact (S. 1299) [22MR]
Reports filed
Consideration of H.R. 3838, Provisions: Committee on Rules (House)
(H. Res. 482) (H. Rept. 103-612) [20JY]
Provisions: Committee on Banking, Finance and Urban Affairs
(House) (H.R. 3838) (H. Rept. 103-607) [18JY]
HOUSING CHOICE AND COMMUNITY INVESTMENT ACT
Bills and resolutions
Enact (see H.R. 4310) [28AP]
HOWARD UNIVERSITY
Bills and resolutions
Endowment program: revise and extend (see H.R. 3740) [26JA]
HOYER, STENY H. (a Representative from Maryland)
Appointments
Conferee: H.R. 3759, making supplemental appropriations [10FE]
------H.R. 4453, military construction appropriations [26JY]
------H.R. 4539, Dept. of the Treasury, Postal Service, Executive
Office of the President, and independent agencies
appropriations [16AU]
------H.R. 4606, Depts. of Labor, HHS, Education, and related
agencies appropriations [13SE]
U.S. Naval Academy Board of Visitors [21JN]
Bills and resolutions introduced by
Capitol Building and Grounds: authorizing use of grounds for
Greater Washington Soap Box Derby (see H. Con. Res. 238)
[13AP]
Committee on Appropriations (House): election of Representative
Obey as chairman (see H. Res. 399) [12AP]
------powers and duties of the chairman (see H. Res. 396) [23MR]
Congress: adjournment (see H. Con. Res. 315) [7OC]
------convening of 1st session of 104th Congress (see H.J. Res.
425) [7OC]
Dept. of the Treasury, Postal Service, Executive Office of the
President, and independent agencies: making appropriations
(see H.R. 4539) [26MY]
Federal firefighters: hourly and overtime pay rates and pay equity
with public sector firefighters (see H.R. 4514) [26MY]
Fire prevention: encourage State and local fire safety and
prevention education programs (see H.R. 5048) [19SE]
Helsinki Human Rights Day: designate (see H.J. Res. 393) [25JY]
Moldova: withdrawal of Russian troops (see H. Con. Res. 308) [5OC]
National Firefighters Day: designate (see H.J. Res. 411) [20SE]
National Law Enforcement Officers Memorial: mint commemorative
coins (see H.R. 4074) [17MR]
Piscataway National Park: boundaries (see H.R. 3973) [8MR]
Sunshine (vessel): certificate of documentation (see H.R. 3983)
[8MR]
Taxation: treatment of motor boat diesel fuel sales (see H.R.
4371) [10MY]
Motions offered by
Dept. of the Treasury, Postal Service, Executive Office of the
President, and independent agencies: making appropriations
(H.R. 4539) [15JN]
------making appropriations (H.R. 4539), conference report [27SE]
Reports by conference committees
Dept. of the Treasury, Postal Service, Executive Office of the
President, and Independent Agencies Appropriations (H.R. 4539)
[20SE] [22SE]
Reports filed
Dept. of the Treasury, Postal Service, Executive Office of the
President, and Independent Agencies Appropriations: committee
of conference (H.R. 4539) (H. Rept. 103-729) [20SE]
------committee of conference (H.R. 4539) (H. Rept. 103-741)
[22SE]
------Committee on Appropriations (House) (H.R. 4539) (H. Rept.
103-534) [26MY] [9JN]
HUFFINGTON, MICHAEL (a Representative from California)
Bills and resolutions introduced by
Capital punishment: use of racially based quotas to determine
sentencing (see H. Con. Res. 270) [21JY]
Taxation: deduction of charitable contributions (see H.R. 4356)
[5MY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
HUGHES, WILLIAM J. (a Representative from New Jersey)
Appointments
Conferee: H.R. 322, Mineral Exploration and Development Act [20MY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------H.R. 3841, Interstate Banking Efficiency Act [12MY]
------S. 1485, Satellite Carrier Compulsory License Extension Act
[16AU]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
White House Conference on Aging Policy Committee [21JN]
Bills and resolutions introduced by
Coastal zones: protection of coastal waters (see H.R. 4668) [28JN]
Copyrights: prohibit unauthorized editing of sound and video
recordings of live musical performances and provide copyright
protection of restored works (see H.R. 4894) [3AU]
Correctional institutions: community service projects relative to
prisoners (see H.R. 5186) [5OC]
------provide for a demonstration project by Federal Prison
Industries (see H.R. 5081) [22SE]
Courts: improve operation and administration of the Federal courts
(see H.R. 4357) [5MY]
------incarceration of violent repeat offenders, prison
overcrowding remedies, and reduce rate of recidivism (see H.R.
3963, 3968) [7MR] [8MR]
------require plaintiff in a diversity of citizenship case not be
a resident of the State in which case is brought (see H.R.
4446) [18MY]
Dept. of Commerce: authorizing appropriations for the Patent and
Trademark Office (see H.R. 4608) [21JN]
Mercy Otis Warren Day: designate (see H.J. Res. 386) [12JY]
National Flood Insurance Program: improve (see H.R. 4125) [24MR]
Older Americans Month: designate (see H.J. Res. 304) [25JA]
Patents: application system for process patents (see H.R. 4307)
[28AP]
------establish 20-year term and a domestic priority system (see
H.R. 4505) [26MY]
Television: local service areas of primary transmitters (S. 2406),
technical corrections [29NO]
Year of the Grandparent: designate (see H.J. Res. 355) [18AP]
HUMAN RIGHTS
related term(s) Civil Liberties; Civil Rights
Bills and resolutions
China, People's Republic of: most-favored-nation status (see H.J.
Res. 373) [8JN]
------most-favored-nation status (H.J. Res. 373), consideration
(see H. Res. 509) [5AU]
------most-favored-nation status (H.R. 4590), consideration (see
H. Res. 509) [5AU]
Civil liberties: outline constitutional protections of unborn
persons (see H.J. Res. 394) [28JY]
Cuban Democracy Act: repeal (see H.R. 4941) [11AU]
Foreign trade: prohibit import of goods produced by child labor
(see H.R. 4693) [30JN]
Religion: constitutional amendment on free exercise (see H.J. Res.
407) [12SE]
Rwanda: U.S. policy on humanitarian and political plight (see H.
Res. 453) [13JN]
Tajikistan: promote resolution of conflict and respect for human
rights (see H. Con. Res. 214) [3MR]
Vietnam: U.S. policy relative to human rights progress (see H.
Con. Res. 216) [8MR]
Reports filed
Consideration of H.R. 4590 and H.J. Res. 373, Most-Favored-Nation
Status for the People's Republic of China: Committee on Rules
(House) (H. Res. 509) (H. Rept. 103-673) [5AU]
Most-Favored-Nation Status for the People's Republic of China:
Committee on Ways and Means (House) (H.J. Res. 373) (H. Rept.
103-575) [30JN]
------Committee on Ways and Means (House) (H.R. 4590) (H. Rept.
103-640) [1AU]
HUMANITARIAN ASSISTANCE
see Foreign Aid
HUNGARY, REPUBLIC OF
Bills and resolutions
NATO: assist transition of certain countries to NATO membership
(see H.R. 4210) [14AP]
HUNGER
Bills and resolutions
SSI: provide benefits to needy children for health, child care,
and other support services (see H.R. 3737) [26JA]
Surplus Government property: distribution to nonprofit
organizations providing assistance to the hungry or indigent
(see H.R. 4392) [11MY]
Reports filed
World Food Program--Funding and Management Improvements Can
Strengthen Delivery of Food Aid: Committee on Government
Operations (House) (H. Rept. 103-865) [29NO]
HUNTER, DUNCAN (a Representative from California)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Conferee: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------S. 21, California Desert Protection Act [4OC]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Dept. of Justice: enforcement of pornography laws (see H.R. 5069)
[21SE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
[[Page 2772]]
HUTCHINSON, Y. TIM (a Representative from Arkansas)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Bills and resolutions introduced by
Medicare: eligibility for health benefits under CHAMPUS for a
disability or end state renal disease (see H.R. 5132) [29SE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
HUTTO, EARL (a Representative from Florida)
Appointments
Conferee: S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Escambia County, FL: convey certain lands to a political
subdivision of Florida (see H.R. 3953) [3MR]
Foreign trade: relief from antidumping and countervailing duty
orders (see H.R. 4664) [28JN]
Members of Congress: constitutional amendment to limit terms (see
H.J. Res. 368) [20MY]
Navy: mint commemorative coins observing anniversary of the Blue
Angels (see H.R. 4381) [10MY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
HYDE, HENRY J. (a Representative from Illinois)
Appointments
Conferee: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 4299, intelligence services appropriations [13SE]
------S. 24, independent counsel reauthorization [10FE]
------S. 636, Freedom of Access to Clinic Entrances Act [17MR]
Bills and resolutions introduced by
Classified information: establish a uniform system for classifying
and declassifying information (see H.R. 4137) [24MR]
Courts: reform habeas corpus procedures (see H.R. 4079) [17MR]
NATO: U.S. policy (see H.R. 4358) [5MY]
U.N.: U.S. role in peacekeeping operations (see H.R. 3744) [26JA]
IDAHO
Bills and resolutions
Coeur d'Alene Basin Management Conference: convene (see H.R. 4962)
[12AU]
Coeur d'Alene Basin Restoration Corp.: establish (see H.R. 4961)
[12AU]
Reports filed
Designate a Segment of the Payette River as a Component of the
Wild and Scenic Rivers System: Committee on Natural Resources
(House) (H.R. 233) (H. Rept. 103-804) [3OC]
Designate Lower Salmon River Segment as a Component of the Wild
and Scenic Rivers System: Committee on Natural Resources
(House) (H.R. 4083) (H. Rept. 103-788) [3OC]
Targhee National Forest, ID, Exchange of National Forest System
Lands for Non-Federal Forest Lands in Wyoming: Committee on
Natural Resources (House) (H.R. 3554) (H. Rept. 103-809) [3OC]
IMMIGRATION
related term(s) Refugees
Bills and resolutions
Aliens: identification of undocumented aliens receiving health
care services (see H.R. 3930) [1MR]
------negotiation of prisoner transfer treaties (see H.R. 4627)
[22JN]
------revise and codify certain general and permanent laws
relative to aliens and nationality (see H.R. 3809) [8FE]
------status of visas relative to involvement with foreign
expropriation of U.S. property (see H.R. 5297) [29NO]
California: extend the land border inspection fee program (see
H.R. 4256) [19AP]
Citizenship: change laws relative to nationality and
naturalization (H.R. 783), concur with Senate amendment with
an amendment (see H. Res. 533) [20SE]
Cuba: eliminate the accelerated permanent-residency status process
for Cuban nationals (see H.R. 3854) [10FE]
Cuban Democracy Act: repeal (see H.R. 4941) [11AU]
Dept. of Justice: authority to parole aliens into the U.S. (see
H.R. 5157) [3OC]
Haiti: adjustment of lawful permanent resident status of Haitians
in the U.S. (see H.R. 4249) [19AP]
------support democracy restoration, grant temporary protected
status to alien Haitians in U.S., and terminate migrant
interdiction agreement (see H.R. 4264) [20AP]
Immigration and Nationality Act: use of visas under the diversity
transition program (see H.R. 3859) [10FE]
INS: authorizing appropriations for refugee and entrant assistance
(see H.R. 4176) [12AP]
National objectives: strengthen border security and stabilize
immigration (see H.R. 4885) [2AU]
Refugees: prohibit entry of Iraqi veterans of the Persian Gulf
Conflict (see H.R. 4313) [28AP]
Taxation: deny earned income credit to undocumented aliens and
prevent fraudulent claims for earned income credit (see H.R.
5301) [29NO]
Visa waiver program: status (see H.R. 4707) [30JN]
Messages
Russian Federation's Compliance With Emigration Standards of Trade
Act: President Clinton [21SE]
Reports filed
Criminal Aliens--Federal Responsibility and State and Local
Burden: Committee on Government Operations (House) (H. Rept.
103-645) [1AU]
IMMIGRATION AND NATIONALITY ACT
Bills and resolutions
Diversity transition program: use of visas (see H.R. 3859) [10FE]
Immigration: authorizing appropriations for refugee and entrant
assistance (see H.R. 4176) [12AP]
IMMIGRATION AND NATURALIZATION SERVICE
related term(s) Department of Justice
Bills and resolutions
Immigration: authorizing appropriations for refugee and entrant
assistance (see H.R. 4176) [12AP]
------revise and codify certain general and permanent laws
relative to aliens and nationality (see H.R. 3809) [8FE]
------strengthen border security and stabilize immigration (see
H.R. 4885) [2AU]
Reports filed
Criminal Aliens--Federal Responsibility and State and Local
Burden: Committee on Government Operations (House) (H. Rept.
103-645) [1AU]
IMPACT AID
see Federal Aid Programs
IMPORTS
see Foreign Trade
INCOME
related term(s) Economy; Securities; Social Security
Appointments
Conferees: H.R. 4277, establish Social Security Administration as
an independent agency [21JN]
------H.R. 4278, Social Security Domestic Employment Reform Act
[21JN]
Bills and resolutions
Agriculture: milk content and prices (see H.R. 4923) [9AU]
Armed Forces: disability compensation rates relative to benefits
paid under the Special Separation Benefits Program (see H.R.
3731) [25JA]
Bankruptcy: limit value of certain real and personal property
relative to exemptions under State or local laws (see H.R.
4493) [25MY]
Credit: enhance availability of investment capital in low- to
moderate-income housing (see H.R. 5149) [30SE]
Dept. of Defense: provide for improved treatment of future
actuarial gains and losses to the Military Retirement Fund
(see H.R. 5117) [28SE]
Dept. of the Treasury: burden of proof in tax cases (see H.R.
5286) [7OC]
Education: application of minimum wage and overtime compensation
laws to educational enterprise employees (see H.R. 4547) [8JN]
Employment: promote performance-based reward plans and employee
decisionmaking participation programs (see H.R. 5204) [6OC]
ERISA: auditing of employee benefit plans (see H.R. 5226) [6OC]
------fiduciary duties relative to external benefits, social
investing, and economically targeted investments (see H.R.
5135) [29SE]
Federal aid programs: job opportunity and training programs
relative to independence from welfare system (see H.R. 3742)
[26JA]
Federal employees: annuity formula computation for early retirees
due to a force reduction (see H.R. 4214) [14AP]
Health: vaccination injury compensation requirements (see H.R.
4970) [16AU]
Housing: establish Federal Housing Trust Fund to provide housing
for low-income families (see H.R. 5275) [7OC]
Members of Congress: eliminate automatic pay adjustments (see H.R.
3729) [25JA]
------limit accrual of pension benefits to 12 years of service
(see H.R. 5042) [13SE]
------use of general Federal employees annuity formula (see H.R.
4200, 5167) [13AP] [4OC]
National Savings Month: designate (see H. Res. 371) [24FE]
Public welfare programs: require any reform legislation with
employment requirements for AFDC recipients be conditional on
State unemployment rate (see H. Con. Res. 226) [17MR]
Railroads: recommend dismantlement of Railroad Retirement System
(see H. Res. 582) [7OC]
------retirement system (see H. Con. Res. 241) [20AP]
Small business: modify financial disclosure requirements for
individuals applying for contract awards targeted for the
economically disadvantaged (see H.R. 4875) [1AU]
Social Security: prohibit buying and selling of account numbers
(see H.R. 4354) [5MY]
------reduce taxes and provide for individual retirement accounts
funded by Social Security payroll deductions (see H.R. 3803)
[3FE]
------retirement age adjustment and limitations for benefits per
year relative to prior contributions and income levels (see
H.R. 5308) [29NO]
------State and local taxation of benefits (see H.R. 3788) [3FE]
Social Security Act: technical amendments (see H.R. 5252) [7OC]
Taxation: allow claims for refunds where the statute of
limitations is open for the assessment of a deficiency (see
H.R. 4747) [13JY]
------apply exclusion of gain from sale of a principal residence
relative to unemployment (see H.R. 5021) [23AU]
------appropriate part of income tax revenues toward crime control
(see H.R. 4592) [16JN]
------capital gains (see H.R. 5259) [7OC]
------compliance with certain pension requirements (see H.R. 4534)
[26MY]
------deduction of business meal expenses subject to Federal hours
of limitation (see H.R. 4986) [18AU]
------deductions relative to State and local income and sales
taxes (see H.R. 4233) [14AP]
------deny earned income credit to undocumented aliens and prevent
fraudulent claims for earned income credit (see H.R. 5301)
[29NO]
------dependent care tax credit adjustments (see H.R. 4470) [20MY]
------market discount rules for municipal bonds (see H.R. 4714)
[30JN]
------one-time exclusion of gain from the sale of farmland to a
beginning farmer (see H.R. 5014) [21AU]
------penalty-free withdrawals from retirement plans by military
reservists equal to income lost due to active duty (see H.R.
3758) [1FE]
------provide exclusion from gross income for amounts contributed
by employers to medical incentives accounts (see H.R. 5106)
[26SE]
------reduce income tax rates on trusts established for the
benefit of individuals with disabilities (see H.R. 5070)
[21SE]
------treatment of certain separation payments by employers (see
H.R. 3903) [24FE]
[[Page 2773]]
------treatment of children's income attributable to personal
injury awards (see H.R. 4846) [28JY]
------treatment of crop insurance and disaster payments and the
luxury automobile excise tax (see H.R. 4634) [23JN]
------treatment of crop insurance proceeds and disaster payments
(see H.R. 5109) [27SE]
------treatment of earned income tax credit (see H.R. 5193) [5OC]
------treatment of estates and trusts using similar rates
applicable to married individuals filing seperate returns (see
H.R. 5169) [4OC]
------treatment of government pensions relative to Social Security
(see H.R. 4648) [24JN]
------treatment of income and transactions relative to land claims
and Federal trust relationship with the Catawba Tribe of South
Carolina (see H.R. 4895) [3AU]
------treatment of individual training accounts (see H.R. 5089)
[23SE]
------treatment of national service educational awards (see H.R.
4106) [22MR]
------treatment of pension integration, participation, and vesting
requirements and marital status changes (see H.R. 4367) [5MY]
------use of individual retirement accounts as security for
certain business loans (see H.R. 3761) [2FE]
Unemployment: extend emergency compensation (see H.R. 4437) [17MY]
Veterans: compensation rate for veterans with service-connected
disabilities and survivors' dependency and indemnity
compensation (see H.R. 4088) [17MR]
------permit retirement pay concurrently with service-connected
disability benefits (H.R. 65), consideration (see H. Res. 382)
[9MR]
------survivor annuity benefits relative to waivers made before
marriage (see H.R. 5004) [19AU]
Messages
Reemployment Act: President Clinton [16MR]
Work and Responsibility Act: President Clinton [21JN]
Motions
Social Security Administration: establish as independent agency
(H.R. 4277) [21JN]
Veterans: compensation rate for veterans with service-connected
disabilities and survivors' dependency and indemnity
compensation (S. 1927) [8AU]
Reports by conference committees
Social Security Administration Establishment as Independent Agency
(H.R. 4277) [4AU]
Social Security Domestic Employment Reform Act (H.R. 4278) [6OC]
Reports filed
Bankruptcy Reform Act: Committee on the Judiciary (House) (H.R.
5116) (H. Rept. 103-835) [4OC]
Compensation Rate for Veterans With Service-Connected Disabilities
and Survivors' Dependency and Indemnity Compensation:
Committee on Veterans' Affairs (House) (H.R. 4088) (H. Rept.
103-668) [4AU]
Establish Social Security Administration as Independent Agency:
Committee on Ways and Means (House) (H.R. 4277) (H. Rept. 103-
506) [12MY]
FEGLI Living Benefits Act: Committee on Post Office and Civil
Service (House) (H.R. 512) (H. Rept. 103-608) [18JY]
Garnishment of Federal Retirement Annuities Relative to a Judgment
Against an Annuitant for Child Abuse: Committee on Post Office
and Civil Service (House) (H.R. 3694) (H. Rept. 103-721)
[19SE]
Limit State Taxation of Pension Income: Committee on the Judiciary
(House) (H.R. 546) (H. Rept. 103-776) [3OC]
Reemployment of Postal Service Retirees in Temporary Positions
Relative to Annuity Offsets: Committee on Post Office and
Civil Service (House) (H.R. 3246) (H. Rept. 103-594) [12JY]
Retirement Protection Act: Committee on Education and Labor
(House) (H.R. 3396) (H. Rept. 103-632) [26AU]
------Committee on Ways and Means (House) (H. 3396) (H. Rept. 103-
632) [29JY]
Social Security Administration Establishment as Independent
Agency: committee of conference (H.R. 4277) (H. Rept. 103-670)
[4AU]
Social Security Domestic Employment Reform Act: committee of
conference (H.R. 4278) (H. Rept. 103-842) [6OC]
------Committee on Ways and Means (House) (H.R. 4278) (H. Rept.
103-491) [4MY]
INDEPENDENT AGENCIES
related term(s) Executive Departments
Bills and resolutions
Administrative Conference of the U.S.: extend (see H.R. 4490)
[25MY]
Dept. of the Interior and related agencies: making appropriations
(see H.R. 4602) [17JN]
------making appropriations (H.R. 4602), consideration (see H.
Res. 458) [21JN]
------making appropriations (H.R. 4602), consideration of
conference report (see H. Res. 547) [26SE]
FAA: establish an air traffic control system as an independent
Government corporation (see H.R. 5209) [6OC]
Federal employees: record-keeping requirements of usage of motor
vehicles owned or leased by Federal agencies (see H.R. 5122)
[28SE]
Government: close appropriation accounts available for an
indefinite period (see H.R. 5237) [6OC]
------listing of telephone numbers on stationary of Federal
agencies (see H.R. 4352) [5MY]
------preparation of private property taking impact analyses (see
H.R. 4418) [12MY]
Government regulations: judicial review of Federal agency
compliance with regulatory flexibility analysis requirements
(H.R. 830), consideration (see H. Res. 415) [3MY]
Interagency Trade Organization: designate the SBA Administrator as
a member (see H.R. 4252) [19AP]
NTSB: authorizing appropriations (H.R. 2440), concur to Senate
amendment with an amendment (see H. Res. 558) [3OC]
Public buildings: leasing requirements (see H.R. 4972) [16AU]
Motions
Commission on Civil Rights: reauthorize (S. 2372) [3OC]
Dept. of the Interior and related agencies: making appropriations
(H.R. 4602) [23JN] [13SE] [27SE]
Reports by conference committees
Dept. of the Interior and Related Agencies Appropriations (H.R.
4602) [22SE]
Reports filed
Administrative Conference of the U.S. Extension: Committee on the
Judiciary (House) (H.R. 4490) (H. Rept. 103-854) [7OC]
Consideration of Conference Report on H.R. 4602, Dept. of the
Interior and Related Agencies Appropriations: Committee on
Rules (House) (H. Res. 547) (H. Rept. 103-749) [26SE]
Consideration of H.R. 4602, Dept. of the Interior and Related
Agencies Appropriations: Committee on Rules (House) (H. Res.
458) (H. Rept. 103-554) [21JN]
Dept. of the Interior and Related Agencies Appropriations:
committee of conference (H.R. 4602) (H. Rept. 103-740) [22SE]
------Committee on Appropriations (House) (H.R. 4602) (H. Rept.
103-551) [17JN]
INDEPENDENT SAFETY BOARD ACT
Bills and resolutions
NTSB: authorizing appropriations (H.R. 2440), concur to Senate
amendment with an amendment (see H. Res. 558) [3OC]
INDIA, REPUBLIC OF
Bills and resolutions
Independence: anniversary (see H. Res. 430) [18MY]
Kashmir World Action Day: designate (see H. Res. 477) [12JY]
INDIAN GAMING REGULATORY ACT
Bills and resolutions
Amend (see H.R. 4787) [19JY]
INDIANA
Reports filed
Consideration of S. 1066, Restore Federal Services to the Pokagon
Band of Potawatomi Indians: Committee on Rules (House) (H.
Res. 502) (H. Rept. 103-648) [1AU]
Restoration of Federal Services to the Pokagon Band of Potawatomi
Indians: Committee on Natural Resources (House) (S. 1066) (H.
Rept. 103-620) [25JY]
INDIANAPOLIS, IN
Bills and resolutions
Holder-Noland Federal Building and U.S. Courthouse: designate (see
H.R. 4501) [26MY]
INDIANS
see Native Americans
INDIVIDUALS WITH DISABILITIES EDUCATION ACT
Bills and resolutions
Amend: treatment of disabled children charged with firearms
possession (see H.R. 4395) [11MY]
INDOOR AIR QUALITY ACT
Motions
Enact (S. 656) [3OC]
INFLATION
see Economy
INFORMATION SERVICES
Bills and resolutions
Computers: require availability of LEGIS and TLS on the Internet
(see H. Res. 463) [23JN]
Crime: availability of information to employers relative to child-
related sex offenses (see H. Con. Res. 203) [8FE]
Electronics: establish voluntary standards for data encryption
(see H.R. 5199) [6OC]
Employment: provide access to career information on public
networks and electronic media (see H.R. 4872) [1AU]
Medicare: availability of patient record to treating physicians
(see H.R. 3907) [24FE]
Social Security: prohibit the use of account numbers except for
purposes relative to Social Security and social services (see
H.R. 3919) [28FE]
Reports filed
Fair Credit Reporting Act (H.R. 1015) (H. Rept. 103-486) [28AP]
Information Resources Management in a Reconfigured Dept. of
Agriculture: Committee on Government Operations (House) (H.
Rept. 103-610) [19JY]
INGLIS, BOB (a Representative from South Carolina)
Bills and resolutions introduced by
AID: spending for development assistance (see H.R. 3775) [2FE]
Congressional employees: funding for parking attendants and
implementation of charges for parking (see H.R. 3778) [2FE]
Davis-Bacon Act: repeal (see H.R. 3774) [2FE]
Dept. of Agriculture: repeal the Market Promotion Program (see
H.R. 3772) [2FE]
Federal Power Marketing Administration: transfer of property and
equipment to public and private entities (see H.R. 3780) [2FE]
House of Representatives: purchase of House calendars (see H.R.
3779) [2FE]
Office of Technology Assessment: funding (see H.R. 3777) [2FE]
REA: credit for rural electric cooperatives (see H.R. 3773) [2FE]
Roads and highways: funding for highway demonstration projects
(see H.R. 3781) [2FE]
Speaker of the House: spending on salaries and expenses (see H.R.
3776) [2FE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
INHOFE, JAMES M. (a Representative from Oklahoma)
Bills and resolutions introduced by
Members of Congress: adjust basic pay relative to degree of
success in deficit reduction (see H.R. 4815) [22JY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
INSLEE, JAY (a Representative from Washington)
Bills and resolutions introduced by
Chelan County, WA: exchange lands with the Wenatachee National
Forest (see H.R. 4993) [18AU]
Confederated Tribe and Bands of Yakama Indian Nation: redesignate
(see H.R. 4992) [18AU]
[[Page 2774]]
FERC: hydroelectric license extension (see H.R. 4911) [5AU]
Oregon: taxation of income of Washington residents working at a
Federal hydroelectric facility on the Columbia River (see H.R.
4991) [18AU]
Yakima River: authorize certain elements of the basin water
enhancement project (see H.R. 5148) [30SE]
INSURANCE
Bills and resolutions
Agriculture: reform crop insurance program (H.R. 4217), concur in
Senate amendment with an amendment (see H. Res. 559) [3OC]
------reform crop insurance program (H.R. 4217), consideration
(see H. Res. 507) [4AU]
Dept. of HUD: mortgage insurance program mortgage limitation
amount (see H.R. 4396) [11MY]
Disasters: establish national policy (see H. Con. Res. 267) [19JY]
------permit extension for filing drawback claims in declared
disaster areas (see H.R. 5118) [28SE]
Federal Employees Health Benefits Program: enrollment of
individuals currently in a health plan administered by the
Comptroller of the Currency or the Office of Thrift
Supervision (see H.R. 5164) [4OC]
Foreign trade: fair trade in foreign markets (see H.R. 3974) [8MR]
Government: standardize health benefits claim forms for Federal
employees and the Uniformed Services (see H.R. 4241) [18AP]
Health: access to long-term care services (see H.R. 4632) [22JN]
------choice of medical treatment methods (see H.R. 4696) [30JN]
------demonstration projects to provide outreach services relative
to Federal, State, and local health programs benefits (see
H.R. 4929) [10AU]
------ensure equal coverage of children under family class
enrollment plans in health care reform (see H.R. 4829) [26JY]
------ensure preservation of group health insurance packages and
prevent discriminatory practices in health care reform
legislation (see H. Con. Res. 256) [16JN]
------establish community-based managed care programs in medically
disadvantaged areas (see H.R. 4294) [21AP]
------evaluation of impact of national policy to provide health
care and reform insurance procedures (see H.R. 4463) [19MY]
------inclusion of mental health and substance abuse benefits in
health care reform (see H.R. 4376) [10MY]
------liability claim restrictions (see H.R. 4659) [27JN]
------national policy to provide health care and reform insurance
procedures (see H.R. 4816, 4856, 5119, 5300) [22JY] [28JY]
[28SE] [29NO]
------national policy to provide health care and reform insurance
procedures (H.R. 3600), consideration of substitute amendment
(see H. Res. 508) [4AU]
------promote health insurance portability and coverage of
existing health conditions (see H.R. 5302) [29NO]
------quality safeguards for consumers of health care insurance,
products and services (see H.R. 4960) [12AU]
------referendum on national health care reform (see H. Con. Res.
310) [6OC]
Health care facilities: authorize grants for free health clinics
that serve uninsured individuals (see H.R. 4431) [17MY]
Interstate commerce: insurance disclosures (see H.J. Res. 414)
[23SE]
------insurance disclosures (H.R. 1188), consideration (see H.
Res. 475) [12JY]
Medicare: limitation on payment for outpatient hospital service
(see H.R. 4216) [14AP]
------open enrollment period for individuals formerly covered
under group health plans of local educational agencies (see
H.R. 5153) [30SE]
Members of Congress: ensure equal coverage and benefits as private
citizens under national health care system (see H. Res. 434)
[23MY]
Mennonite Mutual Aid (organization): tribute (see H. Res. 478)
[14JY]
Motor vehicles: regulation of rental car business policies on
liability imposition and collision damage waivers (see H.R.
3741) [26JA]
Taxation: deduction for earthquake insurance premiums (see H.R.
3756) [1FE]
------treatment of crop insurance and disaster payments and the
luxury automobile excise tax (see H.R. 4634) [23JN]
------treatment of crop insurance proceeds and disaster payments
(see H.R. 5109) [27SE]
------treatment of health insurance costs of self-employed
individuals (see H.R. 5111, 5137) [27SE] [29SE]
------treatment of long-term health care insurance (see H.R. 4769)
[14JY]
Veterans: permit retirement pay concurrently with service-
connected disability benefits (H.R. 65), consideration (see H.
Res. 382) [9MR]
Reports filed
Antitrust Exemption Applicable to the Insurance Industry:
Committee on the Judiciary (House) (H.R. 9) (H. Rept. 103-853)
[7OC]
Consideration of H.R. 1188, Insurance Disclosures in Interstate
Commerce: Committee on Rules (House) (H. Res. 475) (H. Rept.
103-597) [12JY]
Consideration of H.R. 4217, Federal Crop Insurance Reform Act:
Committee on Rules (House) (H. Res. 507) (H. Rept. 103-666)
[4AU]
Coverage of Court Officials Under Federal Employees Group Life
Insurance Program: Committee on Post Office and Civil Service
(House) (H.R. 3297) (H. Rept. 103-855) [7OC]
Disaster Avoidance and Response Plans and Development of Relief
and Reinsurance Plans: Committee on Public Works and
Transportation (House) (H.R. 2873) (H. Rept. 103-848) [7OC]
Federal Crop Insurance Reform Act: Committee on Agriculture
(House) (H.R. 4217) (H. Rept. 103-649) [1AU]
Federal Penalties for Fraud Against Insurance Companies: Committee
on the Judiciary (House) (H.R. 665) (H. Rept. 103-468) [12AP]
FEGLI Living Benefits Act: Committee on Post Office and Civil
Service (House) (H.R. 512) (H. Rept. 103-608) [18JY]
Health Security Act: Committee on Armed Services (House) (H.R.
3600) (H. Rept. 103-601) [28JY]
------Committee on Education and Labor (House) (H.R. 3600) (H.
Rept. 103-601) [22JY]
------Committee on Government Operations (House) (H.R. 3600) (H.
Rept. 103-601) [12AU]
------Committee on Natural Resources (House) (H.R. 3600) (H. Rept.
103-601) [6OC]
------Committee on Post Office and Civil Service (House) (H.R.
3600) (H. Rept. 103-601) [7OC]
------Committee on Veterans' Affairs (House) (H.R. 3600) (H. Rept.
103-601) [2AU]
------Committee on Ways and Means (House) (H.R. 3600) (H. Rept.
103-601) [14JY]
National Flood Insurance Program Revision: Committee on Banking,
Finance and Urban Affairs (House) (H.R. 3191) (H. Rept. 103-
414) [26JA]
National Policy To Provide Health Care and Reform Insurance
Procedures: Committee on Education and Labor (House) (H.R.
3960) (H. Rept. 103-618) [22JY]
Retirement Protection Act: Committee on Education and Labor
(House) (H.R. 3396) (H. Rept. 103-632) [26AU]
------Committee on Ways and Means (House) (H. 3396) (H. Rept. 103-
632) [29JY]
INTELLIGENCE SERVICES
Appointments
Conferees: H.R. 4299, intelligence services appropriations [13SE]
Bills and resolutions
Appropriations: authorizing (H.R. 4299), consideration (see H.
Res. 468) [28JN]
------authorizing (H.R. 4299), consideration of conference report
(see H. Res. 555) [29SE]
Budget: identification of construction projects in budget
submissions and authorization of such projects (see H.R. 4940)
[11AU]
Committee on Intelligence (House, Select): expenses for
investigations and studies (see H. Res. 342) [3FE]
Credit: require disclosures by credit reporting agencies to the
FBI for counterintelligence purposes (see H.R. 5143) [30SE]
Russia: requirements relative to economic assistance (see H.R.
3992) [9MR]
Reports by conference committees
Appropriations (H.R. 4299) [27SE]
Reports filed
Consideration of Conference Report on H.R. 4299, Intelligence
Services Appropriations: Committee on Rules (House) (H. Res.
555) (H. Rept. 103-766) [29SE]
Consideration of H.R. 4299, Intelligence Services Appropriations:
Committee on Rules (House) (H. Res. 468) (H. Rept. 103-566)
[28JN]
Intelligence Services Appropriations: committee of conference
(H.R. 4299) (H. Rept. 103-753) [27SE]
INTERACTIVE ENTERTAINMENT RATING COMMISSION
Bills and resolutions
Establish (see H.R. 3785) [3FE]
INTERAGENCY TRADE ORGANIZATION
Bills and resolutions
SBA: designate the administrator as a member (see H.R. 4252)
[19AP]
INTERGOVERNMENTAL RELATIONS
Bills and resolutions
Forest Service: distribution of timber sales receipts to counties
in Texas (see H.R. 5235) [6OC]
INTERNAL REVENUE SERVICE
Bills and resolutions
Dept. of the Treasury: burden of proof in tax cases (see H.R.
5286) [7OC]
Taxation: allow claims for refunds where the statute of
limitations is open for the assessment of a deficiency (see
H.R. 4747) [13JY]
INTERNATIONAL AGREEMENTS
see Treaties
INTERNATIONAL ANTITRUST ENFORCEMENT ASSISTANCE ACT
Reports filed
Provisions: Committee on the Judiciary (House) (H.R. 4781) (H.
Rept. 103-772) [3OC]
INTERNATIONAL BANKING ACT
Bills and resolutions
Financial institutions: treatment of U.S. banks by foreign
countries (see H.R. 4926) [9AU]
Reports filed
Consideration of H.R. 4926, Treatment of U.S. Banks by Foreign
Countries: Committee on Rules (House) (H. Res. 543) (H. Rept.
103-743) [23SE]
Foreign Country Treatment of U.S. Banks: Committee on Banking,
Finance and Urban Affairs (H.R. 4926) (H. Rept. 103-727)
[19SE]
INTERNATIONAL ECONOMIC RELATIONS
Bills and resolutions
Financial institutions: treatment of U.S. banks by foreign
countries (see H.R. 4926) [9AU]
Reports filed
Consideration of H.R. 4926, Treatment of U.S. Banks by Foreign
Countries: Committee on Rules (House) (H. Res. 543) (H. Rept.
103-743) [23SE]
Foreign Country Treatment of U.S. Banks: Committee on Banking,
Finance and Urban Affairs (H.R. 4926) (H. Rept. 103-727)
[19SE]
INTERNATIONAL LAW
related term(s) Treaties
Reports filed
Jurisdiction of U.S. Courts in Cases Involving Torture or
Extrajudicial Killings in Foreign Countries: Committee on the
Judiciary (House) (H.R. 934) (H. Rept. 103-702) [16AU]
Ocean Radioactive Dumping Ban Act: Committee on Merchant Marine
and Fisheries (House) (H.R. 3982) (H. Rept. 103-522) [23MY]
INTERNATIONAL MONETARY SYSTEM
related term(s) World Bank
Bills and resolutions
Cuba: oppose admission as a member of international financial
institutions (see H.R. 5296) [29NO]
INTERNATIONAL NARCOTICS CONTROL CORRECTIONS ACT
Reports filed
Provisions: Committee on Foreign Affairs (House) (H.R. 5030) (H.
Rept. 103-724) [19SE]
[[Page 2775]]
INTERNATIONAL RELATIONS
related term(s) Conferences; Foreign Policy
Appointments
Interparliamentary Union [17MR] [18MR]
Mexico-U.S. Interparliamentary Group [17MR]
North Atlantic Assembly [25MY]
Bills and resolutions
Commission on International Coordination of Financial Regulation:
establish (see H.R. 4261) [20AP]
Cuba: oppose admission as a member of international financial
institutions (see H.R. 5296) [29NO]
Foreign trade: export control regime to stem proliferation of
military and strategic products and technology to countries
that may jeopardize international or U.S. national security
(see H. Res. 549) [27SE]
Germany: withdrawal of U.S. troops from Berlin (see H. Res. 476)
[12JY]
Haiti: U.S. proposal of international conservatorship (see H. Con.
Res. 260) [24JN]
Israel: anniversary of the reunification of Jerusalem (see H. Con.
Res. 239) [14AP]
NATO: assist transition of certain countries to NATO membership
(see H.R. 4210) [14AP]
------U.S. policy (see H.R. 4358) [5MY]
Nuclear energy: authorize the Dept. of Energy fusion research and
development programs to direct U.S. participation in the
International Thermonuclear Experimental Reactor (see H.R.
4553) [9JN]
Russia: requirements relative to economic assistance (see H.R.
3992) [9MR]
Tariff: personal affects of certain individuals associated with
the World Rowing Championships (see H.R. 3938) [2MR]
U.N. Day: designate (see H.J. Res. 426) [7OC]
Messages
Compliance of Emigration Laws and Policies With Respect to
Bulgaria: President Clinton [26JA]
International Emergency Economic Powers Act: President Clinton
[1AU]
NAFTA Implementation: President Clinton [6OC]
National Emergency With Respect to Libya: President Clinton [10FE]
[19JY]
Peace and Security in Bosnia and Herzegovina: President Clinton
[23AU]
U.S. Government Activities in the U.N.: President Clinton [19AU]
Reports filed
Conservation of Rhinoceros and Tigers: Committee on Merchant
Marine and Fisheries (House) (H.R. 4924) (H. Rept. 103-748)
[26SE]
Ocean Radioactive Dumping Ban Act: Committee on Merchant Marine
and Fisheries (House) (H.R. 3982) (H. Rept. 103-522) [23MY]
INTERNATIONAL TRADE
Reports filed
Conservation of Rhinoceros and Tigers: Committee on Merchant
Marine and Fisheries (House) (H.R. 4924) (H. Rept. 103-748)
[26SE]
INTERNATIONAL TRADE COMMISSION
Bills and resolutions
Food: monitoring of tomato and pepper imports (see H.R. 4794)
[19JY]
INTERPARLIAMENTARY CONFERENCES
Appointments
British-American Interparliamentary Group [5MY]
Conference of the Interparliamentary Union: members [12SE]
INTERPARLIAMENTARY UNION
Appointments
Members [17MR] [18MR]
INTERSTATE BANKING EFFICIENCY ACT
Appointments
Conferees: H.R. 3841, provisions [12MY] [26MY]
Bills and resolutions
Enact (H.R. 3841): consideration of conference report (see H. Res.
505) [3AU]
Reports by conference committees
Provisions (H.R. 3841) [2AU]
Reports filed
Consideration of Conference Report on H.R. 3841, Provisions:
Committee on Rules (House) (H. Res. 505) (H. Rept. 103-658)
[3AU]
Provisions: committee of conference (H.R. 3841) (H. Rept. 103-651)
[2AU]
INTERSTATE COMMERCE
related term(s) Cargo Transportation
Appointments
Conferees: H.R. 3841, Interstate Banking Efficiency Act [12MY]
[26MY]
Bills and resolutions
Crime: extend mail fraud prohibitions to include private and
commercial interstate carriers (see H.R. 4069) [17MR]
Insurance: disclosures (see H.J. Res. 414) [23SE]
------disclosures (H.R. 1188), consideration (see H. Res. 475)
[12JY]
Postal Service: forfeiture of property in mail or wire fraud
investigations and allocation of proceeds from forfeitures
(see H.R. 4070) [17MR]
Trucking industry: State regulation of motor carriers (see H.R.
5123) [28SE]
Water pollution: eligibility of State and local government
employees to serve on State boards that issue permits for
discharges into navigable waters (see H.R. 5150) [30SE]
Reports by conference committees
Interstate Banking Efficiency Act (H.R. 3841) [2AU]
Reports filed
Consideration of Conference Report on H.R. 3841, Interstate
Banking Efficiency Act: Committee on Rules (House) (H. Res.
505) (H. Rept. 103-658) [3AU]
Consideration of H.R. 1188, Insurance Disclosures in Interstate
Commerce: Committee on Rules (House) (H. Res. 475) (H. Rept.
103-597) [12JY]
Interstate Banking Efficiency Act: committee of conference (H.R.
3841) (H. Rept. 103-651) [2AU]
------Committee on Banking, Finance and Urban Affairs (House)
(H.R. 3841) (H. Rept. 103-448) [22MR]
Kansas and Missouri Metropolitan Culture District Compact:
Committee on the Judiciary (House) (H.R. 4896) (H. Rept. 103-
774) [3OC]
INTERSTATE COMMERCE COMMISSION
Bills and resolutions
Interstate commerce: insurance disclosures (see H.J. Res. 414)
[23SE]
------insurance disclosures (H.R. 1188), consideration (see H.
Res. 475) [12JY]
Reports filed
Consideration of H.R. 1188, Insurance Disclosures in Interstate
Commerce: Committee on Rules (House) (H. Res. 475) (H. Rept.
103-597) [12JY]
INTERSTATE COMPACTS
Reports filed
Central Midwest Interstate Low-Level Radioactive Waste Compact:
Committee on Natural Resources (House) (H.R. 4814) (H. Rept.
103-816) [3OC]
INVESTMENT ADVISER OVERSIGHT ACT
Motions
Enact (S. 423) [5OC]
INVESTMENTS
related term(s) Securities
Appointments
Conferees: H.R. 4950, Jobs Through Trade Expansion Act [4OC]
Bills and resolutions
Agriculture: authorize the use of commodities to promote market
development (see H.R. 5234) [6OC]
Bankruptcy: eligibility of small business investment companies to
file bankruptcy (see H.R. 4140) [24MR]
Credit: enhance availability of investment capital in low- to
moderate-income housing (see H.R. 5149) [30SE]
Depository institutions: include in financial reports information
on derivative financial instruments (see H.R. 4170) [12AP]
Dept. of the Treasury: establish the Office of Personal Savings
Promotion (see H.R. 3908) [24FE]
District of Columbia: authority to issue revenue bonds for
construction of convention center and sports arena (see H.R.
4888) [2AU]
ERISA: fiduciary duties relative to external benefits, social
investing, and economically targeted investments (see H.R.
5135) [29SE]
Executive Office of the President: convene a White House
Conference on Savings (see H. Con. Res. 211) [24FE]
Financial institutions: Federal regulation of derivatives
activities (see H.R. 3748) [26JA]
Higher Education Accumulation Program: establish to allow tax
deductible donations (see H.R. 3897) [24FE]
National Savings Month: designate (see H. Res. 371, 403) [24FE]
[12AP]
Securities: permit refunding of certain bonds (see H.R. 4397)
[11MY]
Small business: financial assistance and capital gains exclusion
for businesses operating in urban empowerment and enterprise
zones (see H.R. 4175) [12AP]
Social Security: reduce taxes and provide for individual
retirement accounts funded by Social Security payroll
deductions (see H.R. 3803) [3FE]
Taxation: capital gains (see H.R. 4099, 4269, 5259) [21MR] [20AP]
[7OC]
------market discount rules for municipal bonds (see H.R. 4714)
[30JN]
------penalty-free withdrawals from retirement plans by military
reservists equal to income lost due to active duty (see H.R.
3758) [1FE]
------restore regular investment tax credit (see H.R. 4879) [1AU]
------treatment of certain separation payments by employers (see
H.R. 3903) [24FE]
------treatment of controlled foreign corporation distributions
relative to investment of the distributions in the U.S. (see
H.R. 3933) [1MR]
------treatment of earned income tax credit (see H.R. 5193) [5OC]
------treatment of estates and trusts using similar rates
applicable to married individuals filing seperate returns (see
H.R. 5169) [4OC]
------treatment of individual training accounts (see H.R. 5089)
[23SE]
------use of individual retirement accounts as security for
certain business loans (see H.R. 3761) [2FE]
Messages
CCC Report: President Clinton [8JN]
Motions
SEC: increase the number of examiners who oversee investment
advisers and financial planners (S. 423) [5OC]
Reports by conference committees
Jobs Through Trade Expansion Act (H.R. 4950) [4OC]
Reports filed
Continuation of Certain SEC Fee Collections: Committee on Ways and
Means (House) (H.R. 4060) (H. Rept. 103-739) [22SE]
Indian Trust Funds Management Reform: Committee on Natural
Resources (House) (H.R. 4833) (H. Rept. 103-778) [3OC]
Jobs Through Trade Expansion Act: committee of conference (H.R.
4950) (H. Rept. 103-834) [4OC]
------Committee on Foreign Affairs (House) (H.R. 4950) (H. Rept.
103-726) [19SE]
Unlisted Trading Privileges for Corporate Securities: Committee on
Energy and Commerce (House) (H.R. 4535) (H. Rept. 103-626)
[28JY]
IOWA
Reports filed
Northern Great Plains Rural Development Commission: Committee on
Agriculture (House) (S. 2099) (H. Rept. 103-700) [12AU]
IRAN, ISLAMIC REPUBLIC OF
Messages
National Emergency With Respect to Iran: President Clinton [17MY]
IRAQ, REPUBLIC OF
Bills and resolutions
Refugees: prohibit entry of Iraqi veterans of the Persian Gulf
Conflict (see H.R. 4313) [28AP]
Messages
National Emergency With Respect to Iraq: President Clinton [3MR]
[2AU]
Motions
Claims: adjudication (H.R. 3221) [28AP]
Reports filed
Consideration of H.R. 3221, Adjudication of Claims Against Iraq:
Committee on Rules (House) (H. Res. 410) (H. Rept. 103-481)
[21AP]
[[Page 2776]]
IRISH AMERICANS
Bills and resolutions
Irish-American Heritage Month: designate (see H.J. Res. 401)
[11AU]
IRISH-AMERICAN HERITAGE MONTH
Bills and resolutions
Designate (see H.J. Res. 401) [11AU]
IRRIGATION
Reports filed
Belle Fourche Irrigation Project Expansion: Committee on Natural
Resources (House) (H.R. 4439) (H. Rept. 103-787) [3OC]
Water Desalination Act: Committee on Natural Resources (House)
(H.R. 4944) (H. Rept. 103-821) [3OC]
ISABELLE (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 4731) [12JY]
ISRAEL, STATE OF
related term(s) Middle East
Bills and resolutions
Jerusalem: anniversary of reunification (see H. Con. Res. 225,
239) [17MR] [14AP]
Middle East Development Initiative: establish (see H.R. 3818)
[8FE]
ISTOOK, ERNEST J., JR. (a Representative from Oklahoma)
Appointments
Conferee: H.R. 4539, Dept. of the Treasury, Postal Service,
Executive Office of the President, and independent agencies
appropriations [16AU]
------H.R. 4649, District of Columbia appropriations [28JY]
Bills and resolutions introduced by
Legislative branch of the Government: application of certain laws
(see H.R. 4850) [28JY]
Prayer: constitutional amendment on voluntary school prayer (see
H.J. Res. 424) [6OC]
Small business: participation in Federal health benefits program
(see H.R. 4857) [29JY]
Taxation: eliminate fees associated with changes in marital status
(see H.R. 3851) [10FE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
Dept. of the Treasury, Postal Service, Executive Office of the
President, and independent agencies: making appropriations
(H.R. 4539), conference report [22SE]
JACKSON, MS
Bills and resolutions
Medgar Wiley Evers Post Office: designate (see H.R. 3863) [10FE]
JACOBS, ANDREW, JR. (a Representative from Indiana)
Appointments
Conferee: H.R. 4277, establish Social Security Administration as
an independent agency [21JN]
------H.R. 4278, Social Security Domestic Employment Reform Act
[21JN]
White House Conference on Aging Policy Committee [21JN]
Bills and resolutions introduced by
Children and youth: confer court jurisdiction for the enforcement
of child support payment (see H.R. 5001) [19AU]
Colleges and universities: qualifications for certain education
programs (see H.R. 4341) [4MY]
Education: periods of silence in classrooms (see H. Con. Res. 208)
[23FE]
Federal employees: incentives for suggestions, inventions, or
other efforts which cause monetary savings to the Government
(see H.R. 4467) [20MY]
Health: national policy to provide health care and reform
insurance procedures (see H.R. 4410) [12MY]
Holder-Noland Federal Building and U.S. Courthouse, Indianapolis,
IN: designate (see H.R. 4501) [26MY]
Iron Overload Diseases Awareness Week: designate (see H.J. Res.
358) [20AP]
Martin University: participation in certain education programs
(see H.R. 4342) [4MY]
Social Security: amend certain tax policies and benefit
distribution practices (see H.R. 4105) [22MR]
------establish a disability review account to cover expenditures
for review procedures (see H.R. 3935) [2MR]
------improve old-age, survivors, and disability insurance program
(see H.R. 4278) [21AP]
------penalty for employer failure to file medicare and medicaid
data bank reports (see H.R. 4515) [26MY]
Social Security Administration: establish as independent agency
(see H.R. 4277) [21AP]
Tariff: personal affects of certain individuals associated with
the World Rowing Championships (see H.R. 3938) [2MR]
Taxation: deduction of overdue State tax obligations from Federal
income tax refunds (see H.R. 4138) [24MR]
------treatment of bus diesel fuel sales by registered vendors
(see H.R. 4483) [24MY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
JAILS
see Correctional Institutions
JAPAN
Bills and resolutions
Leyte Landing Day: designate (see H.J. Res. 400) [10AU]
Smithsonian Institution: context and portrayal of the Armed Forces
in the National Air and Space Museum Enola Gay exhibit (see H.
Res. 531) [19SE]
JEFFERSON, WILLIAM J. (a Representative from Louisiana)
Bills and resolutions introduced by
Jazz Centennial Year: designate (see H.J. Res. 380) [17JN]
National Center for Sickle Cell Disease Research: establish (see
H.R. 3745) [26JA]
Public works: private usage and contracting requirements of water
or wastewater facilities funded through tax-exempt municipal
bonds (see H.R. 3904) [24FE]
States: transfer of nonlethal excess defense articles from Dept.
of Defense (see H.R. 4456) [19MY]
Taxation: deduction of business meal expenses subject to Federal
hours of limitation (see H.R. 4986) [18AU]
------gas guzzler tax exemption for automobiles lengthened by
certain small manufacturers (see H.R. 3791) [3FE]
------treatment of certain separation payments by employers (see
H.R. 3903) [24FE]
JEWISH WAR VETERANS
Bills and resolutions
Postage and stamps: issue commemorative postage stamp honoring
anniversary (see H. Con. Res. 199) [25JA]
JEWS
Bills and resolutions
Crime: condemn attack on Hasidic students (see H. Con. Res. 244)
[4MY]
Israel: anniversary of the reunification of Jerusalem (see H. Con.
Res. 239) [14AP]
Jewish War Veterans: issue commemorative postage stamp honoring
anniversary (see H. Con. Res. 199) [25JA]
Wallenberg, Raoul: placement of a bust in the Capitol (see H. Con.
Res. 222) [11MR]
JOAN MARIE (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 4819) [22JY]
JOBS THROUGH TRADE EXPANSION ACT
Appointments
Conferees: H.R. 4950, provisions [4OC]
Reports by conference committees
Provisions (H.R. 4950) [4OC]
Reports filed
Provisions: committee of conference (H.R. 4950) (H. Rept. 103-834)
[4OC]
------Committee on Foreign Affairs (House) (H.R. 4950) (H. Rept.
103-726) [19SE]
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
Appointments
Members [21JN]
JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS
see Kennedy Center for the Performing Arts
JOHN STEINBECK DAY
Bills and resolutions
Designate (see H.J. Res. 423) [4OC]
JOHNSON, DON (a Representative from Georgia)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
JOHNSON, EDDIE BERNICE (a Representative from Texas)
Bills and resolutions introduced by
Miller, Doris: waive certain time restrictions relative to
awarding of the Medal of Honor (see H.R. 4851) [28JY]
National Neonatal Nurses Day: designate (see H.J. Res. 382) [22JN]
JOHNSON, NANCY L. (a Representative from Connecticut)
Bills and resolutions introduced by
CERCLA: cleanup of municipal waste landfill sites (see H.R. 3865,
4382) [11FE] [10MY]
Foreign trade: compensation to individuals injured under U.S.
trade laws (see H.R. 4716) [30JN]
Medicare: extend issuance period for select policies (see H.R.
5082) [22SE]
Taxation: apply exclusion of gain from sale of a principal
residence relative to disabled individuals (see H.R. 5002)
[19AU]
------deduction of expenses for children's overnight camps (see
H.R. 5003) [19AU]
Veterans: survivor annuity benefits relative to waivers made
before marriage (see H.R. 5004) [19AU]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
JOHNSON, SAM (a Representative from Texas)
Bills and resolutions introduced by
Appropriations: treatment of emergency appropriations (see H.R.
4457) [19MY]
Health: national policy to provide health care and reform
insurance procedures (see H.R. 4840) [27JY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
Education: authorizing appropriations for certain programs (H.R.
6), conference report [30SE]
JOHNSON, TIM (a Representative from South Dakota)
Appointments
Conferee: H.R. 3841, Interstate Banking Efficiency Act [12MY]
Bills and resolutions introduced by
Belle Fourche irrigation project: expand (see H.R. 4439) [17MY]
Business and industry: promote the use of soybean and other
vegetable oils in industrial products (see H.R. 4817) [22JY]
Elections: reporting requirements (see H.R. 4703) [30JN]
Firearms: prohibit the sale of firearms or ammunition to an
intoxicated person (see H.R. 3852) [10FE]
FmHA: use of attorneys to collect claims and obligations under
farm loan programs (see H.R. 4139) [24MR]
Lewis and Clark Rural Water System, Inc.: authorizing assistance
(see H.R. 4363) [5MY]
Members of Congress: require that donations to legal defense funds
be treated as campaign contributions (see H. Res. 376) [2MR]
------use of general Federal employees annuity formula (see H.R.
5167) [4OC]
National Park Service: consideration of Native American businesses
for concessions contracts (see H.R. 4389) [11MY]
Northern Great Plains Rural Development Commission: establish (see
H.R. 4388) [11MY]
Water: expand the Mni Wiconi rural water supply project of South
Dakota (see H.R. 3954) [3MR]
[[Page 2777]]
JOHNSTON, HARRY (a Representative from Florida)
Appointments
Canada-U.S. Interparliamentary Group [18MY]
Conferee: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
Bills and resolutions introduced by
Africa: authorizing assistance to promote peaceful resolution of
conflicts (see H.R. 4541) [8JN]
Employment: adjustments in the calculation of need for student
assistance for dislocated workers (see H.R. 4065) [17MR]
------counseling for dislocated workers relative to postsecondary
education options (see H.R. 4064) [17MR]
Florida: oil and gas leasing of the Continental Shelf (see H.R.
4613) [21JN]
------restrictions and requirements on leasing of the Continental
Shelf (see H.R. 4312) [28AP]
Foreign trade: requirements for export promotion assistance (see
H.R. 4935) [10AU]
Middle East: support for peace process and condemnation of
terrorist acts (see H. Con. Res. 219) [9MR]
Taxation: sale of principal residence (see H.R. 4612) [21JN]
JOINT CHIEFS OF STAFF
see Department of Defense
JOINT COMMITTEES
see Committee on Economics (Joint)
JONES, WALTER B. (a former Representative from North Carolina)
Reports filed
Walter B. Jones Federal Building and U.S. Courthouse, Greenville,
NC: Committee on Public Works and Transportation (House) (H.R.
4772) (H. Rept. 103-639) [1AU]
JUDICIARY
see Courts; Supreme Court
JUVENILES
see Children and Youth
KANJORSKI, PAUL E. (a Representative from Pennsylvania)
Appointments
Conferee: H.R. 820, National Competitiveness Act [19JY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------H.R. 3841, Interstate Banking Efficiency Act [12MY]
Bills and resolutions introduced by
Credit: availability of credit to businesses in areas of economic
distress (see H.R. 4766) [14JY]
Public Works and Economic Development Act: reauthorize (see H.R.
4267) [20AP]
Refugees: prohibit entry of Iraqi veterans of the Persian Gulf
Conflict (see H.R. 4313) [28AP]
KANSAS
Reports filed
Kansas and Missouri Metropolitan Culture District Compact:
Committee on the Judiciary (House) (H.R. 4896) (H. Rept. 103-
774) [3OC]
KAPTUR, MARCY (a Representative from Ohio)
Appointments
Conferee: H.R. 4554, agriculture, rural development, FDA, and
related agencies programs appropriations [13SE]
------H.R. 4624, Depts. of Veterans Affairs, HUD, and sundry
independent agencies appropriations [17AU]
------H.R. 4649, District of Columbia appropriations [28JY]
Bills and resolutions introduced by
District of Columbia: approve location for World War II memorial
(see H.J. Res. 406) [21AU]
Foreign trade: impose certain duties on products of the People's
Republic of China relative to worker rights and the
environment (see H.R. 4832) [26JY]
National Alliance for the Mentally Ill: recognize and grant
Federal charter (see H.R. 5088) [23SE]
Tariff: di-pentaerythritol (see H.R. 4080) [17MR]
Urban areas: establish Geno Baroni Commission on Neighborhoods and
provide for White House Conference on Neighborhoods (see H.R.
4580) [14JN]
Warsaw Ghetto Uprising: commemorate anniversary (see H.J. Res.
388) [14JY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
KASHMIR WORLD ACTION DAY
Bills and resolutions
Designate (see H. Res. 477) [12JY]
KASICH, JOHN R. (a Representative from Ohio)
Appointments
Conferee: S. 1587, Federal Acquisition Streamlining Act [4AU]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
Budget: setting forth the Federal budget for 1995-99 (H. Con. Res.
218) [14AP]
KAYSVILLE CITY, UT
Reports filed
Watershed-Protection Patented Land Lease Regulations: Committee on
Natural Resources (House) (S. 859) (H. Rept. 103-590) [12JY]
KAZAKHSTAN, REPUBLIC OF
related term(s) Commonwealth of Independent States
Reports filed
Oversight Visit--Baikonur Cosmodrome: Committee on Science, Space,
and Technology (House) (H. Rept. 103-451) [23MR]
KENAI NATIVES ASSOCIATION
Reports filed
Kenai Natives Association Correction of Land Entitlement
Inequities: Committee on Natural Resources (House) (H.R. 3613)
(H. Rept. 103-822) [3OC]
KENNEDY, JOHN F. (35th President of the United States)
Reports filed
Release of John F. Kennedy Assassination Records: Committee on
Government Operations (House) (H.R. 4569) (H. Rept. 103-587)
[12JY]
KENNEDY, JOSEPH P., II (a Representative from Massachusetts)
Appointments
Conferee: H.R. 3474, Community Development, Credit Enhancement,
and Regulatory Improvement Act [21AP]
------H.R. 3841, Interstate Banking Efficiency Act [12MY]
------H.R. 4299, intelligence services appropriations [13SE]
Bills and resolutions introduced by
Ireland, Northern: peace efforts (see H. Con. Res. 303) [30SE]
Maranatha (vessel): certificate of documentation (see H.R. 4836)
[26JY]
National Children's Day: designate (see H.J. Res. 389) [14JY]
Persian Gulf Conflict: improved system of health-related
information and availability of health care for veterans (see
H.R. 4542) [8JN]
Program on Social Ethics and Community Service: mint commemorative
coins (see H.R. 4464) [20MY]
Sunrise (vessel): certificate of documentation (see H.R. 4368)
[5MY]
KENNEDY CENTER FOR THE PERFORMING ARTS
Reports filed
Transfer Operating Responsibilities to the Board of Trustees:
Committee on Natural Resources (House) (H.R. 3567) (H. Rept.
103-453) [9MY]
------Committee on Public Works and Transportation (House) (H.R.
3567) (H. Rept. 103-453) [24MR]
KENNELLY, BARBARA B. (a Representative from Connecticut)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Bills and resolutions introduced by
Brien McMahon Federal Building, Bridgeport, CT: designate (see
H.R. 3724) [25JA]
Courts: Federal grants for the employment of additional State
prosecutors (see H.R. 3816) [8FE]
Dept. of Justice: establish rapid deployment force (see H.R. 4075)
[17MR]
Health: inclusion of annual lead poisoning screenings for children
in a national health care plan (see H. Con. Res. 209) [23FE]
Tariff: personal effects of individuals associated with the
Special Olympics World Games (see H.R. 4022) [11MR]
Taxation: treatment of long-term health care expenses (see H.R.
4516) [26MY]
------treatment of national service educational awards (see H.R.
4106) [22MR]
------treatment of pension integration, participation, and vesting
requirements and marital status changes (see H.R. 4367) [5MY]
KEY WEST, FL
Bills and resolutions
Key West Naval Air Station: convey land (see H.R. 4740) [13JY]
KIDNAPING
see Crime; Terrorism
KILDEE, DALE E. (a Representative from Michigan)
Appointments
Conferee: H.R. 6, education programs appropriations [20SE]
------H.R. 1804, Goals 2000--Educate America Act [23FE] [11MR]
------H.R. 2884, School-to-Work Opportunities Act [16MR]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------S. 2000, Head Start, LIHEAP, Community Development Block
Grant Program, and Coordinated Services for Children, Youth,
and Families reauthorization [28AP]
Bills and resolutions introduced by
Credit: civil penalties for unlawful billing under a consumer
credit plan (see H.R. 4629) [22JN]
Health: funding for WIC food programs in any national health care
plan (see H. Con. Res. 233) [24MR]
Tobacco products: treatment of overtime exemptions for employees
relative to the sale and processing of green and cigar leaf
tobacco (see H.R. 5187) [5OC]
Reports by conference committees
Education Programs Appropriations (H.R. 6) [28SE]
Goals 2000--Educate America Act (H.R. 1804) [21MR]
KIM, JAY (a Representative from California)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Bills and resolutions introduced by
Clean Air Act: application of certain requirements (see H.R. 4952)
[12AU]
------State implementation plans (see H.R. 4951, 4953) [12AU]
Dept. of the Interior: participation in construction of the Orange
County Regional Water Reclamation Project (see H.R. 4987)
[18AU]
Foreign trade: exports of medical devices (see H.R. 5188) [5OC]
National Inventors Week: designate (see H.J. Res. 384) [30JN]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
Small Business Act: amend (H.R. 4801) [21SE]
KING, MARTIN LUTHER, JR.
Reports filed
Martin Luther King, Jr., Federal Holiday Commission and Establish
Martin Luther King, Jr., Day as Day of National Community
Service: Committee on Post Office and Civil Service (House)
(H.R. 1933) (H. Rept. 103-418) [7FE]
KING, PETER T. (a Representative from New York)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
[[Page 2778]]
Bills and resolutions introduced by
Dept. of Education: reduce increase in grants to State and local
education agencies (see H.R. 3725) [25JA]
Dept. of HUD: assistance program eligibility for organizations
that promote prejudice or bias based on race, religion, or
ethnicity (see H.R. 4036) [15MR]
EPA: management conference for the lands and waters of the South
Shore Estuary Reserve, Long Island, NY (see H. Con. Res. 242)
[21AP]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
KINGSTON, JACK (a Representative from Georgia)
Bills and resolutions introduced by
Shipping industry: transport of equipment intended for cleanup of
radioactive waste under Federal contract (see H.R. 4743)
[13JY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
KLEIN, HERB (a Representative from New Jersey)
Appointments
Committee for the Funeral of Dean A. Gallo [29NO]
Committee for the Funeral of William H. Natcher [12AP]
Conferee: H.R. 820, National Competitiveness Act [19JY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
Bills and resolutions introduced by
Courts: protections for individuals changing their name to avoid
domestic violence (see H. Con. Res. 280) [11AU]
Credit: enhance availability of investment capital in low- to
moderate-income housing (see H.R. 5149) [30SE]
Dept. of HUD: reform the single family mortgage insurance program
(see H.R. 4390) [11MY]
Economy: loan guarantees and programs for businesses with
potential for growth and economic development (see H.R. 3853)
[10FE]
EPA: develop a risk assessment program (see H.R. 4306) [28AP]
Financial institutions: prohibit FDIC insured institutions from
imposing fees on deposits of rolled coins by individuals under
a certain age (see H.R. 5051) [19SE]
Firearms: assistance for State and local programs exchanging
merchandise vouchers for firearms (see H.R. 3746) [26JA]
National Arbor Day: designate (see H.J. Res. 322) [10FE]
KLINK, RON (a Representative from Pennsylvania)
Bills and resolutions introduced by
Clean Air Act: area redesignation and motor vehicle inspection and
maintenance programs (see H.R. 5304) [29NO]
Congressional Office for Public Opinion Research and Assessment:
establish (see H.R. 4081) [17MR]
Defense industries: transition of industries, communities, and
workers affected by reduced defense spending (see H.R. 5121)
[28SE]
Dept. of Defense: transfer certain excess equipment to educational
institutions and training schools (see H.R. 4251) [19AP]
Ecology and environment: establish environmental response training
and employment programs (see H.R. 4411) [12MY]
Education: improve quality of technical education in manufacturing
and other vocational technologies (see H.R. 5040) [13SE]
Hopewell Township, PA: convey certain lands to the Beaver County
Corp. for Economic Development (see H.R. 4704) [30JN]
Taxation: treatment of individual training accounts (see H.R.
5089) [23SE]
Unemployment: emergency unemployment compensation program (see
H.R. 4517) [26MY]
KLUG, SCOTT L. (a Representative from Wisconsin)
Bills and resolutions introduced by
Committee on House Administration (House): release of transcripts
and documents relative to investigation of House Post Office
(see H. Res. 435) [24MY]
Committee on Standards of Official Conduct (House): investigation
of House Post Office (see H. Res. 436) [24MY]
International Fund for Ireland: prohibit U.S. contributions (see
H.R. 4559) [9JN]
Tourist trade: sporting event travel package requirements (see
H.R. 3726) [25JA]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
KNOLLENBERG, JOE (a Representative from Michigan)
Bills and resolutions introduced by
Middle East: Israeli/Palestinian peace agreement signing in Cairo,
Egypt (see H. Con. Res. 245) [5MY]
Public welfare programs: reform (see H. Res. 525) [18AU]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
KOLBE, JIM (a Representative from Arizona)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Conferee: H.R. 4602, Dept. of the Interior and related agencies
appropriations [13SE]
Mexico-U.S. Interparliamentary Group [17MR]
Bills and resolutions introduced by
Foreign trade: promote U.S. industry and technology in competition
with Japan (see H.R. 4458) [19MY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
Depts. of Veterans Affairs, HUD, and sundry independent agencies:
authorizing appropriations (H.R. 4624) [29JN]
KOPETSKI, MICHAEL J. (a Representative from Oregon)
Bills and resolutions introduced by
FTC: termination of orders in effect for more than 10 years (see
H.R. 4518) [26MY]
Immigration: eliminate the accelerated permanent-residency status
process for Cuban nationals (see H.R. 3854) [10FE]
Native Americans: declare public domain lands to be held in trust
for the Confederated Tribes of Siletz Indians of Oregon (see
H.R. 4119) [23MR]
Nevada Test Site, NV: environmental restoration study (see H.R.
4359) [5MY]
Opal Creek Forest Preserve: establish (see H.R. 3905, 5236) [24FE]
[6OC]
Oregon State University: authorizing appropriations for a forest
ecosystem research laboratory (see H.R. 4705) [30JN]
Rwanda: grant temporary protected status to student nationals (see
H.R. 4317) [28AP]
Ships and vessels: amend the licensing of a vessel owned by Ronnie
C. Fisheries, Inc. for coastwise trade and fisheries of the
U.S. (see H.R. 5239) [6OC]
Taxation: treatment of cash payments of legal fees relative to the
reporting requirements of a trade or business (see H.R. 4321)
[2MY]
KOREAN WAR
related term(s) War
Bills and resolutions
National Korean War Veterans Armistice Day: designate (see H.J.
Res. 332) [9MR]
KREIDLER, MIKE (a Representative from Washington)
Appointments
Conferee: S. 2000, Head Start, LIHEAP, Community Development Block
Grant Program, and Coordinated Services for Children, Youth,
and Families reauthorization [28AP]
Bills and resolutions introduced by
Dept. of Energy: reductions in spending at or through certain
facilities (see H.R. 4706) [30JN]
Dept. of Energy Facilities Closure and Reconfiguration Commission:
establish (see H.R. 3782) [2FE]
Drugs: pediatric research and testing for new drugs (see H.R.
4427) [16MY]
Employment: child labor laws relative to operation of motor
vehicles (see H.R. 4303) [26AP]
Medicaid: coverage of osteopathic services for children and
pregnant women (see H.R. 3906) [24FE]
Medicare: availability of patient record to treating physicians
(see H.R. 3907) [24FE]
------coverage of anesthesia services provided by certified
registered nurse anesthetists (see H.R. 4291) [21AP]
Office of Workers' Compensation Programs: appeals process and
judicial review (see H.R. 4977) [17AU]
------procedures for the selection of second-opinion physicians
(see H.R. 4978) [17AU]
------selection of board-certified second-opinion physicians (see
H.R. 4979) [17AU]
Shipping industry: marine port authority guidelines relative to
public health and safety and the environment (see H.R. 3747)
[26JA]
KYL, JON (a Representative from Arizona)
Appointments
Conferee: H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------S. 1587, Federal Acquisition Streamlining Act [4AU]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Crime: condemn attack on Hasidic students (see H. Con. Res. 244)
[4MY]
Elections: establish a commission to examine the impact of
changing the deadline for filing Federal income tax returns to
Federal election day (see H.R. 4223) [14AP]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
LABELING
Bills and resolutions
Agriculture: milk content and prices (see H.R. 4923) [9AU]
Food industry: regulation of labeling terms for poultry (see H.R.
4839) [27JY]
LABOR UNIONS
Bills and resolutions
Major League Baseball: apply arbitration for strikes (see H.R.
5095) [23SE]
Messages
Federal Labor Relations Authority: President Clinton [3OC]
Reports filed
Application of Antitrust Laws to Major League Baseball Players'
Strike: Committee on the Judiciary (House) (H.R. 4994) (H.
Rept. 103-871) [29NO]
LADY ANGELA (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 4730) [12JY]
LADY HELEN (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 4820) [22JY]
LaFALCE, JOHN J. (a Representative from New York)
Appointments
Canada-U.S. Interparliamentary Group [18MY]
Conferee: H.R. 820, National Competitiveness Act [19JY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------H.R. 3841, Interstate Banking Efficiency Act [12MY]
------S. 1587, Federal Acquisition Streamlining Act [4AU]
------S. 2060, amend Small Business Act [21SE]
Bills and resolutions introduced by
Bankruptcy: eligibility of small business investment companies to
file bankruptcy (see H.R. 4140) [24MR]
Coins: issue one dollar coin (see H.R. 5168) [4OC]
Commission on the Review of National Policies Toward Gambling:
establish (see H.R. 5291) [29NO]
Committee on Small Business (House): expenses for investigations
and studies (see H. Res. 359) [10FE]
Interagency Trade Organization: designate the SBA Administrator as
a member (see H.R. 4252) [19AP]
Investments: prepayment of debentures issued by State and local
development companies (see H.R. 4298) [25AP]
[[Page 2779]]
Medicare: coverage of betaseron treatment for multiple sclerosis
(see H.R. 4610) [21JN]
SBA: authorize prepayment of certain high interest rate loans (see
H.R. 4686) [30JN]
------establish premier lenders program under the certified
development company program (see H.R. 4685) [30JN]
Small business: encourage small and minority-owned businesses to
participate in Federal procurement and Government contracts
(see H.R. 4263) [20AP]
------increase authorization for the development company program
(see H.R. 4322) [2MY]
Small Business Act: amend (see H.R. 4297, 4801) [25AP] [20JY]
Motions offered by
Small Business Act: amend (S. 2060) [21SE]
Reports by conference committees
Small Business Act Amendments (S. 2060) [3OC]
Reports filed
Encourage Small and Minority-Owned Businesses To Participate in
Federal Procurement and Government Contracts: Committee on
Small Business (House) (H.R. 4263) (H. Rept. 103-608) [18JY]
Small Business Act Amendments: committee of conference (S. 2060)
(H. Rept. 103-824) [3OC]
------Committee on Small Business (House) (H.R. 4801) (H. Rept.
103-616) [21JY]
Small Business Development Company Program Appropriations:
Committee on Small Business (House) (H.R. 4322) (H. Rept. 103-
572) [30JN]
LAKES
related term(s) Ecology and Environment; Water
Bills and resolutions
Coeur d'Alene Basin Management Conference: convene (see H.R. 4962)
[12AU]
Coeur d'Alene Basin Restoration Corp.: establish (see H.R. 4961)
[12AU]
Lake Powell: eliminate the maximum daily diversion restriction
relative to pumping of water (see H.R. 5025) [12SE]
Ships and vessels: certificates of documentation for certain
barges for employment in the coastwise and Great Lakes trade
with Canada (see H.R. 4633) [22JN]
Reports filed
Eliminate the Maximum Daily Diversion Restriction Relative to
Pumping of Water From Lake Powell, AZ: Committee on Natural
Resources (House) (H.R. 5025) (H. Rept. 103-802) [3OC]
LAMBERT, BLANCHE M. (a Representative from Arkansas)
Bills and resolutions introduced by
Aquaculture: develop national policy (see H.R. 4676, 4744) [29JN]
[13JY]
Arkansas: conveyance of the Corning National Fish Hatchery (see
H.R. 4253) [19AP]
------conveyance of William H. Donham State Fish Hatchery by Dept.
of the Interior (see H.R. 4082) [17MR]
CERCLA: clarify liability for recycling transactions (see H.R.
4360) [5MY]
FERC: extension of deadline for construction of hydroelectric
projects in Arkansas (see H.R. 5052) [19SE]
Health care professionals: incentives for service in rural areas
(see H.R. 4688) [30JN]
Lower Mississippi Delta region: initiatives to address certain
needs (see H.R. 4224) [14AP]
Medicaid: designation of certain children's hospital clinics as
qualified health care centers (see H.R. 3947) [3MR]
------State coverage of children with special health care needs
(see H.R. 4687) [30JN]
Medicare: bonus payments for health care professionals service in
shortage areas (see H.R. 4689) [30JN]
Safe Drinking Water Act: reauthorization (see H.R. 4314) [28AP]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
LAMBROS, THOMAS D.
Reports filed
Thomas D. Lambros Federal Building: Committee on Public Works and
Transportation (House) (H.R. 4727) (H. Rept. 103-638) [1AU]
LANCASTER, H. MARTIN (a Representative from North Carolina)
Appointments
Conferee: S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Agriculture: regulations for purchasing and eradicating swine
infected with brucellosis (see H.R. 4044) [16MR]
Attitude (vessel): certificate of documentation (see H.R. 4837)
[26JY]
Dept. of Transportation: transfer administrative jurisdiction of
certain lands to the Cape Hatteras National Seashore
Recreational Area (see H.R. 4364) [5MY]
Joan Marie (vessel): certificate of documentation (see H.R. 4819)
[22JY]
North Carolina: admission as member of the Mid-Atlantic Fishery
Management Council (see H.R. 3931) [1MR]
Ships and vessels: certificate of documentation for a hopper barge
(see H.R. 4797) [19JY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
LAND USE
Appointments
Conferees: H.R. 322, Mineral Exploration and Development Act
[17MY] [20MY]
Bills and resolutions
Alaska Native Claims Settlement Act: repurchase plan of native
corporation stock (see H.R. 4665) [28JN]
Parks and recreation areas: imposition of certain fees for use of
developed recreation sites and facilities (see H.R. 4014)
[11MR]
Rural areas: establish rural development strategy (see H.R. 5086)
[23SE]
Reports filed
Alaska Native Claims Settlement Act Amendments: Committee on
Natural Resources (House) (H.R. 4665) (H. Rept. 103-798) [3OC]
Convey Certain Shoshone Federal Reclamation Project Lands to the
Big Horn County School District: Committee on Natural
Resources (House) (H.R. 2614) (H. Rept. 103-811) [3OC]
Increase the Irrigable Acreage for the San Angelo, TX, Federal
Reclamation Project: Committee on Natural Resources (House)
(H.R. 1474) (H. Rept. 103-810) [3OC]
Kenai Natives Association Correction of Land Entitlement
Inequities: Committee on Natural Resources (House) (H.R. 3613)
(H. Rept. 103-822) [3OC]
Native American Land and Water Claims Technical Amendments:
Committee on Natural Resources (House) (H.R. 4709) (H. Rept.
103-704) [16AU]
------Committee on Natural Resources (House) (S. 1654) (H. Rept.
103-479) [19AP]
LANGUAGES
Bills and resolutions
Employment: establish that English language usage requirements may
cause an adverse and disparate effect on employees and
applicants (see H.R. 5127) [28SE]
States: prohibit intentional creation of legislative districts
based on the race, color, national origin, or language of
voters within such districts (see H.R. 4637) [23JN]
LANTOS, TOM (a Representative from California)
Appointments
British-American Interparliamentary Group [5MY]
Conferee: H.R. 1804, Goals 2000--Educate America Act [11MR]
------H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 2739, Airport and Airway Improvement Act appropriations
[26JY]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------S. 1587, Federal Acquisition Streamlining Act [4AU]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Animals: provide for nonanimal acute toxicity testing (see H.R.
5222) [6OC]
China, People's Republic of: encourage liberalization (see H.R.
5269) [7OC]
Interactive Entertainment Rating Commission: establish (see H.R.
3785) [3FE]
Religion: condemn speech by a senior representative of the Nation
of Islam (see H. Res. 343) [3FE]
Terrorism: condemn attacks relative to Middle East peace
agreements (see H. Res. 510) [5AU]
LaROCCO, LARRY (a Representative from Idaho)
Appointments
Conferee: H.R. 3474, Community Development, Credit Enhancement,
and Regulatory Improvement Act [21AP]
------H.R. 4299, intelligence services appropriations [13SE]
Bills and resolutions introduced by
Coeur d'Alene Basin Management Conference: convene (see H.R. 4962)
[12AU]
Coeur d'Alene Basin Restoration Corp.: establish (see H.R. 4961)
[12AU]
Dept. of the Treasury: establish the Office of Personal Savings
Promotion (see H.R. 3908) [24FE]
Executive Office of the President: convene a White House
Conference on Savings (see H. Con. Res. 211) [24FE]
Forest Service: develop and implement special management practices
for National Forest System lands (see H.R. 3944) [2MR]
Forests: forest health improvement programs on Federal lands
through the use of land stewardship contracts (see H.R. 5007)
[20AU]
Health: development of rural telemedicine (see H.R. 3909) [24FE]
Idaho: designate certain lands as wilderness (see H.R. 3732)
[25JA]
Lower Salmon River: designate segment as component of Wild and
Scenic Rivers System (see H.R. 4083) [17MR]
National Savings Month: designate (see H. Res. 371, 403) [24FE]
[12AP]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
LAUGHLIN, GREG (a Representative from Texas)
Appointments
Conferee: H.R. 4299, intelligence services appropriations [13SE]
U.S. Military Academy Board of Visitors [21JN]
LAW ENFORCEMENT
Appointments
Conferees: H.R. 3355, Violent Crime Control and Law Enforcement
Act [17MY] [23MY] [22JN] [19AU]
Bills and resolutions
Committee on Standards of Official Conduct (House): investigation
of House Post Office activity relative to violations of House
Rules or embezzlement of public funds by Members of Congress
(see H. Res. 375) [2MR]
Courts: Federal grants for the employment of additional State
prosecutors (see H.R. 3816) [8FE]
------protections for individuals changing their name to avoid
domestic violence (see H. Con. Res. 280) [11AU]
------provide for the awarding of attorney's fee for prevailing
plaintiffs in Federal civil actions (see H.R. 5101) [26SE]
------provide support and assistance to drug courts (see H.R.
3980) [8MR]
Credit: require disclosures by credit reporting agencies to the
FBI for counterintelligence purposes (see H.R. 5143) [30SE]
Crime: assistance to local educational agencies and community-
based organizations relative to hate crimes (see H.R. 4234)
[14AP]
------availability of information to employers relative to child-
related sex offenses (see H. Con. Res. 203) [8FE]
------initiation of a community justice program to assist in the
prevention of crime (see H.R. 4033) [15MR]
------national policy to control crime and reform court procedures
(H.R. 3355), consideration of conference report (see H. Res.
517, 522, 526) [10AU] [16AU] [21AU]
[[Page 2780]]
------national policy to control crime and reform court procedures
(H.R. 4092), consideration (see H. Res. 401) [12AP]
------require that State laws relating to certain assaults be
enforced without regard to the age of the victim (see H.R.
4526) [26MY]
Dept. of State: passport denials to noncustodial parents subject
to State arrest warrants for nonpayment of child support (see
H.R. 5175) [4OC]
ERISA: auditing of employee benefit plans (see H.R. 5226) [6OC]
Fire prevention: grants for arson research, prevention, and
control (H.R. 1727), Senate amendments (see H. Res. 413)
[26AP]
Firearms: assistance for State and local programs exchanging
merchandise vouchers for firearms (see H.R. 3771) [2FE]
House of Representatives: application of certain laws (see H. Res.
578) [7OC]
------application of certain laws (H. Res. 578), consideration
(see H. Res. 579) [7OC]
Law enforcement officers: standards and protections for the
conduct of internal investigations (see H.R. 4179) [12AP]
Postal Service: forfeiture of property in mail or wire fraud
investigations and allocation of proceeds from forfeitures
(see H.R. 4070) [17MR]
States: require reporting of certain crime information to the FBI
(see H.R. 5152) [30SE]
Motions
Committee on Standards of Official Conduct (House): investigation
of House Post Office activity relative to violations of House
Rules or embezzlement of public funds by Members of Congress
(H. Res. 238) [2MR]
Crime: national policy to control crime and reform court
procedures (H.R. 3355) [21AP]
------national policy to control crime and reform court procedures
(H.R. 3355), conference report [15JN] [16JN] [21JN] [22JN]
[23JN] [28JN] [29JN] [12JY] [19JY] [20JY] [21JY] [25JY] [26JY]
------national policy to control crime and reform court procedures
(H.R. 4092) [14AP] [19AP] [21AP]
Reports by conference committees
Violent Crime Control and Law Enforcement Act (H.R. 3355) [10AU]
[21AU]
Reports filed
Amend House Rules Relative to the Application of Certain Laws to
the House of Representatives: Committee on Rules (House) (H.
Res. 571) (H. Rept. 103-841) [5OC]
Consideration of Conference Report on H.R. 3355, Violent Crime
Control and Law Enforcement Act: Committee on Rules (House)
(H. Res. 517) (H. Rept. 103-697) [10AU]
------Committee on Rules (House) (H. Res. 522) (H. Rept. 103-707)
[16AU]
------Committee on Rules (House) (H. Res. 526) (H. Rept. 103-713)
[21AU]
Consideration of H. Res. 578, Application of Certain Laws to the
House of Representatives: Committee on Rules (House) (H. Res.
579) (H. Rept. 103-851) [7OC]
Consideration of H.R. 4092, National Policy To Control Crime and
Reform Court Procedures: Committee on Rules (House) (H. Res.
395) (H. Rept. 103-449) [22MR]
------Committee on Rules (House) (H. Res. 401) (H. Rept. 103-474)
[12AP]
Constitutional Procedures for the Imposition of Capital
Punishment: Committee on the Judiciary (House) (H.R. 4035) (H.
Rept. 103-467) [12AP]
Imposition of Capital Punishment for Certain Crimes: Committee on
the Judiciary (House) (H.R. 4032) (H. Rept. 103-466) [12AP]
Initiating a Community Justice Program To Assist in the Prevention
of Crime: Committee on the Judiciary (House) (H.R. 4033) (H.
Rept. 103-459) [24MR]
Law Enforcement Wiretap Capability Relative to Digital
Transmissions and Other Emerging Telecommunication
Technologies: Committee on the Judiciary (House) (H.R. 4922)
(H. Rept. 103-827) [4OC]
Violent Crime Control and Law Enforcement Act: committee of
conference (H.R. 3355) (H. Rept. 103-694) [10AU]
------committee of conference (H.R. 3355) (H. Rept. 103-711)
[21AU]
LAW ENFORCEMENT OFFICERS
Bills and resolutions
Courts: Federal recognition of certain State laws relative to
confidentiality privileges (see H.R. 3985) [9MR]
Dept. of Justice: establish rapid deployment force (see H.R. 4075)
[17MR]
States: standards and protections for the conduct of internal
investigations (see H.R. 4179) [12AP]
LAWLER, JOHN L., JR.
Bills and resolutions
John L. Lawler, Jr., Post Office, Florissant, MO: designate (see
H.R. 4596) [17JN]
LAZIO, RICK (a Representative from New York)
Appointments
Conferee: H.R. 3474, Community Development, Credit Enhancement,
and Regulatory Improvement Act [23MY]
Bills and resolutions introduced by
Dept. of HHS: study use of biometric devices to verify identity of
AFDC applicants (see H.R. 3727) [25JA]
Housing: rental assistance to relocate individuals who provide
information on criminal activity (see H.R. 4141) [24MR]
Taxation: apply exclusion of gain from sale of a principal
residence relative to unemployment (see H.R. 5021) [23AU]
------penalty-free withdrawals from retirement plans for
unemployed individuals (see H.R. 5020) [23AU]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
LEACH, JIM (a Representative from Iowa)
Appointments
Conferee: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 2739, Airport and Airway Improvement Act appropriations
[26JY]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------H.R. 3841, Interstate Banking Efficiency Act [12MY]
Bills and resolutions introduced by
Dept. of HUD: discourage interference with the exercise of the
rights of free speech, free association, and the petition of
Government for redress of grievances (see H. Con. Res. 294)
[22SE]
Financial institutions: Federal regulation of depository
institution service corporations (see H.R. 4097) [21MR]
------Federal regulation of derivatives activities (see H.R. 3748)
[26JA]
Insurance: fair trade in foreign markets (see H.R. 3974) [8MR]
Tariff: halosulfuron-methyl (see H.R. 3855) [10FE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
LEAD EXPOSURE REDUCTION ACT
Bills and resolutions
Enact (S. 729): return to Senate (see H. Res. 486) [21JY]
LEGAL SERVICES CORP.
Bills and resolutions
Appropriations: authorizing (see H.R. 4508) [26MY]
LEGISLATIVE BRANCH OF THE GOVERNMENT
related term(s) Congress; House of Representatives; Senate
Bills and resolutions
Appropriations: making (see H.R. 4454) [19MY]
------making (H.R. 4454), consideration (see H. Res. 444) [25MY]
------making (H.R. 4454), consideration of conference report (see
H. Res. 470) [29JN]
------reduce (see H.R. 4405) [12MY]
Committee on Standards of Official Conduct (House): investigation
of House Post Office activity relative to violations of House
Rules or embezzlement of public funds by Members of Congress
(see H. Res. 375) [2MR]
Government: application of certain laws (see H.R. 4892) [3AU]
------application of certain laws (H.R. 4822), consideration (see
H. Res. 514) [9AU]
------close appropriation accounts available for an indefinite
period (see H.R. 5237) [6OC]
House of Representatives: application of certain laws (see H. Res.
578) [7OC]
------application of certain laws (H. Res. 578), consideration
(see H. Res. 579) [7OC]
Lobbyists: prohibit former Members of Congress convicted of a
felony from lobbying in the legislative or executive branch of
Government (see H.R. 5174) [4OC]
Members of Congress: establish a national advisory referendum on
limiting of terms (see H.R. 3835) [9FE]
------establish a national advisory referendum on limiting of
terms (H.R. 3835), consideration (see H. Res. 408) [19AP]
OSHA: application of laws (see H.R. 4739) [13JY]
Motions
Appropriations: making (H.R. 4454) [26MY] [28JN]
Committee on Standards of Official Conduct (House): investigation
of House Post Office activity relative to violations of House
Rules or embezzlement of public funds by Members of Congress
(H. Res. 238) [2MR]
Reports by conference committees
Appropriations (H.R. 4454) [28JN]
Reports filed
Appropriations: committee of conference (H.R. 4454) (H. Rept. 103-
567) [28JN]
------Committee on Appropriations (House) (H.R. 4454) (H. Rept.
103-517) [19MY]
Congressional Accountability Act: Committee on House
Administration (House) (H.R. 4822) (H. Rept. 103-650) [2AU]
------Committee on Rules (House) (H.R. 4822) (H. Rept. 103-650)
[2AU]
Consideration of Conference Report on H.R. 4454, Legislative
Branch of the Government Appropriations: Committee on Rules
(House) (H. Res. 470) (H. Rept. 103-569) [29JN]
Consideration of H. Res. 578, Application of Certain Laws to the
House of Representatives: Committee on Rules (House) (H. Res.
579) (H. Rept. 103-851) [7OC]
Consideration of H.R. 4454, Legislative Branch Appropriations:
Committee on Rules (House) (H. Res. 444) (H. Rept. 103-532)
[25MY]
Consideration of H.R. 4822, Congressional Accountability Act:
Committee on Rules (House) (H. Res. 514) (H. Rept. 103-691)
[9AU]
LEGISLATIVE REORGANIZATION ACT
Bills and resolutions
Congress: waiver of sine die adjournment requirement (H. Con. Res.
275), consideration (see H. Res. 495) [28JY]
Reports filed
Consideration of H. Con. Res. 275, Sine Die Adjournment
Requirement Waiver: Committee on Rules (House) (H. Res. 495)
(H. Rept. 103-628) [28JY]
LEHMAN, RICHARD H. (a Representative from California)
Appointments
Conferee: H.R. 322, Mineral Exploration and Development Act [17MY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------S. 21, California Desert Protection Act [4OC]
------S. 2000, Head Start, LIHEAP, Community Development Block
Grant Program, and Coordinated Services for Children, Youth,
and Families reauthorization [28AP]
Bills and resolutions introduced by
California: health and productivity of National Forest System
lands and the use of ecosystem management practices (see H.R.
4068) [17MR]
[[Page 2781]]
Education: establish incentives to improve the use of
telecommunications and technology (see H.R. 5013) [21AU]
Foreign aid: prohibit to countries that restrict the delivery of
U.S. humanitarian assistance to other countries (see H.R.
4142) [24MR]
Helium: prohibit Bureau of Mines from refining and selling of
helium, and dispose of helium reserve (see H.R. 3967) [8MR]
Power resources: provide a loan for the Madera-Chowchilla Power
Authority (see H.R. 5099) [26SE]
Taxation: prevent fraudulent claims for the earned income credit
(see H.R. 4225) [14AP]
Water pollution: eligibility of State and local government
employees to serve on State boards that issue permits for
discharges into navigable waters (see H.R. 5150) [30SE]
LEVIN, SANDER M. (a Representative from Michigan)
Bills and resolutions introduced by
Children and youth: report child support obligations to consumer
reporting agencies (see H.R. 4677) [29JN]
Fair Trade in Auto Parts Act: extend authorities (see H.R. 3749)
[26JA]
Sea Hawk III (vessel): certificate of documentation (see H.R.
4717) [30JN]
LEVIN, THEODORE
Bills and resolutions
Theodore Levin Federal Building and U.S. Courthouse, Detroit, MI:
designate (see H.R. 4967) [16AU]
Reports filed
Theodore Levin Federal Building and U.S. Courthouse, Detroit, MI:
Committee on Public Works and Transportation (House) (H.R.
4967) (H. Rept. 103-762) [29SE]
LEVY, DAVID A. (a Representative from New York)
Appointments
Conferee: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
Bills and resolutions introduced by
Firearms: prohibit interstate transportation of weapons with the
intent to commit a violent crime (see H.R. 3733, 3883) [25JA]
[23FE]
Interstate commerce: prohibit ticket resale profiteering (see H.R.
4344) [4MY]
Patents: renewal for word game board (see H.R. 3890) [23FE]
Terrorism: condemn speech by PLO leader Yasser Arafat (see H. Con.
Res. 287) [19AU]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
LEWIS, JERRY (a Representative from California)
Appointments
Committee for the Funeral of Dean A. Gallo [29NO]
Conferee: H.R. 3759, making supplemental appropriations [10FE]
------H.R. 4299, intelligence services appropriations [13SE]
------H.R. 4624, Depts. of Veterans Affairs, HUD, and sundry
independent agencies appropriations [17AU]
------H.R. 4650, Dept. of Defense appropriations [13SE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
California: designate certain desert lands as wilderness (S. 21)
[4OC]
------establish Death Valley and Joshua Tree National Parks and
Mojave National Monument (S. 21) [4OC]
LEWIS, JOHN (a Representative from Georgia)
Appointments
John C. Stennis Center for Public Service Training and Development
[21JN]
Bills and resolutions introduced by
Freedom National Park: establish (see H.R. 3956) [3MR]
Freedom Summer Remembrance Day: designate (see H. Res. 457) [17JN]
Mays, Benjamin E.: award the Presidential Medal of Freedom (see H.
Res. 527) [21AU]
------issuance of commemorative postage stamp (see H. Res. 528)
[21AU]
LEWIS, RON (a Representative from Kentucky)
Bills and resolutions introduced by
Lobbyists: regulations relative to grassroots organizations (see
H. Res. 569) [5OC]
William H. Natcher Bridge: designate (see H.R. 4980) [17AU]
LEWIS, TOM (a Representative from Florida)
Appointments
British-American Interparliamentary Group [5MY]
Conferee: H.R. 820, National Competitiveness Act [19JY]
------H.R. 2739, Airport and Airway Improvement Act appropriations
[26JY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
LEYTE LANDING DAY
Bills and resolutions
Designate (see H.J. Res. 400) [10AU]
LIBRARIES
Bills and resolutions
Education: improve quality of school libraries, media centers, and
facilities (see H.R. 4316) [28AP]
Library of Congress: protection of books and materials (see H.R.
4248) [19AP]
LIBRARY OF CONGRESS
Bills and resolutions
Books and materials: protection (see H.R. 4248) [19AP]
Dept. of the Treasury: establish the Library of Congress Revolving
Fund (see H.R. 4736) [13JY]
LIBYA, SOCIALIST PEOPLE'S ARAB REPUBLIC
Messages
National Emergency With Respect to Libya: President Clinton [10FE]
[19JY]
Trade Embargo Against Libya: President Clinton [19JY]
LIGHTFOOT, JIM (a Representative from Iowa)
Appointments
Conferee: H.R. 4426, foreign operations, export financing, and
related programs appropriations [28JY]
------H.R. 4539, Dept. of the Treasury, Postal Service, Executive
Office of the President, and independent agencies
appropriations [16AU]
Bills and resolutions introduced by
Taxation: one-time exclusion of gain from the sale of farmland to
a beginning farmer (see H.R. 5014) [21AU]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
Dept. of the Treasury, Postal Service, Executive Office of the
President, and independent agencies: making appropriations
(H.R. 4539) [16AU] [19SE]
Depts. of Commerce, Justice, and State, the Judiciary, and related
agencies: authorizing appropriations (H.R. 4603) [27JN]
Depts. of Labor, HHS, Education, and related agencies: making
appropriations (H.R. 4606) [29JN]
LINDER, JOHN (a Representative from Georgia)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Conferee: H.R. 820, National Competitiveness Act [19JY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
LIPINSKI, WILLIAM O. (a Representative from Illinois)
Bills and resolutions introduced by
Federal Maritime Commission: authorizing appropriations (see H.R.
4391) [11MY]
Foreign trade: negotiations to forbid practices which restrain or
prevent U.S.-flag vessels from transporting motor vehicles
into the U.S. (see H. Con. Res. 317) [7OC]
Illinois and Michigan Canal Heritage Corridor: modify boundaries
(see H.R. 3999) [10MR]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
LITERATURE
related term(s) Arts and Humanities
Bills and resolutions
John Steinbeck Day: designate (see H.J. Res. 423) [4OC]
Library of Congress: protection of books and materials (see H.R.
4248) [19AP]
LITHUANIA, REPUBLIC OF
Messages
Extension of Fishery Agreement With Annex Between the U.S. and
Lithuania: President Clinton [19JY]
LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS AND THE LITTLE RIVER BAND OF
OTTAWA INDIANS ACT
Bills and resolutions
Enact (S. 1357): consideration (see H. Res. 501) [1AU]
Reports filed
Consideration of S. 1357, provisions: Committee on Rules (House)
(H. Res. 501) (H. Rept. 103-647) [1AU]
Provisions: Committee on Natural Resources (House) (S. 1357) (H.
Rept. 103-621) [25JY]
LIVINGSTON, BOB (a Representative from Louisiana)
Appointments
Conferee: H.R. 3759, making supplemental appropriations [10FE]
------H.R. 4426, foreign operations, export financing, and related
programs appropriations [28JY]
------H.R. 4650, Dept. of Defense appropriations [13SE]
Bills and resolutions introduced by
Courts: provide for the awarding of attorney's fee for prevailing
plaintiffs in Federal civil actions (see H.R. 5101, 5189)
[26SE] [5OC]
FEC: abolish ex officio positions (see H.R. 3764) [2FE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
Foreign operations, export financing, and related programs: making
appropriations (H.R. 4426) [28JY]
LLOYD, MARILYN (a Representative from Tennessee)
Appointments
Conferee: S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Dept. of Energy: authorize hydrogen and fusion research and
development programs, and nuclear and high energy physics
programs (see H.R. 4908) [5AU]
National Mammography Day: designate (see H.J. Res. 418) [28SE]
LOBBYING DISCLOSURE ACT
Appointments
Conferees: S. 349, provisions [24MR]
Bills and resolutions
Enact (S. 349): consideration of conference report (see H. Res.
550) [27SE]
Motions
Enact (S. 349): conference report [29SE]
Reports by conference committees
Provisions (S. 349) [26SE]
Reports filed
Consideration of Conference Report on S. 349, Provisions:
Committee on Rules (House) (H. Res. 550) (H. Rept. 103-755)
[27SE]
Provisions: committee of conference (S. 349) (H. Rept. 103-750)
[26SE]
LOBBYISTS
Appointments
Conferees: S. 349, Lobbying Disclosure Act [24MR]
Bills and resolutions
Contingency fees: prohibit (see H.R. 4108) [22MR]
Crime: prohibit former Members of Congress convicted of a felony
from lobbying in the legislative or executive branch of
Government (see H.R. 5174) [4OC]
Government: disclosure of activities to influence the Federal
Government (see H.R. 5085) [23SE]
------disclosure of activities to influence the Federal Government
(S. 349), consideration of conference report (see H. Res. 550)
[27SE]
[[Page 2782]]
Motions
Government: disclosure of activities to influence the Federal
Government (S. 349), conference report [29SE]
Reports by conference committees
Lobbying Disclosure Act (S. 349) [26SE]
Reports filed
Consideration of Conference Report on S. 349, Lobbying Disclosure
Act: Committee on Rules (House) (H. Res. 550) (H. Rept. 103-
755) [27SE]
Lobbying Disclosure Act: committee of conference (S. 349) (H.
Rept. 103-750) [26SE]
LOCAL GOVERNMENT
related term(s) Federal Aid Programs
Bills and resolutions
Bankruptcy: limit value of certain real and personal property
relative to exemptions under State or local laws (see H.R.
4493) [25MY]
Children and youth: provide grants to local governments and
community-based organizations for mentor programs (see H.R.
4186) [13AP]
Dept. of Education: reduce increase in grants to State and local
education agencies (see H.R. 3725) [25JA]
District of Columbia: authority to issue revenue bonds for
construction of convention center and sports arena (see H.R.
4888) [2AU]
------performance accountability in the government (see H.R. 4440)
[17MY]
------prohibit certain government service by individuals convicted
of a crime subject to a term of imprisonment of 6 months or
longer (see H.R. 5263) [7OC]
Economy: impact of Federal legislation and regulations on business
and local government (see H.R. 4006) [10MR]
Elections: eliminate prohibition on certain State and local
government employees from seeking elective office (see H.R.
3889) [23FE]
Federal-State relations: increase payments to units of general
local government for entitlement lands (S. 455), consideration
(see H. Res. 565) [4OC]
Firearms: assistance for State and local programs exchanging
merchandise vouchers for firearms (see H.R. 3771) [2FE]
Government: constitutional amendment to prohibit certain
government service by individuals convicted of a crime subject
to a term of imprisonment of 6 months or longer (see H.J. Res.
427) [7OC]
Health: demonstration projects to provide outreach services
relative to Federal, State, and local health programs benefits
(see H.R. 4929) [10AU]
------encourage community establishment of multidisciplinary team
approaches to treat children who suffer from sickle cell
disease (see H. Res. 538) [21SE]
Investments: prepayment of debentures issued by State and local
development companies (see H.R. 4298) [25AP]
Public works: private usage and contracting requirements of water
or wastewater facilities funded through tax-exempt municipal
bonds (see H.R. 3904) [24FE]
Refuse disposal: State control of municipal solid waste
transportation and disposal (see H.R. 4683, 5250) [29JN] [7OC]
------State control of municipal solid waste transportation and
disposal (H.R. 4683), consideration (see H. Res. 552) [27SE]
Roads and highways: conversion of signs to metric units (see H.R.
3766) [2FE]
Social Security: State and local taxation of benefits (see H.R.
3788) [3FE]
States: prohibit intentional creation of legislative districts
based on the race, color, national origin, or language of
voters within such districts (see H.R. 4637) [23JN]
Taxation: deductions relative to State and local income and sales
taxes (see H.R. 4233) [14AP]
Territories: self-government relative to development of articles
of incorporation with the Federal Government (see H.R. 4442)
[17MY]
Trucking industry: State regulation of motor carriers (see H.R.
5123) [28SE]
Virgin Islands: authorize legislature to create municipal
governments (see H.R. 3825) [9FE]
Water pollution: eligibility of State and local government
employees to serve on State boards that issue permits for
discharges into navigable waters (see H.R. 5150) [30SE]
Reports filed
Consideration of Conference Report on H.R. 4556, Dept. of
Transportation and Related Agencies Appropriations: Committee
on Rules (House) (H. Res. 553) (H. Rept. 103-758) [27SE]
Consideration of H.R. 4683, State Control of Municipal Solid Waste
Transportation and Disposal: Committee on Rules (House) (H.
Res. 552) (H. Rept. 103-757) [27SE]
Consideration of S. 455, Payments in Lieu of Taxes Act: Committee
on Rules (House) (H. Res. 565) (H. Rept. 103-830) [4OC]
Criminal Aliens--Federal Responsibility and State and Local
Burden: Committee on Government Operations (House) (H. Rept.
103-645) [1AU]
Payments in Lieu of Taxes Act: Committee on Natural Resources
(House) (S. 455) (H. Rept. 103-838) [5OC]
State Control of Municipal Solid Waste Transportation and
Disposal: Committee on Energy and Commerce (House) (H.R. 4683)
(H. Rept. 103-738) [22SE]
Tribal Self-Governance Act: Committee on Natural Resources (House)
(H.R. 3508) (H. Rept. 103-653) [3AU]
LONG, JILL L. (a Representative from Indiana)
Bills and resolutions introduced by
Agriculture: national objectives to keep industry competitive (see
H.R. 4675) [29JN]
Ecology and environment: regulatory differentiation between
agricultural oils and toxic oils (see H.R. 4412) [12MY]
REA: protection of rural electric borrowers (see H.R. 3790) [3FE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
LONGO, JOHN, JR.
Bills and resolutions
John Longo, Jr., Post Office, Waveland, MS: designate (see H.R.
3984) [9MR]
LORTON, VA
Bills and resolutions
Correctional institutions: transfer control of Lorton Correctional
Complex to the Bureau of Prisons (see H.R. 4293) [21AP]
LOWELL, MA
Bills and resolutions
Lowell Historic Preservation Commission: extend term (see H.R.
4448) [18MY]
Reports filed
Consideration of H.R. 4448, Lowell Historic Preservation
Commission Extension: Committee on Rules (House) (H. Res. 532)
(H. Rept. 103-730) [20SE]
Extend Term of the Lowell Historic Preservation Commission:
Committee on Natural Resources (House) (H.R. 4448) (H. Rept.
103-641) [1AU]
LOWEY, NITA M. (a Representative from New York)
Appointments
Conferee: H.R. 4426, foreign operations, export financing, and
related programs appropriations [28JY]
------H.R. 4606, Depts. of Labor, HHS, Education, and related
agencies appropriations [13SE]
Bills and resolutions introduced by
Families and domestic relations: adoption procedures (see H.R.
4920) [8AU]
Monuments and memorials: approve the location of a Thomas Paine
memorial within the District of Columbia (see H.J. Res. 420)
[30SE]
Public welfare programs: reform (see H.R. 4126) [24MR]
Taxation: adoption expenses (see H.R. 4921) [8AU]
MACHTLEY, RONALD K. (a Representative from Rhode Island)
Appointments
Conferee: S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Contracts: timely payment to subcontractors and suppliers (see
H.R. 4171) [12AP]
Defense industries: transition of industries, communities, and
workers affected by reduced defense spending (see H.R. 4240)
[18AP]
Endeavour (vessel): certificate of documentation (see H.R. 3922)
[28FE]
Housing: assistance for compliance with laws and ordinances (see
H.R. 4169) [12AP]
------termination of tenancy in public housing of individuals
involved in firearm-related criminal activity (see H.R. 4254)
[19AP]
Immigration: status of the visa waiver program (see H.R. 4707)
[30JN]
LIHEAP: full expenditure of appropriated funds (see H. Con. Res.
202) [7FE]
Public welfare programs: require any reform legislation with
employment requirements for AFDC recipients be conditional on
State unemployment rate (see H. Con. Res. 226) [17MR]
Shamrock V (vessel): certificate of documentation (see H.R. 3922)
[28FE]
Small business: authorization for programs (see H.R. 4172) [12AP]
------financial assistance and capital gains exclusion for
businesses operating in urban empowerment and enterprise zones
(see H.R. 4175) [12AP]
------loans for businesses affected by defense reductions (see
H.R. 4174) [12AP]
------microloan demonstration program (see H.R. 4173) [12AP]
Tariff: pigments (see H.R. 3910) [24FE]
Water pollution: establish a national estuary pollution prevention
demonstration program (see H.R. 4226) [14AP]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
MAJOR LEAGUE BASEBALL
Bills and resolutions
Arlington, TX: flying of aircraft over The Ballpark in Arlington
(see H.R. 4985) [18AU]
Sports: apply arbitration for strikes (see H.R. 5095) [23SE]
MALONEY, CAROLYN B. (a Representative from New York)
Appointments
Conferee: S. 1587, Federal Acquisition Streamlining Act [4AU]
Bills and resolutions introduced by
Foreign Service: spousal retirement, survivor, and health benefits
qualifications relative to Foreign Service member's benefits
disqualification due to misconduct or disloyalty (see H.R.
5223) [6OC]
Housing: establish sanctions for the filing of certain complaints
(see H.R. 4954) [12AU]
Milstar II Communications Satellite Program: terminate (see H.R.
4283) [21AP]
Social Security: conditions on States for Federal funds for foster
care and adoption assistance (see H.R. 3884) [23FE]
Urban areas: development of municipally owned vacant lots by
nonprofit community organizations (see H.R. 4143) [24MR]
World War II: disclosure of information relative to Nazi war
crimes (see H.R. 4955) [12AU]
MANHATTAN, NY
see New York, NY
MANN, DAVID (a Representative from Ohio)
Bills and resolutions introduced by
Bankruptcy: limit value of certain real and personal property
relative to exemptions under State or local laws (see H.R.
4493) [25MY]
Federal employees: record-keeping requirements of usage of motor
vehicles owned or leased by Federal agencies (see H.R. 5122)
[28SE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
MANTON, THOMAS J. (a Representative from New York)
Appointments
Conferee: H.R. 820, National Competitiveness Act [25JY]
------H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
[[Page 2783]]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
Bills and resolutions introduced by
American Victory (vessel): convey to the Battle of the Atlantic
Historical Society (see H.R. 4383) [10MY]
Capitol Police: mandatory retirement age requirements (see H.R.
4227) [14AP]
Crime: prevention and punishment of domestic and sexual violence
(see H. Res. 473) [30JN]
Firebird (vessel): certificate of documentation (see H.R. 4838)
[26JY]
Fishermen's Protective Act: amend (see H.R. 3817) [8FE]
Fishery Conservation and Management Act: reauthorizing (see H.R.
4430) [17MY]
Irish-American Heritage Month: designate (see H.J. Res. 401)
[11AU]
National Police Survivors Day: designate (see H.J. Res. 344)
[23MR]
Sewage disposal: management plans relative to alternatives to
ocean dumping (see H.R. 4447) [18MY]
Treaties and agreements: Governing International Fishery Agreement
approval (see H.R. 4852) [28JY]
MANZULLO, DONALD A. (a Representative from Illinois)
Bills and resolutions introduced by
Air pollution: reduction of work-related vehicle trips in ozone
nonattainment areas (see H.R. 4589) [16JN]
Small business: employee access to health insurance (see H.R.
4519) [26MY]
Taxation: incentives to encourage small investors (see H.R. 4792)
[19JY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
Iraq: adjudication of claims (H.R. 3221) [28AP]
MARANATHA (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 4836) [26JY]
MARGOLIES-MEZVINSKY, MARJORIE (a Representative from Pennsylvania)
Appointments
Conferee: H.R. 3474, Community Development, Credit Enhancement,
and Regulatory Improvement Act [21AP]
------S. 1587, Federal Acquisition Streamlining Act [4AU]
Bills and resolutions introduced by
Budget: submission relative to activities and aggregates within
the unified budget (see H.R. 4520) [26MY]
Hazardous substances: regulation of the burning of waste in cement
kilns (see H.R. 4984) [18AU]
Health: development and operation of women's health regional
centers to conduct research, training and education (see H.R.
5083) [22SE]
House Rules: require CBO verification of Federal balanced budget
before consideration of constitutional amendment to require
balanced budget (see H. Res. 385) [10MR]
Kulpsville, PA: authorize comprehensive transportation improvement
program (see H.R. 5224) [6OC]
Motor vehicles: provide Federal assistance for compliance with
inspection and maintenance requirements and employee trip
reduction requirements under the Clean Air Act (see H.R. 5205)
[6OC]
Old-age, survivors, and disability insurance program:
administrative expenses relative to the Federal budget (see
H.R. 4963) [12AU]
Social Security: improve information on account statements (see
H.R. 4521) [26MY]
MARINE CORPS
see Department of Defense
MARINE MAMMAL PROTECTION ACT
Bills and resolutions
Appropriations: authorizing (S. 1636), Senate amendments (see H.
Res. 412) [26AP]
Provisions: extend (see H.R. 4123) [23MR]
Reports filed
Reauthorization: Committee on Merchant Marine and Fisheries
(House) (H.R. 2760) (H. Rept. 103-439) [21MR]
MARINE MAMMALS
Bills and resolutions
Marine Mammal Protection Act: authorizing appropriations (S.
1636), Senate amendments (see H. Res. 412) [26AP]
------extend certain provisions (see H.R. 4123) [23MR]
Reports filed
Marine Mammal Protection Act Reauthorization: Committee on
Merchant Marine and Fisheries (House) (H.R. 2760) (H. Rept.
103-439) [21MR]
New Bedford Whaling National Historical Park: Committee on Natural
Resources (House) (H.R. 3898) (H. Rept. 103-643) [1AU]
MARINE RESOURCES
Bills and resolutions
Flower Garden Banks National Marine Sanctuary: modify boundaries
(see H.R. 3886) [23FE]
Reports filed
Federal Maritime Commission Appropriations: Committee on Merchant
Marine and Fisheries (H.R. 4391) (H. Rept. 103-716) [12SE]
Fishermen's Protective Act: Committee on Merchant Marine and
Fisheries (House) (H.R. 3817) (H. Rept. 103-585) [12JY]
Flower Garden Banks National Marine Sanctuary Boundary
Modification: Committee on Merchant Marine and Fisheries
(House) (H.R. 3886) (H. Rept. 103-441) [21MR]
National Undersea Research Program: Committee on Merchant Marine
and Fisheries (House) (H.R. 4236) (H. Rept. 103-850) [7OC]
Negotiate Agreements for the Use of Sand, Gravel, and Shell
Resources of the Outer Continental Shelf: Committee on Natural
Resources (House) (H.R. 3678) (H. Rept. 103-817) [3OC]
MARITIME ADMINISTRATION AND PROMOTIONAL REFORM ACT
Motions
Enact (H.R. 4003) [2AU]
Reports filed
Consideration of H.R. 4003, Provisions: Committee on Rules (House)
(H. Res. 500) (H. Rept. 103-646) [1AU]
MARITIME INDUSTRY
see Cargo Transportation
MARKEY, EDWARD J. (a Representative from Massachusetts)
Appointments
Conferee: H.R. 3474, Community Development, Credit Enhancement,
and Regulatory Improvement Act [21AP]
------S. 2000, Head Start, LIHEAP, Community Development Block
Grant Program, and Coordinated Services for Children, Youth,
and Families reauthorization [28AP]
Bills and resolutions introduced by
FCC: authorizing appropriations (see H.R. 4522) [26MY]
Nutrition: study effects of and establish standards for calcium
intake (see H.R. 4284) [21AP]
Radioactive substances: compensation of individuals who were
subjects in Government radiation experiments (see H.R. 4292)
[21AP]
SEC: supervision and regulation of financial institution
derivative product activities (see H.R. 4745) [13JY]
Securities: promote capital formation for small businesses through
exempted offerings (see H.R. 4858) [29JY]
Motions offered by
SEC: increase the number of examiners who oversee investment
advisers and financial planners (S. 423) [5OC]
MARRIAGE
see Families and Domestic Relations
MARSHALL, THURGOOD
Reports filed
Thurgood Marshall U.S. Courthouse, White Plains, NY: Committee on
Public Works and Transportation (House) (H.R. 4910) (H. Rept.
103-763) [29SE]
MARSHALL, TX
Bills and resolutions
Sam B. Hall, Jr., Federal Building and U.S. Courthouse: designate
(see H.R. 3840) [10FE]
Reports filed
Sam B. Hall, Jr., Federal Building and U.S. Courthouse: Committee
on Public Works and Transportation (House) (H.R. 3840) (H.
Rept. 103-514) [19MY]
MARTIN LUTHER KING, JR., DAY
Reports filed
Establishing as Day of National Community Service: Committee on
Post Office and Civil Service (House) (H.R. 1933) (H. Rept.
103-418) [7FE]
MARTIN LUTHER KING, JR., FEDERAL HOLIDAY COMMISSION
Reports filed
Appropriations: Committee on Post Office and Civil Service (House)
(H.R. 1933) (H. Rept. 103-418) [7FE]
MARTIN UNIVERSITY
Bills and resolutions
Federal aid programs: participation in certain education programs
(see H.R. 4342) [4MY]
MARTINEZ, MATTHEW G. (a Representative from California)
Appointments
Conferee: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------S. 2000, Head Start, LIHEAP, Community Development Block
Grant Program, and Coordinated Services for Children, Youth,
and Families reauthorization [28AP]
White House Conference on Aging Policy Committee [21JN]
Bills and resolutions introduced by
Drugs: authorizing appropriations for drug abuse education and
prevention programs (see H.R. 5079) [22SE]
Economy: community development block grant program (see H.R. 4084)
[17MR]
Education: reauthorization of Head Start Program (see H.R. 3842)
[10FE]
Federal aid programs: reauthorization of Head Start Program and
Community Development Block Grant Program (see H.R. 4250)
[19AP]
Low-Income Home Energy Assistance Act: amend to authorize
appropriations and allow States to concentrate resources on
those with the greatest need (see H.R. 4085) [17MR]
National Indian Research Institute: establish (see H.R. 4783)
[19JY]
Public works: national program to create jobs and restore
infrastructure (see H.R. 4708) [30JN]
Taxation: provide incentives for job creation and business
opportunities (see H.R. 4201) [13AP]
Motions offered by
Federal aid programs: reauthorization of Head Start, LIHEAP,
Community Development Block Grant Program, and Coordinated
Services for Children, Youth, and Families (S. 2000) [28AP]
Reports by conference committees
Head Start, LIHEAP, Community Development Block Grant Program, and
Coordinated Services for Children, Youth, and Families
Reauthorization (S. 2000) [9MY]
MARYLAND
Reports filed
Piscataway National Park Boundary Expansion: Committee on Natural
Resources (House) (S. 1703) (H. Rept. 103-682) [8AU]
MASSACHUSETTS
Reports filed
Frederick C. Murphy Federal Center: Committee on Public Works and
Transportaiton (House) (S. 1206) (H. Rept. 103-455) [24MR]
New Bedford Whaling National Historical Park: Committee on Natural
Resources (House) (H.R. 3898) (H. Rept. 103-643) [1AU]
MATHEMATICS
related term(s) Engineering; Science
Appointments
Conferees: H.R. 1804, Goals 2000--Educate America Act [23FE]
[11MR]
[[Page 2784]]
Bills and resolutions
Education: national policy to improve system (H.R. 1804),
corrections in enrollment (see H. Con. Res. 230) [23MR]
Motions
Education: national policy to improve system (H.R. 1804) [23FE]
------national policy to improve system (H.R. 1804), conference
report [23MR]
Reports by conference committees
Goals 2000--Educate America Act (H.R. 1804) [21MR]
Reports filed
Goals 2000--Educate America Act: committee of conference (H.R.
1804) (H. Rept. 103-446) [21MR]
Waiving Points of Order Against Conference Report on H.R. 1804,
Goals 2000--Educate America Act: Committee on Rules (House)
(H. Res. 393) (H. Rept. 103-447) [21MR]
MATSUI, ROBERT T. (a Representative from California)
Appointments
Advisers to U.S. delegations to international trade agreements
conferences, meetings, and negotiations [8FE]
Mexico-U.S. Interparliamentary Group [17MR]
Bills and resolutions introduced by
Public welfare programs: reform (see H.R. 4767) [14JY]
Taxation: treatment of crops destroyed by casualty (see H.R. 4144)
[24MR]
MAYER, JEAN
Bills and resolutions
Jean Mayer Human Nutrition Research Center on Aging, Boston, MA:
designate (see H.R. 4204) [13AP]
MAZZOLI, ROMANO L. (a Representative from Kentucky)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Committee for the Funeral of William H. Natcher [12AP]
Conferee: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 3841, Interstate Banking Efficiency Act [26MY]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Immigration: authorizing appropriations for refugee and entrant
assistance (see H.R. 4176) [12AP]
------change laws relative to nationality and naturalization (H.R.
783), concur with Senate amendment with an amendment (see H.
Res. 533) [20SE]
------status of the visa waiver program (see H.R. 4413) [12MY]
Natcher, William H.: tribute (see H. Res. 400) [12AP]
McCANDLESS, ALFRED A. (AL) (a Representative from California)
Appointments
Conferee: H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------H.R. 4299, intelligence services appropriations [13SE]
------S. 1587, Federal Acquisition Streamlining Act [4AU]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Crime: penalties for the illegal sale of Medals of Honor (see H.R.
5102) [26SE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
McCLOSKEY, FRANK (a Representative from Indiana)
Appointments
Conferee: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 3345, Federal Workforce Restructuring Act [11MR]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
FDIC: authorize noncompetitive, career or career-conditional
appointments for employees who are separated due to
relocation, downsizing or the termination of the RTC (see H.R.
5090) [23SE]
Federal employees: reemployment of individuals involuntarily
separated from teaching positions in foreign countries (see
H.R. 3975) [8MR]
GAO: provide for an executive director of the Personnel Appeals
Board (see H.R. 5103) [26SE]
Ireland, Republic of: inclusion in the Nonimmigrant Visa Waiver
Pilot Program (see H.R. 4145) [24MR]
Nuclear weapons: proliferation (see H.R. 4332) [3MY]
McCOLLUM, BILL (a Representative from Florida)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Conferee: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------H.R. 3841, Interstate Banking Efficiency Act [12MY]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
FDIC: protection from dilution of bank loans or other assets by
secret side agreements (see H.R. 4146) [24MR]
Immigration: continue visa waiver pilot program and create
probationary status under the program (see H.R. 5041) [13SE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
Crime: national policy to control crime and reform court
procedures (H.R. 3355), conference report [15JN] [16JN] [21JN]
[22JN] [23JN] [19JY] [20JY]
------national policy to control crime and reform court procedures
(H.R. 4092) [14AP] [19AP] [21AP]
McCRERY, JIM (a Representative from Louisiana)
Bills and resolutions introduced by
Health: national policy to provide health care and reform
insurance procedures (see H.R. 4202) [13AP]
Taxation: treatment of estates and trusts using similar rates
applicable to married individuals filing seperate returns (see
H.R. 5169) [4OC]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
McCURDY, DAVE (a Representative from Oklahoma)
Appointments
Conferee: S. 21, California Desert Protection Act [4OC]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Military bases: authorizing construction (see H.R. 4302) [26AP]
Oklahoma: Mountain Park project modification (see H.R. 4784)
[19JY]
Public welfare programs: reform (see H.R. 4414) [12MY]
Surplus Government property: distribution to nonprofit
organizations providing assistance to the hungry or indigent
(see H.R. 4392) [11MY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
McDADE, JOSEPH M. (a Representative from Pennsylvania)
Appointments
Committee for the Funeral of William H. Natcher [12AP]
Conferee: H.R. 3759, making supplemental appropriations [10FE]
------H.R. 4426, foreign operations, export financing, and related
programs appropriations [28JY]
------H.R. 4453, military construction appropriations [26JY]
------H.R. 4454, legislative branch of the Government
appropriations [28JN]
------H.R. 4539, Dept. of the Treasury, Postal Service, Executive
Office of the President, and independent agencies
appropriations [16AU]
------H.R. 4554, agriculture, rural development, FDA, and related
agencies programs appropriations [13SE]
------H.R. 4556, Dept. of Transportation and related agencies
appropriations [20SE]
------H.R. 4602, Dept. of the Interior and related agencies
appropriations [13SE]
------H.R. 4606, Depts. of Labor, HHS, Education, and related
agencies appropriations [13SE]
------H.R. 4624, Depts. of Veterans Affairs, HUD, and sundry
independent agencies appropriations [17AU]
------H.R. 4649, District of Columbia appropriations [28JY]
------H.R. 4650, Dept. of Defense appropriations [13SE]
Bills and resolutions introduced by
District of Columbia: performance accountability in the government
(see H.R. 4440) [17MY]
Motions offered by
Appropriations: making supplemental (H.R. 3759) [10FE]
Dept. of Defense: making appropriations (H.R. 4650) [13SE]
McDERMOTT, JIM (a Representative from Washington)
Bills and resolutions introduced by
Committee on Standards of Official Conduct (House): expenses for
investigations and studies (see H. Res. 332) [26JA]
Diseases: prostate cancer screening, treatment, and research
programs for medicare, veterans, and the Public Health Service
(see H.R. 4809) [21JY]
L.R. Beattie (vessel): certificate of documentation (see H.R.
4808) [20JY]
Pakistan: U.S. policy on suspected involvement with terrorism,
drug trafficking, and nuclear weapons (see H. Res. 541) [22SE]
Taxation: treatment of water conservation subsidies (see H.R.
4548) [8JN]
Tecumseh (vessel): certificate of documentation (see H.R. 4807)
[20JY]
Reports filed
Summary of Activities of the Committee on Standards of Official
Conduct During the 103d Congress: Committee on Standards of
Official Conduct (House) (H. Rept. 103-873) [20DE]
McHALE, PAUL (a Representative from Pennsylvania)
Appointments
Conferee: H.R. 820, National Competitiveness Act [19JY]
Bills and resolutions introduced by
Employment: provide access to career information on public
networks and electronic media (see H.R. 4872) [1AU]
Executive departments: provide authority to issue rulings on the
application of laws under their jurisdiction (see H.R. 4873)
[1AU]
Pollution: issuance of tax-exempt bonds for air and water
pollution control facilities (see H.R. 4880) [1AU]
Small business: modify financial disclosure requirements for
individuals applying for contract awards targeted for the
economically disadvantaged (see H.R. 4875) [1AU]
------require White House Conference on Small Business to publish
final report in the Federal Register and distribute copies to
SBA regional offices (see H.R. 4874) [1AU]
Taxation: allow employers tax credit for employee training
expenses (see H.R. 4878) [1AU]
------disregard certain capital expenditures for qualified small
issue bonds (see H.R. 4881) [1AU]
------modify certain rules of subchapter S corporations (see H.R.
4877) [1AU]
[[Page 2785]]
------restore regular investment tax credit (see H.R. 4879) [1AU]
------treatment of certain small business stock held for more than
10 years (see H.R. 4876) [1AU]
McHUGH, JOHN M. (a Representative from New York)
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
McINNIS, SCOTT (a Representative from Colorado)
Bills and resolutions introduced by
Mancos Water Conservancy District, CO: construction of
hydroelectric plant (see H.R. 4523) [26MY]
Old Spanish Trail: designate as a component of the National Trails
System (see H.R. 4524) [26MY]
Upper Yampa Water Conservancy Project: authorize the transfer of a
certain loan contract (see H.R. 4525) [26MY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
McKEON, HOWARD ``BUCK'' (a Representative from California)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Conferee: H.R. 6, education programs appropriations [20SE]
------H.R. 1804, Goals 2000--Educate America Act [23FE] [11MR]
------H.R. 2739, Airport and Airway Improvement Act appropriations
[27JY]
------S. 21, California Desert Protection Act [4OC]
Bills and resolutions introduced by
Angeles National Forest: prohibit land transfer for use as solid
waste landfill (see H.R. 4721) [12JY]
EEOC: guidelines relative to religious harassment in employment
(see H. Res. 446) [26MY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
California: designate certain desert lands as wilderness (S. 21)
[4OC]
------establish Death Valley and Joshua Tree National Parks and
Mojave National Monument (S. 21) [4OC]
McKINNEY, CYNTHIA A. (a Representative from Georgia)
Bills and resolutions introduced by
Pesticides: provide incentives for farmers to reduce their use of
pesticides (see H.R. 5270) [7OC]
McMILLAN, J. ALEX (a Representative from North Carolina)
Appointments
British-American Interparliamentary Group [5MY]
Committee for the Funeral of Dean A. Gallo [29NO]
Committee for the Funeral of Richard M. Nixon [28AP]
Conferee: H.R. 3474, Community Development, Credit Enhancement,
and Regulatory Improvement Act [21AP]
Bills and resolutions introduced by
Firearms: establish system to ensure that only legally eligible
individuals may purchase firearms including modifying driver's
license identification and format (see H.R. 5232) [6OC]
Health: national policy to provide health care and reform
insurance procedures (H.R. 3600), consideration of substitute
amendment (see H. Res. 508) [4AU]
Interstate commerce: insurance disclosures (see H.J. Res. 414)
[23SE]
Seascape (vessel): certificate of documentation (see H.R. 4090)
[17MR]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
McNULTY, MICHAEL R. (a Representative from New York)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Bills and resolutions introduced by
Commodore John Barry Day: designate (see H.J. Res. 383) [27JN]
Hudson and Mohawk Rivers National Heritage Corridor: establish
(see H.R. 4147) [24MR]
Taxation: deferred compensation plans of volunteer firefighters
and emergency medical workers (see H.R. 4655) [27JN]
Veterans: retroactive award of Navy Combat Action Ribbon for
certain Naval or Marine Corps service (see H.R. 4459) [19MY]
MEAT, POULTRY, AND EGGS INSPECTION AGENCY
Bills and resolutions
Establish (see H.R. 3751) [26JA]
MEDALS
see Awards, Medals, Prizes
MEEHAN, MARTIN T. (a Representative from Massachusetts)
Appointments
Conferee: S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Lawyers: prohibit State discrimination against lawyers on basis of
graduation from accredited and certified law schools (see H.R.
4285) [21AP]
Lowell Historic Preservation Commission: extend term (see H.R.
4448) [18MY]
National Commission on Gay and Lesbian Youth Suicide Prevention:
establish (see H.R. 4148) [24MR]
MEEK, CARRIE P. (a Representative from Florida)
Appointments
Conferee: H.R. 4453, military construction appropriations [26JY]
Bills and resolutions introduced by
Social Security: require nondiscrimination policies for State
hospitals and nursing facilities receiving funds (see H.R.
5104, 5105) [26SE]
MEMBERS OF CONGRESS
related term(s) Congress; House of Representatives; Senate; Votes in
House
Appointments
Committee for the Funeral of Dean A. Gallo [29NO]
Committee for the Funeral of Richard M. Nixon [28AP]
Committee for the Funeral of William H. Natcher [12AP]
Bills and resolutions
Committee on Standards of Official Conduct (House): investigation
of House Post Office activity relative to violations of House
Rules or embezzlement of public funds by Members of Congress
(see H. Res. 375) [2MR]
Committees of the House: designate minority membership (see H.
Res. 335) [2FE]
Congress: application of certain employment, health, and safety
laws and rights (see H.R. 4444) [18MY]
Congressional Record: require payment from House Members' official
expense account relative to matter printed in the Extensions
of Remarks (see H. Res. 573) [6OC]
Constitutional amendments: limit congressional terms and to
provide for a 4-year term for Representatives (see H.J. Res.
339) [16MR]
Elections: establish a national advisory referendum on limiting of
terms (see H.R. 3835) [9FE]
------establish a national advisory referendum on limiting of
terms (H.R. 3835), consideration (see H. Res. 408) [19AP]
Health: ensure equal coverage and benefits as private citizens
under national health care system (see H. Res. 434) [23MY]
House of Representatives: improve official mail accountability by
repealing franking privilege (see H.R. 5272) [7OC]
------official travel requirements (see H.R. 5293) [29NO]
------prohibit franked mail (see H.R. 4327) [3MY]
------public release of documents relative to the investigation of
the House Post Office (see H. Res. 450) [9JN]
------require monthly statement of costs for use of frank (see
H.R. 4406) [12MY]
House Rules: require temporary step aside of chairman or ranking
minority party member who is indicted (see H. Res. 448) [8JN]
Income: eliminate automatic pay adjustments (see H.R. 3729) [25JA]
------use of general Federal employees annuity formula (see H.R.
4200, 5167) [13AP] [4OC]
Lobbyists: prohibit former Members of Congress convicted of a
felony from lobbying in the legislative or executive branch of
Government (see H.R. 5174) [4OC]
Murphy, Representative: tribute to current and former staff
members (see H. Res. 589) [29NO]
O'Neill, Thomas P., Jr.: authorize printing of collection of
eulogies and encomiums (see H. Con. Res. 292) [21SE]
Sam B. Hall, Jr., Federal Building and U.S. Courthouse, Marshall,
TX: designate (see H.R. 3840) [10FE]
Motions
Committee on Standards of Official Conduct (House): investigation
of House Post Office activity relative to violations of House
Rules or embezzlement of public funds by Members of Congress
(H. Res. 238) [2MR]
Reports filed
Public Release of Documents Relative to the Investigation of the
House Post Office: Committee on House Administration (House)
(H. Res. 450) (H. Rept. 103-573) [30JN]
Sam B. Hall, Jr., Federal Building and U.S. Courthouse, Marshall,
TX: Committee on Public Works and Transportation (House) (H.R.
3840) (H. Rept. 103-514) [19MY]
MENENDEZ, ROBERT (a Representative from New Jersey)
Appointments
Committee for the Funeral of Dean A. Gallo [29NO]
Conferee: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
Bills and resolutions introduced by
Child support: improve collection system (see H.R. 5225) [6OC]
Cuba: condemn the sinking of ship containing refugees (see H. Con.
Res. 279) [5AU]
Health: national policy to provide health care and reform
insurance procedures (see H. Res. 493) [27JY]
Public welfare programs: creation of one-stop centers for access
to certain services (see H.R. 4964) [12AU]
MENNONITE MUTUAL AID (organization)
Bills and resolutions
Tribute (see H. Res. 478) [14JY]
MENTAL HEALTH
Bills and resolutions
Crime: prohibit the use of bounty hunters by mental health care
providers to attract patients for treatment (see H.R. 4113)
[23MR]
Health: inclusion of mental health and substance abuse benefits in
health care reform (see H.R. 4376) [10MY]
Treatment: provide extension of certain provisions for block
grants for mental health and substance abuse treatment (see
H.R. 5093, 5094) [23SE]
Veterans: sexual trauma counseling programs (S. 1030), return to
Senate (see H. Res. 487) [21JY]
MENTAL HEALTH CARE PROVIDERS BOUNTY PREVENTION ACT
Bills and resolutions
Enact (see H.R. 4113) [23MR]
MENTALLY HANDICAPPED
see Disabled
MERCHANT MARINE INDUSTRY
related term(s) Cargo Transportation; Ships and Vessels
Bills and resolutions
Appropriations: authorize for certain maritime programs (H.R.
4003), consideration (see H. Res. 500) [1AU]
Ships and vessels: revitalize U.S.-flag merchant marine (H.R.
4003), consideration (see H. Res. 500) [1AU]
------use of the International Tonnage Convention measurement
system in design and construction (see H.R. 5136) [29SE]
Motions
Appropriations: authorize for certain maritime programs (H.R.
4003) [2AU]
Ships and vessels: revitalize U.S.-flag merchant marine (H.R.
4003) [2AU]
[[Page 2786]]
Reports filed
Ballast Water Management Act: Committee on Merchant Marine and
Fisheries (House) (H.R. 3360) (H. Rept. 103-440) [21MR]
Consideration of H.R. 4003, Maritime Administration and
Promotional Reform Act: Committee on Rules (House) (H. Res.
500) (H. Rept. 103-646) [1AU]
Coverage of Federal Labor Laws on Foreign Documented Vessels:
Committee on Education and Labor (House) (H.R. 1517) (H. Rept.
103-818) [3OC]
Federal Maritime Commission Appropriations: Committee on Merchant
Marine and Fisheries (H.R. 4391) (H. Rept. 103-716) [12SE]
Maritime Programs Appropriations and Revitalization of U.S.-Flag
Merchant Marine: Committee on Ways and Means (House) (H.R.
4003) (H. Rept. 103-544) [29JY]
National Shipbuilding Initiative: Committee on Merchant Marine and
Fisheries (House) (H.R. 2547) (H. Rept. 103-420) [9FE]
METRIC SYSTEM
Bills and resolutions
Roads and highways: conversion of signs to metric units (see H.R.
3766) [2FE]
MEXICO, UNITED STATES OF
Appointments
Mexico-U.S. Interparliamentary Group [17MR]
Bills and resolutions
Water: U.S.-Mexico wastewater treatment works funding (see H.R.
4401) [12MY]
Messages
NAFTA Implementation: President Clinton [6OC]
Reports filed
U.S.-Mexico Border Health Commission Establishment: Committee on
Energy and Commerce (House) (H.R. 2305) (H. Rept. 103-710)
[19AU]
MEXICO-U.S. INTERPARLIAMENTARY GROUP
Appointments
Members [17MR]
MEYERS, JAN (a Representative from Kansas)
Appointments
Conferee: H.R. 820, National Competitiveness Act [19JY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------S. 1587, Federal Acquisition Streamlining Act [4AU]
------S. 2060, amend Small Business Act [21SE]
Bills and resolutions introduced by
Clinton, President and Hillary Rodham: House resolution of inquiry
to the President and certain executive departments relative to
the Whitewater Estates development and Madison Guaranty (see
H. Res. 360) [10FE]
Tariff: 2-(4-chloro-2-methyl phenoxy) propionic acid (see H.R.
3856) [10FE]
Taxation: treatment of health insurance costs of self-employed
individuals (see H.R. 5062) [20SE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
MFUME, KWEISI (a Representative from Maryland)
Appointments
Conferee: H.R. 3474, Community Development, Credit Enhancement,
and Regulatory Improvement Act [21AP]
U.S. Naval Academy Board of Visitors [21JN]
Bills and resolutions introduced by
SBA: modify the minority small business and capital ownership
development program (see H.R. 5271) [7OC]
Telecommunications: prevent harassment through computers or other
two-way telecommunication devices (see H.R. 5015) [21AU]
MICA, JOHN L. (a Representative from Florida)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
MICHEL, ROBERT H. (a Representative from Illinois)
Appointments
Commission on the Roles and Capabilities of the U.S. Intelligence
Community [20DE]
Committee for the Funeral of Richard M. Nixon [28AP]
National Bankruptcy Review Commission [20DE]
Bills and resolutions introduced by
Committees of the House: designate minority membership (see H.
Res. 335) [2FE]
Foley, Representative: tribute (see H. Res. 586) [29NO]
Health: national policy to provide health care and reform
insurance procedures (see H.R. 5300) [29NO]
House of Representatives: administration of oath of office to
Steve Largent (see H. Res. 585) [29NO]
------administrative oversight of House functions (see H. Res.
419) [5MY]
------public release of documents relative to the investigation of
the House Post Office (see H. Res. 450) [9JN]
Lucas, Representative: election to Committee on Agriculture and
Committee on Government Operations (see H. Res. 442) [25MY]
Nixon, Richard M.: authorize printing of eulogies and encomiums
(see H. Con. Res. 248) [11MY]
------tribute (see H. Res. 411) [25AP]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
Dept. of Defense: authorizing appropriations (H.R. 4301) [9JN]
MICHIGAN
Bills and resolutions
Native Americans: clarify Federal relationships with Little
Traverse Bay Bands of Odawa Indians and the Little River Band
of Ottawa Indians (S. 1357), consideration (see H. Res. 501)
[1AU]
Reports filed
Consideration of S. 1066, Restore Federal Services to the Pokagon
Band of Potawatomi Indians: Committee on Rules (House) (H.
Res. 502) (H. Rept. 103-648) [1AU]
Consideration of S. 1357, Little Traverse Bay Bands of Odawa
Indians and the Little River Band of Ottawa Indians Act:
Committee on Rules (House) (H. Res. 501) (H. Rept. 103-647)
[1AU]
Little Traverse Bay Bands of Odawa Indians and the Little River
Band of Ottawa Indians Act: Committee on Natural Resources
(House) (S. 1357) (H. Rept. 103-621) [25JY]
Restoration of Federal Services to the Pokagon Band of Potawatomi
Indians: Committee on Natural Resources (House) (S. 1066) (H.
Rept. 103-620) [25JY]
MIDDLE EAST
Bills and resolutions
Jerusalem: anniversary of reunification (see H. Con. Res. 225)
[17MR]
Middle East Development Initiative: establish (see H.R. 3818)
[8FE]
Persian Gulf War Veteran Recognition Day: designate (see H.J. Res.
320) [8FE]
Saudi Arabia: resolution of commercial disputes with U.S. firms
(see H.R. 4096) [21MR]
Motions
Iraq: adjudication of claims (H.R. 3221) [28AP]
Reports filed
Consideration of H.R. 3221, Adjudication of Claims Against Iraq:
Committee on Rules (House) (H. Res. 410) (H. Rept. 103-481)
[21AP]
MIDDLETOWN, NJ
Bills and resolutions
Candace White U.S. Post Office: designate (see H.R. 4177) [12AP]
MIGRANT WORKERS
see Agriculture
MILITARY ASSISTANCE
see Foreign Aid
MILLER, DAN (a Representative from Florida)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Conferee: H.R. 6, education programs appropriations [20SE]
------H.R. 1804, Goals 2000--Educate America Act [23FE] [11MR]
------S. 2000, Head Start, LIHEAP, Community Development Block
Grant Program, and Coordinated Services for Children, Youth,
and Families reauthorization [28AP]
Bills and resolutions introduced by
Budget: outlay reduction process (see H.R. 4000) [10MR]
Health: regulation of health plan premium caps and private health
care expenditure limits in geographic areas (see H.R. 3911)
[24FE]
House of Representatives: prohibit consideration of health care
legislation in violation of the Balanced Budget and Emergency
Deficit Control Act (see H. Res. 530) [13SE]
Members of Congress: limit accrual of pension benefits to 12 years
of service (see H.R. 5042) [13SE]
Silent Wings (vessel): certificate of documentation (see H.R.
4538) [26MY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
MILLER, GEORGE (a Representative from California)
Appointments
Conferee: H.R. 6, education programs appropriations [21SE]
------H.R. 322, Mineral Exploration and Development Act [17MY]
------H.R. 1804, Goals 2000--Educate America Act [23FE] [11MR]
------H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------S. 21, California Desert Protection Act [4OC]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Mexico-U.S. Interparliamentary Group [17MR]
Bills and resolutions introduced by
Committee on Natural Resources (House): expenses for
investigations and studies (see H. Res. 349) [7FE]
Confederated Tribes of the Colville Reservation: settlement of
claims relative to tribal lands used to construct the Grand
Coulee Dam (see H.R. 4757) [14JY]
Gates of the Arctic National Park and Preserve: land exchange and
vehicle restrictions (see H.R. 4746) [13JY]
Health: national policy to provide health care and reform
insurance procedures (see H.R. 3960) [3MR]
Native Americans: Federal recognition of the United Auburn Indian
Community in California (see H.R. 4228) [14AP]
Nuclear energy: licensing and regulation of nuclear facilities
(see H.R. 3920) [28FE]
Parks and recreation areas: expansion of recreation opportunities
for at-risk youth in high crime areas (see H.R. 4034) [15MR]
Police Athletic League: tribute (see H. Res. 557) [30SE]
Water: desalinization research and development (see H.R. 4944)
[11AU]
Motions offered by
California: designate certain desert lands as wilderness (H.R.
518) [27JY]
------designate certain desert lands as wilderness (S. 21) [27JY]
[4OC]
------establish Death Valley and Joshua Tree National Parks and
Mojave National Monument (H.R. 518) [27JY]
------establish Death Valley and Joshua Tree National Parks and
Mojave National Monument (S. 21) [27JY] [4OC]
Reports by conference committees
California Desert Protection Act (S. 21) [4OC]
Reports filed
Administrative Procedures for Recognition of Indian Groups:
Committee on Natural Resources (House) (H.R. 4462) (H. Rept.
103-782) [3OC]
Alaska Native Claims Settlement Act Amendments: Committee on
Natural Resources (House) (H.R. 3612) (H. Rept. 103-805) [3OC]
[[Page 2787]]
------Committee on Natural Resources (House) (H.R. 4665) (H. Rept.
103-798) [3OC]
Belle Fourche Irrigation Project Expansion: Committee on Natural
Resources (House) (H.R. 4439) (H. Rept. 103-787) [3OC]
California Desert Protection Act: committee of conference (S. 21)
(H. Rept. 103-832) [4OC]
------Committee on Natural Resources (House) (H.R. 518) (H. Rept.
103-498) [10MY]
Cape Hatteras National Seashore Recreational Area Administrative
Jurisdiction: Committee on Natural Resources (House) (H.R.
4364) (H. Rept. 103-593) [12JY]
Central Council of Tlingit and Haida Indian Tribes of Alaska
Receipt of Services From the Bureau of Indian Affairs:
Committee on Natural Resources (House) (S. 1784) (H. Rept.
103-800) [3OC]
Central Midwest Interstate Low-Level Radioactive Waste Compact:
Committee on Natural Resources (House) (H.R. 4814) (H. Rept.
103-816) [3OC]
Central Utah Water Conservancy District Implementation of Water
Conservation Programs: Committee on Natural Resources (House)
(H.R. 4615) (H. Rept. 103-791) [3OC]
Chickamauga and Chattanooga National Military Park in Georgia:
Committee on Natural Resources (House) (H.R. 3516) (H. Rept.
103-437) [18MR]
Coastal Heritage Trail Route Appropriations: Committee on Natural
Resources (House) (S. 1574) (H. Rept. 103-443) [21MR]
Colorado Land Exchange Between the Forest Service and Eagle and
Pitkin Counties: Committee on Natural Resources (House) (S.
341) (H. Rept. 103-432) [10MR]
Congressional Recognition Status of Indian Tribes and Alaska
Native Groups: Committee on Natural Resources (House) (H.R.
4180) (H. Rept. 103-781) [3OC]
Consideration Process for Additions to National Parks and
Recreation Areas: Committee on Natural Resources (House) (H.R.
4476) (H. Rept. 103-725) [19SE]
Convey Certain Shoshone Federal Reclamation Project Lands to the
Big Horn County School District: Committee on Natural
Resources (House) (H.R. 2614) (H. Rept. 103-811) [3OC]
Corinth, MS, Civil War Battlefield Interpretive Center
Appropriations: Committee on Natural Resources (House) (S.
986) (H. Rept. 103-813) [3OC]
Dayton Aviation Heritage Preservation Act Amendments: Committee on
Natural Resources (House) (H.R. 3559) (H. Rept. 103-808) [3OC]
Designate a Segment of the Payette River as a Component of the
Wild and Scenic Rivers System: Committee on Natural Resources
(House) (H.R. 233) (H. Rept. 103-804) [3OC]
Designate Certain National Forest Lands in Montana as Wilderness:
Committee on Natural Resources (House) (H.R. 2473) (H. Rept.
103-487) [28AP]
Designate Lower Salmon River Segment as a Component of the Wild
and Scenic Rivers System: Committee on Natural Resources
(House) (H.R. 4083) (H. Rept. 103-788) [3OC]
Designate the Chaco Culture Archaeological Protection Sites:
Committee on Natural Resources (House) (H.R. 1562) (H. Rept.
103-678) [8AU]
Designating Segment of Farmington River as Component of Wild and
Scenic Rivers System: Committee on Natural Resources (House)
(H.R. 2815) (H. Rept. 103-430) [10MR]
Designating Segment of Rio Grande River as Component of Wild and
Scenic Rivers System: Committee on Natural Resources (House)
(S. 375) (H. Rept. 103-431) [10MR]
Eliminate the Maximum Daily Diversion Restriction Relative to
Pumping of Water From Lake Powell, AZ: Committee on Natural
Resources (House) (H.R. 5025) (H. Rept. 103-802) [3OC]
Establish Great Falls Historic District: Committee on Natural
Resources (House) (H.R. 3498) (H. Rept. 103-472) [12AP]
Establish the Opal Creek Forest Preserve: Committee on Natural
Resources (House) (H.R. 3905) (H. Rept. 103-683) [8AU]
Establish the Wheeling National Heritage Area: Committee on
Natural Resources (House) (H.R. 2843) (H. Rept. 103-471)
[12AP]
Establishment of the American Heritage Areas Partnership Program
in the Dept. of the Interior: Committee on Natural Resources
(House) (H.R. 3707) (H. Rept. 103-570) [30JN]
Expand the Mni Wiconi Rural Water Supply Project of South Dakota:
Committee on Natural Resources (House) (H.R. 3954) (H. Rept.
103-789) [3OC]
Extend Term of the Lowell Historic Preservation Commission:
Committee on Natural Resources (House) (H.R. 4448) (H. Rept.
103-641) [1AU]
Federal Recognition of the Paskenta Band of Nomlaki Indians in
California: Committee on Natural Resources (House) (H.R. 5050)
(H. Rept. 103-801) [3OC]
Federal Recognition of the United Auburn Indian Community in
California: Committee on Natural Resources (House) (H.R. 4228)
(H. Rept. 103-619) [25JY]
Forest Service Land Transfer to the Taos Pueblo Indians of New
Mexico: Committee on Natural Resources (House) (H.R. 3204) (H.
Rept. 103-807) [3OC]
Gates of the Arctic National Park and Preserve Land Exchange and
Vehicle Restrictions: Committee on Natural Resources (House)
(H.R. 4746) (H. Rept. 103-796) [3OC]
Headwaters Forest Act: Committee on Natural Resources (House)
(H.R. 2866) (H. Rept. 103-667) [4AU]
Health Security Act: Committee on Natural Resources (House) (H.R.
3600) (H. Rept. 103-601) [6OC]
Hydropower Production Settlements with the Confederated Tribes of
the Colville Reservation: Committee on Natural Resources
(House) (H.R. 4757) (H. Rept. 103-685) [8AU]
Improve Administration of the Women's Rights National Historical
Park: Committee on Natural Resources (House) (H.R. 359) (H.
Rept. 103-814) [3OC]
Increase the Irrigable Acreage for the San Angelo, TX, Federal
Reclamation Project: Committee on Natural Resources (House)
(H.R. 1474) (H. Rept. 103-810) [3OC]
Independence National Historic Park Inclusion and Restoration of
Washington Square: Committee on Natural Resources (House)
(H.R. 4642) (H. Rept. 103-797) [3OC]
Indian Lands Open Dump Cleanup Act: Committee on Natural Resources
(House) (S. 720) (H. Rept. 103-783) [3OC]
Indian Trust Funds Management Reform: Committee on Natural
Resources (House) (H.R. 4833) (H. Rept. 103-778) [3OC]
Kenai Natives Association Correction of Land Entitlement
Inequities: Committee on Natural Resources (House) (H.R. 3613)
(H. Rept. 103-822) [3OC]
Little Traverse Bay Bands of Odawa Indians and the Little River
Band of Ottawa Indians Act: Committee on Natural Resources
(House) (S. 1357) (H. Rept. 103-621) [25JY]
Lower East Side Tenement Museum National Historic Site: Committee
on Natural Resources (House) (H.R. 4158) (H. Rept. 103-642)
[1AU]
Maintenance of Dams on Indian Lands: Committee on Natural
Resources (House) (H.R. 1426) (H. Rept. 103-600) [14JY]
Management of the Presidio, CA, Military Facility: Committee on
Natural Resources (House) (H.R. 3433) (H. Rept. 103-615)
[21JY]
Mancos Water Conservancy District, CO, Hydroelectric Plant
Construction: Committee on Natural Resources (House) (H.R.
4523) (H. Rept. 103-790) [3OC]
Mountain Park, OK, Project Modification: Committee on Natural
Resources (House) (H.R. 4784) (H. Rept. 103-803) [3OC]
National Park Service Concessions Policy Reform: Committee on
Natural Resources (House) (S. 208) (H. Rept. 103-571) [30JN]
National Park Service Entrepreneurial Management Reform Act:
Committee on Natural Resources (House) (H.R. 4533) (H. Rept.
103-793) [3OC]
Native American Land and Water Claims Technical Amendments:
Committee on Natural Resources (House) (H.R. 4709) (H. Rept.
103-704) [16AU]
------Committee on Natural Resources (House) (S. 1654) (H. Rept.
103-479) [19AP]
Negotiate Agreements for the Use of Sand, Gravel, and Shell
Resources of the Outer Continental Shelf: Committee on Natural
Resources (House) (H.R. 3678) (H. Rept. 103-817) [3OC]
New Bedford Whaling National Historical Park: Committee on Natural
Resources (House) (H.R. 3898) (H. Rept. 103-643) [1AU]
Payments in Lieu of Taxes Act: Committee on Natural Resources
(House) (S. 455) (H. Rept. 103-838) [5OC]
Pennsylvania Avenue Development Corp. Appropriations and
Development of Plan for Orderly Dissolution: Committee on
Natural Resources (House) (H.R. 5096) (H. Rept. 103-794) [3OC]
Piscataway National Park Boundary Expansion: Committee on Natural
Resources (House) (S. 1703) (H. Rept. 103-682) [8AU]
Prohibit Bureau of Mines From Refining and Selling Helium, and
Dispose of Helium Reserve: Committee on Natural Resources
(House) (H.R. 3967) (H. Rept. 103-661) [3AU]
Red Rock Canyon National Conservation Area Boundary Expansion:
Committee on Natural Resources (House) (H.R. 3050) (H. Rept.
103-679) [8AU]
Redwood Valley Water District Loan Authority: Committee on Natural
Resources (House) (H.R. 4925) (H. Rept. 103-795) [3OC]
Removal of Certain Restrictions To Permit a Land Exchange in North
Charleston, SC: Committee on Natural Resources (House) (S.
273) (H. Rept. 103-591) [12JY]
Resolution of Arizona Land Claims: Committee on Natural Resources
(House) (S. 1233) (H. Rept. 103-773) [3OC]
Restoration of Federal Services to the Pokagon Band of Potawatomi
Indians: Committee on Natural Resources (House) (S. 1066) (H.
Rept. 103-620) [25JY]
Rio Puerco Watershed Act: Committee on Natural Resources (House)
(S. 1919) (H. Rept. 103-820) [3OC]
Rocky Mountain National Park Land Protection: Committee on Natural
Resources (House) (H.R. 1716) (H. Rept. 103-592) [12JY]
Saguaro National Monument Protection Act: Committee on Natural
Resources (House) (S. 316) (H. Rept. 103-815) [3OC]
Santa Fe National Forest Boundary Expansion: Committee on Natural
Resources (House) (H.R. 3964) (H. Rept. 103-680) [8AU]
Settlement of Land Claims By Native Americans in Connecticut:
Committee on Natural Resources (House) (H.R. 4653) (H. Rept.
103-676) [5AU]
Steamtown National Historic Site Operation, Maintenance, and
Development Reform: Committee on Natural Resources (House)
(H.R. 3708) (H. Rept. 103-588) [12JY]
Targhee National Forest, ID, Exchange of National Forest System
Lands for Non-Federal Forest Lands in Wyoming: Committee on
Natural Resources (House) (H.R. 3554) (H. Rept. 103-809) [3OC]
Transfer Operating Responsibilities for the Kennedy Center for the
Performing Arts to the Board of Trustees: Committee on Natural
Resources (House) (H.R. 3567) (H. Rept. 103-453) [9MY]
Tribal Self-Governance Act: Committee on Natural Resources (House)
(H.R. 3508) (H. Rept. 103-653) [3AU]
U.S. Shipbuilding and Repair Industry: Committee on Natural
Resources (House) (H.R. 1402) (H. Rept. 103-589) [12JY]
Upper Yampa Water Conservancy Project Loan Contract Transfer:
Committee on Natural Resources (House) (H.R. 4525) (H. Rept.
103-792) [3OC]
Urban Recreation and At-Risk Youth Act: Committee on Natural
Resources (House) (H.R. 4034) (H. Rept. 103-444) [21MR]
Use of Peyote by Native Americans for Religious Purposes:
Committee on Natural Resources (House) (H.R. 4230) (H. Rept.
103-675) [5AU]
[[Page 2788]]
Walnut Canyon National Monument Boundaries: Committee on Natural
Resources (House) (H.R. 4697) (H. Rept. 103-799) [3OC]
Water Desalination Act: Committee on Natural Resources (House)
(H.R. 4944) (H. Rept. 103-821) [3OC]
Watershed-Protection Patented Land Lease Regulations in Kaysville
City, UT: Committee on Natural Resources (House) (S. 859) (H.
Rept. 103-590) [12JY]
Yakima River Basin Water Enhancement Project: Committee on Natural
Resources (House) (H.R. 1690) (H. Rept. 103-644) [1AU]
Yavapai-Prescott Indian Tribe Water Rights Settlement Act:
Committee on Natural Resources (House) (S. 1146) (H. Rept.
103-812) [3OC]
MINERAL EXPLORATION AND DEVELOPMENT ACT
Appointments
Conferees: H.R. 322, provisions [17MY] [20MY]
MINETA, NORMAN Y. (a Representative from California)
Appointments
Conferee: H.R. 965, Child Safety Protection Act [13AP]
------H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 2739, Airport and Airway Improvement Act appropriations
[26JY]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[23MY]
------S. 21, California Desert Protection Act [4OC]
------S. 1587, Federal Acquisition Streamlining Act [4AU]
------S. 1887, National Highway System Designation Act [29SE]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Airports: provide for the improvement and expansion of U.S.
airports and airways (see H.R. 4203) [13AP]
Committee on Public Works and Transportation (House): expenses for
investigations and studies (see H. Res. 350) [7FE]
Federal Water Pollution Control Act: amend (see H.R. 3948) [3MR]
House Rules: transition salary continuation for certain committee
staff (see H. Res. 588) [29NO]
National Apollo Anniversary Observance: designate (see H.J. Res.
353) [14AP]
Railroads: improve safety at grade crossings and rights-of-way
(see H.R. 4630) [22JN]
San Francisco, CA: acquisition of the Old U.S. Mint (see H.R.
4812) [21JY]
Smithsonian Institution: mint coins in commemoration of 150th
anniversary (see H.R. 4912) [5AU]
Water: conservation and development of resources, and river and
harbor improvement projects (see H.R. 4460) [19MY]
Motions offered by
National Highway System: designate (S. 1887) [29SE]
Reports by conference committees
Airport and Airway Improvement Act Appropriations (H.R. 2739)
[5AU]
Reports filed
Acquisition of the Old U.S. Mint, San Francisco, CA: Committee on
Public Works and Transportation (House) (H.R. 4812) (H. Rept.
103-634) [1AU]
Airport and Airway Improvement Act Appropriations: committee of
conference (H.R. 2739) (H. Rept. 103-677) [5AU]
Authorize Special Olympics Torch Relay on Capitol Grounds:
Committee on Public Works and Transportation (House) (H. Con.
Res. 236) (H. Rept. 103-510) [18MY]
Authorize Use of the Capitol Building and Grounds for the Greater
Washington Soap Box Derby: Committee on Public Works and
Transportation (House) (H. Con. Res. 238) (H. Rept. 103-515)
[19MY]
Brien McMahon Federal Building, Bridgeport, CT: Committee on
Public Works and Transportation (House) (H.R. 3724) (H. Rept.
103-513) [19MY]
Bruce R. Thompson U.S. Courthouse and Federal Building, Reno, NV:
Committee on Public Works and Transportation (House) (H.R.
3110) (H. Rept. 635) [1AU]
Byron White U.S. Courthouse, Denver, CO: Committee on Public Works
and Transportation (House) (H.R. 3693) (H. Rept. 103-456)
[24MR]
Calculation of Public Buildings Transactions: Committee on Public
Works and Transportation (House) (H.R. 2680) (H. Rept. 103-
547) [14JN]
Comprehensive One-Call Notification Act: Committee on Public Works
and Transportation (House) (H.R. 4394) (H. Rept. 103-765)
[30SE]
Conservation and Development of Resources, and River and Harbor
Improvement Projects: Committee on Public Works and
Transportation (House) (H.R. 4460) (H. Rept. 103-770) [30SE]
Convey Certain Hopewell Township, PA, Lands to the Beaver County
Corp. for Economic Development: Committee on Public Works and
Transportation (House) (H.R. 4704) (H. Rept. 103-768) [30SE]
Disaster Avoidance and Response Plans and Development of Relief
and Reinsurance Plans: Committee on Public Works and
Transportation (House) (H.R. 2873) (H. Rept. 103-848) [7OC]
Edward J. Schwartz Courthouse and Federal Building, San Diego, CA:
Committee on Public Works and Transportation (House) (H.R.
3770) (H. Rept. 103-457) [24MR]
Frederick C. Murphy Federal Center, Waltham, MA: Committee on
Public Works and Transportation (House) (S. 1206) (H. Rept.
103-455) [24MR]
Frederick S. Green U.S. Courthouse, Urbana, IL: Committee on
Public Works and Transportation (House) (H.R. 4938) (H. Rept.
103-764) [29SE]
General Aviation Revitalization Act: Committee on Public Works and
Transportation (House) (S. 1458) (H. Rept. 103-525) [24MY]
Matthew J. Perry, Jr., U.S. Courthouse, Columbia, SC: Committee on
Public Works and Transportation (House) (H.R. 4543) (H. Rept.
103-636) [1AU]
National Academy of Science, Space, and Technology Establishment
at State Universities: Committee on Public Works and
Transportation (House) (H.R. 1638) (H. Rept. 103-512) [19MY]
National Highway System Designation Act: Committee on Public Works
and Transportation (House) (H.R. 4385) (H. Rept. 103-519)
[19MY]
Prohibit Smoking on All Airline Flights: Committee on Public Works
and Transportation (House) (H.R. 4495) (H. Rept. 103-771)
[3OC]
Public Works and Economic Development Act Appropriations:
Committee on Public Works and Transportation (House) (H.R.
2442) (H. Rept. 103-423) [10FE]
Sam B. Hall, Jr., Federal Building and U.S. Courthouse, Marshall,
TX: Committee on Public Works and Transportation (House) (H.R.
3840) (H. Rept. 103-514) [19MY]
Streamline and Improve Cleanup Standards of CERCLA: Committee on
Public Works and Transportation (House) (H.R. 3800) (H. Rept.
103-582) [8AU]
Theodore Levin Federal Building and U.S. Courthouse, Detroit, MI:
Committee on Public Works and Transportation (House) (H.R.
4967) (H. Rept. 103-762) [29SE]
Thomas D. Lambros Federal Building: Committee on Public Works and
Transportation (House) (H.R. 4727) (H. Rept. 103-638) [1AU]
Thomas F. Eagleton U.S. Courthouse, St. Louis, MO: Committee on
Public Works and Transportation (House) (H.R. 4790) (H. Rept.
103-637) [1AU]
Thurgood Marshall U.S. Courthouse, White Plains, NY: Committee on
Public Works and Transportation (House) (H.R. 4910) (H. Rept.
103-763) [29SE]
Transferring Operating Responsibilities of the Kennedy Center for
the Performing Arts to the Board of Trustees: Committee on
Public Works and Transportation (House) (H.R. 3567) (H. Rept.
103-453) [24MR]
Walter B. Jones Federal Building and U.S. Courthouse, Greenville,
NC: Committee on Public Works and Transportation (House) (H.R.
4772) (H. Rept. 103-639) [1AU]
MINGE, DAVID (a Representative from Minnesota)
Bills and resolutions introduced by
Agriculture: temporary suspension of the farmer owned reserve
program precondition of extended price support loans for corn
(see H.R. 5154) [30SE]
House of Representatives: improve official mail accountability by
repealing franking privilege (see H.R. 5272) [7OC]
Members of Congress: constitutional amendment to limit terms and
to provide for a 4-year term for Representatives (see H.J.
Res. 339) [16MR]
Minnesota: convey the New London National Fish Hatchery production
facility (see H.R. 5190) [5OC]
Taxation: treatment of crop insurance and disaster payments and
the luxury automobile excise tax (see H.R. 4634) [23JN]
------treatment of crop insurance proceeds and disaster payments
(see H.R. 3757, 5109) [1FE] [27SE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
MINING AND MINERAL RESOURCES
Appointments
Conferees: H.R. 322, Mineral Exploration and Development Act
[17MY] [20MY]
Bills and resolutions
Austin, NV: convey certain lands to the Austin Historical Mining
District Historical Society (see H.R. 3946) [2MR]
Black Lung Benefits Act: improve (see H.R. 4415) [12MY]
Patents: disclosure of mineral patent information (see H.R. 4573)
[13JN]
West Virginia: preservation of lands and structures relative to
coal mining heritage (see H.R. 3988) [9MR]
Messages
Alaska's Mineral Resources Report: President Clinton [22FE]
Reports filed
Black Lung Benefits Act Improvements: Committee on Education and
Labor (House) (H.R. 2108) (H. Rept. 103-507) [12MY]
Consideration of H.R. 2108, Black Lung Benefits Act Improvement:
Committee on Rules (House) (H. Res. 428) (H. Rept. 103-508)
[17MY]
MINISTERS
see Religion
MINK, PATSY T. (a Representative from Hawaii)
Appointments
Conferee: H.R. 6, education programs appropriations [20SE]
------H.R. 1804, Goals 2000--Educate America Act [23FE] [11MR]
Bills and resolutions introduced by
Agriculture: emergency crop loss assistance for production losses
incurred through hurricane or typhoon damage to papaya,
banana, or other fruit-bearing trees (see H.R. 3829) [9FE]
Education: participation of proprietary institutions of higher
education in student financial aid programs (see H.R. 4468)
[20MY]
ERISA: auditing of employee benefit plans (see H.R. 5226) [6OC]
Government contracts: licensing requirements (see H.R. 4785)
[19JY]
Public welfare programs: assistance to recipients most likely to
end welfare dependence (see H.R. 4498) [25MY]
Radioactive substances: compensation eligibility requirements
relative to exposure resulting in stomach cancer (see H.R.
4107) [22MR]
SSI: provide benefits to needy children for health, child care,
and other support services (see H.R. 3737) [26JA]
MINNESOTA
Bills and resolutions
National forests: temporary recreational user fee charges at
Superior National Forest, MN (see H.R. 5273) [7OC]
New London National Fish Hatchery: convey production facility (see
H.R. 5190) [5OC]
Reports filed
Northern Great Plains Rural Development Commission: Committee on
Agriculture (House) (S. 2099) (H. Rept. 103-700) [12AU]
[[Page 2789]]
MINOR CROP PROTECTION ACT
Reports filed
Provisions: Committee on Agriculture (House) (H.R. 967) (H. Rept.
103-784) [3OC]
MINORITIES
Appointments
Conferees: S. 1569, Minority Health Improvement Act [23MY] [26SE]
Bills and resolutions
Capital punishment: use of racially based quotas to determine
sentencing (see H. Con. Res. 316) [7OC]
Commission on Civil Rights: activities (see H.R. 4999) [19AU]
Families and domestic relations: placement of children for
adoption and foster care relative to race, color, or national
origin (see H.R. 4181) [12AP]
Housing: establish sanctions for the filing of certain complaints
(see H.R. 4954) [12AU]
Public Health Service: improve health of disadvantaged individuals
(S. 1569), consideration of conference report (see H. Res.
574) [6OC]
------improve health of minorities (see H.R. 3896) [24FE]
------revise and extend programs to improve the health of
individuals of minority groups (see H.R. 3804) [3FE]
Small business: encourage small and minority-owned businesses to
participate in Federal procurement and Government contracts
(see H.R. 4263) [20AP]
Social Security: require nondiscrimination policies for State
hospitals and nursing facilities receiving funds (see H.R.
5104, 5105) [26SE]
States: prohibit intentional creation of legislative districts
based on the race, color, national origin, or language of
voters within such districts (see H.R. 4637) [23JN]
Motions
Public Health Service: improve health of disadvantaged individuals
(S. 1569) [23MY]
Reports by conference committees
Minority Health Improvement Act (S. 1569) [6OC]
Reports filed
Administrative Review of Federal Employees Discrimination Claims:
Committee on Post Office and Civil Service (House) (H.R. 2721)
[19AU]
Commission on Civil Rights Management Activities: Committee on the
Judiciary (House) (H.R. 4999) (H. Rept. 103-775) [3OC]
Consideration of Conference Report on S. 1569, Minority Health
Improvement Act: Committee on Rules (House) (H. Res. 574) (H.
Rept. 103-845) [6OC]
Employment Discrimination Claims Review: Committee on Education
and Labor (House) (H.R. 2721) (H. Rept. 103-599) [13JY]
Encourage Small and Minority-Owned Businesses To Participate in
Federal Procurement and Government Contracts: Committee on
Small Business (House) (H.R. 4263) (H. Rept. 103-608) [18JY]
Minority Health Improvement Act: committee of conference (S. 1569)
(H. Rept. 103-843) [6OC]
Problems Facing Minority and Women-Owned Small Businesses:
Committee on Government Operations (House) (H. Rept. 103-870)
[29NO]
Revise and Extend Programs to Improve the Health of Individuals of
Minority Groups: Committee on Energy and Commerce (House)
(H.R. 3869) (H. Rept. 103-501) [11MY]
MINORITY HEALTH IMPROVEMENT ACT
Appointments
Conferees: S. 1569, provisions [23MY] [26SE]
Reports by conference committees
Provisions (S. 1569) [6OC]
Reports filed
Consideration of Conference Report on S. 1569, provisions:
Committee on Rules (H. Res. 574) (H. Rept. 103-845) [6OC]
Provisions: committee of conference (S. 1569) (H. Rept. 103-843)
[6OC]
MISSING IN ACTION
Bills and resolutions
National League of Families POW/MIA: display of flag (see H.J.
Res. 369) [24MY]
National POW/MIA Recognition Day: designate (see H.J. Res. 369,
376) [24MY] [13JN]
MISSISSIPPI
Bills and resolutions
Appalachian region: designate areas (see H.R. 4726) [12JY]
Fannie Lou Hamer U.S. Post Office, Ruleville, MS: designate (see
H.R. 4452) [18MY]
Medgar Wiley Evers Post Office, Jackson, MS: designate (see H.R.
3863) [10FE]
Reports filed
Corinth, MS, Civil War Battlefield Interpretive Center
Appropriations: Committee on Natural Resources (House) (S.
986) (H. Rept. 103-813) [3OC]
MISSOURI
Bills and resolutions
Thomas F. Eagleton U.S. Courthouse, St. Louis, MO: designate (see
H.R. 4790) [19JY]
Reports filed
Kansas and Missouri Metropolitan Culture District Compact:
Committee on the Judiciary (House) (H.R. 4896) (H. Rept. 103-
774) [3OC]
Thomas F. Eagleton U.S. Courthouse, St. Louis, MO: Committee on
Public Works and Transportation (House) (H.R. 4790) (H. Rept.
103-637) [1AU]
MOAKLEY, JOHN JOSEPH (a Representative from Massachusetts)
Appointments
Conferee: H.R. 820, National Competitiveness Act [19JY]
------H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
Bills and resolutions introduced by
Coast Guard: authorizing appropriations (H.R. 4422), consideration
(see H. Res. 535) [20SE]
Committee on Rules (House): expenses for investigations and
studies (see H. Res. 338) [2FE]
Congress: waiver of sine die adjournment requirement (see H. Con.
Res. 275) [29JY]
------waiver of sine die adjournment requirement (H. Con. Res.
275), consideration (see H. Res. 495) [28JY]
Dept. of the Interior: establish an American Heritage Areas
Partnership Program (H.R. 5044), consideration (see H. Res.
562) [3OC]
Federal employees: employee training restrictions, and temporary
voluntary separation incentive (H.R. 3345), consideration (see
H. Res. 357) [9FE]
House of Representatives: application of certain laws (see H. Res.
578) [7OC]
------application of certain laws (H. Res. 578), consideration
(see H. Res. 579) [7OC]
------hour of meeting (see H. Res. 327) [25JA]
House Rules: amend relative to the application of certain laws to
the House of Representatives (see H. Res. 571) [5OC]
Jean Mayer Human Nutrition Research Center on Aging, Boston, MA:
designate (see H.R. 4204) [13AP]
Lady Helen (vessel): certificate of documentation (see H.R. 4820)
[22JY]
Legislative branch of the Government: application of certain laws
(see H.R. 4892) [3AU]
Lowell Historic Preservation Commission: extend term (H.R. 4448),
consideration (see H. Res. 532) [20SE]
Merchant marine industry: authorize appropriations for certain
maritime programs and revitalize U.S.-flag merchant marine
(H.R. 4003), consideration (see H. Res. 500) [1AU]
National Highway System: designate (H.R. 4385), consideration (see
H. Res. 440) [24MY]
Native Americans: clarify Federal relationships with Little
Traverse Bay Bands of Odawa Indians and the Little River Band
of Ottawa Indians (S. 1357), consideration (see H. Res. 501)
[1AU]
NOAA: authorizing appropriations (H.R. 4008), consideration (see
H. Res. 542) [23SE]
O'Neill, Thomas P., Jr.: authorize printing of collection of
eulogies and encomiums (see H. Con. Res. 292) [21SE]
------tribute (see H. Res. 328) [25JA]
Quinebaug and Shetucket Rivers Valley National Heritage Corridor:
establish (H.R. 1348), consideration of Senate amendment (see
H. Res. 575) [6OC]
Radioactive substances: improve and increase radon testing
products and services (H.R. 2448), consideration (see H. Res.
491) [27JY]
Refuse disposal: State control of municipal solid waste
transportation and disposal (H.R. 4683), consideration (see H.
Res. 552) [27SE]
Tobacco products: CPSC fire safety standards (see H.R. 3885)
[23FE]
Reports filed
Amend House Rules Relative to the Application of Certain Laws to
the House of Representatives: Committee on Rules (House) (H.
Res. 571) (H. Rept. 103-841) [5OC]
Baseline Budgeting, Rescissions, Spending Cuts for Deficit
Reduction, and Emergency Designation in Federal Budget
Legislation: Committee on Rules (House) (H.R. 4907) (H. Rept.
103-688) [9AU]
Budget Control Act: Committee on Rules (House) (H.R. 4604) (H.
Rept. 103-602) [14JY]
Congressional Accountability Act: Committee on Rules (House) (H.R.
4822) (H. Rept. 103-650) [2AU]
Consideration of H. Con. Res. 275, Sine Die Adjournment
Requirement Waiver: Committee on Rules (House) (H. Res. 495)
(H. Rept. 103-628) [28JY]
Consideration of H. Res. 578, Application of Certain Laws to the
House of Representatives: Committee on Rules (House) (H. Res.
579) (H. Rept. 103-851) [7OC]
Consideration of H.R. 2448, Improve and Increase Radon Testing
Products and Services: Committee on Rules (House) (H. Res.
491) (H. Rept. 103-622) [27JY]
Consideration of H.R. 3345, Employee Training Restriction
Elimination and Temporary Voluntary Separation Incentive:
Committee on Rules (House) (H. Res. 357) (H. Rept. 103-422)
[9FE]
Consideration of H.R. 4003, Maritime Administration and
Promotional Reform Act: Committee on Rules (House) (H. Res.
500) (H. Rept. 103-646) [1AU]
Consideration of H.R. 4008, NOAA Appropriations: Committee on
Rules (House) (H. Res. 542) (H. Rept. 103-742) [23SE]
Consideration of H.R. 4385, National Highway System Designation
Act: Committee on Rules (House) (H. Res. 440) (H. Rept. 103-
528) [24MY]
Consideration of H.R. 4422, Coast Guard Appropriations: Committee
on Rules (House) (H. Res. 535) (H. Rept. 103-535) [20SE]
Consideration of H.R. 4448, Lowell Historic Preservation
Commission Extension: Committee on Rules (House) (H. Res. 532)
(H. Rept. 103-730) [20SE]
Consideration of H.R. 4683, State Control of Municipal Solid Waste
Transportation and Disposal: Committee on Rules (House) (H.
Res. 552) (H. Rept. 103-757) [27SE]
Consideration of H.R. 5044, American Heritage Areas Partnership
Program Establishment: Committee on Rules (House) (H. Res.
562) (H. Rept. 103-806) [3OC]
Consideration of Senate Amendment to H.R. 1348, Quinebaug and
Shetucket Rivers Valley National Heritage Corridor Act:
Committee on Rules (House) (H. Res. 575) (H. Rept. 103-846)
[6OC]
Limit Consideration of Nonemergency Matters in Emergency
Legislation: Committee on Rules (House) (H.R. 4906) (H. Rept.
103-687) [9AU]
Waiving Points of Order Against Conference Report of H.R. 3345,
Federal Workforce Restructuring Act: Committee on Rules
(House) (H. Res. 388) (H. Rept. 103-436) [16MR]
MOLINARI, SUSAN (a Representative from New York)
Appointments
Conferee: H.R. 6, education programs appropriations [20SE]
------H.R. 1804, Goals 2000--Educate America Act [23FE] [11MR]
------S. 2000, Head Start, LIHEAP, Community Development Block
Grant Program, and Coordinated Services for Children, Youth,
and Families reauthorization [28AP]
Bills and resolutions introduced by
Gateway National Recreation Area: conversion of adjacent military
facilities to a national park (see H.R. 3976) [8MR]
[[Page 2790]]
National Incest and Sexual Abuse Healing Day: designate (see H.J.
Res. 403) [18AU]
National Women and Girls in Sports Day: designate (see H.J. Res.
385) [30JN]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
Crime: national policy to control crime and reform court
procedures (H.R. 3355), conference report [28JN] [29JN]
MOLLOHAN, ALAN B. (a Representative from West Virginia)
Appointments
Committee for the Funeral of William H. Natcher [12AP]
Conferee: H.R. 4624, Depts. of Veterans Affairs, HUD, and sundry
independent agencies appropriations [17AU]
Bills and resolutions introduced by
Depts. of Commerce, Justice, and State, the Judiciary, and related
agencies: authorizing appropriations (see H.R. 4603) [21JN]
FERC: hydroelectric license extension (see H.R. 4968) [16AU]
Reports by conference committees
Depts. of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations (H.R. 4603) [16AU]
Reports filed
Depts. of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations: Committee on Appropriations (House)
(H.R. 4603) (H. Rept. 103-552) [21JN]
------committee of conference (H.R. 4603) (H. Rept. 103-708)
[16AU]
MONEY
related term(s) Coins
Bills and resolutions
Coins: issue one dollar coin (see H.R. 5168) [4OC]
Reports filed
Money Laundering Suppression Act: Committee on Banking, Finance
and Urban Affairs (House) (H.R. 3235) (H. Rept. 103-438)
[21MR]
MONEY LAUNDERING SUPPRESSION ACT
Reports filed
Provisions: Committee on Banking, Finance and Urban Affairs
(House) (H.R. 3235) (H. Rept. 103-438) [21MR]
MONOPOLIES
related term(s) Antitrust Policy
Reports filed
Antitrust Reform Act: Committee on Energy and Commerce (House)
(H.R. 3626) (H. Rept. 103-559) [24JN]
------Committee on the Judiciary (House) (H.R. 3626) (H. Rept.
103-559) [24JN]
International Antitrust Enforcement Assistance Act: Committee on
the Judiciary (House) (H.R. 4781) (H. Rept. 103-772) [3OC]
MONTANA
Bills and resolutions
National forests: designate lands as national forests and release
certain national forest lands (H.R. 2473), consideration (see
H. Res. 423) [11MY]
Rock Creek: study proposal to designate as component of the Wild
and Scenic Rivers System (see H.R. 5107) [26SE]
Reports filed
Consideration of H.R. 2473, Designate Montana Lands as National
Forests and Release Certain National Forest Lands: Committee
on Rules (House) (H. Res. 423) (H. Rept. 103-504) [11MY]
Designate Certain National Forest Lands in Montana as Wilderness:
Committee on Agriculture (House) (H.R. 2473) (H. Rept. 103-
487) [10MY]
------Committee on Natural Resources (House) (H.R. 2473) (H. Rept.
103-487) [28AP]
MONTAUK, NY
Bills and resolutions
Public lands: transfer Light Station Montauk Point to the Montauk
Historical Society (see H.R. 4611) [21JN]
MONTENEGRO
Messages
National Emergency With Respect to the Former Yugoslavia:
President Clinton [25MY] [21JN]
MONTGOMERY, G.V. (SONNY) (a Representative from Mississippi)
Appointments
Committee for the Funeral of William H. Natcher [12AP]
Conferee: S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Committee on Veterans' Affairs (House): expenses for
investigations and studies (see H. Res. 341) [3FE]
Dept. of Veterans Affairs: reform health care policy (see H.R.
4124) [24MR]
National Guard: improve administration (see H.R. 4255) [19AP]
National Guard Bureau: grant charter (see H.R. 4149, 4255) [24MR]
[19AP]
National Korean War Veterans Armistice Day: designate (see H.J.
Res. 332) [9MR]
National POW/MIA Recognition Day: designate (see H.J. Res. 376)
[13JN]
National Wartime Nurses Recognition Day: designate (see H.J. Res.
375) [13JN]
Persian Gulf Conflict: compensation for veterans and increased
research relative to illnesses attributed to service during
conflict (see H.R. 4386) [11MY]
Religion: constitutional amendment on free exercise (see H.J. Res.
407) [12SE]
Servicemen's Readjustment Act: commemorate 50th anniversary (see
H.J. Res. 378) [17JN]
Tariff: textile manufacturing machinery (see H.R. 4098) [21MR]
Veterans: clarify disabled classification for employment and
training purposes (see H.R. 4572) [13JN]
------education programs (see H.R. 4768) [14JY]
------employment programs (see H.R. 4776) [18JY]
------extend eligibility for burial in national cemeteries to
certain veterans of reserve components (H.R. 821), Senate
amendments (see H. Res. 406) [18AP]
------provision of a display case for the flag furnished with
respect to deceased veterans (see H.R. 4286) [21AP]
------revise and improve benefits programs (see H.R. 5244) [7OC]
Veterans Employment Day: designate (see H.J. Res. 377) [16JN]
Veterans Health Administration: staffing levels relative to
veterans health care services and health care reform (see H.R.
3808) [8FE]
VFW: amend charter (see H.R. 5191) [5OC]
Whitten, Representative: authorize printing of tribute statements
(see H. Con. Res. 314) [7OC]
Motions offered by
Veterans: compensation rate for veterans with service-connected
disabilities and survivors' dependency and indemnity
compensation (S. 1927) [8AU]
Reports filed
Claude Harris, Jr., Veterans' Medical Center Building, Tuscaloosa,
AL: Committee on Veterans' Affairs (House) (H.R. 4948) (H.
Rept. 103-823) [3OC]
Compensation for Persian Gulf Conflict Veterans and Increased
Research Relative to Illnesses Attributed to Service During
Conflict: Committee on Veterans' Affairs (House) (H.R. 4386)
(H. Rept. 103-669) [4AU]
Compensation Rate for Veterans With Service-Connected Disabilities
and Survivors' Dependency and Indemnity Compensation:
Committee on Veterans' Affairs (House) (H.R. 4088) (H. Rept.
103-668) [4AU]
Construction of Dept. of Veterans Affairs Medical Facilities:
Committee on Veterans Affairs (House) (H.R. 4425) (H. Rept.
103-518) [20MY]
Construction of Facility at the Hines Veterans Hospital, Hines,
IL: Committee on Veterans' Affairs (House) (H.R. 1617) (H.
Rept. 103-476) [14AP]
Establish a Dept. of Veterans Affairs Women's Bureau: Committee on
Veterans' Affairs (House) (H.R. 3013) (H. Rept. 103-538) [9JN]
Health Security Act: Committee on Veterans' Affairs (House) (H.R.
3600) (H. Rept. 103-601) [2AU]
Staffing Guidelines for the Veterans Health Administration and
Establishment of Health Care Delivery Programs: Committee on
Veterans' Affairs (House) (H.R. 4013) (H. Rept. 103-477)
[14AP]
Veterans' Education and Training Act: Committee on Veterans'
Affairs (House) (H.R. 4768) (H. Rept. 103-631) [28JY]
Veterans' Employment Act: Committee on Veterans' Affairs (House)
(H.R. 4776) (H. Rept. 103-630) [28JY]
Veterans Housing Programs: Committee on Veterans' Affairs (House)
(H.R. 4724) (H. Rept. 103-629) [28JY]
MONUMENTS AND MEMORIALS
Appointments
Conferees: S. 21, California Desert Protection Act [4OC]
Bills and resolutions
California: establish Death Valley and Joshua Tree National Parks
and Mojave National Monument (S. 21), consideration of the
conference report (see H. Res. 568) [5OC]
------establish Death Valley and Joshua Tree National Parks and
Mojave National Monument (S. 21), technical corrections in
enrollment (see H. Con. Res. 313) [6OC]
Capitol Building and Grounds: provide for the placement of a
statue honoring African-American recipients of the
Congressional Medal of Honor (see H. Con. Res. 207) [10FE]
District of Columbia: authorizing the Davy Crockett Memorial
Foundation (see H.R. 4339) [4MY]
Walnut Canyon National Monument: boundaries (see H.R. 4697) [30JN]
Motions
California: establish Death Valley and Joshua Tree National Parks
and Mojave National Monument (H.R. 518) [27JY]
------establish Death Valley and Joshua Tree National Parks and
Mojave National Monument (S. 21) [27JY] [4OC]
Reports by conference committees
California Desert Protection Act (S. 21) [4OC]
Reports filed
California Desert Protection Act: committee of conference (S. 21)
(H. Rept. 103-832) [4OC]
------Committee on Natural Resources (House) (H.R. 518) (H. Rept.
103-498) [10MY]
Consideration of Conference Report on S. 21, California Desert
Protection Act: Committee on Rules (H. Res. 568) (H. Rept.
103-839) [5OC]
Consideration of H.R. 518, California Desert Protection Act:
Committee on Rules (House) (H. Res. 422) (H. Rept. 103-503)
[11MY]
Saguaro National Monument Protection Act: Committee on Natural
Resources (House) (S. 316) (H. Rept. 103-815) [3OC]
Walnut Canyon National Monument Boundaries: Committee on Natural
Resources (House) (H.R. 4697) (H. Rept. 103-799) [3OC]
MOORHEAD, CARLOS J. (a Representative from California)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Conferee: H.R. 820, National Competitiveness Act [25JY]
------H.R. 965, Child Safety Protection Act [13AP]
------H.R. 1804, Goals 2000--Educate America Act [11MR]
------H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 2659, bone marrow and organ transplant programs [13AP]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------H.R. 4950, Jobs Through Trade Expansion Act [4OC]
------S. 636, Freedom of Access to Clinic Entrances Act [17MR]
------S. 1284, Developmental Disabilities Assistance and Bill of
Rights Act [16MR]
[[Page 2791]]
------S. 1485, Satellite Carrier Compulsory License Extension Act
[16AU]
------S. 1569, Minority Health Improvement Act [23MY]
------S. 2000, Head Start, LIHEAP, Community Development Block
Grant Program, and Coordinated Services for Children, Youth,
and Families reauthorization [28AP]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
MORAN, JAMES P. (a Representative from Virginia)
Appointments
Conferee: H.R. 4454, legislative branch of the Government
appropriations [28JN]
Bills and resolutions introduced by
Correctional institutions: transfer control of Lorton Correctional
Complex to the Bureau of Prisons (see H.R. 4293) [21AP]
District of Columbia: capital improvements for Washington aqueduct
(see H.R. 4007) [10MR]
Health: coverage of reproductive health services for women in any
national health care plan (see H. Con. Res. 229) [22MR]
------ensure preservation of group health insurance packages and
prevent discriminatory practices in health care reform
legislation (see H. Con. Res. 256) [16JN]
------establish a fund to strengthen State and local government
public health programs (see H.R. 4841) [27JY]
National Buy Recycled Materials and Products Month: designate (see
H.J. Res. 350) [12AP]
Taxation: allow claims for refunds where the statute of
limitations is open for the assessment of a deficiency (see
H.R. 4747) [13JY]
------capital gains (see H.R. 4099) [21MR]
------mileage rate deduction for charitable use of passenger
automobiles (see H.R. 4748) [13JY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
MORELLA, CONSTANCE A. (a Representative from Maryland)
Appointments
Conferee: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 2739, Airport and Airway Improvement Act appropriations
[26JY]
------H.R. 3345, Federal Workforce Restructuring Act [11MR]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
White House Conference on Aging Policy Committee [21JN]
Bills and resolutions introduced by
Guatemala: U.S. policy relative to peace process and human rights
protection (see H. Con. Res. 212) [24FE]
International Conference on Population and Development: U.S. role
(see H. Con. Res. 234) [24MR]
MOTOR VEHICLE SAFETY ACT
Messages
Highway Safety Act and the Motor Vehicle Safety Act: President
Clinton [3OC]
MOTOR VEHICLES
related term(s) Recreational Vehicles
Appointments
Conferees: S. 1887, National Highway System Designation Act [29SE]
Bills and resolutions
Air pollution: repeal certain Clean Air Act stratospheric ozone
protection provisions (see H.R. 5216) [6OC]
Clean Air Act: area redesignation and motor vehicle inspection and
maintenance programs (see H.R. 5304) [29NO]
------selective inspection and maintenance programs as part of
State implementation plans (see H. Con. Res. 309) [6OC]
Fair Trade in Auto Parts Act: extend authorities (see H.R. 3749)
[26JA]
Federal employees: record-keeping requirements of usage of motor
vehicles owned or leased by Federal agencies (see H.R. 5122)
[28SE]
Gates of the Arctic National Park and Preserve: land exchange and
vehicle restrictions (see H.R. 4746, 4754) [13JY]
Insurance: regulation of rental car business policies on liability
imposition and collision damage waivers (see H.R. 3741) [26JA]
National Highway System: designate (H.R. 4385), consideration (see
H. Res. 440) [24MY]
Railroads: improve safety at grade crossings and rights-of-way
(see H.R. 4630) [22JN]
Roads and highways: length and weight limitations for vehicles on
Federal-aid highways (see H.R. 4496) [25MY]
Safety: bumper standards (see H.R. 4280) [21AP]
Taxation: gas guzzler tax exemption for automobiles lengthened by
certain small manufacturers (see H.R. 3791) [3FE]
------mileage rate deduction for charitable use of passenger
automobiles (see H.R. 4748) [13JY]
------tax credit for purchase of child restraint systems for motor
vehicles (see H.R. 5068) [21SE]
------treatment of crop insurance and disaster payments and the
luxury automobile excise tax (see H.R. 4634) [23JN]
Transportation: establish a National Transportation System (see
H.R. 4305) [28AP]
Trucking industry: State regulation of motor carriers (see H.R.
5123) [28SE]
Messages
Highway Safety Act and the Motor Vehicle Safety Act: President
Clinton [3OC]
Motions
National Highway System: designate (S. 1887) [29SE]
Reports filed
Consideration of H.R. 4385, National Highway System Designation
Act: Committee on Rules (House) (H. Res. 440) (H. Rept. 103-
528) [24MY]
Gates of the Arctic National Park and Preserve Land Exchange and
Vehicle Restrictions: Committee on Natural Resources (House)
(H.R. 4746) (H. Rept. 103-796) [3OC]
National Highway System Designation Act: Committee on Public Works
and Transportation (House) (H.R. 4385) (H. Rept. 103-519)
[19MY]
MULTIPLE SCLEROSIS ASSOCIATION OF AMERICA MONTH
Bills and resolutions
Designate (see H.J. Res. 381) [21JN]
MUNICIPALITIES
see Urban Areas
MURPHY, AUSTIN J. (a Representative from Pennsylvania)
Appointments
British-American Interparliamentary Group [5MY]
Conferee: H.R. 322, Mineral Exploration and Development Act [20MY]
------S. 1587, Federal Acquisition Streamlining Act [4AU]
Bills and resolutions introduced by
Armed Forces: procedures for determining status of certain missing
members (see H.R. 5043) [13SE]
Black Lung Benefits Act: improve (see H.R. 4415) [12MY]
Federal employees: procedures for handling of work injury
compensation claims (see H.R. 4825) [25JY]
Labor: application of overtime exemptions for inside sales
personnel (see H.R. 4150) [24MR]
Murphy, Representative: tribute to current and former staff
members (see H. Res. 589) [29NO]
National Health Information Management Week: designate (see H.J.
Res. 421) [30SE]
MURPHY, FREDERICK C.
Reports filed
Frederick C. Murphy Federal Center, Waltham, MA: Committee on
Public Works and Transportation (House) (S. 1206) (H. Rept.
103-455) [24MR]
MURTHA, JOHN P. (a Representative from Pennsylvania)
Appointments
Committee for the Funeral of William H. Natcher [12AP]
Conferee: H.R. 3759, making supplemental appropriations [10FE]
------H.R. 4454, legislative branch of the Government
appropriations [28JN]
------H.R. 4602, Dept. of the Interior and related agencies
appropriations [13SE]
------H.R. 4650, Dept. of Defense appropriations [13SE]
Bills and resolutions introduced by
Dept. of Defense: making appropriations (see H.R. 4650) [27JN]
------provide for improved treatment of future actuarial gains and
losses to the Military Retirement Fund (see H.R. 5117) [28SE]
Motions offered by
Dept. of Defense: making appropriations (H.R. 4650) [13SE]
Reports filed
Dept. of Defense Appropriations: committee of conference (H.R.
4650) (H. Rept. 103-747) [26SE]
------Committee on Appropriations (House) (H.R. 4650) (H. Rept.
103-562) [27JN]
MUSEUMS
Bills and resolutions
Smithsonian Institution: context and portrayal of the Armed Forces
in the National Air and Space Museum Enola Gay exhibit (see H.
Res. 531) [19SE]
Sphinx (U.S.S.): convey to the Rio Grande Military Museum, Port
Isabel, TX (see H.R. 3887) [23FE]
Reports filed
Lower East Side Tenement Museum National Historic Site: Committee
on Natural Resources (House) (H.R. 4158) (H. Rept. 103-642)
[1AU]
MUSIC AND DANCE
related term(s) Arts and Humanities
Bills and resolutions
National Tap Dance Day: designate (see H.J. Res. 370) [25MY]
Messages
National Endowment for the Humanities Report: President Clinton
[18MY]
MUTUAL FUNDS
see Securities
MYERS, JOHN T. (a Representative from Indiana)
Appointments
Committee for the Funeral of Dean A. Gallo [29NO]
Committee for the Funeral of Richard M. Nixon [28AP]
Conferee: H.R. 820, National Competitiveness Act [19JY]
------H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 3345, Federal Workforce Restructuring Act [11MR]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------H.R. 3759, making supplemental appropriations [10FE]
------H.R. 4554, agriculture, rural development, FDA, and related
agencies programs appropriations [13SE]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Time for the National Observance of the Fiftieth Anniversary of
World War II: designate (see H.J. Res. 315) [2FE]
Motions offered by
Appropriations: making supplemental (H.R. 3759) [3FE]
Dept. of the Interior and related agencies: making appropriations
(H.R. 4602) [23JN] [27SE]
Dept. of the Treasury, Postal Service, Executive Office of the
President, and independent agencies: making appropriations
(H.R. 4539) [15JN]
Energy and water development: making appropriations (H.R. 4506),
conference report [1AU]
NADLER, JERROLD (a Representative from New York)
Appointments
Conferee: H.R. 3355, Violent Crime Control and Law Enforcement Act
[23MY]
Bills and resolutions introduced by
AIDS Cure Project: establish (see H.R. 4370) [10MY]
[[Page 2792]]
Civil rights: guidelines relative to religious accommodation in
employment (see H.R. 5233) [6OC]
Crime: require that State laws relating to certain assaults be
enforced without regard to the age of the victim (see H.R.
4526) [26MY]
Families and domestic relations: guarantee minimum child support
benefits and reform enforcement system (see H.R. 4494) [25MY]
Grant's Tomb National Memorial: designate and restore (see H.R.
4393) [11MY]
Health: inclusion of breast and cervical cancer screenings and
gynecological services in a national health care plan (see H.
Con. Res. 217) [8MR]
------national policy to provide health care and reform insurance
procedures (see H.R. 4856) [28JY]
Patents: compulsory licensing for certain products which have not
been commercially licensed or used (see H.R. 4151) [24MR]
NARCOTICS
see Drugs
NATCHER, WILLIAM H. (a Representative from Kentucky)
Appointments
Conferee: H.R. 3759, making supplemental appropriations [10FE]
Bills and resolutions introduced by
Appropriations: making supplemental (see H.R. 3759) [2FE]
California: disaster assistance for earthquake (see H.R. 3735)
[26JA]
Reports filed
Making Supplemental Appropriations: committee of conference (H.R.
3759) (H. Rept. 103-424) [11FE]
------Committee on Appropriations (House) (H.R. 3759) [1FE]
NATIONAL ACADEMY OF SCIENCE, SPACE, AND TECHNOLOGY
Reports filed
Establishment at State Universities: Committee on Public Works and
Transportation (House) (H.R. 1638) (H. Rept. 103-512) [19MY]
NATIONAL ACADEMY OF SCIENCES
Bills and resolutions
Food industry: coordinate recommendations for improvements of meat
and poultry inspection programs (see H.R. 4562) [9JN]
NATIONAL ACADEMY OF SPACE
Bills and resolutions
Establish (see H.R. 4621) [21JN]
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Bills and resolutions
Awards, medals, prizes: tribute to military branch astronauts who
performed missions to the Moon (see H. Con. Res. 312) [6OC]
Messages
Achievements in Aeronautics and Space: President Clinton [10MY]
Reports filed
NASA Appropriations: Committee on Science, Space, and Technology
(House) (H.R. 4489) (H. Rept. 103-654) [3AU]
NATIONAL AMERICAN LACEMAKER MONTH
Bills and resolutions
Designate (see H.J. Res. 352) [13AP]
NATIONAL BANKRUPTCY REVIEW COMMISSION
Appointments
Members [29NO] [20DE]
NATIONAL BLACK HISTORY MONTH
Bills and resolutions
Designate (see H.J. Res. 313) [1FE]
NATIONAL CAPITAL PLANNING COMMISSION
Bills and resolutions
District of Columbia: confirm and enforce limitations on the
height of buildings and roof structures (see H.R. 4243) [18AP]
NATIONAL COMMISSION TO SUPPORT LAW ENFORCEMENT
Appointments
Members [20DE]
NATIONAL COMMUNITY RESIDENTIAL CARE MONTH
Bills and resolutions
Designate (see H.J. Res. 330, 331) [3MR] [8MR]
NATIONAL COMPETITIVENESS ACT
Appointments
Conferees: H.R. 820, provisions [19JY] [25JY]
Motions
Enact (H.R. 820) [19JY] [27SE] [28SE]
NATIONAL DECORATIVE PAINTING MONTH
Bills and resolutions
Designate (see H.J. Res. 338) [16MR]
NATIONAL EDUCATION GOALS PANEL
Appointments
Members [13JN]
NATIONAL ENDOWMENT FOR THE HUMANITIES
Messages
Report: President Clinton [18MY]
NATIONAL FORESTS
Bills and resolutions
California: declare state of emergency on Federal lands due to
wildfires (see H.R. 4742) [13JY]
------health and productivity of National Forest System lands and
the use of ecosystem management practices (see H.R. 4068)
[17MR]
Chelan County, WA: exchange lands with the Wenatachee National
Forest (see H.R. 4993) [18AU]
Forest Service: distribution of timber sales receipts to counties
in Texas (see H.R. 5235) [6OC]
Forests: forest health improvement programs on Federal lands
through the use of land stewardship contracts (see H.R. 5007)
[20AU]
Montana: designate lands as national forests and release certain
national forest lands (H.R. 2473), consideration (see H. Res.
423) [11MY]
Opal Creek Forest Preserve: establish (see H.R. 3905, 5236) [24FE]
[6OC]
Six Rivers National Forest: protection and management of Redwood
forest areas and addition of certain lands and waters (H.R.
2866), consideration (see H. Res. 536) [20SE]
Superior National Forest, MN: temporary recreational user fee
charges (see H.R. 5273) [7OC]
Texas: convey certain lands in the Sam Houston National Forest to
current occupant (see H.R. 5198) [5OC]
Reports filed
Colorado Land Exchange Between the Forest Service and Eagle and
Pitkin Counties: Committee on Natural Resources (House) (S.
341) (H. Rept. 103-432) [10MR]
Consideration of H.R. 2473, Designate Montana Lands as National
Forests and Release Certain National Forest Lands: Committee
on Rules (House) (H. Res. 423) (H. Rept. 103-504) [11MY]
Consideration of H.R. 2866, Protection and Management of Redwood
Forest Areas and Addition of Certain Lands and Waters:
Committee on Rules (House) (H. Res. 536) (H. Rept. 103-732)
[20SE]
Designate Certain National Forest Lands in Montana as Wilderness:
Committee on Agriculture (House) (H.R. 2473) (H. Rept. 103-
487) [10MY]
------Committee on Natural Resources (House) (H.R. 2473) (H. Rept.
103-487) [28AP]
Establish the Opal Creek Forest Preserve: Committee on Agriculture
(House) (H.R. 3905) (H. Rept. 103-683) [8AU]
------Committee on Natural Resources (House) (H.R. 3905) (H. Rept.
103-683) [8AU]
Headwaters Forest Act: Committee on Natural Resources (House)
(H.R. 2866) (H. Rept. 103-667) [4AU]
Santa Fe National Forest Boundary Expansion: Committee on Natural
Resources (House) (H.R. 3964) (H. Rept. 103-680) [8AU]
NATIONAL FOSTER CARE MONTH
Bills and resolutions
Designate (see H.J. Res. 306) [25JA]
NATIONAL GANG VIOLENCE PREVENTION WEEK
Bills and resolutions
Designate (see H.J. Res. 391) [20JY]
NATIONAL GUARD
Bills and resolutions
Administration: improve (see H.R. 4255) [19AP]
National Guard Bureau: grant charter (see H.R. 4149, 4255) [24MR]
[19AP]
NATIONAL HIGHWAY SYSTEM DESIGNATION ACT
Appointments
Conferees: S. 1887, provisions [29SE]
Bills and resolutions
Enact (H.R. 4385): consideration (see H. Res. 440) [24MY]
Motions
Enact (S. 1887) [29SE]
Reports filed
Consideration of H.R. 4385, Provisions: Committee on Rules (House)
(H. Res. 440) (H. Rept. 103-528) [24MY]
Provisions: Committee on Public Works and Transportation (House)
(H.R. 4385) (H. Rept. 103-519) [19MY]
NATIONAL HISPANIC BUSINESS WEEK
Bills and resolutions
Designate (see H.J. Res. 397) [2AU]
NATIONAL HISTORIC SITES
see Historic Sites
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
Appointments
Conferees: H.R. 820, National Competitiveness Act [19JY] [25JY]
Motions
Dept. of Commerce: authorizing appropriations for the Technology
Administration and the National Institute of Standards and
Technology (H.R. 820) [19JY] [27SE] [28SE]
NATIONAL INSTITUTES OF HEALTH
Bills and resolutions
Health: establish a center for rare disease research (see H.R.
5173) [4OC]
NATIONAL KOREAN WAR VETERANS ARMISTICE DAY
Bills and resolutions
Designate (see H.J. Res. 332) [9MR]
NATIONAL LEAGUE OF FAMILIES POW/MIA
Bills and resolutions
Flags: display (see H.J. Res. 369) [24MY]
NATIONAL MONUMENTS
see Monuments and Memorials
NATIONAL NEIGHBOR DAY
Bills and resolutions
Designate (see H.J. Res. 354) [14AP]
NATIONAL NEIGHBORHOOD CRIME WATCH DAY
Bills and resolutions
Designate (see H.J. Res. 374) [9JN]
NATIONAL OBJECTIVES
related term(s) Domestic policy
Appointments
Conferees: H.R. 1804, Goals 2000--Educate America Act [23FE]
[11MR]
------H.R. 2884, School-to-Work Opportunities Act [16MR]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY] [23MY] [22JN] [19AU]
Bills and resolutions
Crime: national policy to control crime and reform court
procedures (H.R. 3355), consideration of conference report
(see H. Res. 517, 522, 526) [10AU] [16AU] [21AU]
------national policy to control crime and reform court procedures
(H.R. 4092), consideration (see H. Res. 401) [12AP]
Dept. of Defense: limitations on development and costs for the
Seawolf submarine program (see H.R. 4100) [21MR]
Disasters: establish national policy (see H. Con. Res. 267) [19JY]
Education: improve quality of school libraries, media centers, and
facilities (see H.R. 4316) [28AP]
------national policy to improve system (H.R. 1804), corrections
in enrollment (see H. Con. Res. 230) [23MR]
Families and domestic relations: strengthen and preserve families
and develop parental education programs (see H.R. 4187) [13AP]
[[Page 2793]]
Foreign trade: administration of export controls (see H.R. 3937)
[2MR]
Government: reduce power and reach of Federal Government (see H.R.
4585) [16JN]
Health: access to long-term care services (see H.R. 4632) [22JN]
------choice of medical treatment methods (see H.R. 4696) [30JN]
------demonstration projects to provide outreach services relative
to Federal, State, and local health programs benefits (see
H.R. 4929) [10AU]
------ensure equal coverage of children under family class
enrollment plans in health care reform (see H.R. 4829) [26JY]
------ensure preservation of group health insurance packages and
prevent discriminatory practices in health care reform
legislation (see H. Con. Res. 256) [16JN]
------evaluation of impact of national policy to provide health
care and reform insurance procedures (see H.R. 4463) [19MY]
------inclusion of mental health and substance abuse benefits in
health care reform (see H.R. 4376) [10MY]
------national policy to provide health care and reform insurance
procedures (see H.R. 4816, 4856, 5119, 5300) [22JY] [28JY]
[28SE] [29NO]
------national policy to provide health care and reform insurance
procedures (H.R. 3600), consideration of substitute amendment
(see H. Res. 508) [4AU]
------quality safeguards for consumers of health care insurance,
products and services (see H.R. 4960) [12AU]
------referendum on national health care reform (see H. Con. Res.
310) [6OC]
Immigration: strengthen border security and stabilize immigration
(see H.R. 4885) [2AU]
Insurance: promote health insurance portability and coverage of
existing health conditions (see H.R. 5302) [29NO]
Members of Congress: ensure equal coverage and benefits as private
citizens under national health care system (see H. Res. 434)
[23MY]
Taxation: appropriate part of income tax revenues toward crime
control (see H.R. 4592) [16JN]
Urban areas: establish Geno Baroni Commission on Neighborhoods and
provide for White House Conference on Neighborhoods (see H.R.
4580) [14JN]
Messages
Economic Report of the President: President Clinton [23FE]
Motions
Crime: national policy to control crime and reform court
procedures (H.R. 3355) [21AP]
------national policy to control crime and reform court procedures
(H.R. 3355), conference report [15JN] [16JN] [21JN] [22JN]
[23JN] [28JN] [29JN] [12JY] [19JY] [20JY] [21JY] [25JY] [26JY]
------national policy to control crime and reform court procedures
(H.R. 4092) [14AP] [19AP] [21AP]
Education: national policy to improve system (H.R. 1804) [23FE]
------national policy to improve system (H.R. 1804), conference
report [23MR]
Reports by conference committees
Goals 2000--Educate America Act (H.R. 1804) [21MR]
School-to-Work Opportunities Act (H.R. 2884) [19AP]
Violent Crime Control and Law Enforcement Act (H.R. 3355) [10AU]
[21AU]
Reports filed
Consideration of Conference Report on H.R. 3355, Violent Crime
Control and Law Enforcement Act: Committee on Rules (House)
(H. Res. 517) (H. Rept. 103-697) [10AU]
------Committee on Rules (House) (H. Res. 522) (H. Rept. 103-707)
[16AU]
------Committee on Rules (House) (H. Res. 526) (H. Rept. 103-713)
[21AU]
Consideration of H.R. 4092, National Policy To Control Crime and
Reform Court Procedures: Committee on Rules (House) (H. Res.
395) (H. Rept. 103-449) [22MR]
------Committee on Rules (House) (H. Res. 401) (H. Rept. 103-474)
[12AP]
Export Administration Act: Committee on Armed Services (House)
(H.R. 3937) (H. Rept. 103-531) [17JN]
------Committee on Foreign Affairs (House) (H.R. 3937) (H. Rept.
103-531) [25MY]
------Committee on Intelligence (House, Select) (H.R. 3937) (H.
Rept. 103-531) [16JN]
------Committee on Ways and Means (House) (H.R. 3937) (H. Rept.
103-531) [17JN]
Goals 2000--Educate America Act: committee of conference (H.R.
1804) (H. Rept. 103-446) [21MR]
Health Security Act: Committee on Armed Services (House) (H.R.
3600) (H. Rept. 103-601) [28JY]
------Committee on Education and Labor (House) (H.R. 3600) (H.
Rept. 103-601) [22JY]
------Committee on Government Operations (House) (H.R. 3600) (H.
Rept. 103-601) [12AU]
------Committee on Natural Resources (House) (H.R. 3600) (H. Rept.
103-601) [6OC]
------Committee on Post Office and Civil Service (House) (H.R.
3600) (H. Rept. 103-601) [7OC]
------Committee on Veterans' Affairs (House) (H.R. 3600) (H. Rept.
103-601) [2AU]
------Committee on Ways and Means (House) (H.R. 3600) (H. Rept.
103-601) [14JY]
National Policy To Provide Health Care and Reform Insurance
Procedures: Committee on Education and Labor (House) (H.R.
3960) (H. Rept. 103-618) [22JY]
School-to-Work Opportunities Act: committee of conference (H.R.
2884) (H. Rept. 103-480) [19AP]
Violent Crime Control and Law Enforcement Act: committee of
conference (H.R. 3355) (H. Rept. 103-694) [10AU]
------committee of conference (H.R. 3355) (H. Rept. 103-711)
[21AU]
Waiving Points of Order Against Conference Report on H.R. 1804,
Goals 2000--Educate America Act: Committee on Rules (House)
(H. Res. 393) (H. Rept. 103-447) [21MR]
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
related term(s) Department of Commerce
Reports filed
Appropriations: Committee on Science, Space, and Technology
(House) (H.R. 4008) (H. Rept. 103-583) [29JY]
Consideration of H.R. 4008, NOAA Appropriations: Committee on
Rules (House) (H. Res. 542) (H. Rept. 103-742) [23SE]
National Undersea Research Program: Committee on Merchant Marine
and Fisheries (House) (H.R. 4236) (H. Rept. 103-850) [7OC]
NATIONAL PARK SERVICE ENTREPRENEURIAL MANAGEMENT REFORM ACT
Reports filed
Provisions: Committee on Natural Resources (House) (H.R. 4533) (H.
Rept. 103-793) [3OC]
NATIONAL PARKINSON'S DISEASE AWARENESS WEEK
Bills and resolutions
Designate (see H.J. Res. 359) [20AP]
NATIONAL PARKS AND RECREATION AREAS
related term(s) Parks and Recreation Areas
Appointments
Conferees: S. 21, California Desert Protection Act [4OC]
Bills and resolutions
Appalachian Coal Heritage Area: establish (see H.R. 4692) [30JN]
California: establish Death Valley and Joshua Tree National Parks
and Mojave National Monument (S. 21), consideration of the
conference report (see H. Res. 568) [5OC]
------establish Death Valley and Joshua Tree National Parks and
Mojave National Monument (S. 21), technical corrections in
enrollment (see H. Con. Res. 313) [6OC]
------management of the Presidio military facility (see H.R. 5231)
[6OC]
------management of the Presidio military facility (H.R. 3433),
consideration (see H. Res. 516) [10AU]
------management of the Presidio military facility (H.R. 5231),
consideration (see H. Res. 576) [6OC]
Chelan County, WA: exchange lands with the Wenatachee National
Forest (see H.R. 4993) [18AU]
Dept. of Transportation: transfer administrative jurisdiction of
certain lands to the Cape Hatteras National Seashore
Recreational Area (see H.R. 4364) [5MY]
Gates of the Arctic National Park and Preserve: land exchange and
vehicle restrictions (see H.R. 4746, 4754) [13JY]
Gilpin County, CO: Federal land acquisition (see H.R. 5016) [21AU]
Hudson and Mohawk Rivers National Heritage Corridor: establish
(see H.R. 4147) [24MR]
Independence National Historic Park: inclusion and restoration of
Washington Square (see H.R. 4642) [23JN]
Lowell Historic Preservation Commission: extend term (see H.R.
4448) [18MY]
National Park Service: consideration of Native American businesses
for concessions contracts (see H.R. 4389) [11MY]
------reform entrepreneurial management (see H.R. 4533) [26MY]
New York: exchange of land in the Fire Island National Seashore
for land in Patchogue, NY (see H.R. 5268) [7OC]
Saltville Heritage Area: establish (see H.R. 4691) [30JN]
Six Rivers National Forest: protection and management of Redwood
forest areas and addition of certain lands and waters (H.R.
2866), consideration (see H. Res. 536) [20SE]
Stones River National Battlefield: expand boundaries (see H.R.
4266) [20AP]
Vancouver National Heritage Area: establish (see H.R. 4607) [21JN]
Motions
California: establish Death Valley and Joshua Tree National Parks
and Mojave National Monument (H.R. 518) [27JY]
------establish Death Valley and Joshua Tree National Parks and
Mojave National Monument (S. 21) [27JY] [4OC]
Reports by conference committees
California Desert Protection Act (S. 21) [4OC]
Reports filed
California Desert Protection Act: Committee on Natural Resources
(House) (H.R. 518) (H. Rept. 103-498) [10MY]
Cape Hatteras National Seashore Recreational Area Administrative
Jurisdiction: Committee on Natural Resources (House) (H.R.
4364) (H. Rept. 103-593) [12JY]
Chickamauga and Chattanooga National Military Park in Georgia:
Committee on Natural Resources (H.R. 3516) (H. Rept. 103-437)
[18MR]
Consideration of Conference Report on S. 21, California Desert
Protection Act: Committee on Rules (H. Res. 568) (H. Rept.
103-839) [5OC]
Consideration of H.R. 518, California Desert Protection Act:
Committee on Rules (House) (H. Res. 422) (H. Rept. 103-503)
[11MY]
Consideration of H.R. 2866, Protection and Management of Redwood
Forest Areas and Addition of Certain Lands and Waters:
Committee on Rules (House) (H. Res. 536) (H. Rept. 103-732)
[20SE]
Consideration of H.R. 3433, Management of the Presidio Military
Facility: Committee on Rules (House) (H. Res. 516) (H. Rept.
103-696) [10AU]
Consideration of H.R. 4448, Lowell Historic Preservation
Commission Extension: Committee on Rules (House) (H. Res. 532)
(H. Rept. 103-730) [20SE]
Consideration of H.R. 5231, Management of the Presidio, CA,
Military Facility: Committee on Rules (House) (H. Res. 576)
(H. Rept. 103-847) [6OC]
Consideration of S. 208, National Park Service Concessions Policy
Reform: Committee on Rules (House) (H. Res. 492) (H. Rept.
103-623) [27JY]
Consideration Process for Additions to National Parks and
Recreation Areas: Committee on Natural Resources (House) (H.R.
4476) (H. Rept. 103-725) [19SE]
[[Page 2794]]
Establish the Wheeling National Heritage Area: Committee on
Natural Resources (House) (H.R. 2843) (H. Rept. 103-471)
[12AP]
Extend Term of the Lowell Historic Preservation Commission:
Committee on Natural Resources (House) (H.R. 4448) (H. Rept.
103-641) [1AU]
Gates of the Arctic National Park and Preserve Land Exchange and
Vehicle Restrictions: Committee on Natural Resources (House)
(H.R. 4746) (H. Rept. 103-796) [3OC]
Headwaters Forest Act: Committee on Natural Resources (House)
(H.R. 2866) (H. Rept. 103-667) [4AU]
Improve Administration of the Women's Rights National Historical
Park: Committee on Natural Resources (House) (H.R. 359) (H.
Rept. 103-814) [3OC]
Independence National Historic Park Inclusion and Restoration of
Washington Square: Committee on Natural Resources (House)
(H.R. 4642) (H. Rept. 103-797) [3OC]
Management of the Presidio, CA, Military Facility: Committee on
Natural Resources (House) (H.R. 3433) (H. Rept. 103-615)
[21JY]
------Committee on Ways and Means (House) (H.R. 3433) (H. Rept.
103-615) [9AU]
Mount Pleasant National Scenic Area Designation: Committee on
Agriculture (House) (H.R. 2942) (H. Rept. 103-686) [8AU]
Mountain Park, OK, Project Modification: Committee on Natural
Resources (House) (H.R. 4784) (H. Rept. 103-803) [3OC]
National Park Service Concessions Policy Reform: Committee on
Natural Resources (House) (S. 208) (H. Rept. 103-571) [30JN]
National Park Service Entrepreneurial Management Reform Act:
Committee on Natural Resources (House) (H.R. 4533) (H. Rept.
103-793) [3OC]
New Bedford Whaling National Historical Park: Committee on Natural
Resources (House) (H.R. 3898) (H. Rept. 103-643) [1AU]
Piscataway National Park Boundary Expansion: Committee on Natural
Resources (House) (S. 1703) (H. Rept. 103-682) [8AU]
Red Rock Canyon National Conservation Area Boundary Expansion:
Committee on Natural Resources (House) (H.R. 3050) (H. Rept.
103-679) [8AU]
Rocky Mountain National Park Land Protection: Committee on Natural
Resources (House) (H.R. 1716) (H. Rept. 103-592) [12JY]
Steamtown National Historic Site Operation, Maintenance, and
Development Reform: Committee on Natural Resources (House)
(H.R. 3708) (H. Rept. 103-588) [12JY]
NATIONAL POW/MIA RECOGNITION DAY
Bills and resolutions
Designate (see H.J. Res. 369, 376) [24MY] [13JN]
NATIONAL RAILROAD PASSENGER CORP.
see Amtrak
NATIONAL RED RIBBON WEEK FOR A DRUG-FREE AMERICA
Bills and resolutions
Designate (see H.J. Res. 409) [13SE]
NATIONAL SAVINGS MONTH
Bills and resolutions
Designate (see H. Res. 371, 403) [24FE] [12AP]
NATIONAL SCHOOL LUNCH ACT
Reports filed
Extension of Certain Nutrition and School Lunch Programs:
Committee on Agriculture (House) (H.R. 8) (H. Rept. 103-535)
[24JN]
------Committee on Education and Labor (House) (H.R. 8) (H. Rept.
103-535) [8JN]
NATIONAL SCIENCE BOARD
Messages
National Science Board--Science and Engineering Indicators:
President Clinton [9FE]
NATIONAL SCIENCE FOUNDATION
Reports filed
NSF Appropriations: Committee on Rules (House) (H.R. 3254) (H.
Rept. 103-485) [28AP]
------Committee on Science, Space, and Technology (House) (H.R.
3254) (H. Rept. 103-475) [13AP]
NATIONAL SEASHORES
Bills and resolutions
New York: exchange of land in the Fire Island National Seashore
for land in Patchogue, NY (see H.R. 5268) [7OC]
NATIONAL SECURITY
related term(s) Department of Defense; Strategic Materials
Appointments
Conferees: S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions
Defense Base Closure and Realignment Commission: extend deadline
for the submission of nominations (see H.R. 5292) [29NO]
Dept. of Defense: authorizing appropriations (H.R. 4301),
consideration (see H. Res. 431) [20MY]
------making appropriations (see H.R. 4650) [27JN]
------making appropriations (H.R. 4650), consideration (see H.
Res. 469) [29JN]
Executive Office of the President: consolidate administration of
defense conversion activities (see H.R. 4638) [23JN]
Foreign trade: administration of export controls (see H.R. 3937)
[2MR]
------export control regime to stem proliferation of military and
strategic products and technology to countries that may
jeopardize international or U.S. national security (see H.
Res. 549) [27SE]
Intelligence services: identification of construction projects in
budget submissions and authorization of such projects (see
H.R. 4940) [11AU]
Pakistan: U.S. policy on suspected involvement with terrorism,
drug trafficking, and nuclear weapons (see H. Res. 541) [22SE]
Panama Canal Commission: reconstitute as an independent Government
corporation (see H.R. 5221) [6OC]
Russia: pursuit of negotiations to reduce the number of deployed
strategic nuclear warheads (see H. Con. Res. 306) [4OC]
Messages
Chemical and Biological Weapons: President Clinton [23MY]
Cooperation on the Uses of Atomic Energy for Mutual Defense
Purposes Between the U.S. and the United Kingdom: President
Clinton [23MY]
Export Control Regulations: President Clinton [12JY]
International Emergency Economic Powers Act: President Clinton
[30SE]
National Emergency With Respect to Libya: President Clinton [19JY]
National Security Strategy: President Clinton [21JY]
Nuclear Non-Proliferation Act: President Clinton [17MY]
Motions
Dept. of Defense: authorizing appropriations (H.R. 4301) [24MY]
[9JN]
------making appropriations (H.R. 4650) [13SE]
National defense: authorizing appropriations for Dept. of Defense
and Dept. of Energy defense activities (S. 2182) [25JY]
Reports by conference committees
Dept. of Defense and Dept. of Energy Defense Activities
Appropriations (S. 2182) [12AU]
Dept. of Defense Appropriations (H.R. 4650) [26SE]
Reports filed
Consideration of Conference Report on H.R. 4650, Dept. of Defense
Appropriations: Committee on Rules (House) (H. Res. 554) (H.
Rept. 103-759) [28SE]
Consideration of Conference Report on S. 2182, Dept. of Defense
and Dept. of Energy Defense Activities Appropriations:
Committee on Rules (House) (H. Res. 521) (H. Rept. 103-705)
[16AU]
Consideration of H.R. 3937, Export Administration Act: Committee
on Rules (House) (H. Res. 474) (H. Rept. 103-596) [12JY]
Consideration of H.R. 4301, Dept. of Defense Appropriations:
Committee on Rules (House) (H. Res. 429) (H. Rept. 103-509)
[17MY]
------Committee on Rules (House) (H. Res. 431) (H. Rept. 103-520)
[20MY]
Consideration of H.R. 4650, Dept. of Defense Appropriations:
Committee on Rules (House) (H. Res. 469) (H. Rept. 103-568)
[29JN]
Dept. of Defense and Dept. of Energy Defense Activities
Appropriations: committee of conference (S. 2182) [12AU]
Dept. of Defense Appropriations: committee of conference (H.R.
4650) (H. Rept. 103-747) [26SE]
------Committee on Appropriations (House) (H.R. 4650) (H. Rept.
103-562) [27JN]
------Committee on Armed Services (House) (H.R. 4301) (H. Rept.
103-499) [10MY]
Export Administration Act: Committee on Armed Services (House)
(H.R. 3937) (H. Rept. 103-531) [17JN]
------Committee on Foreign Affairs (House) (H.R. 3937) (H. Rept.
103-531) [25MY]
------Committee on Intelligence (House, Select) (H.R. 3937) (H.
Rept. 103-531) [16JN]
------Committee on Ways and Means (House) (H.R. 3937) (H. Rept.
103-531) [17JN]
NATIONAL SEWING MONTH
Bills and resolutions
Designate (see H.J. Res. 337) [15MR]
NATIONAL SKILL STANDARDS BOARD
Appointments
Members [20DE]
NATIONAL TAP DANCE DAY
Bills and resolutions
Designate (see H.J. Res. 370) [25MY]
NATIONAL TRAILS
see Trails
NATIONAL TRANSPORTATION SAFETY BOARD
Bills and resolutions
Appropriations: authorizing (H.R. 2440), concur to Senate
amendment with an amendment (see H. Res. 558) [3OC]
NATIONAL U.S. SEAFOOD WEEK
Bills and resolutions
Designate (see H.J. Res. 387) [12JY]
NATIONAL URBAN AIR TOXICS RESEARCH CENTER
Appointments
Board of Directors [22JY]
NATIONAL WARTIME NURSES RECOGNITION DAY
Bills and resolutions
Designate (see H.J. Res. 375) [13JN]
NATIONAL WOMEN'S BUSINESS COUNCIL
Appointments
Members [25JA]
NATIVE AMERICAN HERITAGE DAY
Bills and resolutions
Designate (see H.J. Res. 404) [18AU]
NATIVE AMERICANS
Bills and resolutions
Alaska Native Claims Settlement Act: repurchase plan of native
corporation stock (see H.R. 4665) [28JN]
Coeur d'Alene Basin Management Conference: convene (see H.R. 4962)
[12AU]
Coeur d'Alene Basin Restoration Corp.: establish (see H.R. 4961)
[12AU]
Connecticut: settlement of land claims (see H.R. 4653) [27JN]
Gates of the Arctic National Park and Preserve: land exchange and
vehicle restrictions (see H.R. 4746, 4754) [13JY]
Government: clarify Federal relationships with Little Traverse Bay
Bands of Odawa Indians and the Little River Band of Ottawa
Indians (S. 1357), consideration (see H. Res. 501) [1AU]
Housing: improve programs for public and Indian housing (see H.R.
3888) [23FE]
Montana: ratification of a compact between the Assiniboine and
Sioux Indian Tribes of the Fort Peck Reservation, MT (see H.R.
5098) [23SE]
National Indian Research Institute: establish (see H.R. 4783)
[19JY]
National Park Service: consideration of Native American businesses
for concessions contracts (see H.R. 4389) [11MY]
Native American Heritage Day: designate (see H.J. Res. 404) [18AU]
Oregon: declare public domain lands to be held in trust for the
Confederated Tribes of Siletz Indians (see H.R. 4119) [23MR]
Public lands: management of Federal lands in a manner that
protects religious practices (see H.R. 4155) [24MR]
[[Page 2795]]
San Carlos Apache Tribe Water Rights Settlement Act: extend
deadline for completing certain actions (see H.R. 4870) [1AU]
Social life and customs: preserve the traditional lifeways in
certain Alaska Native villages (see H. Con. Res. 266) [14JY]
Taxation: treatment of income and transactions relative to land
claims and Federal trust relationship with the Catawba Tribe
of South Carolina (see H.R. 4895) [3AU]
Reports filed
Administrative Procedures for Recognition of Indian Groups:
Committee on Natural Resources (House) (H.R. 4462) (H. Rept.
103-782) [3OC]
Alaska Native Claims Settlement Act Amendments: Committee on
Natural Resources (House) (H.R. 3612) (H. Rept. 103-805) [3OC]
------Committee on Natural Resources (House) (H.R. 4665) (H. Rept.
103-798) [3OC]
Aleutian and Pribilof Restitution Act Appropriations: Committee on
the Judiciary (House) (S. 1457) (H. Rept. 103-833) [4OC]
Central Council of Tlingit and Haida Indian Tribes of Alaska
Receipt of Services From the Bureau of Indian Affairs:
Committee on Natural Resources (House) (S. 1784) (H. Rept.
103-800) [3OC]
Congressional Recognition Status of Indian Tribes and Alaska
Native Groups: Committee on Natural Resources (House) (H.R.
4180) (H. Rept. 103-781) [3OC]
Consideration of S. 1066, Restore Federal Services to the Pokagon
Band of Potawatomi Indians: Committee on Rules (House) (H.
Res. 502) (H. Rept. 103-648) [1AU]
Consideration of S. 1357, Little Traverse Bay Bands of Odawa
Indians and the Little River Band of Ottawa Indians Act:
Committee on Rules (House) (H. Res. 501) (H. Rept. 103-647)
[1AU]
Federal Recognition of the Paskenta Band of Nomlaki Indians in
California: Committee on Natural Resources (House) (H.R. 5050)
(H. Rept. 103-801) [3OC]
Federal Recognition of the United Auburn Indian Community in
California: Committee on Natural Resources (House) (H.R. 4228)
(H. Rept. 103-619) [25JY]
Forest Service Land Transfer to the Taos Pueblo Indians of New
Mexico: Committee on Natural Resources (House) (H.R. 3204) (H.
Rept. 103-807) [3OC]
Gates of the Arctic National Park and Preserve Land Exchange and
Vehicle Restrictions: Committee on Natural Resources (House)
(H.R. 4746) (H. Rept. 103-796) [3OC]
Hydropower Production Settlements with the Confederated Tribes of
the Colville Reservation: Committee on Natural Resources
(House) (H.R. 4757) (H. Rept. 103-685) [8AU]
Indian Lands Open Dump Cleanup Act: Committee on Natural Resources
(House) (S. 720) (H. Rept. 103-783) [3OC]
Indian Trust Funds Management Reform: Committee on Natural
Resources (House) (H.R. 4833) (H. Rept. 103-778) [3OC]
Kenai Natives Association Correction of Land Entitlement
Inequities: Committee on Natural Resources (House) (H.R. 3613)
(H. Rept. 103-822) [3OC]
Little Traverse Bay Bands of Odawa Indians and the Little River
Band of Ottawa Indians Act: Committee on Natural Resources
(House) (S. 1357) (H. Rept. 103-621) [25JY]
Maintenance of Dams on Indian Lands: Committee on Natural
Resources (House) (H.R. 1426) (H. Rept. 103-600) [14JY]
Native American Land and Water Claims Technical Amendments:
Committee on Natural Resources (House) (S. 1654) (H. Rept.
103-479) [19AP]
Resolution of Arizona Land Claims: Committee on Natural Resources
(House) (S. 1233) (H. Rept. 103-773) [3OC]
------Committee on the Judiciary (House) (S. 1233) (H. Rept. 103-
773) [3OC]
Restoration of Federal Services to the Pokagon Band of Potawatomi
Indians: Committee on Natural Resources (House) (S. 1066) (H.
Rept. 103-620) [25JY]
Settlement of Land Claims By Native Americans in Connecticut:
Committee on Natural Resources (House) (H.R. 4653) (H. Rept.
103-676) [5AU]
Technical Amendments to Legislation Relative to Land and Water
Claims of Native Americans: Committee on Natural Resources
(House) (H.R. 4709) (H. Rept. 103-704) [16AU]
Tribal Self-Governance Act: Committee on Natural Resources (House)
(H.R. 3508) (H. Rept. 103-653) [3AU]
Use of Peyote by Native Americans for Religious Purposes:
Committee on Natural Resources (House) (H.R. 4230) (H. Rept.
103-675) [5AU]
Yavapai-Prescott Indian Tribe Water Rights Settlement Act:
Committee on Natural Resources (House) (S. 1146) (H. Rept.
103-812) [3OC]
NATO COUNTRIES
see North Atlantic Treaty Organization
NATURAL GAS
related term(s) Power Resources
Bills and resolutions
Pipelines: mandatory one-call system to protect underground
facilities from damage by any excavation (see H.R. 5248) [7OC]
Power resources: management of the strategic petroleum reserve
(see H.R. 4750, 4752) [13JY]
Taxation: treatment of tar sands relative to production of fuels
from nonconventional sources and minimum tax preference for
intangible drilling costs (see H.R. 4532) [26MY]
Reports filed
Comprehensive One-Call Notification Act: Committee on Energy and
Commerce (House) (H.R. 4394) (H. Rept. 103-765) [29SE]
------Committee on Public Works and Transportation (House) (H.R.
4394) (H. Rept. 103-765) [30SE]
Management of the Strategic Petroleum Reserve: Committee on Energy
and Commerce (House) (H.R. 4752) (H. Rept. 103-663) [3AU]
Remove Certain Power Facility Size Limitations to Encourage the
Production of Renewable Resource Energy: Committee on Energy
and Commerce (House) (H.R. 4866) (H. Rept. 103-684) [8AU]
NATURAL RESOURCES
Appointments
Conferees: H.R. 322, Mineral Exploration and Development Act
[17MY] [20MY]
Bills and resolutions
Archaeology: provide for the study of certain prehistoric
resources (see H.R. 4871) [1AU]
Forests: forest health improvement programs on Federal lands
through the use of land stewardship contracts (see H.R. 5007)
[20AU]
Patents: disclosure of mineral patent information (see H.R. 4573)
[13JN]
Power resources: management of the strategic petroleum reserve
(see H.R. 4750, 4752) [13JY]
Territories: self-government relative to development of articles
of incorporation with the Federal Government (see H.R. 4442)
[17MY]
Upper Yampa Water Conservancy Project: authorize the transfer of a
certain loan contract (see H.R. 4525) [26MY]
Water: conservation and development of resources, and river and
harbor improvement projects (see H.R. 4886) [2AU]
West Virginia: preservation of lands and structures relative to
coal mining heritage (see H.R. 3988) [9MR]
Messages
Alaska's Mineral Resources Report: President Clinton [22FE]
Reports filed
Belle Fourche Irrigation Project Expansion: Committee on Natural
Resources (House) (H.R. 4439) (H. Rept. 103-787) [3OC]
Conservation and Development of Resources, and River and Harbor
Improvement Projects: Committee on Public Works and
Transportation (House) (H.R. 4460) (H. Rept. 103-770) [30SE]
Fish, Wildlife, and Natural Resources Management on Military
Installations: Committee on Merchant Marine and Fisheries
(House) (H.R. 3300) (H. Rept. 103-718) [12SE]
Management of the Strategic Petroleum Reserve: Committee on Energy
and Commerce (House) (H.R. 4752) (H. Rept. 103-663) [3AU]
Targhee National Forest, ID, Exchange of National Forest System
Lands for Non-Federal Forest Lands in Wyoming: Committee on
Natural Resources (House) (H.R. 3554) (H. Rept. 103-809) [3OC]
Upper Yampa Water Conservancy Project Loan Contract Transfer:
Committee on Natural Resources (House) (H.R. 4525) (H. Rept.
103-792) [3OC]
Water Desalination Act: Committee on Natural Resources (House)
(H.R. 4944) (H. Rept. 103-821) [3OC]
NAVY
see Department of Defense
NEAL, RICHARD E. (a Representative from Massachusetts)
Bills and resolutions introduced by
Ireland, Northern: peace efforts (see H. Res. 561) [3OC]
NEAL, STEPHEN L. (a Representative from North Carolina)
Appointments
Conferee: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 2739, Airport and Airway Improvement Act appropriations
[26JY]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------H.R. 3841, Interstate Banking Efficiency Act [12MY]
------S. 1587, Federal Acquisition Streamlining Act [4AU]
Bills and resolutions introduced by
Financial institutions: encourage competitive and innovative
services for consumers, business, and governments (see H.R.
4956) [12AU]
------interstate banking and branching (see H.R. 3841) [10FE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
NEBRASKA
Reports filed
Northern Great Plains Rural Development Commission: Committee on
Agriculture (House) (S. 2099) (H. Rept. 103-700) [12AU]
NEIGHBORHOODS
see Urban Areas
NEVADA
Bills and resolutions
Old Spanish Trail: designate as a component of the National Trails
System (see H.R. 4524) [26MY]
Reports filed
Red Rock Canyon National Conservation Area Boundary Expansion:
Committee on Natural Resources (House) (H.R. 3050) (H. Rept.
103-679) [8AU]
NEW BEDFORD, MA
Reports filed
New Bedford Whaling National Historical Park: Committee on Natural
Resources (House) (H.R. 3898) (H. Rept. 103-643) [1AU]
NEW JERSEY
Messages
Great Egg Harbor River Report: President Clinton [3FE]
Maurice and Manumuskin River and Menantico Creek Report: President
Clinton [3FE]
Reports filed
Coastal Heritage Trail Route Appropriations: Committee on Natural
Resources (House) (S. 1574) (H. Rept. 103-443) [21MR]
Establish Great Falls Historic District: Committee on Natural
Resources (House) (H.R. 3498) (H. Rept. 103-472) [12AP]
NEW MEXICO
Bills and resolutions
Old Spanish Trail: designate as a component of the National Trails
System (see H.R. 4524) [26MY]
Reports filed
Designate the Chaco Culture Archaeological Protection Sites:
Committee on Natural Resources (House) (H.R. 1562) (H. Rept.
103-678) [8AU]
[[Page 2796]]
Designating Segment of Rio Grande River as Component of Wild and
Scenic Rivers System: Committee on Natural Resources (House)
(S. 375) (H. Rept. 103-431) [10MR]
Forest Service Land Transfer to the Taos Pueblo Indians of New
Mexico: Committee on Natural Resources (House) (H.R. 3204) (H.
Rept. 103-807) [3OC]
Rio Puerco Watershed Act: Committee on Natural Resources (House)
(S. 1919) (H. Rept. 103-820) [3OC]
Santa Fe National Forest Boundary Expansion: Committee on Natural
Resources (House) (H.R. 3964) (H. Rept. 103-680) [8AU]
NEW YORK (State)
Bills and resolutions
Hudson and Mohawk Rivers National Heritage Corridor: establish
(see H.R. 4147) [24MR]
Montauk, NY: transfer Light Station Montauk Point to the Montauk
Historical Society (see H.R. 4611) [21JN]
Public lands: exchange of land in the Fire Island National
Seashore for land in Patchogue, NY (see H.R. 5268) [7OC]
Reports filed
Improve Administration of the Women's Rights National Historical
Park: Committee on Natural Resources (House) (H.R. 359) (H.
Rept. 103-814) [3OC]
NEW YORK, NY
Bills and resolutions
Crime: condemn attack on Hasidic students (see H. Con. Res. 244)
[4MY]
Reports filed
Lower East Side Tenement Museum National Historic Site: Committee
on Natural Resources (House) (H.R. 4158) (H. Rept. 103-642)
[1AU]
NEWS MEDIA
Bills and resolutions
Courts: photographing, recording and broadcasting of proceedings
(see H.R. 5307) [29NO]
NIXON, RICHARD M. (37th President of the United States)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Messages
Death of Richard M. Nixon--37th President of the U.S.: President
Clinton [25AP]
NOISE POLLUTION
related term(s) Pollution
Bills and resolutions
Arlington, TX: flying of aircraft over The Ballpark in Arlington
(see H.R. 4985) [18AU]
NONPROFIT ORGANIZATIONS
see Charities
related term(s) Tax-Exempt Organizations
Bills and resolutions
Surplus Government property: distribution to nonprofit
organizations providing assistance to the hungry or indigent
(see H.R. 4392) [11MY]
NORTH AMERICAN BORDER STATIONS IMPROVEMENTS ACT
Bills and resolutions
Enact (see H.R. 4885) [2AU]
NORTH ATLANTIC ASSEMBLY
Appointments
Members [25MY]
NORTH ATLANTIC TREATY ORGANIZATION
Bills and resolutions
Dept. of Defense: allied burden sharing for maintenance and
operation of military personnel and installations in foreign
countries (see H.R. 5129) [29SE]
Europe: assist transition of certain countries to NATO membership
(see H.R. 4210) [14AP]
U.S. policy (see H.R. 4358) [5MY]
Messages
Peace and Security in Bosnia and Herzegovina: President Clinton
[23AU]
NORTH CAROLINA
Bills and resolutions
Dept. of Transportation: transfer administrative jurisdiction of
certain lands to the Cape Hatteras National Seashore
Recreational Area (see H.R. 4364) [5MY]
Reports filed
Cape Hatteras National Seashore Recreational Area Administrative
Jurisdiction: Committee on Natural Resources (House) (H.R.
4364) (H. Rept. 103-593) [12JY]
NORTH CHARLESTON, SC
Reports filed
Removal of Certain Restrictions To Permit a Land Exchange in North
Charleston, SC: Committee on Natural Resources (House) (S.
273) (H. Rept. 103-591) [12JY]
NORTH DAKOTA
Reports filed
Northern Great Plains Rural Development Commission: Committee on
Agriculture (House) (S. 2099) (H. Rept. 103-700) [12AU]
NORTH POLE
see Arctic Regions
NORTHERN GREAT PLAINS RURAL DEVELOPMENT COMMISSION
Reports filed
Establish: Committee on Agriculture (House) (S. 2099) (H. Rept.
103-700) [12AU]
NORTHERN IRELAND
see United Kingdom of Great Britain and Northern Ireland
NORTHERN MARIANA ISLANDS, COMMONWEALTH OF
Bills and resolutions
House of Representatives: nonvoting delegate (see H.R. 4927)
[10AU]
Territories: self-government relative to development of articles
of incorporation with the Federal Government (see H.R. 4442)
[17MY]
NORTON, ELEANOR HOLMES (a Delegate from the District of Columbia)
Appointments
Conferee: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 3345, Federal Workforce Restructuring Act [11MR]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Architect of the Capitol: comprehensive personnel management
system (see H.R. 4582) [15JN]
Child support: improve collection system (see H.R. 5179) [5OC]
District of Columbia: authority to issue revenue bonds for
construction of convention center and sports arena (see H.R.
4888) [2AU]
------authorize lease of property (see H.R. 4599) [17JN]
------eligibility of blind individuals to serve as jurors (see
H.R. 4205) [13AP]
------eliminate unfunded pension liabilities (see H.R. 3728)
[25JA]
Executive departments: procurement of service contracts relative
to the ability of Federal employees to perform same duties at
lower costs (see H.R. 4486) [25MY]
FBI: authorize noncompetitive, career or career-conditional
appointments for Criminal Justice Information Services
employees who do not relocate to Clarksburg, WV (see H.R.
4884) [2AU]
Federal employees: authorize use of sick leave to attend to family
member, and modify leave transfer program between employees
who are family members (see H.R. 4361) [5MY]
------establish interagency placement program for employees
affected by reductions in force (see H.R. 4719) [12JY]
------funding for pay adjustments through reducing agency spending
on service contracts (see H.R. 4438) [17MY]
------prohibit contract employees from duties once performed by
employees that accepted voluntary separation incentive
payments (see H.R. 4488) [25MY]
------transportation benefits for family members of official who
dies after transferring to place of service (see H.R. 4549)
[8JN]
Federal Employees Health Benefits Program: enrollment of
individuals currently in a health plan administered by the
Comptroller of the Currency or the Office of Thrift
Supervision (see H.R. 5164) [4OC]
Health: allow requested medical treatments (see H.R. 4499) [25MY]
------inclusion of mental health and substance abuse benefits in
health care reform (see H.R. 4376) [10MY]
Income: prohibit wage discrimination based on sex, race, or
nationality (see H.R. 4803) [20JY]
National defense: nuclear disarmament and economic conversion (see
H.R. 3750) [26JA]
National Museum of Health and Medicine: designate relocation site
(see H.R. 4315) [28AP]
OMB: determine and report number of employees working under
contract for executive branch agencies (see H.R. 4487) [25MY]
Taxation: alcoholic beverages (see H.R. 4376) [10MY]
Water: establish national urban watershed restoration program (see
H.R. 3873) [22FE]
NUCLEAR ENERGY
related term(s) Nuclear Weapons; Power Resources
Bills and resolutions
Dept. of Energy: authorize hydrogen and fusion research and
development programs, and nuclear and high energy physics
programs (H.R. 4908), consideration (see H. Res. 515) [10AU]
Hazardous substances: safe disposal of spent fuel (see H.R. 4887)
[2AU]
Nevada Test Site, NV: environmental restoration study (see H.R.
4359) [5MY]
Radioactive substances: clarify Federal obligation to take title
and possession of high-level radioactive waste and establish
an interim spent nuclear fuel storage facility (see H.R. 5057)
[19SE]
------compensation of individuals who were subjects in Government
radiation experiments (see H.R. 3743, 4292) [26JA] [21AP]
Messages
Cooperation on the Uses of Atomic Energy for Mutual Defense
Purposes Between the U.S. and the United Kingdom: President
Clinton [23MY]
European Atomic Energy Community: President Clinton [9MR]
International Emergency Economic Powers Act: President Clinton
[30SE]
Reports filed
Central Midwest Interstate Low-Level Radioactive Waste Compact:
Committee on Natural Resources (House) (H.R. 4814) (H. Rept.
103-816) [3OC]
Consideration of H.R. 4908, Hydrogen and Fusion Research and
Development Programs, and Nuclear and High Energy Physics
Programs Authorization: Committee on Rules (House) (H. Res.
515) (H. Rept. 103-695) [10AU]
Hydrogen and Fusion Research and Development Programs, and Nuclear
and High Energy Physics Programs Authorization: Committee on
Science, Space, and Technology (House) (H.R. 4908) (H. Rept.
103-674) [5AU]
NUCLEAR NON-PROLIFERATION ACT
Messages
Provisions: President Clinton [17MY]
NUCLEAR WEAPONS
related term(s) Nuclear Energy
Bills and resolutions
Foreign trade: administration of export controls (see H.R. 3937)
[2MR]
------export control regime to stem proliferation of military and
strategic products and technology to countries that may
jeopardize international or U.S. national security (see H.
Res. 549) [27SE]
Pakistan: U.S. policy on suspected involvement with terrorism,
drug trafficking, and nuclear weapons (see H. Res. 541) [22SE]
Russia: pursuit of negotiations to reduce the number of deployed
strategic nuclear warheads (see H. Con. Res. 306) [4OC]
Shipping industry: transport of equipment intended for cleanup of
radioactive waste under Federal contract (see H.R. 4743)
[13JY]
Smithsonian Institution: context and portrayal of the Armed Forces
in the National Air and Space Museum Enola Gay exhibit (see H.
Res. 531) [19SE]
Messages
International Emergency Economic Powers Act: President Clinton
[30SE]
[[Page 2797]]
Nuclear Non-Proliferation Act: President Clinton [17MY]
Reports filed
Consideration of H.R. 3937, Export Administration Act: Committee
on Rules (House) (H. Res. 474) (H. Rept. 103-596) [12JY]
Export Administration Act: Committee on Armed Services (House)
(H.R. 3937) (H. Rept. 103-531) [17JN]
------Committee on Foreign Affairs (House) (H.R. 3937) (H. Rept.
103-531) [25MY]
------Committee on Intelligence (House, Select) (H.R. 3937) (H.
Rept. 103-531) [16JN]
------Committee on Ways and Means (House) (H.R. 3937) (H. Rept.
103-531) [17JN]
NURSES
see Health Care Professionals
NURSING HOMES
see Health Care Facilities
NUSSLE, JIM (a Representative from Iowa)
Appointments
Conferee: H.R. 3474, Community Development, Credit Enhancement,
and Regulatory Improvement Act [21AP]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
OBERSTAR, JAMES L. (a Representative from Minnesota)
Appointments
Canada-U.S. Interparliamentary Group [18MY]
Conferee: H.R. 965, Child Safety Protection Act [13AP]
------H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 2739, Airport and Airway Improvement Act appropriations
[26JY]
------H.R. 4950, Jobs Through Trade Expansion Act [4OC]
------S. 1887, National Highway System Designation Act [29SE]
Bills and resolutions introduced by
Aircraft: restriction on certain special purpose aircraft (see
H.R. 4584) [15JN]
Airlines: improve air carrier safety (see H.R. 5305) [29NO]
------prohibit smoking on all flights (see H.R. 4495) [25MY]
FAA: establish as an independent agency (see H.R. 5274) [7OC]
Motor vehicles: length and weight limitations for vehicles on
Federal-aid highways (see H.R. 4496) [25MY]
National forests: temporary recreational user fee charges at
Superior National Forest, MN (see H.R. 5273) [7OC]
NTSB: authorizing appropriations (H.R. 2440), concur to Senate
amendment with an amendment (see H. Res. 558) [3OC]
OBEY, DAVID R. (a Representative from Wisconsin)
Appointments
Committee for the Funeral of William H. Natcher [12AP]
Conferee: H.R. 3759, making supplemental appropriations [10FE]
------H.R. 4426, foreign operations, export financing, and related
programs appropriations [28JY]
------H.R. 4453, military construction appropriations [26JY]
------H.R. 4454, legislative branch of the Government
appropriations [28JN]
------H.R. 4539, Dept. of the Treasury, Postal Service, Executive
Office of the President, and independent agencies
appropriations [16AU]
------H.R. 4554, agriculture, rural development, FDA, and related
agencies programs appropriations [13SE]
------H.R. 4556, Dept. of Transportation and related agencies
appropriations [20SE]
------H.R. 4602, Dept. of the Interior and related agencies
appropriations [13SE]
------H.R. 4606, Depts. of Labor, HHS, Education, and related
agencies appropriations [13SE]
------H.R. 4624, Depts. of Veterans Affairs, HUD, and sundry
independent agencies appropriations [17AU]
------H.R. 4649, District of Columbia appropriations [28JY]
------H.R. 4650, Dept. of Defense appropriations [13SE]
Bills and resolutions introduced by
Anti-Hypocrisy Deficit Reduction Act: enact (see H.R. 4623) [22JN]
------enact (H.R. 4623), consideration (see H. Res. 460) [22JN]
Dept. of HUD: making supplemental appropriations (see H.R. 4568)
[13JN]
Eagle Mar (vessel): certificate of documentation (see H.R. 4681)
[29JN]
Foreign operations, export financing, and related programs: making
appropriations (see H.R. 4426) [16MY]
Taxation: provide relief for low economic growth (see H.R. 5091)
[23SE]
Reports filed
Dept. of HUD Supplemental Appropriations: Committee on
Appropriations (House) (H.R. 4568) (H. Rept. 103-550) [17JN]
Foreign Operations, Export Financing, and Related Programs
Appropriations: committee of conference (H.R. 4426) (H. Rept.
103-633) [1AU]
------Committee on Appropriations (House) (H.R. 4426) (H. Rept.
103-524) [23MY]
Joint Economic Report on the Economic Report of the President (H.
Rept. 103-496) [9MY]
Revised Subdivision of Budget Totals: Committee on Appropriations
(House) (H. Rept. 103-505) [12MY]
------Committee on Appropriations (House) (H. Rept. 103-549)
[16JN]
------Committee on Appropriations (House) (H. Rept. 103-664) [4AU]
------Committee on Appropriations (House) (H. Rept. 103-665) [4AU]
------Committee on Appropriations (House) (H. Rept. 103-735)
[21SE]
Revised Subdivision of Budget Totals for Fiscal Year 1995:
Committee on Appropriations (House) (H. Rept. 103-505) [12MY]
------Committee on Appropriations (House) (H. Rept. 103-539) [9JN]
------Committee on Appropriations (House) (H. Rept. 103-735)
[21SE]
OCC AND OTS HEALTH BENEFITS CONTINUATION ACT
Bills and resolutions
Enact (see H.R. 5164) [4OC]
OCCUPATIONAL SAFETY AND HEALTH
related term(s) Safety
Bills and resolutions
Congress: application of certain employment, health, and safety
laws and rights (see H.R. 4444) [18MY]
Legislative branch of the Government: application of OSHA laws
(see H.R. 4739) [13JY]
Sports: safety for journeyman boxers (see H.R. 4900) [4AU]
Reports filed
Workplace Safety for Federal and Postal Service Employees:
Committee on Post Office and Civil Service (House) (H.R. 115)
(H. Rept. 103-858) [7OC]
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
Bills and resolutions
Legislative branch of the Government: application of OSHA laws
(see H.R. 4739) [13JY]
Reports filed
Reform: Committee on Education and Labor (House) (H.R. 1280) (H.
Rept. 103-825) [3OC]
OCEAN MAMMALS
see Marine Mammals
OCEAN POLLUTION REDUCTION ACT
Bills and resolutions
Enact (see H.R. 5176) [5OC]
OCEAN RADIOACTIVE DUMPING BAN ACT
Reports filed
Provisions: Committee on Merchant Marine and Fisheries (House)
(H.R. 3982) (H. Rept. 103-522) [23MY]
OCEANS
Bills and resolutions
National U.S. Seafood Week: designate (see H.J. Res. 387) [12JY]
Sewage disposal: management plans relative to alternatives to
ocean dumping (see H.R. 4447) [18MY]
Reports filed
Consideration of H.R. 4008, NOAA Appropriations: Committee on
Rules (House) (H. Res. 542) (H. Rept. 103-742) [23SE]
National Undersea Research Program: Committee on Merchant Marine
and Fisheries (House) (H.R. 4236) (H. Rept. 103-850) [7OC]
NOAA Appropriations: Committee on Science, Space, and Technology
(House) (H.R. 4008) (H. Rept. 103-583) [29JY]
Ocean Radioactive Dumping Ban Act: Committee on Merchant Marine
and Fisheries (House) (H.R. 3982) (H. Rept. 103-522) [23MY]
OFFICE OF GOVERNMENT ETHICS
Reports filed
Appropriations: Committee on Post Office and Civil Service (House)
(H.R. 2289) (H. Rept. 103-785) [3OC]
------Committee on the Judiciary (House) (H.R. 2289) (H. Rept.
103-785) [7OC]
OFFICE OF MANAGEMENT AND BUDGET
Bills and resolutions
Contracts: determine and report number of employees working under
contract for executive branch agencies (see H.R. 4487) [25MY]
Messages
Federal Advisory Committees: President Clinton [5MY]
OFFICE OF NATIONAL DRUG CONTROL POLICY
Bills and resolutions
Management: maintain staffing and funding levels (see H.R. 5087)
[23SE]
OFFICE OF THRIFT SUPERVISION
Bills and resolutions
Federal Employees Health Benefits Program: enrollment of
individuals currently in a health plan administered by the
Comptroller of the Currency or the Office of Thrift
Supervision (see H.R. 5164) [4OC]
OFFSHORE SUPPLY VESSEL CONSTRUCTION AND DEVELOPMENT ACT
Bills and resolutions
Enact (see H.R. 5136) [29SE]
OHIO
Bills and resolutions
Courts: additional district court judge for northern district (see
H.R. 4811) [21JY]
FERC: extension of deadline for construction of hydroelectric
project in Ohio (see H.R. 5031) [13SE]
Reports filed
Dayton Aviation Heritage Preservation Act Amendments: Committee on
Natural Resources (House) (H.R. 3559) (H. Rept. 103-808) [3OC]
Thomas D. Lambros Federal Building: Committee on Public Works and
Transportation (House) (H.R. 4727) (H. Rept. 103-638) [1AU]
OIL POLLUTION ACT
Bills and resolutions
Marinas: treatment as offshore facilities (see H. Con. Res. 262)
[28JN]
OJAI, CA
Bills and resolutions
National Weather Service: study the health risks associated with
doppler radar installations (see H.R. 3850) [10FE]
OKLAHOMA
Bills and resolutions
Honey Springs National Battlefield and Washita Battlefield
National Historic Site: establish (see H.R. 4821) [25JY]
House of Representatives: administration of oath of office to
Steve Largent (see H. Res. 585) [29NO]
Reports filed
Mountain Park, OK, Project Modification: Committee on Natural
Resources (House) (H.R. 4784) (H. Rept. 103-803) [3OC]
OLD HAT (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 4537) [26MY]
OLDER PERSONS
see Senior Citizens
OLVER, JOHN W. (a Representative from Massachusetts)
Appointments
Committee for the Funeral of William H. Natcher [12AP]
[[Page 2798]]
Conferee: H.R. 4426, foreign operations, export financing, and
related programs appropriations [28JY]
------H.R. 4539, Dept. of the Treasury, Postal Service, Executive
Office of the President, and independent agencies
appropriations [16AU]
Bills and resolutions introduced by
Dept. of Justice: grants for domestic court advocacy programs (see
H.R. 4152) [24MR]
EPA: cooperative research and development agreements for
environmental protection (see H.R. 3857) [10FE]
Northeast Interstate Dairy Compact: grant consent (see H.R. 4560)
[9JN]
Water pollution: discharge from sewer overflow into navigable
waters (see H.R. 4614) [21JN]
OMNIBUS CRIME CONTROL AND SAFE STREETS ACT
related term(s) Law Enforcement Officers
Motions
Enact (H.R. 3355) [21AP]
ONE DOLLAR COIN AND COMMUNITY DEVELOPMENT ACT
Bills and resolutions
Enact (see H.R. 5168) [4OC]
OREGON
Bills and resolutions
Crooked River Project: emergency repair work on Ochoco Dam (see
H.R. 3833) [9FE]
Native Americans: declare public domain lands to be held in trust
for the Confederated Tribes of Siletz Indians of Oregon (see
H.R. 4119) [23MR]
Opal Creek Forest Preserve: establish (see H.R. 3905, 5236) [24FE]
[6OC]
Reports filed
Establish the Opal Creek Forest Preserve: Committee on Agriculture
(House) (H.R. 3905) (H. Rept. 103-683) [8AU]
------Committee on Natural Resources (House) (H.R. 3905) (H. Rept.
103-683) [8AU]
ORGAN DONORS
see Health
ORTIZ, SOLOMON P. (a Representative from Texas)
Appointments
Conferee: H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Corpus Christi, TX: negotiations with the Bureau of Reclamation
relative to the Choke Canyon Reservoir-Nueces River project
(see H.R. 4631) [22JN]
Deep Seabed Hard Mineral Resources Act: authorizing appropriations
(see H.R. 4722) [12JY]
Flower Garden Banks National Marine Sanctuary: modify boundaries
(see H.R. 3886) [23FE]
NOAA: authorizing appropriations (see H.R. 4008, 5046) [10MR]
[16SE]
------establish National Undersea Research Program (see H.R. 4236)
[18AP]
Sphinx (U.S.S.): convey to the Rio Grande Military Museum, Port
Isabel, TX (see H.R. 3887) [23FE]
ORTON, BILL (a Representative from Utah)
Appointments
Conferee: H.R. 3474, Community Development, Credit Enhancement,
and Regulatory Improvement Act [21AP]
Bills and resolutions introduced by
Budget: program specificity in consideration of concurrent
resolutions (see H.R. 4678) [29JN]
Central Utah Water Conservancy District: implementation of water
conservation programs (see H.R. 4615) [21JN]
Dept. of HUD: reform the single family mortgage insurance program
(see H.R. 4484) [24MY]
Government: entitlements (see H. Con. Res. 301) [30SE]
Land use: withdraw certain proposed regulations concerning rights-
of-way (see H. Res. 584) [7OC]
Social Security: allow States to replace JOBS program with a
program to assist AFDC recipients (see H.R. 4793) [19JY]
OTTLEY, AUBREY C.
Bills and resolutions
Aubrey C. Ottley U.S. Post Office, Saint Thomas, VI: designate
(see H.R. 4191) [13AP]
OUTER CONTINENTAL SHELF
see Continental Shelf
OUTER SPACE
see National Aeronautics and Space Administration
OVERLAND, MO
Bills and resolutions
Sammy L. Davis Federal Building: designate (see H.R. 3914) [24FE]
OVERSEAS PRIVATE INVESTMENT CORP.
Appointments
Conferees: H.R. 4950, Jobs Through Trade Expansion Act [4OC]
Reports by conference committees
Jobs Through Trade Expansion Act (H.R. 4950) [4OC]
Reports filed
Jobs Through Trade Expansion Act: committee of conference (H.R.
4950) (H. Rept. 103-834) [4OC]
------Committee on Foreign Affairs (House) (H.R. 4950) (H. Rept.
103-726) [19SE]
OWENS, MAJOR R. (a Representative from New York)
Appointments
Conferee: H.R. 6, education programs appropriations [20SE]
------H.R. 1804, Goals 2000--Educate America Act [23FE] [11MR]
------H.R. 2739, Airport and Airway Improvement Act appropriations
[26JY]
------S. 1587, Federal Acquisition Streamlining Act [4AU]
------S. 2000, Head Start, LIHEAP, Community Development Block
Grant Program, and Coordinated Services for Children, Youth,
and Families reauthorization [28AP]
Bills and resolutions introduced by
BATF: regulate the manufacture, distribution, and sale of firearms
and ammunition (see H.R. 4903) [4AU]
Education: improve quality of school libraries, media centers, and
facilities (see H.R. 4316) [28AP]
Employment: grants to encourage work force diversity and improve
working conditions (see H.R. 4461) [19MY]
Housing: establish Federal Housing Trust Fund to provide housing
for low-income families (see H.R. 5275) [7OC]
Major League Baseball: players' strike (see H.R. 4965) [12AU]
Taxation: treatment of lowest income tax rates and capital gains
relative to inherited property or income (see H.R. 5023)
[12SE]
Technology-Related Assistance for Individuals With Disabilities
Act: authorizing appropriations (H.R. 2339), agree to Senate
amendment (see H. Res. 351) [8FE]
OXLEY, MICHAEL G. (a Representative from Ohio)
Appointments
Conferee: H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
OZONE
see Ecology and Environment
PACKARD, RON (a Representative from California)
Appointments
Conferee: H.R. 4454, legislative branch of the Government
appropriations [28JN]
------H.R. 4602, Dept. of the Interior and related agencies
appropriations [13SE]
Bills and resolutions introduced by
Crime: protection against code grabbers (see H.R. 5170) [4OC]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
PAINE, THOMAS
Bills and resolutions
Monuments and memorials: approve the location of a Thomas Paine
memorial within the District of Columbia (see H.J. Res. 420)
[30SE]
PAKISTAN, ISLAMIC REPUBLIC OF
Bills and resolutions
Foreign policy: U.S. policy on suspected involvement with
terrorism, drug trafficking, and nuclear weapons (see H. Res.
541) [22SE]
Kashmir World Action Day: designate (see H. Res. 477) [12JY]
PALLONE, FRANK, JR. (a Representative from New Jersey)
Appointments
Committee for the Funeral of Dean A. Gallo [29NO]
Bills and resolutions introduced by
Candace White U.S. Post Office, Middletown, NJ: designate (see
H.R. 4177) [12AP]
Greece: slaughter of civilians in Kalavryta during World War II
(see H. Con. Res. 318) [29NO]
Pipelines: improve safety of natural gas and hazardous liquid
pipelines (see H.R. 4616) [21JN]
------mandatory one-call system to protect underground facilities
from damage by any excavation (see H.R. 4394) [11MY]
Refuse disposal: State control of municipal solid waste
transportation and disposal (see H.R. 4683) [29JN]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
PANAMA, REPUBLIC OF
Bills and resolutions
Panama Canal Commission: reconstitute as an independent Government
corporation (see H.R. 5221) [6OC]
Messages
Panama Canal Commission: President Clinton [12AP]
Termination of the Blocking of Panamanian Government Assets:
President Clinton [3OC]
PANAMA CANAL
Bills and resolutions
Panama Canal Commission: reconstitute as an independent Government
corporation (see H.R. 5221) [6OC]
Reports filed
Panama Canal Operation and Maintenance Appropriations: Committee
on Merchant Marine and Fisheries (House) (H.R. 4246) (H. Rept.
103-526) [24MY]
PANAMA CANAL COMMISSION
Bills and resolutions
Independent agencies: reconstitute as an independent Government
corporation (see H.R. 5221) [6OC]
Messages
Report: President Clinton [12AP]
PARKER, MIKE (a Representative from Mississippi)
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
PARKS AND RECREATION AREAS
related term(s) Recreational Vehicles
Bills and resolutions
Fees: imposition of certain fees for use of developed recreation
sites and facilities (see H.R. 4014) [11MR]
National forests: temporary recreational user fee charges at
Superior National Forest, MN (see H.R. 5273) [7OC]
Reports filed
Urban Recreation and At-Risk Youth Act: Committee on Natural
Resources (House) (H.R. 4034) (H. Rept. 103-444) [21MR]
PASSPORTS
Bills and resolutions
Dept. of State: passport denials to noncustodial parents subject
to State arrest warrants for nonpayment of child support (see
H.R. 5175) [4OC]
PASTOR, ED (a Representative from Arizona)
Appointments
Conferee: H.R. 4554, agriculture, rural development, FDA, and
related agencies programs appropriations [13SE]
Bills and resolutions introduced by
Health: liability of raw material and component suppliers to
medical device manufacturers (see H.R. 5092) [23SE]
RTC: exemption from overtime provisions for contractor or
subcontractor employees (see H.R. 5151) [30SE]
[[Page 2799]]
PATCHOGUE, NY
Bills and resolutions
New York: exchange of land in the Fire Island National Seashore
for land in Patchogue, NY (see H.R. 5268) [7OC]
PATENTS
related term(s) Copyrights
Bills and resolutions
Amend: establish 20-year term and a domestic priority system (see
H.R. 4505) [26MY]
Government: fairness in compensating owners (see H.R. 4265) [20AP]
Mining and mineral resources: disclosure of mineral patent
information (see H.R. 4573) [13JN]
Waterfowl decoy: renewal (see H.R. 3945) [2MR]
Word game board: renewal (see H.R. 3890) [23FE]
Motions
Agriculture: protection of new varieties of plants (S. 1406)
[12AU]
Reports filed
Application System for Process Patents: Committee on the Judiciary
(House) (H.R. 4307) (H. Rept. 103-728) [20SE]
Collection of Application Fees for Medical Device Approvals:
Committee on Energy and Commerce (House) (H.R. 4864) (H. Rept.
103-751) [26SE]
Dept. of Commerce Patent and Trademark Office Appropriations:
Committee on the Judiciary (House) (H.R. 4608) (H. Rept. 103-
777) [3OC]
PATRIOTISM
Bills and resolutions
Flag--U.S.: constitutional amendment to prohibit desecration (see
H.J. Res. 428) [7OC]
Veterans: provision of a display case for the flag furnished with
respect to deceased veterans (see H.R. 4286) [21AP]
PAXON, BILL (a Representative from New York)
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
PAYMENTS IN LIEU OF TAXES ACT
Bills and resolutions
Enact (S. 455): consideration (see H. Res. 565) [4OC]
Reports filed
Consideration of S. 455, Provisions: Committee on Rules (House)
(H. Res. 565) (H. Rept. 103-830) [4OC]
Provisions: Committee on Natural Resources (House) (S. 455) (H.
Rept. 103-838) [5OC]
PAYNE, DONALD M. (a Representative from New Jersey)
Appointments
Committee for the Funeral of Dean A. Gallo [29NO]
Conferee: H.R. 6, education programs appropriations [20SE]
------H.R. 1804, Goals 2000--Educate America Act [23FE] [11MR]
Interparliamentary Union [17MR]
Bills and resolutions introduced by
African Americans: mint coins in commemoration of black
revolutionary war patriots (see H.R. 5192) [5OC]
Children and youth: establish youth development block grants for
community-based organizations (see H.R. 4086) [17MR]
South Africa: U.S. policy (see H. Res. 560) [3OC]
PAYNE, L.F. (a Representative from Virginia)
Bills and resolutions introduced by
Taxation: reduce income tax rates on trusts established for the
benefit of individuals with disabilities (see H.R. 5070)
[21SE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
PEACE
Bills and resolutions
Foreign trade: export control regime to stem proliferation of
military and strategic products and technology to countries
that may jeopardize international or U.S. national security
(see H. Res. 549) [27SE]
Middle East Development Initiative: establish (see H.R. 3818)
[8FE]
National Korean War Veterans Armistice Day: designate (see H.J.
Res. 332) [9MR]
Messages
Peace and Security in Bosnia and Herzegovina: President Clinton
[23AU]
PEDIATRIC AND ADOLESCENT AIDS AWARENESS WEEK
Bills and resolutions
Designate (see H.J. Res. 334) [10MR]
PELOSI, NANCY (a Representative from California)
Appointments
Conferee: H.R. 4299, intelligence services appropriations [13SE]
------H.R. 4426, foreign operations, export financing, and related
programs appropriations [28JY]
------H.R. 4606, Depts. of Labor, HHS, Education, and related
agencies appropriations [13SE]
------H.R. 4649, District of Columbia appropriations [28JY]
Bills and resolutions introduced by
California: management of the Presidio military facility (see H.R.
5231) [6OC]
China, People's Republic of: most-favored-nation status (see H.R.
4590) [16JN]
PENNSYLVANIA
Bills and resolutions
Murphy, Representative: tribute to current and former staff
members (see H. Res. 589) [29NO]
Reports filed
Convey Certain Hopewell Township, PA, Lands to the Beaver County
Corp. for Economic Development: Committee on Public Works and
Transportation (House) (H.R. 4704) (H. Rept. 103-768) [30SE]
PENNSYLVANIA AVENUE DEVELOPMENT CORP.
Bills and resolutions
Management: authorizing appropriations and development of plan for
orderly dissolution (see H.R. 5096) [23SE]
Reports filed
Appropriations and Development of Plan for Orderly Dissolution:
Committee on Natural Resources (House) (H.R. 5096) (H. Rept.
103-794) [3OC]
PENNY, TIMOTHY J. (a Representative from Minnesota)
Appointments
Conferee: H.R. 3841, Interstate Banking Efficiency Act [12MY]
Bills and resolutions introduced by
Agriculture: authorize the use of commodities to promote market
development (see H.R. 5234) [6OC]
------require nutrient fortification of commodities provided for
feeding programs (see H.R. 5171) [4OC]
Azerbaijan: foreign aid (see H.R. 4617) [21JN]
Consolidated Farm and Rural Development Act: technical corrections
(see H.R. 5065) [20SE]
Middle East Development Initiative: establish (see H.R. 3818)
[8FE]
Social Security: cost-of-living adjustments (see H.R. 4373) [10MY]
------eligibility age for Old Age Survivors and Disability
Insurance benefits (see H.R. 4372) [10MY]
------improve information on account statements (see H.R. 4374)
[10MY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
PENSION BENEFIT GUARANTY CORP.
Bills and resolutions
Taxation: compliance with certain pension requirements (see H.R.
4534) [26MY]
PENSIONS
see Income
PERFORMING ARTS
see Arts and Humanities
PERISHABLE AGRICULTURE COMMODITIES ACT
Bills and resolutions
Amend: imposition of fees for violations (see H.R. 4581) [15JN]
PERRY, MATTHEW J., JR.
Bills and resolutions
Matthew J. Perry, Jr., U.S. Courthouse, Columbia, SC: designate
(see H.R. 4543) [8JN]
Reports filed
Matthew J. Perry, Jr., U.S. Courthouse, Columbia, SC: Committee on
Public Works and Transportation (House) (H.R. 4543) (H. Rept.
103-636) [1AU]
PERSIAN GULF CONFLICT
related term(s) War
Bills and resolutions
Persian Gulf War Veteran Recognition Day: designate (see H.J. Res.
320) [8FE]
Refugees: prohibit entry of Iraqi veterans of the Persian Gulf
Conflict (see H.R. 4313) [28AP]
Saudi Arabia: resolution of commercial disputes with U.S. firms
(see H.R. 4096) [21MR]
Reports filed
Compensation for Persian Gulf Conflict Veterans and Increased
Research Relative to Illnesses Attributed to Service During
Conflict: Committee on Veterans' Affairs (House) (H.R. 4386)
(H. Rept. 103-669) [4AU]
PERSIAN GULF WAR VETERAN RECOGNITION DAY
Bills and resolutions
Designate (see H.J. Res. 320) [8FE]
PERU, REPUBLIC OF
Bills and resolutions
Peruvian Institutions in the U.S. Week: designate (see H.J. Res.
429) [29NO]
PERUVIAN INSTITUTIONS IN THE U.S. WEEK
Bills and resolutions
Designate (see H.J. Res. 429) [29NO]
PESTICIDE REFORM ACT
Bills and resolutions
Enact (see H.R. 4362) [5MY]
PESTICIDES
related term(s) Agriculture
Bills and resolutions
Agriculture: regulatory standards and food safety protections (see
H.R. 4329, 4362) [3MY] [5MY]
Airlines: discourage the practice in foreign countries of
disinsection of aircraft while passengers are aboard (see H.
Con. Res. 307) [5OC]
Reports filed
Minor Crop Protection Act: Committee on Agriculture (House) (H.R.
967) (H. Rept. 103-784) [3OC]
PETERSON, COLLIN C. (a Representative from Minnesota)
Bills and resolutions introduced by
AFDC: allow States to use emergency assistance funds to construct,
rehabilitate, purchase, or rent permanent housing for homeless
families (see H.R. 4449) [18MY]
Agriculture: reauthorize the conservation reserve program (see
H.R. 4416) [12MY]
Dept. of HUD: improve the management of the project-based rental
assistance program (see H.R. 5115) [28SE]
Health: managed care system reform proposal (see H.R. 4527) [26MY]
Housing: management and reform of public housing programs (see
H.R. 4304) [28AP]
Patents: renewal for waterfowl decoy (see H.R. 3945) [2MR]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
PETERSON, DOUGLAS ``PETE'' (a Representative from Florida)
Appointments
Canada-U.S. Interparliamentary Group [18MY]
Committee for the Funeral of Richard M. Nixon [28AP]
Committee for the Funeral of William H. Natcher [12AP]
Conferee: H.R. 4554, agriculture, rural development, FDA, and
related agencies programs appropriations [13SE]
Bills and resolutions introduced by
Federal employees: provide additional points on the competitive
service entrance examination for certain veterans (see H.R.
3830) [9FE]
Health: access to long-term care services (see H.R. 4632) [22JN]
Veterans: grave marker allowance (see H.R. 3977) [8MR]
PETITIONS AND MEMORIALS
Transmittal
Ackerman, Bruce A.: GATT ratification [1DE]
Alabama: military activities not authorized by Congress [10MY]
[[Page 2800]]
Alaska: aerospace development [12JY]
------diesel fuel [11MY]
------establishment of a visitor activity area near Mount McKinley
[13AP]
------export of North Slope crude oil [18AP]
------Federal motorcycle helmet laws [18AP]
------Fishery Conservation and Management Act [10MY]
------Oil Pollution Act [18AP]
American Samoa: establishing a veteran's hospital-clinic [7FE]
------tribute to Thomas P. O'Neill, Jr. [7FE]
Arizona: Cave Creek Canyon Protection Act [9MR]
------desecration of the U.S. flag [18AP] [20AP]
------Dilkon Health Center [20AP]
------Grand Canyon Protection Act [9MR]
------income tax deduction for medical insurance costs of self-
employed individuals [9MR]
------Indian Health Service [9MR]
------individual medical care savings accounts [20AP]
------line-item veto [20AP]
------Mineral Exploration and Development Act [9MR]
------Native American veterans' memorial [9MR]
------north-south trade corridors and transportation
infrastructure improvements [9MR] [17MR]
------release of highway, airport and airway trust funds from
Federal unified budget for use in improving nation's
transportation infrastructure [9MR]
------Santa Cruz river basin [9MR]
------Social Security Notch Adjustment Act [9MR]
------tribal retention of criminal misdemeanor jurisdiction over
all Indians within reservation boundaries and on tribal lands
[9MR]
------U.S. Air Force Armstrong Laboratory [9MR]
Arizona Attorney General: State health care fraud control units
[17AU]
Arkansas Legislative Counsel: inclusion of Members of Congress in
health care reform [21JN]
Bernson, Hal: moratorium on foreclosures of property damaged in
the Northridge earthquake [1DE]
Buffalo, NY, Common Council: trade embargo against Cuba [16MR]
California: An Quy Nguyen [16SE]
------banking [20MY]
------C-17 airlifter [16SE]
------California State University [10JN]
------closure of the Old Mint [11MR]
------COBRA benefits [12AU]
------deportation of spouses and children of permanent U.S.
residents [17AU]
------disabled veterans [11MR]
------Equal Rights Amendment [25JA]
------Federal income tax personal exemption [17AU]
------forest plan [16SE]
------Freedom of Access to Clinic Entrances Act [1DE]
------gaming on cruise ships [17AU]
------Guam [16SE]
------Hate Crimes Sentencing Enhancement Act [17AU]
------human rights violations [17AU] [16SE]
------illegal aliens [17AU]
------impact of television violence on children [1DE]
------imprisonment of undocumented alien criminals in Federal
prisons [17AU]
------Job Creation and Infrastructure Restoration Act [1DE]
------Juaneno Band of Mission Indians, Acjachemen Nation [25JA]
------law enforcement funding [17AU]
------Main San Gabriel Groundwater Basin [12AU]
------missing children [25MY]
------NASA/Ames wind tunnel project [1DE]
------National Training Center [25JA]
------natural disasters [5AU]
------New River contamination [17AU]
------Norton AFB [25JA] [17AU]
------nursing facilities [16SE]
------pest containment and quarantine facilities [25JA]
------Presidio National Park [1DE]
------Railroad Retirement System [16SE]
------recognition of capital losses on the sale of a principal
residence [17AU]
------Republic of China [1DE]
------Safe Drinking Water Act [17AU]
------solid waste [25JA]
------Southwest Complex [1DE]
------space station [16SE]
------special education funding [1DE]
------States rights [16SE]
------taxation of Social Security benefits [16SE] [1DE]
------tobacco sales [16SE]
------trade agreements [20MY]
------Turkish invasion of Cyprus [16SE]
------unfunded Federal mandates [25JA] [16SE] [1DE]
------violence prevention [16SE]
------water quality [25JA]
------women's health care [17AU]
Camarillo, CA, City Council: unfunded Federal mandates [1DE]
Carolina, PR, Municipal Assembly: censuring of Commissioner
Romero-Barcelo relative to comments about Hector Luis Acevedo
[1DE]
Cincinnati, OH: expenses of Southern Ohio Regional Transit
Authority [18AP]
Clearwater, FL, City Commission: unfunded mandates upon local
governments [15MR]
Cojanis, Peter J.: GATT ratification [1DE]
Colorado: Federal courts relative to taxes [9JN]
------Federal environmental standards enforcement [9JN]
------health care [8JN]
------payments-in-lieu-of-taxes program [23MR]
------States rights under the Constitution [20MY] [23MY]
------Water Pollution Prevention and Control Act [16MR]
Commission of European Communities, District of Columbia: tribute
to Thomas P. O'Neil, Jr. [23FE]
Compton, CA, City Council: unfunded Federal mandates [1DE]
------welfare reform relative to unfunded Federal mandates [1DE]
Congreso del los Diputados: Foreign Service assistance [12JY]
Croatia: U.N. protection force [13SE]
Delaware: constitutional amendment relative to retroactive
taxation [27JN]
Delaware Attorney General: State health care fraud control units
[12SE]
Denville, NJ: military funds [18AP]
District of Columbia: democracy in Haiti [11MY]
Ethiopia: tribute to Thomas P. O'Neil, Jr. [23FE]
Guam: anniversary of liberation [23SE]
------living conditions of Federal retirees in the Philippines
[23SE]
Hawaii: aliens [25MY]
------motorcycle helmet laws [18MY]
------ratification of the 27th amendment to the Constitution
relative to congressional salary raises [20MY]
------States rights under the Constitution [25MY]
------U.S. land return to Japan [20MY]
------unfunded Federal mandates [20MY] [25MY]
Idaho: critical habitat designation [3MY]
------Federal Cropland Set-aside Program [3MY]
------grain producers [18AP]
------Laotian POW/MIA cases [3MY]
------mail-order sales tax [3MY]
------National Highway System [18AP]
------public assistance programs [18AP]
------Railroad Retirement Board [3MY]
------safe drinking water [18AP]
------States rights [18AP]
------transfer of groundwater rights [18AP]
Illinois: Federal funding for MEG [9JN]
------licensing of a vessel for employment in coastwise trade and
fisheries [15JN]
------operating subsidies for mass transit [9JN]
------railroad retirement system [22JY]
------States rights [12SE]
------unfunded Federal mandates [3OC]
Indiana: air service program [24MR]
------memorializing Thomas P. O'Neill, Jr. [25JA]
Intercounty Association of Western New York: right to keep and
bear arms [12MY]
Iowa: renewable oxygenate standard [23FE]
Ireland: tribute to Thomas P. O'Neil, Jr. [23FE]
Jackson, John H.: GATT ratification [1DE]
Japan: tribute to Thomas P. O'Neil, Jr. [23FE]
Kansas: crude oil production and price stability [9JN]
------Federal mandate to suspend driving privileges of convicted
drug offenders [13AP]
------Government funding for federally mandated programs [9JN]
------POW/MIA [17MY]
Kansas Republican State Committee, Topeka, KS: Federal Health
Security Act [23FE]
Kentucky: health care fraud control units [11AU]
------U.S. foreign policy on Ethiopia [13AP]
King County, WA, Labor Council: national program to create jobs
and restore infrastructure [22SE]
------single-payer national health insurance system [24MR]
Liberia: U.S. humanitarian assistance [9MR]
Louisiana: automobile inspection and maintenance programs [25JY]
------black bear habitat designation [2MR]
------closure of FDA New Orleans District Laboratory [9JN]
------cottonbalers memorial [12MY]
------deepwater oil and natural gas reserves in the Gulf of Mexico
[9JN]
------intrastate funding formulas [9JN]
------intrastate sales taxes [9JN]
------mail order sales taxes [9JN]
------Medicaid funding [13SE]
------Oil Pollution Act amendments relative to requirements for
offshore production and exploration facilities [8MR]
------retroactive taxation [27JY]
------States rights [12SE]
------use of the U.S. flag to drape the coffins of former members
of the Civilian Conservation Corps [21JN]
Maine: defense finance and accounting service centers [16MY]
------military facilities in the U.S. [16MY]
------National Highway System [18AP]
------territorial sea limits of Maine [24MR]
------unfunded Federal mandates [12MY]
Massachusetts: flag desecration [25JA]
------replacement of the dollar bill with a one dollar coin [11AU]
Massachusetts General Court: retention of National Park Service
regional headquarters in Boston, MA [14JN]
McCoulskey, Huey: practice of polygamy and polygamous cohabitation
[24MR]
Michigan Attorney General: State health care fraud control units
[17AU]
Middleburg Heights, OH, City Council: unfunded Federal mandates
[1DE]
Milwaukee, WI: national telecommunications infrastructure [13AP]
Minnesota: desecration of the U.S. flag [26AP]
Minnesota Attorney General: State health care fraud control units
[17AU]
Mississippi: doppler radar in southwest Mississippi [13AP]
------flow of illegal drugs into the U.S. [12SE]
------sanitary landfills [13AP]
Mississippi Attorney General: State health care fraud control
units [12SE]
Missouri: medicinal use of marijuana [9JN]
------National Highway System [27JN]
------unfunded Federal mandates [24JN]
National Association of Attorneys General: capital punishment
relative to racial discrimination [18JY]
------domestic violence and unfair insurance practices [18JY]
------Federal taxation of gaming [18JY]
------jurisdiction of State medicaid fraud control units [18JY]
------National Institute for the Environment [18JY]
[[Page 2801]]
------occupancy standards under the Fair Housing Act [18JY]
------rent-to-own transactions [18JY]
------State health care fraud control units [5AU]
National Conference of State Legislatures: unfunded Federal
mandates [13AP]
Nebraska: desecration of U.S. Flag [9MR]
------National Highway System [13AP]
------public water supply systems [26AP]
------unfunded Federal mandates [25JA]
Nevada Attorney General: State health care fraud control units
[12SE]
New Hampshire: atomic veterans [25MY]
------cable and telephone service [23MR]
------campaign spending and unalterable records of proceedings
[14JN]
------long-term care services [21AP]
------return of remains of certain Native Americans from France
[14JN]
------transfer of Pease Air Force Base to the Pease Development
Corp. [14JN]
------unfunded Federal mandates [14JN]
New Jersey: constitutional amendment to require balanced budget
[11MR]
------dredging in New Jersey [19JY]
------economic assistance for Cuba [9JN]
------extending daylight savings time until after general election
day [12AP]
------Federal Soldiers' and Sailors' Civil Relief Act [19JY]
------Merchant Marine Academy funding [9JN]
------tax benefits for parents to strengthen family qualities
[19JY]
------tax exemption for dependent children [19JY]
------urban core project [18AP]
New Jersey State Federation of Women's Clubs: gun control [18JY]
New Mexico Attorney General: State health care fraud control units
[17AU]
New York: location of an Informed Compliance Center in Clinton
County, NY [12SE]
------taxes [18MY]
New York, NY: citizen of Brooklyn [29JN]
New York, NY, City Council: discrimination against women [18MY]
North Carolina: desecration of the U.S. flag [10JN]
North Carolina Attorney General: State health care fraud control
units [17AU]
Northern Mariana Islands: nonvoting status to the Resident
Representative [9JN]
------Northern Marianas Delegate Act [1DE]
Nye, NV, Board of Commissioners: State sovereignty [1DE]
Olympia, WA, Commissioner of Public Lands: biodiversity [13JY]
------public lands [13JY]
------transboundary natural resources along the Mexican border
[13JY]
Pennsylvania: Bosnia and Herzegovina [24FE] [9MR]
------constitutional amendment relative to voluntary school prayer
[29JN]
------crime [12JY]
------domestic violence [29JN]
------elections in Liberia [12JY]
------Federal job training [12JY]
------George C. Marshall Commemorative Coin Act [29JN]
------grants to college students from family income [9JN]
------health care reform [12JY]
------increased lumber prices relative to homebuilders and
homebuyers [21JN]
------increasing weatherization and LIHEAP funds [24MR]
------investigation of delays in filing claims with the Dept. of
Veterans' Affairs [1DE]
------LIHEAP [25JA]
------low-flying aircraft [12JY]
------medical symptoms of Operation Desert Storm veterans [12JY]
------Memorial Day observance [12JY]
------motorcycle helmet requirements [23MY]
------postage stamp printing [12JY]
------retirement or pension plans and pension lump sum rollovers
[24MR]
------self-employed reservists activated for Operation Desert
Storm [9JN]
------State sovereignty [1DE]
------taxes [12JY]
------telecommunications services [1DE]
Puerto Rico: Citizenship Day [19AP]
------election of the President and Vice President of the U.S.
[13SE]
------Free Trade Agreement [10JN]
------health care reform [19JY]
------political formula of Commonwealth redefinition [23FE]
------preliminary certification of vote count [25JA]
------U.S. Navy land transfer in Vieques to the municipal
government of Vieques [7MR]
Puerto Rico Bar Association: blockade of Cuba [1DE]
------increased militarization of Puerto Rico [1DE]
------Puerto Rican political prisoners [1DE]
Rockland County, NY, Legislature: envoy to Northern Ireland [16MR]
------Federal subsidies to tobacco growers [14JN]
------Health Research Act [25JY]
------labeling of dairy products of cows injected with BST [20AP]
------unfunded Federal mandates [14JN]
San Francisco, CA: Kennedy-Hatch Care Act reauthorization [1DE]
Santa Monica, CA: immigration assistance to States [13AP]
Schenectady, NY: comprehensive mandate relief legislation [11MR]
------crime [9JN]
States' rights: Colorado State Legislature [20MY]
Sunrise, FL: crime prevention [5MY]
------request for more police officers [5MY]
Tennessee: taxes [23MY]
Texas: commemorative postage stamp relative to 150 years of
statehood [12SE]
------declassification of information relative to Korean War MIA's
[1DE]
Texas Attorney General: State health care fraud control units
[17AU]
Utah Dept. of Public Safety: State health care fraud control units
[17AU]
Virgin Islands: George Simmonds Terrace [11FE]
------Pollyberg Gardens [11FE]
------shoppers visas [20MY]
Virginia: cost of metric measurements on highway safety signs
[20AP]
------designation of official National EMS Memorial Service [3MY]
------health insurance [11MY]
------historically black colleges and universities [11MY]
------human rights [11MY]
------Indian tribes [11MY]
------Individuals with Disabilities Education Act [11MY]
------Lorton Penitentiary [11MY]
------low-income families [11MY]
------National Highway System [21AP] [11MY]
------safe drinking water [11MY]
------solid waste flow control legislation [1DE]
------South Battlefield Boulevard [11MY]
------truck safety [11MY]
------unfunded Federal mandates [11MY]
------welfare recipients' income [11MY]
Washington: allowing States to require a notice requirement before
imposing a Federal lien on real property [21MR]
------disabled veterans [21MR]
------employment security system funding [21MR]
------harbor seals and sea lion populations [23MR]
------Washington State Rural Development Council [21MR]
Washington Attorney General: State health care fraud control units
[13SE]
Washington State Association of Counties: Passenger Vessel
Development Act [14JY]
Watson, Gregory D.: constitutional amendment on States
jurisdiction over petroleum products, water, sulphur and other
minerals and natural resources [1DE]
West Virginia: Equal Rights Amendment adoption to the Constitution
[23FE]
Wyoming: Oil Pollution Act [12AP]
PETRI, THOMAS E. (a Representative from Wisconsin)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Conferee: H.R. 6, education programs appropriations [20SE]
------H.R. 965, Child Safety Protection Act [13AP]
------H.R. 1804, Goals 2000--Educate America Act [23FE] [11MR]
------H.R. 2739, Airport and Airway Improvement Act appropriations
[26JY]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[23MY]
------S. 1887, National Highway System Designation Act [29SE]
Bills and resolutions introduced by
AFDC: benefits to minors with children (see H.R. 4786) [19JY]
Financial institutions: self-regulating system of insuring
deposits (see H.R. 5227) [6OC]
Health: national policy to provide health care and reform
insurance procedures (see H.R. 4469) [20MY]
National Sewing Month: designate (see H.J. Res. 337) [15MR]
Taxation: treatment of earned income tax credit (see H.R. 5193)
[5OC]
Water pollution: reserve portion of funding to the State revolving
loan program for States devoting financial resources above
minimum requirements (see H.R. 3957) [3MR]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
PETROLEUM
related term(s) Power Resources
Bills and resolutions
Power resources: management of the strategic petroleum reserve
(see H.R. 4750, 4752) [13JY]
Taxation: gas guzzler tax exemption for automobiles lengthened by
certain small manufacturers (see H.R. 3791) [3FE]
------treatment of tar sands relative to production of fuels from
nonconventional sources and minimum tax preference for
intangible drilling costs (see H.R. 4532) [26MY]
Messages
Alaska's Mineral Resources Report: President Clinton [22FE]
Reports filed
Management of the Strategic Petroleum Reserve: Committee on Energy
and Commerce (House) (H.R. 4752) (H. Rept. 103-663) [3AU]
Petroleum Marketing Practices Act: Committee on Energy and
Commerce (House) (H.R. 1520) (H. Rept. 103-737) [22SE]
PETROLEUM MARKETING PRACTICES ACT
Reports filed
Provisions: Committee on Energy and Commerce (House) (H.R. 1520)
(H. Rept. 103-737) [22SE]
PHARMACEUTICALS
see Drugs
PHILADELPHIA, PA
Bills and resolutions
Independence National Historic Park: inclusion and restoration of
Washington Square (see H.R. 4642) [23JN]
Reports filed
Independence National Historic Park Inclusion and Restoration of
Washington Square: Committee on Natural Resources (House)
(H.R. 4642) (H. Rept. 103-797) [3OC]
PHILIPPINES, REPUBLIC OF THE
Bills and resolutions
Leyte Landing Day: designate (see H.J. Res. 400) [10AU]
Veterans: benefits for Philippine service in World War II (see
H.R. 4701) [30JN]
[[Page 2802]]
PHOTOGRAPHY
see Arts and Humanities
PHYSICALLY HANDICAPPED
see Disabled
PHYSICIANS
see Health Care Professionals
PICKETT, OWEN B. (a Representative from Virginia)
Appointments
Conferee: S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Flag--U.S.: constitutional amendment to prohibit desecration (see
H.J. Res. 428) [7OC]
PICKLE, J.J. (a Representative from Texas)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Conferee: H.R. 2739, Airport and Airway Improvement Act
appropriations [26JY]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------H.R. 4277, establish Social Security Administration as an
independent agency [21JN]
------H.R. 4278, Social Security Domestic Employment Reform Act
[21JN]
Bills and resolutions introduced by
Social Security: ensure viability of system (see H.R. 4275) [21AP]
Taxation: individual retirement accounts (see H.R. 5006) [20AU]
PIPELINES
related term(s) Natural Gas; Petroleum
Bills and resolutions
Safety: mandatory one-call system to protect underground
facilities from damage by any excavation (see H.R. 4394, 5248)
[11MY] [7OC]
Reports filed
Comprehensive One-Call Notification Act: Committee on Energy and
Commerce (House) (H.R. 4394) (H. Rept. 103-765) [29SE]
------Committee on Public Works and Transportation (House) (H.R.
4394) (H. Rept. 103-765) [30SE]
PLANT VARIETY PROTECTION ACT
Motions
Agriculture: protection of new varieties of plants (S. 1406)
[12AU]
Reports filed
Amendments Relative to the International Convention for the
Protection of New Varieties of Plants: Committee on
Agriculture (House) (H.R. 2927) (H. Rept. 103-699) [12AU]
POETRY
see Literature
POLAND, REPUBLIC OF
Bills and resolutions
NATO: assist transition of certain countries to NATO membership
(see H.R. 4210) [14AP]
POLICEMEN
see Law Enforcement Officers
POLLUTION
related term(s) Ecology and Environment
Bills and resolutions
Air pollution: transfer of air emission credits from military
installation closures to redevelopment authority (see H.R.
4182) [13AP]
Clean Air Act: application of certain requirements (see H.R. 4952)
[12AU]
------State implementation plans (see H.R. 4951, 4953) [12AU]
Motor vehicles: provide Federal assistance for compliance with
inspection and maintenance requirements and employee trip
reduction requirements under the Clean Air Act (see H.R. 5205)
[6OC]
Radioactive substances: compensation of individuals who were
subjects in Government radiation experiments (see H.R. 4292)
[21AP]
Reports filed
Conservation and Management of Wetlands Appropriations: Committee
on Merchant Marine and Fisheries (House) (H.R. 4308) (H. Rept.
103-717) [12SE]
Risk Assessment Improvement Act: Committee on Science, Space, and
Technology (House) (H.R. 4306) (H. Rept. 103-857) [7OC]
Streamline and Improve Cleanup Standards of CERCLA: Committee on
Energy and Commerce (House) (H.R. 3800) (H. Rept. 103-582)
[12JY]
------Committee on Public Works and Transportation (House) (H.R.
3800) (H. Rept. 103-582) [8AU]
------Committee on Ways and Means (House) (H.R. 3800) (H. Rept.
103-582) [26AU]
POMBO, RICHARD W. (a Representative from California)
Appointments
Conferee: H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------S. 21, California Desert Protection Act [4OC]
Bills and resolutions introduced by
Aliens: treatment of criminal aliens (see H.R. 4120) [23MR]
Endangered species: conservation of threatened and endangered
species (see H.R. 3978) [8MR]
ITC: monitoring of tomato and pepper imports (see H.R. 4794, 5133)
[19JY] [29SE]
Portuguese American Friendship Day: designate (see H.J. Res. 371)
[26MY]
Salli, Rudolph: confer posthumous citizenship (see H.R. 4045)
[16MR]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
POMEROY, EARL (a Representative from North Dakota)
Bills and resolutions introduced by
Agriculture: expand the types of issues covered by State mediation
programs (see H.R. 4153) [24MR]
Congressional Record: require payment from House Members' official
expense account relative to matter printed in the Extensions
of Remarks (see H. Res. 573) [6OC]
Medicare and Medicaid Coverage Data Bank: repeal employer
requirement to file certain reports (see H.R. 4365) [5MY]
NAFTA: terminate agreement relative to grain imported from Canada
(see H.R. 3819) [8FE]
Wetlands: expand eligibility for the Wetlands Reserve Program to
lands covered by certain expiring agreements (see H.R. 5053)
[19SE]
PORT ISABEL, TX
Bills and resolutions
Sphinx (U.S.S.): convey to the Rio Grande Military Museum (see
H.R. 3887) [23FE]
PORTER, JOHN EDWARD (a Representative from Illinois)
Appointments
Conferee: H.R. 3759, making supplemental appropriations [10FE]
------H.R. 4426, foreign operations, export financing, and related
programs appropriations [28JY]
------H.R. 4606, Depts. of Labor, HHS, Education, and related
agencies appropriations [13SE]
Bills and resolutions introduced by
Dept. of Defense: limitations on development and costs for the
Seawolf submarine program (see H.R. 4100) [21MR]
National Penny Charity Week: designate (see H.J. Res. 415) [27SE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
Depts. of Labor, HHS, Education, and related agencies: making
appropriations (H.R. 4606) [13SE]
PORTMAN, ROB (a Representative from Ohio)
Bills and resolutions introduced by
House Rules: require two-thirds vote to disallow germane
amendments (see H. Res. 438) [24MY]
Law enforcement: inclusion of street gang activities as a basis
for determining reasonable suspicion (see H.R. 4441) [17MY]
Members of Congress: ensure equal coverage and benefits as private
citizens under national health care system (see H. Res. 434)
[23MY]
Tariff: self-folding telescopic shaft collapsible umbrellas (see
H.R. 4023) [11MR]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
PORTUGUESE AMERICANS
Bills and resolutions
Portuguese American Friendship Day: designate (see H.J. Res. 371)
[26MY]
POSHARD, GLENN (a Representative from Illinois)
Bills and resolutions introduced by
SBA: establish accredited lenders program for qualified State and
local development companies (see H.R. 4723) [12JY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
POST OFFICE, U.S.
see Postal Service
POSTAGE AND STAMPS
Bills and resolutions
Crime: extend mail fraud prohibitions to include private and
commercial interstate carriers (see H.R. 4069) [17MR]
Jewish War Veterans: issue commemorative postage stamp honoring
anniversary (see H. Con. Res. 199) [25JA]
Postal Service: authority to issue civil investigative demands
relative to mail fraud investigations (see H.R. 4071) [17MR]
------forfeiture of property in mail or wire fraud investigations
and allocation of proceeds from forfeitures (see H.R. 4070)
[17MR]
POSTAL INSPECTION SERVICE AND INSPECTOR GENERAL ACT
Reports filed
Provisions: Committee on Post Office and Civil Service (House)
(H.R. 4400) (H. Rept. 103-561) [27JN]
POSTAL SERVICE
Appointments
Conferees: H.R. 4539, Dept. of the Treasury, Postal Service,
Executive Office of the President, and independent agencies
appropriations [16AU]
Bills and resolutions
Alvaro de Lugo U.S. Post Office, Saint Thomas, VI: designate (see
H.R. 4190) [13AP]
Arturo R. Watlington, Sr., U.S. Post Office, Saint Thomas, VI:
designate (see H.R. 4192) [13AP]
Aubrey C. Ottley U.S. Post Office, Saint Thomas, VI: designate
(see H.R. 4191) [13AP]
Candace White U.S. Post Office, Middletown, NJ: designate (see
H.R. 4177) [12AP]
Commercial mail receiving agencies: treatment of change-of-address
orders (see H.R. 4762) [14JY]
Committee on Standards of Official Conduct (House): investigation
of House Post Office activity relative to violations of House
Rules or embezzlement of public funds by Members of Congress
(see H. Res. 375) [2MR]
Consumers: notification of consumers on lists compiled for sale to
businesses (see H.R. 4353) [5MY]
Credit cards: limit unauthorized use by discouraging theft of
cards that are mailed (see H.R. 4039) [16MR]
Crime: authority to issue civil investigative demands relative to
mail fraud investigations (see H.R. 4071) [17MR]
------forfeiture of property in mail or wire fraud investigations
and allocation of proceeds from forfeitures (see H.R. 4070)
[17MR]
Dept. of the Treasury, Postal Service, Executive Office of the
President, and independent agencies: making appropriations
(H.R. 4539), Senate amendments (see H. Res. 479) [14JY]
------making appropriations (H.R. 4539), consideration (see H.
Res. 447) [8JN]
------making appropriations (H.R. 4539), consideration of
conference report (see H. Res. 537) [21SE]
Fannie Lou Hamer U.S. Post Office, Ruleville, MS: designate (see
H.R. 4452) [18MY]
House of Representatives: improve official mail accountability by
repealing franking privilege (see H.R. 5272) [7OC]
------prohibit franked mail (see H.R. 4327) [3MY]
------public release of documents relative to the investigation of
the House Post Office (see H. Res. 450) [9JN]
------require monthly statement of costs for use of frank (see
H.R. 4406) [12MY]
John L. Lawler, Jr., Post Office, Florissant, MO: designate (see
H.R. 4596) [17JN]
John Longo, Jr., Post Office, Waveland, MS: designate (see H.R.
3984) [9MR]
[[Page 2803]]
Private carriage: prohibit penalization for use of private express
services for certain letters and packets (see H.R. 3792) [3FE]
Ubaldina Simmons U.S. Post Office, Saint John, VI: designate (see
H.R. 4193) [13AP]
Motions
Committee on Standards of Official Conduct (House): investigation
of House Post Office activity relative to violations of House
Rules or embezzlement of public funds by Members of Congress
(H. Res. 238) [2MR]
Dept. of the Treasury, Postal Service, Executive Office of the
President, and independent agencies: making appropriations
(H.R. 4539) [15JN] [16AU] [19SE]
------making appropriations (H.R. 4539), conference report [22SE]
[27SE]
Reports by conference committees
Dept. of the Treasury, Postal Service, Executive Office of the
President, and Independent Agencies Appropriations (H.R. 4539)
[20SE] [22SE]
Reports filed
Consideration of Conference Report on H.R. 4539, Dept. of the
Treasury, Postal Service, Executive Office of the President,
and Independent Agencies Appropriations: Committee on Rules
(House) (H. Res. 537) (H. Rept. 103-736) [21SE]
Consideration of H.R. 4539, Dept. of the Treasury, Postal Service,
Executive Office of the President, and Independent Agencies
Appropriations: Committee on Rules (House) (H. Res. 447) (H.
Rept. 103-537) [8JN]
Dept. of the Treasury, Postal Service, Executive Office of the
President, and Independent Agencies Appropriations: committee
of conference (H.R. 4539) (H. Rept. 103-729) [20SE]
------committee of conference (H.R. 4539) (H. Rept. 103-741)
[22SE]
------Committee on Appropriations (House) (H.R. 4539) (H. Rept.
103-534) [26MY] [9JN]
Postal Inspection Service and Inspector General Act: Committee on
Post Office and Civil Service (House) (H.R. 4400) (H. Rept.
103-561) [27JN]
Public Release of Documents Relative to the Investigation of the
House Post Office: Committee on House Administration (House)
(H. Res. 450) (H. Rept. 103-573) [30JN]
Reemployment of Postal Service Retirees in Temporary Positions
Relative to Annuity Offsets: Committee on Post Office and
Civil Service (House) (H.R. 3246) (H. Rept. 103-594) [12JY]
Workplace Safety for Federal and Postal Service Employees:
Committee on Post Office and Civil Service (House) (H.R. 115)
(H. Rept. 103-858) [7OC]
POVERTY
related term(s) Homeless; Hunger
Appointments
Conferees: S. 1569, Minority Health Improvement Act [23MY] [26SE]
------S. 2000, Head Start, LIHEAP, Community Development Block
Grant Program, and Coordinated Services for Children, Youth,
and Families reauthorization [28AP]
Bills and resolutions
Crime: deny Federal benefits to persons convicted of fraudulent
representation of residency in more than one State (see H.R.
4883) [1AU]
Federal aid programs: job opportunity and training programs
relative to independence from welfare system (see H.R. 3742)
[26JA]
------reauthorization of Head Start, LIHEAP, Community Development
Block Grant Program, and Coordinated Services for Children,
Youth, and Families (S. 2000), consideration of conference
report (see H. Res. 421) [11MY]
Food stamps: use of benefits to purchase nutritional supplements
(see H.R. 5219) [6OC]
Health: ensure preservation of group health insurance packages and
prevent discriminatory practices in health care reform
legislation (see H. Con. Res. 256) [16JN]
------establish community-based managed care programs in medically
disadvantaged areas (see H.R. 4294) [21AP]
------evaluation of impact of national policy to provide health
care and reform insurance procedures (see H.R. 4463) [19MY]
------national policy to provide health care and reform insurance
procedures (see H.R. 4816, 4856, 5119, 5300) [22JY] [28JY]
[28SE] [29NO]
------referendum on national health care reform (see H. Con. Res.
310) [6OC]
Health care facilities: authorize grants for free health clinics
that serve uninsured individuals (see H.R. 4431) [17MY]
Housing: establish Federal Housing Trust Fund to provide housing
for low-income families (see H.R. 5275) [7OC]
------improve programs for public and Indian housing (see H.R.
3888) [23FE]
Public Health Service: improve health of disadvantaged individuals
(S. 1569), consideration of conference report (see H. Res.
574) [6OC]
Public welfare programs: require any reform legislation with
employment requirements for AFDC recipients be conditional on
State unemployment rate (see H. Con. Res. 226) [17MR]
Social Security Act: technical amendments (see H.R. 5252) [7OC]
SSI: provide benefits to needy children for health, child care,
and other support services (see H.R. 3737) [26JA]
Surplus Government property: distribution to nonprofit
organizations providing assistance to the hungry or indigent
(see H.R. 4392) [11MY]
Messages
Work and Responsibility Act: President Clinton [21JN]
Motions
Federal aid programs: reauthorization of Head Start, LIHEAP,
Community Development Block Grant Program, and Coordinated
Services for Children, Youth, and Families (S. 2000) [28AP]
Public Health Service: improve health of disadvantaged individuals
(S. 1569) [23MY]
Reports by conference committees
Head Start, LIHEAP, Community Development Block Grant Program, and
Coordinated Services for Children, Youth, and Families
Reauthorization (S. 2000) [9MY]
Minority Health Improvement Act (S. 1569) [6OC]
Reports filed
Consideration of Conference Report on S. 1569, Minority Health
Improvement Act: Committee on Rules (House) (H. Res. 574) (H.
Rept. 103-845) [6OC]
Consideration of Conference Report on S. 2000, Reauthorization of
Certain Federal Aid Programs: Committee on Rules (House) (H.
Res. 421) (H. Rept. 103-502) [11MY]
Head Start, LIHEAP, Community Development Block Grant Program, and
Coordinated Services for Children, Youth, and Families
Reauthorization: committee of conference (S. 2000) (H. Rept.
103-497) [9MY]
Head Start Program and Community Development Block Grant Program
Reauthorization: Committee on Education and Labor (House)
(H.R. 4250) (H. Rept. 103-483) [26AP]
Minority Health Improvement Act: committee of conference (S. 1569)
(H. Rept. 103-843) [6OC]
National Policy To Provide Health Care and Reform Insurance
Procedures: Committee on Education and Labor (House) (H.R.
3960) (H. Rept. 103-618) [22JY]
Transfer to States Certain Surplus Property for Donation to
Impoverished Individuals: Committee on Government Operations
(House) (H.R. 2461) (H. Rept. 103-656) [3AU]
Urban Recreation and At-Risk Youth Act: Committee on Natural
Resources (House) (H.R. 4034) (H. Rept. 103-444) [21MR]
POWER RESOURCES
related term(s) Conservation of Energy; Petroleum
Appointments
Conferees: S. 2000, Head Start, LIHEAP, Community Development
Block Grant Program, and Coordinated Services for Children,
Youth, and Families reauthorization [28AP]
Bills and resolutions
Appalachian Coal Heritage Area: establish (see H.R. 4692) [30JN]
Dept. of Energy Facilities Closure and Reconfiguration Commission:
establish (see H.R. 3782) [2FE]
Energy: extensions and modifications of certain hydro and
renewable energy programs (see H.R. 5247) [7OC]
Energy and water development: making appropriations (see H.R.
4506) [26MY]
Federal aid programs: reauthorization of Head Start, LIHEAP,
Community Development Block Grant Program, and Coordinated
Services for Children, Youth, and Families (S. 2000),
consideration of conference report (see H. Res. 421) [11MY]
Federal Power Marketing Administration: transfer of property and
equipment to public and private entities (see H.R. 3780) [2FE]
FERC: extension of deadline for construction of hydroelectric
project in Ohio (see H.R. 5031) [13SE]
------hydroelectric license extension (see H.R. 4911) [5AU]
Madera-Chowchilla Power Authority: provide loan (see H.R. 5099)
[26SE]
Mancos Water Conservancy District, CO: construction of
hydroelectric plant (see H.R. 4523) [26MY]
Nuclear energy: authorize the Dept. of Energy fusion research and
development programs to direct U.S. participation in the
International Thermonuclear Experimental Reactor (see H.R.
4553) [9JN]
------safe disposal of spent fuel (see H.R. 4887) [2AU]
Pipelines: mandatory one-call system to protect underground
facilities from damage by any excavation (see H.R. 5248) [7OC]
Radioactive substances: clarify Federal obligation to take title
and possession of high-level radioactive waste and establish
an interim spent nuclear fuel storage facility (see H.R. 5057)
[19SE]
Strategic petroleum reserve: management (see H.R. 4750, 4752)
[13JY]
Taxation: treatment of tar sands relative to production of fuels
from nonconventional sources and minimum tax preference for
intangible drilling costs (see H.R. 4532) [26MY]
Weatherization programs: reauthorize appropriations (see H.R.
4751) [13JY]
Messages
European Atomic Energy Community: President Clinton [9MR]
Motions
Energy and water development: making appropriations (H.R. 4506),
conference report [1AU] [10AU]
Federal aid programs: reauthorization of Head Start, LIHEAP,
Community Development Block Grant Program, and Coordinated
Services for Children, Youth, and Families (S. 2000) [28AP]
Reports by conference committees
Energy and Water Development Appropriations (H.R. 4506) [4AU]
Head Start, LIHEAP, Community Development Block Grant Program, and
Coordinated Services for Children, Youth, and Families
Reauthorization (S. 2000) [9MY]
Reports filed
Consideration of Conference Report on S. 2000, Reauthorization of
Certain Federal Aid Programs: Committee on Rules (House) (H.
Res. 421) (H. Rept. 103-502) [11MY]
Consideration of H.R. 4506, Energy and Water Development
Appropriations: Committee on Rules (House) (H. Res. 449) (H.
Rept. 103-540) [9JN]
Energy and Water Development Appropriations: committee of
conference (H.R. 4506) (H. Rept. 103-672) [4AU]
------Committee on Appropriations (House) (H.R. 4506) (H. Rept.
103-533) [26MY]
Evaluation of Dept. of Energy Research and Development
Laboratories and Consolidation of Technology Transfer
Activities: Committee on Armed Services (House) (H.R. 1432)
(H. Rept. 103-484) [26AP]
------Committee on Science, Space, and Technology (House) (H.R.
1432) (H. Rept. 103-484) [19MY]
Head Start, LIHEAP, Community Development Block Grant Program, and
Coordinated Services for Children, Youth, and Families
Reauthorization: commit-P
[[Page 2804]]
tee of conference (S. 2000) (H. Rept. 103-497) [9MY]
Hydropower Production Settlements with the Confederated Tribes of
the Colville Reservation: Committee on Natural Resources
(House) (H.R. 4757) (H. Rept. 103-685) [8AU]
Management of the Strategic Petroleum Reserve: Committee on Energy
and Commerce (House) (H.R. 4752) (H. Rept. 103-663) [3AU]
Mancos Water Conservancy District, CO, Hydroelectric Plant
Construction: Committee on Natural Resources (House) (H.R.
4523) (H. Rept. 103-790) [3OC]
Petroleum Marketing Practices Act: Committee on Energy and
Commerce (House) (H.R. 1520) (H. Rept. 103-737) [22SE]
Remove Certain Power Facility Size Limitations to Encourage the
Production of Renewable Resource Energy: Committee on Energy
and Commerce (House) (H.R. 4866) (H. Rept. 103-684) [8AU]
Weatherization Programs Appropriations: Committee on Energy and
Commerce (House) (H.R. 4751) (H. Rept. 103-662) [3AU]
PRATT, ELMER (GERONIMO)
Bills and resolutions
Courts: reconsideration of California conviction and investigation
into relative FBI information (see H. Res. 392) [17MR]
PRAYERS
Bills and resolutions
Education: periods of silence in classrooms (see H. Con. Res. 208)
[23FE]
PRESIDENT OF THE UNITED STATES (Bill Clinton)
Appointments
Committee To Notify the President of the Assembly of Congress
[25JA]
Bills and resolutions
Congress: joint session for the State of the Union Message (see H.
Con. Res. 197) [25JA]
------notification of the President of the assembly of Congress
(see H. Res. 325) [25JA]
Messages
Achievements in Aeronautics and Space [10MY]
Addition of South Africa to the Generalized System of Preferences
[21AP]
Addition of Ukraine to the Generalized System of Preferences [3MR]
Agreement Between the U.S. and Greece Relative to Social Security
[26JA]
Agreement Between the U.S. and the People's Republic of China
Relative to Fisheries [20SE]
Alaska's Mineral Resources Report [22FE]
Arctic Research Policy Biennial Report [2MR]
Blocking of Property in the U.S. of Certain Haitian Nationals
[22JN]
CCC Report [8JN]
Chemical and Biological Weapons [23MY]
Compliance of Emigration Laws and Policies With Respect to
Bulgaria [26JA]
Continuation of Emergency With Respect to Yugoslavia [25MY]
Cooperation on the Uses of Atomic Energy for Mutual Defense
Purposes Between the U.S. and the United Kingdom [23MY]
Corp. for Public Broadcasting Report [8MR] [18MY]
Death of Richard M. Nixon--37th President of the U.S. [25AP]
Dept. of HHS Revised Deferral of Budget Authority [3MY]
Dept. of HUD [10MY]
Dept. of Transportation Annual Report [2MR]
Depts. of Labor and HHS Reports [19AU]
District of Columbia Budget Request [4MY]
Economic Report of the President [23FE]
Emigration Laws and Policies of Bulgaria [21JY]
European Atomic Energy Community [9MR]
Export Control Regulations [12JY] [19AU]
Exports to the People's Republic of China [13JY]
Extension of Fishery Agreement With Annex Between the U.S. and
Lithuania [19JY]
Federal Advisory Committees [5MY]
Federal Council on the Aging [11MY]
Federal Labor Relations Authority [3OC]
Federal Prevailing Rate Advisory Committee [14JN]
Federal Railroad Safety Act [2FE]
GATT Implementation Agreements [27SE]
Generalized System of Preferences Relative to Belarus and
Uzbekistan [17AU]
Great Egg Harbor River Report [3FE]
Haitian Embargo [23MY]
Highway Safety Act and the Motor Vehicle Safety Act [3OC]
Imports of Honey From the People's Republic of China [21AP]
International Emergency Economic Powers Act [1AU] [30SE]
Inventory of the Federal Funds Distributed to Public
Telecommunication Entities by Federal Departments and Agencies
[18MY]
Maurice and Manumuskin River and Menantico Creek Report [3FE]
NAFTA Implementation [6OC]
National Emergency With Respect to Angola [12AP] [20SE]
National Emergency With Respect to Haiti [30SE]
National Emergency With Respect to Iran [17MY]
National Emergency With Respect to Iraq [3MR] [2AU]
National Emergency With Respect to Libya [10FE] [19JY]
National Emergency With Respect to the Former Yugoslavia [21JN]
National Endowment for Democracy [5MY]
National Endowment for the Humanities Report [18MY]
National Science Board--Science and Engineering Indicators [9FE]
National Security Strategy [21JY]
National Union for the Total Independence of Angola [17AU]
Nuclear Non-Proliferation Act [17MY]
Panama Canal Commission [12AP]
Peace and Security in Bosnia and Herzegovina [23AU]
Prohibiting Additional Transactions With Haiti [10JN]
Radiation Control for Health and Safety Act [22FE]
Railroad Retirement Board Annual Report [6OC]
Reemployment Act [16MR]
Rescissions and Deferrals of Budget Authority [7FE] [8JN]
Russian Federation's Compliance With Emigration Standards of Trade
Act [21SE]
Sanctions Against Haiti [26AP]
Setting Forth the Federal Budget for 1995 [7FE]
South African Interim Government [8JN]
State of Small Business [1FE]
Termination of the Blocking of Panamanian Government Assets [3OC]
Trade Embargo Against Libya [19JY]
Trade Policy Agenda and Annual Report on the Trade Agreements
Program [8MR]
U.S. Government Activities in the U.N. [19AU]
U.S. Sanctions Relative to Haiti [9MY]
Work and Responsibility Act [21JN]
Reports filed
Joint Economic Report on the Economic Report of the President (H.
Rept. 103-496) [9MY]
PRESIDENTIAL APPOINTMENTS
Reports filed
Postal Inspection Service and Inspector General Act: Committee on
Post Office and Civil Service (House) (H.R. 4400) (H. Rept.
103-561) [27JN]
PRESIDENTIAL COMMISSION ON TELEMEDICINE
Bills and resolutions
Establish (see H.R. 4725) [12JY]
PRESIDENTS OF THE UNITED STATES
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Bills and resolutions
Appropriations: constitutional amendment on line-item veto (see
H.J. Res. 321) [9FE]
Courts: civil immunity from lawsuits (see H.R. 4958) [12AU]
Elections: change election day to first Monday in November and
make election day a legal public holiday (see H.R. 4485)
[24MY]
Nixon, Richard M.: authorize printing of eulogies and encomiums
(see H. Con. Res. 248) [11MY]
------tribute (see H. Res. 411) [25AP]
Presidential Commission on Telemedicine: establish (see H.R. 4725)
[12JY]
Messages
Death of Richard M. Nixon--37th President of the U.S.: President
Clinton [25AP]
Reports filed
Release of John F. Kennedy Assassination Records: Committee on
Government Operations (House) (H.R. 4569) (H. Rept. 103-587)
[12JY]
PRICE, DAVID E. (a Representative from North Carolina)
Appointments
Conferee: H.R. 4556, Dept. of Transportation and related agencies
appropriations [20SE]
PRICES
see Economy
PRINTING
Reports filed
Vegetable Ink Printing Act: Committee on Government Operations
(House) (S. 716) (H. Rept. 103-625) [28JY]
PRISONERS OF WAR
Bills and resolutions
Health: medical benefits for former civilian POW (see H.R. 4118)
[23MR]
National League of Families POW/MIA: display of flag (see H.J.
Res. 369) [24MY]
National POW/MIA Recognition Day: designate (see H.J. Res. 369,
376) [24MY] [13JN]
Veterans: permit disabled former POW to travel on military
aircraft (see H.R. 4513) [26MY]
PRISONS
see Correctional Institutions
PRIVATE ENTERPRISE
see Free Enterprise
PRIZES
see Awards, Medals, Prizes
PROTEST MOVEMENTS
see Public Demonstrations
PRYCE, DEBORAH (a Representative from Ohio)
Bills and resolutions introduced by
Correctional institutions: prevent Federal prisoners from engaging
in activities to increase their strength or fighting abilities
(see H.R. 4087) [17MR]
Tariff: diamond tool and drill blanks (see H.R. 3858) [10FE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
PUBLIC ASSISTANCE PROGRAMS
see Public Welfare Programs
PUBLIC BROADCASTING
related term(s) News Media
Bills and resolutions
Employment: provide access to career information on public
networks and electronic media (see H.R. 4872) [1AU]
Messages
Corp. for Public Broadcasting Report: President Clinton [8MR]
[18MY]
Inventory of the Federal Funds Distributed to Public
Telecommunication Entities by Federal Departments and
Agencies: President Clinton [18MY]
PUBLIC BUILDINGS
Bills and resolutions
Alvaro de Lugo U.S. Post Office, Saint Thomas, VI: designate (see
H.R. 4190) [13AP]
Arturo R. Watlington, Sr., U.S. Post Office, Saint Thomas, VI:
designate (see H.R. 4192) [13AP]
Aubrey C. Ottley U.S. Post Office, Saint Thomas, VI: designate
(see H.R. 4191) [13AP]
Brien McMahon Federal Building, Bridgeport, CT: designate (see
H.R. 3724) [25JA]
Candace White U.S. Post Office, Middletown, NJ: designate (see
H.R. 4177) [12AP]
Edward J. Schwartz Courthouse and Federal Building, San Diego, CA:
designate (see H.R. 3770) [2FE]
Fannie Lou Hamer U.S. Post Office, Ruleville, MS: designate (see
H.R. 4452) [18MY]
Government: leasing requirements (see H.R. 4972) [16AU]
Holder-Noland Federal Building and U.S. Courthouse, Indianapolis,
IN: designate (see H.R. 4501) [26MY]
[[Page 2805]]
Jamie L. Whitten Federal Building, Washington, DC: designate (see
H.R. 4576) [14JN]
Jean Mayer Human Nutrition Research Center on Aging, Boston, MA:
designate (see H.R. 4204) [13AP]
John L. Lawler, Jr., Post Office, Florissant, MO: designate (see
H.R. 4596) [17JN]
John Longo, Jr., Post Office, Waveland, MS: designate (see H.R.
3984) [9MR]
Matthew J. Perry, Jr., U.S. Courthouse, Columbia, SC: designate
(see H.R. 4543) [8JN]
Medgar Wiley Evers Post Office, Jackson, MS: designate (see H.R.
3863) [10FE]
Sam B. Hall, Jr., Federal Building and U.S. Courthouse, Marshall,
TX: designate (see H.R. 3840) [10FE]
Sammy L. Davis Federal Building, Overland, MO: designate (see H.R.
3914) [24FE]
Theodore Levin Federal Building and U.S. Courthouse, Detroit, MI:
designate (see H.R. 4967) [16AU]
Thomas F. Eagleton U.S. Courthouse, St. Louis, MO: designate (see
H.R. 4790) [19JY]
Ubaldina Simmons U.S. Post Office, Saint John, VI: designate (see
H.R. 4193) [13AP]
William H. Natcher Federal Building and U.S. Courthouse, Bowling
Green, KY: designate (see H.R. 4577) [14JN]
Motions
Hazardous substances: indoor air quality and radon abatement (S.
656) [3OC]
Reports filed
Acquisition of the Old U.S. Mint, San Francisco, CA: Committee on
Public Works and Transportation (House) (H.R. 4812) (H. Rept.
103-634) [1AU]
Brien McMahon Federal Building, Bridgeport, CT: Committee on
Public Works and Transportation (House) (H.R. 3724) (H. Rept.
103-513) [19MY]
Bruce R. Thompson U.S. Courthouse and Federal Building, Reno, NV:
Committee on Public Works and Transportation (House) (H.R.
3110) (H. Rept. 635) [1AU]
Byron White U.S. Courthouse, Denver, CO: Committee on Public Works
and Transportation (House) (H.R. 3693) (H. Rept. 103-456)
[24MR]
Calculation of Public Buildings Transactions: Committee on Public
Works and Transportation (House) (H.R. 2680) (H. Rept. 103-
547) [14JN]
Claude Harris, Jr., Veterans' Medical Center Building, Tuscaloosa,
AL: Committee on Veterans' Affairs (House) (H.R. 4948) (H.
Rept. 103-823) [3OC]
Edward J. Schwartz Courthouse and Federal Building, San Diego, CA:
Committee on Public Works and Transportation (House) (H.R.
3770) (H. Rept. 103-457) [24MR]
Frederick C. Murphy Federal Center, Waltham, MA: Committee on
Public Works and Transportation (House) (S. 1206) (H. Rept.
103-455) [24MR]
Frederick S. Green U.S. Courthouse, Urbana, IL: Committee on
Public Works and Transportation (House) (H.R. 4939) (H. Rept.
103-764) [29SE]
Matthew J. Perry, Jr., U.S. Courthouse, Columbia, SC: Committee on
Public Works and Transportation (House) (H.R. 4543) (H. Rept.
103-636) [1AU]
Sam B. Hall, Jr., Federal Building and U.S. Courthouse, Marshall,
TX: Committee on Public Works and Transportation (House) (H.R.
3840) (H. Rept. 103-514) [19MY]
Theodore Levin Federal Building and U.S. Courthouse, Detroit, MI:
Committee on Public Works and Transportation (House) (H.R.
4967) (H. Rept. 103-762) [29SE]
Thomas D. Lambros Federal Building: Committee on Public Works and
Transportation (House) (H.R. 4727) (H. Rept. 103-638) [1AU]
Thomas F. Eagleton U.S. Courthouse, St. Louis, MO: Committee on
Public Works and Transportation (House) (H.R. 4790) (H. Rept.
103-637) [1AU]
Thurgood Marshall U.S. Courthouse, White Plains, NY: Committee on
Public Works and Transportation (House) (H.R. 4910) (H. Rept.
103-763) [29SE]
Walter B. Jones Federal Building and U.S. Courthouse, Greenville,
NC: Committee on Public Works and Transportation (House) (H.R.
4772) (H. Rept. 103-639) [1AU]
PUBLIC CONTRACTS
see Contracts
PUBLIC DEBT
related term(s) Budget--U.S.
Bills and resolutions
Budget: reform of baseline budgeting, consideration of
rescissions, use of spending cuts for deficit reduction, and
treatment of emergency designation in legislation (see H.R.
4907) [5AU]
------reform of baseline budgeting, consideration of rescissions,
use of spending cuts for deficit reduction, and treatment of
emergency designation in legislation (H.R. 4907),
consideration (see H. Res. 512) [9AU]
GATT: budget cuts to compensate for decreased tariff revenues
relative to implementation (see H. Res. 462) [22JN]
House of Representatives: require rollcall votes on passage of
appropriations, revenue, or public debt limit legislation (see
H. Res. 511) [8AU]
Messages
Economic Report of the President: President Clinton [23FE]
Reports filed
Baseline Budgeting, Rescissions, Spending Cuts for Deficit
Reduction, and Emergency Designation in Federal Budget
Legislation: Committee on Rules (House) (H.R. 4907) (H. Rept.
103-688) [9AU]
Consideration of H.R. 4907, Baseline Budgeting, Rescissions,
Spending Cuts for Deficit Reduction, and Emergency Designation
in Budget Legislation: Committee on Rules (House) (H. Res.
512) (H. Rept. 103-689) [9AU]
PUBLIC DEMONSTRATIONS
Appointments
Conferees: S. 636, Freedom of Access to Clinic Entrances Act
[17MR]
Bills and resolutions
Health care facilities: access to clinic entrances (S. 636),
request conference with the Senate (see H. Res. 374) [2MR]
------access to clinic entrances (S. 636), waiving points of order
against conference report (see H. Res. 417) [4MY]
Motions
Health care facilities: access to clinic entrances (S. 636) [17MR]
------access to clinic entrances (S. 636), conference report [5MY]
Reports by conference committees
Freedom of Access to Clinic Entrances Act (S. 636) [2MY]
Reports filed
Freedom of Access to Clinic Entrances Act: committee of conference
(S. 636) (H. Rept. 103-488) [2MY]
Request Conference With the Senate on S. 636, Freedom of Access to
Clinic Entrances Act: Committee on Rules (House) (H. Res. 374)
(H. Rept. 103-427) [2MR]
Waiving Points of Order Against Conference Report on S. 636,
Freedom of Access to Clinic Entrances Act: Committee on Rules
(House) (H. Res. 417) (H. Rept. 103-493) [4MY]
PUBLIC DOCUMENTS
Bills and resolutions
Congressional Record: require payment from House Members' official
expense account relative to matter printed in the Extensions
of Remarks (see H. Res. 573) [6OC]
``History of the United States House of Representatives'':
authorize printing (see H. Con. Res. 293) [22SE]
House of Representatives: printing of revised edition of Rules and
Manual of the House of Representatives (see H. Res. 580) [7OC]
Library of Congress: protection of books and materials (see H.R.
4248) [19AP]
Nixon, Richard M.: authorize printing of eulogies and encomiums
(see H. Con. Res. 248) [11MY]
O'Neill, Thomas P., Jr.: authorize printing of collection of
eulogies and encomiums (see H. Con. Res. 292) [21SE]
PUBLIC HEALTH CLINICS
see Health Care Facilities
PUBLIC HEALTH SERVICE
related term(s) Health
Appointments
Conferees: H.R. 2659, bone marrow and organ transplant programs
[13AP]
------S. 636, Freedom of Access to Clinic Entrances Act [17MR]
------S. 1569, Minority Health Improvement Act [23MY] [26SE]
Bills and resolutions
Elders, Joycelyn: call for resignation as Surgeon General (see H.
Con. Res. 297) [26SE]
Health: improve health of disadvantaged individuals (S. 1569),
consideration of conference report (see H. Res. 574) [6OC]
------vaccination injury compensation requirements (see H.R. 4970)
[16AU]
Health care facilities: access to clinic entrances (S. 636),
request conference with the Senate (see H. Res. 374) [2MR]
------access to clinic entrances (S. 636), waiving points of order
against conference report (see H. Res. 417) [4MY]
Minorities: improve health (see H.R. 3896) [24FE]
------revise and extend programs to improve the health of
individuals of minority groups (see H.R. 3804) [3FE]
Rural areas: toll-free information on health services availability
in rural areas (see H.R. 4282) [21AP]
Surgeon General: modify eligibility requirements for appointment
(see H.R. 5066) [20SE]
Messages
Radiation Control for Health and Safety Act: President Clinton
[22FE]
Motions
Health: improve health of disadvantaged individuals (S. 1569)
[23MY]
Health care facilities: access to clinic entrances (S. 636) [17MR]
------access to clinic entrances (S. 636), conference report [5MY]
Reports by conference committees
Freedom of Access to Clinic Entrances Act (S. 636) [2MY]
Minority Health Improvement Act (S. 1569) [6OC]
Reports filed
Consideration of Conference Report on S. 1569, Minority Health
Improvement Act: Committee on Rules (House) (H. Res. 574) (H.
Rept. 103-845) [6OC]
Freedom of Access to Clinic Entrances Act: committee of conference
(S. 636) (H. Rept. 103-488) [2MY]
Minority Health Improvement Act: committee of conference (S. 1569)
(H. Rept. 103-843) [6OC]
National Program To Reduce Indoor Air Contaminants: Committee on
Energy and Commerce (House) (H.R. 2919) (H. Rept. 103-719)
[13SE]
Request Conference With the Senate on S. 636, Freedom of Access to
Clinic Entrances Act: Committee on Rules (House) (H. Res. 374)
(H. Rept. 103-427) [2MR]
Revise and Extend Programs to Improve the Health of Individuals of
Minority Groups: Committee on Energy and Commerce (House)
(H.R. 3869) (H. Rept. 103-501) [11MY]
Waiving Points of Order Against Conference Report on S. 636,
Freedom of Access to Clinic Entrances Act: Committee on Rules
(House) (H. Res. 417) (H. Rept. 103-493) [4MY]
PUBLIC LANDS
Appointments
Conferees: S. 21, California Desert Protection Act [4OC]
Bills and resolutions
Arkansas: conveyance of the Corning National Fish Hatchery (see
H.R. 4253) [19AP]
------conveyance of William H. Donham State Fish Hatchery by Dept.
of the Interior (see H.R. 4082) [17MR]
Austin, NV: convey certain lands to the Austin Historical Mining
District Historical Society (see H.R. 3946) [2MR]
California: declare state of emergency on Federal lands due to
wildfires (see H.R. 4742) [13JY]
------designate certain desert lands as wilderness (S. 21),
consideration of the conference report (see H. Res. 568) [5OC]
------establish Death Valley and Joshua Tree National Parks and
Mojave National Monument (S. 21), con-P
[[Page 2806]]
sideration of the conference report (see H. Res. 568) [5OC]
------establish Death Valley and Joshua Tree National Parks and
Mojave National Monument (S. 21), technical corrections in
enrollment (see H. Con. Res. 313) [6OC]
------health and productivity of National Forest System lands and
the use of ecosystem management practices (see H.R. 4068)
[17MR]
Coast Guard: transfer certain property (see H.R. 4436) [17MY]
Dept. of Defense: promote public participation in defense
environmental restoration (see H.R. 4334) [3MY]
Dept. of the Interior: convey certain lands (see H.R. 4715) [30JN]
Dept. of Transportation: transfer administrative jurisdiction of
certain lands to the Cape Hatteras National Seashore
Recreational Area (see H.R. 4364) [5MY]
District of Columbia: authorize lease of property (see H.R. 4599)
[17JN]
Escambia County, FL: convey certain lands to a political
subdivision of Florida (see H.R. 3953) [3MR]
Federal-State relations: increase payments to units of general
local government for entitlement lands (S. 455), consideration
(see H. Res. 565) [4OC]
Forests: forest health improvement programs on Federal lands
through the use of land stewardship contracts (see H.R. 5007)
[20AU]
Fort Sam Houston, TX: convey certain excess real property (see
H.R. 5158) [3OC]
Gates of the Arctic National Park and Preserve: land exchange and
vehicle restrictions (see H.R. 4746, 4754) [13JY]
Gilpin County, CO: Federal land acquisition (see H.R. 5016) [21AU]
Idaho: designate certain lands as wilderness (see H.R. 3732)
[25JA]
Key West, FL: convey land from Key West Naval Air Station (see
H.R. 4740) [13JY]
Montana: designate lands as national forests and release certain
national forest lands (H.R. 2473), consideration (see H. Res.
423) [11MY]
Montauk, NY: transfer Light Station Montauk Point to the Montauk
Historical Society (see H.R. 4611) [21JN]
National Wildlife Refuge System: acquisition of land or waters
relative to revenue sharing payments (see H.R. 4827) [25JY]
Native Americans: declare public domain lands to be held in trust
for the Confederated Tribes of Siletz Indians of Oregon (see
H.R. 4119) [23MR]
------management of Federal lands in a manner that protects
religious practices (see H.R. 4155) [24MR]
New York: exchange of land in the Fire Island National Seashore
for land in Patchogue, NY (see H.R. 5268) [7OC]
Old Spanish Trail: designate as a component of the National Trails
System (see H.R. 4524) [26MY]
Taxation: treatment of income and transactions relative to land
claims and Federal trust relationship with the Catawba Tribe
of South Carolina (see H.R. 4895) [3AU]
Territories: self-government relative to development of articles
of incorporation with the Federal Government (see H.R. 4442)
[17MY]
Texas: convey certain lands in the Sam Houston National Forest to
current occupant (see H.R. 5198) [5OC]
Motions
California: designate certain desert lands as wilderness (H.R.
518) [27JY]
------designate certain desert lands as wilderness (S. 21) [27JY]
[4OC]
------establish Death Valley and Joshua Tree National Parks and
Mojave National Monument (H.R. 518) [27JY]
------establish Death Valley and Joshua Tree National Parks and
Mojave National Monument (S. 21) [27JY] [4OC]
Reports by conference committees
California Desert Protection Act (S. 21) [4OC]
Reports filed
Alaska Native Claims Settlement Act Amendments: Committee on
Natural Resources (House) (H.R. 3612) (H. Rept. 103-805) [3OC]
California Desert Protection Act: committee of conference (S. 21)
(H. Rept. 103-832) [4OC]
------Committee on Natural Resources (House) (H.R. 518) (H. Rept.
103-498) [10MY]
Cape Hatteras National Seashore Recreational Area Administrative
Jurisdiction: Committee on Natural Resources (House) (H.R.
4364) (H. Rept. 103-593) [12JY]
Colorado Land Exchange Between the Forest Service and Eagle and
Pitkin Counties: Committee on Natural Resources (House) (S.
341) (H. Rept. 103-432) [10MR]
Consideration of Conference Report on S. 21, California Desert
Protection Act: Committee on Rules (H. Res. 568) (H. Rept.
103-839) [5OC]
Consideration of H.R. 518, California Desert Protection Act:
Committee on Rules (House) (H. Res. 422) (H. Rept. 103-503)
[11MY]
Consideration of H.R. 2473, Designate Montana Lands as National
Forests and Release Certain National Forest Lands: Committee
on Rules (House) (H. Res. 423) (H. Rept. 103-504) [11MY]
Consideration of S. 455, Payments in Lieu of Taxes Act: Committee
on Rules (House) (H. Res. 565) (H. Rept. 103-830) [4OC]
Consideration Process for Additions to National Parks and
Recreation Areas: Committee on Natural Resources (House) (H.R.
4476) (H. Rept. 103-725) [19SE]
Convey Certain Hopewell Township, PA, Lands to the Beaver County
Corp. for Economic Development: Committee on Public Works and
Transportation (House) (H.R. 4704) (H. Rept. 103-768) [30SE]
Convey Certain Shoshone Federal Reclamation Project Lands to the
Big Horn County School District: Committee on Natural
Resources (House) (H.R. 2614) (H. Rept. 103-811) [3OC]
Conveyance of the Corning National Fish Hatchery to Arkansas:
Committee on Merchant Marine and Fisheries (House) (H.R. 4253)
(H. Rept. 103-586) [12JY]
Designate Certain National Forest Lands in Montana as Wilderness:
Committee on Agriculture (House) (H.R. 2473) (H. Rept. 103-
487) [10MY]
------Committee on Natural Resources (House) (H.R. 2473) (H. Rept.
103-487) [28AP]
Fish, Wildlife, and Natural Resources Management on Military
Installations: Committee on Merchant Marine and Fisheries
(House) (H.R. 3300) (H. Rept. 103-718) [12SE]
Forest Service Land Transfer to the Taos Pueblo Indians of New
Mexico: Committee on Natural Resources (House) (H.R. 3204) (H.
Rept. 103-807) [3OC]
Gates of the Arctic National Park and Preserve Land Exchange and
Vehicle Restrictions: Committee on Natural Resources (House)
(H.R. 4746) (H. Rept. 103-796) [3OC]
Kenai Natives Association Correction of Land Entitlement
Inequities: Committee on Natural Resources (House) (H.R. 3613)
(H. Rept. 103-822) [3OC]
Mount Pleasant National Scenic Area Designation: Committee on
Agriculture (House) (H.R. 2942) (H. Rept. 103-686) [8AU]
Native American Land and Water Claims Technical Amendments:
Committee on Natural Resources (House) (S. 1654) (H. Rept.
103-479) [19AP]
Payments in Lieu of Taxes Act: Committee on Natural Resources
(House) (S. 455) (H. Rept. 103-838) [5OC]
Removal of Certain Restrictions To Permit a Land Exchange in North
Charleston, SC: Committee on Natural Resources (House) (S.
273) (H. Rept. 103-591) [12JY]
Resolution of Arizona Land Claims: Committee on Natural Resources
(House) (S. 1233) (H. Rept. 103-773) [3OC]
------Committee on the Judiciary (House) (S. 1233) (H. Rept. 103-
773) [3OC]
Rocky Mountain National Park Land Protection: Committee on Natural
Resources (House) (H.R. 1716) (H. Rept. 103-592) [12JY]
Santa Fe National Forest Boundary Expansion: Committee on Natural
Resources (House) (H.R. 3964) (H. Rept. 103-680) [8AU]
Settlement of Land Claims By Native Americans in Connecticut:
Committee on Natural Resources (House) (H.R. 4653) (H. Rept.
103-676) [5AU]
Targhee National Forest, ID, Exchange of National Forest System
Lands for Non-Federal Forest Lands in Wyoming: Committee on
Natural Resources (House) (H.R. 3554) (H. Rept. 103-809) [3OC]
Technical Amendments to Legislation Relative to Land and Water
Claims of Native Americans: Committee on Natural Resources
(House) (H.R. 4709) (H. Rept. 103-704) [16AU]
Watershed-Protection Patented Land Lease Regulations in Kaysville
City, UT: Committee on Natural Resources (House) (S. 859) (H.
Rept. 103-590) [12JY]
PUBLIC ROADS
see Roads and Highways
PUBLIC SAFETY
see Safety
PUBLIC UTILITIES
Bills and resolutions
Chelan County, WA: exchange lands with the Wenatachee National
Forest (see H.R. 4993) [18AU]
Nuclear energy: safe disposal of spent fuel (see H.R. 4887) [2AU]
Pipelines: mandatory one-call system to protect underground
facilities from damage by any excavation (see H.R. 4394, 5248)
[11MY] [7OC]
Taxation: treatment of water conservation subsidies (see H.R.
4548) [8JN]
Water: expand the Mni Wiconi rural water supply project of South
Dakota (see H.R. 3954) [3MR]
Reports filed
Antitrust Reform Act: Committee on Energy and Commerce (House)
(H.R. 3626) (H. Rept. 103-559) [24JN]
------Committee on the Judiciary (House) (H.R. 3626) (H. Rept.
103-559) [24JN]
Comprehensive One-Call Notification Act: Committee on Energy and
Commerce (House) (H.R. 4394) (H. Rept. 103-765) [29SE]
------Committee on Public Works and Transportation (House) (H.R.
4394) (H. Rept. 103-765) [30SE]
Expand the Mni Wiconi Rural Water Supply Project of South Dakota:
Committee on Natural Resources (House) (H.R. 3954) (H. Rept.
103-789) [3OC]
Remove Certain Power Facility Size Limitations to Encourage the
Production of Renewable Resource Energy: Committee on Energy
and Commerce (House) (H.R. 4866) (H. Rept. 103-684) [8AU]
PUBLIC WELFARE PROGRAMS
related term(s) Social Security
Bills and resolutions
Aliens: identification of undocumented aliens receiving health
care services (see H.R. 3930) [1MR]
Crime: deny Federal benefits to persons convicted of fraudulent
representation of residency in more than one State (see H.R.
4883) [1AU]
Dept. of HUD: improve the management of the project-based rental
assistance program (see H.R. 5115) [28SE]
Families and domestic relations: strengthen and preserve families
and develop parental education programs (see H.R. 4187) [13AP]
Federal aid programs: job opportunity and training programs
relative to independence from welfare system (see H.R. 3742)
[26JA]
Food stamps: use of benefits to purchase nutritional supplements
(see H.R. 5219) [6OC]
Government: entitlements (see H. Con. Res. 301) [30SE]
------entitlements (H. Con. Res. 301), consideration (see H. Res.
563) [4OC]
Housing: establish Federal Housing Trust Fund to provide housing
for low-income families (see H.R. 5275) [7OC]
------improve programs for public and Indian housing (see H.R.
3888) [23FE]
Social Security: allow States to replace JOBS program with a
program to assist AFDC recipients (see H.R. 4793) [19JY]
------determination of disability benefits relative to drug
trafficking enterprises and ability to engage in gainful
activities (see H.R. 3929) [1MR]
Social Security Act: technical amendments (see H.R. 5252) [7OC]
[[Page 2807]]
SSI: provide benefits to needy children for health, child care,
and other support services (see H.R. 3737) [26JA]
Taxation: credit for employers who hire AFDC recipients (see H.R.
4512) [26MY]
Messages
Work and Responsibility Act: President Clinton [21JN]
Reports filed
Consideration of H. Con. Res. 301, Public Welfare Programs
Entitlements: Committee on Rules (House) (H. Res. 563) (H.
Rept. 103-828) [4OC]
Reduce Waiting Period for Benefits Under the Railroad Unemployment
Insurance Act: Committee on Energy and Commerce (House) (H.R.
4868) (H. Rept. 103-693) [10AU]
PUBLIC WORKS
Bills and resolutions
Amtrak: eliminate funding for certain expenses for pedestrian
bridges (see H.R. 4773) [14JY]
Contracts: private usage and contracting requirements of water or
wastewater facilities funded through tax-exempt municipal
bonds (see H.R. 3904) [24FE]
Dept. of Defense: amend appropriations legislation relative to the
Bonneville Lock and Dam (see H.R. 5241) [7OC]
Economy: establish demonstration program to assist distressed
communities in developing a competitive economic base (see
H.R. 5113) [27SE]
Public Works and Economic Development Act: reauthorizing
appropriations (H.R. 2442), consideration (see H. Res. 420)
[5MY]
Water: expand the Mni Wiconi rural water supply project of South
Dakota (see H.R. 3954) [3MR]
Reports filed
Consideration of H.R. 2442, Public Works and Economic Development
Act Reauthorization: Committee on Rules (House) (H. Res. 420)
(H. Rept. 103-495) [5MY]
Expand the Mni Wiconi Rural Water Supply Project of South Dakota:
Committee on Natural Resources (House) (H.R. 3954) (H. Rept.
103-789) [3OC]
Public Works and Economic Development Act Appropriations:
Committee on Banking, Finance and Urban Affairs (House) (H.R.
2442) (H. Rept. 103-423) [26AP]
------Committee on Public Works and Transportation (House) (H.R.
2442) (H. Rept. 103-423) [10FE]
PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT
Bills and resolutions
Appropriations: reauthorizing (H.R. 2442), consideration (see H.
Res. 420) [5MY]
Reports filed
Appropriations: Committee on Banking, Finance and Urban Affairs
(House) (H.R. 2442) (H. Rept. 103-423) [26AP]
------Committee on Public Works and Transportation (House) (H.R.
2442) (H. Rept. 103-423) [10FE]
Consideration of H.R. 2442, Reauthorization: Committee on Rules
(House) (H. Res. 420) (H. Rept. 103-495) [5MY]
PUERTO RICO, COMMONWEALTH OF
Bills and resolutions
Statehood: plebiscite (see H. Con. Res. 300) [30SE]
Territories: self-government relative to development of articles
of incorporation with the Federal Government (see H.R. 4442)
[17MY]
QUEENS, NY
see New York, NY
QUILLEN, JAMES H. (JIMMY) (a Representative from Tennessee)
Bills and resolutions introduced by
D-Day Widows and Orphans National Recognition Day: designate (see
H.J. Res. 408) [12SE]
Postal Service: prohibit penalization for use of private express
services for certain letters and packets (see H.R. 3792) [3FE]
Public Health Service: modify eligibility requirements for
appointment as Surgeon General (see H.R. 5066) [20SE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
QUINEBAUG AND SHETUCKET RIVERS VALLEY NATIONAL HERITAGE CORRIDOR ACT
Bills and resolutions
Enact (H.R. 1348): consideration of Senate amendment (see H. Res.
575) [6OC]
Reports filed
Consideration of Senate Amendment to H.R. 1348: Committee on Rules
(House) (H. Res. 575) (H. Rept. 103-846) [6OC]
QUINN, JACK (a Representative from New York)
Bills and resolutions introduced by
Explosives: Federal permit requirements for distribution or
receipt of explosives (see H.R. 4345) [4MY]
------waiting period before purchase and Federal permit
requirement for receipt of explosives (see H.R. 3912) [24FE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
RACIAL RELATIONS
Bills and resolutions
Courts: prevent racially discriminatory capital sentencing (see
H.R. 4017) [11MR]
Reports filed
Racially Discriminatory Capital Sentencing: Committee on the
Judiciary (House) (H.R. 4017) (H. Rept. 103-458) [24MR]
RADIATION CONTROL FOR HEALTH AND SAFETY ACT
Messages
Provisions: President Clinton [22FE]
RADIO
related term(s) News Media; Public Broadcasting
Bills and resolutions
Courts: photographing, recording and broadcasting of proceedings
(see H.R. 5307) [29NO]
Employment: provide access to career information on public
networks and electronic media (see H.R. 4872) [1AU]
Telecommunications: prevent harassment through computers or other
two-way telecommunication devices (see H.R. 5015) [21AU]
Messages
Corp. for Public Broadcasting Report: President Clinton [8MR]
[18MY]
Inventory of the Federal Funds Distributed to Public
Telecommunication Entities by Federal Departments and
Agencies: President Clinton [18MY]
RADIOACTIVE SUBSTANCES
Bills and resolutions
Diseases: compensation eligibility requirements relative to
exposure resulting in stomach cancer (see H.R. 4107) [22MR]
Government: compensation of individuals who were subjects in
radiation experiments (see H.R. 3743, 4292) [26JA] [21AP]
Nevada Test Site, NV: environmental restoration study (see H.R.
4359) [5MY]
Radon: improve and increase testing products and services (H.R.
2448), consideration (see H. Res. 491) [27JY]
Shipping industry: transport of equipment intended for cleanup of
radioactive waste under Federal contract (see H.R. 4743)
[13JY]
Veterans: add bronchioloalveolar carcinoma to the list of service-
connected diseases (see H.R. 4156) [24MR]
Messages
Radiation Control for Health and Safety Act: President Clinton
[22FE]
Reports filed
Central Midwest Interstate Low-Level Radioactive Waste Compact:
Committee on Natural Resources (House) (H.R. 4814) (H. Rept.
103-816) [3OC]
Consideration of H.R. 2448, Improve and Increase Radon Testing
Products and Services: Committee on Rules (House) (H. Res.
491) (H. Rept. 103-622) [27JY]
Ocean Radioactive Dumping Ban Act: Committee on Merchant Marine
and Fisheries (House) (H.R. 3982) (H. Rept. 103-522) [23MY]
Radon Testing Products and Services: Committee on Energy and
Commerce (House) (H.R. 2448) (H. Rept. 103-574) [30JN]
RAHALL, NICK JOE, II (a Representative from West Virginia)
Appointments
Conferee: H.R. 322, Mineral Exploration and Development Act [17MY]
------H.R. 965, Child Safety Protection Act [13AP]
------H.R. 2739, Airport and Airway Improvement Act appropriations
[26JY]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[23MY]
------S. 21, California Desert Protection Act [4OC]
------S. 1887, National Highway System Designation Act [29SE]
Bills and resolutions introduced by
Airline industry: collective bargaining agreements relative to
international air service (see H.R. 4957) [12AU]
Dept. of State: restrictions on travel and the use of U.S.
passports in Lebanon (see H. Con. Res. 282) [12AU]
Middle East: peace process relative to attack on Hebron mosque
(see H. Res. 390) [17MR]
National Highway System: designate (see H.R. 4037, 4385) [15MR]
[11MY]
Patents: disclosure of mineral patent information (see H.R. 4573)
[13JN]
Trucking industry: State regulation of motor carriers (see H.R.
5123) [28SE]
------State regulation of motor carriers relative to recyclable
materials and tow truck operations (see H.R. 5028) [12SE]
West Virginia: preservation of lands and structures relative to
coal mining heritage (see H.R. 3988) [9MR]
RAILROAD RETIREMENT BOARD
Bills and resolutions
Railroads: retirement system (see H. Con. Res. 241) [20AP]
Messages
Annual Report: President Clinton [6OC]
RAILROAD UNEMPLOYMENT INSURANCE ACT
Reports filed
Reduce Waiting Period for Benefits: Committee on Energy and
Commerce (House) (H.R. 4868) (H. Rept. 103-693) [10AU]
RAILROADS
related term(s) Cargo Transportation
Bills and resolutions
Amtrak: authorizing appropriations (see H.R. 4111) [22MR]
------eliminate funding for certain expenses for pedestrian
bridges (see H.R. 4773) [14JY]
Federal Railroad Safety Act: amend (see H.R. 4545) [8JN]
Pensions: retirement system (see H. Con. Res. 241) [20AP]
Safety: improve safety at grade crossings and rights-of-way (see
H.R. 4630) [22JN]
Transportation: establish a National Transportation System (see
H.R. 4305) [28AP]
Messages
Federal Railroad Safety Act: President Clinton [2FE]
Railroad Retirement Board Annual Report: President Clinton [6OC]
Reports filed
Amtrak Appropriations: Committee on Energy and Commerce (House)
(H.R. 4111) (H. Rept. 103-698) [11AU]
Federal Railroad Safety Act Amendments: Committee on Energy and
Commerce (House) (H.R. 4545) (H. Rept. 103-655) [3AU]
High-Speed Rail Transportation Development Appropriations:
Committee on Energy and Commerce (House) (H.R. 4867) (H. Rept.
103-692) [10AU]
Reduce Waiting Period for Benefits Under the Railroad Unemployment
Insurance Act: Committee on Energy and Commerce (House) (H.R.
4868) (H. Rept. 103-693) [10AU]
Resolution of Arizona Land Claims: Committee on Natural Resources
(House) (S. 1233) (H. Rept. 103-773) [3OC]
------Committee on the Judiciary (House) (S. 1233) (H. Rept. 103-
773) [3OC]
RAMSTAD, JIM (a Representative from Minnesota)
Bills and resolutions introduced by
Crime: sexual exploitation of children (see H.R. 3993) [9MR]
[[Page 2808]]
Health: inclusion of medical technology advancement in health care
reform legislation (see H. Res. 485) [20JY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
RANCHERS
see Agriculture
RANGEL, CHARLES B. (a Representative from New York)
Appointments
Conferee: H.R. 2739, Airport and Airway Improvement Act
appropriations [26JY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
Mexico-U.S. Interparliamentary Group [17MR]
Bills and resolutions introduced by
Dept. of the Treasury, Postal Service, Executive Office of the
President, and independent agencies: making appropriations
(H.R. 4539), Senate amendments (see H. Res. 479) [14JY]
Health care professionals: provide incentives for physicians to
practice in rural medically underserved areas (see H.R. 4561)
[9JN]
Malcolm X: designate national holiday and day of prayer and
remembrance (see H.J. Res. 323) [10FE]
Son-in-Law Day: designate (see H.J. Res. 348) [24MR]
RAVEN (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 4733, 4890) [12JY] [2AU]
RAVENEL, ARTHUR, JR. (a Representative from South Carolina)
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
REAL ESTATE
see Real Property
REAL PROPERTY
Bills and resolutions
Bankruptcy: debtor obligations under unexpired leases of personal
property (see H.R. 4474) [23MY]
------limit value of certain real and personal property relative
to exemptions under State or local laws (see H.R. 4493) [25MY]
Dept. of HUD: mortgage insurance program mortgage limitation
amount (see H.R. 4396) [11MY]
------reform the single family mortgage insurance program (see
H.R. 4484) [24MY]
District of Columbia: authorize lease of property (see H.R. 4599)
[17JN]
------confirm and enforce limitations on the height of buildings
and roof structures (see H.R. 4243) [18AP]
Endangered species: conservation of threatened and endangered
species (see H.R. 3978) [8MR]
RTC: require competitive procedures for procuring property and
services (see H.R. 5251) [7OC]
Rural areas: establish rural development strategy (see H.R. 5086)
[23SE]
Taxation: apply exclusion of gain from sale of a principal
residence relative to unemployment (see H.R. 5021) [23AU]
------one-time exclusion of gain from the sale of farmland to a
beginning farmer (see H.R. 5014) [21AU]
Messages
Blocking of Property in the U.S. of Certain Haitian Nationals:
President Clinton [22JN]
Reports filed
Calculation of Public Buildings Transactions: Committee on Public
Works and Transportation (House) (H.R. 2680) (H. Rept. 103-
547) [14JN]
Improving the Management of the FmHA Single-Family Housing
Portfolio Through Centralized Servicing and Mortgage
Escrowing: Committee on Government Operations (House) (H.
Rept. 103-609) [19JY]
RECESSION
see Economy
RECREATION AREAS
see Parks and Recreation Areas
RECREATIONAL BOATING SAFETY IMPROVEMENT ACT
Reports filed
Provisions: Committee on Merchant Marine and Fisheries (House)
(H.R. 3786) (H. Rept. 103-445) [21MR]
RECREATIONAL VEHICLES
Reports filed
Recreational Boating Safety Improvement Act: Committee on Merchant
Marine and Fisheries (House) (H.R. 3786) (H. Rept. 103-445)
[21MR]
Recreational Boating Safety Programs: Committee on Merchant Marine
and Fisheries (House) (H.R. 4477) (H. Rept. 103-849) [7OC]
REED, JACK (a Representative from Rhode Island)
Appointments
Conferee: H.R. 6, education programs appropriations [20SE]
------H.R. 1804, Goals 2000--Educate America Act [23FE] [11MR]
------H.R. 4299, intelligence services appropriations [13SE]
Bills and resolutions introduced by
Ab-Original (vessel): certificate of documentation (see H.R. 3806)
[3FE]
Copyrights: fee exemptions for performance or broadcast of certain
musical works and establishment of court-annexed arbitration
process for fee disputes (see H.R. 4936) [10AU]
Courts: designate certain retired bankruptcy and magistrate judges
as senior judges (see H.R. 4154) [24MR]
Firearms: tort liability for dealers who transfer firearms in
violation of Federal law (see H.R. 4001) [10MR]
Isabelle (vessel): certificate of documentation (see H.R. 4731)
[12JY]
National Neighbor Day: designate (see H.J. Res. 354) [14AP]
Ships and vessels: licensing of a vessel for employment in the
coastwise trade and fisheries of the U.S. (see H.R. 5067)
[20SE]
States: require reporting of certain crime information to the FBI
(see H.R. 5152) [30SE]
REEL TOY (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 4319) [28AP]
REEMPLOYMENT ACT
Messages
Provisions: President Clinton [16MR]
REFUGEES
related term(s) Immigration
Bills and resolutions
Cuban Democracy Act: repeal (see H.R. 4941) [11AU]
Haiti: support democracy restoration, grant temporary protected
status to alien Haitians in U.S., and terminate migrant
interdiction agreement (see H.R. 4264) [20AP]
Immigration: authorizing appropriations for refugee and entrant
assistance (see H.R. 4176) [12AP]
------eliminate the accelerated permanent-residency status process
for Cuban nationals (see H.R. 3854) [10FE]
Immigration and Nationality Act: use of visas under the diversity
transition program (see H.R. 3859) [10FE]
Iraq: prohibit entry of Iraqi veterans of the Persian Gulf
Conflict (see H.R. 4313) [28AP]
REFUSE DISPOSAL
related term(s) Sewage Disposal
Bills and resolutions
Government regulations: State control of municipal solid waste
transportation and disposal (see H.R. 4683, 5250) [29JN] [7OC]
------State control of municipal solid waste transportation and
disposal (H.R. 4683), consideration (see H. Res. 552) [27SE]
Hazardous substances: regulation of the burning of waste in cement
kilns (see H.R. 4984) [18AU]
Public works: private usage and contracting requirements of water
or wastewater facilities funded through tax-exempt municipal
bonds (see H.R. 3904) [24FE]
States: limit out-of-State solid waste disposal (H.R. 4779),
consideration (see H. Res. 551) [27SE]
Motions
States: limit out-of-State solid waste disposal (H.R. 4779),
consideration (H. Res. 551) [28SE]
Reports filed
Consideration of Conference Report on H.R. 4556, Dept. of
Transportation and Related Agencies Appropriations: Committee
on Rules (House) (H. Res. 553) (H. Rept. 103-758) [27SE]
Consideration of H.R. 4683, State Control of Municipal Solid Waste
Transportation and Disposal: Committee on Rules (House) (H.
Res. 552) (H. Rept. 103-757) [27SE]
Consideration of H.R. 4779, Limit Out-of-State Solid Waste
Disposal: Committee on Rules (House) (H. Res. 551) (H. Rept.
103-756) [27SE]
Indian Lands Open Dump Cleanup Act: Committee on Natural Resources
(House) (S. 720) (H. Rept. 103-783) [3OC]
Limit Out-of-State Solid Waste Disposal: Committee on Energy and
Commerce (House) (H.R. 4779) (H. Rept. 103-720) [16SE]
State Control of Municipal Solid Waste Transportation and
Disposal: Committee on Energy and Commerce (House) (H.R. 4683)
(H. Rept. 103-738) [22SE]
REGULA, RALPH (a Representative from Ohio)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Conferee: H.R. 3759, making supplemental appropriations [10FE]
------H.R. 4556, Dept. of Transportation and related agencies
appropriations [20SE]
------H.R. 4602, Dept. of the Interior and related agencies
appropriations [13SE]
Bills and resolutions introduced by
GATT: implementation of certain code sections (see H.R. 4206)
[13AP]
Medicare: preventive health care screening examination program
(see H.R. 4988) [18AU]
------prospective payment wage index modifier for rural hospitals
(see H.R. 5276) [7OC]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
Dept. of the Interior and related agencies: making appropriations
(H.R. 4602) [13SE]
RELIGION
Bills and resolutions
Constitutional amendments: free exercise of religion (see H.J.
Res. 407) [12SE]
Education: periods of silence in classrooms (see H. Con. Res. 208)
[23FE]
EEOC: guidelines relative to religious harassment in employment
(see H. Con. Res. 265) [12JY]
Native Americans: management of Federal lands in a manner that
protects religious practices (see H.R. 4155) [24MR]
Reports filed
Use of Peyote by Native Americans for Religious Purposes:
Committee on Natural Resources (House) (H.R. 4230) (H. Rept.
103-675) [5AU]
RENDEZVOUS (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 4552) [8JN]
RENO, NV
Reports filed
Bruce R. Thompson U.S. Courthouse and Federal Building, Reno, NV:
Committee on Public Works and Transportation (House) (H.R.
3110) (H. Rept. 635) [1AU]
REPUBLICAN PARTY
Bills and resolutions
Committees of the House: designate minority membership (see H.
Res. 335) [2FE]
RESEARCH
related term(s) Science; Technology
Appointments
Conferees: H.R. 820, National Competitiveness Act [19JY] [25JY]
National Urban Air Toxics Research Center [22JY]
Bills and resolutions
Dept. of Energy: authorize hydrogen and fusion research and
development programs, and nuclear and high energy physics
programs (H.R. 4908), consideration (see H. Res. 515) [10AU]
Diseases: authorize study of breast and prostate cancer (see H.R.
5257) [7OC]
Drugs: prohibit research relative to legalization (see H.R. 3991)
[9MR]
[[Page 2809]]
Endangered species: conservation of threatened and endangered
species (see H.R. 3978) [8MR]
Health: studies and programs relative to traumatic brain injuries
(S. 725), corrections in engrossment of House amendment (see
H. Res. 534) [20SE]
National Indian Research Institute: establish (see H.R. 4783)
[19JY]
NIH: establish a center for rare disease research (see H.R. 5173)
[4OC]
Nuclear energy: authorize the Dept. of Energy fusion research and
development programs to direct U.S. participation in the
International Thermonuclear Experimental Reactor (see H.R.
4553) [9JN]
Power resources: reauthorize weatherization programs
appropriations (see H.R. 4751) [13JY]
Radioactive substances: compensation of individuals who were
subjects in Government radiation experiments (see H.R. 3743,
4292) [26JA] [21AP]
Messages
Arctic Research Policy Biennial Report: President Clinton [2MR]
Motions
Agriculture: protection of new varieties of plants (S. 1406)
[12AU]
Dept. of Commerce: authorizing appropriations for the Technology
Administration and the National Institute of Standards and
Technology (H.R. 820) [19JY] [27SE] [28SE]
Technology: enhance manufacturing technology (H.R. 820) [19JY]
[27SE] [28SE]
Reports filed
Collection of Application Fees for Medical Device Approvals:
Committee on Energy and Commerce (House) (H.R. 4864) (H. Rept.
103-751) [26SE]
Compensation for Persian Gulf Conflict Veterans and Increased
Research Relative to Illnesses Attributed to Service During
Conflict: Committee on Veterans' Affairs (House) (H.R. 4386)
(H. Rept. 103-669) [4AU]
Consideration of H.R. 3870, Research and Development of
Environmental Technology: Committee on Rules (House) (H. Res.
483) (H. Rept. 103-613) [20JY]
Consideration of H.R. 4908, Hydrogen and Fusion Research and
Development Programs, and Nuclear and High Energy Physics
Programs Authorization: Committee on Rules (House) (H. Res.
515) (H. Rept. 103-695) [10AU]
Cooperation of Dept. of Energy Laboratories With Private Sector To
Enhance Economic and Technological Competitiveness: Committee
on Energy and Commerce (House) (S. 473) (H. Rept. 103-611)
[19JY]
Evaluation of Dept. of Energy Research and Development
Laboratories and Consolidation of Technology Transfer
Activities: Committee on Armed Services (House) (H.R. 1432)
(H. Rept. 103-484) [26AP]
------Committee on Science, Space, and Technology (House) (H.R.
1432) (H. Rept. 103-484) [19MY]
Government Regulations on Orphan Drugs: Committee on Energy and
Commerce (House) (H.R. 4865) (H. Rept. 103-746) [26SE]
High-Speed Rail Transportation Development Appropriations:
Committee on Energy and Commerce (House) (H.R. 4867) (H. Rept.
103-692) [10AU]
Hydrogen and Fusion Research and Development Programs, and Nuclear
and High Energy Physics Programs Authorization: Committee on
Science, Space, and Technology (House) (H.R. 4908) (H. Rept.
103-674) [5AU]
Misused Science--The National Cancer Institute's Elimination of
Mammography Guidelines for Women in Their Forties: Committee
on Government Operations (House) (H. Rept. 103-863) [29NO]
NASA Appropriations: Committee on Science, Space, and Technology
(House) (H.R. 4489) (H. Rept. 103-654) [3AU]
National Undersea Research Program: Committee on Merchant Marine
and Fisheries (House) (H.R. 4236) (H. Rept. 103-850) [7OC]
Research and Development of Environmental Technology: Committee on
Science, Space, and Technology (House) (H.R. 3870) (H. Rept.
103-536) [8JN]
Risk Assessment Improvement Act: Committee on Science, Space, and
Technology (House) (H.R. 4306) (H. Rept. 103-857) [7OC]
Water Desalination Act: Committee on Natural Resources (House)
(H.R. 4944) (H. Rept. 103-821) [3OC]
Weatherization Programs Appropriations: Committee on Energy and
Commerce (House) (H.R. 4751) (H. Rept. 103-662) [3AU]
RESOLUTION TRUST CORP.
related term(s) Financial Institutions
Bills and resolutions
Contracts: require competitive procedures for procuring property
and services (see H.R. 5251) [7OC]
Employment: exemption from overtime provisions for RTC contractor
or subcontractor employees (see H.R. 5151) [30SE]
RETIREMENT PROTECTION ACT
Reports filed
Provisions: Committee on Education and Labor (House) (H.R. 3396)
(H. Rept. 103-632) [26AU]
------Committee on Ways and Means (House) (H. 3396) (H. Rept. 103-
632) [29JY]
REVENUE SHARING
see Federal Aid Programs
REYNOLDS, MEL (a Representative from Illinois)
Bills and resolutions introduced by
Crime: Federal penalties for child molestation (see H.R. 4450)
[18MY]
House Rules: require temporary step aside of chairman or ranking
minority party member who is indicted (see H. Res. 448) [8JN]
Taxation: treatment of interest and dividends relative to
deductions allowed corporations (see H.R. 5124) [28SE]
RICHARDSON, BILL (a Representative from New Mexico)
Appointments
Canada-U.S. Interparliamentary Group [18MY]
Conferee: H.R. 820, National Competitiveness Act [19JY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------H.R. 4299, intelligence services appropriations [13SE]
------S. 21, California Desert Protection Act [4OC]
------S. 1569, Minority Health Improvement Act [23MY]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Cesar E. Chavez Day: designate (see H.J. Res. 356) [18AP]
Dept. of Energy: retirement incentive for certain employees of
national laboratories in California (see H.R. 4417) [12MY]
Diseases: fetal alcohol syndrome prevention program (see H.R.
3783) [2FE]
Forest Service: National forest system funding allocations (see
H.R. 4009) [10MR]
Hazardous substances: use of mercury in disposable batteries (see
H.R. 4528) [26MY]
Indian Trust Funds: management reform (see H.R. 4833) [26JY]
Native Americans: administrative procedures for recognition of
Indian groups (see H.R. 4462) [19MY]
------clarify privileges and immunities of tribal governments (see
H.R. 4231) [14AP]
------enforcement of certain solid waste laws relative to leaking
underground storage tanks on Indian lands (see H.R. 4229)
[14AP]
------home ownership financing and economic development near
reservations (see H.R. 5277) [7OC]
------management of Federal lands in a manner that protects
religious practices (see H.R. 4155) [24MR]
------provide social services block grants directly to Indian
tribes (see H.R. 4162) [24MR]
------specify certain contract terms between the U.S. and tribal
governments (see H.R. 4842) [27JY]
------technical amendments to legislation relative to land and
water claims (see H.R. 4709) [30JN]
------use of peyote for religious purposes (see H.R. 4230) [14AP]
Rio Puerco watershed: improve water quality and management
practices (see H.R. 4010) [10MR]
Rivers: establish a national registry of rivers and watersheds to
be protected and restored (see H.R. 4213) [14AP]
Santa Fe National Forest: expand boundaries (see H.R. 3964) [7MR]
States: transportation of municipal solid waste (see H.R. 4643)
[23JN]
Taxation: allow credit for businesses that provide work
experiences for high school students (see H.R. 4207) [13AP]
Telecommunications: participation of small businesses, rural
telephone companies and minority-owned businesses in spectrum
auctions (see H.R. 4682) [29JN]
Motions offered by
California: designate certain desert lands as wilderness (S. 21)
[4OC]
------establish Death Valley and Joshua Tree National Parks and
Mojave National Monument (S. 21) [4OC]
RIDGE, THOMAS J. (a Representative from Pennsylvania)
Appointments
Conferee: H.R. 820, National Competitiveness Act [19JY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------H.R. 3841, Interstate Banking Efficiency Act [12MY]
Bills and resolutions introduced by
Housing: grants for economic development activities relative to
certain loan guarantees (see H.R. 3793) [3FE]
Van Meter, Victoria: designate as an honorary goodwill ambassador
for the U.S. (see H. Con. Res. 224) [16MR]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
RIO PUERCO WATERSHED ACT
Reports filed
Provisions: Committee on Natural Resources (House) (S. 1919) (H.
Rept. 103-820) [3OC]
RISK ASSESSMENT IMPROVEMENT ACT
Reports filed
Provisions: Committee on Science, Space, and Technology (House)
(H.R. 4306) (H. Rept. 103-857) [7OC]
RIVERS
related term(s) Water
Bills and resolutions
Coeur d'Alene Basin Management Conference: convene (see H.R. 4962)
[12AU]
Coeur d'Alene Basin Restoration Corp.: establish (see H.R. 4961)
[12AU]
Corpus Christi, TX: negotiations with the Bureau of Reclamation
relative to the Choke Canyon Reservoir-Nueces River project
(see H.R. 4631) [22JN]
Dept. of Defense: amend appropriations legislation relative to the
Bonneville Lock and Dam (see H.R. 5241) [7OC]
Hudson and Mohawk Rivers National Heritage Corridor: establish
(see H.R. 4147) [24MR]
Oregon: emergency repair work on Crooked River Project, Ochoco Dam
(see H.R. 3833) [9FE]
Quinebaug and Shetucket Rivers Valley National Heritage Corridor:
establish (H.R. 1348), consideration of Senate amendment (see
H. Res. 575) [6OC]
Rock Creek: study proposal to designate as component of the Wild
and Scenic Rivers System (see H.R. 5107) [26SE]
San Joaquin River: prohibit the restoration of certain flows in
the (see H.R. 5309) [29NO]
Water: conservation and development of resources, and river and
harbor improvement projects (see H.R. 4886) [2AU]
Yakima River: authorize certain elements of the basin water
enhancement project (see H.R. 5148) [30SE]
Messages
Great Egg Harbor River Report: President Clinton [3FE]
Maurice and Manumuskin River and Menantico Creek Report: President
Clinton [3FE]
[[Page 2810]]
Reports filed
Conservation and Development of Resources, and River and Harbor
Improvement Projects: Committee on Public Works and
Transportation (House) (H.R. 4460) (H. Rept. 103-770) [30SE]
Consideration of Senate Amendment to H.R. 1348, Quinebaug and
Shetucket Rivers Valley National Heritage Corridor Act:
Committee on Rules (House) (H. Res. 575) (H. Rept. 103-846)
[6OC]
Designate Lower Salmon River Segment as a Component of the Wild
and Scenic Rivers System: Committee on Natural Resources
(House) (H.R. 4083) (H. Rept. 103-788) [3OC]
Designating Segment of Farmington River as Component of Wild and
Scenic Rivers System: Committee on Natural Resources (House)
(H.R. 2815) (H. Rept. 103-430) [10MR]
Designating Segment of Rio Grande River as Component of Wild and
Scenic Rivers System: Committee on Natural Resources (House)
(S. 375) (H. Rept. 103-431) [10MR]
Rio Puerco Watershed Act: Committee on Natural Resources (House)
(S. 1919) (H. Rept. 103-820) [3OC]
Yakima River Basin Water Enhancement Project: Committee on Natural
Resources (House) (H.R. 1690) (H. Rept. 103-644) [1AU]
ROADS AND HIGHWAYS
Appointments
Conferees: S. 1887, National Highway System Designation Act [29SE]
Bills and resolutions
Federal-state relations: conversion of signs to metric units (see
H.R. 3766) [2FE]
Highway demonstration projects: funding (see H.R. 3781) [2FE]
Kulpsville, PA: authorize comprehensive transportation improvement
program (see H.R. 5224) [6OC]
Motor vehicles: length and weight limitations for vehicles on
Federal-aid highways (see H.R. 4496) [25MY]
National Highway System: designate (H.R. 4385), consideration (see
H. Res. 440) [24MY]
Transportation: establish a National Transportation System (see
H.R. 4305) [28AP]
Trucking industry: violence against truckers (see H. Con. Res.
228) [21MR]
Messages
Highway Safety Act and the Motor Vehicle Safety Act: President
Clinton [3OC]
Motions
National Highway System: designate (S. 1887) [29SE]
Reports filed
Chickamauga and Chattanooga National Military Park in Georgia:
Committee on Natural Resources (H.R. 3516) (H. Rept. 103-437)
[18MR]
Consideration of H.R. 4385, National Highway System Designation
Act: Committee on Rules (House) (H. Res. 440) (H. Rept. 103-
528) [24MY]
National Highway System Designation Act: Committee on Public Works
and Transportation (House) (H.R. 4385) (H. Rept. 103-519)
[19MY]
ROBERTS, PAT (a Representative from Kansas)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Conferee: H.R. 6, education programs appropriations [20SE]
------H.R. 322, Mineral Exploration and Development Act [20MY]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------H.R. 3841, Interstate Banking Efficiency Act [12MY]
Bills and resolutions introduced by
Agriculture: conservation plan compliance deadlines for certain
croplands damaged by weather conditions (see H.R. 3794) [3FE]
Dept. of Agriculture: establish a Safe Meat and Poultry Inspection
Panel (see H.R. 5172) [4OC]
Government: preparation of private property taking impact analyses
(see H.R. 4418) [12MY]
Roads and highways: conversion of signs to metric units (see H.R.
3766) [2FE]
Smithsonian Institution: context and portrayal of the Armed Forces
in the National Air and Space Museum Enola Gay exhibit (see H.
Res. 531) [19SE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
Committees of the House: expenses for investigations and studies
(H. Res. 369) [22MR]
ROEMER, TIM (a Representative from Indiana)
Appointments
Conferee: H.R. 6, education programs appropriations [20SE]
------H.R. 820, National Competitiveness Act [19JY]
------H.R. 1804, Goals 2000--Educate America Act [23FE] [11MR]
Bills and resolutions introduced by
Committee on Foreign Affairs (House): hearing to determine foreign
policy implications of proposed U.S.-Russian space station
(see H. Res. 389) [16MR]
NASA: termination of International Space Station Alpha program
(see H.R. 4451) [18MY]
ROGERS, HAROLD (a Representative from Kentucky)
Appointments
Committee for the Funeral of William H. Natcher [12AP]
Conferee: H.R. 3759, making supplemental appropriations [10FE]
Bills and resolutions introduced by
Reclamation of land: limitation of appropriations on emergency
reclamation projects in any one State (see H.R. 4002) [10MR]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
Depts. of Commerce, Justice, and State, the Judiciary, and related
agencies: authorizing appropriations (H.R. 4603) [10AU]
ROHRABACHER, DANA (a Representative from California)
Appointments
Conferee: H.R. 820, National Competitiveness Act [19JY]
------H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Cambodia: most-favored-nation status (see H.R. 4530) [26MY]
District of Columbia: authority to requisition funds from the
Dept. of the Treasury (see H.R. 4529) [26MY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
Crime: national policy to control crime and reform court
procedures (H.R. 3355), conference report [12JY]
Dept. of Commerce: authorizing appropriations for the Technology
Administration and the National Institute of Standards and
Technology (H.R. 820) [27SE] [28SE]
Technology: enhance manufacturing technology (H.R. 820) [27SE]
[28SE]
ROMERO-BARCELO, CARLOS A. (a Resident Commissioner from Puerto Rico)
Appointments
Conferee: H.R. 6, education programs appropriations [20SE]
------H.R. 1804, Goals 2000--Educate America Act [23FE] [11MR]
------S. 2000, Head Start, LIHEAP, Community Development Block
Grant Program, and Coordinated Services for Children, Youth,
and Families reauthorization [28AP]
Bills and resolutions introduced by
Puerto Rico: transfer of certain lands on the Island of Vieques
(see H.R. 3831) [9FE]
Rendezvous (vessel): certificate of documentation (see H.R. 4552)
[8JN]
RONNIE C. FISHERIES, INC.
Bills and resolutions
Ships and vessels: amend the licensing of a vessel owned by Ronnie
C. Fisheries, Inc. for coastwise trade and fisheries of the
U.S. (see H.R. 5239) [6OC]
ROSE, CHARLIE (a Representative from North Carolina)
Appointments
Conferee: H.R. 322, Mineral Exploration and Development Act [20MY]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
North Atlantic Assembly [25MY]
Bills and resolutions introduced by
Committee on House Administration (House): expenses for
investigations and studies (see H. Res. 361) [10FE]
Dept. of the Treasury: establish the Library of Congress Revolving
Fund (see H.R. 4736) [13JY]
``History of the United States House of Representatives'':
authorize printing (see H. Con. Res. 293) [22SE]
Library of Congress Revolving Fund: establish (see H.R. 4945)
[12AU]
O'Neill, Thomas P., Jr.: designate a year to honor the memory and
leadership qualities (see H. Res. 329) [25JA]
Presidents of the U.S.: civil immunity from lawsuits (see H.R.
4958) [12AU]
Raven (vessel): certificate of documentation (see H.R. 4890) [2AU]
Wallenberg, Raoul: placement of a bust in the Capitol (see H. Con.
Res. 222) [11MR]
Reports filed
Congressional Accountability Act: Committee on House
Administration (House) (H.R. 4822) (H. Rept. 103-650) [2AU]
Public Release of Documents Relative to the Investigation of the
House Post Office: Committee on House Administration (House)
(H. Res. 450) (H. Rept. 103-573) [30JN]
ROS-LEHTINEN, ILEANA (a Representative from Florida)
Bills and resolutions introduced by
Nicaragua: immigration status (see H.R. 4749) [13JY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
ROSTENKOWSKI, DAN (a Representative from Illinois)
Appointments
Advisers to U.S. delegations to international trade agreements
conferences, meetings, and negotiations [8FE]
Conferee: H.R. 2739, Airport and Airway Improvement Act
appropriations [26JY]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------H.R. 4277, establish Social Security Administration as an
independent agency [21JN]
------H.R. 4278, Social Security Domestic Employment Reform Act
[21JN]
Bills and resolutions introduced by
Committee on Ways and Means (House): expenses for investigations
and studies (see H. Res. 333) [1FE]
Employment: establish a system of reemployment, job training, and
income support services (see H.R. 4040) [16MR]
Social Security: ensure viability of system (see H.R. 4245) [19AP]
Tariff: personal effects of participants in certain international
sporting events (see H.R. 4066) [17MR]
Reports filed
Comprehensive Oversight Initiative for 1993: Committee on Ways and
Means (House) (H. Rept. 103-450) [23MR]
Establish Social Security Administration as Independent Agency:
Committee on Ways and Means (House) (H.R. 4277) (H. Rept. 103-
506) [12MY]
Social Security Management of Domestic Service Employment Taxes,
Federal Disability Insurance Trust
[[Page 2811]]
Fund, and Benefits for Incarcerated Individuals: Committee on
Ways and Means (House) (H.R. 4278) (H. Rept. 103-491) [4MY]
Temporary Suspension of Duty on Personal Effects of Participants
in Certain International Sporting Events: Committee on Ways
and Means (House) (H.R. 4066) (H. Rept. 103-454) [24MR]
ROTH, TOBY (a Representative from Wisconsin)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Conferee: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------H.R. 4950, Jobs Through Trade Expansion Act [4OC]
Bills and resolutions introduced by
National Foster Care Month: designate (see H.J. Res. 306) [25JA]
Ships and vessels: certificates of documentation for certain
barges for employment in the coastwise and Great Lakes trade
with Canada (see H.R. 4633) [22JN]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
ROUKEMA, MARGE (a Representative from New Jersey)
Appointments
Committee for the Funeral of Dean A. Gallo [29NO]
Committee for the Funeral of Richard M. Nixon [28AP]
Conferee: H.R. 6, education programs appropriations [20SE]
------H.R. 1804, Goals 2000--Educate America Act [23FE] [11MR]
------H.R. 2739, Airport and Airway Improvement Act appropriations
[26JY]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------H.R. 3841, Interstate Banking Efficiency Act [12MY]
Bills and resolutions introduced by
Credit: enhance availability of investment capital in low- to
moderate-income housing (see H.R. 5125) [28SE]
Gallo, Dean A.: tribute (see H. Res. 587) [29NO]
Homeless: transfer programs from FEMA to Dept. of HUD, and provide
funding for housing programs (see H.R. 3768) [2FE]
Housing: improve programs for public and Indian housing (see H.R.
3888) [23FE]
------simplify HOME Investment Partnerships Program (see H.R.
3767) [2FE]
Members of Congress: eliminate automatic pay adjustments (see H.R.
3729) [25JA]
ROWLAND, J. ROY (a Representative from Georgia)
Bills and resolutions introduced by
Dept. of Veterans Affairs: authorize construction of medical
facilities (see H.R. 4425) [16MY]
------staffing guidelines for the Veterans Health Administration
and establish health care delivery programs (see H.R. 4013)
[11MR]
Health: national policy to provide health care and reform
insurance procedures (see H.R. 3955, 5228) [3MR] [6OC]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
ROYBAL-ALLARD, LUCILLE (a Representative from California)
Bills and resolutions introduced by
Adult Education Act: education of eligible adults (see H.R. 3754)
[1FE]
FTC: study tobacco industry targeting of women and minorities in
advertisement (see H.R. 4279) [21AP]
Urban areas: use of census block group data in the designation of
empowerment zones (see H. Con. Res. 205) [10FE]
ROYCE, EDWARD R. (a Representative from California)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
RULEVILLE, MS
Bills and resolutions
Fannie Lou Hamer U.S. Post Office: designate (see H.R. 4452)
[18MY]
RURAL AREAS
related term(s) Agriculture; Urban Areas
Appointments
Conferees: H.R. 4554, agriculture, rural development, FDA, and
related agencies programs appropriations [13SE]
Bills and resolutions
Agriculture, rural development, FDA, and related agencies
programs: making appropriations (H.R. 4554), return amendment
to Senate (see H. Res. 518) [12AU]
Consolidated Farm and Rural Development Act: technical corrections
(see H.R. 5065) [20SE]
Dept. of Agriculture: repayment of loans made by private lenders
for development of multifamily rental housing for low- and
moderate-income families in rural areas (see H.R. 4445) [18MY]
Health: establish community rural health networks (see H.R. 4690)
[30JN]
Health care professionals: incentives for service in rural areas
(see H.R. 4688) [30JN]
Housing and community development programs: reauthorize (see H.R.
4310) [28AP]
Medicare: prospective payment wage index modifier for rural
hospitals (see H.R. 5276) [7OC]
Public Health Service: toll-free information on health services
availability in rural areas (see H.R. 4282) [21AP]
Rural development: establish strategy (see H.R. 5086) [23SE]
Water: expand the Mni Wiconi rural water supply project of South
Dakota (see H.R. 3954) [3MR]
Motions
Agriculture, rural development, FDA, and related agencies
programs: making appropriations (H.R. 4554) [17JN] [13SE]
------making appropriations (H.R. 4554), conference report [23SE]
Reports by conference committees
Agriculture, Rural Development, FDA, and Related Agencies
Appropriations (H.R. 4554) [20SE]
Reports filed
Agriculture, Rural Development, FDA, and Related Agencies
Appropriations: committee of conference (H. Rept. 103-734)
[20SE]
------Committee on Appropriations (House) (H.R. 4554) (H. Rept.
103-542) [9JN]
Consideration of H.R. 3838, Housing and Community Development Act:
Committee on Rules (House) (H. Res. 482) (H. Rept. 103-612)
[20JY]
Consideration of H.R. 4554, Agriculture, Rural Development, FDA,
and Related Agencies Programs Appropriations: Committee on
Rules (House) (H. Res. 455) (H. Rept. 103-548) [15JN]
Expand the Mni Wiconi Rural Water Supply Project of South Dakota:
Committee on Natural Resources (House) (H.R. 3954) (H. Rept.
103-789) [3OC]
Housing and Community Development Act: Committee on Banking,
Finance and Urban Affairs (House) (H.R. 3838) (H. Rept. 103-
607) [18JY]
Northern Great Plains Rural Development Commission: Committee on
Agriculture (House) (S. 2099) (H. Rept. 103-700) [12AU]
Reemployment of Postal Service Retirees in Temporary Positions
Relative to Annuity Offsets: Committee on Post Office and
Civil Service (House) (H.R. 3246) (H. Rept. 103-594) [12JY]
RUSH, BOBBY L. (a Representative from Illinois)
Appointments
Conferee: S. 1587, Federal Acquisition Streamlining Act [4AU]
Bills and resolutions introduced by
Firearms: regulation and licensing of distribution (see H.R. 4591)
[16JN]
Public housing: grants to modernize and replace public housing
(see H.R. 4735) [13JY]
RUSSIA
related term(s) Commonwealth of Independent States
Bills and resolutions
Foreign aid: requirements relative to economic assistance (see
H.R. 3992) [9MR]
Treaties and agreements: pursuit of negotiations to reduce the
number of deployed strategic nuclear warheads (see H. Con.
Res. 306) [4OC]
Messages
Russian Federation's Compliance With Emigration Standards of Trade
Act: President Clinton [21SE]
Reports filed
Trade With Russia and the Newly Independent States: Committee on
Government Operations (House) (H. Rept. 103-867) [29NO]
RWANDA, REPUBLIC OF
Bills and resolutions
Foreign policy: U.S. policy on humanitarian and political plight
(see H. Res. 453) [13JN]
SABO, MARTIN OLAV (a Representative from Minnesota)
Appointments
Conferee: H.R. 4426, foreign operations, export financing, and
related programs appropriations [28JY]
------H.R. 4454, legislative branch of the Government
appropriations [28JN]
------H.R. 4539, Dept. of the Treasury, Postal Service, Executive
Office of the President, and independent agencies
appropriations [16AU]
------H.R. 4556, Dept. of Transportation and related agencies
appropriations [20SE]
------H.R. 4606, Depts. of Labor, HHS, Education, and related
agencies appropriations [13SE]
------H.R. 4650, Dept. of Defense appropriations [13SE]
Bills and resolutions introduced by
Budget: setting forth the Federal budget for 1995-99 (see H. Con.
Res. 218) [8MR]
Congress: applicability of extraneous matter rule in budget
reconciliation legislation (see H.R. 4780) [19JY]
Mercury: regulation of hazardous waste (see H. Con. Res. 319)
[29NO]
Nuclear weapons: negotiations of testing limitations (see H. Con.
Res. 235) [24MR]
Reports by conference committees
Setting Forth the Federal Budget for 1995-99 (H. Con. Res. 218)
[4MY]
Reports filed
Setting Forth the Federal Budget for 1995-99: committee of
conference (H. Con Res. 218) (H. Rept. 103-490) [4MY]
------Committee on the Budget (House) (H. Con. Res. 218) [8MR]
Summary of Activities of the Committee on the Budget During the
103d Congress: Committee on the Budget (House) (H. Rept. 103-
874) [20DE]
SAFETY
Appointments
Conferees: H.R. 965, Child Safety Protection Act [13AP]
Bills and resolutions
Airlines: discourage the practice in foreign countries of
disinsection of aircraft while passengers are aboard (see H.
Con. Res. 307) [5OC]
------improve air carrier safety (see H.R. 5305) [29NO]
Black Lung Benefits Act: improve (see H.R. 4415) [12MY]
Congress: application of certain employment, health, and safety
laws and rights (see H.R. 4444) [18MY]
FAA: establish an air traffic control system as an independent
Government corporation (see H.R. 5209) [6OC]
------establish as an independent agency (see H.R. 5274) [7OC]
Federal Coordinating Council on Community Safety and Empowerment:
establish (see H.R. 4185) [13AP]
[[Page 2812]]
Federal Railroad Safety Act: amend (see H.R. 4545) [8JN]
Firearms: promote safety and reduce handgun violence (see H.R.
3932) [1MR]
Hazardous substances: reduce the levels of lead in the environment
(see H.R. 4882) [1AU]
------reduce the levels of lead in the environment (S. 729),
return to Senate (see H. Res. 486) [21JY]
Motor vehicles: bumper standards (see H.R. 4280) [21AP]
------length and weight limitations for vehicles on Federal-aid
highways (see H.R. 4496) [25MY]
National Weather Service: study the health risks associated with
doppler radar installations (see H.R. 3850) [10FE]
NTSB: authorizing appropriations (H.R. 2440), concur to Senate
amendment with an amendment (see H. Res. 558) [3OC]
Pipelines: mandatory one-call system to protect underground
facilities from damage by any excavation (see H.R. 4394, 5248)
[11MY] [7OC]
Radioactive substances: compensation of individuals who were
subjects in Government radiation experiments (see H.R. 3743,
4292) [26JA] [21AP]
------improve and increase radon testing products and services
(H.R. 2448), consideration (see H. Res. 491) [27JY]
Railroads: improve safety at grade crossings and rights-of-way
(see H.R. 4630) [22JN]
Ships and vessels: improve the safety of towing vessels (see H.R.
4058) [16MR]
Sports: safety for journeyman boxers (see H.R. 4900) [4AU]
------safety of journeyman boxers (see H.R. 4753) [13JY]
Taxation: tax credit for purchase of child restraint systems for
motor vehicles (see H.R. 5068) [21SE]
Trucking industry: State regulation of motor carriers (see H.R.
5123) [28SE]
Messages
Federal Railroad Safety Act: President Clinton [2FE]
Highway Safety Act and the Motor Vehicle Safety Act: President
Clinton [3OC]
Radiation Control for Health and Safety Act: President Clinton
[22FE]
Reports by conference committees
Child Safety Protection Act (H.R. 965) [11MY]
Reports filed
Black Lung Benefits Act Improvements: Committee on Education and
Labor (House) (H.R. 2108) (H. Rept. 103-507) [12MY]
Child Safety Protection Act: committee of conference (H.R. 965)
(H. Rept. 103-500) [11MY]
Comprehensive One-Call Notification Act: Committee on Energy and
Commerce (House) (H.R. 4394) (H. Rept. 103-765) [29SE]
------Committee on Public Works and Transportation (House) (H.R.
4394) (H. Rept. 103-765) [30SE]
Consideration of H.R. 2108, Black Lung Benefits Act Improvement:
Committee on Rules (House) (H. Res. 428) (H. Rept. 103-508)
[17MY]
Consideration of H.R. 2448, Improve and Increase Radon Testing
Products and Services: Committee on Rules (House) (H. Res.
491) (H. Rept. 103-622) [27JY]
Federal Railroad Safety Act Amendments: Committee on Energy and
Commerce (House) (H.R. 4545) (H. Rept. 103-655) [3AU]
OSHA Reform: Committee on Education and Labor (House) (H.R. 1280)
(H. Rept. 103-825) [3OC]
Poison Control Centers--On the Brink of Extinction: Committee on
Government Operations (House) (H. Rept. 103-860) [29NO]
Radon Testing Products and Services: Committee on Energy and
Commerce (House) (H.R. 2448) (H. Rept. 103-574) [30JN]
Recreational Boating Safety Improvement Act: Committee on Merchant
Marine and Fisheries (House) (H.R. 3786) (H. Rept. 103-445)
[21MR]
Recreational Boating Safety Programs: Committee on Merchant Marine
and Fisheries (House) (H.R. 4477) (H. Rept. 103-849) [7OC]
Risk Assessment Improvement Act: Committee on Science, Space, and
Technology (House) (H.R. 4306) (H. Rept. 103-857) [7OC]
Workplace Safety for Federal and Postal Service Employees:
Committee on Post Office and Civil Service (House) (H.R. 115)
(H. Rept. 103-858) [7OC]
SAGUARO NATIONAL MONUMENT PROTECTION ACT
Reports filed
Provisions: Committee on Natural Resources (House) (S. 316) (H.
Rept. 103-815) [3OC]
SAINT THOMAS, VI
Bills and resolutions
Alvaro de Lugo U.S. Post Office: designate (see H.R. 4190) [13AP]
Arturo R. Watlington, Sr., U.S. Post Office: designate (see H.R.
4192) [13AP]
Aubrey C. Ottley U.S. Post Office: designate (see H.R. 4191)
[13AP]
SALLI, RUDOLPH
Bills and resolutions
Citizenship: confer posthumously (see H.R. 4045) [16MR]
SAN CARLOS APACHE TRIBE WATER RIGHTS SETTLEMENT ACT
Bills and resolutions
Provisions: extend deadline for completing certain actions (see
H.R. 4870) [1AU]
SAN DIEGO, CA
Bills and resolutions
Edward J. Schwartz Courthouse and Federal Building: designate (see
H.R. 3770) [2FE]
Reports filed
Edward J. Schwartz Courthouse and Federal Building: Committee on
Public Works and Transportation (House) (H.R. 3770) (H. Rept.
103-457) [24MR]
SAN FRANCISCO, CA
Bills and resolutions
California: management of the Presidio military facility (see H.R.
5231) [6OC]
------management of the Presidio military facility (H.R. 3433),
consideration (see H. Res. 516) [10AU]
------management of the Presidio military facility (H.R. 5231),
consideration (see H. Res. 576) [6OC]
Reports filed
Acquisition of the Old U.S. Mint, San Francisco, CA: Committee on
Public Works and Transportation (House) (H.R. 4812) (H. Rept.
103-634) [1AU]
Consideration of H.R. 3433, Management of the Presidio Military
Facility: Committee on Rules (House) (H. Res. 516) (H. Rept.
103-696) [10AU]
Consideration of H.R. 5231, Management of the Presidio, CA,
Military Facility: Committee on Rules (House) (H. Res. 576)
(H. Rept. 103-847) [6OC]
Management of the Presidio, CA, Military Facility: Committee on
Natural Resources (House) (H.R. 3433) (H. Rept. 103-615)
[21JY]
------Committee on Ways and Means (House) (H.R. 3433) (H. Rept.
103-615) [9AU]
SANDERS, BERNARD (a Representative from Vermont)
Bills and resolutions introduced by
Agriculture: labeling of milk products relative to bovine growth
hormones (see H.R. 4618) [21JN]
------labeling of milk products relative to bovine growth
hormones, and development of residue test (see H.R. 4669)
[28JN]
Employment: national program to create job opportunities (see H.R.
5278) [7OC]
ERISA: provide for joint trusteeship of single-employer pension
plans (see H.R. 5126) [28SE]
Foreign trade: inclusion of workers rights and environmental
standards provisions in trade agreements (see H.R. 4710)
[30JN]
Health: establish a national program of trained community health
advisors to assist in certain State objectives (see H.R. 4024)
[11MR]
Mental health: provide extension of certain provisions for block
grants for mental health and substance abuse treatment (see
H.R. 5093, 5094) [23SE]
Railroads: employee protection benefits (see H.R. 3866) [11FE]
SANGMEISTER, GEORGE E. (a Representative from Illinois)
Bills and resolutions introduced by
Courts: create a southern division in the Northern Judicial
District of Illinois (see H.R. 4101) [21MR]
Midewin National Tallgrass Prairie: establish (see H.R. 4946)
[12AU]
Veterans: disabled veterans benefits (see H.R. 4671) [28JN]
------housing programs (see H.R. 4724) [12JY]
------specially adapted housing grant (see H.R. 4670) [28JN]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
SANTORUM, RICK (a Representative from Pennsylvania)
Appointments
Conferee: H.R. 4277, establish Social Security Administration as
an independent agency [21JN]
------H.R. 4278, Social Security Domestic Employment Reform Act
[21JN]
Bills and resolutions introduced by
Cambodia: most-favored-nation status (see H.R. 4656) [27JN]
Children and youth: collection of child support payments due under
court orders (see H.R. 3836) [9FE]
Crime: national policy to control crime and reform court
procedures (see H.R. 5134) [29SE]
Federal employees: conform the retirement coverage of Members of
Congress and congressional employees to that of executive
branch employees (see H.R. 5054) [19SE]
Government: close appropriation accounts available for an
indefinite period (see H.R. 5237) [6OC]
Health: national policy to provide health care and reform
insurance procedures (see H.R. 3918) [28FE]
House of Representatives: require rollcall votes on passage of
appropriations, revenue, or public debt limit legislation (see
H. Res. 511) [8AU]
Public welfare programs: eliminate benefits for fugitive felons,
probation and parole violators, and share information with law
enforcement officers (see H.R. 4657) [27JN]
SSI: modify (see H.R. 4419) [12MY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
Social Security Administration: establish as independent agency
(H.R. 4277) [21JN]
SARPALIUS, BILL (a Representative from Texas)
Bills and resolutions introduced by
Government: constitutional amendment to limit terms of service in
certain positions (see H.J. Res. 324) [10FE]
SATELLITE CARRIER COMPULSORY LICENSE EXTENSION ACT
Appointments
Conferees: S. 1485, provisions [16AU]
Motions
Enact (S. 1485) [16AU]
SATELLITE HOME VIEWER ACT
Bills and resolutions
Enact (S. 2406): technical corrections (see H.R. 5303) [29NO]
SAUDI ARABIA, KINGDOM OF
Bills and resolutions
Business and industry: resolution of commercial disputes with U.S.
firms (see H.R. 4096) [21MR]
SAVINGS & LOAN ASSOCIATIONS
see Financial Institutions
SAVINGS BONDS
see Securities
SAWYER, THOMAS C. (a Representative from Ohio)
Appointments
Conferee: H.R. 6, education programs appropriations [20SE]
------H.R. 1804, Goals 2000--Educate America Act [23FE] [11MR]
Bills and resolutions introduced by
Census: improve accuracy of address lists (see H.R. 5084) [23SE]
Dept. of Energy: establish Albert Einstein Distinguished Educator
Fellowship Program (see H.R. 4759) [14JY]
Employment: establish a professional development program (see H.R.
3730) [25JA]
[[Page 2813]]
FERC: extension of deadline for construction of hydroelectric
project in Ohio (see H.R. 5031) [13SE]
SAXTON, JIM (a Representative from New Jersey)
Appointments
Committee for the Funeral of Dean A. Gallo [29NO]
Conferee: S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
ERISA: fiduciary duties relative to external benefits, social
investing, and economically targeted investments (see H.R.
5135) [29SE]
Rwanda: U.S. policy on humanitarian and political plight (see H.
Res. 497) [28JY]
Taxation: individual income rates (see H.R. 5306) [29NO]
------provide exclusion from gross income for amounts contributed
by employers to medical incentives accounts (see H.R. 5106)
[26SE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
SCHAEFER, DAN (a Representative from Colorado)
Appointments
Conferee: H.R. 3474, Community Development, Credit Enhancement,
and Regulatory Improvement Act [21AP]
Bills and resolutions introduced by
Budget: deficit (see H.R. 3958) [3MR]
National Trails Day: designate (see H.J. Res. 327) [23FE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
SCHENK, LYNN (a Representative from California)
Appointments
Conferee: H.R. 3474, Community Development, Credit Enhancement,
and Regulatory Improvement Act [21AP]
------S. 21, California Desert Protection Act [4OC]
Bills and resolutions introduced by
Edward J. Schwartz Courthouse and Federal Building, San Diego, CA:
designate (see H.R. 3770) [2FE]
Gambling: limit authority of States to regulate gambling devices
on vessels (see H.R. 5242) [7OC]
Immigration: extend the land border inspection fee program for
California (see H.R. 4256) [19AP]
Imperial Beach, CA: convey land from the Tijuana Slough National
Wildlife Refuge (see H.R. 4647) [24JN]
Individuals With Disabilities Education Act: treatment of disabled
children charged with firearms possession (see H.R. 4395)
[11MY]
Medicaid: prohibit State requirement of children to participate in
managed care plans without an integrated child health care
network (see H.R. 4810) [21JY]
Railroads: authorizing appropriations for development of high-
speed rail transportation (see H.R. 4867) [1AU]
Ships and vessels: construction of vessels suitable for commercial
and national defense purposes (see H.R. 3769) [2FE]
SCHIFF, STEVEN (a Representative from New Mexico)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Conferee: H.R. 3474, Community Development, Credit Enhancement,
and Regulatory Improvement Act [21AP]
------S. 1587, Federal Acquisition Streamlining Act [4AU]
Bills and resolutions introduced by
Federal employees: transferable placement of employees between
Federal agencies and federally funded research and development
centers (see H.R. 4287) [21AP]
Wilderness areas: landing of aircraft in areas under special
circumstances (see H.R. 4826) [25JY]
SCHOOLS
related term(s) Education
Appointments
Conferees: H.R. 6, education programs appropriations [20SE] [21SE]
Bills and resolutions
Agriculture: development of programs to encourage source-separated
composting at homes, schools, and businesses (see H.R. 5267)
[7OC]
Education: authorizing appropriations for certain programs (H.R.
6), consideration of conference report (see H. Res. 556)
[29SE]
------improve quality of school libraries, media centers, and
facilities (see H.R. 4316) [28AP]
------periods of silence in classrooms (see H. Con. Res. 208)
[23FE]
Motions
Education: authorizing appropriations for certain programs (H.R.
6) [20SE]
------authorizing appropriations for certain programs (H.R. 6),
conference report [30SE]
Reports by conference committees
Education Programs Appropriations (H.R. 6) [28SE]
Reports filed
Consideration of Conference Report on H.R. 6, Education Programs
Appropriations: Committee on Rules (House) (H. Res. 556) (H.
Rept. 103-767) [29SE]
Consideration of H.R. 6, Education Programs Appropriations:
Committee on Rules (House) (H. Res. 366) (H. Rept. 103-426)
[23FE]
Convey Certain Shoshone Federal Reclamation Project Lands to the
Big Horn County School District: Committee on Natural
Resources (House) (H.R. 2614) (H. Rept. 103-811) [3OC]
Education Programs Appropriations: committee of conference (H.R.
6) (H. Rept. 103-761) [28SE]
------Committee on Education and Labor (House) (H.R. 6) (H. Rept.
103-425) [22FE]
SCHOOL-TO-WORK OPPORTUNITIES ACT
Appointments
Conferees: H.R. 2884, provisions [16MR]
Reports by conference committees
Provisions (H.R. 2884) [19AP]
Reports filed
Provisions: committee of conference (H.R. 2884) (H. Rept. 103-480)
[19AP]
SCHROEDER, PATRICIA (a Representative from Colorado)
Appointments
Conferee: H.R. 3355, Violent Crime Control and Law Enforcement Act
[19AU]
------S. 636, Freedom of Access to Clinic Entrances Act [17MR]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Census: measure the status of women (see H.R. 5194) [5OC]
Child support: improve collection system (see H.R. 4570) [13JN]
Children and youth: support for adult survivors of childhood
sexual abuse (see H. Con. Res. 200) [1FE]
Employment: mandatory use of binding arbitration in job
discrimination cases (see H.R. 4981) [17AU]
Government: standardize health benefits claim forms for Federal
employees and the Uniformed Services (see H.R. 4241) [18AP]
Presidential Commission on Telemedicine: establish (see H.R. 4725)
[12JY]
Motions offered by
Health care facilities: access to clinic entrances (S. 636) [17MR]
SCHUMER, CHARLES E. (a Representative from New York)
Appointments
Conferee: H.R. 3345, Federal Workforce Restructuring Act [11MR]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------H.R. 3841, Interstate Banking Efficiency Act [12MY]
------S. 636, Freedom of Access to Clinic Entrances Act [17MR]
Bills and resolutions introduced by
Budget: deficit (see H.R. 4057) [16MR]
Courts: imposition of capital punishment for certain crimes (see
H.R. 4032) [15MR]
------photographing, recording and broadcasting of proceedings
(see H.R. 5307) [29NO]
------provide support and assistance to drug courts (see H.R.
3980) [8MR]
Crime: initiation of a community justice program to assist in the
prevention of crime (see H.R. 4033) [15MR]
------mandatory life imprisonment for individuals convicted of a
third violent felony (see H.R. 3981) [8MR]
------mandatory minimum sentences for certain crimes (see H.R.
3979) [8MR]
------prosecution of juveniles as adults for certain violent
offenses (see H.R. 4031) [15MR]
------victim assistance programs (see H.R. 4030) [15MR]
Drugs: U.S. interdiction of illegal drug production and
trafficking in foreign countries (see H. Res. 452) [10JN]
Financial institutions: treatment of U.S. banks by foreign
countries (see H.R. 4926) [9AU]
Firearms: assistance for State and local programs exchanging
merchandise vouchers for firearms (see H.R. 3771) [2FE]
------prevent handgun violence and illegal commerce (see H.R.
4300) [26AP]
------prohibit transfer or sale of assault weapons (see H.R. 4296)
[25AP]
------promote safety and reduce handgun violence (see H.R. 3932)
[1MR]
Goods for Guns Month: designate (see H.J. Res. 422) [30SE]
Immigration and Nationality Act: use of visas under the diversity
transition program (see H.R. 3859, 5063) [10FE] [20SE]
Israel: anniversary of the reunification of Jerusalem (see H. Con.
Res. 239) [14AP]
Jerusalem: anniversary of reunification (see H. Con. Res. 225)
[17MR]
Law enforcement: official duty defense relative to civil aircraft
destruction (see H.R. 4619) [21JN]
Lobbyists: prohibit contingency fees (see H.R. 4108, 4109) [22MR]
Schneerson, Menachem Mendel: award a Congressional Gold Medal (see
H.R. 4497) [25MY]
Telecommunications: rates and charges for operator services (see
H.R. 4969) [16AU]
SCHWARTZ, EDWARD J.
Bills and resolutions
Edward J. Schwartz Courthouse and Federal Building, San Diego, CA:
designate (see H.R. 3770) [2FE]
Reports filed
Edward J. Schwartz Courthouse and Federal Building, San Diego, CA:
Committee on Public Works and Transportation (House) (H.R.
3770) (H. Rept. 103-457) [24MR]
SCIENCE
related term(s) Engineering; Mathematics; Research; Technology
Appointments
Conferees: H.R. 1804, Goals 2000--Educate America Act [23FE]
[11MR]
Bills and resolutions
Archaeology: provide for the study of certain prehistoric
resources (see H.R. 4871) [1AU]
Dept. of Energy: authorize hydrogen and fusion research and
development programs, and nuclear and high energy physics
programs (H.R. 4908), consideration (see H. Res. 515) [10AU]
Diseases: authorize study of breast and prostate cancer (see H.R.
5257) [7OC]
Education: national policy to improve system (H.R. 1804),
corrections in enrollment (see H. Con. Res. 230) [23MR]
Radioactive substances: compensation of individuals who were
subjects in Government radiation experiments (see H.R. 3743,
4292) [26JA] [21AP]
Messages
National Science Board--Science and Engineering Indicators:
President Clinton [9FE]
Motions
Education: national policy to improve system (H.R. 1804) [23FE]
------national policy to improve system (H.R. 1804), conference
report [23MR]
Reports by conference committees
Goals 2000--Educate America Act (H.R. 1804) [21MR]
[[Page 2814]]
Reports filed
Consideration of H.R. 3870, Research and Development of
Environmental Technology: Committee on Rules (House) (H. Res.
483) (H. Rept. 103-613) [20JY]
Consideration of H.R. 4908, Hydrogen and Fusion Research and
Development Programs, and Nuclear and High Energy Physics
Programs Authorization: Committee on Rules (House) (H. Res.
515) (H. Rept. 103-695) [10AU]
Evaluation of Dept. of Energy Research and Development
Laboratories and Consolidation of Technology Transfer
Activities: Committee on Armed Services (House) (H.R. 1432)
(H. Rept. 103-484) [26AP]
------Committee on Science, Space, and Technology (House) (H.R.
1432) (H. Rept. 103-484) [19MY]
Goals 2000--Educate America Act: committee of conference (H.R.
1804) (H. Rept. 103-446) [21MR]
Hydrogen and Fusion Research and Development Programs, and Nuclear
and High Energy Physics Programs Authorization: Committee on
Science, Space, and Technology (House) (H.R. 4908) (H. Rept.
103-674) [5AU]
NASA Appropriations: Committee on Science, Space, and Technology
(House) (H.R. 4489) (H. Rept. 103-654) [3AU]
National Academy of Science, Space, and Technology Establishment
at State Universities: Committee on Public Works and
Transportation (House) (H.R. 1638) (H. Rept. 103-512) [19MY]
National Science and Technology Policy, Organization, and
Priorities Act: Committee on Science, Space, and Technology
(House) (H.R. 3476) (H. Rept. 103-473) [12AP]
National Undersea Research Program: Committee on Merchant Marine
and Fisheries (House) (H.R. 4236) (H. Rept. 103-850) [7OC]
NSF Appropriations: Committee on Rules (House) (H.R. 3254) (H.
Rept. 103-485) [28AP]
------Committee on Science, Space, and Technology (House) (H.R.
3254) (H. Rept. 103-475) [13AP]
Research and Development of Environmental Technology: Committee on
Science, Space, and Technology (House) (H.R. 3870) (H. Rept.
103-536) [8JN]
Waiving Points of Order Against Conference Report on H.R. 1804,
Goals 2000--Educate America Act: Committee on Rules (House)
(H. Res. 393) (H. Rept. 103-447) [21MR]
SCLERODERMA
see Diseases
SCOTLAND
see United Kingdom of Great Britain and Northern Ireland
SCOTT, ROBERT C. (a Representative from Virginia)
Appointments
Conferee: H.R. 1804, Goals 2000--Educate America Act [23FE] [11MR]
------S. 2000, Head Start, LIHEAP, Community Development Block
Grant Program, and Coordinated Services for Children, Youth,
and Families reauthorization [28AP]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Colleges and universities: extend the cohort default rate
exemption for historically Black and Native American colleges
(see H.R. 4025) [11MR]
Health: national policy to provide health care and reform
insurance procedures (H.R. 3600), consideration (see H. Res.
498) [28JY]
SCRANTON, PA
Reports filed
Steamtown National Historic Site Operation, Maintenance, and
Development Reform: Committee on Natural Resources (House)
(H.R. 3708) (H. Rept. 103-588) [12JY]
SEA HAWK III (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 4717) [30JN]
SEABEDS
see Oceans
SECURITIES
related term(s) Investments
Bills and resolutions
Bonds: permit refunding of certain bonds (see H.R. 4397) [11MY]
Dept. of the Treasury: establish the Office of Personal Savings
Promotion (see H.R. 3908) [24FE]
District of Columbia: authority to issue revenue bonds for
construction of convention center and sports arena (see H.R.
4888) [2AU]
Executive Office of the President: convene a White House
Conference on Savings (see H. Con. Res. 211) [24FE]
National Savings Month: designate (see H. Res. 371) [24FE]
Taxation: capital gains (see H.R. 4099, 4269, 5259) [21MR] [20AP]
[7OC]
------market discount rules for municipal bonds (see H.R. 4714)
[30JN]
------use of individual retirement accounts as security for
certain business loans (see H.R. 3761) [2FE]
Messages
CCC Report: President Clinton [8JN]
Motions
SEC: increase the number of examiners who oversee investment
advisers and financial planners (S. 423) [5OC]
Reports filed
Continuation of Certain SEC Fee Collections: Committee on Ways and
Means (House) (H.R. 4060) (H. Rept. 103-739) [22SE]
Indian Trust Funds Management Reform: Committee on Natural
Resources (House) (H.R. 4833) (H. Rept. 103-778) [3OC]
Unlisted Trading Privileges for Corporate Securities: Committee on
Energy and Commerce (House) (H.R. 4535) (H. Rept. 103-626)
[28JY]
SECURITIES AND EXCHANGE COMMISSION
Motions
Investments: increase the number of examiners who oversee
investment advisers and financial planners (S. 423) [5OC]
Reports filed
Continuation of Certain SEC Fee Collections: Committee on Ways and
Means (House) (H.R. 4060) (H. Rept. 103-739) [22SE]
Unlisted Trading Privileges for Corporate Securities: Committee on
Energy and Commerce (House) (H.R. 4535) (H. Rept. 103-626)
[28JY]
SECURITY CLASSIFICATION
see Classified Information
SENIOR CITIZENS
Appointments
Conferees: H.R. 4277, establish Social Security Administration as
an independent agency [21JN]
------H.R. 4278, Social Security Domestic Employment Reform Act
[21JN]
Federal Council on the Aging [21JN]
White House Conference on Aging Policy Committee [21JN] [22JY]
Bills and resolutions
Health: access to long-term care services (see H.R. 4632) [22JN]
------ensure preservation of group health insurance packages and
prevent discriminatory practices in health care reform
legislation (see H. Con. Res. 256) [16JN]
------evaluation of impact of national policy to provide health
care and reform insurance procedures (see H.R. 4463) [19MY]
------national policy to provide health care and reform insurance
procedures (see H.R. 4816, 4856, 5119, 5300) [22JY] [28JY]
[28SE] [29NO]
------national policy to provide health care and reform insurance
procedures (H.R. 3600), consideration of substitute amendment
(see H. Res. 508) [4AU]
------referendum on national health care reform (see H. Con. Res.
310) [6OC]
Insurance: promote health insurance portability and coverage of
existing health conditions (see H.R. 5302) [29NO]
Jean Mayer Human Nutrition Research Center on Aging, Boston, MA:
designate (see H.R. 4204) [13AP]
Medicare: availability of patient record to treating physicians
(see H.R. 3907) [24FE]
------limitation on payment for outpatient hospital service (see
H.R. 4216) [14AP]
------prospective payment wage index modifier for rural hospitals
(see H.R. 5276) [7OC]
Public housing: exclude drug or alcohol abusers from occupancy of
units designated for senior citizens (see H.R. 3943) [2MR]
Social Security: require nondiscrimination policies for State
hospitals and nursing facilities receiving funds (see H.R.
5104, 5105) [26SE]
------retirement age adjustment and limitations for benefits per
year relative to prior contributions and income levels (see
H.R. 5308) [29NO]
------State and local taxation of benefits (see H.R. 3788) [3FE]
Taxation: treatment of long-term health care insurance (see H.R.
4769) [14JY]
------treatment of pension integration, participation, and vesting
requirements and marital status changes (see H.R. 4367) [5MY]
Messages
Federal Council on the Aging: President Clinton [11MY]
Motions
Social Security Administration: establish as independent agency
(H.R. 4277) [21JN]
Reports by conference committees
Social Security Administration Establishment as Independent Agency
(H.R. 4277) [4AU]
Social Security Domestic Employment Reform Act (H.R. 4278) [6OC]
Reports filed
Administrative Review of Federal Employees Discrimination Claims:
Committee on Post Office and Civil Service (House) (H.R. 2721)
[19AU]
Employment Discrimination Claims Review: Committee on Education
and Labor (House) (H.R. 2721) (H. Rept. 103-599) [13JY]
Establish Social Security Administration as Independent Agency:
Committee on Ways and Means (House) (H.R. 4277) (H. Rept. 103-
506) [12MY]
Health Security Act: Committee on Armed Services (House) (H.R.
3600) (H. Rept. 103-601) [28JY]
------Committee on Education and Labor (House) (H.R. 3600) (H.
Rept. 103-601) [22JY]
------Committee on Government Operations (House) (H.R. 3600) (H.
Rept. 103-601) [12AU]
------Committee on Natural Resources (House) (H.R. 3600) (H. Rept.
103-601) [6OC]
------Committee on Post Office and Civil Service (House) (H.R.
3600) (H. Rept. 103-601) [7OC]
------Committee on Veterans' Affairs (House) (H.R. 3600) (H. Rept.
103-601) [2AU]
------Committee on Ways and Means (House) (H.R. 3600) (H. Rept.
103-601) [14JY]
Limit State Taxation of Pension Income: Committee on the Judiciary
(House) (H.R. 546) (H. Rept. 103-776) [3OC]
National Policy To Provide Health Care and Reform Insurance
Procedures: Committee on Education and Labor (House) (H.R.
3960) (H. Rept. 103-618) [22JY]
Social Security Administration Establishment as Independent
Agency: committee of conference (H.R. 4277) (H. Rept. 103-670)
[4AU]
Social Security Domestic Employment Reform Act: committee of
conference (H.R. 4278) (H. Rept. 103-842) [6OC]
Social Security Management of Domestic Service Employment Taxes,
Federal Disability Insurance Trust Fund, and Benefits for
Incarcerated Individuals: Committee on Ways and Means (House)
(H.R. 4278) (H. Rept. 103-491) [4MY]
SENSENBRENNER, F. JAMES, JR. (a Representative from Wisconsin)
Appointments
Conferee: H.R. 3345, Federal Workforce Restructuring Act [11MR]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------S. 636, Freedom of Access to Clinic Entrances Act [17MR]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
[[Page 2815]]
Bills and resolutions introduced by
Civil courts: attorneys' fees relative to tort actions (see H.R.
4472) [23MY]
National Wildlife Refuge System: acquisition of land or waters
relative to revenue sharing payments (see H.R. 4827) [25JY]
Taxation: appropriate part of income tax revenues toward crime
control (see H.R. 4592) [16JN]
------reform rules relative to subchapter S corporations (see H.R.
3832) [9FE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
Health care facilities: access to clinic entrances (S. 636) [17MR]
------access to clinic entrances (S. 636), conference report [5MY]
SERBIA
Messages
Continuation of Emergency With Respect to Yugoslavia: President
Clinton [25MY]
National Emergency With Respect to the Former Yugoslavia:
President Clinton [21JN]
SERRANO, JOSE E. (a Representative from New York)
Appointments
Conferee: H.R. 4426, foreign operations, export financing, and
related programs appropriations [28JY]
------H.R. 4606, Depts. of Labor, HHS, Education, and related
agencies appropriations [13SE]
Bills and resolutions introduced by
Cuban Democracy Act: repeal (see H.R. 4941) [11AU]
``Hispanic Americans in Congress'': authorize printing (see H.
Con. Res. 299) [27SE]
Pediatric and Adolescent AIDS Awareness Week: designate (see H.J.
Res. 334) [10MR]
SEWAGE DISPOSAL
related term(s) Refuse Disposal
Bills and resolutions
Oceans: management plans relative to alternatives to ocean dumping
(see H.R. 4447) [18MY]
Water pollution: eligibility of State and local government
employees to serve on State boards that issue permits for
discharges into navigable waters (see H.R. 5150) [30SE]
SHAMROCK V (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 3922) [28FE]
SHARP, PHILIP R. (a Representative from Indiana)
Appointments
Conferee: H.R. 3474, Community Development, Credit Enhancement,
and Regulatory Improvement Act [21AP]
------S. 2000, Head Start, LIHEAP, Community Development Block
Grant Program, and Coordinated Services for Children, Youth,
and Families reauthorization [28AP]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
``Members of the United States House of Representatives--A
Historical Bibliography'': authorize printing (see H. Con.
Res. 298) [27SE]
Pipelines: mandatory one-call system to protect underground
facilities from damage by any excavation (see H.R. 5248) [7OC]
Power resources: extensions and modifications of certain hydro and
renewable energy programs (see H.R. 5247) [7OC]
------management of the strategic petroleum reserve (see H.R.
4750, 4752) [13JY]
------reauthorize weatherization programs appropriations (see H.R.
4751) [13JY]
Public utilities: remove certain size limitations to encourage the
production of renewable resource energy (see H.R. 4866) [1AU]
SHAW, E. CLAY, JR. (a Representative from Florida)
Bills and resolutions introduced by
Big Dad (vessel): certificate of documentation (see H.R. 4813)
[21JY]
Broward County, FL: authorizing appropriations for ecosystem
protection research facility (see H.R. 4804) [20JY]
Civil War History Month: designate (see H.J. Res. 318) [3FE]
Fifty One (vessel): certificate of documentation (see H.R. 4937)
[10AU]
Israel: relocation of U.S. Embassy to Jerusalem (see H. Con. Res.
281) [11AU]
Public welfare programs: reform (H.R. 3500), consideration (see H.
Res. 386) [10MR]
Sea Bandit (vessel): certificate of documentation (see H.R. 4012)
[10MR]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
SHAYS, CHRISTOPHER (a Representative from Connecticut)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Conferee: S. 1587, Federal Acquisition Streamlining Act [4AU]
Bills and resolutions introduced by
Budget: reduce domestic and defense discretionary spending (see
H.R. 3989) [9MR]
Federal employees: age and service requirements under the Civil
Service Retirement System and the Federal Employees'
Retirement System (see H.R. 4268) [20AP]
Legislative branch of the Government: application of certain laws
(see H.R. 4822) [25JY]
Urban areas: promote an urban agenda (see H.R. 5279) [7OC]
SHEPHERD, KAREN (a Representative from Utah)
Appointments
Conferee: H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
Bills and resolutions introduced by
Chemical weapons: prohibit transportation across State lines (see
H.R. 4346) [4MY]
Taxation: dependent care tax credit adjustments (see H.R. 4470)
[20MY]
Tobacco products: labeling, advertising, and promoting
requirements (see H.R. 4658) [27JN]
Weapons: prohibit flight testing of missiles where debris would
not be contained within a test range area (see H.R. 4349)
[4MY]
SHIPPING INDUSTRY
related term(s) Cargo Transportation; Ships and Vessels
Bills and resolutions
Crime: extend mail fraud prohibitions to include private and
commercial interstate carriers (see H.R. 4069) [17MR]
Hazardous substances: transport of equipment intended for cleanup
of radioactive waste under Federal contract (see H.R. 4743)
[13JY]
Panama Canal Commission: reconstitute as an independent Government
corporation (see H.R. 5221) [6OC]
Postal Service: forfeiture of property in mail or wire fraud
investigations and allocation of proceeds from forfeitures
(see H.R. 4070) [17MR]
------prohibit penalization for use of private express services
for certain letters and packets (see H.R. 3792) [3FE]
Ships and vessels: clear certain licensing impediments (see H.R.
4583) [15JN]
------improve the safety of towing vessels (see H.R. 4058) [16MR]
Trucking industry: violence against truckers (see H. Con. Res.
228) [21MR]
SHIPS AND VESSELS
related term(s) Merchant Marine Industry; Recreational Vehicles
Bills and resolutions
Ab-Original (vessel): certificate of documentation (see H.R. 3806)
[3FE]
Alaska: regulate fishing in certain waters (see H.R. 4943) [11AU]
Aliento (vessel): certificate of documentation (see H.R. 4029)
[11MR]
American Victory (vessel): convey to the Battle of the Atlantic
Historical Society (see H.R. 4383) [10MY]
Atlantis III (vessel): certificate of documentation (see H.R.
5058) [19SE]
Attitude (vessel): certificate of documentation (see H.R. 4837)
[26JY]
Barges: certificates of documentation for certain barges for
employment in the coastwise and Great Lakes trade with Canada
(see H.R. 4633) [22JN]
Big Dad (vessel): certificate of documentation (see H.R. 4813)
[21JY]
Cargo transportation: authorize sale and reregistration of certain
vessels (see H.R. 4863) [29JY]
Certification: licensing of a vessel for employment in the
coastwise trade and fisheries of the U.S. (see H.R. 4424)
[12MY]
Chrissy (vessel): certificate of documentation (see H.R. 4500)
[25MY]
Coast Guard: maintenance of vessels in foreign shipyards (see H.R.
4666) [28JN]
Cygne Sauvage (vessel): certificate of documentation (see H.R.
4601) [17JN]
Dept. of Defense: limitations on development and costs for the
Seawolf submarine program (see H.R. 4100) [21MR]
Documentation: certificate of documentation for a hopper barge
(see H.R. 4797) [19JY]
Eagle Mar (vessel): certificate of documentation (see H.R. 4681)
[29JN]
Endeavour (vessel): certificate of documentation (see H.R. 3922)
[28FE]
Fifty One (vessel): certificate of documentation (see H.R. 4937)
[10AU]
Finesse (vessel): certificate of documentation (see H.R. 5059)
[19SE]
Gambling: limit authority of States to regulate gambling devices
on vessels (see H.R. 5242) [7OC]
Gibraltar (vessel): certificate of documentation (see H.R. 4774)
[14JY]
International Tonnage Convention: use of measurement system in
design and construction (see H.R. 5136) [29SE]
Isabelle (vessel): certificate of documentation (see H.R. 4731)
[12JY]
Joan Marie (vessel): certificate of documentation (see H.R. 4819)
[22JY]
L.R. Beattie (vessel): certificate of documentation (see H.R.
4808) [20JY]
Lady Angela (vessel): certificate of documentation (see H.R. 4730)
[12JY]
Lady Helen (vessel): certificate of documentation (see H.R. 4820)
[22JY]
Licensing: clear certain impediments (see H.R. 4583) [15JN]
Maranatha (vessel): certificate of documentation (see H.R. 4836)
[26JY]
Marinas: treatment as offshore facilities (see H. Con. Res. 262)
[28JN]
Merchant marine industry: authorize appropriations for certain
maritime programs and revitalize U.S.-flag merchant marine
(H.R. 4003), consideration (see H. Res. 500) [1AU]
Old Hat (vessel): certificate of documentation (see H.R. 4537)
[26MY]
Orca (vessel): certificate of documentation (see H.R. 4563) [9JN]
Raven (vessel): certificate of documentation (see H.R. 4733, 4890)
[12JY] [2AU]
Reel Toy (vessel): certificate of documentation (see H.R. 4319)
[28AP]
Rendezvous (vessel): certificate of documentation (see H.R. 4552)
[8JN]
Safety: improve the safety of towing vessels (see H.R. 4058)
[16MR]
Sea Hawk III (vessel): certificate of documentation (see H.R.
4717) [30JN]
Seascape (vessel): certificate of documentation (see H.R. 4090)
[17MR]
Shamrock V (vessel): certificate of documentation (see H.R. 3922)
[28FE]
Silent Wings (vessel): certificate of documentation (see H.R.
4538) [26MY]
Smalley 6808 (vessel): certificate of documentation (see H.R.
4660) [27JN]
Sphinx (U.S.S.): convey to the Rio Grande Military Museum, Port
Isabel, TX (see H.R. 3887) [23FE]
Spirit of the Pacific Northwest (vessel): certificate of
documentation (see H.R. 4798) [19JY]
Sunrise (vessel): certificate of documentation (see H.R. 4368)
[5MY]
[[Page 2816]]
Sunshine (vessel): certificate of documentation (see H.R. 3983)
[8MR]
Tecumseh (vessel): certificate of documentation (see H.R. 4807)
[20JY]
Transportation: establish a National Transportation System (see
H.R. 4305) [28AP]
Westwind (vessel): certificate of documentation (see H.R. 4732)
[12JY]
Wolf Gang II (vessel): certificate of documentation (see H.R.
4443) [17MY]
Messages
Panama Canal Commission: President Clinton [12AP]
Motions
Merchant marine industry: authorize appropriations for certain
maritime programs and revitalize U.S.-flag merchant marine
(H.R. 4003) [2AU]
Reports filed
Ballast Water Management Act: Committee on Merchant Marine and
Fisheries (House) (H.R. 3360) (H. Rept. 103-440) [21MR]
Consideration of H.R. 4003, Maritime Administration and
Promotional Reform Act: Committee on Rules (House) (H. Res.
500) (H. Rept. 103-646) [1AU]
Coverage of Federal Labor Laws on Foreign Documented Vessels:
Committee on Education and Labor (House) (H.R. 1517) (H. Rept.
103-818) [3OC]
Federal Maritime Commission Appropriations: Committee on Merchant
Marine and Fisheries (H.R. 4391) (H. Rept. 103-716) [12SE]
Maritime Programs Appropriations and Revitalization of U.S.-Flag
Merchant Marine: Committee on Ways and Means (House) (H.R.
4003) (H. Rept. 103-544) [29JY]
National Shipbuilding Initiative: Committee on Merchant Marine and
Fisheries (House) (H.R. 2547) (H. Rept. 103-420) [9FE]
Recreational Boating Safety Improvement Act: Committee on Merchant
Marine and Fisheries (House) (H.R. 3786) (H. Rept. 103-445)
[21MR]
Recreational Boating Safety Programs: Committee on Merchant Marine
and Fisheries (House) (H.R. 4477) (H. Rept. 103-849) [7OC]
U.S. Shipbuilding and Repair Industry: Committee on Natural
Resources (House) (H.R. 1402) (H. Rept. 103-589) [12JY]
SHUSTER, BUD (a Representative from Pennsylvania)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Conferee: H.R. 965, Child Safety Protection Act [13AP]
------H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 2739, Airport and Airway Improvement Act appropriations
[26JY]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[23MY]
------S. 21, California Desert Protection Act [4OC]
------S. 1587, Federal Acquisition Streamlining Act [4AU]
------S. 1887, National Highway System Designation Act [29SE]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
SILENT WINGS (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 4538) [26MY]
SIMMONS, UBALDINA
Bills and resolutions
Ubaldina Simmons U.S. Post Office, Saint John, VI: designate (see
H.R. 4193) [13AP]
SISISKY, NORMAN (a Representative from Virginia)
Appointments
Conferee: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 4299, intelligence services appropriations [13SE]
------S. 1587, Federal Acquisition Streamlining Act [4AU]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
SKAGGS, DAVID E. (a Representative from Colorado)
Appointments
Conferee: H.R. 4299, intelligence services appropriations [13SE]
------H.R. 4602, Dept. of the Interior and related agencies
appropriations [13SE]
------H.R. 4649, District of Columbia appropriations [28JY]
Bills and resolutions introduced by
Gilpin County, CO: Federal land acquisition (see H.R. 5016) [21AU]
Haiti: presence of U.S. Armed Forces (see H. Con. Res. 276) [3AU]
Rocky Mountain National Park: designate certain lands as
wilderness (see H.R. 4333) [3MY]
SKEEN, JOE (a Representative from New Mexico)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Conferee: H.R. 3759, making supplemental appropriations [10FE]
------H.R. 4554, agriculture, rural development, FDA, and related
agencies programs appropriations [13SE]
------H.R. 4650, Dept. of Defense appropriations [13SE]
U.S. Naval Academy Board of Visitors [21JN]
Bills and resolutions introduced by
Native Americans: promote and expand Federal assistance for Indian
institutions of higher learning (see H. Res. 539) [21SE]
Trucking industry: effective date of trucking deregulation (see
H.R. 5071) [21SE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
Agriculture, rural development, FDA, and related agencies
programs: making appropriations (H.R. 4554) [13SE]
SKELTON, IKE (a Representative from Missouri)
Appointments
Conferee: S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Armed Forces: child support enforcement procedures for members
(see H.R. 5140) [30SE]
Budget: caps on defense and nondefense discretionary spending (see
H.R. 4259) [20AP]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
SLATTERY, JIM (a Representative from Kansas)
Appointments
Conferee: S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Health: require direct patient or insurer billing of diagnostic,
laboratory, or other ancillary health services (see H.R. 3939)
[2MR]
Motorcycles: regulation of helmet use (see H.R. 4805) [20JY]
Veterans: compensation rate for veterans with service-connected
disabilities and survivors' dependency and indemnity
compensation (see H.R. 4088) [17MR]
SLAUGHTER, LOUISE McINTOSH (a Representative from New York)
Appointments
National Commission To Support Law Enforcement [20DE]
Bills and resolutions introduced by
Bankruptcy: status of child support and alimony payments and
responsibility for marital debts in divorce or separation
agreements (see H.R. 4711) [30JN]
Black Lung Benefits Act: improve (H.R. 2108), consideration (see
H. Res. 428) [17MY]
California: management of the Presidio military facility (H.R.
3433), consideration (see H. Res. 516) [10AU]
Crime: protection from sexual predators (see H.R. 3990) [9MR]
Depts. of Veterans Affairs, HUD, and sundry independent agencies:
authorizing appropriations (H.R. 4624), consideration (see H.
Res. 465) [27JN]
Ecology and environment: research and development of environmental
technology (H.R. 3870), consideration (see H. Res. 483) [20JY]
Education: authorizing appropriations for certain programs (H.R.
6), consideration of conference report (see H. Res. 556)
[29SE]
Explosives: regulation (see H.R. 4828) [25JY]
Financial institutions: treatment of U.S. banks by foreign
countries (H.R. 4926), consideration (see H. Res. 543) [23SE]
Health care facilities: access to clinic entrances (S. 636),
request conference with the Senate (see H. Res. 374) [2MR]
------access to clinic entrances (S. 636), waiving points of order
against conference report (see H. Res. 417) [4MY]
Housing and community development programs: reauthorize (H.R.
3838), consideration (see H. Res. 482) [20JY]
Human rights: trafficking of Burmese women and girls into Thailand
for forced prostitution (see H. Con. Res. 254) [13JN]
Public Health Service: improve health of disadvantaged individuals
(S. 1569), consideration of conference report (see H. Res.
574) [6OC]
Taxation: treatment of controlled foreign corporation
distributions relative to investment of the distributions in
the U.S. (see H.R. 3933) [1MR]
Reports filed
Consideration of Conference Report on H.R. 6, Education Programs
Appropriations: Committee on Rules (House) (H. Res. 556) (H.
Rept. 103-767) [29SE]
Consideration of Conference Report on S. 1569, Minority Health
Improvement Act: Committee on Rules (House ) (H. Res. 574) (H.
Rept. 103-845) [6OC]
Consideration of H.R. 2108, Black Lung Benefits Act Improvement:
Committee on Rules (House) (H. Res. 428) (H. Rept. 103-508)
[17MY]
Consideration of H.R. 3433, Management of the Presidio Military
Facility: Committee on Rules (House) (H. Res. 516) (H. Rept.
103-696) [10AU]
Consideration of H.R. 3838, Housing and Community Development Act:
Committee on Rules (House) (H. Res. 482) (H. Rept. 103-612)
[20JY]
Consideration of H.R. 3870, Research and Development of
Environmental Technology: Committee on Rules (House) (H. Res.
483) (H. Rept. 103-613) [20JY]
Consideration of H.R. 4624, Depts. of Veterans Affairs, HUD, and
Sundry Independent Agencies Appropriations: Committee on Rules
(House) (H. Res. 465) (H. Rept. 103-563) [27JN]
Consideration of H.R. 4926, Treatment of U.S. Banks by Foreign
Countries: Committee on Rules (House) (H. Res. 543) (H. Rept.
103-743) [23SE]
Request Conference With Senate on S. 636, Freedom of Access to
Clinic Entrances Act: Committee on Rules (House) (H. Res. 374)
(H. Rept. 103-427) [2MR]
Waiving Points of Order Against Conference Report on S. 636,
Freedom of Access to Clinic Entrances Act: Committee on Rules
(House) (H. Res. 417) (H. Rept. 103-493) [4MY]
SLOVAK REPUBLIC
Bills and resolutions
NATO: assist transition of certain countries to NATO membership
(see H.R. 4210) [14AP]
SMALL BUSINESS
related term(s) Business and Industry
Appointments
Conferees: S. 2060, amend Small Business Act [21SE]
Bills and resolutions
Appropriations: authorization for programs (see H.R. 4172) [12AP]
------authorize for loans to concerns detrimentally affected by
defense reductions (see H.R. 4026) [11MR]
------loans for businesses affected by defense reductions (see
H.R. 4174) [12AP]
Bankruptcy: eligibility of small business investment companies to
file bankruptcy (see H.R. 4140) [24MR]
Contracts: modify financial disclosure requirements for
individuals applying for contract awards targeted for the
economically disadvantaged (see H.R. 4875) [1AU]
Government: encourage small and minority-owned businesses to
participate in Federal procurement and Government contracts
(see H.R. 4263) [20AP]
[[Page 2817]]
Interagency Trade Organization: designate the SBA Administrator as
a member (see H.R. 4252) [19AP]
Investments: prepayment of debentures issued by State and local
development companies (see H.R. 4298) [25AP]
Microloan demonstration program: expand (see H.R. 4173) [12AP]
National Park Service: consideration of Native American businesses
for concessions contracts (see H.R. 4389) [11MY]
SBA: establish accredited lenders program for qualified State and
local development companies (see H.R. 4723) [12JY]
Small Business Act: amend (see H.R. 4801) [20JY]
Taxation: gas guzzler tax exemption for automobiles lengthened by
certain small manufacturers (see H.R. 3791) [3FE]
------modify certain rules of subchapter S corporations (see H.R.
4877) [1AU]
------provide incentives for job creation and business
opportunities (see H.R. 4201) [13AP]
------treatment of health insurance costs of self-employed
individuals (see H.R. 5111, 5137) [27SE] [29SE]
Urban areas: financial assistance and capital gains exclusion for
businesses operating in urban empowerment and enterprise zones
(see H.R. 4175) [12AP]
White House Conference on Small Business: requirement to publish
final report in the Federal Register and to distribute copies
to SBA regional offices (see H.R. 4874) [1AU]
Messages
State of Small Business: President Clinton [1FE]
Motions
Small Business Act: amend (S. 2060; H.R. 4801) [21SE]
Reports by conference committees
Small Business Act Amendments (S. 2060) [3OC]
Reports filed
Consideration of H.R. 4801, Small Business Act Amendments:
Committee on Rules (House) (H. Res. 494) (H. Rept. 103-627)
[28JY]
Encourage Small and Minority-Owned Businesses To Participate in
Federal Procurement and Government Contracts: Committee on
Small Business (House) (H.R. 4263) (H. Rept. 103-608) [18JY]
Federal Construction Procurement and Prevailing Wage Protection
for Construction Workers: Committee on Education and Labor
(House) (H.R. 1231) (H. Rept. 103-856) [7OC]
Problems Facing Minority and Women-Owned Small Businesses:
Committee on Government Operations (House) (H. Rept. 103-870)
[29NO]
Small Business Act Amendments: committee of conference (S. 2060)
(H. Rept. 103-824) [3OC]
------Committee on Small Business (House) (H.R. 4801) (H. Rept.
103-616) [21JY]
Small Business Development Company Program Appropriations:
Committee on Small Business (House) (H.R. 4322) (H. Rept. 103-
572) [30JN]
SMALL BUSINESS ACT
Appointments
Conferees: S. 2060, amendments [21SE]
Bills and resolutions
Amendments (see H.R. 4801) [20JY]
Motions
Amendments (H.R. 4801) [21SE]
Amendments (S. 2060) [21SE]
Reports by conference committees
Amendments (S. 2060) [3OC]
Reports filed
Amendments: Committee of Conference (S. 2060) (H. Rept. 103-824)
[3OC]
------Committee on Small Business (House) (H.R. 4801) (H. Rept.
103-616) [21JY]
Consideration of H.R. 4801, Amendments: Committee on Rules (House)
(H. Res. 494) (H. Rept. 103-627) [28JY]
SMALL BUSINESS ADMINISTRATION
Bills and resolutions
Interagency Trade Organization: designate the SBA Administrator as
a member (see H.R. 4252) [19AP]
Small business: require White House Conference on Small Business
to publish final report in the Federal Register and to
distribute copies to SBA regional offices (see H.R. 4874)
[1AU]
SMALL BUSINESS INVESTMENT ACT
Bills and resolutions
Investments: prepayment of debentures issued by State and local
development companies (see H.R. 4298) [25AP]
SMALLEY 6808 (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 4660) [27JN]
SMITH, CHRISTOPHER H. (a Representative from New Jersey)
Appointments
Committee for the Funeral of Dean A. Gallo [29NO]
Bills and resolutions introduced by
Haiti: establish congressional commission to assess U.S. policy
options (see H. Con. Res. 264) [30JN]
Refuse disposal: State control of municipal solid waste
transportation and disposal (see H.R. 4661, 4662) [28JN]
------State control of transportation and disposal of municipal
solid waste (see H.R. 4859) [29JY]
Veterans: add bronchioloalveolar carcinoma to the list of service-
connected diseases (see H.R. 4156) [24MR]
------specialized services to disabled veterans (see H.R. 4428)
[16MY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
Health care facilities: access to clinic entrances (S. 636) [17MR]
SMITH, LAMAR S. (a Representative from Texas)
Appointments
Conferee: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
Bills and resolutions introduced by
Coins: mint in commemoration of the 50th anniversary of the World
War II peace accords (see H.R. 3820) [8FE]
Credit: Federal subsidy rates and administrative costs of direct
loans and loan guarantees (see H.R. 4178) [12AP]
Endangered species: protection of private property rights and
compensation for economic loss due to critical habitat
designation (see H.R. 5073) [22SE]
Government: establish commission for disposal of property, closure
and consolidation of Federal agencies and procurement of
Federal agency functions (see H.R. 4433) [17MY]
Immigration and Nationality Act: improve immigration laws (see
H.R. 3860) [10FE]
Real property: compensation to owners of property diminished in
value due to decisions of Federal agencies (see H.R. 3784)
[2FE]
Taxation: capital gains (see H.R. 4269) [20AP]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
SMITH, NEAL (a Representative from Iowa)
Appointments
Committee for the Funeral of William H. Natcher [12AP]
Conferee: H.R. 820, National Competitiveness Act [19JY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------H.R. 3759, making supplemental appropriations [10FE]
------H.R. 4554, agriculture, rural development, FDA, and related
agencies programs appropriations [13SE]
------H.R. 4606, Depts. of Labor, HHS, Education, and related
agencies appropriations [13SE]
------S. 1587, Federal Acquisition Streamlining Act [4AU]
------S. 2060, amend Small Business Act [21SE]
Bills and resolutions introduced by
Depts. of Labor, HHS, Education, and related agencies: making
appropriations (see H.R. 4606) [21JN]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
Depts. of Labor, HHS, Education, and related agencies: making
appropriations (H.R. 4606), conference report [22SE]
Reports by conference committees
Depts. of Labor, HHS, Education, and Related Agencies
Appropriations (H.R. 4606) [20SE]
Supplemental Appropriations (H.R. 3759) [11FE]
Reports filed
Depts. of Labor, HHS, Education, and Related Agencies
Appropriations: committee of conference (H.R. 4606) (H. Rept.
103-733) [20SE]
------Committee on Appropriations (House) (H.R. 4606) (H. Rept.
103-553) [21JN]
SMITH, NICK (a Representative from Michigan)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Bills and resolutions introduced by
Dept. of Labor: remove tobacco and alcohol products from Consumer
Price Index calculations relative to payment of Government
benefits (see H.R. 3802) [3FE]
Ecology and environment: permit the conversion of wetlands that
are under a certain acreage (see H.R. 4347) [4MY]
Printing: use of ink made from vegetable oil in lithographic
printing by the Federal Government (see H. Con. Res. 231)
[23MR]
Social Security: age limit eligibility for SSI and medicaid
disability benefits for children (see H.R. 3913) [24FE]
------retirement age adjustment and limitations for benefits per
year relative to prior contributions and income levels (see
H.R. 5308) [29NO]
Taxation: credits to families with young children (see H.R. 5281)
[7OC]
------deductions relative to State and local income and sales
taxes (see H.R. 4420) [12MY]
------treatment of revenue loss due to State and local taxes (see
H.R. 5280) [7OC]
SMITH, ROBERT F. (BOB) (a Representative from Oregon)
Appointments
Conferee: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
Bills and resolutions introduced by
Oregon: emergency repair work on Crooked River Project, Ochoco Dam
(see H.R. 3833) [9FE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
SMITHSONIAN INSTITUTION
Appointments
Board of Regents [29JN]
Bills and resolutions
National Air and Space Museum: context and portrayal of the Armed
Forces in the Enola Gay exhibit (see H. Res. 531) [19SE]
SMUGGLING
see Crime
SNOWE, OLYMPIA J. (a Representative from Maine)
Appointments
Conferee: H.R. 1804, Goals 2000--Educate America Act [11MR]
------H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
Bills and resolutions introduced by
Budget: discretionary spending limits, consideration (see H. Res.
459) [21JN]
Dept. of Commerce: negotiated rulemaking dispute resolution
relative to fishery management plans (see H.R. 4930) [10AU]
------negotiated rulemaking dispute resolution relative to
groundfish fishery management (see H.R. 4932) [10AU]
Dept. of State: passport denials to noncustodial parents subject
to State arrest warrants for nonpayment of child support (see
H.R. 5177) [5OC]
Economic Development Administration: assistance to communities
affected by closure, realignment, or
[[Page 2818]]
downsizing of military installations (see H.R. 4644) [23JN]
Executive Office of the President: consolidate administration of
defense conversion activities (see H.R. 4638) [23JN]
Gulf of Maine: coordination of programs between the Gulf of Maine
council, Federal agencies, and the States (see H.R. 4931)
[10AU]
Health: guidelines for breast cancer screening (see H. Con. Res.
220) [9MR]
Taxation: incentives for employers to hire displaced workers
relative to closure, realignment, or downsizing of military
installations (see H.R. 4639) [23JN]
------treatment of long-term health care insurance (see H.R. 4769)
[14JY]
Texas Low-Level Radioactive Waste Disposal Compact: consent (see
H.R. 4800) [20JY]
Women: establish offices of women's health within certain agencies
(see H.R. 3874) [22FE]
Yugoslavia: U.S. recognition of Macedonia (see H. Con. Res. 210)
[23FE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
Dept. of State, USIA, and related agencies: authorizing
appropriations (H.R. 2333), conference report [28AP]
SOCIAL CONDITIONS
see Domestic policy
SOCIAL LIFE AND CUSTOMS
Bills and resolutions
Native Americans: preserve the traditional lifeways in certain
Alaska Native villages (see H. Con. Res. 266) [14JY]
Reports filed
Kansas and Missouri Metropolitan Culture District Compact:
Committee on the Judiciary (House) (H.R. 4896) (H. Rept. 103-
774) [3OC]
SOCIAL SECURITY
related term(s) Public Welfare Programs
Appointments
Conferees: H.R. 4278, Social Security Domestic Employment Reform
Act [21JN]
Social Security Advisory Board [29NO]
Bills and resolutions
Account numbers: prohibit use except for purposes relative to
Social Security and social services (see H.R. 3919) [28FE]
Aliens: identification of undocumented aliens receiving health
care services (see H.R. 3930) [1MR]
Benefits: retirement age adjustment and limitations for benefits
per year relative to prior contributions and income levels
(see H.R. 5308) [29NO]
Federal aid programs: job opportunity and training programs
relative to independence from welfare system (see H.R. 3742)
[26JA]
Government: entitlements (see H. Con. Res. 301) [30SE]
------entitlements (H. Con. Res. 301), consideration (see H. Res.
563) [4OC]
Health: choice of medical treatment methods (see H.R. 4696) [30JN]
------ensure equal coverage of children under family class
enrollment plans in health care reform (see H.R. 4829) [26JY]
------ensure preservation of group health insurance packages and
prevent discriminatory practices in health care reform
legislation (see H. Con. Res. 256) [16JN]
------evaluation of impact of national policy to provide health
care and reform insurance procedures (see H.R. 4463) [19MY]
------inclusion of mental health and substance abuse benefits in
health care reform (see H.R. 4376) [10MY]
------national policy to provide health care and reform insurance
procedures (see H.R. 4816, 4856, 5119, 5300) [22JY] [28JY]
[28SE] [29NO]
------national policy to provide health care and reform insurance
procedures (H.R. 3600), consideration of substitute amendment
(see H. Res. 508) [4AU]
------referendum on national health care reform (see H. Con. Res.
310) [6OC]
Health care facilities: require nondiscrimination policies for
State hospitals and nursing facilities receiving funds (see
H.R. 5104, 5105) [26SE]
Medicaid: State coverage of children with special health care
needs (see H.R. 4687) [30JN]
Medicare: availability of patient record to treating physicians
(see H.R. 3907) [24FE]
------consideration of health of primary caregiver in coverage of
durable medical equipment (see H.R. 4756) [14JY]
------coverage of betaseron treatment for multiple sclerosis (see
H.R. 4610, 4654) [21JN] [27JN]
------limitation on payment for outpatient hospital service (see
H.R. 4216) [14AP]
------open enrollment period for individuals formerly covered
under group health plans of local educational agencies (see
H.R. 5153) [30SE]
------prospective payment wage index modifier for rural hospitals
(see H.R. 5276) [7OC]
Members of Congress: ensure equal coverage and benefits as private
citizens under national health care system (see H. Res. 434)
[23MY]
Public welfare programs: allow States to replace JOBS program with
a program to assist AFDC recipients (see H.R. 4793) [19JY]
------determination of disability benefits relative to drug
trafficking enterprises and ability to engage in gainful
activities (see H.R. 3929) [1MR]
------require any reform legislation with employment requirements
for AFDC recipients be conditional on State unemployment rate
(see H. Con. Res. 226) [17MR]
Social Security Act: technical amendments (see H.R. 5252) [7OC]
SSI: eliminate fraud in disability benefits to children (see H.R.
4281) [21AP]
------provide benefits to needy children for health, child care,
and other support services (see H.R. 3737) [26JA]
Taxation: provide incentives for job creation and business
opportunities (see H.R. 4201) [13AP]
------reduce taxes and provide for individual retirement accounts
funded by Social Security payroll deductions (see H.R. 3803)
[3FE]
------State and local taxation of benefits (see H.R. 3788) [3FE]
------treatment of government pensions relative to Social Security
(see H.R. 4648) [24JN]
------treatment of long-term health care insurance (see H.R. 4769)
[14JY]
Messages
Agreement Between the U.S. and Greece Relative to Social Security:
President Clinton [26JA]
Federal Council on the Aging: President Clinton [11MY]
Work and Responsibility Act: President Clinton [21JN]
Reports by conference committees
Social Security Domestic Employment Reform Act (H.R. 4278) [6OC]
Reports filed
Consideration of H. Con. Res. 301, Public Welfare Programs
Entitlements: Committee on Rules (House) (H. Res. 563) (H.
Rept. 103-828) [4OC]
Health Security Act: Committee on Armed Services (House) (H.R.
3600) (H. Rept. 103-601) [28JY]
------Committee on Education and Labor (House) (H.R. 3600) (H.
Rept. 103-601) [22JY]
------Committee on Government Operations (House) (H.R. 3600) (H.
Rept. 103-601) [12AU]
------Committee on Natural Resources (House) (H.R. 3600) (H. Rept.
103-601) [6OC]
------Committee on Post Office and Civil Service (House) (H.R.
3600) (H. Rept. 103-601) [7OC]
------Committee on Veterans' Affairs (House) (H.R. 3600) (H. Rept.
103-601) [2AU]
------Committee on Ways and Means (House) (H.R. 3600) (H. Rept.
103-601) [14JY]
National Policy To Provide Health Care and Reform Insurance
Procedures: Committee on Education and Labor (House) (H.R.
3960) (H. Rept. 103-618) [22JY]
Social Security Domestic Employment Reform Act: committee of
conference (H.R. 4278) (H. Rept. 103-842) [6OC]
Social Security Management of Domestic Service Employment Taxes,
Federal Disability Insurance Trust Fund, and Benefits for
Incarcerated Individuals: Committee on Ways and Means (House)
(H.R. 4278) (H. Rept. 103-491) [4MY]
SOCIAL SECURITY ADMINISTRATION
Appointments
Conferees: H.R. 4277, establish Social Security Administration as
an independent agency [21JN]
Motions
Independent agency: establish (H.R. 4277) [21JN]
Reports by conference committees
Social Security Administration Establishment as Independent Agency
(H.R. 4277) [4AU]
Reports filed
Social Security Administration Establishment as Independent
Agency: committee of conference (H.R. 4277) (H. Rept. 103-670)
[4AU]
------Committee on Ways and Means (House) (H.R. 4277) (H. Rept.
103-506) [12MY]
SOCIAL SECURITY DOMESTIC EMPLOYMENT REFORM ACT
Appointments
Conferees: H.R. 4278, provisions [21JN]
Reports by conference committees
Provisions (H.R. 4278) [6OC]
Reports filed
Provisions: committee of conference (H.R. 4278) (H. Rept. 103-842)
[6OC]
SOLAR ENERGY
related term(s) Power Resources
Reports filed
Remove Certain Power Facility Size Limitations to Encourage the
Production of Renewable Resource Energy: Committee on Energy
and Commerce (House) (H.R. 4866) (H. Rept. 103-684) [8AU]
SOLID WASTE
see Refuse Disposal; Sewage Disposal
SOLID WASTE DISPOSAL ACT
Bills and resolutions
Refuse disposal: application of certain requirements to out-of-
State solid waste generated and disposed of within the same
bi-State metropolitan statistical area (see H.R. 5288) [7OC]
------State control of municipal solid waste transportation and
disposal (see H.R. 4683, 5250) [29JN] [7OC]
------State control of municipal solid waste transportation and
disposal (H.R. 4683), consideration (see H. Res. 552) [27SE]
States: limit out-of-State solid waste disposal (H.R. 4779),
consideration (see H. Res. 551) [27SE]
Motions
States: limit out-of-State solid waste disposal (H.R. 4779),
consideration (H. Res. 551) [28SE]
Reports filed
Consideration of Conference Report on H.R. 4556, Dept. of
Transportation and Related Agencies Appropriations: Committee
on Rules (House) (H. Res. 553) (H. Rept. 103-758) [27SE]
Consideration of H.R. 4683, State Control of Municipal Solid Waste
Transportation and Disposal: Committee on Rules (House) (H.
Res. 552) (H. Rept. 103-757) [27SE]
Consideration of H.R. 4779, Limit Out-of-State Solid Waste
Disposal: Committee on Rules (House) (H. Res. 551) (H. Rept.
103-756) [27SE]
Limit Out-of-State Solid Waste Disposal: Committee on Energy and
Commerce (House) (H.R. 4779) (H. Rept. 103-720) [16SE]
State Control of Municipal Solid Waste Transportation and
Disposal: Committee on Energy and Commerce (House) (H.R. 4683)
(H. Rept. 103-738) [22SE]
SOLOMON, GERALD B.H. (a Representative from New York)
Appointments
Conferee: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 3345, Federal Workforce Restructuring Act [11MR]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
North Atlantic Assembly [25MY]
[[Page 2819]]
Bills and resolutions introduced by
Appropriations: making supplemental (H.R. 3759), correct
enrollment (see H. Con. Res. 204) [8FE]
China, People's Republic of: most-favored-nation status (see H.J.
Res. 372, 373) [26MY] [8JN]
Drugs: prohibit research relative to legalization (see H.R. 3991;
H. Con. Res. 221) [9MR]
Elections: eliminate prohibition on certain State and local
government employees from seeking elective office (see H.R.
3889) [23FE]
Health: vaccination injury compensation requirements (see H.R.
4970) [16AU]
Russia: requirements relative to economic assistance (see H.R.
3992) [9MR]
Taxation: treatment of tax-exempt interest relative to Social
Security benefits and income determination (see H.R. 4421)
[12MY]
Year of the American Flag: designate (see H.J. Res. 361) [26AP]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
SON-IN-LAW DAY
Bills and resolutions
Designate (see H.J. Res. 348) [24MR]
SOUND RECORDING AND REPRODUCING
Bills and resolutions
Courts: photographing, recording and broadcasting of proceedings
(see H.R. 5307) [29NO]
SOUTH AFRICA, REPUBLIC OF
Messages
Addition of South Africa to the Generalized System of Preferences:
President Clinton [21AP]
South African Interim Government: President Clinton [8JN]
SOUTH AMERICA
Bills and resolutions
Peruvian Institutions in the U.S. Week: designate (see H.J. Res.
429) [29NO]
SOUTH CAROLINA
Bills and resolutions
Taxation: treatment of income and transactions relative to land
claims and Federal trust relationship with the Catawba Tribe
of South Carolina (see H.R. 4895) [3AU]
SOUTH DAKOTA
Reports filed
Northern Great Plains Rural Development Commission: Committee on
Agriculture (House) (S. 2099) (H. Rept. 103-700) [12AU]
SPACE POLICY
related term(s) National Aeronautics and Space Administration
Appointments
Conferees: S. 1485, Satellite Carrier Compulsory License Extension
Act [16AU]
Bills and resolutions
NASA: tribute to military branch astronauts who performed missions
to the Moon (see H. Con. Res. 312) [6OC]
National Academy of Space: establish (see H.R. 4621) [21JN]
Messages
Achievements in Aeronautics and Space: President Clinton [10MY]
Motions
Telecommunications: satellite carrier compulsory license
extensions (S. 1485) [16AU]
Reports filed
NASA Appropriations: Committee on Science, Space, and Technology
(House) (H.R. 4489) (H. Rept. 103-654) [3AU]
National Academy of Science, Space, and Technology Establishment
at State Universities: Committee on Public Works and
Transportation (House) (H.R. 1638) (H. Rept. 103-512) [19MY]
Oversight Visit--Baikonur Cosmodrome: Committee on Science, Space,
and Technology (House) (H. Rept. 103-451) [23MR]
SPEAKER OF THE HOUSE OF REPRESENTATIVES
related term(s) Foley, Thomas S.
Appointments
Advisers to U.S. delegations to international trade agreements
conferences, meetings, and negotiations [8FE]
Advisory Council on Unemployment Compensation [12AP]
American Folklife Center Board of Trustees [29NO]
British-American Interparliamentary Group [5MY]
Canada-U.S. Interparliamentary Group [18MY]
Commission on Child and Family Welfare [22MR] [12AP]
Commission on Protecting and Reducing Government Secrecy [29NO]
[20DE]
Commission on the Roles and Capabilities of the U.S. Intelligence
Community [29NO]
Committee for the Funeral of Dean A. Gallo [29NO]
Committee for the Funeral of Richard M. Nixon [28AP]
Committee for the Funeral of William H. Natcher [12AP]
Competitiveness Policy Council [29NO]
Conferees: H.R. 6, education programs appropriations [20SE] [21SE]
------H.R. 322, Mineral Exploration and Development Act [17MY]
[20MY]
------H.R. 820, National Competitiveness Act [19JY] [25JY]
------H.R. 965, Child Safety Protection Act [13AP]
------H.R. 1804, Goals 2000--Educate America Act [23FE] [11MR]
------H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP] [19AP]
------H.R. 2659, bone marrow and organ transplant programs [13AP]
------H.R. 2739, Airport and Airway Improvement Act appropriations
[26JY] [27JY]
------H.R. 2884, School-to-Work Opportunities Act [16MR]
------H.R. 3345, Federal Workforce Restructuring Act [11MR]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY] [23MY] [22JN] [19AU]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP] [23MY]
------H.R. 3759, making supplemental appropriations [10FE]
------H.R. 3841, Interstate Banking Efficiency Act [12MY] [26MY]
------H.R. 4277, establish Social Security Administration as an
independent agency [21JN]
------H.R. 4278, Social Security Domestic Employment Reform Act
[21JN]
------H.R. 4299, intelligence services appropriations [13SE]
------H.R. 4426, foreign operations, export financing, and related
programs appropriations [28JY]
------H.R. 4453, military construction appropriations [26JY]
------H.R. 4454, legislative branch of the Government
appropriations [28JN]
------H.R. 4539, Dept. of the Treasury, Postal Service, Executive
Office of the President, and independent agencies
appropriations [16AU]
------H.R. 4554, agriculture, rural development, FDA, and related
agencies programs appropriations [13SE]
------H.R. 4556, Dept. of Transportation and related agencies
appropriations [20SE]
------H.R. 4602, Dept. of the Interior and related agencies
appropriations [13SE]
------H.R. 4606, Depts. of Labor, HHS, Education, and related
agencies appropriations [13SE]
------H.R. 4624, Depts. of Veterans Affairs, HUD, and sundry
independent agencies appropriations [17AU]
------H.R. 4649, District of Columbia appropriations [28JY]
------H.R. 4650, Dept. of Defense appropriations [13SE]
------H.R. 4950, Jobs Through Trade Expansion Act [4OC]
------S. 21, California Desert Protection Act [4OC]
------S. 24, independent counsel reauthorization [10FE]
------S. 349, Lobbying Disclosure Act [24MR]
------S. 636, Freedom of Access to Clinic Entrances Act [17MR]
------S. 1284, Developmental Disabilities Assistance and Bill of
Rights Act [16MR]
------S. 1485, Satellite Carrier Compulsory License Extension Act
[16AU]
------S. 1569, Minority Health Improvement Act [23MY] [26SE]
------S. 1587, Federal Acquisition Streamlining Act [4AU]
------S. 1887, National Highway System Designation Act [29SE]
------S. 2000, Head Start, LIHEAP, Community Development Block
Grant Program, and Coordinated Services for Children, Youth,
and Families reauthorization [28AP]
------S. 2060, amend Small Business Act [21SE]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Conference of the Interparliamentary Union [12SE]
Congressional Award Board [11MR] [20DE]
Coordinating Council on Juvenile Justice and Delinquency
Prevention [21JN]
Defense Environmental Response Task Force [8FE]
Federal Council on the Aging [21JN]
George Washington's Birthday ceremonies delegation [10FE]
Glass Ceiling Commission [7MR]
House of Representatives Child Care Center Advisory Board [17MR]
Interparliamentary Union [17MR] [18MR]
John C. Stennis Center for Public Service Board of Trustees [20DE]
Mexico-U.S. Interparliamentary Group [17MR]
National Bankruptcy Review Commission [29NO]
National Commission To Support Law Enforcement [20DE]
National Education Goals Panel [13JN]
National Skill Standards Board [20DE]
National Urban Air Toxics Research Center [22JY]
National Women's Business Council [25JA]
North Atlantic Assembly [25MY]
Parliamentarian of the House of Representatives [20SE]
Review Panel of the Office of Fair Employment Practices [12AP]
Smithsonian Institution Board of Regents [29JN]
Social Security Advisory Board [29NO]
U.S. Air Force Academy Board of Visitors [21JN]
U.S. Military Academy Board of Visitors [21JN]
U.S. Naval Academy Board of Visitors [21JN]
White House Conference on Aging Policy Committee [21JN] [22JY]
Messages
Achievements in Aeronautics and Space: President Clinton [10MY]
Addition of South Africa to the Generalized System of Preferences:
President Clinton [21AP]
Addition of Ukraine to the Generalized System of Preferences:
President Clinton [3MR]
Agreement Between the U.S. and Greece Relative to Social Security:
President Clinton [26JA]
Agreement Between the U.S. and the People's Republic of China
Relative to Fisheries: President Clinton [20SE]
Alaska's Mineral Resources Report: President Clinton [22FE]
Arctic Research Policy Biennial Report: President Clinton [2MR]
Blocking of Property in the U.S. of Certain Haitian Nationals:
President Clinton [22JN]
CCC Report: President Clinton [8JN]
Chemical and Biological Weapons: President Clinton [23MY]
Compliance of Emigration Laws and Policies With Respect to
Bulgaria: President Clinton [26JA]
Continuation of Emergency With Respect to Yugoslavia: President
Clinton [25MY]
Cooperation on the Uses of Atomic Energy for Mutual Defense
Purposes Between the U.S. and the United Kingdom: President
Clinton [23MY]
Corp. for Public Broadcasting Report: President Clinton [8MR]
[18MY]
Death of Richard M. Nixon--37th President of the U.S.: President
Clinton [25AP]
Dept. of HHS Revised Deferral of Budget Authority: President
Clinton [3MY]
[[Page 2820]]
Dept. of HUD: President Clinton [10MY]
Dept. of Transportation Annual Report: President Clinton [2MR]
Depts. of Labor and HHS Reports: President Clinton [19AU]
District of Columbia Budget Request: President Clinton [4MY]
Economic Report of the President: President Clinton [23FE]
Emigration Laws and Policies of Bulgaria: President Clinton [21JY]
European Atomic Energy Community: President Clinton [9MR]
Export Control Regulations: President Clinton [12JY] [19AU]
Exports to the People's Republic of China: President Clinton
[13JY]
Extension of Fishery Agreement With Annex Between the U.S. and
Lithuania: President Clinton [19JY]
Federal Advisory Committees: President Clinton [5MY]
Federal Council on the Aging: President Clinton [11MY]
Federal Labor Relations Authority: President Clinton [3OC]
Federal Prevailing Rate Advisory Committee: President Clinton
[14JN]
Federal Railroad Safety Act: President Clinton [2FE]
GATT Implementation Agreements: President Clinton [27SE]
Generalized System of Preferences Relative to Belarus and
Uzbekistan: President Clinton [17AU]
Great Egg Harbor River Report: President Clinton [3FE]
Haitian Embargo: President Clinton [23MY]
Highway Safety Act and the Motor Vehicle Safety Act: President
Clinton [3OC]
Imports of Honey From the People's Republic of China: President
Clinton [21AP]
International Emergency Economic Powers Act: President Clinton
[1AU] [30SE]
Inventory of the Federal Funds Distributed to Public
Telecommunication Entities by Federal Departments and
Agencies: President Clinton [18MY]
Maurice and Manumuskin River and Menantico Creek Report: President
Clinton [3FE]
NAFTA Implementation: President Clinton [6OC]
National Emergency With Respect to Angola: President Clinton
[12AP] [20SE]
National Emergency With Respect to Haiti: President Clinton [30SE]
National Emergency With Respect to Iraq: President Clinton [3MR]
[2AU]
National Emergency With Respect to Iran: President Clinton [17MY]
National Emergency With Respect to Libya: President Clinton [10FE]
[19JY]
National Emergency With Respect to the Former Yugoslavia:
President Clinton [21JN]
National Endowment for Democracy: President Clinton [5MY]
National Endowment for the Humanities Report: President Clinton
[18MY]
National Science Board--Science and Engineering Indicators:
President Clinton [9FE]
National Security Strategy: President Clinton [21JY]
National Union for the Total Independence of Angola: President
Clinton [17AU]
Nuclear Non-Proliferation Act: President Clinton [17MY]
Panama Canal Commission: President Clinton [12AP]
Peace and Security in Bosnia and Herzegovina: President Clinton
[23AU]
Prohibiting Additional Transactions With Haiti: President Clinton
[10JN]
Radiation Control for Health and Safety Act: President Clinton
[22FE]
Railroad Retirement Board Annual Report: President Clinton [6OC]
Reemployment Act: President Clinton [16MR]
Rescissions and Deferrals of Budget Authority: President Clinton
[7FE] [8JN]
Russian Federation's Compliance With Emigration Standards of Trade
Act: President Clinton [21SE]
Sanctions Against Haiti: President Clinton [26AP]
Setting Forth the Federal Budget for 1995: President Clinton [7FE]
South African Interim Government: President Clinton [8JN]
State of Small Business: President Clinton [1FE]
Termination of the Blocking of Panamanian Government Assets:
President Clinton [3OC]
Trade Embargo Against Libya: President Clinton [19JY]
Trade Policy Agenda and Annual Report on the Trade Agreements
Program: President Clinton [8MR]
U.S. Government Activities in the U.N.: President Clinton [19AU]
U.S. Sanctions Relative to Haiti: President Clinton [9MY]
Work and Responsibility Act: President Clinton [21JN]
Rules
Senate References: House Rules [8FE]
SPECIAL DAYS
related term(s) Holidays
Bills and resolutions
Alcohol Awareness Month: designate (see H.J. Res. 335) [10MR]
Chemical Dependency Nurses Week: designate (see H.J. Res. 314)
[1FE]
Civil War History Month: designate (see H.J. Res. 318) [3FE]
D-Day Widows and Orphans National Recognition Day: designate (see
H.J. Res. 408) [12SE]
Davey Allison Remembrance Day: designate (see H.J. Res. 309)
[26JA]
Exercise Tiger Day: designate (see H.J. Res. 305) [25JA]
Gold Star Mothers Day: designate (see H.J. Res. 346) [24MR]
Goods for Guns Month: designate (see H.J. Res. 422) [30SE]
Irish-American Heritage Month: designate (see H.J. Res. 401)
[11AU]
John Steinbeck Day: designate (see H.J. Res. 423) [4OC]
Kashmir World Action Day: designate (see H. Res. 477) [12JY]
Leyte Landing Day: designate (see H.J. Res. 400) [10AU]
Multiple Sclerosis Association of America Month: designate (see
H.J. Res. 381) [21JN]
National American Lacemaker Month: designate (see H.J. Res. 352)
[13AP]
National Arbor Day: designate (see H.J. Res. 322) [10FE]
National Black History Month: designate (see H.J. Res. 313) [1FE]
National Breast Cancer Awareness Month: designate (see H.J. Res.
311) [1FE]
National Community Residential Care Month: designate (see H.J.
Res. 330, 331) [3MR] [8MR]
National Decorative Painting Month: designate (see H.J. Res. 338)
[16MR]
National Foster Care Month: designate (see H.J. Res. 306) [25JA]
National Gang Violence Prevention Week: designate (see H.J. Res.
391) [20JY]
National Good Teen Day: designate (see H.J. Res. 326) [22FE]
National Hispanic Business Week: designate (see H.J. Res. 397)
[2AU]
National Korean War Veterans Armistice Day: designate (see H.J.
Res. 332) [9MR]
National Neighbor Day: designate (see H.J. Res. 354) [14AP]
National Neighborhood Crime Watch Day: designate (see H.J. Res.
374) [9JN]
National Parkinson's Disease Awareness Week: designate (see H.J.
Res. 359) [20AP]
National POW/MIA Recognition Day: designate (see H.J. Res. 369)
[24MY]
------designate (see H.J. Res. 376) [13JN]
National Red Ribbon Week for a Drug-Free America: designate (see
H.J. Res. 409) [13SE]
National Savings Month: designate (see H. Res. 371, 403) [24FE]
[12AP]
National Sewing Month: designate (see H.J. Res. 337) [15MR]
National Tap Dance Day: designate (see H.J. Res. 370) [25MY]
National U.S. Seafood Week: designate (see H.J. Res. 387) [12JY]
National Wartime Nurses Recognition Day: designate (see H.J. Res.
375) [13JN]
Native American Heritage Day: designate (see H.J. Res. 404) [18AU]
Pediatric and Adolescent AIDS Awareness Week: designate (see H.J.
Res. 334) [10MR]
Persian Gulf War Veteran Recognition Day: designate (see H.J. Res.
320) [8FE]
Peruvian Institutions in the U.S. Week: designate (see H.J. Res.
429) [29NO]
Portuguese American Friendship Day: designate (see H.J. Res. 371)
[26MY]
Son-in-Law Day: designate (see H.J. Res. 348) [24MR]
U.N. Day: designate (see H.J. Res. 426) [7OC]
Ukrainian Independence Day: designate (see H. Con. Res. 283)
[16AU]
Reports filed
National Pearl Harbor Remembrance Day: Committee on Post Office
and Civil Service (House) (H.J. Res. 131) (H. Rept. 103-595)
[12JY]
SPENCE, FLOYD (a Representative from South Carolina)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Conferee: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 4299, intelligence services appropriations [13SE]
------S. 1587, Federal Acquisition Streamlining Act [4AU]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Motions offered by
National defense: authorizing appropriations for Dept. of Defense
and Dept. of Energy defense activities (S. 2182) [25JY]
SPHINX (U.S.S.)
Bills and resolutions
Port Isabel, TX: convey to the Rio Grande Military Museum (see
H.R. 3887) [23FE]
SPORTS
Bills and resolutions
Arlington, TX: flying of aircraft over The Ballpark in Arlington
(see H.R. 4985) [18AU]
Boxing: safety for journeyman boxers (see H.R. 4900) [4AU]
------safety of journeyman boxers (see H.R. 4753) [13JY]
Capitol Building and Grounds: authorize Special Olympics torch
relay (see H. Con. Res. 236) [24MR]
------authorizing use of grounds for Greater Washington Soap Box
Derby (see H. Con. Res. 238) [13AP]
Davey Allison Remembrance Day: designate (see H.J. Res. 309)
[26JA]
District of Columbia: authority to issue revenue bonds for
construction of convention center and sports arena (see H.R.
4888) [2AU]
Major League Baseball: apply arbitration for strikes (see H.R.
5095) [23SE]
National Sports Heritage Commission: establish (see H.R. 4843)
[27JY]
Tariff: personal affects of certain individuals associated with
the World Rowing Championships (see H.R. 3938) [2MR]
Reports filed
Application of Antitrust Laws to Major League Baseball Players'
Strike: Committee on the Judiciary (House) (H.R. 4994) (H.
Rept. 103-871) [29NO]
Authorize Special Olympics Torch Relay on Capitol Grounds:
Committee on Public Works and Transportation (House) (H. Con.
Res. 236) (H. Rept. 103-510) [18MY]
Authorize Use of the Capitol Building and Grounds for the Greater
Washington Soap Box Derby: Committee on Public Works and
Transportation (House) (H. Con. Res. 238) (H. Rept. 103-515)
[19MY]
Temporary Suspension of Duty on Personal Effects of Participants
in Certain International Sporting
[[Page 2821]]
Events: Committee on Ways and Means (House) (H.R. 4066) (H.
Rept. 103-454) [24MR]
SPOUSE ABUSE
see Families and Domestic Relations
SPRATT, JOHN M., JR. (a Representative from South Carolina)
Appointments
Conferee: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------S. 1587, Federal Acquisition Streamlining Act [4AU]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Budget: consideration of budget authority rescission proposals
(see H.R. 4600) [17JN]
------establish direct spending targets (see H.R. 4604) [21JN]
------provide a mechanism for dedicating spending cuts in
discretionary spending programs to deficit reduction (see H.R.
5282) [7OC]
------reform of baseline budgeting, consideration of rescissions,
use of spending cuts for deficit reduction, and treatment of
emergency designation in legislation (see H.R. 4907) [5AU]
Congress: limit consideration of nonemergency matters in emergency
legislation (see H.R. 4906) [5AU]
Executive departments: protection of employees who provide
information to Congress or to inspectors general (see H.R.
4680) [29JN]
Inspectors general: expand mission and provide greater
independence (see H.R. 4679) [29JN]
Taxation: treatment of income and transactions relative to land
claims and Federal trust relationship with the Catawba Tribe
of South Carolina (see H.R. 4895) [3AU]
ST. LOUIS, MO
Reports filed
Thomas F. Eagleton U.S. Courthouse, St. Louis, MO: Committee on
Public Works and Transportation (House) (H.R. 4790) (H. Rept.
103-637) [1AU]
STAMPS
see Postage and Stamps
STARK, FORTNEY PETE (a Representative from California)
Appointments
Conferee: H.R. 2739, Airport and Airway Improvement Act
appropriations [26JY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
Bills and resolutions introduced by
Committee on the District of Columbia (House): expenses for
investigations and studies (see H. Res. 346) [3FE]
District of Columbia: confirm and enforce limitations on the
height of buildings and roof structures (see H.R. 4121, 4242,
4243) [23MR] [18AP]
------tax treatment and location of certain Federal agencies (see
H.R. 3861) [10FE]
FTC: issue trade regulation rule to release the prescription of
contact lenses (see H.R. 5195) [5OC]
Medicare: open enrollment period for individuals formerly covered
under group health plans of local educational agencies (see
H.R. 5153) [30SE]
Social Security Act: technical amendments (see H.R. 5252) [7OC]
Taxation: increase excise tax on tobacco products (see H.R. 4089)
[17MR]
Tobacco products: award Congressional Medal of Appreciation for
Public Spirit to person who made public concealed documents
relative to health hazards of smoking (see H.J. Res. 367)
[18MY]
Reports filed
Determination of the Amount of Federal Payments to the District of
Columbia: Committee on the District of Columbia (House) (H.R.
2902) (H. Rept. 103-754) [27SE]
STATEN ISLAND, NY
see New York, NY
STATES
related term(s) Federal Aid Programs; National Guard
Appointments
Conferees: H.R. 1804, Goals 2000--Educate America Act [23FE]
[11MR]
------H.R. 2884, School-to-Work Opportunities Act [16MR]
------H.R. 3841, Interstate Banking Efficiency Act [12MY] [26MY]
Bills and resolutions
Bankruptcy: limit value of certain real and personal property
relative to exemptions under State or local laws (see H.R.
4493) [25MY]
Clean Air Act: State implementation plans (see H.R. 4951, 4953)
[12AU]
Colleges and universities: eliminate segregationist language from
certain laws relative to funding of State universities (see
H.R. 5310) [29NO]
Courts: Federal grants for the employment of additional State
prosecutors (see H.R. 3816) [8FE]
------Federal recognition of certain State laws relative to
confidentiality privileges (see H.R. 3985) [9MR]
------require plaintiff in a diversity of citizenship case not be
a resident of the State in which case is brought (see H.R.
4446) [18MY]
Crime: require that State laws relating to certain assaults be
enforced without regard to the age of the victim (see H.R.
4526) [26MY]
Dept. of Education: reduce increase in grants to State and local
education agencies (see H.R. 3725) [25JA]
Dept. of State: passport denials to noncustodial parents subject
to State arrest warrants for nonpayment of child support (see
H.R. 5175) [4OC]
Diseases: disclosure of HIV status of newborn infants to the legal
guardians (see H.R. 4507) [26MY]
Economy: impact of Federal legislation and regulations on business
and local government (see H.R. 4006) [10MR]
Education: national policy to improve system (H.R. 1804),
corrections in enrollment (see H. Con. Res. 230) [23MR]
Elections: eliminate prohibition on certain State and local
government employees from seeking elective office (see H.R.
3889) [23FE]
------prohibit intentional creation of legislative districts based
on the race, color, national origin, or language of voters
within such districts (see H.R. 4637) [23JN]
FBI: allow certain former agents to carry concealed firearms (see
H.R. 3971) [8MR]
Federal aid programs: job opportunity and training programs
relative to independence from welfare system (see H.R. 3742)
[26JA]
Federal-State relations: increase payments to units of general
local government for entitlement lands (S. 455), consideration
(see H. Res. 565) [4OC]
Fire prevention: grants for arson research, prevention, and
control (H.R. 1727), Senate amendments (see H. Res. 413)
[26AP]
Firearms: assistance for State and local programs exchanging
merchandise vouchers for firearms (see H.R. 3771) [2FE]
Gambling: limit authority of States to regulate gambling devices
on vessels (see H.R. 5242) [7OC]
Government: health care reform prerogatives (see H. Con. Res. 277)
[4AU]
Health: demonstration projects to provide outreach services
relative to Federal, State, and local health programs benefits
(see H.R. 4929) [10AU]
Idaho: designate certain lands as wilderness (see H.R. 3732)
[25JA]
Investments: prepayment of debentures issued by State and local
development companies (see H.R. 4298) [25AP]
Law enforcement: require reporting of certain crime information to
the FBI (see H.R. 5152) [30SE]
Law enforcement officers: standards and protections for the
conduct of internal investigations (see H.R. 4179) [12AP]
Medicaid: State coverage of children with special health care
needs (see H.R. 4687) [30JN]
Mississippi: designate areas as part of Appalachian region (see
H.R. 4726) [12JY]
National Guard: improve administration (see H.R. 4255) [19AP]
National Guard Bureau: grant charter (see H.R. 4149, 4255) [24MR]
[19AP]
Pipelines: mandatory one-call system to protect underground
facilities from damage by any excavation (see H.R. 4394, 5248)
[11MY] [7OC]
Public welfare programs: require any reform legislation with
employment requirements for AFDC recipients be conditional on
State unemployment rate (see H. Con. Res. 226) [17MR]
Refuse disposal: application of certain requirements to out-of-
State solid waste generated and disposed of within the same
bi-State metropolitan statistical area (see H.R. 5288) [7OC]
------limit out-of-State solid waste disposal (H.R. 4779),
consideration (see H. Res. 551) [27SE]
------State control of municipal solid waste transportation and
disposal (see H.R. 4683, 5250) [29JN] [7OC]
------State control of municipal solid waste transportation and
disposal (H.R. 4683), consideration (see H. Res. 552) [27SE]
Roads and highways: conversion of signs to metric units (see H.R.
3766) [2FE]
SBA: establish accredited lenders program for qualified State and
local development companies (see H.R. 4723) [12JY]
Sewage disposal: management plans relative to alternatives to
ocean dumping (see H.R. 4447) [18MY]
Social Security: allow States to replace JOBS program with a
program to assist AFDC recipients (see H.R. 4793) [19JY]
------State and local taxation of benefits (see H.R. 3788) [3FE]
Taxation: deductions relative to State and local income and sales
taxes (see H.R. 4233) [14AP]
Trucking industry: State regulation of motor carriers (see H.R.
5123) [28SE]
Water pollution: eligibility of State and local government
employees to serve on State boards that issue permits for
discharges into navigable waters (see H.R. 5150) [30SE]
Motions
Education: national policy to improve system (H.R. 1804) [23FE]
------national policy to improve system (H.R. 1804), conference
report [23MR]
Refuse disposal: limit out-of-State solid waste disposal (H.R.
4779), consideration (H. Res. 551) [28SE]
Reports by conference committees
Goals 2000--Educate America Act (H.R. 1804) [21MR]
Interstate Banking Efficiency Act (H.R. 3841) [2AU]
School-to-Work Opportunities Act (H.R. 2884) [19AP]
Reports filed
Comprehensive One-Call Notification Act: Committee on Energy and
Commerce (House) (H.R. 4394) (H. Rept. 103-765) [29SE]
------Committee on Public Works and Transportation (House) (H.R.
4394) (H. Rept. 103-765) [30SE]
Consideration of Conference Report on H.R. 3841, Interstate
Banking Efficiency Act: Committee on Rules (House) (H. Res.
505) (H. Rept. 103-658) [3AU]
Consideration of Conference Report on H.R. 4556, Dept. of
Transportation and Related Agencies Appropriations: Committee
on Rules (House) (H. Res. 553) (H. Rept. 103-758) [27SE]
Consideration of H.R. 4683, State Control of Municipal Solid Waste
Transportation and Disposal: Committee on Rules (House) (H.
Res. 552) (H. Rept. 103-757) [27SE]
Consideration of H.R. 4779, Limit Out-of-State Solid Waste
Disposal: Committee on Rules (House) (H. Res. 551) (H. Rept.
103-756) [27SE]
Consideration of S. 455, Payments in Lieu of Taxes Act: Committee
on Rules (House) (H. Res. 565) (H. Rept. 103-830) [4OC]
Criminal Aliens--Federal Responsibility and State and Local
Burden: Committee on Government Operations (House) (H. Rept.
103-645) [1AU]
Goals 2000--Educate America Act: committee of conference (H.R.
1804) (H. Rept. 103-446) [21MR]
Interstate Banking Efficiency Act: committee of conference (H.R.
3841) (H. Rept. 103-651) [2AU]
------Committee on Banking, Finance and Urban Affairs (House)
(H.R. 3841) (H. Rept. 103-448) [22MR]
Limit Out-of-State Solid Waste Disposal: Committee on Energy and
Commerce (House) (H.R. 4779) (H. Rept. 103-720) [16SE]
[[Page 2822]]
Limit State Taxation of Pension Income: Committee on the Judiciary
(House) (H.R. 546) (H. Rept. 103-776) [3OC]
Payments in Lieu of Taxes Act: Committee on Natural Resources
(House) (S. 455) (H. Rept. 103-838) [5OC]
School-to-Work Opportunities Act: committee of conference (H.R.
2884) (H. Rept. 103-480) [19AP]
State Control of Municipal Solid Waste Transportation and
Disposal: Committee on Energy and Commerce (House) (H.R. 4683)
(H. Rept. 103-738) [22SE]
Transfer to States Certain Surplus Property for Donation to
Impoverished Individuals: Committee on Government Operations
(House) (H.R. 2461) (H. Rept. 103-656) [3AU]
Waiving Points of Order Against Conference Report on H.R. 1804,
Goals 2000--Educate America Act: Committee on Rules (House)
(H. Res. 393) (H. Rept. 103-447) [21MR]
Water Desalination Act: Committee on Natural Resources (House)
(H.R. 4944) (H. Rept. 103-821) [3OC]
STEARNS, CLIFF (a Representative from Florida)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Conferee: H.R. 965, Child Safety Protection Act [13AP]
------H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
Bills and resolutions introduced by
Dept. of Defense: grant recognition for meritorious service to
aviators who meet the qualification standards of the Air
Forces Escape and Evasion Society (see H. Res. 548) [26SE]
Elders, Joycelyn: call for resignation as Surgeon General (see H.
Con. Res. 297) [26SE]
Health: national policy to provide health care and reform
insurance procedures (see H.R. 4550) [8JN]
India: independence anniversary (see H. Res. 430) [18MY]
Individuals With Disabilities Education Act: treatment of disabled
children charged with firearms possession (see H.R. 4574)
[13JN]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
STEINBECK, JOHN
Bills and resolutions
John Steinbeck Day: designate (see H.J. Res. 423) [4OC]
STENHOLM, CHARLES W. (a Representative from Texas)
Appointments
Conferee: H.R. 6, education programs appropriations [20SE]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------H.R. 3841, Interstate Banking Efficiency Act [12MY]
Bills and resolutions introduced by
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (see H. Res. 331) [25JA]
------growth cap on entitlement spending (see H.R. 4593) [16JN]
------reform baseline budgeting, consideration of rescissions, use
of spending cuts for deficit reduction, and treatment of
emergency designation in legislation (see H.R. 4434) [17MY]
------reform of baseline budgeting, consideration of rescissions,
use of spending cuts for deficit reduction, and treatment of
emergency designation in legislation (see H.R. 4914) [5AU]
Congress: limit consideration of nonemergency matters in emergency
legislation (see H.R. 4913) [5AU]
Drugs: allow licensed veterinarians to order the extra-label use
of drugs in animals (see H.R. 5056) [19SE]
Food industry: coordinate recommendations for improvements of meat
and poultry inspection programs (see H.R. 4562) [9JN]
------improve public health and food safety through the reduction
of pathogens (see H.R. 5055) [19SE]
Health care professionals: incentives for service in rural areas
(see H.R. 4555) [9JN]
San Angelo, TX: funding for repairs to Twin Buttes Dam (see H.R.
4620) [21JN]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
STEREO TAPES
see Sound Recording and Reproducing
STOCK EXCHANGE
see Securities
STOCKS AND BONDS
see Securities
STOKES, LOUIS (a Representative from Ohio)
Appointments
Committee for the Funeral of William H. Natcher [12AP]
Conferee: H.R. 3759, making supplemental appropriations [10FE]
------H.R. 4606, Depts. of Labor, HHS, Education, and related
agencies appropriations [13SE]
------H.R. 4624, Depts. of Veterans Affairs, HUD, and sundry
independent agencies appropriations [17AU]
------H.R. 4649, District of Columbia appropriations [28JY]
Bills and resolutions introduced by
Depts. of Veterans Affairs, HUD, and sundry independent agencies:
authorizing appropriations (see H.R. 4624) [22JN]
National Park Service: construction of a training center at the
National Afro-American Museum and Cultural Center,
Wilberforce, OH (see H.R. 5024) [12SE]
Motions offered by
Depts. of Veterans Affairs, HUD, and sundry independent agencies:
authorizing appropriations (H.R. 4624), conference report
[12SE]
Reports by conference committees
Depts. of Veterans Affairs, HUD, and Sundry Independent Agencies
Appropriations (H.R. 4624) [26AU]
Reports filed
Depts. of Veterans Affairs, HUD, and Sundry Independent Agencies
Appropriations: Committee on Appropriations (House) (H.R.
4624) (H. Rept. 103-555) [22JN]
STRATEGIC MATERIALS
related term(s) National Security
Bills and resolutions
Foreign trade: export control regime to stem proliferation of
military and strategic products and technology to countries
that may jeopardize international or U.S. national security
(see H. Res. 549) [27SE]
Reports filed
Prohibit Bureau of Mines From Refining and Selling Helium, and
Dispose of Helium Reserve: Committee on Natural Resources
(House) (H.R. 3967) (H. Rept. 103-661) [3AU]
STRICKLAND, TED (a Representative from Ohio)
Appointments
Conferee: H.R. 6, education programs appropriations [20SE]
------H.R. 1804, Goals 2000--Educate America Act [23FE] [11MR]
STUDDS, GERRY E. (a Representative from Massachusetts)
Appointments
Conferee: H.R. 322, Mineral Exploration and Development Act [20MY]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------S. 21, California Desert Protection Act [4OC]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Agreement To Promote Compliance With International Conservation
and Management Measures by Fishing Vessels on the High Seas:
implement (see H.R. 4760) [14JY]
Aquaculture: develop national policy (see H.R. 4853, 4854) [28JY]
Atlantic Striped Bass Conservation Act: amend (see H.R. 4504)
[26MY]
Committee on Merchant Marine and Fisheries (House): expenses for
investigations and studies (see H. Res. 339) [2FE]
Dept. of Commerce: conveyance of the Gloucester, MA, National
Marine Fisheries Service laboratory to Massachusetts (see H.R.
3807) [8FE]
Employment: prohibit discrimination based on sexual orientation
(see H.R. 4636) [23JN]
Fish and fishing: Atlantic bluefin tuna conservation (see H. Con.
Res. 295) [22SE]
Foreign trade: monitor effect of trade actions on the environment
(see H.R. 4734) [13JY]
Health: evaluation of impact of national policy to provide health
care and reform insurance procedures (see H.R. 4463) [19MY]
Marine Mammal Protection Act: authorizing appropriations (S.
1636), Senate amendments (see H. Res. 412) [26AP]
Merchant marine industry: authorize appropriations for certain
maritime programs and revitalize U.S.-flag merchant marine
(see H.R. 4003) [10MR]
Ships and vessels: improve the safety of towing vessels (see H.R.
4058) [16MR]
------recreational boating safety programs (see H.R. 4477) [24MY]
Motions offered by
Congress: adjournment (H. Con. Res. 289) [26AU]
Reports filed
Atlantic Striped Bass Conservation Act Amendments: Committee on
Merchant Marine and Fisheries (House) (H.R. 4504) (H. Rept.
103-584) [12JY]
Ballast Water Management Act: Committee on Merchant Marine and
Fisheries (House) (H.R. 3360) (H. Rept. 103-440) [21MR]
Coast Guard Appropriations: Committee on Merchant Marine and
Fisheries (House) (H.R. 4422) (H. Rept. 103-706) [16AU]
Conservation and Management of Wetlands Appropriations: Committee
on Merchant Marine and Fisheries (House) (H.R. 4308) (H. Rept.
103-717) [12SE]
Conservation of Rhinoceros and Tigers: Committee on Merchant
Marine and Fisheries (House) (H.R. 4924) (H. Rept. 103-748)
[26SE]
Conveyance of the Corning National Fish Hatchery to Arkansas:
Committee on Merchant Marine and Fisheries (House) (H.R. 4253)
(H. Rept. 103-586) [12JY]
Federal Maritime Commission Appropriations: Committee on Merchant
Marine and Fisheries (H.R. 4391) (H. Rept. 103-716) [12SE]
Fish, Wildlife, and Natural Resources Management on Military
Installations: Committee on Merchant Marine and Fisheries
(House) (H.R. 3300) (H. Rept. 103-718) [12SE]
Fishermen's Protective Act: Committee on Merchant Marine and
Fisheries (House) (H.R. 3817) (H. Rept. 103-585) [12JY]
Flower Garden Banks National Marine Sanctuary Boundary
Modification: Committee on Merchant Marine and Fisheries
(House) (H.R. 3886) (H. Rept. 103-441) [21MR]
Junior Duck Stamp Conservation Program Appropriations: Committee
on Merchant Marine and Fisheries (House) (H.R. 3679) (H. Rept.
103-521) [23MY]
Marine Mammal Protection Act Reauthorization: Committee on
Merchant Marine and Fisheries (House) (H.R. 2760) (H. Rept.
103-439) [21MR]
Monitor Effect of Foreign Trade Actions on the Environment:
Committee on Merchant Marine and Fisheries (House) (H.R. 4734)
(H. Rept. 103-760) [28SE]
National Shipbuilding Initiative: Committee on Merchant Marine and
Fisheries (House) (H.R. 2547) (H. Rept. 103-420) [9FE]
National Undersea Research Program: Committee on Merchant Marine
and Fisheries (House) (H.R. 4236) (H. Rept. 103-850) [7OC]
Ocean Radioactive Dumping Ban Act: Committee on Merchant Marine
and Fisheries (House) (H.R. 3982) (H. Rept. 103-522) [23MY]
[[Page 2823]]
Panama Canal Operation and Maintenance Appropriations: Committee
on Merchant Marine and Fisheries (House) (H.R. 4246) (H.
Rept.103-526) [24MY]
Recreational Boating Safety Improvement Act: Committee on Merchant
Marine and Fisheries (House) (H.R. 3786) (H. Rept. 103-445)
[21MR]
Recreational Boating Safety Programs: Committee on Merchant Marine
and Fisheries (House) (H.R. 4477) (H. Rept. 103-849) [7OC]
STUDENTS
see Education
STUMP, BOB (a Representative from Arizona)
Appointments
Conferee: S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Dept. of Justice: authority to parole aliens into the U.S. (see
H.R. 5157) [3OC]
Grand Canyon National Park: commemorate 75th anniversary (see H.J.
Res. 412) [20SE]
Health: liability claim restrictions (see H.R. 4659) [27JN]
Homeless: require assistance funds contain an apportionment for
homeless veterans (see H. Res. 503) [1AU]
Immigration: moratorium on certain aliens (see H.R. 3862) [10FE]
Lakes: eliminate the maximum daily diversion restriction relative
to pumping of water from Lake Powell (see H.R. 5025) [12SE]
Veterans: reform and simplify health care system (see H.R. 4788)
[19JY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
STUPAK, BART (a Representative from Michigan)
Bills and resolutions introduced by
Aquaculture: direct grants to Michigan State University for
research on the management and development of maritime and
underwater cultural resources (see H.R. 5017) [21AU]
CERCLA: amend relative to liability, State implementation, remedy
selection, and funding (see H.R. 4915) [5AU]
Law enforcement officers: standards and protections for the
conduct of internal investigations (see H.R. 4179) [12AP]
National Neighborhood Crime Watch Day: designate (see H.J. Res.
374) [9JN]
Native American Heritage Day: designate (see H.J. Res. 404) [18AU]
Native Americans: clarify Federal relationship with the Burt Lake
Band of Michigan (see H.R. 4232) [14AP]
SUBWAYS
see Common Carriers
SUFFOLK COUNTY, NY
Bills and resolutions
New York: exchange of land in the Fire Island National Seashore
for land in Patchogue, NY (see H.R. 5268) [7OC]
SUNDQUIST, DON (a Representative from Tennessee)
Bills and resolutions introduced by
Tariff: hand-cast stringdrawn fishing nets (see H.R. 4641) [23JN]
Taxation: deductions relative to State and local income and sales
taxes (see H.R. 4233) [14AP]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
SUNRISE (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 4368) [5MY]
SUNSHINE (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 3983) [8MR]
SUPERFUND
see Hazardous Substances
SUPREME COURT
related term(s) Courts
Reports filed
Byron White U.S. Courthouse, Denver, CO: Committee on Public Works
and Transportation (House) (H.R. 3693) (H. Rept. 103-456)
[24MR]
Thurgood Marshall U.S. Courthouse, White Plains, NY: Committee on
Public Works and Transportation (House) (H.R. 4910) (H. Rept.
103-763) [29SE]
SURPLUS GOVERNMENT PROPERTY
Bills and resolutions
Nonprofit organizations: distribution to organizations providing
assistance to the hungry or indigent (see H.R. 4392) [11MY]
Reports filed
Transfer to States Certain Surplus Property for Donation to
Impoverished Individuals: Committee on Government Operations
(House) (H.R. 2461) (H. Rept. 103-656) [3AU]
SWETT, DICK (a Representative from New Hampshire)
Bills and resolutions introduced by
Courts: provide notice of default judgments to affected parties
(see H.R. 3934) [1MR]
Nuclear energy: direct research toward the development of
commercially viable fusion power systems (see H.R. 4564)
[10JN]
Taxation: provide that a foster care provider and a qualified
foster care individual may reside in the same home (see H.R.
3867) [11FE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
SWIFT, AL (a Representative from Washington)
Appointments
Conferee: H.R. 322, Mineral Exploration and Development Act [20MY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Amtrak: authorizing appropriations (see H.R. 4111) [22MR]
CERCLA: amend (see H.R. 4916) [8AU]
------streamline the remedy selection process and improve cleanup
standards (see H.R. 3800) [3FE]
Federal Railroad Safety Act: amend (see H.R. 4545) [8JN]
FTC: consumer protection in telephone sales (H.R. 868), Senate
amendment (see H. Res. 488) [25JY]
Hazardous substances: reduce the levels of lead in the environment
(see H.R. 4882) [1AU]
Landfills: disposal of organic absorbents (see H.R. 4933) [10AU]
Railroad Unemployment Insurance Act: reduce waiting period for
benefits (see H.R. 4868) [1AU]
Refuse disposal: regulation of hazardous waste shipments to
foreign countries (see H.R. 3965) [7MR]
Reports by conference committees
FTC Appropriations (H.R. 2243) [21JY]
SYNAR, MIKE (a Representative from Oklahoma)
Appointments
Conferee: H.R. 820, National Competitiveness Act [19JY]
------H.R. 1804, Goals 2000--Educate America Act [11MR]
------H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------S. 349, Lobbying Disclosure Act [24MR]
------S. 636, Freedom of Access to Clinic Entrances Act [17MR]
------S. 1485, Satellite Carrier Compulsory License Extension Act
[16AU]
------S. 1587, Federal Acquisition Streamlining Act [4AU]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Major League Baseball: players' strike (see H.R. 4994) [18AU]
Oklahoma: establish Honey Springs National Battlefield and Washita
Battlefield National Historic Site (see H.R. 4821) [25JY]
SYNTHETIC FUELS
Bills and resolutions
Taxation: treatment of tar sands relative to production of fuels
from nonconventional sources and minimum tax preference for
intangible drilling costs (see H.R. 4532) [26MY]
TAJIKISTAN, REPUBLIC OF
related term(s) Commonwealth of Independent States
Bills and resolutions
Foreign policy: promote resolution of conflict and respect for
human rights (see H. Con. Res. 214) [3MR]
TALENT, JAMES M. (a Representative from Missouri)
Bills and resolutions introduced by
Health: national policy to provide health care and reform
insurance procedures (see H.R. 4816) [22JY]
Jewish War Veterans: issue commemorative postage stamp honoring
anniversary (see H. Con. Res. 199) [25JA]
National Red Ribbon Week for a Drug-Free America: designate (see
H.J. Res. 409) [13SE]
Public welfare programs: reform (see H.R. 4473, 4566) [23MY]
[10JN]
Sammy L. Davis Federal Building, Overland, MO: designate (see H.R.
3914) [24FE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
TANNER, JOHN S. (a Representative from Tennessee)
Appointments
Conferee: S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Interparliamentary Union [17MR]
Bills and resolutions introduced by
Tariff: combination microwave convection ovens (see H.R. 4004)
[10MR]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
TAPE RECORDINGS
see Sound Recording and Reproducing
TARIFF
related term(s) Foreign Trade
Bills and resolutions
ACM (see H.R. 4020) [11MR]
Amitraz (see H.R. 4021) [11MR]
C.I. pigment yellow 139 (see H.R. 5196) [5OC]
Chemicals: reliquidation of certain entries of imported chemicals
(see H.R. 4674) [29JN]
Copper-8-quinolinolate (see H.R. 5026) [12SE]
Di-pentaerythritol (see H.R. 4080) [17MR]
5-chloro-2-(2,4-dichlorophenoxy) phenol (see H.R. 3995) [10MR]
Frozen onions (see H.R. 3996) [10MR]
GATT: budget cuts to compensate for decreased tariff revenues
relative to implementation (see H. Res. 462) [22JN]
------ratification (H.R. 5110), consideration (see H. Res. 564)
[4OC]
Halosulfuron-methyl (see H.R. 3855) [10FE]
Machinery (see H.R. 3848) [10FE]
Nickel isoindoline pigment (see H.R. 5197) [5OC]
Octadecyl isocyanate (see H.R. 4016) [11MR]
Pigments (see H.R. 3910) [24FE]
Sports: personal affects of certain individuals associated with
the World Rowing Championships (see H.R. 3938) [2MR]
Territories: application of tariff provisions to the Virgin
Islands, Guam, and American Samoa (see H.R. 4380, 4628) [10MY]
[22JN]
Textile manufacturing machinery (see H.R. 4098) [21MR]
Messages
Export Control Regulations: President Clinton [19AU]
GATT Implementation Agreements: President Clinton [27SE]
Generalized System of Preferences Relative to Belarus and
Uzbekistan: President Clinton [17AU]
Reports filed
Consideration of H.R. 5110, GATT Ratification: Committee on Rules
(House) (H. Res. 564) (H. Rept. 103-829) [4OC]
GATT Ratification: Committee on Energy and Commerce (House) (H.R.
5110) (H. Rept. 103-826) [3OC]
------Committee on Ways and Means (House) (H.R. 5110) (H. Rept.
103-826) [3OC]
Temporary Suspension of Duty on Personal Effects of Participants
in Certain International Sporting
[[Page 2824]]
Events: Committee on Ways and Means (House) (H.R. 4066) (H.
Rept. 103-454) [24MR]
U.S. Shipbuilding and Repair Industry: Committee on Natural
Resources (House) (H.R. 1402) (H. Rept. 103-589) [12JY]
TAUZIN, W.J. (BILLY) (a Representative from Louisiana)
Appointments
Conferee: S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Boats: recreational boating safety requirements (see H.R. 3786)
[3FE]
Coast Guard: authorizing appropriations (see H.R. 4422) [12MY]
Health: ability of Members to strike employer mandates from health
care reform legislation (see H. Res. 424) [11MY]
LaBranche Wetlands, St. Charles Parish, LA: determine lands and
waters and acquire for inclusion in the Bayou Sauvage National
Wildlife Refuge (see H.R. 4770) [14JY]
Marine resources: reform of marine safety and environmental
regulations (see H.R. 4959) [12AU]
Panama Canal: authorizing expenditures for operation and
maintenance (see H.R. 4246) [19AP]
Panama Canal Commission: reconstitute as an independent Government
corporation (see H.R. 5229) [6OC]
Real property: private property owner rights (see H.R. 3875)
[23FE]
Ships and vessels: authorize sale and reregistration of certain
vessels (see H.R. 4863) [29JY]
------use of the International Tonnage Convention measurement
system in design and construction (see H.R. 5136) [29SE]
Spirit of the Pacific Northwest (vessel): certificate of
documentation (see H.R. 4798) [19JY]
Tariff: C.I. pigment yellow 139 (see H.R. 5196) [5OC]
------nickel isoindoline pigment (see H.R. 5197) [5OC]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
TAXATION
Appointments
Conferees: H.R. 4278, Social Security Domestic Employment Reform
Act [21JN]
Bills and resolutions
AFDC: credit for employers who hire AFDC recipients (see H.R.
4512) [26MY]
Agriculture: one-time exclusion of gain from the sale of farmland
to a beginning farmer (see H.R. 5014) [21AU]
Alcoholic beverages (see H.R. 4376) [10MY]
Armed Forces: penalty-free withdrawals from retirement plans by
military reservists equal to income lost due to active duty
(see H.R. 3758) [1FE]
Bonds: market discount rules for municipal bonds (see H.R. 4714)
[30JN]
Business and industry: compliance with certain pension
requirements (see H.R. 4534) [26MY]
Capital gains: treatment (see H.R. 4099, 5259) [21MR] [7OC]
Charities: mileage rate deduction for use of passenger automobiles
(see H.R. 4748) [13JY]
Children and youth: treatment of contributions made to
organizations supporting at-risk youth and teenagers (see H.R.
4899) [4AU]
Corporations: modify certain rules of subchapter S corporations
(see H.R. 4877) [1AU]
------treatment of controlled foreign corporation distributions
relative to investment of the distributions in the U.S. (see
H.R. 3933) [1MR]
Dependent care tax credit: adjustments (see H.R. 4470) [20MY]
Dept. of the Treasury: burden of proof in tax cases (see H.R.
5286) [7OC]
Earned income credit: deny credit to undocumented aliens and
prevent fraudulent claims (see H.R. 5301) [29NO]
Economy: provide incentives for job creation and business
opportunities (see H.R. 4201) [13AP]
Education: treatment of national service educational awards (see
H.R. 4106) [22MR]
Elections: establish a commission to examine the impact of
changing the deadline for filing Federal income tax returns to
Federal election day (see H.R. 4223) [14AP]
Employment: allow employers tax credit for employee training
expenses (see H.R. 4878) [1AU]
------incentives for employers to hire displaced workers relative
to closure, realignment, or downsizing of military
installations (see H.R. 4639) [23JN]
------provide exclusion from gross income for amounts contributed
by employers to medical incentives accounts (see H.R. 5106)
[26SE]
------provide incentives for job apprenticeship programs and study
the consolidation of Federal dislocated worker programs (see
H.R. 3736) [26JA]
ERISA: fiduciary duties relative to external benefits, social
investing, and economically targeted investments (see H.R.
5135) [29SE]
Federal-State relations: increase payments to units of general
local government for entitlement lands (S. 455), consideration
(see H. Res. 565) [4OC]
Firearms: assistance for State and local programs exchanging
merchandise vouchers for firearms (see H.R. 3771) [2FE]
GATT: budget cuts to compensate for decreased tariff revenues
relative to implementation (see H. Res. 462) [22JN]
Health: access to long-term care services (see H.R. 4632) [22JN]
------national policy to provide health care and reform insurance
procedures (see H.R. 4816) [22JY]
Higher Education Accumulation Program: establish to allow tax
deductible donations (see H.R. 3897) [24FE]
House of Representatives: require rollcall votes on passage of
appropriations, revenue, or public debt limit legislation (see
H. Res. 511) [8AU]
Income: deduction of business meal expenses subject to Federal
hours of limitation (see H.R. 4986) [18AU]
------deductions relative to State and local income and sales
taxes (see H.R. 4233) [14AP]
------treatment of certain separation payments by employers (see
H.R. 3903) [24FE]
------treatment of children's income attributable to personal
injury awards (see H.R. 4846) [28JY]
------treatment of crop insurance and disaster payments and the
luxury automobile excise tax (see H.R. 4634) [23JN]
Individual training accounts: treatment (see H.R. 5089) [23SE]
Insurance: deduction for earthquake insurance premiums (see H.R.
3756) [1FE]
------treatment of health insurance costs of self-employed
individuals (see H.R. 5111, 5137) [27SE] [29SE]
Motor vehicles: gas guzzler tax exemption for automobiles
lengthened by certain small manufacturers (see H.R. 3791)
[3FE]
Native Americans: treatment of income and transactions relative to
land claims and Federal trust relationship with the Catawba
Tribe of South Carolina (see H.R. 4895) [3AU]
Pensions: treatment of pension integration, participation, and
vesting requirements and marital status changes (see H.R.
4367) [5MY]
Petroleum: treatment of motor boat diesel fuel sales (see H.R.
4371) [10MY]
Power resources: treatment of tar sands relative to production of
fuels from nonconventional sources and minimum tax preference
for intangible drilling costs (see H.R. 4532) [26MY]
Public utilities: treatment of water conservation subsidies (see
H.R. 4548) [8JN]
Refunds: allow claims where the statute of limitations is open for
the assessment of a deficiency (see H.R. 4747) [13JY]
Safety: tax credit for purchase of child restraint systems for
motor vehicles (see H.R. 5068) [21SE]
Small business: financial assistance and capital gains exclusion
for businesses operating in urban empowerment and enterprise
zones (see H.R. 4175) [12AP]
Social Security: prohibit the use of account numbers except for
purposes relative to Social Security and social services (see
H.R. 3919) [28FE]
------reduce taxes and provide for individual retirement accounts
funded by Social Security payroll deductions (see H.R. 3803)
[3FE]
------State and local taxation of benefits (see H.R. 3788) [3FE]
------treatment of government pensions relative to Social Security
(see H.R. 4648) [24JN]
Reports by conference committees
Social Security Domestic Employment Reform Act (H.R. 4278) [6OC]
Reports filed
Administration and Enforcement of Employment Taxes--A Status
Report on Ideas for Change: Committee on Government Operations
(House) (H. Rept. 103-861) [29NO]
Consideration of S. 455, Payments in Lieu of Taxes Act: Committee
on Rules (House) (H. Res. 565) (H. Rept. 103-830) [4OC]
Limit State Taxation of Pension Income: Committee on the Judiciary
(House) (H.R. 546) (H. Rept. 103-776) [3OC]
Payments in Lieu of Taxes Act: Committee on Natural Resources
(House) (S. 455) (H. Rept. 103-838) [5OC]
Retirement Protection Act: Committee on Education and Labor
(House) (H.R. 3396) (H. Rept. 103-632) [26AU]
------Committee on Ways and Means (House) (H. 3396) (H. Rept. 103-
632) [29JY]
Social Security Domestic Employment Reform Act: committee of
conference (H.R. 4278) (H. Rept. 103-842) [6OC]
------Committee on Ways and Means (House) (H.R. 4278) (H. Rept.
103-491) [4MY]
TAX-EXEMPT ORGANIZATIONS
related term(s) Charities
Bills and resolutions
Taxation: treatment of contributions made to organizations
supporting at-risk youth and teenagers (see H.R. 4899) [4AU]
Reports filed
Transfer to States Certain Surplus Property for Donation to
Impoverished Individuals: Committee on Government Operations
(House) (H.R. 2461) (H. Rept. 103-656) [3AU]
TAXIS
see Common Carriers; Motor Vehicles
TAYLOR, CHARLES H. (a Representative from North Carolina)
Appointments
Conferee: H.R. 4454, legislative branch of the Government
appropriations [28JN]
Delegation for the funeral of the late Richard M. Nixon [28AP]
Bills and resolutions introduced by
Citizenship: constitutional amendment to deny citizenship to
persons born in the U.S. to illegal alien parents (see H.J.
Res. 340) [16MR]
Dept. of HUD: mortgage insurance program mortgage limitation
amount (see H.R. 4396) [11MY]
Elections: change election day to first Monday in November and
make election day a legal public holiday (see H.R. 4485)
[24MY]
Immigration: expedite deportation of criminal aliens, expand
health-related causes for exclusion, and prohibit Federal
benefits for illegal aliens (see H.R. 4059) [16MR]
Securities: permit refunding of certain bonds (see H.R. 4397)
[11MY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
TAYLOR, GENE (a Representative from Mississippi)
Bills and resolutions introduced by
John Longo, Jr., Post Office, Waveland, MS: designate (see H.R.
3984) [9MR]
Roy M. Wheat Post Office, Hattiesburg, MS: designate (see H.R.
3839) [10FE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
[[Page 2825]]
Motions offered by
Merchant marine industry: authorize appropriations for certain
maritime programs and revitalize U.S.-flag merchant marine
(H.R. 4003) [2AU]
TEACHERS
see Education
TECHNICAL ASSISTANCE
see Foreign Aid
TECHNOLOGY
related term(s) Electronics; Research; Science
Appointments
Conferees: H.R. 820, National Competitiveness Act [19JY] [25JY]
Bills and resolutions
Dept. of Energy: authorize hydrogen and fusion research and
development programs, and nuclear and high energy physics
programs (H.R. 4908), consideration (see H. Res. 515) [10AU]
Foreign trade: administration of export controls (see H.R. 3937)
[2MR]
------exports of medical devices (see H.R. 5188) [5OC]
Technology-Related Assistance for Individuals With Disabilities
Act: authorizing appropriations (H.R. 2339), agree to Senate
amendment (see H. Res. 351) [8FE]
Telecommunications: prevent harassment through computers or other
two-way telecommunication devices (see H.R. 5015) [21AU]
Messages
National Science Board--Science and Engineering Indicators:
President Clinton [9FE]
Motions
Dept. of Commerce: authorizing appropriations for the Technology
Administration and the National Institute of Standards and
Technology (H.R. 820) [19JY] [27SE] [28SE]
Manufacturing: enhance technology (H.R. 820) [19JY] [27SE] [28SE]
Reports filed
Application System for Process Patents: Committee on the Judiciary
(House) (H.R. 4307) (H. Rept. 103-728) [20SE]
Ballast Water Management Act: Committee on Merchant Marine and
Fisheries (House) (H.R. 3360) (H. Rept. 103-440) [21MR]
Consideration of H.R. 3870, Research and Development of
Environmental Technology: Committee on Rules (House) (H. Res.
483) (H. Rept. 103-613) [20JY]
Consideration of H.R. 3937, Export Administration Act: Committee
on Rules (House) (H. Res. 474) (H. Rept. 103-596) [12JY]
Consideration of H.R. 4908, Hydrogen and Fusion Research and
Development Programs, and Nuclear and High Energy Physics
Programs Authorization: Committee on Rules (House) (H. Res.
515) (H. Rept. 103-695) [10AU]
Cooperation of Dept. of Energy Laboratories With Private Sector To
Enhance Economic and Technological Competitiveness: Committee
on Energy and Commerce (House) (S. 473) (H. Rept. 103-611)
[19JY]
Evaluation of Dept. of Energy Research and Development
Laboratories and Consolidation of Technology Transfer
Activities: Committee on Armed Services (House) (H.R. 1432)
(H. Rept. 103-484) [26AP]
Export Administration Act: Committee on Armed Services (House)
(H.R. 3937) (H. Rept. 103-531) [17JN]
------Committee on Foreign Affairs (House) (H.R. 3937) (H. Rept.
103-531) [25MY]
------Committee on Intelligence (House, Select) (H.R. 3937) (H.
Rept. 103-531) [16JN]
------Committee on Ways and Means (House) (H.R. 3937) (H. Rept.
103-531) [17JN]
High-Speed Rail Transportation Development Appropriations:
Committee on Energy and Commerce (House) (H.R. 4867) (H. Rept.
103-692) [10AU]
Hydrogen and Fusion Research and Development Programs, and Nuclear
and High Energy Physics Programs Authorization: Committee on
Science, Space, and Technology (House) (H.R. 4908) (H. Rept.
103-674) [5AU]
Law Enforcement Wiretap Capability Relative to Digital
Transmissions and Other Emerging Telecommunication
Technologies: Committee on the Judiciary (House) (H.R. 4922)
(H. Rept. 103-827) [4OC]
Milstar Communications System--Comprehensive Reevaluation Needed:
Committee on Government Operations (House) (H. Rept. 103-864)
[29NO]
NASA Appropriations: Committee on Science, Space, and Technology
(House) (H.R. 4489) (H. Rept. 103-654) [3AU]
National Academy of Science, Space, and Technology Establishment
at State Universities: Committee on Public Works and
Transportation (House) (H.R. 1638) (H. Rept. 103-512) [19MY]
National Science and Technology Policy, Organization, and
Priorities Act: Committee on Science, Space, and Technology
(House) (H.R. 3476) (H. Rept. 103-473) [12AP]
Promote a National Infrastructure to Encourage Deployment of
Advanced Services Through Competition: Committee on Energy and
Commerce (House) (H.R. 3636) (H. Rept. 103-560) [24JN]
Promote the Export of Environmental Technologies, Goods and
Services: Committee on Foreign Affairs (House) (H.R. 3813) (H.
Rept. 103-478) [18AP]
Research and Development of Environmental Technology: Committee on
Science, Space, and Technology (House) (H.R. 3870) (H. Rept.
103-536) [8JN]
Water Desalination Act: Committee on Natural Resources (House)
(H.R. 4944) (H. Rept. 103-821) [3OC]
TECHNOLOGY ADMINISTRATION
Appointments
Conferees: H.R. 820, National Competitiveness Act [19JY] [25JY]
Motions
Dept. of Commerce: authorizing appropriations for the Technology
Administration and the National Institute of Standards and
Technology (H.R. 820) [19JY] [27SE] [28SE]
TECUMSEH (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 4807) [20JY]
TEJEDA, FRANK (a Representative from Texas)
Bills and resolutions introduced by
Fort Sam Houston, TX: convey certain excess real property (see
H.R. 5158) [3OC]
Health care professionals: enrollment of civilians in the
physicians assistant training program at the Academy of Health
Sciences at Fort Sam Houston, TX (see H.R. 3868) [11FE]
Vela, Rudolph S.: waive certain time restrictions relative to
awarding of the Medal of Honor (see H.R. 3891) [23FE]
Veterans: educational assistance for alternative teacher
certification programs (see H.R. 4761) [14JY]
TELECOMMUNICATIONS
related term(s) Public Broadcasting
Appointments
Conferees: S. 1485, Satellite Carrier Compulsory License Extension
Act [16AU]
Bills and resolutions
Crime: prevent harassment through computers or other two-way
telecommunication devices (see H.R. 5015) [21AU]
Interactive Entertainment Rating Commission: establish (see H.R.
3785) [3FE]
Milstar II Communications Satellite Program: terminate (see H.R.
4283) [21AP]
Presidential Commission on Telemedicine: establish (see H.R. 4725)
[12JY]
Public Health Service: toll-free information on health services
availability in rural areas (see H.R. 4282) [21AP]
Television: local service areas of primary transmitters (S. 2406),
technical corrections (see H.R. 5303) [29NO]
Messages
Inventory of the Federal Funds Distributed to Public
Telecommunication Entities by Federal Departments and
Agencies: President Clinton [18MY]
Motions
Licenses: satellite carrier compulsory license extensions (S.
1485) [16AU]
Reports filed
FCC Appropriations: Committee on Energy and Commerce (House) (H.R.
4522) (H. Rept. 103-844) [6OC]
Law Enforcement Wiretap Capability Relative to Digital
Transmissions and Other Emerging Telecommunication
Technologies: Committee on the Judiciary (House) (H.R. 4922)
(H. Rept. 103-827) [4OC]
Milstar Communications System--Comprehensive Reevaluation Needed:
Committee on Government Operations (House) (H. Rept. 103-864)
[29NO]
Promote a National Infrastructure to Encourage Deployment of
Advanced Services Through Competition: Committee on Energy and
Commerce (House) (H.R. 3636) (H. Rept. 103-560) [24JN]
Secondary Transmissions of Superstations and Network Stations for
Private Home Viewing: Committee on the Judiciary (House) (H.R.
1103) (H. Rept. 103-703) [16AU]
Watershed-Protection Patented Land Lease Regulations in Kaysville
City, UT: Committee on Natural Resources (House) (S. 859) (H.
Rept. 103-590) [12JY]
TELEPHONES
Bills and resolutions
Consumers: treatment of 800 numbers (see H.R. 4802) [20JY]
Employment: provide access to career information on public
networks and electronic media (see H.R. 4872) [1AU]
FTC: consumer protection in telephone sales (H.R. 868), Senate
amendment (see H. Res. 488) [25JY]
Government: listing of telephone numbers on stationary of Federal
agencies (see H.R. 4352) [5MY]
Information services: establish voluntary standards for data
encryption (see H.R. 5199) [6OC]
Long distance services: require services resellers to disclose
relationships to carriers from which services are acquired
(see H.R. 5112) [27SE]
Reports filed
Antitrust Reform Act: Committee on Energy and Commerce (House)
(H.R. 3626) (H. Rept. 103-559) [24JN]
------Committee on the Judiciary (House) (H.R. 3626) (H. Rept.
103-559) [24JN]
Law Enforcement Wiretap Capability Relative to Digital
Transmissions and Other Emerging Telecommunication
Technologies: Committee on the Judiciary (House) (H.R. 4922)
(H. Rept. 103-827) [4OC]
Promote a National Infrastructure to Encourage Deployment of
Advanced Services Through Competition: Committee on Energy and
Commerce (House) (H.R. 3636) (H. Rept. 103-560) [24JN]
TELEVISION
related term(s) News Media; Public Broadcasting
Appointments
Conferees: S. 1485, Satellite Carrier Compulsory License Extension
Act [16AU]
Bills and resolutions
Courts: photographing, recording and broadcasting of proceedings
(see H.R. 5307) [29NO]
Employment: provide access to career information on public
networks and electronic media (see H.R. 4872) [1AU]
Interactive Entertainment Rating Commission: establish (see H.R.
3785) [3FE]
Primary transmitters: local service areas (S. 2406), technical
corrections (see H.R. 5303) [29NO]
Messages
Corp. for Public Broadcasting Report: President Clinton [8MR]
[18MY]
Inventory of the Federal Funds Distributed to Public
Telecommunication Entities by Federal Departments and
Agencies: President Clinton [18MY]
Motions
Telecommunications: satellite carrier compulsory license
extensions (S. 1485) [16AU]
Reports filed
Secondary Transmissions of Superstations and Network Stations for
Private Home Viewing: Committee on the Judiciary (House) (H.R.
1103) (H. Rept. 103-703) [16AU]
TENNESSEE
Bills and resolutions
Stones River National Battlefield: expand boundaries (see H.R.
4266) [20AP]
TERRITORIAL ADMINISTRATION CESSATION ACT
Bills and resolutions
Enact (see H.R. 3797) [3FE]
[[Page 2826]]
TERRITORIES (U.S.)
Bills and resolutions
Courts: require plaintiff in a diversity of citizenship case not
be a resident of the State in which case is brought (see H.R.
4446) [18MY]
Dept. of the Interior: transfer certain administrative functions
relative to U.S. territories to the Dept. of Commerce (see
H.R. 3797) [3FE]
Federal Government: self-government relative to development of
articles of incorporation (see H.R. 4442) [17MY]
Guam: restitution to certain individuals for treatment during
World War II (see H.R. 4741) [13JY]
Puerto Rico: plebiscite on political status (see H. Con. Res. 300)
[30SE]
Tariff: application of tariff provisions to the Virgin Islands,
Guam, and American Samoa (see H.R. 4380, 4628) [10MY] [22JN]
Virgin Islands: authorize legislature to create municipal
governments (see H.R. 3825) [9FE]
TERRORISM
related term(s) Crime
Bills and resolutions
Pakistan: U.S. policy on suspected involvement with terrorism,
drug trafficking, and nuclear weapons (see H. Res. 541) [22SE]
Messages
National Emergency With Respect to Libya: President Clinton [19JY]
Reports filed
Jurisdiction of U.S. Courts in Cases Involving Torture or
Extrajudicial Killings in Foreign Countries: Committee on the
Judiciary (House) (H.R. 934) (H. Rept. 103-702) [16AU]
TEXAS
Bills and resolutions
Flower Garden Banks National Marine Sanctuary: modify boundaries
(see H.R. 3886) [23FE]
Forest Service: distribution of timber sales receipts to counties
in Texas (see H.R. 5235) [6OC]
Fort Sam Houston, TX: convey certain excess real property (see
H.R. 5158) [3OC]
Health care professionals: enrollment of civilians in the
physicians assistant training program at the Academy of Health
Sciences at Fort Sam Houston, TX (see H.R. 3868) [11FE]
Sam B. Hall, Jr., Federal Building and U.S. Courthouse, Marshall,
TX: designate (see H.R. 3840) [10FE]
Sam Houston National Forest: convey certain lands to current
occupant (see H.R. 5198) [5OC]
Reports filed
Flower Garden Banks National Marine Sanctuary Boundary
Modification: Committee on Merchant Marine and Fisheries
(House) (H.R. 3886) (H. Rept. 103-441) [21MR]
Increase the Irrigable Acreage for the San Angelo, TX, Federal
Reclamation Project: Committee on Natural Resources (House)
(H.R. 1474) (H. Rept. 103-810) [3OC]
Sam B. Hall, Jr., Federal Building and U.S. Courthouse, Marshall,
TX: Committee on Public Works and Transportation (House) (H.R.
3840) (H. Rept. 103-514) [19MY]
THOMAS, CRAIG (a Representative from Wyoming)
Appointments
Conferee: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
Bills and resolutions introduced by
BLM: transfer administration of lands to individual States (see
H.R. 4157) [24MR]
Native Americans: recognition status of Indian tribes and Alaska
Native groups (see H.R. 4180) [12AP]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
THOMAS, WILLIAM M. (a Representative from California)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Conferee: H.R. 2739, Airport and Airway Improvement Act
appropriations [26JY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
Bills and resolutions introduced by
California: designate certain desert lands as wilderness (S. 21),
technical corrections in enrollment (see H. Con. Res. 313)
[6OC]
------establish Death Valley and Joshua Tree National Parks and
Mojave National Monument (S. 21), technical corrections in
enrollment (see H. Con. Res. 313) [6OC]
Dept. of Defense: jurisdiction, apprehension, and detention of
certain civilians accompanying the Armed Forces overseas (see
H.R. 4531) [26MY]
House Rules: committee staff (see H. Res. 383) [9MR]
Petroleum: export of oil from the Alaskan North Slope (see H.R.
4369) [9MY]
Rivers: prohibit the restoration of certain flows in the San
Joaquin River (see H.R. 5309) [29NO]
Social Security: reduce taxes and provide for individual
retirement accounts funded by Social Security payroll
deductions (see H.R. 3803) [3FE]
Taxation: treatment of tar sands relative to production of fuels
from nonconventional sources and minimum tax preference for
intangible drilling costs (see H.R. 4532) [26MY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
THOMPSON, BENNIE G. (a Representative from Mississippi)
Appointments
Interparliamentary Union [18MR]
Bills and resolutions introduced by
Contracts: raise value for which performance and payment bonds are
required (see H.R. 3961) [3MR]
Depository Institution Management Interlocks Act: extend certain
exemptions (see H.R. 3959) [3MR]
Fannie Lou Hamer U.S. Post Office, Ruleville, MS: designate (see
H.R. 4452) [18MY]
Lower Mississippi Delta Region: authorizing appropriations for
economic development (see H.R. 3962) [3MR]
Medgar Wiley Evers Post Office, Jackson, MS: designate (see H.R.
3863) [10FE]
Mississippi: designate areas as part of Appalachian region (see
H.R. 4726) [12JY]
THOMPSON, BRUCE R.
Reports filed
Bruce R. Thompson U.S. Courthouse and Federal Building, Reno, NV:
Committee on Public Works and Transportation (House) (H.R.
3110) (H. Rept. 635) [1AU]
THORNTON, RAY (a Representative from Arkansas)
Appointments
Conferee: H.R. 4554, agriculture, rural development, FDA, and
related agencies programs appropriations [13SE]
------H.R. 4624, Depts. of Veterans Affairs, HUD, and sundry
independent agencies appropriations [17AU]
THRIFT INSTITUTIONS
see Financial Institutions
THURMAN, KAREN L. (a Representative from Florida)
Bills and resolutions introduced by
Armed Forces: timing for the payment cost-of-living increases in
the survivor annuity contributions of certain retirees (see
H.R. 4046) [16MR]
Medicaid: improve the Federal medical assistance percentage (see
H.R. 4047) [16MR]
TIMBER
see Forests
TOBACCO INDUSTRY
see Tobacco Products
TOBACCO PRODUCTS
Bills and resolutions
Agriculture: revise the reserve stock level for burley tobacco
(see H.R. 3824) [9FE]
Congressional Medal of Appreciation for Public Spirit: award to
person who made public concealed documents relative to health
hazards of smoking (see H.J. Res. 367) [18MY]
Employment: treatment of overtime exemptions for employees
relative to the sale and processing of green and cigar leaf
tobacco (see H.R. 5187) [5OC]
National objectives: eliminate price supports and marketing
quotas, disallow tax deduction for advertising expenses, and
establish trust fund for antidrug and antitobacco activities
(see H.R. 4698) [30JN]
Reports filed
Prohibit Smoking on All Airline Flights: Committee on Public Works
and Transportation (House) (H.R. 4495) (H. Rept. 103-771)
[3OC]
TORKILDSEN, PETER G. (a Representative from Massachusetts)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Bills and resolutions introduced by
Child support: liens against the property of persons owing overdue
support (see H.R. 4982) [17AU]
Chrissy (vessel): certificate of documentation (see H.R. 4500)
[25MY]
House of Representatives: public access to health care reform
process (see H. Res. 363) [11FE]
Joseph Vittori (U.S.S.): naming of an appropriate Navy ship (see
H.R. 5283) [7OC]
States: require taxation of military retirement annuities on the
same basis of State retirement annuities (see H.R. 3915)
[24FE]
Tariff: copper-8-quinolinolate (see H.R. 5026) [12SE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
TORRES, ESTEBAN EDWARD (a Representative from California)
Appointments
Conferee: H.R. 4426, foreign operations, export financing, and
related programs appropriations [28JY]
------H.R. 4624, Depts. of Veterans Affairs, HUD, and sundry
independent agencies appropriations [17AU]
Bills and resolutions introduced by
Employment: penalties for inadequate recordkeeping of employee
citizenship and wages (see H.R. 4288) [21AP]
Indian Gaming Regulatory Act: amend (see H.R. 4787) [19JY]
National Hispanic Business Week: designate (see H.J. Res. 397)
[2AU]
TORRICELLI, ROBERT G. (a Representative from New Jersey)
Appointments
Committee for the Funeral of Dean A. Gallo [29NO]
Conferee: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 4299, intelligence services appropriations [13SE]
Mexico-U.S. Interparliamentary Group [17MR]
Bills and resolutions introduced by
Animals: reporting requirements of research facilities conducting
experiments or testing (see H.R. 4971) [16AU]
Drugs: use of military radar and spy planes to assist foreign
countries intercepting drug traffickers' planes (see H.R.
4712) [30JN]
Employment: establish Federal minority setaside requirements to
Hispanic Americans of Spanish or Portuguese descent (see H.R.
5027) [12SE]
Firearms: close loopholes in laws which allow unregulated
manufacture or transport of firearms or firearms parts (see
H.R. 5285) [7OC]
------compensation for crime victims from persons who provide
firearms to disqualified individuals (see H.R. 5284) [7OC]
------prevent access by minors to firearms and ammunition (see
H.R. 4005) [10MR]
Haiti: presence of U.S. Armed Forces (see H.J. Res. 416) [28SE]
Meat, Poultry, and Eggs Inspection Agency: establish (see H.R.
3751) [26JA]
National Sports Heritage Commission: establish (see H.R. 4843)
[27JY]
Sports: safety of journeyman boxers (see H.R. 4753) [13JY]
Territories: require periodic plebiscites and congressional
notification of executive branch actions impacting status (see
H.R. 5005) [19AU]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
[[Page 2827]]
TOURIST TRADE
Bills and resolutions
National Park Service: reform entrepreneurial management (see H.R.
4533) [26MY]
Reports filed
National Park Service Entrepreneurial Management Reform Act:
Committee on Natural Resources (House) (H.R. 4533) (H. Rept.
103-793) [3OC]
TOWNS, EDOLPHUS (a Representative from New York)
Appointments
Conferee: H.R. 820, National Competitiveness Act [19JY]
------H.R. 965, Child Safety Protection Act [13AP]
------H.R. 3345, Federal Workforce Restructuring Act [11MR]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------H.R. 4299, intelligence services appropriations [13SE]
------S. 1569, Disadvantaged Minority Health Improvement Act
[23MY]
------S. 1587, Federal Acquisition Streamlining Act [4AU]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Federal-State relations: reduce State and local costs due to
unfunded Federal mandates (see H.R. 4771) [14JY]
Health: establish community-based managed care programs in
medically disadvantaged areas (see H.R. 4294) [21AP]
------inclusion of mammography screenings for women in a national
health care plan (see H. Res. 368) [23FE]
------inclusion of poison control services in health care reform
(see H. Con. Res. 243) [26AP]
------national policy to promote healthy diet (see H.R. 4795)
[19JY]
Human rights: protect integrity of cemeteries and repose of the
dead (see H. Con. Res. 272) [25JY]
Radioactive substances: clarify Federal obligation to take title
and possession of high-level radioactive waste and establish
an interim spent nuclear fuel storage facility (see H.R. 5061)
[20SE]
TOXIC WASTE
see Hazardous Substances
TOYS
Appointments
Conferees: H.R. 965, Child Safety Protection Act [13AP]
Reports by conference committees
Child Safety Protection Act (H.R. 965) [11MY]
Reports filed
Child Safety Protection Act: committee of conference (H.R. 965)
(H. Rept. 103-500) [11MY]
TRADE DEFICIT
see Foreign Trade
TRADEMARKS
Reports filed
Registration and Protection of Trademarks Used in International
Commerce: Committee on the Judiciary (House) (H.R. 2129) (H.
Rept. 103-780) [3OC]
TRAFICANT, JAMES A., JR. (a Representative from Ohio)
Appointments
Conferee: S. 1587, Federal Acquisition Streamlining Act [4AU]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Capitol Building and Grounds: authorize Special Olympics torch
relay (see H. Con. Res. 236) [24MR]
------use of the grounds for the National Peace Officers' Memorial
Service (see H. Con. Res. 237) [24MR]
Crime: establish commission relative to crime control and a
national firearms policy (see H.R. 4423) [12MY]
Dept. of Justice: appointment of independent counsel to
investigate certain internal criminal allegations (see H.R.
3834) [9FE]
Dept. of the Treasury: burden of proof in tax cases (see H.R.
5286) [7OC]
Fair Labor Standards Act: coverage of vision impaired or blind
individuals (see H.R. 3966) [7MR]
Jamie L. Whitten Federal Building, Washington, DC: designate (see
H.R. 4576) [14JN]
National Academy of Space: establish (see H.R. 4621) [21JN]
National Good Teen Day: designate (see H.J. Res. 326) [22FE]
Ohio: additional district court judge for northern district (see
H.R. 4811) [21JY]
Power resources: pilot powerplant project regenerating solid waste
into electricity for energy intensive industries in depressed
communities (see H.R. 4061) [16MR]
Public buildings: leasing requirements (see H.R. 4972) [16AU]
Robert H. Michel Federal Building and U.S. Courthouse, Peoria, IL:
designate (see H.R. 4989) [18AU]
Thomas D. Lambros Federal Building, Youngstown, OH: designate (see
H.R. 4727) [12JY]
Walter B. Jones Federal Building and U.S. Courthouse, Greenville,
NC: designate (see H.R. 4772) [14JY]
William H. Natcher Federal Building and U.S. Courthouse, Bowling
Green, KY: designate (see H.R. 4577) [14JN]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
Crime: national policy to control crime and reform court
procedures (H.R. 3355), conference report [26JY]
TRAILS
Bills and resolutions
Old Spanish Trail: designate as a component of the National Trails
System (see H.R. 4524) [26MY]
Reports filed
Coastal Heritage Trail Route Appropriations: Committee on Natural
Resources (House) (S. 1574) (H. Rept. 103-443) [21MR]
TRANSPORTATION
related term(s) Department of Transportation; Motor Vehicles; Roads and
Highways
Appointments
Conferees: H.R. 2739, Airport and Airway Improvement Act
appropriations [26JY] [27JY]
------S. 1887, National Highway System Designation Act [29SE]
Bills and resolutions
Amtrak: authorizing appropriations (see H.R. 4111) [22MR]
------eliminate funding for certain expenses for pedestrian
bridges (see H.R. 4773) [14JY]
Dept. of Transportation and related agencies: making
appropriations (H.R. 4556), consideration (see H. Res. 454)
[14JN]
FAA: establish as an independent agency (see H.R. 5274) [7OC]
Federal Railroad Safety Act: amend (see H.R. 4545) [8JN]
Government regulations: amend laws (see H.R. 4778) [18JY]
Kulpsville, PA: authorize comprehensive transportation improvement
program (see H.R. 5224) [6OC]
Motor vehicles: length and weight limitations for vehicles on
Federal-aid highways (see H.R. 4496) [25MY]
National Highway System: designate (H.R. 4385), consideration (see
H. Res. 440) [24MY]
National Transportation System: establish (see H.R. 4305) [28AP]
NTSB: authorizing appropriations (H.R. 2440), concur to Senate
amendment with an amendment (see H. Res. 558) [3OC]
Railroads: improve safety at grade crossings and rights-of-way
(see H.R. 4630) [22JN]
------retirement system (see H. Con. Res. 241) [20AP]
Refuse disposal: State control of municipal solid waste
transportation and disposal (see H.R. 4683, 5250) [29JN] [7OC]
------State control of municipal solid waste transportation and
disposal (H.R. 4683), consideration (see H. Res. 552) [27SE]
Roads and highways: conversion of signs to metric units (see H.R.
3766) [2FE]
------funding for highway demonstration projects (see H.R. 3781)
[2FE]
Shipping industry: transport of equipment intended for cleanup of
radioactive waste under Federal contract (see H.R. 4743)
[13JY]
Trucking industry: violence against truckers (see H. Con. Res.
228) [21MR]
Veterans: permit disabled former POW to travel on military
aircraft (see H.R. 4513) [26MY]
Messages
Dept. of Transportation Annual Report: President Clinton [2MR]
Highway Safety Act and the Motor Vehicle Safety Act: President
Clinton [3OC]
Motions
Dept. of Transportation and related agencies: making
appropriations (H.R. 4556) [20SE]
National Highway System: designate (S. 1887) [29SE]
Reports by conference committees
Airport and Airway Improvement Act Appropriations (H.R. 2739)
[5AU]
Dept. of Transportation and Related Agencies Appropriations (H.R.
4556) [26SE]
Reports filed
Airport and Airway Improvement Act Appropriations: committee of
conference (H.R. 2739) (H. Rept. 103-677) [5AU]
Amtrak Appropriations: Committee on Energy and Commerce (House)
(H.R. 4111) (H. Rept. 103-698) [11AU]
Ballast Water Management Act: Committee on Merchant Marine and
Fisheries (House) (H.R. 3360) (H. Rept. 103-440) [21MR]
Consideration of Conference Report on H.R. 4556, Dept. of
Transportation and Related Agencies Appropriations: Committee
on Rules (House) (H. Res. 553) (H. Rept. 103-758) [27SE]
Consideration of H.R. 4385, National Highway System Designation
Act: Committee on Rules (House) (H. Res. 440) (H. Rept. 103-
528) [24MY]
Consideration of H.R. 4556, Dept. of Transportation and Related
Agencies Appropriations: Committee on Rules (House) (H. Res.
454) (H. Rept. 103-546) [14JN]
Consideration of H.R. 4683, State Control of Municipal Solid Waste
Transportation and Disposal: Committee on Rules (House) (H.
Res. 552) (H. Rept. 103-757) [27SE]
Dept. of Transportation and Related Agencies Appropriations:
committee of conference (H.R. 4556) (H. Rept. 103-752) [26SE]
------Committee on Appropriations (House) (H.R. 4556) (H. Rept.
103-543) [9JN] [13JN]
Federal Railroad Safety Act Amendments: Committee on Energy and
Commerce (House) (H.R. 4545) (H. Rept. 103-655) [3AU]
High-Speed Rail Transportation Development Appropriations:
Committee on Energy and Commerce (House) (H.R. 4867) (H. Rept.
103-692) [10AU]
National Highway System Designation Act: Committee on Public Works
and Transportation (House) (H.R. 4385) (H. Rept. 103-519)
[19MY]
Prohibit Smoking on All Airline Flights: Committee on Public Works
and Transportation (House) (H.R. 4495) (H. Rept. 103-771)
[3OC]
State Control of Municipal Solid Waste Transportation and
Disposal: Committee on Energy and Commerce (House) (H.R. 4683)
(H. Rept. 103-738) [22SE]
Transportation Law Amendments: Committee on the Judiciary (House)
(H.R. 4778) (H. Rept. 103-831) [4OC]
TRASH
see Refuse Disposal; Sewage Disposal
TRAUMATIC BRAIN INJURY ACT
Bills and resolutions
Enact (S. 725): corrections in engrossment of House amendment (see
H. Res. 534) [20SE]
TRAVEL
see Tourist Trade
TREATIES
Bills and resolutions
Aliens: negotiation of prisoner transfer treaties (see H.R. 4627)
[22JN]
[[Page 2828]]
GATT: application of fast-track procedures for implementation (see
H.R. 5163) [4OC]
------budget cuts to compensate for decreased tariff revenues
relative to implementation (see H. Res. 462) [22JN]
------ratification (H.R. 5110), consideration (see H. Res. 564)
[4OC]
NATO: U.S. policy (see H.R. 4358) [5MY]
Russia: pursuit of negotiations to reduce the number of deployed
strategic nuclear warheads (see H. Con. Res. 306) [4OC]
Messages
Agreement Between the U.S. and Greece Relative to Social Security:
President Clinton [26JA]
Agreement Between the U.S. and the People's Republic of China
Relative to Fisheries: President Clinton [20SE]
Cooperation on the Uses of Atomic Energy for Mutual Defense
Purposes Between the U.S. and the United Kingdom: President
Clinton [23MY]
Extension of Fishery Agreement With Annex Between the U.S. and
Lithuania: President Clinton [19JY]
GATT Implementation Agreements: President Clinton [27SE]
NAFTA Implementation: President Clinton [6OC]
Nuclear Non-Proliferation Act: President Clinton [17MY]
Reports filed
Consideration of H.R. 5110, GATT Ratification: Committee on Rules
(House) (H. Res. 564) (H. Rept. 103-829) [4OC]
GATT Ratification: Committee on Energy and Commerce (House) (H.R.
5110) (H. Rept. 103-826) [3OC]
------Committee on Ways and Means (House) (H.R. 5110) (H. Rept.
103-826) [3OC]
International Antitrust Enforcement Assistance Act: Committee on
the Judiciary (House) (H.R. 4781) (H. Rept. 103-772) [3OC]
Ocean Radioactive Dumping Ban Act: Committee on Merchant Marine
and Fisheries (House) (H.R. 3982) (H. Rept. 103-522) [23MY]
TRIBAL SELF-GOVERNANCE ACT
Reports filed
Provisions: Committee on Natural Resources (House) (H.R. 3508) (H.
Rept. 103-653) [3AU]
TRUCKING INDUSTRY
related term(s) Cargo Transportation
Bills and resolutions
Motor vehicles: length and weight limitations for vehicles on
Federal-aid highways (see H.R. 4496) [25MY]
TRUTH IN LENDING ACT
Bills and resolutions
Credit: civil penalties for unlawful billing under a consumer
credit plan (see H.R. 4629) [22JN]
TUCKER, WALTER R., III (a Representative from California)
Bills and resolutions introduced by
National objectives: practice random acts of kindness (see H. Res.
355) [9FE]
National Random Acts of Kindness Week: designate (see H.J. Res.
357) [19AP]
TUSCALOOSA, AL
Reports filed
Claude Harris, Jr., Veterans' Medical Center Building: Committee
on Veterans' Affairs (House) (H.R. 4948) (H. Rept. 103-823)
[3OC]
U.S. AIR FORCE ACADEMY
Appointments
Board of Visitors [21JN]
U.S. ARMS CONTROL AND DISARMAMENT AGENCY
see Arms Control
U.S. FISH AND WILDLIFE SERVICE
Bills and resolutions
Fish and fishing: feasibility study to establish a national
angler's license (see H.R. 4038) [15MR]
U.S. INFORMATION AGENCY
related term(s) Department of State
Appointments
Conferees: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP] [19AP]
Motions
Dept. of State, USIA, and related agencies: authorizing
appropriations (H.R. 2333) [18AP]
------authorizing appropriations (H.R. 2333), conference report
[28AP]
Reports by conference committees
Dept. of State, USIA, and Related Agencies Appropriations (H.R.
2333) [26AP]
Reports filed
Dept. of State, USIA, and related agencies appropriations:
committee of conference (H.R. 2333) (H. Rept. 103-482) [25AP]
U.S. MILITARY ACADEMY
Appointments
Board of Visitors [21JN]
U.S. NAVAL ACADEMY
Appointments
Board of Visitors [21JN]
U.S.-MEXICO BORDER HEALTH COMMISSION
Reports filed
Establishment: Committee on Energy and Commerce (House) (H.R.
2305) (H. Rept. 103-710) [19AU]
UKRAINE
related term(s) Commonwealth of Independent States
Bills and resolutions
Ukrainian Independence Day: designate (see H. Con. Res. 283)
[16AU]
Messages
Addition of Ukraine to the Generalized System of Preferences:
President Clinton [3MR]
UNDERWOOD, ROBERT A. (a Delegate from Guam)
Appointments
Conferee: H.R. 6, education programs appropriations [20SE]
Committee for the Funeral of Richard M. Nixon [28AP]
Bills and resolutions introduced by
Dept. of Defense: promote public participation in defense
environmental restoration (see H.R. 4334) [3MY]
Employment: establish that English language usage requirements may
cause an adverse and disparate effect on employees and
applicants (see H.R. 5127) [28SE]
Financial institutions: representation of Guam and Virgin Islands
on Federal home loan bank boards (see H.R. 4076) [17MR]
Guam: grant authority for giving preference in awarding contracts
to companies employing U.S. citizens, nationals or permanent
resident aliens (see H.R. 5074) [22SE]
------restitution to certain individuals for treatment during
World War II (see H.R. 4741) [13JY]
Northern Mariana Islands: nonvoting delegate to the House of
Representatives (see H.R. 4927) [10AU]
Service academies: recommend standardized honor code (see H.R.
5047) [19SE]
UNEMPLOYMENT
related term(s) Employment
Appointments
Advisory Council on Unemployment Compensation [12AP]
Bills and resolutions
Employment: minimize adverse effects of dislocation (see H.R.
4072) [17MR]
Public welfare programs: require any reform legislation with
employment requirements for AFDC recipients be conditional on
State unemployment rate (see H. Con. Res. 226) [17MR]
Taxation: apply exclusion of gain from sale of a principal
residence relative to unemployment (see H.R. 5021) [23AU]
Messages
Reemployment Act: President Clinton [16MR]
Reports filed
Administration and Enforcement of Employment Taxes--A Status
Report on Ideas for Change: Committee on Government Operations
(House) (H. Rept. 103-861) [29NO]
Reduce Waiting Period for Benefits Under the Railroad Unemployment
Insurance Act: Committee on Energy and Commerce (House) (H.R.
4868) (H. Rept. 103-693) [10AU]
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
Messages
Cooperation on the Uses of Atomic Energy for Mutual Defense
Purposes Between the U.S. and the United Kingdom: President
Clinton [23MY]
UNITED NATIONS
Bills and resolutions
U.N. Day: designate (see H.J. Res. 426) [7OC]
Messages
Peace and Security in Bosnia and Herzegovina: President Clinton
[23AU]
U.S. Government Activities in the U.N.: President Clinton [19AU]
Reports filed
Consideration of H.J. Res. 416, Presence of U.S. Armed Forces in
Haiti: Committee on Rules (House) (H. Res. 570) (H. Rept. 103-
840) [5OC]
Presence of U.S. Armed Forces in Haiti: Committee on Foreign
Affairs (House) (H.J. Res. 416) (H. Rept. 103-819) [3OC]
UNITED NATIONS DAY
Bills and resolutions
Designate (see H.J. Res. 426) [7OC]
UNSOELD, JOLENE (a Representative from Washington)
Appointments
Conferee: H.R. 6, education programs appropriations [20SE]
------H.R. 1804, Goals 2000--Educate America Act [23FE] [11MR]
Bills and resolutions introduced by
Dept. of Defense: amend appropriations legislation relative to the
Bonneville Lock and Dam (see H.R. 5241) [7OC]
Education: reauthorization of Head Start Program (see H.R. 4270)
[20AP]
Regional Fishery Management Councils: ethics standards for
industry representatives (see H.R. 4713) [30JN]
Ships and vessels: promote the construction and operation of
passenger vessels (see H.R. 3821) [9FE]
Taxation: promote the construction and operation of passenger
vessels (see H.R. 3822) [9FE]
------State and local income tax treatment of ship and vessel
employees (see H.R. 4244) [18AP]
Vancouver National Heritage Area: establish (see H.R. 4607) [21JN]
Wolf Gang II (vessel): certificate of documentation (see H.R.
4443) [17MY]
UPTON, FRED (a Representative from Michigan)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Bills and resolutions introduced by
Radioactive substances: clarify Federal obligation to take title
and possession of high-level radioactive waste and establish
an interim spent nuclear fuel storage facility (see H.R. 5057)
[19SE]
Taxation: eliminate State unemployment compensation requirement
for election worker services (see H.R. 4834) [26JY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
URBAN AREAS
related term(s) Rural Areas
Appointments
Conferees: S. 2000, Head Start, LIHEAP, Community Development
Block Grant Program, and Coordinated Services for Children,
Youth, and Families reauthorization [28AP]
Bills and resolutions
District of Columbia: confirm and enforce limitations on the
height of buildings and roof structures (see H.R. 4243) [18AP]
------performance accountability in the government (see H.R. 4440)
[17MY]
Federal aid programs: reauthorization of Head Start, LIHEAP,
Community Development Block Grant Program, and Coordinated
Services for Children, Youth, and Families (S. 2000),
consideration of conference report (see H. Res. 421) [11MY]
[[Page 2829]]
Housing: regulations on public housing agencies (see H.R. 4432)
[17MY]
Housing and community development programs: reauthorize (see H.R.
4310) [28AP]
National Gang Violence Prevention Week: designate (see H.J. Res.
391) [20JY]
National objectives: establish Geno Baroni Commission on
Neighborhoods and provide for White House Conference on
Neighborhoods (see H.R. 4580) [14JN]
Public housing: grants to modernize and replace public housing
(see H.R. 4735) [13JY]
Small business: financial assistance and capital gains exclusion
for businesses operating in urban empowerment and enterprise
zones (see H.R. 4175) [12AP]
Motions
Federal aid programs: reauthorization of Head Start, LIHEAP,
Community Development Block Grant Program, and Coordinated
Services for Children, Youth, and Families (S. 2000) [28AP]
Housing: reform Dept. of HUD multifamily property requirements,
enhance programs, and authorize program to combat crime (S.
1299) [22MR]
Reports by conference committees
Head Start, LIHEAP, Community Development Block Grant Program, and
Coordinated Services for Children, Youth, and Families
Reauthorization (S. 2000) [9MY]
Reports filed
Consideration of Conference Report on S. 2000, Reauthorization of
Certain Federal Aid Programs: Committee on Rules (House) (H.
Res. 421) (H. Rept. 103-502) [11MY]
Consideration of H.R. 3838, Housing and Community Development Act:
Committee on Rules (House) (H. Res. 482) (H. Rept. 103-612)
[20JY]
Head Start, LIHEAP, Community Development Block Grant Program, and
Coordinated Services for Children, Youth, and Families
Reauthorization: committee of conference (S. 2000) (H. Rept.
103-497) [9MY]
Head Start Program and Community Development Block Grant Program
Reauthorization: Committee on Education and Labor (House)
(H.R. 4250) (H. Rept. 103-483) [26AP]
Housing and Community Development Act: Committee on Banking,
Finance and Urban Affairs (House) (H.R. 3838) (H. Rept. 103-
607) [18JY]
Urban Recreation and At-Risk Youth Act: Committee on Natural
Resources (House) (H.R. 4034) (H. Rept. 103-444) [21MR]
URBAN RECREATION AND AT-RISK YOUTH ACT
Reports filed
Urban Recreation and At-Risk Youth Act: Committee on Natural
Resources (House) (H.R. 4034) (H. Rept. 103-444) [21MR]
URBANA, IL
Reports filed
Frederick S. Green U.S. Courthouse, Urbana, IL: Committee on
Public Works and Transportation (House) (H.R. 4939) (H. Rept.
103-764) [29SE]
UTAH
Bills and resolutions
Archaeology: provide for the study of certain prehistoric
resources (see H.R. 4871) [1AU]
Old Spanish Trail: designate as a component of the National Trails
System (see H.R. 4524) [26MY]
Reports filed
Watershed-Protection Patented Land Lease Regulations in Kaysville
City, UT: Committee on Natural Resources (House) (S. 859) (H.
Rept. 103-590) [12JY]
UTILITIES
see Public Utilities
UZBEKISTAN, REPUBLIC OF
related term(s) Commonwealth of Independent States
Messages
Generalized System of Preferences Relative to Belarus and
Uzbekistan: President Clinton [17AU]
VALENTINE, TIM (a Representative from North Carolina)
Appointments
Conferee: H.R. 820, National Competitiveness Act [19JY]
------H.R. 2739, Airport and Airway Improvement Act appropriations
[26JY]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Tariff: pharmaceutical grade phospholipids (see H.R. 5287) [7OC]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
VANCOUVER, WA
Bills and resolutions
Vancouver National Heritage Area: establish (see H.R. 4607) [21JN]
VANDALISM
see Crime
VANS
see Common Carriers
VEGETABLE INK PRINTING ACT
Reports filed
Provisions: Committee on Government Operations (House) (S. 716)
(H. Rept. 103-625) [28JY]
VELAZQUEZ, NYDIA M. (a Representative from New York)
Appointments
Conferee: H.R. 3474, Community Development, Credit Enhancement,
and Regulatory Improvement Act [21AP]
Bills and resolutions introduced by
Crime: assistance to local educational agencies and community-
based organizations relative to hate crimes (see H.R. 4234)
[14AP]
Lower East Side Tenement Museum National Historic Site: establish
(see H.R. 4158) [24MR]
VENTO, BRUCE F. (a Representative from Minnesota)
Appointments
Conferee: H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------H.R. 3841, Interstate Banking Efficiency Act [12MY]
------S. 21, California Desert Protection Act [4OC]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Dept. of the Interior: establish an American Heritage Areas
Partnership Program (see H.R. 5044) [13SE]
Homeless Assistance Act: revise and extend programs (see H.R.
4578) [14JN]
Housing: expand Federal efforts to eliminate crime in public
housing projects (see H.R. 4208) [13AP]
Laos: naturalization of aliens who served with special guerrilla
units (see H.R. 4048) [16MR]
Let's Stop Kids Killing Kids Week: designate (see H.J. Res. 360)
[21AP]
National Park Service: boundary adjustments and certain
authorities and programs changes (H.R. 1305), concurrence with
Senate amendment (see H. Res. 520) [16AU]
------housing standards for employees (see H.R. 5230) [6OC]
------reform entrepreneurial management (see H.R. 4533) [26MY]
Pennsylvania Avenue Development Corp.: authorizing appropriations
and development of plan for orderly dissolution (see H.R.
5096) [23SE]
Taxation: treatment of government pensions relative to Social
Security (see H.R. 4648) [24JN]
VETERANS
Bills and resolutions
Benefits: compensation rate for veterans with service-connected
disabilities and survivors' dependency and indemnity
compensation (see H.R. 4088) [17MR]
------disabled veterans benefits (see H.R. 4671) [28JN]
------educational assistance for alternative teacher certification
programs (see H.R. 4761) [14JY]
D-Day Widows and Orphans National Recognition Day: designate (see
H.J. Res. 408) [12SE]
Dept. of Veterans Affairs: provision of a display case for the
flag furnished with respect to deceased veterans (see H.R.
4286) [21AP]
Disabled: clarify disabled classification for employment and
training purposes (see H.R. 4572) [13JN]
------specialized services to disabled veterans (see H.R. 4428)
[16MY]
Diseases: add bronchioloalveolar carcinoma to the list of service-
connected diseases (see H.R. 4156) [24MR]
Exercise Tiger Day: designate (see H.J. Res. 305) [25JA]
Housing: specially adapted housing grant (see H.R. 4670) [28JN]
Income: permit retirement pay concurrently with service-connected
disability benefits (H.R. 65), consideration (see H. Res. 382)
[9MR]
------survivor annuity benefits relative to waivers made before
marriage (see H.R. 5004) [19AU]
Jewish War Veterans: issue commemorative postage stamp honoring
anniversary (see H. Con. Res. 199) [25JA]
National Korean War Veterans Armistice Day: designate (see H.J.
Res. 332) [9MR]
National League of Families POW/MIA: display of flag (see H.J.
Res. 369) [24MY]
National POW/MIA Recognition Day: designate (see H.J. Res. 369,
376) [24MY] [13JN]
National Wartime Nurses Recognition Day: designate (see H.J. Res.
375) [13JN]
Persian Gulf War Veteran Recognition Day: designate (see H.J. Res.
320) [8FE]
Radioactive substances: compensation of individuals who were
subjects in Government radiation experiments (see H.R. 3743,
4292) [26JA] [21AP]
Taxation: penalty-free withdrawals from retirement plans by
military reservists equal to income lost due to active duty
(see H.R. 3758) [1FE]
VFW: amend charter (see H.R. 5191) [5OC]
Women: sexual trauma counseling programs (S. 1030), return to
Senate (see H. Res. 487) [21JY]
World War II: benefits for Philippine service (see H.R. 4701)
[30JN]
Motions
Benefits: compensation rate for veterans with service-connected
disabilities and survivors' dependency and indemnity
compensation (S. 1927) [8AU]
Reports filed
Claude Harris, Jr., Veterans' Medical Center Building, Tuscaloosa,
AL: Committee on Veterans' Affairs (House) (H.R. 4948) (H.
Rept. 103-823) [3OC]
Compensation for Persian Gulf Conflict Veterans and Increased
Research Relative to Illnesses Attributed to Service During
Conflict: Committee on Veterans' Affairs (House) (H.R. 4386)
(H. Rept. 103-669) [4AU]
Compensation Rate for Veterans With Service-Connected Disabilities
and Survivors' Dependency and Indemnity Compensation:
Committee on Veterans' Affairs (House) (H.R. 4088) (H. Rept.
103-668) [4AU]
Construction of Facility at the Hines Veterans Hospital, Hines,
IL: Committee on Veterans' Affairs (House) (H.R. 1617) (H.
Rept. 103-476) [14AP]
Establish a Dept. of Veterans Affairs Women's Bureau: Committee on
Veterans' Affairs (House) (H.R. 3013) (H. Rept. 103-538) [9JN]
Staffing Guidelines for the Veterans Health Administration and
Establishment of Health Care Delivery Programs: Committee on
Veterans' Affairs (House) (H.R. 4013) (H. Rept. 103-477)
[14AP]
Veterans' Education and Training Act: Committee on Veterans'
Affairs (House) (H.R. 4768) (H. Rept. 103-631) [28JY]
Veterans' Employment Act: Committee on Veterans' Affairs (House)
(H.R. 4776) (H. Rept. 103-630) [28JY]
Veterans Housing Programs: Committee on Veterans' Affairs (House)
(H.R. 4724) (H. Rept. 103-629) [28JY]
VETERANS' ADMINISTRATION
see Department of Veterans Affairs
VETERANS' COMPENSATION COST-OF-LIVING ADJUSTMENT ACT
Motions
Enact (S. 1927) [8AU]
[[Page 2830]]
VETERANS' EDUCATION AND TRAINING ACT
Reports filed
Provisions: Committee on Veterans' Affairs (House) (H.R. 4768) (H.
Rept. 103-631) [28JY]
VETERANS' EMPLOYMENT ACT
Reports filed
Provisions: Committee on Veterans' Affairs (House) (H.R. 4776) (H.
Rept. 103-630) [28JY]
VETERANS HEALTH PROGRAMS IMPROVEMENT ACT
Bills and resolutions
Enact (S. 1030): return to Senate (see H. Res. 487) [21JY]
VETERANS OF FOREIGN WARS
Bills and resolutions
Charter: amend (see H.R. 5191) [5OC]
VIETNAM, SOCIALIST REPUBLIC OF
Bills and resolutions
Foreign policy: U.S. policy relative to human rights progress (see
H. Con. Res. 216) [8MR]
VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT
Appointments
Conferees: H.R. 3355, provisions [19AU]
Bills and resolutions
Enact (H.R. 3355): consideration of conference report (see H. Res.
517, 522, 526) [10AU] [16AU] [21AU]
Motions
Enact (H.R. 4092) [14AP] [19AP] [21AP]
Reports by conference committees
Provisions (H.R. 3355) [10AU] [21AU]
Reports filed
Consideration of Conference Report on H.R. 3355, Provisions:
Committee on Rules (House) (H. Res. 517) (H. Rept. 103-697)
[10AU]
------Committee on Rules (House) (H. Res. 526) (H. Rept. 103-713)
[21AU]
Provisions: committee of conference (H.R. 3355) (H. Rept. 103-694)
[10AU]
------committee of conference (H.R. 3355) (H. Rept. 103-711)
[21AU]
VIRGIN ISLANDS
Bills and resolutions
Alvaro de Lugo U.S. Post Office, Saint Thomas, VI: designate (see
H.R. 4190) [13AP]
Arturo R. Watlington, Sr., U.S. Post Office, Saint Thomas, VI:
designate (see H.R. 4192) [13AP]
Aubrey C. Ottley U.S. Post Office, Saint Thomas, VI: designate
(see H.R. 4191) [13AP]
Territories: application of tariff provisions to the Virgin
Islands, Guam, and American Samoa (see H.R. 4380, 4628) [10MY]
[22JN]
------self-government relative to development of articles of
incorporation with the Federal Government (see H.R. 4442)
[17MY]
Ubaldina Simmons U.S. Post Office, Saint John, VI: designate (see
H.R. 4193) [13AP]
VIRGINIA
Bills and resolutions
Appalachian Coal Heritage Area: establish (see H.R. 4692) [30JN]
Saltville Heritage Area: establish (see H.R. 4691) [30JN]
Reports filed
Mount Pleasant National Scenic Area Designation: Committee on
Agriculture (House) (H.R. 2942) (H. Rept. 103-686) [8AU]
VISCLOSKY, PETER J. (a Representative from Indiana)
Appointments
Conferee: H.R. 4539, Dept. of the Treasury, Postal Service,
Executive Office of the President, and independent agencies
appropriations [16AU]
------H.R. 4650, Dept. of Defense appropriations [13SE]
Bills and resolutions introduced by
Ecology and environment: authorize EPA loan program to States for
voluntary environmental cleanup programs (see H.R. 3844)
[10FE]
------require EPA to establish State programs of voluntary
environmental cleanup programs (see H.R. 3843) [10FE]
GATT: establish a working party on trade and worker rights and
labor standards (see H.R. 4271) [20AP]
Railroads: improve safety at grade crossings (see H.R. 4855)
[28JY]
Tobacco products: prohibit sale in vending machines and the
distribution of free samples in Federal buildings and on
Federal property (see H.R. 3845) [10FE]
VISUAL ARTS
see Arts and Humanities
VITAMINS
Bills and resolutions
Food stamps: use of benefits to purchase nutritional supplements
(see H.R. 5219) [6OC]
VOLKMER, HAROLD L. (a Representative from Missouri)
Appointments
Conferee: H.R. 3841, Interstate Banking Efficiency Act [12MY]
Bills and resolutions introduced by
AFDC: reform (see H.R. 4983) [17AU]
Agriculture: establish a fair and equitable blend price for
exported dairy products (see H.R. 4235) [14AP]
Crime: mandatory life imprisonment for third conviction of
individuals for certain felonies (see H.R. 3752) [26JA]
Taxation: treatment of health insurance costs of self-employed
individuals (see H.R. 5137) [29SE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
VOLUNTEER FIREMEN
see Firefighters
VOLUNTEER WORKERS
related term(s) Community Service
Bills and resolutions
Firefighters: exempt firefighters and rescue squad workers from
certain provisions of the Fair Labor Standards Act relative to
volunteer work in a professional capacity (see H.R. 3949)
[3MR]
VOTES IN HOUSE
related term(s) House of Representatives
Bills and resolutions
House of Representatives: prohibit voting by proxy and ghost
voting (see H.R. 4348) [4MY]
Recorded
Agriculture, rural development, FDA, and related agencies programs
appropriations (H.R. 4554): Burton amendment (FmHA
Disadvantaged Farmers Program funding) [17JN]
------conference report [23SE]
------DeLay motion to recommit [17JN]
------Durbin motion for Committee of the Whole to rise and report
to the House [17JN]
Alfredo Christiani's efforts toward peace and national
reconciliation in El Salvador (H. Con. Res. 286): tribute
[4OC]
American Heritage Areas Partnership Program (H.R. 5044): establish
[5OC]
------Rahall amendment to the Tauzin amendment (provide
information to property owners on just compensation of
takings) [5OC]
------Regula amendment to the Tauzin amendment (require informed
written consent of local areas prior to the inclusion in
American Heritage Areas) [5OC]
------Vento motion to suspend the rules and pass [27SE]
Antiredlining in Insurance Disclosure Act (H.R. 1188): Fields of
Louisiana amendment (disclosure of reasons for insurance
policy denials or non-renewals) [20JY]
------Kennedy amendment (legislative and executive branch
jurisdiction) [20JY]
------Roybal-Allard amendment (insurance data requirements) [20JY]
Antitrust and Communications Reform Act (H.R. 3626): enact [28JN]
Arizona Wilderness Land Title Resolution Act (S. 1233): enact
[3OC]
Black Lung Benefits Act (H.R. 2108): Armey amendment (payment of
claimant's attorneys fees) [19MY]
------Bill Barrett amendment (establish Federal Black Lung
Advisory Committee) [19MY]
------Boehner amendment (indebtedness level of the Black Lung
Disability Trust Fund) [19MY]
------Boehner amendment (refiling of claims) [19MY]
------enact [19MY]
------Fawell amendment (presentation of evidence in black lung
benefits cases) [19MY]
Black Revolutionary War Patriots Foundation (H.R. 2947): Vento
motion to suspend the rules and concur in Senate amendments
[16AU]
Budget 1995-99 (H. Con. Res. 218): conference report [5MY]
------consideration (H. Res. 384) [10MR]
------Frank amendment (Dept. of Defense funding) [10MR]
------Kasich amendment (substitute) [11MR]
------Kasich motion to instruct conferees [14AP]
------Mfume amendment (substitute) [11MR]
------setting forth [11MR]
------Solomon amendment (substitute) [10MR]
------waiving points of order against conference report (H. Res.
418) [5MY]
Budget Control Act (H.R. 4604): consideration (H. Res. 484) [21JY]
------enact [21JY]
------Goss motion to recommit [21JY]
------Kasich amendment (substitute) [21JY]
------Stenholm amendment (growth cap on entitlement spending)
[21JY]
Budget rescission proposals (H.R. 4600): authority [14JY]
------consideration (H. Res. 467) [14JY]
------Solomon amendment to Stenholm amendment (substitute) [14JY]
------Stenholm amendment (substitute) [14JY]
Byron White U.S. Courthouse, Denver, CO (H.R. 3693): designate
[12AP]
California Desert Protection Act (H.R. 518): Calvert amendment
(reduce National Park Service backlog of land acquisitions,
construction, and park operations) [27JY]
------consideration (H. Res. 422) [17MY]
------DeLay amendment (Mojave National Park land use) [12JY]
------enact [27JY]
------Hunter amendment (Federal, State, and local agencies law
enforcement and border operations in California wilderness
areas) [10JN]
------LaRocco amendment (hunting in the Mojave National Monunment,
CA) [12JY]
------McCandless amendment to Hunter amendment (management and
restoration activities in California for fish and wildlife
populations in certain public desert wilderness lands) [13JN]
------Miller of California amendment (Catellus Development Corp.
treatment in Federal land exchange) [13JY]
------Miller of California motion to close debate [27JY]
------order the previous question on consideration (H. Res. 422)
[17MY]
------Pombo amendment (allow motor vehicles use of roads and
trails in designated areas) [10JN]
------Tauzin amendment (compensation to property owners relative
to Federal decisions) [14JY]
------Thomas of California amendment (construction of access road
to China Lake Naval Air Warfare Center relative to space
energy laser facility use) [10JN]
------Vento amendment (domestic livestock grazing fees on public
lands) [12JY]
------Vento amendment to Hunter amendment (management and
restoration activities in California for fish and wildlife
populations in certain public desert wilderness lands) [13JN]
California Desert Protection Act (S. 21): consideration of
conference report (H. Res. 568) [6OC]
------consideration of Miller of California motion to go to
conference [4OC]
------Cunningham motion to commit the Miller of California motion
to go to conference to the Committee on Merchant Marine and
Fisheries (House) [4OC]
------Lewis of California motion to table Miller of California
motion to go to conference [4OC]
[[Page 2831]]
------Miller of California motion to go to conference [4OC]
------Miller of California motion to table Baker of California
motion to reconsider the previous question on the Miller of
California motion to go to conference [4OC]
------Miller of California motion to table Doolittle motion to
reconsider the motion to go to conference [4OC]
------Miller of California motion to table Lewis of California
motion to instruct conferees [4OC]
------Miller of California motion to table McKeon motion to
reconsider the motion to commit the motion to go to conference
to the Committee on Merchant Marine and Fisheries (House)
[4OC]
------previous question on the Miller of California motion to go
to conference [4OC]
------Richardson motion to table Miller of California motion to
reconsider consideration of Miller of California motion to go
to conference [4OC]
------Vento motion to table Miller of California motion to
reconsider Lewis of California motion to instruct conferees
[4OC]
Civil War battlefield interpretive center, Corinth, MS,
appropriations (S. 986): authorizing [5OC]
Coast Guard appropriations (H.R. 4422): authorizing [22SE]
Cohort default rate exemption for historically Black and Native
American colleges (S. 2004): extend [13AP]
Committees of the House investigations and studies (H. Res. 369):
provide expenses [22MR]
------Roberts motion to recommit [22MR]
Congress oversight of matters relative to operation of Government
(H. Res. 394): execute constitutional obligation [22MR]
Congressional Accountability Act (H.R. 4822): Byrne amendment
(ensure equal coverage and benefits for Members of Congress as
private citizens under national health care system) [10AU]
------consideration (H. Res. 514) [10AU]
------enact [10AU]
------Fingerhut amendment (Board of Directors requirements
relative to the Office of Compliance) [10AU]
Congressional committee names (H.R. 4777): amend U.S. Code [3OC]
Congressional consideration of nonemergency matters in emergency
legislation (H.R. 4906): Castle amendment (substitute) [17AU]
------Kasich amendment (substitute) [17AU]
------limit [17AU]
------Sam Johnson amendment (substitute) [17AU]
Conservation and management of wetlands appropriations (H.R.
4308): authorizing [13SE]
Constitutional amendment to require balanced budget (H.J. Res.
103): Barton amendment (substitute) [17MR]
------consideration (H. Res. 331) [16MR]
------Kyl substitute amendment [16MR]
------require [17MR]
------Wise substitute amendment [17MR]
Dept. of Agriculture (H.R. 3171): Allard amendment (eliminate
Agricultural Service Agency) [28SE]
Dept. of Defense and Dept. of Energy defense activities (S. 2182):
conference report [17AU]
------Dellums motion to close portions of conference committee
meetings [25JY]
Dept. of Defense appropriations (H.R. 4301): authorize [9JN]
------Bryant amendment (allied burden sharing for maintenance and
operation of military personnel and installations in foreign
countries) [18MY]
------consideration (H. Res. 429) [18MY]
------Dellums amendment (U.S. policy on Haiti relative to
refugees, military presence, and restoration of government)
[24MY]
------Dellums amendment (repeal draft registration requirement)
[23MY]
------Dicks amendment (development and procurement of Trident D-5
missiles) [20MY]
------Frank amendment (allied burden sharing for maintenance and
operation of military personnel and installations in foreign
countries) [19MY]
------Goss amendment (U.S. policy on Haiti relative to refugees,
military presence, and restoration of government) [24MY] [9JN]
------Hamilton amendment (arms embargo on Bosnia and Herzegovina)
[9JN]
------Hansen amendment (postpone recommendations of the Defense
Base Closure and Realignment Commission) [24MY]
------Harman amendment (C-17 aircraft program) [24MY]
------Harman amendment (Dept. of Defense assessment of medical
conditions as criteria for separation of personnel) [8JN]
------Kasich amendment (readiness of U.S. Armed Forces to defend
Republic of Korea from attack) [8JN]
------Kennedy amendment (operational funding for School for the
Americas at Fort Benning, GA) [20MY]
------Kopetski amendment (nuclear weapons testing moratorium)
[8JN]
------Markey amendment (U.S. policy toward countries that have
discrepancies in the accounting for of nuclear materials)
[8JN]
------McCloskey amendment (arms embargo on Bosnia and Herzegovina
[9JN]
------Meehan amendment (ballistic missile defense program funding)
[18MY]
------Michel motion to recommit [9JN]
------Penny amendment (development and procurement of Trident D-5
missiles) [20MY]
------Solomon amendment (access of military recruiters to
educational facilities) [23MY]
------Solomon amendment (U.S. policy relative to nuclear facility
inspection in the Democratic People's Republic of Korea) [8JN]
------Spence amendment (U.S. role in U.N. peacekeeping operations)
[24MY]
Dept. of Defense appropriations (H.R. 4650): conference report
[29SE]
------making [29JN]
------Murtha motion to close conference meetings relative to
classified information [13SE]
Dept. of Energy hydrogen and fusion research and development
programs, and nuclear and high energy physics programs (H.R.
4908): Walker amendment (use of research funds relative to
lobbying activities) [19AU]
Dept. of Environmental Protection (H.R. 3425): consideration (H.
Res. 312) [2FE]
Dept. of HUD supplemental appropriations: making [21JN]
Dept. of State, USIA, and related agencies appropriations (H.R.
2333): Gilman motion to instruct conferees [18AP]
------Snowe motion to recommit conference report [28AP]
Dept. of the Interior and related agencies appropriations (H.R.
4602): Allard amendment (National Biological Survey funding)
[22JN]
------Bachus amendment (National Endowment for the Arts funding)
[23JN]
------Crane amendment (National Endowment for the Arts funding)
[22JN]
------Dicks amendment to Bachus amendment to Stearns amendment
(National Endowment for the Arts funding) [23JN]
------Dicks amendment to Stearns amendment (National Endowment for
the Arts funding) [23JN]
------Duncan amendment (Presidio military facility funding) [22JN]
------Hefley amendment (National Park Service funding) [22JN]
------Klug amendment (funding for coal research in fossil energy
research and development programs) [23JN]
------making [23JN]
------Regula motion to instruct conferees (patents on mining
claims) [13SE]
------Stearns amendment (National Endowment for the Arts funding)
[23JN]
------Yates amendment to Bachus amendment to Stearns amendment
(National Endowment for the Arts funding) [23JN]
Dept. of the Treasury, Postal Service, Executive Office of the
President, and independent agencies appropriations (H.R.
4539): authorize [15JN]
------Bartlett amendment (Executive Office of the President
funding) [15JN]
------Burton amendment (Executive Office of the President expenses
of trip for D-Day ceremonies in Europe) [15JN]
------conference report [27SE]
------consideration (H. Res. 447) [9JN]
------consideration of conference report (H. Res. 537) [22SE]
------Fawell amendment (funding for certain construction projects)
[15JN]
------Goss amendment (Executive Office of the President funding)
[15JN]
------Hefley amendment (Executive Office of the President funding)
[15JN]
------Hoyer motion to report bill back to House [15JN]
------Istook amendment (Advisory Commission on Intergovernmental
Relations funding) [15JN]
------Istook amendment (Federal courthouse construction
appropriations) [15JN]
------Istook motion to recommit conference report [22SE]
------Livingston amendment (FEC funding) [15JN]
------Pomeroy amendment to Istook amendment (Federal courthouse
construction appropriations) [15JN]
Dept. of Transportation and related agencies appropriations (H.R.
4556): consideration (H. Res. 454) [16JN]
------Hefley amendment (Amtrak funding) [16JN]
------Kasich amendment (transfer ICC function to the Dept. of
Transportation) [16JN]
------making [16JN]
------order the previous question on consideration (H. Res. 454)
[16JN]
Depts. of Commerce, Justice, and State, the Judiciary, and related
agencies appropriations (H.R. 4603): authorize [27JN]
------Burton amendment (National Telecommunications and
Information Administration funding for information
infrastructure grants) [27JN]
------Burton amendment (National Telecommunications and
Information Administration public broadcasting funding) [27JN]
------Condit amendment (State and local governments expenses
relative to incarceration of undocumented criminal aliens)
[27JN]
------conference report [18AU]
------consideration (H. Res. 461) [23JN]
------consideration of conference report (H. Res. 523) [18AU]
------Fields of Texas amendment (NOAA's GLOBE program) [24JN]
------Goodlatte amendment (NOAA funding) [27JN]
------Hefley amendment (National Endowment for Democracy funding)
[27JN]
------Inslee amendment (Dept. of State acquisition and maintenance
of buildings abroad) [27JN]
------Lightfoot motion to recommit [27JN]
------Mollohan amendment (U.S. Travel and Tourism Administration
funding) [27JN]
------Penny amendment (Economic Development Administration
funding) [27JN]
------previous question on consideration of conference report (H.
Res. 523) [18AU]
------Rogers amendment (U.S. role in U.N. peacekeeping operations)
[27JN]
------Rogers motion to instruct conferees (U.S. contribution to
U.N. peacekeeping and general budget) [10AU]
------Schiff amendment (Dept. of Justice budget) [24JN]
------Smith of Texas amendment (Dept. of Justice budget) [24JN]
------Stearns amendment (Dept. of State appropriations) [27JN]
------Taylor of North Carolina amendment (EEOC guidelines relative
to religious harassment in employment) [27JN]
[[Page 2832]]
Depts. of Labor, HHS, Education, and related agencies
appropriations (H.R. 4606): Baker of California amendment
(public library services program) [28JN]
------Boehner amendment (Native Hawaiian Education Program
funding) [28JN]
------conference report [22SE]
------Crane amendment (Corp. for Public Broadcasting funding)
[28JN]
------Grams amendment (legal clinical program funding) [28JN]
------Lightfoot motion to recommit [29JN]
------making [29JN]
------Mica amendment (immigrant education programs) [28JN]
------Porter amendment (community health center funding) [28JN]
[29JN]
------Waters amendment (trade school revenue relative to student
financial aid programs) [29JN]
Depts. of Veterans Affairs, HUD, and sundry independent agencies
appropriations (H.R. 4624): authorize [29JN]
------Boehner amendment in disagreement to conference report (EPA
regulations on foreign refinery reformulated gasoline imports)
[12SE]
------conference report [12SE]
------Hefley amendment (NASA Consortium for International Earth
Science Information Network funding) [29JN]
------Kolbe motion to recommit [29JN]
------Roemer amendment (space station program funding) [29JN]
------Smith of Michigan amendment (public housing funding) [29JN]
------Stokes amendment in disagreement to conference report (Dept.
of HUD special purpose grants) [12SE]
------Stokes motion for Committee of the Whole to rise and report
to the House [29JN]
Designate lands in Montana as national forests and release certain
national forest lands (H.R. 2473): authorize [17MY]
------Bryant amendment (restraints upon forest clearcutting)
[17MY]
------DeLay amendment (scientific panel to study Northern Rockies
ecosystem) [17MY]
District of Columbia appropriations (H.R. 4649): Barton amendment
(health care benefits for domestic partners of District of
Columbia employees) [13JY]
------consideration (H. Res. 466) [29JN]
------Dixon motion to rise and report [13JY]
------making [13JY]
------previous question on consideration (H. Res. 466) [29JN]
------Walsh motion to instruct conferees (spending levels) [28JY]
Domestic service employment taxes collection, Federal disability
insurance trust fund allocations, and denial of certain
benefits to incarcerated individuals (H.R. 4278): conference
report [6OC]
Education appropriations programs (H.R. 6): Armey en bloc
amendments [24FE]
------authorize [24MR]
------Bill Barrett amendment (State block grants for drug
education programs) [9MR]
------Boehner amendment (Elementary School Innovative Transitional
Projects Program funding) [3MR]
------Boehner amendment (Territorial Education Improvement
Program) [9MR]
------Boehner amendment (native Hawaiian education programs) [9MR]
------Dan Miller amendment (low-interest loans for the
construction of school facilities) [24MR]
------Doolittle amendment (sex education instruction) [22MR]
------Durbin amendment (inclusion of tobacco usage data in drug
education programs) [9MR]
------Gunderson motion to instruct conferees (Federal funding for
schools relative to voluntary school prayer) [20SE]
------Hancock amendment (Federal funding for schools with programs
promoting homosexuality as a positive alternative lifestyle)
[24MR]
------Kildee amendment to the Owens substitute amendment to the
Bill Barrett amendment (State block grants for drug education
programs) [9MR]
------Kildee en bloc amendments [24FE]
------Michel substitute amendment [24MR]
------Owens substitute amendment to the Bill Barrett amendment
(State block grants for drug education programs) [9MR]
------Rohrabacher amendment (require school districts to compile
statistics of illegal immigrant children) [3MR]
------Romero-Barcelo amendment (educational funding levels for
Puerto Rico) [2MR] [3MR]
------Roth amendment (bilingual education program funding) [21MR]
------Unsoeld amendment to Doolittle amendment (sex education
instruction) [22MR]
------Unsoeld amendment to the Hancock amendment (Federal funding
for schools with programs promoting homosexuality as a
positive alternative lifestyle [24MR]
------William D. Ford amendment (teacher certification relative to
home-schooling) [24FE]
------Williams amendment (Federal funding for schools relative to
voluntary school prayer) [21MR]
Education programs appropriations (H.R. 6): conference report
[30SE]
------consideration of conference report (H. Res. 556) [30SE]
------Sam Johnson motion to recommit conference report [30SE]
Edward J. Schwartz Courthouse and Federal Building, San Diego, CA
(H.R. 3770): designate [13AP]
Energy and water development appropriations (H.R. 4506): Byrne
amendment (Dept. of Energy's Energy Supply, Research and
Development Activities account funding) [14JN]
------conference report [10AU]
------making [14JN]
------previous question on Myers motion to instruct conferees
(terminate use of liquid metal reactors in disposal of high-
level radioactive waste) [1AU]
Environmental Export Promotion Act (H.R. 3813): enact [19AP]
Export Administration Act (H.R. 3937): consideration (H. Res. 474)
[14JY]
Export controls (H.R. 5108): administration [4OC]
Federal Acquisition Streamlining Act (S. 1587): conference report
[20SE]
Federal Crop Insurance Reform Act (H.R. 4217): de la Garza
amendment to Penny amendment (reform crop insurance program)
[5AU]
------Penny amendment (reform crop insurance program) [5AU]
Federal employee training restrictions and temporary voluntary
separation incentive (H.R. 3345): Castle motion to instruct
conferees [11MR]
------Castle motion to recommit conference report [23MR]
------consideration of conference report (H. Res. 388) [23MR]
------eliminate restrictions and provide authority [10FE]
------Penny amendment (decrease staff positions in Federal
agencies and departments) [10FE]
Federal Railroad Safety Act (H.R. 4545): amend [8AU]
Financial institution administrative requirements (H.R. 3474):
conference report [4AU]
Foreign operations, export financing, and related programs
appropriations (H.R. 4426): Beilenson amendment (voluntary
family planning assistance) [25MY]
------Burton amendment (allocation of foreign aid to South Africa)
[25MY]
------Callahan amendment (International Narcotics Program funding)
[25MY]
------committee amendment (substitute) [25MY]
------conference report [4AU]
------consideration (H. Res. 441) [25MY]
------consideration (H. Res. 443) [25MY]
------making [25MY]
------previous question (H. Res. 443) [25MY]
Freedom of Access to Clinic Entrances Act (S. 636): Christopher H.
Smith motion to recommit [17MR]
------conference report [5MY]
------consideration, request conference with the Senate and insert
language of H.R. 796 in lieu (H. Res. 374) [17MR]
------enact [17MR]
------previous question on consideration and request conference
with the Senate (H. Res. 374) [17MR]
------Schroeder motion to insist on the House amendments and
request a conference with the Senate [17MR]
------Sensenbrenner motion to instruct conferees [17MR]
------Sensenbrenner motion to recommit conference report [5MY]
------Smith of New Jersey motion to lay on the table Schroeder
substitute amendment [17MR]
------waiving points of order against conference report (H. Res.
417) [5MY]
GATT (H.R. 5110): consideration (H. Res. 564) [5OC]
------ratification [29NO]
Goals 2000--Educate America Act (H.R. 1804): conference report
[23MR]
------Duncan motion to instruct conferees [23FE]
------Duncan motion to recommit [23MR]
Government entitlement (H. Con. Res. 301): consideration (H. Res.
563) [5OC]
Great Falls Historic District (H.R. 3498): establish [13AP]
Haiti (H. Con. Res. 290): tribute to special peace delegation and
support for U.S. Armed Forces [19SE]
Head Start, LIHEAP, Community Development Block Grant Program, and
Coordinated Services for Children, Youth, and Families (S.
2000): conference report [12MY]
Headwaters Forest Act (H.R. 2866): consideration (H. Res. 536)
[21SE]
------Doolittle amendment (cap on land acquisitions) [21SE]
------enact [21SE]
------Pombo amendment (addition of certain lands) [21SE]
------previous question on consideration (H. Res. 536) [21SE]
High-speed rail transportation development (H.R. 4867): Schenk
motion to suspend the rules [16AU]
House of Representatives: adjournment [4OC]
House of Representatives (H. Res. 578): application of certain
laws [7OC]
House Post Office activity relative to criminal and House Rules
violations (H. Res. 238): Gephardt motion to table [2MR]
House Post Office activity relative to criminal and House Rules
violations (H. Res. 375): investigation [2MR]
Housing and Community Development Act (H.R. 3838): enact [22JY]
------Kim amendment (prevent certain Federal benefits for aliens
who are not legal permanent residents) [22JY]
Human rights violations of Bahais in Iran (S. Con. Res. 31):
condemn [19AP]
Independent counsel (H.R. 811): Bryant amendment (investigate
allegations of criminal wrongdoing by Members of Congress)
[10FE]
------consideration (H. Res. 352) [9FE]
------Gekas amendment (investigate allegations of criminal
wrongdoing by Members of Congress) [10FE]
------Gekas motion to recommit [10FE]
------Hyde amendment (substitute) [10FE]
------previous question (H. Res. 352) [9FE]
------Ramstad amendment (grounds for removal) [10FE]
------reauthorize [10FE]
Independent counsel (S. 24): conference report [21JN]
------consideration (H. Res. 439) [21JN]
Indian group recognition (H.R. 4462): administrative procedures
[3OC]
Indian Trust Funds management (H.R. 4833): reform [3OC]
Intelligence services appropriations (H.R. 4299): authorize [20JY]
------Frank amendment (funding for counternarcotics and drug
interdiction) [20JY]
------Glickman amendment (public disclosure of aggregate totals in
budget) [19JY]
------Sanders amendment (intelligence services funding levels)
[19JY]
[[Page 2833]]
Iraqi claims (H.R. 3221): adjudication [28AP]
Journal: question of approval [26JA] [2FE] [3FE] [8FE] [9FE]
[23FE] [2MR] [3MR] [8MR] [11MR] [16MR] [23MR] [13AP] [14AP]
[19AP] [20AP] [21AP] [4MY] [5MY] [17MY] [26MY] [13JY] [21JY]
[4AU] [9AU] [11AU] [16AU] [17AU] [21AU] [13SE] [29SE] [30SE]
[29NO]
Legislative branch of the Government appropriations (H.R. 4454):
Bereuter amendment (GAO funding) [26MY]
------Boehner amendment (Legislative branch of the Government
appropriations) [26MY]
------consideration (H. Res. 444) [26MY]
------making [26MY]
------Pomeroy amendment (House official mail costs) [26MY]
------Thurman amendment (House officers and employees salaries and
appropriations) [26MY]
------Young of Florida motion to recommit [26MY]
Little Traverse Bay Bands of Odawa Indians and the Little River
Band of Ottawa Indians Act (S. 1357): enact [3AU]
Lobbying Disclosure Act (S. 349): conference report [29SE]
------consideration of conference report (H. Res. 550) [29SE]
------enact [24MR]
------Gekas motion to recommit conference report [29SE]
------suspend the rules (H. Res. 397) [24MR]
Lowell Historic Preservation Commission (H.R. 4448): Allard
amendment (reduce appropriated funds) [26SE]
------enact [26SE]
------extend term [1AU]
Lower East Side Tenement Museum National Historic Site (H.R.
4158): establish [1AU]
Maritime Administration and Promotional Reform Act (H.R. 4003):
consideration (H. Res. 500) [2AU]
------enact [2AU]
------Studds amendment (tonnage duty imposed on vessels arriving
or leaving U.S. ports) [2AU]
Military construction appropriations (H.R. 4453): making [24MY]
Minor Crop Protection Act (H.R. 967): enact [4OC]
Minority Health Improvement Act (S. 1569): conference report [7OC]
Most-favored-nation status for the People's Republic of China
(H.J. Res. 373): extend [9AU]
Most-favored-nation status for the People's Republic of China
(H.R. 4590): Hamilton amendment (substitute) [9AU]
------Pelosi amendment (substitute) [9AU]
Multifamily Housing Property Disposition Reform Act (H. 4067):
enact [22MR]
National Communications Competition and Information Infrastructure
Act (H.R. 3636): enact [28JN]
National Competitiveness Act (H.R. 820): Walker motion to instruct
conferees [19JY]
National Flood Insurance Reform Act (H.R. 3191): enact [3MY]
National Highway System Designation Act (H.R. 4385): Clement
amendment (proposed Indianapolis-to-Houston highway corridor)
[25MY]
------Traficant amendment (Dept. of Transportation study of
accidents involving commercial truck drivers who fall asleep
while driving) [25MY]
National Park Service Concessions Policy Reform Act (S. 208):
enact [28JY]
------Murphy amendment (development or expansion of visitor
facilities) [28JY]
National Park Service Entrepreneurial Management Reform Act (H.R.
4533): enact [4OC] [5OC]
National Park System Reform Act (H.R. 4476): enact [28SE]
National policy to control crime and reform court procedures (H.R.
3355): Dunn motion to instruct conferees (State registration,
tracking, and community notification procedures relative to
released convicted sex offenders) [13JY]
------McCollum motion to instruct conferees (capital punishment
relative to racial discrimination) [16JN]
------McCollum motion to instruct conferees (law enforcement
assistance to local governments) [23JN]
------McCollum motion to instruct conferees (mandatory prison term
relative to certain State crimes committed with a firearm)
[20JY]
------McCollum motion to instruct conferees (prison construction
funding) [22JN]
------Molinari motion to instruct conferees (sexual assault and
child molestation cases) [29JN]
------Rohrabacher motion to instruct conferees (prohibit
participation of illegal aliens in certain Federal benefits
programs) [13JY]
National policy to control crime and reform court procedures (H.R.
4092): consideration (H. Res. 395) [23MR]
NSF appropriations (H.R. 3254): authorize [4MY]
------Boehlert amendment (authorization levels) [4MY]
------Solomon amendment (deny grants or contracts to schools that
prevent military recruiting) [4MY]
Nutrition and school lunch programs (H.R. 8): extend [19JY]
Omnibus Crime Control and Safe Streets Act (H.R. 3355): McCollum
motion to instruct conferees [21AP]
Out-of-State solid waste disposal (H.R. 4779): limit [28SE]
Patent and Trademark Office appropriations (H.R. 4608):
authorizing [3OC]
Payments in Lieu of Taxes Act (S. 455): consideration (H. Res.
565) [6OC]
------Miller of California amendment (substitute) [7OC]
------Vento amendment (index land entitlement payments to
inflation) [7OC]
Petroleum Marketing Practices Act (H.R. 1520): enact [4OC]
Pokagon Band of Potawatomi Indians (S. 1066): restore Federal
services [3AU]
Postal Service reemployment procedures for individuals improperly
discharged due to fraudulent narcotics charges (H.R. 5139):
implement [5OC]
Presence of U.S. Armed Forces in Haiti (H.J. Res. 416): authorize
[6OC]
------consideration (H. Res. 570) [6OC]
------Dellums amendment (substitute) [6OC]
------Gilman amendment (substitute) [6OC]
------Torricelli amendment (substitute) [6OC]
Presidio, CA, military facility (H.R. 3433): Allard amendment
(implement Federal-State cost sharing program) [18AU]
------Grams amendment (spending caps relative to operating
expenses) [18AU]
------management [18AU]
Public release of documents relative to the investigation of the
House Post Office (H. Res. 450): authorize [9JN]
Public Works and Economic Development Act appropriations (H.R.
2442): Boehner amendment (Appalachian Regional Commission task
force and application to other regional commissions) [12MY]
------Goss amendment (abolish the Appalachian Regional Commission)
[11MY]
------Hefley amendment (abolish the Economic Development
Administration) [12MY]
------Hefley amendment (Economic Development Administration
funding) [12MY]
------Kanjorski amendment (establish the Business Development
Commercialization Corp.) [11MY]
------reauthorizing [12MY]
------Walker amendment (effect of Government regulations on
economic development) [12MY]
Radon Awareness and Disclosure Act (H.R. 2448): enact [28JY]
------Oxley amendment (radon disclosure requirements relative to
radon testing when selling or renting property) [28JY]
Reform of baseline budgeting, consideration of rescissions, use of
spending cuts for deficit reduction, and treatment of
emergency designation in legislation (H.R. 4907):
consideration (H. Res. 512) [11AU]
------Penny amendment (substitute) [12AU]
------Spratt amendment (substitute) [12AU]
Research and development of environmental technology (H.R. 3870):
Brown of California amendment (develop an EPA risk assessment
program) [26JY]
------Walker amendment (develop an EPA risk assessment program)
[26JY]
Rio Puerco Watershed Act (S. 1919): enact [5OC]
------Vento motion to enact [4OC]
School-to-Work Opportunities Act (H.R. 2884): conference report
[20AP]
Sinking of Cuban refugee ship (H. Con. Res. 279): condemn [4OC]
Small Business Act (H.R. 4801): amend [21SE]
------consideration (H. Res. 494) [29JY]
------Kim motion to recommit [21SE]
------previous question on consideration (H. Res. 494) [29JY]
Social Security Administration as an independent agency (H.R.
4277): conference report [11AU]
------establish [17MY]
Social Security domestic service employment taxes collection,
Federal disability insurance trust fund allocations, and
denial of certain benefits to incarcerated individuals (H.R.
4278): enact [12MY]
Speech by a senior representative of the Nation of Islam (H. Res.
343): condemn [23FE]
Staffing guidelines for the Veterans Health Administration and the
establishment of health care delivery programs (H.R. 4013):
authorizing [28AP]
State control of municipal solid waste transportation and disposal
(H.R. 4683): Richardson amendment (restrictions on local
government flow control authority) [29SE]
Supplemental appropriations (H.R. 3759): conference report [11FE]
------consideration (H. Res. 336) [3FE]
------Fazio amendment (rescission authority) [3FE]
------Frank amendment (Dept. of Defense funding for humanitarian
assistance and peacekeeping activities) [3FE]
------making [3FE]
------McDade motion to instruct conferees [10FE]
------Myers amendment (rescission authority) [3FE]
------Myers motion to recommit [3FE]
------Nussle amendment (rescission authority) [3FE]
------previous question on consideration (H. Res. 336) [3FE]
Tariffs on personal effects of participants in certain
international sporting events (H.R. 4066): suspend [12AP]
Technical amendments to legislation relative to Native American
land and water claims (S. 1654): making [19AP]
Trademarks used in international commerce (H.R. 2129):
registration and protection [3OC]
Transfer or sale of assault weapons (H.R. 4296): consideration (H.
Res. 416) [5MY]
------prohibit [5MY]
U.S. troops in Berlin (H. Res. 476): withdrawal [26JY]
U.S.-Mexico Border Health Commission (S. 1225): establish [4OC]
[5OC]
Urban Recreation and At-Risk Youth Act (H.R. 4034): enact [22MR]
Violent Crime Control and Law Enforcement Act (H.R. 3355):
conference report [21AU]
------consideration (H. Res. 517) [11AU]
------consideration of conference report (H. Res. 526) [21AU]
------McCollum motion to recommit conference report [21AU]
Violent Crime Control and Law Enforcement Act (H.R. 4092): Bob
Franks amendment (education requirement for early prison
release) [21AP]
------Brooks en bloc amendments [14AP] [20AP]
------Chapman amendment (State funding for prisons relative to
sentencing guidelines) [19AP]
------Christopher Smith amendment (remedies for child victims of
sexual exploitation) [20AP]
------consideration (H. Res. 401) [13AP]
------Derrick amendment (habeas corpus procedures) [19AP]
------enact [21AP]
------Gekas amendment (capital punishment for certain crimes)
[14AP]
------Gordon amendment (Pell grant eligibility of prisoners)
[20AP]
------Hughes amendment (mandatory minimum sentences relative to
crack and powder cocaine convictions) [21AP]
[[Page 2834]]
------Hughes amendment to McCollum amendment (State funding for
prisons relative to sentencing guidelines) [19AP]
------Hunter amendment (hiring of additional Border Patrol agents
to apprehend illegal aliens) [20AP]
------Hyde amendment (habeas corpus procedures) [19AP]
------Kopetski amendment (replace capital punishment with life
imprisonment) [14AP]
------Martinez amendment (minimum standards for background
investigations and training of private security officers)
[20AP]
------McCollum amendment (capital punishment for certain offenses)
[14AP]
------McCollum amendment (capital punishment relative to racial
discrimination) [20AP]
------McCollum motion to recommit [21AP]
------McCollum motion to strike enacting clause [14AP] [19AP]
[20AP]
------McCurdy amendment (Police Corps Program) [20AP]
------Schiff amendment (State funding for prisons relative to
management of resources) [19AP]
------Solomon amendment (mandatory life imprisonment for third
conviction of individuals for certain felonies) [19AP]
------Traficant amendment (Buy American Act compliance) [20AP]
------Watt amendment (capital punishment for certain offenses)
[14AP]
------Wynn amendment (Pell grant eligibility of prisoners) [20AP]
Wallenberg, Raoul (H. Con. Res. 222): placement of a bust in the
Capitol [18AP]
Wheeling National Heritage Area (H.R. 2843): establish [13AP]
Year to honor the memory and leadership qualities of Thomas P.
O'Neill, Jr. (H. Res. 329): designate [20AP]
VUCANOVICH, BARBARA F. (a Representative from Nevada)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Conferee: H.R. 322, Mineral Exploration and Development Act [17MY]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------H.R. 4453, military construction appropriations [26JY]
------H.R. 4554, agriculture, rural development, FDA, and related
agencies programs appropriations [13SE]
Bills and resolutions introduced by
Austin, NV: convey certain lands to the Austin Historical Mining
District Historical Society (see H.R. 3946) [2MR]
Dept. of Energy: establish a National Test and Demonstration
Center of Excellence (see H.R. 4049) [16MR]
Orca (vessel): certificate of documentation (see H.R. 4563) [9JN]
Public lands: promote certain activities to address the adverse
impact of wildfires (see H.R. 5097) [23SE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
WAGES
see Income
WALES
see United Kingdom of Great Britain and Northern Ireland
WALKER, ROBERT S. (a Representative from Pennsylvania)
Appointments
Committee for the Funeral of Richard M. Nixon [28AP]
Conferee: H.R. 820, National Competitiveness Act [19JY]
------H.R. 2739, Airport and Airway Improvement Act appropriations
[26JY]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Amtrak: eliminate funding for certain expenses for pedestrian
bridges (see H.R. 4773) [14JY]
House of Representatives: prohibit voting by proxy and ghost
voting (see H.R. 4348) [4MY]
Land Remote Sensing Policy Act: revise (see H.R. 4818) [22JY]
Taxation: penalty-free withdrawals from retirement plans by
military reservists equal to income lost due to active duty
(see H.R. 3758) [1FE]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
Dept. of Commerce: authorizing appropriations for the Technology
Administration and the National Institute of Standards and
Technology (H.R. 820) [19JY]
Dept. of Defense: making appropriations (H.R. 4650) [13SE]
Technology: enhance manufacturing technology (H.R. 820) [19JY]
WALLENBERG, RAOUL
Bills and resolutions
Capitol Building and Grounds: placement of a bust (see H. Con.
Res. 222) [11MR]
WALSH, JAMES T. (a Representative from New York)
Appointments
Canada-U.S. Interparliamentary Group [18MY]
Conferee: H.R. 4554, agriculture, rural development, FDA, and
related agencies programs appropriations [13SE]
------H.R. 4649, District of Columbia appropriations [28JY]
Bills and resolutions introduced by
Alcohol Awareness Month: designate (see H.J. Res. 335) [10MR]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
District of Columbia: making appropriations (H.R. 4649) [28JY]
WALTHAM, MA
Reports filed
Frederick C. Murphy Federal Center: Committee on Public Works and
Transportation (House) (S. 1206) (H. Rept. 103-455) [24MR]
WAR
related term(s) Korean War; Persian Gulf Conflict; World War II
Bills and resolutions
National Wartime Nurses Recognition Day: designate (see H.J. Res.
375) [13JN]
Persian Gulf War Veteran Recognition Day: designate (see H.J. Res.
320) [8FE]
POW: medical benefits for former civilian POW (see H.R. 4118)
[23MR]
VFW: amend charter (see H.R. 5191) [5OC]
WAR CLAIMS
see Claims
WASHINGTON (State)
Bills and resolutions
Chelan County, WA: exchange lands with the Wenatachee National
Forest (see H.R. 4993) [18AU]
Coeur d'Alene Basin Management Conference: convene (see H.R. 4962)
[12AU]
Coeur d'Alene Basin Restoration Corp.: establish (see H.R. 4961)
[12AU]
Dept. of Defense: amend appropriations legislation relative to the
Bonneville Lock and Dam (see H.R. 5241) [7OC]
Vancouver National Heritage Area: establish (see H.R. 4607) [21JN]
Yakima River: authorize certain elements of the basin water
enhancement project (see H.R. 5148) [30SE]
Reports filed
Yakima River Basin Water Enhancement Project: Committee on Natural
Resources (House) (H.R. 1690) (H. Rept. 103-644) [1AU]
WASHINGTON, CRAIG A. (a Representative from Texas)
Appointments
Conferee: H.R. 2659, bone marrow and organ transplant programs
[13AP]
------S. 1569, Minority Health Improvement Act [23MY]
Bills and resolutions introduced by
Colleges and universities: eliminate segregationist language from
certain laws relative to funding of State universities (see
H.R. 5310) [29NO]
WASHINGTON, DC
see District of Columbia
WASHINGTON, GEORGE (1st President of the United States)
Appointments
George Washington's birthday ceremonies delegation [10FE]
WASTE
see Refuse Disposal; Sewage Disposal
WATER
related term(s) Ecology and Environment
Bills and resolutions
Agriculture: extend conservation reserve program and wetlands
reserve program (see H.R. 3894) [24FE]
Corpus Christi, TX: negotiations with the Bureau of Reclamation
relative to the Choke Canyon Reservoir-Nueces River project
(see H.R. 4631) [22JN]
Energy and water development: making appropriations (see H.R.
4506) [26MY]
Lakes: eliminate the maximum daily diversion restriction relative
to pumping of water from Lake Powell (see H.R. 5025) [12SE]
Mancos Water Conservancy District, CO: construction of
hydroelectric plant (see H.R. 4523) [26MY]
Mexico: authorizing appropriations for U.S.-Mexico wastewater
treatment works (see H.R. 4479) [24MY]
National Wildlife Refuge System: acquisition of land or waters
relative to revenue sharing payments (see H.R. 4827) [25JY]
Natural resources: conservation and development of resources, and
river and harbor improvement projects (see H.R. 4886) [2AU]
Oregon: emergency repair work on Crooked River Project, Ochoco Dam
(see H.R. 3833) [9FE]
Public works: private usage and contracting requirements of water
or wastewater facilities funded through tax-exempt municipal
bonds (see H.R. 3904) [24FE]
Redwood Valley Water District: loan authority (see H.R. 4925)
[9AU]
Rivers: prohibit the restoration of certain flows in the San
Joaquin River (see H.R. 5309) [29NO]
San Carlos Apache Tribe Water Rights Settlement Act: extend
deadline for completing certain actions (see H.R. 4870) [1AU]
South Dakota: expand Mni Wiconi rural water supply project (see
H.R. 3954) [3MR]
Taxation: treatment of water conservation subsidies (see H.R.
4548) [8JN]
Upper Yampa Water Conservancy Project: authorize the transfer of a
certain loan contract (see H.R. 4525) [26MY]
Water pollution: eligibility of State and local government
employees to serve on State boards that issue permits for
discharges into navigable waters (see H.R. 5150) [30SE]
------establish a national estuary pollution prevention
demonstration program (see H.R. 4226) [14AP]
Yakima River: authorize certain elements of the basin water
enhancement project (see H.R. 5148) [30SE]
Motions
Energy and water development: making appropriations (H.R. 4506),
conference report [1AU] [10AU]
Reports by conference committees
Energy and Water Development Appropriations (H.R. 4506) [4AU]
Reports filed
Atlantic Striped Bass Conservation Act Amendments: Committee on
Merchant Marine and Fisheries (House) (H.R. 4504) (H. Rept.
103-584) [12JY]
Belle Fourche Irrigation Project Expansion: Committee on Natural
Resources (House) (H.R. 4439) (H. Rept. 103-787) [3OC]
Central Utah Water Conservancy District Implementation of Water
Conservation Programs: Committee on Natural Resources (House)
(H.R. 4615) (H. Rept. 103-791) [3OC]
Conservation and Development of Resources, and River and Harbor
Improvement Projects: Committee on Public Works and
Transportation (House) (H.R. 4460) (H. Rept. 103-770) [30SE]
Conservation and Management of Wetlands Appropriations: Committee
on Merchant Marine and Fisheries (House) (H.R. 4308) (H. Rept.
103-717) [12SE]
Consideration of H.R. 4506, Energy and Water Development
Appropriations: Committee on Rules (House) (H. Res. 449) (H.
Rept. 103-540) [9JN]
[[Page 2835]]
Eliminate the Maximum Daily Diversion Restriction Relative to
Pumping of Water From Lake Powell, AZ: Committee on Natural
Resources (House) (H.R. 5025) (H. Rept. 103-802) [3OC]
Energy and Water Development Appropriations: committee of
conference (H.R. 4506) (H. Rept. 103-672) [4AU]
------Committee on Appropriations (House) (H.R. 4506) (H. Rept.
103-533) [26MY]
Expand the Mni Wiconi Rural Water Supply Project of South Dakota:
Committee on Natural Resources (House) (H.R. 3954) (H. Rept.
103-789) [3OC]
Hydropower Production Settlements with the Confederated Tribes of
the Colville Reservation: Committee on Natural Resources
(House) (H.R. 4757) (H. Rept. 103-685) [8AU]
Mancos Water Conservancy District, CO, Hydroelectric Plant
Construction: Committee on Natural Resources (House) (H.R.
4523) (H. Rept. 103-790) [3OC]
Native American Land and Water Claims Technical Amendments:
Committee on Natural Resources (House) (S. 1654) (H. Rept.
103-479) [19AP]
Redwood Valley Water District Loan Authority: Committee on Natural
Resources (House) (H.R. 4925) (H. Rept. 103-795) [3OC]
Rio Puerco Watershed Act: Committee on Natural Resources (House)
(S. 1919) (H. Rept. 103-820) [3OC]
Technical Amendments to Legislation Relative to Land and Water
Claims of Native Americans: Committee on Natural Resources
(House) (H.R. 4709) (H. Rept. 103-704) [16AU]
Upper Yampa Water Conservancy Project Loan Contract Transfer:
Committee on Natural Resources (House) (H.R. 4525) (H. Rept.
103-792) [3OC]
Water Desalination Act: Committee on Natural Resources (House)
(H.R. 4944) (H. Rept. 103-821) [3OC]
Watershed-Protection Patented Land Lease Regulations in Kaysville
City, UT: Committee on Natural Resources (House) (S. 859) (H.
Rept. 103-590) [12JY]
Yakima River Basin Water Enhancement Project: Committee on Natural
Resources (House) (H.R. 1690) (H. Rept. 103-644) [1AU]
Yavapai-Prescott Indian Tribe Water Rights Settlement Act:
Committee on Natural Resources (House) (S. 1146) (H. Rept.
103-812) [3OC]
WATER DESALINATION ACT
Reports filed
Provisions: Committee on Natural Resources (House) (H.R. 4944) (H.
Rept. 103-821) [3OC]
WATER POLLUTION
related term(s) Ecology and Environment; Pollution
Bills and resolutions
Coeur d'Alene Basin Management Conference: convene (see H.R. 4962)
[12AU]
Coeur d'Alene Basin Restoration Corp.: establish (see H.R. 4961)
[12AU]
Ecology and environment: ocean discharge and waste water
reclamation (see H.R. 5176) [5OC]
Marinas: treatment as offshore facilities (see H. Con. Res. 262)
[28JN]
Waterways: eligibility of State and local government employees to
serve on State boards that issue permits for discharges into
navigable waters (see H.R. 5150) [30SE]
------establish a national estuary pollution prevention
demonstration program (see H.R. 4226) [14AP]
Reports filed
Conservation and Management of Wetlands Appropriations: Committee
on Merchant Marine and Fisheries (House) (H.R. 4308) (H. Rept.
103-717) [12SE]
Rio Puerco Watershed Act: Committee on Natural Resources (House)
(S. 1919) (H. Rept. 103-820) [3OC]
WATERS, MAXINE (a Representative from California)
Appointments
Conferee: H.R. 3474, Community Development, Credit Enhancement,
and Regulatory Improvement Act [21AP]
Bills and resolutions introduced by
International Women's Day: designate (see H.J. Res. 316) [2FE]
Public housing: encourage gainful employment among residents (see
H.R. 4159) [24MR]
WATERWAYS
related term(s) Harbors; Lakes; Water
Bills and resolutions
Alaska: regulate fishing in certain waters (see H.R. 4943) [11AU]
Coeur d'Alene Basin Management Conference: convene (see H.R. 4962)
[12AU]
Coeur d'Alene Basin Restoration Corp.: establish (see H.R. 4961)
[12AU]
Quinebaug and Shetucket Rivers Valley National Heritage Corridor:
establish (H.R. 1348), consideration of Senate amendment (see
H. Res. 575) [6OC]
Ships and vessels: certificates of documentation for certain
barges for employment in the coastwise and Great Lakes trade
with Canada (see H.R. 4633) [22JN]
Water: conservation and development of resources, and river and
harbor improvement projects (see H.R. 4886) [2AU]
Water pollution: establish a national estuary pollution prevention
demonstration program (see H.R. 4226) [14AP]
Messages
Great Egg Harbor River Report: President Clinton [3FE]
Maurice and Manumuskin River and Menantico Creek Report: President
Clinton [3FE]
Panama Canal Commission: President Clinton [12AP]
Reports filed
Conservation and Development of Resources, and River and Harbor
Improvement Projects: Committee on Public Works and
Transportation (House) (H.R. 4460) (H. Rept. 103-770) [30SE]
Consideration of Senate Amendment to H.R. 1348, Quinebaug and
Shetucket Rivers Valley National Heritage Corridor Act:
Committee on Rules (House) (H. Res. 575) (H. Rept. 103-846)
[6OC]
Panama Canal Operation and Maintenance Appropriations: Committee
on Merchant Marine and Fisheries (House) (H.R. 4246) (H. Rept.
103-526) [24MY]
WATLINGTON, ARTURO R., SR.
Bills and resolutions
Arturo R. Watlington, Sr., U.S. Post Office, Saint Thomas, VI:
designate (see H.R. 4192) [13AP]
WAVELAND, MS
Bills and resolutions
John Longo, Jr., Post Office: designate (see H.R. 3984) [9MR]
WAXMAN, HENRY A. (a Representative from California)
Appointments
Conferee: H.R. 1804, Goals 2000--Educate America Act [11MR]
------H.R. 2659, bone marrow and organ transplant programs [13AP]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------S. 636, Freedom of Access to Clinic Entrances Act [17MR]
------S. 1284, Developmental Disabilities Assistance and Bill of
Rights Act [16MR]
------S. 1569, Minority Health Improvement Act [23MY]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Diseases: research of Parkinson's disease and related disorders
(see H.R. 4789) [19JY]
Drugs: revise Government regulations on orphan drugs (see H.R.
4865) [1AU]
FDA: authorize collection of application fees for medical device
approval (see H.R. 4864) [1AU]
Federal Food, Drug, and Cosmetic Act: authorize device application
fee (see H.R. 4728) [12JY]
Health: studies and programs relative to traumatic brain injuries
(S. 725), corrections in engrossment of House amendment (see
H. Res. 534) [20SE]
Health care facilities: assistance for AIDS patients treatment
(see H.R. 5141) [30SE]
Pesticides: regulate chemical residues in food (see H.R. 4091)
[18MR]
------regulatory standards and food safety protections (see H.R.
4362) [5MY]
Pharmaceuticals: reauthorize and redefine the Orphan Drug Program
(see H.R. 4160) [24MR]
Public Health Service: revise and extend programs to improve the
health of individuals of minority groups (see H.R. 3804, 3869)
[3FE] [11FE]
Motions offered by
Hazardous substances: indoor air quality and radon abatement (S.
656) [3OC]
Public Health Service: improve health of disadvantaged individuals
(S. 1569) [23MY]
Reports by conference committees
Developmental Disabilities Assistance and Bill of Rights Act
Program Expansion (S. 1284) [21MR]
Minority Health Improvement Act (S. 1569) [6OC]
WEAPONS
related term(s) Biological Weapons; Chemical Weapons; Nuclear Weapons
Bills and resolutions
Crime: possession of stolen firearms or ammunition (see H.R. 4973)
[17AU]
Dept. of Defense: terminate C-17 aircraft program and use
nondevelopmental aircrafts to meet strategic airlift
requirements (see H.R. 4331) [3MY]
FBI: allow certain former agents to carry concealed firearms (see
H.R. 3971) [8MR]
Firearms: compensation for crime victims from persons who provide
firearms to disqualified individuals (see H.R. 5284) [7OC]
------establish system to ensure that only legally eligible
individuals may purchase firearms including modifying driver's
license identification and format (see H.R. 5232) [6OC]
------license application fees and suspension of license upon
violations (see H.R. 4763) [14JY]
------prohibit possession or discharge in public housing areas
(see H.R. 4237) [18AP]
------prohibit the sale of firearms or ammunition to an
intoxicated person (see H.R. 3852) [10FE]
------prohibit transfer or sale of assault weapons (H.R. 4296),
consideration (see H. Res. 416) [4MY]
------regulation and licensing of distribution (see H.R. 4591)
[16JN]
------tort liability for dealers who transfer firearms in
violation of Federal law (see H.R. 4001) [10MR]
Foreign trade: administration of export controls (see H.R. 3937)
[2MR]
------export control regime to stem proliferation of military and
strategic products and technology to countries that may
jeopardize international or U.S. national security (see H.
Res. 549) [27SE]
Goods for Guns Month: designate (see H.J. Res. 422) [30SE]
Individuals With Disabilities Education Act: treatment of disabled
children charged with firearms possession (see H.R. 4395)
[11MY]
Milstar II Communications Satellite Program: terminate (see H.R.
4283) [21AP]
Messages
Chemical and Biological Weapons: President Clinton [23MY]
National Emergency Relative to Angola: President Clinton [12AP]
Nuclear Non-Proliferation Act: President Clinton [17MY]
Reports filed
Consideration of H.R. 3937, Export Administration Act: Committee
on Rules (House) (H. Res. 474) (H. Rept. 103-596) [12JY]
Consideration of H.R. 4296, Prohibit Transfer or Sale of Assault
Weapons: Committee on Rules (House) (H. Res. 416) (H. Rept.
103-492) [4MY]
Export Administration Act: Committee on Armed Services (House)
(H.R. 3937) (H. Rept. 103-531) [17JN]
------Committee on Foreign Affairs (House) (H.R. 3937) (H. Rept.
103-531) [25MY]
------Committee on Intelligence (House, Select) (H.R. 3937) (H.
Rept. 103-531) [16JN]
------Committee on Ways and Means (House) (H.R. 3937) (H. Rept.
103-531) [17JN]
Prohibit Transfer or Sale of Assault Weapons: Committee on the
Judiciary (House) (H.R. 4296) (H. Rept. 103-489) [2MY]
WEATHER
Bills and resolutions
National Weather Service: study the health risks associated with
doppler radar installations (see H.R. 3850) [10FE]
[[Page 2836]]
Reports filed
Consideration of H.R. 4008, NOAA Appropriations: Committee on
Rules (House) (H. Res. 542) (H. Rept. 103-742) [23SE]
NOAA Appropriations: Committee on Science, Space, and Technology
(House) (H.R. 4008) (H. Rept. 103-583) [29JY]
WELDON, CURT (a Representative from Pennsylvania)
Appointments
Conferee: S. 1587, Federal Acquisition Streamlining Act [4AU]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Arson Awareness Week: designate (see H.J. Res. 328) [24FE]
Firearms: assistance for State and local programs exchanging
merchandise vouchers for firearms (see H.R. 3805) [3FE]
Radioactive substances: prohibit ocean dumping of low-level
nuclear waste (see H.R. 3982) [8MR]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
WELFARE
see Public Welfare Programs; Social Security
WEST GERMANY
see Germany, Federal Republic of
WESTWIND (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 4732) [12JY]
WETLANDS
Bills and resolutions
Agriculture: extend conservation reserve program and wetlands
reserve program (see H.R. 3894) [24FE]
Reports filed
Conservation and Management of Wetlands Appropriations: Committee
on Merchant Marine and Fisheries (House) (H.R. 4308) (H. Rept.
103-717) [12SE]
Exemption of Triple Base Acreage From Certain Highly Erodible Land
and Wetland Conservation Regulations: committee of conference
(H.R. 1587) (H. Rept. 103-712) [21AU]
WHEAT, ALAN (a Representative from Missouri)
Bills and resolutions introduced by
Families and domestic relations: placement of children for
adoption and foster care relative to race, color, or national
origin (see H.R. 4181) [12AP]
Insurance: coverage or benefits on preexisting medical conditions
(see H. Con. Res. 246) [5MY]
Interstate compacts: grant congressional consent to the Kansas and
Missouri Metropolitan Culture District Compact (see H.R. 4896)
[3AU]
Refuse disposal: application of certain requirements to out-of-
State solid waste generated and disposed of within the same
bi-State metropolitan statistical area (see H.R. 5288) [7OC]
Taxation: compliance with certain pension requirements (see H.R.
4534) [26MY]
William J. Randall Post Office, Independence, MO: designate (see
H.R. 4551) [8JN]
WHEELING, WV
Reports filed
Establish the Wheeling National Heritage Area: Committee on
Natural Resources (House) (H.R. 2843) (H. Rept. 103-471)
[12AP]
WHISTLE BLOWING
related term(s) Federal Employees
Bills and resolutions
Tobacco products: award Congressional Medal of Appreciation for
Public Spirit to person who made public concealed documents
relative to health hazards of smoking (see H.J. Res. 367)
[18MY]
WHITE, BYRON
Reports filed
Byron White U.S. Courthouse, Denver, CO: Committee on Public Works
and Transportation (House) (H.R. 3693) (H. Rept. 103-456)
[24MR]
WHITE, CANDACE
Bills and resolutions
Candace White U.S. Post Office, Middletown, NJ: designate (see
H.R. 4177) [12AP]
WHITE PLAINS, NY
Reports filed
Thurgood Marshall U.S. Courthouse, White Plains, NY: Committee on
Public Works and Transportation (House) (H.R. 4910) (H. Rept.
103-763) [29SE]
WHITTAKER, JOHNSON C.
Bills and resolutions
Army: issuance of posthumous commission to second lieutenant (see
H.R. 3921) [28FE]
WHITTEN, JAMIE L. (a Representative from Mississippi)
Appointments
Conferee: H.R. 4554, agriculture, rural development, FDA, and
related agencies programs appropriations [13SE]
Bills and resolutions introduced by
House of Representatives: inform the Senate of the assembly of a
quorum (see H. Res. 326) [25JA]
WILD AND SCENIC RIVERS ACT
Bills and resolutions
Rock Creek: study proposal to designate as component of the Wild
and Scenic Rivers System (see H.R. 5107) [26SE]
Messages
Great Egg Harbor River Report: President Clinton [3FE]
Maurice and Manumuskin River and Menantico Creek Report: President
Clinton [3FE]
Reports filed
Designate a Segment of the Payette River as a Component of the
Wild and Scenic Rivers System: Committee on Natural Resources
(House) (H.R. 233) (H. Rept. 103-804) [3OC]
Designate Lower Salmon River Segment as a Component of the Wild
and Scenic Rivers System: Committee on Natural Resources
(House) (H.R. 4083) (H. Rept. 103-788) [3OC]
Designating Segment of Farmington River as Component of Wild and
Scenic Rivers System: Committee on Natural Resources (House)
(H.R. 2815) (H. Rept. 103-430) [10MR]
Designating Segment of Rio Grande River as Component of Wild and
Scenic Rivers System: Committee on Natural Resources (House)
(S. 375) (H. Rept. 103-431) [10MR]
WILDERNESS AREAS
Appointments
Conferees: S. 21, California Desert Protection Act [4OC]
Bills and resolutions
Aircraft: landing in areas under special circumstances (see H.R.
4826) [25JY]
California: designate certain desert lands as wilderness (S. 21),
consideration of the conference report (see H. Res. 568) [5OC]
Idaho: designate certain lands as wilderness (see H.R. 3732)
[25JA]
Six Rivers National Forest: protection and management of Redwood
forest areas and addition of certain lands and waters (H.R.
2866), consideration (see H. Res. 536) [20SE]
Motions
California: designate certain desert lands as wilderness (H.R.
518) [27JY]
------designate certain desert lands as wilderness (S. 21) [27JY]
[4OC]
Reports by conference committees
California Desert Protection Act (S. 21) [4OC]
Reports filed
California Desert Protection Act: committee of conference (S. 21)
(H. Rept. 103-832) [4OC]
------Committee on Natural Resources (House) (H.R. 518) (H. Rept.
103-498) [10MY]
Consideration of Conference Report on S. 21, California Desert
Protection Act: Committee on Rules (H. Res. 568) (H. Rept.
103-839) [5OC]
Consideration of H.R. 518, California Desert Protection Act:
Committee on Rules (House) (H. Res. 422) (H. Rept. 103-503)
[11MY]
Consideration of H.R. 2866, Protection and Management of Redwood
Forest Areas and Addition of Certain Lands and Waters:
Committee on Rules (House) (H. Res. 536) (H. Rept. 103-732)
[20SE]
Headwaters Forest Act: Committee on Natural Resources (House)
(H.R. 2866) (H. Rept. 103-667) [4AU]
Resolution of Arizona Land Claims: Committee on Natural Resources
(House) (S. 1233) (H. Rept. 103-773) [3OC]
------Committee on the Judiciary (House) (S. 1233) (H. Rept. 103-
773) [3OC]
WILDLIFE
Bills and resolutions
Endangered species: conservation of threatened and endangered
species (see H.R. 3978) [8MR]
------economic impact analyses relative to certain protective
actions (see H.R. 3997) [10MR]
Reports filed
Fish, Wildlife, and Natural Resources Management on Military
Installations: Committee on Merchant Marine and Fisheries
(House) (H.R. 3300) (H. Rept. 103-718) [12SE]
Marine Mammal Protection Act Reauthorization: Committee on
Merchant Marine and Fisheries (House) (H.R. 2760) (H. Rept.
103-439) [21MR]
Monitor Effect of Foreign Trade Actions on the Environment:
Committee on Merchant Marine and Fisheries (House) (H.R. 4734)
(H. Rept. 103-760) [28SE]
Mount Pleasant National Scenic Area Designation: Committee on
Agriculture (House) (H.R. 2942) (H. Rept. 103-686) [8AU]
WILDLIFE REFUGES
Bills and resolutions
National Wildlife Refuge System: acquisition of land or waters
relative to revenue sharing payments (see H.R. 4827) [25JY]
WILLIAMS, PAT (a Representative from Montana)
Appointments
Conferee: H.R. 6, education programs appropriations [20SE]
------H.R. 820, National Competitiveness Act [19JY]
------H.R. 2739, Airport and Airway Improvement Act appropriations
[26JY]
------H.R. 2884, School-to-Work Opportunities Act [16MR]
------H.R. 3474, Community Development, Credit Enhancement, and
Regulatory Improvement Act [21AP]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Courts: criminal penalties for carrying a firearm during a crime
of violence (see H.R. 4110) [22MR]
Crow Indian Reservation: boundary resolution (see H.R. 5200) [6OC]
ERISA: availability of remedies for certain former pension plan
participants and beneficiaries (S. 1312), corrections in
enrollment (see H. Con. Res. 304) [3OC]
ICC: limit authority to overturn certain employee protection
agreements (see H.R. 5018) [21AU]
Major League Baseball: apply arbitration for strikes (see H.R.
5095) [23SE]
National Park Service: regulate scenic commercial overflights of
national parks (see H.R. 4163) [24MR]
Native Americans: land-grant status for certain Indian colleges
and institutions (see H.R. 4806) [20JY]
------ratification of a compact between the Assiniboine and Sioux
Indian Tribes of the Fort Peck Reservation, MT (see H.R. 5098)
[23SE]
Parks and recreation areas: rescind fees at lakes and reservoirs
under the jurisdiction of the Corps of Engineers (see H.R.
5019) [21AU]
Rock Creek: study proposal to designate as component of the Wild
and Scenic Rivers System (see H.R. 5107) [26SE]
Sports: safety for journeyman boxers (see H.R. 4900) [4AU]
Wildlife refuges: affirm tradition of hunting and wildlife refuges
(see H. Res. 529) [21AU]
WILSON, CHARLES (a Representative from Texas)
Appointments
Conferee: H.R. 4426, foreign operations, export financing, and
related programs appropriations [28JY]
------H.R. 4650, Dept. of Defense appropriations [13SE]
[[Page 2837]]
Conference of the Interparliamentary Union [12SE]
Bills and resolutions introduced by
FBI: use of volunteers for tours at training facilities and main
building (see H.R. 4942) [11AU]
Forest Service: distribution of timber sales receipts to counties
in Texas (see H.R. 5235) [6OC]
Texas: convey certain lands in the Sam Houston National Forest to
current occupant (see H.R. 5198) [5OC]
WISE, ROBERT E., JR. (a Representative from West Virginia)
Appointments
Conferee: S. 21, California Desert Protection Act [4OC]
Bills and resolutions introduced by
Budget: constitutional amendment to require balanced (see H.J.
Res. 336) [11MR]
Capital Budget Commission: establish (see H.R. 5159) [3OC]
Economic development: reauthorize programs (see H.R. 5243) [7OC]
Japan-U.S. Friendship Commission: broaden investment authority and
strengthen membership criteria (see H.R. 4594) [16JN]
Public works: establish demonstration program to assist distressed
communities in developing a competitive economic base (see
H.R. 5113) [27SE]
WOLF, FRANK R. (a Representative from Virginia)
Appointments
Conferee: H.R. 4539, Dept. of the Treasury, Postal Service,
Executive Office of the President, and independent agencies
appropriations [16AU]
------H.R. 4556, Dept. of Transportation and related agencies
appropriations [20SE]
Bills and resolutions introduced by
Manassas National Battlefield Park: termination of certain
easements (see H.R. 4435) [17MY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
Dept. of Transportation and related agencies: making
appropriations (H.R. 4556) [20SE]
WOLF GANG II (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 4443) [17MY]
WOMEN
Appointments
National Women's Business Council [25JA]
Bills and resolutions
Courts: protections for individuals changing their name to avoid
domestic violence (see H. Con. Res. 280) [11AU]
Diseases: authorize study of breast and prostate cancer (see H.R.
5257) [7OC]
Gold Star Mothers Day: designate (see H.J. Res. 346) [24MR]
Health: development and operation of women's health regional
centers to conduct research, training and education (see H.R.
5083) [22SE]
------establish offices of women's health within certain agencies
(see H.R. 3874) [22FE]
------inclusion of breast and cervical cancer screenings and
gynecological services in a national health care plan (see H.
Con. Res. 217) [8MR]
National Breast Cancer Awareness Month: designate (see H.J. Res.
311) [1FE]
Social Security: require nondiscrimination policies for State
hospitals and nursing facilities receiving funds (see H.R.
5104, 5105) [26SE]
Veterans: sexual trauma counseling programs (S. 1030), return to
Senate (see H. Res. 487) [21JY]
Reports filed
Administrative Review of Federal Employees Discrimination Claims:
Committee on Post Office and Civil Service (House) (H.R. 2721)
[19AU]
Employment Discrimination Claims Review: Committee on Education
and Labor (House) (H.R. 2721) (H. Rept. 103-599) [13JY]
Improve Administration of the Women's Rights National Historical
Park: Committee on Natural Resources (House) (H.R. 359) (H.
Rept. 103-814) [3OC]
Misused Science--The National Cancer Institute's Elimination of
Mammography Guidelines for Women in Their Forties: Committee
on Government Operations (House) (H. Rept. 103-863) [29NO]
Problems Facing Minority and Women-Owned Small Businesses:
Committee on Government Operations (House) (H. Rept. 103-870)
[29NO]
WOOLSEY, LYNN C. (a Representative from California)
Appointments
Conferee: H.R. 6, education programs appropriations [20SE]
------H.R. 1804, Goals 2000--Educate America Act [23FE] [11MR]
------S. 2000, Head Start, LIHEAP, Community Development Block
Grant Program, and Coordinated Services for Children, Youth,
and Families reauthorization [28AP]
Bills and resolutions introduced by
Children and youth: improve child support system (see H.R. 4051)
[16MR]
Crime: provide postage for information mailings of active
abduction investigations (see H.R. 3940) [2MR]
Public welfare programs: improve education and job training
programs and strengthen support services and case management
(see H.R. 4318) [28AP]
WORLD BANK
related term(s) International Monetary System
Bills and resolutions
Cuba: oppose admission as a member of international financial
institutions (see H.R. 5296) [29NO]
WORLD WAR II
related term(s) War
Bills and resolutions
D-Day Widows and Orphans National Recognition Day: designate (see
H.J. Res. 408) [12SE]
Exercise Tiger Day: designate (see H.J. Res. 305) [25JA]
Greece: slaughter of civilians in Kalavryta during World War II
(see H. Con. Res. 318) [29NO]
Leyte Landing Day: designate (see H.J. Res. 400) [10AU]
Smithsonian Institution: context and portrayal of the Armed Forces
in the National Air and Space Museum Enola Gay exhibit (see H.
Res. 531) [19SE]
Veterans: benefits for Philippine service in World War II (see
H.R. 4701) [30JN]
Wallenberg, Raoul: placement of a bust in the Capitol (see H. Con.
Res. 222) [11MR]
Reports filed
Aleutian and Pribilof Restitution Act Appropriations: Committee on
the Judiciary (House) (S. 1457) (H. Rept. 103-833) [4OC]
National Pearl Harbor Remembrance Day: Committee on Post Office
and Civil Service (House) (H.J. Res. 131) (H. Rept. 103-595)
[12JY]
WYDEN, RON (a Representative from Oregon)
Appointments
Conferee: H.R. 3474, Community Development, Credit Enhancement,
and Regulatory Improvement Act [21AP]
------S. 2060, amend Small Business Act [21SE]
Bills and resolutions introduced by
Employment: promote performance-based reward plans and employee
decisionmaking participation programs (see H.R. 5204) [6OC]
Foreign trade: negotiating objectives for future trade agreements
(see H.R. 4737) [13JY]
Health: quality safeguards for consumers of health care insurance,
products and services (see H.R. 4960) [12AU]
Health care professionals: consumer access to information
contained in the National Practitioner Data Bank (see H.R.
4274) [21AP]
Mental Illness Awareness Week: designate (see H.J. Res. 349)
[24MR]
NIH: establish a center for rare disease research (see H.R. 5173)
[4OC]
Oregon: restrictions on timber activities and human access in the
Bull Run and Little Sandy watersheds relative to protection as
a drinking water source (see H.R. 4063) [16MR]
Public housing: referendum among residents on banning or
restricting gun ownership (see H.R. 4062) [16MR]
Securities: unlisted trading privileges for corporate securities
(see H.R. 4535) [26MY]
Small business: improve export assistance (see H.R. 5203) [6OC]
Taxation: determination of capital assets based on an index of
gains and losses (see H.R. 5202) [6OC]
------treatment of nonrecognition of gain on the sale of small
businesses where the proceeds are reinvested in small business
stock (see H.R. 5201) [6OC]
WYNN, ALBERT RUSSELL (a Representative from Maryland)
Bills and resolutions introduced by
Employment: establish a minority graduate mentor program (see H.R.
4366) [5MY]
WYOMING
Bills and resolutions
Archaeology: provide for the study of certain prehistoric
resources (see H.R. 4871) [1AU]
Reports filed
Convey Certain Shoshone Federal Reclamation Project Lands to the
Big Horn County School District: Committee on Natural
Resources (House) (H.R. 2614) (H. Rept. 103-811) [3OC]
Targhee National Forest, ID, Exchange of National Forest System
Lands for Non-Federal Forest Lands in Wyoming: Committee on
Natural Resources (House) (H.R. 3554) (H. Rept. 103-809) [3OC]
YATES, SIDNEY R. (a Representative from Illinois)
Appointments
Conferee: H.R. 3759, making supplemental appropriations [10FE]
------H.R. 4426, foreign operations, export financing, and related
programs appropriations [28JY]
------H.R. 4602, Dept. of the Interior and related agencies
appropriations [13SE]
Bills and resolutions introduced by
Dept. of the Interior and related agencies: making appropriations
(see H.R. 4602) [17JN]
Reports by conference committees
Dept. of the Interior and Related Agencies Appropriations (H.R.
4602) [22SE]
Foreign Operations, Export Financing, and Related Programs
Appropriations (H.R. 4426) [1AU]
Reports filed
Dept. of the Interior and Related Agencies Appropriations:
committee of conference (H.R. 4602) (H. Rept. 103-740) [22SE]
------Committee on Appropriations (House) (H.R. 4602) (H. Rept.
103-551) [17JN]
YAVAPAI COUNTY, AZ
Reports filed
Yavapai-Prescott Indian Tribe Water Rights Settlement Act:
Committee on Natural Resources (House) (S. 1146) (H. Rept.
103-812) [3OC]
YAVAPAI-PRESCOTT INDIAN TRIBE WATER RIGHTS SETTLEMENT ACT
Reports filed
Provisions: Committee on Natural Resources (House) (S. 1146) (H.
Rept. 103-812) [3OC]
YEA-AND-NAY VOTES IN THE HOUSE
see Votes in House
YOUNG, C.W. BILL (a Representative from Florida)
Appointments
Committee for the Funeral of William H. Natcher [12AP]
Conferee: H.R. 4299, intelligence services appropriations [13SE]
------H.R. 4454, legislative branch of the Government
appropriations [28JN]
------H.R. 4606, Depts. of Labor, HHS, Education, and related
agencies appropriations [13SE]
------H.R. 4650, Dept. of Defense appropriations [13SE]
U.S. Air Force Academy Board of Visitors [21JN]
Bills and resolutions introduced by
Broken Promise (vessel): certificate of documentation (see H.R.
4845) [27JY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
Motions offered by
Legislative branch of the Government: making appropriations (H.R.
4454) [26MY] [28JN]
[[Page 2838]]
YOUNG, DON (a Representative from Alaska)
Appointments
Conferee: H.R. 322, Mineral Exploration and Development Act [17MY]
------H.R. 2333, Dept. of State, USIA, and related agencies
appropriations [18AP]
------H.R. 3355, Violent Crime Control and Law Enforcement Act
[17MY]
------S. 21, California Desert Protection Act [4OC]
------S. 2182, Dept. of Defense and Dept. of Energy defense
activities appropriations [25JY]
Bills and resolutions introduced by
Alaska: regulate fishing in certain waters (see H.R. 4943) [11AU]
Alaska Native Claims Settlement Act: repurchase plan of native
corporation stock (see H.R. 4665) [28JN]
Coast Guard: transfer certain property (see H.R. 4436) [17MY]
Gates of the Arctic National Park and Preserve: land exchange and
vehicle restrictions (see H.R. 4754) [13JY]
Marine Mammal Protection Act: extend certain provisions (see H.R.
4122, 4123) [23MR]
National U.S. Seafood Week: designate (see H.J. Res. 387) [12JY]
Native Americans: preserve the traditional lifeways in certain
Alaska Native villages (see H. Con. Res. 266) [14JY]
Postal Service: treatment of change-of-address orders received
from commercial mail receiving agencies (see H.R. 4762) [14JY]
Puerto Rico: plebiscite on political status (see H. Con. Res. 300)
[30SE]
Raven (vessel): certificate of documentation (see H.R. 4733)
[12JY]
Ships and vessels: charter or sale of U.S.-flagged fishing ships
to foreign citizens and limitations thereafter to operate in
U.S. fisheries or coastwise trade (see H.R. 4335) [3MY]
Territories: self-government relative to development of articles
of incorporation with the Federal Government (see H.R. 4442)
[17MY]
Westwind (vessel): certificate of documentation (see H.R. 4732)
[12JY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
YOUNGSTOWN, OH
Reports filed
Thomas D. Lambros Federal Building: Committee on Public Works and
Transportation (House) (H.R. 4727) (H. Rept. 103-638) [1AU]
YOUTH
see Children and Youth
YUGOSLAVIA, FEDERAL REPUBLIC OF
Messages
Continuation of Emergency With Respect to Yugoslavia: President
Clinton [25MY]
National Emergency With Respect to the Former Yugoslavia:
President Clinton [21JN]
ZELIFF, WILLIAM H., JR. (a Representative from New Hampshire)
Bills and resolutions introduced by
Budget: discretionary spending limits (H.R. 3266), consideration
(see H. Res. 404, 407) [12AP] [18AP]
CERCLA: amend relative to liability, State implementation, remedy
selection, and funding (see H.R. 4161) [24MR]
Employment: consolidation of Federal assistance programs (see H.R.
4861) [29JY]
Taxation: availability of the earned income tax credit and the
repeal of the temporary Federal unemployment tax (see H.R.
4861) [29JY]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
ZIMMER, DICK (a Representative from New Jersey)
Appointments
Committee for the Funeral of Dean A. Gallo [29NO]
Bills and resolutions introduced by
American Revolution: study of battlefields (see H.R. 4257) [19AP]
Appropriations: constitutional amendment on line-item veto (see
H.J. Res. 321) [9FE]
Crime: deny Federal benefits to persons convicted of fraudulent
representation of residency in more than one State (see H.R.
4883) [1AU]
Information services: require availability of LEGIS and TLS on the
Internet (see H. Res. 463) [23JN]
Lobbyists: prohibit former Members of Congress convicted of a
felony from lobbying in the legislative or executive branch of
Government (see H.R. 5174) [4OC]
------restrictions on former executive and legislative branch
officials (see H.R. 3941) [2MR]
Treaties and agreements: Presidential authority to engage in
certain activities to encourage congressional approval (see
H.R. 3916) [24FE]
U.S. Fish and Wildlife Service: feasibility study to establish a
national angler's license (see H.R. 4038) [15MR]
Motion offered to discharge committee
Budget: constitutional amendment to require balanced (H.J. Res.
103), consideration (H. Res. 331) [24FE]
[[Page 2839]]
.
APPENDIX TO INDEX
(The Appendix is provided as a source of quick reference with greater
detail of each day's proceedings than that available in the Index)
------------------------------------------
TUESDAY, JANUARY 25, 1994 (1)
Para. 1.1 RESIGNATION AS MEMBER OF HOUSE OF REPRESENTATIVES
Para. 1.2 CALL OF THE HOUSE
Para. 1.3 [ROLL NO. 1]--CALL OF THE HOUSE
Para. 1.4 COMMUNICATIONS
Para. 1.5 COMMUNICATION FROM THE CLERK--CERTIFICATE OF ELECTION
Para. 1.6 MEMBER-ELECT SWORN IN
Para. 1.7 COMMITTEE TO NOTIFY THE PRESIDENT--H. RES. 325
Para. 1.8 APPOINTMENT OF COMMITTEE TO NOTIFY THE PRESIDENT--APPOINTMENTS
Para. 1.9 CLERK TO NOTIFY SENATE OF A QUORUM--H. RES. 326
Para. 1.10 HOURS OF MEETING--H. RES. 327
Para. 1.11 THE HONORABLE THOMAS P. O'NEILL, JR.--H. RES. 328
Para. 1.12 REPORT OF COMMITTEE TO NOTIFY THE PRESIDENT
Para. 1.13 PROVIDING FOR JOINT SESSION--STATE OF THE UNION--H. CON. RES.
197
Para. 1.14 HOUR OF MEETING
Para. 1.15 ORDER OF BUSINESS--SUSPENSION OF THE RULES
Para. 1.16 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
Para. 1.17 ADJOURNMENT OF THE HOUSE--H. CON. RES. 198
Para. 1.18 ENROLLED BILLS AND JOINT RESOLUTIONS SIGNED
Para. 1.19 NATIONAL WOMEN'S BUSINESS COUNCIL
Para. 1.20 SUBPOENA
Para. 1.21 SUBPOENA
Para. 1.22 SUBPOENA
Para. 1.23 SUBPOENA
Para. 1.24 SUBPOENA
Para. 1.25 SUBPOENA
Para. 1.26 RECESS--4:10 P.M.
Para. 1.27 AFTER RECESS--8:40 P.M.
Para. 1.28 MESSAGE FROM THE SENATE
Para. 1.29 JOINT SESSION TO RECEIVE A MESSAGE FROM THE PRESIDENT
Para. 1.30 REFERENCE OF THE PRESIDENT'S MESSAGE
Para. 1.31 ADJOURNMENT
Para. 1.32 REPORTED BILL SEQUENTIALLY REFERRED
Para. 1.33 PUBLIC BILLS AND RESOLUTIONS
Para. 1.34 MEMORIALS
Para. 1.35 ADDITIONAL SPONSORS
Para. 1.36 PETITIONS
WEDNESDAY, JANUARY 26, 1994 (2)
Para. 2.1 APPROVAL OF THE JOURNAL
Para. 2.2 COMMUNICATIONS
Para. 2.3 MESSAGES FROM THE PRESIDENT--RECEIVED IN WRITING
Para. 2.4 HOLOCAUST REPARATIONS FOR HUGO PRINCZ--H. RES. 323
Para. 2.5 ORDER OF BUSINESS--SUSPENSION OF THE RULES--H.R. 2144
Para. 2.6 GUAM LAND TRANSFER--H.R. 2144
Para. 2.7 UNFINISHED BUSINESS--APPROVAL OF THE JOURNAL
Para. 2.8 [ROLL NO. 2]--ON APPROVAL OF THE JOURNAL
Para. 2.9 MESSAGE FROM THE PRESIDENT--BULGARIA IMMIGRATION
Para. 2.10 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
Para. 2.11 MESSAGE FROM THE PRESIDENT--US-GREECE SOCIAL SECURITY
AGREEMENT
Para. 2.12 ADJOURNMENT
Para. 2.13 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
[[Page 2840]]
Para. 2.14 PUBLIC BILLS AND RESOLUTIONS
Para. 2.15 PRIVATE BILLS AND RESOLUTIONS
Para. 2.16 ADDITIONAL SPONSORS
TUESDAY, FEBRUARY 1, 1994 (3)
Para. 3.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 3.2 APPROVAL OF THE JOURNAL
Para. 3.3 COMMUNICATIONS
Para. 3.4 MESSAGE FROM THE SENATE
Para. 3.5 MESSAGE FROM THE PRESIDENT--RECEIVED IN WRITING
Para. 3.6 MESSAGE FROM THE PRESIDENT--STATE OF SMALL BUSINESS
Para. 3.7 RECESS--1:54 P.M.
Para. 3.8 AFTER RECESS--6:20 P.M.
Para. 3.9 PERMISSION TO FILE REPORT
Para. 3.10 SUBPOENA
Para. 3.11 SUBPOENA
Para. 3.12 SUBPOENA
Para. 3.13 SENATE BILLS REFERRED
Para. 3.14 LEAVE OF ABSENCE
Para. 3.15 ADJOURNMENT
Para. 3.16 OATH OF OFFICE/RESIDENT COMMISSIONERS AND DELEGATES
Para. 3.17 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 3.18 PUBLIC BILLS AND RESOLUTIONS
Para. 3.19 PRIVATE BILLS AND RESOLUTIONS
Para. 3.20 ADDITIONAL SPONSORS
Para. 3.21 DELETIONS
WEDNESDAY, FEBRUARY 2, 1994 (4)
Para. 4.1 APPROVAL OF THE JOURNAL
Para. 4.2 [ROLL NO. 3]--ON APPROVAL OF THE JOURNAL
Para. 4.3 COMMUNICATIONS
Para. 4.4 MESSAGE FROM THE PRESIDENT--RECEIVED IN WRITING
Para. 4.5 PROVIDING FOR THE CONSIDERATION OF H.R. 3425--H. RES. 312
Para. 4.6 [ROLL NO. 4]--ON AGREEING TO H. RES. 312
Para. 4.7 HOUR OF MEETING
Para. 4.8 COMMITTEE ELECTION--MINORITY--H. RES. 335
Para. 4.9 SUBPOENA
Para. 4.10 MESSAGE FROM THE PRESIDENT--FEDERAL RAILROAD SAFETY
Para. 4.11 RECESS--7:07 P.M.
Para. 4.12 AFTER RECESS--8:55 P.M.
Para. 4.13 PROVIDING FOR THE CONSIDERATION OF H.R. 3759--H. RES. 336
Para. 4.14 LEAVE OF ABSENCE
Para. 4.15 ADJOURNMENT
Para. 4.16 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 4.17 PUBLIC BILLS AND RESOLUTIONS
Para. 4.18 ADDITIONAL SPONSORS
Para. 4.19 DELETIONS
THURSDAY, FEBRUARY 3, 1994 (5)
Para. 5.1 APPROVAL OF THE JOURNAL
Para. 5.2 COMMUNICATIONS
Para. 5.3 MESSAGE FROM THE SENATE
Para. 5.4 UNFINISHED BUSINESS--APPROVAL OF THE JOURNAL
Para. 5.5 [ROLL NO. 5]--ON APPROVAL OF THE JOURNAL
Para. 5.6 MESSAGES FROM THE PRESIDENT--RECEIVED IN WRITING
Para. 5.7 PROVIDING FOR THE CONSIDERATION OF H.R. 3759--H. RES. 336
Para. 5.8 [ROLL NO. 6]--ON ORDERING THE PREVIOUS QUESTION
Para. 5.9 [ROLL NO. 7]--ON AGREEING TO H. RES. 336
[[Page 2841]]
Para. 5.10 ORDER OF BUSINESS--CONSIDERATION OF AMENDMENT--H.R. 3759
Para. 5.11 EMERGENCY SUPPLEMENTAL APPROPRIATIONS-FY 1994--H.R. 3759
Para. 5.12 RECORDED VOTE--AMENDMENT SUBMITTED BY MR. FRANK
Para. 5.13 [ROLL NO. 8]--ON AGREEING TO THE AMENDMENT
Para. 5.14 ORDER OF BUSINESS--CONSIDERATION OF AMENDMENTS--H.R. 3759
Para. 5.15 EMERGENCY SUPPLEMENTAL APPROPRIATIONS-FY 1994--H.R. 3759
Para. 5.16 RECORDED VOTE--AMENDMENT SUBMITTED BY MR. MYERS
Para. 5.17 [ROLL NO. 9]--ON AGREEING TO THE AMENDMENT
Para. 5.18 RECORDED VOTE--AMENDMENT SUBMITTED BY MR. NUSSLE
Para. 5.19 [ROLL NO. 10]--ON AGREEING TO THE AMENDMENT
Para. 5.20 RECORDED VOTE--AMENDMENT SUBMITTED BY MR. FAZIO
Para. 5.21 [ROLL NO. 11]--ON AGREEING TO THE AMENDMENT
Para. 5.22 [ROLL NO. 12]--ON MOTION TO RECOMMIT WITH INSTRUCTIONS
Para. 5.23 [ROLL NO. 13]--ON PASSAGE OF H.R. 3759
Para. 5.24 ADJOURNMENT OVER
Para. 5.25 HOUR OF MEETING
Para. 5.26 HOUR OF MEETING
Para. 5.27 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
Para. 5.28 MESSAGE FROM THE PRESIDENT--GREAT EGG HARBOR STUDY
Para. 5.29 MESSAGE FROM THE PRESIDENT--MAURICE RIVER
Para. 5.30 DIRECTOR OF NON-LEGISLATIVE AND FINANCIAL SERVICES
Para. 5.31 SENATE BILLS REFERRED
Para. 5.32 ENROLLED BILLS SIGNED
Para. 5.33 LEAVE OF ABSENCE
Para. 5.34 ADJOURNMENT
Para. 5.35 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 5.36 PUBLIC BILLS AND RESOLUTIONS
Para. 5.37 PRIVATE BILLS AND RESOLUTIONS
Para. 5.38 ADDITIONAL SPONSORS
MONDAY, FEBRUARY 7, 1994 (6)
Para. 6.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 6.2 APPROVAL OF THE JOURNAL
Para. 6.3 COMMUNICATIONS
Para. 6.4 MESSAGES FROM THE PRESIDENT--RECEIVED IN WRITING
Para. 6.5 MESSAGE FROM THE PRESIDENT--BUDGET FY 95
Para. 6.6 MESSAGE FROM THE PRESIDENT--IMPOUNDMENT CONTROL
Para. 6.7 ADJOURNMENT
Para. 6.8 PUBLIC BILLS AND RESOLUTIONS
Para. 6.9 MEMORIALS
Para. 6.10 ADDITIONAL SPONSORS
TUESDAY, FEBRUARY 8, 1994 (7)
Para. 7.1 APPROVAL OF THE JOURNAL
Para. 7.2 COMMUNICATIONS
Para. 7.3 MESSAGE FROM THE SENATE
Para. 7.4 ADVISERS FOR U.S. TRADE AGREEMENTS--APPOINTMENTS
Para. 7.5 ENVIRONMENTAL RESTORATION AT MILITARY BASES--APPOINTMENT
Para. 7.6 TECHNOLOGY-RELATED ASSISTANCE FOR THE DISABLED--H. RES. 351
Para. 7.7 IRISH-AMERICAN HERITAGE MONTH--S. J. RES. 119
Para. 7.8 RECESS--3:16 P.M.
Para. 7.9 AFTER RECESS--4:02 P.M.
Para. 7.10 UNFINISHED BUSINESS--APPROVAL OF THE JOURNAL
Para. 7.11 [ROLL NO. 14]--ON APPROVAL OF THE JOURNAL
Para. 7.12 PROVIDING FOR THE CONSIDERATION OF H.R. 811--H. RES. 352
Para. 7.13 SUBPOENA
Para. 7.14 LEAVE OF ABSENCE
Para. 7.15 ADJOURNMENT
[[Page 2842]]
Para. 7.16 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 7.17 PUBLIC BILLS AND RESOLUTIONS
Para. 7.18 ADDITIONAL SPONSORS
WEDNESDAY, FEBRUARY 9, 1994 (8)
Para. 8.1 APPROVAL OF THE JOURNAL
Para. 8.2 [ROLL NO. 15]--ON APPROVAL OF THE JOURNAL
Para. 8.3 COMMUNICATION
Para. 8.4 MESSAGE FROM THE PRESIDENT--RECEIVED IN WRITING
Para. 8.5 PROVIDING FOR THE CONSIDERATION OF H.R. 811--H. RES. 352
Para. 8.6 [ROLL NO. 16]--ON ORDERING THE PREVIOUS QUESTION
Para. 8.7 [ROLL NO. 17]--ON AGREEING TO H. RES. 352
Para. 8.8 MESSAGE FROM THE PRESIDENT--SCIENCE AND ENGINEERING INDICATORS
Para. 8.9 INDEPENDENT COUNSEL REAUTHORIZATION--H.R. 811
Para. 8.10 ORDER OF BUSINESS--CONSIDERATION OF H. RES. 343
Para. 8.11 HOUR OF MEETING
Para. 8.12 WAIVER OF RULES REQUIREMENT--H. RES. 356
Para. 8.13 PROVIDING FOR THE CONSIDERATION OF H.R. 3345--H. RES. 357
Para. 8.14 BILLS PRESENTED TO THE PRESIDENT
Para. 8.15 LEAVE OF ABSENCE
Para. 8.16 ADJOURNMENT
Para. 8.17 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 8.18 PUBLIC BILLS AND RESOLUTIONS
Para. 8.19 PRIVATE BILLS AND RESOLUTIONS
Para. 8.20 ADDITIONAL SPONSORS
Para. 8.21 DELETIONS
THURSDAY, FEBRUARY 10, 1994 (9)
Para. 9.1 APPROVAL OF THE JOURNAL
Para. 9.2 COMMUNICATIONS
Para. 9.3 MESSAGE FROM THE SENATE
Para. 9.4 ORDER OF BUSINESS--OBSERVANCE OF GEORGE WASHINGTON'S BIRTHDAY
Para. 9.5 OBSERVANCE OF GEORGE WASHINGTON'S BIRTHDAY--APPOINTMENTS
Para. 9.6 RECESS--10:55 A.M.
Para. 9.7 AFTER RECESS--11 A.M.
Para. 9.8 INDEPENDENT COUNSEL REAUTHORIZATION--H.R. 811
Para. 9.9 RECORDED VOTE--AMENDMENT SUBMITTED BY MR. RAMSTAD
Para. 9.10 [ROLL NO. 18]--ON AGREEING TO THE AMENDMENT
Para. 9.11 RECORDED VOTE--SUBSTITUTE AMENDMENT BY MR. BRYANT FOR
AMENDMENT BY MR. GEKAS
Para. 9.12 [ROLL NO. 19]--ON AGREEING TO SUBSTITUTE AMENDMENT FOR THE
AMENDMENT
Para. 9.13 RECORDED VOTE--ON FOREGOING AMENDMENT BY MR. GEKAS, AS
AMENDED
Para. 9.14 [ROLL NO. 20]--ON AGREEING TO THE AMENDMENT, AS AMENDED
Para. 9.15 RECORDED VOTE--AMENDMENT IN THE NATURE OF A SUBSTITUTE BY MR.
HYDE
Para. 9.16 [ROLL NO. 21]--ON THE AMENDMENT IN THE NATURE OF A SUBSTITUTE
Para. 9.17 [ROLL NO. 22]--ON MOTION TO RECOMMIT WITH INSTRUCTIONS
Para. 9.18 [ROLL NO. 23]--ON PASSAGE OF H.R. 811
Para. 9.19 PROVIDING FOR THE CONSIDERATION OF H.R. 3345--H. RES. 357
Para. 9.20 FEDERAL WORKFORCE RESTRUCTURING--H.R. 3345
Para. 9.21 RECORDED VOTE--AMENDMENT SUBMITTED BY MR. PENNY
Para. 9.22 [ROLL NO. 24]--ON AGREEING TO THE AMENDMENT
Para. 9.23 [ROLL NO. 25]--ON PASSAGE OF H.R. 3345
Para. 9.24 ORDER OF BUSINESS--CONFERENCE ON H.R. 3759
Para. 9.25 MESSAGE FROM THE PRESIDENT--RECEIVED IN WRITING
Para. 9.26 MOTION TO INSTRUCT CONFEREES--H.R. 3759
Para. 9.27 [ROLL NO. 26]--ON AGREEING TO MOTION TO INSTRUCT CONFEREES
Para. 9.28 APPOINTMENT OF CONFEREES--H.R. 3759
Para. 9.29 ADJOURNMENT OF THE TWO HOUSES--H. CON. RES. 206
Para. 9.30 HOUR OF MEETING
[[Page 2843]]
Para. 9.31 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
Para. 9.32 SPEAKER AND MINORITY LEADER TO ACCEPT RESIGNATIONS, APPOINT
COMMISSIONS
Para. 9.33 MESSAGE FROM THE PRESIDENT--NATIONAL EMERGENCY WITH RESPECT
TO LIBYA
Para. 9.34 SUBPOENA
Para. 9.35 SENATE ENROLLED BILL SIGNED
Para. 9.36 LEAVE OF ABSENCE
Para. 9.37 ADJOURNMENT
Para. 9.38 REPORTED BILL SEQUENTIALLY REFERRED
Para. 9.39 PUBLIC BILLS AND RESOLUTIONS
Para. 9.40 PRIVATE BILLS AND RESOLUTIONS
Para. 9.41 ADDITIONAL SPONSORS
Para. 9.42 DELETIONS
FRIDAY, FEBRUARY 11, 1994 (10)
Para. 10.1 APPROVAL OF THE JOURNAL
Para. 10.2 COMMUNICATIONS
Para. 10.3 MESSAGE FROM THE SENATE
Para. 10.4 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE SENATE
Para. 10.5 ORDER OF BUSINESS--CONSIDERATION OF THE CONFERENCE REPORT ON
H.R. 3759
Para. 10.6 NOTICE REQUIREMENT--CONSIDERATION OF RESOLUTIONS--QUESTION OF
PRIVILEGES
Para. 10.7 RECESS--2:45 P.M.
Para. 10.8 AFTER RECESS--6:11 P.M.
Para. 10.9 FURTHER MESSAGE FROM THE SENATE
Para. 10.10 SUBMISSION OF CONFERENCE REPORT--H.R. 3759
Para. 10.11 EMERGENCY SUPPLEMENTAL APPROPRIATIONS FY-1994--CONFERENCE
REPORT ON H.R. 3759
Para. 10.12 [ROLL NO. 27]--ON AGREEING TO THE CONFERENCE REPORT
Para. 10.13 PERMISSION TO FILE REPORT
Para. 10.14 QUESTION OF ORDER OF THE HOUSE
Para. 10.15 LEAVE OF ABSENCE
Para. 10.16 ADJOURNMENT
Para. 10.17 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 10.18 PUBLIC BILLS AND RESOLUTIONS
Para. 10.19 MEMORIALS
Para. 10.20 ADDITIONAL SPONSORS
Para. 10.21 DELETIONS
TUESDAY, FEBRUARY 22, 1994 (11)
Para. 11.1 APPROVAL OF THE JOURNAL
Para. 11.2 COMMUNICATIONS
Para. 11.3 MESSAGE FROM THE SENATE
Para. 11.4 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE SENATE
Para. 11.5 ENROLLED BILL SIGNED
Para. 11.6 ORDER OF BUSINESS--CONSIDERATION OF H. RES. 343
Para. 11.7 HOUR OF MEETING
Para. 11.8 MESSAGES FROM THE PRESIDENT--RECEIVED IN WRITING
Para. 11.9 SAFE SCHOOLS--H.R. 2455
Para. 11.10 U.S. INVOLVEMENT IN THE SOUTH PACIFIC--H. CON. RES. 180
Para. 11.11 MESSAGE FROM THE PRESIDENT--ALASKA'S MINERAL RESOURCES
Para. 11.12 MESSAGE FROM THE PRESIDENT--RADIATION CONTROL
Para. 11.13 BILL PRESENTED TO THE PRESIDENT
Para. 11.14 ADJOURNMENT
Para. 11.15 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 11.16 PUBLIC BILLS AND RESOLUTIONS
Para. 11.17 ADDITIONAL SPONSORS
WEDNESDAY, FEBRUARY 23, 1994 (12)
Para. 12.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 12.2 APPROVAL OF THE JOURNAL
[[Page 2844]]
Para. 12.3 [ROLL NO. 28]--ON AGREEING TO THE APPROVAL OF THE JOURNAL
Para. 12.4 COMMUNICATIONS
Para. 12.5 ORDER OF BUSINESS--CONSIDERATION OF RESOLUTION--QUESTION OF
PRIVILEGES--H. RES. 238
Para. 12.6 KHALID MUHAMMAD SPEECH--H. RES. 343
Para. 12.7 [ROLL NO. 29]--ON AGREEING TO H. RES. 343
Para. 12.8 CLERK TO CORRECT ENGROSSMENT
Para. 12.9 GOALS 2000: EDUCATE AMERICA--H.R. 1804
Para. 12.10 MOTION TO INSTRUCT CONFEREES--H.R. 1804
Para. 12.11 [ROLL NO. 30]--ON AGREEING TO THE MOTION TO INSTRUCT
CONFEREES
Para. 12.12 APPOINTMENT OF CONFEREES--H.R. 1804
Para. 12.13 HOUR OF MEETING
Para. 12.14 PROVIDING FOR THE CONSIDERATION OF H.R. 6--H. RES. 366
Para. 12.15 SUBPOENA
Para. 12.16 SUBPOENA
Para. 12.17 SUBPOENA
Para. 12.18 COMMUNICATION FROM THE PRESIDENT--ECONOMIC REPORT
Para. 12.19 ENROLLED BILLS SIGNED
Para. 12.20 LEAVE OF ABSENCE
Para. 12.21 ADJOURNMENT
Para. 12.22 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 12.23 PUBLIC BILLS AND RESOLUTIONS
Para. 12.24 MEMORIALS
Para. 12.25 PRIVATE BILLS AND RESOLUTIONS
Para. 12.26 ADDITIONAL SPONSORS
Para. 12.27 PETITIONS
THURSDAY, FEBRUARY 24, 1994 (13)
Para. 13.1 APPROVAL OF THE JOURNAL
Para. 13.2 COMMUNICATIONS
Para. 13.3 PROVIDING FOR THE CONSIDERATION OF H.R. 6--H. RES. 366
Para. 13.4 AMERICA'S SCHOOLS--H.R. 6
Para. 13.5 RECORDED VOTE--AMENDMENT SUBMITTED BY MR. FORD OF MICHIGAN
Para. 13.6 [ROLL NO. 31]--ON AGREEING TO THE AMENDMENT
Para. 13.7 RECORDED VOTE--AMENDMENTS EN BLOC, AS MODIFIED, BY MR. ARMEY
Para. 13.8 [ROLL NO. 32]--ON AGREEING TO THE AMENDMENTS EN BLOC, AS
MODIFIED
Para. 13.9 RECORDED VOTE--AMENDMENTS EN BLOC, AS MODIFIED, BY MR. KILDEE
Para. 13.10 [ROLL NO. 33]--ON AGREEING TO THE AMENDMENTS EN BLOC, AS
MODIFIED
Para. 13.11 ADJOURNMENT OVER
Para. 13.12 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
Para. 13.13 MOTION TO DISCHARGE COMMITTEE
Para. 13.14 ADJOURNMENT
Para. 13.15 PUBLIC BILLS AND RESOLUTIONS
Para. 13.16 MEMORIALS
Para. 13.17 PRIVATE BILLS AND RESOLUTIONS
Para. 13.18 ADDITIONAL SPONSORS
Para. 13.19 PETITIONS
MONDAY, FEBRUARY 28, 1994 (14)
Para. 14.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 14.2 APPROVAL OF THE JOURNAL
Para. 14.3 COMMUNICATIONS
Para. 14.4 MESSAGE FROM THE SENATE
Para. 14.5 BILLS PRESENTED TO THE PRESIDENT
Para. 14.6 ADJOURNMENT
Para. 14.7 SUBSEQUENT ACTION ON REPORTED BILLS SEQUENTIALLY REFERRED
Para. 14.8 PUBLIC BILLS AND RESOLUTIONS
Para. 14.9 PRIVATE BILLS AND RESOLUTIONS
Para. 14.10 ADDITIONAL SPONSORS
[[Page 2845]]
TUESDAY, MARCH 1, 1994 (15)
Para. 15.1 RECESS--10:37 A.M.
Para. 15.2 AFTER RECESS--12:00 NOON
Para. 15.3 APPROVAL OF THE JOURNAL
Para. 15.4 COMMUNICATIONS
Para. 15.5 NOTICE REQUIREMENT--CONSIDERATION OF RESOLUTION--QUESTION OF
PRIVILEGES--H. RES. 238
Para. 15.6 LEAVE OF ABSENCE
Para. 15.7 ADJOURNMENT
Para. 15.8 PUBLIC BILLS AND RESOLUTIONS
Para. 15.9 ADDITIONAL SPONSORS
WEDNESDAY, MARCH 2, 1994 (16)
Para. 16.1 APPROVAL OF THE JOURNAL
Para. 16.2 [ROLL NO. 34]--ON APPROVAL OF THE JOURNAL
Para. 16.3 COMMUNICATIONS
Para. 16.4 JOINT REFERRAL--EXECUTIVE COMMUNICATION
Para. 16.5 SEISMIC RETROFIT OF BRIDGES--S. 1789
Para. 16.6 AMERICA'S SCHOOLS--H.R. 6
Para. 16.7 RECORDED VOTE--AMENDMENT SUBMITTED BY MR. ROMERO-BARCELO
Para. 16.8 [ROLL NO. 35]--ON AGREEING TO THE AMENDMENT
Para. 16.9 PROVIDING FOR CONFERENCE ON S. 636--H. RES. 374
Para. 16.10 PRIVILEGES OF THE HOUSE--HOUSE OF REPRESENTATIVES POST
OFFICE--H. RES. 375
Para. 16.11 [ROLL NO. 36]--ON AGREEING TO H. RES. 375
Para. 16.12 MESSAGES FROM THE PRESIDENT
Para. 16.13 PRIVILEGES OF THE HOUSE--H. RES. 238
Para. 16.14 [ROLL NO. 37]--ON AGREEING TO THE MOTION TO LAY THE
RESOLUTION ON THE TABLE
Para. 16.15 SUBPOENA
Para. 16.16 SUBPOENA
Para. 16.17 MESSAGE FROM THE PRESIDENT--DOT ANNUAL REPORT 1992
Para. 16.18 MESSAGE FROM THE PRESIDENT--INTERAGENCY ARTIC RESEARCH
Para. 16.19 LEAVE OF ABSENCE
Para. 16.20 ADJOURNMENT
Para. 16.21 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 16.22 PUBLIC BILLS AND RESOLUTIONS
Para. 16.23 MEMORIALS
Para. 16.24 PRIVATE BILLS AND RESOLUTIONS
Para. 16.25 ADDITIONAL SPONSORS
Para. 16.26 DELETIONS
THURSDAY, MARCH 3, 1994 (17)
Para. 17.1 APPROVAL OF THE JOURNAL
Para. 17.2 [ROLL NO. 38]--ON APPROVAL OF THE JOURNAL
Para. 17.3 COMMUNICATIONS
Para. 17.4 MESSAGE FROM THE SENATE
Para. 17.5 MESSAGE FROM THE PRESIDENT
Para. 17.6 MESSAGE FROM THE PRESIDENT--NATIONAL EMERGENCY WITH RESPECT
TO IRAQ
Para. 17.7 AMERICA'S SCHOOLS--H.R. 6
Para. 17.8 RECORDED VOTE--AMENDMENT SUBMITTED BY MR. ROMERO-BARCELO
Para. 17.9 [ROLL NO. 39]--ON AGREEING TO THE AMENDMENT
Para. 17.10 RECORDED VOTE--AMENDMENT SUBMITTED BY MR. BOEHNER
Para. 17.11 [ROLL NO. 40]--ON AGREEING THE AMENDMENT
Para. 17.12 RECORDED VOTE--AMENDMENT SUBMITTED BY MR. ROHRABACHER
Para. 17.13 [ROLL NO. 41]--ON AGREEING TO THE AMENDMENT
Para. 17.14 MESSAGE FROM THE PRESIDENT
Para. 17.15 ADJOURNMENT OVER
Para. 17.16 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
Para. 17.17 MESSAGE FROM THE PRESIDENT--UKRAINE GSP
Para. 17.18 SENATE ENROLLED BILL SIGNED
Para. 17.19 LEAVE OF ABSENCE
[[Page 2846]]
Para. 17.20 ADJOURNMENT
Para. 17.21 PUBLIC BILLS AND RESOLUTIONS
Para. 17.22 ADDITIONAL SPONSORS
MONDAY, MARCH 7, 1994 (18)
Para. 18.1 APPROVAL OF THE JOURNAL
Para. 18.2 COMMUNICATIONS
Para. 18.3 GLASS CEILING COMMISSION--APPOINTMENT
Para. 18.4 LEAVE OF ABSENCE
Para. 18.5 ADJOURNMENT
Para. 18.6 PUBLIC BILLS AND RESOLUTIONS
Para. 18.7 MEMORIALS
Para. 18.8 ADDITIONAL SPONSORS
TUESDAY, MARCH 8, 1994 (19)
Para. 19.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 19.2 MESSAGES FROM THE PRESIDENT
Para. 19.3 RECESS--11:23 A.M.
Para. 19.4 AFTER RECESS--12:00 NOON
Para. 19.5 APPROVAL OF THE JOURNAL
Para. 19.6 COMMUNICATIONS
Para. 19.7 FEDERAL WORKFORCE RESTRUCTURING--H. RES. 380
Para. 19.8 MESSAGE FROM THE PRESIDENT--1994 TRADE POLICY
Para. 19.9 MESSAGE FROM THE PRESIDENT--CORPORATION FOR PUBLIC
BROADCASTING
Para. 19.10 RECESS--12:43 P.M.
Para. 19.11 AFTER RECESS--5:03 P.M.
Para. 19.12 UNFINISHED BUSINESS--APPROVAL OF THE JOURNAL
Para. 19.13 [ROLL NO. 42]--ON APPROVAL OF THE JOURNAL
Para. 19.14 HOUR OF MEETING
Para. 19.15 PERMISSION TO FILE REPORT
Para. 19.16 ADJOURNMENT
Para. 19.17 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 19.18 PUBLIC BILLS AND RESOLUTIONS
Para. 19.19 MEMORIALS
Para. 19.20 PRIVATE BILLS AND RESOLUTIONS
Para. 19.21 ADDITIONAL SPONSORS
WEDNESDAY, MARCH 9, 1994 (20)
Para. 20.1 APPROVAL OF THE JOURNAL
Para. 20.2 COMMUNICATIONS
Para. 20.3 MESSAGE FROM THE SENATE
Para. 20.4 AMERICA'S SCHOOLS--H.R. 6
Para. 20.5 RECORDED VOTE--AMENDMENT SUBMITTED BY MR. BOEHNER
Para. 20.6 [ROLL NO. 43]--ON AGREEING TO THE AMENDMENT
Para. 20.7 RECORDED VOTE--AMENDMENT SUBMITTED BY MR. BOEHNER
Para. 20.8 [ROLL NO. 44]--ON AGREEING TO THE AMENDMENT
Para. 20.9 MESSAGE FROM THE PRESIDENT
Para. 20.10 RECORDED VOTE--AMENDMENT BY MR. KILDEE TO SUBSTITUTE
AMENDMENT BY MR. OWENS TO AMENDMENT BY MR. BARRETT OF NEBRASKA
Para. 20.11 [ROLL NO. 45]ON AGREEING TO THE AMENDMENT TO THE SUBSTITUTE
AMENDMENT
Para. 20.12 RECORDED VOTE--SUBSTITUTE AMENDMENT BY MR. OWENS, AS
AMENDED, FOR THE AMENDMENT BY MR. BARRETT OF NEBRASKA
Para. 20.13 [ROLL NO. 46]--ON AGREEING TO THE SUBSTITUTE AMENDMENT, AS
AMENDED
Para. 20.14 RECORDED VOTE--AMENDMENT BY MR. BARRETT OF NEBRASKA
Para. 20.15 [ROLL NO. 47]--ON AGREEING TO THE AMENDMENT
Para. 20.16 CALL IN COMMITTEE
Para. 20.17 [ROLL NO. 48]--CALL IN COMMITTEE
Para. 20.18 RECORDED VOTE--AMENDMENT BY MR. DURBIN
[[Page 2847]]
Para. 20.19 [ROLL NO. 49]--ON AGREEING TO THE AMENDMENT
Para. 20.20 PERMISSION TO FILE REPORT
Para. 20.21 HOUR OF MEETING
Para. 20.22 TOY SAFETY--H.R. 965
Para. 20.23 SUBPOENA
Para. 20.24 MESSAGE FROM THE PRESIDENT--EUROPEAN UNION NUCLEAR
COOPERATION
Para. 20.25 SENATE BILL REFERRED
Para. 20.26 LEAVE OF ABSENCE
Para. 20.27 ADJOURNMENT
Para. 20.28 PUBLIC BILLS AND RESOLUTIONS
Para. 20.29 MEMORIALS
Para. 20.30 ADDITIONAL SPONSORS
Para. 20.31 PETITIONS
THURSDAY, MARCH 10, 1994 (21)
Para. 21.1 APPROVAL OF THE JOURNAL
Para. 21.2 COMMUNICATIONS
Para. 21.3 MESSAGE FROM THE SENATE
Para. 21.4 PROVIDING FOR THE CONSIDERATION OF H. CON. RES. 218--H. RES.
384
Para. 21.5 [ROLL NO. 50]--ON AGREEING TO H. RES. 384
Para. 21.6 HOUR OF MEETING
Para. 21.7 CONGRESSIONAL BUDGET FOR U.S., FY 1995--H. CON. RES. 218
Para. 21.8 RECORDED VOTE--AMENDMENT IN THE NATURE OF A SUBSTITUTE BY MR.
FRANK
Para. 21.9 [ROLL NO. 51]--ON AGREEING TO THE SUBSTITUTE AMENDMENT
Para. 21.10 RECORDED VOTE--AMENDMENT IN THE NATURE OF A SUBSTITUTE, AS
MODIFIED, BY MR. SOLOMON
Para. 21.11 [ROLL NO. 52]--ON AGREEING TO THE AMENDMENT IN THE NATURE OF
A SUBSTITUTE, AS MODIFIED
Para. 21.12 SUBPOENA
Para. 21.13 SUBPOENA
Para. 21.14 SENATE BILL REFERRED
Para. 21.15 LEAVE OF ABSENCE
Para. 21.16 ADJOURNMENT
Para. 21.17 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 21.18 PUBLIC BILLS AND RESOLUTIONS
Para. 21.19 PRIVATE BILLS AND RESOLUTIONS
Para. 21.20 ADDITIONAL SPONSORS
Para. 21.21 DELETIONS
FRIDAY, MARCH 11, 1994 (22)
Para. 22.1 APPROVAL OF THE JOURNAL
Para. 22.2 [ROLL NO. 53]--ON APPROVAL OF THE JOURNAL
Para. 22.3 COMMUNICATIONS
Para. 22.4 MESSAGE FROM THE SENATE
Para. 22.5 CONGRESSIONAL BUDGET FOR U.S., FY 1995--H. CON. RES. 218
Para. 22.6 RECORDED VOTE--AMENDMENT IN THE NATURE OF A SUBSTITUTE BY MR.
MFUME
Para. 22.7 [ROLL NO. 54]--ON AGREEING TO THE AMENDMENT IN THE NATURE OF
A SUBSTITUTE
Para. 22.8 FURTHER MESSAGE FROM THE SENATE
Para. 22.9 RECORDED VOTE--AMENDMENT IN THE NATURE OF A SUBSTITUTE BY MR.
KASICH
Para. 22.10 [ROLL NO. 55]--ON AGREEING TO THE AMENDMENT IN THE NATURE OF
A SUBSTITUTE
Para. 22.11 [ROLL NO. 56]--ON AGREEING TO THE CONCURRENT RESOLUTION
Para. 22.12 FEDERAL WORKFORCE RESTRUCTURING--H.R. 3345--TO CONFERENCE
Para. 22.13 MOTION TO INSTRUCT CONFEREES--H.R. 3345
Para. 22.14 [ROLL NO. 57]--ON AGREEING TO THE MOTION TO INSTRUCT
Para. 22.15 APPOINTMENT OF CONFEREES--H.R. 3345
Para. 22.16 ORDER OF BUSINESS--STRUCTURED DEBATES
Para. 22.17 ADJOURNMENT OVER
Para. 22.18 HOUR OF MEETING
Para. 22.19 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
Para. 22.20 ORDER OF BUSINESS--BALANCED BUDGET AMENDMENT--H. RES. 331
[[Page 2848]]
Para. 22.21 NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK--S. J. RES. 56
Para. 22.22 CLASSICAL MUSIC MONTH--H. J. RES. 239
Para. 22.23 PARENTS DAY--H. RES. 236
Para. 22.24 GREEK INDEPENDENCE DAY--H. J. RES. 162
Para. 22.25 NATIONAL AGRICULTURE DAY--S. J. RES. 163
Para. 22.26 CONGRESSIONAL AWARD BOARD
Para. 22.27 APPOINTMENT OF ADDITIONAL CONFEREES--H.R. 1804
Para. 22.28 SENATE BILL AND JOINT RESOLUTIONS REFERRED
Para. 22.29 LEAVE OF ABSENCE
Para. 22.30 ADJOURNMENT
Para. 22.31 PUBLIC BILLS AND RESOLUTIONS
Para. 22.32 MEMORIALS
Para. 22.33 PRIVATE BILLS AND RESOLUTIONS
Para. 22.34 ADDITIONAL SPONSORS
Para. 22.35 PETITIONS
TUESDAY, MARCH 15, 1994 (23)
Para. 23.1 RECESS--11:00 A.M.
Para. 23.2 AFTER RECESS--12:00 NOON
Para. 23.3 APPROVAL OF THE JOURNAL
Para. 23.4 COMMUNICATIONS
Para. 23.5 MESSAGE FROM THE SENATE
Para. 23.6 MARTIN LUTHER KING, JR. FEDERAL HOLIDAY COMMISSION--H. R.
1933
Para. 23.7 COMMITTEE FUNDING--H. RES. 369
Para. 23.8 COMMITTEE FUNDING--H. RES. 387
Para. 23.9 RIO GRANDE DESIGNATION--S. 375
Para. 23.10 FARMINGTON WILD AND SCENIC RIVER-H. R. 2815
Para. 23.11 SUBPOENA
Para. 23.12 ADJOURNMENT
Para. 23.13 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 23.14 PUBLIC BILLS AND RESOLUTIONS
Para. 23.15 ADDITIONAL SPONSORS
Para. 23.16 PETITIONS
WEDNESDAY, MARCH 16, 1994 (24)
Para. 24.1 APPROVAL OF THE JOURNAL
Para. 24.2 COMMUNICATIONS
Para. 24.3 UNFINISHED BUSINESS--APPROVAL OF THE JOURNAL
Para. 24.4 [ROLL NO. 58]--ON APPROVAL OF THE JOURNAL
Para. 24.5 DEVELOPMENTAL DISABILITIES REAUTHORIZATION--S. 1284
Para. 24.6 SCHOOL-TO-WORK OPPORTUNITIES--S. 2884
Para. 24.7 PROVIDING FOR THE CONSIDERATION OF H.J. RES. 103--H. RES. 331
Para. 24.8 [ROLL NO. 59]--ON AGREEING TO H. RES. 331
Para. 24.9 BALANCED BUDGET CONSTITUTIONAL AMENDMENT--H. J. RES. 103
Para. 24.10 SUBMISSION OF CONFERENCE REPORT--H.R. 3345
Para. 24.11 BALANCED BUDGET CONSTITUTIONAL AMENDMENT--H. J. RES. 103
Para. 24.12 RECORDED VOTE--AMENDMENT IN THE NATURE OF A SUBSTITUTE
SUBMITTED BY MR. KYLE
Para. 24.13 [ROLL NO. 60]--ON AGREEING TO THE AMENDMENT IN THE NATURE OF
A SUBSTITUTE
Para. 24.14 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT ON H.R.
3345--H. RES. 388
Para. 24.15 HOUR OF MEETING
Para. 24.16 INDIAN FOOD STAMP PROGRAM--S. 1926
Para. 24.17 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE PRESIDENT
Para. 24.18 REEMPLOYMENT ACT OF 1994
Para. 24.19 SUBPOENA
Para. 24.20 ``STRUCTURED DEBATE''
Para. 24.21 LEAVE OF ABSENCE
Para. 24.22 ADJOURNMENT
Para. 24.23 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
[[Page 2849]]
Para. 24.24 PUBLIC BILLS AND RESOLUTIONS
Para. 24.25 ADDITIONAL SPONSORS
Para. 21.26 PETITIONS
THURSDAY, MARCH 17, 1994 (25)
Para. 25.1 APPROVAL OF THE JOURNAL
Para. 25.2 COMMUNICATIONS
Para. 25.3 MESSAGE FROM THE SENATE
Para. 25.4 BALANCED BUDGET CONSTITUTIONAL AMENDMENT--H. J. RES. 103
Para. 25.5 CALL IN COMMITTEE
Para. 25.6 [ROLL NO. 61]--CALL IN COMMITTEE
Para. 25.7 RECORDED VOTE--AMENDMENT IN THE NATURE OF A SUBSTITUTE BY MR.
BARTON
Para. 25.8 [ROLL NO. 62]--ON AGREEING TO THE AMENDMENT IN THE NATURE OF
A SUBSTITUTE
Para. 25.9 [ROLL NO. 63]--ON THE AMENDMENT
Para. 25.10 RECORDED VOTE--AMENDMENT BY MR. WISE
Para. 25.11 [ROLL NO. 64]--ON THE AMENDMENT
Para. 25.12 [ROLL NO. 65]--ON PASSAGE OF THE JOINT RESOLUTION
Para. 25.13 REQUESTING CONFERENCE WITH SENATE TO HOUSE AMENDMENT ON S.
636--H. RES. 374
Para. 25.14 [ROLL NO. 66]--ON ORDERING THE PREVIOUS QUESTION
Para. 25.15 [ROLL NO. 67]--ON AGREEING TO H. RES. 374
Para. 25.16 PESTICIDE SAFETY--S. 1913
Para. 25.17 FREEDOM OF ACCESS TO CLINICS--S. 636
Para. 25.18 [ROLL NO. 68]--ON LAYING ON THE TABLE THE MOTION TO AMEND
THE SENATE BILL
Para. 25.19 [ROLL NO. 69]--MOTION TO COMMIT
Para. 25.20 [ROLL NO. 70]--ON PASSAGE
Para. 25.21 [ROLL NO. 71]--ON THE MOTION TO INSIST AND ASK
Para. 25.22 MOTION TO INSTRUCT CONFEREES--S. 636
Para. 25.23 [ROLL NO. 72]--ON MOTION TO INSTRUCT CONFEREES
Para. 25.24 APPOINTMENT OF CONFEREES--S. 636
Para. 25.25 CONFERENCE OF INTERPARLIAMENTARY UNION--APPOINTMENTS
Para. 25.26 MEXICO-U.S. INTERPARLIAMENTARY GROUP--APPOINTMENTS
Para. 25.27 ADJOURNMENT OVER
Para. 25.28 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
Para. 25.29 HOUSE CHILD CARE CENTER--APPOINTMENTS
Para. 25.30 SENATE ENROLLED BILL AND JOINT RESOLUTIONS SIGNED
Para. 25.31 LEAVE OF ABSENCE
Para. 25.32 ADJOURNMENT
Para. 25.33 PUBLIC BILLS AND RESOLUTIONS
Para. 25.34 MEMORIALS
Para. 25.35 PRIVATE BILLS AND RESOLUTIONS
Para. 25.36 ADDITIONAL SPONSORS
FRIDAY, MARCH 18, 1994 (26)
Para. 26.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 26.2 APPROVAL OF THE JOURNAL
Para. 26.3 COMMUNICATIONS
Para. 26.4 INTERPARLIAMENTARY UNION CONFERENCE--APPOINTMENTS
Para. 26.5 RECESS--12:55 P.M.
Para. 26.6 AFTER RECESS--10:38 P.M.
Para. 26.7 SENATE BILL REFERRED
Para. 26.8 ADJOURNMENT
Para. 26.9 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 26.10 PUBLIC BILLS AND RESOLUTIONS
Para. 26.11 ADDITIONAL SPONSORS
MONDAY, MARCH 21, 1994 (27)
Para. 27.1 APPROVAL OF THE JOURNAL
Para. 27.2 COMMUNICATIONS
[[Page 2850]]
Para. 27.3 MESSAGE FROM THE SENATE
Para. 27.4 ANTIMONEY LAUNDERING ACT--H.R. 3235
Para. 27.5 MULTI-FAMILY HOUSING PROPERTY DISPOSAL REFORM--H.R. 4067
Para. 27.6 SUBMISSION OF CONFERENCE REPORT--S. 1284
Para. 27.7 MARINE MAMMAL PROTECTION ACT AUTHORIZATION--H.R. 2760
Para. 27.8 VESSEL BALLAST WATER MANAGEMENT--H.R. 3360
Para. 27.9 RECREATIONAL BOATING SAFETY IMPROVEMENT ACT--H.R. 3786
Para. 27.10 FLOWER GARDEN BANKS BOUNDARIES--H.R. 3886
Para. 27.11 NOAA GREAT LAKES OFFICE--H.R. 1394
Para. 27.12 NATIONAL COASTAL RESOURCE DEVELOPMENT--H.R. 2063
Para. 27.13 NEW LONDON FISH HATCHERY PRODUCTION FACILITY--H.R. 3664
Para. 27.14 FISH AND WILDLIFE FOUNDATION AUTHORIZATION--S. 476
Para. 27.15 NEW JERSEY COASTAL HERITAGE TRAIL ROUTE--S. 1574
Para. 27.16 HIGHWAY RELOCATION AT GEORGIA MILITARY PARK--H.R. 3616
Para. 27.17 URBAN RECREATION AND AT-RISK YOUTH ACT--H.R. 4034
Para. 27.18 DEVELOPMENTAL DISABILITIES PROGRAMS--S. 1284
Para. 27.19 RECESS--1:42 P.M.
Para. 27.20 AFTER RECESS--2:31 P.M.
Para. 27.21 SUBMISSION OF CONFERENCE REPORT--H.R. 1804
Para. 27.22 AMERICA'S SCHOOLS--H.R. 6
Para. 27.23 RECORDED VOTE--AMENDMENT BY MR. ROTH
Para. 27.24 [ROLL NO. 73]--ON AGREEING TO THE AMENDMENT
Para. 27.25 RECORDED VOTE--AMENDMENT BY MR. WILLIAMS TO AMENDMENT BY MR.
SAM JOHNSON OF TEXAS
Para. 27.26 [ROLL NO. 74]--ON AGREEING TO THE AMENDMENT TO THE AMENDMENT
Para. 27.27 RECORDED VOTE--FOREGOING AMENDMENT BY MR. JOHNSON OF TEXAS
Para. 27.28 [ROLL NO. 75]--ON AGREEING TO FOREGOING THE AMENDMENT
Para. 27.29 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT ON H.R.
1804--H. RES. 393
Para. 27.30 AMERICA'S SCHOOLS--H.R. 6
Para. 27.31 EDUCATION AND SHARING DAY, U.S.A.--H.J. RES. 326
Para. 27.32 SMALL FAMILY FARM WEEK--S.J. RES. 171
Para. 27.33 SENATE JOINT RESOLUTION REFERRED
Para. 27.34 SENATE ENROLLED JOINT RESOLUTION SIGNED
Para. 27.35 LEAVE OF ABSENCE
Para. 27.36 ADJOURNMENT
Para. 27.37 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 27.38 PUBLIC BILLS AND RESOLUTIONS
Para. 27.39 MEMORIALS
Para. 27.40 PRIVATE BILLS AND RESOLUTIONS
Para. 27.41 ADDITIONAL SPONSORS
TUESDAY, MARCH 22, 1994 (28)
Para. 28.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 28.2 RECESS--11:13 A.M.
Para. 28.3 AFTER RECESS--12:00 NOON
Para. 28.4 APPROVAL OF THE JOURNAL
Para. 28.5 AMERICA'S SCHOOLS--H.R. 6
Para. 28.6 RECORDED VOTE--AMENDMENT BY MRS. UNSOELD TO AMENDMENT BY MR.
DOOLITTLE
Para. 28.7 [ROLL NO. 76]--ON AGREEING TO THE AMENDMENT TO THE AMENDMENT
Para. 28.8 RECORDED VOTE--FOREGOING AMENDMENT BY MR. DOOLITTLE, AS
AMENDED
Para. 28.9 [ROLL NO. 77]--ON AGREEING TO THE FOREGOING AMENDMENT, AS
AMENDED
Para. 28.10 COMMITTEE OVERSIGHT OF CERTAIN MATTERS--H. RES. 394
Para. 28.11 [ROLL NO. 78]--ON AGREEING TO H. RES. 394
Para. 28.12 COMMITTEE FUNDING--H. RES. 369
Para. 28.13 [ROLL NO. 79]--MOTION TO RECOMMIT WITH INSTRUCTIONS
Para. 28.14 [ROLL NO. 80]--ON AGREEING TO H. RES. 369, AS AMENDED
Para. 28.15 HOUR OF MEETING
Para. 28.16 H.R. 4067--UNFINISHED BUSINESS
Para. 28.17 [ROLL NO. 81]--ON PASSAGE
[[Page 2851]]
Para. 28.18 H.R. 4034--UNFINISHED BUSINESS
Para. 28.19 [ROLL NO. 82]--ON PASSAGE
Para. 28.20 MARINE MAMMAL PROTECTION--S. 1636
Para. 28.21 CLERK TO CORRECT ENGROSSMENT--S. 1636
Para. 28.22 INTERSTATE BANKING EFFICIENCY--H.R. 3841
Para. 28.23 PROVIDING FOR THE CONSIDERATION OF H.R. 4092--H. RES. 395
Para. 28.24 COMMISSION ON CHILD AND FAMILY WELFARE--APPOINTMENTS
Para. 28.25 LEAVE OF ABSENCE
Para. 28.26 ADJOURNMENT
Para. 28.27 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 28.28 PUBLIC BILLS AND RESOLUTIONS
Para. 28.29 ADDITIONAL SPONSORS
Para. 28.30 DELETIONS
WEDNESDAY, MARCH 23, 1994 (29)
Para. 29.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 29.2 APPROVAL OF THE JOURNAL
Para. 29.3 [ROLL NO. 83]--ON APPROVAL OF THE JOURNAL
Para. 29.4 COMMUNICATIONS
Para. 29.5 MESSAGE FROM THE SENATE
Para. 29.6 PROVIDING FOR THE CONSIDERATION OF H.R. 4092--H. RES. 395
Para. 29.7 [ROLL NO. 84]--ON AGREEING TO H. RES. 395
Para. 29.8 CRIME CONTROL--H.R. 4092
Para. 29.9 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT ON H.R.
1804--H. RES. 393
Para. 29.10 GOALS 2000: EDUCATE AMERICA--CONFERENCE REPORT ON H.R. 1804
Para. 29.11 [ROLL NO. 85]--MOTION TO RECOMMIT
Para. 29.12 [ROLL NO. 86]--ON AGREEING TO THE CONFERENCE REPORT
Para. 29.13 CORRECT ENROLLMENT--H. CON. RES. 230
Para. 29.14 COMMITTEE ELECTION--MAJORITY--H. RES. 396
Para. 29.15 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT ON
H.R. 3345--H. RES. 388
Para. 29.16 [ROLL NO. 87]--ON AGREEING TO H. RES. 388
Para. 29.17 FEDERAL WORKFORCE RESTRUCTURING--H.R. 3345
Para. 29.18 [ROLL NO. 88]--ON MOTION TO RECOMMIT
Para. 29.19 PERMISSION TO FILE REPORT--S. 349
Para. 29.20 SENATE BILL REFERRED
Para. 29.21 SENATE ENROLLED JOINT RESOLUTION SIGNED
Para. 29.22 LEAVE OF ABSENCE
Para. 29.23 ADJOURNMENT
Para. 29.24 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 29.25 PUBLIC BILLS AND RESOLUTIONS
Para. 29.26 MEMORIALS
Para. 29.27 ADDITIONAL SPONSORS
Para. 29.28 DELETIONS
THURSDAY, MARCH 24, 1994 (30)
Para. 30.1 APPROVAL OF THE JOURNAL
Para. 30.2 COMMUNICATIONS
Para. 30.3 PROVIDING FOR THE CONSIDERATION OF CERTAIN MOTION TO SUSPEND
THE RULES--S. 349--H. RES. 397
Para. 30.4 [ROLL NO. 89]--ON AGREEING TO H. RES. 397
Para. 30.5 LOBBYING ACTIVITIES--S. 349
Para. 30.6 [ROLL NO. 90]--ON PASSAGE
Para. 30.7 POINT OF PERSONAL PRIVILEGE
Para. 30.8 AMERICA'S SCHOOLS--H.R. 6
Para. 30.9 RECORDED VOTE--AMENDMENT BY MRS. UNSOELD TO AMENDMENT BY MR.
HANCOCK
Para. 30.10 [ROLL NO. 91]--ON AGREEING TO THE AMENDMENT TO THE AMENDMENT
Para. 30.11 RECORDED VOTE--FOREGOING AMENDMENT BY MR. HANCOCK, AS
AMENDED
Para. 30.12 [ROLL NO. 92]--ON AGREEING TO THE FOREGOING AMENDMENT, AS
AMENDED
Para. 30.13 RECORDED VOTE--AMENDMENT BY MR. MILLER OF FLORIDA
[[Page 2852]]
Para. 30.14 [ROLL NO. 93]--ON AGREEING TO THE AMENDMENT
Para. 30.15 ADJOURNMENT OF THE TWO HOUSES--H. CON. RES. 232
Para. 30.16 SPEAKER AND MINORITY LEADER TO ACCEPT RESIGNATIONS, APPOINT
COMMISSIONS
Para. 30.17 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
Para. 30.18 MARINE MAMMAL PROTECTION ACT--H.R. 4122
Para. 30.19 AMERICA'S SCHOOLS--H.R. 6
Para. 30.20 RECORDED VOTE--SUBSTITUTE AMENDMENT BY MR. MICHEL
Para. 30.21 [ROLL NO. 94]--ON AGREEING TO SUBSTITUTE AMENDMENT
Para. 30.22 [ROLL NO. 95]--ON PASSAGE
Para. 30.23 MESSAGE FROM THE SENATE
Para. 30.24 CHANGE OF CONFEREE--S. 349
Para. 30.25 CLERK TO CORRECT ENGROSSMENT--H.R. 6
Para. 30.26 PERMISSION TO FILE SUNDRY REPORTS
Para. 30.27 FURTHER MESSAGE FROM THE SENATE
Para. 30.28 LEAVE OF ABSENCE
Para. 30.29 ADJOURNMENT
Para. 30.30 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 30.31 REPORTED BILL SEQUENTIALLY REFERRED
Para. 30.32 PUBLIC BILLS AND RESOLUTIONS
Para. 30.33 MEMORIALS
Para. 30.34 PRIVATE BILLS AND RESOLUTIONS
Para. 30.35 ADDITIONAL SPONSORS
Para. 30.36 PETITIONS
Para. 30.37 DELETIONS
TUESDAY, APRIL 12, 1994 (31)
Para. 31.1 APPROVAL OF THE JOURNAL
Para. 31.2 COMMUNICATIONS
Para. 31.3 MESSAGE FROM THE SENATE
Para. 31.4 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE SENATE
Para. 31.5 ENROLLED BILLS AND JOINT RESOLUTION SIGNED
Para. 31.6 REVIEW PANEL OF THE OFFICE OF FAIR EMPLOYMENT PRACTICES
Para. 31.7 COMMISSION ON CHILD AND FAMILY WELFARE
Para. 31.8 COMMUNICATION FROM THE CHAIRMAN--PUBLIC WORKS PROJECTS
Para. 31.9 ADVISORY COUNCIL ON UNEMPLOYMENT COMPENSATION--APPOINTMENT
Para. 31.10 GENERAL COUNSEL--APPOINTMENT
Para. 31.11 COMMITTEE ON APPROPRIATIONS CHAIRMAN--H. RES. 399
Para. 31.12 THE LATE HONORABLE WILLIAM H. NATCHER--H. RES. 400
Para. 31.13 MESSAGES FROM THE PRESIDENT
Para. 31.14 DUTY SUSPENSION FOR INTERNATIONAL SPORTS EVENTS--H. R. 4066
Para. 31.15 BYRON WHITE UNITED STATES COURTHOUSE--H.R. 3693
Para. 31.16 EDWARD J. SCHWARTZ COURTHOUSE AND FEDERAL BUILDING--H.R.
3770
Para. 31.17 FREDRICK C. MURPHY FEDERAL CENTER--S. 1206
Para. 31.18 GREAT FALLS HISTORIC DISTRICT--H.R. 3498
Para. 31.19 WHEELING NATIONAL HERITAGE AREA--H.R. 2843
Para. 31.20 COLLEGE LOAN DEFAULT EXEMPTION--S. 2004
Para. 31.21 SUBPOENA
Para. 31.22 SUBPOENA
Para. 31.23 SUBPOENA
Para. 31.24 SUBPOENA
Para. 31.25 SUBPOENA
Para. 31.26 MESSAGE FROM THE PRESIDENT--NATIONAL EMERGENCY WITH RESPECT
TO ANGOLA
Para. 31.27 MESSAGE FROM THE PRESIDENT--PANAMA CANAL COMMISSION
Para. 31.28 RECESS--2:50 P.M.
Para. 31.29 AFTER RECESS--4:00 P.M.
Para. 31.30 H.R. 4066--UNFINISHED BUSINESS
Para. 31.31 [ROLL NO. 96]--ON PASSAGE
Para. 31.32 H.R. 3693--UNFINISHED BUSINESS
[[Page 2853]]
Para. 31.33 [ROLL NO. 97]--ON PASSAGE
Para. 31.34 UNFINISHED BUSINESS--APPROVAL OF THE JOURNAL
Para. 31.35 PROVIDING FOR THE CONSIDERATION OF H.R. 4092
Para. 31.36 APPOINTMENT OF FUNERAL COMMITTEE OF THE LATE HONORABLE
WILLIAM H. NATCHER
Para. 31.37 SENATE BILLS AND JOINT RESOLUTION REFERRED
Para. 31.38 BILLS AND JOINT RESOLUTION PRESENTED TO THE PRESIDENT
Para. 31.39 LEAVE OF ABSENCE
Para. 31.40 ADJOURNMENT
Para. 31.41 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 31.42 PUBLIC BILLS AND RESOLUTIONS
Para. 31.43 MEMORIALS
Para. 31.44 ADDITIONAL SPONSORS
WEDNESDAY, APRIL 13, 1994 (32)
Para. 32.1 APPROVAL OF THE JOURNAL
Para. 32.2 [ROLL NO. 98]--ON APPROVAL OF THE JOURNAL
Para. 32.3 COMMUNICATIONS
Para. 32.4 MESSAGE FROM THE SENATE
Para. 32.5 H.R. 3770--UNFINISHED BUSINESS
Para. 32.6 [ROLL NO. 99]--ON PASSAGE
Para. 32.7 H.R. 3498--UNFINISHED BUSINESS
Para. 32.8 [ROLL NO. 100]--ON PASSAGE
Para. 32.9 H.R. 2843--UNFINISHED BUSINESS
Para. 32.10 [ROLL NO. 101]--ON PASSAGE
Para. 32.11 S. 2004--UNFINISHED BUSINESS
Para. 32.12 [ROLL NO. 102]--ON PASSAGE
Para. 32.13 PROVIDING FOR THE FURTHER CONSIDERATION OF H.R. 4092--H.
RES. 401
Para. 32.14 [ROLL NO. 103]--ON AGREEING TO H. RES. 401
Para. 32.15 HOUR OF MEETING
Para. 32.16 SUBPOENA
Para. 32.17 CHILD SAFETY PROTECTION--H.R. 965
Para. 32.18 ORGAN AND BONE MARROW TRANSPLANTATION--H.R. 2659
Para. 32.19 SENATE BILLS REFERRED
Para. 32.20 SENATE ENROLLED BILL SIGNED
Para. 32.21 LEAVE OF ABSENCE
Para. 32.22 ADJOURNMENT
Para. 32.23 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 32.24 PUBLIC BILLS AND RESOLUTIONS
Para. 32.25 MEMORIALS
Para. 32.26 PRIVATE BILLS AND RESOLUTIONS
Para. 32.27 ADDITIONAL SPONSORS
Para. 32.28 PETITIONS
THURSDAY, APRIL 14, 1994 (33)
Para. 33.1 APPROVAL OF THE JOURNAL
Para. 33.2 MESSAGE FROM THE SENATE
Para. 33.3 CRIME CONTROL--H.R. 4092
Para. 33.4 RECORDED VOTE--EN BLOC AMENDMENTS BY MR. BROOKS
Para. 33.5 [ROLL NO. 104]--ON AGREEING TO EN BLOC AMENDMENTS
Para. 33.6 UNFINISHED BUSINESS--APPROVAL OF THE JOURNAL
Para. 33.7 [ROLL NO. 105]--ON APPROVAL OF THE JOURNAL
Para. 33.8 CRIME CONTROL--H.R. 4092
Para. 33.9 RECORDED VOTE--AMENDMENT BY MR. WATT
Para. 33.10 [ROLL NO. 106]--ON AGREEING TO THE AMENDMENT
Para. 33.11 RECORDED VOTE--AMENDMENT BY MR. KOPTESKI
Para. 33.12 [ROLL NO. 107]--ON AGREEING TO THE AMENDMENT
Para. 33.13 RECORDED VOTE--AMENDMENT BY MR. MCCOLLUM
Para. 33.14 [ROLL NO. 108]--ON AGREEING TO THE AMENDMENT
[[Page 2854]]
Para. 33.15 RECORDED VOTE--AMENDMENT BY MR. GEKAS
Para. 33.16 [ROLL NO. 109]--ON AGREEING TO THE AMENDMENT
Para. 33.17 RECORDED VOTE--PREFERENTIAL MOTION BY MR. MCCOLLUM TO RISE
AND REPORT BACK
Para. 33.18 [ROLL NO. 110]--ON MOTION
Para. 33.19 RECORDED VOTE--AMENDMENT BY MR. WATT
Para. 33.20 [ROLL NO. 111]--ON AGREEING TO THE AMENDMENT
Para. 33.21 CONGRESSIONAL BUDGET FOR U.S., 1995-H. CON. RES. 218
Para. 33.22 MOTION TO INSTRUCT CONFEREES--H. CON. RES. 218
Para. 33.23 [ROLL NO. 112]--ON MOTION TO INSTRUCT CONFEREES
Para. 33.24 APPOINTMENT OF CONFEREES--H. CON. RES. 218
Para. 33.25 ADJOURNMENT OVER
Para. 33.26 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
Para. 33.27 FURTHER MESSAGE FROM THE SENATE
Para. 33.28 SENATE BILL REFERRED
Para. 33.29 SENATE ENROLLED BILL SIGNED
Para. 33.30 LEAVE OF ABSENCE
Para. 33.31 ADJOURNMENT
Para. 33.32 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 33.33 SUBSEQUENT ACTION ON A REPORTED BILL SEQUENTIALLY REFERRED
Para. 33.34 PUBLIC BILLS AND RESOLUTIONS
Para. 33.35 ADDITIONAL SPONSORS
MONDAY, APRIL 18, 1994 (34)
Para. 34.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 34.2 RECESS--11:00 A.M.
Para. 34.3 AFTER RECESS--12:00 NOON
Para. 34.4 APPROVAL OF THE JOURNAL
Para. 34.5 COMMUNICATIONS
Para. 34.6 VA ACCOMODATIONS FOR SICK CHILDREN'S FAMILIES--H.R. 1617
Para. 34.7 BURIAL IN NATIONAL CEMETERIES--H. RES. 406
Para. 34.8 RAOUL WALLENBERG BUST--H. CON. RES. 222
Para. 34.9 SUBPOENA
Para. 34.10 RECESS--12:50 P.M.
Para. 34.11 AFTER RECESS--4:44 P.M.
Para. 34.12 FOREIGN AID AND STATE DEPARTMENT AUTHORIZATION--H.R. 2333
Para. 34.13 MOTION TO INSTRUCT CONFEREES--H.R. 2333
Para. 34.14 [ROLL NO. 113]--ON MOTION TO INSTRUCT CONFEREES
Para. 34.15 H.CON. RES. 222--UNFINISHED BUSINESS
Para. 34.16 [ROLL NO. 114]--ON AGREEING TO THE CONCURRENT RESOLUTION
Para. 34.17 APPOINTMENT OF CONFEREES--H.R. 2333
Para. 34.18 ENVIRONMENTAL EXPORTS PROMOTION--H.R. 3813
Para. 34.19 IRANIAN BAHA'I EMANCIPATION--S. CON. RES. 31
Para. 34.20 LEAVE OF ABSENCE
Para. 34.21 ADJOURNMENT
Para. 34.22 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 34.23 PUBLIC BILLS AND RESOLUTIONS
Para. 34.24 MEMORIALS
Para. 34.35 ADDITIONAL SPONSORS
Para. 34.36 PETITIONS
TUESDAY, APRIL 19, 1994 (35)
Para. 35.1 RECESS--11:26 A.M.
Para. 35.2 AFTER RECESS--12:00 NOON
Para. 35.3 APPROVAL OF THE JOURNAL
Para. 35.4 [ROLL NO. 115]--ON APPROVAL OF THE JOURNAL
Para. 35.5 COMMUNICATIONS
Para. 35.6 HOUR OF MEETING
Para. 35.7 TECHNICAL CORRECTIONS TO NATIVE AMERICANS' LAWS--S. 1654
[[Page 2855]]
Para. 35.8 [ROLL NO. 116]--ON PASSAGE
Para. 35.9 H.R. 3813--UNFINISHED BUSINESS
Para. 35.10 [ROLL NO. 117]--ON PASSAGE
Para. 35.11 S. CON. RES. 31--UNFINISHED BUSINESS
Para. 35.12 [ROLL NO. 118]--ON PASSAGE
Para. 35.13 MESSAGE FROM THE SENATE
Para. 35.14 MODIFICATION OF CONFEREE--H.R. 2333
Para. 35.15 CRIME CONTROL--H.R. 4092
Para. 35.16 RECORDED VOTE--AMENDMENT BY MR. HYDE
Para. 35.17 [ROLL NO. 119]--ON THE AMENDMENT
Para. 35.18 RECORDED VOTE--AMENDMENT BY MR. DERRICK
Para. 35.19 [ROLL NO. 120]--ON THE AMENDMENT
Para. 35.20 RECORDED VOTE--PREFERENTIAL MOTION BY MR. MCCOLLUM TO RISE
AND REPORT BACK
Para. 35.21 [ROLL NO. 121]--ON THE MOTION
Para. 35.22 RECORDED VOTE--AMENDMENT BY MR. SOLOMON
Para. 35.23 [ROLL NO. 122]--ON THE AMENDMENT
Para. 35.24 RECORDED VOTE--PREFERENTIAL MOTION BY MR. MCCOLLUM TO RISE
AND REPORT BACK
Para. 35.25 [ROLL NO. 123]--ON THE MOTION
Para. 35.26 RECORDED VOTE--AMENDMENT BY MR. CHAPMAN
Para. 35.27 [ROLL NO. 124]--ON AGREEING TO THE AMENDMENT
Para. 35.28 RECORDED VOTE--AMENDMENT BY MR. SCHIFF
Para. 35.29 [ROLL NO. 125]--ON AGREEING TO THE AMENDMENT
Para. 35.30 RECORDED VOTE--SUBSTITUTE AMENDMENT BY MR. HUGHES TO THE
AMENDMENT BY MR. MCCOLLUM
Para. 35.31 [ROLL NO. 126]--AMENDMENT IN THE NATURE OF A SUBSTITUTE
Para. 35.32 ORDER OF BUSINESS--CONSIDERATION OF H.R. 2884
Para. 35.33 PERMISSION TO FILE CONFERENCE REPORT--H.R. 2884
Para. 35.34 HONORABLE THOMAS P. ``TIP'' O'NEILL YEAR--H. RES. 329
Para. 35.35 ENROLLED BILL SIGNED
Para. 35.36 LEAVE OF ABSENCE
Para. 35.37 ADJOURNMENT
Para. 35.38 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 35.39 PUBLIC BILLS AND RESOLUTIONS
Para. 35.40 MEMORIALS
Para. 35.41 ADDITIONAL SPONSORS
WEDNESDAY, APRIL 20, 1994 (36)
Para. 36.1 APPROVAL OF THE JOURNAL
Para. 36.2 [ROLL NO. 127]--ON APPROVAL OF THE JOURNAL
Para. 36.3 COMMUNICATIONS
Para. 36.4 SCHOOL-TO-WORK OPPORTUNITIES--CONFERENCE REPORT ON H.R. 2884
Para. 36.5 [ROLL NO. 128]--ON AGREEING TO THE CONFERENCE REPORT
Para. 36.6 H. RES. 329--UNFINISHED BUSINESS
Para. 36.7 [ROLL NO. 129]--ON AGREEING TO H. RES. 329
Para. 36.8 CRIME CONTROL--H.R. 4092
Para. 36.9 RECORDED VOTE--EN BLOC AMENDMENTS BY MR. BROOKS
Para. 36.10 [ROLL NO. 130]--ON AGREEING TO THE EN BLOC AMENDMENTS
Para. 36.11 RECORDED VOTE--AMENDMENT BY MR. MCCOLLUM
Para. 36.12 [ROLL NO. 131]--ON AGREEING TO THE AMENDMENT
Para. 36.13 RECORDED VOTE--PREFERENTIAL MOTION BY MR. MCCOLLUM TO RISE
AND REPORT BACK
Para. 36.14 [ROLL NO. 132]--ON THE MOTION
Para. 36.15 RECORDED VOTE--AMENDMENT BY MR. SMITH OF NEW JERSEY
Para. 36.16 [ROLL NO. 133]--ON AGREEING TO THE AMENDMENT
Para. 36.17 RECORDED VOTE--AMENDMENT BY MR. HUNTER
Para. 36.18 [ROLL NO. 134]--ON AGREEING TO THE AMENDMENT
Para. 36.19 RECORDED VOTE--AMENDMENT BY MR. TRAFICANT
Para. 36.20 [ROLL NO. 135]--ON AGREEING TO THE AMENDMENT
Para. 36.21 RECORDED VOTE--AMENDMENT BY MR. GORDON
Para. 36.22 [ROLL NO. 136]--ON AGREEING TO THE AMENDMENT
[[Page 2856]]
Para. 36.23 RECORDED VOTE--AMENDMENT BY MR. WYNN
Para. 36.24 [ROLL NO. 137]--ON AGREEING TO THE AMENDMENT
Para. 36.25 RECORDED VOTE--AMENDMENT BY MR. MCCURDY
Para. 36.26 [ROLL NO. 138]--ON AGREEING TO THE AMENDMENT
Para. 36.27 RECORDED VOTE--AMENDMENT BY MR. MARTINEZ
Para. 36.28 [ROLL NO. 139]--ON AGREEING TO THE AMENDMENT
Para. 36.29 LEAVE OF ABSENCE
Para. 36.30 ADJOURNMENT
Para. 36.31 PUBLIC BILLS AND RESOLUTIONS
Para. 36.32 MEMORIALS
Para. 36.33 ADDITIONAL SPONSORS
Para. 36.34 PETITIONS
Para. 36.35 DELETIONS
THURSDAY, APRIL 21, 1994 (37)
Para. 37.1 APPROVAL OF THE JOURNAL
Para. 37.2 [ROLL NO. 140]--ON APPROVAL OF THE JOURNAL
Para. 37.3 COMMUNICATIONS
Para. 37.4 MESSAGE FROM THE SENATE
Para. 37.5 CRIME CONTROL--H.R. 4092
Para. 37.6 RECORDED VOTE--AMENDMENT, AS MODIFIED, BY MR. HUGHES
Para. 37.7 [ROLL NO. 141]--ON AGREEING TO THE AMENDMENT, AS MODIFIED
Para. 37.8 MESSAGE FROM THE PRESIDENT
Para. 37.9 RECORDED VOTE--AMENDMENT BY MR. FRANKS OF NEW JERSEY
Para. 37.10 [ROLL NO. 142]--ON AGREEING TO THE AMENDMENT
Para. 37.11 [ROLL NO. 143]--MOTION TO RECOMMIT WITH INSTRUCTIONS BY MR.
MCCOLLUM
Para. 37.12 [ROLL NO. 144]--ON PASSAGE
Para. 37.13 MOTION TO INSTRUCT CONFEREES--H.R. 3355
Para. 37.14 [ROLL NO. 145]--ON MOTION TO INSTRUCT CONFEREES
Para. 37.15 APPOINTMENT OF CONFEREES--H.R. 3355
Para. 37.16 CLERK TO CORRECT ENGROSSMENT--H.R. 3355
Para. 37.17 ADJOURNMENT OVER
Para. 37.18 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
Para. 37.19 JOINT REFERRAL--EXECUTIVE COMMUNICATION 1195
Para. 37.20 COMMUNITY DEVELOPMENT BANKING AND FINANCIAL INSTITUTIONS--
H.R. 3474
Para. 37.21 PERMISSION TO FILE CONFERENCE REPORT--H.R. 2333
Para. 37.22 PROVIDING FOR THE CONSIDERATION OF H.R. 3221--H. RES. 410
Para. 37.23 CONSOLIDATED FARM AND RURAL DEVELOPMENT--S. 1930
Para. 37.24 TECHNICAL CORRECTIONS--S. 2005
Para. 37.25 PUBLIC SERVICE RECOGNITION WEEK--S. J. RES. 150
Para. 37.26 MESSAGE FROM THE PRESIDENT--SOUTH AFRICA
Para. 37.27 MESSAGE FROM THE PRESIDENT
Para. 37.28 MESSAGE FROM THE PRESIDENT--HONEY IMPORTS FROM CHINA
Para. 37.29 SENATE JOINT RESOLUTIONS SIGNED
Para. 37.30 ENROLLED BILLS SIGNED
Para. 37.31 SENATE ENROLLED BILLS AND JOINT RESOLUTION SIGNED
Para. 37.32 LEAVE OF ABSENCE
Para. 37.33 ADJOURNMENT
Para. 37.34 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 37.35 PUBLIC BILLS AND RESOLUTIONS
Para. 37.36 MEMORIALS
Para. 37.37 REPORTS OF COMMITTEE ON PRIVATE BILLS AND RESOLUTIONS
Para. 37.38 ADDITIONAL SPONSORS
Para. 37.39 DELETIONS
MONDAY, APRIL 25, 1995 (38)
Para. 38.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 38.2 APPROVAL OF THE JOURNAL
[[Page 2857]]
Para. 38.3 COMMUNICATIONS
Para. 38.4 MESSAGE FROM THE SENATE
Para. 38.5 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE PRESIDENT
Para. 38.6 RICHARD M. NIXON
Para. 38.7 RICHARD M. NIXON--H. RES. 411
Para. 38.8 ORDER OF BUSINESS--CONSIDERATION OF CONFERENCE REPORT H.R.
2333
Para. 38.9 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE SENATE
Para. 38.10 ADJOURNMENT
Para. 38.11 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 38.12 SUBSEQUENT ACTION ON REPORTED BILLS SEQUENTIALLY REFERRED
Para. 38.13 PUBLIC BILLS AND RESOLUTIONS
Para. 38.14 MEMORIALS
Para. 38.15 ADDITIONAL SPONSORS
TUESDAY, APRIL, 26, 1994 (39)
Para. 39.1 RECESS--11:00 A.M.
Para. 39.2 AFTER RECESS--12:00 NOON
Para. 39.3 APPROVAL OF THE JOURNAL
Para. 39.4 COMMUNICATIONS
Para. 39.5 MESSAGE FROM THE SENATE
Para. 39.6 ENROLLED BILL SIGNED
Para. 39.7 CONTROL AND PREVENT CRIME--H.R. 4092
Para. 39.8 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE PRESIDENT
Para. 39.9 NATIONAL EMERGENCY WITH RESPECT TO HAITI
Para. 39.10 ADJOURNMENT OVER
Para. 39.11 EMPLOYMENT LEVEL IN VA MEDICAL CENTERS--H.R. 4013
Para. 39.12 MARINE MAMMAL PROTECTION ACT AMENDMENTS--H. RES. 412
Para. 39.13 HEAD START, LIHEAP & COMMUNITY SERVICES REAUTHORIZATION--
H.R. 4250
Para. 39.14 ARSON PREVENTION ACT OF 1993--H. RES. 413
Para. 39.15 SMITHSONIAN BOARD OF REGENTS APPOINTMENT--H. J. RES. 279
Para. 39.16 SMITHSONIAN BOARD OF REGENTS APPOINTMENT--H. J. RES. 280
Para. 39.17 JEAN MAYER RESEARCH CENTER--H.R. 4204
Para. 39.18 PEACE OFFICERS' MEMORIAL SERVICE--H. CON. RES. 237
Para. 39.19 LETS STOP KIDS KILLING KIDS WEEK--H.J. RES. 360
Para. 39.20 SENATE BILLS REFERRED
Para. 39.21 SENATE ENROLLED BILL AND JOINT RESOLUTION SIGNED
Para. 39.22 ADJOURNMENT
Para. 39.23 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 39.24 PUBLIC BILLS AND RESOLUTIONS
Para. 39.25 MEMORIALS
Para. 39.26 ADDITIONAL SPONSORS
THURSDAY, APRIL 28, 1994 (40)
Para. 40.1 APPROVAL OF THE JOURNAL
Para. 40.2 COMMUNICATIONS
Para. 40.3 MESSAGE FROM THE SENATE
Para. 40.4 APPOINTMENT OF FUNERAL COMMITTEE OF THE LATE RICHARD M. NIXON
Para. 40.5 PROVIDING FOR THE CONSIDERATION OF H.R. 3254--H. RES. 414
Para. 40.6 PROVIDING FOR THE CONSIDERATION OF H.R. 3221--H. RES. 410
Para. 40.7 IRAQI CLAIMS--H. R. 3221
Para. 40.8 POINT OF ORDER--AGAINST THE MOTION TO RECOMMIT WITH
INSTRUCTIONS (H.R. 3221)
Para. 40.9 [ROLL NO. 146]--ON PASSAGE
Para. 40.10 CLERK TO CORRECT ENGROSSMENT--H.R. 3221
Para. 40.11 HEAD START AND COMMUNITY SERVICES--H.R. 4250
Para. 40.12 STATE DEPARTMENT AUTHORIZATION--H.R. 2333
Para. 40.13 [ROLL NO. 147]--ON MOTION TO RECOMMIT WITH INSTRUCTIONS
Para. 40.14 H.R.4013--UNFINISHED BUSINESS
Para. 40.15 [ROLL NO. 148]--ON PASSAGE
[[Page 2858]]
Para. 40.16 H.R. 4250--UNFINISHED BUSINESS
Para. 40.17 ADJOURNMENT OVER
Para. 40.18 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
Para. 40.19 CORRECT ENROLLMENT OF H.R. 2333
Para. 40.20 SENATE ENROLLED BILLS AND JOINT RESOLUTIONS SIGNED
Para. 40.21 LEAVE OF ABSENCE
Para. 40.22 ADJOURNMENT
Para. 40.23 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 40.24 PUBLIC BILLS AND RESOLUTIONS
Para. 40.25 PRIVATE BILLS AND RESOLUTIONS
Para. 40.26 DELETIONS
MONDAY, MAY 2, 1994 (41)
Para. 41.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 41.2 APPROVAL OF THE JOURNAL
Para. 41.3 COMMUNICATIONS
Para. 41.4 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE SENATE
Para. 41.5 ENROLLED BILL SIGNED
Para. 41.6 SUBMISSION OF CONFERENCE REPORT--S. 636
Para. 41.7 SUBPOENA
Para. 41.8 RECESS--1:12 P.M.
Para. 41.9 AFTER RECESS--3:33 P.M.
Para. 41.10 SENATE BILL REFERRED
Para. 41.11 BILLS PRESENTED TO THE PRESIDENT
Para. 41.12 ADJOURNMENT
Para. 41.13 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 41.14 SUBSEQUENT ACTION ON REPORTED BILL SEQUENTIALLY REFERRED
Para. 41.15 PUBLIC BILLS AND RESOLUTIONS
Para. 41.16 ADDITIONAL SPONSORS
TUESDAY, MAY 3, 1994 (42)
Para. 42.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 42.2 RECESS--10:55 A.M.
Para. 42.3 AFTER RECESS--12:00 NOON
Para. 42.4 APPROVAL OF THE JOURNAL
Para. 42.5 COMMUNICATIONS
Para. 42.6 MESSAGE FROM THE SENATE
Para. 42.7 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE PRESIDENT
Para. 42.8 IMPOUNDMENT CONTROL
Para. 42.9 TEMPORARY AIRPORT IMPROVEMENT PROGRAM--S. 2024
Para. 42.10 NATIONAL FLOOD INSURANCE REFORM--H.R. 3191
Para. 42.11 PROVIDING FOR THE CONSIDERATION OF H.R. 3254--H. RES. 414
Para. 42.12 NSF AUTHORIZATION--H.R. 3254
Para. 42.13 SUBPOENA
Para. 42.14 RECESS--3:20 P.M.
Para. 42.15 AFTER RECESS--5:02 P.M.
Para. 42.16 H.R. 3191--UNFINISHED BUSINESS
Para. 42.17 [ROLL NO. 149]--ON PASSAGE
Para. 42.18 PERMISSION TO FILE CONFERENCE REPORT
Para. 42.19 NATIONAL RANDOM ACTS OF KINDNESS WEEK--H. J. RES. 357
Para. 42.20 NATIONAL WALKING WEEK--S. J. RES. 146
Para. 42.21 D-DAY NATIONAL REMEMBRANCE DAY--H. J. RES. 303
Para. 42.22 SENATE JOINT RESOLUTION REFERRED
Para. 42.23 LEAVE OF ABSENCE
Para. 42.24 ADJOURNMENT
Para. 42.25 PUBLIC BILLS AND RESOLUTIONS
Para. 42.26 MEMORIALS
Para. 42.27 PRIVATE BILLS AND RESOLUTIONS
[[Page 2859]]
Para. 42.28 ADDITIONAL SPONSORS
Para. 42.29 DELETIONS
WEDNESDAY, MAY 4, 1994 (43)
Para. 43.1 APPROVAL OF THE JOURNAL
Para. 43.2 [ROLL NO. 150]--ON APPROVAL OF THE JOURNAL
Para. 43.3 COMMUNICATIONS
Para. 43.4 MESSAGE FROM THE PRESIDENT
Para. 43.5 MESSAGE FROM THE SENATE
Para. 43.6 SUBMISSION OF CONFERENCE REPORT--H. CON. RES. 218
Para. 43.7 MESSAGE FROM THE PRESIDENT--DISTRICT OF COLUMBIA BUDGET
Para. 43.8 NSF AUTHORIZATION--H. R. 3254
Para. 43.9 RECORDED VOTE--AMENDMENT BY MR. BOEHLERT
Para. 43.10 [ROLL NO. 151]--ON AGREEING TO THE AMENDMENT
Para. 43.11 [ROLL NO. 152]--SEPARATE VOTE ON THE SOLOMON AMENDMENT
Para. 43.12 [ROLL NO. 153]--ON PASSAGE
Para. 43.13 CLERK TO CORRECT ENGROSSMENT--H.R. 3254
Para. 43.14 SUBPOENA
Para. 43.15 RECESS--5:50
Para. 43.16 AFTER RECESS--7:04 P.M.
Para. 43.17 PROVIDING FOR THE CONSIDERATION OF H.R. 4296--H. RES. 416
Para. 43.18 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT ON S.
636--H. RES. 417
Para. 43.19 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT ON H. CON.
RES. 218--H. RES. 418
Para. 43.20 ``STRUCTURED DEBATE''
Para. 43.21 SENATE ENROLLED JOINT RESOLUTION SIGNED
Para. 43.22 ADJOURNMENT
Para. 43.23 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 43.24 PUBLIC BILLS AND RESOLUTIONS
Para. 43.25 MEMORIALS
Para. 43.26 REPORTS OF COMMITTEE ON PRIVATE BILLS AND RESOLUTIONS
Para. 43.27 ADDITIONAL SPONSORS
Para. 43.28 PETITIONS
Para. 43.29 DELETIONS
THURSDAY, MAY 5, 1994 (44)
Para. 44.1 APPROVAL OF THE JOURNAL
Para. 44.2 [ROLL NO. 154]--ON APPROVAL OF THE JOURNAL
Para. 44.3 COMMUNICATIONS
Para. 44.4 MESSAGE FROM THE SENATE
Para. 44.5 MESSAGE FROM THE PRESIDENT
Para. 44.6 PROVIDING FOR THE CONSIDERATION OF H.R. 4296--H. RES. 416
Para. 44.7 [ROLL NO. 155]--ON AGREEING TO H. RES. 416
Para. 44.8 ASSAULT WEAPONS BAN--H. R. 4296
Para. 44.9 [ROLL NO. 156]--ON PASSAGE
Para. 44.10 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT ON S.
636--H. RES. 417
Para. 44.11 [ROLL NO. 157]--ON AGREEING TO H. RES. 417
Para. 44.12 FREEDOM OF ACCESS TO CLINICS--CONFERENCE REPORT ON S. 636
Para. 44.13 [ROLL NO. 158]--ON MOTION TO RECOMMIT WITH INSTRUCTIONS
Para. 44.14 [ROLL NO. 159]--ON AGREEING TO THE CONFERENCE REPORT
Para. 44.15 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT ON H.
CON. RES. 218--H. RES. 418
Para. 44.16 [ROLL NO. 160]--ON AGREEING TO H. RES. 418
Para. 44.17 CONGRESSIONAL BUDGET FOR U.S., FY 1995--CONFERENCE REPORT ON
H. CON. RES. 218
Para. 44.18 [ROLL NO. 161]--ON AGREEING TO THE CONFERENCE REPORT
Para. 44.19 PROVIDING FOR THE CONSIDERATION OF H.R. 2442--H. RES. 420
Para. 44.20 ADJOURNMENT OVER
Para. 44.21 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
Para. 44.22 BRITISH-AMERICAN INTERPARLIAMENTARY GROUP--APPOINTMENTS
Para. 44.23 MESSAGE FROM THE PRESIDENT--NATIONAL ENDOWMENT FOR DEMOCRACY
[[Page 2860]]
Para. 44.24 MESSAGE FROM THE PRESIDENT--FEDERAL ADVISORY COMMITTEES
Para. 44.25 SENATE BILL, JOINT RESOLUTION AND CONCURRENT RESOLUTION
REFERRED
Para. 44.26 ENROLLED BILL AND JOINT RESOLUTION SIGNED
Para. 44.27 LEAVE OF ABSENCE
Para. 44.28 ADJOURNMENT
Para. 44.29 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 44.30 PUBLIC BILLS AND RESOLUTIONS
Para. 44.31 ADDITIONAL SPONSORS
Para. 44.32 PETITIONS
MONDAY, MAY 9, 1994 (45)
Para. 45.1 APPROVAL OF THE JOURNAL
Para. 45.2 COMMUNICATIONS
Para. 45.3 MESSAGE FROM THE SENATE
Para. 45.4 SUBMISSION OF CONFERENCE REPORT--S. 2000
Para. 45.5 MESSAGE FROM THE PRESIDENT
Para. 45.6 MESSAGE FROM THE PRESIDENT--NATIONAL EMERGENCY WITH RESPECT
TO HAITI
Para. 45.7 LEAVE OF ABSENCE
Para. 45.8 ADJOURNMENT
Para. 45.9 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 45.10 PUBLIC BILLS AND RESOLUTIONS
Para. 45.11 ADDITIONAL SPONSORS
TUESDAY, MAY 10, 1994 (46)
Para. 46.1 MESSAGES FROM THE PRESIDENT
Para. 46.2 RECESS--10:55 A.M.
Para. 46.3 AFTER RECESS--12:00 NOON
Para. 46.4 COMMUNICATIONS
Para. 46.5 MESSAGE FROM THE SENATE
Para. 46.6 PERMISSION TO FILE REPORT--H.R. 4302
Para. 46.7 SOCIAL SECURITY TAXES FOR HOUSEHOLD WORKERS--H.R. 4278
Para. 46.8 JOHN MINOR WISDOM COURTHOUSE--H.R. 2868
Para. 46.9 JOHN F. KENNEDY CENTER--H.R. 3567
Para. 46.10 CLEAR CREEK COUNTY, COLORADO, LANDS--H.R. 1134
Para. 46.11 COLORADO LAND EXCHANGES--S. 341
Para. 46.12 PROVIDING FOR THE CONSIDERATION OF H.R. 2442--H. RES. 420
Para. 46.13 MESSAGE FROM THE PRESIDENT--AERONAUTICS AND SPACE ACTIVITIES
Para. 46.14 MESSAGE FROM THE PRESIDENT--HOUSING AND URBAN DEVELOPMENT
Para. 46.15 SENATE BILLS REFERRED
Para. 46.16 ENROLLED BILL SIGNED
Para. 46.17 ADJOURNMENT
Para. 46.18 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 46.19 REPORTED AMENDMENT SEQUENTIALLY REFERRED
Para. 46.20 PUBLIC BILLS AND RESOLUTIONS
Para. 46.21 MEMORIALS
Para. 46.22 ADDITIONAL SPONSORS
WEDNESDAY, MAY 11, 1994 (47)
Para. 47.1 APPROVAL OF THE JOURNAL
Para. 47.2 COMMUNICATIONS
Para. 47.3 MESSAGE FROM THE PRESIDENT
Para. 47.4 MESSAGE FROM THE SENATE
Para. 47.5 SUBMISSION OF CONFERENCE REPORT--H.R. 965
Para. 47.6 MESSAGE FROM THE PRESIDENT--FEDERAL COUNCIL ON AGING
Para. 47.7 ECONOMIC DEVELOPMENT AUTHORIZATION--H.R. 2442
Para. 47.8 RECORDED VOTE--AMENDMENT BY MR. KANJORSKI
Para. 47.9 [ROLL NO. 162]--ON AGREEING TO THE AMENDMENT
Para. 47.10 RECORDED VOTE--AMENDMENT BY MR. GOSS
[[Page 2861]]
Para. 47.11 [ROLL NO. 163]--ON AGREEING TO THE AMENDMENT
Para. 47.12 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT ON S.
2000--H. RES. 421
Para. 47.13 PROVIDING FOR THE CONSIDERATION OF H.R. 518--H. RES. 422
Para. 47.14 PROVIDING FOR THE CONSIDERATION OF H.R. 2473--H. RES. 423
Para. 47.15 HOUR OF MEETING
Para. 47.16 VIETNAM HUMAN RIGHTS DAY--S. J. RES. 168
Para. 47.17 YEARS OF THE GIRL CHILD--H. J. RES. 302
Para. 47.18 FURTHER MESSAGE FROM THE SENATE
Para. 47.19 ORDER OF BUSINESS--FURTHER POSTPONEMENT OF VOTE
Para. 47.20 SENATE ENROLLED BILL SIGNED
Para. 47.21 LEAVE OF ABSENCE
Para. 47.22 ADJOURNMENT
Para. 47.23 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 47.24 REPORTED BILL SEQUENTIALLY REFERRED
Para. 47.25 SUBSEQUENT ACTION ON REPORTED BILLS SEQUENTIALLY REFERRED
Para. 47.26 PUBLIC BILLS AND RESOLUTIONS
Para. 47.27 MEMORIALS
Para. 47.28 PRIVATE BILLS AND RESOLUTIONS
Para. 47.29 ADDITIONAL SPONSORS
Para. 47.30 DELETIONS
THURSDAY, MAY 12, 1994 (48)
Para. 48.1 APPROVAL OF THE JOURNAL
Para. 48.2 COMMUNICATIONS
Para. 48.3 MESSAGE FROM THE SENATE
Para. 48.4 ECONOMIC DEVELOPMENT AUTHORIZATION--H.R. 2442
Para. 48.5 RECORDED VOTE--AMENDMENT BY MR. HEFLEY
Para. 48.6 [ROLL NO. 164]--ON AGREEING TO THE AMENDMENT
Para. 48.7 RECORDED VOTE--AMENDMENT BY MR. HEFLEY
Para. 48.8 [ROLL NO. 165]--ON AGREEING TO THE AMENDMENT
Para. 48.9 RECORDED VOTE--RECORDED VOTE BY MR. BOEHNER
Para. 48.10 [ROLL NO. 166]--ON AGREEING TO THE AMENDMENT
Para. 48.11 RECORDED VOTE--AMENDMENT BY MR. WALKER
Para. 48.12 [ROLL NO. 167]--ON AGREEING TO THE AMENDMENT
Para. 48.13 [ROLL NO. 168]--ON PASSAGE
Para. 48.14 BANK HOLDING COMPANY--H.R. 3841
Para. 48.15 SOCIAL SECURITY--H.R. 4278
Para. 48.16 [ROLL NO. 169]--ON PASSAGE
Para. 48.17 PROVIDING FOR THE CONSIDERATION OF H.R. 2473--H. RES. 423
Para. 48.18 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT ON S.
2000--H. RES. 421
Para. 48.19 HEAD START--CONFERENCE REPORT ON S. 2000
Para. 48.20 [ROLL NO. 170]--ON AGREEING TO THE CONFERENCE REPORT
Para. 48.21 ADJOURNMENT OVER
Para. 48.22 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
Para. 48.23 ORDER OF BUSINESS--RECESS
Para. 48.24 HOUR OF MEETING
Para. 48.25 ORDER OF BUSINESS--RECESSESS
Para. 48.26 MONTANA WILDERNESS--H.R. 2473
Para. 48.27 BILLS AND JOINT RESOLUTION SIGNED
Para. 48.28 BILLS AND JOINT RESOLUTION PRESENTED TO THE PRESIDENT
Para. 48.29 LEAVE OF ABSENCE
Para. 48.30 ADJOURNMENT
Para. 48.31 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 48.32 PUBLIC BILLS AND RESOLUTIONS
Para. 48.33 MEMORIALS
Para. 48.34 PRIVATE BILLS AND RESOLUTIONS
Para. 48.35 ADDITIONAL SPONSORS
Para. 48.36 PETITIONS
Para. 48.37 DELETIONS
[[Page 2862]]
MONDAY, MAY 16, 1994 (49)
Para. 49.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 49.2 APPROVAL OF THE JOURNAL
Para. 49.3 COMMUNICATIONS
Para. 49.4 MESSAGE FROM THE SENATE
Para. 49.5 SENATE JOINT RESOLUTION REFERRED
Para. 49.6 ADJOURNMENT
Para. 49.7 PUBLIC BILLS AND RESOLUTIONS
Para. 49.8 MEMORIALS
Para. 49.9 ADDITIONAL SPONSORS
TUESDAY, MAY 17, 1994 (50)
Para. 50.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 50.2 RECESS--10:56 A.M.
Para. 50.3 AFTER RECESS--12:00 NOON
Para. 50.4 APPROVAL OF THE JOURNAL
Para. 50.5 [ROLL NO. 171]--ON APPROVAL OF THE JOURNAL
Para. 50.6 COMMUNICATIONS
Para. 50.7 MESSAGE FROM THE SENATE
Para. 50.8 COMMUNICATION FROM THE CLERK--CERTIFICATE OF ELECTION
Para. 50.9 MEMBER-ELECT SWORN IN
Para. 50.10 APPOINTMENT OF ADDITIONAL CONFEREES--H.R. 3355
Para. 50.11 TAX SIMPLIFICATION AND TECHNICAL CORRECTIONS--H.R. 3419
Para. 50.12 SOCIAL SECURITY ADMINISTRATION REFORM--H.R. 4277
Para. 50.13 SUBPOENA
Para. 50.14 SUBPOENA
Para. 50.15 COMMUNICATION FROM THE CLERK--MESSAGES FROM THE PRESIDENT
Para. 50.16 NATIONAL EMERGENCY WITH RESPECT TO IRAN
Para. 50.17 NUCLEAR PROLIFERATION
Para. 50.18 MONTANA WILDERNESS--H.R. 2473
Para. 50.19 RECORDED VOTE--AMENDMENT BY MR. DELAY
Para. 50.20 [ROLL NO. 172]--ON AGREEING TO THE AMENDMENT
Para. 50.21 RECORDED VOTE--AMENDMENT BY BRYANT
Para. 50.22 [ROLL NO. 173]--ON AGREEING TO THE AMENDMENT
Para. 50.23 [ROLL NO. 174]--ON PASSAGE
Para. 50.24 CLERK TO CORRECT ENGROSSMENT--H.R. 2473
Para. 50.25 PROVIDING FOR THE CONSIDERATION OF H.R. 518--H. RES. 422
Para. 50.26 [ROLL NO. 175]--ON ORDERING THE PREVIOUS QUESTION
Para. 50.27 [ROLL NO. 176]--ON AGREEING TO THE RESOLUTION
Para. 50.28 H.R. 4277--UNFINISHED BUSINESS
Para. 50.29 [ROLL NO. 177]--ON PASSAGE
Para. 50.30 PROVIDING FOR THE CONSIDERATION OF H.R. 2108--H. RES. 428
Para. 50.31 PROVIDING FOR THE CONSIDERATION OF H.R. 4301--H. RES. 429
Para. 50.32 SUBPOENA
Para. 50.33 CALIFORNIA DESERT PROTECTION--H.R. 518
Para. 50.34 MINERAL EXPLORATION AND DEVELOPMENT--H.R. 322
Para. 50.35 SUBPOENA
Para. 50.36 AIRPORT IMPROVEMENT--S. 2024
Para. 50.37 SENATE BILL REFERRED
Para. 50.38 SENATE ENROLLED BILLS SIGNED
Para. 50.39 BILLS AND JOINT RESOLUTION PRESENTED TO THE PRESIDENT
Para. 50.40 LEAVE OF ABSENCE
Para. 50.41 ADJOURNMENT
Para. 50.42 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 50.43 PUBLIC BILLS AND RESOLUTIONS
Para. 50.44 MEMORIALS
Para. 50.45 PRIVATE BILLS AND RESOLUTIONS
Para. 50.46 ADDITIONAL SPONSORS
WEDNESDAY, MAY 18, 1994 (51)
Para. 51.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 51.2 APPROVAL OF THE JOURNAL
[[Page 2863]]
Para. 51.3 COMMUNICATIONS
Para. 51.4 RECESS--10:03 A.M.
Para. 51.5 AFTER RECESS--12:15 P.M.
Para. 51.6 PROCEEDINGS PRINTED IN THE RECORD
Para. 51.7 PROVIDING FOR THE CONSIDERATION OF H.R. 4301--H. RES. 429
Para. 51.8 [ROLL NO. 178]--ON AGREEING TO THE RESOLUTION
Para. 51.9 MESSAGES FROM THE PRESIDENT
Para. 51.10 ORDER OF BUSINESS--CONSIDERATION OF AMENDMENT--H.R. 4301
Para. 51.11 DEFENSE DEPARTMENT AUTHORIZATION--H.R. 4301
Para. 51.12 RECORDED VOTE--AMENDMENT BY MR. MEEHAN
Para. 51.13 [ROLL NO. 179]--ON AGREEING TO THE AMENDMENT
Para. 51.14 RECORDED VOTE--AMENDMENT BY MR. BRYANT
Para. 51.15 [ROLL NO. 180]--ON AGREEING TO THE AMENDMENT
Para. 51.16 OLYMPICS TORCH RELAY--H. CON. RES. 236
Para. 51.17 NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION
AUTHORIZATION--H.R. 2139
Para. 51.18 CANADA-U.S. INTERPARLIAMENTARY GROUP--APPOINTMENTS
Para. 51.19 MESSAGE FROM THE PRESIDENT--NATIONAL ENDOWMENT FOR THE
HUMANITIES
Para. 51.20 MESSAGE FROM THE PRESIDENT--CORPORATION FOR PUBLIC
BROADCASTING
Para. 51.21 SUBPOENA
Para. 51.22 LEAVE OF ABSENCE
Para. 51.23 ADJOURNMENT
Para. 51.24 OATH OF OFFICE/MEMBERS,RESIDENT COMMISSIONERS AND DELEGATES
Para. 51.25 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 51.26 PUBLIC BILLS AND RESOLUTIONS
Para. 51.27 MEMORIALS
Para. 51.28 ADDITIONAL SPONSORS
Para. 51.29 PETITIONS
Para. 51.30 DELETIONS
THURSDAY, MAY 19, 1994 (52)
Para. 52.1 APPROVAL OF THE JOURNAL
Para. 52.2 COMMUNICATIONS
Para. 52.3 RECESS FOR RECEPTION OF FORMER MEMBERS--9:32 A.M.
Para. 52.4 AFTER RECESS--11:05 A.M.
Para. 52.5 MESSAGE FROM THE SENATE
Para. 52.6 PROCEEDINGS DURING RECESS
Para. 52.7 SUBMISSION OF CONFERENCE REPORT--S. 24
Para. 52.8 PROVIDING FOR THE CONSIDERATION OF H.R. 2108--H. RES. 428
Para. 52.9 BLACK LUNG BENEFITS--H. R. 2108
Para. 52.10 RECORDED VOTE--AMENDMENT BY MR. BOEHNER
Para. 52.11 [ROLL NO. 181]--ON AGREEING TO THE AMENDMENT
Para. 52.12 FURTHER MESSAGE FROM THE SENATE
Para. 52.13 RECORDED VOTE--AMENDMENT BY MR. FAWELL
Para. 52.14 [ROLL NO. 182]--ON AGREEING TO THE AMENDMENT
Para. 52.15 RECORDED VOTE--AMENDMENT BY MR. ARMEY
Para. 52.16 [ROLL NO. 183]--ON AGREEING TO THE AMENDMENT
Para. 52.17 RECORDED VOTE--AMENDMENT BY MR. BARRETT OF NEBRASKA
Para. 52.18 [ROLL NO. 184]--ON AGREEING TO THE AMENDMENT
Para. 52.19 RECORDED VOTE--AMENDMENT BY MR. BOEHNER
Para. 52.20 [ROLL NO. 185]--ON AGREEING TO THE AMENDMENT
Para. 52.21 [ROLL NO. 185]--ON PASSAGE
Para. 52.22 DOD APPROPRIATIONS--H.R. 4453
Para. 52.23 LEGISLATIVE BRANCH APPROPRIATIONS--H.R. 4454
Para. 52.24 NUTRITION LABELING AND EDUCATION--S. 2087
Para. 52.25 DOD AUTHORIZATION--H.R. 4301
Para. 52.26 RECORDED VOTE--AMENDMENT BY MR. FRANK
Para. 52.27 [ROLL NO. 186]--ON AGREEING TO THE AMENDMENT
Para. 52.28 COMMITTEE RESIGNATION--MAJORITY
[[Page 2864]]
Para. 52.29 COMMITTEE RESIGNATION--MAJORITY
Para. 52.30 COMMITTEES--MAJORITY
Para. 52.31 ENROLLED BILL SIGNED
Para. 52.32 SENATE ENROLLED BILL AND JOINT RESOLUTION SIGNED
Para. 52.33 LEAVE OF ABSENCE
Para. 52.34 ADJOURNMENT
Para. 52.35 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 52.36 PUBLIC BILLS AND RESOLUTIONS
Para. 52.37 ADDITIONAL SPONSORS
FRIDAY, MAY 20, 1994 (53)
Para. 53.1 APPROVAL OF THE JOURNAL
Para. 53.2 COMMUNICATIONS
Para. 53.3 ORDER OF BUSINESS--CONSIDERATION OF AMENDMENTS--H.R. 4301
Para. 53.4 DOD AUTHORIZATION--H.R. 4301
Para. 53.5 RECORDED VOTE--AMENDMENT BY MR. DICKS
Para. 53.6 [ROLL NO. 188]--ON AGREEING TO THE AMENDMENT
Para. 53.7 RECORDED VOTE--AMENDMENT BY MR. PENNY
Para. 53.8 [ROLL NO. 189]--ON AGREEING TO THE AMENDMENT
Para. 53.9 RECORDED VOTE--AMENDMENT BY MR. KENNEDY
Para. 53.10 [ROLL NO. 190]--ON AGREEING TO THE AMENDMENT
Para. 53.11 APPOINTMENT OF ADDITIONAL CONFEREES--H.R. 322
Para. 53.12 MESSAGE FROM THE SENATE
Para. 53.13 RECESS--2:12 P.M.
Para. 53.14 AFTER RECESS--2:30 P.M.
Para. 53.15 PERMISSION TO FILE REPORT--H.R. 4301
Para. 53.16 ADJOURNMENT OVER
Para. 53.17 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
Para. 53.18 SENATE BILL REFERRED
Para. 53.19 SENATE ENROLLED BILL SIGNED
Para. 53.20 LEAVE OF ABSENCE
Para. 53.21 ADJOURNMENT
Para. 53.22 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 53.23 PUBLIC BILLS AND RESOLUTIONS
Para. 53.24 MEMORIALS
Para. 53.25 ADDITIONAL SPONSORS
MONDAY, MAY 23, 1994 (54)
Para. 54.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 54.2 RECESS--10:45 A.M.
Para. 54.3 AFTER RECESS--12:00 NOON
Para. 54.4 APPROVAL OF THE JOURNAL
Para. 54.5 COMMUNICATIONS
Para. 54.6 MESSAGES FROM THE PRESIDENT
Para. 54.7 MESSAGE FROM THE SENATE
Para. 54.8 MESSAGE FROM THE PRESIDENT--NATIONAL EMERGENCY WITH RESPECT
TO HAITI
Para. 54.9 MESSAGE FROM THE PRESIDENT--CHEMICAL AND BIOLOGICAL WEAPONS
Para. 54.10 VA MEDICAL CONSTRUCTION--H.R. 4425
Para. 54.11 NATIVE AMERICAN LAWS TECHNICAL CORRECTIONS--S. 1654
Para. 54.12 NATIONAL SILVER HAIRED CONGRESS--H. CON. RES. 176
Para. 54.13 JUNIOR DUCK STAMP CONSERVATION PROGRAM--H.R. 3679
Para. 54.14 OCEAN DUMPING OF RADIOACTIVE BAN--H.R. 3982
Para. 54.15 PERMISSION TO FILE REPORT--H.R. 4003
Para. 54.16 CHILD SAFETY PROTECTION--CONFERENCE REPORT ON H.R. 965
Para. 54.17 MINORITY HEALTH IMPROVEMENT--H.R. 3869
Para. 54.18 WASHINGTON SOAP BOX DERBY--H. CON. RES. 238
Para. 54.19 SAM B. HALL, JR. COURTHOUSE--H.R. 3840
Para. 54.20 BRIEN MCMAHON FEDERAL BUILDING--H.R. 3724
[[Page 2865]]
Para. 54.21 MEDGAR WILEY EVERS POST OFFICE--H.R. 3868
Para. 54.22 ROY M. WHEAT POST OFFICE--H.R. 3839
Para. 54.23 JOHN LONGO, JR. POST OFFICE--H.R. 3984
Para. 54.24 CANDACE WHITE POST OFFICE--H.R. 4177
Para. 54.25 ALVARO DE LUGO POST OFFICE--H.R. 4190
Para. 54.26 AUBREY C. OTTLELY POST OFFICE--H.R. 4191
Para. 54.27 RECESS--3:08 P.M.
Para. 54.28 AFTER RECESS--4:17 P.M.
Para. 54.29 NAVAL VESSELS TRANSFER--H.R. 4429
Para. 54.30 MESSAGE FROM THE PRESIDENT
Para. 54.31 PROVIDING FOR THE FURTHER CONSIDERATION OF H.R. 4301--H.
RES. 431
Para. 54.32 WAIVING POINTS OF ORDER AGAINST H.R. 4453--H. RES. 433
Para. 54.33 PERMISSION TO FILE REPORT--FOREIGN OPERATIONS APPROPRIATIONS
FY 1995
Para. 54.34 DOD AUTHORIZATION--4301
Para. 54.35 RECORDED VOTE--AMENDMENT BY MR. SOLOMON
Para. 54.36 [ROLL NO. 191]--ON AGREEING TO THE AMENDMENT
Para. 54.37 RECORDED VOTE--AMENDMENT BY MR. DELLUMS
Para. 54.38 [ROLL NO. 192]--ON AGREEING TO THE AMENDMENT
Para. 54.39 DOD AUTHORIZATION--H.R. 4301
Para. 54.40 MODIFICATION OF CONFEREES--H.R. 3474
Para. 54.41 APPOINTMENT OF ADDITIONAL CONFEREES--H.R. 3355
Para. 54.42 MESSAGE FROM THE PRESIDENT--ATOMIC ENERGY AGREEMENT
Para. 54.43 QUESTION OF ORDER OF THE HOUSE
Para. 54.44 LEAVE OF ABSENCE
Para. 54.45 ADJOURNMENT
Para. 54.46 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 54.47 PUBLIC BILLS AND RESOLUTIONS
Para. 54.48 MEMORIALS
Para. 54.49 ADDITIONAL SPONSORS
TUESDAY, MAY 24, 1994 (55)
Para. 55.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 55.2 RECESS--11:02 A.M.
Para. 55.3 AFTER RECESS--12:00 NOON
Para. 55.4 APPROVAL OF THE JOURNAL
Para. 55.5 COMMUNICATIONS
Para. 55.6 MESSAGE FROM THE SENATE
Para. 55.7 WAIVING POINTS OF ORDER AGAINST H.R. 4453--H. RES. 433
Para. 55.8 MILITARY CONSTRUCTION APPROPRIATIONS--H.R. 4453
Para. 55.9 [ROLL NO. 193]--ON PASSAGE
Para. 55.10 50TH ANNIVERSARY OF WORLD WAR II--H. J. RES. 315
Para. 55.11 NATIONAL MEN'S HEALTH WEEK--S. J. RES. 179
Para. 55.12 UNFINISHED BUSINESS--APPROVAL OF THE JOURNAL
Para. 55.13 ORDER OF BUSINESS--CONSIDERATION OF AMENDMENT--H.R. 4301
Para. 55.14 DOD AUTHORIZATION--H.R. 4301
Para. 55.15 RECORDED VOTE--AMENDMENT BY MR. HANSEN
Para. 55.16 [ROLL NO. 194]--ON AGREEING TO THE AMENDMENT
Para. 55.17 ORDER OF BUSINESS--CONSIDERATION OF AMENDMENT--H.R. 4301
Para. 55.18 DOD AUTHORIZATION--H.R. 4301
Para. 55.19 RECORDED VOTE--AMENDMENT BY MS. HARMAN
Para. 55.20 [ROLL NO. 195]--ON AGREEING TO THE AMENDMENT
Para. 55.21 ORDER OF BUSINESS--CONSIDERATION OF AMENDMENT--H.R. 4301
Para. 55.22 ORDER OF BUSINESS--CONSIDERATION OF AMENDMENTS--H.R. 4301
Para. 55.23 DOD AUTHORIZATION--H.R. 4301
Para. 55.24 RECORDED VOTE--SUBSTITUTE AMENDMENT BY MR. DELLUMS TO
AMENDMENT BY MR. GOSS
Para. 55.25 [ROLL NO. 196]--ON AGREEING TO THE SUBSTITUTE AMENDMENT
Para. 55.26 RECORDED VOTE--FOREGOING AMENDMENT BY MR. GOSS
Para. 55.27 [ROLL NO. 197]--ON AGREEING TO THE FOREGOING AMENDMENT
[[Page 2866]]
Para. 55.28 RECORDED VOTE--AMENDMENT BY MR. SPENCE
Para. 55.29 [ROLL NO. 198]--ON AGREEING TO THE AMENDMENT
Para. 55.30 PUBLIC WORKS PROJECTS
Para. 55.31 NOTICE REQUIREMENT--CONSIDERATION OF RESOLUTION--H. RES. 436
Para. 55.32 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT ON S 24--
H. RES. 439
Para. 55.33 PROVIDING FOR THE CONSIDERATION OF H.R. 4385--H. RES. 440
Para. 55.34 PROVIDING FOR THE CONSIDERATION OF A CERTAIN RESOLUTION--H.
RES. 441
Para. 55.35 LEAVE OF ABSENCE
Para. 55.36 ADJOURNMENT
Para. 55.37 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 55.38 PUBLIC BILLS AND RESOLUTIONS
Para. 55.39 ADDITIONAL SPONSORS
WEDNESDAY, MAY 25, 1994 (56)
Para. 56.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 56.2 APPROVAL OF THE JOURNAL
Para. 56.3 COMMUNICATIONS
Para. 56.4 COMMITTEE ELECTION--MINORITY
Para. 56.5 BLIND INDIVIDUALS ELIGIBILITY TO SERVE AS JURORS--H.R. 4205
Para. 56.6 FORMER SPOUSES OF JUDGES EQUITY--H.R. 3676
Para. 56.7 PROVIDING FOR THE CONSIDERATION OF H.R. 4385--H. RES. 440
Para. 56.8 NATIONAL HIGHWAY SYSTEM DESIGNATION--H.R. 4385
Para. 56.9 RECORDED VOTE--AMENDMENT BY MR. CLEMENT
Para. 56.10 [ROLL NO. 199]--ON AGREEING TO THE AMENDMENT
Para. 56.11 [ROLL NO. 200]--ON PASSAGE
Para. 56.12 MESSAGE FROM THE SENATE
Para. 56.13 PROVIDING FOR CONSIDERATION OF A CERTAIN RESOLUTION--H. RES.
441
Para. 56.14 [ROLL NO. 201]--ON AGREEING TO THE RESOLUTION
Para. 56.15 PROVIDING FOR THE CONSIDERATION OF H.R. 4426--H. RES. 443
Para. 56.16 PROVIDING FOR THE CONSIDERATION OF H.R. 4426--H. RES. 443
Para. 56.17 [ROLL NO. 202]--ON ORDERING THE PREVIOUS QUESTION
Para. 56.18 [ROLL NO. 203]--ON AGREEING TO THE RESOLUTION
Para. 56.19 MESSAGE FROM THE PRESIDENT
Para. 56.20 FOREIGN AID APPROPRIATIONS--H.R. 4426
Para. 56.21 RECORDED VOTE--COMMITTEE AMENDMENT
Para. 56.22 [ROLL NO. 204]--ON AGREEING TO THE COMMITTEE AMENDMENT
Para. 56.23 RECORDED VOTE--AMENDMENT BY MR. CALLAHAN
Para. 56.24 [ROLL NO. 205]--ON AGREEING TO THE AMENDMENT
Para. 56.25 MESSAGE FROM THE PRESIDENT--NATIONAL EMERGENCY WITH RESPECT
TO YUGOSLAVIA
Para. 56.26 RECESS--6:47 P.M.
Para. 56.27 AFTER RECESS--7:30 P.M.
Para. 56.28 FURTHER MESSAGE FROM THE SENATE
Para. 56.29 FOREIGN AID APPROPRIATIONS--H.R. 4426
Para. 56.30 RECORDED VOTE--AMENDMENT BY MR. BURTON
Para. 56.31 [ROLL NO. 206]--ON AGREEING TO THE AMENDMENT
Para. 56.32 RECORDED VOTE--AMENDMENT BY MR. BEILENSON
Para. 56.33 [ROLL NO. 207]--ON AGREEING TO THE AMENDMENT
Para. 56.34 [ROLL NO. 208]--ON PASSAGE
Para. 56.35 CLERK TO CORRECT ENGROSSMENT--H.R. 4426
Para. 56.36 U.S. GROUP OF THE NORTH ATLANTIC ASSEMBLY--APPOINTMENTS
Para. 56.37 RECESS--11:34 P.M.
THURSDAY, MAY 26 (LEGISLATIVE DAY OF MAY 25), 1994
Para. 56.38 AFTER RECESS--12:14 A.M.
Para. 56.39 PROVIDING FOR THE CONSIDERATION OF H.R. 4454--H. RES. 444
Para. 56.40 LEAVE OF ABSENCE
Para. 56.41 MOTION TO ADJOURN
Para. 56.42 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
[[Page 2867]]
Para. 56.43 SUBSEQUENT ACTION ON REPORTED BILL SEQUENTIALLY REFERRED
Para. 56.44 PUBLIC BILLS AND RESOLUTIONS
Para. 56.45 MEMORIALS
Para. 56.46 PRIVATE BILLS AND RESOLUTIONS
Para. 56.47 ADDITIONAL SPONSORS
Para. 56.48 DELETIONS
THURSDAY, MAY 26, 1994 (57)
Para. 57.1 APPROVAL OF THE JOURNAL
Para. 57.2 [ROLL NO. 209]--ON APPROVAL OF THE JOURNAL
Para. 57.3 COMMUNICATIONS
Para. 57.4 COMMUNICATION FROM THE CLERK--CERTIFICATE OF ELECTION
Para. 57.5 MEMBER-ELECT SWORN IN
Para. 57.6 PROVIDING FOR THE ADJOURNMENT OF THE TWO HOUSES--S. CON. RES.
70
Para. 57.7 MESSAGE FROM THE SENATE
Para. 57.8 CONFEREE RESIGNATION--H.R. 3841
Para. 57.9 CHANGE OF CONFEREE--H.R. 3841
Para. 57.10 PROVIDING FOR THE CONSIDERATION OF H.R. 4454--H. RES. 444
Para. 57.11 [ROLL NO. 210]--ON AGREEING TO THE RESOLUTION
Para. 57.12 LEGISLATIVE BRANCH APPROPRIATIONS--H.R. 4454
Para. 57.13 RECORDED VOTE--AMENDMENT BY MRS. THURMAN
Para. 57.14 [ROLL NO. 211]--ON AGREEING TO THE AMENDMENT
Para. 57.15 RECORDED VOTE--AMENDMENT BY MR. POMEROY
Para. 57.16 [ROLL NO. 212]--ON AGREEING TO THE AMENDMENT
Para. 57.17 RECORDED VOTE--AMENDMENT BY MR. BEREUTER
Para. 57.18 [ROLL NO. 213]--ON AGREEING TO THE AMENDMENT
Para. 57.19 RECORDED VOTE--AMENDMENT BY MR. BOEHNER
Para. 57.20 [ROLL NO. 214]--ON AGREEING TO THE AMENDMENT
Para. 57.21 [ROLL NO. 215]--ON MOTION TO RECOMMIT WITH INSTRUCTIONS
Para. 57.22 [ROLL NO. 216]--ON PASSAGE
Para. 57.23 ENERGY AND WATER APPROPRIATIONS, FISCAL YEAR 1995--H.R. 4506
Para. 57.24 PERMISSION TO FILE REPORT--H.R. 4539
Para. 57.25 PERMISSION TO FILE REPORT--H.R. 8
Para. 57.26 SPEAKER AND MINORITY LEADER TO ACCEPT RESIGNATIONS, APPOINT
COMMISSIONS
Para. 57.27 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
Para. 57.28 NOTICE REQUIREMENT--CONSIDERATION OF RESOLUTION--H. RES. 436
Para. 57.29 DESIGNATION OF SPEAKER PRO TEMPORE TO SIGN ENROLLMENTS
Para. 57.30 SENATE BILL REFERRED
Para. 57.31 ENROLLED BILLS SIGNED
Para. 57.32 SENATE ENROLLED BILL AND JOINT RESOLUTION SIGNED
Para. 57.33 LEAVE OF ABSENCE
Para. 57.34 ADJOURNMENT
Para. 57.35 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 57.36 PUBLIC BILLS AND RESOLUTIONS
Para. 57.37 PRIVATE BILLS AND RESOLUTIONS
Para. 57.38 ADDITIONAL SPONSORS
WEDNESDAY, JUNE 8, 1994 (58)
Para. 58.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 58.2 APPROVAL OF THE JOURNAL
Para. 58.3 COMMUNICATIONS
Para. 58.4 RECEIPT OF LETTER FROM COMMITTEE CHAIRMAN
Para. 58.5 MESSAGES FROM THE PRESIDENT
Para. 58.6 QUESTION OF ORDER OF THE HOUSE
Para. 58.7 ORDER OF BUSINESS--CONSIDERATION OF H.R. 4301
Para. 58.8 ORDER OF BUSINESS--CONSIDERATION OF AMENDMENTS--H.R. 4301
Para. 58.9 MESSAGE FROM THE PRESIDENT--SOUTH AFRICA INTERIM GOVERNMENT
Para. 58.10 MESSAGE FROM THE PRESIDENT--IMPOUNDMENT CONTROL
[[Page 2868]]
Para. 58.11 MESSAGE FROM THE PRESIDENT--COMMODITY CREDIT CORPORATION
Para. 58.12 SUBPOENA
Para. 58.13 SUBPOENA
Para. 58.14 SUBPOENA
Para. 58.15 RECESS--12:59 P.M.
Para. 58.16 AFTER RECESS--3:49 P.M.
Para. 58.17 DOD AUTHORIZATION--H.R. 4301
Para. 58.18 RECORDED VOTE--AMENDMENT BY MR. SOLOMON
Para. 58.19 [ROLL NO. 217]--ON AGREEING TO THE AMENDMENT
Para. 58.20 RECORDED VOTE--AMENDMENT BY MR. KOPETSKI
Para. 58.21 [ROLL NO. 218]--ON AGREEING TO THE AMENDMENT
Para. 58.22 RECORDED VOTE--AMENDMENT BY MS. HARMAN
Para. 58.23 [ROLL NO. 219]--ON AGREEING TO THE AMENDMENT
Para. 58.24 RECORDED VOTE--AMENDMENT, AS MODIFIED, BY MR. MARKEY
Para. 58.25 [ROLL NO. 220]--ON AGREEING TO THE AMENDMENT, AS MODIFIED
Para. 58.26 RECORDED VOTE--AMENDMENT BY MR. KASICH
Para. 58.27 [ROLL NO. 221]--ON AGREEING TO THE AMENDMENT
Para. 58.28 PROVIDING FOR THE CONSIDERATION OF H.R. 4539--H. RES. 447
Para. 58.29 LEAVE OF ABSENCE
Para. 58.30 ADJOURNMENT
Para. 58.31 OATH OF OFFICE/RESIDENT COMMISSIONERS AND DELEGATES
Para. 58.32 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 58.33 REPORTED BILL SEQUENTIALLY REFERRED
Para. 58.34 PUBLIC BILLS AND RESOLUTIONS
Para. 58.35 MEMORIALS
Para. 58.36 PRIVATE BILLS AND RESOLUTIONS
Para. 58.37 ADDITIONAL SPONSORS
Para. 58.38 DELETIONS
THURSDAY, JUNE 9, 1994 (59)
Para. 59.1 APPROVAL OF THE JOURNAL
Para. 59.2 COMMUNICATIONS
Para. 59.3 MESSAGE FROM THE SENATE
Para. 59.4 RECESS--10:31 A.M.
Para. 59.5 AFTER RECESS--10:38 A.M.
Para. 59.6 DOD AUTHORIZATION--H.R. 4301
Para. 59.7 RECORDED VOTE--AMENDMENT BY MR. MCCLOSKEY
Para. 59.8 [ROLL NO. 222]--ON AGREEING TO THE AMENDMENT
Para. 59.9 RECORDED VOTE--AMENDMENT BY MR. HAMILTON
Para. 59.10 [ROLL NO. 223]--ON AGREEING TO THE AMENDMENT
Para. 59.11 [ROLL NO. 224]--SEPARATE VOTE ON AGREEING TO THE AMENDMENT
BY MR. GOSS
Para. 59.12 [ROLL NO. 225]--ON MOTION TO RECOMMIT WITH INSTRUCTIONS
Para. 59.13 [ROLL NO. 226]--ON PASSAGE
Para. 59.14 CLERK TO CORRECT ENGROSSMENT--H.R. 4301
Para. 59.15 PERMISSION TO FILE REPORT--H.R. 4556
Para. 59.16 PERMISSION TO FILE REPORT--H.R. 4554
Para. 59.17 WAIVING POINTS OF ORDER AGAINST H.R. 4506--H. RES. 449
Para. 59.18 WAIVING POINTS OF ORDER AGAINST H.R. 4539--H. RES. 447
Para. 59.19 [ROLL NO. 227]--ON AGREEING TO THE RESOLUTION
Para. 59.20 HOUSE POST OFFICE MATTER--H. RES. 450
Para. 59.21 [ROLL NO. 228]--ON AGREEING TO THE RESOLUTION
Para. 59.22 SENATE BILLS REFERRED
Para. 59.23 LEAVE OF ABSENCE
Para. 59.24 ADJOURNMENT
Para. 59.25 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 59.26 REPORTED BILL SEQUENTIALLY REFERRED
Para. 59.27 PUBLIC BILLS AND RESOLUTIONS
Para. 59.28 MEMORIALS
[[Page 2869]]
Para. 59.29 PRIVATE BILLS AND RESOLUTIONS
Para. 59.30 ADDITIONAL SPONSORS
Para. 59.31 PETITIONS
Para. 59.32 DELETIONS
FRIDAY, JUNE 10, 1994 (60)
Para. 60.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 60.2 APPROVAL OF THE JOURNAL
Para. 60.3 COMMUNICATIONS
Para. 60.4 CALIFORNIA DESERT PROTECTION--H.R. 518
Para. 60.5 RECORDED VOTE--AMENDMENT BY MR. THOMAS OF CALIFORNIA, AS
AMENDED BY THE AMENDMENT BY MR. MILLER OF CALIFORNIA
Para. 60.6 [ROLL NO. 229]--ON AGREEING TO THE AMENDMENT, AS AMENDED
Para. 60.7 RECORDED VOTE--AMENDMENT BY MR. HUNTER
Para. 60.8 [ROLL NO. 230]--ON AGREEING TO THE AMENDMENT
Para. 60.9 RECORDED VOTE--AMENDMENT BY MR. POMBO
Para. 60.10 [ROLL NO. 231]--ON AGREEING TO THE AMENDMENT
Para. 60.11 ADJOURNMENT OVER
Para. 60.12 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
Para. 60.13 QUESTION OF ORDER OF THE HOUSE
Para. 60.14 MESSAGE FROM THE PRESIDENT
Para. 60.15 MESSAGE FROM THE PRESIDENT--HAITIAN PROPERTY
Para. 60.16 BILLS PRESENTED TO THE PRESIDENT
Para. 60.17 LEAVE OF ABSENCE
Para. 60.18 ADJOURNMENT
Para. 60.19 PUBLIC BILLS AND RESOLUTIONS
Para. 60.20 MEMORIALS
Para. 60.21 PRIVATE BILLS AND RESOLUTIONS
Para. 60.22 ADDITIONAL SPONSORS
MONDAY, JUNE 13, 1994 (61)
Para. 61.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 61.2 RECESS--10:37 A.M.
Para. 61.3 AFTER RECESS--12:00 NOON
Para. 61.4 APPROVAL OF THE JOURNAL
Para. 61.5 COMMUNICATIONS
Para. 61.6 WOMEN'S BUREAU IN THE VA--H.R. 3013
Para. 61.7 BOARD OF VETERANS' APPEAL--S. 1904
Para. 61.8 PANAMA CANAL COMMISSION AUTHORIZATION--H.R. 4246
Para. 61.9 CONSUMER REPORTING REFORM--H.R. 1015
Para. 61.10 RECESS--12:50 P.M.
Para. 61.11 AFTER RECESS--4:05 P.M.
Para. 61.12 CALIFORNIA DESERT PROTECTION--H.R. 518
Para. 61.13 RECORDED VOTE--AMENDMENT OF MR. MCCANDLESS TO THE AMENDMENT
BY MR. HUNTER
Para. 61.14 [ROLL NO. 232]--ON AGREEING TO THE AMENDMENT TO THE
AMENDMENT
Para. 61.15 RECORDED VOTE--SUBSTITUTE AMENDMENT BY MR. VENTO TO THE
FOREGOING AMENDMENT BY MR. HUNTER, AS AMENDED
Para. 61.16 [ROLL NO. 233]--ON AGREEING TO THE SUBSTITUTE AMENDMENT TO
THE AMENDMENT, AS AMENDED
Para. 61.17 NATIONAL EDUCATION GOALS PANEL
Para. 61.18 SENATE BILL REFERRED
Para. 61.19 LEAVE OF ABSENCE
Para. 61.20 ADJOURNMENT
Para. 61.21 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 61.22 REPORTED BILL SEQUENTIALLY REFERRED
Para. 61.23 PUBLIC BILLS AND RESOLUTIONS
Para. 61.24 ADDITIONAL SPONSORS
TUESDAY, JUNE 14, 1994 (62)
Para. 62.1 MESSAGE FROM THE PRESIDENT
Para. 62.2 MESSAGE FROM THE SENATE
[[Page 2870]]
Para. 62.3 ``MORNING HOUR'' DEBATES
Para. 62.4 RECESS--11:10 A.M.
Para. 62.5 AFTER RECESS--12:00 NOON
Para. 62.6 APPROVAL OF THE JOURNAL
Para. 62.7 COMMUNICATIONS
Para. 62.8 WAIVING POINTS OF ORDER AGAINST H.R. 4506--H. RES. 449
Para. 62.9 MESSAGE FROM THE PRESIDENT--FEDERAL PREVAILING RATE ADVISORY
COMMITTEE
Para. 62.10 ENERGY AND WATER DEVELOPMENT APPROPRIATIONS--H.R. 4506
Para. 62.11 RECORDED VOTE--AMENDMENT BY MS. BYRNE
Para. 62.12 [ROLL NO. 234]--ON AGREEING TO THE AMENDMENT
Para. 62.13 [ROLL NO. 235]--ON PASSAGE
Para. 62.14 WAIVING POINTS OF ORDER AGAINST H.R. 4556--H. RES. 454
Para. 62.15 SENATE BILL REFERRED
Para. 62.16 LEAVE OF ABSENCE
Para. 62.17 ADJOURNMENT
Para. 62.18 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 62.19 REPORTED BILL SEQUENTIALLY REFERRED
Para. 62.20 PUBLIC BILLS AND RESOLUTIONS
Para. 62.21 MEMORIALS
Para. 62.22 ADDITIONAL SPONSORS
Para. 62.23 PETITIONS
WEDNESDAY, JUNE 15, 1994 (63)
Para. 63.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 63.2 APPROVAL OF THE JOURNAL
Para. 63.3 COMMUNICATIONS
Para. 63.4 MESSAGE FROM THE SENATE
Para. 63.5 TREASURY AND POSTAL SERVICE APPROPRIATIONS--H.R. 4539
Para. 63.6 RECORDED VOTE--AMENDMENT BY MR. GOSS
Para. 63.7 [ROLL NO. 236]--ON AGREEING TO THE AMENDMENT
Para. 63.8 RECORDED VOTE--AMENDMENT BY MR. BURTON
Para. 63.9 [ROLL NO. 237]--ON AGREEING TO THE AMENDMENT
Para. 63.10 RECORDED VOTE--AMENDMENT BY MR. BARTLETT
Para. 63.11 [ROLL NO. 238]--ON AGREEING TO THE AMENDMENT
Para. 63.12 RECORDED VOTE--AMENDMENT BY MR. HEFLEY
Para. 63.13 [ROLL NO. 239]--ON AGREEING TO THE AMENDMENT
Para. 63.14 RECORDED VOTE--AMENDMENT BY MR. ISTOOK
Para. 63.15 [ROLL NO. 240]--ON AGREEING TO THE AMENDMENT
Para. 63.16 RECORDED VOTE--AMENDMENT BY MR. LIVINGSTON
Para. 63.17 [ROLL NO. 241]--ON AGREEING TO THE AMENDMENT
Para. 63.18 RECORDED VOTE--SUBSTITUTE AMENDMENT BY MR. POMEROY FOR THE
AMENDMENT BY MR. ISTOOK
Para. 63.19 [ROLL NO. 242]--ON AGREEING TO THE SUBSTITUTE AMENDMENT TO
THE AMENDMENT
Para. 63.20 RECORDED VOTE--FOREGOING AMENDMENT BY MR. ISTOOK, AS AMENDED
Para. 63.21 [ROLL NO. 243]--ON FOREGOING AMENDMENT, AS AMENDED
Para. 63.22 RECORDED VOTE--AMENDMENT BY MR. FAWELL
Para. 63.23 [ROLL NO. 244]--ON AGREEING TO THE AMENDMENT
Para. 63.24 RECORDED VOTE--AMENDMENT BY MR. FAWELL
Para. 63.25 [ROLL NO. 245]--ON AGREEING TO THE AMENDMENT
Para. 63.26 MOTION TO RISE AND REPORT
Para. 63.27 [ROLL NO. 246]--ON MOTION TO RISE AND REPORT
Para. 63.28 [ROLL NO. 247]--ON PASSAGE
Para. 63.29 WAIVING POINTS OF ORDER AGAINST H.R. 4554--H. RES. 455
Para. 63.30 COMMITTEE ELECTION--MINORITY
Para. 63.31 NOTICE REQUIREMENT--MOTION TO INSTRUCT CONFEREES--H.R. 3355
Para. 63.32 ENROLLED BILLS SIGNED
Para. 63.33 LEAVE OF ABSENCE
Para. 63.34 ADJOURNMENT
Para. 63.35 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
[[Page 2871]]
Para. 63.36 PUBLIC BILLS AND RESOLUTIONS
Para. 63.37 MEMORIALS
Para. 63.38 PRIVATE BILLS AND RESOLUTIONS
Para. 63.39 ADDITIONAL SPONSORS
Para. 63.40 DELETIONS
THURSDAY, JUNE 16, 1994 (64)
Para. 64.1 APPROVAL OF THE JOURNAL
Para. 64.2 COMMUNICATIONS
Para. 64.3 MESSAGE FROM THE SENATE
Para. 64.4 PERISHABLE AGRICULTURAL COMMODITIES--H.R. 4581
Para. 64.5 WAIVING POINTS OF ORDER AGAINST H.R. 4554--H. RES. 454
Para. 64.6 [ROLL NO. 248]--ON ORDERING THE PREVIOUS QUESTION
Para. 64.7 [ROLL NO. 249]--ON AGREEING TO THE RESOLUTION
Para. 64.8 TRANSPORTATION APPROPRIATIONS--H.R. 4556
Para. 64.9 RECORDED VOTE--AMENDMENT BY MR. KASICH
Para. 64.10 [ROLL NO. 250]--ON AGREEING TO THE AMENDMENT
Para. 64.11 RECORDED VOTE--AMENDMENT BY MR. HEFLEY
Para. 64.12 [ROLL NO. 251]--ON AGREEING TO THE AMENDMENT
Para. 64.13 [ROLL NO. 252]--ON PASSAGE
Para. 64.14 CLERK TO CORRECT ENGROSSMENT--H.R. 4556
Para. 64.15 HOUR OF MEETING
Para. 64.16 WAIVING POINTS OF ORDER AGAINST H.R. 4554--H. RES. 455
Para. 64.17 MOTION TO INSTRUCT CONFEREES--H.R. 3355
Para. 64.18 [ROLL NO. 253]--ON AGREEING TO THE MOTION
Para. 64.19 AGRICULTURAL APPROPRIATIONS--H.R. 4554
Para. 64.20 SENATE JOINT RESOLUTION REFERRED
Para. 64.21 LEAVE OF ABSENCE
Para. 64.22 ADJOURNMENT
Para. 64.23 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 64.24 PUBLIC BILLS AND RESOLUTIONS
Para. 64.25 ADDITIONAL SPONSORS
Para. 64.26 DELETIONS
FRIDAY, JUNE 17, 1994 (65)
Para. 65.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 65.2 APPROVAL OF THE JOURNAL
Para. 65.3 COMMUNICATIONS
Para. 65.4 AGRICULTURE APPROPRIATIONS--H.R. 4554
Para. 65.5 RECORDED VOTE--AMENDMENT BY MR. BURTON
Para. 65.6 [ROLL NO. 254]--ON AGREEING TO THE AMENDMENT
Para. 65.7 MOTION TO RISE AND REPORT
Para. 65.8 [ROLL NO. 255]--ON MOTION TO RISE AND REPORT
Para. 65.9 [ROLL NO. 256]--ON PASSAGE
Para. 65.10 PERMISSION TO FILE REPORT--INTERIOR APPROPRIATIONS FY 1995
Para. 65.11 ORDER OF BUSINESS--CONSIDERATION OF H.R. 4568
Para. 65.12 ADJOURNMENT OVER
Para. 65.13 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
Para. 65.14 PERMISSION TO FILE REPORT--H.R. 2238
Para. 65.15 HONORING JAMES NORMAN HALL--H. CON. RES. 215
Para. 65.16 LEAVE OF ABSENCE
Para. 65.17 ADJOURNMENT
Para. 65.18 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 65.19 REPORTED BILL SEQUENTIALLY REFERRED
Para. 65.20 PUBLIC BILLS AND RESOLUTIONS
Para. 65.21 PRIVATE BILLS AND RESOLUTIONS
Para. 65.22 ADDITIONAL SPONSORS
[[Page 2872]]
TUESDAY, JUNE 21, 1994 (66)
Para. 66.1 RECESS--11:13 A.M.
Para. 66.2 AFTER RECESS--12:00 NOON
Para. 66.3 APPROVAL OF THE JOURNAL
Para. 66.4 COMMUNICATIONS
Para. 66.5 MESSAGE FROM THE SENATE
Para. 66.6 U.S. MILITARY ACADEMY BOARD OF VISITORS--APPOINTMENTS
Para. 66.7 U.S. NAVAL ACADEMY BOARD OF VISITORS--APPOINTMENTS
Para. 66.8 U.S. AIR FORCE ACADEMY BOARD OF VISITORS--APPOINTMENTS
Para. 66.9 POLICY COMMITTEE OF THE WHITE HOUSE CONFERENCE ON AGING--
APPOINTMENTS
Para. 66.10 FEDERAL COUNCIL ON THE AGING--APPOINTMENT
Para. 66.11 COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY
PREVENTION--APPOINTMENTS
Para. 66.12 JOHN C. STENNIS CENTER--APPOINTMENT
Para. 66.13 COMMERCE, JUSTICE, STATE, JUDICIARY APPROPRIATIONS--H.R.
4603
Para. 66.14 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT ON S.
24--H. RES. 439
Para. 66.15 [ROLL NO. 257]--ON AGREEING TO THE RESOLUTION
Para. 66.16 INDEPENDENT COUNSEL--CONFERENCE REPORT ON S. 24
Para. 66.17 [ROLL NO. 258]--ON AGREEING TO THE CONFERENCE REPORT
Para. 66.18 HUD SUPPLEMENTAL APPROPRIATIONS--H.R. 4568
Para. 66.19 [ROLL NO. 259]--ON PASSAGE
Para. 66.20 LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION
APPROPRIATIONS--H.R. 4606
Para. 66.21 SOCIAL SECURITY ADMINISTRATION REFORM--H.R. 4278
Para. 66.22 SOCIAL SECURITY ADMINISTRATION--H.R. 4277
Para. 66.23 MOTION TO INSTRUCT CONFEREES--H.R.4277
Para. 66.24 APPOINTMENT OF CONFEREES--H.R. 4277
Para. 66.25 NOTICE REQUIREMENT--MOTION TO INSTRUCT CONFEREES--H.R. 3355
Para. 66.26 WAIVING POINTS OF ORDER AGAINST H.R. 4602--H. RES. 458
Para. 66.27 FREEDOM SUMMER REMEMBERANCE DAY--H. RES. 457
Para. 66.28 MESSAGE FROM THE PRESIDENT
Para. 66.29 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE PRESIDENT
Para. 66.30 WORK AND RESPONSIBILITY
Para. 66.31 FORMER YUGOSLAVIA NATIONAL EMERGENCY
Para. 66.32 SENATE BILLS REFERRED
Para. 66.33 SENATE ENROLLED BILL SIGNED
Para. 66.34 BILLS PRESENTED TO THE PRESIDENT
Para. 66.35 LEAVE OF ABSENCE
Para. 66.36 ADJOURNMENT
Para. 66.37 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 66.38 PUBLIC BILLS AND RESOLUTIONS
Para. 66.39 MEMORIALS
Para. 66.40 ADDITIONAL SPONSORS
Para. 66.41 PETITIONS
WEDNESDAY, JUNE 22, 1994 (67)
Para. 67.1 APPROVAL OF THE JOURNAL
Para. 67.2 COMMUNICATIONS
Para. 67.3 WAIVING POINTS OF ORDER AGAINST H.R. 4602--H. RES. 458
Para. 67.4 INTERIOR APPROPRIATIONS--H.R. 4602
Para. 67.5 MESSAGE FROM THE PRESIDENT
Para. 67.6 RECORDED VOTE--AMENDMENT BY MR. ALLARD
Para. 67.7 [ROLL NO. 260]--ON AGREEING TO THE AMENDMENT
Para. 67.8 RECORDED VOTE--AMENDMENT BY MR. DUNCAN
Para. 67.9 [ROLL NO. 261]--ON AGREEING TO THE AMENDMENT
Para. 67.10 RECORDED VOTE--AMENDMENT BY MR. HEFLEY
Para. 67.11 [ROLL NO. 262]--ON AGREEING TO THE AMENDMENT
Para. 67.12 RECORDED VOTE--AMENDMENT BY MR. CRANE
Para. 67.13 [ROLL NO. 263]--ON AGREEING TO THE AMENDMENT
Para. 67.14 VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT
APPROPRIATIONS--H.R. 4624
Para. 67.15 MOTION TO INSTRUCT CONFEREES--H.R. 3355
[[Page 2873]]
Para. 67.16 [ROLL NO. 264]--ON MOTION TO INSTRUCT
Para. 67.17 NOTICE REQUIREMENT--MOTION TO INSTRUCT CONFEREES--H.R. 3355
Para. 67.18 MESSAGE FROM THE PRESIDENT--NATIONAL EMERGENCY WITH RESPECT
TO HAITI
Para. 67.19 MODIFICATION OF CONFEREES--H.R. 3355
Para. 67.20 WAIVING POINTS OF ORDER AGAINST H.R. 4603--H. RES. 461
Para. 67.21 ENROLLED BILL SIGNED
Para. 67.22 LEAVE OF ABSENCE
Para. 67.23 ADJOURNMENT
Para. 67.24 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 67.25 PUBLIC BILLS AND RESOLUTIONS
Para. 67.26 PRIVATE BILLS AND RESOLUTIONS
Para. 67.27 ADDITIONAL SPONSORS
Para. 67.28 DELETIONS
THURSDAY, JUNE 23, 1994 (68)
Para. 68.1 APPROVAL OF THE JOURNAL
Para. 68.2 COMMUNICATIONS
Para. 68.3 MESSAGE FROM THE SENATE
Para. 68.4 HOUR OF MEETING
Para. 68.5 INTERIOR APPROPRIATIONS--H.R. 4602
Para. 68.6 RECORDED VOTE--AMENDMENT BY MR. BACHUS
Para. 68.7 [ROLL NO. 265]--ON AGREEING TO THE AMENDMENT
Para. 68.8 RECORDED VOTE--AMENDMENT BY MR. DICKS TO AMENDMENT BY MR.
STEARNS
Para. 68.9 [ROLL NO. 266]--ON AGREEING TO THE AMENDMENT TO THE AMENDMENT
Para. 68.10 RECORDED VOTE--AMENDMENT BY MR. YATES TO SUBSTITUTE
AMENDMENT BY MR. BACHUS FOR THE FOREGOING AMENDMENT, AS AMENDED, BY MR.
STEARNS
Para. 68.11 [ROLL NO. 267]--ON AGREEING TO THE AMENDMENT TO THE
SUBSTITUTE AMENDMENT IN THE COMMITTEE OF THE WHOLE
Para. 68.12 [ROLL NO. 268]--ON AGREEING TO THE AMENDMENT TO THE
SUBSTITUTE AMENDMENT IN THE HOUSE
Para. 68.13 RECORDED VOTE--AMENDMENT BY MR. DICKS TO THE FOREGOING
SUBSTITUTE AMENDMENT BY MR. BACHUS FOR THE PRIOR AMENDMENT, AS AMENDED,
BY MR. STEARNS
Para. 68.14 [ROLL NO. 269]--ON AGREEING TO THE AMENDMENT TO THE
SUBSTITUTE AMENDMENT
Para. 68.15 RECORDED VOTE--ON PRIOR AMENDMENT, AS AMENDED, BY MR.
STEARNS, AS AMENDED BY THE FOREGOING AMENDMENT BY MR. DICKS
Para. 68.16 [ROLL NO. 270]--ON AGREEING TO THE AMENDMENT, AS AMENDED
Para. 68.17 RECORDED VOTE--AMENDMENT BY MR. KLUG
Para. 68.18 [ROLL NO. 271]--ON AGREEING TO THE AMENDMENT
Para. 68.19 [ROLL NO. 272]--ON PASSAGE
Para. 68.20 CLERK TO CORRECT ENGROSSMENT--H.R. 4602
Para. 68.21 WAIVING POINTS OF ORDER AGAINST H.R. 4603--H. RES. 461
Para. 68.22 [ROLL NO. 273]--ON AGREEING TO THE RESOLUTION
Para. 68.23 COMMERCE, JUSTICE, STATE, JUDICIARY APPROPRIATIONS--H.R.
4603
Para. 68.24 MOTION TO INSTRUCT CONFEREES--H.R. 3355
Para. 68.25 [ROLL NO. 274]--ON AGREEING TO THE MOTION TO INSTRUCT
CONFEREES
Para. 68.26 SENATE BILLS AND JOINT RESOLUTION REFERRED
Para. 68.27 SENATE ENROLLED BILL SIGNED
Para. 68.28 LEAVE OF ABSENCE
Para. 68.29 ADJOURNMENT
Para. 68.30 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 68.31 PUBLIC BILLS AND RESOLUTIONS
Para. 68.32 ADDITIONAL SPONSORS
FRIDAY, JUNE 24, 1994 (69)
Para. 69.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 69.2 APPROVAL OF THE JOURNAL
Para. 69.3 COMMUNICATIONS
Para. 69.4 MESSAGE FROM THE SENATE
Para. 69.5 COMMERCE, JUSTICE, STATE, JUDICIARY APPROPRIATIONS--H.R. 4603
[[Page 2874]]
Para. 69.6 RECORDED VOTE--AMENDMENT BY MR. SMITH OF TEXAS
Para. 69.7 [ROLL NO. 275]--ON AGREEING TO THE AMENDMENT
Para. 69.8 RECORDED VOTE--AMENDMENT BY MR. SCHIFF
Para. 69.9 [ROLL NO. 276]--ON AGREEING TO THE AMENDMENT
Para. 69.10 PERMISSION TO FILE REPORT--H.R. 4649
Para. 69.11 COMMERCE, JUSTICE, STATE, JUDICIARY APPROPRIATIONS--H.R.
4603
Para. 69.12 RECORDED VOTE--AMENDMENT BY MR. FIELDS OF TEXAS
Para. 69.13 [ROLL NO. 277]--ON AGREEING TO THE AMENDMENT
Para. 69.14 [ROLL NO. 278]--ON AGREEING TO THE AMENDMENT (IN THE HOUSE)
Para. 69.15 PERMISSION TO FILE REPORT--H.R. 3636
Para. 69.16 PERMISSION TO FILE REPORT--H.R. 3626
Para. 69.17 PERMISSION TO FILE REPORT--S. 1458
Para. 69.18 PERMISSION TO FILE REPORT--H.R. 3626
Para. 69.19 SUBPOENA
Para. 69.20 ADJOURNMENT OVER
Para. 69.21 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
Para. 69.22 LEAVE OF ABSENCE
Para. 69.23 ADJOURNMENT
Para. 69.24 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 69.25 SUBSEQUENT ACTION ON REPORTED BILLS SEQUENTIALLY REFERRED
Para. 69.26 PUBLIC BILLS AND RESOLUTIONS
Para. 69.27 MEMORIALS
Para. 69.28 ADDITIONAL SPONSORS
MONDAY, JUNE 27, 1994 (70)
Para. 70.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 70.2 APPROVAL OF THE JOURNAL
Para. 70.3 COMMUNICATIONS
Para. 70.4 GENERAL AVIATION LIABILITY LIMITS--S. 1458
Para. 70.5 EXPORT ADMINISTRATION ACT TEMPORARY EXTENSION--H.R. 4635
Para. 70.6 FEDERAL ACQUISITION IMPROVEMENT--H.R. 2238
Para. 70.7 MARIAN OLDHAM POST OFFICE--H.R. 4595
Para. 70.8 JOHN LAWLER, JR. POST OFFICE--H.R. 4596
Para. 70.9 POSTAL INSPECTION AND INSPECTOR GENERAL--H.R. 4400
Para. 70.10 MESSAGE FROM THE SENATE
Para. 70.11 RICHARD BOLLING FEDERAL BUILDING--H.R. 2559
Para. 70.12 JAMIE L. WHITTEN FEDERAL BUILDING--H.R. 4576
Para. 70.13 WILLIAM H. NATCHER FEDERAL BUILDING--H.R. 4577
Para. 70.14 COMMERCE, JUSTICE, STATE, JUDICIARY APPROPRIATIONS--H.R.
4603
Para. 70.15 RECORDED VOTE--AMENDMENT BY MR. BURTON
Para. 70.16 [ROLL NO. 279]--ON AGREEING TO THE AMENDMENT
Para. 70.17 RECORDED VOTE--AMENDMENT BY MR. BURTON
Para. 70.18 [ROLL NO. 280]--ON AGREEING TO THE AMENDMENT
Para. 70.19 RECORDED VOTE--AMENDMENT BY MR. PENNY
Para. 70.20 [ROLL NO. 281]--ON AGREEING TO THE AMENDMENT
Para. 70.21 DEPARTMENT OF DEFENSE APPROPRIATIONS-H.R. 4650
Para. 70.22 COMMERCE, JUSTICE, STATE, JUDICIARY APPROPRIATIONS-H.R. 4603
Para. 70.23 RECORDED VOTE--AMENDMENT BY MR. GOODLATTE
Para. 70.24 [ROLL NO. 282]--ON AGREEING TO THE AMENDMENT
Para. 70.25 ORDER OF BUSINESS--CONSIDERATION OF AMENDMENTS--H.R. 4603
Para. 70.26 HOUR OF MEETING
Para. 70.27 COMMERCE, JUSTICE, STATE, JUDICIARY APPROPRIATIONS--H.R.
4603
Para. 70.28 RECORDED VOTE--AMENDMENT BY MR. HEFLEY
Para. 70.29 [ROLL NO. 283]--ON AGREEING TO THE AMENDMENT
Para. 70.30 RECORDED VOTE--AMENDMENT BY MR. STEARNS
Para. 70.31 [ROLL NO. 284]--ON AGREEING TO THE AMENDMENT
Para. 70.32 RECORDED VOTE--AMENDMENT BY MR. INSLEE
Para. 70.33 [ROLL NO. 285]--ON AGREEING TO THE AMENDMENT
[[Page 2875]]
Para. 70.34 RECORDED VOTE--AMENDMENT BY MR. PORTER
Para. 70.35 [ROLL NO. 286]--ON AGREEING TO THE AMENDMENT
Para. 70.36 RECORDED VOTE--AMENDMENT BY MR. CONDIT
Para. 70.37 [ROLL NO. 287]--ON AGREEING TO THE AMENDMENT
Para. 70.38 RECORDED VOTE--AMENDMENT BY MR. ROGERS
Para. 70.39 [ROLL NO. 288]--ON AGREEING TO THE AMENDMENT
TUESDAY, JUNE 27 (LEGISLATIVE DAY OF JUNE 26), 1994
Para. 70.40 RECORDED VOTE--AMENDMENT BY MR. TAYLOR OF NORTH CAROLINA
Para. 70.41 [ROLL NO. 289]--ON AGREEING TO THE AMENDMENT
Para. 70.42 [ROLL NO. 290]--ON MOTION TO RECOMMIT WITH INSTRUCTIONS
Para. 70.43 [ROLL NO. 291]--ON PASSAGE
Para. 70.44 SUBPOENA
Para. 70.45 WAIVING POINTS OF ORDER AGAINST H.R. 4624--H. RES. 465
Para. 70.46 HOUR OF MEETING
Para. 70.47 SENATE JOINT RESOLUTIONS REFERRED
Para. 70.48 ENROLLED BILLS SIGNED
Para. 70.49 BILL PRESENTED TO THE PRESIDENT
Para. 70.50 LEAVE OF ABSENCE
Para. 70.51 ADJOURNMENT
Para. 70.52 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 70.53 PUBLIC BILLS AND RESOLUTIONS
Para. 70.54 MEMORIALS
Para. 70.55 PRIVATE BILLS AND RESOLUTIONS
Para. 70.56 ADDITIONAL SPONSORS
TUESDAY, JUNE 28, 1994 (71)
Para. 71.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 71.2 RECESS--11:27 A.M.
Para. 71.3 AFTER RECESS--12:00 NOON
Para. 71.4 APPROVAL OF THE JOURNAL
Para. 71.5 JOHN F. KENNEDY ACT AMENDMENT--H.R. 3567
Para. 71.6 ANTITRUST AND COMMUNICATIONS REFORM--H.R. 3626
Para. 71.7 TELEPHONE/CABLE COMMUNICATIONS COMPETITION--H.R. 3636
Para. 71.8 H.R. 3626--UNFINISHED BUSINESS
Para. 71.9 [ROLL NO. 292]--ON PASSAGE
Para. 71.10 H.R. 3636--UNFINISHED BUSINESS
Para. 71.11 [ROLL NO. 293]--ON PASSAGE
Para. 71.12 CLERK TO CORRECT ENGROSSMENT--H.R. 3626
Para. 71.13 WAIVING POINTS OF ORDER AGAINST H.R. 4649--H. RES. 466
Para. 71.14 PROVIDING FOR THE CONSIDERATION OF H.R. 4600--H. RES. 467
Para. 71.15 PROVIDING FOR THE CONSIDERATION OF H.R. 4299--H. RES. 468
Para. 71.16 LABOR, HHS, AND EDUCATION APPROPRIATIONS--H.R. 4606
Para. 71.17 LEGISLATIVE BRANCH APPROPRIATIONS--H.R. 4454
Para. 71.18 MOTION TO INSTRUCT CONFEREES--H.R. 4454
Para. 71.19 APPOINTMENT OF CONFEREES--H.R. 4454
Para. 71.20 LABOR, HHS, AND EDUCATION APPROPRIATIONS--H.R. 4606
Para. 71.21 RECORDED VOTE--AMENDMENTS EN BLOC BY MR. PORTER
Para. 71.22 [ROLL NO. 294]--ON AGREEING TO THE AMENDMENTS EN BLOC
Para. 71.23 RECORDED VOTE--ON AMENDMENT BY MR. BOEHNER
Para. 71.24 [ROLL NO. 295]--ON AGREEING TO THE AMENDMENT
Para. 71.25 ORDER OF BUSINESS--CONSIDERATION OF AMENDMENTS--H.R. 4606
Para. 71.26 LABOR, HHS, AND EDUCATION APPROPRIATIONS--H.R. 4606
Para. 71.27 CALL IN COMMITTEE
Para. 71.28 [ROLL NO. 296]--CALL IN COMMITTEE
Para. 71.29 RECORDED VOTE--AMENDMENT BY MR. GRAMS
Para. 71.30 [ROLL NO. 297]--ON AGREEING TO THE AMENDMENT
Para. 71.31 RECORDED VOTE--AMENDMENT BY MR. MICA
[[Page 2876]]
Para. 71.32 [ROLL NO. 298]--ON AGREEING TO THE AMENDMENT
Para. 71.33 RECORDED VOTE--AMENDMENT BY MR. BAKER OF CALIFORNIA
Para. 71.34 [ROLL NO. 299]--ON AGREEING TO THE AMENDMENT
Para. 71.35 RECORDED VOTE--AMENDMENT BY MR. CRANE
Para. 71.36 [ROLL NO. 300]--ON AGREEING TO THE AMENDMENT
Para. 71.37 ORDER OF BUSINESS--CONSIDERATION OF H.R. 4606
Para. 71.38 NOTICE REQUIREMENT--MOTION TO INSTRUCT CONFEREES--H.R. 3355
Para. 71.39 SUBMISSION OF CONFERENCE REPORT--H.R. 4454
Para. 71.40 WAIVING POINTS OF ORDER AGAINST H.R. 4624--H. RES. 465
Para. 71.41 ENROLLED BILL SIGNED
Para. 71.42 ADJOURNMENT
Para. 71.43 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 71.44 PUBLIC BILLS AND RESOLUTIONS
Para. 71.45 PRIVATE BILLS AND RESOLUTIONS
Para. 71.46 ADDITIONAL SPONSORS
WEDNESDAY, JUNE 29, 1994 (72)
Para. 72.1 APPROVAL OF THE JOURNAL
Para. 72.2 COMMUNICATIONS
Para. 72.3 MESSAGE FROM THE SENATE
Para. 72.4 BOARD OF REGENTS FOR THE SMITHSONIAN--APPOINTMENT
Para. 72.5 LABOR, HHS, AND EDUCATION APPROPRIATIONS--H.R. 4606
Para. 72.6 RECORDED VOTE--AMENDMENT BY MS. WATERS
Para. 72.7 [ROLL NO. 301]--ON AGREEING TO THE AMENDMENT
Para. 72.8 [ROLL NO. 302]--SEPARATE VOTE ON THE PORTER AMENDMENT
Para. 72.9 [ROLL NO. 303]--ON MOTION TO RECOMMIT WITH INSTRUCTIONS
Para. 72.10 [ROLL NO. 304]--ON PASSAGE
Para. 72.11 WAIVING POINTS OF ORDER AGAINST H.R. 4650--H. RES. 469
Para. 72.12 WAIVING POINTS OF ORDER AGAINST H.R. 4454--H. RES. 470
Para. 72.13 WAIVING POINTS OF ORDER AGAINST H.R. 4649--H. RES. 466
Para. 72.14 [ROLL NO. 305]--ON ORDERING THE PREVIOUS QUESTION
Para. 72.15 [ROLL NO. 306]--ON AGREEING TO THE RESOLUTION
Para. 72.16 VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT
APPROPRIATIONS--H.R. 4624
Para. 72.17 RECORDED VOTE--AMENDMENT BY MR. SMITH OF MICHIGAN
Para. 72.18 [ROLL NO. 307]--ON AGREEING TO THE AMENDMENT
Para. 72.19 RECORDED VOTE--AMENDMENT BY MR. HEFLEY
Para. 72.20 [ROLL NO. 308]--ON AGREEING TO THE AMENDMENT
Para. 72.21 RECORDED VOTE--AMENDMENT BY MR. ROEMER
Para. 72.22 [ROLL NO. 309]--ON AGREEING TO THE AMENDMENT
Para. 72.23 MOTION TO RISE AND REPORT
Para. 72.24 [ROLL NO. 310]--ON MOTION TO RISE AND REPORT
Para. 72.25 [ROLL NO. 311]--ON MOTION TO RECOMMIT WITH INSTRUCTIONS
Para. 72.26 [ROLL NO. 312]--ON PASSAGE
Para. 72.27 WAIVING POINTS OF ORDER AGAINST H.R. 4650 AND CONFERENCE
REPORT ON H.R. 4454--H. RES. 469 AND H. RES. 470
Para. 72.28 LEGISLATIVE BRANCH APPROPRIATIONS--H.R. 2348
Para. 72.29 DOD APPROPRIATIONS--H.R. 4650
Para. 72.30 [ROLL NO. 313]--ON PASSAGE
Para. 72.31 ADJOURNMENT OF THE TWO HOUSES--H. CON. RES. 263
Para. 72.32 MOTION TO INSTRUCT CONFEREES--H.R. 3355
Para. 72.33 [ROLL NO. 314]--ON MOTION TO INSTRUCT CONFEREES
THURSDAY, JUNE 30 (LEGISLATIVE DAY OF JUNE 29), 1994
Para. 72.34 PRINTING RESOLUTION--S. CON. RES. 68
Para. 72.35 BILLS PRESENTED TO THE PRESIDENT
Para. 72.36 ADJOURNMENT
Para. 72.37 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 72.38 PUBLIC BILLS AND RESOLUTIONS
[[Page 2877]]
Para. 72.39 MEMORIALS
Para. 72.40 PRIVATE BILLS AND RESOLUTIONS
Para. 72.41 ADDITIONAL SPONSORS
Para. 72.42 PETITIONS
Para. 72.43 DELETIONS
THURSDAY, JUNE 30, 1994 (73)
Para. 73.1 APPROVAL OF THE JOURNAL
Para. 73.2 COMMUNICATIONS
Para. 73.3 MESSAGE FROM THE SENATE
Para. 73.4 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
Para. 73.5 SPEAKER AND MINORITY LEADER TO ACCEPT RESIGNATIONS, APPOINT
COMMISSIONS
Para. 73.6 PERMISSION TO FILE REPORT--H.R. 4008
Para. 73.7 DESIGNATION OF SPEAKER PRO TEMPORE TO SIGN ENROLLMENTS
Para. 73.8 PERMISSION TO FILE REPORTS--H.R. 3800 AND H.R. 2448
Para. 73.9 RECESS--11:58 A.M.
Para. 73.10 AFTER RECESS--4:59 P.M.
Para. 73.11 FURTHER MESSAGE FROM THE SENATE
Para. 73.12 SENATE BILL REFERRED
Para. 73.13 ADJOURNMENT
Para. 73.14 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 73.15 PUBLIC BILLS AND RESOLUTIONS
Para. 73.16 PRIVATE BILLS AND RESOLUTIONS
Para. 73.17 REPORTS OF COMMITTEE ON PRIVATE BILLS AND RESOLUTIONS
Para. 73.18 ADDITIONAL SPONSORS
TUESDAY, JULY 12, 1994 (74)
Para. 74.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 74.2 RECESS--11:00 A.M.
Para. 74.3 AFTER RECESS--12:00 NOON
Para. 74.4 APPROVAL OF THE JOURNAL
Para. 74.5 COMMUNICATIONS
Para. 74.6 MESSAGE FROM THE SENATE
Para. 74.7 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE SENATE
Para. 74.8 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE PRESIDENT
Para. 74.9 EXPORT ADMINISTRATION
Para. 74.10 SUBPOENA
Para. 74.11 ENROLLED BILLS SIGNED
Para. 74.12 COASTAL BARRIER SYSTEM MAP CORRECTIONS--H.R. 4598
Para. 74.13 TIJUANA SLOUGH NATIONAL WILDLIFE REFUGE LAND CONVEYANCE--
H.R. 4647
Para. 74.14 FISHERMEN'S PROTECTIVE ACT REAUTHORIZATION--H.R. 3817
Para. 74.15 CORNING NATIONAL FISH HATCHERY CONVEYANCE ACT--H.R. 4253
Para. 74.16 STRIPED BASS ACT--H.R. 4504
Para. 74.17 NOTICE REQUIREMENT--MOTION TO INSTRUCT CONFEREES--H.R. 3355
Para. 74.18 ROCKY MOUNTAIN NATIONAL PARK VICINITY DAM PROHIBITION--H.R.
1716
Para. 74.19 NOTICE REQUIREMENT--MOTION TO INSTRUCT CONFEREES--H.R. 3355
Para. 74.20 STEAMTOWN NATIONAL HISTORIC SITE REFORM--H.R. 3708
Para. 74.21 OCRACOKE LIGHT STATION TRANSFER--H.R. 4364
Para. 74.22 TWIN FALLS COUNTY LANDFILL ACT--S. 1402
Para. 74.23 REMOVE SOUTH CAROLINA LAND RESTRICTIONS--S. 273
Para. 74.24 MODIFY UTAH LAND RESTRICTIONS--S. 859
Para. 74.25 CALIFORNIA DESERT PROTECTION--H.R. 518
Para. 74.26 RECORDED VOTE--AMENDMENT BY MR. VENTO
Para. 74.27 [ROLL NO. 315]--ON AGREEING TO THE AMENDMENT
Para. 74.28 RECORDED VOTE--AMENDMENTS EN BLOC BY MR. LAROCCO
Para. 74.29 [ROLL NO. 316]--ON AGREEING TO THE AMENDMENTS EN BLOC
Para. 74.30 RECORDED VOTE--AMENDMENT BY MR. DELAY
Para. 74.31 [ROLL NO. 317]--ON AGREEING TO THE AMENDMENT
[[Page 2878]]
Para. 74.32 PROVIDING FOR THE CONSIDERATION OF H.R. 3937--H. RES. 474
Para. 74.33 PROVIDING FOR THE CONSIDERATION OF H.R. 1188--H. RES. 475
Para. 74.34 NATIONAL APOLLO ANNIVERSARY OBSERVANCE--S. J. RES. 187
Para. 74.35 FIFTIETH ANNIVERSARY WORLD WAR II OBSERVANCE--S. J. RES. 172
Para. 74.36 JFK ASSASSINATION RECORDS REVIEW BOARD--H.R. 4569
Para. 74.37 MOVING EXPENSES FOR FAMILIES OF DECEASED SES EMPLOYEES--H.R.
4549
Para. 74.38 EXCLUDE REPARATIONS FOR NAZI PERSECUTION FROM BENEFITS
CALCULATION--H.R. 1873
Para. 74.39 ENROLLED BILLS SIGNED
Para. 74.40 BILLS PRESENTED TO THE PRESIDENT
Para. 74.41 LEAVE OF ABSENCE
Para. 74.42 ADJOURNMENT
Para. 74.43 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 74.44 SUBSEQUENT ACTION ON REPORTED BILLS SEQUENTIALLY REFERRED
Para. 74.45 REPORTED BILL SEQUENTIALLY REFERRED
Para. 74.46 PUBLIC BILLS AND RESOLUTIONS
Para. 74.47 MEMORIALS
Para. 74.48 PRIVATE BILLS AND RESOLUTIONS
Para. 74.49 ADDITIONAL SPONSORS
Para. 74.50 PETITIONS
WEDNESDAY, JULY 13, 1994 (75)
Para. 75.1 APPROVAL OF THE JOURNAL
Para. 75.2 [ROLL NO. 318]--ON APPROVAL OF THE JOURNAL
Para. 75.3 COMMUNICATIONS
Para. 75.4 CALIFORNIA DESERT PROTECTION--H.R. 518
Para. 75.5 RECORDED VOTE--AMENDMENT BY MR. MILLER OF CALIFORNIA
Para. 75.6 [ROLL NO. 319]--ON AGREEING TO THE AMENDMENT
Para. 75.7 DISTRICT OF COLUMBIA APPROPRIATIONS--H.R. 4649
Para. 75.8 MOTION TO RISE AND REPORT
Para. 75.9 [ROLL NO. 320]--ON MOTION TO RISE AND REPORT
Para. 75.10 RECORDED VOTE--AMENDMENT BY MR. BURTON
Para. 75.11 [ROLL NO. 321]--ON AGREEING TO THE AMENDMENT
Para. 75.12 [ROLL NO. 322]--ON PASSAGE
Para. 75.13 MOTION TO INSTRUCT CONFEREES--H.R. 3355
Para. 75.14 [ROLL NO. 323]--ON MOTION TO INSTRUCT CONFEREES
Para. 75.15 MOTION TO INSTRUCT CONFEREES--H.R. 3355
Para. 75.16 [ROLL NO. 324]--ON MOTION TO INSTRUCT CONFEREES
Para. 75.17 MESSAGE FROM THE PRESIDENT--U.S.-ORIGIN SATELLITES TO CHINA
Para. 75.18 SENATE BILL REFERRED
Para. 75.19 SENATE ENROLLED BILLS AND JOINT RESOLUTION SIGNED
Para. 75.20 LEAVE OF ABSENCE
Para. 75.21 ADJOURNMENT
Para. 75.22 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 75.23 PUBLIC BILLS AND RESOLUTIONS
Para. 75.24 ADDITIONAL SPONSORS
Para. 75.25 PETITIONS
Para. 75.26 DELETIONS
THURSDAY, JULY 14, 1994 (76)
Para. 76.1 APPROVAL OF THE JOURNAL
Para. 76.2 COMMUNICATIONS
Para. 76.3 MESSAGE FROM THE SENATE
Para. 76.4 CALIFORNIA DESERT PROTECTION--H.R. 518
Para. 76.5 RECORDED VOTE--AMENDMENT BY MR. TAUZIN
Para. 76.6 [ROLL NO. 325]--ON AGREEING TO THE AMENDMENT
Para. 76.7 PROVIDING FOR THE CONSIDERATION OF H.R. 4600--H. RES. 467
Para. 76.8 [ROLL NO. 326]--ON ORDERING THE PREVIOUS QUESTION
Para. 76.9 EXPEDITED RESCISSIONS--H.R. 4600
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Para. 76.10 RECORDED VOTE--SUBSTITUTE AMENDMENT BY MR. SOLOMON FOR
AMENDMENT BY MR. STENHOLM
Para. 76.11 [ROLL NO. 327]--ON AGREEING TO THE SUBSTITUTE AMENDMENT
Para. 76.12 RECORDED VOTE--AMENDMENT BY MR. STENHOLM
Para. 76.13 [ROLL NO. 328]--ON AGREEING TO THE AMENDMENT
Para. 76.14 [ROLL NO. 329]--ON PASSAGE
Para. 76.15 PERMISSION TO FILE REPORT--H.R. 3838
Para. 76.16 PROVIDING FOR THE CONSIDERATION OF H.R. 3937--H. RES. 474
Para. 76.17 [ROLL NO. 330]--ON AGREEING TO THE RESOLUTION
Para. 76.18 ORDER OF BUSINESS--SUBMISSION OF AMENDMENTS--H.R. 3937
Para. 76.19 ADJOURNMENT OVER
Para. 76.20 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
Para. 76.21 EXPORT ADMINISTRATION--H.R. 3937
Para. 76.22 PRIVILEGES OF THE HOUSE--RETURN OF BILL TO SENATE--H. RES.
479
Para. 76.23 BILLS PRESENTED TO THE PRESIDENT
Para. 76.24 LEAVE OF ABSENCE
Para. 76.25 ADJOURNMENT
Para. 76.26 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 76.27 REPORTS OF COMMITTEE ON PRIVATE BILLS AND RESOLUTIONS
Para. 76.28 REPORTED BILL SEQUENTIALLY REFERRED
Para. 76.29 PUBLIC BILLS AND RESOLUTIONS
Para. 76.30 PRIVATE BILLS AND RESOLUTIONS
Para. 76.31 ADDITIONAL SPONSORS
Para. 76.32 PETITIONS
MONDAY, JULY 18, 1994 (77)
Para. 77.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 77.2 APPROVAL OF THE JOURNAL
Para. 77.3 COMMUNICATIONS
Para. 77.4 ADJOURNMENT
Para. 77.5 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 77.6 PUBLIC BILLS AND RESOLUTIONS
Para. 77.7 ADDITIONAL SPONSORS
Para. 77.8 PETITIONS
TUESDAY, JULY 19, 1994 (78)
Para. 78.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 78.2 RECESS--10:54 A.M.
Para. 78.3 AFTER RECESS--12:00 NOON
Para. 78.4 APPROVAL OF THE JOURNAL
Para. 78.5 COMMUNICATIONS
Para. 78.6 MESSAGE FROM THE SENATE
Para. 78.7 PRIVATE CALENDAR
Para. 78.8 BILLS PASSED
Para. 78.9 BILLS PASSED OVER
Para. 78.10 MESSAGE FROM THE PRESIDENT
Para. 78.11 COMMUNICATION FROM THE CLERK--MESSAGES FROM THE PRESIDENT
Para. 78.12 U.S. AND LITHUANIA FISHERY AGREEMENT
Para. 78.13 NATIONAL EMERGENCY WITH RESPECT TO LIBYA
Para. 78.14 NOTICE REQUIREMENT--MOTION TO INSTRUCT CONFEREES--H.R. 3355
Para. 78.15 MESSAGE FROM THE PRESIDENT--NATIONAL EMERGENCY WITH RESPECT
TO IRAQ
Para. 78.16 HONORING ASTRONAUTS FOR MOON EXPLORATION--H. CON. RES. 261
Para. 78.17 SMALL BUSINESS DEVELOPMENT COMPANY INCREASES--H.R. 4322
Para. 78.18 WAIVE ANNUITY RULES FOR CERTAIN REEMPLOYED POSTAL RETIREES--
H.R. 3246
Para. 78.19 OVERSEAS DEFENSE TEACHERS LEAVE PROGRAMS--H.R. 3499
Para. 78.20 ``LIVING BENEFITS'' FOR TERMINALLY ILL FEDERAL EMPLOYEES--
H.R. 512
Para. 78.21 HEALTHY MEALS FOR HEALTHY AMERICANS ACT--H.R. 8
Para. 78.22 NATIONAL EDUCATION COMMISSION ON TIME AND LEARNING--S. 1880
Para. 78.23 CIVILIAN TECHNOLOGY DEVELOPMENT ACT OF 1993--H.R. 820
[[Page 2880]]
Para. 78.24 MOTION TO INSTRUCT CONFEREES--H.R. 820
Para. 78.25 [ROLL NO. 331]--ON MOTION TO INSTRUCT
Para. 78.26 APPOINTMENT OF CONFEREES--H.R. 820
Para. 78.27 NOTICE REQUIREMENT--MOTION TO INSTRUCT CONFEREES--H.R. 3355
Para. 78.28 PROVIDING FOR THE CONSIDERATION OF H.R. 4299--H. RES. 468
Para. 78.29 INTELLIGENCE AUTHORIZATION--H.R. 4299
Para. 78.30 RECORDED VOTE--AMENDMENT BY MR. GLICKMAN
Para. 78.31 [ROLL NO. 332]--ON AGREEING TO THE AMENDMENT
Para. 78.32 RECORDED VOTE--AMENDMENT BY MR. SANDERS
Para. 78.33 [ROLL NO. 333]--ON AGREEING TO THE AMENDMENT
Para. 78.34 H.R. 8--UNFINISHED BUSINESS
Para. 78.35 [ROLL NO. 334]--ON PASSAGE
Para. 78.36 WOODROW WILSON PLAZA--S. 832
Para. 78.37 SENATE JOINT RESOLUTIONS REFERRED
Para. 78.38 LEAVE OF ABSENCE
Para. 78.39 ADJOURNMENT
Para. 78.40 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 78.41 PUBLIC BILLS AND RESOLUTIONS
Para. 78.42 MEMORIALS
Para. 78.43 PRIVATE BILLS AND RESOLUTIONS
Para. 78.44 ADDITIONAL SPONSORS
WEDNESDAY, JULY 20, 1994 (79)
Para. 79.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 79.2 APPROVAL OF THE JOURNAL
Para. 79.3 COMMUNICATIONS
Para. 79.4 MESSAGE FROM THE SENATE
Para. 79.5 INTELLIGENCE AUTHORIZATION--H.R. 4299
Para. 79.6 RECORDED VOTE--AMENDMENT BY MR. FRANK
Para. 79.7 [ROLL NO. 335]--ON AGREEING TO THE AMENDMENT
Para. 79.8 [ROLL NO. 336]--ON PASSAGE
Para. 79.9 CLERK TO CORRECT ENGROSSMENT--H.R. 4299
Para. 79.10 NOTICE REQUIREMENT--MOTION TO INSTRUCT CONFEREES--H.R. 3355
Para. 79.11 PROVIDING FOR THE CONSIDERATION OF H.R. 1188--H. RES. 475
Para. 79.12 INSURANCE DISCLOSURE--H.R. 1188
Para. 79.13 RECORDED VOTE--AMENDMENT BY MR. KENNEDY
Para. 79.14 [ROLL NO. 337]--ON AGREEING TO THE AMENDMENT
Para. 79.15 RECORDED VOTE--AMENDMENT BY MS. ROYBAL-ALLARD
Para. 79.16 [ROLL NO. 338]--ON AGREEING TO THE AMENDMENT
Para. 79.17 RECORDED VOTE--AMENDMENT BY MR. FIELDS OF LOUISIANA
Para. 79.18 [ROLL NO. 339]--ON AGREEING TO THE AMENDMENT
Para. 79.19 MOTION TO INSTRUCT CONFEREES--H.R. 3355
Para. 79.20 [ROLL NO. 340]--ON MOTION TO INSTRUCT
Para. 79.21 PROVIDING FOR THE CONSIDERATION OF H.R. 3838--H. RES. 482
Para. 79.22 PROVIDING FOR THE CONSIDERATION OF H.R. 3870--H. RES. 483
Para. 79.23 PROVIDING FOR THE CONSIDERATION OF H.R. 4604--H. RES. 484
Para. 79.24 MOTION TO INSTRUCT CONFEREES--H.R. 3355
Para. 79.25 RECESS--8:00 P.M.
Para. 79.26 AFTER RECESS--8:06 P.M.
Para. 79.27 ``STRUCTURED DEBATE''
Para. 79.28 ENROLLED BILLS SIGNED
Para. 79.29 SENATE ENROLLED BILLS SIGNED
Para. 79.30 LEAVE OF ABSENCE
Para. 79.31 ADJOURNMENT
Para. 79.32 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 79.33 PUBLIC BILLS AND RESOLUTIONS
Para. 79.34 PRIVATE BILLS AND RESOLUTIONS
Para. 79.35 ADDITIONAL SPONSORS
[[Page 2881]]
THURSDAY, JULY 21, 1994 (80)
Para. 80.1 APPROVAL OF THE JOURNAL
Para. 80.2 [ROLL NO. 341]--ON APPROVAL OF THE JOURNAL
Para. 80.3 COMMUNICATIONS
Para. 80.4 MESSAGE FROM THE PRESIDENT
Para. 80.5 MESSAGE FROM THE SENATE
Para. 80.6 PRIVILEGES OF THE HOUSE--RETURN OF SENATE BILL--H. RES. 486
Para. 80.7 PRIVILEGES OF THE HOUSE--RETURN OF SENATE BILL--H. RES. 487
Para. 80.8 PROVIDING FOR THE CONSIDERATION OF H.R. 4604--H. RES. 484
Para. 80.9 [ROLL NO. 342]--ON AGREEING TO THE RESOLUTION
Para. 80.10 SUBPOENA
Para. 80.11 MESSAGE FROM THE PRESIDENT--BULGARIA-MFN
Para. 80.12 BUDGET CONTROL--H.R. 4604
Para. 80.13 RECORDED VOTE--SUBSTITUTE AMENDMENT BY MR. KASICH
Para. 80.14 [ROLL NO. 343]--ON AGREEING TO THE AMENDMENT
Para. 80.15 RECORDED VOTE--SUBSTITUTE AMENDMENT BY MR. STENHOLM
Para. 80.16 [ROLL NO. 344]--ON AGREEING TO THE AMENDMENT
Para. 80.17 [ROLL NO. 345]--ON MOTION TO RECOMMIT WITH INSTRUCTIONS
Para. 80.18 [ROLL NO. 346]--ON PASSAGE
Para. 80.19 SUBMISSION OF CONFERENCE REPORT--H.R. 2243
Para. 80.20 MESSAGE FROM THE PRESIDENT
Para. 80.21 MOTION TO INSTRUCT CONFEREES--H.R. 3355
Para. 80.22 PROVIDING FOR THE CONSIDERATION OF H.R. 3838--H. RES. 482
Para. 80.23 MESSAGE FROM THE PRESIDENT--NATIONAL SECURITY
Para. 80.24 HOUSING AND COMMUNITY DEVELOPMENT AUTHORIZATION--H.R. 3838
Para. 80.25 LEAVE OF ABSENCE
Para. 80.26 ADJOURNMENT
Para. 80.27 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 80.28 SUBSEQUENT ACTION ON REPORTED BILL SEQUENTIALLY REFERRED
Para. 80.29 PUBLIC BILLS AND RESOLUTIONS
Para. 80.30 PRIVATE BILLS AND RESOLUTIONS
Para. 80.31 ADDITIONAL SPONSORS
Para. 80.32 DELETIONS
FRIDAY, JULY 22, 1994 (81)
Para. 81.1 APPROVAL OF THE JOURNAL
Para. 81.2 COMMUNICATIONS
Para. 81.3 BOARD OF DIRECTORS OF THE NATIONAL URBAN AIR TOXICS RESEARCH
CENTER--APPOINTMENTS
Para. 81.4 POLICY COMMITTEE OF THE WHITE HOUSE CONFERENCE ON AGING--
APPOINTMENTS
Para. 81.5 HOUSING AND COMMUNITY DEVELOPMENT AUTHORIZATION--H.R. 3838
Para. 81.6 CALL IN COMMITTEE
Para. 81.7 [ROLL NO. 347]--CALL IN COMMITTEE
Para. 81.8 RECORDED VOTE--AMENDMENT, AS AMENDED, BY MR. KIM
Para. 81.9 [ROLL NO. 348]--ON AGREEING TO THE AMENDMENT, AS AMENDED
Para. 81.10 [ROLL NO. 349]--ON PASSAGE
Para. 81.11 CLERK TO CORRECT ENGROSSMENT--H.R. 3838
Para. 81.12 ADJOURNMENT OVER
Para. 81.13 ORDER OF BUSINESS--RECESS
Para. 81.14 HOUR OF MEETING
Para. 81.15 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
Para. 81.16 ENROLLED BILL SIGNED
Para. 81.17 SENATE ENROLLED BILL SIGNED
Para. 81.18 LEAVE OF ABSENCE
Para. 81.19 ADJOURNMENT
Para. 81.20 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 81.21 PUBLIC BILLS AND RESOLUTIONS
Para. 81.22 MEMORIALS
Para. 81.23 PRIVATE BILLS AND RESOLUTIONS
Para. 81.24 ADDITIONAL SPONSORS
[[Page 2882]]
MONDAY, JULY 25, 1994 (82)
Para. 82.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 82.2 RECESS--10:32 A.M.
Para. 82.3 AFTER RECESS--12:00 NOON
Para. 82.4 APPROVAL OF THE JOURNAL
Para. 82.5 COMMUNICATIONS
Para. 82.6 NOTICE REQUIREMENT--MOTION TO INSTRUCT CONFEREES--H.R. 3355
Para. 82.7 TELEMARKETING FRAUD PREVENTION--H. RES. 488
Para. 82.8 FTC AUTHORIZATION--H.R. 2243
Para. 82.9 ANNIVERSARY OF WARSAW UPRISING--H. J. RES. 388
Para. 82.10 U.S. TROOP WITHDRAWAL FROM BERLIN--H. RES. 476
Para. 82.11 RELEASE OF AUNG SAN SUU KYI--H. RES. 471
Para. 82.12 DEMOCRACY IN NIGERIA--H. CON. RES. 151
Para. 82.13 AUBURN INDIAN RESTORATION--H.R. 4228
Para. 82.14 INDIANS DAMS SAFETY--H.R. 1426
Para. 82.15 RECESS--1:18 P.M.
Para. 82.16 AFTER RECESS--4:45 P.M.
Para. 82.17 RECESS--4:46 P.M.
Para. 82.18 AFTER RECESS--5:45 P.M.
Para. 82.19 APPOINTMENT OF ADDITIONAL CONFEREES--H.R. 820
Para. 82.20 DOD AUTHORIZATION--S. 2182
Para. 82.21 MOTION TO INSTRUCT CONFEREES--S. 2182
Para. 82.22 APPOINTMENT OF CONFEREES--S. 2182
Para. 82.23 NOTICE REQUIREMENT--MOTION TO INSTRUCT CONFEREES--H.R. 3355
Para. 82.24 PROVIDING FOR A CLOSED CONFERENCE--H.R. 2182
Para. 82.25 [ROLL NO. 350]--ON AGREEING TO THE MOTION
Para. 82.26 ORDER OF BUSINESS--POSTPONEMENT OF VOTE
Para. 82.27 CRIME PREVENTION MONTH--H. J. RES. 363
Para. 82.28 NATIONAL NEIGHBORHOOD CRIME WATCH DAY--H. J. RES. 374
Para. 82.29 BILLS PRESENTED TO THE PRESIDENT
Para. 82.30 LEAVE OF ABSENCE
Para. 82.31 ADJOURNMENT
Para. 82.32 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 82.33 PUBLIC BILLS AND RESOLUTIONS
Para. 82.34 MEMORIALS
Para. 82.35 ADDITIONAL SPONSORS
Para. 82.36 PETITIONS
TUESDAY, JULY 26, 1994 (83)
Para. 83.1 APPROVAL OF THE JOURNAL
Para. 83.2 MESSAGE FROM THE SENATE
Para. 83.3 RECESS--10:04 A.M.
Para. 83.4 AFTER RECESS--1:32 P.M.
Para. 83.5 PROCEEDINGS PRINTED IN THE RECORD
Para. 83.6 MOTION TO INSTRUCT CONFEREES--H.R. 3355
Para. 83.7 MILITARY CONSTRUCTION APPROPRIATIONS--H.R. 4453
Para. 83.8 MOTION TO INSTRUCT CONFEREES--H.R. 3355
Para. 83.9 PROVIDING FOR THE CONSIDERATION OF H.R. 3870--H. RES. 483
Para. 83.10 ENVIRONMENTAL TECHNOLOGIES ACT--H.R. 3870
Para. 83.11 CALL IN COMMITTEE
Para. 83.12 [ROLL NO. 351]--CALL IN COMMITTEE
Para. 83.13 RECORDED VOTE--SUBSTITUTE AMENDMENT BY MR. BROWN OF
CALIFORNIA FOR AMENDMENT BY MR. WALKER
Para. 83.14 [ROLL NO. 352]--ON AGREEING TO THE SUBSTITUTE AMENDMENT
Para. 83.15 RECORDED VOTE--FOREGOING AMENDMENT BY MR. WALKER
Para. 83.16 [ROLL NO. 353]--ON AGREEING TO THE AMENDMENT
Para. 83.17 H. RES. 476--UNFINISHED BUSINESS
Para. 83.18 [ROLL NO. 354]--ON AGREEING TO THE RESOLUTION
Para. 83.19 AVIATION INFRASTRUCTURE INVESTMENT--H.R. 2739
Para. 83.20 SENATE JOINT RESOLUTION REFERRED
[[Page 2883]]
Para. 83.21 LEAVE OF ABSENCE
Para. 83.22 ADJOURNMENT
Para. 83.23 PUBLIC BILLS AND RESOLUTIONS
Para. 83.24 PRIVATE BILLS AND RESOLUTIONS
Para. 83.25 ADDITIONAL SPONSORS
WEDNESDAY, JULY 27, 1994 (84)
Para. 84.1 APPROVAL OF THE JOURNAL
Para. 84.2 COMMUNICATIONS
Para. 84.3 MESSAGE FROM THE SENATE
Para. 84.4 HOUR OF MEETING
Para. 84.5 HOUR OF MEETING
Para. 84.6 CALIFORNIA DESERT PROTECTION--H.R. 518
Para. 84.7 RECORDED VOTE--AMENDMENT, AS MODIFIED, BY MR. CALVERT
Para. 84.8 [ROLL NO. 355]--ON AGREEING TO THE AMENDMENT, AS MODIFIED
Para. 84.9 MOTION TO LIMIT DEBATE
Para. 84.10 [ROLL NO. 356]--ON MOTION
Para. 84.11 [ROLL NO. 357]--ON PASSAGE
Para. 84.12 CLERK TO CORRECT ENGROSSMENT--H.R. 518
Para. 84.13 PERMISSION TO FILE CONFERENCE REPORT--H.R. 4453
Para. 84.14 MODIFICATION OF CONFEREES--H.R. 2739
Para. 84.15 PROVIDING FOR THE CONSIDERATION OF H.R. 2448--H. RES. 491
Para. 84.16 PROVIDING FOR THE CONSIDERATION OF S. 208--H. RES. 492
Para. 84.17 SENATE BILLS REFERRED
Para. 84.18 ADJOURNMENT
Para. 84.19 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 84.20 PUBLIC BILLS AND RESOLUTIONS
Para. 84.21 MEMORIALS
Para. 84.22 PRIVATE BILLS AND RESOLUTIONS
Para. 84.23 ADDITIONAL SPONSORS
Para. 84.24 DELETIONS
THURSDAY, JULY 28, 1994 (85)
Para. 85.1 APPROVAL OF THE JOURNAL
Para. 85.2 COMMUNICATIONS
Para. 85.3 MESSAGE FROM THE SENATE
Para. 85.4 DISTRICT OF COLUMBIA APPROPRIATIONS--H.R. 4649
Para. 85.5 MOTION TO INSTRUCT CONFEREES--H.R. 4649
Para. 85.6 [ROLL NO. 358]--ON MOTION TO INSTRUCT
Para. 85.7 APPOINTMENT OF CONFEREES--H.R. 4649
Para. 85.8 FOREIGN AID APPROPRIATIONS--H.R. 4426
Para. 85.9 MOTION TO INSTRUCT CONFEREES--H.R. 4426
Para. 85.10 APPOINTMENT OF CONFEREES--H.R. 4426
Para. 85.11 PROVIDING FOR THE CONSIDERATION OF H.R. 2448--H. RES. 491
Para. 85.12 RADON AWARENESS AND DISCLOSURE--H.R. 2448
Para. 85.13 CALL IN COMMITTEE
Para. 85.14 [ROLL NO. 359]--CALL IN COMMITTEE
Para. 85.15 RECORDED VOTE--AMENDMENTS EN BLOC BY MR. OXLEY
Para. 85.16 [ROLL NO. 360]--ON AGREEING TO THE AMENDMENTS EN BLOC
Para. 85.17 [ROLL NO. 361]--ON PASSAGE
Para. 85.18 PROVIDING FOR THE CONSIDERATION OF S. 208--H. RES. 492
Para. 85.19 NATIONAL PARK SERVICE CONCESSIONS POLICY--S. 208
Para. 85.20 RECORDED VOTE--AMENDMENT BY MR. MURPHY
Para. 85.21 [ROLL NO. 362]--ON AGREEING TO THE AMENDMENT
Para. 85.22 [ROLL NO. 363]--ON PASSAGE
Para. 85.23 PROVIDING FOR THE CONSIDERATION OF H.R. 4801--H. RES. 494
Para. 85.24 PROVIDING FOR THE CONSIDERATION OF CONCURRENT RESOLUTION--H.
RES. 495
Para. 85.25 SUBPOENA
[[Page 2884]]
Para. 85.26 LEAVE OF ABSENCE
Para. 85.27 ADJOURNMENT
Para. 85.28 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 85.29 SUBSEQUENT ACTION ON REPORTED BILL SEQUENTIALLY REFERRED
Para. 85.30 PUBLIC BILLS AND RESOLUTIONS
Para. 85.31 ADDITIONAL SPONSORS
FRIDAY, JULY 29, 1994 (86)
Para. 86.1 APPROVAL OF THE JOURNAL
Para. 86.2 COMMUNICATIONS
Para. 86.3 MESSAGE FROM THE SENATE
Para. 86.4 WORDS TAKEN DOWN
Para. 86.5 PROVIDING FOR THE CONSIDERATION OF H. CON. RES. 275--H. RES.
495
Para. 86.6 WAIVING ADJOURNMENT REQUIREMENT--H. CON. RES. 275
Para. 86.7 PROVIDING FOR THE CONSIDERATION OF H.R. 4801--H. RES. 494
Para. 86.8 [ROLL NO. 364]--ON ORDERING THE PREVIOUS QUESTION
Para. 86.9 [ROLL NO. 365]--ON AGREEING TO THE RESOLUTION
Para. 86.10 ADJOURNMENT OVER
Para. 86.11 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
Para. 86.12 LEAVE OF ABSENCE
Para. 86.13 ADJOURNMENT
Para. 86.14 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 86.15 PUBLIC BILLS AND RESOLUTIONS
Para. 86.16 ADDITIONAL SPONSORS
Para. 86.17 DELETIONS
MONDAY, AUGUST 1, 1994 (87)
Para. 87.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 87.2 RECESS--10:39 A.M.
Para. 87.3 AFTER RECESS--12:00 NOON
Para. 87.4 APPROVAL OF THE JOURNAL
Para. 87.5 COMMUNICATIONS
Para. 87.6 MESSAGE FROM THE SENATE
Para. 87.7 SUBMISSION OF CONFERENCE REPORT--H.R. 4426
Para. 87.8 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE PRESIDENT
Para. 87.9 NATIONAL EMERGENCY WITH RESPECT TO EXPORT CONTROLS
Para. 87.10 VETERANS' EDUCATION PROGRAM--H.R. 4768
Para. 87.11 VETERANS' EMPLOYMENT PROGRAM--H.R. 4776
Para. 87.12 VETERANS' HOUSING PROGRAMS--H.R. 4724
Para. 87.13 RECESS--12:23 P.M.
Para. 87.14 AFTER RECESS--12:30 P.M.
Para. 87.15 UNLISTED TRADING PRIVILEGES--H.R. 4535
Para. 87.16 U.S. MIA'S FROM CYPRUS--H.R. 2826
Para. 87.17 HELSINKI HUMAN RIGHTS DAY--S. J. RES. 195
Para. 87.18 TRANSFER OF NAVAL VESSELS--H. RES. 499
Para. 87.19 YAKIMA RIVER CONSERVATION--H.R. 1690
Para. 87.20 LOWELL NATIONAL HISTORICAL PARK--H.R. 4448
Para. 87.21 NEW BEDFORD WHALING HISTORIC PARK--H.R. 3898
Para. 87.22 LOWER EAST SIDE TENEMENT HISTORIC SITE--H.R. 4158
Para. 87.23 RECESS--2:10 P.M.
Para. 87.24 AFTER RECESS--4:45 P.M.
Para. 87.25 PERMISSION TO FILE REPORT--H.R. 4217
Para. 87.26 MILITARY CONSTRUCTION APPROPRIATIONS--H.R. 4453
Para. 87.27 AMENDMENTS IN DISAGREEMENT--H.R. 4453
Para. 87.28 ENERGY AND WATER APPROPRIATIONS--H.R. 4506
Para. 87.29 MOTION TO INSTRUCT CONFEREES--H.R. 4506
Para. 87.30 [ROLL NO. 366]--ON MOTION TO INSTRUCT
Para. 87.31 APPOINTMENT OF CONFEREES--H.R. 4506
[[Page 2885]]
Para. 87.32 H.R. 4448--UNFINISHED BUSINESS
Para. 87.33 [ROLL NO. 367]--ON PASSAGE
Para. 87.34 PROVIDING FOR THE CONSIDERATION OF H.R. 4003--H. RES. 500
Para. 87.35 PROVIDING FOR THE CONSIDERATION OF S. 1357--H. RES. 501
Para. 87.36 PROVIDING FOR THE CONSIDERATION OF S. 1066--H. RES. 502
Para. 87.37 H.R. 4158--UNFINISHED BUSINESS
Para. 87.38 [ROLL NO. 368]--ON PASSAGE
Para. 87.39 LEAVE OF ABSENCE
Para. 87.40 ADJOURNMENT
Para. 87.41 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 87.42 SUBSEQUENT ACTION ON REPORTED BILL SEQUENTIALLY REFERRED
Para. 87.43 PUBLIC BILLS AND RESOLUTIONS
Para. 87.44 ADDITIONAL SPONSORS
TUESDAY, AUGUST 2, 1994 (88)
Para. 88.1 RECESS--11:25 A.M.
Para. 88.2 AFTER RECESS--12:00 NOON
Para. 88.3 APPROVAL OF THE JOURNAL
Para. 88.4 COMMUNICATIONS
Para. 88.5 PRIVATE CALENDAR
Para. 88.6 BILLS PASSED
Para. 88.7 BILLS PASSED OVER
Para. 88.8 PROVIDING FOR THE CONSIDERATION OF H.R. 4003--H. RES. 500
Para. 88.9 [ROLL NO. 369]--ON AGREEING TO THE RESOLUTION
Para. 88.10 PERMISSION TO FILE CONFERENCE REPORT--H.R. 3474
Para. 88.11 PERMISSION TO FILE CONFERENCE REPORT--H.R. 3841
Para. 88.12 MARITIME ADMINISTRATION AUTHORIZATION--H.R. 4003
Para. 88.13 MESSAGE FROM THE PRESIDENT
Para. 88.14 RECORDED VOTE--AMENDMENT BY MR. STUDDS
Para. 88.15 [ROLL NO. 370]--ON AGREEING TO THE AMENDMENT
Para. 88.16 [ROLL NO. 371]--ON PASSAGE
Para. 88.17 CLERK TO CORRECT ENGROSSMENT--H.R. 4003
Para. 88.18 HOUR OF MEETING
Para. 88.19 MESSAGE FROM THE PRESIDENT--NATIONAL EMERGENCY WITH RESPECT
TO IRAQ
Para. 88.20 PERMISSION TO FILE REPORT--H.R. 4822
Para. 88.21 MESSAGE FROM THE SENATE
Para. 88.22 LEAVE OF ABSENCE
Para. 88.23 ADJOURNMENT
Para. 88.24 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 88.25 PUBLIC BILLS AND RESOLUTIONS
Para. 88.26 PRIVATE BILLS AND RESOLUTIONS
Para. 88.27 ADDITIONAL SPONSORS
WEDNESDAY, AUGUST 3, 1994 (89)
Para. 89.1 APPROVAL OF THE JOURNAL
Para. 89.2 COMMUNICATIONS
Para. 89.3 MESSAGE FROM THE SENATE
Para. 89.4 PROVIDING FOR THE CONSIDERATION OF S. 1357--H. RES. 501
Para. 89.5 PROVIDING FOR THE CONSIDERATION OF S. 1066--H. RES. 502
Para. 89.6 BANDS OF ODAWA AND OTTAWA INDIANS--S. 1357
Para. 89.7 [ROLL NO. 372]--ON PASSAGE
Para. 89.8 POKAGON BAND OF POTAWATOMI INDIANS--S. 1357
Para. 89.9 [ROLL NO. 373]--ON PASSAGE
Para. 89.10 GENERAL AVIATION LIABILITY LIMITS--S. 1458
Para. 89.11 PRINTING RESOLUTION--H. CON. RES. 248
Para. 89.12 PRINTING RESOLUTION--S. CON. RES. 38
Para. 89.13 PRINTING RESOLUTION--S. CON. RES. 39
Para. 89.14 PRINTING RESOLUTION--S. CON. RES. 40
[[Page 2886]]
Para. 89.15 PRINTING RESOLUTION--S. CON. RES. 41
Para. 89.16 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT ON H.R.
4426--H. RES. 504
Para. 89.17 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT ON H.R.
3841--H. RES. 505
Para. 89.18 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT ON H.R.
3474--H. RES. 506
Para. 89.19 SENATE BILL AND JOINT RESOLUTIONS REFERRED
Para. 89.20 SENATE ENROLLED JOINT RESOLUTION SIGNED
Para. 89.21 LEAVE OF ABSENCE
Para. 89.22 ADJOURNMENT
Para. 89.23 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 89.24 SUBSEQUENT ACTION ON REPORTED BILL SEQUENTIALLY REFERRED
Para. 89.25 PUBLIC BILLS AND RESOLUTIONS
Para. 89.26 ADDITIONAL SPONSORS
Para. 89.27 DELETIONS
THURSDAY, AUGUST 4, 1994 (90)
Para. 90.1 APPROVAL OF THE JOURNAL
Para. 90.2 [ROLL NO. 374]--ON APPROVAL OF THE JOURNAL
Para. 90.3 COMMUNICATIONS
Para. 90.4 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT ON H.R.
3841--H. RES. 505
Para. 90.5 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT ON H.R.
3474--H. RES. 506
Para. 90.6 INTERSTATE BANKING EFFICIENCY--H.R. 3841
Para. 90.7 COMMUNITY DEVELOPMENT BANKING AND FINANCIAL INSTITUTIONS--
CONFERENCE REPORT ON H.R. 3474
Para. 90.8 [ROLL NO. 375]--ON AGREEING TO THE CONFERENCE REPORT
Para. 90.9 PERMISSION TO FILE CONFERENCE REPORT--H.R. 4506
Para. 90.10 PUBLIC WORKS PROJECTS
Para. 90.11 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT ON
H.R. 4426--H. RES. 504
Para. 90.12 FOREIGN AID APPROPRIATIONS--H.R. 4426
Para. 90.13 [ROLL NO. 376]--ON AGREEING TO THE CONFERENCE REPORT
Para. 90.14 PERMISSION TO FILE CONFERENCE REPORT--H.R. 4649
Para. 90.15 PERMISSION TO FILE CONFERENCE REPORT--H.R. 4277
Para. 90.16 FEDERAL ACQUISITION REFORM--S. 1587
Para. 90.17 PROVIDING FOR THE CONSIDERATION OF H.R. 4277--H. RES. 507
Para. 90.18 ENROLLED BILLS AND JOINT RESOLUTION SIGNED
Para. 90.19 SENATE ENROLLED BILL SIGNED
Para. 90.20 LEAVE OF ABSENCE
Para. 90.21 ADJOURNMENT
Para. 90.22 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 90.23 PUBLIC BILLS AND RESOLUTIONS
Para. 90.24 PRIVATE BILLS AND RESOLUTIONS
Para. 90.25 ADDITIONAL SPONSORS
Para. 90.26 DELETIONS
FRIDAY, AUGUST 5, 1994 (91)
Para. 91.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 91.2 APPROVAL OF THE JOURNAL
Para. 91.3 COMMUNICATIONS
Para. 91.4 MESSAGE FROM THE SENATE
Para. 91.5 PROVIDING FOR THE CONSIDERATION OF H.R. 4217--H. RES. 507
Para. 91.6 FEDERAL CROP INSURANCE REFORM--H.R. 4217
Para. 91.7 RECORDED VOTE--SUBSTITUTE AMENDMENT BY MR. DE LA GARZA FOR
AMENDMENT, AS MODIFIED, BY MR. PENNY
Para. 91.8 [ROLL NO. 377]--ON AGREEING TO THE SUBSTITUTE AMENDMENT
Para. 91.9 RECORDED VOTE--FOREGOING AMENDMENT, AS MODIFIED, BY MR. PENNY
Para. 91.10 [ROLL NO. 378]--ON AGREEING TO THE FOREGOING AMENDMENT, AS
MODIFIED
Para. 91.11 CLERK TO CORRECT ENGROSSMENT--H.R. 4217
Para. 91.12 ORDER OF BUSINESS--CONSIDERATION OF H.R. 4649
Para. 91.13 ORDER OF BUSINESS--CONSIDERATION OF H.R. 4277
Para. 91.14 PROVIDING FOR THE CONSIDERATION OF BILL AND JOINT
RESOLUTION--MFN FOR CHINA--H. RES. 509
Para. 91.15 ADJOURNMENT OVER
[[Page 2887]]
Para. 91.16 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
Para. 91.17 PERMISSION TO FILE CONFERENCE REPORT--H.R. 2739
Para. 91.18 NATIONAL PEARL HARBOR REMEMBRANCE DAY--H. J. RES. 131
Para. 91.19 ITALIAN--AMERICAN HERITAGE AND CULTURE MONTH--H. J. RES. 175
Para. 91.20 NATIONAL MILITARY FAMILIES RECOGNITION DAY--H. J. RES. 188
Para. 91.21 CONSTITUTION DAY--H. J. RES. 390
Para. 91.22 NATIONAL FAMILY CAREGIVERS WEEK)--S. J. RES. 153
Para. 91.23 NATIONAL CHARACTER COUNTS WEEK--S. J. RES. 178
Para. 91.24 SENATE BILL AND JOINT RESOLUTION REFERRED
Para. 91.25 BILLS AND JOINT RESOLUTION PRESENTED TO THE PRESIDENT
Para. 91.26 LEAVE OF ABSENCE
Para. 91.27 ADJOURNMENT
Para. 91.28 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 91.29 PUBLIC BILLS AND RESOLUTIONS
Para. 91.30 MEMORIALS
Para. 91.31 ADDITIONAL SPONSORS
Para. 91.32 PETITIONS
Para. 91.33 DELETIONS
MONDAY, AUGUST 8, 1994 (92)
Para. 92.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 92.2 RECESS--10:50 A.M.
Para. 92.3 AFTER RECESS--12:00 NOON
Para. 92.4 APPROVAL OF THE JOURNAL
Para. 92.5 COMMUNICATIONS
Para. 92.6 MESSAGE FROM THE SENATE
Para. 92.7 VETERANS' PERSIAN GULF WAR BENEFITS--H.R. 4386
Para. 92.8 VETERANS COMPENSATION RATE AMENDMENTS--H.R. 4088
Para. 92.9 NASA AUTHORIZATION--H.R. 4489
Para. 92.10 BRUCE R. THOMPSON UNITED STATES COURTHOUSE AND FEDERAL
BUILDING--H.R. 3110
Para. 92.11 MATTHEW J. PERRY, JR. UNITED STATES COURTHOUSE--H.R. 4543
Para. 92.12 THOMAS F. EAGLETON UNITED STATES COURTHOUSE--H.R. 4790
Para. 92.13 THOMAS D. LAMBROS FEDERAL BUILDING--H.R. 4627
Para. 92.14 WALTER B. JONES FEDERAL BUILDING AND UNITED STATES
COURTHOUSE--H.R. 4772
Para. 92.15 TRANSFER OF U.S. MINT IN SAN FRANCISCO--H.R. 4812
Para. 92.16 AVIATION AUTHORIZATION/TRUCKING DEREGULATION--H.R. 2739
Para. 92.17 SUPPORT MEXICO'S ELECTORAL REFORM--H. CON. RES. 250
Para. 92.18 100TH ANNIVERSARY OF ROME'S AMERICAN ACADEMY--S. J. RES. 204
Para. 92.19 TRAUMATIC BRAIN INJURY--S. 725
Para. 92.20 MADE IN AMERICA TOLL FREE NUMBER--H.R. 3342
Para. 92.21 ENERGY POLICY AND CONSERVATION ACT AMENDMENTS--H.R. 4752
Para. 92.22 LOW-INCOME WEATHERIZATION REAUTHORIZATION--H.R. 4751
Para. 92.23 FEDERAL RAILROAD SAFETY AUTHORIZATION--H.R. 4545
Para. 92.24 DEFENSE ARTICLES AND SERVICES FINANCE--H.R. 4455
Para. 92.25 CHACOAN OUTLIERS PROTECTION--H.R. 1562
Para. 92.26 SANTA FE NATIONAL FOREST BOUNDARY--H.R. 3964
Para. 92.27 PISCATAWAY NATIONAL PARK EXPANSION--S. 1703
Para. 92.28 RED ROCK CANYON NATIONAL CONSERVATION AREA--H.R. 3050
Para. 92.29 OPAL CREEK FOREST PRESERVE--H.R. 3905
Para. 92.30 MOUNT PLEASANT NATIONAL SCENIC AREA--H.R. 2942
Para. 92.31 AMERICAN INDIAN RELIGIOUS FREEDOM ACT AMENDMENTS--H.R. 4230
Para. 92.32 MOHEGAN NATION OF CONNECTICUT LAND CLAIMS SETTLEMENT--H.R.
4653
Para. 92.33 D.C. SMALL CLAIMS COURT--H.R. 1631
Para. 92.34 RECESS--4:46 P.M.
Para. 92.35 AFTER RECESS--5 P.M.
Para. 92.36 DISTRICT OF COLUMBIA APPROPRIATIONS--H.R. 4649
Para. 92.37 AMENDMENTS IN DISAGREEMENT--H.R. 4649
Para. 92.38 H.R. 4545 --UNFINISHED BUSINESS
[[Page 2888]]
Para. 92.39 [ROLL NO. 379]--ON PASSAGE
Para. 92.40 ADJOURNMENT
Para. 92.41 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 92.42 PUBLIC BILLS AND RESOLUTIONS
Para. 92.43 ADDITIONAL SPONSORS
TUESDAY, AUGUST 9, 1994 (93)
Para. 93.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 93.2 RECESS--11:28 A.M.
Para. 93.3 AFTER RECESS--12:00 NOON
Para. 93.4 APPROVAL OF THE JOURNAL
Para. 93.5 [ROLL NO. 380]--ON APPROVAL OF THE JOURNAL
Para. 93.6 COMMUNICATIONS
Para. 93.7 MESSAGE FROM THE SENATE
Para. 93.8 PROVIDING FOR THE CONSIDERATION OF H.J. RES. 373 AND H.R.
4590--H. RES. 509
Para. 93.9 MFN FOR CHINA--H. J. RES. 373
Para. 93.10 [ROLL NO. 381]--ON PASSAGE
Para. 93.11 MFN FOR CHINA--H.R. 4590
Para. 93.12 RECORDED VOTE--SUBSTITUTE AMENDMENT BY MR. HAMILTON
Para. 93.13 [ROLL NO. 382]--ON AGREEING TO THE SUBSTITUTE AMENDMENT
Para. 93.14 RECORDED VOTE--SUBSTITUTE AMENDMENT BY MS. PELOSI
Para. 93.15 [ROLL NO. 383]--ON AGREEING TO THE SUBSTITUTE AMENDMENT
Para. 93.16 SUBPOENA
Para. 93.17 PROVIDING FOR THE CONSIDERATION OF H.R. 4907--H. RES. 512
Para. 93.18 PROVIDING FOR THE CONSIDERATION OF H.R. 4906--H. RES. 513
Para. 93.19 PROVIDING FOR THE CONSIDERATION OF H.R. 4822--H. RES. 514
Para. 93.20 SENATE ENROLLED JOINT RESOLUTIONS SIGNED
Para. 93.21 ADJOURNMENT
Para. 93.22 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 93.23 SUBSEQUENT ACTION ON REPORTED BILL SEQUENTIALLY REFERRED
Para. 93.24 PUBLIC BILLS AND RESOLUTIONS
Para. 93.25 ADDITIONAL SPONSORS
WEDNESDAY, AUGUST 10, 1994 (94)
Para. 94.1 APPROVAL OF THE JOURNAL
Para. 94.2 COMMUNICATIONS
Para. 94.3 MESSAGE FROM THE SENATE
Para. 94.4 COMMERCE, JUSTICE, STATE, JUDICIARY APPROPRIATIONS--H.R. 4603
Para. 94.5 MOTION TO INSTRUCT CONFEREES--H.R. 4603
Para. 94.6 [ROLL NO. 384]--ON MOTION TO INSTRUCT
Para. 94.7 APPOINTMENT OF CONFEREES--H.R. 4603
Para. 94.8 ENERGY AND WATER APPROPRIATIONS--H.R. 4506
Para. 94.9 [ROLL NO. 385]--ON PASSAGE
Para. 94.10 AMENDMENTS IN DISAGREEMENT--H.R. 4506
Para. 94.11 HOUR OF MEETING
Para. 94.12 PROVIDING FOR THE CONSIDERATION OF H.R. 4822--H. RES. 514
Para. 94.13 [ROLL NO. 386]--ON ORDERING THE PREVIOUS QUESTION
Para. 94.14 CONGRESSIONAL ACCOUNTABILITY--H.R. 4822
Para. 94.15 CALL IN COMMITTEE
Para. 94.16 [ROLL NO. 387]--CALL IN COMMITTEE
Para. 94.17 RECORDED VOTE--AMENDMENT BY MS. BYRNE
Para. 94.18 [ROLL NO. 388]--ON AGREEING TO THE AMENDMENT
Para. 94.19 RECORDED VOTE--AMENDMENT BY MR. FINGERHUT TO AMENDMENT BY
MR. BEILENSON
Para. 94.20 [ROLL NO. 389]--ON AGREEING TO THE AMENDMENT TO THE
AMENDMENT
Para. 94.21 [ROLL NO. 390]--ON PASSAGE
Para. 94.22 MARTIN LUTHER KING, JR. FEDERAL HOLIDAY COMMISSION--H.R.
1933
Para. 94.23 SUBPOENA
Para. 94.24 SUBMISSION OF CONFERENCE REPORT--H.R. 3355--H.R. 3355
[[Page 2889]]
Para. 94.25 PROVIDING FOR THE CONSIDERATION OF H.R. 4908--H. RES. 515
Para. 94.26 PROVIDING FOR THE CONSIDERATION OF H.R. 3433--H. RES. 516
Para. 94.27 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT ON
H.R. 3355--H. RES. 517
Para. 94.28 ENROLLED BILLS SIGNED
Para. 94.29 SENATE ENROLLED JOINT RESOLUTIONS SIGNED
Para. 94.30 LEAVE OF ABSENCE
Para. 94.31 ADJOURNMENT
Para. 94.32 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 94.33 PUBLIC BILLS AND RESOLUTIONS
Para. 94.34 PRIVATE BILLS AND RESOLUTIONS
Para. 94.35 ADDITIONAL SPONSORS
THURSDAY, AUGUST 11, 1994 (95)
Para. 95.1 APPROVAL OF THE JOURNAL
Para. 95.2 [ROLL NO. 391]--ON APPROVAL OF THE JOURNAL
Para. 95.3 COMMUNICATIONS
Para. 95.4 MESSAGE FROM THE SENATE
Para. 95.5 SOCIAL SECURITY ADMINISTRATION REFORM--CONFERENCE REPORT ON
H.R. 4277
Para. 95.6 [ROLL NO. 392]--ON AGREEING TO THE CONFERENCE REPORT
Para. 95.7 PROVIDING FOR THE CONSIDERATION OF H.R. 4907--H. RES. 512
Para. 95.8 [ROLL NO. 393]--ON AGREEING TO THE RESOLUTION
Para. 95.9 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT ON H.R.
3355--H. RES. 517
Para. 95.10 [ROLL NO. 394]--ON AGREEING TO THE RESOLUTION
Para. 95.11 SUBPOENA
Para. 95.12 SENATE BILLS REFERRED
Para. 95.13 LEAVE OF ABSENCE
Para. 95.14 ADJOURNMENT
Para. 95.15 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 95.16 PUBLIC BILLS AND RESOLUTIONS
Para. 95.17 MEMORIALS
Para. 95.18 ADDITIONAL SPONSORS
Para. 95.19 PETITIONS
FRIDAY, AUGUST 12, 1994 (96)
Para. 96.1 APPROVAL OF THE JOURNAL
Para. 96.2 COMMUNICATIONS
Para. 96.3 PERMISSION TO FILE CONFERENCE REPORT--S. 2182
Para. 96.4 BASELINE BUDGETING--H.R. 4907
Para. 96.5 RECORDED VOTE--SUBSTITUTE AMENDMENT BY MR. PENNY
Para. 96.6 [ROLL NO. 395]--ON AGREEING TO THE SUBSTITUTE AMENDMENT
Para. 96.7 RECORDED VOTE--SUBSTITUTE AMENDMENT BY MR. SPRATT
Para. 96.8 [ROLL NO. 396]--ON AGREEING TO THE SUBSTITUTE AMENDMENT
Para. 96.9 MESSAGE FROM THE SENATE
Para. 96.10 ADJOURNMENT OVER
Para. 96.11 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
Para. 96.12 NORTHERN GREAT PLAINS RURAL DEVELOPMENT--S. 2099
Para. 96.13 PLANT VARIETY PROTECTION--H.R. 2927
Para. 96.14 NATIONAL POW/MIA RECOGNITION DAY--S. J. RES. 196
Para. 96.15 PRIVILEGES OF THE HOUSE--RETURN OF BILL TO SENATE--H. RES.
518
Para. 96.16 ENROLLED BILLS AND JOINT RESOLUTIONS SIGNED
Para. 96.17 BILLS PRESENTED TO THE PRESIDENT
Para. 96.18 LEAVE OF ABSENCE
Para. 96.19 ADJOURNMENT
Para. 96.20 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 96.21 SUBSEQUENT ACTION ON REPORTED BILLS SEQUENTIALLY REFERRED
Para. 96.22 PUBLIC BILLS AND RESOLUTIONS
Para. 96.23 MEMORIALS
Para. 96.24 ADDITIONAL SPONSORS
[[Page 2890]]
TUESDAY, AUGUST 16, 1994 (97)
Para. 97.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 97.2 RECESS--11:28 A.M.
Para. 97.3 AFTER RECESS--12:00 NOON
Para. 97.4 APPROVAL OF THE JOURNAL
Para. 97.5 COMMUNICATIONS
Para. 97.6 MESSAGE FROM THE SENATE
Para. 97.7 PRIVATE CALENDAR BUSINESS DISPENSED WITH
Para. 97.8 EXTEND SATELLITE BROADCAST RETRANSMISSION RIGHTS--H.R. 1103
Para. 97.9 PARK BOUNDARY ADJUSTMENTS AND MISCELLANEOUS--H. RES. 520
Para. 97.10 FARMINGTON WILD AND SCENIC RIVER--H.R. 2815
Para. 97.11 BLACK REVOLUTIONARY WAR PATRIOTS/WOMEN MILITARY MEMORIALS--
H.R. 2947
Para. 97.12 SUBPOENA
Para. 97.13 FBI EMPLOYEES PLACEMENT ASSISTANCE--H.R. 4884
Para. 97.14 HIGH SPEED RAIL DEVELOPMENT--H.R. 4867
Para. 97.15 RAILROAD UNEMPLOYMENT INSURANCE--H.R. 4868
Para. 97.16 HAZMAT TRANSPORTATION AUTHORIZATION--H.R. 2178
Para. 97.17 U.S. MINT IN SAN FRANCISCO--H.R. 4812
Para. 97.18 TECHNICAL CORRECTIONS TO NATIVE AMERICAN LAWS--H.R. 4709
Para. 97.19 TRIBAL SELF-GOVERNANCE--H.R. 3508
Para. 97.20 RECESS--2:19 P.M.
Para. 97.21 AFTER RECESS--5:03 P.M.
Para. 97.22 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT ON S.
2182--H. RES. 521
Para. 97.23 TREASURY-POSTAL SERVICE APPROPRIATIONS--H.R. 4539
Para. 97.24 MOTION TO INSTRUCT CONFEREES--H.R. 4539
Para. 97.25 APPOINTMENT OF CONFEREES--H.R. 4539
Para. 97.26 PERMISSION TO FILE CONFERENCE REPORT--H.R. 4603
Para. 97.27 H.R. 2947--UNFINISHED BUSINESS
Para. 97.28 [ROLL NO. 397]--ON AGREEING TO THE SENATE AMENDMENTS
Para. 97.29 H.R. 4867--UNFINISHED BUSINESS
Para. 97.30 [ROLL NO. 398]--ON PASSAGE
Para. 97.31 UNFINISHED BUSINESS--APPROVAL OF THE JOURNAL
Para. 97.32 [ROLL NO. 399]--ON APPROVAL OF THE JOURNAL
Para. 97.33 WAIVING REQUIREMENT OF CLAUSE 4(B), RULE XI TO CONSIDER A
RESOLUTION--H. RES. 522
Para. 97.34 SENATE BILL AND JOINT RESOLUTIONS REFERRED
Para. 97.35 SENATE ENROLLED BILL AND JOINT RESOLUTIONS SIGNED
Para. 97.36 BILLS AND JOINT RESOLUTIONS PRESENTED TO THE PRESIDENT
Para. 97.37 LEAVE OF ABSENCE
Para. 97.38 ADJOURNMENT
Para. 97.39 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 97.40 SUBSEQUENT ACTION ON REPORTED BILLS SEQUENTIALLY REFERRED
Para. 97.41 REPORTED BILL SEQUENTIALLY REFERRED
Para. 97.42 PUBLIC BILLS AND RESOLUTIONS
Para. 97.43 ADDITIONAL SPONSORS
WEDNESDAY, AUGUST 17, 1994 (98)
Para. 98.1 APPROVAL OF THE JOURNAL
Para. 98.2 COMMUNICATIONS
Para. 98.3 VA AND HUD APPROPRIATIONS--H.R. 4624
Para. 98.4 PROVIDING FOR THE CONSIDERATION OF H.R. 4906--H. RES. 513
Para. 98.5 EMERGENCY SPENDING CONTROL--H.R. 4906
Para. 98.6 MESSAGE FROM THE PRESIDENT
Para. 98.7 RECORDED VOTE--SUBSTITUTE AMENDMENT, AS MODIFIED, BY MR.
JOHNSON OF TEXAS
Para. 98.8 [ROLL NO. 400]--ON AGREEING TO THE SUBSTITUTE AMENDMENT, AS
MODIFIED
Para. 98.9 RECORDED VOTE--SUBSTITUTE AMENDMENT BY MR. CASTLE
Para. 98.10 [ROLL NO. 401]--ON AGREEING TO THE SUBSTITUTE AMENDMENT
Para. 98.11 RECORDED VOTE--SUBSTITUTE AMENDMENT OF MR. KASICH
Para. 98.12 [ROLL NO. 402]--ON AGREEING TO THE SUBSTITUTE AMENDMENT
Para. 98.13 [ROLL NO. 403]--ON PASSAGE
[[Page 2891]]
Para. 98.14 MESSAGE FROM THE PRESIDENT--NATIONAL EMERGENCY WITH RESPECT
TO ANGOLA
Para. 98.15 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT ON S.
2182--H. RES. 521
Para. 98.16 MESSAGE FROM THE PRESIDENT
Para. 98.17 DOD AUTHORIZATION--CONFERENCE REPORT ON H.R. 2401
Para. 98.18 [ROLL NO. 404]--ON AGREEING TO THE CONFERENCE REPORT
Para. 98.19 CORRECT ENROLLMENT--S. 2182--H. CON. RES. 285
Para. 98.20 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT ON
H.R.4603--H. RES. 523
Para. 98.21 UNFINISHED BUSINESS--APPROVAL OF THE JOURNAL
Para. 98.22 [ROLL NO. 405]--ON APPROVAL OF THE JOURNAL
Para. 98.23 MESSAGE FROM THE PRESIDENT--DUTY-FREE ACCESS FOR BELARUS AND
UZBEKISTAN
Para. 98.24 ENROLLED BILLS SIGNED
Para. 98.25 LEAVE OF ABSENCE
Para. 98.26 ADJOURNMENT
Para. 98.27 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 98.28 SUBSEQUENT ACTION ON REPORTED BILLS SEQUENTIALLY REFERRED
Para. 98.29 PUBLIC BILLS AND RESOLUTIONS
Para. 98.30 MEMORIALS
Para. 98.31 ADDITIONAL SPONSORS
Para. 98.32 PETITIONS
Para. 98.33 DELETIONS
THURSDAY, AUGUST 18, 1994 (99)
Para. 99.1 APPROVAL OF THE JOURNAL
Para. 99.2 COMMUNICATIONS
Para. 99.3 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT ON H.R.
4603--H. RES. 523
Para. 99.4 [ROLL NO. 406]--ON ORDERING THE PREVIOUS QUESTION
Para. 99.5 [ROLL NO. 407]--ON AGREEING TO THE RESOLUTION
Para. 99.6 MODIFICATION OF CONFEREES--S. 1587
Para. 99.7 MESSAGE FROM THE SENATE
Para. 99.8 SUBPOENA
Para. 99.9 COMMERCE, JUSTICE, STATE, JUDICIARY APPROPRIATIONS--
CONFERENCE REPORT ON H.R. 2519
Para. 99.10 [ROLL NO. 408]--ON AGREEING TO THE CONFERENCE REPORT
Para. 99.11 PROVIDING FOR THE CONSIDERATION OF H.R. 3433--H. RES. 516
Para. 99.12 PRESIDIO MANAGEMENT--H.R. 3433
Para. 99.13 RECORDED VOTE--AMENDMENT BY MR. ALLARD
Para. 99.14 [ROLL NO. 409]--ON AGREEING TO THE AMENDMENT
Para. 99.15 RECORDED VOTE--AMENDMENT BY MR. GRAMS
Para. 99.16 [ROLL NO. 410]--ON AGREEING TO THE AMENDMENT
Para. 99.17 [ROLL NO. 411]--ON PASSAGE
Para. 99.18 SENATE BILL REFERRED
Para. 99.19 ENROLLED BILLS SIGNED
Para. 99.20 LEAVE OF ABSENCE
Para. 99.21 ADJOURNMENT
Para. 99.22 SUBSEQUENT ACTION ON REPORTED BILL SEQUENTIALLY REFERRED
Para. 99.23 PUBLIC BILLS AND RESOLUTIONS
Para. 99.24 ADDITIONAL SPONSORS
Para. 99.25 DELETIONS
FRIDAY, AUGUST 19, 1994 (100)
Para. 100.1 APPROVAL OF THE JOURNAL
Para. 100.2 COMMUNICATIONS
Para. 100.3 MESSAGE FROM THE PRESIDENT
Para. 100.4 MESSAGE FROM THE SENATE
Para. 100.5 PROVIDING FOR THE CONSIDERATION OF H.R. 4908--H. RES. 515
Para. 100.6 MESSAGE FROM THE PRESIDENT--DEPARTMENTS OF LABOR AND HHS
Para. 100.7 HYDROGEN AND FUSION RESEARCH--H.R. 4908
Para. 100.8 RECORDED VOTE--AMENDMENT BY MR. WALKER
Para. 100.9 [ROLL NO. 412]--ON AGREEING TO THE AMENDMENT
[[Page 2892]]
Para. 100.10 RECOMMITTED TO CONFERENCE H.R. 3355
Para. 100.11 ORDER OF BUSINESS--CONSIDERATION OF THE CONFERENCE REPORT
ON H.R. 3355
Para. 100.12 HOUR OF MEETING
Para. 100.13 APPOINTMENT OF ADDITIONAL CONFEREES--H.R. 3355
Para. 100.14 PERMISSION TO FILE CONFERENCE REPORT--H.R. 3355
Para. 100.15 FURTHER MESSAGE FROM THE SENATE
Para. 100.16 MESSAGES FROM THE PRESIDENT
Para. 100.17 MESSAGE FROM THE PRESIDENT--U.S.-UNITED NATIONS ACTIVITIES
Para. 100.18 MESSAGE FROM THE PRESIDENT--EXPORT ADMINISTRATION ACT
EXTENSION
Para. 100.19 SENATE BILL REFERRED
Para. 100.20 BILLS PRESENTED TO THE PRESIDENT
Para. 100.21 LEAVE OF ABSENCE
Para. 100.22 ADJOURNMENT
Para. 100.23 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 100.24 PUBLIC BILLS AND RESOLUTIONS
Para. 100.25 ADDITIONAL SPONSORS
Para. 100.26 DELETIONS
SATURDAY, AUGUST 20, 1994 (101)
Para. 101.1 APPROVAL OF THE JOURNAL
Para. 101.2 COMMUNICATIONS
Para. 101.3 RECESS--12:41 P.M.
SUNDAY, AUGUST 21 (LEGISLATIVE DAY OF AUGUST 20), 1994
Para. 101.4 AFTER RECESS--1:40 A.M.
Para. 101.5 ORDER OF BUSINESS--CONSIDERATION OF THE CONFERENCE REPORT ON
H.R. 3355
Para. 101.6 HOUR OF MEETING
Para. 101.7 PERMISSION TO FILE CONFERENCE REPORT--H.R. 3355
Para. 101.8 UNFINISHED BUSINESS--APPROVAL OF THE JOURNAL
Para. 101.9 ADJOURNMENT
Para. 101.10 PUBLIC BILLS AND RESOLUTIONS
Para. 101.11 ADDITIONAL SPONSORS
Para. 101.12 DELETIONS
SUNDAY, AUGUST 21, 1994 (102)
Para. 102.1 APPROVAL OF THE JOURNAL
Para. 102.2 [ROLL NO. 413]--ON APPROVAL OF THE JOURNAL
Para. 102.3 SUBMISSION OF CONFERENCE REPORT--H.R. 3355
Para. 102.4 SUBMISSION OF CONFERENCE REPORT--S. 1587
Para. 102.5 WAIVING POINTS OF ORDER AGAINST THE FURTHER CONFERENCE
REPORT ON H.R. 3355--H. RES. 526
Para. 102.6 [ROLL NO. 414]--ON AGREEING TO THE RESOLUTION
Para. 102.7 CRIME CONTROL--CONFERENCE REPORT ON H.R. 3355
Para. 102.8 [ROLL NO. 415]--ON AGREEING TO THE MOTION TO RECOMMIT WITH
INSTRUCTIONS
Para. 102.9 [ROLL NO. 416]--ON AGREEING TO THE CONFERENCE REPORT
Para. 102.10 PERMISSION TO FILE CONFERENCE REPORT--H.R. 4624
Para. 102.11 ADJOURNMENT OF THE TWO HOUSES--H. CON. RES. 289
Para. 102.12 ORDER OF BUSINESS--ADJOURNMENTS OVER
Para. 102.13 SPEAKER AND MINORITY LEADER TO ACCEPT RESIGNATIONS, APPOINT
COMMISSIONS
Para. 102.14 DESIGNATION OF SPEAKER PRO TEMPORE TO SIGN ENROLLMENTS
Para. 102.15 ENROLLED BILL SIGNED
Para. 102.16 LEAVE OF ABSENCE
Para. 102.17 ADJOURNMENT
Para. 102.18 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 102.19 PUBLIC BILLS AND RESOLUTIONS
Para. 102.20 ADDITIONAL SPONSORS
TUESDAY, AUGUST 23, 1994 (103)
Para. 103.1 APPROVAL OF THE JOURNAL
Para. 103.2 COMMUNICATIONS
[[Page 2893]]
Para. 103.3 MESSAGE FROM THE SENATE
Para. 103.4 ENROLLED BILL SIGNED
Para. 103.5 COMMUNICATION FROM THE PRESIDENT--BOSNIA-HERZEGOVINA
Para. 103.6 SENATE BILL AND JOINT RESOLUTIONS REFERRED
Para. 103.7 ENROLLED BILLS SIGNED
Para. 103.8 ADJOURNMENT
Para. 103.9 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 103.10 PUBLIC BILLS AND RESOLUTIONS
Para. 103.11 ADDITIONAL SPONSORS
FRIDAY, AUGUST 26, 1994 (104)
Para. 104.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 104.2 APPROVAL OF THE JOURNAL
Para. 104.3 COMMUNICATIONS
Para. 104.4 MESSAGE FROM THE SENATE
Para. 104.5 PROVIDING FOR THE ADJOURNMENT OF THE TWO HOUSES-H. CON. RES.
289
Para. 104.6 ADJOURNMENT
Para. 104.7 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 104.8 ADDITIONAL SPONSORS
MONDAY, SEPTEMBER 12, 1994 (105)
Para. 105.1 APPROVAL OF THE JOURNAL
Para. 105.2 COMMUNICATIONS
Para. 105.3 MESSAGE FROM THE SENATE
Para. 105.4 ENROLLED BILLS SIGNED
Para. 105.5 INTERPARLIAMENTARY UNION--APPOINTMENT
Para. 105.6 FEDERAL MARITIME COMMISSION AUTHORIZATION--H.R. 4391
Para. 105.7 WETLANDS CONSERVATION AUTHORIZATION--H.R. 4308
Para. 105.8 FISH AND WILDLIFE CONSERVATION ON MILITARY BASES--H.R. 3300
Para. 105.9 RECESS--12:52 P.M.
Para. 105.10 AFTER RECESS--4:36 P.M.
Para. 105.11 VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT
APPROPRIATIONS--H.R. 2491
Para. 105.12 [ROLL NO. 417]--ON AGREEING TO THE CONFERENCE REPORT
Para. 105.13 AMENDMENTS IN DISAGREEMENT
Para. 105.14 [ROLL NO. 418]--ON MOTION TO RECEDE AND CONCUR IN SENATE
AMENDMENT NUMBERED 28
Para. 105.15 [ROLL NO. 419]--ON MOTION TO RECEDE AND CONCUR IN SENATE
AMENDMENT NUMBERED 87
Para. 105.16 ORDER OF BUSINESS--POSTPONEMENT OF VOTE ON SUSPENSION
Para. 105.17 SENATE BILLS REFERRED
Para. 105.18 ENROLLED BILLS SIGNED
Para. 105.19 SENATE ENROLLED BILLS SIGNED
Para. 105.20 BILLS PRESENTED TO THE PRESIDENT
Para. 105.21 LEAVE OF ABSENCE
Para. 105.22 ADJOURNMENT
Para. 105.23 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 105.24 PUBLIC BILLS AND RESOLUTIONS
Para. 105.25 MEMORIALS
Para. 105.26 PRIVATE BILLS AND RESOLUTIONS
Para. 105.27 ADDITIONAL SPONSORS
Para. 105.28 PETITIONS
TUESDAY, SEPTEMBER 13, 1994 (106)
Para. 106.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 106.2 RECESS--11:10 A.M.
Para. 106.3 AFTER RECESS--12:00 NOON
Para. 106.4 APPROVAL OF THE JOURNAL
Para. 106.5 [ROLL NO. 420]--ON APPROVAL OF THE JOURNAL
Para. 106.6 COMMUNICATIONS
Para. 106.7 MESSAGE FROM THE SENATE
[[Page 2894]]
Para. 106.8 NOTICE REQUIREMENT--CONSIDERATION OF RESOLUTION--QUESTION OF
PRIVILEGES
Para. 106.9 INTELLIGENCE AUTHORIZATION--H.R. 4299
Para. 106.10 LABOR, HHS, AND EDUCATION APPROPRIATIONS--H.R. 4606
Para. 106.11 MOTION TO INSTRUCT CONFEREES--H.R. 4606
Para. 106.12 APPOINTMENT OF CONFEREES--H.R. 4606
Para. 106.13 AGRICULTURE APPROPRIATIONS--H.R. 4554
Para. 106.14 MOTION TO INSTRUCT CONFEREES--H.R. 4554
Para. 106.15 APPOINTMENT OF CONFEREES--H.R. 4554
Para. 106.16 INTERIOR APPROPRIATIONS--H.R. 4602
Para. 106.17 MOTION TO INSTRUCT CONFEREES--H.R. 4602
Para. 106.18 [ROLL NO. 421]--ON MOTION TO INSTRUCT CONFEREES
Para. 106.19 APPOINTMENT OF CONFEREES--H.R. 4602
Para. 106.20 DOD APPROPRIATIONS--H.R. 4650
Para. 106.21 MOTION TO INSTRUCT CONFEREES--H.R. 4650
Para. 106.22 POINT OF ORDER
Para. 106.23 MOTION TO INSTRUCT CONFEREES--H.R. 4650
Para. 106.24 APPOINTMENT OF CONFEREES--H.R. 4650
Para. 106.25 PROVIDING FOR A CLOSED CONFERENCE--H.R. 4650
Para. 106.26 [ROLL NO. 422]--ON MOTION TO CLOSE CONFERENCE
Para. 106.27 H.R. 4308--UNFINISHED BUSINESS
Para. 106.28 [ROLL NO. 423]--ON PASSAGE
Para. 106.29 NOTICE REQUIREMENT--CONSIDERATION OF RESOLUTION--QUESTION
OF PRIVILEGES
Para. 106.30 ADJOURNMENT OVER
Para. 106.31 ADJOURNMENT OVER
Para. 106.32 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
Para. 106.33 VETERANS EMPLOYMENT RIGHTS AND BENEFITS--H.R. 995
Para. 106.34 LEAVE OF ABSENCE
Para. 106.35 ADJOURNMENT
Para. 106.36 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 106.37 PUBLIC BILLS AND RESOLUTIONS
Para. 106.38 MEMORIALS
Para. 106.39 PRIVATE BILLS AND RESOLUTIONS
Para. 106.40 ADDITIONAL SPONSORS
Para. 106.41 PETITIONS
FRIDAY, SEPTEMBER 16, 1994 (107)
Para. 107.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 107.2 APPROVAL OF THE JOURNAL
Para. 107.3 COMMUNICATIONS
Para. 107.4 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE SENATE
Para. 107.5 SUBPOENA
Para. 107.6 ENROLLED BILL SIGNED
Para. 107.7 BILLS PRESENTED TO THE PRESIDENT
Para. 107.8 ADJOURNMENT
Para. 107.9 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 107.10 PUBLIC BILLS AND RESOLUTIONS
Para. 107.11 MEMORIALS
Para. 107.12 ADDITIONAL SPONSORS
MONDAY, SEPTEMBER 19, 1994 (108)
Para. 108.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 108.2 APPROVAL OF THE JOURNAL
Para. 108.3 COMMUNICATIONS
Para. 108.4 NOTICE REQUIREMENT--MOTION TO INSTRUCT CONFEREES--H.R. 4539
Para. 108.5 WILLIAM RANDALL POST OFFICE--H.R. 4551
Para. 108.6 FANNIE LOU HAMER POST OFFICE--H.R. 4452
Para. 108.7 WILBERT ARMSTRONG POST OFFICE--H.R. 4571
Para. 108.8 UBALDINA SIMMONS POST OFFICE--H.R. 4193
[[Page 2895]]
Para. 108.9 ARTURO R. WATLINGTON, SR., POST OFFICE--H.R. 4192
Para. 108.10 EARLE B. OTTLEY POST OFFICE--H.R. 4194
Para. 108.11 STATE DEPARTMENT AUTHORIZATION TECHNICAL CORRECTIONS--H.R.
5034
Para. 108.12 INTERNATIONAL NARCOTICS CONTROL--H.R. 5030
Para. 108.13 CHILD ABUSE ACCOUNTABILITY--H.R. 3694
Para. 108.14 FEDERAL EMPLOYEES FAMILY-FRIENDLY LEAVE--H.R. 4361
Para. 108.15 JERRY L. LITTON UNITED STATES POST OFFICE BUILDING--H.R.
1779
Para. 108.16 ALVARO DE LUGO UNITED STATES POST OFFICE--H.R. 4190
Para. 108.17 JOBS THROUGH TRADE EXPANSION ACT--H.R. 4950
Para. 108.18 RECESS--3:28 P.M.
Para. 108.19 AFTER RECESS--5:03 P.M.
Para. 108.20 AFRICAN CONFLICT RESOLUTION--H.R. 4541
Para. 108.21 ORDER OF BUSINESS--CONSIDERATION OF H. CON. RES. 290
Para. 108.22 HAITI--H. CON. RES. 290
Para. 108.23 [ROLL NO. 424]--ON AGREEING TO THE CONCURRENT RESOLUTION
Para. 108.24 NOTICE REQUIREMENT--MOTION TO INSTRUCT CONFEREES--H.R. 4539
Para. 108.25 NOTICE REQUIREMENT--MOTION TO INSTRUCT CONFEREES--H.R. 4539
Para. 108.26 LEAVE OF ABSENCE
Para. 108.27 ADJOURNMENT
Para. 108.28 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 108.29 PUBLIC BILLS AND RESOLUTIONS
Para. 108.30 PRIVATE BILLS AND RESOLUTIONS
Para. 108.31 ADDITIONAL SPONSORS
Para. 108.32 DELETIONS
TUESDAY, SEPTEMBER 20, 1994 (109)
Para. 109.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 109.2 RECESS--10:38 A.M.
Para. 109.3 AFTER RECESS--12:00 NOON
Para. 109.4 APPROVAL OF THE JOURNAL
Para. 109.5 COMMUNICATIONS
Para. 109.6 RESIGNATION--PARLIAMENTARIAN
Para. 109.7 APPOINTMENT--PARLIAMENTARIAN
Para. 109.8 TRANSPORTATION APPROPRIATIONS--H.R. 4556
Para. 109.9 MOTION TO INSTRUCT CONFEREES--H.R. 4556
Para. 109.10 APPOINTMENT OF CONFEREES--H.R. 4556
Para. 109.11 FEDERAL ACQUISITION REFORM--CONFERENCE REPORT ON S. 1587
Para. 109.12 [ROLL NO. 425]--ON AGREEING TO THE CONFERENCE REPORT
Para. 109.13 CORRECTING ENROLLMENT--S. 1587--H. CON. RES. 291
Para. 109.14 PERMISSION TO FILE CONFERENCE REPORT--H.R. 4606
Para. 109.15 PERMISSION TO FILE CONFERENCE REPORT--H.R. 4554
Para. 109.16 IMPROVING AMERICA'S SCHOOLS--H.R. 6
Para. 109.17 MOTION TO INSTRUCT CONFEREES--H.R. 6
Para. 109.18 [ROLL NO. 426]--ON MOTION TO INSTRUCT CONFEREES
Para. 109.19 APPOINTMENT OF CONFEREES--H.R. 6
Para. 109.20 SUBMISSION OF CONFERENCE REPORT--H.R. 4539
Para. 109.21 NETWORK BROADCAST TREATMENT--S. 2406
Para. 109.22 NATIONALITY AND NATURALIZATION AMENDMENTS--H. RES. 533
Para. 109.23 PROCESS PATENT AMENDMENTS--H.R. 4307
Para. 109.24 CORRECT ENGROSSMENT OF HOUSE AMENDMENT TO S. 725--H. RES.
534
Para. 109.25 VEGETABLE INK PRINTING--S. 716
Para. 109.26 MESSAGE FROM THE PRESIDENT
Para. 109.27 MESSAGE FROM THE PRESIDENT--U.S.-CHINA FISHERIES AGREEMENT
Para. 109.28 MESSAGE FROM THE PRESIDENT--NATIONAL EMERGENCY WITH RESPECT
TO ANGOLA
Para. 109.29 PROVIDING FOR THE CONSIDERATION OF H.R. 4448--H. RES. 532
Para. 109.30 PROVIDING FOR THE CONSIDERATION OF H.R. 4422--H. RES. 535
Para. 109.31 PROVIDING FOR THE CONSIDERATION OF H.R. 2866--H. RES. 536
Para. 109.32 SUBPOENA
[[Page 2896]]
Para. 109.33 ADJOURNMENT
Para. 109.34 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 109.35 PUBLIC BILLS AND RESOLUTIONS
Para. 109.36 PRIVATE BILLS AND RESOLUTIONS
Para. 109.37 ADDITIONAL SPONSORS
WEDNESDAY, SEPTEMBER 21, 1994 (110)
Para. 110.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 110.2 APPROVAL OF THE JOURNAL
Para. 110.3 COMMUNICATIONS
Para. 110.4 APPOINTMENT OF ADDITIONAL CONFEREES--H.R. 6
Para. 110.5 SMALL BUSINESS REAUTHORIZATION--H.R. 4801
Para. 110.6 [ROLL NO. 427]--MOTION TO RECOMMIT WITH INSTRUCTIONS
Para. 110.7 [ROLL NO. 428]--ON PASSAGE
Para. 110.8 ORDER OF BUSINESS--CONSIDERATION OF CONFERENCE REPORT--H.R.
4606
Para. 110.9 PROVIDING FOR THE CONSIDERATION OF H.R. 2866--H. RES. 536
Para. 110.10 [ROLL NO. 429]--ON ORDERING THE PREVIOUS QUESTION
Para. 110.11 [ROLL NO. 430]--ON AGREEING TO THE RESOLUTION
Para. 110.12 HEADWATERS FOREST--H.R. 2866
Para. 110.13 RECORDED VOTE--AMENDMENT BY MR. DOOLITTLE
Para. 110.14 [ROLL NO. 431]--ON AGREEING TO THE AMENDMENT
Para. 110.15 RECORDED VOTE--AMENDMENT BY MR. POMBO
Para. 110.16 [ROLL NO. 432]--ON AGREEING TO THE AMENDMENT
Para. 110.17 [ROLL NO. 433]--ON PASSAGE
Para. 110.18 CLERK TO CORRECT ENGROSSMENT--H.R. 2866
Para. 110.19 PERMISSION TO FILE REPORT--H.R. 3171
Para. 110.20 WAIVING POINTS OF ORDER OR AGAINST CONFERENCE REPORT ON
H.R.4539--H. RES. 539
Para. 110.21 NOTICE REQUIREMENT--CONSIDERATION OF RESOLUTION--QUESTION
OF PRIVILEGES
Para. 110.22 MESSAGE FROM THE PRESIDENT
Para. 110.23 MESSAGE FROM THE PRESIDENT--EMIGRATION STANDARDS OF RUSSIAN
FEDERATION
Para. 110.24 LEAVE OF ABSENCE
Para. 110.25 ADJOURNMENT
Para. 110.26 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 110.27 PUBLIC BILLS AND RESOLUTIONS
Para. 110.28 PRIVATE BILLS AND RESOLUTIONS
Para. 110.29 ADDITIONAL SPONSORS
THURSDAY, SEPTEMBER 22, 1994 (111)
Para. 111.1 APPROVAL OF THE JOURNAL
Para. 111.2 COMMUNICATIONS
Para. 111.3 MESSAGE FROM THE SENATE
Para. 111.4 LABOR-HHS-EDUCATION APPROPRIATIONS--CONFERENCE REPORT ON
H.R. 4606
Para. 111.5 [ROLL NO. 434]--ON AGREEING TO THE CONFERENCE REPORT
Para. 111.6 AMENDMENTS IN DISAGREEMENT--H.R. 4606
Para. 111.7 FURTHER MESSAGE FROM THE SENATE
Para. 111.8 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT ON
H.R. 4539--H. RES. 537
Para. 111.9 [ROLL NO. 435]--ON AGREEING TO THE RESOLUTION
Para. 111.10 TREASURY AND POSTAL SERVICE APPROPRIATIONS--H.R. 4539
Para. 111.11 [ROLL NO. 436]--ON MOTION TO RECOMMIT
Para. 111.12 PERMISSION TO FILE CONFERENCE REPORT--H.R. 4602
Para. 111.13 PROVIDING FOR THE CONSIDERATION OF H.R. 4422--H. RES. 535
Para. 111.14 COAST GUARD AUTHORIZATION--H.R. 4422
Para. 111.15 [ROLL NO. 437]--ON PASSAGE
Para. 111.16 CLERK TO CORRECT ENGROSSMENT--H.R. 4422
Para. 111.17 PERMISSION TO FILE CONFERENCE REPORT--H.R. 4539
Para. 111.18 ORDER OF BUSINESS--CONSIDERATION OF CONFERENCE REPORT--H.R.
4539
Para. 111.19 WILLIAM H. NATCHER BRIDGE--H.R. 4980
Para. 111.20 SENATE BILL REFERRED
[[Page 2897]]
Para. 111.21 ENROLLED BILLS AND JOINT RESOLUTION SIGNED
Para. 111.22 LEAVE OF ABSENCE
Para. 111.23 ADJOURNMENT
Para. 111.24 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 111.25 PUBLIC BILLS AND RESOLUTIONS
Para. 111.26 ADDITIONAL SPONSORS
Para. 111.27 PETITIONS
FRIDAY, SEPTEMBER 23, 1994 (112)
Para. 112.1 APPROVAL OF THE JOURNAL
Para. 112.2 COMMUNICATIONS
Para. 112.3 AGRICULTURE APPROPRIATIONS--CONFERENCE REPORT ON H.R. 4554
Para. 112.4 [ROLL NO. 438]--ON AGREEING TO THE CONFERENCE REPORT
Para. 112.5 AMENDMENTS IN DISAGREEMENT--H.R. 4554
Para. 112.6 CORRECTION OF ENROLLMENT--S. 2182--H. CON. RES. 285
Para. 112.7 PROVIDING FOR THE CONSIDERATION OF H.R. 4008--H. RES. 542
Para. 112.8 PROVIDING FOR THE CONSIDERATION OF H.R. 4926--H. RES. 543
Para. 112.9 PROVIDING FOR THE CONSIDERATION OF H.R. 3171--H. RES. 544
Para. 112.10 ADJOURNMENT OVER
Para. 112.11 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
Para. 112.12 NOTICE REQUIREMENT--CONSIDERATION OF RESOLUTION--QUESTION
OF PRIVILEGES
Para. 112.13 RECESS--1:11 P.M.
Para. 112.14 AFTER RECESS--3:49 P.M.
Para. 112.15 SENATE ENROLLED BILLS SIGNED
Para. 112.16 LEAVE OF ABSENCE
Para. 112.17 ADJOURNMENT
Para. 112.18 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 112.19 SUBSEQUENT ACTION ON REPORTED BILL SEQUENTIALLY REFERRED
Para. 112.20 REPORTED BILL SEQUENTIALLY REFERRED
Para. 112.21 PUBLIC BILLS AND RESOLUTIONS
Para. 112.22 MEMORIALS
Para. 112.23 ADDITIONAL SPONSORS
Para. 112.24 PETITIONS
MONDAY, SEPTEMBER 26, 1994 (113)
Para. 113.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 113.2 RECESS--10:48 A.M.
Para. 113.3 AFTER RECESS--12:00 NOON
Para. 113.4 APPROVAL OF THE JOURNAL
Para. 113.5 MESSAGE FROM THE SENATE
Para. 113.6 RECESS--12:08 P.M.
Para. 113.7 AFTER RECESS--4:30 P.M.
Para. 113.8 FURTHER MESSAGE FROM THE SENATE
Para. 113.9 SUBMISSION OF CONFERENCE REPORT--H.R. 4650-
Para. 113.10 PROVIDING FOR THE CONSIDERATION OF H.R. 4448--H. RES. 532
Para. 113.11 PROVIDING FOR THE CONSIDERATION OF H.R. 4008--H. RES. 542
Para. 113.12 NOAA AUTHORIZATION--H.R. 4008
Para. 113.13 LOWELL NATIONAL HISTORICAL PARK--H.R. 4448
Para. 113.14 RECORDED VOTE--AMENDMENT BY MR. ALLARD
Para. 113.15 [ROLL NO. 439]--ON AGREEING TO THE AMENDMENT
Para. 113.16 [ROLL NO. 440]--ON PASSAGE
Para. 113.17 PERMISSION TO FILE CONFERENCE REPORT--H.R. 4556
Para. 113.18 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT ON H.R.
4602--H. RES. 547
Para. 113.19 SUBMISSION OF CONFERENCE REPORT--S. 349
Para. 113.20 MODIFICATION OF CONFEREES--S. 1569
Para. 113.21 SUBPOENA
Para. 113.22 SENATE JOINT RESOLUTION REFERRED
Para. 113.23 LEAVE OF ABSENCE
[[Page 2898]]
Para. 113.24 ADJOURNMENT
Para. 113.25 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 113.26 SUBSEQUENT ACTION ON REPORTED BILL SEQUENTIALLY REFERRED
Para. 113.27 PUBLIC BILLS AND RESOLUTIONS
Para. 113.28 ADDITIONAL SPONSORS
Para. 113.29 DELETIONS
TUESDAY, SEPTEMBER 27, 1994 (114)
Para. 114.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 114.2 RECESS--11:40 A.M.
Para. 114.3 AFTER RECESS--12:00 NOON
Para. 114.4 APPROVAL OF THE JOURNAL
Para. 114.5 COMMUNICATIONS
Para. 114.6 PERMISSION TO FILE CONFERENCE REPORT--H.R. 4299
Para. 114.7 TREASURY-POSTAL SERVICE APPROPRIATIONS--CONFERENCE REPORT
H.R. 4539
Para. 114.8 [ROLL NO. 441]--ON AGREEING TO THE CONFERENCE REPORT
Para. 114.9 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT ON
H.R. 4602--H. RES. 547
Para. 114.10 INTERIOR APPROPRIATIONS--H.R. 4602
Para. 114.11 RECESS--2:04 P.M.
Para. 114.12 AFTER RECESS--2:12 P.M.
Para. 114.13 CONSUMER REPORTING REFORM--S. 783
Para. 114.14 SAFE DRINKING WATER--H.R. 3392
Para. 114.15 CONSUMER REPORTING REFORM--S. 783
Para. 114.16 FEE COLLECTION FOR THE SEC--H.R. 5060
Para. 114.17 AMERICAN HERITAGE AREAS PARTNERSHIP--H.R. 5044
Para. 114.18 [ROLL NO. 442]--ON PASSAGE
Para. 114.19 NOTICE REQUIREMENT--MOTION TO INSTRUCT CONFEREES--H.R. 820
Para. 114.20 RHINOCEROS AND TIGERS CONSERVATION PROGRAMS--H.R. 4924
Para. 114.21 NATIONAL PARK SYSTEM REFORM--H.R. 4476
Para. 114.22 NOTICE REQUIREMENT--CONSIDERATION OF RESOLUTION--QUESTION
OF PRIVILEGES
Para. 114.23 KENNEDY ASSASSINATION RECORDS--H.R. 4569
Para. 114.24 FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES AMENDMENTS--
H.R. 2461
Para. 114.25 NOTICE REQUIREMENT--MOTION TO INSTRUCT CONFEREES--H.R. 820
Para. 114.26 MESSAGE FROM THE PRESIDENT
Para. 114.27 MESSAGE FROM THE PRESIDENT--GATT
Para. 114.28 RECESS--6:09 P.M.
Para. 114.29 AFTER RECESS--6:44 P.M.
Para. 114.30 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT ON S.
349--H. RES. 550
Para. 114.31 PROVIDING FOR THE CONSIDERATION OF H.R. 4779--H. RES. 551
Para. 114.32 PROVIDING FOR THE CONSIDERATION OF H.R. 4683--H. RES. 552
Para. 114.33 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT ON H.R.
4556--H. RES. 553
Para. 114.34 ENROLLED BILL SIGNED
Para. 114.35 SENATE ENROLLED BILL SIGNED
Para. 114.36 BILLS AND JOINT RESOLUTION PRESENTED TO THE PRESIDENT
Para. 114.37 ADJOURNMENT
Para. 114.38 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 114.39 PUBLIC BILLS AND RESOLUTIONS
Para. 114.40 PRIVATE BILLS AND RESOLUTIONS
Para. 114.41 ADDITIONAL SPONSORS
WEDNESDAY, SEPTEMBER 28, 1994 (115)
Para. 115.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 115.2 APPROVAL OF THE JOURNAL
Para. 115.3 COMMUNICATIONS
Para. 115.4 MESSAGE FROM THE SENATE
Para. 115.5 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT ON
H.R. 4556--H. RES. 553
Para. 115.6 TRANSPORTATION APPROPRIATIONS--H.R. 4556
Para. 115.7 PROVIDING FOR THE CONSIDERATION OF H.R. 4779--H. RES. 551
[[Page 2899]]
Para. 115.8 STATE & LOCAL GOVERNMENT INTERSTATE WASTE CONTROL--H.R. 4779
Para. 115.9 [ROLL NO. 443]--ON PASSAGE
Para. 115.10 H.R. 4476--UNFINISHED BUSINESS
Para. 115.11 [ROLL NO. 444]--ON PASSAGE
Para. 115.12 FURTHER MESSAGE FROM THE SENATE
Para. 115.13 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT ON H.R.
4650--H. RES. 554
Para. 115.14 PROVIDING FOR THE CONSIDERATION OF H.R. 3171--H. RES. 544
Para. 115.15 DEPARTMENT OF AGRICULTURE REORGANIZATION--H.R. 3171
Para. 115.16 RECORDED VOTE--AMENDMENT BY MR. ALLARD
Para. 115.17 [ROLL NO. 445]--ON AGREEING TO THE AMENDMENT
Para. 115.18 NOTICE REQUIREMENT--MOTION TO INSTRUCT CONFEREES--H.R. 820
Para. 115.19 RECESS--6:40 P.M.
Para. 115.20 AFTER RECESS--7:27 P.M.
Para. 115.21 SUBMISSION OF CONFERENCE REPORT--H.R. 6
Para. 115.22 SENATE BILL AND CONCURRENT RESOLUTION REFERRED
Para. 115.23 ENROLLED BILLS SIGNED
Para. 115.24 SENATE ENROLLED BILL SIGNED
Para. 115.25 LEAVE OF ABSENCE
Para. 115.26 ADJOURNMENT
Para. 115.27 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 115.28 PUBLIC BILLS AND RESOLUTIONS
Para. 115.29 ADDITIONAL SPONSORS
Para. 115.30 DELETIONS
THURSDAY, SEPTEMBER 29, 1994 (116)
Para. 116.1 APPROVAL OF THE JOURNAL
Para. 116.2 COMMUNICATIONS
Para. 116.3 MESSAGE FROM THE SENATE
Para. 116.4 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT ON
H.R. 4650--H. RES. 554
Para. 116.5 DEFENSE APPROPRIATIONS--CONFERENCE REPORT ON H.R. 4650
Para. 116.6 [ROLL NO. 446]--ON AGREEING TO THE CONFERENCE REPORT
Para. 116.7 UNFINISHED BUSINESS--APPROVAL OF THE JOURNAL
Para. 116.8 [ROLL NO. 447]--ON APPROVAL OF THE JOURNAL
Para. 116.9 FURTHER MESSAGE FROM THE SENATE
Para. 116.10 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT ON S.
349--H. RES. 550
Para. 116.11 WORDS TAKEN DOWN
Para. 116.12 CALL OF THE HOUSE
Para. 116.13 [ROLL NO. 448]--CALL OF THE HOUSE
Para. 116.14 [ROLL NO. 449]--ON AGREEING TO THE RESOLUTION
Para. 116.15 LOBBYING DISCLOSURE--S. 349
Para. 116.16 MOTION TO RECOMMIT THE CONFERENCE REPORT ON--S.349
Para. 116.17 POINT OF ORDER
Para. 116.18 MOTION TO RECOMMIT THE CONFERENCE REPORT--CONFERENCE REPORT
ON S.349
Para. 116.19 [ROLL NO. 450]--ON MOTION TO RECOMMIT WITH INSTRUCTIONS
Para. 116.20 [ROLL NO. 451]--ON AGREEING TO THE CONFERENCE REPORT
Para. 116.21 FURTHER MESSAGE FROM THE SENATE
Para. 116.22 PROVIDING FOR THE CONSIDERATION OF H.R. 4683--H. RES. 552
Para. 116.23 SOLID WASTE DISPOSAL--H.R. 4653
Para. 116.24 RECORDED VOTE--SUBSTITUTE AMENDMENT BY MR. RICHARDSON
Para. 116.25 [ROLL NO. 452]--ON AGREEING TO THE SUBSTITUTE AMENDMENT
Para. 116.26 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT ON H.R.
4299--H. RES. 555
Para. 116.27 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT ON H.R.
6--H. RES. 556
Para. 116.28 PROVIDING FOR THE CONSIDERATION OF H.R. 4926--H. RES. 543
Para. 116.29 BEGINNING FARMER TECHNICAL CORRECTIONS ACT--H.R. 5065
Para. 116.30 FARM CREDIT FINANCING AGRICULTURAL EXPORTS--H.R. 4379
Para. 116.31 LOANS AND GRANTS FOR TIMBER-DEPENDENT COMMUNITIES--H.R.
4196
Para. 116.32 NATIONAL HIGHWAY SYSTEM--S. 1887
Para. 116.33 MOTOR CARRIERS REGULATIONS--H.R. 5123
[[Page 2900]]
Para. 116.34 ENROLLED BILLS SIGNED
Para. 116.35 BILLS PRESENTED TO THE PRESIDENT
Para. 116.36 LEAVE OF ABSENCE
Para. 116.37 ADJOURNMENT
Para. 116.38 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 116.39 PUBLIC BILLS AND RESOLUTIONS
Para. 116.40 PRIVATE BILLS AND RESOLUTIONS
Para. 116.41 ADDITIONAL SPONSORS
Para. 116.42 DELETIONS
FRIDAY, SEPTEMBER 30, 1994 (117)
Para. 117.1 APPROVAL OF THE JOURNAL
Para. 117.2 [ROLL NO. 453]--ON APPROVAL OF THE JOURNAL
Para. 117.3 COMMUNICATIONS
Para. 117.4 MESSAGE FROM THE PRESIDENT
Para. 117.5 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT ON
H.R. 6--H. RES. 556
Para. 117.6 [ROLL NO. 454]--ON AGREEING TO THE RESOLUTION
Para. 117.7 IMPROVING AMERICAN SCHOOLS--CONFERENCE REPORT ON H.R. 6
Para. 117.8 [ROLL NO. 455]--ON MOTION TO RECOMMIT WITH INSTRUCTIONS
Para. 117.9 [ROLL NO. 456]--ON AGREEING TO THE CONFERENCE REPORT
Para. 117.10 NATIONAL TREATMENT IN BANKING--H.R. 4926
Para. 117.11 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT ON
H.R. 4299--H. RES. 555
Para. 117.12 INTELLIGENCE AUTHORIZATION--H.R. 2330
Para. 117.13 PERMISSION TO FILE REPORT--H.R. 4460
Para. 117.14 NATIONAL BREAST CANCER AWARENESS MONTH--S. J. RES. 185
Para. 117.15 THE YEAR OF GOSPEL MUSIC--S. J. RES. 157
Para. 117.16 YEAR OF THE GRANDPARENT--S. J. RES. 198
Para. 117.17 WORLD POPULATION AWARENESS DAY--S. J. RES. 135
Para. 117.18 NATIONAL GOOD TEEN DAY--S. J. RES. 326
Para. 117.19 IRISH-AMERICAN HERITAGE MONTH--H. J. RES. 401
Para. 117.20 NATIONAL CHILDREN'S DAY--H. J. RES. 389
Para. 117.21 PARENTS' DAY--H. J. RES. 398
Para. 117.22 NATIONAL PENNY CHARITY WEEK--H. J. RES. 415
Para. 117.23 ADJOURNMENT OVER
Para. 117.24 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
Para. 117.25 RECESS FOR JOINT MEETING
Para. 117.26 DESIGNATION OF SPEAKER PRO TEMPORE TO SIGN ENROLLMENTS
Para. 117.27 MESSAGE FROM THE PRESIDENT--NATIONAL EMERGENCY WITH RESPECT
TO PROLIFERATION OF NUCLEAR, CHEMICAL, AND BIOLOGICAL WEAPONS
Para. 117.28 MESSAGE FROM THE PRESIDENT--NATIONAL EMERGENCY WITH RESPECT
TO HAITI
Para. 117.29 PUBLIC WORKS PROJECTS
Para. 117.30 FURTHER MESSAGE FROM THE SENATE
Para. 117.31 ENROLLED BILLS SIGNED
Para. 117.32 SENATE ENROLLED BILL SIGNED
Para. 117.33 BILLS PRESENTED TO THE PRESIDENT
Para. 117.34 ADJOURNMENT
Para. 117.35 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 117.36 PUBLIC BILLS AND RESOLUTIONS
Para. 117.37 ADDITIONAL SPONSORS
MONDAY, OCTOBER 3, 1994 (118)
Para. 118.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 118.2 RECESS--10:36 A.M.
Para. 118.3 AFTER RECESS--12:00 NOON
Para. 118.4 APPROVAL OF THE JOURNAL
Para. 118.5 COMMUNICATIONS
Para. 118.6 MESSAGE FROM THE SENATE
Para. 118.7 DISTRICT OF COLUMBIA SELF-GOVERNMENT--H.R. 2902
[[Page 2901]]
Para. 118.8 RECESS--12:18 P.M.
Para. 118.9 AFTER RECESS--12:21 P.M.
Para. 118.10 INTERNATIONAL ANTITRUST ENFORCEMENT ASSISTANCE--H.R. 4781
Para. 118.11 STATE TAXATION LIMITATION--H.R. 546
Para. 118.12 CIVIL RIGHTS COMMISSION--H.R. 4999
Para. 118.13 MADRID PROTOCOL IMPLEMENTATION--H.R. 2129
Para. 118.14 PATENT AND TRADEMARK OFFICE AUTHORIZATION--H.R. 4608
Para. 118.15 KANSAS AND MISSOURI COMPACT--H.R. 4896
Para. 118.16 ARIZONA WILDERNESS TITLE RESOLUTION--S. 1233
Para. 118.17 TECHNICAL IMPROVEMENTS IN THE U.S. CODE--H.R. 4777
Para. 118.18 CRIMES RELATING TO CONGRESSIONAL MEDALS OF HONOR--H.R. 5102
Para. 118.19 PASCUA YAUI INDIANS--H.R. 734
Para. 118.20 INDIAN FEDERAL RECOGNITION ADMINISTRATIVE PROCEDURES--H.R.
4462
Para. 118.21 INDIAN TRUST FUND MANAGEMENT REFORM--H.R. 4833
Para. 118.22 FEDERAL RECOGNIZED INDIAN TRIBE LIST--H.R. 4180
Para. 118.23 MINOR USE PESTICIDES--H.R. 967
Para. 118.24 GOVERNMENT MANAGEMENT REFORMS--S. 2170
Para. 118.25 AGRICULTURE DEPARTMENT REORGANIZATION--H. RES. 559
Para. 118.26 HOPEWELL TOWNSHIP INVESTMENT--H.R. 4704
Para. 118.27 CONSERVATION AND WATER RESOURCES DEVELOPMENT--H.R. 4460
Para. 118.28 FREDERICK S. GREEN UNITED STATES COURTHOUSE--H.R. 4939
Para. 118.29 THURGOOD MARSHALL UNITED STATES COURTHOUSE--H.R. 4910
Para. 118.30 THEODORE LEVIN FEDERAL BUILDING AND U.S. COURTHOUSE--H.R.
4967
Para. 118.31 EXPAND AIRLINE SMOKING BAN--H.R. 4495
Para. 118.32 NTSB AUTHORIZATION--H. RES. 558
Para. 118.33 ONE-CALL NOTIFICATION SYSTEMS--H.R. 4394
Para. 118.34 RAIL STRIKE EXTENSION--H. J. RES. 417
Para. 118.35 PETROLEUM MARKETING PRACTICES--H.R. 1520
Para. 118.36 EXPORT ADMINISTRATION ACT TEMPORARY EXTENSION--H.R. 5108
Para. 118.37 CONDEMN SINKING OF TUGBOAT BY CUBA--H. CON. RES. 279
Para. 118.38 PERMISSION TO FILE CONFERENCE REPORT--S. 2060
Para. 118.39 COMMEND WORK OF U.S. LABOR ATTACHE CORPS--H. CON. RES. 257
Para. 118.40 COMMEND CRITIAN'S PEACE EFFORTS--H. CON. RES. 286
Para. 118.41 OUTER CONTINENTAL SHELF SAND AND GRAVEL RESOURCES--H.R.
3678
Para. 118.42 INDOOR AIR CONTAMINANTS--H.R. 2919
Para. 118.43 U.S.-MEXICO BORDER HEALTH COMMISSION--S. 1225
Para. 118.44 MESSAGES FROM THE PRESIDENT
Para. 118.45 H.R. 2129--UNFINISHED BUSINESS
Para. 118.46 [ROLL NO. 457]--ON PASSAGE
Para. 118.47 H.R. 4608--UNFINISHED BUSINESS
Para. 118.48 [ROLL NO. 458]--ON PASSAGE
Para. 118.49 H.R. 4896--UNFINISHED BUSINESS
Para. 118.50 S. 1233--UNFINISHED BUSINESS
Para. 118.51 [ROLL NO. 459]--ON PASSAGE
Para. 118.52 H.R. 4777--UNFINISHED BUSINESS
Para. 118.53 [ROLL NO. 460]--ON PASSAGE
Para. 118.54 H.R. 4462--UNFINISHED BUSINESS
Para. 118.55 [ROLL NO. 461]--ON PASSAGE
Para. 118.56 H.R. 4833--UNFINISHED BUSINESS
Para. 118.57 [ROLL NO. 462]--ON PASSAGE
Para. 118.58 ORDER OF BUSINESS--SUSPENSION VOTES POSTPONED
Para. 118.59 GAO APPEALS BOARD--H.R. 5103
Para. 118.60 OFFICE OF SPECIAL COUNSEL REAUTHORIZATION--H.R. 2970
Para. 118.61 CENSUS ADDRESS LIST IMPROVEMENT ACT--H.R. 5084
Para. 118.62 ORDER OF BUSINESS--MODIFICATION OF SUSPENSION
Para. 118.63 PENSION ANNUITANTS PROTECTION ACT--S. 1312
Para. 118.64 CORRECT ENROLLMENT OF S. 1312--H. CON. RES. 304
Para. 118.65 MIDWEST INTERSTATE REDIOACTIVE WASTE COMPACT--H.R. 4814
[[Page 2902]]
Para. 118.66 COLVILLE INDIAN CLAIMS SETTLEMENT--H.R. 4757
Para. 118.67 WATER DESALINATION ACT--H.R. 4944
Para. 118.68 ARIZONA INDIAN WATER RIGHTS SETTLEMENT--S. 1146
Para. 118.69 PROVIDING FOR THE CONSIDERATION OF H.R. 5044--H. RES. 562
Para. 118.70 YAKIMA RIVER BASIN WATER ENHANCEMENT PROJECT--H.R. 5148
Para. 118.71 CLERK TO CORRECT ENGROSSMENT--H.R. 5148
Para. 118.72 ALASKA NATIVE CLAIMS SETTLEMENT ACT--H.R. 3612
Para. 118.73 KENAI NATIVES ASSOCIATION EQUITY ACT--H.R. 3613
Para. 118.74 MISCELLANEOUS PUBLIC LANDS--H.R. 4746
Para. 118.75 RIO PUERCO WATERSHED--S. 1919
Para. 118.76 SAGUARO NATIONAL PARK ESTABLISHMENT--S. 316
Para. 118.77 NPS ENTREPRENEURIAL MANAGEMENT REFORM ACT--H.R. 4533
Para. 118.78 CORINTH, MISSISSIPPI BATTLEFIELD--S. 986
Para. 118.79 MESSAGE FROM THE PRESIDENT--NATIONAL EMERGENCY WITH RESPECT
TO PANAMA
Para. 118.80 MESSAGE FROM THE PRESIDENT--LABOR RELATIONS AUTHORITY
Para. 118.81 MESSAGE FROM THE PRESIDENT--HIGHWAY SAFETY
Para. 118.82 ENROLLED BILL SIGNED
Para. 118.83 BILLS PRESENTED TO THE PRESIDENT
Para. 118.84 LEAVE OF ABSENCE
Para. 118.85 ADJOURNMENT
Para. 118.86 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 118.87 PUBLIC BILLS AND RESOLUTIONS
Para. 118.88 MEMORIALS
Para. 118.89 PRIVATE BILLS AND RESOLUTIONS
Para. 118.90 ADDITIONAL SPONSORS
TUESDAY, OCTOBER 4, 1994 (119)
Para. 119.1 DESIGNATION OF SPEAKER PRO TEMPORE
Para. 119.2 RECESS--10:53 A.M.
Para. 119.3 AFTER RECESS--12:00 NOON
Para. 119.4 APPROVAL OF THE JOURNAL
Para. 119.5 MESSAGE FROM THE SENATE
Para. 119.6 PRIVATE CALENDAR
Para. 119.7 BILLS PASSED OVER
Para. 119.8 CALIFORNIA DESERT PROTECTION--S. 21
Para. 119.9 POINT OF ORDER
Para. 119.10 [ROLL NO. 463]--ON QUESTION OF CONSIDERATION OF MOTION TO
INSIST UPON HOUSE AMENDMENTS AND AGREE TO CONFERENCE
Para. 119.11 [ROLL NO. 464]--ON MOTION TO TABLE MOTION TO RECONSIDER
VOTE WHEREBY THE QUESTION OF CONSIDERATION WAS AGREED TO
Para. 119.12 [ROLL NO. 465]--ON MOTION TO TABLE MOTION TO INSIST UPON
HOUSE AMENDMENTS AND AGREE TO CONFERENCE
Para. 119.13 [ROLL NO. 466]--ON PREVIOUS QUESTION ON MOTION TO INSIST
AND AGREE TO CONFERENCE
Para. 119.14 [ROLL NO. 467]--ON MOTION TO TABLE MOTION TO RECONSIDER THE
VOTE ON ORDERING THE PREVIOUS QUESTION ON SAID MOTION
Para. 119.15 [ROLL NO. 468]--ON MOTION TO COMMIT TO THE COMMITTEE ON
MERCHANT MARINE AND FISHERIES THE MOTION TO INSIST UPON HOUSE AMENDMENTS
AND AGREE TO CONFERENCE
Para. 119.16 [ROLL NO. 469]--ON MOTION TO TABLE THE MOTION TO RECONSIDER
VOTE WHEREBY MOTION TO COMMIT WAS AGREED TO
Para. 119.17 [ROLL NO. 470]--ON AGREEING TO THE MOTION TO INSIST UPON
HOUSE AMENDMENTS AND AGREE TO CONFERENCE
Para. 119.18 [ROLL NO. 471]--ON MOTION TO TABLE MOTION TO RECONSIDER THE
VOTE WHEREBY MOTION TO INSIST AND AGREE WAS AGREED TO
Para. 119.19 MOTION TO ADJOURN
Para. 119.20 [ROLL NO. 472]--ON MOTION TO ADJOURN
Para. 119.21 MOTION TO INSTRUCT CONFEREES--S. 21
Para. 119.22 [ROLL NO. 473]--ON MOTION TO TABLE MOTION TO INSTRUCT
CONFEREES
Para. 119.23 [ROLL NO. 474]--ON MOTION TO TABLE MOTION TO RECONSIDER THE
VOTE TO TABLE MOTION TO INSTRUCT CONFEREES
[[Page 2903]]
Para. 119.24 APPOINTMENT OF CONFEREES--S. 21
Para. 119.25 OVERSEAS PRIVATE INVESTMENT CORPORATION--H.R. 4950
Para. 119.26 NOTICE REQUIREMENT--CONSIDERATION OF RESOLUTION--QUESTION
OF PRIVILEGES
Para. 119.27 PROVIDING FOR THE CONSIDERATION OF H. CON. RES. 301--H.
RES. 563
Para. 119.28 PROVIDING FOR THE CONSIDERATION OF H.R. 5110--H. RES. 564
Para. 119.29 PROVIDING FOR THE CONSIDERATION OF S. 455--H. RES. 565
Para. 119.30 H.R. 967--UNFINISHED BUSINESS
Para. 119.31 [ROLL NO. 475]--ON PASSAGE
Para. 119.32 S. 2170--UNFINISHED BUSINESS
Para. 119.33 H.R. 4704--UNFINISHED BUSINESS
Para. 119.34 H.R. 4939--UNFINISHED BUSINESS
Para. 119.35 H.R. 4910--UNFINISHED BUSINESS
Para. 119.36 H.R. 4967--UNFINISHED BUSINESS
Para. 119.37 H.R. 4495--UNFINISHED BUSINESS
Para. 119.38 H. RES. 558--UNFINISHED BUSINESS
Para. 119.39 H.R. 1520--UNFINISHED BUSINESS
Para. 119.40 [ROLL NO. 476]--ON PASSAGE
Para. 119.41 H.R. 5108--UNFINISHED BUSINESS
Para. 119.42 [ROLL NO. 477]--ON PASSAGE
Para. 119.43 H. CON RES. 279--UNFINISHED BUSINESS
Para. 119.44 [ROLL NO. 478]--ON PASSAGE
Para. 119.45 H. CON RES. 286--UNFINISHED BUSINESS
Para. 119.46 [ROLL NO. 479]--ON PASSAGE
Para. 119.47 S. 1225--UNFINISHED BUSINESS
Para. 119.48 [ROLL NO. 480]--ON PASSAGE
Para. 119.49 S. 1919--UNFINISHED BUSINESS
Para. 119.50 [ROLL NO. 481]--ON PASSAGE
Para. 119.51 H.R. 4533--UNFINISHED BUSINESS
Para. 119.52 [ROLL NO. 482]--ON PASSAGE
Para. 119.53 ORDER OF BUSINESS--SUSPENSION OF THE RULES
Para. 119.54 SMALL BUSINESS ACT AND SMALL BUSINESS INVESTMENT ACT--
CONFERENCE REPORT ON S. 2060
Para. 119.55 CLAUDE HARRIS, JR. BUILDING--H.R. 4948
Para. 119.56 SUBMISSION OF CONFERENCE REPORT--S. 21
Para. 119.57 FOOD STAMP TECHNICAL CORRECTIONS--H.R. 5156
Para. 119.58 LAND CONVEYANCE TO ROLLA, MISSOURI--H.R. 3426
Para. 119.59 WATER BANK ACT--H.R. 5053
Para. 119.60 CODIFY WITHOUT SUBSTANTIVE CHANGE--H.R. 4778
Para. 119.61 BANKRUPTCY REFORM ACT--H.R. 5116
Para. 119.62 HOUR OF MEETING
Para. 119.63 TELECOMMUNICATIONS WIRETAP ACCESS--H.R. 4922
Para. 119.64 ALEUTIAN AND PRIBILOF OF RESTITUTION--S. 1457
Para. 119.65 FULL FAITH AND CREDIT FOR CHILD SUPPORT ORDERS ACT--S. 922
Para. 119.66 DEFENSE DEPARTMENT CHILD SUPPORT ENFORCEMENT--H.R. 5140
Para. 119.67 NATIONAL MARITIME HERITAGE PROGRAM--H.R. 3059
Para. 119.68 REEMPLOYMENT OF SEPARATED POST OFFICE EMPLOYEES--H.R. 5139
Para. 119.69 NATIVE AMERICAN VETERANS' MEMORIAL--H.R. 2135
Para. 119.70 INDIAN LANDS OPEN DUMP CLEANUP--S. 720
Para. 119.71 SUBMISSION OF CONFERENCE REPORT--H.R. 4950
Para. 119.72 MOHEHAN NATION OF CONNECTICUT LAND CLAIMS--H.R. 4653
Para. 119.73 PARK SERVICE ENTREPRENEURIAL MANAGEMENT--H.R. 4533
Para. 119.74 RIO PUERCO WATERSHED --S. 1919
Para. 119.75 CHILD NUTRITION--S. 1614
Para. 119.76 U.S.-MEXICO BORDER HEALTH COMMISSION--S. 1225
Para. 119.77 NAVAL VESSELS TRANSFER--H.R. 5155
Para. 119.78 CONFLICT RESOLUTION IN TAJIKISTAN--H. CON. RES. 302
Para. 119.79 NORTHERN IRELAND'S PEACE PROCESS--H. RES. 561
Para. 119.80 SUPPORT FOR SOUTH AFRICA--H. RES. 560
Para. 119.81 U.S. POLICY ON VIETNAM--H. CON. RES. 278
[[Page 2904]]
Para. 119.82 HUMAN RIGHTS IN VIETNAM--H. CON. RES. 216
Para. 119.83 AMERICANS MISSING IN CYPRUS--H.R. 2826
Para. 119.84 EARTHQUAKE HAZARDS REDUCTION--H.R. 3485
Para. 119.85 ENROLLED BILL SIGNED
Para. 119.86 SENATE ENROLLED JOINT RESOLUTIONS SIGNED
Para. 119.87 BILL PRESENTED TO THE PRESIDENT
Para. 119.88 LEAVE OF ABSENCE
Para. 119.89 ADJOURNMENT
Para. 119.90 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 119.91 PUBLIC BILLS AND RESOLUTIONS
Para. 119.92 ADDITIONAL SPONSORS
WEDNESDAY, OCTOBER 5, 1994 (120)
Para. 120.1 APPROVAL OF THE JOURNAL
Para. 120.2 COMMUNICATIONS
Para. 120.3 PROVIDING FOR THE CONSIDERATION OF H. CON. RES. 301--H. RES.
563
Para. 120.4 [ROLL NO. 483]ON AGREEING TO THE RESOLUTION
Para. 120.5 MESSAGE FROM THE SENATE
Para. 120.6 ORDER OF BUSINESS--CONSIDERATION OF H.J. RES. 416
Para. 120.7 TIMBER SALES RECEIPTS--H.R. 5161
Para. 120.8 PROVIDING FOR THE CONSIDERATION OF H.R. 5044--H. RES. 562
Para. 120.9 AMERICAN HERITAGE AREAS PARTNERSHIP PROGRAM--H.R. 5044
Para. 120.10 RECORDED VOTE--AMENDMENT BY MR. REGULA TO AMENDMENTS EN
BLOC BY MR. TAUZIN
Para. 120.11 [ROLL NO. 484]--ON AMENDMENT TO AMENDMENTS EN BLOC
Para. 120.12 RECORDED VOTE--AMENDMENT BY MR. RAHALL TO AMENDMENT BY MR.
TAUZIN
Para. 120.13 [ROLL NO. 485]--ON AMENDMENT TO AMENDMENT
Para. 120.14 [ROLL NO. 486]--ON PASSAGE
Para. 120.15 ORDER OF BUSINESS--MODIFICATION OF SUSPENSION
Para. 120.16 S. 986--UNFINISHED BUSINESS
Para. 120.17 [ROLL NO. 487]--ON PASSAGE
Para. 120.18 H.R. 5116--UNFINISHED BUSINESS
Para. 120.19 H.R. 4922--UNFINISHED BUSINESS
Para. 120.20 S. 1457--UNFINISHED BUSINESS
Para. 120.21 S. 922--UNFINISHED BUSINESS
Para. 120.22 H.R. 5140--UNFINISHED BUSINESS
Para. 120.23 H.R. 3059--UNFINISHED BUSINESS
Para. 120.24 H.R. 5139--UNFINISHED BUSINESS
Para. 120.25 [ROLL NO. 488]--ON PASSAGE
Para. 120.26 H.R. 2135--UNFINISHED BUSINESS
Para. 120.27 S. 720--UNFINISHED BUSINESS
Para. 120.28 H.R. 4653--UNFINISHED BUSINESS
Para. 120.29 H.R. 4533--UNFINISHED BUSINESS
Para. 120.30 [ROLL NO. 489]--ON PASSAGE
Para. 120.31 S. 1919--UNFINISHED BUSINESS
Para. 120.32 [ROLL NO. 490]--ON PASSAGE
Para. 120.33 S. 1614--UNFINISHED BUSINESS
Para. 120.34 S. 1225--UNFINISHED BUSINESS
Para. 120.35 [ROLL NO. 491]--ON PASSAGE
Para. 120.36 H.R. 5155--UNFINISHED BUSINESS
Para. 120.37 H. CON. RES. 302--UNFINISHED BUSINESS
Para. 120.38 H. RES. 561--UNFINISHED BUSINESS
Para. 120.39 H. RES. 560--UNFINISHED BUSINESS
Para. 120.40 H. CON. RES. 278--UNFINISHED BUSINESS
Para. 120.41 H. CON. RES. 216--UNFINISHED BUSINESS
Para. 120.42 H.R. 2826--UNFINISHED BUSINESS
Para. 120.43 H.R. 3485--UNFINISHED BUSINESS
Para. 120.44 PUBLIC WORKS PROJECTS
Para. 120.45 PUBLIC WORKS PROJECTS
[[Page 2905]]
Para. 120.46 DISINFECTION OF PLANES--S. CON. RES. 77
Para. 120.47 SHEEP PRODUCT PROMOTION--S. 2500
Para. 120.48 ATLANTIC BLUEFIN TUNA CONSERVATION--H. CON. RES. 295
Para. 120.49 FAIR CREDIT REPORTING--H.R. 5178
Para. 120.50 DISCLOSURES BY CONSUMER REPORTING AGENCIES--H.R. 5143
Para. 120.51 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT ON S.
21--H. RES. 568
Para. 120.52 SAN DIEGO OCEAN DISCHARGE--H.R. 5176
Para. 120.53 PROVIDING FOR THE CONSIDERATION OF S. 455--H. RES. 565
Para. 120.54 INVESTMENT ADVISORS RECOVERY COSTS--S. 423
Para. 120.55 MOTION TO ADJOURN
Para. 120.56 PROVIDING FOR THE CONSIDERATION OF H.R. 5110--H. RES. 564
Para. 120.57 [ROLL NO. 492]--ON AGREEING TO THE RESOLUTION
Para. 120.58 PEACE IN AFRICA--S. 2475
Para. 120.59 SUBPOENA
Para. 120.60 U.S. ARMED FORCES IN HAITI--H. J. RES. 416
THURSDAY, OCTOBER 6 (LEGISLATIVE DAY OF OCTOBER 5), 1994
Para. 120.61 PROVIDING FOR THE FURTHER CONSIDERATION OF H.J. RES. 416--
H. RES. 570
Para. 120.62 AMENDING THE RULES OF THE HOUSE OF REPRESENTATIVES--H. RES.
571
Para. 120.63 SENATE BILLS REFERRED
Para. 120.64 ENROLLED BILL AND JOINT RESOLUTIONS SIGNED
Para. 120.65 SENATE ENROLLED BILLS SIGNED
Para. 120.66 BILLS PRESENTED TO THE PRESIDENT
Para. 120.67 LEAVE OF ABSENCE
Para. 120.68 ADJOURNMENT
Para. 120.69 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 120.70 PUBLIC BILLS AND RESOLUTIONS
Para. 120.71 PRIVATE BILLS AND RESOLUTIONS
Para. 120.72 REPORTS OF COMMITTEES ON PRIVATE BILLS AND RESOLUTIONS
Para. 120.73 ADDITIONAL SPONSORS
Para. 120.74 DELETIONS
THURSDAY, OCTOBER 6, 1994 (121)
Para. 121.1 APPROVAL OF THE JOURNAL
Para. 121.2 COMMUNICATIONS
Para. 121.3 RECESS--10:26 A.M.
Para. 121.4 AFTER RECESS--12:33 P.M.
Para. 121.5 PROCEEDINGS PRINTED IN THE RECORD
Para. 121.6 MESSAGE FROM THE SENATE
Para. 121.7 H. RES. 565--UNFINISHED BUSINESS
Para. 121.8 [ROLL NO. 493]--ON AGREEING TO THE RESOLUTION
Para. 121.9 SUBMISSION OF CONFERENCE REPORT--H.R. 4278
Para. 121.10 ORDER OF BUSINESS--CONSIDERATION OF CONFERENCE REPORT--H.R.
4278
Para. 121.11 SOCIAL SECURITY ACT AMENDMENTS OF 1994--CONFERENCE REPORT
ON H.R. 4278
Para. 121.12 [ROLL NO. 494]--ON AGREEING TO THE CONFERENCE REPORT
Para. 121.13 U.S. ARMED FORCES IN HAITI--H.J. RES. 416
Para. 121.14 PROVIDING FOR THE FURTHER CONSIDERATION OF H.J. RES. 416--
H. RES. 570
Para. 121.15 [ROLL NO. 495]--ON AGREEING TO THE RESOLUTION
Para. 121.16 U.S. ARMED FORCES IN HAITI--H. J. RES. 416
Para. 121.17 MESSAGES FROM THE PRESIDENT
Para. 121.18 CALL IN COMMITTEE
Para. 121.19 [ROLL NO. 496]--CALL IN COMMITTEE
Para. 121.20 FURTHER MESSAGE FROM THE SENATE
Para. 121.21 RECORDED VOTE--SUBSTITUTE AMENDMENT BY MR. GILMAN
Para. 121.22 [ROLL NO. 497]--ON AGREEING TO THE SUBSTITUTE AMENDMENT
Para. 121.23 RECORDED VOTE--SUBSTITUTE AMENDMENT BY MR. DELLUMS
Para. 121.24 [ROLL NO. 498]--ON AGREEING TO SUBSTITUTE THE AMENDMENT
Para. 121.25 SUBMISSION OF CONFERENCE REPORT--S. 1569
[[Page 2906]]
Para. 121.26 U.S. ARMED FORCES IN HAITI--H. J. RES. 416
Para. 121.27 RECORDED VOTE--SUBSTITUTE AMENDMENT BY MR. TORICELLI
Para. 121.28 [ROLL NO. 499]--ON AGREEING TO THE AMENDMENT
FRIDAY, OCTOBER 7 (LEGISLATIVE DAY OF THURSDAY, OCTOBER 6), 1994
Para. 121.29 [ROLL NO. 500]--ON PASSAGE
Para. 121.30 FURTHER MESSAGE FROM THE SENATE
Para. 121.31 HOUR OF MEETING
Para. 121.32 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT ON S.
21--H. RES. 568
Para. 121.33 [ROLL NO. 501]--ON AGREEING TO THE RESOLUTION
Para. 121.34 CALIFORNIA DESERT WILDERNESS--CONFERENCE REPORT ON S. 21
Para. 121.35 CORRECT ENROLLMENT--S. 21--
Para. 121.36 FURTHER MESSAGE FROM THE SENATE
Para. 121.37 DESIGNATION OF SPEAKER PRO TEMPORE TO SIGN ENROLLMENTS
Para. 121.38 CROW BOUNDARY SETTLEMENT--H.R. 5200
Para. 121.39 THOMAS PAINE MEMORIAL--S. J. RES. 227
Para. 121.40 GRAND CANYON COMMEMORATION--S.J. RES. 221
Para. 121.41 TECHNICAL CORRECTIONS--SENATE AMENDMENT TO H.R. 4709
Para. 121.42 INDIAN SELF-DETERMINATION--H.R. 4842
Para. 121.43 EXPORT OF DEFENSE ARTICLES--H.R. 4455
Para. 121.44 PROPERTY AT MILITARY INSTALLATIONS--S. 2534
Para. 121.45 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT--S.
1569--H. RES. 574
Para. 121.46 PROVIDING FOR THE CONSIDERATION OF SENATE AMENDMENT--H.R.
1438--H. RES. 575
Para. 121.47 PROVIDING FOR THE CONSIDERATION OF H.R. 5231--H. RES. 576
Para. 121.48 PRINTING RESOLUTION--H. CON. RES. 292
Para. 121.49 PRINTING RESOLUTION--H. CON. RES. 293
Para. 121.50 PRINTING RESOLUTION--H. CON. RES. 299
Para. 121.51 HIGH-SPEED RAIL DEVELOPMENT--H. R. 4867
Para. 121.52 RADIO AMATEURS ACHIEVEMENTS--S. J. RES. 90
Para. 121.53 NEW ANIMAL DRUGS--S. 340
Para. 121.54 DIETARY SUPPLEMENTS--S. 784
Para. 121.55 MESSAGE FROM THE PRESIDENT--FEDERAL RAILROAD RETIREMENT
BOARD
Para. 121.56 MESSAGE FROM THE PRESIDENT--NAFTA MODIFICATIONS
Para. 121.57 ENROLLED BILLS AND JOINT RESOLUTION SIGNED
Para. 121.58 SENATE ENROLLED BILL SIGNED
Para. 121.59 BILL AND JOINT RESOLUTIONS PRESENTED TO THE PRESIDENT
Para. 121.60 ADJOURNMENT
Para. 121.61 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 121.62 PUBLIC BILLS AND RESOLUTIONS
Para. 121.63 PRIVATE BILLS AND RESOLUTIONS
Para. 121.64 ADDITIONAL SPONSORS
FRIDAY, OCTOBER 7, 1994 (122)
Para. 122.1 APPROVAL OF THE JOURNAL
Para. 122.2 COMMUNICATIONS
Para. 122.3 MESSAGE FROM THE SENATE
Para. 122.4 ORDER OF BUSINESS--PRIVATE CALENDAR BUSINESS
Para. 122.5 PRIVATE CALENDAR
Para. 122.6 BILLS PASSED
Para. 122.7 BILLS PASSED OVER
Para. 122.8 PRIVILEGES OF THE HOUSE--RETURN OF SENATE BILL--H. RES. 577
Para. 122.9 VETERANS HEALTH IMPROVEMENTS ACT OF 1993--H.R. 3313
Para. 122.10 VETERANS' COMPENSATION COST-OF-LIVING ADJUSTMENT--S. 1927
Para. 122.11 NEW LONDON NATIONAL FISHING HATCHERY--H.R. 3664
Para. 122.12 PAYMENTS IN LIEU OF TAXES--S. 455
Para. 122.13 RECORDED VOTE--SUBSTITUTE AMENDMENT BY MR. MILLER OF
CALIFORNIA
Para. 122.14 [ROLL NO. 502]--ON AGREEING TO THE SUBSTITUTE AMENDMENT
Para. 122.15 RECORDED VOTE--AMENDMENT BY MR. VENTO
[[Page 2907]]
Para. 122.16 [ROLL NO. 503]--ON AGREEING TO THE AMENDMENT
Para. 122.17 QUINEBAUG AND SHETUCKET RIVERS VALLEY--H.R. 1348
Para. 122.18 OVERSEAS PRIVATE INVESTMENT CORPORATION--CONFERENCE REPORT
ON H.R. 4950
Para. 122.19 PROVIDING FOR THE CONSIDERATION OF H.R. 5231--H. RES. 576
Para. 122.20 PRESIDIO MANAGEMENT--H.R. 5231
Para. 122.21 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT ON S.
1569--H. RES. 574
Para. 122.22 RECESS--4:53 P.M.
Para. 122.23 AFTER RECESS--5:00 P.M.
Para. 122.24 MINORITY HEALTH IMPROVEMENTS--CONFERENCE REPORT ON S. 1569
Para. 122.25 [ROLL NO. 504]--ON AGREEING TO THE CONFERENCE REPORT
Para. 122.26 NATIONALITY AND NATURALIZATION AMENDMENTS--H.R. 783
Para. 122.27 CIVIL RIGHTS COMMISSION REAUTHORIZATION--S. 2372
Para. 122.28 JUDICIAL AMENDMENTS--S. 2407
Para. 122.29 U.S. ARMED FORCES IN HAITI--S. J. RES. 229
Para. 122.30 CHILD SUPPORT ENFORCEMENT--H.R. 5179
Para. 122.31 TORTURE OR EXTRAJUDICIAL KILLING--H.R. 934
Para. 122.32 FCC AUTHORIZATION--H.R. 4522
Para. 122.33 STRATEGIC PETROLEUM RESERVE MANAGEMENT--S. 2466
Para. 122.34 MIDEWIN NATIONAL TALL GRASS PRAIRIE--H.R. 4946
Para. 122.35 ECONOMIC DEVELOPMENT REAUTHORIZATION--H.R. 5243
Para. 122.36 THEODORE LEVIN COURTHOUSE--S. 2395
Para. 122.37 FISHERY AGREEMENT--H.R. 4852
Para. 122.38 STEWARDSHIP END-RESULT CONTRACTS DEMONSTRATION--S. 2100
Para. 122.39 OSHA REGULATIONS--H. CON. RES. 14
Para. 122.40 WARREN B. RUDMAN UNITED STATES COURTHOUSE--S. 2073
Para. 122.41 HOUSING PROGRAMS EXTENSION ACT--H.R. 5245
Para. 122.42 NATIONAL MAMMOGRAPHY DAY--S. J. RES. 220
Para. 122.43 PRESIDENTIAL MEDAL OF FREEDOM TO MARTHA RAYE--H. CON. RES.
35
Para. 122.44 NATIONAL FAMILY LITERACY DAY--H. J. RES. 413
Para. 122.45 NATIONAL FIREFIGHTERS DAY--H. J. RES. 411
Para. 122.46 SMALL-TOWN SUNDAY--H. J. RES. 184
Para. 122.47 VETERANS' BENEFITS IMPROVEMENTS--H. R. 5244
Para. 122.48 WINDOW ROCK UNIFIED SCHOOL DISTRICT--H. R. 5220
Para. 122.49 PRINTING--TRIBUTE TO HONORABLE JAMIE L. WHITTEN--H. CON.
RES. 314
Para. 122.50 FEDERAL POWER ACT AMENDMENTS--S. 2384
Para. 122.51 NATO PARTICIPATION ACT--H. R. 5246
Para. 122.52 FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM--H. R. 5164
Para. 122.53 RECESS--7:46 P.M.
Para. 122.54 AFTER RECESS--8:10 P.M.
Para. 122.55 CONVENING OF THE 104TH CONGRESS--H. J. RES. 425
Para. 122.56 ADJOURNMENT OF THE TWO HOUSES--H. CON. RES. 315
Para. 122.57 PROVIDING FOR THE ADOPTION OF H. RES. 578-H. RES. 579
Para. 122.58 PROVIDING FOR THE ADOPTION OF H. RES. 578--H. RES. 579
Para. 122.59 [ROLL NO. 505]--ON AGREEING TO THE RESOLUTION
Para. 122.60 CONGRESSIONAL GOLD MEDAL--H.R. 4497
Para. 122.61 RULES MANUAL PRINTING--H. RES. 580
Para. 122.62 ORGANIZATIONAL CAUCUSES--H. RES. 581
Para. 122.63 SPEAKER AND MINORITY LEADER TO ACCEPT RESIGNATIONS, APPOINT
COMMISSIONS
Para. 122.64 EXTENSION OF REMARKS BY COMMITTEE CHAIRMEN AND RANKING
MINORITY MEMBERS
Para. 122.65 GENERAL LEAVE TO EXTEND REMARKS UNTIL LAST EDITION OF THE
RECORD
Para. 122.66 REPORTS FILED WITH THE CLERK--PRINTING
Para. 122.67 TRANSPORTATION OF MUNICIPAL SOLID WASTE--S. 2345
Para. 122.68 COMPREHENSIVE ONE-CALL NOTIFICATION ACT--H.R. 5248
Para. 122.69 SOCIAL SECURITY ACT AMENDMENTS--H.R. 5252
Para. 122.70 PERMISSION TO FILE REPORTS
Para. 122.71 FURTHER MESSAGE FROM THE SENATE
Para. 122.72 PREEMPTING STATE ECONOMIC REGULATION OF MOTOR CARRIERS
TECHINCAL CORRECTION--H.R. 5123
Para. 122.73 COASTAL BARRIER RESOURCES SYSTEM--H.R. 4598
[[Page 2908]]
Para. 122.74 RECESS--10:43 P.M.
Para. 122.75 AFTER RECESS--11:55 P.M.
Para. 122.76 FURTHER MESSAGE FROM THE SENATE
Para. 122.77 OFFICE OF SPECIAL COUNSEL--H.R. 2970
Para. 122.78 DOD OVERSEAS TEACHERS--H.R. 3499
SATURDAY, OCTOBER 8, (LEGISLATIVE DAY OF OCTOBER 7), 1994
Para. 122.79 FEGLI LIVING BENEFITS ACT--H.R. 512
Para. 122.80 FEDERAL EMPLOYEES FAMILY FRIENDLY LEAVE ACT--H.R. 4361
Para. 122.81 LINCOLN COUNTY, MONTANA, PUBLIC LANDS--S. 528
Para. 122.82 SENATE BILLS AND JOINT RESOLUTIONS REFERRED
Para. 122.83 ENROLLED BILLS SIGNED
Para. 122.84 SENATE ENROLLED JOINT RESOLUTION SIGNED
Para. 122.85 ADJOURNMENT
Para. 122.86 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 122.87 PUBLIC BILLS AND RESOLUTIONS
Para. 122.88 PRIVATE BILLS AND RESOLUTIONS
Para. 122.89 REPORTS OF COMMITTEE ON PRIVATE BILLS AND RESOLUTIONS
Para. 122.90 ADDITIONAL SPONSORS
TUESDAY, NOVEMBER 29, 1994 (123)
Para. 123.1 APPROVAL OF THE JOURNAL
Para. 123.2 [ROLL NO. 506]--ON APPROVAL OF THE JOURNAL
Para. 123.3 COMMUNICATIONS
Para. 123.4 MESSAGE FROM THE SENATE
Para. 123.5 RESIGNATION AS MEMBER OF HOUSE OF REPRESENTATIVES
Para. 123.6 COMMUNICATION FROM THE CLERK--CERTIFICATE OF ELECTION
Para. 123.7 MEMBER-ELECT TO BE SWORN IN
Para. 123.8 MEMBER-ELECT SWORN IN
Para. 123.9 COMMUNICATION FROM THE CLERK--MESSAGES FROM THE SENATE
Para. 123.10 ENROLLED BILLS AND JOINT RESOLUTIONS SIGNED
Para. 123.11 BOARD OF TRUSTEES OF THE AMERICAN FOLKLIFE CENTER IN THE
LIBRARY OF CONGRESS--APPOINTMENT
Para. 123.12 COMPETITIVENESS POLICY COUNCIL--APPOINTMENT
Para. 123.13 SOCIAL SECURITY ADVISORY BOARD--APPOINTMENTS
Para. 123.14 NATIONAL BANKRUPTCY REVIEW COMMISSION--APPOINTMENT
Para. 123.15 COMMISSION ON PROTECTING AND REDUCING GOVERNMENT SECRECY--
APPOINTMENT
Para. 123.16 COMMISSION ON THE ROLES AND CAPABILITIES OF THE U.S.
INTELLIGENCE COMMUNITY--APPOINTMENT
Para. 123.17 SUBPOENA
Para. 123.18 SUBPOENA
Para. 123.19 SUBPOENA
Para. 123.20 SUBPOENA
Para. 123.21 SUBPOENA
Para. 123.22 SUBPOENA
Para. 123.23 SUBPOENA
Para. 123.24 GATT IMPLEMENTATION--H.R. 5110
Para. 123.25 [ROLL NO. 507]--ON PASSAGE
Para. 123.26 EXPRESSING THE THANKS OF THE HOUSE TO SPEAKER FOLEY--H.
RES. 586
Para. 123.27 DEFENSE BASE CLOSURE AND REALIGNMENT COMMISSION--H.R. 5292
Para. 123.28 THE LATE HONORABLE DEAN A. GALLO--H. RES. 587
Para. 123.29 APPOINTMENT OF FUNERAL COMMITTEE OF THE LATE DEAN A. GALLO
Para. 123.30 SENATE BILLS, JOINT RESOLUTIONS AND A CONCURRENT RESOLUTION
REFERRED
Para. 123.31 BILLS AND JOINT RESOLUTIONS PRESENTED TO THE PRESIDENT
Para. 123.32 ADJOURNMENT
Para. 123.33 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Para. 123.34 PUBLIC BILLS AND RESOLUTIONS
Para. 123.35 MEMORIALS
Para. 123.36 ADDITIONAL SPONSORS
Para. 123.37 PETITIONS